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HomeMy WebLinkAboutPB Minutes 2016-08-16TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tuesday. August 16. 2016 AGENDA 7:00 P.M. SEQR Determination: 117 Coy Glen Road LLC 2-Lot Subdivision, 117 Coy Glen Road. 7:00 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 117 Coy Glen Road, Town of Ithaca Tax Parcel No. 30.-2- 15, High Density Residential Zone. The proposal involves subdividing the 0.515 +/- acre parcel into a 0.260 +/- acre vacant parcel (Parcel A) and a 0.255 +!- acre parcel containing the existing residence at 117 Coy Glen Road. 117 Coy Glen Road LLC, Owner; Lindsay Lustick Gamer, Agent. 7:20 P.M. SEQR Determination: Cornell University McGowan Farm Deer Fence, 791 Dryden Road. 7:20 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed new deer exclusion fence at Cornell University's McGowan Farm located at 791 Dryden Road (NYS Route 366), Town of Ithaca Tax Parcel No. 64.-1 -2.2, Planned Development Zone No. 9. The proposal involves the construction of an eight foot tall open wire fence around approximately 22 acres of the farm. The total length of the fence is approximately 4,500 linear feet with three entrance gates. Cornell University, Owner/Applicant; David Cutter, Campus Planning Office, Agent. 7:40 P.M. Continuation of determination of adequacy for public review of the Draft Environmental Impact Statement for the proposed Maplewood Apartments Redevelopment project located between Maple Avenue and Mitchell Street, Town of Ithaca Tax Parcel No.'s 63.-2-10.2, 63.-2-1, 63.-2- 2, 63.-2-14, and 63.-2-3, High Density Residential Zone. The proposal involves demolishing the existing Maplewood Apartments housing complex and redeveloping the +/- 17 acre site with up to 500 residential units (studios and 1-4 bedroom units) in a mix of townhomes, stacked flats, and multi-family apartment buildings. The project will also include some small retail, new interior streets, parking areas, pedestrian facilities, open spaces, storm water facilities, and a community center. Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott Whitham, Whitham Planning & Design, LLC, Agent. 6. Persons to be heard 7. Approval of Minutes: August 2, 2016 8. Other Business 9. Adjournment Susan Ritter Director of Planning 273-1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY SANDY POLCE AT 273-1747 or SPOl.CEC" rOWN.lTHAt'A.NY.l S. (A quorum ol 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 (hUn://www.t<)wn.illiaca.nv.tis/niceliiii'-atiendas). TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tues(kv. August 16.2016 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 16, 2016, 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 Subdivision Approval for the proposed 2-lot subdivision located at 117 Coy Glen Road, Town of Ithaca Tax Parcel No. 30.-2-15, High Density Residential Zone. The proposal involves subdividing the 0.515 +/- acre parcel into a 0.260 +/- acre vacant parcel (Parcel A) and a 0.255 +/- acre parcel containing the existing residence at 117 Coy Glen Road. 117 Coy Glen Road LLC, Owner; Lindsay Lustick Gamer, Agent. 7:20 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed new deer exclusion fence at Comell University's McGowan Farm located at 791 Dryden Road (NYS Route 366), Town of Ithaca Tax Parcel No. 64.-1-2.2, Planned Development Zone No. 9. The proposal involves the constmction of an eight foot tall open wire fence around approximately 22 acres of the farm. The total length of the fence is approximately 4,500 linear feet with three entrance gates. Comell University, Owner/Applicant; David Cutter, Campus Planning Office, Agent. 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: Monday, August 8,2016 Publish: Wednesday, August 10,2016 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. August 16. 2016 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: August 08, 2016 Date of Publication: August 10, 2016 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 10'^ day of August 2016. No^y Public I- "deb'drapkelleyNotaryPotrSic, state of New York No. 0lKES02o073 Qualified in Schuyler County Commission Expires May 17, 20 —t— THE ITHACA JOURNAL j^EDNESDAY, AUGUST 10, 2016 TOWN OF ITHACA PLANNING BOARD- NOTICE OF PUBLIC HEARINGS Tuesday, August 16,2016 By direction of the Qiairperr son of the Planning Board, NOTICE IS HEREBY GIVEN, that Public Hearings will be held by (he Rannlr^ Board the Town of Ithacs on Tuear day, August 16, 2016, at 215; North Tioga Street, Ithaca. N,Y,, at the foltowfrig time# and on the following matters:, 7:00 P,M, Consideration of Rsliminaty and Rnal Sub division Approval for the proi posed 2-lot subdrwsion locat| ed at 117 Coy Glen RoadJ Town of Ithaca Tax Parcef No, 30,-2-15, High Densit^' Residential Zone. The prcA posal involves subdividing ths O.SIS t/- acre parcel Into a' 0.260 *!