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HomeMy WebLinkAboutPB Minutes 2021-10-05 TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca,New York 14850 Tuesday, October 5,2021 Due to COVID-19 and the NYS Legislation allowing virtual meetings,the meeting will be held via the Zoom audio/visual application with no in-person attendance permitted. Members of the public may listen to(call in on cell or landline: (929)436-2866 and enter the Meeting ID: 836 4376 4382) or view(by computer https://us06web.zoom.us/i/83643764382)the Board meeting through Zoom. AGENDA 7:00 P.M. PUBLIC HEARING: Consideration of Final Subdivision approval for the proposed 3-lot subdivision located at 519 Elm Street Extension,Town of Ithaca Tax Parcel No. 29.-7-12.42,Medium Density Residential Zone. The project involves subdividing the 8.2-acre parcel into three lots (Parcel A-1 is 2.51 acres,Parcel A-2 is 3.58 acres,and Parcel A-3 is 2.11 acres). The project will also involve a private shared access road to serve the new parcels and an existing parcel, stormwater facilities, and connections to public water and sewer facilities. David and Sarah Locke Mountin, Owners/Applicants. 7:15 P.M. SEQR Determination: Alden-Baer Subdivision, 235 &239 Dubois Road. 7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 235 and 239 Dubois Road, Town of Ithaca Tax Parcel No.'s 22.-2-1.313 and 22.-2- 1.312, Low Density Residential Zone. The proposal involves subdividing 0.186+/-acres from the east side of 235 Dubois Road,which will then be consolidated with 239 Dubois Road. Barbara Alden and Ellen Baer, Owners/Applicants. 7:30 P.M. SEQR Determination: Cornell University New Experimental Hall at Wilson Laboratory, Synchrotron Drive. 7:30 P.M. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and Special Permit for the proposed Cornell University New Experimental Hall at Wilson Laboratory,located on Synchrotron Drive,Town of Ithaca Tax Parcel No. 63.-1-8.1,Low Density Residential Zone. The proposal involves the construction of a 2-story,+/- 15,869 square foot building on the west side of Wilson Laboratory. The project will also include a new 20' wide paved access path and turnaround, seating areas along Cascadilla Creek,bicycle racks, bioretention facilities, slope drainage improvements, and native plantings. Cornell University, Owner/Applicant; Kimberly Michaels,Trowbridge Wolf Michaels Landscape Architects,Agent. 6. Persons to be heard. 7. Approval of Minutes: July 20, 2021,August 3,2021, and August 17, 2021 8. Other Business 9. Adjournment Susan Ritter Director of Planning 273-1747 NOTE:IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY CHRIS BALESTRA AT 273-1747 or CBALESTRA(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 ITHACA aJ (-1 > 215 N. Tioga Strut, Ithaca, N.Y. 14850 ❑' ❑ www.town.ithamny.us E YO ■ AFFIDAVIT OF SERVICE BY MAIL. AND POSTING & PUBLICATION STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I, Abby Homer, Administrative Assistant for the Town of Ithaca being; duly sworn, depose and say, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 28" day of September 2021, deponent served the within Notice upon the property owners within 500 ft. of the properties identified below: Tax Parcel 29.-7-12.42 Final Subdivision Approval for the proposed 3-lot subdivision located at 519 Elm Street Extension. Tax Parcel #22.-2-1.313 & 22.-2-1.312 Preliminary and Final Subdivision Approval for the proposed subdivision located at 235 and 239 Dubois Road. "Tax Parcel #. 63.4-&1 Preliminary Site Plan Approval and Special Permit for the proposed Cornell University New Experimental Hall at Wilson Laboratory, located on Synchrotron Drive. By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York, and that the attached notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on September 281", 2021, and the notice has been duly published in the official newspaper,Ithaca Journal on September 291h 2021.. Abby l- , Administrative Assistant Sworn to before me on 112.1 , 2021. Notary Pu i E . JORDAN NOTARY PUBLIC-STATE OF NEW YORK No, OI J0 1 b 81 OuWffl d In Tompkins County Ithacajournal.com I WE NE DA`f,SEPTEMBER 29,,2021 calPublic Notices # ; Y MA TO'VVN QF ITHACA PLANNING BOARD _F`LJB1.1CHICAFCIIWI NrIC NI The Planning Board will hold public heairings on Tcnesday, October 5, 2�i21, at the following times and on the fol lowing matters.. 7a10 P.M Consideration of Final Subdivision ap- proval for the proposed 3-lot subdivision located at 519 Elm Street Extension, Town of Ithaca Tax Parcel No. 29. 7,, 12.42, Medlurn Density Residential Zone. The project In- volves subdividing the B.2-acre Is Into three lots (Par- cel A-1 is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A d is 2.11 acres). The project will also involve a private shared access road to serve the new parcels and an exist- ing parcel, stormwaater facilities, and connections to p ub.. I lic water and suer facilities. David .and Sarah Locke Mountln,Owners/Apapalicants,. 7.15 P. , Consideration of Preliminary and Final Subdivision Approval for the paropzoseed .subdivision locat- ed at 235 and 239 Dubois Road, Town of Ithaca Tax Parcel No.'s 22.-2-1.B1B and 22.-2-1.812, Low Density Residential Zone. The proposal Involves subcdividlng o.1Bis +iw acres from the east side of 235 Dubois Road, whroich will then be consolidated with 239 Dubois Road. Barbara Alden and r Ellen Baer, Owners/Applicants. I 17:30 P.M. Consideration of Preliminary Site Plan Apra .oval and Special Permit for the proposed Cornell Lin verslty New Experimental Hall at Wilson Laboratory, € located on Synchrotron Drive, Town of Ithaca Tax Parcel No.63.