HomeMy WebLinkAboutPB Minutes 1999-05-04A 1 0
MAY 44 1999
FILED --
TOWN OF ITHACA
Date
The Town of Ithaca Planning Board met in regular session on Tuesday, May 4, 1999, in the
Tompkins County Human Services Building, First Floor Conference Room, 320 West State Street,
Ithaca, N.Y.
PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board
Member; Robert Kenerson, Board Member; James Ainslie, Board Member; Tracy Mitrano, Board
Member (8:03 p.m.); Larry Thayer, Board Member; Jonathan Kanter, Director of Planning; John
Barney, Attorney for the Town; Dan Walker, Director of Engineering (9:04 p.m.).
EXCUSED: George Frantz, Assistant Town Planner,
ALSO PRESENT: Muriel Brink, 206 Tudor Road; Diana Yee, 206 Tudor Road; Lois Kingsbury, Town
of Dryden; Bruce Brittain, 135 Warren Road; Ellen Schmidt, 8 Genung Circle; Oskar Schmidt, 8
Genung Circle; Robin Schmidt, 8 Genung Circle; Hollis Erb, 118 Snyder Hill Road; Robert Kuehr,
1150 Ellis Hollow Road; Elizabeth Harness, WHCU Radio; Dorothea & Merritt Queen, 117
Terraceview Drive; Gordon Rowland, 1166 Ellis Hollow Road; Amanda Ufford, 147 Honness Lane;
Gregg Bell, 113 Penny Lane; Robin Seeley, 332 Hurd Road; Mary Squyres, 383 Hurd Road;
Elizabeth Schryver, 547 Ellis Hollow Creek Road; Herbert Schryver, 547 Ellis Hollow Creek Road;
John Murray, 95 Brown Road; Doug Clearo, 95 Brown Road; Kim Martinson, Cornell PDC; Harry
Ellsworth, 152 Honness Lane; Rev. Culver Mowers, Brooktondale; Peter Demjanec, Demjanec &
Associates; Andrea Riddle, Montessori School; Pam Quinlan, Montessori School; Mike Stubbs,
Ithaca High School; Bill Seldin, 120 Northview Road; David Herrick, T.G. Miller, P.C.; Elizabeth
Livesay, 785 Snyder Hill Road; Lucia Armstrong, 121 Honness Lane; Beverly Livesay, 147 Snyder
Hill Road; Bruce Turnbull, 118 Pine Tree Road; Nancy Winemiller, 148 Pearsall Place; Martha
Robertson, 1655 Ellis Hollow Road; Paul Smith, 1482 Ellis Hollow Road; Jeri Cheraskin, 1760
Slaterville Road; Morton Hatch, 696 Snyder Hill Road; Kyra Stephanoff, 8 Fox Hollow Road; Stephen
Keast, Hurd Road; Kristof Ostland, 13 Ringwood Court; Chris Grippin, 875 Snyder Hill Road; Peter
Salton, 206 E. Upland Road; Gerald Wolfe, 474 Snyder Hill Road; Cindy Kramer, 207 Bryant Ave;
Faith Chase, 100 Comfort Road; Peggy Walbridge, 123 Hunt Hill Road; Robert Fischer, 135 Pine
Tree Road; Frank Baldwin, 149 Pine Tree Road; S.M. Blackler, 14 Nottingham Dr; Antone Blackler,
14 Nottingham Dr; Bruce Grannan, 176 Genung Road; Cande Carroll, 176 Genung Road; Nickolas
Bellisario, 1172 Ellis Hollow Road; Robert Chase, Ithaca NY; Lauren Bishop, Ithaca Journal.
Chairperson Wilcox declared the meeting duly opened at 7:31 p.m., and accepted for the
record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town
Hall and the Ithaca Journal on April 26, 1999, and April 28, 1999, together with the properties under
discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the
Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public
Works, and upon the applicants and /or agents, as appropriate, on April 26, 1999. (Affidavit of
Posting and Publication is hereto attached as Exhibit #1.)
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PLANNING BOARD - PAGE 2 MAY 411999
APPROVED - APPROVED - APPROVED AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED
Chairperson Wilcox read the Fire Exit Regulations to those assembled, as required by the
New York State Department of State, Office of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD.
Chairperson Wilcox stated Tompkins County is allowing the Town to use the building. They
asked that no one enter or exit through the emergency exits unless instructed to do so in an
emergency. They request there be no food or drinks. The Town will have an employee at the front
door to make sure people can enter and exit because the County has requested the door remained
locked.
Chairperson Wilcox opened this segment
members of the'public wished to be heard.
of the meeting at 7:33 p.m., and asked if any
With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting
at 7:34 p.m.
OTHER BUSINESS.
Attorney Barney stated they received an application to obtain permission from the Court of
ii
Appeals to appeal the Mecklenburg Heights /Linderman Creek decision to the Court of Appeals in the
State of New York. This is the highest court in the State of New York.
Chairperson Wilcox asked if this meant the second highest court in the State of New York
ruled in the Town's favor.
Attorney Barney responded yes. The decision of the lower court was reaffirmed. There is a
request for permission to appeal to the Court of Appeals of the State of New York. The application
will be heard May 24, 1999. The court will then decide if they will allow the appeal.
PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed reconstruction
of Campus Road, between Tower Road and Caldwell Road, to consist of rebuilding and
realigning that portion of Campus Road, modification of the entrances to B Lot parking area to.
reduce the number of curb -cuts on Campus Road, modification of the intersection at Caldwell
Road, addition of bicycle lanes, revision of the sanitary and storm sewer system, and
installation of the lighting and landscaping. The project site is located off of Dryden Road
(Route 366), Tax Parcel No's. 63 =1 -2.2, 63 -1 -12, 63 =1 -119 63 =1 -131 67 =1 -10.2, and 67 =1 -10.6.
Residence District R -30. Cornell University, Owner /Applicants Kim Martinson, Agent.
Chairperson Wilcox opened the public hearing at 7:35 p.m.
Kim Martinson, Cornell University PDC, stated the plan is to rebuild Campus Road and modify
curbing to allow for bicycle lanes. There will be two driving lanes and two bicycle lanes. B Lot will be
modified. There will be four entrances for safety purposes. In doing this, a driving lane will need to
be built inside the lot. This will improve traffic flow within the parking" lot. Other portions of the project
include extending the sidewalk and lighting on the north side of the road towards Caldwell Road.
it 9
PLANNING BOARD -- PAGE 3 MAY 4, 1999
APPROVED - APPROVED - APPROVED AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED
The project will be bid as an alternate. The emergency access drive to the Poultry Virus
Building is for an emergency entrance only.
Board Member Hoffmann asked which of the existing curb sections would be removed.
Ms. Martinson responded they are planning to remove the curbing at the end of each bay.
This will allow for a 22 foot driving lane within the parking lot. Larger islands will replace the existing
ones.
Board Member Hoffmann asked about the alternates on Sheet 15. She did not see anything
in the text.
Ms. Martinson replied the reason there are alternates is to break up the cost for the driveway.
The second alternate is the curbing along Caldwell Road which is being coordinated with the Town of
Ithaca. It is not certain to occur. It depends upon the cost from the contractor.
Board Member Hoffmann asked if the Town and Cornell University have come to a conclusion
on cost sharing.
Ms. Martinson stated that negotiations have been going through Bill Wendt, the Director of
Transportation. The negotiations are not directly connected to the project.
Jon Kanter, Director of Planning, stated the Town has been^ having discussions with Cornell
University, The Town feels there are some appropriate portions of the Caldwell Road project that
involve the intersection with Route 366. The Town's plans for Caldwell Road have been revised to
not include a turning lane at Campus Road. It was thought better to keep it as a narrower roadway.
They have retained the turning lane at Route 366 where the new traffic light has been installed.
There are some reasonable relationships of that part of the Caldwell Road project with Cornell.
There are positive discussions going on with Cornell. The board will need to discuss whether or not it
should be a condition in the resolution.
Chairperson Wilcox asked if any member of the public wished to be heard.
Bruce Brittain, Forest Home, stated his concern is with Caldwell Road, Caldwell Road was
ii
going to be three lanes wide and is now down to two. The drawings still show Caldwell as three
lanes wide. The drawings need to reflect that Caldwell will be in a different location than anticipated.
Sheet 15 does not have Caldwell Road identified and does not have the dimensions. It is shown
three lanes wide coming down Campus Road and tapering towards Tower Road.
With no other persons to be heard, Chairperson Wilcox closed the public hearing at 7:44 p.m.
Board Member Hoffmann stated it is frustrating when drawing are not updated.
Board Member Thayer stated it is difficult to see, but it appears to be two lanes wide.
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PLANNING BOARD
PAGE
4
MAY 411999
APPROVED -APPROVED
- APPROVED - AUGUST 17,
1999
- APPROVED -APPROVED - APPROVED
Ms. Martinson stated she talked with Dan Walker, Town Engineer, earlier. It is the correct
drawing. Even though Caldwell Road will not be three lanes wide, it will be widened for bicycle lanes
and shoulders. This is why the curb is shown so far over.
