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HomeMy WebLinkAboutPB Minutes 2009-06-30TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, June 30, 2009 AGF.N6A 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Cayuga Heights School Age Program at St. Catherine of Siena Church, 302 St. Catherine Cir. 7:05 P.M. PUBLIC HEARING: Consideration of Special Permit by the Town of Ithaca Planning Board for the proposed Cayuga Heights School Age Program at St. Catherine of Siena Church, located at 302 Saint Catherine Circle, Town of Ithaca Tax Parcel No. 71 -1 -10, Medium Density Residential Zone. The proposal involves temporarily using a portion of the existing church building (meeting rooms and restrooms) for the childcare / summer camp program. St. Catherine of Siena Church, Owner; Cayuga Heights School Age Program, Applicant; Michael Collins, Director, Agent. 7:15 P.M. SEQR Determination: Kasonic Builders Office / Storage (Contractor's Business), 635 Elmira Rd. 7:15 P.M. PUBLIC HEARING: Consideration of Special Permit to allow Kasonic Builders, LLC to convert the existing buildings at 635 Elmira Road into new offices and storage in conjunction with their contractor's business, Town of Ithaca Tax Parcel No. 35 -1 -21, Neighborhood Commercial (NC) Zone. The project involves creating space in the existing buildings for offices, record storage, blueprint storage, and storage of various construction materials and equipment. The proposed use is not specifically permitted in the NC Zone and therefore the Planning Board must find that the proposed use is substantially similar to a use permitted as of right in the NC Zone and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant (Town Code Section 270 -127 (K)). The Planning Board may also consider Preliminary and Final Site Plan Approval (Site Plan Modification) for this project since it involves a change in occupancy or use (Town Code Section 270 -19.1 (4)). Thomas & Mary McGuire, Owner; Kasonic Builders, LLC, Applicant; Barry Kasonic, Agent. 7:30 P.M. SEQR Determination: Lakeside Nursing Home Modifications, 1229 -31 Trumansburg Rd. 7:30 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed modifications to the Lakeside Nursing Home located at 1229 -31 Trumansburg Road, Town of Ithaca Tax Parcel No. 26 -4 -46.1, Medium Density Residential Zone. The proposal involves a change in use /occupancy to convert a portion of the Nursing Home to an Assisted Living Program and Adult Day Care facility. The project also involves exterior modifications including new entry -way canopies, the relocation of the loading dock to the back of the building, and re- paving and adding additional parking. Lakeside Nursing Home, Inc.' Owner; Mark Farchione, LNH Operating Co., LLC, Applicant; Kristin E. Gutenberger, Agent. 7:45 P.M. SEQR Determination: Ithaca College Temporary Student Housing, 130 Flora Brown Dr. 7:45 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Temporary Residence Hall located on the Ithaca College campus at 130 Flora Brown Drive, Town of Ithaca Tax Parcel No.'s 41 -1- 30.2 and 42-1.43. 1, Medium Density Residential Zone. The proposal involves placing a two - story, +/- 8,213 square foot modular residence hall building to the southwest of the existing Terrace Buildings on the existing L -Lot and will include new utilities, landscaping and bicycle racks. The building would accommodate approximately 100 students and will remain in place for at least four years. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President, Office of Facilities, Agent. 10. Approval of Minutes: June 16, 2009. 11. Other Business: 12. Adjournment. Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY SANDY POLCE AT 273 -1747. (A quorum of four (4) members is necessary to conduct Planning Board business.) FILE DATE SPECIAL MEETING TOWN OF ITHACA PLANNING BOARD TUESDAY, JUNE 30, 2009 215 NORTH TIOGA STREET ITHACA, NEW YORK Board Members Present Rod Howe, Chairperson; Fred Wilcox, George Conneman, Hollis Erb, Jon Bosak, Kevin Talty. Excused Susan Riha, Ellen Baer. Staff Present Jonathan Kanter, Director of Planning; Susan Brock, Attorney for the Town; Mike Smith, Environmental Planner; Creig Hebdon, Assistant Director of Engineering; Kristie Rice, Senior Code Enforcement Officer; Carrie Coates Whitmore, First Deputy Town Clerk. Others Michael Collins, Barry Kasonic, Peter Trowbridge, Andy Scriabba, Kristen Gutenberger, Mark Fardione, Rich Couture. Call to Order Chairperson Howe declared the meeting duly opened at 7:03 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 June 22, 2009 and June 24, 2009, 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 June 24, 2009. AGENDA ITEM Persons to be heard None. AGENDA ITEM SEAR Determination: Cayuga Heights School Age Program at St. Catherine of Siena Church, 302 St. Catherine Circle And PUBLIC HEARING Consideration of Special Permit by the Town of Ithaca Planning Board for the proposed Cayuga Heights School Age Program at St. Catherine of Siena Church, located at 302 Saint Catherine Circle, Town of Ithaca Tax Parcel No. 71 -1 -10, Medium Density Residential Zone. The proposal involves temporarily using a Planning Board Minutes June 30, 2009 Final portion of the existing church building (meeting rooms and restrooms) for the childcare I summer camp program. St. Catherine of Siena Church, Owner; Cayuga Heights School Age Program, Applicant; Michael Collins, Director, Agent. Michael Collins, Director of Cayuga Heights School Age Program, came before the Board and gave a brief overview of his application. He explained that the program has been displaced due to construction and that the program was scheduled to begin Monday, July 6, 2009. Mr. Collins thought that there would be little impact on the church and the neighborhood. Chairperson Howe asked Mr. Collins if he was aware of any environmental issues. Mr. Collins was not aware of any. Chairperson Howe solicited comments and questions from the Board. Board Member Erb noticed that there are two different entrances and two different driveways into the part of the building that will be used. Application materials did not specify that the lobby entrance with the main parking lot would be utilized. Board Member Erb was not comfortable with the back door being used. Mr. Collins assured Board Member Erb that the back door would only be used in emergencies. Chairperson Howe opened the public hearing at 7:06 p.m. and invited the public to address the Board. There being none, Chairperson Howe asked the Board if they had questions regarding SEQR. With no questions or discussion, Board Member Conneman moved and Board Member Talty seconded the proposed SEQR resolution. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-049: SEQR, Special Permit, Cayuga Heights School Ac_je Program, 302 St. Catherine Circle, Tax Parcel No. 71 -1 -10 MOTION made by George Conneman, seconded by Kevin Tally. WHEREAS: This action is consideration of Special Permit for the proposed Cayuga Heights School Age Program at St. Catherine of Siena Church, located at 302 Saint Catherine Circle, Town of Ithaca Tax Parcel No. 71 -1 -10, Medium Density Residential Zone. The proposal involves temporarily using a portion of the existing church (Parish Center meeting rooms and restrooms) for the children's summer day camp program. St. Catherine of Siena Church, Owner, Cayuga Heights School Age Program, Applicant, Michael Collins, Director, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to special permit, and Page 2 of 22 Planning Board Minutes June 30, 2009 Final 3. The Planning Board, on June 30, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part 1, submitted by the applicant, and Part Il prepared by Town Planning staff, a narrative explaining the proposal, a floor plan of the Parish Center, and a site plan of the property, submitted by the applicant and date stamped June 9, 2009, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed project; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part ll, and, therefore, a Draft Environmental Impact Statement will not be required. A vote on the Motion resulted as follows: AYES: Howe, Conneman, Bosak, Tally, Erb, Wilcox. NAYS: None The Motion was declared to be carried unanimously. Chairperson Howe again invited the public to address the Board. There being no one, he closed the public hearing at 7:08 p.m. Board Member Wilcox asked Board Member Erb if she was comfortable with the ingress and egress of the site. The Board then briefly discussed the ingress and egress of the building (site) and decided that they were satisfied with Mr. Collins's assurance that the back door would only be used for emergency purposes. Board Member Erb stated that she was comfortable with the proposed resolution given that Mr. Collins's statement is on the record. Board Member Talty moved and Board Member Erb seconded the proposed resolution. Changes — condition a, Special Permit to expire September 15, 2009. Chairperson Howe called for a vote — carried unanimously. Page 3 of 22 Planning Board Minutes June 30, 2009 Final PB RESOLUTION NO. 2009 -050: Special Permit. Cayucia Heights School Ac ie Program, 302 St. Catherine Circle, Tax Parcel No. 71 -1 -10 MOTION made by Kevin Tally, seconded by Hollis Erb. WHEREAS: 1. This action is consideration of Special Permit for the proposed Cayuga Heights School Age Program at St. Catherine of Siena Church, located at 302 Saint Catherine Circle, Town of Ithaca Tax Parcel No. 71 -1 -10, Medium Density Residential Zone. The proposal involves temporarily using a portion of the existing church (Parish Center meeting rooms and restrooms) for the children's summer day camp program. St. Catherine of Siena Church, Owner, Cayuga Heights School Age Program, Applicant, Michael Collins, Director, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to the special permit has, on June 30, 2009, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part 11 prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on June 30, 2009 has reviewed and accepted as adequate a narrative explaining the proposal, a floor plan of the Parish Center, and a site plan of the property, along with other application materials submitted by the applicant and date stamped June 9, 2009. NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants Special Permit for the proposed Cayuga Heights School Age Program children's summer day camp, finding that the standards of Article XXIV Section 270 -200, Subsections A — L, of the Town of Ithaca Code have been met, and such approval conditioned on the following: a. That the Special Permit approval shall expire on September 15, 2009. A vote on the Motion resulted as follows: AYES: Howe, Conneman, Bosak, Tally, Erb, Wilcox. NAYS: None The Motion was declared to be carried unanimously. Page 4 of 22 Planning Board Minutes June 30, 2009 Final AGENDA ITEM SEOR Determination: Kasonic Builders Office / Storage (Contractor's Business), 635 Elmira Rd. And PUBLIC HEARING Consideration of Special Permit to allow Kasonic Builders, LLC to convert the existing buildings at 635 Elmira Road into new offices and storage in conjunction with their contractor's business, Town of Ithaca Tax Parcel No. 35 -1 -21, Neighborhood Commercial (NC) Zone. The project involves creating space in the existing buildings for offices, record storage, blueprint storage, and storage of various construction materials and equipment. The proposed use is not specifically permitted in the NC Zone and therefore the Planning Board must find that the proposed use is substantially similar to a use permitted as of right in the NC Zone and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant (Town Code Section 270 -127 (K)). The Planning Board may also consider Preliminary and Final Site Plan Approval (Site Plan Modification) for this project since it involves a change in occupancy or use (Town Code Section 270 -191 (4)). Thomas & Mary McGuire, Owner; Kasonic Builders, LLC, Applicant; Barry Kasonic, Agent. Barry Kasonic introduced himself to the Board and gave a brief overview of his proposed application. He stated that his business is becoming more of a construction management business than contractors. Mr. Kasonic was not aware of any environmental issues related to the proposed use. Chairperson Howe solicited questions from the Board and staff. Attorney Brock asked if there would be any machines operating inside the storage areas such as cutting wood, etc. Mr. Kasonic responded that he may cut a piece of wood every three month; he said that they do not really make anything or do anything at the site other than operate the office. Mr. Kanter stated that they discussed the issue with Mr. Kasonic during the application process; staff was comfortable that such activities would be limited and that the noise would not be heard from outside. The Board was comfortable with the proposed use. Board Member Erb asked how often both construction trailers would be on site. Mr. Kasonic explained that they currently only have one trailer, and when the trailer is on site it will be located behind a fence so that