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HomeMy WebLinkAboutZBA Minutes 1991-04-10 FILED TOWN OF ITHACA Date � 9 TOWN OF ITHACA ZONING BOARD OF APPEALS Clerk APRIL 10 , 1991 THE FOLLOWING MATTERS WERE HEARD ON APRIL 10 , 1991 BY THE BOARD : APPEAL OF ELSIE MCMILLAN , OWNER/APPELLANT , HISTORIC ITHACA , CHARLES POMADA , AGENT , REQUESTING A VARIANCE FROM ARTICLE V . SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF AN ARCHITECTURAL PARTS RECYCLING WAREHOUSE ( USED BUILDING MATERIALS ) , TO BE LOCATED IN AN EXISTING VACANT BARN LOCATED AT 812 ELMIRA ROAD , TOWN OF ITHACA TAX PARCEL # 6 - 33 - 1 - 7 . 2 , RESIDENTIAL DISTRICT R- 30 . GRANTED WITH CONDITIONS APPEAL OF CORNELL UNIVERSITY , APPELLANT , HARRY MCPHERSON , AGENT , REQUESTING A SPECIAL APPROVAL FOR THE PROPOSED CONSTRUCTION OF A TEMPORARY PARKING LOT AT THE SITE OF THE FORMER OXLEY ARENA , LOCATED ON DRYDEN ROAD , ( NEW YORK STATE ROUTE 366 ) , TOWN OF ITHACA TAX PARCEL # 6 - 63 - 1 - 8 . 2 , RESIDENTIAL DISTRICT R- 30 . GRANTED WITH CONDITIONS v FILED ® TOWN OF ITHACA Dara Town of Ithaca IF1 Zoning Board of Appeals Clerk April 10 , 1991 TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 10 , 1991 PRESENT : Chairman Edward Austen , Edward King , Robert Hines , Joan Reuning , Peter Scala , Building Enforcement/ Zoning Officer Andrew Frost , Town Attorney John Barney . OTHERS : Elsie McMillan , Charles Pomada , Lawrence P . Fabbroni , P . E . , one signature illegible . Chairman Austen called the meeting to order at 7 : 08 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . The first Appeal heard by the Board was the following : APPEAL OF ELSIE MCMILLAN , OWNER/APPELLANT , HISTORIC ITHACA , CHARLES POMADA , AGENT , REQUESTING A VARIANCE FROM ARTICLE V . SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF AN ARCHITECTURAL PARTS RECYCLING WAREHOUSE ( USED BUILDING MATERIALS ) , TO BE LOCATED IN AN EXISTING VACANT BARN LOCATED AT 812 ELMIRA ROAD , TOWN OF ITHACA TAX PARCEL # 60 33 - 1 - 7 . 2 , RESIDENTIAL DISTRICT R- 30 . Chairman Austen read the Appeal into the record . Mr . Charles Pomada explained that they plan on taking architectural salvage , such as doors , windows , lighting fixtures , plumbing fixtures and giving a tax credit for those people who donate them and then making them available to the public for re - sale . He said that they plan to be open one day a week . Mr . Pomada stated that they will be cutting brush along the State right - of -way to make it more accessible and cleaning out in front of the barn for a turn - around . They will also be doing some repairs on the barn , such as putting locks on the doors and doing exterior maintenance as necessary . He said they do not plan on any plumbing or electrical being installed . They will be out there a day or an afternoon a week to meet people . It will be on a fixed schedule . Mr . Pomada said that the business end of it , the phone calls etc . , will be taken at the office for Historic Ithaca at the Clinton House . ® Mr . Pomada referred to " Statement for the Town of Ithaca " , dated April 10 , 1991 , and attached hereto as Exhibit # 1 . Town of Ithaca 2 Zoning Board of Appeals April 10 , 1991 In answer to Mr . King ' s question regarding how they will dispose of the material , Mr . Pomada stated that there will be some publicity through Historic Ithaca and people will come on a given day to browse and buy from the warehouse . Chairman Austen opened the public hearing . Ms . Elsie McMillan , owner of the premises , spoke to the Board . She said that Historic Ithaca ' s offer seems like a wonderful thing to her and her family . She said they have always been aware of the barn being a historic structure . In the last ten years or so as she has gradually assumed the responsibility for the farm , with the increase in taxes and all , they simply could not afford to maintain the barn . Chairman Austen closed the public hearing . Chairman Austen referred to the Environmental Assessment Form , Part I , and to Part II signed by George Frantz on April 10 , 1991 . The form is attached hereto as Exhibit # 2 . Environmental Assessment MOTION by Mrs . Joan Reuning , seconded by Mr . Robert Hines . RESOLVED , that , in the matter of the Appeal of Elsie McMillan , Owner/Appellant , Historic Ithaca , Charles Pomada , Agent , requesting a variance from Article V , Section 18 , of the Town of Ithaca Zoning Ordinance , to permit the operation of an architectural parts recycling warehouse ( used building materials ) , to be located in an existing vacant barn located at 812 Elmira Road , Town of Ithaca Tax Parcel 6 - 33 - 1 - 7 . 