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HomeMy WebLinkAboutPB Minutes 2011-04-05FILE DATEZZ -� TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, April 5, 2011 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Chair: Fred Wilcox; Members: Linda Collins, George Conneman, John Beach, Ellen Baer, Jon Bosak, Hollis Erb, and David Slottje (Alternate Member) Staff Present: Susan Ritter, Director of Planning; Steve Williams, Code Enforcement Officer; Deb DeAugistine, Deputy Town Clerk; Creig Hebdon, Engineer; Christine Balestra, Planner; Susan Brock, Attorney for the Town Call to Order Mr. Wilcox called the meeting to order at 7:02 p.m. and accepted the posting of the public hearing notices. i AGENDA ITEM Persons to be heard No one came forward to address the Board. AGENDA ITEM SEQR Determination: Markowitz / Brumberg 2 -Lot Subdivision, 14.& 18 Lisa Lane. Mr. and Mrs. Brumberg were present. Mr. Brumberg stated that they're proposing to incorporate a part of the Markowitz lot into their lot because a "few months ago, they found surveyors in their driveway putting stakes in and drawing lines next to their house indicating that the property lines were within 10 feet of their house. They've lived in the house for 11 years and always assumed the property line followed a line of trees to the south of the house, whereas they now know that all the trees south of their house are on their neighbor's property. They've done improvements and maintenance to the property. They want to change the boundary line to reflect the way the property has been used for at least a decade. PB Resolution No. 12011 -027: Preliminary and Final Subdivision Approval, Markowitz - Brumberg Two -Lot Subdivision, 14 & 18 Lisa Lane, Tax Parcel No.'s 71- 1-9.5 & 71 -1 -9.6 Moved by Hollis Erb; seconded by John Beach i WHEREAS: i 1. This is consideration, of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 14 and 18 Lisa Lane, Town of Ithaca Tax Parcel No's. 71 -1 -9.5 & 71- 1 -9.6, Medium Density Residential Zone. The proposal involves subdividing off a +/ -2,063 square foot strip of land from the northern edge of 18 Lisa 1; W I PB Draft 04 -05 -2011 Page 2 of 25 ,I Lane and consolidating it with 14 Lisa Lane. Burton S. & Tamara L. Markowitz and G. David and Joan Jacobs Brumberg, Owners /Applicants; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in this uncoordinated environmental review with respect to Subdivision Approval; and 3. The Planning Board, on April 5, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Survey Map Showing Proposed Subdivision Lands of Burton S. & Tamara L. Markowitz to be Conveyed to Joan Jacobs Brumberg and G. David Brumberg, Town of Ithaca, County of Tompkins, State of New York," prepared by Michael John Reagan, Professional Land Surveyor, dated 12/1712010 and amended 1/31/2011, and other application materials; and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: That the Town', of Ithaca Planning Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Part 11 referenced above, in accordance with the New York State Environmental Quality Review', Act for the above referenced action as proposed, and, therefore, an Environmental Impact Statement will not be required. Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb Nays: None AGENDA ITEM Public Hearing! Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 14 and 18 Lisa Lane, Town of Ithaca Tax Parcel No.'s 71 -1 -9.5 and 71- 1 -9.6, Medium Density Residential Zone. The proposal involves subdividing off a, +/- 2,063 square foot strip of land from the northern edge of 18 Lisa Lane, to be consolidated with 14 Lisa Lane. Burton S. & Tamara L. Markowitz and G. David & Joan Jacobs Brumberg, Owners /Applicants. Mr. Wilcox opened the public hearing at 7:10 p.m. and closed the public hearing at 7:11 p.m. PB Resolution No. 2011 -028: Preliminary and Final Subdivision Approval, Markowitz - Brumberg Two -Lot Subdivision, 14 & 18 Lisa Lane, Tax Parcel No.'s 71- 1-9.5 & 71 -1 -9.6 ' Moved by Ellen Baer; seconded by Hollis Erb WHEREAS: i I� i PB Draft 04 -05 -2011 Page 3 of 25 I 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 14 and 18 Lisa Lane, Town of Ithaca Tax Parcel No's. 71 -1 -9.5 & 71- 1 -9.6, Medium Density Residential Zone. The proposal involves subdividing off a +/ -2,063 square foot strip of land from the northern edge of 18 Lisa Lane and consolidating it with 14 Lisa Lane. Burton S. & Tamara L. Markowitz and G. David and Joan Jacobs Brumberg, Owners /Applicants; and 2. This is an Unlisted Action for which the Town of Ithaca. Planning Board, acting in an uncoordinated environmental review with respect to Subdivision Approval, has on April 5, 2011, 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 Part II prepared by, the Town Planning staff; and 3. The Planning) Board on April 5, 2011, has reviewed and accepted as adequate a Short Environ mental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Survey Map Showing Proposed Subdivision Lands of Burton S. & Tamara L. Markowitz to be Conveyed to Joan Jacobs Brumberg and G. David Brumberg, Town of Ithaca, County of Tompkins, State of New York," prepared by Michael John Reagan, Professional Land Surveyor, dated 12/17/2010 and amended 1/31/2011, and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed 12 -lot subdivision located at 14 & 18 Lisa Lane, Town of Ithaca Tax Parcel No.'s 71-1 -9.5 & 71- 1 -9.6, as shown on the map titled "Survey Map Showing Proposed Subdivision Lands of Burton S. & Tamara L. Markowitz to be Conveyed to Joan Jacobs Brumberg and G. David Brumberg, Town of Ithaca, County of Tompkins, State of New York," subject to the following conditions: a. approval of, any variances for 18 Lisa Lane (Lot 4) by the Zoning Board of Appeals, i b. submission' for signing by the Chairman of the Planning Board of an original or mylar copy of the final subdivision plat and three dark -lined prints, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department, and c. consolidation of the +/- 2,063 square foot strip of land from 18 Lisa Lane (Lot 4, Tax Parcel No. 71.- 1 -9.6) with 14 Lisa Lane (Lot 3, Tax Parcel No. 71.- 1 -9.5), and submission. of a copy of the consolidation request to the Town of Ithaca Planning Department within six months of the date of this resolution. Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb Nays: None AGENDA ITEM i PB Draft 04 -05 -2011 Page 4 of 25 SEQR Determination: Shantur 2 -Lot Subdivision, 23 John Street. Mr. Shantur stated that in 1992, he and his wife bought 23 John Street, and five years ago bought 21 John Street, the adjoining property, and joined them for tax purposes. Now they want to sell that property, and would like to subdivide it again to 21 John Street, to the original lot line. PB Resolution No. 2011 -029: SEAR, Preliminary and Final Subdivision Approval, Shantur 2 -Lot Subdivision, 23 John Street, Tax Parcel No. 56. -3 -13.19 Moved by George Conneman, seconded by John Beach WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 23 John Street, Town of Ithaca Tax Parcel No. 56. -3- 13.19, Medium Density Residential Zone. The proposal involves subdividing the parcel into a +/ -0.377 acre vacant parcel and a +/ -0.415 acre parcel containing the existing house. Walid M. & Sui -Sing Shantur, Owners /Applicants; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency with respect to Subdivision Approval; and 3. The Planning Board on April 5, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Survey Map, Lands of Walid M. & Sui -Sing Shantur, Town of Ithaca, County of Tompkins, State of New York," prepared by Michael John Reagan, Professional Land Surveyor, dated February 14, 2011, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: i That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance for the reasons set -forth in the Environmental Assessment Form Part II referenced above, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, an Environmental Impact Statement will not be required. Vote: Ayes: Wilcox, Collins; Conneman, Beach, Baer, Bosak, Erb Nays: None AGENDA ITEM PB Draft 04 -05 -2011 Page 5 of 25 Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 23 John Street, Town of Ithaca Tax Parcel No. 56- 3- 13.19, Medium Density Residential Zone. The proposal involves subdividing the parcel into a +/- 0.377 acre vacant parcel and a +/- 0.415 acre parcel containing the existing house. Walid M. & Siu -Sing Shantur, Owners /Applicants. Mr. Wilcox opened the public hearing at 7:17 p.m. and closed the public hearing at 7:18 p.m. PB Resolution No. 2011 -030: Preliminary and Final Subdivision Approval, Shantur 2 -Lot Subdivision, 23 John Street, Tax Parcel No. 56. -3 -13.19 Moved by Ellen Baer; seconded by Hollis Erb WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 23 John Street, Town of Ithaca Tax Parcel No. 56. -3- 13.19, Medium Density Residential Zone. The proposal involves subdividing the parcel into a +/ -0.377 acre vacant parcel and a +/ -0.415 acre parcel containing the existing house. Walid M. & Sui -Sing Shantur, Owners /Applicants; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has on April 5, 2011, 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 Part II prepared by the Town Planning staff; and 3. The Planning Board on April 5, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Survey Map, Lands of Walid M. & Sui -Sing Shantur, Town of Ithaca, County of Tompkins, State of New York," prepared by Michael John Reagan, Professional Land Surveyor, dated February 14, 2011, and other application materials; NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 23 John Street, Town of Ithaca Tax Parcel No. 56.