HomeMy WebLinkAboutZBA Minutes 1982-01-20 TOWN OF ITHACA ZONING BOARD OF APPEALS
JANUARY 20 , 1982
The Town of Ithaca Zoning Board of Appeals met in regular
session on Wednesday , January 20 , 1982 , in Town Hall , 126 East
Seneca Street , Ithaca , New York , at 7 : 30 p . m .
PRESENT : Chairman Henry Aron , Edward W . King , Edward N . Austen ,
Jack D . Hewett , Joan G . Reuning , Lewis D . Cartee
( Building Inspector ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Stewart D . Knowlton , John A . Bentkowski , Stephen
B . Gibian , Tamar Sherman ( Ithaca Journal ) , Michael
Shochett ( WTKO News ) .
Chairman Aron declared the meeting duly opened at 7 : 40 p . m .
and accepted for the record the Clerk ' s Affidavit of Posting and
Publication of the Notice of Public Hearings in Town Hall and the
Ithaca Journal on January 12 , 1982 and January 15 , 1982 ,
respectively , together with the Secretary ' s Affidavit of Service
by Mail of said Notice upon each of the various neighbors of the
properties in question , upon the Tompkins County Commissioner of
Planning , and upon each of the Appellants and their Agents , as
parties to the actions , on January 13 , 1982 .
APPEAL OF PAUL ERDMAN , APPELLANT , JOHN A . BENTKOWSKI , AS AGENT ,
FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO
ERECT TWO ( 2 ) SIXTEEN SQUARE FOOT ( 16 SQ . FT . ) FREESTANDING SIGNS ,
ONE ON EAST KING ROAD AND ONE ON TROY ROAD , TOWN OF ITHACA TAX
PARCEL NO . 6 - 44 - 1 - 4 . 32 . PERMISSION IS DENIED UNDER SECTION
4 . 01 - 1 ( a ) OF THE TOWN OF ITHACA SIGN LAW ( LOCAL LAW # 6 - 1980 ) .
Chairman Aron declared the Public Hearing in the above -noted
matter duly opened at 7 : 41 p . m . and read aloud the Notice as
published and as noted above . Chairman Aron read aloud from the
Appeal Form as signed and submitted by John A . Bentkowski under
date of January 13 , 1982 , as follows : If sign [ s ] is [ are ]
needed to advertise and test the market for a possible sale of
the land . A 2 ' x 3 ' foot [ sic . ] sign is very small in relation
to the amount of road frontage involved . A 4 ' x 4 ' sign is
requested because of size aiding visibility . "
Chairman Aron stated that the matter of this request for
signs had been brought before the Planning Board on January 5 ,
1982 . Chairman Aron read the Planning Board Resolution on the
matter as follows :
" MOTION by Mr . Montgomery May , seconded by Mr . James Baker :
RESOLVED , that the Town of Ithaca Planning Board , acting as
the Sign Review Board , recommend and hereby does recommend to the
Town of Ithaca Zoning Board of Appeals that approval be granted
for two proposed freestanding signs of 16 sq . ft . each located on
J
, Zoning Board of Appeals 2 January 20 , 1982
® . the Paul Erdman property on the corner of East King Road and Troy
Road , with the understanding that said signs will be removed
within six ( 6 ) months ' time and that the parties be advised that
,they cannot sell off more than two lots without subdivision
approval .
Aye - May , Grigorov , Schultz , Baker , Stanton , Mazza , Langhans .
Nay - Klein .
{
The MOTION was declared to be carried . "
Chairman Aron noted that the proposed signs will each read :
" Building Lots For Sale Call 273 - 0215 " . Mrs . Reuning inquired
as to approximately how much land was involved . Mr . Bentkowski
stated that there are about 200 acres . Mr . King asked if there
were any buildings not owned by Erdman . Mr . Bentkowski stated
,that there were not , adding that some acreage in the area is
owned by Sibley Corporation , Mr . Bentkowski stated that all of
the homes in the area are on King Road ; there is nothing on Troy
Road , Mr . Bentkowski commented that there is a small knoll where
one sign will be located . Chairman Aron asked if anyone were
interested in the land as of this moment . Mr . Bentkowski
replied , no .
Chairman Aron asked if there were anyone present who wished
to speak for or against the matter of the Erdman Appeal . No one
spoke .
