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HomeMy WebLinkAboutPB Minutes 1999-04-06TOWN OF ITHACA PLANNING BOARD APRIL 6, 1999 FILED TOWN OF ITHACA Date Cleric The Town of Ithaca Planning Board met in regular session on Tuesday, April 2, 1999, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; Robert Kenerson, Board Member; Jim Ainslie, Board Member; Tracy Mitrano, Board Member; Larry Thayer, Board Member; Jonathan Kanter, Director of Planning (8:45 p.m.); John Barney, Attorney for the Town; Daniel Walker, Director of Engineering (9:45 p.m.); George Frantz, Assistant Town Planner. ALSO PRESENT: Dave Herrick, T.G. Miller; Joel Harlan, Town of Dryden; Jeffrey Wilde, Unknown Address; Lauren Bishop, Ithaca Journal; Ryan Wilcox, 109 Juniper Drive; Frank Santelli, T.G. Miller; Tom Salm, Ithaca College; Liz Walker, Eco Village; Sandra Maunella, Eco Village; K. Minniy, Eco Village & Longhouse; Sigrid Kurkomtz, Eco Village; Virginia Metcalf, Eco Village; Martha Armstrong, 766 Elm Street Extension; Lois Levitan, 766 Elm Street Extension; Monty Berman, Eco Village; James Bosjohe, 207 Linn Street; Catherine Creeger, 207 Linn Street; David Rutherford, 108 Valley View; Stephen Keast, Slaterville Springs; Faith 0. Chase, 106 Comfort Road; Gordon Rowland, 1166 Ellis Hollow Road; Stevens Robertson, 1655 Ellis Hollow Road; Stan Seltzer, 228 Forest Home Drive; Nancy J. Winemiller, 148 Pearsall Place; Oskar Schmidt, 8 Genung Circle; Robin Schmidt, 8 Genung Circle; Larry Wallace, 1139 Ellis Hollow Road; Joel Savishinsky, 222 Bryant Avenue; Susan Savishinsky, 222 Bryant Avenue; Daniel Lane, 46 Cornell Street; David Bouldin, 208 Forest Home Drive; Gerald Wolfe, 474 Snyder Hill Road; Beverly Livesay, 147 Snyder Hill Road; Maryanne Nouton /Nick Nicastro, 378 Snyder Hill Road; Karen Herzog, 107 Pine Tree Road; Robert O'Brien, HOLT & C Architects; Karen Westmont, 206 Forest Home; Kathryn Wolf, Trowbridge & Wolf; Kristin McCartney, 75 Hunt Hill Road; Joan Bokaer, Eco Village; Michael Culitta, Eco Village; Jim Loomis, Ithaca College; Gregg Bell, 113 Penny Lane; Katherine Barnes, 353 Snyder Hill Road; Betsy & Jeremy Gamble, 220 Tareyton Drive; Bruce Lane, 3 Hunters Lane; John Murray, 95 Brown Road; Doug Cleano, Brown Road; Mary Squyres, 383 Hurd Road; Elizabeth Harness, 870 WHCU News Radio; Frank & Blythe Baldwin, 149 Pine Tree Road; R.B. Fischer, 135 Pine Tree Road; Robin Seeley, 332 Hurd Road; Bill Seldin, 120 Northeast Road; Larry Turchin, Traffic Solutions; Bob Rowe, Rowe Restaurants Inc., Martha Robertson, 1655 Ellis Hollow Road; Charles Geisler, 517 Ellis Hollow Road; Lucia Armstrong, 121 Honness Lane; Ruth Mahr, 103 Judd Falls Road; Susan Shefter, 145 Pine Tree Road; Ed Franquemount, 108 McIntyre Place; Muriel Brink, 206 Tudor Road; Diana Yee, 206 Tudor Road; Coert Bonthius, 207 Cobb Street; Cindy Kramer, 207 Bryant Avenue; Carol Rosen, 246 Valley Road; Bryan Pease, PO Box 365; Ed Rogers, 611 Mitchell Street. Chairperson Wilcox declared the meeting duly opened at 7:34 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 March 29, 1999, and March 31, 1999, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on April 2, 1999. (Affidavit of Posting and Publication is hereto attached as Exhibit #1.) l PLANNING BOARD PAGE 2 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Emom Chairperson Wilcox opened this segment members of the public wished to be heard, of the meeting at 7:35 p.m., and asked if any Karen Westmont, Forest Home, stated she is speaking about the North Campus Plan. She has several concerns. One is that Cornell University is closing one of its internal roads and opening it onto a road in the Town that currently does not receive the type of traffic that will be generated. The discussion with the City Planning Board was that Cornell University is externalizing its traffic problem from Cornell University to residential streets. Cornell University should not be allowed to externalize its traffic problems. They are closing roads so that the new student housing is not conflicting with cars. It is a problem, but the neighbors around Cornell University should not have to bear the brunt of it. They are opening a parking lot that will be used by employees in the day, and by students at night. The other problem is moving the Moore House, The Planning Board stood up for the Moore House and demanded it not be demolished. Ms. Westmont stated she would prefer to see the house stay on site. The house does not need to be moved. The playing fields can be arranged around the house. This house is of one of the first settlers in Ithaca. The new dorm being built is one of the first buildings to go on -line with Lake Source Cooling for air conditioning. Chairperson Wilcox stated the board asked Cornell University to come in and give a brief presentation. Chairperson Wilcox closed this segment of the meeting at 7:39 p.m., with no other persons present to be heard. PUBLIC SCOPING SESSION: Consideration of Draft Scope outline for EcoVillage at Ithaca - Special Land Use District and Second Neighborhood Group regarding the scope and content f a Generic Environmental Impact Statement (GEIS) for a proposed Special Land Use District (SLUD) amendment to be applied to the overall EcoVillage property, and the proposed development of a Second Neighborhood Group consisting of 30 t dwelling units and a common house, located off of Mecklenburg Road at Rachel Carson Way (a private drive), on Town of Ithaca Tax Parcel No's. 28 -1 -26.2 and 28 =1 -26.8, consisting of a total of 174.29 t acres. EcoVillage at Ithaca, Owner /Applicant; Rod Lambert, Agent. Chairperson Wilcox opened this segment members of the public wished to be heard. of the meeting at 7:39 p.m., and asked if any Martha Armstrong, 766 Elm Street Extension, stated presented a sketch of the Eco Village Site for the board. She stated she understands that there are trade -offs in accommodating the PLANNING BOARD PAGE 3 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MA Y 18, 1999 - APPROVED - APPROVED - APPROVED growth in the Town of Ithaca. Ms. Ar be done with lower impact than the intended to be. During the GIS there fully assess the impacts. There development of mitigation measures housing development. mstrong explained that she believes the Eco Village project can proposed Site Plan. It can be a model development as it is should be a more delineation of the concepts in the proposal to should be consideration of lower impact alternatives, and to address the significant impacts that do come from a 150 unit The Comprehensive Plan calls for clustering for efficient use of land. In her opinion the donut of buffer land around the large development in the center has very limited benefits as open space. Ms. Armstrong presented a site plan sketch with detail. Building a focused development in the the middle of open space has many of the same negative impacts of typical sprawl. The Comprehensive Plan calls for retaining park and /or open space. The land that is protected by the Agricultural Easement is not really a park. The easement is awkwardly placed on the site. It cuts up the site for other development patterns. It is not really a park with future plans an educational center. It certainly is not protected as a natural area. Ms. Armstrong stated it does not provide the aesthetic and spiritual qualities available in an alternate which she would suggest as preserving the west field and the other adjacent natural open space. The Comprehensive Plan calls for minimizing adverse environmental impacts and it proposes that it is better to develop a lower impact alternative rather than mitigating a higher impact. Efficient use for public infrastructure is described in the Comprehensive Plan as focusing major developments where adequate public infrastructure exists. Building in the middle of the site requires significant extension of infrastructure at a large private cost. It is also at the end of a water service main that is stressed. Ms. Armstrong stated the Comprehensive Plan calls for protecting unique natural areas. The 25 acre property to the west of the Eco Village site is owned by Cornell University and provides public access and protection to the Coy Glenn Unique Natural Area. Ms. Armstrong showed the area to the board from a map. Pedestrian traffic on the site has increased since the development of the First Residents Group. As more Eco Village housing is developed, it can be expected that the number of hikers and pets in this area will increase. It is likely to be true if SONG and other neighborhoods are built close to the Unique Natural Area boundary and if Eco Village development destroys the similar tranquil natural areas on their own site. It is wonderful for people to walk and enjoy nature. She feels Eco Village has the responsibility to provide land like this on their own land. The only part of Eco Village that has some of the same characteristics of the Coy Glenn Natural Area is the west field and west woods. This is the area that SONG is proposed to be built. The character of this open space will be radically changed. On the other hand if this area is preserved as open space, it will provide some on site space for the enjoyment of nature. She encourages the board members to walk the site so they have a sense of the terrain. SONG will be 20 feet higher in elevation from FROG. It will be very visible. Ms. Armstrong stated her biggest concern is the fragmentation of open space. This development sets a precedent of other large parcels. The adjacent YMCA site is under consideration by the Town for special zoning of agricultural areas. The YMCA site is not an agricultural area and it will be susceptible to the same sort of thing. The First Residents Group has already fragmented 