- 3- 13.1!9, as shown on plans entitled "Survey Map, Lands of Walid M. & Sui - Sing Shantur, Town of Ithaca, County of Tompkins, State of New York," subject to the following condition: a. submission for signing by the Chairperson of the Planning Board of an original or mylar copy, of the final subdivision plat and three dark -lined prints, prior to filing PB Draft 04 -05 -2011 Page 6 of 25 with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department. Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb Nays: None AGENDA ITEM Consideration of �a sketch plan for the proposed Ithaca Waldorf School project located in a portion of the former Biggs Building at 401 Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24 -3- 2.221, Planned Development Zone No. 3 and Low Density Residential Zone. The proposal involves using the first floor of the east wing of the existing Biggs Building for the school operation, beginning in August 2011. The only exterior modifications include the addition of a play structure to the southeast of the facility and signage near the entrance. Cayuga Medical Center, Owner; Ithaca Waldorf School, Applicant; Todd Bittner, Agent. Devid Hessler, president of the board of the Waldorf School gave a brief overview. They are seeking input from the Planning Board. They wanted to determine if they'll need a special use permit. This is temporary site for them since they are developing a site in Danby on corner of Nelson Road and Danby Road, which they plan to relocate to in 2012. He described what they were looking to do. There are 40 students and 8 staff, creating 50 car trips per day. They need to be able to occupy it by September and must know if there will be zoning approval before they negotiate with CMC. The Board discussed that since this is reuse of an existing building, no traffic study will be needed — in fact there will be fewer trips than in the previous use. Mr. Bosak suggested they overestimate the amount of time they will occupy the space, because approvals are accompanied by time limits. If all doesn't go according to plan, they then won't need to apply for extensions. There was discussion of safety, especially dropping off and picking up children. Mr. Hessler stated the only part of the building being used is the sub -grade level for storage and that they will be the only occupants in the building. In a typical morning, there will be only one bus and 14 cars. When they come back for SEAR and site plan review, Ms. Erb would like to see that the children are secure in that wing and can't wander into another part of the building and that they can't wander off site. AGENDA ITEM Approval of minutes from March 29 PB Resolution No. 2011 -031: Minutes of March 29, 2011 Moved by Fred Wilcox; Seconded by Hollis Erb WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on March 29, 2011; now, therefore, be it PB Draft 04 -05 -2011 Page 7 of 25 RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meeting of March 29. Vote Ayes: Wilcox, Collins, Conneman, Beach, Bosak, Slottje, Erb Abstain: Baer AGENDA ITEM Consideration of adoption of the Findings Statement for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24- 3 -3.2, 25- 1 -5.1, 25 -2- 41.2, 26 -4 -37, 26 -4 -38, and 26 -4 -39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The proposal involves the construction of 106 + /- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Density Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation proposes to acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner /Applicant; David M. Parks, Esq., Agent. Members of the applicant team present were David Parks, Fred Wells from Tim Miller Associates, and Mark Parker from Keystone Associates. Mr. Wilcox suggested going through the redlined version of the Findings Statement dated April 5, 2011. Minor editorial changes are not noted. Page 9 and all other occurrences: change "condominium" to "Homeowners' Association." Page 9: Community Character Delete the last sentence of the first paragraph and replace with the wording Ms. Brock suggested in her email of April 1. There was discussion about the timing of building the affordable units. Since there's no guarantee that all units will be built, it's important to equally intersperse the affordable units throughout the complex. Ms. Brock noted that she has added a condition in the preliminary subdivision approval regarding the units, and that timing can be handled in the agreement. Page 11: replace the redlined text with the language Ms. Brock provided in her email. Page 14: change "subsidize" to "provide" in first two bullets, and change "expenses" to "services" in the second bullet. PB Draft 04 -05 -2011 Page 8 of 25 Page 20, d: • insert p.m. peak hour before "trip" • change "25V to "21 V • delete the redlined text Page 22: There was discussion regarding the future mitigation value of the affordable units. Ms. Erb stated that they will maintain a greater variety of prices in the development and that people with certain income limits will be less likely to do a lot of upgrades to their units. Mr. Wilcox agreed that there's a chance that they will remain less expensive than the other units, and therefore may remain affordable. Ms. Collins pointed out that the units will not be comped against the houses in that neighborhood, but to other similar units in the Town. Ms. Slottje suggested that this is a diversity of housing stock issue, not necessarily an affordability issue. In the first full paragraph substitute the wording from Ms. Brocks email for the following: "Additionally, the townhouses... the rest of the units." Page 14 and 16: On a request from Ms. Collins, insert a new bullet after bullet #2: "Educate and communicate to residents the importance of using the public transit bus passes and vanpool services" , Bottom of page 21: There was discussion regarding imposing alternative energy requirements if there's not a finding. Mr. Wilcox stated that unless the Board can pinpoint a certain environmental issue where this would be an appropriate mitigation measure, the law might not allow the Board to impose this in subdivision approval. Ms. Erb noted that it was offered in the EIS. Her concern is that the HOA might try to disallow alternative energy elements, not just regulate their appearance. She just wants to make sure that they can't be outlawed. David Parks stated that they won't prohibit solar energy, but may regulate the type, size, and location, so they use a uniform type. The way the market is today, they are looking at ways to make the project a more green. This would fit the current market and also blend in with mitigations like bus passes. He also stated that in the EIS, they are not proposing any one of the units can install solar panels; the HOA would regulate them. He does not think they would have a problem with solar shingles. Board members agreed to leave the Findings as is, as long as the topic can be brought up as part of subdivision approval. PB Draft 04 -05 -2011 Page 9 of 25 Ms. Brock suggested discussing the County GML letter and the letter from Mark Grainer of the DOT. It was noted that the letter was faxed to Planning Staff at 3 p.m. Mr. Parks stated that