HomeMy WebLinkAboutZBA Minutes 1985-02-27 }
TOWN OF ITHACA ZONING BOARD OF APPEALS
FEBRUARY 27 , 1985
The Town of Ithaca Zoning Board of Appeals met in- regular session on
Wednesday , February 27 , 1985 , in Town Hall , 126 East Seneca Street , Ithaca ,
New York , at 7 : 00 p . m .
PRESENT : Vice Chairman Edward N . Austen , Edward W . King , Joan G . Reuning ,
Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller
( Secretary ) .
ALSO PRESENT : Stewart D . Knowlton , Susan Hamilton , Ray Delli - Carpini ,
Attorney Laura H . Holmberg , Roger M . Battistella , James
Iacovelli , Douglas Hoffman , Richard J . Correnti , Jonathan C .
Meigs , Kate Whidden ( WTKO News ) , Jim Forman ( WHCU News ) .
Vice Chairman Austen declared the meeting duly opened at 7 : 10 and
accepted for the record the Clerk ' s Affidavit of Posting and Publication of
the Notice of Public Hearings ( 7 ) in Town Hall and the Ithaca Journal on
February 19 , 1985 and February 22 , 1985 , respectively , together with the
Secretary ' s Affidavit of Service by Mail of said Notice upon the various
neighbors of each of the properties in question , as appropriate , upon the
Tompkins County Commissioner of Planning , and upon each of the Appellants
and / or Agent , as party to the action , on February 20 , 1985 .
ADJOURNED APPEAL ( FROM JANUARY 23 1985 ) OF Ro D -
ELLI CARPINI , J . FAIRCHILD ,
AND J . SAROKA , APPELLANTS , IN RE THE CONVERSION OF AN EXISTING GARAGE ON A
DEVELOPED LOT IN A RESIDENCE DISTRICT R15 TO A PLACE OF WORSHIP ( PUBLIC
PLACE OF ASSEMBLY ) AT 203 PINE TREE ROAD , TOWN OF ITHACA TAX PARCEL N0 ,
6 - 57 - 1 - 1 .
Vice Chairman Austen declared the Adjourned Public Hearing in the
above - noted matter duly opened at 7 : 11 p . m . and read aloud from the Notice
of Public Hearings as posted and published and as noted above . Mr .
Delli - Carpini was present .
For the record , it was noted by the Board that the members had before
them a copy of the Minutes of the February 19 , 1985 Meeting of the Town of
Ithaca Planning Board where the following Resolutions were duly adopted :
( 1 ) " RESOLVED , that the Planning Board approve and hereby does approve the
site plan for the Ithaca Christian Fellowship as presented . " ; ( 2 )
" RESOLVED , that the Planning Board recommend and hereby does recommend that
the Zoning Board of Appeals grant Special Approval for a place of worship
at 203 Pine Tree Road with the condition that the membership remain less
than forty persons . " It was further noted that the members had a copy of
the marked up survey map which had been reviewed by the Planning Board .
Mr . Delli -Carpini stated that , as for the number of " 4011 , he and the
Board had talked about a table and a wood stove in the garage area which is
O19 ' x 19 ' and which equals 361 square feet , and from that you subtract 30
square feet for the wood stove , which is the only permanent fixture , and
*ning Board of Appeals 2 February 27 , 1985
• then you divide by 7 square feet per person . Mr . Delli -Carpini stated that
he had guessed at 40 , but in reality , it could be 47 .
Mr . Cartee stated to the. Board that he thought he would like to
reserve the numbers of people , adding that he would request that the Board
not put any definite numbers inasmuch as we do not have an accurate drawing
for the inside of this building which he [ Cartee ] will have at the time he
[ Delli -Carpini ] applies for building permit , and , at that time , it will be
evaluated pursuant to the New York State Uniform Fire Prevention and
Building Construction Code .
Referring to the " site plan " , Mr . King observed that the Board is
talking about the building labelled as garage . Mr . King inquired if the
Planning Board made any stipulation with respect to Snyder Hill Road . Mr .
Delli -Carpini stated that they do not have access to Snyder Hill Road . Mr .
King asked Mr . Delli -Carpini what his plans were for construction of the
renovations . Mr . Delli - Carpini stated that they had no immediate plans for
construction except for some sheet rock and maybe some carpet .
Mr . Cartee stated that , if the Board approves this use which they are
operating now , then the Code will require that they meet certain
requirements whether they have funds or not , adding that the meeting place
must be as close to Code as it can be . Mr . King wondered if Mr . Cartee
were saying that the Board is considering the use for approval but it is
not approving any particular construction plan . Mr . Car- tee concurred .
Discussion followed with respect to the " loop " driveway shown on the survey
• map and whether ingress and egress should be in one way and out another or
both . Mr . Delli - Carpini stated that , generally , his parishioners come in
one and out the other .
Mr . King stated that he felt very uncomfortable without having
anything from the Town Attorney and with having very little from the
Planning Board . Mr . King stated to Mr . Delli -Carpini that if he were not
anxious for an approval as to the use which is at present occuring , he
would consider adjourning so that more information could be received . Mr .
Delli -Carpini stated that he thought that after all the meetings that they
had specified what the Planning Board wanted , adding that they thought
after the Planning Board the matter came back to this Board for a decision
tonight . Mr . King expressed his concern that the Planning Board had not
spoken to -any of the proposed conditions which they had been asked to do .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the
Adjourned Public Hearing in the matter of- the Delli - Carpini et al Appeal ,
be and hereby is further adjourned until March 20 , 1985 , at 7 : 00 p . m .
There being no further discussion , the Vice Chair called for a vote .
Aye - Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
7`6ning Board of Appeals 3 February 27 , 1985
Vice Chairman Austen declared the matter of the Delli -Carpini et al
• Appeal duly adjourned .
APPEAL OF IDE ' S ENTERPRISES , INC . , APPELLANT , SCOTT HAMILTON , AGENT , FROM
THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ERECT A WALL
SIGN OF 30 SQ . FT . AT 10 - 12 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL N0 ,
6 - 62 - 1 - 3 . 2 . PERMISSION IS DENIED UNDER SECTION 4 . 02 - 2 ( 1 ) OF THE TOWN OF
ITHACA SIGN LAW , LOCAL LAW NO . 6 - 1980 .
Vice Chairman Austen declared the Public Hearing in the above - noted
matter duly opened at 7 : 40 p . m . and read aloud from the Notice of Public
Hearings as posted and published and as noted above .
Mr . Cartee stated that Mr . Hamilton was unable to attend because he
had to go out of Town unexpectedly , however , his wife is here . The Appeal
Form , copies of which each Board member had before him/ her , as signed and
submitted by Scott Hamilton under date of January 17 , 1985 , reads as
follows : " . . . Having been denied permission to erect a sign ( 3 ' x 101 ) at
10 - 12 Judd Falls Road . . . We need this additional sign space to publicize our
special events . We feel that we have designed an attractive sign which is
a valuable addition to our exterior appearance . 9[We further understand
that we are well within the square footage required . Your approval will be
greatly appreciated . " Attached to the Appeal Form , and to the copies , were
two colored photographs of the sign under discussion ; a copy of Sign Permit
# 16 issued May 12 , 1976 , showing all the signs which have permits a copy of
• the Sign Permit Application dated November 15 , 1984 , for the sign in
question ; and a copy of the drawing describing the sign in detail as
prepared by Rudy Christopher of Cayuga Signs .
