HomeMy WebLinkAboutPB Minutes 2011-10-04FILE
DATE
TOWN OF ITHACA PLANNING BOARD MEETING
Tuesday, October 4, 2011
215 N. Tioga Street, Ithaca, NY 14850
Board Members Present: Fred Wilcox (Chair), Linda Collins, George Conneman, John Beach,
Ellen Baer, Jon Bosak, David Slottje, Hollis Erb
Staff Present: Susan Ritter; Director of Planning; Bruce Bates, Director of Code Enforcement;
Creig Hebdon, Engineer; Deb DeAugistine, Deputy Town Clerk; Christine Balestra, Planner; Dan
Tasman, Planner; Susan Brock, Attorney for the Town
Call to Order
Mr. Wilcox called the meeting to order at 7:02 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
Presentation and discussion regarding the eight year review of the Tompkins County
Agricultural District #1. Debbie Teeter, Agriculture Program Manager, Cornell Cooperative
Extension of Tompkins County
Debbie Teeter stated the Town of Ithaca has land in both Agricultural Districts 1 and 2; most of
the Town's agricultural land is in the other district, which was reviewed four years ago. The
purpose of the review is to demonstrate to New York State that at least 50% of the land in the
district is agriculturally viable, meaning it is appropriate for farming, but not necessarily being
farmed. Ag District Law provides protections for farmers and farmland. She described some of
the protections; for example, if water and sewer were going into an area, the law would provide
protections against a municipality assessing for every possible hookup on farmland — they would
be able to assess only for existing buildings. She also stated that agricultural law supersedes
municipal law, but this is rarely exercised. If Ag and Markets finds that the farmer has a case,
they may go to court and defend the farmer against the municipality. For the review process, the
County Ag and Farm Protection Board reviews the existing district and makes recommendations
to the County Legislature on whether to continue the district as it is or amend the district. In other
towns, they are looking at agricultural land that is not currently in the district. There is a lot of land
that is going into cultivation again after being out of it for years. They are also looking to see if
towns have land they recommend being removed from the district; for example, if a subdivision
has gone in. Mike Smith gave her a recommendation on behalf of the Town regarding parcels
located in the district that have moved into the City's watershed.
Mr. Slottje asked what happens if the owner of a property in an Ag District uses the property for a
different use, which is not farm operations.
Ms. Teeter responded that if there is a change in land use, the person who changed the use
would be liable for a penalty for reduced taxes in the previous year's taxes.
Ms. Teeter stated that the review period can be every 8, 10, 12, or 20 years; this previously
applied to both adding and removing parcels, but now parcels can be added every year. A
consideration for the Board is whether to increase the review period.
PB 10 -04 -2011
Page 2 of 14
AGENDA ITEM
Minutes of September 20, 2011
PB Resolution No. 2011 -079: Minutes of September 20, 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 September 20, 2011; now, therefore, be it
RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with corrections, to
be the final minutes of the meeting of September 20.
Vote
Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb
AGENDA ITEM
SEQR Determination: Tompkins County Chamber of Commerce Renovations, 904 East Shore
Drive
Jean McPheeters described the work they plan to do: wall -in a second -floor door that leads onto
the deck (it is not an emergency door), because of massive heat loss, replace some windows that
are leaking, and put in an L- shaped fence on the north side of the building facing the lake,
because of the horrendous winds.
Mr. Wilcox questioned why this issue has come before the Board. Mr. Tasman explained that the
way some of the old PDZs were written requires even the most minute changes to go back before
the Planning Board.
Ms. Brock disclosed that she's a member of the Chamber of Commerce, but does not think her
membership affects her ability to be impartial.
PB RESOLUTION No. 2011 -077: SEAR, Preliminary and Final Site Plan Approval, Chamber
of Commerce Building Renovations, 901 East Shore Drive, Tax Parcel No. 18 -2 -10
Moved by John Beach; seconded by George Conneman
WHEREAS:
1. This is consideration of Preliminary and Final Site Plan Approval for proposed building
renovations to the Chamber of Commerce building located at 901 East Shore Drive, Town of
Ithaca, Tax Parcel No. 18 -2 -10, Planned Development Zone Special Land Use District.
Number 5. The proposal involves repair to clapboard damaged by bees, installation of an
aluminum gutter protection system, replacement of clapboards on the North Tower with
cement board shingles, replacement of two casement windows with new vinyl double -hung
windows, enclosure of a door on the upper deck, installation of a two sided wind break
outside of the northeast door on the first floor, and cleaning and touch -up painting on selected
rusted railings, posts and doors. Tompkins County Chamber of Commerce,
owners /applicants, and
PB 10 -04 -2011
Page 3 of 14
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 Preliminary and Final Site Plan, and
3. The Planning Board on October 4, 2011, 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 site plan titled "Tompkins County Chamber of Commerce Door
E04 Removal ", dated September 13, 2011, prepared by Egner Architectural Associates, and
other application materials, and
4. The Town planning staff has recommended a negative determination of environmental
significance with respect to the proposed Preliminary and Final 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 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.
