HomeMy WebLinkAboutPB Minutes 2009-09-01FILE
DATE
REGULAR MEETING
TOWN OF ITHACA PLANNING BOARD
TUESDAY, SEPTEMBER 1, 2009
215 NORTH TIOGA STREET
ITHACA, NEW YORK
Board Members Present: Rod Howe, Chair; Members: Fred Wilcox, Kevin Talty,
Hollis Erb, George Conneman, Jon Bosak, Susan Riha, and Ellen Baer, Alternate.
Staff Present: Bruce Bates, Director of Code Enforcement; Susan Brock, Attorney for
the Town; Creig Hebdon, Engineer; Jonathan Kanter, Director of Planning; Susan Ritter,
Asst. Director of Planning; Paulette Terwilliger, Deputy Town Clerk
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 August 30, 2009 and August 28 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 August 28, 2009.
Persons to be heard
There was no one wishing to address the Board at this time.
AGENDA ITEM
SEAR Determination and PUBLIC HEARING: Consideration of Preliminary and
Final Subdivision Approval for the proposed 2 -lot subdivision located at 170 and
172 Seven Mile Drive, Town of Ithaca Tax Parcel No.'s 32 -2 -10.1 and 32 -2 -10.3,
Low Density Residential Zone. The proposal involves subdividing off +/- 4.81
acres from the west side of 172 Seven Mile Drive, which will be consolidated with
170 Seven Mile Drive. Carol W. Ridall, Owner; Holly Stevenson, Applicant.
Holly Stevenson appeared before the Board to answer any questions.
Chairman Howe stated that it was a "simple two -lot subdivision" and the Board had a
few questions about why the consolidation was happening. Chairman Howe opened
the public hearing at 7:05 p.m. and there was no one wishing to address the Board so
he closed the public hearing at 7:06 p.m.
PB Draft 9 -1 -2009
Page 2 of 18
ADOPTED RESOLUTION: PB RESOLUTION NO. 2009 — 085 SEOR
Preliminary and Final Subdivision Approval Ridall 2 -Lot Subdivision
170 & 172 Seven Mile Drive Tax Parcel No.'s 32 -2 -10.1 & 32 -2 -10.3
Town of Ithaca Planning Board September 1. 2009
Motion made by Susan Riha, seconded by George Conneman.
WHEREAS:
This is consideration of Preliminary and Final Subdivision Approval for the
proposed 2 -lot subdivision located at 170 and 172 Seven Mile Drive, Town of
Ithaca Tax Parcel No.'s 32 -2 -10.1 and 32 -2 -12.3, Low Density Residential Zone.
The proposal involves subdividing off +/- 4.81 acres from the west side of 172
Seven Mile Drive, which will be consolidated with 170 Seven Mile Drive. Carol
W. Ridall, Owner; Holly Stevenson, Applicant, and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting
as Lead Agency in an environmental review with respect to Subdivision Approval,
and
3. The Planning Board on September 1, 2009, has reviewed and accepted as
adequate a Short Environmental Assessment Form Part I, submitted by the
applicant, and Part II prepared by the Town Planning staff, a survey map entitled
"Resurvey of Parcel "B" for Carol W. Ridall" dated 11/21/2008 and amended
8/4/2009, prepared by Reagan Land Surveying, and other application materials,
and
4. The Town planning staff has recommended a negative determination of
environmental significance with respect to the proposed Subdivision Approval,
NOW THEREFORE BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental
Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality
Review for the above referenced action 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, Conneman, Bosak, Riha, Talty, Erb and Wilcox
Nays: None
The motion passed unanimously.
PB Draft 9 -1 -2009
Page 3 of 18
ADOPTED RESOLUTION: PB RESOLUTION NO 2009 - 086
Preliminary and Final Subdivision Approval Ridall 2 -Lot Subdivision
170 & 172 Seven Mile Drive Tax Parcel No.'s 32 -2 -10.1 & 32 -2 -10.3
Town of Ithaca Planning Board September 1. 2009
Motion made by Kevin Talty, seconded by Hollis Erb.
WHEREAS:
1. This is consideration of Preliminary and Final Subdivision Approval for the
proposed 2 -lot subdivision located at 170 and 172 Seven Mile Drive, Town of
Ithaca Tax Parcel No.'s 32 -2 -10.1 and 32 -2 -12.3, Low Density Residential Zone.
The proposal involves subdividing off +/- 4.81 acres from the west side of 172
Seven Mile Drive, which will be consolidated with 170 Seven Mile Drive. Carol
W. Ridall, Owner; Holly Stevenson, Applicant, and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as
lead agency in environmental review with respect to Subdivision Approval, has
on September 1, 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 Part II
prepared by the Town Planning staff, and
3. The Planning Board on September 1, 2009, has reviewed and accepted as
adequate a Short Environmental Assessment Form Part I, submitted by the
applicant, and Part II prepared by the Town Planning staff, a survey map entitled
"Resurvey of Parcel "B" for Carol W. Ridall" dated 11/21/2008 and amended
8/4/2009, prepared by Reagan Land Surveying, and other application materials,
NOW THEREFORE BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain requirements for
Preliminary and Final Subdivision Approval, as shown on the Preliminary and
Final Subdivision Checklists, having determined from the materials presented
that such waiver will result in neither a significant alteration of the purpose of
subdivision control nor the policies enunciated or implied by the Town Board, and
2. That the Planning Board hereby grants Preliminary and Final Subdivision
Approval for the proposed two -lot subdivision located at 170 and 172 Seven Mile
Drive, as shown on the survey map titled "Resurvey of Parcel "B" for Carol W.
