HomeMy WebLinkAboutZBA Minutes 2019-05-14Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday May 14, 2019
6:00 p.m.
215 N. Tioga St
0002-2019 Appeal of Brigid Shipman, owner, 681 Five Mile Dr., Tax Parcel # 31.-2-
21.2 is seeking relief from section 270-219.5 H (2) of the Town's Stream setback
regulation to be permitted to extend a 12' x 16' (192 sq. ft.) driveway turn around area
into the required zone 2 stream setback.
Contact Bruce Bates, Director Code Enforcement & Zoning @ bates@town.ithaca.ny.us
or 273-1721 ext. 2 with any questions.
Meeting of the Town of Ithaca
Zoning Board of Appeals
May 14, 2019
Present: Rob Rosen, Chair; Members Bill King, Chris Jung, George Vignaux and Alternate
David Filiberto Absent: Caren Rubin and David Squires
Staff: Bruce Bates, Code Enforcement; Paulette Rosa, Town Clerk; and Susan Brock, Attorney
for the Town
0002-2019 Appeal of Brigid Shipman, owner, 681 Five Mile Dr., TP 31.-2-21.2, seeking
relief from Town of Ithaca Code Chapter 270-219.5 H (2) of the Town's Stream Setback
regulation to be permitted to extend a 12' x 16' (192 sqft) driveway turn around area into
the required Zone 2 stream setback.
Brigid and Neil Shipman were present to answer any questions.
Mr. Rose began by asking if the driveway was going to be asphalt or concrete.
Mrs. Shipman responded that it will be concrete.
Mr. Rosen stated that was good since his only concern was if it was asphalt, the oils running into
the drainage and stream.
Mr. Vignaux and Mr. King stated they visited the site and did not see any issues with the
turnaround. They felt it fit in with then surrounding neighborhood and it was a high traffic road
where a turnaround would be very useful.
Mr. King asked about the wording in the regulation wondering if the turnaround was pervious,
would a variance be needed. He thought the stream was very channelized and the slope of the
property also seemed to indicate any drainage would be away from the stream so it was not an
issue to him.
Mr. Bates added that the banks of the stream are very steep.
Ms. Brock reviewed the section and the Code does not make any distinction between pervious or
impervious.
Mr. Rosen opened the public hearing; there was no one present and the hearing was closed.
Mr. Rosen asked if SEQR was required and Ms. Brock stated that if the Board considers this part
of the construction of a single-family residence, the answer is no since area variances associated
with the construction of single-family residences do not require SEQR. The Board agreed.
ZBA Variance 0002-2019
Final ZBA 2019-05-14 Pg. 1
681 Five Mile Dr., TP 31.-2-21.2
May 14, 2019
Resolved that this Board grants the appeal of Brigid Shipman seeking relief from Town of Ithaca
Code Chapter 270-219.5 H (2) of the Town's Stream Setback regulation to be permitted to
extend a 12' x 16' (192 sqft) driveway turn around area into the required Zone 2 stream setback
with the following:
Conditions:
1. That the turnaround be constructed substantially as show in the submission materials, and
2. That the turnaround be constructed of concrete.
Findings:
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
neighborhood given that
1. The benefit to the applicant can be achieved by other means feasible, however, it would
not be aesthetically pleasing, and
2. That there will not be an undesirable change in the neighborhood character of to nearby
properties given that there are other driveways with turnarounds and the turnaround will
be shielded by trees, and
3. That the request is substantial, given it is 12' feet into the 50' foot buffer, but the benefits
of the Town's Stream Setback provision will not be frustrated given the facts that the
stream is channelized and contained within steep banks and the grading has been changed
so it will not go into the stream, and no riparian vegetation exists in the area where the
proposed turnaround will be built and the construction of the turnaround will not increase
the potential for flooding given the depth of the banks and no erosion to the property will
happen and the impact of the construction of the turnaround is minimal, and
4. The difficulty is self-created in that the applicant wants to build the turnaround in that
location and
That no mitigation plan is necessary in this case given there is no drainage toward the
stream and there is no disruption of riparian vegetation and construction of the
turnaround will not increase the potential for flooding of the stream itself given the depth
of the stream, and
6. That the request will not have any physical or environmental impacts as evidenced by no
SEQR being required and for the reasons stated above.
Moved: Rob Rosen Seconded: George Vignaux
Vote: Ayes — Rosen, Vignaux, King, Jung and Filiberto
Meeting was adjourned upon a motion and a second at 6:32 p.m.
Final ZBA 2019-05-14 Pg. 2