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HomeMy WebLinkAboutPB Minutes 2017-02-21 TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, February 21, 2017 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Liebe Meier Swain, Linda Collins, John Beach,Yvonne Fogarty, Melissa Hill Town Staff Present: Susan Ritter, Director of Planning; Chris Balestra, Planner; Dan Thaete, Town Engineer; Bruce Bates, Director of Code Enforcement; Lorraine Moynihan Schmitt,Attorney for the Town; Debra DeAugistine, Deputy Town Clerk Call to Order Ms_Meier Swain called the meeting to order at 7:02 p.m. AGENDA ITEM SEQR Determination: Casper Bed and Breakfast, 429 Bostwick Road Mr_ Caspar said he purchased the four-bedroom home and property last May. Prior to acquiring the property, he had run a bed and breakfast in Danby, which was rated the No. I B&B in the Ithaca area. He bought the property at 429 Bostwick Road for farming and indoor grow rooms and soon realized how difficult it is to make a living just by farming_ Some of his past customers have been calling him to see if he is running a B&B, so he decided to make an application to the town_ PB Resolution No. 2017.012: SEAR, Special Permit, Casper Bed&Breakfast, Tax Parcel No. 32.- 2-3.221 2:2-3.221 Moved by John Beach; seconded by Yvonne Fogarty WHEREAS: I_ This action is Consideration of Special Permit for the proposed Casper Bed & Breakfast, located at 429 Bostwick Road, Town of Ithaca Tax Parcel No. 32_-23221,Agricultural Zone_ The pro- posal involves creating a three bedroom bed and breakfast in the existing residence_ Michael Casper, Owner/Applicant; and 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 Special Permit; and 3_ The Planning Board, on February 21, 2017, has reviewed and accepted as adequate a narrative, Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, Parts 2 and 3 prepared by Town Planning staff, a partial survey map of the property along with several pictures of the property and the home, all date-stamped January 23, 2017, and other application materials; and 4_ The Town Planning staff has recommended a negative determination of environmental signifi- cance with respect to the proposed Special Permit; Planning Board Minutes 0221.2017 Page 2 of 10 NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required_ Vote Ayes: Meier Swain, Collins, Beach, Fogarty, Hill AGENDA ITEM Public Hearing: Consideration of Special Permit for the proposed bed and breakfast located at 429 Bostwick Road, Town of Ithaca Tax Parcel No. 32_-23221,Agricultural Zone_ The proposal involves creating a three bedroom bed and breakfast in the existing residence_ Michael Casper, Own- erZApplicant. Ms_Meier Swain opened the public hearing at 7:06 p.m.; hearing no one, she closed the public hearing at 7:07 p.m. PB Resolution No. 2017.013: Special Permit, Casper Bed&Breakfast, Tax Parcel No. 32.-2-3.221 Moved by Linda Collins; seconded by Yvonne Fogarty WHEREAS: 1_ This action is Consideration of Special Permit for the proposed Casper Bed & Breakfast, located at 429 Bostwick Road, Town of Ithaca Tax Parcel No. 32_-23221,Agricultural Zone_ The pro- posal involves creating a three bedroom bed and breakfast in the existing residence_ Michael Casper, Owner/Applicant; and 2_ This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in the environmental review with respect to the project, has, on February 21, 2017, 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, at a Public Hearing held on February 21, 2017, reviewed and accepted as adequate a narrative, a partial survey map of the property along with several pictures of the prop- erty and the home, all date-stamped January 23, 2017, and other application materials; NOW THEREFORE BE IT RESOLVED: 1_ That the Planning Board hereby finds that the considerations for approval of the requested Special Permit listed in Article XXIV, Section 270.200, Subsections A - L of the Town of Ithaca Code have been met, specifically that: Planning Board Minutes 0221.2017 Page 3 of 10 a_ the health, safety, morals and general welfare of the community, in harmony with the general purpose of Town Code Chapter 270, Zoning, will be promoted,because the proposed use will promote tourism and economic development for the Ithaca area and will provide a unique al- ternative to commercial lodging for those wishing to visit the area; and b_ the premises are reasonably adapted to the proposed use because the home and bedrooms already exist/are already being utilized for residential purposes and the proposed use will be similar to the existing use; the use will fill a neighborhood or community need because it will provide additional local lodging for tourists; and c. the proposed use and the location and design of any structures are consistent with the charac- ter of the district in which they are located, for the reasons noted above; and d_ the proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue the neighborhood property or seriously inconvenience the neighboring inhabitants, because the nearest neighbors are located more than 500 feet from the use and its impacts to the neighborhood are expected to be minor; and e_ operations in connection with the proposed use will not be more objectionable to nearby properties by reasons of noise, fumes, vibrations, illumination or other potential nuisance than the operation of any permitted use in the particular zone, for the reasons