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HomeMy WebLinkAboutZBA Minutes 1991-07-10 FLED TOWN OF ITHACA baro TOWN OF ITHACA ZONING BOARD OF APPEALS C1er JULY 10 , 1991 i•- _ _ �. THE FOLLOWING MATTERS WERE HEARD ON JULY 10 , 1991 BY THE BOARD . APPEAL OF WILLIAM ALBERTA , APPELLANT , REQUESTING A VARIANCE ' FROM ARTICLE V , SECTION 20 , OF THE TOWN OF ITHACA ZONING ORDINANCE , ` TO BE PERMITTED TO CONSTRUCT AN ACCESSORY STRUCTURE / BUILDING WITH A FINISHED HEIGHT OF 21 FEET , LOCATED AT 751 ELM STREET EXTENSION , TOWN OF ITHACA TAX PARCEL NO . 6 - 26 - 1 - 29 , RESIDENCE DISTRICT It= 3O . SAID ORDINANCE PERMITS ACCESSORY STRUCTURES TO HAVE A FINIuHED HEIGHT OF 15 ' ONLY . GRANTED APPEAL OF CORNELL UNIVERSITY , OWNER , LAWRENCE P . FABBRONI , � P . E . , AGENT , REQUESTING A MODIFICATION OF THE SPECIAL ' APPROVAL GRANTED BY THE ZONING BOARD OF APPEALS ' ON APRIL l0jr'.' `1991 , FOR A TEMPORARY PARKING LOT AT THE SITE OF THE FORMER OXLEY ARENA , LOCATED ON DRYDEN ROAD ( N . Y . S . RTE . 366 ) , TOWN OF ITHACA TAX PARCEL NO , 6 - 63 - 1 - 8 . 2 , RESIDENCE DISTRICT R- 30 . SAID MODIFICATION IS TO ALLOW FOR THE PLACEMENT OF UP TO SIX STORAGE TRAILERS FOR THE PURPOSE OF STORING CONSTRUCTION MATERIAL FOR ON-GOING CONSTRUCTION PROJECTS OF THE UNIVERSITY . THE MODIFICATION IS REQUESTED UNDER ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE . APPROVED WITH CONDITIONS APPEAL OF CORNELL UNIVERSITY , OWNER , LAWRENCE P . FABBRONI , P . E . , AGENT , REQUESTING A MODIFICATION OF THE SPECIAL APPROVAL GRANTED BY THE ZONING BOARD OF APPEALS ON OCTOBER 10 , 1990 , FOR THE PLACEMENT OF AN ABOVE -GROUND FUEL STORAGE TANK WITHIN THE AREA OF THE MAINTENANCE AND SERVICE OPERATIONS GARAGE , LOCATED OFF N . Y . S . RTE . 366 ON CORNELL UNIVERSITY ' S PALM ' ROAR , TOWN ' Ir OF ' ' ITHACA �TAXRPARCEL NO . 6 - 64 - 1 - 2 , RESIDENCE ' DISTRICT R- 30 , SAID MODIFICATION IS FOR THE PLACEMENT OF THE FUEL STORAGE TANK IN A DIFFERENT ONSITE LOCATION FROM THAT PREVIOUSLY APPROVED . THE MODT"FICATION IS REQUESTED UNDER ARTICLE V , SECTION 18 , OF THE TOWN OF `-ITHACA ZONING ORDINANCE . APPROVED WITH CONDITIONS ® Town of Ithaca 3 Zoning Board of Appeals July 10 , 1991 Mr . Frost presented photos to the Board which reflect recent changes to the site since April 10 , 1991 . Mr . Fabbroni explained that the trailers in question are typically used by contractors and sub - contractors who have equipment that has to be installed in a building that can ' t be left on a building site or left in the open and subject to theft or damage , etc . Mr . Fabbroni said that they would like to get some of the commotion off of Central Campus even though the construction will go on in one building or another over the next six years . Mr . Fabbroni explained that the trailers will not be moving from the site . Pick - up trucks will be coming to the trailers maybe two or three times a day to get whatever materials they may need out of them . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Chairman Austen referred to the Adopted Resolution from the Planning Board meeting on July 2 , 1991 , which is attached hereto as Exhibit # 2 . Chairman Austen referred to the S / EAF and its review as signed by Assistant Town Planner George Frantz on June 28 , 1991 , attached hereto as Exhibit # 3 . Environmental Assessment MOTION By Mrs . Joan Reuning , seconded by Mr . Pete Scala . RESOLVED , that , in the matter of Cornell University requesting a modification of the Special Approval granted by the Zoning Board of Appeals on April 10 , 1991 , for a temporary parking lot at the site of the former Oxley Arena , located on Dryden Road ( N . Y . S . Route 366 ) , Town of Ithaca Tax Parcel No . 6 - 63 - 1 - 8 . 2 , Residence District R - 30 , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . A vote on the Motion resulted as follows . Ayes - Reuning , Scala , Austen , King , Hines . Nays - None . The Motion carried unanimously . Town of Ithaca 4 Zoning Board of Appeals July 10 , 1991 MOTION By Mrs . Joan Reuning , seconded by Mr . Pete Scala . RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve and hereby does approve a modification of the Special Approval granted by the Planning Board for a temporary parking lot at the site of the former Oxley Arena to allow the placement of up to six storage trailers for the purpose of storing construction material for ongoing construction projects at Cornell University , subject to the following conditions . 1e the placement of such trailers shall terminate at the same time as the expiration of the special approval previously granted . 2 * storage shall be limited to normal construction supplies and no toxic materials shall be stored in any of the trailers . 3e all other terms of the prior Special Approval shall remain in effect . and be it further RESOLVED , that the referenced time condition imposed shall be . 10 that the Special Approval shall remain in effect until January 1 , 1997 . A vote on the Motion resulted as follows : Ayes - Reuning , Austen , King , Hines , Scala . Nays - None . The Motion carried unanimously . Town of Ithaca 5 Zoning Board of Appeals July 10 , 1991 The next Appeal to be heard by the Board was the following . APPEAL OF CORNELL UNIVERSITY , OWNER , LAWRENCE P . FABBRONI , P . E . , AGENT , REQUESTING A MODIFICATION OF THE SPECIAL APPROVAL GRANTED BY THE ZONING BOARD OF APPEALS ON OCTOBER 10 , 1990 , FOR THE PLACEMENT OF AN ABOVE -GROUND FUEL STORAGE TANK WITHIN THE AREA OF THE MAINTENANCE AND SERVICE OPERATIONS GARAGE , LOCATED OFF N . Y . S . RTE . 366 ON CORNELL UNIVERSITY ' S PALM ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 64 - 1 - 2 , RESIDENCE DISTRICT R - 30 . SAID MODIFICATION IS FOR THE PLACEMENT OF THE FUEL STORAGE TANK IN A DIFFERENT ON - SITE LOCATION FROM THAT PREVIOUSLY APPROVED . THE MODIFICATION IS REQUESTED UNDER ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . Lawrence P . Fabbroni , P . E . , Agent , referred to an original and a revised site plan for the proposed changes as requested of the Board . He explained that the proposed changes are being made for primarily economic reasons and secondly , subsequent to the Board ' s approval , they were able to go and visit a number of facilities and there seemed to be simpler ways to handle the fuel dispensing while still building in the safeguards for the site and that is what led to the revised plan . The new site plan map is attached hereto as Exhibit # 4 . Mr . Fabbroni explained about the proposed tanks and how they would operate . He presented a colored sketch of the landscaping that is proposed for the area , which includes dumpsters behind a mound feature . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Chairman Austen referred to the Adopted Resolution from the Planning Board meeting on July 2 , 1991 . The Resolution is attached hereto as Exhibit # 5 . Chairman Austen referred to the S / EAF and its review as signed by the Assistant Town Planner on June 28 , 1991 , attached hereto as Exhibit # 6 . Environmental Assessment MOTION By Mr . Robert Hines , seconded by Mrs . . Joan Reuning : RESOLVED , that , in the matter of the Appeal of Cornell University requesting a modification of the Special Approval granted by the Zoning Board of Appeals on October 10 , 1990 , for the placement of an above - ground fuel storage tank within Town of Ithaca 6 Zoning Board of Appeals July 10 , 1991 the area of the Maintenance and Service Operations Garage , located . off N . Y . S . Route 366 on Cornell University ' s Palm Road , Town of Ithaca Tax Parcel No . 