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HomeMy WebLinkAboutPB Minutes 2000-05-02TOWN OF ITHACA PLANNING BOARD TUESDAY, MAY 2, 2000 The Town of Ithaca Planning Board met in regular session on Tuesday, May 2, 2000, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; James Ainslie, Board Member; Tracy Mitrano, Board Member; Larry Thayer, Board Member; Rod Howe, Board Member; Jon Kanter, Director of Planning; John Barney, Attorney for the Town; Dan Walker, Director of Engineering (8:21 p.m.); Mike Smith, Planner. EXCUSED: Eva Hoffmann, Board Member; George Conneman, Board Member; George Frantz, Assistant Town Planner. ALSO PRESENT: Bruce Hatch, Ithaca College; Kim Martinson, Cornell University; Helen Steh, Cornell University; Laurene Gilbert, Cornell University; Mark Macera, Ithacare; Shirley Egan, Cornell University; Dave Raimon, 423 North Cayuga Street; Jim Salcolm, Attorney. Chairperson Wilcox declared the meeting duly opened at 7:36 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 April 24, 2000, and April 26, 2000, 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 26, 2000. (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. PERSONS TO BE HEARD: Chairperson Wilcox opened this segment of the meeting at 7:36 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed PERSONS TO BE HEARD at 7:37 p.m. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed construction of a 54 ± square foot visitors' information booth at Ithaca College at the entrance to Parking Lot "N ", located at 953 Danby Road on Town of Ithaca Tax Parcel No. 41 -1 -30.2, Residence District R -15. Ithaca College, Owner /Applicant; Fred VanDerburgh, Agent. Chairperson Wilcox stated that there is no SEQR Determination. This is a routine activity of an educational institution, which is Type II. Therefore, SEQR is not required. Bruce Hatch, Ithaca College Director of Physical Plant, stated that the College decided it would be helpful to have a designated visitors' area. It would also be helpful to facilitate the people coming PLANNING BOARD PAGE 2 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED to visit to have a place to get their questions answered. They spruced up an existing end lot for the location of the building. They priced a package unit for the building and found that it was too costly. It was decided to use the College's own trades people to construct the building. The bottom of the building is brick and the top is a window. It is an attractive building. Students staff it during the day. Mr. Hatch stated that he does apologize for building being built without the proper approvals. He believes that its impact is very low on the Town of Ithaca. Chairperson Wilcox stated that in the past Ithaca College has been very good. The board has seen a lot of their construction over the last couple of years. He is sure it was just an oversight. Board Member Thayer stated that he thinks that the building is very attractive. Chairperson Wilcox opened the public hearing at 7:38 p.m., and asked if any member of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 7:39 p.m. Chairperson Wilcox asked if there is a problem with cars stacking up that might cause issues in the parking lot. Mr. Hatch stated that the building is far enough away from the loop road so there is room for two cars, plus the car at the booth. Board Member Mitrano asked if people could purchase day parking permits. Mr. Hatch stated that there is no charge for parking for visitors. If someone has a legitimate need to be on campus, there is not a charge. If someone is going to be there repetitively over an extended period of time they have passes that can be purchased. RESOLUTION NO. 2000 -42 - Preliminary and Final Site Plan Approval, Ithaca College Visitors' Information Booth, 953 Danby Road, Tax Parcel No. 41 -1 -30.2. MOTION made by James Ainslie, seconded by Tracy Mitrano. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval for the proposed construction of a 54 +/- square foot visitors' information booth at Ithaca College at the entrance to Parking Lot "N'; located at 953 Danby Road on Town of Ithaca Tax Parcel No. 41 -1 -30.2, Residence District R -15. Ithaca College, Owner /Applicant; Fred VanDerburgh, Agent. 2. This is a Type 11 Action, pursuant to 6 NYCRR Part 617, State Environmental Quality Review Act (SEQRA), requiring no further environmental review, and PLANNING BOARD PAGE 3 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED 3. The Planning Board, at a Public Hearing held on May 2, 2000, has reviewed and accepted as adequate, plans entitled "Location of Information Booth at Entrance to Parking Lot "N'; " dated 313100, and "Visitor Information Booth," dated 313100 and revised 3110100, prepared by Tom Bossack, and other application material. NOW THEREFORE BE I T RESOL VED. 