HomeMy WebLinkAboutPB Minutes 1998-04-07TOWN OF ITHACA PLANNING BOARD
APRIL 7, 1998
FUD
TOWN Of THACA
Date_
O
cl
The
Town
of Ithaca Planning
Board met in regular session on Tuesday, April 7,
1998, in Town Hall,
t?6
East Seneca
Street,
Ithaca, New York,
at 7:30 p.m.
PRESENT: Chairperson Fred Wilcox, Eva Hoffmann, Robert Kenerson, Gregory Bell, Larry Thayer, John
Barney (Attorney for the Town), George Frantz (Assistant Town Planner), Christine Balestra (Planner).
EXCUSED: Jim Ainslie.
ALSO PRESENT: Peter Veldmuizen, Liz Vastbinder, Herb Engman, Tom Salm, Tom Hoard, Frank
Santelli, Amy Nettleton, Robert O'Brien, Peter Trowbridge, Lanny Joyce, J. Doney, L. Ungberg, John Yntema,
Kay Friedlander, Doria Higgins, Shirley Egan, David Herrick, Jim Dougan, Ginger Nichols, .Michael Bevans,
Veet Deha, David Klein, Robert Flumerfelt, Noel Kurtz, Laura Cohen, Craig Fasullo, Lauren Stanforth, Fay
Gougakis, Diane Bohn, Glenda VanGesen, Carolyn Russell, Bill Wittlin, Jonathan Sinker, Don Crittenden, Ann
Byrne, Robert McCabe, George Lavris, Chuck Hurlbut, Carl Sgrecci, Marilyn Sgrecci, Rebecca Palmer, Jasmine
Petrovic, Elsie Dentes.
Chairperson Fred Wilcox declared the meeting duly opened at 7:36 p.m., and accepted for the record, the
Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall, and the Ithaca
Journal on March 30, 1998, and April 1, 1998, 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
Tompkins County Commissioner of Public Works, and upon the applicants and/or agents, as appropriate, on
April 1, 1998. (Affidavit of Posting and Publication is hereto attached as Exhibit 91.)
Chairperson Wilcox 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 Wilcox closed this segment of the meeting.
PUBLIC HEARING: CONSIDERATION OF FINAL SITE PLAN APPROVAL FOR THE
PROPOSED CONSTRUCTION OF A 414712 +/- SQUARE FOOT FITNESS CENTER CONSISTING
OF EXERCISE AND AEROBIC ROOMS. OFFICES. LOCKER ROOMS, AND TWO GYMNASILTNIS
SITUATED JUST SOUTH OF EASTINIAN HALL AND IMMEDUTELY ADJACENT TO THE
OUTDOOR SWIMMING POOL ON THE ITHACA COLLEGE CAMPUS LOCATED OFF OF
DANBY ROAD/ROUTE 96B, TOWNI OF ITHACA TAX PARCEL NO 41-1-30.2q RESIDENCE
DISTRICT R -15, ITHACA COLLEGE, OWNER/APPLICANT• ROBERT O'BRIEN HOLT & C
ARCHITECTS. AGENT
Chairperson Wilcox duly opened the above noted matter at 7:38 p.m., and read aloud from the Notice of
Public Hearings.
Robert O'Brien, HOLT & C Architects, stated that they have complied with the things that were decided
at the preliminary site plan approval in terms of further submittals. They have resubmitted elevations showing the
materials that are proposed for the exterior of the building. The intent of the exterior of the proposed building is
PLANNING BOARD MINUTES 2 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
to blend in with the quad residence halls that are located around the proposed building. They have also submitted
a new survey of the existing spoil site that is in use, and created a new grading plan for that. The intent is to
include the final grading plan in the documents for this project for all the spoils being moved to that site will have
the final grading down on it by the contractors of this project.
Chairperson Wilcox stated that the height of the proposed building was remeasured. Chairperson Wilcox
asked what is the proposed building relative to the other buildings in that quad.
Mr. O'Brien showed the Planning Board an enlarged picture of the cross section through the building
with an outline of the immediate residence halls around the proposed building. The very highest point on the
building is lower than the surrounding residence halls. The residence hall to the south of the proposed building
would actually be higher because the grade is sloping up. The wrong height was put in the original submittal in
the Environmental Assessment Form because they did not use the Zoning Ordinance definition, but the FPA
definition of height which uses an average roof height and grade height. They have resubmitted the height of the
proposed building to the Planning Board using the most extreme height from the lowest floor level to the peak,
which is approximately 42.5 feet.
Chairperson Wilcox opened the public hearing, and asked if anyone from the public wished to be heard.
No one spoke. Chairperson Wilcox closed the public hearing, and brought the matter back to the Planning Board
for further discussion.
Board Member Eva Hoffmann asked if the contractor will be doing the final grading and hydro seed the
fill site.
Mr. O'Brien responded, yes.
Board Member Hoffmann asked if there would be any more plantings or trees planted on this site.
Peter Trowbridge, Trowbridge Landscape Architect, stated that the fill site was resurveyed because the
fill material from prior building construction was placed in different places than they had originally anticipated.
They regraded the site at a 3:1 slope, which is actually is a very low gradient mowable with a riding lawn mower,
so the gradient on the slope is very gentle despite the grading plan looks more severe. The slope gradient is such
that it should be a mowable slope. Ithaca College plans to maintain it as an open grassy area.
Board Member Hoffmann stated that she thinks it would look very prominent as a grassy area. The
grading plan drawing shows Emerson Hall and the buildings and they look small compared to the slope of the fill
site.
Mr. Trowbridge stated that the extent of grading is considerable, but the intent is to remove what is seen
as a pretty abrupt gradient into one. The reason is does extend over a large area is because they had made the
gradient really soft, and it will appear quite nature relative to other grassy slopes in the area. There has been
details provided as part of the construction documentation for a Fitness Center for sedimentation control. While
they were not submitted with the particular drawing, this drawing is part of a bigger set of construction
documents. The details for silk fence and hay bale berming has been provided with the construction documents.
Mr. Trowbridge stated that he knows the Town Engineer (Dan Walker) would like the existing swale at the base
of the slope to be either bermed up to the east or made deeper, and it is their anticipation to make it slightly
deeper. The entire swale behind the houses would then fundamentally become an infiltration and evaporation
detention area because the gradient would be quite low of 1.5 to 2 percent so water would move very slowly to
detention basin. The hope is that there would be an evaporation and infiltration within the swale itself.
PLANNING BOARD MINUTES 3 APRIL 71 1998
APPROVED - APPROVED - APPROVED
Board Member Hoffmann asked where is the detention basin indicated on the drawing.
Mr. Trowbridge stated that the detention basin is not indicated on the drawing, but it is located on the
northeast comer of the project site. It was constructed in 1993 by Ithaca College. There are two pipes that create
a controlled flow from the detention basin over Ithaca College property where there are no homes into a culvert at
the intersection of Coddington Road that feeds directly into the storm system.
Board Member Hoffmann asked what are the lighting details for this project.
Mr. Trowbridge stated that the standard lighting for Ithaca College are the sharp cut off shoe box fixtures
that would eliminate glare. There has been concerns from the Planning Board and the community to eliminate
glare in the surrounding neighborhoods since everyone looks up at the College. Lighting, is fairly evenly
distributed around the site in terms of sight light. There are new lights that service the handicapped access route
from the parking to the main entrance. There are a few light fixtures in the quad, and there is also lighting along
the fire access way to the north. Because there is a lot of glazing on the west side of the building there would
ambulant lighting architecturally mounted lighting at the entrance, so the lights shown in the site plan are related
primarily to large areas of lamination.
MOTION made by Gregory Bell, seconded by Robert Kenerson:
NOW. THEREFORE, BE IT RESOLVED:
1. That the Planning Board hereby grants Final Site Plan Approval as shown on drawings labeled "Ithaca
College Fitness Center ", Sheet No. L 101, entitled "Grading Plan ", Sheet No. L 102, entitled "Landscape
and Lighting Plan", dated March 9. 1998, a grading plan entitled "Proposed Ithaca College Fill Site ",
dated march 24, 1998, a fill topographic map entitled "Topographic Map Showing Fill Pile Northeasterly
of Emerson Hall, Ithaca College Campus:, dated March 11, 1998, all prepared by Holt Architects, T.G.
Miller P.C. Engineers and Surveyors, and Trowbridge and Wolf Landscape Architects and Planners, and
additional application materials subject to the following conditions:
a. Submission of a revised Grading Plan for the Ithaca College Fill Site to show a drainage
diversion along the existing hedgerow, located on the North East boundary of the property, in
order to protect downhill properties, prior to a building permit, and
b. Granting of Special Approval and Height Variance from the Zoning Board of Appeals for the
construction of the fitness center, prior to the issuance of a building permit.
In
Planner Christine Balestra stated that condition "a" has been met, but a new condition "a" could read
"Submission of construction details for the Ithaca College fill site to include erosion and sediment control
measures as well as diversion and retention swale construction details to be approved by the Town Engineer prior
to the issuance of a building permit."
There being no further discussion, Chairperson Wilcox called for a vote.
AYES - Wilcox, Hofmann, Kenerson, Thayer, Bell.
NAYS - None.
The MOTION was declared to be carried unanimously.
PLANNING BOARD MINUTES 4
APPROVED - APPROVED - APPROVED
(NOTE: Formal adopted resolution is hereto attached at Exhibit #2.)
Chairperson Wilcox duly closed the Ithaca College Fitness Center at 7:53 p.m..
APRIL 7, 1998
AGENDA ITEM: CONTINUATION OF CONSIDERATION OF APPROVAL OF STATEMENT
OF FINDINGS REGARDING CORNELL UNIVERSITY'S PROPOSAL TO CONSTRUCT A
CHILLED WATER PLANT AND A PROPOSED ROUTE FOR CHILLED WATER LINES IN
CONJUNCTION WITH THE LAKE SOURCE COOLING PROJECT. LOCATED AT 983 EAST
SHORE DRIVE AND ADDITIONAL LANDS WITHIN THE TOWN OF ITHACA.
Chairperson Wilcox duly opened the above noted matter at 7:51 p.m., and read aloud from the Notice of
Public Hearings. Chairperson Wilcox stated all of the members of the Planning Board were present three weeks
except for Ms. Hoffmann when the Board heard what the public had to say for the Lake Source Cooling Project
environmental concerns. The Planning Board was supplied with an unedited copy of the last Planning Board
meeting for the Board to review what the public had to say at that meeting along with all the other materials from
Cornell University and New York State Department of Environmental Conservation. Everyone has had their say,
and now it is up to the Planning Board to make a decision. Chairperson Wilcox stated that prior to the meeting
tonight he was handed a letter from Walter Lynn at Cornell University, and the Planning Board was supplied with
a copy of that. The letter addresses some of the comments that were made at the Public Hearing three weeks ago
where his name was used. (Walter Lynn's letter is hereto attached as Exhibit # .3
Board Member Hoffmann stated that she has reviewed the materials and comments from the last meeting.
There was a letter in the Ithaca Journal from Noel Kuntz, which made her wonder why the Town had not seen
anything about this alternative (Gas Fired Co- Generation System). She thought that Mr. Kurtz made some very
good points. It made her think back to early on in the process, and she does not remember in fact that there were
very many alternatives considered. Someone also made some comments about whether there are ways of shutting
down the system in case something goes wrong, such as leakage. In an emergency what could be done to shut the
whole system down? It seemed to her that is something important to have in place. She is concerned about the
access to the lake by the public, and reading through some of the papers in the few days, it mentions that Cornell
University will make sure there is public access to the lake during construction, but it does not mention anything
after that except Noah's Boat Club. She would like to make sure that there is public access to the lake even
without going through Noah's Boat Club and the marina. Ms. Hoffmann stated that she visited the site today, and
was reminded that there is not just the area which is going to be rebuilt where the pipes are going, and the ground
slopes up fairly steeply from the water. Just north of that there is an area that slopes down more gently where
someone could walk up to the water. From the drawings it looks like it is part of the property that Cornell
University owns. Also south of the outfall from the creek there is an area where there would be access to the
water. She would like to have more assurance that there would be more access to the public to the edge of the
water.
Attorney for the Town, John Barney stated that Cornell University has agreed to give the Town of Ithaca
a license /easement of 50 years for access to the lake, and Cornell University also agreed to give the Town of
Ithaca a right of first offering to acquire all the land should Cornell University or Noah's Boat Yard sell. The
agreement itself has not yet been finalized, but the agreement of principle has been reached at a meeting between
Cornell University and several members of the Town Board and staff approximately a week or so ago. It would
be appropriate to condition the resolution on the execution of agreement along those lines.
Board Member Hoffmann stated that the pieces of land that are going to be given or traded for right -of-
way for the pipelines, referring to the boundary maps that show the pieces of land that Cornell University will be
PLANNING BOARD MINUTES 5 APRIL 71 1998
APPROVED - APPROVED - APPROVED
giving to the owners of Lowery's and to the Village of Cayuga Heights. What concerned her when she looked at
this is that this is all zoned Business District "E ". Would the Town be allowing small pieces of parcels zoned "E"
to be given to Cayuga Heights and to another property owner without changing that zoning? Ms. Hoffmann asked
what the implications would be of that. After noticing this she read somewhere that the Lowery parcel is partly
zoned "E". but it is not clear that it is zoned "E ".
Assistant Town Planner George Frantz stated that as far as the conveyance of the parcels, the condition
of the subdivision approval is that they be consolidated with the adjoining parcels, so the Town would not be
creating small separate individual parcels here.
Board Member Hoffmann stated that the zoning would be different with the Village of Cayuga Heights.
and asked if this would be zoned the same as the adjacent parcels in Cayuga Heights.
Assistant Town Planner Frantz stated that subdivision will not affect the zoning thaCis in place now.
Whatever the land is zoned now, which is Business District "E ", that zoning will remain in force.
Chairperson
Heights land will be
Wilcox
added to
stated that Mr. Lowery
the parcel which has the
runs a construction business.
treatment plant on it. Those are
The Village of Cayuga
exchanges on the part of
Cornell University in
order to
get a right -of -way easement across the properties.
Board Member Hoffmann stated that she understands why it is being done, and she has no problems with
it being done. She just had concerns that there may be some technical problems about the zoning.
Attorney Barney stated that he does not know, and that he represents Mr. Lowery. The land will remain
zoned as it is, and any change of the use of the property will have to come back to the Planning Board for a site
plan approval. As far as Mr. Lowery is concerned, he is not looking to change the use of his property, he just
wants a clearcut title to the driveways that service his facility.
Board Member Hoffmann asked if Mr. Lowery's entire parcel at this time is zoned Business District "E"
Assistant Town Planner Frantz responded, yes. The entire stretch of East Shore Drive on the east side
from the Village of Cayuga Heights Sewage Treatment Plant northward is zoned Business District "E ". The
current boundary of the Village of Cayuga Heights Treatment Plant parcel is the boundary between the Town and
the Village.
Board Member Bell stated that on page one of the Findings Statement (Proposed), paragraph one states
"The system will draw a maximum of 46 mgd per day (32,000 gpm) of cold water from Cayuga Lake at a depth
of approximately 250 feet through a 6.) inch closed loop pipeline extending two miles from the shoreline Heat
Exchange Facility (HEF), proposed to consist of a +/- 14,400 +/- square feet structure at 983 East Shore Drive."
Mr. Bell stated that the project is not two closed loops. It is one closed loop and one open loop, and the
distinction is environmentally one of the most major distinctions that could be drawn.
Assistant Town Planner Frantz stated that is a typo, which should read "63 inch pipeline extending two
miles from the shorelines."
Attorney Barney stated that there is a sentence missing here because there are two separate pipelines.
The two mile pipeline is a closed loop.
Assistant Town Planner Frantz stated that the intake pipe is not a closed loop system.
PLANNING BOARD MINUTES 6
APPROVED - APPROVED - APPROVED
Board Member Bell asked if the intake pipe is two mile into the lake.
Assistant Town Planner Frantz responded, yes
Findings Statement (Proposed).
APRIL 7, 1998
The words "closed loop" should be eliminated from the
Board Member Bell stated that on page two of the Findings Statement (Proposed), second section of the
impacts on the lake that state "the direct impacts to aquatic resources such as I/Iysis relicts, alewife, rainbow
smelt, lake trout and other fish species have been addressed, have been mitigated to the extent practicable, and are
not expected to result in significant adverse impacts to said resources ", but it does not get into the whole issue of
the impact on algae or bacterial growth. People may not consider them as resources, but they certainly exist in
the lake. The Planning Board had extensive testimony about the impact of temperature increases on those.
4
Assistant Town Planner Frantz stated that the third paragraph that states "due to the relatively small scale
of and the time of year during which the maximum discharge from the proposed HEF outfall pipe of phosphorus
will occur, the total increase in the phosphorus inputs into southern Cayuga Lake as a result of operation of the
proposed facility is not expected to result in any significant adverse impacts to water quality. ", deals with those
issues Mr. Bell is concerned with. Reading of the documentation of releasing the warm water and the additional
influx of phosphorus into the shallower lower end of the lake will result in some additional algae growth in the
lake, but that was determined not to be a significant issue or problem. There would be no significant impacts on
water quality.
