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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 M KEU EY NOAn of�VOYORL .011IM2" UYLER COW7 m MAY l7,ZQ 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