HomeMy WebLinkAboutPB Packet 2024-03-19
TOWN OF ITHACA PLANNING BOARD
Shirley A. Raffensperger Board Room, Town Hall
215 North Tioga Street
Ithaca, New York 14850
Tuesday, March 19, 2024 6:30 P.M.
Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom. The public will
have an opportunity to see and hear the meeting live and provide comments in-person or through Zoom at
https://us06web.zoom.us/j/83643764382.
If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the
livestream video on YouTube (https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live).
AGENDA
1. SEQR Determination: Copman 2-Lot Subdivision, 210/212 Forest Home Drive.
2. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for a
proposed two-lot subdivision, located at 210/212 Forest Home Drive within the Medium Density
Residential Zone. The proposal involves subdividing the property so the main residence at 210
Forest Home Drive and the carriage house at 212 Forest Home Drive are on separate tax parcels.
The property was once separate parcels that were consolidated in 1990. No development is
proposed. This is an Unlisted Action under the State Environmental Quality Review Act and is
subject to environmental review. Linda Copman, Owner/Applicant; Johan Dulfer, Berkshire
Hathaway HomeServices Heritage Realty, Agent.
3. Persons to be heard.
4. Approval of Minutes.
5. Other Business.
6. Adjournment.
C.J. Randall
Director of Planning
607-273-1747
NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY
CHRIS BALESTRA AT 607-273-1747 or CBALESTRA@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 at
https://www.town.ithaca.ny.us/meeting-calendar-agendas/ under the calendar meeting date.
TOWN OF ITHACA PLANNING BOARD
PUBLIC HEARING NOTICE
The Planning Board will hold a public hearing on Tuesday, March 19, 2024, starting at 6:30 P.M. on the
following matter:
Consideration of Preliminary and Final Subdivision Approval for a proposed two-lot subdivision,
located at 210/212 Forest Home Drive within the Medium Density Residential Zone. The proposal
involves subdividing the property so the main residence at 210 Forest Home Drive and the carriage
house at 212 Forest Home Drive are on separate tax parcels. The property was once separate parcels
that were consolidated in 1990. No development is proposed. This is an Unlisted Action under the
State Environmental Quality Review Act and is subject to environmental review. Linda Copman,
Owner/Applicant; Johan Dulfer, Berkshire Hathaway HomeServices Heritage Realty, Agent.
Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom. The public will
have an opportunity to see and hear the meeting live and provide comments in-person or through Zoom at
https://us06web.zoom.us/j/83643764382.
If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the
livestream video on YouTube (https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live).
Any person wishing to address the board will be heard. In addition, comments can be sent via email to
townclerk@town.ithaca.ny.us up to the end of business the day of the meeting and all comments will be
forwarded to the board. Additional information is available at www.town.ithaca.ny.us.
C.J. Randall, Director of Planning
DEPARTMENT OF PLANNING
215 N. Tioga St 14850
607.273.1747
www.town.ithaca.ny.us
MEMORANDUM
TO: Planning Board Members
FROM: Christine Balestra, Senior Planner
DATE: March 11, 2024
RE: Copman 2-Lot Subdivision – Preliminary & Final Subdivision Approval
Please find materials related to the consideration of Preliminary and Final Subdivision Approval for
the proposed 2-lot subdivision located at 210-212 Forest Home Drive, Medium Density Residential
Zone. The proposal involves subdividing a .58+/- acre property into two lots: Parcel A, at 16,244+/-
square feet, which contains an existing residence and ground-mounted solar energy system, and
Parcel B, at 9,218+/- square feet, which contains a carriage house/apartment. The project is
scheduled for the March 19, 2024, Planning Board meeting.
The property owner plans to sell Parcel A (main house with solar array) and continue to live in the
carriage house on Parcel B. The property is bound on the north, east, and west by other residences,
and on the south by Forest Home Drive. Both residential structures have existed on this property
since before the Town enacted a Zoning Code in 1954 (the main residence was constructed in 1910;
the carriage house was constructed shortly thereafter and was renovated in the 1980’s).
The property was once two separate tax parcels that were consolidated in 1990. Re-subdividing the
property will require area variances from the Zoning Board of Appeals in addition to subdivision
approval. Parcel B does not meet the current Town Code’s minimum required lot size for parcels in
the Medium Density Residential Zone. The proposed lot width is also less than the required lot width
at the front setback for both parcels. Additionally, Parcel A does not meet the side yard setback
requirement of the current Town Code; and, after subdivision, Parcel A will not have the legal off-
street parking spaces required by Town Code (there is parking along the frontage of the property).
There is no development proposed. As indicated in the attached environmental assessment, there are
no wetlands, Unique Natural Areas, or threatened or endangered plant or animal species on or
immediately adjacent to the property.
Along with the application materials and environmental assessment are draft resolutions for the
Board to consider. Please call me at (607) 273-1721 or email me at cbalestra@town.ithaca.ny.us if
you have any questions prior to the meeting.
Att.
Cc: Johan Dulfer, Berkshire Hathaway HomeServices Heritage Realty
Proposed Subdivision of 210/212 Forest Home Drive
Tax Map No.: 66.-2-13
Owner: Linda Copman Revocable Trust
Owner’s Statement
I am seeking to subdivide my property into two lots so that I can retain ownership of the small
carriage house at 212 Forest Home Drive and sell the large home at 210 Forest Home Drive. I
have a medical condiPon that is limiPng my ability to upkeep the enPre property and grounds.
My intenPon is to sell the 210 Forest Home Drive home to someone who can maintain this
beauPful historic home in its current condiPon, since I can no longer do so. I propose to keep
the carriage house as a home for me and my fully disabled adult daughter.
This historic property was originally two separate parcels that were consolidated by a previous
owner in March 1990. I have aSached the original map of the two parcels for reference. My
request is in keeping with the historic character of the neighborhood, since it will simply
redivide the parcel into two lots.
The carriage house at 212 Forest Home Drive has its own electric/gas/cable/postal/and internet
service, and it is a legally permiSed home with the Town of Ithaca. I am not proposing any
increase in density or new construcPon, aside from the installaPon of a new water line to the
carriage house. Approval of this subdivision should not negaPvely impact the neighbors in any
way. And, granPng of my request will allow me and my daughter to conPnue to reside in the
lovely hamlet of Forest Home—where we have lived happily for the past dozen years.
Linda Copman dotloop verified
02/12/24 1:42 PM HST
XCXZ-DSJA-1GNN-MNWF
dotloop signature verification: dtlp.us/VMoy-znjT-KwTs
Proposed Resolution: SEQR
Preliminary & Final Subdivision Approval
Copman 2-Lot Subdivision
210/212 Forest Home Drive
Tax Parcel No. 66.-2-13
March 19, 2024
WHEREAS:
1. The proposal is the consideration of Preliminary and Final Subdivision Approval for a two-
lot subdivision, located at 210/212 Forest Home Drive, Medium Density Residential Zone.
The proposal involves subdividing the property so the main residence at 210 Forest Home
Drive and the carriage house at 212 Forest Home Drive are on separate tax parcels. The
property was once separate parcels that were consolidated in 1990. No development is
proposed. This is an Unlisted Action under the State Environmental Quality Review Act and
is subject to environmental review. Linda Copman, Owner/Applicant; Johan Dulfer,
Berkshire Hathaway HomeServices Heritage Realty, Agent,
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 the project,
3. The Planning Board on March 19, 2024, has reviewed and accepted as adequate a narrative, a
subdivision plat titled “Subdivision Plat of Lands at No. 210 & 212 Forest Home Drive,
Town of Ithaca, Tompkins County, New York,” prepared by Ian M. Sheive, Licensed Land
Surveyor, Sheive Land Surveying, dated 7/25/2013 and revised 02/23/24, and other
application materials, and
4. Town planning staff has recommended a negative determination of environmental
significance with respect to the proposed Subdivision Approval;
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.
