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HomeMy WebLinkAboutPB Minutes 1999-08-17TOWN OF ITHACA PLANNING BOARD August 17, 1999 E The Town of Ithaca Planning Board met in regular session on Tuesday, August 17, 1999, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; James Ainslie, Board Member; Larry Thayer, Board Member; Jonathan Kanter, Director of Planning; John Barney, Attorney for the Town. EXCUSED: Tracy Mitrano, Board Member; Daniel Walker, Director of Engineering; George Frantz, Assistant Town Planner. ALSO PRESENT: Marcie Finlay, 154 Bundy Road; Elizabeth Harness, WHCU; Martha Armstrong, 766 Elm Street Extension; Carol Macali, 132 E King Road; David Tessier, 8291 #2 Road Manlius NY; Evan Monkemeyer, 132 E King Road. Chairperson Wilcox declared the meeting duly opened at 7:33 p.m., and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on August 9, 1999, and August 11, 1999, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on August 11, 1999. (Affidavit of Posting and Publication is hereto attached as Exhibit #1.) Chairperson Wilcox read the Fire Exit Regulations,to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: SEOR Determination, Reconstruction of House, 1059 Danby Road. Chairperson Wilcox opened this segment of the meeting at 7:34 p.m. Evan Monkemeyer, 132 East King Road, stated this property is his old farm homestead. It. was purchased in the 1940s, This structure is one of three buildings on the parcel in addition to other apartment buildings. It is an older, antiquated building. It needs to be replaced and it would take too much money to restore it. Mr. Monkemeyer stated that he submitted the environmental review form that is required. He does not know of any significant environmental concerns. Chairperson Wilcox asked if the footprint would remain the same. Mr. Monkemeyer stated that it would be smaller. The current footprint is about 2200 square feet with a second story space. The new structure would be about 1500 square feet on one level. PLANNING BOARD PAGE 2 JI 1 AUGUST 17, 1999 APPROVED - APPROVED - APPROVED - OCTOBER 5, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox asked if he was proposing new parking spaces. I Mr. Monkemeyer stated that reconstructed building. A light ar building referred to as the Hayloft. Adjacent to the building there is a northeast end, four new parking spaces would be added to the East Side of the id landscape berm would be located on the south side of the There are existing trees surrounding the property to the south, large oak, a couple of spruce trees and one spruce tree on the Chairperson Wilcox asked if the parking spaces are gravel or paved. Mr. Monkemeyer stated that it would be gravel. Board Member Thayer asked why the number of parking spaces is being increased if the footprint is smaller. Mr. Monkemeyer responded that this would include parking for the tenants and their guests. Jonathan Kanter Director of Planning, stated that most of the are ravel. 9 p�9 areas 9 � Mr. Monkemeyer stated that the parking areas are crushed run igravel. There is a layer or two of small gravel stones. Board Member Hoffmann asked 'if this would only be a one= family unit. Mr. Monkemeyer stated that it would be a single - family unit. Board Member Hoffmann asked how they are able to get so, many apartments in the three buildings. - Mr. Monkemeyer responded that the building in the rear ha''s 7 dwelling units. The front building has 4 dwelling units. The single unit is the twelfth unit. Mr. Kanter stated that there is a correction in part II of the Environmental Assessment Form, under C1 is should say a total of 12 apartment units and not 16. This site was rezoned to multiple residence in 1979. There was a maximum limit on the number of dwelling units placed in the apartment development. Board Member Hoffmann asked what the reason is for the landscape berm. Mr. Monkemeyer replied that it is a grassy knoll that they have had to mow in the past. A light fixture will be extended out. This would light the driveway and parking area. The light is oriented down so that it is not spilling up into the atmosphere. i Board Member Hoffmann asked how tall is the berm. PLANNING BOARD PAGE 3 AUGUST 17, 1999 APPROVED -APPROVED -APPROVED - OCTOBER 5, 1999 -APPROVED -APPROVED - APPROVED �f Mr. Monkemeyer responded it is about 12 to 18 inches. There I;will be perennial plants around it. 11 Board Member Thayer stated that the environmental assessment mentions 3 mature trees adjacent to the existing house. It states that they should be preserved if possible. If the house is smaller they should be able to be preserved. Mr. Monkemeyer stated that the are not planning on