HomeMy WebLinkAbout43.-1-2-2 -2-3 College Circle TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, APRIL 15, 2002
7 : 00 P.M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, April 15 ,
2002, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00
P.M. , on the following matters :
APPEAL of Deborah Valentine, Appellant, Attorney Paul Tavelli, Agent, requesting a variance from the
requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to
maintain an existing two-family home with a north side yard building setback of 7 ± feet from an attached
garage ( 10 foot setback required) at 120 Pine Tree Road, Town of Ithaca Tax Parcel No. 58-2-20,
Residence District R- 15 .
APPEAL of Conifer Realty LLC, Appellant, John Fennessey, Agent, requesting a variance from the
requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a of
New York State Town Law, to be permitted to create, by land subdivision, building lots not having
frontage on a Town, County, or State highway near 1300 Mecklenburg Road, Town of Ithaca Tax Parcel
No. 27- 1 - 13 . 12 and 13 . 16, Residence District R- 15 .
APPEAL of John Tilitz, Appellant, requesting a variance from the requirement of Article V, Section 21
and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a single-family home on a
building lot having a lot width of 60 feet at the roadside and at the maximum front yard setback, whereas
100 feet and 150 feet respectively is required, near 1447 Trumansburg Road, Town of Ithaca Tax Parcel
No. 23 - 141 .2, Residence District R-30.
APPEAL of Michael and Lorie Lupo, Appellants, requesting a variance from the requirements of Article
V, Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town
Law, to be permitted to build a residence on a building lot having a lot width of 60 feet at the roadside and
at the maximum front yard setback, whereas 100 feet and 150 feet respectively, is required, near 125
Iradell Road, Town of Ithaca Tax Parcel No. 24- 1 -7 .2, Residence District R-30.
APPEAL of George Blanchard, Appellant, requesting a variance from the requirements of Article V,
Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town
Law, in order to create by subdivision, a building lot that does not front on a Town, County, or State
highway near 165 King Road East, Town of Ithaca Tax Parcel No. 44-2-7, Residence District R-30.
Said Zoning Board of Appeals will at said time, 7 :00 p.m. , and said place, hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs, as appropriate, will be provided with assistance, as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior
to the time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated : April 4, 2002
Published : April 8, 2002
L &
FILE k �o
DATE t 10
RESOLUTION NO . 2002- 14 - JMS RealtV, 1033 Danby Road , Town of Ithaca Tax Parcel No. 43 , M
1 =2 . 2 and 41 - 1 -2 . 3 , April 15 , 2002 .
MOTION made by Harry Ellsworth , seconded by Ronald Krantz .
RESOLVED , that this board grants the appeal of JMS Realty , requesting modifications to previously
granted approvals for the College Circle Apartments from January 24 , 1990 and variances from
Article VI , Section 26 and 29 , and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to
permit an increase in the number of persons allowed to reside in said apartments and to allow for
vehicular parking variations at 1033 Danby Road , Town of Ithaca Tax Parcel No . 43- 1 -2 . 2 and 2 . 3 in
a Multiple Residence Zone based upon the following :
Findings :
The requirements for an area variance have been met .
Conditions :
All conditions imposed by the planning board in their Resolution No . 2002 -33 are also included as
conditions of this resolution .
The vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Stotz , Krantz , Niefer.
NAYS : None .
ABSTAIN : None .
The motion was declared to be carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA :
I , Carrie Whitmore , Tewn-Clerk/Deputy Town Clerk of the Town of Ithaca , New York , do hereby
certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of
Appeals of the Town of Ithaca at a regular meeting on the 15th day of April 2002 .
ti
Town Clerk/Deputy Town Clerk
Town of Ithaca
Y
b . Ithaca College submitting plans to this Board and obtaining the necessary approvals for the
Town and any other government agencies from which approvals may be required for the
proposed new connector road to provide full vehicular, pedestrian and bicycle access
between College Circle and the Ithaca College campus , and completion of construction of
said connector road to the satisfaction of the Town Engineer, prior to the issuance of any
certificates of occupancy for any buildings in Phase 2 of the College Circle apartments ; and
c . Submission of evidence of a signed long -term agreement between Ithaca College and
Integrated Acquisition & Development Corp . committing to Ithaca College 's leasing ,
management , and supervision of the College Circle Apartments as campus housing (as
described in the College Circle Site Plan Approval Submission dated Feb. 5 , 2002) , with
the contingency that if Ithaca College chooses to terminate or change its agreement with
Integrated Acquisition & Development (or a successor owner) relative to its involvement in ,
management of, and supervision of the College Circle Apartments , their the maximum
occupancy of the project shall be reduced to no more than 690 persons, provided that
Integrated Acquisition & Development Corp . (or a successor owner) provides management
controls on the occupants similar to those provided by Ithaca college and as further
described in the "Site Plan Approval Submission , College Circle Phase Z Supplemental
Information , March 12 , 2002 , " (e . g , at least one on site full time residert director and at
least one resident manager for every 125 occupants) compliance with such provisions to be
confirmed by the Planning Board upon review at that time ; if such controls are not in place ,
the occupancy shall be reduced to no more than 600 persons ; all without prejudice to the
developer to apply for occupancy of up to 750 persons , if it is so advised and if the Zoning
Board of Appeals permits such increased occupancy.
AND BE IT FURTHER RESOLVED :
1 . That the Town of Ithaca Planning Board hereby finds that the requested reduction in size of
parking spaces from the required 180 square feet to requested dimension of 8 1/2 ' x 18 ' is
appropriate for the College Circle development , and recommends that the Zoning Board of
Appeals act favorably on this request .
The vote on the motion resulted as follows :
AYES : Wilcox , Hoffmann , Conneman , Mitrano , Howe , Talty,
NAYS : None ,
ABSTAIN : None .
The motion was declared to be carried unanimously .
1 , Carrie Whitmore , Deputy Town Clerk of the Town of Ithaca, New York , do
hereby certify that the attached resolution is an exact copy of the same adopted by the Planning
Board of the Town of Ithaca at a regular meeting on the 2nd day of April 2002 ,
ToWR Deputy Town Clerk
Town of Ithaca
TOWN OF IT ACA
ZONING BOARD OF APPEALS
SI&WIN SHEET
DATE : April 15 , 2002
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES
PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION
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TOWN OF ITHACA ZONING BOARD OF APPEALS
AGENDA
MONDAY, APRIL 15 , 2002
7 : 00 P . M .
1 ) Decision on College Circle Apartments, adjourned from March 25 , 2002, 1033 Danby Road,
2) Appeal of Deborah Valentine, 120 Pine Tree Road.
3) Appeal of Conifer Realty, Mecklenburg Road.
4) Appeal of John Tilitz, Trumansburg Road.
5) Appeal of Michael and Lorie Lupo, Iradell Road.
6) Appeal of George Blanchard, King Road East,
Andrew S . Frost
Director of Building and Zoning
2734 783
Dated: April 4, 2002
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department
Secretary, Tompkins County, New York ; that the following notice has been duly posted on the sign board of the Town of Ithaca
and that said notice has been duly published in the local newspaper, The Ithaca Journal .
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 215 North Tioea
Street, Ithaca, New York on Monday, April 15, 2002 , commencing at 7 : 00 P. M ., as per attached.
Location of sign board used for posting : Town Clerk Sign Board — 215 North TioQa Street.
Date of posting: April 5, 2002
Date of publication : April 8, 2002
Dani L. Holford, Building and Zoning De artment Secretary,
Town of Ithaca
STATE OF NEW YORK ) SS. :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 8th day of April 2002 .
Notary Public
CARRIE I HITMORE
Notary '?1' ,blic, State dtAiw York
,No . OI WH60UB7.7
o = ,Tioga"County° '
Commission Expir.es December 28,0
6
Donald Weir
930 East Shore Drive
Ithaca, NY 14850
By depositing same enclosed in a post-paid 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.
1 C)
i NAW)
Dam L. Holford
Sworn to before me this 5th day of April, 2002
' Notary - ?ublic -
= CARRIE WHITMORE
Notary ,(5ublic, State of Am York
Tioga County ;
Commission Expires- December 2tL,,U
FILE
DATE
RESOLUTION NO . 2002- 13 = Adjournment of JMS Realty, 1033 Danby Road , Tax Parcel No . 43 , -
1 =2 . 2 and 43 . - 1 -2 . 3 , March 25 , 20028
MOTION made by Kirk Sigel , seconded by James Niefer.
RESOLVED , that this board adjourns the appeal of JMS Realty , requesting modifications to
previously granted approvals for the College Circle Apartments from January 24 , 1990 and variances
form Article VI , Section 26 and 29 , and Article XIII , Section 65 of the Town of Ithaca Zoning
Ordinance , to permit an increase in the number of persons allowed to reside in said apartments and
to allow for vehicular parking variations at 1033 Danby Road , Town of Ithaca Tax Parcel No. 43 . - 1 -2 . 2
and 2 . 3 in a Multiple Residence Zone until the April 15 , 2002 Zoning Board of Appeals meeting .
The vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Niefer .
NAYS : None .
The motion was declared to be carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA :
I , Carrie Whitmore , Deputy Town Clerk of the Town of Ithaca , New York , do
hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board
of Appeals of the Town of Ithaca at a regular meeting on the 25th day of March 2002 ,
Tewn Glerk/Deputy Town Clerk
Town of Ithaca
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
Chairperson Sigel - Any other official business ?
Attorney Barney - Your appeal in the Eddy case is now filed . It is scheduled for argument in May .
Chairperson Sigel adjourned the meeting at 8 : 47 p . m .
Kirk Sigel , Chairperson
Carrie Whitmore ,
Deputy Town Clerk/Deputy Receive of Taxes
30
TOWN OF ITHACA
ZONING BOARD OF APPEALS
SIGN - IN SHEET
DATE : March 25 , 2002
(PLEASE PRINT . TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION
-"Aki21KAAI� I GI3 7aur , ( 9wx f� �ILC ;o� - /�2C,1411ZEc
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FILE -�_
TOWN OF ITHACA ZONING BOARD OF APPEALS DATE
MONDAY, APRIL 15 , 2002
7 : 00 PM
PRESENT : Kirk Sigel , Chairperson ; Harry Ellsworth , Board Member; David Stotz, Board Member;
Ronald Krantz , Board Member; James Niefer, Board Member; Andy Frost , Director of
Building/Zoning ; Randy Marcus , Attorney ; Mike Smith , Environmental Planner,
ALSO PRESENT : Herman Sieverding , IAD ; Tom Salm , Ithaca College ; Deborah Campbell , 1445
Trumansburg Road ; Paul Tavelli , 120 Pine Tree Road ; Tom Gilbert , 15 Thornwood Drive ; Mike &
Lorie Lupo , Iradell Road ; Kim Dunnick, 10 La Grand Court ; Bob Shaw , 313 Roat Street ; John
Fennessey, Conifer Realty .
Chairperson Sigel called the meeting to order at 7 : 06 p . m .
The first appeal to be heard was as follows :
DECISION of College Circle Apartments , adjourned from March 25 , 20029 1033 Danby Road .
This appeal was not recorded due to technical difficulties.
RESOLUTION NO. 2002 44 - JMS Realty, 1033 DanbV Road, Town of Ithaca Tax Parcel No 43. -
1 w2.2 and 43. - 1 -2. 3, April 15, 2002.
MOTION made by Harry Ellsworth, seconded by Ronald Krantz.
RESOLVED, that this board grants the appeal of JMS Realty, requesting modifications to previously
granted approvals for the College Circle Apartments from January 24, 1990 and variances from
Article Vl, Section 26 and 29, and Article Xlll, Section 65 of the Town of Ithaca Zoning Ordinance, to
permit an increase in the number of persons allowed to reside in said apartments and to allow for
vehicular parking variations at 1033 Danby Road, Town of Ithaca Tax Parcel No. 43- 1 -2. 2 and 2. 3 in
a Multiple Residence Zone based upon the following:
Findings:
The requirements for an area variance have been met.
Conditions:
All conditions imposed by the planning board in their Resolution No. 2002-33 are also included as
conditions of this resolution.
The vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer.
NAYS: None.
ZONING BOARD OF APPEALS
APRIL 15 , 2002 MINUTES
APPROVED
ABSTAIN: None.
The motion was declared to be carried unanimously.
The second appeal to be heard was as follows :
APPEAL of Deborah Valentine , Appellant , Attorney Paul Tavelli , Agent , requesting a variance from
the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to
maintain an existing two-family home with a north side yard building setback of 7 ± feet from an
attached garage ( 10 foot setback required ) at 120 Pine Tree Road , Town of Ithaca Tax Parcel No . 58-
2-20 , Residence District R- 15 .
Paul Tavelli , 120 Pine Tree Road - I 'm the attorney agent for the current owner, Deborah Valentine .
This is the home that I grew up in so I assume I have more knowledge about this house than anyone
else . This house was built 41 years ago this month . My father and I built it when the Town of Ithaca
was a little quieter and a little gentler. It was the first house as you go up Pine Tree Road on the hill .
There were a lot of houses on the top , but none of them were in what we called the Marion Fields in
those days . My father and I built it when I was in college . In those days , I 'm sure Randy even
remembers , they did not have surveyors as frequently as we do now. We laid this thing out
ourselves . We built this house in 1961 . My parents lived there thirty- some years . They have now
passed away . They sold it to Deborah Valentine . When she obtained the mortgage , she found out
that the north side setback was just 7 . 6 feet from Carmichaels . The Carmichaels have been there as
long as I remember.
I would submit that this is almost a textbook case for an area variance . I ' m sure you are far more
familiar with 267b of the Town Law than I am with criteria for area variances . This is on the garage
side . There really is no way to rectify it . I submit the character of the neighborhood has been the
same for the last 41 years . This mistake is something that just happened . I think I was probably the
one who got the building permit . I 'm not even sure if it was at Rachel Hanshaw2s place up on
Hanshaw Road or where in those days because I don 't think there were town offices back in 1961 . 1
would submit that an area variance in this particular case would be appropriate .
Chairperson Sigel - It appears that the house to the south is practically on the property line .
Mr. Tavelli - No . You are talking about Turnbull , which is the house to the south . That is quite a ways
from the property line .
Mr. Frost - I would just say that what he is looking at , Paul is a tax map .
Mr. Tavelli - I can 't tell you how far . The r house is tothe lot linehbutl itesdnot when I
top ofdthelot
25 years ago . I can 't speak to how close the
lane .
Mr . Smith - Those buildings were digitized from aerial photographs . They are not accurate .
Mr . Frost - In the photograph that is from the south you will see that . . .
