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HomeMy WebLinkAboutMN-PDB-2023-05-23Minutes Approved by the Planning Board on August 22, 2023 1 Planning and Development Board Minutes May 23, 2023 Board Members Attending: Robert Lewis, Chair; Emily Petrina; Elisabete Godden, Daniel Correa, Mitch Glass Board Members Absent: Garrick Blalock, BPW Liaison Board Vacancies: One Staff Attending: Nikki Cerra, Environmental and Landscape Planner, Division of Planning and Economic Development Samuel Quinn-Jacobs, Assistant Planner, Division of Planning and Economic Development This meeting was held in Common Council Chambers, Third Floor, City Hall, and also conducted remotely using videoconferencing technology, as authorized by Part WW of Chapter 56 of the Laws of 2022 of New York State and Local Law 2022-05. Chair Lewis called the meeting to order at 6:00 p.m. 1. Agenda Review – None 2. Approval of Minutes – None 3. Public Comment Chair Lewis opened Privilege of the Floor. N. Cerra read a comment submitted by Gaye Quinn into the record. There being no members of the public appearing in order to speak, nor any additional written comments submitted to be read into the record, Chair Lewis closed the Public Comment period. 4. Board Responses to Public Comment The Board had no response to public comments. 5. Subdivision Review A. 117 & 119 Sears St & 412-414 N Tioga St, Minor Subdivision by Ithaca Neighborhood Housing Services. Lead Agency, CEQR, Preliminary and Final Subdivision Approval. The applicants are requesting a subdivision of the 0.945-acre site, resulting in two parcels of Minutes Approved by the Planning Board on August 22, 2023 2 approximately 0.706 acres (30,753 SF) and .239 acres (10,411 SF). The proposed subdivision will maintain the Tioga Street addresses on the larger proposed parcel and Sears Street addresses on the smaller proposed parcel. The property is almost entirely paved, with a small buffer of shrubs and grass between the parking lot and sidewalk along Sears Street. The parcel is in the R-2b and C-SU zoning districts, and no variances will be required. This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is subject to environmental review. Applicants Attending: Leslie Ackerman The applicant presented a subdivision map of 117-119 Sears Street and 412-414 N Tioga Street. The map highlighted the new property lines and future intentions for the parcels. The applicant described to the Board their intention to build affordable for-sale units on the newly created lots. Petrina reminded the applicant to work with engineering over the concerns with stormwater. Public Hearing On a motion by Correa, seconded by Godden, and voted in favor unanimously Chair Lewis opened the public hearing. There being no members of the public appearing in order to speak, nor any additional written comments submitted to be read into the record, Chair Lewis closed the Public Hearing on a motion by Petrina, seconded by Godden, and voted in favor unanimously. Adopted Declaration of Lead Agency On a motion by Petrina, seconded by Godden: WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects, in accordance with local and state environmental law, and WHEREAS: State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a minor subdivision of City of Ithaca Tax Parcels ID: 49.-2-18, 49.-2-19, 49.-2-6, 49.-2-7 located at 117-119 Sears Street and 408 & 412-414 N Tioga Street by Ithaca Neighborhood Housing Services, and WHEREAS: the applicant is proposing a subdivision of the 0.945-acre site, resulting in two parcels of approximately 0.706 acres (30,753 SF) and .239 acres (10,411 SF). The proposed subdivision will maintain the Tioga Street addresses on the larger proposed parcel and Sears Minutes Approved by the Planning Board on August 22, 2023 3 Street addresses on the smaller proposed parcel. The property is almost entirely paved, with a small buffer of shrubs and grass between the parking lot and sidewalk along Sears Street. The parcel is in the R-2b and C-SU zoning districts, and no variances will be required, and WHEREAS: this is considered a Minor Subdivision in accordance with the City of Ithaca Code, Chapter 290, Article 1, §290-1, Minor Subdivision – Any subdivision of land resulting in the creation of one additional buildable lot, and WHEREAS: this has been determined to be an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act (“SEQRA”) and requires environmental review, now, therefore be it RESOLVED: that the City of Ithaca Planning and Development Board, being that local agency which has primary responsibility for approving and funding or carrying out the action, does, by way of this resolution, declare itself Lead Agency in Environmental Review for the proposed project. Moved by: Petrina Seconded by: Godden In favor: Petrina, Godden, Correa, Glass, Lewis Against: None Abstain: None Absent: Blalock Vacancies: One Adopted Negative Declaration of Environmental Significance On a motion by Godden, seconded by Petrina: WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a minor subdivision of City of Ithaca Tax Parcel ID: 49.-2-18, 49.-2-19, 49.-2-6, 49.-2-7 located at 117-119 Sears Street and 408 & 412-414 N Tioga Street by Ithaca Neighborhood Housing Services, and WHEREAS: the applicant is proposing a subdivision of the 0.945-acre site, resulting in two parcels of approximately 0.706 acres (30,753 SF) and .239 acres (10,411 SF). The proposed subdivision will maintain the Tioga Street addresses on the larger proposed parcel and Sears Street addresses on the smaller proposed parcel. The property is almost entirely paved, with a small buffer of shrubs and grass between the parking lot and sidewalk along Sears Street. The parcel is in the R-2b and C-SU zoning districts, and no variances will be required, and WHEREAS: this is considered a Minor Subdivision in accordance with the City of Ithaca Code, Chapter 290, Article 1, §290-1, Minor Subdivision – Any subdivision of land resulting in the creation of one additional buildable lot, and WHEREAS: This has been determined to be an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act Minutes Approved by the Planning Board on August 22, 2023 4 (“SEQRA”) and requires environmental review, and WHEREAS: City of Ithaca Planning and Development Board, being that local agency which has primary responsibility for approving and funding or carrying out the action, did, on May 23, 2023, declare itself Lead Agency in Environmental Review for the proposed project, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on May 23, 2023, review and accept as adequate: a Short Environmental Assessment Form (SEAF), Part 1; SEAF Part 2 & 3 prepared by Planning staff; Subdivision Plat No. 408 & 412-414 North Tioga Street & 117 & 119 Sears Street City of Ithaca, Tompkins County, New York dated 08/02/22 prepared by TG Miller P.C.; and other application materials, and WHEREAS: the Tompkins County Planning Department, and other interested parties have been given the opportunity to comment on the proposed project and any received comments have been considered, now, therefore, be it RESOLVED: that the City of Ithaca Planning and Development Board determines the proposed project will result in no significant impact on the environment and a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Moved by: Godden Seconded by: Petrina In favor: Godden, Petrina, Glass, Correa, Lewis Against: None Abstain: None Absent: Blalock Vacancies: One Adopted Declaration of Preliminary and Final Approval On a motion by Godden, seconded by Petrina: WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a minor subdivision of City of Ithaca Tax Parcels ID: 49.