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HomeMy WebLinkAboutMN-PLED-1994-09-27 Approved 3/28/95 Planning and Development Board MINUTES September 27, 1994 Present: David Kay, Chair; Susan Blumenthal, Carolyn Peterson,Denise Rusoff, John Schroeder. Staff: H.Matthys Van Cort,Herman Sieverding,Linda Tsang. Also,Mayor Ben Nichols, applicants, other interested parties, and media. 1. Privilege of the Floor Susan Cummings of 214 Fayette Street spoke regarding the problems caused on her street by the Reconstruction Home. When the addition to the Reconstruction Home was given site plan approval,residents expressed concern about the noise caused by the kitchen fans. As a part of the site plan approval,the Reconstruction Home agreed to relocate these fans and the exhaust ducts so that they vented onto the roof, reducing noise at the street level. This was done as a part of the reconstruction. As a part of the addition,new heating,ventilating and air conditioning equipment was located on the ground floor on the Fayette Street side of the building. This equipment is causing more noise than the fans that were relocated. In addition,there are truck deliveries and other noisy activities which are of considerable concern to the residents surrounding the facility. The Board then discussed possible steps that could be taken to reduce this nuisance. Several Board members felt that this was a violation of the spirit,if not the letter,of the site plan approval, since a great deal of time had been spent discussing noise from the facility. Tsang was directed to search the files to see whether any direct reference was made to the noise from the building. It was decided that the Mayor and the City Attorney would write letters to the Reconstruction Home and then a meeting would be set up to discuss this problem with them. David Kay asked to be included in that meeting. It was noted that the facility does not yet have a permanent certificate of occupancy. Ginger Cohen, of 108 Ferris Place,addressed the Board regarding the Friends of the Library, located at 509 Esty Street. Ms. Cohen said that the Friends of the Library were concerned that the Route 96 Construction Project would interfere with their annual October book sale,which is held for ten days -- beginning on the Saturday before Columbus Day. She asked that there be no construction on Esty Street during the book sale. Fay Gougakis spoke in support of Susan Cummings remarks about the Reconstruction Home. She also spoke in opposition to the Wal-Mart advertising campaign, saying that the community has a right to say "no" to Wal-Mart. Minutes of September 27, 1994 -2- 2. Preliminary Site Plan Review/Environmental Review/Public Hearing A. 723 Cascadilla Street/Countywide Appliance Service Jagat Sharma appeared for Countywide. He said that they have redesigned the project to provide for an entrance from Esty Street, and have eliminated the northern entrances. Van Cort said that staff still had strong reservations about the site plan and that they are particularly concerned that the proposed plan will make it extremely difficult to develop the remaining northern half of the site. After further discussion, Schroeder moved,and Blumenthal seconded,the following resolutions for a negative declaration and preliminary approval: WHEREAS, a proposal has been submitted for Site Plan Approval of a redevelopment plan for the approximately 0.92 acre parcel at 723 Cascadilla Street, and WHEREAS, the proposed redevelopment is a new one-story 60'x 104' building(for the replacement of an existing building to be demolished,due to NYSDOT's construction project on Fulton Street) with associated parking and loading area, and WHEREAS, the proposed development is an Unlisted action both under SEQR and the City Environmental Review ordinance,and WHEREAS, the environmental review of the proposal has been conducted through the completion of LEAF parts 1 and 2, and according to procedures described in the CEQR, and WHEREAS, this Board,being the Lead Agency for environmental review of all Site Development Plan Review applications,has reviewed all the application materials and supporting documents,including comments from the Conservation Advisory Council on the environmental review of the subject proposal, and WHEREAS, the review process has identified no major or significant impact on the environment, now, therefore be it RESOLVED, that the Board of Planning and Development determines that the proposed development will have no significant adverse impact on the environment. Carried unanimously. C:\Kelly\'IhysPlanBra9-27min.doc Minutes of September 27, 1994 -3- WHEREAS, a proposal has been submitted for Site Plan Approval of a redevelopment plan for the approximately 0.92 acre parcel at 723 Cascadilla Street, and WHEREAS, the proposed redevelopment is a new one-story 60'x104' building(for the replacement of an existing building to be demolished,due to NYSDOT's construction project on Fulton Street) with associated parking and loading area, and WHEREAS, the site development plan was reviewed by the Planning Department,the Building Department,the Engineering Division of the Department of Public Works, and WHEREAS, modifications have been made in the site plan to address some of the issues raised in the preliminary review,and WHEREAS, an environmental review of the potential impacts of the proposed project has been conducted, and the Board has determined that the proposed development will have no significant adverse impact on the environment,and WHEREAS, the public hearing for the purpose of considering approval of the proposed site development plan has been concluded,now, therefore be it RESOLVED, that the Preliminary Site Plan,as shown in site plan drawings dated September 22, 1994,be approved with the following conditions: 1. that granite street curbing,tree lawn,and concrete sidewalk be installed to match DOT's street work on Esty Street; 2. that screen planting, or street trees,if possible,be provided along Esty Street; 3. that the layout plan be adjusted to provide typical 8'-6"wide parking spaces; and 4. that plant size and type be further specified in the planting list; 5. that the planting and paving details as shown in drawing L4 be revised and further reviewed by Planning staff; 6. that the fmal selection in signage and architectural materials and colors be reviewed by Planning staff; 7. that references to possible access drives on Cascadilla Street and Fulton Street be eliminated on the site plan; 8. that the final site plan include a landscaping plan for the entire parcel, including the area reserved for future development; and 9. that chain link fence be minimized and that views from the streets into the storage area should be well considered; and be it further RESOLVED, that this Board does not object to the issuance of a foundation permit for the construction of the proposed building as shown in the site plan dated September 22, 1994. C:\Kelly■Thys\P1anBrdh9-27min.doc Minutes of September 27, 1994 -4- The resolution passed unanimously. The applicant was cautioned by Board members that this foundation permit did not mean that the Board would automatically give final site plan approval. The concerns of the Board as laid out in the above resolution would have to be met for final approval to be given. 