removing the trees. There will be Y Y 9 excavation and reconstruction next to them. Some of the lower limbs will probably come off. Board Member Hoffmann asked if the security lights are intended to be mounted on the outside of the house. I Mr. Monkemeyer responded yes. Board Member Hoffmann stated that she has a se rious roblem with these types of lights. p YP g They send glare from the light bulb into the area that it is Lighting up This makes it difficult to see. The board prefers to see a light that has the bulb shielded. Mr. Monkemeyer stated that it could be changed. There is one light that will be a low -level ground light next to the landscape berm. This is something that will be mounted to the wall and will be directed down towards the parking spaces. Board Member Hoffmann stated that because of the way they are constructed they tend to shine into the atmosphere. Mr. Monkemeyer asked what type of fixture would Board Member Hoffmann prefer to see. Board Member Hoffmann stated that she would prefer a box t pe fixture. The have shielding along the side and top to direct the light downward. Mr. Monkemeyer stated that on another apartment he has a ilglobe style light that sits on a torch and is mounted to the building. This type of light could be substituted. if Board Member Hoffmann stated that as long as the filament is not seen there will not be glare. An opaque globe will help to eliminate glare. Chairperson Wilcox stated that he does not like this type of light either. This is a standard residential light with a motion detector. Mr. Monkemeyer asked if this were to conflict with any other ligi ting requirements. Chairperson Wilcox responded no. PLANNING BOARD PAGE 4 AUGUST 17, 1999 APPROVED -APPROVED -APPROVED - OCTOBER 5, 1999 -APPROVE -APPROVED - APPROVED �I Attorney Barney asked how high the light would be mounted on the wall. Mr. Monkemeyer responded it would be 8 to 10 feet high. The" globe style light would still be able to work on a motion sensor. Chairperson Wilcox stated that the present light does not conflict with the Zoning Ordinance, but it can cause problems. The board does look at lighting for all projects. How much area will be disturbed by the project? Mr. Monkemeyer stated that about 3,000 square feet might be affected. There is existing public water; sewer and gas are into the shell of the building, There will not be any excavation except for around the perimeter of the building. Chairperson Wilcox closed this segment of the meeting at 7:51 'p.m. MOTION made by George Conneman, seconded by Larry Thayer. WHEREAS: 1. This action is the Consideration of Preliminary and Final Site Plan Approval for the proposed reconstruction of an existing single- family house in an MR Multiple Residence District, located at 1059 Danby Road, Town of Ithaca Tax Parcel No. 43- 1 -3.2. This is part of an apartment rental complex known as the Hayloft. Evan N. Monkemeyer, Owner /Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and if 3. The Planning oard on August 17, 1999, has reviewed andacce ted as adequate a Short 9 9 p 9 Environmental Assessment Form Part I prepared by the applicant, a Part 11 prepared by the Town Planning staff, and an application packet that includes, among other information, a Site Plan (S -1) entitled "Reconstruction at 1059 Danby Road, "recei;ved July 21, 1999, a Floor Plan (A -2), dated 10125198, an Elevation sheet (A -4), dated 10125198, all prepared by Alton Ainsle, Registered Architect, a Survey Map of the property, entitled I "Topographic Map Showing a Portion of Lands Owned by Herbert N. Monkemeyer," date ° 711188, prepared by George Schlecht, P.E., L.S., an updated survey map of the specific site, entitled, "Map of Boundary & Topographic survey= Parcel of Land - Part of Military Lot 85," prepared by George Ryan, L.L.S, dated 6125199, and other information related to the application, and 4. The Town Planning staff have recommended a negative determination of environmental significance with respect to the proposed site plan; NOW THEREFORE, BE IT RESOLVED: i PLANNING BOARD PAGE 5 APPROVED - APPROVED - APPROVED - OCTOBER 5, 1999 - APPRO That the Town of Ithaca Planning Board hereby makes environmental significance in accordance with the New Yor Review Act for the above referenced action as proposed Environmental Assessment Form nor an Environmental Impact AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer. NAYS: None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Site F reconstruction of an existing single - family house in an MR Multi at 1059 Danby Road, Town of Ithaca Tax Parcel No. 43 =1 -3.2. rental complex known as the Hayloft. Evan N. Monkemeyer, Ow Chairperson