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HomeMy WebLinkAboutPB Minutes 2008-12-16TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 MINUTES Tuesday, December 16, 2008 FILE DATE FINAL Present: Fred Wilcox, Acting Chair; Members: George Conneman, Larry Thayer, Kevin Talty and Hollis Erb. Alternate: Jon Bosak Absent: Rod Howe and Susan Riha Others: Christine Carstensen, Greg Liberman and Art Fives for Plantations Welcome Center; Annette R. Marchesseault, Job Hall; Steve Beyers and Betty Bortz, Wilson Lab; Rick Couture, Ithaca College A &E Center; Jarod Lusk & Ken Cowley, Verizon Tower Board Member Wilcox opened the meeting at 7:04 p.m., accepted the Affidavit of Posting and Publication for the scheduled Public Hearings and indicated the location of the fire exits for the public. Persons to be heard There was no one wishing to address the Board at this time. EARING: of F Cornell University Plantations Welcome Center located on Comstock Knoll Drive off rlantations Road, Town of Ithaca_ Tax Parcel No. 67 =1 -6 Low Density Residential Zone. The proposal involves the construction of a 6,000 +/= square foot Welcome Center which will include a visitor Jobby, educational exhibit area flexible classrooms, a seminar room and other visitor amenities (restrooms gift shop, etc.). The project will also Include a 44 +/_ space parking lot and visitor arrival area, new %Yw1 n1waier racmues, a new combined pedestrian pathway and access route to connect the site elements and new outdoor lighting and landscaping Cornell University. Owner /Annlirnnf• (_hriefinn f dmr�f�r.c..... w,..,. & Christine Carstensen, Project Manager, Art Fives, Construction Manager, Ms. Carstensen introduced herself and handed out additional diagrams showing the elevations of the plan and added that she had also brought with her samples of major components of the building. She also noted that the addendum that was provided for the packets addressed issues that were mentioned at their other appearance and also included a letter from the Cayuga Heights Fire Department. Of particular interest was a new wood called Epay which is a tropical forest tree that was rather heavy. Since it grows in wet, swampy conditions, it has properties that protect it from bugs and rot. Board Comments The Board thanked the applicants for the samples. Board Member Talty asked about work hours and the applicants stated that the contract documents would state 7am to dusk. Board Member Conneman thanked them for not running truck traffic through Forest Home. Alternate Member Bosak commented that he would be really, really disappointed if the solar panels are not included. Board Member Wilcox opened the public hearing at 7:19 p.m. There was no one wishing to address the Board and the public hearing was closed. Reference to the Elevation Drawings and typographical errors were changed on the proposed resolution. ADOPTED RESOLUTION: PB RESOLUTION NO. 2008 - 908 Final Site Plan Approval Cornell University Plantations Welcome Center and Botanical Garden Site Work Comstock Knoll Drive off Plantations Road Tax Parcel No. 67 -1 -6 Town of Ithaca Planning Board December 16, 2008 Motion made by George Conneman, seconded by Kevin Talty. WHEREAS. 1. This action is consideration of Final Site Plan Approval from the Town of Ithaca Planning Board for the proposed Cornell University Plantations Welcome Center located on Comstock Knoll Drive off Plantations Road, Town of Ithaca Tax Parcel No. 67 -1 -6, Low Density Residential Zone. The proposal involves the construction of a 6,000 +/- square foot Welcome Center which will include a visitor lobby, educational exhibit area, flexible classrooms, a seminar room, and other visitor amenities (restrooms, gift shop, etc.). The project will also include a 44 +/- space parking lot and visitor arrival area, new stormwater facilities, a new combined pedestrian pathway and access route to connect the site elements, and new outdoor lighting and landscaping. Cornell University, Owner /Applicant; Christine Carstensen, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to Site Plan Approval and Special Permit, and has on November 18, 2008, made a negative determination of environmental significance, and 3. The Planning Board, at a Public Hearing held on November 18, 2008, has reviewed and accepted as adequate application materials, including Project Narrative and Impact Assessment and Project Drawings Appendix, date stamped September 30, PB 12 -16 -2008 Pg. 2 2008, and Supplemental Information: Demolition, dated October 17, 2008, prepared by Cornell University, and other application materials, and 4. The Planning Board, on November 18, 2008, granted preliminary site plan approval and a special permit for the proposed project as described above; and 5. The Planning Board, at a Public Hearing held on December 16, 2008, has reviewed and accepted as adequate application materials, including Plantations Welcome Center and Botanical Garden Site Work Supplemental Information: Final Site Plan Approval, date stamped November 25, 2008, Elevation drawings showing building materials handed out to the Planning Board on December 16, 2008, and other application materials. NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants Final Site Plan Approval for the proposed Cornell University Plantations Welcome Center and Botanical Garden Site Work, as shown in the application materials referenced in "Whereas #'s 3 and 5" above, subject to the following conditions: a, submission of record of application for and proof of receipt of all necessary permits from any county, state, and /or federal agencies, and b. submission of a truck routing plan to indicate that all demolition and construction traffic shall access and exit the site without traveling through the Forest Home neighborhood, for review and approval by the Town's Director of Engineering prior to the issuance of a demolition permit, and c. all buildings being demolished will require individual demolition permits from the Town of Ithaca Building Department, and d. submission of one set of the final site plan drawings on mylar, vellum, or paper, signed and sealed by the registered land surveyor, engineer, architect, or landscape architect who prepared the site plan materials, prior to issuance of a building permit, and e. submission of final site, utility, and stormwater management facility engineering details and construction specifications for review and approval of the Town of Ithaca Director of Engineering, prior to issuance of any building permit, and f. all lighting fixtures shall be fully - shielded to reduce glare and off-site spillage of light, and comply with Chapter 173 of the Town of Ithaca Code regarding Outdoor Lighting, and g. review and approval by the Town of Ithaca Director of Engineering of a stormwater facilities monitoring plan for the project site, prior to issuance of a building permit, and PB 12 -16 -2008 Pg. 3 h. all permanent stormwater facilities shall be included in the stormwater ".Operation, Maintenance, and Reporting Agreement" between Cornell University and the Town of Ithaca, satisfactory to the Attorney for the Town and the Director of Engineering, prior to issuance of a Final Certificate of Occupancy, AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board supports the proposed option of installing solar thermal panels as a means to reduce energy use but understands that such an installation may not be financially feasible. The solar thermal panels are part of the approved site plan, but the Planning Board determines they are not a necessary component of the Welcome Center's HVAC system or site plan. Therefore, if the applicant is unable to pursue the installation of solar thermal panels, a site plan modification will not be necessary. A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None Absent: Howe and Riha The motion passed unanimously. SEAR Determination: Road. Annette Marchesseault, Trowbridge & Wolf and Heather Sheldon, Holt Architects Ms. Marchesseault gave an overview of the project explaining that they want to expand an existing area to add some new utilities, add a generator and then screen the view with a brick wall that will blend with the existing wall. Staff had asked her about noise impacts and there would be no increase in noise unless there was an emergency and then the emergency generator would kick on. Board Comments Alternate Member Bosak asked about the necessity of replacing the concrete pad and Ms. Sheldon stated that it was necessary to accommodate the emergency generator and transformers. Alternate Member Bosak made a grammatical change to the proposed resolution. PB 12 -16 -2048 Pg. 4 ADOPTED RESOLUTION: PB RESOLUTION NO. 2008 - 109 SEAR Preliminary and Final Site Plan & Special Permit Ithaca College Job Hall Electric Services Tax Parcel No. 41 -1 -30.4 Town of Ithaca Planning Board, December 16, 2008 Motion made by Hollis Erb, seconded by Larry Thayer. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Job Hall Electric Services project located on the southwest corner of Job Hall on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1 -30.4, Medium Density Residential Zone. The project involves the removal of the existing concrete utility pad for the construction of a slightly larger heavy -duty concrete utility pad (approximately 12.25' x 60.65') and a +/- 5 foot high brick wall enclosure to screen the existing utilities and a new generator. Ithaca College, Owner /Applicant; Annette R. Marchesseault, RLA, Trowbridge & Wolf, LLP, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to Site Plan Approval and Special Permit, and 3. The Planning Board, on December 16, 2008, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part 1, submitted by the applicant, and Part 11 prepared by Town Planning staff, drawings "Cover Sheet" (sheet G001), dated November 13, 2008, "Site Plan" (sheet L200), dated November 12, 2008, "Generator Pad Plans & Elevations" (sheet A101) and "Wall Sections" (sheet A102), dated November 4, 2008, photo simulations (sheets GEN -1A, GEN - 1 B, and GEN -1 C), dated November 12, 2008, and "Site Plan" including planting list (sheet L201), dated November 17, 2008, prepared by Trowbridge & Wolf, LLP and HOLT Architects, P.C., and other applications 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 Permit; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. PB 12 -16 -2008 Pg. 5 A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None Absent: Howe and Riha The motion passed unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Job Hall Electric Services proiect located on the southwest corner of Job Hall on the Ithaca College campus Town of Ithaca Tax Parcel No. 41 -1 -30.4, Medium Density Residential Zone The project involves the removal of the existing concrete utility pad for the construction of a slightly larger heavy-duty concrete utility pad (approximately 12,25' x 60.65') and a +/- 5 foot high brick wall enclosure to screen the existing utilities and a new generator. Ithaca College, Owner /Applicant; Annette R Marchesseault, RLA Trowbridge & Wolf, LLP, Agent. Annette Marchesseault, Trowbridge & Wolf and Heather Sheldon, Holt Architects Board Member Wilcox opened the public hearing at 7:30 p.m. There was no one wishing to address the Board and the public hearing was closed. ADOPTED RESOLUTION. PB RESOLUTION NO. 2008 - 110 Preliminary and Final Site Plan & Special Permit Ithaca College Job Hall Electric Services Tax Parcel No. 41 -1 -30.4 Town of Ithaca Planning Board December 16, 2008 Motion made by Kevin Talty, seconded by George Conneman. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Job Hall Electric Services project located on the southwest corner of Job Hall on the Ithaca College campus, Town of Ithaca Tax Parcel No, 41 -1 -30.4, Medium Density Residential Zone. The project involves the removal of the existing concrete utility pad for the construction of a slightly larger heavy -duty concrete utility pad (approximately 12.25' x 60.65') and a +/- 5 foot high brick wall enclosure to screen the existing utilities and a new generator. Ithaca College, Owner /Applicant; Annette R. Marchesseault, RLA, Trowbridge & Wolf, LLP, Agent, 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 the project has, on December PB 12 -16 -2008 Pg. 6 16, 2008, 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 December 16, 2008, has reviewed and accepted as adequate, drawings "Cover Sheet" (sheet G001), dated November 13, 2008, "Site Plan" (sheet L200), dated November 12, 2008, "Generator Pad Plans & Elevations" (sheet A101) and "Wall Sections" (sheet A102), dated November 4, 2008, photo simulations (sheets GEN -1A, GEN -1 B, and GEN -1 C), dated November 12, 2008, and "Site Plan" including planting list (sheet L201), dated November 17, 2008, prepared by Trowbridge & Wolf, LLP and HOLT Architects, P.C., and other application materials, and NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the proposed Ithaca College Job Hall Electric Services project finding that the standards of Article XXIV Section 270 -200, Subsections A - L, of the Town of Ithaca Code, have been met, AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in 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 and Final Site Plan Approval for the proposed Ithaca College Job Hall Electric Services project located on the southwest corner of Job Hall on the Ithaca College campus, as described on the drawings "Cover Sheet" (sheet G001), dated November 13, 2008, "Site Plan" (sheet L200), dated November 12, 2008, "Generator Pad Plans & Elevations" (sheet A101), "Wall Sections" (sheet A102), dated November 4, 2008, photo simulations (sheets GEN -1A, GEN -113, and GEW1C), dated November 12, 2008, and "Site Plan" including planting list (sheet L201), dated November 17, 20082 prepared by Trowbridge & Wolf, LLP and HOLT Architects, P.C., subject to the following conditions: a. submission of record of application for and proof of receipt of all necessary permits from county, state, and /or federal agencies, and b. submission of one set of the final site plan drawings on mylar, vellum, or paper, signed and sealed by the registered land surveyor, engineer, architect, or landscape architect who prepared the site plan material, prior to the issuance of a building permit. PB 12 -16 -2008 Pg. 7 A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None Absent: Howe and Riha The motion passed unanimously. SEAR Determination: Cornell Universitv Water System Improvements Project, Hunaerford Hill Road, Caldwell Road, Ellis Hollow Road, Palm Road, and Drvden Road. Dave Prinzhorn, Jim Adams, Greg Linderman and Chris Bordlemay, Cornell Mr. Bordlemay gave a PowerPoint presentation. A new tank will be constructed and improve the service and pressure to East Campus as well as provide a back up to the Town and City. Two 16 -inch lines will be installed under Cascadilla Creek using a directional drilling method so the ground will not be touched, they will be going underground to limit any disturbance to the creek. There were questions about the process and Mr. Prinzhorn gave a detailed explanation /scenario. There were questions about the "mud pits" and Dan Walker explained how they would work. Board Comments Alternate Member Bosak asked about the telecommunication antennas. Mr. Adams clarified that the antenna owners have leases that end in the next two years and Cornell is working with the companies to determine another location. Alternate Member Bosak was worried about the companies asking for towers to replace the ones they will be losing. There was some discussion on this. Cornell is not responsible for placing the antennas. Board Member Talty asked about security. Mr. Prinzhorn assured the Board that there is state -of -the art security that he would prefer not to disclose in a public forum. Board Member Talty also asked about the color of the tank. There was some discussion about colors that are available. Rust is not an issue because there is no metal. The existing color was satisfactory. Mr. Prinzhorn added that the underground. majority of the tank will be Board Member Erb did not like the quality of the materials submitted, especially the photos. Alternate Member Bosak concurred. The pictures are solid black. He is fine with the project itself, but the materials were horrible. He liked the redundancy and he asked whether the project would impact the City's decision or vice - versa. Mr. Prinzhorn responded that their decision did not impact Cornell Is decision and vice - versa. It was good that they would be able to provide extra water if it was needed. Mr. Walker gave a brief PB 12 -16 -2008 history of water and tanks over the last 15 years or so. There are mutual aid agreements between the three. Board Member Wilcox noted that from his house, the Bolton Point tank is difficult to see, along the lines of a roof -top. Board Member Erb asked about the flood plain and Unique Natural Area. Mr. Linderman stated that they would not be impacting the flood plain. Mr. Walker stated that the boring locations were in or near the UNA but the boring was going underneath it. Board Member Erb thought it should have been vetted more in the documents. Mr. Prinzhorn thought that it had been and apologized, he then added that the locations were pushed back after discussions with Plantations to protect the UNA as much as possible. Board Member Erb would have liked to see a letter from them stating that they are comfortable with the project. An addition to the resolution was discussed and decided upon. There was some discussion regarding the SEQR form itself and the special use permit indicated. It was decided to take the word "use" out. Board Member Erb asked about lane closings. Mr. Linderman stated that there would be no road closings. ADOPTED RESOLUTION: PB RESOLUTION NO. 2008 - 111 SEAR Site Plan Approval and Special Permit Cornell University Water System Improvement Project Tax Parcel Nos. 61. -1 -7.2 (new water tank), 65. -1 -5.2 (State Pump House), 67. -1 -10.1 (Water Filtration Plant), and other numerous tax parcels (water pipeline) Town of Ithaca Planning Board December 16, 2008 Motion made by Larry Thayer, seconded by Fred Wilcox. WHEREAS: 1. This action is consideration of Site Plan Approval and Special Permit for the proposed Cornell University Water System Improvements project. The project involves the construction of a new 1.5 million gallon concrete water tank located off Hungerford Hill Road on Town of Ithaca Tax Parcel 61. -1 -7.2 and the installation of almost two miles of water line (on numerous Town of Ithaca tax parcels) from the new water tank to an existing pumping station (State Pump House (SPH)) located just north of Route 366 near the Cornell Plantations Arboretum on Town of Ithaca Tax Parcel 65.