HomeMy WebLinkAboutPB Minutes 2023-07-18 TOWN OF ITHACA PLANNING BOARD
Shirley A. Raffensperger Board Room, Town Hall
215 North Tioga Street
Ithaca,New York 14850
Tuesday,July 18,2023 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 five and provide comments in-person or through Zoom at
https://us06web.zoom.us/i/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/UCC9vycXkJ6klVlibihCy7NQ/live).
AGENDA
1. Persons to be heard.
2. SEQR Determination: Special Permit— 130 Forest Home Drive
3. PUBLIC HEARING: The proposal is the consideration of a Special Permit for a Professional office(real estate
and property management) located at 130 Forest Home Drive. The Town Board recently rezoned this property
by superimposing a Limited Historic Commercial Overlay District over the base Medium Density Residential
Zone,which allows the Professional office use following Special Permit approval by the Planning Board. This is
an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review.
Lirong(Vicky)Wu, Owner/Applicant; Noah Demarest, STREAM Collaborative,Agent.
4. SEQR Determination: Mirabito Redevelopment Project—301 Pine Tree Road
5. PUBLIC HEARING: Consideration of Preliminary Site Plan, Special Permit, and Preliminary Subdivision
approval for the proposed Mirabito Convenience store with gasoline sales, including fuel canopy and Car wash,
located at 301 Pine Tree Road. The project involves demolishing the existing building and re-developing the site
with a new 6,600+/- square foot Mirabito Convenience store with gasoline sales, including fuel canopy and Car
wash, 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.
6. Approval of Minutes:
7. Other Business.
8. 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(tr),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.ithaea.ny.us/meeting-calendar-agendas/under the calendar meeting date.
TOWN OF ITHACA
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DEPARTMENT OF PLANNING
215 N.Tioga St 14850
607.273.1747
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AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION
STATE OF NEW YORK ) SS.:
COUNTY OF TO PINS )
1, Abby Homer, Administrative Assistant for the Town of Ithaca being;duly sworn, depose and say, that
deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga
Street, Ithaca, New York.
That on the 10th day of July 2023, deponent served the within Notice upon the property owners within
00 ft. of the properties and projects identified below for:
The proposal is the consideration of a Special Permit for a Professional office(real estate and property management)
located at 130 Forest Home Drive.The Town Board recently rezoned this property by superimposing a Limited Historic
Commercial Overlay District over the base Medium Density Residential Zone,which allows the Professional office use
following Special Pen-nit approval by the Planning Board. This is an Unlisted Action under the State Environmental
Quality Review Act and is subject to envirorunental review. Lirong (Vicky) Wu, Owner'Applicant; Noah Demarest,
STREAM Collaborative,Agent.
Consideration of Preliminary Site Plan,Special.Permit,and Preliminary Subdivision approval for the proposed Mirabito
Convenience store with gasoline sales,including fuel canopy and Car wash,located at 301 Pine Tree Road.The project
involves demolishing the existing building and re-developing the site with a new 6,600+/- square foot Mirabito
Convenience stare with gasoline sales,including fuel canopy and Car wash,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.
y depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care
and custody of the United. States Post Office Department within the State of New York, and that the attached
notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on July 10, 2023, and the
notice has been duly published in the official newspaper, Ithaca Journal on July 12, 2023.
&�A 1� i
—by�
Abby Horner,9dministrative Assistant
Sworn to before me on , 2023.
Notary Public � -- -
ASHLEYC LET
Notary Public,State of New York
No,01 C06419580
Qualified in Tompkins County
Commission Expires July 1 ,205
ithaca l
Public Notice
Originally published at ithacajournal.com on 07/12/2023
TOWN OF ITHACA PLANN1114G BOARD PUBLIC HEARING NOTICE The Planning Board will hold public hearings on
'Tuesday,July 18, 2023, starting at 7:00 RM, on the following matters: The proposal is the consideration of a Special
Permit for a Professional office(real estate and property management) located at 130 Forest Home Drive.The Town
Board recently rezoned this property by superimposing a Limited Historic Commercial Overlay District over the base
Medium Density Residential Zone, which allows the Professional office use following Special Permit approval by the
Planning Board. 'This is an Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Lirong (Vicky)Wu, Owner/Applicant; Noah Demarest, STREAM Collaborative,Agent.
