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HomeMy WebLinkAboutPB Minutes 2009-10-20FILE DATE a v TOWN OF ITHACA PLANNING BOARD E 215 North Tioga Street Ithaca, New York 14850 Tuesday, October 20, 2009 Present: Rod Howe, Chair; Members George Conneman, Kevin Talty, Jon Bosak, Ellen Baer, Susan Riha, Hollis Erb and Fred Wilcox. Staff: Bruce Bates, Director of Code Enforcement; Susan Brock, Attorney for the Town; Jonathan Kanter, Director of Planning; Darby Kiley, Planner; Paulette Terwilliger, Deputy Town Clerk Persons to be heard: There was no one wishing to address the Board at this time. PUBLIC HEARING: SEAR and Consideration of Preliminary and Final Site Plan Approval for the proposed new lobby entry area at the South Hill Business Campus located at 950 Danby Road (NYS Route 9613), Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. The proposal involves creating a new south lobby entrance to the building and will include installing a new covered entry, a heated concrete walkway, landscaping, a seating area, lighting and signage. South Hill Business Campus, LLC, Owner /Applicant; Linda Luciano, Property Manager, Agent. Ms. Luciano gave the Board an overview of the project. Essentially, they are proposing to improve the southern entry to the building. The building has only one main entry which is a long way for some of the tenants and their clients to walk. The entry they are proposing will let you into the building without having to go up steps and the walkway will be heated in the winter for snow and ice removal to ensure safety. A new sign is proposed to indicate which tenants are accessible through which entry. The Board had minor questions on the amount of fill being moved and Ms. Luciano explained how much and how they would comply with the DEC testing. Motion was made and seconded. There were minor typographical changes made. PB Oct. 20, 2009 Final Pg 2 ADOPTED RESOLUTION: PB RESOLUTION NO. 2009 - 095 SEOR -- Preliminary and Final Site Plan and '' Recommendation to ZBA Regarding Sign Variance(s) South Hill Business Campus — S. Lobby Entrance 950 Danby Road Tax Parcel No. 39. -1 -1.2 Town of Ithaca Planning Board, October 20, 2009 Motion made by George Conneman, seconded by Hollis Erb. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals Regarding Sign Variance(s) for a proposed new lobby entry area at the South Hill Business Campus located at 950 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 39.- 1 -1.2, Planned Development Zone No. 12. The proposal involves creating a new south lobby entrance to the building and will include installing a new covered entry, a heated concrete walkway, landscaping, a seating area, lighting and signage. South Hill Business Campus, LLC, Owner /Applicant; Linda Luciano, Property Manager, 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 Site Plan Approval, and 3. The Planning Board, on October 20, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, a narrative titled "Project Details and Location" and Exhibits 1 through 7, date stamped September 10, 2009, 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; 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: Howe, Conneman, Bosak, Riha, Talty, Erb and Wilcox. PB Oct. 20, 2009 Final Pg 3 Nays: None The motion passed unanimously. Chairman Howe opened the Public Hearing at 7:09 p.m. and turned to the Board for any other questions on the project. Board Member Wilcox asked about car circulation with the anticipated addition of Challenge Industries and the assumed increase in people being drooped off at the entrance. Ms. Luciano replied that they did meet with Challenge Industries representatives and they approved the new entrance. She explained using the display board how the circulation would happen. Board Member Erb asked about the heated walkway and Ms. Luciano stated that they have one now, and it works beautifully. Darby Kiley explained the signs that are there and the proposed changes and addition. The signs will be going to the Zoning Board of Appeals in November. There are issues with the number of free - standing signs and the canopy sign. Board Member Wilcox asked if the one existing sign will still be the only one you see from the road and Ms. Darby stated that that was true. She thought you might be able to see the sign itself but not be able to read it. The Public Hearing was closed at 7:23 p.m. Motion made and seconded. There was some discussion on developing some type of boilerplate verbiage that would require adherence to the Building Code. Mr. Bates wanted to clear up some Staff confusion on interpreting Board resolutions. Sometimes Staff would interpret a proposed change by the applicant as not complying with the Board's approval. The Board discussed what they would consider a significant enough change to the submitted plans. After some discussion, the Board decided to postpone the matter to another meeting. ADOPTED RESOLUTION. PB RESOLUTION NO. 2009 - 096 Preliminary and Final Site Plan and Recommendation to ZBA Re: Sign Variance(s) South Hill Business Campus — S. Lobby Entrance 950 Danby Road Tax Parcel No. 39. -1 -1.2 Town of Ithaca Planning Board, October 20, 2009 Motion made by Fred Wilcox, seconded by Kevin Talty. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan and a Recommendation to the Zoning Board of Appeals Regarding Sign Variance(s) for PB Oct. 20, 2009 ,. Final Pg 4 a proposed new lobby entry area at the South Hill Business Campus located at 950 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel .'No. 39.