Vote:
Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb
AGENDA ITEM
Public Hearing: Consideration of Preliminary and Final Site Plan Approval for the proposed
renovations to the Tompkins County Chamber of Commerce located at 904 East Shore Drive,
Town of Ithaca Tax Parcel No. 18 -2 -10, Planned Development Zone No. 5. The proposal
involves renovations related to improving the energy efficiency of the building, including replacing
two windows, closing in one outside door, installing two 12 foot long fence panels for a wind
break near the northeast outside door, and other improvements. Tompkins County Chamber of
Commerce, Owner /Applicant; Jean M. McPheeters, Agent
Mr. Wilcox opened the public hearing at 7:25 p.m.
Mr. Bates noted that the code will allow a fence up to 6 feet above grade, including any
decorations on top, and pointed out that the paperwork submitted called for a higher fence.
Ms. McPheeters said she will have the fence cut down to the correct height.
Mr. Wilcox closed the public hearing at 7:30 p.m.
PB RESOLUTION No. 2011 -078: Preliminary and Final Site Plan Approval, Chamber of
Commerce Building Renovations, 901 East Shore Drive, Tax Parcel No. 18 -2 -10
Moved by Hollis Erb; seconded by Ellen Baer
WHEREAS:
1. This is consideration of Preliminary and Final Site Plan Approval for proposed building
renovations to the Chamber of Commerce building located at 901 East Shore Drive, Town of
Ithaca, Tax Parcel No. 18 -2 -10, Planned Development Zone Special Land Use District
PB 10 -04 -2011
Page 4 of 14
Number 5. The proposal involves repair to clapboard damaged by bees, installation of an
aluminum gutter protection system, replacement of clapboards on the North Tower with
cement board shingles, replacement of two casement windows with new vinyl double -hung
windows, enclosure of a door on the upper deck, installation of a two sided wind break
outside of the northeast door on the first floor, and cleaning and touch -up painting on selected
rusted railings, posts and doors. Tompkins County Chamber of Commerce,
owners /applicants, 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 Site Plan Approval, has on October 4, 2011, 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 October 4, 2011, 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 site plan titled "Tompkins County Chamber of Commerce Door E04
Removal ", dated September 13, 2011, prepared by Egner Architectural Associates, and other
application materials.
NOW THEREFORE BE IT RESOLVED:
That the Planning Board grants Preliminary and Final Site Plan Approval for proposed
building renovations to the Chamber of Commerce building located at 901 East Shore Drive,
Town of Ithaca, Tax Parcel No. 18 -2 -10, as shown on a site plan titled "Tompkins County
Chamber of Commerce Door E04 Removal ", dated September 13, 2011, prepared by Egner
Architectural Associates, and other application materials, subject to the condition that the
wind break/fence not exceed 6 feet in height.
Vote:
Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb
AGENDA ITEM
SEQR Determination: Simmons 2 -Lot Subdivision, 694 Coddington Road
Michael Moore (seller's agent), Wendy Ives (buyer's agent), Aleta Weaver, applicant, were
present to discuss the project.
The Board went through the SEAR and discussed that both properties would need variances if
the subdivision were approved: parcel A for width and parcel B for depth.
Mr. Moore described a way to move a pin so parcel B would not need a variance. He handed out
a new drawing to correct parcel A to meet the requirements. This is an alternate subdivision
survey map of the property that would not require any variances.
Mr. Wilcox confirmed with Mr. Moore that this alternate subdivision is not to get access to parcel
A because it has frontage on Coddington Road, but to avoid having to apply for variances.
Mr. Bosak had no strong objections to the alternative, but stated that if he were the applicant, he
would just get the variances. He noted, however, that the new subdivision is not the one for which
the public hearing is being held.
PB 10 -04 -2011
Page 5 of 14
Mr. Moore responded that they were only notified on Thursday that there was an issue with the
first proposal. So, within the day, they had the second proposal drawn up from the surveyor.
Mr. Wilcox stated that, assuming the alternative subdivision does not require variances, as much
as he hates it, if it meets all requirements, he would have to vote for it. This left the question of
whether the public hearing notice was valid.
Staff said that no one came in and obtained a map as a result of the public hearing notice;
therefore, no one has seen the map — it is not`available on the Town's web site.
Mr. Bates verified that the alternative subdivision would not require any variances. Ms. Brock
verified that the public hearing notice was sufficient.
Mr. Wilcox commented that they've circumvented the intent of zoning, but the new subdivision
conforms to all Town requirements, so Board members do not have the discretion to vote against
it simply because they don't like it.
