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HomeMy WebLinkAboutPB Minutes 2011-10-18FILE . DATE -7 TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, October 18, 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: Bruce Bates, Director of Code Enforcement; Deb DeAugistine, Deputy Town Clerk; Christine Balestra, Planner; Mike Smith, 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 SEQR Determination: Ranftle 2 -Lot Subdivision, 355 Stone Quarry Road Mr. Ranftle stated that he wants to build a very small house for himself on the back six acres. PB Resolution No. 2011 -084: SEAR, Preliminary and Final Subdivision Approval, Ranftle 2 -Lot Subdivision, 355 Stone Quarry Road, Tax Parcel No. 39 -1 -27 Moved by Hollis Erb; seconded by George Conneman WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 355 Stone Quarry Road, Town of Ithaca Tax Parcel No. 39 -1 -27, Low Density Residential Zone. The proposal involves subdividing the 8.67 + /- acre property into two lots: a 2.265 + /- acre lot containing the existing residence, and a 6.405 + /- acre vacant lot. Ronald J. Ranftle, Owner /Applicant; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the Lead Agency in the environmental review with respect to Subdivision Approval; and 3. The Planning Board on October 18, 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 entitled "No. 355 Stone Quarry Road, Town of Ithaca, Tompkins County, New York" prepared by T.G. Miller P.C., dated 3/29/2007 and revised 9/1/2011, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: PB 10 -18 -2011 Page 2 of 11 That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Part II referenced above, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, an 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 355 Stone Quarry Road, Town of Ithaca Tax Parcel No. 39 -1 -27, Low Density Residential Zone. The proposal involves subdividing the 8.67 +/- acre property into two lots, a 2.265 +/- acre lot containing the existing residence and a 6.405 +/- acre vacant lot. Ronald J. Ranftle, Owner /Applicant Mr. Wilcox opened the public hearing at 7:08 p.m. Mr. Bates commented that from the house to the side -yard property line towards the tennis court, it looks close to the side -yard property line. Ms. Balestra verified that the distance is not on the mylar copy, but that it seems to be about 40 feet. Mr. Ranftle thought it was 42 feet, but agreed to provide documentation. Regarding the tennis court, Mr. Ranftle said that the structures are 4' x 4' posts, which are mostly gone, and which he will remove completely; he is taking out all chicken wire fencing, but would like to leave the asphalt because it's level with the ground, and he wants to use it as part of a driveway. Before he got four -wheel drive, he used to have to park at the bottom, so he'd like to keep that flat surface where a car can be parked. There's a steep gully at the end of the driveway. He's talking to the people who are buying the front property about leaving an easement to allow him to use the driveway to get to the back property. He said it would take a lot of money to put in an embankment, but he would like to have that as an option down the road for access. Ms. Balestra commented that the Town engineers believe that the existing culvert may be extended to the new property, which would then not necessitate another stream crossing. It would not have an impact on the stream. Mr. Raftle said that the person who is interested parcel A is a friend of his; the buyer is working with his attorney on an agreement. The only problem for him is that if the current buyer moves, the new owner might block the driveway, so he wants to keep the easement as an option. Ms. Brock stated that the easement agreement will take care of any construction that needs to be done. However, sometimes the Board requires a shared - driveway agreement to assure that the owners work out maintenance, snow removal, repairs, etc. Ms. Baer commented that she has a shared driveway agreement because it's the only way to get to the house. She thought that since Mr. Ranftle has another way in, the issue needs to be worked out between him and the property owner. If they can't come to agreement, Mr. Ranftle will have to put in a driveway. Ms. Brock agreed that that was a reasonable way to define when a shared - driveway agreement is needed. The access easement will still be required. PB 10 -18 -2011 Page 3 of 11 Mr. Wilcox closed the public hearing at 7:18 p.m. PB Resolution No. 2011 -085: Preliminary and Final Subdivision Approval, Ranftle 2 -Lot Subdivision, 355 Stone Quarry Road, Tax Parcel No. 39 -1 -27 Moved by John Beach; seconded by Hollis Erb WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 355 Stone Quarry Road, Town of Ithaca Tax Parcel No. 39 -1 -27, Low Density Residential Zone. The proposal involves subdividing the 8.67 + /- acre property into two lots: a 2.265 + /- acre lot containing the existing residence, and a 6.405 + /- acre vacant lot. Ronald J. Ranftle, Owner /Applicant; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in the environmental review with