Board Member Bell asked who determines it. Cornell University has determined that, but he does not
think it is agreed upon by other people.
Assistant Town Planner Frantz stated that the New York State Department of Environmental
Conservation Finding Statements have determined that.
Board Member Bell stated that this does reference the New York State Department of Environmental
Conservation Finding Statements, but the wording is just reiterating what they said.
'Chairperson Wilcox stated that the Town's Finding Statement addresses aesthetic resources, impact on
Cayuga Lake, impacts from noise, impacts on public access, traffic impacts, clearing and grading of temporary
staging impacts, drainage impacts, and impacts of dredging are all part of that. The Planning Staff has worked
diligently. They have sat through many meetings addressing all the issues there from noise to access to traffic to
drainage. The Town staff has not spent a significant amount of time on impacts of Cayuga Lake, that is where
the Town relies on the public record that already exists such as the Environmental Impact Statement, Final
Environmental Impact Statement, and the Finding Statements from New York State Department of Environmental
Conservation.
Assistant Town Planner Frantz stated that in addition the Town Planning Staff has reviewed the Draft
Environmental Impact Statement over a course of the past six to nine months. The Town has had several
extensive discussions with the members of the Conservation Board both as a Board and individually. The Town
Planning Staff has done its own research on the impacts of phosphorus and water quality of the lake. A lot of
people has actually missed in this discussion. During the summertime months, Cornell University will be drawing
water from the bottom of the lake and will be discharging it at a temperature of approximately 15 degrees higher.
The water will be discharged into the lake at approximately 55 +/- degrees, which is much cooler than the water
temperature in that part of the lake during the summertime.
PLANNING BOARD MINUTES 7 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
Board Member Hoffmann stated that this part of the discussion mentions phosphorus. The phosphorus
problem is separate from the temperature problem because it comes from water being pulled out from a deeper
depth where there is more phosphorus and being circulated around and let out at a lake level which is higher
where there is normally not so much phosphorus. That will cause the possibility of more algae growth especially
during the warmer months.
Assistant Town Planner Frantz stated that there is already a lot of phosphorus in the lake at this southern
end. The New York State Department of Environmental Conservation has determined that is not a significant
increase and that there will not be any significant adverse impacts as a result of that increase. The Planning Staff
is relying on the New York State Department of Environmental Conservation's expertise, and the input of several
members of the Conservation Board who have some expertise on water quality.
Board Member Hoffmann stated that she understands all that. She also heard some, statements from
people that there have been obnoxious smells around the lake, and she does not know if that comes from the
blooming of the algae or not. It seems like it may be a possibility that it may come from that, and if it happens as
a result of this more often and happens the way the New York State Department of Environmental Conservation
mentioned in their Statement of Findings during July, August, and September, which is a quarter of a year. That
is not an insignificant amount of time. She thinks this may be a problem. She remembers when she was here last
time when this project was discussed, it was talked about as an aesthetic problem rather than a health problem. It
may be visually unattractive, but it could be something that could create objectionable odors. In the materials
from the last meeting, there was a letter from the Chamber of Commerce in regards to the smell, and they are
located right next to the lake.
Board Member Bell stated that tits. Hoffmann made reference to the timing issue which certainly seems
to be misrepresented according to the following paragraph "due to the relatively small scale of and the time of
year during which the maximum discharge from the proposed HEF outfall pipe of phosphorus will occur, the total
increase in the phosphorus inputs into southern Cayuga Lake as a result of operation of the proposed facility is
not expected to result in any significant adverse impacts to water quality." Mr. Bell stated that he does not know
how to respond to something that says "relatively small scale" when Comell University is talking about 32,000
gallons a minute.
Assistant Town Planner Frantz stated that the "relatively small scale" refers to the six percent of the
additional phosphorus in loading.
Board Member Bell stated that it is not clear at all as to what that means. Mr. Bell asked if that
paragraph is talking about that there would be a six percent increase in phosphorus.
Chairperson Wilcox stated that he would read to part of the New York State Department of
Environmental Conservation's Finding Statements to help clarify some things. "The total increase in the
phosphorus inputs to southern Cayuga Lake with implementation of LSC varies monthly during the stratified
period. The maximum transfer of phosphorus is projected to occur in August and September, and could
contribute an additional six percent of the existing loading. The potential magnitude of additional algae growth
associated with the incremental loading was calculated to be very small. The Department looked at the alternative
locations of the proposed outfall and determined that they were not justified on the basis of cost and benefit. The
possibility of algae bloom is real. However, the duration of the period of time that they may occur may be limited
to July, August, September period, and would not be a significant problem due to the small amount of phosphorus
involved. The most significant of the algae blooms would be expected aesthetics. On this basis alone there was
insufficient justification to warrant requirement extension of the outfall at a cost over $2 million."
PLANNING BOARD MINUTES 8 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
Board Member Bell stated that the timing issue is stated in an awkward manner because while three
months of the year may only be one - fourth of the calendar it is 100 percent of the time when most people use the
lake the most. He thinks this whole attempt to minimize this is not correct. He is not comfortable with a Finding
Statement that makes this particular statement. In terms of the six percent increase in phosphorus, he thinks it
gets into some issues that the Board has not seen much information about in a manner in which the Board could
make a real judgment. The applicant is coming in with massive resources against a bunch of relatively well
informed citizens, but who are not. The inequity of experts is very troubling to him. The Board has seen two
years of one position from the applicant, but have seen nothing comparable from any place else. He is not all
convinced that six percent is a small number. He is not sure it is, but he is not sure it is not. He finds it difficult
to make that big of a judgment. This is the first of many points where he does not know, and there are a lot of
citizens who extremely strongly that this is not such a benign project, and there needs to be a source from where
they are coming from. Mr. Bell stated that he has a number of specific concerns in the Finding Statement that he
has not gotten to yet, but he has a larger concern about this project. Mr. Bell stated that when-this project was
first presented he thought it was a great idea. A reduction of 80 percent sounds fabulous, but after getting more
and more into the details it looked less and less like a totally positive project and more and more like a
questionable trade off. He believes there are a number of other alternatives. He is not totally against this project,
and there have been public meetings where he has said a lot of public things on behalf of this project, but as more
alternatives have been suggested he realizes how inadequate the process is. There are a number of alternatives
that this Board has never looked at. The Board has been presented this full blown scheme here and said this was
the choice between lake source cooling versus the evil CFC's and the seven chillers on the hill. That is a stark
contrast to be presenting it that way. Mr. Bell stated that in 1976 when State Legislature passed the SEQR law, it
was pretty clear that one of the major parts of the process was intended to be a study of alternatives. He has seen
a lot of SEQR statements. He has been involved on both sides of this process. He has a good understanding and
feeling on how this process works. The weakest part on any one of those statements he has seen is the alternative
section. He thinks that Article 617 makes it very clear that alternatives are supposed to be given serious
examination. The Town received 1,200 pages of the Draft Environmental Impact Statement with a few
paragraphs dismissing the alternatives. That is not an analvsis of the alternatives. Lake source cooling might be
the right alternative and idea, but there are a number of alternatives within that the Town has never looked. For
example: whether the outfall pipe should happen to be 15 feet below the level or whether it should be 250 feet
below the level of the lake up the lake a mile.
Chairperson Wilcox stated that he knows what is troubling Mr. Bell. The trouble for Mr. Bell is that the
Planning Board was not lead agency for this project.
Board Member Bell stated that maybe Chairperson Wilcox is right. The Planning Board was not lead
agency, but the New York State Department of Environmental Conservation did the work, and the Planning Board
did not see the whole picture.
Chairperson Wilcox stated that normally the Planning Board gets to do all the work and gather the
materials themselves, but this time they are seeing the record as submitted on New York State Department of
Environmental Conservation.
Board Member Bell stated that this was his basic concern. There are a number of specific concerns that
all have been touched upon. He is mostly concerned about the lake impacts in paragraphs two and three in the
alternative sections on page three of the Findings Statement (Proposed). Mr. Bell stated that he is concerned with
the statement that states "the `no action' alternative, or decision not to proceed with the proposed project, would
entail continued reliance by Cornell University on its existing chilling system which is dependent on CFC
refrigerants. Due to regulatory constraints on the availability of such refrigerants over the long term, continued
PLANNING BOARD MINUTES 9 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
operation of the existing chilling technology using CFC's is not a viable long -term altemative." Mr. Bell stated
that this system would use five times as much electrical energy, that is not an analysis.
Attorney Barney stated that these are not analyses, these are the findings. The analysis is in the seven
volumes of material that has been submitted to the Planning Department that he assumes Mr. Bell has read in
order to make the challenge he is making tonight. The data and analysis was done by New York State
Department of Environmental Conservation, and they made their findings as the Planning Board is required to
make. The Planning Board's role is to approve a site plan and to approve a subdivision. Attorney Barney stated
that he is not sure that a role of a Town Planning Board is to get into the scientific bilivity of this particularly is
chosen for whatever reason not to get involved in the process of preparing and responding to the Draft
Environmental Impact Statement. That was the time to get involved with those issues, and to try and raise these
issues tonight is unfair to the applicant. This process has been going on 18 months to two years Cornell
University has been working on the Draft Environmental Impact Statement. There were ample, opportunities for
the Town to comment on the Draft Environmental Impact Statement, and the Town did make comments through
the staff on the Draft Environmental Impact Statement. A number of aspects of the Draft Environmental Impact
Statement were taken into account to prepare for the Final Environmental Impact Statement. For Mr. Bell to sit
here and say that Cornell University did not do this and did not do that, that is unfair to Cornell University. Those
comments should have been done several months ago when the Draft Environmental Impact Statement was in the
process of being constructed.
Board Member Bell stated that the Planning Board was never asked to do all those things because this
Board was not lead agency.
Attorney Barney stated that the Planning Board had the right to look at the process, and the Draft
Environmental Impact Statement was here for anyone to read and make any comments on. The Planning Board is
not in the process of redoing the Environmental Impact Statement as a role of the Town Planning Board in
determining whether or not to grant a special approval or not.
ZP
Board Member Bell stated that he understands those distinctions, but the Planning Board has also been
told by several different people that it is this Board's obligation to make an environmental determination, not just
to look at the aesthetics of the pipeline or the easement to the building.
Attorney Barney stated that the Planning Board is not determining that there may be an environmental
significance, but this Board is not at a preliminary stage of making a determination of a positive or negative
Environmental Impact Statement. That is a test at the beginning of the process. Now the test is, and the test that
the Attorney for the Town would need to defend if Cornell University files a lawsuit, that if this Board could
demonstrate an environmental effect that has not been dealt with and that has not been mitigated to the extent
possible. That is a different test, and that is a test this Board is dealing with at this stage. Attorney Barney stated
that he is hearing Mr. Bell's comments and they are good, but Mr. Bell should have made those comments at the
beginning of the process.
Board Member Bell stated that he is very disturbed by the sequence of events, and many of the things he
is now saying he did not know six months ago. Many of the things he knows now came from the public hearings
and the process itself which is why the Planning Board asked the public to speak on this project. Mr. Bell stated
that if the Planning Board is not going to consider anything the public said three weeks ago why did the Board
invite them here.
Attorney Barney stated that he heard the public three weeks ago also, and he heard a lot of things from
the public. What he has not heard from the public is any real scientific. There was a lot of concerns that this
PLANNING BOARD MINUTES 10 APRIL 71 1998
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project may do this or may do that, but he did not hear anything that really reacted to the data information that
was put together and put into the Draft Environmental Impact Statement. Attorney Barney stated that he heard a
lot of concerns and possibilities, but he did not hear any probabilities. The New York State Department of
Environmental Conservation conducted some public hearings on this project. It is not like the Town is the last
resort here or the ability of overturning the New York State Department of Environmental Conservation decisions.
The Town could make their own findings, but the findings the Town needs to make needs to deal with the site plan
and subdivision.
Board Member Bell stated that he is very disturbed by this process. He is not totally opposed this project,
but he would like to see some version of this probably, but he does not believe this Board has seen enough despite
the 1,200 pages this Board has not seen what they need to see. There are some processes where applicants are
required to finance alternative experts to analyze the scientific statements they are making. He does not know for
sure that this Board could impose that, but he would like to see some people who what they are .Ialicing about and
give the Board an expert opinion to analyze some of these questions. There are Cornell University representatives
here tonight, and some of them he is personal friends with, he finds it is very awkward to say these things. He is
not against Cornell University. He is in favor in much of what Cornell University does, but he is concerned about
whether this Board is doing the best job they can do. He does not think this process has lead in that direction.
Board
Member
Hoffmann
stated that
she wishes there were
public comments
received earlier in the
process. Ms.
Hoffmann
stated that
she still has
some concerns over the
phosphorus levels
in the lake.
Assistant Town Planner Frantz stated that a way to interpret the impact of the added phosphorus going
into the lake would be to imagine 100 pounds going into the lake now. At the most the Lake Source Cooling
Project is expected to add 6 more pounds into the lake. for a total input of up to 106 pounds. This is what is
meant by the six percent increase phosphorus.
Board Member Hoffmann stated that she remembers in the proposed resolution it mentions that no trees
shall be planted on the eastern boundary of this parcel. She is assuming that is in order not to block the views
from the area including Route 13. The Planning Board received some information at the last meeting about the
soil disposal site. In that information it mentions the soil disposal site that was chosen, and that the proposed
leveling and contouring of the soil disposal site could be considered an improvement of this area since there
currently is little to no soil and it could render the site suitable for future recreational or commercial uses. Ms.
Hoffmann stated that the comments she wants to make about that is that she would want to make sure if there
were any more construction of buildings or whatever structures that they will not be placed on high the slope, but
placed low enough so that they cannot be seen from up above. That should be possible because the slope is very
steep. It would be too bad if structures were to appear within the view that one gets going north on Route 13
looking over the lake or to West Hill.
Assistant Town Planner Frantz stated that both soil disposal sites will be outside the proposed Special
Land Use District. One to the south will be in Business "E" District, and the one to the north will be in the
Multiple Residence District. Any construction or any proposed structures in either of those two districts would
need to come back to the Planning Board for site plan approval.
Board Member Hofmann stated that what would apply now would be the concern that the flat area not to
be made at too high a level for future development.
Chairperson Wilcox stated that he has a different approach than Mr. Bell. The work the Town staff has
done on this issue on the way the building looks, where it is sted, noise, access to the lake, and the pipeline route.
When it comes to the lake, what if anything happens to the lake by taking cold water from the bottom, warming it
PLANNING BOARD MINUTES 11 APRIL 71 1998
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up, and putting back out near the top. In his opinion the Board needs to rely upon the public record. The public
record consists of Cornell University's findings, public comment section Draft Environmental Impact Statement,
and New York State Department of Environmental Conservation's comments. Chairperson Wilcox asked does he
trust New York State Department of Environmental Conservation, who have held a substantial number of
hearings on the lake. The Town has had Cornell University in several times for comments and provided
information that was requested of them. Chairperson Wilcox stated that he does not have a problem with what the
New York State Department of Environmental Conservation has done.
Board Member Larry Thayer stated that he has only been here for a few meetings, and he has not been
into this project the way he should be to make any type of opinion. He agrees with Chairperson Wilcox because
the Board needs to trust the people who have done the work prior to this. The public hearing, as he heard most of
the people complaining about the lake as it is today, not what it could be, but the odors that are there now. That
is not anything to do with what the Planning Board is deciding on tonight. He does not know there will be
significant impacts on the lake at the New York State Department of Environmental Conservation sees it, but the
thing that needs to be done to the lake is not anything that the Planning Board has any control over which is to
clean up this end of the lake. This project is not going to hurt that according to New York State Department of
Environmental Conservation, and as Chairperson Wilcox stated this Board needs to trust the New York State
Department of Environmental Conservation.
Board Member Bell stated that he thinks Chairperson Wilcox is right on raising the question of the trust
in the New York State Department of Environmental Conservation. He supposes that everyone brings to that
question their own experience and their own knowledge of the history of what the New York State Department of
Environmental Conservation has done in the past 20 to 30 years. He does not intend to share that much uniform
trust with New York State Department of Environmental Conservation. Often he does trust them, but he does not
do it on a uniform basis. This is the same New York State Department of Environmental Conservation that
permitted General Electric to dump PCB's in the Hudson River for many years, and it has gone on for 25 years
without forcing them to clean it up. This is the same New York State Department of Environmental Conservation
that permitted the Pyramid Corporation to build a shopping mall on a toxic waste dump with no remediation or
protection of construction workers in Syracuse. This is the same New York State Department of Environmental
Conservation that permitted the Pyramid Corporatio to build another shopping mall in the endagered Pine Bush in
Albany. This is the same New York State Department of Environmental Conservation that permitted an
aluminum company to pollute the St. Lawrence River with aluminum wastes.Mr. Bell asked if this is the same
New York State Department of Environmental Conservation the Board is talking about here. There is all kinds of
history here where they cannot say they trust the New York State Department of Environmental Conservation. He
respects the judgment that was made that this Board should trust them, and he certainly would like to
automatically assume that. It would be a lot easier on some of our own mental states to be able to do that. He
cannot assume that New York State Department of Environmental Conservation is correct on this case. He does
not think the New York State Department of Environmental Conservation people would really be personally
affected by this as much as the people in this room. The personal connection to this particular lake has something
to do with the wav this Board needs to approach it.
