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HomeMy WebLinkAboutPB Minutes 1998-02-03TOWN OF ITHACA PLANNING BOARD FEBRUARY 3, 1998 FUM IM TOWN ITHACA Cork_ The Town of Ithaca Planning Board met in regular session on Tuesdav, February 3, 1998. in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Fred Wilcox, Eva Hoffmann, Candace Cornell, James Ainslie, Robert Kenerson, Gregory Bell, Jonathan Kanter (Director of Planning), John Barney (Attorney for the Town), Daniel Walker (Director of Engineering). ALSO PRESENT: William Walker, John Yntema, Amy Nettleton, Lanny Joyce, Nancy Doney, Donald Stephenson, Shirley Egan, Larry Thayer. Chairperson Fred 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 January 26, 1998, and January 28. 1998 together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Ithaca, 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 January 28, 1998. (Affidavit of Posting and Publication is hereto attached as Exhibit #1.) 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: There were no persons present to be heard. Chairperson Wilcox closed this segment of the meeting. Board Member Candace Cornell stated that the Planning Board was supplied with a March /April 1997 of The National Wetlands Newsletter, which is a highly respected publication done by the Environmental Law Institute of Washington D.C.. For the next two %ears, these will be the Army Corp's regulations, and it is important for this Board to know about them. She highlighted two sections that are relevant on Page 13 and Page 14. The main thing is that people did not have to get a permit from the Army Corp if they were going to impact a wetland of one acre or less. From one acre to ten acres people were to inform the Army Corp. After ten acres people would need to go through a series of permit process. On Page 14 it describes the changes to Nationwide Permit No. 26. Now if projects effect a wetland of a third of an acre or less can be done without notifying the Army Corp, and if it is between a third to three acres they would need to inform the Army Corp of the disturbance. If there is three acres or more disturbed there needs to be a series of permits. They tried to compromise between the Builder's Associations and the Environmentalists, and it is an excellent change. There has been so many wetlands were being destroyed, especially sensitive ones, but small. There can be a three acre fenn that has the rarest plants in the world, and that would never be seen by the Army Corp in the past. The problem is that the Army Corp is understaffed and under budgeted, but since the Town does have a wetland policy she thought it would be appropriate that this Newsletter be attached to the wetland policy for developers to review and understand. It is not if the wetland is a third of an acre it is whether the accumulative effects of the project will effect a third of an acre of.the wetland. This will help wetland protection in the Country. There are small forest wetlands in the Town of Ithaca and ferns that will be protected. In the midwest they are called parried hole. There are tiny little wetlands, but they are crucial to bird life because they are on the flight path. This would take care of a lot of the wetlands that were being pushed aside. The Planning Board was supplied with a National Wetland Inventory Maps. The big change there is that they PLANNING BOARD MINUTES 2 FEBRUARY 3, 1998 APPROVED - MARCH 17, 1998 realized that forest wetlands do not show up on those maps. so the National Wetland Inventory Maps does not show them, which are the types that are seen on the South Hill. Board Member James Ainslie asked why this was only good for two years. Board Member Cornell stated that the nationwide permits are only issued on preliminary basis of time, and since this is a big change they wanted to see how this would effect everyone. This will effect builders and developers. Board Member Ainslie asked if the size of a wetland chancre if it is infringed upon. Board Member Cornell stated that wetlands change all the time with their dynamic ecosystems. If a wetland was delineated four times a year there would be slightly different changes each time. The soils could give a historical record. PUBLIC HEARING: CONSIDERATION OF RECOMMENDATION TO THE TOWN BOARD REGARDING A PROPOSED LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF NINETY (90) DAYS: Chairperson Wilcox duly opened the public hearing at 7:41 p.m., and read aloud from the Notice of Public Hearings. Board Member Cornell asked why is this for only 90 days. Attorney for the Town, John Barney stated that the Town should have legislation in place in 90 days. This was discussed at the Codes and Ordinances Committee, and they are examining the legislation for a submission to the Planning Board to the Town Board to regulate adult entertainment businesses. When the legislation was put before the Codes and Ordinances Committee there was a concern expressed that someone would come to the Town to try and establish a business before the legislation went through the normal review process. Under the constitution before the Town can enact legislation to regulate those types of businesses because they have the first amendment of free speech attributes to the activities. The Town needs to do a study to document why the Town needs to regulate them and on what basis. Director of Planning Kanter is undertaking to do the study, but he needs the time to do it and it may not be ready within the next three to four weeks to move this through rapidly. Attorney Barney stated that he drafted a proposed moratorium. Moratoriums are adopted according to public procedures are found valid if they are for limited periods of time for a reasonable purposes. Chairperson Wilcox asked if this is before the Planning Board because effects the Zoning Ordinance. Attorney Barney stated that it is not truly an amendment to the Zoning Ordinance, but it deals in a sense with zoning. To make sure the procedures