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HomeMy WebLinkAboutPB Minutes 1998-12-01FILED TOWN :+ ITHACA. Date / TOWN OF ITHACA PLANNING BOARD DECEMBER 1, 1998 The Town of Ithaca Planning Board met in regular session on Tuesday, December 1, 1998, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Fred Wilcox, Eva Hoffmann, Gregg Bell, Robert Kenerson, James Ainslie, Tracy Mitrano, Larry Thayer, Jonathan Kanter (Director of Planning), John Barney (Attorney for the Town), Christine Balestra (Planner). EXCUSED: Daniel Walker (Director of Engineering), George Frantz (Assistant Town Planner). OTHERS: Zoning Board of Appeals Member Harry Ellsworth, 152 Honness Lane; R. H. Seeley, 332 Hurd Road; Jagat Sharma, 312 East Seneca Street; Elizabeth Harness, WHCU Radio; Ellen, Oskar, Robin Schmidt, 8 Genung Circle; Dave Herrick, T.G. Miller P.C.; Bill Seldin, 120 Northview Road; Town Board Member Carolyn Grigorov, 629 Coddington Road; Larry Turchin, Traffic Solutions; Nancy Krook, 113 Pine Tree Road; Beverly Livesay, 147 Snyder Hill Road; Chris and Mike Miller, 1 John Street; Martha and Steven Robertson, 1655 Ellis Hollow Road; Edward Rogers, Bryant Park Civic Association; Frank Baldwin, 149 Pine Tree Road; Richard Fischer, 135 Pine Tree Road; Faith Chase, 106 Comfort Road; Martin and Susan Shefter, 145 Pine Tree Road; Bob Rowe, Rowe Restaurant Industries; John Gutenberger, Cornell University; Town Board Member Mary Russell, 955 Coddington Road, Chairperson 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 November 23, 1998, and November 25, 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 Danby, 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 November 25, 1998. (Affidavit of Posting and Publication is hereto attached as Exhibit #1) 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 at 7:38 p.m. AGENDA ITEM: SEQR Determination, Best Western University Inn Modifications, 1020 Ellis Hollow Road. Chairperson Wilcox opened the SEQR Determination for Best Western University at 7:38 p.m. PLANNING BOARD PAGE 2 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - J4NE- •1RY 19, 1999 - APPROVED - APPRO PED - APPRO LED Jagat P. Sharma, Jagat Sharma Architects, stated Best Western is proposing modifications to the interior of the building and site work. Best Western has four buildings, A, B, C, and D. Building A is a two -story building. The lower floor earlier was a restaurant and a Dunkin' Donuts. These spaces will be converted into additional guest rooms. A retaining wall on the east side of the building is proposed and a second egress. Best Western is proposing to rebuild and relocate the current sign. The third part of the project is to convert the current breakfast area in Building D into another guest room. Mr. Sharma stated he combined the new and old floor plans of the lower and upper levels onto one drawing. Mr. Sharma presented the drawings to the board. He explained the cream color represents the areas to be removed. The red color represents what is proposed. The previous lower restaurant spaces will be six guest rooms. The corridor and bathroom will be relocated. The interior stairway and storage area will be replaced with a guest room. A walkway will be created at both levels. An interior stairway will be created in the lobby to connect the two levels. The second floor currently enters into a lobby, conference room and one guest room. Two guest rooms will be removed and replaced it with one at the previous interior stairway. The open stairs, larger lounge area, administrative desks and offices will be relocated. Mr. Sharma stated windows will be relocated and new ones created. The windows will be relocated and it is hard to match materials. They are proposing to have the new conference room facade in stucco. Two more windows will be added on the east side of the conference room. The present sign on the building is attached to the top of the roof. The sign is barely visible from the parking lot. Many guests have not been able to locate the Inn. Mr. Sharma explained they are proposing to have the covered canopy remain and rebuild the top of the canopy with a new sign located in the middle. The sign will be back lit. They are also proposing to highlight the shape of the new porthole with fiber optic lighting. This is different from neon lighting. It has been used in a recent Collegetown project. Compared to lights in windows, it barely stands out. It gives glow and outlining of the building. A sign variance will be needed from sections 6.01 -3, 6.014. Lights are not permitted around signs, therefore, a variance is needed. Mr. Sharma stated the landscape plan, drawing L2, shows the current landscape as well as the proposed. The Norway Maple marked A will remain. Five of the plantings marked B will be kept. Eight plantings marked E will be planted. Along the retaining wall fourteen Spirea Bumalda Gold Flames will be planted. Best Western will still be complying with parking requirements even though some spaces are eliminated by additional rooms. Board Member Hoffmann asked why new restaurants were not coming into East Hill Plaza. Mr. Sharmaa responded he was not sure, but he assumed the businesses were not doing well. Board Member Hoffmann stated she was unsure why the hotel would not want to have a place for their guests to east breakfast. Mr. Sharma stated there are places at the plaza where guests are able to eat. Best Western still supplies a continental breakfast service. Director of Planning Kanter stated many motels and hotels this size serve a continental breakfast to guests in the lobby free of charge. 1 PLANNING BOARD PAGE 3 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated he did not see an eastern elevation. Mr. Sharma replied there is an eastern elevation within the set of big maps. Chairperson Wilcox stated the applicant will need a side yard setback variance. Board Member Hoffmann asked if only the center of the sign would be lit. Mr. Sharma responded only Best Western would be lit. Board Member Hoffmann stated she is unsure if the fiber optic lighting is permitted. Attorney Barney stated it is prohibited. It is prohibited until there is a change in the ordinance or a variance. The sign law has a specific ordinance against outlining of buildings and strings of lights. Strings of lights are allowed during the holiday season only. Mr. Sharma stated the tight is minimal. With no further discussion, Chairperson Wilcox closed the SEQR Determination for Best Western at 8:01 p.m. MOTION by Lawrence Thayer, seconded by Tracy Murano: WHEREAS: 1. This action is Consideration of Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals regarding Special Approval and Sign Variance, for interior and exterior modifications to the Best Western University Inn, located at 1020 Ellis Hollow Road; Town of Ithaca Tax Parcel No. 62- 2-13.7, Business District C. Cornell University, Owner; Southern Tier Hospitality, LLC, Applicant; Jagat Sharma, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board, on December 1, 1998, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part I, submitted by the applicant, and a Part II, prepared by the Town Planning Department, drawingsentitled "Alterations to Best Western University Inn, East Hill Plaza, Ithaca, New York; " Sheet No. LI, entitled "Site Plan, " Sheet No. A1, entitled "Existing Floor Plans, " Sheet No. A2, entitled "Proposed Floor Plans, " and Sheet No. A3, entitled "Building Elevations, " all dated October 26, 1998, and Sheet No. L2, entitled "Planting Plan ", dated November 20, 1998, all prepared by Jagat P. Sharma, Architect, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed site plan. PLANNING BOARD PAGE 4 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED NOW, THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and , therefore, neither a Long Environmental Assessment Form nor an Environmental Impact Statement will be required AYES - Wilcox, Hoffmann, Bell, Ainslie, Kenerson, Thayer, Mitrano. NAYS - None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals Regarding Special Approval for interior and exterior, modifications to the Best Western University Inn, located at a1020 Ellis Hollow Road, Said modifications include converting vacant restaurant space on the lower level of the Inn to guest rooms and rearranging the floor layout of the second level, replacing an existing fence surrounding the pool area, constructing a new retaining wall and walkway at the east end of the main building (Building A), and other modifications. Said proposal may also require a Sign Variance from the Zoning Board of Appeals to replace the existing portal and Best Western sign with a modified portal and illuminated sign, requiring a recommendation from the Planning Board. Town of Ithaca Tax Parcel No. 62 -2 43.7, Business District