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HomeMy WebLinkAboutPB Minutes 2017-12-05 TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tues.day,D ceernher�5201,7 AGENDA 7:00 PAI. SEAR Deternu nation: Maplewood Redevelopment Protect Modifications, between Maple Avenue and Mitchell Street. The planning Board will consider if a Supplemental Environmental Impact Statement will be required for the proposed niodifications. 7:00 P.M. PUBLIC HEARING: Consideration of modifications to the February 28, 2017 Site Plan Approval (as amended August 1, 2017) for the Maplewood Apartments Redevelopment Project located between Maple Avenue and Mitchell Street, Town of Ithaca Tax Parcel No. 61-2-10.2, Planned Development Zone No. 15. The applicant is requesting to be able to work on Saturdays front &arn to 4prn. Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott Whitham, Whithani Planning& Design, LI-C, Agent, 7:15 P.M. SEER Determination: IthaCAN & Bottle Return, 614 Elmira Road. 7:15 P.M. PUBLIC HEARING: Consideration ofPreliannary and Final Site Plan Approval for the proposed IthaCAN & Bottle Return located ad 614 Elnura Road, own of Ithaca Tax Parcel No. 33.-3-2.42, Light Industrial Zone. The proposal involves using the existing building for a bottle and can redemption facility. The proposal also includes parking spaces for staff and customers along with using an existing paved area on the west side of the building for a tractor trailer. Ithaca Realty LLC, Owner; RLTW LLC, Applicant; Steven Alexander, Central Recycling Co-op Inc., Agent. 5. Consider approval of the 2018 Planning Board Meeting Schedule. 6. Consider a recommendation to the Town Board regarding the Chairperson of the Plannnin, Board for 2018. 7. Persons to be heard 8. Approval of Minutes: October 17, 2017 9. Other Business - Report from the Town Engineer on approved lot fineadjustrinent - Discussion of proposed modifications to Town Code Section 270-200 "Considerations for approval" (Special Permit of Special Approval) - Planning Director's Report 10. Adjournment Susan Ritter Director of Planning 273-1747 NOTEe IF ANY MEMBER OF 771E PLANNING BOARD IS UNABLETO ATTEND,I'LEASE'NOTIFY SANDY POLCE AP 273.1747 or SPOLCE01 0"'NXFIIACA.N1,US. (A quorum of four(4)members is necessary to-conduct PI inning Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website under"Planning Board"on the"Meeting Agendas"page(Mlle:</www.lawnJ1haca.ny.usdrnate[hr ). TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday,December 5,2017 By direction of the Chairperson of the Planning Board,NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday,December 5,2017,at 215 North Tioga Street,Ithaca,N.Y.,at the following times and on the following matters: 7:00 P.M. Consideration of modifications to the February 28, 2017 Site Plan Approval (as amended August 1, 2017) for the Maplewood Apartments Redevelopment Project located between Maple Avenue and Mitchell Street, Town of Ithaca Tax Parcel No. 61-2-10.2, Planned Development Zone No. 15.The applicant is requesting to be able to work on Saturdays from 8am to 4pm. Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott Whitham, Whitham Planning&Design,LLC,Agent. 7:15 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed IthaCAN & Bottle Return located at 614 Elmira Road,Town of Ithaca Tax Parcel No. 33.-3-2.42,Light Industrial Zone. The proposal involves using the existing building for a bottle and can redemption facility. The proposal also includes parking spaces for staff and customers along with using an existing paved area on the west side of the building for a tractor trailer. Ithaca Realty LLC, Owner; RLTW LLC, Applicant; Steven Alexander, Central Recycling Co-op Inc.,Agent. Said Planning Board will at said time and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Susan Ritter Director of Planning 273-1747 Dated:Monday,November 27,2017 Publish:Wednesday,November 29,2017 TOWN OF rrl-lACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Sandra Poke, being duly sworn, depose and say that I am a Senior Typist for the Town of Ithaca, Tompkins County, New York; that the following Notice has been duly posted on the sign board of the Town ol'Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal. Notice of Public Hearings to be held by the Town of Ithaca Planning Board in the Town of Ithaca Town Hall, 215 North Tioga Street, Ithacer, New York, ort Tuesday, Uecemher 5, 2C)1.7 commencing at 7:00 P.M., as per attached. I-Axation of Sign Board used for Posting: Town Clerk Sign Board —215 North Tioga Street, Date of Posting: November 27, 2017 Date Of Publication: November 29, 2017 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 29'h day of November 2017. Notary Public M UORW I Kr-f,t!