Subdivision of 210 Forest Home Drive into two parcels: 210 and 212 Forest Home Drive
210 Forest Home Drive, Ithaca, NY 14850
Applicant is proposing to subdivide the property located at 210 Forest Home Drive into two separate parcels: 210
and 212 Forest Home Drive. The two parcels were combined into one in March 1990.
808-987-1498
Linda Copman, Revocable Trust (Trustee)lcopman@gmail.com
210 Forest Home Drive
NY 14850Ithaca
dotloop signature verification: dtlp.us/PQfc-E8dO-r7Z1
No development is proposed.
0.54
0.00
0.54
0.58
0.58
ZBA variances
dotloop signature verification: dtlp.us/PQfc-E8dO-r7Z1
Area is served by TCAT Routes 10, 30, 81, and 90
N/A - no development proposed
Please See Part 3
Please See Part 3
Linda Copman Rev. Trust (Trustee)
Linda Copman dotloop verified
02/12/24 2:02 PM HST
G4WC-SXWL-MTKA-N0R0 Owner/Trustee
dotloop signature verification: dtlp.us/PQfc-E8dO-r7Z1
Please See Part 3 (Lake Sturgeon)
EAF Mapper Summary Report Friday, March 1, 2024 12:20 PM
Disclaimer: The EAF Mapper is a screening tool intended to assist
project sponsors and reviewing agencies in preparing an environmental
assessment form (EAF). Not all questions asked in the EAF are
answered by the EAF Mapper. Additional information on any EAF
question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
DEC, you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper. Digital data is not a
substitute for agency determinations.
Part 1 / Question 7 [Critical Environmental
Area]
No
Part 1 / Question 12a [National or State
Register of Historic Places or State Eligible
Sites]
Yes
Part 1 / Question 12b [Archeological Sites]Yes
Part 1 / Question 13a [Wetlands or Other
Regulated Waterbodies]
Yes - Digital mapping information on local and federal wetlands and
waterbodies is known to be incomplete. Refer to EAF Workbook.
Part 1 / Question 15 [Threatened or
Endangered Animal]
Yes
Part 1 / Question 15 [Threatened or
Endangered Animal - Name]
Lake Sturgeon
Part 1 / Question 16 [100 Year Flood Plain]Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Part 1 / Question 20 [Remediation Site]No
1Short Environmental Assessment Form - EAF Mapper Summary Report
Page 1 of 2
Agency Use Only [If applicable]
Project:
Date:
Short Environmental Assessment Form
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or
small
impact
may
occur
Moderate
to large
impact
may
occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2.Will the proposed action result in a change in the use or intensity of use of land?
3.Will the proposed action impair the character or quality of the existing community?
4.Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5.Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6.Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7.Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8.Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11.Will the proposed action create a hazard to environmental resources or human health?
Page 2 of 2
For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
_________________________________________________ _______________________________________________
Name of Lead Agency Date
_________________________________________________ _______________________________________________
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
_________________________________________________ _______________________________________________
Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)
Short Environmental Assessment Form
Part 3 Determination of Significance
Agency Use Only [If applicable]
Project:
Date:
Pg. 1
Proposed Resolution: Preliminary & Final Subdivision Approval
Copman 2-Lot Subdivision
210/212 Forest Home Drive
Tax Parcel No. 66.-2-13
March 19, 2024
WHEREAS:
1. This is consideration of Preliminary and Final Subdivision Approval for a two-lot subdivision,
located at 210/212 Forest Home Drive, Medium Density Residential Zone. The proposal
involves subdividing the property so the main residence at 210 Forest Home Drive and the
carriage house at 212 Forest Home Drive are on separate tax parcels. The property was once
separate parcels that were consolidated in 1990. No development is proposed. This is an
Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Linda Copman, Owner/Applicant; Johan Dulfer, Berkshire Hathaway
HomeServices Heritage Realty, Agent,
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, as lead agency in the
environmental review with respect to the project, has on March 19, 2024, 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, on March 19, 2024, has reviewed and accepted as adequate a narrative, a
subdivision plat titled “Subdivision Plat of Lands at No. 210 & 212 Forest Home Drive, Town
of Ithaca, Tompkins County, New York,” prepared by Ian Sheive, Licensed Land Surveyor,
Sheive Land Surveying, dated 7/25/2013 and revised 02/23/24, and other application materials,
and
4. Per the Inter-governmental Agreement between the Town of Ithaca and the Tompkins County
Planning and Sustainability Department, dated August 3, 2004, residential subdivisions of
fewer than 5 lots, all of which comply with local zoning standards and Tompkins County
Sanitary Code requirements, and do not involve new local roads or streets directly accessing a
State or county road, are of local, rather than inter-community or county-wide concern, and are
therefore not subject to referral to the Tompkins County Planning and Sustainability
Department under New York State General Municipal Law, Article 12-B, §§239-l, -m, and -n;
NOW, THEREFORE BE IT RESOLVED:
1. That the 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 would 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 & Final Subdivision Approval for the
proposed Copman 2-Lot Subdivision, as shown on the plans noted in Whereas #3 above,
subject to the following conditions:
Pg. 2
a. Receipt of any necessary variances from the Zoning Board of Appeals,
b. Submission for signing by the Chairperson of the Planning Board of an original and three
dark lined prints of the 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,
c. Filing of this Planning Board resolution in the Tompkins County Clerk’s Office, indexed to
Parcels A and B, and submission to the Town of Ithaca Planning Department of proof of
such filing,
d. [In case the proposal involves a shared driveway] To assure that Parcel A has use of and
access to the driveway on Parcel B, upon the initial conveyance of either parcel, filing in
the Tompkins County Clerk’s Office of the necessary driveway use and access easement
that has 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 parcel, and proof of such filing shall be
submitted to the Planning Department within 5 days of the filing, and
e. A new water service shall be installed to 212 Forest Home Drive within six months of filing
the subdivision plat in the Tompkins County Clerk’s Office or prior to a transfer of
ownership of either parcel, whichever comes first.
WARREN RDF
O
R
E
S
T H
O
M
E D
R
HALCYON HILL RD
NYS ITS Geospatial Services
´
LOCATION MAPCopman 2-lot Subdiivision210-212 Forest Home DriveTax Parcel No. 66.-2-13Planning Board, March 19, 2024
210-212 Forest Home Drive
±0 50 10025 Feet
Planning sta site visit – 210/212 Forest Home Drive – property pictures
Front of property facing Forest
Home Drive (carriage house is in
picture below).
Note the two cars parked along
the frontage, and the three “private
parking” signs.
Although this technically provides
parking for the main house, it does
not provide the required “o
street” parking (the parking shown
is in the road right-of-way, so it’s
not legally o the street).
Another frontage picture –
carriage house with access
drive adjacent to main
house. Proposed subdivision
will result in carriage house
(#212) retaining existing
access drive and parking
space inside site.
Planning sta site visit – 210/212 Forest Home Drive – property pictures
View of property facing northeast
View of property facing southwest
PB Minutes 2024-02-20 (Filed 2/26) Pg. 1
TOWN OF ITHACA PLANNING BOARD
February 20, 2024
Draft Minutes
Present: Fred Wilcox, Chair; Ariel Casper, Cindy Kaufman, Bill Arms, Caitlin Cameron
(Virtual), and Kelda McGurk (Virtual) Absent: Liz Bageant
CJ Randall, Director, and Christine Balestra, Senior Planner, Planning; Guy Krogh, Attorney for
the Town; Dan Thaete, Town Engineer; Marty Moseley, Director, and Dana Magnuson, Code
Enforcement; and Paulette Rosa, Town Clerk
Mr. Wilcox opened the meeting at 7:00p.m.
