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HomeMy WebLinkAboutPB Minutes 2016-12-20TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, December 20, 2016 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox (Chair), Linda Collins, John Beach, Yvonne Fogarty, Liebe Meier Swain, Jon Bosak Town Staff Present: Susan Ritter, Director of Planning; Chris Balestra, Planner; Dan Tasman, Planner; Bruce Bates; Director of Code Enforcement; Dan Thaete, Town Engineer; Susan Brock, Attorney for the Town; Debra DeAugistine, Deputy Town Clerk Call to Order Mr. Wilcox called the meeting to order at 7:05 p.m. and accepted the posting and publication of the public hearing notices. AGENDA ITEM SEQR Determination: Brown 2-Lot Subdivision, 333 West King Road. William Brown said he owns 339 W. King Road and that No. 333 runs adjacent to and behind his parcel. He would like to purchase the 4.3-acre portion of that lot that is behind his property. He will then combine that new parcel with his property, so that it runs straight back to the Buttermilk Falls boundary line. He does not plan to build on this new parcel. PB Resolution No. 2016-071: SEQR, Preliminary and Final Subdivision Approval, Brown 2-Lot Subdivision, 333 & 339 West King Road, Tax Parcel No.’s 37.-1-27.2 & 37.-1-27.4 Moved by John Beach; seconded by Jon Bosak WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 333 & 339 West King Road, Town of Ithaca Tax Parcel No.'s 37.-1-27.2 and 37.-1-27.4, Low Density Residential Zone. The proposal involves subdividing 4.38 +/- acres from 333 West King Road, which will be consolidated with 339 West King Road. William H. Brown & Evelyn C. Brown, Owners/Applicants; James Lane, 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 December 20, 2016, has reviewed and accepted as adequate a survey map entitled “Survey Map No. 333 West King Road Town of Ithaca, Tompkins County, New York”, prepared by Sheive Land Surveying, dated 8/18/2016, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; Planning Board Minutes 12-20-2016 Page 2 of 16 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, Collins, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 333 & 339 West King Road, Town of Ithaca Tax Parcel No.'s 37.-1-27.2 and 37.-1-27.4, Low Density Residential Zone. The proposal involves subdividing 4.38 +/- acres from 333 West King Road, which will be consolidated with 339 West King Road. William H. Brown & Evelyn C. Brown, Owners/Applicants; James Lane, Agent Mr. Wilcox opened the public hearing at 7:08 p.m. Clair Forest, owner/operator of Forest Family Farm on 330 W. King Road, said her farm is directly across the road from the Brown’s property. She’s concerned about the small grandfathered-in lot and about potential increased traffic if this turns into a bunch of little lots. She was concerned because it is called a subdivision. Mr. Wilcox said the small lot she was concerned about is not part of this proposal. What’s in front of the board is a subdivision of 4.33 acres from one parcel to be consolidated with a neighboring parcel. The end result is that there will be no new parcels created and no new building lots created. It’s a two- lot boundary adjustment. One lot gets bigger and the other lot gets smaller. Mr. Wilcox closed the public hearing at 7:15 p.m. PB Resolution No. 2016-072: Preliminary and Final Subdivision Approval, Brown 2-Lot Subdivision, 333 & 339 West King Road, Tax Parcel No.’s 37.-1-27.2 & 37.-1-27.4 Moved by Yvonne Fogarty; seconded by Fred Wilcox WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 333 & 339 West King Road, Town of Ithaca Tax Parcel No.'s 37.-1-27.2 and 37.-1-27.4, Low Density Residential Zone. The proposal involves subdividing 4.38 +/- acres from 333 West King Road, which will be consolidated with 339 West King Road. William H. Brown & Evelyn C. Brown, Owners/Applicants; James Lane, Agent; and Planning Board Minutes 12-20-2016 Page 3 of 16 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 December 20, 2016, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environ- mental 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 December 20, 2016, has reviewed and accepted as adequate a survey map entitled “Survey Map No. 333 West King Road Town of Ithaca, Tompkins County, New York”, prepared by Sheive Land Surveying, dated 8/18/2016, 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 333 & 339 West King Road, Town of Ithaca Tax Parcel No.’s 37.- 1-27.2 and 37.-1-27.4, as shown on the survey map entitled “Survey Map No. 333 West King Road Town of Ithaca, Tompkins County, New York”, subject to the following conditions: 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, and b. Within six months of final approval, consolidation of Parcel B (4.38 +/- acres) with Tax Parcel No. 37.-1-27.4 (339 West King Road), and submission of a copy of the consolidation request to the Town of Ithaca Planning Department. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM Consideration of adoption of the Findings 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 Planning Board Minutes 12-20-2016 Page 4 of 16 Mr. Whitham said the city planning board was very complimentary of the town’s findings statement and that they approved it as their own. They also approved the site plan. The board went through the redlined version of the findings statement that was in their packets. Mr. Bosak asked what the difference is between Cornell donating the land for the water tower to the town and what is agreed to in the findings. Ms. Brock said Cornell was worried that ownership of the land would be transferred to the town; they’re working on other language. Ms. Fogarty asked about monitoring noise, thinking she had seen it in writing. Ms. Balestra responded that neither the DEIS nor the FEIS talked about monitoring noise. There’s language in the construction and demolition section about what noise levels will be permitted and when construction could happen. Ms. Brock did a word search for “monitor” in the DEIS and FEIS, and found that the word does not appear associated with noise impacts. Ms. Meier Swain noted that on page 12, it says that construction-related noise at or above 85 decibels will be limited to the hours of 8 a.m. to 6 p.m., and asked how that will be monitored. Ms. Balestra responded that our noise ordinance used to reference a decibel count, but the noise ordinance is different now and we don’t have a decibel meter. Ms. Balestra had additional changes to the findings that were not in the redlined version. Discussions engendered by those proposed changes are shown below. Ms. Balestra said that she and Ms. Brock had discussed areas in the findings statement that mention a stormwater pollution prevention plan (SWPPP). There are two types of SWPPP: demolition SWPPP and redevelopment SWPPP. They went through the document and clarified which of the SWPPPs each section pertains to: demolition, redevelopment, or both. Regarding the land on which the water tank will be located, Ms. Brock said Cornell Real Estate is proposing the same arrangement as for the Bolton Point tank on Hungerford Hill. She thinks the land is close enough to campus that they don’t think they can get the board of trustees’ approval to actually transfer title of the land to the town. If they decide at some point in the future that they want to use the land for their own purposes, there will be a provision in the easement that they will have to relocate the tank, at their own expense, on another parcel of Cornell land that will work for the town. Mr. Wilcox said that Cornell simply doesn’t sell their land. He’s assured by the fact that it says “acceptable to the town board.” Ms. Brock added that it would be very expensive for them to have to relocate the tank, so it’s doubtful that they would go into this agreement knowing they might have to. Planning Board Minutes 12-20-2016 Page 5 of 16 Mr. Beach asked how long it might take to construct the water tank. We’re tying the certificate of occupancy to completion of the tank and all the related infrastructure. Mr. Thaete said constructing the tank is one thing; it then needs to be connected to our system. Each of those projects is roughly $1million in scope. To construct both, it could realistically take a year to a year and a half to complete the engineering design, survey, land acquisition, winter shutdown. It’s correct that the certificate of occupancy is tied to completion of the tank. We’re working with them now to figure out timing and how it will all work. Mr. Bosak said we’re at the stage where we have to weigh the impacts against the benefits. One benefit he doesn’t buy is that this project instantiates the comprehensive plan, because anything this board allowed to be built there would instantiate the comprehensive plan. It’s like saying a benefit of the project is that it conforms to the building code. The environmental impacts will be major, which we knew, but he is persuaded to approve adoption of the findings statement because of the following benefits. 1) The first is related to his own life experience. He heard the students testify as to the social meaning of living in that development. He moved here 30 years ago because his wife got a graduate fellowship at Cornell. They could not find graduate housing and ended up in the outskirts. The fact that they were not part of that community had a huge negative impact on their lives. 2) The development provides a modicum of rental relief for students compared to market-rate housing. 3) It clusters the students close to the university and essential services. 4). It will increase the proportion of town residents living within walking distance of public transportation. 5) It lowers the energy use of a significant portion of the residents of the town. Those benefits add up to enough to outweigh the impact, given that the applicant and the board have done their best to mitigate everything possible. PB Resolution No. 2016-073: SEQR – Adoption of Findings Statement, Maplewood Redevelopment Project, Tax Parcel No’s: 63.