HomeMy WebLinkAboutMN-PDB-2013-10-22DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE
PLANNING AND DEVELOPMENT BOARD
Planning & Development Board
Minutes
October 22, 2013
Board Members Attending: Govind Acharya, Chair; Garrick Blalock; Jack Elliott;
McKenzie Jones-Rounds; C.J. Randall; John Schroeder
Board Members Absent: Isabel Fernández
Board Vacancies: None.
Staff Attending: Lisa Nicholas, Senior Planner, Division of Planning &
Economic Development;
Phyllis Radke, Director of Zoning Administration, Division
of Planning & Economic Development;
Jennifer Kusznir, Planner, Division of Planning & Economic
Development;
Charles Pyott, Office Assistant, Division of Planning &
Economic Development
Applicants Attending: Emerson Power Transmission Subdivision
Mark B. Wheeler, Esq., Harris Beach, PLLC
Cayuga Waterfront Trail (Phase 2)
Tim Logue, City Transportation Engineer
Commons Repair & Upgrade Project
Susannah Ross, Sasaki Associates, Inc.
South Meadow Street Marketplace Expansion
Matthew Oates, Benderson Development Company, LLC
Rick’s Rental World Addition
Glenn Rick, Owner;
Christine Place, Architect
Green Street Garage ― Trash & Recycling
Scott Whitham, Scott Whitam Associates;
David Lubin, Owner;
Noah Demarest, STREAM Collaborative Architects
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Purity Ice Cream
Bruce Lane, Owner;
John Snyder, John Snyder Architects
Ridgewood Road Apartments
Peter Trowbridge, Trowbridge Wolf Michaels, LLP;
David A. Herrick, T.G. Miller, P.C.
Cherry Street Cross-Fit Gym
David A. Herrick, T.G. Miller, P.C.;
Adam Klausner, Esq., Applicant;
Jim Demos, Applicant
Chair Acharya called the meeting to order at 6:03 p.m.
1. Agenda Review
Discussion of the proposed rezoning of portions of the Cornell Heights Historic District from
R-U to R-3aa was added to the agenda. No objections were raised.
2. Privilege of the Floor
None.
3. Special Order of Business ― Zoning Ordinance Rewrite (Phyllis Radke, Director of
Zoning Administration)
Radke walked through the details of the recent Zoning Ordinance Rewrite initiative and
creation of the Zoning Ordinance Rewrite Committee (ZORC), including the following
highlights and point-of-interest.
• Purpose is to edit and reformat the current Zoning Ordinance, through an exhaustive
page-by-page review.
• Initiative grew out of 2012 merger of Building and Planning Departments.
• Current Zoning Ordinance suffers from misprints, lack of clarity, and poor organizational
structure, partly because it has outgrown the format initially developed in 1923 with the
advent of the City’s first Zoning Ordinance (e.g., the “Supplementary Regulations”
section is now the single largest section in the Zoning Ordinance).
• Current Zoning Ordinance contains no space to insert provisions, where they should
logically be found (e.g., the “Southwest Zoning District” regulations are located between
“Adult Uses” and “Dumpsters”).
• Zoning Ordinance contains numerous other inconsistencies (e.g., where neighborhood
parking lots are allowed).
• Two different groups will help rewrite the Zoning Ordinance:
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o Primary group (Tom Nix, Ed Cope, Mary Tomlan, Rob Morache, Seph Murtagh,
Gino Leonardi, Sarah Myers, Ellen McCollister, JoAnn Cornish, and Phyllis Radke)
has experience with City planning and zoning.
o Second group will serve as ‘consultants’, with careers in code enforcement, or work
as planners or architects, and who possess valuable insights from either the
enforcement perspective or from their work as professional planners.
• Radke will regularly communicate the work of the primary group with her consultants
and solicit their own views and suggestions, which will be conveyed back to the primary
group.
• ZORC’s goals are (not listed in order of importance):
(1) To submit regulations that must be updated to Planning & Economic Development
Committee for review.
(2) To reformat current Zoning Ordinance to include appropriate locations where design
standards and other zoning approaches/concepts can later be added.
(3) To create a more readable document.
(4) To correct existing errors.
• End result should be a well-written document, where users can both easily locate the
regulations relevant to their projects and more clearly understand all associated
requirements.
• Rewrite is not meant to completely alter current Euclidean-type zoning approach, just to
make Ordinance format conducive to adding design standards or guidelines.
• ZORC will obtain guidance from the Comprehensive Plan Committee and Planning
Division staff.
• ZORC will also correct textual errors, add clarifying text, and/or add text to improve
regulation and enforceability of zoning requirements (including more diagrams and
illustrations).
Schroeder asked what the Planning Board’s own involvement in the process was anticipated
to be ― the Board should definitely be integrated into the process. Radke replied the Board
would certainly be included. Schroeder noted it would be helpful if one or more Planning
Board members were also ZORC members. Radke replied she would be happy to do that.
Jones-Rounds noted it would be helpful if Radke gave periodic updates to the Planning
Board on ZORC’s progress.
Acharya noted Radke referred to a lack of clarity for the definitions of certain uses, like
“medical profession.” He suggested taking a critical look at other uses, as well. Radke
agreed that would be a good idea.
Randall noted the “Industrial” use could also be examined.
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Acharya noted it would be helpful to have a list of what uses are excluded vs. permitted.
3. Subdivision Review
A. Minor Subdivision, 620-640 S. Aurora St., Tax Parcel #106.-1-8, Russell E. Maines,
Applicant for Owner, Emerson Power Transmission Corp. Declaration of Lead
Agency, Public Hearing, Consideration of Determination of Environmental
Significance, & Potential Recommendation to the BZA. The property in question is a
contiguous 95.9360-acre property containing City of Ithaca Tax Parcel #106.-1-8, measuring
31 acres, and Town of Ithaca Tax Parcel #40.-3-3, measuring 63.3 acres. The applicant
proposes to subdivide City Tax Parcel #106.-1-8 into two parcels: Parcel OU-1, measuring
0.9077 acres (39,539 SF), with 279’ of street frontage on South Cayuga Street and containing
two underground storage tanks, two buildings totaling approximately 800 SF, portions of a
parking lot totaling approximately 5,000 SF, and an access road for “Building 18;” and
Parcel OU-2, measuring 30.0923 acres (1,310,720 SF) with approximately 900 feet of
frontage on South Aurora Street, 118.5 feet of frontage on South Cayuga Street, 542.7 feet of
frontage on West Spencer Street, and 157.9 feet of frontage on Stone Quarry Road,
containing portions of multiple buildings, parking areas, access roads, and internal
circulation roads. The proposed Parcel OU-1 is in both the Industrial (I-1) Zoning District,
which requires a minimum lot size of 5,000 SF, 50 feet of street frontage, side yard setbacks
of 12 and 6 feet, and a rear yard setback of 15% or 20 feet, and the R-3b Zoning District,
which requires a minimum lot size of 4,000 SF, 40 feet of street frontage, side yard setbacks
of 10 and 5 feet, and a rear yard setback of 20% or 50 feet. The proposed Parcel OU-2 is
primarily in the I-1 Zoning District, with small portions in the R-1b and R-2a Zoning
Districts. The purpose of the subdivision is for the owner to retain ownership and control
over future environmental remediation activities on the proposed Parcel OU-1, while
allowing for potential future redevelopment of proposed Parcel OU-2. This is an Unlisted
Action under both the City of Ithaca Environmental Quality Review Ordinance and the State
Environmental Quality Review Act and is subject to environmental review. The subdivision
requires an area variance for side yard setback.
