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HomeMy WebLinkAboutPB Minutes 2000-12-05TOWN OF ITHACA PLANNING BOARD TUESDAY, DECEMBER 5, 2000 The Town of Ithaca Planning Board met in regular session on Tuesday, December 5, 2000, in Town Hall, 215 North Tioga Street, Ithaca, New York, at 7:30 p.m. PRESENT: Eva Hoffmann, Vice Chairperson; George Conneman, Board Member; Tracy Mitrano, Board Member; Larry Thayer, Board Member; Rod Howe, Board Member; Jonathan Kanter, Director of Planning; Dan Walker, Director of Engineering; Susan Ritter, Assistant Town Planner; Mike Smith, Environmental Planner. EXCUSED: Fred Wilcox, Chairperson; John Barney, Attorney for the Town. ALSO PRESENT: Warren Allmon, PRI; Will Ober, PRI; Tim Ciaschi, Woolf Lane; Larry Fabbroni, 127 Warren Road. Vice Chairperson Hoffmann 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 27, 2000, and November 29, 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 29, 2000. (Affidavit of Posting and Publication is hereto attached as Exhibit #1.) Vice Chairperson Hoffmann 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. Vice Chairperson Hoffmann opened this segment of the meeting at 7 :34 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Vice Chairperson Hoffmann closed this segment of the meeting at 7:35 p.m. The board took a brief recess due to technical difficulties. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed temporary greenhouse at the Paleontological Research Institution located at 1259 Trumansburg Road, Town of Ithaca Tax Parcel No. 24- 3 -3.1, Residence District R -30. The proposal includes the addition of a 600 ± square foot temporary greenhouse, to be used as a storage and preparation facility for the whale skeleton for approximately a year and a half. Paleontological Research Institution, Owner /Applicant; T.G. Miller and Weiss /Manfredi Architects, Agent. Warren Allmon, PRI, stated he comes before the board with abject apology for having overlooked the nature of a temporary structure. They needed a place to store their whale. The whale PLANNING BOARD PAGE 2 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED came to them a little over one year ago. The 44 foot skeleton has been buried in manure in the back yard, for the purpose of cleaning the flesh and oil cleaned off of her. It has been successful. They erected a 20 x 40 foot temporary green house. They purchased the green house from the Newbedford Whale Museum. It was previously used for this purpose. They have moved the skeleton into the green house where she will be located for the next year and a half while the preparers will build an armature and prepare the skeleton for mounting. When the museum building is done, she will be moved into the atrium of the museum. It needs to happen before the last glazing can go on the building. The skull is 12 feet long and 8 feet wide. It will only go through a certain opening. They positioned the green house to be close to the opening. The building is connected to electric, gas and remains at 50 degrees. It is not open to the general public. The building will be taken down when the museum opens in 2002. Board member Thayer stated the green house is hidden. It cannot be seen from the road. Board Member Hoffmann asked if the green house would be used for displaying other animals. Mr. Allmon stated the Mastodon is housed in other quarters in the building. They should not need any more space for it. Board Member Mitrano asked how is the fund raising? Mr. Allmon stated they have met their million - dollar challenge. They are more than half way to their goal. Board Member Hoffmann asked if there would be people coming to view the skeleton in the green house. Mr. Allmon stated it would not be done on an on -going basis. They might take VIP visitors to see the skeleton. There is a narrow door at one end of the green house. The building is full of bones. Vice Chairperson Hoffmann opened the public hearing at 7:45 p.m., and asked if any persons wished to be heard. With no persons present, Vice Chairperson Hoffmann closed the public hearing at 7:46 p.m. Vice Chairperson Hoffmann stated the resolution should indicate that the whale is a northern right whale. The first Whereas states that the time period of the structure is one and a half years. Should it be two years? Mr. Kanter stated the Whereas reflects what the proposal was. The Planning Department is suggesting in a condition that it be two years so there is overlap for construction. RESOLUTION NO. 2000 -100 - Preliminary and Final Site Plan Approval, Paleontological Research Institution, 1259 Trumansburg Road, Tax Parcel No. 24- 3 -3.1. PLANNING BOARD PAGE 3 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED MOTION made by George Conneman, seconded Larry Thayer. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan approval for a temporary greenhouse located at 1259 Trumansburg Road in the Town of Ithaca, Tax Parcel No. 24 -3- 3.1, Residential District R -30. The proposal is for a 600 +/- square foot temporary greenhouse to be used as a storage and preparation facility for a northern right whale skeleton for approximately a year and a half. Paleontological Research Institution, Owner /Applicant; T. G. Miller, P.C. and Weiss /Manfredi Architects, Agent, and 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 held on December 5, 2000, has reviewed and accepted as adequate for Preliminary and Final Site Plan approval, project application materials received by the Town of Ithaca on Nov. 9, 2000. 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 600 - square foot temporary greenhouse for the Paleontological Research Institution on Trumansburg Road in the Town of Ithaca, Tax Parcel No. 24- 3 -3.1, as shown in project application materials received by the Town of Ithaca on Nov. 9, 2000, subject to the following conditions: a. submission of a revised set of final site plan drawings, with proper labeling and dates, to be retained by the Town of Ithaca, and b. that this approval for the temporary greenhouse shall expire on December 31, 2002. The vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Mitrano, Thayer, Howe. NAYS: None The motion was declared to be carried unanimously. AGENDA ITEM: SEAR Determination, Ciaschi Two -lot Subdivision, Lot #5 Westwood Hills Buffer, 120 Grove Road /124 Woolf Lane. PLANNING BOARD PAGE 4 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED Vice Chairperson Hoffmann opened this segment of the meeting at 7:49 p.m. Tim Ciaschi, Grove Road, stated this is a 30 foot buffer that satisfies the rules of the Westwood Hills Subdivision. There was no malicious intent. He owned the lot behind it. The new homeowners have been through enough. They do not need to go through any more problems. Vice Chairperson Hoffmann stated this is the solution the board was looking at before. This is a positive change. Vice Chairperson Hoffmann closed this segment of the meeting at 7:51 p.m. RESOLUTION NO. 2000 -101 - SEQR — Ciaschi Two -lot Subdivision, (Lot #5 Buffer- Westwood Hills), 120 Grove Road /124 Woolf Lane, Tax Parcel No. 23 -1- 11.112. MOTION made by Tracy Mitrano, seconded by Rod Howe. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 0.09 +/- acres from Town of Ithaca Tax Parcel No. 23 -1- 11.112; located at 120 Grove Road, Residence District R -15. The 0.09 +/- acre parcel will be consolidated with Town of Ithaca Tax Parcel No. 23 -1- 11.118, located at 124 Woolf Lane, which is Lot #5 of the Westwood Hills Subdivision, to maintain the 30 foot buffer behind the existing swimming pool and deck. Timothy Ciaschi, Owner /Applicant, 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 December 5, 2000, has 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, a survey map entitled "Lot 5 Westwood Hills Residential Subdivision, Woolf Lane, Town of Ithaca, Tompkins County, New York," and a subdivision plat entitled "Westwood Hills Residential Subdivision, Final Plat — Phase One, " all prepared by Allen T. Fulkerson, Licensed Land Surveyor, T. G. Miller Associates P.C., and with revision dates of November 6, 2000, 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. PLANNING BOARD PAGE 5 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED A vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Mitrano, Howe. NAYS: None. ABSTAIN: Thayer. The motion was declared to be carried. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 0.09 ± acres from Town of Ithaca Tax Parcel No. 23 -1- 11.118; located at 120 Grove Road, Residence District R -15. The 0.09 ± acre parcel will be consolidated with Town of Ithaca Tax Parcel No. 23 -1- 11.118, located at 124 Woolf Lane, which is Lot #5 of the Westwood Hills Subdivision, to maintain the 30 foot buffer behind the existing swimming pool and deck. Timothy Ciaschi, Owner /Applicant. Vice Chairperson Hoffmann 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, Vice Chairperson Hoffmann closed the public hearing at 7:56 p.m. RESOLUTION NO. 2000 -102 - Ciaschi Two -lot Subdivision, (Lot #5 Buffer- Westwood Hills), 120 Grove Road /124 Woolf Lane, Tax Parcel No. 23 -1- 11.112. MOTION made by Tracy Mitrano, George Conneman. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 0.09 +/- acres from Town of Ithaca Tax Parcel No. 23 -1- 11.112; located at 120 Grove Road, Residence District R -15. The 0.09 +/- acre parcel will be consolidated with Town of Ithaca Tax Parcel No. 23 -1- 11.118, located at 124 Woolf Lane, which is Lot #5 of the Westwood Hills Subdivision, to maintain the 30 foot buffer behind the existing swimming pool and deck. Timothy Ciaschi, Owner /Applicant, 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 this Subdivision Approval, has on December 5, 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 Part II prepared by the Town Planning staff, and 3. The Planning Board, at a Public Hearing held on December 5, 2000, has reviewed and accepted as adequate a survey map entitled "Lot 5 Westwood Hills Residential Subdivision, Woolf