Loading...
HomeMy WebLinkAboutPB Minutes 1980-02-19 TOWN OF ITHACA PLANNING BOARD TUESDAY , FEBRUARY 19 , 1980 The Town of Ithaca Planning Board met in regular session on Tuesday , February 19 , 1980 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , NY , at 7 : 30 p . m . PRESENT : Vice - Chairman Montgomery May , Liese Bronfenbrenner , Bernard Stanton , Edward Mazza , Carolyn Grigorov , Barbara Schultz , Lewis D . Cartee ( Building Inspector ) , Barbara Restaino ( Planner ) . ABSENT and EXCUSED : Chairman Henry Aron , James Baker . ALSO PRESENT : Arnold J . Albrecht , Lagrand E . Chase , Randy Chase , Bruce D . Wilson , James P . Savitt ; Peter Millett , William P . Sullivan , William D . Anderson , Michael E . Leach , Victor DelRosso , Daniel B . Geller , _ Douglas Fulla.gar , Michael Valentino , Teenie Valentino , Fred M . Brown , : . Betty T . Brown , Robert A . Lynch ( WTKO ) , Chris Fickes ( WTKO ) , Wendy Burdick ( Cornell University ) , Kathy Haws ( Cornell University ) . Vice - Chairman May declared the meeting duly opened at 7 : 34 p . m . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR PROPOSED SUBDIVISION , 6 LOTS BACKLOT OF RIDGECREST ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 45 - 1 - 2 . 2 . LAGRAND E . CHASE . Vice - Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 35 p . m . , and presented for the record the Clerk ' s Affidavit of :Posting and Publication of the Notice of Public Hearing on February 11 , 1980 , and February 14 , 1980 , respectively . Mr . Lagrand Chase presented his subdivision layout plans , dated February 14 , .1980 , together with his completed Environmental Assessment Form ( Short Form ) , dated February 11 , 1980 , all of which each Planning Board member had received with their Agenda prior to this hearing . Mr . Chase noted that his subdivision plans have been revised even r further to reflect a reduction in the number of lots that have been previously proposed . He stated that the last time he was before the Board he had proposed 10 lots and had been granted preliminary subdivision approval therefor . Mr . Chase commented that at the very beginning of this process he had proposed 80 lots . Mr . Chase stated that on his 30 acres of land , he is now proposing for preliminary subdivision approval consideration , 6 parcels each a little bit in excess of 5 acres . Mr . Chase stated that this revision in plans comes about as a result of their studies and their economic feasi - bility studies; which showed that to provide public sewer into the 10 - lot proposal only the upper four lots were actually going to be able to be served and the others would have to be individual pumps - - the economics just do not work out . Mr . Chase continued and stated that with the large lots now proposed , there will be public water and each lot will stand on its own and require its individual sewage disposal septic system . Mr . Chase concluded , noting that this was where he is and the reason that he is back for preliminary approval . Mr . May stated that the Town Engineer , Mr . Fabbroni , is not here , but he has made some comments to Mr . Chase , as follows : Planning Board - 2 - February 19 , 1980 " l . Please show a 10 ' wide water easement from tank site to Swanson land along south boundary since no future public access is indicated to same . 2 . Consider ( not mandatory ) putting a gate valve to end tee for future extension . Future extensions can then be made without interrup - ting services . " Mr . May asked Mr . Chase if he had , any comments on point # 1 . Mr . Chase stated that his only comment on this point is that he wants to be very easy to get along with . He stated that he wanted to consider this . Mr . Chase said that he had stated to Mr . Fabbroni that he ( Chase ) would also like the Town to help him get access to his pro - perty to the north . Mr . Chase stated that while he is not averse to making it possible for a neighboring property owner to develop his land , he does not want to be in a position of turning it over free gratis for this purpose either . Mr . Chase stated that they need to have further discussion on this . He stated that he did not really feel that there i are a 11000 ' of service that would have to come over here to serve that property on the west . Mr . Chase said that he did not know that he wanted to :gee carte blanche written now or that he wanted to give an easement along that property to the Town or to Mr . Swanson . Mrs . Bronfenbrenner asked where this easement would be considered . Mr . Chase replied that his discussion with Mr . Fabbroni was very brief but would seem to be along what is actually the Town of Danby line . Mr . May rioted that Mr . Fabbroni ' s note indicates the south boundary line which is the Danby line . Mr . May commented that it appears not to be detrimental to Mr . Chase in any way . Mr . Chase stated that he wants to be agreeable , however , he really wants to consider it a little further . Mrs . Grigorov asked how wide the easement might be . Mr . May noted that it would be 10 ' . F w Mr . Chase stated that 10 ' is hardly servicable to put machinery in . Mr . Chase commented that this came about because Mr . Swanson says that it is not feasible for him to get public water to his property but he is paying taxes on it . Mr . Chase said that by the same token he has paid tax bills with sewer charges alone of $ 600 . 00 and so he has a reason to complain about that too . Mrs . Grigorov asked if Mr . Chase could not possibly sewer his property . Mr . Chase stated that the north portion could be sewered if he had access to King Road ; that portion , perhaps , could be if they had access , but they do noir . He stated that the only way to sewer it is by pumps , adding that this is as expensive and just does not work out . Mr . Chase stated that he has been paying taxes on something that was supposed to be able to be sewered . Mrs . Grigorov asked if Mr . Chase figured on ultimately getting access from King Road . Mr . Chase stated that he hoped so eventually . Mr . May asked Mr . Chase if he had any comments on point #2 in Mr . Fabbroni ' s note . Planning Board - 3 - February 19 , 1980 Mr . Chase stated that by putting a gate valve in you could make future extensions without interruption to other services . Mr . Chase • stated that he did not think that Mr . Fabbroni thought that this was a big thing , noting that in this case there is a gate valve out here and you would not interrupt many people should you do this . He added that if they ever get access from the north it is unlikely that they would interrupt any properties . Mr . Chase noted that all of this is subject to the review of Mr . John Andersson of the Health Department , Mr . May asked if there were any questions from the public . Mr . Michael Valentino , 158 Ridgecrest Road , asked if a leach field study had been done at the Health Department . Mr . Chase said they have not that would be done with each building permit application . Mr . May noted that the matter before the Board was consideration of preliminary subdivision approval . a Mrs . Betty Brown , 156 Ridgecrest Road , asked if she were right in thinking that Mr . Chase is not going to have the drainage system out " there " ( unclear ) , adding that the soil is not good for septic systems . Mr . Chase stated that Mrs . Brown was right , but , he noted , we are talking about 5 + acre lots . Mrs . Brown commented that the soil is very bad - - clay and rock . Mr . Chase stated that each lot would have to stand on its own for a test at that time . Mr . Chase asked for comments from Mr . Cartee . Mr . Cartee stated that this is in a preliminary study stage and if it gets through this study , it will end up in the Health Department ' s Engineer ' s office and that nothing can go past this office ( Town ) until we have the approval of the Tompkins County Health Department , Mr . Cartee noted that we are talking about five acre lots vs . 1 / 2 acre to 'h 3 / 4 acre lots . Mr . Chase added - - with no danger to well contamination , which is a worry . Mrs . Brown commented that in the spring it is pretty wet . Mr . May noted Mrs . Brown concern . Mr . Valentino stated that the only thing that really concerns him is that the lots , from the way they are laid out , would make it only feasible that any homes must be placed close in , it not being feasible to place them way back . Mr . Chase stated that there would probably be rather long driveways going back into the property . He said that he would expect or hope that they would be back a reasonable distance . �\ Mr . Valentino stated that he was very pleased to see that Mr . Chase went from 10 lots to six . Mr . May :stated that he wished the record to show that a letter had been received from Mr . Evan Monkemeyer , dated February 15 , 1980 , as follows : Planning Board - 4 - February . 19 , 1980 " Dear Mr . Chairman and other members of the Town of Ithaca Planning Board , Please let this small note be read at the public hearing , conerning Tax Parcel No . 6 - 45 - 1 - 2 . 2 " Plans for Preliminary Subdivision Approval " . I would like to express , for the record , my full support for Mr . Lagrand E . Chase ' s plans for development of this parcel of land . I believe there is adequate need and rising demand for good housing in the South Hill marketplace . I know that Mr . Chase ' s development will certainly be a worthwhile asset to the whole South Hill community , and I encourage you to approve his plans . Evan N . Monkemeyer Skyrise Associates 123 King Road East Ithaca , New York 14850 " Mr . May asked if there were any questions or discussion from the r Board . Mrs . Grigorov asked if the plans were for all one or two - family houses . It was indicated that that would be the case . Mr . May turned to discussion of the EAF Short Form as completed by Mr . Chase , Mrs . Bronfenbrenner wondered how " community " is defined as it relates to question # 14 . Mrs . Restaino stated that it refers to the overall area , adding probably all of South Hill , Mr . Chase stated that he had filed a Long Form EAF on the 10 - lot proposal and received a determination of negative impact . Mr . Stanton asked if the project will have a significant effect on the adjacent :sites , adding that he sensed that this has been dealt with . Mr . Chase agreed that this has been dealt with , noting that the road will be shorter , the lots will be a little over 5 acres rendering very little impact on the overall site or its drainage . Mr . Chase noted that the drainage that has been provided by his engineers will go down a lot line and very close to the existing drainage of the area . Mr . May asked if there were any further questions on the EAF . Mr . Valentino , referring to question #5 , " Will project significantly affect drainage flow on adjacent sites ? " , asked how Mr . Chase was able to come out and just say no . Mr . May pointed out that the key word here is " significantly " . Mr . May noted that those portions under roof or taken up by roadway by six ., 5 - acre lots is not much . Mr . Valentino cited as an example of certain drainage problems in the area , the severe drainage problem on King Road , the north edge , where there is ice buildup across the road , even this year which is a very mild winter . Mr . Mazza described some examples of what affects drainage , being the imposition on land of house roofing , roadways , driveways , etc . Mrs . Brown asked how one would know that whoever buys one of the 5 - acre lots will not subdivide it . Mr . Mazza described the constraints upon further land subdivision . Mr . Mazza noted that the Town Engineer has fully reviewed these plans and has made no comments on this . or on drainage . Planning Board - 5 - February 19 , 1980 Mr . Douglas Fullagar , 161 Ridgecrest Road , asked why Mr . Chase noted in question #6 that the project will not affect any threatened or . endangered plant or animal species . Mr . May explained that the Environ - mental Assessment is both completed by and reviewed by lay people and is based on good people ' s intention and knowledge . Mr . Mazza asked Mr . Fullagar if he knew of some endangered species there , please inform the Board . Mr . Fullagar stated that he did not know of any . Mrs . Bronfenbrenner stated that if you were to add the frontage on lots # 1 and #6 , in the curve of the cul de sac , you do get more than 200 ' fronage on eachof these particular lots since a portion of the frontage of each lot runs up the proposed road and continues on for a distance into the curve , and , therefore , you could conceivably get a second lot in terms of frontage , though there may well be other problems such as Health Department approval . r Mr . May asked if there were any further discussion on the EAF . There was none . MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the review of the proposed Lagrand E . Chase Subdivision , 6 lots backlot of Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 45 - 1 - 2 . 2 , approve and hereby does approve the Environmental Assessment Form as completed ; and FURTHER RESOLVED , that pursuant to the State Environmental Quality . Review Act , Parts 617 , this action is classified as Unlisted ; and FURTHER RESOLVED , that the Town of Ithaca Planning Board has deter - mined from the Environmental Assessment Form and all pertinent information that the above -mentioned action will not significantly impact the environ - ment and , therefore , will not require further environmental review . There being no further discussion , the Vice - Chairman called for a vote . Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - . None . The MOTION was declared to be carried unanimously . Mrs . Bronfenbrenner stated that the roadway is slightly longer than permitted in the subdivision regulations , which say 500 ' , but that she did not see this as a major problem , however , it should be noted . Mr . May agreed that this should be noted . Mr . Chase stated that the Town Engineer saw no reason to have this a problem and added that the proposed road is some 100 ' shorter than the other proposal which was granted preliminary approval . Mrs . Bronfenbrenner stated that with lots this size , she did not see . a reason for a park . The Board appeared to concur in this . Mr . Mazza pointed out that 100 ' on the road is the minimum require - ment in R- 15 and asked how far.. : back it would be necessary to go to achieve this . Mr . Mazza said he was concerned with the intent of the zoning ordinance to keep away from crowding . Planning Board - 6 - February 19 , 1980 Mr . Stanton thought that it would be necessary to go back into the lot roughly 1. 00 ' . . Mr . Maz2; a stated that he wanted to make sure that it is a minimum of that that the houses are placed back . Mrs . Bronfenbrenner stated that to designate a location for a house may be a problem , noting that this land is hilly . MOTION by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Preliminary Subdivision Approval for proposed Subdivision , 6 lots backlot of Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 45 - 1 - 2 . 2 , as presented this date by Mr . Lagrand E . Chase . Mr . Mazza stated that he would like to add the condition that any home be placed back from the front of the lot so as to make a 100 ' wide lot , in other words , that the front yard requirement be measured from that point . Mr . May asked Mr . Mazza how he would wish to define that line . Mr . Stanton asked if we could add to this just with the understanding that with the final subdivision plan the houses will be placed back far enough that this would not be an issue . Mr . Stanton commented that it seemed to him that if the motion were made in that vein it could be followed by communication with Mr . Chase . Mr . Mazza stated that Mr . Chase may not build the houses . Mr . Chase indicated that he was not sure just where the set back was being discussed from . Mr . Stanton stated that he was in .- favor of granting preliminary subdivision approval if a statement can be added that makes sense to all of those involved . Mr . May :suggested that the wording could be to this effect - - " houses would not be built closer than a 100 ' line parallel to the cord between the lot lines , this being only applicable to lots 2 , 3 , 4 , and 5 . Mr . Stanton stated that he withdrew his Motion which had not been seconded . MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Preliminary Subdivision Approval for proposed Subdivision , 6 lots backlot: of Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 45 - 1 - 2 . 2 , as shown on . . map presented to said Planning Board on February 19 , 1980 , entitled " Subdivision Layout , Lagrand Chase Co . , Inc . , Developer , Topographic & Boundary Map , Portion of Lands of Chase , Ridgecrest Road , Town of Ithaca. , Tompkins County , N . Y . " , dated May 31 , 1979 , Revised February 14 , 1980 , signed and sealed by Thomas G . Miller , P . C . , Engineer / Surveyor , with. the condition that on lots 2 , 3 , 4 , and 5 no house be built closer to the front of the lot toward the road access than to a point where the lot is at least 100 feet wide . There being no further discussion , the Vice - Chairman called for a vote . Planning Board - 7 - February 19 , 1980 Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . • The MOTION was declared to be carried unanimously . Vice - Chairman May declared the Public Hearing in the matter of the Chase Subdivision duly closed at 8 : 20 p . m . PUBLIC HEARING : CONSIDERATION OF SITE PLAN APPROVAL FOR ADDITIONAL BUILDING SPACE ON THERM , INC . , LAND , TOWN OF ITHACA TAX PARCEL NO , 6 - 54 - 2 - 1 . Vice - Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 20 p . m . , and presented for the record the Clerk ' s Affidavit of :Posting and Publication of the Notice of Public Hearing on February 11 , 1980 , and February 14 , 1980 , respectively . Mr . Arnold Albrecht appeared before the Board on behalf of Therm , Inc . with plans and completed EAF ( short form ) , all of which had been mailed to the Board members with their Agenda prior to this meeting . 