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HomeMy WebLinkAboutPB Packet 2023-02-21 TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tuesday, February 21, 2023 7:00 P.M. Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom. The public will have an opportunity to see and hear the meeting live and provide comments in-person or through Zoom at https://us06web.zoom.us/j/83643764382. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube (https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live). AGENDA 1. SEQR Determination: Cortright 2-Lot Subdivision, 653 Elmira Road. 2. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 653 Elmira Road. The proposal involves subdividing the 48+/- acre parcel into two parcels. Parcel A, at 2.6+- acres, contains existing residential structures and barns. Parcel A also contains an access drive (labeled “Parcel C”) that will be granted as an easement to the Town of Ithaca for access to Parcel B. Parcel B, at 45+/- acres, is undeveloped stream bottom land that will be conveyed to the Town of Ithaca for eventual sale to New York State for consolidation with an adjacent parcel owned by New York State. The purpose of the subdivision/consolidation is to provide land for the future Black Diamond Trail. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Estate of Isaac Cortright, Owner; Town of Ithaca, Applicant/Agent. 3. Consideration of a sketch plan for the proposed Mirabito convenience store, fuel canopy, and car wash, located at 301 Pine Tree Road. The project involves demolishing the existing Mirabito building and re-developing the site with a new 6,600+/- square foot Mirabito convenience store with fuel canopy and carwash, along with an adjoining fast-food restaurant with drive-thru. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Cornell University, Owner; Mirabito Energy Products – Brett Hughes, Applicant/Agent. 4. Persons to be heard. 5. Other Business. 6. Adjournment. C.J. Randall Director of Planning 607-273-1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY CHRIS BALESTRA AT 607-273-1747 or CBALESTRA@TOWN.ITHACA.NY.US. (A quorum of four (4) members is necessary to conduct Planning Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town’s website at https://www.town.ithaca.ny.us/meeting-calendar-agendas/ under the calendar meeting date. TOWN OF ITHACA PLANNING BOARD PUBLIC HEARING NOTICE The Planning Board will hold a public hearing on Tuesday, February 21, 2023, at 7:00 P.M. on the following matter: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 653 Elmira Road. The proposal involves subdividing the 48+/- acre parcel into two parcels. Parcel A, at 2.6+- acres, contains existing residential structures and barns. Parcel A also contains an access drive (labeled “Parcel C”) that will be granted as an easement to the Town of Ithaca for access to Parcel B. Parcel B, at 45+/- acres, is undeveloped stream bottom land that will be conveyed to the Town of Ithaca for eventual sale to New York State for consolidation with an adjacent parcel owned by New York State. The purpose of the subdivision/consolidation is to provide land for the future Black Diamond Trail. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Estate of Isaac Cortright, Owner; Town of Ithaca, Applicant/Agent. Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom. The public will have an opportunity to see and hear the meeting live and provide comments in-person or through Zoom at https://us06web.zoom.us/j/83643764382. