No preview available
HomeMy WebLinkAboutPB Minutes 2009-08-04FILE DATE d REGULAR MEETING TOWN OF ITHACA PLANNING BOARD -. TUESDAY; AUGUST 4,2009- 215 NORTH TIOGA STREET ITHACA, NEW YORK Board Members Present: Fred Wilcox, Acting Chairperson; Kevin Talty, Hollis Erb, George Conneman, Jon Bosak, Susan Riha, and Ellen Baer, Alternate. Excused: Rod Howe Staff Present: Jonathan Kanter, "Director of Planning; Bruce Bates, Director of Code Enforcement; Susan Ritter, Asst. Director of Planning; Susan Brock, Attorney for the Town; Paulette Terwilliger, Deputy Town Clerk, Darby Kiley, Environmental Planner Call to Order Chairperson Wilcox declared the meeting duly opened at 7:02 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 July 27, 2009 and July 29, 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 July 29, 2009. • Persons to be heard Joel Harlan, Newfield Mr. Harlan spoke in support of the Carrowmoor Project. SEQR Determination and Public Hearing: Consideration of Preliminary and Final Site Plan Approval and Special Permit for modifications to the proposed Cornell University Water System Improvements project, Hungerford Hill Road, Caldwell Road, Ellis Hollow Road, Palm Road, and Dryden Road. The proposed modification involves an adjustment in the alignment of the section of pipe being installed under and adjacent to Cascadilla Creek, shifting the location on the north side of the creek in an easterly direction closer to the Cornell library annex building. The project modifications will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell, University, Owner /Applicant; Chris Bordlemay, Agent. Chris Bordlemay, Project Manager, addressed the Board, stating that the overall project was presented and approved in .December 2008 and the modification is due to technical issues that are causing challenges with boring through Cascadilla Creek. He described the original bore -path and explained that the contractors bidding on the job brought concerns to them and they would now like to bore under the bike path approximately 385'. The bike path would not have any equipment on it and very, very little foot traffic PB 8 -4 -2009 Final Pg 2 from the construction crew. The benefit of this change is they will be further away from the UNA than before. He then took questions from the Board. Board Member Erb asked about the fence to keep construction workers out of the UNA as human nature is to take the shortest route possible. Mr. Bordlemay assured the Board that there would be a chainlink fence with a gate to allow directed access to the work site. Board Member Erb was also concerned about the protection of the 18" walnut tree and Mr. Bordlemay noted the fence around the tree on the map. She also asked about the "width of the construction swath" and the use of the word "or" in describing the width. Mr. Bordlemay stated that they would not need more than 40 feet to get there. Board Member Talty asked what, specifically, were the technical difficulties, reminding Mr. Bordlemay that the engineers stated in the .beginning that they do this all the time and there would be no problem. Board Member Erb agreed, asking if it was financial. Mr. Bordlemay stated that it was not, and the differing heights would make it difficult and they were concerned about leakage also known as "frackage ". The initiative was the technical issues and then there were some cost savings after the change was decided on. The Board moved the resolution with minor changes being approved. ADOPTED RESOLUTION: PB RESOLUTION NO 2009 — 071 SEAR Site Plan Aaaroval & Special Permit, Cornell University Water System Project Modification Tax Parcel Nos. 64.-1 -1, 64.-1 -2, 62. -2 -2, & 62. -2 -3 Town of Ithaca Planning Board, August 4. 2009 MOTION made by Kevin Talty, seconded by George Conneman. WHEREAS: This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for modifications to the proposed Cornell University Water System Improvements project. The proposed modification involves an adjustment in the alignment of the section of pipe being installed under and adjacent to Cascadilla Creek, shifting the location on the north side of the creek in an easterly direction closer to the Cornell library annex building. The project modifications will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell University, Owner /Applicant; Chris Bordlemay, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this uncoordinated environmental review, with respect to Site Plan Approval and Special Permit, and PB B -4 -2009 Final Pg 3 3. The Planning Board, on August 4, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant; and- Part II prepared by Town- Planning staff, drawings prepared by Stearns & Wheler Environmental Engineers & Scientists titled "Water Transmission and Distribution System Plan & Profile Sta. 00 +00 -CO — 12+61 - CO" (Sheet G- 05 -CO) with a current revision date of 7/6/09 and "Unique Natural Area 128 Cascadilla Creek Crossing" (Sheet UNA -01) with a current revision date of 7/1/09, 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 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 II, and, therefore, a Draft Environmental Impact Statement will not be required. A vote on the motion was as follows: AYES: Wilcox, Conneman, Bosak, Baer, Riha, Talty and Erb Nays: None Absent: Howe - The resolution passed unanimously. Chairman Wilcox opened the Public Hearing at 7:26 p.m. A young Gentleman asked what a "bore pit' is? Mr. Bordlemay gave an excellent explanation, describing and demonstrating what boring is and the bore pit would be the starting point where the machine will sit. Mr. Harlan spoke saying that it would be good for the City and the Town for water. Chairman Wilcox closed the public hearing at 7:30p.m. Chairman Wilcox reminded everyone that the plant would be providing backup to the Town and the City which was discussed at the original presentation and approval. This is a modification that will not affect those connections. The Board moved the resolution. The Board decided not to put an additional condition on the resolution regarding the "swath ", but rely on the assurances of Mr. Bordlemay PB 8 -4 -2009 Final Pg 4 and his statements on the record. The Board did add a condition regarding the chain - link fence. ADOPTED RESOLUTION: PB RESOLUTION NO PB 2009 - 072 Preliminary & Final Site Plan Approval & Special Permit, Cornell University Water System Project — Modification Tax Parcel No. 64. -1 -1, 64.1-2, 62. -2 -2, and 62. -2 -3 Town of Ithaca Planning Board, August 4, 2009 Motion made by Susan Riha, seconded by Hollis Erb. WHEREAS: This action is consideration of Preliminary and Final Site .Plan Approval and Special Permit for modifications to the proposed Cornell University Water System Improvements project. The proposed modification involves an adjustment in the alignment of the section of pipe being installed under and adjacent to Cascadilla Creek, shifting the location on the north side of the creek in an easterly direction closer to the Cornell library annex building. The project modifications will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell University, Owner /Applicant; Chris Bordlemay, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in the environmental review with respect to Site Plan Approval and Special Permit has, on August 4, 2009, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on August 4, 2009, has reviewed and accepted as adequate drawings prepared by Stearns & Wheler Environmental Engineers & Scientists titled "Water Transmission and Distribution System Plan & Profile Sta. 00 +00 -CO — 12 +61 -CO" (Sheet G- 05 -CO) with a current revision date of 7/6/09 and "Unique Natural Area 128 Cascadilla Creek Crossing" (Sheet UNA -01) with a current revision date of 7/1/09, and other application material, NOW THEREFORE BE IT RESOLVED:. That the Planning Board hereby grants Special Permit for the modification of the Cornell University Water Systems Improvement Project as described above, finding that the standards of Article XXIV, Section 270 -200, Subsections A — L, of the Town of Ithaca Code, have been met; PB 5 -4 -2009 Final Pg 5 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 modification of the Cornell University Water System Improvement Project involving an adjustment in the alignment of the section of pipe being installed under and adjacent to Cascadilla Creek as shown in the drawings prepared by Stearns & Wheler Environmental Engineers & Scientists, titled "Water Transmission and Distribution System Plan & Profile Sta. 00 +00 -CO — 12 +61 -CO" (Sheet G- 05 -CO) with a current revision date of 7/6/09 and "Unique Natural Area 128 Cascadilla Creek Crossing" (Sheet UNA -01) with a current revision date of 7/1/09 and described in additional submitted materials subject to the following conditions: a. submission of a copy of the US Army Corps of Engineers' approval /confirmation of the Nationwide Permit #33 for the temporary dewatering of the unnamed creek adjacent to Cascadilla Creek, and b. all other conditions of the original approval, as listed on "PB Resolution No. 2008- 112 ", shall remain in effect. c.. submission of revised plans showing gate on chain link fence bordering the north edge of the Recreation Way. A vote on the motion was as follows: AYES: Wilcox, Conneman, Bosak, Baer, Riha, Talty and Erb Nays: None Absent: Howe The motion passed unanimously. SEOR Determination and PUBLIC HEARING: McArdle Property Timber Harvest Plan, Orchard Hill Road. Consideration of a forest - management plan for the proposed timber harvest on the lands of Edward J. McArdle Trust, located off of Orchard Hill Road, Tax Parcel Number 22.- 2 -2.2, Conservation Zone, and Tax Parcel Number 22. -2- 2.9, Low Density Residential Zone. The proposal involves the harvest of approximately 300 trees with >14" DBH on 30 acres in "Stand 1," and includes temporary, portable bridge(s) over stream crossing(s). Edward J. McArdle Trust, Owner; .Wagner Hardwoods, LLC, Applicant; and James Wilkins III, CF, Agent. PB 8 -4 -2009 Final Pg 6 Jim Wilkins addressed the Board and gave a brief overview of the project. He gave his credentials and stated that the property would remain a forest after the project. It will have no adverse effect on water quality or the view: He went on to state that they would and do work with highway superintendents in regards to the road; stating that the logging trucks and equipment are no heavier than a snowplow in the winter. Mr. Wilkins thought