2
t FILE
DATE o
ADOPTED RESOLUTION : RESOLUTION NO . 2002 -33
Preliminary and Final Site Plan Approval
College Circle Apartments Phase 2
1033 Danby Road
Town of Ithaca Tax Parcel No . ' s 43-1 -2.2 and 43-1 -2.3
Planning Board , April 2 , 2002
MOTION made by Rod Howe , seconded by Tracy Mitrano ,
WHEREAS :
1 . This action is consideration of Preliminary and Final Site Plan Approval for the proposed
modifications to the approved site plan for development at College Circle Apartments located
at 1033 Danby Road , Town of Ithaca Tax Parcel No . 's 43- 1 -2 . 2 and 43- 1 -2 . 3 , Multiple
Residence District . The proposed development includes the construction of 60 apartments
that were previously approved by the Town in 1988 , with some proposed modifications to the
parking , building layout and circulation . The proposal also includes a community center
building , Ithaca College campus integration infrastructure and a request for additional
apartment occupancy. Ithaca College proposes to enter ' into a long-term agreement with
Integrated Acquisition and Development to operate and maintain the College Circle
Apartments as campus student apartment housing . J . M . S . Reality , Owner; Integrated
Acquisition & Development Corp . , Applicant , and
2 . This is a Type I Action for which the Town of Ithaca Planning Board , acting as lead agency in
environmental review with respect to Site Plan Approval , has , on March 5 , 2002 , made a
negative determination of environmental significance , after having reviewed and accepted as
adequate a Full Environmental Assessment Form Part I , submitted by the applicant , and a Part
II prepared by Town Planning staff , and
3 . The Planning Board , at Public Hearings held on March 5 , 2002 and April 2, 2002 , has
reviewed and accepted , drawings and details included within the bound submission titled "Site
Plan Approval Submission — College Circle Phase 2 , " dated February 5 , 2002 , "Supplemental
Information , " dated March 12 , 2002 , and "Final Site Plan Submission , " dated March 25 , 20027
and other application material , and
NOW THEREFORE BE IT RESOLVED :
1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary
and Final Site Plan Approval , as shown on the checklists , having determined from the
materials presented that such waiver will result in neither a significant alteration of the purpose
of site plan control nor the policies enunciated or implied by the Town Board , and
2 . That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan
Approval for the proposed modifications to the approved site plan for development at College
Circle Apartments located at 1033 Danby Road , Town of Ithaca Tax Parcel No . 's 43- 1 -2 . 2 and
43- 1 -2 . 3 , as shown on drawings and detail sheets included within the bound submission titled
"Site Plan Approval Submission — College Circle Phase 2 , " dated February 5 , 2002 ,
"Supplemental Information , " dated March 12 , 2002 , and " Final Site Plan Submission , " dated
March 25 , 2002 , and other application material , subject to the following conditions :
a . Submission of a revised Planting Plan for approval by the Director of Planning , to
include native , non - invasive plantings on the eastern edge of the site
to provide a buffer with the neighboring property , prior to issuance of any building
permits ;
b . That any blasting on the site shall occur only on weekdays between the hours of 8 am
and 5 pm ;
C . That a routing plan for trucks hauling material off of the site shall be submitted for
review and approval of the Town Engineer, prior to issuance of any building permits,
and that such truck traffic shall occur only on weekdays between the hours of 8 am and
5 pm ;
d . Submission of record of application for and approval status of all necessary permits
from county, state , and/or federal agencies , prior to issuance of any building permits ;
e . Submission of an agreement , prior to the issuance of any building permits, satisfactory
to the Director of Engineering and the Attorney for the Town pursuant to which Ithaca
College and the Developer agree to maintain the stormwater diversion detention and
piping facilities on their respective properties together with an agreement to the Town
allowing it to repair any damage to or remove obstructions from any such facility and
back charge the costs of such activities to the landowner where the problem needed to
be corrected ;
f . Submission of an original of the final site plan on mylar, vellum or paper, to be retained
by the Town of Ithaca , prior to the issuance of any building permits ;
g . Obtaining the necessary variance regarding reduction in size of parking spaces , prior to
issuance of any building permits ;
h . Construction of the drainage channel and culvert shown on sheet C503 to be completed
to the satisfaction of the Director of Engineering , prior to the beginning of any other site
work that will divert water to such channel and culvert .
i . Submission of an agreement satisfactory to the Attorney for the Town and the Town
Director of Engineering , pursuant to which Ithaca College grants appropriate drainage
easements over properties owned by Ithaca College that are necessary for the
construction and maintenance of the drainage facilities for the project .
AND BE IT FURTHER RESOLVED :
1 . That the Planning Board hereby approves the requested increase in total occupancy of the 149
apartment units in the College Circle development from the previously approved 600 persons
to a total not to exceed 750 persons , subject to the following conditions , and recommends that
the Zoning Board of Appeals act favorably on the same request for increase in occupancy :
a . Obtaining approval for the same increase in occupancy from the Zoning Board of Appeals
( as a modification of the ZBA' s condition in the variance which was granted in 1990) ; and
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
AYES: Sigel, Ellsworth, Niefer.
NA YS: None.
The motion was declared to be carried unanimously.
Chairperson Sigel - Is it the case , John , that we couldn 't approve this given the current state of it
before the Planning Board ?
Attorney Barney - Yeah , the current state before the County Planning Department ,
Chairperson Sigel - Oh , it' s the referral to the County .
Attorney Barney - When it was originally referred , there was a . . . at the time it was contemplated that
there would be no fill removed from the site . It would all be cut and fill . Since that time , it appears
that there is going to be substantial fill removed . That was never brought to the County so when they
did their 239 review they gave the usual we don 't care kind of thing . But they almost simultaneously
gave us another response on another project where 7500 cubic yards of fill were being moved and
they said they felt that did have impact . They disapproved that without certain conditions . So we felt
really it would be inappropriate to proceed on this one without them being aware of the fact that there
was a substantial amount of fill being taken off site .
The papers have gone back to the County . We haven 't heard back from them yet. They have 30
days from when they receive them . You could just go ahead and hold the public hearing , discuss the
matter. Comments not audible.
Mr. Frost - What we are doing , I don 't know if you guys overheard part of this , is there was a problem
with filing a form with the County over what this project is doing at the Planning Board level .
Therefore , this board cannot make a decision until some of the issues with the County are resolved .
This case will come to the Zoning Board of Appeals in April for a decision , but we already have six
cases . So we will have a total of seven of cases to be heard in April . With that in mind , we decided
to follow through with the public hearing tonight to at least get some of the issues out of the way. So
that in April we could spend much less time . The intent here is for people to make a presentation ,
open the public hearing and then you don 't have a decision to be made until the April meeting .
Attorney Barney - The only question that I would have is , are all three of you planning to be at the
April meeting ?
Mr. Niefer - Yes .
Attorney Barney - Because it would be a little painful for three of you to hear it , which is the minimum
number of people . . .
Mr. Ellsworth - Is Dave going to be back then ?
18
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
Attorney Barney - Yeah , but the problem is he wouldn 't have heard the presentation tonight . He
would need to make his decision based on the minutes and things like that , which I am sure Carrie
will have done .
Mr. Ellsworth - It looks like a good night for public hearings .
Chairperson Sigel - You ' re going to be here next month ?
Mr. Ellsworth - Yeah .
Mr. Frost - The motive here simply was to , because we already have six cases this will make seven
cases , is to try to efficiently use the time we have tonight to carry over the decision .
Chairperson Sigel - Okay .
The fifth appeal to be heard was as follows :
APPEAL of JMS Realty , Owner/Applicants , Integrated Acquisition and Development
Corporation/Herman Sieverding , Agent , requesting modifications to previously granted approvals for
the College Circle Apartments form January 24 , 1990 and variances from Article VI , Section 26 and
29 , and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to permit an increase in the
number of persons allowed to reside in said apartments and to allow for vehicular parking variations
at 1033 Danby Road , Town of Ithaca Tax Parcel No . 41 - 1 -2 . 2 and 2 . 3 in a Multiple Residence Zone .
Chairperson Sigel - Would somebody like to . . . ?
Herman Sieverding , IAD - I work with Integrated Acquisition and Development . With me are Tim
Colbert and Tom Colbert and Phil Perjanski from Integrated Acquisition and Development and Tom
Salm , Vice President of Business Affairs at Ithaca College . Brian Mc Aree , who is the Vice President
of Students Affairs at Ithaca College , was going to be here as well , but given the weather side of that
it was probably better for him to stay home .
I think you have the application that we prepared that has a narrative description of the two variances
that we ' re seeking . One is actually a modification of a condition to a variance that was granted to this
property in 1990 . That variance had to do with the number of unrelated individuals occupying a
dwelling unit . The Zoning Board of Appeals at the time that that variance was granted made a
condition to that variance , essentially repeating a condition that the Planning Board had imposed
when it did site plan review for that project in 1988 and 1989 . That limited the occupancy of the
property to no more than 600 persons . So one of our requests is to modify the condition to that
variance that would allow an increase in occupancy to a maximum of 750 persons .
The second request is an area variance relative to parking . The Town of Ithaca Zoning Ordinance
stipulates that parking stalls or parking spaces be 180 square feet . Typically that translates into a 9
by 20 parking space . Our site plan and site plan discussions with Planning Board have been based
on utilizing an 8 foot 6 by 18 parking space in front of the apartments . The 9 foot by 18 foot . n front of
the proposed community building , which is in the center of the circle . Each of those spaces is less
19
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
than 180 square foot that is stipulated in the ordinance , 152 or 163 square feet respectively. So we ' re
asking for an area variance from that particular provision .
I guess we could start with the modification discussion first ?
Chairperson Sigel - Sure .
Mr. Sieverding - We have proposed and have been discussing with the Planning Board a proposal
whereby Integrated Acquisition would acquire the College Circle property and renovate the first
phase , complete the construction of the second phase and then lease the property to Ithaca College .
Ithaca College would operate and manage the property .
Why are we doing this ? Several reasons I think as we explained in the narrative . Ithaca College has
identified housing demand of somewhere between 600 to 800 beds . This demand has been
identified by the college over a series of strategic plans and master plans . The most recent master
plan , which I think has been presented to various boards and committees of the Town and that ,
stipulated the demand for 600 to 800 beds . We believe that College Circle provides an opportunity to
respond to that demand in a way that we feel has certain benefits I think both for Ithaca College and
for the Town . It 's a site that is already approved for 449 apartments albeit with the stipulation that the
occupancy can 't exceed 600 persons . We believe that by developing this relationship with Ithaca
College it will bring stronger, more comprehensive management to the site.
I think the reasons that we 've outlined here that would support modifying this condition are several .
think there are both significant additional capital and operating expenses that will be incurred as part
of the overall redevelopment of the property . In terms of capital expenses , our site plan proposal to
the Planning Board includes I think four major elements . There is the community building that is in
the center of the site . It is a 7 , 885 square foot building . A connector road , which will be on the north
end of the site that would establish a direct physical connection between the College Circle property
and the main campus . The campus , Ithaca College is proposing to extend its data and voice
networks systems to all of the apartments at College Circle . The college is proposing to extend its
blue light system . In fact , our site plan now shows 18 blue lights scattered throughout the property.
All those are sorts of initial capital expenses that weren 't initially anticipated when the project was first
developed .
In terms of operating expenses , the college has prepared a pretty comprehensive staffing and
management plan for the property . That includes a live- in Resident Director. It includes Resident
Assistants at about a ratio of 1 for every 100 to 125 students who will reside in the property . The
campus will extend all of its security and life safety patrol and services to the College Circle property.
The Ithaca College physical plant group will maintain the College Circle property . There would be a
number of programs and corresponding staffing that would be run out of the community building .
Again , I think all of those features add additional operating costs to the property that weren 't originally
anticipated , but that we feel are absolutely essential in terms of improving the management of the
property.
Chairperson Sigel - Can you tell me what is the capacity of the units currently built ? How many
occupants ?
20
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
Mr. Sieverding - There are or will be once the second phase is completed a total of 600 bedrooms .
There are 149 apartments . It ' s a mix of two bedroom , three bedroom and four bedrooms .
Chairperson Sigel - What is the capacity of what is built now?
Mr. Sieverding - I ' m sorry . There are 89 apartments with 324 beds . We are proposing to add 60
apartments with 276 beds .
Chairperson Sigel - When you say 324 beds that is in some cases two people in a bedroom ?
Mr . Sieverding - No . The 600 is at one person per bedroom . What is being proposed is that certain
bedrooms would have double occupancy in order to get to the 750 occupants .
Chairperson Sigel - Okay , So currently there are 324 bedrooms . . .
Mr. Sieverding - In the first phase of the property .
Chairperson Sigel - And they hold at most 324 people ?
Mr. Sieverding - Correct .
Chairperson Sigel - And you are looking . . . will the capacity be exactly 750 for the new proposed ?
Mr. Sieverding - I think that Tom can sort of help respond to that . I think that 750 are what I would
call an upset figure that is the targeted number for the college . That would be predicated on doubling
up in some of the bedrooms . If you were to take a look at the floor plans for these apartments there
are any number of bedrooms , but particularly the four and five bedroom apartments and some of the
threes that have bedrooms that are in excessive of 145 or 150 square feet , those are the ones that
have been targeted for double occupancy .
Chairperson Sigel - So , you are looking at increasing it by about 425 occupants ?
Mr. Sieverding - If you are counting the yet to be built second phase .
Chairperson Sigel - Yeah , above what is currently built .
Mr. Sieverding - Above what is currently constructed .
Chairperson Sigel - Presently , 1 assume it is almost all or entirely students in there ?
Mr. Sieverding - Yes .
Chairperson Sigel - So the benefit to Ithaca College is room for 425 more students?
Mr. Sieverding - Yes , over and above what' s been constructed , not over what has been approved .
21
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
Chairperson Sigel - I understand that . And Ithaca College will be running this as college housing ?
Mr. Sieverding - Correct .
Chairperson Sigel - It will be part of the normal college housing system ?
Mr. Sieverding - That ' s right .
Chairperson Sigel - Students will be paying their rent and everything to Ithaca College .
Mr. Sieverding - To Ithaca College , that' s right .
Chairperson Sigel - Rather than a separate leasing agency as it is now .
Mr. Sieverding - That' s exactly right . Resident 's Life will be running the property . As I mentioned ,
there will be a resident director on site who will oversee student activities and behavior on the site .
All of the leasing , all of the operation , all of the management would be by Ithaca College under this
arrangement .
Chairperson Sigel - And Ithaca College will be paying your company , I assume , a lump sum ?
Mr. Sieverding - It 's a master lease lump sum payment .
Chairperson Sigel - I ' m sorry . Go ahead with your. . .
Mr. Sieverding - I think the point I want to make in summarizing the variety of physical improvements
and the annual operating expenses related to running all these programs , I think it really forms the
basis for the request for the increase in occupancy . The project needs to generate additional income
in order to support the variety of physical and programmatic improvements that are being brought to
it . A lot of those physical improvements are designed to really integrate this property into the
campus . Make it feel as if it is part of the campus .
Tom Salm , VP Ithaca College - Can I make a comment ? Let me just remind you that the last time I
was down here we were looking for some additional parking . If you remember, we talked about the
master plan that we were working on or are working on at that time . And if you remember, part of our
strategic plan and in our master plan was to add 600 to 800 beds to the campus . At the time that I
was down here we didn 't know where those were going to be , but we did know that we wanted to go
out and try to find an arrangement with a developer. What turned out to be the best opportunity we
thought was to work with this combination of JMS Realty for purchase of that property . Then work
with the Integrated people to put that together. I say that because this will take care of that need in
our master plan and then it won 't be necessary for us to come back in looking for another complex to
build if we are able to accomplish this . But , we need the beds in that kind of a range in order to deal
with the number of students that we would like to have on campus . Some of you might have
remembered having heard me talk about that . I just thought that might be helpful as background .
22
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
Chairperson Sigel - So does the college view this as the acquisition of effectively 750 beds or . . . ?
Mr. Salm - Absolutely .
Chairperson Sigel - Or just as the difference ?
Mr. Salm - No . It will all be under the purview of the college so it is acquisition of 750 beds. So for us
it is the same as if we had gone out and found a totally separate party to work with us on some kind
of a development and we were intent on doing it with a developer rather than trying to do it ourselves
for financial reasons . They will all be under our control .
Chairperson Sigel - So you don 't feel that effectively the removal of the present . . .
