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HomeMy WebLinkAboutPB Minutes 2011-06-07FILE PATE Z TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, June 7, 2011 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Chair: Fred Wilcox; Members: George Conneman, Linda Collins, John Beach, Ellen Baer, Jon Bosak, Hollis Erb Staff Present: Bruce Bates, Director of Code Enforcement; Creig Hebdon, Engineer; Deb DeAugistine, Deputy Town Clerk; Susan Brock, Director of Planning; Christine Balestra, Planner; Mike Smith, Planner; Susan Brock, Attorney for the Town Call to Order Mr. Wilcox called the meeting to order at 7:00 p.m. and accepted the secretary's posting of the public hearing notices. AGENDA ITEM Persons to be heard No one came forward to address the Board. AGENDA ITEM SEQR Determination: EcoVillage Solar Array, FROG Neighborhood, Rachel Carson Way. Two gentlemen representing EcoVillage were present to give an overview of the project and to answer questions. The ground -mount solar array containing 224 solar modules will be located off Helen's Way on a piece of unused land and hooked up to the grid. They plan to do this work over the summer, pending approvals. Updated drawings were passed out to the Board and staff that contain: 1) an aerial photo of the site plan showing the FROG neighborhood and the location of the four arrays and 2) a closer look at the four arrays on the property showing the particulars of what they propose to do. Mr. Wilcox commented that the arrays are in a different configuration, but in the same general location as in the original plan. The representative responded that they had to make some adjustments based on utility setbacks. There was a discussion about the 4000 square feet of impervious surface of the solar panels. They sit three to nine feet in the air. There are gaps between the panels, so some rain will fall to the pervious surface underneath, but a lot will first hit the glass, then run off onto the ground. Ms. Ritter suggested adding language to the SEQR to say that a certain amount of grading will occur and that erosion and sedimentation control measures will be installed. PB Resolution No. 2011 -047: SEQR, Preliminary and Final Site Plan Approval, EcoVillage Solar Array, FROG Neighborhood, Tax Parcel No.'s 28. -1- 26.22, 28. -1- 26.84, 28. -1- 26.82, Rachel Carson Way Moved by Hollis Erb; seconded by Linda Collins WHEREAS: PB Minutes 06 -07 -2011 Page 2of6 This action involves consideration of Preliminary and Final Site Plan Approval for the proposed photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located along an existing drive, approximately 300 feet east of the FROG Neighborhood, Town of Ithaca Tax Parcel No.'s 28. -1- 26.22, 28. -1- 26.84, and 28. -1- 26.82, Planned Development Zone No. 8 (EcoVillage). The proposal involves installing a solar photovoltaic array composed of approximately 224 photovoltaic panels to serve 30 residences at EcoVillage. The array will be divided into four equal sections and will total approximately 4,000 square feet (307 feet wide, 12 feet deep, and 10 feet tall). EcoVillage at Ithaca, Inc. Owner /Applicant; Jeff Gilmore, 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 3. The Planning Board, on June 7, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, a Part II prepared by Town Planning staff, an application package entitled "Ecovillage at Ithaca Solar PV project for Frog Neighborhood," date stamped May 5, 2011, a drawing labeled "Ecovillage at Ithaca — Frog Solar Project Layout," dated June 7, 2011, a drawing titled "Array Layout and Trenching Path," dated March 6, 2011 and revised May 26, 2011, 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, 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. Vote: Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Collins, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval for the proposed solar photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located approximately 300 feet east of the FROG Neighborhood along an existing gravel drive, Town of Ithaca Tax Parcel No.'s 28 -1- 26.22, 28 -1 -26.84 and 28 -1- 26.82, Planned Development Zone No. 8. The proposal involves installing approximately 224 photovoltaic panels to serve 30 residences at EcoVillage. The array will be divided into four equal sections and will total approximately 307 feet wide, 12 feet deep, and 10 feet tall. EcoVillage at Ithaca, Inc., Owner /Applicant; Jeff Gilmore, Agent. Mr. Wilcox opened the public hearing at 7:13 p.m. He pointed out that the project involves properties owned by three different legal entities. He asked Ms. Brock whether agreements or easements would be necessary. Ms. Brock responded that the parcel containing the solar array is owned by a not - for - profit corporation called EcoVillage at Ithaca Inc, a small sliver of the parcel where the electrical line will cross the first parcel to the one that contains residences is owned by EcoVillage at Ithaca Village Association, and the residential neighborhood parcel is owned by EcoVillage Co- Housing Cooperative Inc. Easements will be needed to assure that the owner of the array and facilities PB Minutes 06 -07 -2011 Page 3 of 6 has the right to have these facilities on the other property that they don't own and the right to access any part of the facilities for maintenance, repair, and replacement. She noted that Mr. Goodman is drafting easements, so the Planning Board will need to specify conditions. Ms. Brock also noted that the applicants will seek an amendment to their PDZ since the current PDZ doesn't allow the array as a principal use. They will need to either have the PDZ amended or seek variances for the array. Mr. Bosak asked why the array will have a 30- degree (summer) orientation all year as opposed to a 45- degree orientation. He pointed out that snow won't come off at that angle. The gentleman responded that there's no more solar production in summer, just longer days. That orientation is the most efficient for total production over the course of a year. It's the way they're being installed now — you get more power overall. Mr. Wilcox closed the public hearing at 7:23 p.m. PB Resolution No. 2011 -048: Preliminary and Final Site Plan Approval, EcoVillage Solar Array, FROG Neighborhood, Tax Parcel No.'s 28.