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HomeMy WebLinkAboutPB Minutes 2011-11-15FILE TOWN OF ITHACA PLANNING BOARD MEETING DATE Tuesday, November 15, 2011 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Fred Wilcox (Chair), Linda Collins, John Beach, Ellen Baer, Jon Bosak, Hollis Erb Staff Present: Susan Ritter, Director of Planning; Bruce Bates, Director of Code Enforcement; Dan Tasman, Planner; Chris Balestra, Planner; Deb DeAugistine, Deputy Town Clerk; 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 SEAR Determination: Therm Inc. Rooftop Solar Photovoltaic System, 1000 Hudson Street Extension Zack Drescher, Warner Energy, stated that Therm has contracted with Warner Energy to do a 33 kw solar photovoltaic array connected in parallel with NYSEG's distribution system. The project has been approved by NYSEG for the connection of the system and through NYSERDA for $1.75 per watt, for a total of $57,750. The contract had a contingency for them to finish by December 31, 2011 in order for them to achieve the Federal Treasury grant in lieu of the federal tax credit. Mr. Bosak commented that the angle of the array was surprising, saying that 25 degrees from horizontal seems like deep summertime. Mr. Drescher responded that based on production, this angle optimizes the efficiency, and the steep angle allows it to shed snow in winter more easily. A recent installation at 20 Aldi stores in New York and New Jersey positioned the arrays at a 10- degree angle. Because of ballast loads and wind loads on top of the roof, to reduce ballast, there are certain weight characteristics to structurally make it work. Mr. Wilcox said that tilting to 45 degrees creates a sail. PB Resolution No. 2011 -096: SEOR, Preliminary and Final Site Plan Approval, Therm Rooftop Photovoltaic System, 1000 Hudson Street Extension, Tax Parcel 54 -2 -1 Moved by Ellen Baer; seconded by Hollis Erb WHEREAS: 1. This is consideration of Preliminary and Final Site Plan Approval for a proposed photovoltaic solar panel array at the Therm Inc. facility located at 1000 East Hudson Street Extension, Town of Ithaca, Tax Parcel No. 54 -2 -1, Light Industrial zone. The proposal involves Planning Board Draft 11 -15 -2011 Page 2 of 13 installation of an array of photovoltaic solar panels on the roof of the eastern wing of the Therm factory building. The panels will be placed on 11 ballasted aluminum mounts, and oriented towards the southwest at an angle of 250 from the horizontal roof plane. The panels cover a surface area of 2,156 square feet. Therm, Inc., Owner /Applicant; Warner Energy Technologies, LLC, 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 Preliminary and Final Site Plan, and 3. The Planning Board on November 15, 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 "Therm Inc — 1000 Hudson St Ext — Ithaca, NY 33.0 kW Ballasted Rooftop Array", dated received on October 20, 2011, prepared by Warner Energy, 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, Beach, Baer, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval for the proposed rooftop solar photovoltaic system at Therm Inc., located at 1000 Hudson Street Extension, Town of Ithaca Tax Parcel No. 54 -2 -1, Light Industrial Zone. The proposal involves installing a 33kW rooftop ballasted solar photovoltaic system on the main building at Therm Inc. Therm Inc., Owner /Applicant; Warner Energy Technologies, LLC, Agent Mr. Wilcox opened the public hearing at 7:10 p.m. Michele Palmer, 153 Pearsall Place, stated that she lives adjacent to the property and that she was at the meeting representing neighbors. She wasn't sure if the photovoltaics would be visible from their homes. She and the neighbors wanted to bring to the Board's attention an existing negative condition in terms of the visual impact: having an industrial use next to the back property lines of the neighboring homes has put a burden on neighbors to screen their views. The Therm parking lot and the building loom above their homes. The land that is on the neighbors' side of Therm's fence is like a no man's land — the Therm folks never come to the other side of the fence to do any kind of maintenance, so it's a place where a lot of invasive species are growing. It has become the neighbors' burden to clear it out periodically if they don't want to look at it. They are requesting that the Board consider the screening from the neighbors' point of view. The applicant's material points out that there is screening from the other direction, where the arrays will be pointing, but there is no screening from their direction. When she and her husband purchased the property five years ago, it was a total jungle of wild grape and black raspberry, etc, but over the years, her husband has cleared out a lot, leaving many of the trees and also planting spruces in front of the bank on their property. Planning Board Draft 11 -15 -2011 Page 3 of 12 Linda Nicholson, 145 Pearsall Place, stated that her property adjoins the applicant's property. She's lived there for 17 years. In June 2010, she installed her own photovoltaic array across the back of her back yard, facing Therm. She thinks Therm's proposed project is a wonderful thing. While she appreciates her neighbors' issue with the view, from her perspective, the clear view allows the sun to hit her solar panels. She requested that if they are going to plant things, they leave a clear view. Samuel Sarkissian, 149 Pearsall Place, stated that he has lived there for 23 years, and not much has changed. Maybe once, they have come on the neighbors' side of the fence and cut the grass. Carol Ciaschi, 157 Pearsall Place, has lived there for 38 years, and is in her backyard all the time. She's been fighting the grape vines for years. Some walnut trees have come up and one, which is on the bank of Therm, is rotting and falling over and is now covered in vines. It used to grow into their back yard, but they've