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HomeMy WebLinkAboutPB Minutes 2001-11-20TOWN OF ITHACA PLANNING BOARD TUESDAY, NOVEMBER 20, 2001 FILE DATE The Town of Ithaca Planning Board met in regular session on Tuesday, November 20, 2001, in Town Hall, 215 North Tioga Street, Ithaca, New York, at 7:30 p:m. PRESENT: Fred Wilcox, Chairperson; George Conneman, Board Member; Larry Thayer, Board Member; Rod Howe, Board Member; Kevin Talty, Board Member; Tracy Mitrano, Board Member; Eva Hoffmann, Board Member (7:40 p.m.); Jonathan Kanter, Director of Planning; Mike Smith, Environmental Planner; John Barney, Attorney for the Town (7:41 p.m.); Daniel Walker, Director of Engineering (7:50 p.m.); Christine Balestra- Lehman, Planner, EXCUSED: Susan Ritter, Assistant Director of Planning. ALSO PRESENT: Walter Schwan, Wanda Schwan, Barbara Guttridge,.Dan Mitchell, Peter Browning, Kristin Campbell, Mary Jo Yunis. Chairperson Wilcox declared the meeting duly opened at 7:35 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 November 13, 2001, and November 14, 2001, 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 November 14, 2001. (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: PERSONS TO BE HEARD. Chairperson Wilcox opened this segment of the meeting at 7:36 p.m. With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 7:37 p.m. AGENDA ITEM: ROAD. CHWAN 2 -LOT 1`I Walter Schwan, 231 Coy Glen Road — We are selling the parcel which is about 0.62 acres. The area is zoned R15. I fail to see any environmental impact, this is a chunk of land that we don't use, it has got woods on it. The sewer starts at our driveway and goes downhill to a manhole. The water is in the opposite direction, there is a hydrant just beyond Ray Muckie's property. The water is available, the only problem we are going to pay for it. Jonathan Kanter — If there is anyone who by any slim reason doesn't know, Mr. Schwan was Supervisor for the Town of Ithaca for 1970 -1977. ADOPTED RESOLUTION: RESOLUTION NO.2001403 Seqr Preliminary & Final Subdivision Approval Schwan Two -Lot Subdivision 231 Coy Glen Road Tax Parcel No. 29,443.1 Planning Board, November 20, 2001 MOTION made by Larry Thayer, seconded by George Conneman, WHEREAS, 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed two lot subdivision at 231 Coy Glen Road, Town of Ithaca Tax Parcel No. 29 -7 -13.1, Residence District R- 15. The proposed includes subdividing the existing 2.59 +/- acre parcel into a 0.62 +/- parcel and a 1.97 + /- parcel, which contains the existing house. Walter & Wanda Schwan, Owners /Applicants, 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 November 20, 2001, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part H prepared by the Town of Ithaca staff, a survey map entitled "Survey May of 231 Coy Glen Road, Town of Ithaca Tompkins County, New York," prepared by Kenneth A. Baker, Registered Land Surveyor, dated 11 /2 /01, and other application materials, and 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. The vote on the motion resulted as follows: Ayes: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. Nays: None, The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed two lot subdivision at 231 Coy Glen Road, Town of Ithaca, Tax Parcel No. 294-13.1, Residence District R45. The proposed includes subdividing the existing 2.59 +/= acre parcel into a 0.62 +/- parcel 2 and a 1.97 +/- parcel, which contains the existing house. Walter & Wanda Schwan, Owners /Applicants. Chairperson Wilcox opened the public hearing at 7:43 p.m. MOTION made by Tracy Mitrano, seconded by Rod Howe. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed two lot subdivision at 231 Coy Glen Road, Town of Ithaca Tax Parcel No. 29 -7 -13.1, Residence District R -15. The proposal includes subdividing the existing 2.59 +/- acre parcel into a 0.62+/ - parcel and a 1.97 +/- parcel, which contains the existing house. Walter & Wanda Schwan, Owner /Applicant, and 26 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 November 20, 2001, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part 11 prepared by the Town planning staff, and 3. The Planning Board, at a Public Hearing held on November 20, 2001, has reviewed and accepted as adequate a survey map entitled "Survey May of 231 Coy Glen Road, Town of Ithaca, Tompkins County, New York," prepared by Kenneth A. Baker, Registered Land Surveyor, dated 11/2/01, and other application materials, NOW, THEREFORE, BE IT RESOLVED. 