it would be easier to answer questions than review the whole submission. Board Member Riha was concerned that Wagner Hardwoods was representing both sides; the owner and the company were the only two involved. In her experience, there would or should be some independent agent overseeing that the right trees and sizes are being cut. Mr. Wilkins stated that New York State does not have a regulation regarding that and that Mr. McArdle interviewed 2 companies and vetted them. Discussion followed and the Board was very concerned about the lack of independent oversight. This was the first plan under the new law to come before the Board, and the Town Board did not make a provision for this oversight. The Board went back and forth asking about how and when and who could or should provide the oversight. Mr. Wilkins said that other municipalities sometimes have the Code Enforcement Office do some oversight. The Board asked questions about the marking of trees and stump removal and Mr. Wilkins described the process. Board Member Bosak was concerned about setting precedent and he was surprised that the Town Board did not set guidelines for this. Susan Brock stated that the Board could condition their approval on independent confirmation of the plan being carried out as stated. The Board then discussed how that could be accomplished. Bruce Bates stated that his department did not have the manpower to do this and Darby. Kiley and Susan Ritter thought they could and they noted that the Engineering Department would be doing Soil and Erosion visits. Board Member Bosak stated that he went to the site and he is concerned because the Board has not seen the land where the trees are to be removed. Darby Kiley stated that she and Susan Ritter had toured the site. He was bringing it up as informational, not necessary. Board Member Baer stated she was familiar with the property and Susan Brock stated that the applicant gives permission for the Board to access the property when they sign the application. Board Member Erb felt satisfied with Staff's observations. Board Member Riha asked about the slope of the land and Darby Kiley thought that it was a gentle slope with intermittent gorges with steep slopes. Board Member Riha thought topographical maps would be helpful in the future. Board Member Erb asked about the staging area and the DEC recommendation that staging areas should be a minimum of 200 feet from streams. She pointed out the they were much closer to some intermittent streams. Mr. Wilkins stated that you could not get around being close to intermittent streams and Board Member Erb stated that the DEC says "any" , they did not delineate between intermittent and not. Discussion PB 5 -4 -2009 Final Pg 7 0 followed about the definition of intermittent and what would be done to protect/minimize adverse affects to the intermittent streams. Board Member Erb then asked about the time line of the work and the number of truck trips with 20 truckloads being stated as the norm. Mr. Wilkins stated they were looking at 15 days of work. There would be a pickup truck daily and a lowboy to deliver equipment at the start and remove it at the end with 2 loads of logs leaving the site a day, dependent on weather. She then asked about bridges and Mr. Wilkins stated that there would only be the one bridge over the permanent stream and they would not be working when the intermittent streams were running. Board Member Erb then asked about the invasive .species and how they would be handled, quoting concerns from the Conservation Board. Mr. Wilkins said the most important advantage 'of doing this timber harvest is the ability to add erosion to put in structures to stop the erosion that is carrying the invasive species seeds downhill. The 'mechanical removal" is hand pulling and possibly some brushhogging that will help stop the seeds from moving downhill. Board Member Erb asked what the timeframe for the next harvest would be and was told 10 years for hardwood. Mr. Wilkins also stated that there is a new market for bio mass for use for energy so he could not state 10 years unequivocally, but it would be 10 years for hardwood. The pole wood could be thinned out before 10 years. Board Member Bosak asked about the Conservation Board's comment about-how they are going to manage the invasive species and he did not want a lot of chemicals used as the DEC recommends. Board Member Riha argued that chemical control can be less harmful than mechanical because of.the damage by heavy equipment. Chairman Wilcox asked Mr. Wilkins to describe the health of the lot now and after the project. Mr. Wilkins said it is an old farm lot that is in the early stages of succession moving into'the middle stage with many maple saplings that will not be touched. They are looking to make the next stand a healthy stand of maples with the ash in question because of the expected blight from an insect that is predicted to decimate the ash. Sugar Maple and Hemlock will remain and move into old growth. He estimated that the pole wood area was harvested around 40 years ago and the wooded area probably 60- 80 years ago. The Board was in favor of sustainable use, but because of the property being in a Conservation Zone, and near and/or part