HomeMy WebLinkAboutPB Minutes 2021-05-18 TOWN OF ITHACA PLANNING BOARD
Shirley A. Raffensperger Board Room, Town Hall
215 North Tioga Street
Ithaca,New York 14850
Tuesday, May 18,2021
Because of the Novel Coronavirus(COVID-19),the Town of Ithaca Planning Board Meeting scheduled
for May 18,2021 will be held electronically via Zoom,instead of a public meeting open for the public
to attend in person. Members of the public may listen to(call in on cell or landline: (929)436-2866 and
enter the Meeting ID: 675 059 3272)or view(by computer go to httl)s://zoom.us/i/6750593272) the
Board meeting through Zoom.
AGENDA
7:00 P.M. Continuation of SEQR Determination: Research Plot Remediation and Restoration Project,
Cornell University Resource Ecology Management Complex, 139 Ecology Drive.
7:00 P.M. PUBLIC HEARING: Continuation of consideration of Special Permit for the proposed
Research Plot Remediation and Restoration Project at the Cornell University Resource
Ecology Management Complex located at 139 Ecology Drive, Town of Ithaca Tax Parcel
No. 63.-1-10, Low Density Residential Zone and Planned Development Zone No. 9. The
proposal involves excavation of approximately 10,000 square feet of soil, at a depth of 18
inches,to remove Phragmites and rhizomes. Excavated soils will be replaced with a
combination of gravel and topsoil to restore the area back to level field soils. Excavated
material will be deposited on a field on Game Farm Road in the Town of Dryden (Tax Parcel
No. 56.-5-33). Cornell University, Owner/Applicant; Brian Fish, Associate Director for
Capital Projects,CALS.
3. Persons to be heard.
4. Approval of Minutes: May 4, 2021
5. Other Business
6. Adjournment
Susan Ritter
Director of Planning
273-1747
NOTE: IF ANY MEMBER OF THE PLANNING BOARD 1S UNABLE TO ATTEND,PLEASE NOTIFY
SANDY POLCE AT 273-1747 or SPOLCE(a)TOWN.ITHACA.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(http://www.town.ithaca.nv.us/meeting-agendas).
TOWN OF 1THACA PLANNING BOARD
NOTICE OF PUBLIC HEARINGS
Tuesday, May 18,2021
By direction of the Chairperson of the Planning Board,NOTICE IS HEREBY GIVEN that a Public Hearing
will be held electronically by the Planning Board of the Town of Ithaca on Tuesday, May 18, 2021, at the
following time and on the following matter:
7:00 P.M. Continuation of consideration of Special Permit for the proposed Research Plot Remediation
and Restoration Project at the Cornell University Resource Ecology Management Complex
located at 139 Ecology Drive, Town of Ithaca Tax Parcel No. 63.-1-10, Low Density
Residential Zone and Planned Development Zone No.9. The proposal involves excavation
of approximately 10,000 square feet of soil,at a depth of 18 inches,to remove Phragmites and
rhizomes. Excavated soils will be replaced with a combination of gravel and topsoil to restore
the area back to level field soils. Excavated material will be deposited on a field on Game
Farm Road in the Town of Dryden (Tax Parcel No. 56.-5-33). Cornell University,
Owner/Applicant; Brian Fish, Associate Director for Capital Projects, CALS.
Because of the Novel Coronavirus(COVID-19),the Town of Ithaca Planning Board Meeting scheduled for
May 18,2021 will be held electronically via Zoom, instead of a public meeting open for the public to attend
in person. Members of the public may listen to (call in on cell or landline: (929) 436-2866 and enter the
Meeting ID: 675 059 3272)or view(by computer go to https:/.'zoom.us/j/6750593272) the Board meeting
through Zoom.
Said Planning Board will at said time 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, May 10,2021
Publish: Wednesday, May 12, 2021
TOWN OF ITHACA
AFFIDAVIT OF POSTI_NG 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 Planninp, Board in the Town of
Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York, on Tuesday, May 18, 2021
commencing at 7:00 P.M., as per attached.
Location of Sign Board used for Posting: Town Clerk Sign Board 215 North Tio a Street.
Date of Posting: May 10, 2021
Date of Publication: May 12, 2021
�., A
Sandra Polce, Senior Typist
Town of Ithaca
STATE OF NEW YORK) SS:
COUNTY OF TOMPKINS)
Sworn to and subscribed before me this 12'h day of May 2021.