1. That the Town of Ithaca Planning Board hereby waives 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 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 two lot subdivision at 231 Coy Glen Road, Town of Ithaca Tax Parcel No. 29 -7 -13.1 as shown on a survey map entitled "Survey Map of 231 Coy Glen Road, Town of Ithaca, Tompkins County, New York," prepared by Kenneth A. Baker, Registered Land Surveyor, dated 11/2/01, subject to the following conditions: a. Submission of detailed plans for connection of any dwelling units on the new building lot (Parcel 1) with the public sewer and water mains for review and approval of the Town Engineer prior to issuance of any building permits for such dwelling units on Parcel 1, and submission of evidence of satisfactory completion of the connections to the sewer and water mains prior to issuance of any certificates of occupancy for any dwelling units on Parcel 1, and b. Approval by the Town of Ithaca Highway Superintendent of any new curb -cut or construction within the Coy Glen Road right -of -way prior to issuance of any building permits on Parcel 1. K, AND BE IT FURTHER RESOLVED: 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. The vote on the motion resulted as follows. AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. The MOTION was declared to be carried unanimously. AGENDA ITEM: SEOR DETERMINATI.ON, ITHACA BEER CO. EXPANSION, 606 ELMIRA ROAD. Chairperson Wilcox opened this segment of the meeting at 7:46 p.m. Dan Mitchell — I propose a 3,600 +/- square foot addition to the Ithaca Beer Company. Fred Wilcox — Questions? Dan Mitchell — We were here in February of 1998. Eva Hoffmann - I have a question about the letter that you wrote to the Board. (The question and the answer were not audible on the tape) Tracy Mitrano — How far do you guys distribute? Dan Mitchell — We go as far as Rochester. Tracy Mitrano — Do you go to taverns or do you go to grocery stores? How do you distribute? Dan Mitchell — We actually sell all our beer through wholesalers. Tracy Mitrano — Are you from Ithaca? (The answer was not audible) Eva Hoffmann — I wonder about the drainage. Will there by any changes because of this proposal. (The answer was not audible) Fred Wilcox — The area right now is used for storage of kegs. Mike Smith — Mancini Drive goes on your western side so any runoff would cross the road and most likely would follow the channel along the side of the road. Fred Wilcox — Mr. Mitchell states he is under a five -year lease. This building has 4500 square feet. ER Chairperson Wilcox closed this segment of the meeting at 7:55 p.m. ADOPTED RESOLUTION: RESOLUTION NO. 2001405 SEQR Preliminary Site Plan Approval Ithaca Beer Co. Expansion 606 Elmira Road Tax Parcel No. 33 -3 -2.1 Planning Board, November 20, 2001 MOTION made by Kevin Talty, seconded by Larry Thayer: WHEREAS. 10 This action is consideration of Preliminary Site Plan Approval for the proposed 3,600 +I- square .foot addition to the Ithaca Beer Co. located at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33- 3 -2.1, Light Industrial District. The warehouse addition will be placed at the rear of the current building on the existing paved area and will be used to house larger equipment. Yunis Realty, Inc., Owner: Dan Mitchell, 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 Sit Plan Approval, and 31 The Planning Board, on November 20, 2001, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and PartH prepared by Town Planning Staff, plans entitled "Ithaca Beer Co. 606 Elmira Road, Ithaca, Proposed Addition Site Plan", dated November 12, 2001, and other application material, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Sit Plan 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, an Environmental Impact Statement will not be required. The vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. The MOTION was declared to be carried unanimously. PUBLIC HEARING. Consideration of Preliminary and Final Site Plan Approval for the proposed 3,600 +/- square foot addition to the Ithaca Beer Co. located at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33- 3 -11, Light Industrial District. The warehouse addition will be placed at the rear of the current building on the existing paved area and will be used to house larger equipment. Yums Realty, Inc., Owner; Dan Mitchell, Applicant. 