at his request, Mr. Marx wrote the letter to clarify and expand on his letter of December 18, 2007. The main issue is interconnectivity with the nursing home, Candlewick apartments, and Cayuga Medical Center. Mr. Marx states that interconnectivity between the properties is important. Page 15: Pedestrian and Bicycle Network • Append the following language to the third sentence: ", and from the cul -de -sac north to the edge of the property proposed to be conveyed to New York State. In addition, the applicant will provide a minimum 10' dedicated right -of -way from an existing sidewalk system to the northwest corner of the boundary with the proposed future State Park land to allow for the option of a future pedestrian connection to PRI and /or an alternative route to the Cayuga Medical Center." • Append the following language to the fourth sentence: "and also runs along the western property boundary to the main access drive." • Add a sentence after the fifth sentence that reads: "The project will also include a pedestrian connection running from the sidewalk system near buildings 2 and 3 to the southern property line in the vicinity of the Candlewyck apartment complex." Page 16: delete the second bullet from the bottom Page 17: delete the bullet at the top; replace it with the five bullets from Ed Marx's letter of April 5, which were modified as follows: • Delete the second sentence. • 2nd bullet is unchanged. • End sentence after "complex." • Delete the second sentence. • Change to read: "A pedestrian right -of -way to provide a potential connection from the sidewalk system to the Lakeside (Cayuga Ridge) property." Mr. Bosak read a prepared statement. See Attachment 1. Ms. Collins stated that she agreed with all of what Mr. Bosak said. What she understands as her responsibility under SEQR is to first establish whether an impact is significant. All the data show that this project will have a significant impact on traffic, not just in seconds of delay, but as a system of traffic nears a tipping point, significance becomes a different measure. She gave an example of a chemical reaction: the last drop placed in to the chemical reaction that causes it to explode is more significant than the first drop. She has remained open minded and has given a lot of thought to this. She does not feel that the mitigations for the traffic impacts are sufficient, the reasons for which she stated at the last meeting. Looking at the balance between the benefits to the community and the unmitigated impacts of traffic, she thinks the affordable housing component is a red herring. This is not in any way affordable housing, particularly because of the way it has been set up. Some units are of lower cost, but this is only in the first sale of the units, because it is the market that in the future will dictate the price of those units. The impacts PB Draft 04 -05 -2011 Page 10 of 25 of the traffic are now, and many mitigations of this project have been pushed into the future, and they don't address the immediacy of the issues. Therefore, she feels that alternative 3B is the appropriate alternative and cannot, in good conscience, vote for this project. Mr. Conneman took the opposite stand. He likes the possibility of clustered housing and that some of the property is going to the State Park system, providing a connection to the Black Diamond Trail. He thinks the housing concessions are very important. He has never been impressed by what traffic engineers do; instead, he would sit at the bottom of the hill for 24 hours and measure the real traffic. What you would find is that most times you get through very quickly. If you measure the seconds, it doesn't amount to much. He thinks it's a much better project than any other that might have been proposed for that land. He thinks the mitigations are reasonable and that there is more traffic on going up State Street to East Hill. If there's any traffic, it only happens twice per day. Anywhere else in the world, this is not traffic. Mr. Slottje agreed with Ms. Collins, especially with respect to the affordable housing component, which, as presently configured, is not responsive to his view of the affordable housing need in the Town, most importantly because it addresses only the first purchase. Secondly, he agrees nearly verbatim with what Mr. Bosak said. He has thought the project has serious problems with the growth factor, even before the most recent census data came out. He agrees with George that it's not a good idea to rely on traffic engineers. [inaudible] inflates what's going on there and therefore deflates the impact that this project is causing. Ms. Erb agreed with Mr. Conneman. What she heard a few meetings ago about the traffic issue, and the difference between the build and no -build scenario, as opposed to forgetting about there being a no -build scenario was that although the number of vehicles attributed to the Holochuck Development would be the same, the traffic delays would be the same as currently predicted or lessened. A very large reason for voting in favor of this project is that she would rather have these 106 homes in one this location on West Hill than to have 70 or 80 additional homes sprawled across West Hill. She is saddened that her colleagues don't think the traffic mitigations are worth very much. She thinks they are better than 70 or 80 houses sprawled along the hill where they can't be mitigated with bus passes, where there will be too many curb cuts, and there won't be a provision for anywhere close to a 1500 -foot walk to a bus stop. She is anti - sprawl for West Hill and she sees this as anti - sprawl. Mr. Wilcox said he has been looking for a way to say no to this project, but that going through the environmental impacts the Board identified in the scoping process, they either weren't significant or were mitigated; for example, stormwater management. So it boils down to traffic. Has the Board mitigated the traffic impacts to the maximum extent practicable? He thinks the answer is yes, they have been mitigated. The Board has required bus passes and the vanpool. More importantly, today they added that the HOA has to educate, in some way make people aware that they're paying for it and that it's a good idea, that it will not only benefit themselves, but others as well. He thinks the Board PB Draft 04 -05 -2011 Page 11 of 25 has done a fantastic job working through the impacts and coming up with strategies to address the most significant concerns. PB Resolution No. 2011 -032: SEAR — Adoption of Findings Statement, Holochuck Homes Subdivision, Between NYS Route 96 & NYS Route 89, Tax Parcel No.'s 24 -3- 3.2, 25- 1 -5.1, 25 -2 -41.2, 26 -4 -37, 26 -4 -38, and 26 -4 -39 Moved by George Conneman; seconded by Hollis Erb WHEREAS: 1. This project is the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24- 3 -3.2, 25- 1 -5.1, 25 -2 -41.2, 26 -4 -37, 26 -4 -38, and 26 -4- 39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The project involves the construction of 106 +/- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation will acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner /Applicant; David M. Parks, Esq., Agent; and 2. The proposed project, which requires subdivision approval by the Town of Ithaca Planning Board, is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review; and 3. The Town of Ithaca Planning Board established itself as lead agency to coordinate the environmental review of the proposed Holochuck Homes Subdivision, and issued a positive determination of environmental significance at its meeting on December 18, 2007, in accordance with Article 8 of the Environmental Conservation Law (also known as the New York State Environmental Quality Review Act) for the above referenced action as proposed, and confirmed that a Draft Environmental Impact Statement (DEIS) would ,be prepared; and 4. The Town of Ithaca Planning Board held a Public Scoping Meeting on March 18, 2008 to hear comments from the public and interested and involved agencies regarding the scope and content of the DEIS, and accepted the revised Final Scoping Document (amended by the Planning Board at its meeting on March 18, 2008), as being adequate; and 5. The applicants prepared the DEIS, dated September 1, 2009, and submitted said DEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and PB Draft 04 -05 -2011 Page 12 of 25 6. The Town of Ithaca Planning Board reviewed