C. Cornell University, Owner; Southern Tier Hospitality, LLC, Applicant; Jagat Sharma, Agent. Chairperson Wilcox opened the public hearing at 8:02 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:04 p.m. Chairperson Wilcox stated the Planning Board can make or not make a recommendation to the Zoning Board of Appeals about the fiber optic lighting. Looking at the pictures provided, it looks like neon lighting. Neon lighting is forbidden in the Town. It is the decision of the Zoning Board of Appeals to grant or not grant a variance for the lighting. The proposed sign is much nicer than the current sign. Board Member Hoffmann stated the current sign is visible and lit up. She does not see a need for the newer sign. Board Member Mitrano asked if there are alternatives to the fiber optic lighting. Mr. Sharma stated there are no alternatives. Director of Planning Kanter stated there is nothing in the ordinance against using flood lighting to highlight edges of buildings. Board Member Mitrano asked if the owners would agree to alternatives. Mr. Sharma answered the flood lighting would not attract people to the building. + PLANNING BOARD PAGE 5 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED Director of Planning Kanter stated the fiber optic lighting would set a precedent. Board Member Hoffmann stated the plantings are not shown on the western view of Building A. Is that so the facade can be seen? Mr. Sharma responded it is shown on the landscaping plan. Director of Planning Kanter stated most building elevations simplify the view so that you are seeing the building and not other elements. Chairperson Wilcox stated the current landscaping is in poor shape. He encourages the owners to add more yews at the existing hedge. Board Member Hoffmann stated she would tike to see more plantings against the concrete wall that leads up to the main entrance. The retaining wall to the south of Building A looks rather large. Would it be possible to have plantings there without obstructing the walkway? Mr. Sharma responded that could be done. Board Member Ainslie asked is there adequate soil. depth soil. There can not be good plantings unless there is Board Member Hoffmann responded it could be added to allow plants to grow. Director of Planning Kanter stated Board Member Hoffmann is referring to the area next to the new concrete pad on drawing L2. Board Member Bell asked why room 206 has a window facing the retaining wall. Mr. Sharma responded it is a $29.99 room. It does meet all regulations and requirements. MOTION by .lames Ainslie, seconded by Lawrence Thayer: I%;T�7i�1IC� 10 This action is Consideration of Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals regarding Special Approval and Sign Variance, for interior and exterior modifications to the Best Western University Inn, located at 1020 Ellis Hollow Road; Town of Ithaca Tax Parcel No. 62- 243.7, Business District C. Cornell University, Owner; Southern Tier Hospitality, LLC, Applicant; Jagat Sharma, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board acting as lead agency in environmental review with respect to Site Plan Approval, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part I, submitted by the applicant, and Part II, prepared by the Town t PLANNING BOARD PAGE 6 DECEMBER 1, 1998 APPROVED - .4PPROVED - APPROLED - J.4NU_4RY 19, 1999 -APPROVED -APPROVED - APPROVED Planning Department, and has, on December 1, 1998, made a negative determination of environmental significance, and 3. The Planning Board, at a Public Hearing on December 1, 1998, has reviewed and accepted as adequate drawings entitled "Alterations to Best Western University Inn, East Hill Plaza, Ithaca, New York; " Sheet No. LI, entitled "Site Plan, " Sheet No. A1, entitled "Existing Floor Plans, " Sheet No. A2, entitled "Proposed Floor Plans, " and Sheet No. A3, entitled `Building Elevations, " all dated October 26, 1998, and Sheet No. L2, entitled "Planting Plan" dated November 20, 1998, all prepared by Jagat P. Sharma, Architect, and other application materials. NOW, THEREFORE BE IT RESOL YED. 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed interior and exterior modifications to the Best Western University Inn, located at 1020 Ellis Hollow Road, as shown on the drawings entitled "Alterations to Best Western University Inn, East Hill Plaza, Ithaca, New York; " Sheet No. LI, entitled "Site Plan, " Sheet No. A1, entitled "Existing Floor Plans, " Sheet No. A2, entitled "Proposed Floor Plans, " and Sheet No. A3, entitled "Building Elevations, " all dated October 26, 1998, and Sheet No. L2, entitled `Planting Plan" dated November 20, 1998, all prepared by Jagat P. Sharma, Architect, and other application materials, subject to the following conditions: a. the granting of Special Approval and any necessary variances and other approvals by the Zoning Board of Appeals, be revision of Sheet L2 to include additional plantings in the area labeled, "new concrete pad along the concrete wall at Building A, C, revision of Sheet A3 to show the removal of the fiber optic illumination proposed for the entrance canopy. d. submission of one original or mylar copy and two paper copies of the final site plan with revisions mentioned in Conditions "b " and "c " above to be retained by the Town of Ithaca. AND BE IT FURTHER RESOLVED: 1. That the Planning Board, in making its recommendation regarding Special Approval to the Zoning Board of Appeals, determines the following: a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; PLANNING BOARD PAGE 7 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROTED - APPROVED - APPROVED b, the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed use; ce the specific proposed change in land use as a result of the proposed project is in accordance with a Comprehensive Plan of development for the Town of Ithaca. 2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be granted. AND BE IT FURTHER RESOLVED. That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, recommends and hereby does recommend to the Zoning Board of Appeals, the following: 1. that the request for a sign variance from Sections 5.024 and 5.02.4 of the Town of Ithaca Sign Law regarding sign area and height, for the above referenced proposal, be granted: one projecting sign with 97.9 square feet in area which exceeds the maximum permitted area of I5 feet, and placed 28 feet from the ground, which exceeds the maximum placement of 12 feet from the ground, and 2, that the request for a variance from Section 6014 of the Town of Ithaca Sign Law regarding illumination outlining buildings or features of buildings, for the above referenced proposal, be denied based on the incompatibility of the proposed fiber optic illumination with the existing character of the East Hill Plaza and surrounding neighborhoods and the potential precedent that could be set in granting a variance for this type of illumination. AYES - Wilcox, Hoffmann, Bell, Ainslie, Kenerson, Thaler, Murano. NAYS - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: Consideration of Sketch Plan for the proposed construction of a Burger King restaurant and drive-thru at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2,820 f square foot building and drive4hru a 1.859 f acre parcel, additional proposed 50 parking spaces on the east side of the proposed building, proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca Tax Parcel No. 62 -2 4.22, Business "C" District. Cornell University, Owner, Rowe Restaurants, Applicant/Agent. Chairperson Wilcox opened the Sketch Plan review of Burger King at 8:25 p.m. Bill Seldin, Attorney representing Rowe Restaurants, stated they have given a great deal of thought as to what the concerns would be of the board and public. They are delighted to have the meeting open to the public at this stage. It is important to have everyone's input from the start. Mr. Seldin stated they have a Iease agreement with Cornell University, the landlord, contingent upon the approval of the project. PLANNING BOARD PAGE 8 DECEMBER 1, 1998 APPRO LED - APPROVED - APPROVED - JAN ARY 19, 1999 - APPROVED - APPROVED - APPROVED Dave Herrick, T.G. Millers, stated the East Hill Plaza entrance drive off Ellis Hollow Road is 95% complete and will be top coated in the spring. The ingress/egress of the site lines up with the ingress/egress of CFCU (Cornell FingerLakes Credit Union). The intersection is developed to accommodate the turning movements. The other access would be at the parking lot to East Hill Plaza. There is no proposed access onto Ellis Hollow Road and there is not a need for one. Thirty parking spaces are proposed. The majority of flooding problems that occur on Ellis Hollow Road have to do with the recent improvements to Pine Tree Road. As was the case with CFCU, they looked to maintain the