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PB Minutes 2012-08-07TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday. August 7. 2012 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: EcoVillage Gourd Workshop, Rachel Carson Way. 7;05 P.M. PUBLIC BDEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed Gourd Workshop located along Rachel Carson Way at EcoVillage at Ithaca, Town of Ithaca Tax Parcel No. 28-1- 26.84, Planned Development Zone No. 8. The proposal involves constructing a 900 +/- square foot building in an open field to be used as a workshop, display area, and office. The project also includes a gourd garden, garden fencing, entrance paths and new landscaping. EcoVillage at Ithaca Village Association Inc., Owner; Graham Ottoson, Applicant; Noah Demarest, Agent. 7:20 P.M. SEQR Determination: Frandsen 18-Lot Subdivision, Park Lane. 7:20 P,M. PUBLIC HEARING: Consideration of Preliminary Subdivision Approval for the proposed 18-lot subdivision located off Park Lane south of John Street, Town of Ithaca Tax Parcel No.'s 56-3-13.2 and 57-2- 1.2, Medium Density Residential Zone. The proposal involves the construction of one new road (approximately 1,237 feet long) to provide access to 16 new residential lots and one lot dedicated for stormwater facilities. The project will also include the installation of new water, sanitary sewer, and storm sewer systems. William P. Frandsen, Owner/Applicant; Theodore E. Lauve, P.E., Agent. 7:45 P.M. SEQR Determination: College Crossings Modifications, Danby Road. 7:45 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed modifications to the College Crossings Development project located on the northeast comer of the Danby Road (NYS Route 96B) and King Road East intersection, Town of Ithaca Tax Parcel No. 43-1-3.23, Neighborhood Commercial Zone. The proposed modifications include changes to the stormwater management plans and using the second floor of the new building for residential rental apartments instead of office space. College Crossings, LLC, Owner/Applicant; Evan N. Monkemeyer, Agent. 8:15 P.M. Consideration of a sketch plan for the proposed Comell University Plantations Botanical Gardens project located adjacent to the Plantations' Brian C. Nevin Welcome Center (124 Comstock Knoll), Town of Ithaca Tax Parcel No. 67-1-6, Low Density Residential Zone. The proposal involves the development of a 1 +/- acre Peony and Perennial Garden and a '>4 +/- acre East Asian Garden around the Welcome Center. Associated with these new gardens are a small pedestrian bridge, stone seat walls, paths, courtyards, garden arbor, sculptural stone, bollard lighting, and modifications to the stormwater management plan for the site. Comell University, Owner/Applicant; David M. Cutter, University Landscape Architect, Agent. 9. Approval of Minutes: July 17,2012 10. Other Business: 11. Adjournment Susan Ritter Director of Planning 273-1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY SANDY POLCE AT 273-1747. (A quorum of four (4) members is necessary to conduct Planning Board business.) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday. August 7.2012 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, August 7, 2012, 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 Gourd Workshop located along Rachel Carson Way at EcoVillage at Ithaca, Town of Ithaca Tax Parcel No. 28-1-26.84, Planned Development Zone No. 8. The proposal involves constructing a 900 +/- square foot building in an open field to be used as a workshop, display area, and office. The project also includes a gourd garden, garden fencing, entrance paths and new landscaping. EcoVillage at Ithaca Village Association Inc., Owner; Graham Ottoson, Applicant; Noah Demarest, Agent. 7:20 P.M. Consideration of Preliminary Subdivision Approval for the proposed 18-lot subdivision located off Park Lane south of John Street, Town of Ithaca Tax Parcel No.'s 56-3-13.2 and 57-2-1.2, Medium Density Residential Zone. The proposal involves the construction of one new road (approximately 1,237 feet long) to provide access to 16 new residential lots and one lot dedicated for stormwater facilities. The project will also include the installation of new water, sanitary sewer, and storm sewer systems. William P. Frandsen, Owner/Applicant; Theodore E. Lauve, P.E., Agent. 7:45 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed modifications to the College Crossings Development project located on the northeast comer of the Danby Road (NYS Route 96B) and King Road East intersection. Town of Ithaca Tax Parcel No. 43-1-3.23, Neighborhood Commercial Zone. The proposed modifications include changes to the stormwater management plans and using the second floor of the new building for residential rental apartments instead of office space. College Crossings, LLC, Owner/Applicant; Evan N. Monkemeyer, Agent. Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Susan Ritter Director of Planning 273-1747 Dated: Monday, July 30,2012 Publish: Wednesday, August 1,2012 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 bv the Town of Ithaca Planning Board in the Town of Ithaca Town Hall. 215 North Tioga Street. Ithaca. New York, on Tuesday. August 7. 2012 commencing at 7:00 P.M.. as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board - 215 North Tioea Street. Date of Posting: July 3 0, 2012 Date of Publication: August 1,2012 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this day of August 2012. Notary Public '.-'debofS^h kelley NotaryPubiic. state of New York • •- ' 'No. 01KE6025073 Qualified in Schuyler County Commission Expires May 17, 20 / J Wednesday, August 1,2012 | THE ITHACA JOURNAL TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, August 7,2012 By <treclion of the Chair person of the Planning Boani. NOTICE IS HER^ GIVEN that Public Hsarlngs win beheld by the Planning Board of the Totvn of Ithaca on Tuesday, - August 7. 2012, 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 Fmd Site Plan A^roval lor the pr^ posed Gourd Workshop 1^ Gated along Rachel Ceraon Way at EcoVIBt^ at-IUia- ca. Town of Ithaca Tax Par cel No. 28-1-26.84. Plai ned Deyelopment Zone NOf 8. The proposal In- vol^ constrtitiipg a 900 +/- square foot buHdirig m an open field to fai^used as a workshop, display area, and office. The project also includes a gourd garden, garden fencing, entrance paths and new landscaping. EcoVlllage at Ithaca Vlllege Assodalion Inc.. Owner; Grtiiam Otioson. Ap|4l- caib Noah Demarest. Agent. 