3/4 of the 170 acre parcel. It slices through a huge area. She noticed Eco Village visually as she was PLANNING BOARD PAGE 4 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED walking at Cornell. There is one remaining spot on the site that is relatively unaffected by the first residents development and that is the west fields and west woods area. The west field is adjacent to the semi - preserved open space preserved by Cornell University and land next to Longhouse cooperative. It is intended to remain as open space, conservation. If SONG builds in the proposed location, they will benefit from the Longhouse and Cornell open spaces. The noise and visual impacts need to be addressed by the first residents group. There are large groups that gather at the pond and there is a concentration of noise. It will increase if SONG is intending to share the pond. Alternatives should be considered to keep future development within the areas intended. These plans need to show detail. Ms. Armstrong stated she understands they are in the concept level, but it can be done to show detail. SONG shows one parking space per unit. FROG is currently overflowing with cars. The education center needs to have more detail in order for it to be considered. What type of impact will it have? How much traffic will it generate? What is the size? Will it be a tourist attraction? Is it a school? These questions need to be answered. The village center generates the same type of questions. There is not enough detail for either. The impact cannot be assessed. Foot traffic needs to be addressed. Options need to be explored to mitigate it. Longhouse is getting many Eco Village residents and visitors wandering through the property. Something needs to be done to mitigate the problem. With more residents and an education center that attracts visits it maybe an increased issue. Lower Elm Street and Coy Glenn Road need to be listed to the intersections in the traffic analysis. A park and ride lot should be considered to mitigate traffic increases on Hector Street. The speed limits on Route 79 and West Haven Road should be lowered to calm the larger traffic flow and to provide safer access onto the site. There are a lot people trying to make turns onto Mecklenburg Road. Should a market study be done? There are other sites that have been looked at on West Hill and market studies were done. It will detail if there is a need for this development. Eco Village of Ithaca is a non - for - profit. It receives public benefits in the way of tax breaks and some public benefit should be seen in return. Preservation of open space that is public accessible is a public benefit. Ms. Armstrong asked why the Lake Side Development was included in the packet. Eco Village is trying to infer what will happen if Eco Village was not there. The Lake Side Development was proposed in 1990, but was never approved by the Town. Town Planning Department provided an alternate sketch as soon as it arrived. It included smaller lots that covered about half the site. There are other ways to do this project. Ms. Armstrong presented sketches to the board of her view on how the Eco Village site could look. Lois Levitan, 766 Elm Street Extension, stated her main area of concern is the location of the second neighborhood. She was at the previous meeting when it was decided that this would be a Generic Environmental Impact Statement for the entire site. She was also at the Planning Board meeting many years ago when the same request was made by the Planning Board and it did not happen. Ms. Levitan stated she feels many people have great regret about it. Members of the community are concerned about Eco Village and Eco Village residents are concerned themselves. There is a significant history. She was concerned about the media coverage referring to the PLANNING BOARD PAGE 5 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED Environmental Impact Statement as being an Impact Statement for just SONG. It is important to understand the significance of this development and the Generic Environmental Impact Statement. With the proposed 150 units and two people per unit, population of the Town. This is about a 2% increase in the about the precedent that was set by the development of Environmental Impact Statement should include a Social and demand for SONG has not manifest itself. What will be the Ic in the Town for which the demand has not shown itself? it is an size of FROG Market ng term addition of 300 people to the the Town. She is concerned closer to Elm Street. The Study. She is concerned the impact on extra housing units The fragmented development limits ecological developments. Eco Village implies that there will be significant ecological benefits from this kind of development rather than another kind. Ms. Levitan stated she is an ecologist and she reads widely in this literature. Their knowledge of these issues has increased. The publicity around the name Eco Village implies more ecological benefit than is derived from the fragmentation. Ms. Levitan stated Longhouse is being treated as an annex to Eco Village. When she is on the open space behind her house, many people from Eco Village assume she is from Eco Village. They walk through their backyards and their driveways. Her privacy has been changed. She has concerns about the educational and village centers as being tourist attractions. Michael Collata, Future SONG Resident, stated he has been involved with the Second Neighborhood for less than a year. They are doing their best to be good neighbors. They have had meetings with the neighbors on their development and understand that there are issues that exist. Our neighborhood has done its best to hear the concerns of neighbors and respond in a neighborly way. They want to be good neighbors. With no other person present to be heard, Chairperson Wilcox closed the public hearing at 8:12 p.m. Chairperson Wilcox stated he is overwhelmed with the presentations. Given the amount of information the board has been presented, Chairperson Wilcox stated he would like to table this for further consideration. Board Member Thayer asked if the Planning Board would be able to do a walk through as a group. Chairperson Wilcox stated they will have the Planning Staff contact Eco Village to arrange a time. George Frantz, Assistant Town Planner, stated he wanted to confirm what Ms. Armstrong stated about Lake Side Development. It was rejected at the sketch plan process by the Town. The Town Planning Board told them to do a cluster subdivision. It keeps appearing in the Eco Village presentations. It was never a viable presentation. PLANNING BOARD PAGE 6 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MA Y 18, 1999 - APPROVED - APPROVED - APPROVED MOTION made by Fred Wilcox, seconded by Larry Thayer to table the Scoping Session of Eco Village. AYES: Wilcox, Hoffmann, Conneman, Kenerson, Ainslie, Mitrano, Thayer. NAYS: NONE. The MOTION was declared to be carried unanimously. AGENDA ITEM: Presentation and update by Cornell University regarding the proposed North Campus Residential Initiative to consist of the construction of new dormitory buildings and a new dining facility with associated vehicular drives, landscaping and walkways, and the relocation of parking, recreational fields and courts, and a residents, located in both the City of Ithaca and Town of Ithaca off of Pleasant Grove and Jessup Roads. Cornell University, Owner /Applicant; Kathryn Wolf, Trowbridge and Wolf, Landscape Architects, Agent. Chairperson Wilcox opened this segment of the meeting at 8:14 p.m. Kathryn Wolf, Trowbridge and Wolf, stated they would like to summarize where they are in the SEQR process and provide an update on site plan. There have been modifications to the site plan in response to concerns of the public and people within the University. The City of Ithaca is the lead agent and they adopted a final scope for the project in November of 1998. Since that time they had a meeting with the neighborhoods. A second meeting with the neighborhoods will be held Wednesday, April 14. In addition, they met with residents of Forest Home and Bill Went who is the Director of Transportation at Cornell with the purpose of understanding what their ideas are for circulation schemes. They looked at many of their suggestions and ideas and have been incorporated within the Draft Environmental Impact Statement. On April 19, the City of Ithaca will be having a working session to evaluate the accuracy of the Draft Environmental Impact Statement. As the lead agent the City needs to determine if the Draft Environmental Impact Statement addresses what the scoping document says it should address. Hopefully, a determination of adequacy will occur on April 23. If it is determined to be adequate at that point in time, then a public comment period will begin. The existing buildings are shown in dark brown. The new buildings are shown in light brown. There will be three new buildings constructed as part of this project. The first is the Court Residence Hall. The second is the News Residence Hall. Currently there are 3200 residents on North Campus. The construction of the new residence halls will increase the population by about 500 persons. In addition to the two residence halls, the third building will be the Community Commons. The Community Commons is a dining facility as well as a community center. It is similar in function to the Robert Percell Community Center, Ms. Wolf explained there are three recreation fields on the site currently. Those facilities are currently in the location of the proposed buildings. The recreation fields will be relocated over to the eastern portion of the site which was where the Pleasant Grove Apartments were