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HomeMy WebLinkAboutPB Minutes 2011-11-01FILE DATE TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, November 1, 2011 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Fred Wilcox (Chair), George Conneman, John Beach, Ellen Baer, Jon Bosak, David Slottje, Hollis Erb Staff Present: Susan Ritter, Director of Planning; Bruce Bates, Director of Code Enforcement; Deb DeAugistine, Deputy Town Clerk; Dan Thaete, Engineer; Susan Brock, Attorney for the Town Call to Order Mr. Wilcox called the meeting to order at 7:02 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 SEAR Determination: Ithaca College Compost Facility Modification, 123 Farm Pond Road Mr. Couture explained that they had originally included the roof as an add -on to the project, which was approved. Since then, they've decided that the initial use they had in mind for that particular area outside the building is no longer applicable. They want to modify the site plan approval because they don't want to put the roof on. Now they plan to store recycling and garbage containers on the pad. There are no other changes to the project. To a question from Mr. Bates, Mr. Couture said the containers are cleaned before they are put outside. Mr. Wilcox noted that he did not like all the tires outside, but that the site is well screened by vegetation. PB Resolution No. 2011 -091: SEAR, Preliminary and Final Site Plan & Special Permit (Modif.), Ithaca College — Compost Building to Storage Use, Tax Parcel No. 41 -1 -30.2 Moved by Hollis Erb; seconded by John Beach WHEREAS: This action is consideration of Preliminary and Final Site Plan Approval and Special Permit from the Town of Ithaca Planning Board for the proposed modification to the Ithaca College Compost Building conversion project located at 123 Farm Pond Road on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1 -30.2, Medium Density Residential Zone. The original project involved converting the existing compost building into an unheated storage facility for maintenance materials and equipment. The modification will eliminate the proposed new roof structure on the north side of the building. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President for Facilities, Agent, and Planning Board Minutes 11 -01 -2011 Page 2 of 11 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in an environmental review with respect to Site Plan Approval and Special Permit, and 3. The Planning Board, on November 1, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, drawings titled "Proposed Compost Facility Renovations — Existing Photographs" (sheets 1 and 2) and "Proposed Compost Facility Renovations" (sheets 3 6), all dated August 31, 2011, prepared by John Snyder Architects, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval and Special Permit; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. Vote: Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Slottje, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed modification to the Ithaca College Compost Building conversion project located at 123 Farm Pond Road on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1 -30.2, Medium Density Residential Zone. The original project involved converting the existing compost building into an unheated storage facility for maintenance materials and equipment. The modification will eliminate the proposed new roof structure on the north side of the building. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President for Facilities, Agent Mr. Wilcox opened the public hearing at 7:08 p.m. Mr. Slottje asked why a special permit is required. Ms. Ritter explained that it's an educational use in a residential zone. Until the Town has an institutional zone for IC and Cornell, special permits will be required for any educational uses. Mr. Wilcox closed the public hearing at 7:09 p.m. PB Resolution No. 2011 -092: Preliminary and Final Site Plan & Special Permit (Modif.), Ithaca College — Compost Building to Storage Use, Tax Parcel No. 41 -1 -30.2 Moved by George Conneman; seconded by Hollis Erb WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit from the Town of Ithaca Planning Board for the proposed modification to the Ithaca College Compost Building conversion project located at 123 Farm Pond Road on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1 -30.2, Medium Density Residential Zone. The Planning Board Minutes 11 -01 -2011 Page 3 of 11 original project involved converting the existing compost building into an unheated storage facility for maintenance materials and equipment. The modification will eliminate the proposed new roof structure on the north side of the building. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President for Facilities, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in an environmental review with respect to the project has, on November 1, 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 a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on November 1, 2011, has reviewed and accepted as adequate, drawings titled "Proposed Compost Facility Renovations — Existing Photographs" (sheets 1 and 2) and "Proposed Compost Facility Renovations" (sheets 3 — 6), all dated August 31, 2011, prepared by John Snyder Architects, and other application materials, NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the proposed modification to the Ithaca College Compost Building conversion project, finding that the standards of Article XXIV Section 270 -200, Subsections A — L, of the Town of Ithaca Code, have been met, AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed modification to the Ithaca College Compost Building conversion project, located at 123 Farm Pond Road on the Ithaca College campus, as described on the drawings listed above, subject to the following conditions: a. submission of details regarding the proposed relocated outdoor light fixtures to show conformance with the Town's Outdoor Lighting Law (Chapter 173), or submission of cut sheets or other details for