cleaned it up and keep trying to push it back. Ms. Collins asked whether anyone in the neighborhood has approached Therm regarding cleaning up. Shawn Creighton, 153 Pearsall Place, responded that there was a large tree that was bad on the neighborhood side of Therms' fence, and he had to pay to take it down. He talked to Therm, but they denied it was theirs and refused to do anything or help pay to take it down. Ms. Nicholson said she has had quite a bit of communication with Therm regarding the no man's land on the neighborhood side of Therm's fence. They said she should do what she wants. They've been cooperative in allowing her to do things, including pitching things over the fence as she cleans up. Mr. Wilcox closed the public hearing at 7:22 p.m. Mr. Wilcox asked what the current Town requirements are for screening a light industrial area from a residential area. If someone came in today with a proposal, what would be the requirements? Ms. Brock responded that there is a buffer requirement that is either visual or fencing. The visual buffer requirement for light industrial is the same as for commercial zones, which is either a strip at least 10 feet wide, suitably planted to screen a commercial zone from present or future residences, or a suitable screening fence. This does not imply that screening has to be done now. The site plan complied with the zoning at the time. Mr. Bates noted that the property maintenance law requires that a property be maintained. This needs to be looked at as part of the fire safety- inspection process, and it's possible it has never been done. Ms. Brock noted that Ms. Palmer mentioned light issues in her letter, and that the Town does have a lighting law. If the neighbors feel that light is trespassing onto their properties, they can discuss it with Code Enforcement. This Planning Board, with the current application before it, does not have the power to impose a condition of screening that has nothing to do with this project. If the screening has nothing to do with the arrays, they do not have the legal ability to impose a condition regarding it. If there is a light trespass issue, vegetative screening might address it. Ms. Balestra agreed that the screening is insufficient, but it does not have anything to do with the solar panels — they will not be visible to the neighbors. Planning Board Draft 11 -15 -2011 Page 4 of 12 PB Resolution No. 2011 -097: Preliminary and Final Site Plan Approval, Therm Rooftop Photovoltaic System, 1000 Hudson Street Extension, Tax Parcel 54 -2 -1 Moved by John Beach; seconded by Ellen Baer WHEREAS: This is consideration of Preliminary and Final Site Plan Approval for a proposed photovoltaic solar panel array at the Therm Inc. facility located at 1000 East Hudson Street Extension, Town of Ithaca, Tax Parcel No. 54 -2 -1, Light Industrial zone. The proposal involves installation of an array of photovoltaic solar panels on the roof of the eastern wing of the Therm factory building. The panels will be placed on 11 ballasted aluminum mounts, and oriented towards the southwest at an angle of 25° from the horizontal roof plane. The panels cover a surface area of 2,156 square feet. Therm, Inc., Owner /Applicant; Warner Energy Technologies, LLC, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval, has on November 15, 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 November 15, 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 "Therm Inc — 1000 Hudson St Ext — Ithaca, NY 33.0 kW Ballasted Rooftop Array ", dated received on October 20, 2011, prepared by Warner Energy, and other application materials, NOW THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board grants Preliminary and Final Site Plan Approval for a proposed photovoltaic solar panel array at the Therm Inc. facility located at 1000 East Hudson Street Extension, Town of Ithaca, Tax Parcel No. 54 -2 -1 as shown on a site plan titled "Therm Inc — 1000 Hudson St Ext — Ithaca, NY 33.0 kW Ballasted Rooftop Array ", dated received on October 20, 2011, prepared by Warner Energy, and other application materials, subject to the following condition: a. A building permit is required for the installation of the proposed rooftop photovoltaic solar panel array. Vote: Ayes: Wilcox, Collins, Beach, Baer, Bosak, Erb AGENDA ITEM SEOR Determination: Agava Restaurant Additions, 381 Pine Tree Road Planning Board Draft 11 -15 -2011 Page 5 of 12 Gregor Brous introduced the project. He said that the minor changes will make the building much more functional and will allow them to put out an exquisite product in an underserved area. Ms. Erb asked where all the entrances for the public will be. Mr. Brous responded that the entry will be at the south end of the building. The ramp will bring patrons to a small vestibule with double doors to protect them from the weather. The old entrance in the front will not be used; the one in the rear will be the handicapped access for the lower level. Both levels. will be handicapped accessible. Ms. Erb pointed out that handicapped patrons who come to the upper level will have no toilet facilities, nor are the toilets indicated as being handicapped accessible. Mr. Brous responded that they plan on using the existing bathrooms. Mr. Wilcox said that patrons used to have to enter in the middle of the lower level and had to step up to the bar; now they'll enter at the bar level. Ms. Erb expressed concern over the handicapped accessibility issue. On the drawing, the handicapped parking indicated is at the front, which means the handicapped get to go up the ramp to the bar, but don't get to use the other parts of the restaurant or the toilets. There is assigned handicapped parking at the back, but it is not indicated on the drawing. She stated that this was upsetting to her. PB Resolution No. 2011 -098: SEAR, Preliminary and Final Site Plan & Special Permit, Agava Restaurant, 381 Pine Tree Road, Tax