located. Three recreational fields, four tennis courts, two basketball courts, and one volleyball court will be in this location. There is some indoor recreation facilities as part of the Community Commons Building. To accommodate the recreational fields requires the relocation of the Moore House. PLANNING BOARD PAGE 7 APRIL 6, 1999 APPROVED -APPROVED -APPROVED - MAY 18, 1999 -APPROVED -APPROVED -APPROVED In terms of site circulation, the biggest change is that the decision has been made to retain South Balsh Drive as it is with the drop off at Balsh Hall and retain the parking lot on the west side of Helen Newman Hall. The parking area on the north side of Helen Newman Hall will be removed and will be relocated to the east side of the Community Commons. There will be 120 spaces east of the Community Commons. The access from Thurston Avenue will function as it does now. Cars entering the new lot will access from Pleasant Grove Road. There are two access drives along Pleasant Grove Road. One serves the Fuertes Observatory and the other services the parking area to Pleasant Grove Apartments. Both intersections will be eliminated. They have unsafe site distances. One new intersection will be constructed and it will be across from the entrance to Hasbrook Apartments. Cars will be required to exit on Pleasant Grove Road. Buses and emergency vehicles will be allowed to turn onto South Balsh Drive and continue through the site to Hasbrook. One of the results will be that the traffic will be reduced. Bus service to the site will be increased from the current service levels. Buses will stop every 10 minutes during peak times. The hope is it will be designed to be transit, bicyclist, pedestrian friendly. It encourages students not to bring their cars. Student who do bring their cars will be required to park in the CC Lot. Although the population is increasing by 500, there will be no net increase of students bringing cars to the site. Freshmen, historically, bring cars to campus in lower numbers. Upper classmen who bring cars to campus will be moved off North Campus. The number of cars will not be increased. They did look at trying to accomplish the recreational fields program while preserving the Moore House on site. It does not work. A number of alternatives were looked at and it is well documented in the Draft Environmental Impact Statement. Chairperson Wilcox asked Ms. Wolf to show the boundary line between the City of Ithaca and the Town of Ithaca. Ms. Wolf stated the boundary line falls between the buildings and the playing fields. None of the buildings will be in the Town of Ithaca. Board Member Hoffmann asked if she has more detailed information about the Moore House. Ms. Wolf stated Cornell University is continuing to try and identify someone who would be willing to take the house. The hope is it would be preserved as a single family residence. No one has been secured to take the house. Board Member Conneman asked what the problem is with incorporating it into the site. Ms. Wolf stated the primary difficulty is that the large recreational fields require a large flat terrace. It is a grading issue. The Moore House sits at a higher elevation. There is an approximately 50 foot drop across the site. A terrace is created for the first recreation field. Then there is a sloping bank to terrace down to the second recreational field. Since the large flat areas are needed it is not possible to preserve the Moore House with practical solutions. There is a scheme that does work and is shown in the Draft Environmental Impact Statement. There is a 14 foot high retaining wall. The field and parking are shifted. The field is right up against the parking and there is a 14 foot high retaining wall between the field and the parking. It is not practical to have an active recreational area PLANNING BOARD PAGE 8 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - ,APPROVED with that type of droppage. They were able to preserve some of the large trees around the Moore House. Chairperson Wilcox stated there are at least three copies of the Draft Environmental Impact Statement in the Planning Department for review. Board Member Mitrano asked if there is any guarantee that the Moore House will preserved. Ms. Wolf responded Cornell University wants to find someone to take the house. They have approached Historic Ithaca and they have indicated that they will work with the University to find someone to take the house. If it were impossible to find someone, as a last resort it will be demolished. They hope that will not have to happen. Board Member Mitrano stated there are no guarantees that the Moore House will not be demolished. Ms. Wolf replied there are no guarantees. Board Member Mitrano stated Ms. Westmont indicated that there would be roads closed and additional traffic through Forest Home. Ms. Wolf stated the one piece of roadway is currently Sisson Place. In the new scenario, Sisson Place will not be a through street. A new throughway is being created for buses and emergency vehicles. Mr. Frantz stated the concern is not the elimination of the section of the road, but the construction of the 120 car parking lot which will be accessed from Pleasant Grove Road, Board Member Hoffmann asked if they have considered other areas for the recreational fields. The area to the northwest is open. Ms. Wolf stated the golf course is in that area. Board Member Hoffmann stated an athletic field could be built into the corner of the golf course. Ms. Wolf stated in the existing conditions the recreational fields are heavily used. The close proximity to the residence homes is important. The equipment that is used for the fields, the scheduling, programming and supervisors are located in Helen Newman Hall. They need to be in close proximity with that building also. The other issue is that there are programs where all three fields are used at once. The intention is to have three fields in close proximity. The fields are used as a unit. Board Member Hoffmann stated consideration needs to be given to locating one of the fields in this location and saving the Moore House. PLANNING BOARD PAGE 9 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED Mr. Frantz stated a possibility to save the Moore House it to sacrifice the basketball courts at the north end of the project and relocate Moore House in that location. Chairperson Wilcox closed this segment of the meeting at 8:39 p.m. Chairperson Wilcox stated there has been an ongoing issue behind the scenes with Burger King having to do with rather the action before the board was an unlisted action or a Type II action according to SEQR. SEQR regulations as adopted September 20, 1995 and effective January 1, 1996 stated the following: "A Type II action is an action or class of action identified in subsection C of this section are not subject to review under this part. These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law. Included in Type II are the following; construction or expansion of a primary or accessory /appertment non - residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or use variance and is consistent with local land use controls, but radio communication or microwave transmission facilities." Chairperson Wilcox stated New York State was sued over that clause and it was over turned. It was appealed and over turned again. As of Monday, April 5, 1999, the board's best information was that it was still being litigated in the State of New York. The advice from the New York State Department of Environmental Conservation to the Town Staff was that it be treated as an unlisted action. At roughly noon, Tuesday, April 6, 1999, the Town found out that the New York State Court of Appeals, the highest court in the State of New York declined to hear the latest appeal. Therefore, this is now a Type II Action. It is not subject to SEQR. "As early as possible an agency's formulation of an action it proposes to undertake, or as soon as an agency receives an application for funding, or approval of an action it must to the following; determine whether the action is subject to SEQR. If the action is a Type II action the agency has no further responsibilities under this part. " Chairperson Wilcox stated the Town's own Site Plan review laws and regulations do allow the Planning Board to look at both on site and off site affects of the proposed development. Therefore they may have lost the review of this proposal under SEQR, they have not lost the review of the proposal. The ability to review impacts have not been lost. The work that has been done by the applicant, the public. Chairperson Wilcox stated he received 36 letters (See Attachments #1 -36) from the public. He does not know when a public hearing for Site Plan review where these issues can be reviewed. Members of the Planning Board and the public are hearing this for the first time. Chairperson Wilcox stated at the December 1st meeting of this board, comments were formally received from the public which lead to some of the materials that have been prepared by the applicant. In recent days, a new issue has been identified which is the potential archeological significance of the site. This board would like to give the applicant some guidance with regard to that this evening. If there are any members of the public who would like to address the board with regard to potential archeological history behind the site, and ask that they remain. This was not advertised PLANNING BOARD PAGE 10 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED as a public hearing for a Site Plan Review. It was advertised as a public hearing for SEQR Review. Legally, the Town has to readvertise the public hearing for Site Plan Review, Karen Westmont stated that a use variance would require SEQR review. She suggests the Town pass an ordinance that bans drive through restaurants. Other towns have put a temporary moratorium on these types of developments. Chairperson Wilcox asked the members of the public who have comments to make about the possible archeological survey to remain. He apologized to the public for the short notice of the canceled public hearing. AGENDA ITEM: SEQR Determination, Ithaca College Addition to Roy H. Park School of Communications, Danby Road. Chairperson Wilcox opened this segment of the meeting at 8:54 p.m. Attorney Barney stated the same decision that ruled the review of the 4,000 accessory or primary structure as being a Type II action also affected the second section following it. It talked about routine activities of educational institutions which includes the expansion of existing facilities by less than 10,000 square feet. This covers what Ithaca College is proposing. The SEQR Determination for Ithaca College does not need to be reviewed. Chairperson Wilcox closed this segment of the meeting at 8:55 p.m. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and a recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a one story, 1,820 t square foot addition to the Roy H. Park School of Communications building on the Ithaca College campus. Said addition will be located on the northwest corner of the building, and will be used for the storage of audio /visual equipment and supplies. Town of Ithaca Tax Parcel No. 41 =1 -30.2, R -15 Residents District. Ithaca College, Owner /Applicant; T.G. Miller Engineers and Surveyors, and HOL.T & C Architects, Agents. Chairperson Wilcox opened the public hearing at 8:55 p.m. Robert O'Brien, HOLT Architects, stated this is a small addition to the Park School of Communications. There is no impact on any existing area or structure. It takes an existing area in the building that stores audio /visual equipment and expands it. It allows the existing storage area to be used as an assembly area. It is a single story addition and will be the same material as the existing building. It will be partially below grade. It is designed so that two additional stories can be added in the future. Board Member Hoffmann asked if they were to expand, would it exceed 10,000 square feet. Mr. O'Brien responded no. PLANNING BOARD PAGE 11 - APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MA Y 18, 1999 - APPROVED - APPROVED - APPROVED Board Member Mitrano asked if it would make more sense for Ithaca College to build the two stories now. Mr. O'Brien stated there is not the programmatic need for it. There could be a need for it in the future. Chairperson Wilcox stated there is a letter from Frank Sentelli stating the current storm water management facilities on campus will handle the addition. There is also a letter from the Tompkins County Planning Department indicating there are no deleterious impacts. Chairperson Wilcox asked if any members of the public wished to be heard. With no person present to be heard, Chairperson Wilcox closed the public hearing at 8:59 p.m. MOTION by James Ainslie, seconded by George Conneman: WHEREAS: i. This action is Consideration of Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a one story, 1,820 + /- square foot addition to the Roy H. Park School of Communications building located on the Ithaca College campus. Said addition will be located on the northwest corner of the building; and will be used for the storage of audio /visual equipment. Town of Ithaca Tax Parcel No. 41 -1 -302, R -15 Residence District. Ithaca College, OwnerlApplicant; T.G. Miller Engineers and Surveyors and HOLT & C Architects, Agents. 2. This is a Type ll Action pursuant to 6 NYCRR Part 6175, and therefore is not subject to environmental review pursuant to the N.Y.S. Environmental Quality Review Act, and; 3. The Planning Board, at a Public Hearing on April 6, 1999, has reviewed and accepted as adequate, drawings entitled "Addition and Alterations to Roy H. Park School of Communications, Ithaca College, Ithaca, New York," including Sheet No. A -1, entitled "Floor Plan & Elevations," dated February 18, 1999, Sheet No. SK -1, entitled "Existing SitePlan," dated March 8, 1999, and Sheet No. SK -2, entitled "Proposed Site Plan," dated March 8, 1999, all prepared HOLT & C Architects, Planners, and Interior Designers, and other application materials. NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed construction of a one story, 1,820 +A square foot addition to the Roy H. Park School of PLANNING BOARD PAGE 12 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED -APPROVED Communications, as shown on the drawings entitled `Addition and Alterations to Roy H. Park School of Communications, Ithaca College, Ithaca, New York," including Sheet No. A -1, entitled "Floor Plan & Elevations, " dated February 18, 1999, Sheet No. SK -1, entitled "Existing Site Plan," dated March 8, 1999, and Sheet No. SK -2, entitled "Proposed Site Plan," dated March 8, 1999, all prepared HOLT & C Architects, Planners, and Interior Designers, and other application materials, subject to the following conditions, to be met prior to the issuance of a building permit: a. the granting of Special Approval by the Zoning Board of Appeals, b. the submission of an original or mylar copy and two paper copies of the final site plan (Sheet SK -2) to be retained by the Town of Ithaca. AND BE IT FURTHER RESOL VED. 1. That the Planning Board, in making its recommendation regarding Special Approval to the Zoning Board of Appeals, determines the following: a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; b, the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed use; C, the specific proposed change in land use as a result of the proposed project is in accordance with a Comprehensive Plan of development for the Town of Ithaca. 2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be granted. AYES - Wilcox, Ainslie, Conneman, Hoffmann, Kenerson, Thayer. NAYS - None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Determination of Significance of Environmental Impact pursuant to the NYS Environmental Quality Review Act (SEQRA) regarding site plan approval and special approval of the proposed construction of a Burger King restaurant and drive= through at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2,820 t square foot building and drive - through on a 1.859 t acre parcel, additional proposed parking spaces on the east side of the proposed building, proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca Tax Parcel No. 62 =2 -1.22, Business "C" District. The Town of Ithaca Planning Board, acting as lead agency, is conducting a coordinated review of said proposal. Cornell University, Owner; Rowe Restaurants, Applicant/Agent. PLANNING BOARD PAGE 13 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated the public hearing for the SEAR Determination on Burger King is canceled. Chairperson Wilcox stated the board would hear comments from the public to gather input about the need for an archeological review of the site. Chairperson Wilcox opened this segment of the meeting at 8:59 p.m. Chairperson Wilcox stated there is an issue that has been raised by members of the community for the potential need for an archeological review. Ed Franquemont, 108 McIntyre Place, stated there is not much on the site now, but the foundation from one of the very first farm houses built in Tompkins County is visible when walking across the site. When the house was demolished in 1970, they dropped the house directly into the foundation hole. It will be an easy excavation to do. This could be done with simple crossing trenches to learn about the construction techniques in order to date the house because it is unknown as to when it was built. This could be completed within a few weeks. This is our last opportunity to find unique insights. Robin Seeley, 332 Hurd Road, stated she wanted to read a letter from Gretchen Sachse. "Dear Members of the Planning Board: Robin Seeley contacted me recently to make me aware of Burger King's request to build on the site of the Mitchell Farm House, 1006 Ellis Hollow Road, which was raised in the late 1960s. James Mitchell came to what is now Ithaca from Sussex County New Jersey in 1800 to see if this would be a good place to relocate his family. At that time there were three log houses and a frame building which they helped raise while their tired horses ate. "In 1802, James brought his family here and built his log cabin on what became known as the Mitchell Farm. Sometime between 1810 and 1820, he subsequently built a brick house a few rods away, one of the few early ones in the County made from brick produced at a nearby brick yard. This is the house that is still on the site in question, which may also include the site of the earliest cabin. "Although this site maybe considered insignificant to New York State history, in my opinion it is potentially important to our understanding of early pioneer life locally. An archeological investigation of the site could yield information about the earliest days of Ithaca's daily life. An opportunity that has long since been lost in the City. "Why should we care? Because what little material we have is secondary. Tales told in 1876 or later about a handful of pioneers that came to this wilderness and carved out settlements and farmsteads. Looking at pioneer experience from a local perspective, historians and educators often have to start with a secondary source material and add in a helping of the generic pioneer experience to infer what it might have been like here. "Is there an interest in this early period? Yes. Cayuga Nature Center is currently trying to research and interpret local pioneer life and