-1-&1, Low Density Residential Zone. The proposal involves the construction of a 2-story, +/- 15,865 square foot building on the west side of Wilson Laboratory. The a prreaiect will also include a new 20'wide paved access path an turnaround, seating areas along Cascadilla Creek, bi- cycle racks, bioretention facilities, slope drainage im- provements, and native plantings. Cornell University, Owner/Applicant; Kimberly Michaels, Trowbridge 'wolf Michaels Landscape Architects;Agent. Due to Ct VID-1+9 and the NYS legislation allowing virtual rnea tin s, the meeting will be held via the Zoom auediopvsual application with no In-person attendance permitted. Zoom Meeting ID 836 4376 4,382. Call in (929) 436-286E. Any person wishing to address the board will be heard. In addition, comments can be sent:via email to townclerketown.1thacamy.us up to the end of business the cda of than meeting and all comments will be 'for- ? warde to the board. Additional Information is availa- ble at vPArw.tovwn.ithaca.ny.us. Susan Ritter, Director of Planning g®29/202 I TOWN OF ITHACA PLANNING BOARD October 5, 2021 MINUTES Board Member Present: Liebe Meier Swain, Chair; Members Cindy Kaufman, Greg Lindquist, Ariel Casper, Margaret Johnson and Yvonne Fogarty. Absent: Fred Wilcox Town Staff: Paulette Rosa, Town Clerk; Susan Brock, Attorney for the Town; Lorraine Moynihan Schmidt, Attorney for the Town; Chris Balestra, Planner; Sue Ritter, Director of Planning; Marty Mosely, Director of Code Enforcement; David O'Shea, Engineering; Becky Jordan, Deputy Town Clerk Ms. Meier Swain opened the meeting at 7:00 p.m. Agenda Item 1 Consideration of Final Subdivision approval for the proposed 3-lot subdivision located at 519 Elm Street Extension, Town of Ithaca Tax Parcel No. 29.-7-12.42, Medium Density Residential Zone. The project involves subdividing the 8.2-acre parcel into three lots (Parcel A-1 is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2.11 acres). The project will also involve a private shared access road to serve the new parcels and an existing parcel, stormwater facilities, and connections to public water and sewer facilities. David and Sarah Locke Mountin, Owners/Applicants. Mr. Mountin stated that since the preliminary approval from this Board, the project has gone through the Zoning Board process and received the variances needed and the SWPPP approvals have been received and the Ithaca Fire Department has approved the road access for emergency vehicles. Public Hearing Ms. Meier Swain open the public hearing at 7:03 p.m. There were no members of the public wishing to address the board and the public hearing was closed at 7:04 p.m. PB RESOLUTION 2021-024: Final Subdivision Approval Mountin Subdivision 519 Elm Street Ext Tax Parcel No. 29.-7-12.42 Town of Ithaca Planning Board, October 5, 2021 WHEREAS: 1. This is consideration of Final Subdivision approval for the proposed 3-lot subdivision located at 519 Elm Street Extension, Town of Ithaca Tax Parcel No. 29.-7-12.42, Medium Density Residential Zone. The project involves subdividing the 8.2-acre parcel into three lots (Parcel A-1 is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2.11 acres). The project will also involve a private shared access road to serve the new parcels and an existing parcel, PB 2021-10-05(Filed 10/25) Pg. 1 stormwater facilities, and connections to public water and sewer facilities. David and Sarah Locke Mountin, Owners/Applicants; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an uncoordinated environmental review with respect to the project on March 16, 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 the Town Planning staff; 3. The Planning Board, following a public hearing on March 16, 2021, granted preliminary subdivision approval, after reviewing and accepting as adequate a subdivision plat titled "Preliminary Subdivision Map Showing Part of Lands of David Mountin & Sarah Locke Mountin, Located on Elm Street Extension, Town of Ithaca, Tompkins County,New York," prepared by T. G. Miller P.C., dated 1/12/2018 and most recently amended 3/4/2021, along with a set of plans titled"519 Elm Street Subdivision,"prepared by Stephen John Arthur Maybee, LPE, dated March 2, 2021, including Sheet S-1 titled"Preliminary Site Plan Plat Subdivision," Sheet S-2 titled"Site Plan Utility Layout," Sheet S-3 titled "Water& Sewer Details 1," Sheet S-4 titled"Sanitary Sewer Details," Sheet SW-1 titled "Grading and Stormwater Utility Plan," Sheet SW-2 titled "Erosion& Sedimentation Control Plan," Sheet SW-3 titled"Erosion& Sedimentation Control Details," Sheet SW-4 titled"Road Profile," and Sheet SW-5 titled"Culvert and Swale Capacity Worksheet," and other application materials; and 4. The Planning Board, on October 5, 2021, has reviewed and accepted as adequate a revised subdivision map titled"Final Subdivision Map, Showing Part of Lands of David Mountin & Sarah Locke Mountin, Located on Elm Street Extension, Town of Ithaca, Tompkins County, New York,"prepared by T. G. Miller P.C., dated 1/12/2018 and most recently amended 8/12/2021, along with set of revised plans titled"519 Elm Street Subdivision,"prepared by Stephen John Arthur Maybee, LPE, including Sheets