Ridall" dated 11/21/2008 and amended 8/4/2009, prepared by Reagan Land
Surveying, subject to the following conditions:
a. submission for signing by the Chairman of the Planning Board of an
original or mylar copy of the final subdivision plat, and three dark -lined
PB Draft 9 -1 -2009
Page 4 of 18
prints, prior to filing with the Tompkins County Clerk's Office, and
submission of a receipt of filing to the Town of Ithaca Planning
Department, and
b. within six months of this approval, consolidation of the +/- 4.81 acre parcel
with Tax Parcel No. 32 -2 -10.1, and evidence of such consolidation to be
submitted to the Town of Ithaca Planning Department.
A vote on the motion was as follows:
Ayes: Howe, Conneman, Bosak, Riha, Talty, Erb and Wilcox
Nays: None
The motion passed unanimously.
AGENDA ITEM
SEOR Determination and PUBLIC HEARING: Consideration of Preliminary and
Final Site Plan Approval for the proposed modifications to the Lakeside Nursing
Home located at 1229 -31 Trumansburg Road, Town of Ithaca Tax Parcel No. 26-4-
46.1, Medium Density Residential Zone. The proposal Involves a change in
use /occupancy to convert a portion of the Nursing Home to an Assisted Living
Program and Adult Day Care facility. The project also involves exterior
modifications including new entry-way canopies, the relocation of the loading
dock to the back of the building, new landscaping, and re- paving and adding
additional parking. Lakeside Nursing Home, Inc., Owner; Mark Farchione, LNH
Operating Co., LLC, Applicant; Kristin E. Gutenberger, Agent.
Kristen Gutenberger, Agent; Mark Farchione, Receive r/Pe regi ne and Andy
Sciarrbba, TG Miller were present to answer the Board's questions.
Ms. Gutenberger summarized the proposal. Basically the Nursing Home is under
Receivership and going through bankruptcy and there are some variances that were
received years ago under different zones and now they would like to make everything
clear and legal.
Mr. Sciarabba gave an overview of the landscaping details. He stated that they had
submitted a revised SWPPP to Mr. Hebdon.
Board Member Wilcox had questions and concerns about parking. During his site visit
there were cars parked in fire lanes and on the circle causing safety issues. He
suggested that the no parking areas be clearly marked with striping and/or signage.
Discussion followed and the applicant agreed with the idea. Board Member Wilcox also
noted that the building identified on the submissions as "shed" is actually on the
neighbors property (Holochuck Homes). The applicant stated that it can be moved and
was there because the pavement ended right there. Just an error in placement and will
be rectified.
PB Draft 9 -1 -2009
Page 5 of 18
Board Member Talty also did a site visit and was concerned about tractor trailers
making deliveries to the new dock location and their ability to turn around. The
applicant stated that the turnaround is measured and the standard width. Discussion
followed. The applicant noted that the topography is tough for deliveries at the current
location and the lesser of two evils will be the new location because the trailers will not
have to stop on such a steep incline.
There was a lot of discussion about the fence that was erected by the neighbors and is
actually on Lakeside's property and over 7 feet tall. The applicant and neighbor have
met and are hopeful they can work out an agreement.
Board Member Erb asked about truck loads going in or out and the agent replied that
the work was mostly rearranging fill on the existing site. She also added that she
appreciated the handicap access and parking spaces being moved from the front. She
had a question about the number of parking spaces and the removal of trees and
discussion followed. The applicant stated that a couple of trees would be coming down.
Board Member Erb noted that the house was on Lakeside property and the applicant
noted that that is an existing, long -term easement that does not include the driveway or
the fence and again stated that they were working with the neighbors towards and
agreement. He noted that the placement of the fence impacted the trees because of
their size and as it stands, the neighbors captured the trees when they placed the fence
where they did. He stated that the neighbors have asked them if they were going to be
forced to move the fence, and Lakeside representatives have not answered them and
they are working on an agreement. The Lakeside representatives have suggested
leaving it and adding landscaping.
Board Member Talty was concerned about a 40 -foot trailer he observed recklessly
driving on the lot. He was concerned about the turn - around radius. The applicant
stated that they had measured it by a program designed for assuring turn - around radii
and it is sufficient although he admitted that it did not take into account snow. He also
noticed cars parked where they shouldn't be and was concerned about truck traffic
patterns and speed as well as the times of delivery to the service area to cut down on
the risks as well as early morning deliveries that would or could upset the neighbors.
