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HomeMy WebLinkAboutZBA Minutes 1987-02-25 'r FILED TOWN OF ITHACA Dat e7n7AOej3 Clerk . TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 25 , 1987 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , February 25 , 1987 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward W . King , Joan G . Reuning , Edward N . Austen , Jack D . Hewett , John C . Barney ( Town Attorney ) , Andrew S . Frost ( Town Building Inspector / zoning Enforcement Officer ) , Richard. H . Schoch ( Town Park and Open Space Planner /Manager ) , ALSO PRESENT : Orlando Iacovelli , David C . Auble , Ralph Iacovelli , John L . Ullberg , Edward A . Mazza , Esq . , Robert Cook , Lawrence Hoffman , Thomas R . Salm , Chairman Aron declared the meeting duly opened at 7 : 00 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 February 17 , 1987 and February 20 , 1987 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the • properties under discussion , as appropriate , upon the Clerk of the City of Ithaca , upon the Tompkins County Commissioner of Public Works , upon the Building Commissioner of the City of Ithaca , upon the Tompkins County Commissioner of Planning , and upon each of the appellants and / or agent , if any , on February 19 , 1987 . APPEAL OF ORLANDO IACOVELLI , APPELLANT , EDWARD A . MAZZA , ESQ . , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR / ZONING ENFORCEMENT OFFICER DENYING BUILDING PERMITS FOR THE CONSTRUCTION OF TWO , TWO- FAMILY DWELLINGS , IN RESIDENCE DISTRICT R- 9 , AT 237 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 54 - 7 - 43 ( COMPRISED OF OLD ITHACA .LAND COMPANY TRACT PARCELS NO , 13 , 14 , AND ONE - HALF OF 12 ) , WITH TOWN OF ITHACA TAX PARCEL NO . 6 - 54 - 7 - 41 ( COMPRISED OF OLD ITHACA LAND COMPANY TRACT PARCELS NO , 16 , 17 , AND 18 ) TO BE DEDICATED AS OPEN SPACE , AND WITH EACH OF SUCH TWO - FAMILY DWELLINGS HAVING DWELLING UNITS OF EQUAL SIZE ( UP -AND -DOWN DUPLEXES , FOUR BEDROOMS IN EACH UNIT OF EACH STRUCTURE ) , AND FURTHER , DENYING SPECIAL PERMITS TO ALLOW OCCUPANCY BY A FAMILY OR UP TO FOUR UNRELATED PERSONS IN EACH UNIT OF EACH STRUCTURE ( A POSSIBLE TOTAL OF EIGHT UNRELATED PERSONS IN EACH STRUCTURE ) . SPECIAL PERMITS ARE BEING APPLIED FOR IN ACCORDANCE WITH ARTICLE III , SECTION 41 PARAGRAPH 2 , SUB- PARAGRAPH 2b , OF THE TOWN OF ITHACA ZONING ORDINANCE WHICH ALLOWS FOR THE OCCUPANCY OF ONE OR TWO- FAMILY DWELLINGS IN RESIDENCE DISTRICTS R- 9 BY MORE THAN THREE UNRELATED PERSONS BY SPECIAL PERMIT OF THE BOARD OF APPEALS . BUILDING PERMITS ARE DENIED UNDER ARTICLE III , SECTION 41 PARAGRAPH 2 OF THE TOWN OF ITHACA ZONING ORDINANCE WHEREBY A SECOND DWELLING UNIT IN A TWO- FAMILY DWELLING MAY NOT EXCEED 50 % OF THE FLOOR AREA OF THE PRIMARY DWELLING t Zoning Board of Appeals - 2 - February 25 , 1987 • UNIT UNLESS CONSTRUCTED ENTIRELY WITHIN A BASEMENT AREA , AND UNDER ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 7 : 01 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Messrs . Orlando and Ralph Iacovelli were present , as was their attorney , Edward A . Mazza , Chairman Aron declared the Town of Ithaca Zoning Board of Appeals Lead Agency in the matter of environmental review of the Iacovelli Appeal . Chairman Aron noted that the Board had before it the following documents . 1 . Location Plan , as shown on a portion of an Aerial Photo of the South Hill area , as prepared by the Town Planner , Susan C . Beeners , under date of February 17 , 1987 . 2 . Appeal Form as completed and signed by Orlando Iacovelli , under date of January 21 , 1987 . 3 . Proposed " Grant of Restrictive Covenant " with respect to the proposal before the Board . 4 . " Site Plan " , " Property of Orlando , Helen and Ralph Iacovelli , • Parcels # 41 and # 43 , Coddington Road , Ithaca , N . Y . " , dated January 13 , 1987 , by Charles F . Hoover , Architect , 5 . Portion of Tax Map No . 54 showing the five and one •- half Ithaca Land Company Tract lots under discussion , also known as Town of Ithaca Tax Parcels No . 6 - 54 - 7 - 41 and 6 - 54 - 7 - 43 . 6 . " First Floor Plan - Building 111 , dated January 13 , 1987 , by Charles F . Hoover , Architect . 7 . " East Elevation - Building 1 " , dated January 13 , 1987 , by Charles F . Hoover , Architect . 8 . " North and South Elevations - Building 1 " , dated January 13 , 1987 , by Charles F . Hoover , Architect . 