-y NV,ary Nm Yo* Zm Q�1', 0d q May 97, 20 TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, December 5, 2017 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox, Linda Collins, Joseph Haefeli, John Beach, Yvonne Fogarty, Liebe Meier Swain, Jon Bosak, Melissa Hill Town Staff Present: Susan Ritter, Director of Planning; Chris Balestra, Planner; Mike Smith, Planner; Bruce Bates, Director of Code Enforcement; Dan Thaete, Town Engineer; David O'Shea, Civil Engineer; Susan Brock,Attorney for the Town (via phone); Debra DeAugistine, Deputy Town Clerk Call to Order Mr_Wilcox called the meeting to order at 7:02 p.m. He noted that Ms_ Brock was attending by phone_ AGENDA ITEM SEQR Determination: Maplewood Redevelopment Project Modifications, between Maple Avenue and Mitchell Street. The Planning Board will consider if a Supplemental Environmental Impact Statement will be required for the proposed modifications_ Mr_ Resetco reported that they're making good progress_The goal for opening is July of 2018_They're tremendously proud of the townhouses on Mitchell Street.They've taken advantage of the longer construction hours and the Saturday hours to make up time lost to rain delays and other things that have come up_The coordination with the community is going very well. Mr_Whitham said that in their ongoing conversations with the neighbors, they've been surprised to hear the level of agreement that the project is going well.They had an issue at one point with one of the subcontractors tracking mud in the road,but it was taken care of quickly_They haven't heard any major complaints, but rather have received compliments about the buildings themselves, particularly from the neighbors who were concerned about making the roofline along Mitchell Street more residential than commercial. Mr_ Resetco stated that they've made strides to make sure issues are resolved quickly_The reason they're requesting regular Saturday hours is that they're constantly pushing on the construction team because they don't know what things will come up that will require mitigation and they'd like to stay as much ahead as possible_ Art Thompson and Tim Frost, Chase Construction, addressed specific reasons why they need to work Saturdays: Mr_Thompson said they've found that there has been a substantial amount of work around the region_A lot of their workforce has to get in at least five full days per week, so with the loss of a few hours in a day because of rain, they need the Saturdays to make up the hours_Many of the workers travel in from other areas, so they're looking to work five or six days per week, and the developer has Planning Board Mintues 1205.2017 Page 2 of 12 Lost contractors to other projects where they can get five or six days per week.That's one of the biggest hurdles_ Mr_ Frost said they have days where they encountered rain, and while the job isn't shut down, some activities are impacted_There is a domino effect because of losing those activities_ Having the Saturdays would let them keep the project moving_They're proposing using a significantly smaller crew than on a typical weekday (maxing out at 200.225), looking at capping it to a third of the workforce on Saturdays to help mitigate the impacts on the surrounding community_ On a majority of the buildings, they'll be moving to more interior work, which will have less of an impact They'd schedule work so they would not need town inspections on weekends,but would still be able to move the project forward_ Mr_ Resetco said that as a mitigation, they'll be using a crew roughly a third the size, so while the amount of work happening on site is critical to the project being completed on time, the impacts to community will much smaller_The indoor work will ramp up_They think they're 25 days behind so the ability to work on Saturdays will help them make up those days_ Ms_ Fogarty asked why they won't need building inspectors on weekends_ Mr_ Resetco said they have to schedule all inspections with the building department, but they don't need to be there 24 hours a day_Work on Saturday can be inspected on Monday_ Mr_ Bates said our normal work days are Monday through Friday, 8 to 4_The town board put in provisions for after-hours inspections_ Part of the conditions of those is that inspections have to be approved by him prior to, because he can't demand that his officers do weekend inspections_ So if they want a weekend