fourth grade school children often ;study this earliest period in County History. It would be much better to provide an informed accurate picture of what life was like instead of them having to rely on Laura Ingles Wilder novels and a series of pioneers that ran in the Ithaca Journal in 1921 . At a time when historic tourism looks like a promising direction for PLANNING BOARD PAGE 14 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED economic expansion, it seems short sided to forgo this rare opportunity to interpret our history authentically. "I am not suggesting a recreation of the Mitchell Farmstead, just a moratorium on development until an archeological survey can determine its worth and perhaps provide us with an unique window into our distant past." Katherine Barnes, 353 Snyder Hill Road, stated her grandmother was a Mitchell and she grew up in the house that is being spoken about. She would like to know what Ms. Sachse's source of some of the information is that has been given. It does not square with the history that has come down through the family. The original home was built behind the house at 609 Mitchell Street. It is about a block from Belle Sherman School. There is an old farm house and it was eventually the Samuel Mitchell Farm. The original log cabin was behind that house. This is family history and she is unable to document it. She questions the type of house it was and whether a Mitchell built the red brick house or if it was bought. Ms. Barnes stated she loved the house and she grew up there. Her brother has interior pictures of the house from most angles. If that is of any value, the pictures can be provided. Ms. Barnes stated she would like to be cooperative in any way, but she questions some of the facts. Martha Robertson, 1655 Ellis Hollow Road, stated neighbors would like to see a historical marker and benches. There is a tremendous value to the area and picture what it looked like. It is hard to do that from a museum. It is a unique site. It is not a matter of digging up the ground and then paving it over. The best possible use for the site needs to be considered. Chairperson Wilcox stated staff has been doing work on this issue. He would like someone to explain to the board what they are considering. Mr. Frantz stated he has information from the 1977 Historic Resources Survey that the Tompkins County Planning Department conducted. The house was actually demolished after the survey. The concern is this is the site of James Mitchell's 1802 log cabin and further more the site of his farmstead. Town Staff historical research, including the documentation that was put together in the fall of 1997 as part of the Town's ongoing historical resources survey through the Historic Preservational Planning Program at Cornell University. It put the 1802 James Mitchell homestead and original farm on a portion of the Military lot 96. The Pews purchased the northeast corner of Military Lot #95. According to Town historic records, it was built by Richard Pew in 01840 or 1850. On the map of the Town of Ithaca in 1853, the house is shown as being owned by a J. Mitchell. Based on the information that is known, it is not one of the original houses in the Town of Ithaca. There were a lot of houses built before 1840 or 1830. There were a number of homes that could be the original Mitchell Home. This information is based on deed research by the Historic Preservation Program. Mr. Frantz stated he consulted Professor Bower at Cornell University. She is an archeologist and one of her classes did an assessment of the East Hill Plaza area. They discovered this site was too disturbed to be of archeological value. She has a report on this, but was unable to get it to the Planning Department before the meeting. The original assessment that there would be no impact and no need for an archeological or cultural resources survey still stands. The type of archeological PLANNING BOARD PAGE 15 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18t 1999 - APPROVED - APPROVED -APPROVED work that Mr. Franquemont was talking about was done at Inlet Valley. That project located the former Fisher Farm Homestead from the early 1800s in that area. There was house present that would be of great architectural importance today. Mr. Kanter stated if they were still going under the parameters of SEQR, they would need to answer the question if this area is significant and if a study is needed. In the absence of SEQR the State Historic Preservation Office is involved in approvals and reviewing sites of historic significance where there are other Federal or State agencies involved in giving a permit or approval. This does not appear to be the case with this particular proposal. The agencies involved with this proposal are Town or County. In terms of what an archeological survey would mean, a Phase IA Archeological survey is non4gging. It is research and documentation and gathering of existing information. There are potential things identified as being significant and then a Phase IB survey would be recommended and it gets into digging, excavating and documenting what is in the ground. The board needs to think about if there are aspects of the resource that has been talked about if there needs to be further investigation. Legally, it is unknown if the board is authorized to require something like that as part of Site Plan Review, Attorney Barney stated one of the criteria when Site Plan items are reviewed under the Town Ordinance, Section 46d Item 9, the effect of the proposed development on an environmentally sensitive areas including but not limited to, wetlands, flood planes, woodlands, steep slopes, water courses and on other open spaces areas of importance to the neighborhood or community. Within that, it was felt that was an archeologically significant matter that needed to be investigated on an open space as part of a project, then if challenged the determination could probably be sustained. The determination the board needs to make is whether this is of some significance that the board would like further information. If the board does, then the request should be made to the applicant to make it part of the overall review. Board Member Hoffmann stated she does not see how the board can make such a determination based on what they have heard. There has been conflicting information given. They have also heard from Mr. Frantz that there was a study done by Professor Bowers, but the study was not provided so that the board could judge it for themselves. Did students do the study for a course? Mr. Frantz stated it was a class project. There is a report. Professor Bowers was unable to deliver it today. The report's findings is that the site is too disturbed to be of archeological value. One part of it is covered by the Tompkins County Trust Company. A large portion is paved over as part of the East Hill Plaza Parking lot which included the barn complex. Board Member Hoffmann stated she did not remember the house being located in any of the areas that have been disturbed by the bank, gas station or the parking lot. She remembers it being in the area addressed. There could be interesting things in the foundation to look at. Mr. Frantz stated there maybe interesting things, but are they of archeological, historical, cultural value. Board Member Hoffmann asked how they would know unless it is looked at. PLANNING BOARD PAGE 16 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MA Y 18, 1999 - APPROVED - APPROVED - APPROVED Mr. Frantz stated they know it is not one of the earliest houses built in the Town of Ithaca. If it had been one of the earliest homes, then it might be of greater importance. There are many such sites throughout the Town of Ithaca. Not all of them are historically significant. The question also needs to be asked what other sources of information on early life in the Town of Ithaca is available. What would excavation of this particular site add to the knowledge of early life in the Town of Ithaca. Board Member Hoffmann stated she would need to hear what people trained in the area have to say. Mr. Franquemont feels it is of importance. She would like to see the report by Professor Bower, Chairperson Wilcox asked if she would be in favor of a Phase IA survey. Attorney Barney stated he is hearing Board Member Hoffmann stating that she would like more information. Board Member Conneman stated Mr. Frantz is suggesting that evidence is clear that the house was built in the 1840s. Mr. Frantz stated the reason this has been brought forward is the information that it was the 1802 homestead of James Mitchell, an early settler of the Town of Ithaca. The deed research that has been done, and the Historic Preservation research shows that it is not the original James Mitchell homestead inside of its original 1802 log cabin. Board Member Conneman stated if this information was gathered by deed research, it is different from speculation. Board Member Ainslie stated Ms. Barnes said there is a history of this house in her family. He thinks it is unusual to have a person who lived in the house and knows the background of the house, that the board should argue it was the oldest house when family records show that it was not. Chairperson Wilcox stated it is important that each member of the board gets sufficient information to make a judgment. The board is being asked to ask the applicant for more information if it is warranted. Board Member Mitrano asked how many other homes are there in the Town of Ithaca that were built in the 1840s. Mr. Frantz responded there are hundreds. Board Member Ainslie stated he lives in a house that was built in the 1820s. Board Member Mitrano asked what the cost would be for a Phase IA archeological