Attorney Barney asked Mr. Bell if he is prepared to make findings adverse to the New York State
Department of Environmental Conservation. He stated that Board Member Bell should have raised all of these
issues six months ago.
Board Member Bell stated that six months ago he did not have thses questions and that months of public
hearings and meetings have raised these questions in his mind. He stated that the Board has never previously been
given the opportunity to raise these concerns. Further, Board Member Bell stated that if these questions cannot be
raised now, then why are they bothering to hold a public hearing. If the board did not plan to listen to the public,
PLANNING BOARD MINUTES 12
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APRIL 7, 1998
were they
going
through the motions
because they were required to hold a public hearing. Board Member Bell
stated that
as he
mentioned before he
feels very uncomfortable with this process.
Attorney Barney stated that Mr. Bell may be uncomfortable with this process, but this is the process that
the Town has. Section 617-11 c states "no involved agency (which is what the Town is) may make a final decision
undertake, fund, approve, or disapprove an action that has been a subject of a Final Environmental Impact
Statement until a certain time period has passed, and that a written finding statement is done." Attorney Barney
stated that this Board needs to make a findings statement, and by law there is a time period that those statements
need to be made. The Town needs to make a findings statement, so this Board's findings statement needs to be
"yes" or "no ". A speculation is a comfortable thing that a lawyer is to take to court on a findings statement when
states that they do not believe somebody, so therefore, thev do not accept it. If the information is inadequate, and
this Board feels that there should be more information. then the Board could request the lead agency (New York
State Department of Environmental Conservation) to prepare a supplemental Draft Env rpnmental Impact
Statement or Final Environmental Impact Statement which is done under Section 617 -9, Subdivision 7. That lead
agency may require supplemental Environmental Impact Statement limited to specific significant adverse
environmental impacts not address or inadequately address in an Environmental Impact Statement that are
otherwise: a. Changes proposed to the project, b. newly discovered information, or c. Change in circumstances
related to the project. The decision whether or not to require a supplemental Environmental Impact Statement is
based upon the importance and relevance of the information in the present state of the Environmental Impact
Statement. It is up to New York State Department of Environmental Conservation as to whether a supplemental
should be prepared. People have read the Draft Environmental Impact Statement and have understood what is in
there, and if there is something in the Draft Environmental Impact Statement that suggests that the findings that
the New York State Department of Environmental Conservation made were not the appropriate findings that is
fine, but the findings need to provide a rationale for the lead agency's decision.
Assistant Town Planner Frantz stated that the Planning Staff does not put full faith in the New York State
Department of Environmental Conservation either. The Planning Staff has had its experience with them,
especially when it comes to wetlands. The draft Findings Statement is a result of reading the Draft Environmental
Impact Statement by several staff members. It is a result of many minutes and hours with Conservation Board
Members and general public from people who have expertise in areas of water quality and environmental quality
issues of the lake. The Planning Staff has relied on their resources. The Town has relied on its own resources as
Town Staff. In the case of phosphorus loading, he has had extensive experience with the problem of agricultural
runoff and pollution. In his opinion, it is the primary problem with the southern end of Cayuga Lake. Also in his
opinion it is one that is quite easily solved in the Fall Creek basin. They can dramatically reduce phosphorus
loading in the southern end of Fall Creek by the adoption of the Best Management Practices in Agriculture. The
Town has an Engineering Staff with extensive experience and expertise in water quality. A lot of that has gone
into the Draft Environmental Impact Statement. The Town Staff has done their independent investigations to
verify some information.
Board Member Hoffmann stated that even though she still has some concerns, and she is uncertain how
this project will effect the lake, whether it is just a little or a lot, she feels there are enough positive aspects about
this project that she is feels overall that it is a good one. She hopes that in the future, as more cooling is needed
on the campus, that other alternatives will be considered.
MOTION made by Robert Kenerson, seconded by Eva Hoffmann:
NOW. THEREFORE, BE IT RESOLVED:
PLANNING BOARD MINUTES 13
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APRIL 71 1998
That the Town of Ithaca Planning Board does hereby adopts the Statement of Findings for the Final
Environmental Impact Statement for the proposed Cornell University Lake Source Cooling Project.
There being no further discussion, Chairperson Wilcox called for a vote.
AYES - Wilcox, Hoffmann, Kenerson, Thayer.
NAYS - Bell.
The MOTION was declared to be carried.
(NOTE: Formal adopted resolution is hereto attached at Exhibit :�4.)
Chairperson Wilcox duly closed the Statement of Findings for the Lake Source Cooling Project at 9:00
p.m..
Gentleman from the public asked why the public could not comment on the environmental aspects. The
Planning Board was complaining earlier that they did not receive enough comments from the public early on.
There are people who have been waiting all evening to talk, and could speak of the points that were discussed
amongst the Board.
Chairperson Wilcox stated that this is not a public hearing. Three weeks ago the Planning Board held a
public hearing for the adoption of findings statement. The public hearing was closed at that time, and this was a
continued discussion from that meeting tonight. There is a public hearing scheduled for this evening having to
deal with Cornell University Lake Source Cooling Project. That public hearing was scheduled for consideration
of preliminary site plan and preliminary subdivision approval, and that public hearing was to be held if and only if
the Planning Board did adopt the Statement of Findings. Since the Planning Board has adopted the Statement of
Findings the next item on the agenda will be the consideration of preliminary site plan approval and preliminary
subdivision approval for Lake Source Cooling. That will be a public hearing for the public to make comments on
issues having to deal with site plan and subdivision.
Gentleman from the public asked what if they the public had something to say and were not given a
chance to speak.
Chairperson Wilcox stated that the Planning Board held a public hearing three weeks ago.
Gentleman from the public stated that some of us are not paid for the study the effects of lake source
cooling.
Chairperson Wilcox stated that he apologizes that there is a process that has been going on for months.
The Planning Board held a public hearing for the public to have opportunity to speak.
Gentleman from the public asked if this is a public hearing, shouldn't the Board hear the public if there
are different opinions.
Chairperson Wilcox stated that the public hearing tonight is for preliminary site plan and prelimin ary
subdivision approval. If the public came to speak about the Planning Board's approval or adoption of Statement
of Findings the time to speak was three weeks ago. That was when the Planning Board held the public hearing
where the Board heard the input from the public. The Planning Board has now finished that and approved the
Statement of Findings.
PLANNING BOARD MINUTES 14
APPROVED - APPROVED - APPROVED
public.
APRIL 7, 1998
Gentlemen from the public stated that the Planning Board finished their discussion without hearing the
Chairperson Wilcox state that the Planning Board did listen to the public at the last meeting three weeks
ago which gave the opportunity for their input.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SITE PLAN APPROVAL AND
PRELIMINARY SUBDIVISION APPROVAL FOR THE PROPOSED CORNELL UNIVERSITY
LAKE SOURCE COOLING PROJECT TO CONSIST OF A CHILLED WATER PLANT AND A
PROPOSED ROUTE FOR CHILLED WATER LINES, LANDSCAPING AND OTHER
APPURTENANCES. LOCATED AT 983 EAST SHORE DRIVE ON A 112 +/- ACRE PORTION OF
TOWN OF ITHACA TAX PARCEL NO. 194-5, BUSINESS DISTRICT "E ", AND- ADDITIONAL
LANDS WITHIN THE TOWN OF ITHACA AFFECTED BY THE PIPELINE "ROUTE. AND
FURTHER, A RECOMMENDATION TO THE TOWN BOARD REGARDING THE PROPOSED
REZONING OF THE SITE OF THE PROPOSED CHILLED WATER PLAN FROM BUSINESS "E"
TO SPECIAL LAND USE DISTRICT (SLUR). CORNELL UNIVERSITY, OWNER/APPLICANT:
W.S. (LANNY) JOYCE, P.E., AGENT:
Chairperson Wilcox duly opened the above noted matter at 9:02 p.m., and read aloud from the Notice of
Public Hearings.
W.S. (Lanny) Joyce, Project Manager for the Lake Source Cooling Project, stated that he has met with
the Planning Board a number of times in the past. At the end of calendar year 1998, Cornell University submitted
a preliminary site plan, rezoning, and subdivision package to the Town of Ithaca for consideration. In December
and January, meetings were held with the Town Board resulting in numerous improvements to the building and
site plan as result of input from the Town. They have met twice with the Planning Board since the first of the
year to present and discuss site plan, rezoning, and subdivision design, and modifications were made as a result of
input from the Town. Mr. Joyce stated that the design before the Planning Board for approval is a better plan as
a result of the input from the Town, and he looks forward to the Planning Board's consideration for approval of
the package. If there are any further questions regarding the package before the Planning Board tonight, there are
representatives of the architect, landscape architect, and their engineer should they be necessary. Mr. Joyce stated
that they have been thorough and very aggressive in the investigation of this project including independent review
of the work that was done. They look forward consideration from the Planning Board on the project before them.
Chairperson Wilcox opened the public hearing, and asked if anyone from the public wished to be heard.
Chairperson Wilcox stated that the focus of the Board's deliberations tonight are site plan and subdivision. The
Planning Board has been asked to approve the subdivision of one lot into numerous lots as Cornell University will
be donating land to their neighbors as part of the Cornell University Lake Source Cooling Project in the vicinity of
the heat exchange facility. Site plan approval has to deal with the building, where the heat exchange facility will
be located, how it looks, the landscaping, the drainage around it, and the route of the pipeline. Those are the
issues that are relevant to the site plan review by this Board.
Doria Higgins, Town of Ithaca, stated "Most of my life I have been a clinical physiologie, and I have also
had the fun of being an architectural designer. I worked as such in France and in Washington D.C., and I spent
two days with I. M. Pei. I am giving my credentials here, and site plan does not only include the specifics
described by Chairperson Wilcox, but site plan review could also include the basics about where that is going to
happen. So the basic concept is also applicable here, and the statement from Chairperson Wilcox that you have
faith is against every tenent of scientific methodology. You do not have in the experts, you have faith in the facts
PLANNING BOARD MINUTES 15 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
and you look at the facts. For Attorney Bamev to sav that the bilivity of the Draft Environmental Impact
Statement is not applicable tonight is terrible at every point. The truthfulness of what we are discussing is
applicable. If at the very last day this is based on inaccuracies and enormous information then you throw it out."
Chairperson Wilcox stated that he does want the public to stand up and taking a pop shot and moving on.
This public hearing is for subdivision and site plan.
Ms.
Higgins stated "I
am saying that
site
includes
not just the specifics that Chairperson Wilcox was
talking about.
Site
plan is the
site of the project
and
where it
is."
Chairperson Wilcox stated that the Board is talking about the building right now.
Ms. Higgins stated "that is not what it says. It said site plan review, and site plan is a,larger element. I
think the whole concept of putting a building there of the whole site plan which involves the pipes in the lake and
everything is an experiment. We do not know what is going to happen if there is a building with those pipes going
into the lake and doing what those pipes are planned to do. It is an experiment and we do not know what will
happen. I would like to remind all of you that in January 1, 1990, the Federal Government mandated the sustain
of the production of the CFCs so every University in this County that uses CFCs has to find another way of
dealing with it. Cornell University is not going to be in some crucial crisis if they cannot use our lake. Site plan
review is a much larger thing, and it would not be fair to cut it down just to do landscaping at this point. Site plan
review is the whole site, and the site in this case is Cayuga Lake as well as East Shore Drive."
Chairperson Wilcox stated that the site is the facilities and the infrastructure within the Town of Ithaca.
Ms. Higgins stated "I am talking technically, and you are talking untechnically. You are talking as to
what you want it to be."
Bill Wittlin, North Sunset Drive, stated "he has been a physician in this Town for eight years. I received
a doctorate in science technology studies from Cornell University. This is the public part of the meeting, and
what is going on has to do with power. It does not have to do with air conditioning power, it has to do with power
power. I think we need to have a referendum in this Town because Cayuga Lake belongs to the Town, it does not
belong to Cornell University."
Chairperson Wilcox asked Mr. Wittlin several times to address the Board.
Attorney Barney asked Mr. Wittlin if he is interested in making comments to the Board to influence their
decision. Attorney Barney asked Mr. Wittlin several times also to address the Board, and when Mr. Wittlin did
not want to listen Attorney Barney advised Chairperson Wilcox to call the sheriffs department to have Mr.
Wittlin removed.
Chairperson Wilcox then requested the secretary to make the call on a cell phone which was on the table.
She began dialing. Mr. Wittlin then faced the Board.
Mr. Wittlin stated "you are part of the power structure that is blind to the problems of what is going to
happen to our lake. You have already made your decisions, and this is the public part of the meeting. I did not
interrupt you when you went through your reasoning which were pretty fallacious. I do not want to comment on
those. I think what needs to take place people need to take place people will need to in front of the bull dozers or
whatever to stop this project."
PLANNING BOARD ;MINUTES 16 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
Donald Stephanson, Town of Ithaca, stated "at the public hearing three weeks ago I asked a questions
which I do not see any indication of the Planning Board having taken into consideration. I said not so rhetorically,
ask Cornell University how much ground source cooling cost? Mr. Frantz and public review comments in the
record, it says that a ground source cooling project costs something like $48 to $70 million, but Cornell
University has no plans for doing it, and that is how they dismissed it. They dismissed other possibilities as being
seen as being taxed in the beginning of any combination of alternatives. They took each one and said they cannot
do it all with wind power or we cannot do with solar power to meet some of these needs or a number of things.
They said we cannot meet all of our needs with that. Furthermore, they never offered to reduce the demand side
of the project. How much cooling does Cornell University need? Well if they another window pane on their
window like they do at home they will need less, that means less phosphorus coming from the bottom of the lake.
Less of a thermal impact on the lake. Attornev Bamev stated on December 31, 1998 in a Town Board site plan
meeting that we must take all of into consideration. Where I am going with this is giving ammunition to defend
the voters of the Town against this project. You said there were two ways of going about this. B. New
information, which the New York State Department of Environmental Conservation would 'hot check. The
County Health Division found that the water was so heavily contaminated that it was 10 to 15 times what it
should be in order to allow swimming there. The sewer plant operator at the Cayuga Heights Waste Water
Treatment Plant found that it was too numerous to count, well there is some new information for you. When you
take extra phosphorus you make extra germs. When you tried to clean it up which we cannot decide it would
come as promises, then who is paying to clean up after Cornell University? The taxpayer. If it is just sic percent
more that is six percent more on the clean up tab, and that is an if Cornell University did not measure the water
at the intake location, instead they measured the water approximately one whole mile away at a site not on the
lake floor, but off the bottom. Cornell University said it was at an equivalent depth. That is like saying there is a
250 foot depth where we want to get our water from, well we will measure further away from the Town and Fall
Creek where so much water comes in. The difference is, here is the lake bottom at 250 feet, when things sink they
collect on the bottom of the lake. What we are talking about are those terms that the New York State Department
of Environmental Conservation did not look at. Those terms that effect the amount of bacteria in our drinking
water, fishing water, and swimming water. The places we want to go and have a wedding where we are not
crying from the smell of the air. This is Stewart Park. This is East Shore Sailing Club. This is lakeside
property. This is a severe liability, and to pass it off like this with so called closed loop system. As someone
mentioned on the City Planning Board that is was a closed looped system."
Chairperson Wilcox asked if he could help the Board produce a better building.
Mr. Stephenson stated "Could you help me produce an invisible building?"
Chairperson Wilcox stated that he would be limiting people to five minutes for their comments. Also he
would again ask the members of the public to provide the Board with their input on the issue that is currently
before the Board to help them do their job.
Chuck Hurlbut stated "I have lived in Ithaca since 1955, and for the past 30 years I have been a resident
of West Hill. I admit that I am not as well informed on this cooling project as I might be, but the information I do
have troubles me deeply. This is the Planning Board, and aren't you our representatives? Isn't the public interest
a top priority? I cannot understand the antagonism I am feeling and the restrictions you are laying down. I just
understand that. Having said that, it is awfully hard for the public to compete against such a formidable opponent
as Cornell University with their resources, expertise, and knowledge they present a very heavy and overwhelming
case for their project. We, the public, have to resort on our Planning Board, our Town Officials, our
Representatives Statewide, and various environmental agencies to speak for us. I would look to them to present
the scientific data others asked for on our behalf This project seems to be a catch 22, 1 do not think anyone can
predict whether it will work until it is actual]% in 0 ill open doors.
peration. If it works and it is successful it VA
PLANNING BOARD MINUTES 17 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
What would prevent the hospital, Wells College, the Village of Aurora, or the Village of Cayuga from doing a
similar operation? How much could the lake stand? I do not think it is fair for any large private facility to take
advantage of our lake for their own private benefits. If the project does not work they spent a year or two, a lot
of money, a lot of effort, and a lot of inconvenience, and the Town residents will end up paying for the cleanup.
