HomeMy WebLinkAboutPB Minutes 2025-06-03
TOWN OF ITHACA PLANNING BOARD
Shirley A. Raffensperger Board Room, Town Hall
215 North Tioga Street
Ithaca, New York 14850
Tuesday, June 3, 2025 6:30 P.M.
AGENDA
1. Persons to be heard.
2. PUBLIC HEARING: Consideration of Final Site Plan & Final Subdivision approval for the
proposed Mirabito convenience store with gasoline sales and Burger King drive-through
restaurant, located at 301 Pine Tree Road. The project involves demolishing the existing 600+/
square foot gas station building and fuel canopy, and the 2,800+/- square foot former Burger King
building, and redeveloping the site with a new 6,000+/- square foot building containing a
convenience store and restaurant with drive-through; gasoline sales; fuel canopy; electric vehicle
charging stations; stormwater facilities; sidewalks/pedestrian amenities; landscaping; and other
site improvements. This is an Unlisted Action under the State Environmental Quality Review
Act. The Planning Board issued a negative determination of environmental significance and
granted Preliminary Site Plan and Preliminary Subdivision approval for this project on February
18, 2025. Cornell University, Owner; James Ballantyne, Napierala Consulting, PC, Applicant;
Brett Hughes, Mirabito Energy Products, Agent.
3. Approval of Minutes.
4. Other Business.
5. Adjournment.
C.J. Randall
Director of Planning
607-273-1747
Members of the public are welcome to attend meetings in person at Town Hall or virtually via Zoom videoconference at
https://us06web.zoom.us/j/83643764382 or by calling (929) 436-2866 and entering Meeting ID: 836 4376 4382. The public will
have an opportunity to see and hear the meeting live and provide comments directly to the Board during Persons to be Heard
and/or Public Hearing.
To watch the meeting live, please visit www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live.
Recorded meetings are viewable at YouTube.com/TownofIthacaVideo.
Written comments can be addressed to the Planning Board (in-person at Town Hall; by mail; or via email at
Planning@townithacany.gov) until noon the day of the meeting. Comments addressed to the Board will be distributed to all
Board members and Applicant(s). Comments received after the posting of the agenda packet (five business days prior to the
meeting) are distributed to the Board on the day of the meeting. Comments are public and become part of the project file.
Applications and associated project materials are available on the Town’s website at https://townithacany.gov/meeting-
calendar-agendas/ under the calendar meeting date.
PB 2025-021 (Filed 6/3) Pg. 1
TOWN OF ITHACA PLANNING BOARD
June 3, 2025
MINUTES
The full video recording of this meeting is available on YouTube @TownofIthacaVideo
(Written comments submitted at the meeting or after posting of the official mailout packet and 24
hours after the meeting can be found in the updated packet online and will be filed permanently
with the project folder along with any other comments received after the post meeting deadline.)
Present: Caitlin Cameron, Chair; Cindy Kaufman, Liz Bageant, Bill Arms, Kelda McGurk, and
Sara Reynolds. Absent - Vince Ferrara
CJ Randall, Director of Planning, Christine Balestra, Senior Planner; Susan Brock, Attorney for
the Town; Dana Magnuson, Senior Code Officer; David O’Shea, Director of Engineering;
Paulette Rosa, Town Clerk
Ms. Cameron opened the meeting at 6:30p.m.
1.Consideration of Final Site Plan & Final Subdivision approval for the proposed
Mirabito convenience store with gasoline sales and Burger King drive-through
restaurant, located at 301 Pine Tree Road. The project involves demolishing the existing
600+/ square foot gas station building and fuel canopy, and the 2,800+/- square foot former
Burger King building, and redeveloping the site with a new 6,000+/- square foot building
containing a convenience store and restaurant with drive-through; gasoline sales; fuel
canopy; electric vehicle charging stations; stormwater facilities; sidewalks/pedestrian
amenities; landscaping; and other site improvements. This is an Unlisted Action under the
State Environmental Quality Review Act. The Planning Board issued a negative
determination of environmental significance and granted Preliminary Site Plan and
Preliminary Subdivision approval for this project on February 18, 2025. Cornell University,
Owner; James Ballantyne, Napierala Consulting, PC, Applicant; Brett Hughes, Mirabito
Energy Products, Agent.
Jim Ballantyne gave a short presentation, noting the revisions per the preliminary site plan
approval conditions and the relocation of the three parking spaces with EV charging stations.