3. Buttermilk Falls Plaza/Phase 2/Zikakis Tsang explained that the applicant wished to have an extension of preliminary site plan approval given for the Buttermilk Falls Plaza. The request is for a two-year extension of preliminary approval only. Blumenthal moved, and Rusoff seconded, that the approval be extended for two years. Approved unanimously. 4. Zoning Appeals The Board had a brief discussion of the criteria they use in determining whether or not to comment on variances. Van Cort said that the Board had established a practice of commenting only on variances which had City-wide significance. Schroeder said that he felt that Variance number 2239 at 101 Eddy Street was of City-wide significance. Rusoff moved, and Blumenthal seconded,that the Planning Board recommend against the approval of Variance 2239 on the grounds that approval would have negative neighborhood and City-wide impact. Enlargement of a nonconforming multiple dwelling in an R-2 zone would have a negative impact on a neighborhood that already has many single-family dwellings that have been converted to multiple occupancy. Approved unanimously. Regarding Appeal 2238 at 919 East State Street, a Board member asked whether the mailing list for the variance was complete. 5. Wal-Mart Project Status Report Herman Sieverding gave the Board a brief update on the Wal-Mart approval process. Wal-Mart is preparing another draft of the DEIS. Steve Hutchinson, of the East Coast Development Corporation,had informed Sieverding that he would like further clarification of what the Board is interested in having included in the DEIS. Sieverding was directed by the Board to relay to the developer that any questions regarding clarification on the DEIS should be given to the City in writing. A lengthy discussion of environmental mitigation,site plan review,and the approval process followed. The consensus was that environmental mitigation and site plan review issues should be discussed only after the DEIS is declared to be complete, and after a public hearing has been held. In response to a question by Mayor Nichols, Sieverding said that the resubmitted DEIS would be given to Clough, Harbour&Associates, the City's consultant, for review. The Board would then meet to consider Clough-Harbour's recommendations C:\Kelly\ThysplanBnd\9-27min.doc ti Minutes of September 27, 1994 -5- and its own feelings on the DEIS. There would be no formal public hearing or other formal presentations at this stage. It was noted that every meeting has a privilege of the floor,and that people would be given a limited opportunity to address the Board. It was suggested that these comments should be limited to three minutes per individual,and that each person should only be allowed to speak one time. There would be no formal presentation by either the Wal-Mart developers or by people opposed to the project. Applicants would be available to ask questions from Board members. Sieverding and the Board then discussed the schedule for the approval process. The Mayor asked at what point the Board would begin to discuss mitigation with the applicant. Sieverding said that there was a 75 - 85 day period after receipt of the completed DEIS,during which time discussions could take place between the City and the applicant. Schroeder noted that the legislation allowed for more time if the City could demonstrate that more time was needed. Rusoff commented that she felt that the Codes Committee was not very useful in dealing with the Wal-Mart review. It was agreed that on Wal-Mart and other similar large projects,the Board would act as a committee of the whole at any special meetings that were scheduled to discuss such projects. Blumenthal said she felt it would be useful to have a meeting where Board members could talk about the issues without public comment. The Mayor noted that the Metropolitan Planning Organization(MPO)allows 15 minutes before and after each meeting for public comment. The Board then discussed the proposed visit to the Wal-Mart site. After discussing a number of alternatives which included participation by the applicant,participation by opponents,participation by City staff both from Planning and Engineering Depts., etc.,the Board concluded that the site visit would be accompanied by City Planning and Engineering staff only. It was requested by a Board member that the Building Commissioner issue a determination regarding the location of separation between the FW-1 zone and the B-4 zone with regard to the Wal-Mart site. It was agreed that Board members would send a list of issues relevant to the proposed Wal-Mart site visit to Sieverding by October 5,which he would then compile and submit to the Wal-Mart applicant. 6. Reports Planning Committee-- Schroeder reported on the progress toward an agreement with DoT on the Route 13 Project. He said that the City would be asked to approve a four-lane Route 13 for the 500 feet of the project within the City. Environmental mitigations agreed to by c:\duy\ThysPunanA9-27min.doc Minutes of September 27, 1994 _6- DoT include the construction of abutments which would support a bicycle/pedestrian bridge over Route 13 at the City Line,as well as extensive landscaping along the project within and entering the City and the construction of sidewalks from within the City to Buttermilk Falls State Park. It was agreed that the Board would meet with Mayor Nichols on Thursday, November 3 at 7:30 p.m. C:\Kelly■Thys\PlanBrd\9-27min.doc