5 Chairperson Wilcox opened the public hearing at 7:55 p.m. With no persons present to be heard, Chairperson Wilcox closed the Public Hearing at 7:56 p.m. Larry Thayer- I was assuming that this was just a metal building. Dan Mitchell — The building is roughly 60 feet from the road. Attorney Barney — What is the height of the building from the ground? Dan Mitchell — The new building would be roughly 32 feet. Attorney Barney — Were there any materials submitted that show the plan in exact dimensions? Dan Mitchell — The drawing was submitted. Attorney Barney — It is not clear from that drawing what the height of the building is. Is it possible to get something? It is not showing from grade. That is a critical measurement we need to have. That should be shown in some fashion on the plans. Dan Walker — For every twelve feet you are going to go up four feet and it is 26 feet to the peak so you are going to be raising 8 feet. Twenty -five feet is the maximum. Are these tanks going to be centered in the building. You could have an 18 -foot sidewall and a 20 -foot high tank — you probably have access points at -the top of the tank. Dan Mitchell — Yes. Dan Walker — What is the diameter? Dan Mitchell — Roughly two feet. Dan Walker — I would imagine these trusses are going to be a least, probably 5 -foot centers. If the tank is wider that the trusses your sidewall has to be at least as high as the tank is. I appears there is some detail that has not been fully brought out yet. You are already going for an Area Variance, Attorney Barney — What I am concerned with is that these documents don't show us what the building is you are going to put up, typically with a site plan approval you want to see some elevations. Dan Walker — I would recommend getting more detailed, if this Board approves the site plan at least on a preliminary basis tonight, that you firm up the plans to get an actual building design. Dan Mitchell — There is actually three different types of styles. In discussions I have had with them I told them exactly what I was looking for. Dan Walker — These are consistent — it is the same style building. The drawing has the two sections on it, are the endwall sections so that the truss is straight across on those because of the wall, but the exterior E trusses are the beveled pitch trusses, so it is consistent. This is the end treatment, one with a door, one without a door, and the level curves on there so that they can attach the signage to it. Dan Walker —. They can build a 22 -foot high building, there is no question of that. Attorney Barney — To get a building permit they are going to have to submit something more detailed than this. I think what we are asking you is that if you can go back to them and say, lets get the more clear dimension so that we have something to look at for approval. Typically, what this Board and the Board of Zoning Appeals approves; they approve a specific plan — this is just too general, too generic. Dan Walker — This is a standard brochure, that is pretty much what the building will look like on the outside. Attorney Barney — I can't believe that they don't have, as you say, plans for what you want to build. If they don't they are going to have to develop them anyway. I would do it before the BXA meeting, assuming this Board is inclined to grant preliminary approval. Larry Thayer — What is the maximum before they need a variance heightwise. Attorney Barney — 259 Fred Wilcox — I have one additional issue that I wish to bring up, and that has to do with the site right now. Actually that is the reason I asked for the old minutes as I thought we addressed it back in 1998. I had mentioned something about how the site looked and the fact that it looked wet. My statement, according to the minutes. "Chairperson Wilcox asked the representative from Yunis Realty to clean up the property". When I visited the site on Sunday, frankly, I wasn't pleased with the way the property was. I will be more specific. Along the guardrail, there is old floor tile, discarded snow fence, other debris. The floor tiles have been there quite a while. If you walk through a grassy area there are plastic bottles, cans, and all sorts of stuff, Normally, I would just ask the owner of the property to clean it up, but I think I asked three (3) years ago to clean it up and I am not that satisfied that the property is in a state that it should be, I don't know who Yunis Realty is, but I did look in the phone book and I did not see them listed, they may be from out of town. We can ask the landlord, if you will, we are just not happy, it is the whole site. I would like to add a condition to the resolution for preliminary that the site be cleaned up. There is debris on