HomeMy WebLinkAboutPB Minutes 2011-06-07FILE
PATE Z
TOWN OF ITHACA PLANNING BOARD MEETING
Tuesday, June 7, 2011
215 N. Tioga Street, Ithaca, NY 14850
Board Members Present: Chair: Fred Wilcox; Members: George Conneman, Linda
Collins, John Beach, Ellen Baer, Jon Bosak, Hollis Erb
Staff Present: Bruce Bates, Director of Code Enforcement; Creig Hebdon, Engineer;
Deb DeAugistine, Deputy Town Clerk; Susan Brock, Director of Planning; Christine
Balestra, Planner; Mike Smith, Planner; Susan Brock, Attorney for the Town
Call to Order
Mr. Wilcox called the meeting to order at 7:00 p.m. and accepted the secretary's posting
of the public hearing notices.
AGENDA ITEM
Persons to be heard
No one came forward to address the Board.
AGENDA ITEM
SEQR Determination: EcoVillage Solar Array, FROG Neighborhood, Rachel Carson Way.
Two gentlemen representing EcoVillage were present to give an overview of the project and to
answer questions. The ground -mount solar array containing 224 solar modules will be located off
Helen's Way on a piece of unused land and hooked up to the grid. They plan to do this work over
the summer, pending approvals. Updated drawings were passed out to the Board and staff that
contain: 1) an aerial photo of the site plan showing the FROG neighborhood and the location of
the four arrays and 2) a closer look at the four arrays on the property showing the particulars of
what they propose to do.
Mr. Wilcox commented that the arrays are in a different configuration, but in the same general
location as in the original plan.
The representative responded that they had to make some adjustments based on utility setbacks.
There was a discussion about the 4000 square feet of impervious surface of the solar panels.
They sit three to nine feet in the air. There are gaps between the panels, so some rain will fall to
the pervious surface underneath, but a lot will first hit the glass, then run off onto the ground.
Ms. Ritter suggested adding language to the SEQR to say that a certain amount of grading will
occur and that erosion and sedimentation control measures will be installed.
PB Resolution No. 2011 -047: SEQR, Preliminary and Final Site Plan Approval, EcoVillage
Solar Array, FROG Neighborhood, Tax Parcel No.'s 28. -1- 26.22, 28. -1- 26.84, 28. -1- 26.82,
Rachel Carson Way
Moved by Hollis Erb; seconded by Linda Collins
WHEREAS:
PB Minutes 06 -07 -2011
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This action involves consideration of Preliminary and Final Site Plan Approval for the
proposed photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located
along an existing drive, approximately 300 feet east of the FROG Neighborhood, Town of
Ithaca Tax Parcel No.'s 28. -1- 26.22, 28. -1- 26.84, and 28. -1- 26.82, Planned Development
Zone No. 8 (EcoVillage). The proposal involves installing a solar photovoltaic array composed
of approximately 224 photovoltaic panels to serve 30 residences at EcoVillage. The array will
be divided into four equal sections and will total approximately 4,000 square feet (307 feet
wide, 12 feet deep, and 10 feet tall). EcoVillage at Ithaca, Inc. Owner /Applicant; Jeff Gilmore,
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 June 7, 2011, has reviewed and accepted as adequate a Short
Environmental Assessment Form Part I, submitted by the applicant, a Part II prepared by
Town Planning staff, an application package entitled "Ecovillage at Ithaca Solar PV project for
Frog Neighborhood," date stamped May 5, 2011, a drawing labeled "Ecovillage at Ithaca —
Frog Solar Project Layout," dated June 7, 2011, a drawing titled "Array Layout and Trenching
Path," dated March 6, 2011 and revised May 26, 2011, 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.
Vote:
Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Collins, Erb
AGENDA ITEM
Public Hearing: Consideration of Preliminary and Final Site Plan Approval for the proposed solar
photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located approximately 300
feet east of the FROG Neighborhood along an existing gravel drive, Town of Ithaca Tax Parcel
No.'s 28 -1- 26.22, 28 -1 -26.84 and 28 -1- 26.82, Planned Development Zone No. 8. The proposal
involves installing approximately 224 photovoltaic panels to serve 30 residences at EcoVillage.