The applicant responded that that is a problem and they have tried to deal with it in-
house which was actually the impetus for moving the service area to the back instead of
the middle. Operationally it is a big problem for them but they've done it for safety and
aesthetics.
Board Member Talty was also concerned about line -of -sight issues and the applicant
assured him that they were set back enough that it was adequate, the plantings will be
at least 30 -feet off the road.
PB Draft 9 -1 -2009
Page 6 of 18
Ms. Gutenberg suggested that they reduce the berm to accommodate the neighbors
concerns about the fence and access to their yard. Discussion followed. Chairman
Howe deferred details to after the public hearing.
Board Member Riha asked about impervious surfaces and whether the stormwater
runoff system is sufficient. Mr. Sciarraba stated that the piping system already in place
will be improved in some places but they were under the threshold levels for what is in
place. Mr. Hebdon agreed and added that he had received a revised SWPPP from
them.
Board Member Conneman was concerned about oversight and Mr. Bates explained that
Codes would be watching for building requirements and Planning would be watching
that they meet all requirements and that they would not receive a Certificate of
Occupancy without being inspected by both departments.
Board Member Wilcox noted for the record that Betty Falco, as Director of the Health
Planning Council, a program of the Human Services Coalition, had submitted letters in
support of Lakeside and he reminded the Board that he has a personal relationship with
Ms. Falco but did not feel that that relationship would effect his decision making.
SEQR motion was moved and seconded. Minor changes were made.
ADOPTED RESOLUTION: 139 RESOLUTION NO 2009 — 087 SEAR
Preliminary & Final Site Plan Lakeside Nursing Home — Redevelopment Protect
Tax Parcel No. 26.- 4-46.1 Town of Ithaca Planning Board September 1. 2009
Motion made by Fred Wilcox, seconded by Hollis Erb.
WHEREAS:
1. This action is consideration of Preliminary and Final Site Plan for modifications to
the Lakeside Nursing Home located at 1229 Trumansburg Road, Tax Parcel No.
26. -4 -46.1 Medium Density Residential Zone. The proposal involves a change in
use /occupancy to convert a portion of the Nursing Home to an Assisted Living
Program and Adult Day Care facility. In addition to interior changes, the project
also involves exterior modifications including installation of entry-way canopies,
relocation of the loading dock to the back of the building, new landscaping,
additional parking at the front of the building and re- paving and improved
organization of the existing parking areas. Lakeside Nursing Home, Inc, Owner;
Mark Farchione, LNH Operating Co., LLC, Applicant; Kristin E. Gutenberger,
Agent, and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting
in an uncoordinated environmental review with respect to Site Plan Approval, and
PB Draft 9 -1 -2009
Page 7 of 18
3. The Planning Board, on September 1, 2009 has reviewed and accepted as
adequate a Short Environmental Assessment Form Part I, submitted by the
applicant, and Part II prepared by the Town Planning staff, drawings entitled
"Existing Condition Plan" (10171), "Erosion and Sediment Control Plan" (C101),
"Layout and Lighting Plan" (C102), "Grading and Drainage Plan" (C103), "Utility
Plan" (C104), "Landscape Plan" (C105), all dated 8/5/09 and prepared by T.G
Miller P.0 and Architecteam, and drawings titled "Nursing Proposed Ground
Level Floor Plan" (C2), "Nursing Proposed First Level Floor Plan" (C3), "Nursing
Proposed Second Level Floor Plan" (C4), "Adult Home Proposed Third Level
Floor Plan" (C5), and "Adult Home Proposed Fourth Level Floor Plan" (C6) all
dated 2/6/09 and prepared by Architecteam, 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 for
the proposed project modifications.
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 11, and, therefore, a Draft
Environmental Impact Statement will not be required.
A vote on the motion was as follows:
Ayes: Howe, Conneman, Bosak, Riha, Talty, Erb and Wilcox
Nays: None
The motion passed unanimously.
Chairman Howe opened the public hearing at 7:47p.m.
The neighbors who built the fence and submitted a letter with concerns addressed the
Board and went over their letter item by item.
The neighbor stated that the fence is approximately 7 feet over the property line and the
agreement about the property line dealing with the part of the garage and walkway that
are over the line is actually from 1978 and she believes the trees are hers.
She thanked the Board and Lakeside for taking her suggestions and concerns seriously.
She was confused about the size of the plantings, having heard everything from 4 feet
PB Draft 9 -1 -2009
Page 8 of 18
to 8 feet tall. She was also confused about whether it was a berm or plantings being
proposed for the area parallel to Rte 96 which would address her line -of -sight concerns.
She then discussed the gate and the location of the berm on the side of her house that
is adjacent to Lakeside. The gate and access lane is used for propane deliveries and
such. The tanks are not on Lakeside's property, just the gates when they are open.
Discussion followed on what exactly the easement or agreement is for access at that
point.
She had concerns about security if there is going to be dense plantings because she
has had issues before and she is concerned about parking which occurs on her
property even though both she and the Home have put up no- parking signs.
She also wanted to know the timeline for construction and noise coming from that.
