HomeMy WebLinkAboutPB Minutes 1993-06-15TOWN OF ITHACA PLANNING BOARD
FILED
OF ITHACA
JUNE 15, 1993
The Town of Ithaca Planning Board met in regular session on
Tuesday, June 15, 1993, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia
Langhans, Herbert Finch, Candace Cornell, William Lesser,
James Ainslie, Stephen Smith, Dan Walker (Town Engineer),
Floyd Forman (Town Planner) , George Frantz (Assistant
Town Planner), John Barney (Town Attorney).
ALSO PRESENT: David Auble, Tom Overbaugh, Kathryn Wolf.
Chairperson Grigorov declared the meeting duly opened at 7:45
p.m. and accepted for the record the Clerk's Affidavit of Posting
and Publication of the Notice of Public Hearings in Town Hall and
the Ithaca Journal on June 8, 1993, and June 10, 1993,
respectively, together with the Secretary's Affidavit of Service by
Mail of said Notice upon the various neighbors of each of the
properties under discussion, as appropriate, upon the Clerks of the
City of Ithaca and the Town of Ithaca, upon the Tompkins County
® Commissioner of Planning, upon the NYS Dept of Transportation, upon
the Tompkins County Assessment Department, and upon the applicants
and /or agents, as appropriate, on June 10, 19930
Chairperson Grigorov read the Fire Exit Regulations to those
assembled, as required by the New York State Department of State,
Office of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD.
There were
no
persons
present to be heard. Chairperson
Grigorov closed
this
segment
of the meeting.
PUBLIC HEARING:
CONSIDERATION OF PRELIMINARY
AND
FINAL
SUBDIVISION APPROVAL
FOR THE PROPOSED SUBDIVISION OF
TOWN OF
ITHACA
TAX PARCEL NO. 6- 35- 1 -7.2, 78 +/- ACRES TOTAL, INTO TWO (2) LOTS,
64 +/- ACRES AND 14 +/- ACRES RESPECTIVELY, AND FURTHER,
CONSIDERATION OF SITE PLAN APPROVAL FOR THE PROPOSED EXPANSION OF
THE G.W. EHRHART BULK STORAGE FACILITY, AND DEVELOPMENT OF A RENTAL
STORAGE FACILITY IN TOWN OF ITHACA TAX PARCEL NO. 35 -1 -7.1 AND THE
14 +/- ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO. 35- 1 -7.2,
LOCATED AT THE INTERSECTION OF NYS RTE. 13 AND NYS RTE. 34/96,
LIGHT INDUSTRIAL DISTRICT. G.W. EHRHART, INC., APPLICANT;
TROWBRIDGE AND WOLF, LANDSCAPE ARCHITECTS, AGENT.
® Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 7 :47 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted
above.
R}
Town of Ithaca Planning Board June 15, 1993
Chairperson Grigorov stated that seven (7) Planning Board
members viewed the proposed sight.
Kathryn Wolf addressed the Board stating that the
owner /applicant is asking the Board for preliminary and final
subdivision approval for the 19 acre parcel. There is an active
ConRail line that runs along the eastern property line and the
Cayuga Inlet is located just beyond that. Property line stratles
the Town of Ithaca and the Town of Newfield. The proposed
development would occur only within the Town of Ithaca, the land
within the Town of Newfield will remain unchanged. Of the 19
acres, 14 acres are in the Town of Ithaca, and 5 acres are in the
Town of Newfield. Everything shown in the maps given to the Board
_(Exhibit #1 - "Phasing Plan ") is the portion of the 19 acre parcel
within the Town of Ithaca. Ms. Wolf stated that Mr. Overbaugh is
seeking preliminary and final subdivision approval in addition they
are seeking preliminary site plan approval -for the project as shown
on the map entitled "Phasing Plan, G.W. Ehrharti, Inc., Facilities
Expansion, Rt. 34 -96, Town of Ithaca, Tompkins County, New York ".
The reason for this project is that the two tanks) currently located
on the 1 acre of land owned by Mr. Overbalugh provides only 3 to 5
days storage of gas, if there is an extremely hard winter, it
becomes a problem to provide uninterrupted service to Ehrhart Gas
customers; as a result, they need to expand their facilities in
order to provide uninterrupted service to their',customers. There
is also an office space and a filling room in the building. This
development was built on its current location in 1951 and at that
time the office was located on this site. In 1973 the office and
retail functions were relocated to Trumansburg, however, they
continue to sell propane cylinders for grills as well as pressure
regulators on the 1 acre site. The site is zoned light industrial
and because the facility existed in 1951 and the light industrial
zoning came later, it is a legal non - conforming use. Because of
that, Mr. Overbaugh will have to get special, approval for the
expansion of the non - conforming use from the Zoning Board.
Board Member Robert Kenerson asked Ms. Wolf if that included
all of the land.
Ms. Wolf responded that the entire 19 acre parcel is zoned
light industrial.
Mr. Kenerson asked if there were any zoning changes involved.
Ms. Wolf stated that we have to get special approval for the
expansion of the gas storage, they are also proposing a rental
storage facility, Mr. Overbaugh would have to get a use variance
for that. Our understanding is that light industrial zone allows
only fabrication and assembly, so we are seeking 'a use variance for
the rental storage as well as special approval for the-expansion. is
2
® Town of Ithaca Planning Board June 15, 1993
So the approval for subdivision and site plan would be contingent
on receiving those approvals from the Zoning Board. We are
anticipating 3 phases. The first phase is to take the two existing
tanks which are an eyesore, sand blast them, repaint them, relocate
them, and install 4 new tanks. All tanks have to comply with the
codes that are specific to gas storage and handling.
Mr. Kenerson asked if all the tanks were above ground tanks.