The array will be divided into four equal sections and will total approximately 307 feet wide, 12
feet deep, and 10 feet tall. EcoVillage at Ithaca, Inc., Owner /Applicant; Jeff Gilmore, Agent.
Mr. Wilcox opened the public hearing at 7:13 p.m. He pointed out that the project involves
properties owned by three different legal entities. He asked Ms. Brock whether agreements or
easements would be necessary.
Ms. Brock responded that the parcel containing the solar array is owned by a not - for - profit
corporation called EcoVillage at Ithaca Inc, a small sliver of the parcel where the electrical line will
cross the first parcel to the one that contains residences is owned by EcoVillage at Ithaca Village
Association, and the residential neighborhood parcel is owned by EcoVillage Co- Housing
Cooperative Inc. Easements will be needed to assure that the owner of the array and facilities
PB Minutes 06 -07 -2011
Page 3 of 6
has the right to have these facilities on the other property that they don't own and the right to
access any part of the facilities for maintenance, repair, and replacement. She noted that Mr.
Goodman is drafting easements, so the Planning Board will need to specify conditions.
Ms. Brock also noted that the applicants will seek an amendment to their PDZ since the current
PDZ doesn't allow the array as a principal use. They will need to either have the PDZ amended or
seek variances for the array.
Mr. Bosak asked why the array will have a 30- degree (summer) orientation all year as opposed to
a 45- degree orientation. He pointed out that snow won't come off at that angle.
The gentleman responded that there's no more solar production in summer, just longer days.
That orientation is the most efficient for total production over the course of a year. It's the way
they're being installed now — you get more power overall.
Mr. Wilcox closed the public hearing at 7:23 p.m.
PB Resolution No. 2011 -048: Preliminary and Final Site Plan Approval, EcoVillage Solar
Array, FROG Neighborhood, Tax Parcel No.'s 28.-l-26.22, 28. -1- 26.84, 28. -1- 26.82, Rachel
Carson Way
Moved by Ellen Baer; seconded by John Beach
WHEREAS:
1. This action involves consideration of Preliminary and Final Site Plan Approval for the
proposed photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located
along an existing drive, approximately 300 feet east of the FROG Neighborhood, Town of
Ithaca Tax Parcel No.'s 28. -1- 26.22, 28. -1- 26.84, and 28. -1- 26.82, Planned Development
Zone No. 8 (EcoVillage). The proposal involves installing a solar photovoltaic array
composed of approximately 224 photovoltaic panels to serve 30 residences at EcoVillage.
The array will be divided into four equal sections and will total approximately 4,000 square
feet (307 feet wide, 12 feet deep, and 10 feet tall). EcoVillage at Ithaca, Inc. Owner /Applicant;
Jeff Gilmore, Agent; and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an
uncoordinated environmental review with respect to the project has, on June 7, 2011, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a
Part II prepared by Town Planning staff; and
3. The Planning Board, at a Public Hearing held on June 7, 2011, has reviewed and accepted as
adequate a Short Environmental Assessment Form Part I, submitted by the applicant, a Part
II prepared by Town Planning staff, an application package entitled "Ecovillage at Ithaca Solar
PV project for Frog Neighborhood," date stamped May 5, 2011, a drawing labeled "Ecovillage
at Ithaca — Frog Solar Project Layout," dated June 7, 2011, a drawing titled "Array Layout and
Trenching Path," dated March 6, 2011 and revised May 26, 2011, and other application
materials; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary
and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists,
PB Minutes 06 -07 -2011
Page 4 of 6
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 photovoltaic array for the FROG Neighborhood at EcoVillage at
Ithaca, Town of Ithaca Tax Parcel No.'s 28. -1- 26.22, 28. -1- 26.84, and 28. -1- 26.82, Planned
Development Zone No. 8 (EcoVillage), as described in the drawings entitled "Ecovillage at
Ithaca Solar PV project for Frog Neighborhood," date stamped May 5, 2011, subject to the
following conditions:
a. Granting of any necessary variances from the Town of Ithaca Zoning Board of Appeals
and /or approval of amendments to the language for Planned Development Zone No.8
(EcoVillage) from the Town of Ithaca Town Board that negate the need for variances, and
b. Obtaining of the necessary building permit from the Code Enforcement Office, and
c. Submission of record of application for and proof of receipt of all necessary permits from
any county, state, and /or federal agencies, prior to issuance of any final electrical
certificates, and
d. Submission and filing of easements satisfactory to the Attorney for the Town assuring that
all components of the solar photovoltaic array facility (including lines transmitting
electricity to the EcoVillage residences) are allowed to be located on the various parcels
shown on the approved site plan, and further assuring access to all facility components by
its owner for purposes of maintenance, repair, and replacement, prior to issuance of any
building permits, and
e. Submission of a grading plan and sedimentation and erosion control plan, approved by
the public works department, prior to issuance of any building permits.