Wilcox asked what has happened to the parcel parkland. Mr. Monkemeyer responded that the parkland is moving ii AUGUST 17, 1999 -APPROVED - APPROVED a negative determination of State Environmental Quality ind, therefore, neither a Full Statement will be required. n Approval for the proposed Residence District, located 'his is part of an apartment r /Applicant. land that was proposed for David W. Tessier, Landscape Architect, stated that they are beginning to work on the subdivision of the remaining 120 acres. They are looking at the best plan for all the parcels. This does include the parkland that was done on a sketch plan a year or, more ago. There were 3 or 4 parcels involved. They are still looking at the same configuration of the parcels. Scott Chattfield has agreed to work with them. He is going to try and contact Attorney Barney to get things moving. Chairperson Wilcox stated that there is a parcel down the road near the Montessori School that was originally dedicated as parkland. The Town has never r1[eceived title to it. When Mr. Monkemeyer approached the board with a sketch plan for subdivision there was a general agreement that there will be a substitution of parkland. It would be good to move this project along. Chairperson Wilcox opened the public hearing at 7:54 p.m., and asked if any member of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 7:55 p.m. 11 MOTION made by Larry Thayer, seconded by George Conneman. WHEREAS. 1. This action is the Consideration of Preliminary and Final Site reconstruction of an existing single- family house in an MR ML at 1059 Danby Road, Town of Ithaca Tax Parcel No. 43 -1 -3 rental complex known as the Hayloft. Evan N. Monkemeyer, ( n Approval for the proposed 9 Residence District, located This is part of an apartment er /Applicant, and PLANNING BOARD PAGE 6 APPROVED - APPROVED - APPROVED - OCTOBER 5, 1999 7-A AUGUST 17, 1999 - APPROVED - APPROVED 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review with respect to Site Plan Approval, ha " s, on August 17, 1999 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form part I, prepared by the applicant, and a Part II prepared by the Town Planning staff, and 30 The Planning Board, at a Public Hearing on August 17, 1999, has reviewed and accepted as adequate an application packet that includes, among other information, a Site Plan (S -1) entitled "Reconstruction at 1059 Danby Road," received July 21, 1999, a Floor Plan (A -2), dated 10125198, an Elevation sheet (A -4), dated 10125198, all prepared by Alton Ainsle, Registered Architect, a Survey Map of the property, entitled `Topographic Map Showing a Portion of Lands Owned by Herbert N. Monkemeyer," dated 711188, prepared by George Schlecht, P.E., L.S., an updated survey map of the specifics project site, entitled, "Map of Boundary & Topographic survey - Parcel of Land - Part of Military Lot 85," prepared by George Ryan, L. L. S, dated 6125199, and other information related to the application. NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certa and Final Site Plan Approval, as shown on the Preliminary having determined from the materials presented that such significant alteration of the purpose of site plan control nor the by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Fii proposed reconstruction of an existing single - family house District, located at 1059 Danby Road, Town of Ithaca Tax Par( Site Plan (S -1) entitled "Reconstruction at 1059 Danby Road," Plan (A -2), dated 10125198, an Elevation sheet (A -4), dated Ainsle, Registered Architect, a Survey Map of the proper Showing a Portion of Lands Owned by Herbert N. 'Monkeme, George Schlecht, P. E, L, S, an updated survey map of the sp of Boundary & Topographic survey - Parcel of Land - Part o George Ryan, L.L.S, dated 6125199, and other information rela the following conditions: a. Submission of one (1) original or mylar copy and two (S -1) prior to the issuance of a building permit, preparation, to be retained by the Town of Ithaca. b. Revision of the site plan so that the two -way light on tf be of a type, and be mounted in a manner satisfactory so as to reduce diffusion of light to areas other than glare. 