HomeMy WebLinkAboutMN-PDB-2023-01-31DRAFT COPY — NOT YET APPROVED BY MEMBERS OF THE PLANNING &
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Planning and Development Board Minutes
January 31, 2023
Board Members
Attending:
Robert Lewis, Chair; Garrick Blalock, BPW Liaison; Mitch Glass;
Emily Petrina; Daniel Correa; Elisabete Godden
Board Members Absent:
None
Board Vacancies: One
Staff Attending: Lisa Nicholas, Director of Planning, Division of Planning and
Economic Development
Nikki Cerra, Environmental and Landscape Planner, Division of
Planning and Economic Development
Samuel Quinn-Jacobs, Assistant Planner, Division of Planning and
Economic Development
This meeting was held in Common Council Chambers, Third Floor, City Hall, and also conducted
remotely using videoconferencing technology, as authorized by Part WW of Chapter 56 of the
Laws of 2022 of New York State and Local Law 2022-05.
Chair Lewis called the meeting to order at 6:05 p.m.
1. Agenda Review – None
2. Approval of Minutes
August 23, 2022, September 27, 2022 and October 25, 2022 Minutes were approved.
3. Public Comment
Chair Lewis opened Privilege of the Floor.
Peter Bloom, Samantha Trumbo and Eric Sawyer each spoke to Board regarding their
recommendation to the Board of Zoning Appeals related to the Breeze Apartments
Staff read submitted written comments into the record.
Chair Lewis closed the Public Comment period.
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4. Board Responses to Public Comment
Chair Lewis responded to the public comments by outlining the City process for zoning variance
appeals.
The Board had no other response to public comment.
5. Special Permits
A. Fru Fru Hair Salon, 309 E. Lincoln St, by Rick Page. Lead Agency, Public Hearing, CEQR
Determination and Preliminary & Final Approval. The applicant is proposing to change
the hours of operation of a hair salon from 8am-5pm Monday through Friday to 8am-9pm
Sunday through Saturday. The project is in the R-2B Zoning District, in which
neighborhood commercial is allowed by special permit. This is an Unlisted Action under
the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State
Environmental Quality Review Act (“SEQRA”) §617.4 and is subject to environmental
review.
Applicants Attending: Rick Page, Robby Brown
The applicants gave an overview of the current restraint on hours of operation of the hair salon.
Rick Page stated that by expanding the hours of operation, the business owner would be able to
have a more accessible business to clients not available during the workday. Robby Brown
stated not all hours and days will be utilized, as the business operates by appointment only.
The Board had no questions for the applicant and was in favor of expanding .
Adopted Declaration of Lead Agency
On a motion by Godden, seconded by Glass:
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law, and Chapter
176.6 of the City Code, Environmental Quality Review, require that a lead agency be established
for conducting environmental review of projects, in accordance with local and state environmental
law, and
WHEREAS: State Law specifies that for actions governed by local environmental review, the lead
agency shall be that local agency which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
a Special Permit for a Neighborhood Commercial Use in an R-2B Zoning District at 309 E. Lincoln
Street by Rick Page, and
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WHEREAS: in accordance with City Code, §329-9 (B) (f), Standards for Special Conditions and
Special Permits- Applicability, a special use permit is required for “Neighborhood retail or service
commercial facilities in R-2, R-3, CR-2, CR-3, and CR-4 Districts”, and
WHEREAS: The applicant is proposing to change the hours of operation of a hair salon from 8am-
5pm Monday through Friday to 8am-9pm Sunday through Saturday, and
WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is
subject to environmental review, now, therefore be it,
RESOLVED: that the City of Ithaca Planning and Development Board, being that local agency
which has primary responsibility for approving and funding or carrying out the action, does, by
way of this resolution, declare itself Lead Agency in Environmental Review for the proposed
project.
Moved by: Godden
Seconded by: Glass
In favor: Godden, Glass, Petrina, Blalock, Lewis, Correa
Against: None
Abstain: None
Absent: None
Vacancies: One
Adopted Negative Declaration of Environmental Significance
On a motion by Petrina, seconded by Correa:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
a Special Permit for a Neighborhood Commercial Use in an R-2B Zoning District at 309 E. Lincoln
St. by Rick Page, and
WHEREAS: in accordance with City Code, §329-9 (B) (f), Standards for Special Conditions and
Special Permits- Applicability, a special use permit is required for “Neighborhood retail or service
commercial facilities in R-2, R-3, CR-2, CR-3, and CR-4 Districts”, and
WHEREAS: The applicant is proposing to change the hours of operation of a hair salon from 8am-
5pm Monday through Friday to 8am-9pm Sunday through Saturday, and
WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is
subject to environmental review, and
WHEREAS: that the City of Ithaca Planning and Development Board, being that local agency
which has primary responsibility for approving and funding or carrying out the action, did, on
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January 31, 2023, declare itself Lead Agency in Environmental Review for the proposed project,
and
WHEREAS: the Planning Board acting as Lead Agency did, on January 31, 2023, review and
accept as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant,
and Part 2, prepared by Planning staff, and other application materials prepared by the applicant,
now, therefore be it,
RESOLVED: that the City of Ithaca Planning and Development Board determines the proposed
project will result in no significant impact on the environment and a Negative Declaration for the
purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the
provisions of Part 617 of the State Environmental Quality Review Act.
