HomeMy WebLinkAboutZBA Minutes 1980-07-09 r
TOWN OF ITHACA ZONING BOARD OF APPEALS
® JULY 9 , 1980
The Town of Ithaca Zoning Board of Appeals met on Wednesday , July 9 ,
1980 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New
York , at 7 : 30 p . m .
PRESENT : Vice - Chairman Jack D . Hewett , Edward W . King , Edward N .
Austen , Joan Reuning , Lewis D . Cartee ( Building Inspector ) .
ALSO PRESENT : Robert Johnston , Vice - President Tompkins County Expo .
Assoc . , Wesley J . Wells , Executive Secretary Tompkins County Expo . Assoc . ,
Bob Lynch ( WTKO ) , Young Lady from WHCU .
Vice -Chairman Hewett declared the meeting duly opened at 7 : 38 p . m .
APPEAL OF TOMPKINS COUNTY EXPO . ASSOCIATION , APPELLANT , WESLEY J . WELLS ,
AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SPECIAL
PERMIT FOR A COUNTY FAIR TO BE HELD FOR ONE WEEK IN SEPTEMBER ON THE SITE
OF THE FORMER RUMSEY- ITHACA CORP . PROPERTY , NOW OWNED BY THE FINGER LAKES
STATE PARK AND RECREATION COMMISSION , SOUTH OF EAST BUTTERMILK FALLS ROAD
AND STONE QUARRY ROAD , TAX PARCELS NO . 6 - 35 - 1 - 11 6 - 35 - 1 - 2 . 1 , AND 6 - 35 - 1 -
2 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER
ARTICLE V , SECTION 18 , AND ARTICLE XII , SECTION 53 , OF THE TOWN OF ITHACA
ZONING ORDINANCE .
® Vice - Chairman Hewett declared the Public Hearing in the above - noted
matter duly opened at 7 : 38 p . m . , and accepted for the record the Clerk ' s
Affidavit of Posting and Publication of the Notice of Public Hearing in
Town Hall and the Ithaca Journal on July 1 , 1980 , and July 4 , 1980 , res -
pectively , together with the Secretary ' s Affidavit of Service by Mail of
said Notice of Public Hearing on the various neighbors of the parcel in
question , the parties to the action and to various involved persons ,
agencies , and municipalities .
Mr . Hewett read the Appeal as noted above out loud .
Mr . Wells appeared before the Board , as agent for the Expo , and
presented the Appeal , a copy of which the Board members had before them ,
and which reads as follows :
" June 30 , 1980
Zoning Board of Appeals
of Town of Ithaca , New York
The Tompkins County Expo Association is requesting approval of the
board of appeals . To erect tents , and portable bleachers on the Rumsey
gravel property in the Town of Ithaca now owned by the Finger Lakes Park
commission . To hold a County Fair the week of September 3 - 7 , 1980 .
The Tompkins County Expo Association proposes to clean up the site ,
remove unsightly debris , regrade the site to a gentle slope maintain
natural drainage patterns , maintain and protect all existing wet lands
and trees on or contiguous to . the site . It is proposed also to seed the
Expo site with grass .
Zoning Board of Appeals - 2 - July 9 , 1980
e ,
Sanitary facilities will be provided by use of porta- Johns . We are now
working with . the Tompkins County Health Dept about how many we will need .
Security for the project is to be maintained around the clock by hired
Guards and employees of local and State police departments .
Temporary lighting including poles wire for parking and exhibit areas to
be erected for safety .
All equipment tents , lights , poles , bleachers , and debris will be removed
by the Tompkins County Expo afther completion of the Expo . The site will
be left in a neat and orderly condition better than those presently
existing . The National Guard of Horseheads N . Y . will supply equipment and
labor required to clean up and regrading the project site .
This entire project will be directed and supervised by a professional
engineer and land surveyor , Mr . Howard Schlieder assisted by an assistant
engineer employed by the City of Ithaca Department of public works .
This project to date has the support of the Tompkins County Chamber of
Commerce , Westend business association , Elmira road merchants association ,
and Congressman Gary Lee and Congressman Matt McHugh .
We appreciate your Interest and Support
Sincerely
( sgd . ) WJWells
® W . J . Wells
Executive Secretary "
Mrs . Reuning stated that the record should show that ' she is a
neighbor of the parcel in question .
Mr . Wells stated that the necessary documents from the Department
of Environmental Conservation and the Parks Commission are on the way .
The Secretary confirmed this statement by entering into the record a
telephone message received , this date , from Mr . Thomas Gell , Assistant
Regional Manager , Finger Lakes State Park and Recreation Commission ,
informing the Board that DEC has given a Permit to the Expo , necessary
because of the proximity of designated wetlands , and further . informing
the Board that all SEQR requirements for DEC and State Parks and Recrea-
tion Commission are okayed , and that the same are in the mail now .
Mr . Wells presented for the record letters in support of this project
from the following agencies :
1 . Tompkins County Chamber of Commerce , Inc .
2 . Laborers ' International Union of North America , Local Union No . 589 ,
3 . United Association of Journeymen and Apprentices of the Plumbing and
Pipe Fitting Industry , Local No . 109 ,
4 . Gary A . Lee , Member of Congress , 33rd District , New York .