of a Unique Natural Area, it deserves an even closer look. But again, the Board's major concern was who was going to oversee the project and make sure it is done according to the Plan. Chairman Wilcox asked the public to speak at this point because he felt their concerns would be primarily SEOR focused. PB 8 -4 -2009 Final Pg 8 Judy Burns who lives on the lake side of the property asked what road would be used for going in and out and she also wondered if she could look at the proposal. She was worried about the- Black Diamond Trail- being used: Chairman- Wilcox- answered that the State has authority over the Trail and the Town could not give them permission even if they wanted to. He also assured .her the proposal was public record and Board Member Erb gave her her copy. She went on to say that she was concerned about the development of the land for residential use as it had been tried in the past and she was concerned this was a stepping stone for development. Chairman Wilcox stated that this did no preclude that and Susan Brock stated that they could and should ask the Agent that since that would bring in the concept of segmentation. Chairman Wilcox noted that the property crossed two zones, Conservation and Low Density Residential. Susan Titas also addressed the Board. She was adamantly against the project and wanted the Board to protect the trees which she felt needed the Town's protection and should be everyone's project. She wanted to know if the company was environmentally friendly and the invasive vines, insects and now gas drilling are killing our trees. She gave statistics on gas drilling and the associated tree devastation. She asked if the harvest would happen in the winter to protect the birds and the wildlife and help with erosion. She repeated that our trees need our protection and she hoped the people involved would change their minds. She handed out a copy of a recent article showing the clear cutting for the gas drilling. Board Member Erb asked her if she was aware of the actual number of trees to be taken and their size. She wasn't, and Board Member Erb told her the counts and asked if she believed in sustainable forestry harvesting. Ms. Titas responded that she did not like the idea. Chairman Wilcox brought the Board back. to the environmental review and Board Member Erb asked Mr. Wilkins to address winter harvesting. He responded that if it froze in the winter it is fine but sometimes the runoff is worse in the winter. He stated that this summer would have been bad. He went on to say that they were looking at an 18- month window to hit a time when erosion will be minimized. Board Member Talty asked what the optimal month would be and he responded that in a perfect world, January- February frozen because the road would also be frozen; otherwise, they are looking at July- August. Spring is bad because of bark slippage which occurs in the tree's growth cycle. Board Member Riha asked if he was aware of any other plans for the development of this property and he responded that they had not communicated anything like that to him. Board Member Erb asked if he was in line to do further work if this went well and Mr. Wilkins said he was. Chairman Wilcox noted that reasonable people could disagree whether you protect trees by not cutting them, or by having a forest management plan. Some discussion followed about "old growth" and management practices. Mr. Wilkins added that some of the trees in the McArdle forest are 120 years old and some of those will be cut and PB 8 -4 -2009 Final Pg 9 some will be left. Some of the older trees are right near the permanent stream and will not be cut. Board Member Erb pointed out the buffer zone and Susan Brock asked Mr. Wilkins for clarification of what they meant by "buffer zone." Mr. Wilkins stated it meant no cutting and no equipment and they would be staying out of the buffer zone completely. He added that the buffer zone was 80 feet wide. Chairman Wilcox asked Susan Ritter to talk about the County and the Town's discussion regarding buffer zones. Ms. Ritter gave a brief overview and stated that the Town did not entirely agree with some of the recommendations of the County on the basis of practicality. The Town felt a 50 foot buffer on some of the intermittent streams was more than they should ask property owners to give. There were differences of opinions on references used also. Board Member Erb asked about the largest stream on the property, Indian Creek, and that runs along the property line and would have a 100 foot buffer meaning that 50 feet would be a no- disturbance area and 50 feet would be a no- impervious surfaces would be allowed. That is what is in the proposed Stream Setback Law. Board Member Bosak wanted to make it clear that he was going to support this based on his belief that the plans submitted will actually improve the health of this piece of land. ADOPTED RESOLUTION PB RESOLUTION NO 2009 073 SEOR Forest Management Plan Approval Edward J. MCArdie Trust Timber Harvest Tax Parcel Numbers 22. -2 -2.2 & 22. -2 -2.9 North and East of Orchard Hill Road Town of Ithaca Planning Board August 4. 