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ZBA Packet 2023-05-15
Town of Ithaca Zoning Board of Appeals Monday May 15, 2023, at 6:00pm 215 N. Tioga St. The meeting for the Zoning Board of Appeals will be held in -person, at Town Hall, with the option for the public to also attend by video conferencing through the Zoom App. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If a member of the public would like to attend the meeting virtually, for viewing purposes only, it is recommended to watch the livestrearn video on YouTube. • ZBAA-22-130 Appeal of David Tat-Chee & Mavis Ng, owners of 306 Birchwood Drive, Tax Parcel No. 70.-10-1.143 • ZBAA-23-5 Appeal; Linda Ruth, owner of 1057 Taughannock Blvd.; David Lewis, Agent;. Tax Parcel No. 21.-2-14 • ZBAA-23-6 Appeal Ithaca College, Owner of 127 Conservatory Dr (Butterfield Stadium); Mabel Gutliph, Agent; Tax Parcel No. 41.-1-30.2 0 ZBAA-23-7 Appeal Cornell University, Owner; Tax Parcel No. 62.-2-4 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to www.zoorn, us. and clicking on "JOIN Meeting", and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to h s://us06weo /8525587157 Af joining through the Zoom App, you will be placed on hold ............r. -- -- - -- .. .. .. ...........................................................0 M.us6 until the meeting starts. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to The Town's YouTube channel. To join the meeting directly, go to hips._//WWW, outube.com/cliaririel/L.J(.C9vy ............ _cjXkJ0ktV1i�b'h(.,' 7�Njive ................. Questions about accessing the Zoom video conference should be directed to.l.k.0foJAC .. .. .... ...... .... . . .. . . ... ... .... . or (607) 273-1783 Town of Ithaca Zoning Board of Appeals Monday May 15, 2023 @ 6:00 p.m. 215 N. Tioga St. ZBAA-22-130 Appeal of David Tat-Chee & Mavis Ng, owners of 306 Birchwood Drive, Tax Parcel No. 70.-10-1.143; are seeking relief from Town of Ithaca Code section 270-71 (E)(2) (Yard regulations). Town of Ithaca Code section 270-71 (E)(2) specifies that an accessory building may only occupy space in the rear yard, where an approximate 10.5' x 11.5' accessory building has been placed in the front yard of the property. The property is located in the Medium Density Residential Zone. Town of Ithaca Zoning Board of Appeals Tuesday, January 10, 2023, at 6:00prn 215 N. Tioga St. The meeting for the Zoning Board of Appeals will be held in -person, at Town Hall, with the option for the public to also attend by video conferencing through the Zoom App. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If a member of the public would like to attend the meeting virtually, for viewing purposes only, it is recommended to watch the livestrearn video on YouTube. AGENDA • ZBAA-22-130 Appeal of David Tat -Ghee & Mavis Ng, owners of 306 Birchwood Drive, Tax Parcel No. 70.40-1.143 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to.w..w..w.,..z..o..o.l.y..i.,..L[..s.. and clicking on "JOIN Meeting", and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to 12!tps--.//u�sO6wet)�.z(.)()tyi�u,,/'/85�25587�l 576. If joining through the Zoom App, you will be placed on hold until the meeting starts. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to The Town's YouTube channel. To join the meeting directly, go to h.11ps--.�8www. o�Litut)e.c�orn/cli��iiiiiel/t�J(,,C,c)�v cX k..J..6..k..I..V..I..J.bj.l.i..C'y!NQ/Iive Questions about accessing the Zoom video conference should be directed to ctorresii)towil ithaca or (607) 273-1783 Town of Ithaca Zoning Board of Appeals January 1.0, 2023 Minutes Board Members Present: David Squires, Chair; Chris Jung, Stuart Friedman, David Williams, Mark Apker, and Connor Terry Marry Moseley, Director of Codes; Paulette Rosa, Town Clerk; and Guy Krogh, Attorney for the Town Mr. Squires opened the meeting at 6:00 p.m. and introduced Connor Terry to the Board. ZBAA-22-130 Appeal of David Tat-Chee & Mavis Ng, owners of 306 Birchwood Drive, TP 70.4.0-1.1.43, MDR; seeking relief from Town of Ithaca Code section 270-71 (E)(2) (Yard regulations) to be permitted to put an approximately 10.5' x 11.5' accessory building in the front yard, when said buildings are only permitted in the rear yard. CIiI/ DZI/ 15►�.�/ Mr. Tat-Chee stated that during the COVED pandemic, he and his wife turned their attached garage into a recreation/gym room and needed a place to store the snowblower and similar items and they placed the shed in the front yard, relatively close to the house for ease of access. Mr. Squires opened the public hearing at 6:04 p.m. There were no public comments, and the public hearing was closed. DISCUSSION Mr. Krogh stated the action is a Type II and therefore SEQR is not required. The Board asked if the concrete slab was laid with the shed and why it could not be placed in the backyard as well as if the shed was placed at the same time as the renovation of the garage into a gym. Mr. Tat-Chee responded that the back yard is small and slopes as well as being wet much of the time due to that topography. He said the concrete pad was there prior to the shed being placed and the renovation and purchasing and placing the shed were done at the same time. Mr. Squires stated that he felt the placement of shed didn't really change the character of the neighborhood and that other houses on the block have similar driveway configurations making the shed not very visible to the immediate neighbors. Discussion followed with the Board reviewing the balancing criteria and the difficulty discerning ZBA 2023-01-10 (Filed 1/25) Pg 1 a unique hardship in this appeal. Although they empathized with wanting the snowblower in the front yard, there are ways to make access to a rear yard shed feasible and there was not sufficient evidence of a unique hardship, such as actual slope percentages, details of other options explored to stay within the Code and the reason(s) they were rejected. Ms. Mavis Ng joined by ZOOM and seconded her husband's comments, stressing the difficulty of the slope and access to the rear yard. Mr. Squires explained to Mr. Tat -Ghee that he had the option to request that the appeal be tabled to provide additional information to demonstrate the unique hardship or to move forward and the Board would make a determination on the information provided. Mr. Tat-Chee requested time to provide additional information. Mr. Squires moved to table the appeal for up to 90 days to allow the applicant to amend his appeal; seconded by Mr. Apker, unanimous. OTHER BUSINESS Possible change of monthly meeting day - Discussion on how many board and committee meetings are scheduled in the first 2 weeks of the month and the possibility of moving the meeting to the 4'h Monday or Tuesday of the month to spread out the schedule for staff. The Board agreed and Ms. Rosa will discuss with the other Attorney for the Town regarding her availability. Meeting adjourned upon motion by Mr. Squires, seconded by Mr. Apker, unanimous. ZBA 2023-01 -10 (Filed 1/25) Pg 2 Town of Ithaca Zoning Board of Appeals Tuesday, January 10, 2023 * 6:00 p.m. 215 N. Tioga St. ZBAA-22-130 Appeal of David Tat-Chee & Mavis Ng, owners of 306 Birchwood Drive, Tax Parcel No. 70.-10-1.143; are seeking relief from Town of Ithaca Code section 270-71 (E)(2) (Yard regulations). Town of Ithaca Code section 270-71 (E)(2) specifies that an accessory building may only occupy space in the rear yard, where an approximate 10. 5' x 11.5' accessory building has been placed in the front yard of the property. The property is located in the Medium Density Residential Zone. Town of Ithaca Zoning Board of Appeals Area Variance Application Status: Active Applicant Mavis Ng ngmavis20l4@gmail.com 306 BIRCHWOOD DR NORTH ITHACA, NY 14850 6072573178 Applicant's Information Applicant is Property Owner 12/28/2022 Date Created: Nov 12, 2022 Primary Location 306 Birchwood Dr N Unit David Tat-Chee & Mavis Ng Unit David Tat-Chee & Mavis Ng Ithaca, NY 14850 Owner: David Tat-Chee & Mavis Ng 306 Birchwood Dr N Ithaca, NY 14850 Is the primary point of contact for application different than the applicant? No If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request I would like to keep the shed built in front yard. Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? No Reasons: 10.5'x11.5' |twas asmall shed ncl consistent with the character, style, and color of the existing house and it's neighbors, which was built in the 1970's at the same time when the neighborhood was developed. 2. Can the benefit sought by the applicant beachieved bymfeasible alternative tmthe variance? No Reasons: The alternative is to tear it down, which will result in lack of storage space for our lawn and snow equipment. 3. Is the requested variance substantial? No Reasons: It is not large and does not affect the living of our neighbors. 4.Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? No Reasons: It is a storage shed and we keep it very clean. 5i|s the alleged difficulty self-created? Yes Reasons: I have lawn and snow equipment to take care of my property and need a storage space to keep them. The UNDERSIGNED respectfully submit this application requesting anappearance before the Zoning Board ofAppeals. Rvfiling this application, | grant permission for members 0fThe Town Of |thUC8 Zoning Board VfAppeals nrTown staff toenter Dly property for any inspeotion/s\necessary that are in connection with rnyapplication. | acknowledge, that completed applications are scheduled 0n8first-come first -serve basis and that all documents ideally b8 submitted forty-five (45)days advance ofthe proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature Mavis Ng We built a storage shed in the front yard right next to the driveway, where we can store a heavy snowblower and other yard equipment. The storage shed is relatively small in size ), is situated on top of a wooden platform, and is not fixed to the ground. 10.5' x 11.5' The code requires the shed to be built on the back or the side. However, the snowblower that we use to plow the driveway is very heavy. Our backyard and our side yard are on a hill, and there is a big step. It is extremely difficult to move the snowblower back and forth between the driveway and the storage. So we would like to apply for a variance to put the storage in the front yard near the driveway. 4" W' LY OF CORNER RICHARD D.& CYNTHIA VOGEL DEEDS BOOK 663, PAGE 294 0 M. TAX MAP PARCEL No. 70 -10 -1.143 WOOD PRIVACY FENCE Q OI r. Q ro �CONC. �.� v` 0 O ti z 0.363A ACRE RESETO - 0H UTIL -$-BEGIN -% N 820301W 1131 S 820 30' E 120' FROM E'LY g BIRCHWOOD DRIVE SALEM DRIVE ,q0 pF NEH,� �t 4�'Ey�F ° 88�9M� 1AAD I SURVEY MAP No.306 BIRC HWOOD DRIVE l ■ r� SUBJECT TO A GAS PIPE- LINE EASEMENT TO NYSEG (60' WIDE) IN DEEDS BK 404 AT PAGE 479 AS IT MAY AFFECT THE PROPERTY tMw.tbrlsed el la►ttlew n W1t1M to • wrwy ay ,Marley a Ilesns" I" er,veWr'• eeal le a �le14M of aedlen 17W. eu-dlrtelaa 2.e1 the Mar Wrk its/s U wallan tar. O.ly .glee free IMa er1f'Meal of thla errrey urked YI IH en erl11INI of Ilu IaN wrwyer'• eeawead neat atoll be awaldered to M ratld 4. ZP".. CERTIFICATION SAV AGENCYCL L.C.,HA RIP8EACHSB WItKCO LIP SpKAHP HA TpppT `INSRABSTRACB that I� am a licensed land surveyor.New York Stake License No. 38194.and that this map correctly delineates an actual survey on the ground wade by me or under my direct supervision; that it Was prepared in accordance " " 0 — �,', Short Environmental Assessment Form Part I - Project lnforination Instructions for ComplefinLy Part I — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete part I based on information Currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by Or useful to the lead agency; attach additional pages as necessary to Supplement any item. Part I — Project and Sponsor Information Name of Action or project: 4" (? �f (A U, V ino, J Project Location (describe, and attach a location map): Y Brief Description ofTroposed Action: 60 0�1 AXY -Ilk, I 1k, �P E" p Name of Applicant or Sponsor: Telephone: 2 (\ij - - -- - ----- -_ . .......... . .... . ..... _41 4, Address: City/pO: state: 11p C Zip Code: N, 11 /, I), 's 1_ ........ ....... J,. Does the proposed action only involve the legislative adoption of plan, local law, ordinance, NO Y I S administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that F1 may be affected in the municipality and proceed to Part 2. It'no, continue to question 2. 1 Does the proposed action require a permit, approval or- funding from any other government Agency? NO Y F, S I I'Yes, I ist agency(s) name and permit or approval: D F1 .. ......... - -- ---- - 3/ a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed'? acres c. Total acreage (project site and any COutigUOUS properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, are adjoining or near the proposed action: F-1 Urban F-1 Rural (non -agriculture) El Industrial F-1 (,",ornmercial Residential (suburban) El Forest F-1 Agriculture Aquatic El Other(Specify): F_J Parkland ll,age I of SEAF 2019 M — --------- . .. ....... ...................... . .. 5. Is the proposed action, NO YFS N/A a. A permitted use under the zoning regulations? --- ---- -------- El — El - . .. ..... .... - F-1 b. Consistent with the adopted comprehensive plan'? G. Is the proposed action consistent with the predominant character of the existing built or natural landscape' N 0 YE 1:1 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? - NO YES If Yes, identify: ❑ 8 . a Will the proposed action result in a Substantial increase in traffic above present levels? NO Y E' S b Are public transportation services available at or near the site of the proposed action'? C. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? El 9Does the proposed action meet or exceed the state energy code requirements? NO YES S If the proposed action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO Y I ��' S I I'No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YEIS If No, describe method for providing wastewater treatment: El El 12 a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register ofIlistoric Places, or that has been determined by the Commissioner of the NYS Office ofParks, Recreation and I listoric Preservation to be eligible for listing on the State Register of I listoric Places? NO YES ❑ b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State I listoric Preservation Office (SI IPO) archaeological site inventory? EJ El 13 a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? NO Y FS b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? El If Yes, identify the wetland or waterbody and extent ofalterations in square feet or acres: ... . ... . ........ .... ll,agc '2 of'3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: []Shoreline M Forest F-I Agricultural/grasslands El Farly mid -successional 0 Wetland El Urban J!�, Suburban ...... .. . . . .. .... .. . 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO Y F' S Federal government as threatened or endangered? El El 16. Is the project site located in the I 00-year flood plan'? NO YI?S El 17, Will the proposed action create storm water discharge, either from point or non -point sources? NO Y E' S If Yes, El F❑I a. Will storm water discharges flow to adjacent properties? E/ I b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? El 0 If Yes, briefly describe: . ... ....... . ............ ... . . . ......... 18. Does the proposed action include construction or other activities that Would result in the impoundment of water NO YES or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and SiZC Of the irupOUndment: 1-9. 1 las the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility'? If Yes, describe: 2(I,1 las the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YE'S completed) for hazardous waste? If Yes, describe: .. ......... El F] I CERTIFY THAT THE INFORMATION PROVIDED ABOVE, IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE J Applicant/sponsor/narne: I. Signature: Title: r 4pt"I),7 r E PRINT FORM I flagc � of ; 0 anti CU' L 10 X- CA r') tY CL 1-4 m iCY 7w 0 31 V Z c w 0 0 1W < Q C, (D C 5 D o Tl 0 0 C.L 0 0 0 0 0 CL 7L vp m Lo P. CL ov 0 zi > Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday May 15, 2023 @ 6:00 p.m. 215 N. Tioga St. ZBAA-23-5 Appeal; Linda Ruth, owner of 1057 Taughannock Blvd.; David Lewis, Agent; is seeking relief from Town of Ithaca Code section 270-46(C) (Yard regulations) for a proposal to convert an existing garage into a single family dwelling/house. Town of Ithaca Code section 270-46(C) requires a side yard setback of 20 feet, where the applicant is proposing to convert an existing garage into a single-family dwelling/house which would be located within the side yard setback (facing the southern property lot line). The applicant proposes to maintain the existing southern property side yard setback, measured from the southern property lot line, to the existing garage that is proposed to be converted into a single family dwelling/house of approximately 4.1 feet. The current property is located in the Lakefront Residential District, Tax Parcel No. 21.-2-14 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday April 17 (k 6:00 p.m. 215 N. Tioga St. ZBAA-23-5 Appeal; Linda Ruth, owner of 1057 Taughannock Blvd.; David Lewis, Agent; is seeking relief from Town of Ithaca Code section 270-46(C) (Yard regulations) for a proposal to convert an existing garage into a single family dwelling/house. Town of Ithaca Code section 270-46(C) requires a side yard setback of 20 feet, where the applicant is proposing to convert an existing garage into a single-family dwelling/house which would be located within the side yard setback (facing the southern property lot line). The applicant proposes to maintain the existing southern property side yard setback, measured from the southern property lot line, to the existing garage that is proposed to be converted into a single family dwelling/house of approximately 4.1 feet. The current property is located in the Lakefront Residential District, Tax Parcel No. 21.-2-14 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday April 17 @ 6:00 p.m. 215 N. Tioga St. ZBAA-23-5 Appeal; Linda Ruth, owner of 1057 Taughannock Blvd.; David Lewis, Agent; is seeking relief from Town of Ithaca Code section 270-46(C) (Yard regulations) for a proposal to convert an existing garage into a single family dwelling/house. Town of Ithaca Code section 270-46(C) requires a side yard setback of 20 feet, where the applicant is proposing to convert an existing garage into a single-family dwelling/house which would be located within the side yard setback (facing the southern property lot line). The applicant proposes to maintain the existing southern property side yard setback, measured from the southern property lot line, to the existing garage that is proposed to be converted into a single family dwelling/house of approximately 4.1 feet. The property is located in the Lakefront Residential District, Tax Parcel No. 21.-2-14 ZBAF-23-1 Appeal of 924 Danby Rd, LLC Owner of 924 Danby Road, Ithaca, NY, 14850; Greg Tumbarello, agent; is seeking a determination if a group of unrelated individuals is a family, as defined by Town of Ithaca Code section 270-5 (Definitions). The property is located in the Medium -Density Residential Zone, Tax Parcel No. 40.-3-8 ZBAU-23-1 Appeal Cedar Rock Inc., Owner of 602 Elmira Rd.; Michael Lasell, Agent; is seeking relief from Town of Ithaca code 270-171.5 (Permitted uses). Town of Ithaca Code section 270-171.5 does not allow for a self -storage facility to be operated within the Inlet Valley Center overlay zone, where the applicant is proposing to construct a self -storage facility that is approximately 24,700 sq.ft. of gross floor area. The property is located in the Industrial Zone district and the Inlet Valley Center overlay zone, Tax Parcel No. 31.-3-4 MEETING OF THE TOWN OF ITHACA Zoning Board of Appeals April 17, 2023 Draft Minutes Present: Board Members David Squires, Chair; Chris Jung, Stuart Friedman, Mark Apker Connor Terry, and Kim Ritter Marty Moseley, Director of Codes; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:00 p.m. ZBAA-23-5 Appeal; Linda Ruth, owner, (David Lewis, Agent) 1057 Taughannock Blvd., TP 21.-2-14, Lakefront Residential zone seeking relief from Town of Ithaca Code section 270-46(C) (Yard regulations) 21.-2-14 for a proposal to convert an existing garage into a single-family dwelling/house. The garage is in the side -yard setback (facing the southern property lot line) and the request is to maintain the existing footprint which would result in a setback of approximately 4. V feet when the garage is converted to a residence, where 20' feet is required. The applicant was not present, and Mr. Squires opened the public hearing. Russell Maines spoke, saying that he is an attorney retained by Ms. Barr, the neighboring property owner at 1051 Taughannock Blvd. just this morning and asked that the appeal be postponed allowing time to review the details, adding that the notice was received Saturday and was very sparse in details. (Attachment 1) David Lee spoke, saying that he is a neighbor within 500 feet and although he doesn't have an opinion on the appeal, a setback of 4' feet is pretty minimal, and he was wondering how that ever even happened as a setback is usually intended to be a buffer. If he were a neighbor, he would be concerned about such a small setback if he were an immediate neighbor. Mr. Squires closed the public hearing. Discussion Mr. Squires stated that the previous resolution and findings show the concerns of the neighbor, and the variance was granted. The footprint remains the same, with changes in the layout of the garage, but the footprint is the same as approved by this Board. He was in favor of approving the appeal under the same Findings as in 2021, unless someone would like to adjourn until the applicant was present and the neighbor's representative has requested time to look at the details of the request. Mr. Friedman asked if the neighbor notification is a legal requirement. ZBA 2023-04-17 (Filed 4/21) Pg. 1 Mr. Moseley responded that the legal notice in the local newspaper is the legal requirement, along with the orange posted sign on the property to alert neighbors. The neighbor notification is a courtesy. It was noted that the notice of public hearing and the full packet is and was available on the Town's website. Mr. Squires moved to adjourn the appeal until the next meeting, seconded by Ms. Jung, unanimous. • ZBAF-23-1 Appeal of 924 Danby Rd, LLC, Owner, (Greg Tumbarello, Agent), 924 Danby Road, MDR, TP 40.-3-8, seeking a Determination if a group of unrelated individuals is a "family," as defined by Town of Ithaca Code section 270-5 (Definitions). Mr. Squires noted that the property has been issued a Notice of Violation by the Code Enforcement Department. Mr. Tumbarello stated that that was true, but he would like to request an adjournment to the next meeting because he hadn't had time to gather supporting documentation from the tenants due to bereavement leave. Mr. Squires opened the public hearing. Mr. Kasmir spoke, saying that he and the three students in the audience live at the address and new nothing about this issue and only found out after the Notice of Violation was put on their door. He said it was his understanding that Modern Living Rentals wished to classify them as a "family" and it was his understanding that a "family" had to have two people that were related, or all expenses are shared and activities they do are done as a "family." Ms. Brock and Mr. Apker explained the definition of a "family" under the Town Code and went through the determining factors for Mr. Kasmir. There were audio issues which were being addressed, but disruptive. Board members and Ms. Brock asked clarifying questions of Mr. Kasmir. Mr. Kasmir stated that they were not a "family" because other than each paying rent, nothing on that list applies to us. We buy and prepare our own food, most of the time; we are not on each other's financial institutions and have our own banking accounts and do not share each other's expenses in any way other than rent and utilitiies. There is one car, and it is mine, and we do not share it. We are all students and will not live there indefinitely and will not live there or together next year. ZBA 2023-04-17 (Filed 4/27) Pg. 2 Mr. Tumbarello stated that the occupants had signed a group lease. There was no one else wishing to speak and the public hearing was closed. Ms. Brock questioned Mr. Tumbarello regarding the assertions and answers in the submitted application, noting that many seemed to be outright false, such as the assertion that he had spoken with the tenants. Mr. Tumbarello stated that there are two units at this property, and he was attempting to help the tenants be permitted to stay through their lease and he was unfamiliar with the Town Code, as this is the only property he manages in the Town. Ms. Brock responded that that support was done through false information, such as the answer of "yes" regarding speaking with the tenants, which has been refuted here tonight by said tenants. Mr. Tumbarello responded that he was not referring to the tenants of the lower -level apartment, but the upper -level apartment, which he had spoken to. Ms. Brock asked who his answers applied to on the application. Mr. Tumbarello stated that he was talking about 4 people living in Unit 1 who have lived there for many years but their circumstances have recently changed; and then there are 4 people living in Unit 2. Mr. Moseley explained the maximum number of people that could live in a two-family dwelling where the primary dwelling unit has a maximum of 1 family and no more than 1 boarder, and where the accessory unit can be no more than 1 family. Ms. Brock went into more detail and noted that if the people as described are all un-related, the maximum allowed would be 5 people; 3 in one unit and 2 in another. Mr. Tumbarello responded that he had been applying for the property as a whole and conceded that it is over capacity, and he did not realize the hearing would happen so quickly and has not had time to speak with the tenants from Unit 1 and he felt that they live as a family. Ms. Brock asked him if he had asked each of the criteria questions within the Code regarding this issue, to which Mr. Tumbarello only responded yes to the question regarding eating together. Mr. Apker asked whether he had seen driver's licenses and permanent addressed on the application and Mr. Tumbarello responded that that was kept at the office, and he hadn't compiled the data. Discussion followed on whether to act on the appeal or adjourn to give more time to the applicant to supply information to the Board regarding the criteria. ZBA 2023-04-17 (Filed 4/21) Pg. 3 The applicant wanted more time, but the Board felt they had received enough information from the speakers tonight and as this was a referral from the Codes Department and not from the owner or tenants, this is a Determination by the Board and not a variance where the Applicant has the opportunity to request an adjournment or withdrawal. Ms. Brock noted that any enforcement of the Code by the Code Enforcement Department is stayed until this process is completed. ZBA Resolution ZBAF-23-1 Determination of a Group as a Family 924 Danby Rd, TP 40.-3-8 Resolved that this Board makes the determination that the occupants of both Unit 1 and Unit 2 of 924 Danby Road do not meet the definition of "Family" using the criteria in Town of Ithaca Code 270-5 Definitions, specifically: That the definition of a "Family" is The group is one which in theory, size, appearance, and structure resembles a traditional family unit: a. For Unit 1, the applicant provided no information to support the resemblance of a traditional family unit, and b. For Unit 2, the occupants denied living as a traditional family unit as described, and 2. The group is one which will live and cook together as a single housekeeping unit: a. For Unit 1, the applicant stated that one of the four occupants stated that they cooked and ate together, and b. For Unit 2, the occupants stated that they rarely ate together as a group, and 3. The group is of a permanent nature and is neither merely a framework for transient nor seasonal living, (including an academic year) a. For Unit 1, no information was provided by the occupants of Unit 1 and the occupants of Unit 2 denied: i. Having lived together in the past; intending to live together in the future; no joint financial agreements, tax returns, motor vehicle registrations; no children enrolled in local schools; no employment in the area and no other factors that would reasonably be related to whether or not the group of persons is the functional equivalent of a traditional family, and ii. The Units are rented "furnished" and therefore no joint ownership of same Moved: David Apker Seconded: Stuart Friedman Vote: ayes — Apker, Friedman, Terry, Jung and Squires - Unanimous ZBA 2023-04-17 (Filed 4/27) Pg. 4 ZBAU-23-1 Appeal ol'Ce(hrr Rock Inc., Owner, 602 Elmira Rd., "I'll 31 A4, Industrial Zone and Inlet Valley Center Overlay District, seeking relief rain Town of Ithaca Code 270-171,5 Perriuftd uses to construct a self -storage facility with approximately 24,700 sq.ft. of rocs floor area within the Inlet Valley Center Overlay Zone, where tire use, is not permitted. Michael L,asell, Agent gave as detailed presentation with descriptions of the design, layout, topography and parcel restrictions associated with the project. Ofnote was the layout mitigating the view, from the road of the additional storage buildings (Inc to the topography of the parcel and the limitations of the useable area of the parcel due to easements, topography and drainage. Ms. Brock went through the Use Variance criteria in detail, noting that New York State requires that each and every criteria be triet, not a balancing test type ot'determination. The Board and applicant focused on the "financial hardship" or "reasonable rett,1111" and which ofthe many use that are permitted under current zoning could be dismissed as not applicable to the parcel due to the restraints of size, topography, easements and most importantly, NYS D01' will not issue a curb cut or second ingress/egress point. The applicant ASO ft)CUscd on the Innited inipact on traffic the proposed use would have as there would be very few people working there and sporadic CUstonier use and almost certainly, not during the heaviest traffic tinies associated with other uses that are permitted but neat suitable for the location. The Board gave some itiput on the types Of dOCUrnentation they would like to see under the 11rcasonable return" criteria. The applicant requested the appeal be adJourned to the next rno.,,eting to give their tune to ather the requested information, the Board agreed. Motion by Mr. Squires to adJOUrn the appeal to n(:) later than the June meeting, seconded by Mr. Al, ker, unanimous. Subriu, + Iyau ette I osa, To", n Clerk ZBA 2023-04-17 (Filed 4/21) Pg. 5 Attachment I E joe(,,� i thaca. legal Dire& (607) 223-2879 fawn offthaca Zoning Board of'Appeals 215 Norffi'fioga Street fthaIca, Ne\v York 14850 417 Nordi Cayuga Street lthacii, New York 1,4850 MAIN LINF ': (607) 200-3707 F'ax- (607) 241-9942 April 17., '2023 RL Appeal 4ZBAA-23-5 Linda Ruth.,, 1057'FaUghannock III\/& Dear Board Menibers- 'li"" "o r aaaaar(taaatha ca,legal � represent Joy Barr, in her capacity as co -trustee ofthe Joy L, Barr Revocable 'TrLlSt, "HIC, Barr Trust owns adjacent property at 1051 Taughannock BOLdevard. We \,vish to be hcard in opposition to the area variance application, \vhich is scheduled to be heard at tonight's ineeting. 'I"he niatter should be postponed. 'I he noflce of hearing was ex1reniely sparse and void of detail. Ms. Barr infornis nie, that she receivt,,d the notice on Saturday, April 15, 2023; and that it purportedly \vas inailed on April 12, She and p have had insufliclient finie to review thc application. Secondly, Lhe requested variance is substantial. According to the n()fice, lite zoning legislation requires a setback of'20 feet, The notice apparently states that the requested setback, is 4.1 feet -- that is, roughly 201N) ofthe required setback distance. '11')OUt Trdlhsisa)hfcfY Apparently,thestructurehadbeell Used as a garage Since that tirne, and perhaps befiNe. he applicant aacacpa ired the property with knowledge of'O'w restriction, Fourthly, the detriryient to the neighborhood OUtvveighs the benefit lo the applica"L The setting is a pastoral lakeside area cnljoyed by fiatifflies. "I he 13oard should considff that with the change ofuse, prot'aIenis assoc rated wrlh closc, prox4r6ty hkt.'1y NOl increase, 0 We thank the Board for consideration of* these matters. Resi-)ectfu � ly, ALLEN & MAINES Ru5sd E. )ite: 20B 0417 Mah'ies � 736�06 04'00' ll.y: Russell F". Maines, 3/21/23, 9:19AM AliTown of Ithaca `F ZBAA-23-5 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 3/10/2023 ZBAA-23-5 Primary Location 1057 Taughannock Blvd Ithaca, NY 14850 Internal Only -Review Tax Parcel No. Is Engineering Dept. approval required? Is a GML-239 Review Required? No Type of Variance Area Variance Appearance Date for Variance Legal -Language for Variance Request Variance(s) Granted with Conditions? 3/21/2023 Applicant 41 Aft David Lewis 917-517-5288 david@ltlarchitects.com 11 Broadway Suite 1530 New York, NY 10004 Is Planning Dept. Approval Required? No Is Engineering Dept. Approval Required? 