HomeMy WebLinkAboutMN-PDB-2023-02-28DRAFT COPY — NOT YET APPROVED BY MEMBERS OF THE PLANNING &
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Planning and Development Board Minutes
February 28, 2023
Board Members
Attending:
Robert Lewis, Chair; Garrick Blalock, BPW Liaison; Mitch Glass;
Emily Petrina
Board Members Absent:
Elisabete Godden, Daniel Correa
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
Michael Thorne – Superintendent of Public Works Department of
Public Works
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. Michael Thorne, Superintendent of Public Works - Overview of Public Works Flood
Prevention Study
Thorne presented a detailed overview of the new FEMA flood maps and the Flood Prevention
Study the Department of Public Works has undertaken to mitigate impacts to the city.
Board members asked questions about implementation, design and costs for the proposed
mitigation efforts as detailed in the prevention study as well as questions concerning the
existing condition of levees. The Board thanked Thorne for the presentation and requested that
Public Works involve the Planning Board in the design of any future levees.
3. Approval of Minutes - November 2022
On a motion by Petrina, seconded by Blalock the Planning and Development board unanimously
approved the November 2022 meeting minutes.
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4. Public Comment
Chair Lewis opened Privilege of the Floor.
No Public Comment.
Chair Lewis closed the Public Comment period.
5. Board Responses to Public Comment
The board had no response to public comment.
6. Special Permits
A. Cliff Street Retreat, 407 Cliff Street, by Linc Morse. Presentation of Redesign. The
Planning Board granted preliminary and final approval of this project on October 26, 2021.
The applicant now seeks approval for a redesign on the north end of the parcel where
instead of two conceptual cottages previously proposed, the applicants now propose a 3-
story multi-family building, approximately 4966 SF. The building has a total of 6 units
including two hotel units and four apartments. The proposed building complies with all of
the zoning requirements created in the PUD process. This is a Type 1 Action under the
City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(h)[3] for which the
Lead Agency made a Negative Determination of Environmental Significance on
September 28, 2021.
Applicants Attending: Noah Demarest, Craig Modisher
The applicant presented updates to the project, highlighting the new building and changes to the
exterior design. C. Modisher gave an overview of zoning, ensuring that the proposed new building
is compliant with the PUD. N. Demarest gave the board context around the project.
M. Glass asked the applicant to consider incorporating solar into the project and discussed
enhancing the proposed landscaping and removing some parking.
N. Demarest stated that the proposal already includes the removal of parking spaces from the
existing site.
E. Petrina stated her overall approval of the design changes and asked questions about plantings
along Cliff St.
Director Nicholas asked the applicant to provide renderings and images to show the board how
the proposed building will fit within the character of the neighborhood. Director Nicholas also
asked the applicant to rethink the site plan concerning the removal of trees and the absence of
the trail as discussed during the PUD approval process.
B. Breeze Apartments, 121-125 Lake St., by Todd Fox. Set Pubic Hearing and Final Site Plan
Approval Phase I. 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
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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: Laura Mattos, Julia Bucher and Erik Reynolds
The applicant presented the proposed materials, highlighting the location of the HVAC
equipment and provided imagery detailing how the topography and existing vegetation screen
the equipment.
M. Glass stated that he was overall receptive of the proposal and asked the applicant if they were
using fiber cement on other projects that they could share pictures of at a future meeting.
E. Petrina stated that she was supportive of the EIFS material if it meant keeping other materiality
like masonry and wood on the building.
Adopted Declaration of Final Site Plan Approval For Phase I
On a motion by Petrina, seconded by Glass:
On three separate motions by Petrina, seconded by Glass and Blalock the board accepted
proposed revised changes to the conditions of final site plan approval phase I.
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,
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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
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 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: the Board of Zoning Appeals granted the required area variances on February 7,
2023, and
RESOLVED: that the Planning and Development Board does hereby grant Final Site Plan
Approval Phase I which includes the building and the adjacent site layout on their property subject
to the following conditions:
The following conditions must be satisfied before issuance a Building Permit:
i. Acceptance of all final Overlook Plans, or similar mutually agreed upon public facility, by the
City Engineering Department, City Department of Public Works, the City Planning
Department, and the Planning Board
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ii. Final Site Plan Approval Phase II including acceptance of mutually agreed upon public
facility and the approval of the Recreation River Permit by the City if necessary
iii. Documentation from Ithaca Fire Department emergency access issues have been satisfied
iv. This site plan approval does not preclude any other permit that is required by City Code,
such as sign permits, tree permits, street permits
v. Acceptance of the SWPPP by the City Stormwater Management Officer
vi. Final approval of streetscape, curb ramps, curb cut, sidewalks, signage along Lake Street
and other comments by the City Engineering and Fire Departments
The following conditions must be satisfied within six months of approval or the start of
construction, whichever comes first:
vii. 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.
viii. Plans, drawings and/or visualizations showing all proposed exterior mechanicals and
associated equipment including heat pumps, ventilation, etc., including appropriate
screening if necessary
ix. Any changes to the approved project must be submitted to Planning Staff for review and
may require Board approval
x. Documentation from Ithaca Fire Department emergency access issues have been satisfied
xi. This site plan approval does not preclude any other permit that is required by City Code,
such as sign permits, tree permits, street permits
The following conditions must be satisfied during the construction period:
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. 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)
The following conditions must be satisfied before issuance of a Certificate of Occupancy:
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xiv. Submission of executed easement or other legal agreements, including maintenance of
public walkway
xv. Installation of bike racks and/or bike storage
xvi. Work with the City Forester and/or other appropriate City staff on selecting and purchasing
trees for City property to screen the building on the west side
xvii. Installation of any required or proposed sidewalk to the satisfaction of the City Sidewalk
Coordinator
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: Petrina
Seconded by: Glass
In favor: Petrina, Blalock, Glass, Lewis
Against: None
Abstain: None
Absent: Correa, Godden
Vacancies: One
C. The Citizen, 602 W. Buffalo St., by Visum Development Group LLC. Preliminary and Final
Site Plan Approval. 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 and Roberta
Militello
The applicant presented the proposed exterior materials focusing particularly on the siding and
the accent fins protruding from the building. The applicant provided physical material samples
for the board’s review.