Mr. Arms noted that he liked the new location of the EV parking spaces.
There was some discussion on parking spaces, and Ms. Balestra noted that there was a traffic
study that was done, and the number of parking spaces was indicated, discussed, and approved
previously.
Public Hearing
Ms. Cameron opened the public hearing; there was no one present, and the hearing was closed.
PB 2025-021 (Filed 6/3) Pg. 2
Determination
A change to the draft resolution was made regarding Town access to water infrastructure.
Ms. Brock explained the reasoning for the need for alternate avenues to secure access to the
infrastructure by the Town.
The applicant agreed to the condition.
PB Resolution 2025-021: Final Site Plan/Subdivision Approval
Mirabito Redevelopment Project
301 Pine Tree Road
Tax Parcel No.’s 62.-2-1.121, 62.-2-1.13, 62.-2-1.22
Whereas:
1. This action is consideration of Final Site Plan and Final Subdivision approval for the
proposed Mirabito convenience store with gasoline sales and Burger King drive-thru
restaurant, located at 301 Pine Tree Road. The project involves demolishing the existing
600+/ square foot gas station building and fuel canopy, and the 2,800+/- square foot former
Burger King building, and redeveloping the site with a new 6,000+/- square foot building
containing a convenience store and restaurant with drive-through, gasoline sales, fuel
canopy, electric vehicle charging stations, stormwater facilities, sidewalks/pedestrian
amenities, landscaping, and other site improvements. Cornell University, Owner; James
Ballantyne, Napierala Consulting, PC, Applicant; Brett Hughes, Mirabito Energy Products,
Agent,
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an
uncoordinated environmental review with respect to the project, on February 18, 2025,
made a negative determination of environmental significance, after reviewing and accepting
as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and
Parts 2 and 3 prepared by Town Planning staff,
3. The Planning Board, on June 3, 2025, has reviewed and accepted as adequate: a narrative, a
set of revised drawings titled “Proposed Mirabito Redevelopment Project, 301 Pine Tree
Road, Town of Ithaca, Tompkins County, New York State,” including sheets C-0, C-1, C-2,
C-2.1, C-2.2, C-2.3, C-3 through C-14, prepared by Napierala Consulting, dated 05 May,
2023 and most recently revised 05/08/2025; revised architectural plans titled “Ithaca Store
#46, Mirabito,” including sheets A-107, A-108, A-111, and A-113 through A-116, prepared
by Delta Engineers, Architects & Surveyors, dated 02/06/2025; and sheets A-101 and A-
201, dated 2025.05.09; a subdivision plat titled “Subdivision Map, For Cornell University
Located At, No. 1010 Ellis Hollow Road and No. 301 Pine Tree Road, Town of Ithaca,
Tompkins County, New York,” prepared by T.G. Miller, P.C., dated 4/17/2023 and revised
6/15/2023; and other application materials, and
PB 2025-021 (Filed 6/3) Pg. 3
4. Project plans, and related information, were duly delivered to the Tompkins County
Planning and Sustainability Department per New York State General Municipal Law §§239-
l et seq., and such Department responded in a January 31, 2025, letter from Katherine
Borgella, Tompkins County Commissioner of Planning, pursuant to §§239-l, -m, and -n of
the New York State General Municipal Law, determining that the proposed action will have
no significant county-wide or inter-community impact; now, therefore be it
Resolved:
That the Town of Ithaca Planning Board hereby grants Final Site Plan and Final Subdivision
Approval for the proposed Mirabito Redevelopment Project, as shown on the submitted plans
referenced in Whereas #3 above, with the following conditions to be met:
Prior to Issuance of a Building Permit:
a. Approval by the Town Engineering Department, of all the items related to SWPPP that
are noted on the memo written by David O’Shea, Town Engineer, and Justin McNeal,
Civil Engineer, most recently revised May 12, 2025,
b. Submission, review, execution, and filing of an Operation, Maintenance and Reporting
agreement for the proposed stormwater management facilities, with the Town of Ithaca,
specifying the ownership and maintenance responsibilities for the stormwater system,
including:
i. Submission of an access easement, or other mechanism, to assure Town of Ithaca
access to the stormwater facilities,
ii. Review and approval of the access easement and the Operation, Maintenance, and
Reporting Agreement by the Attorney for the Town and the Town Engineer, and
iii. Town Board authorization to allow the Town Supervisor to sign any necessary
easements and the Stormwater Operation, Maintenance, and Reporting Agreement
associated with the project,
c. Submission for signing by the Planning Board Chair of an original and three dark lined
prints of the approved final subdivision map, revised to state “Pine Tree Road,” instead of
“Judd Falls Road,” prior to filing with the Tompkins County Clerk’s Office; and
submission of a copy of the receipt of filing to the Planning Department,
d. Within six months of the final approval, consolidation of Parcels 1-A, 1-B, and 1-C on
the approved subdivision plat, and submission to the Town Planning Department of a
copy of the completed Tompkins County Consolidated Request form,
e. Either: (i) approval by the Town Board, full execution, and filing of a water easement
granted from Cornell University to the Town of Ithaca for the maintenance and access to
the water infrastructure; such easement shall be satisfactory to the Attorney for the Town
and the Town of Ithaca Director of Engineering, or (ii) a determination by the Attorney
for the Town and Town of Ithaca Director of Engineering that the Town of Ithaca has
sufficient legal means to access and maintain the Town’s water infrastructure.