inspection, they have to pay more and he has to find someone to cover it If they don't get prior approval for a Saturday inspection or if they don't wait until Monday, they have to uncover the work done_ He thinks it's working out well. Ms_ Collins asked about the July 2018 date_Which phases will be complete by then? Mr_ Resetco said they have 27 buildings on site and their goal is to deliver buildings for completion in July and August to accommodate the residents coming in. Ms_ Collins commented that an important mitigation is indoor versus outdoor work on Saturdays_ Mr_ Resetco responded that there are 22 buildings under construction related to foundations and beyond_The goal is to have all foundations completed by end of this year, so there are a few buildings that will need foundations finished_Then the framing will begin_The framing and exterior walls would have to be finished before interior work can start Between now and the end of February, they need to finish the framing work, and those are the majority of the trades that have to work on Saturdays_A number of buildings are enclosed and interior work is ongoing_ Of the 22 buildings, interior work is happening on five or six_That will increase until the end of February when they anticipate all the framing will be completed_They're not proposing only inside work,but to have far fewer people onsite and that the outdoor work to be a smaller percentage of the work_ Planning Board Mintues 1205.2017 Page 3 of 12 Ms_ Collins asked whether all the earth moving and noisy equipment work is coming to an end because the foundations are nearly done_ Mr. Resetco said the site work necessary for building construction is going to be completed fairly soon,but there will be a significant amount of site work happening in the spring related to retaining walls, road construction, planting beds_ Site work related to the buildings themselves is coming to an end. Mr_ Bates pointed to the site address map he included in the packet_ Roughly five buildings have not been started and those are in the mostly middle of the site. Of all the buildings, only one permit has not been issued_The seven buildings marked "framing" are in some stage of the framing, but not weathertight The ones marked "closed up" means a building is standing there_ Mr. Wilcox asked whether the need for concrete in the city of Ithaca caused this project to slow_ Mr. Bates said the demand is such that delivery trucks can't keep up with it.Also, from the time they mix the batch of concrete and the time it sets, they only have 90 minutes to pour it. Mr. Haefeli said the parking seems to be working out nicely_ He sees crews walking back and forth to the lot_ He asked Mr_ Bates for feedback on the 18 Saturdays he's granted_ Mr_ Bates responded that when this board gave him the authority to approve work on Saturdays, he had to be given a good reason to allow the work_The reason was the weather_ He took into consideration how it would affect the neighbors, and did not get negative feedback from them_There were other complaints,but not because of the Saturday work hours_When he did get a complaint, he addressed it with LeChase and EdR and they immediately took care of it. Mr_ Haefeli asked why not just continue with the system of Mr_ Bates approving Saturday work on a case-by-case basis instead of giving them carte blanche_The system seems to be working_ Mr. Bates said he permitted the work based on a valid reason_Weather is a valid reason_ Poor planning isn't a valid reason_ He said this board put restrictions on the conditions under which he could allow Saturday work; if they want to work every Saturday, they need to be granted permission by the board_ Mr_ Haefeli said that if it's because of a labor issue, Mr_ Bates doesn't want to weigh in. We can't supply enough local labor to do this project? He's heard complaints that EdR is not using as much union labor as they can. If the developer wants to work on Saturdays to get around using union labor, they'll get less sympathy_ Mr. Resetco said they're using both union and non-union labor. Some of the trades being employed are more commercial than residential. Mr. Frost said they're not asking for Saturdays to get around using union labor. It's that the type of construction they're doing is more specialized, large-scale wood framing, and a lot of those particular contractors are travelers_Those are the people they're losing to traveling because they go to other areas where they can work six or seven days a week and not have to take off on weekends_ Planning Board Mintues 1205.2017 