7 requirements for Preliminary ind Final Site Plan Checklist, vaiver will result in neither a policies enunciated or implied al Site Plan Approval for the n an MR Multiple Residence 31 No. 43- 1 -3.2, as shown on a eceived July 21, 1999, a Floor 0125198, all prepared by Alton v, entitled `Topographic Map 9r," dated, 711188, prepared by cific project site, entitled, "Map Military Lot 85," prepared by 3d to the application, subject to copies of the final site plan d to include the date of east side of the new structure the Town Director of Planning �e � driveways and to minimize PLANNING BOARD PAGE 7 APPROVED - APPROVED - APPROVED - OCTOBER 5, 1999 A AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer. NAYS: None. The MOTION was declared to be carried unanimously. AGENDA ITEM: SEAR Determination, 3 Lot Subdivision, West Chairperson Wilcox opened this segment of the meeting at 7 AUGUST 17, 1999 - APPROVED - APPROVED Road. p.m. Marcie Finlay, Ecovillage, stated that they are proposing to subdivide 2 approximately one - acre lots along West Haven Road. They do not see any adverse environmental impacts. Chairperson Wilcox stated that the proposed lots are similar in West Haven Road, Board Member Hoffmann asked where the lots are located access road into Ecovillage. Mr. Kanter stated that they are north of the temporary access Chairperson Wilcox asked when the parcels would be sold. Ms. Finlay stated that they have one interested buyer at this other parcel for sale also. with the existing lots along with respect to the temporary ime. The intent is to keep the Board Member Hoffmann stated that she wanted to be sure that this would not cause problem for future development of Ecovillage. Ms. Finlay stated that from the beginning it has been envisioned that these were potential building lots. There are existing residences between them „and the conservation easement. They are not part of the larger plan. Board Member Ainslie asked where the money from the sale of the lots would go. Ms. Finlay stated that it would go to the Ecovillage non- profit: Part of the reason for selling them is to pay off land debt for the entire parcel. N Board Member Ainslie asked if there is a potential for selling more lots like this. Ms. Finlay responded no. At this point the board has only approved looking into selling these two lots. They are reluctant to do anything further than that. Board Member Ainslie asked. if there were more frontages that Ilthey could sell...., PLANNING BOARD PAGE 8 AUGUST 17, 1999 APPROVED - APPROVED - APPROVED - OCTOBER 5, 1999 - APPROVED - APPROVED - APPROVED Ms. Finlay stated that they own two lots on Route 79 along West Haven Road. They are not planning to sell any of the land. These lots are in an area that is developed. They have been left out of the overall plan on purpose. Attorney Barney stated this has been thought about from the beginning. Chairperson Wilcox closed this segment of the meeting at 8:05 p.m. MOTION made by Larry Thayer, seconded by James Ainslie. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of two new building lots, Lot 1 proposed to be 1.0 +/= acres and Lot 2 proposed to be 1.2 +/- acres in size, from Town of Ithaca Tax Parcel No. 28 =1 =26.2 (totaling 140 +/= acres). The site is located on West Haven Road and is in County Agricultural District No. 2. The two proposed building lots on West Haven Road are zoned R -15 Residence, while the remainder of Tax Parcel No. 28 =1 =26.2 is zoned R -30 Residence. EcoVillage at Ithaca, Owner /Applicant; Liz Walker and Marcie Finlay, Agents, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board on August 17, 199u( Environmental Assessment Form Part 1, the Town Planning staff, a plat entitled Portion of Lands of EcoVillage at Ithaca, prepared by Allen T. Fulkerson, Licensed materials, and �, has reviewed and accepted as adequate a Short submitted by the applicant, and Part Il prepared by "Sketch Map Showing Proposed Subdivision of a Inc., Town of Ithaca, Tompkins County, New York," Land Surveyor, dated 6117199, and other application 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer. NAYS: None. PLANNING BOARD PAGE 9 AUGUST 17, 1999 APPROVED - APPROVED - APPROVED - OCTOBER 5, 1999 - APPROVED - APPROVED - APPROVED The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of two new building lots, Lot 1 proposed to be 1.0 ± acres and Lot 2 proposed to be 1.2 t acres in size, from Town of Ithaca Tax Parcel No. 28 =1 -26.2 (totaling 140 ± acres). The site is located on West Haven Road and is in County Agricultural District No. 2. The two proposed building lots on West. Haven Road are zoned R -15 Residence, while the remainder of Tax Parcel No. 28 =1 -26.2 is zoned R -30 Residence. EcoVillage at Ithaca, Owner /Applicant; Liz Walker & Marcie Finlay, Agents. Chairperson Wilcox opened the public hearing at 8:07 p.m., and asked if any members of the public wished to be heard. Martha Armstrong, 766 Elm Street Extension, stated she is not troubled that Ecovillage is selling two lots. It does trouble her that the Planning Board is approving SEQR and not having an Environmental Impact Statement on the overall site development. This