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HomeMy WebLinkAboutPB Minutes 2009-07-21REGULAR MEETING TOWN OF ITHACA PLANNING BOARD TUESDAY, JULY 21, 2009 215 NORTH TIOGA STREET ITHACA, NEW YORK Board Members Present Rod Howe, Chairperson; Fred Wilcox, Kevin Talty, Jon Bosak, Susan Riha, Ellen Baer, Alternate. Excused Hollis Erb and George Conneman Staff Present Jonathan Kanter, Director of Planning; Bruce Bates, Director of Code Enforcement; Susan Brock, Attorney for the Town; Paulette Terwilliger, Deputy Town Clerk Others Linda Luciano, Manager, South Hill Business Campus; Marci Little and Chris White, Rachel Carson Way Call to Order Chairperson Howe declared the meeting duly opened at 7:02 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 July 13, 2009 and July 15, 2009, 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 July 13, 2009. Persons to be heard None. SEAR Determination and PUBLIC HEARING: Consideration of extending the time period for work to materially commence on the South Hill Business Campus Main Parking Lot protect located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. Pursuant to Section 270 -194 (C) of the Town of Ithaca Code, the site plan approval for this proiect will expire on August 15, 2009 unless work has materially commenced. In accordance with Section 270 -194 (C) of the Town of Ithaca Code, the applicant has requested an extension of the approval from the Town of Ithaca Planning Board. Andy Sciarabba, Owner /Applicant: Linda Luciano, Property Manager, Agent. Linda Luciano, Property Manager gave a brief over view of the project. The remediation and approvals required to complete it have not gone as fast as anticipated. There are no material changes to the original plan, simply a time extension. FILE DATE 08-01-Z.06, Board Members Present Rod Howe, Chairperson; Fred Wilcox, Kevin Talty, Jon Bosak, Susan Riha, Ellen Baer, Alternate. Excused Hollis Erb and George Conneman Staff Present Jonathan Kanter, Director of Planning; Bruce Bates, Director of Code Enforcement; Susan Brock, Attorney for the Town; Paulette Terwilliger, Deputy Town Clerk Others Linda Luciano, Manager, South Hill Business Campus; Marci Little and Chris White, Rachel Carson Way Call to Order Chairperson Howe declared the meeting duly opened at 7:02 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 July 13, 2009 and July 15, 2009, 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 July 13, 2009. Persons to be heard None. SEAR Determination and PUBLIC HEARING: Consideration of extending the time period for work to materially commence on the South Hill Business Campus Main Parking Lot protect located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. Pursuant to Section 270 -194 (C) of the Town of Ithaca Code, the site plan approval for this proiect will expire on August 15, 2009 unless work has materially commenced. In accordance with Section 270 -194 (C) of the Town of Ithaca Code, the applicant has requested an extension of the approval from the Town of Ithaca Planning Board. Andy Sciarabba, Owner /Applicant: Linda Luciano, Property Manager, Agent. Linda Luciano, Property Manager gave a brief over view of the project. The remediation and approvals required to complete it have not gone as fast as anticipated. There are no material changes to the original plan, simply a time extension. PB 7 -21 -2009 Final Pg 2 The Board had no questions for the applicant. Motion made and seconded. ADOPTED RESOLUTION: PB RESOLUTION NO. 2009 — 066 SEAR Time Extension for Site Plan Modification South Hill Business Campus Main Parking Lot Tax Parcel No. 39 -1 -1.2 Town of Ithaca Planning Board, July 21, 2009 Motion made by Susan Riha, seconded by Fred Wilcox. WHEREAS: 1. This action is Consideration of extending the time period for work to materially commence on the South Hill Business Campus Main Parking Lot project, located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. Pursuant to Section 270 -194 (C) of the Town of Ithaca Code, the Site Plan Approval for this project will expire on August 15, 2009 unless work has materially commenced. In accordance with Section 270 - 194 (C) of the Town of Ithaca Code, the applicant has requested an extension of the approval from the Town of Ithaca Planning Board. Andy Sciarabba, Owner /Applicant; Linda Luciano, Property Manager, 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 a time extension for Site Plan Approval, and 3. The Planning Board, on July 21, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part 1, submitted by the applicant, and Part II prepared by Town Planning staff, plans previously submitted by the applicant and entitled "South Hill Business Campus Parking Lot Improvements, Town of Ithaca, Tompkins County, New