They have a big problem with garbage pick -up happening before 7:30 am and Mr. Bates
told them they have the right to contact the Sheriff's Office because of the Town's Noise
Ordinance and they said they have many times and they do not do anything.
The applicants came back up to answer questions. Ms. Gutenberg said that there is no
access agreement that she is aware of. There is an easement for the garage that may
or may not include the driveway, but there is no access agreement to go onto Lakeside
property to access the backyard.
Board Member Erb suggested that an agreement be worked out for the use of the gate
and Lakeside allowing the neighbors to access their backyard through Lakeside's
driveway. The Lakeside representatives stated for the record that they were amenable
to working that out; leaving the fence and giving access to the neighbor through their
property.
Discussion followed about whether something needed to be added to the resolution.
The applicant suggested that the berm and plantings be reduced and/or eliminated to
allow such access. Discussion followed.
To answer the timeframe, the applicant said the exterior work would not begin until next
spring/summer that will probably last 3 -5 months. The interior work will take 12 -18
months. Mr. Bates noted that the Noise ordinance addresses construction noises.
Chairman Howe closed the public hearing at 8:21 p.m.
Resolution was moved and seconded.
Changes were made to the resolution to incorporate the changes to the berm and the
parking lot advisories.
PB Draft 9 -1 -2009
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ADOPTED RESOLUTION: PB RESOLUTION NO 2009 — 088 Preliminary and Final_
Site Plan . Lakeside Nursing Home — Redevelopment Protect Tax Parcel No.
26.4-46.1 Town of Ithaca Planning Board, September 1. 2009
Motion made by Hollis Erb, seconded by George Conneman.
WHEREAS:
1. This action is consideration of Preliminary and Final Site Plan for modifications to
the Lakeside Nursing Home located at 1229 Trumansburg Road, Tax Parcel No.
26. -4 -46.1, Medium Density Residential Zone. The proposal involves a change in
use /occupancy to convert a portion of the Nursing Home to an Assisted Living
Program and Adult Day Care facility. In addition to interior changes, the project
also involves exterior modifications including installation of entry-way canopies,
relocation of the loading dock to the back of the building, new landscaping,
additional parking at the front of the building and re- paving and improved
organization of the existing parking areas. Lakeside Nursing Home, Inc, Owner;
Mark Farchione, LNH Operating Co., LLC, Applicant; Kristin E. Gutenberger,
Agent, and
2. The Town of Ithaca Zoning Board of Appeals on August 25, 2009 granted
variances to allow the proposed redevelopment and conversion of use of the
Lakeside Nursing Home facility for an adult day -care program, assisted living
program, and nursing home, as proposed by Lakeside Nursing Home, Inc., and
3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in
an uncoordinated environmental review with respect to the project has, on
September 1, 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
4. The Planning Board on September 1, 2009 has reviewed and accepted as
adequate a Short Environmental Assessment Form Part I, submitted by the
applicant, and Part II prepared by the Town Planning staff, and drawings entitled
"Existing Condition Plan" (10171), "Erosion and Sediment Control Plan" (C101),
"Layout and Lighting Plan" (C102), "Grading and Drainage Plan" (C103), "Utility
Plan" (C104), "Landscape Plan" (C105), all dated 8/5/09 and prepared by T.G
Miller P.0 and Architecteam and drawings titled "Nursing Proposed Ground
Level Floor Plan" (C2), "Nursing Proposed First Level Floor Plan" (C3), "Nursing
Proposed Second Level Floor Plan" (C4), "Adult Home Proposed Third Level
Floor Plan" (C5), and "Adult Home Proposed Fourth Level Floor Plan" (C6) all
dated 2/6/09 and prepared by Architecteam and other application materials, and
NOW THEREFORE BE IT RESOLVED:
PB Draft 9 -1 -2009
Page 10 of 18
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 modifications to the Lakeside Nursing Home, as
shown on the drawings entitled "Existing Condition Plan" (10F1), "Erosion and
Sediment Control Plan" (C101), "Layout and Lighting Plan" (C102), Grading and
Drainage Plan (C103), "Utility Plan" (C104), Landscape Plan (C105), all dated
8/5/09 and prepared by T.G Miller P.0 and Architecteam and drawings titled
"Nursing Proposed Ground Level Floor Plan" (C2), "Nursing Proposed First Level
Floor Plan" (C3), "Nursing Proposed Second Level Floor Plan" (C4), "Adult Home
Proposed Third Level Floor Plan" (C5), and "Adult Home Proposed Fourth Level
Floor Plan" (C6) all dated 2/6/09 and prepared by Architecteam and other
application materials subject to the following conditions:
a. submission of one original set of the final site plan drawings on mylar, vellum,
or paper, signed and sealed by the registered land surveyor(s), engineer(s),
architect(s), or landscape architect(s) who prepared the site plan materials, to
be retained by the Town, prior to issuance of a building permit, and
b. no additional parking which utilizes impervious materials shall be permitted
beyond what is currently proposed in this site plan modification plan, without
implementation of stormwater management techniques to address water
quality and quantity controls, and
c. submission of revised drawings showing the location of the southeast
neighbor's fence and eliminating the berm that was proposed to begin at the
northeast corner of the neighbor's house and extend eastward, and
d. submission of a revised landscaping plan for the area of the eliminated berm,
subject to the approval of the Director of Planning, showing a mix of trees,
shrubs and grasses that soften the view of the fence from the Lakeside
facility, and
e. submission of a revised Sheet C102 showing parking lot stripings and other
markings to delineate where no parking is allowed in the vicinity of the
southeast corner of the building and showing the relocated shed that is
currently located just off the northeastern boundary of the Lakeside property,
(shed may be replaced with one of similar size in the new location)
AND BE IT FURTHER RESOLVED:
PB Draft 9 -1 -2009
Page 11 of 18
1. That the Town of Ithaca Planning Board hereby authorizes a reduction in the
number of required parking spaces, pursuant to Sec. 270 -227 of the Code of
the Town of Ithaca, from the +/- 95 parking spaces required in Section 270-
227, to 78 parking spaces, finding that such reduction will not adversely affect
traffic flow on the project site, will leave adequate parking for all the
reasonably anticipated uses in the project, and will not otherwise adversely
affect the general welfare of the community, and
2. That the Town of Ithaca Planning Board hereby waives the conditions relating
to the reduction in parking spaces outlined in Section 270 -227 (A) (3) of the
Code of the Town of Ithaca.