- 1 =1.2, Planned Development Zone No. 12. The proposal involves creating a new south lobby entrance to the building and will include installing a new covered entry, a heated concrete walkway, landscaping, a seating area, lighting , and signage. South Hill Business Campus, LLC, Owner/Applicant; Linda Luciano, Property Manager, 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 October 20, 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, and 3. The Planning Board, at a Public Hearing held on October 20, 2009, has reviewed and accepted as adequate, a narrative titled "Project Details and Location" and Exhibits 1 through 7, date stamped September 10, 2009, and other application materials. NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final 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 south lobby entrance project as shown on and described in the project narrative titled "Project Details and Location" and Exhibits 1 through 7, date stamped September 10, 2009, and other application materials, subject to the following conditions: a. submission of a Simple Stormwater Pollution Prevention Plan (SWPPP) for review and approval of the Town Engineering staff, prior to issuance of a building permit, 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; PB Oct. 20, 2009 Final Pg 5 AND BE IT FURTHER RESOLVED: That the Town of .Ithaca Planning Board, acting as the Towne of Ithaca Sign Review Board, hereby recommends that the Zoning Board of Appeals approve the request for sign variances for the following: one existing canopy sign at the employee entrance (as shown in Photo #1 dated October 9, 2009), one existing freestanding sign at the north entrance (as shown in Photo #2 dated October 9, 2009), and one proposed freestanding sign at the south entrance of the South Hill Business Campus (as shown on Exhibits 3 and 7 date stamped September 10, 2009), where a multiuse facility with one street entrance for vehicular traffic is limited to one freestanding sign and one wall or canopy sign, and there is such a freestanding sign located along Danby Road as shown on Photo #3 dated October 9, 2009. Such approval shall be subject to the following condition: 2. The applicant must obtain a sign permit for each sign: one canopy sign and two freestanding signs. A vote on the motion was as follows: Ayes: Howe, Conneman, Bosak, Riha, Talty, Erb and Wilcox. Nays: None The motion passed unanimously. Other Business Committee Reports were given. Next meeting's agenda was discussed. Susan Riha and Kevin Talty will be absent because it falls on Election Day. There was some discussion on the statement quoted in the paper regarding the Briarwood II development area. Chairman Howe reminded the Board about training opportunities. This portion of the minutes is verbatim at the Board's request... Board Member Conneman asked if there was a proposal to talk to Mr. Mackenzie at the Hospital regarding the Holochuck development. It seems to me that ... I know that's considered meddling, when you think I'm wrong, you think I'm meddling; when you think I'm right, you think I'm a leader and I think we should take some leadership and somehow open that question up... Board Member Talty -- "What's the question? Board Member Erb — Is it a Planning Committee rather than a Planning Board question? PB Oct. 20, 2009 Final Pg 6 Board Member Conneman — Well I don't know. We sort of dismissed it .at the last meeting... Board Member Riha But George you have a point, I am certain there has been a lot of effort on the part of the Town to encourage negotiations with Cornell and other people — with all kinds of talk about why can't we put pressure on these people to buy this or do that. So in that context, it seems... inaudible. Board Member Conneman -- It seems the job on the Planning Board is to make the proposal and the development better and the developer has already suggested this and Mr. Mackenzie sorta threw it out and says, "no way." Chairman Howe -- Does everyone know what we are talking about? Board Member Talty - Nope... Chairman Howe — This is for,the Holochock development whether there could be an egress or connection to the hospital. The hospital has been approached and said "No, we are not interested." Board Member Bosak — George, I raised the point in the first place... It was Ellen's point originally... and it turned out that staff has already talked to these people. I don't understand... If there was some legal way that we could bring pressure to bear, I would love to know what it is. Board Member Conneman — If there is nothing legal, then how about compromising... inaudible. Board Member Bosak — Okay, let's do some role playing. Let's say I am Mr. Mackenzie and I say, "it's my property, go fly a kite." What are you going to tell me? Board Member Conneman — We say, "Look, you're part of this neighborhood, the hospital always says its part of the community and all of that... Board Member Bosak — And in my judgment I am doing the best thing for the hospital and the community by keeping your stuff out of there... Board Member Conneman — You do not serve us too, you are not helping the community. You are not doing for the community..... I think it is ridiculous that we do not raise the question. Board Member Wilcox — Somebody wants to twist outside the public eye, it is not this Board to it. Elected officials maybe but it is not this Board. Board Member Conneman — How about as a citizen... PB Oct. 20, 2009 Final Pg 7 Chairman Howe — Talk.to Herb. Engman and say... Board Member Wilcox -- Be careful as a citizen because you can -do things as a citizen that could disqualify you from ... Board Member Conneman — I did that once... Board Member Wilcox — Correct. Just be careful. Board Member Conneman — I will be very careful... Board Member Riha — But the Planning Board and Planning Staff