the site that does not belong there. I am not talking about cinder blocks and things like that, I am more worried about trash, the bottles and cans. Tracy Mitrano — The final site plan, how did we word it, in what way did we word it in the proactive way, clean up around the site. Where in our rulings did we place the order that Burger King had to go out and clean up. Attorney Barney — My question — why, if you want it, why it why it couldn't be done prior to site plan approval. Tracy Mitrano — That is what I mean. Attorney Barney — I think they are going to come back with that anyway, to give this board a chance to look at it and be satisfied or not. 7 ADOPTED RESOLUTION RESOLUTION NO* 2001=106 Preliminary Site Plan Approval Ithaca Beer Co. Expansion 606 Elmira Road Tax Parcel No. 33 -3 -2.1 Planning Board, November 20, 2001 MOTION made by George Conneman, seconded by Tracy Mitrano: WHEREAS, L This action is consideration of Preliminary Site Plan Approval for the proposed 3,600 +/- square foot addition to the Ithaca Beer Co. located at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33- 3 -2019 Light Industrial District. The warehouse addition will be placed at the rear of the current building on the existing paved area and will be used to house larger equipment. Yunis Realty, Inc., Owner; Dan Mitchell, Applicant. 20 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, has, on November 20, 2001, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board , at a Public Hearing held on November 20, 2001, has reviewed and accepted as adequate, plans.entitled "Ithaca Beer Co., 606 Elmira Rd., Ithaca, Proposed Addition Site Plan", dated November 12, 2001, and other application material, and NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Site Plan Approval, as shown on the Preliminary Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 29 That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed 3,600 +/- square foot addition to the Ithaca Beer Company located at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33- 3 -2.1, Light Industrial District, as shown on plans entitled "Ithaca Beer Co. 606 Elmira Road, Ithaca, Proposed Addition Site Plan", dated November 12, 2001, subject to the following conditions, prior to final sit plan approval. a. granting of any necessary variances from the Zoning Board of Appeals, and b. submission to and approval by, this Board of detailed plans showing elevations including dimensions from grade to peak of the roof, and c. cleaning up of the property to the satisfaction of this Board. The vote on the motion resulted as follows: AYES. Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. 3 The MOTION was declared to be carried unanimously. AGENDA ITEM: SEOR DETERMINATION, TELECOMMUNICATION ANTENNAS, SAPSUCKER WOODS ROAD. Chairperson Wilcox opened this segment of the meeting at 9:08 p.m. Chris Balesta -Lehman — I think regarding cell antennas and cell towers the cell tower would be considered the structure, the antennas would be considered the appurtenance on the structure. Dan Walker — The largest structure put up is the equipment building — 8 feet high, 12 feet wide and 20 feet. The antennas are 3 inches in diameter and 10 -12 feet long so they are much higher than the tallest structure, but they are not as large as the equipment building is. The antennas extend above the tower. The exterior dimension is 10 feet from the ground, and assuming that the interior space is probably 18 high — that is probably where they got the 8 foot. Again, the Engineer was looking at the useful space instead of the exterior dimension. RESOLUTION NO. 2001=107 SEOR, PRELIMINARY AND FINAL SITE PLAN APPROVAL, TELECOMMUNICATIONS ANTENNAS, SAPSUCKER WOODS ROAD. MOTION made by Larry Thayer, seconded by Kevin Talty: WHEREAS. MOTION made by Larry Thayer, seconded by. Kevin Talty: 1. This action is Consideration of Preliminary & Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed telecommunication antennas on a Town of Ithaca water tank on Sapsucker Woods Road, Town of Ithaca Tax Parcel No. 70 -10 -2, Residence District R -15. The proposal includes attaching four pipes that would hold four whip antennas onto the water tank, constructing a prefabricated 10X20 equipment shelter next to the tank and a protective ice bridge from the shelter to the tank, and constructing a 12 -foot wide, 60 -foot long gravel driveway. Town of Ithaca, Owner; Nextel Partners, Applicant; Kristin A. Campbell, AICP, Agent, and 20 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 