Cornell University will go back to Plan B, which in their better judgment they should have done in the first place.
1 have a gut feeling this project would not be good for the lake, but I will try to influence the Board as much as
possible that they are speaking for us when you are making your decisions. Think of the public as you carry out
your ruling."
Craig Fasullo, Ithaca College, stated "Obviously what the Board wants to hear tonight now is what color
the building should be. My favorite color is green, so please take that into consideration. I think it is obvious to
me, and I do not see how it cannot be so obvious to anyone that there are so many questions. When we put them
down on paper they are just questions, but when put out into the lake it is what we have to live With and what the
ecosystem of the lake has to live with. To let it boil down to technical and legal language is just "so silly, and I do
not know how Mr. Bell is the only one that realizes that this project is not ready to be established yet. There is a
lot more that needs to be done, and it may work, but it may not."
Fav Gougakis, stated "What advice I can give you about the building is that I do not want a building. I
just do not want it there. For the reasons, I have been to a lot of the meetings and have spoken to the people who
want to create this project, and I respect them, but I do not trust Cornell University. We are talking about trust
here, I have never trusted Cornell University. They do not have a backup plan. They are not paying if there is
any damage, and the biggest thing that bothers me is what I told this Board three weeks here at the public meeting.
That dump site up there is leaking chemicals into Cayuga Lake, and that has been documented. I cannot
understand that this Town has not even filed a law suit against Cornell University for doing that, because the New
York State Department of Environmental Conservation allowed them to build that. When New York State
Department of Environmental Conservation knew very well that some day those chemicals would eventually leak
through, and believe me they knew that. If the could make an atomic bomb that could blow up Hiroshima that
some of those scientists at Cornell University helped produced they should have known better that stuff would
leaked through. I do not trust Cornell University, and how they seek through these projects and they have seeked
through these projects. I commend the people that stand up to Cornell University. You (Attorney Barney) treated
Mr. Bell really rudely, and I wonder if Cornell University is paying you to do that? Because attorneys can be
really sleazy, and I did not like how you (Chairperson Wilcox) picked up the phone to call the sheriff on this man.
The other gentleman that spoken previously was correct. We are owners of the lake. Cornell University is private
entity. Does Cornell University pay taxes? No. Mr. Stephenson was right, we would have to pay for the clean
UP and damages through our tax money leveled on top of an University that does not pay for anything. That is
why I do not trust Cornell University, and you can be as sincerely as you want, but because of the legacy of that
University I do not see any your scientists coming to this meeting to defend this man publicly. Mr. Bell was right
and seconding this man because what he said is the way it has always been. Cornell University thinks they can do
what they want anytime. It continues to be like that. Today I was at the County Board talking about this.
Spending my time, unpaid time, when I can be doing other things besides speaking about this. Jane Marcham
spoke up and talked about how Cornell University wanted to be tax exempt on their college books. How much
tax exempt do they want? No they want to tamper with the lake, but they have not showed me evidence that they
really care because a caring person says I will be there if I make a mistake and pay for the damages. Going back
to the dump site that Cornell University has, the Town does not want to sue them. If this plan goes through,
which I hope to god it does not, I hope that there are enough people in this community that is going to get a lawyer
that is willing to support us and sue the daylights out of Cornell University because they deserve it. Maybe some
day we will sue Cornell University because for that chemical to have reached the lake from that dump site already
they deserve to be sued. I am assaulted that you (Chairperson Wilcox) picked up that phone to try and call the
sheriff on that person. The power that you have, and I do not care what you think of me, because I spill my guts
PLANNING BOARD MINUTES 18 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
out. Until they have a plan that says we will pay for damages and until there is a second opinion. I do not trust
the New York State Department of Environmental Conservation because the other gentleman is right when the
New York State Department of Environmental Conservation has a lot of water contamination in New York State
as well as nationally. The thing is that Cornell University shows no respect, and this plan should not be passed
for a list of reasons. There are other alternatives. Cornell University can pay for it, but this is just a cheaper
alternative. It is an experimental project. If this project passes you are damn right everyone else is going to use
it, then who is going to be talking when Wells uses it, hospital uses it, and the next person because that is what is
going to happen. But it is going to be on your head nct on my head. Not that I do not want alternative things, but
not the track record that Cornell University has given this Town. What I am saying is enough is enough, and I
presented these statements to City Hall. Mayor Cohen and the rest of them, this project will beat on their heads
too because I see a former Mayor in this room who has kept silent. For me a former Mayor who said he was
Mayor of this City to sit quietly and defend Cornell University insults me. "
Jasmina Petrovic, 916 Tioga Street, stated "We are talking about planning here? I just bought some land
on Route 96B a mile above Ithaca College. As I will be driving down everyday I will see the lake. If it is warm
and gray, like Ithaca sometimes can be, then I will not want to look at that lake any more. I do not know how
many people are going to want to look at that lake anymore if it does not exist. Do you know if Cornell
University starts to take it all away someday it will not exist, and a lot of people will leave Ithaca and Cornell
University will be stuck. Sure may be the students have come in with lots of money and their parental units have
paid for them to go to school. Some of the students have gotten State funded. The problem here is, is what I want
to know, I want to see the plan. I have to get a culvert done and get the road done. I want to build a driveway,
and I have to call the Highway Department to pay for that. I have to pay for all the different items that are listed I
have to pay for them. I have to get a building permits from the Town of Danby, and there are ten different steps
along the way that I have to go through to get my building site permitted first before I can actually get there to
build this house. I want to see Cornell University's plans. What are they going to do? Where are their permits?
How much are they are going to pay for their site? I want to see all that information, and it should be publicly
known and seen. It is not fair that we do not get to see this, and see how much Cornell University actually pays.
For me, it is in City Hall or it is in the County office."
Assistant Town Planner Frantz stated that all the information is in the Planning Department.
Ms. Petrovic stated "all the information that I have is there, and I have to pay taxes on that. I have to pay
school taxes. What about Cornell University lets see them pay school taxes. It is not fair, as a single citizen here
in this Town, to have to pay whatever the amount school tax I have already paid just by buying the land. How
much is Cornell University paying off the person for the lot? Are they legally allowed to split up these lots? That
is what I am going do, and I am going to find out Cornell University's tax map number and look up what Cornell
University is legally allowed to do. Let's see this information? Where are they coming from? Let me see a copy
of this plan. I want my own personal copy so I can analyze it and check it out. I want to see how much Cornell
University is paying, and I want to see all the details. If we are planning this let's plan it together. I am way
against this planning. Do you want to grow up with your children or with their children to not have a lake some
day. ?„
Assistant Town Planner Frantz asked Ms. Petrovic for her address, and he would get all the information
gathered for her on this project and mail it to her. Mr. Frantz stated that the Town of Ithaca is a public agency,
and all this information has been on file in the Town Planning Department and it is available to the public.
Nis. Petrovic stated "this is the first that the public was allowed to know three weeks ago at the public
meeting."
PLANNING BOARD MINUTES 19 APRIL 7, 1998
APPROVED - APPROVED -APPROVED
Assistant Town Planner Frantz responded. no it was not.
Leslie Ungberg, 3 Winthrop Place, stated "Six months ago I was very naive. I thought the lake was there,
and it would be taken care of In the meantime, I needed to do a report for a class I was taking and as a result I
became interested in the Lake Source Cooling Project. I have looked through the tons of data, and I do not
understand most of it. I looked at a book at the public library of a series of reports that were done by Cornell
University scientists in relation to the Bell Nuclear Power Facility that was proposed 30 years ago in 1968. What
struck me about that series of documents was that the Cornell University scientists who were writing in it were
commenting on how little is known about the lake, and how little research had been done on the lake until thev
began doing it in 1968. There is very little to go on before that time. Thirty years have passed, and I have
realized, but those scientists were talking about 100's of years in terns of lake currents, the weather and how
much it impacts, what happens to the lake, and one of the scientists mentioned that if something can go wrong in
terms of the lake it probably will when we start fooling around with it. I do think the Lakq: Source Cooling
Project could be a good idea, but it seems to me that it needs a lot more thought. It is a huge lake, perhaps as a
whole the lake will not be visibly affected by what is done in terms of Lake Source Cooling, but where they are
putting their outfall is the southern end of the lake. When I was a child, at Stewart Park people were swimming
there, now the water is muddy and black. People are talking about odors. It makes me very uncomfortable to
think that sort of thing is happening. I think if Cornell University were doing this project in a beautifully clean
lake where everything was perfect, but where there had been more research done and more time spent studying the
various effects it would be great. It seems awfully rushed to me in terms of this incredibly unique resource we
have. Another thing in the Bell Research, scientists were talking to an economist was talking about the value of
the lake and how much people would be willing to pay for it. What would be the bribe that people would be
willing to pay to turn the lake over to some other resource? That is a document from Cornell University. I think
if there is a building built on the east shore, there is only one possible color combination it could be, red and
white."
Joel Harland, Town of Dryden, stated "I think this whole idea sucks. Obviously I have a fimnv feeling
this project will be passed because Cornell University has the money. When the campus has the money they do
what they damn well please. We (the local people) do the walking. Look what Cornell University is building
now. They have radioactive dump seepage by the airport. All the stores are folding up because the Cornell
University power. Cornell University is building $60 million dorms and $50 million buildings here and there.
The same with Ithaca College. Also they are building $54 million project for the pipeline. Take a look at all the
stores in the area, they are all moving out of here because all what the campuses are bringing on. Take a look at
the people's attitudes where we are down here at each other's throat arguing amongst each other, back stabbing
and cut throating each other. Pretty soon it will be slashing each other's throats, and it has been that way for the
past couple years. We are all fed up with the system, fed up with each other, and that is going to be the results.
The jobs are leaving. Take a look at Morse Chain used to have 2,000 to 3,000 people, now there are
approximately 900 people. Take a look at Ithaca Gun, they moved out to King Ferry. Take a look at NCR, half
of that building is now Ithaca College. There used to be 2,000 to 3,000 people there. All the manufacturing and
all the stores are moving out. All we need is a change. We need a change with the times to compete with these
colleges now. We need silicone valley like I mentioned at Common Council last night. We need to build like
Cornell University, silicone valley, to bring in jobs. We need to build like Ithaca College to bring in a sports
building and to bring in mega malls and plazas. We need mega stores, and all these little stores are coming up.
We want to grow and we need to grow with these campuses if they are going to continue to grow. Otherwise
these campuses are going to bury us. They are pushing us right into a hole. They are suffocating this area. If
you want to say "no" to the project, and if not we are going to have to carry on our lives to think of all the ways to
compete with the campuses because the campuses are overgrowing. Pretty soon it will be nothing, but a college
playground. They have rights to party up there and do what they want without getting arrested, but if we pulled
the same thing downtown they would have every cop in the agency stopping us. Looking at Stewart Park, we
PLANNING BOARD MINUTES 20 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
used to there and party. They stopped that, but it is all right for these colleges because money talks and us people
do the walking because we do not have the money to back it up. Money talks and (profanity) walks, and we are
doing the walking. We are suffering, and we have to sacrifice what is going on. Cornell University and Ithaca
College wants to be the power house of the whole world or country. They want to be a national and world
recognition. Cornell University is not happy being 14th, they want to get up with Yale, Princeton, Harvard, and
Stanford. Cornell University will keep on growing, and we would be growing outwards. Everyone is heading out
of State and out of the area because of the lack of jobs. They are suffocating because of the tax revenues. They
do not have the land and the taxes are costing too much for us to live by, and a lot of are ready to go homeless and
be on the streets. A lot of people would become alcoholics and drug addicts because of all the pressure and crap
going on in the Town. Something has to be done. Either let the parks go on as it is or shut it down. Or lets go on
with our lives and try to make something for the community by building around the colleges instead of letting the
colleges grow around us."
.i
Laura Cohen, Ithaca College, stated "I have two quick points. One would be that this building being
proposed might be built, but what is going to happen in 100 years when Cornell University has grown as much as
it has in the last 100 years? How many more buildings are they going to add on and how much more water is that
going to take out of the lake? My second point is that I get very offended when the Town citizen's concerns are
not taken into consideration. I went to the City Board meeting and was told that my feelings were not enough for
the City to use or bother with. I think it is just important what these people say here as it is as Cornell
University's technical words."
Rebecca Palmer, Cornell University, stated "I have a lot of feelings about this project, but nothing
scientifically. It seems that you have to look at the lake as whole instead of looking at the project. We know the
lake has a problem with contamination of phosphorus and other stuff, but we do not know what sort of knowledge
we have about where that is all coming from. What are the sources? Like why Cayuga Lake is as troubled as it
is? It seems like before we start adding more to that problem we need to understand what is wrong with it now?
We need to understand it because it is all of our lake. It is everyone's lake. We are allowing the lake to be sold in
a way instead of sharing in the responsibility together. We are also giving the lake to someone that is not paying
taxes for it. I think these are two issues that really need to be addressed in terms of who owns the lake, and how
can we make the lake healthier instead of putting it at risk."
Michael Bevans, Trumansburg, read a prepared statement from Richard P. DePaolo and Katherine A.
Praisner at 939 East Shore Drive. (Letter is hereto attached as Exhibit 95.) Mr. Bevans further stated "I would
like to add on a personal note, I express a sincere lack of confidence with this Board if you are going to propose
strong arm tactics such as calling the sheriff to interrupt with a man's constitutional right to the Freedom of
Speech and any lawyer worth his sulk would get up and say the same thing."
Ginger Nickles, Trumansburg, stated "I think that we are all in the very unfortunate position of having to
trust science as we have always been, and science has not been right more than a lot of times. I think it is just
now becoming evident that a lot of decision that science has made in the past have not been the right ones. It has
taken several 100 years for that to be realized. I think a lot more consideration should be given to the scientific
aspects of this proposal, and I do not think anyone on this Board or in this room clearly understands the science
that is involved. That is the most important part of this project. I think what it is going to do the environment and
the future, and not just in the next 25 years, but the next 100 years or so, we have to really look at the science
more carefully and we cannot just trust the money."
Chairperson Wilcox asked if anyone else from the public wished to be heard. No one spoke. Chairperson
Wilcox closed the public hearing, and brought the matter back to the Board for further discussion.
PLANNING BOARD MINUTES 21
APPROVED - APPROVED - APPROVED
APRIL 7, 1998
Board Member Hoffmann stated that she still has concerns about public access to the lake. She would
also like to have something added to make sure there are ways to shut down the
system in case of an emergency.
Someone mentioned that there may be problems with
the pipes breaking down
or wearing
out that could mean
water would release contaminants into the lake water.
There needs to be some
system to
shut down the whole
flow of water into the lake in such a case. She does not
remember is anything was addressed
on that previously.
Mr. Joyce stated that there will be ways to shut down the system quickly and detect a leak if that was a
reason they needed to shut down. The close of the piping system if it does have a leak, the pressure will drop
quickly and they would know immediately is there is a problem. There are automatic isolation valves planned as
part of the distribution piping from the campus to the lake shore. They can shut it down and isolate to see where
the leak is. Initially when the project starts up in the year 2000, there would be 100 percent backup for Lake
Source Cooling. The existing campus chillers will not be shut down at least two to three years from the year the
Lake Source Cooling is started. Initially we would have 100 percent backup. As we test the system and verify
with data that the system is not having any impacts on the lake they will have backup at all times for cooling the
campus. Once the chillers cannot be economically retrofit to other refrigerants or shut down, Cornell University
will be keeping two chillers and the thermal storage tank as part of the design of the system to meet peak loads
and provide backup initially. There will initially be 50 percent backup on those to meet a large percentage of
Cornell University's load under any condition where they would need to shut Lake Source Cooling off. Over time
if there was some reason to shut the system down due to impacts on the lake, which have been discussed, then
they could further mitigate those impacts by trying more designs and different designs for mitigation in the lake.
If those did not work, then Cornell University could slowly build chillers for capacity to supplement Lake Source
Cooling if they need to for example back off on certain hours of operations, times of day or times of year to
minimize impact. If impacts were still there over time they end up building enough chillers over time that Lake
Source Cooling would be reduced to whatever level of operations that was deemed to be acceptable. There is
quite a bit of backup in emergency shut down capabilities for the design and plans for the future.
Board Member Hoffmann stated that she remembers reading in the papers that there were ways of dealing
with situations where it was found that the lake was infected in a different way, but she did not remember reading
about the emergency responses.
Attorney Barney asked Mr. Joyce if there are ways to shut down the pumping that brings the water in
from the lake.
Mr. Joyce responded, yes. The plant will be fully instrument and controlled by operators that will be
watching them 24 hours a day, seven days a week, and 365 days a year, so at anytime the pumps could be shut
down and the plant can be secured.
Board Member Hoffmann stated that she has more questions but it deals with the Draft of the Special
Land Use District. Page 1, paragraph 1, mentions the chillers now provide central cooling for Cornell University,
and in the third paragraph is states "by reducing energy use needed for central cooling by 30 percent." Board
Member Hoffmann asked if this means cooling on central campus or does it mean something else.
Board Member Bell stated that it means a unified system as opposed to individual air conditioning units
sticking out windows of thousand different windows which is directed to central campus.