it is not visible from the road. He pointed out the proposed storage location of the trailer to the Board. Board Member Erb said that she was uncomfortable when driving the complete semi- circle around the back of the property because it looked as if part of the semi - circle belonged to the residence. Mr. Kasonic thought that driveway did. Board Member Erb then asked for further detail of where the construction trailer would be parked. Mr. Kasonic explained that the trailer would be parked behind the fence posts and he would Page 5 of 22 Planning Board Minutes June 30, 2009 Final be building a fence using the posts. Board Member Erb expressed strong support for the location of the trailer. Chairperson Howe opened the public hearing at 7:17 p.m. and invited the public to address the Board. There being no one, Chairperson Howe asked the Board -if they were comfortable with the proposed uses and if they felt that the uses were substantially similar to what is permitted as of right in a neighborhood commercial zone. The Board indicated that they were comfortable with the proposed uses. With no further discussion regarding SEQR, Board Member Erb moved and Board Member Conneman seconded the proposed resolution. Changes to EAF Short Form Part II: C1 add "primarily ". C1 then read, "Traffic will be primarily limited to employees..." C2 add "except for one 5 foot by 10 foot job trailer" to the end of the sentence. Changes to proposed resolution: Whereas 2, delete "as lead agency" and insert "in an uncoordinated ", remainder of clause remains the same. Board agreed to changes. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-051: SEQR, Kasonic Builders LLC, Special Permit and Site Plan Modification, Tax Parcel No. 35 -1 -21, 635 Elmira Road MOTION made by Hollis Erb, seconded by George Conneman. WHEREAS: 1. The Town of Ithaca Planning Board is considering a Special Permit and Preliminary and Final Site Plan Approval (Site Plan Modification) for the proposed conversion of the existing buildings at 635 Elmira Road into new offices and storage in conjunction with their contractor's business, Town of Ithaca Tax Parcel No. 35 -1 -21, Neighborhood Commercial (NC) Zone. The project involves creating space in the existing buildings for offices, record storage, blueprint storage, and storage of various construction materials and equipment. The proposed use is not specifically permitted in the NC Zone and therefore the Planning Board must find that the proposed use is substantially similar to a use permitted as of right in the NC Zone and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant (Town Code Section 270 -127 (K)). Thomas & Mary McGuire, Owner, Kasonic Builders, LLC, Applicant, Barry Kasonic, Agent, and Page 6 of 22 Planning Board Minutes June 30, 2009 Final 2. The proposed special permit and site plan modification are unlisted actions for which the Town of Ithaca Planning Board is acting in an uncoordinated environmental review of these actions, and 3. The Planning Board, on June 30, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part 11 prepared by Town Planning staff, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed special permit and site plan modification, NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part 11 in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above referenced actions 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: Howe, Conneman, Bosak, Talty, Erb, Wilcox. NAYS: None The Motion was declared to be carried unanimously. Board Member Wilcox asked Mr. Kasonic if he was comfortable with the condition that there be no outside storage of materials or machinery on site. Mr. Kasonic was comfortable with the condition. Mr. Kanter added that they will need to modify the resolution so that it is clear that the construction trailer is permitted to be stored on site. Chairperson Howe closed the public hearing at 7:23 p.m. Board Member Wilcox moved and Board Member Erb seconded the proposed resolution. Changes to resolution: Condition c, add, "Except that one 5 foot by 10 foot job trailer shall be allowed to be located on the site" to the end of the sentence. The Board briefly discussed if it was necessary to describe the location of the job trailer in the resolution; members felt that the location was adequately addressed. ' Page 7 of 22 Planning Board Minutes June 30, 2009 Final Special Permit provision, be it further resolved clause; add, "subject to the receipt of necessary approvals from the Zoning Board of Appeals." Whereas paragraph 2, strike "as lead agency" and insert "in an uncoordinated" before the words "environmental review ". Paragraph 3, "applications" should be "application ". 1 st Resolved clause, "use" should be "uses ". Now therefore be it resolved clause, add "except that one 5 foot by 10 foot job trailer shall be allowed to be located on the site" to the end of the sentence. And be it further resolved clause paragraph 2, change "applications" to "application ". Board agreed to changes. PB RESOLUTION NO. 2009-052.- Kasonic Builders LLC. Special Permit and Site Plan Modification, Tax Parcel No. 35-1-21, 635 Elmira Road MOTION made by Fred Wilcox, seconded by Hollis Erb. WHEREAS: 1. This action is consideration of a Special Permit and Preliminary and Final Site Plan Approval (Site Plan Modification) for the proposed conversion of the existing buildings at 635 Elmira Road into new offices and storage in conjunction with their contractor's business, Town of Ithaca Tax Parcel No. 35 -1 -21, Neighborhood Commercial (NC) Zone. The project involves creating space in the existing buildings for offices, record storage, blueprint storage, and storage of various construction materials and equipment. The proposed use is not specifically permitted in the NC Zone and therefore the Planning Board must find that the proposed use is substantially similar to a use permitted as of right in the NC Zone and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant (Town Code Section 270 -127 (K)). Thomas & Mary McGuire, Owner; Kasonic Builders, LLC, Applicant; Barry Kasonic, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an uncoordinated environmental review with respect to the project has, on June 30, 2009, 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 11 prepared by Town Planning staff, and Page 8 of 22 Planning Board Minutes June 30, 2009 Final 3. The Planning Board, at a Public Hearing held on June 30, 2009, has reviewed and accepted as adequate, drawings entitled "Survey Map of 635 Elmira Road (NYS 13) — Lot 