Notary Public
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WEDNESDAY, MAY 12, 2021 1 THE ITHACA JOURNAL
TOW_ NOF ITHACA PLANNING BOARD
NOTICE OF PUBLIC HEARINGS
Tuesday, May 18 2021
By direction of the Chairperson of the Planning Board,
NOTICE 15 HEREBY GIVEN that a Public Hearing will be
held electronically by the Planning Board of the Town of
Ithaca on Tuesday, May 18, 2021, at the following time
and on the following matter:
7:00 P.M. Continuation of consideration of Spe
tial Permit for the proposed Research Plot Remediation
and Restoration Project at the Cornell University Resource
Ecology Management Complex located at 139 Ecology
Drive, Town of Ithaca Tax Parcel No, 63.-1-10, Low Density
Residential Zone and Planned Development Zone No. 9.
The proposal involves excavation of approximately 10,000
square feet of soil, at a depth of 18 inches, to remove
Phragmites and rhizomes. Excavated soils will be replaced
with a combination of gravel and topsoil to restore the
area back to level field soils. Excavated material will be
deposited on a field on Game Farm Road in the Town of
Dryden (Tax Parcel No, 56.-5-33). Cornell University,
Owner/Applicant; Brian Fish, Associate Director for Capi-
tal Projects, CALS.
Because of the Novel Coronavirus (COVID-19), the Town
of Ithaca Planning Board Meeting scheduled for May 18,
2021 will be held electronically via Zoom, instead of a
public meeting open for thepublic to attend in person.
Members of the public may isten to (call in on cell or
landline: (929) 436-2866 and enter the Meeting ID: 675
059 3272) or view(by computer go to https://zoom.Us/i/67
50593272)the Board meeting through Zoom.
Said Planning Board will at said time and said place hear
all persons in support of such matters or objections there-
to_ Persons may appear by agent or in person, Individu-
als with visual Impairments, hearing impairments or other
special needs, will be provided with assistance as necessa-
ry, 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, May 10, 2021
Publish:Wednesday, May 12,2021
TOWN OF ITHACA PLANNING BOARD
Tuesday, May 18, 2021
Due to the extension of Governor Cuomo's Executive Order(s) suspending certain aspects of Open
Meetings Law for health and safety reasons, the meeting was held virtually via the ZOOM platform.
Minutes
Board Members Present: Members Liebe Meier Swain, Chair; Yvonne Fogarty, Greg Lindquist,
Jamie Vanucchi, Cindy Kaufman, Margaret Johnson, Ariel Casper, and Fred Wilcox
Town Staff. Sue Ritter, Director of Planning; Chris Balestra, Planner; Marty Mosely, Director of
Code Enforcement; Becky Jordan, Deputy Town Clerk;
Ms. Meier Swain opened the meeting at 7:00 p.m.
1. Continuation of consideration of Special Permit for the proposed Research Plot Remediation
and Restoration Project at the Cornell University Resource Ecology Management Complex
located at 139 Ecology Drive, Town of Ithaca Tax Parcel No. 63.-1-10, Low Density
Residential Zone and Planned Development Zone No. 9. The proposal involves excavation of
approximately 10,000 square feet of soil, at a depth of 18 inches, to remove Phragmites and
rhizomes. Excavated soils will be replaced with a combination of gravel and topsoil to restore
the area back to level field soils. Excavated material will be deposited on a field on Game Farm
Road in the Town of Dryden(Tax Parcel No. 56.-5-33). Cornell University, Owner/Applicant;
Brian Fish, Associate Director for Capital Projects, CALS.
Mr. David Cutter(Cornell University) shared a presentation on the project.
Ms. Fogarty had concerns about the mess that exists on the area now around the top of the
excavation site; there is clearly research going on over there and near the wetlands, there are a lot of
empty pots and she thinks that should be cleaned up before any trucks enter the site.
Mr. Cutter resumed the presentation, showing the 10,000 sqft area they are proposing to work on.
There will be approximately 555 cubic yards excavated and filled with a mix of gravel and topsoil
and the excavated material moved to the disposal site on Game Farm Road.
He showed a fact sheet on the process for the disposal and ensuring that it doesn't continue to grow,
and the trucks will not be overfilled and will be covered.
Mr. Cutter asked the Board if there were any other questions
Ms. Liebe Swain stated that the materials submitted were very clear and complete.
Mr. Wilcox asked Ms. Balestra if she had heard from the Town of Dryden and she responded that
she had reached out multiple times but had not heard back from anyone.
PB 2021-05-18 (Filed 6/18) Pg. 1
Mr. Wilcox stated that he was disappointed with the Town of Dryden for not caring about invasive
species being dumped in their town and not bothering to express any of there concerns or
comments.
Ms. Fogarty asked about her concern with the empty pots.
Ms. Meier Swain asked if that was something that could be addressed under this action.