2009 Motion made by Hollis Erb and seconded by Kevin Talty. WHEREAS: This action involves consideration of Forest Management Plan Approval for the proposed timber harvest on the lands of Edward J. McArdle Trust, located to the north and east of Orchard Hill Road, Town of Ithaca Tax Parcel Number 22. -2- 2.2, Conservation Zone, and Tax Parcel Number 22.- 2 -2.9, Low Density Residential Zone. The project involves the harvest of approximately 300 trees with >14" diameter at breast height on approximately 30 acres in "Stand 1," and includes temporary, portable bridge(s) over stream crossing(s). Edward J. McArdle Trust, Owner; Wagner Hardwoods, LLC, Applicant; and James Wilkins III, CF, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoordinated environmental review with respect to Forest Management Plan Approval, and PB 8 -4 -2009 Final Pg 10 3. The Planning Board, on August 4, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applican a proposal -- and- . 9 P addendum, dated June 18, 2009, a Forest Stewardship Plan, dated June 18, 2009, an aerial photo of the site, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Forest Management Plan Approval, NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with 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 II, and, therefore, a Draft Environmental Impact Statement will not be required. A vote on the motion was as follows: AYES: Wilcox, Conneman, Bosak, Baer, Riha, Talty and Erb Nays: None Absent: Howe The resolution passed unanimously. Chairman Wilcox opened the public hearing at 8:17p.m. and asked if the Board had any other questions or concerns. Board Member Riha had an issue with using the word "approximately". She was concerned that was too vague and would allow too much to be taken. Chairman Wilcox summarized by saying that "...the question for each of us to decide right now, subject to independent verification is; Do we think this is a ruse to go in and clear cut? Or do we think that, based upon the application materials presented and the applicant himself and the agent for the applicant, do we believe that they truly want to protect the land? And whether it's 290, or 300 or 320, they are going to do the right thing or, as you said, are they going to ask for 300 get 300, and go suddenly cut 450." Discussion followed. The Board decided to add plus or minus 10% to the resolution. Mr. Wilkins thought that was fine. Chairman Wilcox asked Mr. Bates if the Code Enforcement Office would be willing to provide the independent verification that the Planning Board wants. Mr. Bates asked how the Board thought that would be done; counting tagged trees before and then cut trees as they go? The Board liked that idea, and Mr. Bates responded that that is a lot PB 8 -4 -2009 Final Pg 11 of time and his department does not have the manpower. He also asked what the penalty was and how it would be enforced. Discussion followed. Board Member Riha noted that there would be a SWPPP involved and somebody would be checking that out. Mr. Kanter stated that that would be different from counting trees. Board Member Riha stated she was more concerned about the erosion and sedimentation plan than the number of trees, which she felt was more of an owner issue. Board Member Erb was concerned about the buffer zone and wanted notice of the start date for Staff to inspect. Chairman Wilcox cautioned how much they thought Staff was going to and/or able to monitor. Board Member Talty noted that this Conservation Zone requirement and having monitoring could be costly and he wondered who would be paying for this. The taxpayers? The landowner? He did not feel it was fair to the owner. Discussion followed. Mr. Wilkins noted that most municipalities only require that a forester is .involved to protect the land. Susan Brock asked if he was a certified forester and what the certifying body was. He responded that it was the Society of American Foresters (SAF) and there were ethical standards. Susan Brock asked if there was a mechanism for reporting using a hypothetical scenario in which a cut was not done to specifications and Mr. Wilkins answered that he was not sure of the ramifications. He stated that SAF was the usual sanctioning body and there were ramifications, he just wasn't sure what they were. Discussion followed. The Board brought their attention back to the monitoring of the SWPPP and the buffer zone. It was felt that the monitoring of the SWPPP would include some of that type of monitoring. Bruce Bates suggested that the Board suggest the Town Board add a requirement and details to provide for the monitoring. Susan Ritter stated that it was not going to be hard to monitor the buffer and the streams. She felt anyone could check the streams at the Black Diamond Trail and the more important check would be the reclamation, process. She felt 30 acres was not a large area. Board Member Talty asked the applicant what the normal notice was and Mr. Wilkins replied 2 weeks. Board Member Talty wanted that put in the resolution. Jonathan Kanter stated that the Planning Department could monitor the delineated buffer areas and any areas the Board decided needed protection. He added that they could not'do the monitoring of what was and was not cut. He suggested that the certified forester submit a signed and certified report that it met the plan. The Board liked that plan of action. Board Member Bosak brought the Board's attention back to the road and stated that it was not a large road and his concern for the maintenance of it. Darby Kiley had addressed that issue and there is a proposed condition for a performance bond to be added to the resolution. Chairman Wilcox invited the public to, address the Board. Ms. Titas asked about the size of the logs, feeling that 14" is too small. Ms. Burns noted that there is a College of Environmental Science and Forestry in Syracuse for questions the Board may have. PB 8 -4 -2009 Final Pg 12 Chairman Wilcox asked Mr. Wilkins about the diameter and he responded that there is a market for bio fuel. Fourteen inches is the cutoff for timber trees versus chip trees. It is - the industry standard.