Ms. Wolf stated that yes, all tanks are above ground. one of
the reasons the site is so attractive to the applicant for
development expansion is because of the active railroad line. He
can actually have the tanks filled from railroad cars, which would
reduce or eliminate truck traffic which would come in to fill the
tanks. And it gives them the opportunity to take advantage of the
market conditions; trucking goes up, they can go to the railroad;
railroad goes up they can use trucking; it allows more flexibility
that way. In addition to the new tanks and relocating the old
tanks, a 2,400 foot garage would be installed, currently trucks are
parked out in the open, and this would provide them with a garage
to park in as well as a small office area. There would be no new
employees on site as a result of Phase I. That is, Phase I, in
addition to the landscape screening that is shown on the site plan
map, Mr. Overbaugh is proposing additional evergreen trees. The
remainder of the area would be mowed once a year so that you have
a meadow or field like appearance, neat looking but not as groomed
as a lawn.
Board member Virginia Langhans asked Ms. Wolf if there was a
road that goes over to the tanks so that the trucks can go over an
fill up?
Ms. Wolf responded that the trucks would go to the loading
rack where there is a pipeline, so all of the unloading occurs from
the pipeline which attaches to all of the tanks. Trucks would
actually stop in the existing gravel lot. Mr. Overbaugh wants to
install railroad siding to allow railroad trucks to be dropped off,
we are showing an unloading riser for unloading from the railroad
cars. The open yard in the 1 acre space is currently used to store
tanks that are installed adjacent to peoples' houses for propane
gas and that function would continue to occur there.
Mr. Kenerson asked if they were stored outdoors?
Mr. Overbaugh responded that they would be stored outdoors,
these are 500 gallon tanks, they can not be stored inside.
Mr. Kenerson then asked if there needed to be a specific
® amount of space between each tank?
3
Town of Ithaca Planning Board June 15, 1993
Mr. Overbaugh responded that there is no distances required,
but we must buy them by the trailer load which is about 40 tanks.
Mr. Kenerson asked what Mr. Overbaugh anticipated in the way
of increasing the number of tanks stored for future expansion.
Mr. Overbaugh stated that moving the two 3¢,000 gallon tanks
would allow them to store more approximately 201additional tanks.
Board
member
Candace
Cornell asked Ms. Wolf to explain to the
Board what
upon the
Phase
II would
be.
Ms. Wolf stated that the intent is to be able to begin Phase
I immediately upon approval. Phase II would be the rental storage
facility. Phase II would happen approximately a year after
completing Phase I. Phase III could be as much as f ive years away.
We are proposing 26,000 square feet of rental storage, which would
be metal, probably gray or tan, a neutral tone. The doors would be
a neutral color also. The peak would be 14 feet high. The
buildings would not be facing the road, the end of the buildings
would be facing the road, but the series of doors would not.
Board member Candace Cornell asked how Mr. Overbaugh would be
advertising the storage units.
Mr. Overbaugh responded that he does not -have to advertise due
to the need for the units themselves.
Mr.
Overbaugh stated that John Babcock is
the
current owner
and he will
upon the
not sell anything less than the
119
acres, so Mr.
Overbaugh
has
to buy the whole parcel of land.
Mr.
Overbaugh does
not need
the
entire piece of land, but if he
has
to buy it, he
wants to
find
a way to help pay for the 19 acres
of
land.
Board
member
Candace Cornell
asked if the subdivision is
contingent
upon the
approval of the
site plan.
Mr. Overbaugh stated that Ms. Cornell's assumption is correct.
If he can not get approval for the site plan and the subdivision,
then he does not want the land.
Ms. Wolf stated that the light industrial zoning is very
limited, even though gas storage has a history of having no
problems and Mr. Overbaugh has never had any problems, he feels gas
storage is not a use that he would want to have a lot of people
around, he felt that this is one of the advantages of having the
site is that there are not a lot of people around. Mr. Overbaugh
considered what use he could put on his property that would not
have a lot of people on the site who might get into the gas tanks,
and he felt that that is a prudent thing to do.
4
• Town of Ithaca Planning Board
June 15, 1993
Board member Candace Cornell asked Mr. Overbaugh how often a
tank explodes.
Mr. Overbaugh responded that the last explosion that occurred
in the United States was 25 or 26 years ago. The reason he knew
that is because he is the Chairman of the Education and Safety
Committee for New York State Propane Gas.
Board member Candace Cornell
is not a problem because propane
you have the problem of people.
work?
stated that potential pollutants
is totally volatile, except then
Where are the 16 people going to
Ms. Wolf responded 7 are truck drivers. Phase III is to build
a second garage, relocate the first garage facility into the new
garage, convert the old garage to the office, relocate the office
from Trumansburg to the site here in Ithaca and there will be 5
employees in the office, plus 7 truck drivers and in the summer
they have 4 seasonal employees.
Board member Candace Cornell asked what the seasonal workers
do?
Ms. Wolf stated that they paint and do maintenance work on
tanks. The office building is 2,400 square feet and the garage is
7,200 square feet. The relocation of the office to the site and
the construction of the second garage would be Phase .III; about
five years down the road.
Ms. Cornell asked how many employees are on site during the
day currently?
Mr. Overbaugh responded that during the week there are three
drivers that report in the morning and show up at night. There
could be as many as six people there depending on what needs to be
done.
Board member Robert Kenerson asked if there were some sort of
fencing?
Ms. Wolf responded that the storage facility would have chain
link fence surrounding it. They had not yet determined how to
control the access at this point, but it would be controlled.
Mr. Kenerson asked if the fence would be more than three feet
high.
Mr. Overbaugh stated that the fence would be about six feet
® high since that is what the ordinance calls for. There is
currently fencing around the 1 acre parcel. What would happen is a
5
Town of Ithaca Planning Board June 15, 1993 •
new fence would be installed from the back corner of the office
building and extend all of the way down enclosing everything except
the office building, the garage, and the railway entrance. The
riser must be operated from the inside. Mr. Overbaugh stated that
according to regulations, a fence is not needed around the tanks in
storage at all.