Consideration of Preliminary Site Plan, Special Permit, and Preliminary Subdivision approval for the proposed Mirabito
Convenience store with gasoline sales, including fuel canopy and Car wash, located at 301 Pine Tree Road.The project
involves demolishing the existing building and re-developing the site with a new 6,600+/-square foot Mirabito
Convenience store with gasoline sales, including fuel canopy and Car wash, 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. 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
l-�ttl)s://usO6web.zoom.uslj/83643764382. If the public would like to attend the meeting for viewing purposes only, it is
recommended to watch the livestrearn video on YouTube
(http&/1www.youtube com/channel/UCC9vycXkJ6klVlibjhCy7NQ/Iive), Any person wishing to address the board will be
heard. In addition, comments can be sent via email to townclerk@townJthaca.ny.us tip 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 7/12123
TOWN OF ITHACA
Notice of Planning Board Action Near You
You are receiving this notice because you own or live on a property within 500'feet of the proposed action.
This is an effort to inform you and give you an opportunity to learn more and comment if you would like.
TOWN OF IT PLANNING BOARD
PUBLIC HEARING NOTICE
The Planning Board will hold a public hearing on Tuesday,July 18,2023,at 7:00 P.M.on the following matter:
Consideration of Preliminary Site Plan, Special Permit, and Preliminary Subdivision approval for the proposed Mirabito,
Convenience store with gasoline sales, including fuel canopy and Car wash, located at 301 Pine Tree Road. The project
involves demolishing the existing building and re-developing the site with a new 6,600+/-square foot Mirabito Convenience
store with gasoline sales,including fuel canopy and Car wash, 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 rett Hughes,Applicant/Agent,
Members of the public are welcome to attend in-person at Town all or virtually via Zoom. The public will have an
opportunity to see and hear the meeting live and provide con cents in-person or through Zoom at
hqpi-,'/usO6web.zooin.us,�l�,'83643764382. Any person wishing to address the board will be heard.
If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestrearn
video on YouTube(Wtp5://www,.y qp9m,/chwinel/U C vycXkJ6klVIi h lid Q!jivq)l,
In addition, comments can be sent via email to townclerk,(ej:,�town.ithaca,ny,.qs up to the end of business the day of
the meeting and all comments will be forwarded tote board. Additional information is available at
towrl.ithac .ny.p .
_y.
C.J. Randall, Director of Planning
Accessing Meeting Materials Online
Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's
website at.hUR_S_.&w. .... s/ as under the calendar meeting date.
Full meeting agenda is on reverse side
1
TOWN OF ITHACA
NEW YORK
Notice of Planning Board Action Near You
You are receiving this notice because you own or live on a property within 500'feet of the proposed action.
This is an effort to inform you and give you an opportunity to learn more and comment if you would like.
TOWN OF ITHACA PLANNING BOARD
PUBLIC HEARING NOTICE
The Planning Board will hold a public hearing on Tuesday,July 18,2023,at 7:00 P.M.on the following matter:
Consideration of a Special Permit for a Professional office(real estate and property management) located at 130 Forest
Home Drive.The Town Board recently rezoned this property by superimposing a Limited Historic Conunercial Overlay
District over the base Medium Density Residential Zone, which allows the Professional office use following Special
Permit approval by the Planning Board.This is an Unlisted Action under the State Environmental Quality Review Act and
is subject to environmental review, Lirong(Vicky) Wu, OwnerlApplicant; Noah Demarest, STREAM Collaborative,
Agent.
Members oft e 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
Q63yqb,�99m,ps/j/81643764382, Any person wishing to address the board will be heard.
If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestrearn
video o ouTube(hqs�f clptube.corn/channeliLICC9 cXkJ6klVIib y
In addition, comments can be sent via email to townclq!kJ4AqAfl,.ithacaqy,q� 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
w..w..w
C.J. Randall, Director of Planning
Accessing Meeting Materials Online
Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's
website at bttps- a g!er�dar:fflLend;ks,, under the calendar meeting date.