Vote:
Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Collins, Erb
AGENDA ITEM
Public Hearing: Consideration of a recommendation to the Town of Ithaca Town Board regarding a
local law amending the Zoning Chapter of the Town of Ithaca Code to revise the definition of garage
and to revise yard, area, location, and height requirements related to garages.
Mr. Wilcox opened the public hearing at 7:30 p.m.
Mr. Bates explained the reason this local law is before the Board. The definitions of garages and
accessory buildings are sometimes interchanged, and it can be difficult for the applicant to figure
out the difference. The amended law is an attempt to clarify definitions and uses. There's also the
issue of people trying to put garages in places as principal buildings. At what point does a
building become an accessory building and not a garage? The amendment also deals with
setback requirements.
Mr. Bosak expressed confusion about the definitions under the proposed "Fs" that place a
maximum distance a garage can be built from the front property line. This would mean that if a
house sits 200 feet from the front property line, a person will not be allowed to put a garage in the
backyard. Ms. Erb agreed that it makes no sense to limit the depth of the driveway from the front
property line since we're trying these days to hide garages.
PB Minutes 06 -07 -2011
Page 5 of 6
Bruce Brittain, 135 Warren Road, suggested that the purpose was to make the setback for the
garages the same as the setback for the houses. He thinks setbacks should be defined for all
property lines for all zones, and provided a handout (Attachment 1) to Board members with
suggested language.
Mr. Wilcox reminded the Board that their job is not to rewrite the law, but to make a
recommendation to the Town Board. The recommendation can be to send the law back to the
COC to fix identified flaws.
Ms. Erb wondered why there is a maximum square footage for a garage in the conservation zone,
while in the other zones, the size limit is a percentage of the backyard space. If there's a large
back yard, a person could build a very large garage. She asked whether the 1000 - square -foot
provision for a conservation zone is analogous to the square- footage limit for other zones.
Mr. Bates responded that in a conservation zone, they wanted to limit the size to retain open
space. In other zones, a person might buy a bigger parcel in order to put in a larger garage.
Mr. Bosak stated that he would not be able to vote in favor of the resolution recommending the
Town Board adopt the law, because the issues the Planning Board has raised go way beyond
minor corrections. He would like to recommend that the law go back to the COC for revisions,
then back to the Planning Board for review.
After discussion, it was agreed that the resolution would be amended to recommend the Town
Board send the law back to COC for rework on specific problems listed.
Mr. Wilcox closed the public hearing at 7:50 p.m.
PB Resolution No. 2011 -049: Recommendation to the Town Board Regarding a Proposed
Local Law Amending The Zoning Chapter of the Town of Ithaca Code To Revise The
Definition of Garage and Yard, Area, Location, and Height Requirements Related to
Garages
Moved by Jon Bosak; seconded by Hollis Erb
WHEREAS: The Town of Ithaca Codes and Ordinances Committee has drafted a proposed local
law "Amending The Zoning Chapter Of The Town of Ithaca Code To Revise The Definition Of
Garage And Yard, Area, Location, And Height Requirements Related To Garages," for the Town
Board's consideration; and
WHEREAS: The purpose of this local law is to clarify and expand the elements of the garage
provisions, due to interpretation problems that the current provisions pose for Code Enforcement
staff; and
WHEREAS: The proposed amendments would include an expanded definition for garage, along
with revisions to the yard, area, location, and height requirements for garages in the Conservation
Zone and all Residential Zones in the Town; and
WHEREAS: The Town Board has referred the proposed local law to the Planning Board and
Zoning Board of Appeals for review and recommendations; and
WHEREAS: The Town of Ithaca Planning Board held a public hearing on this matter and has
reviewed and discussed this proposed local law at its meeting on June 7, 2011;
PB Minutes 06 -07 -2011
Page 6 of 6
NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby
recommends that the Town Board refer the proposed Local Law "Amending The Zoning Chapter
Of The Town Of Ithaca Code To Revise The Definition Of Garage And To Revise Yard, Area,
Location, And Height Requirements Related To Garages" back to the Codes and Ordinances
Committee to address the following concerns: removal of the maximum setback from the front
property lines in all zones and the addition of rear lot setbacks for all garages.