6 - 64 - 1 - 2 , Residence District R - 30 , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance , on the findings of Assistant Town Planner Frantz and as recommended by the Planning Board by Resolution on July 2 , 1991 . A vote on the Motion resulted as follows . Ayes - Hines , King , Austen , Reuning , Scala . Nays - None . The Motion carried unanimously . MOTION By Mr . Edward King , seconded by Mr . Robert Hines . RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve and hereby does approve the modifications to the Special Approval that was granted to Cornell University by this Board on October 10 , 1990 for the placement of an above - ground fuel storage tank within the area of the Maintenance and Service Operations Garage , located off N . Y . S . Rte . 366 on Cornell University ' s Palm Road , Town of Ithaca Tax Parcel No . 6 - 64 - 1 - 2 , Residence District R - 30 , with the following findings and conditions . 1e that these modifications will eliminate the service island and canopy and the shed over the tanks . 2s that these modifications will relocate the oil separator and change the site gradings . 3 * that these modifications will add two dumpsters to the west of the area . 4e that the final planting plan be submitted to the Town Planning Department for approval and that the proposed plantings be completed by October 1 , 1992 . 5 * that the Board ' s approval would also permit the re - orienting of the tanks to an east - west access or relocating them parallel for access . • Town of Ithaca 7 Zoning Board of Appeals July 10 , 1991 6 * that the entire pad may be relocated up to 15 feet to the west so that it would line up with the easterly wall of the existing building to the north . 7o that the landscaping of the dumpster site be approved by the Town Planner . A vote on the Motion resulted as follows . Ayes - King , Hines , Reuning , Scala , Austen . Nays - None . The Motion was carried unanimously . A Local Law Amending the Town of Ithaca Zoning Ordinance relating to permitted uses in business district " D " . Mr . Frost referred to a memo from John Czamanske , Planning Technician , in regard to a Local Law amending the Town of Ithaca Zoning Ordinance relating to permitted uses in business district " D " . The memo and attached proposed local law are attached hereto • as Exhibit V . MOTION : By Mr . Robert Hines , seconded by Mr . Edward Austen . WHEREAS , due to the fact that the Zoning Board of Appeals has dealt with this issue and wrestled with the difficulty of resolving the needs of the changing market situation of the petroleum industry , and WHEREAS , the Board thinks this amendment is an appropriate solution to meet the needs of the community , addresses the issue , provides a clear guideline to the public that is involved , and its protection lies within the purview of site plan approval ; now , therefore , be it RESOLVED , that , the Zoning Board of Appeals extends their sentiments in favor of a Local Law amending the Town of Ithaca Zoning Ordinance relating to permitted uses in business district " D " . A vote on the motion resulted as follows . Ayes - Hines , Austen , Reuning . Abstention - King . Absent from vote - Scala . The Motion was carried . • Town of Ithaca 8 Zoning Board of Appeals July 10 , 1991 Adjournment Upon a motion the meeting adjourned at 8 : 40 p . m . 4t'��Connie J . Holcomb Recording Secretary A Edward Austen , Chairman • • _ I r xr ��, I z ♦ ` 1 �or Olt 0,0 . _ i 011ie W4 � � 111 , 99 . _ .. / 11 l ' � 0 1 , 1 l Il , � A 1111 i � 1 Olt col n Vol o 77)CZ 11 it 11 1 Former Oxley Arena , off Dryden Road ( Rte . 366 ) Trailers for° Storage of Construction Materials Modification of April 10 , 1991 Special Approval Recommendation to the Zoning Board of Appeals ® Planning Board , July 2 , 1991 ADOPTED RESOLUTIONf Former Oxley Arena , off Dryden Road ( Rte . 366 ) Trailers for Storage of Construction Materials Modification of April 10 , 1991 Special Approval Recommendation to the zoning Board of Appeals Planning Board , July 2 , 1991 MOTION by Mr . Robert Ken erson , seconded by Mr . William Lesser : WHEREAS : 1 . This action is the Consideration of a Report to the Zoning Board of Appeals with respect to a request for Modification of the Special Approval granted by said Board of Appeals on April 10 , 1991 , pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , for the Cornell University Oxley Arena temporary parking lot , located off NYS Rte . 366 ( Dryden Road ) , Town ' of Ithaca Tax Parcel No . 6 - 63 - 1 - 8 . 2 , Residence District R - 30 , to allow placement of up to six storage trailers for the purpose of storing construction materials for on - going construction projects at the University . 2 . This is an Unlisted action for which • the Town of Ithaca Zoning Board of Appeals is legislatively determined to act as Lead Agency for `environmental review . The - Town of Ithaca Planning Board is an involved agency in coordinated review . 3 . The Planning Board , at Public Hearing . Pon July 2 , 1991 , has reviewed the proposed site plan and other drawings submitted by Cornell University , Parts 1 and 2 of the Short Environmental Assessment Form , the comments of the Environmental Review Committee of the Town of Ithaca Conservation Advisory Council , and other submissions related to this proposal , 4 . The Town Planning Department has recommended that a negative determination of environmental significance be made - for—thi`s action , THEREFORE , IT IS RESOLVED : 1 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action as proposed . 2 . That the Planning Board , in making recommendation to the Zoning Board of Appeals , determine and hereby does determine the following : a . that there is a need for the proposed use in the proposed locations Former- Oxley Arena , { off Dryden Road ( Rte . 366 ) - 2 - Trailers for Storage of Construction Materials Modification of April 10 , 1991 Special Approval Recommendation to the Zoning Board of Appeals Planning Board , July 2 , 1991 b , that the existing and probable future character of the neighborhood will not be adversely affected ; c , that the proposed change is in accordance with a comprehensive plan of development of the Town . That the Planning Board report and hereby does report to the Zoning Board of Appeals its recommendation that the request for modification of the Special Approval granted by said Board of Appeals on April 10 , 1991 , for the Cornell University Oxley Arena temporary parking lot , to allow placement of up to six storage trailers for the purpose of storing construction materials for on - going construction projects at the University , be approved , subject to the following conditions : a . The placement of such trailers shall terminate at the same time asp the expiration of the special approval previously granted . b . Storage shall be limited to normal construction supplies and no toxic materials shall be stored in any of the trailers . • ' c . All other terms of the prior special , approval shall remain • in effect . Aye - Grigorov , Kenerson , Baker , Langhans , Lesser , Smith , Hoffmann , s Aronson . Nay - None . CARRIED UNANIMOUSLY . At At k Nancy M . Fuller , Secretary , Town of Ithaca Planning Board , July 8 , 1991 . • Ex N � r3 � T �` 2 :-� Town Assigned Project ID Number Rev . 