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Home My WebLink AboutZBA Packet 2025-03-11 Town of Ithaca Zoning Board of Appeals Tuesday March 11, 2025, at 6:00pm 215 N. Tioga St. AGENDA  Public Hearing and Consider: ZBAA-25-4 Appeal Ithaca College, Owner of 953 Danby Rd; Mabel Gutliph Agent: is seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) and Section 270- 223 (Fences and walls; retaining walls). The proposed sign would exceed 50 square feet for a single sign, exceed the maximum freestanding sign height of 6 feet, and allow for internal illumination, where it is not allowed to be internally illuminated per section 270-254 of Town of Ithaca Code. The proposed fence height would exceed section 270-223 of the Town of Ithaca Code, which allows for a maximum height of 6’. The property is located in the Medium-Density Residential District Zone, Tax Parcel No. 41.-1-30.2  Public Hearing and Consider: ZBAS-25-2 Appeal Ithaca College, Owner of 953 Danby Rd; Mabel Gutliph Agent: is seeking relief from the Town of Ithaca Code, section 225-3 (New buildings required to have sprinkler systems) for a proposal to construct a press box building (professional building) without a sprinkler system. The property is located in the Medium-Density Residential District Zone, Tax Parcel No. 41.-1-30.2  Public Hearing and Consider: ZBAA-25-5 Appeal Cornell University, Owner of 301 Pine Tree Rd, James Ballantyne, Agent: is seeking relief from Town of Ithaca Code section 270-117(1) (yard regulations) for a proposal to reduce the front yard setback, where section 270-117(1) requires a front yard setback of 50’ measured from the highway right-of-way. This portion of the project is located in the Vehicle Fuel and Repair District Zone, Tax Parcel No. 62.-2-1.13  Public Hearing and Consider: ZBAA-25-6 Appeal Cornell University, Owner of 301 Pine Tree Rd, James Ballantyne, Agent: is seeking relief from Town of Ithaca Code section 270-135E (6) (Principal uses authorized by special permit) for a proposal to install a drive-through that would be closer than 60’ to a residential zone. This portion of the project is located in the Community Commercial District Zone, Tax Parcel No. 62.-2-1.22 Comments on the appeal(s) can be made in person or via the ZOOM platform during the meeting. You can also email comments (or questions up until 3pm the day of the meeting) to Codes@townithacany.gov. All comments become part of the official record. Links to the full materials and ZOOM are available on the Town’s website, www.townithacany.gov under “Public Meetings”. Town of Ithaca February 20, 2025 ZBAS-25-2 Zoning Board of Appeals Sprinkler Variance Application Status: Active Submitted On: 1/16/2025 Primary Location 953 Danby Rd Unit Ithaca College Campus Ithaca, NY 14850 Owner Ithaca College Campus 953 Danby Rd Ithaca, NY 14850 Applicant Mabel Gutliph 607-746-2727 mgutliph@clarkcompanies.com 41155 State Highway 10 Delhi, NY 13753 Internal Only-Review Tax Parcel No. 41.-1-30.2 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes Type of Variance Sprinkler Variance Appearance Date for Variance 3/11/25 Variance Code Language Variance Code Section Internal Tasks to be Completed ZBAS-25-2 about:srcdoc 1 of 7 2/20/2025, 11:29 AM Meeting Result (First Appearance) – Materials For GML-239 Were Sent – Public Hearing Notice Was Sent 02/27/2025 Neighbor Notiﬁcation Letters Were Sent 03/03/2025 Date Sign Was Picked-up – Material Packets Sent to ZBA Members 03/03/2025 Applicant's Information Applicant is* Contractor Is the primary point of contact for application diﬀerent than the applicant?* No If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request* The press box is considered and administrative building and therefore is required to have a sprinkler system. A sprinkler variance is being requested due to the size of the press box (144 sf) and intermittent use (sporting events) and therefore there will not be signiﬁcant jeopardy to human life. Sprinkler Variance Criteria Form ZBAS-25-2 about:srcdoc 2 of 7 2/20/2025, 11:29 AM Examples of Information for Question (1.): - Estimated cost of a sprinkler system for this structure - Cost of the structure or assessed value - Size and shape of structure (architectural drawings) - Presence or absence of water or heating systems in structure 1. Will the strict application of the Sprinkler Chapter of the Town Code create a practical diﬃculty or unnecessary hardship?