2 , Residential District R- 30 , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance , upon the recommendation of Acting Town Planner George Frantz . A vote on the motion resulted as follows . Ayes - Reuning , Hines , Scala , King , Austen . Nays - None . The Motion was carried unanimously . Town of Ithaca 3 Zoning Board of Appeals April 10 , 1991 MOTION By Mr . Robert Hines , seconded by Mrs . Joan Reuning . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from Article V . Section 18 , of the Town of Ithaca Zoning Ordinance , to permit the operation of an architectural parts recycling warehouse located in an existing vacant barn at 812 Elmira Road , as shown on the application , with the following findings and conditions . 16 that the structure has a unique and historical value to the community . 2e that the barn has no economic use at the present time . 3e that it could be a hardship to the owner which is alleviated by a quasi - commercial lease to Historic Ithaca . 4e that there is no finding of activity which is incompatible with the neighborhood . 5e that the activities are fairly consistent with the rural character of the community in which it is located , and there will be a very low impact on the use of the property . 6 * that no one appeared in opposition to the proposal . 7e that the variance have a term of 3 years , expiring July 1 , 1994 . 80 that access to the public be limited to no more than 2 days a week . 90 that the variance be subject to obtaining a Certificate of Occupancy in complying with the Building Code . 100 that adequate access be provided from the old road to the site . 11 * that there be no outside storage on the site . 12 * that this variance is for the use of the southernmost barn only , shown as " Salvage Barn " in the application . A vote on the motion resulted as follows . Ayes - Reuning , Hines , Scala , King , Austen . Nays - None . • Town of Ithaca 4 Zoning Board of Appeals April 10 , 1991 The motion carried unanimously . The next Appeal heard by the Board was the following . APPEAL OF CORNELL UNIVERSITY , APPELLANT , HARRY MCPHERSON , AGENT , REQUESTING A SPECIAL APPROVAL FOR THE PROPOSED CONSTRUCTION OF A TEMPORARY PARKING LOT AT THE SITE OF THE FORMER OXLEY ARENA , LOCATED ON DRYDEN ROAD , ( NEW YORK STATE ROUTE 366 ) , TOWN OF ITHACA TAX PARCEL # 6 - 63 - 1 - 8 . 2 , RESIDENTIAL DISTRICT R- 30 . Chairman Austen read the Appeal into the record . Mr . Larry Fabbroni appeared before the Board and explained the project . The request is to expand the parking facility to 134 spaces and to have a construction trailer on the site . He said that they are asking for this use through 1996 and they are asking for it principally because of the construction thatis currently ongoing on Campus and what they anticipate will be going on through that period . Mr . Fabbroni explained that there are a number of trades that operate on Campus and they need to have access to materials for the jobsthat are going on . Mr . Fabbroni stated that when he appeared before the Planning Board , the Board was pretty emphatic that they only wanted cars and pick-up trucks in that area . While the University would not object to that as a restriction to any Special Approval the Board may give them , he does not want to mislead the Board into thinking that they may go to the area and not find maybe 4 or 5 tractor trailers there with materials in them that the pick -up trucks were loading things out of to go to a building site . Chairman Austen asked Mr . Fabbroni if the parking area would be used for the construction workers . Mr . Fabbroni replied that is right . The workers would park there and then be shuttled to the construction site where they are working . Mr . Fabbroni spoke of the landscaping that will be done in the area . He said that with the landscaping as proposed , people would not be able to see the trailers . Extensive discussion followed in regard to parking • construction material trailers on the site in question . Town Attorney Barney stated that the way the Town ' s Ordinance is constructed , the Planning Board has imposed a condition , and if Mr . Fabbroni wants the condition changed , he needs to go back to the Planning Board . Town Attorney Barney said that the Zoning Board of Appeals cannot go against what the Planning Board has ruled . Town of Ithaca 5 Zoning Board of Appeals April 10 , 1991 Mr . Fabbroni stated that he will go back to the Planning Board Of that is what the Zoning Board of Appeals determines needs to be done . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Chairman Austen read from Part II of the Environmental Assessment Form , signed by George Frantz on March 14 , 1991 , which is attached hereto as Exhibit # 3 . Environmental Assessment MOTION by Mr . Edward King , seconded by Mr . Robert Hines : RESOLVED , that , in the matter of the Appeal of Cornell University , requesting a Special Approval for the proposed construction of a temporary parking lot at the site of the former Oxley Arena , located on Dryden Road ( New York State Route 366 ) , ® Town of Ithaca Tax Parcel 6 - 63 - 1 - 8 . 