capacities of the drainage swales. The site will be graded in a manner that moves the water across the parking lot in sheet flow into a grasslined swale. The lighting will be consistent with the appearance of the plaza, Trust Company and CFCU. There are signs located on the site. The double faced logo will be near the existing driveway to Andre Petroleum. There will be illuminated enter and exit signs. Landscaping is not on the plan due to the early nature of the plan. In the preliminary submission there will be a full landscape plan. There are plantings on the site. The Spruce trees adjoining Andre will remain. There are a couple clusters of trees that will be removed. Mr. Seldin stated they had someone superimpose the building on the lot. As they go through the process and develop landscaping the picture will be amplified to reflect it. This picture shows the building as it will be. Mr. Seldin was referring to a picture presented to the board showing what the proposed building would look like at the site. Mr. Herrick stated there are elevation drawings that also show the color of the proposed building. Samples of materials that go into the building will be provided. Larry Turchin, Traffic Solutions, provided the board a hand -out of their conception of how the traffic study should be accomplished. The circles identified are turning movement count locations. Some of the data was previously collected for CFCU. They have elected to do mid -day counts, 11:30 a.m. to 1:30 p.m. The straight lines represent traffic counting machines. They will be present for two weeks starting December 2, 1998. The machines are bi-directional machines and are counting in fifteen minute increments. It will give us a total flow rate for the entire area. The numbers from CFCU will be cumulatively added into the study. Board Member Hoffmann stated there have been problems with cars cutting through the gas station to get to and from East Hill Plaza. It would be useful to do a traffic count between the gas station and the plaza. The proposal will magnify the problem of people cutting through the gas station. Mr. Turchin stated there is no connection between the gas station and the access to the Burger King. They would need to enter into the parking lot itself. Board Member Hoffmann stated she is worried that people entering from the plaza will cut across the gas station. Chairperson Wilcox asked if the solution is to do a traffic count or work with Cornell University about putting in the landscape islands. The approved island landscapes may need to be revised. Mr. Seldin stated that the drawings they have submitted have the blessing of Cornell University. He is unsure if this meeting is to debate these issues, or to receive comments. Cornell is prepared to construct the landscape islands. PLANNING BOARD PAGE 9 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated the islands were approved in 1996 and still have not been built. Mr. Seldin stated throughout the course of their negotiations they have anticipated that. It has been a part of their agreement they would be put in. Attorney Barney asked if the certificate of occupancy was contingent on the landscape islands being installed, would the applicant be satisfied. Mr. Seldin responded yes. Director of Planning Kanter stated staff might recommend modifications to the islands. Board Member Bell stated the islands would not discourage traffic through the gas station. No matter what happens with the islands, people will still go through the gas station as the entrance. He would like to see traffic counts include this. Chairperson Wilcox stated the board has identified a relevant issue. The board expects the applicant to address it to their satisfaction. A traffic count has been suggested. The board has pointed out a potential issue that needs to be addressed. Director of Planning Kanter suggested the applicant also have observation traffic counting. Board Member Ainslie stated that Pete's has installed a sign and a speed bump to prevent people from cutting through their gas station. Chairperson Wilcox stated the Planning Board does not like too many parking spaces. The board has granted applicants fewer parking spaces than zoning may require. It forces them to set aside a piece of land in case the extra spaces are needed. If parking spaces can be eliminated the board would be in favor of it. Chairperson Wilcox stated he is concerned about the circulation of people entering/exiting the parking lot. He expects the applicant and Cornell to have a solution. Board Member Bell stated he is concerned about sidewalks. The concept behind this plan is vehicular travel. Pedestrian circulation is discouraged in the plaza, but should be encouraged. A sidewalk should line -up with CFCU. It would enable pedestrians to travel from Summerhill Lane to Burger King. Sidewalks should also be along the northern boundary. Board Member Hoffmann asked if the applicant has considered locating in the space being vacating by What's Your Beef. Bob Rowe, Rowe Restaurants, stated that has not been considered. It would be an in-line restaurant and there is not enough foot traffic to support an in -line restaurant. Board Member Kenerson stated the last time there was this type of proposal on this lot, it was a great concern of the Planning Board about litter and clutter. It needs to be addressed. PLANNING BOARD PAGE 10 DECEMBER 1, 1998 APPROVED -APPROVED -APPROVED -JANUARY 19, 1999 -APPROVED - .APPROVED -APPROVED Mr. Herrick stated there are drive -up trash receptacles at the entrances and exits of the site. Board Member Mitrano asked what the applicant's thoughts on exhaust are. Chairperson Wilcox stated it will be addressed in SEQR. Chairperson Wilcox asked if any members of the public has concerns they would like to see addressed. Robin Seeley, 332 Hurd Road, read from a prepared statement. (See Attachment #1 and #2). Carolyn Grigorov, 629 Coddington Road, stated people are worried about the noise. The amplified drive -thru sounds can carry. Harry Ellsworth, 152 Honness Lane, stated a good blacktop. The ditches will be well used because 65% of the comer of Pine Tree where there is wildlife. The South end going to the bank. The picture of the superimposed build addressed. percentage of the lot is covered by building or lot is shedding water. There is a problem on the of the plaza parking lot is a, drive thru for people ing does not show site lighting. It needs to be Frank Baldwin, 149 Pine Tree Road, stated he is concerned with the quality of environment and the run- off. There has been flooding on Pine Tree Road which caused the road to be closed for forty -eight hours. The ditch they are digging will not address it. This environment is for a community shopping center. Mr. Baldwin feels a drive thru is not consistent with the image of a community shopping center. The building will make the quality of the environment poor. Ellen Schmidt, 8 Genung Circle, stated she would like to present six letters. Ms. Schmidt read a letter from Jeanne M. Hirning. See Attachment #3. Ms. Schmidt also read a letter from Robin Schmidt. See Attachment #4. Ms. Schmidt presented four letters of concern to the Planning Board. See Attachments #54. Ms. Schmidt stated the pictures have an absence of cars, people and trash. They look different from reality. In the event that Burger King goes under, what would become of this building? Many buildings in the county have been abandoned. Nancy Krook, Pine Tree Road, stated when she moved to Pine Tree Road it was a country lane. Now it is the main road to Cornell University. She feels as if she is in the trenches of traffic twenty -four hours a day. There is now heavy truck traffic to cut over to Route 366. The trucks are doing this to avoid being weighed at state weighing stations and to save Thru -way tolls. When this shopping center was a farm, it was proposed to be a small neighborhood convenience center. It was rezoned as a small neighborhood convenience center. When McDonalds was proposed in this area many years ago, they could not understand why Cornell would want to do this to the neighborhood. The neighbors want it to remain green. Gradually they have taken over almost every blade of grass in the farm area. If Yale could go back to before New Haven became a slum around Yale, the campus would look much better. When Liberty Hyde Bailey started accumulating land around Cornell, he did not accumulate it for our generation. He accumulated it for the generations that are going to come after us. What does this say about the Cornell real estate department. Two fast food restaurants in downtown have closed. Three restaurants in the PLANNING BOARD PAGE 11 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED plaza have closed for lack of business. Therefore, she does not feel the