S-1 through S-4, dated August 17, 2021 (Sheets S-2 and S-3 most recently revised on 9/01/2021), and Sheets SW-1 through SW-5, dated August 17, 2021, and other application materials: NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Final Subdivision Approval for the proposed Mountin 3- Lot Subdivision, as shown on the plans noted in Whereas #4 above, subject to the following conditions: a. Before the issuance of any building permits, filing of this Planning Board resolution in the Tompkins County Clerk's Office, indexed to all relevant lots, and submission to the Planning Department of proof of such filing, b. Before the issuance of any building permits, acceptance by the Town Board, and completion and dedication to the Town, of the sanitary sewer line and related infrastructure to be conveyed to the Town, PB 2021-10-05(Filed 10/25) Pg. 2 c. Before the issuance of any building permits, approval by the Town Board, full execution and filing of a 20' wide sanitary sewer easement(s) granted by the applicant and the relevant property owner on the northern half of Elm Street Extension to the Town of Ithaca for the maintenance and access to the sewer infrastructure; such easement shall be satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, d. Before the issuance of any building permits, approval by the Town Board, full execution and filing of a water easement granted by the applicant to the Town of Ithaca for the maintenance and access to the water infrastructure; such easement shall be satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, e. Before the issuance of any building permits, submission of proof that a fire flow test has been conducted to verify that there is a water supply capable of supplying the required fire flow for fire protection purposes, pursuant to Section 507.1 of the NYS Fire Code, f. Before the issuance of any building permits, receipt of a Town Highway Work Permit for all work within the Town right-of-way, g. Before the issuance of any building permits, submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the approved final subdivision plat, prior to filing with the Tompkins County Clerk Office, and submission of a copy of the receipt of filing to the Town of Ithaca Planning Department, h. Prior to the conveyance of any lot in this subdivision or the lot shown as Tax Map No. 29-7-12.43, filing of restrictive covenants (reviewed and approved by the Attorney for the Town) for these four lots that run with the land and that specify the four lot owners' maintenance and repair/replacement responsibilities for the shared private drive and for the stormwater facilities that serve more than one lot, and i. As deemed necessary by the Attorney for the Town to assure that each of the relevant lots has access to (i) every part of the shared driveway, and (ii) all stormwater, water, and sewer infrastructure serving the relevant lot, upon the initial conveyance of each lot, filing in the Tompkins County Clerk's Office of the necessary access and/or utility easements that have been approved by the Attorney for the Town; such filing shall be made at the time of the recording of the deed for the conveyed lot, and proof of such filing shall be submitted to the Planning Department within 5 days of the filing. Moved: Ariel Casper Seconded: Greg Lindquist Vote: ayes—Meier Swain, Kaufman, Lindquist, Casper, Johnson, Fogarty Agenda Item 2 Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 235 and 239 Dubois Road, Town of Ithaca Tax Parcel No.'s 22.-2-1.313 and 22.-2-1.312, Low Density Residential Zone. The proposal involves subdividing 0.186 +/- acres from the east side of 235 Dubois Road, which will then be consolidated with 239 Dubois Road. Barbara Alden and Ellen Baer, Owners/Applicants. PB 2021-10-05(Filed 10/25) Pg. 3 Ms. Fogarty and Mr. Casper stated that they are acquaintances with the applicant but do not feel that will influence their determination here. Ms. Alden was present to answer any questions and stated that she had nothing to add to her cover letter to the Board. SEQR Determination Ms. Fogarty had a comment about stormwater discharge and Ms. Balestra noted that this is subdivision with no development being proposed so the answer of no is appropriate. Ms. Fogarty suggested adding clarity in the "brief description of proposed action"making the sentence, move property lines that would result in 235 Dubois Road to be decreased to approximately 24, 925 sq ft (1/2 acre) from 30,056 sq ft. Ms. Brock stated Area Variance needs to be added as approval needed on SEQR form page 1 number 2. PB RESOLUTION 2021- 025: SEQR Preliminary and Final Subdivision Approval Alden-Baer Subdivision/Consolidation 235 & 239 Dubois Road Tax Parcel No.'s 22.-2-1.313 and 22.-2-1.312 Town of Ithaca Planning Board, October 5, 2021 WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 235 and 239 Dubois Road, Town of Ithaca Tax Parcel No.'s 22.-2- 1.313 and 22.