are done properly a normal process will be done as respect to a zoning ordinance amendment. Board Member Cornell asked why is it not a straight zoning amendment. Attorney Barney stated that it does not really regulate, it actually prohibits a type of activity, and it does not prohibit it in the contexts of the Zoning Ordinance. It is a separate discrete piece of legislation. PLANNING BOARD MINUTES 3 APPROVED - MARCH 17, 1998 Board Member Ainslie asked if it could be prohibited eventually. FEBRUARY 3, 1998 Attorney Barney responded, no. That is why the Town needs to do the study to determine where in the Town of Ithaca it makes sense to have. If the Town was going to limit the activities somewhere in the Town of Ithaca where would it be appropriate to occur and what t}pe of regulations would be appropriate such as spacal requirements and location near schools or churches. The Planning Department will come up with a recommendation and that will be incorporated in the legislation. The Planning Board will review the information gathered within a few months. Board Member Cornell asked if it is because of free speech this cannot be outlawed. Attorney Barney responded, yes, because of the first amendment. Chairperson Wilcox asked if anyone from the public wished to be heard. No one spoke. Chairperson Wilcox closed the Public Hearing, and brought the matter back to the Board for further consideration. Chairperson Wilcox stated that he mentioned this at the Codes and Ordinances Committee because the Town does not allow adult businesses right now in the Town of Ithaca that there is a possibly through litigation that the Town could allow them anywhere. Attorney Barney stated that the situation in McLean evolved out of loose interpretation of restaurant. The Town does allow restaurants and allow other activities. Bars are not really defined because everyone knows it is sale of alcohol beverages, but there can be a bar that does not provide alcohol beverages and provides entertainment. It is defined from the proposed legislation, that adult entertainment is prohibited. The Town will not be prohibiting bars to have entertainment of having a band, but for the next 90 days the Town will be prohibiting these particular types of activities. The proposed legislation will incorporate much the same definitions so it is directed to a specific kind of activity and not to something that might just generically fit in another category. Director of Planning Kanter stated that this would not just relate to bar /restaurant types of setting, but to book stores or theaters. The study will entail collecting research materials from other communities that have done other studies. It will also entail direct communication with communities where this legislation is established to see what the secondary impacts would be. Chairperson Wilcox stated, for the record, that a SEQR has been prepared for the Town Board as lead agency. MOTION made by Eva Hoffmann, seconded by Candace Cornell: NOW, THEREFORE, BE IT RESOLVED: 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 adult entertainment businesses for a period of ninety (90) days; and b. The existing and probable future character of the Town will not be adversely affected; and PLANNING BOARD MINUTES 4 FEBRUARY 3, 1998 APPROVED - MARCH 17, 1998 C. The proposed local law is in accordance with a comprehensive plan of development of the Town, and will allow the Planning Department to conduct a study of the potential secondary effects of adult entertainment businesses within a reasonable period of time. BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed "Local Law Providing for a Moratorium for the Establishment of Adult Entertainment Businesses for a Period of Ninety (90) Days''. There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Cornell, Ainslie. Kenerson. Bell. NAYS - None. The MOTION was declared to be carried unanimously. (NOTE: The adopted resolution is hereto attached as Exhibit 42.) Chairperson Wilcox duly closed the recommendation to the Town Board on adult entertainment businesses in the Town of Ithaca at 7:50 p.m. AGENDA ITEM: CONTINUATION OF DISCUSSION REGARDING CORNELL UNIVERSITY'S PROPOSAL TO CONSTRUCT A CHILL_ED_ WATER PLANT AND A PROPOSED ROUTE FOR CHILLED WATER LINES IN CONJUNCTION WITH THE LAKE SOURCE COOLING PROJECT. ACTIONS BEFORE THE PLANNING BOARD INCLUDE THE REFERRAL FROM THE TOWN BOARD REQUESTING A RECOMMENDATION FROM THE PLANNING BOARD REGARDING THE PROPOSED REZONING OF THE SITE OF THE PROPOSED CHILLED WATER PLANT AS WELL AS SITE PLAN APPROVAL AND SUBDIVISION APPROVAL FOR THE PROJECT, LOCATED AT 983 EAST SHORE DRIVE ON A 312 +/- ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO, 19 -1 -5, BUSINESS DISTRICT "E ", AND ADDITIONAL LANDS WITHIN THE TOWN OF ITHACA AFFECTED BY THE PIPELINE ROUTE, CORNELL UNIVERSITY OWNER/APPLICANT; W.S. (LANNY) JOYCE, P.E., AGENT: Chairperson Wilcox duly opened the above mentioned matter at 7:51 p.m., and read aloud from the Agenda. Lanny Joyce stated that at the last Planning Board meeting there were a number of items and brought a number of Cornell University staff members for any questions of the site plan. Tonight the discussion will be on the rezoning that goes along with the site plan approval application, and in addition the subdivision application before the Board. Mr. Joyce stated that Shirley Egan is present for any questions of any specific wording for the rezoning of the method that was presented to the Board. Arny Nettleton is also present for further information on the pipeline route in the Town of Ithaca, and specifically talk about the tree removal and replanting on the school district property along with the sidewalk work that would be installed as part of the project along the pipeline route. These are the main issues that will be addressed tonight. PLANNING BOARD MINUTES 5 FEBRUARY 3, 1998 APPROVED - MARCH 17, 1998 Mr. Joyce stated that as with the site plan approval application Cornell University has spent