HomeMy WebLinkAboutPB Resolution 2024-002, 18.-4-12.2 TOWN OF U LYSSES
PLANNING BOARD
Planning Board Resolution No. 2024-002
A Resolution for Site Plan and Special Permit for the Angelhearts Market Site Plan and Special
Permit Located at 1404 Taughannock Blvd, Town of Ulysses,Tax Parcel 18.4-12.2
WHEREAS, the Planning Board finds the following:
1. The proposed action is in consideration of an application for site plan review and special
permit submitted by Jan Brath on behalf of the property owners Andrew and Kimberly
Engelhart, for property located at 1404 Taughannock Blvd, Town of Ulysses, Tax Parcel 18.-
4-12.2, zoned CZ: Conservation Zone; and
2. The project proposal is to convert the previous West End Gas and Grocery into a new
restaurant use and construct a 1,350+/- SF addition to the rear of the existing building as
shown on the site plan dated August 16th 2023; and
3. The CZ zone permits restaurant uses subject to a special permit and site plan review per the
Code of the Town of Ulysses 212-53.D and 212-18.C.1; and
4. This is an Unlisted Action for which the Town of Ulysses Planning Board, as lead agency in
the environmental review with respect to the project, has on January 16, 2024, made a
negative determination of environmental significance, after having reviewed and accepted
as adequate a Full Environmental Assessment Form; and
5. The action required 239 review, and Tompkins County determined in their comment letter
dated March 23, 2023, that the proposal will not have a significant county-wide or inter-
community impact; and
6. The Planning Board did conduct public meetings on March 7, 2023 and September 19, 2023
and discussed the proposed development; and
7. Notice of the public hearing was published in the Ithaca Journal on September 26, 2023,
was posted on the Town's Public Legal Notice Board, was posted on the Town's webpage,
was posted on the subject site, and was mailed to property owners within a 500-foot radius
of the subject property; and
8. The Planning Board did conduct a public hearing on October 3, 2023 and on January 16,
2024, has reviewed and accepted as adequate a site plan map entitled "Angelhearts Market
Planning Board Resolution No. 2024-002 Page 1 of 4
Site Plan", prepared by TWLA, dated August 16th 2023, and other application materials; and
9. The Planning Board considered the review criteria listed in The Code of the Town of Ulysses,
212.19.E.2 against the proposed site plan as applicable; and
10. The Planning Board has determined that the applicant is in compliance with all other
applicable provisions of the Zoning Code and other ordinances as applicable; and
11. The project is sited and designed so as to be harmonious with the surrounding area and
should not interfere with the development, use, and enjoyment of adjacent properties and
should not have a significant adverse impact upon the agricultural use of neighboring
properties; and
12. The project will promote building design that responds to the surrounding neighborhood;
and
13. The project will ensure safe and efficient access for all site users, including pedestrians,
cyclists, transit passengers, the mobility impaired, and motor vehicles, as applicable; and
14. The project will be located, designed, and/or managed to meet its anticipated travel
demand, and will include reasonable efforts to minimize single-occupancy vehicle trips,
reduce vehicle miles travelled, and promote transportation alternatives; and
15. The project will provide for the adequate protection of significant natural, cultural, heritage,
and scenic assets on or near the site; and
16. The project will contribute to existing pedestrian-oriented rights-of-way in relation to the
public realm and streetscape; and
17. The project will utilize plant materials that are capable of withstanding the climatic
conditions of Ulysses and the microclimate of the site, and will be planted so as to maximize
prospects for healthy growth; and
18. The project will make for the most efficient use of land and municipal services, utilities, and
infrastructure and
19. The Planning Board considered the review criteria listed in The Code of the Town of Ulysses,
212.18.E for the proposed special permit site plan as appropriate; and
20. The health, safety, morals and general welfare of the community in harmony with the
general purpose of the zoning code will be promoted; and
21. The premises will be reasonably adapted to the proposed use, and such use will fill a
neighborhood or community need; and
Planning Board Resolution No. 2024-002 Page 2 of 4
22. The proposed use and the location and design of the building is consistent with the
character of the CZ zone; and
23. The proposed use will not be detrimental to the general amenity or neighborhood character
in amounts sufficient to devalue neighboring property or seriously inconvenience
neighboring inhabitants; and
24. Operations in connection with the proposed use will not be more unreasonably
objectionable to nearby properties by reason of noise, fumes, vibrations, illumination, or
other potential nuisance, than the operation of any permitted use in the CZ zone; and
25. Community infrastructure and services, including, but not limited to, protective services,
roadways, garbage collection, schools, and water and sewer facilities are currently, or will
be, of adequate capacity to accommodate the proposed use; and
26. The proposed use, building design, and site layout comply with all the provisions of the
zoning code 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's Comprehensive Plan; and
27. The proposed access and egress for all structures and uses are safely designed and the site
layout provides adequate access for emergency vehicles; and
28. 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 sewerage systems, is not
detrimental to the health, safety and general welfare of the community; and
29. The lot area, access, parking, and loading facilities are sufficient for the proposed use and
access, parking and loading facilities are adequately buffered to minimize their visual
impact; and
30. Natural surface water drainage is adequately managed in accordance with good engineering
practices and in accordance with any applicable Town local law or ordinance, including
Chapter 156, Stormwater Management and Erosion and Sediment Control, and existing
drainageways will not altered in a manner that adversely affects other properties; and
31. To the extent reasonably deemed relevant by the Planning Board, the proposed use and
building complies with all the criteria applicable to site plan review.
Planning Board Resolution No. 2024-002 Page 3 of 4
NOW, THEREFORE, THE PLANNING BOARD RESOLVES THE FOLLOWING:
The Planning Board hereby grants Site Plan and Special Permit Approval for the proposed
development as described above, and as shown on the site plan noted above, subject to the
following conditions:
Conditions of Approval
1. The applicant shall document that they have considered the four energy elements for new
construction projects outlined in the Tompkins County Energy Recommendations for New
Construction (2018) as part of their construction permit application.
2. The proposal shall utilize lower-level LED lighting, and all outdoor LED lighting shall not be
higher than 2700 CCT.
Planning Board Chair Date
Ayes: Angie, Gragg, Klankowski
Nays: None
Absent: Klein, Schneider
Abstain: Liddle
Information for Applicant
1. Future proposed signage will require Planning Board approval.
2. Permit approval from Tompkins County Environmental Health Division will be
required prior to building permit approval.
3. This approval shall expire within 18 months from the date of this decision unless a
building permit has been obtained by the applicant, or if the applicant fails to
comply with the conditions of this approval.
4. This special permit approval shall expire if the use ceases for any reason for more
than 12 consecutive months.
5. This special permit approval may be revoked by the Planning Board if the conditions
of the special permit are violated.
6. This special permit shall run with the land and can be transferred to successive
property owners, unless the permit has expired or has been revoked for failure to
meet the permit conditions.
Planning Board Resolution No. 2024-002 Page 4 of 4