York," sheet C101, prepared by T.G. Miller, P.C., Engineers & Surveyors, dated July 7, 2006; "Topographic Map, A Portion of Lands of South Hill Business Campus, Danby Road, NYS Route 96B, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C., Engineers & Surveyors, dated May 31, 2006; "South Hill Business Campus Proposed Planting Plan" prepared by T.G. Miller, P.C., Engineers & Surveyors, and Trowbridge and Wolf LLP, dated July 18, 2006; "South Hill Business Campus Proposed Planting Plan - Enlargement," prepared by T.G. Miller, P.C., Engineers & Surveyors, and Trowbridge and Wolf LLP, dated July 18, 2006, 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 time extension; PB 7 -21 -2009 Final Pg 3 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 Act 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: Howe, Bosak, Riha, Talty, Baer and Wilcox Nays: None The motion passed unanimously. Chairperson Howe opened the public hearing at 7:05p.m. There was no one wishing to address the Board at this time. The Board note that the original conditions were referenced in the resolution extending the time. Chairperson Howe closed the public hearing at 7:08 p.m. Motion made and seconded. ADOPTED RESOLUTION: PB RESOLUTION NO> 2009 - 067 Time Extension for Site Plan Modification South Hill Business Campus Main Parking Lot Tax Parcel No. 39 -1 -1.2 Town of Ithaca Planning Board, July 21, 2009 Motion made by Fred Wilcox, seconded by Ellen Baer. WHEREAS: This action is Consideration of extending the time period for work to materially commence on the South Hill Business Campus Main Parking Lot project, located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. Pursuant to Section 270 -194 (C) of the Town of Ithaca Code, the Site Plan Approval for this project will expire on August 15, 2009 unless work has materially commenced. In accordance with Section 270- 194 (C) of the Town of Ithaca Code, the applicant has requested an extension of the approval from the Town of Ithaca Planning Board. Andy Sciarabba, Owner /Applicant; Linda Luciano, Property Manager, 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 July 21, PB 7 -21 -2009 Final Pg 4 2009, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, on July 21, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, plans previously submitted by the applicant and entitled "South Hill Business Campus Parking Lot Improvements, Town of Ithaca, Tompkins County, New York," sheet C101, prepared by T.G. Miller,. P.C., Engineers & Surveyors, dated July 7, 2006; "Topographic Map, A Portion of Lands of South Hill Business Campus, Danby Road, NYS Route 96B, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C., Engineers & Surveyors, dated May 31, 2006; "South Hill Business Campus Proposed Planting Plan" prepared by T.G. Miller, P.C., Engineers & Surveyors, and Trowbridge and Wolf LLP, dated July 18, 2006; "South Hill Business Campus Proposed Planting Plan - Enlargement," prepared by T.G. Miller, P.C., Engineers & Surveyors, and Trowbridge and Wolf LLP, dated July 18, 2006, and other application materials. NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board finds that the imposition of the time limit in Town Code Section 270 -194.0 would create an undue hardship on the applicant, because work could not materially commence in accordance with the final site plan until certain progress was made with environmental testing and remediation on the property, AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby grants an extension for Site Plan Approval for the proposed South Hill Business Campus Main Parking Lot, located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12, as described on the plans previously prepared by the applicant, and other application materials, subject to the following conditions: a. The Site Plan Approval extension for the South Hill Business Campus Main Parking Lot shall expire on August 15, 2011, and b. All other conditions of the original approval, as listed on "P13 Resolution No. 2006- 076," shall remain. A vote on the motion was as follows: Ayes: Howe, Bosak, Riha, Talty, Baer and Wilcox Nays: None PB 7 -21 -2009 Final Pg 5 The motion passed unanimously. Approval of Minutes Approval of minutes of June 30, 2009. Motion made and seconded. ADOPTED RESOLUTION: PB RESOLUTION NO. 2009-068 Minutes of June 31, 2009 Town of Ithaca Planning Board June 30, 2009 MOTION made by Fred Wilcox, seconded by Kevin Talty. WHEREAS: The Town of Ithaca Planning Board has reviewed the draft minutes from June 31, 2009, and NOW THEREFORE BE IT RESOLVED: The Town of Ithaca Planning Board approves the minutes, with corrections; to be the final minutes of the meeting held June 31, 2009. A vote on the motion was as follows: Ayes: Howe, Bosak, Riha, Talty, and Wilcox Nays: None Abstention: Baer The motion passed. Other Business Training opportunities were discussed. SEAR Determination and PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed room addition at 123 Rachel Carson Way. Town of Ithaca Tax Parcel No. 28 -1- 26.82, Planned Development Zone No. 8 (EcoVillage). The proposal involves constructing a +/- 350 square foot, single story room addition on the north side of the existing residence to house a portable spa. EcoVillage at Ithaca. Inc., Owner: Chris White, Applicant. Marci Little and Chris White, applicants, gave an overview of the request. There son has muscular dystrophy and the prescribed treatment is twice -daily in- water, treatments for 15 minute duration. They are proposing to install an "Endless Pool' in an addition on PB.7 -21 -2009 Final Pg 6 the back of their house. They have the appropriate permissions from the EcoVillage Board. Chairperson Howe asked for a brief description of the "Endless Pool" and Ms. Little described it as a portable spa with an adjustable current. Motion made and seconded. Minor change made. ADOPTED RESOLUTION PB RESOLUTION NO. 2009-069 SEOR Preliminary and Final Site Plan Approval Chris White Spa Addition Tax Parcel No. 28.4 -26.82 123 Rachel Carson Way Town of Ithaca Planning Board July 21, 2009 Motion made by Fred Wilcox, seconded by Susan Riha. WHEREAS: This action involves consideration of Preliminary and Final Site Plan Approval for the proposed room addition at 123 Rachel Carson Way, Town of Ithaca Tax Parcel No. 28. -1- 26.82, Planned Development Zone No. 8 (EcoVillage). The project involves constructing a +/- 350 square foot, single story room addition on the north side of the existing residence to house a portable spa. EcoVillage CoHousing Cooperative, Inc., Owner; Chris White, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this environmental review with respect to Site Plan Approval, and 3. The Planning Board, on July 21, 2009, has 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, the plan set entitled "Addition Design . for Chris White and Marcy Little, 123 Rachel Carson Way, Ithaca NY," which includes a General Notes sheet, a project location sheet, and Sheet Numbers 1 through 6, dated May 21, 2009, revised June 8, 2009, 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, PB 7 -21 -2009 Final Pg 7 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: Howe, Bosak, Riha, Talty, Baer and Wilcox Nays: None The motion passed unanimously. Chairperson Howe opened the public hearing at 7:15 p.m, There was no one wishing to address the Board at this time. Board Member Talty asked about the motors and noise and Ms. Little responded that there were two, and the noisier of the two would just be running during her son's therapy sessions and the other was a constant but low level pump for cleanliness etc. Board Member Wilcox noted that the plans were drawn by Rod Lambert and he has been a part of EcoVillage since the beginning so he would be very familiar with the design of the house. Mr. White noted that the plans in front of the Board were not the most recent plans. Discussion followed. Mr. White emphasized that the changes to the plans were cosmetic in nature and added detail. They did not change anything structural, not difference in size, strictly detail. After discussion with the Attorney for the Town, it was decided that the changes were not significant to the Board. Chairperson Howe closed the public hearing at 7:19 p.m. Motion made and seconded. ADOPTED RESOLUTION PB RESOLUTION NO. 2009-70 Preliminary and Final Site Plan Approval Chris White Spa Addition Tax Parcel No. 28.4-26.82 123 Rachel Carson Way Town of Ithaca Planning Board July 21, 2009 Motion made by Kevin Talty, seconded by Jon Bosak. PB 7 -21 -2009 Final Pg 8 WHEREAS: 1. This project involves consideration of Preliminary and- Final- Site Plan Approval for the proposed room addition at 123 Rachel Carson Way, Town of Ithaca Tax Parcel No.. 28. -1- 26.82, Planned Development Zone No. 8 (EcoVillage). The project involves constructing a +/- 350 square foot, single story room addition on the north side of the existing residence to house a portable spa. EcoVillage CoHousing Cooperative, Inc., Owner; Chris White, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in an environmental review with respect to the project has, on July 21, 2009, 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 July 21, 2009, has reviewed and accepted as adequate application materials, including the plan set entitled "Addition Design for Chris White and Marcy Little, 123 Rachel Carson Way, Ithaca NY," which includes a General Notes sheet, a project location sheet, and Sheet. Numbers 1 through 6, dated May 21, 2009, revised June 8, 2009, and other application materials, NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in 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 room addition at 123 Rachel Carson Way, Town of Ithaca Tax Parcel No. 28. -1- 26.82, Planned Development Zone No. 8 (EcoVillage), as described in the plan set entitled "Addition Design for Chris White and Marcy Little, 123 Rachel Carson Way, Ithaca NY," which includes a General Notes sheet, a project location sheet, and Sheet Numbers 1 through 6, dated May 21, 2009, revised June 8, 2009, subject to the following conditions: a. 