4 Mr . Albrecht noted that the presently existing floor space of Therm facilities is one and one - half acres , exclusive of the proposed addition measuring 44 ' x160 ' , on a total land area of over fifty acres . Mr . Albrecht pointed out to the Board that the addition , as could be seen from the drawing , is two floors with a total of 14 , 000 sq . ft . Mr . Albrecht stated that the side lots are substantial , noting that • the distance to the nearest side lot is 80 ' , and further , that the dis - tance from the front to the road is over 600 ' . Mr . Albrecht stated that they are well within the property and , of course , in the back a couple thousand feet . He noted that the property goes back to the old switch back . Mrs . Bron. fenbrenner referred to Article VIII , Section 44 , paragraph 4 , citing as- follows : " Height : no structure shall exceed one story or 25 feet in height . " Mr . Albrecht stated that the proposed addition will not be over 251 ; it will be less than 25 ' , adding that all their buildings are two stories . Mr . Mazza asked about the existing water line . Mr . Albrecht stated that it was put in last year and has to be dug up . Mr . May asked if there were any questions from the public . There were none . Mr . Mazza asked in reference to Section 44 , paragraph 4 , of the Zoning Ordinance is it alright to meet one of these points . There was no definitive :response . Mr . Mazza continued and stated that he was in favor of this proposal , but he did not want to hang Therm up at some other time . The Board turned to discussion of the completed EAF , Short Form , Mr . Stanton noted that there is no new paving , just additional roof surface . Mr . Albrecht stated that the addition is to be built on top of a driveway . MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : Planning Board - 8 - February 19 , 1980 RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the review of the proposed additionah building space on Therm , • Inc . lands , Town of Ithaca Tax Parcel No . 6 - 54 - 2 - 1 , approve and hereby does approve the Environmental Assessment Form as completed ; and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Parts 617 , this action is classified as Unlisted ; and FURTHER RESOLVED , that the Town of Ithaca Planning Board , has deter - mined from the Environmental Assessment Form and all pertinent information that the above - mentioned action will not significantly impact the environ - ment and , therefore , will not require further environmental review . There being no further discussion , the Vice - Chairman called for a vote . Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . The MOTION was declared to be carried unanimously . Returning; to the matter _ of _ _ site plan review , Mr . Mazza stated to Mr . Albrecht that for their own protection if they are granted Planning Board approval , maybe Therm ought to go to the Zoning Board of Appeals . Mr . Cartee suggested that perhaps an opinion from the Town Attorney could be sought . MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Site Plan Approval for additional building space on Therm , Inc . land , Town of Ithaca Tax Parcel No . 6 - 54 - 2 - 1 , being a 44 ' x 160 ' addition to existing facilities as shown on site plan presented to said Planning Board on February 19 , 1980 , such site plan being entitled " Therm Boundaries - Showing Location of Proposed Addition " , dated March 30 , 1975 , Revised February 1980 , conditioned upon an opinion from the Town of Ithaca. Attorney with respect to Article VIII , Section 44 , para - graph 4 , of the Town of Ithaca Zoning Ordinance , which opinion shall be obtained within two weeks from the date of this meeting and if such opinion is not given the approval is granted . There being no further discussion , the Vice - Chairman called for a vote . Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . The MOTION was declared to be carried unanimously . ( It should be noted here for future readers that on February 22 , 1980 , Mr . Lewis Cartee , Building Inspector , issued the following report to the Planning Board : " I met with Mr . James V . Buyoucos on February 21 , 1980 , in Town Hall , accompanied by Mr . Henry Aron and Mrs . Fuller . I informed Mr . Buyoucos that I had measured the height of the structure and that no part of the building was more than twenty - three feet ( 23 ' ) above the surface of the ground . Therefore , Mr . Buyoucos said there was no need for any opinion , the Ordinance speaks for itself . " ) The Vice - Chairman closed the Public Hearing at 8 : 35 p . m . Planning Board - 9 - February 19 , 1980 PUBLIC HEARING : CONSIDERATION OF REQUEST OF CORNELL RADIO GUILD , INC . D / B / A WVBR , FOR INSTALLATION OF RADIO BROADCASTING ANTENNA TRANSMITTING • TOWER , 245 BUNDY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 27 - 1 - 7 . Vice - Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 35 p . m . , and presented for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing on February ll , 1980 , and February 14 , 1980 , respectively . Mr . James P . Savitt , President of WVBR , appeared before the Board . He referred to the various documents that had been forwarded to the members with their Agenda including an application for building permit , cover letter of explanation of proposal , maps , plans , real estate option agreement and EAF ( Short Form ) . Mr . Savitt spoke to the Board presenting the reasons why WVBR would like to do this transmitter relocation to Bundy Road stressing that the M radio station is an asset to the community and that the relocation would not really hurt anyone . As to why they feel this is in the long term interests of -the community , he stated that they are licensed by the FCC and the only :reason they exist is to serve the public interest and , basically , if they do not serve that public interest their license is taken away . ]ie noted that WVBR has been licensed for 22 years and the station only exists to serve the area in which it exists , and that is Ithaca . Mr . Savitt stated that WVBR has news and information programming which is 50% above FM requirements for information programming . He noted the sports coverage of Ithaca High School , Cornell University and Ithaca College . He mentioned their public affairs programs as an outlet for varied opinions in Ithaca and for the promotion of local public interest groups such as " Being Ourselves " , a program for women in Ithaca , talk shows on Sunday , " This Sunday " , which provides a local forum and talk show for local issues , public response being invited through phone calls . He noted the community bulletin board which gives road conditions , weather reports , cancellations , etc . , whereby information is provided to the people . Ile described the entertainment aspect of the station such as music and noted that their ratings are up so they are doing what people like . He commented on the advertising aspect not only for businesses but for political campaigns also . Mr . Savitt pointed out that WVBR is a non - profit company - - there are no profits . Mr . Savitt stated that at present WVBR is not serving Ithaca as well as they,-- think they can since at the present transmitting site WVBR cannot optimally serve . the public interest . He noted again that WVBR is a non - profit company , staffed by volunteers . He stated that from their Hungerford Hill site they miss a large , substantial , portion of Tompkins County . . He said the areas being missed are all along East Hill in the City and Town and amounts to about 10 , 000 people . He noted that they are weak out the Route 13 corridor into Dryden . Mr . Savitt explained that the problem is that WVBR cannot totally serve the area that they are licensed to - - many people are missing road bulletins , information that WVBR provides , cancellations , music , and Emergency Broadcast System facilities , and therefore , overall Ithaca is not fully reached , informed , entertained , and they are upset about not being able to do their job and want to do something about it . Mr . Savitt stated that they think they have found a solution and that is to move to a site where more of Ithaca will be served . He stated that their engineering studies show that the area around Bundy Road on Planning Board - 10 - February 19 , 1980 West Hill will alleviate problems that they now have in many areas of Tompkins County . He said they will gain ten to fifteen thousand listeners . • in the City and Town of Ithaca and another 12 , 000 will become potential listeners outside of Ithaca able to receive WVBR ' s varied services . Mr . Savitt stressed that there is a very small area that would properly service these needs . He stated that this is the only site where they could find someone willing to sell their land . He pointed out that this is an important thing for WVBR to have . He stated that they have searched quite a long time and the Bundy Road site is the only site inside the area that suits their needs that they can obtain . Mr . Savitt noted that their signal would be weak only in areas that are not too populated , however , those areas are weak . now anyway . He stated that thusly they can serve the public interest most effectively by moving to Bundy Road . Mr . Savitt stated that as important as that is , it is also important that there are very few problems with the new site and no one will be significantly disturbed by the new facility . He stressed that they really do not think that they will disturb people in the area of Bundy Road , Mr . Savitt pointed out that there will be only one tower 280 ' high and 18 " wide made of metal mesh with guy wires in four directions which will be practically invisible . Mr . Savitt mentioned the WHCU towers on Mount Pleasant which most people do not even know are there . He pointed out that the tower is not as tall as the four WTKO towers . Mr . Savitt stated that there will be two dull red lights on the tower , one on the top and one in the center . He said that the center one stays on and the top one flashes every second and a half . Mr . Savitt stated that the tower will be located a full 1 / 4 mile off Bundy Road , about 1 , 250 feet , and , in addition , it is masked on the north and east by tall hedges and on the south and west by woods . He noted that the back is wooded . Mr . Savitt stated that there will be a building on the site which will not be able to be seen from the road . He stated again that the building will be invisible from the road and is small like a two - car garage . He noised that it will be quiet with access to the building only once a week , the site usually unmanned . He stated that there will be no noise ; the transmitters are very quiet . Mr . Savitt: described the land as being currently unused and which once was farmland but is unsuitable for farming because of the rock and clay soil . He said the property has been left unkept . Mr . Savitt, stated that the proposal is basically just a tower ; there is no major grading needed ; the stream on the land will be un - touched the driveway being bridged over the stream . He noted that as far as trees are concerned , probably no trees will be cut though there may be a couple removed dependent upon the location of the driveway . Mr . Savitt stated that the parcel is 500 ' x 500 ' . iMr . Savitt stated that the nearest houses on Bundy Road are 1 / 3 mile away and there are only 3 houses within 1 / 2 mile of the site , adding that there is no one there to disturb either visually or otherwise . He pointed out that at the location of the current tower the land around it is used for grazing . Planning Board - 11 - February 19 , 1980 Mr . Savitt summed up by noting that the tower would be available for other services such as police , fire , etc . , and for use for pagers , etc . He said there would be a leasing arrangement for public services . Mr . . Savitt stated that the signal should not interfere with radio and TV reception . He noted further that the power lines will be subterranean so there would be no messy lines . Mr . Savitt stated that there will be no interference with airports or airplanes . Mr . Savitt concluded pointing out that there would be no alteration to the basic fabric of the land and the basic community . Mr . Savitt asked if there were any questions , adding that the public utility matter will be addressed by Mr . Bruce Wilson , their attorney . Mr . May asked if the Board could hear from Mr . Wilson . Attorney Bruce D . Wilson appeared before the Board and stated , referring to the application for building permit , that the proposal meets all the requested zoning and is coming in as a public utility . Mr . Wilson stated that unfortunately the zoning ordinance does not have any setting forth of a radio tower though it does have public utility set forth . Mr . Wilson pointed out that the zoning ordinance does not say what a public utility is . Mr . Wilson stated that he had gathered various definitions from sources such as Webster ' s Dictionary , various Public Utilities laws and from the Consolidated Law Services . Mr . Wilson stated that the dictionary defines a public utility as a private business organization that is subject to governmental regula - tions because :it provides an essential service or commodity , such as • water , electricity, transportation , or communication , to the consuming public . Mr . Wilson pointed out that WVBR is regulated by the FCC and that there is an application before the FCC now for approval on this proposal . Mr . Wilson noted that the purpose of WVBR is to service the public , i . e . , public service . Mr . Wilson read from Black ' s Law Dictionary as it refers to a public utility , noting that a public utility is set forth as a business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need , such as electricity , ga. s , water , transportation , or telephone or telegraph service ; any agency , instrumentality , business industry or service which is used or conducted in such manner as to affect the community at large , that is which is not limited or restricted to any particular class of the communi - ty ; the test for determining if a concern is a public utility is whether it has held itself out as ready , able and willing to serve the public . ( Emphasis added by Mr . Wilson . ) Mr . Wilson noted that Mr . Savitt has told the Board about this aspect . Mr . Wilson read from the Public Utilities Law ( 67 NY Jur ) , SS 188 . C. PUBLIC UTILITIES § 188. Generally. The authority of a municipal corporation to prohibit or to reg. ulate the location, expansion, and operation of public utilities is not identical to its power over the generality of commercial uses. The general rules developed in cases involving the common busi= ness uses have been modified to fit the unique features of public utility uses, and to permit the expansion of essential services con- sistent with comprehensive plans for community development." Planning Board - 12 - February 19 , 1980 Perhaps the most significant feature of a public utility is the • vital nature of the product which it supplies. It has been defined as '"a business or service which is regularly supplying the public with some commodity or service which is of public consequence anal need, such as electricity, gas, water, transportation , or tele- phone or telegraphic service."" Public utilities are unique in other ways. Normally, these com- panies enjoy a monopoly. They operate under a franchise, sub- ject to some measure of public regulation. These features may be significant in relation to local control, because new regulations on the municipal level may infringe vested rights" or conflict with state law.'* 12. Black's Law Dict (4th ed. 1960 ) . 13. Long Island Lighting Co. v Old Brookville (Sup) 72 NYS2d 7180 affd 278 AD 856, 77 NYS 2d 1489 affd 298 NY 6691 81 NE 2d 104, 14. Consolidated Edison Co. v Briar- cliff Manor, 208 Mise 295, 144 NYS2d 879, 11. See generally Comment, Zoning* ` and the Expanding Public Utility. 