* Yes Proof: The press box is a 144 sf seasonal use building with no water installed. Examples of Information for Question (2.): - Building use and layout (ﬂoor plan) - Site Plan (location of building on property and relation to other structures) - Building construction materials and methods - Occupancy and number of occupants - Forms of alternative mitigation 2. Will the omission of an approved sprinkler system from all or part of the building signiﬁcantly jeopardize human life?* No Proof: The press box is a 144 sf seasonal use building with limited occupancy. ZBAS-25-2 about:srcdoc 3 of 7 2/20/2025, 11:29 AM Aﬃdavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Mabel Gutliph Jan 16, 2025 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop oﬀ during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buﬀalo St side of Town Hall Historical Only Address aﬃliated with request Attachments ZBAS-25-2 about:srcdoc 4 of 7 2/20/2025, 11:29 AM Project Narrative and Sprinkler Variance Request.pdf Uploaded by Mabel Gutliph on Jan 16, 2025 at 11:20 AM IC Site Plan Set Sealed 12.17.24.pdf Uploaded by Mabel Gutliph on Jan 16, 2025 at 11:21 AM REQUIRED Short Form EAF Track and Throw Area.pdf Uploaded by Mabel Gutliph on Jan 16, 2025 at 11:20 AM REQUIRED Owners Auth-Cert Form - signed.pdf Uploaded by Mabel Gutliph on Jan 16, 2025 at 11:20 AM REQUIRED Record Activity Mabel Gutliph started a draft Record 01/16/2025 at 11:12 am Mabel Gutliph added ﬁle Project Narrative and Sprinkler Variance Request.pdf 01/16/2025 at 11:20 am Mabel Gutliph added ﬁle Owners Auth-Cert Form - signed.pdf 01/16/2025 at 11:20 am Mabel Gutliph added ﬁle Short Form EAF Track and Throw Area.pdf 01/16/2025 at 11:21 am Mabel Gutliph added ﬁle IC Site Plan Set Sealed 12.17.24.pdf 01/16/2025 at 11:21 am Mabel Gutliph submitted Record ZBAS-25-2 01/16/2025 at 11:22 am OpenGov system altered payment step Payment, changed status from Inactive to Active on Record ZBAS-25-2 01/16/2025 at 11:22 am OpenGov system altered inspection step Application In-take Review, changed status from Inactive to Active on Record ZBAS-25-2 01/16/2025 at 11:22 am OpenGov system assigned inspection step Application In-take Review to Lori Kofoid on Record ZBAS-25-2 01/16/2025 at 11:22 am Narrative Survey and/or Plans Environmental Assessment Form Letter or Email of Authorization ZBAS-25-2 about:srcdoc 5 of 7 2/20/2025, 11:29 AM Town of Ithaca February 20, 2025 ZBAA-25-4 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 1/16/2025 Primary Location 953 Danby Rd Unit Ithaca College Campus Ithaca, NY 14850 Owner Ithaca College Campus 953 Danby Rd Ithaca, NY 14850 Applicant Mabel Gutliph 607-746-2727 mgutliph@clarkcompanies.com 41155 State Highway 10 Delhi, NY 13753 Internal Only-Review Tax Parcel No. 41.-1-30.2 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 3/11/25 Variance Code Language Variance Code Section ZBAA-25-4 about:srcdoc 1 of 9 2/20/2025, 2:25 PM Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 02/20/2025 Deadline for Hearing Notice to Journal 2/27/25 Public Hearing Notice Was Sent 02/27/2025 Neighbor Notiﬁcation Letters Were Sent 03/03/2025 Date Sign Was Picked-up – Material Packets Sent to ZBA Members 03/03/2025 Historical Only Address aﬃliated with request Status Applicant's Information Applicant is* Contractor Is the primary point of contact for application diﬀerent than the applicant?* No If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. ZBAA-25-4 about:srcdoc 2 of 9 2/20/2025, 2:25 PM Description Brief Description of Variance Request* We are requesting an area variance for the height of the Hammer/Discus Cage, Chain Link Fence and the Scorebaord and associated sign panel. The height of the cage and chain link fence are necessary for spectator safety and the height of the scoreboard and sign panel are necessary for spectator viewing. Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: 3. Is the requested variance substantial?* No ZBAA-25-4 about:srcdoc 3 of 9 2/20/2025, 2:25 PM Reasons: 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: 5. Is the alleged diﬃculty self-created?* No Reasons: Aﬃdavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. ZBAA-25-4 about:srcdoc 4 of 9 2/20/2025, 2:25 PM Digital Signature* Mabel Gutliph Jan 16, 2025 Meeting Date 03/11/2025 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop oﬀ during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buﬀalo St side of Town Hall Attachments Project Narrative and Area Variance Request.pdf Uploaded by Mabel Gutliph on Jan 16, 2025 at 10:54 AM IC Site Plan Set Sealed 12.17.24.pdf Uploaded by Mabel Gutliph on Jan 16, 2025 at 10:29 AM Short Form EAF Track and Throw Area.pdf Uploaded by Mabel Gutliph on Jan 16, 2025 at 10:30 AM Owners Auth-Cert Form - signed.pdf Uploaded by Mabel Gutliph on Jan 16, 2025 at 10:31 AM Narrative Survey and/or Plans Environmental Assessment Form Letter or Email of Authorization ZBAA-25-4 about:srcdoc 5 of 9 2/20/2025, 2:25 PM , TOWN OF ITHACA : NEW YORK DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us SITE PLAN REVIEW OWNER’S AUTHORIZATION & CERTIFICATION FORM We hereby affirm that I/we am/are the owner(s) of the property located at: Property Address/Location(s): City: State: Zip Code: Tax Map and Parcel Number(s): By signing below, I/we authorize the individual(s) identified in the following section to act as my/our authorized agent regarding any and all site plan application(s) made to the Town of Ithaca Planning Board for the activities described. The individual(s) identified below shall remain in this capacity regarding any applications and subsequently issued permits related to these activities indefinitely unless an express written request to terminate this authorization, signed by me, is submitted to the Town of Ithaca Planning Department. we also certify that I/we have caused the land to be surveyed and the site plan to be prepared; that I/we agree and guarantee to construct the project and any required infrastructure elements in the manner presented by the finally approved site plan; and that I/we make any dedications indicated on the final site plan. Project/Activity for which Application is being made: Signature of Owner(s):__, SS Leta! Date: —— f Signature of Owner(s): Date: Printed Owner(s) Name: < Steve Dayton Printed Owner(s) Name: Printed Name of Applicant/ Owner's Authorized Agent: Address: City: ‘State: Zip Code: Telephone Number: Email Address: Signature of Applicant/Agent: Date: Once completed, please submit this form to the Town of Ithaca Planning Department. 5/1/2022 953 Danby Road Ithaca NY 14850 41.-1-30.2 Ithaca College Yavits Running Track and Field 12/16/2024 Burton F. Clark Inc DBA Clark Companies 41155 State Highway 10 PO Box 427 Delhi NY 13753 607-746-2727 mgutliph@clarkcompanies.com 12/16/2024 CLARK COMPANIES 607-746-2727 P.O. Box 427, Delhi, N.Y. 1375 Fax 607-746-3107 An Affirmative Action/Equal Opportunity Employer Visit us on the web at www.clarkcompanies.com January 16, 2025 Town of Ithaca Zoning Board of Appeals Town Hall 215 N. Tioga St. Ithaca, NY 14850 RE: Ithaca College Running Track – Area Variance The construction of the Running Track and associated Throw Events at the Ithaca College Campus includes the installation of a Hammer/Discus Cage at 22’ High, Chain Link Fence at 12’ High and a Scoreboard and Sign Panel at 16’ High. These heights for the throw events are necessary for spectator safety and the height of the scoreboard and sign panel are necessary for spectator viewing. As per code 270-223 of the General Provisions, fences are limited to a maximum height of 6 feet. Restricting the chain link fence and hammer/discus cage height to 6 ft or less will not provide adequate safety for viewing spectators. Restricting the scoreboard and sign panel to 6 ft or less will not provide adequate viewing of the track event results. On behalf of Ithaca College, we are requesting an Area Variance on the heights of the Hammer/Discus Cage, Chain link fence and Scoreboard and Sign Panel. Thank you, Mabel Gutliph Town of Ithaca February 7, 2025 ZBAA-25-5 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 1/16/2025 Primary Location 301 Pine Tree Rd Unit East Hill Plaza Mirabito Ithaca, NY 14850 Owner Cornell Real Estate Department 15 Thornwood Dr 15 Ithaca, NY 14850 Applicant James Ballantyne 315-682-5580 jballantyne@napcon.com 110 Fayette Street Manlius, NY 13104 Internal Only-Review Tax Parcel No. 62.