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HomeMy WebLinkAboutPB Minutes 2022-02-01 TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca,New York 14850 Tuesday, February 1, 2022 Due to COVID-19 and the NYS Legislation allowing virtual meetings (amendments to Chapter 417 of the Laws of 2021 signed by Governor Hochul on 1/14/22),the meeting will be held via the Zoom audio/visual application with no in- person attendance permitted. Members of the public may listen to (call in on cell or landline: (929)436-2866 and enter the Meeting ID: 836 4376 4382) or view(by computer go to https://us06web.zoom.us/j/83643764382)the Board meeting through Zoom. AGENDA 7:00 P.M. SEQR Determination: Sgrecci Subdivision, 107 Bundy Road and 1130 Trumansburg Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 107 Bundy Road and 1130 Trumansburg Road, Town of Ithaca Tax Parcel No.'s 27.-1-11.22 and 27.-1-11.1,Medium Density Residential Zone. The proposal involves subdividing 0.80 +/-acres from Tax Parcel No. 27.-1-11.1 and 3.49+/-acres from Tax Parcel No. 27.-1-11.22,which will be combined to create a new 4.29 +/-acre parcel containing an existing house,barn and shed. The proposal also involves conveying 0.54+/-acres from Tax Parcel No. 27.-1-11.22 to Tax Parcel No. 27.-1- 11.1 and conveying 163+/- square feet from Tax Parcel No. 27.-1-11.1 to Tax Parcel No. 27.-1-11.22.No development is proposed. Marilyn P. Sgrecci and Mary Louise Perry Trust, Owners; Marilyn P. Sgrecci and Carl Sgrecci,Applicants. 7:15 P.M. PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed Cornell University New Experimental Hall at Wilson Laboratory,located on Synchrotron Drive,Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone. The proposal involves the construction of a 2-story,+/- 15,869 square foot building on the west side of Wilson Laboratory. The project will also include a new 20' wide paved access path and turnaround,bicycle racks,bioretention facilities, slope drainage improvements,and native plantings. Cornell University, Owner/Applicant; Kimberly Michaels, Trowbridge Wolf Michaels Landscape Architects,Agent. 2. Persons to be heard. 3. Approval of Minutes:None. 4. Other Business. 5. Adjournment. Susan Ritter Director of Planning 273-1747 NOTE:IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY CHRIS BALESTRA AT 273-1747 or CBALESTRA(a),TOWN.ITHACA.NY.US. (A quorum of four(4)members is necessary to conduct Planning Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website under"Planning Board"on the"Meeting Agendas"page(http://www.town.ithaca.nv.us/meeting-agendas). NEW YORK 11 TOWN OF ITHACA t1 DEPARTMENT OF PLANNING 215 N.Tioga St 14850 607.273.1747 wwwtown.qbggg,ni+„9!S AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION STATE OF NEW YORK ) SS.: COUNTY F TOMPKINS ) I, Abby Homer, Administrative Assistant for the Town o of Ithaca being duly sworn, depose and say, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 261h day of January 2022, deponent served the within Notice upon the property owners within 500 ft. of the property identified below for: Segrecci 3-Lot Subdivision fora property located at: Tax Parcel # 2T-1-11.22 & 27.-1-1.1.1 CU New Experimental Hall at Wilson Lab Final Site Plan Review for a property located at Tax Parcel # 63.-1-8.1 y depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York, and that the attached notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on January 261h, 202 and the notice has been duly published in the official newspaper, Ithaca Journal on January 20h, 2022. 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Any I marsa+nava mrwaf^:aHi nay to address the board wawr" wea Vre.area, hir frrtko n, a;Carnvrr°me„bmt„c ai n km sent v as u't maamk to ' towamaw,Uu�*rIPR��t'e' uaova.ut.lfp„:a a�.ra .u.nas r.mw to the end of Ibusa prvamaa the day of the rrnna e f rng and aIll covnnrnme ruts"gill Itaer forwarded to fheIhnraairC^H, Aetrfsffe,rarofb4c.,°arumm fmcaumfa maor,arH alkAe d'af w v .farawa vw,llffnaaa:aa,vnyr..r.0 . Susan Rfr,ter, tknpr'a:e t(>r°of Planning 01/26/2022 .m..1....-1—mm.............. .,w„ w,. ... mmm...................----...................... rba'rr its aur.mn TOWN OF ITHACA PLANNING BOARD February 1, 2022 MINUTES Due to amendments to Chapter 417 of the Laws of 2021 signed by Governor Hochul on 1/14/2022,the meeting was held via ZOOM.com and broadcast on the Town's YouTubeLive channel Board Member Present: Liebe Meier Swain, Chair; Members Cindy Kaufman, Fred Wilcox, Ariel Casper, Yvonne Fogarty, Liz Bageant and Alternate Bill Arms Absent: Greg Lindquist Town Staff. David O'Shea, Engineering; Marty Moseley, Codes; Paulette Rosa, Town Clerk; Susan Brock, Attorney for the Town; Chris Balestra, Planner; and Sue Ritter, Director of Planning Ms. Meier Swain opened the meeting at 7:03 p.m. Sgrecci Subdivision, 107 Bundy Road and 1130 Trumansburg Road Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 107 Bundy Road and 1130 Trumansburg Road, Town of Ithaca Tax Parcel No.'s 27.