Item 1 Consideration of approval of a modification to the Site Plan for the proposed
Carrowmoor large-scale community solar photovoltaic system project located at 1358
Mecklenburg Road. The Planning Board granted final site plan approval on November 7, 2023,
for a 5MWac single-axis sun tracking solar array system on approximately 30-acres of land
along with two inverter/transformer equipment pads, solar energy battery storage, new overhead
utility poles, an eight-foot-tall perimeter fence, stormwater management facilities, access drive,
and other site elements. The modification involves moving the medium voltage line so that it
runs parallel along the Mecklenburg Road frontage instead of crossing through a farm field on
the property. The Planning Board will also consider modifying condition “a” from Resolution
No. 2023-03 related to the receipt of an Army Corps of Engineers Jurisdictional Letter. This is a
Type I Action under the State Environmental Quality Review Act for which the Planning Board
issued a negative declaration of environmental significance on September 5, 2023. Rancich
Family Limited Partnership, Owner; Nexamp Solar, Applicant; Ryan McCune, Agent.
Overview
Mr. McCune gave an overview of the stated request.
The first is the removal from the listed conditions of the required letter, as the Army Corps of
Engineers is saying they will no longer be issuing determination for projects that do not have
wetland impacts.
Second, the property owner wants to keep the land that is being farmed farmable. Therefore, the
request is to relocate the medium-voltage line which connects from our inverters which basically
runs the power out to the NYSEG lines. The line is buried 4’ feet underground and is completely
compliant with the construction guidance in the Town Code and NYS guidelines.
The total proposed disturbance of this project was 28.2 acres, and moving the line along the
access road will increase that by than 1% at 1.4 acres.
The 485’ foot addition to the line meets the setbacks and is not noticeable to the layman. There
is some loss of voltage, but that is controllable to an extent by adjusting at the inverter. The cost
PB Minutes 2024-02-20 (Filed 2/26) Pg. 2
to us for both the trenching and the line is expensive, but the owner wants to preserve the
farmland.
Discussion
Ms. Randall reported to the Board that she had distributed a just-released NYSERDA
“Recommendations Report on a Inter Agency Fire Safety Working Group request for Public
Comments on the draft Fire Code Recommendations Report,” which are not regulations yet and
are in the beginning stages of the process, but, nevertheless, important for the applicant and the
Board to be aware of.
Discussion followed with Mr. McCune stating that he felt the project meets the intent of these
draft guidelines as this project follows international fire code regulations and this is the State
trying to catch up with those.
There are things in the draft report that still need clarification, such as: what is a firebreak? We
have more space between our cabinets than say, a row of Tesla chargers, but there is no
definition. There is no clarification for emergency responders regarding whether to use water.
Some points are geared towards education and hiring a third party to review plans and possibly
mandating that review (24-hour monitoring) which we have; and an emergency plan, which we
have, and so on.
Mr. McCune stated that he felt that if they made this draft code official tomorrow, we would not
have to change anything in the project.
The consensus of the Board was that they were comfortable moving forward.
PB RESOLUTION 2024-005: Lead Agency – Declaration of Intent
Site Plan Approval/Condition Modification
Carrowmoor Large-Scale Solar Energy System
Tax Parcel No. 27.-1-15.2
1358 Mecklenburg Road
WHEREAS:
1. The Town of Ithaca Planning Board, at its meeting on November 7, 2023, granted Final
Site Plan Approval for the proposed Carrowmoor large-scale community solar
photovoltaic system project located at 1358 Mecklenburg Road. The project involves a
5MWac single-axis sun tracking solar array system on approximately 30-acres of land
along with two inverter/transformer equipment pads, solar energy battery storage, new
overhead utility poles, an eight-foot-tall perimeter fence, stormwater management
facilities, access drive, and other site elements. Rancich Family Limited Partnership,
Owner; Nexamp Solar, Applicant; Ryan McCune, Agent;
2. The proposed site plan modification involves moving the medium-voltage line so that it
runs parallel along the Mecklenburg Road frontage instead of crossing through a farm
PB Minutes 2024-02-20 (Filed 2/26) Pg. 3
field on the property. The Planning Board will also consider modifying condition “a”
from Resolution No. 2023-032 related to the receipt of an Army Corps of Engineers
Jurisdictional Letter.
3. The proposed project, which requires site plan approval by the Town of Ithaca Planning
Board, is a Type I Action pursuant to State Environmental Quality Review Act, 6
NYCRR Part 617 (617.4 (b) (6) (i) & (8)), because the project involves the physical
alteration of more than 10 acres, and includes a nonagricultural use occurring wholly or
partially within an agricultural district (certified pursuant to Agriculture and Markets
Law, article 25-AA, sections 303 and 304);
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby proposes to establish itself as lead agency to
coordinate the environmental review of the proposed actions, as described above;
AND BE IT FURTHER RESOLVED:
That the Town of Ithaca Planning Board hereby requests the concurrence of all involved
agencies on this proposed lead agency designation.
Moved: Ariel Casper Seconded: Cindy Kaufman
Vote: ayes—Casper, Kaufman, Wilcox, Arms, Cameron and McGurk
PB RESOLUTION 2024-006: SEQR
Site Plan Approval/Condition Modification
Carrowmoor Large-Scale Solar Energy System
Tax Parcel No. 27.-1-15.2
1358 Mecklenburg Road
WHEREAS:
1. This action involves consideration of approval of a modification to the Site Plan for the
proposed Carrowmoor large-scale community solar photovoltaic system project located
at 1358 Mecklenburg Road. The Planning Board granted final site plan approval on
November 7, 2023, for a 5MWac single-axis sun tracking solar array system on
approximately 30-acres of land along with two inverter/transformer equipment pads,
solar energy battery storage, new overhead utility poles, an eight-foot-tall perimeter
fence, stormwater management facilities, access drive, and other site elements. The
modification involves moving the medium-voltage line so that it runs parallel along the
Mecklenburg Road frontage instead of crossing through a farm field on the property. The
Planning Board will also consider modifying condition “a” from Resolution No. 2023-
032 related to the receipt of an Army Corps of Engineers Jurisdictional Letter. This is a
Type I Action under the State Environmental Quality Review Act for which the Planning
Board issued a negative declaration of environmental significance on September 5, 2023.
PB Minutes 2024-02-20 (Filed 2/26) Pg. 4
Rancich Family Limited Partnership, Owner; Nexamp Solar, Applicant; Ryan McCune,
Agent;
2. This is a Type I Action pursuant to State Environmental Quality Review Act, 6 NYCRR
Part 617 (617.4 (b) (6) (i) & (8)), because the project involves the physical alteration of
more than 10 acres, and includes a nonagricultural use occurring wholly or partially
within an agricultural district (certified pursuant to Agriculture and Markets Law, article
25-AA, sections 303 and 304);
3. The Town of Ithaca Planning Board granted final site plan approval for this project on
November 7, 2023, after establishing itself as lead agency in the environmental review on
June 20, 2023, and issuing a negative declaration of environmental significance and
granting preliminary site plan approval on September 5, 2023;
4. The proposed modifications to the project explained in Whereas #1 above require
reconsideration by the Town of Ithaca Planning Board;
5. At its meeting on February 20, 2024, the Town of Ithaca Planning Board proposed to
establish itself as Lead Agency to coordinate the environmental review of the above-
referenced proposal. Potential Involved and Interested agencies were notified of its intent
to serve as Lead Agency on February 12, 2024;
6. The Planning Board, on February 20, 2024, 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, plans prepared by LaBella, titled “Carrowmoor Solar,
1358 Mecklenburg Road, Ithaca, NY 14850,” including revised sheets C002- Revised
Site Plan, C202- Site And Utility Plan, C203- Turning Movements, C302- Grading And
Erosion Control Plan And Road Profile, dated 01/04/2023, revised January 2024, and
other application materials; and
7. 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.
