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HomeMy WebLinkAboutMinutes1 Village of Cayuga Heights Planning Board Meeting #116 Monday, September 18, 2023 Marcham Hall – 7:00 pm Minutes Present: Planning Board Members Chair F. Cowett, J. Leijonhufvud, M. McMurry, E. Quaroni, R. Segelken Code Enforcement Officer B. Cross, Attorney R. Marcus, Deputy Clerk A. Jacot, Alternate Member M. Johnston T. Crossgrove, Facility Services Director, Kendal at Ithaca R. Kawecki, Bousquet Holstein PLLC Members of the Public Item 1 – Meeting called to order • Chair F. Cowett opened the meeting at 7:03 pm. • Chair F. Cowett stated that all Planning Board members are present; Alternate Member M. Johnston is welcome to participate in the meeting, but cannot take part in any Board votes. • Chair F. Cowett further stated that R. Kawecki, Bousquet Holstein PLLC, is observing the meeting via Zoom. Item 2 – August 28, 2023 Minutes • The Board reviewed the minutes of the August 28, 2023 meeting. Motion: E. Quaroni Second: M. McMurry RESOLUTION No. 395 APPROVING MINUTES OF AUGUST 28, 2023 RESOLVED, that the written, reviewed and revised minutes of the August 28, 2023 meeting are hereby approved. Aye votes – Chair F. Cowett, M. McMurry, E. Quaroni Abstain – J. Leijonhufvud, R. Segelken Opposed – None 2 Item 3 – Public Comment • No members of the public wished to speak. Item 4 – Site Plan Review – Kendal at Ithaca – Renwick Brook Riparian Buffer • Chair F. Cowett stated that, at its August 28 meeting, pursuant to § 305-35.H and § 305-58 of the Village’s Zoning Law, the Board accepted for site plan review the project at Kendal at Ithaca concerning the restoration of the riparian buffer for Renwick Brook; at its August 28 meeting, the Board scheduled a public hearing regarding the project; notice of the public hearing was given 10 calendar days in advance of this meeting. • Chair F. Cowett further stated that, at the Board’s August 28 meeting, Attorney R. Marcus, whose residence on Hanshaw Road borders the rear portion of Kendal where the Renwick Brook riparian buffer is located and where substantial tree cutting also occurred, recused himself from providing legal guidance to the Board for this project; R. Kawecki, Bousquet Holstein PLLC, who has observed many meetings of the Board and is observing the meeting via Zoom, is able to give the Board advice on legal questions if required. • Chair F. Cowett further stated that, at its August 28 meeting, the Board declared itself lead agency for SEQRA and categorized the project as an Unlisted SEQRA action contingent on research by R. Kawecki as to whether subsection 20 of § 617.5.C of the Codes, Rules, and Regulations of the State of New York is applicable to this project and if the Board should re-categorize the project as a Type II SEQRA action; subsequent to the August 28 meeting, R. Kawecki informed the Chair that subsection 20 was not applicable and that the project was correctly categorized as an Unlisted SEQRA action. • Chair F. Cowett further stated that, subsequent to the Board’s August 28 meeting, Code Enforcement Officer Brent Cross determined that a GML 239-m review by the Tompkins County Planning Department is not required; although the boundary line for the entire Kendal at Ithaca parcel is within 500 feet of another municipality’s boundary, the proposed action, namely the restoration of the riparian buffer for a portion of Renwick Brook located in the southwestern section of the Kendal at Ithaca parcel, is not within 500 feet of another municipality’s boundary. • Attorney R. Marcus stated that he is again recusing himself from providing legal guidance to the Board for this project and that R. Kawecki, Bousquet Holstein PLLC, who is observing the meeting via Zoom, will be able to give the Board advice on legal questions if required. • Attorney R. Marcus further stated that he will be participating in the public hearing as a member of the public. • The public hearing commenced at 7:08 pm. 3 • Attorney R. Marcus stated that he lives at 706 Hanshaw Road; his backyard is adjacent to Kendal at Ithaca; the Kendal organization has been responsive to his concerns about the tree cutting that occurred; he has nothing to add regarding the Renwick Brook riparian buffer restoration; that project does not have a significant impact on him; the clearcutting of trees between his property and Renwick Brook did have a significant impact; the contractor was supposed to do selective tree cutting, but clearcutting occurred instead; included in the area that was clearcut is an area categorized as a possible wetland by a Nick Hollingshead study for Tompkins County; he does not know if this area is a wetland, but has observed that it is often wet; in fact, the area was sufficiently wet that the tree cutting was temporarily postponed; a mountain of woodchips created during the treecutting was spread over this area and any wetland plants that may have been growing there are buried and no longer there. • R. Segelken asked if Kendal has offered any plans to remediate the clearcutting. • T. Crossgrove, Kendal at Ithaca, replied that, as part of the trees being ordered for planting in the riparian buffer, additional trees have been ordered for planting in the clearcut area. • R. Segelken asked if any harm was done by spreading the woodchips. • T. Crossgrove replied that he is not aware of any harm done; the woodchips have suppressed buckthorn and other invasive plant species that had been growing there. • Chair F. Cowett stated that the matter currently before the Board relates solely to the riparian buffer restoration and not to the larger clearcut area including the possible