a different outdoor lighting fixture that complies with the Outdoor Lighting Law, for review and approval of the Director of Planning, prior to the relocation or replacement of any outdoor lighting, and b. submission of one set of the final revised site plan drawings on mylar, vellum, or paper, signed and sealed by the registered land surveyor, engineer, architect, or landscape architect who prepared the site plan material, prior to the issuance of a building permit, and c. submission of a revised Sheet 1 drawing titled "Proposed Compost Facility Renovations — Existing Photographs" to show the correct labeling of the three photographs (from left to right they should be: Northwest Corner of Building, West Elevation of Building, and Southeast Corner of Building), prior to issuance of a building permit. Vote: Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Slottje, Erb Planning Board Minutes 11 -01 -2011 Page 4 of 11 AGENDA ITEM SEOR Determination: Longview Patio Homes, Bella Vista Drive (off Danby Road) Mark Macera, applicant, and David Schopfer, architect, were present. Mr. Macera mentioned that he and Mr. Wilcox are distant cousins, but said he did not think this affects any considerations by the Board. He gave a brief history of Ithacare. They were located 20 -plus years ago in the old hospital on South Quarry Street, an older building with failing mechanical systems and inadequate space to expand programs residents needed. So the board got involved in a long- term strategic plan that envisioned a comprehensive range of both housing and supportive and assistive services. Phase I consisted of replacement and expansion of the physical plant, which marked the beginning of Longview. Phase II was built to nursing home code to ultimately provide skilled nursing and rehabilitation services 24/7. In the meantime, that building is being used as an assisted - living facility providing enhanced services. The broader plan included providing more independent housing options. In focus groups and feasibility studies, this included independent, free - standing housing. With the completion of the expanded Longview and the enhanced services, the patio homes project is now the focus. They're proposing freestanding duplexes that will permit people who are interested in a continuum of care and are interested in the Longview community, but who are not ready for services yet, to move in and age in place, moving to the other facilities as support needs increase. This will prevent having to break up couples who need different levels of care. They would like to rezone the property and incorporate it into the PDZ. This is the last phase of this strategic development; there are no other plans for this development. Mr. Schopfer stated that Longview controls two parcels. The existing facility is 28 acres; the second is 6.1 undeveloped acres. The existing facility is accessed from a single curb cut on 96B. All circulation exists on site. The six -acre parcel is zoned HDR and is proposed to be rezoned for the PDZ. The parcel is oddly shaped: it has a 75- foot -wide throat that comes up to 96B. The site drops 70 to 75 feet. from the southeast to the northwest, with the bulk of the drop in the first 50% of the site. It flattens out in the westerly section, which they've targeted for the project. 3.5 acres is brush, the remainder is heavily treed. They want to extend the Longview parcel road as a 22- foot -wide access road into an 18- foot -wide loop road that goes around the develop ment..They've worked with IPD to develop a road that will afford them access into and around the site. The homes will all be on the six -acre parcel. The pump house will be on the Longview parcel; easements will be required for the utilization of this 1.25 acres. There will be 11 duplexes consisting of 22 two - bedroom, two - bathroom apartments, each with an enclosed garage for a single car and a 20- foot -wide driveway (minimum). An asphalt pedestrian sidewalk will go around the development. The landscape plan calls for rain gardens, which are part of the stormwater plan, and diversion swales and pathways that are taking most of the water naturally via sheet drainage down to the retention ponds. The development will be ringed with site lighting. Each unit will be sprinkled to a residential level. There are two color schemes: the type -1 coloration shown on the elevations of the duplexes will be for the outer ring and the type -2 for the units in the inner core. The homes will have asphalt shingles with vinyl siding. To a question from Mr. Slottje, Mr. Macera verified that the new parcel and existing Longview parcel will be of common ownership, but will still require easements. The parcels will not be consolidated, and the existing parcel will provide services to the new development. Also at issue is financing: one property is providing a mortgage to the other. Susan Brock noted for the record that 15 years ago, she was in practice at a law firm that represented Ithacare when they were sued, before the development of the Longview Community, over the issue of the placement of the current building and the impact on the views. The Town was sued and Ithacare intervened in the suit on the side of the Planning Board to support their Planning Board Minutes 11 -01 -2011 Page 5 of 11 decision. The Planning Board at that time made a negative determination of environmental significance, but the judge found that there was a potential for significant impact. As a result, Ithacare prepared a Full EAS, and the project came back to the Planning Board, went back through the process, and received the necessary approvals. Ms. Brock stated that this does not affect her ability to be impartial, and pointed out that Ithacare and the Town were on the same side in the lawsuit. The Board went through the ERC comments. Mr. Wilcox said he didn't understand their comment on steep slopes since there are no steep slopes in the project. He also stated that he is not aware of any wetlands on the property. Mr. Erb said their comment regarding