18 Syracuse L Rev 681 . Mr . Wilson referred again to the FCC supervision of this station . Mr . Wilson noted that there is nothing in Town Law nor in the Town Ordinance relating to definitions of public utility . Mr . Wilson stated that the Public Service Law is essentially the same as the Public Utilities Law . Mr . Wilson stated that it is their position that this proposal fits into the category of a public utility and as such meets the requirements of a public utility and fits the Town zoning ordinance . Mr . Wilson stated that insofar as side yards , etc . , this has been gone over with Mr . Cartee . Mr . Wilson referred to the EAF and noted that with regard to ques - tion # 8 , asking if the project will have a major effect on visual character of the community or scenic views or vistas known to be impor - tant to the community , the answer was left blank . He indicated that it could be marked " yes " if the effect were considered " major " . Attorney William P . Sullivan , representing WTKO , asked the Chair if the Planning Board makes a determination as to whether this is a public utility .. Mr . May responded on behalf of the Board that he was unable to answer that question . Mr . Mazza stated that in effect the Planning Board makes the deter - mination - - it. may ask the advice of the Town Attorney - - but it makes the determination . Mr . Sullivan stated that before he knows how to proceed , he would Planning Board - 13 - February 19 , 1980 like to know what the question is before this Board , adding that if it is a public utility discussion then he has some comments , such as size , • among others . Mr . May stated that the matter is essentially one of site plan approval and the Board will note size , height , coverage , location , among many others . Mr . Sullivan asked if there has been FCC approval and further if the option agreement from Mr . and Mrs . Carpenter has been executed . Mr . Wilson responded that the option agreement has been executed and they are awaiting FCC approval . Mr . Sullivan asked if there has been application made to the FAA . Mr . Wilson replied that there has . Mr . Sullivan asked if they have received approval from them . Mr . Wilson replied that they have not . Mr . Sullivan stated that back in 1970 WTKO wished to erect a tower out in the Beacon Hills area and at that point in time the Town Attorney , Mr . Buyoucos , wrote an opinion letter to some group in the Town dated April 27 , 1970 . Mr . Sullivan read from that letter as follows : " . . . . . . I find neither a New York statute nor a New York State court decision which expressly defines a radio bradcasting station as a public utility , I find no federal statute which gives an all encom - passing defin =ition of a public utility which expressly includes , among • other activities , radio bradcasting and transmission . . . . . . . . . " Mr . Wilson stated that there is no definition , adding that he read what there is ,, Mr . Wilson stated that WTKO applied under public utility at that time in 1970 . Mr . Wilson _ . stated that he did not understand the reason for WTKO being here :,represented . by counsel . Mr . Wilson stated that he did not want to debate this with WTKO . He stated that they will be happy to answer questions . He stated that he believed the Board had the discretion and asked that they not be influenced by WTKO . Mr . Sullivan stated that they are not concerned from a competition standpoint , noting the services , etc , of radio stations . Mr . Sullivan stated that WTKO feels that the law was applied to WTKO in 1970 when , in fact , they attempted to come into the Town of Ithaca . He noted that it was applied there and the law should be consistent . Mr . Sullivan used the example of Anderson Trucking Company which is regulated by the Department of Transportation and renders public service . He stated that. clearly that is not a public utility . Mr . Sullivan stated that the decision has been made by this Town that a radio station is not a public utility and if that decision has been made , it is still not in the zoning ordinance . He stated that if the Town wishes to change that there is precedence to show that it is not a public utility . ® Mr . Sullivan asked . . if _ , the section dealing with the inclusion of public utilities in the ordinance can be reviewed we find that what is permitted is any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same set - back requirements as apply Planning Board - 14 - February 19 , 1980 to residences in the district in which the substation or similar struc - tures are constructed . Mr . Sullivan asked what public services are • there that need to be maintained . Mr . Sullivan noted that everyone ought to live under the same set of rules , adding that this is not a matter of commercial competitiveness . Mrs . Bronfenbrenner asked Mr . Savitt if their current tower is in the Town of Ithaca . Mr . Savitt said it is , in an Agricultural Zone on Cornell University property . Mr . Victor DelRosso , 138 Bundy Road , stated that he would like to make a few comments . Mr . DelRosso stated that he can get WVBR very well . He commented that since WVBR is non - profit , it is probably non - competitive . Mr . DelRosso stated that the people WVBR is talking about do not lack for services . Mr . DalRosso pointed out that there is a zoning problem and further , if you :look at the Town Map and note the way the Town highway roadways work , you will see designated on the Town Map a proposed road connecting with Hopkins Road . Ile stated that if that road were to be put in that area of -the Town would likely develop residentially . Mr . DelRosso stated that the tower is counter - productive to what one . would want to have , adding that four acres of land would be occupied . which is quite a sizable plot to be encompassed . Mr . DelRosso noted that WVBR has stated that this is the only ideal location available . He recalled that at the time that WTKO presented their proposal , there was only one ideal location to be found , that being the Wrisley property on King School House Road . Mr . DelRosso noted that WTKO did find another location that was good . Mr . DelRosso stated that there is a lot of homework to be done on this before any decision can be in hand . Mr . Michael Leach , 268 Bundy Road , expressed concern that he had not received a Notice of Public Hearing in the mail . It was explained that since this is not a request for rezoning , the public notice is that which is published in the Ithaca Journal in the Legal Notices sections , together with the posting of the Notice in Town Hall and notification of the media . Mr . Leach stated that there are other areas available such as on Sheffield Road where Mr . Carpenter also has property . Mr . Savitt stated that WVBR cannot locate there and explained • about the hill. and how FM goes by line of site . He stated that if they were to locate there they would lose the entire bottom of West Hill , Mr . Leach stated that he did not understand the need for this since they have a working tower now . Mr . Savitt reiterated his pre - vious statements that WVBR is licensed to serve the public - - to serve Ithaca . Mr . William D . Anderson , 258 Bundy Road , stated that the tower should not be located there . He pointed out that there is a cut for a creek , the hedgerows are non - existent , and the tower would definitely interfere with the flight patterns for planes , that area being the main flight pattern to the airport up there . Mr . Savitt stated that he disagreed with Mr . Anderson ' s remarks . Mr . Sullivan asked when the present tower on Cornell land was built . Mr . Savitt said it was the late 150s or early 160s . Mr . Wilson referred to Mr . Sullivan ' s use of trucking as an example of a public service but not public utility , and stated that WVBR Planning Board - 15 - February 19 , 1980 is a public service in the sense that it is not for profit , however , he noted , that there is a distinction between these two groups . Mr . Wilson noted that Mr . Sullivan had referred to Mr . Buyoucos ' letter and commented that that was good since it points out that there is no definition of public utility . Mr . Sullivan urged the Board to look into all aspects of this matter . He suggested that the following should be answered : how was this set- up ; what is it for . Mr . Sullivan suggested going to the Town Attorney and asking him if there is any distinction . He suggested asking the Town Attorney for the current state of the law . At the 9 : 30 p . m . , Vice - Chairman May sugg.ested .- that _._the .. Public _ Hearing be closed , however , it was not officially closed . Mr . May stated that there are a number of unanswered questions , some of which were : . 1 . The position of the FCC . 2 . The position of the FAA . . 3 . The relation of this tower to existing authorities , e . g . , planes . 4 . What the requirements are for a tower in specific areas such as : area , spaces , lighting , height , many other areas . 5 . The further need for members of this Planning Board possibly to go out and look at the site . 6 . Identifying of what is up there - - e . g . , hedgerows , air paths . 7 . The guying for a 500 ' x 500 ' parcel . 8 . The guying for all four corners , - - does it cover 100% of the 14 property . 9 . Requirements of the zoning ordinance . 10 . This is a 280 ' tower which , if it were to fall , would not be contained in the parcel - - this certainly needs to be looked into . . . Mr . Stanton expressed the hope that the adversary positions taken at this meeting would not continue . MOTION b; Mr . Montgomery May , seconded by Mrs . Liese Bronfenbrenner : RESOLVED , that the PUBLIC HEARING in the matter of consideration of request of Cornell Radio Guild , Inc . d / b / a WVBR , for installation of radio broadca :3ting antenna transmitting tower , 245 Bundy Road , Town of Ithaca Tax Parcel No . 6 - 27 - 1 - 7 , be and hereby is adjourned to Tuesday , March 18 , 1980 , at 7 : 30 p . m . , pending a walk by members of the Planning Board on the Land , further definition as far as the regulations con - cerning a tower of this nature and also exactly the position of the Federal bodies that are involved in it . By way of discussion , Mr . Mazza asked Mr . Savitt when WVBR expec - ted to hear from the FAA and the FCC . Mr . Savitt replied that they expect to hear in April or May , adding that they do not expect to run into any trouble there . He stated that this is a relatively simple matter and thE! y do not have any objection . He stated that in order • to be totally honest in this these bodies might ask for minor adjust - ments , but he did not really expect any . Mr . Savitt stated that they were concerned about the option agree - ment expiring June 30 , 1980 . Mr . Mazza asked for an executed copy of the option agreement . Mr . Wilson will supply the Board with same . Planning Board - 16 - February 19 , 1980 Mr . Mazza wanted to make sure that permission from the owner would be granted so that Board members could visit the site . • At this point , the Vice - Chairman called for a vote on the MOTION . Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . The MOTION TO ADJOURN TO MARCH 18 , 1980 , was declared to be carried unanimously . Vice - Chairman asked which members of the Board would be willing to walk the site in question . Mrs . Grigorov , Mrs . Schultz , and Mr . Mazza stated that they would . That tour will be arranged by them in conjunc - tion with Mr . Savitt . Vice - Chairman May declared the Public Hearing duly adjourned until March 18 , 1980 , at 7 : 30 p . m . , and stated that this Motion will stand as the Public; Notice , APPLICATIONS FOR SIGN PERMIT - HAYLOFT ART STUDIOS ( 2 ) , 1059 DANBY ROAD , EVAN N . MONKEMEYER . Mr . Cartee presented two applications from Mr . Monkemeyer for his property at 1_ 059 Danby Road , known as the Hayloft Art Studios . The signage consists of one free - standing sign from which hang two signs reading " The Hayloft Art Studios , Rental Information , 272 - 3813 " , • and " Vacancy " . The other sign proposed is a temporary sign to be put up6on the days of exhibitions , art shows , events , etc . , and taken down after event is concluded , and reading " Art Show Today " . Mr . Cart: ee stated that the sign is in place , and proper payment has been recE� ived . Pictures of the sign were displayed . MOTION by Mr . Montgomery May , seconded by Mrs . Liese Bronfenbrenner : RESOLVED , that the Town of Ithaca Planning Board recommend and here - by does recommend to the Town Board approval of the signage for the Hayloft Art :audios , as presented by two applications to this Board on February 19 , 1980 . There being no further discussion , the Vice - Chairman called for a vote . Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . The MOTION was declared to be carried unanimously . APPROVAL OF MINUTES - NOVEMBER 6 , 1979 ; JULY 17 , 1979 . MOTION by Mr . Montgomery May , seconded by Mrs . Liese Bronfenbrenner : RESOLVED , that the Town of Ithaca Planning Board Minutes of Novem- ber 6 , 1979 , be and hereby are approved as presented to said Planning Board on this date , . February 19 , 1980 , having been properly corrected . There being no further discussion , the Vice - Chairman called for a vote . Planning Board - 17 - February 19 , 1980 Aye - May , B :ronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . • The MOTION was declared to be carried unanimously . MOTION by Mr . Montgomery May , seconded by Mrs . Carolyn Grigorov : RESOLVEll , that the Town of Ithaca Planning Board Minutes of July 175 1979 , be and hereby are approved as written . There being no further discussion , the Vice - Chairman called for a vote . Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov . Nay - None . Abstain - Schultz . The MOTION was declared to be carried . CONTINUED DILICUSSION OF JANUARY 31 , 1980 , DRAFT OF THE PROPOSED REVISIONS TO THE SIGN ORDINANCE . Mr . Cartee , the Building Inspector , had prepared a list of certain portions of the proposed sign ordinance revisions that he felt needed further discussion and he set these before the Board , as follows : 3 . 01 - 2 ( d ) , - page 5 - " One sign listing the architect , engineer , con - tractor and / or owner , on premises where construc - tion , renovation , or repair is in progress , not to exceed 24 square feet . " Mr . Cartee stated that this sub - section refers to an exempt tempor - ary sign in any district without a permit , and noted that that is a big sign . He suggested that it not be without a permit . Mrs . Grigorov asked where such a sub - section should be . Mr . Cartee suggested that it should be in a section under a permit if we are talking in terms of 24 sq . ft . He pointed out that a free - standing sign is only 36 sq . ft . Mr . May said that his only concern about it being in a district requiring a permit is that somehow it needs to be a temporary sign , not a permanent sign . Mr . Cartele suggested dropping the 24 sq . ft , and have a time limit . Mr . May wondered what time limit would be appropriate . It was decided that this sub - section should go back to the Committee for further discussion . 3 . 02 - 1 ( c ) , page 6 - - " Signs as needed to identify the buildings or activities of colleges , universities , hospitals , not to exceed 6 square feet . " • Mr . Cartee urged that " hospitals " should be taken out of this sub - section and put someplace else . It was decided that this sub - section should go back to the Committee for further discussion . Planning Board - 18 - 1February 19 , 1980 4 . 02 - 2 ( b ) , # 1 and # 5 , page 8 - - " 1 . One wall sign on each building or store frontage . • 5 . Awning signs . " After discussion with Mr . Cartee , it was decided that these two sub - sections should go back to the Committee for further discussion , and , might include sub - section 2 also . 5 . 03 - 4 - - " Freestanding signs shall be placed in front yards only , shall be located no closer than 6 feet from a building , and no part shall extend over a public street or sidewalk . " After discussion with Mr . Cartee , it was decided that this section should go back to the Committee for further discussion . Mrs . Restaino wished also to discuss the following : 5 . 03 - 5 - - " Freestanding signs shall not be copy - change type . " Mrs . Restaino stated that she would like to ask about copy change signs since we do have several on Elmira Road - - McGuire Gardens , Bell ' s . Mr . May stated that the copy change signs that the Committee had reference to they envisioned them not be the type of signs that Mrs . Restaino is talking about . It was decided that this section should go back to the Committee for further discussion . There were no further items that either Mr . Cartee or Mrs . Restaino or the Board wished to refer back to committee for further discussion . It was agreed that the Committee would meet as soon as possible in order to ' have the final draft typed for presentation at the next Planning Board meeting . It was also agreed that both Mr . Cartee and • Mrs . Restaino would meet with the committee . STATUS REPORT = PLANNING BOARD BY - LAWS No report . ADJOURNMENT Upon Motion , the Vice - Chairman declared the February 19 , 1980 , meeting of the Town of Ithaca Planning Board duly adjourned at 10 : 10 p . m . Respectfully submitted , Nancy M . Fuller , . • Secretary . TOWN OF ITHACA PLANNING BOARD TUESDAY , FEBRUARY 19 , 1980 • A G E N D A 7 : 30 P . M . PUBLIC HEARING : Consideration of Preliminary Subdivision Approval for proposed Subdivision , 6 lots backlot of Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 -45 - 1 - 2 . 2 . Lagrand E . Chase . . 8 : 00 P . M . PUBLIC HEARING : Consideration of Site Plan Approval for .. . Additional Building Space on Therm , Inc . , land , Town of Ithaca Tax Parcel No . 6 - 54 - 2 - 1 . 8 : 15 P . M . - PUBLIC HEARING : Consideration of request of Cornell Radio Guild, Inc . d / b / a - VVBR , - for . installation - - of radio broad - casting antenna transmitting tower , 245 Bundy Road , Town Ithaca Tax Parcel No . 