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HomeMy WebLinkAboutPB Minutes 2015-05-05TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tuesday. May 5. 2015 AGENDA 7:00 P.M. SEQR Determination: Bocioaga / Buckholtz Bed & Breakfast, 106 Pineyiew Terrace. 7:00 P.M. PUBLIC HEARING: Consideration of Special Permit for the proposed Bed & Breakfast located at 106 Pineyiew Terrace, Town of Ithaca Tax Parcel No. 53.-I-15.24, Medium Density Residential Zone. The proposal inyoWes using one bedroom in the existing residence for a bed and breakfast. Daniela Bocioaga and Max Buckholtz, Owners/Applicants. 7:15 P.M. SEQR Determination: Cornell Uniyersity Niemand-Robison Softball Field Additions and Renoyations, 240 Pine Tree Road. 7:15 P.M, PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approyal and Special Permit for the proposed Cornell Uniyersity Niemand-Robison Softball Field Additions and Renoyations project located at 240 Pine Tree Road, Town of Ithaca Tax Parcel No. 60-1-8.2, Low Density Residential Zone. The project includes replacing the existing dugouts, bleachers and press box with larger ones in approximately the same locations, adding a restroom and ticket window building, and paying the existing access driye. Cornell Uniyersity, Owner/Applicant; Michael T. Stewart, Project Manager, Agent. 7:30 P.M. SEQR Determination: Amabel Subdiyision, 619 Fiye Mile Driye. 7:30 P.M. PUBLIC HEARING: Consideration of Preliminary Subdiyision Approyal for the proposed Amabel subdiyision located at 619 Fiye Mile Drive (NYS Route 13A), Town of Ithaca Tax Parcel No.'s 31-2-28 and 31-2-6 (portion thereoO, Low Density Residential Zone. The proposal involves a clustered subdivision located off of Five Mile Drive consisting of 30 total lots, including 28 new single-family residential home lots, one parcel containing an existing residence, and one parcel for community open space. The project will also include approximately 43 parking spaces, walking paths, a community garden, a children's play area, landscaping, and stormwater facilities. The subdivision approval includes subdividing 3.379 +/- acres from City of Ithaca Parcel (Tax Parcel No. 31-2-6) which will be consolidated with Tax Parcel No. 31-2-28 and used as part of the Amabel subdivision. The Planning Board will also consider a recommendation to the Town of Ithaca Town Board regarding the rezoning of this property from Low Density Residential Zone to Medium Density Residential Zone. New Earth Living LLC and City of Ithaca, Owners; Sue Cosentini, Applicant. 7. Persons to be heard 8. Approval of Minutes: April 7, 2015 and April 21, 2015 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 or SPOLCE@TOWN.ITnACA.NY.US. (A quorum of four (4) members is necessary to conduct Planning; Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website under "Planning Board" on the "Meeting Agendas" page nittD://www.town.ithaca.nv.us/meeting-aEendas). TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, May 5, 2015 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox(Chair), Linda Collins,John Beach, Yvonne Fogarty,Jon Bosak, Hollis Erb Town Staff Present: Susan Ritter, Director of Planning; Chris Balestra, Planner; Bruce Bates, Director of Code Enforcement; Dan Thaete, Town Engineer; Susan Brock,Attorney for the Town; Deb DeAugistine, Deputy Town Clerk Call to Order Mr. Wilcox called the meeting to order at 7:00 p.m. and accepted the secretary's posting and publication of the public hearing notices. AGENDA ITEM SEQR Determination: Bocioaga/Buckholtz Bed &Breakfast, 106 Pineview Terrace Ms. Bocioaga said they are applying for a permit to turn their extra bedroom into a bed and breakfast. She and her husband obtained a variance in the past to put a front porch onto their house,which improved the look of the home and the neighborhood. It also increased the value of their home. They have a young family and envision this as a temporary supplement to their income. Ms. Erb didn't understand the requirement for a building permit mentioned in the short environ- mental form. Mr. Bates said that it's a change of use and needs to meet the building code requirements for a bed and breakfast. He has to inspect it to determine whether it will need anything modified, such as a window for ingress and egress. Mostly it's a safety check. PB Resolution No. 2015-013: SEAR, Special Permit, Bocioaga-Buckholtz Bed & Breakfast, Tax Parcel No. 53.-l-15.24 Moved by Hollis Erb; seconded by Linda Collins WHEREAS: 1. This action is Consideration of Special Permit for the proposed Bed &Breakfast located at 106 Pineview Terrace, Town of Ithaca Tax Parcel No. 53.-1,15.24, Medium Density Residential Zone. The proposal involves using one bedroom in the existing primary residence for a bed and break- fast. Daniela Bocioaga and Max Buckholtz, Owners/Applicants; 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 3. The Planning Board, on May 5, 2015, has reviewed and accepted as adequate a Short Environ- mental Assessment Form (EAF) Part 1, submitted by the applicant, Parts 2 and 3 prepared by Planning Board Minutes 05-05.2015 Page 2 of 18 Town Planning staff, a survey map of the property titled "Map of Survey No. 106 Pineview Ter- race, Town of Ithaca, Tompkins County, New York," prepared by Robert S. Russler Jr., dated August 14, 2004 and resurveyed July 17, 2007; a floor plan of the property, date-stamped March 30, 2015, 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 action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Vote Ayes:Wilcox, Collins, Beach, Fogarty, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Special Permit for the proposed Bed&Breakfast located at 106 Pineview Terrace, Town of Ithaca Tax Parcel No. 53.