HomeMy WebLinkAboutZBA Minutes 2014-03-17 TOWN OF ITHACA ZONING BOARD OF APPEALS
Monday March 17, 2014
Present: Rob Rosen, Vice Chair; Members Kirk Sigel, Bill King, John DeRosa, Christine
Decker; Alternates Chris Jung and George Vignaux
Staff Present: Bruce Bates, Director Code Enforcement, Susan Brock, Attorney for the Town,
Paulette Terwilliger, Town Clerk
Meeting was called to order at 7:03 pm
Appeal of Belle Sherman Cottages, LLC, owner, and Dan Gualtieri, applicant, requesting
variance from the requirements of Chapter 224-4 A(1) "Prohibited Signs" and Chapter 224-4
A(2) "Off Premises Signs" to install a temporary freestanding one sided 23.5 +/- square foot
in area and 6 feet tall, located at 102 Walnut St, Tax Parcel No. 53.-3-9, Planned
Development Zone No. 13.
Mr. Gualtieri summarized their appeal saying that the one larger sign will be neater and more
attractive than the current two signs and they would take those down and put up the one.
They are requesting the larger size so it can be read safely from the road and it is clearer that
there are lots and units for sale.
Mr. Rosen noted that the variance is needed because signs are not allowed on a construction
site. Mr. Sigel asked if all the smaller signs would also be taken down and Mr. Gualtieri
responded no, the smaller signs in front of individual houses would stay. Mr. Sigel asked
why this was considered "off-premises" and Mr. Bates responded that all the lots have been
subdivided already and assigned their own tax parcel numbers and the sign is for multiple
houses/sites and proposed on one lot so it would be off-premises for those other sites. Mr.
Sigel then asked why a variance is not required for the size and Mr. Bates responded that
since a sign is not allowed at all,by granting a variance for the sign itself the size variance is
essentially incorporated into that variance. Ms. Brock explained that a smaller temporary sign
not exceeding six square feet and advertising the sale of land on which it is located would be
allowed and would be exempt from the requirement to get a permit. Since the proposed sign
is larger than that and it advertises the sale of lots in addition to the lot where it is located, it
cannot fall under the list of exempt signs and is a regulated sign that needs a permit. This
type of sign is not allowed in the regulated signs section, so the variances are needed to allow
the sign and its off-premises location.
Discussion followed on the effect of the sign and its size. The Board felt that it was a tasteful
sign and the size was appropriate given the size of the construction site for the development
and the fact that the proposed placement is in the middle of the construction site so it doesn't
affect neighbors and it will also clean up the appearance of the site by removing the other
signs.
There was some discussion on what would or could be allowed and it was determined that the
variance request under review was appropriate given that the site has been subdivided and this
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is a planned development zone. Ms. Brock stated that she was surprised that this type of sign
was not specifically addressed in the Code and that again, the current request is applicable.
Mr. Rosen added that with the site constantly changing and given the size of the site, the sign
that is being requested is appropriate.
Mr. Rosen opened the public hearing at 7:14 p.m.; there was no one wishing to address the
Board and the hearing was closed.
ZBA Resolution No. 2014- 004: SEOR—Area Variance
Belle Sherman Cottages
102 Walnut Street, TP 51-3-9
March 17,2014
MOTION made by Rob Rosen, seconded by John DeRosa
RESOLVED that this Board makes a negative determination of environmental significance
based on the information in the Parts 1 and 2 and for the reasons stated in Part 3 of the
environmental assessment form.
VOTE: Ayes—Sigel, DeRosa, King, Jung and Rosen Nays—None
Motion was carried unanimously.
The Board again commented that the proposed sign seems to be an improvement over what is
in place now and that unlike other developments, this is very large, consisting of 29 lots in
constant flux and stages of development and is therefore unique or different from other
developments that may come seeking permission for a large sign. This sign suits the size and
character of the development.
The Board wanted to make it clear that the size of the site and the fact that the neighborhood
is the development site, in effect, both mitigate the impacts and their determination is granting
this request. A smaller site with a smaller number of units would not necessarily be allowed
to put up such a large sign; this sign is the right size in relation to the size of the development.
ZBA Resolution No. 2014- 005: Area Variance
Belle Sherman Cottages
102 Walnut Street, TP 53.-3-9
March 17,2014
Motion made by Rob Rosen, seconded by Chris Jung
That this Board grants the appeal of Belle Sherman Cottages, LLC requesting a variance from
the requirements of Chapter 221-4 A(1) "Prohibited Signs" and Chapter 221-4 A(2) "Off
Premises Signs"to install a temporary, freestanding one-sided sign 23.5+/- square foot in area
and 6 feet tall, located at 102 Walnut Street, Tax Parcel 51-3-9, Planned Development Zone No.
13 with the following:
Conditions
1. That the sign shall be removed within two years of the date of this Board's approval
or within 15 days after the sale of the last lot, whichever is sooner, and
2. That the applicant obtain a sign permit prior to installing the sign, and
3. That the two signs that are currently located at 102 Walnut Street be removed prior to
the new sign being installed, and
4. That the back of the sign be painted the same color blue as is shown on the front as
submitted to this Board.