Lane, Town of Ithaca, Tompkins County, New York," and a subdivision plat entitled "Westwood Hills Residential Subdivision, Final Plat — Phase One," all prepared by Allen T. Fulkerson, Licensed Land Surveyor, T. G. Miller Associates P.C., and with revision dates of November 6, 2000, and other application materials, PLANNING BOARD PAGE 6 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED NOW, THEREFORE, BE I T RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for this 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 0.09 +/- acres from Town of Ithaca Tax Parcel No. 23 -1- 11.112, located at 120 Grove Road, Residence District R -15, as shown on a survey map entitled "Lot 5 Westwood Hills Residential Subdivision, Woolf Lane, Town of Ithaca, Tompkins County, New York," and a subdivision plat entitled "Westwood Hills Residential Subdivision, Final Plat — Phase One," all prepared by Allen T. Fulkerson, Licensed Land Surveyor, T.G. Miller Associates P.C., and with revision dates of November 6, 2000, subject to the following condition: a. Within four months of this approval, conveyance of the 0.09 +/- acre parcel to the current owner(s) of Lot #5 in the Westwood Hills Subdivision for consolidation with that lot (Tax Parcel No. 23 -1- 11.118), and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels. [Note: The purpose of said conveyance and consolidation is to modify the boundary of Lot #5 of the Westwood Hills Subdivision to provide the originally required 30 foot buffer that was included in the cluster subdivision approval.] A vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Mitrano, Howe. NAYS: None. ABSTAIN: Thayer. The motion was declared to be carried. AGENDA ITEM: SEAR Determination, Summerhill Apartments Phase 2 - Site Plan Modifications, Summerhill Lane. Vice Chairperson Hoffmann opened this segment of the meeting at 7:58 p.m. Mr. Fabbroni, 127 Warren Road, stated they would like to move the porches and decks to the same side of the building where the other decks are located. Building 4, 5, 6 and 7 have had the decks moved. It opened the site up. The former site plan was crowded coming in to the driveway through the two buildings. It will create more privacy for the end units. Building 7 is a 12 -unit building. It is a three -story building. Building 8 is a 10 -unit building. One end of the building has a third floor. The other end of the building has two floors. They have removed a total of 11 feet from the length of the building. It gives space in the 3 -story buildings for PLANNING BOARD PAGE 7 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED corridors and additional closets. They are able to develop an entry stairway to the third level. It gives better space through the livingroom, diningroom and kitchen. It adds closets to the bedroom units in the middle of the building. They have moved the deck on Building 2. It is located on the wetland end of the building. They have moved it to the open space side of the building. They have eliminated the deck, patio and walkway that used to come around the building. The first floor will be a temporary rental office. The 3- bedroom rooms are between 30 and 34 feet wide in the new proposal. In the previous proposal the building was 4 feet wider. They have eliminated the 9.5 foot patio. The access to what will be a full basement and storage area is the walk on the lowest point of the building. It was an attempt to pull things away from the wetland. They have more parking than they need due to eliminating two bedrooms. This was an attempt to pull things away from the wetland. They are modest changes. The end unit became a 2- bedroom unit instead of a 3- bedroom unit. They removed the end patio and moved it to the open space side of the building. Vice Chairperson Hoffmann stated that when Mr. Fabbroni is talking about removing the patios from the end of the buildings, he is talking about patios on the ground floor. Mr. Fabbroni stated they are moving the patios. The balconies will remain on the upper floors. Vice Chairperson Hoffmann stated that what is being removed is not the entire width of the building. It is a small portion that protrudes from the rest of the building. Mr. Fabbroni stated Vice Chairperson Hoffmann is correct. They removed the two 9.5 foot patios. It decreased the size of the building by 19 feet. They added 4 feet to each end of the building. As a result, they have reduced the width of the building by 11 feet. Vice Chairperson Hoffmann stated that visually it not obvious the width of the building is being reduced. They are removing small protrusions. The entire width of the building is being increased by 8 feet. It might look larger because of that. Mr. Fabbroni stated it would not look bigger from the interesting side of the building. Vice Chairperson Hoffmann asked on which buildings is the patio being removed. Mr. Fabbroni stated they are Buildings 4, 5,6 and 8. The patios remain on the ends of Building 7. There is not a space