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HomeMy WebLinkAboutPB Minutes 2018-07-17 TOWN OF tTHACA PLANNING BOARD Shirley A, Raffensperger Board Roorn, Town Hall 215 North Tina-a Street L� Ithaca, New York 14850 Tuesday,July 17, 22-Qj 8 &Q.E.N D.A. 7.00 P.M. SEQR Determination: Peter Straight 2-Lot Subdivision, Efi-nira Road. 7:00 P.M. PUBLIC HEARING� Consideration of Prelirninaryand Final Subdivision Approval for the Proposed 2-lot subdivision located between 721 and 817 Elmira Road (NYS Route 13), Town of Ithaca Tax Parcel No, 35.-1-12.4, Low Density Residential Zone. The proposal involves subdividing,the vacant 4.9 +/- acre parcel into at 3.5 +/-acre parcel (Parcel A) and a 1 A+/- acre,parcel (Parcel 13). Peter and Ann Marie Straight, Owners/Applicants. 7:15 P.M. SEQR Determination: Enfield Falls 4-Lot Subdivision, Enfield Falls Road. 7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision located on Enfield Falls Road,Town cat Ithaca Tax Parcel No. 34.442, Low Density Residential Zone. The proposal involves subdividing a 51.4+/- acre parcel into four parcels. The proposed parcels, would consist of as 46.2+/- acre parcel (Parcel A), a 1.6+/- acre parcel ('parcel 13), a 1.8 +/-acre parcel (Parcel Q and a 1!.7 +/-acre parcel (Parcel D), John F, Young Susan M. Barnett,Jaines R. Young and Julie R, Young, Owners/Applicants, 5, Persons to be heard 6. Approval Of Minutes: May 15, 2,018 7, Other Business S. ACtJOUrnment Susan Ritter Director of Planning 273-1747 NOTE. IF ANYMEMBER OF THE PLANNING BOARD IS UNABLETO ATTEND,PLEASE NOTIFY SANDY POLCE AT273-1747 or (A quorum of four(4)members is necessary to conduct Planning Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applicationsand associated Project araterialsare accessible electronically on the'rowns website under"Planning Board"on the"Meeting Agendas"page Qlga:gr in,, njflnjca,nv.us nive Lflg-.. TOWN OF 1THACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday,July 17,2018 By direction of the Chairperson of the Planning Board,NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, July 17, 2018, at 215 North Tioga Street,Ithaca,N.Y.,at the following times and on the following matters: 7:00 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located between 721 and 817 Elmira Road(NYS Route 13),Town of Ithaca Tax Parcel No.35.4-12.4,Low Density Residential Zone. The proposal involves subdividing the vacant 4.9+/-acre parcel into a 3.5+/-acre parcel(Parcel A)and a 1.4+/-acre parcel (Parcel B). Peter and Ann Marie Straight,Owners/Applicants. 7:15 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 4-Iot subdivision located on Enfield Falls Road,Town of Ithaca Tax Parcel No.34.-1-4.2,Low Density Residential Zone. The proposal involves subdividing a 51.4+/-acre parcel into four parcels. The proposed parcels would consist of a 46.2+/-acre parcel(Parcel A),a 1.6+1- acre parcel(Parcel B),a 1.8+/-acre parcel(Parcel C)and a 1.7+/-acre parcel(Parcel D). John F.Young,Susan M.Barnett,James R.Young and Julie R.Young,Owners/Applicants. Said Planning Board will at said time and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Susan Ritter Director of Planning 273-1747 Dated:Monday,July 9,2018 Publish:Wednesday,July 11,2018 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Sandra Polce, being duly sworn, depose and say that I arn. a Senior Typist for tile Town of Ithaca, Tompkins County, New York; that the following Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal, Notice of Public Hearings to be held by the Town of Ithaca Planning Board in the Town of Ithaca Town Hall, 215 North Tier a,Street, Ithaca, New York, oil Tuesday, July 17, 201.8 commencin-A 7:00 P.M. as Per attached., Location olSign Board used for Posting- Town Clerk Sign Board —215 North Tioga Street. Date of Posting: July 09, 2018 L� Date of Publication: July 11, 2018 Sandra Polce, Seniol-Typist Town of Ithaca STATE OF NEW YORK) SS. COUNTY OF TOMPKINS) Sworn to and subscribed before me this 11"' day of July 2018, Notary Public DEBORAH KELLEY Notary Public, state of New York No, OIKE6025073 Oua4�Med rn SQhUyer County Commiss�on Expres May 17, 20.LL /a, , �- ter,: aara w -T, � � 9; a Wrru xff1tvTtr - w ,�w 11 A. YO an w� M a r Sw S�wk �I�aafvir aa I rd will at s ( motiPO-so 4i plops hesir Orad ph i Jai * poit f soc r F TTonrs r �h� raar- �cr, � c��T�' ��"� carr M'�'�"� �pi�G=ter 1� �k� �r�• � ��a� au« aa � ;�401 acaa d4 � 1aaa u ' c� warm c � � rrxaca� a�l ���ru �� d�w� r" � roa;�aa Town of Ithaca Planning Board 215 North Tioga Street July 17, 2018 7:00 p.m. PLEASE SIGN-IN Please Print Clearly. Thank You Name Address SS Yo,-j,,Jc) 3cf �v�•vrr�r -J JF�cK yvv►,i14ia —r,-l�lny,„��.