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Home My WebLink AboutZBA Minutes 2013-01-28 TOWN OF ITHACA ZONING BOARD OF APPEALS Minutes Monday January 28, 2013 Present: Kirk Sigel, Chair; Bill King, Rob Rosen and John DeRosa Alternates: Christine Decker and Chris Jung Absent: Ron Krantz Staff: Bruce Bates Director of Code Enforcement, Susan Brock, Attorney for the Town, and Lori Kofoid, Deputy Town Clerk Chairman Sigel opened the meeting at 7:05 pm New ZBA Board members John DeRosa, Christine Decker and Chris Jung were introduced. Appeal of Ithaca College, owners, Rick Couture, agent requesting a variance from the requirements of Chapter 221-6(3) "Sign Regulations" of the Town of Ithaca Code, to be permitted to place 14 +/- banner like signs on the Ithaca College campus within 500 feet of a public road or lot line of adjoining owner, located at 950 Danby Rd, Tax Parcel No. 41.-1-30-2, Medium Density Residential. Rick Couture, Ithaca College agent was available at the meeting to answer questions and provide information. Mr. Couture explained the map and pictures of the banners to the members, explaining that the three entrances were measured off from the center of the road and determined that there were a total of 14 banners that would fall under the request for the variance. Ms. Brock pointed out that the measurement should have been from the edge of the right of way, not the center of the road. It will not make a difference in this situation, therefore hearing continued. Mr. Sigel explained that this project originally included a request for all banners and after going to the Planning Board, the Town Board approved modifications to the sign law to include all banners. There were banners put up as a test for board members to see what they would look like. This was allowed through the Codes and Ordinance committee as a limited test. The one shown in the pictures are larger than the actual banners being requested. A question was raised from an email received by a neighbor asking about making the Circle apartments entrance appear to be an entrance to Ithaca College. This entrance is confusing to people. Mr. Couture explained that this is considered an entrance to Ithaca College and there is a stone monument that says Ithaca College just like the other two entrances. People are notified at the beginning of the school year to use the 96B entrance to the college. Mr. Bates suggested that a sign or some kind of direction be given inside that entrance to direct people to the main campus. Mr. Couture stated that this was being discussed. Mr. Sigel stated that the new sign law makes it more justifiable to approve this variance because the banners are allowed within the areas except for the 500 foot setback issue as opposed to just allowing a large number of signs that would all not be allowed. ZBA 1.28.13 1 The board discussed the intent of the sign law and the possibility that this variance would allow any resident to put up a banner on their property. The law and the town intend it to be for large institutions but each request would be taken on a case by case basis should a resident request a banner on a residential property. The SEQR was discussed and no changes were made to Part I. ZBA Resolution No. 2013-001, SEQR Determination, Sign Variance, 953 Danby Rd, TP # 41.-1-30-2 January 28, 2013 Motion made by Kirk Sigel, seconded by Rob Rosen Resolved, that in regard to the appeal of Ithaca College, owners, Rick Couture, agent requesting a variance from the sign law on the property located at 953 Danby Rd, that this Board makes a negative determination of environmental significance based on the information in the two short environmental assessment forms, and for the reasons stated in Part II of the environmental assessment form. Vote: Ayes — Sigel, King, Rosen, DeRosa and Jung Nays — none Motion passed unanimously Public hearing was opened and closed without comment at 7:35pm. ZBA Resolution No. 2013-002, Sign Variance, 953 Danby Rd, Parcel 41.-1-30-2 January 28, 2013 Motion made by Kirk Sigel, chair seconded by Bill King That this board grants the appeal of Ithaca College, owners, Rick Couture, agent requesting a variance from the requirements of Chapter 221-6(3) "Sign Regulations" of the Town of Ithaca Code, to be permitted to place 14 +/- banner like signs on the Ithaca College campus within 500 feet of a public road or lot line of adjoining owner, located at 953 Danby Rd, Tax Parcel No. 41.