-2-1.13 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 3/11/25 Variance Code Language Variance Code Section ZBAA-25-5 about:srcdoc 1 of 10 2/7/2025, 2:45 PM Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 02/07/2025 Deadline for Hearing Notice to Journal 2/27/25 Public Hearing Notice Was Sent 02/27/2025 Neighbor Notiﬁcation Letters Were Sent 03/03/2025 Date Sign Was Picked-up – Material Packets Sent to ZBA Members 03/03/2025 Historical Only Address aﬃliated with request Status Applicant's Information Applicant is* Owner's Agent Is the primary point of contact for application diﬀerent than the applicant?* Yes Name of Primary Point of Contact* Napierala Consulting, P.C. Phone Number 315-682-5580 ZBAA-25-5 about:srcdoc 2 of 10 2/7/2025, 2:45 PM Email Address* jballantyne@napcon.com If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request* As it relates to the proposed Mirabito Redevelopment project located at 301 Pine Tree Road, the project proposes a new convenience center with fuel sales and an attached restaurant oﬀering drive-thru service. Front yard setback relief for the principal structure (50' setback required, 30.1' is provided/proposed, a setback relief of 19.9' is requested). Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: As initially requested by the Planning Department to site the building close to the road, it is not anticipated that it would have an undesirable change in the character of the neighborhood. The parcel currently is proposed to remain utilized for convenience center with fuel sales. ZBAA-25-5 about:srcdoc 3 of 10 2/7/2025, 2:45 PM 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: The location of the building within the front yard setback was initially requested by the Town during preliminary sketch plan review meeting with Town Planning prior to the formal application. The Town desired the store be close to the road and the gasoline canopy be located in the rear of the parcel. 3. Is the requested variance substantial?* No Reasons: This variance request is to align with the Town's recommendation and still provides adequate setback/screening/landscaping along the road frontage. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: The neighborhood currently resides as commercial/retail and land use change is not proposed for this project. The property will remain commercial and thus no impact to physical/environmental conditions is anticipated. 5. Is the alleged diﬃculty self-created?* Yes ZBAA-25-5 about:srcdoc 4 of 10 2/7/2025, 2:45 PM Reasons: It is the desire of the applicant to redevelop the existing site with a new store and provide a greater array of oﬀering to the community. As suchm the new store creates the self-created hardship. As was noted, it was the desire of the Town planning staﬀ and the planning board to locate the building tight to Ellis Hollow Road to provide a streetscape type building element to the corridor. Aﬃdavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Jim Andrew Ballantyne Jan 14, 2025 Meeting Date 03/11/2025 PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop oﬀ during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buﬀalo St side of Town Hall ZBAA-25-5 about:srcdoc 5 of 10 2/7/2025, 2:45 PM Town of Ithaca February 7, 2025 ZBAA-25-6 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 1/16/2025 Primary Location 301 Pine Tree Rd Unit East Hill Plaza Mirabito Ithaca, NY 14850 Owner Cornell Real Estate Department 15 Thornwood Dr Ithaca, NY 14850 Applicant James Ballantyne 315-682-5580 jballantyne@napcon.com 110 Fayette Street Manlius, NY 13104 Internal Only-Review Tax Parcel No. 62.