Moved by: Petrina
Seconded by: Correa
In favor: Godden, Glass, Petrina, Blalock, Lewis, Correa
Against: None
Abstain: None
Absent: None
Vacancies: One
Public Hearing
On a motion by Petrina, seconded by Correa, and voted in favor unanimously Chair Lewis
opened the public hearing.
There being no members of the public appearing in order to speak, nor any additional written
comments submitted to be read into the record, Chair Lewis closed the Public Hearing on a
motion by Godden, seconded by Petrina, and voted in favor unanimously.
Adopted Declaration of Special Permit Approval
On a motion by Godden, seconded by Petrina:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
a Special Permit for a Neighborhood Commercial Use in an R-2B Zoning District at 309 E. Lincoln
St. by Rick Page, and
WHEREAS: in accordance with City Code, §329-9 (B) (f), Standards for Special Conditions and
Special Permits- Applicability, a special use permit is required for “Neighborhood retail or service
commercial facilities in R-2, R-3, CR-2, CR-3, and CR-4 Districts”, and
WHEREAS: The applicant is proposing to change the hours of operation of a hair salon from 8am-
5pm Monday through Friday to 8am-9pm Sunday through Saturday, and
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WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is
subject to environmental review, and
WHEREAS: that the City of Ithaca Planning and Development Board, being that local agency
which has primary responsibility for approving and funding or carrying out the action, did, on
January 31, 2023 declare itself Lead Agency in Environmental Review for the proposed project,
and
WHEREAS: the Planning Board acting as Lead Agency did, on January 31, 2023 review and
accept as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant,
and Part 2, prepared by Planning staff, and other application materials prepared by the applicant,
and
WHEREAS: that the Planning Board did, on January 31, 2023, determine that the proposed project
will result in no significant impact on the environment and issued a Negative Declaration of
Environmental significance, and
WHEREAS: the Board after reviewing all relevant material, does make the following findings of
fact in accordance with §325-9 of the City Code:
1. The location and size of the use, the size of the site in relation to it, and the location of the
site with respect to the existing or future streets giving access to it are such that the use will
be in harmony with the existing or intended character of the neighborhood and will not
discourage the appropriate development of adjacent land and buildings or impair the
enjoyment or value thereof due to the following:
2. Operations in connection with the use will not be more objectionable to nearby property
by reason of noise, fumes, increased vehicular traffic or parking demand, vibration, or
flashing lights that would be the operations of any use permitted without a special permit
due to the following:
3. The granting of a special permit may be conditioned on the effect the use would have on
traffic, congestion, environment, property values, municipal services, character of the
surrounding neighborhood, or the general plan for the development of the community, now,
therefore be it,
RESOLVED: that the subject application is APPROVED, subject to the following condition:
i. The special permit is granted based on the scale of the business described above
and in application materials. The City will review this approval should the owner
or operator request to expand the business or in the case of unresolved and proven
neighborhood impacts that are not addressed by the owner or operator in a timely
manner, and be it further
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RESOLVED: that in accordance with §325-9 of the City Code, the Director of Planning and
Development or their designee shall revoke any special permit issued hereunder should the
applicant or the applicant's tenant violate any provision of this chapter or any condition imposed
upon the issuance of the special permit by the Planning and Development Board.
Moved by: Godden
Seconded by: Petrina
In favor: Godden, Glass, Petrina, Blalock, Lewis, Correa
Against: None
Abstain: None
Absent: None
Vacancies: One
6. Site Plan Approval
A. Breeze Apartments, 121-125 Lake St., by Todd Fox. Preliminary Site Plan Approval. The
applicant proposes to build an 83,160 GSF, four story apartment building and associated
site improvements on the former Gun Hill Factory site. The 77-unit with approximately
109 beds, market-rate apartment building will be a mix of studios, one- and two-bedroom
units and includes 77 parking spaces (47 surface spaces and +/-30 covered spaces under
the building). Site improvements include stone dust walkways, bike racks, benches, a
bioretention filter to treat the parking areas and rooftop stormwater, native and adaptive
plant species, and meadow areas to restore edges of the site. The building will be
constructed on the east parcel of the Former Ithaca Gun Factory Site which is currently in
the New York State Brownfield Cleanup Program (BCP). Before site development can
occur, the applicant is required to remediate the site based on a soil cleanup objective for
restricted residential use. A remedial investigation (RI) was recently completed at the site
and was submitted to NYSDEC in April 2021. The project is in the R-3a Zoning District and
requires multiple variances. This is determined to be a Type I Action under the City of
Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 B(1) (h)[2], (k) and (n)
and the State Environmental Quality Review Act (“SEQRA”) §617-4 (b) (11) for which the
Planning Board, acting as Lead Agency, issued a Negative Declaration of Environmental
Significance on December 20, 2022.