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 Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed construction of a 54 +/- square foot visitors' information booth at Ithaca College at the entrance to Parking Lot "N'; located at 953 Danby Road on Town of Ithaca Tax Parcel No. 41 -1 -30.2, as shown on plans entitled "Location of Information Booth at Entrance to Parking Lot "N'; " dated 313100, and "Visitor Information Booth," dated 313100 and revised 3110100, prepared by Tom Bossack, subject to the following condition: a. submission of an original or mylar copy and two paper copies of the final site plan to be retained by the Town of Ithaca. A vote on the MOTION resulted as follows: AYES: Wilcox, Ainslie, Mitrano, Thayer, Howe. NAYS: None. The MOTION was declared to be carried unanimously. AGENDA ITEM: SEAR Determination, Subdivision — 919 Elmira Road. Chairperson Wilcox opened this segment of the meeting at 7:42 p.m. Dave Raimon, 423 North Cayuga Street, stated that he is proposing to take the existing restaurant and use it as a catering and conference facility. The intent in the long term is to open it as a restaurant. He received a variance from the Zoning Board of Appeals with some limitations. He does not see anything that would have a factor on environmental issues. He is going to be putting in City water and sewer as soon as he closes on the property. Chairperson Wilcox stated that this is a subdivision that occurred without coming to the board for the proper approval. It was an oversight on someone's part. PLANNING BOARD PAGE 4 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED Jonathan Kanter, Director of Planning, stated that the reason this is before the board is to clean up the subdivision. The use is not the issue before the board. Mike Smith, Planner, presented three drawings to the board. The first drawing showed the original subdivision in 1997/1998 with two parcels, Number 9 and Number 8. The second drawing shows the subdivisions without the Town's approval into three parcels. The third parcel is a long strip in the back. The third drawing showed the approval before the Planning Board. It subdivides the parcel into two parcels. Chairperson Wilcox asked if the previous subdivision was approved by the County. Attorney Barney stated that there is a question on the form. It asks if subdivision approval is required. If the answer is yes, the next question asks if approval has been obtained. It is possible someone answered the question incorrectly. Mr. Kanter stated that at the time it happened the Town was made aware of it and the Town tried to work through the previous owner's attorney. It was not the applicant's fault it occurred. Chairperson Wilcox closed this segment of the meeting at 7:45 p.m. RESOLUTION NO. 2000 -43 - SEQR Preliminary & Final Subdivision Approval, Raimon 2 -Lot Subdivision. 919 Elmira Road. Tax Parcel No. 35- 1 -8.1. 35 -1 -8.2 and 35 -1 -9. MOTION made by Larry Thayer, seconded by Rod Howe. WHEREAS. 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No.'s 35- 1 -8.1, 35 -1 -8.2 and 35 -1 -9, totaling 30.62 +/- acres, into two lots, Parcel A (consisting of 3.56 +/- acres) and Parcel B (consisting of 27.06 +/- acres), located at 919 Elmira Road, Residence District R -30. The purpose of the proposed subdivision is to convey Parcel A, containing a restaurant and gravel parking area (formerly Turback's) to a new owner for use as a restaurant and catering facility, and to legalize and modify a previous subdivision which never received approval from the Town of Ithaca. The subdivision plat also shows a strip of land that was taken by the State of New York for creek maintenance and highway purposes which is now included as part of the State highway right - of -way. Michael S. Turback and Commercial Capital Corp., Owners; David J. Raimon, Applicant /Agent. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and PLANNING BOARD PAGE 5 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED 3. The Planning Board, on May 2, 2000, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part II prepared by Town Planning staff, a plat entitled, "Subdivision Map No. 919 Elmira Road — N.Y. S. Rte. 13, 34, & 96, " prepared by Lee Dresser, L. S., dated 3130100, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval, NOW THEREFORE BE I T RESOL VED. That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. A vote on the MOTION resulted as follows: AYES: Wilcox, Ainslie, Mitrano, Thayer, Howe. NAYS: None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No's. 35- 1 -8.1, 35 -1 -8.2 and 35 -1 -9, totaling 30.62 ± acres, into two lots, Parcel A (consisting of 3.56 ± acres) and Parcel B (consisting of 27.06 ± acres), located at 919 Elmira Road, Residence District R -30. The purpose of the proposed subdivision is to convey Parcel A, containing a restaurant and gravel parking area (formerly Turback's) to a new owner for use as a restaurant and catering facility, an to legalize and modify a previous subdivision which never received approval from the Town of Ithaca. The subdivision plat also shows a strip of land that was taken by the State of New York for creek maintenance and highway purposes which is now included as part of the Sate highway right -of -way. Michael S. Turback and Commercial Capital Corp., Owner; David J. Raimon, Applicant /Agent. Chairperson Wilcox opened the public hearing at 7:46 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 7:48 p.m. Attorney Barney asked how the restaurant is currently served by water. Mr. Salcolm, Attorney, stated that along with the deed that Mr. Raimon will receive, there is an easement to a spring that exists about 50 feet onto Mr. Turback's property. PLANNING BOARD PAGE 6 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED Attorney Barney stated that there are a couple of wells shown. Mr. Salcolm stated that Parcel A has a right for usage and access to a well located on Parcel B. It is connected and will remain connected until public water and sewer is connected. Attorney Barney asked if there would be an objection if there was a condition on the subdivision approval that an easement be granted and maintained until such a time that public water and sewer is available. Mr. Salcolm stated that there is an existing easement. They do not have a reason to give the easement up even after they have public water and sewer. It is part of the deed. Attorney Barney asked if this property is as far south as the public water and sewer will go. Mr. Salcolm stated that public water and sewer comes to the edge of the Turback property. They are going to have to cross the strip of 150 feet to get the public water and sewer. Mr. Kanter stated that it is close to the Town line. There is a Light Industrial zoned area to the south of the restaurant property. Public water and sewer could go down into this area as well. Board Member Ainslie asked if it could go down to Erhart's property. Mr. Kanter stated that it could go to the Town line. There is no reason to do it at this point. Mr. Smith stated that condition "b" and "c" could be eliminated. RESOL UTON NO. 2000 -44 - Preliminary and Final Subdivision Approval, Raimon 2 -Lot Subdivision, 919 Elmira Road, Tax Parcel No. 35- 1 -8.1, 35 -1 -8.2 and 35 -1 -9. MOTION made by Tracy Mitrano, seconded by James Ainslie. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No.'s 35- 1 -8.1, 35 -1 -8.2 and 35 -1 -9, totaling 30.62 +/- acres, into two lots, Parcel A (consisting of 3.56 +/- acres) and Parcel 8 (consisting of 27.06 +/- acres), located at 919 Elmira Road, Residence District R -30. The purpose of the proposed subdivision is to convey Parcel A, containing a restaurant and gravel parking area (formerly Turback's) to a new owner for use as a restaurant and catering facility, and to legalize and modify a previous subdivision which never received approval from the Town of Ithaca. The subdivision plat also shows a strip of land that was taken by the State of New York for creek maintenance and highway purposes which is now included as part of the State highway right - of -way. Michael S. Turback and Commercial Capital Corp., Owners; David J. Raimon, Applicant/Agent. PLANNING BOARD PAGE 7 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has, on May 2, 2000, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part 11 prepared by Town Planning staff, and 3. The Zoning Board of Appeals, on April 12, 2000, did grant a variance with conditions for the restaurant, catering operations and outdoor events, and 4. The Planning Board, at a Public Hearing held on May 2, 2000, has reviewed and accepted as adequate, a plat entitled, "Subdivision Map No. 919 Elmira Road — N. Y. S. Rte. 13, 34, & 96, " prepared by Lee Dresser, L. S., dated 3130100, and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 35- 1 -8.1, 35 -1 -8.2 and 35 -1 -9, totaling 30.62 +/- acres, into two lots, Parcel A (consisting Of 3.56 +/- acres) and Parcel B (consisting of 27.06 +/- acres), located at 919 Elmira Road, as shown on the plat entitled "Subdivision Map No. 919 Elmira Road — N. Y. S. Rte. 13, 34, & 96, " prepared by Lee Dresser, L.S., dated 3130100, subject to the following conditions: a. submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and two dark -lined prints, prior to filing with the Tompkins County Clerk's Office; b. submission to, and approval by the Attorney for the Town, of an easement for obtaining water from the well on Parcel B noted as "Note 3" on the subdivision plat for the benefit of Parcel A, such approval to be obtained prior to signing of the plat by the Chairperson. A vote on the MOTION resulted as follows: AYES: Wilcox, Ainslie, Mitrano, Thayer, Howe. NAYS. None. The MOTION was declared to be carried unanimously. PLANNING BOARD PAGE 8 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED OTHER BUSINESS: Chairperson Wilcox stated that there is a training session for Planning Board members Thursday, May 11, 2000 at TC3. Rebecca Rueben is coming from Albany to make the presentation. There was a letter included in the packet written to Margaret McSorely. It was a forceful letter. Chairperson Wilcox stated that he does hope that the Town would review it. Attorney Barney stated that there is going to be some discussion at the next Town Board meeting as to whether the Town wants to be the test case as to if the Town has the right to review the Cornell Incinerator Project. AGENDA ITEM: APPROVAL OF MINUTES — MARCH 21, 2000. RESOLUTION NO. 2000 -45 - Approval of Minutes — March 21, 2000. MOTION by Fred Wilcox, seconded by James Ainslie. RESOLVED, that the Planning Board does hereby approve and adopt the March 21, 2000 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, Ainslie, Mitrano, Thayer, Howe. NAYS: NONE. The MOTION was declared to be carried. AGENDA ITEM: SEAR Determination, Two -Lot Subdivision, 1006 Danby Road. Chairperson Wilcox opened this segment of the meeting at 7:58 p.m. Chairperson Wilcox stated that Mr. Macera is not present. This is a fairly clear two -lot subdivision. The board has Mr. Kanter's comments with regard to environmental review. One of the issues is what might eventually happen to the land. It is not something that the board needs to discuss at this point. It is subdivision, not site plan review. Mr. Kanter stated that Mr. Macera was clear that Ithacare did buy the property next to the Longview facility for possible future development. He would be the first one to discuss it with the board, but they do not have definite plans at this point. At some point they might also consider having a through access connecting through the parcel up to Danby Road. If that were to occur, the board would need to take a careful look at it. The driveway on the existing house has good sight distance. There is a little climb from the house to Danby Road. It would be similar to any driveway coming through the 75 -foot strip. It is narrow in between the gravel drive to this house and the driveway to the adjacent house to the south. There is not a lot of room. It is not part of the SEAR determination. PLANNING BOARD PAGE 9 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated that what they have done by reserving the 75 feet is to give themselves options. They also do not know what might happen on the existing Longview site. At the time that Longview was approved, there was some speculation about the room behind the site. It could allow room for additional construction. There is not much they can do on the property without Planning Board approval because of the SLUD zoning. Chairperson Wilcox closed this segment of the meeting at 8:03 p.m. RESOLUTION NO. 2000 -46 - SEQR. Preliminary and Final Subdivision Approval, Ithacare Center Services Two -Lot Subdivision. 