-2-1.13 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 3/11/25 Variance Code Language Variance Code Section ZBAA-25-6 about:srcdoc 1 of 10 2/7/2025, 2:52 PM Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 02/07/2025 Deadline for Hearing Notice to Journal 2/27/25 Public Hearing Notice Was Sent 02/27/2025 Neighbor Notiﬁcation Letters Were Sent 03/03/2025 Date Sign Was Picked-up – Material Packets Sent to ZBA Members 03/03/2025 Historical Only Address aﬃliated with request Status Applicant's Information Applicant is* Owner's Agent Is the primary point of contact for application diﬀerent than the applicant?* Yes Name of Primary Point of Contact* Napierala Consulting, P.C. Phone Number 315-682-5580 ZBAA-25-6 about:srcdoc 2 of 10 2/7/2025, 2:52 PM Email Address* jballantyne@napcon.com If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request* As it relates to the proposed Mirabito Redevelopment project located at 301 Pine Tree Road, the project proposes a new convenience center with fuel sales and an a�ached restaurant oﬀering drive-thru service. Per Town Code Sec�on 270-235E(6), a minimum distance from any por�on of a drive-through lane to any residen�al zone is to be 60'. We are currently showing the proposed drive-through lane approximately 38' from the edge of the nearby "Low Density Residen�al' zone (assumed Ellis Hollow Road centerline). We are reques�ng a variance for relief of 22'. Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: This area previously was utilized for restaurant with drive-thru use and is actively used for convenience store/fuel sales. No undesirable change in the character of the neighborhood is anticipated. ZBAA-25-6 about:srcdoc 3 of 10 2/7/2025, 2:52 PM 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: It was initially requested by the Planning Department that the proposed fuel canopy be located in the back of the property and the building be located closer to the road. Due to this and the proposed layout of the building, the drive-thru must be sited in its proposed location on-site. 3. Is the requested variance substantial?* No Reasons: The requested relief still leaves a majority of the initially required setback in- place. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: The variance is related to oﬀering drive-thru services for the property. Due to previous drive-thru services being oﬀered in this area, no anticipated adverse impact to physical or environmental conditions are anticipated in the neighborhood. 5. Is the alleged diﬃculty self-created?* Yes ZBAA-25-6 about:srcdoc 4 of 10 2/7/2025, 2:52 PM Reasons: It is the desire of the applicant to redevelop the existing site with a new store and drive-thru services for a reduced scale Burger King restaurant. As such, the new store creates the self-created hardship. As was noted, it was the desire of the Town staﬀ planners and the planning board to locate the building tight to Ellis Hollow Road to provide a streetscape type building element to the corridor. In the design of the drive-thru circulation, the lane driveway encroaches on the Town Code requirement that the drive-thru lane be 60' from the Low Density Residential zone on the other side of Ellis Hollow Road. Aﬃdavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By ﬁling this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staﬀ to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a ﬁrst-come ﬁrst-serve basis and that all documents ideally be submitted forty-ﬁve (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* James A. Ballantyne Jan 16, 2025 Meeting Date 02/25/2025 ZBAA-25-6 about:srcdoc 5 of 10 2/7/2025, 2:52 PM PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop oﬀ during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buﬀalo St side of Town Hall Attachments 2025-01-08_Code_Dept._Review_DEV-23-2_Tue_Jan_14_2025_13-32-49.pdf Uploaded by James Ballantyne on Jan 16, 2025 at 4:07 PM Mirabito Redevelopment Project Narrative for ZBA Variance Application.pdf Uploaded by James Ballantyne on Jan 16, 2025 at 4:07 PM Property Survey.pdf Uploaded by James Ballantyne on Jan 16, 2025 at 4:07 PM 2024-12-30 Revised SEAF Part-1.pdf Uploaded by James Ballantyne on Jan 16, 2025 at 4:07 PM Owner No-Objection Letter 01-16-25.pdf Uploaded by James Ballantyne on Jan 16, 2025 at 4:08 PM C-3 Layout Plan.pdf Uploaded by James Ballantyne on Jan 16, 2025 at 4:08 PM Determination/Denial Letter Narrative Survey and/or Plans Environmental Assessment Form Letter or Email of Authorization C-3 Layout Plan.pdf ZBAA-25-6 about:srcdoc 6 of 10 2/7/2025, 2:52 PM Cornell University Real Estate Department January 16,2025 15 Thornwood Drive Ithaca,New York 14850 T.607.266.7866 F.607.266.7876 www.fcs.cornell.edu/real-estate Town of Ithaca AUn:Zoning Board of Appeals 215 N.Tioga Street Ithaca,New York 14850 Re:Mirabito Holdings,Inc.variance requests for TI!