Mr . Cartee stated that there are three separate signs in place at
Ide ' s for a total of 73 square feet and to that is to be added the
requested sign for an additional 30 . 75 square feet . Mr . Cartee noted that
the frontage on the building is over 150 feet and the Sign Law allows one
square foot of signage per lineal front footage in Business " C " . Mr .
Cartee pointed out that , here , we have three signs and a request for one
more , adding that the sign is in place and has replaced a sign that was
there for a restaurant and it uses the same frame . Mr . Cartee commented
that this is a seasonal - type sign . Mr . Cartee noted that the Sign Review
Board ( Planning Board ) had made a recommendation with respect to this sign
request at their January 15 , 1985 meeting .
The Secretary read the Planning Board recommendation , as follows :
" MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : RESOLVED ,
that the Town of Ithaca Planning Board , in its capacity as Sign Review
Board , recommend and hereby does recommend to the Town of Ithaca Zoning
Board of Appeals a grant of approval for the addition of a 30 - square - foot
sign , reading " IDES ' S Home of the $ 25 , 000 Easter Time Tournament Dick
Ritger ' s Academy for Bowlers " , on the north end of the facade of Ide ' s ,
10 - 12 Judd Falls Road . . . . Aye - May , Stanton , Schultz , Baker , Mazza , Klein ,
Grigorov ; Nay - None . . . . Carried unanimously . "
Vice Chairman Austen asked if there were anyone present who wished to
• speak for or against the matter of the Ide ' s sign request . No one spoke .
Zi&ning Board of Appeals 4 February 27 , 1985
• 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 sign , reading " IDES ' S Home of the $ 25 , 000 Easter
Time Tournament Dick Ritger ' s Academy for Bowlers " , as requested by Scott
Hamilton and as presented to said Board of Appeals this date , February 27 ,
1985 , and further
RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve and
hereby does approve of the issuance of a Sign Permit for such
30 - square - foot sign in place on the north end of the facade of Ide ' s , 10 - 12
Judd Falls Road .
There being no further discussion , the Vice Chair called for a vote .
Aye - Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice Chairman Austen declared the Public Hearing in and the matter of
the Ide ' s Appeal for signage duly closed .
APPEAL OF CORNELL UNIVERSITY , APPELLANT , STEWART KNOWLTON , AGENT , FROM THE
DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ERECT A
FREE - STANDING SIGN , TOMPKINS COUNTY TRUST CO . BANK BRANCH , of 21 . 2 SQ . FT . ,
• AT EAST HILL PLAZA . TOWN OF ITHACA TAX PARCEL NO . 6 - 62 - 2 - 1 . 2 . PERMISSION
IS DENIED UNDER SECTION 4 . 02 - 2 TOWN OF ITHACA SIGN LAW , LOCAL LAW NO .
6 - 1980 .
Vice Chairman Austen declared the Public Hearing in the above - noted
matter duly opened at 7 : 50 p . m . and read aloud from the Notice of Public
Hearings as posted and published and as noted above . Mr . Knowlton was
present . Each of the Board members had before him/ her the following
documents as signed and submitted by Stewart D . Knowlton under date of
February 11 , 1985 : ( 1 ) " . . . Having been denied permission to erect an
identification sign that is sometimes found at Bank locations , which not
only identifies but also shows both the time and temp . ( Sign
specifications attached ) at Ellis Hollow Rd . entranceway into East Hill
P1aza . . . The requested sign is required for normal identification of a
' banking unit ' and in this case because of the Time / Temperature ability of
the signage , it offers the people of the community area and the persons
driving down the streets a very definite service that presently is not
available anywhere in this entire southeast quadrant area of the
community . " ( 2 ) Application for Sign Permit ,
Mr . Knowlton displayed the Site Plan of the entire East Hill Plaza
property , indicated the access road ; pointed out Pine Tree Road , Judd Falls
Road , and Ellis Hollow Road ; and indicated the place where the new Bank is
going to be built . Mr . Knowlton stated that the Plaza has one
free - standing sign in place - - the "-East Hill Plaza " sign , adding that the
• Bank wants to put up a Time and Temperature sign at its new branch . Mr .
Knowlton displayed a large drawing of the proposed sign and the site plan
for the Bank showing the , location for the new sign . Mr . Knowlton noted
Zdning Board of Appeals 5 February 27 , 1985
. t ;
• that the sign is within 350 ' of Ellis Hollow Road and about 350 ' from the
Plaza buildings .
Vice Chairman Austen asked if the proposed sign were a rotating sign .
Mr . Knowlton stated that it was not .
The Secretary read from the Minutes of the Planning Board Meeting of
January 15 , 1985 , as follows : " . . . MOTION by Mr . Edward Mazza , seconded by
Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board , in
its capacity as Sign Review Board , recommend and hereby does recommend to
the Town of Ithaca Zoning Board of Appeals a grant of approval for the
proposed freestanding Time and Temperature sign proposed by the Tompkins
County Trust Company in conjunction with its proposed East Hill Plaza
drive - in banking facility , said sign proposal having been presented to the
Planning Board this date , January 15 , 1985 . . . . Aye - May , Stanton , Schultz ,
Baker , Mazza , Klein , Grigorov ; Nay - None . . . . Carried unanimously . "
Mr . King asked how high the proposed sign is , with Mr . Knowlton
responding , 20 feet . Mr . King wondered how that height compared with the
" East Hill Plaza " sign already in place . Mr . Knowlton replied that he
thought that sign was about 32 feet high , adding that this sign would be
below the thirty - foot height line . Mr . Knowlton briefly described the
activities of the bank and the drive - in area and pointed out that there is
no other identification on the bank .
Vice Chairman Austen asked if there were anyone present who wished to
• speak for or against the requested Trust Company sign . No one spoke .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant a variance from the requirements of Section 4 . 02 - 2 of the
Town of Ithaca Sign Law to permit the issuance of a Sign Permit for the
proposed freestanding Time and Temperature sign proposed by the Tompkins
County Trust Company in conjunction with its proposed East Hill Plaza
drive - in banking facility , said sign proposal having been presented to the
Zoning Board of Appeals this date , February 27 , 1985 , by Stewart D .
Knowlton , Agent for Cornell University and the Tompkins County Trust
Company .
There being no further discussion , the Vice Chair called for a vote .
Aye - Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice Chairman Austen declared the Public Hearing in and the matter of
the Tompkins County Trust Company sign request duly closed .
APPEAL OF ROGER BATTISTELLA , APPELLANT , FROM THE DECISION OF THE BUILDING
INSPECTOR DENYING A PERMIT TO OPERATE A " FARM WINERY " IN AN EXISTING
STRUCTURE , 35 ' IN HEIGHT , IN AN R- 15 RESIDENTIAL DISTRICT AT 1551
SLATERVILLE ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 56 - 2 - 1 . 1 . PERMIT IS
Ztning Board of Appeals 6 February 27 , 1985
DENIED UNDER ARTICLE IV , SECTION 11 , AND ARTICLE IV SECTION 11 ( 10 ) , TOWN
OF ITHACA ZONING ORDINANCE .