7:20 P.M.ConsideraUon of Preliminary SuixlMslon Ap proved for the proposed 18- lot subdivision located off Park Lane south of John Street. Town of Ithaca Tax Parcel No.'s 56-3-13.2 and 57-2-1.2, Medium Density Residential Zone. The pro posal Involves the corv struction of one new road (approximately 1,237 feet long) to provide access to 1*6 new residential lots aid one lot dedicated for slormwater facilities. The prpjdct will also indude the installation of new water, sanitary sewer, and storm sewer systems. William P. Frandsen , Owner/Applicant; Theo dore E. Lauve. P.E.. Agpnt. 7:45 P.M. ConsidersUon of Prellminaty and Rnal Stte Ffen ^iproval and Special Permit for the proposed modifications to die Col lege Crossings l^evelop- ment project located'on the nprdieast comer df tf^; Derdiy Road (NVS Route 968) and King Road East interSBCtlbn. Town of Ithaca Ttot Pared hio. 43-1-3.23, Neighlwrhood Commercial Zone. Thd proposed motf^ ficelions Include changes to the stbrmwater manage ment plans and using the second Boor of the new building for residenhal rent al apertments Instead of of fice space. Cdlege Cross ings. LLC. Owner/Appllcait;. Evan N. Monkemeyer, Agent Said PlanNng Bood vrill gt' eald times and said plaSe hear dl persons in. suppn, of such matters or ot^ Sons tfiereto. Persons may appear tiy agent or in per son. Individisls with vi^ impairments, heahng inqiairmeitts or other spe- dd needs, wffl be provided with assistance as neces sary, upon request. Per sons desiring assistance must make such a request not less tfian 48 hours prior to the time of tfie public hearing. SusdiRi^ Diteclor gf Platwing 273-1747 Dated: Monday. July 2012 8/1/2012 0 Town of Ithaca Planning Board 215 North Tioga Street August 7, 2012 7:00 p.m. PLEASE SIGN-IN Please Print Clearly, Thank You Name ; I Address ^(XhJLj L j]~) p0-/t^L- A/y'' 31''S' Q^Cr^JAlL -5"/-. ^ o& / I <0 O^o (L (c TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, August 7, 2012 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Fred Wilcox (Chair), Linda Collins, George Conneman, John Beach, Ellen Baer, Jon Bosak, Eric VanderMaas Staff Present: Susan Ritter, Director of Planning; Dan Tasman, Planner; Chris Balestra, Planner; Mike Smith, Planner; Bruce Bates, Director of Code Enforcement; Creig Hebdon, Town Engineer; Dan Thaete, Town Engineer; Lorraine Moynihan Schmitt, Attorney for the Town; Deb DeAugistine, Deputy Town Clerk 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. He announced that the sketch plan for the proposed Cornell University Plantations Botanical Gardens project had been postponed. AGENDA ITEM Persons to be heard – No one came forward to address the Board. AGENDA ITEM SEQR Determination: EcoVillage Gourd Workshop, Rachel Carson Way Noah Demarest and Graham Ottoson were present to give the Board updates and answer questions. Mr. Demarest stated that they have not made any significant changes since sketch plan; it’s the same design and concept. They’re coordinating their effort with TREE for the utilities. Mr. Demarest said that the planting plan for TREE was approved, but that they are making slight modifications to Ra- chel Carson Way, pushing some parking to the south that they had originally proposed at the corner of the triangle on the northern tip. To accommodate this, they had to move the plants around, but they did not change the quantities and species. The plants for Ms. Ottoson’s project are mainly gourds, so they won’t change. Mr. Demarest said that the site plan shows more detail in terms of the handicapped accessible parking space: they’re proposing a stone dust path and a ramp to the porch. Mr. Wilcox stated that the movement of the TREE plantings is caused by the fact that the paved por- tion of the road is being moved within the road right–of-way to provide for the parking spaces in front of the proposed structure. Mr. Demarest agreed and said that Ms. Ottoson is locating her build- ing relative to the existing edge of the road, so the building could stand alone if the road is never paved. Mr. Wilcox stated that he is thrilled with the architectural details. PB Resolution No. 2012-052: SEQR, Preliminary and Final Site Plan Approval, EcoVillage Gourd Workshop, Tax Parcel No. 28-1-26.84, Rachel Carson Way Moved by John Beach; seconded by George Conneman Planning Board Minutes 08-07-2012 Page 2 of 14 WHEREAS: 1.This action involves consideration of Preliminary and Final Site Plan Approval for the proposed EcoVillage Gourd Workshop project, located along Rachel Carson Way, Town of Ithaca Tax Par- cel No. 28-1-26.84, Planned Development Zone 8-EcoVIllage. The proposal includes construction of a one story, ±900 square foot commercial building in an open field to be used as a workshop, display area, and office. Other improvements include a fenced gourd garden, entrance paths, new landscaping and parking. EcoVillage at Ithaca Village Association, Inc., Owner; Graham Ot- toson, Applicant; Noah Demarest, Agent; and 2.This is an Unlisted action, for which the Town of Ithaca Planning Board is acting as lead agency in the environmental review for this project; and 3.The Planning Board, on August 7, 2012, has reviewed and accepted as adequate a Short Envi- ronmental Assessment Form, Part I submitted by the applicant, and Part II prepared by Town planning staff; and drawings titled “Gourd Workshop at EcoVillage Preliminary/Final Site Plan Review”: cover, dated July 8, 2012 (L000), Existing Survey, dated July 8, 2012 (L101), Context Plan, dated July 8, 2012 (L102), Site Layout Plan, dated July 8, 2012 (L201), Grading Plan, dated July 8, 2012 (L301), Planting Plan, dated July 8, 2012 (L401), Utility Plan, dated July 6, 2012 (C101), North/South/East/West elevation renderings, date-stamped July 31, 2012, all prepared by Noah Demarest, RA, RLA, LEED AP; and other application materials; and 4.The Town Planning Staff has recommended a negative determination of environmental signifi- cance for this project. NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board