- 1 -5.2. The new pipeline route will include locations along Hungerford Hill Road, Ellis Hollow Road, Palm Road, Dryden Road (Route 366), and include a crossing under Cascadilla Creek. The new pipeline will also be extended from the SPH to the Cornell Water Filtration Plant (WFP) located off Caldwell Road on Town of Ithaca Tax Parcel 67. -1 -10.1. The project includes installation of new pumps and controls at the SPH and WFP, as well as upgrades of PB 12 -16 -2008 Pg. 9 other related equipment and infrastructure. Two existing water tanks located adjacent to the SPH will also be demolished as part of the project. The project will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No, 9, Cornell University, Owner /Applicant; Dave Prinzhorn P.E., Stearns & Wheler, LLC, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this uncoordinated environmental review, with respect to Site Plan Approval and Special Permit, and 3. The Planning Board, on December 16, 2008, has reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by Town Planning staff, a compilation of materials including a project narrative, a Stormwater Pollution Prevention Plan, a Phase I Archaeology Study, various additional details and site maps, and design drawings all provided in a three ring notebook entitled Cornell University Water System Improvements, Planning Board Submittal Town of Ithaca, New York, dated October 2008, prepared by Stearns & Wheler, Environmental Engineers & Scientists, and other application material, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval and Special Permit; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None Absent: Howe and Riha The motion passed unanimously. PB 12 -16 -2008 Pg. 10 PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell University Water System Improvements project. The project involves the construction of a new 1.5 million gallon concrete water tank located off Hungerford Hill Road on Town of Ithaca Tax Parcel 61. =1 -7.2 and the installation of almost two miles of water line (on numerous Town of Ithaca tax parcels) from the new water tank to an existing pumping station (State Pump House (SPH)) located Oust north of Route 366 near the Cornell Plantations Arboretum on Town of Ithaca Tax Parcel 65.- 1 -5.2. The new pipeline route will include locations along Hungerford Hill Road, Ellis Hollow Road, Palm Road, Dryden Road (Route 366), and include a crossing under Cascadilla Creek. The new pipeline will also be extended from the SPH to the Cornell Water Filtration Plant (WFP) located off Caldwell Road on Town of Ithaca Tax Parcel 67. -1 -10.1. The proiect includes installation of new pumps and controls at the SPH and WFP, as well as upgrades of other related equipment and infrastructure. Two existing water tanks located adjacent to the SPH will also be demolished as part of the proiect. The proiect will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell University, Owner /Applicant; Dave Prinzhorn P.E., Stearns & Wheler, LLC, Agent. Board Member Erb asked about a breach to the tank and if the water would reach Ellis Hollow Road residents. The applicants felt the only way the tank could be breached is another 911 scenario. Mr. Walker said the topography and existing draining patterns would divert the water regardless. She also asked about permission to hook into Bolton Point. Mr. Walker responded that agreements are in the works, but that Bolton Point had reviewed the project and fully supported it. Board Member Wilcox opened the public hearing at 8:38 p.m. Joel Harlan, Newfield, addressed the Board. He thought Cornell had the money to put something like this in place and they were ahead of the times. Board Member Wilcox closed the public hearing at 8:43 p.m. The additional condition was discussed and refined. (see condition m). Other minor housekeeping changes were made. ADOPTED RESOLUTION: PB RESOLUTION NO. 2008 = 112 Preliminary & Final Site Plan Approval Special Permit Cornell University Water System Improvement Project Tax Parcel Nos. 61 owl -7.2 (new water tank), 65. =1 -5.2 (State Pump House), 67. -1 -10.1 (Water Filtration Plant), and other numerous tax parcels (water pipeline) Town of Ithaca Planning Board, December 16, 2008 Motion made by Hollis Erb, seconded by Jon Bosak. PB 12 -16 -2008 Pg. 11 WHEREAS: 1. This action is consideration of Site Plan Approval and Special Permit for the proposed Cornell University Water System Improvements project. The project involves the construction of a new 1.5 million gallon concrete water tank located off Hungerford Hill Road on Town of Ithaca Tax Parcel 61. -1 -7.2 and the installation of almost two miles of water line (on numerous Town of Ithaca tax parcels) from the new water tank to an existing pumping station (State Pump House (SPH)) located just north of Route 366 near the Cornell Plantations Arboretum on Town of Ithaca Tax Parcel 65.- 1 -5.2. The new pipeline route will include locations along Hungerford Hill Road, Ellis Hollow Road, Palm Road, Dryden Road (Route 366), and include a crossing under Cascadilla Creek. The new pipeline will also be extended from the SPH to the Cornell Water Filtration Plant (WFP) located off Caldwell Road on Town of Ithaca Tax Parcel 67. -1 -10.1. The project includes installation of new pumps and controls at the SPH and WFP, as well as upgrades of other related. equipment and infrastructure. Two existing water tanks located adjacent to the SPH will also be demolished as part of the project. The project will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell University, Owner /Applicant; Dave Prinzhom P.E., Stearns & Wheler, LLC, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in the environmental review with respect to Site Plan Approval and Special Permit has, on December 16, 2008, 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 II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on December 16, 2008, has reviewed and accepted as adequate a compilation of materials including a project narrative, a Stormwater Pollution Prevention Plan, a Phase I Archaeology Study, various additional details, site maps, and design drawings all provided in a three ring notebook entitled Cornell University Water System Improvements, Planning Board Submittal Town of Ithaca, New York, dated October 2008, prepared by Stearns & Wheler, Environmental Engineers & Scientists, and other application material, and NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the construction of the Cornell University Water Systems Improvement Project as described above, finding that the standards of Article XXIV, Section 270 -200, Subsections A — L, of the Town of Ithaca Code, have been met; PB 12 -16 -2008 Pg. 12 AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in 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 and Final Site Plan Approval for the proposed Cornell University Water System Improvement Project involving the construction of a new 1.5 million gallon concrete water tank located off Hungerford Hill Road on Town of Ithaca Tax Parcel 61.- 1 -7.2, the installation of almost two miles of water line (on numerous Town of Ithaca tax parcels) from the new water tank to an existing pumping station (State Pump House (SPH)) located just north of Route 366 near the Cornell Plantations Arboretum on Town of Ithaca Tax Parcel 65.- 1 -5.2, the extension of a new pipeline from the SPH to the Cornell Water Filtration Plant (WFP) located off Caldwell Road on Town of Ithaca Tax Parcel 67. -1 -10.1, the installation of new pumps and controls at the SPH and WFP as well as upgrades of other related equipment and infrastructure, and also the demolition of two existing water tanks located adjacent to the SPH, as described and illustrated in the project narrative, reports, details, and site maps and drawings submitted in a three ring notebook entitled Cornell University Water System Improvement, Planning Board Submittal Town of Ithaca, New York, dated October 2008, prepared by Stearns & Wheler, Environmental Engineers & Scientists, subject to the following conditions being met prior to issuance of the building permit, except where noted otherwise: a. submission of the most current scaled drawings of the Zone 3 Water Storage Tank, and b. submission of revised drawings indicating the re- vegetation plan for the Zone 3 Water Storage Tank site, the Water Transmission and Distribution System sites, and the demolition site, and removal of any reference to the use of hay bales for erosion and sedimentation control, and c. submission of a revised "Miscellaneous Details (G -2)" drawing to include the name of the color of the Zone 3 Water Storage Tank and indicate the color will match the adjacent existing Bolton Point/SCLIWC Tank, and d. submission of revised drawings indicating that fencing or similar means of demarcation will be used to identify the project limits and prevent any disturbance to the remainder of the area as recommended in the Phase I and Phase II archeological study, and e. submission of a revised Stormwater Pollution Prevention Plan for review and approval by the Director of Engineering, and PB 12 -16 -2008 Pg. 13 f. submission of an operation and maintenance plan for review and approval by the Director of Engineering for the bioretention pond and associated stormwater management facilities, and g. submission of a stormwater "Operation, Maintenance, and Reporting Agreement" between the property owner and the Town of Ithaca, either as a specific agreement for this project or included in a broad agreement to cover all Cornell campus stormwater facilities, satisfactory to the Attorney for the Town and the Town Engineer, prior to issuance of the certificate of occupancy, and h. submission of a letter from the NYS Office of Parks, Recreation and Historic Preservation stating concurrence with the Phase II finding and recommendations of the Public Archaeology Facility, and notification to the Director of Engineering of where the fill from construction of the Zone 3 water tank is planned to be deposited, and submission of a truck routing plan for review and approval by the Director of Engineering, and j. submission of record of application for and receipt of all necessary permits from any county, state, and /or federal agencies including but not limited to a NYS DOT and Tompkins County right -of -way work permits, and Tompkins County Health Department, prior to issuance of the certificate of occupancy, and