Parcel No.'s 62 -2 -1.123 & 62 -2 -13.4 Moved by John Beach; seconded by Ellen Baer WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Agava Restaurant located at 381 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62 -2 -1.123 and 62 -2 -13.4, Community Commercial Zone. The proposal involves converting the existing building into a new restaurant. For the new restaurant, a new 80 +/- square foot vestibule with ramping and a 320 +/- square foot addition on the east side of the building for a walk in cooler, kitchen expansion, and new rear entry is being added to the building. Cornell University, Owner /Applicant; Scott Smith, Latipac Builders, 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 Site Plan Approval and Special Permit, and 3. The Planning Board, on November 15, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, Part II prepared by Town Planning staff, drawings titled " Agava Proposed Addition, Cornell University," including Sheet S -1.1, titled "Site Plan," dated 11/4/2011 and Sheets A -1.1, titled "Foundation Plan," A -1.2, titled "Floor Plan," A -2.1, titled "Building Elevations," and A -2.2, titled "Building Elevations," dated 9/30/2011, all prepared by Ramsgard Architectural Design, P.C., Inc., 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 and Special Permit; Planning Board Draft 11 -15 -2011 Page 6 of 12 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, Collins, Beach, Baer, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Agava Restaurant located at 381 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62 -2 -1.123 and 62 -2 -13.4, Community Commercial Zone. The proposal involves converting the existing building into a new restaurant. For the new restaurant, a new 80 +/- square foot vestibule with ramping and a 320 +/- square foot addition on the east side of the building for a walk in cooler, kitchen expansion, and new rear entry is being added to the building. Cornell University, Owner /Applicant; Scott Smith, Latipac Builders, Agent. Mr. Wilcox opened the public hearing at 7:40 p.m. Ms. Erb stated that this is likely to attract handicapped parkers to the wrong entrance. People who just want to come and park for a meal are going to be parking in the wrong place. Mr. Brous said that it is his intent to have signed handicapped parking in the rear. The access will be the rear door, which was historically used for handicapped accessibility, and he plans on having signage so anyone who goes to the back will clearly understand that they have access to that lower level. He agrees that it is absolutely necessary. Mr. Wilcox stated that the purpose of the signage is to make it clear to handicapped individuals that it is best for them to go to the rear, because if they come in the front, they're stuck on the upper level. Ms. Erb. suggested that until people learn, there will still be people who are upset. They'll see the lovely new covered entrance inviting them to park near the ramp, and they'll park there and be stuck in the wrong part of the building. The back isn't seen — people have to know that they're supposed to park there. Mr. Brous agreed that sufficient signage is needed, and that employees need to verbally indicate this as patrons enter. Mr. Bosak observed that they could get around the whole issue by making a smaller entrance and a larger staircase. Ms. Collins agreed, and said that, although the Board cannot make that suggestion formally, it is something the applicants might consider to make the whole restaurant available to everyone. Mr. Bates had comments regarding compliance. This is a pre- existing structure, so the code only requires them to do certain things regarding handicapped parking. First, they need to be able to get into the building; second, they need to be able to access services (i.e., the bathrooms). A percentage of their total cost determines what they have to put toward that condition. He stated Planning Board Draft 11 -15 -2011 Page 7 of 12 that if the rear parking lot is gravel, it will not work — the surface has to be something a handicapped person can navigate on. Mr. Bosak asked where the. name Agava came from. Mr. Brous responded that the botanical plant spelled with an "e" is sometimes spelled with an "a." It's a little offbeat and it fits Ithaca. Mr. Wilcox closed the public hearing at 7:50 p.m. Mr. Wilcox stated that the handicapped parking issue is confusing. Patrons are invited to the front with handicapped spaces and the new entrance. From the top level, they can't get to the bottom level, and they can't get to the bathrooms. Mr. Bates brought up code issues and possible variances. The drawing shows the name of the road as Macadan Drive. This is from the original survey map, but it's not in the 911 system. That should be removed. This has ceased being a restaurant for over a year, and in the zone which it's in, it is not allowed except by special permit. They will need setback variances. The building use is existing non - conforming, and on the southeastern part of the addition, they're adding to the nonconformity. They did not give the measurement from the east side of the building to the property line boundary; if that is less than 6 feet, they will need a state variance. The alternative would be to build it from a non - combustible material. Ms. Erb stated that the appearance is important. Right now, as someone who just wants to go there for a meal, she's being told she's second class and has to drive around to the back to the old entrance. If it becomes worse looking because of non - combustible materials, then it's a downfall. She doesn't want to have to climb up the ramp, then walk through the bar and down steps to have dinner, and she doesn't want to have dinner at the bar. Mr. Bosak pointed out that since the greeter will probably be at the front entrance, patrons entering through the back will have to fight their way through the restaurant to