business is there. The Burger King in Dryden is a disgrace. It is an ugly architectural scab. This fast food restaurant will also draw business away from the city and Collegetown. It will increase the traffic and litter. Does the community want an Elmira Road environment on one of the most beautiful campuses in the nation? Would the Cornell Real Estate Department allow this on the Cayuga Heights side of their campus? Trash cans in the neighborhood have been taken away because people do not want to pay the garbage tag fee. They put their home garbage in retail garbage cans. The businesses have taken them in. The Town of Ithaca had to take the garbage cans in from the walking trail on Game Farm Road. Ms. Krook stated Cooperstown, New York, does not allow fast food restaurants in their town. They have maintained the Cooperstown environment with many tourists. Richard Fischer, 135 Pine Tree Road, stated he has watched the steady erosion of this land from the farm to what it is today. He is concerned that they are developing a section like Elmira Road at East Ithaca. Why is Cornell renting this land and earning income? Does Cornell need the lease money? NO. The lease should be canceled. Martha Robertson, Ellis Hollow Road, stated she has seen Ithaca become less of a one of a kind place. Once the greenland is gone, it is gone. What will happen to the land if Burger King goes under? The Town will be stuck with it. McDonalds on the Commons is an eye sore, but at least it is within a built environment. There will be a problem of traffic and litter no matter where this restaurant operates. If it has to go somewhere, locate it on Route 79 at the intersection of Lounsbury and Thomas Road. There is a piece of property that was carved up and is ready to be moved into. There is nothing between the City of Ithaca and Jim's Place in Slaterville. It is an appropriate place. The other opportunity might be where CFCU is vacating and there; may be room for the drive thru. Chuck Keisler, 517 Ellis Hollow Creek Road, stated he is appreciative of the research done by others. A positive finding in the SEQR analysis is going to be very important so that a full environmental impact statement can be completed. SEQR is light on social and cultural impacts. It is of concern to me that in addition to many of the physical changes that are likely to happen in the area that the culture of the community is in for a change. People that have lived in the area for a long time must be disappointed if the understanding was it was going to be a minimal shopping facility. Going through that intersection he sees horses on the right hand side, a complex of recreational facilities, the horse barns, tennis facility, the new ball park and pedestrians on the pedestrian strip. A land use conflict is being invited by not doing the Environmental Impact with a strong social component. There are a number of biological and environmental issues that will be taken seriously and cause great concern. It is equivalent to putting a Burger King in Community Corners. It is out of place and aesthetically wrong. One of the things that happen with franchises is that they are taking over the out skirts of the towns. Mr. Keisler stated he wants diversity. Susan Shefter, 145 Pine Tree Road, stated she uses the jogging trail every day. Over the years it has become more difficult for people and easier for cars. In the last five years there has been an enormous increase in traffic and truck traffic. It is no longer possible for her handicapped husband to get from their house to the walking trail. It is dangerous and the prospect of seeing East Hill Plaza become more like Elmira Road is depressing. There is a place for Burger King, but that is what zoning is for. No thought has been given to an in- fine restaurant. The fact this has to be a drive thru indicates that it is part of the economics of Burger King. Chairperson Wilcox stated the parcel is zoned Business C which does allow a restaurant. PLANNING BOARD PAGE 12 DECEMBER 1, 1998 APPROVED - APPROVED - APPRO= - J.ANU_ 1RY 19, 1999 - APPROVED - APPROVED - APPROVED Beverly Livesay, Snyder Hill Road, stated at the time of the zoning change the corrununity was presented with a lovely little shopping center. It was said it would be finished to blend in with the Barnes House. It was suggested the Barnes House be converted to a restaurant. Everyone thought it was a great idea and no one objected to the zoning change. The motivation for the zoning change was the P & C was looking to expand. The neighborhood recognized there was no commercial area other than Collegetown. At the point of the site plan review, she brought to the Town Board's attention that the zoning had been changed for a particular thing and they had an obligation to revisit it. Once the plans were finished, they should have rezoned it again. Burger King with a drive thru is not in keeping with the character of the neighborhood or what was presented at the time of the zoning change. Ms. Livesay would like to see Burger King in the empty restaurant or in -line space. It is going to be dependent on attracting its own traffic. The Town of Ithaca has been responsible about not developing commercial areas to compete with the city. The snow from the parking lot has always been piled on this lot. Having it melt and run through the grassy area does purify it. It would be nice to have a Burger King close, but in the existing space. Planner Balestra stated she received a phone call from Karen Herzi, 107 Pine Tree Road, and she opposes the Burger King proposal because of the loss of open space associated with the development. The use is offensive and unnecessary. She suggests the Burger King move to the former What's Your Beef location. Ed Rogers, 611 Mitchell Street, stated he is the president of the Bryant Park Civic Association. Many people in the area are concerned about the proposal. East Hill Plaza exists to service the area and is a very important aspect of the neighborhood. There is a general concern about the neglect of the area in terms of developing it properly. Business areas like the plaza change over time. The character of the plaza will change over the years, but hopefully in a good way. One of the ways is the businesses are viable and serve the people who live there. The Civic Association has a meeting on Thursday, December 3, at 7:00 :p.m. at Belle Sherman School and they would be interested in having a representative come to the meeting. Ms. Seeley asked what the zoning issue is. Chairperson Wilcox responded that someone mentioned it was not reasonable to rezone the area. The current zoning does allow a restaurant. Ms. Seeley asked why it needed to go before the Zoning Board of Appeals. Chairperson Wilcox stated it is allowed, but it needs a special approval from the Zoning Board of Appeals. Attorney Barney stated that zoning has several levels of regulation. Areas that have permissible uses that need a closer look require the Zoning Board of Appeals to permit it and the Planning Board to review the application. It is done by the Zoning Board of Appeals. The person who would like to put in a use subject to a special approval must apply to get the special approval. The fact that the zoning permits it is a presumption the particular use has been found to be acceptable if the criteria for that special approval is met. Ms. Krook stated the point that she and Ms. Livesay made was when the shopping center was proposed and the parcel was rezoned, the proposal was for a small neighborhood convenience center. Whether or not all PLANNING BOARD PAGE 13 DECEMBER 1, 1998 APPRO EED -APPROVED -APPROVED -JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED the development has taken place does not change the fact that the development has taken place when it should have been revisited. That has troubled those who live in the neighborhood. Board Member Bell asked Attorney Barney to explain what special approval is needed from the Zoning Board of Appeals. Attorney Barney stated that uses in the commercial zones are subject to obtaining a special approval from Section 77 of the ordinance subdivision 7, subparagraphs a -h spell out the criteria the Zoning Board of Appeals must apply in determining whether a special approval should be granted. Under special approval, it is permitted if the 7 paragraph criteria is met. Board Member Mitrano asked what happened when McDonalds was proposed. Attorney Barney responded that when McDonalds was proposed it was determined that they were to do a full environmental impact statement. McDonalds did not want to do a full Environmental Impact Statement. They sued the Town of Ithaca saying they did not have to do it. The Town successfully defended it and won on two grounds. The first was the action was started the wrong way and the