needs to be done to address questions that have been raised. They do not have .a full site plan for this site. They do not know how they plan to develop this site. A SLUD was initiated 5 -6 years ago without an overall SEQR. They were put on the Agricultural Easement without an overall plan or SEQR. It might be appropriate to sell off single - family lots along West Haven Road. Right now the community Ior Ecovillage does not know how they are going to develop. They do not have an approved site plan for that site. There has not been an opportunity to look at the options. Ms. Armstrong stated that she has presented site development options. In later discussions, the board suggested that it might be appropriate to site some of the clusters closer to West Haven and Mecklenburg than their original plan. Ecovillage is also talking with Mutual Housing. She thinks that they would be much more interested in being closer to West Haven and Mecklenburg where lower income people can easily ride the public transportation. It is not a closed issue. Within their agricultural easement they might put in an educational center. She would like to see an overall plan for the site before they close off more options. There might be other reasons to have access off West Haven Road, Ms. Armstrong stated they might need a larger water pump station. It looks as if it might be in the right -of -way on the road and not on their property. If they are going to have more units, they might need a larger pump. They might need to bring in more utilities from West Haven Road. Ms. Armstrong stated that any other developer that comes before the Planning Board would need to do an overall site plan and have Environmental Impact Statement review. SEQR has been segmented. This is continuing to happen and the overall options are being closed off. With no other persons present to be heard, Chairperson Wilcox closed the public hearing at 8:12 p.m. Board Member Hoffmann stated that Ms. Armstrong had valid concerns. PLANNING BOARD PAGE 10 AUGUST 17, 1999 APPROVED - APPROVED - APPROVED - OCTOBER 5, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated that Ms. Armstrong would,be able to express them again when they get into a formal review of Ecovillage and the second neighborhood. Board Member Conneman asked if the board felt they should not approve further lot subdivision. Chairperson Wilcox stated that there is a concern lof closing off access to the parcel from West Haven Road. Mr. Kanter stated that on the tax map the north parcel is shown as 26.8. There are 2- 26.8's on the same map. It is incorrect. The northeastern 26.8 should have been consolidated with 26.2. This is something that was to be corrected by the County. Chairperson Wilcox stated that the argument is if they block themselves in, who will suffer. MOTION made by Eva Hoffmann, seconded by George Conneman. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of two new building lots, Lot 1 proposed `to be 1.0 +/ acres and Lot 2 proposed to be 1.2 +/- acres in size, from Town of Ithaca Tax Parcel No. 28 -1 -26.2 (totaling 140 +/- acres). The site is located on West Haven Road and is in County Agricultural District No. 2. The two proposed building lots on West Haven Road are zoned R -15 Residence, while the remainder of Tax Parcel No. 28 -1 -26.2 is zoned R -30 Residence. Eco Village at Ithaca, Owner /Applicant; Liz Walker and Marcie Finlay, Agents, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has on August 17, 1999, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Part ll prepared by the Town Planning staff, and 3. The Planning Board, at a Public Hearing held on August 17, 1999, has reviewed and accepted as adequate a plat entitled "Sketch Map Showing Proposed Subdivision of a Portion of Lands of EcoVillage at Ithaca, Inc., Town of Ithaca, Tompkins County, New York, " prepared by Allen T. Fulkerson, Licensed Land Surveyor, dated 6117199, 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 Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver will result in neither a PLANNING BOARD PAGE 11 AUGUST 17, 1999 APPROVED -APPROVED - APPROVED - OCTOBER 5, 1999 -APPROVED -APPROVED - APPROVED significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary,, and Final Subdivision Approval for the proposed subdivision of two new building lots, Lot 1 proposed to be 1.0 +/ acres and Lot 2 proposed to be 1.2 +/- acres in size, from Town of Ithaca Tax Parcel No. 28 -1 -26.2 (totaling 140 +/ acres), as shown on a plat entitled "Sketch Map Showing Proposed Subdivision of a Portion of Lands of EcoVillage at Ithaca, Inc., Town of Ithaca, Tompkins County, New York," prepared by Allen T. Fulkerson, Licensed