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HomeMy WebLinkAbout10.28.2013 Minutes.pdf C:\Users\apodufalski\Downloads\10.28.2013 Minutes.docx Village of Cayuga Heights Planning Board Meeting #45 Monday, October 28, 2013 Marcham Hall – 7:00pm Minutes Present: Planning Board Members Chair M. Harms, F. Cowett, G. Gillespie, and R. Segelken Alternate D. Hay Trustee Liaison S. Hamilton, Deputy Clerk A. Podufalski Code Enforcement Officer B. Cross, Attorney R. Marcus Members of the Kendal at Ithaca Facility and Construction Team Members of the public Item 1 – Meeting called to order · Chair M. Harms opened the meeting at 7:01 pm. Item 2- September 23, 2013 Minutes Motion: G. Gillespie Second: F. Cowett RESOLUTION No. 115 APPROVING MINUTES OF SEPTEMBER 23, 2013 RESOLVE, that the written, reviewed and revised minutes of the September 23, 2013 meeting are hereby approved. Aye votes – Chair M. Harms, G. Gillespie, R. Segelken, F. Cowett Opposed- None Item 3- Public Comment · No members of the general public wished to comment. Item 4- Public Hearing continuation and resolution-Kendal at Ithaca Renovation and Addition Proposal A. Kendal at Ithaca Addition Project · Chair M. Harms re-opened the public hearing that was adjourned at the September 23, 2013 meeting. · B. Eden commented on the importance of using porous materials when constructing the new proposed parking areas to control storm water run-off. K. Michaels from the C:\Users\apodufalski\Downloads\10.28.2013 Minutes.docx Kendal construction team explained that construction drawings already specify that porous pavement will be used for the new parking areas. · Code Enforcement Officer B. Cross reviewed his Engineer’s Report regarding the Stormwater Pollution Protection Plan. He has found the plan to be in compliance with technical standards associated with Village and NYSDEC regulations, including prevention of increased run-off/pollution to properties downstream of the site. · Code Enforcement Officer B. Cross discussed the letter received from Tompkins County Commissioner of Planning, Ed Marx. The Tompkins County Planning Department has reviewed the proposals for the addition and salt storage facility and has determined that neither proposal will have a negative inter-community or county-wide impact. · Chair M. Harms appointed Alternate D. Hay to act as a voting member for the meeting. Motion: G. Gillespie Second: F. Cowett RESOLUTION No. 116 TO CLOSE THE PUBLIC HEARING REGARDING THE KENDAL AT ITHACA ADDITION PROPOSAL. RESOLVE, that the public hearing on the matter of the Kendal at Ithaca addition proposal is hereby closed. Aye votes – Chair M. Harms, G. Gillespie, R. Segelken, F. Cowett, D. Hay Opposed- None B. Salt Storage Project · Chair M. Harms opened the public hearing regarding the proposed salt storage facility at Kendal. · Code Enforcement Officer B. Cross reminded the Board that at the September 23, 2013 meeting Attorney R. Marcus informed the Board this is a Type 2 Action and is exempt from SEQR review referencing section 617.5(c)(7). Motion: F. Cowett Second: D. Hay RESOLUTION No. 117 TO CLOSE THE PUBLIC HEARING REGARDING THE KENDAL AT ITHACA SALT STORAGE PROPOSAL. RESOLVE, that the public hearing on the matter of the Kendal at Ithaca salt storage proposal is hereby closed. C:\Users\apodufalski\Downloads\10.28.2013 Minutes.docx Aye votes – Chair M. Harms, G. Gillespie, R. Segelken, F. Cowett, D. Hay Opposed- None · At the September 23, 2013 meeting, pertaining to the Kendal addition proposal, the Board refrained from answering question #20 on Part 2 of the State Environmental Quality Review (SEQR) Long Form until the closing of the public hearing. · The Board reviewed question #20, answered “No,” and completed the form. · The Board voted on the following resolution regarding the SEQR determination: RESOLUTION No. 118 VILLAGE OF CAYUGA HEIGHTS PLANNING BOARD RESOLUTION ADOPTED ON OCTOBER 28, 2013 FOR SEQR REVIEW FOR THE SITE PLAN FOR ADDITIONS TO THE KENDAL AT ITHACA FACILITY AT 2230 NORTH TRIPHAMMER ROAD Motion made by: G. Gillespie Motion seconded by: R. Segelken WHEREAS: A. This matter involves consideration of the application submitted by Kendal at Ithaca (“Kendal”) for approval of a site plan for additions to its facilities at 2230 North Triphammer Road, which additions include 24 new dwelling units and 48 new skilled nursing beds (collectively, the “Addition”); and B. Development of the Kendal facility was approved as a Planned Unit Development by the Village Planning Board in accordance with the Village’s Planned Unit Development Law, Local Law No. 1 of 1993; and C. In accordance with the Village’s Local Law No. 3 of 2013, Section 24(III)(A)(1) of the Village’s Zoning Ordinance was amended such that any use or change in use of land in a Planned Unit Development requires the property owner to submit a site plan to the Planning Board for review and approval; and D. Kendal has submitted a site plan for the Addition to the Planning Board for review; and E. This proposed action is an Unlisted Action for which the Village of Cayuga Heights Planning Board is an involved agency for the purposes of environmental review; and F. The Village Planning Board has undertaken the site plan review process for the Addition, which involved review of Kendal’s site plan and