0 Applicant ready to re -appear? Appearance Date for Variance 04/16/23 https://ithacany.viewpointcloud.io/#/explore/records/28136/react-form-details/28136 1 /12 3/21/23, 9:19AM Variance Code Language ZBAA-23-5 Additional Meeting is List Conditions: Meeting Result Variance Code Section Internal Tasks to be Completed Show Internal Task to be Completed By Meeting Result (First Appearance) Legal Language Write-up Public Hearing Notice Was Sent Neighbor Notification Letters Were Sent Public Hearing Notice Sent Neighbor Notification Letters Sent Material Packets Sent to ZBA Members Date Materials for GML-239 Sent Date Sign Was Picked -up Material Packets Sent to ZBA Members Sign Pick-up https://ithacany.viewpointcloud.io/#/explore/records/28136/react-form-details/28136 2/12 3/21/23, 9:19AM ZBAA-23-5 Historical Only Address affiliated with request Status IMPORTANT: You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form. Applicant's Information Applicant is* Is the primary point of contact for Architect application different than the applicant?* No New Field If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. https://ithacany.viewpointcloud.io/#/explore/records/28136/react-form-details/28136 3/12 3/21/23, 9:19 AM ZBAA-23-5 Description Brief Description of Variance Request* The following is a request for reinstating a variance in regard to the proposed transformation of an existing garage into a small residence at 1057 Taughannock Blvd owned by Linda Ruth. The Town of Ithaca approved this variance request on June 8, 2021, as number 011-2021. This variance has now expired, and this application is to renew this variance. The proposed project is identical to the one submitted in April 2021, occupying the same footprint and location, with one change. That change rotates the roof 90-degrees, simplifying the roofline, and redirecting windows to not overlook the neighboring property, while maintaining the same proposed roof height of 21 feet. Description of the Project (from 5/2021)- The existing garage with concrete foundation sits close to the property line (4'-l" — see survey by TG Miller from 5/15/2018). The owner seeks to convert this garage on the existing foundation into a dwelling and add a deck to the east. This existing footprint does not meet the required side -yard set backs of 20'-0" as required by the Town of Ithaca Zoning regulations for Lakefront Residential Zone. (270-46). https:llithacany.viewpointcloud.iol#lexplorelrecordsl281361react-form-detailsl28136 4/12 3/21/23, 9:19AM ZBAA-23-5 The variance request is to allow for the use of this foundation and footprint for the conversion of this garage into a residence, thus using the existing concrete foundation in its current state. The property had a primary residence which was taken down in 2019. As such, this conversion of the garage means that the guest house will be the primary residence. It is under 800 sq. ft. but above 300sq ft. The owner seeks Special Approval for Area Variance. Area Variance Criteria Form A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* we Reasons: This is a conversion of an existing garage, one of two on the property, and thus a redundant garage. The proposed improvement enhances the character of the neighborhood by improving the garage. No expansion to the existing conditioned building footprint is anticipated. https://ithacany.viewpointcloud.io/#/explore/records/28136/react-form-details/28136 5/12 3/21/23, 9:19 AM ZBAA-23-5 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: The goal is to reuse the foundation and framing material and investment in the existing garage structure in converting this existing structure to a new use. Moving this garage is not feasible to meet the setback. 3. Is the requested variance substantial?* Reasons: The request does not change or expand the footprint of the existing structure. The requested variance is to allow for the conversion of a garage into a small guest dwelling, reusing the resources already invested in a redundant garage to serve as the basis of an inhabitable structure. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No As a conversion of an existing structure, the project does not have an adverse impact on the neighborhood. It is an improvement of a garage structure and an enhancement of the property. 5. Is the alleged difficulty self-created?* No https:llithacany.viewpointcloud.iol#lexplorelrecordsl281361react-form-detailsl28136 6/12 3/21/23, 9:19 AM Reasons: ZBAA-23-5 The request pertains to an existing structure. Other than the self- created condition of the owner seeking to change its use, the difficulty of proximity to the property boundary is not self-created, as it is a historical condition of the location of the garage close to the side yard property boundary. The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first -come first -serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Meeting Date 0 David J. Lewis 04/17/2023 Mar 10, 2023 https://ithaca ny. viewpoi ntdo ud. ioffl/explore/records/281 36/react-form-detai Is/281 36 7/12 3/21/23, 9:19 AM ZBAA-23-5 Date 3/10/2023,4:14:13 PM 3/10/2023,4:14:13 PM 3/13/2023, 7:38:02 PM 3/14/2023,3:35:11 PM 3/15/2023, 11:09:00 AM 3/15/2023, 11:16:50 AM 3/15/2023, 11: 17:0 6 AM Activity inspection step Application In -take Reviewwas assigned to Lori Kofoid on Record ZBAA-23-5 changed the deadline to Mar 12, 2023 on inspection step Application In -take Review on Record ZBAA-23-5 Lori Kofoid changed Tax Parcel No. from "" to "21.-2-14" on Record ZBAA-23-5 Code Enforcement Permit Email added attachment 6.8.21 ZBA Minutes and Resolution.pdf to Record ZBAA-23-5 Code Enforcement Permit Email added attachment 0011-2021 ZBA Packet 1057 Taughannock Blvd.pdf to Record ZBAA-23-5 Code Enforcement Permit Email altered inspection step Application In -take Review, changed status from Active to Complete on Record ZBAA-23-5 Code Enforcement Permit Email changed Is Planning Dept. Approval Required? from "" to "No" on Record ZBAA-23-5 Code Enforcement Permit Email changed Is 3/15/2023, Engineering Dept. Approval Required? from "" to "No" 11: 17:18 AM on Record ZBAA-23-5 Code Enforcement Permit Email changed Is a GML-239 3/15/2023, Review Required? from "" to "No" on Record ZBAA-23- 11: 17:21 AM 5 Code Enforcement Permit Email changed Type of 3/15/2023, Variance from "" to "Area Variance" on Record ZBAA- 11: 17:27 AM 23-5 Code Enforcement Permit Email changed Appearance 3/15/2023, Date for Variance from "" to "04/16/23" on Record 11: 17:40 AM ZBAA-23-5 3/16/2023, completed payment step Payment on Record ZBAA- 10:06:42 AM 23-5 inspection step Review - Code Enforcement/Zoning 3/16/2023, Dept.was assigned to Marty Moseley on Record ZBAA- 10:06:43 AM 23-5 https://ithaca ny. viewpoi ntdo ud. ioffl/exploreftecords/281 36/react-form-detai Is/281 36 11/12 3/21/23, 9:19AM ZBAA-23-5 Date Activity approval step Notice Pick-up (You will be emailed again 3/16/2023, when ready)was assigned to Lori Kofoid on Record 10:06:43 AM ZBAA-23-5 3/17/2023, Code Enforcement Permit Email added Meeting Date 2:53:42 PM to Record ZBAA-23-5 Timeline Label Activated Completed Assignee Due Date Payment 3/15/2023, 3/16/2023, David - 11:16:51 AM 10:06:42 AM Lewis Application In- 3/10/2023, 3/15/2023, Lori 3/11/2023 take Review 4:14:13 PM 11:16:50 AM Kofoid Notice Pick-up 3/16/2023, Lori (You will be emailed 10:06:43 - - Kofoid again when ready) AM 91 Review - Code 3/16/2023, Marty Enforcement/Zoning 10:06:43 - - Moseley Dept. AM 1I18,0 Zoning Board of Appeals Meeting �N Issuance of Meeting Result https://ithacany.viewpointcloud.io/#/explore/records/28136/react-form-details/28136 12/12 10 March 2023 Town of Ithaca 215 Tioga Street Ithaca, NY 14850 To whom it may concern: I, Linda Ruth, owner of 1057 Taughannock Blvd, give permission to my daughter, Jonsara Ruth, and David J. Lewis (architect), to be acting agents of my property in regard to zoning and building permit submittals for work at 1057 Taughannock. Sincerely, Linda Ruth (607) 273-4314 LT ARCHITECTS Lewis Tsurumaki Lewis To: Town of Ithaca From: David J. Lewis/Jonsara Ruth on behalf of Linda Ruth Re: 1057 Taughannock Zoning Variance Request Narrative Date: March 10, 2023 Dear Town of Ithaca Zoning Board of Appeals, The following is a request for reinstating an area variance in regard to the proposed transformation of an existing garage into a small residence at 1057 Taughannock Blvd owned by Linda Ruth. The Town of Ithaca approved this variance request on June 8, 2021, as number 011-2021. This variance has now expired, and this application is re-activate/re-instate this variance. The proposed project is identical to the one submitted in April 2021, occupying the same footprint and location, with one change. That change rotates the roof 90-degrees, simplifying the roofline, redirecting windows to not overlook the neighboring property, while maintaining the same proposed roof height of 21 feet. Description of the Project (from 5/2021): The existing garage with concrete foundation sits close to the property line (4'-l" — see survey by TG Miller from 5/15/2018). The owner seeks to convert this garage on the existing foundation into a dwelling and add a deck to the east. This existing footprint does not meet the required side -yard set backs of 20'-0" as required by the Town of Ithaca Zoning regulations for Lakefront Residential Zone. (270-46). The variance request is to allow for the use of this foundation and footprint for the conversion of this garage into a residence, thus using the existing concrete foundation in its current state. LTL Arclhlecls, II'':"IL.LC 11 Broadway, Suite 1530 New York, NY 10004 t.212.505.5955 LT ARCHITECTS Lewis Tsurumaki Lewis To: Town of Ithaca From: David J. Lewis/Jonsara Ruth on behalf of Linda Ruth Re: 1057 Taughannock Zoning Variance Denial Letters Date: March 10, 2023 Dear Town of Ithaca, Please find two letters of denial from Code Enforcement referring the project to the Zoning Board of Appeals. 1. 4/22/2021 - Denial Letter from Jessica Hull, submitted and reviewed on June 8, 2021 when the initial variance was granted. 2. 3/3/2023 — Notification from Town of Ithaca that the variance had expired and requiring a resubmittal to the Zoning Board of Appeals. LTL Arclhlecls, II'':"IL.LC 11 Broadway, Suite 1530 New York, NY 10004 t.212.505.5955 Please use this as the denial letter for owner Linda Ruth's daughter Jonsara Ruth's application requesting area variance at 1057 Taughannock Boulevard. Applicant is requesting area variance for a proposed renovation/conversion of the existing garage convertedintoaone-hamilydwe||in8.Due1oseciionZ7O-46['"YardRegu|a1ions"mfTownCode, requires aminimum mfa3Ofoot inwidth side yard setback. According 1oatopographic map of1OS7 Taughannock Blvd. the south/west side corner of existing garage is at a distance of 4.1 feet from side yard lot line. That results in the property existing as, 270-205(A) Nonconforming structures, per Town Code. Parcel Z1,2-14property iazoned Lakefront Residential (LR). Jessica Hull Electrical/Code Enforcement Officer TOWN 0F|THACA Z15N.TiogaStreet Ithaca, NY14O5O David J. Lewis From: Town of Ithaca <noreply@viewpointcloud.com> Sent: Friday, March 3, 2023 12:08 PM To: David J. Lewis Subject: Message received about 1057 Taughannock Blvd, Linda Ruth Town of Ithaca Code Enforcement Permit Email commented on Code Dpt. Administrative Review: "Hi Jonsara, Unfortunately Jess is out ill today. I would hold off on the items I listed above. Jessica said that the variance has expired and you Message: will need to apply for the variance again. i am not clear on whether you need to apply for this permit now or after the variance board grants the variance. So 1 want to clarify before we go full force on your application. Let's touch base on Monday.Thanks,Lori" Where: 1057 Taughannock Blvd, Linda Ruth Type: TOI - General Building Permit Application Number: BLD-23-37 go v I 0 i w LLI w wQUio H wwwwwwwwwwwwwwww w LLI d Z J LLI r W ZWDCL � -iZ �O ~ O O Z IrUXZ) > WOUJ O Q Lu � ti LL< LOW Of C/) gzHW LL -jXQ Dzu)U = WOof Z wZ0OQ?LuU)Lu Qd� O_ z 0— U U Q m Z Q 5 0- of d U OzQP:Qf! 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W z xs _OU) ~X Q N D Z (n W Z w IM ' U) H U) O O O J LL O W X N d Z w w Ld WO m Co Q <O Y LL OU) m � d W J = W w d w U Y Ofw06 W �� O p <z0 d< Q OfJU` -J Z Z o = w w o0 w �-Ofof O = C) > w D LL (n U) ofJp W W W - Of N U O C14 Z:z0U)U) =W UO ZOLL W 75 ~ rn ry O ry w x w w O O U) c O a� w O W X w O r-)LL z �O ZLU QOw �ry m� ��� ~ z < 00 wT� �cn zacn O O J O (!J � cv CD O Q— O Z O 0— O o 0■ 1 D 'O V J c1 G O O ry 2 /Q W Z O Q w J w Z r 00 Cl) 1 0 RE 1 Q � L _ _ _ _ v o \ / N O N \ / N "0 iG z m v 7 O n co M U) W 0 H W 0 U)Q Z W ry = Q 0' W W a U) 0- U) only the corners of the structure, not the full width or full length will encroach into the side yard setbacks, and 3. That the request is not substantial, given that 40'ft is required and 35'ft is requested and only the corners will encroach as stated above, and 4. The house will not have any environmental effects as evidence by no SEQR review being required, and 5. That although the alleged difficulty is self-created in that the applicants wish to build on the lot, nevertheless, the benefit to the applicant does outweigh any detriment to the neighborhood or community for the reasons stated. Moved: Rob Rosen Seconded: David Squires Vote: ayes — Rosen, King, Jung, Vignaux and Squires 011-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., TP 21.-2-14, LF, seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage into a single-family dwelling/house. The applicant is proposing to retain the existing 4.1' foot side yard setback after converting the garage to a house. David Lewis, Architect, gave an overviewing, saying that it would be the only structure on the property as the former house was demolished. The existing garage has a concrete basement and it will be a small guest house. The intent is to not disturb any existing landscaping or the existing viewshed. He added that Indian Creek gorge is about 150' feet away from the proposed converted structure. Mr. Squires asked if this was the garage that is right on the road and Mr. Lewis responded that it was not, it was further down the lot. There are two garages on the property. Mr. Squires asked if the proposed garage is the same style as the one near the road and Mr. Lewis shared his screen to show the picture of the garage in question. Mr. Rosen asked about the house that was demolished, and how that avoided a primary structure on the lot. Mr. Moseley responded that he did not know the history but would look at that. Mr. Rosen said then it would not be an accessory dwelling unit and the applicants responded that was correct. Mr. Rosen said he doesn't see what is being saved here when only the foundation is going to remain and all the utilities and such will cause disturbance. Mr. Lewis responded that they are going to try and preserve the studs and foundation and anything else that can be salvaged and not impact the surrounding landscaping. ZBA 2021-06-08 (Filed 7/23) Pg. 3 Mr. King stated that he did a site visit, and he thinks this idea will be a lot less impactful than trying to build new. The foundation and asphalt is in good shape and there is quite a bit of work that has already been done to establish a flat area and trying to place something new would be a much greater impact. Ms. Brock asked if the height of the new building would be taller, and Mr. Lewis responded that the height would increase from about 1.6' ft to 20' or 2 1 ' ft and the roof line will change because the existing isn't attractive but that is open to discussion. Mr. Rosen opened the public hearing at 6:34 p.m. There was no one present, and Mr. Rosen discussed the two emails received. The State Parks had no concerns, and the neighbors did have concerns. Ms. Brock noted that no SEQR is required for the reasons stated in Mr. Moseley's memo. Discussion Mr. Vignaux stated that he did a site visit today and he doesn't see how it will impact Ms. Barr as this house is going to be located under a swale and is well on the other side of the gorge, 150' ft as stated by the owner, and her lot is huge. Mr. King stated that he didn't think Ms. Barr could see this house. Mr. Vignaux agreed, saying she would have to walk quite a way to get a glimpse, her lot is over 6 acres. Mr. Moseley shared the County GIS overview of the lots with the stream depicted. The image showed the previous, very large house that has been demolished. Mr. Squires said he was very supportive as they are repurposing a current structure and it will be the only home on the site. Ms. Jung agreed, saying she was very happy they were reducing the size of what had been there by removing and not rebuilding the large home. Mr. Williams and Mr. Filiberto agreed with the rest of the Board and did not understand the comments against the project as this will not crowd the neighbor or the neighborhood. ZBA Resolution 011-2021 Area Variance 1.057 Taughannock Blvd., TP 21: 2-14, LF June 8, 2021 Resolved that this Board grants the appeal of Linda Ruth, owner of, seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage ZBA 2021-06-08 (Filed 7/23) Pg. 4 into as single-fiamily d\veIfing/hOLISC. Fhe applicant is proposing to) retain the existing 4A, lbol sidc yard setback after converting the garage to as house, with the l"ollowing 1. That the proJect be built substantially as submitted to this Board, and I That the side setback, be no less than 4A * F1, in([ with the following Findings That the benefit to the applicant does outweigh any detriment w the health, safety and welt'arc of the community, specifically: 1. That the benefit the applicant wishes tar achieve cannot be achieved by any other means tcasible given the intent is to reuse the existing foundation, and I There will not be an undesirable change t(.,) the neighborhood character or detriment too nearby properties given that this is converting an existing building with minimal increase in height and the neighboring residence is approxii-nately 288 ft away an(,[ separated by a gorge and not visible ttorn the hOLISe t() the south given the topography. and distance between houses. and I That the request is substantial, given that. 2()*tl is required and 4. 1' ft is requested. and 4. The 11OLIse will not have any environmental 01'ects as evidence by no SEQR review being required and that the proposal is to reuse/convert an existing structure to habitable space, and 5. That althOUgl) die alleged ditficultY is self-created in that the applicants wish to convert and existing building which encroaches on the setback rather than build elsewhere on the lot, nevertheless, the benefit to the applicant does outweigh any detriment to the, neighborhood or community f'(,)r the reasons stated. Moved- Rob Rosen Seconded- Chris 4lung Vote: ayes Rosen, King, ;lung, Vignaux and Squires Mr. Moseley gave a quick owerview,, ol'appeals conning up, Meeting was ad ourned upon motion by Mr. Rosen, seconded by Ms. Jung, unanimous. Submio by Paulette Rosa, Town Clerk 1.13A 2021-06-08 (1, iled 7/23) Pg. 5 Town of Ithaca Zoning Board of Appeals Tuesday, June 08, 2021 @ 6:00 p.m. 215 N. Tioga St. 0011-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., Tax Parcel No. 21.-2-14, is seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage into a single-family dwelling/house. Town of Ithaca Code section 270-46 (C) requires a side yard setback (measured from a side yard property lot line) of 20 feet, where the applicant is proposing to convert an existing garage into a single-family dwelling/house which would be located within the side yard setback (facing the southern property lot line). The applicant proposes to maintain the existing southern property side yard setback, measured from the southern property lot line, to the existing garage that is proposed to be converted into a single family dwelling/house of approximately 4.1 feet. The current property is located in the Lakefront Residential District. Town of Ithaca Zoning Board of Appeals Tuesday, June 08, 2021@ 6:OOpm MINUTES Due to public health and safety concerns relating to COVID-19, and in accordance with the Governor's Executive Order 202.1, this meeting was held by video conferencing through the Zoom app. Present: Rob Rose, Chair; Members Chris Jung, Bill King, George Vignaux, and David Squires Alternates David Filiberto and David Williams Marry Moseley, Director of Codes; Becky Jordan, Deputy Town Clerk and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6p.m. 0010-2021 Appeal of Edward Mabaya and Krisztina Tihanyi, owners, 208 Eldridge Cir, TP 46.-1-15.47, LDR, seeking relief from Town of Ithaca Code section 270-60 (C) (Yard regulations) to construct a new single-family dwelling with an approximately 35' ft side yard setback on both sides where 40' ft is required. Ms. Tihanyi gave an overview, noting that her architect, Ms. Bartholomew was also present for any questions. She said the slope was the determining factor and the proposal is a single story with walkout basement and placed to allow for the garage and house to work within the slope. Ms. Bartholomew added that they are trying to avoid a wet spot and it will not be the entire house encroaching into the setbacks, but just a corner on each side. Mr. Rosen asked if the house is tilted so the walkout basement is at the bottom of the slope and that is the placement reason? Ms. Bartholomew responded that is correct, and the wet spot and fitting the access to the garage. She added that it is really hard to measure on that slope so the 5' foot request is really for a buffer and might be slightly less. Mr. Squires stated that he drove by and the neighboring house is far away and this request shouldn't impact anyone and is minor. Mr. Vignaux agreed, saying the encroachment is negligible and the whole body of the house isn't over the line which further mitigates the request. Mr. King wanted to know where the "wet spot" is. Ms. Tihanyi and Ms. Bartholomew responded that when they built the road, they pushed dirt onto the lot and changes the drainage and it may be worked out after we build, but there is no guarantee. It is over near the garage. ZBA 2021-06-08 (Filed 7/23) Pg. 1 Ms. Tihanyi added that the neighbor the right, there garage is almost on the property line. The Board looked at the survey map to determine where the wet spot was and the neighbors garage, and Mr. Moseley shared his screen to show the drawing. The Board was satisfied with depiction and description. Mr. Rosen opened the public hearing at 6:15 p.m. There was no one wishing to speak and the hearing was closed. Mr. Rosen noted that SEQR is not required as a Type 2, single family house. Mr. Rosen noted for the record that Taitem. Engineering is the stamp on the survey, but he was not involved or aware of this project. Mr. King stated the same. Both stated that their would be no impact on them or their jobs if they were to vote against this project with the Taitem Engineering involvement. Ms. Jung and Mr. Filiberto felt the request was minor and fits the neighborhood and the unique circumstances described by the owner and architect make sense. ZBA Resolution 001.0-2021 Area Variance 208 Eldridge Cir TP 46.-1-15.47 June 8, 2021 Resolved that this board grants the appeal of Edward Mabaya and Krisztina Tihanyi, owners, 208 Eldridge Cir, TP 46.-1-15.47, LDR, seeking relief from Town of Ithaca Code section 270-60 (C) (Yard regulations) to construct a new single-family dwelling with an approximately 35' ft side yard setback on both sides where 40' ft is required, with the following Conditions 1. That the project be built substantially as submitted to this Board, and 2. That the side setbacks be no less than 34.5' feet on either side, and with the following Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the lot is triangular and contains a steep slope, and 2. There will not be an undesirable change to the neighborhood character or detriment to nearby properties given that this is a single-family house similar to existing homes and ZBA 2021-06-08 (Filed 7/23) Pg. 2 only the corners of the structure, not the full width or full length will encroach into the side yard setbacks, and 3. That the request is not substantial, given that 40'ft is required and 35'ft is requested and only the corners will encroach as stated above, and 4. The house will not have any environmental effects as evidence by no SEQR review being required, and 5. That although the alleged difficulty is self-created in that the applicants wish to build on the lot, nevertheless, the benefit to the applicant does outweigh any detriment to the neighborhood or community for the reasons stated. Moved: Rob Rosen Seconded: David Squires Vote: ayes — Rosen, King, Jung, Vignaux and Squires 01.1-2021 Appeal of Linda Ruth, owner of 1057 Taughannock Blvd., TP 21.-2-14, LF, seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage into a single-family dwelling/house. The applicant is proposing to retain the existing 4.1' foot side yard setback after converting the garage to a house. David Lewis, Architect, gave an overviewing, saying that it would be the only structure on the property as the former house was demolished. The existing garage has a concrete basement and it will be a small guest house. The intent is to not disturb any existing landscaping or the existing viewshed. He added that Indian Creek gorge is about 150' feet away from the proposed converted structure. Mr. Squires asked if this was the garage that is right on the road and Mr. Lewis responded that it was not, it was further down the lot. There are two garages on the property. Mr. Squires asked if the proposed garage is the same style as the one near the road and Mr. Lewis shared his screen to show the picture of the garage in question. Mr. Rosen asked about the house that was demolished, and how that avoided a primary structure on the lot. Mr. Moseley responded that he did not know the history but would look at that. Mr. Rosen said then it would not be an accessory dwelling unit and the applicants responded that was correct. Mr. Rosen said he doesn't see what is being saved here when only the foundation is going to remain and all the utilities and such will cause disturbance. Mr. Lewis responded that they are going to try and preserve the studs and foundation and anything else that can be salvaged and not impact the surrounding landscaping. ZBA 2021-06-08 (Filed 7/23) Pg. 3 Mr. King stated that he did a site visit, and he thinks this idea will be a lot less impactful than trying to build new. The foundation and asphalt is in good shape and there is quite a bit of work that has already been done to establish a flat area and trying to place something new would be a much greater impact. Ms. Brock asked if the height of the new building would be taller, and Mr. Lewis responded that the height would increase from about 1.6' ft to 20' or 2 1 ' ft and the roof line will change because the existing isn't attractive but that is open to discussion. Mr. Rosen opened the public hearing at 6:34 p.m. There was no one present, and Mr. Rosen discussed the two emails received. The State Parks had no concerns, and the neighbors did have concerns. Ms. Brock noted that no SEQR is required for the reasons stated in Mr. Moseley's memo. Discussion Mr. Vignaux stated that he did a site visit today and he doesn't see how it will impact Ms. Barr as this house is going to be located under a swale and is well on the other side of the gorge, 150' ft as stated by the owner, and her lot is huge. Mr. King stated that he didn't think Ms. Barr could see this house. Mr. Vignaux agreed, saying she would have to walk quite a way to get a glimpse, her lot is over 6 acres. Mr. Moseley shared the County GIS overview of the lots with the stream depicted. The image showed the previous, very large house that has been demolished. Mr. Squires said he was very supportive as they are repurposing a current structure and it will be the only home on the site. Ms. Jung agreed, saying she was very happy they were reducing the size of what had been there by removing and not rebuilding the large home. Mr. Williams and Mr. Filiberto agreed with the rest of the Board and did not understand the comments against the project as this will not crowd the neighbor or the neighborhood. ZBA Resolution 011-2021 Area Variance 1.057 Taughannock Blvd., TP 21: 2-14, LF June 8, 2021 Resolved that this Board grants the appeal of Linda Ruth, owner of, seeking relief from Town of Ithaca Code section 270-46 (C) (Yard regulations) for a proposal to convert an existing garage ZBA 2021-06-08 (Filed 7/23) Pg. 4 into as single-fiamily d\veIfing/hOLISC. Fhe applicant is proposing to) retain the existing 4A, lbol sidc yard setback after converting the garage to as house, with the l"ollowing 1. That the proJect be built substantially as submitted to this Board, and I That the side setback, be no less than 4A * F1, in([ with the following Findings That the benefit to the applicant does outweigh any detriment w the health, safety and welt'arc of the community, specifically: 1. That the benefit the applicant wishes tar achieve cannot be achieved by any other means tcasible given the intent is to reuse the existing foundation, and I There will not be an undesirable change t(.,) the neighborhood chk,,iracter or detriment too nearby properties given that this is converting an existing building with minimal increase in height and the neighboring residence is approxii-nately 288 ft away an(,[ separated by a gorge and not visible ttorn the hOLISe t() the south given the topography. and distance between houses. and I That the request is substantial, given that. 2()*tl is required and 4. 1' ft is requested. and 4. The 11OLIse will not have any environmental 01'ects as evidence by no SEQR review being required and that the proposal is to reuse/convert an existing structure to habitable space, and 5. That althOUgl) die alleged ditficultY is self-created in that the applicants wish to convert and existing building which encroaches on the setback rather than build elsewhere on the lot, nevertheless, the benefit to the applicant does outweigh any detriment to the, neighborhood or community f'(,)r the reasons stated. Moved- Rob Rosen Seconded- Chris 4lung Vote: ayes Rosen, King, ;lung, Vignaux and Squires Mr. Moseley gave a quick owerview,, ol'appeals conning up, Meeting was ad ourned upon motion by Mr. Rosen, seconded by Ms. Jung, unanimous. Submio by Paulette Rosa, Town Clerk 1.13A 2021-06-08 (1, iled 7/23) Pg. 5 TOWN OF 11HACA or 1P 215 N Ttcqa Street, ftf,wca, N le, 14850 10 E www,town thzw,a ny us CODE ENFORCEMENT MARIY MOSELEY, DIRECTOR ZBA 0011-2021 4�IYrcine (607h 273 1,783 R Vax (6(M 273 1704 codes@1oi,1vn ny us Zt nun Bcii'mJ F(,�Ml "wJ . .............. $150 rea, Sign, or CEA rwest Hcwne f kLMVnc DWnd SWe Flar*)4norhm muroupality Sprinkler Variance and Special Approval For �Offico Date Reco."ved Zmung INVnct $25,0 - Use Variance Please check all that applya Appfic;kAe Ser%oris of rcpw Code Area Varlance Use Vartance Slgn Variance Sprinkler" aariaancew Speciaf Approval (Only I fee is required per appearance, hIgher fee prevails) UNDEJ`611(3NE D resp(-',1dfiAy SLfbrnit tNs anal' bcafion requestHig an appearance befi)re the Zonmg Boara,J of Appeafs to irrf,, pi,,;uar'mtted to: At property addresw Tax Parcel No. as shown on 9ie attached suppcxting dmumerits As descripborr of ttmpmcfical dffltcuftics and unne�,,essary hardsNp arid/or, the Spe(,W ApprovM authorizatk)n request is as foHows(attach any ad6fionaY sheets as necessary): m ,h vj By fiting ths appkatN(m, q grant permssion fw members of the Town of Ithaca Zoning Roard of AppeaBs or Town staff ti!:) orter my pr(,)perty for aniy Ost!wctton(s) riecessary that are �n connecfion witmy appkabon PWNT NAME HERE: S�grrature of OwnerlAppellat*: d6r— Date� . .. ..... Signature of Agent, Date: Best phone nunriber for crsntacbn 2v'v number Email;, N01'E Your attendancre at the SBA Pwioetkng is stronWy advised - -------- - ------------------------------------------------------ Lo be com2leted bIA22licant I Owner/Appellant/Agent Name: Linda Ruth / Jonsara Ruth Address of Property Requiring Variance: 1057 Taughannock Blvd Tax Parcel No.: 503089 - 21-2-14 TEST: No area variance will be granted without consideration by the Board of the following factors: A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? Yes_ No= Reasons: This is a conversion of an existing garage, one of two on the property and thus a redundant garage. The proposed improvement enhances the character of the neighborhood by improving the garage. No expansion to the existing conditioned building footprint is anticipated. B. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? Yes_ No El Reasons: The goal is to reuse the existing framing, foundation and investment in the existing garage structure in converting this existing structure to a new use. Moving this garage is not feasible to meet the setback. C. Is the requested variance substantial? Yes_ No Reasons: The request does riot change or expand the footprint of the existing structure. The requested variance is to allow for the conversion of a garage into a small guest dwelling, reusing the resources already invested in a redundant garage to serve as the basis of an inhabitable structure. D. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? L Yes_ No© Reasons: As a conversion of an existing structure, the project does riot have an adverse impact on the neighborhood. It is an improvement of an garage structure and an enhancement of the property. E. Is the alleged ulty self-created? Yes_ Noe Reasons: The request pertains to an existing structure. Other than the self-created condition of the owner seeking to change its use, the difficulty of proximity to property boundary is not self-created, as it is a historical condition of the location of the garage close to the side yard property boundary. ZBA Appl. Use Variance REV January 2014 ULARCHITECTS Lewi0surumaki1ewis To: Town of Ithaca From David J. Lewis/Jonsara Ruth on behalf of Linda Ruth Re: 1057 Taughannock Zoning Variance Request Narrative Date: May 5, 2021 Dear Town of Ithaca Zoning Board of Appeals, The following is a request for an area variance in regards to the proposed conversion of an existing garage into a small residence at 1057 Taughannock Blvd owned by Linda Ruth. The existing garage with concrete foundation sits close to the property line W-1" — see survey by TG Miller from 5/15/2018). The owner seeks to convert this garage on the existing foundation into a dwelling and add a deck to the east. This existing footprint does not meet the required side -yard set backs of 20'-0" as required by the Town of Ithaca Zoning regulations for Lakefront Residential Zone. (270-46). The variance request is to allow for the use of this foundation and footprint for the conversion of this garage into a residence, thus using the existing concrete foundation in its current state. LTL Architects PLLC 11 Broadway, Suite 1500 New York, NY 10004 t.212,505,5955 Please use this as the denial letter for owner Linda Ruth's daughter Jonsara Ruth's application requesting area variance at 1057 Taughannock Boulevard. Applicant is requesting area variance for a proposed renovation/conversion of the existing garage conwertedintoaone4ami|ydweUing.Duetoseo|ion270-4S[^YardRegu|a1ions^ofTnwnCode, requires aminimum ofa2Ofoot inwidth side yard setback. According toatopographic map uf1O57 TauOhannockBlvd. the south/west side corner ofexisting garage isatadistance of4.1feet from side yard lot line. That results in the property existing as, 270-205(A) Nonconforming structures, per Town Code. Parcel 21,3-14property iszoned Lakefront Residential (LR). Jessica Hull Electrical/Code Enforcement Officer TOWN DF[THA[A 215N.TiogaStreet Ithaca, NY14OGO U o ~E = _ Q - 0 J - � J NoOn MOO trod ION z3 oa �>N w 0 0 a �z hw >a a Ho z toiltoil ------------------------------------------------------------------------------------- OO N l() FE J W O C� W C� aC �C aC CD 0 Z N ------------------------------------------------------------------------------------- a 0 0 � i o U O O Ull W Alto _ V — SIP � Q >_ W — Q W � O J - Noi�anaiswoo trod ioN n a ' N u Vm w x O x �s C P a � n ?� a aw0h_ �q K q a v Ran h. 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Town of Ithaca Code section 270-46C requires a side yard setback (measured from a side yard property lot line) of 20 feet, where the applicant is proposing to convert an existing garage into a single family dwelling/house which would be located within the side yard setback (facing the southern property lot line). The applicant proposes to maintain the existing southern property side yard setback, measured from the southern property lot line to the existing garage that is proposed to be converted into a single family dwelling/house of approximately 4.1 feet. SCR: Since the property at 1057 Taughannock is a proposed single-family home, SEQRA is not applicable, as identified in 6 NYCRR Section 617.5 (c)(11) and (17). Type 11 actions are not subject to review as identified in 617.5(a). This is considered to be a type 11 action there is no further review necessary. (617.5 (c)(11) construction or expansion of a single family, a tcvo family or athree-family re idence on an a��roved lot including provision of necessary utility connections as provided in paragraph (13) of this subdivision and the installation, maintenance or upgrade of a drinking water well or a septic ystem, or both, and conveyances of land in connection therewith) (617.5(c)(17) (17) granting of an area variance for a single family, tzvo-family orthree-family residence) Tompkins County Planning Department GML 239 —1 and —m: Tompkins County Department of Planning and Sustainability was not provided the application materials due to the intermunicipal agreement not requiring review of these types of Flood Plains: The proposed project does not appear to be shown within any flood plains. Stream Setback: The proposed dwelling appears does not appear to be located in any stream setback areas, as identified on the Town's stream setback map. Engineering: The Engineering Department has been provided the variance packet for comment. If comments are received, they will be included as part of the variance application packet. 1 Chris Torres From: joe@ithaca.legal Sent: Monday, June 7, 2021 2:50 PM To: Chris Torres Cc: dbarr5@twcny.rr.com; patricia@ithaca.legal Subject: 0011-2021 - Appeal of Linda Ruth Follow Up Flag: Follow up Flag Status: Flagged Dear ZBA members: Please be advised that I represent Joy Barr, individually and with regard to the Joy L. Barr Revocable Trust. On behalf of my client, I write to express my client's objection to the referenced appeal. My client is opposed to the appeal of Linda Ruth for a variance from the Town of Ithaca Code section 270-46 (C). My client can't support crowding a house on a narrow, steep parcel of land located on lake front property. A plan clearly contrary to the purpose and benefit of the Code. Not only are the current compliance concerns but the premises are subject to numerous encumbrances. Further, construction on that location poses many environmental issues, including, but not limited to, - the premises. The streams on and abutting the premise drain, only a short distance, into Cayuga Lake which drainage has the potential to be disrupted in a negative and on a long term basis; the burden on the premises from occupation of additional housing will be increased; impact on vegetation is likely and its restoration open to question; and rare and beneficial water and viewsheds jeopardized. Thank you for your efforts and consideration in this matter. Respectively Submitted, Joseph W. Allen Please copy Patricia Hatfield on all correspondence — patricia@ithaca.legal. ALLEN & MAINES Office address: 417 North Cayuga Street Ithaca, New York 148SO Phone: (607) 200-3707 Fax: (607) 241-9942 NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at (607) 200-3707 and delete this message. Please note that if this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. Chris Torres From: Bonn, Fred (PARKS) <Fred.Bonn@parks.ny.gov> Sent: Thursday, June 3, 2021 11:10 AM To: Chris Torres Cc: Riehl, Marcus (PARKS) Subject: RE: Material's Packet for June's ZBA Meeting Attachments: 0011-2021 ZBA Application.pdf Morning Chris — Thanks for forwarding. No concerns here. Fred From: Chris Torres <CTorres@town.ithaca.ny.us> Sent: Thursday, June 3, 2021 11:00 AM To: Bonn, Fred (PARKS) <Fred.Bonn@parks.ny.gov> Subject: Material's Packet for June's ZBA Meeting Hi Fred, I am sending a copy of the materials packet via email to ensure you receive in time for next week's ZBA meeting. A hard copy of the neighbor notice has been mailed out as well. If you have any questions and/or comments regarding the variance being requested for 1057 Taughannock Blvd., please feel free to let us know. Best, Chris Chris Torres Administrative Assistant Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Phone: 607-273-1721 town. ithaca. nv. u s 1 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday April 17 @ 6:00 p.m. 215 N. Tioga St. ZBAF-23-1 Appeal of 924 Danby Rd, LLC Owner of 924 Danby Road, Ithaca, NY, 14850; Greg Tumbarello, agent; is seeking a determination if a group of unrelated individuals is a family, as defined by Town of Ithaca Code section 270-5 (Definitions). The current property is located in the Medium -Density Residential Zone, Tax Parcel No. 40.-3-8 3/21/23, 9:21 AM ,,„ Town of Ithaca ZBFD-23-1 3/21/2023 ZBFD-23-1 Zoning Board of Appeals Family Determination Application Status: Active Submitted On: 3/15/2023 Primary Location 924 Danby Rd Ithaca, NY 14850 Internal Only -Review Tax Parcel No. 40.-3-8 Is Engineering Dept. Approval Required? No Type of Variance Family Determination Applicant greg tumbarello 914-646-9585 greg@modernlivingrentals.com 200 E Buffalo St Suite 201 Ithaca, NY 14850 Is Planning Dept. Approval Required? No Is a GML-239 Review Required? No Appearance Date for Variance 04/17/2023 Internal Tasks to be Completed Meeting Result (First Appearance) Public Hearing Notice Was Sent Neighbor Notification Letters Were Sent Date Sign Was Picked -up Material Packets Sent to ZBA Members https://ithacany.viewpointcloud. io/#/explore/records/28181 /react-form-details/28181 1 /6 3/21/23, 9:21 AM ZBFD-23-1 Applicant's Information Applicant is* Is the primary point of contact for Property Manager application different than the applicant?* No If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request* Each unit at this property has 4 bedrooms and the groups living there currently occupy them similar to a family. They share cooking duties and collectively are responsible for the care of the units. Family Determination Criteria Form 1. Is the group one which in theory, size, appearance and structure resembles a traditional family unit?* Yes Reasons: Two unrelated persons, occupying a single dwelling unit, living and cooking together as a single housekeeping unit. 2. Is the group one which in theory, size, appearance and structure resembles a traditional family unit?* Yes https://ithacany.viewpointcloud.io/#/explore/records/28181 /react-form-details/28181 2/6 3/21/23, 9:21 AM Reasons: ZBFD-23-1 Two unrelated persons, occupying a single dwelling unit, living and cooking together as a single housekeeping unit. 3. Is the group is of a permanent nature and is neither merely a framework for transient or seasonal (including as "seasonal" a period of an academic year or less) living?* Yes Reasons: Both groups are signed to year long leases with interest in renewal 4. Are the expenses for preparing of food, rent or ownership costs, utilities, and other household expenses are shared among the group?* Yes Reasons: 5. Is the preparation, storage and consumption of food shared among the group?* Yes Reasons: 6. Do members of the household have the same address for the purposes of: Voter Registration, Driver's License, Motor Vehicle Registration, Summer or Other Residences, and Filing of Taxes?* Yes https://ithacany.viewpointcloud.io/#/explore/records/28181 /react-form-details/28181 3/6 3/21/23, 9:21 AM Reasons: ZBFD-23-1 7. Are the furniture and appliances owned in common by all members of the household?* Reasons: Landlord provided by tenant request 8. If applicable, are any children enrolled in local schools?* No Reasons: all tenants are over 18 years of age 9. Are members of the household employed in the local are?* Yes Reasons: 10. Has the group has been living together as a unit for an extended period of time, whether in the current dwelling unit or other dwelling units?* No Reasons: 11. Please describe any other factor reasonably related to whether or not the group of persons is the functional equivalent of a traditional family?* https://ithacany.viewpointcloud.io/#/explore/records/28181 /react-form-details/28181 4/6 3/21/23, 9:21 AM ZBFD-23-1 11. Please describe any other factor reasonably related to whether or not the group of persons is the functional equivalent of a traditional family. Affidavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. acknowledge, that completed applications are scheduled on a first -come first -serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* gregory thomas tumbarello Mar 15, 2023 https://ithacany.viewpointcloud.io/#/explore/records/28181 /react-form-details/28181 5/6 3/21/23, 9:21 AM ZBFD-23-1 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E- check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop off during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buffalo St side of Town Attachments History Timeline https://ithacany.viewpointcloud.io/#/explore/records/28181 /react-form-details/28181 6/6 w MODERN LIVING 'ENT Dear Town of Ithaca, Modern Living Rentals 200 E. Buffalo St., Suite 201 Ithaca, NY 14850 P: 607-288-3578 E: Info@modernlivingrentals.com My name is Charlie O'Connor. I've been asked to provide an approval letter permitting one of my employees to file applications and permits on behalf of my business. As the President and principal owner of Modern Living Rentals, MLR Property Management, LLC and 924 Danby Rd, LLC, I hereby grant approval for Operations Manager Gregory Tumbarello to conduct business and operate as an authorized agent on behalf of these companies as we work to ensure compliance with the Town of Ithaca. Greg handles the bulk of the day to day activities and will be the right person to work directly with the Town of Ithaca to get the necessary applications, permits and additional paperwork to satisfy the Town of Ithaca's code requirements. For the purposes of this application Greg has listed me as the emergency contact for this property and that is appropriate as well. If you need any further assistance I can be reached via email: Charlie@modernlivingrentals.com Sincerely, Charlie O'Connor President Modern Living Rentals February 141", 2023 Town of Ithaca Code Enforcement Department 215 N. Tioga Street Ithaca, NY 14850 RE: ORDER TO REMEDY 924 Danby Road Ithaca, NY 14850 Dear Sir or Madame, We are in receipt of the "Order to Remedy" issued by your office on January 3, 2023 in relation to the above property and have completed most of the items listed in the order to remedy. With regard to the alleged violations of Town of Ithaca Code sections "207-5" and 270-7713, we must respectively disagree with the determination that the total amount of tenants occupying a single unit exceeds that allowable by the above referenced code sections. Our office is under the impression that the tenants in the unit in question live and function as a "FAMILY", as that term is defined in Ithaca Town Law section 270-5. We therefore ask that the alleged violations under sections 270-5 and 270-77B be removed from the "Order to Remedy" and that an appropriate order be reissued. In the alternative, if there is an additional process to challenge these alleged violations, please advise the undersigned of that process at your earliest convenience. Greg Tumbarello 924 Darby Rd Ithaca, LLC 3/15/23. 4:08 PM OpenGov Inspection Report Inspection: Fire Safety Inspection Inspector: Dana Magnuson Inspection Date: Mar 14, 2023 Town of Ithaca Record: TOI - Operating Permit and/or Fire Safety Inspection Application #OP-23-20 Location: 924 Danby Rd, Unit 924 Danby Rd Ithaca, LLC, Ithaca, NY 14850 Applicant: greg tumbarello BLD- Fire Safety Long Term Rental Overall Result: Fail Overall Remarks: No property maintenance person onsite. Tenants were home in both units and let me in for reinspection. Certificate of Occupancy 9545 issued 8/1/14 for one additional bedroom in basement unit (3 total legal bedrooms in basement). Illegal 4th bedroom in basement unit. Mice in lower level unit are an ongoing issue. Tenants caught two in their kitchen in the past few weeks. 22 total mice caught since August, 2022. Checklist: 270-5 Code of the Town of Ithaca Number of occupants within the code limits per zoning distrcit (LDR, MDR, HDR) https://ithacany.viewpointcloud.io/#/inspect/inspection-report/3276 1/4 3/15/23. 4:08 PM OpenGov Result: Fail Remarks: MDR zoning. Three unrelated occupants allowed in main unit and two unrelated occupants allowed in basement second dwelling. 4 occupied bedrooms on main level. 4 occupied bedrooms in basement second dwelling (illegal 4th bedroom). 304 NYSPMC 2020 House number/unit number (911 address) Result: Fail Remarks: 924 B not posted. 304 NYSPMC 2020 Structure in good repair (windows, doors, roof, siding, etc.) Result: Fail Remarks: Main level bedroom windows missing hardware, are stuck cracked open (southwest corner), or won't open, or won't lock. Main level bathroom still not operational. Previous holes in window framing now covered with screen material. 305 NYSPMC 2020 Interior structure in good repair (ceiling, doors, floors, walls, and windows, stairs, landings, railings) Remarks: Main level bedroom windows missing hardware, are stuck cracked open (southwest corner), or won't open, or won't lock. Main level bathroom still not operational. Previous holes in window framing now covered with screen material. https://ithacany.viewpointcloud.io/#/inspect/inspection-report/3276 2/4 3/15/23. 4:08 PM OpenGov 402 & 403 NYSPMC 2020 Proper light and ventilation provided (Bath and other) Result: Fail Remarks: Main level bathroom window doesn't open. 403,602 & 603 NYSPMC 2020 Appliances in good repair (if supplied) Result: ['Dass Remarks: Main unit dryer vent acceptable length 404 NYSPMC 2020 Proper room sizes and ceiling heights Result: Fail Remarks: Illegal 4th bedroom in lower level unit. 504 NYSPMC 2020 Plumbing in good repair Result: Fail Remarks: Hose bib still leaking on south side of dwelling. 605 NYSPMC 2020 Electrical in good repair (outlets, switches, lights, proper lighting) Result: Fail Remarks: Garage light requires a cover. Garage ceiling junction box with receptacles requires cover. New Romex ran in garage requires an Electrical Permit. Light in illegal 4th bedroom in lower level not working. Previous electrical non - compliances have been corrected. https://ithacany.viewpointcloud.io/#/inspect/inspection-report/3276 3/4 702 NYSPMC 2020 Egress doors or windows provided and being maintained Result: Fail Remarks: Main level bedroom windows missing hardware, are stuck cracked open (southwest corner), or won't open, or won't lock. Main level bathroom still not operational. Previous holes in window framing now covered with screen material. 704 & 705 NYSPMC 2020,314 & 315 NYSRC 2020 Working Smoke & Carbon Monoxide Detectors Result: Pass Remarks: Smoke alarm in main level second bedroom tested and working properly. https://ithacany.viewpointcloud.io/#/inspect/inspection-report/3276 4/4 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday April 17 @ 6:00 p.m. 215 N. Tioga St. ZBAU-23-1 Appeal Cedar Rock Inc., Owner of 602 Elmira Rd.; Michael Lasell, Agent; is seeking relief from Town of Ithaca code 270-171.5 (Permitted uses). Town of Ithaca Code section 270-171.5 does not allow for a self -storage facility to be operated within the Inlet Valley Center overlay zone, where the applicant is proposing to construct a self -storage facility that is approximately 24,700 sq.ft. of gross floor area. The current property is located in the Industrial Zone district and the Inlet Valley Center overlay zone, Tax Parcel No. 31.-3-4 3/21/23, 9:21 AM ,) Town of Ithaca ZBAU-23-2 Zoning Board of Appeals Use Variance Application Status: Active Submitted On: 3/16/2023 ZBAU-23-2 3/21/2023 Primary Location Applicant 602 Elmira Rd�Mike Lasell Ithaca, NY 14850 315-486-0501 mike.lasell@mblengineering.com 16510 Balch Place Mannsville, New York 13661 Internal Only -Review Tax Parcel No. 31.-3-4 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Is a GML-239 Review Required? Yes Type of Variance Use Variance Appearance Date for Variance 4/17/2023 Yes Appearance Date for Variance Internal Tasks to be Completed https://ithacany.viewpointcloud.io/#/explore/records/28214/react-form-details/28214 1 /12 3/21/23, 9:21 AM Meeting Result (First Appearance) ZBAU-23-2 Materials For GML-239 Were Sent Public Hearing Notice Was Sent Date Sign Was Picked -up Historical Only Address affiliated with request Applicant's Information Applicant is* Engineer Neighbor Notification Letters Were Sent Material Packets Sent to ZBA Members Status Is the primary point of contact for application different than the applicant?* No If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request* Use Vairance due to current overlay district. https://ithacany.viewpointcloud.io/#/explore/records/28214/react-form-details/28214 2/12 3/21/23, 9:21 AM ZBAU-23-2 Use Variance Criteria Form ILLUSTRATIONS OF FINANCIAL EVIDENCE: - Bill of sale for the property, recent value of property, expenses for maintenance - Leases, rental agreements - Tax bills - Conversion cost (for a permitted use) - Realtor's statement of inability to rent/sell 1. Can the applicant realize a reasonable return, as shown by competent financial evidence? (The lack of return must be substantial).* m Proof: The 3-acre property has frontage along Elmira Road and Five Mile Drive but has significant grade change from Five Mile Drive so the only feasible access is from the Southwest corner of Elmira Road. This property has been vacant due to the many site restrictions of steep slope areas, un-uniform shape and overall poor access. To obtain an overall rate of return on the property it needs to be utilized to its full potential which can be completed with storage buildings in different shapes and configurations to fit the site. In summary the large expense required for development of this site could not be supported by uses suggestion in the overlay district such as a restaurant or smaller commercial buildings that are retail oriented. https://ithacany.viewpointcloud.io/#/explore/records/28214/react-form-details/28214 3/12 3/21/23, 9:21 AM ZBAU-23-2 ILLUSTRATIONS OF UNIQUENESS: - Topographic or physical features preventing development for permitted use. - Why would it be possible to construct the applicant's proposal and not any of the permitted uses? - Board member observations of the property and surrounding areas. 2. Is the alleged hardship relating to the property unique? (The hardship may not apply to a substantial portion of the zoning district or neighborhood).* Yes https://ithacany.viewpointcloud.io/#/explore/records/28214/react-form-details/28214 4/12 3/21/23, 9:21 AM Proof: ZBAU-23-2 The subject property has many development challenges in which a self -storage facility can overcome due to the nature of the business. Items bulleted below outline some significant site challenges and how self -storage can overcome them while other allowed uses in the Overlay district could not: 1. Access is limited on Elmira Road to the Southwest close to Brewery Lane. This access location is not suitable for a commercial type of use such as a retail or service facilities outlined in the Overaly District allowed uses. Retail/service type use would have traffic align with peak hours to further be negative on the entrance and accessing Elmira Road. Self - storage is not a traffic generator in the size proposed. Traffic is typically off-peak and very limited for the units shown. 1. The shape of the property and slope of the site is very unique with large elevation changes in the rear. The site drops over 12- feet from the entrance in the buildable area. This creates a high cost of site development to provide sufficient parking and to create a building pad area. The self -storage facility is very flexible in that the buildings can be fitted and rotated to utilize the property to the maximum potential. The separated buildings also can be placed at different elevations to fit the site topography. 1. The property is zoned as Light Industrial, which was purchased with intention of self -storage, an allowed use. Since the plan package was submitted the Inlet Valley Center Overlay district has been adopted which is a unique situation for the property. 1. The property does not have sewer readily available at the frontages. The self -storage facility requires very little sewer demand, and it is intended to have a small onsite wastewater disposal system onsite. https://ithacany.viewpointcloud.io/#/explore/records/28214/react-form-details/28214 5/12 3/21/23, 9:21 AM ZBAU-23-2 ir11111MR]r 1_11r►•iI►rNrN:is101IN0R NOX41:r_I:,xe9:4ONff"INc�� - Board members' observations of neighborhood. - Expected effect of proposal on neighborhood, for example, change in parking patterns, noise levels, lighting, traffic. 3. Will the requested use variance, if granted, alter the essential character of the neighborhood?* m Proof: The proposed project includes self -storage which hides the typical mini -storage buildings in the rear with more commercial style buildings along the frontage. The proposed buildings will have architectural features unlike typical storage facilities and fit the area. The current area has commercial style structures on the side and rear of the property. The rear of the property is designed as a small industrial/commercial area. SELF-CREATED FACTORS: - What were the permitted uses at the time the property was purchased by the applicant? - Were substantial sums spent on remodeling for a use not permitted by zoning? - Was the property received through inheritance, court order, divorce? 4. Has the alleged difficulty been self- created?* W https://ithacany.viewpointcloud.io/#/explore/records/28214/react-form-details/28214 6/12 3/21/23, 9:21 AM Proof: ZBAU-23-2 The property was purchased with intent to develop self -storage because of the un-uniform shape and topographical changes. When the property was purchased self -storage was allowed in the LI district and a Planning Board submission was made. Now the Overlay district has been adopted by the Town for this property which was not a self-created hardship. e. Is the alleged difficulty self-created?* Reasons: Affidavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. acknowledge, that completed applications are scheduled on a first -come first -serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Michael Lasell Mar 16, 2023 https://ithacany.viewpointcloud.io/#/explore/records/28214/react-form-details/28214 7/12 February 24, 2023 ATTN: Mike Lasell 16510 Balch Place Mannsville NY, 13661 RE: Letter of Denial — DEV-23-6 602 Elmira Rd. Ithaca NY, 14850 Tay Parcel Number: 31.-3-4 Dear Mr. Lasell, On January 23, 2023, you submitted a partial site plan application (DEV-23-6) for a self -storage facility located at 602 Elmira Rd., Ithaca NY, 14850. When you submitted this application, the zoning for 602 Elmira Road was identified as the Light Industrial "Lone, which allowed a self -storage facility as a permitted use in the zone. On February 13, 2023, the Town of Ithaca Town Board approved the Inlet Valley Overlay District, which encompasses the address identified above. This alters the zoning from the Light Industrial zone to the Inlet Valley Overlay District, which does not permit a self -storage facility as an allowable use. The specific zoning that is now identified for this parcel of land is the "Inlet Valley Center Overlay Zone". Since a use group allowing for a self -storage facility use is no longer available at this property, your application (DEV-23-6) has been denied. If you wish to pursue the self -storage facility project at 602 Elmira Road, then you will need to seek and obtain a use variance from the Town of Ithaca Zoning Board of Appeals (ZBA). This letter can be used as a denial to request an appearance before the ZBA. If you have any questions related to the above related items, please feel free to contact us by phone at 607-273-1783 or by email at codes town.ithaca.nv.us. Sincerely, r Director of Code Enforcement Town of Ithaca 215 North Tioga Street Ithaca NY, 14850 LINE42 ARCHITECTURE February 05, 2023 Town of Ithaca Planning Department 215 North Tioga Street Ithaca, NY 14850 Re: Project Narrative - Proposed Storage Facility The purpose of this letter is to express Rudra Management's interest in constructing a self -storage facility on their vacant land, located at 602 Elmira Road, Ithaca, NY (the "Property"). Project: Rudra Management proposes the construction of approximately 30,000 square feet of self -storage space, which will be comprised of both traditional drive -up storage units, as well as indoor climate - controlled storage units. The project will be split into two phases. Phase One will entail the construction of the traditional drive -up storage units, and Phase Two will entail the construction of the indoor climate -controlled building. Unit sizes will vary to meet the Community's needs. The project will utilize the public water system for its fire suppression and bathroom, but will install on site septic for its single use toilet. We anticipate construction to last 6 to 8 months. About Rudra Management: Rudra Management is a real estate development company that builds, owns and operates 25+ hotels in the Western New York area. At the helm, Jay Patel has extensive experience in development and construction. Once example of their work is The Holiday Inn Express & Suites, 371 Elmira Road, which is located down the road from the Property. The hotel project was considered a "ground -up" construction project that transformed a neglected site into a thriving local business. Rudra Management hopes to continue their successful track record by diversifying their portfolio with a self -storage facility, as their market research has determined a demand in the Ithaca area. Rudra Management has hired Line 42 Architecture to consult and assist with the development process. Having worked together on other successful projects in the past, Rudra Management and Line 42 Architecture bring a collective experience that will ensure this project comes to fruition in a reasonable amount of time. About Line 42 Architecture: Line 42 Architecture, PLLC is a design firm specializing in self -storage and multifamily housing. Joshua Best, AIA, Founding Principal has developed, designed, constructed and operated four other self -storage facilities in the Buffalo, NY area with his company Best Brothers Development, LLC. His most recent ground -up construction was a facility located in Orchard Park, NY, which is similar to Rudra Management's proposed facility for Ithaca, NY. Best Brothers Development, LLC is a homegrown company that specializes in operating and assisting in commercial real estate development ventures. Their services include site acquisition, architectural design, construction management, technical and operational assistance. Their focus is on multi -family housing, self -storage and hotel development. Thank you, Joshua Samuel Best, AIA LINE 42 ARCHITECTURE PLLC ( PO BOX 665 1 EAST AURORA, NY 14052 1 716 818 9168 REGISTERED ARCHITECT IN THE STATE OF NEW YORK AND THE COMMONWEALTH OF MASSACHUSETTS PROJECT SUMMARY Runda Management plans to construct a self -storage facility at 602 Elmira Road in the Town of Ithaca. The previous zoning was Light Industrial but as of February 13, 2023 the area has become within the Inlet Valley Center Overlay District which has a restriction on self -storage. Per the guidelines of NYS for applications to the Zoning Board of Appeals, the following breaks down each request. USE VARIANCE WOR A"NO A. The no envy is incapable of e rning a reason able return on initial investment il'use for allowed district uses. The 3-acre property has frontage along Elmira Road and Five Mile Drive but has significant grade change from Five Mile Drive so the only feasible access is from the Southwest corner of Elmira Road. This property has been vacant due to the many site restrictions of steep slope areas, un-uniform shape and overall poor access. To obtain an overall rate of return on the property it needs to be utilized to its full potential which can be completed with storage buildings in different shapes and configurations to fit the site. In summary the large expense required for development of this site could not be supported by uses suggestion in the overlay district such as a restaurant or smaller commercial buildings that are retail oriented. B. The no envy is being affected by a unique on uncommon circumstance The subject property has many development challenges in which a self -storage facility can overcome due to the nature of the business. Items bulleted below outline some significant site challenges and how self -storage can overcome them while other allowed uses in the Overlay district could not: 1. Access is limited on Elmira Road to the Southwest close to Brewery Lane. This access location is not suitable for a commercial type of use such as a retail or service facilities outlined in the Overaly District allowed uses. Retail/service type use would have traffic align with peak hours to further be negative on the entrance and accessing Elmira Road. Self -storage is not a traffic generator in the size proposed. Traffic is typically off-peak and very limited for the units shown. The shape of the property and slope of the site is very unique with large elevation changes in the rear. The site drops over 12-feet from the entrance in the buildable area. This creates a high cost of site development to provide sufficient parking and to create a building pad area. The self -storage facility is very flexible in that the buildings can be fitted and rotated to utilize the property to the maximum potential. The separated buildings also can be placed at different elevations to fit the site topography. The property is zoned as Light Industrial, which was purchased with intention of self -storage, an allowed use. Since the plan package was submitted the Inlet Valley Center Overlay district has been adopted which is a unique situation for the property. 