-l-26.22, 28. -1- 26.84, 28. -1- 26.82, Rachel Carson Way Moved by Ellen Baer; seconded by John Beach WHEREAS: 1. This action involves consideration of Preliminary and Final Site Plan Approval for the proposed photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located along an existing drive, approximately 300 feet east of the FROG Neighborhood, Town of Ithaca Tax Parcel No.'s 28. -1- 26.22, 28. -1- 26.84, and 28. -1- 26.82, Planned Development Zone No. 8 (EcoVillage). The proposal involves installing a solar photovoltaic array composed of approximately 224 photovoltaic panels to serve 30 residences at EcoVillage. The array will be divided into four equal sections and will total approximately 4,000 square feet (307 feet wide, 12 feet deep, and 10 feet tall). EcoVillage at Ithaca, Inc. Owner /Applicant; Jeff Gilmore, Agent; and 2. 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 June 7, 2011, 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, at a Public Hearing held on June 7, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, a Part II prepared by Town Planning staff, an application package entitled "Ecovillage at Ithaca Solar PV project for Frog Neighborhood," date stamped May 5, 2011, a drawing labeled "Ecovillage at Ithaca — Frog Solar Project Layout," dated June 7, 2011, a drawing titled "Array Layout and Trenching Path," dated March 6, 2011 and revised May 26, 2011, and other application materials; and 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, PB Minutes 06 -07 -2011 Page 4 of 6 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 photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, Town of Ithaca Tax Parcel No.'s 28. -1- 26.22, 28. -1- 26.84, and 28. -1- 26.82, Planned Development Zone No. 8 (EcoVillage), as described in the drawings entitled "Ecovillage at Ithaca Solar PV project for Frog Neighborhood," date stamped May 5, 2011, subject to the following conditions: a. Granting of any necessary variances from the Town of Ithaca Zoning Board of Appeals and /or approval of amendments to the language for Planned Development Zone No.8 (EcoVillage) from the Town of Ithaca Town Board that negate the need for variances, and b. Obtaining of the necessary building permit from the Code Enforcement Office, and c. Submission of record of application for and proof of receipt of all necessary permits from any county, state, and /or federal agencies, prior to issuance of any final electrical certificates, and d. Submission and filing of easements satisfactory to the Attorney for the Town assuring that all components of the solar photovoltaic array facility (including lines transmitting electricity to the EcoVillage residences) are allowed to be located on the various parcels shown on the approved site plan, and further assuring access to all facility components by its owner for purposes of maintenance, repair, and replacement, prior to issuance of any building permits, and e. Submission of a grading plan and sedimentation and erosion control plan, approved by the public works department, prior to issuance of any building permits. Vote: Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Collins, Erb AGENDA ITEM Public Hearing: Consideration of a recommendation to the Town of Ithaca Town Board regarding a local law amending the Zoning Chapter of the Town of Ithaca Code to revise the definition of garage and to revise yard, area, location, and height requirements related to garages. Mr. Wilcox opened the public hearing at 7:30 p.m. Mr. Bates explained the reason this local law is before the Board. The definitions of garages and accessory buildings are sometimes interchanged, and it can be difficult for the applicant to figure out the difference. The amended law is an attempt to clarify definitions and uses. There's also the issue of people trying to put garages in places as principal buildings. At what point does a building become an accessory building and not a garage? The amendment also deals with setback requirements. Mr. Bosak expressed confusion about the definitions under the proposed "Fs" that place a maximum distance a garage can be built from the front property line. This would mean that if a house sits 200 feet from the front property line, a person will not be allowed to put a garage in the backyard. Ms. Erb agreed that it makes no sense to limit the depth of the driveway from the front property line since we're trying these days to hide garages. PB Minutes 06 -07 -2011 Page 5 of 6 Bruce Brittain, 135 Warren Road, suggested that the purpose was to make the setback for the garages the same as the setback for the houses. He thinks setbacks should be defined for all