Mr. Salm - The roughly 324 that are there . . .
Chairperson Sigel - Yeah , from the non -college market or from the private market will not affect the
demand for beds on campus?
Mr. Salm - No , because remember it is all Ithaca College students right now . All 324 beds are
currently occupied by Ithaca College students . In essence we are just going to kind of absorb that
and then pick up the 400 plus additional beds to work towards the numbers that we want under our
supervision . Ultimately the students that have been there will either go to live someplace else or they
will live with us and live under our rules .
Chairperson Sigel - Okay .
Mr. Sieverding - I think it should be fair to point out that our discussion relative to this occupancy
level , we spent a quite of bit of time talking to the Planning Board about that , not to confuse matters
here . With the Planning Board , there was a discussion of a two-tier structure in terms of occupancy ; I
think you should be aware of. Seven hundred fifty for the college and because there is a provision in
the agreement whereby after a certain point in time , while we don 't think it is likely , management of
the property could revert to Integrated Acquisition and Development . We had discussed with the
board , I think , a revised occupancy structure for IAD of somewhat less than the 750 , 690 . In fact this
was part of the proposed condition to site plan approval that was discussed with the Planning Board
at the meeting , which the Planning Board agreed with . I think in terms of the economics of that I think
IAD operates at a somewhat different cost structure than the college does . We believe that 690
occupants , we can amortize the cost of the capital improvements that are being made as well as
absorb with the additional beds , the increase operating cost that we will experience . Those operating
costs are in direct relation to trying to match point for point the type of operating programs that the
college is bringing to the property . So where we mentioned before where the college would have a
resident director and resident assistants at this ratio of 1 to 100 or 125 students , we would match that
by having a leasing manager on site and then having assistant managers in that same ratio .
Basically , to fulfill the functions of residents assistants . So point for point , we have matched that . I
think that is basically the essence of our request relative to the modification of this condition .
Chairperson Sigel - How long is the agreement that you ' ve entered into with Ithaca College ?
23
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
Mr. Sieverding - The overall agreement is 40 years . So it is a housing agreement that is 40 years
long , but it does provide this option for management to revert back to Integrated Acquisition .
Chairperson Sigel - Before the 40 years is up ?
Mr. Sieverding - Yes .
Chairperson Sigel - Is there any guarantee for how long Ithaca College will perform the management
functions ?
Mr. Salm - Only as we were to have control of the property , but we do have a responsibility to provide
students to the project for the entire 40 years . So , even if we ' re not managing it , we will put students
there . That is why we along with IAD were interested in seeing a similar kind of supervision to be
continued if the college were to get out of this agreement . It is very unlikely that would occur. This is
a process that occurs nationally in terms of way that colleges and universities work with developers .
The problem is they are both looking for. protections under certain circumstances if things were to
really go sour or enrollment fell by 1 , 000 or 1500 students . They want some assurances . The
reverse is that if we found that if they needed to get out for some reason , they should have the
opportunity as well . The expectation is that we will be in it for the long haul . This is our 750 beds , like
I said , as part of our master plan that we are depending on to use for the next 40 years .
Mr. Sieverding - I think in sort of reading the section of the ordinance that applies to this condition ,
there are a couple of factors or couple criteria that you will be looking at that have to do with whether
or not granting this condition would have any undesirable change in the neighborhood or any adverse
impact on the environment . I think in our narrative I think we tried to spell out why we don 't think
either of those events would occur. I think in terms of density , this is a 30 . 5 acre site . Even at 149
apartments , we are talking about 4 . 8 units per acre , which if you compare that with other multi -family
residential developments in the county , which generally rank between 12 to 18 units per acre . We ' re
substantially lower.
I think parking . . . I think we 've demonstrated in our site plan discussions that particularly by going to
the 8 foot 6 wide stalls , we can provide adequate parking on the site . I think we total 552 spaces on
the final plan . I think , again , relative to your earlier question , the increased occupancy doesn 't involve
any additional building . It doesn 't result in any additional impervious surface being added to the site .
The increase is really gained by doubling up in what are certain pretty large bedrooms in some of
these units . Thus , in terms of environmental impact , there really is no environmental impact that
would be caused by this change .
Similarly , traffic . Traffic , we did a very detailed traffic analysis . SRF Associates did this as part of our
site plan package . They determined that at the numbers that we 've been discussing , there would be
little to no adverse impact on traffic on Route 96 . Particularly , with the construction of a connector
road that will connect the College Circle property to the Ithaca College campus .
Chairperson Sigel - Are the bedroom sizes that you are anticipating having two students , are they at
least as large as similar bedrooms as other on -campus housing that would have two students ?
24
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
Mr. Salm - Yes , in fact , they are larger on balance by far than what we have in our Garden
Apartments . The other place that we have apartments is just the Garden Apartments and they are
quite a bit smaller. We have two , three and four bedroom with three , four and five students in them
now in the Garden Apartments as well .
Mr. Sieverding - These are very large units . I think the four and five bedroom units , Tom correct me ,
are in the range of 2200 square feet . They go down from there . They are very large units .
Everybody who goes into them comments on them . We 've taken just about every various sort of
categorical functions within the college : life safety , maintenance people , and resident 's life . They are
actually quite amazed at how large these units are .
I don 't know if you want to move right into discussion on the parking or . . . ?
Chairperson Sigel - Any other questions ?
Mr. Niefer - Reference is made to traffic studies and traffic flows and so on and the connector road . I
believe there is some reference also made to some type of a bus service from this complex over to
the main campus . Is that going to be Ithaca College bus service or is it going to be TCAT service ?
Mr. Sieverding - It is going to be TCAT service . In fact , Tom Salm , Tom Colbert and I along with
several other people at Ithaca College met with Rod Ghering and Dewight Mingle just today to sort of
refine a proposal for TCAT service that we would like to have in place no later than August of 2003 .
August of 2003 is the scheduled completion date for the new construction . That's really when the
occupancy levels we are talking about would be hit . I think that the Planning Board will have as a
stipulation to our site plan approval that the connector road be completed at that time . It would be
within that time frame that we would also like to have the TCAT bus service in place .
Chairperson Sigel - Will that service be primarily to get off campus or also within campus?
Mr. Sieverding - The route that we discussed today would actually go through the College Circle
property and through campus . There are two different alternatives that we ' re discussing with them .
One is the modification of an existing route , route 11 . The other is the creation of a new route . The
new route , if we go that way , would primarily serve the campus . Although , it is likely that it would also
go down to upper South Hill . Down Coddington Road , across Hudson Place , circulate by Hudson
Heights and then go back up through campus , College Circle and then back again . Route 11 is an
existing route . We are also looking at reversing that route and bringing it up Aurora Street . Right
now it comes up Coddington , circulates through College Circle and campus . Go back down to Green
Street , turn around and come back up .
Chairperson Sigel — How far is it from these units to say where students would typically go for
classes ? Is it anticipated that students would typically walk that or . . . ?
Mr. Sieverding - Ideally , it would be a combination of walking and taking TCAT service if we had the
bus . I think we estimated that the walk from College Circle to the main portion of campus is probably
in the 12 to 15 minute range .
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ZONING BOARD OF APPEALS
MARCH 25 , 2002 MINUTES
APPROVED
Chairperson Sigel - Okay .
Mr. Salm - They do it now . Remember, again , that it is full of Ithaca College students right now and
we get a mix .
Mr. Sieverding - You see them walking back and forth .
Chairperson Sigel - I assume now , few if any , take TCAT .
Mr. Sieverding - Right , because there is no bus service .
Mr. Salm - TCAT doesn 't service up there right now . That is one of the things that we are working on
a plan . Again , if you remember my discussing parking , we finally, finally got started with free bus
passes for all of our employees . That started just two weeks ago . We are doing discounted bus
passes for our students now . We want to extend that also to Longview . Route 11 did get changed
around to go to Longview once an hour. We would like to extend that so that we have Longview
twice an hour as well as College Circle and College Circle being serviced on the interior road . I think
we will get a lot more play . That is what we are working on .
Chairperson Sigel - Any other questions at this time ? Go ahead , did you want to talk about the
parking ?
Mr. Sieverding - Yeah , the other request is an area variance relative to the parking . I think without
getting into a detailed discussion on sort of the evolution of parking spaces , the fact of the matter is
that increasingly parking space sizes have really evolved . I think over the years from the standard
180 square feet , 9 by 20 stall down to typically 8 foot 6 by 18 . 1 think that is the standard most
commonly used . I know it is the standard in the City of Ithaca Zoning Ordinance . It is the standard
that is used at Cornell . That standard has really been arrived at , I think , through a series of studies
that have been conducted by the National Parking Association in conjunction with the Urban Land
Institute . In fact , if you were to look at the most recent edition of the Dimensions of Parking , which
was just published in January of 2000 , they've established a size relative to the type of landuse in
question and whether you are talking about parking spaces that turn over frequently versus less
frequently , low , medium , high rate of turn over. I think the kind of parking that we are talking about
here at College Circle is low turn over parking . The recommendation that they make is that a stall
that is 8 foot 6 is adequate to serve that type of parking demand . I think that is true more so when
you take a look at the overall geometry of your parking lot . Parking stall sizes is also a function of the
size of the drive lane that is servicing those parking stalls . The standard parking module is 59 to 60
feet curb to curb . We have 61 feet . So if you have 18 feet parking stalls , that leaves you a little over
12 foot drive lanes . Again , it makes movement in and out of these parking spaces that much easier.
Mr. Ellsworth - What are you doing ? Coming down from 9 foot to 8 . 5 foot to get more parking on the
width ?
Mr. Sieverding - Exactly right . The way the math works out is that generally , I think it is about every
18 or so spaces that you do on a 9-foot stall , if you do on an 8 foot 6 , you pick up an additional
parking space . So by changing this layout on the site , we can pickup an approximately an additional
26
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
30 parking spaces . Where we are not doing this in terms of the 8 foot 6 parking stall width is in the
center of the site in front of the community building . I think those spaces you can anticipate will turn
over maybe a little more frequently than the spaces in front of the apartments . So in that case , we 've
kept the spaces 9 feet wide .
Mr. Ellsworth - And you 're still keeping your proper percentage of handicap parking ?
Mr. Sieverding - Yes .
Mr. Ellsworth - They get two spaces for one to open their door and get in their chair.
Mr. Sieverding - You have sort of their access lane and if you were to track what we thought we could
get in terms of the overall number of parking spaces and what we ended up , by the time we added , I
think we have six handicap parking spaces distributed around the site , we ended up losing a. total of
12 parking spaces in order to create that . So , we are still at 552 spaces .
Mr. Ellsworth - A full size car can go into an 8 . 5 foot space ?
Mr. Sieverding - Yeah .
Mr. Niefer - The standard garage door opening is 9 feet . It is surprising that up on the college there is
medium to small size cars predominately on that area right now . Over half of them are medium to
small size cars so they are narrower to begin with .
Mr. Sieverding - They are . Actually , at College Circle we spent over a two week period counting
empty parking spaces and the number of large vehicles that are parked , particularly SUV's because
we were concerned about that . At College Circle , only 15 percent of the vehicles there are in the
SUV category .
Mr. Ellsworth - As long as you didn 't do that study last week .
Mr. Sieverding - It wasn 't spring break . I think area variances require you to take a look at five
different criteria . We tried to address in the narrative each of those criteria . Undesirable change in
the neighborhood . I think clearly from our point of view this benefits the property . The more parking
spaces that we can provide I think in relation to the number of people that we are housing , the less
likely that you 'll find people parking in fire lanes , on lawns , in front of dumpsters . It also increases the
likelihood that whatever spillover affects there are from a development like this they will be contained
on site .
Alternatives to the requested variance I think is another criteria that we are required to take a look at .
We did look at a number of different alternatives in terms of providing additional parking . All of those
alternatives required in some fashion , I think deviating from the original design premise of the
property . That original design premise of the circular layout , if you were to take a look at the original
site plans they describe it as buildings in an open landscape , almost park like setting . The only way
we found , given the configuration of the lot and the layout of the site that you could find or create
additional parking is obviously by adding more impervious service . We didn 't think that was worth
27
ZONING BOARD OF APPEALS
MARCH 25, 2002 MINUTES
APPROVED
doing . But again , changing the geometry of these spaces we feel we can provide parking in an
adequate ratio to the number of occupants .
The size of the variance , I think if you took a look at the alternatives . The size of the variance that we
are requesting is the smallest one relative to meeting our basic objective of increasing this ratio of
parking spaces to residents .
Impact on the environment . I think in terms of providing additional parking , there are two things that
could happen in terms of potential environmental impact . One is that you increase the amount of
impervious surface and then you run into difficulties with the overall stormwater management plan
and program . I think we have created a balance here where the amount of impervious surface ,
frankly , isn 't changing in terms of parking anyway relative to what was originally proposed . It is well
within the capacity of the site to absorb and certainly well within the parameters of our stormwater
management system , which includes expanding a detention basin .
An increase in the amount of parking could theoretically have a traffic impact . Again , that has been
thoroughly analyzed by the SRF study that is predicated on a maximum occupancy of 750 persons .
Again , their conclusion there is no or very little traffic impact on Route 96 particularly given the
connector road .
So I think in terms of the various criteria that you are asked to look at relative to an area variance , we
think that this is a reasonable request that will not have any impact on the environment . It is generally
beneficial for both the property and the surrounding neighborhood .
Chairperson Sigel - Any questions from the board ? Okay .
At this time we should open the public hearing .
Chairperson Sigel opened the public hearing at 8 : 43 p . m . With no persons present to be heard ,
Chairperson Sigel closed the public hearing at 8 : 44 p . m .
Chairperson Sigel - Would it be appropriate to adjourn at this point ?
Attorney Barney - Unless you want to discuss it some .
Chairperson Sigel - Any discussion among board members ? . No questions at this time ?
Attorney Barney - Are you ready to vote ?
Mr. Ellsworth - On what ? Environmental ?
Attorney Barney - The overall project .
Mr. Ellsworth - I am . This is the second time I 've been through this .
Chairperson Sigel - You were on the Zoning Board of Appeals in 1990 ?
28
ZONING BOARD OF APPEALS
MARCH 25 , 2002 MINUTES
APPROVED
Mr. Ellsworth - I was at the Planning Board meeting . I heard the long security version .
Chairperson Sigel - Okay , well I would move to adjourn the appeal then until the next meeting .
Attorney Barney - Did you close the public hearing ?
Chairperson Sigel - Yes .
Attorney Barney - Just adjourn it for purposes of discussion and decision at the next meeting . It won 't
be advertised as a public hearing .
Mr. Sieverding - Is there anything that we can anticipate relative to the April 15th meeting ? We will be
going through another presentation or questions and answers?
Attorney Barney - No .
Mr. Frost - We anticipate that the absent board members would receive copies of the minutes of this
meeting in the packet .
Chairperson Sigel - Your packet is pretty thorough , so I think just be prepared for questions . I don 't
think a repeat of the presentation is necessary .
Mr. Sieverding - Okay .
RESOLUTION NO 2002 43 - Adjournment of JMS Realty, 1033 Danbv Road, Tax Parcel No. 43. -
1 -2. 2 and 43. 4 -2. 3, March 25, 2002.
MOTION made by Kirk Sigel, seconded by James Niefer.