get to the front. Mr. Brous said that there will be visibility from the kitchen to the back door. He also pointed out that in the previous restaurant, the front was not accessible (there was a three -inch hump to get over) and that accessibility was through the back. Ms. Erb responded that she could get her friend's wheelchair over a three -inch hump, but not down the steps. She was really eager to have a sit -down restaurant in that location that she and her best friend, who is handicapped, could go to. But now she's being directed to go up the ramp and through the bar. She's just informing Mr. Brous, as a marketer, that if he only wants college - aged kids there, it's fine, but she's lost her opportunity for another sit -down restaurant. She agreed that she could go in through the back door, past the kitchens and the toilets, to get to a place to eat. She has to worry that no one might notice her and that she'll be ducking waitresses. It's not inviting for her. She's very sensitive to the issue. PB Resolution No. 2011 -099: Preliminary and Final Site Plan & Special Permit, Agava Restaurant, 381 Pine Tree Road, Tax Parcel No.'s 62 -2 -1.123 & 62 -2 -13.4 Moved by Linda Collins; seconded by John Beach WHEREAS: Planning Board Draft 11 -15 -2011 Page 10 of 12 Mr. Bosak also said that the international log rule needs to be defined — someone who is not an expert that is trying to follow the law will not know what that rule is. Mr. Bosak pointed out that since 20% of 10 acres is 2 acres, it would make more sense to just say 2 acres, but suspected that the simple replacement will not work and that something more complicated was intended. This works for the first 10 acres, but what if it is more than 10 acres? The Board agreed this needed clarification. Mr. Bosak took issue with talking about the type of equipment used for timber harvesting, saying that the law shouldn't be talking about the kind of equipment that can be used, but about what the equipment is allowed to do and not allowed to do. It's the effect of the equipment that matters. Ms. Erb argued that she doesn't want someone coming in with a huge piece of equipment just to do two acres, saying that, economically, this is what he has to do, so he needs this giant landing and staging area. Mr. Bosak responded that that's a good example of his point: what Ms. Erb is objecting to is not the piece of equipment, but the thing that was done because of it. Ms. Brock said that bigger and heavier equipment will create deeper ruts. Mr. Bosak responded that people should be told not to carve things up — the focus should be on the damage and not how it got there. Ms. Erb stated that by pointing specifically to the equipment, it gives some counter to someone claiming they'll repair it afterwards. Telling someone they have to scale the equipment to the site will help avoid situations where people never restore things to where they originally were. Mr. Bosak argued that in a law, he wants something to tell him, in a determinate way, whether what he's doing is legal or not legal. Saying it would be a good idea to use small things so he doesn't cause disruption ... how can he, who is trying to follow the law, know whether he's within the law? What's small? What is the Town trying to prevent? Mr. Wilcox said that Mr. Bosak wants to attack the problem directly; this attacks it indirectly, and it's easier to do. Mr. Bosak responded that it's not easier for him to comply. Mr. Bates asked who will make the decision. What guidelines does he have to follow? If you're only doing three acres, the equipment can be this big; if you're doing ten acres, it can be this big. Ms. Erb said that, over time, he'll develop a sense of what is appropriate. Mr. Bates responded that, in most cases, he'll rely on the forester. Mr. Bosak warned that if it ends up in litigation, it is too vague. Mr. Wilcox closed the public hearing at 8:50 p.m. PB Resolution No. 2011 -100: Recommendation to Town Board Regarding a Proposed Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Timber Harvesting and Other Requirements in Conservation Zones and Adding Related Definitions Planning Board Draft 11 -15 -2011 Page 11 of 12 Moved by Fred Wilcox; seconded by Hollis Erb WHEREAS: The Codes and Ordinances Committee has drafted amendments to the Zoning Chapter of the Town of Ithaca Code regarding timber harvesting and other requirements in the Conservation Zones and added related definitions, and WHEREAS: The purpose of these amendments is to clarify and expand the rules for timber harvesting in Conservation Zones to ensure that the intended purposes of designating a Conservation Zone, including the preservation of outstanding natural features and the prevention of unnecessary destruction of woodland areas, are provided for, and WHEREAS: The proposed amendments, among other revisions, would require certain timber harvesting activities to obtain a timber harvesting permit from the Code Enforcement Officer and require the submission of a Sustainable Forest Management Plan that demonstrates compliance with standards set out in the local law amendments, and WHEREAS: The Town Board has referred the proposed local law to the Planning Board and Conservation Board for review and recommendations, and WHEREAS: The Town of Ithaca Planning Board held a public hearing on this matter and has reviewed and discussed the proposed local law at its meetings on November 1, 2011 and November 15, 2011, NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town Board of the Town of Ithaca adopt the proposed local law amending the Zoning Chapter of the Town of Ithaca Code Regarding Timber Harvesting and Other Requirements in Conservation Zones and Adding Related Definitions, with the following revisions: 1. Revise definition of biological corridor to include a reference to waterways. 