9 . " West Elevation - Building 111 , dated Janaury 13 , 1987 , by Charles F . Hoover , Architect , 10 . Short Environmental Assessment Form [ Part I ] , as completed and signed by Orlando Iacovelli , undated , and as reviewed and recommended upon by the Town Planner , Susan C . Beeners [ Parts II and III ] , under date of February 20 , 1987 . Attorney Edward A . Mazza appeared before the Board representing Mr . Iacovelli . Attorney Mazza appended large copies of the pertinent maps to the bulletin board and indicated the project location , pointing out Coddington Road , Pennsylvania Avenue , Kendall Avenue , the unopened portion of Pennsylvania Avenue , and the properties under r Zoning Board of Appeals - 3 - February 25 , 1987 discussion , marked in red . Mr . Frost entered into the record six colored photographs showing the Iacovelli property from several viewpoints , and the Ithaca College access road off Coddington Road . Mr . Frost noted that the northwest property line of the Iacovelli property is almost opposite that particular entrance to the College . The six photographs are accompanied by a listing showing the approximate location from which each photograph was taken , and , by a copy of a portion of Tax Map No . 54 upon which had been drawn an outline of the Iacovelli property , the approximate location of the Ithaca College access road , and the spots where the photos were taken from . Attorney Mazza stated that the property is comprised of five and one -half lots of the Old Ithaca Land Company Tract , being Nos . 13 , 14 , 16 , 17 , 18 , and one - half of 12 . Attorney Mazza recalled that Old Lot No . 15 , 243 Coddington Road , was the subject of an Appeal before the Board recently [ Appeal of Christopher Associates , Neal Howard of Carey Property Management , Agent , ( bedroom addition to a non - conforming single - family dwelling ) January 28 , 19871 . Attorney Mazza stated that Mr . Iacovelli proposes to construct two buildings at 237 Coddington Road on Parcel 6 - 54 - 7 - 43 , and to have the driveway come in between the two buildings , with parking in the rear . Attorney Mazza stated that there will be two dwelling units in each building , with each having the same floor plan downstairs as upstairs including four bedrooms and • other living space . Chairman Aron asked Attorney Mazza if the property slopes toward the back , with Attorney Mazza responding , that the property does slope down from the . road , toward the City , and indicated this on the portion of Tax Map No . 54 attached hereto as Exhibit # 1 . Attorney Mazza stated that the owner could build a single family home on each of the five individual old non - conforming lots , however , the idea is to consolidate the proposed four dwelling units , in two structures , into , what he termed , a mini - cluster , to create more open space , to have better parking facilities , and to have fewer driveways coming out onto the roads . Attorney Mazza offered that , with respect to zoning as described in the preamble of the ordinance , he felt the proposal was positive . Chairman Aron asked Attorney Mazza to speak to negative effects , with Attorney Mazza responding that - - by having two buildings rather than five it makes access for fire protection easier ; it is better from the standpoint of providing adequate light and air ; helps prevent the overcrowding of the land by creating open space and consolidating parking - - there are no negatives , there are all positives . Attorney Mazza submitted for the Board ' s consideration a document entitled , " Grant of Restrictive Covenant " , attached hereto as Exhibit # 2 , and stated that this would be a document signed by Mr . Iacovelli , notarized , and filed in the Office of the Tompkins County Clerk , which would effectively encumber all of the lots involved , and which would restrict the use of the entire property . Attorney Mazza pointed out that one of the proposed restrictions is that the land cannot be subdivided , adding that , if this plan before the Board were the plan Zoning Board of Appeals - 4 - February 25 , 1987 allowed , Parcel No . 