6 - 27 - 1 - 7 . 8 : 45 P _M . Applications for Sign Permit - Hayloft 'Art Studios ( 2 ) 1059 Danby Road 9 : 00 P . M . Approval of Minutes July 17 , 1979 November 6 , 1979 9 9 9 : 15 P . M . Continued discussion of January 31 , 1980 , draft of the proposed revisions to the Sign Ordinance , 9 : 45 P . M . Status Report - Planning Board By - Laws . 10 . : 00 P . M ADJOURNMENT ' Nancy M . Fuller Secretary NOTE : IF ANY MEMBER . OF THE PLANNING BOARD . IS UNABLE TO ATTEND , PLEASE NOTIFY ' ME IMMEDIATELY AT 273 - 1747 . Mr : Aron and Mr . Baker have notified me that they will be unable to attend . A QUORUM IS NECESSARY TO CONDUCT PUBLIC HEARINGS . AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA, N , Yo I , . Jean H Swartwood being duly .sworn, say that I: am the Town Clerk of the Town of Ithaca, Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the . notice has been duly published in the local. newspaper; ( Ithaca Journal ) Notice of Public Hearings to be held by the Planning Board of the Town of 1.thaca on Tue .> day , February 19 , 1980 , in . Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , commencing at 7 : 30 p . m . , as per attached . . Location of sign '.board used for posting : Front. Entrance to Town Hall . Dame of Posting : February 11 , 1980 Date of Publications February 14 , 1980 IMXX $XXLMM Jean H . . Swartwood Town Clerk Town of ,- Ithaca • State of New York County of Tompkins; SSa Town of Ithaca Sworn to before me this 15th day of February ' 19 80 0 NOTARY CONSTANCE E. ALLEN Notary Public. Sate of New York Qualified in County Term Expires c, ., 0, 19rj Thursday, Feb. 14, 1980 ITHACA. JOURNAL 15 1 Legal Notices TOWN OF ITHACA PLANNING BOARD, NOTICE OF PUBLIC HEARINGS TUESDAY, FEBRU- ARY 19, 1980 By direction of the Chairman of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Plan- ning Boardof theTownof Ithacaon Tuesday, February 19, 1980, In Town Hall, 126 East Seneca Street ( second floor ), Ithaca, N .Y ., at the following times and on the follow- Ing matters : 7 : 30 P.M. Consideration of Pre- liminary Subdivision Approval for proposed Subdivision, 6 lots backlot of Ridgecrest Road, Town of Ithaca Tax Parcel No. 6.45.1 .2.2. Legrand E . Chase. Plan Approval Consideration Ad it Site Plan Approval for Additional Building Space on Therm, Inc., lands, Town of Ithaca Tax Parcel No. 6.54.2.1 . 8 : 15 P.M. 'Consideration of re- Guest of Cornell Radio Guild, Inc. d/ b/a WVBR, for installation of radio broadcasting antenna trans- mitting tower, 245 Bundy Road, Town of Ithaca Tax Parcel No. 6.27.1 .7. Said Planning Board will at said times and said, place hear all per- sons in support of. such matters or objections thereto. Persons may appear .by agent or in person . Jean H. Swartwood Town Clerk • Town of Ithaca, February 14, 1980 TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS TUESDAY , FEBRUARY 19 , 1980 By direction of the Chairman of the Planning Board , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday , February 19 , 1980 , in Town Hall , 126 East Seneca . Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : . 7 : 30 . P . M . Consideration of Preliminary Subdivision Approval for proposed Subdivision , 6 lots backlot of Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 45 - 1 - 2 . 2 . Lagrand E . Chase . 8 : 00 P . M . Consideration of Site Plan Approval for Additional Building Space on Therm , Inc . , lands , Town of Ithaca Tax Parcel No . 6 - 54 - : _ 2 - l . 8 : 15 P . M . Consideration of request of Cornell Radio Guild , Inc . d / b / a WVBR , for installation of radio broadcasting antenna transmitting tower , ,245 Bundy Road , Town of Ithaca Tax Parcel No . 6 - 27 - 1 - 7 . Said Planning Board will at said times and said place hear all persons , in support of such matters or objections thereto . Persons may appear by agent or in person . Jean H . Swartwood Town Clerk Town of Ithaca Dated : February 11 , 1980 �ublish : February 14 , 1980 _ �E N • CarG c( - - - A OIL 5 3 - - - - -- - --- - — ---- - - - - - - - - -- --- — -- -- �!o% -- - -- - -�- - - - - - vi - - -- - - -���� �-- - - - - - - -- - - - - - - - - - - - - - - -Z z - - - - "�/ -- - - --- - -- - -- -- - -- - - - 1_� y - -s� w � Sr -700 lJ� 1 - - - i f . IN THE MATTER OF : PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR PROPOSED SUBDIVISION , 6 LOTS BACKLOT OF RIDGECREST ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 45 - 1 - 2 . 2 . LAGRAND E . CHASE , RESOLUTION : Planning Board February 19 , 1980 MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the review of the proposed Lagrand E . Chase Subdivision , 6 lots backlot of Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 45 - 1 - 2 . 2 , approve and hereby does approve the Environmental Assessment Form as completed ; and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Part 617 , this action is classified as Unlisted ; and FURTHER RESOLVED , that the Town of Ithaca Planning Board has determined from the Environmental Assessment Form and all pertinent information that the above -mentioned action will not significantly impact the environment and , therefore , will not require further environmental review . Aye = May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . Carried unanimously . Nancy M . Fuller Deputy Town Clerk and Secretary , Planning Board 2 / 22 / 80 TOWN OF I THACA C•h Q Sg, SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : • ( a ) In order to answer the questions in this short EAF it is assumed that the preparer wiII use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies , research or other investigations will be undertaken . ( b ) if any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . ( c ) If all questions have been answered No it is likely that this project is not significant . ( d ) Environmental Assessment _ 1 . Will project result in a large physical change to the project site or physically alter more than 10 acres of land ? Yes X . No 2 . Will there be a major change to any unique or unusual land form found on the site ? Yes X No 3 . Willproject alter or have a large effect on an existing body of water ? Yes X No 4 . Will project have a potentially large impact on groundwater quality ? Yes X No project 5 . Will roject significantly affect drainage flow on adjacent sites ? Yes X No 6 . Will project affect any threatened or endangered plant or animal species ? Yes X No 7 . Will project result in a major adverse effect on air qualiity ? Yes X No 8 . Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community ? Yes X No 9 . Will project adversely impact any site or - structure! of historic , pre - historic , or paleonto- logical importance or any site designated as a critical . environmental area by a local agency.? Yes X No 10 . Will project have a major effect on existing or future recreational opportunities ? Yes X No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems ? Yes X No 12 . Willproject regularly cause objectionable odors , noise , glare , vibration , or electrical disturbance . as a result of the project ' s operation ? Yes X No Short Environmental Assessment Form Page Two 13 . Will project have any impact on public health • or safety ? Yes X No 14 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 per cent over a one - year period or have a major negative effect on the character of the community or neighborhood ? Yes X No 15 . Is there public controversy concerning the project ? Yes X No S Lgoture f Applicant Signature f evie er Date Title 'Agency • I Date Rev ewed Reviewer ' s Recommendations : c Determination by Town. of Ithaca Board : Negative Declaration - determination of non - significance . L� Action may be of significant environmental impact - EAF required . S at e • - air /s n 'y r Z Date IN THE MATTER OF : PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR PROPOSED SUBDIVISION , 6 LOTS BACKLOT OF RIDGECREST ROAD , TOWN OF ITHACA i� . . . . .TAX PARCEL. NO . . 6 -45 - 1-20 .2. 0 LAGRAND E . CHASE . t RESOLUTION : Planning Board February 19 , 1980 MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Preliminary Subdivision Approval for proposed Subdivision , 6 lots backlot of Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 45 - 1 - 2 . 2 , as shown on map presented to said Planning Board on February 19 , 1980 , entitled " Subdivision Layout , Lagrand Chase Co . , Inc . , Developer , Topographic & Boundary Map , Portion of Lands of Chase , Ridgecrest Road , Town of Ithaca , Tompkins County , N . Y . " , dated May 312 1979 , Revised February 14 , 1980 , signed and sealed by Thomas G . Miller , P . C . , Engineer / Surveyor , with the condition that on lots 2 , 31 4 , and 5 no house be built closer to the front of the lot toward the road access than to crL point where the lot is at least 100 feet wide . f r Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . S Nay - None . Carried unanimously . Nancy M . Fuller Deputy Town Clerk and Secretary , Planning Board 2 / 22 / 80 s' nRsoN tR. \ \ + \ o s v s 's ot \ \ "s 315 / 302 $ ' ` • \ A '( . ,ae T.o ♦ f " r / \ I r in i. 111 - 1 lo NELLIE E Ci1A5E { �" \ C2 ) Uru.r.r . a � � rn . ., + it—as;fII,Fc <. earth •/ ESTATE S -.- -Z'- \\ . 'TTa - \ O1 - 912 \ ( 3 ) In ::riforo eta c_. . . n sarin mC,rrded to allw pp �� � � 1 T ° _ 5 ' E - 115 --TOTAL _ . —_- \ ;� 449: 1'\111., 1 ASS ' ;or aett.e,.,l:nt , .60-• \\ \ \l �� \, i MEAS. 1V \ \ \ A6KE Kiwi \ II / PF T 10 . °:, QfI Of - . _ 5 a 34814 ( see Table 6ew 1 ) ' 'f Select earth Cort.,acted •_� Spedal backfill material +o,." •+, \ �• (j \\ O In max. 6" lifts I, I �� as directed e,•,pOt e2 T.Oa � �i,.' ) �� /�—��� ` \ \\ \\\ ° \ . .��\ { \ f • II � • / •i • " \ ` �k HSn I j' T�, : / // ' For PVC pipe, fire atone bedding level with eentar- I / rl / \ -- -� 1 � . ^• C0� .1_ 1 -�-t��/ //� �/� � line of Pipe FCLLA�0 +" Qil E f ' /L .tgr all except PVC , fIne stone bedding to le vel 5 07 7 of limits of lover pipe 1400 :(I o Yin quadrant (Y Q- ! - �1 �. ' i V 40� �' Of GK'S 2« 1_n:•$7 '' chi 9l �•.-- Kin. ^• �` • I �, . I »:_a _ ' , ( \ �� 1 PNpS NE It /\ �>/n +y ' 1 = 16" IVIP pIfin E I� I i •@iN ROCK y l �- TYPICAL TRENCH SECTION � it v1 y, � � V � cR (r - isJc) A QF \ Etg. ..o.. T \\\ A V `� IJ� ♦ 1 %�� 7 r \ \ I Internal Trench Width W � A y Q o I 1 '1 \ .a \\ � \ ++ i \ I If rPie VITT, Dia^etV ' R 26• 32" If " 1 32^4t 28^P � A4 01 300 340 t 96 1 J 1 �\III •• \ �� 18" 36" 42" 1 1401.0 v I a J. 1 1 r.os. 0 0 �•• A ti�9j, 21" _ 40" 480 Iva . I �9 24" 42" Sd" �\ U. �`� lY V .1]il. / `� �� I , -X 0 It M WIII � • II o \ 1�� �. � �� auto � `� • � ° � � � _ � � F� � � Il �, •-x. l � (Y� �+. i z _ A -p Q- / _ C% z 2 /7 / m 1 Q1V 1401 `\ 1 � � j o Iz .,. : _ m " It 0 � � tv r V 1 • "veli \ a % . lova • yareo. (� K \ \� - / y - �� - i t 1 S .W. A. f Y V +s•• - (Q GAO 1 A I r4. vL� . .•P WATER `' JPrL \. �9�'O l 1 AVA l , A2,L� �. tea° r 43 WI _ , \, 9 . LOTS I , Z 1 1. ii � v 4v / i � • 99 � \ ,r If y y} r s K h � � 4 - - �� t ' �s.• .1 r / / c __--� \7 i VI ,y'➢°'C. Ifilp"I I a h lea 9 I -"-- $�_ ,t)al . i oP �`• t \ � 76•w T (� n nm !b`SdTALS i?LCTFTCATSOtiS Q - '"� i /' E'- sKl it J9- � ' . Iaoar 1 4YG -1N r Q' /' 1� LOT © nn +later ' ". �'1 /- ` �- P SUBolvi >>ioN..-(..o a� IQ A ir � D , -ere iron "lass 5 a dialreter ' . � (—'� S'k ` ' � �t '�' � = 5 . 01 ACRES tJLT �� _ ' - 1 Sn A . , ' 1 or A«.iA , > N ._ y - D psi, n fou- x c linty A.+Si r-� Ar 4 - r`n cko - A2EA \ F. ctl1101. 1111^ ANSI Spec C A21 . 1 0: AWWA 21110 , or - - - - - - 2 6.. h %ti . j 1 . .1 ,ts. sla0f.• ,' r - � - • C ter° S i 9)T�� �� Date Valves A 4tiA app-owed , manufactured by _ 1 �` � •�, tL !er Co. open CCA, a - , .Be " uico Valve Beaes a 1110 Sc rem Supe r'eavy acs t d ` . ' ry w box covers marked / SS /1 T.-FE ' ruE sr . 1«o �I ^, _ J. 0nT•3. `�`'' " 1 - k 1 yr,rant A :,Au C : I e ' • ,°o•.• LOO � -•�+�X• D � A j1 , ,>TT•O. T A . NE►�''_ : ✓�q�a i'Zg'SNAXGE• - 1T I � RODS OQ eSiToo, °' ` tlange IIPe one 47 • stedwr a:x+ t.°+ n s leu witr, S. AT WOOD 4. flaticna sc1 . r ra. psi . STAKE S . OZ C E wnzk ' (+ ) res `%1r t 1e MEA / ,, T60 gir .. echo , vsGn' rne ' . nano_ " • I PfF pEEO by k rlt Xc, cy or ^ 99 EDEEQB Goa4 64 .soft co per / YE4 A +w a red Q ITT113GICRIWICII TOWN 0 O11 v} r t cu r - . t rs t.=' 17 p785 PF. EEDS \^, ke+ - way t e - a - e , •'� Tf V 1 r SI '1: PF-iMC+`�'1769 1 Is... / ✓ �� ,ut A , i ✓'- ' i L-c Fs cu r. a utcd p=SS t �L '' \ 1'75 .Z i 694. , / SAwY .{ -:V I r a ..pr r e - - a= • vett MMM / • Mal / / 1 „f • 444 E296 Y II/ �w y'--•? I 1 A prJEC S1J`J7p ;1� p _ EPS- ��� � .� �s.fa i / Curb - T . Screw t} , e , .I d, a .1" 0 1 I __� s.1r a l / (R. 0) O.l o , s ' Tl E - RODS v ' . s i c,r with cover ��\ ca«. /�- \ '\ ( \, 111 1 F DEE EA MINER a' s I i! C g 4 0 c- BM - 14 0 ti i F. ' +y 0.1 � 49 r ea v)d Lute .:. _e u.lci s' Host j ,( - 1. r� V Al p� 1 tj-,kc C 2 92 � 9/ - CowC.[ T[ 111E � � � /it d.� rtir r a s to a' so I / , \ 1 V QEED . 10 Ti 1I 1 L \ DAV 5 (R• ' F ( � fasP.F _ 50VSH ' Y \ et,. : NII COX (R_0. 567! „" II .,.e .,. -. +ole sa. Fca,^uldL'- o. ,_ 11 : '_ibDl . - I - � g� , t BOOS r / D/ 56 . —< s r ' . e t I hour at 'LA ;_ave a+;ckiaqM, n ' 99.1 1 I `J OYLE (R.O.i SO \ _ ^ Ill �, 1 1 1,R. O 1 561 / g7� PE � �1 CC(a RS ' FLYZT`ySfPOiLj vis. ole - e k c b95 ite mcvealer.t , f .,.of• \ 'l, Ep • q82 , 1 ' '��� r Y CJI �, Q I r- ER uzavE FL - LONCR[Td ` u " a at 1 `.n F > v essuro for r % r,,t - '—� PERE 3/1037 Ho (\ a:c ccc air. ^ I - i M S. taS% 0 .3 STON less t'1P'. • O f0 1 ll .rvt r. \ 5 f ' t . ,w v E 1 ;a r lx�ur: = - � � N 81 - W � F 9�• - \ ° r- 1 � ;I �� i MFps P " 2 / a . �1 ,.•. . L 1 1 6 1 . , • ° - - ��� 1� where 1 Ep 1 � 1 �, ZOACAI YPICAL HYDRANT INSTALLATION *,"set 3 a' . r. � n s in pipelinetested .Ta i PF. 20 P . MEAS. - n0.9C" PF D 6 MEAS 100' PF M�Q \ ! 1 N i 1 aa, n pipe n inc:ws �o - _ `} r k kPAS- 210.9 TOTAt� I \ wN a :' av est n es ere during test in 1 a ,ace NQi (R.O.) 8R� / 321 0 � t :Ss�F crlrx 11 GRAS50 (R01 VAL 570 / 237 / �, ,,,.f BURGESS 96 �R 0,1 All new water lines seall be flushed ir. accord- 474/ 296 I 18'5 552/ 964 'NI I :t ! ' HNL gOR142 arcs Wit" A« YA sm . t6cl -a6 , sec, s ( xln. BROCKWAY (R.O.) SNARP 785 '� ve) cx'' i ; F. F. :i, in c" mains ) and Sec, a and I 530/ 318 557/ 1 1 accordance with AUWA Std . C6011 ^, Q tre ri er,_on of Item land per instruc- e Uj G ` \ tions re o - r c� ons of epapproved by the F] I ' 1 anpkins 30 o ty Health Depi approved and Southern � a ` "A - --�� ' 30' 0 1 1 Ca}:rca aK. :tr-annicipal Water C.-'amisslon r . . before lines az'e put in service. � III PO " iN' A 0 - [\0 _- -7 ' 2' 7 ' 4' 10 ' 10 ' 4 -7 ' 2 i - ' ❑ _ T $ ! sem = "/ O .O _ 1 \ 0 +� 4 1 � 6 1 °'14IL / sT , CD " cz'�1...- a ;T I_l. VEe,zSHA1FY CAS. V - �rleo I r r - vt'� P�10� TC ::Oa.IST '4" PER FGoT 1-7261 D � ,— -- ----- ' i r / ' OPE SUBGIZ,A[}E %�° GER FOOT T000. 1� SF-WEZ SE!'C\()C� IS 1.1CT V 1� __ �- R t I � H,rv,-! : rJ.�uS Da+,y-E Scrr2FACe TREATMKI-rr n.t� FEe_ c.vpROYa P(c NATE SU -- 1 DE - SAC \�� I "' E�A�"c- DIS Po SAL �� ST �<j MUST BE' r ��-- � '� 1 ' / — III, •:£D G :<AV Et. 04 CRtiS MER RUN JTG n:E OC 0IR=GTIOhty OF V ." Coo' D1AN- _ _____U ( -� , / 12" GRAVE(_ - TyfN EN$INCEST , J "''y �A'- '•c't PLA11 �� I(.: �TAL.-ED ° FILL SECTiG til • CL` T SECTION ' S M�:ST E'ti A �?Cov,zy p la i .:•:!`'T'Y ISEALTN DEPT. Y TOMve, WS I,- d ;c v`,1 . NOTES �I � 01 1 n ( g u IF n153 0 ' � S TAtJDARp RC D G zO55 S GT1OF ! DATUM OF ELEVATIONS • APPROXIMATE U. S.G . S. 8M IS BASE OF TOWN OF ITHACA WATER TANK 1416.00 " TTOWIIII CF �l- �~._ - .5 pRC NSe:P e-Jsw ¢_ RPADw^Y Yt,r, ;a . i SrE,. tF1CAT .0aIS o`'��J'�Ku r+vuYS oNBE A�EV� N° +• Tew,+11a+ 106why SY ST �ry'�a --�----�-.� � rJ OTE At_l RO _ �4 COORDINATES SHOWN ARE APPROXIMATE N.Y. S. PLANE . COORDINATES 380 i�,N ASSUMED AT INTERSECTION EAST KiNG ROAD AND RIDGECREST ROAD \ IV \ ' FEt3 , 1 1 i9� / "' LQt 151G1� AYitJ N 6759580. 009 E 527, o50. 00 . ` _ - - _. � i e o _ y ` " °' -�-oR eo a n S' — ,! LA GRAND CHASE CO. , INC. X1 T '�— DEVELOPER' - Y : ' IR � 4 -_ - -. - \--- l' DE ,/ EI_OPER " AREA WITHIN PARCEL ■ 31 . i ACRES - - - - - -- -- 19 7= CVA - ;o . li)i 1,375 '° ZS °' TOPOGRAPHIC Ek BOUNDARY MAP / + 1 , fit ` v ° PORTION OF LANDS OF HA CoaNEc T TQ E >< 1 'G ; � :. • 1- G" G .v. 4 tax RIDGECREST ROAD CHASE 8 " WATER MAIN i ! ice ? i ST+.. 5s45 �4 ( - 1 YC PANT )// 1370 ✓: kC f I j � i I TM. C '�,. 1370 TOWN OF ITHACA TOMPKINS COUNTY, N .Y. t� n b" MAY 31 , ( 979 ". ' �191i1LL� . 1r' SCALE 1 SO I 1 1 1 (r' ;�� T.. .. --'�` PROPO '� L? .:CAvti '•%\7' �- `% �';Ai ' :R MAirr aoa„tn. rc yr..1.1' ` T. G . MILLER P. C . - -KIV= SO' — - � � �' ENGINEERS AND SURVEYORS ITNACA , NEW YORK IN THE MATTER OF : PUBLIC HEARING : CONSIDERATION OF SITE PLAN APPROVAL FOR ADDITIONAL BUILDING SPACE ON THERM , INC . LANDS , TOWN OF ITHACA TAX PARCEL NO . 6 - 54 - 2 - 1 . RESOLUTION : Planning Board February 19 , 1980 MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the review of the proposed additional building space on Therm , Inc . lands , Town of Ithaca Tax Parcel No . 6 - 54 - 2 - 1 , approve and hereby does approve the Environmental Assessment Form as completed ; and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Part 617 , this action is classified as Unlisted ; and FURTHER RESOLVED , that the Town of Ithaca Planning Board , has determined from the Environmental Assessment Form and all pertinent information that the above -mentioned action will not significantly impact the environment and , therefore , will not require further environmental review . Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . Carried unanimously . Nancy M . Fuller Deputy Town Clerk and Secretary , Planning Board 2 / 22 / 80 • i -- --- NYaRANT 5q trARY SE WC N -- P - - � EA PLACE— i I + \P 110 �A 4!L A j 0 1v 1 g 5 I i I , PurnP : � i p I ( I ( llV floiG eLeCTJCIG TI�AUi `3MlS � ION ` , i i pF GAS ti ( ITHAGA � N'S"eIGP21rl� 3 � 1 ►JC . To f STATE' E L1�G• � �s A15 { moo `' " w� � I Nov . 1939 NOT 1NTEfCFEFZ � w ` T ►+ LINE MAY uiLCINA 'S IF+�TUR6 em& crlow of 3Eus1�r � M. H . � 4A3 SN�.lTCfF ' � +� • I i is uNDEZ I , \ p1 ' MAIM _ _. ` SP . r . ./ \ M 1 1.0� I ! � � • . - , - � . , LL) AT i co bf Moll - r �Stc '� +► N 1 I 000, f 1 1 lb !!� t pw r � } No� 3E , s co + I T t 4 � 3 - Ss � C T• Rr` At S JUNi� F+, "< IC- S � ocATfnN ct= It Pr� oppsaEa A >7vlrlort , I SCALA A 1 = 4o Fr , J • I vwn vi I I 111� SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : ( a ) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action . It is not expected. that additional studies , research or other investigations will be undertaken . ( b ) If any question . has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . ( c ) If all . questions have been answered No it is likely that this project is not significant . ( d ) Environmental Assessment 1 . Will project result in a large physical change to the project site or physically alter more than 10 acres of land ? Yes X No � • 2 . Will there be a major change to any unique or unusual land form found on the site ? Yes X No 3 . Will project alter or have a large effect on an existing body of water ? Yes X No 4 . Wil' l project have a potentially large impact on groundwater quality ? Yes X No 5 . Will project significantly affect drainage flow on adjacent sites ? Yes X No 6 . Will project affect any threatened or endangered plant or :animal species ? Yes X No 7 . Will project result in a major adverse effect on air quality ? Yes X No 8 . Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community ? Yes X No 9 . Will project adversely impact any site or structure of historic , pre - historic , or paleonto- logical importance or any site designated as • a - critical . e: nvironmental area by a local agency.? Yes X No 10 . Will project have a major effect on existing or future recreational opportunities ? Yes XNO 11 . Will project result in major traffic problems or cause a major effect to existing transportation • systems ? Yes X No 12 . Will project regularly cause objectionable odors , noise , glare , vibration , or electrical disturbance as a result of the project ' s operation ? Yes X No Shot Environmental Assessment Form Page Two �M 13 . Will project have any impact on public health or safety ?0 Yes X No . 14 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 per cent over a one - year period or have a major negative effect on the character of the community or neighborhood ? Yes X No 15 . Is there public controversy concerning the project ? Yes X No y Signature of ApI cant Signature 4ov4ier � 11 Date itle Agency Date evie ed Reviewer ' s Recommendations : t - Determination by Town of: Ithaca z Board : Negative Declaration - determination of non - significance . Action may be of significant environmental impact - EAF required . Sigq ure bl C ai person V1C Z Dat IN THE MATTER OF : PUBLIC HEARING : CONSIDERATION OF SITE PLAN APPROVAL FOR ADDITIONAL BUILDING SPACE ON THERM , INC . LANDS , TOWN OF ITHACA TAX PARCEL NO . 6 - 54.- 2 - 1 . "_- SOLUTION : Planning Board February 19 , 1980 MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Site Plan Approval for additional building space on Therm , Inc . land , Town of Ithaca Tax Parcel No . 6 - 54 - 2 - 1 , being a 44 ' x 160 ' addition to existing facilities as shown on site plan presented to said Planning Board on February 19 , 1980 , such site plan being entitled " Therm Boundaries - Showing Location of Proposed Addition " , dated March 301 1975 , Revised February 1980 , conditioned upon an opinion from the Town of Ithaca Attorney with respect to Article VIII , Section 44 , para- graph 4 , of the Town of Ithaca Zoning Ordinance , which opinion shall be obtained within -two weeks from the date of this meeting and if . such opinion is not given the approval is granted . Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz . Nay - None . Carried unanimously . REPORT : Lewis D , Cartee , Building Inspector to Planning Board February 22 , 1980 I met with Mr . James V . Buyoucos on February 21 , 1980 , in Town Hall , accompanied by Mr . Henry Aron and Mrs . Fuller . I informed Mr . Buyoucos that I had measured the height of the structure and that no part of the building was more than twenty - three feet ( 231 ) above the surface of the ground . Therefore , Mr . Buyoucos said there was no need for any opinion , the Ordinance speaks for itself . cc - Members , Planning Board Lawrence P . Fabbroni Barbara Z . Restaino Arnold Albrecht , Therm , Inc . 44 X hel / PP I 1 i • ii { ©X Flo � _ .. � ,. 1 1 I L '{f rt _ rt i r _ f I 2. Y i j- . a - � up 9G 1 , 1 . J1. F .V ; 4 / ti; 3 : DET . NO DETAIL NAME MATERIAL STOCK SIZE SH . w NO . REQ NO . co ak -� N e- e 6r I T H A C A N E W Y O R K TITLE co I r o MACHINE SCALEi/. N - - PART NO . SH . OF CD TOLERANCES UNLESS OTHERWISE SPECIFIED DRAWN,,. � CHECKED APPROVED D DRAWING NO . Z l - + i LETTER DATE ENGR . CHANGE . 0000 ± . 0005 . 00 ± . TE DATE DAT .000 .005 0 /00 — '/6 4 m 4. t TOWN OF I THACA 1/ f 0 9 s SHORT ENVIRONMENTAL ASSESSMENT FORM • INSTRUCTIONS . ( a ) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies , research or other investigations will be undertaken . ( b ) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . ( c ) If all questions have been answered No it is likely that this project is not significant . ( d ) Environmentail Assessment 1 . Will project result in a large physical change to the project site or physically alter more than 10 acres of land ? Yes X No 2 . Will there be a major change to any unique or unusual land form found on the site ? Yes X No 3 . Will project alter or have a large effect on an existing body of water ? Yes X No • 4 . Will project have a potentially large impact on groundwater quality ? Yes X No 5 . Will project significantly affect drainage flow . on adjacent sites ? Yes X No 6 . Will project affect any threatened or endangered plant or animal species ? Yes X No 7 . Will project result in a major adverse effect on air quality ? Yes X No t Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community ? Yes No g . Will project adversely impact any site or structure of historic , pre - historic , or paleonto- logical importance or any site designated as a critical environmental area by a local agency ? Yes X No 10 . Will project have a major effect on existing or future recreational opportunities ? Yes X No 11 . Will project result in major traffic problems or cause a major effect to existing transportation �— systems ? Yes X No 12 . Will project regularly cause objectionable odors , noise , glare , vibration , or electrical disturbance as a result of the project ' s operation ? Yes X No Short Environmental Assessment Form Page Two 13 . Will project have any impact on public health or safety ? Yes X No 14 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 per cent over a one - year period or have a major negative effect on the character of the community or neighborhood ? Yes X No 15 . Is there public controversy concerning the project: ? Yes X No PREPARER ' S SIGNATURE : aZ5TITLE : President ,TAMLrT 7 . kVITT a. ` REPRESENTING : CORNI'LL RADVO GUILD , INC . d / b /a WVBR . DATE : February 12 , 1980 Form adopted by Town Board Resolution April 9 , 1979 • y s PUBLIC UTILI'T'Y Scarrying with it the duty of the producer or manu- Second District, 141 N .Y.S. 1018, 1022, 157 App. ; ; c Second facturer, or one attempting to furnish the service, . to serve the public and treat all persons alike, x Public, true, and notorious. The old form by without discrimination. Highland Dairy Farms which charges in the allegations in the ecclesias- Co. v. Helvetia Milk Condensing Co., 308 Ill. 294, `- ' tical courts were described at the end o1 each 139 N.E. 418, 420. It is synonymous with "public use," and refers to persons or corporations charg particular. • ed with the duty to supply the public with the . ! Public use, in constitutional provisions restrict- use of property or facilities owned or fuenished Ing the exercise of the right to take private prop- by them . Buder v. First Nat. Bank in St. Louis, erty in virtue o1 eminent domain, means a use C.C.A.Mo., 16 F.2d 990, 992. To constitute a true concerning the whole community as distinguished "public utility," the devotion to public use must i from particular individuals.. But each and every be of such character that the public generally, or 4 member of society need not be equally interested that part of- it which has been served and which ., in such use, or be personally and directly affect- has accepted the service, has the legal right to ed by it ; if the object is to satisfy a great public demand that that service shall be conducted, so want or exigency, that is sufficient. Rindge Co. v, long as it is continued, with reasonable efficiency „ Los Angeles County, 43 S-Ct, 689, 6921 262 U .S. under reasonable charges. Richardson v. • Rall- . 700, 67 L.Ed. 1186. The terns may be said to mean road Commission of California, 191 Cal. 716, 218 ` f• '° public usefulness, utility, or advantage, or what is P, 4180 420. The devotion to public use must be . productive of general benefit. Williams v. City of of such character that the product and service , Norman, 85 Oki , 230, 205 P. 144, 148. But it is is available to the public generally and indis- not synonymous with public benefit. Ferguson criminately, or there must be the acceptance by v. Illinois Cent. R. Co., 202 Iowa, 508, 210 N.W. the utility of public franchises or calling to its 604, 606. It may be limited to the inhabitants of aid the police power of the state. Southern. Ohio a small or restricted locality, but must be in Power Co. v. Public Utilities Commission of Ohio, common, and not for a particular individual . Po- 110 Ohio St. 246, 143 N.E. 700, 701, 34 A.L.R. 171. cantico Water Works Co. v. Bird, 130 N.Y. 2491 29 N.E. 246. The use must be a needful one for the Line t public, which cannot be surrendered without ob vious general loss and inconvenience. Jeter v. Chief or primary conductors to exclusion of Vinton-Roanoke Water Co., 114 Va. 769, 76 S.E. pOWedi�Light miCo. si n facilities te Board of Tax AppealsI Jersey l • 921, pa nt law, pub , 102!1. In stent law, a public use 1s entirely different 131 N .J .L. 565, 37 A.2d 111, 112, 113 ; "lines" as p used in sense of "mains". Jersey Central Power from a use by the public. Los Angeles Lime Co. & Light Co. v. State Board of Tax Appeals, 130 v. Nye, C.C.A.CaI., 270 F. 1550 162. If an inventor N.J.L. 364, 33 A.2d 355, 356 ; main or principal allows his machine to be used by other persons conduit . Jersey City v. Martin, 20 N.J.Misc. 270, generally, either with or without compensation, 26 A.2d 574, 576, or if it is, with his consent, put on sale for such �. use, then it will be in "public use and on public Electric company's line as referring to poles. / Central States Electric Co. v. Pocahontas County, sale. David E. Kennedy v. United Cork Cos., C. " C.A.N .Y. , 225 F. 3710 372. Experimental use is nev- Iowa, 223 N .W. 236, 240. er public use if conducted in good faith to test the qualities of the invention, and for no other Railroad or Other Carriers purpose not naturally incidental . Union Sulphur A line is a series of public , conveyances, as Co. v. Freeport Texas Co., D.C.DeI., 251 F. 634, coaches, steamers, packets and the like passing 1 651 • to and fro between places with regularity. The PUBLIC UTILITY. A business or service which word is broad enough to include line of motor Is engaged In regularly supplying the public with freight trucks operating between fixed termini on some commodity or service which is of public con- regular schedule and route. "Stage line," "rail- sequence s and need, such as electricity, gas, water, road line" and "automobile line" are expressions transportation, or telephone or telegraph service. which are ordinarily understood to mean a regu- Gulf States Utilities Co. v. State, Tex .Civ.App. , 46 lar line of vehicles for public use operating be- S.W.2d 1018, 1021. Any agency, instrumentality, tween distant points or between different cities. ich is used or con- Bruce Transfer Co. v. Johnston , 227 Iowa 50, 287 business industry or service (Nh ducted in such manner as to affect the community N .W. 278, 280. A " line" is an operating unit un- at large, that is which is not limited or restricted der one management over a designated way or to any particular class of the community . State right of way. Regenhardt Const. Co. v. Southern Public Utilities Commission v. Monarch Refrig- Ity, in Kentucky, 297 Ky. 8400 181 S.W.2d 4411 444. erating Co., 267 Ill. 528, 3.08 N . E. 716, Ann .Cas. A number of public conveyances, as carriages or < 1916A, 528. The test for determining if a concern vessels plying regularly under one management I��blic utility_ is is whether It has held itself over a certain route. Is a "line." Tuggle v. Parker, out as read able and willing to serve a public, 159 Kan . 572, 156 P.2(I 533, 534. Everything essen- umbird Lumber o. v. ulie Utilities Commis- tial to the operation and maintenance of • a rail slop, 39 Idaho, 505, 228 P. 27L The term implies road transportation system is a constituent part a public use of an article, product, or service, of the " line." City of Pocatello v. Ross, 51 Idaho 1 1395 6 7 ,�'� 'J K ;a Y 67 NY Jur ZONING AND PLANNING LAWS § 188 § 1870 Instruction in arts, crafts, and sports. Not every instructional program is an leducational . activity. The courts have denied such status to programs for instruction in crafts,' dancing,' and riding. " C. PUBLIC UTILITIES § 188. Generally. The authority of a municipal corporation to prohibit or to reg- ulate the location, expansion, and operation I of public utilities is not identical to its power over the generality, of commercial uses. The general rules developed in cases involving the common busi- ness uses have been modified to fit the unique features of public ' utility uses, and to permit the expansion of essential services con- sistent; with comprehensive plans for community development. " Perhaps the most significant feature of a public utility is the vital nature of the product which it supplies. It has been defined ` as "a business or service which is regularly supplying the public with some commodity or service which is of I public consequence r and need, such as electricity, gas, water, trazisportation, or tele- I • phone or telegraphic service. "10 Public utilities are unique in other ways. Normally, these com- panies enjoy a monopoly. They operate under a franchise, sub- ject to some measure of public regulation. These features may be significant in relation to local control , because new regulations on the municipal level may infringe vested rights'' or conflict with state law. " 8. Schweizer v Board of Zoning Ap- 12. Black's Law Dict (4th ed 1960 ) . peals, 8 Misc 2d 878, 167 NYS 13. Long Island Lighting 2d 764 (ceramics ) . Brookville ( Sup) 72 Co. NYS2d 9. Annotation : 718, and 278 AD 856, 77 NYS Zoning regulations as applied 2d 1431 acid 298 NY 6699 81 NE to dancing schools. 85 ALR2d 2d 104 . 1160. 1 14. Consolidated Edison Co. v Briar- 10. East Hampton v Mulford. 188 cliff Manor, 208 Misc 295, 144 Misc 1037, 65 NYS2d 466. NYS2d 879. 11 . See generally Comment, Zoning and the Expanding Public Utility. 13 Syracuse L Rev 681 . 766 i V � I .j 4'4 - A g 2 Consolidated Laws Service consents issued by such county pursuant to the of the business of affording for hire communica- , transportation corporations law and the county tion by telegraph when used in government law of Nassau county shall be deemed 20. The term telegraph line. cies, wires, "consents of local authorities" for the purpose this chapter, includes conduits, ducts. p of applying every provision of this chapter appli- cables, cross-armor instruments, machines, apple- N cable to consents of local authorities. ances and all devices, real estate, easements, 8P- erated or 17. The term "telephone corporation ," when paratus, property and routesoration to facilitate hate used in this chapter, includes every corporation, the busiwned ness of affordingany telegraph communicationby tele- company , association, joint-stock association , =r. partnership and person , their lessees, trustees or graph . " when used in this � receivers appointed by any court whatsoever, own- 21 . The term "steam plant, ing, operating or managing any telephone line or chapter, includes all real estate, fixtures and ; ; part of telephone line used in the conduct of personal property operated, owned, used or to be generation , ; the business of affording telephonic communica- used for or I connection onn transmission,ion with o with facilitate sale toe '7 tion for hire ; excepting, however, any corpora- tion, company, assoziation , joint-stock association, furnishing of steam for peat io ,°When used in !' partnership or person, their lessees, trustees or 22. The term steam corporation," receivers, who or which do not operate the busi- this chapter, Includes every corporation , company, Hess of affording telephonic communication for and cperson .n, Jointstock slesseese trustees osociation rrtnership receivers profit. erat- y 18. The term "telephone line," when used in appointed by any court whatsoever owning, op this chapter, includes conduita, ducts, poles, wires, Ing or managing any steam plant, except where cables, cross-arms, receivers, transmitters, instru- steam is made or produced and distributed by the menta, machines, appliances rnd all deand routes the maker's own use vices. real maker, on or thugh solely for rthprivate use ofttheomaker's estate, easements, apparatus, property used, operated or owned by any telephone corpora tenant and not for sale m uo others. tion to facilitate the busines.