makes a negative determination of environmental signifi- cance 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 stated in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. Vote: Ayes – Wilcox, Collins, Conneman, Beach, Baer, Bosak, VanderMaas AGENDA ITEM Public Hearing : Consideration of Preliminary and Final Site Plan Approval for the proposed Gourd Workshop located along Rachel Carson Way at EcoVillage at Ithaca, Town of Ithaca Tax Parcel No. 28-1-26.84, Planned Development Zone No. 8. The proposal involves constructing a 900 +/- square foot building in an open field to be used as a workshop, display area, and office. The project also includes a gourd garden, garden fencing, entrance paths and new landscaping. EcoVillage at Ithaca Village Association Inc., Owner; Graham Ottoson, Applicant; Noah Demarest, Agent Mr. Wilcox opened the pubic hearing at 7:15 p.m. Mr. Wilcox asked why they’re installing a double fence. Ms. Ottoson explained that it will make the fence deer-proof because deer won’t jump into a narrow space. By making two fences seven feet apart, Planning Board Minutes 08-07-2012 Page 3 of 14 the fences can be lower. The fence will work equally well as a trellis to hang the gourds on. Mr. Bosak related that he had read how to construct two four-foot-high fences spaced four feet apart to create a completely deer-proof fence. He said that he has a relatively low fence with an even lower electric fence four feet in front of it, and the deer don’t mess with it. Mr. Wilcox closed the public hearing at 7:20 p.m. PB Resolution No. 2012-053: Preliminary and Final Site Plan Approval, EcoVillage Gourd Work- shop, Tax Parcel No. 28-1-26.84, Rachel Carson Way, Town of Ithaca Planning Board, August 7, 2012 Moved by Ellen Baer; seconded by Eric VanderMaas WHEREAS: 1. This action involves consideration of Preliminary and Final Site Plan Approval for the proposed EcoVillage Gourd Workshop project, located along Rachel Carson Way, Town of Ithaca Tax Par- cel No. 28-1-26.84, Planned Development Zone 8-EcoVIllage. The proposal includes construction of a one story, ±900 square foot commercial building in an open field to be used as a workshop, display area, and office. Other improvements include a fenced gourd garden, entrance paths, new landscaping and parking. EcoVillage at Ithaca Village Association, Inc., Owner; Graham Ot- toson, Applicant; Noah Demarest, Agent; and 2.This is an Unlisted action, for which the Town of Ithaca Planning Board, acting as lead agency in environmental review for this project has, on August 7, 2012, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmen- tal Assessment Form, Part I submitted by the applicant, and Part II prepared by Town planning staff; and 3.The Planning Board, on August 7, 2012, has reviewed and accepted as adequate the following drawings titled “Gourd Workshop at EcoVillage Preliminary/Final Site Plan Review”: cover, dat- ed July 8, 2012 (L000), Existing Survey, dated July 8, 2012 (L101), Context Plan, dated July 8, 2012 (L102), Site Layout Plan, dated July 8, 2012 (L201), Grading Plan, dated July 8, 2012 (L301), Planting Plan, dated July 8, 2012 (L401), Utility Plan, dated July 6, 2012 (C101), North/South/East/West elevation renderings, date-stamped July 31, 2012, all prepared by Noah Demarest, RA, RLA, LEED AP; and other application materials. NOW THEREFORE BE IT RESOLVED: 1.That the Town of Ithaca Planning Board waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having deter- mined from the materials presented that the waiver will not result in a significant alteration of the purpose of site plan review or the policies enunciated or implied by the Town Board, and 2.That the Town of Ithaca Planning Board grants Preliminary and Final Site Plan Approval for the proposed EcoVillage Gourd Workshop project, as described in the materials referenced above, Planning Board Minutes 08-07-2012 Page 4 of 14 subject to the following conditions being met before a building permit is issued, unless otherwise noted: a.Approval by the Town Board of an amendment to the Planned Development Zone No. 8 - EcoVillage requirements to permit and regulate limited commercial uses, and the location and attributes of the buildings and sites where they will be housed; and b.Submission of one original set of final site plan drawings on mylar, vellum or paper, signed and sealed by the registered land surveyor, engineer, architect or landscape architect who pre- pared the site plan materials; and c.Submission of a certificate signed by the owner of the land to the effect that they own the land, authorized the project, and agreed to have the project built in the manner of the ap- proved final site plan; and d.Submission of details on lighting, which must conform to the Town of Ithaca Outdoor Light- ing Law; and roofing materials; and e.Submission of documentation of all necessary approvals from county and state agencies before any certificate of occupancy is issued. Vote: Ayes – Wilcox, Collins, Conneman, Beach, Baer, Bosak, VanderMaas AGENDA ITEM SEQR Determination: Frandsen 18-Lot Subdivision, Park Lane Theodore Lauve, Chuck Guttman, attorney, and Mr. Frandsen were present. Mr. Lauve said that the major change since sketch plan was to remove Edwin Drive from the project: six lots on 80 acres. The reason Edwin Drive was removed is that an adjacent owner bought the property because he wanted to keep the site undeveloped. This reduces the impacts substantially. The storm drainage system has been improved to meet the current regulations. The layout, road design, utility design, etc, are all the same as before. Mr. Wilcox stated that three major issues were pointed out in Mr. Smith’s cover memo: no additional parkland setaside, the length of the street, and the hammerhead turnaround at the end of the street. Mike Smith said that the turnaround is on general-purpose land. Discussion on the lack of parkland Mr. Wilcox explained the ten-percent rule: The Planning Board, as a general rule, often requires that a subdivider allocate ten percent of their land for public use. This may not be necessary for this sub- division, given the amount of land that has been set aside in the area during previous subdivisions. Mr. Bosak