RESOLVED, that this board adjourns the appeal of JMS Realty, requesting modifications to
previously granted approvals for the College Circle Apartments from January 24, 1990 and variances
form Article VI, Section 26 and 29, and Article Xlll, Section 65 of the Town of Ithaca Zoning
Ordinance, to permit an increase in the number of persons allowed to reside in said apartments and
to allow for vehicular parking variations at 1033 Danby Road, Town of Ithaca Tax Parcel No. 43. - 1 -2. 2
and 2. 3 in a Multiple Residence Zone until the April 15, 2002 Zoning Board of Appeals meeting.
The vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Niefer.
NAYS: None.
The motion was declared to be carried unanimously.
Mr. Frost - We do have seven cases for the next month .
29
TONN'N OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY , MARCH 25, 2002
7 : 00 P.M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, March 25 ,
2002 , in Town Hall , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00
P .M . , on the following matters :
APPEAL of Orlando Iacovelli , Owner/Appellant, Edward Mazza, Esquire, Agent, requesting a special
permit under Article III, Section 9 of the Town of Ithaca Zoning Ordinance, to permit the occupancy of a
two-family residence by up to six unrelated people at 271 Pennsylvania Avenue, Town of Ithaca Tax
Parcel No. 54-6-7, Residence District R-9 .
APPEAL of Alan Falk, Owner/Appellant, Richard Hautaniemi , RA, Agent requesting a variance from the
requirements of Article IV , Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a
of New York State Town Law to permit the modification of a second dwelling unit and the enlargement of
the existing two-family residence, that does not have building frontage on a Town, County, or State
highway located at 501 Warren Road, Town of Ithaca Tax Parcel No: 70- 1 -42 , Residence District R
An authorization from the Zoning Board of Appeals under Article XII, Section 54 may also be requested as
the property is non-conforming with current regulations.
APPEAL of Patricia Pullman, Tompkins Trust Company, Appellant/Agent requesting a variance from the
requirements of Article IV, Section 14 and 16 and Article XIII, Section 57 of the Town of Ithaca Zoning
Ordinance, to permit an existing non-conforming single-family residence with a deficient south side yard
building setback and a deficient building lot width, to be modified with the addition of a second dwelling
unit within said building located at 985 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 -2-28,
Residence District R- 15 . An authorization from the Zoning Board, under Article XII, Section 54 to permit
said addition may also be requested.
APPEAL of the Coddington Road Community Center, Appellant, Anne Morrissette and Claudia Brenner,
RA, Agents, requesting a special approval under Article V, Section 18 and Article XII, Section 54 of the
Town of Ithaca Zoning Ordinance, to be permitted to enlarge an existing non-conforming day care center
by 1 ,900 ± square feet located at 920 Coddington Road, Town of Ithaca Tax Parcel No. 47- 1 - 11 .3 ,
Residence District R-30.
APPEAL of JMS Realty, Owner/Appellants, Integrated Acquisition and Development Corporation/Herman
Sieverding, Agent, requesting modifications to previously granted approvals for the College Circle
Apartments from January 24, 1990 and variances from Article VI, Section 26 and 29, and Article XIII,
Section 65 of the Town of Ithaca Zoning Ordinance, to permit an increase in the number of persons
allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road,
Town of Ithaca Tax Parcel No. 43 - 1 -2 . 2 and 2 . 3 in a Multiple Residence Zone .
Said Zoning Board of Appeals will at said time, 7 : 00 p. m. , and said place, hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs, as appropriate, will be provided with assistance, as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior
to the time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated : March 14 , 2002
Published : March 18 , 2002
INTEGRATED
ACQUISITION &
DEVELOPMENT
March 4 , 2002
Mr. Andrew Frost
Zoning Enforcement Officer
Town of Ithaca
215 North Tioga Street
Ithaca, NY 14850
Re : College Circle Apartments — 1033 Danby Road Variance Request
Dear Andy :
Enclosed is an area variance request for parking and a request to the Zoning Board of Appeals to
modify a condition to a variance granted the property in 1990 . Included in this package are the
following :
1 . Variance Application Form.
2 . Narrative description of the variance appeal .
3 . Plot/Site plans for the parking variance request.
4 . Application fee in the amount of $ 80 .
There are no environmental review materials included in this application since the environmental
review for this project is being conducted by the Planning Board pursuant its Lead Agency
determination of January 10 .
If during the course of your review of these application materials you have any questions or need
additional information, please call me .
Thank your for your assistance to date .
Sinc rely,
O
Herman Sieverding, AICP
Vice President
CC . IAD
THORNWOOD CORPORATE CENTER
15 Thornwood Drive P.O. Box 4860 Ithaca, New York 14852-4860
Phone: (607) 257-5050 Fax: (607) 257-9981
TOWN OF ITHACA FEE: $80.00
215 North Tioga Street RECEIVED : ` r , G
Ithaca, New York 14850
(607) 2734783 CASH
APPEAL CHECK -
to the
Building Inspector/Zoning Enforcement Officer ZONING :
and the
Zoning Board of Appeals For Office Use Only
of the
Town of Ithaca, New York
Having been denied permission to : Construct Parking Spaces that are smaller than the specified
size of 180 SF and modify condition to previously granted variance .
at 1033 Danb_y Road , Town of Ithaca Tax Parcel No. 43- 1 - 2 . 3 , as shown on the
accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit
would be in violation of:
Article(s) 1 , Section(s) 1 27 , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED
respectfully submits this Appeal from such denial and, in support of the Appeal , affirms that strict observance of the Zoning
Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows:
(Additional sheets may be attached as necessary.)
APP Narrative Attached
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter
my property to inspect in connection with my application.
Signature of Owner/Appellant: oVo "'" �- Date : Z ZO Z
Signature of Appellant/Agent : Date :�?i G �--
Print Name Here : Herman Si everdi ng
Home Telephone Number: Work Telephone Number: 607 - 257 - 5050
NOTE : If construction of work in accordance with any variances given does not commence within 18 months, the
variance will gXplr . Your attendance at the meeting is advised.
Zoning Board of Appeals
College Circle Apartments
Area Variance Request
March 4, 2002
INTRODUCTION
The College Circle Apartments were approved by the Town of Ithaca Planning Board pursuant to
Article IX, Section 46 of the Town of Ithaca Zoning Ordinance in November, 1988 . The
approved site plan consists of 149 apartments, one leasing office and 450 parking spaces . The
Planning Board, in granting site plan approval, imposed a condition that the maximum occupancy
of the project could not exceed 600 persons "except as may be subsequently modified upon
approval by the Planning Board .
In January, 1990 JMS Realty, the current owner of the College Circle Apartments , applied for a
variance from Section 26 of the Town Zoning Ordinance which limited the number of unrelated
individuals who could reside in a dwelling unit to no more than four persons . The Zoning Board
granted this variance and allowed more than four unrelated individuals to occupy certain units
subject to the Planning Board ' s condition that the occupancy of the project not exceed 600
individuals .
Integrated Acquisition & Development, Corp . (IAD) has negotiated the acquisition of the College
Circle Apartments . IAD will enter into a long-term agreement with Ithaca College whereby
Ithaca College will operate and maintain College Circle upon completion of certain renovations
to the existing property and completion of the balance of the approved project. IAD has received
approval from the Planning Board for the renovation work. IAD will appear before the Planning
Board on March 5 for preliminary and/or final site plan approval for revisions to the approved site
plan which include the following:
1 . Revise the footprint of each new building to eliminate the curve on the front
elevation and substitute a staggered building layout.
2 . Increase the number of parking spaces on the site by expanding the parking lot in the
Northeast corner of the site and by incorporating a more efficient layout for the
parking stalls .
36 Construct a Community Building with an access driveway and a 20- space parking lot
in the center portion of the site .
4 . Add internal pedestrian walkways in the center portion of the site .
5 . Increase the occupancy of the property from 600 persons to 750 persons .
In addition, an internal road that will connect the College Circle property to the Ithaca College
Campus is an integral component of this renovation and new construction program . This road
would be available to pedestrians, student vehicles, safety and service vehicles and Tompkins
County Area Transit (TCAT) busses .
Two of the requested modifications to the site plan require Zoning Board of Appeals approval :
1 . The increase in occupancy of the property from 600 persons to 750 persons will
require the Zoning Board of Appeals to modify the condition to the variance granted
in 1990 .
2 . The more efficient layout for the parking stalls in number 2 above is based on using a
parking space size of 8 feet 6 inches wide by 18 feet long for the apartments and 9
feet 0 inches wide by 18 feet long for the proposed Community Building . These
dimensions yield a parking space that is 153 square feet and 162 square feet
respectively. Article 1 , Section 1 of the Town of Ithaca Zoning Ordinance defines a
"parking space" as an "area for the temporary storage of an automobile 180 square
feet in size" . IAD is requesting an area variance to allow the smaller parking space
size . The combination of the smaller parking size and more efficient layout of the
parking spaces will yield a total of 559 parking spaces . Granting this variance will
improve the ratio of parking spaces to residents .
MODIFICATION OF CONDITION TO 1990 VARIANCE
IAD and representatives from Ithaca College presented the concept of increasing the occupancy
of the College Circle Apartments to the Town Planning Board during a Sketch Plan Conference at
the Board ' s January 8 meeting. Ithaca College has, through its strategic and long range planning
activities, identified a housing need of between 600 and 800 additional beds . Increasing the
occupancy of the College Circle Apartments to the requested level will satisfy the College ' s
projected housing demand for the foreseeable future . Therefore, Ithaca College will not pursue
further residential development for student housing in those areas identified in the recently
completed Saski Associates Master Plan . The environmental benefits to the Town of Ithaca by
granting this increase and focusing this demand on a site already approved for development will
be significant.
As noted above, the origin of the limitation of a maximum occupancy of 600 persons at College
Circle is the original Site Plan approval resolution adopted by the Town of Ithaca Planning Board
in 1988 . That resolution stated that "the project shall have a maximum occupancy of 600 people,
except as may be subsequently modified upon approval by the Planning Board" . The Planning
Board will consider Preliminary Site Plan approval at its March 5 meeting . Planning Department
staff, after having completed an environmental review of the requested change(s) , has
recommended that both the Planning Board and the Board of Zoning Appeals modify the 1988
condition and permit up to 750 persons to occupy the property . We believe this recommendation
is justified for the following reasons .
Increasing the occupancy of the property from 600 occupants to 750 occupants is requested in
light of the College ' s desire to address it ' s housing need as identified in the Saski Master Plan on
this site and the significant additional investment by Ithaca College in the College Circle
Apartments . This investment includes both capital expenditures in the form of physical additions
and improvements to College Circle and a commitment to annual operating expenses in the form
of programmatic functions that will be brought to the site . Physical improvements to the site
include a connector road that will allow pedestrians, student vehicles, emergency and life safety
vehicles to drive directly from College Circle to Main Campus without using Danby Road. Ithaca
College will install Blue Light Emergency Telephones at appropriate locations on the College
Circle property . Ithaca College will also extend its campus data and voice network system to
2
every College Circle apartment. Most significantly, a Community Building will be constructed in
the central open area on the College Circle site . This facility will be approximately 7, 885 square
feet. It will house a Resident Director office, Administrative office, Meeting room,
Exercise/Fitness room, Laundry, Mail Center and other spaces that will serve the residents of
College Circle .
The expansion of programs the College will maintain on the Ithaca College site is equally
significant . Ithaca College has prepared a College Circle Staffing and Management Plan for this
property that includes a live-in Resident Director and one Resident Assistant for every 100 — 125
residents . Campus Patrol Officers, Security Officers and Student Auxiliary Patrols will regularly
patrol the College Circle property over a 24-hour day, seven days per week. The Ithaca College
Physical Plant Department will maintain the College Circle property to the same high standard as
the rest of the Ithaca College campus .
Providing on site Residential Life staffing increases the operating expenses for this property and
will absorb a number of bedrooms that would otherwise be available for student occupancy.
Annual operating expenses will also increase as a result of extending life safety patrols to the
property and as a result of the increase in the maintenance schedule for the property . The cost of
the Community Building with its associated staff and programmatic support functions is also an
initial capital expense and long term operating expense not originally anticipated when the
property was first developed. These substantial financial investments in this property can only be
justified in economic terms by the requested increase in occupancy. The additional income
generated by the requested increase will amortize the cost of providing these improvements and
additional programs . This is a condition clearly unique to this site given its location (contiguous
to the Ithaca College campus), size and current tenancy by Ithaca College students .
The potential impact of increasing the overall occupancy of the project from 600 to 750
occupants will not produce an undesirable change in the neighborhood nor will it have an adverse
effect on the environment. The College Circle property has a ratio of 4 . 88 dwelling units per acre
on the 30 . 5 -acre site . This compares to density factors for comparable developments in the area
of between 12 to 18 units per acre . The low ratio of dwelling units to lot area implies a greater
capacity of the site to accommodate the demands generated by these units without adversely
effecting surrounding properties .
The revised Parking Plan for the College Circle property yields 558 spaces . This is nearly three
times the amount of parking required for this number of beds per the Zoning Ordinance . All the
parking required by the occupants of the property will be accommodated on site .
An increase in the number of occupants will not create any additional impervious surface area .
The increase in occupancy will be achieved by placing two residents in some of the larger
existing and to be constructed bedrooms . Therefore, there will be no additional impact on the
project ' s stormwater management system caused by increasing the size of the proposed buildings .
The increase in occupancy will have no significant adverse effect on traffic . This is the
conclusion of the Traffic Study prepared by SRF & Associates as part of the environmental
review documents submitted to the Planning Board . Furthermore, the proposed direct connector
road between the College Circle site and the Ithaca College Campus will mitigate any potential
traffic impact caused by increasing the number of occupants on the site .
Finally, the management plan referred to above with its emphasis on strong programmatic and
physical linkages to the College and a 24-hour presence on site by College personnel will create a
3
safer and quieter environment for the residents of the property and the surrounding neighbors .
Clearly, all these components bring a greater level of commitment and stronger sense of
community to this property . This benefits the Town of Ithaca in a number of ways, most
particularly with respect to quality of life issues for the adjoining property owners .
Based on the above, we believe modifying the condition to the 1990 use variance is warranted.
AREA VARIANCE FOR SIZE OF PARKING SPACES
Since College Circle generally houses Ithaca College upperclassmen there is a fairly high ratio of
cars to occupants . We believe that in completing the balance of the project, every effort should
be made to increase the number of parking space in relation to the number of residents within the
context of the site plan submitted to the Planning Board for site plan approval . This plan is based
on the original, circular design for the site . To accomplish this we are proposing to utilize a
commonly accepted standard dimension for these parking spaces that is not allowed according to
the Town ' s Zoning Ordinance .
The Town of Ithaca requires parking spaces to be 180 square feet (see See Article 1 , Section 1 ,
27) . This is generally interpreted to be a parking space that is 9 feet wide by 20 feet long. This
standard is based on fairly uniform vehicle sizes from the late 1960s and early 1970s . However
car sizes have greatly diversified since that time . Beginning in the late 1980s both the National
Parking Association and Urban Land Institute have conducted extensive research on car size in
relation to parking space size . The National Parking Association completed a study that, for
instance, gives extensive consideration to the classification of automobiles, light trucks and vans
according to their footprint — the amount of ground area covered by each vehicle (see
Recommended Guidelines for Parking Geometrics, Parking Consultants Council , National
Parking Association, 1989) . Their recommendation on parking stall size is based on whether an
automobile is small — having a footprint of between 54 to 86 square feet or large — having a
footprint of between 86 to 129 square feet. Based on this classification system this, and similar,
studies proposed small vehicle parking spaces that are between 7 ' 4" to 8 ' 4" wide and large
vehicle parking spaces that are between 8 ' 2" to 8 ' 10 " wide . All these dimensions are less than
the Town implied standard of 9 foot wide parking spaces .