With the following
Findings
1. That the benefit to the applicant does outweigh any detriment to the health, safety and
welfare of the community, specifically that the benefit that the applicant wishes to
achieve cannot be achieved by any other means feasible given that although the benefit of
a sign can be achieved by a smaller sign, the benefit of visibility from the road cannot be
achieved except with a sign of this size; and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that this is a positive change in appearance in the short term being that it
is a more attractive sign than what is currently there, the sign is in the middle of the
project and not near a neighbor, and there is a time limit to the duration of the sign; and
3. That the request is substantial given that it is a huge increase in size of a permitted sign
and they are requesting permission to put up a sign that is prohibited, but the benefit to
the applicant does outweigh any detriment to the health, safety and welfare of the
community given the reasons above; and
4. The request will not have adverse physical or environmental effects (in fact, it has a
positive impact because it makes the construction site aesthetically more appealing by
giving an attractive sign that informs the public about what is going on), for the reasons
stated in the SEQR form, and because the neighborhood is undergoing a significant
amount of construction with 29 lots being built upon, so in this particular case, the impact
of a sign with these dimensions, is mitigated by, among other things, the size of the
project and the location of the sign being in the middle of the project, and
5. That while the alleged difficulty is self-created in that the sign is not allowed and by its
nature is optional, the Town's Sign Law does not address situations such as this type of
large multi-site development so the benefit to the applicant does outweigh any detriment
to the health, safety and welfare of the community.
Vote: Ayes—Rosen, Jung, Sigel, DeRosa and King Nays: none
Motion passed unanimously.
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Other Business
Mr. Bates noted that Mr. Sigel has stepped down as Chair and Mr. Rosen has been acting as
Chair in his capacity of Vice Chair. The Board needs to recommend a Chair to the Town Board.
The Board asked Mr. Rosen if he was interested in being Chair and he responded that he would.
ZBA Resolution No. 2014-006: Recommendation of Chair
March 17,2014
Whereas Kirk Sigel has stepped down as Chair of the Zoning Board of Appeals, and
Whereas the Zoning Board of Appeals discussed the replacement of Chair at their meeting on
March 17, 2014, now therefore be it
Resolved that the Zoning Board of Appeals recommends that the Town Board appoint Rob
Rosen to the position of Chair through December 31, 2014.
Moved: Kirk Sigel Seconded by Bill King
Vote: Ayes —DeRosa, King, Jung, Sigel and Vignaux
Abstention: Rosen Motion passed unanimously.
Mr. Bates noted that there is only one appeal for the next meeting; EcoVillage Tree Solar Array
Meeting was adjourned at 7:35 p.m.
Submitte ,
Pa ette Terwilliger, Town Clerk
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TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Lori Kofoid, being duly sworn, say that I am the 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
OTICE OF PUBLIC HEARINGS
A (zC-bi
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: March 5, 2014
Date of Publication: March 7, 2014
4
c^t
v
Lori Kof id
Deputy Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this day of
2014
Notary Public
PAULETTE TERWILLIGER
Notary Public,State of New York
No.01TE61568og
Qualified in Tompkins County ,J
Commission Expires December 4,2() ,J
AFFIDAVIT OF SERVICE BY MAIL
STATE 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 5th day of March 2014,deponent served the within Notice upon the property owners of the following Tax Parcel Numbers:
102 Walnut St.,Tax Parcel 53.-3-9,Sign Variance
Helen Ballantye Cortland Bassett&Regina Lennox Fernando Botelho
241 Hunt Hill Rd 105 Clover Ln 817 Mitchell St
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Anne Carson Cornell University Louise Furnas
811 Mitchell St Real Estate Department 113 Clover Ln
Ithaca,NY 14850 PO Box DH, 15 Thornwood Dr Ithaca,NY 14850
Ithaca,NY 14853-2801
Richard Furnas Robert Grommes&Rebecca Hennessy Larry&Sara Jane Hymes
I I I Clover Ln 113 Walnut St 120 Vine St
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Carol Kalafatic Jonathan Kaplan&Stephanie Martin Richard&Donna Kuhar
Y)1 '1,1,,5 Mitchell St 806 Mitchell St 108 Clover Ln
.aaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
David&Kathleen Orr Charles&Hollie Pettit Calille Robcis&Yael Kropshy
124 Vine St 3677 Bates Rd 804 Mitchell St
Ithaca,NY 14850 Medina,NY 14103 Ithaca,NY 14850
Paul Rubin Edward Sampson&Nicole Margirier Warren Schlesinger
PO Box 313 805 Mitchell St 42 V2Esty St
Ithaca,NY 14851 Ithaca,NY 14850 Ithaca,NY 14850
David&Pamela Shapiro Belle Sherman Cottages,LLC Dan Gaultieri
807 Mitchell St Attn:Toby Millman 809 E.State St,Apt.610
Ithaca,NY 14850 6 West Lake St Ithaca,NY 14850
Skaneateles,NY 13152
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
,Depart t within the State of New York.
onkofoi ,Deputy"Townp rk
-
Town of Ithaca
Sworn to before me this 5`h
Day of March 2014.
�Cfjk%'
)tary Pubfl'Z—"
Debra DeAugistin—e—'
Notary PL111110-State of New York
No.0IDE6148035
Qualified in Tompkins Coun
My Commission Expires Juj