- He- added that very few-trees between 14 "and 18" will be taken in this lot. The goal is to save most of those and only those in danger, such as the ash and those which needed to be thinned to allow other trees better growth would be cut. It is not cost effective to cut them now. Chairman Wilcox closed the public hearing at 9:12p.m. Board Member Erb thought the setbacks on the intermittent streams still needed to be addressed. Mr. Wilkins said they would not be crossing streams except for the bridge and the intermittent up top would be crossed but only when there was no water and only in one spot. Board Member Bosak asked about the County's recommendations and the Board discussed them. The Board drafted a condition to add to the resolution. The Board then asked about the road and truck traffic and Mr. Wilkins explained the process and the trips. Motion was made and seconded with conditions added and approved by the motioners. Board Member Talty thanked the Mr. Wilkins for being such a cooperative and patient applicant. He noted that this was the first Plan they had to approve and the Board was muddling through and he thanked him for his professionalism. ADOPTED RESOLUTION PB RESOLUTION NO 2009 - 074 Forest Management Plan Approval Edward J. McArdle Trust Timber Harvest Tax Parcel Numbers 22. -2 -2.2 & 22. -2 -2.9 North and East of Orchard Hill Road Town of Ithaca Planning Board August 4. 2009 Motion made by Kevin Talty, seconded by George Conneman. WHEREAS: 1. This action involves consideration of Forest Management Plan Approval for the proposed timber harvest on the lands of Edward J. McArdle Trust, located to the north and east of Orchard Hill Road, Town of Ithaca Tax Parcel Number 22.- 2 -2.2, Conservation Zone, and Tax Parcel Number 22.- 2 -2.9, Low Density Residential Zone. The project involves the harvest of approximately 300 trees with >14" diameter at breast height on approximately 30 acres in "Stand 1," and includes temporary, portable bridge(s) over stream crossing(s). Edward J. McArdle Trust, Owner; Wagner Hardwoods, LLC, Applicant; and James Wilkins III, CF, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoordinated environmental review with respect to the project and has, on August 4, 2009, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment PB 8 -4 -2009 Final Pg 13 Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on August 4, 2009, has reviewed and accepted as adequate application materials, a proposal and addendum, dated June 18, 2009, a Forest Stewardship Plan, dated June 18, 2009, an aerial photo showing project components, and other application materials, NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants Forest Management Plan Approval for the proposed timber harvest on the lands of Edward J. McArdle Trust, located to the north and east of Orchard Hill Road, Town of Ithaca Tax Parcel Number 22.- 2 -2.2, Conservation Zone, and Tax Parcel Number 22.- 2 -2.9, Low Density Residential Zone, as described in the proposal and addendum, dated June 18, 2009, a Forest Stewardship Plan, dated June 18, 2009, an aerial photo showing project components subject to the following conditions: a. submission of a Simple Sediment and Erosion Control Plan, which shall include, among other things, details of how the buffer areas will be delineated and marked, and include a requirement for 14 -days prior notification to Town Engineering Staff before timber harvesting activities or disturbance to the site begins, for review and approval by Town Engineering staff, and b. submission of details indicating the size and configuration of the portable bridge, and c. harvesting of timber and other disturbance shall not occur in, and equipment shall not enter, the areas shown as buffers on the aerial photo submitted, and d. the number of trees harvested shall not exceed 330, and e. to the extent practicable, minimize damage to stream beds and stream banks from harvesting operations, and f. Submission of a performance bond, in a form and amount to be specified by the town of Ithaca Director of Public Works or his /her designee, to resurface and/or repair Orchard Hill Road in the event that the road is damaged by trucks hauling timber or equipment, or by equipment, during the course of the timber harvest operation, and g. Within 60 -days after timber harvesting activities are completed, the applicant's certified forester shall submit a signed report to the Director of Planning stating whether the approved Forest Management Plan was followed in its entirety, and if not; details of any deviations to the Plan. PB 8 -4 -2009 Final Pg 14 A vote on the motion was as follows: AYES : - -- Wilcox, Conneman; Bosak, Baer, Riha, Talty and Erb Nays: None Absent: Howe The resolution passed unanimously. The Board discussed and made a motion to send a resolution to the Town Board. ADOPTED RESOLUTION PB RESOLUTION NO. 2009 — 075 Recommendation to the Town Board of the Town of Ithaca regarding the Conservation Zone Law Planning Board, July 4. 