-2-1.312, Low Density Residential Zone. The proposal involves subdividing 0.186 +/- acres from the east side of 235 Dubois Road, which will then be consolidated with 239 Dubois Road. Barbara Alden and Ellen Baer, Owners/Applicants; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoordinated environmental review with respect to the project; 3. The Planning Board on October 5,2021,has reviewed and accepted as adequate a narrative, a subdivision plat entitled "Lands of Barbara Alden Guttridge & Ellen Baer, 235 & 239 Dubois Road, Town of Ithaca, Tompkins County, New York State,"prepared by R. James Stockwin, PLS, dated August 28, 2021, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; PB 2021-10-05(Filed 10/25) Pg. 4 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, an Environmental Impact Statement will not be required. Moved: Yvonne Fogarty Seconded: Ariel Casper Vote: ayes—Meier Swain, Kaufman, Lindquist, Casper, Johnson, Fogarty Public Hearing Ms. Meier Swain open the public hearing at 7:14 p.m. There were no members of the public wishing to address the board and the public hearing was closed at 7:15 p.m. Determination The Board had no questions or comments on the action. PB RESOLUTION 2021-026: Preliminary and Final Subdivision Approval Alden-Baer Subdivision/Consolidation 235 & 239 Dubois Road Tax Parcel No.'s 22.-2-1.313 and 22.-2-1.312 Town of Ithaca Planning Board, October 5, 2021 WHEREAS: 5. This is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 235 and 239 Dubois Road, Town of Ithaca Tax Parcel No.'s 22.-2- 1.313 and 22.-2-1.312, Low Density Residential Zone. The proposal involves subdividing 0.186+/- acres from the east side of 235 Dubois Road, which will then be consolidated with 239 Dubois Road. Barbara Alden and Ellen Baer, Owners/Applicants, 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 October 5, 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 the Town Planning staff, and 7. The Planning Board on October 5, 2021,has reviewed and accepted as adequate a narrative, subdivision plat entitled"Lands of Barbara Alden Guttridge & Ellen Baer, 235 & 239 Dubois Road, Town of Ithaca, Tompkins County, New York State,"prepared by R. James Stockwin, PLS, dated August 28, 2021, and other application materials; NOW THEREFORE BE IT RESOLVED: PB 2021-10-05(Filed 10/25) Pg. 5 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such 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 hereby grants Preliminary and Final Subdivision Approval for the proposed Alden-Baer Subdivision, as shown on the plat noted in Whereas #3 above, subject to the following conditions: j. Receipt of any necessary variances from the Zoning Board of Appeals, k. Submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the approved final subdivision plat, prior to filing with the Tompkins County Clerk Office, and submission of a copy of the receipt of filing to the Town of Ithaca Planning Department, 1. If deemed necessary by the Attorney for the Town, submission of a revised "Declaration of Shared Easement and Maintenance Agreement" for the shared driveway that is associated with the three lots, and in. Within six months of this approval, consolidation of the 0.186+/- acres from 235 Dubois Road (Tax Parcel No. 22.-2-1.313)with 239 Dubois Road(Tax Parcel No. 22.-2-1.312), and submission to the Planning Department of a copy of the completed Tompkins County Assessment Department Consolidation Request Form. Motion: Greg Lindquist Seconded: Cindy Kaufman Vote: ayes—Meier Swain, Kaufman, Lindquist, Casper, Johnson, Fogarty Agenda Item 3 Consideration of Preliminary Site Plan Approval and Special Permit for the proposed Cornell University New Experimental Hall at Wilson Laboratory, located on Synchrotron Drive, Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone. The proposal involves the construction of a 2-story, +/- 15,869 square foot building on the west side of Wilson Laboratory. The project will also include a new 20' wide paved access path and turnaround, seating areas along Cascadilla Creek,bicycle racks,bioretention facilities, slope drainage improvements, and native plantings. Cornell University, Owner/Applicant; Kimberly Michaels, Trowbridge Wolf Michaels Landscape Architects, Agent. Ms. Brock recused herself from the meeting due to her spouse's involvement with this project. Ms. Balestra introduced Lorraine Moynihan Schmitt, Attorney for the Town for this project. Ms. Michaels shared a presentation. She showed the basic location and layout with the primary entrance at the Pine Tree Rd and Dryden Rd intersection on Synchrotron Drive. The building PB 2021-10-05(Filed 10/25) Pg. 6 can't go anywhere else due to the need to be adjacent to the underground synchrotron ring and how the science has to happen. The xrays come from the ring into the experimental spaces and that is what is driving the location,height and other factors of the development. Ms. Carney, University Architect, introduced researchers Dr. Joel Brock and Dr. Ernest Fontes and gave a history of the project. This project is under a$33M grant from the National Science Foundation with the goal is to increase the impact of Wilson lab and the work that can be done there and create the strongest magnetic in the world and the number one leading x-ray facility for studying materials in the world for studies of materials under extreme magnetic fields. Ms. Carney went through detailed views and specifications of the buildings which were in the packet. Ms. Michaels went through the variances and permits from the various levels of government that are going to be needed, noting that the hope is to begin construction in the Spring of 2022, and it will take 2 years to complete. SEAR Determination Ms. Fogarty pointed out that the Town of Ithaca should be added on page 2, as an identified Agency. Ms. Fogarty noted that page 4, under project operations, there