-2-18, 49.-2-19, 49.-2-6, 49.-2-7 located at 117- 119 Sears Street and 408 & 412-414 N Tioga Street by Ithaca Neighborhood Housing Services, and WHEREAS: the applicant is proposing a subdivision of the 0.945-acre site, resulting in two parcels of approximately 0.706 acres (30,753 SF) and .239 acres (10,411 SF). The proposed subdivision will maintain the Tioga Street addresses on the larger proposed parcel and Sears Street addresses on the smaller proposed parcel. The property is almost entirely paved, with a small buffer of bushes and grass between the parking lot and sidewalk along Sears Street. The parcel is in the R-2b and C-SU zoning districts, and no variances will be required, and WHEREAS: this is considered a Minor Subdivision in accordance with the City of Ithaca Code, Chapter 290, Article 1, §290-1, Minor Subdivision – Any subdivision of land resulting in the creation of one additional buildable lot, and Minutes Approved by the Planning Board on August 22, 2023 5 WHEREAS: This has been determined to be an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act (“SEQRA”) and requires environmental review, and WHEREAS: the Planning Board, acting as Lead Agency, did on May 23, 2023 issue a Negative Declaration of Environmental Significance for the entire project and all its components, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on May 23, 2023, review and accept as adequate: a Short Environmental Assessment Form (SEAF), Part 1; SEAF Part 2 & Part 3 prepared by Planning staff; Subdivision Plat No. 408 & 412-414 North Tioga Street & 117 & 119 Sears Street City of Ithaca, Tompkins County, New York dated 08/02/22 prepared by TG Miller P.C.; and other application materials, and WHEREAS: the Tompkins County Planning Department, and other interested parties have been given the opportunity to comment on the proposed project and any received comments have been considered, and WHEREAS: legal notice was published and property posted, and adjacent property owners notified in accordance with Chapters 290-9 C. (1), (2), & (3) of the City of Ithaca Code, and WHEREAS: the Planning and Development Board held the required Public Hearing on May 23, 2023, now, therefore, be it RESOLVED: that the Planning Board does hereby grant Preliminary and Final Subdivision Approval to the proposed Minor Subdivision of City of Ithaca Tax Parcels ID: 49.-2-18, 49.-2-19, 49.-2-6, 49.-2-7 located at 117-119 Sears Street and 408 & 412-414 N Tioga Street subject to the submission of three final original subdivision plats with the raised signature of as licensed surveyor. Moved by: Petrina Seconded by: Godden In favor: Petrina, Godden, Glass, Correa, Lewis Against: None Abstain: None Absent: Blalock Vacancies: One 6. Site Plan Review A. Cliff Street Retreat, 407 Cliff St. by Linc Morse. Amended CEQR. The Planning Board granted preliminary and final approval of this project on October 26, 2021. The applicant now seeks approval for a redesign on the north end of the parcel where instead of two conceptual cottages previously proposed, the applicants now propose a 3-story multi-family building, approximately 4966 SF. The building has a total of 6 units including two hotel units and four apartments. The proposed building complies with all of the zoning requirements created in the PUD process. This is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(h)[3] for which the Minutes Approved by the Planning Board on August 22, 2023 6 Lead Agency made a Negative Determination of Environmental Significance on September 28, 2021. Applicants Attending: Craig Modisher, Noah Demarest, Linc Morse The applicant presented updates on the design of the proposed building. During the presentation the applicant discussed with the Board how the apartments on the street side will be laid out, stating that the living/sleeping areas will be located higher than what the windows will look in on. A rendering of the streetside of the building was shown for the Board’s review. The Board asked questions regarding the street-side facade and discussed with the applicant how the design of the façade will impact future inhabitants of the proposal. Adopted Declaration of Final Approval for Site Plan Approval Modification On a motion by Godden, seconded by Correa: WHEREAS: The Planning Board granted preliminary and final approval of this project on October 26, 2021, and WHEREAS: the applicant now seeks approval for a redesign on the north end of the parcel where instead of two conceptual cottages previously proposed, the applicants now propose a 3- story multi-family building, approximately 4966 SF, and WHEREAS: The building has a total of 6 units including two hotel units and four apartments. The proposed building complies with all of the zoning requirements created in the PUD process, and WHEREAS: this Board has on May 23, 2023, reviewed and accepted as adequate revised drawings titled: Cover A000, First Floor Plan & Schedules A101, Second Floor Plan & Schedules A102, Third Floor Plan & Schedules A013, Elevations A201-A204 (4), Grade Plane, Grade Plane Calculations (2), Layout Plan L101, and Planting Plan L103 all dated 12/22/23 and prepared by Stream Collaborative; Street Elevation A01, Looking North Proposed A03, Looking South Proposed A05 all dated 3/14/23 and prepared by Stream Collaborative; Loft Illustrations (2), and Material Examples (2) submitted April 19, 2023 prepared by Stream Collaborative; and other application materials, and WHEREAS: the Planning Board has determined that the project changes are consistent with the September 28, 2021 Negative Declaration of Environmental Significance and that no additional environmental review is required, now therefore be it RESOLVED: that the Planning Board does approve the proposed 3-story multi-family building, and be it further RESOLVED: that this approval incorporates all related unresolved conditions of the October 26, 2021 Preliminary and Final Approval Resolution, including: Before Issuance of a Building Permit: Minutes Approved by the Planning Board on August 22, 2023 7 i. Submission of colored and keyed building elevations of all facades