,11www.town.ithac ,r
Full meeting agenda is on reverse side
I
TOWN OF ITHACA PLANNING BOARD
July 18, 2023
MINUTES
Present: Greg Lindquist, Chair: Members Ariel Casper, Cindy Kaufman, Caitlin Cameron, Liz
Bageant (Video), Bill Arms and Kelda McGurk and Fred Wilcox
CJ Randall, Director of Planning; Chris Balestra, Planner; Susan Brock, Attorney for the Town;
David O'Shea, Engineering and Paulette Rosa, Town Clerk
Item 1. Persons to be heard—None
Item 2. Special Permit for a Professional office (real estate and property management)
located at 130 Forest Home Drive. The Town Board recently rezoned this property by
superimposing a Limited Historic Commercial Overlay District over the base Medium
Density Residential Zone,which allows the Professional office use following Special Permit
approval by the Planning Board. This is an Unlisted Action under the State Environmental
Quality Review Act and is subject to environmental review. Lirong (Vicky) Wu,
Owner/Applicant; Noah Demarest, STREAM Collaborative,Agent.
Mr. Demarest said they just worked with the Town Board to establish the Limited Historic
Overlay District and are now looking to get a Special Use Permit from this Board.
Working with Ms. Wu and the Town, we have developed an assessment of the current
conditions, a preservation plan and a maintenance plan. The packet of information submitted is
very detailed and as the use is not really changing, he was available to answer any questions
from the Board.
SEQR Determination
Mr. Wilcox asked how the use was going to change from yesterday to tomorrow if this is
approved.
Mr. Demarest responded that it is not a noticeable change as Cornell used to use it as office
space with rental units above and Ms. Wu will also have those uses, but Cornell listed it as an
"educational use", and this will not be.
PB Resolution 2023-022: SEQR Special Permit
130 Forest Home Drive—Professional Office
Tax Parcel 66.4-6
Whereas:
PB 2023-07-18 (Filed 8/22) Pg. 1
1. This action is the consideration of a Special Permit for a Professional office (real estate and
property management) located at 130 Forest Home Drive. The Town Board recently rezoned
this property by superimposing a Limited Historic Commercial Overlay District over the base
Medium Density Residential Zone, which allows the Professional office use following
Special Permit approval by the Planning Board. Lirong (Vicky) Wu, Owner/Applicant; Noah
Demarest, STREAM Collaborative, Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in
the environmental review with respect to Special Permit, and
3. The Planning Board, on July 18, 2023, has reviewed and accepted as adequate a Short
Environmental Assessment Form (EAF) Part 1, submitted by the applicant, Parts 2 and 3
prepared by Town Planning staff, a report titled "130 Forest Home Drive, Request For A
Limited Historic Commercial Zone Designation, Town of Ithaca,NY" dated 2023.04.11,
prepared by STREAM Collaborative, and other application materials; and
4. The Town Planning staff has recommended a negative determination of environmental
significance with respect to the proposed 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 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, a Draft Environmental Impact Statement will not be
required.
Moved: Fred Wilcox Seconded: Cindy Kaufman
Vote: ayes—Wilcox, Kaufman, Casper, Bageant, Lindquist, Arms and Cameron
Public Hearing
Mary Gardner spoke, saying that she and her family have lived at 11 The Byway, which abuts
the parking lot of this property, for the last 6 years. She said they are following this closely
because there is no setback between her house and the parking lot due to the historic nature of
both properties and although she had no issue with Ms. Wu's use, she had questions about
whether any use permit granted would follow the property if it was sold. She said the property
was sold as a single-family residence and she was surprised there were apartments existing and
in use.
Ms. Gardner was concerned about the parking situation that has arisen in the neighborhood since
Cornell sold the building as they had their employees park in Cornell lots and not at this property
and on nights and weekends,people in the neighborhood were permitted to park in the parking
PB 2023-07-18 (Filed 8/22) Pg. 2
lot of the property. There is also no bus service in the neighborhood and the new owners have
not allowed parking in the lot and the Town has restricted parking on The Byway.
This is significant because there is not parking and if the building were to be used as described,
there are not enough parking spaces to accommodate the use and the only way to park is on The
Byway and this is currently causing problems, adding that there is a rental on Forest Home Dr.
where tenants are continually parking on The Byway even though they have been asked not to.
Mr. Lindquist responded that the special permit is specific to the use, not the person, and would
transfer at a time of sale to permit "professional office" as listed in the legislation.