Mr. Bates explained that the second proposal meets the requirements for road frontage and
setbacks. The home was "legally existing nonconforming" for the front yard requirement, so that's
why it's compliant as proposed. If it was not legally existing nonconforming, it would not be
compliant.
Ms. Brock added that the lot was created before zoning came into effect, so when zoning came
into effect with that required width at the front yard setback line, it already didn't meet the
requirement. The subdivision does not touch that issue.
Looking at the new alternative from the mindset of a neighbor, Ms. Erb asked if there are building
restrictions are on the little trapezoid at the base of the flag at East King Road. A future owner
might put something unsightly there because they don't have to look at it — they're a half mile
away on Coddington Road.
Mr. Wilcox pointed out that the front yard of parcel B is the rear yard of parcel A.
Mr. Bates responded that, technically, it's the rear of the property, so it would just have to meet
the code for accessory structures; but since they already have structures on the property, that
might limit the size of any new structures.
Ms. Brock pointed out that without the subdivision, it's the same issue.
Mr. Bates said that this could be a problem for parcel B because it will appear to the public to be
in their front yard, and with the new property maintenance law, you can do things in a back yard
that you can't do in a front yard. This is technically a back yard, but it looks and acts like a front
yard. Ms. Brock again pointed out that it's a rear yard right now.
Mr. Moore stated that the issue for them is time: bank financing is all lined up, health issues are
involved, and social services are involved in the sale of the house — it's complicated.
Mr. Tasman noted that his staff memo reflected the first configuration. The second technically
meets code, but is bad planning practice. Through lots — lots that front on two streets, front and
back — are considered bad planning practice, for all the reasons discussed. He recommended this
issue be looked at when the zoning code is rewritten.
PB 10 -04 -2011
Page 6 of 14
PB RESOLUTION No. 2011 -080: SEAR, Preliminary and Final Subdivision Approval,
Simmons 2 -Lot Subdivision, 694 Coddington Road, Tax Parcel No. 49 -1 -22
Moved by John Beach; seconded by Hollis Erb
WHEREAS:
1. This is consideration of Preliminary and Final Subdivision Approval for a proposed 2 -lot
subdivision located at 694 Coddington Road, Town of Ithaca, Tax Parcel No. 49 -1 -22, Low
Density Residential Zone. The proposal involves subdividing the 2.2 acre property into two
lots, one ±1.01 acre developed lot with access to Coddington Road, and one ±1.19 acre lot
with access to East King Road. Alice Simmons, owners /applicants, 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 October 4, 2011, 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 titled "Survey Map, No. 694 Coddington Road ", dated
August 23, 2011, prepared by Ian Sheive, L.S., 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.
Vote:
Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb
AGENDA ITEM
Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-
lot subdivision located at 694 Coddington Road, Town of Ithaca Tax Parcel No. 49 -1 -22, Low
Density Residential Zone. The proposal involves subdividing the 2.2 +/- acre parcel into two lots,
one 1.01 +/- acre lot containing the existing house, garage, and sheds, and one 1.19 +/- acre
vacant lot which has frontage on King Road East. Alice V. Simmons, Owner; Deirdre Aleta
Weaver, Applicant.
Mr. Wilcox opened the public hearing at 8:13 p.m. and closed the public hearing at 8:15 p.m.
PB RESOLUTION No. 2011 -081: Preliminary and Final Subdivision Approval, Simmons 2-
Lot Subdivision, 694 Coddington Road, Tax Parcel No. 49 -1 -22
Moved by Hollis Erb; seconded by Ellen Baer
WHEREAS:
PB 10 -04 -2011
. Page 7 of 14
This is consideration of Preliminary and Final Subdivision Approval for a proposed two -lot
subdivision located at 694 Coddington Road, Town of Ithaca, Tax Parcel No. 49 -1 -22, Low
Density Residential Zone. The proposal involves subdividing the ±2.2 acre property into two
lots, one ±1.0 acre developed lot with access to Coddington Road, and one t1.2 acre lot with
access to East King Road. Alice Simmons, owners /applicants, 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 October 4, 2011, 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 October 4, 2011, 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 titled "Survey Map, No. 694 Coddington Road ", dated
August 22, 2011, and date stamped October 4, 2011, prepared by Ian Sheive, L.S., and other
application materials,
NOW THEREFORE BE IT RESOLVED:
1. That the Town of Ithaca Planning Board 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 grants Preliminary and Final Subdivision Approval for the proposed
two -lot subdivision located at 694 Coddington Road, Town of Ithaca, Tax Parcel No. 49 -1 -22,
as shown on the survey map titled "Survey Map, No. 694 Coddington Road ", dated August
22, 2011, and date stamped October 4, 2011, prepared by Ian Sheive, L.S., and other
application materials, subject to the following condition:
a. submission to the Town of Ithaca Planning Department of a receipt of filing of the
subdivision with the Tompkins County Clerk's Office.