with building materials samples sheet ii. Submission of final Landscape Plan with planting schedule & specifications and soil volumes iii. Submission to the Planning Board of detailed plans, including hardscape and landscape, for the garden/terrace spaces of the residential units facing the hillside iv. Submission of a draft maintenance easement with the City of Ithaca for stormwater pipe underneath the southern parking lot v. Confirmation from the City Transportation Engineer that all concerns have been addressed vi. Submission of review of sight lines from the revised curb cuts to ensure safe exiting vii. Documentation from Ithaca Fire Department emergency access issues have been satisfied viii. This site plan approval does not preclude any other permit that is required by City Code, such as sign permits, tree permits, street permits, etc. Within Six months of Final Site Plan Approval: ix. Submission to the Planning Board for review and approval of all site details including but not limited to exterior furnishings, bike racks, walls, railings, bollards, paving, signage, interpretive signage, lighting, etc. Before Certificate of Occupancy for any phase of the Project: x. Submission of and executed maintenance easement with the City of Ithaca for stormwater pipe underneath the southern parking lot xi. Submission of any other executed easement or other legal agreements, including maintenance of public walkway xii. Bike racks must be installed before a certificate of occupancy is granted Moved by: Godden Seconded by: Correa In favor: Petrina, Godden, Glass, Correa, Lewis Against: None Abstain: None Absent: None Vacancies: One B. Expansion of Religious Facility, 102 Willard Way/107 Lake Street by Jason Demarest. Presentation of Redesign. The Planning Board granted preliminary and final approval of this project on March 22, 2022. The applicant is now proposing changes to the approved plans including removing a parking garage, adding on-site parking spaces, removing an Minutes Approved by the Planning Board on August 22, 2023 8 approved driveway and adding a circular drive, and small additions to the approved building which will occur in phases. Exterior site improvements and structures still include a patio, an elevated courtyard, an access drive on Lake Street, landscaping, and walkways. The project is in the R-2a Zoning District and was granted variances for lot coverage, front-, rear- and side-yards, and parking on March 1, 2022. This was determined to be a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(n) and the State Environmental Quality Review Act (“SEQRA”) §617.4 b.(11) for which the Planning Board, acting as Lead Agency, issued a Negative Declaration of Environmental Significance on February 22, 2022. Applicants Attending: Jason Demarest The applicant presented a revised site plan to the Board, highlighting changes made to the parking plan. The proposed parking plan removed the parking spaces from the circular driveway and placed them on an expanded patio with permeable pavers. Renderings were presented demonstrating the visual impact of the proposed stair tower and how the building and landscaping have been designed to screen tower from sight of the street. The applicant stated that more work will be done relating to the stair tower. Petrina stated that she is favorable to the newly proposed parking plan and that the stair tower may look better with a flat roof rather than pitched. Chair Lewis suggested a cladding approach to designing the stair tower and stated his favorability to the other changes made. The Board agreed that a pitched roof on the stair tower is not aesthetically pleasing. Cerra reminded the applicant of the comments made by the City’s engineering department regarding the safety of the circular driveway. Public Hearing On a motion by Godden, seconded by Petrina, and voted in favor unanimously Chair Lewis opened the public hearing. The following parties spoke or submitted comments in support of the proposal: - Howard Erlich, Raquel Zohar, Justin (did not disclose last name), Chana Silberstein, Will Stern, Justin Feldman, Mina Nabavian, Alden Tabac, Amanda Silberstein, Adam Abergel, and Aaron Baruch Cerra read a comment submitted by Kathleen Lilley in opposition to the proposal. There being no further members of the public appearing in order to speak, nor any additional written comments submitted to be read into the record, Chair Lewis closed the Public Hearing on a motion by Godden, seconded by Petrina, and voted in favor unanimously. Minutes Approved by the Planning Board on August 22, 2023 9 Correa addressed the public comment, stating that the Board is very much in favor of the institution and the expansion. Correa went on to explain the Planning Board’s responsibility to ensure that projects are planned well with regard to the future as the lot may not always be owned by the current institution. C. Valentine Place, 109-111 Valentine Place by Valentine Place Associates, LLC. Preliminary and Final Site Plan Approval. The applicant proposes to demolish two existing two-story wood frame houses and construct a four-story 30-unit residential building, approximately 29,320 SF in area, as student housing. The project site is located in the R-3a Zoning District in which the maximum height for a building is 4 stories/40 feet. The project will require two area variances for minimum off-street parking and minimum lot size for quantity of units. This is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B(1)(k) and the State Environmental Quality Review Act (“SEQRA”) §617.4 b.(11) for which the Lead Agency made a Negative Determination of Environmental Significance on April 26, 2022. Applicants Attending: Nick Robertson, Ira Ma, Zach Rood The applicant presented a side-by-side detailing the project changes made to the project, including changes to fencing, landscaping, lighting and the addition of a parking lot. A rendering was shown to include the addition of parking for the Board’s review. Petrina stated that she is favorable to changes made to the site plan considering the applicant is required to build parking. Petrina also confirmed with the applicant that there is not interior bike parking. Glass stated his favorability of the design and materiality of the building and discussed with the applicant how long the leasing office would be in use for. The Board and the applicant discussed the options concerning adding bicycle parking to the proposal and/or utilizing bike parking in the Collegetown Terrace parking garages. Cerra asked the applicant to provide information on the removal of existing trees and what number of trees the applicant is proposing to plant. Cerra also asked the applicant to explain the bioretention container and the flow of water through it. Adopted Declaration of Preliminary and Final Site Plan Approval On a motion by Godden, seconded by Correa: WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan approval for construction of a student housing building by Kathryn Wolf, TWMLA, and WHEREAS: the applicant proposes to demolish two existing 2-story wood-frame houses and construct a 4-story 25-unit residential building, approximately 29,320 SF in area, as student Minutes Approved by the Planning Board on August 22, 2023 10 housing. The project site is located in the R-3a Zoning District in which the maximum height for a building is 4 stories/40’. The project will require two area variances for minimum off-street parking and minimum lot size for quantity of units. The project includes a subdivision and parcel consolidation, and WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B(1)(k) and the State Environmental Quality Review Act (“SEQRA”) §617.4 b.