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HomeMy WebLinkAboutPB Minutes 2017-04-04 TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, April 4 2017 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox, Linda Collins, John Beach,Yvonne Fogarty, Jon Bosak, Melissa Hill Town Staff Present: Chris Balestra, Planner; Mike Smith, Planner; Dan Thaete, Town Engineer; Bruce Bates, Director of Code Enforcement; Lorraine Moynihan Schmitt,Attorney for the Town; Debra DeAu0stine, Deputy Town Clerk Call to Order Mr_Wilcox called the meeting to order at 7:00 p.m. AGENDA ITEM SEQR Determination: Cornell University Wilson Lab Modular Offices, 142 and 150 Synchrotron Dr. Mr_Wilcox disclosed that his mother shares a home with Mr. Beyers' father-in-law_ Mr_ Beyers said that Cornell is requesting that the prior site plan approval, which is set to expire in 2018,be made permanent.This action does not involve any new development or modification of the use.The two modular offices, located adjacent to the Wilson Laboratory, house scientific researchers involved in high-energy physics work_ Mr_Wilcox commented while the buildings are ugly, they can't be seen from the road_ PB Resolution No. 2017.029: SEAR, Preliminary and Final Site Plan Approval& Special Permit, Cornell University Wilson Laboratory Modular Offices, 142& 150 Synchrotron Drive, Tax Parcel No. 63.4-8.1 Moved by Linda Collins; seconded by John Beach WHEREAS: 1_ This action is Consideration of Preliminary and Final Site Plan Approval and Special Permit for the Wilson Lab Modular Offices located on the Cornell University campus at 142 and 150 Syn- chrotron Drive, Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone_ These modular offices were originally approved in 2000 as temporary modular office facilities, with time extensions approved in 2008 and 2010, which shall expire in December 2018_ Cornell University is requesting to make these permanent buildings_ There are no exterior changes planned_ Cor- nell University, Owner/Applicant; Steve Beyers, P_E_, Cornell Facilities Engineering,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 Planning Board Meeting 04.04.2017 Page 2 of 10 3_ The Planning Board, on April 4, 2017, has reviewed and accepted as adequate a Short Environ- mental Assessment Form (SERF) Part 1, submitted by the applicant, Parts 2 and 3 prepared by Town Planning staff, a narrative, a location map titled "Cornell Wilson Laboratory(on county tax map no. 63), Modular Laboratory Office Locations," date-stamped January 26, 2017, pictures of the existing Wilson Laboratory Modular Offices, 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, 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: Wilcox, Collins, Beach, Fogarty, Bosak, Hill AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the Wilson Lab Modular Offices located on the Cornell University campus at 142 and 150 Synchro- tron Drive, Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone_ The modular offices were originally approved in 2000 and extensions were granted in 2008 and 2010_ Approval for the modular offices is scheduled to expire in December 2018_ Cornell University is requesting approval to make these modular offices permanent There are no exterior changes planned_ Cornell University, Owner/Applicant; Steve Beyers, P_E_, Cornell Facilities Engineering,Agent Mr_Wilcox opened the public hearing at 7:08 p.m.; hearing no one, he closed the public hearing at 7:09 p.m. PB Resolution No. 2017.030: Preliminary and Final Site Plan Approval&Special Permit, Cornell University Wilson Laboratory Modular Offices, 142& 150 Synchrotron Drive, Tax Parcel No. 63.- 1-8.1 3:1.8.1 Moved by Fred Wilcox; seconded by Linda Collins WHEREAS: 1_ This action is Consideration of Preliminary and Final Site Plan Approval and Special Permit for the Wilson Lab Modular Offices located on the Cornell University campus at 142 and 150 Syn- chrotron Drive, Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone_ These modular offices were originally approved in 2000 as temporary modular office facilities, with time extensions approved in 2008 and 2010, which shall expire in December 2018_ Cornell Planning Board Meeting 04.04.2017 Page 3 of 10 University is requesting to make these permanent buildings_ There are no exterior changes planned_ Cornell University, Owner/Applicant; Steve Beyers, P_E_, Cornell Facilities Engineer- ing,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 April 4, 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 April 4, 2017, has reviewed and accepted as adequate a narrative, a location map titled "Cornell Wilson Laboratory(on county tax map no. 63), Modular Laboratory Office Locations," date-stamped January 26, 2017, pictures of the exist- ing Wilson Laboratory Modular Offices, and other application materials; 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, because for all public buildings and educational buildings wherein the principal use is research, administration, or instruction, the same is presumed to exist, and b_ the premises are reasonably adapted to the proposed use, and such use will fill a neighborhood or community need, because all publicly owned or educational buildings are deemed to be adapted to the proposed use and are deemed to fill a neighborhood or community need, and c. the proposed use and the location and design of the existing buildings