respect to Subdivision Approval, has on October 18, 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 18, 2011 has reviewed and accepted a survey map entitled "No. 355 Stone Quarry Road, Town of Ithaca, Tompkins County, New York" prepared by T.G. Miller P.C., dated 3/29/2007 and revised 9/1/2011, and other application materials; NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision located at 355 Stone Quarry Road, as shown on the survey map entitled "No. 355 Stone Quarry Road, Town of Ithaca, Tompkins County, New York," dated 3/29/2007 and revised 9/1/2011, 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 revised subdivision plat and three dark -lined prints showing the distance between the house on parcel A and the new lot line to the north, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing with the Tompkins County Clerk's Office to the Town of Ithaca Planning Department, and b. Submission of a copy of the driveway access easement that allows access to Parcel B from Parcel A, for review and approval by the Attorney for the Town, prior to the issuance of any building permits for Parcel B, and c. Submission of a copy of the septic system permit issued by the Tompkins County Health Department, prior to the issuance of any building permits for Parcel B, and d. The owner of Parcel B shall contact the Town of Ithaca Public Works Department to determine if a fill permit and /or stormwater permit would be required for any future new driveway access to Parcel B from Stone Quarry Road, and e. Receipt of any necessary variances from the Zoning Board of Appeals. Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb PB 10 -18 -2011 Page 4 of 11 AGENDA ITEM SEQR Determination: Emergency Generator for Telecommunications Facility, 385 King Road West Mr. Hulshart, the Sprint representative for fuel cell generator installations, stated that for this installation, there is no expansion of the compound, the height of the equipment is six feet, so it doesn't alter the appearance of the site, and there is nothing to attach to the existing silo. The difference with this application from others in the Town is that it is a fuel cell generator. It has different characteristics than a gas or diesel generator. He explained how fuel cells work. The hydrogen is pressed through the fan into a sticky plastic membrane, along with naturally occurring oxygen. As it goes through the membrane, electricity is created. This fuel cell will have sufficient hydrogen to be able to run for three days without power. Sprint and the Department of Energy are working on an experimental plan, as a green technology, to get away from diesel, which can spill and cause environmental problems. Fuel cells have no carbon emissions: their only byproducts other than electricity are water and heat. Mr. Bates asked how much fuel will be stored on site; it needs to meet the requirements of NFPA. He also wanted to know the distances from structures. Mr. Hulshart responded that it meets all applicable codes for storage of gaseous fuels. The codes are listed on page T -1. The amount of hydrogen stored at its maximum is 8000 cubic feet. They are in a series of canisters that are housed in a metal 6- foot -tall cabinet. Mr. Bates said that New York State has its own revision of international codes. Mr. Hulshart responded that they abide by local as well as international codes. This is a standard template they use for all jurisdictions Ms. Brock pointed out that page T -1 states that they follow 2009 international building codes with state modifications. Mr. Bates responded that the 2009 version is better than the 2006 version; it just needs to be compliant with New York State code, so it's up to the Board if they want a new cover sheet. Mr. Slottje recommended changing the cover sheet to the correct reference of specific code, which Mr. Bates said is the 2010 NYS Fire and Building code. To a question from Ms. Erb, Mr. Bates stated.that the silo itself is made from non - combustible cinder block or concrete, but the material inside is combustible. Mr. Bosak stated that he is in favor of the proposal; he likes hydrogen since if there's a spill, it's not going to be like an oil spill. He took issue, however, with Mr. Hulshart's statement that hydrogen is a green technology: the only reason it's not making emissions is that those emissions are happening somewhere else when the hydrogen is being manufactured. Ms. Erb commented that she likes the colocation on the silo; Mr. Wilcox agreed, saying the farmer gets extra income, and people driving by have no idea it's there. PB Resolution No. 2011 -086: SEAR, Preliminary & Final Site Plan Approval, Emergency Generator for Telecommunications Facility, 385 West King Road, Tax Parcel No. 35 -3 -1 Moved by Hollis Erb; seconded by Linda Collins PB 10 -18 -2011 Page 5 of 11 WHEREAS: This action is Consideration of Preliminary & Final Site Plan Approval for the proposed installation of an emergency generator for the existing telecommunications facility located on a silo at 385 West King Road, Town of Ithaca Tax Parcel No. 35 -3 -1, Agricultural Zone. The proposal