#62.-2-1.13 Dear Town of Ithaca ZBA; Cornell University,owner of the above referenced tax parcel,does not object to Mirabito Holdings,Inc.,or their designated Agents,applying for 2 variances from the Town of Ithaca Zoning Code relating to: 1)Front yard setback relief,and 2)Location of the proposed drive-through within 60’of the nearby ‘Low Density Residential’zone. Should you have any questions,please contact Kristin E.Gutenberger at keg7,cornell.edu or 607-266-7872. CC:Jared Pittman,Esq.,OGC Cornell University Matt Napierala,Napierala Consulting Brett Hughes,Mirabito Holdings,Inc. Very truly yours, Jeremy E.Thomas Associate Vice President,Asset Management Cornell University is an equal opportunity,affirmative educator and employer 110 F A Y E T T E S T R E E T M A N L I U S , N E W Y O R K 13104 P H 31 5 -6 82 -55 8 0 • F A X 3 15 -68 2 -5 54 4 • E M A I L :M N A P @N A P CO N . C O M Project Narrative –Mirabito Energy Products Re-Development Location: 301 Pine Tree Road Ithaca, NY 14850 Parcel Size ±1.6 acres (Proposed, contingent on subdivision approval) Owner: Cornell Real Estate Department 15 Thornwood Drive Ithaca, NY 14850 Attn: Kristin Gutenberger Applicant: Mirabito Energy Products PO Box 5306 The Metro Center – 49 Court Street Binghamton, NY 13902 Attn: Brett Hughes Contacts: Project Site Engineer Napierala Consulting, P.C. (315) 682-5580 Project Narrative: Mirabito Energy Products (Mirabito) is proposing to demolish their existing building and re-develop the site located at 301 Pine Tree Road. This site will include a +/- 6,000 square foot building for a new Mirabito convenience store with separate fuel canopy, along with an adjoining fast-food restaurant with drive-thru. The redevelopment will be constructed on an adjusted parcel, expanding the size of the 301 Pine Tree Road parcel (Parcel 1) and decreasing the 1010 Ellis Hollow Road parcel size (Parcel 2). Both parcels are currently owned by Cornell. The project site is within the Town of Ithaca’s Vehicle Fuel and Repair (VFR) zone and Community Commercial (CC) zone. All aspects of the proposed convenience store, fueling station, and fuel storage area will be entirely kept within the VFR zoned portion of the parcel. Similarly, all aspects of the proposed fast-food restaurant with drive-thru will be entirely kept within the CC zoned portion of the parcel. The fast-food restaurant with drive-thru will require a Special Permit. Parcel 2 will be left undeveloped at this time. Along with the building construction, the site changes include additional parking and circulation patterns while retaining the existing full access driveways on Pine Tree Road and Ellis Hollow Road and cross access to the shopping plaza to the north. Additional improvements include a new sidewalk along the property frontage, a patio seating area, improved landscaping, and site lighting. Stormwater management will be designed to meet the current standards by NYSDEC and discharge from the site similar to existing conditions. Public utilities including sewer, water, electric, natural gas currently serve the parcel and no new services are being proposed. Given that Mirabito and a fast-food restaurant are currently operating on this site, the proposed project will have negligible impact on traffic and trip generation. Variances are required for a relief of the building’s 60’ front yard setback and as well the location of the drive-thru lane within 60’ of the residential zone across Ellis Hollow Road. During initial sketch plan review of the project, the project