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HomeMy WebLinkAboutPB Minutes 2001-03-20TOWN OF ITHACA PLANNING BOARD TUESDAY, MARCH 20, 2001 FILE �__ DATE The Town of Ithaca Planning Board met in regular session on Tuesday, March 20, 2001, in Town Hall, 215 North Tioga, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; George Conneman, Board Member; Tracy Mitrano, Board Member; Rod Howe, Board Member; John Barney, Attorney for the Town; Dan Walker, Director of Engineering; Susan Ritter, Interim Town Planner; Mike Smith, Environmental Planner. EXCUSED: Eva Hoffmann, Board Member; Larry Thayer, Board Member. ALSO PRESENT: Larry Fabbroni, 127 Warren Road; Orlando lacovelli, 327 Coddington Road; Mark Macera, Executive Director of Longview; Charlie Barbay, Willowood Resort; Jim Pung, Cornell University; Doug Antczak, Cornell University; Lee Davis, ENSR Corporation; David Herrick, TG Miller; Dwight Lopes, Cornell University; Steve Wright, Cornell University; Shirley Egan, Cornell University; Hollis Erb, 118 Snyder Hill Road. Chairperson Wilcox declared the meeting duly opened at 7:37 p.m., and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 12, 2001, and March 14, 2001, 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 March 14, 2001. (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 7:37 p.m. With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 7:38 p.m. AGENDA ITEM: SEAR Determination, Longview, an Ithacare Community , Walkway, 1 Bella Vista Drive. Chairperson Wilcox opened this segment of the meeting at 7:38 p.m. Mark Macera, Executive Director of Longview - The residents of Longview have determined that they would like to make use of the north lawn. It has not been previously available to them because of access and the nature of the material in this location. Based on their initiative, we have decided to place an asphalt walkway accessible from the front of the building on the east side of the site plan. It is also accessible from two other points of the building. PLANNING BOARD PAGE 2 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED I discussed the .potential of using this area in the future to provide access to the rear yard. The rear yard might be horseshoe pits, shuffle board, picnic tables, vegetable and flower gardens in the future. We feel the asphalt walkway will permit the residents to use the lawn in the north of the building. Chairperson Wilcox - Are there any environmental impacts? Mr. Macera - The soil in the area is spoiled from the original benching that occurred at the site. It is 20 to 25 feet above the indigenous grade that was there. There is little or no runoff based on the grade. It covers very little of the impermeable soil. I do not see any difficulties with the sheeting action of the amount of water that is let out onto the north downspouts. Board Member Mitrano - What is meant by "spoiled "? lawn by the building, gutters, and Mr. Macera - It is the general term used when soil is moved from one area to another. Chairperson Wilcox closed this portion of the meeting at 7:44 p.m. RESOLUTION NO. 2001 -18 = SEOR Preliminary & Final Site Plan Approval and Special Approval, North Lawn Promenade - Ithacare, 1 Bella Vista Drive, Tax Parcel No. 3944.31. MOTION made by Tracy Mitrano, seconded by George Conneman. WHEREAS. 10 This action is consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed walkway on the north lawn at Longview, an Ithacare Community, 1 Bella Vista Drive, Town of Ithaca Tax Parcel No. 39- 14.31, Special Land Use District No. 7. The proposed walkway would be a 1,200 +/- foot loop, 8 +/- foot wide, with a blacktop surface, to provide access for residents and visitors to the north lawn. Ithacare Center Service Co., Inc., Owner /Applicant; Mark A. Macera, 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 March 20, 2001, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part ll prepared by Town Planning staff, plans for the promenade walkway as shown overlaid on sheet LD -2 of the original approval, received on February 26, 2001, 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. PLANNING BOARD PAGE 3 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED 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, Conneman, Mitrano, Conneman. NAYS: None. The motion was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Approval for a proposed walkway on the north lawn at Longview, an Ithacare Community, 1 Bella Vista Drive, Town of Ithaca Tax Parcel No. 39 -1 -1.31, Special Land Use District No. 7. The proposed walkway would be a 1,200 ± foot loop, 8 ± feet wide, with a blacktop surface to provide access for residents and visitors to the north lawn. Ithacare Center Service Co., Inc., Owner /Applicant; Mark A. Macera, Agent. Chairperson Wilcox opened the public hearing at 7:44 p.m. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 7:45 p.m. Chairperson Wilcox - Have you considered the location for future development plans? Mr. Macera - We have laid aside any plans for future development to the north of our current building. We have acquired property to the south that adjoins our border with the SLUD. At the present time any further development would occur to the south. We do not believe it would present an environmental consideration from a viewshed standpoint. RESOLUTION NO. 2001 -19 - Preliminary and Final Site Plan Approval and Special Approval, North Lawn Promenade - Ithacare, 1 Bella Vista Drive, Tax Parcel No. 39- 14.31. MOTION made by George Conneman, seconded by Rod Howe. WHEREAS: 10 This action is consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed walkway on the north lawn at Longview, an Ithacare Community, 1 Bella Vista Drive, Town of Ithaca Tax Parcel No. 39 -1 -1.31, Special Land Use District No. 7. The proposed walkway would be a 1,200 +/- foot loop, 8 +/- foot wide, with a blacktop surface, to provide access for residents and visitors to the north lawn. Ithacare Center Service Co., Inc.; Owner /Applicant; Mark A. Macera, Agent. 