-2-1, 63.-2-2, 63.-2-3, 63.-2-10.2, and 63.-2-14, Between Maple Avenue & Mitchell Street Moved by Fred Wilcox; seconded by John Beach WHEREAS: 1. This project is the proposed Cornell University Maplewood Apartments Redevelopment project, located between Maple Avenue and Mitchell Street, Town of Ithaca Tax Parcel No.’s 63.-2-1, 63.- 2-2, 63.-2-3, 63.-2-10.2, and 63.-2-14, High Density Residential Zone. The proposal involves de- molishing the existing Maplewood 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, stormwater facilities, and a community center. Cornell University, Owner/ Applicant; EdR Trust, Applicant; Scott Whitham, Whitham Planning & Design, LLC, Agent; and 2. The proposed project, which requires site plan approval and special permit by the Planning Board and a rezoning to a Planned Development Zone (PDZ) by the Town of Ithaca Town Board, is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review; and Planning Board Minutes 12-20-2016 Page 6 of 16 3. The Town of Ithaca Planning Board established itself as lead agency to coordinate the environ- mental review for the proposed Maplewood Redevelopment project and issued a positive deter- mination of environmental significance at its meeting on May 24, 2016, in accordance with Arti- cle 8 of the Environmental Conservation Law (also known as the New York State Environmental Quality Review Act) for the above-referenced action as proposed, and confirmed that a Draft Environmental Impact Statement (DEIS) would be prepared; and 4. The Town of Ithaca Planning Board held a Public Scoping Meeting on June 21, 2016 to hear comments from the public and interested and involved agencies regarding the scope and content of the DEIS, and on July 19, 2016, accepted the revised Final Scoping Document as being ade- quate to define the scope and content of the DEIS for the Maplewood Redevelopment Project, after amending the document at its meetings on July 5, 2016, July 12, 2016 and July 19, 2016; and 5. The applicants prepared the DEIS, dated August 2, 2016, and submitted said DEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 6. The Town of Ithaca Planning Board reviewed said DEIS on September 6, 2016 and adopted a resolution that found the DEIS was not satisfactory with respect to its scope, content, and ade- quacy for the purpose of commencing public review because of the deficiencies and corrections listed in Resolution No. 2016-047; and 7. The Town of Ithaca Planning Board accepted the DEIS on September 20, 2016 as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9, find- ing that the DEIS still contained deficiencies listed in Resolution No. 2016-053; and 8. The Town of Ithaca Planning Board held a public hearing on Tuesday, October 18, 2016 to obtain comments from the public on potential environmental impacts of the proposed Maple- wood Redevelopment Project as evaluated in the DEIS, and accepted written comments from the public regarding the DEIS until October 31, 2016; and 9. The applicants prepared and submitted a Final Environmental Impact Statement (FEIS), dated November 8, 2016, to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 10. The Town of Ithaca Planning Board reviewed and revised the FEIS at its meetings on November 15, 2016 and November 22, 2016; accepted the FEIS on November 22, 2016; filed a Notice of Completion of FEIS on November 30, 2016, and distributed the FEIS to involved and interested agencies and the public, as required by 6 NYCRR Parts 617.9 and 617.12; and 11. The Town of Ithaca Planning Board, on December 6, 2016 and December 20, 2016, has reviewed and discussed the Findings Statement for the Maplewood Redevelopment project; NOW THEREFORE BE IT RESOLVED: Planning Board Minutes 12-20-2016 Page 7 of 16 The Town of Ithaca Planning Board, as lead agency, on December 20, 2016, does hereby adopt the Findings Statement for the Environmental Impact Statement for the Maplewood Redevelopment project. Vote Ayes: Wilcox, Beach, Fogarty, Meier Swain, Bosak Nays: Collins AGENDA ITEM Public Hearing: Consideration of Preliminary Site Plan Approval 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, and Special Permit for offsite contractor parking, Town of Ithaca Tax Parcel No. 62.-1-5, Community Commercial Zone. The proposal involves demolishing the existing Maplewood Apart- ments 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. The proposed contractor parking use is not specifically permitted in the CC Zone and therefore the Planning Board must find that the proposed use is substantially similar to a use permitted as of right in the CC Zone and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonab ly relevant (Town Code Section 270-135 (R)). Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott Whitham, Whitham Planning & Design, LLC, Agent Mr. Wilcox opened the public hearing at 7:53 p.m. Ms. Brock said that in the zone where the proposed contractor parking is, which is at the former Courtside facility lot, a use permitted by special permit is “public parking garage or lot such as a park- n-ride parking lot.” When staff was originally looking at it, they thought the word “public” modified both parking garage and lot. After the public hearing notice was drafted, we discovered that “public parking lot” is a defined term in our code, so we think “public” was meant to go with parking garage. Elsewhere in our code, “parking lot” doesn’t specify public or private. So Mr. Bates made the interpretation that an allowed use in the zone is a lot, such as a parking lot, which could be public or private. That means it’s allowed by special permit. The way it was set up before was that the planning board would have had to make a determination that it’s a lawful use, not specifically listed, that they find is substantially similar to a use that’s allowed as of right. We’re proposing that you don’t make that determination and that you find that it’s allowed as a lot. But because it got advertised under a different section, that approval is not before you tonight. It can be re-advertised pointing to the correct part of the code so that the public fully understands what the lay of the land is in terms of what the code requires and what the board will be voting on. Mr. Wilcox said that if we complete the public hearing tonight, we will consider site plan approval minus the contractor parking lot. Nate Rogers, president of the Graduate and Professional Student Assembly, emphasized how well the graduate and professional student community has worked with Cornell on this project. They’re very Planning Board Minutes 12-20-2016 Page 8 of 16 excited and very anxious about making sure it moves through on time so it gets done by its scheduled opening date. Mr. Wilcox said he wishes that the applicant team had reacted more quickly to both our and the public’s comments and, although they did eventually, this probably slowed down the project. The public contributed mightily to the project as it developed and changed. He’s angry about the parking lot. It’s personal because he thinks Cornell took advantage of the fact when they staged construction materials there when they built the heating plant. They knew how we felt as a planning board and yet they still put construction materials on the property. Ms. Brock pointed out, as Mr. Wilcox did repeatedly for the prior project, that “that piece is not in front of us tonight.” Mr. Wilcox said he was not going to say no to the project because of that. Mr. Bosak said that since it’s central to our job to make sure the site plan conforms to the zoning, and the zoning in this case is determined by a PDZ, but the PDZ isn’t finalized, he’s uncomfortable making the determination because the law doesn’t exist. Ms. Brock said we always do it this way. You get a preliminary approved site plan, and the town board can compare it to the language of the law and make sure any adjustments you’ve made are reflected in the law. You condition final site plan approval on the town board having approved the rezoning. The sequencing makes sense logically: if for some reason you wanted to adjust the site plan in a way that would require a change to the law, the town board will know that before they vote on the law; otherwise, they rezone and then have to go back and amend the zoning. Mr. Bosak said he brought it up because despite the fact that he’s uncomfortable, he’d like to register what he registered last time, which is that we’re going to have to decide to ignore one of the recom- mendations in the PDZ. It’s about the “should” regarding features of the development having to line up with outside features such as streets. What he pointed out was that the central feature of this project doesn’t line up with the street it meets. He wants to make it clear to the board that in order to approve the plan as submitted, we’re going to explicitly have to register that the “should” is not being conformed with and that we as a board have decided that’s okay; otherwise, we would be in material conflict with the PDZ. We have to override that provision in order to approve this plan. Ms. Brock said she heard his point. Mr. Thaete said public works staff have been very focused on getting through the environmental review and are now focused on the nuts and bolts of getting it up and running. The water tank and water main to connect the tank to our grid is becoming a bigger issue because of the timeframe the applicant has put before us. We’re laying out the process the town has to go through to put together plans, bid the project, get the project built, and get the tank functional and connected to the grid by July 2018, and he looks forward to working with the applicant and Cornell to come up with a solution to expedite