Chairperson Wilcox stated the paved surface of Caldwell Road will be wider than the existing
lane.
Ms. Martinson stated the turning radiuses look larger because they have been increased due
to Cornell's request. The plans reflect these changes.
Board Member Hoffmann asked how many bicycle lanes will be on Caldwell Road and do the
plans reflect it.
Ms. Martinson stated the Town's plans will reflect the bicycle lanes.
Board Member Hoffmann asked if there will be a bicycle lane on each side of the road.
Ms. Martinson stated there will be two twelve foot driving lanes and two six foot shoulders.
Board Member Hoffmann asked if there is a connection between the bicycle lanes and the
bicycle lanes on Campus Road.
Ms. Martinson stated it should line up, but it is not shown on the drawings.
Mr. Kanter stated the bicycle lanes may not be marked on pavements. The shoulders will line
up with the turning radius of Campus Road.
Board Member Hoffmann stated she remembered that the bicycle lanes would be marked.
Ms. Martinson stated the Striping Plan shows which bicycle lanes will be striped.
Board Member Hoffmann asked what will happen with the materials taken off site. How will
they be stored or disposed of?
Ms. Martinson stated the millings that comes off the road will be used as a sub -base. It will be
stock piled in the staging area of the parking lot. The other material will be the responsibility of the
contractor to dispose of off site.
Board Member Hoffmann asked if the storage site in the Town.
Ms. Martinson responded yes.
Board Member Hoffmann stated in the March 2, 1999 resolution it mentioned the receipt of
any required permits for work to be done in the Caldwell Road right -of -way from the Town of Ithaca
Highway Superintendent. This will be coordinated with the Town and Cornell University.
PLANNING BOARD PAGE 5 0 P I MAY 42 1999
APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED
MOTION by Lawrence Thayer, seconded by James Ainslie:
WHEREAS:
1. This action is the consideration of Final Site Plan Approval for the proposed reconstruction of
Campus Road, between Tower Road and Caldwell Road, to consist of rebuilding and
realigning that portion of Campus Road, modification of the entrances to B Lot parking area to
reduce the number of curb -cuts on Campus Road, modification of the intersection at Caldwell
Road, addition of bicycle lanes, revision of the sanitary and storm sewer system, and
installation of lighting and landscaping. The project site is located off of Dryden Road (Route
366), Tax Parcel No's, 634-2.2, 634-12, 63- 1 -3.1, 63- 1 -3.31 67- 140.2, and 67 -1 -10.6.
Residence District R -30. Cornell University, Owner /Applicant; liKim Martinson, Agent; and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency
in environmental review, has on March 2, 1999, made a negative determination of
environmental significance with regard to Site Plan Approval; and
3. The Zoning Board of Appeals has on March 10, 1999, granted Special Approval for the
proposed Campus Road reconstruction project; and
4. The Planning Board, at a Public Hearing on May 4, 1999, has reviewed and accepted as
adequate a site plan submission which includes a drawing set entitled "Campus Road
Reconstruction Tower Rd. to Caldwell Rd.," prepared by Cornell University Planning, Design
and Construction, dated April 6, 1999, and other application materials.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Planning Board hereby grants Final Site Plan Approval to the proposed site plan as
shown in a site plan submission which includes drawings entitled, "Campus Road
Reconstruction Tower Rd. to Caldwell Rd.," prepared by Cornell University Planning, Design
and Construction, dated April 6, 1999, and other application materials, subject to the following
conditions to be met prior to the issuance of any building permits or commencement of
construction:
a. submission of an agreement for consideration
University regarding Cornell's share of costs
under consideration by the Town, that are
reconstruction project and /or result from the
said agreement to be reviewed and approve
Town Highway Superintendent; and
between the Town of Ithaca and Cornell
for the improvements to Caldwell Road,
directly related to the Campus Road
needs !generated by Cornell University,
I by the Attorney for the Town and the
be submission and approval by the Town Engineer of all plans for cutting, removing,
storage, and installation of fill showing locations, and sedimentation and erosion control
measures at each location in the .Town of Ithaca.
AYES - Wilcox, Hoffmann, Thayer, Kenerson, Conneman, Ainslie, Mitrano.
Jk i
PLANNING BOARD.,. -
PAGE
6
MAY 411999
APPROVED - APPROVED
- APPROVED
- AUGUST 17,
1999 - APPROVED
- APPROVED - APPROVED
NAYS - None.
The MOTION was declared to be carried unanimously.
PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and a
Recommendation to the Zoning Board of Appeals regarding Special Approval for the
proposed conversion of a single - family residence into the new Montessori Middle School,
consisting of 3,044 ± square feet, located at 122 East King Road on Town of Ithaca Tax Parcel
No. 43 =1 -3.6, Residence District R -15. Also consideration of a recommendation to the Town of
Ithaca Zoning Board of Appeals regarding a sign variance. Elizabeth Anne Clune Montessori
School, Owner /Applicant; Peter Demjanec, Agent.
Chairperson Wilcox opened the public hearing at 7:57 p.m.
Peter Demjanec, Demjanec & Associates, stated there is one I revision to the proposal. There
is a revised parking layout which diminishes the impact on the vegetative buffer. The smaller parking
area will require the removal of five trees. The owner will work` with Town Staff to determine
adequate and correct replacement plantings.
The proposal consists of converting a small residence to the east of the Montessori Main
School for use as the Montessori Middle School. It is consistent with the master plan presented to
the Town Board. It is a slight deviation because they always thought the middle school would
enlarge the main school. This opportunity will allow both schools to be on the same side of the road.
Chairperson Wilcox stated there will be a change where students will be placed and in which
building they will be placed based upon their age and level. With this proposal, Montessori School
could have three buildings in which students are housed.
Mr. Demjanec stated the intent was that the annex would begin by taking the overflow from the
main school and contain the upper classes. The annex would grow parallel to the growth of the
middle school. At one point in time when it was sufficiently large,` it would assume the preschool
program and then the Middle School would move back to the main building. The intent was to
always to get the preschool program onto the annex side of thee, road, then get the Middle and
Elementary Schools on the same side of the road adjacent to the, athletic fields. That required a
succession of three additions. The first two to the annex and the third to the main school. The
opportunity arose to purchase this house and that effectively takes the place of the second two
additions. The second annex addition has been drawn and submitted to the Town.
Chairperson Wilcox asked if they thought the number of student trips across the road would
diminish as a result.
Mr. Demjanec responded yes. The Middle School will have access to the current gymnasium
and future athletic fields. The Preschool will always be a free standing program on the annex side of
the road.
Board Member Hoffmann asked what happened to the plan to add onto the annex.
PLANNING BOARD
PAGE
7
1 MAY 43 1999
APPROVED -APPROVED
-APPROVED - AUGUST 17,
1999
-APPROVED -APPROVED -APPROVED
Mr. Demjanec stated they have asked the Town to stop evaluating the plans. They do not
Piave any intention of building the second addition to the annex. The school will re- evaluate that in
the context of looking at how large their preschool program is at the time it moves across the street.
It may be necessary to do the addition to accommodate the preschool program.
Andrea Riddle, Administrator of Montessori School, stated they have had the preschool
program for at least 15 years. The number of students has remained steady for the last 8 or 9 years.
She does not feel the preschool program will grow significantly. The only possible impact is that
many private schools are closing.
Board Member Hoffmann stated the additional space is not going to be built unless there is
growth within the preschool. The plans are still there, they are not being canceled.
Ms. Riddle stated the drawings are complete and it was their intent to build the addition. Then
the house next door came up for sale. If the school were faced with needing more space they would
build the addition.
Chairperson Wilcox stated it is beneficial because the board was concerned about lot
coverage with the addition of the additional classrooms. Why was the parking area redesigned?
Mr. Demjanec responded that in the original drawing, A1, the three new parking spaces faced
north and the back -up faced east. The back -up encroaches on the planting buffer between this
house and the one to the east. In the process of laying it out, it- occurred that the parking
arrangement could be made more compact, drawing A5. The cars would park facing east and then
back -up towards the house. It is 30% less paved area on the site. It requires the removal of 5 trees
instead of 8.
Mr. Kanter stated the main concern was not the cutting of the existing trees. Staff comment
was that any parking area needs to have additional buffering around it. Staff does prefer the first
version because it does provide a better circulation pattern. Normally, staff does not like to see
excessive paved surfaces, but there might be reasons to keep the first version. Staff did not ask for
an alternate and it was only submitted a few days ago.
Mr: Demjanec stated his observation to the owner was the same as Mr. Kanter. In the original
parking plan, cars that are leaving are not backing towards pedestrian traffic. The owners have
communicated the desire to maintain the residential character of this home with the possibility of it
reentering the market as a home. In that context, he does not see it as a long term middle school.