2 , Residential District R- 30 , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance , upon the recommendations of the Acting Town Planner , George Frantz . A vote on the Motion resulted as follows . Ayes - King , Hines , Scala , Reuning , Austen . Nays - None . The Motion carried unanimously . MOTION By Mrs . Joan Reuning , seconded by Mr . Robert Hines . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a Special Approval for the construction of a temporary parking lot at the site of the former Oxley Arena , located on Dryden Road ( New York State Route 366 ) , as indicated on the application , with the following findings and conditions : 10 that there is a need for the proposed use in the proposed location . • 2 * that the existing and probable future character of the neighborhood will not be adversely affected . 3a that the proposed change is in accordance with a comprehensive plan of development of the Town . Town of Ithaca 6 Zoning Board of Appeals April 10 , 1991 4o that the parking area and temporary placing of a construction trailer shall cease on January 1 , 1997 unless a new plan and new special approval of such new plan has been approved by the Planning Board and the Zoning Board of Appeals by such date . Upon such termination the land area shall no longer be used for parking or construction trailer siting but shall be landscaped and blockaded by Cornell University in a manner satisfactory to the Town of Ithaca Engineer so as to create open space not available for parking . 5e aside from one construction trailer , the area during the period of this special approval shall be used only for parking vehicles ( cars and possibly light trucks ) used by construction workers commuting to construction projects on the Cornell campus . 69 except as set forth below , the parking area shall be constructed as shown on the plan entitled " Oxley Arena Site Improvements and Temporary Parking " , dated September 24 , 1990 , • including five drawings . 7 * the landscape plan shall be modified in a manner acceptable to the Town Engineer and Town Planner to permit adequate sight distances for exiting the parking area . A vote on motion resulted as follows : Ayes - Reuning , King , Hines , Austen , Scala . Nays - None . Adjournment The meeting adjourned at 8 : 40 p . m . Connie J . Holcomb Recording Secretary AP V Edward Austen , Chairman �{•', 1 3C 'I � _t \ / i. � ' 111111 /, q. . � ' � AML HISTORIC _ ITHACA & TOMPKINS COUNTY 120 NORTH CAYUGA STREET ITHACA, NEW YORK 14850 ( 607 ) 273-6633 April 10 , 1991 Statement for the Town of Ithaca Use Variance Hearing for the adaptive reuse of the McMillan Barn at 812 Elmira Road for a warehouse for the recycling of architectural materials . The operation will be named " Significant Elements " and will be operated by Historic Ithaca & Tompkins County , a registered not - for - profit organization , for the purpose of raising money to promote and implement historic preservation awareness and the conservation and recycling of useful building materials and architectural antiques . In addition to raising funds for the continuation of our tech - ical assistance and contractor referral services which had been formerly funded , in part , by the Division of Housing and Community Renewal of the State of New York , this project will act as a focus of the following Historic Ithaca goals ; which we hope the Town of Ithaca shares . It will promote recycling by offerring an alternative to putting used doors , etc . in the landfill . The program will include instruction on what to recycle as well as how to recycle these items to maximize their use for the next " consumer . " It will serve as an example of how to preserve a building after the purpose for which the building was built has passed . - It will serve as a preservation example of how to preserve " Rural Vistas " by reusing existing agricultural buildings instead of costly replace - ment by architecturally nondescript factory - built warehouses . It will serve as a focus for a new Historic Ithaca & Tompkins County program designed to help individuals in central New york maintain and • preserve other barns and agricultural buildings . DEDICATED TO THE PRESERVATION OF TOMPKINS COUNTY LANDMARKS , �_ .N . .., . ''� 1111 • tr - / . �� :+ : ,f � e ' r' .i •yi \ ' inn I,.: HIST01121,111C I Itl r II IY II�JTITMIO ii , �," L�f� � 1 . oil ITHACA �r I -+.-.. ,.f, ` .n } 111 • II ' .