(11) and is subject to environmental review, and WHEREAS: the NYS Department of Environmental Conservation, the Tompkins County Department of Health, Common Council, and the Board of Zoning Appeals have been identified as potentially Involved Agencies in Environmental Review, and WHEREAS: the City of Ithaca Planning and Development Board, being the local agency which has primary responsibility for approving and funding or carrying out the action, did on February 22, 2022, declare itself Lead Agency in Environmental Review for the project, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on April 26, 2022, review and accept as adequate: a Full Environmental Assessment Form (FEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; drawings contained in the Preliminary Site Plan Review Packet dated January 18, 2022 and prepared by the Project Team including Valentine Place Associates, LLC, TG Miller P.C., Trowbridge Wolf Michaels Landscape Architecture, Ian Tyndall Landscape & Urban Design, Elwyn & Palmer Consulting Engineers, PLLC, Taitem Engineering, and Caroline O-Donnell Architecture D.P.C.; Site Location Map and Sketch Plan Review dated 12/21/21 by Caroline O-Donnell Architecture D.P.C., Ian Tyndall Landscape & Urban Design, and Trowbridge Wolf Michaels Landscape Architecture; Streetscape, Daytime Simulation, Nighttime Simulation, Rendered Elevations, and Proposed Views dated 12/21/21 by Caroline O-Donnell Architecture D.P.C; and other application materials, and WHEREAS: interested parties have been given the opportunity to comment on the proposed project, and any received comments have been considered, and WHEREAS: the Planning Board did, on April 26, 2022, determine, as elaborated in the FEAF Part 3, that the proposed project will result in no significant adverse impacts on the environment and issued a Negative Declaration of Environmental Significance, and WHEREAS: the Board of Zoning Appeals granted the required area variances on May 2, 2023, and WHEREAS: the Planning Board has determined that the project changes are consistent with the April 26, 2022 Negative Declaration of Environmental Significance and that no additional environmental review is required, and WHEREAS: this Board did on May 23, 2023 review and accept as adequate the following new and revised drawings: 111 Valentine Place Final Revised Site Plan Review Application Report Minutes Approved by the Planning Board on August 22, 2023 11 dated May 17, 2023 and prepared by the Project Team including Valentine Place Associates, LLC, TG Miller P.C., Trowbridge Wolf Michaels Landscape Architecture, LLP, Ian Tyndall Landscape Architecture, Shawn Daniels Architect, and Caroline O-Donnell Architecture D.P.C, now, therefore, be it RESOLVED: that the Planning and Development Board does hereby grant Preliminary & Final Site Plan Approval subject to the following: The following conditions must be satisfied before issuance a Building Permit: i. Submission to Planning staff of plans, drawings and/or visualizations showing all proposed exterior mechanicals and associated equipment including heat pumps, ventilation, etc., including appropriate screening if necessary ii. Submission to Planning staff of detailed planting plan and planting schedule iii. This site plan approval does not preclude any other permit that is required by City Code, such as sign permits, tree permits, street permits iv. Acceptance of the SWPPP by the City Stormwater Management Officer v. Submission to Planning staff and any issues bring to Planning Board for review and approval of all site details including but not limited to landscaping details, exterior furnishings, walls, railings, bollards, paving, signage, lighting, etc. The following conditions must be satisfied within six months of site plan approval or the start of construction, whichever comes first i. Submission to the Planning Board for review and approval of placement, design, and photometrics of site lighting fixtures ii. Submission to the Planning Board for review and approval of all site details including but not limited to landscaping details, exterior furnishings, walls, railings, bollards, paving, signage, lighting, etc. The following construction must be satisfied during the construction period i. If impacted groundwater and/or soil are encountered during construction, it is required to be handled in accordance with the applicable NYSDEC regulations and requirements and with the involvement of both the City of Ithaca and the NYSDEC in the approval and monitoring of the treatment system(s) ii. Noise producing construction activities will be limited to the hours between 7:30 A.M. and 5:30 P.M., Monday through Friday (or Saturday 9:00 A.M. to 5:30 P.M. with advance notification to and approval by the Director of Planning and Development) Minutes Approved by the Planning Board on August 22, 2023 12 iii. Any traffic control measures on Valentine Place will be coordinated with the City Fire Department and Department of Public Works The following conditions must be satisfied before issuance of a Certificate of Occupancy: i. Any changes to the approved site plans must be submitted to Planning staff for review and may require Board approval ii. Installation of bike racks and/or bike storage iii. Installation of any required or proposed sidewalk to the satisfaction of the City Sidewalk Coordinator iv. Repair, replacement, or reconstruction of any City property damaged or removed during construction including, but not limited to paving, sidewalk, curbing, trees or tree lawn, signage, drainage structures, etc. v. Submission of any required executed easement, licenses or other legal agreements involving City property Moved by: Godden Seconded by: Correa In favor: Godden, Correa, Petrina, Glass, Lewis Against: None Abstain: None Absent: Blalock Vacancies: One D. Breeze Apartments, 121-125 Lake Street by Visum Development. Final Site Plan Phase II Approval. The applicant proposes to build an 83,160 GSF, four story apartment building and associated site improvements on the former Gun Hill Factory site for which it