k. all structures being demolished will require individual demolition permits from the Town of Ithaca Building Department, and I. demolition of the 0.5 million gallon water tank shall be completed within four years from the date of this approval, and m. submission to and approval of the Director of Engineering and Director of Planning of documents detailing any impact to the Tompkins County Unique Natural Area, Cascadilla Woods and Fish Pond, UNA 128, and a protection and restoration plan to minimize and mitigate any such impacts. A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None Absent: Howe and Riha The motion passed unanimously. PB 12 -16 -2008 Pg. 14 Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed time extension for the 4,200 +/= square foot modular building at the Cornell University Wilson Laboratory complex located north of the intersection of Dryden Road (NYS Route 366) and Pine Tree Road, Town of Ithaca Tax Parcel No 63- 1 -8.2, Low Density Residential Zone. This proposal involves a request for a 10 year extension of the Site Plan Approval and Special Permit for the 4,200 +/- square foot modular building. The modular offices received Site Plan Approval in 2000 which expires on December 31, 2008. There are no modifications, improvements additional development or other changes proposed as part of this request This proposal was adjourned from the September 2, 2008 Planning Board meeting Cornell University, Owner /Applicant; Steve Beyers, P.E., Engineering Services Leader, Agent, Steve Beyers, Betty Bortz for Cornell Ms. Bortz and Mr. Beyers decided to simply respond to comments from the Board. Board Comments Board Member Conneman had an issue about not putting sprinklers in and he did not understand the reasoning. Mr. Beyers said it is a monetary issue. The initial estimate was $20,000 that turned into $100,000 plus when the request for quote went out. Board Member Conneman stated the College was hiring a Provost for $100,000 and this was more important. Ms. Bortz added that there have been layoffs and their budget has not been approved. Board Member Conneman thought that the cost when lives are in the balance is minimal and not a good enough reason to not put sprinklers in. He felt it was an ethical question. Board Member Wilcox asked Ms. Brock to remind the Board about the Zoning Board's action(s) and what impact that has on the Planning Board's options. Ms. Brock stated the Zoning Board previously granted a sprinkler variance for the building, the Planning Board adjourned this at an early meeting and requested that the Zoning Board rehear the matter given that the building has been there a number of years now and is proposed to continue to be there for a number of years more. In the initial appeal to the Zoning Board, the building had been characterized as "temporary". The Zoning Board had a resolution to revisit the matter which did not receive the unanimous vote required. The vote was 4 to 1 to revisit, therefore, the motion failed. Therefore, the sprinkler variance is valid and legal. Board Member Talty asked if that meant that the ruling in 1993 is now grandfathered for the building. Ms. Brock stated that since there was no date of expiration or conditions, it is still valid. Alternate Member Bosak noted that in the original transcript, the applicant was willing to go two years and the Board should make temporary mean temporary. Board Member Wilcox added that although he does not agree with the Zoning Board's decision, he has to respect their authority and realize that they are bound by it. The decision basically ties this Board's hands. He stated that although he had suggested that this Board should extend the special permit for one year to give Cornell time to get the employees out of this building and into another, since that is based on the absence of sprinklers, he can't do that. He PB 12 -16 -2008 Pg. 15 went on to remind the Board that at a previous meeting, Board Member Erb had mentioned a letter from the fire department stating that it was safe, would help and that letter is not included with the materials. Board Member Erb reiterated Board Member Wilcox sentiments and recommended a shorter extension. Alternate Member Bosak noted that the Zoning Board materials stated that there were eight exits but the fire safety document states that five of them are not used because it does not need more than three. He wondered if enabling those other doors would increase the fire safety. Ms. Bortz stated that New York State required them to take out or sheet rock the other doors because they were not "official doors" because the three official exits were more than sufficient for the size of the unit. She added that Steve Williams toured the facility and stated he would report to the Board. Ms. Kiley agreed that he did go up Friday afternoon, but had not submitted a report. With the Holidays and vacation days, the report may be around, but she had not seen it. Discussion followed regarding the Zoning Board's decision and actions and the fact that the Planning Board is bound by that decision. The consensus was to extend the permit for two years. Motion was made and seconded with minor changes. ADOPTED RESOLUTION PB RESOLUTION NO. 2008 - 113 Preliminary and Final Site Plan Approval & Special Permit Cornell University Wilson Lab Modular Offices Time Extension Tax Parcel No. 63 -1 -8.2 Dryden Road (NYS Rt 366) at Wilson Lab Entrance Planning Board, December 16, 2008 Motion made by Larry Thayer, seconded by Kevin Talty, WHEREAS: 1. This action involves consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed time extension for the Cornell University Wilson Lab Modular Offices located north of the intersection of Dryden Road (NYS Route 366) and Pine Tree Road, Town of Ithaca Tax Parcel No. 63- 1 -8.2, Low Density Residential Zone. This proposal involves a request for a ten year extension of the Site Plan Approval and Special Permit for the 4,200 +/- square foot modular office currently situated at the Wilson Laboratory complex, although Cornell has stated that a five year extension would also serve its needs. The modular office received Site Plan Approval in 2000, which expires on December 31, 2008. There are no modifications, improvements, additional development or other changes proposed as part of this request. Cornell University, Owner /Applicant; Steve Beyers, P.E., Engineering Services Leader, Agent 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 the project has, on September 29 2008, made a negative determination of environmental significance, after having PB 12 -16 -2008 Pg. 16 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 held a public hearing on September 2, 2008 and adjourned consideration of the proposed time extension for special permit and site plan approval for the 4,200 +/- square foot modular building because of questions regarding a sprinkler variance for the modular building, and 4. The Town of Ithaca Zoning Board of Appeals discussed the sprinkler variance at its October 27, 2008 meeting, where a Zoning Board of Appeals resolution to rehear the case failed to receive the necessary number of votes, so the sprinkler variance remains valid, and 5. The Planning Board has reviewed and accepted as adequate application materials, including a "Request for Extension of Site Plan Approval Narrative" with attachments, date - stamped July 25, 2008, prepared by Steve Beyers, "Fire Safety Information for the Wilson Laboratory Temporary Modular Building, IF dated December 3, 2008, prepared by the applicant, and other application materials, NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the proposed time extension for the 4,200 +/- square foot modular building in the Wilson Laboratory complex, finding that the standards of Article XXIV Section 270 -200, Subsections A — L, of the Town of Ithaca Code, have been met and subject to the following condition, That such Special Permit shall expire on December 31, 2010, and AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in 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 and Final Site Plan Approval until December 31, 2010 for the 4,200 +/- square foot modular building in the Wilson Laboratory complex located north of the intersection of Dryden Road (NYS Route 366) and Pine Tree Road, Town of Ithaca Tax Parcel No. 63- 1 -8.2, Low Density Residential Zone, as described in the Wilson Laboratory Modular Offices "Request for Extension of Site Plan Approval Narrative" with attachments, date- stamped July 25, 2008, prepared by Steve Beyers, and "Fire Safety Information for the Wilson Laboratory Temporary Modular Building," dated December 3, 2008, prepared by the applicant. PB 12 -16 -2008 Pg. 17 A vote on the motion was as follows: AYES: Wilcox, Thayer, Bosak, Talty, and Erb. NAYS: Conneman Absent: Howe and Riha The motion passed 5 to 1 Consideration by the Planning Board to re- establish its intent to serve as lead agency to coordinate the environmental review for the proposed Wetland Mitigation Plan for the Ithaca College Athletics and Events Center project located off Coddington \road near Rich Road, W. Northview Road, and the Water Tank Road, Town of Ithaca Tax Parcel No's 42 -1 -9.2 and 43 -1 -4 Medium Density Residential Zone. The proposal involves the construction of approximately 4.2 acres of wetland in two locations on the Ithaca College lands to compensate for approximately 2.77 acres of wetland being lost as part of the Athletics and Events Center project. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice - President of Facilities, Agent; and Rick Couture, Ithaca College Board Member Wilcox commented that the number in the "Description of Proposed Action" states "approximately 4.5 acres" but it is 4.3 acres not 4.5 and that is an important distinction because of the 1.5 per disturbed acreage. He also thanked Ithaca College for submitting the supplemental EIS. The Board was happy with the submitted document. Motion made and seconded. ADOPTED RESOLUTION PB RESOLUTION NO. 2008 - 114 Re- Establish Lead Agency — Declaration of Intent and Determination to Require Supplemental EIS Ithaca College Athletic & Events Center — Wetland Mitigation Tax Parcel No's. 43 -14 and 42 -1 -9.2 Ithaca College Campus off Coddington Road near Rich Road, W. Northview Rd, & the Water Tank Rd Town of Ithaca Planning Board December 16, 2008 MOTION made by Hollis Erb, seconded by George Conneman, WHEREAS: 1. The Town of Ithaca Planning Board, as lead agency, on the Findings Statement for the Environmental Impact College Athletics and Events Center; and May 20, 2008, did adopt Statement for the Ithaca PB 12 -16 -2008 Pg. 18 2. The Town of Ithaca Planning Board, on August 19, 2008, did grant Final Site Plan Approval for the Ithaca College Athletics and Events Center project, including the condition that "an additional site plan approval by the Town of Ithaca Planning Board will be required for the wetland mitigation once the location, size, and design of the replacement wetlands are finalized, including a long-term maintenance and monitoring plan, prior to issuance of a Final Certificate of Occupancy"; and 1 The Town of Ithaca Planning Board at its meeting on November 18, 2008, considered a Sketch Plan for the proposed Wetland Mitigation Plan for the Ithaca College Athletics and Events Center project located off Coddington road near Rich Road, W. Northview Road, and the Water Tank Road, Town of Ithaca Tax Parcel No's 42 -1 -9.2 and 43 -1 -4, Medium Density Residential Zone. The proposal involves the construction of approximately 4.2 acres of wetland in two locations on the Ithaca College lands to compensate for approximately 2.77 acres of wetland being lost as part of the Athletics and Events Center project. Ithaca College, Owner /Applicant; Richard Couture, Associate Vice- President of Facilities, Agent; and 4. The proposed Wetland Mitigation Plan, which requires site plan approval by the Town of Ithaca Planning Board, is part of the Athletics and Events Center project, which is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review; and 5. The Town of Ithaca Planning Board at its meeting on November 18, 20083 discussed the possible need for a Supplementary Environmental Impact Statement (S /EIS) to consider the impacts of the constructed wetland mitigation for the existing wetlands impacted by the Athletics and Events Center project; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby proposes to re- establish itself as lead agency to continue the coordinated environmental review of the proposed action as part of the Athletics and Events Center project, as described above; and BE IT FURTHER RESOLVED: That the town of Ithaca Planning Board hereby determines that a Supplemental Environmental Impact Statement (S /EIS) shall be prepared to evaluate the significant adverse environmental impacts that were not addressed or were inadequately addressed in the EIS for the Athletics and Events Center based on the new information that will be available regarding the Wetland Mitigation Plan, based on the importance and relevance of the new information and the present state of the information in the EIS; and BE IT FURTHER RESOLVED. That the Town of Ithaca Planning Board hereby determines that a formal scoping process for the S /EIS will not be required. PB 12 -16 -2008 Pg. 19 A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None Absent: Howe and Riha The motion passed unanimously. onsi T l elecommunications Facilitv located at 651 Five Mile Drive Town of Ithaca Tax Parcel No. 31 =2 -25.2, Low Density Residential Zone The proposal involves the construction of a +!- 125' self supp orting tower and wireless communication ' -6" x 30' MT Network dlbla Verizon Wireless Applicant; Jared C Lusk, Nixon Peabody, LLP Agent, Jared Lusk and Ken Cowley, Agents Mr. Lusk introduced others available for comments and handed out additional documents to the Board. Mr. Lusk began by giving an overview of the upgrade Verizon is looking to do and the issues with the Ithaca area because of the topography. The problems are located in the area of Route 13A, Bostwick Road etc., and Verizon has the FCC license and they are required to provide coverage to the area without regard to municipality boundaries. They do realize that the area encompasses both the City and the Town. The goal is to provide the upgrade PCS coverage to the area. He explained the diagrams and maps which showed the different problem areas. He explained how the phones talk to each other through the towers and the distance limitations. He explained the two bands needed for phone, texting and web options to keep up with demands. With the higher bands, the radio signals will not travel as far. There was a site selection analysis, Exhibit G, Page 2 which showed and then listed the sites that would support the tower requirements and the reason the Carroll property was selected. Many municipalities request that co- locating be a priority and there are no locations for co- locating. They looked at the water tower on Bostwick Road, and it would not provide the coverage. Ms. Brock asked if they had considered placing antennae on the Bostwick Road water tank and then a shorter tower elsewhere to fill in the coverage not achieved from the water tank site. Mr. Lusk responded no, because for the Town to require them to put up two towers would be in violation of the Telecommunications Act. Ms. Brock responded that it would not and the Town would not be requiring them to put up two towers; the coverage would come from two sites, but it wouldn't be two towers. Verizon would be co- locating on an existing tank and then putting a shorter tower somewhere else. Mr. Lusk stated he might PB 12 -16 -2008 Pg. 20 have misspoken and it would be two sites; Ms. Brock continued, stating there was a lot of case law where an applicant comes in and wants to put up a tall tower because it saves the company money by having to put up only one tower, it's vertical real estate which allows more space to be leased out on the tower and there are lots of cases where towns have said no; they want shorter towers, and it has been upheld that it is not in violation of the Telecommunications Act. Ms. Brock stated that it was an option that the Board can ask them to consider. Mr. Lusk disagreed, stating that requiring two facilities when coverage can be provided by one would be in violation of the Act, but interpretations are different of the case law. The cost is upwards of three - quarters of a million dollars for the equipment shelters and he felt that would be unreasonable, but they could look at that. Ms. Brock stated she was aware of the cost and so were the courts. Mr. Lusk thought where one site could provide the coverage and it was within the zoning, that it would be valid. The Bostwick Road site would not provide coverage to the Coy Glen area. Board Member Wilcox interrupted and asked the Board if they wanted that option looked at. The Board said yes, and Board Member Wilcox told Mr. Lusk to "stop arguing case law and go look at it." Board Member Conneman had a question on site 2 which was Tompkins County and asked why they rejected them. Mr. Lusk stated they "just weren't interested in leasing." Board Member Conneman asked why they wouldn't be when there would be income associated with it. Mr. Cowley responded that Tompkins County was contacted and they went back and forth with their consultant and proceeded along and then the County came back and said they were no longer interested and they should start searching elsewhere. Board Member Conneman wanted to know the reason. Mr. Cowley said they just said that they were no longer interested and they should look elsewhere. Board Member Talty reformed the question, asking about all the people listed as not pursuing a lease and asked Mr. Cowley what the number one reason was. He responded that probably, the number one reason was the people had other uses planned for the property. A lot of the parcels are owned by the City and they had other plans for the parcels. Board Member Talty stated that he was very suspect of the whole thing. He wants to know why everyone said no and why the County pulled out. He stated that he was in sales, and he always wants to know why he didn't get the order and he would ask. Mr. Cowley reiterated that the County's response was that they were no longer interested and that they did not want to lease them the property. Alternate Member Bosak asked if that is what Mr. Cook said and Mr. Cowley stated that it was sold and Ms. Brock added that Mr. Cook had recently died. Alternate Member Bosak stated "you're telling me that an auto dealer nowadays isn't looking for a little extra money ?" He stated that everybody has their price and what this suggests to him is they were not willing to deal with the price they were willing to pay. He suggested that they figure out what they would be willing to pay and then decide if that makes sense for Verizon. Board Member Talty added that it's not always the price, it could be the terms of the agreement. He asked what the general terms of an agreement were and Mr. Lusk responded that the lease is in the application submitted to the Board. Board Member Talty asked if it was always the same and Mr. Lusk responded that Verizon has a standard lease agreement that may be modified here and there, wordsmithing, but they stick to their standard form. He added that they "do not PB 12 -16 -2008 Pg. 21 have the right to condemn and to go