4. The property does not have sewer readily available at the frontages. The self -storage facility requires very little sewer demand, and it is intended to have a small onsite wastewater disposal system onsite. �Rev3/15/202 2023 C The Variance will not alter the essential character of"the neighborhood The proposed project includes self -storage which hides the typical mini -storage buildings in the rear with more commercial style buildings along the frontage. The proposed buildings will have architectural features unlike typical storage facilities and fit the area. The current area has commercial style structures on the side and rear of the property. The rear of the property is designed as a small industrial/commercial area. D. The hardship is not self-created. The property was purchased with intent to develop self -storage because of the un-uniform shape and topographical changes. When the property was purchased self -storage was allowed in the LI district and a Planning Board submission was made. Now the Overlay district has been adopted by the Town for this property which was not a self-created hardship. �Rev3/15/202 2023 LJvJC,lh,1LJ_RI G, LI.L.0 Short Environmental Assessment Form Part 1- Project Information Instructions for Completing Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project: Ithaca Self -Storage Project Location (describe, and attach a location map): 602 Elmira Road - Ithaca Brief Description of Proposed Action: Construction of a Self -Storage facility with 7 buildings which include indoor heated storage and standard mini -storage of approximately 24,700-SF. Project includes a 20,700s.f. building footprint (24,700s.f. total gross floor area, as Building 7 is two -stories), along with parking, landscaping, stormwater management facilities, and other project elements. o Name of Applicant or Sponsor: Telephone: 716.481.9888 E-Mail: jay@rudramgmt.com Rudra Managaement Address: 51 Anderson Road City/PO: State: Zip Code: Buffalo NY 14225 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? NO YES If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. ❑ 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: Ithaca ZBA, County Planning, NYSDOT, Ithaca Planning Board, NYSDEC ❑ 3. a. Total acreage of the site of the proposed action? 3.0 acres b. Total acreage to be physically disturbed? 1.90 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 3.0 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑✓ Commercial ❑ Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑✓ Other(Specify): Light industry (warehouses), vacant land ❑ Parkland 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A Pfl F-1 El RI 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES F-1 Fv-1 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the roposed action? Elmira �Ioad is served by TCAT Route 67 CCJj�] c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ami?` NO YES F-1 El Z 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES F-1 Fv-1 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: An offsite water main extension will be required to provide public water to this parcel. NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: Onsite wastewater treatment for a single bathroom.IF an exemption is approved by the To Board. If exemption is not approved, then an offsite sanitary sewer main extension will be required./�,- �vlr NO YES Fs-/] El 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? Ple pse see part 3 b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? CE NO YES Fv 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? Please see b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? 7� If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES 1:1 RI E1_ Fv-1 Jlag,e 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑ Agricultural/grasslands 21 Early mid -successional ❑ Wetland ✓❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES ❑✓ ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES El ❑� ❑✓ ❑ �✓ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Michael Lasell Date: 3/15/2023 Signature: Al/0 4"/Title: Engineer PRINT FORM I ➢lag'e 3 of 3 EAF Mapper Summary Report Tuesday, February 28, 2023 12:29 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. j Pd mid rat r +I T 1y Iorwit y r pyq y i ar oP I ./r% r".I f,,, � �I°��% ti hnsEioatirxi liw!w ui "It.i eyeYrTk Emd mu �m a lry R eslu imrlN �rrF PhiladeAlp h[Ha �a1iI I(;d.rl��aa i � 7a tr dl i la J.�I to l:,"1 aui l jw ill7w E t al Ieu�rk (grl01i. �C0; �b Part 1 / Question 7 [Critical Environmental No Area] Part 1 / Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Yes Part 1 / Question 13a [Wetlands or Other Yes - Digital mapping information on local and federal wetlands and Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 / Question 15 [Threatened or No Endangered Animal] Part 1 / Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 / Question 20 [Remediation Site] No Short Environmental Assessment Form - EAF Mapper Summary Report 1 Agency Use Only [If applicable] Project: Ithaca Storage - 602 Elmira Road Date: ZBA use variance 4-17-23 Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large Please see Part 3 for further explanation of impact impact 1, 2, 3, 5, and 10 below may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ✓ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? Fv] El 3. Will the proposed action impair the character or quality of the existing community? Fv-1 El 4. Will the proposed action have an impact on the environmental characteristics that caused the RI F-1 establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? ❑✓El b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Paget of2 Agency Use Only [If applicable] Project: Ithaca Storage- 602 Elmira Road Date: ZBA use variance- 4-17-23 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. PLEASE SEE ATTACHED Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 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. Town of Ithaca Zoning Board of Appeals Name of Lead Agency David Squires Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Christine Balestra, Planner Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of Short Environmental Assessment Form — Part 3 Determination of Significance Project: Ithaca Self Storage, 602 Elmira Road Actions: Use Variance, Zoning Board of Appeals Site Plan Approval, Planning Board Date: April 17, 2023 (Zoning Board of Appeals) Physical characteristics of the property: The proposed self -storage facility will be located on vacant property that was utilized as a fill -site for the storage of fill and construction materials during the NYS Department of Transportation's (DOT) Route 13/Route 13A intersection and Cayuga Inlet bridge reconstruction projects in the mid-1990's. Approximately 80% of the property is relatively flat and clear of vegetation. However, the remainder of the site, particularly the north and west edges and along the NYSDOT right-of-way to the east, contains steep slopes and manmade fill mounds in various stages of natural re -vegetation. Those areas of the property also contain first succession vegetation (mostly young birch, locust, and sycamore trees) along with some larger deciduous and evergreen trees, overgrown shrubs, and tall grasses. This property used to contain a stream that is a tributary to the Cayuga Inlet. During the reconstruction projects, the stream was piped underneath and across the property to outlet culverts on the northeast and west sides of the property, where it currently flows exposed off the property and onto adjacent properties. The stream eventually filters into a NYS DEC regulated wetland and Unique Natural Area located on the east side of NYS Route 13A. Some of the most significant slopes found on the property are located along the stream bank in the north and west areas. 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? Small impact may occur. The 2014 Comprehensive Plan and Future Land Use Map has characterized this property as "Natural/Open" and "Inlet Valley Gateway." According to the Comprehensive Plan, this portion of Elmira Road is intended "to be a setting for a mix of office, small- scale retail, hospitality, tourism, and agritourism uses, with low impact light industrial, artisanal industrial, and skilled trade uses." The Town Board adopted the Inlet Valley Overlay District (IVOD) zoning on February 13, 2023, to meet the goals of the Comprehensive Plan. However, the IVOD prohibits self -storage facilities. Until two months ago, the property containing the proposed Ithaca Self -Storage project was zoned Light Industrial, which permitted self -storage facilities with site plan approval by the Planning Board. Now that the zoning has changed, the project requires a use variance from the Zoning Board of Appeals along with site plan approval from the Planning Board. Although self -storage facilities are currently prohibited in the IVOD, they do not necessarily create a material conflict with the IVOD provisions. Part of the goal of the IVOD is to enhance the Elmira Road corridor's distinctive characteristics by fostering and building on the semi -rural assets that currently exist. Self -storage facilities are typical uses found in semi -rural landscapes, although they are generally unattractive and detract from the aesthetic of an area. The IVOD's architectural design standards and requirements would provide an opportunity for the proposed Ithaca Self -Storage project to show sensitivity to the surrounding natural area, with elements that would be in context with the semi -rural character of Elmira Road. To that end, the self -storage structures in the IVOD may be more attractive than typical self -storage buildings. 2. Will the proposed action result in a change in the use or the intensity of the use of land? Small impact may occur. This property has been vacant for many decades. Developing the property at all will change the use and the intensity of the use of land. It is a highly disturbed site, due to the NYS DOT projects mentioned above. Additionally, the property contains a NYS DOT right-of-way with steep slopes that would create a challenge for most types of development. There was a proposal for a self - storage facility on the property in 2010, but the applicant only appeared before the Planning Board for a sketch plan review and never returned for approval. The NOD provisions allow many types of uses for this property that would change the use and intensity of the use of the land, e.g., bed and breakfasts, hotels, veterinary clinics, day care centers, health/fitness uses, restaurants, professional offices, retail and commercial uses, small light industrial uses, cultural facilities, etc. The proposed Ithaca Self -Storage project is a less intense use of land than other permitted uses. 3. Will the proposed action impair the character or quality of the existing community? Small impact may occur. The Elmira Road corridor has a very diverse community character. The NOD provisions are specifically designed to create an attractive and appealing character for the corridor that is safe and inviting to residents and visitors. Some portions of the NOD design standards are required and some are strongly encouraged ("must" versus "should"). If the Zoning Board grants the use variance, the board may condition the approval on requiring the project to comply with all IVOD's Design Standards and Guidelines (§270-171.6), regardless of whether they are required or encouraged. This would ensure that the Ithaca Self -Storage facility will enhance the character of the community and comply with the design aesthetic intended for the Inlet Valley Corridor. S. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking, or walkway? Small impact may occur. Self -storage facilities typically have much lower traffic impacts than other commercial and retail uses. This is primarily because self -storage facilities do not attract existing traffic (e.g., like a fast-food restaurant would) nor are they destinations for most people (e.g., state park, recreational facility). There is no expected change to the existing level of traffic, and the project will not affect existing infrastructure for mass transit, biking, or walkways. The proposed use will require another highway curb cut off NYS Route 13/Elmira Road. The applicant has located the new access as far from the intersection of NYS Route 13 and NYS Route 13A as safely possible, given the property's slopes and sight lines from the intersection. The NYS DOT will need to approve this access location, and the Zoning Board and Planning Boards may condition their approvals on the NYS DOT approval. 10. Will the proposed action result in an increase in the potential for erosion, flooding, or drainage problems? The drawings submitted by the applicant for the Zoning Board use variance show a significant increase in impervious surfaces associated with the development. Preserving existing vegetation where it is more established, especially along the stream bank and slopes, and providing a landscaping plan that contains native, non-invasive tree and plant species, will reduce the overall impacts of the development. The applicant will be required to comply with all applicable Town and/or NYS DEC Stormwater Management Regulations to address water quality and water quantity issues. Regarding Part 1, question 12b: According to the NYS Office of Parks, Recreation and Historic Preservation Cultural Resources Information System program, the property is in an area that could be archaeologically sensitive. However, this is a highly disturbed site, due to a 1990's NYS DOT reconstruction project. Therefore, any archaeological resources would have been discovered with prior disturbances. Regarding Part 1, question 13a: As mentioned above, there is a stream located adjacent to the property on the north and west sides. Although the stream is piped and culverted on the property, the applicant will be required to comply with the Town of Ithaca Stormwater Management Law and NYS DEC stormwater regulations to ensure protection of the stream during and post construction. There is also a NYS DEC regulated wetland and a Tompkins County Unique Natural Area located across NYS Route 13A, approximately 460+/- feet northeast of the property. The wetland and the UNA will be unaffected by the proposed use. �NRi N IL ti 20 M O v Z O L2 CO N E U W ca > ON= to Om 0- N O L a 0 0 0 N N 3/21 /23, 10:13 AM Planning and Zoning Referral Ii u nd C IP a I'F 1L. d'Ov"I", C"'i 1 Plof 6, ot g r a (ft I aaccl,v Actio Re� bnqj�,Jins County Depaitmeint olllIann ng aind SustaIina�')Hty Questions? Please contact Abigail Conner Tompklnis County IRlanniing Department 607-274-5576 City, Town, or Village* Town Municipality Address 215 North Tioga St. Salutation Municipal Contact First Name* Ims. Lori i me ot my&wzp.78T-7-9777�� AdIl"ninistrafive Assistant IV WrINTIM Storage Containers 602 Elmira Rd Municipality* Ithaca Municipal Contact - Last name* IKofoid Pr t o MecPrpgsa i �I Irrformabon Please fill out this form. At the end of the form p�lease upload any addltional materla�ls for reviel Applicant Name IMichael Lasefl, MBIL Englineering https://Ifweb.tompkins-co.org/Forms/Form/Submit 1/5 3/21 /23, 10:13 AM Planning and Zoning Referral Cedar Rock Inc 665 Peninsula IBl�vd Woodmere, INY 1,1598 I 1 1111111 1111111111 1:1 11111111 111' 1111111111111111 111 1111 111 111 1 III Fill III Ii� I I �� 1 11 , 1,1110111 You can find the Tax IParcel INumber with the foflowing firilk - https://geo.tompkins-co.org/html/?viewer=nrimobile - you may nieed to enable the parcell llayer by clicking on the Mayer h6ld at the ILayers tab at the bOttOII right hand corner of the screen and clicking the PARCELS checlkbox, Then zoom in on the rTiap. https://Ifweb.tompkins-co.org/Forms/Form/Submit 2/5 3/21 /23, 10:13 AM Planning and Zoning Referral ( .,I In I rz a i �..)4 D 1 `3 01 3c,okii I i,.y ii Ue�ififv: plill-It x .-ay&'s < T('Wetlancls2012 Operatlonal ILayeirs Natu4l Resources Water Resources Flood Zones Traillls II a BUilding Gidd - 2ft COMOUrs, Er Oronmieintall Areas III ........... UniiiqL,ie, NatL41 Areas ............ Important IB�ird Areas Natural Features FOCUS... :'me �oI L. yers https://Ifweb.tompkins-co.org/Forms/Form/Submit 3/5 3/21 /23, 10:13 AM Planning and Zoning Referral 4/17/2023 4/10/2023 4/17/2023 How does ro o e roject qualify for 239 review (check all that apply)? (Please check which State Law requirement(s) apply to referred action" it is within 500 feet of: A municipal boundary; The boundary of an existing or proposed County or State park or any other recreation area; The right-of-way of any existing or proposed county or state road; The existing or proposed right-of-way of any stream or drainage channel owned by the county; The existing or proposed boundary of any county/state owned land with public buildings; or The boundary of a farm operation located within an agricultural district. Please subrTnit all materials that your rmuniicipallity requires for a complete application, including a completed elnvilroriffielntal assessment form and any suppllerTnelntal inifolrmation, that the municipal board will consider in its (review, to the Tompkins County Planning Department.no (later than 39 days prior to the board meeting date . IFor larger or more complex projects preliminary information, such as sketch plans, may be submitted as early in the (review process as possiblle to allow for preliminary comments on likely County recommendations. Providing this iinforllTnatiioln earlier in the project developllTnelnt process may allow us to provide preliminary corTnrmelnts to IITWIllicipalhties as they corTnplete subrTnissiioln materials Comprehensive Plan Use Variance Zoning Ordinance or Local Law Area Variance/Sign Variance Special Use Permit Subdivision Site Plan Other authorization or local law https://Ifweb.tompkins-co.org/Forms/Form/Submit 4/5 3/21 /23, 10:13 AM Planning and Zoning Referral Is site currently served by public water? Yes No Is site currently served by public sewer? Yes No # of Proposed Housing Units? 0 # of Proposed Parking Spaces? 0 Amount of Proposed Building Square Footage? appx. 30,000 sq ft Is any of the proposal located within the 100-yr floodplain? Yes No Is any of the proposal located within 100' of an intermittent or perennial stream or wetland? Yes No Is any of the proposal within a Unique Natural Area (UNA)? Yes No The TompHns, County Naturall Resource inventory .- https://geo.tompkins-co.org/html/?viewer=nrimobile - can assist wltlh ldenfifying UNAs and other natural features on the property. mr-ut =-I , ILIMMro "120=.l Please use this sectlon, to upload any additlonal documentatlon. Please upload full application materials here ZBAU-23-2 IFullll packet.pdf 8.5MB https://Ifweb.tompkins-co.org/Forms/Form/Submit 5/5 05, / m TOWN OF ITHACA ,a NEW Y O R K DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithamnyx SITE PLAN REVIEW OWNER'S AUTHORIZATION & CERTIFICATION FORM IMe hereby affirm that I/we am/are the owner(s) of the property located at: Property Address/Location(s): 602 Elmira Road City: Ithaca state: NY Zip Code: Tax Map and Parcel Number(s): 31-3-4 By signing below, Uwe authorize the individual(s) identified in the following section to act as my/our authorized agent regarding any and all site plan application(s) made to the Town of Ithaca Planning Board for the activities described. The individual(s) identified below shall remain in this capacity regarding any applications and subsequently issued permits related to these activities indefinitely unless an express written request to terminate this authorization, signed by me, is submitted to the Town of Ithaca Planning Department. 1/we also certify that Uwe have caused the land to be surveyed and the site plan to be prepared, that l/we agree and guarantee to construct the project and any required infrastructure elements in the manner presented by the finally approved site plan; and that 1/we make any dedications indicated on the final site plan. Project/Activity for which Application is being made: Storage Facility - 242-Units Signature of Owner(s): Date: 1 �a Signature of Owner(s): p Printed Owner(s) Name: f CA Printed Owner(s) Name: Printed Name of Applicant/ Owner's Authorized Agent: Mike Lasell/Josh Best - Engineer/Architect Address: 16510 Balch Place city: Mannsville state: NY Zip code: 13661 Telephone Number: 315.486.0501 Email Address: _ Mlke.lasell aAmblengineering.com Signature of Applicant/Agent: Date: 1-8-2023 Once completed, please submit this form to the Town of Ithaca Planning Department. 5/1 /2022 z w LLJ z 0 W V) D W m cQ L U N g d w O Z rl O cr- O N J W U X w w D w d CL N Q S U D (N z DD�;aoo�o�� LL W W OOZZ LLJ LJ SmUO w'N ZzZQ OO -WS %Z Lij M 0 F- Z S 00 wz W Li Z Li Nm�Lj OpWOJ d z m U LiS�WW IS Li V)�- UN Z�IWi W Li ,�j MO O OQ=� Z0 O M d V) U I- O O NH (n W V Q a Q= 0 Li S 0 OJ �OJNCK Z0 V)J O Q D O Z 0 z = Q 0 ~ o zzw<z OZL Li ��Li amw Li0 U— A 0 J W� O N� a 0 w Q � >W m o Q (CK UO NQZ 0 ZQO Li Z 10 J Z� 10 J Wl-CL S m CLN wZ0 �=g � zZQ3 UQ V) 0 �J> � rnQ El 'c \ Lim --------=-vim � --� w�i �� U- o � �� 1% 1 13.24' voo 6 cm )i N 33S) 4idi--- AVI 13AYNI 30 3903 30Is1n0 IN3N3AVd JO 3003 AVIAHOIH I z 0 F— C) F— U) z 0 0 zi 0 w cr- cr- 3: zo lwz w Y 0 >o 0 m z uj 3::OL- I W.-. Of w Q E rrznn V v / V z v ry Q n 04 ry 0 0 0 z w J U U) zzZw Q2OU) Q �Z w wOOp m zO _ H Q Q U O couj CjwJ Ll>'0O 0QZI— OvjWU Qw>� �3: LIJU) a- U)wF- w = J Q >- w Q m H 0U)pz ���0 OQa-U ��Qz �000UJ ZU)JQ Q Q co w I w J U CO O F- W o . W ca 0CKz 0a Ld ?� c 0 co < n x W — p Cr w 0 CL m Cr I IN Lij IN IN I I IN I w a ° >mo Calm Z J W Q 7 W CL ~ _I � � �zy 0z wQ U2 D-ry Ow � Q w W 0 �06 VJ F- w Q 06 w L LI Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday, May 15, 2023 @ 6:00 p.m. 215 N. Tioga St. ZBAA-23-6 Appeal Ithaca College, Owner of 127 Conservatory Dr (Butterfield Stadium); Mabel Gutliph, Agent: is seeking relief from Town of Ithaca Code section 270-70 (Height limitations) for a proposal to construct exterior light pole structures that exceed 30 feet in height. The current property is located in the Medium -Density Residential District Zone, Tax Parcel No. 41.-1-30.2. ZQAA-23-6 Jok" Town of Ithaca ���8_��-� ^-��r�r^ �� � 7OOiOg Board of Appeals Area Variance /\DDliC8tiOO Status: Active Submitted On: 4/II/2O23 /\DDliC8rt 'F!" K48be|Gut|iph 7' 607746-2727 (J� rnQut|iph@C|8rkCOrnp8niHS.COrn �Q, 4II55State Highway IO Delhi, NYl3753 Internal��| [� ' .�D/\/-/^�V|eVV Tax Parcel No. Is EngineeringOeot approval required? Is a GML-239 Review Required? Type of Variance Appearance Date for Variance _ Legal -Language for Variance Request 4/l4/2023 Primary Location IZ7Conservatory Dr Ithaca, NYl485O |oPlanning Dept. Approval Required? Is Engineering Dept. Approval Required? Applicant ready tore -appear? _ 1 of 4/14/2023, 10:31 AM ZBAA-23-6 Variance(s) Granted with Conditions? Appearance Date for Variance about:srcdoc Variance Code Language Additional Meeting is List Conditions: Meeting Result Internal Tasks to be Completed Show Internal Task to be Completed By Legal Language Write-up Public Hearing Notice Was Sent Neighbor Notification Letters Were Sent Public Hearing Notice Sent Neighbor Notification Letters Sent Variance Code Section Meeting Result (First Appearance) Date Materials for GML-239 Sent Date Sign Was Picked -up Material Packets Sent to ZBA Members Sign Pick-up 2 of 9 4/14/2023, 10:31 AM ZBAA-23-6 Material Packets Sent to ZBA Members about:srcdoc Historical Only Address affiliated with request Status IMPORTANT: You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form. Applicant's Information Applicant is* Contractor New Field Is the primary point of contact for application different than the applicant?* No If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request* Requesting a height variance for atheltic field lighting. Four poles, two at 80 feet high, one at 100 feet high and one at 120 feet hight. Area Variance Criteria Form 3 of 9 4/14/2023, 10:31 AM ZBAA-23-6 about:srcdoc A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* we Reasons: 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* ire Reasons: The height of the proposed athletic field lighting is necessary to eliminate spill and glare in areas outside of the athletic field. 3. Is the requested variance substantial?* lire Reasons: The proposed height of the light poles with LED lighting fixtures are four poles, two at 80 feet high, one at 100 feet high, and one at 120 feet high. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* we Reasons: The lights will only be on for pre -approved times. 4 of 9 4/14/2023, 10:31 AM ZBAA-23-6 5. Is the alleged difficulty self-created?* about:srcdoc W Reasons: The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first -come first -serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Meeting Date MABEL GUTLIPH — Apr 11, 2023 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop off during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buffalo St side of Town Hall Historical Zoning Applications Data 5 of 9 4/14/2023, 10:31 AM ZBAA-23-6 about:srcdoc t-14T14%3A16%3A11Z& .core.wLtlghtvPolet rings.pdf 3BNTiBoc0OPF@1q"d q bPc%3D) _Apr_11_2Wkd6d3)M.Mf O*&n Apr 11, 2023 at 3:37 PM '3-04-14T14%3A16%3A11Z& 3A11Z& rr9oe06r05zvQnKPmwfsfBmM%3D) History Date Activity 4/11/2023, 2:07:27 Mabel Gutliph started a draft of Record ZBAA-23-6 PM 4/11/2023, 2:11:41 Mabel Gutliph altered Record ZBAA-23-6, changed ownerPhoneNo PM from "607-274-3011" to "607-274-1663" 4/11/2023, 2:11:41 Mabel Gutliph altered Record ZBAA-23-6, changed ownerStreetName PM from "953 Danby Rd" to "Danby Rd" 4/11/2023, 2:11:41 Mabel Gutliph altered Record ZBAA-23-6, changed ownerStreetNo PM from "" to "953" 4/11/2023, 2:34:57 Mabel Gutliph added attachment MUSCO Lighting Submittal.pdf to PM Record ZBAA-23-6 4/11/2023, 3:00:16 Mabel Gutliph submitted Record ZBAA-23-6 PM 4/11/2023, 3:00:18 inspection step Application In -take Reviewwas assigned to Lori Kofoid PM on Record ZBAA-23-6 4/11/2023, 3:00:18 changed the deadline to Apr 13, 2023 on inspection step Application PM In -take Review on Record ZBAA-23-6 4/11/2023, 3:37:24 Mabel Gutliph added attachment Light Pole Renderings.pdf to Record PM ZBAA-23-6 4/14/2023, 8:30:26 Mabel Gutliph added a guest: sdayton@ithaca.edu to Record AM ZBAA-23-6 4/14/2023, 8:30:39 Mabel Gutliph added a guest: robb@clarkcompanies.com to Record AM ZBAA-23-6 Code Enforcement Permit Email altered inspection step Application In- 4/14/2023, 9:34:09 take Review, changed status from Active to Complete on Record AM ZBAA-23-6 Code Enforcement Permit Email moved Record ZBAA-23-6 from 953 4/14/2023, 9:43:43 Danby Rd, Ithaca College Campus Ithaca NY 14850 to 127 AM Conservatory Dr, Ithaca College Butterfield Stadiumlthaca NY 14850 8 of 9 4/14/2023, 10:31 AM ZBAA-23-6 about: srcdoc Date Activity 4/14/2023, 9:43:59 Code Enforcement Permit Email removed attachment Agricultural AM Data Statement from Record ZBAA-23-6 4/14/2023, 9:48:47 completed payment step Payment on Record ZBAA-23-6 AM 4/14/2023, 9:48:48 inspection step Review - Code Enforcement/Zoning Dept.was AM assigned to Marty Moseley on Record ZBAA-23-6 4/14/2023, 9:48:48 approval step Notice Pick-up (You will be emailed again when AM ready)was assigned to Lori Kofoid on Record ZBAA-23-6 Timeline Label Activated Completed Assignee Due Date 6r,]Payment 4/14/2023, 4/14/2023, Mabel - 9:34:10 AM 9:48:47 AM Gutliph Application In -take 4/11/2023, 4/14/2023, Lori Kofoid 4/12/2023 Review 3:00:18 PM 9:34:09 AM O Notice Pick-up (You will 4/14/2023, be emailed again when - Lori Kofoid - 9:48:47 AM ready) Review - Code 4/14/2023, Marty Enforcement/Zoning - - 9:48:47 AM Moseley Dept. Zoning Board of Appeals Meeting °;- Issuance of Meeting Result 9 of 9 4/14/2023, 10:31 AM Mabel Gutliph From: Marty Moseley <MMoseley@town.ithaca.ny.us> Sent: Wednesday, January 25, 2023 8:52 AM To: Robb Champlin; Mike Smith; Daniel Thaete Cc: Susan Ritter; Chris Balestra; David Oshea; Justin McNeal; Mabel Gutliph Subject: [External Message] - RE: [External Message] - RE: [External Message] - RE: [External Message] - RE: IC Submittal Robb, You are correct. An area variance would be required for the height of the lights as 270-70 of the Medium Density Residential Zone district regulations limit structures, other than buildings to be a maximum height of 30 feet. In Medium Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height, except buildings constructed prior to the effective date of Local Law No. 20 of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said local law. Other accessory buildings shall not exceed 15 feet in height. Please feel free to use this email as a denial letter to apply for an area variance. Thank you, Marty Moseley Director of Code Enforcement Town of Ithaca 215 N Tioga Street Ithaca, New York 14850 P:607-273-1783 F:607-273-1704 www.town.ithaca.ny.us Me rnforrnation contained in brie C rnoil rnessage it c onfiderrtrrci and rntcsrrdcd only for tins rndrrrir ual or entity to wborrr or wirrc it it is addressed, If Me reader of Mis message rs not His, intended recipient, you are irerrveby notified Mat any dissenimation, distribution, alteration, or Copying of this c, maii rnessage is strictly proirrirrtc: d yf You ilave rrvec cstVed H'Irs C mail in errvrrvor, please irrrrrrediately notify Me sender by teieirirerrc, (t QZ :yL.1 -b), or by return cs..rrrrrrf, cind deietc, tins c,..rrrrrrl message From: Robb Champlin <robb@clarkcompanies.com> Sent: Wednesday, January 25, 2023 8:42 AM To: Mike Smith <MSmith @town.ithaca.ny.us>; Daniel Thaete <DThaete@town.ithaca.ny.us> Cc: Susan Ritter <SRitter@town.ithaca.ny.us>; Chris Balestra <CBalestra@town.ithaca.ny.us>; David Oshea <DOshea@town.ithaca.ny.us>; Justin McNeal <jmcneaI@town.ithaca.ny.us>; Mabel Gutliph Short Environmental Assessment Form Part 1- Project Information Instructions for Completing Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information ITHACA COLLEGE Name of Action or Project: BUTTERFIELD STADIUM REDEVELOPMENT Project Location (describe, and attach a location map): BUTTERFIELD STADIUM AT ITHACA COLLEGE Brief Description of Proposed Action: BUTTERFIELD STADIUM CONTAINS AN EXISTING RUNNING TRACK AND NATURAL GRASS ATHLETIC FIELD CONSTRUCTED ON A GRAVEL DRAINAGE LAYER. THE PROPOSED PROJECT IS TO REMOVE THE RUNNING TRACK AND CONVERT THE NATURAL GRASS FIELD TO SYNTHETIC TURF. THERE WILL BE PAVED DRIVING AND WALKING SURFACES AROUND THE PERIMETER OF THE NEW ATHLETIC FIELD. e project also includes installing four () stadium i poles between 80'and12 ' tall® —_0 Name of Applicant or Sponsor: Telephone: 607-274-1663 E-Mail: SDAYTON@ ITHACA. EDU ITHACA COLLEGE Address: 953 DANBY ROAD City/PO: State: Zip Code: ITHACA NY 14850 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: NYS DEC SPDES PERMIT Planning Board approval, Zoning Board variances ❑ �✓ 3. a. Total acreage of the site of the proposed action? 5.2 acres b. Total acreage to be physically disturbed? 5.2 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 757 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑ Residential (suburban) © Forest ❑ Agriculture ❑ Aquatic ✓❑ Other(Specify): ACADEMIC ❑ Parkland Page I of-3 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑✓ ❑ ❑ ❑ ❑� 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ❑✓ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? Area is served by TCAT Rout c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: Not applicable NO YES ❑ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: EXISTING CONNECTION TO POTABLE WATER IS ALREADY ON SITE. THIS CONNECTION WILL NOT CHANGE. NO YES ❑ ❑✓ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NOT APPLICABLE NO YES ❑ J9 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? Please see Part 3 uu b. Is the project site, or any portion of it, Located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑�/ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodics regulated by a federal, state or local agency? Please see Part b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑✓ El - RI ftge 2 of-3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑✓ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? Southern Grizzled Skipper Please see Par 3 El ❑✓ 16. Is the project site located in the I00-year flood plan? NO YES Fv-1 El 17, Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, NO YES RI ❑� a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? �✓ If Yes, briefly describe: THE NATURAL GRASS FIELD IS CONSTRUTED ON A ONE FOOT THICK GRAVEL DRAINAGE LAYER, WITH UNDERDRAINS AND A PERIMETER COLLECTOR LINE SYSTEM WHICH OUTLET STORMWATER IN TWO LOCATIONS ON EACH END OF THE FIELD. THE NEW ATHLETIC FIELD DRAINAGE WILL CONNECT TO THESE SAME TWO LOCAITONS. 18. Does the proposed action include construction or other activities that Would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? Not an "impoundment" per NYS DEC SEAR workbo0k If Yes, explain the purpose and size of the impoundment: definitions/examples - item should be checked "No THE ATHLETIC FIELD VERTIFCALLY DRAINS, ALL STORMWATER LANDING ON THE ATHLETIC FIELD AND SURROUNDING HARDSCAPE WILL BE STORED WITHIN THE STONE BINEATH THE ATHLETIC FIELD AND CONVEYED TO THE TWO OUTLET LOOATIONS, THE OUTLET CONTROL STRUCURES DISCHARGE THE STORMS AT THE PRE EXISTING RATES. YES r ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? IfYcs, describe: 20.Has the site of the proposed action or an adjoining property been the subject of rernediation (ongoing or NO YES completed) for hazardous waste? i-0,1 If Yes, describe: Please see Part 3 ❑ a ACCORDING TO THE ENVIRONMENTAL SITE REMEDIATION DATABASE SEARCH BUTTERFIELD STADIUM IS WITHIN A MILE OF THE FORMER AXIOHM FACILITY, THE REMEDIATION AT THIS FACILITY WAS COMPLETED IN 2008. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Date:�� Signature: -- PRINT FORM I Page I of'3 EAF Mapper Summary Report Tuesday, March 10, 2020 12:50 PM Part 1 / Question 7 [Critical Environmental Area] Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Part 1 / Question 15 [Threatened or Endangered Animal] Part 1 / Question 15 [Threatened or Endangered Animal - Name] Part 1 / Question 16 [100 Year Flood Plain] Part 1 / Question 20 [Remediation Site] Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. i m M VIT Bal al yriuti 9�oiPV�ul if�i� /,tom 1 y{ Ctllifn"a d cprces s„ E,,,r3ssnrJn,,, " .°rr�fparmnrry Iw Is' .r�Flsair�su�a' u�RaNYQatl�, 19tiCEtg1&i'T E'.sruJai�n„:90Ttl„. rvF Wi tn� & sag l on i, Egow: I rik t m m Yes Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. Yes Southern Grizzled Skipper Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Yes Short Environmental Assessment Form - EAF Mapper Summary Report I Agency Use Only [If applicable] Project: IC Butterfield Stadium Redevelopment Date: May 16, 2023 Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ✓ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑✓ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑✓ El 4. Will the proposed action have an impact on the environmental characteristics that caused the RI F-1 establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? ❑✓ ❑ b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Paget of2 Agency Use Only [If applicable] Project: IC Butterfield Stadium Redev'mt Date: May 16, 2023 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term_ long-term and cumulative impacts. This project involves removing a running track, replacing a natural grass athletic field with synthetic turf, and installing four (4) stadium light poles. The project is located within and immediately around the existing Butterfield Stadium and is not located within any Unique Natural Areas. There is no vegetation removal associated with the project. The project includes a stormwater management plan (SWPPP) that will mitigate any potential erosion, sedimentation, drainage, and flooding impacts. The proposed light poles have been designed to illuminate only the athletic field. They need to be tall enough to achieve the most efficient result and are similar heights as poles on other athletic fields on the Ithaca College campus. The poles require height variances because they are taller than the 30-foot maximum height for structures other than buildings (80', 100', 120' tall). The LED color temperature is typical of a stadium or retail commercial center (5700K) and is necessary to achieve the illumination required for athletic events. The lights comply with the Outdoor Lighting Law, are shielded, with low -glare optics, and angled away from any nearby residences, which will mitigate any potential adverse visual impacts. Regarding Part 1, question 12b: The NYSDEC EAF Mapper Program indicates that the proposal is located in an archeologically sensitive area. This area has been previously disturbed with the construction of the existing stadium and a retaining wall, so it is presumed that any archeological resources would have been discovered with prior disturbances. Regarding Part 1, question 13a: While there are several ponds, wetlands, and streams on the 757+/- acre Ithaca College property, none are located within or adjacent to the boundaries of this project. Regarding Part 1, question 15: While there is the potential that plant or animal species that are listed as threatened or endangered could exist on portions of the 757+/- acre Ithaca College property, Butterfield Stadium has been in place for many years and is located in the developed portion of the campus. It is unlikely that the project will negatively impact any threatened or endangered species. Regarding Part 1, question 20: According to the NYSDEC Environmental Site Remediation Database, there are no hazardous waste remediation sites on the Ithaca College property. The Database does show that remediation sites are located at the adjacent Former Axiohm Facility (South Hill Business Campus, Site Codes C755012A and C755012) and the adjacent Morse Industrial Corporation (Emerson/Chainworks, Site Code 755010). Both of these facilities are located on the opposite (west) side of Danby Road/NYS Route 96B and downhill of the proposed project. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 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. Town of Ithaca Zoning Board of Appeals Name of Lead Agency David Squires Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Chair Title of Responsible Officer Christine Balestra, Planner Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 3/6/2020 Environmental Site Remediation Database Search I KWYORK Department of STAT' E OF Opp OPPORTUNITY Environmental Conservation Environmental %S)ite Remiediaf,,ion Database Seard"i Details Site Record Adirninistrative Information Site Name: Former Axiohm Facility Site Code: C755012 Program: Brownfield Cleanup Program ("lass ifi catio n � C EPA ID Number: Location DEC Region: 7 Address: 950 Dianby Road City:1thaca Zip: 14850 County:Tompkins Latitude: 42.421043948 Longitude- -76.504127011 Site Type: Estimated Size: 42.53 Acres InstituticPnal And Engirieedrig Controls Control Type: Environffienta� Easement Control Elements: Ground Water Use Restriction Vapor Mitigation Soil Management Plan Landuse Restriction Building Use Restriction Site Management Plan O&M Plan Site Owrier(s) and Operator(s) Current Owner Name: SOUTH HILL BUSINESS CAMPUS, LLC Current Owner(s) Address: 950 DANBY ROAD ITHACA,NY, 14850 Site Desc-,Irlp�lJon hftps://www,dec.ny.gov/cfmx/extapps/derexternal/haz/details.cfm 1/4 3/6/2020 Environmental Site Remedlation Database Search Sununary of' Project Completiovi Dates Projects associated with this site are listed in the Project Completion Dates table and are grouped by Operable Unit (01J). A site can be divided into a number of operable units depending on the complexity of the site and the number of issues associated with a site. Sites are often divided into operable units based on the media to be addressed (such as groundwater or cant arninated soil), geographic area, or other factors, Project Completion Dates of Con cery i (Ir'tchodir,,�g IVIaterials Disposed) hftps://www,dec.ny.gov/cfm>c/extapps/derexterna1/ha7/deta!Is.cfm 2/4 3/6/2020 Environmental Site Remediation Database Search Contaminant Name/Type 1,1 dichloroethene trichloroethene (TCE) vinyl chloride Site Environmental Assessment The primary contaminants of concern at the site include trichloroethene (TCE) and its associated breakdown products. Remedial investigation (RI) data indicate a plume of groundwater and soil vapor contamination extending onsite approximately 400 feet west of the former plating and underground storage tank (UST)areas on the western side of the manufacturing building. Areas of subsurface trichloroethene (TCE) soil contamination in the low pprn range were detected on the western side of the manufacturing facility in the former UST areas. TCE was detected in soil vapor up to 5300 ug/m3 and 270 ug/m3 in samples collected below the parking lot and under the building slab, respectively. A low level of TCE (8.7 ug/m3) was detected in one offsite soil vapor sample. With the exception of one SVOC in one soil sample, commercial SCOs for soil are not exceeded. Exceedances of groundwater standards include TCE and its associated breakdown products. TCE was detected at a maximum concentration of 2200 ppb in shallow bedrock groundwater. The RI Report and the Remedial Work Plan have been approved. It has been determined that the site presents a significant environmental and health threat. Remedial action has been completed at the South Hill Business Campus BCP site, in accordance with the approved Remedial Work Plan and subsequent Remedial Design. Potential on - site contamination, associated with former USTs, soil, and groundwater, have been removed and/or treated to achieve a Track 4 cleanup level under the NYS Brownfiled Cleanup Program (BCP which relies on institutional and engineering controls consistent with the proposed commercial end use. Potential exposure to on -site contamination associated with soil, groundwater, and soil vapor, has been eliminated, to the extent practicable. Specific actions taken include: * Excavation and removal of soil adjacent to two former 9,000 gallon underground dilution thanks, and backfilling with clean soil. Excavation of approximately 200 tons of soil in the area west of the southern portion of the site building, as in -situ chemical oxidation (ISCO) trenches were dug, and show not contamination. *Injection of approximately 4,958 pounds of potassium permanganate, as 13,600 gallons of potassium permanganate solution, into ten (10) injection trenches in the target zone of groundwater contamination. * Installation of a sub -slab vapor mitigation system (SSDS) and positive pressure air exchange system in the site building as an Interim Remedial Measure (IRM) to mitigate potential soil vapor intrusion. * Development of a Site Management Plan (SMP). The remedy has been implemented, and Site Management has begun. The Department does not foresee any unacceptable impacts to the environment from the site provided the SMP continues to be implemented. Based on the remedial action, the site no longer poses a significant environmental threat. The air exchange system was shut down in June 2013 subsequent to modifications to the SSDS and indoor air testing which determined that continued mitigation in the northern portion of the building was no longer necessary. Groundwater data analysis through December 2015 indicate that most wells have lower TCE concentrations following a second injection event in 2012, however, a sustained decrease in TCE hftps://www.der,,ny.gov/cfmx/extapps/derexternal/haz/details.cfm 3/4 3/6/2020 Environmental Site Remediation Database Search levels was not observed in several wells proximate to the former source area. In October 2015, the Site Conceptual Model was modified. The performance of the remedy was evaluated in Fall 2016 and ,?, Monitored Natural Attenuation Program was implemented in Fall 2017, The effectiveness of the MNA remedy will be re-evaluated in the Fall of 2019. Site Health Assessment The only potential exposure pathway remaining on this site is from soil vapor intrusion; however, this potential for exposure in the onsite building is being controlled with the operation of a sub -slab depressurization system and positive pressure air exchange system, The potential for soil vapor intrusion to impact indoor air quality within offsite structures will be evaluated and addressed as necessary, Exposure to contaminated groundwater and soil is not expected because the area is served by public water and pavement or a building covers residual soil contamination f`�(Dr' rriore h)forrnaflon' E-rnail Us Return To Results Refine This Search hftps://Www.dec.ny.gov/cfmx/e)(tapps/derexternal/hez/detaiIs.cfm 4/4 3/6/2020 Environmental Remediation Databases RK TY Erwironner"Aal Renriediation Databases SUITHrnary of Project Completion Dates Site Name: Former Axiohm Facility Site Code: C755012 Program: Brownfield Cleanup Program Locality: Ithaca DEC Region: 7 56 1 IM91 ��� I )TIOTTT M1.1 1101177-11,11111FAIT KiTHEM 111, Project Name Completion Date Certificate of Completion 12/31/2008 Citizen Participation is an important part of the Department's efforts to remediate abandoned and inactive hazardous waste disposal sites in New York. Fact sheets have been developed to provide the public with information about the Major Mernents of the State's Superfund program (given in the completion dates above) and to help citizens understand how the program works. Refine Currer"it Seard) hftps://www.dec.ny.gov/cfmx/extapps/derexternal/haz/projectdetails.cfm 1/1 3/6/2020 Environmental Site Remediation Database Search /117 5TE RK Department of Opp TY Fnvironmental Conservation Environrrier,ital Site Rerriediatiori Database Sear,dt Details Site Re(;Oord Administrative Inforniation Site Name: OFF -SITE Former Axiohm Facility Site Code: C755012A Program: Brownfield Cleanup Program ClassfficationC EPA ID Number: Loc.ation DEC Region: 7 Address: 950 Danby Road City:lthaca Zip: 14850 County:Tompkins Latitude: 42.421111111 Longitude: -76,,504166667 Site Type: Estimated Size: 0 Acres Site Owner(s) arid Operator(s) Site Descriptiwi https://www.dec.ny.gov/cfmx/extapps/derexternal/haz/details.cfm 1/3 3/6/2020 Environmental Site Remediation Database Search drawings as the National Cash Register (NCR) sewer. The NCR sewer intersects sanitary sewers from two other local manufacturing facilities: the Emerson Facility (Superfund Site No. 755010) and the Therm Facility, The sanitary sewer on Turner Place originates from the Emerson Facility. The flow from the NCR sewer formerly combined with Emerson's sewer on Turner Place. The sanitary sewer line originating at the Therm Facility flows north on a portion of Hudson, and makes a 90 degree bend at Columbia, flows one block west down upper Columbia, where it meets the NCR sewer at S. Aurora St. It then continues on to Turner Place, where all three Facility sewer lines intersect. In November 2005, in conjunction with ongoing investigation activities, Emerson collected four soil vapor samples along the portion of the line that traverses its property to evaluate the potential for releases of VOCs from the sewer line itself. Six chlorinated volatile organic compounds (CVOCs) were detected, including trichloroethene (TCE), tetra cl oroethylen e (PCE), 1,1,1-tricloroethane (1,1,1 TCA), and cis- 1,2 Dichloroethene (cis-1,2 DCE). In June 2006, South Hill Business Campus collected three soil vapor samples along the NCR sewer line on its property as part of the BCP investigation. The concentration of TCE was elevated near the center of the site, but the level dropped off significantly over the sewer line at the property line. In July 2007, Emerson collected three additional soil vapor samples along the NCR sewer line in an area between the Former Axiohm Facility and the November 2005 sample locations. Elevated levels of TCE, PCE, and 1, 1, 1 -TCA were also detected in each of these samples. Based on this information, the NYSDEC approached Emerson and National Cash Register (former owners of the Axiohm Facility) to conduct additional sampling along these sewer lines; however, each declined. Therefore, between September 2007 and November 2008, the NYSDEC installed additional soil vapor points along the off site portion of the NCR sewer line and conducted soil vapor intrusion (SVI) testing in 28 structures in the Phase VI study area (i.e., buildings on Columbia St., east of Turner Place, and on S. Aurora St.). These results indicated that actions to either reduce the potential for SVI to impact indoor air quality, or take reasonable and practical actions to identify source(s) and reduce exposure, were recommended in four properties. Sub slab depressurization systems (SSDS)were subsequently installed in two of the four homes in the Fall of 2009. As a result of the Phase VI study and soil vapor investigations conducted by NYSDEC along the Therm Facility sanitary sewer in November and April 2008, a seventh phase of structure sampling was completed in May 2011. The Phase VII SVI tesing included 29 residential structures located along upper Columbia Street between S. Aurora and Hudson Streets, along Hudson St. between Columbia Street and the nature trail, along Crescent Place, and along a portion of Pearsall Place. The NYSDEC had approached Therm to perform this sampling, however they declined. In addtion, at DEC's request, Therm completed a passive soil vapor investigation in November 2011 to evaluate the presence and spacial distribution of CVOCs in shallow soil vapor at two Phase VI I structures north of the Therm facility. Based on the results of the Phase V11 SVI testing, mitigation systems were installed by DEC in two residential homes and enhancements made to existing radon systems in two other homes in June 2011 and Feburary 2012, respectively. In June 2012, at the request of the DEC, Therm installed three groundwater monitoring well pairs on the Therm property. These wells were sampled by Therm in January, June and October 2013. In Fall 2012, DEC conducted SVI testing in four addtional homes in the Phase VI I study area. Two addtional mitigation systems were installed in February 2013 as a https://www.dec.ny.gov/cfmyJextapps/derexternal/haztdetails.cfm 2/3 lzlr � Environmental Site Remediation Database Search result of this testing. In March 2014, DEC conducted a final round of SVI testing in six homes located along the western boundary of the Phase V11 testing area, Based on the groundwater sampling results and final round of SVI testing, no further action is necessary at this site. In April 2015, a settlement consent order was executed between Therm and DEC, Site Envii-oni''nental Assessment Historic releases of solvents from the former NCR Facility and the Therm Facility aged sanitary sewer lines have migrated and flowed along the surrounding bedding material, where present, or directly into the fractured bedrock directly below the sewer line. The primary contaminants of concern at the site in soil vapor include tetrachloroethene (PCE) and its breakdown products, trichloroethene (TCE) and 1,2 dichloroethene (DCE), These constituents have been detected above Class GA groundwater standards in two onsite wells at the Therm facility and in a residential sump sample, Site Health Assessi'viev it A health assessment summary for this BCP C755012 off -site work will be provided when sufficient information becomes available to complete the assessment. E-rna Us Return To Results Refine This Search hftps://www,dec.ny,gov/cfmx/extapps/derexternal/haz/details.cfm I/q Department of Planning & COMMISSIONER Katherine Borgella Sustainability DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 1 Phone: (607) 274-5560 1 tompkinscountyny.gov/planning April 21, 2023 Lori Kofoid, Administrative Assistant Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -1, -m and -n of New York State General Municipal Law Proposed Action: Variance for proposed Ithaca College Butterfield Stadium Lighting, Tax Parcel #41.-1-30.2, Ithaca College, Owner; Mabel Gutliph, Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -1, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county -wide or inter -community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, 4�t- 4'4�� Katherine Borgella, AICP Commissioner of Planning and Sustainability Creating and implementing plans that position Tompkins County communities to thrive. �r�^�� �� ������������ (V � � �� �� COLLEGE ��. �i ��� �� This Agreement iSmade between Ithacg.,ggLege ("the CoUege")@nd ("Contractor"), a corporation iODoq]Orot8d and in good standing in the State Of New York with current authority to do bUSiO8SS in the State OfNew York. W46011AM In CoOSid8r8tOD of the DlUtU@| COV8D8Ots' p[OnOiS8S. and CODditiOOS contained in this Agreement, the College and Contractor agree 8Sfollows: 1.0 Scope of Contract 1.1 The Contractor agrees to furnish and provide all the supplies, materials and labor, and to perform to the S@1iSf@CtiOO of the C|O||Bge all vVOdk of every kind required, DeC8SS@ry Or proper for Or incidental to the Butterfield Stadium Conversion and Track at Yavits, Project #12823 as per WORK: To include the Butterfield StadiUni Conversion and Potential Alternates of Future Track at Yavits al Ithaca College, hereinafter called the "Project", in strict accordance with this Contract, the Proposal, the Drawings and Specifications and the prescribed bonds, hereinafter collectively called the "Contract" or "Contract Documents", all of which have been examined by the Contractor and are deemed to be a part of this Contract. 1.2 The Contractor represents that it is fully licensed to perform all work in this Agreement, is experienced and skilled in this type Of project, and is f8nli|iGrVVith all applicable |8vVS, regu|8tiOn8, and guidelines pertaining to this type of work, and is fully informed of the condition n8|8tiOg to cDOSt[uCtiOO and labor for the specific projects th@tvvi||b8perfOrrD8d. 1.3 The Contractor warrants that itwill comply with all applicable environmental laws concerning handling, transport, and disposing of materials, and with all other applicable fed8nB|. St8t8' and |OC@| |ovVS, rU|eS' or decisions respecting the construction to be effected hereunder. 2.0 Time of Performance The Contractor shall begin On Decen7ber 1, 2022 and Substantially Complete all the work covered by the Contract to the satisfaction of Ithaca College and in accordance with the Contract Documents by and Completion on October 31, 2023 unless such period iSotherwise extended by the College, or be responsible to the College for any da--mage caused by the failure or omission by the Contractor to comply with this paragraph. 3.0 Performance and Payment Bond (BOND NOT REQUIRED ON THIS PROJECT) 4.0 Payment 4.1 The College Sh8|| pay tDthe Contractor and the latter shall eoceotaefull and connn|ete payment for the performance «f+h/z,''IDOtr@Ctfor the total sum Of �which sum iSthe 8rODUOtOfthe contract consideration. (Project #12823, CCarkCompanies, <3utterfiefdStadium Conversions and 2'rackat Tavits 2 If the progress and performance of the work is satisfactory to the College, the latter, upon application submitted by the Contractor and approved by the Architect, if any, and the College, will make periodic progress payments of the contract consideration to the Contractor, the amount of such progress payments to be based upon the value of the work performed by the Contractor since the last previous progress payment, less an amount equal to 10% thereof, which sum the College shall reserve from each progress payment until all the work covered by the Contract has been completed. 4.2 Time of Payment. The College shall make payment in the manner provided in this Agreement within thirty (30) calendar days of receipt and approval of submitted invoice. 4.3 Upon the completion by the Contractor and acceptance by the College of all the work covered by the Contract, the College shall make a final payment equal to the amount of the Contract consideration less all previous payments by the College to the Contractor. 4.4 The amounts allowed for overhead and profit for a change resulting in an increase in Contract price may be less than, but shall not exceed, the applicable percentages as follows: (a) For work done directly by the contractor, the sum of overhead amount plus profit amount shall not exceed 15% of the cost. (b) For work done by subcontractors of any tier, the sum of total overhead amounts of the subcontractors and contractors, plus total profit amounts for the subcontractors and contractor shall not exceed 20% of the cost. Subcontractor shall be limited to 15% and the contractor shall be limited to 5% for combined overhead and profit. Where work necessitated by the change order involves overtime, no payroll taxes, overhead or profit will be allowed on the premium portion of the overtime pay. 4.5 The acceptance by the Contractor, or by anyone claiming by or through him/her, of the final payment shall constitute and operate as a release to the College from any and all claims of any liability for anything done or furnished for or relating to or arising out of the work covered by the Contract and for any prior act, neglect or default on the part of the College or any of its officers, agents, or employees in connection therewith. Should the Contractor refuse to accept the final payment as tendered by the College or should he/she refuse to execute the final application for payment without protest and without reserving any rights or claims against the College, it shall constitute a waiver of any right to interest on the payment so tendered and/or on the amount set forth in said final application for payment. 4.6 The Contractor shall furnish the College with the Contractor's Federal Tax Identification Number. 4.7 All invoices shall be mailed to the College's Representative Ernie McClathie, Director of Maintenance, Grounds & Transportation, 201 Office of Facilities, 953 Danby Road, Ithaca, New York 14850. The Contractor shall reference the College's General Capital Contract No. on all invoices submitted which is found on the first page. 5.0 Contractor's Obligations 5.1 If Contractor performs work knowing it to be contrary to laws, statutes, building codes, and rules and regulations without such notice to the College, Contractor shall assume full responsibility for such work and bear the attributable costs. 5.2 Contractor shall supervise and direct the work, using Contractor's best professional effort, skill, and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures for the project unless Contract documents give other specific instructions. 953 Da11by Road . Ithaca, NY 14850 • (607) 274-3225 • (607) 274-1619 fax ithaca.edu ,Project #12823, CfarkCompanies, Butter iefdStadium Conversions and7rackat Tavits 3 5.3 Contractor shall confine operations at the site to areas permitted by law, ordinances, and permits and shall not unreasonably encumber the site with materials or equipment. Contractor shall keep the premises and surrounding area free from accumulations of waste materials or rubbish caused by operations under the Contract. At completion of the work, Contractor shall remove from the project site(s) any waste materials, rubbish, tools, construction equipment, machinery, and surplus materials. If Contractor fails to clean up, the College will withhold a portion of final payment to cover the costs where the contractor failed to clean up the site including all disposal fees. 5.4 Fencing off — (if applicable to the project) Prior to the start of the project, a drawing showing the fenced off area will be submitted for approval by the College. The construction site is the responsibility of the contractor, and, when deemed necessary for a project, must be completed as an initial step of the mobilization process." 5.5 Safe walkways around the perimeter of the construction site must be maintained at all times. Contractor's vehicles, equipment, etc. cannot permanently nor temporarily block pedestrian walking paths. 5.6 The Contractor shall preserve and protect all cultivated and planted areas, and all natural vegetation such as trees, shrubs, and grass on or adjacent to the premises which as determined by the Owner, do not unreasonably interfere with the performance of the work. The Contractor shall be responsible for damage to any such property and unauthorized cutting or destroying of trees and vegetation, including damage due to careless operation of equipment, stockpiling of materials or tracking by equipment or vehicles. 5.7 Contractors/Vendors — College keys/fobs will be accessed and returned on a daily basis from the Maintenance Shop to contractors/Vendors working on campus. The required keys/fobs will be determined by the Director of Planning, Design and Construction and/or the Director of Facilities Maintenance. Access to the required keys will be set by the Office of Facilities and the ID Office. (a) A completed "Contractor/vendor Key/Fob Request Form" will be filled out before the keys/fobs are issued (see attached example page 11). All keys must be personally signed for by the contractor's representative to whom the keys/fobs are issued. When Residence Halls are occupied, access to these areas will be determined through Planning, Design and Construction or Residential Life (occupied rooms will require a college assigned escort). (b) Duplicates of outstanding (uncleared) keys will not be issued. Per key policy contractors/vendors will be charged for any costs related to lost/stolen keys. Stolen/Lost Key Procedures Reporting 1. It is the responsibility of the contractor/vendor, to report lost or stolen keys. Stolen/lost keys need to reported immediately to both Public Safety and Planning, Design & Construction office; when they are determined to be lost/stolen. 2. Contact Public Safety to file a lost or stolen property report. An incident report must be filed with Public Safety, and the incident number will be required for obtaining replacement keys. 3. The Office of Facilities and Office of Public Safety will consult to determine if, the safety or security reasons, re -keying is required. Consultation may include the Office of Residential Life, where appropriate. 953 Danb37 Road • Ithaca, "NY 14.850 ° (607) 274-3225 > (607) 274-1619 fax ith ca.edu Troject #12823, CfarkC'ompanies, 43utterfiefdStadium Conversions and7rackat Tavits 51 Charges/Accountability for lost/stolen keys 1. Contractor will be charged the rekey cost of $48.00 per recore plus $10.00 for each key cut when an individual room/office key is lost/stolen. 2. Lost Key charge will not be refunded, once the new key has been cut. 3. These charges will include any and all labor costs that the College incurres to rekey all areas/buildings the lost key is associated with. Any contractor or vendor who needs to access the campus facilities for emergencies, (outside of normal business hours), will pick up their keys at the Office of Public Safety dispatch window. These contractors/vendors will need to have either a college provided contractor/vendor card or an ID card issued by their place of employment. ID cards will also be issued for contractors/vendors Supervisors who have contracts for work on the campus. 6.0 Public Safety and Risk Involving Property In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor, without special instruction or authorization from the College, is hereby permitted to act at his or her discretion to prevent such threatened loss or injury, and he shall so act without appeal if so authorized or instructed. Any compensation claimed by the Contractor on account of emergency work, shall be determined by the College and Architect. 7.0 Guarantees 7.1 The Contractor, at the convenience of the College, shall remove, replace and/or repair at his/her own cost and expense any defects in workmanship, materials, ratings, capacities or characteristics occurring in or to the work covered by the Contract within the (1) year or within such longer period as may otherwise be provided in the Contract, the period of such guarantee to commence with the College's final acceptance of all work covered under the Contract or at such other date or dates as the College may specify prior to that time, and the Contractor, upon demand, shall pay for all damage to all other work resulting from such defects and all expenses necessary to remove, replace and/or repair such other work which may be damaged in removing, replacing or repairing the said defects. 7.3 Unless such removal, replacement and/or repair shall be performed by the Contractor within ten (10) working days after he receives written notice from the College specifying such defect, or if such defect is of such a nature that it cannot be completely removed, repaired and/or replaced within said ten (10) day period and the Contractor shall not have diligently commenced removing, repairing and/or replacing such defect within said ten (10) day period and shall not thereafter with reasonable diligence and in good faith proceed to do such work, the College may employ such other person, firm or corporation as it may choose to perform such removal, replacement and/or repair and the Contractor agrees, upon demand, to pay to the College all amounts which it expends for such work. 8.0 Default of the Contractor In the event that the Contractor shall fail to proceed with the work when and as directed by the College or the Architect or if the Contractor in the opinion of the College, shall fail to carry on the work with proper speed or if the Contractor shall otherwise fail to comply with the provisions of this Contract, the College, upon fourteen (14) days written notice to the Contractor, may declare the Contractor in default of this Contract and arrange for the work to be finished in such manner and method as may be deemed advisable by the College. If the College declares the Contractor in default, the Contractor shall be liable to the College for the cost of all additional architectural and engineering services necessary, in the College's opinion, as a result of such default. The College shall deduct from the contract consideration the cost of such additional services and, if the College has the work completed by other than the Contractor's surety, the actual cost of completion of all work covered by the Contract. If the 953 Darby Road . Ithaca, NT 14350 • (607) 274-3225 - (607) 274-16ic) fax Ithaca.edu (Project #12823, CCarkCompanies, (Butterfi'e(dStadium Conversions andTrackat 2'avits 5 unpaid balance of the contract consideration, including retainage from progress payments, is insufficient to pay such costs, then the Contractor, upon demand, shall pay the College the amount of such excess costs. 