A vote on the motion was as follows:
Ayes: Howe, Conneman, Bosak, Riha, Talty, Erb and Wilcox
Nays: None
The motion passed unanimously.
PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed
Verizon Wireless Telecommunications Facility 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 supporting tower and
wireless communications antennas, a 11' -6" x 30' equipment shelter installed on
a 20' x 38' elevated platform, and a new 12' wide gravel access drive. Donn K.
Carroll, Owner; Upstate Cellular Network d/b /a Verizon Wireless, Applicant; Jared
C. Lusk, Nixon Peabody, LLP, Agent.
Jared Lusk, Attorney, was present to answer the Board's question and he gave an
overview of the project's progress through the various approvals. Mr. Lusk then went
over the requirements listed by the Board at preliminary site plan approval needed prior
to final site plan approval. Mr. Lusk went over the landscape plan and described the
location and tree preservation plan that was developed during the site visit with Staff.
The trees in area 5 of the tree preservation plan were determined to be ineffectual and
the plan was revised to remove area 5 and to add trees in the vacant areas.
Chairman Howe opened the public hearing at 9:03 p.m. There were no members of the
public present. The public hearing was closed.
Chairman Howe turned to the Board for questions.
Mr. Bosak stated that he had seen different towers recently and he preferred the grey
now that he has seen different colors. He then turned to the easement agreement and
did not like the soft wording in it regarding the trees. Mr. Lusk stated that they were
simply trying to accommodate Mr. Carroll because he had stated to both them and the
PB Draft 9 -1 -2009
Page 12 of 18
Board that at some point in the future he may want to build something in the area and
the intent is clear from the Board. Board Member Erb noted that any construction plans
had to be approved by the Director of Planning. Board Member Bosak pointed out other
areas where the wording was not concrete enough. He had no issue with the intent,
just the wording. Discussion followed and Ms. Brock noted that she had wording to add
to the resolution to require the replacement of any trees that fell naturally or through
disease with other similar trees. The Board was satisfied with the wording and intent of
the easement.
Ms. Brock noted that a portion of the tree preservation plan showed an area not under
Mr. Lusk and Mr. Carroll's control and other boxes showed Town owned land.
Discussion followed. There was extensive conversation about the different boxes, or
areas indicated on the tree preservation plan. It was eventually determined that the
preservation plan would be changed to the right side of the property delineated by a line
drawn tangent to the radius arc of the fall zone and the spot on the boundary that
changes direction.
The different areas indicated on the tree preservation were discussed in detail. Board
member Riha noted that new trees will grow naturally also. Mr. Carroll noted that he
enjoys his trees and has no intention of cutting any more trees but he had a major issue
with more of his property being taken out of his control. Ms. Brock responded that the
plan submitted by him and the applicant shows areas not under their control and the
preliminary approval and subsequent final approval was predicated on the screening of
the tower by tall trees and that is what the preservation plan is supposed to accomplish.
She added that he was being compensated while his neighbors were not. Mr. Carroll
reiterated that he had no plans to cut any unnecessary trees.
Mr. Lusk noted that the trees the Board seems to want to save are in the dashed line
which indicates the fall zone. Mr. Carroll suggested that if that area was sectioned off,
he would make that a no -cut zone with the planting along the north line to remain. The
Board then discussed the possibility of concentrating the trees and the no cut zone in
that area and determine if that+ would be sufficient. Mr. Carroll stated that that would
make it much simpler and cleaner for him. Would that provide the proper screening?
The Board decided that it would with a couple of other trees not in the circle singled out
for preservation.
The resolution was made and seconded.