Town was able to get it dismissed. The judge also ruled that the requirement to complete a full Environmental Impact Statement was not appealable. The final action had to occur before they could bring a law suit. McDonalds sued again saying their papers were filed correctly. The judge dismissed it again saying it was not right. McDonalds decided not to do an Environmental Impact Statement. Board Member Mitrano asked how Cornell could be involved in the concerns. Ms. Krook stated the neighborhood has been surprised that Cornell would even propose this. There is only a small parcel left. They know the snow is there and lasts for months. There is no other place to put the snow. People do not realize the parking lot is used for campus purposes. Many of the cars parked there are not those of people at the shopping center. Board Member Ainslie stated people think the board has changed things they should not have. There is a Comprehensive Plan developed for the Town of Ithaca. It was passed and has designations. No one is doing anything wrong with this proposal because the Comprehensive Plan allows it. Board Member Hoffmann stated even though there are areas designated commercial, it is up to the Town to create commercial areas that are compatible with the neighborhood. There is a sign to be located close to Ellis Hollow Road. It is a 6' x 6' sign on a 25 foot high pole. Planner Balestra stated the Citgo sign at East Hill Plaza is under 25 feet tall. It is either 19' or 20'. Board Member Bell stated there is a photocopy of the logo sign and it says steel supports up to 35'. Is that being proposed? Mr. Rowe stated the sign would be 25 feet overall height. The picture in the catalog is the same for all signs and heights. PLANNING BOARD PAGE 14 DECEMBER 1, 1998 APPROVED - APPROVED - APPRObBD - .14N(jARY 19, 1999 - APPROVED - APPROLDD - APPROVED Director of Planning Kanter stated 20 feet is allowable. Anything over that would need a variance of the sign law. Planner Balestra stated the canopy sign proposes 19 inch letters. The sign law allows 6 inches. A determination on the menu board has not been made. Board Member Thayer asked if the outside of the building needed to be Burger King style. Mr. Rowe replied yes. The colors and styles are dictated. Exceptions are made for historical zoning. Director of Planning Kanter stated in the SEQR review it may be possible that mitigating measures be addressed during the building design process. Board Member Bell stated the proposed Burger King design and the design of East Hill Plaza are not that different. A Burger King could be designed to look like the East Hill Plaza. Historic design review is established in many cities. A design review process may be needed. Mr. Seldin stated they know this is not going to be easy. They have heard every comment made. Chairperson Wilcox stated it was advertised that no action would be taken on this proposal. There is one action to be taken establishing the Town of Ithaca Planning Board as lead agency for SEQR. Director of Planning Kanter stated he encouraged the applicant to provide analysis of as many intersections as possible. The more presented to the board at an early stage the better. With no further discussion, Chairperson Wilcox closed the Sketch Plan review of Burger King at 10:16 p.m. AGENDA ITEM: Consideration of declaration of intent for the Town of Ithaca Planning Board to assume lead agency status pursuant to the New York State Environmental Quality Review Act (SEQRA) in order to conduct the environmental review of the proposed Burger King restaurant at East Hill Plaza, Ellis Hollow Road. MOTION by James Ainslie, seconded by Gregory Bell: WHEREAS: 1. Rowe Restaurants, Inc., has proposed a Sketch Plan for a 2, 820 + /- square foot Burger King restaurant and drive thru on a 1.859 +1 - acre parcel located in East Hill Plaza, on Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62- 2-1.22, Business "C" District, and 2. The proposed site plan is an Unlisted action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Local Law No. 5 of the Year 1988 Providing for Environmental Review of Actions in the Town of Ithaca, and PLANNING BOARD PAGE 15 DECEMBER 1, 1998 APPROVED -APPROVED -APPROVED -JANUARY 19, 1999 -APPROVED -APPROVED - APPROVED 3, A Full Environmental Assessment Form (EAF), Part I, has been submitted by the applicant for the above - described action, along with other application materials, and 4. A letter, dated November 19, 1998, was sent by the Planning Department to involved and interested agencies indicating the Planning Board's intent to act as lead agency with respect to the above - referenced actions, and requesting concurrence with said designation. NOW, THEREFORE, BE IT RESOL VED: That the Town of Ithaca Planning Board hereby proposes to establish itself as lead agency for environmental review of the proposed site plan approval for the proposed Burger King project, located in East Hill Plaza, on Ellis Hollow Road, and BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby requests the concurrence of all involved agencies on this proposed lead agency designation, said concurrence to be received by the Town of Ithaca Planning Department within thirty days from the date of the above - referenced November 19, 1998 letter. AYES - Wilcox, Hoffmann, Bell, Ainslie, Kenerson, Thayer, Mitrano. NAYS - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: Consideration of approval of Town of Ithaca Planning Board schedule of meetings for 1999. MOTION by Fred Wilcox, seconded by Robert Kenerson: RESOLVED, that the Town of Ithaca Planning Board adopt and hereby does adopt the following as its schedule of Regular Meetings for the Year 1999. Unless otherwise notified, all meetings will be held on the first and third Tuesdax, commencing at 7:30p, m. FIRST MEETING OF THE MONTH January S, 1999 February 2, 1999 March 2, 1999 April 6, 1999 May 4, 1999 June 1, 1999 SECOND MEETING OF THE MONTH January 19, 1999 February 16, 1999 March 16, 1999 April 20, 1999 May 18, 1999 June 15, 1999 PLANNING BOARD PAGE 16 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROTED - APPROVED - APPROVED July 6, 1999 August 3, 1999 September 7, 1999 October S, 1999 December 7, 1999 July 20, 1999 August 17, 1999 September 21, 1999 October 19, 1999 November 16, 1999 December 21, 1999 AYE - Hoffmann, Bell, Kenerson, Ainslie, Mitrano, Thayer, Wilcox. NAY - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: Consideration of nomination of Chair of Town of Ithaca Planning Board for 1999 as a recommendation to the Town Board. MOTION by James Ainslie, seconded by Lawrence Thayer: RESOLVED, that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the re- appointment of Fred Wilcox as Chairperson of the Planning Board for the year 1999. AYE - - Hoffmann, Bell, Kenerson, Ainslie, Mitrano, Thayer. NAY - - None. ABSTAIN — Wilcox. The MOTION was declared to be carried unanimously. OTHER BUSINESS: Board Member Bell stated the Planning Department is sponsoring a Survey of Historic and Architectural Resources in the Town of Ithaca. Board Member Hoffmann asked if the previous survey is available for review. Director of Planning Kanter stated it is not in a usable form. After this semester's work, a single student will combine this year's and last for review. Board Member Bell stated this is leading up to an ordinance. Is the assumption the ordinance will take several years? PLANNING BOARD PAGE 17 DECEMBER 1, 1998 APPROVED - APPROVED - APPROVED - JANURY 19, 1999 - APPROVED - APPROVED - APPROVED Director of Planning Kanter stated the Town Board wants a completed inventory to make a decision as to whether an ordinance is needed. Plan. Attorney Barney stated they are trying to rewrite the zoning ordinance as a result of the Comprehensive Board Member Bell stated there is not an ordinance to protect property such as the Moore House. Chairperson Wilcox stated the Planning Board has received a copy of the letter to Clarence Reed stating the concerns and issues of the Town of Ithaca Planning Board for the Cornell North Campus Residential Initiative. There is nothing on the agenda for December 15, therefore, the meeting is canceled AGENDA ITEM: ADJOURNMENT: Upon MOTION. Chairperson Wilcox declared the December 1, 1998, Meeting of the Town of Ithaca Planning Board duly adjourned at 10:26 p.m. Prepared by: Carrie L. Coates, Keyboard Specialist/Minutes Recorder Mary Bryant, Administrative Secretary for the Town of Ithaca Planning Board. I 1 December 1998 Planning Board Town of Ithaca 126 E. Seneca St, Ithaca, NY 14850 Dear members of the Planning Board, I am writing to offer some concerns about the proposed Burger King restaurant and drive - thru proposed for the East Hill Plaza (adjacent to Ellis Hollow Road). I have included with my letter an Environmental Assessment