10 / 90 a Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM a For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART I - Proj•ect Information ( To be completed by Applicant or Project Sponsor ) j 1 . Applicant /Sponsor : 2 . Project Name : l COt 'AloCK4 ON IFRS / �Y � � ,� � 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : Tax Parcel Number : 4 . Is Proposed Action : ._ El NEW EXPANSION MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : 72S//S F'2� 'CT Q) . Pyo ,0 1 S / i N AXt9l ' FrCC01VAM- NQkG 60Y TNS T6 01V ill, NNIA/6 6019k40 ?b )R6 7//F• PR/oR Aaly i5 a0/f'i�0 X95 Q� � o�s = CO1VS7*06" 10N OFF ( CC C. Th'� •9k�A A cR�AOY T��tn`DF ^�Gi S i of 77�� SHFG �` . r9 y To�iYS T o�r ch' ' eA���'S - ( Aa�c`h'`s �parate sh��(,'3 1'f n��'ces�ery�t�" b�q�tely Cescnbe��he �oposed prol�t� f',�R�� H�E'n` 79 I - Amount of Land Affected : Initially (0-5 yrs) Acres ( 6 - 10 yrs) C'� Acres ( > 10 yrs ) d Acres How is the Land Zoned Presently ? SM 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES NO � . if no , describe conflict briefly FF. � S /9 �c�COcv�Ci �� �Ol�cj �`J I�CY ' r %� OCA c - 9 . Will proposed action lead to a request for new : Public Road ? YES NO Public Water ? YES El N0'0 Public Sewer ? YES N0- 10 . What is the present land use in the vicinity of the proposed project ? Residential Commercial J J Industrial F Agriculture Park /Forest /Open Space fIFFIFF1 Other Please describe : I l 1 1 . Does proposed action involve a permit approval , or funding , now or ultimately from any other governmental agency 'j ral , S ?(Fede , . -_YES NIf yes , listagency name and permit / approval / fundin 9 12 . Does anu aspect of.-the proposed action have a currentlu valid permit or approval ? YES NO If yes , list agency name and permit /approval . Also, state whether that permit /approval will require modification . 7a U� � � ��� �'; /q� rQ � c;4•� c�lov/.l fi A/,i�'� �'� �9��04� ,�`�S�G'�' 71S��o� G',� oX �'Y ���� I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE plicant /Sponsor -Name rint or Type) : /</9u��n�/Y�' /�' �9E61jQ /1'/ 40 / • Signature : • 611191 61 `7/ �XIT3 f ;FART 11 — ENVI RONMENTA ! ASSESSMENT (To be completed by the Town of ithaoa • Use attachments as necessary ) A . Does'proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 . 12 or Town Environmental Local Law ? YES NO If yes , coordinate the review process and use the Full EAF . `+ B . Will proposed action receivejcoordinated review as provided for unlisted actions in 6 NYCRR , Part 617 .67 YES NO (If no , a negative declaration may be superseded by another involved agency , if any .) .i C . Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legible ) Cl . Existing air quality , surface orgroundwater quality ; noise levels , existing traffic patterns , solid waste production : j and disposal , potential for erosion , drainage or flooding problems ? Explain briefly : r SEE ATTACK - C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? neighborhood character? Explain briefly Community .or SEE ATTACK C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain briefly Y SEE ATTACHED _ C4 . The Town 's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? Explain briefly : SEE ATTACHED CS . Growth , _subsequent development , or related activities likely to be induced by the proposed action ? Explain briefly SEE ATTACHED C6 . Long term , short term , cumulative , or other effects not identified in Cl - CS ? Explain briefly SEE ATTACHED C7 . Other impacts (including changes . in use of either quantity or type of energy ) ? Explain briefly SEE ATTACHED D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? A. YES NOR] If yes , explain briefly : E . Comments ofstaff , CAC � , Other ❑ attached . (Check applicable boxes) PART I I - DETERMINATION .OF_ SIGNIFiCANCE ( To be completed by the Town of Ithaca ) Instructions : For each.adverse effect identified_above , determine whether it is substantial , large , important or otherwise significant. Each effect should-be assessed in connection with its (a) setting (ie . urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope ; and (f) magnitude . If necessary , add attachments or reference supporting materials . Ensure that explanations corrtain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur . Then proceed directly to the full EAF and /or prepare a positive declaration . ❑ Check this box if yotil ave determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach- ments as necessary , wthe reasons supporting this determination . ZONING HOARD OF APPEALS Name of Lead Agency ` ` ` Prepare s Signatur If di ent from Responsible Officer) E Austen , .: . Chb. irman Na the of Respo lb It er in ad Agency Signature of Contributing Preparer S ure of Res ons le 0 icer in Lead Agency Date fir//$/ T 3 r :T! j PART II - Environmental Assessment - Proposed Placement of := Construction Trailers - at Oxley Temporary Parking Lot ;i A . Action is Unlisted . Be Action will receive coordinated review . C . Could action result in any adverse effects on , to or arising from the following : C1 . Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding problems ? None anticipated . Proposed modification is to allow placement of up to six construction material storage trailers at the eastern end of the Oxley Arena Parking Lot . No alteration to the parking lot itself is proposed . - No significant adverse effects on existing air quality ; surface or groundwater quality or quantity , noise levels , solid waste production of disposal , or potential for erosion , drainage , or flooding problems are expected as a result of the proposed action . C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? None anticipated . The proposed storage trailers will be placed on an existing temporary parking lot . No aesthetic , agricultural , historic , or other natural or cultural resources are known to exist on the site , or expected to otherwise be affected by the proposed action . Given the existing semi - industrial ( Cornell heating plant complex ) and university - related institutional land use in the vicinity , no significant adverse impact to community or neighborhood character is expected as a result of the proposed action . C3 . ' Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or endangered species ? ; Given the current use and character of the site , no significant adverse impacts to vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or endangered species are anticipated as a result of the proposed action . i r T 3 I C4 . A community ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? .a , None anticipated . The proposed storage trailers are considered 4 accessory uses to