• acre vacant paree (Parcel A) and a 0.255 *! acre parcel containing the ex isting residence at 117 Co> Glen Road. 117 Coy Glet Road LLC, Owner: Llnds^ Lustick Gamer, Agent. 7:20 P.M. ConsideraUon of Preliminary artd Rnal Site Plan Approval and Specia Approval for the proposed new deer exclusion fence at[ Cornell UniversFty's McGowsn Farm located et 791 Diyden Road (NYS Route 366), Town of Ithaca Tax Parc^ No. 64,-1-2.2, Ranned Development Zone No, 9. The proposal involves the constnjction of an eight foot tall open wire fence around approximately 22 acres of Ihe farm. The total length of the fence is approxi mately 4,500 linear feet with diree entrance gstes. Comdl University, Owner/Applicant; Davfd Cutter, Campus Plan ning Office. Agent. Said Planning Board will at &aid time and said place hear »1I persons In support of such Snatters or objections there to. Persons may appear by regent or in person. Individu als with visual impairments, wearing Impairments or other Special needs, will be provid- ^ with assistance as naces- ^ry, upon request. Persons idesiring assistance must ^ke such a request not less ^n 48 hours prior to the ^me of the public hearing, Busan Ritter ^Ireclor of Ranning 173-1747 Ipated: woriday, August 8.2016 4^0/2016 TOWN OF ITHACA PLANNING BOARD MEETING S" ' j' Tuesday, August 16, 2016 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox (Chair), Linda Collins, Joseph Haefeli, John Beach, Yvonne Fogarty, Jon Bosak, Catherine Herleman Town Staff Present: Susan Ritter, Director of Planning; Chris Balestra, Planner; Mike Smith, Planner; Bruce Bates, Director of Code Enforcement; Mike Smith, Planner; Chris Balestra, Planner; Susan Brock, Attorney for the Town; Debra DeAugistine, Deputy Town Clerk Call to Order Mr. Wilcox called the meeting to order at 7:02 p.m. AGENDA ITEM SEQR Determination: 117 Coy Glen Road LLC 2-Lot Subdivision, 117 Coy Glen Road Lindsay Lustick Garner stated that the property originally had two lots, which her parents consolidat ed. Now they want to sell the house and subdivide the lot back out. PB Resolution No. 2016-043: SEQR, Preliminary and Final Subdivision Approval, 117 Coy Glen Road LLC 2-Lot Subdivision, 117 Coy Glen Road, Tax Parcel No. 30.-2-15 Moved by Linda Collins; seconded by John Beach WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 117 Coy Glen Road, Town of Ithaca Tax Parcel No. 30.-2-15, High Density Residential Zone. The proposal involves subdividing the 0.515 +/- acre parcel into a 0.260 +/- acre vacant parcel (Parcel A) and a 0.255 +/- acre parcel containing the existing residence at 117 Coy Glen Road (Parcel B). 117 Coy Glen Road LLC, Owner; Lindsay Lustick Garner, Agent; and 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 Subdivision Approval; and 3. The Planning Board on August 16, 2016, has reviewed and accepted as adequate a survey map entitled "Survey Map No. 117 Coy Glen Road Town of Ithaca, Tompkins County, New York", prepared by T.G. Miller P.C., dated 7/06/2016, 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. Planning Board Minutes 08-16-2016 Page 2 of 10 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, Collins, 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 117 Coy Glen Road, Town of Ithaca Tax Parcel No. 30.-2-15, High Density Residential Zone. The proposal involves subdividing the 0.515 +/' acre parcel into a 0.260 +/- acre vacant parcel (Parcel A) and a 0.255 +/- acre parcel containing the existing residence at 117 Coy Glen Road (Parcel B). 117 Coy Glen Road LLC, Owner; Lindsay Lustick Garner, Agent Mr. Wilcox called the public hearing to order at 7:05 p.m. Ms. Meier Swain asked how the two parcels came together in the first place. Mr. Smith responded that anyone who owns two parcels can consolidate them through Tompkins County Assessment. Ms. Herleman asked what the intent is for the Parcel A. Ms. Garner said she is considering building a house on the empty lot; if not, they'll sell it. Mr. Wilcox closed the public hearing at 7:08 p.m. PB Resolution No. 2016-044: Preliminary and Final Subdivision Approval, 117 Coy Glen Road 2- Lot Subdivision, 117 Coy Glen Road, Tax Parcel No. 30.-2-15 Moved by Jon Bosak; seconded by Yvonne Fogarty WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 117 Coy Glen Road, Town of Ithaca Tax Parcel No. 30.