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube (https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live). Any person wishing to address the board will be heard. In addition, comments can be sent via email to townclerk@town.ithaca.ny.us up to the end of business the day of the meeting and all comments will be forwarded to the board. Additional information is available at www.town.ithaca.ny.us. C.J. Randall, Director of Planning DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us MEMORANDUM TO: Planning Board Members FROM: Christine Balestra, Planner DATE: February 14, 2023 RE: Cortright Subdivision – 653 Elmira Road, Preliminary and Final Subdivision Approval Attached please find materials for the proposed subdivision of a 48+/- acre parcel on Elmira Road. The proposed subdivision will result in two lots, with Parcel A consisting of 2.6+/- acres and Parcel B consisting of 45+/- acres. The purpose of the subdivision is to provide land for the future Black Diamond Trail, a New York State recreational trail project that has been in development for over twenty years. The resulting 45+/- acre parcel is largely undeveloped and is being purchased by the Town of Ithaca for conveyance to New York State Parks. The remaining 2.6+/- acre parcel contains a residence and additional structures and will be retained by the current property owners. A small portion of the property that fronts on Elmira Road is zoned Neighborhood Commercial NC). However, most of the property is zoned Conservation (C). The subdivision will result in the smaller lot (Parcel A) residing in both zones. The C Zone will exist on the back portion of Parcel A and will amount to slightly less than one acre, out of the total 2.6+/- acres. The larger lot (Parcel B) will be entirely within the C Zone. Parcel A is also located within the proposed Inlet Valley Overlay District. Board members may recall the presentation about the overlay district at the January 17, 2023, Planning Board meeting. Briefly, an overlay district is a zone that “overlays” or sits on top of the original “base zone”. The underlying zoning stays the same, but the overlay adds special regulations or incentives that take priority over the default regulations. The Inlet Valley Overlay District will allow uses and development of a kind and scale that makes sense for, and complements, the Elmira Road area and will prohibit uses and development that could be out of place or harmful. The overlay is intended to keep Elmira Road from becoming a general commercial or semi-industrial strip. The current owners of the property are aware of the proposed Inlet Valley Overlay District and do not have plans to develop Parcel A at this time. The Town of Ithaca will purchase Parcel B to eventually convey to New York State (NYS) Parks, to facilitate the development of the future Black Diamond Trail (trail map attached). NYS Parks owns the adjacent property to the northeast, labeled as Mancini on the 12/30/99 subdivision plat, and will consolidate the parcels after acquisition An easement will also be granted to the town for rights of ingress and egress to Parcel B over the existing gravel drive (labeled Parcel C on plat). 2 For the edification of the new members on the Planning Board, this project has been approved by the Planning Board four times since 2000. The board first approved the project in August 2000, where subdivision approval was contingent on the consolidation of Parcel B with the adjacent property within 6 months of the date of approval. The project returned to the Planning Board for extensions of the approval in 2001, 2003, and 2004, respectively, because of a delay in the conveyance/consolidation due to legal and title issues associated with the property owners’ estate. The legal issues have finally been resolved and the Town of Ithaca intends to retain Parcel B until negotiation of the sale to NYS Parks is initiated. Along with the application materials and environmental assessment are draft resolutions for the Board to consider. Please call me at (607) 273-1721 or email me at cbalestra@town.ithaca.ny.us if you have any questions prior to the meeting. Att. CC: Rod Howe, Town Supervisor Town of Ithaca Town Board Alexis Zaharis Grimm and Mark Grimm, GrayHaven Motel PROPOSED RESOLUTION: SEQR Preliminary and Final Subdivision Approval Cortright 2-Lot Subdivision 653 Elmira Road Tax Parcel No. 35.