said he would be inclined to waive it, especially if they can get a promise of proper access to the park at the end of the road. He agrees that there’s enough parkland set aside already. On the table was a letter from resident Tim Marchell regarding his appreciation of the park and requesting that the Planning Board be sensitive to the screening of the park from the development so views aren’t disrupted. Discussion on the length of the road Mr. Wilcox said that Town law sets the maximum length of a road in a cul-de-sac at 1000 feet for safe- ty purposes. In a cul-de-sac, there is only one way out, and the longer the cul-de-sac, the greater the chance that a tree or electric wire could block someone’s egress. The original subdivision was ap- Planning Board Minutes 08-07-2012 Page 5 of 14 proved approximately 20 years ago. Mr. Wilcox is not in favor of extending the street beyond 1000 feet for safety considerations. If the street is not extended, the subdivision will have to be adjusted by removing a couple of the lots and moving the hammerhead closer to the intersection. He would be willing to allow those additional lots to be divided off when and if the road is extended and connect- ed internally to another street in the Eastern Heights neighborhood, because there would then be two methods of ingress and egress. The proposed road is 1250 feet, 25 percent more than the Town code would currently allow. Mr. VanderMaas agreed, especially given the topography. Mr. Lauve explained that the grade starts off at 11.75 percent, goes to 6 percent, then 5 percent, then 11 percent, then 2 percent at the cul-de-sac. Mr. Bosak agreed that the grade was problematic. Mr. Wilcox said that the issue is not that Board members don’t favor the additional lots per se, but that there are reasons to limit the road length to 1000 feet until the road can be connected. Mr. Guttman said that the original subdivision was granted in July of 1986 and did include that road length in the configuration. Mr. Wilcox added that John Street was approved with the same road length by a previous Planning Board. Mr. Bosak said that the rules are in place for a reason, and that just because something unsafe was approved before, doesn’t mean it should be approved again. He also stated that the Board would have to have a good reason promoting the public welfare to waive the rule. Ms. Collins stated that she was ambivalent. She wondered why 1000 feet was chosen for a cul-de-sac. Ms. Moynihan-Schmitt said that she didn’t know the legislative intent behind the rule, but said that it makes sense that safety would be a concern. The applicant has to show that the regulations will cause a significant hardship or practical difficulties. Mr. Guttman responded that the strongest argument to be made is that it was done in the past. He doesn’t know if the limit was in place at the time the subdivision was proposed in 1986. This was set forth in the preliminary subdivision and the project was granted. If the rule was in place at that time, then the same logic applies. If not, the situation is that the limit was put in after the preliminary sub- division was approved, and it would modify something that was previously approved by the Planning Board. The situation is more complicated because in 2004, the Town Board came to Mr. Frandsen for an easement to do work in the area, and a consideration of that request was to put in the ham- merhead, which is now Town land. Those negotiations were already made. Mr. Wilcox stated that if a previous board granting preliminary approval set a precedent, the same logic would preclude the Board from bringing the stormwater management system up to today’s speci- fications. The stormwater management that was approved in 1986 is not sufficient under today’s reg- ulations. Mr. Hebdon made the clarification that state regulations overrule the stormwater aproval. Ms. Moynihan-Schmitt stated that this Board is not bound by those prior determinations. To a question from Mr. Wilcox, Mr. Smith responded that the Town owns the land to the east of the hammerhead. If the road were to be connected through to another future road, it would go straight to the south from the hammerhead. Planning Board Minutes 08-07-2012 Page 6 of 14 Mr. Bosak said that the 2004 negotiations take away the point he was trying to make regarding the Town Board. He also stated that while he is going to resist being prevented from exercising the Board’s best judgment just because another board decided something else, there’s such a thing as respecting the decisions of your own board. Other Board members agreed. Mr. Lauve said that 1250 feet is a short cul-de-sac; he lives on an 8000-foot dead-end road. Mr. Hebdon said that the hammerhead follows the details he sent to the applicant’s engineer, but that Engineering will need to determine the actual area the Town gave them in which to put the hammerhead, then work within that parameter to make the hammerhead work. Mr. Hebdon stated that the stormwater meets all state specifications and all the green criteria. The applicant had to put a homeowner’s association together because the Town would prefer not to take over the stormwater facility. There are a few things they’ll have to take care of for final subdivision approval. Mr. Bosak said that the intersection is not a minor issue. Turning left off Route 79 is not fun, and he thought that adding another 16 cars during the peak hour is a big deal. Mr. Beach said that making a left turn from Park Lane onto Slaterville Road is a challenge and is exacerbated by the traffic at Six Mile Creek Winery. Mr. Wilcox said that people should avoid the intersection to the greatest extent possible, and that 16 cars per hour is one car every three minutes and won’t be noticed. Ms. Collins added that having lived on Eastern Heights Drive for a year, she knows that drivers don’t have to exit the neighborhood onto Route 79 – there are multiple ways to get out. She said it is not the same traf- fic issue as when there is only one egress possible onto a busy road, and that there’s reason to believe that people living on that road will likely be headed to Cornell and East Hill Plaza. Mr. Beach agreed that there are other ways to exit