Vote:
Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Collins, Erb
AGENDA ITEM
PB Resolution No. 2011 -050: Minutes of May 17, 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 May 17, 2011; now, therefore, be it
RESOLVED, that the Town of Ithaca Planning Board approves the minutes to be the final minutes
of the meeting of May 17.
Vote
Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Collins, Erb
AGENDA ITEM
Other Business
Mr. Wilcox mentioned that the Planning Board (among others) is named on a notice of intent to
file claim. It's a housing discrimination lawsuit that claims an illegal vote of the Planning Board for
participating to remove the claimant from the EcoVillage Tree residence. The claimant is suing
everyone for $1 million apiece. Ms. Ritter will email a copy to the Planning Board members.
Ms. Brock and Mr. Conneman brought to the Board's attention a new project proposed by Cornell
for workforce housing adjacent to Eastwood Commons. The project might be coming before the
Planning Board. As president of the Eastwood Commons Association, Mr. Conneman wanted to
eliminate any suspicion of a conflict of interest by assuring the Board that he has not learned
anything about the project the rest of the Board is not privy to. He provided the Planning Board
with a letter (Attachment 2) he wrote to John Gutenberger from Cornell, stating everything he
knows about the project.
Adjournment
Upon motion by Ellen Baer, the meeting adjourned at 8:15 p.m.
Respectfully submitted,
62A-LL
(Debra DeAugi ne _Deputy ow Clerk
ne: t.onversation with ueorge Conneman
Re: Conversation with George Conneman
John Gutenberger
Sent: Wednesday, May 25, 201110:37 AM
To: Diane K Conneman
Diane and George,
I made a couple of tweaks and corrected the price range that I gave when we chatted.
Gutie
On May 23, 2011, at 8:49 PM, Diane K Conneman wrote:
Dear John,
Page 1 of 2
George asked me to type his notes from your conversation today and send them to you for
verification. He does email but his typing is slow so I get drafted to help from time to time.
Diane Conneman
From George:
Thanks for talking with me today ( 5/23/11) about Cornell's proposed workforce housing
adjacent to Eastwood Commons Residents Association. Below are my notes which I would
appreciate it if you could verify that I have everything correct.
CU bought the property for workforce or affordable housing. They put out a RFP and
received several proposals. One developer who will partner with Ithaca Neighborhood
Housing Services was selected.
The proposed partnership between the developer and INNS is in the hands of their lawyers
The developer will present a sketch plan to the Town of Ithaca for 65+ units or whatever
zoning will allow.
The project could look something like Eco- Village — sustainable.
There will be information meetings for the East Hill Neighborhood on the proposal.
Specifics include:
• No new roadway system but an entry off Honness.
• Affordable housing is to sell for $140,000 to $225,000 range
• Not intended for student housing
John C. Gutenberger
Senior Director
Community Relations
110 Day Hall
Cornell University
Ithaca, NY 14853 -2801
https: //excha.nge.comell.edu/owa/ ?ae= Item &t = IPM. Note &id= RgAAAAAcaK9KEfsfQ5xl... 5/26/2011
TOWN OF ITHACA PLANNING BOARD
215 North Tioga Street
Ithaca, New York 14850
Tuesday, June 7, 2011 ..
AGENDA
7:00 P.M. Persons to be heard (no more than five minutes).
7:05 P.M. SEQR Determination: EcoVillage Solar Array, FROG Neighborhood, Rachel Carson Way.