a lot of time with Town Staff to put together the right proposal for this particular property to allow the use of a chilled water plant. The current zoning of the property does not allow this use. and there has a number of meetings with Director of Plannina Kanter and Attornev Barney to discuss what the right thing to do. In the Draft Environmental Impact Statement (DEIS) and the Environmental Impact Statement (EIS) Cornell University presented a Special Land Use District (SLUD) to be created for the chilled water plant site which is approximately three acres. At the last Planning Board meeting he talked about how much total property is involved that is owned by Cornell University. Mr. Joyce pointed out an enlarged map where the current zoning and what the proposed zoning is for the property on East Shore Drive for the Lake Source Cooling Project site. Mr. Joyce stated that there were three main parcels being discussed at the last Planning Board meeting. Two of the parcels were located on the east side of Route 34, and the northerly parcel goes from the northern boundary of the John Lowery property to the northern boundary of the property to the road. That particular parcel is the largest of all the parcels, which is approximately 13 acres (Town of Ithaca Tax Map No. 19 -1 -5). Also on the same side of the road there is small parcel that is south of the Lowery property and is between the Lowery property and the Cayuga Heights Wastewater Treatment Plant. The small parcel is less than an acre and is locked between to other land owners. In addition, there is a very tiny sliver of property that is between the Route 13 New York Department of Transportation ( NYSDOT) property and the Lowery property which belongs to the larger parcel on the east side of the road. The third parcel is the marina piece, which approximately five acres located on the west side of Route 34. This includes the marina and shoreline to the north of the marina, and shoreline to the south of the marina down to the next property owner. There is no useable space along the shoreline that could be used for any future activities. The Conrail property goes almost to the lake and Cornell University owns the lake edge. Mr. Joyce stated that the chilled water plant would be located in the middle of the large parcel on the east side of East Shore Drive. Currently the majority of the property is zoned Business "E" in the Town of Ithaca, and there is a line on the zoning map that cuts across Town of Ithaca Tax Parcel No. 19 -1 -5. To the north of that line it is currently zoned Multiple Residence (MR). Mr. Joyce stated that he has highlighted in blue on the enlarged map where the proposed boundaries of the SLUD would be, which would be approximately three acres of property taken off the east side of the road. He made the northern boundary equal to the zoning boundary of the MR and Business District "E ". The highlighted area extends from the south side of Renwick Brook following along the NYSDOT boundary on the eastern border to the zoning line on the north side. The SLUD would be designated specifically for the chilled water plant and support activities for the purpose of cooling Cornell University. Mr. Joyce stated that Cornell University delivered proposed wording for the SLUD to the Town for their review. Director of Planning Kanter stated that the Planning Board was supplied with a copy of the SLUD language. Chairperson Wilcox asked if Cornell University would be consolidating the lots on the eastern side of East Shore Drive. Mr. Joyce responded, yes. The small parcel that is between the Cayuga Heights Wastewater Treatment Plant and Lowery properties, and give some of that to them for an exchange for an easement across the east boundary of both of their other existing properties. Cornell University would be running the pipeline route under the east boundary of the Lowery property and to the Cayuga Heights property to the south. Cornell University needs a permanent easement to cross the east boundary. In consideration for easement across the eastern edge of Lowery's property and also to continue south onto Cayuga Heights property, Cornell University wants to give a small strip on the eastern boundary to Lowery. Cornell University also wants to give him half PLANNING BOARD MINUTES 6 FEBRUARY 3, 1998 APPROVED - MARCH 17. 1998 of the property of the parcel between his and Cayuga Heights property, and that would be part of the consideration for having a permanent easement across his eastern boundary. In order to give Lowery these pieces of the parcel there needs to be some subdivision of Cornell University's parcels. The small piece of property that would be given to Cayuga Heights provides them with additional buffer on their northern boundary for their total property. This also would need to go through subdivision approval. Cornell University would be adding three new parcels where there are three parcels now ending with six parcels in total. Mr. Joyce stated that these pieces should not be left as permanent parcels in the Town of Ithaca, so the pieces that Lowery receives would be consolidated into his total property as well as the piece that Cayuga Heights receives would be consolidated into their total property. Board Member Cornell asked what is the current use of Lowery's property. Mr. Joyce stated that Lowery is part of the Business District -`E ", and he runs a general contracting company. There was discussions with the Town Engineer about having an 80 foot wide easement for the lake water piping across the street by the north point of the marina parcel. Cornell University would be maintaining an 80 foot wide easement for the lake water piping directly across the street from the chilled water plant facility. The SLUD would be for the east side of the road only. Mr. Joyce stated that two thirds of the pipeline route in the Town of Ithaca is on NYSDOT property, and another big piece is on the school district property. Cornell University has