5 . Matthew F . McHugh , Member of Congress , 27th District , New York ,
6 . The West End Business Association , J . B . Graves , President .
® 7 . The Elmira Road Merchants ' Association , Robert G . Cutting , Vice -Pres .
All of these documents are attached to the Official Minutes of this
meeting maintained in the Official Minute Book of the Zoning Board of
Appeals .
Mrs . Reuning stated that Jack Powers , David Powers' son , a neighbor ,
Zoning Board of Appeals - 3 - July 9 , 1980
ti
was in favor - of this project .
® Mr . Wells described a meeting of the Expo Board to which neighbors
were invited .
Mr . Wells stated that a $ 300 , 000 liability insurance policy was
filed today , July 9 , 1980 , effective at 12 : 01 a . m .
Mr . King asked if the Expo had received any letters or any opposition
to this project . Mr . Wells stated that they had not . Mr . King asked if ,
at the meeting he referred to , there was discussion of what the Expo is
going to do . Mr . Wells stated that there was and added that Mr . Jack
Powers was at that meeting of the Board . He stated that garbage in the
adjacent lots was discussed and they offered to clean that up also , even
though it is not part of the project .
Mr . King referred to the plan presented with the application ,
entitled " Proposed regrading plan for abandoned sand bank tract , Butter -
milk State Park , Ithaca , New York , prepared for Ithaca Fair Association " ,
by Howard R . Schlieder , and dated June 14 , 1980 , and noted that there are
a couple of concrete walls that are labeled '.' to be removed " . Mr . King
asked what the purpose of these walls is .
Mr . Johnston stated that they were truck filling bases used during
the gravel operation . Mr . Wells added that the Town Engineer , Mr .
Fabbroni , went out to the site and he thought that those could be
removed . Mr . Johnston stated that also an old wooden structure that is
® falling down will be removed .
Mr . Cartee asked about the retaining wall parallel with the road .
Mr . Wells stated that they are leaving that .
Mr . Austen asked if this were going to be _. the permanent site of the
Expo . Mr . Wells stated that it was not ; this is temporary . He stated
that the Parks Commission said to let it go through one year . Mr . Wells
stated that they have spent some time talking with the City of Ithaca .
Mr . Johnston commented that that process was very lengthy and that the
land in the Southwest Park would have been under water for this year , but
that that is the ideal location .
Mr . King noted. that on the west side of the project there is indica -
tion of trees to be removed . Mr . Wells stated that he thinks those are
sumac and added that they are not removing any of the trees on the site .
Mr . Johnston stated that the Corps of Engineers will be doing this
work and they will be levelling off all of the gravel area ; the Expo will
put in the lights . He said the _ utility`:_ poles will be used for the lights
to light up the area for safety reasons . He added that the new poles will
not be removed .
Mr . King stated that that Board might be concerned with the location
of the poles insofar as protecting the Elmira Road traffic from undue
glare . Mr . Wells : stated that the lights will be the dusted down type of
lights facing inwards .
Mr . King went over the plan At length with Mr . Johnston . The slope
was discussed and Mr . Johnston noted that the plan in front of the Board
is not the final map , there being some areas that the Park Commission does
not want them to touch . An eight foot slope was discussed .
Zoning Board of Appeals - 4 - July 9 , 1980
Mr . Johnston stated that when the Expo leaves , they will try to
plant grass seed , after cleanup , to see if it would take .
® Mrs . Reuning asked about the use of porta- johns . Mr . Johnston stated
that they will be used and added that there are two bathrooms in the
existing building . Mr . Wells stated that they have contacted the Health
Department and they said that 8 to 9 porta - johns would be needed .
Mrs . Reuning asked about drinking water . Mr . Wells stated that they
hope to hook up this Saturday and after that the Health Department will
come in : He stated that the Health Department was over on Wednesday . He
said that they also asked the Expo to bury a 1 , 000 gallon tank for the
dumpage of the carnival people ' s sanitary waste .
Mr . Cartee stated that the Expo is talking about a holding tank for
a dumping station and asked if the Town can assume that in re the waste
water from each dwelling unit , each will pull up to that . Mr . Johnston
stated that the Expo is going to insist on that . Mr . Wells stated that
the gentleman from the Health Department said that there is always one
who will try to dump it . Mr . Cartee asked who is going to maintain
surveillance . Mr . Wells replied that both the Expo Association and the
Health Department will do so .
Mr . Cartee asked for the location of the drilled well . Mr . Wells
stated that it is in the northeast corner next to the masonary building .
Mr . Cartee stated that he would be concerned with its relationship with
the well , noting that there are no Health Department records for
® water quality out of this well . Mr . Wells stated that the Health Depart -
ment spoke to the City of . Ithaca and " over here " ( indicating on map ) ,
across the road there is City water that could be tapped into .
Mr . Cartee stated that we are assuming that the quality and quantity
of the well is good and asked how the Expo proposes to distribute this
water . Mr . Wells described the use of a plastic tubing overground or
the use of a trench and just bury it . Mr . Cartee asked what water pressure
they could expect to provide at faucets throughout the sites . Mr . Wells
stated that he could not answer that . question . Mr . Cartee asked if there
is a wellhouse . Mr . Wells said that there is a wellhouse , holding tank ,
pressure tank . Mr . King stated that they must have had fairly high
pressure in order to clean the gravel . Mr . Johnston commented that Mr .