Special Approval, and 3. The Planning Board, on November 20, 2001, has reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and Part 11 and Visual Addendum, prepared by the Town Planning staff; a report entitled "Site Plan Review and Special Permit for Co- Location on a Water Tank ", prepared by Nextel Partners; plans entitled " Nextel Partners, Inc. NY -695C, Lansing (Water Tank) Cell Site ", including Sheet No. Z1 entitled "Zoning Site Plan", and Sheet No. Z2 entitled "Zoning Detail Sheet ", all prepared by Costitch Engineering, and dated October 17, 2001; and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval and Special Approval; NOW, THEREFORE BE IT FURTHER 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, an Environmental Impact Statement will not be required. The vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Tally. NAYS: None, The MOTION was declared to be carried unanimously. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SITE PLAN APPROVAL AND A RECOMMENDATION TO THE ZONING BOARD OF APPEALS REGARDING SPECIAL APPROVAL, FOR A PROPOSAL TO ATTACH TELECOMMUNICATION ANTENNAS ONTO A WATER TANK LOCATED ON SAPSUCKER WOODS ROAD, APPROXIMATELY 200 FEET SOUTH OF SANCTUARY DRIVE, TOWN OF ITHACA TAX PARCEL NO.70 -10 -2, RESIDENCE DISTRICT R45. THE PROPOSED INCLUDES ATTACHING FOUR PIPES THAT WOULD HOLD 4 WHIP ANTENNAS ONTO THE WATER TANK, CONSTRUCTION OF A PREFABRICATED 10 X 20= FOOT EQUIPMENT SHELTER NEXT TO THE TANK AND A PROTECTIVE ICE BRIDGE FROM THE SHELTER TO THE TANK, AND CONSTRUCTION OF A +1-12 -FOOT WIDE, +/- 60 -FOOT LONG, GRAVEL DRIVEWAY. THE ANTENNAS WILL EXTEND APROXIMATELY 26 FEET ABOVE THE TOP OF THE WATER TANK. TOWN OF ITHACA, OWNER; NEXTEL PARTNEERS, INC., APPLICANT; KRISTIN CAMPBELL, AICP, AGENT. Chairperson Wilcox opened the Public Hearing at 9:08 p.m. With no persons present to be heard, Chairperson Wilcox closed the Public Hearing at 9:09 p.m. ADOPTED RESOLUTION: RESOLUTION NO. 2001=108 PRELIMINARY & FINAL SITE PLAN APPROVAL AND RECOMMENDATION TO THE ZONING BOARD OF APPEALS REGARDING SPECIAL APPROVAL NEXTEL TELECOMMUNICATION ANTENNAS ON TOWN WATER TANK SAPSUCKER WOODS ROAD TAX PARCEL NO, 7040=2 PLANNING BOARD, NOVEMBER 20, 2001 MOTION made by Tracy Mitrano, seconded by Rod Howe. WHEREAS: 1. This action is Consideration of Preliminary & Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed telecommunication 10 antennas on a Town of Ithaca water tank on Sapsucker Woods Road, Town of Ithaca Tax. Parcel No. 70 -10 -2, Residence District R -15. The proposal includes attaching four pipes that would hold four whip antennas onto the water tank, constructing a prefabricated 10X20 equipment shelter next to the tan and a protective ice bridge from the shelter to the tank, and constructing a 12 400t wide, 60 -foot long gravel driveway. Town of Ithaca, Owner; Nextel Partners, Applicant; Kristin A. Campbell, AICP, Agent. 20 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 and Special Approval, has, on November 20, 2001; made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and a Part R and Visual Addendum, prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on November 20, 2001, has reviewed and accepted as adequate a report entitled "Site Plan Review and Special Permit for Co- Location on a Water Tank ", prepared by Nextel Partners; plans entitled "Nextel Partners, Inc., NY -695C, Lansing (Water Tank) Cell Site ", including Sheet No. Z1 entitled "Zoning Site Plan", and Sheet Z2 entitled "Zoning Detail Sheet ", all prepared by Costitch Engineering, and dated October 17, 2001; and other application materials. NOW THEREFORE BE IT RESOLVED: 16 That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary & Final Site Plan Approval, as shown on the Preliminary & Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary & Final Site Plan Approval for the proposed Telecommunication Antennas on the water tank on Sapsucker Woods Road, Tax Parcel No. 70 -10 -2, as shown on plans entitled, "Nextel Partners, Inc., NY -695C, Lansing (Water Tank) Cell Site ", - prepared by Costitch Engineering and dated October 17, 2001, subject to the following conditions, all to be met prior to the issuance of a building permit: a. granting of Special Approval and height variance from the Zoning Board of Appeals, bo negotiation and execution of a lease agreement between the applicant and the Town of Ithaca for the location of telecommunication antennas on a town -owned water tank, co submission of a financial security bond for removal