the overall function of Cornell University and as such are in conformance with the Town of Ithaca Zoning Ordinance . :j C5 . - Growth , subsequent development , or related activities likely . to be induced by the proposed action ? j None anticipated . C6 . Long term , short term , cumulative , or other effects not identified in C1 - 05 ? None anticipated . C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? None anticipated . D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? No controversy related to potential adverse environmental impacts is anticipated . PART III r Based on review of the materials submitted for the proposed action , the scale of it , and the information above , a negative determination of environmental significance is recommended . Lead Agency : Town of Ithaca Planning Board Reviewer : George R . Frantz , Assistant Town Planner . Review Date : June 28 , 1991 i • I I I Ea(H / ts/ T # 3 Environmental Review Committee ( ER Comm . ) of CAC Report from 6 / 17 and 6 / 25 meetings Cornell Univ . : Oxley parking modification 'i Short EAF : Part I : 415 - - The alread stoned area is east of the Y - parking spaces and fence on the sketch -- not east of the shed , and the proposed trailer area is SE of shed , not east of the shed 417 -- clarify to read that the temporary parking is to extend only through 1996 ' 418 - - Clarify this to make clear which access is restricted and how 4110 - - Since there is institutional use in the vicinity , " other " should also be checked and identified Part II : - - Still not available to ER Comm . Questions : :,i - - On the 6 / 91 srawing , what does " abandoned " refer to at lower left ? - - Will there be any toxic materials stored in the trailers ? ( If so , a simple approval of . the proposed modification is inappropriate , since there should be containment provisions . ) ER Comm . recommendation : Assuming the absence of toxics , we would agree with the modification of the special approval , but referring back to the discussion leading to the the original 3 / 19 Planning Bd . approval , which stated that there would be grass east of the fenced car parking lot , we recommend that this still be done ; there seems no need to expand the stone - and - gravel area as implied may have already been done on the sketch . B ,EX M / AL9 / T 1 ' -3 (90 nnnn ,n� ¢ L • ir CO uj Ir' nnn > > ' � ! !1 0 w > N W O C ln^ nJ W Z i r Z Z Li m N LJ r 2 2 ' . ' j 1 w w a O CA 044 N O aI I I I LLI a m �7 G) ¢ O T > o Z m Ow r O c7 LWl ' �� ��0 ° W " 0 3 J M. �i' x x Z o O a ¢ h a W U w ¢ Uj 3 a w ¢ �L x ¢ >_ J w t w a a 0 O O U Q U w w ¢ Ir O < 9 in 0 to D ♦- Z l I r rd .D.D ' n b1 1 IIS cn Qe 1 040 da Q i "- I m o I m � qN �As �LT ur I / r I / _ / 1 1 Cornell � University Maintenance and Service Operations ' Complex - 1 South of NYS Rte . r366 and West of Game Farm Road Further Modification of , October 10 , 1990 Special Approval Recommendation to the Zoning Board of Appeals ® Planning Board , July 2 , 1991 * * * * * * * * * * * * * * * * * * * * * ADOPTED RESOLUTION ! Cornell University Maintenance and Service Operations ' Complex South of NYS Rte . 366 and West of Game Farm Road Further Modification of October 10 , 1990 Special Approval Recommendation to the Zoning Board of Appeals Planning Board , July 2 , 1991 MOTION by Mr . William Lesser , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the Consideration of a Report to the Zoning Board of Appeals with respect to the further Modification of the Special Approval granted by said Board of Appeals on October 10 , 1990 , for the Cornell University Maintenance and Service -Operations ' c'bmplex located approximately 1 , 300 feet south of NYS Rte . 366 and 1 , 800 feet west of Game Farm Road on . Town of Ithaca Tax Parcel No . 6 - 64 - 1 - 2 , Residence District R - 30 . 2 . This is an . Unlisted action for 'which the Town of Ithaca Zoning Board of Appeals is legislatively determined to act as Lead Agency for environmental• review . The Town of Ithaca Planning Board � is an involved agency in coordinated review . 3 . The Planning Board , at Public Hearing on July 2 , 1.9,91; , _ has_ _ reviewed the proposed site plan and other drawings submitted by Cornell University , Parts 1 ' and . 2 ,of the Short Environmental Assessment Form , and other submissions, related to this proposal . 4 . The Town Planning Department has recommended that a negative de't'ermination of environmental significance . be made for this . action . -THEREFORE , - IT IS - RESOLVED : -- - _- - -- -- - - -- 1 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action as proposed . 2 . That - the Planning Board , in making recommendation to the Zoning Board of Appeals , determine . and hereby does determine the following : a . that there is a need for the proposed use in the proposed location ; • be that the existing and probable future character of the neighborhood will not be adversely affected , 7w Cornell University Maintenance and Service Operations ' Complex - 2 South of NYS, Rte . , 366 and West of Game Farm Road Further Modification of October 10 , 1990 Special Approval Recommendation to the Zoning Board of Appeals Planning Board , July 2 , 1991 C * that the proposed change is in accordance with a comprehensive plan of development of the Town . 3 . That the Planning Board report and hereby does report to the Zoning Board of Appeals its recommendation that the request for further Modification of the Special Approval granted by said Board of Appeals on October 10 , 1990 , for the Cornell University Maintenance and Service Operations ' complex , be approved , subject to the following conditions : a . Submission of a planting plan for approval by the Town Planning Department , and completion of said proposed plantings by October 1 , 1992 . b . At the option of the applicant , re - orienting the tanks either to an east -west axis , or relocating them to parallel on either axis , and / or relocation of the entire pad up to 15 feet west of the location - presently shown on the drawing submitted to this July 2nd , 1991 meeting of the Planning Board , numbered C - 2715 , entitled " Site Plan " , dated June 1991 . If located elsewhere than presently shown , applicant shall provide a revised site plan showing the revised location prior to issuance of any building permit . c' . Provision of a revised site plan showing the proposed approximate location of up to two . dumpsters that may be placed east of the berm ' shown on the westerly side of the site plan and denominated ' " Landscaping " , such revised plan to be subject to the approval of the Town Planning Department prior to the issuance of any building permit . Aye - Grigorov , Kenerson , Baker , Langhans , Lesser , Smith , Hoffmann , Aronson . Nay - None . CARRIED UNANIMOUSLY . Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . July 8 , 1991 . • Ex H 149 Ir s Town Assigned Project ID Number Rev . 