1006 Danbv Road. Tax Parcel No. 39 -1 -3. MOTION made by Larry Thayer, seconded by Rod Howe. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -3, totaling 7.1 +/- acres, into two lots, Parcel A (consisting of 6.1 +/- acres) and Parcel B (consisting of 1.0 +/- acres), located at 1006 Danby Road, Residence District R -9. Parcel B, which contains an existing house, will be sold, and Parcel A will be retained by the current owner. Ithacare Center Service Company, Inc., Owner /Applicant; Mark A. Macera, Executive Director, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board on May 2, 2000, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Part 11 prepared by the Town Planning staff, a plat entitled "Subdivision Map No. 1006 Danby Road, Town of Ithaca, Tompkins County, New York," prepared by Allen T. Fulkerson, Licensed Land Surveyor, dated 312812000, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. A vote on the MOTION resulted as follows: PLANNING BOARD PAGE 10 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED AYES: Wilcox, Ainslie, Mitrano, Thayer, Howe. NAYS: None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -3, totaling 7.1 ± acres, into two lots, Parcel A (consisting of 6.1 ± acres) and Parcel B (consisting of 1.0 ± acres), located at 1006 Danby Road, Residence District R -9. Parcel B, which contains an existing house, will be sold, and Parcel A will be retained by the current owner. Ithacare Center Service Company, Inc., Owner /Applicant; Mark A. Macera, Executive Director, Agent. Chairperson Wilcox opened the public hearing at 8:03 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:04 p.m. Chairperson Wilcox stated that Mr. Macera and himself are related. They are third or forth cousins. RESOLUTION NO. 2000 -47 - Preliminary and Final Subdivision Approval, Ithacare Center Services Two -Lot Subdivision, 1006 Danby Road, Tax Parcel No. 39 -1 -3. MOTION made by Tracy Mitrano, seconded by James Ainslie. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -3, totaling 7.1 +/- acres, into two lots, Parcel A (consisting of 6.1 +/- acres) and Parcel B (consisting of 1.0 +/- acres), located at 1006 Danby Road, Residence District R -9. Parcel B, which contains an existing house, will be sold, and Parcel A will be retained by the current owner. Ithacare Center Service Company, Inc., Owner /Applicant; Mark A. Macera, Executive Director, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has on May 2, 2000, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part 11 prepared by the Town Planning staff, and 3. The Planning Board, at a Public Hearing held on May 2, 2000, has reviewed and accepted as adequate a plat entitled "Subdivision Map No. 1006 Danby Road, Town of Ithaca, Tompkins County, New York, " prepared by Allen T. Fulkerson, Licensed Land Surveyor, dated 312812000, and other application materials. PLANNING BOARD PAGE 11 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -3, totaling 7.1 +/- acres, into two lots, Parcel A (consisting of 6.1 +/- acres) and Parcel B (consisting of 1.0 +/- acres), located at 1006 Danby Road, as shown on a plat entitled "Subdivision Map No. 1006 Danby Road, Town of Ithaca, Tompkins County, New York, " prepared by Allen T. Fulkerson, Licensed Land Surveyor, dated 312812000, subject to the following conditions: a. revision of the plat to show the correct tax parcel number of the parcel to be subdivided (i.e., Tax Parcel No. 39 -1 -3); and b. submission of documentation of the proposed 10 foot wide easement for the existing sanitary sewer connection, for review and approval by the Town Engineer, prior to signing of the plat by the Planning Board Chair; and C. submission for signing by the Chair of the Planning Board of an original or mylar copy of the plat and three dark -line prints, all revised as per the above condition, prior to filing with the Tompkins County Clerk's Office. AND BE IT FURTHER RESOL VED: At this time, the Planning Board finds that there is no need for any park land reservation created by this proposed subdivision, and hereby waives the requirement for any park land reservation at this time, but determines that if there is any future subdivision of the remainder of Tax Parcel No. 39 -1 -3, the Planning Board may consider the need for future park land including in such consideration the original 7.1 +/- acres of land for which subdivision approval is being given by this resolution. A vote on the MOTION resulted as follows: AYES: Wilcox, Ainslie, Mitrano, Thayer, Howe. NAYS: None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed reconstruction of B -Lot, located between Tower Road, Caldwell Road, Campus Road PLANNING BOARD PAGE 12 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED and N.Y.S. Route 366 on Town of Ithaca Tax Parcel No.'s 63 -1 -3.1 and 63 -1 -12, Residence District R -30. The two -phase parking lot modifications include removing the narrow islands and increasing the landscaping around the perimeter of the lot and in the main planting islands, replacing the lighting, improving