Ms. Cornell asked that since the area is located near the 100
year flood plain and the 150 year flood plain. Would there be any
problems with flooding? Ms. Cornell then'asked'if there were a 100
year flood, would there be a problem with the storage buildings'
location.
Ms. Wolf stated that the storage facilities will be built up
off some from the ground.
Board member James Ainslie asked if the area where the storage
buildings are being proposed currently have sweet corn growing
there, he seems to remember this being an unusually dry piece of
land.
Mr. Overbaugh responded that there is sweet corn growing on
the outside field. The field was plowed and planted before the
middle of May this year, so you know that must be a well- drained
area. 0
Ms. Wolf added that the area which will hold the rental
storage units will probably continue to be ',farmed since Mr.
Overbaugh has no plans for the space at the current time, until the
maintenance facility is put in. If the area is not farmed, then it
will have the appearance of a field, not a manicured look of a
lawn.
Mr. Kenerson asked that Ms. Wolf review the lighting intended
for the site.
Mr. Overbaugh responded that there will be�only enough light
for security purposes.
Mr. Kenerson asked if there would be the lighting around the
existing buildings where there will be controlsland truck loading
and not so much on the storage areas.
Mr. Overbaugh stated that as far as the gas plant, he would
put a bright light in the areas where the transport trucks come in
to load and unload because we allow them to comein and deliver at
night time.
0
I
0
® Town of Ithaca Planning Board June 15, 1993
n
r�L
Board member Virginia Langhans stated that the rental units
would have to have lights over them so that if people come in at
night so that they can see.
Mr. Overbaugh stated that there will not be lighting inside
the individual units.
Town Planner Floyd Forman stated that there is a security
issue involved with the lighting.
Mr. Overbaugh stated that he would prefer not to have trees
planted in the area by the storage units at all for the simple
reason that people would feel uncomfortable in there with limited
lighting in the evening.
Ms. Cornell asked if Mr. Overbaugh could regulate it by having
the units open only during business hours.
Ms. Langhans responded that they had a storage unit and they
used to go in the evenings, when else can someone go who has to
work during the daytime. The normal is 24 hour access. Ms.
Langhans added that there could be building mounted lighting, or
motion sensitive lighting that could come on when people drove in.
Board member Stephen Smith stated that the driveways do not go
all the way around the buildings. Is that better than actually
making the driveway narrower and going all the way around the
buildings for easier access to and from the units?
Ms. Wolf stated that the width of the units is 30 feet, which
allows passing and "K" turns.
Mr. Kenerson asked if public utilities were available.
Ms. Wolf stated that there is electric, but there is no need
for additional water or sewer.
Ms. Cornell asked if Ms. Wolf was sure that Mr.: Overbaugh
would not have to expand the septic? Also, what is the variability
range of the water table?
Ms. Wolf responded no, there will be
the office, so there should be no reason to
The water table is deeper than three feet
survey.
only f ive
expand for
according
employees in
five people.
to the soil
Town Engineer Dan Walker stated that there would not be any
problem with the water.
7
Town of Ithaca Planning Board
June 15, 1993
Board member Candace Corenll stated', that -the Environmental
Review Committee reviewed this site as per the memorandum given to
the Board (Hereto attached s x ;bit 1. The visual impact was
a concern to the Committee, a neutral color helps with that
concern, but the Committee felt that the project would have a
severe visual impact as you come down Route 13 entering the Town of
Ithaca, especially for tourists going to the park. Screening is
very important for that reason. The NYS Office of Parks &
Recreation, Historic Preservation agreed that screening is very
important for that reason. They suggested an additional screening
of native plants, and a 20 foot buffer to the North of the
facility.
Assistant Town Planner George Frantz suggested that they set
a 20 foot buffer of 'natural vegetation in the open area as
screening.
Mr. Overbaugh stated that Mr. Frantz suggestion was agreeable
to him as natural vegetation.
Ms. Wolf stated that the buffer being discussed would also be
naturally appealing.
Ms. Cornell passed around photographs of the facility and site
being discussed to emphasize her point of visual impact. There is
also a small amount of wet land near tank storage and also near the
railroad tracks, close to where the tank storage would-be.
Ms. Wolf stated that they acknowledges the; existence of the
wetlands, but the location of the wetlands does not effect the site
plan .
Ms. Cornell asked what foundation the storage tanks would be
on for safety.
Mr. Overbaugh responded that they are on concrete piers.
Board member William Lesser-asked Mr. Overbaugh to tell the
Board about the use of the showroom in Phase III.
Mr. Overbaugh stated that in Phase III the showroom would
probably be identical to the small showroom in
cater strictly to their own customers. There ar
heaters, fittings and things that are on display
there are probably 5 or 6 customers that come in
are conducted there.
Mr. Lesser stated that there is another use
sales.
.umansburg. They
5 stoves, 5 or 6
On the average,
er day, and sales
which is retail
•
•
® Town of Ithaca Planning Board June 15, 1993
Board member Herbert Finch asked how the change in Mr.
Overbaugh's operation would benefit the people of the Town of
Ithaca?
0
.7
Mr. Overbaugh stated that Ehrhart Gas does service some of the
Town of Ithaca. They also service a 7 city area. The problem is
that they can only store a 3 to 5 day supply of gas. The benefit
to this expansion would be more stable prices and a steady, secure,
uninterrupted supply of services. The pipeline that comes up from
Texas is unwilling to invest any more money into increasing the
capacity of the pipeline. This year the pipeline was on a 700
allocation for 8 weeks. During that time Mr. Overbaugh had to go
to Canada to buy gas and it cost more money. The benefit to the
customers he has within the Town of Ithaca and his other customers
is that he will have a more stable price and a more reliable supply
Ms. Cornell asked where the pipeline was located.
Mr. Overbaugh responded that the pipeline went from Bellevue,
Texas to Watkins Glen.
Mr. Ainslie asked where the rail cars would be filled. If the
rail cars are used, it would keep the trucks off the roads.
Mr. Overbaugh responded that they would be filled out of the
state.
Mr.