Mark B. Wheeler, Harris Beach, PLLC, updated the Board on the project’s current status.
Blalock asked about the stormwater management concerns associated with the site. Nicholas
replied that the drainage issues that were mentioned do not affect the parcel being
subdivided; presumably those issues would be resolved when the site is developed.
Intent to Declare Lead Agency Resolution
On a motion by Schroeder, seconded by Jones-Rounds:
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WHEREAS: an application has been submitted for review and approval by the City of Ithaca
Planning and Development Board for a Minor Subdivision of City of Ithaca Tax Parcel #106.-1-8
in the City of Ithaca, by Russell E. Maines, for owner, Emerson Power Transmission Corp., and
WHEREAS: the property in question is a contiguous 95.9360-acre property containing City of
Ithaca Tax Parcel #106.-1-8, measuring 32.5 acres, and Town of Ithaca Tax Parcel #40.-3-3,
measuring 63.3 acres. The applicant proposes to subdivide City Tax Parcel #106.-1-8 into two
parcels: Parcel OU-1, measuring 0.9077 acres (39,539 SF), with 279’ of street frontage on South
Cayuga Street and containing two underground storage tanks, two buildings totaling
approximately 800 SF, portions of a parking lot totaling approximately 5,000 SF, and an access
road for “Building 18;” and Parcel OU-2, measuring 32.59231 acres (1,376,161 SF) with
approximately 900 feet of frontage on South Aurora Street, 118.5 feet of frontage on South
Cayuga Street, 542.7 feet of frontage on West Spencer Street, and 157.9 feet of frontage on Stone
Quarry Road, containing portions of multiple buildings, parking areas, access roads, and internal
circulation roads. The proposed Parcel OU-1 is in both the Industrial (I-1) Zoning District, which
requires a minimum lot size of 5,000 SF, 50 feet of street frontage, side yard setbacks of 12 and 6
feet, and a rear yard setback of 15% or 20 feet, and the R-3b Zoning District, which requires a
minimum lot size of 4,000 SF, 40 feet of street frontage, side yard setbacks of 10 and 5 feet, and a
rear yard setback of 20% or 50 feet. The proposed Parcel OU-2 is primarily in the I-1 Zoning
District, with small portions in the R-1b and R-2a Zoning Districts. The purpose of the
subdivision is for the owner to retain ownership and control over future environmental remediation
activities on the proposed Parcel OU-1, while allowing for potential future redevelopment of
proposed Parcel OU-2. The subdivision requires area variances for side yard setbacks on both
proposed parcels, and
WHEREAS: this is an Unlisted Action under both the City of Ithaca Environmental Quality
Review Ordinance and the State Environmental Quality Review Act and is subject to
environmental review, 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, now, therefore, be it
RESOLVED: that the City of Ithaca Planning and Development Board does hereby declare itself
Lead Agency for the environmental review for the action of subdivision approval for City of
Ithaca Tax Parcel #106.-1-8, located at 620-640 S. Aurora Street.
In favor: Acharya, Blalock, Elliott, Jones-Rounds, Randall, Schroeder
Opposed: None
Absent: Fernández
Vacancies: None
Public Hearing
On a motion by Randall, seconded by Elliott, and unanimously approved, Chair Acharya
opened the Public Hearing.
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Patrick Braga, Cornell University, student, asked for more information on what the ultimate
result of the subdivision would be.
Robert P. Stundtner, 333 Spencer Rd., distributed some documents to the Board and spoke
about the serious stormwater management issues associated with part of the site. Stormwater
run-off currently flows through his property, down the driveway, and onto neighboring
properties across the road.
Nicholas read First Ward Alderperson Cynthia Brock’s 10/22/13 letter to the Planning Board
into the record:
I am writing in regards to the above-mentioned request for minor subdivision from Emerson Power
Transmission Corp. Please read my letter into the record during the Public hearing as I am unable
to attend due to Council being in Budget session at that time.
I am requesting that the Planning & Development Board require, as a condition to be fulfilled prior
to the approval of the subdivision, that the applicant install adequate and acceptable stormwater
management systems in accordance with municipal standards, as allowed under NY GCT Law
§33(2)(c). As an alternative to the requirement of the installation of adequate and acceptable
stormwater management systems, prior to Planning and Development Board approval, a
performance bond or other security sufficient to cover the full cost of the same, as estimated by the
Planning & Development Board or department designated by the Planning & Development Board
shall be furnished to the City of Ithaca by the applicant, as allowed under NY GCT Law §33(8)(a).
Please see the below video of water flowing through the driveway of 333 Spencer Road:
http://www.flickr.com/photos/56518850@N05/9723036039/
Over the past several years, 333 Spencer Road, the property immediately down gradient of the
established stream/channel on Emerson’s property, has been experiencing storm water runoff and
property damage during high rain events as a consequence of storm water jumping the banks of the
established swale on Emerson’s property and redirecting onto 333 Spencer Road.
Ongoing communication over the years between the property owners Cleland and Stundtner and
Emerson Power Transmission, in addition to appeals to the City and the City’s Board of Public
Works (October and November 2010) have been unsuccessful in securing a remedy to 333 Spencer
Road for the tremendous negative impact of storm water runoff.
NY GCT Law §33 specifies that the before the approval of the Planning & Development Board, the
Board shall require that the land be of such character that it can be safely used for building purposes
without drainage or other menace to neighboring properties or the public health, safety and welfare.
I respectfully request that the Planning & Development Board require, as a condition to be fulfilled
prior to the approval of the subdivision, that the applicant install adequate and acceptable
stormwater management systems in accordance with municipal standards, as allowed under NY
GCT Law §33(2)(c).
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Cynthia Brock
First Ward Alderperson, City of Ithaca
There being no further public comments, on a motion by Jones-Rounds, seconded by Elliott,
and unanimously approved, the Public Hearing was closed.
Jones-Rounds asked about the history of ownership transfer. Wheeler replied that the
propery was transferred in the 1980s, when the current owner bought the property from the
Morse Chain Company, from which the current owner successfully obtained assistance with
the original clean-up costs. Wheeler added that, because of NYS Department of
Conservation (DEC) requirements, the current owner needs to retain ownership of OU-1.
Schroeder remarked that the stormwater drainage issue lies totally within the Town’s
jurisdiction; there would be no legal basis for the City to require any action from the Town.
Randall asked for further explanation of the DEC’s Order on Consent. Wheeler replied it is
an administrative order, which is very typical for the DEC. While a DEC order can result
from a litigated matter, it more typically originates from an agreement by the relevant parties
to clean up a given site, as formulated in the language of the order. Randall asked for a copy
of the order. Wheeler agreed to provide it.