received Final Site Plan Approval for Phase I on February 28, 2023. The 77-unit with approximately 109 beds, market-rate apartment building will be a mix of studios, one- and two-bedroom units and includes 77 parking spaces (47 surface spaces and +/-30 covered spaces under the building). Site improvements include stone dust walkways, bike racks, benches, a bioretention filter to treat the parking areas and rooftop stormwater, native and adaptive plant species, and meadow areas to restore edges of the site. The building will be constructed on the east parcel of the Former Ithaca Gun Factory Site which is currently in the New York State Brownfield Cleanup Program (BCP). Before site development can occur, the applicant is required to remediate the site based on a soil cleanup objective for restricted residential use. A remedial investigation (RI) was recently completed at the site and was submitted to NYSDEC in April 2021. The project is in the R-3a Zoning District and requires multiple variances. This is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) Minutes Approved by the Planning Board on August 22, 2023 13 §176-4 B(1) (h)[2], (k) and (n) and the State Environmental Quality Review Act (“SEQRA”) §617-4 (b) (11) for which the Planning Board, acting as Lead Agency, issued a Negative Declaration of Environmental Significance on December 20, 2022. Applicants Attending: Julia Bucher, Nate Cook, Erik Reynolds, Catherine Cullen The applicant presented a site plan detailing the proposed overlook including information regarding fencing, benches, an informational plaque and pedestrian circulation. Petrina and Godden agreed that the changes made makes the project better and believes the fencing as proposed makes it safe. Glass stated that he believes the proposal is not safe and that the visual impact of the chain-link fencing will impact the visual aesthetic of the entire development. Glass suggested that the developer put the money towards enhancing the smokestack rather than creating an overlook. Correa agreed with Glass’ comments but was favorable to the project changes including wayfinding. Chair Lewis stated that he approves of making the overlook official and believes that having openings in the fence is safer than closing in the entire overlook. Public Hearing On a motion by Correa, seconded by Petrina, and voted in favor unanimously Chair Lewis opened the public hearing. There being no members of the public appearing in order to speak, nor any additional written comments submitted to be read into the record, Chair Lewis closed the Public Hearing on a motion by Godden, seconded by Petrina, and voted in favor unanimously. Petrina stated that the public benefit of an ADA overlook outweighs the visual impact of the chain-link fence. Petrina went on to state that she would be favorable to see changes made to the materiality of the fence. The Board agreed that a different barrier material would be preferable to the current proposal. The Board, staff and the applicant discussed the public process and how changes to the fence will be approached after approval of the resolution. Adopted Declaration of Final Decision of Recreational River Permit On a motion by Petrina, seconded by Godden: WHEREAS: portions of Fall Creek within the City of Ithaca are designated by New York State as a Recreational River, pursuant to Title 27 of the Environmental Conservation Law (ECL), and Minutes Approved by the Planning Board on August 22, 2023 14 WHEREAS: Section 15-2714.3. hh of the ECL stipulates that “responsibility for the administration of the area designated herein shall be delegated to the City of Ithaca pursuant to the appropriate regulations,” and WHEREAS: on July 11, 1990, the Common Council of the City of Ithaca delegated to the City’s Planning and Development Board the authority to administer the designated area, and to issue permits for work therein, and WHEREAS: the ECL also stipulates that the designation of Fall Creek “shall not, solely by operation of this article, be construed so as to restrict utility or similar facilities…or support- related activities of…Cornell University conducted in furtherance of its educational purposes…,” and WHEREAS: an application for a Fall Creek Recreational River Permit has been submitted to the Planning and Development Board by Todd Fox, 121-125 Lake Street LLC, which permit is required due to a proposed incursion into a portion of the designated Recreational River area, as part of the Overlook project, and WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 B(1) (h)[2], (k) and (n) and the State Environmental Quality Review Act (“SEQRA”) §617-4 (b) (11) and is subject to environmental review, and WHEREAS: the City of Ithaca Planning and Development Board, acting as Lead Agency in environmental review, did on April 26, 2022 make a Negative Determination of Environmental Significance for the project, and WHEREAS: the Planning Board has reviewed the application for completeness and did on April 25, 2023, with assistance of City staff, find the application to be complete in accordance with the requirements of 621.4(d), and WHEREAS: a Notice of Complete Application was published in the New York State Department of Environmental Conservation’s Environmental Notice Bulletin on May 10, 2023, and WHEREAS: a public comment period, commencing on May 10 and ending on May 23, 2023, was provided for public input, and WHEREAS: a Public Hearing was held on May 23, 2023, and WHEREAS: the Planning and Development Board has determined that: 1. The proposed activity is consistent with the purpose and policies of the Wild, Scenic, and Recreational River Act, particularly as it applies to Fall Creek, as well as the regulations applicable thereto; 2. The Fall Creek Recreational River resource will be protected and the proposed work within the Recreational River corridor will not have an undue adverse environmental impact; and Minutes Approved by the Planning Board on August 22, 2023 15 3. No reasonable alternative exists for modifying or locating the proposed work outside the designated area. now, therefore, be it RESOLVED: that the City of Ithaca Planning and Development Board, pursuant to the authority granted to it by the Common Council of the City of Ithaca acting in accordance with Section 15- 2714.3. hh of the Environmental Conservation Law, does hereby grant a Fall Creek Recreational River Permit for the Overlook Project located on 121-125 Lake Street at Fall Creek, as said project affects the Fall Creek Recreational River corridor and as it was approved through the Board’s Site Plan Review process. Moved by: Petrina Seconded by: Godden In favor: Petrina, Godden, Lewis, Correa Against: None Abstain: None Absent: Blalock Vacancies: One Adopted Declaration of Preliminary and Final Site Plan Approval Phase II On a motion by Godden, seconded by Petrina: On a motion by Godden, seconded by