Applicants Attending: Laura Mattos, Julia Bucher, Erik Reynolds
The applicants began their presentation by giving an overview of EIFS material and
construction. The applicant explained the details and reasoning for the requested zoning
variances associated with the development. The applicant also stated that they have satisfied
concerns from the City’s Fire and Engineering Departments.
Some Board Members expressed their opposition to the EIFS material. The Board agreed that a
metal siding would be a preferable exterior material. Petrina stated that by removing the EIFS
from the bottom floor, as well as other design choices to prevent discoloration, she is now
favorable of the EIFS material.
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The location of the HVAC equipment was discussed. Director Nicholas stated her opposition to
the placement of the HVAC equipment. Petrina stated that she believes the location of the
HVAC equipment may be the best spot as it is the least visible location.
Adopted Declaration of Preliminary Site Plan Approval
On a motion by Godden, seconded by Glass:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site
plan approval for construction of a four-story apartment building with 77 units/109 beds by Todd Fox,
121-125 Lake Street LLC, and
WHEREAS: the applicant proposes to build an 83,160 GSF, four story apartment building and
associated site improvements on the former Gun Hill Factory site. The 77-unit with approximately
109 beds, market-rate apartment building will be a mix of studios, one- and two-bedroom units and
includes 77 parking spaces (47 surface spaces and +/- 30 covered spaces under the building). Site
improvements include stone dust walkways, bike racks, benches, a bioretention filter to treat the
parking areas and rooftop stormwater, native and adaptive plant species, and meadow areas to restore
edges of the site. The building will be constructed on the east parcel of the Former Ithaca Gun Factory
Site which is currently in the New York State Brownfield Cleanup Program (BCP). Before site
development can occur, the applicant is required to remediate the site based on a soil cleanup objective
for restricted residential use. A remedial investigation (RI) was recently completed at the site and
was submitted to NYSDEC in April 2021. The project is in the R-3a Zoning District and requires
multiple variances, and
WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review
Ordinance (“CEQRO”) §176-4 B(1) (h)[2], (k) and (n) and the State Environmental Quality
Review Act (“SEQRA”) §617-4 (b) (11) and is subject to environmental review, and
WHEREAS: the NYS Department of Environmental Conservation, the Tompkins County
Department of Health, Common Council, the Tompkins County Industrial Development Agency,
and the Board of Zoning Appeals have been identified as potentially Involved Agencies in
Environmental Review, and
WHEREAS: the City of Ithaca Planning and Development Board, being the local agency which has
primary responsibility for approving and funding or carrying out the action, did on April 26, 2022
declare itself Lead Agency in Environmental Review for the project, and
WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on
December 20, 2022, review and accept as adequate: a Full Environmental Assessment Form
(FEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; Site
Survey L-100, Site Plan L-101, Layout Plan L-102, Landscape Plan L-401, Details L-500,
Overlook- Linework L-1, L-2, & L-3, Site Rendering L-600, Exterior Elevations A200,
Conceptual Rendering A 201 (2), Materials Board, Aerial Photos and Views (5), Site
Lighting/Photometric Plan, and Massing From Lake Street A 202 all prepared by SWBR and
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dated 12/14/22; Overlook- Aerial Image L-1 prepared by SWBR and dated 12/14/22; Utility Plan
C-101, Grading and Drainage Plan C-102 prepared by SWBR and T.G. Miller, P.C. and dated
12/14/22; Wayfinding and Safety Plan dated 11/22/22 prepared by SWBR; Excavation Plan
Eastern Parcel C-102A dated August 2022 and prepared by C & S Engineers, Inc.; and other
application materials, and
WHEREAS: interested parties have been given the opportunity to comment on the proposed
project, and any received comments have been considered, and
WHEREAS: legal notice was published and property posted in accordance with Chapters 276-6
B. (4) and 176-12 A. (2) (c) of the City of Ithaca Code, and
WHEREAS: the Planning and Development Board held the required public hearing beginning
on May 24, 2022, and
WHEREAS: the Planning Board did, on December 20, 2022 determined, as elaborated in the
FEAF Part 3, that the proposed project will result in no significant adverse impacts on the
environment and issued a Negative Declaration of Environmental Significance, and
WHEREAS: the Board of Zoning Appeals has not yet granted the required area variances,
however the Board has determined that due to the long review process and resolution of many site
plan issues during that process, that Preliminary approval is appropriate at this time subject to the
condition that the applicant receives the required variances, and
RESOLVED: the Planning Board does herby grant Preliminary Site Plan Approval to the project.