noted above; and £ community infrastructure and services, including but not limited to, protective services, road- ways, garbage collection, schools and water and sewer facilities, are currently, or will be, of ad- equate capacity to accommodate the proposed use, as the use will not generate the need for these services above the levels that a residential use would; and g_ the proposed use, building, design and site layout comply with all provisions of Chapter 270, Zoning, and, to the extent considered by the Planning Board, with other regulations and or- dinances of the Town, with the Building Code and all other state and federal laws, rules and regulations, and with the Town Comprehensive Plan; and It. the proposed access and egress for all structures and uses are safely designed and the site lay- out provides adequate access for emergency vehicles; and i_ the general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewer systems, is not detrimental to the health, safety and general welfare of the community, for the reasons noted above; and j_ the lot area, access, parking, and loading facilities are sufficient for the proposed use; and access, parking, and loading facilities are adequately buffered to minimize their visual impact, as the existing driveway and parking area is already well buffered and able to accommodate the number of cars required for the bed and breakfast use; and k_ natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance, and existing drainageways are not altered in a manner that adversely affects other properties; and L the proposed use or structure complies with all the criteria applicable to special permit set forth in Town Code Chapter 270, Zoning; and Planning Board Minutes 0221.2017 Page 4 of 10 2_ That the Planning Board hereby grants Special Permit for the proposed Casper Bed and Breakfast project located at 429 Bostwick Road, Town of Ithaca Tax Parcel No. 32_-23221_ Vote Ayes: Meier Swain, Collins, Beach, Fogarty, Hill AGENDA ITEM SEQR Determination: Ithaca College Butterfield Stadium Retaining Wall, 125 Conservatory Drive Steve Dayton and Dave Harding, landscape architect from QPK Design, were present Mr_ Harding said the reason for the project is that the existing grandstand facility was built on an exposed shale hillside, which has been eroding, causing the college to have to clean up the fallen rock from the track and pathways_They need to do something more permanent Their engineers investigated the nature of the shale and determined that it would continue to deteriorate over time, and that the best way to deal with it would be to build a retaining wall so they could level out a plateau_The project consists of building a 400-foot long retaining wall along the home team side by cutting back into the embankment This will require removing the lower bleacher, then setting it back on top of the retaining wall. The retaining wall is being located a little more into the bank than would normally be required in order to accommodate the potential future expansion of the running track_ They revised the plan and submitted a new SWPPP that morning in response to the town engineer's comments_They had been characterizing this as a slope stabilization project, which the DEC considered not to need post-construction stormwater management facilities The town engineer felt that it was more than that, so they conceded and revised the plans to include hydrodynamic devices for stormwater quality treatment; the new plan also includes some permeable pavement to satisfy the DEC's runoff reduction volume requirement. Mr_ Beach asked whether the lower bleachers would be replaced_ Mr_ Harding responded that they would be temporarily removed, and once the wall is built, they'll be put back down on the plateau that the retaining wall creates_The schedule, as with most of the college construction projects, is that the construction will mobilize the day after graduation and the site will be operational by mid-August The spoils site will require removal of some trees, and after the spoils are removed, it will be topsoiled and restored as meadow_ Mr_Thaete said he had time to go through the new set of drawings_ He was okay moving forward, pending resolution of his comments_The silt fence along the track has been revised and is now a silt log, which he thinks is appropriate_The detail shows blocks being put behind that log_ He thinks the blocks will work, but to hold the log from moving, he thought it would also need to be secured down in some fashion_ He also noted that they would need to have a pre-construction meeting with town engineering staff, the contractor, and the owner prior to the start of construction_ He asked about the bid alternate_ Mr_ Harding said the project was initially conceived of as accommodating the expansion of the straightaway - not the entire track- into an eight-lane straightaway_But after they submitted plans to the town, the athletic director said that if they're going to spend the money, they might as well Planning Board Minutes 0221.2017 Page 5 of 10 accommodate an eight-lane expansion of the entire track, which meant moving the wall over 7 feet to accommodate the two additional track lanes. They're not sure whether they can afford that in their budget, so they set it up as a bid alternate_It's the same overall project, other than a little more excavation and a little more retaining wall_The stormwater devices, the pervious pavements are base bid they'll be installed with either option. He verified that the sanitary sewer work has been eliminated_ Ms_Moynihan Schmitt asked whether they have a campus-wide operation and maintenance agreement If the board moves forward, there will need to be an O&M agreement PB Resolution No. 2017.014: SEAR, Preliminary and Final Site Plan Approval, Special Permit, Ithaca College Butterfield Stadium Retaining Wall, 125 Conservatory Drive, Tax Parcel No. 41:1- 30.2 Moved by John Beach; seconded by Yvonne Fogarty WHEREAS: 1_ This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the Butterfield Stadium Retaining Wall project located on the Ithaca College campus at 125 Con- seivatoty Drive, Town of Ithaca Tax Parcel No. 41.