Petrina the Board voted unanimously to amend condition three of the resolution. WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan approval for construction of a four-story apartment building with 77 units/109 beds by Todd Fox, 121-125 Lake Street LLC, and WHEREAS: the applicant proposes to build an 83,160 GSF, four story apartment building and associated site improvements on the former Gun Hill Factory site. The 77-unit with approximately 109 beds, market-rate apartment building will be a mix of studios, one- and two-bedroom units and includes 77 parking spaces (47 surface spaces and +/- 30 covered spaces under the building). Site improvements include stone dust walkways, bike racks, benches, a bioretention filter to treat the parking areas and rooftop stormwater, native and adaptive plant species, and meadow areas to restore edges of the site. The building will be constructed on the east parcel of the Former Ithaca Gun Factory Site which is currently in the New York State Brownfield Cleanup Program (BCP). Before site development can occur, the applicant is required to remediate the site based on a soil cleanup objective for restricted residential use. A remedial investigation (RI) was recently completed at the site and was submitted to NYSDEC in April 2021. The project is in the R-3a Zoning District and requires multiple variances, and WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 B(1) (h)[2], (k) and (n) and the State Environmental Quality Review Act (“SEQRA”) §617-4 (b) (11) and is subject to environmental review, and Minutes Approved by the Planning Board on August 22, 2023 16 WHEREAS: the NYS Department of Environmental Conservation, the Tompkins County Department of Health, Common Council, the Tompkins County Industrial Development Agency, and the Board of Zoning Appeals have been identified as potentially Involved Agencies in Environmental Review, and WHEREAS: the City of Ithaca Planning and Development Board, being the local agency which has primary responsibility for approving and funding or carrying out the action, did on April 26, 2022 declare itself Lead Agency in Environmental Review for the project, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on December 20, 2022, review and accept as adequate: a Full Environmental Assessment Form (FEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; Site Survey L-100, Site Plan L-101, Layout Plan L-102, Landscape Plan L-401, Details L-500, Overlook- Linework L-1, L-2, & L-3, Site Rendering L-600, Exterior Elevations A200, Conceptual Rendering A 201 (2), Materials Board, Aerial Photos and Views (5), Site Lighting/Photometric Plan, and Massing From Lake Street A 202 all prepared by SWBR and dated 12/14/22; Overlook- Aerial Image L-1 prepared by SWBR and dated 12/14/22; Utility Plan C-101, Grading and Drainage Plan C-102 prepared by SWBR and T.G. Miller, P.C. and dated 12/14/22; Wayfinding and Safety Plan dated 11/22/22 prepared by SWBR; Excavation Plan Eastern Parcel C-102A dated August 2022 and prepared by C & S Engineers, Inc.; and other application materials, and WHEREAS: interested parties have been given the opportunity to comment on the proposed project, and any received comments have been considered, and WHEREAS: legal notice was published and property posted in accordance with Chapters 276-6 B. (4) and 176-12 A. (2) (c) of the City of Ithaca Code, and WHEREAS: the Planning and Development Board held the required public hearing beginning on May 24, 2022, and WHEREAS: the Planning Board did, on December 20, 2022 determine, as elaborated in the FEAF Part 3, that the proposed project will result in no significant adverse impacts on the environment and issued a Negative Declaration of Environmental Significance, and WHEREAS: the Board of Zoning Appeals granted the required area variances on February 7, 2023, and WHEREAS: the Planning and Development Board granted Final Site Plan Approval Phase I which included the building and the adjacent site layout on their property on February 28, 2023, and WHEREAS: this Board did on May 23, 2023 review and accept as adequate the following new and revised drawings: Breeze Apartments- Proposed Bridge and Overlook Plans Packet dated May 17, 2023 and prepared by Visum Development Group LLC, now, therefore, be it Minutes Approved by the Planning Board on August 22, 2023 17 RESOLVED: that the Planning and Development Board does hereby grant Final Site Plan Approval Phase II which includes the overlook and the “island” on city property subject to the following conditions: The following conditions must be satisfied before issuance a Building Permit: i. Acceptance of all final Overlook Plans, or similar mutually agreed upon public facility, by the City Engineering Department, City Department of Public Works, the City Planning Department, and the Planning Board including foundation plan for fence installation, benches and signage ii. Work with City Staff to create a planting plan and circulation on the western portion of the city property, the “island,” that will allow for exploration while preventing compaction iii. Documentation from Ithaca Fire Department all safety concerns and emergency access issues have been satisfied iv. This site plan approval does not preclude any other permit that is required by City Code, such as sign permits, tree permits, street permits v. Acceptance of the SWPPP by the City Stormwater Management Officer vi. Final approval of streetscape, curb ramps, curb cut, sidewalks, signage along Lake Street and other comments by the City Engineering and Fire Departments The following conditions must be satisfied within six months of approval or the start of construction, whichever comes first: vii. Submission to the Planning Board for review and approval of all site details including but not limited to exterior furnishings, walls, railings, bollards, paving, signage, interpretive signage, lighting showing dark sky compliance), etc. viii. Plans, drawings and/or visualizations showing all proposed exterior mechanicals and associated equipment including heat pumps, ventilation, etc., including appropriate screening if necessary ix. Any changes to the approved project must be submitted to Planning Staff for review and may require Board approval x. Documentation from Ithaca Fire Department emergency access issues have been satisfied xi. This site plan approval does not preclude any other permit that is required by City Code, such as sign permits, tree permits, street permits The following conditions must be satisfied during the construction period: Minutes Approved by the Planning Board on August 22, 2023 18 xii. Noise producing construction activities will be limited to the hours between 7:30 A.M. and 5:30 P.M., Monday through Friday (or Saturday 9:00 A.M. to 5:30 P.M. with advance notification to and approval by the Director of Planning and Development) xiii. If impacted