-1-15.24, Medium Density Residential Zone. The proposal involves using one bedroom in the existing residence for a bed and breakfast. Daniela Bocioaga and Max Buckholtz, Owners/Applicants Mr. Wilcox opened the public hearing at 7:08 p.m. Mr. Steven Ehrhardt, 109 Juniper Drive, said that the last time a special permit was proposed for the neighborhood, he came before the board because he had serious reservations after living adjacent to an illegally operated bed and breakfast that was overpopulated and excessively noisy.Thanks to the building department and planning board, there is now a legally operating bed and breakfast. This will be a second one. He has no opposition at all to the applicants' proposal, but there is some concern about having two B&Bs adjacent to one another in a relatively small cul-de-sac. He asked what the process would be to request that the ordinance be amended such that in a medium-density residential zone, there would be a minimum distance between a new bed and breakfast and any that are previously existing. It can be annoying when there are a lot of guests in close proximity to your property on the weekend. He thinks the law should address it, so that the lion's share of properties in any neighborhood be non-commercial. Ms. Brock suggested he address his concerns to the town board because they write the zoning law. They might refer it to another board or committee for a recommendation, but that's where you have to start. Ms. Ritter suggested starting by writing a letter or email to the town supervisor. Planning Board Minutes 05-05.2015 Page 3 of 18 Ms. Fang made a statement in support of the applicants because they are her neighbors. They share a property line and help each other. They are good, honest people. They will make their house more beautiful and keep the properties more valuable. They will pay NYS sales tax and Tompkins County room tax. Small businesses are a great contribution to Ithaca. They are a hard-working family whom she has known for over 20 years. They want to raise their child in a nice community just like she did. She supports them because she and Ms. Bocioaga are both from communist countries, China and Romania, where everyone was watched. She believes they live in a free country now. Mr. Wilcox closed the public hearing at 7:15 p.m. PB Resolution No. 2015.014: Special Permit, Bocioaga-Buckholtz Bed & Breakfast, Tax Parcel No. 53.-1-15.24 Moved by Hollis Erb; seconded by Yvonne Fogarty WHEREAS: 1. This action is Consideration of Special Permit for the proposed Bed &Breakfast located at 106 Pineview Terrace, Town of Ithaca Tax Parcel No. 51-1,15.24, Medium Density Residential Zone. The proposal involves using one bedroom in the existing primary residence for a bed and break- fast. Daniela Bocioaga and Max Buckholtz, Owners/Applicants; 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 5, 2015, made a negative de- termination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Town Planning staff., and 3. The Planning Board, at a Public Hearing held on May 5, 2015, has reviewed and accepted as adequate a survey map of the property titled "Map of Survey No. 106 Pineview Terrace, Town of Ithaca, Tompkins County, New York," prepared by Robert S. Russler Jr., dated August 14, 2004 and resurveyed July 17, 2007; a floor plan of the property, date-stamped March 30, 2015, and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby finds that the considerations for approval of the requested Special Permit listed in Article XXIV, Section 270-200, Subsections A- L of the Town of Ithaca Code have been met, specifically that: a. the health, safety, morals and general welfare of the community, in harmony with the general purpose of Town Code Chapter 270, Zoning, will be promoted, because the proposed use will promote tourism and economic development for the Ithaca area and will provide a unique al- ternative to commercial lodging for those wishing to visit the area; and b. the premises are reasonably adapted to the proposed use because the home and extra bed- room already exist/are already being utilized for residential purposes and the proposed use Planning Board Minutes 05-05.2015 Page 4 of 18 will be similar to the existing use; the use will fill a neighborhood or community need because it will provide additional local lodging for tourists; and c. the proposed use and the location and design of any structures are consistent with the charac- ter of the district in which they are located, for the reasons noted above; and d. the proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue the neighborhood property or seriously inconvenience the neighboring inhabitants, because such use will only involve one bedroom in an existing two- family home and its impacts to the neighborhood are expected to be minor; and e. operations in connection with the proposed use will not be more objectionable to nearby properties by reasons of noise, fumes,vibrations, illumination or other potential nuisance than the operation of any permitted use in the particular zone, for the reasons noted above; and f. community infrastructure and services, including but not limited to, protective services, road- ways, garbage collection, schools and water and sewer facilities, are currently, or will be, of ad- equate capacity to accommodate the proposed use, as the use will not generate the need for these services above the levels that a residential use would; and g. the proposed use, building, design and site layout comply with all provisions of Chapter 270, Zoning, and, to the extent considered by the Planning Board, with other regulations and or- dinances of the Town,with the Building Code and all other state and federal laws, rules and regulations, and with the Town Comprehensive Plan; and h. the proposed access and egress for all structures and uses are safely designed and the site lay- out provides adequate access for emergency vehicles, as the existing site and subdivision were designed and developed with emergency access in mind; and i. the general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewer systems, is not detrimental to the health, safety and general welfare of the community, for the reasons noted above; and j. the lot area, access, parking, and loading facilities are sufficient for the proposed use; and access, parking, and loading facilities are adequately buffered to minimize their visual impact, as the existing driveway and parking area is already buffered and able to accommodate the number of cars required for a small(one-bedroom)bed and breakfast; and k. natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance, and existing drainageways are not altered in a manner that adversely affects other properties, for the rea- sons noted above; and 1. the proposed use or structure complies with all the criteria applicable to site plan review set forth in Town Code Chapter 270, Zoning; and 2. That the Planning Board hereby grants Special Permit for the proposed Bed and Breakfast project located at 106 Pineview Terrace, Town of Ithaca Tax Parcel No. 53.