+ of affording tele- nL or Itty company 3. r s -Ise to lit° avo arepetitione nl a pro- phonic communication . 19. The term "telegraph corporation," when vision applying to one or more persons or cor - used in this chapter, includes every corporation , rations operating an agency or agencieo for public « " company , association , joint-stock association , part- service, and who or which is or are subject to the nership and person , their lessees, trustees or re- jurisdiction , supervision and regulations ,re- ceivers, appointed by any court whatsoever. own- scribed by or pursuant to this chapter ; such term , ing, operating or managing any telegraph line being xo used only as a general term descriptive i • or part of telegraph line used in the conduct of such a person or corporation . s 4. the routes followed. the termini maintained, the fixed tare ed, and the tickets golds otging btheeclas of ldoes not a common carrier. olive Kentke a rPark rier v intaaregaular omnibus service within thepurview of Pub. Moshassuck Transp. Co. 189 M 984, 71 Slid 18 ( 1947 ) afld SOrgBLaw� xu Royal CadUlac Service. I'll 78,a 3 without op 274 AD 788, 80 Std 728 ( 1948) . Std 140 11939) . !! 11 . A transporter may confine Its business to • special 1 still be a common car. ' 14. 1 type or ciao of merchandise and When MVM omnibus operators were using their rier. OUve Ken t Park v. Moshaasuck Transp. Co. 199 equipment for in% tis a4wratiao of eanMomnibhool students,line within l M 884, 71 82d 15 (1947) afld without op 274 AD 788. 80 we meaengage of the Public Service Law and their opera- the , . I Std 749 ( 1948) . tion was clearly illegal rhos they had tailed to secure q 12. Whilo definition of common carrier found In subd. certificates of public convenience and necessity under the 0 does not 1n terms include am that definlllon is Public Service Law The teat that they had operated in broadened by provisions of Trans. Corp. Law, 19 88 and 94. good faith fon • *umber of Years did not publicve regulation b south Brooklyn R. Co. v. Schayes 168 M 847, 487 8991 . prescriptive right to exemDU4m from p ( 1836) . Although court granted on injunction restraining gh thew v - j 13 Under 0 3. subd. 30, el. (d ) contract carrier is one them from such operation execution therect was stayed 'G . who does not undertake to transport for general public to avoid aha serious, hardship MmAltlas from the with. and who transports Property by motor vehicle under drowel of such transportation from school children before spacial and individual contracts or agreements. Motor the and of the wbool year. Public Service Com. v Colum- Haulage Co. v. Maltble, 283 NY 488, 37 NE2d lel, lot ALR bo, lit SM 073 ( 1883, Sup) . 401 (1944 ) • q 14.2 Where a tax$ company Provided transportation q 13.1 . Defvtndant engaged In the business of transporters from the New York City homes of Its patrons to any under their own power motor vehicles owned by others G+ttltUl sort hotel and did not operate along fixed route known as the "driveway" method of conveying motor on spealfic schedulM, It was quesU"noble as to whether vehicles, was engaged In the business ut transporting It wan operating a taxi service or an "omnibus" under property at a common carrier by motor vehicle and sub 43 of this section Hence, the court refused to enjoin p p required to obtain a certificate of public convenience another taxi companY from operating Its transportation and necessity . Public service Com. v Peyton Automotive services on routes over which the plaintiff was author- and Service, Inc. 18 M2d 1007 190 Std 57 41989 ) fred to operate by a cerUficate of convenience Andy's q 132. One who was regularly engaged, as an occupation. Taxi Service v Lawrence's Taxi Service, 285 AD 148, 136 in the transportation of passengers by motor vehicle, with• Std 390 ( 1984) out a permit, and not within any of the exceptions found � 14.3. Subdivision 16 of this section constitutes County in subd. 92 of this section, defining "contract carrier of Duof - Nassau a "municipality" only for the limited purpose �} sengeres" was subject to the penalties provided by this of granting underlying consents theretofore required of Act. People v Do Rosa. 20 Md 831, 198 Std 858 ( 1989) , local authorities u conditions precedent to the Issuance + app dtamd 11 AD2d 611 , 204 Std 107. of certificates of public convenience and necessity for q taxicabs, the operation of omnibus linea, and is not to be extended 14. Plan under which the defendants operated j, 10 i e Y fates • Public Service Law § 2 24, The term "utility corporation " or "public except where water is distributed solely on or utility corporation" is an Incorporated utility com- through private property solely for the use of the pany distributor or its tenants and not for sale to others. 26, The term "stock yard," when used in this 28. The term "omnibus line," when used in this chapter, includes all real estate, fixtures and per- chapter, means a motor vehicle or motor vehicles, social property owned, used or to be used in con- including trackless trolleys as defined in the vehi- nection with 'the business of affording facilities cle and traffic law, operated for the use and con- for the shipment of live stock and for the care venience of the public, usually along the same thereof for such purpose prior to the time that route or between stated termini , or on a fixed or transportation begins ; and the term "stock yard stated schedule, carrying passengers for hire, and company" includes every corporation , association , the property and equipment used in connection joint-stock salsociation, partnership and person, therewith. It shall include any motor vehicle so their lessees, trustees or receivers appointed by operated used in any intrastate business* notwith- any court whatsoever, operating or managing a standing such motor vehicle may be otherwise stock yard. used in interstate commerce. It does not include 26. The term "water system," when used in this hotel buses used exclusively for the transporta- chapter includes all real estate, attachments, fix- tion of patrons to local railroad or other common tures, impounded water, water-works, water plant, carrier stations, or other motor vehicles operated a• water rights and personal property, and all prop- In what Is commonly known as taxicab service. erty either real , personal or mixed, owned, oper- unless such service becomes, or is held out to be sted, used or to be used for or in connection with regular service between stated ' termini nor does or to facilitate the distribution, sale or furnish- it Include motor vehicles used solely for the trans- ing of water for domestic, commercial or public portation of children to and from schools operated uses, but does not Include property used solely under contracts made pursuant to the provisions for or in connection with the business of bottling of the education law or vehicles owned or leased or selling, distributing or furnishing bottled we - by school districts used solely for the transports- ter. tion of children to and from schools, or motor 27. The terns "water-works corporation", when vehicles used solely for the transportation of a used in this chapter includes every corporation, group for a common purpose under special con- company, association, joint stock association, part- tract or agreement and for which a permit has nership and person, their lessees, trustees or re- been issued pursuant to article ten of this chapter. ceivers, appointed by any court whatsoever, own- 29. The term "omnibus corporation," when used ing, operating or managing any water plant or in this chapter, includes every corporation, com- water-works, ( I ) except such as have a property pany, association , joint-stock association, partner- value of thirty thousand dollars or less and (2 ) ship and person, their lessees, trustees or receiv- # 1 f. Cont'd Corp. v, Reservoir Bus Lines, 271 AD 558, 67 Std 135 f to carriers of motor vehicles, who operate in Nassau ( 1946) . County, so as to exempt them from requirement for secur- q 19. Operation of buses between fixed termini In the Ing certificate of public convenience and necessity under city to nearby race tracks constitutes operation for the 163- 1, subd 2 ( c ) . Public Service Com. v Peyton Auto- use and convenience of the public and carrying passengers motive Transp. :lervice, Inc. 16 M2d 1007. 190 Std 57 for hire within the meaning of this section. Maltbie v. 11959) . Veterans Bus Corp. 81 Sd 622 ( 1948) . q 15. Defendant, having arrangement with seven indl- q 19. 1 • The determination of Public Service Commission ' viduals to carry tinem to and from their work, calling for that operator of unmarked limousines which carried them at their respective homes, for which service each of customers to racetracks by appointment was a contract Individuals pays him a flat rate of three dollars per week, carrier and not an omnibus line was reasonable and sup- i is not engaged in operating a stage, omnibus or motor ported by evidence. The contract carrier could compete vehicle line in competition with plaintiff and contrary with omnibus lines without obtaining consent of local to provisions of statutes. Utica-Clayville Bus Co, v. authorities on whose streets omnibus lines operated. • Waite, 233 AD 291 , 252 S 673 ( 1931 ) Recreation Lines. Inc. v Public Service Com. 7 ADd 20. 16. A defendant operating taxicabs carrying persons 179 Std 1001 ( 1958) , app den 7 AD2d 962, 182 Sd 348. between a terminal and a hospital under advance con- q 20. Bus engaged In discharge of governmental function tracts for such service was not operating a motor vehicle by a school district Is not engaged in "carrying passengers line or route in competition with a legally certified bus for pay" within meaning of subd. 28. De Matteis v. route. Papal v. Yanarella, 76 Std 211 ( 1048) and without Jones, 235 AD 634, 255 S 176 ( 1932) . op 272 AD 1070, 75 Std 519 ( 1947) , a 21 . A corporation engaged solely in operating an om- 4 17. A corporation operating a limousine service for n bus line within the meaning of this section is an omnibus airlineassen ers oetween the ticket office and the airport corporation despite the fact that It was Incorporated as P g U operating an omnibus line within the statutory deflni - a street commission,l275 AD 172origina189 S d 545 Rochester ( 1949) eh den a d tion and must have a certificate from the Commission In r 276 AD 972, 90 Std 89T ( 1848) . j order to operate. Public Serv. Com. v. Grand Central leave to app g Cadillac Renting Corp. 273 AD 595, 78 Std 550 ( 1948) . yy 22. The provisions of the Public Service Law and the fransportatlon Corporations Law with respect to rates q 18. A bus line operating on a regular schedule and and charges did not apply to a realty corporation which ' route carrying as passengers the tenants of a group of installed pipelines for the temporary supply of water to aPartVnent buildings under contracts with the landlords its purchasers. Malone v. Custom Manor, Inc. 4 M2d of such buildings its operating an omnibus line "carrying 978, 158 Std 241 ( 1956) , Passengers for hirci' and "for the use and convenience of 4123. Determination by Public Service Commission that the public" within the meaning of this section although telephone switchboard system for voice reporting of fire, the charges are paid by the landlords rather than the police and other emergency alarms constituted "business Passengers and although the passengers are restricted to of affording telephonic communication for hire" had a tenants of particular apartment buildings. Surface Transp. reasonable and rational basis and was confirmed. Game- 11 ' § 2 Consolidated Laws Service era appointed by any court whatsoever, owning, tracts, or arranges for such transportation. ( h) If leasing or operating or proposing to own, lease The term "person", as used in article three-b of or operate an omnibus line. this chapter, means any individual, flan, co-part- ; 30. The words and phrases used in article nership, corporation , company, association or joint three-b of this chapter not herein otherwise de- stock association , and includes any trustee, re- fined shall have the following definition and mean- ceiver, assignee or personal representative there- of. ( i ) The term " Private carrier by motor ve- ing. (a ) The term " motor vehicle" means any vehicle, machine, tractor, truck, trailer or semi - hicle" as used in article three-b of this act means trailer, propelled or drawn by mechanical power, any person not included in the terms "common and used upon the highways in the transports- carrier by motor vehicle" or "contract carrier by tion of property, but does not include any locomo- motor vehicle" who or which transports by motor tive, or car operated exclusively on a rail or rails. vehicle property of which such person is the ( b ) The term "common carrier by motor vehicle" owner, lessee or bailee when Such transportation means any I)erson who or which undertakes, is for the purpose of sale, lease, rent, or bailment whether directly or by lease or any other arrange- or in furtherance of any commercial enterprise. ment, to transport property, or any class or (j ) The term "tank motor vehicles" used in article classes of property, for the general , public by mo- three-b of this chapter means any motor truck, for vehicle for compensation , whether over regu- trailer or semi -trailer respectively, used for the lar or irregular routes, or within a defined terra- transportation of liquids, and which for such pur- tory, including such motor vehicle operations of pose is provided with a tank , or tanks, mounted carriers by rail or water, and of express or for- on the frame or chassis of such vehicle or when warding companies to the extent they are not such tank, or tanks, are an integral part of such i otherwise included within the provisions of parts vehicle. ? one and two of the interstate commerce act of 31 . The term " person ," as used in article ten the United States and the laws of this state. ( c ) of this chapter, means an individual , firm, co-part- The term "highway," when used In this article, nership, corporation , company, association or joint i shall mean every public street, alley , road or stock association , and includes any trustee, re- thoroughfare of any kind used by the public. ceiver, assignee. lessee, or personal representative ( d ) The term "contract carrier by motor vehi- thereof. cle" means any person, not included in ( b ) of this 32 . The term "contract carrier of passengers paragraph , who or which under special and Indi - by motor vehicle" means every person who or vidual continuing contracts or agreements with which engages in the transportation by motor vehi- one person or a limited number (if persons for the cle of passengers for compensation, other than in furnishing of transportation services of a special the operation of an omnibus line as defined in sub- ' and individual nature required by the customer, division twenty-eight of section two of this chap- and whether directly or by lease or any other ar- ter. It does not include ( a ) hotel buses used ex- rangenlent, transports property by motor vehicle elusively for the transportation of patrons to local for compensation . ( e ) The term " motor carrier" railroad or other common carrier stations : ( b ) includes both common carriers by motor vehicle motor vehicles operated in what is commonly and contract carriers by motor vehicle. ( f ) The known as taxicab service, unless such service be- 5 "Services" and "transportation" to which article comes. or is held out to he regular service between { three-b applies include all vehicles operated by, stated pointe, localities, areas or territories not for, or in the interest of any motor carrier irre- wholly within a municipality ; ( c ) motor vehicles spective of ownership or of contract, express or used solely for the transportation of children to implied, together with all facilities and property, and from schools operated under contracts made operated or controlled by any such carrier or car- pursuant to the provisions of the education riers and used in the transportation of property law or vehicles owned or leased by school or in the performance of any service in connec- districts used solely for the transportation of tion therewith. ( g) The term "broker" means any children to and from schools : ( d ) non-profit person not Included in the term motor carrier and car pools ; (e ) the occasional, casual or reciprocal not a bona fide employee or agent of any such car- transportation of passengers by motor vehicle for rier, who or which, as principal or agent, sells or compensation by any person not engaged in trans- offers for sale any transportation subject to article portation of passengers by motor vehicle as a • three-b, or negotiates for, or holds himself or it- regular occupation or business ; ( f ) sightseeing self out by solicitation , advertisement, or other- buses operated wholly within -a municipality under wise as one -who sells, provides, furnishes , con- municipal license. fit. Cont'd company for the use of Ila poles by a television cable well Co. v Public Service Com. 8 AD2d 232, 198 S2d 107 company. Ceracche Television Corp. v Public Service ( 1959) . Com. 49 M2d 5541 287 S2d 9119 ( 1990) . 