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HomeMy WebLinkAboutPB Minutes 2013-05-21TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday. Mav 21. 2013 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Gary Fill Site, 921 Coddington Road. 7:05 P,M. PUBLIC HEARING: Consideration of Special Permit for the proposed fill site located at 921 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-4, Low Density Residential Zone. The project involves placing clean fill (most fill already on site) on both sides of the existing house. The fill will be covered with top soil and seeded with grass and other landscaping. Randi Gary, Owner/Applicant. 4. Approval of Minutes: March 5, 2013. 5. Other Business: 6. 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 MEETING Tuesday, May 21, 2013 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Fred Wilcox(Chair), Linda Collins,John Beach, Paula Wedemeyer,Jon Bosak,Yvonne Fogarty, Hollis Erb,Joseph Haefeli(Alternate) Staff Present: Chris Balestra, Planner; Bruce Bates, Director of Code Enforcement; Creig Hebdon, Civil Engineer; Susan Brock,Attorney for the Town; Deb DeAugistine, Deputy Town Clerk Call to Order Mr. Wilcox called the meeting to order at 7:01 p.m. and accepted the secretary's posting of the public hearing notice. AGENDA ITEM Persons to be heard - No one came forward to address the Board. AGENDA ITEM SEQR Determination: Cary Fill Site, 921 Coddington Road Randi Cary gave the background information on the property. He's been there for two years and was unaware that he needed a fill permit. He came before the Board to ask forgiveness and request per- mission to continue with the work. Mr.Wilcox asked Mr. Cary if he was aware of any environmental impacts of the project. Mr. Cary responded that he's not aware of any. There's a steep slope running into a culvert, which might have had water in it at one point. Mr. Hebdon said he has no problem with Mr. Cary continuing the work as long as the remediation plan is followed. There shouldn't be a problem with the culvert. PB Resolution No. 2013-016: SEAR, Special Permit, Cary Fill Permit Project, Tax Parcel No. 47:2-4 Moved by Hollis Erb; seconded by Linda Collins WHEREAS: 1. This action is Consideration of Special Permit for the proposed fill site located at 921 Codding- ton Road, Town of Ithaca Tax Parcel No. 47.-2-4, Low Density Residential Zone. The project in- volves placing clean fill (most fill already on site) on both sides of the existing house. The fill will be covered with topsoil and seeded with grass and other landscaping. Randi Cary, Own- er/Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in the environmental review with respect to Special Permit, and Planning Board Minutes 05-21-2013 Page 2 of 5 3. The Planning Board, on May 21, 2013, has reviewed and accepted as adequate a Short Environ- mental Assessment Form (EAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, a drawing titled "Sketch Map Showing Limits of Recent Fill Activity Located at No. 921 Coddington Road, Town of Ithaca, Tompkins County, New York," dated 3/18/2013, prepared by T.G. Miller P.C., and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental signifi- cance with respect to the proposed 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, Collins, Beach,Wedemeyer, Fogarty, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Special Permit for the proposed fill site located at 921 Codding- ton Road, Town of Ithaca Tax Parcel No. 47-2-4, Low Density Residential Zone. The project involves placing clean fill (most fill already on site) on both sides of the existing house. The fill will be covered with top soil and seeded with grass and other landscaping. Randi Cary, Owner/Applicant Mr.Wilcox opened the public hearing at 7:09 p.m.; hearing no comments, he closed the public hear- ing at 7:10 p.m. PB Resolution No. 2013-017: Special Permit, Cary Fill Permit Project, Tax Parcel No. 47.-2-4 Moved by Yvonne Fogarty; seconded by John Beach WHEREAS: 1. This action is Consideration of Special Permit for the proposed fill site located at 921 Codding- ton Road, Town of Ithaca Tax Parcel No. 47:2-4, Low Density Residential Zone. The project in- volves placing clean fill (most fill already on site) on both sides of the existing house. The fill will be covered with topsoil and seeded with grass and other landscaping. Randi Cary, Own- er/Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in the environmental review with respect to the project, has, on May 21, 2013, made a negative de- termination 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 Planning Board Minutes 05-21-2013 Page 3 of 5 3. The Planning Board, at a Public Hearing held on May 21, 2013, has reviewed and accepted as adequate, a drawing titled "Sketch Map Showing Limits of Recent Fill Activity Located at No. 921 Coddington Road, Town of Ithaca, Tompkins County, New York," dated 3/18/2013, prepared by T.G. Miller P.C., and other application materials, NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the proposed Cary Fill Site project, finding that the plan adequately protects the property and surrounding properties from significant adverse consequences, including drainage, erosion, and visual or other adverse impacts (Section 270-217 E of the Town of Ithaca Code), and finding that the standards of Article XXIV Section 270-200, Subsec- tions A - L, and Article