Such approval applies to the major elements of the site layout including building placement and
footprints, location and design of major routes of site circulation pertaining to emergency access,
personal, commercial and service vehicles, and pedestrians and bikes, grading and demolition, and
placement of major hardscape features such as walls, patios, stairways, etc. Preliminary approval
does not apply to the placement and arrangement of building façade features, building and
hardscape materials and colors, planting plans, lighting, signage, site furnishings and other site
details, and be it further
RESOLVED: that the Planning and Development Board does hereby grant Preliminary Site Plan
Approval subject to the following conditions:
The following conditions must be satisfied before Final Approval:
i. Documentation from Ithaca Fire Department emergency access issues have been satisfied
ii. This site plan approval does not preclude any other permit that is required by City Code,
such as sign permits, tree permits, street permits
iii. Acceptance of the SWPPP by the City Stormwater Management Officer
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iv. Final approval of streetscape, curb ramps, curb cut and sidewalks along Lake Street by the
City Engineering and Fire Departments
v. Execution of the Development Agreement with the City
vi. The ongoing maintenance, including inspection by a licensed engineer every five years,
and associated costs of the Bridge and Overlook located on City property in perpetuity by
the property owner. If the property owner fails to do so, the City will reserve the right to
inspect and maintain the bridge and overlook and bill the costs to property owner
vii. Issuance of the required area variances by the Board of Zoning Appeals
viii. Acceptance of all final Overlook Plans by the City Engineering Department, City Department
of Public Works, the City Planning Department, and the Planning Board
ix. Submission to the Planning Board for review and approval of all site details including but not
limited to exterior furnishings, walls, railings, bollards, paving, signage, interpretive signage,
lighting showing dark sky compliance), etc.
x. Plans, drawings and/or visualizations showing all proposed exterior mechanicals and
associated equipment including heat pumps, ventilation, etc., including appropriate
screening if necessary
xi. Any changes to the approved project must be submitted to Planning Staff for review and
may require Board approval
xii. Noise producing construction activities will be limited to the hours between 7:30 A.M. and
5:30 P.M., Monday through Friday (or Saturday 9:00 A.M. to 5:30 P.M. with advance
notification to and approval by the Director of Planning and Development)
xiii. Documentation from Ithaca Fire Department emergency access issues have been satisfied
xiv. This site plan approval does not preclude any other permit that is required by City Code,
such as sign permits, tree permits, street permits
xv. Submission of executed easement or other legal agreements, including maintenance of
public walkway
xvi. Installation of bike racks and/or bike storage
xvii. Installation of any required or proposed sidewalk to the satisfaction of the City Sidewalk
Coordinator
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xviii. Repair, replacement or reconstruction of any City property damaged or removed during
construction including, but not limited to paving, sidewalk, curbing, trees or tree lawn,
signage, drainage structures, etc.
Moved by: Godden
Seconded by: Glass
In favor: Godden, Glass, Petrina, Blalock, Lewis, Correa
Against: None
Abstain: None
Absent: None
Vacancies: One
B. The Citizen, 602 W. Buffalo St., by Visum Development Group LLC. CEQR Determination.
The applicant proposes to demolish an existing 2-story restaurant building and a paved
parking lot to allow for the construction of a new 5-story apartment building
approximately 80,000 SF gross floor area. The building will contain 80 residential units, a
residential lobby, bike storage, 2,560 sq ft of retail, and a ground floor parking area with
29 parking spaces. The project is located in the WEDZ-1a zoning district and is expected
to not require any variances. This is a Type 1 Action under the City of Ithaca Environmental
Quality Review Ordinance §176-4 B.(1)(k), (l), and (n), and the State Environmental
Quality Review Act (“SEQRA”) §617.4 b. (11) and is subject to environmental review.
Applicants Attending: Laura Mattos, Julia Bucher, Steve Hugo, Adam Fischel
The applicant presented a rendering of the building with updated colors and designs that did not
render properly in the last presentation. The applicant explained the proposed foundation
method, highlighting how the Hydraulic Impact Hammer method is less impactful to neighboring
buildings than other foundation techniques. For the foundation work, the applicant will also
conduct vibration monitoring throughout the construction process. Updates to the traffic
circulation and driveway were also presented to the Board.
Glass asked the applicant to explore adding more public spaces, specifically the potential to
increase the sidewalk width.