problem and it does not look out on the driveway. The areas in orange show the ground level patios. Vice Chairperson Hoffmann asked if the board had looked at the site. Board Member Mitrano stated she had looked at the site before. PLANNING BOARD PAGE 8 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED Vice Chairperson Hoffmann stated changes have been made in the planting plan. Mr. Fabbroni responded the areas covered in green are the areas that received the plantings on the list given to the board. The plantings were 400 or 500% of what the board asked for. They were not the exact perennials. There are a few variations in the hardwoods. They did not vary the softwoods. Staff asked for a new planting plan. Mr. Smith stated the plantings are different from the approved species and locations. The listing of the plantings does show what is planted around Buildings 1 and 3. Staff suggested a new plan that reflects the new plantings around Buildings 1 and 3. Mr. Fabbroni stated they thought they were doing better. They added more plants. Landscapers often put plants in a different location because they know they will survive better in that location. Vice Chairperson Hoffmann asked what was the reason for choosing the plants for the original plan Mr. Fabbroni stated the landscape architect that owned the nursery suggested the plantings. When the time came for the landscaping, they were unable to get the plantings. The available stock changed. They did add more plantings. They are not in the exact location because the landscaper decided on better locations. It is realistic to have a pallet of plants that is similar to the existing plants. Vice Chairperson Hoffmann stated it depends on the plantings and where they are located. If there are large tree species the location is very important. It is different for low growing shrubs. Mr. Fabbroni stated they are talking mostly about the small perennials. The hardwoods and softwoods would mostly follow the plan. There are some seasonal constraints. Vice Chairperson Hoffmann stated the Town is accommodating to that. She does not understand how the plan could change. If they decide on a planting plan and it is presented to the board, the board assumes that there will be arrangements made so that plants would be available for the project. She does not understand how things cannot be available and how such arrangements are not done. Plants cannot be planted off - season or they will not do well. She feels the board has always respected that problem in the past. They have not expected people to plant in the off season. Within the year there are enough seasons to make the plantings. Board Member Howe asked Board Member Hoffmann if there is a specific concern. He is happy to see a revised plan that reflects what was planted if the staff feels it is appropriate. Then it should be replicated around the other buildings. Vice Chairperson Hoffmann stated what troubles her is that with this project the board has seen plans and then there have been new plans with changes repeatedly. It is not a good way for the board to their work. The applicants are two very experienced professionals. Mr. Fabbroni is very experienced. Mr. Fabbroni was a former Town Engineer. Mr. Fabbroni is the City Engineer and has worked for Cornell. Ivar Jonson is a very experienced builder. Mr. Fabbroni and Mr. Jonson have PLANNING BOARD PAGE 9 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED worked in this community for many years. She does not understand why they cannot come in with plans that are thought through. Board Member Mitrano asked what does staff think. Mr. Smith stated the landscaping plan looks good. The planting beds have a variety of plants that look good together. The plantings do fit in with the site, but it was not what was on the original plan. Staff is asking for a new landscape plan and to continue the pattern throughout the site. Mr. Kanter stated that part of the reason for the changes on the landscaping was because not enough attention was paid to the original planting plan. The lesson has been learned that it is better to have a more developed landscaping plan. This project has allowed the opportunity to see what types of plants are on the site. Vice Chairperson Hoffmann stated it is the landscape changes on top of the changes in the buildings. This is the third or fourth change the board has seen. Mr. Fabbroni stated this is the third change. It is an evolution of a $5 million project. It is a local contractor trying to do an ambitious project. It is not a real estate development firm with set drawings. These are improvements to what was previously presented. This is one of the nicest apartment complexes in the Town. He respects the board's time. He cannot promise he will not be back, but this represents a lot of thinking. He does not have a better explanation. It is humble, simple, local people doing a project and working their heart out to make it right. It does not look like Warren