the DEIS and amendments at its meetings on September 15, 2009 and October 6, 2009; and on November 3, 2009, accepted the DEIS as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9; and 7. The Town Planning Board scheduled a public hearing on Tuesday, December 15,- 2009 at 7:15 p.m. to obtain comments from the public on potential environmental impacts of the proposed Holochuck Homes Subdivision, and extended the public hearing and accepted written comments from the public regarding the DEIS until January 5, 2010; and 8. During the comment period, the Tompkins County Health Department informed the Town of Ithaca via letter dated November 17, 2009, that a former dump located on the Holochuck property was noted in the County Health Department's 1995 database of abandoned landfills as the "Oddfellow's Refuse Site "; and 9. The DEIS identified two 20th Century trash dumps visible on the surface of the property that was the subject of the DEIS, including a trash dump identified as Locus 1; and 10.On December 11, 2009 Town Staff visited the Holochuck Property, located the dump site identified by the Tompkins County Health Department, and determined that it was not the same as the Locus 1 dumpsite indicated in the DEIS (although it may have been an extension of Locus 1), and further that it appeared to be located on the parcel proposed to be transferred to the NYS Office of Parks, Recreation, and Historic Preservation; and 11. The NYS Office of Parks, Recreation, and Historic Preservation submitted a letter to the Town of Ithaca, dated January 4, 2010, stating that a subsequent site visit by Town of Ithaca Staff and Finger Lakes Regional Staff on December 28, 2009 determined that there were potentially two dumpsites of significant size located on the portion of land shown to be conveyed to the NYS Office of Parks, Recreation, and Historic Preservation and that further site assessment for hazardous materials, documentation of the full extent of the debris field, followed by a cleanup /closure as directed by the NYS Department of Environmental Conservation, would be necessary before the NYS Office of Parks, Recreation, and Historic Preservation would agree to advance an acquisition of the property; and 12.The Planning Board determined that the newly discovered information about the various dumps on the Holochuck property was important and relevant and that there was a potential for significant adverse environmental impacts because of the potential public safety issues posed by these dumps located close to the proposed dense housing development. The dumps appeared to contain sharp, rusted metal, glass objects, medical refuse, and other unknown and potentially hazardous items. Locus 1 was located within the proposed developed area and another dump was located in the woods only a few hundred feet away from the proposed developed area. Additionally, PB Draft 04 -05 -2011 Page 13 of 25 there was not much known information about whether these dumps may have contained or currently contained hazardous waste; and 13.The Planning Board, on January 5, 2010, found that the DEIS inadequately addressed the impacts of the two dumps identified in the DEIS, and further that the DEIS did not address the impacts of the dump(s) identified by the Tompkins County Health Department and observed by Town of Ithaca Staff, and therefore required the preparation of a Supplemental Environmental Impact Statement (SEIS) to the DEIS, to address the significant adverse impacts of the dumps; and 14. The applicants prepared an SEIS, dated July 27, 2010, concerning the two dumpsites referenced above, and the Planning Board, at its meeting of September 7, 2010, reviewed and accepted the SEIS as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9; and 15.The Planning Board held a public hearing at 7:05pm on October 5, 2010 to obtain comments from the public on potential environmental impacts of the dumpsites located on the site of the proposed Holochuck Homes Subdivision, as evaluated in the SEIS, and accepted written comments by the public until October 15, 2010; and 16.The applicants prepared a Final Environmental Impact Statement (FEIS), dated November 4, 2010, regarding the proposed Holochuck Homes Subdivision, and submitted said FEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 17.The Town of Ithaca Planning Board reviewed and revised said FEIS at its meetings on December 7, 2010, December 21, 2010, January 4, 2011, and February 1, 2011; accepted the FEIS on February 1, 2011, filed a Notice of Completion of FEIS, and distributed the FEIS to involved and interested agencies and the public, as required by 6 NYCRR Parts 617.9 and 617.12; and 18. Due to errors that were discovered in the EIS regarding traffic models affecting two City intersections (N.Fulton /Cliff Street [Buffalo Street] and Taughannock Boulevard /Cliff Street), the Holochuck applicant and the Planning Board agreed, at the March 8, 2011 Planning Board meeting, to re -open the FEIS for the limited purpose of having the applicant provide corrected traffic analysis tables and related text; and 19.The applicants submitted corrected traffic analysis tables and text to the Planning Board for consideration of acceptance of the revised FEIS at the March 15, 2011 Planning Board meeting; and at its March 15, 2011 meeting, the Planning Board reviewed, revised and accepted the revised FEIS with corrected traffic analysis for the two City intersections; and 20.The Town of Ithaca Planning Board, on March 1, March 8, March 22, March 29, and April 5, 2011, reviewed and discussed the Findings Statement for the Holochuck Homes Subdivision; PB Draft 04 -05 -2011 Page 14 of 25 NOW THEREFORE BE IT RESOLVED: 1. The Town of Ithaca Planning Board, as lead agency, on April 5, 2011, does hereby adopt the Findings Statement for the Environmental Impact Statement for the Holochuck Homes Subdivision; and 2. That having considered the Draft, Supplemental, Final and Revised Final EIS and the relevant documents incorporated therein, and having considered the written facts and conclusions in the Findings Statement relied upon to meet the requirements of Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Parts 617.9 through 617.12, the Town of Ithaca Planning Board does hereby certify that: a. The requirements of 6 NYCRR Part 617 have been met; and b. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the proposed action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable. Vote: Ayes: Wilcox, Conneman, Beach, Erb Nays: Collins, Bosak, Slottje Abstentions: Baer Mr. Wilcox called a five minute break at 9:36 pm AGENDA ITEM Consideration of Preliminary Subdivision Approval for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24- 3 -3.2, 25- 1 -5.1, 25 -2- 41.2, 26 -4 -37, 26 -4 -38, and 26 -4 -39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The proposal involves the construction of 106 + /- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Density Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation proposes to acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner /Applicant; David M. Parks, Esq., Agent. The Board resumed regular session at 9:45 p.m. Mr. Wilcox wanted to make it clear that the most important vote is setting conditions in preliminary subdivision approval, which is saying, I approve of this project with these PB Draft 04 -05 -2011 Page 15 of 25 conditions. Final subdivision approval simply verifies that the applicants did the steps necessary as outlined in the conditions specified in preliminary. They are 'two different votes. We have to deal with changes to reflect the pedestrian connections and right of ways and then fill in the blank based on input from DOT and the City of Ithaca. The Board discussed the letter dated April 5th from Mr. Marx of the Tompkins County Planning Department and incorporated an edited version of his recommended modifications into condition "g" of the resolution. The Board discussed other conditions in the resolution and made changes consistent with the Findings Statement. They also added conditions regarding terms of the affordable units and taken from Ms. Brock's email, ii regarding construction parking and staging per Ms. Erb's request, and jj regarding solar energy. The Board discussed and Ms. Brock noted that there was no mechanism in the Town Code for determining the number of spaces in a residential driveway, and agreed not to limit the