Blalock asked if the property owner ever acknowledged the stormwater management issue.
Wheeler replied that Emerson Power Transmission was notified in March 2013 of a flood
affecting a residence. That property was inspected and it was determined that large boulders
further up the hill had caused the overflow; they were subsequently removed.
Elliott asked when the remediation would be completed. Wheeler replied, 20-30 years.
Elliott asked if perchloroethylene was the principal pollutant. Wheeler replied, yes. It was
used by the Morse Chain Company for cleaning purposes. The pollutants are generally in the
middle-range, in terms of their toxicity. Elliott observed, if things continue to progress at the
current rate, any development of the trail would be delayed 20-30 years. Wheeler responded,
that would be up to the City, but he does not see any risk associated with permitting people
to use the trail near the site.
Jones-Rounds noted Town of Ithaca Planning Director Sue Ritter suggests, in a 10/17/13
letter to the City, that the current owner has “been disinclined to engage in any discussion
concerning a trail easement to allow access on their property” and that development of the
trail has been “stymied for many years by the failure to gain legal trail access” through the
property. Wheeler assured the Board that the owner is willing to address the issue.
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Jones-Rounds asked Wheeler if the Board could obtain a written statement of some kind
from the owner, describing the stormwater run-off situation and making some kind of
commitment to address it.
Schroeder remarked that the draft resolution language would effectively establish that
requirement.
Acharya noted that there has also been some concern that the site has been periodically closed
to the public. Wheeler explained it was only closed when pollutants needed to be handled
on-site, as required by the Occupational Safety and Health Administration (OSHA)
regulations governing the process. The property would only be closed an average of 60 days
a year.
Acharya asked how the trail would be affected by the periodic closing of the site. City
Transportation Engineer Logue responded that the City can most likely work out the terms
and specifics of any work that would need to happen to ensure access to the trail, as part of
the easement agreement.
Jones-Rounds asked if the owner plans to sell the parcel in 20-30 years. Wheeler replied, he
does not know (although he suspects it would probably be decommissioned and sold).
Full Environmental Assessment Form (FEAF) ― Part 2
Schroeder remarked the draft FEAF, Part 2, looks perfect as it is. No objections or additional
comments were made.
Full Environmental Assessment Form (FEAF) ― Part 3
Schroeder suggested some minor corrections to the document. Randall added that the DEC’s
Order on Consent number should be included in the project description.
On a motion by Jones-Rounds, seconded by Randall:
PROJECT DESCRIPTION
The property in question is a contiguous 95.9360-acre property containing City of Ithaca Tax
Parcel #106.-1-8, measuring 32.5 acres, and Town of Ithaca Tax Parcel #40.-3-3, measuring 63.3
acres. The applicant proposes to subdivide City Tax Parcel #106.-1-8 into two parcels: Parcel OU-
1, measuring 0.9077 acres (39,539 SF), with 279’ of street frontage on South Cayuga Street and
containing two underground storage tanks, two buildings totaling approximately 800 SF, portions
of a parking lot totaling approximately 5,000 SF, and an access road for “Building 18;” and Parcel
OU-2, measuring 31.5923 acres (1,376,161 SF) with approximately 900 feet of frontage on South
Aurora Street, 118.5 feet of frontage on South Cayuga Street, 542.7 feet of frontage on West
Spencer Street, and 157.9 feet of frontage on Stone Quarry Road, containing portions of multiple
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buildings, parking areas, access roads, and internal circulation roads. The proposed Parcel OU-1 is
in both the Industrial (I-1) Zoning District, which requires a minimum lot size of 5,000 SF, 50 feet
of street frontage, side yard setbacks of 12 and 6 feet, and a rear yard setback of 15% or 20 feet,
and the R-3b Zoning District, which requires a minimum lot size of 4,000 SF, 40 feet of street
frontage, side yard setbacks of 10 and 5 feet, and a rear yard setback of 20% or 50 feet. The
proposed Parcel OU-2 is primarily in the I-1 Zoning District, with small portions in the R-1b and
R-2a Zoning Districts. The purpose of the subdivision is for the owner to retain ownership and
control over future environmental remediation activities on the proposed Parcel OU-1, while
allowing for potential future redevelopment of proposed Parcel OU-2. This is an Unlisted Action
under both the City of Ithaca Environmental Quality Review Ordinance and the State
Environmental Quality Review Act and is subject to environmental review. The subdivision
requires an area variance for side yard setback. Emerson Power Transmission is under a consent
order with the NYSDEC for remedial action to address underground chemical pollution at the site.
IMPACT ON LAND
No significant impact to land is anticipated as a result of the proposed subdivision.
IMPACT ON WATER
No significant impact to water is anticipated as a result of the proposed subdivision.
IMPACT ON DRAINAGE
No significant impact to drainage is anticipated as a result of the proposed subdivision.
IMPACT ON AIR
No significant impact to air is anticipated as a result of the proposed subdivision.
IMPACT ON PLANTS AND ANIMALS
No significant impact to plants and animals is anticipated as a result of the proposed subdivision.
IMPACT ON AESTHETIC RESOURCES
No significant impact to aesthetic resources is anticipated as a result of the proposed subdivision.
IMPACT ON HISTORIC RESOURCES
No significant impact to historic resources is anticipated as a result of the proposed subdivision.
IMPACT ON OPEN SPACE AND RECREATION
The tax parcel proposed to be subdivided contains the future alignment for a portion of the
planned Gateway Trail, which will connect downtown Ithaca and South Hill neighborhoods to the
future Black Diamond Trail (BDT), via the old Lehigh Valley Railroad alignment and an existing
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bridge over Route 13 at the entrance to the City. The Black Diamond Trail is a major local and
State-supported trail initiative that will connect Robert H. Treman, Buttermilk Falls, Allan H.
Treman and Taughannock Falls State Parks. The New York State Office of Parks, Recreation, and
Historic Preservation (OPRHP) describes the trail in the executive summary of the Black Diamond
Trail Final Master Plan/Environmental Impact Statement:
“The Black Diamond Trail is a 15-mile, off-road pedestrian and bicycle dedicated trail facility
proposed for Tompkins County, New York. The trail will provide residents and visitors with an
alternate way to travel to several destinations in the county including the four major State Parks
and many other popular community destinations in the City of Ithaca and the Towns of Ithaca and
Ulysses. The trail’s setting includes stream bottomlands, the urban setting of the City of Ithaca
and pastoral rural lands.”
The document identifies the Gateway Trail as a spur trail, connecting the BDT to the South Hill
Recreation Way, describing it on page v-57 of the document:
“The northern spur trail will be developed jointly by the OPRHP, City of Ithaca and Town of
Ithaca as the Gateway Trail. The trail will utilize the Gateway Bridge installed by the City of
Ithaca in 2000 and the OPRHP’s land purchased in 1984. The Gateway Trail is intended to link
the developing trail network in the City of Ithaca to the Town of Ithaca’s trails south and east of
the city. For much of its course, the Gateway Trail will use the abandoned railroad corridor that
traverses the south hill. The trail will also link the City’s south and east neighborhoods to
Buttermilk Falls State Park, the Black Diamond Trail and the City of Ithaca’s developing
Southwest Area, including the future Southwest Natural Area Park.”