-1-18 Town of Ithaca Planning Board, February 21, 2023 WHEREAS: 1. This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 653 Elmira Road. The applicant proposes subdividing the 48+/- acre parcel into two parcels. Parcel A, at 2.6+- acres, contains existing residential structures and barns. Parcel A also contains an access drive (labeled “Parcel C”) that will be granted as an easement to the Town of Ithaca for access to Parcel B. Parcel B, at 45+/- acres, is undeveloped stream bottom land that will be conveyed to the Town of Ithaca for eventual sale to New York State for consolidation with an adjacent parcel owned by New York State. The purpose of the subdivision/consolidation is to provide land for the future Black Diamond Trail. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Estate of Isaac Cortright, Owner; Town of Ithaca, Applicant/Agent; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board in an uncoordinated review with respect to the Project; 3. The Planning Board, on February 21, 2023, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff, a survey map entitled “Proposed Subdivision Map Showing Lands of Hazel S. Cortright, Town of Ithaca, Tompkins County, New York”, prepared by T.G. Miller, P.C., dated 12/30/99 and revised 3/2/00, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; 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. Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: NO YES 3.a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify): Forest Agriculture Parkland ZBA Area Variance, TB property aquisition Page 2 of 3 5.Is the proposed action, a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES N/A 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ NO YES b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for Area is served by TCAT Route 67 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: Please see Part 3 Please see Part 3 Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline Forest Agricultural/grasslands Early mid-successional Wetland Urban Suburban 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ EAF Mapper Summary Report Wednesday, February 1, 2023 1:52 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. Part 1 / Question 7 [Critical Environmental Area] No Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] No Part 1 / Question 12b [Archeological Sites]Yes Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 / Question 15 [Threatened or Endangered Animal] No Part 1 / Question 16 [100 Year Flood Plain]Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 / Question 20 [Remediation Site]No 1ShortEnvironmentalAssessmentForm - EAF Mapper Summary Report Page 1 of 2 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4.Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Page 2 of 2 For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: PROPOSED RESOLUTION: Preliminary and Final Subdivision Approval Cortright 2-Lot Subdivision 653 Elmira Road Tax Parcel No. 35.-1-18 Town of Ithaca Planning Board, February 21, 2023 WHEREAS: 1. This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 653 Elmira Road. The applicant proposes subdividing the 48+/- acre parcel into two parcels. Parcel A, at 2.6+- acres, contains existing residential structures and barns. Parcel A also contains an access drive (labeled “Parcel C”) that will be granted as an easement to the Town of Ithaca for access to Parcel B. Parcel B, at 45+/- acres, is undeveloped stream bottom land that will be conveyed to the Town of Ithaca for eventual sale to New York State for consolidation with an adjacent parcel owned by New York State. The purpose of the subdivision/consolidation is to provide land for the future Black Diamond Trail. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Estate of Isaac Cortright, Owner; Town of Ithaca, Applicant/Agent; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an uncoordinated review with respect to Subdivision Approval, has on February 21, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental 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 February 21, 2023, has reviewed and accepted as adequate a survey map entitled “Proposed Subdivision Map Showing Lands of Hazel S. Cortright, Town of Ithaca, Tompkins County, New York”, prepared by T.G. Miller, P.C., dated 12/30/99 and revised 3/2/00, 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, having 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 