81 —Town of Ithaca — Tompkins County — New York'; dated 2113187, "Sheet A 1 (Floor Plan) — Kasonic Builders, 635 Elmira Road`, dated April 8, 2009, and other application materials, NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby finds that the proposed Kasonic Builders LLC contractor's business is substantially similar to a business, professional, administrative or governmental office, which is listed as a use permitted as of right in the Neighborhood Commercial Zone (Section 270 -126.0 of the Town of Ithaca Code), and that the proposed contractor's business does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant than the aforesaid uses permitted as of right. The proposed contractor's business will involve no exterior modifications to the site, has sufficient parking on site, traffic will be limited primarily to employees in the contractor's office, and the applicant has indicated that there will be no outdoor storage of contractor's equipment or machinery, except one 5 foot by 10 foot job trailer, AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby grants a Special Permit for the proposed Kasonic Builders LLC contractor's business at 635 Elmira Road finding that in addition to the above, the standards of Article XXIV Section 270 -200, Subsections A — L, of the Town of Ithaca Code, have been met, subject to the receipt of necessary approvals from the Zoning Board of Appeals, AND BE IT FURTHER 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 conversion of the existing buildings at 635 Elmira Road into new offices and storage in conjunction with Kasonic Builders contractor's business, as described on the drawings entitled "Survey Map of 635 Elmira Road _(NYS 13) — Lot 81 —Town of Ithaca — Tompkins County — New York', dated 2113187, "Sheet Al (Floor Plan) — Kasonic Builders, 635 Elmira Road`, dated April 8, 2009, and other application materials submitted to the Planning Board, subject to the following conditions: Page 9 of 22 Planning Board Minutes June 30, 2009 Final a. obtaining the necessary building permit from the Town of Ithaca Code Enforcement Office, and b. submission of one set of the final site plan drawings on mylar, vellum, or paper, signed and sealed by the registered land surveyor, engineer, architect, or landscape architect who prepared the site plan material, prior to the issuance of a building permit, and C. there shall be no outdoor storage of contractor's equipment, machinery or materials on the site at 635 Elmira Road except that one 5 foot by 10 foot job trailer shall be allowed to be located on the site. A vote on the Motion resulted as follows: AYES: Howe, Conneman, Bosak, Tally, Erb, Wilcox. NAYS: None The Motion was declared to be carried unanimously. AGENDA ITEM SEAR, Lakeside Nursing Home Modifications, 1229 -31 Trumansburg Rd. And PUBLIC HEARING Consideration of Preliminary and Final Site Plan Approval for the proposed modifications to the Lakeside Nursing Home located at 1229 -31 Trumansburg Road, Town of Ithaca Tax Parcel No. 26 -4 -46.1, Medium Density Residential Zone. The proposal involves a change in use /occupancy to convert a portion of the Nursing Home to an Assisted Living Program and Adult Day Care facility. The project also involves exterior modifications including new entry -way canopies, the relocation of the loading dock to the back of the building, and re- paving and adding additional parking. Lakeside Nursing Home, Inc., Owner; Mark Farchione, LNH Operating Co., LLC, Applicant; Kristin E. Gutenberger, Agent. Chairperson Howe directed the Board's attention to Ed Marx's letter and asked Attorney Brock to explain what the Board could and could not cover that evening. Attorney Brock explained that the County Planning Department's 239 - review letter says that the proposal as submitted to them is incomplete because it does not include detailed information as to how the proposal meets the use variance standard. She stated that the Planning Board does not deal with use variances because it is the purview of the Zoning Board of Appeals. Attorney Brock further explained that the 239 - requirements state that the County Planning Department has 30 days after receipt of a full statement of the proposed action in which to give the Town comments; she assumed that the County thought that there Page 10 of 22 Planning Board Minutes June 30, 2009 Final was not a full statement since information regarding the use variance was not provided. The Board cannot vote on preliminary and final approvals, but it could vote on SEQR. Attorney Brock thought that the Board could open the public hearing and leave it open until the next time the application is before the Board. The Board discussed whether or not it wanted to vote on SEQR that evening; they decided to hear the applicant's presentation and hold the public hearing, but would not vote on SEQR. Kristin Gutenberger and Mark Farchione came before the Board and gave a presentation to the Board. Ms. Gutenberger explained that the nursing home started operating at a loss in the 1990s and lost many of its residents. This caused the property to enter bankruptcy protection in 2003. Peregrine Health Management Corporation was placed as receiver under the bankruptcy court. The NYS Health Department determined in 2006 that Lakeside Nursing Home as it currently operates should be closed. Currently LNH Operating Company seeks to purchase the property and incorporate an Assisted Living Facility and Adult Daycare uses into the facility. Ms. Gutenberger then distributed site plan and site elevation drawings to the Board and described the site changes, including: existing curb cut would be remain, the loading dock would be relocated, additional parking and turn around area, new entrance canopy, repaved parking lot, and landscape maintenance. Board Member Conneman asked if new parking was planned in front of the building. Ms. Gutenberger explained that when the facility opened in 1960s the main entrance was in the front of the building with parking. The proposed parking and turn around area in front is similar to the 1960s parking layout. Mr. Farchione explained that without a parking area in the front of the building, there would not be a parking area for the adult home. The area would be limited to dropping off and picking up residents, and visitors. Board Member Bosak argued that the circle drive area would be sufficient if it was only being used for dropping off and picking up people. Board Member Erb suggested that a turn around with two handicap parking spaces would be