In a letter, dated September 4, 2013, from Ed Marx, County Commissioner of Planning and
Community Sustainability, to Lisa Nicholas, Senior Planner, the County determined the project
might have inter-community or county-wide impacts to the former Lehigh Valley Railroad right-
of-way, “which is an important future trail corridor.”
In comments submitted on October 14, 2013 from the Conservation Advisory Council (CAC) to
the Planning and Development Board, the CAC recommended that the Board:
“Clarify public access for the Black Diamond Trail through both OU-1 & OU-2. Secure an
easement or some other means of ensuring the Black Diamond Trail can continue through or
around OU-1.”
In a letter dated October 17, 2013 from Susan Ritter, Director of Planning for the Town of Ithaca,
to Lisa Nicholas, Senior Planner, Ritter writes:
“As you are aware, the Town of Ithaca (with the City of Ithaca and NYS Parks as partners)
received funding several years ago to construct the Gateway Trail along this former railroad
grade. This multiuse trail will connect the South Hill Recreation Way with Buttermilk Falls State
Park and eventually serve as a vital link to the Black Diamond Trail which will also provide
connections to other area trails. Development of this trail has unfortunately been stymied for many
years by the failure to gain legal trail access through the EPT [Emerson Power Transmission]
property. In more recent years, with the property being offered for sale, EPT officials have been
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disinclined to engage in any discussion concerning a trail easement to allow access on their
property. While disappointing, the prospect for sale of the property has given the Town hope that
a solution would be reached with an eventual new owner who would see the value and opportunity
this multiuse trail would offer in any redevelopment of the site.
Upon approval of this subdivision, a key piece of the proposed trail will remain in EPT ownership,
and it is our fear that the company will remain a disinterested party to the future of the Gateway
Trail. The current subdivision request, therefore, presents an important opportunity to actively
engage in dialogue with EPT officials to find and explore concrete solutions for trail access; one
that addresses EPT's security and maintenance needs, while still ensuring a viable trail
connection. The Town urges the City to postpone any decision on the subdivision request until
meaningful and constructive discussions take place on the future of this very important community
asset.”
In comments received October 18, 2013, the City Transportation Engineer, Tim Logue, writes:
“The old railroad right of way through this property is a critical component of a proposed city-
wide network of interconnected, multi-modal pathways that Public Works and Planning have
considered in a draft trail plan for the City. In fact, the network has a very real potential to expand
into a trail system of regional significance, with connections to the NYS Black Diamond Trail, the
City’s Cayuga Waterfront Trail, and the Town of Ithaca’s South Hill Recreation Way and
Gateway Trail. This proposed 25 mile trail network would have limited intersections with
vehicular traffic and would connect the South Hill, Inlet Valley, West Hill, Northside and Fall
Creek neighborhoods with the waterfront, numerous state parks and important commercial
districts. The benefits could be significant in the realms of transportation, recreation, economic
development (including tourism), and public health. It would be very wise to include this trail right
of way in the continued and coordinated planning for growth and development in this area.”
On October 17, 2013, representatives from the Town and the City met with the applicant on site to
discuss a potential trail alignment.
Mitigation Required by Lead Agency:
• The Lead Agency requires that a continuous permanent easement for the Gateway Trail be
established and recorded on the final subdivision plat before subdivision approval is granted.
The easement should allow for construction, public use, and maintenance of the future trail
and should either follow the preferred alignment — that which follows the former railroad
right of way — or an equivalent feasible alignment that is agreeable to the City.
IMPACT ON TRANSPORTATION
Refer to narrative and mitigation under “Impact to Open Space and Recreation.”
IMPACT ON ENERGY
No significant impact to energy is anticipated as a result of the proposed subdivision.
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IMPACT ON NOISE AND ODORS
No significant impact to noise and odors is anticipated as a result of the proposed subdivision.
IMPACT ON PUBLIC HEALTH
No significant impact to public health is anticipated as a result of the proposed subdivision.
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
Refer to narrative and mitigation under “Impact to Open Space and Recreation.”
In favor: Acharya, Blalock, Elliott, Jones-Rounds, Randall, Schroeder
Opposed: None
Absent: Fernández
Vacancies: None
CEQR Resolution
On a motion by Elliott, seconded by Schroeder:
WHEREAS: an application has been submitted for review and approval by the City of Ithaca
Planning and Development Board for a Minor Subdivision of City of Ithaca Tax Parcel 1#06.-1-8
in the City of Ithaca, by Russell E. Maines, for owner, Emerson Power Transmission Corp., and
WHEREAS: the property in question is a contiguous 95.9360-acre property containing City of
Ithaca Tax Parcel #106.-1-8, measuring 32.5 acres, and Town of Ithaca Tax Parcel #40.-3-3,
measuring 63.3 acres. The applicant proposes to subdivide City Tax Parcel #106.-1-8 into two
parcels: Parcel OU-1, measuring 0.9077 acres (39,539 SF), with 279’ of street frontage on South
Cayuga Street and containing two underground storage tanks, two buildings totaling
approximately 800 SF, portions of a parking lot totaling approximately 5,000 SF, and an access
road for “Building 18;” and Parcel OU-2, measuring 31.5923 acres (1,376,161 SF)with
approximately 900 feet of frontage on South Aurora Street, 118.5 feet of frontage on South
Cayuga Street, 542.7 feet of frontage on West Spencer Street, and 157.9 feet of frontage on Stone
Quarry Road, containing portions of multiple buildings, parking areas, access roads, and internal
circulation roads. The proposed Parcel OU-1 is in both the Industrial (I-1) Zoning District, which
requires a minimum lot size of 5,000 SF, 50 feet of street frontage, side yard setbacks of 12 and 6
feet, and a rear yard setback of 15% or 20 feet, and the R-3b Zoning District, which requires a
minimum lot size of 4,000 SF, 40 feet of street frontage, side yard setbacks of 10 and 5 feet, and a
rear yard setback of 20% or 50 feet. The proposed Parcel OU-2 is primarily in the I-1 Zoning
District, with small portions in the R-1b and R-2a Zoning Districts. The purpose of the
subdivision is for the owner to retain ownership and control over future environmental remediation
activities on the proposed Parcel OU-1, while allowing for potential future redevelopment of
proposed Parcel OU-2. The subdivision requires area variances for side yard setbacks on both
proposed parcels. Emerson Power Transmission is under a consent order with the NYS DEC for
remedial action to address underground chemical pollution at the site, and
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WHEREAS: this is considered a Minor Subdivision, in accordance with the City of Ithaca Code,
Chapter 290, Article 1, §290-1, Minor Subdivision – Any subdivision of land resulting in creation
of a maximum of one additional buildable lot, and
WHEREAS: this is an Unlisted Action under both the City of Ithaca Environmental Quality
Review Ordinance and the State Environmental Quality Review Act and is subject to
environmental review, and