Changes were made to the resolution to accurately capture the intent and tone of the
conversation regarding the tree preservation. The clear intent of the Board is to keep as
many existing trees as absolutely possible and have the applicant responsible for
replacing any trees that are removed and to shield the base of the tree and the area in
and around the fall zone. The no cutting zones on the Carroll property stay in effect.
The changes to the resolution capture the deleting of the areas not under their control
and change the larger zone to the right on the plan to make it all encompassing and
easier to define. Again, changes and plantings and future issues will require approval
from the Director of Planning.
PB Draft 9 -1 -2009
Page 13 of 18
ADOPTED RESOLUTION: PB RESOLUTION NO. 2009 — 089
Final Site Plan Approval Verizon Wireless Telecommunications Tower
651 Five Mile Drive Tax Parcel No. 31 -2 -25.2 Town of Ithaca Planning Board
September 1, 2009
Motion made by Kevin Talty, seconded by Fred Wilcox.
WHEREAS:
1. This action is Consideration of Final Site Plan Approval for the proposed Verizon
Wireless Telecommunications Facility 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 supporting tower and wireless
communications antennas, a 11' -6" x 30' equipment shelter installed on a 20' x
38' elevated platform, and a new 12' wide gravel access drive. Donn K. Carroll,
Owner; Upstate Cellular Network d/b /a Verizon Wireless, Applicant; Jared C.
Lusk, Nixon Peabody, LLP, Agent, and
2. The Planning Board, on December 16, 2008, reviewed a Sketch Plan for the
proposal and recommended the submission of additional materials, and
3. The Planning Board, on March 3, 2009, reviewed Preliminary & Final Site Plans
for the proposal and recommended the submission of additional materials, and
4. The Planning Board, on March 24, 2009, reviewed Preliminary & Final Site Plans
for the proposal and recommended the submission of additional materials, and
5. The Planning Board, on April 7th, 2009, in the "other business" portion of the
meeting, decided to hire an independent consultant to analyze the proposed
Verizon telecommunications tower application and radiofrequency data provided
by Verizon, pursuant to Section 270 -219 -K of Town Code, and
6. The Planning Board, on April 21St, 2009, reviewed a Request For Qualifications
(RFQ), prepared by staff, for obtaining the services of an independent
telecommunications consultant, and further set up a Consultant Selection
Committee, consisting of two Planning Board members and two Planning staff
members, to review any Statements of Qualifications received from consultants,
and
7. The Planning Board, on May 5th, 2009, after receiving a verbal report and
recommendation from the Consultant Selection Committee, authorized the hiring
of William P. Johnson as the independent telecommunications consultant, and
8. The Planning Board, on June 16th, 2009, reviewed a preliminary report provided
by Mr. Johnson regarding the Verizon tower proposal and recommended further
PB Draft 9 -1 -2009
Page 14 of 18
study based on the submission of new information by Verizon at the meeting,
and
9. This is an Unlisted Action for which the Planning Board, on July 7th, 2009, acting
as lead agency in an uncoordinated environmental review, after reviewing a final
report provided by Mr. Johnson and after having reviewed and accepted as
adequate a Full Environmental Assessment Form Part I, submitted and prepared
by the applicant, and Part II and Visual Addendum prepared by staff, made a
negative determination of environmental significance, and
10. The Planning Board, on July 7, 2009, did grant Preliminary Site Plan Approval
and Special Permit for the proposed project described above, and
11. The Town of Ithaca Zoning Board of Appeals, on August 25, 2009, granted a
height variance and a variance from the fall zone requirements for the proposed
tower, and
12. The Planning Board, at Public Hearings held on March 3, March 24, April
21,2009, and July 7, 2009, reviewed and accepted as adequate: materials
previously provided for the December 16, 2008 Planning Board meeting,
including a memo from the applicant dated November 14, 2008 with project
details in tabs A through P; additional information provided at the December 16th
meeting, including another memo from the applicant and additional project details
in tabs Q through S; a memo and packet dated February 3, 2009, submitted by
the applicant and containing the additional information requested by the Planning
Board in tabs T through X; a memo and packet dated February 25, 2009,
distributed to the Planning Board by the applicant at the March 3, 2009 Planning
Board meeting and containing additional information requested by staff in Tab Y;
a memo and packet dated March 24, 2009, distributed to the Planning Board by
the applicant at the March 24, 2009 Planning Board meeting and containing
additional information requested by the Board in Tabs Z through FF; a packet
dated April 14, 2009, containing additional information in Tabs GG -II; a memo
and packet dated April 28, 2009, distributed at the May 5, 2009 Planning Board
meeting and containing information Tab JJ; a document titled " Verizon Wireless'
Response to Professor Johnson's Report," dated June 9, 2009, distributed at the
June 16th, 2009 Planning Board meeting, Professor Johnson's report dated June
30, 2009 and responses from Verizon dated July 1, 2009 including a cover letter
and Tabs KK, LL, MM, and NN, and other application materials, and
13. The Planning Board, at a public hearing held on September 1, 2009, has