- fid• S4 202--7 C mss (dVr.'t' TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, July 17, 2018 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox (Chair), Linda Collins,John Beach,Yvonne Fogarty,Jon Bosak, Melissa Hill Town Staff Present: Susan Ritter; Director of Planning; Chris Balestra, Planner; Bruce Bates, Director of Code Enforcement; David O'Shea, Civil Engineer; Susan Brock, Attorney for the Town; Debra DeAugistine, Deputy Torn Clerk Call to Order Mr.Wilcox called the meeting to order at 7:02 p.m. OTHER BUSIINESS Mr.Wilcox asked Mr. Bates to report on Maplewood. Mr. Bates said that we're doing all the required inspections and no certificates of occupancy (COs) have been issued at this time. On the Mitchell Street side, the majority being done is interior work. As you go further across the site, they're working on different phases. Ms. Fogarty commented that she was able to drive through the site because the gate was open. Mr. Bates said they've had a problem with security. Regarding signage, he stated that it's not an official street sign.The signage that's there is for emergency use only so emergency services can identify the location. Mr. Bosak asked at what moment a street becomes a street. Mr. Bates said after the CO is issued;before we issue the CO,we have to make sure there's safe egress and access. Ms. Ritter added that this is a private road; if it were a public road, the town board would have to accept it. AGENDA ITEM SEQR Determination: Enfield Falls 4-Lot Subdivision, Enfield Falls Road Mr.Young gave a brief overview. He said they bought the 51-acre parcel in 2002, right next to Robert Treman State Park. It has fields they thought might make good farm land, and a couple different farmers leased it over the years,but they didn't like it because they didn't have very good yields.The owners came to the conclusion that they should sell off a few lots, and initially considered building private roads in the back and selling lots back there, but since it's next to the park, and they're looking to expand their borders, they put in a call to the state.The state indicated they were interest- Planning Board Minutes 07.17.2018 Page 2 of 12 ed in purchasing the land behind the three lots being subdivided in front along the road. There is sewer, gas, and electric on the road, and a water line that falls just short. Mr. Bosak asked staff what source they use to see if a parcel is in a floodplain. Ms. Balestra said she checks with Mr. Bates, who checks the floodplain maps; the information is also online through FEMA. Mr.Wilcox had questions about the three springs on the survey map, saying it appeared that two references to Note 3 were incorrect. Mr. Brock reasoned that the references were really meant for Note 2. Mr.Wilcox asked Mr.Young how far his discussions with the state parks have proceeded. Mr.Young responded that they have talked to the Albany office, who also likes the idea. The state has ordered an appraisal, which should be complete in about 30 days. Once they get that done,within 45 days, they'll make a report and send an offer. Mr. Bosak said he would feel more comfortable if we made this decision regardless of that potential sale. It looks perfectly fine without bringing that into consideration.As a general principle, how much weight do we give to something that may or may not happen? Our environmental people are assum- ing it's going to happen. He doesn't think it's necessary to assume that in order to approve this subdivision. Mr.Wilcox didn't think it was necessary either,but he thinks it has an impact on how we assess the environmental impacts.What if the sale doesn't go through and in a couple of years, they come back with a plan to subdivide the rest?That would be segmentation, which is not allowed in New York State. Mr. Bosak agreed, but said we usually give credit to someone who says they don't have those plans right now.This happens over and over where we could go down that road. If it's possible to process this application without relying on the sale, maybe that's a good idea. He doesn't want anything to be conditional on that. Ms. Collins disagreed, saying she feels more positive about this because of the negotiation with the state. She doesn't see it as irrelevant. She was recently involved in a similar kind of situation where the state wanted to buy some land that was being subdivided for making more trails, and they were told that it has to go through the state budget. It's not like there's a pool of money sitting there. She doesn't know whether that would affect the applicant's plan. She asked Mr.Young if that issue has been brought up by the state regarding his property. Mr.Young responded that from what he's heard, the state will definitely go through with it,whether they find the money in this year's budget or whether they have to wait until the next fiscal year. Originally, they said they'd need to wait until next fiscal year,but in his most recent communication with them, they said that they were trying to expedite it. Planning Board Minutes 07.17.2018 Page 3 of 12 Ms. Collins said it sounds like a win-win, but there's no guarantee. Ms. Fogarty was taken by how wooded the property is.Will it be hard to build on? Mr.Young said it would be no harder than any other wooded area. Mr.Wilcox commented that much of that would be part of the administrative act of applying for a building permit. Ms. Ritter said the fact that most of it is being proposed to be sold to the state parks is great.We had talked with the applicant before when it was going to be a more robust housing development on this land, so the fact that there are only three housing lots and one large parcel going to the state is great. PB Resolution No. 2018.021: SEQR, Preliminary and Final Subdivision Approval, Enfield Falls 4- Lot Subdivision, Enfield Falls Road, Tax Parcel No. 34.