2009 MOTION made by Jon Bosak, seconded by Hollis Erb. RESOLVED that this Board recommends that the Town Board amend the Conservation Zone Law to provide for independent verification of compliance with Forest Management Plans as approved by the Planning Board. A vote on the motion was as follows: AYES: Wilcox, Conneman, Bosak, Baer, Riha, Talty and Erb Nays: None Absent: Howe The resolution passed unanimously. PUBLIC HEARING: Consideration of a Recommendation to the Town of Ithaca Town Board for the proposed local law regarding fences and walls. Chris Balestra noted that the passage in bold in her memo was the actual fence provision in the current Town Code. Very vague. Discussion followed. Board Member Bosak was not happy with the limitations on placement and height, specifically, why are people prohibited from gardening in the front yard? Board Member Talty felt strongly that that was needed. Some gardens are monstrosities and very offensive. Board Member Bosak disagreed, thinking that people should be encouraged to turn useless lawns into gardens. He suggested a compromise of taking the restriction out of low density residential. Board Member Talty strongly disagreed saying. Susan Brock stated that they were not prohibited, but needed a special permit from the Zoning Board of Appeals. He then asked about needing a permit for a fence over 6 feet. Bruce Bates responded that it is a State Code. He also asked if gardening was a lawful farm operation. Susan Brock read the definition from the Code. The key was "3 acres in size" not monetary. Board Member Talty asked about maintenance and what happens if a garden becomes PB 8 -4 -2009 Final Pg 15 overgrown. Bruce Bates responded that the Department would need to receive a complaint and then determine it was not a garden and then the State sets the limit at 10" in height: --- ---- Board Member Bosak asked about the underground provision and the Board made a minor change to the wording. The idea was to cover the invisible fences. Board Member Bosak thought that electric fences should be allowed and at the least, delineate zones. Discussion followed. Chairman Wilcox opened the public hearing at 9:51 p.m. There was no one present and he closed the public hearing at 9:52p.m. The Board made one recommended change to the law. ADOPTED RESOLUTION: PB RESOLUTION NO 2009 — 076 Recommendation to the Town Board Regarding a Proposed Local Law Amending Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning) of the Town of Ithaca Code Town of Ithaca Planning Board August 4, 2009 MOTION made by Susan Riha, seconded by George Conneman. WHEREAS: The Town of Ithaca Codes and Ordinances Committee has drafted a proposed local law amending the Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning) of the Town of Ithaca Code, for the Town Board's consideration, and WHEREAS: The purpose of this local law is to clarify and expand the elements of the fence and wall provisions, due to interpretation problems that the current provisions pose for Code Enforcement staff and the Zoning Board of Appeals; and WHEREAS: Among other revisions, the proposed amendments would include definitions, height, and location requirements for fences, deer fences, retaining walls, and other walls; and WHEREAS: The Town Board has referred the proposed local law to the Planning Board, Zoning Board of Appeals, and Conservation Board for review and recommendations; and WHEREAS: The Town of Ithaca Planning Board held a public hearing on this matter and has reviewed and discussed this proposed local law at its meeting on August 4, 2009, NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town Board adopt the proposed local law amending the PB 8 -4 -2009 Final Pg 16 Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning) of the Town of Ithaca Code with the following recommended revision: Page 3, Paragraph 9b should read: "Electrification may be used for fences installed wholly underground that are designed to keep pets in yards. (replace "constructed or erected" with "installed ") A vote on the motion was as follows: AYES: Wilcox, Conneman, Baer, Riha, Talty and Erb Nays: Bosak Absent: Howe The resolution passed. Approval of Minutes: July 7, 2009 and July 21, 2009 ADOPTED RESOLUTION PB RESOLUTION NO. 2009 — 077 Adopt Planning- Board Minutes Minutes of July 7. 2009 Planning Board, August 4. 