-1-30.2, Medium Density Residential Zone_ The project involves installation of a 12 foot tall retaining wall between the track and the grand- stand_ The project also involves modifying an access walk/drive, relocating existing bleachers, and installing additional stormwater utilities_ Ithaca College, Owner/Applicant; Steve Dayton, Direc- tor of Planning, Design, and Construction,Agent, and 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 site plan approval and special permit, and 3_ The Planning Board, on February 21, 2017, has reviewed and accepted as adequate a Short Environmental Assessment Form (SEAF) Part 1, submitted by the applicant, Parts 2 and 3 pre- pared by Town Planning staff, drawings titled "Cover Sheet" (Cover), "Site General Information" (L-001), "Key Map" (L-100), "Demolition/Erosion& Sedimentation Control Plan" (LD-101), "Layout&Materials Plan" (L-101), "Grading& Storm System Plan" (L-102), "Site Details" (L-501 and L-502), all prepared by QPK Design and dated 1/20/2017, "Topographic Map Ithaca College Butterfield Stadium", prepared by T.G. Miller, P.C. and dated 9/14/2016, and other application materials, and 4_ The Town Planning staff has recommended a negative determination of environmental signifi- cance with respect to the proposed Site Plan Approval and Special Permit; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, Planning Board Minutes 0221.2017 Page 6 of 10 based on the information in the EAT Part I and for the reasons set forth in the EAT Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required_ Vote Ayes: Meier Swain, Collins, Beach, Fogarty, Hill AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Butterfield Stadium Retaining Wall project located on the Ithaca College campus at 125 Conservatory Drive, Town of Ithaca Tax Parcel No. 41.-1-30.2, Medium Density Residential Zone. The project involves the installation of a 12' tall retaining wall between the track and the grandstand_ The project also involves modifying an access walk/drive, relocating existing bleachers, and installing additional stormwater utilities_ Ithaca College, Owner/Applicant; Steve Dayton, Director of Planning, Design, and Construction, Agent Ms_Meier Swain opened the public hearing at 7:32 p.m.; hearing no one, she closed the public hearing at 7:32 p.m. PB Resolution No. 2017.015: Preliminary and Final Site Plan Approval, Special Permit, Ithaca College Butterfield Stadium Retaining Wall, 125 Conservatory Drive, Tax Parcel No. 41.4-30.2 Moved by Yvonne Fogarty; seconded by John Beach WHEREAS: 1_ This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the Butterfield Stadium Retaining Wall project located on the Ithaca College campus at 125 Con- seivatoty Drive, Town of Ithaca Tax Parcel No. 41.-1-30.2, Medium Density Residential Zone_ The project involves installation of a 12 foot tall retaining wall between the track and the grand- stand_ The project also involves modifying an access walk/drive, relocating existing bleachers, and installing additional stormwater utilities_ Ithaca College, Owner/Applicant; Steve Dayton, Direc- tor of Planning, Design, and Construction,Agent, and 2_ This is a Unlisted Action for which the Town of Ithaca Planning Board, as the lead agency in the environmental review with respect to site plan approval and special permit has, on February 21, 2017, made a negative determination of environmental significance, after reviewing and accepting 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, at a Public Hearing held on February 21, 2017, has reviewed and accepted as adequate, drawings titled "Cover Sheet" (Cover), "Site General Information" (L-001), "Key Map" (L-100), "Demolition/Erosion& Sedimentation Control Plan" (LD-101), "Layout&Ma- terials Plan" (L-101), "Grading& Storm System Plan" (L-102), "Site Details" (L-501 and L-502), all prepared by QPK Design and dated 1/20/2017, "Topographic Map Ithaca College Butterfield Stadium", prepared by T.G. Miller, P.C. and dated 9/14/2016, and other application materials; Planning Board Minutes 0221.2017 Page 7 of 10 NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby finds that the Special Permit standards of Article XXIV Section 270.200, Subsections A- I, of the Town of Ithaca Code, have been met, specifically that: a_ the health, safety, morals and general welfare of the community in harmony with the general purpose of Town Code Chapter 270, Zoning are being promoted, as the proposed project will eliminate erosion and safety concerns, improve pedestrian circulation, and improve stormwater facilities, and b_ the premises are reasonably adapted to the proposed use, given that the premises already contain a