Attorney Barney stated that the language could be changed to read "now to provide cooling for a
substantial portion of Cornell University's campus."
PLANNING BOARD MINUTES 22 APRIL 7, 1998
APPROVED - APPROVED -APPROVED
Assistant Town Planner Frantz stated that instead of having an air conditioner in each window that this
would be one centralized campus cooling system as opposed to having independent air conditioning for each
building.
Board Member Hoffmann stated that she understands that concept, but it was not clear that is what it
meant. Ms. Hofmann stated that in the second paragraph that states "Cayuga Lake to chilled water and asked
if that should be "to chill water back to the campus."
Assistant Town Planner Frantz responded, yes.
Board Member Hoffmann stated that page 2, point 2a, states "one chilled water plan ", should be changed
to read "one chilled water plant." Ms. Hoffmann stated that under B(i) it talks about all types of facilities that
could be associated with this project, and asked if these are permitted usage's which can be in addition to the
building that is there. '
plant.
Attorney Barney responded, yes, as long as they are associated with or by- product of the chilled water
Board Member Hoffmann asked why those facilities could not be located in the building.
Attorney Barney stated that this does not exclude them from the building, but it does not mandate that
they be in the building either.
Board Member Hoffmann stated that she is worried that there would be a lot of 'built structures on this
property.
Attorney Barney stated that there are other provisions which limits the amount of square footage for
coverage of the area.
Board Member Hoffmann stated that she is concerned that the number of buildings will not be too great
by allowing all these extra uses. The same would be true for the maintenance, repair, servicing, utility,
communications, supply, and storage facilities.
Attorney Barney stated that keep in mind that all of these require special approval and site plan approval
by the Planning Board. This is not something that Cornell University can automatically put a building up because
they would need to come before the Planning Board to justify.
Board Member Hoffmann stated that in this particular case she would like to see if it somewhat limited
from the beginning.
Chairperson Wilcox asked Ms. Hoffmann if she means limiting the building structures.
Board Member Hoffmann responded, yes. She has some question about the acc -essory uses, such as
number 3 (c) Antennae, ray domes, satellite dishes, and similar technical or scientific structures. Some people are
worried how this would look from the lake. She would be very worried about things like that on this land.
Chairperson Wilcox stated that he could see a good reason for a small satellite dish for communications
between this facility and others.
PLANNING BOARD MINUTES 23 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
Board
Member Hoffmann
stated that she
remember reading that this would be limited in height, but she is
still concerned
about the confusion
of things that
could be possible there.
Attorney Barney stated that this is a situation where is a lot is a relatively small lot in the grand scheme of
things. On page 4, paragraph 3, states "Total coverage of ground by structures, road pavement, parking lots, and
pedestrian area pavements shall not exceed 30 percent of the Special Land Use District. Total maximum ground
coverage by buildings alone shall not exceed 20 percent of the Special Land Use District." This is not terribly
more space than what is planned for the building. The building will be 13,000 square feet, and this would give
them another 5,000 square feet of space. There is not a lot of room there for additional building.
Board Member Hoffmann stated that helps, but she is still concerned about some things that are not
particularly attractive looking such as satellite dishes.
d
Attorney Barney stated that would come back to site plan approval. He does not know what the future
will predict. The wave of the future is to have wireless communication, and this would be subject to this Board's
approval. There is a presumption that is valid as long as it meets the criteria for it, but on the other hand absent
of that requires a variance to get. Then a variance is a vent difficult thing to get.
Board Member Hoffmann stated that because of the sensitivity of the site because it is visible from the
lake, the park, and from across the lake, she thinks the Town should be careful on what is allowed. Ms.
Hoffmann asked if on page 4, line 3, if antenna should be plural.
Attorney Barney responded, yes.
Board Member Hoffmann stated that there were some discussions on the buffer zone along the creek, and
on page 5, point (m) it mentions the buffer zone that states "No structure shall be placed nearer than 60 feet from
any residence district. A strip at least 10 feet wide within such buffer area shall be planted or suitable fenced so
as to screen the Special Land Use District from present or future residences."
Attorney Barney stated that there are no structures, it would be 60 foot for a structure. The 10 foot
buffer would either be for fencing or plantings.
Board Member Hoffmann asked if 10 feet would be sufficient for lawn area.
Attorney Barney stated that this Board could change that to 20 to 30 feet if they want to.
Board Member Hoffmann stated that it should be at least a 20 feet wide vegetative strip. On page 6,
point (o), states "Waiver of Requirements: Notwithstanding any other provisions of these performance standards,
no screening shall be required along the portion of the east side of the Special Land Use District that is adjacent to
the New York State Route 13 right- of-way." Ms. Hoffmann asked if this is there so the views would not be
blocked.
Attorney Barney stated that was part of it, and also it seemed pointless to require it because Route 13
itself is a steep hill.
Board Member Hoffmann asked if this would be a good place to add a paragraph about not having any
structures built that would be higher enough to be seen from Route 13. She wants to make sure that this is
understood because this area is an important entrance into Ithaca there.
PLANNING BOARD MINUTES 24 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
Attorney Barney stated that this area is too steep to have any tall buildings.
Assistant Town Planner
Frantz stated that the maximum height
allowed would be
36 feet from the lower
exterior grade. The embankment
of Route 13 at that point it higher than
36 feet above that
grade.
Board Member Hoffmann stated that
on page 7, point 3 (d), mentions the allowance of
parking spaces in
the front yard of any
building or in a buffer
except for any buffer area adjacent to a residence
district when the
Planning Board finds
that such location will
be preferable to locations outside of the front yard or buffer area.
She would like to be sure that one does not allowed
parking along the creek in the buffer area.
The creek should
be left alone as much
as possible.
Attorney Barney asked Mr. Joyce if that would be subject to the 20 foot wide vegetative buffer as well.
16'
Mr. Joyce stated that the site plan drawing that shows the landscaping is the best to illustrate this. In this
drawing they illustrated a dark wavy cloud line that goes on both sides of Renwick Brook, and there is a wider
buffer and consistent buffer on the south side. On the north side they are limited because of the constraints of the
site. The existing driveway needs to be relocated to the south to allow the New York State Electric & Gas, the
New York State Department of Transportation, and the Village of Lansing to access their utilities and structures
on the slope. They went further south on the north side of Renwick Brook, but they did not get to the top of the
dropoff into the brook wall there. They are back from the edge, and there is very little vegetation there right now.
The rock is very close to the surface in that area. The driveway going back there will still remain a buffer edge,
and there is replanting in this area.
Board Member Hoffmann stated that she does not want parking being allowed there because it is
permitted.
Mr. Joyce stated that there could not be parking spaces there because it is high next to the gorge. It
would not be safe to do that, and that is why the parking will be limited to the parking lot.
Mr. Joyce stated that the Special Land Use District does not include the slope that was being discussed
previously. The fill area is not part of the Special Land Use District. The Special Land Use District stops at the
southern PL boundary line. That will be a new property line. Right now this is all one parcel, and this is the
purpose of the subdivision is to break the Special Land Use District out of the current "E" zone parcel there. The
fill area does not become part of the Special Land Use District, and it does not need to be covered any where in
the Special Land Use District. It will remain a piece of Business "E" zone.
Board Member Hoffmann asked if Cornell University owns that parcel.
Mr. Joyce responded, yes.
Board Member Hoffmann asked what is the purpose of this paragraph.
Attorney Barney stated that the reason for the paragraph is to provide a little flexibility because of the
confine of the site. If this Board does not want this type of flexibility it could be omitted.
Board Member Hoffmann asked if the words "or in a buffer area" could be omitted.
Attorney Barney stated that could be done. On the antennas, they are currently just an accessory
permitted use, but in the Special Land Use District they should be subject to special approval.
PLANNING BOARD MINUTES 25 APRs. 7, 1998
APPROVED - APPROVED - APPROVED
MOTION made by Robert Kenerson, seconded by Larry Thaver:
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed
Cornell University Lake Source Cooling Project, proposed to consist of a chilled water plant and a proposed route
for chilled water lines, landscaping and other appurtenances, located at 983 East Shore Drive on a 3.12 +/- acre
portion of Town of Ithaca Tax Parcel No. 19 -1 -5, Business District "E ", and additional lands within the Town of
Ithaca affected by the pipeline route, subject to the following conditions to be met prior to Final Site Plan
Approval:
a. Approval by the Town Board of the request for rezoning from Business "E" to Special Land Use
District, as proposed;
b. Submission of details on the site, location design, and construction materials of all proposed signs
and lighting;
C. Submission of a revised landscaping plan and planting schedule for the Heat Exchange Facility
site.
AND BE IT FURTHER RESOLVED:
That the Town of Ithaca Planning Board hereby grants Preliminary Subdivision Approval for the
proposed subdivision of +/- 0.71 acre from Town of Ithaca Tax Parcels No. 19 -1 -5 and 19 -1 -7 for consolidation
with Town of Ithaca Tax Parcel No. 19 -1 -6, and +/- 0.19 acre from Town of Ithaca Tax Parcel No. 19 -1 -7 for
consolidation with Town of Ithaca Tax Parcel No. 7 -1 -1, as shown on a survey map entitled "Subdivision Map
Showing Lands to be Conveyed to Lowery and the Village of Cayuga Heights, East Shore Drive, Town of Ithaca,
Tompkins County, New York ", prepared by Allen T. Fulkerson, L.S., and dated December 12, 1996, subject to
the following conditions:
a. Approval by the Town Board of the request for rezoning from Business "E" to Special Land Use
District, as proposed, prior to Final Subdivision Approval;
b. Submission of an original or mylar copy and four paper copies of the approved subdivision map
for signing by the Planning Board Chairman,
C. Within six months of this approval, conveyance of the —/'- 0.71 acre from Town of Ithaca Tax
Parcels No. 19 -1 -5 and 194-7 to the owners of Tax Parcel No. 19 -1 -6 for consolidation with
said Tax Parcel No. 19 -1 -6, and submission to the Town Planning Department of a copy of the
deed conveying said parcel and a copy of the request to the Tompkins County Assessment
Department for consolidation of said parcel with Tax Parcel No. 19 -1 -6;
d. Within six months of this approval, conveyance of the +/- 0.19 acre from Town of Ithaca Tax
Parcels No. 19 -1 -7 to the owners of Tax Parcel No. 7 -1 -1 for consolidation with said Tax Parcel
No. 7 -1 -1, and submission to the Town Planning Department of a copy of the deed conveying
said parcel and a copy of the request to the Tompkins County Assessment Department for
consolidation of said parcel with Tax Parcel No. 7 -1 -1.
PLANNING BOARD MINUTES 26 APRIL 7, 1998
APPROVED - APPROVED -,APPROVED
AND BE IT FURTHER RESOLVED.
l . That the Town of Ithaca Planning Board, pursuant to Article XQV, Section 78 of the Town of Ithaca
Zoning Ordinance, hereby finds that:
a. There is a need for the proposed use in the proposed location, and
b. The existing and probable future character of the Town will not be adversely affected by the
proposed rezoning, and
C. The proposed rezoning from Business E to Special Land Use District is in accordance with a
comprehensive plan of development of the Town.
2. That the Town of Ithaca Planning Board hereby recommends that the Town Board enact the proposed
M
local law to amend the Town of Ithaca Zoning Ordinance by rezoning that portion of Town of Ithaca Tax
Parcel No. 194-5, as shown on the map entitled ` I'VIap Showing a Portion of Special Land Use District
Mapping for Cornell University Lake Source Cooling Project.... ", prepared by T.G. Miller, P.C.
Engineers and Surveyors, dated November 6, 19y7 and more specifically described in "Schedule A"
which is included in the proposed local law.
Assistant Town Planner Frantz stated that condition (c) in the first section could be deleted from the
resolution.
Attorney Barney stated that a "AND BE IT FURTHER RESOLVED" shall be added to the resolution
that shall read "That the foregoing approvals are conditioned upon a receipt of an agreement satisfactory to the
Town Board or its designee pursuant to which the public is provided access to the lake."
There being no further discussion, Chairperson Wilcox called for a vote.
AYES - Wilcox, Hoffmann, Kenerson, Thayer.
NAYS - Bell.
The MOTION was declared to be carried.
(NOTE: Formal adopted resolution is hereto attached at Exhibit 46.)
Chairperson Wilcox duly closed the Lake Source Cooling Project at 10:50 p.m..
AGENDA ITEM: CONSIDERATION OF A REVISED SKETCH PLAN WITH REGARDS TO
THE PROPOSED REZONING, SUBDIVISION, AND SITE PLAN APPROVAL FOR THE
PROPOSED CONSTRUCTION OF TWO BUILDINGS, ONE A 46 UNITS - 53 BED ASSISTED
LIVING FACILITY (APPROXIMATELY 28.800 +/- SQUARE FEET), AND THE OTHER A 32 UNIT -
36 BED ALZHEIMER/MEMORY -CARE FACILITY (APPROXIMATELY 18.800 +/- SQUARE FEET)
TO BE KNOWN AS STERLING HOUSE AND WOVEN HEARTS OF ITHACA RESPECTIVELY,
INCLUDING PARKING, LANDSCAPING. AND OTHER SITE IMPROVEMENTS. TO BE
LOCATED ON 8,24 +/- ACRES AT THE INTERSECTION OF NYS ROUTE 96 /TRUMANSBURG
ROAD AND BUNDY ROAD, TOWN OF ITHACA TAX PARCEL NO 27-1-11.24 RESIDENCE
DISTRICT R -15. RICHARD AND NLARY PERRY. OWNERS: PIONEER DEVELOPMENT
COMPANY, LLC, APPLICANT; MICHAEL VILLA. AGENT:
PLANNING BOARD MINUTES 27
APPROVED -APPROVED - APPROVED
APRIL 7, 1998
Chairperson Wilcox duly opened the above noted matter at 10:53 p.m., and read aloud from the Agenda.
Michael Villa, Pioneer Development, stated that Pioneer Development is a diversified development
company that was formed in the mid 1970's. Pioneer Development has developed strip centers, office parks,
hotels, and property management. Pioneer Development also does health business units. Health business units
are assisted living facilities throughout the northeast. Pioneer Development itself is developing throughout the
northeast with office parks to Michigan, Colorado, and Florida. The assisted living health business unit is in New
York, Conneticut, Massachusetts, and Rhode Island.
We started as a health business unit about five years ago and we built, with ourselves as a developer, a
unit in Manlius, call Liberty Commons; and in Kenmore, called Kenmore Commons; and in another facility
outside of Albany called Miskeuno. Those facilities have operators that are hired. We found that assisted living
is a very big item. As Americans age there will be a bigger population to take care of We hope to have a
positive impact on this community and every community we go into to provide the assisted living environment
where people can age gracefully. As part of Pioneers efforts to get into the assisted living environment, we have
gone into a joint venture with Alternative Living Services (ALS). They are out of Brookfield, Wisconsin and they
at the time of the joint venture two years ago, merged with Sterling House. Now they are in the top three of the
assisted living operators in the nation. We have done approximately six assisted living ventures with them at this
time. ALS is operating in twenty five states nationally and has over 11,000 beds.
What we are proposing for the Town of Ithaca is a campus setting, one thirty-two unit, thirty -six bed
facility for Alzheimer's Memory Care, and one forty-six unit, fifty -three bed assisten living facility. The six units
we have done are in Williamsville outside of Buffalo, one in Perinton outside of Rochester, one in the construction
stage in Greece just outside of Rochester. We have two facilities outside of Albany, and one in Clifton Park. We
are currently under development in Elmira, Binghamton, Peekskill, Newburgh, Sarotoga Springs, Orchard Park,
and Niagara.
ALS has been in the assisted living operations since 198 1. There is a market study performed that is
preliminary to determine the need for different areas. The need was seen for Ithaca, and I came in to look for
sites. I will be involved through the completion of the project. The market study is upgraded on a semi annual
basis. When we had a merger with Sterling House we had initially a 36/26, and we have grown to what was
stated before; a 53 bed/36 bed through the upgraded market study. We did take into consideration the facilities
that are up and running in the greater Ithaca area.
The facilities on the board will depict what is proposed, both in a layout of the site (six acres). We had
shown on Bundy Road that we were only 180 feet off of Trumansburg Road. In discussions with Jonathan Kanter
about the proximity to Trumansburg Road we have moved the entrance to 267 feet off of Trumansburg Road.
Board Member Hoffmann asked how the facility would fit into the landscape and how the building would
fit onto the slopesite.
We took a little more property and have hired T. G. Miller and Trowbridge and Wolff to take care of
those designs. It will fit gracefully into the hillside and doesn't take anything away from anyone's view. It will be
a nice site and facility on the west hill of Ithaca.
This site was determined to be the best site in the area after looking at several. It is the best from the
proximity to downtown, the hospital, and shopping which all come into consideration; as well as the necessary
acreage to accomodate the sewer, water, gas, etcetera.
PLANNING BOARD MINUTES 28 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
We are proposing the subdivision of the Perry farm as well as a subdivision of our parcel. The reason is
for our own financial purposes more than anything else. We are also asking for a rezoning to a Special Land Use
District from its present zoning.