10 / 90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY 1 PART I - Project Information ( To be completed by . Applicent or Project Sponsor ) 1 . Applicant /Sponsor : 2 . Project Name : 3 . Precise Location (Street Address and Road Intersections i , Prominent landmarks , etc . or provide map) : Sov7�i' -1 150 CMG &0� 01C Sq �7� Tax Parcel Number : 4 . Is Proposed Action : .NEW EXPANSION MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose , present land use , current and future construction plans , and other relevant items) : 4 i /'roG 19.S- 0/ 0c, 950/ 0c, 15' 1,19yfJ r 42gN/bPl ACX //rM / 47`� 60F 76 &Off cUr69CKsJ Pc�i�1P� � 7a/FG ip �A I c ' ~ � . ' 0 A6o6Lkrln F���tPr�H17S uN/r�Cf' f i 3. cair(2T; coN ?t91W1 r PR6 vNc kdoelv6 /gro )gbn(b 7LIV, oyA,/Na 07f�Y71,9 pk7, C 04 L)Jq A,46CY k&'NO f 70- /, e c 19 70�Z 0 j</SrPRAR7oR . 9. 1M�►Foc;�'G � r,� GRAGi�rG ?o Cc A� cr �`k �CA/ , rte 9CY- ` v/s � 6� � � Ty S AGC�'� ,� , v of mss %8 or ( Attach separate . sheet (s ) if necessary to adequately describe the proposed project . ) Amount of Land Affected : Initially (0- 5 yrs) .C� Acres (6- 10 yrs) Acres 010 yrs ) Acres How is the Land Zoned Presently ?- 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YESS] NO F if no , describe conflict briefly : • i i i /���i rcr� 7-lo /Y OF SFS C /19 4r9 �i�' o 9 . Will proposed action lead to a request for new : Public Road ? YES NO 7Z;1 Public Water ? YES NO Public Sewer ? YES NO-g 10 . What is th'e present land use .in 'the vicinity of the proposed project ? LJ Residential EJ Commercial Industial Agriculture Park /Forest /Open Space Other Please describe : CoN�. r. , ^hu5 S 0 �� 11 . Does proposed action involve a permit , proval , or funding , now or ultimately from any other governmental agency ,, , '/' ( Federal , itate , Local) ? YES NO If yes , list agency name and permit /approval /funding : i 12 . Does anti aspect of the proposed action have a currently valid permit or approval ? YESNO '❑ If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . iii 1 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRETE TO THE BEST OF MY KNOWLEDGE �licant / Sponsor Name (Print or Type ) : i Signature : i ,_ b� Date FPART 11 — ENVI RONMENTAL ASSESSMENT (To be Born leted by the Town of Ithaca ; Use attachments as necessary ) AoDoes proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 , 12 or Town Environmental Local Law ? S NO If yes , -coordinate the review process and use the Full EAF . ll proposed action receive_ coordinated review as provided for unlisted actions in 6 NYCRR , Part 617 .6 ? S No Or no , a negative declaration may be superseded by another involved agency , if any .) C . Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legible ) C1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly : I SEE ATTACHED C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or neighborhood character ? Explain briefly : SEE ATTACHED C3 . Vegetation or fauna ; fish , ,shellfish or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain. briefly : SEE ATTACHED C4 . The Town 's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? Explain briefly SEE ATTACHED CS . Growth , subsequent development , or related activities likely to be induced by the proposed •action ? Explain briefly SEE ATTACHED C6 . Long term , short term , cumulative , or other effects not identified in Cl - CS ? Explain briefly SEE ATTACHED C7 . Other impacts (including changes in use of either quantity or type of energy ) ? Explain briefly : SEE `ATTACHED D . Is there ; or is there likely to- be , controversy related to potential adverse environmental impacts ? YES NO If yes , explain briefly : E . Comments of staff � ; CAC Other ❑ attached . (Check applicable boxes) PART III — DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca ) Instructions : For each adverse effect identified above , determine whether it is substantial , large , important or otherwise significant . Each effect should be assessed in connection with its (a) setting (ie . urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope ; and ( f) magnitude . If necessary , add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . Check this box if you haveldentified one or more potentially large or significant adverse impacts which MAY occur . Then proceed directly to the full EAF and /or prepare a positive declaration . ❑ Check this box if you Have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in significant adverse environmental impacts AND provide on attach-men#s as necessary , the reasons supporting this determination . ZONING BOARD OF APPEALS Name of Lead• Agency Prepare s Signature I fferent from Responsible Officer) Ed and Austen , Chairrr. an Tit a of Resp Bible icer in ea d Agency Signature of Contributing Preparer Signature of Res onsible ficer in Lead A enc Date : PART II - Environmental Assessment - Modification of Special Approval for H & SO Fuel Facility A . Action is Unlisted . B . Action will receive coordinated review . C . Could action result in any adverse effects on , to or arising from the following : C1 . Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding problems ? Non4 anticipated . The proposed action is the modification of a Special Approval granted by the Zoning Board of Appeals on October 10 , 1991 , to allow applicant to construct a fuel storage and dispensing facility . An environmental assessment was prepared and negative determination of significance was made by the Zoning Board of Appeals for the action prior granting said Special Approval . No significant adverse impacts to existing air quality , surface ® or groundwater quality - or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drairiage * or flooding problems are expected as a result of this action . C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? None anticipated . The proposed structure is located on an existing developed parcel containing a garage , salt / grit storage structure and gravel parking area . No aesthetic , agricultural , historic , or other natural or cultural resources are known to exist on the site , or expected to otherwise be affected by the proposed action . Given the existing land uses of the site , no significant adverse impact to community or neighborhood character is expected as a result of the proposed action . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or endangered species ? Because of the existing developed character of the site , no significant adverse impacts to vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or • threatened or endangered species are anticipated as a result of the proposed action . �X /91r ,t • C4 . A community ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? None anticipated . The proposed site plan and intended use are in conformance with the Town of Ithaca Zoning Ordinance , C5 . Growth , subsequent development , or related activities likely . to be induced by the proposed action ? None anticipated. C6 . Long term , short term , cumulative , or other effects not identified in C1 - 05 ? None anticipated . C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? None anticipated . D . Is there , ., or is there likely to be , controversy related to potential adverse environmental impacts ? No controversy related to potential adverse environmental impacts is anticipated . PART III Based on review of the materials submitted for the proposed action , the scale of it , and the information above , a negative determination of environmental significance is recommended . Lead Agency : Town of Ithaca Planning Board � - Reviewer : George R . Frantz , Assistant Town Planner Review Date : June 28 , 1991 r Exfti,v � r OF ITS.