Finch asked if
the facility
was approved and built, how
many days
supply would
you then
be able to hold?
Mr.
Overbaugh responded that
he would be
able to hold a 20 to
30 days
supply without additional
deliveries
during that time.
Town Engineer Dan Walker stated that he had spoken with both
the surveyor and the applicant and because of the steepness of the
slope above the parcel shown, and the natural landmark at the
railroad tracks, highway, and the stream, he suggested that as long
as the Town of Ithaca has copies of the tax maps showing the
related parcels that a meets and bounds survey of the entire parcel
could be waived at this point, because the Board can see what the
impact would be. The location maps that the applicants provided
adequately locates that.
Mr. Kenerson stated that for the record the Board followed
procedures.
Chairperson Grigorov asked if there would be any possible
impact to the stream located on this parcel.
9
Town of Ithaca Planning Board June 15, 1993
Town Engineer Dan Walker stated that the inlet is on the other
side of the railroad tracks which prevents the stream from getting
onto this parcel.
Mr. Kenerson asked if there is a right -of -way through John
Babcock kIs property by the railroad. Ms. Wolf stated that the right
of way splits the property.
Town Engineer Dan Walker stated that the drainage plans shows
run off flows in shallow open ditch -type drainage; which will outlet
into the meadow on the North East corner of the Parcel, which would
be considered a non -point discharge.
Board member Virginia Langhans asked what effect the new
intersection that is being put in at Route 13 North and Route 96.
Ms. Wolf responded that the entrance to the rental storage
facility was sited at that location to agree with the roadway.
Board member Candace Cornell asked if there was an overpass.
Town Engineer
overpass Route 96
Mr. Overbaugh
put rail siding in
Dan Walker stated that Route 13 Northbound would
Southbound.
stated that one of the reasons he would like to
is to reduce the large,truck'traffic.
Board member Virginia Langhans asked Mr. Overbaugh how the new
intersection would effect the access for the trucks making
deliveries to Ehrhart Gas.
Mr. Overbaugh responded that he did, not know, he felt that
they main inconvenience would be during ;the winter season. Mr.
Overbaugh wanted to stress that the reason for building rental
storage units is to pay for the land.
Chairperson Grigorov stated that the Parks Commission suggests
that the Board ask for a Conservation Easement on the proposed
North lot of the plan.
Ms. Wolf stated that Mr. Overbaugh had no plans for the North
lot beyond the rental storage spaces.
Town Engineer stated that according to zoning requirements,
there must be a 60 foot set back from thejside yard.
•
BE
0 Town of Ithaca Planning Board June 15, 1993
n
Board member William Lesser stated that with regards to this
proposal, he has no problem with Phase I, the expansion of the
storage facility, but Phase II and III looks like sprawl. We are
talking about commercial activities, a retail store, and business
activities. Mr. Lesser felt that the area should be rezoned first.
Assistant Town Planner George Frantz stated that he had given
the issue a lot of thought and the space is zoned light industrial,
the propane gas storage is an activity that is appropriate. The
mini - warehouses are not allowed under the light industrial
district, but it is the most suitable district in the Town of
Ithaca for the mini - warehouses, primarily because of the setbacks
which are not in Commercial zones. If he were the Town Planner he
would have not only recommended approval for this project, but also
recommended a resolution to the Town Board stating that the zoning
ordinance should be changed to allow the mini - warehouses.
Mr. Kenerson stated -that the Board must go with the zoning
that is there now.
Town Attorney John Barney stated that if Mr. Overbaugh wanted
to expand dramatically by putting in a display room or show room,
that would clearly be an enlargement of a non - conforming use, which
would require a special approval from the Zoning Board of Appeals.
Assistant Town Planner George Frantz stated that Mr. Overbaugh
can sell appliances related to his business.
Town Attorney John Barney stated that retail sales are not
automatically permitted as an accessory use in the Light Industrial
Zone.
Board member Candace Cornell stated that she felt that the
expansion of the propane facility would be valuable with a low
impact on the community. Ms. Cornell stated that she felt that
there would be a need for a rental storage facility in the Town of
Ithaca, there is doubt that this is the proper location for such a
facility.
Mr. Overbaugh responded that he wanted a business that does
not generate a lot of people, but that used the rest of the land.
Ms. Cornell stated that according to the Anticipated Land Use
Patterns Map in the Comprehensive Plan, the parcel has a lot of
value to the community as recreational /conservational open space.
Mr. Overbaugh responded that what is wanted is something to
pay for the land.
11
Town of Ithaca Planning Board June 15, 1993
Board member William Lesser stated that although he understood
Mr. Overbaugh's position, but he needs to realize his need to pay
for the land is not reason to approve. k
Assistant Town Planner George
Overbaugh's location is strategically
storage facility, and there would
residential and business districts in
state Department of Transportation
pedestrian underpass under the EnfieR
Lakes Trail, they are also going to be
for pedestrian and bicycles under
Turback's.
Frantz !stated that Mr.
located, there is a need for
be no conflict between
the Town of Ithaca. T h e
is proposing to build a
l Creek bridge or the Finger
building a larger underpass
the! bridge just south of
Ms. Wolf asked the Board if the site plan is, not approved, and
the subdivision is final and approved, can Mr. verbaugh withdraw
his subdivision request.
Town Attorney John Barney responded that Mr. Overbaugh is not
locked into anything, yes withdrawal is permitted.
Mr. Frantz stated for the record, that the Town of Newfield
was notified of this project, the Board is acting for the Town of
Ithaca only. 0
There appearing to be no further ,discussion, Chairperson
Grigorov asked if anyone were prepared to', offer a motion.