been working very closely with those entities. One concern with the Town of Ithaca was how Cornell University was going incorporate the constructions of sidewalks being added. One of the main concern was by the high school parking up to Rosemary Lane on the southerly piece on Lake Street in front of Deeb's Station. The second piece starts in the school district property in the middle of Boynton Middle School where the path currently ends to the parking lot north. Cornell University would be installing sidewalk from the middle of Boynton to the Cayuga Street Extension north of the entrance to Boynton School. That piece is on school district property. From Cayuga Street Extension to the Chamber of Commerce the pipeline route would be installed on NYSDOT property. The proposed method of construction for those would be concrete on Lake Street with a curb and curb cuts at the entrances to the driveways of residences there. The asphalt would match the existing paths that are currently there to the parking lot, and from the parking lot across Cayuga Street Extension would all be concrete again. NYSDOT has approved the construction method in concept, but they have not approved the drawings that they are currently reviewing. There has been a number of meetings with the Town and with the City because they were interested in what was happening. JoAnn Cornish from the City of Ithaca was pleased to see that Cornell University was including curb and curb cuts to go around the sidewalk on the Lake Street curb. Sidewalk details were worked out with various entities during a number of meetings. The Town of Ithaca also has an agreement with the School District to maintain the piece of sidewalk that runs around the curve to the Chamber of Commerce conceptually. The NYSDOT wanted to make sure that was in place before Cornell University gave them drawings to review because they do not maintain sidewalks. The sidewalks need to be built to their standards and approved by them, but NYSDOT will no maintain the sidewalks. Chairperson Wilcox asked if Cornell Universitv has talked to the land owners next to Deeb's Service Station about the issues of where the road right -of -way and the installation of sidewalks. Mr. Joyce responded, yes, they are very happy with the plan. Amy Netteton, Nettleton Landscapes, stated that she would briefly talk about the pipeline route from the heat exchange facility to the school district. Discussions before addressed how the pipeline would come out the back of the chilled water plant and run across Lowery's property. Moving to the south the pipeline crosses along the east edge of the Cayuga Heights Wastewater Treatment Plant. There would be some PLANNING BOARD MINUTES 7 FEBRUARY 3, 1998 APPROVED - MARCH 17, 1998 disturbance of existing plantings, and those plants would be replaced. Further to the south the Village has a composting area, and the pipeline would cross the eastern boundary of that. Cornell would be providing some screen plantings of a mixture of pines from Route 13. From that area the pipeline continues on NYSDOT property. NYSDOT does not want tree plantings, so that would be reseeded back. The area where the pipeline would be running through a natural area would be reseeded back. The pipeline would be crossing behind some of the houses that front on East Shore Drive. It will still be NYSDOT property. It would only come back onto private property if the pipeline comes down and crosses East Shore Drive across from the Chamber of Commerce. Cornell University is working with those property owners to provide some plantings for screening of existing vegetation. Ms. Nettleton stated that the pipelines would be running across the Chamber of Commerce property where a few trees that would be removed. and there would be some plantings replaced. After the pipeline route leaves the Chamber of Commerce property it would run along East Shore Drive where no existing vegetation would be disturbed. It is only when the pipeline enters the School District property where serious vegetation removal and planting begins. Cornell University has worked closely with the property owners to come up with plans they are happy with. Meetings with the School District on the vegetation that would be removed, and to try to come up with plantings they would be happy with. The School District has specific requirements as to what they want. The School District wants some very large trees removed, and does not want them replaced with large or shady trees either. There will approximately 12 trees removed behind Boynton Middle School on the upper part of the slope. The School Districts finds them a constant maintenance headache so they want to avoid that in the future. Board Member Ainslie asked what is the depth of the soil over rock where the pipeline route would be going from the Chamber of Commerce to the School District. Mr. Joyce stated that from the Chamber of Commerce in there is approximately 500 feet of soil over rock on the west side of East Shore Drive. On the east side of East Shore Drive it could be as shallow as two feet, but that is where the rock shale is dropping right off fast. By the time the pipeline reaches the Chamber of Commerce property there would be hundreds of feet of gravel over rock. Board Member Ainslie asked if on the other side they would be in the rock. Mr. Joyce stated that they would be into some rock going along the other side of the road. Ms. Nettleton stated that there would be a certain amount of filling happening where the pipeline would be installed to create a more even grading. Ms. Nettleton pointed out on some enlarged maps where the pipeline route would be located along the School District. She pointed out where the sidewalks would be located behind Boynton Middle School towards Deeb's Service Station to the City of Ithaca/Town of Ithaca boundary. Ms. Nettleton stated that currently there is a foot path used behind the Boynton Middle School that the children use a lot. Cornell