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HomeMy WebLinkAboutPB Minutes 2000-11-21TOWN OF ITHACA PLANNING BOARD TUESDAY, NOVEMBER 21, 2000 The Town of Ithaca Planning Board met in regular session on Tuesday, November 21, 2000, in Town Hall, 215 North Tioga Street, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; Tracy Mitrano, Board Member; Larry Thayer, Board Member; Rod Howe, Board Member; Jonathan Kanter, Director of Planning; John Barney, Attorney for the Town (7:37 p.m.); Susan Ritter, Assistant Town Planner; Mike Smith, Environmental Planner. EXCUSED: Dan Walker, Director of Engineering. OTHERS: Nina Miller, 172 East King Road; David Banfield, 172 East King Road; Walter Wiggins, John Thomas Restaurant; David Bravo - Cullen, Cornerstone Architects; Scott Hamilton, 201 Christopher Lane. Chairperson Wilcox declared the meeting duly opened at 7:33 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 November 13, 2000, and November 15, 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 November 15, 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. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Wilcox opened this segment of the meeting at 7:34 p.m., and asked if any members of the public wished to be heard. James Ainslie, McGraw House, stated that he received a very nice resolution of appreciation from the Town Board. He also received the card from the Planning Board wishing him well. He would like to thank everyone for the card. He is very happy to see the new facilities. Chairperson Wilcox closed this segment of the meeting at 7:35 p.m. AGENDA ITEM: SEAR Determination, Hospicare - Alterations for Elevator, 172 East King Road. Chairperson Wilcox opened this segment of the meeting at 7:35 p.m. David Banfield, 172 East King Road, stated he is the chairperson of the Hospicare Foundation Board. It is the entity that owns the building on East King Road. The first item is the final PLANNING BOARD PAGE 2 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED construction of the elevator. They are required to have an elevator by the American Disabilities Act. Provisions were made for a caretaker's apartment during original construction of the residence. It was not economically feasible. They have rented the apartment for the needed income. They need office space at this time. They would like to use the apartment as office space. Mr. Banfield stated they have a problem with the front door. In the wintertime it let in an enormous amount of cold air. The original builder is proposing a double door so that the heat does not escape the building. Mr. Banfield stated he does not see any potential environmental problems. Chairperson Wilcox closed this segment of the meeting at 7:38 p.m. RESOLUTION NO. 2000 -92 - SEQR, Preliminary and Final Site Plan Approval, Alterations to Hospicare of Tompkins County, Inc., 172 East King Road, Tax Parcel No. 44.2 -1 -2. 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 alterations to Hospicare of Tompkins County. The proposed alterations include constructing a limited use elevator, remodel an existing apartment into a meeting room and office, and enclose the breezeway for the elevator, lobby and office. The proposed development is located at 172 East King Road, Residential District R -30. Hospicare of Tompkins County, Inc., Owner /Applicant. 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 Site Plan Approval, and 3. The Planning Board, on November 21, 2000, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I submitted by the applicant and a Part II prepared by the Town Planning Department, a site plan submission which includes drawings entitled "Proposed Site Plan ", "Proposed Alteration No. Al and A2 ", and "Exterior Elevations & Section at Elevator No. A3 -1, A3 -2, and A3 -3" dated October 24, 2000, prepared by DKL/Architecture P.C., and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed site plan for Alterations to Hospicare of Tompkins County, Inc. 