Blalock agreed with Glass and recommended the applicant communicate with those involved
with the revitalization of route 13, to ensure continued pedestrian access. The Board reviewed
the FEAF III.
Adopted Negative Declaration of Environmental Significance
On a motion by Glass, seconded by Godden:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
site plan approval for constructing a 5-story apartment building by Visum Development Group,
LLC, and
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WHEREAS: the applicant proposes to demolish an existing 2-story restaurant building and a
paved parking lot to allow for the construction of a new 5-story apartment building approximately
80,000 SF gross floor area. The building will contain 80 residential units, a residential lobby, bike
storage, 2,560 sq ft of retail, and a ground floor parking area with 29 parking spaces. The project
is located in the WEDZ-1a zoning district and is expected to not require any variances, and
WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review
Ordinance §176-4 B.(1)(k), (l), and (n), and the State Environmental Quality Review Act
(“SEQRA”) §617.4 b. (11) and is subject to environmental review, and
WHEREAS: the NYS Department of Environmental Conservation, the Ithaca Area Economic
Development, and the Tompkins County Department of Health, all potentially involved agencies
in this action, have consented to the Planning Board acting as Lead Agency for this project, now,
therefore be it
WHEREAS: the City of Ithaca Planning and Development Board, being the local agency, which
has primary responsibility for approving and funding or carrying out the action, did on September
27, 2022 declare itself Lead Agency in Environmental Review for the project, and
WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on
January 31, 2022, review and accept as adequate: a Full Environmental Assessment Form
(FEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff;
Boundary & Topographic Map 602 W Buffalo Street City of Ithaca, Tompkins County, New
York State prepared by T.G. Miller, P.C. dated 12/22/21; Demolition Plan C-1.0, Site Plan C-
2.0, Marked-up Site Plan C-2.0, Grading, Drainage & Erosion Control Plan C-3.0, Utility Plan
C-4.0, Landscape Plan C-5.0, Detail Sheet C-6.0-6.3 (4), and Truck Turn Plan C-7.0 all prepared
by Holt Architects and Marathon Engineering and dated 01/16/23; Rendered Perspectives (2) and
Shadow Studies (3) submitted 12/13/22 and prepared by Holt Architects; Exterior Elevations
A201 & A202 prepared by Holt Architects and dated 8/14/22; ;and other application materials,
and
WHEREAS: interested parties have been given the opportunity to comment on the proposed
project, and any received comments have been considered, now, therefore, be it
RESOLVED: that the City Planning Board determined, as elaborated in the FEAF Part 3, that the
proposed project will result in no significant adverse impacts on the environment and a Negative
Declaration for purposes of Article 8 of the Environmental Conservation Law be issued in
accordance with the provisions of Part 617 of SEQRA.
Moved by: Glass
Seconded by: Godden
In favor: Godden, Glass, Blalock, Petrina, Correa, Lewis
Against: None
Abstain: None
Absent: None
Vacancies: One
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C. The William Apartments, 108-110 College Ave by 110 C-Town, LLC. Design Updates and
Preliminary & Final Site Plan Approval. The applicant proposes to demolish two existing
residential buildings (2.5 and 3-stories) on two separate parcels to allow for the
construction of a new 4-story apartment building with a total finished area of
approximately 24,400 SF on a consolidated lot. The building will contain 34 dwelling units
with a total of 54 beds and a gym located in the basement. The project is located in the
CR-4 zoning district and requires variances for rear yard setback and lot coverage. The
project is subject to Collegetown Design Guidelines. This is a Type 1 Action under the City
of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(k) and (l) and the State
Environmental Quality Review Act (“SEQRA”) §617.4 b. (11) and is subject to
environmental review.
Applicants Attending: Jason Demarest, Chris Petrillose
The applicant presented an updated design which now conforms with zoning and reduces the
number of dwelling units and beds. A landscaping plan was presented which included a larger
backyard, an increase in plantings, and the addition of guard rails. The applicant highlighted hoe
the updated design enlarged the sunken patios. The applicant presented renderings depicting
grading and landscaping changes, and a floor plan detailing the change in sizes of the
apartments.
The Board expressed overall support for the project and the recent changes. The Board agreed
the open courtyards and increased back yard were desirable changes.
Adopted Declaration of Preliminary & Final Site Plan Approval
On a motion by Godden, seconded by Petrina:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
site plan approval for constructing a new 4-story apartment building by 110 C-Town, LLC, and
WHEREAS: the applicant proposes to demolish two existing residential buildings (2.5 and 3-
stories) on two separate parcels to allow for the construction of a new 4-story apartment building
with a total finished area of approximately 22,000 SF on a consolidated lot. The building will
contain 29 dwelling units with a total of 44 beds and a gym located in the basement. The project
is located in the CR-4 zoning district and requires variances for rear yard setback and lot coverage.