Land Surveyor, dated 6117199, subject to the following condition: a. Submission for signing by the Chair of the Planning Board of an original or mylar copy of the plat and three dark -line prints, prior to filing with the Tompkins County Clerk's Office. AND BE IT FURTHER RESOLVED. At this time, the Planning Board finds that there is no need' for any park land reservation created by this proposed subdivision, and hereby waives the requirement for any park land reservation at this time, but determines that if there is any future subdivision of the remainder of Tax Parcel No. 28 -1- 26.2, the Planning Board may consider the need for future park land including in such consideration the lands for which subdivision approval is being given by this resolution, as well as including in such consideration the 33.93 acres in Tax Parcel No. 28 -1 -26.8 that were subdivided off for purposes of developing the First Residents Group. AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer. NAYS: None. The MOTION was declared to be carried unanimously. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Wilcox opened this segment of the meeting at 8:15 p.m., and asked if any member of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 8:16 p.m. Chairperson Wilcox stated that PERSONS TO BEII HEARD was .moved to the end of the meeting to allow more time for people to speak. It might be changed back to the beginning of the meeting, but it does not allow a lot of time for people to speak. Attorney Barney stated that the time could be allowed at the start of the meeting. If it is decided that it would take more time, then it could be continued at the end of the meeting after the scheduled agenda items have -been addressed. PLANNING BOARD PAGE 12 AUGUST 17, 1999 APPROVED -APPROVED - APPROVED - OCTOBER 5, 1999 -APPROVED -APPROVED -APPROVED AGENDA ITEM: APPROVAL OF MINUTES - MAY 49 1999. MOTION by Fred Wilcox, seconded by James Ainslie. RESOLVED, that the Planning Board does hereby approve and adopt the May 4, 1999 as the official minutes of the Town of Ithaca Planning Board for the said meeting as presented with clerical corrections. THERE being no further discussion, the Chair called for a vote. AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer, NAYS: None. The MOTION was declared to be carried unanimously. AGENDA ITEM: APPROVAL OF MINUTES — MAY 17,1999M MOTION by James Ainslie, seconded by Larry Thayer. RESOLVED, that the Planning Board does hereby approve and adopt the May 17, 1999 as the official minutes of the Town of Ithaca Planning Board for the said meeting as presented. THERE being no further discussion, the Chair called for a vote. AYES: Wilcox, Conneman, Ainslie, Thayer. ABSTENTION: Hoffmann. The MOTION was declared to be carried. AGENDA ITEM: OTHER BUSINESS. Attorney Barney stated that Linderman Creek was rejected for further appeal. The Cornell University Lake Source Cooling project has applied for a petition to appeal to the New York State Court of Appeals. Chairperson Wilcox stated that they must ask permission to appeal to the Court of Appeals. Attorney Barney stated that you are able to appeal as of right if you get two dissenting justices in the appellant division. This was a unanimous decision. If this occurs, you must apply for permission to appeal. It takes two justices of the Court of Appeals that want to hear it before they give permission. PLANNING BOARD I PAGE 13 AUGUST 17, 1999 APPROVED -APPROVED -APPROVED - OCTOBER 5, 1999 -APPROVED -APPROVED - APPROVED Board Member Thayer asked if they are appealing the permission to go out into the lake. Attorney Barney stated that this is on the building,. The Lake Defense Group brought a proceeding challenging the decisions and re- zoning. It was dismissed, then the Appellatte Division upheld the lower court's decision. They are now asking the Court of Appeals to look at it. Chairperson Wilcox stated that this is holding up the issuance of a building permit for the heat exchange facility. Attorney Barney stated that Cornell University has brought an application before Judge Rumsey seeking to have the stay modified to allow the building permit to be issued in part to allow work to be done that needs to be done within a narrow window. Mr. Kanter stated that Burger King would be before the board at the September 7' meeting. It is unsure when Cornell University North Campus will be before the board. The Town Board had questions about the zoning change from MR to R -30. They were concerned about the broader range of uses that would be allowed. They were also concerned with the relocation of the Moore House. This caused the Town Board to defer the referral of the