additional access coming from the Route 96B via the tongue was a bad idea: adding access would add impervious surfaces and the tongue is on the steepest slope of the parcel. Mr. Wilcox stated that the Board likes a secondary access in case of emergency, but the fact that the units are sprinklered alleviates the concern. Mr. Macera added that when they subdivided, they kept that tongue for that specific purpose. They then worked with the fire department to alleviate their concerns by changing the specs on the road access, modifying from a cul -de -sac to the modified U, and adding sprinklers. It was agreed that comments regarding runoff will be addressed with the SWIPPS. There was discussion regarding the document in the packet Town Board provided for comments. Mr. Bosak had an issue with formally referencing the document in the resolution since it doesn't have an identifier or a date. It was agreed that the document should be date stamped November 1, 2011, and identified as "a document proposing blue -lined changes to Town Code §271 -8 titled "Planned Development Zone No. 7 (Limited Mixed Use, Ithacare) "." (See Attachment #1.) PB Resolution No. 2011 -093: SEAR, Preliminary Site Plan and a Recommendation to the Town Board Regarding the Proposed Rezoning, Longview Patio Homes, Tax Parcel No.'s 39 -1 -1.31 and 39 -1 -3.2 Moved by Hollis Erb; seconded by John Beach WHEREAS: 1. This action is consideration of Preliminary Site Plan Approval for the proposed Longview Patio Homes project located off Bella Vista Drive to the south of the existing Longview, an Ithacare Community development, Town of Ithaca Tax Parcel No.'s 39 -1 -3.2 and 39 -1 -1.31, High Density Residential Zone and Planned Development Zone No. 7. The proposal involves the development of 11 duplexes (22 total rental units) on a new access drive from Bella Vista Drive for independent senior living. The proposal will also involve new walkways, stormwater facilities, outdoor lighting, utilities, and landscaping. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of Tax Parcel 39 -1 -3.2 from High Density Residential to Planned Development Zone No. 7. Ithacare Center Service Company, Inc., Owner /Applicant; Mark A. Macera, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoordinated environmental review with respect to the project, and Planning Board Minutes 11 -01 -2011 Page 6 of 11 3. The Planning Board, on November 1, 2011, has reviewed and accepted as adequate a Long Environmental Assessment Form (LEAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, drawings included in a bound packet titled "Preliminary Site Plan Submission, Longview Independent Senior Patio Homes ", dated 09 -15 -11 and revised 10- 14 -11, prepared by Schopfer Architects, LLP and Dunn & Sgromo Engineers, and a document proposing blue -lined changes to Town Code §271 -8 titled "Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)," date stamped November 1, 2011, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed project; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, based on the information in the LEAF Part I and for the reasons set forth in the LEAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. Vote: Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Slottje, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary Site Plan Approval for the proposed Longview Patio Homes project located off Bella Vista Drive to the south of the existing Longview, an Ithacare Community development, Town of Ithaca Tax Parcel No.'s 39 -1 -3.2 and 39 -1 -1.31, High Density Residential Zone and Planned Development Zone No. 7. The proposal involves the development of 11 duplexes (22 total rental units) on a new access drive from Bella Vista Drive for independent senior living. The proposal will also involve new walkways, stormwater facilities, outdoor lighting, utilities, and landscaping. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of Tax Parcel 39 -1 -3.2 from High Density Residential to Planned Development Zone No. 7. Ithacare Center Service Company, Inc., Owner /Applicant; Mark A. Macera, Agent Mr. Wilcox opened the public hearing at 8:14 p.m. Mr. Wilcox pointed out that the sidewalk layout is asking people to cross the street twice. He said this doesn't bother him since it's a cul -de -sac, but noted that it was cited in the County letter. Mr. Schopfer stated that this was done to protect the back yards of the units in the middle. Regarding access on foot from the units to the main building, Mr. Schopfer stated that there will be a crosswalk that leads to a sidewalk on the other side. It was explained that every back yard, with the exception of the center units, will face a forever wild area. All units will have paved patios. The pump station was discussed. Mr. Bosak pointed out that Condition j calls for the applicant to submit an emergency plan dealing with power and sewer pump failure to Public Works, and that he'd like the Board to see the details also. Planning Board Minutes 11 -01 -2011 Page 7 of 11 Mr. Macera stated that during such emergencies, they call a septic company, who comes on a regular basis to empty it. Ms. Erb said that the issue is knowing when to call the company. The emergency light should be in the main building where it can be seen, not hidden in a janitor's closet. Mr. Schopfer said he will submit a reasonable plan to accommodate an emergency. Mr. Bosak stated that he wants to see provisions for power outages lasting a week or two caused by, say, a massive ice storm. Under those conditions, they're not getting gasoline, not getting diesel, and not getting the truck out. In that case, the units would be uninhabitable. A massive ice storm can really happen, and he'd like to see details of how they intend to cope with that sort of emergency, and calling someone else in is not enough. Mr. Wilcox asked what level of catastrophe the applicant needs to prepare for. If Mr. Bosak's scenario came true, half the units in Ithaca would be uninhabitable -- Commonland Community, for example. Mr. Bosak responded that