Mr. Kanter asked how that relates to the overall program at this point. He was under the
assumption that the converted house would become the middle school. He did not know of long
range plans to convert it back into a house.
Mr. Demjanec stated the possibility needs to be left open. The house recently came onto the
market and the owner decided to use the opportunity to utilize it as a middle school. No one knows
what will happen years down the road. It would be prudent to remain flexible in the destiny of the
building.
PLANNING BOARD
PAGE
8
MAY 411999
APPROVED - APPROVED
- APPROVED - AUGUST 17,
1999
- APPROVED
- APPROVED - APPROVED
Board Member Ainslie asked if the school was leasing or renting the house.
Mr. Demjanec replied Montessori School is purchasing the house.
Board Member Ainslie stated if they did not convert the house and the school was growing, the
addition would need to be built on the main building.
Mr. Demjanec stated it is a possibility. The Planning Board has already approved one addition
to the main building.
Chairperson Wilcox stated that members of the board are surprised that there is an applicant
looking 5 =10 years down the road and would like to keep their options open. The applicant is trying
to minimize the changes to the front yard for the parking that may make the lot look more like a
commercial lot than a residential lot.
Mr. Demjanec stated Chairperson Wilcox is correct. The owner would like to
changes to the interior as well. In the event the house were to reenter the market, it ca n
as a home.
Board Member Hoffmann asked if the applicant plans to pave the driveway.
Mr. Demjanec stated their plans are to put gravel down.
minimize the
still be used
Board Member Hoffmann stated she would like the driveway to be safe for the current users
rather than looking ahead into the future and having it appropriate for sale.
Chairperson Wilcox stated he prefers the original driveway because cars would not be backing
towards the pedestrians.
Mr. Demjanec stated in the proposed motion, paragraph 2, subparagraph d, submission of
documentation in regards to necessary state building code variances. They are scheduled for a New
York State variance hearing on May 20 and Zoning Board of Appeals hearing on June 9. The owner
would like to be under construction in early June. The State would not be able to deliver
documentation of their decision until the end of the summer. They are slow in getting things recorded
and sent out.
Chairperson Wilcox asked if they were
documentation from the State.
proposing to start construction before getting
Mr. Demjanec responded no. The New York State variance hearings issue
spot. They would have a decision from the Code Review Board on May 20, 1999,
able to act based upon that decision. They would not receive a formal notice of
many months after,
Chairperson Wilcox asked if the Town would accept a notarized statement.
decisions on the
They would be
the decision for
1.
PLANNING BOARD
PAGE
9
MAY 411999
APPROVED - APPROVED
- APPROVED - AUGUST 17,
1999 - APPROVED
- APPROVED
- APPROVED
Attorney Barney stated that Andy Frost, Zoning /Building Inspector would receive some
documentation.
Mr. Demjanec stated that Mr. Frost should be in attendance.
Attorney Barney stated it is acceptable to have documentation from the State or Mr. Frost.
Chairperson Wilcox asked if any member of the public wished to be heard. With no persons
present to be heard, Chairperson Wilcox closed the public hearing at 8:15 p.m.
Chairperson Wilcox stated there is not a SEQR Determination because this is an educational
use under 10,000 square feet. Chairperson Wilcox stated he and Board Member Hoffmann
expressed an interest in the original parking configuration. It is safer to back away from the school
and sidewalk.
Mr. Kanter stated that this resolution incorporates a recommendation as the sign review board
for a sign variance.
Chairperson Wilcox asked if Mr. Demjanec could give an overview of the sign.
Mr. Demjanec stated there are two signs in the packet. The first is the approved annex sign.
The second is the proposed sign for the middle school. They are the same size, color, and materials.
The only change is that "Annex" will be changed to "Middle School ". They are asking for the middle
school sign to be mounted 5 feet above grade.
Attorney Barney stated that the applicant does not plan to build the second portion of the
proposed construction on the main building. Is there a reason why a revised site_ plan cannot be
submitted indicating that? At this juncture it will not be built. The board is making its determination
based on traffic, usage, structure, site plan now. If it is not changed, someone can build based on
that site plan without any review from the Planning Board. Circumstances may be different at that
time. If there is not an intention to build it, then they are out of compliance with the site plan they are
getting approval for. The site plan needs to be modified to reflect the current plans.
Mr. Demjanec stated he would like to see the options of the owner remain open. This board
has already approved additions to the annex and main school. The owner does not have a need for
either at this point in time. A few years down the road it maybe necessary or desirable.
Mr. Kanter stated he is trying to recall when the addition to the main building was approved as
a site plan modification. The site plan sunset law is 3 years.
Attorney Barney stated if there is not any construction, then the sunset provision is applied.
There are a number of areas in the Town where there have been problems because construction has
not occurred and then a number a years down the road construction happens. He recommends that
this site plan should resemble what is going to happen today, not what may possibly happen.
PLANNING BOARD
PAGE
10
MAY 44 1999
APPROVED - APPROVED
- APPROVED AUGUST 17,
1999
- APPROVED - APPROVED - APPROVED
Board Member Hoffmann asked if the site plan showed the additions to the annex and main
ouilding.
Mr. Demjanec stated the site plan shows the current conditions. It does not show the
approved additions.
Attorney Barney stated these plans do not show the additions. A statement can be added to
the resolution that it is understood that the site plan shown as Drawing Al is the current approved
site plan. Any prior site plans are superceded by this one.
Chairperson Wilcox stated that at some point, if the applicant chooses to build the additions,
they need to come before the Planning Board,
Board Member Thayer asked if a time limit can be imposed.
Attorney Barney stated that in the Zoning Ordinance there is a provision that if nothing is done
to an approval within a specific amount of time, it is no longer valid. If any partial work is done, it
eliminates the sunset rule.
Board Member Thayer asked if they do not do any work, would they need to come back before
the board.
Attorney Barney stated yes.
Mr. Demjanec stated the owner is asking for permission to use the building adjacent to the
main school as a middle school. He does not see a linkage between that and previous approvals for
the single classroom addition to the main building or a second classroom addition to the annex.
From the owner's perspective, it takes a great deal of time, effort, energy and resources to prepare
and secure the approvals. The owner does not want to abandon them. Mr. Demjanec stated he
does understand the Town's concern about wanting to have some sort of control of development and
not having something hanging out there that could happen at a future date. The sunset time for site
plan review approval is more than adequate protection for the Town and time for the owner to utilize
their invested resources.
Mr. Kanter stated that he is unable to remember if there were playground improvements as
part of the site plan or whether there were parking lot or walkway improvements.
Mr. Demjanec stated that the Town and the owner should agree on a sunset date. A sunset
date can be set for three years from this date. Beyond that date, it will require another site plan
approval.
Attorney Barney stated it is fine as long as the board is comfortable with it.
Board Member Hoffmann stated she did not remember where the proposed athletic fields are
to be located.
l 1
PLANNING BOARD. PAGE 11 MAY 4, 1999
APPROVED - APPROVED - APPROVED AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED
Mr. Demjanec stated they are on site plan Al. It is the parcel to the north and is the parcel
that was originally targeted as a Town Park,
Attorney Barney stated the Town and the owner are in negotiations over the park.
Board Member Hoffmann stated this will make a difference in the decision. It is an unresolved
issue.
Mr. Kanter responded it has been an unresolved issue for each of the different phases of
review. From the staff's perspective, it was seen as an expansion. It had positives over previous
approvals. Even though there is a potential for expansion, it is safer for children not crossing the
road.
Board Member Mitrano stated she would like to make sure the sunset rule is an appropriate
action for the board to take. How often does it happen?
Attorney Barney stated it is up to the board. Most times applicants want to modify site plan
during the review process. It is unusual to have a previously approved site plan be modified.
Chairperson Wilcox stated the applicant is trying to replace two prior approved additions.
Attorney Barney stated the applicant might want to build the other additions in the future.
Mr. Demjanec stated they would like to do something different and reserve the right to do what
was previously approved.
Board Member Mitrano stated she was on the Montessori School Board two years ago. She
feels it is unusual and is concerned about the precedent that is being set.
Attorney Barney stated that if the applicant is willing to accept the three year time frame, then
the board should go along with it. It is giving the applicant more time. What is the line shown
between the two buildings?
Mr. Demjanec stated it is a path that connects the two buildings.
Attorney Barney asked if they had an easement for the path.
Mr. Kanter stated that staff has asked for documentation of the easement.
Board Member Hoffmann stated one of the conditions deals with a vegetative buffer by the
parking area. Could the board hear a description of the buffer?
Mr. Demjanec stated they do not have the details. They plan to work it out with the Planning
Department.
Mr. Kanter stated staff would recommend a mixture of evergreens and shrubs.