Mr . Bentkowski stated that he was working with Mr . Fabbroni
the Town Engineer , on the subdivision . Mr . King commented that
if approval were granted , the matter could be brought back to the
Board if the owner wanted to extend the time for the signs to be
in place .
Chairman Aron asked if there were any further questions from
the Board or questions from the public . There were none .
Chairman Aron declared the Public Hearing closed at 7 : 48 p . m .
MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
approve and hereby does approve the placement , for a period of
six months , of two 4 ' x 4 ' freestanding signs , each reading
" Building Lots for Sale " , " Call 273 - 0215 " , to be located on the
Paul Erdman property , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 ,
on the corner of East King Road and Troy Road .
{
There being no further discussion , the Chair called for a
vote .
Aye - Aron , King , Austen , Hewett , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
:Zoning Board of Appeals 3 January 20 , 1982
Chairman Aron declared the matter of the Erdman Appeal duly
closed at 7 : 50 p . m .
APPEAL OF GROFF ASSOCIATES , APPELLANT , STEWART D . KNOWLTON , AS
AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING
;PERMISSION TO ERECT A SIX SQUARE FOOT ( 6 SQ . FT . ) FREESTANDING
SIGN AT THE EAST END OF THE EAST HILL PLAZA , TOWN OF ITHACA TAX
PARCEL NO . 6 - 62 - 2 - 1 . 121 . PERMISSION IS DENIED UNDER SECTION
4 . 02 - 2 OF THE TOWN OF ITHACA SIGN LAW ( LOCAL LAW # 6 - 1980 ) .
Chairman Aron declared the Public Hearing in the above -noted
matter duly opened at 7 : 51 p . m . and read aloud the Notice as
Published and as noted above . Chairman Aron read aloud from the
Appeal Form as signed and submitted by Stewart D . Knowlton under
'date of January 6 , , 1982 , as follows : " . . . Having been denied
permission to erect a 6 square ft . freestanding sign at east end ,
East Hill Plaza . . . A freestanding sign is needed to indicate to
general public the location of Black Star Bicycle - Ski Shop and
Cornell University Patents & Licensing Offices . Both are located
In a new addition at east end of East Hill Plaza . " Chairman Aron
stated that this sign matter was also before the Town Planning
Board on January 5 , 1982 , and read aloud the Planning Board
Resolution as adopted that date , as follows :
" MOTION by Mr . Bernard Stanton , seconded by Mr . Montgomery May :
RESOLVED , that the Town of Ithaca Planning Board , acting as
Nthe Sign Review Board , recommend and hereby does recommend to the
Town of Ithaca Zoning Board of Appeals approval of the proposed 6
sq . ft . freestanding sign in the shape of an arrow and reading
' Black Star Bicycle and Ski Shop / Cornell University Patents and
Licensing ' , to be located at the east end of the East Hill Plaza
for a period of one year .
. . .
Aye - May , Grigorov , Schultz , Baker , Stanton , Mazza , Klein ,
Langhans .
Nay - None .
The MOTION was declared to be carried unanimously . "
Chairman Aron asked if there were anyone present who wished
to speak to the matter of the sign requested by East Hill Plaza .
No one spoke . Chairman Aron declared the Public Hearing closed
at 7 : 55 p . m .
Mr . King asked Mr . Knowlton just where the proposed sign
would be situated . Mr . Knowlton stated that it is proposed to be
placed at the extreme east end of the Plaza - where the FBC was
on a rise there where the " Hardware " store was to be located .
Mr . Knowlton stated that the sign would be 840 feet from the Judd
Falls Road right of way , 790 feet from the Pine Tree Road right
of way , and 664 feet from the Ellis Hollow Road right of way . He
commented that the sign is essentially an on - site directional
sign , adding that it will be about 45 feet off of a little apron .
Mr . Knowlton asked the Chairman if , at the end of a year , this
young man ( Black ) and the other office that this sign directs
persons to , saw a need for this sign , would his procedure be to
Zoning Board of Appeals 4 January 20 , 1982
a
• come back to this Board . Chairman Aron stated that that would be
the case.
MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett :
i
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
approve and hereby does approve the placement of a six square
'foot sign in the shape of an arrow reading " Black Star Bicycle
and Ski Shop / Cornell University Patents and Licensing " at the
east end of the East Hill Plaza for a period of twelve months .
By way of discussion , Mr . King stated that he wouldP refer a
permanent sign since it is so far back from the roadways .