2. In Section 6D, L(3), delete the reference to qualified professional forester and add a reference to a forester who is certified by the Society of American Foresters or such successor organization as is later created, a Cooperating Consulting Forester with the New York State Department of Environmental Conservation, or a qualified forester approved by the Town Code Enforcement Officer. 3. Revise the reference to "diverse noninvasive species" in Section 6D, L(5)(a) to read "diverse species that are not included on the "Invasive Plants of Tompkins County New York" listing produced by the Tompkins County Environmental Management Council, as revised from time to time." 4. In Section 6D, L(5)(b), clarify language regarding clear- cutting on parcels that exceed 10 acres. 5. In Section 6D, L(5)(d), delete the word "Steep" before "slopes of 25% or greater." 6. In Section 6D, L(5)(1), revise the first sentence to read "logging roads and skid trails shall be designed to avoid erosion and stream sedimentation." 7. Section 6D, L(2)(h), either reference a document that contains the international 1/4 inch log rule or define or describe the rule. Planning Board Draft 11 -15 -2011 Page 12 of 12 Vote: Ayes: Wilcox, Collins, Beach, Baer, Bosak, Erb AGENDA ITEM Approval of Minutes PB Resolution No. 2011 -101: Minutes of October 4, 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 October 4, 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 October 4. Vote: Ayes: Wilcox, Collins, Beach, Baer, Bosak, Erb PB Resolution No. 2011 -102: Minutes of October 18, 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 October 18, 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 October 18. Vote: Ayes: Wilcox, Collins, Beach, Baer, Bosak, Erb AGENDA ITEM Other Business On a motion by Hollis Erb, and seconded by John Beach, the Board voted unanimously to cancel the meeting of December 6, 2011. On a motion by John Beach, and seconded by Hollis Erb, the Board voted unanimously to hold the first meeting of 2012 on January 3rd. Adjournment Upon a motion by Hollis Erb, the meeting adjourned at 9:17 p.m. Respectfully submitted, Debra DeAu 'tine, Deputy '-To Clerk Town of Ithaca, NY Pagel of 8 Town of Ithaca, NY Tuesday, November 8, 2011 Article V: Conservation Zones § 270 -10. Purpose. A. It "i`s the purpose of the Conservation Zone to preserve the outstanding natural features in certain areas of the Town, as described in the Town of Ithaca Comprehensive Plan, as amended from time to time, and to provide a regulatory framework through which development can occur with minimal environmental impact in these areas. Among the ' natural values and ecological importance of these areas are their diversity as a plant and wildlife habitat, their existence as biological corridors, their importance for natural drainage features, their scenic views and rural character, and their importance as an educational and recreational resource. In addition, certain lands in the Conservation Zones' contain large areas of steep slopes, wetlands, highly erodible or poorly drained soils and, in one instance, the City' of Ithaca water supply, which must be taken into consideration in planning for future development. [Amended 1 -11 -2010 by L.L. No. 1 -20101 B. It is a further purpose of the Conservation Zone to preserve existing areas of contiguous open space, prevent unnecessary destruction of woodland areas, preserve natural stormwater retention and water quality functions, preserve existing and potential agricultural land and promote appropriate development densities and flexibility of design and development of land. Developers should be encouraged to use mechanisms to accomplish these objectives. Such mechanisms could include enlarged buffer areas, conservation easements, deed restrictions, and public or semipublic land dedications. [Amended 1 -11 -2010 by L.L. No. 1 -20101 C. Certain of the areas included in Conservation Zones, in recognition of their natural and ecological significance, have been designated by the Tompkins County Environmental Management Council as Unique Natural Areas. It is a further purpose-of this Conservation Zone to preserve the natural resources and scenic beauty of the areas to promote tourism as an important economic benefit to the Town of Ithaca. § 270 -11. Permitted principal uses. In a Conservation Zone, no building shall be .erected or extended and no land or building or part thereof shall be used for other than any of,the following purposes: A. A one - family dwelling, except a mobile home, to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger or other occupant. B. A two - family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and Town of Ithaca, NY Page 2 of (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50 %. C. Garden, nursery or farm. D. Roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right -of -way. E. Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices, provided that logging of more than one acre of contiguous land shall require the submission of a forest management plan to and approval by the Planning Board. Such a plan shall include, but not be limited to, a description of the area to be. logged, what percentage of trees will be cut; the method of cutting and removing trees, and how the land will be restored (e.g., through reforestation, agriculture or otherwise). F. Public water supply. G. Small wind.energy facilities, subject to the limitations on small wind energy facilities set forth in § 276- 219.4. [Added 8 -11 -2008 by L.L. No. 13 -20081 § 270 -12. Principal uses authorized by special permit only. The following uses are permitted in a Conservation Zone, but only upon receipt of a special permit for same from the Planning Board in accordance 'with the procedures set forth in this chapter: A. Church or other places of worship. B. Public, parochial and private schools, public library, public museum, day -care center, nursery school, hospital, and any institution of higher learning including dormitory accommodations. [Amended 6 -12 -2006 by L.L. No. 9 -20061 C. Publicly owned park or playground, including accessory buildings and improvements. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Roadside stand or other structure, exceeding 500 square feet but not more than 2,500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. F. Bed - and - breakfast: G. Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining properties and provided: Town of Ithaca, NY Page 3 of 8 [Added 8 -1 -2005 by L.L. No. 7-2005] (1) The lot size is at least two acres (three acres if public sewers are not available); (2) There is a nonoccupied and unused buffer of at least 50 feet around the perimeter of the lot; (3) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street line; and (4) No manure shall be stored within 100 feet of any lot line or street line. § 270 -13. Additional requirements for special permit. The application for a special permit for any of the uses set forth in the immediately preceding section shall be made to the Planning Board. Any required site plan shall conform to the requirements of, and be subject to the procedures contained in Article XXIII. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. In determining whether to grant a special permit, the Planning Board shall consider the matters set forth elsewhere in this chapter and in addition shall grant a special permit for any of the above uses only if it can be demonstrated that: A. The proposal is consistent with the goals and objectives of the Conservation Zone, as enumerated in the purpose section relating to this zone; B. The proposal provides adequate measures to control stormwater runoff and minimize erosion and sedimentation; C. The project includes adequate measures to protect surface and groundwaters from direct or indirect pollution;' and D. Off - street parking facilities are adequately buffered to minimize visual and noise impacts on surrounding areas, and are designed to minimize the increase in impervious surfaces on the site. § 270 -14. Permitted accessory buildings or uses. The following accessory buildings'or uses are permitted as of right in a Conservation Zone: A. Accessory buildings customarily incidental to the above permitted uses. B. Home occupations, subject to the limitations on home occupations set forth in § 270 - 219.2. [Amended 2 -12 -2007 by L.L. No. 1 -20071 C. Wildlife rehabilitation operation as defined and regulated under six NYCRR Part 184, provided that no noise, dust, disorder, or objectionable odor is experienced (as a result of that use) beyond the boundary lines of the property where such use is conducted, and that no more than three additional persons not residing on the premises may be employed. D. Day -care homes, family day -care homes, and group family day -care homes. E. Adult day -care facilities serving no more than four clients at any one time. F. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater'number is authorized by special approval of the Zoning Board of Appeals. Town of Ithaca, NY Page 4 of 8 y G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270 - 219.3. [Added 8 -13 -2007 by L.L. No. 7 -20071 H. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270 - 219.4. [Added 8 -11 -2008 by L.L. No. 13 -2008] § 270 -15. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Conservation Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages. B. A second dwelling unit in a building other than the principal building, provided that: . (1) All of the general criteria set forth elsewhere in this chapter for.the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at -least 50 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off - street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. § 270 -16. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Conservation Zones no nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no nonagricultural structure other than a building shall exceed 30 feet in height. Nonagricultural accessory buildings shall in no case exceed 15 fcct in height. § 270 -17. Yard regulations. Except as may be specifically otherwise authorized in this chapter, in Conservation Zones yards of at least the following dimensions are required: Town of Ithaca, NY 'r4 Page 5 of 8 A. Front yard: Not less than the average depth of the front yards of building immediately adjacent. However, except for roadside stands authorized by § 270 -11, the front yard shall not be less than 50 feet nor need it be greater than 75 feet in depth. B. Rear yard: Not less than 200 feet in depth. C. Side yards: Each not less than 50 feet. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in.this chapter shall; if more restrictive, supersede the above yard provisions. E. Buffer areas: The foregoing requirements may include .any required buffer areas and shall not be in addition to any required buffer areas. F. Accessory buildings: In Conservation Zones accessory buildings other than garages may not occupy any open space other.than a rear.yard. The total lot area covered by nonagricultural accessory buildings may not occupy more than 1,000 square feet of -any required rear yard and shall be not less than 50 feet from any side or rear lot line. § 270-18: Lot,coverage. The maximum building area shall. not exceed 10% of the lot area. Projections described in § 270- 224 are not to be included in computing the percentage. For the purposes of this zone, roads, driveways, parking areas, and other paved areas shall be considered buildings in computing the percentage: of lot coverage. § 270 -19. Size and area of lot. Lots in Conservation Zones shall meet the following_ minimum requirements: A. Minimum lot area shall be at least seven acres; and B. Minimum lot width at the street line shall be 300 feet; and C. Minimum width at the maximum required front yard setback line (75 feet from the street line) shall be 300 feet; and D. Min' imum