the drainage, and repaving of the parking areas and drives. Cornell University, Owner /Applicant; Kim Martinson, Agent. Chairperson Wilcox stated that there is no SEQR Determination because it is a routine activity of an educational institution. Kim Martinson, Cornell University, stated that this is the second phase of a two -phase project. Last year they brought forward Campus Road Segment 8, which was Phase I. The road was in bad need of repair. It was an ideal time to look at the unsafe condition of the parking lot and road. Previously there were several entrances /exits onto the road from the parking lot. They wanted to reduce the number of openings to 4. By doing so they modified the layout of the parking lot. Closing entrances changed the traffic flow. They created an internal driving lane at that time. They did present schematic designs in Phase I. It did look very similar to the current plan. They wanted to re- do the lot to improve traffic flow. This project is driven by two reasons. One, the curbing is very damaged. The paving is in need of routine maintenance. It is considered a maintenance project. It also gave them the opportunity to look at the lot and see how it could be reconfigured. This allowed them to gain additional parking spaces. The parking spaces were lost during several years of construction on the Vet School. There were approximately 160 parking spaces lost. There were also about 78 parking spaces lost as part of Phase I. This phase is to gain the parking spaces back and to beautify and do routine maintenance on the lot. The project consists of removing the small islands and improving the lighting layout. The current lights are being replaced with the Cornell standard campus sharp cut -off lights. It will direct the light downward. It will also improve the appearance of the lighting. They are doing some drainage repairs to catch basins and damaged pipe. The landscaping will be increased on the three larger islands and along the perimeter of the lot. Laurene Gilbert, Cornell University, stated that the general theme for the landscape plan was to increase the landscaping within the landscape islands and around the perimeter of the parking lot. They are going to use plant materials that they felt were associated with the agricultural character of the area. They thought that they would draw some of the feeling of the Orchards into the parking lot. The islands replicate hedgerows that might be found in an open field. They are trying to break the lot up into three lots with large areas of plantings. The islands are also raised up above the paving. They do serve as grade changes within the parking lot. Ms. Gilbert stated that there is a monoculture of plantings. There is a line of Red Maple along Route 366. Within each island there are only four or five large trees. They would like to keep the existing trees, but add some Maples, Black Locust, Washington Hawthorne, Siberian Crabapple, Service Berry, and White Flowering Dogwood. They would also have a couple different shrubs of Dogwood. They have tried to include country plantings. PLANNING BOARD PAGE 13 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED The berming of Route 366 is something that they have had on the docket for years, but never were able to do. They never had a project to tie it into. They thought it was a good opportunity to add some grade change to the flat area along Route 366. The vegetation would create a subtle screen. It would not be a solid screen of vegetation. It would be along the lines of A -Lot. There are only five Black Locust proposed. She would gladly change it to Hickory if the board chose Ms. Martinson stated that the parking lot is a private permitted lot. In order for someone to park in the lot, they would need to obtain a permit. If this person had handicap accessible needs, it would be addressed at the time the permit was requested. The thirty -two parking spaces along the westernmost part of the lot are open to the public as a metered lot. It does have two parking spaces assigned for handicap access. The rationale for not showing handicap accessible parking spaces in the remaining area of the lot is if someone does need handicap accessible parking, they will be placed central to campus or adjacent to the building they are going to. It would be rare that they were placed in A -Lot or B -Lot. Several of the lots on campus are above ADA requirements for handicap accessibility. Cornell University tries to assist them by placing them as close to the building as possible. All spaces are striped with a width that if the need does arise in the future, they do have a contract on campus and the space could be assigned. Transportation is always available. Board Member Mitrano asked why is there a problem with the Black Locust trees. Chairperson Wilcox stated that the board received a letter from the Tompkins County Department of Planning. They point out that Robert Wesley lists the Black Locust as an invasive species. Mr. Wesley has done work for the applicant and for the Town. Mr. Kanter stated that the list does not say how invasive the species are. It does not tell in what circumstances they might tend to be worse than others are. It does need to be used judiciously. Ms. Gilbert stated that Red Maple could be considered an invasive species, but it is not on the list. Anyone who has a red maple in their yard notices hundreds of seedlings coming up. People are able to mow them down. In a controlled situation, some invasive species are not really invasive. Board Member Mitrano stated that this seems like an improvement over the area. Chairperson Wilcox stated that the County