41 must remain undeveloped . Chairman Aron asked if Attorney Mazza were saying to the Board , commenting , if he were reading the proposed covenants correctly , that that parcel will be given to the Town of Ithaca as an open space . Attorney Mazza responded that it will remain as open space which cannot be built upon , however , it will not be deeded to the Town but will be restricted as to building . Chairman Aron asked if there were anyone present who wished to speak for or against the Iacovelli Appeal . No one spoke . Chairman Aron closed the Public Hearing , Chairman Aron read aloud from a portion of Ms . Beener ' s review of the SEAF , attached hereto as Exhibit # 3 , as follows : ". . . While the proposed driveway would be within approximately 50 to 60 feet of the centerline of the Ithaca College entrance , no significant impact is expected . This area of Coddington Road is zoned for 30 m . p . h . travel . The main problem identified with the College entrance intersection appears to be caused by the cut bank on the north of this entrance and the left turn visibility when exiting onto Coddington Road . The proposed Iacovelli driveway would not conflict significantly with the intersection . The Tompkins County Highway Department has been notified as to this proposal , and would be responsible for approval of the final driveway intersection design at Coddington Road . " Chairman Aron stated that this simply means that , according to the Site Plan • relative to Parcel 043 , the Ithaca College driveway coming out or going in on Coddington Road is approximately opposite the westerly edge of Parcel # 43 . Chairman Aron asked Attorney Mazza where the proposed driveway is going to be so as to not create a cross - roads situation , adding that , from the aerial photo , it looks as if the Ithaca College driveway is about 40 feet northwest from the Iacovelli property . Attorney Mazza stated that the center of the proposed 19 - foot -wide Iacovelli driveway would be in the center of lot # 43 , not along the side property line , adding that the property is 125 feet wide . Chairman Aron referred to Part III of the SEAF - - " A negative determination of environmental significance is recommended for the reasons discussed above , conditional upon the execution of restrictive covenants on parcel 41 and upon the approval of the driveway design by the Tompkins County Highway Department . " Attorney Mazza stated that he had discussed this with Mr . Iacovelli and had informed him that this might be a potential problem , and Mr . Iacovelli had said that he would be willing not to have the driveway in the center of Parcel # 43 , but to have the driveway come out on " this unnamed street " [ indicating on Tax Map No . 54 ] which could be Pennsylvania Avenue were it to be extended . Commenting that the Board is concerned with safety , Chairman Aron stated that Coddington Road is only 50 feet wide and having the driveway almost in front of that particular Ithaca College exit or entrance , and knowing that young people are very determined to get out or get in , sometimes not looking left or right , could be a little bit of a dangerous spot . Mr . Austen inquired as to whether Mr . Mobbs , Tompkins County Zoning Board of Appeals - 5 - February 25 , 1987 • Commissioner of Public Works had been approached on this matter . It was noted that Mr . Mobbs has been advised of the proposal but there has been no response as yet . Mr . King inquired about the gradient of the driveway with respect to the highway , asking if it would be level or coming uphill as one would exit from that driveway . Mr . Iacovelli stated that the driveway would go down from Coddington . Mr . King inquired about any plans for fill on the lot to bring the level of the driveway up to the level of the road . Referring to the pictures entered by Mr . Frost , Mr . Iacovelli stated that some of the cars parked there are actually on lot 43 where it is level and that there is , at least , a car length that is level with the road . Mr . Iacovelli stated that they would be filling in the driveway to bring it up to be even more level with the road . Mr . King asked what the clear distance is between the two buildings where the driveway is . Attorney Mazza stated that that distance is 23 feet , pointing out that there is a 15 - foot side yard setback on each side , the overall frontage is 125 feet , each building is 28 feet wide , with 23 feet between the two stairways . Mr . Frost offered that it could be 53 feet from the northerly end of the property line to the northerly side of the driveway going in . Mr . Austen asked if the construction were going to be similar to James Iacovelli ' s buildings