The project is subject to Collegetown Design Guidelines, and
WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review
Ordinance §176-4 B.(1)(k) and (l) and the State Environmental Quality Review Act (“SEQRA”)
§617.4 b. (11) and is subject to environmental review, and
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WHEREAS: the NYS Department of Environmental Conservation, and the Tompkins County
Department of Health, have been identified as potentially Involved Agencies in Environmental
Review, and,
WHEREAS: the City of Ithaca Planning and Development Board, being the local agency which
has primary responsibility for approving and funding or carrying out the action, did on September
27, 2022, declare itself Lead Agency in Environmental Review for the project, and
WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on
December 20, 2022, review and accept as adequate: a Full Environmental Assessment Form
(FEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; Boundary
and & Topographic Map 108-110 College Avenue prepared by T.G. Miller, P.C and dated
03/11/22; Context Map prepared by Jason Demarest Architecture and dated 07/15/22; The William
Renderings (10) and TYP Patio Retaining Wall Detail both submitted and prepared by Jason
Demarest Architecture 11/22/22; Boring Location Plan 108-110 College Ave. Ithaca, NY prepared
by Elwyn & Palmer Engineers and Jason Demarest Architecture dated 09/22; Site Demo Plan
AC1.00 prepared by Jason Demarest Architecture, dated 10/05/22; Site Plan AC1.01, Grading &
Utility Plan AC1.02, Site Details AC4.00, Concept Plans CS1.01 all prepared by Jason Demarest
Architecture and dated 10/06/22; Concept Elevations CS2.01 prepared by Jason Demarest
Architecture and dated 07/15/22; Materials Board prepared by Jason Demarest Architecture and
dated 10/19/22; Landscape Plan AC1.0 and Site Section AC3.00 both prepared by Jason Demarest
and dated 12/14/22, and
WHEREAS: interested parties have been given the opportunity to comment on the proposed
project, and any received comments have been considered, and
WHEREAS: legal notice was published and property posted in accordance with Chapters 276-6
B. (4) and 176-12 A. (2) (c) of the City of Ithaca Code, and
WHEREAS: the Planning and Development Board held the required public hearing beginning on
September 27, 2023, and
WHEREAS: the Planning Board conducted Design Review for the Project on October 25, 2022
and found the project to be largely compliant with the Collegetown Design Guidelines, and
WHEREAS: the Planning Board did, on December 20, 2022, determine, as elaborated in the FEAF
Part 3, that the proposed project will result in no significant adverse impacts on the environment
and issued a Negative Declaration of Environmental Significance, and
WHEREAS: this Board did on January 31, 2023 review and accept as adequate the following new
and revised drawings: Site Plan AC1.01, Grading & Utility Plan AC1.02, Landscape Plan AC1.03,
Site Section AC3.00, Concept Plans CS1.01, and Concept Elevations CS2.01 all dated 01/18/23
by Jason K Demarest Architecture, and
WHEREAS: the Zoning Administrator reviewed the site plan changes and determined the changes
are in compliance with the requirements for the CR-4 zone, and
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WHEREAS: the Planning Board, has determined that the proposed changes are consistent with
the Negative Declaration of Environmental Significance issued by this Board as Lead agency on
December 20, 2022 and that further environmental review is not required, now, therefore, be it
RESOLVED: that the Planning and Development Board does hereby grant Preliminary & Final
Site Plan Approval subject to the following:
The following conditions must be satisfied before issuance a Building Permit:
i. Plans, drawings and/or visualizations showing all proposed exterior mechanicals and
associated equipment including heat pumps, ventilation, etc., including appropriate
screening if necessary
ii. Documentation from Ithaca Fire Department emergency access issues have been satisfied
iii. This site plan approval does not preclude any other permit that is required by City Code,
such as sign permits, tree permits, street permits
iv. Acceptance of the SWPPP by the City Stormwater Management Officer
v. Final approval of the driveway and curb cuts along College Ave, as well as all sidewalks
needing replaced along College Avenue by the City Engineering Department
The following conditions must be satisfied within six months of site plan approval or the start of
construction, whichever comes first
i. Submission of detailed planting plan including soil replacement specifications for tree
planting areas
ii. Submission to the Planning Board for review and approval of placement, design, and
photometrics of site lighting fixtures
iii. Submission to the Planning Board for review and approval of all site details including but
not limited to landscaping details, exterior furnishings, walls, railings, bollards, paving,
signage, lighting, etc.