Chairperson Wilcox asked if these buildings would have separate ownerships.
Mr. Villa responded that they would be separate entities. We as the developer will develop the property.
We are co- owners on our joint venture with ALS. They will be the operators on site on both. We are subdividing
off the Perry parcel so there will be two different lots, one for each facilitv.
Board Member Bell stated that creates some planning problems that are not anticipated.
Mr. Villa said they would have cross over easements for this facility.
Board Member Bell stated that we have been through this before.
Mr. Villa said they took many things into consideration. Woven Hearts which is the Alzheimer's
Memory Care facility is the farthest off Bundy Road the entrance. The proximity to Trumansburg Road has also
been taken into consideration. There is a three one slope as you come up Trumansburg Road and as far as a
security issue of clients getting out of the facility, should not happen. We cannot guarantee that no one will ever
get out, but it has not happened in any of our facilities.
Tim Jans said that the Woven Hearts facility has been set the furthest away from Bundy Road. It has
three court yards within the facility. One interior and two exterior that have fences and trellis that are used as
security measures. Clients will have the ability to go outside and enjoy the environment without wandering on the
grounds and in the neighborhood.
Mr. Villa said they provide wandering paths around the building. The Alheizmer's patient is only allowed
outside with a care giver or realtive or friend. We also provide between the two buildings a sitting area with
benches. The buildings are stone, brick and aluminum siding.
Mr. Jans said there is a carport on the Sterling House area for dropoff and service. There is wrapped
brick around to the rear and the side of the building to provide architectual beauty. They are very residential in
nature. The same idea is being used for Woven House, there is a porch area in the front and cultured stone with
aluminum siding. There are also textured courtyards.
Board Member Thayer asked where the Perry residence and drive waswas on the map being used for
illustration.
Mr. Jans pointed out those locations on the map, and indicated they have proposed a new driveway along
the exterior of their property. There will be one entrance proposed for Woven Heart and one for the other.
Board Member Thayer asked how many vehichles are anticipated to be coming there daily.
Mr. Villa said there are 38 employees within a twenty -four hour period for both facilities.
Board Member Thayer asked if they had tried to make a left rum coming up Trumansburg Road onto
Bundy Road. It is a very dangerous turn. There have been many accidents there. It is a very difficult spot
PLANNING BOARD MINUTES 29 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
because you can't see the oncoming traffic easily. To add at least thirty eight more cars entering and existing
there on a daily basis could cause problems.
Mr. Villa said the total traffic generation during the peak hours of 7:00 a.m. to 9:00 a.m., on a week day
is 39 vehicles.
Board Member Thayer asked if the Perry's intend to develop the rest of the parcel.
Mr. Villa said he could not answer that question, that would be up to the Perry's or whomever bought the
property from them. If it became a residential area and was further developed there would be more traffic
generation from that than from this proposal.
Board Member Thayer asked if the staff has seen a basic traffic study.
Assistant Town Planner Frantz stated that staff has seen the study, but that the board has not yet seen it.
Mr. Villa illustrated areas of interest to the members from the map, such as the parking areas.
Board Member Kenerson asked what the was expected for providing public transportation, and where
would the buses pull in and out.
Mr. Villa explained that presently there is a bus stop across the road from the proposed site at the
apartment complex on Trumansburg Road. The bus company has said they would stop from both directions.
Mr. Jans said that presently they are proposing a walkway to Bundy Road.
Board Member Kenerson stated that if the bus only stops on the east side then people would be crossing a
busy road.
Chairperson Wilcox stated that if they needed it on the other side they could do that.
Board Member Hoffmann asked what side would have the bus pull -off
Mr. Villa said that right now they pull off on the side where the apartments are, but they only pull off on
the shoulder of the road. We talked to the bus company about possibly putting up a bus shelter on the other side.
Board Member Hoffmann asked if that would be on the same side as the proposed buildings.
Mr. Villa they would have to talk to New York State about stopping on both sides because it is their road.
Now they just pull off on the shoulder.
Board Member Thayer said that is a very busy road to add more traffic, more pull -offs, and more stops.
Board Member Hofmann said that pull -offs should be there already because of all the people who live in
that area.
Board Member Thayer said that there should be three lanes there because of the difficulties in turning.
Board Member Kenerson asked what the current zoning of this property.
PLANNING BOARD MINUTES 30
APPROVED - APPROVED - APPROVED
Assistant Town Planner Frantz stated that this property is zoned R -15.
Board Member Kenerson asked if there is public sewer and water for this property.
Assistant Town Planner Frantz responded, yes.
APRIL 79 1998
Board
Member
Hoffmann stated
that
she was happy to see a side section
here because it would help her
to see how this
fits into
the landscape, but
she
only
sees it from the intersection. It
is a very strange section.
Mr. Trowbridge stated that what is being shown on the drawing is an existing condition and a proposed
condition. The existing conditions actually fills up the site. There is cut and fill on the site. The cut portion is
where the building would be. The small dash shows the existing condition, and the broad shows the proposed
condition. They would need to create a big, flat terrace for these one story buildings. The driveway comes in at
grade. It is really flat so all the circulation would be on a flat terrace as well. There would excavation from the
back of the site to fill towards the front of the site. This is what is being seen on the section drawing. The
drawing is showing a side evaluation of what Woven Hearts building would be. The intent was to show the
Planning Board the grade relationship between Trumansburg Road and the building fundamentally. The building
is located on the drawing to give contexts, but the intent was to show cut and fill calculations.
Board Member Hoffmann stated that she would like to see something more realistic.
Mr. Trowbridge stated that this drawing was not intended to be a view of this site because people never
see all the site from the intersection.
Board Member Thayer asked Mr. Trowbridge if they are proposing to fill before building.
Mr. Trowbridge stated that they would actually be cutting. The building would be sitting on cut
conditions.
Board Member Thaver stated that he was trying to get a feel of what height these buildings would be
because all of the people who live on Perry Lane as they see the beautiful blue Cayuga Lake, they look directly
over that comer lot. If this building obstructs the view of the lake it would not be good for people living on Perry
Lane.
Board Member Hoffmann stated that she visited Perry Lane, and she looked over trying to imagine how
high the building would be.
Mr. Trowbridge stated that at the entrance of the building they would be at 798, the new Perry driveway
would be approximately 824 or 826. There would be approximately 28 feet of grade change from the Perry drive
to the entrance. The buildings would not exceed that. The buildings would be below the proposed Perry
driveway.
Board Member Bell stated that is not a valid way to look at that. The only valid way would be to look at
the site line, which is not horizontal. People would be looking at an elevation up on a hill down to a lake, so the
site line is downward. People cannot take a horizontal line and say that is okay.
Mr. Trowbridge stated that he is not saying that it is okay. All he is trying to do is to give the Planning
Board a piece of information to understand something about the site. He is not answering the question that there
PLANNING BOARD MINUTES 31 APRIL 7, 1998
APPROVED - APPROVED -APPROVED
is nothing in the view. What he is saying is that there is approximately 28 feet of grade change, from where this
building sits, downward. Obviously everything looking down the slope would be seen. People from Perry Lane
would be able to see these buildings no matter what, but they are not going to be high enough so they would need
to look through the building as they are looking at Cayuga Lake. They would be cutting die building into the
grade significantly, it would not be sitting on the existing grade.
Attorney Barney asked Mr. Thayer if he can see Route 96 at the present time from his home.
Board Member Thayer stated that people could see the cars on the road, but not the road itself.
Assistant Town Planner Frantz stated that the Board needs to see a cross section of West Hill from Perry
Lane down to Candlewyck Apartment Complex across the Route 96. Perry Lane is anywhere from 110 to 150
feet higher than the proposed floor evaluations of the site. Mr. Frantz asked if these buildings would be above the
existing Candlewyck Apartment buildings.
Mr. Trowbridge stated that he is not sure if these buildings would be obstructing any views above the
existing roof lines, and that would be a worthwhile study.
Board Member Bell stated that the placement of the dumpster for the Sterling House is in the immediate
line of the sight while someone drives into the whole facility. If the dumpster is moved around further easterly
right in front of the carport the dumpster would be at the intersection of the two buildings. If the dumpster is
moved all the way around it would be next to the other building. If the dumpster is moved around to the back the
dumpster would be next to the deep slope. There is no place to put the dumpster. It just does not look like a very
nice place for the dumpster to be located.
Mr. Villa stated that he agrees with Mr. Bell. The drawings do not show the landscaping that would be
located around the dumpster site.
Board Member Thayer stated that the site plan shows an approximate location of a septic tank.
Mr. Villa stated that the current Perry house is on a septic system.
Mr. Jans stated that they would be eliminating the current septic system with the construction of this
facility. The Perry house would be tied into the Sterling House/Woven Heart's system.
Board Member Bell stated that this is Woven Hearts prototype rending. It is not an exact representation
of what they are presenting on the plan. He understands they do a lot of these projects, but there are a couple of
slight variances which include the fact that the plan shows the sidewalk going to parallel to the front of the
building which is not shown on the drawing. The angle of view in the rendering is an angle of view that would be
barely even possible in the plan. To be able to get that angle of view people would need to be standing inside of
the comer of the building. There is nothing terrible about it, but he just wanted the Board to realize that is not an
angle that can be seen.
Mr. Villa stated that this being a sketch this is just for purposes only to show the Board the building
itself This is not to make any representation of here were the walk will be and the trees will exactally planted,
but this is more of a representation of what the building itself looks like.
PLANNING BOARD MINUTES 32 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
Board Member Bell stated that he has the same comments on the other rendering which was supplied in
the packets, but there is not a large one shown on the board. On the Sterling House, this view is quite a bit
different from the drawing.
Mr. Villa stated that Mr. Bell is correct. The architects did not have a left and a right. The sketch plan
that would be used would be the right one.
Board Member Kenerson asked given the comer and given the comer, would this be a place where this
cort of facility should be allowed. It is zoned residential presently. Mr. Kenerson further asked does the Town
want the West Hill to begin to build up through Route 96 with these attachments with it or not. This would be a
beginning. The Planning Board should at least address these issues from a long range stand point.
Chairperson Wilcox stated that, in his opinion, when there are eight acres in an R -15 there could be
approximately 20 single lots for houses. There could be 50 to 60 people for those houses conung in and out of
that site. If there were duplexes then there could be more houses and people. This is to look at the alternatives of
the site.
Board Member Thayer stated that the proposed use of that land was one acre lots.
Chairperson Wilcox responded, no, this is a R -15 zone. This is the back side of the proposed
Mecklenburg Heights where the future connector road would come through.
Board Member Bell stated that he is concerned about the process of Special Land Use District everything.
Attorney Barney stated that the Town could create a zone like the Ithacare zone for assisted living, but
each project is a tailored thing. The Special Land Use District is a nice wav to be able to tailor the Town's
legislation to regulate that zone only. The developers need guidance.
Assistant Town Planner Frantz stated that when this project was first proposed, he did some research into
the very issue of Special Land Use District. His recommendation for this type of facility that assisted living
facilities can be accommodated into existing residential districts as Special Approvals. There are other options.
Board Member Bell stated that the Town of Ithaca would end up with Special Land Use District all over
the place.
Board Member Hoffmann asked if there would be common rooms or living room space for the people to
use.
Mr. Villa stated that the facilities have gotten larger, not only in the number of units and the number of
beds, but also in the living quarters of the square footage size of the building itself. There is more living areas
than there was before for watching television and for activities, so that is all accommodated and taken into
consideration with the building design.
Board Member Hoffmann stated that she is not entirely sure that was a good thing by increasing the
building in size this way.
Mr. Villa stated that the reason is for the need that is out there. It is not affordable to open a facility that
would only be half full because they would be paying for a whole facility that would be half full. They are
looking at it as to where is the threshold, and how can they fill the building. By doing the market research, it has
PLANNING BOARD MINUTES 33 APRIL 7, 1998
APPROVED - APPROVED - APPROVED
shown that there has been an increase in the Town of Ithaca. They have taken the conservative side in figuring
what the lease rates show in the market research.
Board Member Hoffmann stated that she understands what Mr. Villa is saying, but she thinks it may be
better for people that would live here to have it as home like as possible, and if it becomes too large maybe it is a
negative thing. If there is a need for a certain number of beds it may be better to have two separate facilities.
Mr.
Villa stated that
anyone
could visit any one of
the sites
that are already built and running. People
could see the
environment they
would
be living in, and there
is enough
social interaction also.
Board Member Hoffmann stated that she was not talking about there not being enough room, she was
talking about the facility being much larger than a typical home, so it may be confusing for people who might lose
their way in a building that is just too big.
Glenna
VanGesen,
PDS /ALS, stated
that the homelike atomsphere on the interior
is much different than
anything that is
seen in this
area. It is lovely
and homely. There are dens, country kitchens and living rooms, so
the question Ms.
Hoffmann
is asking if these
people would have the ability to move freely
within the home. She
saw the 38 bed
Windwood
in Wisconsin, and she was amazed at the homeiness where
the people there who
resided in. There is no crowding in size.
Board Member Hoffmann stated that she must not be expressing herself clearly enough. Ms. Hoffmann
asked if anyone understood what she was trying to say.
Mr. Villa asked Ms. Hoffmann if she meant people would be wandering around where they do not know
where they are.
Board Member Hoffmann responded, yes.
Mr. Villa stated that in the Alzheimer /memory -care units there are window boxes on the outside of the
doors where there is no mantiles. People with Alzheimer /memory loss have short memories where they could
walk around and try to recognize their locations.
Diane Bohn, PDC /ALS, stated that she just wanted to mention that when these homes are developed they
are developed for the special needs of the clientele that will be there. For example, for a memory impaired
building they work with an advisory board that has designed the building based on that memory. There are
walking paths, color coordinations, and there is shadow boxes. There are specific ways to get the dining rooms,
living room, or an activity area that is not long, but they are woven with colors. There are textures to decrease
frustration that increases memory. There are a lot of cues along the way. There are not cluttered they are simple,
but they are cue findings and path findings that are color coordinated to get through the building. There are a
variety of different objects or textures along the way for them to find their way. The four elements are very much
integrated to help them find their way and be simple for them to follow. They would not have to go down a long
hall and not know where they are going. The building will be in a circular. They can decrease clutter and
frustration to work with and redirect their energy levels. A lot of memory impaired people are in physical good
health and they can do a lot. It is their memory that is failing, so the house is developed specifically to meet those
needs, and they work with specialized people to develop that home. The house is built around the need of the
customer and not for any other reason.
Board Member Hoffmann asked Ms. Bohn if she sees any difference between a building that has 50 beds
in a building as opposed to 100 beds for this type of assisted living facilities.
PLANNING BOARD MINUTES 34
APPROVED - APPROVED -APPROVED
APRIL 71 1998
Ms. Bohn stated that if the building is designed with the four key elements, a 100 bed versuses a 50 bed
facility should not make any difference. If the design is based on the need in using those four elements it does not
matter the size of the building. Based on objects along the way in the building, helps increase the memory.
Board Member Kenerson asked Ms. Bohn what she thinks of this type of proposal.
Ms. Bohn stated that she thinks there woulc
Because of the design of the building there would be
Mr. Villa stated that these buildings would
some in and build a subdivision on this site that
proposed.
I always be some concerns with any type of facility like this.
no escape hatches for people to escape.
be a one story. With the current zoning now someone could
are colonials that would not be cut filled as this proposal
Chairperson Wilcox duly closed the discussion of Sketch Plan Review at 11:50 p.m..
AGENDA ITEM: APPROVAL OF MINUTES - FEBRUARY 17, 1998
MOTION made by Robert Kenerson, seconded by Eva Hoffman:
RESOLVED, that the Minutes of the February
were hereby approved as written with corrections.
17, 1998, Meeting of the Town of Ithaca Planning Board
There being no further discussion, Chairperson Wilcox called for a vote.
AYES -Wilcox, Hoffmann, Kenerson, Bell.
NAYS - None.
ABSTAIN - Thayer.
The MOTION was declared to be carried.
AGENDA ITEM: APPROVAL OF MIINUTES - MARCH 3, 1998
The March 3, 1998 Planning Board Minutes were not prepared for tonight's approval.
AGENDA ITEM: APPROVAL OF MINUTES - MARCH 17, 1998
The March 17, 1998 Planning Board Minutes were not prepared for tonight's approval.
AGENDA ITEM: ADJOURNMENT:
Upon MOTION, Chairperson Wilcox declared the April 7, 1998, Meeting of the Town of Ithaca
Planning Board duly adjourned at 11:55 p.m.
Prepared by:
Deborah Kelley,
Deputy Town Clerk/Minutes Recorder
PLANNING BOARD LMH�UTES 35 APREL 7. 1994tv
APPROVED - APPROVED - APPROVED
Mary Bryant,
Administrative Secretary for the
Town of Ithaca Planning Board.
TOWN OF ITHACA PLANNING BOARD
126 East Seneca Street
Ithaca. New York 14850
Tuesday. April 7, 1998
AGENDA
7:30 P.M. Persons to be heard.