-2-15, High Density Residential Zone. The proposal involves subdividing the 0.515 +/- acre parcel into a 0.260 +/- acre vacant parcel (Parcel A) and a 0.255 +/- acre parcel containing the existing residence at 117 Coy Glen Road (Parcel B). 117 Coy Glen Road LLC, Owner; Lindsay Lustick Garner, Agent; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency with respect to Subdivision Approval, has on August 16, 2016, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmen tal Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff; and Planning Board Minutes 08-16-2016 Page 3 of 10 3. TTie Planning Board on August 16, 2016, has reviewed and accepted as adequate a survey map entitled "Survey Map No. 117 Coy Glen Road Town of Ithaca, Tompkins County, New York", prepared by T.G. Miller P.C., dated 7/06/2016, and other application materials; NOW THEREFORE BE IT RESOLVED: 1. 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 at 117 Coy Glen Road, Town of Ithaca Tax Parcel No. 30.-2-15, as shown on the survey map entitled "Survey Map No. 117 Coy Glen Road Town of Ithaca, Tomp kins County, New York", 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 final subdivision plat, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Depart ment Vote Ayes: Wilcox, Collins, Haefeli, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed new deer exclusion fence at Cornell University's McGowan Farm located at 791 Dryden Road (NYS Route 366), Town of Ithaca Tax Parcel No. 64.-1-2.2, Planned Development Zone No. 9. The proposal involves the construction of an eight foot tall open wire fence around approximately 22 acres of the farm. The total length of the fence is approximately 4,500 linear feet with three entrance gates. Cornell University, Owner/Applicant; David Cutter, Campus Planning Office, Agent Mr. Wilcox opened the public hearing at 7:20 p.m. David Cutter, Cornell campus landscape architect, and Glen Evans, director of operations, Cornell Agricultural Experiment Station, were present. Mr. Cutter said their proposal is to install a perma nent deer exclusion fence that will follow the property line along Game Farm Road with a greater setback on Dryden Road. The project has been refined and further detailed, but is essentially the same as was presented at sketch plan. The placement of the fence is a result of a little give and take to balance both the road setback and the visual impact with some of their farm operations, equipment access, and research needs. The proposed fence is still 8-feet high and still has 5-inch round posts spaced 15 feet on center. They've specified a larger 6-by-6 inch open wire mesh to make it more transparent, reducing the visual impact. Each of the three entrances will consist of two 10-foot gates with a total opening of 20 feet to accommodate the large equipment they need for farm operations and for fire and emergency access into the interior of the farm complex. Deer can have a significant Planning Board Minutes 08-16-2016 Page 4 of 10 impact on the sensitive research at the farm. He doesn't think the fence is out of character with a farm operation and the wire fabric is pretty transparent, Mr. Bosak agreed that they couldn't do what they're trying to do at the farm without a deer fence. He thanked them for changing the mesh size to allow wildlife to get in and out and also for the detailed explanation of why this is essential; this way it will be put on the record. He addressed the letter from the county, noting that if this setback does interfere with their work, that needs to be considered. He asked what the distance is from the center line of the road to the edge of the right-of-way. Mr. Wilcox said he had asked the same question via email earlier in the day. The county's letter is from Jeff Smith, director of the county highway department, saying that the question of rights-of-way is not an easy one to answer. Ms. Brock asked whether the county owns the road in fee or whether it's a right-of-way by use. Ms. Balestra said she didn't know. Mr. Wilcox said that if the road is narrow, say 25 or 30 feet, with very little shoulder, then it might be a good idea for the fence to be moved back. But if the county owns a 60-foot right-of-way, that's plenty of room to put in a 22-foot-wide asphalt road and ditches, etc, and there would be no need for the applicant to move the fence. Ms. Brock said when you approve a subdivision and they dedicate the road to the town, the town actually owns the parcel; they hold title to it. The town requires 60 feet. Because