back and reopen negotiations when they have a signed lease with the site they are talking about now seems like a hardship to them, if you want to know the details, line, dot and 'T' about why they didn't lease with us, some of that may be business decisions from their perspective or our perspective that may or may not have been acceptable, but I think the bottom line at the end of the day is that we couldn't come to lease terms with them and that's why it is stated the way that it is." Board Member Talty asked what happens if you do not come to terms within your perimeter? Mr. Lusk answered that sometimes the perimeter is split and Verizon tries to move in different directions and provide from a different direction. He added that that was not the case here where they have a signed lease in an agreeable area. Alternate Member Bosak had a number of issues and asked Board Member Wilcox how he would like to handle it. Board Member Wilcox thought they should finish their presentation even though it was getting late with questions to follow. Mr. Lusk continued and showed a diagram of the coverage that would be provided by the Bostwick tank and there are still significant gaps. The diagram showed coverage even with an additional tower next to the water tank so it would take three sites to achieve the same coverage. Board Member Wilcox cautioned that having a lawyer make that assertion as opposed to an engineer is less credible. Ms. Brock asked him to point out the gaps again and he stated that the gaps were the white areas. The one site they are applying for would provide seamless coverage shown in green where the other has multiple gaps. Board Member Thayer asked what caused the gaps and Mr. Lusk responded that it is due to line -of- sight, topography, heights, etc. Board Member Thayer wondered if it could be boosted to fill the gaps and Mr. Lusk reiterated that the power equation is limited by the .6 phone and the FCC has requirements that limit power ranges which is outlined in exhibit n. Board Member Thayer did not know where the gaps were because there were no names on the roads. Discussion followed with the main gaps being at the junction of Five Mile Drive and the "bridge to nowhere ". Ms. Brock said they could provide us with that information. Board Member Conneman suggested they need a map with names on it and information from the County about why they were rejected. Board Member Wilcox asked that the Board let him finish his presentation and then ask question. Mr. Lusk continued that they leased the site from Mr. Carroll and then submitted to Engineering and he indicated on the map where the parcel is and stated that the neighbor, Mrs. Jenks, had no issue with the tower. The intent is to screen the tower as much as possible. The tower is 125 feet tall and designed to allow three additional co- locators as required by Town Code. If the Board wanted a condition prohibiting co- locators, that would be fine. He noted that the Code requires a fall zone equal to the height of the tower but actually, technology has advanced so the towers now collapse onto themselves in the unlikely event of a failure. The tower is 108 and 110 feet away from the nearest neighbors. The towers are designed to a g- standard of 90 miles an hour with ice. The area at the base is landscaped and the photo simulations show that you would only see the top of the tower and that additional landscaping would not be an issue. Mr. Lusk took questions. PB 12 -16 -2008 Pg. 22 Board Comments Alternate Member Bosak asked for clarification on whether this was an application or what. Board Member Wilcox stated that an application has been submitted and this is sketch plan. Alternate Member Bosak asked if the $5,000 was put in escrow and Mr. Kanter said yes. On the EAF on page 3 of 21, Item 2, he wondered what happened to the trees. It was half an acre forested and ends in none. He stated according to Code, they have to be preserved. Mr. Lusk said it is probably a typo and Alternate Member Bosak said the numbers don't add up. Mr. Lusk said he would look into that. He added that the .61 acres is the access road and leased parcel. He showed that on the site plan map. Alternate Member Bosak asked him if he is saying that they complied with the requirement "existing on -site vegetation shall be preserved to the maximum extent possible." And Mr. Lusk said yes, they had placed the driveway on the outer edge to facilitate that. Board Member Erb added that it was not clear to her what portion of the parcel they were leasing and what would stop the parcel owner from clearing out the rest of the trees? The answer was; nothing. Alternate Member Bosak continued: EAF page 4, item 14 indicates there are no important scenic views. He thought that was factually incorrect. Board Member Erb added that it they had provided photos of the tower from Buttermilk Falls which is clearly a scenic view and that it is up to the Board to decided whether it is a dramatic impact. Board Member Wilcox asked the Board for a distinction of what the scenic view is. Is the scenic view from up the hill and the tower is in the view? Or is there a scenic view from this parcel? That is the distinction. The EAF says "does the site itself include scenic views ?" That is the distinction. Alternate Member Bosak went to page 9, item 6, regarding the uses in adopted land -use plans. They say yes, he didn't think so. Ms. Brock said it was an allowed use and Alternate Member Bosak argued that it is for the maintenance, not new services. Ms. Brock directed him to another section of the Code specifically, 219 Telecommunication Facilities, paragraph b says "so long as telecommunication facilities are deemed under NYS law to be a utility, telecommunication facilities may be constructed anywhere in the Town of Ithaca, but only if the person seeking to erect same shall have obtained special site plan approval from the Planning Board... ". Alternate Member Bosak said it is still not listed as a permitted use and Ms. Brock said Section 219 is an overlay and supersedes the other. Alternate Member Bosak continued that Chris had requested a picture of the tower and he noted that the pictures are different and some towers can have microwave dishes which would change the visual impact. Mr. Lusk stated that it was his understanding that Chris wanted a picture of the lattice tower to show the base and what its visual impact would be and Ms. Balestra concurred. She went on to state that she did not specify that it show add -ons. Alternate Member Bosak said he was noting it for the Board. He thought the tower would ruin the view from the cemetery and passed a photo around he took from the cemetery. Mr. Lusk noted that the balloon simulations were taken from the height of the tower. Alternate Member Bosak stated that it is not, in the word of our Code, "the most appropriate site among those available among the technically feasible area." He went on PB 12 -16 -2008 Pg. 23 to say that there are many listed and several of them are, in his opinion, better choices visually and he felt that Verizon should try a little harder to find a different site by offering a better deal, possibly. In particular he wants the City of Ithaca G(16) 31.2 -25.1 because it is zoned LDR and can be accessed from Five Mile Drive and it would avoid the fall zone issue. He also wanted G(2) County Recycling Center and (7) Maguire. He added that our Code does not say the cheapest site it says the most appropriate site. Mr. Lusk agreed and said that Verizon's ability to lease the property is an important issue. Alternate Member Bosak responded that Verizon's ability to lease a site has to do with how much Verizon is willing to pay for a lease. Mr. Lusk agreed to take another look at the other proposed sites. Alternate Member Bosak wrapped up his comments by saying he would like to have the results of the supplemental balloon fly promised on pages 2 and 3 of the letter from Jared Lusk to Chris Balestra. He reiterated his desire of having those results on hand before moving beyond the sketch plan review stage. Mr. Lusk explained that he was trying to be accommodating to the Board to see if there were any other views the Board wanted before the study was complete because the balloon fly costs thousands of dollars. Board Member Talty asked if Mr. Lusk was kidding because a balloon fly costs $27,000, but there is a lot of money in Verizon Wireless. Mr. Lusk reiterated that they did not have an issue with conducting a balloon fly, but asked again, as a courtesy, if there were other sites the Board wanted to see. Board Member Talty responded that the Board offers plenty of courtesies —don't worry about that. Board Member Thayer asked if the Town was invited to the balloon fly. He commented that the Board is usually invited to attend. Mr. Lusk offered to provide the Board with that information. Ms. Brock asked the Board if there were any locations that they wanted simulations from. Alternate Member Bosak stated he would to see simulations for the sites he asked Verizon to relook at. In fairness, he does not know what the visual impact would be of putting a tower on three parcels he noted. Board Member Wilcox asked if it was the Board's purpose to determine which is the most appropriate site for Verizon to locate their tower on or instead, is it the Board's purpose to review the application before them for the specific site chosen and say yes or no. He is worried the Board is getting close to stepping over boundaries. Board Member Talty asked what Board Member Wilcox's answer to that question was. Board Member Wilcox believed it was the Board's duty to review the application before them. If the Board has sufficient evidence that it is an inappropriate site and