` TOWN OF ITHACA 2 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747 Memorandum 3 July , 1991 To : Planning Board Zoning Board of Appeals From : John Czamanske , Planning Technician c.� Sub ] : A local law amending the Town of Ithaca Zoning Ordinance relating to permitted uses in business district " D " . Attached is a proposed local law which the Codes and Orainances Committee ( COC ) has preliminarily reviewed and which is now beinu forwarded for your consideration . This attachment is sent to you as itwas received from John Barney . The proposed amendment resulted from COC deliberations concerning the 11 / 28 / 90 ZBA resolutions regarding the possible redefinition of the term " gasoline sales station " ( also attached ) . Please rorward anv comments for the COC . to my care at the Planning - Department . Copy : Shirley Raffensperger Karl Niklas Andy Frost Floyd Forman George Frantz Atch . • W7 BARNEY . GROSSMAN , ROTH & DUBOW ATTORNEYS AT LAW • 315 NORTH TIOG STREET P . O . BOX 6556 JOHN C . BARNEY ITHACA . NEW YORK 14851 - 6556 PETER G . GROSSMAN TELECOPIER NELSON E . ROTH ( 607 ) 273 . 6841 ( 607 ) 272 - 8806 DAVID A. DUBOW ( NOT FOR SERVICE OF PAPERS) HUGH C . KENT July 11 1991 RANDALL B MARCUS Mr . Karl Niklas Chairman Town of Ithaca Codes & Ordinances Committee 126 East Seneca Street Ithaca , New York 14850 Dear Karl : Enclosed in connection with agenda item No . 2 of the Codes and - Ordinances Committee meeting this evening are the following items : 1 . A proposed local law expanding the permitted uses in a business district " D " • 2 . For the information of the members of the Committee copies of Sections 31 through 36 which show the existing permitted uses in all of the business zones . We will be prepared to , discuss this matter at greater length this evening and will provide copies for all - members of the Committee and staff . With best regards . Yours very truly , JCB : bc Enc . • x � a TOWN OF ITHACA LOCAL LAW NO . OF THE YEAR 1991 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PERMITTED USES IN BUSINESS - DISTRICT " D " . Be it enacted by the Town Board of the Town of Ithaca as follows : The Zoning Ordinance of the Town of Ithaca as readopted , amended , and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows . 1 . Article VII , Section 35 , is amended by renumbering subdivision l to be subdivision 2 and inserting the following as a new subdivision 1 : " 1 . Any of the uses permitted in Business Districts " A " , " B " , and " C " . 2 . This law shall take effect - upon its publication as required by law . -Oct 3/20/91 ARTICLE VII a BUSINESS DISTRICTS SECTION 31 . Location of Districts . With the approval of the Town Board , Business Districts " A " , " B " , " C " , "D " , and "E" may be established in any district in the Town , except that Business Districts " C " and " D " shall not be permitted in a Residence, District R15 . SECTION 32 . Business Districts " A " . Permitted uses in a Business District " A " shall be the following : L Retail food store 2 . Business or professional offices 3 . Bank or other financial institution 4 . Bookstore 5 . Drug store 6 . Hardware store 7 . Package liquor store 8 . Smoke Shop r 9 . Utilities SECTION 33 . Business Districts " B " . Permitted uses "in a Business District " B " shall be the following . a 1 . Any of the uses permitted in Business District " A " 1 2 . Barber ' 3 . Dry cleaning' pick-up station 4 . Florist 5 . Beauty Parlor { 6 . Hand or coin operated laundry -�7 . Nursery 8 . Milliner 9 . Greenhouse 10 . Retail stores, except automobile sales agencies 11 . Shoeshiner, shoemaker and repairer 12 . Tailor Be Telegraph and telephone office 14 . Any municipal or public utility purpose necessary to the maintenance of utility services 15 : Fire station or other public building necessary to the protection of or servicing of a neighborhood 16 . Public library • 32 �X N�� � ir 3/20/91 SECTION 34 . Business Districts " C " . Permitted uses in a Business District " C " shall be the following . 1 . Any of the uses permitted in Business Districts " A " and " B " 2 . Automobile sales agency , provided that the display of automobiles and accessories is conducted entirely within a building 3 . Theatre, skating rink, bowling alley, dance hall , where the activity involved is conducted . exclusively inside a building provided that such place of business shall be located at least 200 feet from a residence district 4 . Building supply 5 . Dry cleaner 6 . Dyer 7 . Electrical shop 8 . Glass shop - . . 9 . Heating shop 10 . Monument works 11 . Plumbing shop 12 . Printer 13 . Restaurant or other 'place for the serving of food . If alcoholic beverages are served , the place of business shall be located at least 500 feet - from an adjacent school or church or 150 feet from a residence district 14 . Hotel or motel 15 . Clubhouse or lodge, provided that no building so used shall be within 100 feet of any street or within 150 feet of the lot line of an adjoining owner and only on the approval of the Board of Appeals 16 . Boat harbor, and marina 17 . Appliance , sale and service 18 . Ambulance Service 19 . Arts and craft studio 20 . Bicycle - sale and repair 21 . Caterer 22 . Confectioner 23 . Decorator 24 . Dressmaker 25 . Furrier 26 . Optician 27 . Photographer 28 . Refrigeration sale and repair 29 . Undertaker 30 . Upholsterer • 33 f 3/20/91 SECTION 35 . Business Districts "D " . Permitted uses in a Business District " D " shall be the following : 1 . Gasoline sales station or garage for repairs , provided that all servicing of vehicles shall take place on private property , and that no repair work, except short-term emergency repairs , be carried on out-of-doors. Such uses are subject further to Section 71 and Section 54 . SECTION 35A . Business District " E" . Permitted uses in Business District " E" shall be the following . 1 . Restaurant or other place for the serving of food . If alcoholic beverages are served , the place of business shall be located at least 500 feet from an adjacent school or church or 150 feet from a residence district . 2 . Hotel or motel 3 . Club House or Lodge, provided that , no buildings so used shall be within 100 feet of any street, or within 150 feet of the lot line of an adjoining owner and only on the approval of the Board of Appeals . 4 . Boat Harbor and Marina . SECTION 36. Permitted Accessory Uses . Permitted Accessory Uses in Business Districts " A " , • " B " , " C " ,. " D " , and " E" , shall be the following : 1 : . Automobile parking and off-street loading areas , subject to -the further requirements of this article. 2 . ;Accessory storage buildings, but not- to include outside storage. 