depth from the street line shall be 450 feet. § 270 =20. Clustering. The Planning Board is hereby authorized to require clustering of residential units as outlined in Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca, where clustering will further the purposes of the Conservation Zone, subject to the requirement with respect to the Conservation Zone along Six Mile Creek, that where feasible, on the southwestern side of Six Mile Creek (i.e., on the Coddington Road side of the Conservation Zone), dwelling units shall be clustered between the former railroad grade and Coddington Road, in order to preserve the natural characteristics and scenic views of the lands adjacent to Six Mile Creek and the city watershed.properties. In such cases, the same number of dwelling units that could have been built on that portion of the parcel between the former railroad grade and Six Mile Creek under the above density, requirements when feasible shall be transferred to the portion of the parcel between the former railroad grade and Coddington Road. This provision shall not apply to parcels which are situated entirely between the former railroad grade and Six Mile Creek. § 270 -21. Parking. Parking requirements shall be as set forth in § 270 -227. Town of Ithaca, NY Page 6 of 8 § 270 -22. Additional requirements and restrictions. A. The following activities are specifically prohibited in Conservation Zones: (1) The importation for dumping or disposal of snow or ice collected from roadways or parking lots into or within 200 feet linear distance of any wetland or watercourse carrying water six months out of the year. (2) The location of buildings or structures on slopes of 25 %" or greater, with a minimum horizontal slope length of 25 feet. B. No buildings, structures, paved areas, or storage of construction equipment or machinery shall be located within 50 feet of the center line of any watercourse carrying water six months out of the year, or within 200 feet of the one - hundred- year -flood boundary of any body of water or watercourse identified as "Zone A" on any Flood Insurance Rate Map for the Town of Ithaca, New York, prepared by the Federal Emergency Management Agency, (or any other generally recognized-map of one - hundred - year -flood zones) within any Conservation Zones. (1) In the case of residential subdivisions, whether conventional or cluster, the no disturbance zone as defined above shall be increased by up to 50 %" if the Planning Board determines that such an increase is necessary to protect water quality or to minimize the impacts of erosion and sedimentation. (2) Unless otherwise authorized by the Planning Board, no disturbance as listed above shall be located within 100 feet linear distance of any wetland. During the subdivision or site plan approval process, where there is evidence of a wetland, the Planning Board may require a wetland delineation study to determine the potential impacts of development or disturbance on said wetland. For the purposes of this section, wetlands shall mean all wetlands, as defined in either state or federal legislation (whichever is more restrictive) governing regulation of wetlands, of an area of more than 1 /10 of an acre. C. With respect to the Conservation Zone along Six Mile Creek, no buildings, structures, or storage of construction equipment or machinery shall be located within 100 feet of the center line of the South Hill Recreation Way, D. The storage and land application of manure for agricultural purposes shall follow reasonable agricultural practices. Minimum conditions for storage of solid manure are a pad of concrete and a leachate collecting system or other system reasonably equivalent in its protection of the surrounding environment. The manure storage system should be designed to prevent animal waste from entering any stream or water body. E. The following apply to vegetation and landscaping: .(1) Existing native vegetation shall be maintained to the extent practicable. (2) When landscaping is required by the Planning Board to enhance buffer areas, to replace existing vegetation, or otherwise, native plant materials should be used to the extent practicable. F. Scenic views, in particular those with viewing points from adjacent roads (arid, in the case of the Conservation Zone along Six Mile Creek, from Six Mile Creek and the gorge) should be preserved using practices such as the following: (1) Avoid the siting of buildings or structures on ridgelines or hilltops. Buildings should be sited below the crest or ridgeline of hills to preserve a natural topographic and vegetative profile. Town of Ithaca, NY Page 7 of 8 Y� (2) Retain existing vegetation to the extent practicable. (3).Retain.existing stone walls, fences and other features in open meadows. (4) Regrading should blend in with the natural contours and undulations of the land. (5) Buildings proposed to be located within significant viewing areas should be screened and landscaped to minimize their intrusion. on the character of the area. Building materials and color schemes should harmonize with their setting and be compatible with neighboring land uses. (6) Where possible, buildings and structures should be located on the edges of open fields and in wooded areas to minimize visual impacts. (7) Visibility of proposed buildings or structures from public trails within Conservation Zones should be considered so as to minimize visual intrusion on views from the public trails. G. Wildlife habitats and biological corridors should be preserved. Open space linkages should be encouraged to accomplish the above. Open space and conservation easement areas shall be designed with massing and linking as guiding principles. Open space and conservation areas both on and off site should be as contiguous as reasonably possible. H. Roads and driveways should follow existing contours to the extent practicable to minimize the impact of cuts and