of the telecommunications facility in the amount of $50,000, as per Local Law No. 4 — 1998, term of which is to be approved by the Attorney for the Town, do submission of construction details of the proposed gravel access drive, as per the Final Site Plan checklist for review and approval by the Director of Engineering, e. submission of an original or mylar copy of the final site plan (Sheet Z1), revised to show landscaping along the eastern side of the equipment building, as discussed by the Planning Board at the meeting, for approval by the Director of Planning, 30 This approval is subject to the further condition to be met prior to allowing any antennae to be permitted to project above the height of the water tank: a. approval by the Director of Planning of any additional lighting of the antennas, if required by the FAA. 11 4. This approval is further conditioned upon the structures and antennae are to be painted the same color as the existing water tank. AND BE IT FURTHER RESOLVED: L That the Planning Board, in making its recommendation to the Zoning Board of Appeals, determines the following: a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; be the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed project; co the specific proposed change in use as a result of the proposed project is in accordance with a comprehensive plan of development for the Town of Ithaca; do the proposed telecommunication antennas are necessary to meet current or reasonably expected demands for services; e, the facility conforms with all federal and state laws and all applicable rules or regulations promulgated by the Federal Communications Commission, Federal Aviation Administration, or any other federal agencies having jurisdiction; fe the facility is considered a public utility in the State of New York; go the facility is sited, designed, and constructed in a manner which minimizes (i) visual impact to the extent practical, and (ii) adverse impacts upon migratory and other birds and wildlife; he the facility complies with all other requirements of this ordinance, unless expressly superceded herein; and it the chosen site is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility. 2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be approved, and 3o that the Planning Board recommends that the Zoning Board of Appeals waive the following requirements of Local Law No. 4 — 1998, relating to the Construction and Maintenance of Telecommunication Facilities; a. an inventory report specifying existing telecommunication facility sites and evaluation of opportunities for shared use, be the dimensional standards indicating the fall zone having a radius equal to the height of attached antennae, but require a fall zone of 50 feet, co the required fence containing the equipment cabinet to buffer the view from neighboring residences and public roads so long as the Town owned fence is in existence and maintained by the Town, and do the agreement to negotiate with subsequent applicants seeking to co- locate telecommunication facilities on the initial applicant's structures. e. Attorney Barney — Are we requiring any fall zone? Chairperson Wilcox — The law is written that require that the tank and the antennas be 95 feet. 12 Christine Balestra -Lehman — It is a radius so it would have to be a 95 -foot radius surrounding that. Attorney Barney — By waiving it we are saying there is no fall zone at all. Christine Balestra -Lehman — The requirement is 95 -foot radius. Attorney Barney — Are we requiring any fall zone? Christine Balestra -Lehman — There is, within the fencing. In some places there is almost 90 feet, in other places there is about 40 feet. Attorney Barney — You could be a little worried about an antenna falling off, and you. should have some limited fall zone. Dan Walker — We have 30-foot clearance as a fence minimum to the tank, and if the antennas were to fall off they would break off at the mounting point of attachment, which is about 30 feet. Even a 50 -foot fall zone, which I believe we have within the fence, would make sense. That is within the existing controlled secured area. You are not waiving the requirement of a fence, but that the fence is in place already which effectively protects that structure and is being maintained by the Town. There is a fence around the structure to keep the public out. The fence is an 8 -foot high fence around it already. Dan Walker — The tank is water tower green. The vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. The