those developments are not in front of the Board. No one has to build in a place that requires pumping sewage uphill. He said that it is part of the Planning Board's obligation to make sure units are not built that are engineered to be very fragile in the face of problems the Board can see coming. Mr. Wilcox suggested a reasonable plan to accommodate an emergency. Mr. Schopfer stated that he will demonstrate that the system will have dual pumps and a backup generator, and that he will try to get the emergency light in a location that is staffed. Mr. Macera added that the scenario Mr. Bosak outlined will have no solution. Mr. Bosak responded that if that's the case, people who are renting these units should know that. Ms. Erb stated that she doesn't want to see the pump house -- she wants landscaping. The applicant stated that that is not a problem. Ms. Erb said that she thinks the units are beautiful, but that there's too little variety. She suggested changing something -- the colors, the garages, the garage doors -- to add variety. Mr. Wilcox stated that he would agree, but that only the renters will see the units. Ms. Erb responded that the Board has been asking this of other applicants. Mr. Wilcox said this should be considered only a suggestion. Mr. Conneman agreed with Ms. Erb. Mr. Macera said they will look into it. Mr. Bosak asked why the property needs to be rezoned if the current zoning allows 22 dwelling units. What about the proposal can the applicant not do under the current zoning? Ms. Ritter explained that these are rental units. Without rezoning, Longview would get 22 different tax bills. HDR doesn't allow clustering. The current zoning had too many barriers to what they want to do and made it more complicated. Joel Harlan spoke in favor of the project. Mr. Wilcox closed the public hearing at 8:51 p.m. The Board made revisions and added conditions to the resolution. Planning Board Minutes 11 -01 -2011 Page 8 of 11 PB Resolution No. 2011 -094: Preliminary Site Plan and a Recommendation to the Town Board Regarding the Proposed Rezoning, Longview Patio Homes Tax Parcel No.'s 39 -1 -1.31 and 39 -1 -3.2 Moved by Hollis Erb; seconded by George Conneman WHEREAS: This action is consideration of Preliminary Site Plan Approval for the proposed Longview Patio Homes project located off Bella Vista Drive to the south of the existing Longview, an Ithacare Community development, Town of Ithaca Tax Parcel No.'s 39 -1 -3.2 and 39 -1 -1.31, High Density Residential Zone and Planned Development Zone No. 7. The proposal involves the development of 11 duplexes (22 total rental units) on a new access drive from Bella Vista Drive for independent senior living. The proposal will also involve new walkways, stormwater facilities, outdoor lighting, utilities, and landscaping. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of Tax Parcel 39 -1 -3.2 from High Density Residential to Planned Development Zone No. 7. Ithacare Center Service Company, Inc., Owner /Applicant; Mark A. Macera, 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 November 1, 2011, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Long Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on November 1, 2011, has reviewed and accepted as adequate, drawings included in a bound packet titled "Preliminary Site Plan Submission, Longview Independent Senior Patio Homes ", dated 09 -15 -11 and revised 10-14 - 11, prepared by Schopfer Architects, LLP and Dunn & Sgromo Engineers, and a document proposing blue -lined changes to Town Code §271 -8 titled "Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)," date stamped November 1, 2011, and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the Longview Patio Homes project located off Bella Vista Drive, as described in the bound packet of drawings titled "Preliminary Site Plan Submission, Longview Independent Senior Patio Homes ", dated 09 -15 -11 and revised 10- 14 -11, prepared by Schopfer Architects, LLP and Dunn & Sgromo Engineers, subject to the following conditions: a. approval by the Town Board of the concept and locations of the water mains and the associated easements, following the recommendation of the Town's Public Works Committee, prior to Final Site Plan Approval, and b. approval by the Town Board of the changes to Planned Development Zone No. 7 for this project, prior to Final Site Plan Approval, and c. submission of the final Stormwater Pollution Prevention Plan and associated drawings, for review and approval by the Town of Ithaca Public Works Department, prior to Final Site Plan Approval, and Planning Board Minutes 11 -01 -2011 Page 9 of 11 d. submission of draft water main easements, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to Final Site Plan Approval, and e. submission of construction details of all proposed structures, roads, water /sewer facilities, stormwater management, and other improvements, including all items outlined in the letter from Dan Thaete to the Planning Board dated 10/25/11, prior to Final Site Plan Approval, and f. submission of additional cut sheets or other details showing that the proposed wall sconce (L -2 on Sheet L1.5) meets the Town's Outdoor Lighting Law (Chapter 173 of the Town Code) and includes shielding, or submission of cut sheets or other details of an alternative fixture that complies with the Outdoor Lighting Law, prior to Final Site Plan Approval, and g. submission of a plan showing the location of any existing large trees (larger than 12" +/- DBH) on the property, and efforts to preserve as many of these large trees as possible during construction, prior to Final Site Plan Approval, and h. submission of draft road access easements for the use of Bella Vista Drive, draft easements,for all stormwater facilities located on one of the two tax parcels and serving the other tax parcel, and a draft easement for the pump station /pump house and associated infrastructure, satisfactory to the Attorney for the Town, prior to Final Site Plan Approval, and submission of details and locations of any signs proposed as part of this development, prior to Final Site Plan Approval, and submission of details describing procedures and mechanisms to handle emergency conditions during power or sewer pump failures, subject to the approval of the Town of Ithaca Public Works Department, prior to Final Site Plan Approval, and k. 