environmental issues and considerations C:\Users\apodufalski\Downloads\10.28.2013 Minutes.docx related thereto and the inclusion of mitigating measures deemed necessary and appropriate; and G. Beginning on September 23, 2013 and concluding on October 28, 2013, the Village of Cayuga Heights Planning Board, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (“SEQR”), and after having taken public comment related thereto, (i) reviewed the Full Environmental Assessment Form (the “Full EAF”), Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) completed the Full EAF, Part 2 (and, if applicable, Part 3); NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Village of Cayuga Heights Planning Board, based upon (i) its thorough review of the Full EAF, Part 1, and any and all other documents and public comment prepared and submitted with respect to the proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the Full EAF, Part 2 (and, if applicable, Part 3), including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“NEGATIVE DECLARATION”) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required; and: 2. The Responsible Officer of the Village of Cayuga Heights Planning Board is hereby authorized and directed to complete and sign as required the Full EAF Determination of Significance confirming the foregoing NEGATIVE DECLARATION, which fully completed and signed Full EAF shall be attached to and made a part of this Resolution. The vote on the foregoing motion was as follows: AYES: Chair M. Harms, G. Gillespie, R. Segelken, F. Cowett, D. Hay NAYS: None The motion was declared to be carried. · The Board voted on the following resolution regarding the site plan approval: RESOLUTION No. 119 C:\Users\apodufalski\Downloads\10.28.2013 Minutes.docx VILLAGE OF CAYUGA HEIGHTS PLANNING BOARD RESOLUTION ADOPTED ON OCTOBER 28, 2013 FOR THE SITE PLAN FOR ADDITIONS TO THE KENDAL AT ITHACA FACILITY, 2230 NORTH TRIPHAMMER ROAD Motion made by: D. Hay Motion seconded by: G. Gillespie WHEREAS: A. This matter involves consideration of the application submitted by Kendal at Ithaca (“Kendal”) for approval of a site plan for additions to its facilities at 2230 North Triphammer Road, which additions include 24 new dwelling units and 48 new skilled nursing beds (collectively, the “Addition”); and B. Development of the Kendal facility was approved as a Planned Unit Development by the Village Planning Board in accordance with the Village’s Planned Unit Development Law, Local Law No. 1 of 1993; and C. In accordance with the Village’s Local Law No. 3 of 2013, Section 24(III)(A)(1) of the Village’s Zoning Ordinance was amended such that any use or change in use of land in a Planned Unit Development requires the property owner to submit a site plan to the Planning Board for review and approval; and D. Kendal has submitted a site plan for the Addition to the Planning Board for review; and E. The Village Planning Board has undertaken the site plan review process for the Addition, which involved review of Kendal’s site plan and environmental issues and considerations related thereto and the inclusion of mitigating measures deemed necessary and appropriate; and F. The Village Zoning/Code Enforcement Officer has provided his written comments and recommendations, dated September 17, 2013, to the Planning Board with respect to the proposed action; and G. On August 26, 2013, the Village Planning Board acknowledged receipt from the applicant of its site plan application and the New York State Environmental Conservation Law - State Environmental Quality Review Act (“SEQR”) Long Environmental Assessment Form (the “Long EAF”) Part I, and any and all other documents prepared and submitted with respect to the proposed action and its environmental review; and H. On August 26, 2013, the Village Planning Board, acting in accordance with Section 24(III)(3)(c) of the Village Zoning Ordinance resolved to hold a formal public hearing at which public comment would be permitted for all interested parties, including, but not C:\Users\apodufalski\Downloads\10.28.2013 Minutes.docx limited to, those property owners with properties contiguous to the boundaries of the Kendal facility, which public hearing was scheduled for September 23, 2013; and I. On September 23, 2013, the Village Planning Board opened the public hearing on the proposed action for the purpose of receiving public comment on Kendal’s site plan application, including on environmental issues, and for the purpose of the Planning Board’s review and evaluation, and no members of the public were present or provided any comments; and J. Because a question arose as to whether the notice of the public hearing was published adequately in advance of the public hearing, the Planning Board determined to adjourn to the Planning Board’s October 28, 2013 hearing, to insure that any interested party have an opportunity to provide comments on the Kendal site plan application, and K. On September 23, 2013, the Village Planning Board determined that the proposed action is an Unlisted Action for which the Board is an involved agency, and in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of SEQR, the Board (i) thoroughly reviewed the Long EAF Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) completed the Long EAF Part II, with the