Mr . Hewett stated that he withdrew his second . Chairman
Aron declared the Motion failed for lack of second .
MOTION by Mr . Edward Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
approve and hereby does approve the placement of a permanent six
square foot sign in the shape of an arrow reading " Black Star
Bicycle and Ski Shop / Cornell University Patents and Licensing " at
the east end of the East Hill Plaza .
Prior to the offering of a second to the Motion , Mr . Cartee
stated that he would prefer one year or possibly two years which
would give the Bike and Ski Shop , particularly , identification .
Chairman Aron stated that all the Board members know of Mr .
Knowlton ' s pride in this shopping centre , adding that it is a
pleasure for him , personally , to drive up there . Chairman Aron
stated that if Mr . Knowlton feels this sign would serve its
properties in , say 18 months or 12 months , he , personally , thinks
he would take , it down without the Board giving him a time limit
if it does not . Mr . Cartee asked if the Board had any problems
with permitting a sign for one year with an option to renew .
There being no second to Mr . Austen ' s Motion , the Chair
declared it failed because of lack of second .
MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
approve and hereby does approve the placement of a six square
foot freestanding sign in the shape of an arrow and reading
" Black Star Bicycle and Ski Shop / Cornell University Patents and
Licensing " , at the east end of East Hill Plaza , Town of Ithaca
Tax Parcel No . 6 - 62 - 2 - 1 . 121 , for one year with such approval
being renewable on application to said Board of Appeals .
There being no further discussion , the Chair called for a
vote .
Zoning Board of Appeals 5 January 20 , 1982
® Aye - Aron , King , Austen , Hewett , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Groff Associates
Appeal duly closed at 8 : 00 p . m .
APPEAL OF DR . LOUIS W . MUNCHMEYER , APPELLANT , WILLIAM DOWNING
ASSOCIATES , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR
DENYING A PERMIT TO CONSTRUCT A MEDICAL CLINIC ON A PORTION OF
THE PROPERTY KNOWN AS 1285 TRUMANSBURG ROAD ( TOMPKINS COUNTY
PROPERTY ) , TOWN OF ITHACA TAX PARCEL N0 , 6 - 24 - 3 - 2 . 2 , SPECIAL
APPROVAL OF THE ZONING BOARD OF APPEALS BEING REQUIRED UNDER
ARTICLE V , SECTION 18 , PARAGRAPH 11 , OF THE TOWN OF ITHACA ZONING
ORDINANCE .
Chairman Aron declared the Public Hearing in the above -noted
matter duly opened at 8 : 01 p . m . and read aloud the Notice as
published and as noted above . Chairman Aron read aloud from the
Appeal Form as signed and submitted by L . W . Munchmeyer Jr . , M . D . ,
under date of December 15 , 1981 , as follows : " . . . Having been
denied permission to build a medical office building at corner of
Hospital Road and Indian Creek Road . . . There is no other land
available near the hospital which suits the purposes of a medical
office building . " Chairman Aron stated that this matter was also
before the Planning Board on January 5 , 1982 and proceeded to
read aloud the Resolution duly adopted by said Planning Board
that date , as follows :
" MOTION by Mr . Montgomery May , seconded by Mr . Edward Mazza :
RESOLVED , that the Town of Ithaca Planning Board inform and
hereby does inform the Town of Ithaca Zoning Board of Appeals
that said Planning Board approves in concept the use of
approximately 8 . 6 acres of Town of Ithaca Tax Parcel No .
6 - 24 - 3 - 2 . 2 , presently owned by the County of Tompkins , and known
as 1285 Trumansburg Road , as proposed by Dr . Louis W . Munchmeyer ,
Jr . , with the 200 - foot set back of said proposed 8 . 6 acre parcel
from Indian Creek Road . Said Planning Board recognizes that the
site plan here presented by said Dr . Munchmeyer is a preliminary
proposal involving a much larger piece of land , some 190 acres ,
upon which there may be some very significant changes of which
the Board is not aware but is concerned about . Said Planning
Board also recognizes that the 8 . 6 acre portion of this large
piece of land now before this Board is a considerable amount of
land and , therefore , said Planning Board would be concerned about
future development , if any , behind the proposed medical office
building .
