HomeMy WebLinkAboutPB Minutes 2023-06-06 TOWN OF ITHACA PLANNING BOARD
Shirley A. Raffensperger Board Room, Town Hall
215 North Tioga Street
Ithaca,New York 14850
Tuesday, June 6, 2023 7:00 P.M.
Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom. The public
will have an opportunity to see and hear the meeting live and provide comments in-person or through
Zoom at httos://us06web.zoom.us/i/83643764382.
If the public would like to attend the meeting for viewing purposes only,it is recommended to watch the
livestream video on YouTube (httos://www.youtube.com/channel/UCC9vvcXkJ6klVlibihCv7No /live).
AGENDA
1. SEQR Determination: Bostwick Road Cemetery—Preliminary and Final Subdivision Approval.
2. PUBLIC HEARING: The proposal is the consideration of Preliminary and Final Subdivision
approval for the proposed two-lot subdivision on Bostwick Road, east of the Sheffield Road and
Bostwick Road intersection. The project involves subdividing a.53+/-acre lot that contains a
cemetery from a 115+/- acre farm parcel. The cemetery will be transferred to Town of Ithaca
after subdivision. There is no development proposed.This is an Unlisted Action under the State
Environmental Quality Review Act and is subject to environmental review. James Baker,
Owner; Town of Ithaca,Applicant; Joe Talbut,Town of Ithaca Parks Maintenance Manager,
Agent.
3. Consider a recommendation to the Town Board regarding proposed amendments to Town Code,
Chapter 270,Article XXVI, Section 270-219 Telecommunications facilities.
4. Persons to be heard.
5. Approval of Minutes:
6. Other Business.
7. Adjournment.
C.J. Randall
Director of Planning
607-273-1747
NOTE:IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY
CHRIS BALESTRA AT 607-273-1747 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
at https://www.town.ithaca.ny.us/meeting-calendar-agendas/under the calendar meeting date.
TOWN OF ITHACA
NEW YORK
DEPARTMENT OF PLANNING
215 N.Tioga St 14850
607.273.1747
www.town,ithang .uns
AFFIDAVIT OF SERVICE Y MAIL AND POSTING PUBLICATION,
STATE OF NEW YORK ) SS.:
COUNTY OF TOMPKINS )
1, Abby Homer, Administrative Assistant for the Town 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 30th day of May 2023, deponent served the within Notice upon the property owners within
500 ft. of the properties and projects identified below for:
SEAR Determination: Bostwick Road Cemetery Preliminary and Final Subdivision Approval
PUBLIC HEARING: The proposal is the consideration of Preliminary and Final Subdivision approval for the
proposed two-lot subdivision on Bostwick Road, east of the Sheffield Road and Bostwick Road intersection.
The project involves subdividing a .5341-acre lot that contains a cemetery from a 1154/-acre faun parcel. The
cemetery will be transferred to Town of Ithaca after subdivision. There is no development proposed.This is an
Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review.
James Baker, Owner; Town of Ithaca,Applicant; Joe Talbut,Town of Ithaca Parks Maintenance.Manager,
Agent.
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 attache
notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on May 30`", 2023, and
the notice has been duly published in the official newspaper,Ithaca Journalon May 31, 2021
��� gA
Abby Horoer, Administrative Assistant
Sworn to before me on mal Si ) 2023.