property lines for all zones, and provided a handout (Attachment 1) to Board members with suggested language. Mr. Wilcox reminded the Board that their job is not to rewrite the law, but to make a recommendation to the Town Board. The recommendation can be to send the law back to the COC to fix identified flaws. Ms. Erb wondered why there is a maximum square footage for a garage in the conservation zone, while in the other zones, the size limit is a percentage of the backyard space. If there's a large back yard, a person could build a very large garage. She asked whether the 1000 - square -foot provision for a conservation zone is analogous to the square- footage limit for other zones. Mr. Bates responded that in a conservation zone, they wanted to limit the size to retain open space. In other zones, a person might buy a bigger parcel in order to put in a larger garage. Mr. Bosak stated that he would not be able to vote in favor of the resolution recommending the Town Board adopt the law, because the issues the Planning Board has raised go way beyond minor corrections. He would like to recommend that the law go back to the COC for revisions, then back to the Planning Board for review. After discussion, it was agreed that the resolution would be amended to recommend the Town Board send the law back to COC for rework on specific problems listed. Mr. Wilcox closed the public hearing at 7:50 p.m. PB Resolution No. 2011 -049: Recommendation to the Town Board Regarding a Proposed Local Law Amending The Zoning Chapter of the Town of Ithaca Code To Revise The Definition of Garage and Yard, Area, Location, and Height Requirements Related to Garages Moved by Jon Bosak; seconded by Hollis Erb WHEREAS: The Town of Ithaca Codes and Ordinances Committee has drafted a proposed local law "Amending The Zoning Chapter Of The Town of Ithaca Code To Revise The Definition Of Garage And Yard, Area, Location, And Height Requirements Related To Garages," for the Town Board's consideration; and WHEREAS: The purpose of this local law is to clarify and expand the elements of the garage provisions, due to interpretation problems that the current provisions pose for Code Enforcement staff; and WHEREAS: The proposed amendments would include an expanded definition for garage, along with revisions to the yard, area, location, and height requirements for garages in the Conservation Zone and all Residential Zones in the Town; and WHEREAS: The Town Board has referred the proposed local law to the Planning Board and Zoning Board of Appeals for review and recommendations; and WHEREAS: The Town of Ithaca Planning Board held a public hearing on this matter and has reviewed and discussed this proposed local law at its meeting on June 7, 2011; PB Minutes 06 -07 -2011 Page 6 of 6 NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town Board refer the proposed Local Law "Amending The Zoning Chapter Of The Town Of Ithaca Code To Revise The Definition Of Garage And To Revise Yard, Area, Location, And Height Requirements Related To Garages" back to the Codes and Ordinances Committee to address the following concerns: removal of the maximum setback from the front property lines in all zones and the addition of rear lot setbacks for all garages. Vote: Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Collins, Erb AGENDA ITEM PB Resolution No. 2011 -050: Minutes of May 17, 2011 Moved by Fred Wilcox; Seconded by Hollis Erb WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on May 17, 2011; now, therefore, be it RESOLVED, that the Town of Ithaca Planning Board approves the minutes to be the final minutes of the meeting of May 17. Vote Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Collins, Erb AGENDA ITEM Other Business Mr. Wilcox mentioned that the Planning Board (among others) is named on a notice of intent to file claim. It's a housing discrimination lawsuit that claims an illegal vote of the Planning Board for participating to remove the claimant from the EcoVillage Tree residence. The claimant is suing everyone for $1 million apiece. Ms. Ritter will email a copy to the Planning Board members. Ms. Brock and Mr. Conneman brought to the Board's attention a new project proposed by Cornell for workforce housing adjacent to Eastwood Commons. The project might be coming before the Planning Board. As president of the Eastwood Commons Association, Mr. Conneman wanted to eliminate any suspicion of a conflict of interest by assuring the Board that he has not learned anything about the project the rest of the Board is not privy to. He provided the Planning Board with a letter (Attachment 2) he wrote to John Gutenberger from Cornell, stating everything he knows about the project. Adjournment Upon motion by Ellen Baer, the meeting adjourned at 8:15 p.m. Respectfully submitted, 62A-LL (Debra DeAugi ne _Deputy ow Clerk ne: t.onversation with ueorge Conneman Re: Conversation with George Conneman John Gutenberger Sent: Wednesday, May 25, 201110:37 AM To: Diane K Conneman Diane and George, I made a couple of tweaks and corrected the price range that I gave when we chatted. Gutie On May 23, 2011, at 8:49 PM, Diane K Conneman wrote: Dear John, Page 1 of 2 George asked me to type his notes from your conversation today and send them to you for verification. He does email but his typing is slow so I get drafted to help from time to time. Diane Conneman From George: Thanks for talking with me today ( 5/23/11) about Cornell's proposed workforce housing adjacent to Eastwood