9 24. The scope of the Jurisdiction of the Public Serv- 4 28. Where daily transportation service was supplied by ' ice Commission is the regulation by the Commission of respondent's buses on a basis of monthly contracts for the business of affording telephonic communication for use of a bus exclusively by members of a commuter group hire, and patently the picking off-the-air standard broad- at a fixed amount per month paid in advance, the Public casts of commercial television stations and by ampllfics- Service Commission could properly find that such service tion transmitting them over wires directly to the house- was "chartered" service for transportation between resi- hold patron is not in any sense telephonic communication. dences in certain villages and New York City, which Ceracche Television Corp. v Public Service Com. 49 respondent was entitled to continue to operate as a con- M2d 554, 297 S2d 999 ( 1900) . tract carrier. Rockland Transit Corp. v Public Service 125. The Public Service Commission has no Juris- Coin. 29 M2d 909, 221 S2d 1010 ( 1991 ) . diction to regulate the rates charged by a telephone + 12 Y 7 • Public Service Law § 4-b 33. The "services" and "transportation" to certify to the governor that additional commis- : which article ten of this chapter applies Include sioners are needed for the proper disposition of all vehicles operated by, for or in the Interest of the business before it, the governor may. increase any contract carrier of passengers by motor vehi- the membership of the commission to seven mem- any irrespective of ownership or of contract, ex- berg by appointing two additional commissioners press or implied, together with all facilities and by and with the advice and consent of the senate. property operated or controlled by any such car- The terms of office of such additional commission- rier or carriers and used In the transportation of era and the filling of vacancies during such terms passengers or in the performance of any service shall be governed by the provisions of subdivision in connection therewith. three hereof, except that upon the expiration of the terms of such additional commissioners, no 3. Department of public service ; divisions.- further appointments gr reappointments shall be There shall continue to be in the state pv. made to such additiond4 offices, unless the commis- ernment a department of public service. The sion ahall first ce?tify to the governor that the chairman of the public service commission shall need for additional commissioners continues to be the head of such department and when acting exist. in such capacity shall be known as the chairman g The term of office of a commissioner shall be of the department of public service. The head of the department shall be the chief executive ten years from the first day of February of the officer thereof. The appointment or removal of all calendar year in which he shall be appointed. officers, clerks, inspectors, experts and employees Upon a vacancy occurring by expiration of term ? of the department or of any division thereof, and or otherwise in the office o1 the commissioner who all contracts for special service, shall be subject is chairman, unless his successor be designated as to his approval.. The head of the department chairman in his appointment, the governor, by and shall designate one of the commissioners in the with the advice tnd consent of the senate, shall department to act as deputy chairman during appoint one of the other commissioners to be t the absence or disability of the chairman and chairman until his term as commissioner expires, during such times such deputy chairman shall and, upon a vacancy occurring in the office of any possess all the !powers of the chairman as head other commissioner, the governor, by and with of the department. There Shall continue to be the advice and consent of the Senate, shall fill the In the department a division to be known as the vacancy by appointment for the unexpired term. state division . Such division shall have an offi- cial seal. 4_a� ( Repealed I • t t 4 State division.-1 . The head of the state division shall continue to be it public4-bRemovals.-The governor may remove service commission , which Shall possess the pow- ' any public service commissioner, now in era and duties hereinafter specified, and also all office or hereafter appointed, for inefficiency, neg powers necessary or proper to enable it to carry lect of duty or misconduct in office, giving him a I out the purposes of this chapter. The commission copy of the charges against him, and an oppor- shall consist of five members to be appointed by tunity of being publicly heard in person or by t the governor, by and with the advice and consent counsel in his own defense, upon not less than of the senate. A commissioner to be designated ten days' notice. If Such commissioner shall be as chairman in his appointment as such commis- removed the governor shall file in the office of sioner shall be chairman of the commission until the department of state a complete statement of � . his term as commissioner expires. charges made against such commissioner, and his 2. Notwithstanding the provisions of subdivi- findings thereon, together with a complete rec- Mon one hereof, whenever the commission shall ord of the proceeding. § 36 HISTORY : Add, L 1928, ch 732, with substance 4 HISTORY : Add, L 1910, ch 480, amd, L 1928, St transferred from St. Depts L 1 430, amd, L 1945, 732, with, 432, with Lubstan ch 430,ce sfe July froml1949. Depts L L ch 855, eft Apr 18, 1945. Former 13, add, L 1910, ch 480, repealed, L 1921 , ch 134. REFERENCES: Application for order in the nature of CASE NOTES prohibition must he made In Albany County. 48 NY Jnr 457, Public Utilities I II. � 1. This section makes approval of the chairman a con - + uon precedent to a valid appointment of an officer, it HISTORY : Add, L 19300 ch 850, repealed, L 1950, does not make disapproval a condition subsequent which § 4-a. ch 465, eft Apr 5, 1950. *ould terminate an appointment. welling v. Fullen, 164 Former 4 9 -a, add, L 1921 , ch 134, renumbered 14-b, U 456, 299 S 86 ( 1937) affd without op 252 AD 856, 300 L l93 er0, ch 850. S 1005 ( 1937) . q !. The members; of the Public Service Commission are + dote officers with their principal office in Albany so that q - b. HISTORY : Formerly 14 -c, renumbered, L 1946, an application for an order In the nature of prohibition ch 158. must be made in .Albany County and the Supreme Court Former 14-b, formerly 14-a, renumbered, L 1930, ch 850, In New York County has no jurisdiction. Queens-Nassau repealed, L 1943 ch 170, 1 15-s. as amd, L 1945, ch TrInsit Lines v. :Maltbie. 183 M 924, 51 Std 841 ( 1944 ) 855, eR Apr 18, 1945. Prior 14-b, add, L 1928, ch 732, slid without op 269 AD 680, 53 Std 954 ( 1945) . renumbered 1 4-c, L 1930, ch 850. + + 13 • i 70 • N ILA v fig. C § 2 PUBLIC UTILITIES 48 NY Jur Regulation of public utilities is carried out on behalf of the state by the public service commission.' i 2. Definitions. The Public Service Law defines the term "department" as the department of public service, and the term "commission" as the , state division of the department of public service, of which the public service commission is the head.' The term "commissioner" means one of the members of the public service commission.' The term "corporation" as used in the Public Service Law includes a corporation, company, association, and joint-stock asso- ciation,• and the word "person" includes an individual, and a firm or copartnership! The term "utility company " or "public utility company" is used to avoid repetitions in a provision applying to one or more persons or corporations operating an agency or agencies for public service, and who or which is or are subject to the juris- diction, supervision, and regulations prescribed by or pursuant to the Public Service Law, such term being so used only as a gen- 3 era] term descriptive of such a person or corporation.' The term "utility corporation" or "public utility corporation" is an incor- ` porated utility company.' "Municipality" is also defined in the Public Service Law.'• i The Public Service Law also defines street railroad," railroad," 3. 9 et seq., infra. 9. Pub Service L 12, subd 24. 4. Pub Service L $ 2, subd 1. The term "public service" should be as broadly construed 6. Pub Service L 2, subd 2. as the plain import of the lan- 6. Pub Service L 2, subd 3. guage carries, and under such construction public lighting is 7. Pub Service L ¢ 2, subd 4. necessarily included thereunder. The term "person ," as used in Tupper Lake v Maltbie, 267 AD Article 10 of the Public Service 763, 16 NYS2d 491 , app diamd 283 Law, means an individual, firm, NY 720, 28 NE2d 724* copartnership, corporation, com- a, pany, association , or joint-stock 10. Pub Service L $ 2, subd 16, association, and includes any Generally, see 39 NY Jur, Mu- trustee, receiver, assignee, lessee, NICIPAL CORPORATIONS I L or personal representative there- of. Pub Service L $ 2, subd 81 . 11. Pub Service L $ 2, subd b. 8. Pub Service L 2, subd 28. 12. Pub Service L 4 2, subd 6. i 446 i ;l r. eri i V I c Z. e P N •� I r u N R N N I < I / • I z Ih ! N • C a P p• s • I rO000. a 1 A • r • (1 W 14-i tA n ^ e J I v o v I � I I to rn I 1 1J W I 1 gig I , • u IF ( ' � tAN C-i F I ie / I I I I L P • n N I - � s Iv I U ns I r II: � i h� Before completing this form it is recommended Thal the; folll , tving excerpts from the Federal A , i Ilion Rgtil .ilimis, Pm- t 77 , Sllhcliapicr 13 hclow hc; reviewed . USE HACK OF TRIS SHEET ' ,<1S WORKSHf :. ET i OO NOT REMOVE CARBONS Form Approved O.M.B. No. 04-ROODI DEPARTMENT OF TRANSPORTATION FOR FAA USE ONLY FEDERAL AVIATION ADMINISTRATION NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION AERONAUTICAL STUDY No. 1 . NATURE OF STRUCTURE --- ---- -- - - - FAA will sithor return this form or TYPE - v B. CLANS - C PROPOSED IENG11-1 OF issue a separate acknowledgement.( i V1 TIME TO COMM E. TE� MEW COtdSTRUCTION CJ PERMANENT ( Muntlixl _ A. The propoeod structw'r. EIALTERATION L If MFORARY one Ll ant ❑ require a notice to FAA, - --- --- - Wound mot ercead any ebrtruttlon 'AME AND AGURESS OF INDIVIDUAL, COMPANY , CORPORATION, ETC . PROPOSING _I lald f Pari Tl and would act be AE CONSTRUCTION OR ALTERATION ( Aum �' hrad hrr . et , City, Htate aZip ( 'odeefdgo ) a hazard f afr navigation. don. f t.l Should be " obatruadr a: .Q marked r , 0 lightedper FAA Advlscry Circ lax Cornell Radio Guild , Inc . 7Q/7460- 1, Clraptec(s) TO Radio Station WVBR-FM 0obetructlon marking lad ughth" ase j 227 Linden Avenue not necessary I Ithaca , New York 14850 0Requirea supplamectal notice. Use FAA form saclosed. .r ., L B. FCC Cl was {] was' not edviwd. NF REMARKS: . COMPLETE DESCRIPTION OF STRUCTURE t1picludeJef)ectirc r'adiah•d puf'•fyt ✓lfdtiurmjo 9 rouor t { 7, , . ! .. + 1 6 , �5�a - moi • ' nlodifled ASI , FM or TV xtutiun and (rxxi pied rev uer,c) xize and sun J 1 tranarn , xxiun line is rit, in , ry/ of FAA fucilitiex as appropriate ) . 280 - ft . tall uniform cross -section triangular guyed , `' radio tower with 3 - bay FM broadcast antenna . ° ` ' ; tr, :' , 4 `•' , I x Add 3 ft . for light: s for total of 283 ft . above ,- ground . Broadcast facilities . 93 . 5 MHz , 3 . 0 kW ERP , IssulrfG oFPtcErl ; r _ 1 , i ;, T r: 300 feet antenna height above average terra :i.n . _ REVIEWING OFFICER NA1E "` . i • :' 4. LOCATION OF STRUCTURE COORDINATES ( To urareAl necond ) B. NEAREST CITY OR TOWN, AND STATE _LATITUDE LONGITUDE — Ithac_ a , New York ( 1 ) DISTANCE FROM 4B (2) DIRECTION FROM 4B 2 ] 21 760 33 16 ( 2 miles _ - -_ - MILES I ` /a/�/�J/// t� — 290 ° True nth OF NEAREST AIRPORT, HELIPORT, OR SEAPLANE BASE ( 1 ) DISTANCE FROM NEAREST POINT OF (2) DIRECTION FROM `- - - -- ^-- NE -' S UNW AIRPORT Tompkins County Airport � ` : � � mi'`.� es 2450 True DESCRIPTION OF LOCATION OF SITE WITH RESPECT TO HIGHWAYS, STREETS, AIPPORTS, PROMINENT TERRAIN FEATURES, EXISTING STRUCTURES, v STC . ( ANach it highway, street , or aiiy other appropriate uurp or scaled thriwiny ehuu• inq It, f; relationship of canstr'uetion site to nearest oirport ( x ) . If nfurc xpuce ix required , cuntinuc on a separate sheet of paper urui altuch hr ( his• notice. ) 1 , 000 feet off Bundy Road on level , high ground . 245 Bundy Road . See attached map . i I S. HEIGHT AND ELEVATION ( Complete A , B and C to the_neurcet foot ) — I 6. WORK SCHEDULE DATES IEVATION OF SITE ABOVE MEAN SEA LEVEL 1150 feet _ A. BEGINNING One HEIGHT OF SIRUCTURE INCLUDING APP `� APPURTENANCES AND LIGHTING mont J_ F ( if any ) ABOVE GROUND, OR WATER IF SO SITUATED 283 feet B. END )VERALL HEIGHT ABOVE MEAN SEA LEVEL ( A + B ) two months later 1433. _e _ YES NO OBSTRUCTION MARKED AND/OR LIGHTED IN AC- A. MARKED ( if required by FAA ) X ='ORDANCE WITH CURRENT FAA ADVISORY CIR- g, AVIATION RED OBSTRUCTION LIGHTS "ULAR 70/7460. 1 , OBSTRUCTION MARKING AND _. - ( if required by FAA ) AGHTING C. HIGH INTENSITY WHITE OBSTRUCTION LIGHTS -- 't D. DUAL LIGHTING SYSTEM - x - I HEMY CERTIFY that all of the above statements made by me are true, complete. and correct to the beat of my knowledge. fill E 'EEL. NO. ( Give arca ` TYPED NAME/TITLE OF PERSON FILING NOTICE SIGNATURE code ) I fi 607 - 273 - 4000 I Peter A . Millett , Engineer reh:Z7r/ ' _� .utice is required by Part 77 of the Federal Aviation Regulations ( 14 C . F. R. Part 77) pursuant to Section 1101 of the Federal Aviation Act of � 95F , as amended (49 U .S.C . 1101 ). Persons who knowingly and willfully violate the Notice requirements of Part 77 are subject to a fine criminal penalty) of not more than $500 for the first offense and not more than $2.000 for subsequent offenses, pursuant to Section 902(x) I . / the Federal Aviation Act of 1958, as amended (49 U.S.C. 1472(x)) . f1 I-nxiii 74 (ln - 1 rt _ 'ral 1111PFR5FDF5, Pak % truc rn , nn., - Yin Abe % r DCa•sf-1 tfC tr`V A0111l^ AIC BRUCE D. WILSON ATTORNEY AND COUNSELOR AT LAW • SUITE 305 CLINTON HOUSE ` 103 WEST SENECA STREET ITHACA, NEW YORK 14850 JA ji:j ` 1980 VA 1 L? I� a PHONE ( 807 ) 273 -7728 January 28 , 1980 Mr . Lewis Cartee Building Inspector Town of Ithaca 126 East SE! neca Street Ithaca , New York 14850 Re . Cornell Radio Guild , Inc . d/b/ a WVBR Dear Mr . Cartee : As per our phone conversations , I am enclosing a building permit application and check in the sum of $ 25 . 00 relative to Cornell Radio Guild , Inc . d/b/ a WVBR ' s application to put up a radio broadcasting antenna transmitting tower . As you know , WVBR is a public not - for -profit corporation serving under the FCC rules for the benefit of the community and aids and assists the community at large . It is our position that as such , it will qualify as a public utility for zoning approval purposes . I will be happy to meet with you to discuss the applica - tion in person at your convenience to clarify any facts . Thank you for your anticipated cooperation . Very truly yours��/�' O • -T,Lam`' BRUCE D . WILSON BDW : jds Enclosures cc . James P . Savitt , President of WVBR I 5 ,000 � •Su ' ' ' - - 5,001 — lob 5 .00 ; TOWN OF ITHACA x:102001 — 20,000 .10.00 ►� 70001 — 30,000 15 .00 : APPLICATION FOR GU1LDI ?iG PERMIT 001 — 10,000 0!0.00 •10,001— 50,000 1'.5 :00 Application Date -. 1�. . ..._�80 ...._._ 50,001— 100,000 50.00omit Number- 100,001— 500,000 i 5.00 � P .......__............._.._.... f 500,001 — 1 ,000,000 100.00 Date ............. ..�............_ 1 ,000,001 & Over 150.00 } nortion of Parcel Number ..fi-221...7_........._ Mahe checks payable to Town of Ithaca Zoning District »Agrig1.lR15 _ .. Application is hereby made to ( build ®, extend ❑, convert ❑. .. ... .... . ....... ❑ ) a structure or use land ata,... ...245..1;3s1Y_ ?45 ... - 0000. ... ......................... __0000._... Rd ., Town of Ithaca, N. Y. To be used for ..Radio Broadcast transmitting site/ public .utility.--•__, At a cost of $40 •- $ 50 , 000 ._.. ................... ......a._._..a._.... ...... Structure is to be completed on or before _ .._....._...._.� 19._ :_...._............:.... _.»........._. Owner of landCar2enter ._. .---.-.--. Builder .1..... _..._.__._..._._...:........»0_000: ---.~ LandOwners mailing addius ..........._000.0.......--00Woo....._....._ .----•... .......... ............:........................... ............_._._._......_........... —. If building is being built fo:r a person other than present land owner, show name d/b/a WVBR The structure(s) will be 6a3 follows : Square Feet Floor Area : Type of construction .concrete slab , concrete block $aswcnt None _0000.». ...