sufficient. She said that there is a movement to get parking away from bordering roads. Board Member Bosak commented that according to the memo to the Board, the proposal is for 18 new parking spaces in front of the building and 16 new spaces in the northeast corner of the site. However, it is also stated that the additional 16 spaces are not needed. He suggested that the parking spaces in front of the building be eliminated because the new parking area in the back would provide sufficient parking. Mr. Farchione agreed that the parking along the road was troublesome and proposed that 10 spaces along the front of the building be permitted. Ms. Gutenberger added that there will not be a lot of traffic to the adult home in the evening. Board Member Talty asked if there is particular visiting hours for an adult home program. Mr. Farchione stated that there are not set visiting hours and visitors are permitted at any time. Page 11 of 22 Planning Board Minutes June 30, 2009 Final Chairperson Howe was not opposed to a smaller parking lot in front of the building. Board Member Talty supported allowing only handicap parking spaces in front of the building. Board Member Wilcox stated that he has read what the neighbors have stated, but just because the neighbors stated it doesn't mean that they are right and the plan has to change. He agreed that reducing the amount of parking in front of the building was reasonable, but wanted to make sure it was safe parking with safe ingress and egress. The architect recommended at least 20 parking spaces to Mr. Farchione. Chairperson Howe clarified that the Board would not be recommending a specific number of parking spaces, but rather the Board was giving the applicant a sense of what it would like to see in the application. He agreed with Board Member Wilcox and said that he would be concerned with anything that created problems for backing up etc. Board Member Talty felt that the Board was not using the same benchmark they've used in other projects as far as allowing parking lots in the front yard. He said that visitors should be able to park in the back of the building and walk to the front entrance; he agreed that there should be handicap accessible spaces in front of the building. Board Member Conneman asked if the parking lot would be shielded from the road. Ms. Gutenberger explained that there is a hill in the front yard so there will have to be a retaining wall, which would help shield the lot from the road. Board Member Wilcox stated that the Board would want to be satisfied that there is sufficient a sufficient berm or vegetation to make sure the parking lot is properly screened. Board Member Bosak was concerned with noise and activity during the night. He said the area to the right on the site plan is fairly wide and has nothing there but concrete bollards. He suggested that if the area was populated with trees it would substantially mitigate noise. Discussion then turned to the property to the north. Ms. Gutenberger explained that the neighbor's house encroaches onto Lakeside property. Board Member Erb commented that the relocation of the dock area would provide some noise mitigation. Board Member Bosak added that less traffic to and from the site was also a mitigation measure in and of itself. Mr. Farchione addressed the concern of headlights disrupting neighbors by explaining that exiting headlights would be blocked by screening. He added that the screening would not impede the highway sight -line. Board Member Bosak stated that reducing the number of parking spaces does not necessarily mean that there will be less pavement; it is two separate issues. Board Member Wilcox followed up with the comment that the Board is concerned with safe ingress and egress into the parking lot. Board Member Erb described the areas along the parking lot that she would like landscaping on. Board Member Talty reminded the Board that vegetation does not dampen noise; it dampens headlights. Board Member Talty stated that the hours for waste management should be limited, i.e., no garbage removal at 3 a.m. He also requested that construction hours be limited. Mr. Page 12 of 22 Planning Board Minutes June 30, 2009 Final Farchione responded that they have changed waste management companies to be more accommodating. They are also looking into purchasing a compactor to limit the number of trips to the site for waste management. Board Member Talty agreed that it would help limit trips, but compactors are very noisy. Chairperson Howe suggested that the applicant provide the Board with information regarding how often the compactor would be used and during what hours. Board Member Erb wanted to know the bottom -line number of required parking spaces. She counted 91 parking spaces on the site plan given to the Board that evening. Ms. Ritter stated 95 parking spaces are required and the Board can reduce the number of spaces by 20 %. She added that the number of required handicap parking spaces can be reduced when the total number of parking spaces is reduced. Board Member Erb commented that the minimum number of parking spaces would be 76. Mr. Farchione asked how many parking spaces are required for the adult daycare. Ms. Ritter explained that the Town does not have a specific requirement for an adult daycare. She thought the Town needed to know from the applicant what they thought they needed in terms of parking spaces for the adult daycare. Ms. Gutenberger explained that the clients of the adult daycare would be transported to and from the facility. Mr. Farchione was comfortable with using 95 parking spaces as the required number of parking spaces under Town Code and then reducing the number by 20 %. Mr. Kanter thought that the purpose of the front parking area should be to put in more handicap parking spaces and visitor parking spaces. He agreed with the applicant that it should not be used for employee or staff parking. Board Member Erb asked if Mr. Kanter was suggesting that handicap parking spaces be shifted from another parking area on site to the front parking area. Mr. Kanter said that he was. The Board identified handicap parking spaces that could be relocated to the front parking lot. Ms. Rice stated that the parking spaces to the side of the building for the third use do not meet Code because of the slope. She explained that the slope from the parking lot to the entryway exceed ADA slope requirements. Board Member Bosak asked if lights would be put on the concrete light pole bases shown on the site plan. Mr. Farchione was not sure. Board