- 1-11.22 and 27.-1-11.1, Medium Density Residential Zone. The proposal involves subdividing 0.80 +/- acres from Tax Parcel No. 27.-1-11.1 and 3.49 +/- acres fromTax Parcel No. 27.-1- 11.22, which will be combined to create a new 4.29 +/- acre parcel containing an existing house, barn and shed. The proposal also involves conveying 0.54+/- acres from Tax Parcel No. 27.-1- 11.22 to Tax Parcel No. 27.-1-11.1 and conveying 163+/- square feet from Tax Parcel No. 27.-1- 11.1 to Tax Parcel No. 27.-1-11.22. No development is proposed. Marilyn P. Sgrecci and Mary Louise Perry Trust, Owners; Marilyn P. Sgrecci and Carl Sgrecci, Applicants. Mr. Sgrecci shared his screen to display the proposed subdivision and gave an overview, saying that the subdivision is up Bundy Rd,just past the Brookdale Retirement Center and the goal is to subdivide the main farm parcel that currently has two houses on it; ours and our son's. The difficulty came in ensuring the farm parcel had enough road frontage while looking to the future, making sure that if the farmhouse were ever to be separated from the larger parcel, there would be frontage for a legal lot there also and finally, the creek along the boundary that we would like to shift to what will be our parcel. Ms. Fogarty stated that she has no issue with the rearranging of the parcel lines but asked if he had any plans to further develop the farmland. Mr. Sgrecci responded that there are no plans for that, and unless there is a severe monetary constraint, he would not develop it, adding that their children are attached to the farm and have no plans to do so,but that is why he is trying to increase the road frontage for the farmhouse so it could be a legal house on its own in the future if necessary or wanted. PB 2022-02-01 (Filed 2/17) Pg. 1 There were no other questions from the Board. SEQR Determination The Board had no questions on the SEQR form or resolution. PB RESOLUTION 2022-001: SEQR Preliminary and Final Subdivision Approval Sgrecci Subdivision/Consolidation 1130 Trumansburg Road & 107-109 Bundy Road Tax Parcel No.'s 27.-1-11.1 & 27.-1-11.22 Town of Ithaca Planning Board, February 1, 2022 WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 107 Bundy Road and 1130 Trumansburg Road, Town of Ithaca Tax Parcel No.'s 27.-1-11.22 and 27.-1-11.1, Medium Density Residential Zone. The proposal involves subdividing 0.80 +/- acres from Tax Parcel No. 27.-1-11.1 and 3.49 +/- acres from Tax Parcel No. 27.-1-11.22, which will be combined to create a new 4.29 +/- acre parcel containing an existing house, barn and shed. The proposal also involves conveying 0.54+/- acres from Tax Parcel No. 27.-1-11.22 to Tax Parcel No. 27.-1-11.1 and conveying 163+/- square feet from Tax Parcel No. 27.-1-11.1 to Tax Parcel No. 27.- 1-11.22. No development is proposed. Marilyn P. Sgrecci and Mary Louise Perry Trust, Owners; Marilyn P. Sgrecci and Carl Sgrecci, Applicants; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in the environmental review with respect to the project; 3. The Planning Board on February 1, 2022, has reviewed and accepted as adequate a subdivision map entitled"Survey Map Showing Portion of Lands of Mary Louise Perry Trust, Estate of Richard A. Perry& Marilyn P. Sgrecci, located on Trumansburg Road, Town of Ithaca, Tompkins County,New York", prepared by Lee Dresser, Licensed Land Surveyor at T.G. Miller P.C., dated 6/3/2021,revised 12/7/2021, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; now therefore be it RESOLVED: 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. PB 2022-02-01 (Filed 2/17) Pg. 2 Moved: Ariel Casper Seconded: Cindy Kaufman Vote: Vote: ayes—Casper, Kaufman, Meier Swain, Fogarty, Arms, Wilcox, and Bageant PUBLIC HEARING Ms. Meier Swain opened the public hearing at 7:11 p.m. There was no one wishing to address the Board and the hearing was closed. DETERMINATION Mr. Wilcox stated that he is not a fan of property boundaries following center lines of creeks that may change over the years and that the house numbers are incorrect on the subdivision plat. A change to the resolution was made to reference and require a corrected plat. There were no further comments from the Board. PB RESOLUTION 2022 - 002: Preliminary and Final Subdivision Approval Sgrecci Subdivision/Consolidation 1130 Trumansburg Road & 107-109 Bundy Road Tax Parcel No.'s 27.