Charles Barber from the City of Ithaca was supposed to be at this hearing .
Mr . Cartee asked what happens next . Mr . Wells stated that from the
Health Department they go to the City and he has talked with Mr . Claude
Colleyacme and they use fire hose and hook to the plastic tubing . Mr .
Cartee stated that if they cannot find water , they would have to go to
the City .
Mr . Cartee asked what the Fair dates are . Mr . Wells replied ,
September 3rd through 7th , 1980 , Mr . Cartee asked how many people they
expect . Mr . Johnston estimated 30 , 000 . Mr . Cartee asked about the hours
of the Fair . Mr . Wells replied , 3 : 00 p . m . to 10 : 00 or 11 : 00 p . m . , Wednes -
day , Thursday , Friday , and Saturday , 10 : 00 a . m . to 11 : 00 p . m . , and Sunday ,
10 : 00 a . m . to 8 : 00 or 9 : '00 p . m . Mr . Cartee noted that this was over 7
hours a day and asked how many people were expected during a day . Mr .
Johnston replied that probably at any given period of the day from two
to three thousand , which . he said is probably high . He noted that Cornell
University students will be back , Ithaca College students , and TC3 students
too . Mr . Cartee noted that on Saturday and Sunday we are talking about
12 hours and asked what their projection would be as to these two days .
i
Zoning Board of Appeals - 5 - July 9 , 1980
Mr . Johnston said probably an additional 1 , 000 , adding that these numbers
are strictly guesses .
® Mr . Cartee stated that he has some reservations about 8 porta- johns ,
really , noting that he has had some experience with other fairs . Mr .
Johnston stated that they will get more if needed . Mr . Cartee stated
. that the question is - - are they available right then ? Mr . Johnston
stated that they could have them there in an hour . Mr . Cartee stated
that he would like to see the Expo start with more with provision that
they get more after that . Mr . Johnston asked how many . Mr . Cartee
replied sixteen ( 16 ) , adding that. he would rather they not need pumping .
Mr . Johnston stated that they will have 16 plus the two rest rooms in the
building .' Mr . Cartee stated that the reliability of this building is
not known at this point , adding that . it has been closed for some time .
Mr . Cartee stated that he had talked to the Health Department today and
he was not . pleased with the number of eight porta - johns . He added that
he was talking as the Town Building Inspector . Mr . Cartee stated that
he assumes that the company will come and pump and . do the usual disinfec -
ting . Mr . Johnston agreed and added that they will also take care of
the carnival people ' s dumping . Mr . Johnston stated that if it looks like
they need it , they . would ask the company for a truck on - site during
Saturday and / or Sunday .
Mr . Cartee asked what sort of refuse containers would be used . Mr .
Wells stated that they have contacted Collins Disposal Service and he will
supply dumpsters and see that they are dumped regularly .
® Mr . Cartee stated that the Health Department will take care of the
issuance of food permits and inspection thereof .
Mr . Cartee stated that he assumed the Expo will have first aid and
a first aid building . Mr . Wells stated that the Red Cross will be on
the grounds round the clock . Mr . Wells added that the grounds will be
policed by local police and that they are hiring guards also . He said
there will also be State Police and also the Park Commission Police will
be represented there .
Mr . Cartee stated that he assumed that Mr . Wells ' office is an
agent of the Expo Fair and that , should a permit be issued , he will have
an ear open for him ( Cartee ) . Mr . Wells and Mr . Johnston stated that this
. would definitely be the case .
Mrs . Reuning asked about parking . Mr . Wells stated that there is
parking for 500 cars and added that through advertising they are recom-
mending and urging thatlpeople . take the bus . He said that he has talked
with Mr . Bernie Carpenter of Ithaca Transit and he has stated that busses
running later in the evening may be put on . Mr . Wells commented that
parking is free . Mr . Johnston stated that the Expo is going to police
parking very strenuously , noting that the Explorers will do some of this .
Mr . King asked when they encourage people to use the City bus , where
would they park . Mr . Johnston stated that they are encouraging people
to use Woolworth ' s parking lot and catch the bus there .
Mr . King asked what kind of drainage is being provided " here "
( indicating on plan ) , adding that he sees that they have designated
proposed culverts . He asked if they are essentially changing the
drainage . Mr . Johnston stated that Mr . Barber of the City Dept . of
Public Works is doing this and he does not know all about it , adding
that he was sorry that Mr . Barber was not here . Mr . Wells stated that
. Zoning Board of Appeals - 6 - July 9 , 1980
engineers at the City have looked at this matter .
Mr . King asked when they proposed to start work . Mr . Wells replied ,
Saturday , July 12th , 1980 . He noted that the engineers are a voluntary
group . He said they will work this weekend and the first weekend in
August when they will do the fine grading , and then return on the 16th
of August for any other work . He said there will be something like 70
men and there will be two big bulldozers .