Page 4 of 12 Ms_ Collins: you said workers need to work five days_ Is that a contractual arrangement? Is it needed by unions or is it a personal decision from workers? Mr_ Frost said it's a combination of all those things_They have a contractual requirement that they need to maintain their schedule and if they miss days, they have to be able to make them up_ It's also due to the travelers leaving because it's a tight market_ Mr_ Resetco said they've done a good job mitigating noise issues Saturdays_ If they continue working on Saturdays and if it becomes a problem, he would expect that would be a reason to no longer allow it. Mr_ Haefeli agreed that it could be a contingency on approving this that if it becomes a problem, it goes away. Ms_ Fogarty said if you know this is typical, could you have anticipated it? Mr_ Resetco responded that they did not anticipate the labor shortage; they thought they'd have more crews that would be able to work the contracted number of hours_ Ms_Brock addressed the process the board needed to follow: The first thing you need to do is determine whether the proposed change would require a supplemental EIS_The standard is whether the current final EIS contains sufficient information to analyze the impact of the proposed change_ If you think the final EIS has enough information to analyze the impacts of Saturday construction, you could have a resolution saying that no supplemental EIS is necessary_That's the first step_Then the current findings statement said that to adequately mitigate noise and vibration impacts, construction should not be routinely scheduled for Saturdays with the exception that the Director of Code Enforcement approves Saturday construction, if required by extenuating circumstances_ If you're modifying the site plan condition to allow routine Saturday construction, it's somewhat at odds with that statement in the findings_The SEQR Handbook says a board may prepare a supplemental findings statement in this type of situation_ So now you've said you don't need a supplemental EIS and you're revised the findings statement and the last step would be the resolution to modify the site plan conditions_ Mr_ Bosak said that his impression, with respect to a supplemental EIS, is that this situation is exactly the same as when we considered changing the work hours and we came to the conclusion then that a supplemental EIS would not be required because basically this possibility was at least contemplated in the SEQR findings_ He doesn't understand why we need extra motions that we didn't need the last time.Why is this different? Ms_Brock responded that the last time, the change that was required was entirely consistent with the findings statement_The findings statement said no noise above 85 decibels could occur between the hours of 8 a.m. and 6 p.m.When the developer came in, they asked to extend the hours by one hour in the morning and one hour in the evening, however they would not exceed the 85 decibels during those extra two hours_This time, the findings has a statement saying that to have adequate mitigation for the noise and vibration impacts to the nearby residences, work should not be routinely scheduled Planning Board Mintues 1205.2017 Page 5 of 12 for Saturdays_So we need to amend that, and the way to do it is through a supplemental findings statement You need to change that wording before you can approve it. Mr_ Bosak said that it seems we have to change our minds about the conclusion we came to.What has changed to make us change our mind? Ms_Brock said it's not exactly changing your mind, but if you find other scenarios to adequately mitigate, that would be acceptable_ If the developer said anything to lead you to believe that the stage they're at or where they're working would mitigate the impacts, you can rely on that Mr. Wilcox asked the board where they wanted to go before talking about mitigations_ He said it seems odd to change the findings statement; we put a lot of time and effort into it Ms_ Collins said she wasn't leaning toward changing the findings statement She re-read the original findings, and it said we would mitigate the project by not allowing them to work on Saturdays_Then the ball went to Mr. Bates's court We're dealing with a complex situation that does not make her feel comfortable giving them carte blanche to work on Saturdays_She considered that maybe they could work on Saturdays but only indoors,but that approach didn't fly with the developer. She likes what the staff put together because it shields the neighborhoods and puts it back into Mr. Bates's