Seth Bensel spoke, saying that he has lived at 6 The Byway for the past 30 years and there have
never been any issues with Cornel's use of the parking and apartments and he is not concerned
with what Ms. Wu is requesting. The Byway residences were all used as office space and
apartments for decades by Cornell and everyone at some point bought them from Cornell.
Ms. Bensel added that Ms. Gardner, who just spoke, has applied for a rental permit for her
accessory dwelling unit and a parking waiver, so that is a bit odd, but he supports Ms. Wu's
project and request for a special permit.
Ms. Sanders spoke, saying that she strongly supports Ms. Wu's plan for the property and the
parking issues are not from her property, but other people parking on The Byway.
Elizabeth Sanders spoke, 11 The Byway, saying that she strongly supported Ms. Wu's use of
the property and believes there will not be any issues. She felt the current parking issues were
due to Ms. Gardner's use of multiple parking spots on the street, making it difficult to get
through, but Ms. Wu has her own parking lot.
Mr. Lindquist closed the public hearing and turned to the Board.
Discussion
Mr. Wilcox asked if there had been any complaints about the number of people occupying that
property at this time.
Mr. Moseley responded that he is not aware that there are renters currently as the use hasn't been
granted yet.
Mr. Wilcox asked about parking on The Byway, which is a private road, which would mean to
him that the private residence owners would be responsible for enforcing any restrictions on
parking there or have any trespassers removed.
Mr. Moseley responded that The Byway was awarded a variance to reduce the fire lane to 12"
wide.
PB 2023-07-18 (Filed 8/22) Pg. 3
Mr. Arms asked who wrote the "Suggestions for the Owner" in the submitted materials and
whether that was an official part of the application packet or just random recommendations from
a preservationist.
Mr. Demarest responded that it was a product of discussions with the town board and with Mr.
Moseley and teasing out things that would be considered requirements to be done versus things
that were more guidelines or recommendations during the rezoning process and it was cleaner to
list them out as such and the list you are looking at is a list of suggestions.
Mr. Arms added that it should be clear that this is a zoning action, not a preservation action.
Ms. Cameron asked if there were any parking restrictions or requirements associated with this
use and action, and if so, what are they.
Mr. Demarest responded that he thought it was one per unit or 2 per 3 units.
Discussion followed with Ms. Balestra saying the use and intensity of the use was not changing
significantly and has been in place for many years and therefore Staff did not look at that detail.
Mr. Moseley reiterated that The Byway is a private road.
PB Resolution 2023-023: Special Permit
130 Forest Home Drive—Professional Office
Tax Parcel 66.4-6
Whereas:
1. This action is consideration of a Special Permit for a Professional office (real estate and
property management)located at 130 Forest Home Drive. The Town Board recently rezoned this
property by superimposing a Limited Historic Commercial Overlay District over the base Medium
Density Residential Zone,which allows the Professional office use following Special Permit approval
by the Planning Board. Lirong(Vicky)Wu, Owner/Applicant;Noah Demarest, STREAM
Collaborative,Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead
agency in the environmental review with respect to the project,has, on July 18, 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 Town Planning staff, and
3. The Planning Board, at a Public Hearing held on July 18, 2023, has reviewed, and accepted
as adequate a report titled "130 Forest Home Drive, Request For A Limited Historic
Commercial Zone Designation, Town of Ithaca, NY" dated 2023.04.11,prepared by
STREAM Collaborative, along with other application materials; now, therefore be it
Resolved:
PB 2023-07-18 (Filed 8/22) Pg. 4
That the Planning Board hereby finds that the Special Permit standards of Article XXIV Section 270-
200, Subsections A—H, of the Town of Ithaca Code,have been met, specifically that:
A. The project will be suitable for the property on which it is proposed, considering the
property's size,location, and physical site characteristics.
• The property is small for the proposed project,but the professional office use is one of many
similar uses that have existed on this property since 1915 without complaint or negative
impact. The only change, other than to improve the physical appearance of the site,is to
reduce the number of offices in the building. This will reduce the parking needs,which will
reduce the potential for traffic and parking impacts.
B. The proposed structure design and site layout are compatible with the surrounding area.
• There are no proposed new structures and no changes to the site layout, other than physical
improvements to the exterior of the historic building that are compatible with its historic
designation and that of the surrounding area.