653 Elmira Road, as shown on the survey map noted in Whereas #3 above, subject to the following conditions: a. That the owners of the Grayhaven Motel obtain the title to the property; b. Revision of the final subdivision plat to include: i. The current names of all property owners that surround the property; ii. The current property conditions, with the most updated structures and site elements; Page 2 of 2 iii. In the Title Information block, the current property owner names and the “Town of Ithaca” instead of New York State Parks as the entity receiving Parcel B and easement for Parcel C; and c. Submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the revised final subdivision plat, prior to filing with the Tompkins County Clerk Office, and submission of a copy of the receipt of filing to the Town of Ithaca Planning Department. SAND BANK RDELMIRA RDELMIRA RDCALKINS RD SEVEN MILE DRPARK RDMCGEE RD ENFIELD FALLS RD´LOCATION MAPCortright Subdivision2-Lot SubdivisionPlanning Board, February 21, 2023 ± 0 500 1,000250 Feet Townowned Townowned Town - ownedNYS Parksowned Finger LakesLand TrustPropertyCortright653 Elmira Rd Proposed subdivision line (appro x) DA$5IN.,S..v’... 5.5•..5.50—5.. MR &SASS ISSAC C CORTRICHT AND— CE0IW!CST!I5 NEW TORE STATE OFflCC OF PARKS RECREATION ANT AISSORAC PRESERVAIISIA TITLE IIAFORN4STION PARCEL A & HAZEL S.CORTRIOHT BK 365 PC 584 TAX MAP NO.35—I—IS TOTAL AREA TO CENTERLINE—AZ 758 ACRES PARCEL A TO RE RETAINED BY CORTRIOHT AREA—2.617 ACRES To PARCEL 8 TO RE CONVEVEO TO THE NEW YORK STATE OFFICE OP PARKS RECREATION AND HISTORIC PRESERVATION AREA—45.14?ACRES PASII C EASEMENT TO BE TS$T4TET TO NEW TORE STATE SEECE OF PARKS. 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COASTS.4CR ‘1500 V-61 653 Elmira Road (Cortright) TOWNOFITHACANEW YORKDEPARTMENTOFPLANNING215N.TiogaSt14850607.273.1747www.town.ithaca.ny.usMEMORANDUMTO:PlanningBoardMembersFROM:ChristineBalestra,PlannrDATE:February14,2023RE:ProposedSketchPlan—MirabitoRedevelopmentProjectatEastHillPlazaEnclosedpleasefindmaterialsrelatedtoasketchplanproposalfortheredevelopmentoftheMirabitogasstationandconveniencestoreinEastHillPlaza,301PineTreeRoad/CR120.TheprojectinvolvesdemolishingtheexistingMirabitobuildingandredevelopingthesitewithanew6,600+/-squarefootMirabitoconveniencestorewithfuelcanopyandcarwash,alongwithanattachedfast-foodrestaurantanddrive-thru.Tofacilitatetheredevelopment,theapplicantsplantoconsolidatetheparcelthatcontainstheexistingMirabitogasstationwiththeadjacentparcelthatcontainsthebuildingformerlyhousingBurgerKingandre-subdividethepropertytoobtainanadditional0.8÷!-acresforthenewdevelopment.Theresultwillbea1.6+/-acreparcelthatwillcontaintheredevelopedMirabitoandassociateduses,anda1.0+!-acreparcelthatwillcontaintheformerBurgerKingparkinglot.TheapplicanthasnotindicatedafutureintentfortheformerBurgerKingparkinglot.ThisprojectisscheduledforasketchplanreviewattheFebruary21,2023,PlanningBoardmeeting.ThereisnoofficialPlanningBoardactionfortheproject,asasketchplanreviewisintendedfortheBoardtocommunicatesuggestionsand/orconcernstotheapplicantregardingtheproject.Informationabouttheproperty’ssitecharacteristics,approvalprocess,andenvironmentalreviewelementsarenotedbelow.PropertySiteCharacteristicsThepropertyisboundonthenorthbytheEastHillPlazaparkinglot,ontheeastbytheTompkinsTrustCompanybankandaplazaentranceoffEllisHollowRoad/CR110,onthesouthbyEllisHollowRoad,andonthewestbyPineTreeRoad/CR120.TheprojectislocatedwithinthelargestcommercialareaintheTownofIthaca,withaportionintheVehicleFuelandRepairZoneandaportionintheCommunityCommercialZone.AcrossthePineTreeRoadisanopenparcelandtheexistingDunkin’Donuts;andacrossEllisHollowRoadareCornellUniversityhorsepastures.1 