court so he can deal with extenuating circumstances on a case-by-case basis_ Ms_ Fogarty wanted to hear what the public had to say_ Ms_Meier Swain said she was uneasy because there are likely 800 individuals hoping to have housing_ If they don't have housing in July, what impact will it have on other available places? Mr. Wilcox asked, from the perspective of the neighbors, whether it would be better to work six days a week between now and May 1st or five days a week until August or September. Mr. Hefeli said another consideration is that working now during winter when the neighbors' houses are closed up is better than in summer. Mr. Wilcox said what still bothers him is that this project is running late because someone was so stubborn about changing the architecture of the buildings along Mitchell Street and how it delayed the EIS, the approval, and the start date_ Ms_Balestra agreed that they were stubborn,but from a staff perspective, it was the quickest EIS we've ever gone through.We met the deadline in the minimum way possible_ Changing the architecture still would not have expedited the SEQR process_We had no gaps in the meetings_ Mr. Bosak said that he didn't see any overwhelming hardship imposed by keeping doing what we've been doing on a case-by-case basis_Why should we twist ourselves into pretzels to save folks a little back and forth? Mr. Wilcox thought the public could interpret that as saying: The planning board doesn't want to say yes to Saturday, but we'll let code enforcement say yes to Saturday_ Planning Board Mintues 1205.2017 Page 6 of 12 Mr_ Bosak said it would at Least be totally consistent with what we said in the beginning_ Mi_ Ritter pointed out that when we wrote the findings statement, we didn't know what it was going to be like_We just knew that this was going to be the biggest project the town has ever taken on and we were worried that it would be a significant impact on the neighborhood, a major disruption_ If allowing work on Saturdays had a significant impact, we would have heard about it Mr_ Bosak said Ms_ Ritter had touched on reasons the board could give for going this route: there haven't been serious complaints and we thought there would be, they've been really responsive and we couldn't guarantee that, they're moving inside, which will lessen any impacts_ Ms_ Ritter agreed, saying it was an unknown when we were writing this. Ms_ Hill asked what would happen if work starts on Saturdays and they still get behind_ Mr_ Resetco said that if they get further behind at this point, they'll have to deal with the scenario of delivering late_They don't have the intention of working on the 4th of July or Sunday afternoons_ They're pretty confident that we can finish if this passes_ Mr_ Haefeli said he was okay with the full workforce on Saturdays_ It's the kind or work that will be done that concerns him_Mr_ Bates is being put in a position to give out Saturdays for logistical and technical reasons_When it starts to deal with the economy and the labor pool, it doesn't feel like something he should be making decisions about Mr_ Bates said that when he first approved the Saturdays, he looked at it from the point of view of: if he lived there, what would he want? He then looked at it from a construction standpoint: he's been there; he knows what happens when a project has to be done and you don't have the manpower_This project is going to get finished_ It's a matter of how it's going to get finished and when it's going to get finished_ Our job is to make sure it gets done correctly and meets all requirements of the building code_When the board gave him the responsibility to make the decision to allow them to work under extenuating circumstances, they didn't specify what those circumstances were. He had to use his judgement He has to consider what will be the least intrusive to the neighbors and how he can mitigate it In his opinion, they should work on Saturdays, get it done, and get out of our town_ He predicted this to the planning board a long time ago_They're building a city up there_There are 225 employees working there_ It's going to be a good community the way it's set up_There are always inconveniences when there's construction_ It's the winter time; let them work_When the decision is left to him whether to let them work, he has to answer any complaints and back his argument as to why he's letting them work_ Mr_ Beach said if the system is in place for the Saturdays, why not keep it up? There's already a process; let it continue? Mr_ Bates responded that he doesn't want the