MOTION by Robert Kenerson, seconded by Caindace Cornell:
b.I.Tl 4 ;
1. This action is the Cons
Subdivision Approval for
Ithaca Tax Parcel No. 6 -3
(2 ) lots, 64 +/- acres and
the intersection of NYS
Industrial District, and
ideration o;f Preliminary and Final
the proposed subdivision of Town of
5- 1 -7.21 78 +/- acres total, into two
14 +/- acres! respectively, located at
Rte. 13 and NYS Rte. 34/96, Light
2. This is an Unlisted Action for which the Town of Ithaca
Planning is legislatively determined to act; as Lead Agency in
environmental review with respect to Subdivision Approval, and
3. The Planning Board, at a Public Hearing held on June 15, 1993,
has reviewed and accepted as adequate the Short Environmental
Assessment Form Part I prepared by the applicant, a Part II
prepared by the Town planning staiff, asubdivision plat
entitled "Preliminary Subdivision Map Showing a Portion of
Lands of John Butler Babcock LocatedlEast of NYS Rtes 34 & 96
and West of Lehigh Valley Railroad (Formerly), Towns of
12
Town of Ithaca Planning Board June 15,
Ithaca and Newfield, Tompkins County, NY" prepared by
Miller, P.C., dated September 1980 and amended June 4,
and other application materials, and
4. The Town planning staff has recommended a negative
determination of environmental significance with respect to
the proposed action, as proposed;
1993
T.G.
1993,
NOW, THEREFORE, BE IT RESOLVED:
That the
negative
accordance
Review Ac
therefore,
required.
Aye _ Grigorov,
Ainslie,
Nay ° None.
Town of Ithaca Planning Board hereby makes a
determination of environmental significance in
with the New York State Environmental Quality
Act for the above reference action as proposed and,
an Environmental Impact Statement will not be
Kenerson, Langhans, Finch, Cornell, Lesser,
Smith.
The MOTION was declared to be carried unanimously.
MOTION by William Lesser, seconded by Herbert Finch.
WHEREAS.
10 This action is the Consideration of Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcel No. 6- 35- 1 -7.2, 78 +/- acres total, into two
(2) lots, 64 +/- acres and 14 +/- acres respectively, located. at
the intersection of NYS Rte. 13 and NYS Rte. 34/96, Light
Industrial District, and
2. The Planning Board, at a Public Hearing held on June 15, 1993,
has reviewed and accepted as adequate the Short Environmental
Assessment Form Part I prepared by the applicant, a Part II
prepared by the Town planning staff, a subdivision plat
entitled "Preliminary Subdivision Map Showing a Portion of
Lands of John Butler Babcock Located East of NYS Rtes 34 & 96
and West of Lehigh Valley Railroad (Formerly), Towns of Ithaca
and Newfield, Tompkins County, NY" prepared by T.G. Miller,
P.C., dated September 1980 and amended June 4, 1993, and other
application materials, and
39 This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as lead agency in environmental review
with respect to Subdivision Approval, has, on June 15, 1993,
made a negative determination of environmental significance.
13
Town of Ithaca Planning Board
NOW, THEREFORE, BE IT RESOLVED:
June 15, 1993
16 That the Town of Ithaca Planning Board hereby waives certain
requirements for Final Subdivision Approval, as shown on the
Final Subdivision Checklist, having determined from the
materials presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control
nor the policies enunciated or implied by the Town Board.
2. That the Planning Board hereby grants Final Subdivision
Approval for the proposed subdivision of Town of Ithaca Tax
Parcel No. 6- 35- 1-7.2,'78+/- acres total, into two (2) lots,
64 +/- acres and 14 +/- acres respectively, located at the
intersection of NYS Rte. 13 and NYS Rte. 34/96, as shown on
the subdivision plat entitled "Preliminary Subdivision Map
Showing a Portion of Lands of John Butler Babcock Located East
of NYS Rtes 34 & 96 and West of Lehig] Valley Railroad
(Formerly), Towns of Ithaca and Newfield, Tompkins County, NY"
prepared by T.G. Miller, P.C., dated September 1980 and
amended June 4, 1993, subject to the 'Condition that the newly
subdivided 14 acre parcel be consolidated ;with the existing
parcel Number 35 -1 -7.1 shown as the G1W. Ehrhart parcel on the
Preliminary Subdivision Map.
Aye - Grigorov, Kenerson, Langhans, Finch, Cornell, Lesser,
Ainslie, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Assistant Town Planner George Frantz addressed the Board with
a point of interest stating that the Final! Plat Revision Checklist
on page 4, the Board does have the owner certificate, so it should
be changed from a condition to a check mark, and page 5, the Tax
and Assessment Certificate is on file, the taxes are paid so that
should be a check mark also.
MOTION by Robert Kenerson,
seconded by Virginia Langhans:
16 This action is the consideration of Preliminary Site Plan
Approval and a Recommendation to theiZoning Board of Appeals
for the proposed expansion of the G.W. Ehrhart Bulk Storage
Facility, and development of a rental ',storage facility on Town
of Ithaca Tax Parcel No. 35- 1 -7.2, located at the intersection
of NYS Rte. 13 and NYS Rte. 34/96, Light Industrial District,
and
14
El
•
E
® Town of Ithaca Planning Board June 15, 1993
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board is legislatively determined to act as Lead
Agency in environmental review with respect to Site Plan
Approval, and
3. The Planning Board, at a Public Hearing held on June 15, 1993,
has reviewed the Long Environmental Assessment Form Part I
prepared by the applicant, a Part II and Part III with the
recommendation for a negative determination of environmental
significance prepared by the Town planning staff, a site plan
entitled "Site Plan, G.W. Ehrhart, Inc., Facilities Expansion,
Rt. 34 -96, Town of Ithaca, Tompkins County, New York" prepared
by Trowbridge and Wolf Landscape Architects, dated May 6,
1993, and revised June 9, 1993, and other application
material, and
4. The Town planning staff has recommended a negative
determination of environmental significance with respect to
the proposed action, as proposed;
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative
determination of environmental significance in accordance with the
New York State Environmental Quality Review Act for the above
reference action as proposed and, therefore, an Environmental
Impact Statement will not be required.