the tank piece of the project to meet the applicant’s timeframe. Mr. Resetco thanked everyone for their time and effort. Responding to Mr. Bosak’s comments regarding what he likes about the project, Mr. Resetco said that EdR was planning on a redevelop- Planning Board Minutes 12-20-2016 Page 9 of 16 ment of Maplewood to create a walkable, affordable, sustainable community. And those are the points that Mr. Bosak brought up as being benefits of the project. EdR will stand behind the project for at least 75 years. Mr. Beach asked whether it would not behoove all the parties involved to work as smoothly as possible to expedite construction and completion of the tank project so the development can be occupied in the fall of 2018. He sensed that Mr. Thaete had some concern that it might not be as smooth as it should be. Mr. Thaete responded that staff would be meeting the next day to discuss specifics with Cornell and the applicant. We laid out our timeframe from previous projects where we dealt with public funds and the way things need to be bid. Knowing the constraints of doing water work in the winter time, we feel that we’re a month or two behind. We don’t want to put out false expectations and talk about a timeframe that public works staff cannot meet. Alex Loiben, chair of the Student Advocacy Committee of the Graduate and Professional Student Assembly, thanked everyone for their effort in making this a project that will serve to benefit their community. He struggled to find housing his first year because he was coming from Milwaukee. It’s not easy to come out to Ithaca to look for a place to live, and it’s even harder for international students who can’t visit to find housing before they arrive their first year. Mr. Wilcox closed the public hearing at 8:20 p.m. PB Resolution No. 2016-074: Preliminary Site Plan Approval, Maplewood Redevelopment Project, Tax Parcel No’s: 63.-2-1, 63.-2-2, 63.-2-3, 63.-2-10.2, and 63.-2-14, Between Maple Avenue & Mitchell Street Moved by Fred Wilcox; seconded by Liebe Meier Swain WHEREAS: 1. This project involves consideration of Preliminary Site Plan Approval for the proposed Cornell University Maplewood Apartments Redevelopment project, located between Maple Avenue and Mitchell Street, Town of Ithaca Tax Parcel No.’s 63.-2-1, 63.-2-2, 63.-2-3, 63.-2-10.2, and 63.-2-14, High Density Residential Zone. The proposal involves demolishing the existing Maplewood hous- ing 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, stormwater facilities, and a community center. Cornell University, Owner/ Appli- cant; EdR Trust, Applicant; Scott Whitham, Whitham Planning & Design, LLC, Agent; and 2. The proposed project, which requires site plan and special permit approvals by the Planning Board and a rezoning to a Planned Development Zone (PDZ) by the Town of Ithaca Town Board, is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review; and Planning Board Minutes 12-20-2016 Page 10 of 16 3. The Town of Ithaca Planning Board established itself as lead agency to coordinate the environ- mental review for the proposed Maplewood Redevelopment project and issued a positive deter- mination of environmental significance at its meeting on May 24, 2016, in accordance with Arti- cle 8 of the Environmental Conservation Law (also known as the New York State Environmental Quality Review Act) for the above-referenced action as proposed, and confirmed that a Draft Environmental Impact Statement (DEIS) would be prepared; and 4. The Town of Ithaca Planning Board held a Public Scoping Meeting on June 21, 2016 to hear comments from the public and interested and involved agencies regarding the scope and content of the DEIS, and on July 19, 2016, accepted the revised Final Scoping Document as being ade- quate to define the scope and content of the DEIS for the Maplewood Redevelopment Project, after amending the document at its meetings on July 5, 2016, July 12, 2016 and July 19, 2016; and 5. The applicants prepared the DEIS, dated August 2, 2016, and submitted said DEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 6. The Town of Ithaca Planning Board reviewed said DEIS on September 6, 2016 and adopted a resolution that found the DEIS was not satisfactory with respect to its scope, content, and ade- quacy for the purpose of commencing public review because of the deficiencies and corrections listed in Resolution No. 2016-047; and 7. The Town of Ithaca Planning Board accepted the DEIS on September 20, 2016 as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9, find- ing that the DEIS still contained deficiencies listed in Resolution No. 2016-053; and 8. The Town of Ithaca Planning Board held a public hearing on Tuesday, October 18, 2016 to obtain comments from the public on potential environmental impacts of the proposed Maple- wood Redevelopment Project as evaluated in the DEIS, and accepted written comments from the public regarding the DEIS until October 31, 