are consistent with the character of the district in which they are located, as the proposed use, location and design of the existing buildings are not changing, 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, since the existing buildings are located on campus and are not visible from any public road or adjacent landowner, and e_ the presumed benefit of such a use is not outweighed by the objectionable impacts of such use on nearby properties, for the reasons noted above, 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, 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 Planning Board Meeting 04.04.2017 Page 4 of 10 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 presumed benefit of such use is not outweighed by the detrimental effect of the proposed use upon the health, safety, and general welfare of the community, for 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, 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, and L the proposed use and structures comply with all the criteria applicable to site plan review set forth in Town Code Chapter 270, Zoning; 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 permanent approval of the Wilson Laboratory Modular Offices located on the Cornell University campus at 142 and 150 Synchrotron Drive, as described in Whereas#3 above, and 3_ The Planning Board rescinds the condition in its September 2, 2008 resolution (PB Resolution No. 2008.078) and its September 21, 2010 resolution (PB Resolution No. 2010.075 requiring the removal of the building by December 31, 2018_ Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Hill AGENDA ITEM Public Hearing: Consideration of Final Subdivision Approval for the proposed 15-lot subdivision located off King Road East between 132 and 134 King Road East, Town of Ithaca Tax Parcel No.'s 43.1.322, 43.1.3.32 and 43.1.3.4, Low Density Residential, Medium Density Residential and Conservation Zones_ The proposal involves creating 11 residential lots on two new roads plus a 1.6 +/- acre lot reserved for a Town park, with the remaining lands reserved for potential future develop- ment The project will also include new storm water facilities, a walkway along one of the newly Planning Board Meeting 04.04.2017 Page 5 of 10 proposed roads Leading to the park, and a Landscaped area adjacent to the entrance road at King Road East Evan N. Monkemeyer, Owner/Applicant; Lawrence P. Fabbroni,Agent Mr_Wilcox opened the public hearing at 7:11 p.m. Mr_Wilcox said the planning board's obligation is to ensure that the conditions imposed when preliminary was granted have been sufficiently fulfilled for the applicant to be granted final subdivi- sion approval. He noted that the board and staff received a Letter from Mr. Monkemeyer's attorney that afternoon regarding continuation of the public hearing because they couldn't attend the meeting due to scheduling issues_Mr_Wilcox thought a reasonable way to proceed would be to discuss the project, open the public hearing, and make some headway even if there would be no decision yet Mr_ Fabbroni agreed_ Ms_Moynihan Schmitt said council was only recently retained by Mr_Monkemeyer_The applicant wanted the public hearing Left open to be continued when counsel could be present There was no objection to Mr_ Fabbroni speaking to some of the issues_ Mr_ Fabbroni said the attorney who represented Mr_Monkemeyer at the preliminary site plan approval recently retired and threw all his materials out instead of sending the materials to the client_ Mr_Monkemeyer just recently found another attorney_The previous Lawyer had drawn up a restrictive covenant the planning board had requested for Lots 8 and 9 and for the stream behind Lots 5 through 8; the two attorneys will probably want to have a conversation before any decision is made_ It was a fairly straightforward subdivision in 2010_The planning board sent him away with items he needed to correct to satisfy the conditions; he made application to come back to the board in 2011 with the items corrected, at which time the town board got involved and the project came to a grinding halt Mr_Monkemeyer has maintained for the Last six years that this was not just_The subdivision has 11 building Lots, even though the plat says there are 15 Lots_ He explained that there's a Little strip of Land beyond the lots that they're supposed to sell to either of the adjacent Landowners before they can get a permit for lot 8. There's another little piece involved in the right-of-way to the park_Mr_Thaete recently reviewed the plan and wants a few more things done, such as cutting into the water Lines and adding valves_Because they maintained the permit for the stormwater, it's still valid based on the original design_The planning board was most concerned about access to the south hill swamp, which is up the hill about 250 feet from Lots 8 and 9, so there's a restrictive covenant for Lots 8 and 9 to make sure a substantial fence is installed and maintained_ Because the project didn't go forward, Ms_ Brock didn't review all the easements_ Ms_Balestra said all the conditions for final approval need to be met before the planning board chair can sign the plat Mr_Thaete said he talked with the highway superintendant, and they agree that the town is interested in taking over only a 60-foot swath where Rock Cress Road meets East King_ He asked Mr_ Fabbroni why the town