Mr . King stated that one thing the Board ought to be concerned about
is that both Mr . Cartee and Mr . Fabbroni , the Town Engineer , would have
the right to oversee and look in on the project and that they would be
listened to . Both Mr . Wells and Mr . Johnston stated that that would
absolutely be the case . Mr . King stated that subject to that condition
he would be in favor of a special permit .
MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve .
and hereby does approve the Short Environmental Assessment Form as com-
pleted by W . J . Wells , Executive Secretary of the Tompkins County Expo .
Association , dated June 27 , 1980 , and reviewed by Barbara Z . Restaino ,
Town Planner with the recommendation that there will be no significant
environmental impacts .
By way of discussion , it was noted that the NYS D . E . C . has approved
this project and the NYS Parks & Recreation Commission , as lead agency ,
has made a negative declaration ( determination of no significance ) , a copy
® of which the Town will receive .
There being no further discussion , the Vice - Chairman called for a
vote .
Aye - Hewett , King , Austen , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that . the Town of Ithaca Zoning Board of Appeals having
interpreted Section 18 , paragraph 5 , of the Town of Ithaca Zoning Ordinance
as providing its authority , grant and hereby does grant a Special Permit
to the Tompkins County Expo . Association , Wesley J . Wells , as Agent , for
a County Fair to be held on the site of the former Rumsey - Ithaca Corp .
property , now owned : by the Finger Lakes State Parks and Recreation
Commission , subject to the condition that the Executive Secretary of
said Expo . Association and the Fair officials will cooperate fully with
the Town of Ithaca Building Inspector and with the Town of Ithaca
Engineer , and during the course of the operations will listen to and
abide by any recommendations that they may have , and further , upon the
understanding that the Expo will provide the sixteen ( 16 ) porta- johns
initially .
There being no further discussion , the Vice - Chairman called for a
vote .
Aye - Hewett , King , Austen , Reuning .
Nay - None .
Zoning Board of Appeals - 7 - July 9 , 1980
The . MOTION was declared to be carried unanimously .
The Vice - Chairman declared the Public Hearing in the matter of the
Expo . Association Appeal duly closed at 8 : 30 p . m .
its
Mr . Wells and Mr . Johnston thanked the Board for / time and considera -
tion .
DISCUSSION OF PROPOSED ZONING ORDINANCE
The Board members present held a lengthy discussion of proposals
for input by the Zoning Board of Appeals into the proposed zoning
ordinance .
The Board members agreed to meet again on July 23rd and continue
discussion and prepare a final document for inclusion in the proposed
zoning ordinance .
ADJOURNMENT
Upon Motion , the July 9 , 1980 , meeting of the Town of Ithaca Zoning
Board of Appeals was adjourned at 9 : 25 p . m .
® Respectfully submitted ,
Nancy M . Fuller ,
Secretary ,
Jack D . Hewett , Vice -Chairman
f
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARING
WEDNESDAY , JULY 9 , 1980
By direction of . the Chairman of the Zoning Board of Appeals ,
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the
Zoning Board of Appeals of the Town of Ithaca under the Zoning
Ordinance of the Town of Ithaca , on Wednesday , July 9 , 1980 , in the
Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at
the following time and on the following matter :
7 : 30 P . M . Appeal of Tompkins County Expo . Association , Appellant ,
Wesley J . Wells , as agent , from the decision of the
_ Building Inspector denying Special . Permit for a County
Fair to be held for one week in September on the site
of the former Rumsey - Ithaca Corp . . property , now owned
by the Finger Lakes State Park and Recreation Commission ,
south of East Buttermilk Falls Road and Stone Quarry
Road , Tax Parcels No . 6 - 35 - 1 - 1 , 6 - 35 - 1 - 2 . 1 , and 6 - 35 - 1 - 2 . 2 ,
Ithaca , N . Y . Permission is denied by the Building
Inspector under Article V , Section 18 , and Article XII ,
Section 53 , of the Town of Ithaca Zoning Ordinance .
Said Board of Appeals will at said time and said place hear all .
persons in support of such matters or objections thereto . Persons
may appear by agent or in person .
® Lewis D . Cartee
Building Inspector
Town of Ithaca
Dated : July 1 , 1980
Publish : July 4 , 1980
e •
® TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Jean H . Swartwood , . being duly sworn , say
. that I am the Town $ Clerk of the Town of Ithaca , Tompkins County , New
York , that the following notice has been duly posted on the * sign . board
of the Town Clerk of the Town of Ithaca and that the notice has been
duly published in the local newspaper : ( Ithaca Journal )
Notice of Public . Hearing to be held by the Town of Ithaca Zoning
Board of Appeals on Wednesday , July 9 , 1980 , in Town Hall , 126 East
Seneca Street ( second floor ) , Ithaca , N . Y . , commencing at 7 : 30 p . me
as per attached .