2016; and 9. The applicants prepared and submitted a Final Environmental Impact Statement (FEIS), dated November 8, 2016, to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 10. The Town of Ithaca Planning Board reviewed and revised the FEIS at its meetings on November 15, 2016 and November 22, 2016; accepted the FEIS on November 22, 2016; filed a Notice of Completion of FEIS on November 30, 2016, and distributed the FEIS to involved and interested agencies and the public, as required by 6 NYCRR Parts 617.9 and 617.12; and 11. The Town of Ithaca Planning Board, on December 6, 2016 and December 20, 2016, reviewed and discussed the Findings Statement for the Maplewood Redevelopment project; and 12. The Town of Ithaca Planning Board, at its meeting on December 20, 2016, adopted the Findings Statement for the Maplewood Redevelopment project; and Planning Board Minutes 12-20-2016 Page 11 of 16 13. The Planning Board, at its meeting on December 20, 2016, has reviewed a preliminary site plan packet, prepared by the applicant team, titled “Maplewood Redevelopment Project, Reenvisioning Graduate and Professional Student Housing For Cornell University, Town of Ithaca Planning Board, Preliminary Site Plan Review, Submission: November 18, 2016,” consisting of pages 1 through 102 and containing sheet numbers C101-C117, C201-202, C301, A201-219 (pages 31- 49, floor plans pertaining to the apartment buildings), A501-510 (pages 50-59, elevation drawings pertaining to the apartment buildings), A201-216 (pages 60-83, floor plans and elevation drawings pertaining to the townhouse units), A501—502 (pages 84-85, additional elevation drawings per- taining to the townhouse units), L000, L101-L103, L301-303, L501, and other application mate- rials; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the construction of the Cornell University Maplewood Apartments Redevelopment project, as described in Whereas #13 above, provided that the following conditions are satisfied: 1. Prior to a demolition permit: a. Review and approval of the Demolition SWPPP by the Town Engineer, b. Obtaining coverage under the SPDES General Permit (GP-0-15-002) for demolition, c. Revised truck routing plan that eliminates directing trucks through the City of Ithaca via NYS Route 366 and approval by the Town Board of the Town of Ithaca Road Use Agree- ment and full execution of the Agreement by the Town and EdR Trust, d. Submission, per the memo from Daniel Thaete, PE-Town Engineer, dated 12/5/2016, of: (1) Written approval from the City of Ithaca Fire Chief that specifies that there are ad- equate locations for the proposed temporary fire hydrant coverage and temporary emergency access throughout the site during the demolition phase of the project, and (2) Details and locations for the temporary emergency access road from the north end of the site to the southeastern hydrant. 2. Prior to final site plan approval: a. Revision of the drawing on page 16, titled to show the correct title “Contractor Parking Lot Layout Plan,” b. Revision of the “Construction Sequencing Diagrams 1-3” on pages 18-20, to show the townhouse buildings along the Mitchell Street frontage, c. Revision of Sheets A213-A216 on pages 80-83, to show the correct labels for the associated buildings (e.g. there are no buildings “M”, “N”, “O”, or “P” on the building key), d. Revision of the landscaping plan (Sheets L301-303) to show trees in all of the traffic is- lands, along with a hedge or wall between 3-4 feet in height along the western parking lot boundaries of Buildings G & E that will block vehicle lights from the parking lots from shining into Belle Sherman Cottage residences located adjacent to the project site. Also, revision of page 95, “Planting, Site Material, Stair and Railing Schedules,” to replace Vinca Minor/Periwinkle and Picea abies/Norway Spruce with similar, non-invasive plant species, Planning Board Minutes 12-20-2016 Page 12 of 16 e. Per the PDZ requirements, revision of the schematic drawings and Sheet L103 to show a stubout thoroughfare to provide future access to the adjacent Ithaca East Apartment devel- opment, f. Revision of the Utility plans and details such that all plans, details, and construction for the water and sanitary sewer main installation and appurtenances shall be in accordance with Town of Ithaca and Bolton Point rules and regulations, g. Per the PDZ requirements, submission of a new drawing that shows the project layout with site envelopes (“virtual lot lines”) that will define building setback lines for building sites, h. Identification of the limits of water and sewer main dedications; all dedicated water main piping shall be Poly-wrapped DIP Class 52 minimum, and all dedicated sewer main shall be PVC SDR35 minimum, i. Submission and written documentation from the City of Ithaca Fire Chief, confirming that the plans for fire suppression, permanent hydrant locations, and permanent emergency ac- cess locations are