from that neighborhood. PB Resolution No. 2012-054: SEQR, Preliminary Subdivision Approval, Frandsen 18-Lot Subdivi- sion, Tax Parcel No.’s 56-3-13.2 and 57-2-1.2 Moved by Linda Collins; seconded by John Beach WHEREAS: 1.This action is consideration of Preliminary Subdivision Approval for the proposed 18-lot subdivi- sion located off Park Lane south of John Street, Town of Ithaca Tax Parcel No.’s 56-3-13.2 and 57-2-1.2, Medium Density Residential Zone. The proposal involves the construction of one new road (approximately 1,237 feet long) to provide access to 16 new residential lots and one lot dedi- cated for stormwater facilities. The project will also include the installation of new water, sanitary sewer, and storm sewer systems. William P. Frandsen, Owner/Applicant; Theodore E. Lauve, P.E., Agent, and 2.This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoor- dinated environmental review with respect to the project, and 3.The Planning Board, on August 7, 2012, has reviewed and accepted as adequate a Long Envi- ronmental Assessment Form (LEAF) Part I, submitted by the applicant, and Part II prepared by Planning Board Minutes 08-07-2012 Page 7 of 14 Town Planning staff, a packet of drawings titled “Preliminary Plans – Frandsen Subdivision – Bri- an Lane Section”, dated February 15, 2006, revised June – 2006 by John S. Macneill, Jr. P.E., re- vised June / July 2007 by John S. Macneill, Jr. P.E., and revised June 1, 2012 by Theodore E. Lauve, P.E., and other application materials, and 4.The Town Planning staff has recommended a negative determination of environmental signifi- cance with respect to the proposed project; 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 LEAF Part I and for the reasons set forth in the LEAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. Vote: Ayes – Wilcox, Collins, Conneman, Beach, Baer, Bosak, VanderMaas AGENDA ITEM Public Hearing : Consideration of Preliminary Subdivision Approval for the proposed 18-lot subdivi- sion located off Park Lane south of John Street, Town of Ithaca Tax Parcel No.’s 56-3-13.2 and 57-2- 1.2, Medium Density Residential Zone. The proposal involves the construction of one new road (ap- proximately 1,237 feet long) to provide access to 16 new residential lots and one lot dedicated for stormwater facilities. The project will also include the installation of new water, sanitary sewer, and storm sewer systems. William P. Frandsen, Owner/Applicant; Theodore E. Lauve, P.E., Agent Mr. Wilcox opened the public hearing at 8:28 p.m. Phil Cornell, 117 Park Lane, stated that the main concern he has is safety. Park Lane has become a cut-through for commuters to Ithaca, probably because of the congestion on Pine Tree Road. He agreed with Mr. Beach that the egress onto Route 79 is a problem. If the Town hasn’t cut the brush on the side of the road, the problem is worse. Randy Blooding [not present], whose house butts right into Park Lane at the bottom of John Street, has had several cars land in his yard every winter. He’s had to put a large boulder and a tree in his yard to mitigate that problem. The grade is significant: lots of people can’t make it up Park Lane in the winter. Park Lane probably should not have gone through with the grade proposed, and the neighbors fought it, but did not succeed. It’s not just commuter cars, but tractor trailers. There is a park at the T with Tudor and Park Lane, with a stop sign that is used only 50 percent of the time. The park is well used, and with the major thoroughfare it has be- come, it is a safety issue. He’s heard a rumor that there will be a stop light on Pine Tree. If that’s the case, traffic in the morning will be backed up to Park Lane. He said they have no problem with in- creased development, but rather with safety. Another egress at the end of these roads to Route 79 would be a help. Pat Cornell said that she has been home during the summer and sees a lot of traffic. She has talked to the Highway Department about signage for Tudor and Park Lane. The traffic through those areas is important. She was told by Fred Noteboom that the signage is what it is and that she’ll have to call Planning Board Minutes 08-07-2012 Page 8 of 14 the police to control issues of speeding and not stopping. She thinks that an additional road will cause more problems. Patty Carnell, 120 Park Lane on the corner of John and Park, stated that hers was the first house built before John Street went in and her house faces John. She said she agrees with Mr. and Ms. Cornell that it’s a safety issue. Traffic is horrendous every morning when she turns right out of John Street. Cars go flying up the hill, and because of the curve on Park Lane, she has a hard time seeing if some- one’s coming, making it difficult to pull out. When walking her dog in the evening, she often feels like she’s going to get run over. Susan Ritter referred to an email she received from a resident, which she followed up with a phone call. He told her he uses the trail on Eastern Heights. There is access to that trail from John Street. While on the trail, he has a sense of being in the woods, before coming into the open area of Eastern Heights Park. He was hoping that this development would not push out that wooded feel. Ms. Ritter thinks the hammerhead may get quite close to the trail. Discussion on the County review Regarding the County’s point about affordability, Mr. Wilcox said the Town Board has exerted influ- ence on certain developments; Vine Street Cottages, for example. Holochuck was both subdivision and site plan, and some units had to be affordable. Mr. Hebdon stated that Public Works is not eager to take on curbed streets. The City’s trucks are set up to plow curbed streets; the Town’s are not. Ms. Baer stated that she thought ten percent affordable units is a good idea – that’s something lacking in the County. Mr. Wilcox said that the problem is that people throw the term “affordable” around, and he’s not sure if the Board designated units that are truly affordable or rather more affordable because they have a lower purchase price. Then there’s the issue of how to keep them affordable in perpetuity, so that the first buyer doesn’t gain the advantage of getting a house at the affordable price, only