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HomeMy WebLinkAboutPB Minutes 2019-02-05TOWN OF ITHACA PLANNING BOARD Shirley A. Raft'ciisperger Board Rooni,'Fown Hall 215 North Tiog.,,i Street Ithac,,r, New York 14850 -Utri -J= J.,_-2011-91. A-GEND-A 7:001',M. PUBLIC HEARING: Cori sider,,,ition ofPrefininiary and Final Site Plan Approval for the proposed Radiation Medicine Addition project located tit the Cayuga Medical C.'enter, 101 Harris B, Dates Dri ve,'Fown offtliaca Tax Parcel No, 24,-Y3-2.1, Office Park Commercial Zone, The project involves a 1,600+/- square kwt addition located "At the front of the hospital, adj"Acent to the existing radiation urrit, CayUgil Medical (".'enter, ONkner/Applicant,- 11OLTArchitects, P,C., Agent, T15 P.M. SEQR Determination: I-Ady /Town of Ithaca 2 -Lot SUbdivision, 827 Elmira Road. 7:15 P.M. PUBLIC 11EAR1N()'w: ( lonsideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision locatedat 827 Elmira Road, Town of ItNaca Tax Parcel No. 35.-l- 10 1, Low Density Residential Zone and Conservation Zone, The proposal involves subdividing the 18 +/- acre parcel into as 7.55 +/- acre parcel Warcel A), which contains the Eddydale Farin Stand,and as 10.75 +/- acre vacant parcel (Parcel B) to be acquired by the 'rown (Althaca for ftiture conveyance to the NYS Office of Parks, Recreation and 1-listoric preservation, Alfred & Mildred FAdy, Owners; Town of Rhaca, Applicant. 4. Nornimnion ,And Election of Vice -Chan -person for, 2019. 5, IntrodUldron and initial discussion of the Chain Works District Planned Development Zone, (a, Persons to be heard 7, Approval OfMinUtCS: December 4, 2018 Other Business 9. Adjourrinlerit SLIsan Ritter Director of Planning 273-1747 NOTE- IF ANY MEMBER OF TATs PLANNING BOARD IS UNABLET() A'ITEND, PLEASE NOTIFY SANDY P( I )U E A"1" 2'7.3-1.747 or (A quormn of four 4) members is necessary to conduct Phinning Board husiness.) Accessing Meeting jklaterials Online Site Plan and Subdivision applications and associated proJect materials are accessible eledrunically on the Town's ochsite wider "Planning Board" on t1w "Meeting Agendas" page TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, February 5, 2019 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, February 5, 2019, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:00 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed Radiation Medicine Addition project located at the Cayuga Medical Center, 101 Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24.-3-2.1, Office Park Commercial Zone. The project involves a 1,600+/- square foot addition located at the front of the hospital, adjacent to the existing radiation unit. Cayuga Medical Center, Owner/Applicant; HOLT Architects, P.C., Agent. 7:15 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 827 Elmira Road, Town of Ithaca Tax Parcel No. 35.-1-10.1, Low Density Residential Zone and Conservation Zone. The proposal involves subdividing the 18 +/- acre parcel into a 7.55 +/- acre parcel (Parcel A), which contains the Eddydale Farm Stand, and a 10.75 +/- acre vacant parcel (Parcel B) to be acquired by the Town of Ithaca for future conveyance to the NYS Office of Parks, Recreation and Historic Preservation. Alfred & Mildred Eddy, Owners; Town of Ithaca, Applicant. Said Planning Board will at said time and said place hear all persons in support of such, matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Susan Ritter Director of Planning 273-1747 Dated: Friday, January 25, 2019 Publish: Wednesday, January 30, 2019 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. February 5, 2019 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: January 25, 2019 Date of Publication: January 30, 2019 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 30th day of January 2019. .Notary Public DE138RAH KELLEY %.