number of parking spaces assigned to each unit, with Ms. Collins disagreeing. She is in favor of a restriction, and that not imposing one goes against the idea of encouraging people not to drive as much. Other members stated that if there are fewer parking spaces, people will park in the roads. Mr. Parks noted that they are looking into the possibility of providing geothermal to the whole complex. They are in preliminary discussions with a provider. Mr. Parks initiated a discussion on condition "gg," stating that since the applicants own the land and do not intend to disturb any neighboring properties to construct the entrance road, they should not need agreements with neighboring property owners. They plan to be good neighbors and to share the plans, but don't want agreements with dissenting neighbors to hold them up. Mr. Hebdon responded that the language came from Public Works. Their intent is to mitigate possible future complaints from neighbors who don't like the design. Only Public Work can agree that the design is reasonable. The Board agreed that the applicants will share the design with the neighboring property owners so the Public Works Department staff know they saw it, and can answer any complaints by stating that the neighbors were aware of the design and that engineering staff signed off on it. PB Resolution No. 2011 -033: Preliminary Subdivision Approval, Holochuck Homes Subdivision, Between NYS Route 96 & NYS Route 89, Tax Parcel No.'s 24- 3 -3.2, 25- 1-5.1, 25 -2 -41.2, 26 -4 -37, 26 -4 -38, and 26 -4 -39 Moved by Fred Wilcox; seconded by Ellen Baer WHEREAS: PB Draft 04 -05 -2011 Page 16 of 25 1. This project involves consideration of Preliminary Subdivision Approval for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24- 3 -3.2, 25- 1 -5.1, 25-2-41.2,.26-4-37, 26 -4 -38, and 26 -4 -39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The project involves the construction of 106 +/- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation will acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner /Applicant; David M. Parks, Esq., Agent; and 2. The proposed project, which requires subdivision approval by the Town of Ithaca Planning Board, is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review; and 3. The Town of Ithaca Planning Board established itself as lead agency to coordinate the environmental review of the proposed Holochuck Homes Subdivision, and issued a positive determination of environmental significance at its meeting on December 18, 2007, in accordance with Article 8 of the Environmental Conservation Law (also known as the New York State Environmental Quality Review Act) for the above referenced action as proposed, and confirmed that a Draft Environmental Impact Statement (DEIS) would be prepared; and 4. The Town of Ithaca Planning Board held a Public Scoping Meeting on March 18, 2008 to hear comments from the public and interested and involved agencies regarding the scope and content of the DEIS, and accepted the revised Final Scoping Document (amended by the Planning Board at its meeting on March 18, 2008), as being adequate; and 5. The applicants prepared the DEIS, dated September 1, 2009, and submitted said DEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 6. The Town of Ithaca Planning Board reviewed the DEIS and amendments at its meetings on September 15, 2009 and October 6, 2009; and on November 3, 2009, accepted the DEIS as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9; and 7. The Town Planning Board scheduled a public hearing on Tuesday, December 15, 2009 at 7:15 p.m. to obtain comments from the public on potential environmental impacts of the proposed Holochuck Homes Subdivision, and extended the public PB Draft 04 -05 -2011 Page 17 of 25 hearing and accepted written comments from the public regarding the DEIS until January 5, 2010; and 8. During the comment period, the Tompkins County Health Department informed the Town of Ithaca via letter dated November 17, 2009, that a former dump located on the Holochuck property was noted in the County Health Department's 1995 database of abandoned landfills as the "Oddfellow's Refuse Site "; and 9. The DEIS identified two 201h Century trash dumps visible on the surface of the property that was the subject of the DEIS, including a trash dump identified as Locus 1; and 10.On December 11, 2009 Town Staff visited the Holochuck Property, located the dump site identified by the Tompkins County Health Department, and determined that it was not the same as the Locus 1 dumpsite indicated in the DEIS (although it may have been an extension of Locus 1), and further that it appeared to be located on the parcel proposed to be transferred to the NYS Office of Parks, Recreation, and Historic Preservation; and 11. The NYS Office of Parks, Recreation, and Historic Preservation submitted a letter to the Town of Ithaca, dated January 4, 2010, stating that a subsequent site visit by Town of Ithaca Staff and Finger Lakes Regional Staff on December 28, 2009 determined that there were potentially two dumpsites of significant size located on the portion of land shown to be conveyed to the NYS Office of Parks, Recreation, and Historic Preservation and that further site assessment for hazardous materials, documentation of the full extent of the debris field, followed by a cleanup /closure as directed by the NYS Department of Environmental Conservation, would be necessary before the NYS Office of Parks, Recreation, and Historic Preservation would agree to advance an acquisition of the property; and 12.The Planning Board determined that the newly discovered information about the various dumps on the Holochuck property was important and relevant and that there was a potential for significant adverse environmental impacts because of the potential public safety issues posed by these dumps located close to the proposed dense housing development. The dumps appeared to contain sharp, rusted metal, glass objects, medical refuse, and other unknown and potentially hazardous items. Locus 1 was located within the proposed developed area and another dump was located in the woods only a few hundred feet away from the proposed developed area. Additionally, there was not much known information about whether these dumps may have contained or currently contained hazardous waste; and 13.The Planning Board, on January 5, 2010, found that the DEIS inadequately addressed the impacts of the two dumps identified in the DEIS, and further that the DEIS did not address the impacts of the dump(s) identified by the Tompkins County Health Department and observed by Town of Ithaca Staff, and therefore required the preparation of a Supplemental Environmental Impact Statement (SEIS) to the DEIS, to address the significant adverse impacts of the dumps; and PB Draft 04 -05 -2011 Page 18 of 25 14. The applicants prepared an SEIS, dated July 27, 2010, concerning the two dumpsites referenced above, and the Planning Board, at its meeting of September 7, 2010, reviewed and accepted the SEIS as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9; and 15.The Planning Board held a public hearing at 7:05pm on October 5, 2010 to obtain comments from the public on potential environmental impacts of the dumpsites located on the site of the proposed Holochuck Homes Subdivision, as evaluated in the SEIS, and accepted written comments by the public until October 15, 2010; and 16.The applicants prepared a Final Environmental Impact Statement (FEIS), dated November 4, 2010, regarding the proposed Holochuck Homes Subdivision, and submitted said FEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 17. The Town of Ithaca Planning Board reviewed and revised said FEIS at its meetings on December 7, 2010, December 21, 2010, January 4, 2011, and February 1, 2011; accepted the FEIS on February 1, 2011, filed a Notice of Completion of FEIS on February 9, 2011, and distributed the FEIS to involved and interested agencies and the public, as required by 6 NYCRR Parts 617.9 and 617.12; and 18. Due to errors that were discovered in the EIS regarding traffic models affecting two City intersections (N. Fulton /Cliff St. [Buffalo St.] and Taughannock Blvd. /Cliff St.), the Holochuck applicants and the Planning Board agreed, at the March 8, 2011 Planning Board meeting, to re -open the FEIS for the limited purpose of having the applicants provide corrected traffic analysis tables and