Vote:
Ayes: Wilcox, Collins, Beach, Baer, Bosak, Erb
Nays: Conneman
AGENDA ITEM
SEQR Determination: Cornell University Monopole and Three Associated Antennas, Dryden
Road
Tom LiVigne and David Weisenreder, engineer, and many others were present to represent
Cornell. Mr. LiVigne gave a brief recap of the project. There are three cell carriers on the water
tower. The Town required the tank to be removed, so they needed to find a new location for the
monopole. He pointed out the search rings they were limited by for locating the tower. They
selected three sites: the existing water tower, the Plantations site, and the northwest corner of
McGowan Woods. He reiterated the five evaluation criteria: availability of coverage, aesthetics on
campus, height of the pole, ability to accommodate the geothermal field, and municipal
regulations. The Plantations site is the least visual and can accommodate the geothermal field.
PB 10 -04 -2011
Page 8 of 14
They eliminated the water tower site because it would have been too expensive to rehabilitate
and maintain, plus it wouldn't accommodate any more carriers; i.e., the Cornell Police. McGowan
Woods did not meet the criteria: it is outside the search ring for Verizon and would not meet the
fall zone requirement. He showed photos the Board had requested at the last meeting,
highlighting how the Plantations site is the most suitable.
Ms. Collins stated that she had no problem with the tank. She was very concerned about the view
from the Arboretum, where she walks and enjoys not seeing modern technology. She said
Cornell created a beautiful and peaceful area, and the pole would be a scar on the land. She also
talked about how the monopole will clash with the sculpture garden. She has shown the photos to
others in the community who likewise expressed the shock and dismay as she feels.
Mr. Slottje stated that he did not understand the search ring issue. Mr. LiVigne said that it's the
best location for the two main carriers. The intent of the red rings on the map is to show where
each tower will fit and still work well with the others that surround it; these are line -of -sight towers.
Mr. Wilcox added that Team Mobile has fewer existing antennas, so they have a larger range of
area in which they can locate this facility. They have a greater area that has insufficient coverage.
Verizon has more towers and therefore has better reception. In order to cover the area with the
new site and not degrade coverage to the existing site, they have a limited area to work with.
Mr. Bosak noted that the Board went through this with the Verizon proposal a couple years ago.
He referred to the propagation maps. According to the Federal Communications Act, this is all the
carriers need: to prove that if the Town says no, they don't get service in a certain location. That
act has taken away local ability to do anything about it. The Board's only option is to examine
whether their rejection of the alternative sites makes sense, or if there are other facilities where
those antennas can be colocated. He agreed that they are ugly.
Ms. Collins stated that, not only are they ugly, the Board has a higher standard when it comes to
visual impact on something as unique as the Cornell Arboretum. She disagrees that this has the
least visual impact and feels strongly that this should not be visible from the Arboretum.
The Verizon representative addressed why their search area is so small. He pointed out all the
sites they already have. To move the new site to the west makes no sense because it would be
on top of the other sites they already have. Because of the terrain, shifting to the south, which is
100 feet lower, would require a higher tower to see down into the valley. The search ring is
dictated by the topography of the land as well as the location of the existing towers.
Mr. LiVigne stated that the reason the current water tower site was rejected is because it is much
more visible from campus than this site: it stands out more than any other site and is the worst
possible site for the Plantations. Don Rakow from the Plantations is fully behind the chosen site.
Mr. Weisenreder described the site. It is located close to 798 Dryden Road, almost to the Dryden
Town line. It is zoned LDR. The site is currently used for Cornell's fleet garage. Drainage is
northerly to Fall Creek. The pole is a 130 -foot, tapered steel structure, measuring 24 inches at the
top and 48 inches at the base. The antennas are mounted on 12 -foot booms. Cornell Police will
have a whip antenna, which will extend up to 10 feet at the top of the tower. There will be a 40-
foot by 80 -foot fenced compound area to house the shelters for the three providers to store
outdoor equipment. The compound will also contain an outdoor cabinet for the Cornell Police
equipment and a of couple of emergency generators for outages that last longer than the
batteries in the equipment shelters. They are proposing a plain, 6 -foot chain link fence. They also
propose a utility extension from Dryden Road. Access would be along the south side, over the
existing driveway, and through the gate to the compound area. It's a clearly defined drive that the
PB 10 -04 -2011
Page 9 of 14
Plantations uses extensively. They are minimizing the disturbance required; it will be well below
the 1 -acre threshold, which would require stormwater permitting by NYS DEC. The geothermal
component is to the west of the fenced -in area: it will measure 40 feet by 40 feet and will look like
a lawn.
Mr. Bates asked if there is a clear, distinct driving path for emergency vehicles — whether the
drive will be defined through the parking area. Mr. Weisenreder responded that it's an open
asphalt area that is not used for parking. Mr. Bates asked whether they would consider making a
definite path for fire access all the way through, naming it a private road, so that no one parks
there.