with brick exterior . Mr . Iacovelli stated that there will be some brick . Chairman Aron asked about the building height . Attorney Mazza responded that the building height is 30 feet at the back . Town Attorney Barney wondered what would happen if Mr . Iacovelli wanted to sell one of the buildings , noting the parking area involved . Attorney Mazza responded that he will not be able to sell , adding that , with the joint driveway , and the joint parking , it will be one parcel . Chairman Aron suggested that the Town Attorney was concerned about what will happen if Mr . Iacovelli ever wanted to sell one part of that property and keep one house . Chairman Aron suggested that it should be in the Covenants that this parcel will always remain as one parcel . Attorney Mazza referred the Board to page 2 of the proposed " Grant of Restrictive Covenant " and noted restriction # 1 which states that " Said land shall not be subdivided , but shall remain intact as part and parcel with the said dwelling [ s ] proposed to be constructed thereon . " MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that , in the matter of the Iacovelli Appeal with respect to 237 Coddington Road , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance as recommended , conditional upon the execution of restrictive covenants with respect to Town of Ithaca Tax Parcels No . 6 - 54 - 7 - 41 and 6 - 54 - 7 - 43 and upon the approval of the driveway design by the Tompkins County Highway Department . • There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning , Austen , Hewett . Zoning Board of Appeals - 6 - February 25 , 1987 Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron asked Attorney Mazza to elaborate on hardship . Attorney Mazza stated that Mr . Iacovelli could build five buildings on each of the old Ithaca Land Company Tract lots , but constructing separate buildings , and putting in separate services , and putting in separate driveways , would mean that the construction costs would be a lot greater , and that would be a financial hardship to Mr . Iacovelli if not allowed to cluster only two buildings in this manner , noting again that you would have five different driveways . Chairman Aron asked what the difference might be in dollars and cents . Mr . Iacovelli responded that it would double the expense because of the number of driveways , the square footages involved , and all the foundations . Mr . King offered that , in this case , the hardship would be more on the Town of Ithaca if he were to build on each individual lot . Chairman Aron asked about the noise factor . Attorney Mazza responded that Mr . Iacovelli lives in the neighborhood [ 270 Pennsylvania Avenue ] and , so , would be aware of any disturbances . Mr . Austen asked what type of driveway is planned . Mr . Iacovelli stated that it would be crusher run , eventually blacktopped . Mr . Frost stated that the greatest hazard is a car going in a southerly direction . Chairman Aron asked if the buildings were to be rented . Attorney Mazza stated that there are two separate dwelling units in • each building , which will be rented . Chairman Aron wondered if this could be considered a rooming house , fraternity , tourist home , or club . Attorney Mazza offered that he considered them dwellings as defined in the ordinance which permits dwellings containing two dwelling units . Chairman Aron noted that the request is to have two families or up to eight unrelated people in one building , and , if you have two buildings , there could be four families or up to sixteen unrelated persons . Chairman Aron referred to Article XIII , Section 69 , paragraph 4 , of the Zoning Ordinance , which states , relative to rooming houses or tourists houses , that there must be one parking space for each room offered to rent . Attorney Mazza pointed out that , in Part II of the SEAF , Ms . Beeners states : " Parking ( 1 space per 1 . 