Notary Public
ASHL Y COLBERT
Notary Public,State of New York
No.01 0641 580
ousimed in Tompkins County
Commission Expires July 1 , 0
ithaca Jouilionial
Public Notice
Originally published at ithacajournal.GOrn on 05/31/2023
TOWN OF ITHACA PLANNING BOARD PUBLIC HEARING NOTICE The Planning Board will hold a public hearing on
Tuesday, June 6, 2023, at 7:00 P.M. on the following rnatter The proposal is the consideration of Preliminary and Final
Subdivision approval for the proposed two-lot subdivision on Bostwick Road, east of the Sheffield Road and Bostwick
Road intersection. The project involves subdividing a .53+1-acre lot that contains a cemetery frown a 115+/-acre farm
parcel.The cemetery will be transferred to Town of Ithaca after subdivision,There is no development proposed. This is
an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. James
Baker, Owner; Town of Ithaca,Applicant; Joe'Talbut,Town of Ithaca Parks Maintenance Manager,Agent. Members of
the public are welcome to attend in-person at Town Hall or virtually via Zoom.The public will have an opportunity to see
and hear the meeting live and provide comments in-person or through Zoom at
https://us06web,zoom.tis/j/83643764382, If the public would like to attend the meeting for viewing purposes only, it is
recommended to watch the livestrearn video on YOUTUbe
(IlttPS://WWW,YOUtLibe.corrilctianr)el/UCC9vycXkJ6kOVlibihCy7NQ/live). Any person wishing to address the board will be
heard. In addition, comments can be sent via email to townc11erk@town,ithaca,ny,US UP to the end of business the day of
the meeting and all comments will be forwarded to the board,Additional information is available at
www,town.Ithaca ny.us. C.J. Randall, Director of Planning No. 5719740 June 1, 2023
TOWN OF ITHACA PLANNING BOARD
June 6, 2023
Minutes
Present: Greg Lindquist, Chair: Members Ariel Casper, Bill Arms, Caitlin Cameron, Liz Bageant and
Kelda McGurk Absent: Fred Wilcox and Cindy Kaufman
CJ Randall, Director of Planning; Chris Balestra, Planner; Susan Brock, Attorney for the Town; Dan
Thaete, Town Engineer and Paulette Rosa, Town Clerk
Agenda Item 1 Preliminary and Final Subdivision approval for the proposed two-lot subdivision on
Bostwick Road, east of the Sheffield Road and Bostwick Road intersection. The project involves
subdividing a .53+/- acre lot that contains a cemetery from a 115+/- acre farm parcel. The cemetery
will be transferred to Town of Ithaca after subdivision. There is no development proposed. This is an
Unlisted Action under the State Environmental Quality Review Act and is subject to environmental
review. James Baker, Owner; Town of Ithaca, Applicant; Joe Talbut, Town of Ithaca Parks
Maintenance Manager, Agent.
Mr. Talbut gave an overview, saying that the Town has taken care of this small cemetery for a long
time and when the Bakers got the land, it should have been subdivided off of the larger parcel, but it
was not.
There has been extensive research on the cemetery and a listing of the burials there by the Town
Historian. The proposal is to subdivide the cemetery off and the Town will take over ownership and
maintenance of it.
SEQR Determination
PB RESOLUTION 2023 - 014: SEQR
Preliminary & Final Subdivision Approval
Bostwick Road Cemetery Subdivision
Bostwick Road, Tax Parcel No. 32:1-18.5
WHEREAS:
1. This is the consideration of Preliminary and Final Subdivision approval for the proposed two-lot
subdivision on Bostwick Road, east of the Sheffield Road and Bostwick Road intersection. The project
involves subdividing a .53+/-acre lot that contains a cemetery from a 115+1-acre farm parcel. The
cemetery will be transferred to Town of Ithaca after subdivision. There is no development proposed.
James Baker, Owner; Town of Ithaca,Applicant; Joe Talbut, Town of Ithaca Parks Maintenance
Manager, Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoordinated
environmental review with respect to the project;
PB 2023-06-06 (Filed 7/10) Pg. 1
3. The Planning Board on June 6,2023,has reviewed and accepted as adequate a narrative,a subdivision
plat titled"Final Subdivision Plat, Showing Proposed Division Lines of James Baker,Located on
Bostwick Road, Town of Ithaca, Tompkins County,New York,"prepared by T.G. Miller P.C., dated
10/25/2022, 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 I and for the reasons set forth in the EAF Parts 2 and 3, and,therefore, an Environmental Impact
Statement will not be required.
Moved: Bill Arms Seconded: Caitlin Cameron
Vote: ayes—Casper,Bageant, Cameron, Lindquist, Arms and McGurk
PUBLIC HEARING
Mr. Lindquist opened the public hearing.
Bruce Britain spoke in favor and support of the Town's efforts to maintain this cemetery and he hoped
other municipalities would do the same.
There was no one else wishing to speak and the hearing was closed.
DETERMINATION
There were no other questions or comments from the Board.