Discussion ensued regarding fire department coverage, with Ms. Brock concluding that it will be
the Town's responsibility to decide which fire company is to cover which area. Mr. Wilcox stated
that it appears to be in the same district as the two buildings that front on Dryden Road, but he
will verify that information.
In response to a question from Ms. Erb, it was determined that if a fourth carrier wants to
colocate, it will .have to be installed below the other antennas. Regarding excavation, Ms. Erb
stated that the Board generally prefers materials to be left on site. She also would like to know
when the tower will be decommissioned if it is not used for a period of 12 months. The Board
agreed on 90 days. Ms. Erb also wanted the record to specify the days of the week and times of
day the generator would be tested.
To a question from Mr. Bosak, Cornell representatives stated that since they're running fiber, they
have no plans for microwave. There was general consensus that if they wanted to put microwave
on the tower, they'd need to come back for approvals.
Mr. Wilcox pointed out that the Board would need to see measures of the radiation at certain
distances to make sure it is less than the FCC allows.
To Mr. Conneman's inquiry regarding the rejection of the McGowan Woods site, Mr. LiVigne
stated that the teaching facility will be less than 100 feet from that location, and the other land is
spoken for. The land to the east is the woods; that to the west is in the middle of a prime building
site. It is also outside Verizon's ring. They're trying to get the best reception for the campus and
the community.
Ms. Erb added that the teaching barn is being placed close to the Vet School so students can get
across the road. It is a replacement for the barns that were lost when the Animal Health
Diagnostic Center was built. Regarding the fall zone, she commented that she would rather
something fell into the man -made Arboretum than into McGowan Woods, because it is just about
all old growth.
As far as visual impacts, both Mr. Bosak and Ms. Collins think the water tank looks better than the
monopole. Ms. Collins does not find the farm with the combination of the water tank a negative
visual impact; rather she finds it somewhat charming. She thinks refurbishing the tank and
keeping those antennas on the tank is a lovely blending of the old and the new.
Mr. Hebdon pointed out that the Town is replacing all their steel tanks, because it is not worth it to
rehab them. Cornell would most likely have to take the existing tank down and put a different one
up that is merely symbolic. The Town is moving away from steel tanks and going to concrete and
fiberglass -lined tanks. When a tank is not filled with water, it is structurally unsound.
PB 10 -04 -2011
Page 10 of 14
PB RESOLUTION No. 2011 -082: SEOR, Cornell Monopole, 798 Dryden Road /NYS Route
366, Tax Parcel No. 65 -1 -5.2
Moved by Fred Wilcox; seconded by Hollis Erb
WHEREAS:
This action is Consideration of Preliminary Site Plan Approval and Special Permit for the
proposed Cornell University monopole and three separate wireless communication company
antennas located on the north side of Dryden Road (NYS Route 366) opposite the
intersection with Game Farm Road, Town of Ithaca Tax Parcel No. 65- 1 -5.2, Low Density
Residential Zone. The proposal involves the construction of a 130 +/- foot tall monopole to
accommodate three separate wireless communication company antennas, with a 10 +/- foot
omni -whip antenna on the top of the tower, creating an overall height of approximately 140
feet. The project will also involve fencing in an approximately 40'x 80' area around the tower
which will contain several equipment shelters and concrete pads, the addition of two gravel
access drives, and the installation of a geothermal well field to cool and heat one of the
equipment shelters. Cornell University, Owner /Applicant; Thomas P. LiVigne, Director,
Cornell Real Estate, 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 the Cornell University Monopole
proposal; and
3. The Planning Board, on July 5, 2011, reviewed a Sketch Plan for the proposal and
recommended the submission of additional materials; and
4. The Planning Board, on October 4, 2011, has reviewed and accepted as adequate a Full
Environmental Assessment Form Part I, submitted and prepared by the applicant; a Full
Environmental Assessment Form Part II and Visual Addendum, prepared by Town Planning
staff; a narrative, dated September 22, 2011; site plan drawings entitled "Cornell Monopole
(Dryden Road)," prepared by Costitch Engineering, including sheets CA100, CA110, CA111,
CA500, and CR110, all dated 9/01/2011; two sets of photo simulations prepared by Costitch
Engineering, dated 3/15/11 and 7/14/11; an ambient noise analysis report, prepared by the
Wireless Business Group, dated 9/2/11; propagation studies and equipment shelter
information for Verizon Wireless, AT & T Mobility, and T- Mobile; and other application
materials; and
5. The Town Planning staff has recommended a negative determination of environmental
significance with respect to the proposed Cornell University Monopole project;
NOW, THEREFORE BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative determination of environmental
significance in accordance with the New York State Environmental Quality Review Act for the
above referenced actions as proposed, based on the information in the Full Environmental
Assessment Form Part I and for the reasons set forth in the EAF Part II and Visual Addendum
and, therefore, an Environmental Impact Statement will not be required.