reviewed and accepted as adequate additional application materials, including
tabs 00 through SS, revised Sheets Z -1 through Z -3, containing site details,
landscaping and tree preservation information, prepared by Costich Engineering
and dated 8/11/09, and revised Sheet Z -4, containing monopole and tree planting
details, prepared by Costich Engineering and dated 7/28/09, and other
application materials,
PB Draft 9 -1 -2009
Page 15 of 18
NOW THEREFORE BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby grants Final Site Plan Approval
for the construction of the proposed Verizon Wireless telecommunications tower
and related facilities located at 651 Five Mile Drive, Town of Ithaca Tax Parcel
No. 31 -2- 25.2., as shown on the above - referenced plans and materials, subject
to the following conditions:
a. Submission of one original set of the final site plan drawings, Sheets Z -1
through Z -4, on mylar, vellum, or paper, signed and sealed by the
registered land surveyor(s), engineer(s), architect(s), or landscape
architect(s) who prepared the materials, prior to issuance of any building
permit, and
b. The tower shall be constructed of galvanized steel as a monopole, with no
microwave dishes, and
C. The tower shall not be artificially lighted or marked beyond the
requirements of the Federal Aviation Administration, and
d. Review and approval by the Attorney for the Town of the form and
substance of the easement agreement regarding no tree cutting, planting,
and setback provisions associated with the proposed telecommunications
facility, prior to issuance of any building permit, and
e. Submission, as part of the building permit application, of final detailed
tower design and foundation plans, signed and sealed by a licensed
engineer, for review and approval of the Director of Code Enforcement,
and
f. Submission by the applicant of a financial security bond in the amount of
$50,000 prior to issuance of any building permit for the
telecommunications facility in accordance with Section 270 -2191 (1) & (2)
of the Town of Ithaca Code, in a form acceptable to the Attorney for the
Town, Director of Code Enforcement and Director of Planning, and with
the Town of Ithaca as the assignee, to ensure the removal of all
components of the telecommunications facility and restoration of the
affected property if the facility becomes technologically obsolete or ceases
to perform its originally intended function for more than 12 consecutive
months, and
PB Draft 9 -1 -2009
Page 16 of 18
g. Any disease, damaged, or fallen trees within the no- cutting area shall be
replaced with similar, non - invasive species with minimum 4" diameter at
breast height, and
h. Submission of a revised Sheet Z3, "Zoning Tree Planting and Preservation
Plan ", subject to the approval of the Director of Planning, showing:
1. trees to be preserved and no- cutting zones on Mr. Carroll's property
only (not on adjacent properties)
2. showing additional trees to be planted in the southern portions of Box 1
& 3, and
3. Expanding the no- cutting zone to include all of the area shown within
the setback easement as well as all of the area to the east of the
following: extending between Point A (the point of intersection of the
northern property boundary with the tangent to the western -most arc of
the setback easement) and Point B (the southern most point on the
south boundary line where it changes direction, and
4. showing trees within the no cutting zone which are identified on Sheet
Z3 dated 8/11/2009 as those designated to be cut.
A vote on the motion was as follows:
Ayes: Howe, Bosak, Riha, Talty, Erb, Wilcox and Baer.
Nays: None
Abstention: Conneman
The motion passed.
Approval of Minutes: August 4, 2009 and August 18, 2009.
ADOPTED RESOLUTION PB RESOLUTION NO. 2009 — 090
Minutes of August 4.2009 Planning Board September 1. 2009
Motion made by Susan Riha, seconded by Kevin Talty.
WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes
from the meeting on August 4, 2009,
Now, therefore, be it
RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with
corrections, to be the final minutes of the meetings on August 4, 2009.
A vote on the motion was as follows:
Ayes: Howe, Conneman, Bosak, Riha, Talty, Erb and Wilcox
PB Draft 9 -1 -2009
Page 17 of 18
Nays: None
The motion passed unanimously.
ADOPTED RESOLUTION PB RESOLUTION NO. 2009 — 091
Minutes of Auqust 18.2009 Planning Board September 1. 2009
Motion made by Susan Riha, seconded by Kevin Talty.
WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes
from the meeting on August 18, 2009,
Now, therefore, be it
RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with
corrections, to be the final minutes of the meetings on August 18, 2009.
A vote on the motion was as follows:
Ayes: Howe, Conneman, Riha, Talty, Erb and Wilcox
Nays: None
Abstention: Bosak
The motion passed.
Other Business:
Board Member Bosak wanted to postpone his request to discuss meeting minutes and
what was really required and needed.
Discussion regarding rental properties in the Town of Ithaca and occupancy violations.
Chairman Howe asked Board Members to think about the issue and how it can be
addressed. He suggested public education and Code enforcement to try and track how
many complaints come in. He also noted that the Fall newsletter is going to remind
people about the code's regulations on occupancy levels. Mr. Bates explained how
hard it is to prove occupancy levels.
Next Agenda was discussed.
Board Member Erb gave an update on the Comprehensive Plan Committee
Adjournment.
Meeting was adjourned at 9:56p.m.