PB Minutes 2024-02-20 (Filed 2/26) Pg. 5
Moved: Ariel Casper Seconded: Fred Wilcox
Vote: ayes—Casper, Kaufman, Wilcox, Arms, Cameron and McGurk
Public Hearing
Mr. Zaharis spoke again regarding his concerns over the project and the possibility of a fire and
related hazards. There are numerous documents and articles he has submitted that are available
in the project file.
Mr. Wilcox closed the public hearing.
Determination
Ms. Cameron asked about Mr. Zaharis’ concerns expressed as to lightning strikes/fire and acid
batteries.
Mr. McCune responded that of course lightning could strike, but we are operating at the highest
and best safety standards, as dictated by the Public Service Commission, this Board and the
Town’s Code. You can never say there will not be a strike, but there are fail safes in place to
make sure the power would not get back to our inverters and certainly wouldn't get back to the
energy storage facilities. The question is, would that eventuality cause a catastrophic failure of
the system that could endanger the public? I can say, definitively, no.
As to lead acid batteries instead of lithium ion, the batteries need to charge and discharge very
quickly; lithium-ion batteries can do that very quickly.
Lithium-ion batteries have evolved quite a bit as far as their overall chemistry and are vastly
different and much more stable than the batteries in old cell phones that were burning up. The
technology is constantly changing and something may become more capable and financially
feasible, but at this point, we are using the best batteries that have a life span of approximately 8-
10 years, but that depends on the frequency of the discharges, and it could be longer.
He added that to the best of his knowledge, there are no utility scale lead acid batteries capable
of this type of grid modulation purpose.
PB RESOLUTION 2024-007: Site Plan Approval/Condition Modification
Carrowmoor Large-Scale Solar Energy System
Tax Parcel No. 27.-1-15.2
1358 Mecklenburg Road
WHEREAS:
1. This action involves consideration of approval of a modification to the Site Plan for the proposed
Carrowmoor large-scale community solar photovoltaic system project located at 1358
Mecklenburg Road. The Planning Board granted final site plan approval on November 7, 2023,
for a 5MWac single-axis sun tracking solar array system on approximately 30-acres of land along
PB Minutes 2024-02-20 (Filed 2/26) Pg. 6
with two inverter/transformer equipment pads, solar energy battery storage, new overhead utility
poles, an eight-foot-tall perimeter fence, stormwater management facilities, access drive, and
other site elements. The modification involves moving the medium-voltage line so that it runs
parallel along the Mecklenburg Road frontage instead of crossing through a farm field on the
property. The Planning Board will also consider modifying condition “a” from Resolution No.
2023-032 related to the receipt of an Army Corps of Engineers Jurisdictional Letter. This is a
Type I Action under the State Environmental Quality Review Act for which the Planning Board
issued a negative declaration of environmental significance on September 5, 2023. Rancich
Family Limited Partnership, Owner; Nexamp Solar, Applicant; Ryan McCune, Agent;
2. The Town of Ithaca Planning Board granted final site plan approval for this project on November
7, 2023, after establishing itself as lead agency in the environmental review on June 20, 2023, and
issuing a negative declaration of environmental significance and granting preliminary site plan
approval on September 5, 2023;
3. The proposed modifications to the project explained in Whereas #1 above require reconsideration
by the Town of Ithaca Planning Board;
4. This action is a Type I Action for which the Town of Ithaca Planning Board, acting as lead
agency with respect to this project, has made a negative determination of environmental
significance, after reviewing and accepting 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
5. The Planning Board, at a public hearing held on February 20, 2024, has reviewed and accepted as
adequate plans prepared by LaBella, titled “Carrowmoor Solar, 1358 Mecklenburg Road, Ithaca,
NY 14850,” including revised sheets C002- Revised Site Plan, C202- Site And Utility Plan,
C203- Turning Movements, C302- Grading And Erosion Control Plan And Road Profile, dated
01/04/2023, revised January 2024, and other application materials;
NOW THEREFORE BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby modifies condition “a” in Resolution No. 2023-
032, by deleting the condition and the requirement for a Jurisdictional Determination letter issued
by the Army Corps of Engineers; and
2. That the Town of Ithaca Planning Board hereby reaffirms Site Plan Approval for the proposed
revisions to the Carrowmoor Solar project, located at 1358 Mecklenburg Road, as described in
Whereas #1 and in the materials listed in Whereas #3 above, subject to the following conditions:
a. Before issuance of a building permit, submission to the Planning Department of a copy of
NYSDOT Highway work permit(s),
b. Before issuance of a building permit, scheduling of a coordination meeting with the
Applicant’s Environmental Monitor, and the Town Engineering, Planning, and Codes
Departments,
c. Before issuance of a building permit, approval of the Decommissioning Plan and Bond by the
Attorney for the Town and the Engineering Department, and
PB Minutes 2024-02-20 (Filed 2/26) Pg. 7
d. Before issuance of any Certificates of Compliance, submission of a copy of the final Medium
Voltage approval and signoff from NYSEG, following its final design review of the project .
Moved: Ariel Casper Seconded: Bill Arms
Vote: ayes—Casper, Kaufman, Wilcox, Arms, Cameron and McGurk
Moved Up Item 3 State Environmental Quality Review (SEQR) discussion for the
proposed Cornell University Meinig Fieldhouse Indoor Sports and Recreational Facility
Mr. Wilcox noted that the applicant has requested the item be postponed to a later meeting as
design changes are being contemplated. He added that this was requested late this afternoon, and
it was obvious to him that there were people present here and online who wished to speak and he
asked Planning Board members if they agreed with moving the item up and permitting people to
speak. (agreed)
Public Comments (Attachment1)
Five members of the Zero Waste Ithaca Group addressed the Board with concerns regarding the
proposed artificial turf in the project. Concerns focused on the environmental impact of plastics
and the poisons and toxins they release, the manufacturing, implementation, lifecycle, and
disposal of the turf as well as the physical safety of athletes.
The speakers felt that the town professes to care about sustainability; and condoning the use of
artificial turf flies in the face of the stated goals and mission of the Green New Deal and the
climate crisis.
Mr. Wilcox noted for the public and reminded board members that the fields are in the City of
Ithaca, not the town.This board would have no purview over the materials used and people
interested in the materials used should direct those to the City of Ithaca.
Item 2 Consideration of Preliminary Site Plan Approval for the proposed self-storage
facility located at 602 Elmira Road (NYS Route 13) within the Light Industrial Zone and Inlet
Valley Center Overlay District. The project involves construction of approximately 24,700
square feet of self-storage in six buildings. The project will be constructed in two phases and
consist of indoor climate-controlled storage and mini-storage units along with a small parking
area, fence and entrance gate, stormwater management facilities, landscaping, and site lighting.
This is an Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Rudra Management, Owner/Applicant; Michael B. Lasell, P.E., LEED
AP, MBL Engineering, PLLC, Agent.
Joshua Best gave an overview of the project changes and depictions of the final plans.