would be taking over more right-of-way in that area. Mr_ Fabbroni responded that it seemed of interest to the planning board at the time. There was extensive conversation about Landscaping that 40 extra feet east of the travel way to make it into an attractive entrance to the development. If the town doesn't want it, he will split it off to a 40-foot strip Planning Board Meeting 04.04.2017 Page 6 of 10 of land that Mr_Monkemeyer can maintain during his lifetime; then it can possibly be sold off to the next-door neighbor_ Ms_Balestra said that in the minutes for the preliminary subdivision approval, there was an extensive discussion about landscaping around the sign and one of the conditions of approval of the final resolution is submission of a "draft license agreement for applicant's installation and maintenance of landscaping and neighborhood entrance sign, prior to dedication of Rock Crest Road to the Town." It's not something we generally do,but it was something that was agreed upon by the applicant and the board_ Mr. Thaete said the town's perspective these days is that our manpower is already taxed with main- taining what we already have and that we're not interested in taking on additional property just for landscaping and to beautify a development_He'd like to keep it simple. Why not have Mr_ Monkemeyer just keep the property? Mr. Wilcox pointed out that the road hasn't been formally accepted by the town board; only the concept has been accepted_The town board agreed some number of years ago to accept this addition- al width; they might not do it today_ Ms_ Fogarty asked if the stormwater meets today's standards. Mr_Thaete said it doesn't; it was designed to the 2010 standards_Mr_Monkemeyer obtained the permit in 2010 under those regulations and has paid his fees ever since, so he's grandfathered in. There's nothing we can hold the applicant to at this time. Ms_ Fogarty said she thinks the applicant should step up and follow the regulations in place today because we know that the weather patterns have changed and that the previous regulations are no longer applicable_ Mr. Fabbroni said there's a substantial pond. He's sure he could work with Mr_Thaete to increase the capacity the pond can hold, but doing a new plan is out of the question_ Mr. Thaete said he doesn't think the basin size would change much; it's more the green infrastructure and infiltration practices that would have to be installed to meet current regulations. We've always designed for the 100-year storm_ Granted, the precipitation averages have changed over time and we use more up-to-date averages,but if you run those numbers on a stormwater basin like the pond, it's not going to change very much in size_ His professional opinion is that the amount of runoff is not going to change much; if it had to meet current regulations, what would change are the filtering practices to help filter the stormwater_ Mr. Fabbroni said he didn't think Mr_Monkemeyer would object to informally having things like rain gardens at the low point of a lot,but the new requirements are pretty onerous per lot Ms_Moynihan Schmitt added that this board cannot impose a new condition that would change the substantial compliance between the preliminary and final plat The SEQR was done in 2010, and there wouldn't be sufficient data to reopen that neg dec. Planning Board Meeting 04.04.2017 Page 7 of 10 Mr_ Bosak pointed out that this is a 15-lot subdivision and only II Lots are shown on the plat Numbers 1 through 4, which are assigned to various fragments, aren't shown. Ms_Balestra pointed out where they are on the plat Mr. Wilcox added that when we have subdivisions where parcels are dedicated to the town for things like roads, those are not necessarily numbered because they're not residential lots. The plat shows the I I residential lots that will be created, numbered 5 through 15_ Mr_ Bosak thought it important that the other four lots be labeled as such on the plat so that someone looking at the record 50 years from now will understand what happened_ Mr. Fabbroni agreed to add the labels to the final subdivision plat A gentleman from the audience wondered if they were taking the woods down_ He said the woods are a habitat for four different amphibians_ Mr. Fabbroni said it depends on where the houses would be located_ The gentleman asked about drainage issues_ Mr_Wilcox responded that the stormwater management system as designed conforms with the regulations in effect 12 years ago_The regulations have changed, but the requirement is that the stormwater management system meet the regulations in place at the time this was given preliminary approval_Mr_Thaete made the comment that if the new regulations were used, it wouldn't change a lot The gentleman thought the system should be designed for the future_ Mr_Thaete said that, unfortunately, we can only adhere to the state standards; we can't make the applicant do anything over and above that The DEC has updated their rainfall amounts from the 1950s; now they use current averages_ In his professional opinion, if Mr. Fabbroni used the current regulations and redesigned the basin for current rainfall intensities and amounts, it probably wouldn't change that much. It might mean a minor tweak in the outfall structure_ Mr_Wilcox continued the public hearing to the meeting of May 2nd_ Ms_ Fogarty asked whether Mr. Monkemeyer would build the houses or have the buyers build them_ Mr. Fabbroni said one of the builders of Southwoods is interested in at least four lots_Mr_ Monkemeyer will be looking for builders to build either spec or custom homes_The big lots at the end will be for his son and daughter. AGENDA ITEM Public Hearing: Consideration of a Recommendation to the Zoning Board of Appeals for sign variances for the proposed Maplewood Redevelopment Project temporary construction signs located along Mitchell Street and Maple Avenue, Town of Ithaca Tax Parcel No. 63.