-1-11.1 & 27.-1-11.22 Town of Ithaca Planning Board, February 1, 2022 WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 107 Bundy Road and 1130 Trumansburg Road, Town of Ithaca Tax Parcel No.'s 27.-1-11.22 and 27.-1-11.1, Medium Density Residential Zone. The proposal involves subdividing 0.80 +/- acres from Tax Parcel No. 27.-1-11.1 and 3.49 +/- acres from Tax Parcel No. 27.-1-11.22, which will be combined to create a new 4.29 +/- acre parcel containing an existing house,barn and shed. The proposal also involves conveying 0.54+/- acres from Tax Parcel No. 27.-1-11.22 to Tax Parcel No. 27.-1-11.1 and conveying 163+/- square feet from Tax Parcel No. 27.-1-11.1 to Tax Parcel No. 27.-1-11.22. No development is proposed. Marilyn P. Sgrecci and Mary Louise Perry Trust, Owners; Marilyn P. Sgrecci and Carl Sgrecci, Applicants; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, as lead agency in the environmental review with respect to the project,has on February 1, 2022, 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 1, 2022, has reviewed and accepted as adequate a subdivision map entitled"Survey Map Showing Portion of Lands of Mary Louise Perry PB 2022-02-01 (Filed 2/17) Pg. 3 Trust, Estate of Richard A. Perry & Marilyn P. Sgrecci, located on Trumansburg Road, Town of Ithaca, Tompkins County,New York",prepared by Lee Dresser, Licensed Land Surveyor at T.G. Miller P.C., dated 6/3/2021,revised 12/7/2021, and other application materials; now therefore be it RESOLVED, that the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision and consolidation on Trumansburg & Bundy Roads, as shown on the subdivision map noted in Whereas #3 above, subject to the following conditions: a. Submission for signing by the Planning Board Chair, of a revised original and three dark lined prints of the approved final subdivision plat, showing correct house numbers,prior to filing with the Tompkins County Clerk's Office; and submission of a copy of the receipt of filing to the Planning Department; b. The recording of this Planning Board resolution in the Tompkins County Clerk's Office indexed to the 3 lots (Tax Parcel No. 27.-1-11.1/1130 Trumansburg Road, Parcel A, Tax Parcel No. 27.-1-11.22/Remaining Lands of Perry, Bundy Road), and submission to the Planning Department of proof of such recording; c. If Parcel A is conveyed to an owner other than the owner of Tax Parcel No. 27.-1-11.22 (Remaining Lands of Perry, Bundy Road), then submission of a shared driveway easement and maintenance agreement and a sewer easement for Parcel A, that have been approved by the Attorney for the Town. Once approved, recording of said easements and maintenance agreement in the Tompkins County Clerk's office at the time of the recording of the deed for the conveyed lot; and submission to the Planning Department of proof of such filing within 5 days of the recording; d. If Parcel A is conveyed to an owner other than the owner of Tax Parcel No. 27.-1-11.1 (1130 Trumansburg Road), then recording in the Tompkins County Clerk's Office of a water easement that has been approved by the Attorney for the Town, at the time of the recording of the deed for the conveyed lot, and submission to the Planning Department of proof of such recording within 5 days of the recording; e. Within six months of this approval, consolidation of the 3.49+/- acre portion of Tax Parcel No. 27.-1-11.22 and the 0.80+/- acre portion of Tax Parcel No. 27.-1-11.1 into one new 4.29+/- acre parcel, and submission to the Planning Department of a copy of the completed Tompkins County Consolidation Request Form; f. Within six months of this approval, consolidation of Parcel B with Tax Parcel No. 27.-1- 11.1 (1130 Trumansburg Road), and submission to the Planning Department of a copy of the completed Tompkins County Consolidation Request Form; and g. Within six months of this approval, consolidation of Parcel C with Tax Parcel No. 27.