He said they intentionally designed the buildings in front to shield the view from the more
traditional self-storage that you can see in the rear that are not climate controlled. We went to
great lengths and spent a lot of time with materiality and the massing, and really tried to make this
a prominent corner and fit in with all the design standards of the Inlet Valley Overlay District
(IVOD). We chose to separate the climate control buildings into 2 separate buildings to lessen the
PB Minutes 2024-02-20 (Filed 2/26) Pg. 8
massing effect and created essentially a little pocket park in between which will help with the
wind and added to the beautification of the site.
The entryway access is gated for security, and we have very lush landscaping to help blend the
building into the landscape, with windows and a nice timber frame entrance for the main lobby
entrance.
Mr. Best noted that it is difficult to add windows to storage units, but we do have false windows
to make the façade look nicer and we will be asking for a variance next week from the Zoning
Board on the number of windows required.
The project will be in two phases with the front building on the left and the 4 buildings in the
rear being part of phase 1. The 2-story climate-controlled building on the right will be part of
phase 2 which would begin about 2 years after phase 1 and after seeing the market response to
the climate-controlled options.
Discussion
The Board was concerned about the prospect of phasing the project, because that hadn’t been
mentioned in any previous appearance.
Mr. Best stated that they have the financing and they have done the market study, and the
demand is there. In saying a 2-year timeframe, he was just mentioning a worst-case scenario. It
is more of a financial aspect; not paying interest on project costs while the main structures are
built, but they are positive the project will fill and fill quickly with phase 2 happening within 6
months of the initial build and sitework being done.
He added that he will have a rendering of the construction phases at the next appearance. The
pad for the 2-story, climate-controlled building will be there in phase 1, ready for build out in
phase 2.
The Board briefly discussed the variances needed as listed on the SEQR form and noted that the
project approval from this Board would be contingent on the granting of those variances by the
Zoning Board of Appeals.
It was again highlighted that a major portion of the frontage is owned by NYS and the site has a
lot of difficulties in topography and that State land.
The Board noted that this use was not envisioned in the IVOD, but the applicant has gone to
great lengths to meet the idea of the IVOD and listened to and acted upon this Board’s
suggestions and concerns.
The Board asked counsel to begin drafting additional conditions related to phasing and the
project not being completed as presented in a timely fashion.
Meeting the Ithaca Energy Code Supplement was added to the SEQR form.
PB Minutes 2024-02-20 (Filed 2/26) Pg. 9
PB RESOLUTION 2024-008: SEQR
Preliminary Site Plan Approval
Ithaca Self-Storage Project
Tax Parcel No. 31.-3-4
602 Elmira Road
WHEREAS:
1. This action involves consideration of Preliminary Site Plan Approval for the proposed
self-storage facility located at 602 Elmira Road (NYS Route 13) within the Light
Industrial Zone and Inlet Valley Center Overlay District. The project involves
construction of approximately 24,700 square feet of self-storage in six buildings. The
project will be constructed in two phases and consist of indoor climate-controlled storage
and mini-storage units along with a small parking area, fence and entrance gate,
stormwater management facilities, landscaping, and site lighting. This is an Unlisted
Action under the State Environmental Quality Review Act and is subject to
environmental review. Rudra Management, Owner/Applicant; Michael B. Lasell, P.E.,
LEED AP, MBL Engineering, PLLC, Agent;
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 has, on February 20,
2024, 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
3. The Planning Board, on February 20, 2024, has reviewed and accepted as adequate a
Short Environmental Assessment Form Part 1, submitted by the applicant, Parts 2 and 3,
prepared by Town Planning staff, an application narrative titled “Project Narrative –
Proposed Storage Facility,” a set of drawings titled “Ithaca Self Storage, Rudra
Management, 602 Elmira Road, Town of Ithaca, Tompkins County,” prepared by MBL
Engineering, PLLC, including sheets C-001, C-102, C-104, C-106, C-201, and C-502- C-
505, dated 12/8/23; sheets C-101 and C-103, dated 1/9/24; and sheets C-105 and C-501,
dated 11/14/23; architectural plans, schematic designs, and landscaping plans prepared by
Line 42 Architecture, including sheets titled “Landscape & Material Plan,” “Building 1 &
6 Exterior Elevations & Floor Plan,” “Building 2, 3, 4 & 5 Exterior Elevations,” “Aerial
View,” “Elmira Road Entrance,” “Building 1 Elmira Road View,” “Elmira Road & 5
Mile Drive,” and “Building 6 Loading,” all dated December 2023; and other application
materials; and
4. 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 hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law
PB Minutes 2024-02-20 (Filed 2/26) Pg. 10
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.
Moved: Ariel Casper Seconded: Bill Arms
Vote: ayes – Casper, Arms, Wilcox, Kaufman, Cameron, and McGurk
Conditions were added to reflect the need for updated site plans and drawings prior to final site
plan approval.
PB RESOLUTION 2024-009: Preliminary Site Plan Approval
Ithaca Self-Storage Project
Tax Parcel No. 31.-3-4
602 Elmira Road
Town of Ithaca Planning Board, February 20, 2024
WHEREAS:
1. This action involves consideration of Preliminary Site Plan Approval for the proposed self-
storage facility located at 602 Elmira Road (NYS Route 13) within the Light Industrial Zone
and Inlet Valley Center Overlay District. The project involves construction of approximately
24,700 square feet of self-storage in six buildings. The project will be constructed in two
phases and consist of indoor climate-controlled storage and mini-storage units along with a
small parking area, fence and entrance gate, stormwater management facilities, landscaping,
and site lighting. This is an Unlisted Action under the State Environmental Quality Review
Act and is subject to environmental review. Rudra Management, Owner/Applicant; Michael
B. Lasell, P.E., LEED AP, MBL Engineering, PLLC, Agent;
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 February 20, 2024,
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;
3. The Planning Board, at a public hearing held on February 20, 2024, has reviewed and
accepted as adequate an application narrative titled “Project Narrative – Proposed Storage
Facility,” a set of drawings titled “Ithaca Self Storage, Rudra Management, 602 Elmira
Road, Town of Ithaca, Tompkins County,” prepared by MBL Engineering, PLLC,
including sheets C-001, C-102, C-104, C-106, C-201, and C-502- C-505, dated 12/8/23;
sheets C-101 and C-103, dated 1/9/24; and sheets C-105 and C-501, dated 11/14/23;
architectural plans, schematic designs, and landscaping plans prepared by Line 42
Architecture, including sheets titled “Landscape & Material Plan,” “Building 1 & 6
Exterior Elevations & Floor Plan,” “Building 2, 3, 4 & 5 Exterior Elevations,” “Aerial
View,” “Elmira Road Entrance,” “Building 1 Elmira Road View,” “Elmira Road & 5
Mile Drive,” and “Building 6 Loading,” all dated December 2023; and other application
materials; and
PB Minutes 2024-02-20 (Filed 2/26) Pg. 11
4. Project plans, and related information, were duly delivered to the Tompkins County
Planning and Sustainability Department per New York State General Municipal Law
§§239-l et seq., and such Department responded in a December 13, 2023, letter from
Katherine Borgella, Tompkins County Commissioner of Planning, pursuant to §§239-l, -
m, and -n of the New York State General Municipal Law, determining that the proposed
action will have no significant countywide or inter-community impact;
NOW THEREFORE BE IT RESOLVED:
1. That, pursuant to Town Code §270-219.5.I., the Town of Ithaca Planning Board hereby
finds that the proposed stream setback mitigation plan provided by the applicant
sufficiently offsets the effects of the proposed encroachment into steam setback zone 2;
and recommends that the Zoning Board of Appeals approve the stream setback variance
associated with the project; and
2. That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval
for the proposed Ithaca Self Storage project, located at 602 Elmira Road, as described in
the materials listed in Whereas #3 above, subject to the following conditions to be met:
Before final site plan approval:
a. Granting of any necessary variances by the Zoning Board of Appeals,
b. Revision of sheets C101, C102, and C103, to include the following wording in the Plan
Notes: “This property is subject to the Town of Ithaca Code provisions regarding stream
setbacks, and restrictions and setbacks on development, soil disturbance, vegetation
removal, and other activities apply.,”
c. Submission of the items listed under the “SWPPP/General” section of the Engineering
Memorandum written by Daniel Thaete, Director of Engineering, dated February 13,
2024,
d. Approval by the Town Board of the concept and location of the proposed dedicated
utilities; and issuance of a sewer exemption for the proposed onsite wastewater treatment
system,
e. Submission of a site plan phasing rendering, showing the Phase 1 development without
Phase 2, subject to approval of the Planning Board,
f. Submission of a revised Sheet C102, or submission of a new sheet to delineate all
proposed project phasing more clearly, and to show the sequence of construction,
Before issuance of a building permit:
a. Submission of revised plans showing the location and size of the proposed septic system,
PB Minutes 2024-02-20 (Filed 2/26) Pg. 12
b. Submission to the Director of Code Enforcement of required calculations and fire flow
test data from fire hydrant R0460,
c. Acceptance by the Town Board, and completion and dedication to the Town, of any
water infrastructure,
d. Submission, review, execution, and filing of an Operation, Maintenance and Reporting
agreement for the proposed stormwater management facilities, with the Town of Ithaca,
specifying the ownership and maintenance responsibilities for the stormwater system,
including:
(i) Submission of an access easement, or other mechanism, to assure Town of Ithaca
access to the stormwater facilities,
(ii) Review and approval of the access easement and the “Operation, Maintenance, and
Reporting Agreement” by the Attorney for the Town and the Town Engineer, and
(iii) Town Board authorization to allow the Town Supervisor to sign any necessary
easements and the stormwater “Operation, Maintenance, and Reporting Agreement”
associated with the project,
e. Submission to the Planning Department of a copy of NYSDOT Highway work permit (s),
and
f. Scheduling of a pre-construction meeting with the Town Engineering, Planning, and
Codes Departments.