-1,15.24, with the following conditions: a. That the bed and breakfast serve no more than two guests at one time, in no more than one of the bedrooms; and Planning Board Minutes 05-05.2015 Page 5 of 18 b. The property owner must reside in the house and be present in the house overnight when guests are renting the room. Vote Ayes:Wilcox, Collins, Beach, Fogarty, Bosak, Erb AGENDA ITEM SEQR Determination: Cornell University Niemand-Robison Softball Field Additions and Renova- tions, 240 Pine Tree Road Mike Stewart, project manager at Cornell, stated that they have an existing softball field, dugouts, press box, and bleachers; they engaged Tetra Tech to design a replacement. They have several motives. They want to generally upgrade the field, improve accessibility - right now it's physically impossible to get there with a wheelchair - they have an obligation to provide equitable facilities for both men's and women's teams, and the existing dugouts, in addition to being small and having no storage space for equipment, lack any retention system in front, making it possible for foul balls to go directly into the dugout. They're pursuing the project in two phases: everything that's shown on the plan currently and the restroom facility with ticket window, which will be pursued as a later phase. The field is not intended to be lit for night games. They may provide security lighting, but it would comply with town lighting ordinances. Ms. Erb asked where the additional cars will park if they have half again as many seats. There are days when she sees both parking lots jammed full, including within the last month. Mr. Stewart said they have an additional lot between Reis and the polo arena that's usually used for staging trailers,which could be used for overflow. They also have a grass area pretty far back. He wasn't aware that there was ever a circumstance that there was so much overflow that they would need additional parking. Ms. Erb said she has not seen the two overflow areas full, but if there's something going on in the polo arena, that will not be available because it will have horse activity and trailers. That is her only concern because she has to agree that there is adequate parking. Mr. Stewart assumed they would use grassy areas. If it became a problem for them, they'd have to do something different. Ms. Erb stated that if they have grassy areas they use regularly towards the road, she imagines that the planning board would have started dictating some extra plantings to shield the parking. Mr. Bates thinks the board needs to look at where the overflow parking will be. He doesn't think the grassy area is even drivable. If they did use the overflow area as parking, they need to clearly delineate a fire lane down through there so the fire trucks can get all the way around the back side of the equine facility buildings. Planning Board Minutes 05-05.2015 Page 6 of 18 Ms. Erb said it's a significant increase in people coming to the events, which thrills her for women's athletics, but she needs to know where all those cars are going to park. She knows people are not going to park across the street. Mr. Steward said that if they build it, it doesn't necessarily mean more people will come to the event. Ms. Erb responded that they are being allowed to build it so more people will come, and the board has to consider the potential for 40 additional cars. She thinks trying to park on the narrow strip to the north, before they hit the woods, is not sensible. So the only opportunity would be to go down between the polo barn parking to the back grassy area without allowing anyone to block that path. Mr. Wilcox said that we don't know how much room they have for parking now between the tennis center and the equine facility. Usage of those facilities has its highs and lows. Ms. Collins asked what time of day and what days of the week these games occur. She wondered whether it would have an impact on what's going on at the tennis center, etc. If they're not all having events at the same time, they might not be sharing the space. Mr. Stewart said his understanding is that most women's softball games occur in spring; sometimes weekdays, usually in the afternoon, and on weekends. Ms. Erb said that both the polo and tennis facilities get a lot of use on the weekends. Ms. Fogarty commented that we could imagine and talk about this for a long time, but there isn't sufficient information to make these decisions. She thought that the applicant should gather the information and come back and tell the board how many parking spaces there are and how they will provide extra parking.We're going around and around.We don't know when the games happen. Mr. Stewart said that Cornell has other situations where facilities that share parking lots and athletics are sometimes limited as to what they can schedule at what time. They need to coordinate between different sports. Ms. Erb suggested that an alternative would be to propose that spillover parking occur in the back. Mr. Beach reminded the board that Cornell has lots of overflow parking at East Hill Plaza. If there were events at all three athletic facilities on a Saturday or a Sunday, since people can't park along Pine Tree, Cornell would have to take the responsibility to designate people to park at East Hill Plaza and walk over. Ms. Collins said that it seems like there is no parking for this facility - there's a parking lot for the tennis center and a parking lot for the equine center. She feels like Ms. Fogarty does. Mr. Stewart said there's coordination; she'd like to hear more about that. She agreed that they won't use East Hill plaza unless they're required to use it. Driving around the back for parking does not appeal to her. Especially when the games occur, the East Hill lot will be empty, and if it means having to walk a few hundred yards, that's what she'd like to see. Planning Board Minutes 05-05.2015 Page 7 of 18 Mr. Bates said there could be a serious issue because they also have the rugby field. Last year, during a rugby weekend,vehicles were parked in the field outside the tennis court. It was quite muddy when they went to leave. Mr. Wilcox said he had heard both sides of the argument: the two options would be to proceed and add something to the language to require the planning or code enforcement department to do something or to ask them to come back with more information before we consider. Mr. Bosak acknowledged that there has always been a parking problem there. He used to try to park there for the Cornell bus before they moved it, and sometimes when there was an event going on, parking was basically non-existent. The issue of emergency access aside, and aside from Cornell's problem of organizing events so they don't run out of parking, he wondered why this is our problem. Ms. Erb said it's because it's required by Part J of the special permit boilerplate. Mr. Bosak responded that since it's part of the