Mr. Smith is saying it's not easy to answer, it makes her think that the county doesn't have a deed to it; if they did, they'd have a metes and bounds description. So it must be a right-of-way by use. Highway law says that these roads should be opened to three rods, or 49.5 feet. The county used to assert that that was their right- of-way, but the court cases have all said that's not right, because nobody paid the owner for all this property they now say they control. You have to look at the road segment by segment and figure out exactly what has been used as highway; that includes the paved or gravel or dirt surface and also the shoulders and anything that supports the highway, which would be guard rails and signs and that type of thing. It can vary parcel by parcel as you go down the road. So the question of where their right-of- way is on Game Farm Road needs to be determined piece by piece. Ms. Balestra said that's what Mr. Smith said: that there has to be a site evaluation. Mr. Wilcox asked Mr. Cutter whether they had considered moving the fence back from one foot to ten feet. Mr. Cutter responded that that was part of their discussions. He said that when they were doing their research, they didn't find any deeds for the county owning that road, so Ms. Brock's assumption is probably right. Cornell used a 50-foot right-of-way for the road, which is marked on the plan, to determine where to put the fence. Mr. Evans said they discussed the idea of moving the fence back another nine feet with the research ers who use those fields along Came Farm Road. The concern they raised is that historically they've used the field areas that come fairly close to Came Farm - for well over a decade in many cases. They Planning Board Minutes 08-16-2016 Page 5 of 10 were resistant to shifting their troughs; once they've established them, they like to visit that same land area again and again. The way it lays out now, the fields come up fairly close and then there's a grassy swale. The fence would be on the Cornell side of that ditch. Mr. Wilcox said the fence will be one foot beyond a 50-foot assumed width centered on the center of Game Farm Road. Mr. Bosak suggested forgetting about the legal discussion and working backward from what's needed: given where you want it, how much distance is between the fence and the edge of the road, and is that distance enough for any kind of county operation we can think of? If it's not, we can't approve it; if it is, we can. Mr. Wilcox said to assume a 22-foot roadway, or 11-foot lanes. Mr. Bosak said that would mean a 15-foot space between the edge of the roadway and the fence. Can we think of a county operation that would require more than that? Mr. Wilcox said he thought the county would have plenty of room. Ms. Collins pointed out that it's not a permanent structure; it's a deer fence. The board couldn't foresee a reasonable need for more space than that. Mr. Wilcox said there's no guarantee that the county won't come along at some future time and want Cornell to tear down the fence, claiming they need to do something. Mr. Bates asked whether property maintenance - mowing of the weeds and grass - would be an issue. Mr. Bosak said he presumes their concern is the right-of-way; if there's another foot of weeds, that's Cornell's problem. Mr. Haefeli asked whether this would have an impact on deer having enough space to get off the road. Mr. Bosak said they've got 15 feet between the edge of the road and the fence. Mr. Wilcox closed the public hearing at 7:37 p.m. PB Resolution No. 2016-045: Preliminary and Final Site Plan & Special Approval, Cornell University McGowan Farm Deer Fence , 791 Dryden Road/NYS Route 366, Tax Parcel No. 64.-1-2.2 Moved by Liebe Meier Swain; seconded by Fred Wilcox WHEREAS: Planning Board Minutes 08-16-2016 Page 6 of 10 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed new deer exclusion fence at Cornell University's McGowan Farm located at 791 Dryden Road (NYS Route 366), Town of Ithaca Tax Parcel No. 64.