HomeMy WebLinkAboutPB 2025-021 Mirabito Final site subdivision approval
PB 2025 – 021 Pg. 1
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
Town of Ithaca Planning Board, June 3, 2025
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
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:
PB 2025 – 021 Pg. 2
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