Commons Residents Association. Below are my notes which I would appreciate it if you could verify that I have everything correct. CU bought the property for workforce or affordable housing. They put out a RFP and received several proposals. One developer who will partner with Ithaca Neighborhood Housing Services was selected. The proposed partnership between the developer and INNS is in the hands of their lawyers The developer will present a sketch plan to the Town of Ithaca for 65+ units or whatever zoning will allow. The project could look something like Eco- Village — sustainable. There will be information meetings for the East Hill Neighborhood on the proposal. Specifics include: • No new roadway system but an entry off Honness. • Affordable housing is to sell for $140,000 to $225,000 range • Not intended for student housing John C. Gutenberger Senior Director Community Relations 110 Day Hall Cornell University Ithaca, NY 14853 -2801 https: //excha.nge.comell.edu/owa/ ?ae= Item &t = IPM. Note &id= RgAAAAAcaK9KEfsfQ5xl... 5/26/2011 TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, June 7, 2011 .. AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: EcoVillage Solar Array, FROG Neighborhood, Rachel Carson Way. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed solar photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located approximately 300 feet east of the FROG Neighborhood along an existing gravel drive, Town of Ithaca Tax Parcel No.'s 28 -1- 26.22, 28 -1 -26.84 and 28 -1- 26.82, Planned Development Zone No. 8. The proposal involves installing approximately 224 photovoltaic panels to serve 30 residences at EcoVillage. The array will be divided into four equal sections and will total approximately 307 feet wide, 12 feet deep, and 10 feet tall. EcoVillage at Ithaca, Inc., Owner /Applicant; Jeff Gilmore, Agent. 7:20 P.M. SEQR Determination: Franziska Racker Centers' Temporary Day Care Facility, 1229 Trumansburg Road. 7:20 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed Franziska Racker Centers' temporary day care facility located at Cayuga Ridge, 1229 Trumansburg Road (NYS Route 96), Town of Ithaca Tax Parcel No. 26 -4 -46.1, Medium Density Resid i .MTh posal i Ives occupying the currently unused third floor of the western mo Wbn 1 s r up to 14 children. The day care progra d If y et Cable (proximately one year while the building that normal y houses t e Franziska Racker Centers day care program undergoes asbestos remediation. Cayuga Ridge, Owner; Franziska Racker Centers, Inc., Applicant; Daniel R. Brown, Associate Executive Director, Agent. 7:30 P.M. PUBLIC HEARING: Consideration of a recommendation to the Town of Ithaca Town Board regarding a local law amending the Zoning Chapter of the Town of Ithaca Code to revise the definition of garage and to revise yard, area, location, and height requirements related to garages. 7. Approval of Minutes: May 17, 2011 8. Other Business: 9. Adjournment Susan Ritter 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, June 7, 2011 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, June 7, 2011, 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 Site Plan Approval for the proposed solar photovoltaic array for the FROG Neighborhood at EcoVillage at Ithaca, located approximately 300 feet east of the FROG Neighborhood along an existing gravel drive, Town of ' Ithaca Tax Parcel No.'s 28 -1- 26.22, 28 -1 -26.84 and 28 -1- 26.82, Planned Development Zone No. 8. The proposal involves installing approximately 224 photovoltaic panels to serve 30 residences at EcoVillage. The array will be divided into four equal sections and will total approximately 307 feet wide, 12 feet deep, and 10 feet tall. EcoVillage at Ithaca, Inc., Owner /Applicant; Jeff Gilmore, Agent. 7:20 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed Franziska Racker Centers' temporary day care facility located at Cayuga Ridge, 1229 Trumansburg Road (NYS Route 96), Town of Ithaca Tax Parcel No. 26 -4 -46.1, Medium Density Residential Zone. The proposal involves occupying the currently unused third floor of the western most building (closest to Route 96) for a day care center for up to 14 children. The day care program would be temporarily located at Cayuga Ridge for approximately one year while the building that normally houses the Franziska Racker Centers' day care program undergoes asbestos remediation. Cayuga Ridge, Owner; Franziska Racker Centers, Inc., Applicant; Daniel R. Brown, Associate Executive Director, Agent. 7:30 P.M. Consideration of a recommendation to the Town of Ithaca Town Board regarding a local law amending the Zoning Chapter of the Town of Ithaca Code to revise the definition of garage and to revise yard, area, location, and height requirements related to garages. 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. Susan Ritter Director of Planning 273 -1747 Dated: Friday, May 27, 2011 Publish: Wednesday, June 1, 2011 Wednesday, June 1, 2011 THE ITHACA JOURNAL Name Town of Ithaca Planning Board 215 North Tioga Street June 7, 20117:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You Address 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, June 7, 2011 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: May 27, 2011 Date of Publication: June 1, 2011 :5,� Qg.L� Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this Is' day of June 2011. Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County Commission Expires December 26,�G� y_