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PLANNING BOARD
PAGE
12
MAY 4, 1999
APPROVED -APPROVED
- APPROVED - AUGUST 17,
1999 -
APPROVED
- APPROVED - APPROVED
MOTION by James Ainslie, seconded by Lawrence Thayer:
WHEREAS:
1. This action is Consideration of Preliminary and Final Site Plan Approval and Recommendation
to the Zoning Board of Appeals regarding Special Approval and a Sign Variance for the
proposed conversion of a 3,044 + 1= square foot single family home, located at 122 East King
Road, Town of Ithaca Tax Parcel No. 43- 1 -3.6, into the "Montessori Middle School." Said
conversion includes interior renovations, new entranceway and overhead door, handicapped
accessible ramp and walkway, and the addition of three parking spaces. Residence District R=
15. Montessori School, Owner /Applicant; Demjanec & Associates Architects, Agents,
2. This is a Type ll Action, pursuant to 6 NYCRR Part 617, State Environmental Quality Review Act
(SEQRA), requiring no further environmental review.
3. The Planning Board, at a Public Hearing on May 4, 1999, has reviewed and accepted as
adequate, drawings entitled "Montessori Middle School, 122 East King Road, Ithaca,
Tompkins County, New York" including Sheet Nos. A 1 through A4, all dated April 12, 1999,
and prepared by Demjanec & Associates Architects, and other application materials.
NOW, THEREFORE BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary
and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists,
having determined from the materials presented that such waiver will result in neither a
significant alteration of the purpose of site plan control nor the policies enunciated or implied
by the Town Board; and
2. That the Planning Board hereby grants Preliminary and Final Site Plan Approval for the
proposed conversion of a 3,044 +A square foot single family home, located at 122 East King
Road, into the "Montessori Middle School," with conversions including interior renovations, new
entranceway and overhead door, handicapped accessible ramp and walkway, and the addition
of three parking spaces, subject to the following conditions, to be met prior to the issuance of
a building permit:
a. submission of construction details and materials for the proposed parking area and
stone path, as noted on the Preliminary Site Plan Checklist; and
b, submission for review and approval by the Town Planner of a landscaping plan showing
the addition of a vegetative buffer between the proposed parking area and adjacent
property with native plant materials appropriate for screening, as well as the addition of
landscaping to be located in the front of the proposed parking area to provide additional
screening from East King Road; and
C, submission of documentation showing that the applicant has obtained an easement to
construct a path and provide access across the 25 foot strip of land, owned by Evan
L I
PLANNING BOARD PAGE 13 MAY 4, 1999
APPROVED -APPROVED -APPROVED - AUGUST 17, 1999 -APPROVED -APPROVED -APPROVED
Monkemeyer, located between the existing Montessori Main Building and the proposed
Montessori Middle School property; and
d, submission of documentation showing any necessary approvals and permits from
county, state, and /or federal agencies, especially in regards to necessary State building
code variances; and
e, the granting of Special Approval and any necessary Sign and Parking Variances by the
Zoning Board of Appeals; and
f. submission of an original or mylar copy of the final site plan (Sheet A1) to be retained
by the Town of Ithaca.
AND BE IT FURTHER RESOLVED:
1. That the Planning Board, in making its recommendation regarding Special Approval to the
Zoning Board of Appeals, determines the following:
a. there is a need for the proposed use in the proposed location, as demonstrated by the
applicant; and
b, the existing and probable future character of the neighborhood will not be adversely
affected as a result of the proposed use; and
C, the specific proposed change in land use as a result of the proposed project is in
accordance with a Comprehensive Plan of development for the Town of Ithaca.
2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the
aforementioned request for Special Approval be granted.
AND BE IT FURTHER RESOLVED:
1. That the Planning Board, acting as the Sign .Review Board, hereby recommends that the
Zoning Board of Appeals approve the sign variance for the Montessori Middle School, for the
sign shown in the submittal by "Sand Carved Sign," dated April 5, 1999, subject to the
following condition:
a, that the sign shall not exceed 6 feet in hei
10.5 square feet in area.
20 That the approval of the site plan for the 122
properties as shown on Drawing Al supercedes
and the annex dated June 3, 1997 and May 5,
contemplated by such site plans is substantially
this resolution (May 4, 2002)a
ght, as measured from the ground level, nor
East King Road property and the related
the site plan approvals for the main building
1998 respectively, unless the construction
completed within 36 months of the date of
PLANNING BOARD PAGE 14 MAY 40 1999
APPROVED -APPROVED -APPROVED - AUGUST 17, 1999 - APPROVED -APPROVED APPROVED
AYES - Wilcox, Hoffmann, Thayer, Kenerson, Conneman, Ainslie.
NAYS - None.
ABSTAIN - Mitrano.
The MOTION was declared to be carried.
PUBLIC HEARING: Consideration of a Recommendation to the Town Board regarding a
proposed Moratorium on Drive - through Businesses in the Town of Ithaca, excluding those
applications for such businesses which are currently pending before the Town of Ithaca.
Chairperson Wilcox opened the public hearing at 8:36 p.m.
Chairperson Wilcox stated the Planning Board has been asked by the Town Board to make a
non - binding recommendation to the Town Board on a proposed Local Law, The Town Board is
considering enacting a Local Law that would place a nine month moratorium on any new drive=
through businesses in the Town of Ithaca. It would exclude any pending applications. The purpose
of a nine month moratorium is to give the Town a chance to review and investigate what the impacts
of drive - throughs are. The Town will determine if they would like to regulate drive - throughs.
done.
Board Member Mitrano stated it is a good idea.
Board Member Hoffmann stated it is a good idea to study the subject and to see what can be
Ruth Mahr, 103 Judd Falls Road, stated "I support it ".
Gregg Bell, 113 Penny Lane, stated he supports the moratorium. There are many
moratoriums for planning issues where there has not been an exclusion for things before the board.
There is a sense of deference to the applicant. However, there is not a legal requirement that it be
the case. He recommends the Town get as much legal research as they need to find the answer to
the question. Mr. Bell stated he knows of other towns that have had moratoriums on items before the
board. The issue is who the Town government wants to represent the most. If the concern is
deference to the developers versus the interests of the public, it should be stated clearly. This is
what is appears to be. The issue is not unnamed drive- throughs. The issue is a specific drive -
through. The moratorium should apply to the present application as well.
Bill Seldin, 120 Northview Road, stated the applicant entered into this process in good faith
and that Rowe Restaurants has made a considerable investment. The studies that have been
required by the Town so that the various issues could be addressed. The applicant has gone
through the SEQR process only to find that it was not necessary. To develop those issues took
considerable, time, effort and monetary expenditure. Including the applicant would deprive the
applicant of the vested interest that he has in the process. The applicant has come 90% of the way
in terms of what they have tried to do. The applicant has welcomed public input even at hearings
that would not normally be open to the public. It has not been easy. The applicant has respect for
the process and public input.
0
PLANNING BOARD
PAGE
15
MAY 4, 1999
APPROVED - APPROVED
- APPROVED - AUGUST
17,
1 999
- APPROVED
_ APPROVED - APPROVED
Hollis Erb, 118 Snyder Hill Road, stated she has a vested interest of twenty years of home
ownership on Snyder Hill Road. She supports the moratorium and she supports extending the
moratorium. Ms. Erb is concerned about issues of litter and architectural appropriateness and of loss
of open space.
Martha Robertson, 1655 Ellis Hollow Road, stated she understands the applicant's frustration.
However, the applicant must appreciate the cost of doing business. Anytime a business owner has
to go through the approval process, it is part of the cost of doing business. If Burger King were to be
included in the moratorium, the applicant should only consider it a temporary setback. The
application for Burger King represents an irreversible change to the Town. Once it is done, it cannot
be changed. This is something that will change the intersection.
Joel Harlan, Town of Dryden, stated a moratorium should be given to Cornell University,
Ithaca College, and Collegetown. They are building big box buildings fifty times the size of Burger
King. Everyone is O.K. with that. There is a lot of traffic at Cornell University and Collegetown.
These buildings can be seen for miles. When Burger King comes in the County, they are chased
out. Why not do the same to Cornell University, Ithaca College, and Collegetown?
Maryanne Newton, 378 Snyder Hill Road, stated she supports the moratorium. She would like
the board to reconsider the exclusion of Burger King. She asked the amount of monetary investment
that Rowe Restaurants has in the project. If the board is going to make a decision based on the
applicant's vested interest over the vested interest of the community, could numbers be provided.
Chairperson Wilcox closed the public hearing at 8:50 p.m.
Board Member Ainslie stated he would hate to see a moratorium cut down on certain drive -
throughs. He stated he is the oldest board member and he has artificial knees. He enjoys being able
to go to a bank or drug store without having to leave his car when it is icy. Board Member Ainslie
stated his generation is increasing everyday. There were comments submitted stating that people
need to get out of their cars and walk. Board Member Ainslie stated he exercises three days a week.
He would hate to see a moratorium make it impossible for older people.
Chairperson Wilcox stated that the Planning Board does not make decisions on moratoriums.