wetland. • No additional members of the public wished to speak. Motion: J. Leijonhufvud Second: R. Segelken RESOLUTION No. 396 TO CLOSE THE PUBLIC HEARING RESOLVED, that the public hearing regarding site plan review for the proposed project at Kendal at Ithaca be closed. Aye votes – Chair F. Cowett, J. Leijonhufvud, M. McMurry, E. Quaroni, R. Segelken Opposed – None • The public hearing was closed at 7:17 pm. • Chair F. Cowett stated that, pursuant to the Board categorizing the project as an Unlisted SEQRA action, T. Crossgrove, Kendal at Ithaca, has submitted Part 1 of the SEQRA short form. • The Board reviewed the applicant’s responses to the questions in Part 1 of the SEQRA short form. 4 5 6 7 8 • The Board made the following revisions to the applicant’s responses to the questions in Part 1 of the SEQRA short form: Q4 – the Board added Parkland as a land use; Q13b – the Board answered Yes, that the proposed action would physically alter an existing waterbody; Q14 – the Board added Agricultural/grasslands and Suburban as habitat types found on the project site. • Chair F. Cowett stated that the NYS DEC’s EAF Mapper had kicked out a YES answer to Question 13b regarding adjacent archaeological sites, but a letter received from the NYS Office of Parks, Recreation, and Historical Preservation stated that no archaeological and/or historical resources will be impacted by this project. • The Board reviewed Parts 2 and 3 of the SEQRA short form. 9 10 Motion: J. Leijonhufvud Second: R. Segelken RESOLUTION No. 397 TO DETERMINE THE PROPOSED ACTION WILL NOT RESULT IN AN ADVERSE ENVIRONMENTAL IMPACT RESOLVED, that the Village of Cayuga Heights Planning Board has determined that the proposed project at Kendal at Ithaca will not result in any significant adverse environmental impacts. Aye votes – Chair F. Cowett, J. Leijonhufvud, M. McMurry, E. Quaroni, R. Segelken Opposed – None • The Board discussed § 305-117.B of the Village’s Zoning Law, “Factors to be considered by the Planning Board in site plan review,” and made the following findings: o Location and site of the use: The site is located along Renwick Brook, an intermittent stream, at Kendal at Ithaca, 2230 N. Triphammer Rd. o Nature and intensity of the use: The proposed use is the restoration of the riparian buffer -- 20 feet either side of the top of the stream bank -- by planting native trees and shrubs. o Size and topography of the site: The site is approximately 1 acre in area and fairly level. o Location of the site in respect to road access: The site is adjacent to an interior driveway at Kendal which provides access to North Triphammer Road. o Provisions for parking: 11 Six parking spaces are available along the interior Kendal driveway; these spaces in no way impact the riparian buffer and no provisions for parking are required for riparian buffer restoration by the Village’s Zoning Law. o Relationship of improvements and lot size to the parking area: The parking spaces are located approximately 250 feet from the buffer restoration area; access to the buffer is provided by a footpath and two footbridges. o Traffic and noise generated by the proposed use: The project is a riparian buffer restoration. Work will be accomplished via hand tools and landscaping machinery. Traffic and noise generated by the project are likely to be slight. o Landscaping: The project restores the riparian buffer by planting native trees and shrubs, such as those included in the NYS DEC’s buffer in a bag program, appropriate for a riparian area. All trees planted in the riparian buffer will be at least six feet in height. o Architectural features: No architectural features are involved. o Location and dimension of the improvements: The riparian buffer is located in the southwestern section of the Kendal at Ithaca parcel. The buffer restoration area is approximately 50 feet wide and 460 feet long. o Impact of the proposed use on adjacent land uses: Adjacent land uses are residences, parkland, meadow, and woodlands. The project is consistent with these land uses and its impact on them can be expected to be slight. o Impact of the proposed use on the environment: The project restores a riparian buffer impaired by logging operations associated with the removal of ash trees infested with the Emerald Ash Borer. Trees and shrubs utilized in the restoration are native, non-invasive species. The Planning Board categorized the project as an Unlisted Action under SEQRA, conducted a SEQRA review, and made a negative declaration of adverse environmental impact and found compliance with SEQRA. 12 o Impact of the proposed use on infrastructure and existing Village services, including sewer, water, stormwater management, solid waste disposal, fire protection, police protection, and road maintenance: The project does not connect to public potable water and public wastewater treatment facilities, and will not significantly impact other Village services. o Provisions made for reducing energy use or incorporating renewable energy systems into project design: The project does not make provisions for reducing energy use or incorporating renewable energy systems. o Effect on population density, if any: The project will have no impact on population density. o Any other factors reasonably related to the health, safety, and general welfare of Village residents and consistent with the Village's current Comprehensive Plan: The Village’s current Comprehensive Plan recommends protecting open spaces adjacent to Renwick Brook and restoring riparian buffers with native plant communities. This project is consistent with these recommendations and with the health, safety, and welfare