WHEREAS: on October 22, 2013, the Planning Board, being the local agency that has primary
responsibility for approving and funding or carrying out the action, declared itself Lead Agency in
the environmental review of the action, and
WHEREAS: this Board, acting as Lead Agency in environmental review, has on October 22, 2013
reviewed and accepted as adequate: a Full Environmental Assessment Form (FEAF), Part 1,
submitted by the applicant, and Parts 2 and 3, prepared by Planning staff; plans entitled
“Preliminary Plan, Lands of Emerson Power Transmission Corporation, Sheets 1-3,” prepared by
LEHR Land Surveyors, dated 7/3/13, and revised 10/2/13; and other application materials, and
WHEREAS: the Planning and Development Board recognizes that information received and
reviewed for this subdivision indicates that the resultant parcels require area variances for relief
from side yard setback requirements for properties located in the I-1 Zoning District, and
WHEREAS: The tax parcel proposed to be subdivided contains the alignment for a portion of the
planned Gateway Trail, and
WHEREAS: the City of Ithaca Conservation Advisory Council, the Tompkins County Planning
Department, and other parties have been given the opportunity to comment on the proposed
project and all comments received to date have been considered, and
WHEREAS: the Board has received comments concerning drainage issues originating from the
contiguous Town of Ithaca Tax Parcel #40.-3-3. Such issues would be addressed as part of any
future co-coordinated environmental review for any future development project involving both
said parcel and the contiguous City tax parcel, and
WHEREAS: in the Black Diamond Trail Final Master Plan/Environmental Impact Statement,
NYS Office of Parks, Recreation and Historic Preservation(OPRHP) identifies the Gateway trail as
follows: “The northern spur trail will be developed jointly by the OPRHP, City of Ithaca and
Town of Ithaca as the Gateway Trail. The trail will utilize the Gateway Bridge installed by the
City of Ithaca in 2000 and the OPRHP’s land purchased in 1984. The Gateway Trail is intended to
link the developing trail network in the City of Ithaca to the Town of Ithaca’s trails south and east
of the city,” and
WHEREAS: in a letter, dated September 4, 2013, from Ed Marx, Commissioner of Planning and
Community Sustainability, to Lisa Nicholas, Senior Planner, the County determined that the
project might have inter-community or county-wide impacts in regard to the former Lehigh Valley
Railroad Right-of-Way, “which is an important future trail corridor,” and
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WHEREAS: in a letter, dated October 17, 2013, from Susan Ritter, Director of Planning for the
Town of Ithaca, to Lisa Nicholas, Senior Planner, Ritter writes: “The current subdivision request,
therefore, presents an important opportunity to actively engage in dialogue with EPT [Emerson
Power Transmission Corp.] officials to find and explore concrete solutions for trail access; one that
addresses EPT’s security and maintenance needs, while still ensuring a viable trail connection. The
Town urges the City to postpone any decision on the subdivision request until meaningful and
constructive discussions take place on the future of this very important community asset,” and
WHEREAS: in comments submitted on October 14, 2013 from the Conservation Advisory
Council (CAC) to the Planning and Development Board, the CAC recommended that the Board,
“Clarify public access for the Black Diamond Trail through both OU-1 & OU-2. Secure an
easement or some other means of ensuring the Black Diamond Trail can continue through or
around OU-1,” and
WHEREAS: the Planning and Development Board also finds the proposed subdivision has
potentially significant environmental impacts to Open Space and Recreation, Transportation, and
Growth and Character of Community or Neighborhood, as outlined in the FEAF, Part 3, and
WHEREAS: the Board has required mitigations, as described in Part 3, to “Impact on Growth and
Character of Community or Neighborhood” and “Impact on Open Space and Recreation,” now,
therefore, be it
RESOLVED: that the City of Ithaca Planning and Development Board determines that, subject to
the implementation of the mitigations required in Part 3, the subdivision will result in no
significant impact on the environment and that a Negative Declaration for 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.
In favor: Acharya, Blalock, Elliott, Jones-Rounds, Randall, Schroeder
Opposed: None
Absent: Fernández
Vacancies: None
4. Site Plan Review
A. Cayuga Waterfront Trail ― Phase 2. No Action – Review & Comment Only. The
project includes the construction of approximately 6,000 linear feet of 8’-12’ wide
asphalt/concrete multi-use trail between Cass Park and the Ithaca Farmers’ Market,
including: an asphalt/concrete trail; a new pre-fabricated trail bridge over the Cayuga Inlet; a
modification of the Buffalo Street Bridge over the Flood Control Channel; a new culvert;
landscaping; curb ramps; concrete sidewalks; and various site amenities. This project will
complete the approximately six-mile-long waterfront trail. The New York State Department
of Transportation is currently in the process of acquiring the right-of-way for this project.
SEQR and CEQR determinations were made on September 28, 2004 (Negative Declaration)
and Preliminary Site Plan Approval was also granted on that date. The Planning Board will
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review and comment on this project, but not take formal action, since NYS is concluding
negotiations with the property owner for land acquisition and obtaining owner’s
authorization for the Site Plan Review process.
Logue recapitulated the salient details of the proposed project, noting the drawings are 95%
complete. The construction work would be submitted for bids, for construction in 2014,
requiring just a single construction season.
Schroeder asked about the corner in front of the Chemung Canal Trust Company (the
northwest corner), which seems somewhat awkward: there is no smooth connection between
the trail heading towards the intersection and the four-foot wide linkage. Logue replied the
design team has been limited by the location of the property line; so they simply attempted to
widen the walkway. Schroeder remarked there is a choke-point there, as well. Logue
responded he could remove a little grass and address that choke-point.
Schroeder noted he would like to know what the pre-fabricated bridge would look like, since
it will be so prominent. He would like to see the bridge design and understand its
relationship to the existing bridge. Logue replied the plans currently only delineate all the
basic elements (e.g., height, clear-width, touch-down points, height of railings, etc.). It is the
contractor who would actually create the final design, and then fabricate and install the
bridge. Logue noted the bottom of the railings truss would not be any lower than the existing
bridge. He cannot state for certain how it would relate to the existing bridge. Schroeder
noted that is his principal concern. Logue indicated he would obtain all of that information
for the Board.
Randall asked if the trail would include markings for both pedestrians and bicyclists. Logue
replied the whole trail will not differentiate between the two; however, there would certainly
be space for both.
Acharya asked if cyclists would be able to easily negotiate the angle of the turn from the
bridge heading north, when it leaves Buffalo Street. Logue replied it would be a somewhat
tight turn. Cyclists would need to be cautioned to slow down.
B. Commons Upgrade & Repair Project ― Conditions
Consultant Susannah Ross, Sasaki Associates, Inc., presented an overview of the project
changes since the last Board meeting.