XXVI, Section 270-217.H(1)(a)-(e) of the Town of Ithaca Code, have been met. The Special Permit is subject to the following conditions: a. Implementation of erosion and sedimentation controls, particularly seeding and slope stabiliza- tion beginning within 14 days and completed within 30 days of the fill permit issuance. Vote Ayes:Wilcox, Collins, Beach, Wedemeyer, Fogarty, Bosak, Erb AGENDA ITEM Approval of Minutes PB Resolution No. 2013-018: Minutes of March 5, 2013 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 5; now therefore be it RESOLVED, the Town of Ithaca Planning Board approves the minutes, as amended, to be the final minutes of the meeting on March 5. Vote: Ayes: Wilcox, Collins, Haefeli, Beach, Fogarty, Bosak, Erb Abstentions:Wedemeyer AGENDA ITEM Other Business Mr. Hebdon noted that he did a minor lot line modification on two parcels on Taughannock Boule- vard. Meeting of June 4, 2013 Planning Board Minutes 05-21-2013 Page 4 of 5 A motion to cancel the June 4, 2013 meeting of the Planning Board was made by Mr.Wilcox and seconded by Ms. Erb. The Board voted in favor. Discussion on Board members making public comments Ms. Brock noted that she and Mr. Wilcox read Ms. Fogarty's comments that appeared in the newspa- per regarding the Comp Plan and West Hill development. She said it's fine that Ms. Fogarty made public comments as long as she was talking about general policies that should guide the Comp Plan - more philosophical views about how development should or should not be proceeding in the Town - rather than speaking about specific applications. Ms. Fogarty assured Ms. Brock that her comments were general. Ms. Brock went on the say that if there's an application pending, a Board member should not com- ment on it publicly before the meeting because the courts might say she demonstrated a bias. If the Board member does comment publicly, she should recuse herself and not participate in the discus- sion or vote on the application when it comes before the Board. The idea is that Board members should always base their opinions on information in the public record: mainly,what's in the packet, what they observe when they go onsite to look at the property, and the information that comes from the meeting, whether it's from the applicant, members of the public, or observations from other Board members. Ms. Brock said she could find no prohibition against Board members stating gener- ally their philosophical views. She added, however, that even the philosophical makes her nervous, because it could give fodder to an applicant claiming a Board member prejudged the project, especial- ly if she voted against it and a project was not approved. Ms. Brock cautioned Board members to be mindful when speaking publicly about projects.An excep- tion might be if a particular project affects a Board member's own property interests, in which case, the person could speak, but then recuse herself from voting. In such a case, she would be speaking as a citizen. Mr.Wilcox asked Ms. Fogarty whether she was quoted only about West Hill projects or about the Comp Plan as a whole. His initial concern was whether she said in any way that she was not in favor of development on West Hill and whether an applicant could litigate based upon her comments. Ms. Fogarty responded that she spoke just about West Hill; specifically, that she thought the type of development being put on West Hill did not meet the criteria in the Comp Plan. There's been discus- sion about these pocket communities where a person can bike and walk and take the bus and where there will be stores - the kind of thing you see on East Hill, whereas there is none of that on West Hill.And in fact there is no community or character other than a hospital and a museum; it doesn't stand out as a residential area. For her, there is a disconnect: the Town wants to put this plan through, but what is being approved on West Hill doesn't meet that criteria. Maybe in 30 years it will, but it doesn't look like that now; it doesn't seem like it's moving in that direction.When she intro- duced herself to the Town Board, she felt it was her responsibility to disclose that she was on the Planning Board. She informed them that she didn't attend the meeting as a member of the Planning Board, but as a member of the community. She was hoping to cover herself in that way. She asked if there is some other way she can do that in the future, because she has been going to those meetings for the last five years and she has been quoted in the minutes as a member of the public every time she has spoken. Planning Board Minutes 05-21-2013 Page 5 of 5 Mr. Bosak noted that if her comment was to observe that a particular plan does not actually meet the criteria, that is not setting forth an opinion, that is a statement of fact. Ms. Balestra said there have been a few projects that have come before the Planning Board that do not meet the goals and objectives of the Comp Plan as drafted. To a question from Ms. Wedemeyer, Ms. Balestra confirmed that projects are considered for approval based on the existing zoning code, which follows the existing Comp Plan. Mr. Wilcox added that when the new Comp Plan is approved, the zoning will need to be changed to be consistent with the plan. AGENDA ITEM Adjournment Upon a motion by Hollis Erb, the meeting adjourned at 7:58 p.m. Respectfully submitted, lebra DeAugistin^Deputy T( lerk