permit language, the board needs more information to sign off on it. Ms. Ritter said that if the board is leaning towards more information, we should consider what we want to make it helpful. It might be only once per year that the parking lots will be full. She asked if the board would want them to build a new lot or create a management plan so that if they know there will be several events on a single day, they can put signs up telling people to park at East Hill Plaza. Mr. Wilcox said he would prefer a parking management plan. Mr. Bosak responded that he wanted enough information to be able to say, "the lot area access parking and loading facilities are sufficient for the proposed use." Ms. Erb said that means they come with a letter from Cornell Real Estate saying overflow parking will be allowed at East Hill Plaza. Mr. Wilcox said that a letter from Cornell regarding East Hill Plaza would not be enough.We need a guarantee of signage or a person with an official orange vest who can direct people over to that lot. The question is: Do they present a plan that we see before we consider approval or do we consider approval with a condition that they present an acceptable plan that is reviewed by staff? Board members agreed that they'd like to see a parking management plan. Mr. Wilcox stated that what is before the board is the women's softball field, which currently has no parking. The planning board would like a plan showing that the applicant can meet the condition for site plan approval and special permit. It's not necessary to create a new parking lot. He adjourned the discussion until the next meeting that's convenient to both the applicant and the board. AGENDA ITEM SEQR Determination:Amabel Subdivision, 619 Five Mile Drive Planning Board Minutes 05-05.2015 Page 8 of 18 Ms. Cosentini said that the only thing that has changed is that they're debating public vs. private sewer. Everything else is the same as the last time they were before the board. Mr. Wilcox said there are two subdivisions: the subdivision of the city parcel into two lots and the consolidation of Lot A with the existing parcel followed by the subdivision of that parcel into the 28 building lots, one lot for stormwater management and one for open space. Ms. Collins asked whether the project would be phased. Mr. Herrick responded that the SEAR statement addresses a single phase over a two-year period. The sequence of the housing units depends on sales, but the expectation is that the majority of the lots can be pre-sold, and then there will be the commitment to construct. Mr. Beach asked whether there was any feedback from the Catholic Church as to the proximity to the cemetery. Ms. Cosentini said she talked to the caretaker, but nobody has voiced any concern. She has submitted documents to the neighborhood well beyond the 200 feet and received no feedback. Ms. Erb wanted the board to discuss routine construction on Saturdays. This is a residential neigh- borhood. We have asked in many other projects that there not be Saturday construction, except for emergencies with notification to the director of code enforcement. Ms. Cosentini said that time is money, especially considering we're in Zone 6. It's a tough building season. She didn't allow her guys out when it was below 24 degrees - and there were a lot of days. For those four or five months, it would be useful to work at least half days on Saturdays, starting at 9. There is nobody to disturb: dead people, the railroad, the taxi service - and the taxi service is already too noisy. The closest residential neighborhood is Coy Glen, and they won't hear her saws. Mr. Bosak said that for him, the location is enough to make an exception. Ms. Erb said she would be comfortable as long as the minutes reflect why we're we not imposing the same condition as we have on other developers. There is one neighbor at 621. To a question from Ms. Collins, Mr. Thaete said the applicant has to submit a notice of intent and that they have already met that requirement. They are under the new stormwater regulations. Ms. Fogarty asked about trees. In some of the paperwork, it says they'll construct something around the trees so they don't get damaged. She asked how many will get cut down. Ms. Balestra said that that's a condition that staff suggested. The staff memo suggested a tree protec- tion plan, especially for the trees along the northern and southern property lines, which would be shown on the sheets to ensure that the trees are protected from being damaged. Mr. Herrick said the X's on the site clearing sheet(C 103) are trees that will be removed. Some are in bad shape and some would have a negative impact on solar panel installations.The ones left will have Planning Board Minutes 05-05.2015 Page 9 of 18 to have tree protection fencing. Most of them have a very narrow drip edge - they don't have a broad canopy - so it won't be hard to work within their drip line. They also have very deep roots. Mr. Wilcox asked about the unusual front yard shapes to the lots. Ms. Cosentini responded that she thought that if she had some articulations, they could plant plants that would create privacy screens that couldn't be messed with by the residents. The very orthogonal nature of most parcels doesn't allow that. So she created that little depression to allow her to do things in there that are somewhat immutable - you couldn't take down that privacy screen just because you got ticked off about something. They are intended to be planted out with edible landscaping. Some softening of the boundaries is also to get away from the notion of my-land your- land - those 90-degree angles. Mr. Wilcox is concerned that although residents understand the lot shapes when they buy them, people think of lots as 90-degree angles and will think of that as their sphere of influence. The HOA will have a job to keep people from doing things only on their lots and not in the public space. Ms. Erb wondered how people will delineate their spaces, especially homes in the middle that are next to public space,without pushing out. She's still wondering how it will happen. She wishes she had a planting scheme that said every corner will have a few bushes to say: Here's the corner. Here's the property line. Once you push into the bushes,you're in the public space. Then she wouldn't have had a comment about it. Ms. Cosentini responded that they're keeping lots of locust trees for building garden fences. She's sure there will be arguments. Mr. Herrick said that this site is a new experience; it is the first time he's encountered