f.Submission of a copy of any required highway work permits from the Tompkins County
Highway Department.
Moved:Cindy Kaufman Seconded:Sara Reynolds
Vote:ayes —Kaufman,Reynolds,Cameron,Bageant,McGurk,and Arms
Other Business
Ms.Balestra reviewed the next agenda and noted that there is one item for the June 17"meeting,
but no items for the July 1 meeting.The Board decided to wait until the next meeting to
consider cancelling the July 1‘meeting.
Site Visit
The site visit to Southworks is scheduled for June 27"from 9am —noon.
Resolution of Appreciation
Ms.Cameron read a Resolution of Appreciation for Ms.Kaufman’s years of service.
Meeting was adjourned upon a motion and a second;unanimous.
/
/
4,
Paulette Rosa
Town Clerk
PB 2025-021 (Filed 6/3)
TOWN OF ITHACA
———-—--NEW YORK
DEPARTMENT OF PLANNING
215 N.Tioga St 14850
607.273.1747
www.townithacany.us
AFFIDAVIT OF SERVICE BY MAIL AND POSTING &PUBLICATION
STATE OF NEW YORK )SS:.:
COUNTY OF TOMPKINS )
I,Abby Homer,Administrative Assistant for the Town of Ithaca being duly sworn,depose and say,that
deponent is not a party to the actions,is over 21 years of age with a professional address of 215 North Tioga
Street,Ithaca,New York.
That on the 27"day of May 2025,deponent served the within Notice upon the property owners within
500 ft.of the properties and project identified below for:
The Planning Board will hold a public hearing on Tuesday,June 3,2025,starting at 6:30 P.M.on the following
matter:
Consideration of Final Site Plan &Final Subdivision approval for the proposed Mirabito convenience store
with gasoline sales and Burger King drive-through restaurant,located at 301 Pine Tree Road.The project
involves demolishing the existing 600+/square foot gas station building and fuel canopy,and the 2,800+/-
square foot former Burger King building,and redeveloping the site with a new 6,000+/-square foot building
containing a convenience store and restaurant with drive-through;gasoline sales;fuel canopy;electric vehicle
charging stations;stormwater facilities;sidewalks/pedestrian amenities;landscaping;and other site
improvements.This is an Unlisted Action under the State Environmental Quality Review Act.The Planning
Board issued a negative determination of environmental significance and granted Preliminary Site Plan and
Preliminary Subdivision approval for this project on February 18,2025.Cornell University,Owner;James
Ballantyne,Napierala Consulting,PC,Applicant;Brett Hughes,Mirabito Energy Products,Agent.
By depositing same enclosed in a postpaid addressed wrapper,in a post office under the exclusive care
_and custody of the United States Post Office Department within the State of New York,and that the attached
notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on May 27,2025,and the
notice has been duly published in the official newspaper,Ithaca Journal on May 28,2025.
Horner
Ab y Homer,Administrative Assistant
Sworn to before me on Moy SO
'MONICA MOLL_YVoaur CURE Notary Public NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01MO0031400
Qualified in Tompkins County
Commission Expires November 25,2028
TOWN:OF ITHACA
—NEW YORK
Notice of Planning Board Action Near You
You are receiving this notice because you own or live on a property within 500’feet of the proposed action.
This is an effort to inform you and give you an opportunity to learn more and comment if you would like.