MOTION was declared to be carried unanimously. Persons to be heard (CONTINUED FROM BEGINNING OF MEETING IF NECESSARY). Chairperson Wilcox - There are no additional persons to be heard. OTHER BUSINESS: Fred Wilcox — The Town of Ithaca Holiday Party is scheduled for Monday, December 31, 2001. It is $12.00 a person. Fred Wilcox — Larry Thayer, your term membership ends. Have you reached a decision? Larry Thayer — Yes, I have. I have given my letter to Carrie stating that I am going for another term. Fred Wilcox — We have a memo from Carrie about maternity leave and minutes. Everyone read the letter from Carrie. The Planning Board received a letter from the Trinity Luthern Church — everyone read it. 13 Christine - Balestra Lehman — Coming up on the Agenda is Independent Wireless One — the implication package is almost identical as the last one you got. It is not a Town structure, but it is another existing structure, it is a NYSEG utility pole. Johnathan Kanter — Talking about the Agenda for December 4`h, this is a question for the Board, because other than the telecommunication antennas that was. mentioned, there is nothing else scheduled except the possibility of having a presentation regarding the proposed zoning ordinance that will be coming around very soon. This might be a good opportunity to do that, but I am not sure we can be able to distribute the material ahead of the meeting, although .I think we are trying to and shooting for that. We thought it might be a good idea to give kind of an overview of all the changes. This first phase the Codes and Ordinance Committee has completed the Draft revision and s going to be distributing it to all the Boards and Committees in the Town — Planning Board, Ag Committee, Zoning Board, Conservation Board, and will be asking for comments back to the Codes and Ordinances Committee within a month and a half or so period of time. At least maybe we can go over and discuss the proposed changes at the December 4a' meeting. It seems like it world be a logical time to do it. Fred Wilcox — We might get the Beer Company back by then. Jonathan Kanter — No. Fred Wilcox — This ties into the rest of the schedule of our meetings because after the 4`h the next meeting would be the 18`h, and talking to Jonathan earlier this evening we may be in a position to cancel the meeting for December 18`h. Therefore, I would like a motion to authorize. Jonathan Kanter — We don't need to do that. We can put that on the Agenda for the December 4t' meeting. My suggestion is that we have two other Agenda items on the December 4`h that would be considered cancellation for the December 18`h meeting and consider scheduling January, 2000 meeting, possibly meetings. We probably don't want to do the whole schedule for 2002 yet, but we certainly want to know when our first January meeting is going to be. There is a possibility that we could have the January meeting be the second Tuesday instead of the third Tuesday. But, also at this particular point in time there are really not a whole lot of applications coming in. There might be. some things like the Ithaca Beer Company, the timing might be important for them. They are going to be going to the Zoning Board the third Monday, the 17`h. There is an outside chance we might be able to do them on December 189`h, but I doubt it very much. Fred Wilcox — This Board should provide a recommendation for Planning Board Chair for 2002. ADOPTED RESOLUTION: RESOLUTION NO* 2001=109 2002 PLANNING BOARD CHAIR RECOMMENDATION TO TOWN BOARD PLANNING BOARD, NOVEMBER 20, 2001 MOTION made by Tracy Mitrano, seconded by Larry Thayer. RESOLVED, that the Town of Ithaca Planning Board recommends to the Town Board that Fred Wilcox III, be appointed as Chair of the Planning Board for the year 2002. 14 A vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. ABSTAIN: Wilcox. The motion was declared to be carried. AGENDA ITEM: ADJOURNMENT Upon MOTION Chairperson Wilcox declared the November 20, 2001 meeting of the Town of Ithaca Planning Board duly adjourned at 9:37 p.m. Respectfully submitted Mary ryant Deputy Town Clerk 15 TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, November 20, 2001 AGENDA 7:30 P.M. Persons to be heard (no more than five minutes). 7:35 P.M. SEQR Determination, Schwan 2 -Lot Subdivision, 231 Coy Glen Road. 7:40 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed two lot subdivision at 231 Coy Glen Road, Town of Ithaca Tax Parcel No. 29 -7 -13.1, Residence District R -15. The proposal includes subdividing the existing 2.59 +/- acre parcel into a 0.62 +/- parcel and a 1.97 +/- parcel, which contains the existing house. Walter & Wanda Schwan, Owners /Applicants. 