a development footprint that is all sandy, gravelly soils.They're bringing to this project the most efficient way of managing stormwater with that kind of natural resource. It's all about infiltration. They have the ability with these deep soils of sand and gravel to take the stormwater and infiltrate it back into the soil. The management tool is that you have to pretreat all the runoff that drains to the infiltration basins. They have to show in the SWPPP that the pretreatment practices are in place. They've done the calculations and know what the vegetative swales will have to be to meet those requirements. It's a very efficient way of managing stormwater, usually relegated to sandy soils on Long Island. The top soil is not robust.You don't have to go down far before you're tilling up sands and gravels. Mr. Wilcox asked how much of the stormwater management is handled by the swales that run across private property versus on the HOA property. Mr. Herrick said that the vegetative swales have to meet certain geometric and slope requirements to do nothing more than slow down the runoff so that if there are sediments or pollutants, there's an opportunity for them to drop out or be captured in the vegetation before they get to the infiltration basin. The swales will have some infiltration capability, but that is not their purpose: their purpose is to provide "low flow slow" in grass or through grass before it gets to the depressions. That's the pretreatment. The swales will be on HOA property and some will have to be encumbered in a drainage easement. There are swales on individual homeowners' lots. Planning Board Minutes 05-05.2015 Page 10 of 18 Mr. Wilcox asked how we can ensure that they don't get filled in - have stuff planted in them by the lot owners. The Westview subdivision informed him that a lot of little stormwater management structures, like swales, are a bad idea. He wanted to be convinced that it's a good idea. He doesn't trust homeowners to do the right thing even though he gets that this development will attract homeowners that are environmentally conscious. Ms. Balestra said that we had some language put into restrictive covenants for the overall Westview subdivision that went for the deeds for each of the houses, so that when the houses were sold - and they're still being sold - the restrictive covenants gave the town the right to come in and clear out any filled infiltration areas that were vegetative swales. Mr. Thaete said we haven't had an issue out there. Mr. Bosak said he would put the question the other way around: if the homeowner doesn't do anything dumb, if left alone,will the swales indefinitely operate correctly? Mr. Herrick responded that they would.Any vegetation, preferably dense grass, won't need to be manicured - they don't want it to be manicured. No-mow means you mow twice per year, spring and fall. This would be left to the HOA. He pointed out that there are really four swales, three of which are entirely on the HOA lands; the only one that is not is the one that runs along the south. He suggests that for permanent protection, there should be a maintenance easement granted to the town. Ms. Brock said that will happen anyway through the O &M agreement.Attached to that is a stormwater easement, which gives the town the right to access all the stormwater infrastructure in a development. If the land owner isn't keeping it up, the town can do the work and bill the landowner for the expenses. She thinks it's already covered. The SWPPP itself will specify the mowing require- ments for the different practices, and the agreement will say they need to follow the SWPPP. Ms. Erb suggested that this be shown, not just in the HOA regulations, but on the map for each homeowner's property, which happened for another project. Mr. Brock said that this easement will show up in their chain of title. Ms. Erb asked whether the usual boilerplate includes something about an annual report by the HOA. Mr. Thaete said we get those town-wide from full SWPPPs, including from Cornell, outlining their maintenance and what they've done. Mr. Bosak asked about the tie-in with the Black Diamond Trail. He wondered how far in the future the connection will be made and how those residents will get to the BDT, because the promise is that people from this development will be able to walk to Wegman's. Ms. Cosentini responded that there's a railroad crossing at Inlet Road that will connect. Ms. Ritter said that it will depend on funding. People are very supportive of this trail. The section from Taughannock Falls State Park to the city is in the works for this year and next year. The next step will be through the city, and people are actively pursuing money for that. Planning Board Minutes 05-05.2015 Page 11 of 18 Mr. Bosak took Ms. Cosentini to task for suggesting that this is "one flat and walkable mile from downtown Ithaca." There's no sidewalk. But it is flat, and if the BDT existed as a paved thing, it's totally believable that a person on a bicycle could easily get to Wegman's and environs,which wouldn't be true of other projects located elsewhere topographically. Ms. Erb said that it's an amazing improvement over other developments we've looked at. She's impressed because it's within a mile of Tops and Wegman's, and once it's paved, you'll actually be able to roll a cart along the path. Ms. Cosentini said she currently walks along the tracks onto Cherry Street. For the BDT, they plan on using the large concrete railroad abutments, which will save them a huge amount of money. They'll bring the BDT right next to the railroad bridge. Mr. Wilcox pointed out that there are two subdivisions: the one under discussion and the two-lot subdivision to subdivide the city parcel. He asked why we can't do preliminary and final subdivision approval on the city parcel. Ms. Brock said the wording of the public hearing doesn't specifically state final subdivision approval, only preliminary. She also pointed out that our intent to be lead agency happened in March of 2014, but sometime last fall, the city voted to sell this 3-acre parcel to Ms. Cosentini, and in their materials, it says they did an environmental review on that sale. That sale should have been part of the bigger review. They did what they did. But our review rightly includes the subdivision of that piece - our review looks at the whole action. Ms. Erb asked about the permanent easement for Ithaca flood control on the city subdivision. Ms. Brock said she couldn't find it on the map. Mr. Herrick explained that it has to be on that portion of