J. Bucher presented updates to the site plan highlighting the landscape and pedestrian
experience as well as changes to the columns located on the street on the first story.
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M. Glass discussed with A. Fishcel the impact of traffic on the sidewalks and what the DOT has
said in terms of what can be placed on the streetscape. M. Glass went on to state his overall
support of the project but expressed his dissatisfaction with the architecture of the building in
relation to the massing, materials and color.
The board agreed that the project is activating the street level of the neighborhood, but that the
exterior design is wanting.
N. Cerra reminded the room of the comments from the County and asked the applicant to
respond to the concerns over the FEMA flood map.
L. Mattos went on to state that if the design changes were implemented to compensate for future
FEMA maps, then the first-floor streetscape design would be adversely affected.
Director Nicholas suggested that adding more fins to the exterior of the building may ease
concerns over massing.
Adopted Declaration of Preliminary and Final Site Plan Approval
On a motion by Petrina, seconded by Blalock:
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
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, 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
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
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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, 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, 2022, and
WHEREAS: the Planning Board did, on January 31, 2023 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: this Board did on February 28, 2023 review and accept as adequate the following
new and revised drawings: Columns A455 dated 02/21/23, Material Image Board dated 02/22/23
and both prepared by Holt Architects; 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 02/22/23 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. Submission of information/documentation of a plan for (off-site) contractor parking
v. Submission of a construction logistics and staging plan to the Planning Department and
approved by City Engineering
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vi. Final Emergency Access Agreement between “TOMPKINS COMMUNITY ACTION,
INC., (the “Grantor”) and 602 W BUFFALO QOZB LLC (the “Grantee”)” approved by
City Attorney and City Fire Department
The following conditions must be satisfied within six months of approval or the start of
construction, whichever comes first:
vii. Submission to Planning staff of detailed planting plan including soil replacement
specifications for tree planting areas, planting schedule, and specifications for protection
of trees on S Meadow
viii. Submission to the Planning Board for review and approval of placement, design, and
photometrics of site lighting fixtures
ix. 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.
x. Final approval of streetscape along Buffalo Street in front of project site by the City
Engineering Department & NYDOT
The following conditions must be satisfied during the construction period:
xi. 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)
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)
The following conditions must be satisfied before issuance of a Certificate of Occupancy:
xiii. Any changes to the approved site plans must be submitted to Planning staff for review
and may require Board approval
xiv. Installation of bike racks and/or bike storage
xv. Installation of any required or proposed sidewalk to the satisfaction of the City Sidewalk
Coordinator
xvi. 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
xvii. Submission of any required executed easement, licenses or other legal agreements
involving City property
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Moved by: Petrina
Seconded by: Blalock
In favor: Petrina, Blalock, Glass, Lewis
Against: None
Abstain: None
Absent: Correa, Godden
Vacancies: One
D. Alpha Phi Alpha Residential House Renovations, 105 Westbourne Ln. by Tony Ewing.
CEQR Determination. 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
G. Clermont presented a revised site plan detailing the reduction in the back patio to bring the
project into conformity with zoning. F. Santelli gave the board an overview of the storm water
management plan.
The board had no questions for the applicant.
The board and staff reviewed the FEAF Part III.
Adopted Negative Declaration of Environmental Significance
On a motion by Petrina, seconded by Blalock:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
site plan approval for building and site renovations at 105 Westbourne Avenue by Tony Ewing,
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 no
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, and
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WHEREAS: the NYS Department of Environmental Conservation and the Tompkins County
Department of Health, both potentially involved agencies in this action, have consented to the
Planning Board acting as Lead Agency for this project, 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 January 31,
2023 declare itself Lead Agency in Environmental Review for the project, and
WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on
February 28, 2023, 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;
Property Survey Map prepared by T.G. Miller, P.C. dated 08/10/2022; Existing Site Conditions
Plan C102, Circulation Plan, and Details C301-C303; all prepared by AEPMI Design & Building
Consultants and T.G. Miller, P.C. and dated 1/12/23; Site Planting Plan SP-04 (2), Site Layout
Plan SL-02 all dated 02/21/23 prepared by AEPMI Design & Building Consultants, MP
Landscape Architecture, and T.G. Miller, P.C; Site Utility Plan C201, Grading and Drainage
Plan C202, and Erosion & Sediment Control Plan C203 all prepared by AEPMI Design &
Building Consultants and T.G. Miller, P.C. and dated 1/12/23; 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: Petrina
Seconded by: Blalock
In favor: Petrina, Blalock, Glass, Lewis
Against: None
Abstain: None
Absent: Godden, Correa
Vacancies: One
7. Old/New Business
- 408 N Tioga St/The Red House; Staff will compose a letter to the county advocating for
preserving the house
- Planning Board retreat
8. Adjournment:
On a motion by Petrina and seconded by Glass the meeting, the meeting was adjourned by
unanimous consent at 8:06 p.m.