Vice Chairman Austen declared the Public Hearing in the above - noted
matter duly opened at 8 : 00 p . m . and read aloud from the Notice of Public
Hearings as posted and published and as noted above . Mr . Battistella was
present , and so , too , was Mr . James Iacovelli , the contractor who had
renovated the barn under discussion .
Vice Chairman Austen read aloud from the Appeal Form as signed and
submitted by Roger M . Battistella under date of February 12 , 1985 , as
follows : " . . . Having been denied permission to establish a family - operated
farm winery at 1551 Slaterville Road . . . An existing barn was extensively
renovated and moved 12 ' from its original foundation to improve appearance
and safety . Moving it again would be a hardship . Appeal is to establish a
four -person family - operated winery in renovated structure 32 ' x 501 , ( 35 '
height ) with full utilities . Harvest to bottling - retail time approx . six
months . Sales on a daily basis ( 11 am- 5pm ) May to Sept . ; and weekends
Labor Day to Memorial Day . Initial vol . projected at 1 , 000 gals . , with
production increasing at 1 , 000 gals . annually over next 5 - 10 years ,
depending on how things go . Expect 500 visitors or 250 automobiles
annually per 1 , 000 gals . production . Offstreet parking provided for 12
vehicles . Additional space available if needed . Vineyard recycling of
waste , grape skins - stems , to be spread among rows and cultivated as
spread . "
The Zoning Board of Appeals members each had received with his / her
Agenda several documents with respect to the Battistella Appeal , including :
1 . The Appeal Form as noted by the Vice Chairman .
2 . Discussion Draft - - Farm Winery Zoning Appeal : R- 15 to R- 30 .
" FARM WINERY DEFINITION
' A farm winery is a premise located on a farm in New York State in
which wine is manufactured or sold . A licensed farm winery cannot
maunufacture more than 50 , 000 finished gallons of wine annually . '
' The wine has to be produced entirely from New York State grapes , or ,
under recent amendment to the ABC Law enacted at the Authority ' s request ,
any other fruit or agricultural products grown in New York State '
( Source : Alan J . Gardner , ' Legal Requirements in Establishing and
Operating a Farm Winery ' , Farm Winery Proceedings . Geneva : New York
State Agricultural Experiment Station 1979 . )
FARM WINERY LEGISLATION
See attached New York State Liquor Authority alcoholic beverage
control law and rules .
LOCATION OF PROPOSED FARM WINERY
1551 Slaterville Rd . See attached survey map for lot size and
boundaries .
STRUCTURE SIZE
Dutch - style barn 30 ' X 52 ' . Frame construction ( board and batten ) set
on cinderblock foundation , 35 ' to peak . Barn consists of full basement
( 10 ' ceiling ) and two floors , with full utilities .
NUMBER OF EMPLOYEES
2"67iing Board of Appeals 7 February 27 , 1985
Family business .
• RETAIL SALES HOURS
Seasonal variation : Daily , 11 am . - 5 pm . , beginning Memorial Day and
ending Labor Day . Weekends only for remainder of year .
VOLUME
Beginning with 1 , 000 gallons and expanding by 1 , 000 gallons annually
to tenth year , with production levelling off at approximately 10 , 000
gallons .
TRAFFIC PROJECTION
Estimates are based on the following assumptions , the reasonableness
of which have been verified by Mr . William Brown , Secretary , Finger Lakes
Wine Council - - a consortium of local farm wineries for joint purchasing and
promotions :
1 . Total production will be sold on site .
2 . Average visitor can be expected to purchase two bottles of wine .
3 . There are two occupants per automobile on average .
4 . Roughly 500 visitors annually are required for each thousand
gallons of wine sales .
5 . Number of automobiles annually per thousand gallons of wine
equals 250 .
The number of visitors per day ( 365 ) will begin at 1 . 4 ( 1000 gallons )
and level off at 14 ( 10 , 000 gallons ) .
The number of automobiles per day ( 365 ) will begin at 0 . 7 ( 1000
gallons ) and level off at 7 ( 10 , 000 gallons ) .
PARKING
See attached plan . New York State Department of Transportation has
• authorized construction of 2nd driveway accessing Rte . 79 , together with
piping and filling of drainage ditch from existing culvert face - to distance
near back of barn .
WASTES GENERATION - DISPOSAL
On average , two ( 2 ) gallons of waste water are required for each
gallon of wine . Solids consisting of grape skins will be returned to
fields .
In addition to clean washing and rinse water , waste water entering
sewage system occasionally will include dead yeast cells and potassium
bitartrate ( cream of tartar ) , when fermentation vessels are cleansed . "
3 . Site Plan ( undated ) .
4 . Drawing dated 2 / 12 / 85 , drawn by Roger Yonkin , showing proposed access /
egress , driveway profile , parking lot , placement of 54 " pipe and rip - rap ,
with attached detail sheet .
5 . Short Environmental Assessment Form , completed and signed by Roger M .
Battistella under date of January 23 , 1985 , with all questions answered
" no " ; reviewed by Peter M . Lovi , Town Planner , under date of January 30 ,
1985 , with the following recommendation :
" On the basis of the following findings , I recommend that a negative
determination of environmental significance be made .
1 . This• project will not create a substantial adverse change in existing air or water quality .
2 . Noise levels associated with automobile traffic will increase ,
though I do not believe a projected average traffic flow of 7
Zoning Board of Appeals 8 February 27 , 1985
• cars / day at full capacity to be significant , given the overall
level of traffic on State Route 79 ,
3 . All solid wastes will be returned to the site ; water will be
disposed of through the sanitary sewer system .
4 . There will not be a potential increase in erosion , flooding , or
drainage problems if proper soil maintenance practices are
followed . Proposed Department of Transporation drainage
improvements will not be compromised by this project .
5 . The project will not destroy large quantities of vegetation or
fauna , and will in fact cultivate a high value crop .
6 . There is no evidence that the project will interfere with the
movement of any resident migratory fish or wildlife species nor
will the project have any substantial adverse impacts on a
threatened or endangered species of plant or animal .
7 . A projected maximum of 5000 visitors annually will not interfere
with the predominantly residential character of the area .
8 . The project will create a material conflict with the Town Zoning
Ordinance . However , a portion of the vineyard is zoned R30 , and
a roadside stand for the sale of farm products is a permitted use
in such zones . Though the Zoning Board of Appeals is responsible
for interpreting the Zoning Ordinance , and the Town Board is the
only body empowered to make legislative determinations , I do not
believe that this material conflict is significant .
9 . This project will not impair the archeological , architectural , or
historic qualities of the area . Insofar as the owner has made a
• substantial restoration of the barn and an investment in the
vineyard , I believe that the aesthetic character of the area has
been improved .
10 . There will be no significant difference in the types or
quantities of energy used in this project as compared with
residential uses in our Town .
11 . The New York State Department of Transportation has authorized a
second driveway on Slaterville Road . The parking areas appear
adequate for the projected traffic flow . The use of pesticides
should be controlled and monitored closely so that there is no
possibility of runoff into the City of Ithaca reservoir . There
are no other aspects of the project which might create either a
short- run or long - term hazard to human health or safety .
12 . The proposed use is compatible with existing uses , both in type
and intensity .