University would be installing a sidewalk above the School's drainage channel. The slope will be covered with shrubby ground covers to stabilize it and as the ground cover become establish there would be a less maintenance problem for the school. By the road there are a couple clusters of shrubs behind the guard rail. Board Member Cornell asked how long would Cornell University maintain the new plantings for. Ms. Nettleton stated that overall all the plantings will be maintained for a year. That will be included in the contracts, and extended maintenance agreements on the ground cover plantings. Since the pipeline goes behind Boynton and would run directly under the existing walkway so the walkway will be replaced. The tree PLANNING BOARD MINUTES 8 APPROVED - MARCH 17, 1998 FEBRUARY 3, 1998 vegetation between East Shore Drive and the drainage channel will remain in that area. There is no opportunity for planting there. Attorney Barney asked if the pipeline would be on the west side of the drainage channel. Ms. Nettleton responded, yes. The pipeline would be located right under the walkway. Board Member Cornell asked if Cornell university has a plan for rerouting the children during the construction of the new walkway. Mr. Joyce stated that during the summertime this would be done in that area when school is not in session, but there will be a detour path. Ms. Nettleton stated that the pipeline would continue under the walkway to the existing trees along East Shore Drive to the open lawn area on the upper side of the drainage tank. In that area there will be grouping of crabapple trees and ground cover underneath them. The sidewalk continues around Deeb's Service Station along East Shore Drive. There is a large sycamore tree that needs to be removed, and will be replaced by crabapple trees. There will be crabapple trees planted by the athletic fields. Deeb's Service Station will get a shade tree. Vegetation beyond that will remain as is, so Cornell University will not be planning any vegetation in that area just the sidewalk. Chairperson Wilcox asked where does the existing concrete sidewalk in the front of the high school ends. Ms. Nettleton stated that the concrete sidewalk ends just pass the drive of the City line that goes into a little parking lot there. The concrete walkway picks up on the other side of the parking lot. Chairperson Wilcox asked if there would be curb cuts in front of Deeb's Service Station. Ms. Nettleton responded, yes. Board Member Hoffmann asked if the sidewalk would be continue from the City through the Town to the Chamber of Commerce. Ms. Nettleton responded, yes. Board Member Hoffmann stated that there were some areas that were not marked the same way such as under the Route 13 overpass. She wanted to make sure that the side walk continues under that. Mr. Joyce stated that when the sidewalk goes under the overpass there is a guide rail that will be moved to the east closer to the road to provide room for the full width of the sidewalk. Cornell University will be installing a new guide rail and sidewalk under the overpass. Board Member Bell asked if the asphalt sidewalks would be on grade or would they be on curb such as the concrete sidewalks are. Mr. Joyce stated that the asphalt sidewalk would only be up to the middle of Boynton School parking lot. On the other side of the parking lot it would be concrete to Cayuga Street Extension. The asphalt would not be curbed and not near the road, that would be flushed with the existing ground surface slightly raised. The PLANNING BOARD MINUTES 9 FEBRUARY 3, 1998 APPROVED - MARCH 17, 1998 concrete would be flushed with the existing because they would be doing the road crossings and going along the edge of East Shore Drive under the overpass. There is no curbing there now and it would not make sense to add it under the overpass because it would be protected behind the guide rail for safety reasons. NYSDOT requires five feet from the road and sidewalk. In that particular case there will be a grass strip between the curb and the sidewalk that would be five feet. The plan for the sidewalk under the overpass was done with consultation with the NYSDOT. It is not actually on the road edge where normally the road edge would be. Chairperson Wilcox stated that the Planning Board has heard for the past few months that the Ithaca School District does not want the trees replaced that will be removed as a result of the pipeline on their property. Chairperson Wilcox asked Attorney Barney if the Planning Board has any pull to possibly have the School District accept the trees that are of like size and caliper as lone as they are not interfering on the right - of -way of the chilled water pipeline. He would like to replace the trees there now with something that is equivalent. Attorney Barney stated that as part of the Planning Board's site plan approval the Board could deal with the approval as they want in terms of landscaping, legally, but politically it does not make sense that the Town of Ithaca to interject to much on what the Ithaca School District does. He is not sure that the Planning Board could make the School District do what they want against the School Districts wishes. Director of Engineering Walker stated that if the Board does not review this under site plan review then the Town needs to file for a fill permit for the pipeline of the materials being removed or relocated. Chairperson Wilcox stated that the School District has a responsibility to the public. Board Member Ainslie asked Chairperson Wilcox why he does not want the trees to be cut down. Chairperson Wilcox stated that if the trees need to be cut down because that would be the best place to locate the pipeline that would be fine. but he wants a number of trees replanted in that area that would amount to a equivalent canopy. The School District is saying that they do not want any large trees there because it is their property and the trees are a headache. Board Member Ainslie stated