-T2.2, Planned Development Zone No. 9. The proposal involves the construction of an eight foot tall open wire fence around approximately 22 acres of the farm. The total length of the fence is approximately 4,500 linear feet with three entrance gates. Cornell University, Owner/Applicant; David Cutter, Campus Planning Office, Agent; and 2. This is a Type 11 Action, as stated in 6 NYCRR Section 617.5(c)(3) 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 "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming," and thus approval of the project is not subject to review under SEQR; and 3. The Planning Board, at a public hearing held on August 16, 2016, has reviewed and accepted as adequate a narrative, along with Attachments lA, IB and 2, and a site plan titled "McGowan Farm Deer Fence, Town of Ithaca, Tompkins County, NY," prepared by David Cutter, Landscape Architect for the Cornell University Campus Planning Office, dated July, 2016; NOW THEREFORE BE IT RESOLVED; 1. That the Planning Board hereby finds that the considerations for approval of the requested Special Approval listed in Article XXIV, Section 270-200, Subsections A - L of the Town of Itha ca Code have been met, specifically that: a. the health, safety, morals and general welfare of the community, in harmony with the general purpose of Town Code Chapters 270 and 271, Zoning, will be promoted. Such use will also fill a neighborhood or community need because the research farm fields have sustained brows ing damage from deer and other wildlife. Installing a fence will protect the field-based re search on the site. The site contains crops of importance to New York State, and research ob tained is shared with regional farmers, along with the dairy, seed and brewery industries; b. the premises are reasonably adapted to the proposed use. The research farm use already exists and has existed for many years. The proposed new deer fence will not require changes to the use or the premises, other than digging holes for the posts associated with the fence; c. the proposed use and the location and design of the proposed structures are consistent with the character of the district in which they are located. The project area is surrounded by Cor nell agricultural research fields, some of which contain similar deer enclosure structures. The majority of the area is located in Cornell's "Precinct 7", which is a Planned Development Zone that was created and approved for the express purpose of agricultural research, so the proposed use and location and design of the deer fence is consistent with the character of the district; d. the proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue the neighborhood property or seriously inconvenience the neighboring inhabitants, for the reasons stated above; Planning Board Minutes 08-16-2016 Page 7 of 10 e. operations in connection with the proposed use will not be more objectionable to nearby properties by reasons of noise, fumes, vibrations, illumination or other potential nuisance than the operation of any permitted use in the particular zone, for the reasons stated above; f. community infrastructure and services, including but not limited to, protective services, road ways, garbage collection, schools and water and sewer facilities, are currently, or will be, of ad equate capacity to accommodate the proposed use; g. the proposed use, fence design and site layout comply with all provisions of Chapters 270 and 271, Zoning, and, to the extent considered by the Planning Board, with other regulations and ordinances of the Town, with the Building Code and all other state and federal laws, rules and regulations, and with the Town Comprehensive Plan; h. the proposed access and egress for all structures and uses are safely designed and the site lay out provides adequate access for emergency vehicles. The proposed deer fence is designed to have three entrances, with 20-foot clearance through the proposed gates, which is adequate for emergency vehicles; i. the general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewer systems, is not detrimental to the health, safety and general welfare of the community, for the reasons stated above; j. the lot area, access, parking, and loading facilities are sufficient for the proposed use and ac cess, parking, and loading facilities are adequately buffered to minimize their visual impact; k. natural surface water drainage will be adequately managed in accordance with good engineer ing practices and in accordance with any applicable Town local law or ordinance, and existing drainage ways will not be altered in a manner that adversely affects other properties; a 1. the proposed use and structures comply with all the criteria applicable to site plan review set forth in Town Code Chapters 270 and 271, Zoning; and 2. That 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 determined from the materials presented that such waiver will result in a significant alteration of neither the purpose of site plan control nor the policies enunciated or implied by the Town Board; and 3. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed construction of the new deer exclusion fence at Cornell University's McGowan Farm located at 791 Dryden Road (NYS Route 366), Town of Ithaca Tax Parcel No. 64--T2.2, referenced on plans listed in Whereas #3 above. Vote Ayes: Wilcox, Collins, Haefeli, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM Continuation of determination of adequacy for public review of the Draft Environmental Impact Statement for the proposed Maplewood Apartments Redevelopment project located between Maple Avenue and Mitchell Street, Town of Ithaca Tax Parcel No.'s 63.-2-10.2, 63.-2-1, 63.-2-2, 63.-2-14, and 63.-2-3, High Density Residential Zone. The proposal involves demolishing the existing Maplewood Planning Board Minutes 08-16-2016 Page 8 of 10 Apartments housing complex and redeveloping the +/-17 acre site with up to 500 residential units (studios and 1-4 bedroom units) in a mix of townhomes, stacked flats, and multi-family apartment buildings. The project will also include some small retail, new interior streets, parking areas, pedestrian facilities, open spaces, storm water facilities, and a community center. Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott Whitham, Whitham Planning &. Design, LLC, Agent Ms. Herleman left the meeting. Mr. Wilcox said two weeks ago, we had a conundrum to deal with. We received the draft EIS and have 45 days to determine whether it's adequate to be released to the public for comment. Since it's a public document, it was reasonable to make it available to the public. He told members of the public not to make any comments, because the comments would not be provided to the applicant and responded to in the document for the obvious reason that the document could change. However, we are getting comments. We encourage comments and are glad to receive them, but these are comments that cannot be connected to the EIS. He suggested that people wait to submit their comments until after the board has determined adequacy. Mr. Bosak said had he been at the meeting, he would have argued against making it public. Ms. Ritter said she contacted Bob Freeman, from the Committee on Open Government, who told her it needed to be made public. It is being reviewed at a public meeting and talked about it in a public session. Mr. Wilcox said he was three-quarters of the way through the document. He didn't have any reason to doubt the document is adequate from what he'd seen so far. AGENDA ITEM Persons to be heard - No one came forward to address the board. AGENDA ITEM PB Resolution No. 2016-046: Minutes of August 2, 2016 Moved by Fred Wilcox; seconded by Yvonne Fogarty RESOLVED, the Planning Board approves the minutes of August 2, 2016, as amended Vote Ayes: Wilcox, Collins, Fogarty, Meier Swain Abstentions: Haefeli, Beach, Bosak AGENDA ITEM Other Business Planning Board Minutes 08-16-2016 Page 9 of 10 Ms. Collins pointed out that in the August 3rd edition of the Ithaca Times, Bill Goodman was quoted as saying that "Cornell is looking for an outside developer. When it happens, there will be community meetings. It may be on the near horizon." This troubled her because we just went through the discussion about segmentation. She said she asked Mr. Goodman on what basis he made the comment. He told her that as far as he knows, Cornell had, as of last year, been looking for and actively interviewing developers for the East Hill Village project. He said they were hoping to bring it to the Cornell board by the end of 2015, but it didn't happen. He said he understood that they were trying to get a developer identified for the East Hill Village project by June. That didn't happen either, and he didn't know why. Ms. Ritter said she's been at various meetings regarding the East Hill Village project, and at one time, they wanted to move that project ahead and Maplewood wasn't even on the radar. Then as they refined their goals, they decided on the Maplewood timing. At the same time, there'd been an interest in developing the old Courtside building. The Cornell president is not there anymore and some of the goals she had are different than those of the former president; also, they have a new real estate director. Things are in flux. They have an interest in that site, but they can't do anything until the area is rezoned. There needs to be a plan for the area to do the rezoning. So while they might want to do a little work on one area, they really can't do anything until there's a master plan so we can do rezoning and have form-based code installed. Ms. Collins commented that it's a chicken-and-egg situation. Ms. Ritter