9.0 Indemnification and Hold Harmless Contractor shall assume the defense of, and shall indemnify and hold harmless Ithaca College and their officers, agents, consultants and employees, from and against any and all loss, liability, expense, claim, costs, suits and damages of every kind, nature and description directly or indirectly arising from all work performed under this contract. (a) To the fullest extent permitted by law, the Contractor agrees to perform the work in a safe and proper manner and, so as to comply with all laws and ordinances referring to such work, and will indemnify and save the indemnities and, in the case of each of them their respective agents, consultants, servants and employees, harmless such indemnity, as used in this article, to include the defense of claims made against the Indemnities against all penalties for violation of same. To the fullest extent permitted by law, the Contractor hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature to property, including adjoining property, caused by or resulting from the execution of work or occurring in connection therewith, and agrees to indemnify and save harmless the Indemnities from and against any and all claims, liability, loss and expense by reason of any liability imposed upon the Indemnities for damage because of injury to or destruction of property, caused or occasioned directly or indirectly by the negligence of the Contractor, its agents or employees, in the performance of work under this contract, or resulting from the use by the Contractor, its agents or employees, of any materials, tools, hoists, ladders, implements, appliances, scaffolding ways, works, machinery or other property of the Indemnities, whether or not the Indemnities are negligent in such event. The Contractor shall be solely responsible for the safety of its work and all equipment and materials to be used therein until final completion and acceptance of the same shall promptly at its own expense repair any damages to the same, however cause. (b) The Contractor solely assumes all risks, except those risks caused by defects in the drawings or specifications prepared or furnished by the Owner or the Architect, for loss or damage, occurring prior to the Owner's acceptance of all work, to all or any part of the work covered by the Contract and for all claims, losses and damages for bodily injury, including death, and property damage arising out of or as a result of or in connection with the performance by the Contractor of the work covered by the Contract. c) The Contractor's obligations under this section shall not be deemed waived, limited or discharged by the enumeration in the Contract Documents of the kinds and amounts of insurance that the Contractor is required to and/or does procure. (d) Neither the Owner's final acceptance of the work to be performed hereunder nor the making of payment therefore shall release the Contractor from their obligations under this section. (e) Nothing in the Contract Documents shall create or give third parties any claims or rights of action against the Owner to persons on, about or adjacent to the premises where the work is being performed. (f) Ithaca College reserves the right to retain whatever funds which would be due Contractor under this contract until such suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished. 953 Danby Road . Ithaca, NT 14850 • (607) 274-3225 • (607) 274-1619 fax ithaca.edu (Project #12823, ClarkCompanies, Outterfi'efdStadium Conversions andTrackat 1)avits 10.0 Insurance 10.1 Contractor shall at its own expense obtain and maintain insurance, in accordance with the terms of Schedule A —Insurance, made a part hereof and attached hereto, to cover activities of Contractor and its subcontractors, agents, and/or employees. 10.2 In accordance with Schedule A, Contractor agrees to maintain insurance, on a per project basis, naming Ithaca College as additional insured and to provide the College with a certificate evidencing such insurance coverage in the manner described in Schedule A. 10.3 The Contractor's obligations under this section shall not be deemed waived, limited or discharged by the enumeration in the Contract Documents of the kinds and amounts of insurance that he is required to and/or does procure. 11.0 Relationship between the Parties 11.1 Contractor is an independent contractor of the College and not the agent or employee of the College. Nothing in this Agreement shall be deemed to make the College and Contractor partners or to create a relation of principal and agent between them, nor shall either party be bound by any representation, act or omission of the other made contrary to the provisions of this Agreement. 11.2 The College shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law. Upon receiving payment from the College, Contractor shall promptly pay each subcontractor furnishing materials or services, the amount to which said subcontractor is entitled, less any amounts actually retained from payments to Contractor on account of such subcontractor's portion of the work. Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to sub -subcontractors in similar manner. 12.0 Non-discrimination 12.1 The Contractor, subcontractor, or any person acting on behalf of the Contractor will not discriminate against any employee or applicant for employment in the performance of this contract or any subcontract thereunder because of Equal Employment Opportunity protected class status including age, race, disability, ethnicity, national origin, religion, sex, sexual orientation, marital status, Vietnam Era or special disabled veteran status as applicable under federal, state and local laws. 13.0 Accountings Inspection and Audit The Contractor agrees to keep books and records showing the costs incurred for the Work. Such books and records (including, without limitation, any electronic data processing files used by Contractor in analyzing and recording the Work) shall be open for inspection and audit by the College and its authorized representatives at reasonable hours at Contractor's local office or at the College's office, if necessary, and shall be retained by Contractor for a period of seven years after the Work has been completed. Each Contractor shall be similarly obligated to maintain, for inspection and audit by the College, books and records respecting the Work. 14.0 Liens Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the College a complete release or discharge of all liens arising out of this Contract, or receipts in full in lieu thereof and, in either case, an affidavit that so far as he has knowledge or information that the releases and receipts include all the labor and materials for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a receipt or release in full, furnish a bond satisfactory to the College, to indemnify the College against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the College all monies that the later may be 953 Daiiby Road . Ithaca; NTY 14860 • (607) 274 3225 > (607) 274-16i9 fax ithaca.edu Project #12823, CCarkCompanies, OutteOWStadium Conversions and7rackat Tavits 7 compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. No partial or progress payments shall be made to the Contractor as long as a lien is outstanding on the real property of the College by reason of claims arising out of the work of this Contract. 15.0 Non -Waiver The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from the Agreement shall be binding on any subsequent occasion; and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing. 16.0 Force Majeure In the event the Premises are rendered unsuitable for the conduct of activities or events by reason of Force Majeure, the College may terminate this Agreement by written notice 30 days following such casualty and the College shall not be responsible for any damages sustained by Contractor but Contractor shall be entitled to a pro rata return of any sum paid or any other acceptable arrangement mutually agreed to by the parties. "Force majeure" shall mean fire, earthquake, flood, act of God, strikes, work stoppages, or other labor disturbances, riots or civil commotions, litigation, war or other act of any foreign nation, power of government, or governmental agency or authority, or any other cause like or unlike any cause above mentioned which is beyond the control or authority of the College. 17.0 Severability and Savings Clause. In the event one or more clauses of this Agreement are declared illegal, void or unenforceable by a court of competent jurisdiction, that shall not affect the validity of the remaining portions of this Agreement. 18.0 Entire Agreement; Modification. The Contract Documents constitute the entire agreement between the parties hereto and no statement, promise, condition, understanding, inducement or representation, oral or written, expressed or implied, which is not contained herein shall be binding or valid and the Contract Documents shall not be changed, modified or altered in any manner except by an instrument in writing executed by the parties hereto. 19.0 Provisions Required by Law Each and every provision required by law to be inserted in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein and in the event any such provision is not inserted or is not correctly inserted then, upon the application of either party, this Contract shall forthwith be physically amended to make such insertion or correction. This Agreement contains all the terms between the parties and may be amended only in writing signed by both parties. 20.0 Governing Law This Agreement shall be governed by the law of the State of New York. Any and all proceedings relating to the subject matter hereof shall be maintained in New York State Supreme Court, Tompkins county or the federal district court for the Northern District of New York, which courts shall have exclusive jurisdiction for such purposes. 9:53 Danby Road . Ithaca, hn' 14850 - (607) 274--D226 • (607) 274-1619 fax 1thaca.edu Project #12823, C[a-rfi,,C'ompanies, Buttei)%CdStadium Conversions and TrackatYavits 8 IN WITNESS WHEREOF, the parties have hereunto executed this Agreement on this day of 20 ntth heii by and through dul authorized representatives, as set forth below. (Signature) (D teJ c L&-xeec1'V OJ'411'�--M (Printed Name) (Title) a, Z (Sign-at"ur'e) (Date) (Signature) (Date) Steve Dayton Timothy Downs (Printed Narne) (Printed Name) Director of Planning Design and Construction VP of Finance Administration/CFO (Title) (Title) 95:),Dan1DyRoad - Rhaea, NY I�850 - (00)274--:7'2Z25 - (607) 274-i6i.c) fax ithacaedu Project #12823, CCarkCompanies, (ButterjiefdStadium Conversions and7racfi at (Yavits 9 SPECIAL CONDITIONS FOR Ithaca College Construction Planning and Design General Capital Contract Qualifications of Contractors All prospective contractors are hereby notified that, on request of the College, they must be able to prove to the satisfaction of the College, that they have the skill and experience, as well as the necessary facilities, ample financial resources, organization and general reliability to do the work to be performed under the provisions of the Contract, in a satisfactory manner and within the time specified. 2. Storage of Material and Equipment All material shall be stored in a neat, orderly manner within the confines of the contractor's footprint (to be determined prior to the project's start date). 3. Compliance to Document Follow drawings in the laying out of work and inspect locations of existing utilities and site conditions to be dealt with in the execution of this work. 4. Submittals After execution of Contract, and ordering of material, submit for approval the list of all materials, shop drawings and equipment proposed for use to avoid delay in construction schedule. Intention of using specified materials does not relieve obligation of submitting this list. 5. Permits Contractor shall obtain, maintain and pay for all permits and licenses necessary for the execution of the Work and for the use of such Work when completed. The Contractor shall give all notices, pay all fees and comply with all laws, rules and regulations applicable to the Work. 6. Changes within the Scope of the Work The Contractor shall, with the written approval of the College's representative, and without extra charge, make reasonable modifications in layout needed to prevent conflict with existing conditions for proper execution of this work. Clean Up Contractor shall, at all times during the progress of his or her work, keep the site and adjacent roads (including street sweeping) and sidewalks free from accumulation of waste matter, dirt and rubbish. At the completion of the work, all excess materials, earth, etc., shall be removed from the site. 953 Danby Road • Ithaca, INTY 14850 • (607) 274-3225 - (607) 274-1619 fax 1thaca.edu Project #12823, Clark Companies, 1ttter iefdStadium Conversions and7rackat Tavits 10 8. Supervision Contractor shall supply services of an experienced and competent supervisor who shall be constantly in charge of work at the site and shall remain onsite until 100% completion of the project including any punchlist work required. 9. Representative of Ithaca College Ithaca College will assign a representative of the College. Only directives from Ithaca Colleges designated representative Ernie McClathie (Project Manager) shall be recognized by the Contractor. 10. Employment Practices The Contractor warrants that with respect to all of its employees working on the College's premises, the Contractor is in compliance with all federal, state and city laws, rules and regulations relating to labor relations, fair employment practices, pay rates, safety and similar rules and regulations. 11. Parking Permits Parking Permits are the contractor's responsibility to obtain. All contractors, sub- contractors and major vendors must obtain a college parking permit. (Parking Permits — can be obtained at the Office of Parking Services located within the Office of Public Safety on Farm Pond Road.) 12. Parking Parking near and around campus is limited. Contractor parking will be restricted to Red and Green parking lots when there is adequate access parking (depending on time of year). Only Superintendents and site sensitive equipment, personnel and delivery vehicles will be allowed on site parking privileges. These permits must be approved by the Director of Facilities Planning, Design and Construction. Contractor parking will not necessarily be accommodated immediately adjacent to the work site. Students and staff members have priority parking rights to College lots. It may be necessary to designate contractor parking in remote campus lots or locations, thereby requiring the contractor to arrange for shuttling to and from the job site (at no cost to Ithaca College). Final parking arrangements for projects will be discussed prior to the project kick- off, but the College will make the final determination on where contractors can and cannot park. Contractors or their subs who are ticketed are responsible for all fines, booting/towing expenses, etc. Ithaca College assumes no responsibility and will not seek to have fines or other costs waived. 953 Darby Road • Ithaca, N>Y 14850 • (607) 27Q-3225 • (607) 274-1619 fax ithaca.edu (Project #12823, Clad Companies, fttterfi'efdStadium Conversions and 7rack at'),`avits a Ithaca College Planning, Design and Construction 201 Facilities Building Ithaca, NY 14850 607-274-1663 Key Transaction Date Company Name Company Address Company Phone Project Manager/Office Contact_ Employee (Name & ID # Required) Cell Phone Transaction: Tag # Quantity Key/Fob # Building Requestor Signature: nt: College Keys will be accessed and returned on a daily basis from the Facilities Maintenance Shop. Stolen/Lost Key Procedures A. Reporting 1. It is the responsibility of the employee, contractor/vendor, affiliate, or student to report lost or stolen keys. (a) Stolen/lost keys need to reported immediately; when they are determined to be lost/stolen (b) For student residential keys, lost or stolen keys must be reported to the residential area office in accordance with their designated residence. (c) For employee, contractor/vendor, or affiliate lost or stolen keys must be reported to Public Safety, Office of Facilities and to the Department originally authorizing the keys. 2. Contact Public Safety to file a lost or stolen property report. An incident report must be filed with Public Safety, and the incident number will be required for obtaining replacement keys. 3. The Office of Facilities and Office of Public Safety will consult to determine if, the safety or security reasons, re - keying is required. Consultation may include the Office of Residential Life, where appropriate. B. Charges/Accountability for lost/stolen keys 1. Contractor will be charged the rekey cost of $48.00 per recore plus $10.00 for each key cut when an individual room/office key is lost/stolen. 2. Lost Key charge will not be refunded, once the new key has been cut. 953 Banby Road . Ithaca, NT 14850 . (6o3) 274-3225 > (607) 274-161g fax ithaca.edu Troject #12823, CfarkCompanies, OutterfierdStadium Conversions andTrackat Tavits 12 Date Project Address City County State FINAL RELEASE FINAL WAIVER OF CLAIMS AND LIENS AND RELEASE OF RIGHTS Contract Date Contract Price Net Extras and Deductions Adjusted Contract Price Amount Previously Paid Balance Due - Final Payment The undersigned hereby acknowledges that the above Balance Due when paid represents payment in full for all labor, materials, etc., furnished by the below named Contractor or Supplier in connection with its work on the above Project in accordance with the Contract. In consideration of the amounts and sums previously received, and the payment of $ being the full and Final Payment amount due, the below named Contractor or Supplier does hereby waive and release the College from any and all claims and liens and rights of liens upon the premises described above, and upon improvements now or hereafter thereon, and upon the monies or other considerations due or to become due from the College or from any other person, firm or corporation, said claims, liens and rights of liens being on account of labor, services, materials, fixtures or apparatus heretofore furnished by the below named Contractor or Supplier to the Project. The premises as to which said claims and liens are hereby released are identified as follows: The undersigned further represents and warrants that he/she is duly authorized and empowered to sign and execute this waiver on his/her own behalf and on behalf of the company or business for which he/she is signing; that it has properly performed all work and furnished all materials of the specified quality per plans and specifications and in a good and workmanlike manner, fully and completely; that it has paid for all the labor, materials, equipment and services that it has used or supplied, that it has no other outstanding and unpaid applications, invoices, retentions, holdbacks, expenses employed in the prosecution of work, chargeback's or unbilled work or materials against the College as of the date of the aforementioned last and final payment application; and that any materials which have been supplied or incorporated into the above premises were either taken from its fully -paid or open stock or were fully paid for and supplied on the last and final payment application or invoice. The undersigned further agrees to defend, indemnify and hold harmless the College for any and all losses or expenses (including without limitation reasonable attorneys' fees) should any such claim, lien or right of lien be asserted by the below named Contractor or Supplier or by any of its or their laborers, material person or subcontractors. In addition, for and in consideration of the amounts and sums received, the below named Contractor or Supplier hereby waives, releases and relinquishes any and all claims, rights or causes of action in equity or law whatsoever arising out of through or under the above mentioned Contract and the performance of work pursuant thereto. The below named Contractor or Supplier further guarantees that all portions of the work furnished and installed are in accordance with the Contract and that the terms of the Contract with respect to this guarantee will remain in effect for the period specified in said Contract. Sworn to before me this Corporation or Business Name day 20 By: Title 953 Danb)7 Road - Ithaca, NI' 14850 - (607) 274-322j • (607) 2i4-1619 fax ithaca.edu Troject #12823, CfarkConapanies, (ButterRefdStadium Conversions and7rackat O'avits 13 SCHEDULE A INSURANCE REQUIREMENTS The Contractor shall take all necessary precautions for the safety of employees on the worksite, and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accident or injury to persons on, about or adjacent to the premises where work is being performed. Contractor shall erect and properly maintain at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall post danger signs warning against the hazards created by this work. The Contractor agrees to indemnify and hold harmless Ithaca College from claims for losses and damage for bodily injury, including death, and property damage arising out of, or as a result of, or in connection with the performance by the Contractor of the work covered by this contract. Contractor shall maintain the following coverage: Workers' Compensation insurance policies in full compliance with the Workers' Compensation Laws of the State of New York and all states where the work is performed or in which a claim shall be presented, with Coverage B — Employer's Liability with limits of $1,000,000 each accident for Bodily Injury by Accident, $1,000,000 each employee for Bodily Injury by Disease, and $1,000,000 policy limit Bodily Injury by Disease, covering operations of the Contractor and its Sub -Contractors performed in connection with the work at the project site and where employees are dedicated to the project site. Comprehensive Commercial General Liability insurance, on an occurrence form, including premises -operations, hazards of explosion, collapse and underground, elevators, independent contractors, completed operations (3 year post- completion), cross -liability, severability of interest, broad form blanket contractual liability coverage for claims arising out of the work hereunder for personal injury, bodily injury and property damage, and products and completed operations, with available limits not less than $1,000,000 combined single limit per occurrence, $2,000,000 general annual aggregate, and $2,000,000 completed operations aggregate. Comprehensive Automobile Liability insurance covering all owned, non -owned and hired automobiles. The limits of liability to be provided shall be not less than $1,000,000. Combined Single Limit each occurrence for Bodily Injury and Property Damage. Excess Umbrella Liability insurance over all underlying exposures including, without limitation, operations and completed operations, with limits of not less than $5,000,000. Should aircraft of any kind be used by the Contractor or its Sub -Contractors or by anyone else on their behalf, the Contractor shall maintain or cause to be maintained aircraft liability insurance including bodily injury, property damage and passenger liability, as respects any aircraft owned, used, operated or hired in connection with the work by the Contractor, Sub -Contractors, or anyone else, with limits of $100,000,000 combined single limit for bodily injury and property damage any one occurrence. Furthermore, the Contractor shall secure the following terms and conditions to the policies listed: 953 Danby Road . Ithaca, NZ 14850 • (607) 274-3225 . (607) 274-16ic) fax Itbaca.edu (Project #12823, CCarkCompanies, Butterfi'e(CStadium Conversions and7rackat 2'avits 14 All insurance carriers shall be authorized in the State of New York, acceptable to the Owner, and with a minimum rating of "A," Class X in Best's Key Rating Guide published by A.M. Best and Company, Inc. The insurance may be provided in a policy or policies, primary and excess, including the so-called Umbrella form, which may include the coverage, or layer thereof, of the insurance required by Ithaca College. The terms and conditions of all insurance provided by the Contractor shall be acceptable to Ithaca College. The limits of liability shall be as stated herein, unless prior to commencement of any work, written approval is granted by the Ithaca College for variance from those limits. Each insurance policy required to be provided, with the exception of the Workers' Compensation and Employer's Liability, shall be endorsed. To name as additional insured Ithaca College, their directors, members, officers, employees, assigns, successors, and all other persons or entities as may be reasonably required by Ithaca College. The coverage afforded the additional insured under these policies shall be primary insurance, and the policies shall include a severability of interest or cross -liability endorsement. If the additional insured has other insurance, which is applicable to the loss, such other insurance shall be on an excess, secondary and non-contributory basis. To provide that, in the event of any claims made by reason of bodily injury, personal injury or property damage which would be controverted, denied, or otherwise not covered by respecting the named insured due to a breach of a policy warranty or violation of a policy condition, such controversion, denial or otherwise shall not be imposed by the insurance company respecting the additional insured in the above paragraph. To provide that, in the event of any claims being made by reason of bodily injury, personal injury or property damage sustained by any agent, servant or employee of one insured for which another insured is or may be liable, then the policy shall cover such insured against whom a claim is made in the same manner as if a separate policy had been issued to each insured. To provide that the carrier(s) shall provide written notice to Ithaca College at least thirty (30) days prior to the date that any coverage or limits of liability shall be materially altered, non -renewed, canceled, reduced or allowed to expire. To provide that coverage will be provided for the indemnification obligation assumed by the Contractor. The Contractor shall furnish any Sub -Contractor, vendor, material supplier, haulers and/or independent haulers, or other party a copy of these insurance provisions and shall make the same requirements to them with respect to their sub -contract or procurement procedures. The duties, obligations and requirements of these insurance provisions shall apply and not be deviated to any additional parties employed by the contractor. Prior to the date on which the Contractor or its Sub -Contractors, and including vendors, material suppliers, haulers, or others who merely transport, pick up, deliver or carry materials, commences performance or operations under the Contract, the Contractor shall cause to be furnished to Ithaca College certificates of insurance evidencing all insurance as required herein, and which shall contain a provision the coverage and limits of liability afforded under the policies shall not be materially 953 Danby Road • Ithaca, NTY 14850 • (607) 274-3225 . (607) 274-1619 fax ithaca.edu Troject #12823, Clark Companies, fttterfzefdStadium Conversions and7rackat '�_'avits 15 altered, non -renewed, canceled, reduced or allowed to expire without thirty (30) days prior written notice to the certificate holder. In addition to providing any notice or complying with any other reporting requirements imposed by any policy hereunder, the Contractor shall immediately report in writing to Ithaca College designated insurance representative, any claim under any of the coverage mentioned herein. The Contractor agrees to cooperate with Ithaca College in promptly releasing reasonable information periodically as to the disposition of any claims, including a resume of claims experienced relating to Ithaca College. All policies of insurance that are in any way related to the work under the Contract and that are secured and maintained by the Contractor and its Sub -Contractors shall include clauses providing that each underwriter shall waive all of its rights of recovery, under subrogation or otherwise, against Ithaca College, its officers, members, directors, employees, sub -contractors, successors and assigns. 953 Danby Road • Ithaca, NY 14850 - (607) 2 44-3225 < (607) 274-i6i9 fa:x ithaca.eCii.1 ��O / //�, � //�>//✓// / � �o%; I � / r %/ � � l ,,. ��"mrv�f if � r � +rr � � r � { P u 8N'f f r F, � ✓ 1 � M MAN �i � �a o�rv�ue .,.,.ter.. oo m . . . . . . . . . . me .. \ /. �� �, . `: �'l � /�\ � E 4 LE 'E E > 0 E lir w 0 x . CL i way ,E C'A rD '40 a" v n o cw, C, Al J i w jo ) LE > a Troject #12823, ClorkCbmpanies, (13utterRefdStadiuin Conversions and7rackat Tavits November 30, 2022 Mr. Steve Dayton Director of Planning Design and Construction Ithaca College 953 Danby Road Ithaca, NY 14850 ICE: Butterfield Stadium Updated Budget Pricing — UPDATED 11/30/22 Steve, Per our recent discussions to date please find our summary of updated budgetary pricing from our 11/8/17, 11/1/19, 2/7/20 and 1/13/22 proposals: Stadium Field with LED lighting Adjusted field size to accommodate Rugby Added traditional paving (including fIlming access and 1--)ad) Added SWM for additional field / paving impervious area (preliminary per Current design assumptions —to be refined upon completion 01.'SUbSUrface testing & permitting approvals) Refined lighting for additional area Outside field (Light bleachers, walkways and lower drive / parking from Masco sports light poles) Updated budget prichig Potential Alternates: permitting of the future track at Yavits Egress Lighting on Emergency Generator Entire Facility Lighting on Emergency Generator C, -1 Turf in D- Area CLARK COMPANIES 607-746-2727 P.O. Box 427, Delhi, N. Y .7 3 753 Fax 607-746-3107 .41? Affirmative Action / Equal ()j-)l)orIw7i1y EMPIOI)el- ViSil US 077, the web at ivivw.clarkcOMP(III7, . eS. COM mm� 0 Waterproofing foundation at Ceracche (including excavation and backfill, waterproofing to 4' below grade) — , -, Contingency $ to be carried by Ithaca College as requested) These budget numbers will be refined as design progresses through the permitting documents and prior to final construction. Please do not hesitate to contact Lis to discuss any of the above in detail. Sincerely, ,James D. Catclla, PE CLARK COMPANIES 607- 1-40-2727 P.O. Box 427, Delhi, N.Y. 13 753 Fax 607-746-3107 An 141firmative Action / Equal Employer Visit us on the iveb at iit1i)iv,.elarkconrPam.es.com <mgutliph@clarkcompanies.com>; Marty Moseley <MMoseley@town.ithaca.ny.us> Subject: RE: [External Message] - RE: [External Message] - RE: [External Message] - RE: IC Submittal Mike yes the proposed sports lights are 100'H so 1 am assuming that the ZBA process will be required. Robb Champlin Project Manager phone: 607-746-2727 mobile: 607-434-8993 ----------------- P.O. Box 427 Delhi, NY 13753 From: Mike Smith <MSmith@town.ithaca.nv.us> Sent: Wednesday, January 25, 2023 8:37 AM To: Robb Champlin <rob_DJes.con>Daniel Thaete <D1h.ee@tvnthaa.nyeu_s>ato__.__ Cc: Susan Ritter <SR.itte it.@tg nr o[ilha_ a. ln.y. us.>; Chris Balestra < a_[Est_ra..@.t.g.:! Iy . [tlh ac oinyeu.David Oshea <D0shea@town.ithaca..n_yous>; Justin McNeal <iirncnea�@town.ithaca.n�.us>; Mabel Gutliph ......................................................................................................n < rrg tl� Oa..@_ �a I<com _ ie ..c err>; Marty Moseley <P�PVIcns�l�y@t� in.ith�aca.nye_us> ........................................... Subject: [External Message] - RE: [External Message] - RE: [External Message] - RE: IC Submittal i Yes, I think having a quick meeting before submitting an application would also be helpful to the Planning Department. 1 have a meeting Friday from 9am-10, but otherwise could meet anytime you mentioned. One question, does this project require any variances? 1 think the original proposal that was talked about a couple years ago had new light poles that were higher than allowed? If you think a variance will be necessary, we might want to include Marty Moseley (Director of Code Enforcement) in a meeting so the Zoning Board of Appeals timing and process can be worked into your schedule. 1 have added him to this email. In general, a Planning Board application needs to be submitted at least 30 days before a meeting, and the Planning Board meets on the 1s' and 3rd Tuesdays of the month. Also, all Town applications are now submitted online, so here is the link for whenever you are ready: .12.11.ps://ithacainy.viewpoiintc ooud.com/. Thanks Mike Michael Smith Senior Planner Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 P: 607-273-1721 (ext. 123) E: rrr si ron_[i lh..@ t vy ?_fit ha _� ... n, us From: Robb Champlin <robb@_s.!D l s rr.ina_ J se cn > Sent: Wednesday, January 25, 2023 8:34 AM To: Daniel Thaete <DThaete(@town.ithaca.nv.us> Cc: Susan Ritter <S_R. ttei!.. tpvyrru.. t_ha_ca..!n..us>• Mike Smith <,M_ irn. tlh_ _t nrn. gilh_a a.en.y.us>; Chris Balestra < ............................................ _ icnwin.ithiaca.n .us>• David Oshea <DOslhear ?t_pwin..e_�tOJ .................... e.us> Justin McNeal ....................... <jmcineal@town.ithaca.in r�us>; Mabel Gutliph <!rn.gutH h@clairlKcompanies.com> Subject: RE: [External Message] - RE: [External Message] - RE: IC Submittal Dan thank you for the opportunity to present this ahead of time, typically it makes the process evolve much more smoothly. We would be open to either a virtual meeting tomorrow morning (as the forecast isn't great for travel), or an in person meeting Friday morning, whatever your preference is. Thanks again! Robb Champlin Project Manager phone: 607-746-2727 mobile: 607-434-8993 ,, ----------------- P.O. Box 427 Delhi, NY 13753 From: Daniel Thaete <DTlhaetle towln.ithaic a.ny �as> Sent: Tuesday, January 24, 2023 2:11 PM To: Robb Champlin <robb I !.I p rr _Djes.corn> Cc: Susan Ritter <S_R.i tte!!:. tg�nrn.itlh�a_aa. !n`d. g.s>; Mike Smith <,M_S!rn tlh_ tp nrn gtlh a aenyo s>; Chris Balestra < f3a[estrr taa a_:_ !.y:_us>; David Oshea <,C C slhe t_p !1n..:_�t[Ja_a_a.....n.Y. us.>; Justin McNeal ..............._.._... <jmcneaI@town.ithaca.ny.us>; Mabel Gutliph <mgut_[�_ lh I !�.I rr !�Jes.corn> Subject: [External Message] - RE: [External Message] - RE: IC Submittal Good Afternoon Robb, as for the Planning board dates, I will leave this up to the Planning Department to answer. From an Engineering perspective, we just need to make sure we have an 'approvable' plan before you can be placed on the PB schedule. 1 do feel a meeting would be a great idea. Once we have a better understanding of the SWM philosophy, we can start to discuss PB dates, etc. I am generally available later this week/early week between 8am-2pm. Give me a few dates and times your team is available. Thanks Dan Thaete Daniel Thaete, PE Town of Seven114 Mile Dr. Ithaca, NY 14850 From: Robb Champlin <robb _ I_�!.I rr !J se cn > Sent: Monday, January 23, 2023 4:06 PM To: Daniel Thaete <DTlhaeter t_own.ithaa_�a.ny !as> Cc: Susan Ritter <S_R:itte.1!:.@� tgnr !o[ilhaa !ny !as>; Mike Smith <,M_ !n tlh tp nrn gtlh acaenyous>; Chris Balestra < _��a_[est_r ._ is wln.itliaca.n .us>• David Oshea <DOslhea i_pwin..e_�tOJ .................... e.us> Justin McNeal ................................................................ ,......................................, <jmcineal@town.ithaca.in r�us>; Mabel Gutliph <I�gutH h@clairkcompanies.com> Subject: RE: [External Message] - RE: IC Submittal Good Afternoon Daniel, We have been working on a modified athletic field layout with Ithaca for the Butterfield Stadium project and have finally gotten it revised so would like to move forward with the re -initiation of the approval process. I have multiple questions as I'm sure you do as well so I would like to kick that process off with the following: Would it make sense to have some kind of pre -application meeting to go through the design? What are the submission dates to be placed on the board agenda for the next meeting? (ie is it 1 month, 2 weeks in advance?) I'm sure I will come up with more but if we could get things started it would be appreciated. Thank you and please feel free to contact me to discuss further. Robb Champlin Project Manager phone: 607-746-2727 mobile: 607-434-8993 ----------------- P.O. Box 427 Delhi, NY 13753 From: Daniel Thaete <DThaete@town.ithaca.nv.us> Sent: Friday, December 9, 2022 7:43 AM To: Mabel Gutliph <m utli h clairkcom anies.com> Cc: Steve Dayton (s_d_�a.yton@ithaca.edu) <s .,ytorC itlhaca.edu>; Robb Champlin <robb. I_a.il..l ac.i r.panies.coirn>; James Catella <ate].la..�_la_il.lciro aniro>; Susan Ritter <S_R.it_r.tgnr.o_[ilha_.In.us>; Mike Smith <M_Sm[tai.. _tq. In.e_[t_lia_c a.en.�us>: Chris Balestra <CBalestira town.itlhaca.in .us> David Oshea .................................................................................................................... <D0shea..@ .ith.....0 .us> Justin McNeal <jirroncneal @town.ithaca.n .us> .............................................................................. Subject: [External Message] - RE: IC Submittal We read an article in the paper this project is to be constructed in the Spring of 2023. Are you planning to re -initiate the approval process anytime soon? Thanks Dan T. Daniel Thaete, PE Town of Seven114 Mile Dr. From: Mabel Gutliph < ..gui��Ialh c.a_iI.I rr.Pa_�n� se rn> Sent: Wednesday, April 1, 2020 12:44 PM To: Daniel Thaete <DTlh ete.. i_own.ithac a.ny �as> Cc: Steve Dayton (scl a.. g.n. tlh_ ca_...ed.u) <sd.a o n� tlh ac .oedu>; Robb Champlin <robb lail.I caitinla !2J so_acam>; James Catella <c at j.la.. c.a_i1.I c i�rp �nj s pm>; Susan Ritter <S_R.Iit n tgnr�noIilh�a_a lnv.us>; Mike Smith <MSmi h0..12A!2...Jthaca.nv.us>; Chris Balestra <CBalestra town.Ithaca.inyeus>; David Oshea ...................................... <D0sh.e a. t�v�r�n_:_�t�:!.a_Ca..:_!n.Y.:_u >; Justin McNeal <]IVIc__ea_'..��tq.�!_I:?�_:_tha_ca.n..Y.:_u_s> ...._..... Subject: RE: IC Submittal Per Robb's email, which I think crossed yours in the communication world, Ithaca College has decided to put this project on hold and not proceed with permitting at this time. We will hold onto these preliminary comments for the future. phone: 607-746-2727 fax: 607-746-3107 mobile: 607-434- 5925 (00 From: Daniel Thaete [MjMilt¢a_e_l : �7a .«�tcaw�n:,_it�7aca_,.�n.. ,us] Sent: Wednesday, April 01, 2020 12:29 PM To: Mabel Gutliph Cc: Steve Dayton (sd.aytonC&thaca.edu); Robb Champlin; James Catella; Susan Ritter; Mike Smith; Chris Balestra; David Oshea; Justin McNeal Subject: RE: IC Submittal Mabel, we performed a preliminary review of the stormwater methodology for this project. Wanted to get these comments to you ASAP as there appears to be several major issues we need to work through. These comments may necessitate an overall redesign of the project. As a reminder, you have been tentatively scheduled for the April 21S`. Planning Board meeting. A requirement for final PB approval is that the SWM is in an approvable form .... If we cannot come to a resolution on these issues, we may need to reconsider the Planning Board schedule. As always, should you have any questions, please feel free to call. Thank You Dan Thaete Preliminary Stormwater Management Review Comments: Soil Borings S61-S63 & S137-SI38 appear to be at/near or below the three-foot separation from the seasonal high groundwater table and/or bedrock. The current design does not appear to adhere to the infiltration requirements as outlined within section 6.3 of the NYS Stormwater Design Manual. Due to the proximity of high groundwater and/or bedrock the applicant will be required to install an impervious liner beneath tosubbase material. Modifications tothe overall storrnvvatermanagement treatment system philosophy may berequired. 2. Please explain the pre-treatment methodology for this storrnvvatersystenn and how it conforms with Chapter 6ofthe NYSStornnvvaterManagement Design Manual. The high infiltration rate ofthe stone storage media does not provide the required pre-treatment as outlined within chapter 6. How will 100%pre'treatnnentbeachieved,nnaintained,andinspectedoverthe|ong'ternn? 3. Due to the high infiltration rate ofsynthetic turf systems, 20 inches or greater, the post development [N value should reflect that of an impervious surface (i.e. all runoff is directly transmitted to the stormwater device). Current model has a synthetic turf CN value of 86, this should be revised to 98. 4. It appears that on page 7 of the HydroCAD analysis, "Preliminary Design w/ Infiltration testing," an exfiltration rate of 1.875 in/hr. is applied to the entire subsurface area of the field, (Device #3). Exfiltration should only be applied to areas of the field that are 3 feet or more from bedrock and/or high seasonal high groundwater. If liner is installed, major modifications to the design and analysis will need to be implemented. Please clarify. From: Mabe|Gut|iph Sent: Friday, March ZU 20203:44PK4 To: Mike Smith Danie|Thaete Cc: Steve Dayton )� �RobbChamp|in� James Cate||a<cateU1a6Dc1arkcomnmamIiea.comn> Subject: RE: |CSubmittal Mabel Gutliph CPESC Stormwater Specialist phone: 607-746-2727 fax: 607-746-3107 mobile: 607-434- 5925 "'It lol p`�� ����. From: Mike Smith [rm_ ii.lt¢a..:_M rm.iitt7_( t : 1M11::.iitti c r.1 ,uas] Sent: Friday, March 20, 2020 2:43 PM To: Robb Champlin Cc: Mabel Gutliph; Steve Dayton (5dgyLon(&thaca.edu) Subject: RE: IC Submittal Yes, we are still receiving US Mail at Town Hall, and seems like the best way to get material to us. Thanks Mike Michael Smith Senior Planner Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 P: 607-273-1747 E: err si on_�i lh.. � t nr ?_fit Ih�a_e a_:_in, us From: Robb Champlin <robb _e.I_�i:I rr.i a_ i see c > Sent: Friday, March 20, 2020 2:39 PM To: Mike Smith <M_SmitO:��..tgineit_0�ua_e ln�r.eus> Cc: Mabel Gutli h <m utli h ciarl<coin ainies.coin> Steve Dayton sda ton ith�aca.edu <sda ton ith�aca.edu> p g............... P...................................................p................................................ , Y.................Y................_..................................................).................Y................_.................................................. Subject: IC Submittal Hi Mike, We are in the final assembly phase of the submittal of materials for the Ithaca College Butterfield project and should have the electronic documentation shortly. We will follow up with a hard copy of the submittal materials and check for fees via US Mail assuming that it is still being received in your office in light of the latest developments with Covid- 19. Can you please verify that is still the best way to do this? Robb Champlin Project Manager phone: 607-746-2727 mobile: 607-434-8993 April 11, 2023 Town of Ithaca Zoning Board of Appeals Town Hall 215 N. Tioga St. Ithaca, NY 14850 RE: Ithaca College Butterfield Stadium Redevelopment — Athletic Field Lighting The redevelopment activity at Butterfield Stadium at Ithaca College includes the installation of athletic field lighting. These four light poles are at (2) 80 feet high, (1) 100 feet high, and (1) 120 feet high. These heights are necessary to provide adequate field lighting while also eliminating the spill and glare of area outside the athletic field. As per code 270-70 of the Medium Density Residential Zone district regulations, structures other than buildings are limited to a maximum height of 30 feet. Athletic field lighting restricted to this height will not adequately light the athletic field and will produce significant spill and glare to areas off the athletic field. On behalf of Ithaca College, we are requesting an Area Variance on the heights of the light poles. Thank you, Mabel Gutliph CLARK COMPANIES 607-746-2727 P.O. Box 427, Delhi, N.Y. 1375 Fax 607-746-3107 An Affirmative Action/Equal Opportunity Employer Visit us on the web at www.clarkcompanies.com March 22, 2023 Robb Champlin Clark Companies 41155 State Highway 10 Delhi, NY 13753 RE: Ithaca College Butterfield Stadium Project #180834 Dear Robb Champlin This serves as approval for submittals provided by Musco Sports Lighting, LLC. Please review the enclosed documents and note changes where appropriate. Upon your approval, we can begin fabrication of the materials for your project. Any changes may result in delay of production, delivery, and additional costs. Please verify the accuracy of the following items and return a signed copy of this Submittal Approval: • Voltage to pole requirements: • Phase to enclosure: • Height/Orientation of auxiliary brackets • Pole locations as shown on equipment layout or scans • All wiring landed on Musco equipment will be copper. If not, please explain. We shall deliver equipment to the job site 10 - 12 weeks, after submittal approval or release of order. Please indicate your approval of these submittals in their entirety by signing below. Authorized Signature Date Printed Name Company Name Please return one copy of this form to: Musco Sports Lighting, LLC 2107 Stewart Road Muscatine, Iowa 52761 Toll Free: 800-756-1205 Fax: 800-374-6402 Email: kerra.kruse@musco.com MUSCO LIGHTING SUBMITTAL FOR PRODUCTION Ithaca College Butterfield Stadium Lighting Project Ithaca, NY March 22, 2023 Project #180834 Submitted by: Musco Sports Lighting, LLC Attn: Kerra Kruse 2107 Stewart Road Muscatine, Iowa 52761 Toll Free: 800-756-1205 Fax: 800-374-6402 i nis imormanon is provioea oy musco exausiveiy ror mis project. Keproaucnon or aistnounon or me enaosea aocuments or Musco Sports Lighting, LLC is prohibited. M-1164-enUS-5 TABLE OF CONTENTS Ithaca College Butterfield Stadium A. BILL OF MATERIALS B. LIGHTING DESIGN C. CONTROLS AND MONITORING D. STRUCTURAL INFORMATION E. WARRANTY F. PRODUCT INFORMATION Ithaca College Butterfield Stadium, 180834 Ithaca College Butterfield Stadium, 180834 Equipment Description 2 Light -Structure S stemTm Total Light ControlTm TLC-LED-400 luminaires 6 Light -Structure S stemTm Total Light ControlTm TLC-LED-600 luminaires 5 Light -Structure S stemTm Total Light ControlTm TLC-LED-1200 luminaires 40 Light -Structure S stemTm Total Light ControlTm TLC-LED-1500 luminaires 8 Light -Structure S stemTm Total Light ControlTm TLC-BT-575 luminaires 2 80 ft galvanized steel poles 1 100 ft galvanized steel pole 1 120 ft galvanized steel pole 4 Pre -cast concrete foundations 9,500 PSI with integrated grounding ✓ Factory wired and assembled pole top luminaire assemblies ✓ Factory wired electrical component enclosures ✓ Factory built wire harnesses with plug-in connections Controls 1 24" x 48" Control and monitoring cabinet ✓ High/medium/low dimming 6 60-amp contactors 4 On -Off -Auto OOA switches 1 ALIC Cabinet for Emergency Egress Warrant ✓ Musco's Constant 25TM product assurance and warranty program that eliminates 100% maintenance costs for 25 years, including labor, materials, monitoring and guaranteed light levels. Additional Items 4 1 2" coupling er pole at 25ft for a future wireless access point M-1911-enUS-10 Ithaca College Butterfield Stadium, #180834 B. LIGHTING DESIGN Ithaca College Butterfield Stadium, 180834 m Q Q U m Q U Q m Q Q m m tU > > > 3 N O O y 0 O O O O O O O O O O O �7 �7 0 O O 'R W J W J m J W J W J J m W J W J m J J G J J J J J F F ~ F F~ F F F F F N N N N N N 'DI�Ico10IN O O O O O 0 0 0 0 0 0 0 0 0 0 N N N N N O O O O O O 0 � ON � ON � ON 0 0 0 n I n I n I n I n O O o O 0 O 0 O 0 O 0 J O 0 0 O O n n n n n G CDC5 O 0 O V O) V > £ (OD L!) 10 O N (O > M IL I 0 0 N 0 0 r m O O J 0? 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CONTROLS AND MONITORING Ithaca College Butterfield Stadium, 180834 Project Specific Notes: See ALIC control summary for Egress full load amperage. Materials Checklist Contractor/Customer Supplied: ❑ A dedicated control circuit must be supplied per distribution panel location — If the control voltage is NOT available, a control transformer is required ❑ Electrical distribution panel to provide overcurrent protection for circuits — HID rated or D-curve circuit breaker sized per full load amps on Circuit Summary by Zone Chart ❑ Wiring — See chart on page 2 for wiring requirements — Equipment grounding conductor and splices must be insulated (per circuit) — Lightning ground protection (per pole), if not Musco supplied ❑ Electrical conduit wireway system — Entrance hubs rated NEMA 4, must be die-cast zinc, PVC, or copper -free die-cast aluminum ❑ Mounting hardware for cabinets ❑ Breaker lock -on device to prevent unauthorized power interruption to control power and powerline connection (if present) ❑ Anti -corrosion compound to apply to ends of wire, if necessary Call Control -Link Central' operations center at 8771347-3319 to schedule activation of the control system upon completion of the installation. Note: Activation may take up to 1 112 hours. Control System Summary Project Information Project #: 180834 Project Name: Ithaca College Butterfield Stadium Date: 03/20/23 Project Engineer: Kelly Martin Sales Representative: Nathan Lindsay Control System Type: Control -Link TM Control and Monitoring System Communication Type: PowerLine-ST Scan: 180834C Document ID: 180834P1V3-0320083508 Distribution Panel Location or ID: Butterfield Stadium Total # of Distribution Panel Locations for Project: 1 Design Voltage/Hertz/Phase: 480/60/3 Control Voltage: 120 Equipment Listing DESCRIPTION APPROXIMATE SIZE 1.Control and Monitoring Cabinet 24 X 48 QTY SIZE (AMPS) Total Contactors 6 30 AMP Total Off/On/Auto Switches: 3 IMPORTANT NOTES 1. Please confirm that the design voltage listed above is accurate for this facility. Design voltage/phase is defined as the voltage/phase being connected and utilized at each lighting pole's electrical components enclosure disconnect. Inaccurate design voltage/phase can result in additional costs and delays. Contact your Musco sales representative to confirm this item. 2. In a 3 phase design, all 3 phases are to be run to each pole. When a 3 phase design is used Musco's single phase luminaires come pre -wired to utilize all 3 phases across the entire facility. 3. One contactor is required for each pole. When a pole has multiple circuits, one contactor is required for each circuit. All contactors are 100% rated for the published continuous load. All contactors are 3 pole. 4. If the lighting system will be fed from more than one distribution location, additional equipment may be required. Contact your Musco sales representative. 5. A single control circuit must be supplied per control system. 6. Size overcurrent devices using the full load amps column of the Circuit Summary By Zone chart- Minimum power factor is 0.9. NOTE: Refer to Installation Instructions for more details on equipment information and the installation requirements. 0C1999,2023 Musco Sports Lighting,LLC T \180\180834PW3-0320083508. rdf Form: T-5030-1 Control•Link. Control and Monitoring System Digital cellular antenna Off -on -auto keyed switches Transformer (provided b� customer for control voltage supply if not available) Electrical distribution panel (provided by customer for overcurrent protection) 1 Line power to contactors, and equipment grounding conductor 2 Load power to lighting circuits, and equipment grounding conductor 3 Control power (dedicated, 20A) Control System Summary Ithaca College Butterfield Stadium / 180834-180834C Butterfield Stadium - Page 2 of 4 'A "B `C N/A No A-E `A 'B `C N/A No A-E 3 12 `C N/A No C,E Notes: A. See voltage and phasing per the notes on cover page. B. Calculate per load and voltage drop. C. All conduit diameters should be per code unless otherwise specified to allow for connector size. D. Equipment grounding conductor and any splices must be insulated. E. Refer to control and monitoring system installation instructions for more details on equipment information and the installation requirements. IMPORTANT: Control wires (3) must be in separate conduit from line and load power wires (1, 2) R60-100-00 B TA180A 80934P1 V3.0320083508.pd1 0000 MUS Control System Summary Ithaca College Butterfield Stadium / 180834 - 180834C Butterfield Stadium - Page 3 of 4 SWITCHING SCHEDULE Field/Zone Description Zones Football 1 Gym Road 2 Egress 3 CONTROL POWER CONSUMPTION 120V Single Phase VA loading of Musco Supplied Equipment INRUSH: 1470.0 SEALED: 156.0 CIRCUIT SUMMARY BY ZONE POLE CIRCUIT DESCRIPTION #OF FIXTURES #OF DRIVERS *FULL LOAD AMPS CONTACTOR SIZE (AMPS) CONTACTOR ID ZONE F1 Football 12 12 23.7 30 C1 1 F2 Football 12 12 23.7 30 C2 1 F3 Football 12 1 12 1 23.7 1 30 1 C3 1 F4 Football 12 12 23.7 30 C4 1 F1 Gym Road 2 1 2.6 30 C5 2 F2 Gym Road 2 1 2.6 30 C6 2 Full Load Amps based on amps per driver. TA1 90A 80934P1 V3.0320083508.pd1 Control System Summary Ithaca College Butterfield Stadium / 180834-180834C Butterfield Stadium - Page 4 of 4 PANEL SUMMARY CABINET # CONTROL MODULE LOCATION CONTACTOR ID CIRCUIT DESCRIPTION FULL LOAD AMPS DISTRIBUTION PANELID(BY OTHERS) CIRCUIT BREAKER POSITION (BY OTHERS 1 1 C1 Pole F1 23.69 1 1 C2 Pole F2 23.69 1 1 C3 Pole F3 23.69 1 1 C4 Pole F4 23.69 1 1 C5 Pole F1 2.56 1 1 C6 Pole F2 2.56 ZONE SCHEDULE CIRCUIT DESCRIPTION ZONE SELECTOR ZONE DESCRIPTION POLE ID CONTACTOR SWITCH ID Zone 1 1 Football F1 C1 F2 C2 F3 C3 F4 C4 Zone 2 2 Gym Road F1 C5 F2 C6 Zone 3 3 Egress F1 F2 F3 F4 T:\180A 80934P1 V3.0320083508.pd1 Project Specific Notes: Control System Summary Auxiliary Lighting Interface Cabinet Project Information Project#: 180834 Project Name: Ithaca College Butterfield Stadium Distribution Panel Location or ID: Butterfield Stadium Egress Lighting Circuit Voltage/Hertz/Phase 480Vac/6OHz/3PH Emergency Control Voltage/Hertz/Phase 120Vac/6OHz/1PH Equipment Listino Auxiliary Lighting Interface Cabinet 1 16" x 20" Contactor 4 30 Amp Emergency Auxiliary power o lighting FL -------- cn distribution interface --- 1a cabinet -f4- Control Ground = -- cabinet ; 71, Normal power distribution Ground 1 -------- za Load power to --------- Load power to emergency egress circuits lighting circuits Conduit # of Wire Max. Wire i i Description 1 a Emergency line power to contactors N/A No A-D 2a Load power to emergency egress lighting circuits N/A No A-D 3a Emergency control power (dedicated, 20A), provide transformer if needed. 3 12 N/A No A-D 4a Control harness to monitor normal power 4 14 300 No A-D Notes: A. See Egress Lighting Circuit voltage and Emergency Control voltage listed above. B. Calculate wire size per load and voltage drop. All conduit sizes per code. C. Equipment grounding conductor required for egress circuits and control power circuits. Any wire splices must be insulated. D. Refer to emergency egress lighting control installation instructions for more details on equipment information and the installation requirements. IMPORTANT: Control wires (3,4) must be in separate conduit from line and load power wires (1, 2). �O musco ©2021 Musco Sports Lighting, LLC 03/30/2021 Page 1 of 2 I Control Power Consumption Auxiliary Lighting Interface Cabinet Egress Circuit Summary Control System Summary Auxiliary Lighting Interface Cabinet Project Information Project#: 180834 Project Name: Ithaca College Butterfield Stadium Distribution Panel Location or ID: Butterfield Stadium 200 Egress Lighting Circuit Volta e/Hertz/Phase 480Vac/60Hz/3PH Emergency Control Voltage/Hertz/Phase 120Vac/6OHz/1PH 0 F1 Egress 1 2.62 30 Amps C1 3 F2 Egress 2 5.25 30 Amps C2 3 F3 Egress 3 4.77 30 Amps C3 3 F4 Egress 3 4.77 30 Amps C4 3 �O musco ©2021 Musco Sports Lighting, LLC 03/30/2021 Page 2 of 2 Overview Control -Link. Control and Monitoring System provides remote on/off control, dimming, system monitoring, and management of your lighting system. Features Control • Lighting system and auxiliary equipment • Control with: Control -Link website, smartphone app, phone call, email, or fax up to 10 years in advance • Seven controllable lighting zones • Three customizable dimming levels (factory set at 100%,50%,20%) • Multi -level user security settings • Door -mounted or remote -mounted on/off/auto switches allow for manual override of automated control Monitoring • Detects luminaire outages and other issues that affect light quality Management and Support • Control -Link Central— service center provides support 24 hours a day, 7 days a week for scheduling, monitoring, and reporting • Luminaire outage notification within the next business day • Customized usage reports through website ©2019, 2021 Musco Sports Lighting, LLC Control -Link® is a registered trademark of Musco Corporation in the United States. U.S. patents issued and oendina. - M-3089-en04-2 Technical Specifications Control and Monitoring Cabinet Ratings UL 508A Listed ....................................... E204954 CE declaration................................LVD, EMC, RoHS IEC 60439-1 compliant .............. UL test report 05NK26317 IEC Emissions/Immunity .....................Class A compliant Operating temperature .......... -4°F to 140°F (-20°C to 60°C) FCC Part 15 .................................Class A compliant Weight for 72 inch (1829 mm) cabinet ...........180 lb (82 kg) Weight for 48 inch (1219 mm) cabinet ...........140 lb (64 kg) Short Circuit Current Rating (SCCR) with 30 A contactors*...............................18 kA with 60 or 100 A contactors* ........................25 kA *Minimum circuit breaker interrupt rating must be greater than or equal to SCCR rating listed above. Construction Control and Monitoring Cabinet • NEMA type 4 (IP65) cabinet • Powder -coated aluminum 5052 H32 cabinet and panel • Lockable, 3-point latch • Supports lighting system voltage up to 480 V • Requires 120 V or 230 V phase -to -neutral control voltage • Protective cover isolates high voltage On/Off/Auto Manual Switches Cabinet (optional) • NEMA type 4 (IP65) cabinet • Powder -coated aluminum 5052 H32 cabinet and panel • Lockable door • Hinged interior panel for switch mounting Remote Wireless Antenna Cabinet (for wireless communication) • Cast aluminum with texture gray paint finish • Omnidirectional antenna • Operating temperature: -40°C (-40°F) to 85°C to (185°F) • Frequency: 900 MHz or 2.4 GHz 24.00 in (610 mm) . 0. 00 in (11 mm) in dia. (45187 mm) (1 n 72.00 in (1829 mm) 73.25 in (1861 mm) 49.25 in (1251 mm) 48.00 in (1219 mm) OwwO 000 12.86 in (327 mm) 11.38 in (289 mm) _ 10.00 in (254 mm) n 15.75 in (400 mm) 0.44 in dia. ----- 12.00 in l .� 11.69 in (11 mm) (305 mm) (297 mm) a o d [,' in (432 32 mm) 15.75 in (40000 mm) Manual switches cabinet .......................... . 7.8 in (200 mm) 4 5 in .� (115 mm) Remote wireless antenna cabinet ©2019, 2021 Musco Sports Lighting, LLC Control -Link® is a registered trademark of Musco Corporation in the United States. U.S. patents issued and oendina. - M-3089-en04-2 2 Internal Details • Factory wired, programmed, and tested • Internallyfused • Control power terminal blocks provided • One control circuit operates entire cabinet • Plug-in wire harnesses provided to connect multiple cabinets Control Module Receives and stores schedules from Control -Link Central — service center, operates your equipment, and verifies schedules were carried out. • Executes scheduled on/off or dimming events. • Stores schedules for up to 7 days • Reboots automatically and executes current schedule when power is restored, in case of power interruption • Monitors Musco lighting system and reports issues to keep facilities operating and to help plan routine maintenance. Alerts Control -Link Central service center to schedule appropriate action or maintenance. Cornimuinicatioin Modules Communication with Control -Link Central is done via an integrated, high speed, cellular connection with no additional monthly charges during the warranty period. Communication with light poles is done via powerline communication or wireless communication. • Powerline communication requires a dedicated 20A circuit (lighting circuit distribution panel) • Wireless communication requires a dedicated antenna to be mounted at least 3 ft above the cellular antenna, and 7 ft total distance away, and line of sight to lighting poles. Operates equipment based on control module schedules. • Compliant with IEC 60947-4-1 for continuous operation at 100% of rated current • Contactors rated for 30, 60, or 100 amps Provides integral ground bar for lighting equipment grounding. _______________________________________ gui uiii0 .............................................................. iuiii 1 Il . 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WAIAT 41,18 Ithaca College Butterfield Stadium, 180834 Product•g Project name: Ithaca College Butterfield Stadium Project number:180834 Owner: Ithaca College ;N. Ithaca state: NY Covered product(s): Light -Structure System TM with TLC for LED TM technology Date issued: Date of Shipment Expiration: Date of Shipment + 25 years Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your lighting system to original design criteria for 25 years. Musco products and services are guaranteed to perform on your project as detailed in this document. Specified illumination levels will be maintained and are marked as guaranteed in the Musco Illumination Summary. Individual luminaire outages that occur during the warranty and maintenance period are repaired when the usage of any field is materially impacted. If specified, spill light levels at identified locations are guaranteed to be controlled to the maximum values provided in the Musco Illumination Summary. Total average kW consumption for your lighting system is guaranteed to be not more than the total load shown in the Musco Illumination Summary. Musco shall monitor the performance of your lighting system, including on/off status, hours of usage, and luminaire outages. If outages that affect playability are detected, Musco will contact you and proactively dispatch technicians. On -off control of your lighting system is provided via an easy -to -use web site scheduling system, smartphone app, phone, email, or fax. Our trained Control -Link CentralTM service center staff is available toll -free 24/7. Regular usage reports are always available on Control -Link Central's web site. Your project has been designed to IBC, 2018, 110mph, Exposure C Structural integrity of equipment manufactured by Musco is guaranteed. Musco has a team of people to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing comprehensive service for the 25 year period. - Page 1 of 2 - ©2005, 2019 Musco Sports Lighting, LLC M-1291-enUS-11 25-Year Product Assurance & Warranty Program I • ilTi 1TTITI MTi Tiff [ 1i I Service under this Contract is provided by Musco Sports Lighting, LLC ("Musco") or an authorized servicer approved by Musco. Services performed under this Contract shall consist of furnishing labor and parts necessary to restore the operation of the Covered Product(s) to original design criteria provided such service is necessitated by failure of the Covered Product(s) during normal usage. This Contract covers Product(s) consisting of Musco's Total Light Control — TLC for LED® with Control -Link® and any additional Musco manufactured product as listed on page 1. "We", "us," and "our" mean Musco. "You" and "your" mean the purchaser of the Covered Product(s). No one has the authority to change this Contract without the prior written approval of Musco. Musco shall not assume responsibility for their agents or assignees other than as described below. If there is a conflict between the terms of this Contract and information communicated either orally or in writing by one or more of our employees or agents, this Contract shall control. Additional Provisions Availability of Service: Control -Link CentralTM operators shall be available 24/7 via web site, phone, fax, or email. Maintenance service specialists shall be available 8AM to 5PM Central Time, and services shall be rendered during these same hours in your local time zone, Monday through Friday (with the exception of national holidays). Hours of operation are subject to change without notice to you. Musco will exercise all reasonable efforts to perform service under this Contract, but will not be responsible for delays or failure in performing such services caused by adverse weather conditions, acts of any government, failure of transportation, accidents, riots, war, labor actions or strikes or other causes beyond its control. 2. Determination of Repairs: Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with Product(s) of like kind and quality. 3. Your Requirements Under this Contract: You must meet all electrical and installation requirements as specified by the manufacturer. In addition, you promise and assure: full cooperation with Musco, Musco's technicians and authorized servicers during telephone diagnosis and repair of the Covered Product(s), reasonable accessibility of the Covered Product(s), a nonthreatening and safe environment for service. You agree to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alpha -numeric numbered enclosure. Musco will replenish spare fuses used. You agree to keep your control system online. This means keeping the required control voltage to the control system at all times. Any deviation from this practice must be discussed with Musco's Warranty Department. Service Limitations — This Contract does not cover: Maintenance, repair, or replacement necessitated by loss or damage resulting from any external causes such as, but not limited to, theft, environmental conditions, negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs by third parties, attachments, damage to cabinetry, equipment modifications, vandalism, animal or insect infestation, physical damage to Covered Product(s) parts or components, failure of existing structures, supporting electrical systems or any non-Musco equipment, or acts of God/nature (including, but not limited to: earthquake, flood, tornadoes, typhoons, hurricanes, or lightning). 5. Contract Limitations: a. EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE OR LOSS OF USE DURING THE REPAIR PERIOD OF THE COVERED PRODUCT(S) OR WHILE OTHERWISE AWAITING PARTS. b. Limitation of Liability: To the extent permitted by applicable law, the liability of Musco, if any, for any allegedly defective Covered Product(s) or components shall be limited to repair or replacement of the Covered Product(s) or components at Musco's option. THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO THE COVERED PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. c. For the purposes of and by your acceptance of this Contract you acknowledge and agree that if a surety bond ("Bond") is provided the warranty and/or maintenance guarantee provided for in this Contract and any corresponding liability on behalf of the issuing surety under the Bond is limited to the first twelve (12) months of said warranty and/or maintenance guarantee coverage period. Any warranty and/or guarantee coverage period in excess of said initial 12 month period does not fall within the scope of the Bond and shall be the sole responsibility of Musco. d. Musco requires reasonable access for a crane or man lift equipment to service the lighting system. Musco will not be responsible for damage from operating the vehicle on the property when the equipment is operated in the prescribed manner over the designated access route. e. Obsolescence or Environmental Restrictions: If during any maintenance or other work performed under this Warranty, any of the parts of the Covered Product(s) are found to be either obsolete, no longer available, or prohibited by any state of federal agency, Musco shall replace said parts with comparable parts and materials with equal operating characteristics solely at Musco's discretion. The cost of replacement of any obsolete cellular related technology shall be borne by you. Prior to completing any such work, Musco shall notify you of the cost (if any) you will incur in the replacement of such parts under this section. 