7:35 P.M. PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed construction of a
41,712 +/- square foot fitness center. consisting of exercise and aerobic rooms. offices, locker rooms.
and two gymnasiums, situated just south of Eastman Hall and immediately adjacent to the outdoor
swimming pool on the Ithaca College campus, located off of Danbv Road/Rte. 96B, Town of Ithaca Tax
Parcel No. 41-1-30.2. Residence District R -15. Ithaca College, Owner /Applicant; R. O'Brien. HOLT &
C Architects, Agent.
7:55 P.-M. Continuation of Consideration of Approval of Statement of Findings regarding Cornell
University's proposal to construct a chilled water plant and a proposed route for chilled water lines
in conjunction with the Lake Source Cooling project, located at 983 East Shore Drive and
additional lands within the Town of Ithaca.
8:10 P.M. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and Prelirtunary Subdivision
Approval for the proposed Cornell University Lake Source Cooling project to consist of a chilled water
plant and a proposed route for chilled water lines, landscaping and other appurtenances, located at 983
East Shore Drive on a 3.12 +/- acre portion of Town of Ithaca Tax Parcel No. 19 -1 -5. Business District
"E ", and additional lands within the Town of Ithaca affected by the pipeline route, and further, a
Recommendation to the Town Board regarding the proposed rezoning of the site of the proposed chilled
water plant from Business "E" to Special Land Use District (SLUD). Cornell University,
Owner /Applicant; W.S. (Lanny) Joyce, P.E., Agent.
9:15 P.M. Consideration of a revised Sketch Plan with regard to the proposed rezoning, subdivision and site plan
approval for the proposed construction of two buildings, one a 46 unit - 53 bed assisted living facility
(approximately 28,800 +/- square feet), and the other a 32 urut - 36 bed Alzheimer /memory-care facility
(approximately 18,800 +/- square feet), to be known as Sterling House and Woven Hearts of Ithaca
respectively, including parking, landscaping and other site improvements, to be located on 8.34 +/- acres
at the intersection of ti`YS Rte. 96/Tnunansbura Road and Bundv Road, Town of Ithaca Tax Parcel No.
27 -1 -11.2, Residence District R -15. Richard and Mary Perry, Owners; Pioneer Development Company.
LLC, Applicant: Michael J. Villa, Agent.
6. Approval of Minutes: February 17, 1998 (distributed at 3/17 meeting)
March 3. 1998 (in packet)
7. Other Business.
S. Adjournment.
Jonathan Kanter, AICP
Director of Planning
273 -1747
NOTE: IF
ANY
INIEINIBER OF THE PLANNING
BOARD IS UNABLE TO .ATTEND, PLEASE NOTIFY IfARY
BRYANT
AT
273 -
1747.
(A quorum of four (4) members is necessary to conduct Plannim, Board business.)
Wednesday, April 1, 1998
TOWN OF ITHACA
PLANNING BOARD
NOTICE Of he
PUBLIC HEARINGS su
Tuesday, April 7, 1998 th
By direction of the b
Chairperson of the Planning In
Board, NOTICE IS HEREBY
GIVEN that Public Hearings o
will be held by the Planning
Board of the Toppwn of Ithaca
at 126 Tuesday, ASeneca Street' ,
on times a cmd on tthe following.
matters,
7:35 p.m. Consideration of
'=inal Site Plan Approval for
-he proposed construction e foot of
41,712 q .
ness center, consisting of ex-
arcise and aerobic rooms, of-
fices, locker rooms, and two
gymnasiums, situated just
immediately adjacent Itoathe
outdoor swimming pool on
the Ithaca College campus, ,
located off of Danby
Rte. 96B, Town of Ithaca Tax
el
Bence D trot R30.2Ithaca
College, Owner /A plicant;
R. O Brien, HOLT & C Ar-
chitects, Agent.
8:1C p.m. Consideration of
Preliminary. Site Plan Ap
proval and Preliminary Su -
division Approval for the pro -
posed Cornell University Lake
Source Cooling pproject to
consist of a d water
Forand a proposed
For chilled water Imes,
landscaping and other apPPur.
ten c Shore Drive on o 3.12 3 Ea e
portion of Town of Ithaca Tax
Parcel No. 19.1 -5, Business
District "E ", and additional
lands within the Town of
Ithaca affected by the e-
line route n to the Town
Board regarding the pro-
posed rezoning of the site of
the proposed chilled water
plaPant from Business "E'
to
(SLUDI! Covell Use
Univversit
Owner / Applicant; W.
(Lanny Joyce, P.E., Agent.
aid Planning Board will at
said times and said place
or all persons in support of
ch matters or objections
ereto. Persons may appear
Y agent or in p
dividuals with v suori menus
ments, hearing impairments
r other spec needs,
be provided withonsfequest
as necessary, P
Persons desiring assistance not
must make such a request
ess than 48 hours prior to the
time of the public hearings.
Jonathon Kanter, AICPg
Director o273 1747
April 1998
TOWN
OF
LKA
PLANNING
BOARD
NOTICE
OF
PUBLIC
HEARINGS
Tiuesuav, -_cr_1 7, 1998
By direction of the Chairperson of the Planning Board, NOTICE IS
GIVEN that Public Hearings h'. 11 be held by the Planning Board of the TOvn
of Ithaca on Tuesdav, April 7, 19981 at 125 Last Seneca Sr_reet, Ithaca,
N.ti., at the following times a�:d On the following matters:
7:35 P.M. Consideration of Final Site Plan Approval for the proposed
construction Of a /x,712 +/- Sallare foot fi�q.neSs Center
consisting of exercise and aerobic rooms, offices, locker
rooms, and two gy Lnasiams, sitlsated jus7,_ south of Eastman Hall
and immediately ad]acenc to the outdoor swimming pool on the
Ithaca College campus, located off of Danby Road /Rte. 96B, Tci,in
of Ithaca Tax Parcel No, 41 -1 -30.2, Residence District R -15,
Ithaca College, Owner /Applicant; R. O'Brien, HOLT & C
Architects, Agent,
8:10 P.M. Consideration of Preliminary Site Plan Approval and Preliminary
Subdivision Approval for the proposed Cornell University Lake
Source Cooling prciect to consist of a chilled water plant and
a proposed route for chilled wa-.er lines, landscaping and other
appurtenances, located at 983 East Shore Drive on a 3.12 +/-
acre portion of To%m of Ithaca Tax Parcel No. 19 -1 -5, Business
District "E ", and additional lands within the Town of Ithaca
affected by the pipeline route, and further, a Recommendation
to the Town Board regarding the proposed rezoning of the site
cf the proposed chilled water plant from Business "E" to
Special Land Use District (SLUR). Cornell University,
Owner /Applicant; W.S. (Lanny) Joyce, P.E., Agent.
Said Planning Board will at said times and said place hear all persons in
support of such matters or ob;ecticns thereto. Persons may appear by
agent or in person. individuals with visual impairments, hearing
impairments or other special needs, will be provided with assistance as
necessary, upon request. Persons desiring assistance must make such a
request not less than 48 hours prior tO the time of the public hearings.
Jonathan
Director
273 -174_7
Dated: Mondav, March 30, 1998
Publish: Wednesday, April 1, 1998
Kanter, AICP
of Plannina
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Karen McGuire sworn, depose and say that I am a Secretary for the Town of Ithaca,
Tompkins County, New York; that the following Notice has been duly posted on the sign board
of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The
Ithaca Journal.
Notice of Public Hearinl?s to be held by the Town of Ithaca Planning Board in Town of Ithaca
Town
Hall, 126 East Seneca Street. Ithaca. New York. on Tuesday. April 7 1998 commencing at 7.30
P.M., as per attached
Location of Sign Board used for Posting: Bulletin Board. Front Entrance of Town Hall.
Date of Posting:
Date of Publication:
March 30. 1998
April 1. 1998
Karen McGuire, Secretary
Town of Ithaca.
STATE OF NEW YORK ) SS.:
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 1 day of C
L+ '/fi't L'
Notary Public.
1998,
JOAN LENT NOTES"
IWART PUBLIC, SPATE OF NiRAlO:
RESIDING IN TOMPKINS COUNTY
REG. NO. 4994047 C L;
WY COMMISSION EXPIRES MARCH 3a .
ADOPTED RESOLUTION:
Ithaca College Fitness Center
Danby Road, Ithaca College Campus
Final Site Plan Approval
Planning Board, April 7, 1998
MOTION by Gre�(ory Bell . seconded by Robert Kenerson:
WHEREAS:
This action is Consideration of Final Site Plan Approval for the proposed construction of a 4 1.7 12 /- square
foot fitness center, consisting of exercise and aerobic rooms. offices, locker rooms. and two g%mnasiums.
situated just south of Eastman Hall and immediately adjacent to the outdoor swimming pool on the Ithaca
College Campus. located off of Danby Road /Rte. 96B. Town of Ithaca Tax Parcel No. 41- 1 -30?, Residence District
R -15. Ithaca College. Owner /Applicant. R. O'Brien. HOLT & C Architects. Arent. and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agencv in
environmental review, has. on February 17. 1998. made a negative determination of environmental
significance with regard to Site Plan Approval. and
3. The Planning Board, at a Public Hearing on April 7. 1998, reviewed and accepted as adequate Drawings labeled
"Ithaca College Fitness Center." Sheet No. L 10 1 , entitled "Grading Plan." Sheet No. L 1021 entitled
"Landscape and Lighting Plan," dated March 9. 1998. a grading plan entitled 'Proposed Ithaca College Fill
Site," dated March 24, 1998, a fill topographic map entitled "Topographic Map Showing Fill Pile
Northeasterly of Emerson Hall, Ithaca College Campus," dated March 11. 1998, all prepared by Holt & C
Architects, T.G. Miller P.C. Engineers and Surveyors. and Trowbridge and Wolf Landscape Architects and
Planners, and additional application materials.
NOW THEREFORE BE IT RESOLVED:
I . That the Planning Board hereby grants Final Site Plan Approval as shown on drawings labeled "Ithaca College
Fitness Center," Sheet No. L 101, entitled "Grading Plan," Sheet No. L 102, entitled 'Landscape and Lighting
Plan," dated Nlarch 9, 1998, a grading plan entitled "Proposed Ithaca College Fill Site," dated March 24, 1998, a
fill topographic map entitled "Topographic Map Showing Fill Pile Northeasterly of Emerson Hall. Ithaca
College Campus," dated iVlarch 1 1, 1998. all prepared by Holt & C Architects. T.G. Miller P.C. Engineers and
Surveyors, and Trowbridge and Wolf Landscape Architects and Planners, and additional application materials
subject to the following conditions:
a. Submission of construction details for the Ithaca College fill site to include erosion and sediment
control measures, as well as the diversion and retention Swale construction details to be approved
by the Town Engineer, prior to the issuance of a building permit.
b. Granting of Special Approval and Height Variance from the Zoning Board of Appeals for the
construction of the fitness center, prior to the issuance of a building permit.
AYES - Wilcox. Hoffmann. Bell. Kenerson. Thayer.
NAYS - None.
MOTION was declared to be carried unnnimously.
Karen McGuire, Secretary. Town of Ithaca.
-y.
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ADOPTED RESOLUTION: Cornell University Lake Source Cooling Project
Adoption of SEQR Findings Statement
983 East Shore Drive
Planning Board, April 7, 1998
MOTION by Robert Kenerson. seconded b% Eva Hoffmann:
WHEREAS:
1. This action is the Consideration of Approval of Statement of Findings regarding Cornell University's proposal to
construct a chilled water plant and a proposed route for chilled water lines in conjunction ith the Lake Source
Cooling Project. Actions before the Town of Ithaca Planning Board include the referral from the Town Board
requesting a recommendation from the Plannin; Board regarding the proposed rezoning of the site of the proposed
chilled water plant from Business District "E" to Special Land Use District (SLUD), as well as site plan approval
and subdivision approval for the project. located at 983 East Shore Drive on a 3.12 - acro-portion of Town of
Ithaca Tax Parcel No. 19 -1 -5, Business District --E ". and additional lands within the Town of fthaca affected by the
pipeline route. Cornell University. Owner/Applicant: W.S. (Lanny) Joyce. P.E.. Agent. and
2. This is a Type I Action for which the NeN� York State Department of Environmental Conservation has been
designated to act as Lead Agencv in environmental review, and
3. The Town of Ithaca Planning Board is an Im olved Agency with regard to required site plan approval and
subdivision approval, and
4. The New York State Department of Environmental Conservation, acting as Lead Aoencv in environmental
review for said Lake Source Cooling Project and pursuant to Article 8 of the Environmental Conservation Law
and 6NYCRR Part 617has: 1) made a positive determination of environmental significance: and 2) overseen
the preparation, completion and acceptance of a Draft Environmental Impact Statement and a Final
Environmental Impact Statement; and 3) issued its own Findings Statement with regard to said Project, and
5. Pursuant to Article 8 of the Environmental Conservation Law and 6NYCRR Part 617, the Planning Board is
required to issue its own Findings Statement with regard to said Project, and
6. The Planning Board, at a Public Hearing on March 17, 1998, and at its regular meeting on April 7, 1998, has
reviewed a draft Findings Statement prepared by the Town Planning Department, comments received from
members of the public regarding the proposed Lake Source Cooling facility and its potential impacts on the
environment, and other information and materials related to the proposed facility.
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board does hereby adopt the Findings Statement for the Final Environmental
Impact Statement for the proposed Cornell University Lake Source Cooling Project.
AYES - Wilcox, Hoffmann, Kenerson, Thayer.
NAYS - Bell.
The MOTION was declared to be carried.
i,�U2
Karen McGuire, Secretary, Town of Ithaca.
Bryant 'Cim in istrative ,Tec retary.
// v
COPY
State Environmental Quality Review
FINDINGS STATEMENT
Cornell University Lake Source Cooling Project
Town of Ithaca Planning Board
April 7, 1998
Pursuant to Article 8 (State Environmental Quality Review Act- SEQRA) of the Environmental
Conservation Law and 6NYCRR Part 617, the Town of Ithaca Planning Board makes the following
findings.
Name of Action: Site Plan Approval and Subdivision Approval for Cornell University 's proposed
Lake Source Cooling Project
Description of action: Site Plan Approval and Subdivision Approval to construct and operate a cooling
system for the Cornell University campus. The system will draw a maximum of 46 mgd per day (32,000
gpm) of cold water from Cayuga Lake at a depth of approximately 250 feet through a 63 -inch closed -loop
pipeline extending two miles from the shoreline Heat Exchange Facility (HEF), proposed to consist of a +/-
14,400 sq, ft, structure at 983 East Shore Drive. Within the HEF the cold water will circulate through heat
exchangers where it will absorb heat from water in the 42 -inch closed -loop pipeline extending 2.4 miles
from Cornell's central cooling system to the HEF. The chilled water will be circulated back: to the
university through the closed -loop pipeline. The warmed lake water will be returned to the lake through a
48 -inch diameter 500 foot long outfall pipe that terminates with a 75 foot long diffuser. The system is
designed so that the Cayuga Lake water will never mix with the campus chilled water in the 42 -inch closed -
loop pipeline.
Location: The HEF building and pumping facilities will be located at 983 East Shore Drive, Ithaca,
New York on approximately 13 acres. The overall project is located in both the Town and City of Ithaca,
and the Village of Cayuga Heights, Tompkins County. The project will also be located in Cayuga Lake as
described in the "Description of Action" above. The Town of Ithaca Planning Board is considering Site
Plan approval and Subdivision Approval for those portions of the project located within the Town of
Ithaca.
Agency Jurisdiction: Site Plan Approval. Subdivision Approval, and recommendation to Town
Board with regard to request for rezoning from Business "E" to Special Land Use District (SLUD).
Date Final EIS Filed: December 3,1997
Facts and Conclusions in the EIS Relied Upon to Support the Decision:
General
The record regarding the above referenced proposal. including a Draft Environmental Impact Statement
(DEIS) and Final Environmental Impact Statement (FEIS). a Findings Statement by the New York State
Department of Environmental Conservation, a public hearing held by the Town of Ithaca Planning Board
on March 17, 1998, and other materials submitted as part of the applicant's submission, provide an
adequate basis to make the findings required by SEQRA.
Discussion
With regard to impact on aesthetic resources, specifically the east shore of Cayuga Lake and the view
toward said shore from the lake itself:
1. a redesign of the exterior of the proposed Heat Exchange Facility (HEF) structure addresses the
concerns which had been raised regarding the aesthetic qualities of the proposed structures, and its
potential visual impact;
2. a landscape planting plan prepared by Gryphon International Engineering Services, Inc, for the
applicant (drawing #1142SP02 -PC, dated 11/97) further mitigates potential adverse aesthetic
impacts of the project through the use of native trees, shrubs and wildflowers to partiatly screen the
proposed HEF structure and restore disturbed areas of the site;
3s the proposed 50 ft. wide buffer comprised of existing trees and other vegetation between the
proposed spoil site and East Shore Drive/ Rte. 34, and between the proposed spoil site and
Renwick Brook to the north, are adequate to mitigate the visual impact of said spoil site.