said there was a time when they were interviewing consultants, and she was getting phone calls. The last time she talked to somebody, they said Cornell isn't making any decisions. There was activity last year and this year, but they seem to be delaying, and Maplewood is now their focus. Mr. Bosak said the point has been raised several times that rezoning is necessary before they can move ahead. The question about whether or not it's speculative has nothing to do with whether they can do it; it has to do with what they intend to do. Ms. Ritter said that at one time, they were looking to develop small pieces of East Hill. That wasn't speculative; they wanted to go ahead, but they couldn't go ahead until there's zoning that allows them to do something with commercial on the bottom and residential on the top. Mr. Bosak said his point is that Ms. Ritter keeps raising the fact that it needs to be rezoned as determinative of their intent. We want to know what their plan is; if it includes getting the area rezoned, then that's their plan. Ms. Ritter said it's the town's plan to rezone that area and have mixed-use development that's much denser and has a mix of residential, office, and retail, and that seems to go along with what Cornell is interested in. It's an area near Cornell that has excellent bus service and retail. Over the years, she's gotten annoyed because they monopolize all the land, and that's a great area for residential. The Town of Ithaca wants to see that area rezoned and to see development there. Ms. Meier Swain said she attended an event that day where the vice president for student campus life spoke. His message was student-focused and ensured that students will have all they need to be Planning Board Minutes 08-16-2016 Page 10 of 10 successful in terms of health and wellness. She would put housing in that category, and would be inclined to say that Maplewood is separate from anything else they might do. Ms. Collins said her struggle is that the plan we have before us is going to be very difficult for the developer to mitigate in terms of the impact on community character. What they've shown us indicates that they're not moving in that direction at all. They want to build a big project, and that's what they're going to do. We've asked them to do certain things, and they've made little tweaks. Down the road half a mile is another project they're going to do that includes residential, according to their master plan. They don't include the hundreds of units for students, faculty, and staff in their cumulative impacts. One of the issues is that it's a boundary project; it abuts a smaller scale, existing older neighborhood, and it seems to her that they could consider making it somewhat smaller, considering what they plan to add down the road. They currently house 10 percent of their graduate students, and this gigantic project will only bring that up to 12%. Could some of that be postponed by making this project smaller? Ms. Ritter said the community's hope is that it's not just student housing that would be added to the East Hill area, but also workforce housing. Mr. Haefeli said he's come away from a number of these meetings with the idea that future plans for that area are pretty amorphous, and now he's hearing that it's much closer. Ms. Brock agreed, saying she was told that there were no plans. We need to ask them. Ms. Collins added that Mr. Goodman said that Cornell's focus now, especially since the Greenways project fell through, is workforce housing in the East Hill area rather than student housing. Ms. Ritter said that's been talked about for years, the fact that area is ideal for workforce housing rather than student housing and that the students should be put back on campus. We need so much housing for people who are driving all this way. We need to get them where the buses are and where there's a grocery store. People call her all the time wondering where in the Town of Ithaca they might build an apartment complex. You don't want to put a multiple-residence apartment out in the middle of nowhere; you want to put it near buses and retail. East Hill Plaza is a prime location for housing and has been talked about in other settings, so Cornell is being pushed by other people in the community to get going putting housing on all this land. But they can only do so much with an interim president; someone else will be setting the goals. AGENDA ITEM Adjournment Upon a motion by Yvonne Fogarty, the meeting adjourned at 8:19 p.m. Respectfully submitted, ?ra DeAugistin^Deputy Town Qerk