there is support from the Attorney for the Town, the Board can choose not to approve it. He is not sure the Board can require the applicant to look at other sites. Ms. Brock added that if there are specific locations the Board would like pictures from, the applicant needs to know that now. She explained that the project is currently under sketch plan review and the Board can provide feedback to the applicant because it is a less formal process. She did agree with Board Member Wilcox that when the applicant comes in for preliminary site plan and special permit approval, the Board has to decide based on the perimeters in the Town Code to grant the approvals or not. PB 12 -16 -2008 Pg. 24 Board Member Conneman reminded the Board that when they were making a decision for Cornell and where they were going to locate the new fields, he had asked for an analysis of why the other proposed sites were rejected. He thought it was logical to see the reasons why other sites were rejected. Board Member Conneman could not imagine Tompkins County or the State of New York not being interested in leasing land for a cell tower. Mr. Lusk responded that they were not interested and it was unfair for the Board to ask Verizon to go back to the property owners and ask to lease their property again. Board Member Wilcox added that the Board can confirm that property owners were approached and they declined. He does not need to know why a property owner declined to lease their property. Board Member Talty and Board Member Conneman both wanted to know why other property owners were not interested. Board Member Wilcox did not think it was relevant to the application. Board Member Conneman argued that it was because some Board members may vote know if they don't have that information. Board Member Talty added that if it is the same reason consistently and the applicant is omitting from the documentation he wants to know. Board Member Wilcox thought the Board was going to far afield. Board Member Talty reiterated that there were plenty of times when the Board had asked the applicant for more information and that the Board was not picking on the applicant. Board Member Wilcox responded he did not say that and Board Member Talty insisted that Board Member Wilcox did and was implying that the applicant was being treated differently from other applicants. Mr. Kanter redirected the conversation and noted that the difference between the Cornell project mentioned by Board Member Conneman was that Cornell had site control over all sites that they looked at whereas Verizon does not have site control. Mr. Lusk reiterated that Verizon will go back and look into the other sites again. They are willing to work with the Board to find an acceptable location. In his opinion, the proposed site is an acceptable site; they are trying to find a site that is acceptable to Verizon and the best location from a land use perspective. Alternate Member Bosak stated that by asking for other sites to be reviewed, he is not saying that the view of the tower from the other sites will be better. He was also in favor of Ms. Brock's suggestion of placing an antenna on the tower and supplementing coverage elsewhere. Board Member Talty added that Verizon could technically have more sites with more coverage. Mr. Lusk responded from a legal perspective, Verizon Wireless would not accept that. Board Member Wilcox brought the Board's attention back to what visual simulations they would like to see from the proposed site. Board Member Erb would like the photo simulations to include every feature that might be present on the tower. Mr. Lusk said that he would try. Board Member Erb, referring to photo simulation for view 1, stated that the tower would be bulky and unattractive at the top regardless of its location and she found it attractive that the bottom of the tower was screened by trees. She commented that she read all the submitted materials carefully and got the sense that Verizon did not know how big the pad was going to be. Mr. Lusk thought that it may have been a typo in the materials, but the size of the pad was noted correctly on the site plan. Board Member Erb was concerned about over 9,000 square feet being cleared for grading. Mr. Lusk noted PB 12 -16 -2008 Pg. 25 that area would be for the driveway. Ms. Balestra stated that planning staff asked the applicant to include the information she was referring to for the engineering staff who will be reviewing all calculations. Board Member Erb added that she wanted to know about the screening and how the screening would be protected. Mr. Kanter commented that the Board is dealing with a tax parcel that is not limited to just the area of disturbance of the cell tower. It is possible that the Board could have some influences over future uses and disturbance on the remainder of the property. He referenced Ms. Balestra's memo noting the possibility of subdividing the parcel. Mr. Lusk commented on subdividing the parcel. He noted that Verizon is similar to a public utility and by law are consistent with public utilities. He felt strongly that Verizon should not be required to subdivide the property. Alternate Member Bosak was intrigued by Mr. Lusk's equation of cellular service to a public utility. Ms. Brock explained that the case referenced in the materials determined that communities have to treat cellular telephone services like public utilities in that they cannot be zoned out of communities. Board Member Thayer wondered if the Board could say no. Board Member Wilcox explained the Board could say no with appropriate reasoning behind it. Mr. Lusk added that the Board could not effectively deny coverage. Board Member Erb thought the Board needed to recognize that there was a substantial portion of the population that relies on cell service. Board Member Wilcox asked if there was any other information Mr. Lusk needed from the Board that evening. Mr. Lusk noted that Verizon has submitted application for preliminary and final site plan approval. Ms. Brock noticed there are two things required by Town Code that she did not see in the applicant's packet. Tab E, page 2, number 3j requires an engineer's certification and refers to two exhibits; she did not read the exhibits as containing the necessary verbiage. She noted that the Town also needed something signed by Verizon and the landowner that binds them and their successors and interests to the extent that they can —she felt that exhibit M did not meet that requirement. Board Member Wilcox solicited final comments. Ms. Balestra asked that Board members save their packets. Board Member Wilcox thanked everyone for their comments. PB 12 -16 -2008 Pg. 26 Consideration of a Recommendation to the Town Board Regarding Chairperson of the Planning Board for 2009. ADOPTED RESOLUTION PB RESOLUTION NO. 2008 - 115 2009 Planning Board Chair Recommendation to Town Board Town of Ithaca Planning Board December 16, 2008 MOTION made by George Conneman, seconded by Kevin Talty. RESOLVED, that the Town of Ithaca Planning Board recommends to the Town Board that Rod Howe be re- appointed as Chair of the Planning Board for the year 2009. A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None Absent: Howe and Riha The motion passed unanimously. Resolution of Appreciation —Larry Thayer ADOPTED RESOLUTION PB RESOLUTION NO. 2008 -116 APPRECIATION - YEARS OF SERVICE LAWRENCE THAYER PLANNING BOARD DECEMBER 16, 2008 Motion made by Fred Wilcox, seconded by Hollis Erb, WHEREAS: Lawrence Thayer has served on the Planning Board for the Town of Ithaca for the last 12 years, THERFEORE. The Town of Ithaca Planning Board does hereby express its sincere appreciation for his service to the Town and its Residents. A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None PB 12 -16 -2008 Pg. 27 Absent: Howe and Riha The motion passed unanimously. Approval of Minutes — December 2, 2008 ADOPTED RESOLUTION PB RESOLUTION NO. 2008 —117 Adopt Planning Board Minutes of December 2, 2008 Planning Board December 16, 2008 Motion made by Fred Wilcox, seconded by Kevin Talty. WHEREAS. The Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on December 2, and NOW THEREFORE BE IT RESOLVED: The Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meetings on December 2, 2008. A vote on the motion was as follows: AYES: Wilcox, Conneman, Thayer, Bosak, Talty, and Erb. NAYS: None Absent: Howe and Riha The motion passed unanimously. Adjournment Board Member Wilcox adjourned the meeting at 10:34 p.m. Resp Deputy Town Clerk PB 12 -16 -2008 Pg. 28 TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, December 16, 2008 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7 :05 P.M. PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed Cornell University Plantations Welcome Center located on Comstock Knoll Drive off Plantations Road, Town of Ithaca Tax Parcel No. 67 -1 -6, Low Density Residential Zone. The proposal involves the construction of a 6,000 +/- square foot Welcome Center which will include a visitor lobby, educational exhibit area, flexible classrooms, a seminar room, and other visitor amenities (restrooms, gift shop, etc.). The project will also include a 44 +/- space parking lot and visitor arrival area, new stormwater facilities, a new combined pedestrian pathway and access route to connect the site elements, and new outdoor lighting and landscaping. Cornell University, Owner /Applicant; Christine Carstensen, Agent. 