-1-30-2, Medium Density Residential Zone. Conditions 1. The signs be sized, located and installed as indicated on the plans submitted by the applicant to the ZBA. 2. The Planning Board conditions A, B and C are met. With the following ZBA 1.28.13 2 Findings 1. That the benefit to the applicant does outweigh the detriment to the health, safety and welfare of the community, specifically that the benefit that the applicant wishes to achieve, which is to increase the visibility of their entrances, while possibly could be achieved by other means, never the less the avenues they have chosen are reasonable for these entrances and, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given the relatively small size of the banners being under 15 square feet, the dark color, the fact that they are located high on the light poles, along with the layout of the entrances which are wide and have the center median strip all serve to lessen the impact of the signs and, 3. That while the request is substantial, being 14 signs that would not otherwise be allowed, that again the benefit to the applicant does outweigh the detriment to the health, safety and welfare of the community and, 4. That the request will not have any adverse physical or environmental effects for the reasons stated in the Environmental Assessment Form and, 5. Finally that while the alleged difficulty is self-created by the applicants by the desire to install the signs, that again the benefit does outweigh the detriment to the health, safety and welfare of the community. Vote: Ayes- Sigel, King, Rosen, DeRosa and Jung Nayes — none Motion passed unanimously. Submitted by: Lori ofoid, Deput w Clerk Approved by: Kirk Sigel, Chair ZBA 1.28.13 3 10"IN TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Lori Kofoid, being duly sworn, say that I a Deputy Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, January 28, 2013 7:00 P.M. Date of Publication: Friday, January 18, 2013 Location of Sign Board Used for Posting: Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Thursday, January 17, 20L13 Lori Kofoid Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 17th day of January 2013. Notay Public— Debra DeAugistine Notary Public-Mate te of New York No.01 DE6148035 Qualified in Tompkins county My commission Expires June 19,20 TOWN CF 0ACA, ZONINO'00,4W OF NOTICE OF PUBLIC HEARINGS Monday January 28,2013 215 North T'ioya Street,Ithaica 7:00 P.M. Appeal of 4baca College, owners, Rlck Coutur¢:. a{;feriare(lilesanu a varl¢ance from the requirements of Chanel 221...5(3) "Sign Fler.qultatka,,ns°of 1116,Down of lt8ocaa Cr;ade,to be,pon'nil. ted to phice 14 r/.banner like,signs<m fliea lthaaata Cern lege campir,i witflPn 700 feat of a punier road or lot line of adjoining owner, lo sated at 950 1Danby fnd, - lax Palest Ns, 41. ,30.2, Medium Density Residen tial. i eciaal Note:'Plata,nirdl,io^lfd will be I'Fled at Town HaU liR the Aurora Room,Use,tine back ernploytee� entrance on Aurora St, Assistance will tie,Iri-rrv.ded for iudividuale, with special ncr.;ds,r.rpon regUOst. Fir;.,.. yiaf '1::;should be made not es,;;thtarn 48 hours px{or la the public healings, Brace W.Bates Di e ultor'of C"utlo-* , Ellfoate`Pnont ! r, 607-273-1783 Dated: Jarlu aly 16,2013 1/18/2013 AFFIDAVIT OF SERVICE BY MAIL ,3TATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) 1, Lori Kofoid, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca,New York. That on the 18th day of January 2013, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 950 Danby Rd,Sign Variance Bird-Eye View Properties Brian Grout Heritage Park Townhouses 721 Hudson St PO Box 3927 680 Ridge Rd Ithaca, NY 14850 Ithaca, NY 14852 Lansing, NY 14882 Orlando &Helen lacovelli Ithaca Solar Townhouses LLC Pauline&Bruce Layton 347 Coddington Rd 123 King Rd East 1029 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Francesco Melice Frank Sczepanski loannis Seferlis 225 Coddington Rd 224 Coddington Rd 110 Joanne Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 /)we%, youth Hill Business Campus LLC Ithaca College Rick Couture Attn: Linda Luciano Carl Sgrecci,Vice President Assoc Vice President of 950 Danby Rd, Suite 104 Finance & Administration Facilities Ithaca, NY 14850 325 Peggy Ryan Williams Center Ithaca College Ithaca, NY 14850 103 Farm Pond Rd Ithaca,NY 14850 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department withiA the Stat f New York. C!X Lori KofoiY,"Deputy Town Clerk Town of Ithaca Sworn to before me this 17th day of January 2013. Notary Public t. Debra DeAugistine Notary Public-State of New York No.01 DE6148035 Oualified in Tompkins County MY Commission Expires June 19,20