Location of sign board used for posting : Front Entrance to Town Hall
Date of Posting : July 12 _ 1980
Date of Publication : July 4 1980
own Clerk '. Town of Ithaca
STATE OF NEW YORK
COUNTY OF TOMPKINS . ss ,
®TOWN OF ITHACA - )
Sworn to and subscribed before me this 9th day of July
19 80 CONSTA. NCE E. LLLEN
Notary Public, Sta' e of New York
Qulliiied in lor,:nkins County e,
Term Lspires .March 30, i9p/ - Notary Public
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARING
WEDNESDAY , JULY 9 , 1980
By direction of the Chairman of the Zoning Board of Appeals,
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the
Zoning Board of Appeals of the Town of Ithaca under the Zoning .
Ordinance of the Town of Ithaca , on Wednesday , July 9 , 1980 , in the
Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at
the following time and on the following matter :
7 : 30 P . M . Appeal of Tompkins County Expo . Association , Appellant ,
Wesley J . Wells , as agent , from the decision of the
Building Inspector denying Special Permit for a County
® Fair to be for one week in September on the site
of the former Rumsey - Ithaca Corp . property , now owned
by the Finger Lakes State Park and Recreation Commission ,
south of East Buttermilk Falls Road and Stone Quarry
Road , Tax Parcels No . 6 - 35 - 1 - 1 , 6 - 35 - 1 - 2 . 1 , and 6 - 35 - 1 - 2 . 2 ,
Ithaca , N . Y . Permission is denied by the Building
Inspector under Article V , Section 18 , and Article XII ,
Section 53 , of the Town of Ithaca Zoning Ordinance ,
Said Board of Appeals will at said time and said place hear all
persons in support of such matters or objections thereto . Persons
may appear by agent or in person .
Lewis D . Cartee
41 Building Inspector
Town of Ithaca
Dated : July 1 , 1980
Publish : July 4 , 1980
12 ITHACA JOURNAL . Friday , Jury 4, 1980
1 • Legul Notice:
I TOWN OF ITHACA ZONING
BOARD OF APPEALS, Notice of
Public Hearing, Wednesday, July
911980
By direction of the Chairman of
i the Zoning Board of Appeals, NO-
TICE IS HEREBY GIVEN that a 1
Public Hearing will be held by the II
Zoning Board of Appeals of the
Town of Ithaca under the Zoning
Ordinance of the Town of Ithaca,
on Wednesday, July 9, 1980, in the
Town Hall, 126 East Seneca Street
secondfloor ), Ithaca, efollatthe
following time and on the following
matter :
7 : 30 P.M. Appeal of Tompkins
County Expo.. . Association, Ap-
pellant, Wesley J . Wells, as agent,
from the decision of the Building
Inspector denying Special Permit
for a County Fair to be held for one
week in September on the site of
the former Rumsey-Ithaca Corp.
property, now owned by the Fin yer-
Lakes State Park and Recreation
Commission, south, of East ' But.
termilk Falls Road and Stone
Quarry Road, Tax Parcels No.
6-35-1 .1, 6.35.1 -2. 1 , and . 6-35-172.2#
Ithaca N . Y . Permission is denied
by 'the Building Inspector under
Article V. Section 18, and Article
'Xll , Section 53, of the Town of .
Ithaca Zoning Ordinance.
Said Board of Appeals will at
said time and- said place hear all
persons In support of Such• ters
orobjections tht
thereto. Persons
appear by agent or in person.
_i Lewis_D.-Cartee .
,Building Inspector
•
' .Town of Ithaca
July 1, 1980
AFFIDAVIT OF SERVICE OF MAIL
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS . :
Nancy M . Fuller , being duly sworn , deposes and says , that
deponent is not a party to the action , is over 21 years of age
and resides at 316 Turner Place , Ithaca , N . Y .
That on the lst day of July , 1980 , deponent served the
within Notice upon :
Wesley J . Wells , Exec , Sec . George K . Voss
Tompkins County Expo . Assoc . 202 Jersey Hill Road
Box 734 Ithaca , NY 14850
Ithaca , NY 14850
Allen S . Becker
Thomas E . Gell 115 Glenside Road
Assistant Regional Manager Ithaca , NY 14850
Finger Lakes State Park &
Recreation Commission Moss E . Sweedler
Trumansburg , NY 14886 White Hall
Cornell University
Truman K . Powers , Esq . Ithaca , NY 14853
Savings Bank Building
® Ithaca , NY 14850 Hilda K . Guterman
605 Elmira Road
Treman & Clynes Ithaca , NY 14850
Attorneys at Law
Seneca Street Earland & Robert Mancini
Ithaca , NY 14850 22 Renwick Heights Road
Ithaca , NY 14850
Joseph M . Powers
Regional Director of Transportation Yunis Realty , Inc .
NYS Department of Transportation 214 East Church Street
Region 3 Office Elmira , NY 14901
333 East Washington Street
Syracuse , NY 13202 T & M Convenience of Ithaca ,
Inc .