Furthermore, the NPA study noted ' a clustering of vehicle size around the small car/large car
boundary. These vehicles have a footprint of between 75 square feet to 96 square feet. This
methodology has led the NPA to recommend an average parking space concept that recognizes
the mix of vehicles to be accommodated . The general recommendation using this approach is a
one size fits all parking space width of between 7 ' 10 " to 8 ' 6" depending on the particular use
(i .e . , employee, visitor, and retail customer parking) , the width of the drive land and the angle of
parking relative to the drivelane . The recommended length of a parking space is 18 feet.
In 2000 the NPA, in conjunction with the Urban Land Institute (ULI), published the fourth
edition of the Dimensions of Parkinj4 . This study recognized the trend toward larger vehicles in
the mid 1990s and the increasing popularity of the sport utility vehicle . In response to this trend
the NPA and ULI revised their recommendation relative to the width of a parking space and
based the new recommendation on whether it is low turnover, moderate turnover or high turnover
parking . The current recommended parking space width now varies between 8 ' 6" and 9 ' 0"
depending on turnover and the width of the drive aisle (a wider drive aisle can permit a narrower
parking space) . The recommended width for low turnover spaces, that is long term parking, is 8 '
6" . This applies, according to this study, to employee and student parking. Interestingly, the
4
range of parking space width for moderate turnover parking (offices, retail centers , etc .) includes
the 8 ' 6" dimension . The width for moderate to high turnover parking spaces (community retail,
medical offices, etc . ) is between 8 ' 9" and 9 ' 0 " . The recommended length of these parking
spaces is still 18 feet. In addition, the study recommends an overall parking lot width of 60 feet
( 18 feet for each parking space and a 24-foot drive aisle) .
The proposed parking plan for College Circle is based on a parking space width of 8 ' 6" for the
parking spaces in front of the apartments . These spaces will be used for long term parking and be
restricted to College Circle resident only. This dimension is appropriate for this use . The plan
includes 9 ' 0" for the spaces in front of the Community Building . The spaces in front of the
Community Building are likely to turn over much more frequently and could be used by visitors .
The extra width for these spaces is appropriate for this use . The length of all the proposed
parking spaces is 18 feet. In addition, the overall parking lot width in front of the apartments is
61 feet and the width of the parking lot in front of the Community Building is 62 feet. These
dimensions are consistent with the recommendations of the recently published NPA/ULI study.
In fact, the larger than recommended parking lot width will facilitate turning movements into
each parking space . Attached is a Parking Plan for College Circle based on these dimensions.
This Parking Plan yields 559 parking spaces .
The proposed dimensions for the parking spaces in front of the apartments and in front of the
Community Building yields parking spaces containing 153 square feet (at the apartments) and
parking spaces that are 162 square feet (at the Community Building) . The Town ' s Zoning
Ordinance requires 180 square feet. We are therefore requesting an area variance for parking
spaces that are 153 and 162 square feet. It is important to note that these additional spaces can be
created without adding any additional impervious surface . It is simply re- striping the existing and
proposed parking lots to this new dimension. Additionally, the 18-foot length of the stall creates
drive lanes through the parking lots that will each be at least 13 feet wide . This will facilitate
turning movements into and out of these parking spaces and bus movement through the site when
TCAT service is extended to the property . The proposed dimensions for these parking spaces
incidentally are used locally by both the City of Ithaca in its Zoning Ordinance and by Cornell
University, most recently for the parking associated with the North Campus Housing Initiative .
Facts Supporting the Area Variance Request
The Town Zoning Ordinance states that the Board of Appeals in determining whether to grant an
area variance shall consider "all the matters set forth in Town Law Section 267-b" . This section
of Town Law defines five criteria the Board will consider when granting an area variance that
balances the benefit to the applicant versus the potential impact to the surrounding neighborhood .
These criteria include :
1 . whether an undesirable change will be produced in the neighborhood or a detriment
to a surrounding property created by granting variance;
2 . whether the benefit sought can be achieved by some other means than by a variance ;
3 . whether the requested variance is substantial ;
4 . whether the proposed variance will have an adverse impact on the environment;
5 . whether the alleged difficulty was self-created .
What follows below is an analysis of the requested parking space size variance relative to these
criteria.
5
• Undesirable change in the neighborhood
The College Circle development is located in a Multiple Residence zoning district and was
approved by the Town Planning Board in 1989 . The approved project consists of 149 apartments
and 450 parking spaces . The first phase of the project which consists of 89 apartments and 279
parking space has been in place for over ten years and has not produced any significant change in
the immediate neighborhood.
The Planning Board is currently considering several minor modifications to the approved site
plan including a small extension to one of the parking area . The requested variance to make the
parking spaces smaller than the Ordinance requires will produce no change in the amount of
paved surface area proposed on the submitted site plan . The variance, if granted, will allow the
paved area to be striped in such a way as to allow 8 ' 6" wide parking spaces . This will provide an
additional 30 parking spaces over the number of spaces shown on the parking plan submitted to
the Planning Board. Creating more parking spaces will make the site safer by making it less
likely that residents will park in fire zones and other restricted areas, lawn and landscape areas
and along driveways through the site . Since the requested variance will not increase the amount
of developed area there will be no physical change to the plan submitted to the Planning Board.
As such, there will be no negative or undesirable change in the neighborhood. Furthermore,
while the requested change may create a slight increase in traffic, as fully documented in the
Traffic Analysis prepared by SRF Associates as part of the environmental review for the Site Plan
Approval process, there will be no significant adverse traffic impact as a result of the increased
parking and occupancy of College Circle .
• Alternatives to the Requested Variance
Increasing the amount of parking on the College Circle site can only be achieved by the proposed
variance or constructing additional parking lots on the site . The requested variance will increase
the number of parking spaces provided at College Circle without increasing the amount of
developed area on the site . Alternatives to the proposed 8 ' 6" wide parking spaces were
considered. All alternatives will involve increasing the amount of impervious surface area and
are based on altering the layout of the approved the plan . For instance, adding parking spaces in
the interior of the circle was considered . This and other similar site plan revisions were rejected
since they fundamentally change the design premise of College Circle, which is based on
buildings surrounded by large open, landscaped areas . This is reflected in the very low density of
the project site at 4 . 88 units per acre . In order to preserve the aesthetic integrity of the approved
site plan and reduce potential environmental impacts created by adding paved surface area the
applicant has chosen the least disruptive alternative for adding additional parking spaces, i . e . re-
striping the existing lots and striping the new lots based on an 8 ' 6" by 18 ' parking space .
• Size of the Variance
As discussed above in Alternatives to the Requested Variance, the requested variance is the least
intensive method for providing additional parking spaces at College Circle and will provide an
increase of 30 spaces over the number of parking spaces on the submitted site plan . This
approach provides the smallest number of additional parking spaces relative to other alternatives
considered and still meets the applicant ' s objective of providing additional parking for residents
of the property . As such this variance is not substantial and is the minimum variance necessary to
accomplish the applicant ' s objectives with little to no impact on surrounding properties .
6
• - Impact on the Environment
The potential impact on the environment of the requested variance is minor. Additional parking
on the site could have two possible environmental impacts :
1 . an increase in the amount of impervious surface area could impact the stormwater
management system proposed for the site ;
2 . an increase in the amount of parking could have a traffic impact.
The environmental review conducted for the requested modification to the approved site plan
includes a stormwater management study . This study is based on a given amount of impervious
surface area and recommends modifications to the stormwater detention system that currently
exists on the site . The requested variance will simply change the geometry of the parking spaces
on this established amount of impervious surface area. It will not increase this area. Therefore,
the requested variance will not increase or impact the stormwater runoff and management
proposal .
The environmental review also includes a detailed traffic study for the proposed changes to the
College Circle site plan . This traffic study concludes that the existing transportation network can
accommodate the projected traffic volumes with very minor impacts . These impacts will be
mitigated by an internal connector road connecting the College Circle property and the Ithaca
College main campus, extension of TCAT bus service to the site and the construction of
pedestrian and bicycle paths between the two site .
The requested variance, based on the above, will have a very minor impact on the environment.
• Self Created Hardship
A literal interpretation of the Town ' Zoning Ordinance with respect to the size of a parking space
leads to the conclusion that it must be, practically speaking, 9 feet wide and 20 feet long . While
parking spaces meeting this standard can be provided, doing so creates a practical difficulty for
the applicant with respect to the ratio of parking spaces to residents . Increasing this ratio is better
for the operation and management of the property and better for the neighborhood in terms of
containing all potential impacts of this development on site . In the context of all five factors that
the Zoning Board will consider we believe the requested variance is not only the minimum
variance possible and still meet the objective of increasing the ratio of parking spaces to residents
but also one that accomplishes this without any significant impact to the character of the
surrounding neighborhood or quality of the environment. Thus, while the difficulties may be
self-imposed, we believe we have met the other aspects of the balancing test that justify the
granting of the requested variance .
While the Planning Board has not met at the time of this submission, it is worth noting that the
Planning Department staff has recommended to the Planning Board that it approve the revised
parking plan based on the 8 ' 6" wide parking spaces .
Based on the above, the applicant respectfully requests the Board to grant an area variance
providing relief from the parking space requirement of 180 square feet .
7
12-12-79 (3/99)-9c SEQR
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Project Number 01 - 12-407 Date : March 5 , 2002
This notice is issued pursuant to Part 617 of the . implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.
The Town of Ithaca Planning Board as lead agency , has determined that the
proposed action described below will not have a significant environmental impact and a Draft
Impact Statement will not be prepared .
Name of Action .
College Circle Apartments - Phase II
SEQR Status . Type 1 ❑✓
Unlisted ❑
Conditioned Negative Declaration . ❑ Yes
❑✓ No
Description of Action .
The proposal is for site plan approval for the proposed modifications. in the approved site plan
development at -College Circle Apartments located at 1033 Danby Road , Town of Ithaca Tax
Parcel No . 's 43- 1 -2 .2 and 43= 1 -2 . 3 . The proposed development includes the construction of 60
apartments in nine buildings that were previously approved by the Town in 1988 , with some
proposed modifications to the parking , building layout , and circulation . The proposal also includes .
a community center building , a connector road to the Ithaca College campus , Ithaca College
campus integration infrastructure , and a request to increase the occupancy from 600 persons to
750 persons in both the existing apartments and the proposed ones . Ithaca College will enter into
a long term agreement with Integrated Acquisition and Development to operate and maintain the
College Circle Apartments as campus student housing . The proposed site plan approval is a
Type I action per the thresholds set forth in 6 NYCRR Part 617 , and Section V of Town of Ithaca
Local Law No . 5 of 1988 providing for environmental review of actions in the Town of Ithaca .
Location : ( Include street address and the name of the municipality/county . A location map of
appropriate scale is also recommended . )
1033 Danby Road , Town of Ithaca , Tompkins County , New York
SEQR Negative Declaration Page 2 of 2
Reasons Supporting This Determination :
(See 617 .7(a)-(c) for requirements of this determination ; see 617 . 7(d) for Conditioned Negative Declaration)
See Attached
If Conditioned Negative Declaration , provide on attachment the specific mitigation measures imposed , and
identify comment period (not less than 30 days from date of pubication In the ENB)
For Further Information :
Contact Person : Jonathan Kanter, Director of Planning
Address : 215 North Tioga Street, Ithaca NY 14850
Telephone Number: (607) 273- 1747
For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to:
Chief Executive Officer , Town / City / Village of Town of Ithaca
Other involved agencies ( If any)
See Attached
Applicant ( If any)
Environmental Notice Bulletin , Room 538 , 50 Wolf Road , Albany NY , 12233- 1750 (Type One Actions only)
College Circle Apartments — Phase II
Reasons Supporting This Determination:
Based on review of the project at a Planning Board meeting on March 5 , 2002, a negative
determination of environmental significance has been made for the above referenced
action by the Town of Ithaca Planning Board, in accordance with the requirements of
Article 8 of the Environmental Conservation Law. Given the proposed design of the
project, its location and the character of surrounding uses, the existing character of the
site, and the proposed uses and activities associated with the project, no significant
adverse environmental impacts have been identified.
The Planning Board, at its March 5 , 2002 meeting, reviewed and accepted as adequate
the Full Environmental Assessment Form (EAF) Part I prepared by the applicant, Part II
of the EAF prepared by the Town Planning staff, and other application materials. The
above referenced EAF incorporates specific studies ad reports prepared .and submitted by
the applicant, including, but not limited to, a "Stormwater Management Study — College
Circle" (Volume I dated February 5 , 2002 and Volume II dated February 12, 2002), a
"Site Impact Traffic Evaluation" (dated February 2002), and a bound packet titled "Site
Plan Approval Submission — College Circle Phase IF' (dated February 5 , 2002) 6
In particular, the following specific conclusions were reached by the Planning Board:
1. Impact on Land: The proposed development includes construction of 60 apartments
in nine buildings that were previously approved by the Town in 1988, with some
proposed modifications to the parking, building layout, and circulation. The proposal .
also includes a community building, a connector road to the Ithaca College campus, and
various stormwater management facilities. The project site, including the existing
College Circle Apartments, will disturb approximately 29.6 +/- acres of the 30.5 +/- acre
site.
The project site is mostly moderately sloped with approximately 83 % of the site having a
slope of 10% or less. There are some slopes in the northeastern portion of the site which
are greater than 10% , with 5 % of the site having slopes greater than 15 % . A large
amount of grading and removal of earth material will be required to accommodate these
slopes . Retaining walls have also been proposed to help in the treatment of the slopes in
a couple of locations. The most extensive regrading and removal of material due to the
slopes will be required along the eastern edge of the property behind the four four
bedroom buildings and the parking areas in the north east. Construction with these types
of slopes are typical for this area and it appears the proposed plans have adequately
addressed the slopes .
The depth to the water table is reported to be between one to six feet (LEAF Section A #
8) . With a water table this high, the temporary sedimentation and erosion control
measures that were outlined in the Stormwater Management Study will be very important
during construction.
1
College Circle Apartments — Phase II
The depth to bedrock is reported to be between one to six feet (LEAF Section A # 4a).
The bedrock has created the need for blasting with dynamite for the development on the
southeast of the property.
The applicant intends starting construction as soon as the necessary approvals are
obtained this spring, and anticipates completing the project prior to the start of the fall
2003 college semester. The project is planned to be completed all in one phase. The
approval of the connector road to Ithaca College will be submitted under a separate
application, but the completion of it will coincide with the completion of the apartments
in fall 2003 ,
According to a revised page 5 (dated 2/ 10/02) of the Part I SEQR form (Section B # 2)
submitted by the applicant, approximately 25 ,600 cubic yards of material will be
removed from the site. As described in a letter from Herman Sieverding (dated February
119 2002), to remove this material from the site, assuming the use of a dump trailer ( 18-
wheeler) that can carry 20 cubic yards of material, approximately 1 ,280 trips will be
required. If smaller 10 wheel dump trucks are used, assuming that they can carry 10
cubic yards of material, approximately 2,560 trips will be required. Impacts can be
controlled by establishing reasonable routes and hours for the transport of these materials
off site.
2. Stormwater Runoff. The proposed project will result in the conversion of forest and
meadow areas to approximately 9.6 acres of impervious surface (buildings, sidewalks,
parking areas) and 20 +/- acres of lawn and landscaped areas. This will leave
approximately .9 acres of meadow and forested area. The increase of impervious
surfaces warrant concern for increased rates and amounts of surface water runoff, as well
as concerns about contaminated urban runoff, during and after the construction period.