rezoning issue to the Planning Board. The Town is waiting for the Final Environmental Impact Statement to be accepted by the City of Ithaca and distributed for public comment. It will be back before the Town Board in September. The Town Board requested that another site visit be set up for the Moore House. Board Member Conneman stated that he encourages the board to go and look at the Moore House. The back of the house gives a different perspective, of the site. Mr. Kanter stated that they would also visit the two alternate sites for the Moore House. Chairperson Wilcox stated that if Cornell University needs to move the house off the property in order have athletic fields, then it needs to come before this board. Attorney Barney stated that the. Planning Board has site plan approval. Mr. Kanter stated that the Town Board had strong feelings questioning whether the Moore House should be relocated. It is not a done deal. The Town Board has to rezone the site. They also discussed if it should be rezoned to R -30 or something else. It could be a Special Land Use District or an educational district that has not yet been established. Board Member Hoffmann stated that this matter of creating an educational zone has been talked about before. She stated that she was upset about some of the news coverage regarding the agreement between the Cornell University and Historic Ithaca as if it were a done deal. Attorney Barney stated that the move is not Historic Ithaca's first choice. They would rather see the house remain on site PLANNING BOARD PAGE 14 1 AUGUST 17, 1999 APPROVED -APPROVED -APPROVED - OCTOBER 5, 1999 - APPROVED -APPROVED - APPROVED Mr. Kanter stated the State Preservation Office have-not issued their final opinion on moving the Moore House. There is also supposed to be a Memorandum of Agreement between the State, Historic Ithaca, and. Cornell University that if. the house is. , going to be. moved it will need to meet specified requirements. This was not clear or available at the time of the Town Board meeting. Board Member Hoffmann asked if the board could request that this be part. of the final Environmental Impact Statement. Board Member Ainslie asked if it was a surprise to have a unanimous Zoning Board of Appeals decision on Burger. King. Mr. Kanter responded no. After sitting through the meeting they had a 5 -hour public hearing and a 3 -hour discussion. They talked about every issue thoroughly. Board Member Ainslie asked if Mr. Ellsworth had excused himself. Attorney Barney stated that he excused himself from considering the issue. When Burger King comes before the board, it might be necessary to have an executive session. Attorney Barney stated that he would like to do some research on the matter before hand. Board Member Ainslie asked if the Town is looking for a new board member. Chairperson Wilcox stated that the Town is looking. They ran an advertisement in the paper. He.is not aware of any candidates. When the board does review Burger King, this is not a complete second review of the project. The purpose is to review the preliminary site plan resolution conditions and the conditions set forth by the Zoning Board of Appeals. Chairperson Wilcox stated there was an editorial in the paper about not trusting Planning Boards because they are not elected. He has subscribed to a weekly paper in the Old Forge area. They print limited summaries of the Town Board meetings. About 80 people petitioned the Town Board to force the Planning Board to over turn a.decision that they had made. The response was that the Planning Board and Zoning Board of Appeals are independent bodies. r - AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the August 17, 1999; Meeting of Town of Ithaca Planning Board duly adjourned at 8:45 p.m. Prepared by: Carrie L. Coates, Keyboard Specialist/Minutes Recorder PLANNING BOARD PAGE 15 AUGUST 17, 1999 APPROVED -APPROVED -APPROVED - OCTOBER 5, 1999 -APPROVED -APPROVED - APPROVED Mary ;,Bryant, Administrative Secretary for the Town of Ithaca Planning Board. TOWN OF ITHACA PLANNING BOARD 126 East Seneca Street Ithaca,New York 14850 Tuesday. August 17. 1999 AGENDA 7:30 P.M. SEQR Determination, Reconstruction of House, 1059 Danby Road. 7:35 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed reconstruction of an existing single-family house in an MR Multiple Residence District, located at 1059 Danby Road, Town of Ithaca Tax Parcel No. 43-1-3.2. This is part of an apartment rental complex known as the Hayloft. Evan N. Monkemeyer, Owner/Applicant. 