C. Operations in connection with the proposed use do not create any more noise,fumes,
vibration,illumination, or other potential nuisances than the operation of any permitted use in
the particular zone.
• The professional office use will not change and will not cause noise, fumes,vibration,
illumination, or other nuisances. There are no evening operations associated with the office;
and the apartment/residential use of the remaining building will have the same impacts as
the surrounding residential uses.
D. Community infrastructure and services, such as police,fire and other protective services,
roadways, schools, and water and sewer facilities are currently, or will be, of adequate
capacity to accommodate the proposed use.
• There are no changes to existing infrastructure and services. All infrastructure to
accommodate the use is in place and is of adequate capacity.
E. The proposed use, structure design, and site layout will comply with all the provisions of the
Town Code and with the Town of Ithaca Comprehensive Plan.
F. The site layout,with proposed vehicular,bicycle and pedestrian access,traffic circulation,
and parking and loading facilities,is sufficient for the proposed use and is safely designed for
emergency vehicles.
• There are no proposed changes to the existing site layout. All existing vehicular,bicycle,
and pedestrian areas will remain unchanged.
G. The project includes sufficient landscaping and/or other forms of buffering to protect
surrounding land uses. Existing vegetation is preserved to the extent possible.
• There are no changes to existing vegetation and no room on the site to add landscaping.
H. To the extent deemed relevant by the Planning Board,the proposed use or structure complies
with all the criteria applicable to site plan review set forth in Chapter 270, Zoning.
• Site Plan approval is not required with Special Permit for the proposed use in the Limited
Historic Commercial Overlay District. This criterion is not applicable to the project.
Moved: Fred Wilcox Seconded: Ariel Casper
Vote: ayes—Wilcox, Kaufman, Casper, Bageant, Lindquist, Arms and Cameron
PB 2023-07-18 (Filed 8/22) Pg. 5
Item 4. Consideration of Preliminary Site Plan, Special Permit, and Preliminary
Subdivision approval for the proposed Mirabito Convenience store with gasoline sales,
including fuel canopy and Car wash,located at 301 Pine Tree Road. The project involves
demolishing the existing building and re-developing the site with a new 6,600+/- square foot
Mirabito Convenience store with gasoline sales, including fuel canopy and Car wash, 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.
Mr. Ballantyne noted the project members at the meeting or on zoom.
Justin Blomquist Brett Hughs, Mirabito; Jeremy, Cornell
Mr. Ballantyne went through the presentation slides, depicting the existing property and the
current plan for expansion of the Mirabito service station.
This includes a subdivision piece, with one parcel remaining with Cornell and the remaining two
parcels under this project.
The existing Mirabito and Burger King will be consolidated into one structure; expanded fuel
pumps, an electric charging station and a single bay car wash.
The parcel zoning delineation line is important because one side has a gas station permitted and
the other side does not, which played a large part in the layout of the site.
Mr. Ballantyne went through the stormwater pollution and prevention plans and ended with a
rendering of the site.
Discussion
Mr. Arms asked about the difference between the plans submitted and the rendering being
shown.
Mr. Ballantyne stated the rendering was for graphic presentation only, the plans submitted are for
the site layout under review. The rendering is not colored properly, for example, the stormwater
retention will not be blue/water, it will run dry.
Mr. Arms asked about the parking areas also, and Mr. Ballantyne again stated that the rendering
is not accurate to the current plan as it has morphed through the process and just to give an idea
about the buildings.
Mr. Wilcox stated that the buildings are not the same as depicted in the drawings submitted
either.
PB 2023-07-18 (Filed 8/22) Pg. 6
Mr. Ballantyne responded that the rendering is to show the footprint and follows the site plan as
submitted.
Mr. Wilcox started with the signage, saying that sign has to go.
Mr. Ballantyne responded that the development team will be working on that.
Ms. Balestra stated that the sign law was revised to have Staff and Code Enforcement review
signs under particular design criteria and the signage could be removed to not distract from the
review of the building siting.
Ms. Kaufman stated she had quite a few issues with the architectural design of the buildings,
noting that during sketch plan, it was noted that this is the "gateway" to Cornell and was meant
to be an inviting and pleasing area.
She went through the materials used and the fake windows, and the back of the building, which
is the first thing you see when coming from the east is the back of the building and drive through.