involves installing an emergency generator and other cabinets associated with the hydrogen fuel cell on a new concrete pad within the existing fenced equipment area. George Voss, Owner; Sprint, Applicant; Mark Hulshart, Principal, Hulshart & Associates, LLC, Agent; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to Site Plan Approval; and 3. The Planning Board, on October 18, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by Town Planning staff; a narrative and photos prepared by the applicant; site plan drawings titled "IWO, AL43XC746, 385 West King Road, Ithaca, NY, 14850, Co- Location," including sheets T -1, titled "Title Sheet & Project Data," C -1, titled "Overall Site Plan," sheet C -2, titled "Site Plan," and sheet S -1, titled "Equipment Cabinet Details," all prepared by Soon Lee Tho, Licensed Professional Engineer for Black & Veatch, and dated 8/10/2011; 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 based on the information in the Short Environmental Assessment Form Part I and for the reasons set forth in the Short Environmental Assessment Form Part II referenced above, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, an 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 installation of an emergency generator for the telecommunications facility located on a silo at 385 King Road West, Town of Ithaca Tax Parcel No. 35 -3 -1, Agricultural Zone. The proposal involves installing an emergency generator and other cabinets associated with the hydrogen fuel cell on a new concrete pad within the existing fenced equipment area. George Voss, Owner; Sprint, Applicant; Mark Hulshart, Principal, Hulshart & Associates, LLC, Agent. Mr. Wilcox opened the public hearing at 7:40 p.m. Ms. Brock confirmed for Mr. Bosak that the language in the resolution regarding an engineer certifying that the fuel cell will not endanger the "life, health, welfare, or property of any person" comes directly from the code verbatim. PB 10 -18 -2011 Page 6 of 11 Mr. Slottje, referencing an email sent by the Mr. Hulshart taking issue with the above language, said he was very sympathetic to the issue he raises. Mr. Slottje stated that this is the same issue that he raised on the Town's behalf at the last meeting, but in a different context [context not given]. He said he personally takes a lot more comfort from someone who takes the position Mr. Hulshart has taken, with respect to whatever certification he does give, than someone who signs whatever is put in front of him. Mr. Bosak agreed, saying he didn't see how anyone could make such certification, but that the Planning Board is not in a position to correct the Town Board on a law they passed. Mr. Hulshart stated that the applicants are not trying to skirt adherence to any code or known standard: they typically build to the most rigid standard. He said that if the Board wants a document that says they will comply with the 2006 code, they will provide it, but they'll still comply with the 2010 standard because it is more rigid. Mr. Slottje asked whether the applicant could get a variance. Ms. Brock answered that the ZBA can grant area variances and use variances. They can't say if a certain requirement is legal or not. Mr. Slottje asked whether there's a provision in the variance section of the zoning code, such as a preface, that states when someone can get relief from literal requirements. Ms. Brock responded that the ZBA can do interpretations, but there's no room to interpret here. Ms. Slottje suggested that an interpretation might be that everyone agreed that it would be nonsensical to give that certification. Ms. Erb continued, asking whether there's anything like a "reasonable people" interpretation. Ms. Brock said there wasn't. Ms. Brock suggested that the Planning Board consider adding a requirement for removal of equipment if it is not used for a 12 -month period. Ms. Erb suggested that it might not be necessary because this is not a publicly viewable space, but that since the Board has specifically required it on other occasions, it should be put in the record as to why this is not being required. Mr. Bosak disagreed, recommending instead using the boilerplate the Board has come up with, and making sure to use it in future situations like this. As a general principle, the Board doesn't want abandoned stuff lying around the landscape. Ms. Erb agreed, and the Board decided on 90 days. Mr. Slottje asked what gives the Planning Board the ability to waive certain requirements if they determine that the purpose of the law isn't frustrated. Ms. Brock responded that the Board has the ability to reduce the requirement for parking spaces by a certain percentage under certain conditions, but that's written specifically into the code. She's not aware of any general power. Mr. Wilcox closed the public hearing at 7:56 p.m. Mr. Hulshart stated that their biggest concern was the issue the Board had the discussion on, and he recognized the dilemma the Board was facing. The ideal would be for people not to have to attest to that in the future. PB 10 -18 -2011 Page 7 of 11 Mr. Slottje, referencing a resolution