13 . I cannot foresee the creation of a future , material demand for
any action which may have a significant environmental impact as
the result of this project . "
6 . Planning Board Minutes , February 19 , 1985 .
The record also contains ( 1 ) Survey Map entitled , "' Map of Former
William E . Hart Lands on Slaterville Road in Town of Ithaca , N . Y . , dated
April 4 , 1964 , signed and sealed by Carl Crandall , C . E . , and ( 2 ) 8 pages
from " New York State Liquor Authority - - Alcoholic Beverage Control Law and
Rules of State Liquor Authority , September 1 , 1977 , which include an update
• of same dated 1980 .
Voning Board of Appeals 9 February 27 , 1985
Mr . Battistella stated that he did not know what else he could say
other than what has been put in writing .
Vice Chairman Austen clarifed with Mr . Battistella the location of the
barn . Mr . King noted that the barn is on the westerly side of the road .
Mr . King commented that Mr . Battistella ' s literature does not mention
deliveries . Mr . Battistella stated that they want to start out small ,
adding that there is sufficient acreage to grow whatever they need - -
deliveries are not a problem . Mr . King stated that he had looked at the
site and the dip is horrendous . Mr . Battistella stated that he has worked
with the NYS DOT and they have drawn up a plan for just that reason , which
the Board had received , adding that they will also have fill placed .
Discussion followed with respect to clarification as to the map approved by
the Planning Board , it being determined that it was the undated Site Plan ,
Vice Chairman Austen asked if there were anyone present who wished to
speak for or against the Battistella Appeal ,
Mr . Jonathan C . Meigs , City of Ithaca , spoke from the floor and asked
how the waste will be disposed of . Mr . Battistella stated -that the liquid
will go into the sewer system from the barn ; the solid waste will go into
the vineyard . Vice Chairman Austen stated that Mr . Meigs was welcome to
review the EAF and its review . Mr . Meigs offered that he was satisfied .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals , with
respect to the farm winery as proposed by Roger M . Battistella , make and
hereby does make a negative declaration as to environmental impact , noting
that there are no adverse effects that cannot be tolerated .
There being no further discussion , the Vice Chair called for a vote .
Aye - Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
Mr . King noted that there is legislation with respect to such a farm
winery which imposes certain restrictions as to size of operation beyond
which such farm winery may become no larger . Mr . King commented that there
is no request for a sign and wondered if Mr . Battistella had any plans for
signage , noting that that would be a separate matter . Mr . Battistella
stated that he had not really thought about that , commenting that he did
not think they would need a large sign and noting that it would be a local
operation .
MOTION by Mr . Edward King , seconded by Mrs . Joan - Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant a use variance to the applicant , Roger M . Battistella ,
• for the operation of a " FARM WINERY " proposed for 1551 Slaterville Road ,
Town of Ithaca Tax Parcel No . 6 - 56 - 2 - 1 . 1 , within the limits as set forth in
the petition which is indicated as not to exceed 10 , 000 gallons a year ,
Zoning Board of Appeals 10 February 27 , 1985
• with the understanding that there might be a further review by this Board
of Appeals if Mr . Battistella wishes to expand his gallonage beyond that
indicated and up to the presently permitted 50 , 000 gallons of wine annually
under the requirements of New York State , and in accordance with the Site
Plan as approved by the Planning Board on February 19 , 1985 .
There being no further discussion , the Vice Chair called for a vote .
Aye - Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice Chairman Austen declared the Public Hearing in and the matter of
the Battistella Appeal duly closed at 8 : 19 p . m .
APPEAL OF CITY OF ITHACA , APPELLANT , JONATHAN MEIGS , AGENT , FROM THE
DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO ERECT TWO
STRUCTURES TO ACCOMMODATE THE ITHACA CITY YOUTH BUREAU WITH AN APARTMENT ,
AND A MAINTENANCE FACILITY , AT 1701 NORTH CAYUGA STREET , TOWN OF ITHACA TAX
PARCELS NUMBER 6 - 18 - 2 - 11 AND 6 - 18 - 3 - 1 . PERMISSION IS DENIED UNDER ARTICLE
IV , SECTIONS 11 AND 12 , AND ARTICLE XIV , SECTION 75 , TOWN OF ITHACA ZONING
ORDINANCE .
Vice Chairman Austen declared the Public Hearing in the above - noted
matter duly opened at 8 : 20 p . m . and read aloud from the Notice of Public
• Hearings as posted and published and as noted above . Mr . Meigs was
present . Vice Chairman Austen read aloud from the Appeal Form as signed
and submitted by Mr . Meigs under date of February 19 , 1985 , as follows :
" . . . Having been denied permission to erect two buildings to accommodate the
Ithaca Youth Bureau , a maintenance facility for Stewart Park , and a park
watchman ' s apartment at 1701 N . Cayuga St . . . . Continuation in use of
existing , outmoded , inefficient , hard - to -maintain structures in which these
municipal activities are housed ; and interference with existing plans for
improvement of Stewart Park , a major community recreation facility . " It
was noted that the Board members had also received the following documents
with their agenda :
1 . Letter dated February 13 , 1985 from Jonathan C . Meigs , City Planner ,
to Mrs . Nancy Fuller - - " Please schedule some time on the agenda of the
February 19th Planning Board meeting , for an informational presentation on
the proposed Youth Bureau Facility . Perhaps fifteen minutes is all that
will be necessary for this overview of the project at its present stage of
development . 9[ In addition to familiarizing the Board with the project ,
which has only been in design a little over a month , comment received at
the meeting will be useful in refining the site plans , which is tentatively
scheduled to be submitted for formal approval at the March 5 , 1985 meeting ,
following hearing by the Zoning Board of Appeals for Special Approval of
the use on February 27 , 1985 . % The accompanying drawing gives an idea of
the direction the design is headed and its main features . The segment of
N . Cayuga St . between East Shore Dr , and the park would be relocated , to
* remove the hazard to foot traffic between Youth Bureau and park , and to
permit more design freedom and design relationship to the park . The Tin
Can ' s asbestos will be properly disposed of . The new two - storey Youth
90ning Board of Appeals 11 February 27 , 1985
Bureau will be slightly smaller than the present in both floor area and
site coverage . Though early thinking was to incorporate space for park
maintenance in a single structure , along with a park watchman ' s apartment ;
it now seems to make sense to house maintenance separately . The ' Info '
denotes some provision for the Chamber of Commerce booth which seems an
appropriate function for this location . JI look forward to the meeting . "
Attached to the above - noted letter and before the Board was a reduced copy
of " schematic site plan " entitled " Ithaca Youth Bureau " showing the new
plans overlaid upon the outline of the existing Tin Can . The Board members
each had also received a copy of the February 19th Planning Board Minutes .
Mr . Meigs appended an air photo of the area to the bulletin board with
an overlay showing the proposed plans for the new Youth Bureau , the
apartment to be contained therein , the park maintenance facility , the
Chamber of Commerce information booth , the parking , and the proposed road
relocation . Indicating on the drawing , Mr . Meigs described the area and
what is there presently and what is proposed to be there . Mr . Meigs stated
that the City undertook about two years of analysis for this site . Mr .