responsibility to make that decision when the whole board can make that decision_ Mr_Wilcox invited the public to speak_ Planning Board Mintues 1205.2017 Page 7 of 12 Rowland Laedlein said he Lives in Belle Sherman Cottages and sees the three-story townhouse going up across his fence every day_ He's an officer of the HCA, and the complaints that came to him were more about backing up of machines and the hours they started in the morning_The two instances when that was raised, it was quickly resolved, and he hasn't heard another complaint People talk in general about hearing hammering, etc, but the sound fades into the noise of their own houses_The point about the windows being closed now is a valid one. He hears a little bit in the kitchen, when he walks the dog, but it's not unusual. He has not heard anyone complain that they can't wait until it gets done_The biggest problem is the dust, which is inevitable_ Mr_ Bosak asked him whether he would you rather have the work over quicker by adding Saturdays_ Mr_ Laedlein said he would_ A gentleman said that he lives on Mitchell Street, and he agrees that the noise is a lot better now that the windows are closed_The buildings along Mitchell are mostly enclosed, so the work near them will mostly take place inside once they finish the siding_ Regarding work on Saturdays, there have been times when he's actually wondered whether they're really working_ It's been fairly quiet He agrees with Mr_ Laedlein about the dust He has to walk through it on his way to work_Another issue impacting the neighborhood is that there seems to be a lot of trash being dropped outside the fence, and it wasn't like that early on. On the whole the workers are good neighbors_ His only concern is that he looked at the marketing web site and they were marketing to undergrads_They were assured it would be graduate student housing, so what's the process for making sure undergrads aren't renting? Mr_Wilcox said we were told it would be populated with grad and professional students_ Can we enforce that? Ms_ Ritter responded that it was a mistake on the web site. It disappeared quickly once it was noticed_ Mr_ Bosak made a list of reasons we could give for coming to a different finding: given the lack of complaints to the code enforcement office regarding Saturday work so far, there's not the level of impact we were anticipating; the work is moving indoors now, the noise level is better already and will continue to improve going forward; we're only going to have a third of the weekday workforce on Saturdays; other problems that have arisen have been quickly resolved and the applicant seems to be responsive to issues; allowing Saturdays will mitigate the impact on the neighborhood by getting the work over quicker_ Mr_Wilcox said Mr_ Bosak's list needs to differentiate between the findings we make and the mitigations we believe would go along with them_ He noted that we could not have made the finding about Saturday work before_ Mr_ Bosak said we might not need to provide a mitigation to make this work_The change to the findings could be eliminating everything after "Sundays and Federal holidays_" The board was comfortable with allowing them to work on Saturdays_ Mr_ Bosak commented that if they wanted to hit a 2018 date, they could have started a year earlier_ Planning Board Mintues 1205.2017 Page 8 of 12 Mi_Wilcox did not want to write the Language during the meeting, especially with counsel not present He's not in favor of writing resolutions on the fly_ He would rather that staff and counsel work together to have something ready for the next meeting_ In the meantime, Mr_Bates can make a determination based on the criteria, if asked_ Mr_ Haefeli said if they want to have 1000 people working there, he's fine with it, as Long as nobody notices_ AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval for the proposed IthaCAN & Bottle Return Located at 614 Elmira Road, Town of Ithaca Tax Parcel No. 33.