7:15 P.M. SEQR Determination: Ithaca College Job Hall Electric Services Project, Danby Road. 7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Job Hall Electric Services project located on the southwest corner of Job Hall on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1 -30.4, Medium Density Residential Zone. The project involves the removal of the existing concrete utility pad for the construction of a slightly larger heavy -duty concrete utility pad (approximately 12.25' x 60.65') and a +/- 5 foot high brick wall enclosure to screen the existing utilities and a new generator. Ithaca College, Owner /Applicant; Annette R. Marchesseault, RLA, Trowbridge & Wolf, LLP, Agent. 7:30 P.M. SEQR Determination: Cornell University Water System Improvements Project, Hungerford Hill Road, Caldwell Road, Ellis Hollow Road, Palm Road, and Dryden Road. 7:30 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell University Water System Improvements project. The project involves the construction of a new 1.5 nullion gallon concrete water tank located off Hungerford Hill Road on Town of Ithaca Tax Parcel 61. -1 -7.2 and the installation of almost two miles of water line (on numerous Town of Ithaca tax parcels) from the new water tank to an existing pumping station (State Pump House (SPH)) located just north of Route 366 near the Cornell Plantations Arboretum on Town of Ithaca Tax Parcel 65.- 1 -5.2. The new pipeline route will include locations along Hungerford Hill Road, Ellis Hollow Road, Palm Road, Dryden Road (Route 366), and include a crossing under Cascadilla Creek. The new pipeline will also be extended from the SPH to the Cornell Water Filtration Plant (WFP) located off Caldwell Road on Town of Ithaca Tax Parcel 67. -1 -10.1. The project includes installation of new pumps and controls at the SPH and WFP, as well as upgrades of other related equipment and infrastructure. Two existing water tanks located adjacent to the SPH will also be demolished as part of the project. The project will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell University, Owner /Applicant; Dave Prinzhom P.E., Stearns & Wheler, LLC, Agent. TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARING Tuesday, December 16, 2008 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, December 16, 2008, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:05 P.M. Consideration of Final Site Plan Approval for the proposed Cornell University Plantations Welcome Center located on Comstock Knoll Drive off Plantations Road, Town of Ithaca Tax Parcel No. 67 -1 -6, Low Density Residential Zone. The proposal involves the construction of a 6,000 +/- square foot Welcome Center which will include a visitor lobby, educational exhibit area, flexible classrooms, a seminar room, and other visitor amenities (restrooms, gift shop, etc.). The project will also include a 44 +/- space parking lot and visitor arrival area, new stormwater facilities, a new combined pedestrian pathway and access route to connect the site elements, and new outdoor lighting and landscaping. Cornell University, Owner /Applicant; Christine Carstensen, Agent, 7:15 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Ithaca College Job Hall Electric Services project located on the southwest corner of Job Hall on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1 -30.4, Medium Density Residential Zone. The project involves the removal of the existing concrete utility pad for the construction of a slightly larger heavy -duty concrete utility pad (approximately 12.25' x 60.65') and a +/- 5 foot high brick wall enclosure to screen the existing utilities and a new generator. Ithaca College, Owner /Applicant; Annette R. Marchesseault, RLA, Trowbridge & Wolf, LLP, Agent. 7:30 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell University Water System Improvements project. The project involves the construction of a new 1.5 million gallon concrete water tank located off Hungerford Hill Road on Town of Ithaca Tax Parcel 61. -1 -7.2 and the installation of almost two miles of water line (on numerous Town of Ithaca tax parcels) from the new water tank to an existing pumping station (State Pump House (SPH)) located just north of Route 366 near the Cornell Plantations Arboretum on Town of Ithaca Tax Parcel 65.- 1 -5.2. The new pipeline route will include locations along Hungerford Hill Road, Ellis Hollow Road, Palm Road, Dryden Road (Route 366), and include a crossing under Cascadilla Creek. The new pipeline will also be extended from the SPH to the Cornell Water Filtration Plant (WFP) located off Caldwell Road on Town of Ithaca Tax Parcel 67. -1 -10.1. The project includes installation of new pumps and controls at the SPH and WFP, as well as upgrades of other related equipment and infrastructure. Two existing water tanks located adjacent to the SPH will also be demolished as part of the project. The project will take place within the Town of Ithaca Low Density Residential Zone and Planned Development Zone No. 9. Cornell University, Owner /Applicant; Dave Prinzhom P.E., Stearns & Wheler, LLC, Agent. Said Planning Board will at said time and said place hear all persons in support of such matter or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Jonathan Kanter, AICP Director of Planning 273 -1747 Dated: Monday, December 8, 2008 Publish: Wednesday, December 10, 2008 Wednesday, December 10, 20081 THE ITHACA JOURNAL TOWN OF ITHACA PLANNING BOARD' NOTICE OF' PLJBLIC'HEARING Tuesday December 16, 2008 By direction of the. Chair Person, of the Planning Board, NOTICE IS. HERE- BY GIVEN that . Public' Hearings will be held; by the Planning Board of the Town of Ithaca on.TUes- day, December 1,6, 2008;. at 215 North' Tiogo Street, Ithaca, N.Y., at the follow- ing times and on the fol! low' mofers: 725 P.M. Considera; tion of Final Site Plan. Ap-. proval for the proposed' Cornell University PlaMai l Lions Welcome' Center lo- cated on Comstock Knoll, Drive off Plantations Road, Torvn.of Ithaca Tax- Parcel ll No., 67 -1�, Low;,Density; Residential Zone. The pro= posal involves the construc -: Lion of a 6,000' +/- square foot Welcome.. _ Center which' will 'include a visitor lobby, educational exhibit area, flexible classrooms; ' a seminar room, and other visitor . amenities ( restrooms, gift shop etc). in- clude project will a(so n -I clude • a • 44 . +/ space., parking lot and Visitor. or: rival area, new storinwater.l facilities, a new combined pedestrian pathway avid I .access route to.connect; the I • site elements, and new out- door lighting and .land- scaping. Cornell Universi - yy Owner /Applicant; C6'stine Carstensen; Agent. P . 7:15 P.M. Considera :I tibn of Preliminary and.. Fi- nal Site Plan Approval and Special .Permit for. the pro- posed Ithaca College Job Hall Electric Services proj- ect located on the south= west corner of Job Hall on the Ithaca' College cam- `Pus, Town of Ithaca Tax Parcel No. 41 -1 -30.4, Me- dium'. 'Density Residential Zone.. The project involves the removal of the existing concrete utility pad for the construction of a. slightly largger heavy-duty concrete utiliy Pad (approximately 12:25 x 60.65')` and a +/- 5 foot,high brick wall enclosure to screen the ex- isting ,utilities an&. a new generator. Ithaca College, Owner /Applicant; Annette R: Marchesseault; RLA, Trowbridge: & Wolf, LLP, Aggent: 7:30` P.M. Considera - tion of Preliminary" `&& Fi- nal'Site Plan Appprovdl and Special Permit for the pro- a new 1.3 million gallon concrete .water tank. local- ed' off Hungerford Hill -Road on Town' of Ithaca Tax Parcel 61: -1 -7.2 and the, installation of almost two miles of water line (on'. numerous. Town of Ithaca tax parcels) from the new water tank to an existing Pumping station (State Pump House (SPH)) locat- ed just north of Route. 366 . near the, Cornell Planta- tions Arboretum. on Town of Ithaca Tax Parcel 65A- 5.2.1 1 The new pipeline route will include locations along Hungerford Hill Road, Ellis Hollow Road, Palm Road; Dryden Road (Route 366), and include 'a' crossing' under Cascadilla Creek. The.new pipeline will also be extended from the SPH to the Cornell Wa- ter Filtration Plant WP) lo- cated off . Caldwell Road on Town of Ithaca Tax Par= cel .67. -1- .10.1. ' The proj- ect includes installation, of new pumps and_controls,at the SPH and WFP as'well as upgrades of,o&r relat`' ed equipment and ihfra. structure. 'Two existing wo- ter tanks located adjacent to the SPH will also be de- molished as part of the project. . The, project will take.place, within the Town of Ithaca Low Densitfyy Resi- dential-Zone and`Pfanned Development Zone No.. 9, Cornell University, Qwner /Appplicanh Dove Prinzhorn P. E:, Stearns' & Wheler, LLC, Agent.. Said Planning Board will at said time and: said place hear all. persons . in support of such matter or objections thereto. Per: sons may appear by agent or:.in person.:;' Individuals with visual impairments, hearing` impairments or other 'special needs;; will be' provided 'with. assis- tance as necessary; upon request. Persons desiringg assistance must make such a -request not less than 48 hoots prior to the time of! the public hearing. 1. Jonathan Kanter, AICP 1 Director of Planning 273 -1747 Dated: Monday, December 8, 2008 Publish: Wednesday, December 10, 2008 Town of Ithaca Planning Board 215 North Tioga Street December 16, 2008 7:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You Name LEI O,r,� ,, LA6 U rM arc., Cf ;gkl5 C a� * F i v Es H/A I— I��L �n Address Mc J11u ge�w jr 3 i'7 � n. NiFDh v`L� �Sq M j it M jP�-b A-M S (13 16 D,Avre P R, Q k 0 rc 4 5 - 1�40111 1�7 "UO&C r)/ cz� Q�L �VpreL (L sr Soev(cer C4-7 yNOUI.A /vy 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, December 16, 2008 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tioga Street. Date of Posting: December 8, 2008 Date of Publication: December 10, 2008 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 10`h day of December 2008. Notary Public CONNIE F. CLARK Notary Public, State of New York No.01CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 f0