3 . Signs, as regulated by. the 'Town of Ithaca Sign Law , 4 . The dwelling of a guard , caretaker: or custodian but not more than one dwelling unit per building . .5 . Day care centers upon "special approval of the Board of Zoning Appeals pursuant to Section 77 , subdivision 7. The application for such approval shall be referred to the Planning Board and no final action shall be taken until the Planning Board has approved the site plan for the center and submitted its report or has failed to so act within 30 days of receipt of all required information . SECTION 37. Area, Yard , and Height Requirements shall be the following . 1 . Area: a minimum tract of 2 acres is required for the development of a Business District. 2 . Yards : Front yards - not less than 30 feet . 34 EXy�,81r Op7 ADOPTED RESOLUTION �-' Town of Ithaca Zoning Board of Appeals / �►t.tlY�, �f4eow • November 28 , 1990 Mr . Hines offered a resolution which was seconded by Mr . King as follows : WHEREAS , Section 35 of the Town of Ithaca Zoning Ordinance was enacted at a time when the market structure of gasoline sales and service was substantially different than it is at present , and WHEREAS , gasoline sales facilities in and about the County of Tompkins customarily and as part of their regular business activities sell a variety of snack foods and drinks and related convenience items for the travelling public , and WHEREAS , the Board of Zoning Appeals has been called upon to . interpret the meaning of gasoline service stations and the Board of Zoning Appeals has interpreted that noun to include activities relating to retail sales of items of convenience for the travelling public., and WHEREAS , the . Board of Zoning Appeals feels that the laat ter should properly be addressed by the Town Board with the prospect of drafting a more comprehensive definition of gasoline sales or service stations ; now therefore be it RESOLVED ; , that the - Board of Zoning Appeals . of the Town of : Ithaca does recommend to the Town Board of . the Town of Ithaca , the Planning Board 'of the -- Town of Ithaca and the Planning staff... of : the Town of; Ithaca theyL consider an, amendment t9!—the Zonings Ordinance of the Towne of Ithaca amplifying or - r Ofining the meaning of . the term " gasoline sales station " . / Dated • . . . November 28 , 1990 _ _Ithaca ; New York HENRY ARON , Chairman Chairman Aron called for a voice vote on the . . above resolution which resulted as follows : Mr . Hines - Aye Mr . King - Aye ' Mrs . Reuning - Aye Mr . Aron - Aye The motion was carried unanimously . Connie Holcomb Recording Secretary Nan y !.4 Tuller , Secretary to the Town of . Ithaca Zoning Board of Appeals . December 5 , 1990 . XH/ •D / T #7 ADOPT-ED RESOLUTION / ti%�.•����.. fiie, 1 . Town of Ithaca Zoning Board of Appeals November 28 , ' 1990 Resolution offered by Mr . Edward King ; seconded by Mr . Robert Hines : IN THE MATTER OF THE INTERPRETATION OF ZONING ORDINANCE , SECTION 35 , ( re • permitted ACCESSORY uses in Business " DW Zones : gasoline sales stations and repair garages ) , THE ZONING BOARD OF APPEALS _ -- HEREBY : ADOPTS AS FINDINGS THE FOLLOWING : 1 . Section 35 of the Town of Ithaca Zoning Ordinance specifies as the only permitted uses in the Business : " D " Zones to be created thereunder , the operation of Gasoline Service Stations and Automotive Repair Garages , while Section 31 , restrictsthe location of such Districts to prevent thea in R - 15 Residence Zones . - 2 • Section 35 itself also provides that these Districts are subject to the further restrictions of Section 71 , which establishes special separation minimums - - applicable only •� I to - gas stations and automotive repair , garages , . to keep building and facilities back = from street lines and residence districts , and - to Limit the intrusion of these facilities into the side yards and front yards of the Lot . And Section 35 issues the further warning that Business D facilities and uses are also subject to the provisions of Section ; 54 of ` the Ordinance - - which permits- the extension of a non-conforming building . or , use 'only . upon, , . authorization of the ZBA . 3 . Accessory - Uses ' permitted in the - Business . Zones by Section 3-6 are limited to accessory : storage buildings , parking , and signs - - as far as - ' they would seem to be applicable to a Business D zone . No provisions for the Special Approval of the ZBA ( with or without Planning Board approval of a site plan ) appears to be provided in Article VII ( Sections 31 - 39 ] ; but Section 39 and 46 -a of the Ordinance do call for site plan approval - by the Planning Board for any building or structure to be erected . within any business district . 4. 9 Some . 55 specified types of Businessoperations are specified as permitted . uses or operations in one or the other of the 3 Business Districts , in their delineation in Sections 32 - 34 of the Ordinance . Only Business " D " districts are limited to but 2 specified uses . • EX HI ,viT. � ADQPTED RESOLUTION �- ' Town of Ithaca 2 • Zoning Board of Appeals November 28 , 1990 5 . It thus seems • clear from the Ordinance itself that businesses providing automotive gasoline , oil , care and' repair , were to be specially sited and specially controlled by limitations . The inherent danger in the storage and dispensing of volatile , flammable and, explosive fuels , and - the high volume of traffic into them and out of them onto streets or highways abutting , undoubtedly account in large measure for the concern of the drafters in mingling out these businesses for special attention and restriction . 6 . Minimizing retail sales activities at most service stations sites appears to be the general goal and thrust of our Zoning Ordinance . 7 . Yet there are undoubtedly some situations , places , facilities , where an . expansion of such sales might be desirable and safely implements , but the burden of establishing need , desirability and safety ought to be placed upon the proponent and subjected to careful scrutiny via public hearings and board determinations - - site pians and traffic impact studies being essential elements to be considered in every determination . 8 Note is also . made of the fact that many or most service stations in the . . area = sell other automotive utilities and " supplies ( tires ; batteries ; wiper blades ; snow-brushes and ice scrapers ; mud flaps ; anti - freeze ; windshield wash ; etc . • etc . ) , as well as soda ; cigarettes , candy , gum and snacks . 9 . One arVment advanced. for the specific enlargement of retail sale opportunities at Business D f acilities , is , that economic necessity requires that . a supplier of these essential ' items for automotive. :fuels and repairs . supplement the sales generated at such a location by the sale of other products . If that is true as a general proposition for all service stations , it would seem that it should be established to the satisfaction of the Town Board as a reason for expanding the statement of permitted uses in Business D Zones in Section 35 . If in a particular situation only , the Planning Board , in recommending or opposing a variance , should carefully scrutinize whether the Station ought to be sited there at all , and what limiting parameters might be essential or wise for the operation . 