� & TOMPKINS COUNTY " y, o, �_� I • 120 NORTH CAYUGA STREET ITHACA, NEW YORK 14850 ( 607 ) 273"6633 SIGNIFICANT ELEMENTS Operating Plan 4 / 10 / 91 This architectural salvage warehouse will be open to the public one day a week and be . staffed by one member of HI & TC ' s staff and additional volunteers and interns . It is palneed that student interns through Cornell ' s Civitas work - study program may help and other community youths from the Learning Web will be invited to participate . All items offered for sale will be donations for which Historic Ithaca will offer a tax credit certificate , if desired . Due to space and time limits we will be highly selective as to what is accepted . Selection criterion will be based on ready reuse and utility . ® Each item will be priced and labelled as to age and size . There may be small discounts available to Historic Ithaca members . Some items will be taken in trade , but no consignments _will be accepted . The McMillan Barn will be used essentially as is except for : cutting of brush which is overgrowing part of the yard and access road minor repairs to siding and windows security measures interior storage racks and shelves to maximize the utility of the interior space . III No phone , plumbing , or electrical improvements are planned . DEDICATED TO THFS PRESERVATION OF TOMPKINS COUNTY LANDMARKS ® MISSION STATEMENT of Historic Ithaca & Tompkins County Historic Ithaca & Tompkins County was founded in 1966 because of a growing awareness of the need to identify and preserve the built environment of Tompkins County for current and future generations . The mission of Historic Ithaca & Tompkins County is to : - promote awareness of the aesthetic and historic importance of the built environment through educational programs ; provide leadership in the preservation of significant elements of .. the built environment through advocacy activities ; develop additional programs which demonstrate and encourage actual preservation efforts ; and - support contemporary architecture , landscape design and planning sympathetic to the historic environment . • 3 / 9 / 90 A f I I I I I I Town Assigned Project ID Number Rev . 10 / 90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY ®PART I — Project Information. To be completed pleted by Applicant or Project Sponsor ) 1 . Applicant /Sponsor : Historic Ithaca 12 . Project Name : 120 N . Cayiiaa st- , " Significant Elements " 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : 812 Elmira Road , Town of Ithaca North west side of Route 13 , just north of Route 327 ( Enfield Falls Rd ) Tax Parcel Number : 33 - 1 - 7 . 2 4 . Is Proposed Action : NEW EXPANSION MODIFICATION / ALTERATION USE VARIANCE 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : This now vacant barn will be used to store , inventory and sell used doors , windows , and other architectural fixtures as a fund raiser for Historic Ithaca & Tompkins County , a non - profit organization dedicated to the preservation of our architectural heritage . Items will be obtained only through donations . No external modifications to the existing barn are envisioned , but it will be actively maintained . Operations will be limited to a few days a week , ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially I0-5 yrs) 1 2 Acres (6- 10 yrs) 0 Acres W0 yrs) 0 Acres 7 . How is the Land Zoned Presently ? Will proposed action comply with existing zoning or other existing land use restrictions ? YES [�] NO E] If no , describe conflict briefly : Unoccupied barn will be used for architectural parts recycling business . 9 . Will proposed action lead to a request for new : Public Road ? YES El NO ® Public Water ? YES NO Public Sewer ? YES 0 NO � 10 . What is the present land use in the vicinity of the proposed project ? Residential Commercial F Industrial ' © Agriculture Park /Forest /open Space Other Please describe : 11 . Does proposed action involve a permit , approval , or funding , now or ultimately from any other governmental agency (Federal , State , Local) ? YES F1 NO [�X] If yes , list agency name and permit /approval /funding : 12 . Does anu aspect of the proposed action have a currently valid permit or approval ? YES NO If yes , list agency name and permit /approval . . Also , state whether that permit /approval will require modification . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE AS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name (Print or ype) : Historic Ithaca & Tompkins County Oature : SharheLda , Protect Manager Date : ENY1 RONMENTAL ASSESSMENT (To be completed by the Town of Ithaca • Use attachments as necessary) A . Does proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 . 12 or Town Environmental Looal Law ? YES NO If yes , coordinate the review process and use the Full EAF , B . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617 .6 ? YES NO ( If no , a negative declaration may be superseded by another involved agency , if any .) C . Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legible ) C1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly SEE ATTACHED C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or neighborhood character ? Explain briefly SEE ATI'AC.UED C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain briefly SEE ATTACHED C4 , The Town 's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? Explain briefly SEE ATTACHED C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Explain briefly : SEE ATTACHED C6 . Long term , short term , cumulative , or other effects not identified in Cl - C5 ? Explain briefly : SEE ATTACHED C7 , Other impacts (including changes in use of either quantity or type of energy ) ? Explain briefly SEE ATTACHED D . is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES ❑ NO If yes , explain briefly E . Comments of staff CAC Other attached . (Check applicable boxes) PART 111 — DETERMINATION OF SIGN ] FICANCE ( To be completed by the Town of Ithaca ) Instructions : For each adverse effect identified above , determine whether it is substantial , large , important or otherwise significant . Each effect should be assessed in connection with its (a) setting (ie . urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope ; and (f) magnitude , if necessary , add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur . Then proceed directly to the full EAF and /or prepare a positive declaration . ❑ Check this box if you have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach- ments as necessary , the reasons supporting this determination . ZONING BOARD OF APPEALS --� Name of Lead Agency Edward N . Austen , Chairman Preparer 'MrSignalure If dif ent from Responsible Officer) Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer Si nature of Res onsible Officer in Lead A enc Date : PART 11 - ENVIRONMENTAL ASSESSMENT PROJECT : Request for Variance from Article V . Section 18 of Town of Ithaca Zoning Ordinance : Historic Ithaca & Tompkins County . 812 Elmira Road REVIEWER : George R . Frantz , Acting Town Planner DATE : April 10 , 1991 A . Does Action exceed any TYPE I threshold in 6 NYCRR. PART 617 . 12 ? Yes No Action is UNLISTED.Y_ B . .Will Action receive coordinated review as provided for UNLISTED Actions in 6 NYCRR , PART 617 .6 ? Yes No.(_ Involved Agency : C . Could Action result lin any adverse effects associated with the following : C 1 . Existing air quality , surface or groundwater quality or quantity , noise levels, existing traffic patterns , solid waste production or disposal , potential for erosion, drainage or flooding problems ? Explain briefly : No significant adverse impacts anticipated . Proposed action is the grant of a variance from Article V , Section 18 of the Town of Ithaca Zoning ordinance to permit the use of an existing barn structure for an architectural parts recycling warehouse and sales operation by Historic Ithaca and Tompkins County , Inc . . C2 . Aesthetic , agricultural , archaeological , historic , or other natural resources, or community or neighborhood character ? Explain briefly : No significant adverse Impacts anticipated . The barn may be considered a significant aesthetic and �. architectural resource given its age and the extremely limited number, of barns of its age and style left in the Town of Ithaca . The applicant however proposes to limit modifications of the barn to Interior areas , and retain its existing architectural integrity . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or other natural resources ? Explain briefly . No significant adverse impacts anticipated . No major new construction, removal of vegetation, or other changes to the site are proposed . C4 . A community's existing plans or goals as officially adopted, or a change in use or intensity of use or land or other natural resources ? Explain Many : brant or the variance as requested would be contrary to certain community goals and plans as officially adoptod . The aubiact parcel is located in a R-30 Residence District which allows, among other uses , single- and two-family homes, specific public and institutional uses , agricultural uses , offices of a resident doctor , dentist , musician , engineer, teacher , lawyer , architect, artist or member of other recognized profession and quasi -profession , and customary home occupations operated solely by a resident of the dwelling and subject to restrictions outlined in Article V , • Sections 18 and 19 . Although the site of the proposed activity is approximately 1 ,000 feet southwesterly of and existing Business "C " District, no expansion of that district, or commercial development in the vicinity of the subject parcel are proposed or anticipated in any community plans and goals as officially adopted by the Town of Ithaca . C5 . Growth , subsequent development, or related activities likely to be induced by the proposed action? Explain briefly : Given the small scale of the use for which the proposed variance is requested , no significant adverse impacts with respect to the above factors are anticipated . C6 . Long term , short term , cumulative , or other effects not identified in C i -05 ? Explain briefly : Grant of the requested variance may set a precedent resulting in similar requests for relief from zoning restrictions elsewhere in the Town of Ithaca . C7 Other impacts (including changes in use of either quantity or type of energy )? Explain briefly : No significant adverse Impacts anticipated . D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? Yes No.