-1- 11.22 (Remaining Lands of Perry, Bundy Road), and submission to the Planning Department of a copy of the completed Tompkins County Consolidation Request Form. Moved: Liebe Meier Swain Seconded: Cindy Kaufman PB 2022-02-01 (Filed 2/17) Pg. 4 Vote: ayes—Meier Swain, Kaufman, Fogarty, Casper, Wilcox, Bageant and Arms *Ms. Rosa stated for the record that Ms. Brock was conflicted out of the next item and would be stepping out of the meeting. Ms. Meier Swain noted that although there would not be an attorney for the town for this applicant, counsel is not a requirement and it will move ahead. Final Site Plan Approval for the proposed Cornell University New Experimental Hall at Wilson Laboratory, located on Synchrotron Drive, Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone. The proposal involves the construction of a 2-story, +/- 15,869 square foot building on the west side of Wilson Laboratory. The project will also include a new 20' wide paved access path and turnaround,bicycle racks,bioretention facilities, slope drainage improvements, and native plantings. Cornell University, Owner/Applicant; Kimberly Michaels, Trowbridge Wolf Michaels Landscape Architects,Agent. OVERVIEW Ms. Michaels gave an overview of the changes from the preliminary approval based upon the Board's comments. Ms. Kaufman asked about the stacks and asked for the depiction of the one stack. Ms. Michaels showed both views and explained that when the engineers went with two fans as opposed to one, they did not need each one to function 100% so they run at 75%. Ms. Kaufman said she would like to know the height of those stacks and she noticed that there are now trees depicted and she asked if those are new. Ms. Michaels responded that the trees are part of the landscaping plan and are faded out in the depiction to show the two HVAC stacks. Mr. Fernaays said the stacks are 132" tall, which is 5" taller than the initial plan. Ms. Kaufman said they are necessary,but they are substantial, and the use of the building mitigates the need which cannot be avoided. She said the building is a beautiful design. Mr. Wilcox added that the building is not in a residential zone so the impact is less. Mr. Wilcox asked the applicant team about the letter of January 25th about a commitment letter and compliance plan that was provided to Chief Parsons and he asked for a summary on that. Ms. Michaels stated that Cornell has been working on fire safety issues at Wilson Lab,but this is a different building and this building's fire code compliance is up to date. PB 2022-02-01 (Filed 2/17) Pg. 5 Ms. Meier Swain said it seemed odd to be looking at a building that is not part of the project and out of our jurisdiction and not relevant. Mr. Wilcox said it is relevant because people at the Synchrotron facility have not dealt with properly over the years, such as the temporary office trailers that are still there, which were granted a variance 29 years ago by the Zoning Board of Appeals, at which they were granted a sprinkler variance and which the Planning Board asked the Zoning Board to reconsider that variance, which they declined to do. Mr. Wilcox shared his screen, showing a picture of one of the entrances to one of the temporary offices, showing a stair landing with no railing and a red rope tied across where the railing should be. He said safety is an issue here and they have not dealt with it in the past and may not in the future and he is concerned with Mr. Newhouse's letter committing to improvements rather than a President or someone with the authority to ensure the changes and improvements will happen. Mr. Wilcox added that he is very unhappy with what is being proposed and he doesn't think we have enough information, saying if Cornell is not going to look after their buildings and people, then we have to, unfortunately. Ms. Meier Swain asked if the temporary building he showed is going away and Mr. Wilcox said that it is,but that is not the point,but rather, the question is why it existed in the first place. Mr. Meier Swain responded that she agrees, no dispute there,but that is not the project Mr. Wilcox said he could not vote for this project like this. Mr. Niekowiz said he works for Building Code Program at Cornell and he was Director of Code Enforcement for the City of Ithaca prior to that and the Building Department for 30 years prior to that. He said he knows Chief Parsons very well and has worked with him for years and he worked with him to develop a compliance plan for Wilson Lab, even though that building is not part of this plan. The letter from Chief Parsons clearly states that he is satisfied with that compliance plan and he added a few more for the NEH building which were brought to our attention at the last minute, over and above the code, and I am not arguing those requests at all, but we wanted to get a letter of commitment out as soon as possible showing Cornell is committed to do that, to provide better access to the building and this building. Ms. Kaufman asked if