Meigs described the Naval Facility which is , of course , the location of the
present Youth Bureau , commenting that it is old with certain maintenance
problems . Mr . Meigs noted that the proposal is to demolish the existing
Tin Can [ the old Naval Facility ] . Utilizing the drawing , Mr . Meigs pointed
out what lands the City owns that are in the Town of Ithaca . Mr . Meigs
stated that it was decided to include this facility as a part of the
Stewart Park Master Plan . Mr . Meigs indicated on the drawing the proposed
road relocation and particularly pointed out the road area to be abandoned .
Mr . Meigs described the apartment proposed to be within the new facility
and , also , in connection with the improvement to Stewart Park , a relocation
of the maintenance facility as a separate structure . Mr . Meigs referred to
reduced scale drawings and photographs of working models of the proposed
facility which he displayed together with two elevation drawings for the
floors . Mr . Meigs pointed out the two - stories of the proposed Youth Bureau
Facility and indicated that it may be 31 feet in height , although that is
not for sure at this particular stage of design . Mr . Meigs commented that
he would not go into overly lengthy descriptions of the new facility since
the Board members had received the Planning Board Minutes of February 19th
where he had described the proposal at some length , ' however , he did
describe briefly the layout , the amphitheatre , an improved culvert area
which accounted for the placement of the maintenance facility , the
activities which will occur in the new facility , the offices on the first
and second floor , and , in general , described some of the building details
and design . Mr . Meigs pointed out that the proposed facility reflects the
design vocabulary of the existing structures in Stewart Park , Mr . Meigs
stated that the City ' s thorough reading of this entire area is that this
new facility and other improvements as part of the Stewart Park Master Plan
will be a strong asset to the community and quite different in aspect to
what is there now . Referring to the environmental significance aspect of
the project , Mr . Meigs stated that a Long Form Environmental Assessment has
been submitted and is more particular to the relocation of the road which
will be before the Town Board ,
Vice Chairman Austen wondered about tree removal . Mr . Meigs stated
• that he was strongly in favor of keeping all of the trees they can .
•Ztning Board of Appeals 12 February 27 , 1985
Mr . King stated that it looked like a very well thought out plan to
integrate this facility with the Park and to get traffic away from the area
that would provide access to the Park . .
Vice Chairman Austen asked if there were anyone present who wished to
speak for or against the City of Ithaca Appeal . No one spoke .
Mr . Cartee commented that he did not see a proposed parking space ,
adding that , perhaps , he just missed it . Mr . Meigs indicated on the
drawing the location of parking in the front of the new facility , noting
that there were about a dozen , and indicated about 16 parking spaces in
another area . Mr . Meigs commented that their program associated with the
Youth Bureau called for about 30 and added that it looks like they are just
a little shy , however , there is ample space for more . Mr . Cartee noted the
Town height restriction of 30 feet . Mr . Meigs stated that he was aware of
that and added that they could come back if they need to . Mr . Cartee
wondered how large the proposed maintenance structure is , with Mr . Meigs
responding , about 6 , 000 square feet . Commenting that it has really not
been located at scale , Mr . Meigs stated that it would probably be a wood
frame structure with a block infill and either a block or perhaps a stucco
finish and maybe backed up by steel sides and sheet rock , with a built - up ,
standing - seam , roof . Mr . Cartee wondered if it would be used to house the
Park maintenance vehicles . Mr . Meigs stated that it will house the
maintenance vehicles , for Stewart Park only , including lawn mowers and the
like , adding that there will be no automotive or vehicle repair . Mr .
Cartee commented that there was discussion about the maintenance facility
• not being in this phase of the Stewart Park Master Plan . Mr . Meigs stated
that that was a possibility and still is .
Mr . King asked Mr . Cartee if he had any particular problem if the
facility might go over the height restriction . Mr . Cartee stated that he
did not , adding that he noted it in order that it might be considered for
variance .
Mr . King , noting that we have a pretty unique area here and a little
pocket of land beneath an elevated highway at the intersection with the
City ' s park and the City line , stated that he did not see that we have any
particular problem with the proposal from the point of view of the
neighborhood , adding that it would seem to integrate it and improve it , and
adding further , that he thought an apartment in the building , in terms of
overseeing the area , is important .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals , subject to
final approval of the Planning Board , grant and hereby does grant Special
Approval for the Youth Bureau Facility and Park Maintenance Facility as
presented to said Board of Appeals , at Public Hearing , this date , February
27 , 1985 , by Mr . Jonathan C . Meigs , City of Ithaca Planner , with the
understanding that if there is a deviation of the Town of Ithaca height
regulation , the Planning Board shall , at the least , be made aware of it .
• Therebeing no further discussion , the Vice Chair called for a vote .
` . 2�bning Board of Appeals 13 February 27 , 1985
• Aye - Austen , King , Reuning ,
Nay - None .
The MOTION was declared to be carried unanimously .
MOTION by Mr . Edward King , seconded by Mrs . Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant a use variance from the requirements of Article IV ,
Section 11 , of the Town of Ithaca Zoning Ordinance , to permit a dwelling in
the proposed new City of Ithaca Youth Bureau Facility , Stewart Park ,
Ithaca , New York .
There being no further discussion , the Chair called for a vote .
Aye - Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice Chairman Austen declared the Public Hearing in and the matter of
the City of Ithaca Appeal duly closed at 9 : 09 p . m .
APPEAL OF SECURITY TRUST CO . , EXECUTOR , ESTATE OF A . CAMERON GOFF , RICHARD
THALER , ESQ . , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR , DENYING
PERMISSION TO CONVERT AN EXISTING RESIDENTIAL STRUCTURE TO OFFICE SPACE TO
• ACCOMMODATE NO LESS THAN TWO PHYSICIANS AT 1290 TRUMANSBURG ROAD , TOWN OF
ITHACA TAX PARCEL NO . 6 - 24 - 4 - 14 . 2 . PERMISSION IS DENIED UNDER ARTICLE IV ,
SECTION 11 , AND ARTICLE XIV , SECTION 75 , TOWN OF ITHACA ZONING ORDINANCE .
Vice Chairman Austen declared the Public Hearing in -the above - noted
matter duly opened at 9 : 10 p . m . and read aloud from the Notice of Public
Hearings as posted and published and as noted above . Vice Chairman Austen
read aloud from the Appeal Form as signed and submitted by John A . Murphy ,
Vice President , Security Trust Company , Executor , . Estate of A . Cameron
Goff , under date of February 14 , 1985 , as follows : " . . . Having been denied
permission to convert existing residence on parcel of about: five acres to
use as medical offices at 1290 Trumansburg Road . . . The request is for a
variance to convert the residence at 1290 Trumansburg Road on a lot of
approximately 5 acres to use as medical offices for two physicians . The
entire parcel consists of about 49 acres . See attached Schedule A and
supporting documents . " Vice Chairman Austen noted that the Board members
had each received copies of the extensive documentation with respect to
this Appeal , which he would not read , but which included , ( 1 ) a seven -page
document - - Schedule A . ( 2 ) Realtor Lenny Fromkes two - page Affidavits ( 3 )
photograph of Dr . Goff ' s home , and ( 4 ) a portion of Tax Map # 24 , showing
the location of the Goff Estate on Trumansburg Road on Parcel No .
6 - 24 - 4 - 14 . 2 ( approximately 48 acres ) , across from the Hospital and the
Professional Building .