groundwater and/or soil are encountered during construction, it is required to be handled in accordance with the applicable NYSDEC regulations and requirements and with the involvement of both the City of Ithaca and the NYSDEC in the approval and monitoring of the treatment system(s) The following conditions must be satisfied before issuance of a Certificate of Occupancy: xiv. Submission of executed easement or other legal agreements, including maintenance of public walkway xv. Installation of bike racks and/or bike storage xvi. Work with the City Forester and/or other appropriate City staff on selecting and purchasing trees for City property to screen the building on the west side xvii. Installation of any required or proposed sidewalk to the satisfaction of the City Sidewalk Coordinator xviii. Repair, replacement or reconstruction of any City property damaged or removed during construction including, but not limited to paving, sidewalk, curbing, trees or tree lawn, signage, drainage structures, etc. Moved by: Godden Seconded by: Petrina In favor: Petrina, Godden, Glass, Correa, Lewis Against: None Abstain: None Absent: Blalock Vacancies: One E. NYSEG Regulator Station, 220 Grandview Avenue by Arne Larsen, DDS Companies. Potential Preliminary Approval. The applicant proposes to create an approximately 164 SF gas regulator house with appurtenant facilities. NYSEG has secured a 1200 SF utility easement from the property owner, South Hill Church of Nazarene. Proposed site work includes the regrading of the site and landscaping around the proposed structure. The project is located in the R-2 zoning district and will not require any variances. This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176- 4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 for which the Planning Board, acting as Lead Agency, issued a Negative Declaration of Environmental Significance on January 24, 2023. Applicants Attending: Arne Larsen Minutes Approved by the Planning Board on August 22, 2023 19 The applicant presented a site plan for the project and discussed the material and color for the exterior material of the building. Public Hearing On a motion by Godden, seconded by Petrina, and voted in favor unanimously Chair Lewis opened the public hearing. There being no members of the public appearing in order to speak, nor any additional written comments submitted to be read into the record, Chair Lewis closed the Public Hearing on a motion by Godden, seconded by Petrina, and voted in favor unanimously. The Board agreed the proposed color and material is adequate for the use and aesthetics. Adopted Negative Declaration of Environmental Significance for Special Permit On a motion by Godden, seconded by Petrina: WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a Special Permit for a Public Utility Use in a R-2 Zoning District by Arne Larsen, DDS Companies on behalf of NYSEG, and WHEREAS: in accordance with City Code, §329-9 (B) 1(c), Standards for Special Conditions and Special Permits- Applicability, a special use permit is required for “Public utility facilities in all districts,” and WHEREAS: the applicant proposes to create an approximately 164 SF gas regulator house with appurtenant facilities. NYSEG has secured a 1200 SF utility easement from the property owner, South Hill Church of Nazarene. Proposed site work includes the regrading of the site and landscaping around the proposed structure. The project is located in the R-2 zoning district and will require two variances, and WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is subject to environmental review, and WHEREAS: the City of Ithaca Planning and Development Board, being the local agency, which has primary responsibility for approving and funding or carrying out the action, did on December 20, 2022 declare itself Lead Agency in Environmental Review for the project, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on May 23, 2023, review and accept as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Part 2 & 3, prepared by Planning staff, and other application materials prepared by the applicant, and Minutes Approved by the Planning Board on August 22, 2023 20 WHEREAS: interested parties have been given the opportunity to comment on the proposed project, and any received comments have been considered, now, therefore, be it RESOLVED: that the City of Ithaca Planning and Development Board determines the proposed project will result in no significant impact on the environment and a Negative Declaration for the purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Moved by: Godden Seconded by: Petrina In favor: Petrina, Godden, Glass, Correa, Lewis Against: None Abstain: None Absent: Blalock Vacancies: One Adopted Declaration of Preliminary and Final Special Permit Approval On a motion by Godden, seconded by Petrina: WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a Special Permit for a Public Utility Use in a R-2 Zoning District by Arne Larsen, DDS Companies on behalf of NYSEG, and WHEREAS: in accordance with City Code, §329-9 (B) 1(c), Standards for Special Conditions and Special Permits- Applicability, a special use permit is required for “Public utility facilities in all districts,” and WHEREAS: the applicant proposes to create an approximately 164 SF gas regulator house with appurtenant facilities. NYSEG has secured a 1200 SF utility easement from the property owner, South Hill Church of Nazarene. Proposed site work includes the regrading of the site and landscaping around the proposed structure. The project is located in the R-2 zoning district and will require two variances, and WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is subject to environmental review, and WHEREAS: the City of Ithaca Planning and Development Board, being the local agency, which has primary responsibility for approving and funding or carrying out the action, did on December 20, 2022 declare itself Lead Agency in Environmental Review for the project, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on May 23, 2023, review and accept as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Part 2 & 3, prepared by Planning staff, and other application materials prepared by the applicant, now, therefore be it, Minutes Approved by the Planning Board on August 22, 2023 21 WHEREAS: that the Planning Board did, on May 23, 2023, determine that the proposed project will result in no significant impact on the environment and issued a Negative Declaration of Environmental significance, and WHEREAS: the Board after reviewing all relevant material, does make the following findings of fact in accordance with §325-9 of the City Code: 1. The location and size of the use, the size of the site in relation to it, and the location of the site with respect to the existing or future streets giving access to it are such that the use will be in harmony