in the minutes for September 6 regarding ignoring items on the checklist, asked where the authority is derived from that allows the Board to do that. Ms. Brock responded that Section 270 -187 of the code allows the Board to waive only requirements to be shown on the site plan. PB Resolution No. 2011 -087: Preliminary & Final Site Plan Approval, Emergency Generator for Telecommunications Facility, 385 West King Road, Tax Parcel No. 35 -3 -1 Moved by Hollis Erb; seconded by John Beach WHEREAS: 1. This action is Consideration of Preliminary & Final Site Plan Approval for the proposed installation of an emergency generator for the existing telecommunications facility located on a silo at 385 West King Road, Town of Ithaca Tax Parcel No. 35 -3 -1, Agricultural Zone. The proposal involves installing an emergency generator and other cabinets associated with the hydrogen fuel cell on a new concrete pad within the existing fenced equipment area. George Voss, Owner; Sprint, Applicant; Mark Hulshart, Principal, Hulshart & Associates, LLC, Agent; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in an environmental review with respect to the project has, on October 18, 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 a Part II prepared by Town Planning staff; and 3. The Planning Board, at a Public Hearing held on October 18, 2011, has reviewed and accepted as adequate a narrative and photos prepared by the applicant; site plan drawings titled "IWO, AL43XC746, 385 West King Road, Ithaca, NY, 14850, Co- Location," including sheets T -1, titled "Title Sheet & Project Data," C -1, titled "Overall Site Plan," sheet C -2, titled "Site Plan," and sheet S -1, titled "Equipment Cabinet Details," all prepared by Soon Lee Tho, Licensed Professional Engineer for Black & Veatch, and dated 8/10/2011; and other application materials; NOW, THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary & Final Site Plan Approval for the proposed Sprint emergency generator and associated cabinets located at 385 West King Road, as shown on plans entitled "IWO, AL43XC746, 385 West King Road, Ithaca, NY, 14850, Co- Location," including sheets T -1, C -1, C -2, and S -1, prepared by Soon Lee Tho, Licensed Professional Engineer for Black & Veatch, and dated 8/10/2011; subject to the following conditions: a. Submission, prior to the issuance of a building permit, of a large size original of the final site plan (Sheets C -1, C -2, and S -1) on mylar, vellum, or paper, bearing the original PB 10 -18 -2011 Page 8 of 11 stamp, seal, and signature of the licensed engineer who prepared the site plan, to be retained by the Town of Ithaca, and b. Submission, prior to the issuance of a building permit, of a revised agreement to remove all antennas, mounts, accessory structures, equipment (including the hydrogen fuel cell generator and storage cabinet), fencing, lighting and utilities if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months, with removal to occur within 90 days after the expiration of the 12- month period, and c. Submission, prior to the issuance of a building permit, of a certification by a professional engineer licensed to practice in the State of New York, that the hydrogen fuel cell emergency generator conforms with all federal and state laws and standards and will not endanger the life, health, welfare, or property of any person, and d. Submission, prior to the issuance of a building permit, of copies of the Federal Communications Commission (FCC) license, is applicable, and of all documents submitted to the FCC or any other governmental agency having jurisdiction over the facility. Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb AGENDA ITEM SEQR Determination: Circle Apartments Expansion Project Conditions, 1033 Danby Road Mr. Sieverding and Mr. Couture were present. Mr. Sieverding stated that at the time the resolution granting final site plan approval was passed, they hadn't thought far enough ahead to realize that the community building would be finished far in advance of the apartments. He pointed out that in a letter he wrote to Mike Smith outlining the issues, item H ( "all permits have been issued ") is not correct: they do not have the permit from the DOT for highway expansion, because they're still going back and forth on highway design details. Mr. Wilcox reiterated that the request is to use the community center before the apartment buildings are ready. Ms. Erb stated that since Town engineering staff were not present, she would take their absence as assurance that the addition to the community building is a trivial issue as to the stormwater. Ms. Balestra responded that if the engineers had concerns, they would have attended the meeting. There was discussion regarding the incorrect tax parcel numbering in the resolution; the parcel numbers in the header and in the body don't agree. Parcel #41-1 -2.1 does not exist. The legal notice also used a wrong parcel number (39.