-3-2-42, Light Industrial Zone_ The proposal involves using the existing building for a bottle and can redemption facility_ The proposal also includes parking spaces for staff and customers along with using an existing paved area on the west side of the building for a tractor trailer_ Ithaca Realty LLC, Owner; RLTW LLC,Applicant; Steven Alexander, Central Recycling Co-op Inc.,Agent Mr_Wilcox opened the public hearing at 8:30 p.m. Mr_Alexander stated that they're asking to use the property as a redemption center_ It will be something very similar to K&H_They pay people 5 cents for their cans and bottles_They put the plastic in a bag, the aluminum in another bag, and the glass in cardboard boxes_When they have enough, they fill up the trailer and swap the trailer out with an empty trailer_The cans and bottles go to their facility in Horseheads_Aluminum and plastic is bailed and sold as scrap; glass is crushed and sold to a facility in Elmira and is primarily used to make Sam Adams bottles_ Central Recycling Co- op, the parent company, is owned by the Local beer distributers and also by Pepsi; Coke is no Longer an owner, but CRC still picks up their bottles and cans_They're going to offer 6 cents for returns, as an entry into the market; so they make 2.5 cents per return_ Ithaca has the Lowest redemption rate by population in the seven-county area. Using that data, they think there are a Lot of cans and bottles not being redeemed_ Mr_Wilcox pointed out that they're going to prevent access from the existing access off Elmira Road, closest to Ithaca Beer Drive_ Mr_Alexander said they're going to place planters to block people from access at that point and force traffic to exit onto Brewery Drive_The other Elmira Road access will be an entrance only. Mr_Wilcox closed the public hearing at 8:38 p.m. Mr_Thaete noted that they're exiting onto Ithaca Beer Drive, which is a private road owned by Ithaca Beer_ He wondered whether they had the right to use that drive_ He wanted them to provide an easement They're changing their exit from directly onto Elmira Road to Ithaca Beer Drive_ Ms_Balestra said they're not changing the existing access_ Mr_Thaete said it's an existing issue that hasn't been dealt with. If they generate traffic that wasn't there before and Ithaca Beer complains, he and Mr_ Bates will have to get involved_ He wants to make sure they have the right to do that Planning Board Mintues 1205.2017 Page 9 of 12 Ms_Balestra said there's a very long history about this in the planning files, including a 1974 suggestion of doing exactly what's being proposed for this project Redirecting the traffic and closing off the massive asphalt area was something the planning board approved back when the Bell's Convenient Store moved in. It's something that's never been accomplished_ Mr_Thaete said he wants the documentation provided prior to CO, that this property has access to Ithaca Beer Drive_ PB Resolution No. 2017.073: Preliminary and Final Site Plan Approval, IthaCAN &Bottle Return, Tax Parcel No. 31-3-2-42, 614 Elmira Road Moved by John Beach; seconded by Liebe Meier Swain WHEREAS: 1_ This action involves Consideration of Preliminary and Final Site Plan Approval for the proposed IthaCAN & Bottle Return located at 614 Elmira Road, Town of Ithaca Tax Parcel No. 33.-3-2-42, Light Industrial Zone_ The proposal involves using the existing building for a bottle and can redemption facility_ The proposal also includes parking spaces for staff and customers along with using an existing paved area on the west side of the building for a tractor trailer_ Ithaca Realty LLC, Owner; RLTW LLC,Applicant; Steven Alexander, Central Recycling Co-op Inc_,Agent; and 2_ This is a Type II Action pursuant to 6 NYCRR Section 6175(c)(7) of the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Envi- ronmental Quality Review Act,because the Action constitutes "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and con- sistent with local land use controls,but not radio communication or microwave transmission facilities," and thus approval of the project is not subject to review under SEQR; and 3_ The Planning Board, on December 5, 2017, has reviewed and accepted as adequate a narrative titled "RLTW LLC Narrative for use of 614 Elmira Road, Ithaca, NY 14850", a survey map of the property titled "Survey Map of 614 Elmira Road-Town of Ithaca-Tompkins County-New York," prepared by Kenneth A. Baker, Professional Land Surveyor, dated 5/15/95 and last amended 10/4/05, plans entitled "IthaCAN & Bottle Return, 614 Elmira Road, Town of Ithaca, NY," prepared by Stream Collaborative architecture and landscape architecture dpq including Sheet 1_001 titled "Vicinity Map," dated 11/20/2017, Sheet L002 titled "Existing Aerial Site Plan," dated 11/20/2017, and Sheet L003 titled "Proposed Site Plan," dated 11/30/2017, and other application materials; NOW THEREFORE BE IT 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 Planning Board Mintues 1205.2017 Page 10 of 12 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 IthaCAN &Bottle Return, located at 614 Elmira Road, as described in the materials listed in Whereas #3 above, subject to the following conditions: a_ Before