7:50 P.M. SEQR Determination, 3 Lot Subdivision, West Haven Road. 7:55 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of two new building lots, Lot 1 proposed to be 1.0+/-acres and Lot 2 proposed-to be 1.2+/-acres in size, from Town of Ithaca Tax Parcel No. 28-1-26.2(totalling 140 +/-acres). The site is located on West Haven Road and is in County Agricultural District No.2. The two proposed building lots on West Haven Road are zoned R-15 Residence, while the remainder of Tax Parcel No. 28-1-26.2 is zoned R-30 Residence. EcoVillage at Ithaca, Owner/Applicant; Liz Walker and Marcie Finlay,Agents. j 5. Persons to be heard: 6. Approval of Minutes: ('`Teiie ailable at time,.f,,,.,ilet*)(May 4, 1999 and May 18, 1999). 7. Other Business. 8. Adjournment. Jonathan Kanter,AICP Director of Planning 273-1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY MARY BRYANT AT 273-1747. (A quorum of four(4) members is necessary to conduct Planning Board business.) TOWN OF ITHACA PLANNING BOARD NOTICE O$ PUBLIC HEARINGS ( Tuesday. August 17, 1999 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, August 17, 1999, at 126 East Seneca Street, Ithaca, N.Y. , at the following times and on the following matters: 7 :35 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed reconstruction, of an existing single-family house in an MR Multiple Residence District, located at 1059 Danby Road, Town of Ithaca Tax Parcel No. 43-1-3 .2 . This is part of an apartment rental complex known as the Hayloft . Evan N. Monkemeyer, Owner/Applicant . 7 : 55 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of two new building lots, Lot 1 proposed to be 1. 0 +/- acres and Lot 2 proposed to - be 1 .2 +/- acres in size, from Town of Ithaca Tax Parcel No. 28-1-26.2 (totalling 140 +/- acres) . The site is located on West Haven Road and is in County Agricultural .District No. 2 . The two proposed building lots on West Haven Road are zoned R-15 Residence, while the remainder of Tax Parcel No. 28-1-26.2 is zoned R-30 Residence. EcoVillage at Ithaca, Owner/Applicant; Liz Walker and Marcie Finlay, Agents . Said Planning Board will at said times 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 hearings. Jonathan Kanter, AICP Director of Planning 273-1747 Dated: Monday, August 9, 1999 Publish: Wednesday, August 11, 1999 The Ithaca Journal Wednesday, August 11 , 1999 TOWN Of ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesda 1August 17, By direction of Phe 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 August 17, 1999, at 126 East Seneca Street, ithoca, N Y. at the following times one on the following matters: 7:35 P.M. Consideration of Preliminary and Final Site Plan Approval for the pro- posed reconstruction of an existingg single-family house in an MR Multiple Residence District, located at 1059 Danby Road, Town of Ithaca Tax Parcel No.43-1-3-2.This is part of an apartment rental complex known as the Hay- loft. Evan N. Monkerneyer, Owner/Applicont. 7:55 P.M. Consideration of Preliminary and Final Sub. division Approval for the pro- ppoosed subdivision of two new building lots, Lot 1 proposed to be 1.03 acres and Lot 2 proposed to be 1.2f acres in size,from Town of Ithaca Tax Parcel' No. 28-1-26.2 (total- ing 1403 acres). The site is Iocated on West Haven Road and is in County Agricultural District No. 2. The two pro- posed building lots on West Haven Road are zoned R-15 Residence, while the remain. der of Tax Parcel No. 28-1-26.2 is zoned R-30 Resi- dence. EcoVillage at Whoca, Owner/A plicant; Liz Walker and Marcie Finlay, Agents. Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by aggent air In Parson. Individuals witvisual impair- ments hearina im pirmenis or of er spatia needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior so the time of the public hearings. Jonathan Kanter, AICP Director of Plam"nr# 273-1747 August 1 1, 1999 TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: August 17, 1999 PLEASE PRINTYOUR NAME PLEASE PRINTADDREWAFFILIATION (Please PRINT to ensure accuracy in official minutes) STY-. a/ y�Av to w �"T ss+ 92q 1 442- 6ZDAO M ANt-( L7, N� 131 �. TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Sandra Polce 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 of 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, 126 East Seneca Street, Ithaca, New York, on Tuesday, August 17, 1999 commencingat t 7:30 P.M., as per attached. Location of Sign Board used for Posting: Bulletin Board,Front&Entrance of Town Hall. Date of Posting : August 9, 1999 Date of Publication: August 11, 1999 Sandra Polce, Senior Typist Town of Ithaca. STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 11th day of August 1999. Notary Public f)EBORAH KELLEY NotaryOublid,--State.of New York No. 01 KE6025078 Qualified In Schuyler County Commission Expires May 17,20