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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