Ms. Brock responded that in this type of scenario, the Board would ask the applicant for assurances
that it would be picked up, but not make it part of the conditions of this action. She asked Mr. Cutter
if that would be possible.
Mr. Cutter responded that he had talked with Cornell staff and they had indicated that they would
clean the area up and now that Ms. Fogarty had clarified the location of concern, he would relay
that to staff.
Ms. Meier Swain turned to the SEQR form.
SEQR DETERMINATION
Ms. Brock had suggested changes to the SEQR form to encompass the entire project, including the
area in the Town of Dryden and clarifying that a fill permit is not needed as it is included in the
Special Permit and that the Town of Dryden was not requiring any approvals.
The Board approved the changes expressed. Moved by Mr. Casper, seconded by Ms. Kaufman,
unanimous.
Ms. Brock and Ms. Balestra had suggested changes to the resolution to mimic the changes on the
SEQR form and identify the memo of additional information addressing questions from the Board
at the previous meeting and submitted by the applicant.
PB Resolution 2021 —013: SEQR
Special Permit
Cornell Research Plot Remediation & Restoration Project
Tax Parcel No. 61-1-10
May 18,2021
Whereas:
1. This action is the consideration of Special Permit for the proposed Research Plot Remediation
and Restoration Project at the Cornell University Resource Ecology Management Complex
located at 139 Ecology Drive, Town of Ithaca Tax Parcel No. 63.-1-10, Low Density
Residential Zone and Planned Development Zone No. 9. The proposal involves excavation of
approximately 10,000 square feet of soil, at a depth of 18 inches, to remove Phragmites and
rhizomes. Excavated soils will be replaced with a combination of gravel and topsoil to restore
the area back to level field soils. Excavated material will be deposited on a field on Game Farm
PB 2021-05-18 (Filed 6/18) Pg. 2
Road in the Town of Dryden(Tax Parcel No. 56.-5-33). Cornell University, Owner/Applicant;
Brian Fish, Associate Director for Capital Projects, CALS;
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 Special Permit;
3. The Planning Board, on May 18, 2021, has reviewed and accepted as adequate a narrative, dated
May 12, 2021, that provides supplemental information requested by the Board at the May 4,
2021 meeting, a Short Environmental Assessment Form(EAF) Part 1, submitted by the
applicant, Parts 2 and 3 prepared by Town Planning staff, an aerial location map, a letter to
David O'Shea, dated March 30, 2021, and associated packet of Basic SWPPP application
materials and maps, a memo to David O'Shea and Marty Moseley, dated April 2, 2021,
containing additional materials related to the project; and other application materials; and
4. The Town Planning staff has recommended a negative determination of environmental
significance 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.
Moved: Yvonne Fogarty Seconded: Jamie Vanucchi
Vote: ayes—Wilcox, Kaufman, Meier Swain, Johnson, Lindquist Fogarty and Vanucchi
Public Hearing
There was no one wishing to address the Board on the project and the hearing was closed.
Special Permit Determination
Ms. Brock had suggested changes to the draft resolution to incorporate the changes to the SEQR
form and resolution. It was determined that the cleanup of the pots that were a concern of Ms.
Fogarty's would not be a condition,but would be cleaned up by the applicant prior to the project
beginning.
PB Resolution: 2021 —014: Special Permit
Cornell Research Plot Remediation & Restoration Project
Tax Parcel No. 63.-1-10
May 18, 2021
Whereas:
5. This action is consideration of Special Permit for the proposed Research Plot Remediation and
Restoration Project at the Cornell University Resource Ecology Management Complex located
at 139 Ecology Drive, Town of Ithaca Tax Parcel No. 63.-1-10, Low Density Residential Zone
PB 2021-05-18 (Filed 6/18) Pg. 3
and Planned Development Zone No. 9. The proposal involves excavation of approximately
10,000 square feet of soil, at a depth of 18 inches, to remove Phragmites and rhizomes.