related text; and 19.The applicants submitted corrected traffic analysis tables and text to the Planning Board for consideration of acceptance of the revised FEIS at the March 15, 2011 Planning Board meeting; and at its March 15, 2011 meeting, the Planning Board reviewed, revised and accepted the revised FEIS with corrected analysis for the two City intersections;; and 20. The Planning Board, on March 1, March 8, March 22, March 29, and April 5, 2011, reviewed and discussed the Findings Statement for the Holochuck Homes Subdivision; and 21. The Planning Board, at the meeting on April 5, 2011, adopted the Findings Statement for the Holochuck Homes Subdivision; and 22. The Planning Board, at the meeting on April 5, 2011, has reviewed a landscape plan submitted with the DEIS for the project entitled, "Figure 2 -10, Landscape Design, Holochuck Homes Subdivision," prepared by Tim Miller Associates, Inc., and dated 3/09; a set of plans entitled " Holochuck Homes Subdivision, NYS Route 96," including Sheet C010, titled "Existing Conditions Plan," Sheet CO20, titled "Slope Map," Sheet C100, titled "Master Plan," Sheets C200, C210, C220, and C230, titled "Subdivision PB Draft 04 -05 -2011 Page 19 of 25 Plat," Sheets C300, C310, and C320, titled "Erosion & Sediment Control Plan," Sheets C330 and C340, titled "Cluster Road Plan & Profile," Sheet C350, titled "Main Access Drive Plan & Profile," Sheets C360 and C370, titled "Cluster Road Grading Plan," Sheet C380, titled "Main Access Drive Grading Plan," Sheets C400 and C410, titled "Erosion & Sedimentation Control Details, " Sheet C420, titled "Pond Sections & Details," Sheets C430 and C440, titled "Site Details," and Sheet C500, titled "Specifications," all prepared by Keystone Associates, LLC, and dated August 14, 2009, and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby grants Preliminary Subdivision Approval for the construction of the Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), as shown on a set of plans entitled "Holochuck Homes Subdivision, NYS Route 96," including Sheets C010 -0500, prepared by Keystone Associates, LLC, and dated August 14, 2009, and a landscape plan submitted with the DEIS for the project entitled, "Figure 2 -10, Landscape Design, Holochuck Homes Subdivision," prepared by Tim Miller Associates, Inc., and dated 3/09; subject to the following conditions: a. Submission of revised engineering, stormwater, utility and road plans and details, in accordance with the revisions noted in the EIS, required in the Findings Statement, and per the Town of Ithaca Public Works Department requirements noted in memos dated December 15, 2009, December 16, 2009, and July 28, 2010 (letters #9, 10, and 23 in FEIS), including: • Revision of the plans to show a 10 -foot road width, as required by the Town of Ithaca current standards, prior to Final Subdivision Approval, • Modification of the location of the proposed water and sanitary sewer mains to be located outside of the street pavement instead of within it, prior to Final Subdivision Approval, • Revision of the plans to show mitigation of the cross -slope on the driveway entrances at buildings 9 and 10, specifically regarding their connection to the main access road; and revision of the plans to show mitigation of the cross - slope at other locations where the main access road intersects the existing driveways of adjoining parcels, prior to Final Subdivision Approval, • Revision of the plans to show replacement of the current hydrant assembly detail with a Town of Ithaca hydrant assembly detail, prior to Final Subdivision Approval, • Revision of the plans to show the inclusion of a doghouse manhole detail per the Town of Ithaca standards, prior to Final Subdivision Approval, • Revision of the plans to show the placement of sanitary cleanouts every 75 feet on the service lines, including a cleanout at the right -of -way line, prior to Final Subdivision Approval, • Submission of a revised Full SWPPP, including the Town's SWPPP checklist, the revisions required as noted in the letter from Kristin Taylor, dated December 16, 2009 (letter #10 in FEIS), and information on the 2 -year, 25- PB Draft 04 -05 -2011 Page 20 of 25 year, and 50 -year storms as per the Town's Stormwater Management and Erosion Control Law requirements, prior to Final Subdivision Approval, • Submission of a completed Simple Erosion and Sedimentation Control plan for the dump site remediation that is separate from the SWPPP for the overall project, prior to Final Subdivision Approval, • Revision of the plans to either show compliance with new NYS DEC stormwater design manual requirements for post- construction stormwater facilities or proof from the NYS DEC that the Holochuck project does not have to comply with the most recent version of the design manual, prior to Final Subdivision Approval, and • Revision of the plans to include details on any cut and fill, excavation or embankment of soil, prior to Final Subdivision Approval, b. Approval of the basic sanitary sewer, water, stormwater facilities, and road infrastructure elements by the Town of Ithaca Public Works Committee, prior to Final Subdivision Approval, c. Submission of a phasing plan for the proposed subdivision development, as noted in the EIS and required in the Findings Statement, for review and approval by the Town of Ithaca Public Works Department, prior to Final Subdivision Approval, d. Receipt of approval by the Town Board of the concept and locations of the entry and internal site roads, their associated drainage facilities, and sanitary sewer and water mains and related infrastructure (including sewer pump station) to be conveyed to the Town, prior to Final Subdivision Approval, e. Submission of draft sanitary sewer and water main easements, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to Final Subdivision Approval, f. Submission of a tree preservation plan, as noted in the EIS and required in the Findings Statement, that identifies any large, mature or old growth trees to be impacted by the development, and shows protection of trees greater than 6 inches in diameter (to the greatest extent practicable), prior to Final Subdivision Approval, g. Submission of a draft easement, along with easement details and plans showing the locations of • a minimum 10' dedicated right -of -way from the cul -de -sac heading westerly along the boundary with the proposed State Park land, and then running north along the western boundary of the applicant's land to the boundary with the Cayuga Medical Center property, and also heading south to connect with the main access drive, and • a pedestrian right -of -way within the extension of the property to Route 96 south of Lakeside (Cayuga Ridge) Nursing Home to provide a potential connection from the sidewalk system opposite building 20 to the Lakeside (Cayuga Ridge) property, PB Draft 04 -05 -2011 Page 21 of 25 h. Revision of the landscaping plan, as noted in the EIS and required in the Findings Statement, to include additional evergreen and deciduous landscape trees in clusters along the east side of buildings 1 and 14 -20, expansion of the fill pads where possible to include additional evergreen buffer plantings along the eastern side of the project, additional buffer plantings at the edge of the property adjoining the neighboring houses and church at the south end of the project (particularly west of and behind buildings 3, 4, and 5), and additional landscaping in the form of a tree line on the west side of buildings 8, 9, 10, and 11, prior to Final Subdivision Approval, i. As noted in the EIS and required in the Findings Statement, the building palette of colors shall be a variety of neutral, natural colors to help blend buildings and other structures with the surrounding landscape, such colors to be approved by the Board at Final Subdivision Approval (applicant will provide building material and color samples at the Final Subdivision meeting), j. As required and described in the Findings Statement, revision of the building design and elevation plans to reflect varying architectural details to break up the monotony of the buildings and also to specifically show the proposed 11 median income affordable housing units mixed throughout the layout, prior to Final Subdivision Approval, k. Submission of locations, designs, and details of any proposed signage associated with the project, including but not limited to traffic signs, prior