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 PLANNING BOARD PAGE 3 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, 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 alterations to Hospicare of Tompkins County located at 172 East King Road, Town of Ithaca Tax Parcel No. 44.2 -1 -2, Residence District R -30. The proposed alterations include construction a limited use elevator, remodel an existing apartment into a meeting room and office, and enclose the breezeway for the elevator, lobby and office. Hospicare of Tompkins County, Inc., Owner /Applicant. Mr. Banfield stated he would like to thank the Planning Department for extending the grace period by which they had to do the application. Mr. Kanter stated it was the Building and Zoning Department that the applicant had mostly dealt with. Chairperson Wilcox opened the public hearing at 7:40 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 7:41 p.m. Board Member Hoffmann stated she has a question about drawing A2. It looks like the areas where there will be changes are drawn with solid black lines. Mr. Banfield responded the dashed lines are windows. Board Member Hoffmann stated there are solid black lines near what looks like a stairway. Nina Miller, 172 East King Road, stated she is not sure. She is not an architect. The architect did not talk about changing the outside wall structure. The upstairs might be reflected in the drawing. Mr. Banfield stated the first floor walls might be done in solid black lines. The second floor walls are the lighter color lines with windows. Board Member Hoffmann stated the solid black line wall comes off at a different angle. Mr. Banfield stated there are no structural alterations to the east side of the building. Board Member Thayer stated the line appears to be the basement wall. PLANNING BOARD PAGE 4 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED Mr. Banfield stated the breezeway would be enclosed. Board Member Hoffmann stated she does not have the previous drawings to compare. Attorney Barney asked Board Member Hoffmann what she was concerned about. Board Member Hoffmann stated there is a solid black line on drawing A2. It seems to be overhanging another wall. Attorney Barney stated the line is on the opposite side of the building of the proposed construction. new Board Member Hoffmann stated it is on the opposite side of the building, but it seems to be Board member Thayer stated it is consistent with the basement drawing. Mr. Banfield explained the drawing to Board Member Hoffmann. RESOLUTION NO. 2000 -93 - Preliminary and Final Site Plan Approval, Alterations to Hospicare of Tompkins County, Inc., 172 East Kinq Road, Tax Parcel No. 44.2 -1 -2. MOTION made by George Conneman, seconded by Larry Thayer. WHEREAS: 1. This action is the Consideration of Preliminary and Final Site Plan Approval for the proposed alterations to Hospicare of Tompkins County. The proposed alterations include construction a limited use elevator, remodel an existing apartment into a meeting room and office, and enclose the breezeway for the elevator, lobby and office. The proposed development is located at 172 East King Road, Residential District R -30. Hospicare of Tompkins County, Inc., Owner /Applicant. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval, has, after reviewing and accepting as adequate a Short Environmental Assessment Form Part I submitted by the applicant and a Part 11 prepared by the Town Planning Department, on November 21, 2000, made a negative determination of environmental significance, and 3. The Planning Board, at a Public Hearing on November 21, 2000, has reviewed a site plan submission, which includes drawings entitled 'Proposed Site Plan, Proposed Alteration No. Al and A2, and Exterior Elevations & Section at Elevator No. A3 -1, A3 -2, and A3 -3" dated October 24, 2000, prepared by DLWArchitecture P.C., and other application materials. NOW, THEREFORE, BE IT RESOLVED: PLANNING BOARD PAGE 5 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED 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 Checklist, 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 to the proposed action as shown in a site plan submission which includes drawings entitled, "Proposed Site Plan ", "Proposed Alteration No. Al and A2 ", and "Exterior Elevations & Section at Elevator No. A3 -1, A3 -2, and A3 -3" dated October 24, 2000, prepared by DLK/Architecture P. C., and other application materials, subject to the following condition: a. submission of an original or mylar copy of the final site plan to be retained by the Town of Ithaca. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe. NAYS: None. The motion was declared to be carried unanimously. AGENDA ITEM: SEQR Determination, John Thomas Steakhouse Addition, 1152 Danby Road. Chairperson Wilcox opened this segment of the meeting at 7:50 p.m. Wally Wiggins, 961 Taughannock Boulevard, stated he is proposing an addition of a dining room. It is about 30 feet by 40 feet. It is designed to be compatible with the existing building. The existing building is about 150 years old. They have put in two new bathroom facilities to accommodate the disabled. The old facilities were not accommodating the needs of the guests. Chairperson Wilcox stated the County in their 239 review, indicated that plans to control erosion and runoff should be in effect during as well as after construction of the proposed addition to avoid impacts on the Unique Natural Areas. Ms. Ritter stated the UNA is about 1,000 feet away. The nearest creek is over 100 feet away. She did not see a problem with drainage on the site. The entire area is surrounded by grass lawn. Any runoff could be treated through the grass lawn. Mr. Wiggins stated the Green Room would now be a lounge. People would come without reservations. They did not have a waiting area for them. This allows for an area for them to wait. It takes away 10 to 12 seats in the dining area. Board Member Mitrano asked if the service bar would be moved downstairs. PLANNING BOARD PAGE 6 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED Mr. Wiggins stated the service bar would remain in its current location. It would serve as a service bar on the weekends. The downstairs bar would serve as the service bar during the week. Chairperson Wilcox closed the public hearing at 7:55 p.m. RESOLUTION NO. 2000 -94 - SEQR Preliminary and Final Site Plan Approval, John Thomas Steakhouse Restaurant -Addition, 1152 DanbV Road, Tax Parcel No. 36.- 1 -4.2. MOTION made by Tracy Mitrano, seconded by Eva Hoffmann. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan approval for a 1736 square foot addition to the John Thomas Steakhouse Restaurant located on Danby Road in the Town of Ithaca, Tax Parcel No. 36.- 1 -4.2, Special Land Use District #1. The proposed addition includes 1512 square feet for additional dining room and bathroom space, and 224 square feet for storage space. Walter J. Wiggins, Owner; Ralph Varne, Applicant/Agent; and David Klein, Architect, and 2. This is an Unlisted Action, in accordance with Town of Ithaca Environmental Review Law (local law No. 5, 1988), for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board, on November 21, 2000, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1 prepared by the applicant, Part II prepared by the Town Planning staff, project plans entitled, "Addition for John Thomas Steak House'; Sheet 1 "First Floor Plan"; Sheet 2 "Foundation Plan'; Sheet 3 "Elevations'; and Sheet 4 "Site Plan, Second Floor Plan'; all dated 101112000, and other application material, and 4. The Town Planning staff have recommended a negative determination of environmental significance with respect to the proposed site plan; 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, an Environmental Impact Statement will not be required. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe. NAYS: None. The motion was declared to be carried unanimously. PLANNING BOARD PAGE 7 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed 1,736 ± square foot addition to John Thomas Steakhouse, located at 1152 Danby Road, Town of Ithaca Tax Parcel No. 36- 1 -4.2, Special Land Use District #1. The proposed addition includes 1,512 ± square feet of dining room and bathroom space and 224 ± square feet of storage space. Walter J. Wiggins, Owner /Applicant; Ralph Varn, Agent. Chairperson Wilcox opened the public hearing at 7:55 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 7:56 p.m. Board Member Hoffmann asked if the storage space would be located above the dining room. Mr. Wiggins responded yes. It will not be used for anything but storage. Board Member Hoffmann stated she noticed the architect is David Klein. She does not see his name on the drawings. Mr. Wiggins stated Mr. Klein approved the drawings. Board Member Hoffmann stated they should have the architect indicated on the drawing. What is the role of the architect? Mr. Wiggins responded Mr. Klein supervised and approved the drawings. Mr. Kanter stated the board could make a condition that an architect certifies the mylar. RESOLUTION NO. 2000 -95 - Preliminary and Final Site Plan Approval, John Thomas Steakhouse Restaurant - Addition, 1152 Danby Road, Tax Parcel No. 36.4-4.2. MOTION made by Rod Howe, seconded by Larry Thayer. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan approval for a 1, 736 square foot addition to the John Thomas Steakhouse Restaurant located on Danby Road in the Town of Ithaca, Tax Parcel No. 36.4-4.2, Special Land Use District #1. The proposed addition includes 1,512 square feet for additional dining room and bathroom space, and 224 square feet for storage space. Walter J. Wiggins, Owner, Ralph Varn, Applicant /Agent; and David Klein, Architect, and 2. This is an Unlisted Action, pursuant to Town of Ithaca Environmental Review Law (local law No. 5, 1988), for which the Town of Ithaca Planning Board acting as lead agency in environmental review with respect to Site Plan Approval has, on November 21, 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 II prepared by the Town Planning staff, and PLANNING BOARD PAGE 8 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED 3. The Planning Board, at a Public Hearing held on November 21, 2000, has reviewed and accepted as adequate for Preliminary and Final Site Plan approval, plans entitled "Addition for John Thomas Steak House", Sheet 1 "First Floor Plan", Sheet 2 "Foundation Plan", Sheet 3 "Elevations ", Sheet 4 "Site Plan, Second Floor Plan ", all dated 101112000, and other application material, and 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 Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed 1736 square foot addition to the John Thomas Steakhouse Restaurant located on Danby Road in the Town of Ithaca, Tax Parcel No. 36.- 1 -4.2, as shown on the submitted site plans entitled, "Addition for John Thomas Steak House ", Sheet 1 "First Floor Plan ", Sheet 2 "Foundation Plan ", Sheet 3 "Elevations ", Sheet 4 "Site Plan, Second Floor Plan ", all dated 101112000, and other application materials, subject to the following conditions: a. submission of an original or mylar copy of the final site plan to be retained by the Town of Ithaca, to include all of the above drawings, and which are to be stamped as approved by a licensed architect. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe. NAYS: None. The motion was declared to be carried unanimously. AGENDA ITEM: SEAR Determination, Judd Falls Plaza - Addition of Signage, 350 Pine Tree Road. Chairperson Wilcox opened this segment of the meeting at 8:01 p.m. David Bravo - Cullen, Cornerstone Architects, stated the applicant is proposing to add signage to the front of the Subway, pizza and ice cream restaurant adjacent to Ides Bowling Lanes. He believes there is no adverse environmental impact. They have a sign that conforms to the Sign Law. Chairperson Wilcox closed this segment of the meeting at 8:02 p.m. RESOLUTION NO. 2000 -96 - SEQR Site Plan Modification, Addition of Signage to Subway Restaurant, 3301350 Pine Tree Road, Tax Parcel No. 62 -1 -1, 62- 1 -2.1, 62 -1 -2.2 and 62- 1 -3.2. PLANNING BOARD PAGE 9 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED MOTION made by Larry Thayer, seconded by Tracy Mitrano. WHEREAS. 1. This action is consideration of Site Plan Modification to the Judd Falls Plaza located at 3301350 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62 -1 -1, 62- 1 -2.1, 62 -1 -2.2 and 62- 1 -3.2, Business District C. The modification includes the addition of signage for the Subway, Purity Ice Cream, and Noble Roman's Pizza on the front of the building facing Pine Tree Road. The previous approval did not include any signs on the front of the building. Scott M. Hamilton, Owner /Applicant; David Bravo - Cullen, Cornerstone Architects, 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 Site Plan Approval, and 3. The Planning Board, on November 21, 2000, has 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, plans entitled "Judd Falls Plaza — Subway Shop Street Elevation," sheet Al, dated 8 -15 -00 and revised 9- 21 -00, prepared by Cornerstone Architects, and other application material, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan 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, an Environmental Impact Statement will not be required. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe. NAYS: None. The motion was declared to be carried unanimously. PUBLIC HEARING: Consideration of Site Plan Modification to the Judd Falls Plaza located at 350 Pine Tree Road, Town of Ithaca Tax Parcel No. 62 -1 -1, 62- 1 -2.1, 62- 1 -2.2, 62- 1 -3.2, Business District C. The modification includes the addition of signage for the Subway, Purity Ice Cream, a Noble Roman's Pizza on the front of the building facing Pine Tree Road. The previous approval did not include any signs on the front of the building. Scott M. Hamilton, Owner /Applicant; David Bravo - Cullen, Cornerstone Architects, Agent. PLANNING BOARD PAGE 10 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED 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. Board member Thayer stated he assumes the Subway sign will be curved letters with arrows on the "Y" and "S ". Board Member Hoffmann asked if the sign would be backlit. Mr. Bravo - Cullen stated they are channel letter signs. The letters are 5 inches deep. They will sit on the face of the building. They are lights behind colored lens. Board Member Hoffmann asked what is the reason for removing the