C. South Meadow Marketplace Expansion, 744 S. Meadow St. (former K-Mart), James
A. Boglioli, for Buffalo-Greenbriar Associates, LLC, Owner. Public Hearing &
Recommendation to BZA. The applicant proposes to construct a 14,744-SF addition to the
southern end of the existing 128,879-SF commercial development. The expansion is located
in an area currently occupied by paving and the former garden center of the previous retail
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tenant. Site work will include: re-orientation of the existing drive aisle into the site to
accommodate: the front vestibule of the adjacent retail tenant; installation of a new sidewalk;
relocation of three existing planting beds; a dumpster enclosure; new paving; a decrease of 5
parking spaces; bike parking; striping; and signage. The project is in the SW-2 Zoning
District and is subject to the Southwest Area Design Guidelines (2000). This is an Unlisted
Action under the City of Ithaca Environmental Quality Review Ordinance and the State
Environmental Quality Review Act. This project has been determined by staff to be
consistent with the findings of the 2000 Generic Environmental Impact Statement (GEIS) for
the Southwest Area Land Use Plan and does not require additional environmental review.
The project requires an area variance.
Architect Matthew Oates, Benderson Development Company, LLC, updated the Board on
the project’s current status.
Public Hearing
On a motion by Jones-Rounds, seconded by Randall, and unanimously approved, Chair
Acharya opened the Public Hearing.
Joel Harlan, 307 Ward Heights South, Newfield, spoke in support of the project and
discouraged Planning Board members from henpecking it. He expressed disappointment
with the comparative dearth of large national retailers and restaurants in Ithaca.
There being no further public comments, on a motion by Jones-Rounds, seconded by Elliott,
and unanimously approved, the Public Hearing was closed.
D. Rick’s Rental World, 800 Cascadilla St., Glenn Rick, Applicant & Owner.
Declaration of Lead Agency, Determination of Environmental Significance, Public
Hearing, & Consideration of Modified Site Plan Approval. The applicant is requesting
modifications to the approved site plan, dated October 23, 2012. The applicant proposes to
construct a 1,170-SF storage building at the northern end of the site, for the purpose of rental
equipment storage. The proposed building will be a 16’-tall pole barn on a concrete slab
foundation, with metal siding in colors to match the previously approved new addition. The
applicant is also proposing to move an existing storm drain. The project is in the I-1 Zoning
District. This is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act and is subject to environmental
review.
Architect Christine Place recapitulated the salient details of the proposed project. She
explained that, after the Board approved the original project in October 2012, the applicant
examined the project in more detail and ultimately decided to invest more resources in the
fence. Place also noted the Project Review Committee discussed the building’s orientation:
there was some question as to why the new building was not being constructed in line with
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the existing building. She explained that in order to make the best possible use of the
available space, she designed the building to be parallel to the back lot-line.
Lead Agency Resolution
On a motion by Jones-Rounds, seconded by Schroeder:
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: the City of Ithaca Planning and Development Board has one pending application for
Modified Site Plan Review for Rick’s Rental World, located at 800 Cascadilla Street, by Glenn
Rick, applicant and owner, and
WHEREAS: the applicant is requesting modifications to the approved site plan, dated October
23, 2012. The applicant proposes to construct a 1,170-SF storage building at the northern end of
the site, for the purpose of rental equipment storage. The proposed building will be a 16’-tall
pole barn on a concrete slab foundation, with metal siding in colors to match the previously
approved new addition. The applicant is also proposing to move an existing storm drain. The
project is in the I-1 Zoning District, and
WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act and is subject to environmental
review, 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, now, therefore, be it
RESOLVED: that the City of Ithaca Planning and Development Board does, hereby, declare
itself Lead Agency for the environmental review for the action of Modified Site Plan Approval
for the building addition and site improvements at Rick’s Rental World, at 800 Cascadilla Street
in the City of Ithaca.
In favor: Acharya, Blalock, Elliott, Jones-Rounds, Randall, Schroeder
Opposed: None
Absent: Fernández
Vacancies: None
Public Hearing
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On a motion by Schroeder, seconded by Elliott, and unanimously approved, Chair Acharya
opened the Public Hearing. There being no public comments, on a motion by Blalock,
seconded by Jones-Rounds, and unanimously approved, the Public Hearing was closed.
CEQR Resolution
On a motion by Schroeder, seconded by Jones-Rounds:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
Modified Site Plan Review for Rick’s Rental World, located at 800 Cascadilla Street, by Glenn
Rick, applicant and owner, and
WHEREAS: the applicant is requesting modifications to the approved site plan, dated October
23, 2012. The applicant proposes to construct a 1,170-SF storage building at the northern end of
the site, for the purpose of rental equipment storage. The proposed building will be a 16’-tall
pole barn on a concrete slab foundation, with metal siding in colors to match the previously
approved new addition. The applicant is also proposing to move an existing storm drain. The
project is in the I-1 Zoning District, and
WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act and is subject to environmental
review, and
WHEREAS: the Planning Board, being the local agency which has primary responsibility for
approving and funding or carrying out the action, did on October 22, 2013 declare itself Lead
Agency for the environmental review of the project, and
WHEREAS: the City of Ithaca Conservation Advisory Council and the Tompkins County
Planning Department have been given the opportunity to comment on the proposed project and
any received comments on the aforementioned have been considered, and
WHEREAS: the Board, acting as Lead Agency in environmental review, has on October 22,
2012 reviewed and accepted as adequate: a Short Environmental Assessment Form (SEAF), Part
1, provided by the applicant, and Part 2, prepared by Planning staff; drawings entitled “Proposed
Site Plan With New Equipment Building (A-1)” and “Exterior Elevations - Equipment Building
(A-2),” dated 8/21/13, and prepared by Place Architects; and other application materials, 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 that a Negative Declaration for
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.
In favor: Acharya, Blalock, Elliott, Jones-Rounds, Randall, Schroeder
Opposed: None
Absent: Fernández
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Vacancies: None
Modified Site Plan Approval Resolution
On a motion by Jones-Rounds, seconded by Schroeder:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for
Modified Site Plan Review for Rick’s Rental World, located at 800 Cascadilla Street, by Glenn
Rick, applicant and owner, and
WHEREAS: the applicant is requesting modifications to the approved site plan, dated October 23,
2012. The applicant proposes to construct a 1,170-SF storage building at the northern end of the
site, for the purpose of rental equipment storage. The proposed building will be a 16’-tall pole
barn on a concrete slab foundation, with metal siding in colors to match the previously approved
new addition. The applicant is also proposing to move an existing storm drain. The project is in
the I-1 Zoning District, and
WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act and is subject to environmental
review, and
WHEREAS: the Planning Board, being the local agency which has primary responsibility for
approving and funding or carrying out the action, did on October 22, 2013 declare itself Lead
Agency for the environmental review of the project, 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 on October
22, 2013, and
WHEREAS: the City of Ithaca Conservation Advisory Council and the Tompkins County
Planning Department have been given the opportunity to comment on the proposed project and
any received comments on the aforementioned have been considered, and
WHEREAS: the Board, acting as Lead Agency in environmental review, has on October 22, 2012
reviewed and accepted as adequate: a Short Environmental Assessment Form (SEAF), Part 1,
provided by the applicant, and Part 2, prepared by Planning staff; drawings entitled “Proposed Site
Plan With New Equipment Building (A-1)” and “Exterior Elevations - Equipment Building (A-
2),” dated 8/21/13, and prepared by Place Architects; and other application materials, and
WHEREAS: the City of Ithaca Planning and Development Board, acting as Lead Agency in
environmental review, did on October 22, 2013 make a negative determination of environmental
significance, now, therefore, be it
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RESOLVED: that the City of Ithaca Planning and Development Board does hereby grant
Modified Site Plan Approval to the project, subject to the following conditions:
i. Applicant to work with Planning Division staff to select appropriate species of canopy
trees to be placed in lawn along Cascadilla Street, and
ii. Submission of a revised site plan showing a planting schedule, and
iii. Submission of site details, including building materials and colors, lighting, bike racks,
and signage, and
iv. Approval in writing from the Fire Department that the project meets all its requirements
for fire access.