stadium on the college campus, and the proposed modifications fill a neighborhood or communi- ty need for the reasons noted above, and c. the proposed use and the location and design are consistent with the character of the district in which they are located, as the layout and site elements will be consistent with the existing stadium and college campus, and d_ the proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue the neighborhood property or seriously inconvenience the neigh- boring inhabitants, for the reasons noted above, and e_ operations in connection with the proposed use will not be more objectionable to nearby properties by reasons of noise, fumes, vibrations, illumination or other potential nuisance than the operation of any permitted use in the particular zone, and £ community infrastructure and services, including but not limited to protective services, roadways, garbage collection, schools and water and sewer facilities are currently, or will be, of adequate capacity to accommodate the proposed use. Additionally, the use is already operational as a sta- dium on the college campus, and the proposed modifications are not increasing the capacity or use of the facility, and g_ the proposed use, design and site layout comply with all provisions of Chapter 270, Zoning, and, to the extent considered by the Planning Board, with other regulations and ordinances of the Town, with the Building Code and all other state and federal laws, rules and regulations, and with the Town Comprehensive Plan, and It. the proposed access and egress for all structures and uses are safely designed and the site layout provides adequate access for emergency vehicles, and i_ the general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewer systems, is not detrimental to the health, safety and general welfare of the community, and j_ the lot area, access, parking, and loading facilities are sufficient for the proposed use; and access, parking, and loading facilities are adequately buffered to minimize their visual impact, as access, parking and loading facilities are already provided for the stadium and are not changing as part of this project, and k_ natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance, and existing drain- ageways are not altered in a manner that adversely affects other properties_The applicant has Planning Board Minutes 0221.2017 Page 8 of 10 provided a Stormwater Pollution Prevention Plan to the Town of Ithaca Public Works Depart- ment for the project, and L the proposed use and structure comply with all the criteria applicable to site plan review set forth in Town Code Chapter 270, Zoning; m_ submission and execution and filing of an Operation and Maintenance agreement among Ithaca College and the Town of Ithaca (unless a campus-wide O&M agreement already exists, in which case, it will be updated) satisfactory to the Attorney for the Town and the Public Works Depart- ment; AND BE IT FURTHER RESOLVED: 1_ That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in a significant alteration of neither the purpose of site plan control nor the policies enunciated or implied by the Town Board; and 2_ That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed Ithaca College Butterfield Stadium Retaining Wall project, located at 125 Con- seivatoty Drive, Town of Ithaca Tax Parcel No. 41--l-30.2, as shown on the submitted plans refer- enced in Whereas number 3 above, with the following conditions: a_ submission of one set of the final site plan drawings on mylar,vellum, or paper, signed and sealed by the registered land surveyor, engineer, architect, or landscape architect who prepared the site plan material, prior to the issuance of a building permit Vote Ayes: Meier Swain, Collins, Beach, Fogarty, Hill AGENDA ITEM Public Hearing: Continuation of consideration of Final Site Plan Approval for the proposed Maplewood Apartments Redevelopment Project located between Maple Avenue and Mitchell Street, Town of Ithaca Tax Parcel No. 63.-2-10.2, High Density Residential Zone_The proposal involves demolishing the existing Maplewood Apartments housing complex and redeveloping the +/- 17 acre site with up to 500 residential units (studios and 1.4 bedroom units) in a mix of townhomes, stacked flats, and multi-family apartment buildings_ The project will also include some small retail, new interior streets, parking areas, pedestrian facilities, open spaces, storm water facilities, and a commu- nity center_ Cornell University, Owner/Applicant; EdR Trust,Applicant; Scott Whitham, Whitham Planning& Design, LLC, Agent Ms_Meier Swain opened the public hearing at 7:42 p.m. Joe Wilson, Hunt Hill Road, said that he and a number of his colleagues in the community are very interested and participated, to a substantial extent, in the public process in developing the final EIS for the Maplewood project He thanked all staff and the board on behalf of the community_They think they were heard and they found the process to be encouraging of their input, and think that Planning Board Minutes 0221.2017 Page 9 of 10 their suggestions were treated with respect and consideration_ He could see that the town spent considerable time and energy and gave great attention to the efforts that the community made_ He thanked the applicant team for also listening to the concerns of the community and making as many changes as they did in order to accommodate the thoughts and