Mr. Ballantyne said he will take notes for the team architect, who said he has vetted these
renderings with Cornell, but he was not involved in those discussions.
Ms. Kaufman was concerned about roof-top machinery and Mr. Ballantyne said he thought that
was the purpose of the varying heights of the rendered roof tops.
Ms. Kaufman responded that she would like to see accurate elevations and details on HVAC and
other equipment.
She was also concerned about the parking and ingress/egress lanes and cuts; but reiterated that
her biggest concern was the road-side view and the boxiness of the architect and mix of
materials.
Mr. Lindquist stated that he agreed with the concerns about the stacking for the drive through
and the way that they exit, directly into the center of a two-row parking area where children
could be coming and going from the restaurant.
Ms. Bageant said that this is not what she pictured as a"gateway to Cornell." The point about
the back of the building, which is actually the front of the building that everyone will see needs
attention to it.
She had questions about the planting plan and the sidewalk and although she understands the
rendering of the building was for size, but, other aspects of the rendering do not match the site
plan submission, which is very confusing for people who are not used to reading plans.
Ms. Bageant said she thought there should be as many plantings as possible and an inviting space
for pedestrians and that should be laid out very carefully.
PB 2023-07-18 (Filed 8/22) Pg. 7
She shares the concerns about the parking and the drive through as well.
Mr. Wilcox stated that he was particularly unhappy that it was decided that the most important
constraint is the existing zoning demarcation. That has really hamstrung you in terms of your
design, and the mess near the drive through is an accident waiting to happen and a real problem.
You have gone to such and extent to avoid any sort of change in the zoning or approvals from
the Planning Board for waivers from parking and it needs to be redesigned.
He asked where the fuel tankers will access the site to deliver fuel.
Mr. Ballantyne showed where that would happen. They are on the passenger side and they have
access through Pine Tree Road and a counter-clockwise turn back on to Ellis Hollow Rd with no
need to back up.
Mr. Wilcox asked if the turn radius' has been discussed or cleared with the Fire Department.
Mr. Ballantyne stated that they had not,but had measured out trucks, one of which is the fueling
tanker, that are bigger than anything the Fire Department has.
Mr. Wilcox suggested a condition should be added to require an official comment from the Fire
Chief.
He turned to the carwash and asked about the small building to the south of it.
Mr. Ballantyne responded that the transformer for the electric charging spots used to be very
large and that is a place holder for that, although we do not know what the size needed will be as
of yet.
Mr. Wilcox asked if they will be offering diesel or kerosine.
Mr. Ballantyne responded that they will offer diesel at one or two of the dispensers.
Mr. Wilcox said we have heard about an outdoor dining area, and that does not bother him.
Access from the site to the East Hill Plaza, which seems to be just to the right of the car wash; is
that going to be the only access? The existing access will be removed? (yes) He explained that
that access was one of the reasons he voted against the existing Burger King.
Mr. Wilcox stated that he doesn't understand the proposed subdivision line as it has an odd jog
around the building.
Mr. Ballantyne responded that the building has to stay within the Mirabito leased park because
for us to demo that building, it has to be on our property....
PB 2023-07-18 (Filed 8/22) Pg. 8
Jeremy Thomas from Cornell Real Estate came to the front and explained that it is just an easier
transaction and the need to run through the access road is to ensure whatever is built in the future
on the remaining Cornell parcel has access to that through road and entrance to that parcel.
Mr. Wilcox said, in summary, the biggest need is to redesign the area coming out of the drive-
through and into the parking area, because, as stated, that is an accident waiting to happen.
Ms. Kaufman added that it would be nice to add some picnic areas for the community that is
nearby, especially the senior housing.
Mr. Arms spoke again, saying that Cornell had some very appealing plans for this area in its
Comprehensive Plan with mixed use and walkability and residential; very similar to the Town's
Comprehensive Plan, and he asked if that was completely dead. There is no walking access
between the Plaza and this site. This looks like one development that doesn't take into account
any future developments in the area.
Mr. Thomas responded that"gateway" is an unfortunate word, and that that probably came from
us, so it isn't a criticism of its use,but I think it implies something different than what the
University's vision of this is. We don't see this as a gateway to the University. That was an effort
to acknowledge that a whole lot of people coming to the University to drive through here and to
acknowledge the importance of the visual of this building as you come in on those various roads.