The project site is sloped with drainage patterns generally running in a westerly direction.
Most water surface flows across the property and is eventually being collected into
channels on the north and south of the property or into the existing detention basin on the
College Circle parcel. The water ultimately flows into the existing drainage ditch along
Danby Road. With the shallow depth to the bedrock on most of the site, there is limited
capacity for infiltration.
The applicant has submitted a stormwater management study entitled "Stormwater
Management Study — College Circle", Volume I dated February 5 , 2002 and Volume 2
dated February 12, 2002, which outlines the proposed methods to deal with the
stormwater runoff.
Concern has been expressed over off site water that enters the site as sheet flow along the
eastern border. The proposal is to collect this water, and through channelized flow, divert
this water around and through the site. Part of this flow will be channelized around the
eastern most proposed buildings, which will be collected into a pipe which outlets into an
existing drainage swale and into the detention basin. This drainage Swale between the
parking lots along the western edge of the property between units 5 and 9 and the existing
2
College Circle Apartments — Phase II
office 1B may. need to be examined to ensure that it can handle the additional flows. The
other half of the off site flow, above the parking in the northeast of the site, will be
channelized then collected into a pipe that outlets into an open swale that runs into the
channel along the north edge of the property. While the same amount of off site water
will be entering the site from the east, it will not sheet flow across the site anymore and
instead will be channelized, thus allowing little infiltration into the ground and increasing
the rate of the flow. How this off site water is dealt with may need to be addressed
further, prior to final site plan.
One area of previous concern is where water leaves the site to the north onto Ithaca
College property. Currently water during high flows exits the existing channel and flows
across the properties along Danby Road, instead of to a detention basin on the Ithaca
College property. The current proposal is to create a new channel, slightly to the west of
the existing channel, on the Ithaca College property and then have the water enter a pipe
system down to Danby Road. The proposed stormwater management plan appears to
adequately address this problem, although any regular maintenance activities for this area
should be outlined.
One of the key elements of the stormwater plan is the enlargement of the existing
detention basin and .its ' design to treat runoff using wetland features. According to the
report, approximately 85 % of the impervious surfaces will be captured and routed
through the detention basin. The proposed modifications to the basin include its
increased capacity, providing proper outlet control needed to attenuate peak flows, and
the ability to treat for enhanced water quality. An extended detention shallow wetland
design is being incorporated into the new basin to enhance the water quality treatment. A
regular maintenance schedule has been included as part of the Stormwater Maintenance
Plan for the wetlands area. A planting schedule and plan for the wetland area will be
required prior to Final Site Pan review.
Sedimentation and erosion control is a very important concern given the slope of the
land, the high water table, and the amount of. excavation taking place, both during
construction and once the project is completed. Within the Stormwater Management
Study, erosion and sedimentation controls are outlined and appear to be adequate.
Temporary measures during construction include perimeter measures (silt fences at
downstream perimeter, early storm sewer installation, turf lining on slopes) and
conversion of the existing detention basin to a temporary sediment trap. Permanent
control measures include turf lining of the swales and some slopes, riprap at storm sewer
outlets, and creation of the detention wetland.
Because the proposed project disturbs more than five acres of total land area, the project
must comply with New York State Department of Environmental Conservation
(NYSDEC) Pollution Discharge Elimination System (SPEDES) General Permit for
Stormwater Discharge from Construction Activities (GP-93-06). A copy. of the Notice of
Intent (NOI) has been included in the Stormwater Management Study and the Stormwater
Pollution Prevention Plan will be prepared in conjunction with the final construction
documents.
3
College Circle Apartments = Phase II
It appears that the proposed stormwater management plan adequately addresses the
control of stormwater runoff for both water quantity and quality and that minimal adverse
environmental impacts from stormwater runoff are anticipated. Based on the above
information, impacts identified in this section can be considered small to moderate.
3. Plants : The northern portion of the site is within the South Hill Swamp Unique
Natural Area (UNA- 154) . This UNA contains several rare community types and
numerous rare and scarce plants . The UNA refers to the College Circle site as a
successional northern hardwood forest. This type of forest would occur on .sites that have
been cleared or otherwise disturbed. One building (units 69-71 ) and the associated
parking lot will be located within the UNA and this successional hardwood forest.
Scattered around the site are a few Scarlet Oaks (Quercus coccinea) . Scarlet Oaks are
considered to be locally scarce. Also on site is a grove of mostly Red and White Oaks, an
area which was previously identified to also contain the Scarlet Oak. While there may be
a Scarlet Oak in this grove, other Scarlet Oaks have been identified elsewhere on the site.
Several of the Scarlet Oaks are planned to be preserved with the proposed site plan, with
the possibility of the Oak Grove also being retained. The large amount of grading and
removal of material from the site limits the amount of existing vegetation that can be
saved. While the Scarlet Oaks are locally scarce, the rest of plant species present are very
common. The proposal includes a landscaping plan that appears to address the need for
replanting. Additional plantings may be appropriate on the slopes created along the
eastern boundary to buffer the neighboring property. A planting plan for the wetland
detention basin area will be required.
Within the bound material (dated February 5 , 2002) , submitted by the applicant, under
the "Environmental Assessment" section, is additional material describing the UNA and
the Scarlet Oaks. The material includes a previous plant study of the site, the proposed
site plan showing the Oak grove, a map and description of local ecological communities,
the information sheets on the UNA, and letters from two landscape architects describing
their findings relating to the Oaks.
4. Transportation : A "Site Impact Traffic Evaluation for the proposed College Circle
Apartments" (February 2002, SRF & Associates) , was prepared and submitted by the
applicant. This study indicates that the proposed College Circle Phase 2 development
includes a new connector road with full access between College Circle and the Ithaca
College campus, providing access for all vehicles, including student/resident vehicles,
emergency and security vehicles, and TCAT buses utilizing the new bus_ route providing
service between College Circle and Ithaca College. Both the new connector road and the
proposed new bus route should help to reduce the number of new vehicles that would use
the College Circle entrance on Danby Road.
The trip generation analysis in the traffic study uses existing trip rates from the existing
College Circle Phase I apartments, as recommended by the Institute of Transportation
Engineers. This gives a more accurate representation of estimated trip generation rates
4
College Circle Apartments — Phase II
for the Phase 2 development. This was supplemented by a license plate survey to
determine the number of vehicle trips exiting the Ithaca College campus destined for
College Circle. This survey demonstrates that a high percentage of those vehicles will
use the new connector road between the College campus and College Circle rather than
using Danby Road.
While the traffic study does not specifically factor in the proposed Community Building
proposed in Phase 2 development at College Circle, its impact should not be significant
because it should be regarded as an enhancement for residents at College Circle, not as a
generator for additional traffic from outside the apartment development. The Town
Board will be considering an amendment to the MR Multiple Residence District to allow
community buildings for use by residents of the MR development and their guests. The
nature of proposed uses in the Community Building outlined in the College Circle Phase
2 report (Feb . 5 , 2002) confirms that spaces will be occupied by administrative and
service functions accessory to the apartment development. The new connector road and
proposed TCAT bus route will further help to reduce the impacts of any traffic destined
for the Community Building.
The capacity analysis in the traffic study included existing (89 apartment units with 324
beds), approved (60 additional apartment units with 276 additional beds), and proposed
(increase in occupancy above approved with an additional 150 beds in the . same number
of units) conditions at not only the College Circle entrance drive at Danby Road, but also
at the intersections of Danby Road at King Road and at the Ithaca College entrance road.
The inclusion of the King Road and Ithaca College intersections was done at the request
of the Planning Department in order to fully document existing conditions and the
impacts of the proposed development on the surrounding road system. The results of the
capacity analysis (refer to Table H, page 8 of the traffic study) indicate that under full
buildout conditions at College Circle with the installation of the new connector road,
there will not be any deterioration of Levels of Service at any of the study intersections.
All three intersections continue to operate at acceptable Levels of Service ("- C" and
better) . The entrance to College Circle actually would experience improved conditions
because of the addition of the new internal connector road.
A turning lane investigation was also conducted in the traffic study. The results indicate
that warrants are met during the afternoon peak hour the addition of a left turn lane from
Danby Road into the College Circle entrance road. However, the study' s consultants
recommend that such a turning lane is not necessary because the new connector road will
reduce the number of vehicles turning into College Circle from Danby Road, the existing
8 foot wide paved shoulder which provides room for vehicles to pull around vehicles
waiting to turn into College Circle, and the presence of adequate sight distances for
vehicles at the College Circle entrance intersection. Staff will defer on a
recommendation regarding the need for a turning lane on Danby Road until we receive
the comments and recommendations of the NYS Department of Transportation.
It is important to note that the traffic study does not factor in the new TCAT bus route
proposed to serve the College Circle development. Ridership would be difficult to
5
College Circle Apartments — Phase H
estimate until the route has been operating for a while. However, the availability of
regular bus service between Ithaca College and College Circle will result in further
reductions in the number of vehicles exiting and entering College Circle at the Danby
Road entrance, and will result in improvements in the overall transportation system in
this area. The traffic study also includes a recommendation that pedestrian and bicycle
amenities be incorporated into the design of the new connector road to encourage its use
by pedestrians and bicyclists .
A large amount of construction truck traffic will be created by the excavation required for
this proposal. Approximately 25 ,600 cubic yards of material is expected to. be removed
from the site. To remove this material from the site, assuming the use of a dump trailer
( 18-wheeler) that can carry 20 cubic yards of material, approximately 1 ,280 trips will be
required. If smaller 10 wheel dump trucks are used that can carry 10 cubic yards of
material, approximately 2,560 trips will be required. Before building permits are issued,
the location of where this material is going to be transported to needs to be addressed by
the applicant. It may also be necessary to limit the hours that that trucks may operate.
The construction truck traffic is a short-term impact limited to the period of excavation.
Impacts can be controlled by establishing reasonable routes and hours for the transport of
these materials off site.
Based upon the Site Impact Traffic Evaluation and the information provided above, it is
anticipated that the full proposed development at College Circle, with the incorporation
of a full service connector road, should not .have any significant adverse impacts on the
existing transportation system.
5. Noise: Blasting will be required during construction on the southeastern portion of the
site for some of the excavation. The closest residence (the Solar Apartments) to the
blasting zone sphere of influence is 475 +/- feet. Located within the blasting zone sphere
of influence is the southern most existing College Circle apartment building (units 38-
41 ) . The College Circle apartments will most likely have a lower occupancy during the
blasting period, as most of the excavation this will be taking place during the college' s
summer break. The neighbors that are adjacent to this site on Danby Road and the
existing College Circle Apartments will. be the primary residences that will be able to
hear the blasting, depending on the weather conditions . The trucks being loaded and
exiting the site will also be primarily heard by the existing College Circle Apartments and
the adjacent neighbors on Danby Road. The blasting will be a short-term impact limited
to the period of excavation.
A letter has been attached to the applicants Part I form from Nothnagle Enterprises, Inc.
They are a full service drilling and blasting company which will be doing the required
blasting at College Circle Apartments. The letter describes the procedures and
requirements of the blasting. Also attached is a map showing the blast zone sphere of
influence and the distance to the nearest residence.
6 Growth and Character of Community: The proposal includes the construction of 60
apartments within nine buildings and the associated parking and walkways . These nine
6
-M�
College Circle Apartments — Phase II
buildings were originally approved in 1988 with an occupancy limit of 600 persons for
the complete project (21 buildings) . Part of this current proposal includes increasing the
occupancy to 750 persons in the 21 buildings . This includes both the existing College
Circle buildings and the proposed ones. Ithaca College will be entering into a long tern
agreement to operate and maintain the College Circle Apartments as campus student
apartment housing. In addition to the Planning Board action relative to the increased
occupancy as a modification of the previous site plan approval, the Zoning Board of
Appeals will also be considering a modification of the conditions of the variance granted
in 1990 which limited total occupancy to no more than 600 persons. This is a related
action also incorporated in this SEQR review.
The Town of Ithaca Comprehensive Plan (September 1993) designates the two College
Circle Apartment properties as "Urban Residential," and they are zoned Multiple
Residence. The "Urban Residential Use" outlines a density range of 5 to 15 units per
acre and would be served by public water and sewer. The proposed development would
result in a density of approximately 4. 88 units per acre ( 149 apartments on 30.5 acres)
and will be served by public water and sewer. There is the necessary sewer capacity to
handle the proposed development and adequate water pressure will be achieved with
some proposed upgrades . The development appears to be consistent with the
Comprehensive Plan designation and fits within the existing requirements of the Multiple
Residence zone, except for the community center. A zoning amendment is proposed by
the Town Board to allow community centers within the Multiple Residence zones. This
will be considered at the March 11 , 2002 Town Board meeting. As indicated above, the
impacts associated with the proposed community building are not significant, since uses
in the building are primarily intended to help integrate the involvement of Ithaca College
in the operation and management of College Circle.
This Notice is being distributed to:
Involved Agencies :
Erin M. Crotty, Commissioner, NYS Dept. of Environmental Conservation
Janis M. Gross, Associate Transportation Analyst, NYS Dept. of Transportation
Kirk Sigel, Chair, Town of Ithaca Zoning Board of Appeals
Others :
John M. Andersson, Tompkins County Department of Health
Edward C. Marx, Commissioner,oner, Tompkins County Department of Planning
Dwight Mengel, Tompkins Consolidated Area Transit
Brian Wilbur, Fire Chief, City of Ithaca Fire Department
Catherine Valentino, Supervisor, Town of Ithaca Town Board
Clifford Blizard, Chair, Town of Ithaca Conservation Board
Kenneth Lynch, Director, Region 7, N. Y.S . Department of Environmental Conservation
Gordon Reimels, Resident Engineer, N. Y.S . Department of Transportation, Region 3
7
TOWN OF ITHACA ZONING BOARD OF APPEALS
AGENDA
MONDAY, APRIL 15 , 2002
7 : 00 P . M .
1 ) Decision on College Circle Apartments, adjourned from March 25 , 2002, 1033 Danby Road.
2) Appeal of Deborah Valentine, 120 Pine Tree Road.
3) Appeal of Conifer Realty, Mecklenburg Road,
4) Appeal of John Tilitz, Trumansburg Road.
5) Appeal of Michael and Lorie Lupo, Iradell Road.
6) Appeal of George Blanchard, King Road East.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated: April 4, 2002
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, APRIL 15, 2002
7 : 00 P.M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, April 15 ,
2002, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 :00
P.M. , on the following matters :
APPEAL of Deborah Valentine, Appellant, Attorney Paul Tavelli, Agent, requesting a variance from the
requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to
maintain an existing two-family home with a north side yard building setback of 7 + feet from an attached
garage ( 10 foot setback required) at 120 Pine Tree Road, Town of Ithaca Tax Parcel No. 58-2-20,
Residence District R- 15 .
APPEAL of Conifer Realty LLC, Appellant, John Fennessey, Agent, requesting a variance from the
requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a of
New York State Town Law, to be permitted to create, by land subdivision, building lots not having
frontage on a Town, County, or State highway near 1300 Mecklenburg Road, Town of Ithaca Tax Parcel
No. 27- 1 - 13 . 12 and 13 . 16, Residence District R- 15 .
APPEAL of John Tilitz, Appellant, requesting a variance from the requirement of Article V, Section 21
and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a single-family home on a
building lot having a lot width of 60 feet at the roadside and at the maximum front yard setback, whereas
100 feet and 150 feet respectively is required, near 1447 Trumansburg Road, Town of Ithaca Tax Parcel
No. 23 - 1 -41 .2 , Residence District R-30.