-Notary Public, State of New York No. Q1KE$025073 - ` "QualifMd irr_SchL.lyler County/ =CamrnissiGn�ExpiteEMay 17, 20 J . J TH 7'.'00 P'M'; ConsWoratforl of Proti'mifflory, onrl Final Site X_ Agent, aarr iRitter 273-1747 [cru * kir � � sd ay, l nIksaarrrvy 30, 2011 j Town of Ithaca Planning Board 215 North Tioga Street February 5, 2019 7:00 p.m. PLEASE SIGN -IN Please Print Clearly. Thank You Name Address 67z -dA -,-j V -Pow Ao/ 04W'S a9-. _f7WAC+ TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, February 5, 2019 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox, Cindy Kaufinan, Liebe Meier Swain, Joseph Haefeli, John Beach, Yvonne Fogarty, Jon Bosak, Jennifer Karius Town Staff Present: Susan Ritter; Director of Planning; Bruce Bates, Director of Code Enforcement; Chris Balestra, Planner; David O'Shea, Civil Engineer; Susan Brock, Attorney for the Town; Debra DeAugistine, Deputy Town Clerk Call to Order Mr. Wilcox called the meeting to order at 7:04 p.m. and welcomed our two new members. Ms. Kaufman recused herself from the first agenda item; since Cayuga Medical Center is a client of the firm she works for. AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval for the proposed Radiation Medicine Addition project located at the Cayuga Medical Center, 101 Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24.-3-2.1, Office Park Commercial Zone. The project involves a 1,600+/- square foot addition located at the front of the hospital, adjacent to the existing radiation unit. Cayuga Medical Center, Owner/Applicant; HOLT Architects, P.C., Agent Mr. Wilcox opened the public hearing at 7:05 p.m. Thomas Covell, HOLT Architects, and Stevan Knapp, CMC director of facilities construction were present. Mr. Covell said this is a small project. In 2005, the hospital built its new radiation medicine addition adjacent to where the project is located. One radiation treatment room was constructed and has been in operation for 14 years. The expensive and complicated equipment that the room was constructed to house is reaching the end of its life. It takes at least ten weeks to remove, reinstall, recommission, test, and train on the new equipment, so the hospital has decided to build a new room adjacent to the existing room to install the new equipment; it serves the same purpose as the original, but is more powerful and sophisticated. At the end of the process, the old equipment will be removed and sold and the room will be repurposed for uses other than radiation treatment. The project is located in the northwest corner of the hospital. It's on the second floor, at the grade -level entrance to the medical office building, which is north of the main entrance. When the addition was originally built, the foundation for this room was put in place. Radiation is a key part of the treatment for cancer and the service has to be continuous and uninterrupted; the hospital can't miss a single day of treatment because some patients come in every day or multiple times a week for treatment. The building will include an expansion of the existing brick look and an extension of the precast concrete, which is a costly material. The hospital is requesting simultaneous approval for an option to use formed metal panels instead of precast concrete for exterior cladding, to be decided once they put the project out to bid and get prices. At the end of the project, the parking, access, and dropoff location will be restored Planning Board Minutes 02-05.2019 Page 2 of 9 to the current configuration. The project will not result in an increase in the number of patients, so there's no need for any change in the site work around the building. Mr. Haefeli asked about the metal panels and the difference between the exterior cladding and the wall itself. Mr. Covell said it's just the surface. The thick gray walls are concrete for radiation shielding. The foundation for this addition was poured when the original treatment room was constructed 14 years ago. Mr. Knapp added that the thickest part of the concrete wall is 8 feet thick, so it would be extremely disruptive if they had to excavate it and put in footings. Mr. Wilcox said it's unusual for the board to be asked to approve two options, of which the applicant is going to pick one. But given the location of the hospital building and the fact that they've used the metal elsewhere, it isn't an issue for him. No other board members expressed concern. Mr. Bates asked about repurposing the space they're vacating. Mr. Covell said it won't be used for treatment. For the short term, it will be used for storage, but in the long term, other diagnostic equipment might be put in that room. Ms. Meier Swain asked how they'll remove the existing equipment. Mr. Covell said they'll go out the same way they came in: the corridors were sized to be able to roll the original equipment in through the lobby. Mr. Wilcox closed the public hearing at 7:24 p.m. PB Resolution No. 2019-001: Preliminary and Final Site Plan, CMC Radiation Medicine Department Addition, 101 Harris B. Dates Drive, Tax Parcel No. 24.3-2.1 Moved by Liebe Meier Swain; seconded by Joseph Haefeli WHEREAS: This action is consideration of Preliminary and Final Site Plan Approval for the proposed Radiation Medicine Addition project located at the Cayuga Medical Center, 101 Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24.