Vote:
Ayes: Wilcox, Conneman, Beach, Baer, Bosak, Erb
Nays: Collins
PB 10 -04 -2011
Page 11 of 14
AGENDA ITEM
Public Hearing: Consideration of Preliminary Site Plan Approval and Special Permit for the
proposed Cornell University monopole and three separate wireless communication antennas
located on the north side of Dryden Road (NYS Route 366) opposite the intersection with Game
Farm Road, Town of Ithaca Tax Parcel No. 65- 1 -5.2, Low Density Residential Zone. The
proposal involves the construction of a 130 +/- foot tall monopole to accommodate three separate
wireless communication antennas, with a 10 +/- foot omni -whip antenna on the top of the tower,
creating an overall height of approximately 140 feet. The project will also involve fencing in an
approximately 40' x 80' area around the tower which will contain several equipment shelters and
concrete pads, the addition of two gravel access drives, and the installation of a geothermal well
field to cool and heat one of the equipment shelters. Cornell University, Owner /Applicant;
Thomas P. LiVigne, Director, Cornell Real Estate, Agent.
Mr. Wilcox opened the public hearing at 9:38 p.m. and closed the public hearing at 9:40 p.m.
Mr. Slottje commented that the resolution didn't address birds.
As requested for the record, a Cornell representative stated that the tower will not be lit, there will
be no guide wires, and the tower is less than the width of the tank, which she said will make it
less dangerous than the tank.
Mr. Conneman stated that he does not think they looked hard enough at sites; for this reason, he
disagrees with items 4 and 6 in the conditions, so he will vote against the resolution.
PB RESOLUTION No. 2011 -083: Preliminary Site Plan Approval and Special Permit, Cornell
Monopole, 798 Dryden Road /NYS Route 366, Tax Parcel No. 65 -1 -5.2
Moved by Hollis Erb; seconded by Fred Wilcox
WHEREAS:
1. This action is Consideration of Preliminary Site Plan Approval and Special Permit for the
proposed Cornell University monopole and three separate wireless communication company
antennas located on the north side of Dryden Road (NYS Route 366) opposite the
intersection with Game Farm Road, Town of Ithaca Tax Parcel No. 65- 1 -5.2, Low Density
Residential Zone. The proposal involves the construction of a 130 +/- foot tall monopole to
accommodate three separate wireless communication company antennas, with a 10 +/- foot
omni -whip antenna on the top of the tower, creating an overall height of approximately 140
feet. The project will also involve fencing in an approximately 40'x 80' area around the tower
which will contain several equipment shelters and concrete pads, the addition of two gravel
access drives, and the installation of a geothermal well field to cool and heat one of the
equipment shelters. Cornell University, Owner /Applicant; Thomas P. LiVigne, Director,
Cornell Real Estate, Agent; and
2. The Planning Board, on July 5, 2011, reviewed a Sketch Plan for the proposal and
recommended the submission of additional materials; and
3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an
uncoordinated environmental review, has, on October 4, 2011, made a negative
determination of environmental significance, after having reviewed and accepted as adequate
PB 10 -04 -2011
Page 12 of 14
a Full Environmental Assessment Form Part I, submitted and prepared by the applicant, and
Part II and Visual Addendum prepared by staff; and
4. The Planning Board, at a Public Hearing held on October 4, 2011, has reviewed and
accepted as adequate a narrative, dated September 22, 2011; site plan drawings entitled
"Cornell Monopole (Dryden Road)," prepared by Costitch Engineering, including sheets
CA100, CA110, CA111, CA500, and CR110, all dated 9/01/2011; two sets of photo
simulations prepared by Costitch Engineering, dated 3/15/11 and 7/14/11; an ambient noise
analysis report, prepared by the Wireless Business Group, dated 9/2/11; propagation studies
and equipment shelter information for Verizon Wireless, AT & T Mobility, and T- Mobile; and
other application materials;
NOW THEREFORE BE IT RESOLVED:
That the Planning Board hereby grants Special Permit for the construction of the Cornell
University Monopole, the co- location of antennas for the Verizon Wireless, AT & T Mobility, and
T- Mobile telecommunications companies, and the placement of related telecommunications
facilities, finding that the standards of Article XXIV Section 270 -200, Subsections A — L, of the
Town of Ithaca Code, have been met, and further finding that the requirements of Section 270 -
219.0 have been met, specifically, the proposed telecommunications facilities:
1. Are necessary to meet current or reasonably expected demands for services, as shown in the
propagation studies provided by the three carriers;
2. Conform with all federal and state laws and all applicable rules or regulations promulgated by
the Federal Communications Commission, Federal Aviation Administration, or any other
federal agencies having jurisdiction, as reflected in the application;
3. Are considered public utilities in the State of New York, based on New York case law;
4. Are sited, designed, and constructed in a manner which minimizes visual impact to the extent