engages in ...inaudible... Board Member Wilcox — Absolutely they do. Planning Staff does; at, I assume, because the elected officials or the Town Supervisor has authorized them to act in that way. Board Member Erb — How about referring it to the Planning Committee whose job it is to look with their foresight and other ways — I do not think it is our job. Board Member Riha — But I think George has a point. We pointed out, when we looked at that plan, that the problem is that there is all this development going on, and everyone has to enter and exit onto Route 96 and that does not make any sense to have that many unit. That does not make sense that there is no secondary road system. Board Member Bosak — Why don't we resolve to recommend to the Town Board that they go talk to Mr. Makenzie. Board Member Riha — Or at least see what they can do to address this problem. Ms. Brock — I don't think it is appropriate for this Board. It seems that you have a project that's proposed and you should judge it on its merits. You can ask the applicant if they can make changes, but I'm not sure you should become proactive and going to other Boards and asking them to effect changes. Board Member Conneman — inaudible... already made the change. Ms. Brock — And then if you feel that the proposal in the final form after SEQR review is done is still unacceptable then you can vote accordingly. But it's not up to you to redesign the project. That's what you are not to do, in fact. You can make suggestions to them if they accept them that's fine, but... Mr. Bosak -- But they were fine with this... PB Oct. 20, 2009 Final Pg 8 Board Member Conneman -- But Fred is saying I can't even. go talk to Herb about it because Herb ...inaudible Board Member Wilcox — I didn't say that. Board Member Conneman — What did you say? Board Member Wilcox — I said, I said be careful about going to ... be careful about acting as a citizen as it may compromise your position as a member of this Planning Board. Board Member Conneman — Well, how... What ... Under what guise would I go to Herb? Board Member Wilcox — I'm not going to sit here and tell you what you can and can not do, I am simply going to say be careful about what you do. Board Member Conneman — Well, .... Ms. Brock -- Why don't we have this part of the minutes be fairly detailed and ask the Town Clerk's office provide them to the Town supervisor and ask him to, take special note of this discussion. I do not think this Board should going to other Boards and asking them to get involved with projects like this. Board Member Riha -- We did ask about the, like over on South Hill, and the issue of high density housing and .... Ms. Brock -- But that was not with one particular project — that was an overall policy of the town. Board Member Riha — But it did kind of get ....inaudible... by one particular project. Ms. Brock — Which you approved, because you had to, because the project meant zoning, and then you said to the Town, you know, we are finding that are hands are tied when these projects come before us and they meet all zoning requirements, but ..... All inaudible... Board Member Riha -- But we just went through this with Lakeside Nursing Home. There are all these buildings being built over there with lots of people, but there is only one major road with no secondary roads over there. No one seems to be wanting to do a secondary road or proposing anything other than everybody has to enter and exit from all these developments and there may be many more. It seems like it may be getting to a point where ...this is becoming difficult to justify hundreds of people having to enter and exit on that single road. And they are all lined up there and there could be a secondary road that would take just a few points where people were entering and PB Oct. 20, 2009 Final Pg 9 exiting which seems like it would be a lot safer for both people entering and exiting along the road. Board Member Bosak — What we are going to end up with is another signal. Board Members all talked at once. Board Member Riha -- ...inaudible ... there should be one coming out of this new development and so on, but we do not have any ability to say that? Board Member Baer -- They are coming up with the whole Route 96 Corridor Study, and there's got to be thinking about this corridor, on how, where we could, how would we slow traffic down or where would we put the lights. So this is part of the bigger plan. Chairman Howe — Well certainly we are going to be talking about Holochock for a while. So is Susan's suggestion satisfactory for this Board? Board Member Bosak — Well, and I have another one now, too, now that you have talked a little bit more. The Planning Committee has a special meeting that is coming up Monday, at 2:00p.m They are going to be talking about two things. One is potential conservation zoning in the Northeast, but the other is the Route 96 Corridor Study and whether the Town is going to commission a traffic study to supplement that, on that corridor. So if you have particular things that you think should be looked at in the traffic study, I think that's completely appropriate for you to say we are noticing patterns or development and these particular issues seem to be coming up with repeating frequency and we would suggest that if you are going to do a traffic study, these are the kind of things that you should looked at and communicate to Planning Committee Members who come to the meeting and say that. Board Member Conneman — It wouldn't exclude me from everything else if I went to the Planning Committee and made a statement? Ms. Brock — Well, I don't know if you should be advocating for a particular change regarding a specific