center window. Mr. Bravo - Cullen stated the window did not work with the interior floor plan. It is in the vicinity of the sink. The window did not work well with the changes to the building. Board Member Hoffmann stated drawing A3 needs to be changed to show the removal of the window. The sign is more suitable to the location. Chairperson Wilcox stated the sign shown on drawing Al does not match the sign on the other drawings. The drawings need to reflect what is being proposed. Mr. Bravo - Cullen stated it is the Subway copy righted logo. His computer does not carry the font. Chairperson Wilcox stated he does need to change the drawing to show the appropriate sign. It could be with a footnote. The drawings determine what has to be done. RESOLUTION NO. 2000 -97 - Site Plan Modification, Addition of Signage to Subway Restaurant, 3301350 Pine Tree Road, Tax Parcel No. 62 -1 -1, 62- 1 -2.1, 62 -1 -2.2 and 62- 1 -3.2. MOTION made by Tracy Mitrano, seconded by George Conneman. WHEREAS: 1. This action is consideration of Site Plan Modification to the Judd Falls Plaza located at 3301350 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62 -1 -1, 62- 1 -2.1, 62 -1 -2.2 and 62- 1 -3.2, Business District C. The modification includes the addition of signage for the Subway, Purity Ice Cream, and Noble Roman's Pizza on the front of the building facing Pine Tree Road. The previous approval did not include any signs on the front of the building. Scott M. Hamilton, Owner /Applicant; David Bravo - Cullen, Cornerstone Architects, 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 Site Plan Approval, has, on November 21, 2000, made a negative determination of environmental significance, after having reviewed and accepted as PLANNING BOARD PAGE 11 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on November 21, 2000, has reviewed and accepted as adequate, plans entitled "Judd Falls Plaza — Subway Shop Street Elevation, " sheet A -1, dated 8 -15 -00 revised 9- 21 -00, prepared by Cornerstone Architects, and other application material. NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for 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 addition of signage to the Judd Falls Plaza located at 3301350 Pine Tree Road, Town of Ithaca Tax parcel No.'s 62 -1 -1, 62- 1 -2.1, 62 -1 -2.2 and 62- 1 -3.2, Business District C, as shown on plans entitled "Judd Falls Plaza — Subway Shop Street Elevation," sheet A -1, dated 8- 15-00 revised 9- 21 -00, prepared by Cornerstone Architects, subject to the following condition: a. submission of an original or mylar copy of the final plan, to be retained by the Town of Ithaca, which shall include modification of all drawings to show removal of the center window and a detail showing the actual lettering of the Subway sign. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe. NAYS: None. The motion was declared to be carried unanimously. PUBLIC HEARING: Consideration of a Recommendation to the Town Board regarding a proposed local law amending Section 46 -b of the Town of Ithaca Zoning Ordinance relating to Site Plan Requirements. Chairperson Wilcox stated Section 46 -b was removed from the Zoning Ordinance late last year in response to what transpired at Big AI's. It necessitated a lot of applicants to come before the board with small additions and changes. It is a burden on the applicant. It is extra application fees. He does not think the board is interested in seeing some of the very small changes that occur to site plans. This is an attempt to revise the Town of Ithaca Zoning Ordinance to put verbiage back into the Ordinance that deals with the situation that allowed Big AI's to raise the elevation 3 feet and the subsequent changes. The COC worked on the proposed change. Attorney Barney stated Section 46 -b was added in its version to allow a mechanism for diminimous changes to occur without having to come back to the board. The drafts person of the PLANNING BOARD PAGE 12 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED section at the time thought that they had covered most of the potential situations. Big AI's managed to utilize the loopholes. It caused a repeal of the section that allowed diminimous changes. Previously, the board allowed any change as long as the cost increase was not more than $10,000. Big AI's took the position that when he changed his lighting from recessed to surface mount it was saving him money. Therefore, there was no additional cost. The current version has added three additional requirements that must be met. If an applicant wishes to make a change to the lighting, drainage or impact on views, it