team met with the Town Planning Staff in 2022, it was discussed locating the proposed building close to Ellis Hollow Road to provide a streetscape type building element along the street corridor. As well, it is the applicant’s desire to redevelop the parcel and improve their commercial offerings. Therefore, aligning with Town Code requirements to meet the required 60’ front yard setback has proven to be difficult. By seeking these variances, the applicant hopes to still provide improved commercial offerings, while meeting the desires of the town planning department to provide a streetscape element to Ellis Hollow Road and maintain the fuel canopy in the rear of the parcel. DEPARTMENT OF CODE ENFORCEMENT 215 N. Tioga St 14850 607.273.1783 codes@townithacany.gov RE: Code Dpt. Review of DEV-23-2 Mirabito Redevelopment 310 Pine Tree Rd. From: Town of Ithaca Code Enforcement Department Dear Planning Department, Please see the below comments and questions pertaining to application DEV-23-2: 1. Sheet C-3 a. There are items identifying “MIN.” on the “site criteria checklist” table that do not appear to be minimums identified by the Town of Ithaca Code. Please clarify if these items are intended to be minimums in the table on sheet C-3. b. Max building area is identified as 11%, where the maximum building area is identified as 30%, per Town Code (270-118). Please clarify what is intended with the 11% building area. c. The front yard setback is identified as 30.1’, where the Town requires a front yard setback of 50’. If 30.1’ is desired, an area variance will need to be applied for and granted by the Zoning board of appeals. d. The rear yard setback is identified as being 117.8’. The gas station canopy building/structure appears to be closer than 117 feet from the rear yard setback property boundary line. Please identify what the rea yard setback distance is to the canopy building/structure. e. The front yard setback indicates that it is 30.1’, but it is unclear what it is being measured to. The front yard is to be measured from the building façade to the highway/street right-of-way. If the right-of-way is being measured to, please identify this on the plans. f. The building size is identified as “6000 SF PRINCIPAL, 860 SF ACESSORY”. It appears that the accessory building size is not representative of the canopy building/structure. Please update the plans to reflect the proper square footage of all buildings /structures on site. 2. The fire apparatus access plan does not appear to be provided. Please submit a fire apparatus access plan showing the Ithaca Fire Department auto turn path. Please also identify the distances from the canopy building/structure to the edge of curbing to verify maneuverability of emergency vehicles. 3. Please provide a location of the closest fire hydrant with distances measured to and around the proposed building to verify compliance with 507.5.1 (NYSFC 2020). 4. Please provide the fire flow calculation with the method utilized to verify compliance with section 507.1 (NYSFC 2020). 5. Please provide a sign calculation package, with placement locations and heights for free standing signs to ensure compliance with section 270-256 of the Town Code. 6. Sheet C-8 identifies an exterior light fixture mounting height of 16’, please identify the total height of the exterior light pole. 7. Sheet C-10 identified a fence post height of 7’. Fencing is allowed to be a maximum of 6’ in height, including the posts, per section 270-223 of the Town Code. If a fence height of 7’ is desired an area variance will need to be applied for an approved by the Zoning Board of Appeals. a. Please note that section 270-223 also requires fences to be closed where there is a possibility of human impact. Since the open chain-link-fence can cause injury to human impact, this fence is required to be closed at the top. 8. Section 270-135E.(6), of the Town Code, requires that the minimum distance from any portion of the drive though lane to any residential zone be 60’. Currently, the zone boundary for Low Density Residential zone ends approximately 36’ from the closest portion of the drive though. In order to have the drive though in the proposed location, an area variance would need to be applied for and granted by the Zoning Board of Appeals. 