dig. Attorney Barney stated about $3000. PLANNING BOARD PAGE 17 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED Board Member Hoffmann stated Ms. Sachse's information must carry some weight because she is recognized as a local historian. There must be some reasoning behind what she wrote. A decision cannot be made if the board does not know what it true. Board Member Thayer stated this is confusing to him. Ms. Barnes stated the barn was down the street and they are talking about a house in East Hill Plaza. Mr. Kanter stated it might be "A" Mitchell house and not "THE" Mitchell house. Bill Seldin, Attorney, stated they have adopted a posture of being anything but resistant to whatever the inquiries were of the public, planning department and Planning Board. They are not going to change that approach. His only concern is that they need to be guided in some sort of fashion. He is one of the few people who suggested this be open up to the public so that everyone would have an opportunity to be heard. They applaud the fact that the Town has solicited public input at hearings that are not normally open to the public. Their position at this point is to figure out the concerns and react to them in some way that makes sense. The SEQR is now going to metamorphosis into Preliminary Site Plan Review. They accept and appreciate it. They do not want anyone's effort to go to waste. Let us assume the Mitchell house is where they say it is. Then what happens? Will the applicant be told they need to do a dig? The applicant does not own the property. Mr. Seldin stated he does not know if it will be allowed within the body of their lease agreement. The applicant needs to know what to do. This issue was not brought up at Sketch Plan Review. He did not know about the archeological concern until he received a letter from the Parks Commission and the Parks Commission did not know about it until April 5. Let us assume that the Planning Board reaffirms what Mr. Frantz has determined. Then the Planning Board receives more information. Will the applicant be expected to react to that information also. Mr. Kanter asked if it would be easier to do a Phase IA survey to bring back information at a set time and know what will be provided. Mr. Seldin stated before the money is spent, he wants to have a reason to do it. He does not want to do something on speculation. They have spent a lot of money on the traffic analysis and the drainage plan. That was not speculation. This board might want to set a time limit for people to prove that more investigation needs to be done. The Planning Staff has done a great deal of research and they feel it is not of any archeological significance. Martha Robertson stated there is a discrepancy in information. Unless Professor Bower can produce this report it is hearsay. She wonders if a class of 18 year olds are the experts. Mr. Frantz stated it was a graduate student class. Ms. Robertson stated regardless of age, they might not have the level of expertise to base a permanent decision on. It is an irreversible decision. It is something that they need to be sure about. PLANNING BOARD PAGE 18 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 1811999 - APPROVED - APPROVED -APPROVED Ed Franquemont stated this does not need to delay the construction plans. This is something that can be done while other things are happening. The question is not whether this is the Mitchell Family house. This is an early house by style definition alone. It is in the federal style. The first style in which houses were built in this County. There are hundreds of houses from the 1840s and none of them look like this house. This is a style that was out of style by 1820. It is an early house. Who lived there and who built it is why archeological research should be done. There is an opportunity to get history out of the ground. There are also people who feel the application should not go through because of this foundation. Mr. Franquemont stated he is not one of those people. He feels there is an opportunity to find history while the ground is dug up any way. This deserves the same amount of attention as ground water, drainage and traffic. The applicant is trying to be cooperative. Mr. Kanter stated the archeological survey is not to decide whether or not a Burger King should be built on the site. It is to document facts about the site. Even if there were an existing house on the site, it would not determine whether or not something else could be built there. Mr. Frantz stated they are talking about a Phase II excavation of the site. Attorney Barney asked if there is any idea of what that would cost. Mr. Franquemont responded he did not know. Mr. Seldin stated he wanted the board to think about the precedent they are setting. He would like to know if this was required on CFCU, Citgo and if it will be required in the future. The standard set with this project may have to be a standard set in the future for other projects. What are the guidelines and has the board deviated from what they have done in the past? It should not be based on speculation and it should not be a common function without a rational basis. Board Member Ainslie stated Cornell University owns the property and they are leasing the site. Should not Cornell University have the obligation if they are leasing a site? Attorney Barney stated it is not for the board to get into. Whatever the arrangements are between Cornell University and the developer is not the Town's business. Board Member Mitrano stated she does not have a sense as to the criteria about what constitutes a significantly historical site. If it turns out this effort is to prevent the next step of the discussion about Burger King occurring, she does not approve of it. If there is a historical site there, then some excavation should be done. Board Member Mitrano stated there is not enough information for her to make a decision. Chairperson Wilcox stated the overall feeling of the board is that they need more information in order to make an educated decision as to whether this site deserves further review. There is conflicting information between the various Town Staff and members of the public who are interested and educated in the subject. He hopes that an agreement as to the facts can be reached. Mr. Frantz stated the age of the house is the biggest question. PLANNING BOARD PAGE 19 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED -APPROVED Chairperson Wilcox stated if that can be agreed upon, than the board has enough information to make a decision or give guidance. Mr. Kanter asked what year will be significant or not. It needs to be worked out with staff. What will be the next step? Will it be brought back to the board and then have the same discussion. Assumptions are being made based on information given by the public and historic organizations that do not necessarily have the same resources, time, and ability as Town Staff. The board needs to make a decision as to whether this needs to be pursued more formally or not. Chairperson Wilcox stated this board could decide that there need not be any examination, research or documentation of this site because of the lack of evidence. The board retains the option to order such a review if convincing evidence is produced between now and April 20, 1999. The members of the public that have brought this to the board's attention can provide additional evidence for the board to consider, then the issue will be issued again. There is not enough information right now to tell the applicant what to do. Board Member Mitrano asked if the board could raise questions that they would like answered. Mr. Frantz stated two questions are if it was "The Mitchell House" as opposed to "A Mitchell House". A mission is to determine as close as possible when it was actually built. Board Member Mitrano stated another question is if there was anything earlier built in this location. Is there anything unique about the house? Board Member Conneman stated deciding if the site has been disturbed needs to be answered. Board Member Mitrano asked who would pay for the incurred cost. Mr. Seldin responded he does not know. He does not Cornell to conduct a dig on their property. The issue has not not be necessary. Mr. Frantz stated another question to be answered possible archeological resources on the site from the const deep excavation into the site, then the artifacts are still there. in the museum, know if they would be able to convince been approached. He hopes that it will is what would the impact be on the ruction of a restaurant. If there is not The biggest loss is that they will not be Board Member Hoffmann stated the board does make this request of other applicants. The board has asked this of applicants especially after the Comprehensive Plan was adopted. It specifically states that the historic resources of the Town need to be looked after. The question was asked if an archeological dig had been done on the gas station site and the CFCU site. Board Member Hoffmann stated she did not remember if this was a requirement of the gas station review. The CFCU site had previously had a building. It also was not a site where local people remember a house as with this site. The board would be negligent if this was not looked into more. PLANNING BOARD PAGE 20 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox proposed a motion stating that this board does not at this time request the applicant for any survey information with regard to the proposed site. At the next Planning Board Meeting, April 20, 1999, any and all relevant data pertaining to the six questions that have been identified will be presented. At that point, if there is any convincing information than the board