In favor: Acharya, Blalock, Elliott, Jones-Rounds, Randall, Schroeder
Opposed: None
Absent: Fernández
Vacancies: None
E. Green Street Garage ― Trash & Recycling, 120 E Green St. (Green Street Garage),
Scott Whitham for David Lubin (City of Ithaca, Owner). Intent to Declare Lead
Agency. The applicant is proposing to reconfigure/relocate the trash and recycling area and
rearrange existing ground-level parking and vehicular circulation on the ground floor of the
City-owned Green Street garage. The proposal is to relocate the trash and recycling to the
service alley, south of Center Ithaca. Site work will require: demolition of a portion of the
loading dock; construction of a new ramp and concrete platform along the south side of the
alley; modification of the existing cleanout; and installation of a new access gate, overhead
door, and roof canopy over the dock. Rearrangement of the ground floor of the parking
garage consists of the following: widening the pedestrian walkway under the garage; refitting
the snow storage silo to include materials storage; converting the 7 diagonal spaces into a
loading zone; adding 15 new parking spaces; and creating a loading zone with 3 spaces. The
project is in the CDB-140 Zoning district. This is an Unlisted Action under the City of
Ithaca Environmental Quality Review Ordinance and the State Environmental Quality
Review Act, and is subject to environmental review. The project requires approval by the
Board Public Works and Common Council.
Applicants Noah Demarest and Scott Whitham updated the Board on the project’s current
status.
Lead Agency Resolution
On a motion by Schroeder, seconded by Jones-Rounds:
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
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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
Site Plan Review for changes to the trash, recycling, delivery, and vehicular circulation on the
ground level of the Green Street Garage, by Scott Whitham, for David Lubin (City of Ithaca,
Owner), and
WHEREAS: the applicant is proposing to reconfigure/relocate the trash and recycling area, and
rearrange existing ground-level parking and vehicular circulation on the ground floor of the City-
owned Green Street Garage. The proposal is to relocate the trash and recycling area to the service
alley, south of Center Ithaca. Site work will require: demolition of a portion of the loading dock;
construction of a new ramp and concrete platform along the south side of the alley; modification of
the existing clean-out; and installation of a new access gate, overhead door, and roof canopy over
the dock. Rearrangement of the ground floor of the parking garage consists of the following:
widening the pedestrian walkway under the garage; refitting the snow storage silo to include
materials storage; conversion of the 7 diagonal spaces into a loading zone; the addition of fifteen
new parking spaces; and creation of a loading zone with 3 spaces. The project is in the CDB-140
Zoning District. The project requires approval by the Board Public Works and Common Council,
and
WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance and the State Environmental Quality Review Act and is subject to environmental
review, and
WHEREAS: the City of Ithaca Board of Public Works and City of Ithaca Common Council, both
potentially involved agencies, have consented to the City of Ithaca Planning and Development
Board being Lead Agency for this project, now, therefore, be it
RESOLVED: that the City of Ithaca Planning and Development Board is by way of this resolution
declaring itself Lead Agency in Environmental Review for the proposed project.
In favor: Acharya, Blalock, Elliott, Jones-Rounds, Randall, Schroeder
Opposed: None
Absent: Fernández
Vacancies: None
F. Purity Ice Cream Project Revisions ― Sketch Plan
Applicant John Snyder recapitulated the salient details of the proposed revisions to the
project and displayed a slide presentation, noting that the applicant would not be changing
any of the entrances and would be creating a buffer zone along the edge of the building to
make it safer for cars pulling in. Proposed revisions include a new entranceway to Purity Ice
Cream and the existing building would be entirely renovated, including a new level and a
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green roof area. The building would be reclad with new materials (e.g., brick, metal panels).
The Cascadilla Street parking lot would remain essentially unchanged from the previous
design and would include the anchoring rock sculpture near the entry and the additional tree
requested by the Board. Construction would begin in January 2014. Apartments are no
longer a part of the proposal.
Schroeder expressed disappointment the apartments had been removed. He asked if the
Board would need to amend its environmental review of the project. Nicolas replied, no, the
previously approved environmental review should still apply.
Schroeder noted the northwest corners of the building seem too plain and need more
ornamentation. The Cascadilla Street façade is also somewhat ‘flat’; he would like to see
more three-dimensionality on that façade. Snyder agreed to revise the design accordingly.
G. Ridgewood Road Student Apartments ― Sketch Plan
Applicant Peter Trowbridge recapitulated the salient details of the proposed project, noting
he is representing Steve Bus, Campus Acquisitions, LLC, and Nat Finley, Shepley Bullfinch
Architects.
Trowbridge noted the applicants already appeared twice before the Ithaca Landmarks
Preservation Commission (ILPC) to discuss the project. The applicants just learned about
the proposed rezoning of portions of the Cornell Heights Historic District, from R-U to R-
3aa. As a result, they have now modified and rescaled the design in anticipation of those
changes. Only the lowest portion of the site would be developed, to include 45 dwelling units
in three relatively small 3-story buildings. The project would include a limited amount of
surface-level parking, along with underground parking below the buildings. Elimination of
mature vegetation would be minimized. At this juncture, the applicant is asking for
substantive feedback from the Planning Board.
Schroeder remarked that the view onto the site from Highland Avenue site is sublime in his
estimation. Replacing that kind of view with parking and flat roofs would be a significant
loss to the city. Trowbridge responded that the applicant may be amenable to creating a
green roof, to mitigate some of the visual impact.
Trowbridge suggested having a joint IPLC-Planning Board meeting to hold a single unified
conversation about the project, so the applicant can establish a good understanding of how
the proposed project should be designed. Schroeder agreed holding a joint meeting would be
constructive. No objections were raised.
Nicholas remarked it may make sense to perform the environmental review in collaboration
with the ILPC, for this particular project.
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H. Cherry Street Cross-Fit Gym ― Sketch Plan
Applicant Adam Klausner recapitulated the salient details of the proposed project.
Demos noted the building would house both a boxing gym (Black Irish Boxing) and a
crossfit gym (Crossfit Pallas Gym), with 25% pervious paving and lighting in the parking lot.