adequate, j. Review and approval of the Development SWPPP by the Town Engineer, k. Submission of cut sheets, a photometric plan and details for any proposed lighting for the project, in conformance with the Town of Ithaca Outdoor Lighting Law, l. Submission of locations, designs, and details of any proposed signage associated with the project, m. Submission of proof of receipt of the necessary curb cut permit(s) from Tompkins County Highway Department and the Town of Ithaca for the accesses onto Mitchell Street and Maple Avenue, n. Granting of the necessary site plan approval by the City of Ithaca for those elements of the project located in the City, o. Submission of any site plan sheets that were revised through the demolition SWPPP pro- cess from those submitted on November 18, 2016, and p. Submission of a revised page 95 titled Planting, Site Material, Stair, and Railing Schedules that includes the complete list of proposed tree plantings. 3. Prior to issuance of building permits: a. Approval by the Town Board of the concept and locations of the water and sanitary sewer mains and related infrastructure to be conveyed to the Town, b. Obtaining coverage from the SPDES General Permit (GP-0-15-002) for the development, c. Obtaining plumbing permits from Bolton Point before the installation of any building foundations, d. Approval by the Town of Ithaca Town Board of the rezoning of the project site from High Density Residential to Planned Development Zone, Planning Board Minutes 12-20-2016 Page 13 of 16 e. Submission to the Town Planning Department of one original, large-size set of the ap- proved final site plan drawings, signed and sealed by the registered land surveyor(s), engi- neer(s), architect(s) or landscape architect(s) who prepared the site plan materials, and two sets of paper copies, f. As noted in the EIS and required in the Findings Statement, submission of a financial con- tribution of $30,000 toward (1) the installation of speed humps on the 700 block of Mitchell Street and other areas determined by the town and (2) signage on Mitchell Street to alert motorists of the need for reduced speed entering the Maplewood project area, g. Submission of a copy of the City of Ithaca street permit application for any improvements to the portion of Maple Avenue that is located in the City of Ithaca. Such application may require removal and maintenance of vegetation to ensure proper site distance along Maple Avenue, h. Submission, approval by the Town Board, full execution and filing of a stormwater “Opera- tion, Maintenance, and Reporting Agreement” (including any stormwater easements) among Cornell University, EdR Trust, and the Town of Ithaca, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, i. Approval by the Director of Code Enforcement of any new road names and new 911 ad- dressing for all buildings and units in the development, and j. Consolidation of Town of Ithaca Tax Parcel No.’s 63.-2-1, 63.-2-2, 63.-2-3, 63.-2-10.2, and 63.-2-14 and submission to the Town Planning Department of a copy of the Tompkins County Assessment Department’s “Request for Consolidation” form. 4. Prior to issuance of certificates of occupancy: a. Submission, approval by the Town Board, full execution and filing of sanitary sewer and water main easements, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, b. Completion of all stormwater facilities and required utilities, to the satisfaction of the Town of Ithaca Public Works Department, Bolton Point and the Tompkins County Health Department, c. The grant to the Town of a permanent easement(s), or other long term property interest acceptable to the Town Board, on the Cornell-owned land that will be the location of the new water tank, water main, and supporting infrastructure that will serve the project and surrounding area, and completion of the water tank, water main, and associated tasks to make the tank and main operational, d. Acceptance by the Town Board of the water and sanitary sewer mains and related infra- structure to be conveyed to the Town, e. As noted in the EIS and required in the Findings Statement: (1) Installation of curbing and associated drainage, asphalt milling and repaving, land- scaping and street trees on Mitchell Street and Maple Avenue along the project frontage, Planning Board Minutes 12-20-2016 Page 14 of 16 (2) Installation of street trees and other landscaping in front of Cornell’s High Voltage Lab on Mitchell Street, and (3) Installation of raised crosswalks at the intersections of the East Ithaca Recreation Way at Mitchell Street and Maple Avenue, f. Submission of record of application for and proof of receipt of all necessary permits from county, state, and/or federal agencies. 