----- ..». . ._. .. ... ...... . ._.»._........_._....._._ ....» »..._......._...._....._ . Number of stories •, walls , wood First Floor one ...__.420._._.. -- - -_... _..._._._.. ._.._ _.. . - None -- root . Number of Family Units ......_.. -__._._._._.._......__— _._. Second Floor None , Number _ __. ..............._.,._.__ 0000 »...»._. Percentage of Lot to be occupied Over Second .....1�411fr............ ...... by all structures ..»._....._..• ...-....0000..-_x17 $... ....._._.._._.»» 0000._ ...._..__....—.._.. .....� Plot Plan on Back of Permit ... .... ..... or Attached ...:X..... The rcquircd_ permits have been obtained as follows : Dafs -Isrued FROM TOMPKINs COUNT1r HEALTH DEPARTMENT Approval of septic system and/or well ........... ......___.._..NIA........:_._._._..._._. .... FROM TOWN CLERK Strcct .opcning (if road must be opened for pipes) . __. goo,1.10, Blasting permit ' (if blasting necessary) ...........:............... WA.:.»0_000.»......_.. ...... FROM SUPERVISOR WaterTap _.......... ............................_._.._.......» District . . . . . . . a .._..:__......._... ...N.LA.�—... --- ...: ....._....... SewerTap ................._.•.,..._......._ ......_........._. District . . . . . N/A» ..........»00_00:-........ r FROM PROPER HIGHWAY DEPARTMENT Culverts and driveways . . . . . . . .._......... N�A... » ... ...__.... FROM TOWN ZONING OFFICER Multiple mldcnce permit . • . . .............:.. .. ......N/A..__..._.-.-..... ...�..... The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and . other Laws and Rcgulat:ions of the Town of Ithaca, New York, or others having jurisdiction, and aff' that all statements and informationo iven herein are correct to the best of his knwle and bell 8e g Date . ................... I Z �...._.... ....__..s 19..s�:� - 00000.... James P . Savi ; Presid nt Signature of 4 . Building permit ( ) approved by .......................... .:. ...... .... . .. Progress of work. Checked on : Applicant ( ) denied under Section .. ..._... ... of the Zoning Ordinance by Foundation .......... .............0000--•--..._........._.._..... Appeal action : Framing ». ....._..........._..... ._----..._00.00».. Dateof appeal ....... . ........................... .................. ...._......_.. ._. Trim 0000 _..............._..».. - _ - ... �... Date of hearing _..._... ...__. ......................................._. Completion 0000._.. ................. Date of advice ising ._.....__ ....................... ............................ Order to refill excavation Board members notified .............. issued on .-._.. ..........._•...................wow........ __000._.-0000. .. .......-.............. ........... ............ . ....1. Order to demolish structure ' ...... . ..... ..-..........00...0..._.......0.•-• issued on - ....... .........._...._...._ _ - ............. . . ... ........ .0....... - - $ 7 . 50 - Appeal, advertising cxperues. Iy 1 7 • REAL ESTATE OPTION AGRLL•' MENT This OPTION AGREEMENT is entered into this 27th day of November , 1979 , by and between Ralph G . and Alicia Carpenter ( " Seller " ) and CORNELL RADIO GUILD , INC . ( " Buyer " ) . 1 . Seller hereby grants Buyer an option to purchase the fol - lowing property : situated in the Town of Ithaca , County of Tompkins State of New York , containing approximately six ( 6 ) acres , the ` dimensions of which are five hundred ( 500 ) feet by five hundred ( 50 feet , located ori the eastern boundary of a larger parcel of real property owned by Seller , located at 241 Bundy Road , Ithaca , New York , described on the Tompkins County Tax Map as Parcel # 6 - 27 - 1 - 7 . • This option includes both title to said property and a right - of - way to access the property from Bundy Road . ' 2 . The price for which Buyer may purchase the property from Seller is four thousand dollars ( $ 4 , 000 ) per acre . 3 . The consideration for the option is one thousand dollars ( $ 1 , 000 ) , paid by Buyer to Seller , receipt of which is hereby • acknowledged by Seller . 9 . This option expires at 11 : 50 p . gie on June 30 , 1980 and is intended to ektend without interruption the similar option which expires December 1 , 1979 . 5 . The buyer may exercise this option by delivering written notice of exercise to Seller in person or by certified U . S . mail of later than the time of expiration of the option . 9R J* WILSON I ATTORNEY AT LAI/ CLINTON HOUSE f WEAL SANSCA STREET ASA NEEM TURK 14850 I • 6 . Settlement on the sale of the property shall take place . E Y at a time and place mutually agreed to by Buyer and Seller and upon terms and conditions to be mutually agreed upon , provided that Seller shall have the right to require that settlement take place not more than fifteen ( 15 ) days after Buyer exercises the option . 7e At settlement , Buyer will pay the full purchase price for the property . The one thousand dollars ( $ 1 , 000 ) paid for this option shalll be deducted from the purchase price . •- B . At settlement , Seller will convey the property by the form of warranty deed : usua .l and customary in the County of Tompkins and will furnish tax and title searches to the date of settlement show . ing good and marketable title , free of liens and encumbrances , but • subject to pole and wire easements and restrictions running with the larger parcel . of real property of which the property to be sold is a part , Seller is aware that Buyer plans to erect a radio tower on the property and agrees that if the title search discloses any encumbrances or easements which in the Buyer ' s reasonable judgment Y will interfere with its use of the property for the use intended , ` then Buyer may elect not to cqo to settlement , and the payment of one thousand dollars ( $ 1 , 000 ) fqr the option shall be returned to Buyer . 9 . If Buyer elects for any reason not to proceed to settle - ent , Seller agrees that its total liquidated damages shall not exceed the one thousand dollars ( $ 1 , 000 ) paid for in this option . 10 . From the date of this option to the date of settlement , BRU*. WILSON ATTOwA [Y AT LAW CLINTON HOU59 ( 2 ) 1 WEST UNECA ST1ILIT - OACA. N[ W TORK 14600 I i • I • Buyer shall have the right to enter upoii the land and to make such tests , including soil tests and boring , as it deems necessary to determine the suitability of the land / for the erection of a radio tower . ' Buyer shall hold Seller harmless from any damage or injury r s resulting from Buyer ' s activity on toe property . Buyer shall like - wise make all reasonable efforts , if required , to obtain the neces . sary usuage and zoning approvals , for the Seller ' s usuage as a radio tower , cost of which to be borne by Buyer . 11 . The Seller shall not sell or mortgage the property or grant any easement or place any encumbrance on the property covered by this option from the date of this option forward . 12 . All taxes on the property up to the time of settlement • shall be paid in full by Seller not later than the date of settle - ent . 13 . Buyer agrees to pay the commission fee of six percent ( 6 % ) of the selling price to J . D , Gallagher Co . , Inc . at the time of settlement if Buyer purchases the property from Seller . Buyer and Seller each warrant that they know of no other broker or finder involved with . this transaction , and each agrees to hold the other harmless from any other commission or fee and/or claim , including attorney ' s fees , which may be payable by reason of its actions in connection with this transaction . 14 . This option agreement shall be binding on the respective heirs , successors , administrators , representatives , and assigns of the parties hereto . RU� WILSON ATTO, , AT LAZY CUNTON HOUSE ( 3 ) WEST SENECA ST89ET ACk. . N9W CORK 11600 • ' 15 . T .-his option agreement represents the entire acreement between Buyer *and Seller concerning the property involved and may a ' not be modified except in writing signed by the party against whom the modification is sought to be enforced , 16 . Notices , including Buyer ' s notice of exercise to Seller , Iiay be given at the addresses indicated below : SELLER : Ralph B . and Alicia Carpenter 1388 Mecklenburg Raod Ithaca , New York 14850 BUYER : Cornell Radio Guild , Inc . 227 Linden Avenue Ithaca , New York 14850 IN WIT14ESS HEREOF , the parties have set their hands as of the day and date first set forth above . RALPH G . CARPENTER ALI IA CARPENTER CORNELL RADIO G 1AILI , B J ES AVI , PRE DENT STATE OF NEW YORK ) • COUNTY OF TOMPKINS ) ss : On the day of , 1979 , before me per - sonally came: RALPH G . CARPENTER and ALICIA CARPENTER , to me known to be the individuals described in and who executed the foregoing instrument and acknowledged that they executed the same . CE O. WILSON =oasuw Notary Public INTok _ OusE ( 4 ) •. 9T SENECA OTREET MEW YORK 14000 I i • STATE OF NEW YORK ) COUNTY OF `I'OMPKINS ) ss : On ttae 0`1) day of //w6eP - Z *�L 1979 , before me personally came JAMES SAVITT , to me known , who , being by me duly sowrn , did depose and say that he resides at Ithaca , New Yprk ; that he is the President of Cornell Radio Guild , Inc . , the corporation de - scribed in and which executed the foregoing instrument ; that he knows the seal of said corporation ; that the seal affixed to said instrument is such corporate seal ; that it was so affixed by order Of the board of directors of said corporation , that he signed his name thereto by like order . Notary Puhlir, S , Or of Now York NloI ' I Notary Public Qu : li ( i, , I ill • f, : I : i ; , l ilii County Tcrnl Ial , irej V : , r a .iu. 19XLJ •f BRIO . WILSON ATIC Y AT LAW CLINTON HOUSE ( 5 ) WEST SENECA STREET , ACA . NEW TORE I4060 1 r 1 �I all day music ujvb W s 93.5 In stereo m 227 Linden Ave. , Ithaca, N .Y. 14850 (607) 273-4000 DESCRIPTION OF TOWER Tower -will be galvanized steel , painted with standard aviation orange and white stripes . Overall cross section will be between 16 and 24 inches , typically composed of three one - inch solid steel rods held ` together of smaller steel . A diagram of a typical tower section is attached J. . The tower will be lit with one 300 mm code beacon fitted with a dark red filter at the top of the tower and two small red obstruction lights at the midpoint of the tower . An antenna will be attached to the tower between 253 and 273 feet high . It will. extend approximately 24 to 36 inches from the tower face . For more information contact : Pete Millett WVBR- FM 273 - 4000 SUBJECT leA`.& MeNr5 Fore lYl' E0�6 ►� D • JOS NO. yJ 'd PJiZ � t t�••M1 tT� �' ��tT� ' BHEET NOs t OF 4AADE By DATE b Z CHECKED BY eAn DATE t Te Id r I } �- � (? c� i:•., P-1 _- tJ � s• � ! � Sp ' �A`�fMPlj' --� 1wl 0!' TiGx7 DP -TlGN oPTiOsJ G • � CG+L: t � E-tv1 s�' �' � 'r' (: lfk: NlF7.pJ'j CAN F'JE iOC44 Pik t�i N '� - Dc t :7'' • '. r*' Ft1t„�tG ��T+� C� T't FUTui? e. "STt2eQr " 1 ► = ; a t�chf of= t',Lti: :T tr w l rH �► ! E 1' hF V! ; [3J r e4 E ROvJ c.� R= Ut � r:•.• � unrt ��. 110U6EAr, ON ztc, '— tr}D(Y` ON SP' �k.=-� ��.1 � P�v � �pl ►•:c_: Gtr ? d�;, t�, . P� ��7 . ' No w vc d (: Vr uOvAs (N � CfMOP Foe acC f�sS FROtol V�oUOOtj ?, 94 ��' �...�rC�l'� h.I : ('� ��: � � r,�. L Ott r• � - ��,�.... . � . ... .r �' GL• E: ' y • � ' ;ter- �, ► - a " Z • CLIMBING RUNGS ARE TAPERED BASE AND SHORT SECTIONS O STANDARD ON AND POLE TRANSITIONS AS WELL ~ b ONE FACE 18" AS TORQUE ARMS AND CUSTOM HARWARE ARE AVAILABLE . LLJ vsw o a - -- z < >� � 0 E L +b 1 Y a O O • N ® + 9 O O O O Oa O0 O® SECTIONS 18— ITo18- 4 SECTIONS 18- 5 To 18-8 TOWER 0E1aaT it- 1 16 - 2 18 - ) e • c 18 - 5 18 -6 16- 1 _ OUY [48V1TLONy .• A v a 20 1 E 6 40 2 40 26 69 56 60 3 43 42 93 77 80 1 3 40 60 56 111 96 100 1 4 40 60 70 143 122 120 6 40 60 120 N 170 143 140 1 6 40 60 120 96 194 166 160 6 40 60 120 160 112 217 161 180 1 6 2 40 40 120 160 126 242 209 200 6 4 SO 100 140 160 140 270 230 220 1 6 4 $0 100 140 160 220 154 294 251 240 4 4 4 SO 100 ISO 200 240 166 316 272 260 S 4 4 SO 100 130 200 240 162 342 293 260 6 4 4 50 100 130 200 240 260 196 366 314 • 300 1 6 4 4 SO 100 110 200 240 290 210 391 363 WEIGHT 200 225 263 340 390 440 500 MAXIMUM *40 9B 30/33 V101 10AD LOAD 5301 7215 9424 14313 17671 24035 28627 INCLUDES UNDRAGROUM PORTION o1 ANGNOHI, ►L111 S P6ET TO LOT LINE . Us eli � VERTICAL KETC� _ OF PROPOSED STRUCT Rlr : ; : : ( ' .. . 0_ . _ . . . . 300 I 1440 ri---+ OVER L H ' ' ` . 1 top : . f tower 280 feet > 283 : eet . : , ! : 1420 - - ; " ` tbp : ofJ antenna 2: 73 feet:. C�NT ! R ` 0: 263 ' eet'a ro104 400 - L' nonconducting; guy U) 1380 I ' U1360 ' 0 I f 134080 J : w1320 : # Oi i I ; Ln 1300 - - J i ; ( ; , � . - - 40 - E { �.._. �... . ' ob8tru0t : �a. t „ 141 �edt 1280 - - � . : . . : . > 20 Q • t I 1260 - - ' Ii : . : il . . . ' ; : it 7 c � 12411 - � : I . . , i � • , f : 1 1220 - - " : i : . : ; : , : ' . I I I . . _ j : . . 1200 - 1180 = - - -- ; � ._ . " - - -/ -• ' � � I , . . . I . : . ' • -- t 1160 - - ;- ! 1. P . i 1150 - - : �' » -- __ . ..._. _ . ... . �.. ._. . . . .. . , . . . . . . . . . . ; Y _ � .�. . ... _. _ ( : , ( 7 HORIZ ?NTALi NOT TO SCALE I i I I I lilt I M N .� V 00 } W o� a m w � ; N O O cr o Nov 1 . 00 .� • �`.� . . � i • ' • � , • � � 1 i i • • � • i f � • c , i O , • . j � �� r v . � • • � j. • • i i.. : � � � � ; . f { � � I I 1 L � � I 1p`f l f, 1 � . i. ]( I 1 SF 'I I I f 11 1 j I ._ 1f 1 f ' Ii I � Ii 1 � . 1 ' I fli { I ! �� j II �f ' f i ! � + Ij �. . I �, i I � I , I I , r� II � 1, f LL A CO 411011t,%60190 I !p CD CO comma SIM • • z Imccccl WMIJ cc 0 FL IF • • • Z OL • • LL fit � L ^` I O - u co IWdom .� `e �n cl cy N • Z CL r � . cv m (C W W 3 � o ce) co N .� 'a T ^^W,, W V� ♦'/ N { I � - SIGN APPLICATION AND PERMIT = FEE : $ S : OOLAPPLICATION PLUS $ 1 . 00 PER SQ . FT . AREA OF EACH SIGN , APPLICATION DA14 PERMIT •: # DATE - - r �ONING DISTRICT !g� TAX MAP PARCEL rr rrrrr rrrr r r .— .— rrrr . rrrrrrr r -. rr -. rr -. rr r .- rr .- rrrr rrrr r rrrr rrrrrrrrrrr �. rr rr .- r .. �.• , l APPLICANT , ry" 0Mk&4EY&C TELPHONE ZTZO- .S / ADDRESS ® �° `?�' ��► J XroV ,, �4 PROPERTY UgNTER� 3 oAl v's' , ADDRESS �,a� &%A TELPHONE .d7�. - F ' LOCATION OF SIGN ( S ) _ /D +® �� � aj%tACA- I A I♦ L n i� n H !� n !\ H A h!� n I�1 n I� n n I♦ n n L n I\ n /� n n n n I♦ I\ n n !� !� n I\ I\ � • n n A L I�!� I\ I\ !"• h I� I� I� h L I\ n n M1 n n I• I�n I\ n n n n 1\ I kCALE DRAWING - OR - ATTACHED OR . BLUEPRINT . _ - - - v, _ .. - . _• __- . . -. - - ..� y- _ __ --_ - _ . 1 O� w F E/Nv f _ DATE /•� ® � S IGNA mi n n ! nnnnlC n !• nh , . nnn . • C7` 7C 1. nn /L , nn nn 0%a i. nl. ,�, • nn nn ,Cnnl� ii "�c4conlCX ! ' DATE - " ' " - - ` PLANNING BD ' ACTION - - - - - - - - - - - - - - ( ) APPROVED BY ( ) DENIED UNDER SEC: . _ TOWN BD . ACTION DATE APPEAL ACTION 2ND • PLANNING BDo ACTION DATE *PATE OF APPEAL*. _ DATE OF HEARING 2ND * TOWN BD , ACTION DATE $ 25 . 00 DEPOSIT FOR ADVERTISEMENT ✓� ' �00 OF HEARING . 7f. . .� d t w r aS3f�m.4m..'� S'•^��1/bfT/S¢RtiY . _ -c c.L _`i}T— ;THE -HAY].OFT •ART, STUDIOS ' oi, w� ` `✓ 2 4 1 . JU -RENTAL : INFORMATION_ ` 1059 DANBY ROAD PH : 607-272-3813 ' ' J~� r F r 1, : V ,., -1 Jg 26 - 'py,�, 50 - 262� ITHAGA�, N Y. 14850' " : 213 . ~" Al PAY TO THE ORDER OF $ , DOLLARS RST . ' y . _ '.k. . .s J' _ .rte' P . ✓ly^Y .•K . ' ITHACA.' K V HBSO - .i _ _• ,-. Y .'+ M• ,• ... s� .. . ` • • - tI� 1� j. \r��lw N d'•�� '� Y r ,-.. ` `n . +.._4 ` y, 'jy- (x1� ..+1 MEMO � _..y L.c-lam•. -�'-���; 100 * 2 30 26 2 21 : 26 5 . 7 2096 . 6 �i r O i �N�y'� 1 *•. _ f TM 1„.`w:°WT_� .,•e.e�.�^T+T._T.e.m•r.w+...n •er ... I . „. '�w_,N"• ..+ _ '*A �..�. P o..,.. — .FO•+ 'n.' , SIGN ' APPLICATiuLN 1-16 IN" ac Lo"' vim: FEL . $ 5 . 00 - APPLICATION PLUS $ 1 . 00 PER SQ . FT . AREA OF EACH SIGN . APPLICATION DATE : �Pe1 L 2� ��! ? `� PERMIT.; i DATE - - eyING- DISTRICT. TAX MAP PARCEL. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - — rr — r — — r — r — APPLICANT �u�N TELPHONE Z7Z- 3�,' ! 3 ADDRESS /23 X.'.4JL ��� • � S _ . . PROPERTY OWNER - F sc'7zF AA ADDRESS TEL.PHONE z-_Zt 0 )'� LOCATION OF SIGN ( OFF i`}IzT S7`�Ca� �S . � - - - - • DRAWING - OR - ATTACHED • OR _ BLUEPRINT . - - - - - - - - - - - - - - - - - - - - - 0 • t IN J 7b00 �+ DATE ii2.LL Z3 / '1"77 SIGMA PLANNING BD : - ACTION - - - DATE - ( ) APPROVED BY - ( ) DENIED UNDER SEC . TOWN BD . . ACTION DATE ACT ION 2ND . PLANNING BD . ACTION _ DATE ATE OF APPEAL_____ 2ND . TOWN BD . ACTION DATE _ DATE OF HEARING — - - $ 25 . 00 ' DEPOSIT FOR ADVERTISEMENT OF HEARING . _. . _ yy, _ _ • 31W • 7 is �' ��5; ,s `. - �?F ` ." ".., " > T . ••5 "`4�9^`�• s •'Y b"... �� y " . .•r 5 - 4 "- . ��v } � _ hi - �`.• mnesa•_...a�.�rn �t3.=_'+'tYzT "�' _ - +a - - xy. •� x� h ,� �,;. r X61 -9• -5 �i}es •�` m1r�..t '2 r i h� _.w ' .c;. ... i• °`... -• z � t � OFT ART' STUDIOS ' 5 4 9 ~ 4• ' �.Yf'`.r Gu.<`a' YS ♦ : Ysay}�g». N ! L tlCa��..��.. dP\•.t Y ` T S *• *'?<' ys?'•A x=`'r`wv.ac "a 7 �'7rrC.�'> .t- � ,nR,, RMATION 7 , - •. ,.. o ''�"!� ,f' ,�.�_. ' + 607-27 DaNBY~ROAD , XV r r yam : u A/ .N Y , 14850 � . so 364 .1 r = -, p z �5�,- _ f � . .. 'DOLLARS . nt 1G =:TOMF5K1NS xT " R _COUNTY > . a - ✓ �' `#€ i ' • ,TRUST i` ' l r` •ao� +" .<; _. •. '" y, ;•>a r • �, t , r- r .< ^*. . . = COMPANY 4 r,. '-.� `> - c. ;.✓- '-r'- �. "4 ',I I ^IT\HACA 'N Y Y J. �. . "-k,• ' - _ y`" � +--> S Ldw p30 3 ■�Ip 5 L 34u■ t� y ,- t'"� �_ i � �,srs®rz,�..�-cam„•-»-•r ¢q•>� _,,...-a„ �, -+��r....•..:,M�- JI - 4 a�.. � �� <__ ..T.S �`" �• - +?' � �`Q'1:.: &..��' at+° r __t'.✓ -^H;y Ydµ�"'_"�.� .���_'✓s---„%• - 2".'!.'—Y.- .�a