9. Please note that the Town has a more restrictive local law that requires sprinklers for certain occupancies. This use would appear to require sprinklers in accordance with chapter 225 of the Town of Ithaca. n n n n n n n n n n EVEVEV EV n n n n n n n n n n n nn n n n n n n nn n n n n n n EVEVEV EV PR O J E C T N O . DA T E SC A L E SH E E T MA T T H E W R . N A P I E R A L A , P . E . NY S R E G I S T R A T I O N # 0 6 8 7 3 3 PL A N S E A L B Y : PR E P A R E D B Y : CO P Y R I G H T C 2 0 2 4 NO . R E V I S I O N / I S S U E SH E E T T I T L E : DA T E PR E P A R E D F O R : PR O J E C T T I T L E : 11 0 F AY E T T E STR E E T MAN L I U S , NEW YOR K 13 1 0 4 em a i l : MN A P @ N A P C O N . C O M PH : (3 1 5 ) 6 8 2 - 5 5 8 0 FA X : (3 1 5 ) 6 8 2 - 5 5 4 4 N A P I E R A L A C O N S U L T I N G PR O F E S S I O N A L E N G I N E E R , P . C . SI T E D E S I G N E N G I N E E R I N G IT I S A V I O L A T I O N O F L A W F O R A N Y PE R S O N , U N L E S S A C T I N G U N D E R T H E DI R E C T I O N O F A L I C E N S E D A R C H I T E C T , PR O F E S S I O N A L E N G I N E E R , L A N D S C A P E AR C H I T E C T , O R L A N D S U R V E Y O R T O AL T E R A N Y I T E M O N T H I S D O C U M E N T I N AN Y W A Y . AN Y L I C E N S E E W H O A L T E R S T H I S DO C U M E N T I S R E Q U I R E D B Y L A W T O A F F I X HI S O R H E R S E A L A N D T H E N O T A T I O N "A L T E R E D B Y " F O L L O W E D B Y H I S O R H E R SI G N A T U R E A N D S P E C I F I C D E S C R I P T I O N OF T H E A L T E R A T I O N S . NA P I E R A L A C O N S U L T I N G PR O F E S S I O N A L E N G I N E E R , P C MI R A B I T O E N E R G Y P R O D U C T S 30 1 P I N E T R E E R O A D TO W N O F I T H A C A T O M P K I N S C O U N T Y , N Y MI R A B I T O E N E R G Y P R O D U C T S TH E M E T R O C E N T E R - 4 9 C O U R T S T R E E T P. O . B O X 5 3 0 6 BI N G H A M T O N , N Y 1 3 9 0 2 LA Y O U T P L A N 20 - 1 8 9 0 05 M A Y 2 0 2 3 1" = 2 0 ' C- 3 PRE L I M I N A R Y FOR P L A N N I N G RE V I E W O N L Y RE V I S I O N S P E R T O W N E N G I N E E R I N G / C O U N T Y C O M M E N T S 0 6 / 0 2 / 2 3 1 RE V I S I O N S P E R O W N E R C O M M E N T S 0 6 / 1 4 / 2 3 2 RE V I S I O N S P E R T O W N A N D O W N E R C O M M E N T S 0 5 / 0 7 / 2 4 5 3 R E C O N F I G U R E D R I V E T H R U A R E A 0 7 / 2 4 / 2 3 4 R E C O N F I G U R E D R I V E T H R U A R E A 0 8 / 3 0 / 2 3 GE N E R A L R E V I S I O N S 1 1 / 2 1 / 2 4 6 RE V I S I O N S P E R T O W N C O D E S C O M M E N T S 0 1 / 1 4 / 2 5 7 FIRE TRUCK CIRCULATION PATH Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval:NO YES 3.a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□ Forest Agriculture □ Parkland Page 2 of 3 5.Is the proposed action, a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES N/A 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES 7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES 9.Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local ag ency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for EAF Mapper Summary Report Wednesday, November 23, 2022 9:13 AM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. Part 1 / Question 7 [Critical Environmental Area] No Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] No Part 1 / Question 12b [Archeological Sites]Yes Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] No Part 1 / Question 15 [Threatened or Endangered Animal] No Part 1 / Question 16 [100 Year Flood Plain]Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 / Question 20 [Remediation Site]No 1Short Environmental Assessment Form - EAF Mapper Summary Report Page 2 of 2 HOW TO ACCESS ZOOM: Virtually - Go to www.zoom.us - Click Join Meeting - enter Meeting ID 852-5587-1576 – the Host will let you in. By Phone - Call (929) 436-2866 - You will be prompted to enter the Meeting ID: 852- 5587-1576 - the Host will let you in. The recording of the meeting is archived on the Town’s YouTube Live Meeting Channel. Youtube.com/@TownofIthacaVideo.