fills. The number of driveways accessing public streets shall be kept to a minimum. The appropriate use of common driveways is encouraged. I. The following shall apply to drainage: (1) The Planning Board may require the preparation and submittal of a stormwater management plan, to be approved by the Town Engineer, for proposed special approval uses and for proposed subdivisions. (2) Existing natural drainageways should be retained where possible. (3) In cases where a retention basin will be required, a landscaping plan shall be prepared and submitted for the Planning Board's approval. Basin landscaping materials that enhance wildlife habitat shall be used to the extent practicable. J. The following shall apply to lighting: (1) Street lighting shall be provided only where site - specific safety conditions warrant. (2) Where street lighting is required, its location, type, and intensity shall be subject to the Planning Board's review and recommendation to the Town Board for approval. (3) All approved street lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. [Added 10 -16 -2006 by L.L. No. 12 -20061 K. Whenever a subdivision of land is proposed in a Conservation Zone, the Planning Board may require that the nonbuildable areas listed above, including wetlands, slopes 25% or greater, and streams /watercourses and setbacks, be shown on the preliminary and final subdivision plats. Town of Ithaca, NY Page 8 of 8 § 270 -23. Park and recreation setasides and fees in lieu thereof. Because of the reduced density in the Conservation Zones, the requirements for maintaining open space, existing public trails, and the existing and expected additional opportunities for passive recreational'activifies in the areas included in the Conservation Zones, 'it is anticipated that in Conservation Zones normally there will be no need for mandated parkland reservations or fees in lieu thereof pursuant to applicable Town Law and Town of Ithaca Code'Chapter 234, Subdivision of Land, and this Chapter 270, Zoning, including § 234 -22 of Chapter 234, 'Subdivision of Land, and any successor or related provisions. § 270 -24. Site plan approval. No building permit shall be issued for a building or structure within a Conservation Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII. TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, November 15, 2011 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Therm Inc. Rooftop Solar Photovoltaic System, 1000 Hudson Street Extension. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed rooftop solar photovoltaic system at Therm Inc., located at 1000 Hudson Street Extension, Town of Ithaca Tax Parcel No. 54 -2 -1, Light Industrial Zone. The proposal involves installing a 33kW rooftop ballasted solar photovoltaic system on the main building at Therm Inc. Therm Inc., Owner /Applicant; Warner Energy Technologies, LLC, Agent. 7:15 P.M. SEQR Determination: Agava Restaurant Additions, 381 Pine Tree Road. 7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Agava Restaurant located at 381 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62 -2 -1.123 and 62 -2 -13.4, Community Commercial Zone. The proposal involves converting the existing building into a new restaurant. For the new restaurant, a new 80 +/- square foot vestibule with ramping and a 320 +/- square foot addition on the east side of the building for a walk in cooler, kitchen expansion, and new rear entry is being added to the building. Cornell University, Owner /Applicant; Scott Smith, Latipac Builders, Agent. 7:30 P.M. CONTINUATION OF PUBLIC HEARING: Continuation of 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 regarding timber harvesting and other requirements in Conservation Zones and adding related definitions. Approval of Minutes: October 4, 2011, October 18, 2011 and November 1, 2011. 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, November 15, 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, November 15, 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 rooftop solar photovoltaic system at Therm Inc., located at 1000 Hudson Street Extension, Town of Ithaca Tax Parcel No. 54 -2 -1, Light Industrial Zone. The proposal involves installing a 33kW rooftop ballasted solar photovoltaic system on the main building at Therm Inc. Therm Inc., Owner /Applicant; Warner Energy Technologies, LLC, Agent. 7:15 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Agava Restaurant located at 381 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62 -2 -1.123 and 62 -2 -13.4, Community Commercial Zone. The proposal involves converting the existing building into a new restaurant. For the new restaurant, a new 80 +/- square foot vestibule with ramping and a 320 +/- square foot addition on the east side of the building for a walk in cooler, kitchen expansion, and new rear entry is being added to the building. Cornell University, Owner /Applicant; Scott Smith, Latipac Builders, Agent. 7:30 P.M. Continuation of 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 regarding timber harvesting and other requirements in Conservation Zones and adding related definitions. 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, November 7, 2011 Publish: Wednesday, November 9, 2011 Wednesday,Nouember 9 20111 '�� THE ITHAG4�JOURNAL , "'�'-�'' 5k�ISC 1 Town of Ithaca Planning Board 215 North Tioga Street November 15, 20117:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You Name Qw� CfC%QUn \) ,e—AL '\ 'A"-{L_0P- :cre�l�r ��uS G ! Address S 3 P QrsQ(( -, oQ �, „ i i so 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 November 15 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: November 7, 2011 Date of Publication: November 9, 2011 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 91" day of November 2011. XkXk- Notary Public CARRIE WHITMORE Notary Public, State of New York No.01WH6052877 Tioga County /�1/ Commission Expires Decernber 26,-- Y