the parcel that the city had title to previous- ly, so it doesn't necessarily coincide with the driveway. It will parallel that north line up to the Norfolk Southern right of way. It will be shown on the map. Ms. Cosentini said that everyone has an easement the entire length of Inlet Road. Ms. Erb asked about bollards. Mr. Herrick said they're on the layout plan(C 102). Ms. Erb said that leads to the issue of protecting some of the houses from headlights. Staff recom- mended some screening for homes not in the development. She wondered why there is no protective screening from headlights coming out of the parking lot for the first few houses and for some other sections inside the property. Ms. Balestra said that staff's main concern was screening properties that are not part of the new development. They're less concerned with internal issues. Planning Board Minutes 05-05.2015 Page 12 of 18 Mr. Wilcox agreed that they will take care of the internal issues themselves. Ms. Fogarty asked about parking spaces. Ms. Cosentini said there are one and a half parking spaces per home. Ms. Fogarty asked why they're using impermeable roadways. Mr. Herrick said that the figure on the SEQR form includes the total for roofs, walks, and pavements. They have not considered porous paving for this project; it costs significantly more. They have all that adjacency to create the same effect. Mr. Wilcox pointed out that we have an electronically signed drawing from the fire chief showing that the internal private road is sufficient for a large truck to maneuver on the site. He asked what we know about the base of the private road. He asked whether Mr. Parsons was indicating that the gravel road is sufficient to allow a large emergency vehicle to get onto the site. Mr. Herrick said the materials used are not wimpy. They'll take 75,000 pounds of emergency access. Might the roads be damaged?They might be. He pointed out that what Mr. Parsons signed off on has been made more robust with the plan in front of the board. One of the pathways was slightly widened at Mr. Parson's suggestion. Mr. Thaete said that Ms. Fogarty brought up a good point regarding pervious pavements. He asked if they will use gravel or pavement for the road. Mr. Herrick said they will start out with gravel and Ms. Cosentini might eventually go to chip seal (stone and oil).All the pavements will be impervious. He never considers gravel to be pervious. PB Resolution No. 2015.015: SEAR, Preliminary Subdivision and Recommendation to the Town Board Regarding Proposed Rezoning,Amabel Subdivision,Tax Parcel No.'s 31-2.28 and 31-2-6 (portion thereof) Moved by Hollis Erb; seconded by John Beach WHEREAS: 1. This action is Consideration of Preliminary Subdivision Approval for the proposed Amabel subdivision located at 619 Five Mile Drive (NYS Route 13A), Town of Ithaca Tax Parcel No.'s 31- 2-28 and 31-2-6 (portion thereof), Low Density Residential Zone. The proposal involves a clus- tered subdivision located off of Five Mile Drive consisting of 30 total lots, including 28 new sin- gle-family residential home lots, one parcel containing an existing residence, and one parcel for community open space. The project will also include approximately 43 parking spaces, walking paths, a community garden, a children's play area, landscaping, and stormwater facilities. The subdivision approval includes subdividing 3.379 +/-acres from City of Ithaca Parcel (Tax Parcel No. 31-2-6)which will be consolidated with Tax Parcel No. 31-2-28 and used as part of the Ama- bel subdivision. The Planning Board will also consider a recommendation to the Town of Ithaca Town Board regarding the rezoning of this property from Low Density Residential Zone to Medi- Planning Board Minutes 05-05.2015 Page 13 of 18 um Density Residential Zone. New Earth Living LLC and City of Ithaca, Owners; Sue Cosentini, Applicant; and 2. This is a Type I Action pursuant to the Town of Ithaca Code, Chapter 148 - Environmental Quality Review; and 3. At its meeting on March 18, 2014, the Planning Board proposed to establish itself as Lead Agency to coordinate the environmental review of the above-referenced actions, and on April 6, 2015, notified potential Involved and Interested agencies of its intent to serve as Lead Agency; and 4. The Planning Board, at its meeting on May 5, 2015, has reviewed and accepted as adequate a narrative describing the proposal, a copy of the Phase I Archaeological Survey for the Amabel project, prepared by the Public Archaeology Facility, dated December 8, 2014, a survey plat show- ing the proposed subdivision and consolidation of the portion of Tax Parcel No. 31:2-6 with Tax Parcel No. 31:2-28, titled "Survey Map For New Earth Living, LLC, Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller P.C., dated 12/4/2014, a Preliminary Subdivision Plat for the proposed Amabel development, titled "Subdi- vision Plat Amabel Pocket Neighborhood Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller P.C., dated 3/13/2015, a set of plans titled "New Earth Living, LLC,Amabel Pocket Neighborhood, Five Mile Drive, Town of Ithaca, Tompkins County, New York," including sheets C101-C106 and C201-C202, all prepared by T.G. Miller P.C. and dated 4/3/15, and other application materials; and 5. The Town Planning staff has recommended a negative determination of environmental signifi- cance with respect to the proposed project; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board, having received no objections from other involved agencies, establishes itself as Lead Agency to coordinate the environmental review of the above-described proposal; AND BE IT FURTHER 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 FEAF Part 1 and for the reasons set forth in the FEAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Vote Ayes:Wilcox, Collins, Beach, Fogarty, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary Subdivision Approval for the proposed Amabel subdivision located at 619 Five Mile Drive (NYS Route 13A), Town of Ithaca Tax Parcel No.'s 31-2-28 and 31-2-6 (portion thereof), Low Density Residential Zone. The proposal involves a clustered subdivision located off of Five Mile Drive consisting of 30 total lots, including 28 new single-family residential home lots, one parcel containing an existing residence, and one parcel for community open space. The project will also include approximately 43 parking spaces, walking paths, a commu- Planning Board Minutes 05-05.2015 Page 14 of 18 nity garden, a children's play area, landscaping, and stormwater facilities. The subdivision approval