The documentation referred to , as submitted by Attorney Holmberg , is
• set forth below .
" SCHEDULE A
1
. 01oning Board of Appeals 14 February 27 , 1985
• I
The property in question cannot yield a reasonable return if used only
for the purposes permitted in R- 15 zone and will pose an economic hardship
for the present owners if it must remain residential .
A . The property in question was purchased by Dr . A . C . Goff in 1933 .
It has been occupied by Dr . Goff and / or his wife for over 50 years . Except
for converting the upstairs to an apartment and general maintenance , there
have been virtually no capital improvements to the property for many years .
The basic condition is good . The value of the property has increased so
that the sale price of $ 215 , 000 . 00 ( reduced from an asking price of
$ 300 , 000 . 00 ) makes use of the property as a single residence or two - family
residence , even without renovation , prohibitively expensive without any
possibility of adequate return .
Be The acreage returns very little as rental pasture land . Since
1955 , not more than $ 300 . 00 per year rental has been received from the 49
acres . The upstairs apartment is presently rented for $ 200 . 00 per month
including heat . In its present condition , the downstairs could reasonably
be expected to rent for between $ 300 . 00 to $ 350 . 00 per month , including
heat , for a gross annual return from the two living units of between
$ 6 , 000 . 00 and $ 6 , 600 . 00 each year . This is not an adequate return even if
the property were retained by the estate for rental .
With a purchase price of $ 215 , 000 . 00 , the cost to amortize an 80a
mortgage over 20 years with interest at 123w2o would be about $ 1 , 954 . 00 per
month or $ 23 , 450 . 00 annually not including taxes , utilities and not
allowing for expenses of needed and essential renovation .
The buyer has made no plans for developing or selling the remaining
• acreage . '
C . Other properties of far less market value on Trumansburg Road ,
West Hill ( City of Ithaca ) and adjoining areas have been on the market for
extended periods of time , some for two and a half to three years before any
offer is received . See Schedule A- 1 attached hereto .
D . A review of real estate records with respect to purchase and sale
of properties in this area indicates that those properties which have sold
over the most recent period of time have in general been either multi - unit
residences or smaller residences or , for the most part , not on Trumansburg
Road . We note also the addition of medical offices to the south of this
property on Trumansburg Road ( Dr . Goodfriend ) .
Because of the property ' s size , physical layout and location , it is
excellently suited for professional medical office space and in fact , in
our opinion , is better suited for such use than residential use under
present conditions .
II
The character of the neighborhood does not dictate continuation of the
use as a residence and it is impractical to do so .
A . As will be seen from the portion of the tax map attached hereto ,
although there are residences adjoining the remaining acreage on the west
and further south , they are a substantial distance from the residence on
the above premises . The residence is located in the northeasterly corner
of the property immediately south of the old Hayts School . The Hayts
School is now used as an artist ' s studio and west of that is a part of the
West Hill Cemetery . On the east we have New York State Route 96
* ( Trumansburg Road ) and across the highway the Tompkins County Professional
Building , Tompkins Community Hospital , the Old County Hospital and other
buildings of the Biggs complex . There is a New York State :Electric & Gas
2bning Board of Appeals 15 February 27 , 1985
• substation adjoining the south line of the property ; on the highway - and
this , incidentally , does not enhance the property as a residential site .
The character of the immediate neighborhood is not residential in nature
and among drawbacks to continuing the residential character are the
proximity of the house to the highway , the presence of the substation and
cemetery , and the fact that it does not seem to be a residential
neighborhood .
Be On the other hand , with the presence of the medical, offices across
the highway along with the Hospital and the projected use of the old
hospital as a health related facility , this is a logical location for
medical offices .
III
The proposed use as medical offices for two physicians will not alter
the essential character of the locality .
A . As indicated above , this property is in close proximity to the
Tompkins County Professional Building , Tompkins Community Hospital , the
former Tompkins County Hospital and the Biggs complex .
Be The proposed use of this property as a professional office . space
for two physicians will not involve any alteration to the facade of the
existing structure. IAny addition for entrance and / or ramp for the
handicapped would be in the rear . The outside of the structure will not
lose its residential appearance nor its classical lines .
Co Between this property and Ithaca along the highway are located the
Candlewyck Apartments , Lakeside Nursing Home , ' Statler West ' , the
Paleontological Society , NYSEG substation , residences , and the above
mentioned doctors ' offices . The neighborhood thus supports a variety of
• uses and adapting this property for medical offices will not conflict with
any of them .
D . There is adequate space for parking to the rear of the building
and there will be no obstruction of the highway . No visual modifications
will detract from neighboring properties . The proposed occupants ( two
doctors ) of the property already mainain office space in the Professional
Building next to the Hospital complex and their patients , therefore , travel
the Trumansburg Road to reach their offices at the present: time and will
not result in increased traffic on Trumansburg Road .
E . Access to the building from Trumansburg Road is by means of a
circular drive with two entrances or exits on the highway .
IV
Economic hardship will result to the prospective occupants if the
variance is not granted .
A . The prospective occupants of this property need to re - locate their
offices in the near future to better accommodate their patients and meet a
need for additional space . They have explored other possibilities and from
both a financial and professional perspective , the move to this property
will be more efficient and economical .
Be The occupants will be two gynecologists and obstetricians whose
presence in the hospital is regularly required and whose patients , of
course , are regularly required to be admitted to Tompkins Community
Hospital . It is essential that their offices be located as close to the
hospital as possible . It is often necessary for them to see patients on
short notice and / or to be called to the hospital on an emergency basis at
• odd hours .
•toning Board of Appeals 16 February 27 , 1985
Co There are no known buildings or structures in the area of the
• hospital presently available for use of the size required to provide the
desired service to their patients in pleasant surroundings .
D . It should be noted also , that the use is permissible in this zone
if one of the doctors were to live in the residence . The size of the
dwelling and size of the doctors ' families do not permit such combined
usage .
SCHEDULE A - 1
In the Matter of the Property AFFIDAVIT
known as 1290 Trumansburg Road
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS . :
CITY OF ITHACA )
LENNY FROMKES , being duly sworn , says :
1 . That he is the realtor in the sale of the property known as 1290
Trumansburg Road owned by the Goff Estate .
2 . He has been selling real estate in the Ithaca area for 5 years and
is well acquainted with the real estate market in this area .
3 . The properties of the size and general condition of the Goff
residence with a large acreage are difficult to sell and while the Goff
residence has not been on the market as long as some others , there has been
no interest shown in it except for the present buyer .
4 . That although there are not many houses in the immediate vicinity
and thus not many properties to compare with this , the following are
properties either in the general area or of comparable size which have not
sold or have sold after a long period for reduced prices :
a ) Trumansburg Road , Jacksonville , property of Robert Andree on the
market two and a half years hasn ' t sold . This property has a main
residence , a tenant house and 88 acres .
b ) 548 Waterburg Road ( Saltonstall ) , sold recently , on the market for
two and a half years .
c ) 1456 Trumansburg Road ( Erwin ) , recently sold at a reduced price
after two and a half years .
sell . d ) 646 Iradell Road , on market for eight ( 8 ) months , price reduced to
e ) There are a number of houses on West Hill in the City of Ithaca
which would be considered accessible to the hospital area and more
accessible to the City of Ithaca , which have been on the market for a few
months to a year and a half : 320 Brookfield Road , 517 Warren Places 924
Cliff Street ; 230 Cliff Park Road ; 415 Elm Street ; 607 Warren Place ; 5
Westwood Knoll ; 414 Richard Place . They all have the same problem of being
larger than needed for the now average family and being in areas
restrictively zoned so that they cannot readily be converted to
multi - residential or professional use .