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 houses, and I. submission of a stormwater "Operation, Maintenance, and Reporting Agreement" between the property owner and the Town of Ithaca, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to issuance of any certificates of occupancy for any houses, and m. submission of a revised landscaping plan showing landscaping around the pump house, and n. submission of a draft 150 -foot wide floating easement, subject to the approval of the Attorney for the Town, located on the western portion of tax parcel No. 39. -1 -1.31 for a potential Town trail that would cross that parcel from north to south, prior to issuance of any building permits; BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed changes to Planned Development Zone (PDZ) No. 7, including adding Tax Parcel No. 39 -1 -3.2 to PDZ No. 7, with the following recommended changes: Planning Board Minutes 11 -01 -2011 Page 10 of 11 1. change the reference to "an elevation of 607 feet above the City of Ithaca datum" to applicable USGS elevation in §271 -8, D(3), and 2. revise §271 -8, D(5) to provide that at least one adult (but not necessarily both) in a dwelling unit must require supportive services provided by the owner. Vote: Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Slottje, 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 regarding deposit and removal of fill. 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 regarding timber harvesting and other requirements in Conservation Zones and adding related definitions. Mr. Wilcox opened the two public hearings at 9:32 p.m. Ms. Erb requested the background regarding the deposit and removal of fill, asking what concern is being addressed. Is it an issue of stormwater runoff and visual appearance? Ms. Brock responded that the original law predated the stormwater law. There are several reasons the changes are being made. The Codes and Ordinances Committee was working on conservation zone changes and there was a concern about one area the Town was considering designating as conservation zone. A landowner was filling property within the conservation zone that was close to a wetland, so they were interested in having greater regulation of fill placed near a wetland, without getting an approval. Another reason is that a lot of things in the law were outdated, so the new law replaces outdated words with modern words. Also, under the current law, the ZBA gets requests for special approval of fill permits when a certain threshold is reached; the CoC thought it would be more appropriate for that kind of issue to be considered by the Planning Board under the special permit process. Ms. Erb noted one additional small change, which she appreciates: farmers felt nitpicked by certain regulations, and there's a key word that's been removed from Section I, #4, which gives farmers more latitude in moving materials around on their own land. Mr. Slottje asked what the difference is between sand and gravel and stone removal and sand and gravel mining. He asked if it was the intent of this law to say that someone can't remove more than 250 cubic yards or if they go over 250 cubic yards, they have to get Planning Board approval. He thought that if that is the intent, this will create a problem if it's not capped at something, such as 750 cubic yards; otherwise, the Town would be letting the DEC in. In other words, if this is the same as sand and gravel mining, the Town can either say this can't be done below a certain threshold, like 750 cubic yards, or the DEC gets to say exclusively what those conditions are. Ms. Brock responded that she doesn't think the Town Board is considering this to cover mining activities. Mr. Slottje stated that that's the question: What's the difference between sand and gravel mining and this? It would be advisable to make it clear, so that it's not inadvertently letting the DEC into Planning Board Minutes 11 -01 -2011 Page 11 of 11 the Town of Ithaca. "You can either say they can't do it or they have to stay below the threshold, and it might be 750. If you tell them no, you can regulate below the threshold; if you don't tell them no, they're automatically in." Mr. Bosak agreed, saying that mining is the removal of sand and gravel. He further recommended against attaching the DEC's current number for the threshold to the law, because when they change it later, the Town's law won't change with it. Ms. Brock disagreed, saying it's better to specify the number of cubic yards and keep current on our law; incorporating by reference is frowned upon. Mr. Bosak said his property is zoned agricultural, and that he had 11 cubic yards of compost trucked in. It's not clear in the law whether similar materials should include compost, and he thinks compost should be explicitly excepted. Mr. Wilcox closed the public hearing at 9:48 p.m. Mr. Conneman had a concern regarding the term "qualified professional forester," arguing that there is no licensure for the job title. He said anyone could call claim to be a qualified professional forester. Mr. Ritter responded that the forester she spoke with said he had to complete additional coursework to become a qualified forester. She didn't know if that was enough to get on the DEC list. Ms. Brock stated that Ms. Ritter looked into it and found that there weren't any other professional qualifying standards or degrees that could be listed. The law needs objective criteria. Mr. Bates said the DEC had a list when he looked into having a service done on his own property. The list gives the Town something to go by. Mr. Bosak stated that there wasn't a copy of the new timber harvesting law in his packet and that, without one, it's impossible to do a proper review. It appears that this will make timber harvesting in the Town nearly impossible. Upon a motion by Fred Wilcox, and seconded by Ellen Baer, the Board voted to defer the discussion of this topic to the next meeting. Ms. Erb pointed out that the definition being proposed for biological corridors explicitly excludes the issue of waterways. She didn't understand the reason for this and would like it explained at the next meeting, saying that it's a serious oversight. Adjournment Upon motion by John Beach, the meeting adjourned at 10:07 p.m. Respectfully submitted, Debra DeAdqistine, Deputy o Clerk ��►� 1 NOV 2 Oil 271 -8. Planned Development Zone No. 7 (Limited Mixed Use Ithacare). L.L. No. 1 -1994; amended 3 -11 -1996 by L.L. No. 2 -1996; 11 -7 -2002 by?