does not comment on the fact that there is technically an insufficient number of parking spaces. The County either agrees with the position that the applicant has taken, or they did not notice the potential need for more spaces. They think that there should be a couple more spaces near the bus stop. The safety issue with the islands is an interesting point. Islands were added to the East Hill Plaza to try to direct the flow of traffic. It is very difficult to remove snow because there are so many islands in the lot. He accepts it as reasonable given the way it is currently configured. Reducing the PLANNING BOARD PAGE 14 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED number of islands is reasonable. People do not need to drive through this parking lot to get somewhere. That was the problem with East Hill Plaza. Mr. Kanter stated that these cars would be in the parking lot all day. They are not in and out. Board Member Mitrano stated that she does not see snow removal as a problem. If there is a problem, it is not a problem for the Town. Board Member Ainslie asked if the islands require maintenance. Ms. Martinson responded that the islands do need to be hand mowed. They vary in width from 7 to 10 feet. The current islands cannot be seen during the day when the parking lot is filled. Board Member Mitrano asked if that would change as the trees mature. Ms. Martinson responded that even if there were trees in the current islands, they would take a lot of tender loving care to get them to a substantial height. Ms. Gilbert stated that they never designed an area to plant on in that fashion. There is a 10- foot wide strip with 3 -feet over hanging for each car. It leaves a 4 -foot area for trees to grow. grow Board Member Mitrano asked if the islands would be more visible as the trees mature. Ms. Gilbert stated that the new islands are 30 -foot islands. There is plenty of room for trees to Chairperson Wilcox asked if anyone would offer an opinion on the handicap accessible parking spaces. Daniel Walker, Director of Engineering, stated that this is a parking lot for the entire campus. If you were to count the number of handicap accessible parking spaces on the entire campus, there would be an excess of parking spaces that are required for the square footage. Mr. Kanter stated that Mr. Frost is unresolved on how he will handle it when they come in for a building permit. This will need to go through the building permit process. He is not sure how the State Building Code requirements will apply to this situation. This parking lot is not associated with a particular building. Chairperson Wilcox stated that this parking lot does become a public parking area on the weekend. Attorney Barney stated that he does not know what the code says in regard to handicap accessible parking spaces. He does think that it is a valid reason for not including the parking spaces. PLANNING BOARD PAGE 15 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated that the proposed resolution does not state a number of handicap spaces. It did ask for submission of required parking spaces. Mr. Kanter stated that the board could eliminate the condition on the handicap accessible parking spaces. It could be left to the discretion of the Director of Building /Zoning. Chairperson Wilcox stated that he would not like to see it decided that the applicant needs 20 more handicap accessible parking spaces and it be required for them to come back before the board. It would be nice to have verbiage that stated if they are required, then they could revise the appropriate drawings. Mr. Walker stated that there is nothing in the Code that is determining how many spaces are required. Mr. Kanter stated that there is. There is a portion of the State Uniform Fire Prevention Building Code for educational institutions. They are classified as C5 uses when they are associated with a specific building. It does state that any parking lot or parking garage that is in that classification according to the numbers of spaces it has. There is a table that lists the required number of handicap accessible parking spaces. There is a number. The question is if the number is appropriate to be applied to this lot. Mr. Walker asked if it is for one lot, or is it for all the parking on the campus. Mr. Kanter stated that this is the area that needs to be interpreted. He would like to leave it as flexible as possible. Attorney Barney stated that he thinks that the language in the resolution is appropriate. Chairperson Wilcox stated that it is Mr. Frost's job to interpret the number that it is needed. It is the job of the Planning Board to decide if they are in the appropriate location. Some of that responsibility can be delegated to the Director of Planning. Attorney Barney asked the Planning Board if they had a strong feeling about where the handicap accessible spaces should be located. stops Chairperson Wilcox stated that the handicap accessible parking spaces should be near the bus Attorney Barney stated that they could specify that in the resolution. Chairperson Wilcox asked the board how they felt about the Black Locust being an invasive species. PLANNING BOARD PAGE 16 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED Board Member Howe stated that Ms. Gilbert's point was well taken. He feels fine with the Black Locust. Mr. Kanter stated that staff did suggest in the resolution that there be additional landscaping around the perimeter of the lot. Ms. Gilbert stated that it is the same types of plants, but more. They are located along the perimeter of the parking lot. Chairperson Wilcox asked how high is the berm proposed to be. Ms. Martinson