7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the
proposed solar photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located
approximately 300 feet east of the FROG Neighborhood along an existing gravel drive, Town
of Ithaca Tax Parcel No.'s 28 -1- 26.22, 28 -1 -26.84 and 28 -1- 26.82, Planned Development Zone
No. 8. The proposal involves installing approximately 224 photovoltaic panels to serve 30
residences at EcoVillage. The array will be divided into four equal sections and will total
approximately 307 feet wide, 12 feet deep, and 10 feet tall. EcoVillage at Ithaca, Inc.,
Owner /Applicant; Jeff Gilmore, Agent.
7:20 P.M. SEQR Determination: Franziska Racker Centers' Temporary Day Care Facility, 1229
Trumansburg Road.
7:20 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the
proposed Franziska Racker Centers' temporary day care facility located at Cayuga Ridge, 1229
Trumansburg Road (NYS Route 96), Town of Ithaca Tax Parcel No. 26 -4 -46.1, Medium
Density Resid i .MTh posal i Ives occupying the currently unused third floor of
the western mo Wbn 1 s r up to 14 children. The
day care progra d If
y et Cable (proximately one year
while the building that normal y houses t e Franziska Racker Centers day care program
undergoes asbestos remediation. Cayuga Ridge, Owner; Franziska Racker Centers, Inc.,
Applicant; Daniel R. Brown, Associate Executive Director, Agent.
7:30 P.M. PUBLIC HEARING: Consideration of a recommendation to the Town of Ithaca Town
Board regarding a local law amending the Zoning Chapter of the Town of Ithaca Code
to revise the definition of garage and to revise yard, area, location, and height
requirements related to garages.
7. Approval of Minutes: May 17, 2011
8. Other Business:
9. 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, June 7, 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, June 7, 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 Site Plan Approval for the proposed solar
photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located
approximately 300 feet east of the FROG Neighborhood along an existing gravel drive,
Town of ' Ithaca Tax Parcel No.'s 28 -1- 26.22, 28 -1 -26.84 and 28 -1- 26.82, Planned
Development Zone No. 8. The proposal involves installing approximately 224
photovoltaic panels to serve 30 residences at EcoVillage. The array will be divided into
four equal sections and will total approximately 307 feet wide, 12 feet deep, and 10 feet
tall. EcoVillage at Ithaca, Inc., Owner /Applicant; Jeff Gilmore, Agent.
7:20 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed Franziska
Racker Centers' temporary day care facility located at Cayuga Ridge, 1229 Trumansburg
Road (NYS Route 96), Town of Ithaca Tax Parcel No. 26 -4 -46.1, Medium Density
Residential Zone. The proposal involves occupying the currently unused third floor of
the western most building (closest to Route 96) for a day care center for up to 14
children. The day care program would be temporarily located at Cayuga Ridge for
approximately one year while the building that normally houses the Franziska Racker
Centers' day care program undergoes asbestos remediation. Cayuga Ridge, Owner;
Franziska Racker Centers, Inc., Applicant; Daniel R. Brown, Associate Executive
Director, Agent.
7:30 P.M. Consideration of a recommendation to the Town of Ithaca Town Board regarding a local
law amending the Zoning Chapter of the Town of Ithaca Code to revise the definition of
garage and to revise yard, area, location, and height requirements related to garages.
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: Friday, May 27, 2011
Publish: Wednesday, June 1, 2011
Wednesday, June 1, 2011 THE ITHACA JOURNAL
Name
Town of Ithaca
Planning Board
215 North Tioga Street
June 7, 20117:00 p.m.
PLEASE SIGN -IN
Please Print Clearly, Thank You
Address
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, June 7, 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: May 27, 2011
Date of Publication: June 1, 2011
:5,� Qg.L�
Sandra Polce, Senior Typist
Town of Ithaca
STATE OF NEW YORK) SS:
COUNTY OF TOMPKINS)
Sworn to and subscribed before me this Is' day of June 2011.
Notary Public
CARRIE WHITMORE
Notary Public, State of New York
No. 01 WH6052877
Tioga County
Commission Expires December 26,�G�
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