�n�l bv L.L. No. 5 -2007] =s+ti M1 A. Section 270 -6 of the Town of Ithaca Code includes in the list of permissible districts a district designated as "Special Land Use District No. 7 (Limited Mixed Use)," which district is now considered and hereafter referred to as "Planned Development Zone No. 7." B. The uses permitted in Planned Development Zone No. 7 are: (1) (a) Parcel 1: One multiple - family dwelling consisting of at least 40 dwelling units and up to 193 dwelling units aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space, such multiple - family dwelling being intended to provide congregate residential care, including independent, assisted - living and nursing home accommodations. Each dwelling unit in said multiple - family dwelling may be occupied by no more than two persons, related or otherwise. (b) Parcel 2: Up to 11 single story detached residential duplex buildings containing up to 22 dwelling units in the aggregate for the provision of independent living accommodations Each dwelling unit may be occupied by no more than two persons related or otherwise (2) Subject to special approval and site plan approval by the Planning Board the following accessory uses are permitted on Parcel 1 and Parcel 2: (a) Off - street garage or parking spaces for the residents of, employees working at, and visitors to the permitted facilities. (b) One pavilion not exceeding 3,000 square feet in size. (c) Accessory buildings such as storage sheds, pavilions [in addition to the pavilion authorized in Subsection B 2 b above], gazebos, and other similar small buildings provided that no single building [other than the pavilion permitted by Subsection 130(b) above] exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board. (d) Common recreational areas including walkways, parks, community gardens, and other similar outdoor recreational facilities. (e) Any municipal or public utility structures necessary to the provision of utility services for the permitted facilities. (f) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. C. Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, building height, and similar requirements, of a Medium Density Residential Zone for Parcel 1, and a High Density Residential Zone for Parcel 2 except as the same may be specifically modified by the terms of this section. D. In addition to the requirements and restrictions, impospd by the Town of Ithaca Zoning Ordinance, the area being rezoned to Planned Development Zone No. 7 shall be subject to the following conditions: Editor's Note: Special Land Use District No. 6 (Indian Creek Retirement Community), adopted 3 -13 -1989 by L.L. No. 2 -1989, was repealed in 1995. 'A k (1) The exterior design, specifications, and plans for all buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan and design drawings approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan and drawings as finally approved. In determining whether or not to approve the site plan, the Planning Board shall employ the same considerations as it would employ in approving the site plan pursuant to Article XXIII and § 270 -236 of the Town of Ithaca Zoning Ordinance. (2) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such proposed construction. (3) Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the contrary, in Planned Development Zone No. 7, no building shall be erected, altered, or extended to exceed 37 feet in height from the lowest interior grade or 30 feet in height from the lowest exterior grade, whichever is lower, except, however, that the one multifamily dwelling permitted pursuant to Subsection 171) above may exceed said height limitations, provided such building is constructed substantially in accordance with the elevations and plans numbered SK -L1 J (Preliminary Site Plan - Alternative B.3), L -4 (Planting & Materials Plan), L -5 (Trail Plan), L -6 and L -7 (Details), and A -6R (Elevations), prepared by L. Robert Kimball & Associates and dated January 30, 1996 (hereinafter collectively referred to as the "January 30, 1996, Site Plan "), and elevations and plans numbered C1.1 (Site Plan), C1.2 (Site Grading Plan), C1.8 (Viewshed Section and Elevation Studies), and A2.1, A2.2, and A2.3 (Exterior Elevations), prepared by Schopfer Architects LLP and dated October 16, 2006, revised February 8, 2007, copies of which are on file with the Town of Ithaca Planning Department. The heights shown on said plans shall constitute the maximum heights permitted for such building. Notwithstanding the foregoing, under no circumstances shall the highest point on the building exceed an elevation of 607 feet above City of Ithaca datum. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. (4) Except as specifically provided for herein any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. (5) The dwelling units in this Planned Development Zone No. 7 shall be occupied by adults requiring supportive services provided by the owner. persons ever the age of 64 years, 9XGept that 0 OGGupaRt6 of the faGility aFe undeF the age of 55. (6) All of the area rezoned pursuant to this section shall be owned by the same party and there shall be no subdivision of the area Parcel 1 or Parcel 2 contained in Planned Development Zone No. 7. (7) There shall be provided at least two parking spaces for every three dwelling units on Parcel 1, and at least 1 parking space for every dwelling unit on Parcel 2, except that the Planning Board may reduce the required number of spaces on Parcel 1 by no more than 20% in accordance with the criteria set forth in Chapter 270, § 270 -227, of the Town of Ithaca Code. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in § 270 -227 as referenced above, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth in Chapter 270, § 270 -227, of the Town of Ithaca Code. 2 ;i (8) No permits for construction of any of the duplexes shall be issued until a water easement for the benefit of the Town for a public water main running from a presently existing public water main on Route 96B to the locations of the proposed distribution points to the duplexes as shown on the final approved site plan is obtained in a form acceptable to the Town of Ithaca from the owner of the lands over which said public water main must run, and the same is recorded in the Tompkins County Clerk's Office. E. In accordance with the provisions of the Zoning Ordinance, a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. A site plan that has received final site plan approval may be modified upon the application of the owner to the Planning Board for such modification. Such application shall be in accordance with the provisions of this section and the provisions of the Zoning Ordinance and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval as set forth in the Zoning Ordinance. (1) Notwithstanding the foregoing, Planning Board approval of a modification shall not be required: (a) If the modification does not involve: [1] Construction of an addition of more than 1,000 square feet of enclosed space attached to a residential building whether on one or more stories (provided such construction is in accordance with the height limitations and other requirements of this section and the Zoning Ordinance); nor [2] Construction or relocation of more than three parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor [3] Construction, alterations, or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000; nor [4] Construction, alteration, or renovation of the interior of a building involving a change in occupancy or use; nor [5] Enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or previously approved building; nor [6] Reduction of an existing or previously approved building that involves a decrease of square footage of more than 15% of the existing or previously approved building; nor [7] Alteration of traffic flows and access nor a significant increase in the volume of traffic; nor [8] A significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element including landscape and lighting details from that presented at the time of the prior approval; nor [9] A change in the impacts of the project on surrounding properties, such as an increase in noise, water runoff, light illumination, or obstructions to views; nor [10] Violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval, or (b) If the modification does not involve a movement or shift of a location of one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where: [1] Such shift does not alter proposed traffic flows or access; and [2] Such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval. (2) The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum [i.e., if a 700 square foot addition is constructed without obtaining Planning Board approval pursuant to Subsection E(1)(a)[I] above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan]. (3) This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of this section nor of the Zoning Ordinance including height, setback, side yard, and similar regulations, nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this section, the Zoning Ordinance or the Building Code. (4) A demolition, or a proposed demolition, of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section. F. The areas identified and described as parcel 1 and parcel 2 that are encompassed and rezoned in accordance with this section to Planned Development Zone No. 7 is are described on Schedule A to this section. Editor's Note: Said Schedule A is included at the end of § 271 -8. The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the locations described. G. Any violations of the terms of this section shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in § 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this section fails to comply with any of the provisions hereof. H. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Schedule A Description of Property Zoned as Planned Development Zone No. 7 Parcel 1 ALL THAT TRACT OR PARCILL OF LAND situate in the I own of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at an iron pin set at the intersection of the westerly highway line of the State of New York as appropriated for the Ithaca -Danby State Highway No. 5043 and delineated on Map 15 Parcel 22 CI 1 r 4 and recorded in the Tompkins County Clerk's Office with the northerly line of lands reputedly of John M. Kelly as described in Liber 693 of Deeds at Page 255, said pin being located a perpendicular distance from the present center line of the Danby Road, State Highway Route No. 96B of 110.0 feet and is located 7.7 feet northerly from a granite highway monument found; Running thence westerly an average bearing of north 83 degrees 26 minutes 05 seconds west along the northerly line of lands reputedly of Kelly, reputedly of Payne as described in Liber 340 of Deeds at Page 365 and Liber 368 of Deeds at Page 371, and continuing along the lands reputedly of Cofer as described in Liber 611 of Deeds at Page 160, for a distance of 1,434.92 feet to an iron pipe found, said iron pipe marks the northeasterly corner of lands reputedly of Turk as described in Liber 458 of Deeds at Page 522; Running thence north an average bearing of north 04 degrees 26 minutes 55 seconds east along the easterly line of lands reputedly of Berggren as described in Liber 624 of Deeds at Page 79 and continuing