PB Resolution 2023 - 015: Preliminary & Final Subdivision Approval
Bostwick Road Cemetery Subdivision
Bostwick Road
Tax Parcel No. 32.1-1.8.5
Whereas:
I. This is consideration of Preliminary and Final Subdivision approval for the proposed two-lot
subdivision on Bostwick Road, east of the Sheffield Road and Bostwick Road intersection. The
project involves subdividing a .53+/- acre lot that contains a cemetery from a 115+/- acre farm.
parcel. The cemetery will be transferred to Town of Ithaca after subdivision. There is no
development proposed. James Baker, Owner; Town of Ithaca, Applicant; Joe Talbut, Town of
Ithaca Parks Maintenance Manager, Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an
uncoordinated environmental review with respect to the project, has on June 6, 2023, made a
negative determination of environmental significance, after having reviewed and accepted as
PB 2023-06-06 (Filed 7/10) Pg. 2
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 June 6, 2023, has reviewed and accepted as adequate a narrative, a
subdivision plat titled"Final Subdivision Plat, Showing Proposed Division Lines of James Baker,
Located on Bostwick Road, Town of Ithaca, Tompkins County, New York,"prepared by T.G.
Miller P.C., dated 10/25/2022, and other application materials; now, therefore be it
Resolved:
1. That the Planning Board hereby waives certain requirements for Preliminary and Final
Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having
determined from the materials presented that such waiver would 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 & Final Subdivision Approval for the
proposed Bostwick Road Cemetery Subdivision, as shown on the plans noted in Whereas #3
above, subject to the following condition:
a. Submission for signing by the Chairperson of the Planning Board of an original and three
dark lined 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 Planning
Department.
Moved: Bill Arms Seconded: Caitlin Cameron
Vote: ayes—Arms, Cameron, Casper, McGurk and Bageant
Agenda Item 2 Consider a recommendation to the Town Board regarding proposed amendments to
Town Code, Chapter 270, Article XXVI, Section 270-219 Telecommunications facilities.
Ms. Bageant asked about which co-locations would need to come to the Planning Board and which
would not.
Ms. Brock went through the types, noting that the Federal Government has ruled that some co-
locations,know as eligible facilities, must be approved so there is not need for Planning Board review
and she went through the other criteria for those that would not be before the Board, supported by the
design standards in the proposed law that was the main reason they had come to the Planning Board in
the past.
Ms. Brock reviewed the shot-clock regulations for the review and approval process that have been
instituted by Federal law and incorporated here. That shot-clock is why this law spells out in great
detail what is needed in the application, because once an application is submitted as complete, the
clock starts.
Ms. Bageant asked about the "Small Wireless Facility" and"Personal Wireless Facility"that is used
throughout and what the difference is.
PB 2023-06-06 (Filed 7/10) Pg. 3
Discussion followed and Ms. Brock stated that they would look at that and try and make it clearer.
Ms. Brock noted that this is a working draft, and there has been and will continue to be clean up of the
draft,but the basic intent will remain.
PB Resolution 2023-016: Recommendation to the Town Board Regarding the Proposed
Amended Town Code §270-21.9—Telecommunications/Personal
Wireless Service Facilities
Town of Ithaca Planning Board
June 6, 2023
Whereas: The Town Codes and Ordinances Committee has drafted amendments to Town Code §270-
219 Telecommunications (Personal Wireless Service Facilities), and
Whereas: The Town Board has referred the proposed revisions to the Planning Board for review and
recommendation, and
Whereas: The Town of Ithaca Planning Board has discussed the proposed amendments at its meeting
on.June 6, 2023; now, therefore be it:
Resolved: That the Town of Ithaca Planning Board hereby recommends that the Town Board of the
Town of Ithaca adopt the proposed amendments to Town Code §270-219 Telecommunications
(Personal Wireless Service Facilities).
Moved: Liz Bageant Seconded: Bill Arms
Vote: ayes—Bageant, Arms, Casper, McGurk, Cameron and Lindquist
Agenda Item 3 Persons to be heard.
Bruce Brittain addressed the Board regarding the realignment of the Cradit Farm/Pleasant Grove
intersection. We have two documents; one is a legally binding contract signed by the top brass of
Cornell and the Town and the County each swearing a solemn oath to carry this out and then on the
other hand we have an email from a County employee who says I don't know if I want to do. It is not
the Town's problem to resolve whether or not Jeff Smith wants to do his job or not. His job is not to
design an intersection, it's not to build it, it's just to offer suggestions and approve it.