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 March 20, 2001, made a negative determination of environmental significance, after having reviewed and accepted as PLANNING BOARD PAGE 4 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part ll prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on March 20, 2001, has reviewed and accepted as adequate, plans for the promenade walkway as shown overlaid on sheet LD -2 of the original approval, received on February 26, 2001, 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 walkway on the north lawn at Longview, an lthacare Community at 1 Bella Vista Drive, Town of Ithaca Tax Parcel No, 39 -1 -1.31, Special Land Use District No. 7, as shown overlaid on plans of the original approval (sheet LD -2) and received on February 26, 2001: AND BE IT FURTHER RESOLVED: 1. That the Planning Board hereby grants Special Approval, determining the following: a. the proposed use and the location, design, size, and general site compatibility of the walkway shall be consistent with the character of the area in which it is located; b, the premises are reasonably adapted to the proposed use; C. the proposed walkway shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue neighboring property; d. natural surface water drainageways are not adversely affected and will not create drainage or erosion problems; e. the proposed walkway will not impact any environmental sensitive areas including but not limited to wetlands, floodplains, woodlands, steep slopes, and watercourses, and on other open space areas of importance to the neighborhood or community. A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Mitrano, Conneman. NAYS: None. The motion was declared to be carried unanimously. PLANNING BOARD PAGE 5 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED AGENDA ITEM: Consideration of a Recommendation to the Zoning Board of Appeals regarding sign variances to increase the size of the off- premise sign by 3 square feet to 20 square feet for Willowood Resort.. The sign is located at the corner of Route 327 and Route 13, Town of Ithaca Tax Parcel. No. 33- 1 -9.3, Residence District R -30. Clayton Moore, Property Owners Charlie Barbay, Owners James Hannah, Agent. Chairperson Wilcox - The SEQR determination will be completed by the Zoning Board of Appeals. The Planning Board is giving a recommendation to the Zoning Board of Appeals. Charlie Barbay, Willowood Resort - I purchased Willowood in 1982. At the time the original owner assured me there was a granted variance on August 3, 1976. There was an existing sign in poor shape. I replaced the sign in 1987. 1 sold the property in 1990. Then in 1992 1 had to foreclose on the property. I replaced the sign again in 1993. The sign started to look wilted and deteriorated last summer. I had the sign professionally made. I thought the sign looked beautiful compared to the previous signs. Out of the blue I received a call from the Zoning Department secretary stating that I needed a permit for the sign. I explained the variance. It was explained to me that I still needed a permit. I purchased the sign permit'. I received a call in September from Mr. Frost, Mr. Frost explained that the sign was not in compliance. The sign was.not in compliance because the new sign is three square feet larger from the previous sign. The sign is in the exact location. I think the. sign is beautiful. It would hurt us badly to lose the sign. We have three identical signs in three different locations. There is only one sign in the Town. I ask that the board permit me to keep the sign. Board Member Mitrano - What is Willowood? Mr. Barbay - We have 171 camp sites. There are 80 sites with full hook -up. We have a 5,000 to 6,000 seat amphitheater, which we entertain guests such as Trisha Yearwood and Toby Keith. We have cottages, cabins, a swimming pool, and a 300 seat restaurant. We need the sign to direct people to us. Board Member Mitrano - Are you open year round? Mr. Barbay - Yes. We started being open year round last year. Board Member Conneman - How did the sign become larger? Mr. Barbay - I had re -done the sign two or three times requirement. When I sold the property in 1990, 1 passed when I had to foreclose on the property, the records were size of the sign. The previous sign was 17 square feet, in the same location and on the same poles. before. I did not realize there was a size the paperwork on to the new owner. Then lost. I was not able to look up the previous fhe new sign is 20 square feet. The sign is Chairperson Wilcox - I consider signage to be a necessary evil. This board has spent a lot of time on signage. Off premises signs are the worst evil. There is only one off premises sign in the Town of Ithaca. Angelina Centini's has a sign at the corner of Coddington Road and Danby Road. The sign is PLANNING BOARD PAGE 6 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED about 18 inches square. It's purpose is directional. This is not a directional sign. The sign indicates you are heading in the right direction. It does not make you turn onto Route 327. The sign is also an advertisement. The sign advertises their restaurant. I would not objective to the sign if it was a small directional sign. I do not like the color of the sign. The Planning Board is asked to review the sign Zoning Board of Appeals. We make a non - binding recommendation to the Board Member Mitrano - There is a lot of competition of signs in the East Hill Plaza. This sign is located in an area that does not have a great deal happening. Board Member Conneman - Mr. Barbay, do you consider the sign an advertisement or directional sign? Mr. Barbay - I consider the sign a directional sign. There are three entities on the sign. The sign gives direction to the three entities. Board Member Mitrano - The sign does include directional arrows. Chairperson Wilcox - Why does the Planning Board have to review the sign? Attorney Barney - The rationale is that the Zoning Board of Appeals takes into consideration what the Planning Board thinks about something. Chairperson Wilcox - We need to vote on the issue. This is a non - binding recommendation to the Zoning Board of Appeals. A 3 to 1 vote would not be a recommendation. Mr. Barbay - Prior to selling the property I had purchased seven highway signs from the State Department. During the period of time I did not own the property, the owner let the lease of the signs lapse. It is very difficult to get the signs back up on the highway. I did not think I was doing anything wrong when I had a professional sign made. Chairperson Wilcox opened the public hearing at 8:00 p.m. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:01 p.m. Board Member Mitrano - My concept of a variance is that it is context specific. I would object to the sign if it was to be located at the corner of Pine Tree Road and Ellis Hollow Road. This is a remote area. I am willing to suggest to the Zoning Board of Appeals that the sign be approved. Board Member Howe - The sign has been in this location for a long time. Board Member Conneman - Did the previous sign say the exact same thing as your new sign? Mr. Barbay - No. The previous sign stated "Willowood Campsites" with an arrow. Board Member Conneman - Where are the other signs located? PLANNING BOARD PAGE 7 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED Mr. Barbay - There are three signs giving direction to Willowood. Attorney Barney - The Planning Board is being asked to recommend on a variance. The Planning Board needs to use the same tests as the Zoning Board of Appeals. Recommendation to i variances, Willowood Resort Sign, Enfield Falls Road, Tax Parcel No. 33 =1 -9.3. MOTION made by George Conneman, seconded by Rod Howe. WHEREAS. 1. This action is consideration of a Recommendation to the Zoning Board of Appeals regarding sign variances to increase the size of the off - premise sign from 17 +A square feet to 20 square feet for Willowood Resort. The sign is located near the comer of Route 327 and Route 13 on Route 327, Town of Ithaca Tax Parcel No. 33- 1-9.3, Residence District R -30. Clayton Moore, Property Owner; Charlie Barbay, Owner; James Hannah, Agent. 2, The Planning Board, at a Public Hearing held on March 20, 2001, has reviewed and accepted as adequate, a photo showing the existing 20 +/- square foot sign, received February 26, 2001, and other application material. NOW THEREFORE BE IT RESOLVED. 1. That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, recommends to the Zoning Board of Appeals that the request for sign variances be granted. A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Mitrano, Conneman. NAYS: None. The motion was declared to be carried unanimously. Chairperson Wilcox - This is not a recommendation. Attorney Barney - The board is not taking any action. The board is not recommending. It is deemed a positive recommendation if the board does not take action within 30 days. AGENDA ITEM: SEOR Determination, lacovelli 2 -Lot Subdivision, Pennsylvania Avenue. Chairperson Wilcox opened this segment of the meeting at 8:10 p.m. Larry Fabbroni, 127 Warren Road - Kendall Avenue is to the north of the proposed two lots. The pavement of Pennsylvania Avenue ends west of the proposed lots. There are two houses that would be on either side of an access driveway to the two lots. The lots front on paper streets that were PLANNING BOARD PAGE 8 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED subdivided in 1897. We need to go before the Zoning Board of Appeals if the Planning Board grants subdivision approval. The proposal is to subdivide three of the original Ithaca Land Tract lots into two lots. This is to allow 3,000 feet to be added to the a smaller lot to make it a legal size lot. The remaining lot is a slightly larger lot. We do not intend to change the terrain of the site. The drainage is straightforward on the site. I do not see an impact. Attorney Barney - Mr. Fabbroni, are you aware of who owns Pennsylvania Avenue in that area? Mr. Fabbroni - The Town might own the property. I do not know if the Town went through with condemning the area. Martin is the land owner to the east. He has bought nine of the old lots. He has made one large parcel of land from the lots, including the road right -of -way. The lots to the east are accessed from the end of Kendall Avenue, Board Member Mitrano - Could you explain Marilyn Avenue? Mr. Fabbroni - It is a paper street. Marilyn Avenue exists, but it is not owned by anyone. To our knowledge there is one lot on the street that has not been consolidated with a lot that fronts on Kendall Avenue. There are several that have consolidated or committed lots to three or four unit buildings. It is unlikely the road will ever be built. Someone who owned the lot could not afford to build a road to access it. Attorney Barney - The last subdivision map was filed in 1897. It has been on file with the Ithaca Land Company. We do not know if the road was ever conveyed to the Town. Chairperson Wilcox - Was there a plan in the early 1990s to extend Pennsylvania Avenue and connect it with Juniper Drive? Mr. Fabbroni - The plan was extend Kendall Avenue, Chairperson Wilcox - I live on Juniper Drive. I was a member of the group that opposed the project. Chairperson Wilcox closed this segment of the meeting at 8:20 p.m. RESOLUTION NO. 2001 -20 = SEOR - Preliminary and Final Subdivision Approval, lacovelli 2= Lot Subdivision, Pennsylvania Avenue, Tax Parcel Nos. 54 -5 -30 & 54 =5 -310 MOTION made by Tracy Mitrano, seconded by George Conneman. WHEREAS. 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 2,880 ± square feet from Town of Ithaca Tax Parcel No. 54 -5 -30, to be consolidated with the adjacent parcel, Town of Ithaca Tax Parcel No. 54 -5 -31. The properties are located on Pennsylvania Avenue; Residence District R4 The subdivision and PLANNING BOARD PAGE 9 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED consolidation will create two lots of 9,037.± square feet (Parcel A) and 13,835.± square feet (Parcel B). Orlando lacovelli, Owner /Applicant; Lawrence Fabbroni, P.E., L.S., 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 March 20, 2001, 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, "Final Subdivision Plat, 2 -Lot Subdivision Pennsylvania Avenue, Lands of Orlando & Ralph lacovelli," prepared by Lawrence Fabbroni, P.E., L.S., dated February 18, 2001; 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: AYES: Wilcox, Conneman, Mitrano, Conneman. NAYS: None. The motion was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 2,880 ± square feet from Town of Ithaca Tax Parcel No. 54 =5 -30, ± 120 feet east of 271 Pennsylvania Avenue, to be consolidated with Town of Ithaca Tax Parcel No. 54 -5 -319 ± 70 feet east of 271 Pennsylvania Avenue, Pennsylvania Avenue, Residence District R -9. The subdivision and consolidation will create two lots of 9037 ± square feet and 13,835 ± square feet. Orlando lacovelli, Owner /Applicant. Chairperson Wilcox opened the public hearing at 8:20 p.m. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:22 p.m. Board Member Howe - Are there other examples where lots have been approved by this board without road frontage? What are the implications for that? Chairperson Wilcox - We have approved lots without frontage primarily along Six Mile Creek. I do not know if we have approved building lots. PLANNING BOARD PAGE 10 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED Attorney Barney - I am not aware of the board approving building lots without frontage. However, the circumstance is unique because the property is on a paper street. The proposed resolution provides a condition that the applicant must obtain the appropriate variances from the Zoning Board of Appeals. The Zoning Board of Appeals has the authority to grant variances for access to lots that area not on public roads as long as you provide adequate access to emergency vehicles. The applicant must also obtain an agreement that provides access from the currently paved portion of Pennsylvania Avenue to these properties. We need to determine who owns the property between Pennsylvania Avenue and these lots. Mr. Walker - The Highway Superintendent should be included in the agreement negotiations. The Highway Superintendent would like to complete the road around to Kendall Avenue. We have a significant problem at the end of the road if there are two driveways. We do not have anywhere to pile the snow. There are drainage issues in the area. Attorney Barney - We currently pile the snow on Marilyn Avenue, Mr. Fabbroni - Section 280a under Town Law provides for access to parcels that are not on a street as long as they are wide enough to provide access for the emergency vehicles. Attorney Barney - The Zoning Board of Appeals does not have the right to grant access over a property that someone else owns. The interesting question is who owns that portion of Pennsylvania Avenue. It needs to be determined before the Zoning Board of Appeals can grant the variance. Mr. Fabbroni - The owners have dealt with this area as a common right -of -way to their lots. Orlando lacovelli, 347 Coddington Road - The lots in the area do not pay taxes on the proposed or paper road as it exists. No one is paying taxes on the land. The Town has to own the property if taxes have not been paid on the land for 50 years. Chairperson Wilcox - I talked with David Burbank on the Fire Department. He said the Fire Department would be happy to review any plans that are put forth to ensure proper access for emergency vehicles. I would like a positive statement from the Fire Department approving the access as part of my approval for the agreement. There also needs to be a way for the emergency vehicles to get out of the area. Mr. Fabbroni - The fire hydrant is approximate to the lots. Section 280a defines adequate access. We are proposing to build a two -way driveway down to the lots. It is wider than the average driveway. Chairperson Wilcox - The agreement is to be recorded in the Tompkins County Clerk's Office. Mr. Walker - There are some minor drainage issues that are of concern. We have problems of drainage going through the Kendall Avenue area. Prior to the issuance of a building permit the site plan and drainage plan need to be reviewed by the Director of Engineering and Highway Superintendent. PLANNING BOARD PAGE 11 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED = Preliminary and Final Subdivision Alf Subdivision, Pennsylvania Avenue, Tax Parcel Nos. 54 -5 -30 & 54 -5 -31. MOTION made by Rod Howe, seconded by George Conneman. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 2,880 ± square feet from Town of Ithaca Tax Parcel No. 54 -5 -30, to be consolidated with the adjacent parcel, Town of Ithaca Tax Parcel No. 54 -5 -31. The properties are located on Pennsylvania Avenue; Residence District R -9. The subdivision and consolidation will create two lots of 9,037 ± square feet (Parcel A) and 13,835.± square feet (Parcel B). Orlando lacovelli, Owner /Applicant; Lawrence Fabbroni, P.E., L.S., 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 March 20, 2001, 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 11 prepared by the Town Planning staff, and 3. The Planning Board, at a public hearing held on March 20, 2001, has reviewed and accepted as adequate a plat entitled, "Final Subdivision Plat, 2 -Lot Subdivision Pennsylvania Avenue, Lands of Orlando & Ralph lacovelli," prepared by Lawrence Fabbroni, P.E., L.S., dated February 18, 2001; 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 Checklists, having determined from the materials presented that the 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 2,880 ± square feet from Town of Ithaca Tax Parcel No. 54 -5 -30, to be consolidated with the adjacent parcel, Town of Ithaca Tax Parcel No. 54 -5 -31; located on Pennsylvania Avenue, Residence District R -9, as shown on a plat entitled, "Final Subdivision Plat, 2 -Lot Subdivision Pennsylvania Avenue, Lands of Orlando & Ralph lacovelli," prepared by Lawrence Fabbroni, P.E., L.S., date February 18, 2001, - subject to the following conditions: a. The name of the Town, County, State, current tax parcel numbers for the properties, and a stamped and signed Surveyor's Certificate, as required by the Final Subdivision checklist, on the final plat prior to signing, PLANNING BOARD PAGE 12 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED b. Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the approved plat and three dark -lined prints, amended as per condition "a" above, prior to filing with the Tompkins County Clerk's Office, C, The receipt, by the Director of Planning, of an agreement approved by the Director, the Chairman of the Planning Board, the Highway Superintendent, and the Town Attorney, which provides for access from each of the said lots to the publicly owned portion of Pennsylvania Avenue, and adequately provides for, and allocates responsibility for, snow plowing and maintenance of such access in a manner that assures access for fire and emergency vehicles to any buildings on said lots at all reasonable times, which agreement is to be recorded in the Tompkins County Clerk's Office concurrently with the filing of the approved subdivision plat, d. Within 6 months of this approval, consolidation of the 2,880 ± square feet from Tax Parcel No. 54 -5 -30 (Parcel B) with Tax Parcel No. 54 -5 -31 (Parcel A), and submission to the Town of Ithaca Planning Department a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels, and e. The obtaining of any necessary variances from the Zoning Board of Appeals prior to the issuance of a building permit, including a variance under Town Law 280 -a, resulting from the lack of frontage or a public road, and f. Approval of the access driveway design, location, and related drainage plan by the Director of Engineering and Highway Superintendent prior to issuance of an building permit. A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Mitrano, Conneman. NAYS: None. The motion was declared to be carried unanimously. AGENDA ITEM: SEAR Determination, Cornell University Baker Institute Expansion, Hungerford Hill Road. Chairperson Wilcox opened this segment of the meeting at 8:38 p.m. Chairperson Wilcox - Most of the discussion this evening will be environmental issues. I will give the public a chance to speak as part of the environmental review. Jim Pung, Project Manager - We have come with a prepared presentation. Doug Antczak, Baker Institute, Cornell University - We have occupied buildings on Snyder Hill Road for the past 60 years. The buildings are quite old and crowded. We find it difficult to address our research needs in these facilities. The footprint space available to each faculty member and their PLANNING BOARD PAGE 13 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED group is much smaller for the Institute than it is for other departments on campus. We would like to build a kennel to replace an old and aging kennel. The kennel no longer meets animal care requirements. The third component is building a lecture theater that can accommodate the Institute staff for weekly seminars. We want our construction project to give us more space per faculty member to allow us to bring all faculty under one roof. We want to have a construction project that will not disrupt our current activities. Bill Goodreau, Architect - We have been at the Institute for three years working on the functional solution for the needs to expand the facility. There are two aspects of our design. One is a functional solution to the building and the interior of the building. There are aesthetic considerations that are also functional. The site is a collection of buildings. Dr. Antczak wanted the site tied together visually and functionally. The solution involved vacating the existing laboratory kennel. We needed to relocate the Labradors in the ground floor of the building. We would then have a connecting link between the new laboratory to the existing facilities. We designed a 42,000 square foot building on three floors. The lecture hall is about 2,500 square feet. It was tied in with the service road and farmhouse facility. Mr. Goodreau presented the site map to the board. The materials of the building are an attempt to tie together the general overall tone of the existing buildings. The building will be two - toned. The design is bringing together the buildings and creating a cohesiveness. We felt we could achieve it through two vehicles. One is the massing of the building and the other is the landscaping and lighting of the facility. Mr. Goodreau presented the landscape plan to the board. The landscape plan has an assortment of trees and plants we intend to use on the site. The first objective to screen the parking lot coming from the north end of the campus. The parking lot has been screened by the use of Spruce, Fir and dark green tones. There is also hedging and more leafy, dense trees. We are trying to achieve the use of conifers and the integration of dense, deciduous trees. The other aspect of the plan is to create a sense of arrival to the campus. The exposure is a wonderful opportunity to get a lot of color into the campus. We introduced Red oaks and lighter, leafier trees creating an entrance at the front of the building. The courtyard is choosing these plants to provide some softening. We are using four types of light fixtures on the site. One is a down light fixture on the patio entrance to the lecture hall. The fixtures we have chosen reflect the proposed lighting ordinance. The ballards are down lighted around the building. There are wall packs on the sides of the building. The remainder of lighting is existing lighting on the parking lot and kennel. Lee Davis, ENSR. Corporation - We were retained by Cornell to evaluate the air quality impacts of the proposed facility. We prepared a report for the board. Mr. Davis presented the Air Quality Impact PLANNING BOARD PAGE 14 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED Assessment to the board. See Attachment # 1. Mr. Davis briefly described the assessment to the board. Mr. Davis - There are many different chemicals used. They are used in very small quantities. Research facilities are usually exempt from permit review by State and Federal requirements. It is typical procedure for Cornell to conduct an air quality impact assessment of major laboratories. We did an evaluation of the air quality impact assessment as part of that process and part of the design process. First, we survey to identify the different chemicals that would be used in this facility. It is very important how they store and size the containers. The second step is to look at the chemicals and the data sheet of each chemical. We identify the risk associated with the chemicals and the safe levels that have been recognized for the chemicals. There are safety guidelines for most of the chemicals used in this type of facility. There is a procedure we use to identify the safety levels if there are not safety guidelines. The procedure has been outlined