It is the opinion of the Town of Ithaca Planning Board that
the parking in the rear of the proposed building appears to be
compatible and desirable ; the choice of location of this proposed
• medical office building and the manner in which the overall plan
of Dr . Munchmeyer is proposed seems to fit well with the proposed
Zoning Board of Appeals 6 January 20 , 1982
® � usage , as the Planning Board understands it , enunciated by the
County .
The Town of Ithaca Planning Board , recognizing that the
200 - foot set back from Indian Creek Road of the proposed 8 . 6 acre
parcel may some day be used for residential properties ,
recommends to the Zoning Board of Appeals that the proposed
medical office building itself and the parking lot itself be no
closer than 50 feet from the back line of such 200 - foot set back ,
and , the medical office building itself be no closer than 100
feet from the County Service Drive ( now known as Hospital Drive ) ,
being the proposed east property ' line .
The Planning Board wishes to inform the Zoning Board of
Appeals that said Planning Board has discussed the drainage down
toward the Hospital with the Town Engineer .
And finally , the Planning Board wishes to recommend to the
Zoning Board of Appeals that at such time as the proposed medical
office building plans may be approved by said Zoning Board of
Appeals , the following details should be specifically in place :
1 . Drainage details including any moving of the diversion
ditch .
2 . Storm sewers in parking lot area .
3 . Curbing ,
4 . Lighting .
5 . Garbage ,
6 . Vegetation left on site .
7 . The specific building and its location upon the
Nproposed parcel .
Aye - May , Grigorov , Schultz , Baker , Stanton , Mazza , Klein ,
Langhans .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman May , with Board concurrence , noted for the record
.that the Planning Board had received and reviewed the Short
Environmental Assessment Form as submitted by Wm . Downing ,
Architect , on behalf of Dr . Munchmeyer , dated December 21 , 1981 ,
and , as reviewed by Mr . Fabbroni on December 29 , 1981 with a
negative declaration recommended by Mr . Fabbroni as follows :
' Negative Declaration with following clarifications
guarantee from County that service drive providing access to site
will always be owned and maintained by County ; 2 ) no access will
be developed directly onto Indian Creek Road ; 3 ) all drainage
will be handled by County on old hospital site ' . Mr . May stated
that the Planning Board is not the lead agency in this matter and
would pass . the actual determination on to the Zoning Board of
Appeals . "
Chairman Aron asked if there were anyone present who wished
to speak for or against the matter of the Munchmeyer Appeal . No
I
ne spoke . Chairman Aron closed the Public Hearing at 8 : 09 p . m .
•
Zoning Board of Appeals 7 January 20 , 1982
® • Mr . Stephen Gibian presented the proposed site plan and
preliminary floor plans to the Board , copies of which the members
had received prior to the meeting . Mr . Gibian stated that the
plan previously submitted by Dr . Munchmeyer showed a parcel of
approximately 8 . 6 acres , whereas the presently proposed parcel
now contains 5 . 2 acres ± . He noted that there is 500 feet of
frontage on the service road and 330 feet on Indian Creek Road .
He stated that the 200 - foot setback is now agreed to by the
Doctor , much of which is to be forever wild . Mr . Gibian
described a natural meadow and a drainage swale which flows
presently northward . He described the direction that all
drainage takes and proceeded to describe the drainage in detail
while noting that storm sewers might not be necessary . Mr .
Gibian described the curbs to be utilized , commenting that they
are not for drainage reasons . He stated that the facility would
not be open at night , however , there would be security lighting ,
adding that the trees would serve as an effective shield . Mr .
Gibian stated that there would be three doctors in one side , plus
Dr . Munchmeyer , in an area of approximately 4 , 000 to 5 , 000 square
feet and two physicians on the other side . He stated that the
basement , as the ground floor , is to be unfinished , however , the
outside is to be finished . He noted that it is a two - story
building .
Mr . Austen asked if the roadway had been discussed any
further . Mr . Gibian stated that there probably will be an
agreement with the County to maintain access from the hospital ,
adding that that service road meets Indian Creek Road , Mr .
Gibian stated that , basically , what the Doctors want is a nice
lot and building where they can look out and see trees and have
access to the hospital .
Chairman Aron asked what the number of Doctors involved
might be . Mr . Gibian stated that there may be ten to twelve ,
adding that the proposal indicates 59 parking spaces . It was
noted that the Ordinance requires 4 parking spaces per doctor .
Mr . Hewett inquired if there had been any word from any of
the neighbors . Mr . Cartee stated that he had not been called ;
the Secretary noted that nine neighbors had been served by mail .