issuance of a building permit, granting of any sign variances from the Zoning Board of Appeals, and b_ Before issuance of a certificate of occupancy, submission of proof of the right to access Brew- ery Lane, satisfactory to the attorney for the town_ Vote Ayes: Wilcox, Collins, Haefeli, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM PB Resolution No. 2017.074: Town of Ithaca Planning Board, Schedule of Meetings - 2018 Moved by John Beach; seconded by Liebe Meier Swain RESOLVED, that the Town of Ithaca Planning Board hereby adopts the following as its schedule of Regular Meetings for the Year 2018_ Unless otherwise noted, all meetings will be held on the first and third Tuesday of each month, commencing at 7:00 p_m_ and ending by 10:00 p.m. FIRST MEETING OF THE MONTH SECOND MEETING OF THE MONTH January 2, 2018 January 16, 2018 February 6, 2018 February 20, 2018 March 6, 2018 March 20, 2018 April 3, 2018 April 17, 2018 May 1, 2018 May 15, 2018 June 5, 2018 June 19, 2018 July 3, 2018 July 17, 2018 August 7, 2018 August 21, 2018 September 4, 2018 September 18, 2018 October 2, 2018 October 16, 2018 November 6, 2018 November 20, 2018 December 4, 2018 December 18, 2018 Vote Ayes: Wilcox, Collins, Haefeli, Beach, Fogarty, Meier Swain, Bosak Planning Board Mintues 1205.2017 Page ii of 12 AGENDA ITEM PB Resolution No. 2017.075: 2018 Planning Board Chair, Recommendation to Town Board Moved by Jon Bosak; seconded by Yvonne Fogarty Resolved, the Town of Ithaca Planning Board recommends to the Town Board that Fred Wilcox be appointed as Chair of the Planning Board for the year 2018_ Vote Ayes: Collins, Haefeli, Beach, Fogarty, Meier Swain, Bosak, Hill Abstentions: Wilcox AGENDA ITEM Persons to be heard- No one came forward to address the board_ AGENDA ITEM PB Resolution No. 2017.076: Minutes of October 17, 2017 Moved by Fred Wilcox; seconded by John Beach RESOLVED, the Planning Board approves the minutes of October 17, 2017, as amended_ Vote Ayes: Wilcox, Haefeli, Beach, Fogarty, Meier Swain, Bosak, Hill Abstentions: Collins AGENDA ITEM Other Business Report of Town Engineer The owner of 113 Kay Street is the same as the owner of lot 410 on Warren Road_ He's been told the house on Kay Street used the garage located on 410's lot for quite some time.The owner wants to make it official by moving the lot line so it's on the Kay Street parcel. Planning Director's Report There are three pieces of legislation before the town board for a proposed residential rental property operating permit program, two dealing with the operating permit requirement. Any owner of a rental property in the town will need to get an operating permit. Operating permits are currently required for dwellings with three or more units; this law will cover all the other rentals except for short-term rentals, which will be covered by a different piece of legislation the town board is working on. Another part of the regulation deals with accessory dwelling units (ADUs)_ Currently, ADUs are Planning Board Minnies 1.2-05-2017 Page 12 of 12 allowed to be 50% of the size of the main dwelling; however, if they're built within the basement area, they can exceed 50%. Homes on Pennsylvania Avenue are an example. The new legislation limits ADUs to 70% of the size of the primary dwelling, up to a maximum of 800 square feet.Additionally, ADUs had to be attached to the house or in a barn or garage; they will now be allowed to be standalone with certain setbacks. We don't really allow duplexes unless in a cluster subdivision; the town board will be look at allowing duplexes in the high density residential zone. For any new ADU, an owner has to occupy one of the units, except in the high-density residential zone. This came about because of complaints we were getting about over-occupancy, the condition of rentals, and developers taking advantage of building these types of basement units. With the Comprehensive Plan, we're trying to encourage more dense development in certain areas and will be allowing a whole range of housing types, so we won't necessarily be constraining the housing market by having these requirements. May is the deadline for applying for an operating permit for an ADU; November for everybody else. Mr. Bates also noted that we've dropped the required square footage of an ADU from 600 to 300 square feet. Expired terms Ms. Collins plans to continue; Ms. I fill might have a conflict, but will know before the next meeting. Adjournment Upon a motion by Liebe Meier Swain, the meeting adjourned at 9 p.m. Respectfully submitted, 4 J74 ebra DeAugf 'ne, Deputy,Town Clerk