Thisareaofthetownhasbeenhighlydisturbedbycommercialdevelopment.Therearenosteepslopes,wetlands,orwaterbodies,historicorarchaeologicallysensitiveresources,endangeredorthreatenedspecies,forestedareas,orotherenvironmentallysensitivecharacteristicsontheprojectsite(theenvironmentalreviewprocessisdescribedbelow).TheTownofIthaca’s2014ComprehensivePlanhasidentifiedthisareaas“TNDHighDensity”(TraditionalNeighborhoodDesign),whichenvisionsaredevelopedLastHillPlazaintoadense,pedestrianfriendlyarea,withhumanscaledesign,aninterconnectedstreetnetwork,andotherfeaturesthatfosterasenseofcommunity.TheproposedsketchdesignembodiessomeofthespiritofapotentialfutureTNDfortheEastHillarea.However,theproposedsidewalksabuttheroad,withnotreelawntoseparatetheroadfromthewalks.ThereisalsoapatioseatingarearightnexttoEllisHollowRoad,whichisnotanappropriate(orenjoyable)placeforseating,andthefuelcanopyisquitelarge.TheBoardshoulddiscussthese,andanyotherlayoutanddesignconcerns,withtheapplicantatthemeeting.ApprovalProcess&EnvironmentalReview(SEQR)ThisprojectwillrequirepreliminaryandfinalsiteplanandsubdivisionapprovalsfromthePlanningBoard.Specialpermitapprovalmaynotbeneeded,asthePlanningBoardpreviouslyissuedspecialpermitsforthegasstation,conveniencestore,andfast-foodrestaurantwhenthoseprojectswereoriginallyapproved.Theenvironmentalreviewforthisprojectwilloccuratthenextstageofprojectreview(preliminarysiteplan,preliminarysubdivision).TheprojectisclassifiedasanUnlistedAction,pursuanttotheStateEnvironmentalQualityReviewActandtheTownofIthacaEnvironmentalReviewLaw.Assuch,theprojectwillrequirethecompletionofaShortEnvironmentalAssessmentForm.Theenvironmentalreviewwillevaluatepotentialimpactsonstormwatermanagementanddrainage,erosionandsedimentationcontrol,infrastructureandutilitycapacity/availability,traffic,noise,lighting,parkingandcirculation,energyusage,communitycharacter,aesthetics,andotheritems.TheapplicantshouldbepreparedtoprovideenoughdetailedplansandstudiesfortheBoardtomakeadeterminationofenvironmentalsignificanceatthenextstageofprojectreview.Theapplicantshouldsubmitelevationdrawings,plansthatshowbuildingmaterials,colors,andothersitedetails,moredetailedlandscapingandlightingplans,gradingplans,anyproposedsignage,erosionandsedimentationcontrolplans,andtripgeneration/trafficcountinformation.Additionally,theapplicantshouldconsultwiththeTownEngineeringDepartmentbeforesubmittingmaterials,astheremaybewaterandsewerissuesthatneedtoberesolved(perattachedmemofromtheTownEngineeringDepartment,datedJanuary23,2023).Pleasefeelfreetocontactmebyphoneat273-1721orbyemailatcbalestra@town.ithaca.ny.usifyouhaveanyquestions.Cc:BrettHughes,MirabitoEnergyProductsMatthewNapierala,NapieralaConsultingJeremyThomas,DirectorofRealEstate,CornellUniversityKristenGutenburger,AssociateDirectorofRealEstate,CornellUniversity2 DEPARTMENT OF ENGINEERING Stormwater, Sanitary Sewer, Potable Water, Roads, Parks, and Trails 114 Seven Mile Drive, Ithaca, N.Y. 14850 ENGINEERING@TOWN.ITHACA.NY.US PHONE: 607.273.1656 FAX: 607.272.6076 www.town.ithaca.ny.us ENGINEERING MEMORANDUM FROM: Daniel Thaete P.E., Director of Engineering David O’Shea P.E., Senior Civil Engineer TO: Matthew R. Napierala, P.E., Napierala Consulting Professional Engineer, P.C James Ballantyne, Napierala Consulting Professional Engineer, P.C Brett Hughes, Mirabito Energy Products CC: Town of Ithaca Planning Board DATE: January 23, 2023 RE: 301 Pine Tree Rd, Mirabito Energy Products Re-Development We have reviewed the provided sketch plan materials, plan sheet SK-19(dated November 3, 2022), sheet SD-1 (dated November 23, 2022) and the project narrative associated with the project. We offer the following comments: General • Please consult with the Tompkins County Highway Department on the planned improvements near, and within, the County right of way. • It is anticipated that the applicant will be required to meet the NYS DEC SPDES General Permit for Stormwater Discharges from Construction Activities. The stormwater plans and materials will need to be approved prior to final project approval. As identified within the General Permit, Fueling Stations are considered “hotspots” requiring specific measures as identified within the regulations. • A phasing plan must be included in the SWPPP if construction and/or demolition is going to be completed in a phased manner. Water and Sewer • Please provide pre and post development water and sewer flows for review. There are numerous downstream sections with the sanitary sewer collection system that are at and/or near capacity (see attached sewer map entitled “Mitchell St. Sewer Shed Existing Conditions). Increases in flow will need to be approved by the Town of Ithaca Engineering Department and the Ithaca Area Wastewater Treatment Facility. An External Plumbing Permit will be required. • The Town of Ithaca has a 10’ sewer easement centered on the main. Cover shall not be reduced to less than 4.5’ over the sanitary sewer main. Grading, vegetation, and other obstructions that would impede access and maintenance to the main shall not be placed within our easement (refer to attached, “Town of Ithaca Utilities” map). • A storm water basin can not be installed within our easement. This would impede access and maintenance capabilities (refer to attached, “Town of Ithaca Utilities” map). • A portion of the water main is located within an easement that is referenced in the parcels deed. We are unable to locate the easement. This will need to be rectified. Cover shall not be reduced to less than 5’. An additional easement may be required if modification to the water services is required. COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. February 10, 2023 Christine Balestra, Planner Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Sketch plan for proposed Mirabito Redevelopment located at 301 Pine Tree Road, Tax Parcel #62.-2-1.13, Cornell University, Owner; Brett Hughes, Applicant. Dear Ms. Balestra: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. Thank you for the opportunity to review the plan early in the review process. If the proposal goes forward, we look forward to reviewing the preliminary and/or final site plans. In our review of the sketch plan we consulted the Tompkins County Highway Division and identified the following concerns: • The driveway on Pine Tree Road (County Road 120) is too close to the intersection and should be eliminated. The American Association of State Highway and Transportation Officials specifically states that “Driveways should not be situated within the functional boundary of at-grade intersections. This boundary would include the longitudinal limits of auxiliary lanes.” Drivers exiting and entering the gas station using the Pine Tree Road driveway may interfere with through traffic. • The two driveways on Ellis Hollow Road (County Road 110) lie within each other’s influence area. One should be removed. • The driveway proposed on Ellis Hollow Road should be relocated to align with the existing cross culvert. • The stormwater management area in the Northwest corner of the sketch plan is in close proximity to the fuel tanks and should be relocated. Possible contamination of the stormwater management area from an event associated with the fuel tanks could have broader water quality impacts downstream. • The sidewalk and accompanying crosswalk crossing the driveway on Ellis Hollow Road should be realigned to meet the existing pathway. • The sidewalk curb cut from the patio on to Ellis Hollow Road should be removed as there is not a crosswalk at this intersection. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability 110 FAYETTE S TREET M ANLIUS, NEW Y ORK 13104 PH 315-682-5580 • FAX 315-682-5544 • EMAIL:MNAP@NAPCON.COM Project Narrative –Mirabito Energy Products Re-Development Location: 301 Pine Tree Road Ithaca, NY 14850 Parcel Size ±1.6 acres (Proposed, contingent on subdivision approval) Owner: Mirabito Energy Products PO Box 5306 The Metro Center – 49 Court Street Binghamton, NY 13902 Attn: Brett Hughes Contacts: Project Site Engineer Napierala Consulting, (315) 682-5580 Project Narrative: Mirabito Energy Products (Mirabito) is proposing to demolish their existing building and re-develop the site. This site will include a +/- 6,600 square foot building for a new Mirabito convenience store with fuel canopy and carwash, along with an adjoining fast-food restaurant with drive-thru. The existing site is within the Town of Ithaca’s Vehicle Fuel and Repair (VFR) zone and Community Commercial (CC) zone. Additionally, Mirabito is proposing a subdivision/consolidation into Parcel 1 and Parcel 2. The proposed Parcel 1 will be split-zoned