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					                                  PLANNING BOARD
                                    Town of Ithaca
                               Ithaca, New York 14850

                                   October 6, 2009

Present: Rod Howe, Chair; Members: George Conneman, Jon Bosak, Susan Riha,
Hollis Erb, and Fred Wilcox; Absent: Kevin Talty and Ellen Baer

Staff: Christine Balestra, Planner; Bruce Bates, Director of Code Enforcement; Susan
Brock, Attorney for the Town; Creig Hebdon, Engineer; Jon Kanter, Director of Planning;
Susan Ritter, Asst. Director of Planning; Michael Smith, Environmental Planner; Kristin
Taylor, Engineer; Paulette Terwilliger, Deputy Town Clerk

Call to Order: Chairman Howe opened the meeting at 7:02 p.m. and accepted the
Affidavit of Posting and Publication of the Public Hearing. Chairman Howe noted the
emergency exits as required, and asked that cell phones be turned off.

Persons to be Heard: There was no one wishing to address the Board at this time.

SEQR Determination and PUBLIC HEARING: Consideration of Preliminary and
Final Site Plan Approval and Special Permit for the proposed maintenance and
upgrading of the basketball court at the Elizabeth Ann Clune Montessori School
of Ithaca, located at 120 King Road East, Town of Ithaca Tax Parcel No. 43-1-3.5,
Low Density Residential Zone. The proposal involves removing the existing +/-
1,500 square foot asphalt pad and installing in the same location a +/- 2,500
square foot asphalt pad for a half basketball court. The project also includes new
basketball hoops, benches, a picket fence, and the extension of an existing
walkway. Elizabeth Ann Clune Montessori School of Ithaca, Owner/Applicant;
Andrea Riddle, Principal, Agent.

Lisa Smith, Business Administrator for the School was present to answer any
questions. She stated that the project was an upgrade to the exiting court and she was
not aware of any environmental impacts.

Chairman Howe asked the Board to address SEQR first.

Board Member Wilcox asked what was meant by the statement in the Part I form stating
that “the Campus Master Plan has preliminary site plan approval from the Town of
Ithaca.” The applicants responded that this space was on the Master Plan of the
outdoor area for the school from 2 years ago. There is no change, but it was on the
master plan. Board Member Wilcox had an issue with the statement that the Board
gave preliminary approval to a Campus Master Plan. Mr. Smith explained to the Board
that they had reviewed either sketch plan or preliminary approval for the whole plan for
the three properties that make up the school detailing what they wanted to do over the
next few years. He was not sure if the Board gave final approval on that, but the Board
has seen various aspects of the project. Board Member Wilcox wanted the statement
                                                                        PB Final 10-6-2009
                                                                                Page 2 of 8
removed, the rest of the Board agreed and it was struck from the Part I. The greater
than symbol was also removed to clarify.


ADOPTED RESOLUTION:            PB RESOLUTION NO. 2009 - 092
                               SEQR
                               Preliminary and Final Site Plan & Special Permit
                               Montessori School – ½ Basketball Court
                               120 King Road East
                               Tax Parcel No. 43-1-3.5
                               Town of Ithaca Planning Board, October 6, 2009

Motion made by George Conneman, seconded by Susan Riha

WHEREAS:

1.    This action is consideration of Preliminary and Final Site Plan Approval and
      Special Permit for the proposed maintenance and upgrading of the basketball
      court at the Elizabeth Ann Clune Montessori School of Ithaca, located at 120
      King Road East, Town of Ithaca Tax Parcel No. 43-1-3.5, Low Density
      Residential Zone. The proposal involves removing the existing +/- 1,500 square
      foot asphalt pad and installing in the same location a +/- 2,500 square foot
      asphalt pad for a half basketball court. The project also includes new basketball
      hoops, benches, a picket fence, and the extension of an existing walkway.
      Elizabeth Ann Clune Montessori School of Ithaca, Owner/Applicant; Andrea
      Riddle, Principal, Agent, and

2.    This is an Unlisted Action for which the Town of Ithaca Planning Board is acting
      as Lead Agency in environmental review with respect to Site Plan Approval and
      Special Permit, and

3.    The Planning Board, on October 6, 2009, has reviewed and accepted as
      adequate a Short Environmental Assessment Form (EAF) Part I, submitted by
      the applicant, and Part II prepared by Town Planning staff, drawings titled
      “Basketball Maintenance – Key Map”, “Basketball Maintenance – Demolition
      Plan”, and “Basketball Maintenance – Layout & Grading Plan”, all dated August
      1, 2009, and other application materials, and

4.    The Town Planning staff has recommended a negative determination of
      environmental significance with respect to the proposed Site Plan Approval and
      Special Permit;

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
                                                                         PB Final 10-6-2009
                                                                                 Page 3 of 8
Review for the above referenced actions as proposed, based on the information in the
EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft
Environmental Impact Statement will not be required.