that trees do not stay in a particular situation or height as they grow or get older. Attorney Barney asked if the maintenance result of the species or is the maintenance a result of the age. Mr. Joyce responded, both. Board Member Hoffmann stated that she understood it that the School District did not want any trees to be planted that would grow taller than 15 feet eventually. That would leave a certain selection of trees that would not get any bigger than that. It was also mentioned that the School District did not want any shade trees. Ms. Nettleton stated that the School District does not want an_v trees that difficult to maintain in the future. Board Member Hoffmann asked why would the trees need to be maintained because there are power lines there. PLANNING BOARD MINUTES 10 FEBRUARY 3, 1998 APPROVED - MARCH 17, 1998 Mr. Joyce stated that is a big part of the grouping that is being discussed because they are intertwined with NYSEG's overhead wires. Board Member Hoffmann stated that most trees in natural state they do not need much maintenance. Board Member Bell asked where are the overhead lines located on the map. Mr. Joyce pointed out on an enlarged map where the overhead power lines are located on the western edge. Board Member Bell asked if there are places that are underneath the overhead power lines where larger trees could be planted. Mr. Joyce stated that some of those trees are on NYSDOT property, and they do not want trees planted back there because it would be pain for them as well as a vehicle hazard for branches hanging in the road. Both owners are saving that they do not want large trees planted in that particular area. In general, the School District has very specific planting that they do for the rest of their property, which is included in their School District Master Plan. They have a significant amount of landscaping included that Master Plan. Director of Planning Kanter asked vIs. Nettleton to explain what type of trees are being proposed for the pipeline route on the School District's property. Ms. Nettleton stated that there is spring/snow crabapple trees that are sterile so it does not bear fruit. The School District does not want trees with berries because children tend to take the berries off the tree and use them as ammunition. The gray dogwood trees that have berries will be away from the buildings and the walkways. There will be Japanese lilacs planted also. Board Member Hoffmann asked if these trees are all native ones. Ms. Nettleton stated that the tree lilac is not native, but the others are. Board Member Bell stated that he agrees with Chairperson Wilcox's concerns. He finds it disturbing that these attitudes pervade the School District's decision making process where maintenance is a problem Part of the street currently is nice right now because of the tree canopies on both sides. It is an interesting nice assembly, and to open it up to being a few little shrubs next to the field is lowering the quality of the space. He sees this happening more and more decision making menus across commercial areas and shopping malls. It changes the nature of what people traditionally expect of quality open environments. Board Member Ainslie stated that it would be better to have smaller trees because when they fall they will go down within themselves. Board Member Bell stated that the plantings do not have to right on the road. There is a bit of width of this project where the trees could be set back from the road. Attorney Barney stated that there is a steep slope and that could part of the trouble why it is difficult to do the maintenance of the trees. The Boynton IvIlddle School building is close to those trees. PLANNING BOARD MINUTES 1 I FEBRUARY 3, 1998 APPROVED - MARCH 17, 1998 Mr. Joyce stated that they have reviewed the property carefully to avoid taking as many trees out. They decided to take the trees closest to the road out instead of cutting between two trees. Cornell University will be doing a 50 foot width that the pipeline route would be going through. Board Member Ainslie stated that an inventory of the trees in the area should be made to see if those trees actually need to be removed due to aging or maintenance. Mr. Joyce stated that an inventory was done in the DEIS. Attorney Barney stated that there is a fairly open view to the edge of the school building, and then there is a large canopy of trees. There is not a lot of distance between the road and building to maintain the trees that are currently existing, so the School District would want to avoid the trees that are being removed. The Town should gather more information on why the School District does not want to replace the trees with the types that are existing right now. Chairperson Wilcox asked Ms. Nettleton if she has written materials from the School District outlining what they want and why they want it in terms of plantings. Ms. Nettleton stated that she only has her notes from meetings with the School District. Chairperson Wilcox stated that more information needs to be gathered. Board Member Bell asked, on the two big trickling filters. Mr. Joyce stated that Cornell pipeline route and the filtering tanks. pipes. The footers for those tank go footers. drawing TN16BL01, how close would University will be moving the sanitary There will be approximately ten feet be into the around fairly deep. There is the proposed pipeline route be to line from Route 13 between the �tween the walls of the tanks and no concern of undermining the Board Member Bell asked, on drawing TN 18BLO1, would the pipeline route be partly above ground and partly below ground. Mr. Joyce responded, yes. Between the far left of the drawing and the center of the drawing shows where the pipeline would come out of the ground and go back into the ground across an 80 foot stretch. Board Member Bell asked how high above ground would the pipeline be. Mr. Joyce stated that the pipeline would not be far above ground. The pipeline would be going