-14.2 Moved by Linda Collins; seconded by Fred Wilcox WHEREAS: 1. This action is Consideration of Preliminary and Final Subdivision approval for the proposed 4-lot subdivision located on Enfield Falls Road,Town of Ithaca Tax Parcel No. 34.4-4.2, Low Density Residential Zone. The proposal involves subdividing a 51.4+/-acre parcel into four parcels. The proposed parcels would consist of a 46.2+/-acre parcel(Parcel A), a 1.6+/-acre parcel(Parcel B), a 1.8+/-acre parcel(Parcel C) and a 1.7+/-acre parcel(Parcel D). John F.Young, Susan M. Barnett, James R.Young and Julie R.Young, Owners/Applicants; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as lead agency with respect to Subdivision Approval; 3. The Planning Board on July 17, 2018, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff, a survey map entitled "Survey Map, Showing Lands of John F.Young, Susan M. Barnett,James R.Young and Julie R.Young, Located on Enfield Falls Road,Town of Ithaca, Tompkins County, New York", prepared by T.G. Miller, P.C., dated 5/3/2018, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Planning Board Minutes 07.17.2018 Page 4 of 12 Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Hill AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision located on Enfield Falls Road, Torn of Ithaca Tax Parcel No. 34.4-4.2, Low Density Residential Zone. The proposal involves subdividing a 51.4 +/-acre parcel into four parcels. The proposed parcels would consist of a 46.2 +/- acre parcel(Parcel A), a 1.6 +/-acre parcel(Parcel B), a 1.8 +/-acre parcel(Parcel C) and a 1.7 +/-acre parcel(Parcel D). John F.Young, Susan M. Barnett, James R.Young and Julie R.Young, Owners/Applicants Mr.Wilcox opened the public hearing at 7:31 p.m. Mr.Wilcox said the proposal calls for using the "approximate center" of the creek as the boundary line for the new parcels. He's not in favor of using creeks as parcel boundaries. Fifty years from now, if there's a boundary dispute, the boundary will no longer be the creek, but the creek as it was today because creeks change their course. Mr. Bosak said it didn't strike him as a good idea, either, for the reason Mr.Wilcox pointed out, and that maybe they should take the exact location of the stream and set it with pins. Mr.Wilcox said they've given the metes and bounds for the lines between the points; using that would mitigate his issue. John Young, 410 Triphammer Road and one of the owners of the property, commented about using the stream as a boundary. If a stream moves gradually, the actual boundary of the property stays with the center line of the stream. If a stream moves suddenly, such as in a catastrophic or overnight change, the boundary remains where it was. He was a title attorney for 40 years. Ted Wayman, 232 Enfield Falls Road, said he lives directly across the street from the proposed development. He said the speed limit on Enfield Falls Road is 45 mph and you will see people go much faster. He wanted to find out whether they expecting to drill wells or get water from the town. Mr.Wilcox said it's not a subject the board will address because what's before the board is a subdivi- sion of land. If they apply for a building permit, it will be addressed then. Ben Russel, 216 Enfield Falls Road, said there were no drawings with the letter he received in the mail regarding the meeting. He wondered if all the building lots were on the road. He wanted to know the amount of grading that would be done along the road, such as whether it would be clear cut and a bunch of dirt pushed down the slope. Mr. Bates addressed what the building department looks at when someone applies for a building permit.The building code says there are certain requirements about slopes, such as where you put footers.The building code doesn't regulate how many trees can be cut or the grade; the building itself dictates what has to be done. Planning Board Minutes 07.17.2018 Page 5 of 12 Mr. O'Shea added that we have different stormwater permits for erosion and sediment control, but for clear cutting or tree removal,we don't have any requirements. For over an acre of disturbance, it's a state permit,but that's rare for a house. Mr. Russell asked what size home they're allowed to build based on the size of the lots in a low density residential zone. Mr. Bates responded that they can build a principal dwelling