This is not the kind of gateway treatment you might see someplace else that's actually closer to
campus. We have known for a long time that the visual appeal will be very important and we
want to improve it,but, the site is very dated and needs to be improved.
Part of that discussion was one of putting the building on the depicted side of the pump so that
when you come up these roads, you're not seeing gas pumps,but seeing a built structure and a
mixed use. How this looks on the backside and landscaped is critically important.
Mr. Thomas said Cornell has not officially approved these designs, yet we see design as an
interactive process and wanted the feedback that you are giving tonight and we will continue
discussions with the Mirabito design team to incorporate the feedback we have heard.
He added that this site has been under discussion for maybe decades before, and most recently,
there was in intense charrette process with a lot of very good ideas. There are multiple parcels
here, and they can be developed as housing or other commercial uses in the future,but, right
now, the financial environment we are in right now does not support that type of full-scale
redevelopment, but rather a piecemeal approach. We do want to make sure that this piece of the
development will integrate in the future with other developments on the site.
We have made investments in the Plaza itself, spending over$3m to replace the roof and a lot of
our plans rely on people returning to in-person work as the vitality of the plaza relies on a
workforce working and shopping there. There is a need for more fuel pumps in this area.
PB 2023-07-18 (Filed 8/22) Pg. 9
Ms. Bageant asked about the access point to the Plaza which looks like it will become
problematic at peak times.
Ms. Balestra stated that the plans submitted show that the way into the car wash are on the other
side.
Ms. Bageant said she had no concerns then, and she was happy to hear an update on Cornell's
plan, but it doesn't seem to fit the vision and she would really like to have Cornell work toward
the vision better here.
Mr. Wilcox stated that he didn't feel that the Board could act on this tonight given the number of
comments and the need to redesign and submit revised plans. He added that we should give the
public an opportunity to talk as well, so the developers hear their concerns.
Discussion followed between Staff and Members, and it was determined that new plans would be
needed to move forward on an action.
Mr. Arms added that he felt the applicants should really take another look at the subdivision lines
to remove some of the constraints they are working under. It is not the concept that is being
discouraged, that has been part of the vision for decades, it is the details as presented.
Mr. Lindquist asked if changing the subdivision would alleviate a lot of the issues.
Mr. Ballantyne responded that the zone change process is a lengthy process and there is no
guarantee and when discussions began, the snowball started rolling toward this iteration. A lot
of money has already been invested by Mirabito, and a recommendation from the Planning
Board to the Town Board would go a long way toward being more comfortable with looking at
going the other route of a zoning change through the Town Board.
He added that they also had to look at parking spaces required and with a zoning change or
planned development zone, there might be options there. That said, he didn't believe anything
stated tonight is a deal breaker, we just have to go back and integrate those comments.
Mr. Ballantyne said he can not make that call, but the discussion will be had.
Mr. Casper asked if he understood correctly that Cornell has not approved of the architectural
designs yet?
Mr. Ballantyne responded that they have had discussions with them, but they felt that it would be
best to get comments from this Board before getting final approval and bringing it to them.
Mr. Wilcox reminded the applicants that this is a preliminary approval, not a sketch plan or an
appearance to get comments from this Board.
Mr. Casper said he would not be comfortable voting on this if Cornell did not approve the design
being presented.
PB 2023-07-18 (Filed 8/22) Pg. 10
Mr. Wilcox noted that the Planning Board cannot take into consideration the fact that there is
another car wash close by, nor that the P&C Fresh could be impacted by an expanded Mirabito
and read from a court opinion emphasizing that municipal boards cannot deny a development
solely upon the anticipation that it would adversely affect existing retail markets.
Mr. Wilcox asked if the length of the Engineering Memo was an indication of anything and Mr.
O'Shea responded that because a lot of it will be underground, it requires more detailed review
and that is all.
Mr. Moseley added that the Town has jurisdiction over fire protection access, and he will need
details on any canopy over the pumps and some details on that and any fencing and finally,
additional measurements on the buildings.
Ms. Randall summarized the information being requested for the applicants, many of which are
in the draft resolution they can refer to,but also, maybe examples of the materials being used and
color choices and cut sheets on all mechanicals and detailed landscaping and soft scaping plans.