Aye - Grigorov, Kenerson, Langhans, Finch, Cornell, Ainslie, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Virginia Langhans,
seconded by Robert Kenerson:
1. This action is the consideration of Preliminary Site Plan
Approval and a Recommendation to the Zoning Board of Appeals
for the proposed expansion of the G.W. Ehrhart Bulk Storage
Facility, and development of a rental storage facility on Town
of Ithaca Tax Parcel No. 35 -1 -7.1 and the 14 +/- acre portion
of the Town of Ithaca Tax Parcel No. 35- 1 -7.2, located at the
intersection of NYS Rte. 13 and NYS Rte. 34/96, Light
Industrial District, and
2. The Planning Board, at a Public Hearing held on June 15, 1993,
has reviewed the Long Environmental Assessment Form Part I
® prepared by the applicant, a Part II and Part III with a
recommendation for a negative determination of environmental
15
Town of Ithaca Planning Board
significance prepared by
entitled "Site Plan, G.W.
Rt. 34 -96, town of Ithaca
by Trowbridge and Wolf
1993, and revised Jun(
materials, and
the Town pl
Ehrhart, In
Tompkins c
Landscape P
9, 1993,
June 15, 1993
aning staff, a site plan
., Facilities Expansion,
unty, New York" prepared
'chitects, dated May 6,
and other application
39 This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as Lead Agency in environmental review
with respect to site plan approval,; has, on June 15, 1993,
made a negative determination of environmental significance.
• is : • • �
16 That the Town of Ithaca Planning Board hereby waives certain
requirements for Preliminary Site Plan Approval, as shown on
the Preliminary Site Plan Checklist; having determined from
the materials presented that such waiver will not result in
neither a significant alteration of the purpose of site plan
control nor the policies enunciatedlor implied by the Town
Board, and
2. That the Planning Board hereby grants Preliminary Site Plan
Approval to the site plan entitled "Site Plan, G.W. Ehrhart,
Inc., Facilities Expansion, Rt. 34 -96, Town of Ithaca,
Tompkins County, "New York" prepared by Trowbridge and Wolf
Landscape Architects, dated May 6, 1993, and revised June 9,
1993, subject to the following conditions:
a. The granting by the Town of Ithaca Zoning Board of
Appeals of Special Approval for the proposed expansion of
the
existing
gas storage facilitlies, including
expansion
of
the showroom facilities on construction of
a garage
and
office
space, and a u'se variance
to allow
construction
of the proposed expansion of the
existing
gas
storage
facilities on construction of a garage and
office
space,
and a use variance to allow construction of
the
proposed
self- storage
warehouse
complex;
b. Submission to the Town Building and Zoning Department of
copies of all necessary permits from County, state,
and /or federal agencies prior to the issuance of any
building permit;
c. Approval by the Town Planner of a revised site plan
showing additional juniper trees in, the buffer area
between the new propane storage tanks and NYS Rte. 34/96,
and showing a twenty ( 20 ) foot wide "no cut" buffer along
the northerly boundary of the property, to be comprised
of native shrubs normally associated with old field
16
El
® Town of Ithaca Planning Board
forest and brush conditions,
cutting prior to issuance
Phase II;
June 15, 1993
to
be
established by ceasing
and approval by the
of
any
building permits
for
d. Revision of the site plan to show any fire and other
emergency zones as may be required under applicable State
and Federal regulations;
e. Submission to the Town Planning Department of an original
or mylar copy of the final site plan prior to issuance of
any building permit,
f. Submission
to
and approval by the
Town
Engineer
and Town
Planner
of
a
proposed lighting
plan
showing
adequate
lighting for security purposed of the proposed self,,,
storage area;
g. Submission of a revised site plan showing an additional
area 210 feet by 230 feet adjacent to the north line of
the proposed self- storage area, to be denominated
"possible area for future development" and showing the
Phase III conversion of the garage area to not only
office, but possible retail sales;
® h. That there be no development (except for construction of
any new access required by relocation of the state road)
outside the areas of Phase I. Phase II, and Phase III and
possible Area For Future Development;
11,
i. Any retail sales to be limited to propane sales or
accessories to propane sales.
1. That the Planning Board, in making recommendation to the
Zoning Board of Appeals, determine and hereby does determine
the following:
a. there is a need for the proposed use in the proposed
location, as demonstrated by the applicant;
be the existing and probable future character of the
neighborhood will not be adversely affected as a result
of the proposed projects
C* the specific proposed change in land use as a result of
the proposed project is in accordance with the
comprehensive plan of development for the Town of Ithaca.
17
Town of Ithaca Planning Board June 15, 1993
2. That the Planning Board reports to the Zoning Board of Appeals
its recommendation that the aforementioned request for Special
Approval be approved, subject to the conditions set forth
above.
Aye - Grigorov, Kenerson, Langhans, Finch, Cornell, Lesser,
Ainslie, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Board member William Lesser stated that the Board should ask
that the land not be developed any further than what is proposed in
the project plans, Phase I, II, and III.
Candace Cornell stated that the Parks Department proposed that
the Town receive a Conservation Easement that protects the
management of the proposed meadow area to the North in exchange for
the value gained by Mr. Overbaugh.
Ms. Wolf asked the Board what that meant.
Town Attorney John Barney responded that Mr. Overbaugh would
not be able to develop that land. I 1 0
Mr. Overbaugh responded that the reason for the vacant space
in his proposed plan was so that it may be used some day.
Board member James Ainslie stated that Phase III would
unfairly tie up the land.
Assistant Planner George Frantz stated that it would be in the
rights of the Town to rezone this area into something other than
light industrial, which could happen within the next couple of
years.
Town Planner Floyd Forman asked Mr.1 Overbaugh if he would
concur with the Conservation easement suggestion.
Mr. Overbaugh stated that he would not concur at this
particular time, although he does not have any plans for that
space, he does not want to be restricted with his property.
Board member Herbert Finch stated that he was not willing to
try to make Mr. Overbaugh give the conservation easement on his
property. Mr. Finch also stated that he does not wish to
jeopardize the Comprehensive Plan.