over an existing storm water out fall from Route 13. The pipeline would be well hidden from view below by all the vegetation that is down hill from that point. Board Member Bell asked if the storm water outfall is just a pipe. Mr. Joyce responded, yes. It would be draining the waters from Route 13's shoulders. There is a number of those crossings along the hill side. Board Member Hoffmann asked if the pipeline would be above ground between these two hills. PLANNING BOARD MINUTES 12 APPROVED - MARCH 17, 1998 Mr. Joyce responded, yes. This would be just south of the Lowery property. FEBRUARY 3, 1998 Board Member Hoffmann asked if there is vegetation to both the east and the west of the pipeline. Mr. Joyce stated that people would never see the pipeline because people would being driving around the curve. People would need to cross the guide rails to see the pipeline. People who live on the hill side would not see the pipeline either. Attorney Barney asked what color would the pipeline be in that area. Mr. Joyce stated that the pipeline would be covered in a PVC jacket of beige. When there is not green in the area the pipe would look like dead grass and brush. In the summer time when the leaves are all out the pipeline would not seen. Board Member Kenerson asked if the pipeline would be insulated. Mr. Joyce stated that for this particular area, yes. When the pipeline is above ground it would be insulated. The pipe is a steel with plastic coating that is bonded directly to the pipe for corrosion protection then there will be a thin layer of insulation with the PVC jacket on the outside. Attorney Barney asked if the flow of water would avoid the issue of the water freezing in the pipes. Mr. Joyce responded, yes. There will be a lot of flows through the pipes so freezing would not be a concern. Attorney Barney asked if there is a problem and the system needed to be shut down, would the water in the pipes freeze. Mr. Joyce stated that would not be a problem because it would take weeks for the water to freeze. There could be a small flow of water passing through the pipes would be enough to keep the water from freezing in the pipes. Most domestic water lines are insulated in a similar way, and they do not freeze in the wintertime either. There are a few water lines in the Town of Ithaca that are above ground where the water does not freeze. Director of Planning Kanter stated that the Planning Board's next step will be to approve the Town's Statement of Findings for environmental review, and public hearings will be set up for public comments. Chairperson Wilcox duly closed the discussion regarding Cornell University Lake Source Cooling Project at 9:05 p.m. AGENDA ITEM: PRESENTATION OF TOWN OF ITHACA PLANNING DEPARTMENT ANNUAL REPORT FOR 1997 JONATHAN KANTER DIRECTOR OF PLANNING• Director of Planning Kanter stated that the Planning Board was supplied with a copy of the 1997 Annual Report for the Town of Ithaca Planning Department. The Report shows a summary of what the Planning Board and the Planning Staff has done through out the year with development review activities. This amounts for a substantial amount of the report, and it is a substantial amount of staff time involved. The report provides a brief summary and all the details about the actions that carne before the Board throughout the year. There were only a few residential lots that were subdivided or created last year, which largely reflects the PLANNING BOARD MINUTES 13 FEBRUARY 3, 1998 APPROVED - MARCH 17, 1998 depressed market value. There are a number of already subdivided in the past that are on the market now. A lot of the subdivisions that came before the Planning Board had to deal with actual permit of preservation of Open Space, such as the Lick Brook property. This amounted to a fairly a desent amount of open space that went along with the Adopted Park. Recreation, and Open Space Plan. There was a substantial amount of construction and review of the Ithaca College Campus construction this past year. The most significant accomplishment this past year was the adoption of the Park. Recreation, and Open Space Plan.. which was a combination of two to two and a half years of hard work. The Town Board actually adopted the Open Space Plan in December. Now the Planning Staff will be doing work on implementation aspects of the Open Space Plan. The Planning Board had a brief discussion on the Annual Report. and what would be coming forth to the Plannina Board in the following months. AGENDA ITEM: APPROVAL OF MINUTES - DECEMBER 16,1997: MOTION made by James Ainslie, seconded by Robert Kenerson: RESOLVED, that the Minutes of the December 16, 1997, Meeting of the Town of Ithaca Planning Board be and hereby are approved as written with corrections. After a brief discussion of the December 16th minutes, it was decided that corrections and modifications will be supplied to the transciptionist for revisions. There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Bell, Kenerson, Ainslie. NAYS - None. ABSTAIN - Hoffmann. ABSENT - Cornell. The MOTION was carried. AGENDA ITEM: OTHER BUSINESS: Chairperson Wilcox introduced Larry Thaver as a new member of the Planning Board. AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the February 3, 1998, Meeting of the Town of Ithaca Planning Board duly adjourned at 9:28 p.m. Prepared by: Deborah Kelley, Keyboard Specialist /Minutes Recorder Mary Bryant, Administrative Secretary for the Town of Ithaca Planning Board. TOWN OF ITHACA PLANNING BOARD 126 East Seneca Street Ithaca, New York 14850 Tuesday. February 3. 1998 AGENDA 7:30 P.M. Persons to be heard. 