A vote on the motion was as follows:

AYES: Howe, Conneman, Riha, Bosak, Wilcox and Erb
NAYS: None

The motion passed unanimously.

The Board then turned to the Preliminary and Final Site Plan approval.

Chairman Howe opened the public hearing at 7:08p.m. There was no one wishing to
address the Board and the public hearing was closed at 7:09p.m.


ADOPTED RESOLUTION:              PB RESOLUTION NO. 2009 - 093
                                 Preliminary and Final Site Plan & Special Permit
                                 Montessori School – ½ Basketball Court
                                 120 King Road East
                                 Tax Parcel No. 43-1-3.5
                                 Town of Ithaca Planning Board, October 6, 2009

Motion made by Jon Bosak, seconded by Hollis Erb.

WHEREAS:

1.    This action is consideration of Preliminary and Final Site Plan Approval and
      Special Permit for the proposed maintenance and upgrading of the basketball
      court at the Elizabeth Ann Clune Montessori School of Ithaca, located at 120
      King Road East, Town of Ithaca Tax Parcel No. 43-1-3.5, Low Density
      Residential Zone. The proposal involves removing the existing +/- 1,500 square
      foot asphalt pad and installing in the same location a +/- 2,500 square foot
      asphalt pad for a half basketball court. The project also includes new basketball
      hoops, benches, a picket fence, and the extension of an existing walkway.
      Elizabeth Ann Clune Montessori School of Ithaca, Owner/Applicant; Andrea
      Riddle, Principal, Agent, and

2.    This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as
      lead agency in environmental review with respect to the project has, on October
      6, 2009, made a negative determination of environmental significance, after
      having reviewed and accepted as adequate a Short Environmental Assessment
      Form Part I, submitted by the applicant, and a Part II prepared by Town Planning
      staff, and
                                                                          PB Final 10-6-2009
                                                                                  Page 4 of 8
3.    The Planning Board, at a Public Hearing held on October 6, 2009, has reviewed
      and accepted as adequate, drawings titled “Basketball Maintenance – Key Map”,
      “Basketball Maintenance – Demolition Plan”, and “Basketball Maintenance –
      Layout & Grading Plan”, all dated August 1, 2009, and other application
      materials;

NOW THEREFORE BE IT RESOLVED:

      That the Planning Board hereby grants Special Permit for the proposed
Montessori School ½ Basketball Court project finding that the standards of Article XXIV
Section 270-200, Subsections A – L, of the Town of Ithaca Code, have been met,

AND BE IT FURTHER RESOLVED:

1.    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 neither a significant alteration of the purpose of site plan
      control nor the policies enunciated or implied by the Town Board, and

2.    That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site
      Plan Approval for the proposed maintenance and upgrading of the basketball
      court at the Montessori School at 120 King Road East, as described on the
      drawings titled “Basketball Maintenance – Key Map”, “Basketball Maintenance –
      Demolition Plan”, and “Basketball Maintenance – Layout & Grading Plan”, all
      dated August 1, 2009, subject to the following conditions:

      a.     submission of one set of the final site plan drawings on mylar, vellum, or
             paper, signed and sealed by the registered land surveyor, engineer,
             architect, or landscape architect who prepared the site plan material, prior
             to the issuance of a building permit, and

      b.     issuance of a building permit is required for the project.