- 1 -2.3). The correct parcel numbers are 41-1 -2.2 and 41- 1 -2.3. Mr. Bosak thought it unlikely that anyone who did not come to the public hearing would have come if the parcel numbers had appeared correctly. Ms. Erb stated that the morning radio announcement referred only to College Circle Apartments. Ms. Brock did not think it was a problem. PB Resolution No. 2011 -088: SEAR, Modification of Planning Board Conditions, Ithaca College — Circle Apartments Expansion, Tax Parcel No.'s 43 -1 -2.2 and 43 -1 -2.3 Moved by Ellen Baer, seconded by Hollis Erb PB 10 -18 -2011 Page 9 of 11 WHEREAS: 1. This action is consideration of modifications to several Planning Board conditions from the January 18, 2011 Final Site Plan Approval for the Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 43 -1 -2.2 and 43- 1 -2.3, Multiple Residence Zone. The action involves modification of conditions "e ", "h ", "i", Ill, "q ", and 'Y' in the January 18, 2011 resolution to allow an exception for the addition to the Community Building to receive a certificate of occupancy prior to completion of these conditions. The conditions would still be required to be met prior to issuance of a certificate of occupancy for all other aspects of the expansion project, only the Community Building addition would be granted an exception. Ithaca College, Owner /Applicant; Herman Sieverding, Vice President, Integrated Acquisition & Development, Agent, 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 the Site Plan Modifications, and 3. The Planning Board, on October 18, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, a narrative provided by the applicant (dated September 28, 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 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 ll, 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 modifications to several Planning Board conditions from the January 18, 2011 Final Site Plan Approval for the Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 43 -1 -2.2 and 39- 1 -2.3, Multiple Residence Zone. The modifications involve several conditions from the January 18, 2011 approval that required those conditions to be completed prior to any certificates of occupancy being issued. The applicant has requested these conditions be changed to allow a certificate of occupancy be issued for the addition to Community Building prior to the conditions being completed. Ithaca College, Owner /Applicant; Herman Sieverding, Vice President, Integrated Acquisition & Development, Agent Mr. Wilcox opened the public hearing at 8:15 p.m. and closed the public hearing at 8:17 p.m. PB Resolution No. 2011 -089: Modification of Planning Board Conditions, Ithaca College — Circle Apartments Expansion, Tax Parcel No.'s 43 -1 -2.2 and 43 -1 -2.3 PB 10 -18 -2011 Page 10 of 11 Moved by George Conneman, seconded by Hollis Erb WHEREAS: 1. This action is consideration of modifications to several Planning Board conditions from the January 18, 2011 Final Site Plan Approval for the Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 43 -1 -2.2 and 43- 1 -2.3, Multiple Residence Zone. The action involves modification of conditions "e ", "h ", 'gill, "j", "q ", and Y' in the January 18, 2011 resolution to allow an exception for the addition to the Community Building to receive a certificate of occupancy prior to completion of these conditions. The conditions would still be required to be met prior to issuance of a certificate of occupancy for all other aspects of the expansion project, only the Community Building addition would be granted an exception. Ithaca College, Owner /Applicant; Herman Sieverding, Vice President, Integrated Acquisition & Development, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in an environmental review with respect to the project has, on October 18, 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 a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on October 18, 2011, has reviewed and accepted as adequate, a narrative provided by the applicant (dated September 28, 2011), and other application materials, and NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants modifications to Conditions "e ", "h ", "i$% "j ", "q ", and 'Y' from the January 18, 2011 Final Site Plan Approval for the Circle Apartments Expansion project (PB Resolution No. 2011 -007), by adding at the end of each of these conditions after "prior to issuance of any certificate of occupancy" the phrase "for any apartment building," subject to the following condition: a. all other conditions from the January 18, 2011 Final Site Plan Approval (PB Resolution No. 2011 -007) still apply. Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb AGENDA ITEM Approval of Minutes PB RESOLUTION No. 2011 -090: Minutes of September 6, 2011 Moved by Fred Wilcox; Seconded by John Beach WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on September 6, 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 on September 6. PB 10 -18 -2011 Page 11 of 11 Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb AGENDA ITEM Other Business Mr. Wilcox reminded everyone about the four -hour training requirement; the Town is reasonably accommodating as to most any training as long as it has something to do with planning. Mr. Beach commented that Webinars are scheduled at times he can't attend, but that he's learned that they're available on the Town's web site. He also said the web link was down. Mr. Smith will let the Board know when the link is back up. Ms. Balestra said the Judy Drake keeps track of the hours. Ms. Erb brought up expiring terms. Ms. Baer's and Mr. Slottje's terms are up. They need to let the Town Board know of their continuing interest. Mr. Wilcox and Ms. Erb are interested in continuing as Chair and Vice Chair. Adjournment Upon motion by Mr. Beach, the meeting adjourned at 8:30.m. Respectfully submitted, Debra DeANqis.tine, Deputy To Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, October 18, 2011 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Ranftle 2 -Lot Subdivision, 355 Stone Quarry Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 355 Stone Quarry Road, Town of Ithaca Tax Parcel No. 39 -1- 27, Low Density Residential Zone. The proposal involves subdividing the 8.67 +/- acre property into two lots, a 2.265 +/- acre lot containing the existing residence and a 6.405 +/- acre vacant lot. Ronald J. Ranftle, Owner /Applicant. 7:15 P.M. SEQR Determination: Emergency Generator for Telecommunications Facility, 385 King Road West. 7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed installation of an emergency generator for the telecommunications facility located on a silo at 385 King Road West, Town of Ithaca Tax Parcel No. 35 -3 -1, Agricultural Zone. The proposal involves installing an emergency generator and other cabinets associated with the hydrogen fuel cell on a new concrete pad within the existing fenced equipment area. George Voss, Owner; Sprint, Applicant; Mark Hulshart, Principal, Hulshart & Associates, LLC, Agent. 7:30 P.M. SEQR Determination: Circle Apartments Expansion Project Conditions, 1033 Danby Road. 7:30 P.M. PUBLIC HEARING: Consideration of modifications to several Planning Board conditions from the January 18, 2011 Final Site Plan Approval for the Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 43 -1 -2.2 and 39- 1 -2.3, Multiple Residence Zone. The modifications involve several conditions from the January 18, 2011 approval that required those conditions to be completed prior to any certificates of occupancy being issued. The applicant has requested these conditions be changed to allow a certificate of occupancy be issued for the addition to Community Building prior to the conditions being completed. Ithaca College, Owner /Applicant; Herman Sieverding, Vide President, Integrated Acquisition & Development, Agent. Approval of Minutes: September 6, 2011, September 20, 2011 and October 4, 2011. 9. Other Business: 10. 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 18, 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 18, 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 Subdivision Approval for the proposed 2 -lot subdivision located at 355 Stone Quarry Road, Town of Ithaca Tax Parcel No. 39 -1 -27, Low Density Residential Zone. The proposal involves subdividing the 8.67 +/- acre property into two lots, a 2.265 +/- acre lot containing the existing residence and a 6.405 +/- acre vacant lot. Ronald J. Ranftle, Owner /Applicant. 7:15 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed installation of an emergency generator for the telecommunications facility located on a silo at 385 King Road West, Town of Ithaca Tax Parcel No. 35 -3 -1, Agricultural Zone. The proposal involves installing an emergency generator and other cabinets associated with the hydrogen fuel cell on a new concrete pad within the existing fenced equipment area. George Voss, Owner; Sprint, Applicant; Mark Hulshart, Principal, Hulshart & Associates, LLC, Agent. 7:30 P.M. Consideration of modifications to several Planning Board conditions from the January 18, 2011 Final Site Plan Approval for the Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 43 -1 -2.2 and 39- 1 -2.3, Multiple Residence Zone. The modifications involve several conditions from the January 18, 2011 approval that required those conditions to be completed prior to any certificates of occupancy being issued. The applicant has requested these conditions be changed to allow a certificate of occupancy be issued for the addition to Community Building prior to the conditions being completed. Ithaca College, Owner /Applicant; Herman Sieverding, Vide President, Integrated Acquisition & Development, 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: Friday, October 7, 2011 Publish: Wednesday, October 12, 2011 Ll Wednesday; October 6 �G` THE RHACA j_ p NA Town of Ithaca Planning Board 215 North Tioga Street October 18, 20117:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You f',,N -0 ;e / 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 Tio2a Street, Ithaca, New York on Tuesday October 18 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: October 7, 2011 Date of Publication: October 12, 2011 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 12`h day of October 2011. mvw' Gjuit�c Notary Public CARRIE WHITMORE Notary No. 01 W w York H6052877 Tioga County Commission Expires December 26�0