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HomeMy WebLinkAboutPB Minutes 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/i/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/UCC9vycXkJ6klVIibihCy7NO/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 carnage 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(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 at https://www.town.ithaca.nv.us/meeting-calendar-agendas/under the calendar meeting date. ithaca journal Home News sports Business Gof Obituaries Back Public Notices 03/13/2024 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/UCC9vycXkJ6klVlibjhCy7NQ/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 3/13/24 TOWN OF ITHACA qu NEW YORK DEPARTMENT OF PLANNING 215 N.Tioga St 14850 607.273.1747 www.tawn.ithaca ny.us AFFIDAVIT OF SERVICE BY MAIL AND POSTING& PUBLICATION STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) 1, 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 12`h day of March 2024, deponent served the within Notice upon the property owners within 500 ft. of the properties and projects identified below for: 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, OwneriApplicant;Johan Dulfer,Berkshire Hathaway HomeServices Heritage Realty,Agent. The Planning Board will hold a public hearing on Tuesday,March 19, 2024,starting at 6:30 P.M. on the above matter: 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 March 12, 2024, and the notice has been duly published in the official newspaper,Ithaca Journal on March 13, 2024. 1 P�'k� �& 0, Abby Homer, Administrative Assistant Sworn to before me on h'1 ardl !U 32024. Notary Public ASHLEY COLBERT Notary Public,State of New York No.01 CO6419560 Qualified in Tompkins County Commission Expires duly 12,2025 TOWN OF ITHACA NEW YORK Notice of Planning Board Action Near You You are receiving this notice because you own or live on a property within 500' feet of the proposed action. This is an effort to inform you and give you an opportunity to learn more and comment if you would like. 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. Any person wishing to address the board will be heard. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube (ho2s://www.youtube.com/channel/UCC9vycXkJ6klVlibjhCy7NQ/Iive). In addition, comments can be sent via email to townclerk(a�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 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. See full agenda on the reverse side 1 TOWN OF ITHACA PLANNING BOARD March 19, 2024 Minutes Present: Caitlin Cameron,Vice Chair; Ariel Casper, Cindy Kaufman, Liz Bageant, Bill Arms and Kelda McGurk Absent: Fred Wilcox, Chair CJ Randall,Director of Planning; Christine Balestra, Senior Planner; Susan Brock,Attorney for the Town; David O'Shea, Senior Civil Engineer; Marty Moseley, Director of Code Enforcement; Paulette Rosa, Town Clerk Ms. Cameron opened the meeting at 6:30p.m. Mr. Arms noted for the record that he lives on the same block as the applicant for the Copman two-lot subdivision proposal, but he did not feel he had a conflict of interest. Item 1 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. Linda Copman, Owner/Applicant. Johan Dulfer, Berkshire Hathaway Home Services Heritage Realty,Agent, gave an overview of the request, saying that the two parcels were separately owned and then consolidated in the 1990's when owned by the same person. The applicant would like to return it to the same previously existing two parcels, live at 212 Forest Home Dr., and market 210 Forest Home Dr. for sale. The Board had questions regarding the three parking spaces in front of the property that are designated"private parking" and the references to a shared driveway and parking for both parcels. Mr. Dulfer responded that it is his understanding that the parking spots are on the parcel itself and legally non-conforming and permitted due to the lot line running to the center of the road, but it is in the public right-of-way and not considered off street parking. He has been discussing options with Mr. Moseley and a shared driveway had been included in the variance request to the Zoning Board; but that has since been removed, as the plan has changed to remove a small tree and make an independent driveway for the parcel. The Board discussed the proposed subdivision lines and the existing fencing that crosses parcel boundaries. Mr. Dulfer noted that the fence will be moved so that it is only on the one parcel. The Board discussed the need for an encroachment license with the Town for the snow fencing and arbor which encroach into the right-of-way. The arbor has been in place for many years and PB 2024-03-19(Filed 5/2) Pg. 1 the trees and perpetual maintenance of them were required as a buffer as part of a previously granted ZBA variance to allow the solar panels in the front yard. The road salt was killing the trees and the applicant put up the snow fencing to shield the tree roots from road salt. Mr. Arms noted that he has lived in the neighborhood for decades and houses are very old and pre-date zoning, so parking in front of homes has always been done and does not concern him. It was noted that Forest Home is a designated NYS Historical District,but this is a subdivision request, not a development request, and therefore historical elements do not come into play. SEQR Determination PB Resolution 2024-010: SEQR Preliminary&Final Subdivision Approval Copman 2-Lot Subdivision 210/212 Forest Home Drive Tax Parcel 66.