along lands reputedly of Puerta as described in Liber 577 of Deeds at Page 613 and continuing along the lands reputedly of Goodloe as described in Liber 656 of Deeds at Page 590, for a distance of 714.42 feet to an existing iron pipe, said iron pipe marks the northeasterly corner of lands of Goodloe; Running thence north 89 degrees 57 minutes 24 seconds east along a proposed new division line through the lands of Ithaca College for a distance of 1,375.48 feet to an iron pin set; Running thence south 78 degrees 28 minutes 05 seconds east and continuing through the lands of Ithaca College for a distance of 230.0 feet to an iron pin set in the westerly highway line of New York State Route 96B, Danby Road; Running thence south 11 degrees 31 minutes 55 seconds west along the westerly highway line of New York State Route 9613, the Danby Road for a distance of 525.0 feet to an iron pin set, said iron pin marks the northeasterly corner of the scenic overview area as appropriated by the State of New York; Running thence north 78 degrees 33 minutes 31 seconds west along the northerly line of the scenic overview area for a distance of 60.0 feet to an iron pin set; Running thence south 11 degrees 30 minutes 40 seconds west along the westerly line of the scenic overview area for a distance of 335.64 feet to an iron pin set, the point and place of beginning. Said parcel contains 28.010 acres of land to the highway line. Parcel 2 [Add legal descriptionl 5 TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, November 1, 2011 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Ithaca College Compost Facility Modification, 123 Farm Pond Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed modification to the Ithaca College Compost Building conversion project located at 123 Farm Pond Road on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41- 1 -30.2, Medium Density Residential Zone. The original project involved converting the existing compost building into an unheated storage facility for maintenance materials and equipment. The modification will eliminate the proposed new roof structure on the north side of the building. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President for Facilities, Agent. 7:10 P.M. SEQR Determination: Longview Patio Homes, Bella Vista Drive (off Danby Road). 7:10 P.M. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval for the proposed Longview Patio Homes project located off Bella Vista Drive to the south of the existing Longview, an Ithacare Community development, Town of Ithaca Tax Parcel No.'s 39 -1 -3.2 and 39 -1 -1.31, High Density Residential Zone and Planned Development Zone No. 7. The proposal involves the development of 11 duplexes (22 total rental units) on a new access drive from Bella Vista Drive for independent senior living. The proposal will also involve new walkways, stormwater facilities, outdoor lighting, utilities, and landscaping. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of Tax Parcel 39 -1 -3.2 from High Density Residential to Planned Development Zone No. 7. Ithacare Center Service Company, Inc., Owner /Applicant; Mark A. Macera, Agent. 7:45 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 regarding deposit and removal of fill. 7:50 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 regarding timber harvesting and other requirements in Conservation Zones and adding related definitions. 8. Approval of Minutes: October 4, 2011 and October 18, 2011. 9. Other Business: 10. 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, November 1, 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, November 1, 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 and Special Permit for the proposed modification to the Ithaca College Compost Building conversion project located at 123 Farm Pond Road on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1- 30.2, Medium Density Residential Zone. The original project involved converting the existing compost building into an unheated storage facility for maintenance materials and equipment. The modification will eliminate the proposed new roof structure on the north side of the building. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President for Facilities, Agent. 7:10 P.M. Consideration of Preliminary Site Plan Approval for the proposed Longview Patio Homes project located off Bella Vista Drive to the south of the existing Longview, an Ithacare Community development, Town of Ithaca Tax Parcel No.'s 39 -1 -3.2 and 39 -1 -1.31, High Density Residential Zone and Planned Development Zone No. 7. The proposal involves the development of I 1 duplexes (22 total rental units) on a new access drive from Bella Vista Drive for independent senior living. The proposal will also involve new walkways, stormwater facilities, outdoor lighting, utilities, and landscaping. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of Tax Parcel 39 -1 -3.2 from High Density Residential to Planned Development Zone No. 7. Ithacare Center Service Company, Inc., Owner /Applicant; Mark A. Macera, Agent. 7:45 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 regarding deposit and removal of fill. 7:50 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 regarding timber harvesting and other requirements in Conservation Zones and adding related definitions. 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, October 24, 2011 Publish: Wednesday, October 26, 2011 W- dne ay, October 26, 2011 THE ITH�i�''CA All Town of Ithaca Planning Board 215 North Tioga Street November 1, 20117:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You Name *401 -- ti!lt eZ/L JJ2 ✓"U 0 . C © rsen ti 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, November 1, 2011 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tioga et. Date of Posting: October 24, 2011 Date of Publication: October 26, 2011 5a".d� 019<-x' Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 26`h day of October 2011. . �r ,cam 004t Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County Commission Expires December 26 (J