APPEAL of Michael and Lorie Lupo, Appellants, requesting a variance from the requirements of Article
V. Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town
Law, to be permitted to build a residence on a building lot having a lot width of 60 feet at the roadside and
at the maximum front yard setback, whereas 100 feet and 150 feet respectively, is required, near 125
Iradell Road, Town of Ithaca Tax Parcel No. 24- 1 -7.2, Residence District R-30.
APPEAL of George Blanchard, Appellant, requesting a variance from the requirements of Article V,
Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town
Law, in order to create by subdivision, a building lot that does not front on a Town, County, or State
highway near 165 King Road East, Town of Ithaca Tax Parcel No. 44-2-7, Residence District R-30.
Said Zoning Board of Appeals will at said time, 7 :00 p.m. , and said place, hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs, as appropriate, will be provided with assistance, as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior
to the time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated : April 4, 2002
Published : April 8 , 2002
Property Description
Commercial
Status : Active
SWIS : 503089 Tax Map # : 43 . -1 =12
1031 DANBY RD
Zoning Code : Site : 1
Neighborhood : 30092 Building # 1
School District : Ithaca 411 Apartment
Deed Book : 644 Page : 816
Owner :
JMS ITHACA REALTY, INC
JMS ITHACA REALTY, INC
911 E STATE ST
ITHACA NY 14850
7/13/2001 File Photo
Improvements :
Site No Improvements
Overall EFF Year Built : 1990
Overall Condition : GOOD
Overall Grade : AVERAGE
Structure
Air Conditioning Percent : 0%
Sprinkler Percent : 100%
Alarm Percent : 0%
Number of Elevators : 0 Last Sale :
Basement Type : No sale
Year Built: 1990
Condition : GOOD
Area Land :
Land Type: PRIME SITE
Gross Floor Area: 41668 SgFt Acreage: 6
Number of Stories : 2 Land Type: RESIDUAL
Acreage: 10.3
Utilities Total Acreage: 16.3
Sewer Type : COMM/PUBLIC
Water Supply: COMM/PUBLIC
Utilities : ELECTRIC Assessment :
Land : 8509000
Commercial Uses Total : 6,930,000
Number: 1 Taxes :
Used As: GARDEN APT.
Total Rentable Area: 126912 SgFt Taxes may not reflect exemptions or change:
Total Units/Apartments: 324
Property Description
Residential
SWIS : 503089 SBL # : 43A =23
9 k
1031 DANBY RD
Zoning Code : Site : 1
Neighborhood : 30020 Unknown '
School District : Ithaca 322 Rural Vac > 10
Deed Book: 781 Page : 203
Owner :
TNG LLC
TNG LLC
1001 W SENECA ST
ITHACA NY 14850
7/13/2001 File Photo
Improvements .
Structure No Improvements
Number of Baths : 0
Number of Bedrooms : 0
Number of Kitchens : 0
Number of Fireplaces : 0
Overall Condition :
Porch Type :
Porch Area :
Year Built: 0000
Basement Type :
Finished Basement : Last Sale :
Sale Date: 08/12/1996
Base Garage Capacity : 0 Sale Price: 63,000
Valid: 0
Att Garage Capacity: 0 Arms Length:
Prior Owner: JMS ITHACA REALTY, INC
Area New Owner: TNG LLC
Land :
Living Area: Land Type: PRIME SITE
First Story Area: Acreage: 1
Second Story Area: Land Type: RESIDUAL
Acreage: 13.2
Additional Story Area : Total Acreage: 14.2
Half Story Area:
Three-Quarter Story Area :
Utilities Assessment :
Sewer Type : COMM/PUBLIC
Land : 639200
Water Supply : COMM/PUBLIC Total : 639200
Utilities : GAS / ELECTRIC Taxes :
Heat Type :
Fuel Type :
Central Air:
College C 'Ircle
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Tompkins County � ;� APR 5 2002
r b * � v t
DEPARTMENV0,F PLANNING
� � '?J PLAt�f� IPiG ZCNwGTENG EVEERItvG
X121 East�CourtJ Street��
Ithaca, cNew; Y ork 14850
a
Edward C. Marx, AICP k� �, ; ' Telephone (607) 274-5560
Commissioner of Planning
\���`,`� a �! Fax (607) 274-5578
April 4, 2002
Mr. Michael Smith, Environmental Planner
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Re: Review Pursuant to § 239 -1 , -m, and -n of the New York State General Municipal Law
Action : Consideration to Permit an Increase in the Number of Persons Allowed to Reside in the
Apartments and to Allow for Vehicular Parking Variations by the Town of Ithaca Zoning
Board of Appeals , College Circle Apartments , Phase 11, 1033 Danby Road, Tax Parcel No. ' s
41 - 1 -2. 2 and 41 - 1 -2 . 3
Dear Mr. Smith :
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to § 239 -1 , -m, and -n of the New York State General
Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no
negative intercommunity, County, or State impacts .
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C . Marx, AICP
Commissioner of Planning
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS . :
!� COUNTY OF TOMPKINS )
Dam L. Holford, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age and resides
at 3482 Potter Road, Interlaken, NY 14847 .
That the 18th day of March, 2002 , deponent served the within Notice upon :
Orlando lacovelli Attorney Edward Mazza
347 Coddington Road 307 North Tioga Street
Ithaca, NY •14850 Ithaca, NY 14850
Larry Iacovelli Willis/Shirley Hilker
Iacovelli Brothers PO Box 143
610 Elmira Road Brooktondale, NY 14817
Ithaca, NY 14850
David/Ann Bowlsby
829 Taughannock Boulevard
Ithaca, NY 14850
Alan Falk Richard Hautaniemi
501 Warren Road 213 Townline Road
Ithaca, NY 14850 Groton, NY 13073
Michael/Linda Hoffman Phyllis Defano
503 Warren Road 505 Warren Road
Ithaca, NY 14850 Ithaca, NY 14850
Jeff/Melody Huskerson Charlotte Greenspan
427 Warren Road 429 Warren Road
Ithaca, NY 14850 Ithaca, NY 14850
Linda Silber G Thomas Jr/Eliz Hagin
12 Muriel Street 14 Muriel Street
Ithaca, NY 14850 Ithaca, NY 14850
Adam/Jane Marie Law
16 Muriel Street
Ithaca, NY 14850
Patricia Pullman Attorney William Seldin
Tompkins Trust Company 405 North Tioga Street
Box 6437 Ithaca, NY 14850
Ithaca, NY 14851
Attorney Mark Wheeler Carol/Thomas Terrizzi
119 East Seneca Street 983 Taughannock Boulevard
Ithaca, NY 14850 Ithaca, NY 14850
Frank Betucci
3301 17`' Street North
Arlington, VA 22201
2
i
Anne Morrissette Claudia Brenner
Coddington Road Community Center 528 West Green Street
920 Coddington Road Ithaca, NY 14850
Ithaca, NY 14850
William/Cheryl Baker Rollin Jr/Merry Bauer
100 Updike Road 921 Coddington Road
Ithaca, NY 14850 Ithaca, NY 14850
Current Occupant Noel/Janet Desch
873 Coddington Road 132 Updike Road
Ithaca, NY 14850 Ithaca, NY 14850
William E . Desch Harold/Blanche Farrell
PO Box 1 152 925 Coddington Road
Grantham, NH 03753 Ithaca, NY 14850
Herbert Finch Dorothy Meldrum
904 Coddington Road 902 Coddington Road
Ithaca, NY 14850 Ithaca, NY 14850
Robert/Elayne Nicholas Greg Shaw/Susannah Fine
107 Updike Road 102 Updike Road
Ithaca, NY 14850 Ithaca, NY 14850
Ann L. Silsbee M . Gale Livingston Smith
915 Coddington Road 930 Coddington Road
Ithaca, NY 14850 Ithaca, NY 14850
Richard/Ruth Walker John F . Young
929 Coddington Road 410 Triphammer Road
Ithaca, NY 14850 Ithaca, NY 14850
JMS Ithaca Realty, Inc . College Circle Apartments
1001 West Seneca Street 1033 Danby Road
Ithaca, NY 14850 Ithaca, NY 14850
Herman Sieverding Frederick D. Bartholomew
Integrated Acquisition & Development Corp. PO Box 4295
Thomwood Corporate Center Ithaca, NY 14850
PO Box 4860
15 Thomwood Drive
Ithaca, NY 14852-4860
Leonisa Ardizzone L. Martin Bowman
72 Tulip Street 1010 Danby Road
Bergenfield, NJ 07621 Ithaca, NY 14850
Gordan/Sandra Chambers Current Occupant
3C Vista Lane 1019 Danby Road
Ithaca, NY 14850 Ithaca, NY 14850
Robert L . Farley Timothy/Julie Fullerton
1050 Danby Road 1006 Danby Road
Ithaca, NY 14850 Ithaca, NY 14850
Dell Grover Wm III/Marcia Hastings
242 Comfort Road 38 Bruce Street
Ithaca, NY 14850 Walton, NY 13856
3
Joan A . Heffernan Kathy A. lacovelli
3A Vista Lane 1034 Danby Road
Ithaca, NY 14850 Ithaca, NY 14850
Tom Salm Ithaca Center Service Co. Inc.
Ithaca College 1 Bella Vista Drive
325 Job Hall Ithaca, NY 14850
Ithaca, NY 14850
Current Occupant JC Kirschman & KC Lee
1002 Danby Road 1005 Danby Road
Ithaca, NY 14850 Ithaca, NY 14850
Joyce Layton Current Resident
1029 Danby Road 7D Vista Lane
Ithaca, NY 14850 Ithaca, NY 14850
Edward Mazza J MCCord/R Scarofile
307 North Tioga Street 853 Coddington Road
Ithaca, NY 14850 Ithaca, NY 14850
Evan Monkemeyer Scott/Chandra Nash
123 King Road East 1032 `/z Danby Road
Ithaca, NY 14850 Ithaca, NY 14850
Henry/Gail LS Neubert Joost Oppenheim
1145 Warren Road 7601 Winterberry Place
Ithaca, NY 14850 Bethesda, MD 20817
Joseph/Jirina Pech David Richards
1021 Danby Road 1058 Danby Road
Ithaca, NY 14850 Ithaca, NY 14850
Amy Robinson Margaret Rumsey
989 Danby Road 110 East Buttermilk Falls Road
Ithaca, NY 14850 Ithaca, NY 14850
Donald Schettini Claude Tissot
115 W 73 `d Street, Apt 2D 2250 N Triphammer Road, B6
New York, NY 10023 Ithaca, NY 14850
Norman/Steven Wilson John/Margo Yntema
PO Box 154 993 Danby Road
Lexington, MA 02173 Ithaca, NY 14850
David Herrick, PE QPK Design
TG Miller, PC PO Box 29
203 North Aurora Street 450 South Salina Street
Ithaca, NY 14850 Syracuse, NY 13201 -0029
Donald Weir John Yntema
930 East Shore Drive 993 Danby Road
Ithaca, NY 14850 Ithaca, NY 14850
Edward C . Marx
Commissioner of Planning
Old Courthouse Building
121 East Court Street
Ithaca, NY 14850
4
By depositing same enclosed in a post-paid 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.
Dam L. Holford
Sworn to before me this ] 8th'day of March, 2002
(-r /(V lo
Notary Public -V _
CARRIE WHITMORE
Notary Public; State of New York
r}p , 01 WH6052877
Tiog December 26, C G
Commission Expires
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
1 , Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department
Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of Ithaca
and that said notice has been duly published in the local newspaper, The Ithaca Journal .
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall 215 North Tioga
Street, Ithaca , New York on Mondav, March 25 , 2002 , commencing at 7 : 00 P. M . as per attached .
Location of sign board used for posting: Town Clerk Sign Board — 215 North Tioga Street.
Date of posting: March 18, 2002
Date of publication : March 18, 2002
Dani L . Holford, Building and Zoning Depart nt Secretary,
Town of Ithaca
STATE OF NEW YORK ) SS. :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 18th day of March 2002 .
Notary Public
CARRIE WHITMORE
Notary Public, State of New York;
No . p1WH6052877 ij
Tioga county
Gom
mission Expires December _ —
The Ithaca JouFnal a t
Ire
M nda� '
y, March18,�2002 ;
7% Iii-
TOWWN'OFRHA2A " ` Ithaca :Tax Parcel No
'
ZONING BOARD' OF 471 1:1u3, Residence Dis
j APPEALS NOTICEr'OF tnct R.IJAU:_ sirr f Said Zoning Board .of Ap
P.UBUC HEARINGS ' APPEAL[: of 1MS ; Realty . als will atsaid time; Z 00
MONDAY, MARCH 25, - Owner Appellants ,In - and 'said lace;,'hear
�'2002i7E00 PM,� tegrateyl _ AAcquisition and all persons- m support.?of
By direchon'of.the Chaunion Development Corporation/ such ;matters or' objections
of ihe,;'Zonmg •Board of A'p ,Herm'anrSieverdmg Agent ,;mereto Persons moy.'appear
;peaWrNOTI - ErIS0HEREBY requesting modifications tor`by o tint -. orT m'e-person:
GIVEN that Public Hearings, Po rev i o us 1 y g r,a n f e d ilndm udls<. with visual or
tivnll; be held bythe Zoning CicleiA art tints ecII - im airm nts
Board ` of APPeals.* of the pp other 9penal needs as
Town of Ithaca on Monday, lanuory_` 24 "1990 and -a propnate will be pro-
March' 25 2002 in Town variances from . Article Vi, `vpded " with assistance, as
HaIIa 215 North ,Tiogga Section'26 and 29;!and Arh necessar ; _ u one , request
Street; Tiogga 'Street Ph cle XIII =Section ^65 of the,; Persons` desmng assisgtan¢e
t r a:nc ' , Ithaca , N Y Town olilfhaca Zoning Ordi-' must i make such a; request
COMMENCING' Al 7:00 nonce fo,permit an;increase "not less thou 48 hours prior
PM , on the following' mob allowedn to beside;l m�°sad to
the Thine of the _public III k .
leis heanng il
rA PRE A l o f O r l a n d o opartments and to dllow for ,"_ Andrew S: Frost
lacovelh, 'Owriet/App;"Ilant; veh'cularppoorkmg vanahons = Director of Building
t.Edward . Mafia, +Esquire at 1033 Danby Road, Town ' and;Zonin 273-:1783 -
Age_nt; reqquesting a specia 1of Ithaca Tax Pa_ reel No
hpermit. under `Article III :S•ed 43 1 2 2 and 2 3 =in a +Mul Dated rMarc� 14, 2002• .
hon,9 of t6ITown of Ithaca hple Residence Zone
IMM March 18,.:2002
Zoning Ordinance to permii
the roccuPanry, : of =4
de two '
family resince -by up tosix
! unrelated ,;people. " ot ' .27.1.
Rerinsylvania�Avenue,� Towri
Iof` Ithaca ".7ax =.Parcel;_ No.
5467,;--Residence =:;District
R9
APPEAL of Alan Falk
Owner/Appellant Richor4
Hautoniemit RA Aggenf re
quesfing o variance froni'the
requirements •.of Aiticle. :IV,
Section:III 'and -16 ±of:=ahe
Tow`n'o f Ghaca Zonirigg'Ordi-
r:nance ' arid -Section -280$ of
-''New Town Law to
poi nit the modification, of-:o
second d 'ellingg-unit and the
i enJ .rgement of _the: exisfing
twofamdy :residence, that
,does not - have building
frontage ono Town County,
or Sfote highway located at
501 Warren Road Tow_ n,of
Ithaca `Tax- 'Parcel •'No .