of Village residents. • The Board discussed whether to approve, approve with conditions, or disapprove the site plan for the project based upon its findings in consideration of § 305-117.B of the Village’s Zoning Law. • M. McMurry stated concern about the survivability of any trees to be planted and Kendal’s commitment to replace them should any not survive. • T. Crossgrove replied that all trees to be planted will have a one year warranty. • E. Quaroni asked about the survivability of shrub seedlings that have been planted where grass already exists. • T. Crossgrove replied that some of the shrub seedlings have done very well; there are in addition 200 plants, trees and shrubs, in containers ready to be planted in the fall. • R. Segelken asked if there is an arborist consultant associated with the project. • T. Crossgrove replied that Jeanne Grace, Ithaca City Forester, has advised on tree selection and there had been input from someone associated with Cornell Botanic Gardens. 13 • M. McMurry stated that site plan review criteria do not include aesthetics; she is concerned that it will take a great deal of time before any trees planted will approach the size of the removed trees and that a one year guarantee for tree replacement is not sufficient. • M. Johnston stated that a landscape maintenance plan could provide a guarantee for tree replacement longer than one year. • J. Leijonhufvud asked if the 29 trees removed from the riparian buffer are being replaced by the 29 trees that have been ordered for fall delivery. • T. Crossgrove replied that all 29 trees will not be planted in the riparian buffer; the committee of Kendal residents responsible for designing the buffer restoration plan wanted the site to be more open than it had been before the tree cutting. • J. Leijonhufvud stated that the tree planting should recreate what was once there. • R. Segelken stated that a distinction should be made between the riparian buffer and the tree clear cutting affecting Village residents with homes along Hanshaw Road; it is important to respect the wishes of the Kendal residents committee regarding the plantings in the riparian buffer. • M. Johnston stated the proposed riparian buffer restoration is a viable plan; Kendal has made a good faith effort of respond to the concerns of its residents; in the best case scenario, the plantings as proposed will restore the riparian buffer. Motion: R. Segelken Second: E. Quaroni RESOLUTION No. 398 TO APPROVE THE PROPOSED PROJECT AT KENDAL AT ITHACA WITH CONDITIONS RESOLVED, that, based upon the findings made by the Planning Board in consideration of § 305-117.B of the Village’s Zoning Law, the proposed project at Kendal at Ithaca is hereby approved with the following condition: (1) The applicant will submit a property maintenance plan to the Code Enforcement Officer that will run with the land for a period of ten years from tree planting and guarantee the replacement of any trees that die or suffer damage during that period. Aye votes – Chair F. Cowett, J. Leijonhufvud, M. McMurry, E. Quaroni, R. Segelken Opposed – None • The Board discussed the possibility of wetlands associated with Renwick Brook on the Kendal at Ithaca site and whether to require a wetland delineation to determine if there is a wetland on site. 14 • Code Enforcement Officer B. Cross stated that there might be some benefit in conducting a wetland delineation in that the Board could then stop speculating as to whether a wetland exists; in his opinion, however, a wetland does not currently exist because any inundation is the product of high flows in Renwick Brook during storm events; those flows would subsequently subside and the period of inundation would be insufficient to qualify as a wetland. • Attorney R. Marcus stated that Kendal residents were concerned about the tree clearcutting and its impact on Renwick Brook; Village residents living along Hanshaw Road were concerned about the tree clearcutting and the loss of vegetative screening; neither concern has a lot to do with whether a wetland exists; Village residents on Hanshaw Road want the screening to be replaced at the soonest opportunity and do not want the same mistake to be made again; this doesn’t depend on a wetland delineation and he trusts that Kendal management has gotten the message. • J. Leijonhufvud questioned as to whether the wetland issue once raised needs to be resolved. • Chair F. Cowett suggested that the Board table any request for a wetland delineation pending receipt of additional information suggesting a wetland currently exists and/or existed prior to the clearcutting. • The Board agreed to table any request for a wetland delineation. Item 5 – Comprehensive Plan Discussion • Chair F. Cowett asked Board members if they wished to discuss the Comprehensive Plan or postpone that discussion until the Board’s next meeting in October. • The Board agreed to postpone the Comprehensive Plan discussion until its next meeting. Item 6 – New Business • Code Enforcement Officer B. Cross stated that there is no news to report regarding the RaNic golf club. • M. McMurry asked Attorney R. Marcus about the proposed local law being considered by the Village’s Board of Trustees concerning property maintenance. • Attorney R. Marcus replied that the proposed local law removes property maintenance from the Village’s Zoning Law; a stand-alone local law creates a more expedited regulatory process including penalties for non-compliance. • The next meeting of the Planning Board is scheduled for October 23, 2023. • J. Leijonhufvud stated that she will be unable to attend the meeting. Item 7 – Adjourn • Meeting adjourned at 9:09 pm.