(_ If Yes , explain briefly PART III — DETERMINATION OF S16NIFICANCE Given the character and relatively small scale of the activity for which a variance is requested , a negative determination of environmental significance is recommended . However it must be noted that the grant of a variance may result in the establishment of a precedent which may be facilitate similar requests for variances elsewhere in the Town of Ithaca , and which may result in a cumulatively significant adverse impact on community land use plans and goals as officially adopted . George R . Frantz Acting . Town Planner Part 2 - PROJECT IRflFAU I , AMU t nein mm%aw a wwa. - v / Responsibility of Lead Agency General Information ( Read Carefully) • 16 completing the form the reviewer should be guided by the question : Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large ( column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance . Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples andlor lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the .examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a . Answer each of the 19 questions in PART 2 . Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c . If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2 . If impact will occur but threshold is lower than example, check column 1 . d . If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3 . e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column - 3 . A No response indicates that such a reduction is not possible. This must be explained in Part 3 . ® 1 2 3 Small to Potential Can Impact Be Moderate . Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ONO JXYES Examples that would apply to column 2 • Any construction on slopes of 15 % or greater, (15 foot rise per 100 ❑ ❑ 13 Yes ❑ No foot of length), or where the general slopes in the project area exceed 10 % . • Construction on land where the depth to the water table is less than ❑ ❑ ❑ Yes 0N 3 feet. • Construction of paved parking area for 1 ,000 or more vehicles. 0 ❑ ❑ Yes 0N • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑ Yes ❑ No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑ Yes ❑ No than one phase or stage. • Excavation for mining purposes that would remove more than 1 ,000 ❑ ❑ ❑ Yes 0N tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ C3 Yes 0N • Construction in a designated floodway. C3 ❑ Yes ❑ No • Other impacts WRAP eT eXIShii5 70 SoEa_e enve./ ❑ 11 Yes ❑ No da � �cr� o, �nf fa 13y Sgacts eA0� -1 / 1 fig eT ce . � fiuc �io � tier r 2 . Will there be an effect v. .. Ay unique or unusual land forms found on the site ? ( i . e. , cliffs, dunes, geological formations, etc . I NO OYES • Specific land forms: ❑ 0 ❑ Yes ❑ No • t (ii !. 40 a 3 SmalJ tential Can Impact Be IMPACT ON WATER ModeLarge Mitigated By 3 . Will proposed action affect any water body designated as protected ? impampact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law , ECL) KNO OYES Examples that would apply to column 2 ❑ ❑ ❑ Yes ONo • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ Oyes ❑ No protected stream. • Extension of utility distribution facilities through a protected water body. 1311 ❑ Yes ❑ No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑ Yes 0N • Other impacts: O ❑ ❑ Yes ❑ No 4 . Will proposed action affect any non-protected existing or new body of water? ENO 73YES Examples that would apply to column 2 ❑ ❑ Yes 0N • A 10% increase or decrease in the surface area of any body of water ❑ or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑ Yes ❑ No • Other impacts : ❑ ❑ ❑ Yes ❑ No S . Will Proposed Action affect surface or groundwater quality or quantity ? ZNO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑ Yes [1Nc • Proposed Action requires use of a source of water that does not 13 ❑ ❑ Yes ❑ Nc have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑ Yes ❑ N � gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑ Yes ❑ N supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ N • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑ Yes ❑ N do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑ Yes ❑ N day. • Proposed Action will likely cause siltation or other discharge into an 13 ❑ ❑ Yes ❑ N existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑ Yes C3 Is products greater than 1 ,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑ Yes ❑ � • and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ Oyes OIs require new or expansion of existing waste treatment and/or storage facilities. • Other impacts:. ❑ ❑ ❑ Yes ❑ � 6 . Will proposed action alter drainage flow or patterns, or surface 1 2 3 . small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change o7- Proposed Action may cause substantial erosion. ❑ ❑ ❑ Yes ❑ No Proposed Action is incompatible with existing drainage patterns. ❑ ❑ Dyes El No • Proposed Action will allow development in a designated floodway. ❑ ❑ Dyes ❑ No • Other impacts: Cl ❑ ❑ Yes ❑ No IMPACT ON AIR 7 . Will proposed action affect air quality? ONO ® YES Examples that would apply to column 2 • Proposed Action will induce 1 ,000 or more vehicle trips in any given Cl ❑ ❑ Yes C3 No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ Cl ❑ Yes ❑ No refuse per hour. • Emission rate of total contaminants will exceed S lbs, per hour or a ❑ ❑ ❑ Yes ❑ No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑ Yes ❑ No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑ Yes CD No development within existing industrial areas. • Other impacts: toiLpraduthen AJP 4to �wl ✓ eb ) cular- IrA7tIlc ® ❑ ❑ Yes C3 No the afreea IMPACT ON PLANTS AND ANIMALS 8 . Will Proposed Action affect any threatened or endangered species? ONO OYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑ Yes ❑ No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑ Yes ❑ No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑ Yes C1 No than for agricultural purposes. • Other impacts: ❑ ❑ ❑ Yes ❑ No 9 . Will Proposed Action substantially affect non•threatened or non-endangered species? ONO OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes 11 No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ ❑ Yes ❑ No of mature forest (over 100 years of age) or other locally important vegetation . IMPACT ON AGRICULTURAL LAND RESOURCES 10 . Will the Proposed Action affect agricultural land resources? C4NO DYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ ❑ C3 Yes ❑ No land ( includes cropland, hayfields, pasture, vineyard, orchard, etc. ) ��� .� 8 rof . � 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By • Impact Impact Project Change i • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑ Yes C3 No agricultural land. El ❑ Yes ONO • The proposed action would irreversibly convert more than 10 acres El of agricultural land or, if located in an Agricultutal District, more than 2 . 5 acres of agricultural land. 13 ❑ Yes ONO • The proposed action would disrupt or prevent installation of agricultural C3 land management systems (e . g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e. g, cause a farm field to drain poorly due to increased runoff) ❑ ❑ ❑ Yes C3 No • Other impacts: IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? CiNO ❑ YES (If necessary, use the Visual EAF Addendum in Section 617 . 21 , Appendix B.) Examples that would apply to column 2 ❑ ❑ Yes CD No • Proposed land uses, or project components obviously different from ❑ or in sharp contrast to current surrounding land use patterns, whether man-made or natural . ❑ ❑ Yes 0 N • Proposed land uses, or project components visible to users of Cl aesthetic resources which will eliminate or significantly reduce their ® enjoyment of the aesthetic qualities of that resource. ❑ C3 ❑ Yes ONO • Project components that will result in the elimination or significant screening of scenic views known to be important to the area. ❑ ❑ ❑ Yes ONO • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 . Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ENO OYES Examples that would apply to column 2 C30Yes ❑ No • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. 13 ❑ Yes ONO • Any impact to an archaeological site or fossil bed located within the ❑ project site. ❑ ❑ Yes ❑ No • Proposed Action will occur in an area designated as sensitive for 11 archaeological sites on the NYS Site Inventory. ❑ ❑ ❑ Yes ONO • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 . Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities ? • Examples that would apply to column 2 CKNO OYES ❑ ❑ ❑ Yes 0 N • The permanent foreclosure of a future recreational opportunity . • A major reduction of an open space important to the community. ❑ ❑ Dyes C3 No • Other impacts : JV IL ❑ ❑ [] Yes 0 N 9 Be IMPACT ON TRANSPORTATION Small to Potential CMitilga Mitigated Moderate Large • - 14 . Will there be an effect to existing transportation systems ? Impact Impact PrOJect Change ONO ZLYES Examples that would apply to column 2 ❑ ❑ Yes ❑ No • Alteration of present patterns of movement of people and/or goods . ❑ ❑ Yes ❑ No • Proposed Action will result in major traffic problems. 