-3-2.1, Office Park Commercial Zone. The project in- volves a 1,600+/- square foot addition located at the front of the hospital, adjacent to the existing radiation unit. Cayuga Medical Center, Owner/Applicant; HOLT Architects, P.C., Agent; 2. This is a Type II Action, pursuant to 6 NYCRR Section 6175(c)(9) of the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Envi- ronmental Quality Review Act, because the Action constitutes the "construction of a primary or Planning Board Minutes 02-05.2019 Page 3 of 9 accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities." Thus, approval of the site plan is not subject to review under SEQR; and 3. The Planning Board, at a public hearing held on February 5, 2019, has reviewed and accepted as adequate a narrative, drawings titled "Radiation Medicine Addition, Cayuga Medical Center, 101 Dates Drive, Ithaca, NY 14850," including sheets A01 A05, prepared by HOLT Architects, P.C., dated 01/03/19 and other application materials; NOW THEREFORE BE IT RESOLVED THAT: 1. The Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having deter- mined from the materials presented that such waiver will result in a significant alteration of nei- ther the purpose of site plan control nor the policies enunciated or implied by the Town Board; and 2. The Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed 1,600+/- square foot expansion to the Radiation Medicine Department at Cayuga Medical Center, located at 101 Harris B. Dates Drive, as described in Whereas #3 above, subject to the following condition: a. Before issuance of a building permit, submission to the Planning Department of one large -size original of the final site plan drawings, signed and sealed by the registered land surveyor(s), engineer(s), architect(s), or landscape architect(s) who prepared the site plan materials. Vote Ayes: Wilcox, Haefeli, Beach, Fogarty, Meier Swain, Bosak, Karius AGENDA ITEM SEQR Determination: Eddy / Town of Ithaca 2 -Lot Subdivision, 827 Elmira Road Bill Goodman, Ithaca town supervisor, stated that a couple years ago, lie and county planning staff got together with Fred Bonn, director of the Fingerlakes Region State Parks, to figure out how to move forward with extending the Black Diamond Trail through to Lower Treman. There are only three parcels that the state is not in control of to complete that segment. State parks were in discus- sion with the Eddys and they came up with an agreement to purchase the property, but because the state, in its infinite bureaucracy, takes a long time to get things done, they asked if the town could help out so the Eddys didn't lose interest. The town sets aside $100,000 every year for our parks, recreation, and open space planning, so we have a nice pot of money for acquiring properties. We're buying the parcel for $60,000, and the regional state parks will try to get the money out of Albany to buy it from us. We're still working on the two remaining parcels, one which is part of the estate of Hazel Cortright. We had started talking to her son, Dave Cortright, who was trying to wrap up his mom's estate, then lie passed away, so it's up in the air. The final piece is a 17 -acre vacant parcel to the north of that, owned by Roger Beck. Planning Board Minutes 02-05.2019 Page 4 of 9 Mr. Wilcox asked Ms. Brock what the town can do about the fact that we are consolidating land- locked Parcel B with tax parcel 35.-1-8.21, which is also landlocked. Ms. Brock said the state is fine if we want to change the condition to consolidating Parcel B with both 8.21 and 8. 