HomeMy WebLinkAboutZBA Minutes 1991-07-10 FLED
TOWN OF ITHACA
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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
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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
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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
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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
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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 .
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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 ,