includes subdividing 3.379 +/-acres from City of Ithaca Parcel (Tax Parcel No. 31-2-6)which will be consolidated with Tax Parcel No. 31-2-28 and used as part of the Amabel subdivision. The Planning Board will also consider a recommendation to the Town of Ithaca Town Board regarding the rezoning of this property from Low Density Residential Zone to Medium Density Residential Zone. New Earth Living LLC and City of Ithaca, Owners; Sue Cosentini, Applicant Mr. Wilcox opened the public hearing at 9:17 p.m. Hearing no one, he closed the public hearing at 9:20 p.m. Ms. Cosentini said houses range in square footage from 1240 to 1860 and range in price from $260,000 to $380,000. Mr. Bosak noted that there has been no public opposition to this project. PB Resolution No. 2015.016: Preliminary Subdivision and Recommendation to the Town Board Regarding Proposed Rezoning, Amabel Subdivision, Tax Parcel No.'s 31.2.28 and 31-2-6 (portion thereof) Moved by Yvonne Fogarty; seconded by Hollis Erb WHEREAS- 1. This action is Consideration of Preliminary Subdivision Approval for the proposed Amabel subdivision located at 619 Five Mile Drive (NYS Route 13A), Town of Ithaca Tax Parcel No.'s 31- 2-28 and 31-2-6 (portion thereof), Low Density Residential Zone. The proposal involves a clus- tered subdivision located off of Five Mile Drive consisting of 30 total lots, including 28 new sin- gle-family residential home lots, one parcel containing an existing residence, and one parcel for community open space. The project will also include approximately 43 parking spaces,walking paths, a community garden, a children's play area, landscaping, and stormwater facilities. The subdivision approval includes subdividing 3.379 +/-acres from City of Ithaca Parcel (Tax Parcel No. 31-2-6)which will be consolidated with Tax Parcel No. 31-2-28 and used as part of the Ama- bel subdivision. The Planning Board will also consider a recommendation to the Town of Ithaca Town Board regarding the rezoning of this property from Low Density Residential Zone to Medi- um Density Residential Zone. New Earth Living LLC and City of Ithaca, Owners; Sue Cosentini, Applicant; and 2. This is a Type I Action for which the Town of Ithaca Planning Board, acting as lead agency in coordinating the environmental review with respect to this project, has on May 5, 2015, made a negative determination of environmental significance, after having reviewed and accepted as ade- quate a Full Environmental Assessment Form Part 1, submitted by the applicant, Parts 2 and 3, prepared by Town Planning staff, and other application materials; and 3. At its meeting on March 18, 2014, the Planning Board proposed to establish itself as Lead Agency to coordinate the environmental review of the above-referenced actions, and on April 6, 2015, notified potential Involved and Interested agencies of its intent to serve as Lead Agency; and Planning Board Minutes 05-05.2015 Page 15 of 18 4. The Town of Ithaca Town Board, in a resolution No. 2014-37, dated March 10, 2014, referred the petition to rezone Tax Parcel No.'s 31:2-28 and 31:2-6 (portion thereof) to the Planning Board for a recommendation and in-depth review of the development proposal; and 5. The Planning Board, at a public hearing on May 5, 2015, has reviewed and accepted as adequate a narrative describing the proposal, a copy of the Phase I Archaeological Survey for the Amabel project, prepared by the Public Archaeology Facility, dated December 8, 2014, a survey plat show- ing the proposed subdivision and consolidation of the portion of Tax Parcel No. 31:2-6 with Tax Parcel No. 31:2-28, titled "Survey Map For New Earth Living, LLC, Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller P.C., dated 12/4/2014, a Preliminary Subdivision Plat for the proposed Amabel development, titled "Subdi- vision Plat Amabel Pocket Neighborhood Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller P.C., dated 3/13/2015, a set of plans titled "New Earth Living, LLC,Amabel Pocket Neighborhood, Five Mile Drive, Town of Ithaca, Tompkins County, New York," including sheets C101-C106 and C201-C202, all prepared by T.G. Miller P.C. and dated 4/3/15, and other application materials; NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board, pursuant to Chapter 270 "Zoning", Section 270-236.H of the Town of Ithaca Code, finds that: a. There is a need for the Amabel Subdivision project in the proposed location; and b. The existing and probable future character of the neighborhood will not be adversely affected by the proposed rezoning and project development; and c. The proposed rezoning is in accordance with a comprehensive plan of development of the Town,which designates the project site as appropriate for clustered residential development; and 2. That the Town of Ithaca Planning Board recommends that the Town of Ithaca Town Board enact the proposed local law "Amending Chapter 270 of the Town of Ithaca Code, Titled `Zoning,' and the Official Map to Rezone Tax Parcels #31:2-6 (portion of) and 31.-2-28 located at 617 and 619 Five Mile Drive from Low Density Residential to Medium Density Residential"; AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board grants Preliminary Subdivision approval for the proposed subdivision of a 3.379+/-acre portion of Tax Parcel No. 31:2-6 ("Parcel A") for consol- idation with Tax Parcel No.3l:2-28, as shown on the survey map titled "Survey Map for New Earth Living, LLC Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller P.C., dated 12/4/2014, with the following conditions: a. Submission for signing by the Planning Board Chair of an original and three dark lined prints of the final subdivision plat, prior to filing in the Tompkins County Clerk's Office, and sub- mission of a receipt of filing to the Town of Ithaca Planning Department, before any building permits are issued; and Planning Board Minutes 05-05.2015 Page 16 of 18 b. Within six months of final approval, consolidation of Parcel A(3.379+/- acres)with Tax Par- cel No. 31:2-28, and submission of a copy of the consolidation request to the Town of Ithaca Planning Department; and c. Submission of a draft of the public easement indicated on the City of Ithaca document titled "Ordinance No. 2014-13," which requires, as a condition of the sale of the portion of Tax Parcel No. 31:2-6 (Parcel A), the "retention of a public easement across the sub-parcel for ac- cess by vehicles and pedestrians to the City-owned Southwest Natural Area located east of the railroad tracks bounding the sub-parcel," prior to consideration of final subdivision