Excavated soils will be replaced with a combination of gravel and topsoil to restore the area
back to level field soils. Excavated material will be deposited on a field on Game Farm Road in
the Town of Dryden (Tax Parcel No. 56.-5-33). Cornell University, Owner/Applicant; Brian
Fish, Associate Director for Capital Projects, CALS;
6. 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 May 18, 2021, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts
2 and 3 prepared by Town Planning staff, and
7. The Planning Board, at a Public Hearing held on May 18, 2021, reviewed and accepted as
adequate a narrative, dated May 12, 2021, that provides supplemental information requested by
the Board at the May 4, 2021 meeting, an aerial location map, a letter to David O'Shea, dated
March 30, 2021, and associated packet of Basic SWPPP application materials and maps, a
memo to David O'Shea and Marty Moseley, dated April 2, 2021, containing additional
materials related to the project; and other application materials; now, therefore, be it
Resolved:
1. That the Planning Board hereby finds that the standards of Article XXVI Section 270-217,
Subsection E, of the Town of Ithaca Code, have been met, specifically that the distance of the
operation is located far enough from neighboring property and public ways that the possible
detriment of such use to the future development of the land in question will not pose significant
nuisance or detriment of the operation to neighboring landowners and to the community as a
whole; and
2. That the Planning Board hereby finds that the special permit standards of Article XXIV Section
270-200, Subsections A—H, of the Town of Ithaca Code, have been met, specifically that:
A. The project will be suitable for the property on which it is proposed, considering the
property's size, location, and physical site characteristics.
• The Phragmites research project has existed on the property for many years. The property's
physical site characteristics, size, and location adjacent to NYS Route 366 and near Cornell
campus are purposely intended to accommodate agricultural research that includes
planting/depositing research materials, studying the materials, and, upon completion of
research, excavating and removing materials.
B. The proposed structure design and site layout are compatible with the surrounding area.
• There are no proposed new structures,but the site layout includes a 4-foot berm around the
research area, surrounded by vegetation that screens the project from adjacent uses.
C. Operations in connection with the proposed use do not create any more noise, fumes,
vibration, illumination, or other potential nuisances than the operation of any permitted use in
the particular zone.
PB 2021-05-18 (Filed 6/18) Pg. 4
• The proposed use is in a Planned Development Zone, which permits a variety of agricultural
and educational uses. The project will create temporary noise,but nothing that would be out
of character with noise associated with an agricultural use (farm uses include tractors,
combines, chainsaws, and other loud farm equipment when a farm is in operation).
D. Community infrastructure and services, such as police, fire and other protective services,
roadways, schools, and water and sewer facilities are currently, or will be, of adequate capacity
to accommodate the proposed use.
• There are no changes to existing infrastructure and services. All infrastructure to
accommodate the use is in place and is of adequate capacity.
E. The proposed use, structure design, and site layout will comply with all the provisions of the
Town Code and with the Town of Ithaca Comprehensive Plan.
F. The site layout, with proposed vehicular,bicycle and pedestrian access, traffic circulation, and
parking and loading facilities, is sufficient for the proposed use and is safely designed for
emergency vehicles.
• There is an existing paved entrance and parking area to access the site that is also safely
designed for emergency vehicles. The layout is adequate for the anticipated truck traffic
associated with the excavation. The East Ithaca Recreation Way borders the property and
offers opportunities for bicycle and pedestrian access to the site for researchers and
university staff. The property is not a public property, so there is no need to provide access
to the public.
G.The project includes sufficient landscaping and/or other forms of buffering to protect
surrounding land uses. Existing vegetation is preserved to the extent possible.
• There are no changes to existing vegetation, other than the removal of the phragmites plot
and vegetation immediately around the plot. The site includes a 4-foot berm surrounded by
vegetation that screens the property from surrounding land uses.
H.To the extent deemed relevant by the Planning Board, the proposed use or structure complies
with all the criteria applicable to site plan review set forth in Chapter 270, Zoning.
• Site Plan approval is not required with Special Permit when associated with a fill permit.
This criterion is not applicable to the project.
3. That the Planning Board hereby grants Special Permit for the proposed Research Plot
Remediation and Restoration Project at the Cornell University Resource Ecology
Management Complex, with the following conditions:
a. Revision of the Basic Stormwater Pollution Prevention Plan to include the notes in
the memo written by Joe Slater, Director of Public Works and Justin McNeal, Civil
Engineer, dated 4/20/2021;
b. Submission to the Town Public Works Department of a copy of the Highway Work
Permit (if required) from the Tompkins County Highway Department for trucking
materials on Pine Tree Road.
Moved: Greg Lindquist Seconded: Yvonne Fogarty
Vote: ayes—Wilcox, Kaufman, Meier Swain, Johnson, Lindquist Fogarty and Vanucchi
PB 2021-05-18 (Filed 6/18) Pg. 5
2. Persons to be Heard None
3. Approval of Minutes - May 4, 2021 — pulled
4. Other Business
Ms. Balestra reviewed the June I" meeting for the CU Multidisciplinary Building
Adjournment
Meeting was adjourned at 7:31 p.m. upon a motion by Ms. Fogarty, seconded by Ms. Meier Swain.
Submitted by
Paulette Rosa, Town Clerk
PB 2021-05-18 (Filed 6118) Pg, 6