Moved: Ariel Casper Seconded: Caitlin Cameron
Vote: ayes – Casper, Arms, Wilcox, Kaufman, Cameron, and McGurk
Item 4 Persons to be heard – None
Item 5 Approval of Minutes
Motion made by Mr. Wilcox, seconded by Mr. Arms to approve the minutes of September 19,
2023, November 7, 2023, and January 16, 2024, as final; unanimous.
Item 6 Other Business – No items for March 5th – Meeting cancelled.
Meeting was adjourned upon motion by Mr. Casper, seconded by Mr. Wilcox; unanimous.
Submitted by
Paulette Rosa, Town Clerk
PB 2024-02-06 (2/14) Pg. 1
TOWN OF ITHACA PLANNING BOARD
February 6, 2024
Draft Minutes
Present: Fred Wilcox, Chair; Caitlin Cameron, Liz Bageant, Bill Arms and Kelda McGurk
Absent: Ariel Casper, Cindy Kaufman
CJ Randall, Director of Planning; Christine Balestra, Senior Planner; Susan Brock, Attorney for
the Town; David O’Shea and Justin McNeal, Engineering; Marty Moseley, Director of Code
Enforcement; and Paulette Rosa, Town Clerk
Mr. Wilcox opened the meeting at 7:00p.m.
Item 1 Consideration of Preliminary and Final Subdivision Approval for the subdivision of
160 Seven Mile Drive into three parcels: Parcel A at 44.6+/- acres, Parcel B at 6.5+/- acres, and
Parcel C at 1.0+/- acres. No development is currently proposed. The applicant intends to
construct future residences on Parcels A and B and sell Parcel C. This is an Unlisted Action
under the State Environmental Quality Review Act and is subject to environmental review. Zach
Zussman-Dobbins, Owner/Applicant.
Mr. Wilcox reviewed the process, saying that the applicant will give a brief description of what
is being proposed and then the Board will go into the environmental review of the project as it is
proposed. If it is determined that there will not be any significant environmental impacts from
the project, the Board will pass a resolution of negative environmental significance and move on
to consideration of approval of the proposal. We will ask any questions we may have then open
the public hearing to hear any comments from the public.
The Board may ask further questions after hearing public comments and then move to decide on
the approval of the subdivision.
Overview
Mr. Zussman-Dobbins stated that he and his partner plan on building their own residences on
Parcels A & B respectively, and possibly starting a small nursery or something similar. Parcel C,
which is approximately 1.2 acres and tucked down near the road, will be marketed as a single-
family building lot, which should be attractive as it has public water and sewer available.
Questions from the Board
Ms. Bageant asked about the history of the property.
Mr. Zussman-Dobbins responded that he believes it was farmed in the early 1900’s and then
purchased by the Italian American Society in the 1960’s. They used it for hunting and partying,
as evidenced by the garbage, a couple of sheds and an old satellite hookup on the property.
PB 2024-02-06 (2/14) Pg. 2
Ms. Bageant asked staff about the concerns expressed regarding stormwater and erosion and the
process for that type of oversight. Mr. O’Shea responded that residential construction is limited
by the zone the property is in. As part of the building permit process, the town will look at the
plans and associated stormwater implications. That said, this proposal of two single- or two-
family homes would not trip any review because it is small in scale. There are different levels of
review and practices required depending on the amount of soil moved and other considerations.
If the applicants or a future owner(s) came back with something larger planned, the proposal
would be back in front of the Planning Board, and possibly the Zoning Board of Appeals for
review.
Ms. Cameron asked if staff considered the availability and/or capacity of the water and sewer for
this proposal. Mr. O’Shea responded that they would not look at that for something of this size.
Generally, 10 or more proposed buildings or units would trigger the County’s involvement and
they would be required to connect to the public infrastructure or request a waiver through the
Town Board and approval by the County Health Department.
He added that the town would try hard not to limit the availability of the infrastructure to single-
family homes.
Ms. Cameron stated that it seems the property is zoned Low Density Residential with a 10% lot
coverage maximum, which would allay some of the concerns about multiple dwelling units and
development associated with this proposal. She asked about the stream setbacks on the property.
Ms. Balestra responded that there are quite a few streams that cross the property, and while not
all of them have a stream setback requirement, the ones that do have been mapped out for the
applicant.
Mr. Wilcox noted that what is before the Board is a subdivision, not the building on the property.
Mr. Wilcox explained SEQR segmentation. There is a concept in environmental review called
segmentation, which is to subdivide a couple of parcels now, then another couple in a few years
and so on in order to avoid the proper environmental review of the overall property. He asked
the applicants what their plans were. Both applicants stated they were planning on building their
own homes, possibly with an elder cottage or similar for a parent, and some small scale growing
and possibly a tree farm.
Mr. Zussman-Dobbins stated that he would not be building for at least 5 years due to financial
constraints, but he would most likely be planting trees right away.
SEQR Review
There was some discussion on the Short EAF Parts 1 & 2, particularly questions 9, 10, and 11, as
they were answered “yes” and the action is the subdivision of land. The town traditionally checks
“no” or adds not applicable, but because the applicants have stated they plan to build residential
homes on a small scale, either yes or no is legally correct, and the statements in Part 3 would
support the answers.
PB 2024-02-06 (2/14) Pg. 3
PB Resolution 2024-002: SEQR
Preliminary & Final Subdivision Approval
Zussman-Dobbins 3-Lot Subdivision
160 Seven Mile Drive
TP 32.-2-12
Whereas:
1. This is consideration of Preliminary and Final Subdivision Approval for the subdivision of
160 Seven Mile Drive into three parcels: Parcel A at 44.6+/- acres, Parcel B at 6.5+/- acres,
and Parcel C at 1.0+/- acres. No development is currently proposed. The applicant intends to
construct future residences on Parcels A and B and sell Parcel C. This is an Unlisted Action
under the State Environmental Quality Review Act and is subject to environmental review.