The Planning Board also cannot make decisions on zoning. It is the prerogative of the Town Board
as elected officials. The Planning Board is making a non - binding recommendation to the Town
Board. The Town Board will be holding a public hearing on whether to adopt the proposed
moratorium.
MOTION by Tracy Mitrano, seconded by George Conneman:
WHEREAS:
1. The Town Board has proposed a "Local Law Providing for a Moratorium for the Establishment
of Drive - through Businesses for a Period of Nine Months," excluding those applications for
such businesses which are currently pending before the Town of Ithaca; and
PLANNING BOARD PAGE 16 MAY 4, 1999
APPROVED - APPROVED - APPROVED - AUGUST 17) J999 - APPROVED - APPROVED - APPROVED
2. Said proposed local law would establish interim regulations prohibiting the establishment of
drive - through businesses for a period of nine months from the date of enactment of the local
law, but not including any application which is currently under active consideration by the
Town of Ithaca, in order to provide a reasonable period of time for the Town Board to consider
alternative regulations regarding the establishment of such uses within the Town of Ithaca;
and
3. The Town Board referred said proposed local law to the Town of Ithaca Planning Board for
their recommendation; and
4. The Planning Board, at a Public Hearing held on May 4, 1999, has reviewed the above -
referenced local law.
NOW, THEREFORE, BE IT RESOLVED.
1. That the Town of Ithaca Planning Board, pursuant to Article XIV, Section 78 of the Town of
Ithaca Zoning Ordinance, hereby finds that
a. There is a need for the proposed local law providing for a moratorium for the
establishment of drive - through businesses for a period of nine months; and
b. The existing and probable future character of the Town will not be adversely affected by
said moratorium; and
C, The proposed local law is in accordance with a comprehensive plan of development of
the Town, and will allow the Town Board to examine alternative means of regulating
such uses within a reasonable period of time; and
BE IT FURTHER RESOLVED.
1. That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town
Board enact the proposed 0 "Local Law Providing for a Moratorium for the Establishment of
Drive- through Businesses for a Period of Nine Months ".
2.
AYES - Wilcox, Hoffmann, Kenerson, Conneman, Mitrano, Thayer.
NAYS - Ainslie.
The MOTION was declared to be carried.
PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and a Recommendation
to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a
Burger King restaurant and drive - through at East Hill Plaza, to be located between the existing
Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road.
Said proposal will include: a 2,820 ± square foot building and drive - through on a 1.859 ± acre
parcel, additional proposed parking spaces on the east side of the proposed buildings,
proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca
{ ,
P_ LANNING BOARD PAGE 17 MAY 4, 1999
J APPROVED -APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED - -
Tax Parcel No. 62 -2 -1.22, Business "C" District. Cornell University, Owner; Rowe Restaurants,.
Applicant/Agent.
Chairperson Wilcox opened the public hearing at 8:55 p.m.
Chairperson Wilcox stated he called Mr. Seldin last week and asked if the applicant had made
use of the firm Claritas and their demographics estimates. He asked Mr. Seldin to look into it
because he is an employee of Claritas and they are in the business of selling demographic
estimates. Chairperson Wilcox stated his primary function with the company is the development of
the estimates. He was unaware of the applicant or their consultant making use of the company's
numbers.
Bill Seldin, 120 Northview Road, stated that the applicant had not used the demographics from
Claritas. He stated that he has the permission of his client to give amount of monetary value he has
invested in the project. Since the beginning of this process, Rowe Restaurants Inc, has spent more
than $58,000. Twenty -five thousand dollars of which is a non - refundable fee to the franchise. The
additional $33,520 is for permits, expert witness fees, and studies. If the board would like, a more
precise breakdown can be provided.
Mr. Seldin stated the applicant came before the Planning Board on December 1, 1998, for
Sketch Plan Review. Public comments were welcome at that point. The applicant welcomed public
input from the start. Eight issues were given to the applicant; traffic through the plaza, lighting,
landscaping, parking spaces, how cars would get to the entrance, sidewalks, clutter, trash, exhaust,
and odor. ' The Planning Board then expressed. their concerns. One of the main concerns was
drainage and traffic. David Herrick from T.G. Millers will address the drainage concerns and interior
plaza concerns. Larry Turchin will address the traffic concerns. Bob Rowe will present the
architecture of the project and how it blends in with the neighboring architecture and landscape. The
applicant tried to develop the project in depth to answer as many questions as possible.
The Planning Department did not look at this application in a vacuum. They were aware of
CFCU and the proposed Summer Hill Apartments. An in depth study was done of traffic, drainage,
landscape, lighting. The noise factor was addressed. The odor problem was addressed by catalytic
converters. The applicant would like to focus and highlight on the issues pertaining to the studies
that need to be addressed.
David Herrick, T.G. Miller Engineers, stated long lists of issues were given to the applicant that
was pertinent to the SEQR process. In developing answers to those issues, a long Environmental
Assessment Form and additional details were developed.
As mentioned at the Sketch Plan Meeting, there was a desire to minimize parking spaces.
Fifty parking spaces were originally proposed. The Preliminary Site Plan includes forty parking
spaces. Sheet C01, the layout plan, shows a. landscape island in the middle of the parking area and
is the nesting site for site light and pole. Eight parking spaces are being set aside. Should there be a
proven need for more parking spaces, Mr. Rowe would come back before the board to ask for the
eight additional parking spaces.
.
PLANNING BOARD
PAGE
18
MAY 4. 1999
APPROVED - APPROVED
- APPROVED - AUGUST 17,
1999 - APPROVED
- APPROVED - APPROVED
Storm water management is an important issue. Guidelines established by. the New York
State Department of Environmental Conservation SPEDES permit process were used. These are
guidelines established for projects in excess of five acres. Sheet CO2 is the Grading and Drainage
Plan. Around the perimeter of the impervious surfaces, there are shallow flat sloped vegetative
swales that will collect and store run -off. The swales will function similar to tile field construction in an
agricultural field. The water will fill up in the basin and will infiltrate through the topsoil layer through a
stone layer that surrounds the perforated tile. It will then flow out to the tributary that cuts through the
parcel and down to Ellis Hollow Road. In designing the drainage and grading system, the sediments
are being filtered out that may run off the parking lot. The outlet structure for the drainage system
controls what runs off the property. The ability to accommodate a severe flood situation is built into
the system. It was important to maintain the flood storage volume in the tributary. This was
accomplished in the grading of the site. There is additional piping to be installed. A sensitive storm
water management system has been created.
Pedestrian access was a concern and how other sidewalks and pathways could be connected.
The vicinity map, Sheet G01, shows the short network of sidewalk that connects with pathway of Pine
Tree Road. It will also connect with the CFCU sidewalk. There are pedestrian sidewalks to the
senior citizen housing. There is also a network of asphalt sidewalks that adjoins Pine Tree Road
down to Coyote Loco.
Mr. Herrick stated the site lighting is shown on sheet C01. There are approximately 8 poles on
the property. Some are single fixture poles and others are duplex. One pole in the middle of the
parking lot has three fixtures attached to it. The poles are 24 feet total mounting height. The poles
that exist on the entrance drive are 30 feet in height. The poles in the Plaza parking lot are 35 feet in
height. In keeping with the character of the light, high - pressure sodium is being proposed. It is
consistent with the Trust Company and the East Hill Plaza. The poles and fixtures will be bronze
color.
The photometrics have been looked at for this plan. Their goal was to keep any light from
migrating off the property. There will be wall- mounted units for security purposes. They will be
located over the doors. The operation of the restaurant stops at 11:00 p.m. The parking area lights
and the illuminated signs will go out at 11:00 p.m. The only lights to remain on after that time are the
security lights on the building.
Mr. Herrick stated the vicinity map represents the landscape improvements that Cornell
University presented in 1996. They are expected to be a condition of this project if the project is
approved. Staff has recommended additional islands be placed in the parking area. The purpose of
the changes is to help eliminate traffic problems with cars cutting through the gas station to East Hill
Plaza. It is to define the concept of a loop road around the outside of the Plaza. The entrance from
the gas station to the Plaza is proposed to be reduced from 60 feet to 30 feet. In doing so, the hope
is to have turning movements formalized. People who cut through will need to turn more formally.
They will have to stop and think before proceeding.
There is not a proposal for this project to have access to Ellis Hollow Road. They have utilized
the recently reconstructed entrance drive to the Plaza. There is a second ingress and egress to the
Plaza parking lot. The drive on the Ellis Hollow entrance is opposite the CFCU entrance.
PLANNING BOARD PAGE 19 MAY 4, 1999
APPROVED - APPROVED - APPROVED - AUGUST-17, 1999 - APPROVED -APPROVED - APPROVED
Mr. Rowe has provided information to the Town that the broiling system in the building will use
a catalytic converter. This will render a lot of emissions traditional of this type of process. There
should not be large odor problems with the project.