to have it rise to the market value. Ms. Ritter said that the Town is contemplating doing something, but that there aren’t any local laws requiring it. The direction the draft Comp Plan is going is to allow mixed types of housing and mixed lot sizes, and, to some degree, let the economics guide things. The current zoning calls for standard-sized lots with single family homes, and since townhouses can’t be mixed with single family homes, things tend to be expensive. Discussion on safety Mr. Bosak said that when Board members talk about increased traffic, they’re usually talking about inconvenience, but that’s not the issue in this case. He said that he thinks this will make a bad situa- tion worse at the intersection of Park Lane and Route 79, going both ways, and that what he heard from the neighbors doesn’t make him feel any better about it. He personally doesn’t want it on his conscience if something happens there. He thinks the problem needs to be mitigated and he doesn’t think it’s impossible to do. Mr. Wilcox asked what the difference is between the Slaterville Road/Burns Road intersection and the intersection in question. He doesn’t like to make a left-hand turn onto Route 79 from Burns Road once school starts, but he doesn’t think of it as dangerous, but rather as a level of service F dur- ing peak hours. Mr. Bosak responded that the Burns Road intersection isn’t in front of the Board. Mr. Beach said that later in the day when the winery is open and traffic is egressing from their parking lot, more cars are added to the mixture. Mr. Wilcox agreed that it functions as a slightly offset four- way intersection. Mr. Bosak stated that there are various ways this could be dealt with, such as the Planning Board Minutes 08-07-2012 Page 9 of 14 State putting in a signal, but that it would probably be easier to build a road than to get the State to cooperate. Ms. Collins pointed out that the people who spoke at the public hearing were concerned about traffic within the neighborhood itself, not at the intersection. They’re feeling the impact of Park Lane be- coming a cut-through. She said the Board needed to decide what the focus is. The traffic issues within the neighborhood itself are beyond the discussion of the subdivision. She agreed that 16 peak-hour cars would have an impact on the neighborhood. In her neighborhood, Commonland, an issue was solved with lots of discussion within the neighborhood and by working with the police. She suggested that there will need to be some grassroots neighborhood action to deal with the safety issues, but that those issues were not in front of the Board. She’s not convinced that the impact of the subdivision on either of the situations will be great. Mr. Bosak responded that it is right to distinguish between those two things, but that he doesn’t see them as neatly separable issues and thinks they all add up to one mess. The same was true of the Hol- ochuck project. Mr. Conneman said that Holochuck was a waiting issue. Mr. Bosak agreed, but said his point was that when you slice things off and pretend they’re not connected to anything else, you never reach a stopping point. The camel’s back is broken, but you never see where that straw was. But he acknowledged that the distinction Ms. Collins made was a correct one. Regarding mitigation, Mr. Guttman stated that the original project included Edwin Drive, which would have had six lots. He said the applicants heard the same discussion about the traffic issues at sketch plan and made the decision to eliminate Edwin Drive. They assumed it would be a more palat- able project to the Board with 16 lots rather than 22 lots. So in some sense, they tried to mitigate the concerns. Regarding parkland, Ms. Ritter said that there is a total of 44 acres of parkland and trails in that area. The Board generally agreed that the lack of parkland, the length of road, the lack of affordable hous- ing units, and the lack of parkland were not problematic. Mr. Conneman thought something should be done about the safety issue – that it should not simply be ignored. Ms. Collins responded that the Board’s focus is the impact of this project on the neighborhood. A lot of the pressures on this neighborhood are internal. These are real issues, and there will be some im- pact from this project, but she doesn’t think it’s a significant enough impact to make her feel uncom- fortable. She thinks they’re separable in that sense and not something that the Board can deal with. Ms. Baer agreed that Park Lane being used as a cut-through was not something that could be dealt with at the meeting, but agreed that it is a real issue and encouraged neighborhood residents to take action. Mr. VanderMaas also agreed that the cut-through is a problem but that the subdivision is not causing the problem. Mr. Hebdon stated that neighborhood residents shouldn’t be surprised if they see traffic counters out there shortly. He said that he can’t go to the State without cold, hard facts, and that traffic counts throughout the neighborhood and at each of the intersections will be necessary. This was the first Planning Board Minutes 08-07-2012 Page 10 of 14 time he’d heard about it being used as a cut-through, and this is an action he can take, separate from what the Planning Board can do. Ms. Collins stated that problems can be fixed by neighbors coming together, and said that her neigh- borhood just went through a serious set of issues that were resolved by action within the community. There were naysayers who thought it couldn’t be done. Residents did neighborhood testimonials that were very powerful. She assured residents that the Board is not ignoring their concerns. Mr. Wilcox closed the public hearing at 9:14 p.m. Mr. Conneman left the meeting after voting on the following resolution. PB Resolution No. 2012-055: Preliminary Subdivision Approval, Frandsen 18-Lot Subdivision, Tax Parcel No.’s 56-3-13.2 and 57-2-1.2, Town of Ithaca Planning Board, August 7, 2012 Moved by Eric VanderMaas; seconded by Linda Collins WHEREAS: 1.This action is consideration of Preliminary Subdivision Approval for the proposed 18-lot subdivi- sion located off Park Lane south of John Street, Town of Ithaca Tax Parcel No.’s 56-3-13.2 and 