Form, Part II, on which I have marked the areas of potential environmental impact that concern me. The potential environmental impacts of this project are: 1) increased traffic problems at this intersection and in the Bryant Park neighborhood (EAF Part II, question 17) 2) parking lot and drive -thru runoff into a creek which is a tributary of Six Mile Creek (EAF Part II, question 6) 3) increased litter in adjacent neighborhoods (EAF Part II, question 1) 4) construction where the depth to the water table may be less than three feet (EAF Part U. question 1) 5) reduction of a green area which is important to the community (EAF Part H, question 13) 6) setting a precedent for future projects (EAF Part H. question 19) 1 *increased traffic problems at the Pine Tree/Ellis Hollow /Mitchell St. i nsection and in the Bryant Park neighborhood. a) The traffic generated by Burger King will be much greater than indicated on the sponsor's EAF part I, The sponsor has indicated (EAF Part 1) that the impact of the Burger King will be 130 trips per hour. However, traffic engineering data (Highway Users Federation, Engineering for Traffic in a Small City, Wash, DC, 1970) tells us that the typical impact of a drive -thru restaurant is to add 100 peak -hour trips per 1,000 sq. ft. of restaurant space. In other words, this Burger King which has 2, 820 sq. ft. of restaurant space would add not 130 peak -hour trips, but 282 peak -hour trips! b) The increased traffic generated by the Burger King and its drive- thru will be added to the new traffic generated by the new bank (Finger Lakes) adjacent to Burger King on Ellis Hollow Road. Whichever route this traffic follows, it will result in traffic congestion and unsafe traffic flow patterns. One choice is to take the nearest exit to the drive -thru exit, towards Ellis Hollow Road. This part of Ellis Hollow Road is not constructed to accommodate another 280+ cars entering or leaving the traffic flow. At rush hour (dinner hour, 5 -6 pm) it would be very difficult to make a left -hand turn onto Ellis Hollow Road as traffic leaving Cornell streams east on Ellis Hollow Road. ATTACHMENT #1 2 Another possibility is to leave the Burger King drive -thru and turn left toward the East Hill Plaza. Now the choice is tueefi weaving through the East Hill Plaza parking lot to the furthest exit on Pine Tree Road. I judge that not many cars will make this choice. The other choice is to make an exit at the gas station. This will be a nightmare. The traffic flow at the gas station is already dangerous, since many people heading towards Cornell do not wait at the red light of the intersection and take a speedy short-cut through the gas station. There is no separation between traffic entering and exiting the plaza and cars that are waiting for gas at the gas station. Furthermore, there is not regulation (no lanes, no stop signs, etc. ) of traffic coming off Ellis Hollow Road and through the gas station to the East Hill Plaza, c) safety hazard: increased traffic down Mitchell Street, past Belle Sherman School Part of the increased traffic will be heading for downtown Ithaca, and the most direct route will be on Mitchell Street, past Belle Sherman School. Many children walk to school in this neighborhood. There are numerous intersections with stop signs on Mitchell Street; it is not a road designed for heavy traffic. A significant increase in traffic on this road may pose a safety hazard to children crossing Mitchell Street to Belle Sherman School and Belle Sherman School Annex on Cornell Street. 2) parking lot and drive -thru runoff into a creek which is a tributary of Six Mile Creek Adjacent to the site proposed for Burger King (within 20 feet probably) is a creek which drains into a wetland at the intersection, and then into Six Mile Creek. Runoff from the Burger King parking lot and drive -thru, including salt, gas and oil, will likely get into this creek because it is so close. This is an unacceptable impact on the creek, the wetland, and Six Mile Creek, in my view. In the winter, snow mixed with salt, gas and oil from the East Hill Plaza parking lot is piled up on the green space now proposed for Burger King. This green lawn is a much better filter for parking lot pollutants than the impervious surfaces of more paved area of parking lots. 3) increased litter in adjacent neighborhoods Fast -food and drive -thru restaurants generate a lot of solid waste. This Burger King will generate at least 1,500 to 2,000 pounds of solid waste per month (EAF Part I). I am not sure if this number includes all the restaurant packaging that leaves the restaurant in the form of drive -thru meals, but you can be sure that a lot of that packaging will end up as litter on the streets of adjacent neighborhoods. I live on a road at least 9 miles from the nearest fast -food restaurant, yet I often pick up roadside litter that consists of a bag of fast - food trash. 4) construction where the water table is less than three feet The project sponsor says that the depth to the water table is 4 feet in this area, but gives no information about the source of this data. Note that the EAF Part II considers a "potential large impact" construction where the depth to the water table is less than three feet. We need to know for sure what the depth to the water table really is. Did the project sponsor measure this? G' 5) reduction of a green area important to the community This was an issue when the McDonalds drive -thru and restaurant was proposed for this site 9 years ago. This green area provides a visual buffer to the development in the East Hill Plaza from Ellis Hollow Road. It is a beautiful remnant of the original farm that once stood here. Turning this green area into more Route 13 -style development will remove the last remaining visual buffer between the road and the East Hill Plaza. 6) setting a precedent for future projects Please consider the impact of adding a Burger King on future development in this area. Fast -food restaurants seem to attract more development of this sort. The East Hill Plaza/Judd Falls Plaza area is not Route 13. It has more of the character of a neighborhood shopping center perched between two residential neighborhoods: Bryant Park and Ellis Hollow. I fear that adding a Burger King will be a precedent that will attract development like that of the Route 13 strip. Because of these potential environmental impacts which are not addressed in the sponsor's EAF (Part I), I hope that the Planning Board will make a positive declaration in its SEQR review and require an Enviromental Impact Statement so that these potential impacts can be investigated. Thank you for the time and effort that you put into reviewing this project and its impacts. Sincerely, zkv� 40 Lk J Robin Hadlock Seeley 332 Hurd Rd. Ithaca, NY 14850 539 -7897 rhs4 @comell.edu set U °0 Part 2— PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the Impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large Impact must be evaluated In PART 3 to determine significance. Identifying an impact in column 2 simply asks that It be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large Impact checked in column 2 can be mitigated by change(s) In the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? ONO VYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed • Construction on land where the depth to the water table is less than • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. • Construction jH„a dg5ignaJed,;Ugo way.v • Other impacts Tyfwl P'A. '140 er un 4i A. ?i 2. Will there be an effect to "any or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)ONO OYES • Specific land forms:. ATTACHMENT #2 6 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ El Yes ❑No ❑r Dyes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes 1:1 No ❑ ❑ ❑Yes 11 No ❑ ❑ ❑Yes 0 N ❑ ❑ []Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑Yes ❑No ❑ ❑ ❑Yes El No IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ONO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non - protected existing or new body of water? ONO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and /or sewer services. • Proposed Action locates commercial and /or industrial uses which may require new or expansion of existing waste treatment and /or storage facilities. • Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO OYES Examples that would apply to column 2 • Proposed Action would change flood water flows. 7 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes []No ❑ ❑ []Yes ❑No ❑ ❑ ❑Yes 0 N ❑ ❑ ❑Yes ❑No ❑ ❑ []Yes ❑No ❑ ❑ ❑Yes []No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes []No ❑ ❑ ❑Yes [)No ❑ ❑ ❑Yes ❑No ❑ ❑ []Yes No ❑ ❑ ❑Yes []No ❑ ❑ ❑Yes [)No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ El Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ []Yes ❑No ❑ ❑ []Yes ❑No • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. Pranged Action wit a11Qw develnoment<in a desigbalgiLf loodway • Other impacts: r "% Of 7. Will proposed action affect air quality? ONO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed to industrial use. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or species? Examples that would apply to column 2 • Reduction of one or more species listed on the list, using the site, over or near site or found on • Removal of any portion of a critical or signifii • Applicafion of pesticide or herbicide more than than for agricultural purposes. • Other impacts: endangered ONO DYES New York or Federal the site. :ant wildlife habitat. twice a year, other 9. Will Proposed Action substantially affect non - threatened or non - endangered species? ONO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ONO DYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes []No ❑ ❑ ❑Yes 11 No ❑ ❑Yes []No ❑ ❑ ❑Yes []No ❑ ❑ ❑Yes ❑No ❑ ❑ 11 Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ 11 Yes ❑No ❑ ❑ 11 Yes ❑No ❑ ❑ 1:1 Yes El No ❑ ❑ El Yes []No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ 1:1 Yes ❑No ❑ ❑ 11 Yes ❑No ❑ ❑ ❑Yes ❑No • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ONO DYES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man -made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: 13 IMPACT ON OPEN SPACE AND RECREATION Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES • Other impacts: nnrtnnf to fhc .-.,.....,...,:a. 0 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ ❑Yes El No ❑ ❑ []Yes ❑No ❑ ❑ []Yes ❑No ❑ ❑ El Yes ❑No ❑ ❑ 11 Yes ❑No ❑ ❑ []Yes El No ❑ ❑ 11 Yes ❑No ❑ ❑ []Yes 0 N ❑ ❑ []Yes ❑No ❑ ❑ ❑Yes 0 N ❑ ❑ ❑Yes []No ❑ ❑ Dyes El No ❑ ❑ 1:1 Yes []No ❑° ❑Yes ❑No ❑ d 11 Yes []No • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ONO DYES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man -made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: 13 IMPACT ON OPEN SPACE AND RECREATION Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES • Other impacts: nnrtnnf to fhc .-.,.....,...,:a. 0 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ ❑Yes El No ❑ ❑ []Yes ❑No ❑ ❑ []Yes ❑No ❑ ❑ El Yes ❑No ❑ ❑ 11 Yes ❑No ❑ ❑ []Yes El No ❑ ❑ 11 Yes ❑No ❑ ❑ []Yes 0 N ❑ ❑ []Yes ❑No ❑ ❑ ❑Yes 0 N ❑ ❑ ❑Yes []No ❑ ❑ Dyes El No ❑ ❑ 1:1 Yes []No ❑° ❑Yes ❑No ❑ ❑ 11 Yes []No 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14 Will Proposed Action impact the exceptional or unique character- istics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(8) ? ONO OYES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ ❑Yes ❑No • Proposed Action will result in a reduction in the quantity of the resource? ❑ ❑ C1 Yes ❑No • Proposed Action will result in a reduction in the quality of the resource? ❑ ❑ []Yes ❑No • Proposed Action will impact the use, function or enjoyment of the ❑ ❑ Dyes 11 No resource? • Other impacts: ❑ ❑ ❑Yes []No IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ONO )eYES Examples that would apply to column _2�_�__ • .'@ Cyr !Si[deY.YOA`F "•Ya�F3'L1�4/twP L�V.T.. � -. max+ Alteration of present patterns of movement of people and /or goods. j ❑ �. El Yes ❑No Proposed Action will result in major traffic problems. ❑ ❑Yes ❑No L —_. ��® 1FM.Tx�a�m�.yr^sawcraeuca'.'v • Other impacts: ❑ ❑ Dyes 0 N IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or energy supply? ONO OYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes ❑No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ❑No 10 • 2 3 ' NOISE AND ODOR IMPACTS Small to Potential Can Impact Be •� Moderate Large Mitigated By 17. Will there be objectionable odors, noise, or vibration as a result Impact Impact Project Change of the Proposed Action? ONO YES p Examples that would apply to column 2 1 Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ []Yes 0 N f ility. • ors will occur routinely (more than one hour per day ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ Dyes []No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ []Yes El No noise screen. • Other impacts- ❑ ❑ []Yes [I No IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ONO OYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ []Yes []No substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ 1:1 ❑Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes []No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ ❑Yes 11 NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community? ONO OYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ []Yes ❑No project is located is likely to grow by more than 5 %. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes []No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ El Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes ❑Nc • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑Nc or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑Nc � r t.Z. schools police and fire, etc.) • Proposed Action will set an important precedent for future projects ,, ❑ �, ❑Yes ❑Nc _ .d .• • ropos d Action will create�o eliminate employment. ❑ ❑ ❑Yes ❑Nc • Other impacts: ❑ ❑ ❑Yes ❑Nc 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO Vy If any action in Part 2 Is Identified as a potential large impact or if you cannot determine the magnitude of Impact, proceed to Part 11 , Ii Planning Board Town of Ithaca 126 E. Seneca St. Ithaca, N.Y. 14850 November 30, 1998 Re: Request by Burger King to build at East Hill Plaza As a ninety year old, I have some greater perspective on change than most people do. Ten years ago, I moved to Ithaca from 50 miles north of New York City where I had lived most of my life. The area had degraded gradually over several decades to one of crowding, traffic, trash, and a lack of open space. I was born in Yonkers, New Yorft ::rich was in the country, but now certainly is not. When I read of the plans to build a Burger King at East Hill Plaza, I felt compelled to write to you. Even in the short decade I have been here, I see more trash along the highways - chiefly packaging from fast food, and increased traffic along Ellis Hollow Road. There is one small green spot left in the shopping center - the only place nearby with any trees at all, only two by last count. It does indeed seem unwise to add a new building there, doesn't it? (I thank my daughter for typing this letter for me). Sincerely yours, 1' Gam' Jeanne M. Hirning 8 Genung Circle Ithaca, New York 14850 ATTACHMENT #3 The Planning Board Town of Ithaca 125 E. Seneca St. Ithaca, N.Y. 14850 Dear Planning Board Members: Robin Schmidt 8 Genung Circle Ithaca, New York 14850 November 22, 1998 In school they teach that people need to care for the environment. I know there isn't a lot we can do about other places in the world, but we can care for our own area. I don't think that Burger King ought to be able to build a restaurant at East Hill Plaza. I belong to the Cayuga Trails Club and the members take time to clear a section of the road near East Hill Plaza each year. Fast food trash collects along the side of the roads I walk on with my family and friends. It isn't very encouraging to collect ever more trash that people produce and throw out. Even when people throw things out in trash cans, it all goes into the land fills. I am still young. I wonder what East Hill Plaza and the surrounding area will look like when people my age are in college. Do any adults care? It's hard to be taught to protect the environment and then see adults do the opposite. AOP Sincerely yours, Robin Schmidt ATTACHMENT #4 Ellen Schmidt 8 Genung Circle - Ithaca, New York 14850 November 25, 1998 Planning Board Town of Ithaca 126 E. Seneca St, Ithaca, N.Y. 14850 To: Planning Board Members Re: Request by Burger King to build a restaurant at East Hill Plaza Just after I moved here nine years ago, MacDonald's applied for the spot of land to build a fast food restaurant that Burger King is now requesting. At that time, the concerns of many neighbors and residents regarded the increased volume of trash that a drive-in restaurant produces and the fact that much of that trash gets thrown out the windows of people's cars. In addition, traffic is bound to increase as the patrons of a restaurant which seats 70 -80 and hosts countless more by car will come and go over many hours of the day and night. Open green space is ever less everywhere. East Hill Plaza is no exception. Does the one last two -treed grassy area need to be destroyed for a restaurant when there are other eat -in and take -out opportunities in the East Hill and Judd Falls Plazas? I think the points raised nine years ago haven't changed and your decision should be reflective of those concerns then and now. Ellen Schmidt ATTACHMENT #5 OSKAR SCHMIDT 8 GSNUNG CIRCLE ITHACA, NEW YORK 14850 NOVEMBER 22, 1998 THE PLANNING