plus an accessory unit. Ms. Balestra added that there wouldn't be apartment complexes or condos or multiple units of any sort. In terms of size, they would have to meet the setback requirements in our code. Mr.Wilcox pointed out for the public that all the information the board is looking at is available on the town's web site. Mr.Wilcox closed the public hearing at 7:45 p.m. Ms. Brock addressed streams as boundaries: where the shift in the stream location is very gradual, the courts will hold that the property boundary runs with the stream. PB Resolution No. 2018-022: Preliminary and Final Subdivision Approval, Enfield Falls 4-Lot Subdivision, Enfield Falls Road, Tax Parcel No. 34.4-4.2 Moved by John Beach; seconded by Linda Collins WHEREAS: 1. This action is Consideration of Preliminary and Final Subdivision approval for the proposed 4-lot subdivision located on Enfield Falls Road,Town of Ithaca Tax Parcel No. 34.4-4.2, Low Density Residential Zone. The proposal involves subdividing a 51.4+/-acre parcel into four parcels. The proposed parcels would consist of a 46.2+/-acre parcel(Parcel A), a 1.6+/-acre parcel(Parcel B), a 1.8+/-acre parcel(Parcel C) and a 1.7+/-acre parcel(Parcel D). John F.Young, Susan M. Barnett, James R.Young and Julie R.Young, Owners/Applicants; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency with respect to Subdivision Approval, has on July 17, 2018, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff; and 3. The Planning Board, on July 17, 2018, has reviewed and accepted as adequate a survey map entitled "Survey Map, Showing Lands of John F.Young, Susan M. Barnett,James R.Young and Julie R.Young, Located on Enfield Falls Road, Town of Ithaca, Tompkins County, New York", prepared by T.G. Miller, P.C., dated 5/3/2018, and other application materials; NOW THEREFORE BE IT RESOLVED: Planning Board Minutes 07.17.2018 Page 6 of 12 1. That the Torn of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, hav- ing determined from the materials presented that such waiver will result in a significant alteration of neither the purpose of subdivision control nor the policies enunciated or implied by the Town Board; and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision located on Enfield Falls Road, as shorn on the survey map noted in Whereas #3 above, subject to the following conditions: a. Revision of the final subdivision plat to include: i. A note that states "the stream located along the south side of Parcels B, C, and D is subject to the provisions of the town's Stream Setback Law. Restrictions and setbacks on devel- opment, soil disturbance, vegetation removal and other activities apply. Permit applica- tions for projects within 150 feet of the stream setback area will be required to provide a delineation of setback zones", ii. Delineation and identification of the stream setback zones, as required by Torn Code §270-219.5.D(14), iii. Correction of the two Note 3 references relating to the farm lane and spring near the southeast corner of Parcel A so they refer to either an appropriate existing note or a new note; and b. Submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the revised final subdivision plat, prior to filing with the Tompkins Coun- ty Clerk Office, and submission of a copy of the receipt of filing to the Torn of Ithaca Plan- ning Department. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Hill AGENDA ITEM SEQR Determination: Peter Straight 2-Lot Subdivision, Elmira Road Mr. Straight said they're trying to maximize the value of their property.They've moved out of torn. They plan to sell the flag lot. He's looked at the parcels in different ways and thinks Parcel B is a viable building lot. Given all the setbacks, it limits where a house could be put,but it's set in a little hollow below the road surface. Mr.Wilcox said the biggest issue is the stream. How is it different from the Young property? Ms. Ritter explained that on Parcel B, there's a culvert that empties into the stream just south of the headwall, and it's quite gouged out. It's very steep and too dangerous to climb down.The interesting thing about the stream is that as you walk on the property and get onto Parcel A, the stream,which started out big and impressive with steep slopes, disappears into something that looks like a ditch. It goes from an impressively deep stream with lots of trees to a trickle. Planning Board Minutes 07.17.2018 Page 7 of 12 Mr. Straight said the whole stream comes out of the drainage pipe that comes under the road. It doesn't go underground.Where the water comes out of the drainage ditch, there's an impact where the water comes in, so it's a little more eroded. It is ankle deep at any length, until it gets to the marsh lands where it's mud. It's never an impressive stream. If this subdivision goes through, he'll put Parcel B and the flag lot up for sale. Once those sell, he'll do something else with Parcel A,but he doesn't know what that is