He noted the applicants anticipate the City would be responsible for the sidewalk
construction. Acharya responded that the current Site Plan Review Ordinance actually
requires sidewalk installation.
Schroeder noted he would like to see some substantial canopy trees and landscaping on the
site.
Jones-Rounds indicated she would prefer to limit the parking as much as possible.
Elliott expressed concern with the height of the windows, especially on the west façade. He
recommended raising all the windows. He also suggested raising the materials-change
transition on the façade, to break it up a little more. The façade could also be improved with
the inclusion of an ocular window or similar feature in the roof pediment.
4. Zoning Appeals
APPEAL #2920 ― Area Variance, 740 S. Meadow St. (South Meadow Marketplace Expansion)
Appeal of Benderson Development for Ithaca Development Association for a sign variance from Sign
Ordinance, Section 272-7 B. The Sign Ordinance only allows one freestanding monument sign at
each major entrance to a shopping center in the SW-2 Zoning District, where 740 South Meadow
Street is located. Benderson already has one monument sign at another entrance to the shopping
center. At the entrance, north of Panera Bread where Benderson would like to locate this other
monument sign, Staples also has a freestanding sign. Benderson wants to retain the Staples sign, as
well as add the second monument sign. This project is required to go to Site Plan Review. In a
written agreement between the BZA and the Planning Board, it has been decided that the Planning
Board is Lead Agency for projects subject to Site Plan Review, and will undertake determining
environmental significance and any appropriate action at a preliminary hearing or meeting before the
applicant goes before the BZA.
The Board recommends approval of this appeal, as long as the existing Staples sign is removed as a
condition of any future leasing of that portion of the property.
APPEAL #2921 ― Area Variance, 204 N. Cayuga St.
Appeal of Jason Henderson to convert a three-story office building to two floors of office space and
the third floor into two dwelling units. The applicant needs area variances for lack of parking and
off-street loading spaces, lot area, and a side yard deficiency. This is a Type 2 action under City
Environmental Quality Review Section 176-5 (6) and, as such, does not have a significant impact on
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the environment and is otherwise precluded from environmental review under Environmental
Conservation Law, Article 8. In declaring this a Type 2 action, the BZA has no further
responsibilities under the City’s Environmental Quality Review Ordinance.
Members of the Board support this type of mixed use and recommend granting this appeal. Adequate
parking is available in nearby City parking garages.
APPEAL #2922 ― Area Variance, 136 Hudson St.
This is an area variance request. The owner, Linda Schutt, wants to add a set of stairs to a second-
story deck. The property has two front yards. The stairs will encroach into the 25-foot front yard
setback at Prospect Street. This is a Type 2 action under City Environmental Quality Review Section
176-5 (12) and, as such, does not have a significant impact on the environment, and is otherwise
precluded from environmental review under Environmental Conservation Law, Article 8. In
declaring this a Type 2 action, the BZA has no further responsibilities under the City’s Environmental
Quality Review Ordinance.
The submitted materials show two proposed locations for the stairs, with no indication of which
option the appellant wishes to pursue. The Board feels that the option showing the stairs descending
to the right shows greater design compatibility.
APPEAL #2923 ― Area Variance, 742 & 744 S. Meadow St. (Hobby Lobby)
This is an addition of a 1,125-SF vestibule to Hobby Lobby and a 14,744-SF addition to the south end
of Hobby Lobby for another tenant space. Both additions are deficient in street width and front yard
requirements of the SW-2 Zone. Both the Hobby Lobby addition and the new tenant space are
required to undergo Site Plan Review, before a Building Permit can be issued. In a written agreement
between the BZA and the Planning Board, it has been decided that the Planning Board is the Lead
Agency for projects subject to Site Plan Review, and will undertake determining environmental
significance and any appropriate action at a preliminary hearing or meeting before the applicant goes
before the BZA.
Members of the Board recognize that the setback requirements for the zone predate the existing
development and recommend approval of this appeal.
APPEALS #2924 & 2925 ― Area Variance, 620-640 S. Cayuga St. (Emerson Power
Transmission)
Applicant Russell Maines for Emerson Power Transmission Corporation is seeking to divide the
approximately 96-acre parcel into two parcels. The parcel Emerson is retaining contains its chemical
waste clean-up equipment. The shared property line between the two parcels causes each parcel to
have a side yard deficiency, because both parcels will have a zero side yard setback. This project is
seeking a subdivision. In a written agreement between the BZA and the Planning Board, it has been
decided that the Planning Board is the Lead Agency for projects subject to subdivision, and will
undertake determining environmental significance and any appropriate action at a preliminary hearing
or meeting before the applicant goes before the BZA.
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Members of the Board recommend granting this appeal.
6. Old Business
A. Steep Slope Ordinance ― Update
Randall announced that the Conservation Advisory Council (CAC) recently began an
examination of what areas in the city need both riparian buffers and steep slope protection,
which it is in the beginning stages of mapping. Randall noted that Leadership in Energy and
Environmental Design for Neighborhood Development (LEED-ND) model includes great
standards and a good methodology for steep slopes. She should be able to report the results
of the CAC’s efforts at the end of November 2013.
B. Elimination of Transition Zones ― Update
Nicholas indicated she recently asked Planning and Economic Development Committee
Chair Seph Murtagh about when this topic would be considered by the Committee and he
replied, December 2013.
C. Proposed Rezoning of Portions of Cornell Heights Historic District: R-U to R-3aa
Schroeder remarked that the R-3aa zoning requirements were not originally created for an
area like the Cornell Heights Historic District. They were developed for areas more like Fall
Creek, featuring urban streetscapes containing small individual lots, in order to prevent lot
consolidation. Lot sizes in the R-U Zoning District, in comparison, are far larger and more
oddly configured, so Schroeder does not believe rezoning portions of the Cornell Heights
Historic District from R-U to R-3aa is necessarily the ideal way to address recent concerns.
On the other hand, R-3aa may very well be appropriate for other Historic Districts.
Acharya noted he does not believe any analysis has been done of how R-3aa would actually
fit into the Historic District and how it would help to ensure compatibility between the Site
Plan Review Ordinance and the Landmarks Preservation Ordinance.
Schroeder noted the principal benefit of the proposed rezoning would be to prevent the
consolidation of small lots into large lots.
Acharya remarked it seems wrong to maintain minimum parking requirements in R-3aa,
especially in a Historic District. Randall agreed, noting it essentially a form of reactionary
zoning.
7. Reports
A. Planning Board Chair
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DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE
PLANNING AND DEVELOPMENT BOARD
Acharya noted the Sidewalk Ordinance, creating the five new sidewalk Benefit Assessment
Districts, was signed by the Mayor and will go into effect in 45 days (unless a referendum is
triggered, in which case it would not go into effect until 2015).
B. Board of Public Works (BPW) Liaison
None.
8. Approval of Minutes
None.
9. Adjournment
On a motion by Jones-Rounds, seconded by Blalock, and unanimously approved, the meeting
was adjourned at 10:34 p.m.
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