Town Planner Floyd Forman stated that asking for an easement
would not jeopardize the Comprehensive Plan.
18
• Town of Ithaca Planning Board June 15, 1993
Board member William Lesser asked Mr. Finch if he thought that
the Town should get something in return for granting value to the
land owner.
Mr. Finch responded that he felt that there is a tax
enhancement, at least the value of the tanks and the value of the
additional property within an approved area.
Board member Virginia Langhans stated that there is a very low
impact with the storage facilities with a very low cost of services
as proposed.
Town Planner Floyd Forman stated that any deviation from the
current site plan must be brought back to the Board for future
approval.
Town Attorney John Barney stated that the Board could restrict
the amount of land that would be allowed for future development or
improvements, by approving the site plan with a percentage of
improvements that would be allowed. This could be done by adding a
condition to insure that the open space at that end of the parcel
is protected.
Ms. Wolf stated the Mr. Overbaugh needed to determine how much
land he needs to make anything at all worth while, because
otherwise it is meaningless to put a number on it if all that would
be left can not be used because it is so small.
Town Planner Floyd Forman stated that when the state takes
land from Mr. Overbaugh, there would be a setback of 150 feet from
the State's right -of -way.
Mr. Overbaugh responded that the work that the state will be
doing will not take very much land from the northern corner of the
land.
Ms. Wolf and Mr. Overbaugh requested a break for 15 minutes or
so to discuss their options.
At this point, the Public Hearing in the matter of G.W.
Ehrhart, Inc. Subdivision and Site Plan Approval was adjourned at
10:05 p.m. to allow time for discussion between the applicant and
his agent.
AGENDA ITEM: REPORT OF THE TOWN PLANNER
Town Planner Floyd Forman addressed the Board stating that the
planning staff is making improvements on the blobby map with Mr.
Lesser's suggestions. The Planning staff will try to overlay Mr.
®
Lesser's suggestions with the map that was already prepared.
19
Town of Ithaca Planning Board June 15, 1993
Mr. Forman continued by stating that he hoped to finish is
Chapter 4 of the Comprehensive Plan. Mr. Forman also asked the
Board about changing the dates of the Planning Board meeting from
July 6, 1993 to June 29, 1993 due to thelholiday.
Chairperson Grigorov stated that thelmeeting for July 6, 1993
is a regularly scheduled meeting.
The Board decided that there would be a regular session
meeting held on June 29, 1993, and a Comprehensive Plan meeting on
July 13, 19930
Chairperson Grigorov stated that she had a letter from the
West Hill Civic Association about the IComprehensive Plan with
regards to West Hill. They are concerned with not having a school
in the area. (Hereto attached as Exhibit) #3)
Board member William Lesser responded thata lack a of school
in the West Hill area should not be a fundamental consideration of
development of that area.
AGENDA ITEM: OTHER BUSINESS.
Board member William Lesser addressed the Board stating that
the map that he prepared for the Comprehensive Plan shows very few
areas in the future with substantial expansion within the Town of
Ithaca.
PUBLIC HEARING. CONSIDERATION OF
SUBDIVISION APPROVAL FOR THE PROPOSED SUBS
TAX PARCEL NO. 6- 35- 1 -7.2, 87 +/- ACRES T,
64 +/- ACRES AND 14 +/- ACRES RESPE
CONSIDERATION OF SITE PLAN APPROVAL FOR 7
THE G.W. EHRHART BULK STORAGE FACILITY, AN
STORAGE FACILITY IN TOWN OF ITHACA TAX PAl
14 +/- ACRE PORTION OF TOWN OF ITHACA T
LOCATED AT THE INTERSECTION OF NYS RTE.
LIGHT INDUSTRIAL DISTRICT. G.W. EHP
TROWBRIDGE AND WOLF, LANDSCAPE ARCHITECTS
FURTHER nTSCTTSSTON
sTTBnIVISTON APPROVAL.
N�
CHATRPRPsnm
Ms. Wolf addressed the Board with a
and Ms. Wolf stated that a parcel 230 fee
the North corner of current rental storag
"space for future development ". This prof
of set back and /or buffer space.
20
ZELIMI NARY AND FINAL
VISION OF TOWN OF ITHACA
SAL, INTO TWO (2) LOTS,
TIVELY, AND FURTHER,
E PROPOSED EXPANSION OF
DEVELOPMENT OF A RENTAL
:EL NO. 35 -1 -7.1 AND THE
K PARCEL NO. 35- 1 -7.2,
13 AND NYS RTE. 34996,
ART, INC., APPLICANT;
PUBLIC
►roposal. Mr. Overbaugh
by 210 feet attached to
buildings, to be titled
sal would provide plenty
0
r1
\J
0
Town of Ithaca Planning Board
June 15, 1993
Town Attorney John Barney stated that Ms. Wolf would need to
show the 230 foot by 210 foot lot as "possible future development"
and then the Town's resolution could read that no development
outside the proposed site plan would be permissible.
Ms. Wolf asked the Board if the north end of the lot could
continue to be farmed.
Chairperson Grigorov responded that it could be farmed until
Phase II is built.
Board member Candace Cornell stated that the 20 foot buffer
would be started at the beginning of Phase II.
Town Planner Floyd Forman stated that Mr. Overbaugh must go
before the Zoning Board of Appeals for a variance, then bring the
revised Site Plan back to the Board for Final Approval.
There appearing to be no further discussion, Chairperson
Grigorov called for a vote.
Aye - Grigorov, Kenerson, Langhans, Finch, Cornell, Lesser,
Ainslie, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
ADJOURNMENT
Upon the Motion, Chairperson Grigorov declared the June 15,
1993 meeting of the Town of Ithaca Planning Board duly adjourned at
10:45 p.m.