TOWN OF ITHACA PLANNING BOARD
PUBLIC HEARING NOTICE
The Planning Board will hold a public hearing on Tuesday,June 3,2025,starting at 6:30 P.M.on the following matter:
_
Consideration of Final Site Plan &Final Subdivision approval for the proposed Mirabito convenience
store with gasoline sales and Burger King drive-through restaurant,located at 301 Pine Tree Road.The
project involves demolishing the existing 600+/square foot gas station building and fuel canopy,and the
2,800+/-square foot former Burger King building,and redeveloping the site with a new 6,000+/-square
foot building containing a convenience store and restaurant with drive-through;gasoline sales;fuel
canopy;electric vehicle charging stations;stormwater facilities;sidewalks/pedestrian amenities;
landscaping;and other site improvements.This is an Unlisted Action under the State Environmental
Quality Review Act.The Planning Board issued a negative determination of environmental significance
and granted Preliminary Site Plan and Preliminary Subdivision approval for this project on February 18,
2025.Cornell University,Owner;James Ballantyne,Napierala Consulting,PC,Applicant;Brett
Hughes,Mirabito Energy Products,Agent.
Members of the public are welcome to attend meetings in person at Town Halil or virtually via Zoom
videoconference at https://usO6web.zoom.us/j/83643 764382 or by calling (929)436-2866 and entering Meeting
ID:836 4376 4382.The public will have an opportunity to see and hear the meeting live and provide comments
directly to the Board during Persons to be Heard and/or Public Hearing.
To watch the meeting live,please visit www.youtube.com/channel/UCC9vycXkJ 6k1VIibjhCy7NQ/live.
Recorded meetings are viewable at YouTube.com/TownoflthacaVideo.
Written comments can be addressed to the Planning Board (in-person at Town Hall;by mail;or via email at
Planning@townithacany.gov)via email until noon the day of the meeting.Comments addressed to the Board
will be distributed to all Board members and Applicant(s).Comments received after the posting of the agenda
packet (five business days prior to the meeting)are distributed to the Board on the day of the meeting.
Comments are public and become part of the project file.
C.J.Randall,Director of Planning
Accessing Meeting Materials Online:Site Plan and Subdivision applications and associated project
materials are accessible electronically on the Town’s website at https://www.townithacany.gov/meeting-
calendar-agendas/under the calendar meeting date.
See full agenda included on reverse side.
ithaca journal
Public Notices
Originally published at ithacajournal.com on 05/28/2025
TOWN OF ITHACA
PLANNING BOARD
PUBLIC HEARING NOTICE
The Planning Board will hold a public hearing on Tuesday,June 3,2025,starting at 6:30
P.M.on the following matter:
Consideration of Final Site Plan &Final Subdivision approval for the proposed Mirabito
convenience store with gasoline sales and Burger King drive-through restaurant,located
at 301 Pine Tree Road.The project involves demolishing the existing 600+/square foot
gas station building and fuel canopy,and the 2,800+/-square foot former Burger King
building,and redeveloping the site with a new 6,000+/-square foot building containing a
convenience store and restaurant with drive-through;gasoline sales;fuel canopy;electric
vehicle charging stations;stormwater facilities;sidewalks/pedestrian amenities;
landscaping;and other site improvements.This is an Unlisted Action under the State
Environmental Quality Review Act.The Planning Board issued a negative determination of
environmental significance and granted Preliminary Site Plan and Preliminary Subdivision
approval for this project on February 18,2025.Cornell University,Owner;James
Ballantyne,Napierala Consulting,PC,Applicant;Brett Hughes,Mirabito Energy Products,
Agent.
Members of the public are welcome to attend meetings in person at Town Hall or virtually
via Zoom videoconference at https://usO6web.zoom.us/j/83643764382 or by calling (929)
436-2866 and entering Meeting ID:836 4376 4382.The public will have an opportunity to
see and hear the meeting live and provide comments directly to the Board during Persons
to be Heard and/or Public Hearing.
.
To watch the meeting live,please visit
www.youtube.com/channel/UCC9vycXkJ6kIVlibjnCy7NQllive.
Recorded meetings are viewable at YouTube.com/TownoflithacaVideo.
Written comments can be addressed to the Planning Board (in-person at Town Hall;by
mail;or via email at Planning@townithacany.gov)via email until noon the day of the
meeting.Comments addressed to the Board will be distributed to all Board members and
Applicant(s).Comments received after the posting of the agenda packet (five business
days prior to the meeting)are distributed to the Board on the day of the meeting.
Comments are public and become part of the project file.
C.J.Randall,Director of Planning
May 28,2025 11338795