Mr. Herrick stated that there was a concern that the menu board would be generating loud
offensive sounds. The menu board is facing the Plaza and the sound will be directed towards the
Plaza. The menu board also has volume control. There should not be a noise problem from the
operation of the restaurant.
The architecture of Burger King is a corporate image. Mr. Rowe will show the board the
options that he has and the materials he would like to use for the project. The drive - through consists
of two windows. One window is for receipt of payment. The other window is distribution of food. The
structure is about 16 feet in height. It is about 42 feet wide and 73 feet in length. This totals out to
be about 2,800 square feet.
Larry Turchin, Traffic Solutions, stated there are issues that have come up relative to the
study. The first item was to discuss procedures with Mr. Kanter and what the Town would like to see
studied as part of the impact study. As part of that review, locations were determined and what
would be included in the analysis. The traffic counts conducted were obtained by using traffic
devices. The trip counter was left out for a seven -day period. Computers then downloaded the traffic
trips. To assist the turns at the intersections, a handheld microprocessor was used. Computers also
downloaded this information. All of the initial counts were real time. The actual counts are in the
study. The existing counts were not modified. They were taken directly off the printouts and into the
study. Trip generation routes were included in the study. The Institute of Transportation Engineers
has developed publications using existing studies collected from across the United States. The latest
material was used in developing the study.
The intersection was analyzed using the Highway Capacity Process. It was a process
developed by the Transportation Research Board that is a branch of the National Research Council
for Highway Administration. The University of Florida later transferred the actual documentation into
a computer program and support. The Trip Generation Book is the same book the Town uses.
The Summerhill Apartments will generate 41 trips in the morning and 43 trips in the evening,
peak hour. A capacity analysis was done taking the built conditions of the proposed Burger King and
the bank. The level of service in the morning, worst case, for this area was the same. It was a "B"
both times. There is nothing dramatic occurring. One of the problems is the identification of the
numbers used in the study as being round trips. They are not. They are one way trips. When forty -
one trips is mentioned, it is one way trips. If they were to be looked at as round trips, the numbers
would need to be divided by two.
Mr. Turchin stated there is an issue regarding the number of trips for the Burger King and the
number of trips of the CFCU. If the report is not read carefully, the point will be missed that there is
an existing credit union. It does not represent new traffic. The people are already there. They were
not identified as new traffic in the study. There are only 80 round trips with the Burger King and 86
round trips for the CFCU. The numbers are not as great as seems to be interpreted.
PLANNING BOARD PAGE 20 MAY 4. 1999
APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED
Part of the trip distribution process is identifying where everyone is going. They go to an
axisting intersection. The number of cars entering is known. They add up the cars going into the
intersection and then calculate the percentages of where the cars are traveling. This is applied
against projected numbers. Another concern was the amount of elderly residents that will be
crossing the service road. It was identified that they would be encountering a large number of
vehicles. The study is done during the peak times. Typically the elderly do not walk from their
homes just to walk through peak traffic. They would find it more convenient to walk through the off
peak periods. When they do walk to Burger King, they will travel along the walkway on the north side
of the intersection. The numbers are in the study. The Town has the documentation available.
Mr. Herrick stated there are important issues of signage. There was confusion about the
freestanding sign and how much square footage is being proposed. The sign will be a little less than
50 square feet total. The applicant is asking that the board consider granting the extra five feet in
height. The other issue is the location of the freestanding sign. It is the preference of the applicant
that the sign be at the rear end of the property. This is the Plaza side. The Sign Ordinance requires
that all ID signs be in the front of the property, Ellis Hollow Road. Sheet C01 is the layout plan and
the sign is shown in the northwest corner of the parcel. If the sign were located at the front of the
parcel, it would be adjacent to the pedestrian way near the intersection of the driveway and Ellis
Hollow Road,
Mr. Rowe has developed a landscape
assorted vegetation around it. There is exter
around the entrance /exit signs and around
landscaping be considered along the area for
the applicant proposes it remain as lawn area,
landscape plan to screen the parking from the
plantings adjacent to the Trust Company site.
plan that will preserve the Norway spruce and other
isive use of deciduous shrubs and perennial grasses
the building. Staff recommended that additional
future parking spaces. Since it is a vegetative swale,
If parking is built there in the future, then revise the
pedestrian way. Another recommendation was to add
Bob Rowe, Rowe Restaurants Inc, stated he has brought examples of the building. He has
taken a picture of the proposed building and various pictures of other architecture in the area. The
architecture and colors are of great variety. Mr. Rowe presented examples of the masonry that will
be used to build the building. They are the actual colors and blocks. Mr. Rowe also supplied
examples of other colors and designs that can be used for the building. Once the board has seen
the other pictures, it will be understood why this building style was chosen. There has been some
worry about the new Burger King image that is coming out. That building or the colors are not
available. It is not an option.
Mr. Seldin stated in the recommendation by the Planning Department in the Memo of April 28,
it was stated that the proposed red building trim at the top of the building with illumination is a
concern. It could be considered as a string of lights and not part of the sign. This may be a violation
of 6.01 -4. 6.01 =4 states that a string of lights not part of the sign shall not be used to advertise,
outline buildings or features of building or attracting attention except as specified in Section 3.01.
Section 6.02 =2 states that indirect illumination including backlighted letters is permitted in all districts.
In the proposed resolution, it suggests to the Zoning Board of Appeals that they consider
approval of the special permit. It is non - binding and is an expression of the Planning Board's
PLANNING BOARD PAGE 21 MAY 4, 1999
APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED
position. The applicant asks that the Planning Board recommend to the Zoning Board of Appeals
chat they approve the special permit. Mr. Seldin stated that in the Village of Chittenango there is a
Burger King operated by Mr. Rowe which has been there for 18 years. The Mayor of Chittenango,
Sullivan Town Supervisor, Sullivan Highway Superintendent, and Town of Sullivan Parks and
Recreation Department have submitted letters in their support of Burger King, The Mayor of
Chittenango has suggested that the purpose of the letter is to give the Town of Ithaca background
information on the Burger King Restaurant that is located in the Village of Chittenango. (See
Attachments #1 -4)
"Burger King has been an excellent neighbor to the village and surrounding businesses since
the time they entered this community. One of the factors that we look at when a new business wants
to enter our community is what services they require and the actual dollars that we realize from taxes.
We also look at the needs of the community and if the business is a positive thing for our residents
and will generate jobs or the negative things that may happen if we allow them into the community. I
am happy to say that the .Burger King Restaurant has been an asset to the Village of Chittenango.
The services that they require are very few and are limited. The taxes that the village collects are far
greater than the services that are provided. This helps the village keep the taxes in check. The
community is supportive of Burger King."
The other letters address the garbage, litter and the lighting. Chittenango is not the Town of
Ithaca. Mr. Seldin stated he was suggesting what they say would be true for the Town of Ithaca.
There is something for the Town to look at in the manner that Mr. Rowe has conducted and operated
his businesses in other locations. Mr. Seldin submitted a listing of 73 community organizations that
Burger King has partnered with. (See Attachment #5). Mr. Seldin also submitted five letters from
East Hill Plaza employees and business owners in support of Burger King. (See Attachment #6 -10).
Mr. Seldin stated that the Planning Board passed a resolution recommending that the Town
Board approve a moratorium on drive - through businesses excluding Burger King. There are no other
quick serve restaurants in the Town of Ithaca. The moratorium and study will insure that none other
will be built unless it is appropriate to do so. The moratorium removes the issue of other drive -
through restaurants coming into the Town of Ithaca. Mr. Seldin submitted a petition signed by 259
people in favor of Burger King. The petitions were passed out in various location of the East. Hill
Plaza and the Senior Citizens Restaurant. (See Attachment #11)0
Ruth Mahr, 103 Judd Falls Road, stated she expected a public hearing at 8:25 p.m. This is a
controversial issue to be starting public comments at 10:10 p.m. when there are about 50 people
wishing to speak. It is inconsiderate to the public.
Kyra Stephanoff, 8 Fox Hollow Road, stated her house is one mile from East Hill Plaza. One
seven day period of measuring traffic during the year is insufficient data to make a universal
statement as to how much traffic there is coming into the intersection. There should have been five
or more seven -day periods scattered throughout the year.
She has lived in Summerhill Townhouses. They are primarily student housing for Cornell
University students. In each apartment there is three or four individuals. Each of the individuals
PLANNING BOARD PAGE 22 MAY 4, 1999
APPROVED - APPROVED - APPROVED -AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED
usually has a car. The number of cars coming out of the Summerhill Townhouses was under
estimated.
The Cornell FingerLakes Credit Union has a new building. There is now an empty structure. If
a new business comes into the structure, more traffic will be added. The current location of the
proposed Burger King is where the snow is dumped in the wintertime. Where will the snow be piled?