Respectfully submitted,
StarrRae Hays, Recording Secretary
Town of Ithaca Planning Board
21
e
�6
d�
1p
IN
At I
1 • Sri T
op
W t 1
M
1 w A•�
w 1
\ F 1 04
� 11
1\1 1111 /+ ` ` • ` , / ... �{
` / 1
400
Air
111 ` / /(•� ..�,,�/ , / /
jr yQ
if 4�'
Cu
it
1` I � � �� 3 fie• # b'� � pyj` �
w�
ri
4#
El
H
H
�e
o I
1 fir/ r� /^'
^ �+
V/
q< o
C7 P, p4F-4
all
WOOL
/ K
�/ � � �, •i p C �� �� I rah � � ��
C yygey
1 I:
1 1
1!t • • e pp
_ wV� obi Bti4��y Y
di
<b ��
1 glib /
0
•
n
u
MEMORANDUM
TO: Town Planning Board and Floyd Forman, Town Planner
FROM: Environmental Review Committee
RE: EPIC REPORT: Ehrhart Facility
DATE: June 9, 1993
The Environmental Review Committee has carefully reviewed the proposal materials provided
and visited the site in question. The committee would like to bring to your attention the
following questions and comments regarding the Full Environmental Assessment Form:
I. The ERC's primary concern is the potential for the proposed facility to jeopardize the
water quality of the contiguous wetland and Inlet.
Part A. question 8. The water table is described as variable. Is there an established range for
the water table in this area? This information is necessary for further decision making
regarding potential point source pollution and enlarging the septic system.
Pa_ rt A.question 9. An aquifer could exist in this area. Has this possibility been thoroughly
investigated? Construction should be discourage or modified if indeed an important aquifer
exists in the area.
Part A. questions 15 and 16. The Department of Environmental Conservation's definition of
"contiguous" to a project site refers to protected adjacent areas within 100 feet of a wetland or
stream. Since the wetland and the Cayuga Inlet are within 100 feet of the project site, the DEC
should be contacted regarding any necessary permits.
The Cayuga Inlet is a Class C stream and regulated for point- source poilition. The wetland
follows the hydric soils patterns in alluvial lands and Wayland/Sloan silts within the Town and
throughout the property in the Town of Newfield. Another hydric soil, Eel silt loam, is
currently plowed.)
Part B. question 12. It is important that the facility's storm water runoff plan prevents or
minimizes pollution of the wetland and Inlet. Special attention should be given to runoff from
the paved surfaces and maintenance areas of the facility.
Part B: question 13. Kathryn Wolf, of Towbridge and Wolf, estimates 16 people will be
employed by the expanded facility. The existing septic system may need expansion to meet the
increased demand. Determination of the water table level will be necessary for a septic field
expansion.
Part B. question 25. Additional approval might be required from the Army Corps of Engineers
and the DEC if the project is perceived to impact the stream or wetland.
[is The ERC recommends mitigation measures be taken to reduce the negative visual impact
to the surrounding area.
EXHIBIT #2
O
•
page 2 FINAL ERC REPORT: Ehrhart Facility 6/9/93
Part B. question 14_ The site does not include scenic views know to be important to the
community. However, the proposed facility will have a visual impact on the surrounding park
and agricultural area. This site is in close proximity to the entrance of Robert Treman State
Park and will be the initial view visitors traveling north will have of the Town. We question if
this visual impact will decrease tourism and revenues for the community.
We recommend complete screenin of the facility witht at least two rows3of trees be planted on
three sides of the facility (except the eastern side along the railroad tracks) to block the view of
the facility. We urge the Planning Board to require building materials of neutral colors
throughout the facility. Although plans for the storage buildings specify the color tan, it does
not state the color of the doors. Traditionally, storage facilities of, this type have bright colors,
such as orange, for increased visibility.
III. The importance of encouraging maintenance of the Cayuga Inlet in a natural state.
Preserving the natural environment of the Cayuga Inlet is vital to the water quality and wildlife
of the stream corridor and its associated wetlands. Corridors such as this allow species to
migrate and prevent decreases in species density and diversity in our area. This stream
corridor connects Buttermilk Falls State Park, Lick Brook (owned by the Finger Lakes Land
Trust), Robert Treman State Park, and open lands in the adjacent Town of Newfield.
y
•
J
[J
Ms. Caroline Grigorov, Chair
Town of Ithaca Planning Board
126 Bast Seneca Street
Ithaca, New York 14850
Dear Caroline:
The West Hill Civic Association at its
7 discussed aspects of the draft Town
Plan related to West Hill,
522 Chestnut Street
Ithaca, NY 14850
June 14, 1993
annual meeting on June
of Ithaca Comprehensive
An issue of particular concern to Association members was the
statement "elementary school services might need expansion"
under the list of disadvantages of development on West Hill on
p.IV -6.
The consensus of the meeting attendees, which included two
members of the Ithaca City School District Board, was that the
premise may not be an accurate one. The elementary school
facilities ' the Ithaca City School District at this time
appear toaaequate. The Association believes that more
demographic study should be completed before the Town of
Ithaca bases its important land use decisions on the adequacy
of elementary school facilities.
We also wish to point out to the Town of Ithaca Planning Board
that it is the longstanding desire on the part of West Hill
residents, both in the City and the Town, that they once again
have an elementary school on West Hill. Since the closure of
the West Hill Elementary School in a District retrenchment in
the seventies our children have been bussed across Ithaca to
the Cayuga Heights School. We believe that a new elementary
school on West Hill would be an advantage, not a disadvantage..
to residents of the area.
New residential development on West Hill in the Town of Ithaca
may encourage the Ithaca City School District to consider a
new school on West Hill, instead of adding on to another
school elsewhere in the system. Such a facility would greatly
enhance both the quality of life on West Hill, and the quality
of our childrens, educational experience.
EXHIBIT #3
c,-. . ._
p
^ n .
!he West Hill Civic Association commands the Town of Ithaca
for its efforts in planning for the future.
�� "� • _ • • ;t 777.7
o
zel;9 a �r
Zisa Ambegaokar ig ov, Presid
West Hill Civic - soczation