these remediations will be done as part of this project. Mr. N said the remediations for the NEH would be done with the NEH project and the remediations to the existing building has a time frame, but prior to occupancy of the new building and the majority of the existing building will be sprinklered as well as other items addressed. PB 2022-02-01 (Filed 2/17) Pg. 6 Mr. Wilcox asked what the timeline was and Mr. N responded prior to occupancy of the NEH the sprinklers as stated and the others will continue to be worked on after the completion of the NEH. Mr. Wilcox stated that he heard 5-10 years. Mr. N said yes, the other improvements will continue, but Chief Parsons was willing to sign off on the access because we have committed to improvements in both buildings. Ms. Michaels spoke, saying that although she appreciates that there is a lot of history here and it's complicated, and she applauds his concern about safety for all the buildings on campus, she has worked with the Cornell team closely, they are also highly invested in the safety all through campus. She said that she is getting mixed up because the new building is a new building, and to complicate this project with a building that is either next door or anywhere else on campus, that isn't up to code, or someone isn't happy with the safety of it... as a person who leads teams through the approval process, she is struggling with how to get through a process if you are going to start looking in other directions, look at other buildings. Ms. Meier Swain stated that she agrees and the project before the Board is the NEH. Ms. Fogarty asked about the drawings, C302 Utilities,bottom right, there is a note that states "approximate area...... " and "properly dispose of contaminated material" and she wanted to make sure that Cornell was aware of and ... Ms. Michaels said that is standard language regarding any area of potential contamination and the team is not aware of any real concern,but it is the responsible thing to do to test the soils and then note that in the final construction documents to be clear about expectations, to test the soil before it is disturbed by a backhoe. She added that this is glycol like that is used at airports and it breaks down rather quickly and also, there is a refrigerant line buried there so testing will happen. Ms. Meier Swain said it sounds like a precautionary measure. Ms. Fogarty asked why Cornell is not responsible for testing this. Ms. Meier Swain responded that they are, they are contracting it out. Ms. Michaels explained that this is very typical of construction drawings and there is no conclusively identified containment there. You don't require testing all around the site,just where you think there is a chance of contamination, and you make notes such as that on the construction document so the contractor understands the expectations that testing will be needed. This is not a brownfield, and this is a precautionary measure. PB 2022-02-01 (Filed 2/17) Pg. 7 Ms. Fogarty said she thought it should be Cornell's responsibility to test before someone goes in there with a backhoe. Ms. Michaels responded that is exactly what the notation is for, and the responsibility is Cornell's and it is being contracted out along with the project. She added an overview of the typical process and how these notations work. Ms. Balestra responded that the Planning Board doesn't usually see construction level drawings, with this much detail, and that is why it is different and as a Staff member, she was comfortable with the documents and process. Ms. Fogarty asked how it would be handled if found. Ms. Michaels responded that it would be handled according to DEC as required and properly handled, if that is even the case. Mr. Arms asked about the Pleasant Grove junction for stormwater and he asked if he understood correctly that that would be sent across campus to join up with the stormwater system on the other side,because he thought there were capacity issues there. Ms. Michaels asked Mr. O'Shea stated that the plan is to discharge onsite to Cascadilla Creek. Ms. Meier Swain asked if Mr. Moseley had any comments on the code issues discussed earlier. Mr. Moseley stated that the report did not come from him,because the issues are in an existing building, and he is not involved unless there is a permit application or a request for an inspection. Chief Parsons went to an older study that was conducted and wanted the majority of those things done in the existing building,but there is no triggering application that would involve him, until or unless the remediations begin and they do trigger the Town's review. He said he understands why the Chief and certain Board members brought this up, but there is no triggering action to involve him since this project is the new building. Ms. Meier Swain stated that she in not making a judgement on the safety compliance of the existing building in either way,but the project before the board is the new building, and that is what the board should stay focused on. Mr. Wilcox countered by saying that what is before us is a project on tax parcel 63.