Robert I . Williamson , Esq , 614 Elmira Road
Tompkins County Attorney Ithaca , NY 14850
317 North Tioga Street
Ithaca , NY 14850 William & Grace Stewart
104 East Buttermilk Falls Road
William Mobbs Ithaca , NY 14850
Commissioner of Public Works
Tompkins County Margaret Rumsey
Bostwick Road 110 East Buttermilk Falls Road
Ithaca , NY 14850 Ithaca , NY 14850
IAK Joseph Rundle , Clerk Mary Mursko
City of Ithaca West Buttermilk Falls Road
tr 108 East Green Street Ithaca , NY 14850
Ithaca , NY 14850
Geraldine A . Powers
Milo Kouf Buttermilk Falls Road
1939 Elmira Road Ithaca , NY 14850
Newfield , NY 14867
David & May Powers
Phoebe F : Parr . & E . Hanshaw 106 West Buttermilk Falls Road
2490 Slaterville Road Ithaca , NY 14850
Slaterville Springs , NY 14881
Loran Marion
A . J . VanBuren , Jr . 723 Five Mile Drive
616 North Aurora Street Ithaca , NY 14850
Ithaca , NY 14850
Sanford & Joan Reuning
112 West Buttermilk Falls Road
Ithaca , NY , 14850
' - 2 -
By depositing same enclosed in a postpaid addressed wrapper ,
in a post office under the exclusive care and custody of the
United States Post Office Department within the State of New York .
ancy M . Fulle
Sworn to before mehi
t s
9th day of July , 1980 ,
ary Public
JEAN H. SWARTWOOD
® Notary Public, State of New York
No. 4702044
Qualified in .Tompkins County
Commission expires March 30, 19,IEZ
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARING
WEDNESDAY , :_ JULY 9 ; '1980
By direction of the Chairman of the Zoning Board of Appeals ,
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the
Zoning Board of Appeals of the Town of Ithaca under the Zoning
Ordinance of the . Town of Ithaca , on Wednesday , July 9 ; 1980, in the
Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at
the following time and on the following matter :
7 : 30 P . M . Appeal of Tompkins County Expo . Association , Appellant ,
Wesley J . Wells , as agent , from the decision of the
Building Inspector denying Special Permit fora County
Fair to be held for one week in September on the site
of the former Rumsey - Ithaca Corp . . property , now owned
by the Finger Lakes State Park and Recreation Commission ,
south of East Buttermilk Falls Road and Stone Quarry
Road , Tax . Parcels No . 6 - 35 - 1 - 1 , 6 - 35 - 1 - 2 . 1 , and 6 - 35 - 1 - 2 . 2 ,
Ithaca , N . Y . Permission is denied by the Building
Inspector under Article V , Section 18 , and Article XII ,
Section 53 , of the Town of Ithaca Zoning Ordinance .
Said Board of Appeals will at said time and said place hear all
persons in support of such matters or objections thereto . Persons
may appear by agent or in person .
Lewis D . Cartee
Building Inspector
Town of Ithaca
Dated : July 1 , 1980
Publish : July 4 , 1980
• TOMPKINS COUNTY
EXPO . ASSOCIATION
® BOX 734
CA, NEW YORK 14850
June 309 1980
Zoning Board of Appeals
of Town of Ithaca , New York
The Tompkins County Expo Association is requesting appoval of the
board of appeals . To erect tents , and portable bleachers on the Rumsey
gravel property in the Town of Ithaca now owned by the Finger Lakes Park
commission . To hold a County Fair the week of September 3 - 7 1980
The Tompkins County Expo Association propeses to clean up the site ,
® remove unsightly debris , regrade the site to a gentle slope maintain
natural drainage patterns , maintain and protect all existing wet lands
and trees on or contiguous to the site . It is proposed also to seed the
Expo site with grass .
Sanitary facilities will be provided by use of porta- Johns . We are now
working with the Tompkins County Health Dept about how many we will need .
Security for the project is to be maintained around the clock by hired
Guards and employees of local and State police departments .
Temporary light :.ingIncluding ' poles wire for parking and. exhibit areas to
be erected for safety .
All equipment tents , lights , poles , bleachers , and debris will be removed
by the Tompkins County Expo of ther completion of the Expo . The site will
be left in a neat and orderly condition better than those presently existing
The National Guard of Horseheads N . Y . will supply egipment and labor
required to clean up and regrading the project site .
This entire project will be directed and supervised by a professional
engineer and land surveyor , Mr . Howard Schlieder assisted by an assistant
engineer employed by the City of Ithaca Department of public works .
This project to date has the support of the Tompkins County Chamber of
Commerce , Westend business association , Elmira road merchants association ,
and Congressman , Gary Lee and Congressman Matt McHugh .
We appreciate your Interest and Support
Sincerely
t Paa&
W . J . Wells
Executive Secretary
_ PkIA
TOWN OF ITHACA A 78 eO
NEW YORK 6A 7 # 0
A P P E A L aetol # /O °�
to the
Building Inspector
and the Zoning Board of Appeals
of the Town of Ithaca , New York
Having been denied pX kgXjgjHXjRX Special Permit for a County Fair to
be held for one week in September
atthe site of the former Rumsey - Ithaca Corp . property Ithaca , New York ,
south of East Buttermilk FallsRoadand Stone Quarry Road , now owned by
the Finer akes State yParrkasnd i %gtrio�'it �a i
as shown n tie accom an i F6"f0&Qnbr other supporting
documents , for the stated reason that the issuance of such permit would
be in violation of
Article ( s ) V and XII , Section ( s ) 18 and 53 ,
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such denial and ,
in support of the appeal , affirms that strict observance of the Ordinance
would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as
follows :
See attached .