Member Wilcox thought that the architect was just noting that the bases were on the site because he did not see anything in the application materials to indicate that there was proposed lighting. Mr. Kanter stated that when the applicant comes before the Board for preliminary and final site plan approval, the application needs to include all details. He added that the Board also needs to see details for regrading of the parking areas. Board Member Talty asked if site lighting would be modified or if there would be new site lighting. Mr. Farchione knew that there was new pole lighting in the back parking lot, but could not recall if there were pole lights along the drive. Chairperson Howe Page 13 of 22 Planning Board Minutes June 30, 2009 Final stated that the Board needed to see details regarding proposed lighting and current lighting. Board Member Talty asked if drainage details were needed. Ms. Ritter explained that if there is less than 10,000 square feet of impervious surface then the applicant would need to submit a Simple Stormwater Pollution Prevention Plan when they apply for a building permit. Mr. Kanter stated that the Board could require that drainage details be submitted if they felt it was necessary. - Board Member Wilcox added that drainage details would be needed if the change is significant. Board Member Erb asked if pavement or dirt- gravel sheds more water. Ms. Ritter responded that pavement does, but a packed gravel area over time becomes somewhat impervious. Mr. Kanter expressed concerns regarding timing because it sounded as if there are details that the Board needs and he was not sure the materials would be ready for the July 21St meeting. Ms. Ritter was not sure what the Board would be looking for in a drainage plan because the parking area in front was going to be reduced and the site drains toward the road ditch. Board Member Bosak commented that the berm in front of the parking area would cause the water to drain away from the road. Mr. Hebdon explained that the Engineering Department would be looking for sediment and erosion control measures. He equated the drainage of the project to that of building a house. Chairperson Howe asked the Board if there were other major issues that they would like to talk about. Board Member Erb wanted to know where the dumpster would be located, how they would be screened from neighbors, and what type of screening would be used to prevent blowing of litter. Mr. Farchione agreed. Ms. Gutenberger explained that the Receivers are currently running the property at a loss and the current condition of the property is not the condition that the applicant anticipates it being in. She went on to say that they were under the impression that they needed to come before the Planning Board first because of their use variance request. The applicant did not want to put a lot into detailed plans if the use variance request was denied. Mr. Farchione felt that they could address concerns expressed by the Board by the next meeting. He asked if the sediment and erosion control plan needed to be reviewed by the Board or if it was part of the building permit process. Mr. Hebdon explained that the Board can require the plan to be submitted to them. Board Member Erb, pointing to an area on the site plan, did not understand why there was not landscaping proposed for that particular area of the site. Chairperson Howe noted that the Board has not addressed the change in use, but he thought everyone was supportive of the change in use to include the adult home assisted living and the adult daycare program. Page 14 of 22 Planning Board Minutes June 30, 2009 Final Board Member Wilcox recalled that there was a proposal before the Town Board for an assisted living facility on Elmira Road. The materials to the Town Board included reports stating that there was a need for this type of facility in Tompkins County. Attorney Brock added that the Berger Commission has also said that there is a need. She thought that Longview has also made the same statements in their applications before the Board. Attorney Brock stated that the current application says that the current skilled nursing facility is a legal non - conforming use, but noted that the statement was only partially true. She explained that the property has a long and complicated history. In the past the zoning line ran through the property, which resulted in two- thirds of the zone needing special approval and one -third needing a use variance. Then in subsequent approvals, the Zoning Board consistently granted a use variance and special approval. At some point, it was zoned so that the entire property was no longer an allowed use. The Zoning Board will be looking at modifying the use variance for the skilled nursing facility, adult home, and adult daycare. Board Member Wilcox asked when the facility was substantially completed and opened as the Board sees it today. Ms. Brock thought that it was around the 1970s. Chairperson Howe wrapped up discussion by stating that the applicant has heard the major issues that need to be addressed. Mr. Kanter summarized the materials the applicant needed to provide the Board — lighting details and locations; parking lot grading plan with retaining wall details (if applicable); location of dumpsters and screening of the dumpsters; sediment and erosion control plan; and landscaping plan with possible berms for screening. He was not sure if the materials could be submitted to the Board in time for the July 21 st Planning Board meeting. Chairperson Howe opened the public hearing at 8:29 p.m. and invited the public to address the Board. There were none. He stated that the public hearing would remain open. The Board thanked the applicant for their presentation. AGENDA ITEM SEAR, Ithaca College Temporary Student Housing, 130 Flora Brown Dr. And PUBLIC HEARING Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Temporary Residence Hall located on the Ithaca College campus at 130 Flora Brown Drive, Town of Ithaca Tax Parcel No.'s 41 -1- 30.2 and 42 -1 -13.1, Medium Density Residential Zone. The proposal involves placing a two- story, +/- 8,213 square foot modular residence hall building to the southwest of the existing Terrace Buildings on the existing L -Lot and will include Page 15 of 22 Planning Board Minutes June 30, 2009 Final new utilities, landscaping and bicycle racks. The building would accommodate approximately 100 students and will remain in place for at least four years. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President, Office of Facilities, Agent. Rick Couture appeared before the Board and gave a brief summary of the application (as explained in application materials and during sketch plan review). Mr. Couture stated that Ithaca College has decided that the Terrace site is the most suitable location for the building because 1) it is in a current residential area, 2) limited visibility of building from off campus. Mr. Couture then moved to address concern raised during sketch plan review. He indicated the exterior color of the building using simulations provided in the Board's packet. It was noted that the color scheme is in keeping with the Terrace resident halls. The College will remove 40 to 50 parking spaces and landscape around the building; they felt that this will have very little impact on stormwater runoff. Utilities will be run from adjacent buildings to the proposed building. Minimal vegetation will be removed in terms of clearing the area for the site. Mr. Couture noted that the project will not generate additional traffic on campus. He noted that the College has reviewed its parking policies for the upcoming year and are reducing the number of permits being given to incoming freshmen. They have also identified underutilized student parking lots on campus. Mr. Couture stated that Mr. Marx submitted a letter to the Town regarding parking on campus; he thought that Mr. Marx probably did not get the letter provided to the Town during sketch plan review that talked about changes in the College's parking policy. Chairperson Howe asked what percentage of students is housed on campus. Mr, Couture responded that they require all freshmen to live on campus and a certain number of upperclassmen are allowed to move off - campus. He thought that approximately 85% of students are housed on- campus. Board Member Wilcox reiterated the importance of "shielding" the building from view. Mr. Couture felt that the building was being shielded to the extent practical. He said that the building is surrounded by trees and screening; he also mentioned that it is hard to see Route 96B from the location. Mr. Couture noted that one of the reasons the area was chosen for the building was because of its low visibility. He also reiterated that the location was in a residential area of the campus. Board Member Erb asked how the rooms were furnished. She assumed that the rooms contained bunk beds with desks underneath. Mr. Couture responded that the College was trying to match the furniture to the existing furniture in other residences halls, which include bunk beds, student desk, small dressers, small wardrobe /closet. Board Member Erb then asked about ADA rooms. Mr. Couture explained that ADA compliant rooms would not have bunk beds, but rather single beds. Page 16 of 22 Planning Board Minutes June 30, 2009 Final Board Member Erb asked if the proposed bicycle rack was sufficient and Mr. Couture said that it was. Board Member Talty asked what type of insulation or soundproofing would be used in the building. Mr. Couture stated that he has talked with William Scottsman, the building manufacturer, and requested that soundproofing material be installed between rooms. Board Member Bosak pointed out a discrepancy between the tax parcel numbers listed in the EAF and the tax parcel numbers listed in the resolution. Mr. Smith said that the tax map numbers listed in the resolution are correct. It was noted that the EAF should be corrected to reflect the proper tax parcel numbers. Board Member Conneman reminded Ithaca College that they needed to comply with the Town's Lighting Law. He thought that site plan was attractive overall given that it is a temporary building. Chairperson Howe confirmed that the building contains a sprinkler system. Board Member Erb said that she visited the William Scottsman website and found a statement regarding buyback options. Mr. Couture explained that their contract with William Scottsman includes language regarding the companying considering the buyback of the building. Board Member Bosak commented that this type of building is valuable and someone would probably be very interested in buying it. Chairperson Howe opened the public hearing at 8:45 p.m. and invited the public to address the Board. With no one wishing to speak, the Board moved on to the proposed SEQR resolution. Board Member Wilcox moved and Board Member Conneman seconded the proposed resolution. Board Member Wilcox noted that the tax parcel number on the EAF needed to be changed (as previously mentioned). Attorney Brock made a minor grammatical change to whereas clause 1. Board agreed to changes. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009 -053: SEOR, Preliminary and Final Site Plan & Special Permit, Ithaca College Temporary Residence Hall, Tax Parcel No.'s 41 -1 -30.2 and 42 -1 -13.1 MOTION made by Fred Wilcox, seconded by George Conneman. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Temporary Residence Hall located on the Ithaca College campus at 130 Flora Brown Drive, Town of Ithaca Tax Parcel No.'s 41 -1 -30.2 and 42 -1 -13.1, Medium Density Residential Zone. Page 17 of 22 Planning Board Minutes June 30, 2009 Final The proposal involves placing a two -story, +/- 8,213 square foot modular residence hall building to the southwest of the existing Terrace Buildings on the existing L -Lot and will include new utilities, landscaping and bicycle racks. The building would accommodate approximately 100 students and will remain in place for at least four years. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President, Office of Facilities, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to Site Plan Approval and Special Permit, and 3. The Planning Board, on June 30, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part 1, submitted by the applicant, and Part 11 prepared by Town Planning staff, drawings titled "Sketch of Proposed Modular Temporary Residential Hall, from the North" dated June 9, 2009, "Site Plans and Details" (sheet L101) dated 6111109, prepared by Trowbridge & Wolf, "Utility Plan" (sheet C101) dated 06110109, prepared by T.G. Miller, P.C., "Utility Details" (sheets C201 and C202) dated 0618109, revised 6109109, prepared by T.G. Miller, P.C., and "Ithaca College 2 -Story Modular Dormatory Floor Plan" (sheet A -3) dated 6109, prepared by Williams Scotsman, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval and Special Permit, NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part 11, and, therefore, a Draft Environmental Impact Statement will not be required. A vote on the Motion resulted as follows: AYES: Howe, Conneman, Bosak, Talty, Erb, Wilcox. NAYS: None The Motion was declared to be carried unanimously. Chairperson Howe closed the public hearing at 8:46 p.m. With no discussion, Board Member Bosak moved and Board Member Talty seconded the proposed resolution. Attorney Brock made a minor grammatical change to whereas clause 1. Board Member Page 18 of 22 Planning Board Minutes June 30, 2009 Final Bosak also made two minor grammatical changes to the proposed resolution. Board agreed. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-054: Preliminary and Final Site Plan & Special Permit, Ithaca College Temporary Residence Hall, Tax Parcel No.'s 41 -1 -30.2 & 42 -1 -13.1 MOTION made by Jon Bosak, seconded by Kevin Tally. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Temporary Residence Hall located on the Ithaca College campus at 130 Flora Brown Drive, Town of Ithaca Tax Parcel No.'s 41 -1 -30.2 and 42 -1 -13.1, Medium Density Residential Zone. The proposal involves placing a two -story, +/- 8,213 square foot modular residence hall building to the southwest of the existing Terrace Buildings on the existing L -Lot and will include new utilities, landscaping and bicycle racks. The building would accommodate approximately 100 students and will remain in place for at least four years. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President, Office of Facilities, 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 the project has, on June 30, 2009, 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, 3. The Planning Board, at a Public Hearing held on June 30, 2009, has reviewed and accepted as adequate, drawings titled "Sketch of Proposed Modular Temporary Residential Hall, from the North" dated June 9, 2009, "Site Plans and Details" (sheet L101) dated 6111109, prepared by Trowbridge & Wolf, "Utility Plan" (sheet C101) dated 06110109, prepared by T. G. Miller, P. C., "Utility Details" (sheets C201 and C202) dated 0618109, revised 6109109, prepared by T.G. Miller, P.C., and "Ithaca College 2 -Story Modular Dormatory Floor Plan" (sheet A -3) dated 6109, prepared by Williams Scotsman, and other application materials, and NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the proposed Ithaca College Temporary Residence Hall project finding that the standards of Article XXIV Section 270 -200, Subsections A – L, of the Town of Ithaca Code, have been met, AND BE IT FURTHER 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 Page 19 of 22 Planning Board Minutes June 30, 2009 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 Ithaca College Temporary Residence Hall located on the Ithaca College campus at 130 Flora Brown Drive, as described on the drawings titled "Sketch of Proposed Modular Temporary Residential Hall, from the North" dated June 9, 2009, "Site Plans and Details" (sheet L101) dated 6111109, prepared by Trowbridge & Wolf, "Utility Plan" (sheet C101) dated 06110109, prepared by T.G. Miller, P.C., "Utility Details" (sheets C201 and C202) dated 0618109, revised 6109109, prepared by T.G. Miller, P.C., and "Ithaca College 2 -Story Modular Dormatory Floor Plan" (sheet A -3) dated 6109, prepared by Williams Scotsman, subject to the following conditions: a. submission of record of application for and proof of receipt of all necessary permits from county, state, and/or federal agencies, and b. submission of one set of the final site plan drawings on mylar, vellum, or paper, signed and sealed by the registered land surveyor, engineer, architect, or landscape architect who prepared the site plan material, prior to the issuance of a building permit, and C. submission of cut sheets or other details for any proposed outdoor lighting, for review and approval of the Director of Planning, prior to installation of any new outdoor lighting, and d. the temporary modular residence hall and all associated materials (ramps, bike racks, etc.) are to be removed from the site by June 30, 2013, and the site returned to the existing parking lot configuration. A vote on the Motion resulted as follows: AYES: Howe, Conneman, Bosak, Tally, Erb, Wilcox. NA YS: None The Motion was declared to be carried unanimously. AGENDA ITEM Approval of Minutes — June 16, 2009 Board Member Bosak directed the Board's attention to Page 8 of the minutes, second paragraph, last sentence. Technical sites should read "multiple sites ". Page 20 of 22 Planning Board Minutes June 30, 2009 Final PB RESOLUTION NO. 2009-055. Minutes of June 16.2009 MOTION made by Fred Wilcox, seconded by Kevin Talty. WHEREAS: The Town of Ithaca Planning Board has reviewed the draft minutes from June 16, 2009, and NOW THEREFORE BE IT RESOLVED: The Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meeting held June 16, 2009. A vote on the Motion resulted as follows: AYES: Conneman, Bosak, Talty, Erb, Wilcox. NAYS: None. ABSTAIN: Howe. The Motion was declared to be carried. AGENDA ITEM Other Business The Board briefly reviewed the agenda for the July 7, 2009 Planning Board meeting. Board Member Conneman asked if the Board could ask for information from Verizon similar to the FOIL request Verizon made to the Town. Mr. Kanter answered that private entities are not subject to FOIL. He noted that if there were additional materials the Board needed in order to make its determination, they could ask Verizon for the additional information. Board Member Talty asked if it was typical for the Town to receive a request from someone asking for any and all documentation related to a particular topic. Attorney Brock said that it was and that the Town Clerk receives numerous FOIL requests every month. The Board and staff briefly discussed FOIL procedures; Ms. Whitmore requested that all Planning Board members submit their correspondence to the Clerk's Office regardless of whether or not they think another Board member may have already submitted the same correspondence. Attorney Brock suggested that the Town's electronic records policy incorporate Planning Board and Zoning Board correspondences. The Board thought that it would be beneficial for them to receive training from the Town regarding how correspondences should be handled. Attorney Brock suggested that there be a Town email address for the Planning Board as a whole. Board agreed. Page 21 of 22 Planning Board Minutes June 30, 2009 Final AGENDA ITEM Adjournment With no further business, Chairperson Howe adjourned the June 20, 2009 Planning Board meeting at 9:08 p.m. esp tfully Submitte e Forst Deputy��� Page 22 of 22