-2-10.2, Planned Planning Board Meeting 04.04.2017 Page 8 of 10 Development Zone No. 15_ The proposal involves the installation of two temporary construction signs, each 32 -/- square feet in area, to be located along Mitchell Street and Maple Avenue at project site entrances_ Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott Whitham, Whitham Planning& Design, LLC,Agent My Wilcox opened the public hearing at 8 p.m. Mr_ Bates said what they're proposing are not signs, but banners, and the section listed in the memo is the wrong code section. It's still a sign, but the subset is banner. Ms_ Chesebrough said the signs will be installed on the fences facing Mitchell Street and Maple Avenue during the construction period of the Maplewood site. Ms_ Collins said that from the way they're referred to in Mr. Whitham's memo, it seems that they're both construction signs and a form of marketing_She noted that the project name is not on the facsimile for the signs in the packet She also pointed out that the tagline says "the next level in student housing..." She thought it should say"graduate" student housing. Ms_Balestra interjected that the board has no authority to determine the content of signs_ Ms_ Collins said that she is making it as a suggestion_She also wondered why Cornell is not men- tioned on the signs_ Ms_ Chesebrough said that it's because it's a private development Mr. Beach agreed that the sign should say that it's graduate student housing_Neighbors who did not follow these proceedings might worry about student housing as opposed to graduate student housing_ My Bates pointed out that our law doesn't specify how many banners you can have; they need exemptions for the size and because they'll be fewer than 500 feet off the road_ Mr. Wilcox wondered why a 3 x 6 sign wouldn't be reasonable, cutting the square footage down from 32 to 18 square feet for each sign_ He noted, however, that at least they're nicer signs than the wooden ones put up at construction sites_ My Bosak said that ordinarily he would be concerned about the size, but given the importance of the project and the fact that the sign will be on a fence at right angles to drivers, he imagines people will pass it a few times without even registering it Ms_ Fogarty pointed out that the fence will be completely covered with some black material, so the signs will be an improvement My Harlan said he hopes the project is a success_ My Wilcox closed the public hearing at 8:10 p.m. Planning Board Meeting 04.04.2017 Page 9 of 10 PB Resolution No. 2017.031: Recommendation to Town of Ithaca Zoning Board of Appeals, Sign Variance - Maplewood Redevelopment Project, Mitchell Street&Maple Avenue, Tax Parcel No. 61-2-10.2 Moved by John Beach; seconded by Yvonne Fogarty WHEREAS: 1_ This action is consideration of a Recommendation to the Zoning Board of Appeals for sign variances for the proposed Maplewood Redevelopment Project temporary construction signs located along Mitchell Street and Maple Avenue, Town of Ithaca Tax Parcel No. 63.-2-10.2, Planned Development Zone No. 15_ The proposal involves the installation of two temporary construction signs (banners), each 32 +/- square feet in area, to be located along Mitchell Street and Maple Avenue at project site entrances_ Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott Whitham, Whitham Planning & Design, LLC,Agent; and 2_ The Planning Board, at a Public Hearing held on April 4, 2017, has reviewed and accepted as adequate a letter from the applicant(dated March 3, 2017), location maps, designs of the two signs (banners), and other application materials; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, hereby recommends that the Zoning Board of Appeals approve the request for the sign variances for two temporary construction signs, each 32 +/- square feet in area, to be located along Mitchell Street and Maple Avenue at the project site entrances, subject to the following conditions: a_ The signs (banners) shall be removed within 18 months of the date of any Zoning Board of Appeals approval, or within 15 days after the last certificate of occupancy is issued, whichever is sooner, and b_ The applicant must obtain sign permits from the Town of Ithaca prior to installing the signs (banners)_ Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Hill AGENDA ITEM Persons to be heard- No one came forward to address the board_ AGENDA ITEM PB Resolution No. 2017.032: Minutes of March 21, 2017 Moved by Fred Wilcox; seconded by Yvonne Fogarty Planning Board Meeting 04.04.2017 Page 10 of 10 RESOLVED, the Planning Board approves the minutes of March 21, 2017, as amended_ Vote Ayes: Wilcox, Beach, Fogarty, Hill Abstentions: Collins, Bosak Adjournment Upon a motion by Melissa Hill, the meeting adjourned at 8:17 p.m. Respectfully submitted, Debra DeAugistine, Deputy Town Clerk