Signed VU.f elf . �xPcu �, U �c ✓Le th
Dated :
Ithaca , New York
Fee : $7 . 50
S1 40Rh( S
Z �
D Q
ti
�S9tiD RCG�� 1
® NEW YORK STATE PARKS b RECREATION Agency Building 1 . Empire State Plaza. Albany. New York 12238 Information 518474-0456
Orin Lehman. Commissioner
. t
Date • July 7 , 1980
EMB # : FL-1035
NEGATIVE DECLARATION
Notice of Determination of No Significance
Pursuant to the State Environmental Quality Review Act , as
amended , ( Article 8 of the Environmental Conservation Law ) and
Section 617 . 10 of the Statewide implementing regulations , a
determination has been made that the proposed action described
below will not have a significant effect on the environment .
LOCATION Town of - Ithaca ; Tompkins County , N . Y .
ACTION Issuance of temporary , revocable permit for holding of . county fair and
related site improvement work on former Rumsey Gravel property now -part of .
Buttermilk Falls State Park and under the administrative jurisdiction of the
Finger Lakes State Park and Recreation Commission , N . Y . S . Office of Parks and
Recreation .
t
BASIS FOR DETERMINATION
Completion of Parts I and II of an ' $nvironmental Assessment Form" pursuant
to Part 617 of SEQR as well as site visits and determinations by responsible state
and local officials .
AGENCY CONTACT
Thomas L . Cobb , Ph . D .
Associate Environmental Analyst 4
Environmental Management Bureau
N . Y . S . Office of Parks and Recreation
• Empire State Plaza
® Agency Bldg . 1 - 19th Fl .
Albany , NY 12238
Phone : 518 / 474 - 0400
• ` TOWN OF I THACA
• SHORT ENVIRONMENTAL_ ASSESSMENT FORM
INSTRUCTIONS : �CCQ i 7t o
( a ) In order to answer the questions in this short EAF it is assumed that the preparer
will use currently available information concerning the project and the likely impacts of
the action . It is not expected that additional studies , research or other investigations
will be undertaken .
( b ) If any question has been answered Yes the project may be significant and a
completed Environmental Assessment Form is necessary .
( c ) If all questions have been answered No it is likely that this project is not
significant .
( d ) Environmental Assessment
1 . Will project result in a large physical change to
the project site or physically alter more than
10 acres of land ? Yes No
2 . Will there be a major change to any unique or *01� No
unusual land form found on the site ? Yes
3 . Will project alter or have a large effect on an
existing body of water ? Yes _ No
4 . Will project have a potentially large impact on
® groundwater quality ? Yes No
5 . Will project significantly affect drainage flow on
adjacent sites ? Yes No
6 . Will project affect any threatened or endangered
plant or animal species ? Yes No
7 . Will project result in a major adverse effect on
a i r quality ? Yes _ 'No
8 . Will project have a major effect on visual
character of the community or scenic views or
vistas known to be important to the community ? Yes .' No
9 . Will project adversely impact any site or
structure of historic , pre - historic , or paleonto-
logical importance or any site designated as a
critical environmental area by a local agency ? Yes No
10 . Will project have a major effect on existing or
future recreational opportunities ? Yes No
11 . Will project result in major traffic problems or
cause a major effect to existing transportation
systems ? YesLNo
12 . Will project regularly cause objectionable odors ,
noise , glare , vibration , or electrical disturbance
as a result of the project ' s operation ? Yes * No
' . skiort Environmental Assessment Form Page Two
13 . Will project have any impact on public health
or safety ? Yes .' No
14 . Will project affect the existing community by
directly causing a growth in permanent population
of more than 5 per cent over a one - year period or
have a major negative effect on the character of
the community or neighborhood ? Yes 4No
15 . Is there public controversy concerning the
project ? Yes No
eec Wfoe
Signature of Applicant Signature of evi er
i C
Date Title
"kow,A (
Agency
Date R viewed
Reviewer ' s Recommendations :
Determination by Town of Ithaca Board :
Negative Declaration - determination of non - significance .
i� Action may be of significant environmental impact -
EAF required .
Signature of Chairperson
Date
TOMPKINS COUNTY DEPARTMENT OF PLANNING
Frank R . Liguori PE Commissioner of Planning
RECEIVED
July 10 , 1980 JUL 1 J. 1980
TOWN OF ! 7HAC.A
Mr . Lewis D . Cartee
Building Inspector
Town of Ithaca
126 E . Seneca St .
Ithaca , NY 14850
Re : Zoning Review Pursuant to Section 239 - 1 and - m of the New York
State General Municipal Law .
Case : Special Permit application of Tompkins County Expo . Association
( within 500 feet of a State highway ) .
Dear Mr . Cartee :
This will acknowledge the receipt of your proposal for review under
Section 239 -m .
The proposal , as submitted , will have no significant deleterious impact
on intercommunity , county , or state interests . Therefore , no recommenda-
tion is indicated by the County Planning Department and you are free to
act without prejudice .