-2-13 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 last revised 03/19/24, 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 PB 2024-03-19(Filed 5/2) Pg. 2 the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Moved: Ariel Casper Seconded: Elizabeth Bageant Vote: ayes—Casper, Arms,Bageant, Kaufman, Cameron, and McGurk Public Hearing Ms. Cameron opened the public hearing at 7:OOp.m.; there was no one wishing to speak, and the hearing was closed. Determination The draft resolution was revised to remove the reference to a shared driveway, revised dates of submitted materials, and a condition added requiring the encroachment agreement with the Town. PB Resolution 2024-011: Preliminary&Final Subdivision Approval Copman 2-Lot Subdivision 210/212 Forest Home Drive Tax Parcel 66.-2-13 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 last revised 03/19/24, 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 PB 2024-03-19(Filed 5/2) Pg. 3 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, §§239-1, -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: 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. Prior to signing of the plat by the Chairperson of the Planning Board, entry into an encroachment license with the Town to allow encroachment of the plastic deer fence and arbor into the Forest Home Drive right-of way, and d. 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. Moved: Ariel Casper Seconded: Cindy Kaufman Vote: ayes —Casper, Arms, Bageant, Kaufman, Cameron, and McGurk Item 2 Persons to be Heard Yayoi Koizumi,Zero Waste Ithaca, spoke saying that she was concerned about the lack of transparency in the decision making process regarding the Board's negative declaration of environmental significance for the Cornell Fieldhouse project. Ms. Koizumi referenced the apparent disappearance from the new agenda packet of the negative determination, saying that the Board appears to have made it without ample public scrutiny or thorough consideration given the significant concerns surrounding synthetic turfs and the potential environmental and health impacts as well as life cycle considerations. PB 2024-03-19(Filed 5/2) Pg.4 She said the negative declaration decision,presumably made after the people who spoke against the turf left the previous meeting, with the YouTube video of the meeting showing no decision making process on the determination and the agenda packet uploaded on February 21st with SEQR comments has disappeared from the new agenda packet. Ms. Koizumi thanked Ms. Kaufman for questioning the safety of artificial turf and noted that the Conservation Board had also sent a letter expressing concerns. Ms. Koizumi's second comment concerned Mr. Wilcox's responses to their comments at the last meeting, saying that while the speakers respect the perspectives shared by board members, they believe it is crucial to recognize the importance of considering health impacts regardless of jurisdictional boundaries and the community's well-being should always be a priority, with decisions made by Planning Board reflecting a commitment to safeguarding the public health and environment by taking into account public opinion, scientific evidence on the synthetic turf chemicals and adopting precautionary principles. Her third comment was a response to Mr. Arm's comment, saying that while they appreciate his perspective,they believe it is essential to acknowledge the validity of concerns raised regarding synthetic turf rather than dismissing these concerns as emotional and they urge decision makers to engage with them and review the extensive research available to them to ensure the wellbeing of those affected are going to be considered. Bethany Oj alehto Mays, speaking about her comments made at a prior meeting, saying she was confused also about that meeting because the agenda item for the Cornell Field had been pulled, but we were allowed to speak. Then the next day, a letter, signed by Chairman Wilcox was sent to the City of Ithaca Planning Board stating that a unanimous negative declaration of environmental significance had been made by the Town's Planning Board. She said she would really appreciate it if this could be explained. Ms. Randall responded, saying that the letter being referenced from the Town to the City is a letter stating that the Town agrees and concurs with the City's Planning Board to act as Lead Agency in the environmental review and we are not aware of any negative declaration being made. Ms. Oj alehto Mays read directly from the letter dated February 20t'to the City. "The Town of Ithaca Planning Board met on February 20, 2024, to make a recommendation to the City of Ithaca Planning and Development Board on whether the Cornell Meinig Fieldhouse project could have the potential for at least one significant adverse environmental impact. Planning Board members were unanimous in their opinion that the project did not rise to the level of potential significant adverse environmental impact and thus recommend that the lead agency issue a negative declaration of environmental significance." She said this is why we are confused as people and board members expressed concerns about the PB 2024-03-19(Filed 5/2) Pg. 5 impacts. Ms. Balestra responded that the letter Ms. Oj alehto Mays just read was a draft letter that was in the packet that was sent to members and posted to the web prior to staff finding out just before the meeting started that the item was being pulled. The letter was not signed by the Chair, not sent, and was drafted by staff. There has been no official determination on