6. Transfer and Assignment: Except to owners, you shall not have the right to assign or otherwise transfer your rights and obligations under this Contract except with the prior written consent of Musco, however, a successor in interest by merger, operation of law, assignment or purchase or otherwise of your entire business shall acquire all of your interests under this Contract. 7. Governing Law: Unless otherwise governed by applicable state law, the Contract shall be interpreted and enforced according to the laws of the State of Iowa. 8. Subrogation: In the event Musco repairs or replaces any Covered Product(s), parts or components due to any defect for which the manufacturer or its agents or suppliers may be legally responsible, you agree to assign your rights of recovery to Musco. You will be reimbursed for any reasonable costs and expenses you may incur in connection with the assignment of your rights. You will be made whole before Musco retains any amounts it may recover. Signature: - Page 2of2- Vice President of Sales ©2005, 2019 Musco Sports Lighting, LLC M-1291-enUS-11 Ithaca College Butterfield Stadium, 180834 (2) TLC- 22.5FT Auxiliary mour Ground level POLE(S): F1 Musco 100FT Light -Structure System' pole TLC for LED' luminaires Galvanized steel pole I I Galvanized steel pole • 2" coupling (2) TLC-BT-575 25FT A.G.L. 22.51FT A.G.L. Auxiliary mounting bracket Electrical components NE enclosure(s) ton (3 m) Ground level I I I I (soo mm) — Precast concrete base - 1 0 1 Precast concrete base — (2) TLC -I 15.5FT Auxiliary mour Ground level TLC for LEDI 5 Easy PiecesTM Complete System from Foundation to Poletop �IFactory whred, ahrned, arid,tested Fast, trouUe--fur ee insta�lull afloc ni Coiirrnilpiir(wllrnieiir,i!;iv,(w coinrosion Ipckage lntegirated Iglitniing grouiinid F3 TLC for LED is a trademark of Musco Sports Lighting, LI-C and is registered in the United States. ©2015, 2019 Musco Sports Lighting, LLC - U.S. and foreign patent(s) issued and pending. - M-2214-en04-3 TLC for LED' - Precast Concrete Base 5 Easy Pieces" Overview The precast concrete base is set directly into the ground and backfilled with concrete. The base includes an integrated lightning ground system. Features Base • Set pole on base in 24 hours • Tapered upper section for slip -fit steel pole a • Access holes for wire entry 010 I 00, • Epoxy -coated ends prevent water intrusion • Lifting hole accepts load -rated steel rod provided by Musco Integrated Lightning Ground System • Complies with NFPA 780, UL 96A, and EN 62305 standards when installed per Musco installation instructions • UL Listed, Class II Lightning Protection, file number E337467 • Tested up to 100 kA by independent laboratory • Steel pole interfaces with integrated grounding system by means of the pole grounding connector • 2/0 AWG (crossectional area of 67.4 mm2) grounding electrode conductor • Concrete -encased grounding electrode, 20 feet (6.1 m) total length, 1/2 inch (12.7 mm) diameter Technical Specifications Base dimensions vary. For measurements refer to project -specific Foundation and Pole Assembly drawing. Construction • Spun concrete construction • Prestressed steel vertical strands and coil spiral for strength throughout base • Minimum design strength is 9500 Wine (65.5 MPa) at 28 days • Meets ASTM C1804 design requirements Quality Assurance Tests • 28-day compressive strength • Bending moment capacity • Grounding system continuity TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2012, 2019 Musco Sports Lighting, LLC - U.S. patents issued. - M-2215-en04-3 11 TLC for LED° - Precast Concrete Base Wireway Pole ID Tapered upper section for slip -fit steel pole Lifting hole Grounding electrode conductor Compacted dirt fill top 2 ft (0.6 m)* Concrete backfill' Pole grounding connector Steel reinforcement Handhole Conduit adapter plate Wire access hole Integrated grounding electrode "Standard pier foundation shown. Foundation and/or backfill may vary per alternate foundation design. 5 Easy Pieces" TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2012, 2019 Musco Sports Lighting, LLC - U.S. patents issued. - M-2215-en04-3 TLC for LED° - Galvanized Steel Pole 5 Easy Pieces" Overview The galvanized steel pole is designed to slip -fit together with the precast concrete base and the poletop luminaire assembly. Features • Slip -fit connection allows pole assembly with come-alongs • Built-in hardware for attaching electrical components enclosure • Wire access from inside the pole (no exposed wiring or conduit) • Shipped in sections for easier handling • Labeled with pole identification for location on field Technical Specifications Pole dimensions vary. For measurements refer to project specific pole configuration drawing. Construction • Pole designs comply with all major building codes • High strength, low alloy, tapered, round steel pole • Hot -dip galvanizing inside and outside after fabrication meets ASTM-Al23 and EN 1461 standards • Conforms to AASHTO stress standards and BS EN 40-3-1 • Grounding lug —rated for aluminum (AL) or copper (CU) wiring • Pole shipped in sections • Stainless steel fasteners passivated and coated • Material certifications are available Quality Assurance Tests • Bending stress • Minimum galvanizing thickness • Straightness measurement TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2005, 2019 Musco Sports Lighting, LLC - M-2216-en04-3 9 TLC for LED' - Galvanized Steel Pole Weld mark to identify field side orientation Jacking ear Wire harness strain relief provided on poles 80 ft (24.5 m) and taller per NEC Electrical components enclosure attachment bracket Electrical components enclosure hub with stainless - Wire access handhole steel screw threads \ Grounding lug (inside handhole) Slip -fit attachment to precast concrete base Weld mark to identify field side orientation 5 Easy Pieces - TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2005, 2019 Musco Sports Lighting, LLC - M-2216-en04-3 TLC for LED' - Electrical Components Enclosure i00 i.01 5 Easy Pieces" Overview The electrical components enclosure contains all necessary equipment to operate luminaires. Built-in mounting hardware allows for easy attachment to the galvanized steel pole. Quick connect plugs fasten to the wire harness. Features Factory -built and tested as a unit Quick connect plug for easy field wiring \� Mounted 10 ft (3 m) above grade for servicing with ladder • Labeled with pole identification and electrical information • Drivers individually fused and spare fuses supplied • Wire access from inside the pole (no exposed wiring or conduit) • Disconnect per circuit Technical Specifications For amperage draws and circuitry refer to project specific document. Construction • 0.08 inch (2 mm) thick, powder -coated aluminum • Enclosure ratings: NEMA 3R, IP54 • Designed to operate in up to 50' C (122' F) ambient temperature • Full length stainless steel hinge • All stainless steel fasteners passivated and coated • Meets touchsafe standards • Up to four drivers per enclosure • Approximate weight 65 lb (29 kg) • Lower enclosure size 14.25 in (362 mm) wide x 8 in (203 mm) deep x 52.5 in (1334 mm) high • Upper enclosure size 14.25 in (362 mm) wide x 8 in (203 mm) deep x 40.5 in (1029 mm) high Quality Assurance Tests • Grounding continuity • High potential dielectric withstand • Full functionality test TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2015, 2019 Musco Sports Lighting, LLC - ECE 9 - M-2217-en04-3 9 TLC for LED' - Electrical Components Enclosure 5 Easy Pieces - Controller Wiring schematics Driver Spare fuses Fuses Pole alignment beam switch Ground bar (AL,CU)` Surge protection Powerline communication (or wireless communication) module (if present) Disconnect (CU only)` Terminal blocks Aluminum (AL) Copper (CU) TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2015, 2019 Musco Sports Lighting, LLC - ECE 9 - M-2217-en04-3 TLC for LED' - Wire Harness i i i i i 5 Easy Pieces" Overview The factory -built wire harness connects the electrical components enclosure to the poletop luminaire assembly. Features • Quick connect plugs for easy field wiring • Factory -assembled support grip alleviates strain on connections • Spiral wound cable eliminates slippage • Protective sleeve prevents wire damage • All internal wiring, no exposed wires • Labels identify pole and luminaires Technical Specifications Construction • Spiral wound, wrapped cable, 14 AWG (cross -sectional area of 2.08 mmz) copper wire • Integral cable support grip • Two wires per driver • Each harness supports up to four drivers • Multiple top connectors may be present if required for number of luminaires Quality Assurance Tests • Connector/load resistance • High potential dielectric withstand • Grounding continuity • Termination crimp TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2005, 2019 Musco Sports Lighting, LLC - M-2218-en04-3 i] TLC for LED' - Wire Harness Top quick connector Wire tie B Top cable support grip y quick Spiral wound cable consisting of 14 AWG (cross -sectional area of 2.08 mm2) copper wire Mid -point cable support grip for poles 80 ft (24.5 m) and taller Flexible protective sleeve Bottom quick connector 5 Easy Pieces - farness top connector support grip iap hook support grip iap hook uired) wre harness connector farness bottom connector TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2005, 2019 Musco Sports Lighting, LLC - M-2218-en04-3 TLC for LED' - Poletop Luminaire Assembly, Weld On 5 Easy Pieces" Overview The factory -aimed poletop luminaire assembly is the upper section of the pole and slip -fits together with the galvanized steel pole. %. Features • Each Luminaire is factory -built, tested, and ships as a unit • Luminaires are factory -aimed to two -tenths degree of accuracy • Luminaire mounts and connects in a single step • Slip -fit connection allows assemblywith come-alon s 9 • All luminaires are factory -wired to a quick connect harness for easy installation • Labels identify pole and Luminaire location • No exposed wiring or conduit • Factory -set pole alignment beam allows easy Y p g Y field alignment Technical Specifications Construction • Crossarms and pole shaft hot -dip galvanizing inside and outside after fabrication meets ASTM-Al23 and EN 1461 standards • All aluminum are components powder -coated or p anodized to mil-A-8625F and BS 5599 • Luminaire and knuckle are powder -coated die-cast aluminum • All stainless steel fasteners are assivated and coated • Crossarms are constructed of rectangular steel tubing • P Iecap is attached with stainless steel lanyard and securing bolt Quality Assurance Tests • Galvanizing thickness • High potential dielectric withstand • Electrical continuity TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2015, 2019 Musco Sports Lighting, LLC - U.S. and foreign patent(s) issued and pending. - M-2219-en04-3 9 TLC for LED" - Poletop Luminaire Assembly, Weld On Crossarm Die-cast aluminum luminaire mounting plate Die-cast aluminum knuckle Aluminum housing Aluminum spill light and glare light control visor Diode light source — LED 5 Easy Pieces" TLC for LED is a trademark of Musco Sports Lighting, LLC and is registered in the United States. ©2015, 2019 Musco Sports Lighting, LLC - U.S. and foreign patent(s) issued and pending. - M-2219-en04-3 Luminaire and Driver - TLC-LED-1500 Luminaire Data Weight (luminaire) 67 lb (30 kg) UL listing number E338094 UL listed for USA/Canada UL1598 CSA-C22.2 No.250.0 CE Declaration LVD, EMC, RoHS Ingress protection (luminaire) IP65 Impact rating IK07 Material and finish Aluminum, powder -coat painted Wind speed rating (aiming only) 150 mi/h (67 m/s) UL, IEC ambient temperature rating SOT (122T) (luminaire) Photometric Characteristics Projected lumen maintenance per IESTM-21-11 L90 (20k) >120,000 h L80 (20k) >120,000 h L70 (20k) >120,000 h Lumens' 160,000 CIE correlated color temperature 5700 K Color rendering index (CRI) 75 typ, 70 min LED binning tolerance 7-step MacAdam Ellipse Footnotes: 1) Incorporates appropriate dirt depreciation factor for life of luminaire. All components from foundation to poletop are designed to work together in Light -Structure System" to ensure reliable, trouble -free operation. U.S. and foreign patent(s) issued and pending • 2019, 2021 Musco Sports Lighting, LLC • TLC-LED-1500 5700K 75 CRI • M-2979-eno4-4 Luminaire and Driver - TLC-LED-1500 Driver Data Electrical Data Rated wattage' Per driver 1430 W Per Luminaire 1430 W Number of luminaires per driver 1 Starting (inrush) current <40 A, 256 µs Fuse rating 15 A UL, IEC ambient temperature rating, 50°C (122°F) electrical components enclosure Ingress protection, electrical IP54 components enclosure Efficiency 95% Dimming mode optional Range, energy consumption 12 - 100% Range, light output 17 - 100% Flicker <2% Total harmonic distortion (THD) at full <20% output Typical Wiring Surget protection Controller j Disconnect (if Present) ' L1 Fuse Drivero + T Luminaire L2* Fuse * If L2 is neutral then not switched or fused. t Not present if indoor installation. Footnotes: 1) Rated wattage is the power consumption, including driver efficiency losses, at stabilized operation in 25°C ambient temperature environment. 2) Operating current includes allowance for 0.90 minimum power factor, operating temperature, and LED light source manufacturing tolerances. Notes 1. Use thermal magnetic HID -rated or D-curve circuit breakers. 2. See Musco Control System Summary for circuit information. 27.00 in (686 mm) 26.00 in (660 mm) 23.00 in (584 mm) ... 22.00 in (559 mm) 2 U.S. and foreign patent(s) issued and pending • 2019, 2021 Musco Sports Lighting, LLC • TLC-LED-1500 5700K 75 CRI • M-2979-en04-4 Luminaire and Driver - TLC-LED-1200 Luminaire Data Weight (luminaire) 45 lb (20 kg) UL listing number E338094 UL listed for USA/Canada UL1598 CSA-C22.2 No.250.0 CE Declaration LVD, EMC, RoHS Ingress protection (luminaire) IP65 Impact rating IK07 Material and finish Aluminum, powder -coat painted Wind speed rating (aiming only) 150 mi/h (67 m/s) UL, IEC ambient temperature rating SOT (122T) (luminaire) Photometric Characteristics Projected lumen maintenance per IESTM-21-11 L90 (20k) >120,000 h L80 (20k) >120,000 h L70 (20k) >120,000 h Lumens' 136,000 CIE correlated color temperature 5700 K Color rendering index (CRI) 75 typ, 70 min LED binning tolerance 7-step MacAdam Ellipse Footnotes: 1) Incorporates appropriate dirt depreciation factor for life of luminaire. All components from foundation to poletop are designed to work together in Light -Structure System" to ensure reliable, trouble -free operation. U.S. and foreign patent(s) issued and pending • 2019, 2021 Musco Sports Lighting, LLC • TLC-LED-1200 5700K 75 CRI • M-2967-eno4-4 Luminaire and Driver - TLC-LED-1200 Driver Data Electrical Data Rated wattage' Per driver 1170 W Per Luminaire 1170 W Number of luminaires per driver 1 Starting (inrush) current <40 A, 256 µs Fuse rating 15 A UL, IEC ambient temperature rating, 50°C (122°F) electrical components enclosure Ingress protection, electrical IP54 components enclosure Efficiency 95% Dimming mode optional Range, energy consumption 14 - 100% Range, light output 19 - 100% Flicker <2% Total harmonic distortion (THD) at full <20% output Typical Wiring Surget protection Controller j Disconnect (if Present) ' L1 Fuse Drivero + T Luminaire L2* Fuse * If L2 is neutral then not switched or fused. t Not present if indoor installation. Footnotes: 1) Rated wattage is the power consumption, including driver efficiency losses, at stabilized operation in 25°C ambient temperature environment. 2) Operating current includes allowance for 0.90 minimum power factor, operating temperature, and LED light source manufacturing tolerances. Notes 1. Use thermal magnetic HID -rated or D-curve circuit breakers. 2. See Musco Control System Summary for circuit information. 24.00 in (610 MM) 26.00 in (660 mm) 25.00 in (635 mm) 1 QO 19.00 in 183 mm) I----------------------------- i: ---------- 2 U.S. and foreign patent(s) issued and pending • 2019, 2021 Musco Sports Lighting, LLC • TLC-LED-1200 5700K 75 CRI • M-2967-en04-4 Luminaire and Driver - TLC-LED-600 Luminaire Data Weight (luminaire) 40 lb (18 kg) UL listing number E338094 UL listed for USA/Canada UL1598 CSA-C22.2 No.250.0 CE Declaration LVD, EMC, RoHS Ingress protection (luminaire) IP65 Impact rating IK07 Material and finish Aluminum, powder -coat painted Wind speed rating (aiming only) 150 mi/h (67 m/s) UL, IEC ambient temperature rating SOT (122T) (luminaire) Photometric Characteristics Projected lumen maintenance per IESTM-21-11 L90 (20k) >120,000 h L80 (20k) >120,000 h L70 (20k) >120,000 h Lumens' 65,600 CIE correlated color temperature 5700 K Color rendering index (CRI) 75 typ, 70 min LED binning tolerance 7-step MacAdam Ellipse Footnotes: 1) Incorporates appropriate dirt depreciation factor for life of luminaire. All components from foundation to poletop are designed to work together in Light -Structure System" to ensure reliable, trouble -free operation. U.S. and foreign patent(s) issued and pending • 2018, 2021 Musco Sports Lighting, LLC • TLC-LED-600 5700K 75 CRI • M-2617-en04-5 Luminaire and Driver - TLC-LED-600 Driver Data Electrical Data Rated wattage' Per driver Per Luminaire Number of luminaires per driver Starting (inrush) current Fuse rating UL, IEC ambient temperature rating, electrical components enclosure Ingress protection, electrical components enclosure Efficiency Dimming mode Range, energy consumption Range, light output Flicker Total harmonic distortion (THD) at full output 116OW 580 W 2 <40 A, 256 µs 15A 50°C (122°F) I P54 95% optional 20 - 100% 25 - 100% <2% <20% Surget protection Typical Wiring Controller j Disconnect (if present) L1 Fuse Driver T L2* Fuse * If L2 is neutral then not switched or fused. t Not present if indoor installation. Footnotes: 1) Rated wattage is the power consumption, including driver efficiency losses, at stabilized operation in 25°C ambient temperature environment. 2) Operating current includes allowance for 0.90 minimum power factor, operating temperature, and LED light source manufacturing tolerances. Notes 1. Use thermal magnetic HID -rated or D-curve circuit breakers. 2. See Musco Control System Summary for circuit information. 21.50 in (546 mm) 26.00 in (660 mm) 20.00 in (508 MM) _F 12.00 in (305 mm) Lu Lu W 0 2 U.S. and foreign patent(s) issued and pending • 2018, 2021 Musco Sports Lighting, LLC • TLC-LED-600 5700K 75 CRI • M-2617-en04-5 Luminaire and Driver - TLC-LED-400 Luminaire Data Weight (luminaire) 40 lb (18 kg) UL listing number E338094 UL listed for USA/Canada UL1598 CSA-C22.2 No.250.0 CE Declaration LVD, EMC, RoHS Ingress protection (luminaire) IP65 Impact rating IK07 Material and finish Aluminum, powder -coat painted Wind speed rating (aiming only) 150 mi/h (67 m/s) UL, IEC ambient temperature rating SOT (122T) (luminaire) Photometric Characteristics Projected lumen maintenance per IESTM-21-11 L90 (20k) >120,000 h L80 (20k) >120,000 h L70 (20k) >120,000 h Lumens' 46,500 CIE correlated color temperature 5700 K Color rendering index (CRI) 75 typ, 70 min LED binning tolerance 7-step MacAdam Ellipse Footnotes: 1) Incorporates appropriate dirt depreciation factor for life of luminaire. All components from foundation to poletop are designed to work together in Light -Structure System" to ensure reliable, trouble -free operation. U.S. and foreign patent(s) issued and pending • 2018, 2021 Musco Sports Lighting, LLC • TLC-LED-400 5700K 75 CRI • M-2605-en04-5 Luminaire and Driver - TLC-LED-400 Driver Data Electrical Data Rated wattage' Per driver Per Luminaire Number of luminaires per driver Starting (inrush) current Fuse rating UL, IEC ambient temperature rating, electrical components enclosure Ingress protection, electrical components enclosure Efficiency Dimming mode Range, energy consumption Range, light output Flicker Total harmonic distortion (THD) at full output 800 W 400 W 2 <40 A, 256 µs 15A 50°C (122°F) I P54 95% optional 26 - 100% 30 - 100% <2% <20% Surget protection Typical Wiring Controller j Disconnect (if present) L1 Fuse Driver T L2* Fuse * If L2 is neutral then not switched or fused. t Not present if indoor installation. Footnotes: 1) Rated wattage is the power consumption, including driver efficiency losses, at stabilized operation in 25°C ambient temperature environment. 2) Operating current includes allowance for 0.90 minimum power factor, operating temperature, and LED light source manufacturing tolerances. Notes 1. Use thermal magnetic HID -rated or D-curve circuit breakers. 2. See Musco Control System Summary for circuit information. 21.50 in (546 mm) 26.00 in (660 mm) 20.00 in (508 MM) _F 12.00 in (305 mm) Lu Lu W 0 2 U.S. and foreign patent(s) issued and pending • 2018, 2021 Musco Sports Lighting, LLC • TLC-LED-400 5700K 75 CRI • M-2605-en04-5 Luminaire and Driver - TLC-BT-575 Luminaire Data Weight (luminaire) 34lb (15 kg) UL listing number E338094 UL listed for USA/Canada UL1598 CSA-C22.2 No.250.0 CE Declaration LVD, EMC, RoHS Ingress protection (luminaire) IP65 Impact rating IK07 Material and finish Aluminum, powder -coat painted Wind speed rating (aiming only) 150 mi/h (67 m/s) UL, IEC ambient temperature rating (luminaire) SOT (122T) Photometric Characteristics Projected lumen maintenance per IESTM-21-11 L90 (20k) > 120,000 h L80 (20k) >120,000 h L70 (20k) >120,000 h Lumens' 52,000 CIE correlated color temperature 5700 K Color rendering index (CRI) 75 typ, 70 min LED binning tolerance 7-step MacAdam Ellipse Footnotes: 1) Incorporates appropriate dirt depreciation factor for life of luminaire. All components from foundation to poletop are designed to work together in Light -Structure System'" to ensure reliable, trouble -free operation. U.S. and foreign patent(s) issued and pending • 2022 Musco Sports Lighting, LLC • TLC-BT-575 5700K 75 CRI • M-2477-en04-6 Luminaire and Driver - TLC-BT-575 Driver Data Typical Wiring Electrical Data Rated wattage' Per driver 575 W Surges Per Luminaire 575 W protection Number of luminaires per driver 1 ----- -- Controller Starting (inrush) current <40 A, 256 µs L1 Fuse �- - Disconnect (if Present) ' --- - --+, Fuse rating 15 A Driver Luminaire UL, IEC ambient temperature rating, 50°C (122°F) L2* Fuse electrical components enclosure Ingress protection, electrical IP54 components enclosure * If L2 is neutral then not switched or fused. Efficiency 95% t Not present if indoor installation. Total harmonic distortion (THD) at <20% full output Footnotes: 1) Rated wattage is the power consumption, including driver efficiency losses, at stabilized operation in 25°C ambient temperature environment. 2) Operating current includes allowance for 0.90 minimum power factor, operating temperature, and LED light source manufacturing tolerances. Notes 1. Use thermal magnetic HID -rated or D-curve circuit breakers. 2. See Musco Control System Summary for circuit information. 21.00 in (533 mm) 26.00 in (660 mm) I 16.00 in (406 mm) 1 19.00 in (483 mm) 2 U.S. and foreign patent(s) issued and pending • 2022 Musco Sports Lighting, LLC • TLC-BT-575 5700K 75 CRI • M-2477-en04-6 VLP,odmt Certification for: Musco Sports Ughdng,UI lOOlstAve VV POBox m08 Oskaloosa, |A52577 USA High -intensity Discharge ` Green Generation- luminaires and remote ballast assemblies Surface -Mounted Luminaires . SportsCluster.and5ponsOuger-2°|uminaireyand remote ballast assemblies ` Light -Structure Z-and Light -Structure System- luminaires and remote ballast assemblies ` l00OVVLight-Pak=and Light -Pak indoor luminaires with K4u|,i4Natt-control system ` l00OVV5how+Light=and Show -Light Green- luminaires with hooded light actuator system and remote ballast assemblies ` 2000VVMirtran-|uminaie ` Stadium 2KFixture- 200OVV|uminaieand Hot Restrike Green- 20O0VVhot restrike |uminaie Management Equipment, Energy Industrial Control Panels Emergency Lighting and Power Equipment Lighting control systems for: ` [ontm|-Unk°control and monitoring system Control -Link retrofit control system Control panels and enclosures for: ` [unmo|-Unk°control and monitoring system ` Control -Link retrofit control system ` Lighting contactor cabinets ` Mu|h4Aau~control systems Auxiliary Lighting Interface Cabinet E]11491 LumimaireFittimgs Galvanized steel poles l2ft(37m)mless for: El32445 ` Poles for Mirtran=|uminaiemounting ` Rooftop poles ` Special applications LuninairePole inExcess of Galvanized steel poles greater than l2ft(37m)for: E325078 12ft(3.7m) , Light-SuuctumSyatem-|uminaimmoundng ` 5pouspo|e" structure ormounting system and special applications Devices, Scaffolding Service platforms for: SA7004 ` Light -Structure System- luminaires and remote ballast assemblies SportsCluster. System luminaires and remote ballast assemblies Lightning Conductors, Air Terminals, ` Ught-StmuumSystem-po|estmuumconcetebase E337467 and Fittings Light -Emitting -Diode ` LED luminaires and driver assemblies B38094 Surface -Mounted Luminaires LED auxiliary luminaires Acopy ofthe ULCertificate ofCompliance isavailable upon your request. Manufacturer's Certification of Corrosion Protection for Light -Structure System" and SportsCluster' Lighting Systems The following standard corrosion protection is provided on your equipment: • All exposed components are constructed of corrosion -resistant material and/or coated to protect against corrosion. • All exposed carbon steel is hot -dip galvanized, meeting ASTM A123 and ISO/EN 1461. • All exposed aluminum is powder -coated with high-performance polyester or anodized. All exterior reflective inserts are anodized, coated with a clear, high -gloss, durable fluorocarbon, and protected from direct environmental exposure to prevent reflective degradation or corrosion. • All exposed hardware and fasteners are stainless steel, passivated, and coated with an aluminum based thermosetting ep- oxy resin for protection against corrosion and stress corrosion cracking. Alternately, for hardware in non -stressed applica- tions, an electroless nickel coating meeting ASTM B733 may be used. Pole strapping used to mount certain equipment to light poles is annealed grade 304 stainless steel and passivated. • Certain structural fasteners are carbon steel, galvanized meeting ASTM A153 and ISO/EN 1461 (for hot -dip galvanizing), or ASTM B695 (for mechanical galvanizing). This corrosion protection package only applies to equipment manufactured by Musco. Musco Sports Lighting, LLC Greg Kubbe Director of Product Performance 2005, 2020 Musco Sports Lighting, LLC - M-1502-en04-6 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday May 15, 2023, at 6:OOpm 215 N. Tioga St. ZBAA-23-7 Appeal Cornell University, Owner: is seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) for a proposal to install signs that would exceed an aggregate sign area of 100 square feet and such individual sign(s) would exceed 50 square feet per sign, The current property is located in the Low -Density Residential District Zone, Tax Parcel No. 62.-2-4 ZBAA-23-7 about:srcdoc Jok" Town of Ithaca ZBAA-23-7 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 4/11/2023 Applicant ,;!"" David Vanderpoorten "l'e 607-339-9217 ''-° dv264@cornell.edu Humphreys Service Building Ihtaca, NY 14853 Primary Location 131 Acer Dr Ithaca, NY 14850 4/14/2023 IMPORTANT: You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form. Applicant's Information Applicant is* Property Owner Name of Primary Point of Contact* David Vanderpoorten Email Address* dv264@cornell.edu Description Is the primary point of contact for application different than the applicant?* Yes Phone Number* 6073399217 New Field 1 of 6 4/14/2023, 12:50 PM ZBAA-23-7 about:srcdoc Brief Description of Variance Request* This is a dual request: 1) the relocation of a scoreboard from its location at the old baseball field, 2) installation of a wind screen on the perimeter fence around the new baseball field. Area Variance Criteria Form A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* ire Reasons: SCOREBOARD: The proposed scoreboard is being reused from its former baseball field location in the City of Ithaca. The proposed installation is compatible with its surroundings, appropriate to the architectural character of the building and field near which is it placed, and contains no advertising. Cornell provided information about the scoreboard to Town staff on October 13, 2021, and was told that it would be subject to staff review. On April 3, 2023, Cornell was informed that the scoreboard required a variance from the Zoning Board of Appeals. Due to the sequence of events, the scoreboard was not included in the zoning variance application previously submitted to this Board, which granted a variance to the project for fence heights on February 8, 2022. The scoreboard and proposed location were included in the project plans that received final site plan approval on March 1, 2022. WINDSCREEN: A windscreen is an integral part of a baseball field and is compatible with the character of field and facilities. The logos on the windscreen are unlikely to be visible from outside of the complex. 2 of 6 4/14/2023, 12:50 PM ZBAA-23-7 about:srcdoc 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* we Reasons: SCOREBOARD: The scoreboard is an integral part of and necessary for the operation of the baseball complex. WINDSCREEN: A windscreen is a necessary part of a baseball field in order to reduce the impact of wind on the ball during play. It also creates a backdrop that will provide clearer visibility of the ball for the participants. 3. Is the requested variance substantial?* we Reasons: SCOREBOARD: The scoreboard is 350s.f., typical of an athletic scoreboard in terms of size and design, in order for it to be visible to players and spectators. The portions of the scoreboard containing Cornell logos is appr. 50s.f. The scoreboard is similar in size and design as other existing scoreboards in the Town of Ithaca (e.g., 400s.f. Ithaca College Butterfield stadium sign, 350s.f. Ithaca College Freeman baseball field sign,175s.f. Ithaca College Carp Wood Field sign,115s.f. Valentino baseball field sign at Tutelo Park, etc.) WINDSCREEN: The complete area of windscreen is 5,715s.f. and the portion of the windscreen containing print is approximately 830s.f. and will be installed on the outfield fence. It is very common to have the facility's name and/or other language on a windscreen surrounding a sports facility. There is no advertising on the windscreen. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* M 3 of 6 4/14/2023, 12:50 PM ZBAA-23-7 Reasons: about:srcdoc SCOREBOARD: The scoreboard will not have any physical or environmental impact. Its presence and electricity usage was included in the materials reviewed by the Planning Board during the environmental review of the baseball complex. WINDSCREEN: The windscreen has no physical or environmental impact. 5. Is the alleged difficulty self-created?* W Reasons: SCOREBOARD: The alleged difficulty was not self-created. As described, the size of the scoreboard is typical for this type of complex, and needs to be this size so that it is visible to players and spectators. The scoreboard contains no advertising. WINDSCREEN: The alleged difficulty for the windscreen was not self-created. A windscreen is needed to mitigate negative impact from wind during play and is typical for a baseball complex. The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first -come first -serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Meeting Date David Vanderpoorten 05/15/2023 Apr 11, 2023 4 of 6 4/14/2023, 12:50 PM ZBAA-23-7 about:srcdoc PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop off during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buffalo St side of Town Hall History Date Activity 4/11/2023, 3:19:29 David Vanderpoorten started a draft of Record ZBAA-23-7 PM 4/11/2023, 4:57:09 David Vanderpoorten added attachment New Cornell Baseball PM Field_Windscreen.pdf to Record ZBAA-23-7 4/11/2023, 4:57:28 David Vanderpoorten submitted Record ZBAA-23-7 PM 4/11/2023, 4:57:30 inspection step Application In -take Reviewwas assigned to Lori Kofoid PM on Record ZBAA-23-7 4/11/2023, 4:57:30 changed the deadline to Apr 13, 2023 on inspection step Application PM In -take Review on Record ZBAA-23-7 Timeline Label Activated Completed Assignee Due Date U(' Application In -take 4/11/2023, - Lori Kofoid 4/12/2023 Review 4:57:30 PM / Notice Pick-up (You will be emailed again - - - - when ready) 5 of 6 4/14/2023, 12:50 PM ZQA\-23'7 a6oucanx]ou Label Activated COOlDlOtOd Assignee Due Date David �] ' P8VDl8Dt VUndHrpOOrben lijbill Zoning Board Of Appeals Meeting �� ��R8vi8w Code Enforcement/Zoning Dept. 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