in our report. The third step is to look at the impact of the chemical. We identify the best practice for handling the chemical and controlling the chemical. The fourth step is to calculate what the worse case emissions would be if the beaker or container broke. We assume the entire liquid is exhausted through the exhaust system into the outdoor environment. It is very conservative because in most cases someone will clean up the spill. We then take the emission rate and run it through a mathematical model that represents the dispersion process. We look at the concentrations and compare them with the safe levels for each chemical. The analysis is completed if the concentrations are below the safe levels. We look at more realistic rates and add additional control if the safe levels are exceeded. The controls proposed resulted in safe levels for all chemicals. We looked at about 80 chemicals. The steam hood within the laboratory has a fan on top of it. The fan maintains pressure within the steam hood and within the laboratory. The contents would be exhausted through this system to the outdoor environment if there was a spill. It is good practice to build the stack so that the contents being emitted from the stack disperse beyond the adverse flows. The building could be contaminated if the chemical area dispersed within the adverse flows. Chairperson Wilcox - Who determines the regions on top of the roof? Mr. Davis - The regions are determined based upon wind tunnel modeling. We look at a facility with the same geometry. We do this from every wind direction and wind speed. There is a complete redundancy in this laboratory. All the laboratory and building ventilation is exhausted through one stack. The second stack would kick in if there was a problem with the first stack. The kennels have their own stack. The topographical map of the region shows a radius of 2 miles. We evaluated impacts at thousands of locations within the study area.. We assume each receptor that we model represents the most sensitive receptor in terms of exposures to the public. We look at the maximum impact within the region. PLANNING BOARD PAGE 15 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED In this case we found that all concentrations were substantially lower than the safety guideline levels established by New York State. We also found in each case the maximum impact decreased within this region. Chairperson Wilcox - The chemical that has the potential to exceed the safety guidelines is chloroform. What is so interesting about chloroform? Mr. Davis - Guidelines are established for each chemical. There are margins of safety designed into the guidelines. In most cases there is a factor of ten. The lower threshold level would suggest the higher toxicity of the chemicals. Chloroform is one of the most toxic chemicals that would be used in the facility. Board Member Howe - What happens if several chemicals are spilled at the same time? Mr. Davis - That type of spill might happen once a year or every two years. Generally the chemicals are used for short periods of time. The joint probability of having two spills at the same time during the worse case meteorology is so low that it would not make sense to look at it. Chairperson Wilcox - Are you aware of any new chemicals that would be used at this facility after this review is'complete? Mr. Davis - There is an environmental management plan for each laboratory at Cornell. The laboratory has to go through review before they can use a new chemical or new container in the laboratory. The chemical would need to meet the assessment criteria. This system must be in place to insure safety. We developed the method for Cornell. Board Member Howe - Are emissions checked on a regular basis? Mr. Davis - No. Emissions are checked for an industrial laboratory on a regular basis. An industrial laboratory uses the same chemicals at a much greater quantity. Chairperson Wilcox - I want to make sure that these are chemicals that have been handled at the Baker Institute in the past and that all we are doing is providing new laboratory space for the continued use of these chemicals. Mr. Antczak - All the chemicals and the all the radioactive material that has been used at the Institute in the past are proposed for the new building. The chemicals have not changed. We are only going to make for better safety conditions by building modern laboratories. The use of radioactive material is decreasing at a quick rate. There is a great pressure to switch to non - radioactive uses. We have highly trained personnel. David Herrick, TG Miller - We came before the Town last year for sketch plan review. We went away with a checklist of items for storm water management.. There were regional issues. We worked with Town staff to understand what the Town was doing on a regional perspective. I understood at that time the Engineering Department was looking at an overall regional management plan for the hillside. PLANNING BOARD PAGE 16 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED The work that we are doing on a smaller regional basis and more specific site basis is information that can be plugged into the Town model. We also walked the hillside in order patterns. We were able to redefine would be impacted if we did nothing development of the watershed map. are primarily affecting sub area two. partially drained by a pipe system i drainage from the existing buildings. buildings and parking lots. It travels into the residential properties below, to get a better feel for the current drainage characteristics and the watershed boundaries so that we knew exactly what lands with the increases in storm water runoff. The work led to the The watershed map shows four small sub areas. We found we It is a small amount of acreage. Under current conditions it is o Snyder Hill Road. The pipe system picks up some of the There is also sheet drainage off the backside of the existing across the pastures and downhill. It crosses the property line The proposed modifications to the site would exacerbate the condition if we did not mitigate it. Our strategy has been to pick up with a dry swale design that runs parallel with the contours of the hill. The concentrated