1_ ❑ Yes ❑ No / � 1tn J � .erc �'tef fe �ltneiurG � [3• Other impacts: alaoo �d a wk Aga r a IMPACT ON ENERGY / 15 . Will proposed action affect the communitys sources of fuel or energy supply? RNO OYES Examples that would apply to column 2 ❑ ❑ ❑ Yes ❑ No • Proposed Action will cause a greater than 5 % increase in the use of any form of energy in the municipality. ❑ ❑ ❑ Yes ❑ No • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. ❑ ❑ ❑ Yes ❑ No • Other impacts: NOISE AND ODOR IMPACTS 16 . Will there be objectionable odors, noise, or vibration ioNaos a DYES sult of the Proposed Actions Examples that would apply to column 2 ❑ ❑ ❑ yes 0N • Blasting within 1 , 500 feet of a hospital , school or other sensitive facility. ❑ ❑ ❑ Yes ❑ Nc • Odors will occur routinely (more than one hour per day). ❑ ❑ Yes 0N • Proposed Action will produce operating noise exceeding the local ❑ ambient noise levels for noise outside of structures. 0 ❑ ❑ Yes ON, • Proposed Action will remove natural barriers that would act as a noise screen. ❑ ❑ Dyes ON • Other impacts: IMPACT ON PUBLIC HEALTH 17 . Will Proposed Action affect public health and safety? OYES Examples that would apply to column 2 ❑ ❑ ❑ Yes Of • Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. ❑ ❑ ❑ Yes ❑ • Proposed Action may result in the burial of "hazardous wastes in any form (i .e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc .) ❑ ❑ ❑ Yes ❑ • Storage facilities for one million or more gallons of liquified natural • gas or other flammable liquids. ❑ ❑ ❑ Yes C • Proposed action may result in the excavation or other disturbance within 2 ,000 feet of a site used for the disposal of solid or hazardous waste. [] ❑ Yes C • Other impacts : 10 'fir. . . F1 .. / . .. i e �.a� ioi ✓ a~wi /c ►�.y A ll� `" . IMPACT ON GROWTH AND CHARACTER Z 3 OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be • Moderate Large Mitigated By 18 . Will proposed action affect the character of the existingm community ?munityi' Impact Impact Project Change ZNO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ Cl ❑ Yes ❑ No project is located is likely to grow by more than 5 % . • The municipal budget for capital expenditures or operating services ❑ ❑ [] Yes ❑ No will increase by more than 5 % per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑ Yes C3 No • Proposed action will cause a change in the density of land use. ❑ Cl [] Yes No • Proposed Action will replace or eliminate existing facilities, structures 11 CD El Yes ❑ No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑ Yes C3 No (e. g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑ Yes ❑ No • Proposed Action will create or eliminate employment. ❑ ❑ ❑ Yes El No • Other impacts: ❑ ❑ [] Yes ❑ No 19 . Is there, or is there likely to be, public controversy related to potential adverse environmental impacts ? NNO DYES If Any Action In Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3 — EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared If one or more impact(s) is considered to be potentially large, even if the impact($) may be mitigated Instructions Discuss the following for each impact identified in Column 2 of Part . 2: 1 . Briefly describe the impact. 2 . Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(•). 3 . Based on the Information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider. • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) � 3 11 ; A Staff Recommendation State Environmental Quality Review Determination of Significance Action : Consideration of request for Special Approval for the proposed construction of a temporary parking lot at the site of the former Oxley Arena , to be located Said project consists of reconfiguration and expansion of an existing parking lot from 70 spaces to 134 spaces , and placement of a temporary construction office trailer on the site . Cornell University , Owner , Location : NYS Rte . 366 ( Dryden Road ) approximately 400 ft . east of its intersection with Hoy Road , Town of Ithaca Tax Parcels No . 6 - 63 - 1 - 8 . 2 . Lead Agency : Town of Ithaca Zoning Board of Appeals Staff Recommendation : Based on review of the project as proposed , including the information supplied in Part I of the Long Environmental Assessment Form , proposed site plans and other application submissions , and completion of Part II of the Long Environmental Assessment Form ( attached ) , a negative determination of environmental significance is recommended for the above referenced action . Given the proposed design of the project , its location and the character of surrounding land uses , the existing character of the site , the proposed uses and activities associated with the project and their temporary nature , no significant adverse environmental impacts have been identified . Date : March 14 , 1991 Reviewer : George R . Frantz , Acting Town Planner