must come back before the Planning Board. They have inserted the Director of Planning to allow him to make the determination. The Director of Planning could require a change to come back before the Planning Board if it seems aesthetically inappropriate. Board Member Mitrano asked what is the reason Big AI's never came back before the Planning C6, it Attorney Barney stated Big AI's did correct some of the items. He was required to comply with all but one item. The lighting and the location of the sign probably fell within the diminimous change as then authorized. Therefore, he did not have to make a change. Board Member Mitrano asked if counsel represented him. Attorney Barney stated he was represented after the fact. Mr. Kanter stated the drainage was put back to the specifications in the plans. The gravel parking area not shown on the original plan was removed. The landscaping was put back to conform to the original plan. Attorney Barney stated the language is a double negative. They were unable to find different language to convey the same meaning. Board Member Hoffmann stated she has hesitancy about some of the numbers. An addition of 1,000 square feet is quite large. It could be a 25 foot by 40 foot addition. Fifteen percent of the existing square footage could also be quite large, but it could not be larger than 1,000 square feet. Mr. Kanter stated if the Director of Planning felt there was a significant change in aesthetic appearance because of the construction, then it could be required to come before the board. Chairperson Wilcox stated the board might trust the current Director of Planning. Who is to say that the board will trust the next Director of Planning? As a member of COC, he agreed with the language. Often when conditions are written, the board is thinking of the current individual occupying the position at that time. They may think differently in the future when someone else is occupying the position. Board Member Mitrano asked what would Chairperson Wilcox put in as an alternative. Chairperson Wilcox responded he does not have a better alternative. It is up to the Planning Department to make that determination. PLANNING BOARD PAGE 13 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED Attorney Barney stated the Town, as a government body trusts its staff on a lot of areas to make discretionary calls. This was discussed at length. It makes it less easy to stop something. Cornell wanted to change the siding on the building at the Golf Course. They wanted to change the siding from cedar shakes to vinyl. It was a diminimous change. It would not have cost them anything. Aesthetically, it might have an impact. It is hard to predict what could happen. Board Member Hoffmann stated it is an improvement. Attorney Barney stated Big AI's might be changing their gasoline distributor. BP has been taken over by Exxon. Chairperson Wilcox opened the public hearing at 8:25 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 8:26 p.m. RESOLUTION NO. 2000 -98 - Proposed Local Law Amending the Zoninq Ordinance to Modify the Requirements for Planninq Board Approval of Site Plan Modifications - Recommendation to the Town Board. MOTION made by George Conneman, seconded by Eva Hoffmann. WHEREAS: 1. The Town Board has proposed a "Local Law Amending the Zoning Ordinance to Modify the Requirement for Planning Board Approval of Site Plan Modifications'; and 2. Said proposed local law would add provisions to Section 46 -b of the current Town of Ithaca Zoning Ordinance specifying when Planning Board approval of site plan modifications shall not be required, and 3. The Town Board referred said proposed local law to the Town of Ithaca Planning Board for their recommendation, and 4. The Planning Board, at a Public Hearing held on November 21, 2000, has reviewed the above - referenced local law, and a Short Environmental Assessment Form, Parts I and II, prepared by the Town planning staff for the Town Board, which will act as Lead Agency in the environmental review of the proposed local law, NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board, pursuant to Article XIV, Section 78 of the Town of Ithaca Zoning Ordinance, hereby finds that: a. There is a need for the proposed local law amending the Zoning Ordinance to modify the requirement for Planning Board approval of site plan modifications, and PLANNING BOARD PAGE 14 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED b. The existing and probable future character of the Town will not be adversely affected, and C. The proposed local law is in accordance with a comprehensive plan of development of the Town, and BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed "Local Law Amending the Zoning Ordinance to Modify the Requirement for Planning Board Approval of Site Plan Modifications ". A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe. NAYS: None. The motion was declared to be carried unanimously. OTHER BUSINESS: Chairperson Wilcox stated the next Planning Board meeting is December 5th. He will not be able to attend the meeting. Ivar Jonson is on the proposed agenda. Board member Thayer most likely will abstain. It should be mentioned to the applicant that there will only be four voting board members and they need four votes to get approval. Chairperson Wilcox stated he would like to remind the board the end of year dinner is Friday, December 29th. Supervisor Valentino would like everyone to attend. He would like to see everyone attend. It is being held at Angelina Centini's this year. Chairperson Wilcox stated he asked the board at the prior meeting to think about whom they may want as chairperson for 2001. He received the annual letter from the Town asking him to state his intentions. Board Member Hoffmann called him last week and said that he should remain chair. He will be willing to serve as chair again if the board chooses to recommend him to the Town Board. RESOLUTION NO. 2000 -99 - 2001 Planning Board Chair Recommendation To Town Board. MOTION made by Larry Thayer, seconded by George Conneman. RESOLVED, that the Town of Ithaca Planning Board recommends to the Town Board that Fred Wilcox Ill, be appointed as chair of the Planning Board for the year 2001. A vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Mitrano, Thayer, Howe. NAYS: None. ABSTAIN: Wilcox. PLANNING BOARD PAGE 15 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED The motion was declared to be carried. Mr. Kanter stated the Historic Preservation Class is making a presentation Tuesday, December 12th at 7:00 p.m. in the boardroom. They are getting close to finishing the survey. Mr. Smith stated the condition on Final Site Plan Approval to the Montessori School has not been met. It is due to no fault of the applicant. Every six months they need to come in for a temporary Certificate of Occupancy. The condition is submission of documentation showing the applicant has obtained an easement to construct a path and provide access across a 25 foot strip owned by Evan Monkemeyer located between the existing Montessori Main School Building and the proposed Montessori Middle School property. Board Member Mitrano asked why have they not been able to obtain the easement. Attorney Barney stated that Mr. Monkemeyer has been dragging his feet. Mr. Clune called a few months ago. The strip of land is the access way to what was going to be a Town Park. Mr. Monkemeyer does not want to give the Town the park. He would prefer to give the Town land at a different location. The Town is trying to push Mr. Monkemeyer to give the Town this park. By doing so, it may encourage him to deal with the other park. Mr. Monkemeyer is unwilling to sign any document that allows the Montessori School to cross the land. He is not objecting to letting them cross. People could walk out the front door of one school to the public right -of -way and then walk to the other school. Attorney Barney stated he would recommend that the Planning Board consider eliminating the condition. This has occurred at no fault of the applicant. Chairperson Wilcox asked if the board could recommend that the Town put pressure on Mr. Monkemeyer to provide the easement. Attorney Barney responded he does not know what pressure the board could put on Mr. Monkemeyer. It is the Montessori School's application. Mr. Monkemeyer has nothing to gain from the application. Ultimately Mr. Monkemeyer is going to want something from the Town. At that point, the Town would have the leverage to do something. Board Member Hoffmann stated she thinks it would be okay as long as the children can walk over the land. She would be worried if they would need to go near the road. Attorney Barney stated it is not the applicant's fault. They have done everything they can. The board needs to do a modification to site plan approval and hold a public hearing. Chairperson Wilcox stated he is sure Mr. Monkemeyer gave Montessori School every assurance that the easement would be granted. Attorney Barney stated he does not know. Mr. Kanter stated the City of Ithaca has referred the Wide Water site development plans to the Town. They are asking for comments, but only gave a short time period to do so. PLANNING BOARD PAGE 16 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED Ms. Ritter stated the Town received the plans on Thursday, November 16th. The comments are due Friday, November 24th. The Town is closed Thursday and Friday. She called the County and asked for their comments. The County was annoyed that they did not get adequate time. The County was asked to submit draft comments by November 28th. Then they could submit something more formally soon after. Ms. Ritter stated she looked closely at the drainage study. It looks to be the most minimal amount job they could do. The only thing they are doing on site is vortechnic units. Storm water is sent through the vortechnic units. It spins the water around and settles out oil, grease, and large particles. The maximum size for vortechnic units is for 25 cubic feet per second. The Wide Waters engineers are saying they are having up to 23 cubic feet per second water going through the vortechnic units. It is maxing it out. The water is then sent into the southwest natural areas. The channels are existing. The Wide Waters engineers say it will clean up the rest of the water. They are open channels that send the water right to the Cayuga Inlet. It is one of the biggest areas for producing trout. Ms. Ritter stated she feels that Wide Waters is not taking the drainage seriously. The only good comment she had was that the City hired TG Millers to look at the drainage. She called David Herrick. Mr. Herrick has not had time to look at the project. They are fast tracking the project. The City Planning Board will be looking at Preliminary Approval on Tuesday, November 28th. Final Site Plan approval is scheduled six days later. Board Member Mitrano asked who is pushing the project. Ms. Ritter stated she thinks that the City is pushing it. Board Member Hoffmann stated she attended a hearing the night before. The proposed buffer is not on the parcel they are developing on. The buffer is on the adjacent parcel. The buffer is on the parcel it is supposed to be protecting. She cannot remember the Town ever allowing that. The general rule is the buffer is on the parcel that might have an impact. She felt that the alternative plan had a better buffer area. The drainage and parking area was similar to Wilson Lab. Ms. Ritter stated the alternative did look like there were more drainage swales and vegetative swales within the parking lot. The parking lot is going to have over 1,100 parking spaces. They are doing very little for water quality. Board Member Hoffmann stated she is very upset by the project as a Town resident. She does not understand why they are not respecting the buffer to the Town. Ms. Ritter stated she is not sure how the City is going to respond. Everyone seems to be going towards the type of drainage that TG Miller is proposing. Chairperson Wilcox stated the proposed drainage is inexpensive. Board Member Mitrano asked what would the Town's contributions represent. PLANNING BOARD PAGE 17 NOVEMBER 21, 2000 APPROVED - APPROVED - APPROVED - APRIL 3, 2001 - APPROVED - APPROVED - APPROVED Ms. Ritter stated that Mr. Kanter and she are discussing what they would do. Mr. Kanter stated they have time constraints. Normally they would put a letter together for the board to consider. It would have to be a more technical staff report and comments. There are many different issues. They can only generally focus on the drainage. The Town commented on the Environmental Impact Statement. The Town had said then that the findings were very general. The Town was told in the findings that they could not provide very much detail on specific sites because they did not have development plans. The specific site developments would analyze it. They are now telling the Town that the Environmental Impact Statement analyzed the site and they do not need to do any more analysis. Chairperson Wilcox asked if Mr. Kanter would consider asking the City to delay the public hearing for consideration of Preliminary Site Plan Approval given the fact that it has been such a short time for the plans to be reviewed and to provide comments. vote Mr. Kanter stated they have held the public hearing. The Town could ask that they delay their Attorney Barney asked if the Town was given notice of the public hearing. Ms. Ritter stated the Town was given a notice out of a courtesy. The Town is not involved. Board Member Mitrano stated that it is very disappointing to hear the Town has such a short time period to review the project. AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the November 21, 2000 meeting of Town of Ithaca Planning Board duly adjourned at 8:51 p.m. Respectfully submitted: Carrie L. Whitmore, Deputy Town Clerk.