11, which has a lot of road frontage. Mr. Wilcox pointed out that the resolution also says that this will have to occur within two years; normally, we like to resolve things in six months. Mr. Goodman responded that the state needs time to get the money together. Ms. Fogarty asked where the trail ends up. Mr. Goodman said it crosses under Route 13 with destination to Lower Treman. Ms. Balestra added that the location of the trail is tentative. Mr. Goodman noted that the state parks has said that, in addition to taking a bit of time to get the money to purchase the remaining three parcels, they need to get the money to build the trail. So, it's not a given that the trail will be built in two years. PB Resolution No. 2019.002: SEQR, Preliminary and Final Subdivision Approval, Eddy/Town of Ithaca 2 -Lot Subdivision, 827 Elmira Road, Tax Parcel No. 35.4-10.1 Moved by Fred Wilcox; seconded by John Beach WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 827 Elmira Road, Town of Ithaca Tax Parcel No. 35.-1-10.1, Low Density Residential Zone and Conservation Zone. The proposal involves subdividing the 18 +/- acre parcel into a 7.55 +/- acre parcel (Parcel A), which contains the Eddydale Farm store, and a 10.75 +/- acre parcel (Parcel B) to be acquired by the Town of Ithaca for future conveyance to the NYS Office of Parks, Recreation and Historic Preservation. Alfred & Mildred Eddy, Owners; Town of Ithaca, Applicant, 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, 3. The Planning Board on February 5, 2019, has reviewed and accepted as adequate a survey map entitled "Subdivision Map, Showing Lands Of Alfred C. Eddy, Located on Elmira Road, Town of Ithaca, Tompkins County, New York", prepared by T. G. Miller P.C., dated 12/1/2018, and other application materials, and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; Planning Board Minutes 02-05.2019 Page 5 of 9 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 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Vote Ayes: Wilcox, Kaufman, Haefeli, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 827 Elmira Road, Town of Ithaca Tax Parcel No. 35.-1-10.1, Low Density Residential Zone and Conservation Zone. The proposal involves subdividing the 18 +/- acre parcel into a 7.55 +/- acre parcel (Parcel A), which contains the Eddydale Farm Stand, and a 10.75 +/- acre vacant parcel (Parcel B) to be acquired by the Town of Ithaca for future conveyance to the NYS Office of Parks, Recreation and Historic Preservation. Alfred & Mildred Eddy, Owners; Town of Ithaca, Applicant Mr. Wilcox opened the public hearing at 7:45 p.m.; hearing no one, lie closed it at 7:46. PB Resolution No. 2019-003: Preliminary and Final Subdivision Approval, Eddy/Town of Ithaca 2 -Lot Subdivision, 827 Elmira Road, Tax Parcel No. 35.4-10.1 Moved by Liebe Meier Swain; seconded by Yvonne Fogarty WHEREAS: This is consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 827 Elmira Road, Town of Ithaca Tax Parcel No. 35.-1-10.1, Low Density Residential Zone and Conservation Zone. The proposal involves subdividing the 18 +/- acre parcel into a 7.55 +/- acre parcel (Parcel A), which contains the Eddydale Farm store, and a 10.75 +/- acre parcel (Parcel B) to be acquired by the Town of Ithaca for future conveyance to the NYS Office of Parks, Recreation and Historic Preservation. Alfred & Mildred Eddy, Owners; Town of Ithaca, Applicant, 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 February 5, 2019, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff, and 3. The Planning Board on February 5, 2019, has reviewed and accepted as adequate a survey map entitled "Subdivision Map, Showing Lands Of Alfred C. Eddy, Located on Elmira Road, Town of Planning Board Minutes 02-05.2019 Page 6 of 9 Ithaca, Tompkins County, New York", prepared by T. G. Miller P.C., dated 12/1/2018, and other application materials; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, hav- ing determined from the materials presented that such waiver will result in a significant alteration of neither the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision located on Elmira Road, as shown on the survey map noted in Whereas #3 above, subject to the following conditions: a. Submission for signing by the Chairperson of the Planning Board of an original and three dark tined prints of the approved final subdivision plat, prior to filing with the Tompkins County Clerk Office, and submission of a copy of the receipt of filing to the Town of Ithaca Planning Department, and b. Within two years of final approval, consolidation of Parcel B (10.75+/- acres) with Tax Parcels 35.