PB Draft 9 -1 -2009
Page 18 of 18
Respe u y submitted,
Paulette Terwilliger
Deputy Town Clerk
TOWN OF ITHACA PLANNING BOARD
215 North Tioga Street
Ithaca, New York 14850
Tuesday, September 1, 2009
AGENDA
7:00 P.M. Persons to be heard (no more than five minutes).
7:05 P.M. SEQR Determination: Ridall 2 -Lot Subdivision, 170 Seven Mile Drive.
7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the
proposed 2 -lot subdivision located at 170 and 172 Seven Mile Drive, Town of Ithaca Tax Parcel
No.'s 32 -2 -10.1 and 32 -2 -10.3, Low Density Residential Zone. The proposal involves
subdividing off +/- 4.81 acres from the west side of 172 Seven Mile Drive, which will be
consolidated with 170 Seven Mile Drive. Carol W. Ridall, Owner; Holly Stevenson, Applicant.
7:15 P.M. SEQR Determination: Lakeside Nursing Home Modifications, 1229 -31 Trumansburg Rd.
7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the
proposed modifications to the Lakeside Nursing Home located at 1229 -31 Trumansburg Road,
Town of Ithaca Tax Parcel No. 26 -4 -46.1, Medium Density Residential Zone. The proposal
involves a change in use /occupancy to convert a portion of the Nursing Home to an Assisted
Living Program and Adult Day Care facility. The project also involves exterior modifications
including new entry-way canopies, the relocation of the loading dock to the back of the
building, new landscaping, and re- paving and adding additional parking. Lakeside Nursing
Home, Inc., Owner; Mark Farchione, LNH Operating Co., LLC, Applicant; Kristin E.
Gutenberger, Agent.
7:30 P.M. PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed Verizon
Wireless Telecommunications Facility 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 supporting tower and wireless communications antennas, a 11' -6" x 30'
equipment shelter installed on a 20' x 38' elevated platform, and a new 12' wide gravel access
drive. Donn K. Carroll, Owner; Upstate Cellular Network d/b /a Verizon Wireless, Applicant;
Jared C. Lusk, Nixon Peabody, LLP, Agent.
7. Approval of Minutes: August 4, 2009 and August 18, 2009.
8. Other Business:
- Discussion regarding Planning Board meeting minutes.
- Discussion regarding rental properties in the Town of Ithaca.
9. 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, September 1, 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, September 1, 2009, at 215 North Tioga Street, Ithaca,
N.Y., at the following times and on the following matters:
7:05 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision
located at 170 and 172 Seven Mile Drive, Town of Ithaca Tax Parcel No.'s 32 -2 -10.1 and 32 -2-
10.3, Low Density Residential Zone. The proposal involves subdividing off +/- 4.81 acres from
the west side of 172 Seven Mile Drive, which will be consolidated with 170 Seven Mile Drive.
Carol W. Ridall, Owner; Holly Stevenson, Applicant.
7:15 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed modifications to the
Lakeside Nursing Home located at 1229 -31 Trumansburg Road, Town of Ithaca Tax Parcel No.
26 -4 -46.1, Medium Density Residential Zone. The proposal involves a change in
use /occupancy to convert a portion of the Nursing Home to an Assisted Living Program and
Adult Day Care facility. The project also involves exterior modifications including new entry-
way canopies, the relocation of the loading dock to the back of the building, new landscaping,
and re- paving and adding additional parking. Lakeside Nursing Home, Inc., Owner; Mark
Farchione, LNH Operating Co., LLC, Applicant; Kristin E. Gutenberger, Agent.
7:30 P.M. Consideration of Final Site Plan Approval for the proposed Verizon Wireless
Telecommunications Facility 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 supporting tower and wireless communications antennas, a 11' -6" x 30' equipment shelter
installed on a 20' x 38' elevated platform, and a new 12' wide gravel access drive. Donn K.
Carroll, Owner; Upstate Cellular Network d/b /a Verizon Wireless, Applicant; Jared C. Lusk,
Nixon Peabody, LLP, Agent.
Said Planning Board will at said times and said place hear all persons in support of such matters or objections
thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or
other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must
make such a request not less than 48 hours prior to the time of the public hearing.
Jonathan Kanter, AICP
Director of Planning
273 -1747
Dated: Monday, August 24, 2009
Publish: Wednesday, August 26, 2009
Wednesday, august Z@JZ 9
C `I BEiITHACA, JOURNAL
TOWN OF ITHACA
Planning Board
SIGN -IN SHEET
GATE: September 1, 2009
(PL EASEPRMT TO ENSURE ACCURACYIN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS /AFFILIATION
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, September 1 2009
commencing at 7:00 P.M., as per attached.
Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tio ag_Street.
Date of Posting: August 24, 2009
Date of Publication: August 26, 2009
Sandra Polce, Senior Typist
Town of Ithaca
STATE OF NEW YORK) SS:
COUNTY OF TOMPKINS)
Sworn to and subscribed before me this 26`h day of August 2009.
Notary Public
CONNIE F. CLARK
Notary Public, State of New York
No. 01 CL6052878
Qualified in Tompkins County
Commission Expires December 26, 20 1