A vote on the motion was as follows:

AYES: Howe, Conneman, Riha, Bosak, Wilcox and Erb
NAYS: None

The motion passed unanimously.
                                                                           PB Final 10-6-2009
                                                                                   Page 5 of 8
Continuation of the determination of adequacy for public review of the Draft
Environmental Impact Statement (DEIS) for the proposed Holochuck Homes
Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route
89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.’s 24-3-3.2, 25-1-5.1,
25-2-41.2, 26-4-37, 26-4-38, and 26-4-39, Low Density Residential Zone, Medium
Density Residential Zone, and Conservation Zone. The proposal involves the
construction of 106 +/- town home type units in a clustered neighborhood
development with two entrances proposed from NYS Route 96 (Trumansburg
Road). The development will be concentrated on the west side of the property
closest to NYS Route 96, zoned Low and Medium Residential, with more than half
of the eastern portion of the property, mainly zoned Conservation, remaining
undeveloped. The New York State Office of Parks, Recreation, and Historic
Preservation proposes to acquire most of the eastern portion of the property in
conjunction with development of the future Black Diamond Trail. The Planning
Board may also consider scheduling a public hearing regarding the DEIS.
Holochuck Homes LLC, Owner/Applicant; David M. Parks, Esq., Agent.

Fred Wells, TG Miller and David Parks, Esq were present to answer questions.

Chairman Howe stated that the Board would review the changes and revisions
submitted from the last meeting and then proceed with the sections not reviewed.

Board Member Bosak asked if this property had ever come before the Board for
development before. Mr. Kanter stated that there was one back in the 1980’s that never
went past Sketch Plan.

Chairman Howe explained to the public that there was not a formal public hearing
scheduled for this evening but there will be one once there is a final document and if
time allowed, they would hear from the public. Board Member Wilcox noted that there
were maps on the walls for the public to look at.

Under Soils and Topography, there were still concerns about groundwater and where it
was going to go. Board Member Bosak was concerned about what would happen when
more development occurs. Mr. Hebdon stated that the SWPPP must show that the
runoff remains the same. Each development as it comes in has to make sure that there
is no change in the runoff from their development, what the level is now will be the level.

The major area of concern was still the Traffic and Transportation Section. The figures
were still confusing and Board Member Bosak wanted them broken into years. Figures
3.6.10 and 3.6.6 were discussed at length. Mr. Wells explained the percentages as the
cars left the site, maybe 20% would go left toward Trumansburg and 80% would go
toward Ithaca and this was the Holochuck traffic. Site-generated traffic is traffic
generated by the site only.

Board Member Bosak wanted a new table 3.6.12 showing now-nobuild-all projects-
Holochuck. The applicants asked that the Board or Town ask for comments from the
                                                                              PB Final 10-6-2009
                                                                                      Page 6 of 8
NYS DOT and Ms. Brock asked that they explicitly state that they are waiting for
comments from the State and the speed is regulated by the State.

The peak driveway times were done and will be reported on at the next meeting. They
found the longest delay was just over 60 seconds.

The average annual increase was discussed at length. New York State has a 1-2%
annual growth rate and the volume of their site-generated growth is the same as what
would normally be experienced. How does existing related to their increase. Ms. Brock
thought it was still confusing. The quantitative analysis shows the outcomes of the
number crunching.

Public Transportation was discussed again. Board Member Wilcox could not verify the
8.6% quoted as using public transportation.

Page 3.6-12 was discussed. State DOT sets speed limits and one access point may be
deemed unacceptable by them. Points of egress and emergency vehicle access are
issues and the project may have to have two. The applicant stated that it would be
more likely that the DOT would limit the access to single turn only or something like that.

The applicant stated that letters went out to the service providers and they will be in the
appendix next time.

Board Member Bosak stated that he had spoken with TCAT representatives and they
did not know anything about the project and had never been asked about service there.
The applicant stated TCAT could change their minds and they would welcome it, but he
would get Mr. Bosak the notes from their previous conversation with TCAT.

The Board now went through the sections they had not looked at previously.

The Alternatives section was discussed and the Board thought the applicants should
state what alternatives were looked at and rejected. The Cayuga Medical Center
(CMC) access was discussed again and the applicants stated that CMC was not
interested at all in allowing access through their property. Their reasons were the
significant increase in traffic, internal circulation and safety. They stated unequivocally
that there was no chance and price was not an issue, it was not even on the table. The
Staff agrees that would be an ideal solution, with the light already there etc., but it is not
an available option. The Board again stated that the applicant should state that it was
attempted and they should include any paperwork pertaining to their discussions with
the hospital.