Road Apartments. Board Member Mitrano stated that the board has had applicants come before the board who do not appear to be respecting the situation. She does not feel that this project is among them. These things are developing. Vice Chairperson Hoffmann stated the Town has regulations. Things are done a certain way. She expects a plan to be as it is presented to the board. Board Member Mitrano stated she does not mind that the applicant has to come back before the board. Board member Thayer stated he doe not mind either. Board Member Conneman stated the changes are appropriate for the site. It should be the bottom line. Mr. Smith stated the plantings around Buildings 1 and 3 are appropriate. It should be continued throughout the site. Vice Chairperson Hoffmann stated it is hard to see the plantings this time of year. The plantings do look all right. She did not have the plan with her from the last proposal to have PLANNING BOARD PAGE 10 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED something to compare the plantings with. It may be the plantings from the last proposal would have looked nice. Board Member Mitrano stated quantity is not always quality. There are more plantings than the previous plan. The applicant she is comparing this project to is one who was disrespectful upon presentation, who did not want to fulfill the requirements, abated coming back to the board. These are people who want to make the project better. They need to come before the board to follow the rules. It is a different picture. Mr. Fabbroni stated this is a large project for Mr. Jonson. Vice Chairperson Hoffmann stated it is all more reason to put thought into it ahead of time. Mr. Fabbroni stated Mr. Jonson sees the opportunity for change more than a large construction company. Vice Chairperson Hoffmann stated she is concerned about the area close to the wetland. In the southernmost end of the area, close to the road that comes around to the back of the easternmost buildings that are under construction, the slope of the land into the wetland is very steep. It looks like it is paved with stone. Mr. Fabbroni stated it is to protect the wetland. Vice Chairperson Hoffmann asked if it was in the original plan. Mr. Fabbroni stated the road is in the same location. The slope was worse than thought. This is the solution to prevent erosion. Vice Chairperson Hoffmann asked if the height of the road was changed to create this situation. Mr. Fabbroni stated the road might be one foot higher to compensate for the grade at the corner of the building. Vice Chairperson Hoffmann stated the board has made it very clear they were concerned about the wetland area. They did not want it disturbed. The board wanted a buffer around the wetland to protect it. Mr. Fabbroni stated the board made that clear, which is the reason the stone was laid down. Vice Chairperson Hoffmann asked if other things have happened that have encroached on the wetland. Mr. Fabbroni responded absolutely not. PLANNING BOARD PAGE 11 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED Vice Chairperson Hoffmann stated there is a pipe that comes to a point near the wetland. The manhole sticks up above the ground. There is also a shallow area there. Is it going to be filled into the top of manhole? Mr. Fabbroni stated it would drop off right past the manhole. The manhole might protrude by one foot. There is nothing in that area. Vice Chairperson Hoffmann asked if it was intentional. Mr. Fabbroni responded no. The concern is the height inside the manhole. A person needs to be able to open and enter the manhole. Safety requirements may force it to be larger. Vice Chairperson Hoffmann asked how they are going to handle the manhole sticking up above ground. Mr. Fabbroni stated they would put up edging to keep them away from the wetland. He knew it was an open manhole, but he did not know it would be above normal grade. The ground around the manhole could be built up. The fill between the building and manhole would blend it into the lawn. Vice Chairperson Hoffmann stated it does not sound like a good solution to her. Mr. Kanter stated at the time of final site inspections the Planning Department can look into it. It is going beyond the detail that the site plan called for. This site plan was more generalized than other site plans. Vice Chairperson Hoffmann stated she did not expect to see it, but since she did, she wanted to bring it up. Mr. Fabbroni stated they could try to order a smaller barrel. Vice Chairperson Hoffmann stated she noticed there is a pile of roof trusses in the middle of the wetland. There is also a gable end of one of the buildings in the wetland. What is the explanation of that? Mr. Fabbroni stated he is not aware of or has not seen of anything in the wetland. Anything that has come near the wetland he has had removed. Vice Chairperson Hoffmann stated she wants to make sure it does not happen again. Building 2 is very close to the wetland. She would like something added to the resolution to make the point there is to be no encroachment in the wetland. Mr. Kanter stated this should be a condition in the site plan resolution. It should not be addressed in the SEAR resolution. Vice Chairperson Hoffmann closed this segment of the meeting at 8:40 p.m. PLANNING BOARD PAGE 12 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED RESOLUTION NO. 2000 -103 - SEQR Site Plan Modifications, Summerhill Apartments Phase 2 Summerhill Lane, Tax Parcel No. 62 -2- 1.127. MOTION made by Tracy Mitrano, seconded by Rod Howe. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval for the proposed modifications to the Summerhill Apartments Phase 2 located on Summerhill Lane, Town of Ithaca Tax Parcel No. 62 -2- 1.127, Multiple Residence District. Modifications include the addition of 4000 +/- square feet to six of the buildings, changes to the walks and parking lots, and changes to the planting list and landscaping plan. Ivar Jonson, Owner /Applicant; Lawrence P. Fabbroni, 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 Site Plan Approval, and 3. The Planning Board, on December 5, 2000, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, plans entitled "Summerhill Apartments Phase 2 Site Plan," revised 11- 2000 and "Proposed Layout for Buildings 4,5,6,7,8" received 11- 14 -00, prepared by Lawrence P. Fabbroni, 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. The vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Mitrano, Howe. NAYS: None. ABSTAIN: Thayer. The motion was declared to be carried. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for proposed modifications to the Summerhill Apartments Phase 2 located on Summerhill Lane, Town of Ithaca Tax Parcel No. 62 -2- 1.127, Multiple Residence District. Modifications include the addition of 4000 ± square feet to six of the buildings, changes to the walks and parking lots, PLANNING BOARD PAGE 13 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED and changes to the planting and landscaping plan. Ivar Jonson, Owner /Applicant; Lawrence P. Fabbroni, Agent. Vice Chairperson Hoffmann opened the public hearing at 8:41 p.m. and asked if any members of the public wished to be heard. With no persons present to be heard, Vice Chairperson Hoffmann closed the public hearing at 8:43 p.m. Vice Chairperson Hoffmann stated the resolution talks about submitting the landscaping plan after the applicant has been given approval. It does not indicate if it is to be approved by staff. Board Member Conneman stated that staff should make sure the landscaping plan fulfills the original intent. Vice Chairperson Hoffmann stated the original landscape plan called for special plants to go into the buffer zone of the wetland. Would it be included in the revised plan? Mr. Fabbroni responded yes. It will be indicated on the new plan. Mr. Kanter stated the Planning Board could include a further resolved to the resolution stating, "The Planning Board reiterates its concern with the protection of the wetland and hereby directs that there be no more disturbance or encroachment on the wetland during and after construction. There shall be no storage of equipment, construction materials, or debris in the wetland during and after construction." Site Plan Modification, Summerhill Apartments Phase 2, Summerhill Lane, Tax Parcel No. 62 -2- 1.127. MOTION made by George Conneman, seconded by Tracy Mitrano. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval for the proposed modifications to the Summerhill Apartments Phase 2 located on Summerhill Lane, Town of Ithaca Tax Parcel No. 62 -2- 1.127, Multiple Residence District. Modifications include the addition of 4000 +/- square feet to six of the buildings, changes to the walks and parking lots, and changes to the planting list and landscaping plan. Ivar Jonson, Owner /Applicant; Lawrence P. Fabbroni, 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 December 5, 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 Town Planning staff, and 3. The Planning Board, at a Public Hearing held on December 5, 2000, has reviewed and accepted as adequate, plans entitled " Summerhill Apartments Phase 2 Site Plan," revised 11- PLANNING BOARD PAGE 14 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED 2000 and "Proposed Layout for Buildings 4,5,6,7,8" received 11- 14 -00, prepared by Lawrence P. Fabbroni, and other application material. 