57-2-1.2, Medium Density Residential Zone. The proposal involves the construction of one new road (approximately 1,237 feet long) to provide access to 16 new residential lots and one lot dedi- cated for stormwater facilities. The project will also include the installation of new water, sanitary sewer, and storm sewer systems. William P. Frandsen, Owner/Applicant; Theodore E. Lauve, P.E., Agent, and 2.This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an uncoordi- nated environmental review with respect to the project has, on August 7, 2012, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Long 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 August 7, 2012, has reviewed and accepted as adequate, a packet of drawings titled “Preliminary Plans – Frandsen Subdivision – Brian Lane Section”, dated February 15, 2006, revised June – 2006 by John S. Macneill, Jr. P.E., revised June / July 2007 by John S. Macneill, Jr. P.E., and revised June 1, 2012 by Theodore E. Lauve, P.E., and other application materials, NOW THEREFORE BE IT RESOLVED: 1.That the Town of Ithaca Planning Board hereby grants Preliminary Subdivision Approval for the proposed 18-lot subdivision located off Park Lane south of John Street, as described in the draw- ings listed above, subject to the following conditions: a.granting of the necessary variances from the Town of Ithaca Zoning Board of Appeals, prior to final subdivision approval, and Planning Board Minutes 08-07-2012 Page 11 of 14 b.approval by the Town Board of the concept and locations of Brian Lane, the sanitary sewer mains, and the water mains, following the recommendation of the Town’s Public Works Committee, prior to final subdivision approval, and c.either revision of the plans to move the Brian Lane turnaround completely on Tax Parcel No. 56-3-13.2, or approval by the Town Board, following the recommendation of the Town’s Pub- lic Work’s Committee, to locate the proposed turnaround on Town property and revision of the plans to locate the turnaround within the reserved strip on Tax Parcel No. 57-2-1.2, prior to final subdivision approval, and d.submission of the final subdivision plat, including all requirements on the Final Subdivision Checklist, prior to final subdivision approval, and e.submission of draft documents regarding the creation, operation and responsibilities of a home owners association or similar entity to own and maintain the stormwater facilities, satis- factory to the Attorney for the Town, prior to final subdivision approval, and f.submission of a tree / vegetation preservation plan to include specific trees or vegetation to be preserved during construction along with the proposed measures (flagging, fencing, etc.) to be implemented during construction, and any tree or other planting proposed as part of the pro- ject, prior to final subdivision approval, and g.revision of plans to include “no parking” signs located at the Brian Lane turnaround, prior to final subdivision approval, and h.submission of construction details and specifications of all proposed structures, roads, wa- ter/sewer facilities, stormwater management, and other improvements, using current Town of Ithaca Standards, prior to final subdivision approval, and i.revision of plans to show the water main easement between lots C23 and C25 to be 20 feet in width, prior to final subdivision approval, and j.revisions of appropriate drawings and the SWPPP to show the delineation of the Conserva- tion of Natural Areas regarding the stormwater reduction, prior to final subdivision approval, and k.evidence of the necessary approvals of the Tompkins County Health Department on the final plat regarding the realty subdivision, prior to signing of the plat by the Planning Board chair, and l.submission of the necessary easement, revised to be shown 10 feet beyond the edge of the swale on each side, from the adjacent landowners (Tax Parcel No. 56-3-26.2) for stormwater facilities to cross their property to reach Park Lane, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to the signing of the subdivision plat by the Planning Board chair, and m.a truck hauling plan(s) is to be provided regarding the removal of the excavation material (if leaving Park Lane) and the delivery route during construction of the infrastructure, for review and approval by the Town of Ithaca Public Works Department, prior to any work occurring on the site, and n.the construction of the road, stormwater facilities, and water and sewer facilities, satisfactory to the Town of Ithaca Public Works Department, is to occur prior to the application for any building permits for any houses, and Planning Board Minutes 08-07-2012 Page 12 of 14 o.submission of drainage easements, maintenance schedules / agreements, and/or deed re- strictions or other legally sufficient mechanisms for all lots containing stormwater facilities (including the proposed rain gardens), satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to the application for any building permits for any houses, and p.submission of a stormwater “Operation, Maintenance, and Reporting Agreement” between the property owner and the Town of Ithaca, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to the application for any building permits for any houses, and q.upon issuance of Final Subdivision Approval, submission for signing of one original or mylar copy and three dark-line prints of the final plat by the Planning Board Chair, said plat to be filed in the Tompkins County Clerk’s Office, and a copy of the receipt of filing provided to the Town of Ithaca Planning Department, prior to the application for any building permits for any houses, and r.submission of record of application for and proof of receipt of all necessary permits from county, state, and/or federal agencies, prior to the issuance of any certificates of occupancy for any houses, AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board finds that there is no need for any park land reservation created by this proposed subdivision, and hereby waives the requirement for any park land reserva- tion, AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board finds that the proposed 1,237 +/- foot long new paved road is acceptable for this proposed subdivision, is