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, and b. obtaining the necessary building permit from the Code Enforcement Office. PB 7 -21 -2009 Final Pg 9 A vote on the motion was as follows: Ayes: Howe, Bosak, Riha, Talty, Baer and Wilcox Nays: None The motion passed unanimously. Other Business A letter from Cornell University addressed to Chairperson Howe formally requesting that the Board consider the Grounds Facility Improvement Project officially closed with no work done. Mr. Kanter gave added detail, but it was generally a housekeeping letter to officially take the project off the Town's roll. Next meetings agenda was discussed. Chairperson Howe will not be at the next meeting, Vice -Chair Wilcox will chair. Meeting adjourned at 7:29 p.m. Respectf Ily u miffed, Paulette Terwilliger Deputy Town Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, July 21, 2009 _ AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: South Hill Business Campus Parking Lot Extension, 950 Danby Road. 7:05 P.M. PUBLIC HEARING: Consideration of extending the time period for work to materially commence on the South Hill Business Campus Main Parking Lot project located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. Pursuant to Section 270 -194 (C) of the Town of Ithaca Code, the site plan approval for this project will expire on August 15, 2009 unless work has materially commenced. In accordance with Section 270 -194 (C) of the Town of Ithaca Code, the applicant has requested an extension of the approval from the Town of Ithaca Planning Board. Andy Sciarabba, Owner /Applicant; Linda Luciano, Property Manager, Agent. 7:15 P.M. SEQR Determination: EcoVillage — Chris White Spa Addition, 123 Rachel Carson Way. 7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed room addition at 123 Rachel Carson Way, Town of Ithaca Tax Parcel No. 28 -1- 26.82, Planned Development Zone No. 8 (EcoVillage). The proposal involves constructing a +/- 350 square foot, single story room addition on the north side of the existing residence to house a portable spa. EcoVillage at Ithaca, Inc., Owner; Chris White, Applicant. 6. Approval of Minutes: June 30, 2009. 7. Other Business: 8. Adjournment. / Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY SANDY POLCE 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, July 21, 2009 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, July 21, 2009, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:05 P.M. Consideration of extending the time period for work to materially commence on the South Hill Business Campus 'Main Parking Lot project located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 -1.2, Planned Development Zone No. 12. Pursuant to Section 270 -194 (C) of the Town of Ithaca Code, the site plan approval for this project will expire on August 15, 2009 unless work has materially commenced. In accordance with Section 270 -194 (C) of the Town of Ithaca Code, the applicant has requested an extension of the approval from the Town of Ithaca Planning Board. Andy Sciarabba, Owner /Applicant; Linda Luciano, Property Manager, Agent. 7:15 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed room addition at 123 Rachel Carson Way, Town of Ithaca Tax Parcel No. 28 -1- 26.82, Planned Development Zone No. 8 (EcoVillage). The proposal involves constructing a +/- 350 square foot, single story room addition on the north side of the existing residence to house a portable spa. EcoVillage at Ithaca, Inc., Owner; Chris White, Applicant. 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 hearing. Jonathan Kanter, AICP Director of Planning 273 -1747 Dated: Monday, July 13, 2009 Publish: Wednesday, July 15, 2009 Wednesda ",)ujy 1$,20'*- 1: THE ITHACA JOURNAL: 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, July 21, 2009 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tio a Street. Date of Posting: July 13, 2009 Date of Publication: July 15, 2009 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 15`s day of July 2009. Notary Public CONNIE F. CLARK Notary Public, State of New York No. 01CL6052878 Qualified in Tompkins County Commission Expires December 26, 20