responded that the berm would be between three and five feet. Ms. Gilbert stated that it would not be one solid berm. It would be as natural looking as they can get it. Board Member Ainslie asked if they are going to bring fill in. Ms. Gilbert stated that the contractor is responsible for bringing in fill. Chairperson Wilcox opened the public hearing at 8:42 p.m., and asked if any member of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:43 p.m. Mr. Kanter stated that he would like to take out the reference to the New York State Uniform Fire Prevention and Building Code. It needs to be more general. He does not want to tie it into the State building code if in fact that is not applicable. Attorney Barney stated that it could be changed to any applicable codes. RESOLUTION NO. 2000 -48 - Preliminary and Final Site Plan Approval, Cornell University — B -Lot Reconstruction Between Tower, Caldwell Road, Campus Road and Rt. 366. MOTION made by Tracy Mitrano, seconded by Larry Thayer. WHEREAS: 1. This action is the consideration of Preliminary and Final Site Plan Approval for the proposed reconstruction of B -Lot, located between Tower Road, Caldwell Road, Campus Road and N.Y.S. Route 366 on Town of Ithaca Tax Parcel No's. 63 -1 -3.1 and 63 -1 -12, Residence District R -30. The two -phase parking lot modifications include removing the narrow islands and increasing the landscaping around the perimeter of the lot and in the main planting islands, replacing the lighting, improving the drainage, and repaving of the parking areas and drives. Cornell University, Owner /Applicant; Kim Martinson, Agent, and PLANNING BOARD PAGE 17 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED 2. This is a Type II Action pursuant to the New York State Environmental Quality Review Act, 6NYCRR Section 617.5 (c) (8), which is not subject to environmental review, and 3. The Planning Board, at a Public Hearing on May 2, 2000, has reviewed and accepted as adequate a site plan submission which includes drawing sets entitled 'B -Lot Modification East," Sheets T -01 and C -01 through C -09, and "B -Lot Modification West," Sheets T -01, C -01 through C -11 and E -01, all prepared by Cornell University Planning, Design and Construction, dated March 29, 2000, 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 site plan as shown in a site plan submission which includes drawing sets entitled 'B- Lot Modification East," Sheets T -01 and C -01 through C -09, and "B -Lot Modification West," Sheets T -01, C -01 through C -11 and E -01, all prepared by Cornell University Planning, Design and Construction, dated March 29, 2000, and other application materials, subject to the following conditions to be met prior to the issuance of any building permits: a. Obtaining of any necessary variances from the Zoning Board of Appeals; and b. Submission of record of application for and approval status of all necessary permits from county, state, and /or federal agencies; and C. Submission of a revised Planting Plan (Sheet C -10) showing additional low to moderate height plantings, particularly along the southeast and east edges of the parking lot perimeter, for review and approval by the Director of Planning; and d. If required, submission of revised Striping Plans (Sheets C -08 East and C -09 West) showing locations and dimensions of the required number of handicap accessible parking spaces to be located as close to the bus stops as reasonably practicable, to be approved by the Director of Planning and the Director of Building and Zoning before issuance of any building permit, pursuant to the requirements of any applicable laws or codes; and e. Submission of revised Grading Plans (C -04 East and West) to include the name and seal of the registered land surveyor or engineer who prepared the topographic survey; and PLANNING BOARD PAGE 18 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED f. Submission of one original or mylar copy and two paper copies of the final site plan (East: Sheets T -01, C -01, C -04, C -07, C -08, and C -09; and West: Sheets T -01, C- 01, C -04, C -07, C -08, C -09, C -10, C -11, and E -01), revised according to the conditions listed above, to be retained by the Town of Ithaca. A vote on the MOTION resulted as follows: AYES: Wilcox, Ainslie, Mitrano, Thayer, Howe. NAYS: None. The MOTION was declared to be carried unanimously. OTHER BUSINESS: Mr. Kanter asked if the board had any questions regarding the letter to Ms. Mcsworely. Chairperson Wilcox stated that it has not been in the public eye in the past few months. The letter means that the State is starting to move forward again. Sometime in the future it will be back in the papers. Mr. Kanter stated that the Cornell Community Waste Management Advisory Committee (COWMAC) might start to meet again to oversee the review process. Board Member Mitrano asked where the board stood with Big Al. Mr. Kanter stated that there is a meeting scheduled for Wednesday, May 3, 2000, with David Herrick and Mickey Herzing to go over the plans. Board Member Mitrano stated that she does trust Mr. Herrick. Mr. Walker stated that TG Miller has been involved. They prepared the as -built map, which was about two years late. It clearly showed that it was not built to the original plan. Mr. Walker stated that his review of it was to build it to the original plan and clean it up. He is not sure why they are having a meeting. It is clear that they have an approved plan and they should finish it. Chairperson Wilcox stated that he thinks this is taking too long. Their Temporary Certificate of Occupancy should be expiring soon. Attorney Barney stated that he received a