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 site modifications to Summerhill Apartments Phase2 located on Summerhill Lane, Town of Ithaca Tax Parcel No. 62 -2- 1.127, as shown on plans entitled " Summerhill Apartments Phase 2 Site Plan," revised 11 -2000 and "Proposed Layout for Buildings 4,5,6,7,8" received 11- 14 -00, prepared by Lawrence P. Fabbroni, 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, and b. submission of a revised landscaping plan to reflect existing planting around buildings 1, 3, and the continuation of the plantings around future buildings, to correspond to the revised Plant List submitted on November 14, 2000. BE IT FURTHER RESOLVED: 1. The Planning Board reiterates its concern with the protection of the wetland, and hereby directs that there shall be no further disturbance or encroachment on the wetland during and after construction. There shall be no storage of equipment, construction materials or debris in the wetland during or after construction. The vote on the motion resulted as follows: AYES: Conneman, Mitrano, Howe. NAYS: Hoffmann. ABSTAIN: Thayer. The motion was not passed. Board Member Mitrano asked Mr. Kanter what should the board do at this point. Mr. Kanter stated it is a no action vote. Board Member Mitrano asked if the board could adjourn the vote until Chairperson Wilcox is present or until there is another member. PLANNING BOARD PAGE 15 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED Mr. Kanter stated the vote was a no action vote. It was not an adjournment. It means the applicant has to come and apply for another application. Board Member Mitrano stated it puts Mr. Fabbroni in a difficult situation. Mr. Kanter asked Vice Chairperson Hoffmann if she voted against the application because she is uncomfortable with the situation of repeated changes in the plan. Is there something about this proposal that is unsatisfactory? The vote against the project is not clear. Vice Chairperson Hoffmann stated she is unhappy with the project for the reasons she has stated before. She has also been unhappy with the way the changes have gone. It seems that the last time the applicant was before the board, the board was asked to approve moving the two western most houses so that they came closer to the wetland. They encroached on the buffer of the wetland. She was not happy with it. She feels there are more and more things with this project. Some things are improving. Mr. Fabbroni stated he knew Vice Chairperson Hoffmann was unhappy so he came back with a much better plan. Board Member Mitrano asked Vice Chairperson Hoffmann if there are items that she would recommend Mr. Fabbroni incorporate into another proposal. He has a multi - million dollar project. He is going to come back. What needs to be changed? Vice Chairperson Hoffmann stated the earlier drawing does not have the patios towards the wetland. The patios were facing the other direction. She understands from the point of view of the tenants that it would be a nice location for the patios, but it is an encroachment on the wetland buffer. Mr. Fabbroni stated they could eliminate the patios. Vice Chairperson Hoffmann stated the walkway is now closer to the wetland as well. She feels there is a push into the area. closer Mr. Kanter asked if it is close enough onto the wetland to cause concern, or is it that it is Vice Chairperson Hoffmann stated that it is closer to the wetland. Mr. Kanter stated it is closer. Is it an encroachment on the wetland? Being physically closer does not necessarily mean it is an encroachment on the wetland. Mr. Fabbroni stated a compensating factor might be to expand the buffer area. It does encroach on the buffer. The buffer area is the filter for the wetland. The sidewalk can be moved up to the edge of the patio. The walk can also be eliminated in that area. Vice Chairperson Hoffmann asked if the patios would be eliminated as well. PLANNING BOARD PAGE 16 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED Mr. Fabbroni responded he would rather not eliminate the patios, but he can. The tenants would not have the outdoor amenity. Board Member Mitrano asked would there be a 15 foot uninterrupted buffer is the sidewalk is eliminated. Mr. Fabbroni stated he is not certain. It would be further away than indicated in the site plan. He would have to eliminate the patio closest to the wetland. Board Member Mitrano asked if Mr. Fabbroni would eliminate the patio. Mr. Fabbroni responded it could be removed if it is necessary. Vice Chairperson Hoffmann asked if the dumpster could be moved. Mr. Fabbroni responded that it could be moved to one of the end parking spaces. The elimination of the third bedroom in the apartments eliminates the need for two parking spaces. Board Member Mitrano asked if these changes could be made to the proposal at this time. Would the applicant need to come back? Mr. Kanter responded the changes could be made. Board Member Conneman stated he would not be present for the next meeting. They would need Vice Chairperson Hoffmann's vote in order to pass the site plan. They need to work it out. Mr. Kanter stated a condition could be included in the resolution that requires site plan revisions showing the new location of the dumpster. zone Vice Chairperson Hoffmann asked if the board wanted to expand the one area of the buffer Mr. Kanter stated they couldn't change the area of the wetland. Mr. Fabbroni stated it would not be changed. They are expanding the protected area. Vice Chairperson Hoffmann stated she does not want the area disturbed. She would like to see it