could direct an archeological survey. If there is no new convincing information, the board will not direct. AYES: Wilcox, Hoffmann, Conneman, Ainslie, Mitrano, Thayer, NAYS: Kenerson. The MOTION was declared to be carried. AGENDA ITEM: APPROVAL OF MINUTES = MARCH 2, 19998 MOTION by Fred Wilcox, seconded by Larry Thayer. RESOLVED, that the Planning Board does hereby approve and adopt the March 2, 1999 as the official minutes of the Town of Ithaca Planning Board for the said meeting as presented. THERE being no further discussion, the Chair called for a vote. AYES: Wilcox, Conneman, Kenerson, Ainslie, Mitrano, Thayer. ABSTENTION: Hoffmann. The MOTION was declared to be carried. AGENDA ITEM: OTHER BUSINESS. Board Member Conneman stated Mr. Frantz has done deed research. It is a piece of evidence. Board Member Hoffmann stated the work done by Ms. Bowers and her class should be available. Mr. Kanter stated they could provide the report to the board. Board Member Conneman stated Ms. Bowers is an archeologist. He has had his class do projects, but he would not make a statement about the project unless he had checked it out himself. He is sure Ms. Bowers is serious about what her classes do and agrees with the research. Chairperson Wilcox stated Board Member Ainslie made the point the board is in a catch 22 situation. No one knows if something there unless it is looked into. The board needs to make a decision either way. PLANNING BOARD PAGE 21 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED Mr. Frantz stated based on his knowledge of the site and the work he has done with Ms. Bowers, is that there are artifacts on the site. The question is if they are important enough to warrant a full archeological excavation. Mr. Kanter stated a lot of the questions that were asked as criteria for the determination, are things an archeological survey would answer. There are questions as to whether the board could require the dig. There is openness on the part of the applicant to do a reasonable study. Attorney Barney stated the board is not unfettered on what it can ask for from an applicant. There has to be a reasonable basis for what the board is asking. The board cannot base an action on a curiosity or speculation. The board is subject to a law suit. Attorney Barney stated he would not have a great deal of comfort standing before a judge on what he has heard that the board was right. Mr. Kanter asked what happened with Eco Village. Chairperson Wilcox stated the board was overwhelmed with information. It needs to be re- evaluated. Mr. Kanter asked what the next step is. Attorney Barney stated a lot of wh(# scope is what the board is dealing with. The scope has listed alternative reviews. document and the issues could be added, add to the scope. Mr. Kanter stated the visual impact be address more clearly, it the public said There were a lot There are four The board could is addressed and has nothing to do with the of reasons and alternative issues that are not yet in discuss what additions they er community character. It scope. The s suggested. the scoping would like to may need to Board Member Ainslie stated he has a problem with being able to see red roofs from East Hill. He does not understand how it always comes up. Subterrainian houses would need to be built in order for people not to see them. Mr. Frantz stated in subdivision design, houses are not built on the sky -line. They can be built below a crest of a ridge or hill so that they do not break the horizon. The First Residents Group at Eco Village from the south does do it. Attorney Barney stated the visual impacts are under Community Character. It is in there to be addressed and reviewed. He has a list of four items that were suggested. One was a Market Demand Study and he is not sure it belongs as part of the Environmental Study. Mr. Kanter stated he does not know how much it relates to this project. It is not a subsidized housing project. This is a specialized housing development for people who want to live in this type of setting. They are not going to build the second neighborhood until they have everyone to live in it. They need the capital in order to build it. Attorney Barney stated that was one of the concerns. PLANNING BOARD PAGE 22 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MA Y 18, 1999 - APPROVED - APPROVED - APPROVED Mr. Kanter stated other developers are not required to do a Market Demand Study. Attorney Barney stated they were also concerned about the impact of the people on the surrounding property owners. There was also the concern of the fragmentation of the open space. Is there something the board wants in the Environmental Impact Study related to the fact that people might be going onto adjoining properties. Board Member Hoffmann stated it is an environmental issue when it comes to the Coy Glenn area which is more fragile. The Town is trying to protect this area. Attorney Barney stated this is addressed in the scoping document. The public might have not read the scoping document because these items are addressed. Mr. Frantz stated his impression was the concern of fragmentation of open space. They are planning to develop towards the south, towards Longhouse, and towards Coy Glenn to the south and west. An alternative design was suggested to develop towards Mecklenburg Road and Route 79. Board Member Hoffmann stated everyone is worried about the long driveway. Board Member Ainslie stated there was some concern about putting the first group in the location so that it could not be seen from Route 79. Board Member Hoffmann stated that the Longhouse residents could look after their own problem and stop people from walking in their yards. Then again, the board tries to look out for neighbors. When people come in with projects, the board looks at the impact on the neighboring properties. Attorney Barney stated that minimizing the invasion of privacy of surrounding neighbors be addressed in the scoping document. Board Member Ainslie asked what the population of Longhouse is. Mr. Frantz stated 15 -16 units. The issue was raised as to what a Village and Educational Center is. It has not been addressed adequately in the scope. How are the environmental impacts assessed without further explanation. Chairperson Wilcox stated that if these ideas have not been formalized before preparation of a GIS then they will be dealt with at the time that they are proposed. Mr. Kanter stated the items are not well enough defined to do any detailed analysis which is why they are addressed in the Generic portion of the Environmental Impact Statement. Chairperson Wilcox stated at the last discussion of Eco Village, the board asked for a more descriptive definition of Natural Areas and gardening in the natural area. PLANNING BOARD PAGE 23 APRIL 6, 1999 APPROVED -APPROVED -APPROVED -MAY 18, 1999 - APPROVED -APPROVED -APPROVED Board Member Hoffmann asked if the comments they made last time are included in this scope. Mr. Kanter stated the previous comments need to be included. It has not been revised since the last time it was talked about. Chairperson Wilcox stated under Natural Areas, the auxiliary buildings need to be described more fully. Mr. Kanter stated auxiliary /utility buildings, gardens, walkway need to be more redefined. Board Member Ainslie stated the definition of a natural area needs to be more defined. Board Member Hoffmann stated that the intersections of West Haven Road /Route 79 and Elm Street need to be added to the traffic analysis. MOTION by Fred Wilcox, seconded by Tracy Mitrano to untable the Scoping Discussion of Eco Village, AYES: Wilcox, Hoffmann, Conneman, Ainslie, Mitrano, Thayer. ABSTENTION: Kenerson. The MOTION was declared to be carried. Attorney Barney stated there were concerns of clusters of buildings and then surrounding it with open space. Chairperson Wilcox stated an alternative that allows for a greater contiguity of the open space needs to be added to the alternatives. Board Member Hoffmann stated the letter from the Tompkins County Department of Planning suggests Linderman Creek be included in the traffic analysis. Is it in the scoping? Chairperson Wilcox stated it can be included. MOTION by George Conneman, seconded by Lawrence Thayer: WHEREAS: 1. EcoVillage at Ithaca has proposed the amendment of Special Land Use District (SLUD) No. 8 to be applied to the overall EcoVillage property, and the development of a Second Neighborhood Group consisting of 30 +/ dwelling units and a common house, located off of Mecklenburg Road at Rachel Carson Way (a private drive), on Town of Ithaca Tax Parcel No's. 284-26.2 and 28- i -26.8, consisting of a total of 174.29 +/- acres. EcoVillage at Ithaca, Owner /Applicant; Rod Lambert, Agent, and PLANNING BOARD PAGE 24 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MA Y 180 1999 - APPROVED - APPROVED - APPROVED 2, The Town of Ithaca Town Board, in a resolution dated December 7, 1998, has referred the petition to amend the above - referenced SLUD to the Planning Board for a recommendation, and in said resolution, the Town Board requested that the Planning Board act as lead agency for the environmental review of the above - referenced actions, that the applicant prepare a Generic Environmental Impact Statement (GEIS) to evaluate the potential impacts of the proposal, and that there be held a public scoping session in order that any interested persons may voice their opinion about the potential impacts of the proposed amendment to SLUD No. 8, and 3. The Town of Ithaca Planning Board, in a letter dated March 5, 1999, has circulated a notice of intent to serve as lead agency to involved and interested agencies regarding the environmental review of the proposed actions, and 4. The proposed zoning