7:45 P.M. SEQR Determination, Ithaca Beer Co. Expansion, 606 Elmira Road. 7:50 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed 3,600 +/- square foot addition to the Ithaca Beer Co. located at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33- 3 -2.1, Light Industrial District. The warehouse addition will be placed at the rear of the current building on the existing paved area and will be used to house larger equipment. Yunis Realty, Inc., Owner; Dan Mitchell, Applicant. 8:00 P.M. SEQR Determination, Telecommunication Antennas, Sapsucker Woods Road, 8:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and a recommendation to the Zoning Board of Appeals regarding Special Approval, for a proposal to attach telecommunication antennas onto a water tank located on Sapsucker Woods Road, approximately 200 feet south of Sanctuary Drive, Town of Ithaca Tax Parcel No. 70 -10 -2, Residence District R -15. The proposal includes attaching four pipes that would hold 4 whip antennas onto the water. tank, construction of a prefabricated 10 x 20 foot equipment shelter next to the tank and a protective ice bridge from the shelter to the tank, and construction of a +/ -12 foot wide, +/ -60 foot long, gravel driveway. The antennas will extend approximately 26 feet above the top of the water tank. Town of Ithaca, Owner; Nextel Partners Inc, Applicant; Kristin Campbell, AICP, Agent. 8. Persons to be heard (continued from beginning of meeting if necessary). . .:: . .. 10. Other Business. 11, 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 OF PUBLIC HEARINGS Tuesday, November 20, 2001 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, November 20, 2001, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:40 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed two lot subdivision at 231 Coy Glen Road, Town of Ithaca Tax Parcel No. 29 -7 -13.1, Residence District R -15. The proposal includes subdividing the existing 2.59 +/- acre parcel into a 0.62 +/- parcel and a 1.97 +/- parcel, which contains the existing house. Walter & Wanda Schwan, Owners /Applicants. 7:50 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed 3,600 +/- square foot addition to the Ithaca Beer Co. located at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33- 3 -2.1, Light Industrial District. The warehouse addition will be placed at the rear of the current building on the existing paved area and will be used to house larger equipment. Yunis Realty, Inc., Owner; Dan Mitchell, Applicant. 8:05 P.M. Consideration of Preliminary and Final Site Plan Approval and a recommendation to the Zoning Board of Appeals regarding Special Approval, for a proposal to attach telecommunication antennas onto a water tank located on Sapsucker Woods Road, approximately 200 feet south of Sanctuary Drive, Town of Ithaca Tax Parcel No. 70 -10- 2, Residence District R -15. The proposal includes attaching four pipes that would hold 4 whip antennas onto the water tank, construction of a prefabricated 10 x 20 foot equipment shelter next to the tank and a protective ice bridge from the shelter to the tank, and construction of a +/ -12 foot wide, +/ -60 foot long, gravel driveway. The antennas will extend approximately 26 feet above the top of the water tank. Town of Ithaca, Owner; Nextel Partners Inc, Applicant; Kristin Campbell, AICP, Agent.. 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: Tuesday, November 13, 2001 Publish: Wednesday, November 14, 2001 S Jourr�ala �UVednesday- wNouember.1�4 X200 ;1��' TOWN OF ITHACA PLANNING BOARD SIGN -IN SHEET DATE: November 20, 2001 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE t� k�L,%Ak /l an k ME PLEASE PRINTADDRESS /AFFILIATION 3j c0\/GLFQRI S LR U ! dos 1 GV L / `�►"-% { A M 1 � Ir a,✓ -�YU� Ycc C.Cl, e C.� 1, s� .(,�, Y,r.,�S 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, 215 North Tioga Street, Ithaca, New York, on Tuesday, November 20, 2001 commencing at 7:30 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tioga Street. Date of Posting : Date of Publication November 13, 2001 November 14, 2001 dUu A,A. (:3ACA� Sandra Polce, Senior Typist Town of Ithaca. STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 14th day of November 2001. Notary Public CONNIE F. CLARK Notary Public, State of New York No,OICL6052878 Qualified in Tompkins County Commission Expires. December 26, 20 �. _