the level of environmental significance of this project. Mr. Casper stated that our open transparency is the root of your issue here because staff is so transparent that they post everything that will be discussed at a meeting and you then have access to it,because this board and our staff does our job so well and documents are available even if they become null and void, so the accusation that we are not transparent does not sit right with him. Ms. Ojalehto Mays responded that she did not make that accusation and thanked everyone for the explanation and details, saying this has been very helpful, and it was interesting that drafts were produced prior to a meeting,but that is another question for another time,but this had been helpful, and she did not want to accuse anyone of a lack of transparency. Ms. Bageant said she does understand how this can be very confusing to the public because drafts are prepared, so no offense taken, but it is very valuable to her at least,to have staff putting together drafts for the board to consider rather than having to attempt to compose them during the meeting. She said she would like the public to understand that the drafts are discussed and can be and often are changed, but having the framework is extremely helpful. Mr. Arms asked about the Town's ability to consider environmental impacts outside of the Town boundaries. Ms. Brock responded that for site plan, the board can only consider what is in the Town; for environmental review,the board can make comments about impacts of the whole project, but the City has been made the Lead Agency as most of the project is in the City of Ithaca. The Town can submit comments to the Lead Agency for their consideration in making the determination. Ms. Rosa added a final comment regarding transparency, saying that the packets are located online on the town website, under Current Agendas, until after the meeting,when they are moved to the Planning Board folder under Packets by year, and the State LGS1 retention is 6- years, but the Town chooses to keep the documents permanently. They do not"disappear" but are rather filed in the appropriate location, accessible to the public forever. Ms. Bageant added that the public can always call the Town Clerk if they have any issue locating a public document. Ms. Ojalehto Mays thanked the Board for the thorough response and explanation and apologized if the accusation of not be transparent was felt and unfounded. Item 3 Approval of Minutes PB 2024-03-19(Filed 5/2) Pg. 6 February 6, 2024, and February 24,2024 minutes were moved for approval by Mr. Casper, seconded by Ms. Bageant; unanimous. Item 4 Other Business Ms. Randall reported that the Town is working with the Town of Lansing to provide a joint training on May 13t' at 6pm on Site Plan and Area Variances. Ms. Balestra reported that there are no actions for the April 2nd meeting. Motion made by Ms. Cameron to cancel the April 2, 2024, meeting; seconded by Ms. Kaufman, unanimous. Ms. Kaufman asked about getting an expert to come in to help the board understand the issues around artificial turf versus the maintenance and upkeep of grass turf. She said she is overwhelmed by the amount of information out there. Discussion followed, with members saying they would like to be informed, but also to know when and where in the SEQR the board is supposed to consider this type of information. Ms. Balestra referenced The SEQR Handbook as well as the environmental assessment forms. Ms. Randall cautioned about third-party or independent expertise being brought in because, hypothetically, an applicant could present one version of"expert data" and the public or others present another version of"expert data." It is the board's responsibility to evaluate the different opinions and decide. Ms. Brock added that she does not really encourage doing independent research because everything used to make your determination should be in the official record; something that has been submitted or that you have submitted yourself to staff so they can provide it to the public. Ms. Randall noted that there are topical fact sheets available from the DEC. Discussion followed with members concerned that that stance would limit them from becoming informed about aspects of projects they are not familiar with, while sometimes they may have personal expertise in an area and not need additional information. Members felt trying to submit information they have accessed in time for the packet mailout would be problematic and a topic may not even be apparent until the packet is received. Mr. Arms said we should be encouraged to do our own research and come to meetings prepared, noting that when the Ithaca College field was under consideration, the applicant submitted extracts of fact sheets and he read the full fact sheet. Ms. Brock reiterated that the information members are basing their decisions upon should be available to everyone and decisions must be based on information in the public record. Different scenarios of issues that could make members want to research more were discussed, PB 2024-03-19(Filed 5/2) Pg. 7 with Ms. Brock bringing it back to the artificial turf, saying that under SEQR, the environmental effects can be considered by this board to then make comments to the City's Planning and Development Board to weigh in their determination as Lead Agency on the SEQR determination. The meeting was adjourned upon motion by Mr. Casper, seconded by Ms. Bageant; unanimous. Submitt Paulette Rosa, Town Clerk 3 P132024-03-19(Filed 5/2) Pg. 8