7:35 P.M. PUBLIC HEARING: Consideration of a Recommendation to the Town Board regarding a proposed Local Law Providing For a Moratorium for the Establishment of Adult Entertainment Businesses for a Period of Ninety (90) Days. 7:50 P.M. Continuation of discussion regarding Cornell University's proposal to construct a chilled water plant and a proposed route for chilled water lines in conjunction with the Lake Source Cooling Project. Actions before the Planning Board include the referral from the Town Board requesting a recommendation from the Planning Board regarding the proposed rezoning of the site of the proposed chilled water plant, as well as site plan approval and subdivision approval for the project, located at 98' ) East Shore Drive on a 3.12 +/- acre portion of Town of Ithaca Tax Parcel No. 19 -1 -5, Business District "E ", and additional lands within the Town of Ithaca affected by the pipeline route. Cornell University, Owner /Applicant; W.S. (Lanny) Joyce, P.E., Agent. 4. Presentation of Town of Ithaca Planning Department Annual Report for 1997, Jonathan Kanter, Director of Planning 5. Approval of Minutes: December 16, 1997 (in packet) January 6, 1998 (in packet) 6. Other Business. 7. Adjournment. Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY vIARY BRYANT AT 273 -1747. (A quorum of four (4) members is necessary to conduct Planning Board business.) The Ithaca Journal Wednesday, January 28. 1998 1, TOWN OF ITHACA PLAN- NING BOARD NOTICE OF PUBLIC HEARING . Tuesday, February 3, 1998 B direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that a Public Hearing wiii be neld by the Planning Board of the Town of Ithaca on Tuesday, February 3, 1998, at 126 East Seneca Street, Ithaca, N.Y., at the following time and on the foilowing matter- 7:35 P.M. Consider ation of a Recommendation to the Town Board regarding a pro- posed Local Law Providing tor a Moratorium for the Establishment of Adult Enter. tainment Businesses for a Pe- riod of Ninety (90) Days. Said Planning gBcard will at said time and said place hear all persons in support of such matter or objections thereto. Persons may appear by agent or in person. Individuals with visual impair. ments, 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. Jonathan Kanter, AICP Director of Planning January 28, 1998273 -1747 TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARING Tuesday, February 3, 1998 By direction of the Chairperson of the Planning Board, NOTICE IS GIVEN that a Public Hearing will be held by the Planning Board Town of Ithaca on Tuesday, February 3, 1998, at 126 East Seneca Ithaca, N.Y., at the following time and on the following matter: 7:35 P.M. Consideration of a Recommendation to the Town Board a proposed Local Law Providing For a Moratorium Establishment of Adult Entertainment Businesses for of Ninety (90) Days. Said Planning Board will support of such matter agent or in person. impairments or other spe necessary, upon request. request not less than 48 HEREBY of the Street, regarding for the a Period at said time and said place hear all persons in or objections thereto. Persons may appear by Individuals with visual impairments, hearing cial needs, will be provided with assistance as Persons desiring assistance must make such a hours prior to the time of the public hearing. Jonathan Director 273 -1747 Dated: Monday, January 26, 1998 Publish: Wednesday, January 28, 1998 Kanter, AICP of Planning TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Karen McGuire sworn, depose and say that I am a Secretary for the 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 Hearinzs to be held by the Town of Ithaca Planning Board in Town of Ithaca Town Hall. 126 East Seneca Street, Ithaca. New York. on Tuesday February 3 1998 commencing 7:30 P.M.. as per attached Location of Sign Board used for Posting: Bulletin Board. Front Entrance of Town Hall. Date of Posting: Date of Publication: January 26. 1998 January 28. 1998 L4 n Karen McGuire, Secretary Town of Ithaca. STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) Sworn to and subscribed before me thisZth day of Tc rk�,(it- 1998. Public, opium We WWA {VII Notary Public, State of New York Registration #01SA5044003 Qualified in Tioga Cou y My Commission Expires — .a,), rr ADOPTED RESOLUTION: Proposed Local Law Providing For a Moratorium For the Establishment of Adult Entertainment Businesses for a Period of Ninetv (90) Days Recommendation to the Town Board Planning Board, February 3,1998 MOTION by Eva Hoffmann, seconded by Candace Cornell: WHEREAS: 1. The Town Board has proposed a "Local Law Providing for a Moratorium for the Establishment of Adult Entertainment Businesses for a Period of Ninety (90) Days," and 2. Said proposed local law would establish interim regulations prohibiting the establishment of adult entertainment businesses for a period of ninety (90) days from the date of enactment of the local law in order to provide a reasonable period of time for the Town of Ithaca Planning Department to conduct a study regarding the potential secondary effects of such uses on the surrounding community, and to provide a reasonable period of time for the Town Board to draft and consider 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 February 3, 1998, has reviewed the above - referenced local law, and a Short Environmental Assessment Form, Parts I and II, prepared by the Town planning staff for the Town Board, which will act as Lead Agency in the environmental review of the proposed 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 adult entertainment businesses for a period of ninety (90) days, and b. The existing and probable future character of the Town will not be adversely affected; and C. The proposed local law is in accordance with a comprehensive plan of development of the Town, and will allow the Planning Department to conduct a study of the potential secondary effects of adult entertainment businesses within a reasonable period of time; and BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed "Local Law Providing for a Moratorium for the Establishment of Adult Entertainment Businesses for a Period of Ninety (90) Days ". AYES - Wilcox, Hoffmann, Cornell, Kenerson, Ainslie, Bell. NAYS- None. The MOTION was declared to be carried unanimously. C Karen McGuire, Secretary, Town of Ithaca. 2 Bry #it, Adminis )fative Secretary.