approval; AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board waives certain items required by the Town of Ithaca Subdivision Regulations, for Preliminary Subdivision approval, as shown on the Preliminary Sub- division Checklist, having determined from the materials presented that the waiver will result in a significant alteration of neither the purpose of subdivision control nor the policies enunciated or implied by the Town Board; and 2. That the Planning Board grants Preliminary Subdivision Approval for the proposed Amabel subdivision, as shown on the plat titled "Subdivision Plat Amabel Pocket Neighborhood Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller P.C., dated 3/13/2015, and the plans titled "New Earth Living, LLC, Amabel Pocket Neighborhood, Five Mile Drive, Town of Ithaca, Tompkins County, New York," including sheets C101-C106 and C201-C202, all prepared by T.G. Miller P.C. and dated 4/3/15, with the follow- ing conditions: a. Approval by the Town Board of the rezoning from Low Density Residential to Medium Den- sity Residential of the proposed project site as described above, prior to consideration of final subdivision approval; and b. Submission of a Full Stormwater Pollution Prevention Plan (SWPPP), including all calcula- tions, stormwater management/SWPPP and erosion and sedimentation control items noted on the memo prepared by Daniel Thaete, PE Engineering at the Town of Ithaca Public Works Department(dated 4/27/2015), prior to consideration of final subdivision approval; and c. Submission of a tree protection plan and/or revised Sheets C103-106, showing the protection of the rows of trees located along the northern and southern property boundaries, including notes on Sheets C201-202 indicating the measures taken to protect such trees during con- struction, prior to consideration of final subdivision approval; and d. Revision of Sheet C 102, Layout Plan, to show plantings along the eastern and southern prop- erty boundaries of 619 Five Mile Drive and along the northern property boundary of 621 Five Mile Drive, to screen said properties from the parking areas and potential glare of car lights, prior to consideration of final subdivision approval; and e. Submission of additional details regarding the height and dark-sky compliancy of the pro- posed lighting, prior to consideration of final subdivision approval. All lighting must meet the requirements of the Town of Ithaca Outdoor Lighting Law; and Planning Board Minutes 05-05.2015 Page 17 of 18 f. Evidence of necessary approvals by the Tompkins County Health Department on the final subdivision plat regarding the realty subdivision, before the plat is signed by the Planning Board Chair; and g. Acceptance by the Town Board of the concept and location of the proposed public water service for the project and any associated easements, before any building permits are issued; and h. Submission of details showing projected flows and capacity of the sewage pump station and describing procedures and mechanisms to handle emergency conditions during power or pump failure, subject to approval of the Town of Ithaca Public Works Department, before any building permits are issued; and L Submission and full execution of a stormwater "Operation, Maintenance, and Reporting Agreement" between the developer of the Amabel project and the Town of Ithaca, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, before any building permits are issued; and j. (i) Submission of water main easements, for review and approval by the Attorney for the Town and the Town of Ithaca Public Works Department, before any building permits are is- sued and (ii) filing of approved easements with the Tompkins County Clerk's Office, before any certificates of occupancy are issued; and k. (i) Submission of a drainage easement or other mechanism to assure the Town of Ithaca access to all stormwater facilities, satisfactory to the Attorney for the Town and Town Public Works Department, before any building permits are issued and (ii) filing of approved easements with the Tompkins County Clerk's Office, before any certificates of occupancy are issued; and 1. Submission of deed restrictions on the newly created lots along Five Mile Drive (indicated as 1, 2 and 3 on the Preliminary Subdivision Plat), restricting the construction of any driveways or curb cuts directly off of Five Mile Drive, before any building permits are issued for those lots; and m. Submission of language for cross easements or other documents necessary to guarantee cur- rent and future owners, leaseholders, and residents of all units in the subdivision access to all utilities, drainage and stormwater facilities, recreational amenities, trails, common open space, and other common or shared facilities, before application for any permit required by the Town; and n. Submission of details of size, location, design, illumination and construction materials of any proposed signs, before any building permits are issued; and o. (i) Submission of any draft cooperative proprietary leases, condominium or homeowners asso- ciation documents, or other agreements among property owners, including but not limited to suitable provisions to assure maintenance of all common utilities and facilities, satisfactory to the Attorney for the Town, before application for any permit required by the Town, and (ii) submission of the above documents as approved by New York State, satisfactory to the Attor- ney for the Town, before any certificates of occupancy are issued; and p. Submission of proof of receipt of all necessary permits from county, state, and/or federal agencies, including the NYS DOT highway work permit for a new curb cut off of Five Mile Drive, before any certificates of occupancy are issued. Planning Board Minutes 05-05-2015 Page 18 of 18 Vote Ayes: Wilcox, Collins, Beach, Fogarty, Meier Swain, Bosak, Erb AGENDA ITEM Persons to be heard - Nobody came forward to address the board. AGENDA ITEM PB Resolution No. 2018-017: Minutes of April 7, 2015 Moved by Fred Wilcox; seconded by Hollis Erb RESOLVED, the Planning Board approves the minutes of April 7, 2015, as amended. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Erb PB Resolution No. 2015-018: Minutes of April 21, 2015 Moved by Fred Wilcox; seconded by Jon Bosak RESOLVED, the Planning Board approves the minutes of April 21, 2015, as submitted. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Erb AGENDA ITEM Adjournment Upon a motion by Ms. Fogarty, the meeting adjourned at 9:39 p.m. Respectfully submitted. / /a AL ( VDebra DeAugiklnc, JDeputy Town^erk