Zach Zussman-Dobbins, Owner/Applicant,
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 the project,
3. The Planning Board on February 6, 2024, has reviewed and accepted as adequate a narrative,
a subdivision plat titled “Subdivision Map, Showing Lands of Zachariah Zussman-Dobbins,
Located on Seven Mile Drive & Calkins Road, Town of Ithaca, Tompkins County, New
York,” prepared by T. G. Miller, P. C., dated 12/11/2023, and other application materials,
and
4. Town planning staff has recommended a negative determination of environmental
significance with respect to the proposed Subdivision Approval;
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: Caitlin Cameron Seconded: Liz Bageant
Vote: ayes – Cameron, Bageant, Wilcox, Arms and McGurk
Public Hearing
Rema Grunes spoke, saying that she is a resident of Seven Mile Dr., and she felt the road
already has a severe drainage problem and frequent floods, necessitating the road being closed.
She stated that she has been stuck in her house and left stranded unable to get to her house on
PB 2024-02-06 (2/14) Pg. 4
numerous occasions due to this. She was concerned that logging of the trees on the property
would make it worse, and she questioned whether a nursery or logging is permitted on the site.
Kelly Cobb spoke, saying she is concerned about parcel C being sold as a commercial lot as
there are some businesses on one end of the street. She asked what kind of limitations could be
put on that happening.
Matt Hoffman and Mr. Levine also spoke briefly, asking about the allowable uses and any
recourse if SEQR segmentation did occur.
Mr. Wilcox closed the public hearing at 6:56 p.m. and turned to staff to answer some questions.
Discussion
Mr. Wilcox asked Mr. O’Shea to elaborate on the town’s awareness of drainage issues in the
area.
Mr. O’Shea explained that the town is aware that there are some significant ditches there and
some private swales that contribute to the issues that the town cannot control because they are
private drainage ways on private properties. Many of these private swales are to the east and
were put in place a long time ago when there was no town oversight involved. The fact is that
the area, and a lot of the town, is in a valley and water goes downhill.
He added that he thought a lot of the drainage issues during large events is not due to the
highway failing, but where the water is being discharged to. Infrastructure to convey runoff gets
backed up and the town cannot maintain private drainage.
Mr. O’Shea stated that many of the subdivisions and swales, if done today, would have been
through more stringent review and contain mitigation strategies, but that was not the case back
then.
Ms. Cameron added that it is also not the responsibility of the person subdividing either, unless
they are proposing something big enough to worsen the situation, and this is not.
Mr. Wilcox agreed, saying this is 3 lots with essentially up to 6 families in total, and there will be
no impact.
Ms. Balestra added that this is Low Density Residential with a 30,000 square foot minimum lot
size and she was not sure where the idea of a commercial or large development came from.
Some home businesses may be permitted and a nursery or a farm is permitted as of right, but
other uses would need various other reviews and approvals.
Mr. Wilcox noted that Dawn Forman submitted comments with concerns about “putting in a
subdivision” and he also was not sure where this came from. It is established that a single-family
home could generate up to 6 trips and that would not register on the traffic impact.
Mr. Arms said he thought the term “subdivision,” which when used technically here at the
PB 2024-02-06 (2/14) Pg. 5
Planning Board is the simple subdivision of land, but when used colloquially, many in the public
equate it to large developments with multi-family units. He used the example of the Whitetail
Drive subdivision where he lives; that is an area with a lot of houses, and although the property
at the start was subdivided into the multiple lots, it was done under a different process, (site plan
review, etc.), but it is commonly called the Whitetail Drive subdivision. [Staff note for future readers:
the subdivision is the Deer Run Subdivision, and it was a clustered subdivision approved in the late 1980’s.
Clustered subdivisions include a site plan review element]
Mr. Wilcox addressed the question regarding segmentation and how it would be stopped. The
Planning Board can prevent segmentation by asking questions about parcels being subdivided
when they appear. If a parcel is divided into 10 lots, with one remaining large enough for future
subdivision, we ask about that. He said that he does not get the sense of that with this property.
Ms. Bageant asked if Parcel B could be further subdivided. Ms. Balestra responded that it could
not without getting a variance from the Zoning Board for frontage and stream setbacks, and, in
that case, it would be back before this Board.
The Board discussed drainage questions again, and Mr. O’Shea and Mr. Moseley explained that
there are thresholds in town and state law that would trip required stormwater management
practices and there are fill permits and movement of soil that also trigger some level of oversight
as a building permit goes through the various review processes.
There were no changes to the draft resolution.
PB Resolution 2024 - 003: Preliminary & Final Subdivision Approval
Zussman-Dobbins 3-Lot Subdivision
160 Seven Mile Drive
TP 32.-2-12
Whereas:
1. This is consideration of Preliminary and Final Subdivision Approval for the subdivision
of 160 Seven Mile Drive into three parcels: Parcel A at 44.6+/- acres, Parcel B at 6.5+/-
acres, and Parcel C at 1.0+/- acres. No development is currently proposed. The applicant
intends to construct future residences on Parcels A and B and sell Parcel C. This is an
Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Zach Zussman-Dobbins, Owner/Applicant,
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, as lead agency
in the environmental review with respect to the project, has on February 6, 2024, 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, on February 6, 2024, has reviewed and accepted as adequate a
narrative, a subdivision plat titled “Subdivision Map, Showing Lands of Zachariah
Zussman-Dobbins, Located on Seven Mile Drive & Calkins Road, Town of Ithaca,
PB 2024-02-06 (2/14) Pg. 6
Tompkins County, New York,” prepared by T. G. Miller, P. C., dated 12/11/2023, and
other application materials, and
4. Per the Inter-governmental Agreement between the Town of Ithaca and the Tompkins
County Planning and Sustainability Department, dated August 3, 2004, residential
subdivisions of fewer than 5 lots, all of which comply with local zoning standards and
Tompkins County Sanitary Code requirements, and do not involve new local roads or
streets directly accessing a State or county road, are of local, rather than inter-community
or county-wide concern, and are therefore not subject to referral to the Tompkins County
Planning and Sustainability Department under New York State General Municipal Law,
Article 12-B, §§239-l, -m, and -n;
Now, therefore be it Resolved:
1. That the 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 would 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 & Final Subdivision Approval for the
proposed Zussman-Dobbins 3-Lot Subdivision, as shown on the plans noted in Whereas
#3 above, subject to the following conditions:
a. Revision of the subdivision plat to add the following language to Note 6:
“Restrictions and setbacks on development, soil disturbance, vegetation removal, and
other activities apply,”
b. Submission for signing by the Chairperson of the Planning Board of an original and
three dark lined prints of the final subdivision plat, revised per condition “a” above,
prior to filing with the Tompkins County Clerk Office; and submission of a copy of
the receipt of filing to the Planning Department, and
c. Prior to any soil disturbing activities, stream setback zones shall be clearly delineated
with construction fencing, staking, or other suitable material by the applicant on site,
and such delineation shall be maintained in an undisturbed state, until Code
Enforcement staff determines that soil- disturbing activities are completed within and
adjacent to the stream setback zones.