with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land and buildings or impair the enjoyment or value thereof; 2. Operations in connection with the use will not be more objectionable to nearby property by reason of noise, fumes, increased vehicular traffic or parking demand, vibration, or flashing lights that would be the operations of any use permitted without a special permit; 3. The granting of a special permit may be conditioned on the effect the use would have on traffic, congestion, environment, property values, municipal services, character of the surrounding neighborhood, or the general plan for the development of the community, now, therefore be it, RESOLVED: the City of Ithaca Planning and Development Board grants the special permit for a public utility in all districts, and be it further RESOLVED: that in accordance with §325-9 of the City Code, the Director of Planning and Development or their designee shall revoke any special permit issued hereunder should the applicant or the applicant’s tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit by the Planning and Development Board. Moved by: Godden Seconded by: Petrina In favor: Petrina, Godden, Glass, Correa, Lewis Against: None Abstain: None Absent: Blalock Vacancies: One Adopted Declaration of Preliminary and Final Site Plan Approval On a motion by Petrina, seconded by Godden: WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan approval for constructing a gas regulator house with appurtenant facilities by Arne Larsen, DDS Companies on behalf of NYSEG, and Minutes Approved by the Planning Board on August 22, 2023 22 WHEREAS: the applicant proposes to create an approximately 164 SF gas regulator house with appurtenant facilities. NYSEG has secured a 1200 SF utility easement from the property owner, South Hill Church of Nazarene. Proposed site work includes the regrading of the site and landscaping around the proposed structure. The project is located in the R-2 zoning district and will not require any variances, and WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B(1)(k) and the State Environmental Quality Review Act (“SEQRA”) §617.4 b.(11) and is subject to environmental review, and WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is subject to environmental review, and WHEREAS: the City of Ithaca Planning and Development Board, being the local agency, which has primary responsibility for approving and funding or carrying out the action, did on December 20, 2022 declare itself Lead Agency in Environmental Review for the project, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on January 31, 2023, review and accept as adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; Hudson Street Reg. Station Site Plan, Hudson Street Reg. Station Details and Hudson Street Reg. Station Building Elevations all prepared by The DDS Companies and NYSEG, dated 01/24/23, and WHEREAS: interested parties have been given the opportunity to comment on the proposed project, and any received comments have been considered, and WHEREAS: the Planning Board did, on January 31, 2023, determine, as elaborated in the FEAF Part 3, that the proposed project will result in no significant adverse impacts on the environment and issued a Negative Declaration of Environmental Significance, and WHEREAS: the Board of Zoning Appeals granted the required area variances on May 2, 2023, and WHEREAS: this Board did on May 23, 2023 review and accept as adequate the following new and revised drawings: Site Plan, Details, and Building Elevations dated 2/10/23 prepared by DDS Companies now, therefore, be it RESOLVED: that the Planning and Development Board does hereby grant Preliminary & Final Site Plan Approval subject to the following: The following conditions must be satisfied before issuance a Building Permit: vi. Submission to Planning staff of detailed planting plan and planting schedule Minutes Approved by the Planning Board on August 22, 2023 23 vii. This site plan approval does not preclude any other permit that is required by City Code, such as sign permits, tree permits, street permits The following construction must be satisfied during the construction period iv. Noise producing construction activities will be limited to the hours between 7:30 A.M. and 5:30 P.M., Monday through Friday (or Saturday 9:00 A.M. to 5:30 P.M. with advance notification to and approval by the Director of Planning and Development) v. Any traffic control measures on Grandview Avenue or Hudson Street will be coordinated with the City Fire Department and Department of Public Works The following conditions must be satisfied before issuance of a Certificate of Occupancy: vi. Installation of any required or proposed sidewalk to the satisfaction of the City Sidewalk Coordinator vii. Repair, replacement, or reconstruction of any City property damaged or removed during construction including, but not limited to paving, sidewalk, curbing, trees or tree lawn, signage, drainage structures, etc. viii. Submission of any required executed easement, licenses or other legal agreements involving City property Moved by: Petrina Seconded by: Godden In favor: Petrina, Godden, Glass, Correa, Lewis Against: None Abstain: None Absent: Blalock Vacancies: One 7. Sketch Plan Review A. Air Ithaca, 261 Lake Street by Whitham Planning and Design. Presentation. The applicant proposes to build sixteen three-story townhouses on Lake Street which is located in the R-3a Zoning District. Applicants Attending: Yamila Fournier, Yifei Yan, Cian Hamill The applicants presented an overview of the proposal, providing concept drawings and site plans for sixteen townhouses. The applicant stated that there was some contamination found on the site from the previous Ithaca Gun factory, but the proposal will not be disturbing the contaminated areas at any point in the building process. The applicants described how the proposal would enhance the Lincoln Street extension by adding public parking, but stated there are alternative designs which contain all the parking on site. Minutes Approved by the Planning Board on August 22, 2023 24 Petrina stated that she prefers option 1 that enhances Lincoln Street. Petrina also suggested that the applicant conduct robust public outreach concerning the contamination on the site. The Board agreed that the size of the retaining walls is concerning and will require more design from the applicant. Glass suggested that the applicant break up the townhouses rather than placing all sixteen in a row, to break up the wall-like aesthetic. Glass also asked the applicant to look at landscaping the property to the West of the proposal. Chair Lewis asked the applicant to reduce parking on the site and lower the height of the retaining walls. 8. Old/New Business • PB Retreat Debrief 9. Adjournment: On a motion by Correa and seconded by Glass the meeting, the meeting was adjourned by unanimous consent at 8:48 p.m.