BOARD TOWN OF ITHACA 126 E. SENECA ST. ITHACA, N.Y. 14850 TO: PLANNING BOARD MEMBERS RE. REQUEST BY BURGER KING TO BUILD A RESTAURANT AT EAST HILL PLAZA MY SON AND I OFTEN TAKE WALKS ALONG ELLIS HOLLOW ROAD, SNYDER HILL ROAD, GSNUNG ROAD, AND QUARRY ROAD BRINGING A BAG ALONG TO COLLECT TRASH, OFTEN THE SAG ISN'T LARGE ENOUGH TO FIT ALL THE STYROFOAM, CARDBOARD, AND PAPER PRODUCTS PRODUCED BY THE FAST FOOD RESTAURANTS. WHEN I READ OF PLANS TO BUILD A BURGER KING AT EAST HILL PLAZA, I COULD ONLY WONDER WHY? DO WE NEED R? DOES ANY "GOOD:" OFFSET THE LARGE VOLUME OF TRASH THAT 1S PRODUCED AND STREWN ALONG THE ROADSIDE? AREN'T THERE OTHER EATING ESTABLISHMENTS AT EAST HILL PLAZA THAT PROVIDE FOOD TO BE EATEN ON THE PREMISES AND OFF? AND THE ONE "UNDEVELOPED" SPOT IN THE EAST HILL - JUDD FALLS PLAZA AREA WOULD BE REPLACED WITH FAST FOOD ARCHITECTURE. IT SURE DOESN'T MAKE SENSE TO ME. Sincerely, /Z&6C1�i� Oskar Schmidt ATTACHMENT #6 1 0t 0 Nora Schmidt 8 Genung Circle Ithaca, New York 14850 November 25, 1998 Planning Board Town of Ithaca 126 E. Seneca. St. Ithaca, N.Y. 14850 To: Planning Board Members Re: Request by Burger King to build a restaurant at East Hill Plaza 1 have spent a lot of time in the last few years in the U.S. Virgin Islands. I was appalled to see such little concern for trash disposal and such rampant littering as I saw there. In southern California, I experienced ever increasing traffic. At home here in Ithaca, I am pleased that we have greater concern for our environment. But each time I return from a trip, I am struck with the quantity of highway trash, the traffic- clogged roads, as well as new buildings springing up even though others are closed and remain unused for extended periods of time. Surely, Burger.King doesn't need to build at East Hill Plaza subtracting space and adding traffic and garbage! Sincerely, Nora Schmidt ATTACHMENT #7 November 31, 1998 Dear Ithaca Planning Board: I am writing to express my opposition to the construction of a possible future Burger King ut Judd calls Plaza. As it is, the area has a calm, pleasant, civilized quality about it. With the introduction of a Burger King, there will be an increase in traffic, debris, pollution, noise and general activity. Let's leave a small part of Ithaca free of the unpleasantness of the fast -food, fast -lane life style. Thank you for your time and attention. '4 Are Gayl Gray 236 Hunt Hill Road Ithaca, New York 14850 ATTACHMENT #8 7:30 P.M. 7:35 P.M. TOWN OF ITHACA PLANNING BOARD 126 East Seneca Street Ithaca, New York 14850 Tuesday, December 1, 1998 AGENDA Persons to be heard. SEQR Determination, Best Western University Inn Modifications, 1020 Ellis Hollow Road. 7:45 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals Regarding Special Approval for interior and exterior modifications to the Best Western University Inn, located at 1020 Ellis Hollow Road. Said modifications include converting vacant restaurant space on the lower level of the Inn to guest rooms and rearranging the floor layout of the second level, replacing an existing fence surrounding the pool area, constructing a new retaining wall and walkway at the east end of the main building (Building A), and other modifications. Said proposal may also require a Sign Variance from the Zoning Board of Appeals to replace the existing portal and Best Western sign with a modified portal and illuminated sign, requiring a recommendation from the Planning Board. Town of Ithaca Tax Parcel No. 62 -2 -13.7, Business District C. Cornell University, Owner; Southern Tier Hospitality, LLC, Applicant; Jagat Sharma, Agent. 8:15 P.M. Consideration of a Sketch Plan for the proposed construction of a Burger King restaurant and drive thru at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2,820 +/- square foot building and drive thru on a 1.859 + /- acre parcel, additional proposed 50 parking spaces on the east side of the proposed building, proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca Tax Parcel No. 62 -2 -1.22, Business "C" District. Cornell University, Owner; Rowe Restaurants, Applicant/Agent. 5. Consideration of declaration of intent for the Town of Ithaca Planning Board to assume lead agency status pursuant to the New York State Environmental Quality Review Act (SEQRA) in order to conduct the environmental review of the proposed Burger King restaurant at East Hill Plaza, Ellis Hollow Road. I 7 P6 9. 10. Consideration of approval of Town of Ithaca Planning Board schedule of meetings for 1999. Consideration of nomination of Chair of Town of Ithaca Planning Board for 1999 as a recommendation to the Town Board. Approval of Minutes: Other Business. Adjournment. (None available at time of mailout) Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY MARY BRYANT AT 273 -17470 (A quorum of four (4) members is necessary to conduct Planning Board business.) t i- TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARING Tuesday, December 1, 1998 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Planning Board of the Town of Ithaca on Tuesday, December 1, 1998, at 126 East Seneca Street, Ithaca, N.Y., at the following time and on the following matter: 7:45 P.M. Consideration of Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals Regarding Special Approval for interior and exterior modifications to the Best Western University Inn, located at 1020 Ellis Hollow Road. Said modifications include converting vacant restaurant space on the lower level of the Inn to guest rooms and rearranging the floor layout of the second level, replacing an existing fence surrounding the pool area, constructing a new retaining wall and walkway at the east end of the main building (Building A), and other modifications. Said proposal may also require a Sign Variance from the Zoning Board of Appeals to replace the existing portal and Best Western sign with a modified portal and illuminated sign, requiring a recommendation from the Planning Board. Town of Ithaca Tax Parcel No, 62 -2 -13.7, Business District C. Cornell University, Owner; Southern Tier Hospitality, LLC, Applicant; Jagat Sharma, Agent, Said Planning Board will at said time and said place hear all persons in support of such matter or objections 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 hearing. Dated: Monday, November 23, 1998 Publish: Wednesday, November 25, 1998 Jonathan Kanter, AICP Director of Planning 273 -1747 $ yr 1, A TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Karen M. Van Etten 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 Hearings 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 December 1 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: November 23, 1998 November 25, 1998 G7/1'1 Karen M.Van Etten, Secretary Town of Ithaca. STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) Sworn to and subscribed before me thtl th day o 1998. ALF ia� V'ublic. Notary ?ub!!c, Sta•, York Qualified in n- n^ �;pf?tit11S5loR tX':J;'ES `� NednesdayMo th6 25,1998 PLANNING BOARD NOTICE OF- PUBLIC '. Tuesday, December 1, E .1998 _ "By - direction of Ae Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Planning Board of the Town of Ithaca on Tuesday, December 1., 1998, at 126 East Seneca Street, Ithaca, N.Y., at the 'following time and an the following matter: 7:45 p.m. Consideration of Preliminary 'and Final Site Plan A proval and Rec -' ommendation 'to the Zoning -Board of Appeals Regarding Special Approval for interior and exterior modifications to .the Best Western UniversitIyy Inn, located at 1020 Ellis Hol• low Road. Said modifications include converting vacant res- taurant space on the lower, level of the Inn to guest rooms and rearranging the floor lay - out - of the second level,' replacing an existing fence surrounding the pool area, constructing a new retaining wall and walkway'at the east end of the main building (Building A), and other modi -' tications, Said proposal may also require a Sign Variance from the Zoning Board of Appeals to replace the exist -. ing portal and Best Western' sign with a modified portal and illuminated sign, requir- ing a recommendation from the Planning Board. Town of Ithaca Tax Parcel No. 62 -2 -13.7, Business District C. Cornell University, Owner; Southern Tier Hospitality, LLC, Applicant; Jagat Sharma, Agent. Said Planning Board will at said time and said place hear' all persons in support of such matter or objections thereto. Persons ma .:. appear by aggent�in . person. Individlials'with visual.impair- ments"eanna •impairments, or other special needs; "will be 'provided, with assistance.• as necessary, uponsequest.. Persons — esinng assistance . must m�akke such a requesF not less than 48 hours prior to the time of the public hearing Dated: Monday, November 23, 1998 Jonathan Kanter, -AICP - Director of Planning 273 -1747 November 25, 1998