call from Bill Seldin. Mr. Seldin explained that the reason for delay was Mr. Herrick. That Mr. Herrick had been very buried with other work. Chairperson Wilcox asked when Mr. Herzing was before the board trying to get approval for his revisions. Did the board ask him to come back within 90 days? PLANNING BOARD PAGE 19 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED Board Member Howe stated that it was before he was appointed. Chairperson Wilcox stated that the Certificate of Occupancy is leverage for the Town, but not a lot Attorney Barney stated that the situation is not clear -cut. It is an area where it is better to try to work out arrangements. Mr. Walker stated that spring is here and it is time to do landscaping. Chairperson Wilcox stated that the revised plan had the tanker parking on the State right -of- way Mr. Walker asked how does the Town enforce Mr. Herzing not to do it even if the site plan is changed. Attorney Barney stated that the Town could refuse to issue a permanent Certificate of Occupancy. Board Member Mitrano asked how often do the tankers come. Mr. Walker responded it depends upon how much gas is sold. It could be weekly or every two days Board Member Mitrano stated that she is fine with letting it go even though he has stretched out the time. She feels more comfortable knowing that Mr. Herrick is involved with the project and that Mr. Seldin is calling. The tanker on Route 96 is a concern. Chairperson Wilcox stated that he does not think that it is on the pavement, but it is within the right -of -way. Board Member Mitrano asked what the Town could do. Attorney Barney stated that they are holding a meeting. They will see what the time frame is. Chairperson Wilcox asked if they could call the State Police if they see the tanker parked in the right -of -way. Attorney Barney stated he does not think there is anything illegal about a tanker parking on the side of the road. Board Member Mitrano asked if there is any way to record the number of times it is being done. PLANNING BOARD PAGE 20 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED Attorney Barney stated that they would need to post someone up there to count. Board Member Ainslie stated that there are no provisions on his property requiring him to keep the tanker entirely on this property. Mr. Walker stated that on the original site plan he was going to fill up from the parking lot side. Part of the reason for putting the detention pond in was another buffer so that if there were spill when he was filling it would go into the pond. Board Member Ainslie asked why couldn't he be requested to do so. Mr. Walker stated they changed it some. The tanker does not sit level in the driveway because the elevation was changed when the building was put in. They did not control grades well. Their contractor did not read the plans well. Unfortunately, it was not enforced well by the Building Department. Attorney Barney stated that they did hit bedrock. Mr. Walker stated that it would have been more expensive to cut it deeper. They decided not to go as deep. They did not think of the impact on the rest of the building. Mr. Walker stated that when he parks at the building it feels as if his car is going to roll back into the fuel pump. Chairperson Wilcox stated that the configuration would need to be changed. Mr. Kanter stated that it was a matter of convenience. He did talk with Mr. Herzing about the plans. It was indicated that they would go back to the original way the drainage basin was supposed to be. Mr. Herzing has talked with the oil companies and they have worked out a way to get the tankers on the site. It might be difficult, but it is doable. Chairperson Wilcox stated that the board was given designs for the canopy lights and how they would be recessed. Then it was changed. He found another set of lights that were cheaper. The light problem was exacerbated due to the elevation of the building. Deciduous trees were to be planted behind the building. He claimed that they get into the intakes of the air conditioning. No one else is having the problem. The trees buffer the neighboring properties. Board Member Ainslie asked if the meeting would clear up the tanker problem. Mr. Kanter stated that the meeting is to handle the drainage. Chairperson Wilcox stated that he thinks that Mr. Herrick will do the right thing. Mr. Herrick does not work for the Town, but he has professional standards. Mr. Walker stated that the State is in the process of designing the Route 366 Cascadilla Bridge. They will be holding a public hearing to get comments. It will impact the intersections of Judd Falls Road and Pine Tree Road. He has not seen any specific plans. PLANNING BOARD PAGE 21 MAY 2, 2000 APPROVED - APPROVED - APPROVED - SEPTEMBER 5, 2000 - APPROVED - APPROVED - APPROVED Mr. Kanter stated that it is Thursday, May 18th at 6:30 p.m. at the Boynton Middle School Cafeteria. Chairperson Wilcox asked if Cornell University moved Judd Falls Road to the east about 30 years ago. Mr. Walker responded that Cascadilla Creek was relocated at one point. He is not sure what the original configuration was. He knows that where Cascadilla Creek is now they moved when they did work on the Synchrotron. It would have been difficult to change it because of the grade. When they built the jug handle that end was reconfigured. Attorney Barney stated that it has been the way it is now since 1966. If it was changed then it was before 1966. ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the May 2, 2000 meeting of Town of Ithaca Planning Board duly adjourned at 9:03 p.m. Respectfully submitted: Carrie L. Coates, Deputy Town Clerk.