amendment, site plan and subdivision approvals are Type I actions pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Local Law No. 5 of the Year 1988 Providing for Environmental Review of Actions in the Town of Ithaca, and 5. EcoVillage at Ithaca and the Town of Ithaca Planning Board at the February 2, 1999 Planning Board meeting have mutually agreed to conduct the environmental review of the above - referenced actions by means of a Generic Environmental Impact Statement, pursuant to the format and procedural requirements of Section 617.10 of the New York State Environmental Quality Review Act, and 6. The Planning Board, at a meeting held on March 23, 1999, has reviewed a Draft Scope outline for EcoVillage at Ithaca - Special Land Use District and Second Neighborhood Group, prepared by the applicant, and dated March 3, 1999, and has determined that said Scope outline was adequate to proceed with a public scoping session, and 7. The Planning Board held a public scoping session on April 6, 1999, to hear comments from the public regarding the scope and content of the Generic Environmental Impact Statement to be prepared by EcoVillage at Ithaca. NOW THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby accepts the above - referenced Draft Scope outline, dated March 3, 1999, as revised at this meeting, as the Final Scope outline and as being adequate to define the scope and content of the Generic Environmental Impact Statement for the EcoVillage at Ithaca proposed Special Land Use District amendment and Second Neighborhood Group development proposal. Aye - Wilcox, Conneman, Hoffmann, Thayer, Kenerson, Ainslie. Nay= None. The MOTION was declared to be carried unanimously. PLANNING BOARD PAGE 25 APRIL 6, 1999 APPROVED - APPROVED - APPROVED - MAY 18, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated there was a request to have a larger meeting room for the next Burger King meeting. The number of people tonight indicated the need for a larger room. Board Member Ainslie asked where the board could meet. Chairperson Wilcox stated schools was a possibility. Mr. Kanter stated the Town received the Certificate of Appropriateness for the New Town Hall with conditions. On April 20, staff will report back to the board on the archeological research. AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the April 6, 1999, Meeting of Town of Ithaca Planning Board duly adjourned at 10:45 p.m. Prepared by: Carrie L. Coates, Keyboard Specialist/Minutes Recorder Mary Bryant, Administrative Secretary for the Town of Ithaca Planning Board. y TOWN OF ITHACA PLANNING BOARD 126 East Seneca Street - f` Ithaca,New York 14850 ,A - Tuesday,April 6, 1999 - AGENDA 7:30 P.M. Persons to be heard. 7:35 P.M. PUBLIC SCOPING SESSION:Consideration of Draft Scope outline for EcoVillage at Ithaca-Special Land Use District and Second Neighborhood Group regarding the scope and content of a Generic Environmental Impact Statement(GEIS)for a proposed Special Land Use District(SLUR)amendment to be applied to the overall EcoVillage property,and the proposed development of a Second Neighborhood Group consisting of 30+/-dwelling units and a common house,located off of Mecklenburg Road at Rachel Carson Way(a private drive),on Town of Ithaca Tax Parcel No's.28-1-26.2 and 28-1-26.8,consisting of a total of 174.29+/-acres. EcoVillage at Ithaca,Owner/Applicant;Rod Lambert,Agent. 7:55 P.M. Presentation and update by Cornell University regarding the proposed North Campus Residential Initiative to consist of the construction of new dormitory buildings and a new dining facility with associated vehicular drives,landscaping and walkways,and the relocation of parking,recreational fields and courts,and a residence,located in both the City of Ithaca and Town of Ithaca off of Pleasant Grove and Jessup Roads. Cornell University,Owner/Applicant;Kathryn Wolf,Trowbridge and Wolf,Landscape Architects,Agent. 8:10 P.M. SEQR Determination,Ithaca College Addition to Roy H.Park School of Communications,Danby Road. 8:15 P.M. PUBLIC HEARING:Consideration of Preliminary and Final Site Plan Approval and a recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a one story, 1,820+/-square foot addition to the Rov H.Park School of Communications building on the Ithaca College campus. Said addition will be located on the northwest corner of the building,and will be used for the storage of audio/visual equipment and supplies. Town of Ithaca Tax Parcel No.41-1-30.2,R-15 Residence District. Ithaca College,Owner/Applicant;T.G.Miller Engineers and Surveyors,and HOLT& C Architects,Agents. 8:30 P.M. PUBLIC FEARING:Consideration of Determination of Significance of Environmental Impact pursuant to the N.Y.S.Environmental Quality Review Act(SEQRA)regarding site plan approval and special approval for the proposed construction of a Burger King restaurant and drive-through at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2,820+/-square foot building and drive-through on a 1.859+/-acre parcel,additional proposed parking spaces on the east side of the proposed building, proposed signs,landscaping,lighting,and outdoor seating area,located on Town of Ithaca Tax Parcel No. 62-2-1.22,Business"C"District. The Town of Ithaca Planning Board,acting as lead agency,is conducting a coordinated review of said proposal. Cornell University,Owner;Rowe Restaurants, Applicant/Agent. 7. Approval of Minutes: March 2, 1999(in packet). 8. Other Business. 9. Adjournment. Jonathan Kanter,AICP Director of Planning 273-1747 NOTE:IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY MARY BRYANT AT 273-1747. (A quorum of four(4)members is necessary to conduct Planning Board business.) • TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS AND PUBLIC SCOPING SESSION Tuesday, April 6, _1999 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings and a Public Scoping Session will be held by the Planning Board of the Town of Ithaca on Tuesday, April 6,. 1999, at 126 East Seneca Street, Ithaca, N.Y. , at the following times and on the following matters: 7:35 P.M. PUBLIC SCOPING SESSION: Consideration of Draft Scope outline for EcoVillage at Ithaca - Special Land Use District and Second Neighborhood Group regarding the scope and content of a Generic Environmental Impact Statement (GEIS) for a proposed Special Land Use District (SLUD) amendment to be applied to the overall EcoVillage property, and the proposed development of a Second Neighborhood Group consisting of 30 +/- dwelling units and a common house, located off of Mecklenburg Road at Rachel Carson Way (a private drive) , on Town of Ithaca Tax Parcel No's. 28-1-26.2 and 28-1-26.8, consisting of a total of 174.29 +/- acres. EcoVillage at Ithaca, Owner/Applicant; Rod Lambert, Agent. 8:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and a recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a one story, 1, 820 +/- square foot addition to the Roy H. Park School of Communications building on the Ithaca College campus. Said addition will be located on the northwest corner of the building, and will be used for the storage of audio/visual equipment and supplies. Town of Ithaca Tax Parcel No. 41-1-30 .2 , R-15 Residence District . Ithaca College, Owner/Applicant; T.G. Miller Engineers and Surveyors, and HOLT & C Architects, Agents . 8:30 P.M. PUBLIC HEARING: Consideration of Determination of Significance of Environmental Impact pursuant to the N.Y.S. Environmental Quality Review Act (SEQRA) regarding site- plan approval and special approval for the proposed ' construction of a Burger King restaurant and drive-through at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2 , 820 +/- square foot building and drive-through on a 1.859+/- acre parcel, additional proposed parking spaces on the east side of the proposed building, proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca Tax_ Parcel No. 62-2-1.22 , Business "Cu District . The Town of Ithaca Planning Board, acting as lead agency, is conducting a coordinated review of said proposal. Cornell University, Owner; Rowe Restaurants, Applicant/Agent. Said Planning Board will at said times 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 hearings. i Jonathan Kanter, AICD Director of Planning 273-1747 Dated: Monday, March 29, 1999 Publish: Wednesday, March 31, 1999 TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: APRIL F, 1999 PLEASE PRINTYOUR NAME PLEASE PRINT ADDRESS[AFFILIATION (Please PRINT to ensure accuracy in official minutes.) R �1 S+tom n6w rrCC'o V r t log Vodle-) Vfex� N a 4 TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: APRIL 6 1999 PLEASE PRINT YOUR NAME PLEASE PRINT ADDRESS/AFFILIATION (Please PRINT to ensure accuracy in official minutes.) ')AjVTj J</p4V f+�, rt rk 0 EVS otj &57tU-� fail v gl� S�vI K• r (-F 03 YvNkkk 75rt rd Wo -411 Sh r � r KAVbEt3 2 1 t�"7 pt 2c- 2 9 B-K B -54 y ,- TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: APRIL 6, 19 9 9 PLEASE PRINT YOUR NAME PLEASE PRINT ADDRESS[AFFILIATION (Please PRINT to ensure accuracy in official minutes.) 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TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Mary S. Bryant 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 Hearings 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, April 6, 1999 commencing at 7:30 P.M.,as per attached. Location of Sign Board used for Posting: Bulletin Board, Front Entrance of Town Hall. Date of Posting: March 29, 1999 Date of Publication: March 31,1999 AAq J-&'�ax Nidry s- tyant, Admini Asst. Town of thaca. STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 2th day of April 1999. Lary Public. Mary J. Saxton Notary Public, State of New York Registration #41SA5044003 Qualified in Toga Count Ally Commission Expires -3