Ms. Kaufman moved tabling of the action until such time as the applicants submitted revised and
updated plans, seconded by Ms. Bageant, unanimous.
Mr. Lindquist then turned to the members of the public, and permitted them to comment, even
though this is not a public hearing. A public hearing will be held if and when a SEQR
determination is held and made.
Public Comment
Resident, spoke saying that she is familiar with the concept of a"highest and better use"when
land gets redeveloped to some other purpose, and this is not that. This is the same use packaged
in a pretty way. The only difference is the addition of EV charging stations. The renderings
look like any strip mall in America. There is nothing unique about this, and there is nothing
forward-moving in this.
She suggested that if it can not be denied under that premise, there are green-energy
improvements that could be required such as green roofs, building materials and carbon neutral
appliances and utilities. Landscaping and pollinator gardens; bioswale improvements that
address oils from the cars and permeable pavers.
It doesn't make sense to have a convenience store next to a super market; this does not add to the
community and there are better uses for the parcel.
Marilyn Dispensa, spoke, saying that she has lived in the neighborhood for 19 years and she is
not against the fast-food store or gas station,but she was also looking forward to the vision that
has been out there for years. There are a lot of people in Ellis Hollow and we don't have
anywhere to go to get take-out food, or have a drink, a bakery or a pizza place. She felt there
PB 2023-07-18 (Filed 8/22) Pg. 11
was a lot of money to be made with a better plan for this area and she hoped we could be more
creative and make that area an area where people want to go.
Doug Biancy spoke, saying that he lives a mile away and this not a gateway to our community
or neighborhood and this proposal belongs on an exit ramp or a 4-lane highway. It is an
inappropriate cornerstone. This project belongs on the other side near Walgreens instead of the
corner and he asked if that had been looked at.
He added that he owns the car wash nearby, and his first reaction was "go for it"but these type
of convenience store car washes give us a bad name. They are not maintained or managed well,
they don't have the training or knowledge about how they work, although he understood their
wish to get every profit they can from the site.
Mr. Biancy said there are other needed services in the area; an ice cream shop, a diner, anything.
Save half million on the single bay car wash and do something like that.
Barbara spoke via ZOOM, asking questions about questions in the chat function to which Mr.
Lindquist responded that they will not be addressed.
She asked about the blue areas on the plans and Mr. Wilcox and Mr. O'Shea explained the
retention ponds and how they work.
She asked about the lawsuit re. Walmart that was mentioned,but that was denied, so she was
confused how this can't be.
Mr. Wilcox and Ms. Brock explained that the Walmart was denied for other reasons, one of
which was the views from the trails in the NYS Parks.
Mr. Wilcox added, be careful what you wish for. We are a planning board. We are appointed
members of the public. We are not elected members. As a result, we don't have the discretion
that many people would like us to have. For example, we just can't look at and say, I don't like
having a Burger King in this location, therefore I'm going to vote against it. I can't do that. I'm a
planning board member, so that is not something that I can do. I'm bound by the laws and the
ordinances, either the Town's, State's or Federal and I must work within them, so it is important
you understand that.
There were no other public comments.
Approval of Minutes: There were changes to the August 16th regarding members
present/voting.
Motion to approve the three submitted draft minutes as changed by Mr. Lindquist, seconded by
Mr. Wilcox, unanimous with Ms. Bageant abstaining.
Other Business
PB 2023-07-18 (Filed 8/22) Pg. 12
Mr. Lindquist rioted that this is his tiraal mee;tirr arrei stated that it has been his pleasure to work
with everyone. plea wished everyone they heist and said there Avas a lcrt of talent here, both
members and staff:, and it has been a wonderful experience,
Ms. Randall added that >"v'lr. Wilcox has agreed to he Chair for the remainder of'the year, and mre
will need a Vice Chair, and anyone rrrterr steel in that position should speak to her or arts.
aleastraa.
Ms. Balerstr a stated that there is a full agenda for August 1 "' and they training with Guy Krogh
happens on August "
Meeting was adjOUmuel upon motion by Mr. Lindquist, seconded by Mr. WiICOX, Unanimous.
Submit ry
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PB 2023~07-1 (Filed /22) tr . t