exemption of completing item #20 thereof, pending the closing of the public hearing; and L. The Village has received a response dated October 28, 2013 from the Tompkins County Planning Department, pursuant to Sections 239 –l and –m of the NYS General Municipal Law, in reference to the proposed action, determining that the proposed action has no negative intercommunity or county-wide impacts; and M. On October 28, 2013, the Village Planning Board opened the public hearing on the proposed action, permitted additional public comment, and again no members of the public were present or provided any comments, and thereupon the Planning Board closed the public hearing; and N. On October 28, 2013 the Village Planning Board further reviewed the proposed site plan and accompanying application materials submitted by the applicant, completed the Long EAF, and made a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the proposed action and determined that an Environmental Impact Statement would not be required, and determined, having completed the SEQR review and having made its SEQR determination, that the site plan application was complete; and O. On October 28, 2013 the Village Planning Board in accordance with Section 7-725-a of the Village Law of the State of New York and Section 24 of the Village of Cayuga Heights Zoning Ordinance (i) reviewed and analyzed the issues raised during the public hearing and otherwise raised in the course of its deliberations; (ii) reviewed and took into C:\Users\apodufalski\Downloads\10.28.2013 Minutes.docx consideration the provisions and requirements for site plan approval as provided for in said Section 24 of the Village of Cayuga Heights Zoning Ordinance, including, but not limited to, the general considerations set forth in Subsection (III)(A)(1) thereof; and (iii) reviewed and considered possible modifications and/or conditions that might be imposed in conjunction with any site plan approval to be granted for such site plan; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Village of Cayuga Heights Planning Board hereby finds that subject to the modifications and/or conditions set forth on the attached Schedule A, if any, the proposed action meets all conditions and requirements for site plan approval pursuant to Section 24 of the Village of Cayuga Heights Zoning Ordinance (and all Subsections thereunder); and 2. In accordance with Section 24 of the Village of Cayuga Heights Zoning Ordinance, it is hereby determined by the Village of Cayuga Heights Planning Board that approval of the site plan for the proposed Kendal Addition is GRANTED subject to the modifications and/or conditions set forth on the attached Schedule A, if any; and 3. This resolution (and any modifications and/or conditions set forth on the attached Schedule A) shall constitute the written statement of the Village of Cayuga Heights Planning Board’s action pursuant to Section 24 of the Village of Cayuga Heights Zoning Ordinance, and copies of this resolution shall be presented to the applicant and the Village Board of Trustees; and 4. A final site plan conforming to the site plan approved as herein provided and incorporating any and all modifications and/or conditions set forth on the attached Schedule A shall be submitted to the Village of Cayuga Heights Zoning/Code Enforcement Officer. The vote on the foregoing motion was as follows: AYES: Chair M. Harms, G. Gillespie, R. Segelken, F. Cowett, D. Hay NAYS: None The motion was declared to be carried. Schedule A No Conditions · The Board voted on the following resolution regarding the salt storage proposal: Motion: D. Hay C:\Users\apodufalski\Downloads\10.28.2013 Minutes.docx Second: R. Segelken RESOLUTION No. 120 TO GRANT APPROVEAL FOR THE KENDAL AT ITHACA SALT STORAGE SITE PLAN PROPOSAL. RESOLVE, that the site plan for the Kendal at Ithaca salt storage proposal is hereby approved. Aye votes – Chair M. Harms, G. Gillespie, R. Segelken, F. Cowett, D. Hay Opposed- None Item 5- Project at 207 Kelvin Place- Preliminary discussion with Code Enforcement Officer B. Cross · The building is an existing 4 family home with an attached garage. The new property owner wants to convert the garage into an additional living space. · The Village has an Intermunicipal agreement with the City of Ithaca regarding fire code enforcement for properties that lie partially in both municipalities. The City of Ithaca has waived their involvement for this property. · There will be no change in the existing footprint; however, the owner wants to add another story to the garage during the renovation. · Attorney R. Marcus advised this would be considered a change in existing use under the current zoning law. · Code Enforcement Officer B. Cross said he will most likely require a site plan review. Item 6- Other Business · Board member R. Segelken asked questions regarding industry and fencing. Code Enforcement Officer B. Cross said he would have to investigate the property in question to make a determination. · The Board discussed the historical district in Cornell Heights and changes that have been proposed. · Comprehensive Plan- F. Cowett has distributed the most recent edits to the Board of Trustees. Chair M. Harms made additional edit suggestions. Item 7- Adjourn Chair M. Harms adjourned the meeting at 8:33 pm.