2009 Motion made by Hollis Erb, seconded by Susan Riha WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on July 7, 2009, Now, therefore, be it RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meetings on July 7, 2009. A vote on the motion was as follows: AYES: Conneman, Talty, Erb, Riha and Baer NAYS: None ABSTAIN: Wilcox, and Bosak ABSENT: Howe. The motion declared to be carried. ADOPTED RESOLUTION PB RESOLUTION NO. 2009-078 Adopt Planning Board Minutes Minutes of July 21, 2009 Planning Board, August 4, 2009 Motion made by Fred Wilcox, seconded by Kevin Talty WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on July 21, 2009, PB 8 -4 -2009 Final Pg 17 Now, therefore, be it - RESOLVED, that the Town of Ithaca Planning- Board approves the minutes, with corrections, to be the final minutes of the meetings on July 21, 2009. A vote on the motion was as follows: AYES: Wilcox, Talty, Baer, Riha NAYS: None ABSTAIN: Conneman, Bosak, Erb ABSENT: Howe The motion declared to be carried. Other Business: Board Members Wilcox and Bosak will be absent the next meeting. Board Member Bosak would like a discussion regarding minutes at meeting. Employee picnic Friday. Next agenda was reviewed. Adiournment. Meeting was adjourned. at 9:57 p.m. Res p u itted Paulette Terwilliger, Deputy Town Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, August 4, 2009 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Cornell University Water System Improvements Project - Modifications, Hungerford Hill Road, Caldwell Road, Ellis Hollow Road, Palm Road, and Dryden Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for modifications to the proposed Cornell University Water System Improvements project. The proposed modification involves an adjustment in the alignment of the section of pipe being installed under and adjacent to Cascadilla Creek, shifting the location on the north side of the creek in an easterly direction closer to the Cornell library annex building. The project modifications will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell University, Owner /Applicant; Chris Bordlemay, Agent. 7:15 P.M. SEQR Determination: McArdle Property Timber Harvest Plan, Orchard Hill Road. 7:15 P.M. PUBLIC HEARING: Consideration of a forest management plan for the proposed timber harvest on the lands of Edward J. McArdle Trust, located off of Orchard Hill Road, Tax Parcel Number 22.- 2 -2.2, Conservation Zone, and Tax Parcel Number 22.- 2 -2.9, Low Density Residential Zone. The proposal involves the harvest of approximately 300 trees with >14" DBH on 30 acres in "Stand 1," and includes temporary, portable bridge(s) over stream crossing(s). Edward J. McArdle Trust, Owner; Wagner Hardwoods, LLC, Applicant; and James Wilkins III, CF, Agent. 7:30 P.M. PUBLIC HEARING: Consideration of a Recommendation to the Town of Ithaca Town Board for the proposed local law regarding fences and walls. 7. Approval of Minutes: July 7, 2009 and July 21, 2009. Other Business: 9. 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.) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, August 4, 2009 By direction of the Chairperson of the Planning Board, -NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, August 4, 2009, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:05 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for modifications to the proposed Cornell University Water System Improvements project. The proposed modification involves an adjustment in the alignment of the section of pipe being installed under and adjacent to Cascadilla Creek, shifting the location on the north side of the creek in an easterly direction closer to the Cornell library annex building. The project modifications will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell University, Owner /Applicant; Chris Bordlemay, Agent: 7:15 P.M. Consideration of a forest management plan for the proposed timber harvest on the lands of Edward J. McArdle Trust, located off of Orchard Hill Road, Tax Parcel Number 22.- 2 -2.2, Conservation Zone, and Tax Parcel Number 22.- 2 -2.9, Low Density Residential Zone. The proposal involves the harvest of approximately 300 trees with >14" DBH on 30 acres in "Stand 1," and includes temporary, portable bridge(s) over stream crossing(s). Edward J. McArdle Trust, Owner; Wagner Hardwoods, LLC, Applicant; and James Wilkins III, CF, Agent. 7:30 P.M. Consideration of a Recommendation to the Town of Ithaca Town Board for the proposed local law regarding fences and walls. Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Jonathan Kanter, AICP Director of Planning 273 -1747 Dated: Monday, July 27, 2009 Publish: Wednesday, July 29, 2009 Wednesday, July 292U�©9THEtTWAC�AJOURNAL E Ls Sign In Planning Board August 4, 2009 7:00 p.m. e U +2NS Ke- f- a l S 6 0 g n L cM dl C�O 2 ►-� ELL y� r �. TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION .. I, Sandra Polce, being duly sworn, depose and say that I am a Senior Typist for the Town of Ithaca, Tompkins County, New York; that the following Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal. Notice of Public Hearings to be held by the Town of Ithaca Planning Board in the Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York, on Tuesday, 4, 2009 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tio a Street. Date of Posting: July 27, 2009 Date of Publication: July 29, 2009 Gk�dna,. Qo-�.clZ.� Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 291h day of July 2009. Notary Public CONNIE F. CLARK Notary Public. State of New York No.01CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 0