to Final Subdivision Approval, As noted in the EIS and required in the Findings Statement, revision of the site plan to show protective measures around Locus 1 and the historic pump house, along with a note that states "Per New York State Office of Parks, Recreation, and Historic Preservation requirements, construction related to the Holochuck subdivision development shall completely avoid the Locus 1 and historic pump house areas ", prior to Final Subdivision Approval, m. Submission of revised draft documents regarding the creation, operation and responsibilities of the Holochuck Homeowners' Association or similar entity to own and maintain the common land, recreational areas and facilities, entrances to the proposed New York State park land, stormwater facilities, and any other common facilities or areas, and to restrict free - roaming animals, satisfactory to the Attorney for the Town, prior to Final Subdivision Approval, n. Development and submission of a plan to educate residents about the need to control pets in the Unique Natural Area and other natural areas, and to educate and communicate to residents the importance of using the public transit bus passes and vanpool services, prior to Final Subdivision Approval, o. Submission of one mylar and four dark line prints of a revised final subdivision plat, including all requirements on the Final Subdivision Checklist, and revised to PB Draft 04 -05 -2011 Page 22 of 25 show: the 10 -ft road width stated in condition "a ", a note regarding the phasing plan stated in condition "c ", the location of the proposed easements noted in condition "g ", adjusted lot lines, if necessary, and the labeling of the 11 proposed median income affordable units listed in condition "i ", a note regarding the potential future easements along the project frontage stated in condition "p ", the location and dimensions of the easements to be conveyed to the Town noted in condition "aa ", the pedestrian connection running from the sidewalk system near buildings 2 and 3 to the southern property line in the vicinity of the Candlewyck apartment complex, prior to Final Subdivision Approval, and p. As noted in the EIS and required in the Findings Statement, measures to help mitigate traffic delays associated with the Holochuck Homes Subdivision shall include: • An agreement between the Homeowners' Association and the Town that the Homeowners' Association will provide public transit bus passes and vanpool services for residents of the subdivision, with submission of a draft agreement satisfactory to the Attorney for the Town prior to the issuance of any building permits for any townhouses, and with said agreement including requirements for 0) bus passes to be provided beginning with the Homeowners' Association's first collection of fees from residents and continuing for a period of at least 10 years after a Certificate of Occupancy has been received for the last unit built, and (ii) vanpool services to be provided beginning with completion of the first 50 units and continuing for a period of at least 10 years after a Certificate of Occupancy has been received for the last unit built, • Establishment of an escrow agreement funded in the amount of $10,000 to assure that the Homeowners' Association or applicant pays a fair share contribution for any signal, roundabout, or similar traffic device at or near the northern entrance required by NYS DOT, with submission of a draft agreement satisfactory to the Attorney for the Town prior to the issuance of any building permits, • Establishment of an escrow agreement funded in the amount of $10,000 to be applied toward the expenses for a future park and ride lot on the Route 96 corridor or toward other transit - related improvements, with submission of a draft agreement satisfactory to the Attorney for the Town prior to the issuance of any building permits, • Compliance with NYS DOT requirements, including (but not limited to) the right -in only drive at the secondary access road, and the reservation of a strip of land along the NYS Route 96 frontage for a future sidewalk or other improvements envisioned for the Cayuga Medical Center node described in the Route 96 Corridor Management Study, which right -in only drive and reservation shall be shown on a revised set of plans, prior to Final Subdivision Approval, • Submission of a revised set of plans showing potential future easements along the project frontage on NYS Route 96 to be provided if needed for future transportation improvements, prior to Final Subdivision Approval, • The set aside of an area near the center of the project for a future bus stop, shown on a revised set of plans, prior to Final Subdivision Approval, PB Draft 04 -05 -2011 Page 23 of 25 q. Submission of cut sheets and details for any proposed lighting for the Subdivision, in conformance with the Town of Ithaca Outdoor Lighting Law, prior to Final Subdivision Approval, r. Upon issuance of Final Subdivision Approval, submission for signing of one original or mylar copy and three dark -line prints of the final plat by the Planning Board Chair, said plat to be filed in the Tompkins County Clerk's Office, and a copy of the receipt of filing provided to the Town of Ithaca Planning Department, prior to the issuance of any building permits, s. Submission of evidence of the necessary approvals of the Tompkins County Health Department on the final plat regarding the realty subdivision, prior to the issuance of any building permits for any townhouses, t. Completion of all roads, stormwater facilities, and required utilities, to the satisfaction of the Town of Ithaca Public Works Department, prior to the issuance of any building permits for any townhouses, u. Submission of and entry into a stormwater "Operation, Maintenance, and Reporting Agreement" between the Holochuck Homes Homeowners' Association and the Town of Ithaca, which agreement shall be satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department and shall included easements and /or deed restrictions or other legally sufficient mechanisms to assure Town of Ithaca access to all lots containing stormwater facilities, prior to issuance of any building permits for any townhouses, v. Conveyance of the +/- 65 -acre eastern parcel to the New York State Office of Parks, Recreation, and Historic Preservation or other established non - profit corporation that engages in land trust activities, prior to issuance of a Certificate of Occupancy for the first dwelling unit. Any conveyance to a non- profit corporation must contain adequate legal mechanisms to assure that the corporation will preserve the parcel, permit public access to it (except to the extent such access is detrimental to the lands or any natural resources associated with them), and allow continuation of the Black Diamond Trail along the site's eastern frontage near the shore of Cayuga Lake via a permanent easement or other permanent measure, w. Construction of the private stormwater facilities in a manner satisfactory to the Town of Ithaca Public Works Department, prior to issuance of any building permits for any townhouses, x. Submission of record of application for and proof of receipt of all necessary permits from county, state, and /or federal agencies, prior to the issuance of any certificates of occupancy for any townhouses, y. As noted in the SEIS, submission of evidence that the New York State Department of Environmental Conservation has determined that the approved Revised Remedial Action Work Plan for cleanup of- the Odd Fellows Refuse Site (Locus 1 PB Draft 04 -05 -2011 Page 24 of 25 and Locus 2), dated July 9, 2010, and any DEC - approved revisions to the Work Plan, have been completed prior to the issuance of any Certificates of Occupancy for any townhouses, z. Submission of proof of receipt of the necessary curb cut permit(s) from New York State for the accesses onto Route 96 (Trumansburg Road), prior to any site work, aa. Submission of easements or other agreements satisfactory to the Attorney for the Town necessary, to ensure ingress and egress for all of the parcels in the subdivision, to guarantee future access over any roads owned by the Homeowners' Association, to guarantee access to public roads and access to all private utilities, drainage and stormwater facilities, recreational amenities, common open space and other common or shared facilities, and to ensure that future owners and leaseholders