project in front of you, but if you have more general observations that you want to make, I think that would be fine. Board Member Erb — Can he use the specific project as an example? Ms. Brock — George, you can do what you want, but then there might be consequences down the road, I think is what you just need to know. Board Member Conneman -- Well this seems to be a bit.. inaudible ... I don't care about the legal stuff, I'm worried about the ethical thing. The ethical thing is if you are going to approve that development, you ought to have a light for it and people ought to come out that side. PB Oct. 20, 2009 Final Pg 10 Ms. Brock — Well, have you read the traff ic study? Board Member — Conneman -- Yes. Ms. Brock — We don't have it yet, how could you have done that? Board Member Conneman — Well, I read whatever they... I read the draft... Board Members all talking.... Board Member Talty -- I would like to know — do the Town, the City, and Trumansburg ultimately react simultaneously, because what ever conclusion the Town comes to in that traffic study of that corridor means nothing unless the City and the Town of Trumansburg are on the same sheet of music. Because the traffic is going to go in both directions. So just because the sun sets in the west for the Town of Ithaca doesn't mean it sets the same way for the City. So, my recommendation is that all three people should be involved, all three Towns — two Towns and the City, because otherwise, what's the use. I mean, you're talking about hundreds and hundreds if not thousands of people going in both directions. Ms. Brock — I don't disagree. The study was done by all of those municipalities and the county. Board Member Erb — You talking about the Route 9613? Ms. Brock — Well, the Town of Ulysses, I do not know specifically if the Village of Trumansburg was involved, but the Town of Ulysses was. Board Member Riha — So Susan, on the 96b corridor ..inaudible... Ms. Brock -- I don't remember anymore, all I know is they are talking about the Town doing some kind of traffic study. That is all I know. The Board Members talk over each other about the upcoming meeting and who might go. Too overlapping to transcribe.... Chairman Howe — So George, we have encouraged, when the minutes from this meeting get typed up, this section, to also share it with Rich DiPaolo who is Chair of that Committee, so that's another recommendation in case any of us...it sounds like the only person who can potentially be there is George, although Jon is going to check his schedule... Board Member Bosak — But are we supposed to keep our mouths shut or what? Board Member Baer — No, we can say that we are concerned with .... PB Oct. 20, 2009 Final Pg 11 Board Member Conneman -- ...all the traffic there and.we.want tondo the study, and we want to look at where there are roads that exist or could. exist that can take traffic off Route 96, including an extension of across Dick Perry's farm and back to Route 96, right? I mean, we've talked about it. Is that a legitimate... good Fred ?... since you're the judge.... Board Member Wilcox — I'm not the judge sir... Board Member Conneman — Well, you act like it... Board Member Wilcox — I do not. I simply, I simply warn you. Board Member Conneman -- Okay, so inaudible.... Board Member Wilcox — It is not my job to vote whether to exclude you or not. Chairman Howe — Is there anything else? The subject was closed. Meeting was adjourned at 8:35 p.m. Respec II submitted, Paulette Terwilliger, Deputy Town Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, October 20, 2009 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: South Hill Business Campus — South Lobby Entrance, 950 Danby Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed new lobby entry area at the South Hill Business Campus located at 950 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. The proposal involves creating a new south lobby entrance to the building and will include installing a new covered entry, a heated concrete walkway, landscaping, a seating area, lighting and signage. South Hill Business Campus, LLC, Owner /Applicant; Linda Luciano, Property Manager, Agent. 4. Approval of Minutes: September 15, 2009. Other Business: 6. 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, October 20, 2009 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Planning Board of the Town of Ithaca on Tuesday, October 20, 2009, at 215 North Tioga Street, Ithaca, N.Y., at the following time and on the following matter: 7:05 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed new lobby entry area at the South Hill Business Campus located at 950 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. The proposal involves creating a new south lobby entrance to the building and will include installing a new covered entry, a heated concrete walkway, landscaping, a seating area, lighting and signage. South Hill Business Campus, LLC, Owner /Applicant; Linda Luciano, Property Manager, Agent. 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: Friday, October 9, 2009 Publish: Wednesday, October 14, 2009 ( r UVed esday� October 14, 2009 The IthacaJour� a 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 by the Town of Ithaca Planning Board in the Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York, on Tuesday, October 20, 2009 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tioga Street. Date of Posting: October 9, 2009 Date of Publication: October 14, 2009 �•�., Qc2cx1 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 14`h day of October 2009. Notary Public CONNIE F. CLARK Notary Public, State of New York No.01CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 /0