5. General conditions of approval: a. As noted in the EIS and required in the Findings Statement, noise-related construction ac- tivities shall be limited to 8am to 6pm Monday through Friday. Work shall not be routine- ly scheduled for Saturdays, but will be permitted if required by extenuating circumstances, such as severe weather, subject to approval by the Director of Code Enforcement. Con- struction shall be prohibited all day on Sundays and federal holidays, except emergency re- pairs (such as to stormwater facilities) will be allowed on any day, b. Contractor parking on Pine Tree Road, Town of Ithaca Tax Parcel No.62.-1-5 shall not be utilized until all necessary approvals are granted by the Planning Board. If approved, such parking shall be temporary only, ceasing upon completion of the Maplewood project, and with site restoration required to the condition the lot was in immediately prior to the con- tractor parking use, c. All Transportation Demand Management initiatives noted on pages 3-42 and 3-43 of the DEIS shall be implemented, and d. As noted in the EIS and required in the Findings Statement, the project: (1) Shall be built to meet Energy Star certification and shall include all of the Energy Conservation Measures listed in Table 5.2 of the DEIS, and (2) Shall utilize 100% energy from renewable sources (renewable source being defined as a source that is not depleted when used e.g. solar, wind, hydro power). The ap- plicant shall submit a letter of proof from the renewable energy provider for the project to the Town Planning Department every July for 10 years and henceforth upon request by the town. Vote Ayes: Wilcox, Beach, Fogarty, Meier Swain, Bosak Abstentions: Collins AGENDA ITEM PB Resolution No. 2016-075: Town of Ithaca Planning Board, Schedule of Meetings – 2017 Moved by John Beach; seconded by Linda Collins RESOLVED, that the Town of Ithaca Planning Board hereby adopts the following as its schedule of regular meetings for the year 2017. Unless otherwise noted, all meetings will be held on the first and third Tuesday of each month, commencing at 7:00 p.m. and ending by 10:00 p.m. Planning Board Minutes 12-20-2016 Page 15 of 16 FIRST MEETING OF THE MONTH SECOND MEETING OF THE MONTH January 3, 2017 January 17, 2017 February 7, 2017 February 21, 2017 March 7, 2017 March 21, 2017 April 4, 2017 April 18, 2017 May 2, 2017 May 16, 2017 June 6, 2017 June 20, 2017 July 4, 2017 (Holiday) July 18, 2017 August 1, 2017 August 15, 2017 September 5, 2017 September 19, 2017 October 3, 2017 October 17, 2017 November 7, 2017 November 21, 2017 December 5, 2017 December 19, 2017 Vote Ayes: Wilcox, Collins, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM Consideration of a recommendation to the Town Board regarding the Chairperson of the Planning Board for 2017 PB Resolution No. 2016-076: 2017 Planning Board Chair, Recommendation to Town Board Moved by Linda Collins; seconded by Yvonne Fogarty Resolved, the Town of Ithaca Planning Board recommends to the Town Board that Fred Wilcox be appointed as Chair of the Planning Board for the year 2017. Vote Ayes: Collins, Beach, Fogarty, Meier Swain, Bosak Abstentions: Wilcox AGENDA ITEM Persons to be heard – No one came forward to address the board. Mr. Wilcox read a statement for the record Bruce Brittain emailed to him: “I would like to thank Town staff and the members of the Planning Board for their (successful) efforts to save the historic Greek Revival house formerly located at 341 Coddington Road. Had it not been for your timely efforts, the house would surely have been demolished. Planning Board Minutes 12-20-2016 Page 16 of 16 But, as we congratulate ourselves and each other, I would like to add a cautionary note: That was a close call; we were lucky this time. I am also not at all comfortable with the precedent that has been set: A developer threatens to tear down a historic house, then relents and agrees to give it - free! - to a member of the preser vation community. The developer is thus transformed from being a Villain to being a Hero, and it is now up to the preservation community to find a new location for the house. If they (we) are unable to do so before some arbitrary deadline, then the house gets demolished and it is entirely the preservationists' fault. I realize that the Planning Board may not be the legislative body to address this concern, but I did want to at least bring up the topic. Thank you again. Remain vigilant. And best wishes for the holidays and for the new year." AGENDA ITEM PB Resolution No. 2016-077: Minutes of November 22, 2016 Moved by Fred Wilcox; seconded by John Beach RESOLVED, the Planning Board approves the minutes of November 22, 2016, as submitted. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Meier Swain, Bosak PB Resolution No. 2016-078: Minutes of December 6, 2016 Moved by Fred Wilcox; seconded by Yvonne Fogarty RESOLVED, the Planning Board approves the minutes of December 6, 2016, as amended. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Meier Swain, Bosak Adjournment Upon a motion by Liebe Meier Swain, the meeting adjourned at 9:12 p.m. Respectfully submitted, Debra DeAugisHne^Deputy To^nS^lerk