Ms. Stephanoff stated she did not see any petitions put out by Burger King. East Hill Plaza is
a community shopping area. If Burger King comes in, there will be two scenarios. She has never
heard residents say there were insufficient restaurants in the East Hill Plaza, Burger King makes
their money out of high volume people coming through. There is not a high volume at East Hill
Plaza. More people will be drawn in or the current number of people will go to Burger King instead of
the current establishments. If other businesses in the area go out of business there will be less
choice. East Hill Plaza does not need a Burger King.
Ellen Schmidt, 8 Genung Circle, submitted her comments to the Planning Board. (See
Attachment #12)0
Steve Robertson, 1655 Ellis Hollow Road, stated his mother was a resident for two years at
the Senior Citizens housing at East Hill. Mr. Robertson stated he wanted to read a short letter written
by Dr. Tillimer.
'The benefits of the proposed moratorium on drive - through businesses in the Town of Ithaca
are reducing dependency on automobiles as well as the traffic problems and litter that accompanies
such businesses. I must comment on the only disadvantage of the moratorium. This is the concern
raised by Town of Ithaca Supervisor, Cathy Valentino, "Drive - throughs make it easier for senior
citizens to go about their daily business without having to get out of their cars ".
"As a gerontologist who focuses on the health of older Americans I want to take strong issue
with this argument. Research shows that the vast majority of senior citizens, and the ones able to
drive, are enjoying good health so that they do not require drive - through windows to "go about their
daily business". Research shows that senior citizens tend to prefer face to face interactions with
service personnel and are less likely to use more impersonal electronic ways of meeting consumer
needs. I hope that no one was persuaded by the notion that drive - throughs should be promoted to
meet senior citizens' needs. This supposed concern for the aged is misplaced in this context. The
Town of Ithaca does not need more drive - through businesses for this or any other reason."
Mr. Robertson stated his mother's two years at the apartment complex were important. She
was able to walk back and forth to the East Hill Plaza and go to the grocery store. She did not drive
and the vast majority of residents do not drive. If a Burger King were to be located at East Hill Plaza
and meet the needs of the older citizens it should be located in the strip of buildings that exists with a
sidewalk.
The petition is interesting. The petition mentioned whether or not a Burger King should be
located in East Hill Plaza. He does not remember any description of its location. He does not
remember if there were mention of whether it was a drive - through or not. If there are 250 people who
1 ,
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would like to see a Burger King at East Hill Plaza, there maybe more than that. Mr. Robertson stated
pie would not have been opposed to a Burger King at East Hill Plaza for his mother's sake when she
was at the apartment complex. She would have eaten well if she had the opportunity.
Joel Harlan, Town of Dryden, stated these stores are not needed. Cornell University, Ithaca
College, and Collegetown are out growing the towns. The new business is quick business.
Environment and change is needed. Jobs are needed. The homeless and poor need to be out to
work or else it will be chaos. Dairy Queen has gone out of business. Dunkin' Donuts has gone out of
business. The Commons are a mess. Expect panhandling. The towns need to out grow Cornell
University so that the towns can dictate to Cornell University. Crime rate will increase if there is not
growth. When a business like Burger King comes in no one wants it. Burger King cannot be seen,
but there are big box buildings that can be seen for miles. Things need to be organized. Everyone is
being run out of the stores.
Lucia Armstrong, 121 Honness Lane, stated she would like to present the Planning Board with
a petition from the residents asking the board not to approve Burger King. In less than a week they
have 217 signatures. These are signatures from residents, not from people who are working in East
Hill Plaza. (See Attachment #13)8
Culvey Mowers, Town of Dryden, stated he has patronized the Burger King in Chittenango. It
is a good one, but there is not a comparison between that restaurant and the Town of Ithaca. There
will be pressure placed on the landowners in the area if Burger King is to be approved. (See
Attachment #14).
Cathy Valentino, Town of Ithaca Supervisor, stated she would like to make a correction. She
stated that she was mentioned in a letter to the editor in the Journal. It misinterpreted the article that
Lauren Bishop wrote in the Ithaca Journal when she was speaking in favor of the moratorium.
Supervisor Valentino stated that she was not misquoted, but if people read the article closely it will be
interpreted differently. When the Town studies drive - throughs during a moratorium, it is important for
all aspects to be looked at. She stated she was using senior citizens and their handicaps as an
example of how their needs may be met with a drive - through. It was being used as a positive aspect
for those less able to get around. It was the only context that she was using.
Susan Bull Riley, 71 Woodcrest Avenue, stated she would like submit a letter to the Planning
Board. (See Attachment #15).
Chris Grippen, Snyder Hill Road, stated he is younger than most that have spoken, but he has
lived on Snyder Hill Road his entire life. He respects every one's opinion. It has given him a different
perspective and he values this area as much as anyone does. Mr. Grippen stated he has a young
family and he believes Burger King will give his family an opportunity to go somewhere to eat. If his
family wants this type of food, they need to drive 20 minutes. His kids would love to have Burger
King at East Hill Plaza, but the neighborhood needs it as well. There have been a lot of businesses
in East Hill Plaza that have gone out of business. If the Town wants to keep the current businesses
running, other businesses like Burger King need to be brought in. The value of East Hill Plaza needs
to be enhanced.
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Elizabeth Livesay, 785 Snyder Hill Road, stated she noticed in Mr. Herrick's presentation that.
ne discussed the slope swale as being water drainage control site. Then he previously proposed it
as a future - parking site. Is it so?
Ms. Livesay stated she grew up on Snyder Hill Road. She remembers when Pine Tree Road
was home to mostly sheep, pigs and green willow trees. She remembers the red brick farmhouse
that stood on the proposed site. She remembers pastures where the East Hill Plaza now exists. Ms.
Livesay stated she has observed generations of young families taking their families to see the farm
animals. She was one of those children. In spite of increased traffic Pine Tree and Ellis Hollow
Roads remain an active biking, jogging and walking route. Young families with children outside a
pasture or lunchtime runners are not scenes that can be found on Route 13 south or Triphammer
Road. She fears once the first domino falls that a precedent is being set. Regardless of a nine
month moratorium no one will know what will happen. Then are 7 parcels of privately owned land in
the adjacent area. Cornell University may decide to do something different with their crop fields. She
has done a lot of her shopping at the East Hill Plaza and has worked there. If would be a fine idea to
have Burger King. She is disappointed that they did not discuss them occupying the end building.
There are enough fast food places in the County. There is not a need. A need has not been
demonstrated. She is amazed that people can say that there is a need when other food is available.
It would not bring high or moderate level jobs to the area. She is also concerned about pedestrian
walkways.
Cindy Kramer, 207 Bryant Ave, stated she would like to submit her statement to the Planning
Board. (See Attachment #16).
Ms. Kramer stated Mitchell Street was not mentioned in the traffic report. Many people will
travel from Mitchell Street to the East Hill Plaza. This traffic will be passing by Belle Sherman School
doing school arrival and breakfast time. The supporters of Burger King have been open to the
public's input. The applicant has invested time and money. The difference is point of view. She is
worried about property values changing. Ms. Kramer stated she is interested in preventing the
problem and not treating the problem. She is interested in the long -term effect on the community.
Ruth Mahr, 103 Judd Falls Road, stated she would like to submit her statement to the
Planning Board. (See Attachment #17).
Richard Fischer, Pine Tree Road, stated he has lived in the Town of Ithaca for 40 years. The
board has heard many good reasons for denying Burger King. The community calls upon the
Planning Board to veto their request.
Frank Baldwin, Pine Tree Road, stated he would like to submit a letter from Anne Kendall who
is a dietitian and nutritionist. (See Attachment #18).
Beverly Livesay, 147 Snyder Hill Road, stated she and her husband are senior citizens and
have lived on Snyder Hill Road for 42 years. (See Attachment #19).
Lois Kingsbury, Town of Dryden, stated she has used East Hill Plaza and has found it to be
very dangerous. The comment that the senior citizens do not go to the plaza during peak hour is true
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for her also. She does not like going to the Plaza during peak hours. It is a dangerous lot for cars
and pedestrians. Buses also park in the Plaza and there is much confusion any time of the day.
There is not a sidewalk to get someone from the end of the walk at the apartments to the covered
store walkways. Theoretically people will be able to go from the apartments to Burger King, but they
will have to cross the bank entrance /exits. One of her main concerns is the safety of pedestrian
traffic. Cornell University has proposed to put landscape islands in. Hopefully it will help the
situation. East Hill Plaza is half Cornell University businesses and has two types of businesses, the
general public and students. Ms. Kingsbury stated she wished the drive - through moratorium would
have included Burger King. She also hoped the owner of Burger King was aware that there was a
McDonald's project for the same area and it was turned down.
Chairperson Wilcox stated that ten years ago the Planning Board did not deny the McDonald 7s
application. The applicant was required to complete a Full Environmental Impact Statement. The
applicant sued the Town saying they should not have to. The Town won and the applicant withdrew
their application.