Moved: Bill Arms Seconded: Fred Wilcox
Vote: ayes – Arms, Wilcox, Bageant, Cameron and McGurk
Item 2. Consideration of Final Site Approval for the proposed Comfort Inn Hotel located at
635 Elmira Road (NYS Route 13) within the Neighborhood Commercial Zone and Inlet Valley
Center Overlay District. The proposal involves demolishing the existing structures to allow for
PB 2024-02-06 (2/14) Pg. 7
the construction of a 3-story, 37,000 +/- square foot hotel. The facility will include 67 hotel
rooms, 67 parking spaces, stormwater facilities, outdoor lighting, landscaping, and other site
improvements. The Planning Board granted final site plan approval for this project on March 7,
2017, but the approval expired because construction did not materially commence within 36
months of the approval. This is a Type I Action under the State Environmental Quality Review
Act for which the Planning Board issued a negative declaration of environmental significance on
October 3, 2023. Pratik Ahir, Ramji Hospitality, LLC, Owner/Applicant; Adam M. Fishel, PE,
Marathon Engineering, Agent.
Public Hearing
Mr. Wilcox opened the public hearing at 7:15p.m.
Mr. Fishel went over the changes to the site plan since the last meeting. He felt they were not
substantive, but they did add outdoor seating and bike racks in the back as suggested and
provided updated DOT driveway and utility permits.
Joe Turnowchyk addressed the architectural changes to the plans. Based upon Planning Board
comments at the last meeting, the architects changed the contrasting materials to make them less
chaotic and now have two primary dominant materials, composite siding and stone veneer. The
patios suggested for the back have been added as four-season rooms to extend their usage and
limit some liability concerns, and the pool room and offices protrude from the main building to
break up the mass and lines of the rear of the building.
Ms. Balestra noted that staff feels comfortable that the project meets the IVOD guidelines and
explained that the drawings that show interior floor plans were not in the Planning Board’s
authority to review, so they were not included in the review packet. The applicant could have
submitted a floor plan that just shows the outline shape of the building, but that is not what is on
the town checklists -- the applicant followed the required application materials submission
checklist, which has not been updated yet.
Mr. Wilcox stated that he stopped by the site and then talked to the Town Engineering
Department about the road and traffic flow. The NYS DOT is satisfied with the existing flow
and controls and they have not requested any additional measures.
Mr. Wilcox asked if there was anyone wishing to address the Board; there was no one and the
hearing was closed.
Determination
Mr. Wilcox stated that the Board should be clear on the job tonight: this is not another review,
but to see that the applicant has addressed the conditions and additional submissions required by
the preliminary approval.
Members of the Board noted that this is a difficult and challenging site, but that doesn’t mean it
should not be approved. The applicants have met the conditions imposed, and the Board has
discussed height being 3-stories. The Zoning Board granted the required variances, etc. The
Board has discussed comments such as “we don’t need another hotel” – which is not in the
PB 2024-02-06 (2/14) Pg. 8
purview of this Board. The increase in traffic does not trigger further review or conditions; and
using the hotel as a “warming center” is also not under this Board’s purview. There is no new
information. The project meets the letter of the zoning, if not the spirit of it.
There were no substantive changes to the draft resolution.
PB Resolution 2024 - 004: Final Site Plan Approval
Comfort Inn Hotel
635 Elmira Road
TP 35.-1-21
Whereas:
1. This action is consideration of Final Site Approval for the proposed Comfort Inn Hotel
located at 635 Elmira Road (NYS Route 13) within the Neighborhood Commercial Zone
and Inlet Valley Center Overlay District. The proposal involves demolishing the existing
structures to allow for the construction of a 3-story, 37,000 +/- square foot hotel. The
facility will include 67 hotel rooms, 67 parking spaces, stormwater facilities, outdoor
lighting, landscaping, and other site improvements. The Planning Board granted final site
plan approval for this project on March 7, 2017, but the approval expired because
construction did not materially commence within 36 months of the approval. This is a
Type I Action under the State Environmental Quality Review Act for which the Planning
Board issued a negative declaration of environmental significance on October 3, 2023.
Pratik Ahir, Ramji Hospitality, LLC, Owner/Applicant; Adam M. Fishel, PE, Marathon
Engineering, 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, made a
negative determination of environmental significance on October 3, 2023, after reviewing
and accepting 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,
3. The Planning Board, at a public hearing held on October 3, 2023, granted special permit
and preliminary site plan approval for the project, with conditions,
4. The Planning Board, at a public hearing held on February 6, 2024, has reviewed and
accepted as adequate a narrative, revised plans prepared by Marathon Engineering
entitled “Site Development Plans for Comfort Inn Hotel, 635 Elmira Road (NYS Route
13, 3 & 96), Town of Ithaca, Tompkins County, New York,” including sheets C1.0 -
C3.0, C3.1, C 3.2, C4.0, C5.0, C 6.0 - C 6.6, C 7.0-C 7.3, C 8.0, most recently revised
12/01/23; exterior elevation sheets A201 and A202, prepared by Hex9 Architects, revised
December 1, 2023, and other application materials, and
5. Project plans, and related information, were duly delivered to the Tompkins County
Planning and Sustainability Department per New York State General Municipal Law
PB 2024-02-06 (2/14) Pg. 9
§§239-l et seq., and such Department responded in an August 31, 2023, letter from
Katherine Borgella, Tompkins County Commissioner of Planning, pursuant to §§239-l, -
m, and -n of the New York State General Municipal Law, determining that the proposed
action will have no significant county-wide or inter-community impact;
Now therefore be it Resolved:
The Planning Board hereby grants Final Site Plan Approval for the proposed Comfort Inn Hotel,
as referenced on plans listed in Whereas #4 above, subject to the following conditions to be met:
Before issuance of any building permits except demolition permits:
a. Scheduling and holding of a pre-construction meeting with the Town Engineering,
Planning, and Codes Departments,
b. Submission to the Planning Department of a copy of a revised NYSDOT highway work
permit for the new curb cut off of Elmira Road/NYS Route 13, and for the water and any
sewer infrastructure located within the NYS DOT’s right-of-way,
c. Revision, execution, and filing of a revised stormwater easement, and operation and
maintenance and reporting agreement that is acceptable to the Attorney for the Town, the
Town Engineer, and the Town Board,
d. Approval by the Town Board of the concept and location of any water and sewer lines,
mains, and related infrastructure to be conveyed to the Town,
Before issuance of a certificate of occupancy:
a. Completion and dedication to the Town of the water and sanitary sewer lines and related
infrastructure described in subsection “d” above,
b. Execution and filing of sanitary sewer and water easements for the lines described in
subsection “d” above; such easements must be acceptable to the Town Board, Attorney for
the Town, and Town Engineer.
Moved: Bill Arms Seconded: Liz Bageant
Vote: ayes – Arms, Bageant, Wilcox, McGurk and Cameron
Item 3 Nomination of Vice Chair
Ms. Cameron stated that while she is a little nervous because she is still learning the processes of
the town, she felt that because she would have the support of her fellow members and town staff,
she would be willing to act as Vice Chair.
Motion made by Mr. Wilcox, seconded by Ms. Bageant to appoint Caitlin Cameron as Vice
Chair for 2024; unanimous.
PB 2024-02-06 (2/14) Pg. 10
Item 4 Persons to be Heard – None.
Item 5 Approval of Minutes
There was some discussion regarding the draft September 19, 2023, minutes. The revised draft
will be sent at the next meeting for approval.
Motion made by Mr. Wilcox, seconded by Ms. Cameron to approve the minutes of October 3
and 17, 2023; unanimous.
Item 6 Other Business
Ms. Balestra provided an update on the next few agendas and other projects expected to be
coming back or in for initial appearances.
Motion made to adjourn the meeting by Mr. Arms, seconded by Ms. Bageant, unanimous.
Submitted by
Paulette Rosa, Town Clerk