with the western portion remaining VFR and the eastern portion retained as Community Commercial (CC). All aspects of the proposed convenience store, fueling station, and fuel storage area will be entirely kept within the VFR zoned portion of the parcel. Similarly, all aspects of the proposed fast-food restaurant with drive-thru will be entirely kept within the CC zoned portion of the parcel. The convenience store with gasoline sales will require a Special Permit. The fast-food restaurant with drive-thru will require a Special Permit. Parcel 2 will be owned by Cornell and be left undeveloped at this time. Along with the building construction, the site changes include additional parking and circulation patterns while retaining the existing full access driveways on Pine Tree Road and Ellis Hollow Road and cross access to the shopping plaza to the north. Additional improvements include a new sidewalk along the property frontage, a patio seating area, improved landscaping, and site lighting. Given that Mirabito and a fast-food restaurant are currently operating on this site, the proposed project will have negligible impact on traffic and trip generation. Stormwater management will be designed to meet the current standards by NYSDEC and discharge from the site similar to existing conditions. Public utilities including sewer, water, electric, natural gas currently serve the parcel and no new services are being proposed. The chart on the following page outlines the preliminary construction schedule. Mirabito Energy Products Re-Development 301 Pine Tree Road, Ithaca, NY 14850 Preliminary Project Schedule ID Task Name Duration Start Finish 1 Town Approvals 180 days 01/2023 06/2023 2 Construction Documents 90 days 06/2023 09/2023 3 Bid/Contract Award 20 days 09/2023 10/2023 4 Mobilization 1 day 10/2023 10/2023 5 Site Work 30 days 10/2023 11/2023 6 Foundation/Utilities 30 days 11/2023 12/2023 7 Bldg Shell/Exterior Finishes 90 days 01/2024 04/2024 8 Fine Grading/Paving 5 days 05/2024 05/2024 9 Landscaping/Site Amenities 5 days 05/2024 05/2024 10 Substantial Completion 1 day 05/2024 05/2024 11 Certificate of Occupancy/Inspection 1 day 05/2024 05/2024 12 Final Completion 1 day 06/2024 06/2024 EVEVEVEVPROJECT NO. DATE SCALE SHEET MATTHEW R. NAPIERALA, P.E. NYS REGISTRATION # 068733 PLAN SEAL BY: PREPARED BY: COPYRIGHT C 2022 NO.REVISION/ISSUE SHEET TITLE: DATE PREPARED FOR: PROJECT TITLE: 110 FAYETTE STREET MANLIUS, NEW YORK 13104 email: MNAP@NAPCON.COM PH: (315) 682-5580 FAX: (315) 682-5544 N A P I E R A L A C O N S U L T I N G PROFESSIONAL ENGINEER, P.C. SITE DESIGN ENGINEERING IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, PROFESSIONAL ENGINEER, LANDSCAPE ARCHITECT, OR LAND SURVEYOR TO ALTER ANY ITEM ON THIS DOCUMENT IN ANY WAY. ANY LICENSEE WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND SPECIFIC DESCRIPTION OF THE ALTERATIONS. NAPIERALA CONSULTING PROFESSIONAL ENGINEER, PC MIRABITO ENERGY TOWN OF ITHACA TOMPKINS COUNTY, NY MIRABITO ENERGY PRODUCTS THE METRO CENTER - 49 COURT STREET P.O. BOX 5306 BINGHAMTON, NY 13902 CONCEPTUAL LAYOUT PLAN 20-1890 3 NOV 2022 1" = 30' SK-19 PRELIM INARYFOR CONCEPT REV IEW ONLY PROJECT NO. DATE SCALE SHEET MATTHEW R. NAPIERALA, P.E. NYS REGISTRATION # 068733 PLAN SEAL BY: PREPARED BY: COPYRIGHT C 2022 NO.REVISION/ISSUE SHEET TITLE: DATE PREPARED FOR: PROJECT TITLE: 110 FAYETTE STREET MANLIUS, NEW YORK 13104 email: MNAP@NAPCON.COM PH: (315) 682-5580 FAX: (315) 682-5544 N A P I E R A L A C O N S U L T I N G PROFESSIONAL ENGINEER, P.C. SITE DESIGN ENGINEERING IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, PROFESSIONAL ENGINEER, LANDSCAPE ARCHITECT, OR LAND SURVEYOR TO ALTER ANY ITEM ON THIS DOCUMENT IN ANY WAY. ANY LICENSEE WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND SPECIFIC DESCRIPTION OF THE ALTERATIONS. NAPIERALA CONSULTING PROFESSIONAL ENGINEER, PC MIRABITO ENERGY TOWN OF ITHACA TOMPKINS COUNTY, NY MIRABITO ENERGY PRODUCTS THE METRO CENTER - 49 COURT STREET P.O. BOX 5306 BINGHAMTON, NY 13902 SUBDIVISION SKETCH PLAN 20-1890 23 NOV 2022 1" = 30' SD-1 PRELIM INARYFOR CONCEPT REV IEW ONLY