Gregg Bell, 113 Penny Lane, stated he has studied cities for 30 years. He has read
extensively and has gone to many conferences. He has taken a look at the broad picture of what is
happening. It is nice to look at traffic studies and debate the small details. The issue is not the traffic
counts and how to handle the drainage swale. The issue is character. The issue of character is
sweeping across the country. The Town needs to look at what they are going to be as a town. The
Town Board and Town Planning Board has a great deal of power to determine that question.
Ultimately that is what it is about. The developers submitted a petition of 259 signature in support of
Burger King. None of those people are present. It is interesting. The people present are the ones
that really care. They are the ones who live in the area and pay the taxes. They are the ones who
the Town Government is elected and appointed for. No one knows who the supporters are.
In 1971 there was a site plan approved for East Hill Plaza. In the site plan there was a
requirement that the developer of East Hill Plaza create a row of conifer trees that are 425 feet long,
10 feet deep, and at least 5 feet high along Ellis Hollow Road. If the Town had enforced that
requirement, this proposal would not be able to happen. The requirement has never been changed.
He would like to see the requirement take place.
The graphic titled "East Hill Plaza Neighboring Architecture" does not show the open space
around the area. It does not convey the feeling of the surrounding area. In addition, he would like to
see a graphic of the neighboring architecture of Mr. Rowe's Burger King in Dryden. Mr. Rowe is
bringing a concept to the Town of Ithaca that he has been doing in other towns. There are a series
of things happening in the Town of Dryden as a result of poor planning. Mr. Rowe is part of it. It is
not a question of what organization he supports. It is what he has done to the community. The issue
is what type of town is being created. It is also an issue of who the Town government represents.
Does it represent any developer or the taxpayers?
Martha Robertson,, 1655 Ellis Hollow Road, she would like to submit her comments to the
Planning Board. (See Attachment #20).
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Mary Squyres, 383 Hurd Road, stated she would like to submit a letter to the Planning Board
rrom Johanna Gettinger. (See Attachments #21 =22).
Kristof Ostland, 13 Ringwood Court, stated his concern is the image of the area once a fast
food restaurant goes in. There is a domino effect. The area will become known for fast food. A
change in the image of the area will have a direct impact on his business.
Maryanne Newton, 378 Snyder Hill Road, stated she would like to submit a letter from her
neighbors. (See Attachment #23). She does not think it is easy to get information about this project.
There are many people in the area that do not understand how the process works. Ms. Newton
stated it was mentioned that the Planning Board already has their mind made up. She does not
understand the difference between the Town of Ithaca and City of Ithaca. She does not know if the
Planning Board's approval /disapproval will end the process. Ms. Newton stated there are many
people who do have opinions and are not certain how to go about it. The neighborhood would
encourage another family dining option at East Hill. The neighborhood does not need a fast food
restaurant and drive - through. There is a problem with traffic in the area. This will make traffic worse.
She admires the rural character of East Hill Plaza. She does not want to see this change.
Robin Seeley, 332 Hurd Road, stated that talking about the traffic study is important. Traffic is
the biggest impact. It has not been clear how some of these numbers were arrived at. She called
DOT to find out what is happening with the Judd Falls, Pine Tree Road and Route 366 intersection.
The answer was that there is no current plan for anything. There is only a proposal being discussed
at the beginning stages. There are safety issues that need to be addressed at this intersection. Ms.
Seeley submitted comments to the Planning Board. (See Attachment #24).
Bruce Turnbull, 118 Pine Tree Road, stated this board should act consistently with the
Comprehensive Plan and the promises that were made when East Hill Plaza was allowed.
Hollis Erb, 118 Pine Tree Road, stated she can see the horse pasture from her house. She
begs the Planning Board not to degrade the quality of her neighborhood with a drive - through fast
food restaurant. It will take the character away from the neighborhood.
Cande Carroll, 176 Genung Road, stated she questions the traffic patterns and the traffic
study that was done. The number of days is inadequate. She also questions the grouping of
architecture. East Hill Plaza is very beautiful. It is a great shopping center. Ms. Carroll stated the
series of nine photographs does not represent the shopping center as a whole. Taken as a whole it
is beautiful.
Ms. Carroll stated she questions the narrowing of the entrance /exit between the gas station
and the East Hill Plaza. This was to formulize people's driving habits. If there is any similarity to the
new configuration at the bottom of Mitchell Street, where Route 366 meets Mitchell Street. It is
atrocious. People new to the neighborhood do not have a clue what to do. The ID sign is big
whether it is 55 square feet or 50 square feet.
A letter was read from an employee of East Hill Plaza and it gave the impression that having a
drive - through Burger King would offer low cost nutrition. A few years ago the Ellis Hollow and Judd
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Falls Road intersection was redone. It has changed since then. It is not a safe intersection as it was.
then. It is already very difficult to cross as a pedestrian. There are not any markings or signs
suggesting that there are pedestrians. For traffic coming into Ithaca from the south, most likely there
will be a sign mentioning Burger King. This will bring in a lot of traffic. The newspapers show that
drug deals come from the south of Ithaca. Is some of it going to be done at East Hill Plaza?
Susan Shefter, 145 Pine Tree Road, stated a drive - through restaurant is a complete departure
from anything else in East. Hill Plaza. If it were not, a drive - through chain restaurant would be
acceptable to Burger King to put in the line of stores. She looked at the traffic study and she came
up with a figure of 45% existing East Hill Plaza customers. Fifty -five percent will be newly generated
traffic. The newly generated traffic will not be people who already live in the area and use the
shopping center. It will be people outside of the area who will use the drive - through and leave a trail
of litter. Ms. Shefter stated she hoped the Planning Board would not approve the application.
Peter Salton, 206 East Upland Road, stated that Ithaca already has a mall, shopping center, and
hundreds of parking spaces. The applicant is asking for 40 more. He does not see anything radical
about the plan. This is not heavy industry. There is already litter at the East Hill Plaza. Behind the
P &C and East Hill Plaza there are large dumpsters filled with trash. It makes sense to have nice
landscaping around the restaurant. It also makes sense to have a restaurant. He welcomes it to be
in the Town of Ithaca. Some of these business will go out. Burger King will be a magnet to East Hill
Plaza. The Planning Department explained that the "C" District would not spread across the road
into the farm fields of Cornell University, The Town of Ithaca needs to be business friendly.
Peggy Walburn, 123 Hunt Hill Road, stated the traffic needs to be looked at carefully.. The
snow removal needs to be addressed. Where will it go? Where will the commuters and buses park?
There have been many promises made in the past in terms of buffers and the worries of future
sprawl are real. Having been on a Town Committee she knows that things do not get enforced.
There is too much for a town to do. Ms. Walburn stated she hopes the Planning Board would not
approve the application. It is not needed. If Cornell University students need it, put it in Collegetown.
It will serve the students far better than overwhelming the Town of Ithaca.
A letter was submitted on behalf of Merry Jo Bauer. Please See Attachment #25.
With no other persons present to be heard, Chairperson Wilcox closed the public hearing at
11:45 p.m.
Chairperson Wilcox stated that it was not known how long the discussion would take. If at
11:30 a decision could be made by midnight, then the board would continue their discussions. Given
it is 11:45 p.m.; the board will not be able to reach a decision for another two or three hours. It is
appropriate that the board adjourn the Preliminary discussion of Burger King to the May 18, 1999
Planning Board meeting.
Mr. Kanter stated it will be a long meeting with Burger King on the agenda.
Chairperson Wilcox asked the Planning Board if a special meeting was needed to discuss
Burger King.
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Board Member Hoffmann stated her personal preference would be a special meeting. She will
not be able to attend the May 18, 1999 meeting.
Attorney Barney stated there is not anything major on the May 18, 1999 meeting agenda.
There is sufficient time to be able to discuss Burger King,
Chairperson Wilcox stated the board has decided to adjourn the discussion based upon the
comments that the board has heard. The board has decided to hold the discussion at the next
Planning Board meeting, May 18, 1999. It will be held at Town Hall. It will be a meeting for the
Planning Board to ask the applicant questions. It will not be a public hearing. The public is welcome
to come and listen to the discussion. Public comments will not be permitted.
MOTION made by Robert Kenerson, seconded by Tracy Mitrano.
BE IT RESOLVED,
That the Town of Ithaca Planning Board adjourns the Preliminary Site Plan discussion of
Burger King to the next Planning Board Meeting, May 18, 1999,
AYES: Wilcox, Hoffmann, Conneman, Kenerson, Ainslie, Mitrano, Thayer.
NAYS: NONE.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: ADJOURNMENT:
Upon MOTION, Chairperson Wilcox declared the May 4, 1999; Meeting of Town of Ithaca
Planning Board duly adjourned at 11:51 p.m.
Prepared by:
Carrie L. Coates,
Keyboard Specialist/Minutes Recorder
Mary Bryant,
Administrative Secretary for the Town of Ithaca
Planning Board.