-1-8.11 and 35.-1-8.21, and submission of a copy of the consolidation request to the Town of Ithaca Planning Department. Vote Ayes: Wilcox, Kaufman, Haefeti, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM PB Resolution No. 2019-004: Nomination and Election, Planning Board Vice Chairperson 2019 Moved by Fred Wilcox; seconded by John Beach RESOLVED that the Town of Ithaca Planning Board does hereby nominate and elect Liebe Meier Swain as Vice Chairperson of the Planning Board for the year 2019; and BE IT FURTHER RESOLVED that said election shall be reported to the Town Board. Vote Ayes: Wilcox, Kaufman, Haefeti, Beach, Fogarty, Bosak, Karius Abstentions: Meier Swain AGENDA ITEM Introduction and initial discussion of the Chain Works District Planned Development Zone (PDZ) Planning Board Minutes 02-05.2019 Page 7 of 9 Ms. Ritter said we started writing the PDZ in 2014. When the language first got drafted, there was the idea that the exact same language would be used in the city's PUD. After a year or so, it was decided that this wouldn't be the case, and we've taken our own routes. More recently, a new team comprised of Randall and West and Jamie Gensel of Fagan Engineers and Land Surveyors took over writing the PDZ, using Maplewood as an example. Town staff, Susan Brock, and the planning committee were also involved. We're getting close to having a final draft, and part of the push to get this done is that the GEIS is becoming finalized, and the PDZ is supposed to be part of that. Mr. Wilcox commented that PDZs used to be six- or seven -page documents; this PDZ is 58 pages and it comes with the zoning as well. Ms. Ritter agreed that it's getting more complicated, but the direction we've taken is to be more prescriptive with what we want to see from a development; we haven't always gotten what we've wanted in the past. So now we can say that we want a particular style of neighborhood and that we want more control over form and we want charts and diagrams and pictures so people understand it better. One of the things to understand about this PDZ is that there are subareas based on the features that are already there or that we want to see. For instance, CW -1 comprises the steep -sloped, undeveloped areas around Chain Works. The plan is not to develop those areas except, perhaps, for trails or open spaces. So that subarea has its own uses, which are very limited. In CW -4, there's a manufacturing plant, which is fairly modern and ready to go, so there are no changes proposed to that; we want to maintain the industrial uses in that building. CW -2a and 2b in the town are largely undeveloped lands that would have new development. The subareas within the PDZ have their own rules that guide street standards, allowed uses, building types. Mr. Bosak asked whether the city has the same taxonomy because they're recycling our analysis for their part; i.e., whether the city is also drawing this area and calling the subareas by the same name. Mr. Gensel said yes, they wanted to try to keep the subareas as much the same as possible. The guidelines are roughly the same: the same setbacks, same elevations of the buildings. Mr. Bosak asked about CW -3a, which has road frontage. Mr. Gensel said the major difference is the number of stories allowed in the strip along the road. He added that one of the biggest differences between the PUD and the PDZ is that the design guidelines are incorporated in the PDZ, versus being a standalone product in the PUD. Ms. Ritter said most of the city portion is the old factory buildings, whereas most of the development in the town is the undeveloped lands. CW -3a and 3b have a lot of parking spaces. Mr. Gensel said because they're doing LEED ND, they can't build new parking lots. The GEIS calls for parking demand mitigation; until they can get their parking demand, they have to retain the parking. They hope to get rid of parking spaces. David Lubin believes car ownership is going to be gone in the next 20 years. Mr. Bosak asked if this is the zoning language. Planning Board Minutes 02-05.2019 Page 8 of 9 Ms. Ritter responded that it is, except that starting with page 44, those are guidelines. Everything before page 44 are requirements. If it gives a range, that is a requirement: you must do it