runoff and a large percentage of the sheet drainage will be picked up in our detention facility. We have been able to mitigate the peak rates of discharge for the various design storms from all the improvements in the watershed. We are effectively mitigating peak rates of runoff and improving water quality. The technique that we are using for storm water quality is a filter. It is a French drain system that allows for filtration of the water. It is a technique that is more widely accepted and proposed. The system is a better technique than the current use of dry basins that do nothing more than allow sediment to fall out. The large lineal basin will be able to mitigate the peak rates of runoff to below current levels. We are satisfying the expectations of the Town Engineer. We are exceeding the requirements of the current State SPEDES permit. Chairperson Wilcox - How does the water travel from the potential facility to Snyder Hill Road? Mr. Herrick - We have an outlet structure at the southern end of the basin. We need a larger pipe for the 100 year storm. It would not take a lot to exceed the capacity of the current pipe. Dwight Lopes, Cornell University - There was concern raised by the board during our first sketch plan review regarding what the project would look like from a distance. We stood on our site and determined which areas around us we could see. We went to the areas and took pictures towards the Institute. These pictures were provided to the board in the packet. Picture A is the view from the Ithaca College area. The telephoto view indicates the extent of our buildings and the proposed project location. We then took a picture from 135 North View Road. The third picture was taken from East King Road. The fourth picture was taken from the THERM Plant. The final pictures were taken from across the inlet on West Hill. It is difficult to seethe building from West Hill. The buildings are not very visible from the east because of the topography. There is a neighborhood in the Dove Drive area where you are able to see some portions of the property. It is difficult to see the Institute from Ellis Hollow Road because of the topography. PLANNING BOARD PAGE 17 1 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED Chairperson Wilcox - What is the proposed sedimentation and erosion control measures during construction? Mr. Herrick - We are providing through the documents and into the construction . document requirements continual and diligent monitoring of the erosion of exposed soil on the site. We have worked into the schedule to establish the swale as a temporary sediment trap. It is downhill from the improvements. The basin will accommodate several rainfall events with a lot of sedimentation before it needs to be cleaned out. Board Member Conneman - Does staff have any comments on the drainage? Mr. Walker - They have addressed sedimentation and erosion control very well. Staff has been developing an overall model for this area. Everything fits into the Town drainage plan for this area. Chairperson Wilcox - We have been assured .through documents provided that there will be an addition of one to three employees. It is not a significant traffic impact. The County in their 239 review mentioned they were happy that two invasive species originally listed on the landscape plan have been removed. The original County 239 review raised issues about air quality. It lead to the air quality study. The County now feels the proposal will have no significant deleterious impacts. The lighting for the site is appropriate. The spill into the atmosphere has been minimized. Hollis Erb, 118 Snyder Hill Road - The water runoff and mitigation plan sounds very good. I am concerned about construction traffic. Will it enter Hungerford Hill Road from the south through the residences or will it enter from the north? Steve Wright, Cornell University - I do. not think there is an issue with construction traffic. Construction traffic can be directed to avoid the residents on Hungerford Hill Road. Chairperson Wilcox - There is an advantage to bringing the construction traffic off Ellis Hollow Road from the north. Chairperson Wilcox closed this segment of the meeting at 9:40 p.m. RESOLUTION NO. 2001 -22 - SEOR Preliminary Site Plan Approval and Recommendation to the Zoning Board of Appeals Regarding Special Approval, Cornell University Baker Institute Expansion, Hungerford Hill Road, Tax Parcel No. 61 =1 -7.2. MOTION made by Rod Howe, seconded by George Conneman. WHEREAS. 1. This action is consideration of Preliminary Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed expansion of the James A. Baker Institute for Animal Health at Cornell University, located on Hungerford Hill Road on Town of Ithaca Tax Parcel No. 61- 1 -72, Residence District R -30. The proposed 41,400 +/- PLANNING BOARD PAGE 18 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED APPROVED square foot (gross), three floor expansion will include new laboratories, offices, a kennel facility, and a new 100 seat lecture theater. Modifications to the parking lots and walkways are also proposed. Cornell University, Owner/ Applicant; James Pung, ArchitecdProject Manager, Agent. 2. This is a Type I Action for which the Town of Ithaca Planning Board has declared its intent to act as Lead Agency in environmental review with respect to Site Plan Approval and Special Approval, and 3. The Planning Board, on March 20, 2001 has reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and a Part 11 prepared by Town Planning staff, plans included in Volume 1 and Volume 2 of documents titled " Development Review Application for The James A. Baker Institute for Animal Health," dated October 6, 2000, 'Air Quality Impact Assessment" dated February 2001, 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 and Special 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, Conneman, Mitrano, Conneman. NAYS: None. The motion was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed expansion of the James A. Baker Institute for Animal Health at Cornell University, located on Hungerford Hill Road, Town of Ithaca Tax Parcel No. 61- 1 -7.1, Residence District R -30. The proposed 41,400 ± square foot (gross), three -floor expansion will include new laboratories, offices, a kennel facility, and a 100 -seat lecture theater. Modifications to the parking lots and walkways are also proposed. Cornell University Owner /Applicant; James Pung, Architect/Project Manager, Agent. Chairperson Wilcox opened the public hearing at 9:40 p.m. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 9:41 p.m. PLANNING BOARD PAGE 19 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED Chairperson Wilcox - The applicant has done a great job. There were a lot of environmental issues. appreciate the time and money that was put in to provide the board with the materials. It made our job much easier. Should we include a provision in the resolution to require construction traffic to proceed to the north? Attorney Barney - It could be included as condition e. Shirley Egan, Cornell University - Could the board reword condition a to state that Cornell be required to put into its contract that the contractor is required to enter and exit the site using Ellis Hollow Road? We will try to control the traffic as much as possible. Attorney Barney - Yes. I have included that substantially all traffic enter and exit the site using Ellis Hollow Road, RESOLUTION NO. 2001 -23 - Preliminary Site Plan Approval and Recommendation to the Zoning Board of Appeals Regarding Special Approval, Cornell University Baker Institute Expansion, Hunggerford Hill Road, Tax Parcel No. 614-7.2. MOTION made by Tracy Mitrano, seconded by Rod Howe. WHEREAS. 1. This action is consideration of Preliminary Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed expansion of the James A. Baker Institute for Animal Health at Cornell University, located on Hungerford Hill Road on Town of Ithaca Tax Parcel No, 61- 1 -7.2, Residence District R -30. The proposed 41,400 +/- square foot (gross), three floor expansion will include new laboratories, offices, a kennel facility, and a new 100 seat lecture theater. Modifications to the parking lots and walkways are also proposed. Cornell University, Owner/ Applicant; James Pung, Architect/Project Manager, Agent. 2. This is a Type I Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval and Special Approval, has, on March 20, 2001 made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, and a Part 11 prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on March 20, 2001, has reviewed and accepted as adequate, plans included in Volume 1 and Volume 2 of documents titled "Development Review Application for The James A. Baker Institute for Animal Health," dated October 6, 2000, "Air Quality Impact Assessment" dated February 2001, and other application material, and NOW THEREFORE BE IT RESOLVED. PLANNING BOARD PAGE 20 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Site Plan Approval, as shown on the Preliminary 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 Site Plan Approval for the proposed 41,400 +/- square foot (gross) expansion to the James A. Baker Institute for Animal Health at Cornell University, located on Hungerford Hill Road, Town of Ithaca Tax Parcel No. 61. 1-72, including new laboratories, offices, a kennel facility, and a new 100 seat lecture theater, subject to the following conditions: a. revision of the site plan to include the name and seal of registered land surveyor or engineer who prepared the topographic survey and the date of the survey, and bm submission of an original or mylar copy of the final site plan, including the above revision, to be retained by the Town of Ithaca, prior to the issuance of a building permit, and C, granting by the Zoning Board of Appeals of the required Special Approval and any other necessary approvals prior to Final Site Plan Approval, and d, submission of architectural details of the proposed expansion (colors, materials, etc.) prior to Final Site Plan Approval, and e. that all substantial construction related traffic enter the site from the north from Ellis Hollow Road rather than from the south from Snyder Hill Road. AND BE IT FURTHER RESOLVED: 1. That the Planning Board, in making its recommendation regarding Special Approval to the Zoning Board of Appeals, determines the following: a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; b, the existing and probable future character of the neighborhood will not be adversely affected as a result-of the proposed use; C, the specific proposed use as a result of the proposed project is in accordance with a Comprehensive Plan of development of the Town of Ithaca. 2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be granted. A vote on the motion resulted as follows: PLANNING BOARD PAGE 21 MARCH 20, 2001 APPROVED - APPROVED - APPROVED - APRIL 17, 2001 - APPROVED - APPROVED - APPROVED AYES: Wilcox, Conneman, Mitrano, Conneman. NAYS: None. The motion was declared to be carried unanimously. AGENDA ITEM: OTHER BUSINESS: The board discussed the procedure by which the minutes are the be reviewed and approved. It was determined that the draft minutes from each meeting will be sent to board members on a rotating basis for review. Any corrections will be given to the Town Clerk's office at least two days before the upcoming Planning Board meeting. The minutes will then be corrected and circulated to board members for approval at the next Planning Board meeting. Board Member Howe - We will be interviewing two candidates for the Planning Board vacancy, Tuesday, March 27, 2001 at 6:30 p.m. Board Member Conneman - The Transportation Committee meeting is Monday, March 26, 2001 at 10:30 a.m. The group will be productive if it remains small. Ms: Ritter - Ecovillage will be submitting an application at the end of the month for their draft GEIS. The Planning Board will need to review it for completeness. We have 30 days to do so. Chairperson Wilcox - It has been mentioned that Ecovillage was not maintaining their secondary access for emergency vehicles. It is a gated access on West Haven Road, Ms. Ritter - We can report the concern to Mr. Frost, AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the March 20, 2001 meeting of Town of Ithaca Planning Board duly adjourned at 10:06 p.m. Respectfully submitted: �cA. �J�r .. V Carrie Whitmore, Deputy Town Clerk/Deputy Receive of Taxes