Sincerely ,
e5 %111 e64e
Frank. R . Liguori
Commissioner of Planning
FRL : jk
128 East Buffalo Street , Ithaca , New York Telephone (607) 274 . 5286 / 274 . 5287
Haas � "Iiikerson -Wohlberg
jo ] SHOWMEN'S INSURANCE MEMBER O. A. B. A.
rM .
. .. .40 3101 BROADWAY KANSAS CITY, MO . 64111 816/ 756-1600 TELEX 42-6144
/
... ....... 319 N . 4th St. ST, LOUIS , MO , 63102 314/ 621 -0414 TELEX 44-7113
` P.O. BOX 13229 • ST. PETERSBURG , FL 33733 0 813 / 822-0392 o TELEX 52-3416
July 11 , 1980
Mr . W . J . Wells
TOMPKINS COUNTY EXPOSITION ASSN ,
Box 734
Ithaca , New York 14850
Dear Mr . Wells :
Effective 12 : 01 a . m . , 7 / 9 / 80 , we have bound general
liability coverage with total limits of $ 300 , 000
combined single limits per previous conversations .
Enclosed is a binder evidencing coverage and limits
provided which will serve as confirmation of coverage
pending receipt of finalized insurance contracts .
We are pleased to have the opportunity of working
with you on behalf of the Tompkins County Exposition
Association .. Whenever we may be of service , we hope
you will not hesitate to call .
Thanks .
Yours truly ,
William R . Wilkerson III
( Mrs . ) Dottie Thomure
WRW/DT/mk
encl .
HAAS-WILKERSON AFFILIATED COMPANIES
Haas-Wilkerson-Wohlberg Americana Services Lend Speed Insurars
Kansas City St. Louis St. Petersburg Kansas City Kansas City Sacramento Flint
M y{
CERTIFICATE OF INSURANCE
. BINDER
J
DOES INSURE : The policy provides as additional assureds
hereunder any fair or exposition , association ,
TOMPKINS COUNTY EXPOSITION ASSN , sponsoring organization or committee, or the
BOX 734 owner or lessee of any premises used by the
Ithaca , New York 14850 named insured but only as respects accidents W
arising out of the business operations of the
insured hereunder.
NATIONAL UNION FIRE INSURANCE COMPANY # S9922566 7 / 9 / 80 - 7/ 9 / 81 .
COMPREHENSIVE GENERAL LIABILITY - $ 300 , 000 COMBINED SINGLE LIMIT
PREMISES/OPERATIONS - INCLUDED
►►�� CONTRACTUAL LIABILITY - INCLUDED
INDEPENDENT CONTRACTORS - INCLUDED
PERSONAL INJURY , EXCLUSION C DELETED - INCLUDED
PRODUCTS - INCLUDED
4
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ADDITIONAL INSURED '
LLff��
& CERTIFICATE. TO : NEW YORK STATE FINGER LAKES.
PARK COMMISSION
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1' y¢ 1� .1Yl+. F 4T Flaky A tip(1 p,
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CC : Insured
Mr . W . J . Wells
a TOMPKINS COUNTY EXP . ASSN 'Ah& . � �
BOX 734 HAAS-WILKERSON -WOHLBERG , INC .
Ithaca , New York 14850 { J
Fwmwgal
Haas - Wilkerson -W ® hberg
SHOWMEN'S INSURANCE a MEMBER O. A. B. A.
3101 BROADWAY KANSAS CITY, MO. 64111 816/ 756-1600 TELEX 42-6144
% 319 N . 4th St. ST. LOUIS, MO. 63102 o 314/ 621 -0414 TELEX 44-7113
P.O. BOX 13229 . ST. PETERSBURG , FL 33733 • 813 / 822-0392 a TELEX 52-3416
CLAIMS HANDLING INFORMATION
THE REPORT FORMS FURNISHED TO YOU ARE I1I TpIPLICATE
REQUIRING NO CARBONS .
THE ORIGINAL WHITE SHEET SHOULD BE MAILED TO THE
NATIONAL UNION REGIONAL CLAIMS SUPERVISOR INDICATED AT
THE BOTTOM OF THIS LETTER .
THE YELLOW COPY SHOULD BE MAILED TO .
HAAS -WILKEASON* WOHLBERG
3101 BROADWAY
KANSAS CITY , AIISSOURI 64111
ATTN . DOTTIE THOMURE
THE PINK COPY IS TO BE RETAINED FOR YOUR RECORDS .
_ PLEASE CALL OUR TOLL FREE TIATS LINE IN" THE EVEN:'
OF SERIOUS LOSS OR INJURY , 1 - 800 - 821 - 7703 . AFTER OFFICE
HOURS AND WEEKENDS , CALL BILL WILKERSON ,
YOUR COOPERATION WILL ASSIST US IN PROVIDING YOU
WITH PROMPT CLAIM SERVICE ,
REGIONAL CLAIMS SUPERVISOR
Mr . David G . Ochse Telephone : ( 518 ) 482 - 8681
American International Adj . Co .
Stuyvesant Plaza
Executive Park North
Western Avenue
Albany , New York 12203
HAAS-WILKERSON AFFILIATED COMPANIES
Hees-Wilkerson-Wohlber9 Americana Services Lend Speed Insurors
Kansas City St. Louis St. Petersburg Kansas City Kansas City Sacramento Flint