of all parcels have full rights to use all of the above - mentioned facilities, prior to the issuance of any Certificates of Occupancy, bb. Submission of a certificate or letter signed and sealed by the mortgagee to the effect that it consents to the plat and any dedications or restrictions shown on or referred to on the plat, prior to signing of the plat by the Planning Board Chair, cc. Submission of record of approval for the water and sewer connections by the Tompkins County Health Department and by the Town of Ithaca Public Works Department, prior to construction of said facilities, dd.As required and explained in the Findings Statement, noise - related construction activities shall be limited to 7am to 7pm Monday through Friday. Work shall not be routinely scheduled for Saturdays, but will be permitted if required by extenuating circumstances, such as severe weather, subject to approval by the Director of Code Enforcement. Construction shall be prohibited between 7pm and 7am, and all day on Sundays and federal holidays, except emergency repairs (such as to stormwater facilities) will be allowed on any day, ee.Adherence to the Construction Operations procedures described in the EIS, ff. Submission of proof that the Ithaca Fire Department has reviewed final road designs and the cul -de -sac design and determined they provide satisfactory access for firefighting vehicles and equipment, prior to Final Subdivision Approval, gg. Submission of designs to the owners of existing driveways that intersect with the site entrance road to tie those driveways into the site entrance road, satisfactory to the Department of Public Works, prior to issuance of any building permits for any townhouses, hh. As required by the Findings Statement, 10% of the units (11 units if 106 units are built) shall be priced for their initial sales so they are affordable to households earning on an annual basis no more than 120% of the Tompkins County median income for their respective household sizes. Affordable shall mean no more than PB Draft 04 -05 -2011 Page 25 of 25 30% of a household's gross income is spent on mortgage principal and interest, utilities, real property taxes, homeowner's insurance and Homeowners' Association fees. For the initial sales of these units, Holochuck Homes, LLC and /or the Homeowners' Association shall verify that the households of the initial purchasers meet these income and expenditure requirements at the time of purchase, utilizing (i) the then -most current data published by the U.S. Department of Housing and Urban development regarding annual Tompkins County Household median incomes, (ii) the then -most current information regarding real property taxes, and (iii) reasonable estimates by Holochuck Homes, LLC and /or the Homeowners' Association regarding the costs for real property insurance and utilities. Prior to Final Subdivision Approval, the applicant shall submit a draft agreement, satisfactory to the Attorney for the Town, between Holochuck Homes, LLC and the Town to assure these requirements are binding on and enforceable against Holochuck Homes, LLC and the Homeowners' Association, and with the final approved agreement executed by the parties prior to issuance of any building permits for any townhouses, ii. all construction parking, staging, and storage must occur on site, and jj. the HOA will not impose blanket prohibitions on the installation of solar energy devices located on roofs by individual homeowners; BE IT FURTHER RESOLVED: That the Planning Board determines that a restriction on the number of parking spaces is not necessary in light of the other required. mitigation measures related to transportation impacts. Vote Ayes: Wilcox, Conneman, Beach, Baer, Erb Bosak Adjournment Upon motion by John Beach, the meeting adjourned at 11:17 p.m. Respectfully submitted, Debra D A4 tine Deputy T Clerk Nays: Collins, TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, April 5, 2011 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Markowitz / Brumberg 2 -Lot Subdivision, 14 & 18 Lisa Lane. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 14 and 18 Lisa Lane, Town of Ithaca Tax Parcel No.'s 71 -1 -9.5 and 71- 1 -9.6, Medium Density Residential Zone. The proposal involves subdividing off a +/- 2,063 square foot strip of land from the northern edge of 18 Lisa Lane, to be consolidated with 14 Lisa Lane. Burton S. & Tamara L. Markowitz and G. David & Joan Jacobs Brumberg, Owners /Applicants. 7:10 P.M. SEQR Determination: Shantur 2 -Lot Subdivision, 23 John Street. 7:10 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 23 John Street, Town of Ithaca Tax Parcel No. 56 -3- 13.19, Medium Density Residential Zone. The proposal involves subdividing the parcel into a +/- 0.377 acre vacant parcel and a +/- 0.415 acre parcel containing the existing house. Walid M. & Siu -Sing Shantur, Owners /Applicants. 7:20 P.M. Consideration of a sketch plan for the proposed Ithaca Waldorf School project located in a portion of the former Biggs Building at 401 Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24 -3- 2.221, Planned Development Zone No. 3 and Low Density Residential Zone. The proposal involves using the first floor of the east wing of the existing Biggs Building for the school operation, beginning in August 2011. The only exterior modifications include the addition of a play structure to the southeast of the facility and signage near the entrance. Cayuga Medical Center, Owner; Ithaca Waldorf School, Applicant; Todd Bittner, Agent. 7:45 P.M. Consideration of adoption of the Findings Statement for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24- 3 -3.2, 25- 1 -5.1, 25 -2 -41.2, 26 -4 -37, 26 -4 -38, and 26 -4 -39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The proposal involves the construction of 106 + /- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Density Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation proposes to acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner /Applicant; David M. Parks, Esq., Agent. 8:15 P.M. Consideration of Preliminary Subdivision Approval for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24- 3 -3.2, 25- 1 -5.1, 25 -2 -41.2, 26 -4 -37, 26 -4 -38, and 26 -4 -39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The proposal involves the construction of 106 + /- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Density Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation proposes to acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner /Applicant; David M. Parks, Esq., Agent. 9. Approval of Minutes: March 1, 2010, March 8, 2011, March 15, 2011, and March 22, 2011. 10. Other Business: 11. Adjournment Susan Ritter 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, pril 5, 2011 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, April 5, 2011, 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 Subdivision Approval for the proposed 2 -lot subdivision located at 14 and 18 Lisa Lane, Town of Ithaca Tax Parcel No.'s 71 -1 -9.5 and 71- 1 -9.6, Medium Density Residential Zone. The proposal involves subdividing off a +/- 2,063 square foot strip of land from the northern edge of 18 Lisa Lane, to be consolidated with 14 Lisa Lane. Burton S. & Tamara L. Markowitz and G. David & Joan Jacobs Brumberg, Owners /Applicants. 7:10 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 23 John Street, Town of Ithaca Tax Parcel No. 56- 3- 13.19, Medium Density Residential Zone. The proposal involves subdividing the parcel into a +/- 0.377 acre vacant parcel and a +/- 0.415 acre parcel containing the existing house. Walid M. & Siu -Sing Shantur, Owners /Applicants. 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. Susan Ritter Director of Planning 273 -1747 Dated: Monday, March 28, 2011 Publish: Wednesday, March 30, 2011 'Wedn sdayA March 30 2011 IrTiHE ITHACA JOURNAL Town of Ithaca Planning Board 215 North Tioga Street April 5,20117:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You Name / J, 3 To1—ti d m Address SST; -_L rbKC -,* 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, April 5 2011 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: March 28, 2011 Date of Publication: March 30, 2011 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 30`h day of March 2011. Notary Public CARRIE WHITMORE Notary Public, State of New York No, 01 W H6052877 Tioga County Commission Expires December 26, Z01 F ` Y