With regard to impact on Cayuga Lake, the record, summarized in part in the Findings Statement of the
New York State Department of Environmental Conservation dated January 7, 1998, shows that:
1. the direct impacts to aquatic resources such as Mysis relicta, alewife, rainbow smelt, lake trout and
other fish species have been addressed, have been mitigated to the extent practicable, and are not
expected to result in significant adverse impacts to said resources;
2. the cold water drawn from the bottom of Cayuga Lake will be returned to the lake at temperatures
which will on average be 10 degrees to 15 degrees warmer than its original temperature of 41
degrees. The use of a diffuser designed to expedite the mixing of the returned water with the water
surrounding the outfall is expected to significantly minimize the impact of warmer water in the area
in the vicinity of the proposed outfall. Given this and documentation provided in the Draft (DEIS)
and Final EIS (FEIS), and DEC Findings Statement, no significant adverse impacts are anticipated
as a result of the proposed discharge of warmer water from the proposed outfall;
3. due to the relatively small scale of and the time of year during which the maximum discharge from
the proposed HEF outfall pipe of phosphorus will occur, the total increase in the phosphorus inputs
into southern Cayuga Lake as a result of operation of the proposed facility is not expected to result
in any significant adverse impacts to water quality.
With regard to impacts from noise generated by the proposed Heat Exchange Facility (HEF), the record
shows that the projected increase in noise anticipated as a result of the proposed HEF facility will not
create any significant adverse impacts, including impacts to nearby residences and their occupants. The
primary sources of noise from the proposed facility have been identified as a set of exhaust fans which will
be located along the rear wall of the structure. The noise which is expected to emanate from their location
will be directed at the hillside to the east of the structure, where much of it is expected to be absorbed by
the vegetated slope.
With regard to impact on public access to Cayuga Lake, no significant adverse impacts are anticipated as a
result of the proposed action, as Cornell University does not plan as part of the proposed project to
terminate or curtail the operations of the existing commercial marina on the site, and future: oppomulities
for public access to Cayuga Lake via this property will not be precluded.
With regard to traffic impacts, such impacts are expected to be limited to temporary, localized traffic
diversions or stoppages commonly associated with construction activity within highway and street
alignments, and construction related traffic. No significant adverse impacts to existing traffic patters, either
long term or short term, are anticipated due to the proposed project.
With regard to the use of the clearing and grading of -/- ? acres off East Shore Drive to the north of the
proposed HEF for use as a temporary staging area, no significant adverse impacts are anticipated either in
the short term during construction, or the long tern. The area in question has already undergone
considerable disturbance, and consists primarily of old field, brush and small trees. In accordance with
project plans, it will be re- vegetated at the close of construction
With regard to drainage impacts, no significant adverse impacts with regard to potential for erosion, drainage
or flooding problems are expected as a result of the proposed action. The project as designed incorporates
facilities adequate to control the expected increase in stormwater runoff after completion of the project in a
manner that mitigates any potential adverse impacts from such runoff, The proposed measures for preventing
erosion and sedimentation during the construction phase of the project are expected to minimize the potential
adverse impacts commonly associated with erosion and sedimentation.
Dredging associated with the construction of the proposed intake and outfall pipes is expected to produce
suspended sediments in the lake. The mitigating measures proposed by the University however are expected to
prevent these suspended sediments from creating any significant adverse impacts to water quality.
Merits and Drawbacks of Alternatives to the Proposed Lake Source Cooling System
The "no action" alternative, or decision not to proceed with the proposed project, would entail continued
reliance by Cornell University on its existing chilling system which is dependent on CFC refrigerants. Due
to regulatory constraints on the availability of such refrigerants over the long tern, continued operation of
the existing chilling technology using CFCs is not a viable long-term alterative.
The Final Environmental Impact Statement (FEIS) has considered the use of newer chilling equipment that
would utilize refrigerants with low or no ozone depletion potential. Although this approach may be
practicable, it would require the replacement of six of seven existing chilling units currently operated by the
University, and result in the consumption of approximately five times more electrical energy than the
proposed Lake Source Cooling project.
Use of Cayuga Lake as proposed by the University, for its chilled water needs, is expected to benefit the
environment by reducing the demand for electrical energy, and attendant combustion of fossil fuels.
The Lake Source Cooling project will also provide benefits to local communities, including road, sidewalk
and utility improvements for the City of Ithaca and Town of Ithaca, not possible under the! alternatives
considered.
CERTIFICATION OF FINDINGS TO APPROVE
Having considered the DEIS and FEIS, and the Hearing Record and having considered the preceding
1
written facts and conclusions relied upon to meet the requirements of 6NYCRR 617.9, this Statement of
Findings certifies that:
1. The requirements of 6NYCRR Part 617 have been met;
2. Consistent with the social, economic and other essentJ
reasonable alternatives thereto, the action approved is
adverse environmental effects to the maximum extent
disclosed in the environmental impact statement, and
al considerations from among the
one which minimizes or avoids
practicable; including the effects
3. Consistent with social, economic and other essential considerations, to the maximum extent
practicable, adverse environmental effects revealed in the environmental impact statement
process with be minimized or avoided by incorporating as conditions to the decision those
mitigative measures which were identified as practicable.
Signature of Responsible
Chairman
Title
ial
Town of Ithaca Planning Board
Agency
(F aN A4ME: \38PI� .ti'\DEVREVC`CURREYr%=CF[ND.DOC)
Fred T. Wilcox. III
Name of Responsible Official
Da
ADOPTED RESOLUTION: Cornell University Lake Source Cooling Project
983 East Shore Drive
Preliminary Site Plan Approval, Preliminary Subdivision .approval &
Recommendation to Town Board with Regard to Request for Rezoning
Planning Board, April 7, 1998
MOTION by Robert Kenerson, seconded by Larry Thayer:
WHEREAS:
1. This action is the Consideration of Preliminary Site Plan Approval and Preliminary Subdivision Approval
for the proposed Cornell University Lake Source Cooling project. proposed to consist of a chilled water plant
and a proposed route for chilled water lines . landscaping and other appurtenances. located at 983 East Shore
Drive on a 3.12 +/- acre portion of Town of Ithaca Tax Parcel No. 19 -1 -5. Business District '-E and
additional lands within the Town of Ithaca affected by the pipeline route. and further:a recommendation to
the Town Board regarding the proposed rezoning of the site of the proposed chilled water plant from Business
District "E" to Special Land Use District (SLUD). Cornell University. Owner /Applicant: W.S. (Lanny) Jo%-ce.
P.E.. Agent. and
?. This is a Type I Action for which the New York State Department of Environmental Conservation has been
designated to act as Lead A(zenc%- in environmental review, and
3. The New York State Department of Environmental Conservation. acting as Lead Agency in environmental
review for said Lake Source Cooling Project and pursuant to Article 8 of the Environmental Conservation
Law and 6NYCRR Part 617. has: 1) made a positive determination of environmental significance; and ?)
overseen the preparation, completion and acceptance of a Draft Environmental Impact Statement and a
Final Environmental Impact Statement: and 3) issued its own Findings Statement with regard to said
Project, and
4. The Town of Ithaca Planning Board. acting as an Involved Agency with regard to site plan approval and
subdivision approval, has pursuant to Article 8 of the Environmental Conservation Law and 6NYCRR Part
617, issued its own Findings Statement with regard to said Project. and
�. The Planning Board, at a Public Hearing on April 7. 1998, has reviewed an application submission which
includes a set of maps, drawings and renderings as listed in Appendix A attached hereto. a survey map
entitled "Subdivision Map Showina Lands to be Conveyed to Lowery and the Village of Cavuga Heights.
East Shore Drive. Town of Ithaca. Tompkins County. NY ", prepared by Allen T. Fulkerson. L.S.. and dated
December 1'. 1996, a map entitled "Map Showing a Portion of Special Land Use District Mapping for
Cornell University Lake Source Cooling Project...." prepared by T.G. Miller. P.C. Engineers and
Surveyors. dated November 6, 1997, a draft of a proposed Local Law establishing a Special Land Use
District on that portion of Tax Parcel No. 19 -1 -5 proposed to be rezoned from Business District "E and
other information and application materials.
ADOPTED RESOLUTION: Cornell University Lake Source Cooling Project
983 East Shore Drive
Preliminary Site Plan Approval, Preliminary Subdivision Approval &
Recommendation to Town Board with Regard to Request for Rezoning
Planning Board, April 7, 1998
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereb%- grants Preliminary Site Plan Approval and Preliminary
Subdivision Approval for the proposed for the proposed Cornell University Lake Source Cooling project. proposed
to consist of a chilled water plant and a proposed route for chilled water lines , landscaping and other appurtenances.
located at 983 East Shore Drive on a 3.12 — - acre portion of Town of Ithaca Tax Parcel No. r9. -1 -5. Business District
"E". and additional lands within the Town of Ithaca affected by the pipeline route. subject to the following conditions:
a. Approval by the Town Board of the request for rezoning from Business "E" to Special Land Use District, as
proposed:
b. submission of details on the size, location design and construction materials of all proposed signs and lighting:
AND BE IT FURTHER RESOLVED:
hat the Town of Ithaca Planning Board hereby grants Preliminary- Subdivision Approval for the proposed
subdivision of +/- 0.71 acre from Town of Ithaca Tax Parcels No. 19 -1 -5 and 19 -1 -7 for consolidation with Town of
Ithaca Tax Parcel No. 19 -1 -6. and 0.19 acre from Town of Ithaca Tax Parcel No. 19 -1 -7 for consolidation with
Town of Ithaca Tax Parcel No. 7 -1 -1. as shown on a surrey map entitled 'Subdivision Map Showing Lands to be
Conveyed to Lowery and the Village of Cayuga Heights. East Shore Drive. Town of Ithaca, Tompkins County.
NY ", prepared by Allen T. Fulkerson. L.S.. and dated December 12, 1996, subject to the following conditions:
a. submission of an original or molar cope and four paper copies of the approved subdivision map for signing
by the Planning Board Chairman:
b. within six months of this approval. conveyance of the }-/- 0.71 acre from Town of Ithaca Tax Parcels No.
19 -1 -5 and 19 -1 -7 to the owners of Tax Parcel No. 19 -1 -6 for consolidation with said Tax Parcel No. 19 -1 -6.
and submission to the Town Planning Department of a copy of the deed conveying said parcel and a copy
of the request to the Tompkins County Assessment Department for consolidation of said parcel with Tax
Parcel No 19 -1 -6:
C. within six
19 -1 -7 to
submissio
request to
No 7 -1 -1.
months of this approval. conve-vance of the +'-
the owners of Tax Parcel No. 7 -1 -1 for cons
1 to the Town Planning Department of a cope of
the Tompkins County Assessment Department
0.19 acre from Town of Ithaca Tax Parcels No.
olidation with said Tax Parcel No. 7 -1 -1. and
the deed conveying said parcel and a copy of the
for consolidation of said parcel with Tax Parcel
ADOPTED RESOLUTION: Cornell University Lake Source Cooling Project
983 East Shore Drive
Preliminary Site Plan .approval. Preliminary Subdivision .approval &
Recommendation to Town Board with Regard to Request for Rezoning
Planning Board. April 7. 1998
AND BE IT FURTHER RESOLVED:
1. That the Town of Ithaca Planning Board. pursuant to Article XI`". Section 78 of the Town of Ithaca Zoning
Ordinance, hereby finds that:
a. There is a need for the proposed use in the proposed location. and
b. The existing. and probable future character of the Town will not be adversely affected by the
proposed rezoning. and
C. The proposed rezoning from Business E to Special Land Use District
2. That the Town of Ithaca Planning. Board hereby recommends that the Town Board enact the proposed local
law- to amend the Town of Ithaca Zoning. Ordinance by rezoning that portion of Town of Ithaca Tax Parcel
No. 19 -1 -5, as shown on the map entitled " Map Showing a Portion of Special Land Use District Mapping
for Cornell University Lake Source Cooling. Project.... ' prepared by T.G. IMiller, P.C. Engineers and
Surveyors, dated November 6. 1997 and more specifically described in "Schedule A" which is included in
the proposed local law.
AND BE IT FURTHER RESOLVED:
That the foregoing approvals are conditioned upon receipt of an agreement satisfactory to the Town Board or its
designee pursuant to which the public is provided access to the lake._
ADOPTED RESOLUTION:
Appendix A
title
Cornell University Lake Source Cooling Project
983 East Shore Drive
Preliminary Site Plan .approval, Preliminary Subdivision Approval &
Recommendation to Town Board with Regard to Request for Rezoning
Planning Board. April 7. 1998
Site Location Map
Lake Source Cooling Project Boundary Map
Town of Ithaca Heat Exchanize Facilitv Existinu Site Plan
Town of Ithaca Heat Exchan`e Facilitv New Site Plan
Cornell University LSC Hascup Lorenzini Architects
Marina Site, Site Plan Town of Ithaca
Lakeshore Restoration Plan
FIEF Site Erosion & Sediment Control
Erosion Control - Fig. C -16 -26
Soil Disposal Area Erosion Control Detail
HEF & Soil Disposal Site Soil & Erosion Control
Measures
AYES - Wilcox. Hoffmann. Kenerson. Thaver
NAYS - Bell.
The MOTION was declared to be carried.
1 A
Karen McGuire. Secretary, Town of Ithaca
Sheet /Drawing, Number
VA
NA
Drawin <gy No. 1142SPOI -PC
Date
a
March 1997
7/25/96. Rev. 11/8/97
November 1997
Drawina No. 1142SP02 -PE November 1997
(rendering) 1997
1 101 BC 11 -PE March 1997
CRK021 -A -PA March 1997
Drawing No I101SW2I PC h /larch 1997
Drawina No. 1101 BC20 -PC Nlarch 1997
Figure C -16 -12 March 1997
Figure C -16 -11 MMarch 1997
iVlar-v Brvant
4
inistrat)Ae Secretary
ADOPTED RESOLUTION: Cornell University Lake Source Cooling Project
983 East Shore Drive
Preliminary Site Plan Approval. Preliminary Subdivision Approval
Recommendation to Town Board with Regard to Request for Rezoning
Planning Board. April 7,1998
APPENDIX B
List of Attachments of Pipeline Route Landscaping,
and Sediment and
Erosion Control Methods
Lake Source Cooling
LIST OF FIGURES
figure
No.
TN 13BL01 Basemap Town of Ithaca Landscape Plan
TN 14BL01 Basemap Town of Ithaca Landscape Plan
TN 1 SBLO l Basemap Town of Ithaca Landscape Plan
TN 16BL01 Basemap Town of Ithaca Landscape Plan
TN17BL0I Basemap Town of Ithaca Landscape Plan
TN18BL0I Basemap Town of Ithaca Landscape Plan
TN 19BLO l Basemap Town of Ithaca Landscape Plan
TN20BLOI Basemap Town of Ithaca Landscape Plan
TN21BLOI Basemap Town of Ithaca Landscape Plan
- rN22BL01 Basemap Town of Ithaca Landscape Plan
J23BL01 Basemap Town of Ithaca Landscape Plan
TN24BLO l Basemap Town of Ithaca Landscape Plan
TN25BL0I Basemap Town of Ithaca Landscape Plan
TN26BL0I Basemap Town of Ithaca Landscape Plan
TN27BL0I Basemap Town of Ithaca Landscape Plan
TN28BL01 Basemap Town of Ithaca Landscape Plan
TN29BL01 Basemap Town of Ithaca Landscape Plan
1 101 BA 10 Figure C -16 -8 Stream and Drainageway Crossings Town of Ithaca
Figure C -16 -3 Typical Trench Breaker Detail
Figure C- 16 -16 -41 Pleasant Grove Brook Steam Crossing
1101SW01 Erosion Control - Figure C -16 -28 Renwick Brook- Drainageway A
Town of Ithaca
1 IOISW02 Figure C -16 -29 Erosion Control - Drainagewav B Town of Ithaca
1 101SW03 Figure C -16 -30 Erosion Control- Drain ageways C &D Town of Ithaca
1 IO1SWO4 Figure C -16 -31 Erosion Control - Drainagewav E Town of Ithaca
1101SW05 Figure C -16 -32 Erosion Control- Drainagewaw F Town of Ithaca
I IO1SW06 Figure C -16 -33 Erosion Control- Drainageways G Town of Ithaca
1 lO1SW07 Figure C -16 -34 Erosion Control- Drainageways H Town of Ithaca
1 IOISW08 Figure C -16 -35 Erosion Control- Drainageways I Town of Ithaca
1101 SW09 Figure C -16 -36 DEC Stream =70- Drainagewav J Town of Ithaca
1 101 SW 10 Erosion Control Figure C -16 -3 7 Pleasant Grove Trook- Draina_sewav K
Town of Ithaca
I I01SW11 Figure C -16 -38 Erosion Control at Bovnton Middle School Town of Ithaca
1101SW12 Figure C -16 -39 Erosion Control- Drainageways L &M Town of Ithaca
1101SWl3 Figure C -16 -40 Erosion Control- Between Culverts at Boynton School
Town of Ithaca
Figure C -16 -15 Typical Sod Drop Inlet Protection
Figure C -16 -16 Tvpical Excavated Drop Inlet Protection
Figure C -16 -17 Typical Erosion Control Details