5 . It is my opinion that it will be virtually impossible to sell the
Goff property as either a one or two family residence because of the cost
and the extensive renovations required in this old hosue , its proximity to
the highway , and lack of other residences in the immediate vicinity . It
will be financially impractical , particularly when there are available
other attractive residential properties almost equally accessible to the
hospital and more readily accessible to Ithaca .
. ( sgd . ) Lenny Fromkes
Sworn to before me this 14 day of February , 1985 .
( sgd . ) Aurora R . Valenti
&Zoning Board of Appeals 17 February 27 , 1985
• Notary Public "
Attorney Laura H . Holmberg , of Wiggins , Holmberg , Galbraith &
Holmberg , appeared before the Board and stated that it was she , not
Attorney Thaler who would be speaking to the matter , adding that she was
representing the buyer , Dr . Kyong , Attorney Holmberg presented a large
drawing entitled , " Site Plan , Dr . Kyong Renovation , 1290 Trumansburg Road ,
Ithaca , New York 14850 " , prepared by Robert S . Leathers , Architect P . C . ,
909 Wyckoff Road , Ithaca , New York 14850 , undated .
Attorney Holmberg stated that she would like to clarify the Notice of
Public Hearing as it was published with the wording " no less than two
physicians " which , she thought , inferred more than two physicians .
Attorney Holmberg stated that the request was for two physicians only .
Attorney Holmberg stated that the Goff property contains some 49 acres and
is located across from the Hospital , adding that the next property north is
the old Hayts School and the next south is the NYSEG substation . Attorney
Holmberg stated that there are some houses on Hayts Road , Attorney
Holmberg stated that they are asking to convert the house to offices for
two doctors on an area of the parcel of about 5 acres , adding that there
are no plans for the whole property , thus , there is no request for anything
on the acreage . Attorney Holmberg stated that there is to. be no change to
the outside of the building with all modifications inside . Attorney
Holmberg indicated on the Site Plan an existing asphalt drive and where 18
parking spaces are proposed . Attorney Holmberg pointed out an existing
barn and indicated where another barn is also located . Attorney Holmberg
noted , again , that the medical office is to be for two gynecologists , Dr .
Kyong and Dr . Husa , adding that there are no plans for more than that .
Attorney Holmberg stated that the existing landscaping by and large will
remain . Attorney Holmberg stated that the information she got from the
Estate is that the property as it is now cannot make a return sufficient to
maintain any financing , noting that there is an apartment which was rented ,
and adding that it is a two - family house . Attorney Holmberg noted that
there has been an income of about $ 300 . 00 a year for rental_ for the land ,
and added that the purchase price is $ 215 , 000 . 00 including the acreage .
Attorney Holmberg stated that the real estate agent gave her a list of
other properties on the west side and commented that there is some
difficulty marketing homes on West Hill . Attorney Holmberg stated that the
house has been occupied since 1933 by Dr . Goff and his wife and there have
been no modifications except for heating . Attorney Holmberg stated that
the Hospital is across the road , the Professional Building :is north on the
other side also , and there are doctors ' offices down the street owned by
Dr . Goodfriend . Attorney Holmberg stated that there is municipal water ,
however , they do not know about the septic system but they will do what the
Health Department requires . Attorney Holmberg stated that they did not
have the Survey yet , adding that Robert Leathers is the Architect for the
renovation .
Mr . King , commenting that the petition presented by Attorney Holmberg
was very thorough and very detailed , wanted to make sure that the proposal
was for two doctors since the Notice said " no less than " two doctors .
• Attorney Holmberg responded that that was Mr . Cartee ' s wording ; the
proposal is for two doctors .
,Zoning Board of Appeals 18 February 27 , 1985
Vice Chairman Austen stated that he was very familiar with the
• property , and asked if there were any proposed use for the barns . Attorney
Holmberg replied that she did not know but she did not think the doctor has
any plans , adding that the outbuildings are included in the proposal .
Mr . King observed that the question under discussion is one of
variance for doctors ' offices because the doctor is not living there .
Attorney Holmberg agreed , adding that the apartment will not be there ;
there will be no one living there . Attorney Holmberg stated that there are
about 4 , 000 square feet in the building , including both floors . Mr . King
recalled that in a prior case of this sort , this Board had recommended
Trumansburg Road as a preferable site . Mr . King commented that parking in
the back is good too . Attorney Holmberg stated that the whole area will
not be blacktopped because Dr . Kyong does not want the area all covered
with blacktop to detract from its beauty .
Noting that there was no one present except for those persons involved
with the next matter ( Ithaca College ) , Vice Chairman stated that he would
ask anyway if there were anyone present who wished to speak for or against
the matter of the Appeal for doctors ' offices . No one spoke .
MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant a use variance from the requirements of Article IV ,
Sections 11 and 12 , to permit the use of the property known as 1290
Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 4 - 14 . 2 , as office
space for two physicians with neither doctor needing to be resident in the
property , with the following conditions :
1 . That the exterior of the building would not be changed ;
2 . That the parking be maintained at the back of the building as
indicated on the drawing presented to the Board at Public Hearing ,
this date , February 27 , 1985 , entitled , " Site Plan , Dr . Kyong
Renovation , 1290 Trumansburg Road , Ithaca , New York 1485011 , prepared
by Robert S . Leathers , Architect P . C . , 909 Wyckoff Road , Ithaca , New
York 14850 , undated .
3 . And further subject to submission to the Town of Ithaca Office of any
records on file in the Tompkins County Health Department with respect
to the sewage disposal system for the subject property , and , a copy of
the certification of whoever the petitioner ' s attorney gets to certify .
the system as adequate to the proposed use .
There being no further discussion , the Vice Chair called for a vote .
Aye - Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
• Vice Chairman Austen declared the Public Hearing in and the matter of
the Goff Appeal duly closed at 9 : 25 p . m .
, •honing Board of Appeals 19 February 27 , 1985
• Attorney Holmberg thanked the members of the Board .
APPEAL OF ITHACA COLLEGE , APPELLANT , RICHARD CORRENTI , AGENT , FROM THE
DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT
AN ADDITION AND RENOVATION TO AN EXISTING STRUCTURE ( EGBERT UNION ) 40 ' IN
HEIGHT , IN AN R- 15 RESIDENTIAL DISTRICT IN THE 900 BLOCK OF DANBY ROAD ,
TOWN OF ITHACA TAX PARCEL NO . 6 - 41 - 1 - 30 . 2 . PERMIT IS DENIED UNDER ARTICLE
IV , SECTION 11 ( 4 ) and 11 ( 10 ) , AND ARTICLE XIV , SECTION 75 , TOWN OF ITHACA
ZONING ORDINANCE .