-1-8.1 and the existing building is on that same tax parcel and that is why he believes what he brought up is relevant. Ms. Michaels responded that there are 15 buildings on that parcel and Ms. Balestra added that Cascadilla Creek is also. PB 2022-02-01 (Filed 2/17) Pg. 8 PUBLIC HEARING Ms. Meier Swain opened the public hearing at 7:57p.m.; there was no one wishing to address the Board and the hearing was closed. DETERMINATION Mr. Wilcox asked members to abstain from voting if they had not visited the site. Ms. Meier Swain asked if members could do that, as this is the first time that has been stated. Ms. Balestra responded that it is not a requirement to visit the site. Ms. Ritter added that there have certainly been other projects where members have not visited a site and voted. Ms. Kaufman asked Mr. Wilcox if he wanted to explain why he is making that request for this proj ect. Mr. Wilcox responded that he believes the absence of counsel is an important issue and he wished counsel could be here and thinks this should be put off until counsel could be present; he thought the safety issues needed to be more thoroughly investigated; he thought that Cornells commitment to making changes and commitments should be better documented and he just didn't feel comfortable approving this and that is combined with a long standing history of safety issues, or potential safety issues at this site, and he is pulling out all the stops to try and get this postponed to be able to deal with those concerns to. Ms. Meier Swain asked Ms. Ritter to restate the counsel being present status. Ms. Ritter stated that there is absolutely no requirement to have counsel at the meeting and although we typically do, many municipalities do not. She went on to say that unless we are hung up on a legal question, which she did not hear a legal question here, and although Mr. Wilcox has issues, those are not legal questions, and it is very clear that these are two separate buildings. The Ithaca Fire Department has concerns about the old Wilson Lab,but that is not what this project is about, and she said she would hope that the Planning Board would consider Final Site Plan approval and not the interior building modifications that were brought up for that other building. Ms. Ritter stated that these are two different issues and she did not know what the difference would be if there was an attorney present. Ms. Fogarty said the buildings are very close together. Mr. Moseley responded that there is no separate building, but the fire separation wall between them is what classifies it as a separate building. PB 2022-02-01 (Filed 2/17) Pg. 9 Ms. Fogarty said she wanted to be clear; she asked of Mr. Wilcox if what he wanted is that the work that is being asked to be done in the other building is done in conjunction with this building project? Mr. Wilcox responded that he would like to see a firm schedule and a firmer commitment to doing them and when. He said he doesn't believe they could be done prior to the completion and occupancy of the new building, so he wants a firm commitment. He added that substitute counsel had hinted at the possibility that there might be some issues, and he didn't know what they were, and he hadn't brought it up because that could be hearsay, and he is very uncomfortable with a group that has been so derelict with regards to safety at this facility, and derelict is a word he chose purposefully. Ms. Balestra spoke, saying that she wanted to remind the Board that their authority in site plan review is related exterior element, footprint, etc. and it does not have the authority to regulate anything related to the inside of the building. Mr. Moseley stated that he has seen a copy of the letter sent to the Fire Department and dates and there are some other dates being settled, and he was involved in some of those conversations; it is a 14 page list with dates with only a few that have a to-be-determined date after further investigation of requirements of the time and his power does not