undisturbed. Mr. Fabbroni stated if Vice Chairperson Hoffmann does not want the area disturbed, then they should not do anything to it. Mr. Kanter stated he is not sure what the purpose would be. It does not make sense to decide at a meeting and informally change the area of the wetland. There is an approved wetland that is delineated. PLANNING BOARD PAGE 17 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED Vice Chairperson Hoffmann stated Mr. Fabbroni is offering to expand the buffer area of the wetland for more protection. Mr. Kanter stated there is nothing on the site plan showing any activity in that area. It is more part of the landscape plan and not redefining the wetland. The landscape plan could be more specific. Vice Chairperson Hoffmann asked Ms. Ritter if she felt the additional buffer would help the wetland. Ms. Ritter stated she has not been to the site recently. It is not a high quality wetland. It's best used is as a storm water runoff filter. She is not as concerned about the buffer as she would be with something that had important habitat values. It is still valuable in terms of runoff and filtering. Board Member Howe asked if the additional grasses would need to be addressed in the resolution since a landscaping plan is being submitted. Vice Chairperson Hoffmann stated this was not included in the landscape plan. Mr. Kanter stated the board could include it in the resolution. Mr. Kanter read proposed verbiage to the board. Vice Chairperson Hoffmann stated that with the suggested changes she would vote for the project. Mr. Kanter stated the board would need to vote again. RESOLUTION NO. 2000 -104 - Site Plan Modification, Summerhill Apartments Phase 2, Summerhill Lane, Tax Parcel No. 62 -2- 1.127. MOTION made by Tracy Mitrano, seconded by George Conneman. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval for the proposed modifications to the Summerhill Apartments Phase 2 located on Summerhill Lane, Town of Ithaca Tax Parcel No. 62 -2- 1.127, Multiple Residence District. Modifications include the addition of 4000 +/- square feet to six of the buildings, changes to the walks and parking lots, and changes to the planting list and landscaping plan. Ivar Jonson, Owner /Applicant; Lawrence P. Fabbroni, 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 December 5, 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 a Part II prepared by Town Planning staff, and PLANNING BOARD PAGE 18 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED 3. The Planning Board, at a Public Hearing held on December 5, 2000, has reviewed and accepted as adequate, plans entitled "Summerhill Apartments Phase 2 Site Plan," revised 11- 2000 and "Proposed Layout for Buildings 4,5,6,7,8" received 11- 14 -00, prepared by Lawrence P. Fabbroni, and other application material. 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 site modifications to Summerhill Apartments Phase 2 located on Summerhill Lane, Town of Ithaca Tax Parcel No. 62 -2- 1.127, as shown on plans entitled "Summerhill Apartments Phase 2 Site Plan," revised 11 -2000 and "Proposed Layout for Buildings 4,5,6,7,8" received 11- 14 -00, prepared by Lawrence P. Fabbroni, 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, and b. submission of a revised landscaping plan to reflect existing planting around buildings 1, 3, and the continuation of the plantings around future buildings, to correspond to the revised Plant List submitted on November 14, 2000. Also revision of the landscaping plan to show treatment of the wetland buffer to include maintenance in a natural condition, as contrasted with a mowed lawn. All subject to review and approval of the Planning Department. C. submission of a revised site plan to eliminate the sidewalk on south side of Building 7, where it encroaches on the wetland buffer, and eliminate any portions of the patios which would encroach on wetland buffer; and relocation of dumpster at east end of parking area between Buildings 1 and 2 so as not to encroach on wetland buffer, all subject to approval by the Planning Department. BE IT FURTHER RESOLVED: 1. The Planning Board reiterates its concern with the protection of the wetland, and hereby directs that there shall be no further disturbance or encroachment on the wetland during and after construction. There shall be no storage of equipment, construction materials or debris in the wetland during or after construction. The vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Mitrano, Howe. PLANNING BOARD PAGE 19 DECEMBER 5, 2000 APPROVED - APPROVED - APPROVED - MARCH 13, 2001 - APPROVED - APPROVED - APPROVED NAYS: None. ABSTAIN: Thayer. The motion was declared to be carried. OTHER BUSINESS: The board wished the best to Mr. Kanter at his new job position in Westchester County. AGENDA ITEM: ADJOURNMENT: Upon MOTION, Vice Chairperson Hoffmann declared the December 5, 2000 meeting of Town of Ithaca Planning Board duly adjourned at 9:16 p.m. Respectfully submitted: Carrie Whitmore, Deputy Town Clerk.