seems a phenomenal amount of truckloads of soil to be taken from the site and she asked if some of that is going to be used to fill in the wetland. Ms. Michaels replied that they will use on site materials wherever they may be needed. The project can commit to at least 50%waste usage eliminating some of the landfill use. The truckload calculation is based on the balance of the cut, including understanding what needs to be kept on site. It will be about 4,500 truck round trips over a 2-year period and those truck trips are not all for soil removal but include delivery of materials, including concrete for pouring the foundation, which will be the most intense period of the truck trips. About 300 round trips will be the soil removal. Ms. Fogarty inquired about the maximum depth of the excavation or dredging of 30' feet. Ms. Carney replied that that is into the hillside at the Campus Road elevation as opposed to the below grade where the building will be at grade. Ms. Fogarty inquired about the impervious surface area and whether that was all due to roadway construction and whether there was a way to make any of that impervious surface. Ms. Michaels responded that they tried to make the roadway as small as possible with minimal pavement, however, the requirement for emergency vehicle access is 20' feet in width and the pavement is exactly what is needed for that traffic, no more. She stated that they have been taking into consideration comments and concerns from the Board regarding impacts to the PB 2021-10-05(Filed 10/25) Pg. 7 stream and there and they changed the seating area along the stream to stone dust to decrease potential impact as well as openness to any further suggestions. Ms. Fogarty stated that she was thankful they were committing to 50% of reuse on site. Ms. Fogarty referred to page 11, E.2. d where it states the project the average depth to the water table is 9' feet and how far they are excavating in that area. Ms. Michaels responded that that is measured from the lower elevation of the site and Mr. Fernaays added that it will be a deep concrete caissons so we are not excavating, but drilling into the bedrock and putting concrete piles,beams and then the slab. Ms. Fogarty asked how or if that will affect the creek. Ms. Michaels responded that they do not expect it to have an impact as it is channelized in this area. Ms. Fogarty stated that about 80% of the site is poorly drained and asked how that will be dealt with. Ms. Michaels responded that there's typically intensive clay soils in our area so a fair amount of soil here is not well drained. There is a stormwater system and bio retention. Runoff from the roof of the new building and a majority of the roadway will be directed into the bio retention basins engineered with better soil and percolation capacities set up to meet DEC's expectations for stormwater. Ms. Fogarty stated that the Planning Board deals with stormwater runoff regularly and because of climate change we are getting bigger storms. DEC's regulations haven't caught up with the climate change reality yet. Is Cornell going by DEC regulations or by the kind of storms we're getting now? Ms. Michaels replied that their SWPPP is in compliance with DEC regulations and the projects increase in impervious surface will have no effect on the peak runoff for Cascadilla Creek. The engineers calculated that for both the 10-year and 100-year storm projections. Mr. O'Shea stated that the engineers at TJ Miller have modeled the project and this site is so far down in the water shed for the creek that actually impounding the water on this project could potentially create a negative effect on the creek. They are trying to let water out from the site as quickly as possible so as not to impact downstream structures. Potentially impounding the water could raise the level of the water in the creek. This is an approved method by DEC so there are no variances required. Ms. Fogarty asked about the wetlands stated size on pg 11 and the difference in what has been talked about and is stated. PB 2021-10-05(Filed 10/25) Pg. 8 Ms. Michaels responded that there are wetlands that we are not impacting; she looked in the appendices but it was determined that it was a typo and it will be fixed. Ms. Kaufman asked about the drive where it opens up to the creek midway along the road and she asked what that was for. Ms. Michaels responded that that is in case an emergency vehicle needs to get by another emergency vehicle and it is not required, but was to make it easier on first responders. Ms. Kaufman wondered if that extra section could be stone dust also, only if that would make a difference in the impervious and still serve the function or need. Ms. Michaels responded they could look into that, but the construction level needed to hold a truck would not be as impervious as grass and such. Ms. Balestra added that at the staff level, we flagged that because on the site visit it was termed as a grander entrance to the building, not as an emergency access. Ms. Michaels responded that it serves dual purposes of accenting the entrance, provides a view to the creek and also emergency access if needed. It is not required and could be removed. Ms. Kaufman responded that she liked the architectural mood there and it would depend if that contributed to runoff in a significant way whether that should be removed. Ms. Balestra added that the Board