€701=A2,.: Residence District
'R=15i?An authorization from
Cthe2omng _Board of ;Ap-
rpeals under . ?rticle XII,;Sec-
hon 54 may also be re-
,questetl as the'<,property`is
itnontonformingwith current
r ulohons z
PEAL of Patricia Pullman;
ampkms; Trust' . Company,.
(Appellant/Agerif requesting
loz' .variance ':from .'fle
requirements `of` Article `IV,
ection and d 6 and Arti=
is' 14 cle - MIL Section- 57 of:the
fTown of 6-I I Zoning Ordi,.
'nonce, to permit-on exishn
nc. . onformmg-, single-fomi�
}residence with a deficient
sooth;srde yord.buildmg set-
ba' ck' "bin' a= deficient
bonding lot width to • be
modified wi the additi n of
a ,second dwelling unit
I,wiihio'said=Building;located.
; ai'985;- TaughannocIt . Bou
IIleiar'd,' ToWn 'of Slth6 ; =Tax
Parcel No ,21 .228; Resi
Bence Dishict;. R;15 An:au • I
Qrizcitio6m from ,the Zoning ' I
Board, under Article XII,`Sec:
h6n_54 to permit said addi:- !
phorrmayalsoberequested. J
APPEAL of the ; Coddmgton
R'6oclt I Community Center;"
Appellant Anne+ rnssetfe,
an Clouds „, Brenner,'" RA
�vAgerits; reguesting`aspecial
approval under; Article-_V,'
Section 18 and?Article. Xll
Section .54, of fhe!Town`:ol
Ithaca:Zomn Ordinance;to
be perms to enlarge on'
exis ng I or ming day '
core, Ice - r,--- y `1 ;900 : '+
'square =:feep;;located„ot 920
Coddmgton Road Tovmm of.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, MARCH 25, 2002
7 : 00 P . M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, March 25 ,
2002 , in Town Hall , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY , COMMENCING AT 7 : 00
P . M . , on the following matters :
APPEAL of Orlando Iacovelli, Owner/Appellant, Edward Mazza, Esquire, Agent, requesting a special
permit under Article III , Section 9 of the Town of Ithaca Zoning Ordinance, to permit the occupancy of a
two-family residence by up to six unrelated people at 271 Pennsylvania Avenue, Town of Ithaca Tax
Parcel No. 54-6-7 , Residence District R-9 .
APPEAL of Alan Falk, Owner/Appellant, Richard Hautaniemi , RA , Agent requesting a variance from the
requirements of Article IV , Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a. -
_ _of_New York-State- Town Law to permit the modification of a second dwelling unit and the enlargement of
the existing two- family residence, that does not have building frontage on a Town, County, or State
highway located at 501 Warren Road, Town of Ithaca Tax Parcel No. 70- 1 -42 , Residence District R- 15 .
An authorization from the Zoning Board of Appeals under Article XII, Section 54 may also be requested as
the property is non-conforming with current regulations .
APPEAL of Patricia Pullman, Tompkins Trust Company, Appellant/Agent requesting a variance from the
requirements of Article IV, Section 14 and 16 and Article XIII, Section 57 of the Town of Ithaca Zoning
Ordinance, to permit an existing non-conforming single-family residence with a deficient south side yard
building setback and a deficient building lot width, to be modified with the addition of a'%second dwelling
unit within said building located at 985 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 -2-28,
Residence District R- 15 . An authorization from the Zoning Board, under Article XII, Section 54 to permit
said addition may also be requested.
APPEAL of the Coddington Road Community Center, Appellant, Anne Morrissette and Claudia Brenner,
RA , Agents, requesting a special approval under Article V, Section 18 and Article XII, Section 54 of the
Town of Ithaca Zoning Ordinance, to be permitted to enlarge an existing non-conforming day care center
by 1 , 900 + square feet located at 920 Coddington Road, Town of Ithaca Tax Parcel No. 47- 1 - 11 . 3 ,
Residence District R-30.
APPEAL of JMS Realty, Owner/Appellants, Integrated Acquisition and Development Corporation/Herman
Sieverding, Agent, requesting modifications to previously granted approvals for the College Circle
Apartments from January 24, 1990 and variances from Article VI, Section 26 and 29 , and Article XIII,
Section 65 of the Town of Ithaca Zoning Ordinance, to permit an increase in the number of persons
allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road,
Town of Ithaca Tax Parcel No. 43- 1 -2 . 2 and 2 . 3 in a Multiple Residence Zone .
Said Zoning Board of Appeals will at said time, 7 : 00 p . m. , and said place, hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs, as appropriate, will be provided with assistance, as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior
to the time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated : March 1412002
Published : iJ% larch 18 . 2002
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Town of Ithaca 19
Zoning Board of Appeals
January 24 , 1990
The last Appeal on the Agenda was the following :
APPEAL OF JMS REALTY CO . , OWNER/APPELLANT , JOHN NOVARR ,
AGENT , REQUESTING VARIANCE FROM THE REQUIREMENTS OF ARTICLE
VI , SECTION 26 , OF THE TOWN , OF ITHACA ZONING ORDINANCE , TO
PERMIT OCCUPANCY BY MORE THAN FOUR UNRELATED PERSONS PER
DWELLING UNIT AT THE COLLEGE CIRCLE APARTMENTS , LOCATED AT
1031 - 33 DANBY ROAD , TOWN ` OF ITHACA TAX PARCELS NO . 6 -43 - 1
1 . 2 , -2 . 2 , AND - 6 , MULTIPLE RESIDENCE DISTRICT .
Acting Chairman King read the appeal into the record and
referred to the - Planning Board Adopted Resolution of November 15 ,
1988 , attached hereto as Exhibit # 90
Attorney Shapiro addressed the Board and explained that the
application to the Planning Board included proposals for 2 , 3 , 4 ,
and 5 _ bedroom apartments and the 4 ' and 5 bedroom apartments have
oversized bedrooms which could accommodate two people . There was
no limit set or requested at the Planning Board because there
just wasn ' t any requirement for that under the existing
ordinance .
Attorney Shapiro pointed out to the Board that they are not
requesting any increased usage . The entire project was proposed ,
designed , and approved before the zoning amendment change that
limits occupancy to 4 unrelated persons . He said they have 5
bedroom apartments that could and do have 6 and 7 people in them .
The project is ' being built in phases to accommodate construction
and financing schedules . He explained that one phase is already
completed and occupied .
Acting ' Chairman King asked Atty . Shapiro how many units are
already occupied . Atty . Shapiro , responded that there are 41
units in the first phase . ` He further - explained that phase 2 is
also- underway . Atty . Shapiro stated that what they are
requesting - is not to 'change the project at all They are not
asking to change the number of units or the total occupancy .
All they are asking for is a variance that varies the most recent
amendment to the ' Zoning ' Ordinance which defines family and
boarders in such a way that wouldolimlt any one of these dwelling
units to no more than 4 unrelated persons .
Atty. Shapiro pointed out that has clients have,-e an awful lot
of money , time-, and effort invested in this project .
Town, Attorney Barney asked for a list of the units that
would have the ' 4 and ' 5 bedroom units . Mr . ' Novarr stated that he
could supply such a list to the Board .
Town of Ithaca -- - - -- -- 20
Zoning Board of Appeals
January 24 , 1990
Acting Chairman King asked Mr . Novarr when he got into this
project . Atty . Shapiro stated that the project was conceived
mid -year of 1987 .
Mrs . Hoffmann asked Atty . Shapiro if all four phases of the
project have been approved . Atty . Shapiro responded „, yes .
Town Attorney- Barney explained to the Board that prior to
-- -- this - family,,, occupancy, = amendment-,:there-_was _no__ l:imitation-_ on_ the_
number of people who could live in a . multiple residence unit .
Mrs . Hoffmann asked if .they could tell - the Board how many of
each sized apartments there were .
Atty . . Shapiro stated that there . are 110.- 112 units with 4 or
5 bedrooms , the . rest of the 149 units are 2 and 3 bedroom -
apartments . Mr . Novarr explained that where there . are 5 bedrooms
the apartment is 2200 square feet and he explained the design of
the apartments .
Atty . Shapiro stressed to the Board that , no matter , what ,
the cap of 600 persons in the project will never be violated , no
matter what happens .
Mrs. . Hoffmann asked if they will be renting by the bedroom
or by the apartment .
Mr . Nova .-that typically ` they.. .prefer . to rent unit by
unit . They. do not , rent by the room except as a case of last
resort .
Acting Chairman King opened the--public hearing . .- .
Mary Ellen Hawker , 1032 Danby Road ,; addressed the Board .
She stated that she lives across the road from the project and
she is concerned that there . may be more 4 persons per unit
in the . Apart of the • project across from her
Mr . Novarr responded that the apartments. closer to the road
are all two and three bedroom apartments .
Ms . Hawker statea • that she does like the aesthetics of the
existing . buildings ,with . the lines but she would like - to request
that they do not put colored .doors on the buildings across from
her .
Mr . Novarr said that she , won ' t see ' any doors - they, face the
other way .
-N
Town of Ithaca 21
Zoning Board of Appeals
January 24 , 1990
Ms . Hawker stated she- would also like to make certain that
the landscaping' in the front of the building would be put into
place . Mr . Novarr assured Ms . Hawker that the landscaping will
be done with plenty of trees and shrubs .
Mr . Peter Hillman , 370 Stone Quarry Road , addressed the
Board . He stated that what he is concerned about is the 600
occupancy cap being -enforceable . - He - is also concerned about the
reflection on other neighborhoods in regard to the occupancy .
Mrs . Hoffmann commented that she thinks that projects like
this one help to take the pressure off those single one family
homes in the neighborhoods .
Acting Chairman King stated that he had received a phone
call from Karl Niklas last evening . Mr . Niklas stated to Mr .
King that he has spoken to 3.4 people in the area and is concerned
about the 600 person occupancy cap . Mr . Niklas stated that he is
not opposed to the project , - however
Acting Chairman King closed the public hearing .
Motion
By Mr . Edward King , seconded by Mrs . Joan _ Reuning _ _
RESOLVED , that the Zoning Board of Appeals grant and hereby
does grant , in the matter of this appeal of JMS Realty Co . ,
a variance from the requirements of Section 26 of the
Zoning Ordinance , to permit occupancy by more than four
unrelated persons per dwelling unit at. the College Circle
Apartments . with the following findings .
10 That the applicant has sustained and shown that
enforcement of the ordinance ' s new definition of
occupancy of unrelated people imposes an undue hardship
and burden upon them by reason of the fact that the new
ordinance was enacted a substantial time after he had
invested considerable time and expense in developing
this plan ,
2 . That the requested occupancy , which was approved by the
Planning Board with the - concept that there might be
more than four unrelated people in some of the
apartments at some times , was acceptable to the
Planning Board ,
3 . That this is a self - contained development in a
multiple residence district , which . did not have such a
limitation of occupancy under the ordinance previous to
the recent amendment of the ordinance .
Town of Ithaca 22
Zoning Board of Appeals
January 24 , 1990
4 . That the condition imposed by the Planning Board to
limit the total occupancy of the development at any
time . , to no more than 600 people in the 149 units is a
reasonable limitation .
5 . That there is less likely to be any undue crowding of
the building or imposition upon the land , there being
30 . 5 acres. involved in this development . .
69 That the health , safety , morals , and general welfare of
the community would be in harmony with the proposal .
7 . That the use , which would be a slightly increased use
in some cases, would not impose an undue burden of
traffic load . on the community as a whole or undue
traffic - load on the public streets or on the water and
sewer systems, nor would it be detrimental to the
health , safety or general welfare of the community .
80 That the project was . planned , designed , approved , and
substantially - constructed at the time when the Zoning
Ordinance permitted unlimited numbers of unrelated
persons . Accordingly , the limitation to 4 . unrelated
persons would impose significant economic hardship in
that the . larger . . units could not be utilized as ,- they
were designed and planned .
AND. FURTHER RESOLVED That . variance is conditioned . upon .
the following .
1e the* understanding that the. 600 total occupancy at any
one time will be the ceiling for the 149 units ;
2 * the applicant will cooperate with the Town in providing
information as to the occupancy of the units and leases
therefor from time to time ,
39 the applicant will submit within 15 days after this
date � a list of those units now approved for the
development , which , units . might contain from time to
time , at one ' time or another , more than 4 unrelated
people .
The voting ' on the motion . was as follows $
Ayes - King , Reuning , Hoffmann .
Nays - None .
The motion was carried unanimously .
Town of Ithaca 23
Zoning Board of Appeals
January 24 , 1990
Environmental Assessment
Mr . King referred to the Short Environmental Assessment Form
done by George Frantz , dated January 18 , 1990 , and attached
hereto as Exhibits # 10 and # 11. .
Motion
By Mr . Edward King , seconded by Mrs . Joan Reuning .
RESOLVED , that this Board make and hereby does make a
negative determination of environmental significance in this
matter .
The voting was as follows .
Ayes - King , Reuning , Hoffmann .
Nays - None .
The motion was carried unanimously .
Motion
By Mr . Edward King ; seconded - by Mrs . Joan Reuning .
RESOLVED , That . having addressed the environmental assessment
impact statement ,' this Board reaffirms the granting of the
variance in this matter as previously approved .
The voting on the motion was as follows .
Ayes . - King , Reuning , . Hoffmann .
Nays - None .
Adiournment
The meeting was adjourned at 11 : 05 p . m .
Respectfully Submitted ,
Connie J . Holcomb
Recording Secretary
I, AR���
Edward KinkL..Ac ng ; Thal an
I � /
At the 3 / 9/88 original hearing , the minutes show ( page 6 ) : -
" Mr . King asked what the building had been used for in the past and a list
presented by Ms . Rumsey with her application gave a short history - of the
premises . Such list is attached hereto as Exhibit 1 . Mr . King thought
that they would classify these operations as a Business C type which in -
cludes anything from retail stores to plumbing to electrical shops . "
We accordingly urge the following resolution :
" Since this property ' s customary use has been that of a Business District
" C " , this Board approves all uses authorized under Business District " C "
classification , provided that Margaret Rumsey is the property owner . "
ZBA lacks jurisdiction over use by cable company ( Art . V § 18 Par 9 )
Article V § 18 : " Use regulations . In Residence Districts R30 no building shall
be erected or extended and no land or building or part thereof shall be used
for other than any of the following .- purposes : .
1 . One Family Dwellings . . . ( ZBA approval NOT REQUIRED )
2 . A two family _ dwelling , . (ZBA approval NOT REQUIRED )
3 . Church . . . ( ZBA approval REQUIRED )
4 . Library, Museum, school ( ZBA approval REQUIRED )
5 . Public park ( ZBA approval REQUIRED )
6 . Fire station ( ZBA approval REQUIRED )
7 . Golf course ( ZBA approval REQUIRED )
8 . Garden , farm ( ZBA approval NOT REQUIRED )
99 " Any municipal or public utility purpose necessary to the maintenance of
utility services . . jdeals with substations and similar structures ] "
( ZBA approval NOT REQUIRED )
Storage ban exceeded ZBA powers ( amended ordinance which allows 0/S )
:� ` Ban denied equal protection ( Park , other residents not banned )
Fifth Amendment Just compensation denied ( Non — conforming use )
EXHIBIT # 1