practical and adverse impacts upon migratory and other birds and other wildlife, as shown in
the application materials and based on the information presented at the October 4, 2011
meeting;
5. Comply with all other requirements of Chapter 270 of the Town of Ithaca Code, unless
expressly superseded in Section 270 -219, as demonstrated by the application materials, as
long as the condition below for a receipt for a height variance from the Zoning Board of
Appeals is met; and
6. The proposed location is the most appropriate site among those available within the
technically feasible area for the location of the telecommunications facilities, as shown by the
application materials; and
7. The tower is designed to accommodate shared use by at least three telecommunication
service providers;
AND BE IT FURTHER RESOLVED:
1. That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the
construction of the proposed Cornell University Monopole, the co- location of antennas for the
Verizon Wireless, AT & T Mobility, and T- Mobile telecommunications companies, the
placement of related telecommunications facilities, and the co- location of the 10 -foot whip
antenna, located at 798 Dryden Road /NYS Route 366, Town of Ithaca Tax Parcel No. 65 -1-
PB 10 -04 -2011
Page 13 of 14
5.2, as shown on the above - referenced plans and materials, subject to the following
conditions:
a. Prior to consideration of Final Site Plan approval, submission of an agreement to remove
all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing,
gates, accessory equipment or structures as well as the tower, if such facilities become
technologically obsolete or cease to perform their originally intended function for more
than 12 consecutive months. Should removal be required for either of these reasons, all
facilities shall be removed within 90 days. Upon removal of said facilities, the land shall be
restored to its previous condition, including but not limited to the seeding of exposed soils;
and
b. Prior to consideration of Final Site Plan approval, submission of a completed Simple
Erosion and Sedimentation Control Plan (SWPPP) to the Town of Ithaca Public Works
Department, for review and approval by the Town Stormwater Management Officer; and
c. Prior to consideration of Final Site Plan approval, submission of any lighting details for the
project, including floodlights or any other lighting for the equipment shelters, all such
lighting to conform to the Town's Outdoor Lighting Law; and
d. Prior to consideration of Final Site Plan approval, the granting of any necessary variances
by the Zoning Board of Appeals; and
e. Prior to the issuance of any building permits, submission of a financial security bond for
the removal of the tower and property restoration, with the Town of Ithaca as the
assignee, in the amount of $50,000; and
f. The monopole shall be constructed of galvanized steel; and
g. The emergency generators shall be tested only between the hours of 9 a.m. and 5 p.m.
Mondays through Fridays, and no testing shall occur on Federal holidays; and
h. The placement of any microwave dishes on the tower is not allowed without a site plan
modification by the Town of Ithaca Planning Board; and
i. Prior to consideration of final site plan approval, submission of information specifying
whether excavated materials will be stockpiled on site or trucked off site, and if trucked off
site, a truck routing plan shall be submitted to the Department of Public Works; and
j. Prior to consideration of final site plan approval, submission of a safety analysis by a
qualified professional certifying that general public electromagnetic exposure does not
exceed standards set by the FCC or any permit granted by the FCC; and
k. Prior to consideration of final site plan approval, submission of an engineer's certification
that the telecommunications facility and all related components have been designed in
accordance with generally accepted good engineering practices and in accordance with
generally accepted industry standards, and if constructed in accordance with the plans,
the entire facility (including the soils of the site itself) will be safe, will be in accordance
with all applicable governmental building codes, laws and regulations and in accordance
with generally accepted good engineering practices and industry standards, including
without limitation, acceptable standards as to stability, wind and ice loads, and bird
protection.
Vote:
Ayes: Wilcox, Beach, Baer, Bosak, Erb
Nays: Collins, Conneman
AGENDA ITEM
Other Business
PB 10 -04 -2011
Page 14 of 14
Adjournment
Upon motion by Mr. Wilcox, the meeting adjourned at 10:25 p.m.
Respectfully submitted,
G`
De'bT@L DeAugis ' ;-Deputy ow Clerk
TOWN OF ITHACA PLANNING BOARD
215 North Tioga Street
Ithaca, New York 14850
Tuesday, October 4, 2011
AGENDA
7:00 P.M. Persons to be heard (no more than five minutes).
7:05 P.M. Presentation and discussion regarding the eight year review of the Tompkins County Agricultural District #1.
Debbie Teeter, Agriculture Program Manager, Cornell Cooperative Extension of Tompkins County.
7:25 P.M. SEQR Determination: Tompkins County Chamber of Commerce Renovations, 904 East Shore Drive.