would be looking at the stream setback mitigations for a recommendation to the Zoning Board. Ms. Meier Swain said she is confused because the Environmental Committee is saying store as much as you can and Mr. O'Shea is saying move it along as much as possible and what is the effect of removing that extra bump out. Ms. Balestra shared her screen to allow the Board to review the Environmental Review Committee comments submitted and distributed late in the day. She also reminded the Board, in relation to the section of widened pavement, that during their consideration for site plan approval and special permit they are looking at all elements of the project not just architecture and emergency egress and ingress but also stream setback mitigation. Mr. O'Shea stated there are two parts to a SWPP; water quality and quantitative parts. In the water quality piece, they are going to meet DEC regulations. The Environmental Committee has asked for a 50-year storm detainment which is going to create a greater impact, and the opposite of what we are looking at achieving. This a greater impact and disturbance on the site with a larger pond to store water. DEC regulation requires treatment of 90% of the impervious area for the 1-year storm; a jump from 1 year to a 50-year storm is a pretty big jump. For the Quantity piece, that is based on previous vs post conditions. There is a slight increase in the post,but holding it would potentially flood people downstream. The stone dust area being discussed as a possible removal piece of the project is such a small area it wouldn't have much impact either PB 2021-10-05(Filed 10/25) Pg. 9 way to the stormwater practices being proposed as well as the passing area being proposed, it is probably less than 5% of the area and it would be less impactful on the stream but would not change the stormwater aspect. Mr. Santelli agreed, saying that they have looked at the that 10-year and 100-year storms and from a quantity standpoint, we will not be increasing the rate of runoff to the stream, so detaining the 50-year storm event could exacerbate flooding and increase the possibility of flooding. They are trying to get larger storm event runoff into the creek quickly as opposed to detaining it. The stone dust area is not a big factor overall. Mr. Lindquist stated that that makes sense, and if it is not going to make a big impact, the safety, aesthetics and use of the pull off and seating area, it doesn't make sense to remove them. Ms. Kaufman agreed. Mr. Lindquist asked if there was a way to get the Environmental Committee's comments earlier in the process and Ms. Balestra said she would convey the comment. Ms. Fogarty referred to the Full Environmental Assessment Form -Part 3 attachment, middle of page where it discusses impact to surface water, and it talks about the parking lot and the existing biofiltration devices under the grassed areas of the parking lot. How is not covering,blocking, or destroying these devices going to play out during construction and it would be a good idea to add how that will be done. Ms. Balestra stated this was added as condition f on the draft resolution. Ms. Fogarty asked how that was going to happen in practice; it is one way to say we want it to happen, but how are they going to make it happen. Mr. Mosely noted that the construction hours need to be listed as between 7:00 a.m. —9:00 p.m. in accordance with Town Code Chapter 184. Ms. Balestra noted a change on the EAF Part 1; after Brief Description of Proposed Action insert "is the consideration of preliminary site plan approval and special permit for the Cornell New Experimental Hall". PB RESOLUTION 2021-027: SEQR Preliminary Site Plan Approval & Special Permit Cornell New Experimental Hall (Wilson Laboratory) Tax Parcel No. 61-1-8.1 Synchrotron Drive WHEREAS: 1. This action involves consideration of Preliminary Site Plan Approval and Special Permit for the proposed Cornell University New Experimental Hall at Wilson Laboratory, located on PB 2021-10-05(Filed 10/25) Pg. 10 Synchrotron Drive, Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone. The proposal involves the construction of a 2-story, +/- 15,869 square foot building on the west side of Wilson Laboratory. The project will also include a new 20' wide paved access path and turnaround, seating areas along Cascadilla Creek,bicycle racks,bioretention facilities, slope drainage improvements, and native plantings. Cornell University, Owner/Applicant; Kimberly Michaels, Trowbridge Wolf Michaels Landscape Architects, Agent; 2. This is a Type I Action pursuant to the Town of Ithaca Code, Chapter 148- Environmental Quality Review; 3. At its meeting on July 20, 2021, the Planning Board proposed to establish itself as Lead Agency to coordinate the environmental review of the above-referenced proposal, and on August 2, 2021, notified potential Involved and Interested Agencies of its intent to serve as Lead Agency; 4. The Planning Board, on October 5, 2021, has reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, Parts 2 and 3,prepared by Town Planning staff, a binder titled"New Experimental Hall At Wilson Laboratory, Review Application Report," dated September 17, 2021, a set of drawings titled "New Experimental Hall For CHESS,"prepared by SWBR and T.G. Miller PC, including the following sheets dated 08/31/2021: C000, C002, C100-C103, C201, C301-C302, C401, C501-0503, L-101, L201, A111-A112, A201, A301, and E001, a Site Lighting Photometric Sheet (SL-001), prepared by Leotek, dated 7/28/2021, and other application materials; and 5. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposal; 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 proposal, 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. Motion: Liebe Meier Swain Seconded: Greg Lindquist Vote: ayes - Meier Swain, Kaufman, Lindquist, Casper, Johnson, Fogarty PB 2021-10-05(Filed 10/25) Pg. 11 Public Hearin Ms. Meier Swain opened the public hearing at 8:42 p.m. There was no one wishing to address the Board and Ms. Jordan stated that she had not received any emails or calls and saw no one online wishing to speak and the public hearing was closed. Action Determination Ms. Balestra noted the recommendation from staff that the Board make a recommendation to the Zoning Board about the provisions for stream setback that needs to be discussed. Ms. Fogarty said she wants the unnecessary impervious pavement areas removed. Mr. Lindquist said he would rather leave them in there, especially given the added explanations tonight and the very limited impact removing them would have on the runoff. Ms. Balestra added that this was drafted before the information on the emergency use and we were looking at what could be done to the riparian buffer and areas where you could add additional plantings to help repair the bank. Mr. O'Shea asked about impervious pavers,but if the goal is to limit the footprint for vegetative buffer, that would not accomplish that. Mr. Lindquist stated that if that is the goal, then he is ok with removing them,knowing that the impact on the stormwater is negligible. Ms. Meier Swain asked which is the greater concern. Ms. Balestra responded that the Stream Setback law is very specific about the riparian buffer, and protecting that is the ultimate goal and anything that can be done to do that is our goal. Ms. Moynihan Schmitt noted that this would be a recommendation to the ZBA, not a condition they are enforcing. The Board decided to leave the recommendation as drafted. Mr. Casper asked about the statement regarding bringing in newer magnets as they become available and whether the weight would increase. Mr. Fontes responded that in general they become smaller and lighter, and nothing compares with emergency fire trucks. Ms. Fogarty suggested adding fencing around biofiltration devices to identify and protect them" to condition f and Mr. O'Shea added that the condition f and its staging plan needs to be incorporated into the SWPP prior to final approval. The Board agreed. PB 2021-10-05(Filed 10/25) Pg. 12 The Board discussed the lighting and 3500 is being used on new projects as they come through. Ms. Michaels stated that Cornell typically uses 4000K on streetlights and 3000K elsewhere and the project team is comfortable using 3500K if the Board wants. The Board was comfortable saying "not to exceed 3500"to be consistent with other development approvals. Mr. Casper asked about the Project Narrative statement that says natural gas will be abandoned and not used. Ms. Michaels responded that abandoning is less intrusive to the site than removing it. PB Resolution 2021-028: Preliminary Site Plan Approval & Special Permit Cornell New Experimental Hall (Wilson Laboratory) Tax Parcel No. 61-1-8.1 Synchrotron Drive WHEREAS: 1. This action involves consideration of Preliminary Site Plan Approval and Special Permit for the proposed Cornell University New Experimental Hall at Wilson Laboratory, located on Synchrotron Drive, Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone. The proposal involves the construction of a 2-story, +/- 15,869 square foot building on the west side of Wilson Laboratory. The project will also include a new 20' wide paved access path and turnaround, seating areas along Cascadilla Creek,bicycle racks,bioretention facilities, slope drainage improvements, and native plantings. Cornell University, Owner/Applicant; Kimberly Michaels, Trowbridge Wolf Michaels Landscape Architects, Agent; 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 October 5, 2021, made a negative determination of environmental significance, after having reviewed and accepted as adequate 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. The Planning Board, at a public hearing held on October 5, 2021, has reviewed and accepted as adequate a binder titled"New Experimental Hall At Wilson Laboratory, Review Application Report," dated September 17, 2021, a set of drawings titled "New Experimental Hall For CHESS,"prepared by SWBR and T.G. Miller PC, including the following sheets dated 08/31/2021: C000, C002, C100-C103, C201, C301-C302, C401, C501-0503, L-101, L201, A111-A112, A201, A301, and E001, a Site Lighting Photometric Sheet(Sheet SL- 001), prepared by Leotek, dated 7/28/2021, and other application materials; PB 2021-10-05(Filed 10/25) Pg. 13 NOW THEREFORE BE IT RESOLVED: 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 project has been designed and the proposed building is shaped to fit the space in which it will occupy on the property. Although the physical site characteristics are constrained, the proposed building will be constructed in the only suitable location for the high magnetic beam to connect to the Wilson Laboratory Synchrotron ring. B. The proposed structure design and site layout are compatible with the surrounding area. • The proposed structure is an industrial/educational building that fits in with type of structures that exist on the property. The proposed site layout largely follows the existing layout, with expanded access to the new building and new landscaping elements. Overall, the proposal is compatible with the surrounding area. 