include being able to go into a separate building. Mr. Wilcox responded that the parcel is part of the project review. Ms. Michaels stated that the timing of this...this project stands to lose its funding if it doesn't break ground at a certain time and that would be a massive blow to the staff, community and science, to the program. She said to Mr. Wilcox, that we have worked together for many years and to hear him ask for board members to vote no on this....it is not a site plan issue and she could not reconcile that it is in the jurisdiction of this group. Mr. Arms stated that he is a new member,but as he understood it, the Board is talking about a new building, and he hasn't heard anything about this new building that is a safety issue at all, and he didn't understand why the board was discussing this other building at all. Mr. Wilcox responded that they are giving him a little leeway. Mr. Wilcox asked where the money was coming from.... Ms. Meier Swain responded that that is not an appropriate question and cannot be asked. Ms. Michaels responded that she didn't know. Ms. Meier Swain turned to the draft resolution and noted that an abstention is essentially the same as a nay vote. She asked if there were members who could not vote. Ms. Bageant stated that she would abstain. PB 2022-02-01 (Filed 2/17) Pg. 10 PB RESOLUTION 2022 —003: Final Site Plan Approval Cornell New Experimental Hall(Wilson Laboratory) Tax Parcel No. 63.-1-8.1 Synchrotron Drive Town of Ithaca Planning Board, February 1, 2022 WHEREAS: 1. This action involves consideration of Final Site Plan Approval for the proposed Cornell University New Experimental Hall at Wilson Laboratory, located on Synchrotron Drive, Town of Ithaca Tax Parcel No. 63.-1-8.1, Low Density Residential Zone. The proposal involves the construction of a 2-story, 15,869+/- square foot building on the west side of Wilson Laboratory. The project will also include a new 20' wide paved access path and turnaround, seating areas along Cascadilla Creek, bicycle racks,bioretention facilities, slope drainage improvements, and native plantings. Cornell University, Owner/Applicant; Kimberly Michaels, Trowbridge Wolf Michaels Landscape Architects, Agent; 2. This is a Type I Action for which the Town of Ithaca Planning Board, on October 5, 2021, acting as lead agency in coordinating the environmental review with respect to the project, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, Parts 2 and 3,prepared by Town Planning staff, and other application materials; and 3. The Planning Board, at a public hearing held on February 1, 2022,has reviewed and accepted as adequate a report titled"New Experimental Hall At Wilson Laboratory,Final Site Plan Review Application," dated December 17, 2021, a set of drawings titled "CHESS New Experimental Hall,"prepared by SWBR and T.G. Miller PC, including the following sheets dated December 6, 2021 and most recently revised 01/14/2022: C000, C001, C002, C100-C104, C201, C301-C302, C401, C501-0503; the following sheets Dated December 6, 2021: L-101, L201, A111-A112, A201, A301, and E001, and other application materials; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants Final Site Plan Approval for the proposed Cornell University New Experimental Hall project, located on Synchrotron Drive, as described in the materials listed in Whereas #3 above, subject to the following conditions: a. Before the issuance of a building permit, inclusion of the New Experimental Hall project into the campus-wide Stormwater Operations, Maintenance, and Reporting agreement between Cornell University and the Town of Ithaca, PB 2022-02-01 (Filed 2/17) Pg. 11 b. Before the issuance of a building permit, submission to the Planning Department of proof of receipt of the required Nationwide Permit from the Army Corps of Engineers to fill the 0.03-acre wetland on the project site, and c. All outdoor lighting shall conform to the requirements of the Town of Ithaca Outdoor Lighting Law and, if constructed, the proposed alternative light poles to be replaced on Campus Road above the new NEH building shall not exceed 3500K color temperature. Moved: Ariel Casper Seconded: Cindy Kaufman Vote: Ayes—Casper, Kaufman, Meier Swain, Fogarty, and Arms Nays- Wilcox Abstentions: Bageant Other Business Ms. Ritter introduced the two new members, Bill Arms and Liz Bageant. Mr. Wilcox was nominated as Vice Chair, unanimous. Meeting was adjourned upon a motion by Mr. Wilcox, seconded by Ms. Meier Swain, unanimous. Submitted by Paulette Rosa, Town Clerk PB 2022-02-01 (Filed 2/17) Pg. 12