7:25 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed
renovations to the Tompkins County Chamber of Commerce located at 904 East Shore Drive, Town of Ithaca
Tax Parcel No. 18 -2 -10, Planned Development Zone No. 5. The proposal involves renovations related to
improving the energy efficiency of the building, including replacing two windows, closing in one outside
door, installing two 12 foot long fence panels for a wind break near the northeast outside door, and other
improvements. Tompkins County Chamber of Commerce, Owner /Applicant; Jean M. McPheeters, Agent.
7:35 P.M. SEQR Determination: Simmons 2 -Lot Subdivision, 694 Coddington Road.
7:35 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot
subdivision located at 694 Coddington Road, Town of Ithaca Tax Parcel No. 49 -1 -22, Low Density
Residential Zone. The proposal involves subdividing the 2.2 +/- acre parcel into two lots, one 1.01 +/- acre
lot containing the existing house, garage, and sheds, and one 1.19 +/- acre vacant lot which has frontage on
King Road East. Alice V. Simmons, Owner; Deirdre Aleta Weaver, Applicant.
7:45 P.M. SEQR Determination: Cornell University Monopole and Three Associated Antennas, Dryden Road.
-7:45 P.M. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and Special Permit for the proposed
Cornell University monopole and three separate wireless communication antennas located on the north side
of Dryden Road (NYS Route 366) opposite the intersection with Game Farm Road, Town of Ithaca Tax
Parcel No. 65- 1 -5.2, Low Density Residential Zone. The proposal involves the construction of a 130 +/- foot
tall monopole to accommodate three separate wireless communication antennas, with a 10 +/- foot omni-
whip antenna on the top of the tower, creating an overall height of approximately 140 feet. The project will
also involve fencing in an approximately 40' x 80' area around the tower which will contain several
equipment shelters and concrete pads, the addition of two gravel access drives, and the installation of a
geothermal well field to cool and heat one of the equipment shelters. Cornell University, Owner /Applicant;
Thomas P. LiVigne, Director, Cornell Real Estate, Agent.
9. Approval of Minutes: September 6, 2011 and September 20, 2011.
10. Other Business:
11. 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, October 4, 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, October 4, 2011, at 215 North Tioga Street,
Ithaca, N.Y., at the following times and on the following matters:
7:25 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed renovations to
the Tompkins County Chamber of Commerce located at 904 East Shore Drive, Town of
Ithaca Tax Parcel No. 18 -2 -10, Planned Development Zone No. 5. The proposal involves
renovations related to improving the energy efficiency of the building, including replacing
two windows, closing in one outside door, installing two 12 foot long fence panels for a
wind break near the northeast outside door, and other improvements. Tompkins County
Chamber of Commerce, Owner /Applicant; Jean M. McPheeters, Agent.
7:35 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot
subdivision located at 694 Coddington Road, Town of Ithaca Tax Parcel No. 49 -1 -22, Low
Density Residential Zone. The proposal involves subdividing the 2.2 +/- acre parcel into
two lots, one 1.01 +/- acre lot containing the existing house, garage, and sheds, and one 1.19
+/- acre vacant lot which has frontage on King Road East. Alice V. Simmons, Owner;
Deirdre Aleta Weaver, Applicant.
7:45 P.M. Consideration of Preliminary Site Plan Approval and Special Permit for the proposed
Cornell University monopole and three separate wireless communication antennas located
on the north side of Dryden Road (NYS Route 366) opposite the intersection with Game
Farm Road, Town of Ithaca Tax Parcel No. 65- 1 -5.2, Low Density Residential Zone. The
proposal involves the construction of a 130 +/- foot tall monopole to accommodate three
separate wireless communication antennas, with a 10 +/- foot omni -whip antenna on the top
of the tower, creating an overall height of approximately 140 feet. The project will also
involve fencing in an approximately 40' x 80' area around the tower which will contain
several equipment shelters and concrete pads, the addition of two gravel access drives, and
the installation of a geothermal well field to cool and heat one of the equipment shelters.
Cornell University, Owner /Applicant; Thomas P. LiVigne, Director, Cornell Real Estate,
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.
Susan Ritter
Director of Planning
273 -1747
Dated: Monday, September 26, 2011
Publish: Wednesday, September 28, 2011
Ei AG4wMURNAL-
WedneWay,�S.eptGember 28, 2031[1 TiH _ITH _
Director of Plannin'g�
X273 -1747
Dated: Monday. Seep em.
tier 26, 2011 _
i
9/28/2011
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, October 4, 2011
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: September 26, 2011
Date of Publication: September 28, 2011
Sandra Polce, Senior Typist
Town of Ithaca
STATE OF NEW YORK) SS:
COUNTY OF TOMPKINS)
Sworn to and subscribed before me this 28`h day of September 2011.
/)P, X (� r:
Notary Public
DEBORAH KELLEY,
Notary public, State of New York
No..�01KE602i80 Count �
Qiaalified.,in, ,Schuy 17, 20 ✓.—
Commission Expires May