yet.The Eddies would like to have access to their parcel in the back of Parcel A. The flag lot is grandfathered in as a buildable lot. Mr.Wilcox said that last year, we subdivided the house lot off the rest of the parcel.What was left is now being subdivided into two parcels. He said segmentation comes to mind. He's not concerned right now, but would be if someone came back and wanted to subdivide Parcel A. Ms. Balestra said staff evaluated the buildable area of Parcel A. She feels comfortable with this, and staff would not be comfortable with further subdivision of either Parcel A or Parcel B. PB Resolution No. 2018-023: SEQR, Preliminary and Final Subdivision Approval, Peter Straight 2-Lot Subdivision, Elmira Road, Tax Parcel No. 35.4-12.4 Moved by Yvonne Fogarty; seconded by Melissa Hill WHEREAS: 1. This action is Consideration of Preliminary and Final Subdivision Approval for the proposed 2- lot subdivision located between 721 and 817 Elmira Road (NYS Route 13), Town of Ithaca Tax Parcel No. 35.4-12.4, Low Density Residential Zone. The proposal involves subdividing the vacant 4.9 +/-acre parcel into a 3.5 +/-acre parcel(Parcel A) and a 1.4 +/-acre parcel(Parcel B). Peter and Ann Marie Straight, Owners/Applicants; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as lead agency with respect to Subdivision Approval; 3. The Planning Board on July 17, 2018, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff, a survey map entitled "Survey Map, No. 817 Elmira Road, Town of Ithaca, Tompkins County, New York", prepared by T.G. Miller, P.C., dated 5/30/2018, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced action as proposed, Planning Board Minutes 07.17.2018 Page 8 of 12 based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Hill AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located between 721 and 817 Elmira Road (NYS Route 13), Town of Ithaca Tax Parcel No. 35.4-12.4, Low Density Residential Zone. The proposal involves subdividing the vacant 4.9 +/- acre parcel into a 3.5 +/-acre parcel(Parcel A) and a 1.4 +/-acre parcel(Parcel B). Peter and Ann Marie Straight, Owners/Applicants Mr.Wilcox opened the public hearing at 8:10 p.m.; hearing no one, he closed the public hearing at 8:11. PB Resolution No. 2018.024: Preliminary and Final Subdivision Approval, Peter Straight 2-Lot Subdivision, Elmira Road, Tax Parcel No. 35.4-12.4 Moved by John Beach; seconded by Fred Wilcox WHEREAS: 1. This action is Consideration of Preliminary and Final Subdivision Approval for the proposed 2- lot subdivision located between 721 and 817 Elmira Road (NYS Route 13), Town of Ithaca Tax Parcel No. 35.4-12.4, Low Density Residential Zone. The proposal involves subdividing the vacant 4.9 +/-acre parcel into a 3.5 +/-acre parcel(Parcel A) and a 1.4 +/-acre parcel(Parcel B). Peter and Ann Marie Straight, Owners/Applicants; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency with respect to Subdivision Approval, has on July 17, 2018, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff; and 3. The Planning Board, on July 17, 2018, has reviewed and accepted as adequate a survey map entitled "Survey Map, No. 817 Elmira Road, Town of Ithaca, Tompkins County, New York", prepared by T.G. Miller, P.C., dated 5/30/2018, 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 Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, hav- ing determined from the materials presented that such waiver will result in a significant alteration of neither the purpose of subdivision control nor the policies enunciated or implied by the Town Board; and Planning Board Minutes 07.17.2018 Page 9 of 12 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision located on Elmira Road, as shown on the survey map noted in Whereas #3 above, subject to the following conditions: a. Revision of the final subdivision plat to include: i. The correct tax parcel number for the 4.9+/-acre property (35.4-12.4, not 35.4-12.2), ii. A note that states "the stream located on Parcels A& B is subject to the provisions of the town of Ithaca's Stream Setback Law. Restrictions and setbacks on development, soil dis- turbance,vegetation removal and other activities apply. Permit applications for projects within 150 feet of the stream setback area will be required to provide a delineation of set- back zones", iii. Delineation and identification of the stream setback zones, as required by Torn Code §270-219.5.D(14); and b. Submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the revised final subdivision plat, prior to filing with the Tompkins Coun- ty Clerk Office, and submission of a copy of the receipt of filing to the Torn of Ithaca Plan- ning Department. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosal, Hill AGENDA ITEM PB Resolution No. 2018-025: Minutes of May 15, 2018 Moved by Jon Bosak; seconded by John Beach RESOLVED, the Planning Board approves the minutes of May 15, 2018, as amended. Vote Ayes: Collins, Beach, Fogarty, Bosak, Hill Abstentions:Wilcox AGENDA ITEM Persons to be heard Joe Wilson said it was a pleasure to be there to witness a well-run planning board meeting. He introduced Kathy Russell, professor emeritus from Cortland, and said they were at the meeting to highlight concerns they think the planning board will be dealing with for the Cornell University North Campus Residential Expansion (NCRE). Planning Board Minutes 07.17.2018 Page 10 of 12 Ms. Russell, Snyder Hill Road, said she used to teach philosophy at SUNY Cortland.The Town of Ithaca has shorn its leadership with the Maplewood project. She's a member of the Coalition for Sustainable Economic Development. She's concerned about Cornell using natural gas from their power plant for this project.They're also not going to build to energy efficient standards. Over a year ago, they announced their plan to move to Net Zero and Platinum LEED standards for their buildings on Roosevelt Island at their tech campus.Why can't the North Campus dorms be built to these standards? She doesn't buy the argument that they have to build this fancy dorm because that's where the students will want to go. The students also want to go to a college that they can be proud of because it's moving away from carbon emissions and is energy efficient in terms of its buildings. Let's hold Cornell accountable for being a leader in energy efficient buildings. Mr.Wilcox had a minor quibble with Ms. Russell's statement that Cornell is "not going to build to energy efficient standards"; he would replace it with Cornell is "not planning to..." Nothing is set in stone yet. Mr.Wilson said he sent an email to Ms. Balestra that afternoon, and requested that planning board members read the email when they get it. In summary, he said he's been to a number of the public meetings with Cornell personnel, who have explained about their NCRE plan and how it correlates with their deep earth energy plan, which is 16 years out. He's also been a participant at a meeting where several activists have expressed concerns about NCRE, at the invitation of Rick Burgess, a vice president at Cornell,who is in charge of the project. Based on these meetings, he has a series of things he believes to be true. He believes that Cornell will come in with a voluminous FEAF for the board, and that the underlying implication will be: Trust us,we've thought it all through; let's get this done because we have deadlines to meet in order to put students on our North Campus. He request- ed that the planning board be their most diligent, rigorous selves like they were with the Maplewood project. He understands the board's role as an involved agency, but also understands they're empow- ered mpowered to comment through the process and reach their own conclusions. He's asking the board to insist that Cornell produce the energy and admissions data required under the DEC's guide; require them to review, cost out, specify, and then share publicly all the energy and emissions reductions that could be achieved by implementing the alternatives and mitigation measures that are in the DEC guide. He learned from the Maplewood process that while the activists anticipated that they would get the same data that EdR was using in making decisions and choosing alternatives and mitigation measures, it turned out they didn't.Why?They didn't ask for it. He requested that the board direct Cornell to share all material with the public. Finally, to the extent that the DEC guide does not cover these items, he asked the board to require the same review and sharing of data regarding the energy admissions and savings that could be achieved were Cornell to implement the energy and efficiency measures that are outlined in the Ithaca Green Building Policy Report. It's unfortunate that the report is not going to be codified in time to affect the building of NCRE. Cornell did have a meeting with the staff involved with the green building report, asking them whether there would be an exemption for Cornell. He pointed out that those buildings are going to exist for at least 50 years. Mr.Wilcox asked whether Mr.Wilson and Ms. Russell had been to the city with their concerns, and Mr.Wilson said they have. Mr. Bosak asked what authority the planning board would have to require these things. Planning Board Minutes 07.17.2018 Page 11 of 12 Ms. Brock said she's not sure we can. The lead agency makes the SEQR determination of significance, and involved agencies are bound to it.They typically run the whole process, and she doesn't know if there's any ability for the board to require that they do certain evaluations. She thinks the city will control the process. The board can make comments. Ms. Balestra said the city has been sensitive to the town's comments in regards to Chain Works, where they're the lead agency. Ms. Brock wanted to clarify that, while we talk as if the city is the lead agency and the town is an interested agency, that technically hasn't happened