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 zone. • The noise, illumination and other nuisances that will occur on the site will be temporary and associated with construction of the building, which would be the case with any construction in the zone. These nuisances will cease upon completion of the building. 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. Cornell will be utilizing their own infrastructure and services, all of which are of adequate capacity to accommodate the proposed use. 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, provided that the proposed building will receive the requested variances from the Zoning Board of Appeals. 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 are no changes to the existing parking lot that serves the site. All accessways have been safely designed for emergency vehicles and either have been or will be approved by the Codes Department and the Ithaca Fire Department before final site plan approval. 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 will be some tree and vegetation loss associated with the project. The project will include tree preservation where possible. All lost trees will be replaced with additional trees and other vegetation. The surrounding land uses are other Cornell campus structures and uses, which will not be affected by the building. PB 2021-10-05(Filed 10/25) Pg. 14 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. AND BE IT FURTHER RESOLVED: 1. That, pursuant to Town Code Section 270-219.5.I, the Town of Ithaca Planning Board hereby recommends that the Zoning Board of Appeals approve the proposed Stream Setback mitigation plan associated with the project, with the following conditions: a. That the applicant consider removing unnecessary impervious pavement that abuts the stream edge of Cascadilla Creek, and b. That the applicant, where possible, consider adding more plantings and trees along the creek to further offset the effects of the encroachment into the stream setback. 2. That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed Cornell University New Experimental Hall project, located on Synchrotron Drive, as described in the materials listed in Whereas #3 above, subject to the following conditions: a. Before final site plan approval, granting of any necessary variances from the Town of Ithaca Zoning Board of Appeals, b. Before final site plan approval, submission to the Town of Ithaca Engineering Department of the additional details related to the Stormwater Pollution Prevention Plan (SWPPP) noted in the memo written to Cornell University by David O'Shea and Daniel Thaete, dated 7/13/2021, revised 8/17/2021 and 9/22/2021; and approval of the SWPPP by the Town Engineer, c. Before final site plan approval, submission of calculations and other information, satisfactory to the Town Engineer, outlining any associated impacts and/or changes at the Town of Ithaca Pleasant Grove water interconnect, d. Before final site plan approval, submission of documentation to the Town Engineer, from the Ithaca Area Wastewater Treatment Facility (IAWWTF), stating that the plant has adequate capacity to treat the anticipate wastewater flows, e. Before issuance of a building permit, submission of calculations, satisfactory to the Town Engineer, demonstrating how the existing and proposed lift stations meet the Plumbing Code of NYS and NYS Design Standards for Intermediate Size Wastewater Treatment Systems, f. Before issuance of final site plan approval, submission of a construction staging plan for review and approval by the Town Engineer that includes a note to confirm that the project staging area will not be placed over, on, or in an existing stormwater biofiltration device in the Wilson Laboratory east parking lot. This condition shall be included on the building permit that is issued and said staging area shall be maintained as approved for the entire duration of the building permit for the project, PB 2021-10-05(Filed 10/25) Pg. 15 g. Before the issuance of a building permit, inclusion of the New Experimental Hall project into the campus-wide Stormwater Operations, Maintenance, and Reporting agreement between Cornell University and the Town of Ithaca, h. Before issuance of a building permit, submission to the Planning Department of proof of receipt of the required Nationwide Permit from the Army Corps of Engineers to fill the 0.03-acre wetland on the project site, and i. All outdoor lighting shall conform to the requirements of the Town of Ithaca Outdoor Lighting Law and, if constructed, the proposed alternative light poles to be replaced on Campus Road above the new NEH building shall not exceed 3 5 OOK color temperature. Motion: Ariel Casper Seconded: Cindy Kaufman Vote: ayes -Meier Swain, Kaufman,Lindquist, Casper, Johnson, and Fogarty Agenda Item 4 Approval of Minutes Minutes July 20, August 3 d,August 17'h -Motion by Cindy Kaufman seconded by Yvonne Fogarty; unanimous. Motion to adjourn by Ariel Casper seconded by Yvonne Fogarty; unanimous. Submitted by da^, Becky Jo Deputy Town Clerk PB 2021-10-05(Filed 10/25) Pg. 16