Vice Chairman Austen declared the Public Hearing in the above - noted
matter duly opened at 9 : 26 p . m . and read aloud from the Notice of Public
Hearings as posted and published and as noted above . Mr . Richard Correnti
of Ithaca College was present , as was Mr . Douglas R . Hoffman , Architect ,
with Chandler Cudlipp Assoc . , Inc . , New York City , Vice Chairman Austen
read aloud from the Appeal Form as signed and submitted by Douglas Hoffman
under date of February 15 , 1985 , as follows : " . . . Having been denied
permission to construct an addition and renovation to Egbert Union at
Ithaca College . . . The present facility was designed in 1960 to serve a
college enrollment of 11600 students . Currently with a student enrollment
of over 5 , 000 the college union is inadequate in dining and recreational
facilities and related support services . This petition is for special
permit to renovate the existing facilities and construct a two story
addition of approximately 55 , 000 square feet to the Union Building . It is
further requested that the 3010 " height limitation be waived to permit the
proposed structure with an average grade to parapet height of 40 feet . It
• should be noted that the two story addition will not exceed the height of
the existing three story structure . " Vice Chairman Austen noted that the
members each had before him / her a copy of the Minutes of the Planning Board
meeting of February 5th , at which meeting the Planning Board had granted
Final Site Plan Approval for the project . Several drawings were appended
to the bulletin board for Board review , all entitled " Additions and
Renovations to Egbert Union , Ithaca College , Ithaca , New York " , and
including : ( 1 ) Progress Drawing , issued 2 / 19 / 85 , showing West Elevation ,
East Elevation , and South Elevation ; ( 2 ) Progress Drawing , issued 2 / 19 / 85 ,
showing North Elevation and a general elevation , ( 3 ) Campus Master Plan ,
Sheet No . L - 1 , undated ; ( 4 ) Layout Plan , Sheet No . L- 2 , undated ; ( 5 )
Grading and Drainage , Sheet No . L - 3 , undated , ( 6 ) Planting Plan , Sheet No .
L - 4 , undated .
Mr . Richard Correnti , representing Ithaca College , appeared before the
Board and stated that Egbert Union was the first building on the Ithaca
College Campus and it was designed for a student population of 1 , 500 , yet ,
even by the time of its dedication the enrollment had reached 3 , 000 . Mr .
Correnti stated that at this point in the College ' s history , the student
population is over 5 , 000 and , thus , the additions and renovations are badly
needed . Mr . Correnti stated that the plans as have been designed and are
here presented meet the needs of both the College and the students very
well and the College is very pleased by the work of the Architects . Mr .
Correnti introduced Mr . Douglass Hoffman , Architect , to the Board members .
Mr . Hoffman appended three artist ' s renderings depicting the facades
• of the new facility to the bulletin board and proceeded to briefly describe
the orientation of the existing Egbert Union and what% will be the new and
• ming Board of Appeals 20 February 27 , 1985
• expanded Egbert Union . Mr . Hoffman pointed out how the improvements are
sensitive to Egbert Union ' s central location . Utilizing the various
drawings appended to the bulletin board , Mr . Hoffman described the large ,
underground , expansion of the I . C . Bookstore , pointed out the " linkage "
from Job Hall , and commented upon the maintaining of the integrity of the
existing Campus and its buildings and the Campus triangle . Mr . Hoffman
also pointed out various accesses for handicapped persons . Mr . Hoffman
indicated and described the aggregate wall panel system , the use of brick
side walls , a sloped metal roof with a glass facade , and showed how the
added metal roof areas would carry through the ideas of the exising
building into the new , building . Mr . Hoffman commented on the results of
the architects ' objectives to make the new facility harmonious with the
existing Campus and not compete with it . With respect to parking , Mr .
Hoffman indicated the proposed parking areas and loading dock areas and
pointed out that about twelve parking spaces will be lost . Mr . Hoffman
noted that the addition is comprised of about 55 , 000 square feet plus the
40 , 000 square feet of the existing Union which will be renovated , and
commented that , thus , Egbert Union will be more than doubled .
Vice Chairman Austen inquired if there were anyone present who wished
to speak for or against the proposed additions and renovations to Egbert
Union on the Ithaca College Campus . No one spoke .
Vice Chairman Austen stated that he liked the proposal very much . Mr .
Correnti responded that the College did too and added that the additions
and renovations are very functional and the building will be very flexible .
• Mr . Correnti stated that the College has been working on this project for
well over two years and is very pleased with the efforts of the architects
involved . Mr . Correnti described what he termed a " multi - purpose " room
which will be of sufficient size for 900 people for a theatre production
and for from 450 - 500 persons for a sit - down dinner . Mr . Correnti described
a new and expanded snack bar , a new coffee house , and a new pub .
Mr . Cartee asked that the Architect speak briefly to the life safety
aspects of the project . Mr . Hoffman stated that the . building is entirely
handicapped accessible and , from the perspective of life safety , Mr . Gene
Dymek , Director of Life Safety , Cornell University , Retired , had aided them
extensively and the building is completely safe . Mr . Hoffman briefly
described the stairways and the elevator systems and pointed out four
remote locations for egress as well as the several direct egress locations .
Mr . Hoffman also indicated and described two egress locations from the
underground bookstore and also described handicapped access from the
parking area . Mr . Hoffman described the manner in which both the new
addition and the existing will be sprinkled , adding that they will be
filing with the Tompkins County Health Department the proper documents with
respect to the kitchen service areas . Mr . Hoffman pointed out the location
of the gas meter vault and its landscaping .
Mrs . Reuning wondered what the timetable for the project might be .
Mr . Hoffman stated that they are moving into construction documents and ,
hopefully , construction will commence in the summer , adding that it will be
• about a 14 - 15 month project . Mrs . Reuning stated that the Ithaca community
has all been very proud of the Ithaca College Campus and she was sure that
the Board feels , as she does , that this grand addition and renovation will
}; stoning Board of Appeals 21 February 27 , 1985
further enhance the Campus . Mr . Hoffman expressed his appreciation for
Mrs . Reuning ' s comments and noted that the Planning Board has granted all
the approvals within its jurisdiction . Mr . Hoffman noted , also , that the
environmental review , in this case , has been done by the New York State
Dormitory Authority .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
WHEREAS , the Town of Ithaca Planning Board has given Final Site Plan
Approval , actually having granted Preliminary Site Plan Approval and
waiving the need for Final Site Plan Approval , to the proposed exansion and
renovation of Egbert Union on the Campus of Ithaca College ,
NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board
of Appeals pursuant to the provisions of Article IV , Section 11 , Paragraph
4 , of the Town of Ithaca Zoning Ordinance , grant and hereby does grant
Special Approval for the construction of additions to and renovations of
Egbert Union based upon the Site Plan as approved by the Town of Ithaca
Planning Board , and
FURTHER , RESOLVED , that said Board of Appeals grant and hereby does
grant an area variance from the requirements of Article IV , Section 11 ,
Paragraph 10 , of said Ordinance , to permit the proposed structure to have
an average grade to parapet height of forty feet ( 401 ) .
There being no further ' discussion , the Vice Chair called for a vote .
Aye - Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
Both Messrs . Correnti and Hoffman thanked the Board for its time and
consideration .. The members of the Board wished the College well in its
future endeavors .
ADJOURNMENT
Upon Motion , Vice Chairman Austen declared the February 27 , 1985
meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at
10 : 00 P . M .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
• Edward N . Austen , Vice Chairman