HomeMy WebLinkAboutMN-P&DB-1995-02-08 CJfL� Cle/K
Approved 3/28/95
Planning and Development Board
MINUTES
Special Meeting
February 8, 1995
Present: David Kay, Chair;Susan Blumenthal; Carolyn Peterson;Denise Rusoff;John
Schroeder;Sarah Adams. Staff: H.Matthys Van Cort;Charles Guttman;attorneys for
applicant;other interested parties.
It was stated that there were three items to take care of,the main item being the discussion about
SEQR and site plan review; secondly,the hiring of an attorney; and thirdly,the pressing issue of
the RKG presentation next Wednesday.
1. Hiring of an Attorney.
At the January meeting there was discussion about getting some additional legal
assistance. Scott Chatfield,Esq.,from Tully,was very highly recommended. He has a lot
of experience in land use law and agreed to come to today's meeting.
The Board stated that they were interested specifically in the work Scott Chatfield had
done related to SEQR and environmental law, so Mr. Chatfield spoke about his
experience. He stated that he has been doing municipal law since 1977 with various
Towns in which he has to deal with SEQR all the time. He has dealt with environmental
issues such as wetlands and works very closely with DEC.
2. Combined or separate public hearing on SEQR and site plan review
The City Code specifies that site plan review is to follow environmental review. State
Code says that it may be concurrent under the new SEQR regulations, so the Board is
looking for some guidance.
Mr. Chatfield gave his advice on the matter stating that clearly under the regulations, the
Board may not grant or approve modifications until the applicant has gone through the
environmental review process. SEQR regulations state that SEQR review precedes site
plan review; however, where a public hearing is to be scheduled on a DEIS,the
regulations state that,to the extent possible, SEQR public hearing should be combined
with any other required public hearing. The hearings should either be held simultaneously
or immediately in succession. Chatfield recommended that the hearings be held
concurrently since under State law the SEQR and site plan review processes are so close
intertwined. The process of going through the DEIS involves not only the analysis of the
environmental issues but also a look at the alternatives to those issues, the mitigation that
may be proposed. These issues are a significant part of the site plan decision-making
process as well.
Minutes of February 8, 1995 Meeting 2
After Mr. Chatfield answered questions from the Board and staff,Guttman recommended
that the two hearings (SEQR and site plan review) be opened simultaneously on February
27, 1995, that the SEQR hearing be closed on February 28, 1995, and that the site plan
review hearing be left open.
D. Rusoff moved approval of the following resolution. The motion was seconded by S.
Adams and passed unanimously.
WHEREAS, this Board has previously received an application for Site Development Plan
Review approval submitted on behalf of East Coast Development Company for a
proposed Wal-Mart department store on Elmira Road in the City of Ithaca, and
WHEREAS,this Board is acting as Lead Agency for SEQRA review purposes, and
WHEREAS, on December 20, 1994 this Board adopted resolutions accepting the DEIS as
complete for filing and public review and established a public hearing to commence on
February 27, 1995 at 7:00 p.m. and to continue thereafter as needed, and
WHEREAS,City Planning staff pursuant to such resolutions has prepared,filed and
distributed a Notice of Completion of DEIS and Notice of Public Hearing for the Wal-
Mart project; now, therefore, be it
RESOLVED,that the public hearing commencing at 7:00 p.m. on February 27, 1995 and
terminating on February 28, 1995 at 12:00 midnight for the purpose of receiving public
comment on the project DEIS shall serve as,and shall constitute a public hearing on the
Site Development Plan Review application for the project pursuant to General City Law
§27-1-7, and be it further
RESOLVED,that the Planning staff shall,in cooperation with the City Attorney,prepare
an appropriate legal notice of such combined public hearing and shall make provisions for
posting and publication of such notice,and be it further
RESOLVED,that the Planning staff shall also prepare and submit to the Tompkins
County Planning Board on or before February 9, 1995 an appropriate referral of this
matter pursuant to General Municipal Law§239-m,and be it further
RESOLVED,that Planning staff are authorized and directed to take all steps necessary
and appropriate to carry out the intent of these resolutions.
3. Conduct of RKG Meeting
Gary Mongeon,of RKG Associates,will be giving a presentation next week of his firm's
economic impact analysis report for the proposed Wal-Mart. This is a public information
session.
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Minutes of February 8, 1995 Meeting 3
The Board went into Executive Session, and it was agreed to request$10,000 for legal fees for
Scott Chatfield.
The public hearing dates were discussed and it was agreed to cut Wednesday and Thursday and to
only advertise Monday (7:00 p.m. - 11:00 p.m.)and Tuesday (12:00 p.m. -5:00 p.m. and 7:00
p.m.- 1:00 a.m.). There was discussion on who was going to chair the public hearings. David
Kay agreed to chair the Monday night meeting and Susan Blumenthal agreed to chair the Tuesday
night meeting.
It was also suggested to set up a series of site plan review meetings so everyone could participate.
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