concerns of the community_ He said his blogosphere is already full of chatter about the South Campus Precinct development on East Hill_ Ms_ Ritter said any process for such development will start by getting the public involved in envision- ing for that area. We won't see a plan, all prepared, come before the planning board_The zoning doesn't allow it, so even if it were several years down the road before they'd like to see something built, there's a lot of work to be done, and a process would have to get started. Rowland Laedlein, Belle Sherman Cottages, said that at the last public hearing, he commented on the plantings that would address the issue of headlights shining into the windows of some of the Belle Sherman townhouses_ He looked at the plans afterwards and saw that behind the two parking lots for the Maplewood townhouses, the plantings apparently intended to block headlights lose their leaves during some months of the year. So it seems that without fence sections there, the plantings won't block the lights during colder months_ Ms_Meier Swain closed the public hearing at 7:50 p.m. Mr. Whitham said that the plantings right near those parking areas aren't willows, but evergreens that will be fairly substantial and tall when planted and will last through the seasons_ It may not be clear in the drawings_ Ms_ Chesworth added that the conifers might not be labeled on Sheet L302_There is a hedge of evergreen shrubs adjacent to the parking lot They will revise that sheet to show them_ Mr. Thaete addressed the stormwater. Engineering staff have been working with TG Miller and have come to an agreement on the pre-development scenario_ He said Mr. Schiarabba would submit drawings and information the day after the meeting to give engineering time to look it over before a proposed special meeting on the 28th. Ms_ Ritter suggested that the board discuss any other concerns they might have with the project_Mr. Thaete intends to look over the SWPPP once it's submitted to determine whether it's acceptable_ With all other concerns addressed, the board could schedule a meeting for which the only issue remaining would be for Mr. Thaete to accept the SWPPP;based on his recommendation, the board could consider approval at that time.If Mr. Thaete determines that the SWPPP isn't acceptable by Friday, there won't be a special meeting. Board members had no other comments or suggested changes_They agreed to hold a meeting on Tuesday, February 28th at 12:30 p.m. if Mr. Thaete determines on Friday the 24th that the storm- water plan is sufficient Ms_Meier Swain asked how the project ties in with the water tank_ Ms. Ritter said the water tank is a separate issue; it's likely to go to the town board first for approval. Planning Board Minutes-02-21-2017 Page 10 of 10 Ms. Collins said that in rereading the minutes from the last meeting, she was struck by where we stood the last meeting. She wanted to make sure Mr. Thaete felt he had enough time to go through all the calculations and that lie wasn't rushed. She wondered what changes happened in the model that made him feel it would work. She has a high level of concern that this SWPPP be correct. Mr. Thaete responded that it's just-a matter of having the applicant tweak things to make the SWPPP meet the state requirements. The DEC has recently updated their requirements: applicants now need to use a different a different database for rainfall intensities, and those databases are updated more frequently. We can only make the applicant meet the state requirements. He reiterated that the post- development conditions have to meet the pre-development conditions. With the redevelopment strategy, we had to come to an agreement about the existing flows thar are leaving the site. That was the back and forth we were having. We came to an agreement that the 25 year storm is at a threshold of what we saw. Now that TO Miller have tweaked their predevelopment model to mimic what our observations are in that region, they can now successfully model the post-development condition to meet that pre-development flow rate. This next round should not be as difficult to do. The site is very complex, and due to haste, there was a lot of information that wasn't included on the plan. He wants to make sure the plan is accurate so what's being built wilt work as it's supposed to. A lot of the stormwater practices on site in the pose-development conditions are underground basins.You can't just put these underground chambers in place and have them work: the problem is that you have to get the water into the basins. If inlets clog and things aren't designed properly, the water bypasses the basins. The engineer needs to prove the water will get into the basins. Public works staff get the complaints first, and we have to deal with them. TG Miller will give us the updated information tomorrow, and on Friday, we'll reevaluate to determine whether we're comfortable. AGENDA ITEM Persons to be heard - No one came forward to address the. board. AGENDA ITEM PB Resolution No. 2017.016: Minutes of February 7, 2017 Moved by John Beach; seconded by Melissa Hill RESOLVED, the Planning Board approves the minutes of February 7, 2017, as submitted. Vote Ayes:Meier Swain, Collins, Beach, Fogarty, Hill Adjournment Upon a motion by John Beach, the meeting adjourned at 8:21 p.m. Respectfully submitted, �4,.e(.—..i A �✓N. W 4..Lk4 '�fh ,Debra DeAug e,. Deputy 6�w�i Clerk