The following construction must be satisfied during the construction period
i. If impacted groundwater and/or soil are encountered during construction, it is required to
be handled in accordance with the applicable NYSDEC regulations and requirements and
with the involvement of both the City of Ithaca and the NYSDEC in the approval and
monitoring of the treatment system(s)
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ii. Noise producing construction activities will be limited to the hours between 7:30 A.M.
and 5:30 P.M., Monday through Friday (or Saturday 9:00 A.M. to 5:30 P.M. with
advance notification to and approval by the Director of Planning and Development)
iii. Any traffic control measures on College Avenue will be coordinated with the City Fire
Department and Department of Public Works
The following conditions must be satisfied before issuance of a Certificate of Occupancy:
i. Any changes to the approved site plans must be submitted to Planning staff for review
and may require Board approval
ii. Installation of bike racks and/or bike storage
iii. Installation of any required or proposed sidewalk to the satisfaction of the City Sidewalk
Coordinator
iv. Repair, replacement, or reconstruction of any City property damaged or removed during
construction including, but not limited to paving, sidewalk, curbing, trees or tree lawn,
signage, drainage structures, etc.
v. Submission of any required executed easement, licenses or other legal agreements
involving City property
Moved by: Godden
Seconded by: Petrina
In favor: Godden, Petrina, Lewis, Glass, Correa, Blalock
Against: None
Abstain: None
Absent: None
Vacancies: One
D. Alpha Phi Alpha Residential House Renovations, 105 Westbourne Ln. by Tony Ewing.
Declaration of Lead Agency, Public Hearing and Review FEAF III. The applicant proposes
to renovate and restore the existing building, demolish the existing lower-level addition,
expand the building footprint by 275 SF with a 1120 SF replacement addition, and modify
the site to accommodate new ADA compliant parking. Site improvements include a
regraded entry drive lane for ADA accessibility, permeable grass pavers, a 1500 SF rain
garden, and landscaping. The project is located in the R-U zoning district and will require
variances. This is a Type 1 Action under the City of Ithaca Environmental Quality Review
Ordinance §176-4 B.(1)(h)[4], and the State Environmental Quality Review Act (“SEQRA”)
§617.4 b. (11) and is subject to environmental review.
Applicants Attending: Georges Clermont, Tony Ewing, Frank Santelli
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The applicant presented a pedestrian circulation plan detailing the sidewalk location along
Westbourne Lane for pedestrian use and preservation of the large existing trees.
The Board thanked the applicant for their efforts in preserving the trees and the addition of grass
pavers.
Glass asked the applicant for further details on the grass pavers. The applicant described the
grass pavers as a honey-comb design with an increase in void space, compared to traditional
pavers. The applicants will submit details at the next Board meeting.
Adopted Declaration of Lead Agency
On a motion by Godden, seconded by Petrina:
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter
176.6 of the City Code, Environmental Quality Review, require that a lead agency be established
for conducting environmental review of projects in accordance with local and state environmental
law, and
WHEREAS: State Law specifies that for actions governed by local environmental review, the lead
agency shall be that local agency which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS: the City of Ithaca Planning and Development Board has a pending application for
building and site renovations at 105 Westbourne Avenue, and
WHEREAS: the applicant proposes to renovate and restore the existing building, demolish the
existing lower-level addition, expand the building footprint by 275 SF with a 1120 SF replacement
addition, and modify the site to accommodate new ADA compliant parking. Site improvements
include a regraded entry drive lane for ADA accessibility, permeable grass pavers, a 1500 SF rain
garden, and landscaping. The project is located in the R-U zoning district and will require
variances, and
WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review
Ordinance §176-4 B.(1)(h)[4], and the State Environmental Quality Review Act (“SEQRA”)
§617.4 b. (11) and is subject to environmental review, now, therefore be it
RESOLVED: that the City of Ithaca Planning and Development Board does, by way of this
resolution, declare itself Lead Agency in Environmental Review for the proposed project.
Moved by: Godden
Seconded by: Petrina
In Favor: Lewis, Godden, Petrina, Correa, Glass, Blalock
Against: None
Abstain: None
Absent: None
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Vacancies: One
Public Hearing
On a motion by Godden, seconded by Glass, and voted in favor unanimously, Chair Lewis
opened the public hearing.
There being no members of the public appearing in order to speak, nor any additional
written comments submitted to be read into the record, Chair Lewis closed the Public Hearing
on a motion by Correa, seconded by Petrina, and voted in favor unanimously.
E. NYSEG Hudson Regulator Station, 220 Grandview Ave., by Arne Larson DDS Companies
on behalf of NYSEG. Public Hearing, Review SEAF and Potential CEQR Determination.
The applicant proposes to create an approximately 164 SF gas regulator house with
appurtenant facilities. NYSEG has secured a 1200 SF utility easement from the property
owner, South Hill Church of Nazarene. Proposed site work includes the regrading of the
site and landscaping around the proposed structure. The project is located in the R-2
zoning district and will not require any variances. This is an Unlisted Action under the City
of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental
Quality Review Act (“SEQRA”) §617.4 and is subject to environmental review.