Mr . King inquired about sewage disposal . Mr . Gibian
described the Town sewers in place behind the " H " building and
noted that Town water is a little closer . Chairman Aron asked if
electricity were available . Mr . Gibian stated that electricity
is in place along Indian Creek Road and work is being done on
burying the lines . Mr . Cartee noted that the address of the " H "
building is 1287 Trumansburg Road . Mr . King wondered what
arrangements would be made for garbage . Mr . Gibian stated that
the Doctors would contract with Collins Disposal Service . Mr .
King stated that this location seems ideal for this kind of
41 operation . Chairman Aron pointed out that special approval of
the Board of Appeals is required under the terms of the zoning
Zoning Board of Appeals 8 January 20 , 1982
j
i
® � ordinance . Mr . Cartee stated that he would recommend to the
Board , in the event special approval should be granted , that such
grant be subject to the seven ( 7 ) specific conditions stated by
the Planning Board , which the Chairman read earlier , and their
being placed under the jurisdiction of the Town Engineer ' s
Office , i . e . , all the items relative to drainage , curbing , etc .
Mr . Cartee also pointed out that the plan described by Mr . Gibian
indicates that the Doctor would not want to build on the 200 - foot
,setback and only move the building to 40 feet from that 200 - foot
setback , which may be okay , however , he ( Cartee ) added that if it
is moved later then the whole thing goes back to the Planning
Board and the Zoning Board of Appeals .
Mr . King requested the Chair ' s permission to abstain from
any vote ; permission was granted .
MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals ,
acting as lead agency in the review of the proposed medical
clinic on a portion of the property known as 1285 Trumansburg
Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 2 , approve and
hereby does approve the Environmental Assessment Form ( Short
Form ) , dated December 21 , 1981 , as completed by William Downing ,
Architect , for Dr . Louis W . Munchmeyer Jr . , and as reviewed by
the Town Engineer on December 29 , 1981 recommending a negative
declaration with the following clarifications : 1 ) guarantee from
County that service drive providing access to site will always be
owned and maintained by County ; 2 ) no access will be developed
directly onto Indian Creek Road ; 3 ) all drainage will be handled
by County on old hospital site ; and
FURTHER RESOLVED , that pursuant to the State Environmental
Quality Review Act , Part 617 , this action is classified as
Unlisted ; and
FURTHER RESOLVED , that the Town of Ithaca Zoning Board of
Appeals has determined from the Environmental Assessment Form and
all pertinent information that the above -mentioned action will
not significantly impact the environment and , therefore , will not
require further environmental review .
There being no further discussion , the Chair called for a
Vote ,
Aye - Aron , Austen , Hewett , Reuning .
Nay - None .
Abstain - King .
The MOTION was declared to be carried .
1
MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett :
Zoning Board of Appeals 9 January 20 , 1982
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant special approval , pursuant to the
requirements of the Town of Ithaca Zoning Ordinance including the
requirements of Article V , Section 18 , Paragraph 11 , thereof , to
the Appellant , Louis W . Munchmeyer Jr . , M . D . , to build a medical
office building at the corner of Hospital Road and Indian Creek
Road as per drawings prepared by William Downing Associates
Architects entitled " Site Plan " and " Preliminary Plans " , Project
Number 81 - 543 , Sheets Number P - 1 and P - 2 , as revised January 14 ,
1982 , on an approximately 5 . 2 acre portion of Town of Ithaca Tax
Parcel No . 6 - 24 - 3 - 2 . 2 , subject to the following conditions , the
specific details of which shall be placed under the jurisdiction
of the Office of the Town Engineer :
1 . Drainage details including any moving of the diversion
ditch .
2 . Storm sewers in parking lot area .
3 . Curbing .
4 . Lighting ,
5 . Garbage .
6 . Vegetation left on site .
7 . The specific building and its location upon the proposed
parcel .
There being no further discussion , the Chair called for a
vote .
Aye - Aron , Austen , Hewett , Reuning .
Nay - None .
Abstain - King .
The MOTION was declared to be carried .
Chairman Aron declared the matter of the Munchmeyer Appeal
duly closed at 8 : 55 p . m .
ADJOURNMENT
Upon Motion , Chairman Aron declared the January 20 , 1982
meeting of the Town of Ithaca Zoning Board of Appeals duly
adjourned at 8 : 56 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
Henry A on , • Chairman