He said he wants to see Ms. Brock arguing the Town's position, not trying to support his and to see her
ask Cornell "who are you trying to fool." The plans submitted did not meet the condition set, which
was submission of construction drawings. Or ask the County why they are bothering to take more
traffic counts when the purpose of the intersection realignment, and this is a quote from the October 18
2018 letter from the Town Planning Board to the City Planning Board, "the purpose is to alleviate
current and future cut through traffic that moves through the Forest Home neighborhood." If traffic
hasn't gone up it doesn't matter because we are trying to reduce current traffic loads.
You had a deal with Cornell, they proposed the intersection realignment as a traffic mitigation measure
PB 2023-06-06 (Filed 7/10) Pg. 4
in exchange for getting their dorms. They got their dorms and now it's time for them to follow through
and design a workable intersection realignment and build the darn thing. He did not want to see the
Planning Board pushed around.
Doug Brittain, followed, adding, this was a clear-cut trade, Cornell gets the dorms and the Town gets
the intersection, everybody understood it, everybody agreed and Ms. Brock made the conditions very
clear and the MOU very clear so that no one could back out.
Cornell started with their intersection designs, and they had a traffic circle, then they dropped that and
moved on to something else, and then they slowed down, and they got behind schedule and then they
got their certificates of occupancy and then they stopped. No more ideas, no more proposals, that was
It. They had what they wanted, and they were done. Then all they needed was an excuse not to deliver
the intersection and Jeff Smith comes to the rescue by writing an email stating that he would rather
leave the intersection as is. That is not his job, and he does not have the authority to set policy.
Doug Brittain said Cornell's case is not very strong and the focus should be on enforcing the MOU and
the conditions of the Planning Board and not letting Cornell renege on its commitment.
Approval of Adlinutesi None
Agenda Item 4 Other Business
Mr. Arms asked about the public hearing process, saying after the Ithaca College field renovation
project, he felt the visibility of the process for the public was not reached and people did not get their
input submitted in enough time and he wanted to find ways to improve public outreach.
Secondly, and somewhat associated with that, the order of the agenda items where SEQR is discussed
and voted on prior to any public input seems counterproductive.
Ms. Balestra responded that people within 500 feet of any project are notified via mail and when there
is a topic that we think is controversial we will try and push it out to neighborhood groups etc. and we
have tried to think about different ways to get the word out, and we are open to suggestions,but
notifications do go out in a number of ways.
Ms. Balestra noted that the sequencing of the agenda is set by NYS in some instances, such as
subdivision,because an application is not considered complete until the SEQR is determined.
Ms. Brock added that sometimes comments have been allowed prior to the public hearing of a project
to permit comments prior without naming it a public hearing which has its own set of rules in many
instances. Also, the SEQR is a determination on significant impacts that would require a full
Environmental Impact Statement, not impacts that may be there, but do not reach the level of
significant.
Ms. Balestra added that the only reason the sports field was in front of the Planning Board was the
height of the light poles.
PB 2023-06-06 (Filed 7/10) Pg. 5
Ms. Bageant asked about the status of the Cradit Rd realignment.
Ms. Randall reported that the County is doing additional traffic studies after urging from residents at
the County level.
Ms. Bageant asked if the Planning Board wanted to have this as an agenda item to formally discuss this
issue and she said although she doesn't understand all the details, she felt there should be some sort of
formal resolution to this issue.
Ms. Brock responded that the former Director of Planning made an official determination that the
conditions were met.
Ms. Randall stated that in stepping back and looking at this project, the City Planning Committee was
Lead Agency and made a negative declaration of environmental significance and the mitigation for the
traffic issue was,, and this is a direct quote, "together with the Town and Tompkins County, explore the
possibility of Cornell realigning the intersection of Cradit Farm Drive and Pleasant Grove Road
(County owned) to direct traffic more readily to the Cornell campus. Cornell would fund and manage
the project once approved by Cornelf
Ms. Brock added that the Planning Bo*ard's resolution is separate from that, and she suggested Ms.
Bageant look through those and come back with any questions.
Mr. Lindquist reported that he has resigned from the Board, effective end of July, due to moving out of
the State. He added that he has enjoyed being on the Board immensely, but personal reasons are
forcing the move to be near family.
Members stated that be has been a great asset to the Town and he will be missed.
Review of next agenda items.
Meeting was adjourned upon motion by Mr. Lindquist, seconded by Mr. Casper, unanimous.
Sub t d by
aulette Rosa
Town Clerk
PB 2023-06-06 (Filed 7/10) pg. 6