this way. You need to go to the ZBA if you cannot sheet those. Guidelines are, We'd like you'd to do it this way, and you need to explain why you cannot do it. Ms. Fogarty said it looks like a lot of the 500 units in the town of Ithaca could house college students, in the collective living units. Mr. Gensel said the whole intent of the project is market rate apartments. Ms. Ritter pointed out that page 57 has modified rules for site plan modifications. The planning committee felt very comfortable with how they changed those currently in our code. She would like the rules to apply not only to the Chain Works PDZ, but for any future site plan modification. Mr. Wilcox said an example was the CMC public hearing tonight: did that really need to come before us? AGENDA ITEM PB Resolution No. 2019-005: Minutes of December 4, 2018 Moved by John Beach; seconded by Yvonne Fogarty RESOLVED, the Planning Board approves the minutes of December 4, 2018, as submitted. Vote Ayes: Kaufman, Haefeli, Beach, Fogarty, Meier Swain, Bosak Abstentions: Wilcox, Karius AGENDA ITEM Persons to be heard - No one came forward to address the board. AGENDA ITEM Other Business On a motion by Fred Wilcox, seconded by Liebe Meier Swain, the board voted to cancel the sheeting of February 19, 2019. Mr. Wilcox noted that the Planning Federation conference is coshing at the end of April. Ms. Balestra added that there will be a webinar on Friday from 1:00 to 2:30 at town hall. On March 7th, there's a one -day planning symposium in Syracuse, and on March 11th, there's a similar training in Cortland. Planning Board Minutes 02-05-2019 Page 9 of 9 Mr. Wilcox said that at a meeting of the city of Ithaca planning board in December, members of the community urged some board members to abstain from the North Campus Residential Expansion project because they're employed by Cornell or have an association with the project. They didn't recuse themselves and the city has determined that an EIS wasn't necessary. Mr. Wilcox sent an email to the director of planning and development in the city saying that a member of their planning board should recuse himself. This person is a Cornell employee who sat on the committee at Cornell that recommended that the project move forward. Having prejudged the application, he should have recused himself. A letter to the city from a lawyer representing the community members suing the city pointed out that, as a Cornell employee, Ms. Meier Swain recused herself from the proceedings. The Ithaca town board was sued over lake source cooling because four of the seven members were employed by Cornell or had some association and should have recused themselves. A court said the fact that they work for Cornell was not sufficient for them to have to recuse themselves. Mr. Bosak said eliminating anyone who has any connection WOLdd be difficult, but in this case, he thought Mr. Wilcox was correct. Susan Brock pointed to the town's code of ethics for the benefit of new members; in particular, a provision that basically says that if you work for an applicant, like Cornell, and your job would be potentially affected by your vote, you should recuse yourself. That's what happened with Ms. Meier Swain: someone in a position above her is directly involved in this project. This puts her in an uncomfortable position: if she were to vote against it, she could lose her job or her career. And that's what Ms. Kaufman did for the Cayuga Medical Center project: even though she didn't work on this particular project, she works for the architecture firm and CMC is one of her clients. It's best to err on the side of caution: whether it's an actual conflict of interest or even the appearance of one, we encourage you to recuse yourself. If the public thinks you might be biased, we want to preserve the integrity of the process as much as we can. Mr. Wilcox said that the only asset we have is the trust of the public; they might not agree with us, but they trust that we'll make an honest, reasoned decision in front of them. He added that recusals are made in public, not via email. Ms. Brock said that because it's a small town, it's likely that you will know some of the applicants. Adjournment Upon a motion by Liebe Meier Swain, the meeting adjourned at 8:38 p.m. Respectfully submitted, I -�Az� �ebra..DeAugis De 'Cl puty Town'