Applicants Attending: Arne Larson
The applicant presented renderings of the building comparing red brick versus green concrete.
The applicant believes concrete is a superior material for this building due to maintenance. The
applicant presented a new site layout, changing the location and angle of the building, that now
conforms with zoning. The landscaping plan was updated to include the addition of Norway
Spruce along the northern portion of the building to act as a screen. The applicant has been
exploring options related to supporting the bus stop located next to the lot.
Godden asked the applicant why they believe the green color is superior to the original proposed
color. The applicant explained that the color was changed due to public comment on the
aesthetics of the building, and the request to have the building blend into the background.
Chair Lewis expressed his frustration with the applicant having not reached out to the neighbors
and his opinion that the green concrete is not satisfactory building materiality. Chair Lewis asked
the applicant to reach out to neighbors regarding the safety of the building as was discussed at
the previous meeting.
Cerra gave feedback regarding the chosen plantings, stating that Norway Spruce are not an
acceptable planting as they are an invasive species.
The Board and staff agreed that the building aesthetics require more development and design.
This will be further discussed during site plan review.
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Public Hearing
On a motion by Correa, seconded by Petrina, and voted in favor unanimously Chair opened the
public hearing.
There being no members of the public appearing in order to speak, nor any additional
written comments submitted to be read into the record, Chair Lewis closed the Public Hearing
on a motion by Godden, seconded by Correa, and voted in favor unanimously.
Adopted Negative Declaration of Environmental Significance
On a motion by Petrina, seconded by Correa:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
site plan approval for constructing a gas regulator house with appurtenant facilities by Arne Larsen,
DDS Companies on behalf of NYSEG, and
WHEREAS: the applicant proposes to create an approximately 164 SF gas regulator house with
appurtenant facilities. NYSEG has secured a 1200 SF utility easement from the property owner,
South Hill Church of Nazarene. Proposed site work includes the regrading of the site and
landscaping around the proposed structure. The project is located in the R-2 zoning district and
will not require any variances, and
WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is
subject to environmental review, and
WHEREAS: the City of Ithaca Planning and Development Board, being the local agency, which
has primary responsibility for approving and funding or carrying out the action, did on December
20, 2022 declare itself Lead Agency in Environmental Review for the project, and
WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on
January 31, 2023, review and accept as adequate: a Short Environmental Assessment Form
(SEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; Hudson
Street Reg. Station Site Plan, Hudson Street Reg. Station Details and Hudson Street Reg. Station
Building Elevations all prepared by The DDS Companies and NYSEG, dated 01/24/23, and
WHEREAS: interested parties have been given the opportunity to comment on the proposed
project, and any received comments have been considered, now, therefore, be it
RESOLVED: that the City Planning Board determined, as elaborated in the FEAF Part 3, that the
proposed project will result in no significant adverse impacts on the environment and a Negative
Declaration for purposes of Article 8 of the Environmental Conservation Law be issued in
accordance with the provisions of Part 617 of SEQRA.
Moved by: Petrina
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Seconded by: Correa
In favor: Petrina, Correa, Glass, Godden, Lewis, Blalock
Against: None
Abstain: None
Absent: None
Vacancies: One
7. Recommendations to the Board of Zoning Appeals
• BZA #3234 – 121-125 Lake St. (The Breeze Apartments), Area Variance
The Lead Agency supports the two height variances in feet and stories as the topography on the
site is very variable which has the effect of the building presenting primarily as a four-story
building. They also find a 11’ floor to floor ratio is not outside the norm and is justified as it includes
the interstitial space for ductwork, lights, etc. This adds to the height of the building. The Lead
Agency also indicates and emphasizes the public access to the gorge, the public bridge and the
overlook, the sidewalk extension up Lake Street, and the clean-up of the site are all at the
applicant’s expense so having a taller building helps to offset the expenses of these community
benefits. The Lead Agency finds the rear yard variance is mitigated by the large grade difference
between this site and adjoining property so that it minimizes any impact to the adjacent property.
The Lead Agency agrees with the logic presented by the applicants provided it is in compliance
with the requirements in the executed Development Agreement with the City. They find no long-
term negative impacts to planning.
• BZA #3247 – 309 E Lincoln St. Diner, Use Variance (Modification)
The Planning Board supports this use variance modification as they support local businesses,
feel this is a needed good use in a residential zone, is a community gathering amenity, and also
note the owner engaged in community outreach regarding this variance and the community
response was mainly positive. The Planning Board finds no long-term negative impacts to
planning.
8. Old/New Business
Chair Lewis reminded the room that there is an open seat on the planning Board.
9. Adjournment:
On a motion by Godden and seconded by Petrina the meeting, the meeting was adjourned by
unanimous consent at 8:22 p.m.