yet. Mr.Wilcox said it is our understanding that, given the majority of the project is within the city, they would declare themselves lead agency for the environmental review. Margaret McCasland, 202 Cypress Court, said she came to the area to be a geology major at Cornell. Later on, she worked at the Center for Environmental Research as a communications specialist, and then she became a grad student in the program on science, math and environmental education. She focused on drinking water issues during most of her career, then got into teaching general science to elementary students. In 2006, she realized that global warming was already happening when she visited her daughter in Australia for the second time. The first time, in 2004, they were in the middle of the longest drought in history and two years later, it was out of control. She affirmed everything that Joe Wilson said. He speaks for many activists who started opposing fracking ten years ago and who have stayed active to slow ecological damage locally, regionally, and globally from harms caused by the extraction and use of fossil fuels. Many of them have been working to reduce the need for energy from fossil fuels both by promoting energy efficiency and by supporting the buildout of more ecological sources of energy, primarily solar panels, locally, as well as a mix of renewables and storage regionally.Tompkins County, Cornell, and the city of town of Ithaca have been role models in their support of policies and practices that are essential for rapidly phasing out fossil fuels. However, good intentions are meaningless if they're not implemented.And that is what they're asking of the board: to do everything in their power to make sure Cornell lives up to its laudable promises of the recent past. Our future depends on it.Thanks to Cornell being part of the local community, we know better than most communities that methane, the true name of natural gas, is not a green bridge; that increasing the use of methane locally is a major step backwards. Precisely because methane is such a potent heat-trapping gas, we can make a huge difference in minimizing its use.Yes, methane produces less CO2 at the point of intentional combustion than coal does,but methane leaks at every stage of its extraction: from exploration through drilling, processing, compression, transmission, and then its final use. Recent studies have shorn those leaks to be worse than expected.While we need to minimize the release of all heat-trapping gases, cutting the use and thus the release of unburned methane in the near future can make a significant difference precisely because we would have avoided the release of a gas that traps 86 times more heat than CO2 - that's not 86 percent more: 86 times more equals 8600 percent more heat trapped.A local activist recently said that climate change is changing faster than we are.We need to step it up, not take steps backward. Climate change is already here in Tompkins County and worse locally than she expected to happen this soon. She says that as a science educator from a family of professional weather watchers. She's been focusing on global warming since 2006. She noted some current local impacts of warmer temperatures we've begun to see on both humans and ecosystems: substantial heat stress in humans, especially older people, including herself;below-normal dryness for our soil that reminds us of recent unprecedented Planning Board Minutes 07-17-2018 Page 12 of 12 droughts; and harmful algae blooms in the lake and their threat to drinking water.They appeared this year earlier in the season than Discover Cayuga Lake, the floating classroom, planned to begin testing for them. Even for those tracking it, 1t keeps blindsiding us. All of the factors she mentioned are multifactorial conditions, but generally warmer temperatures, such as we've gotten with global warming, are a thumb on the scale influencing other factors, such as the lesser ability of the very young and the very old to handle hotter weather. We are especially vulnerable to heat stress because we live in an area where we never used to need air conditioning in our buildings, let alone in our cars, and thus many of our buildings - our homes, our workplaces, our churches - do not have adequate cooling during periods of high heat.This is the new normal, but it is not a healthy normal: it is chronic stress on our bodies and our ecosystems.And this is just the early stages of the impacts of global climate destruction here in the Finger Lakes. It is already far worse in other places. She asked the board to, please, do what they can to put the well-intentioned policies of our town and those of our neighbors in the city of Ithaca and Cornell University into practice so we can start making our beautiful region a safe place for children and other living things. Adjournment Upon a motion by Melissa Hill, the meeting adjourned at 8:42 p.m. Respectfully submitted, Debra DeAugis eputy 5QIerk