still consistent with the purpose of the Subdivision Regulations, is consistent with the neighboring John Street to the north, and hereby waives the re- quirement that a street with a cul-de-sac shall not exceed 1,000 feet in length (Section 234-23.I of the Town Code). Vote: Ayes – Wilcox, Collins, Beach, Baer, VanderMaas Nays – Conneman, Bosak AGENDA ITEM SEQR Determination: College Crossings Modifications, Danby Road Mr. Monkemeyer and Edward Keplinger, architect, were present. Mr. Wilcox said that it is not the Planning Board’s role to argue with Mr. Bates’s position, which is that the zoning allows mixed-use residential, but does not allow the occupancy. Board members did not have a problem with residential units on the second floor, but there’s an interpretation that it will not be allowed as proposed. Ms. Moynihan Schmitt stated that Mr. Bates has a right to make a determination of the code, and if that determination is not acceptable to the applicants, they can appeal to the ZBA for a review of the Planning Board Minutes 08-07-2012 Page 13 of 14 determination. The Planning Board can also ask for a review. Mr. Bates’s interpretation is that the residential part of the mixed-use should follow the code definitions of dwelling unit and family. She thinks that part of the disconnect is that there’s no mention of dwelling in that particular section of the code, so Mr. Bates was wishing to supply a definition. It could be argued under the rules of con- struction, that if you do not have a definition of dwelling, dwelling unit, or family in that particular section of the code, it does not apply. The argument at the ZBA will be: what is the definition of dwelling? Dwelling is primarily used as living quarters. And the flip is that in mixed-use, by definition, residential is an accessory use. There’s a conundrum because the zone allows accessory residential use, but it cannot be primary like in a dwelling. So it seems that the zone cannot permit a dwelling, as defined in the code, because it has to be accessory in that particular provision. She said that the code should be revised so that it’s clearer, but if there is a question on interpretation, it should go to the ZBA. Mr. Wilcox stated that the ZBA can affirm Mr. Bates’s decision or do something else. Mr. Bates stated that there will then be a decision for what is permitted and what is not permitted for future projects. Mr. Monkemeyer said that when he read the mixed-use ordinance, it was silent on the issue of occu- pancy and dwelling. This is a commercial zone, and the kinds of occupancy will not be families and children, but people who might want to live in a commercial space, such as the entrepreneurs them- selves. There’s a lot of opportunity here and to narrowly define it to something you might find in a low-density residential zone may not be what the crafters of this ordinance had in mind. Mr. Wilcox responded that the Board is powerless on the issue. The Board cannot make a determina- tion; that’s the purview of the ZBA. Mr. Bates stated that the point is that there’s nothing to base his ruling on, so by denying it, he’s forc- ing the ZBA to make a ruling on it, and then the decision will be made. Mr. Wilcox stated that there’s general agreement that the Board likes the revised plan. He suggested moving on to discuss the stormwater, which is the second issue. Mr. Keplinger stated that they had spoken with the site engineer and are working on the stormwater issues. Mr. Wilcox said that without the review from the Town Engineer, the Board wouldn’t be able to get through the environmental review. Mr. Monkemeyer stated that the problem with the stormwater plan that was approved is getting to a depth of 13 to 15 feet deep. They hit rock at six and a half feet, so to get to that depth, they’d have to blast. Blasting is expensive. He’d rather run the stormwater under the parking lot like College Circle and some other commercial projects did. Mr. Hebdon responded that they were handed the revised 237-page stormwater plan on Monday, so they hadn’t been able to do more than a cursory review. He’s sure an agreement can be reached; it’s just not done yet. Mr. Bosak stated that he agrees with the County’s recommendations. He thinks this might finally be a way to find a location for the bus stop; in fact, the chunk that would make a good bus stop belongs to the County. Planning Board Minutes 08-07-2012 Page 14 of 14 Mr. Monkemeyer said that the reason he wants to change the use from office to residential is because tlie residential will work. He thinks the reality is that, in the future, all that land will evolve into Ithaca College. So far, the space has a locally-owned bakery and a fitness center. He needs 12,000 square feet of preleased space to get the loan and only has 8500. There's a lack of demand for office space. Mr. Bosak wanted to convey that the Board is happy with the mixed-use concept. Mr. Wilcox stated that it's unusual in the Town because of the zoning. The Comp Plan update has looked at this issue of separating commercial and residential. When College Town allowed six- or seven-story buildings with commercial on the ground, it worked well for them. Mr. Bosak agreed, saying that the best cities in the world are organized with businesses on the ground and residential above. Ms. Collins said that the residential units might appeal not only to younger people, but that older people also would like to live where there's a bakery or a bank downstairs. She suggested that Mr. Monkemeyer be open to a different demographic. Mr. Monkemeyer responded that he saw her point, but since he initially designed the two spaces for office space, he wants the floor plan to be able to go either way. AGENDA ITEM Approval of Minutes ofjuly 17, 2012 PB Resolution No. 2012-056: Minutes of July 17, 2012 Moved by Fred Wilcox; seconded by Linda Collins WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on July 17, 2012; now therefore be it RESOLVED, the Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meeting on July 17. Vote: Ayes - Wilcox, Collins, Beach, Baer, Bosak, VanderMaas AGENDA ITEM Adjournment Upon a motion by Jon Bosak the meeting adjourned at 9:53 p.m. Respectfully submitted. Debra DeAugistine-, Deputy T