Board Member Bosak also asked about nodal development and though that is not an
option, looking at putting a path to the Black Diamond Trail to bring residents to the
nearby commercial buildings. The applicants stated that there is a path nearby that
could be extended, but the New York State Parks are not interested in getting any land
with a path on it because of maintenance and liability concerns.
                                                                         PB Final 10-6-2009
                                                                                 Page 7 of 8
The parcel of land being given to the State was discussed and the path leading to the
Black Diamond Trail. Grades for the property were also discussed. It was noted that
Town Law allows for the Town to require 10% of land for parkland or monies in lieu of
for park land and that should be stated.

The SWPPP was briefly discussed and Mr. Hebdon noted that a line item review would
happen for site plan review but not for the DEIS. Board Member Bosak asked about
ponds and the applicant stated that there would be 3 ponds but could not give the sizes
from memory.

The sewer capacity was discussed and Mr. Hebdon responded that there is a question
about how this will be handled. There is one point in the system that will not handle the
growth and the solution has not been stated yet. The point is jointly owned. Ms. Brock
thought this was a major issue and needed to be discussed in the DEIS. Board
Member Wilcox asked if it was possible that the appropriate permits would not be
granted to pump the sewerage from the proposed development into the existing system
because of this block and Mr. Hebdon said that was accurate. The applicant stated that
this problem exists with or without the Holochuck development. Mr. Hebdon stated that
was true, and the development would exacerbate it. Ms. Brock again stated that it
should be stated and what the developers could do to alleviate the issue. Mr. Hebdon
said it is not something that would be resolved in the next year. The issue happens
during high water events from both rain and/or snow. The applicant asked for more
direction on this since they had put in their solution of pumping during “off-hours” and
they were not sure what else could be discussed. The Board responded that that was
up to the applicant’s experts and they were not in a position to suggest solutions.

The Appendices were discussed and the applicant noted that those were draft
documents, some of which, such as the Homeowners Association Agreement, was just
an example of one, but not the one that would be used.

Ms. Brock noted that there are still updates that need to happen throughout the
document regarding wrong names of things such as Water Districts and the like and
some other areas were things such as developments or reports that are talked about
coming or happening and they now are finished and those types of changes need to be
made.

Chairman Howe asked the applicant if they would be willing to extend the deadline for
review of the DEIS for the Board to receive, review and comment on the changes that
were discussed. The applicant offered to extend the comment period deadline.

The changes will be made in blue and those pages delivered to the Town and once all
changes have been accepted, a new total document will be provided for acceptance as
complete.

A gentleman representing the non-profit part of PRI addressed the Board stating that
they would like the north access road moved south off of the Oddfellows area because
leaving it where it is would take some of their options for future development away. The
                                                                         PB Final 10-6-2009
                                                                                 Page 8 of 8
applicants own that lane which was left that way to leave access to what would
otherwise have been a landlocked property. Ms. Balestra noted that this issue was
discussed during the meeting with CMC and PRI representatives and nothing was
decided.

Board Member Conneman asked about the CMC entrance again and questioned why
the County couldn’t get involved. Ms. Brock noted that it is not owned by the County
anymore and Board Member Conneman thought there should still be pressures out
there that could be brought to bear on the hospital to negotiate. The applicant again
stated that the hospital has complete control and there was nothing that they could offer
them to their benefit and therefore it was a moot point.

Approval of Minutes

ADOPTED RESOLUTION:               PB RESOLUTION NO. 2009-094
                                  Minutes of September 1, 2009
                                  Town of Ithaca Planning Board
                                  October 6, 2009

MOTION made by Fred Wilcox, seconded by Hollis Erb.

WHEREAS:
The Town of Ithaca Planning Board has reviewed the draft minutes from September 1,
2009, and

NOW THEREFORE BE IT RESOLVED:
The Town of Ithaca Planning Board approves the minutes, with corrections, to be the
final minutes of the meeting held September 1, 2009.

A vote on the motion was as follows:

AYES: Howe, Conneman, Riha, Bosak, Wilcox and Erb
NAYS: None

The motion passed unanimously.

Other Business
Codes & Ordinances discussed basement definitions in the Code and the Planning
Committee recommended to the Board that the Northeast Moratorium area be changed
to a Conservation Zone.

Meeting adjourned at 9:20 p.m.
Respectfully submitted,

_________________________
Paulette Terwilliger, Deputy Town Clerk

				
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