10 . The essential purpose of a gasoline service station ( with or without repair facilities ) being to enable the motorist to fuel his vehicle and resume his highway travel . A station should be able to provide most things of immediate necessity • or aid to that end , without Special Permission or Variance . ► ADOPTED RESOLUTION Town of Ithaca 3 • Zoning Board of Appeals November 28 , 1990 And that automatic inclusion ought to include some fueling, and refreshing of driver and passengers , as well as of the vehicle itself . ` ' The limitations suggested by Mr . Barney , to " snack food items , coffee , soda , cookies , cigarettes , and various type convenience items generally used for immediate consumption by the patron who has purchased gasoline ' products " might well be sufficient to the task of deterring the use of the station as a substitute grocery or drug store , newspaper and magazine vending establishment , etc . - - thus limiting station traffic in volume and duration . But consider also . ( a ) Items essential or merely, helpful to enable the veh .— Cle to proceed on its journey . would seem to include the follohin . wiper blades , fuses , . [ See 118 " above ] ( b ) AND custom dictates that it is now reasonable to expect to be able to purchase items to aid the individual , such as : candy , gum , cigarettes , kleenex , and colas and other soft drinks , coffee could also be included as helpful to restore alertness , aspirin and alka - seltzer would also be helpful . Cookies , ice cream , crackers and other munchies might also add to the • enjoyment of the trip . end even contribute to an avoidance of drowsiness . 11 . Of primary importance to Planners and Zdners , -, it would seem , is/ are - the goal ( s ) of minimizing, dangerous congestion and traffic flow into and out of service stations . The amount of vehicular .and pedestrian traffic expectedgat one site and another mayivaryiwidely , depending upon the ,location of the Y station . Expanding the number of goods for sale will surely expand the frequency and . intensity of traffic on the site ; the time spent there, and the likelihood of extensive harm and damage if a fire or explosion should take place there . 12 . To expand a station operation to include the sale of daily newspapers , bread , canned goods , household items and other staples and items . commonly found in a convenience store , ,grocery store , drug store ; . magazine stand , ' video store , and other types of retail sales stores requires the exercise of a great . deal of caution - - for vehicle and pedestrian traffic , congestion , and potential danger is thereby invited . Newspapers invite daily stops , as does ' the offering ofiother items . I JEX • ' ADOPTED RESOLUTION �.- Town of Ithaca 4 Zoning Board of Appeals November 28 , 1990 13 . In the interests of promoting safety Eby minimizing or optimizing vehicular traffic in and out of service stations ; while yet not defeating the purpose of such stations , narrow circumscription of the items that may be unquestionably sold at gasoline service stations and repair garages , seems in order in interpreting Section 35 of the Zoning Ordinance . NOW , THEREFORE , BE IT RESOLVED , that this Board now decides that the Town of Ithaca Zoning Ordinance , Section 35 , permitting gasoline service station and repair garages only in Business " D " Zones , is to be interpreted to mean that . A . The Zoning Ordinance and Section 35 in particular are not to be interpreted to generally permit therein any prinary cr accessory uses as are permitted in the other Business 70r. , A , BIC , or E . Be However , some retail sales from a station or garage should be permitted in accordance with need and' custom and the purposes , of such automotive service and : repair facilities . The essential purpose of a gasoline service station ( with or without repair facilities ) being to enable the motorist to fuel his vehicle and resume his highway travel , the Service Station operator ought also be permitted to provide , as is ; . customary , most things of immediate necessity orvaid to that end , including some : limited fueling and refreshing of driver and passengers , : as well as of the vehicle itself , but ' the items offered for retail . sale should be limited . snack food items , coffee , soda , cookies , cigarettesa, and various type convenience items generally used for immediate consumption : by : - . the patron who has : purchased gasoline products . But Service Stations and Garages should : not be used as a substitute grocery or drug store , newspaper and magazine " vending establishment , nor to engage in any other retail sales which themselves invite vehicular or pedestrian traffic and tend to increase station traffic in volume and duration without correlation with the primary purpose of the station - -viz . , to service motor vehicles . AND BE IT FURTHER RESOLVED , that sale items to be generally Permitted include the following : ( a ) Items essential or merely helpful to enable the vehicle to proceed on its journey could include the following . wiper blades , fuses , automotive utilities and supplies , such as tires ; i' batteries ; wiper blades ; snow - brushes and ice scrapers ; mud flaps ; anti - freeze ; windshield wash ; and similar articles and supplies . fX T # 7 A: CPTED RESJLLOO : ; CN Town of Ithaca 5 • Zoning Board of Appeals November 28 , 1990 ( b) And custom dictates that it is now reasonable to expect _ to be able to purchase items to aid the individual , such as .0 candy , gum , cigarettes , kleenex , and colas and other soft drinks , coffee could also be included as helpful to restore alertness , aspirin and alka - seltzer would also be helpful . Cookies , ice cream , crackers and other munchies might also be reasonably sold to the motorist who has just purchased gasoline or oil products at the station - - such items being regarded as adding to the enjoyment of the trip and perhaps contributing to an avoidance of drowsiness . ( c ) Our general intent is that the offerings• for retail sale at a station or garage are to be generally so 1 invited and focused on the travelling motorist that people are discouraged from daily or frequent shopping there , and particularly fro :: making purchases there unrelated to their vehicular travel or irrespective of their having stopped primarily for vehicular service needs . ( d ) Section 35 of the Ordinance is not to be interpreted to expand ,, a station operation to include the sale of items other than referred to above such as . daily newspapers , bread , canned goods , household items and other staples and items commonly found ® - in a convenience store ; grocery store , drug store , magazine stand , video store , and ; other types of retail sales stores , irrespective of travelling needs and immediate consumption . No item offered should itself be likely to significantly increase : vehicular or pedestrian traffic or congestion around the station or in the immediate area . Chairman. Aron called: for a voice vote in the above matter which resulted as follows : Mr . King - Aye Mr . , Hines - Aye Mrs . Reuning - Aye Mr . Aron - Aye The motion was carried unanimously . t Chairman , Town of Ithaca Zoning Board of Appeals Nancy 21 , Fuller , Secretary to the Town of Ithaca Zoning Board of Appeals . December S , 10. 9o ,