3 occupants ) exceeds the requirements of Section 69 of the Zoning Ordinance , and is considered adequate for the occupants because the site is within walking distance of Ithaca College and bus services . The potential traffic volume from the site is within the capacity of Coddington Road . " MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that , in the matter of the Appeal of Orlando Iacovelli with respect to the construction of two , two - family dwellings at 237 Coddington Road , the Town of Ithaca Zoning Board of Appeals find and hereby does find the following : • 1s that the proposed development would , indeed , benefit the community in providing additional housing units which are sorely needed and in providing them in such a manner which Zoning Board of Appeals - 7 - February 25 , 1987 • is superior to that of the legal rights of the appellant to build a dwelling unit on each of five existing Ithaca Land Company Tract lots ; 2 * that the construction of a dwelling on each of such legal building lots would create a financial hardship and present practical difficulties for the appellant ; 3 * that no one from the neighborhood appeared before the Board or entered a statement in opposition to the Appeal , and FURTHER RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Article III , Section 4 , paragraph 2 , of the Town of Ithaca Zoning Ordinance , to permit the construction of two , � two - family dwellings with each such two - family dwellings have dwelling units of equal size ( up - and - down duplexes , four bedrooms in each unit of each structure ) on Town of Ithaca Tax Parcel No . 6 - 54 - 7 - 43 , also known as 237 Coddington Road , with Town of Ithaca Parcel No . 6 - 54 - 7 - 41 , also known as Coddington Road Rear , to be retained as open space , subject to the following conditions . 1 . The appellant ' s executing , and filing in the Office of the County Clerk , the Grant of Restrictive Covenants substantially in the form tendered to this Board at Public Hearing , this date , February 25 , 1987 ; • 2 . The appellant ' s constructing the buildings substantially in conformance with the plan entitled , " Site Plan , Property of Orlando , Helen and Ralph Iacovelli , Parcels # 41 and # 43 , Coddington Road , Ithaca , N . Y . " , dated January 13 , 1987 , prepared by Charles F . Hoover , Architect , as presented to said Board at said Public Hearing , including parking in the rear ( easterly ) side , 3 . The approval by the Tompkins County Department of Public Works of the driveway location , as proposed and shown on said site plan , the grant of such approval to be verified by the Town Zoning Enforcement Officer and reported to the Chairman of this Board prior to the issuance of any building permits , and FURTHER RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a Special Permit , pursuant to .Article III , Section 4 , Paragraph 2 ( b ) , of the Town of Ithaca Zoning Ordinance , to permit the occupancy of the two , two - family dwellings , proposed to be located at 237 Coddington Road , by no more than four unrelated persons in each unit of the total of four proposed dwelling units , subject to the executing of and filing in the Office of the Tompkins County Clerk the Grant of Restrictive Covenants , substantially in the form presented to and reviewed by said Board of Appeals at Public Hearing , this date , February 25 , 1987 . • There being no further discussion , the Chair called for a vote . Zoning Board of Appeals - 8 - February 25 , 1987 • Aye - Aron , King , Reuning , Austen , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Mr . King stated that it should be made clear that if the Tompkins County Department of Public Works does not approve of this proposal , as it is related to the driveway onto the Coddington Road , then the matter must be referred back to the Board of Appeals . Chairman Aron declared the matter of the Iacovelli Appeal duly closed . APPEAL OF CORNELL UNIVERSITY , JOHN L . ULLBERG , AGENT ,, FROM THE DECISION OF THE BUILDING INSPECTOR / ZONING ENFORCEMENT OFFICER DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A MAINTENANCE SERVICE AND OFFICE BUILDING , OVER THIRTY FEET IN HEIGHT AND APPROXIMATELY 5 , 000 GROSS SQUARE FEET IN SIZE , TO SUPPORT GROUNDS MAINTENANCE OPERATIONS OF THE CORNELL PLANTATIONS TO BE LOCATED WITHIN CORNELL UNIVERSITY LANDS NEAR CALDWELL ROAD AND N . Y . S . ROUTE 392 ( FOREST HOME DRIVE ) , TOWN OF ITHACA TAX PARCEL NO . 6 - 67 - 1 - 8 , RESIDENCE DISTRICT R- 30 . PERMIT IS DENIED UNDER ARTICLE V , SECTION 18 , PARAGRAPH 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE WHEREBY APPROVAL OF THE BOARD OF APPEALS IS REQUIRED , AND UNDER ARTICLE V , SECTION 18 , PARAGRAPH 1. 6 , OF SAID ORDINANCE WHEREBY NO BUILDING OR STRUCTURE IN RESIDENCE DISTRICTS R - 30 • MAY EXCEED THIRTY FEET IN HEIGHT , AND UNDER ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . THE TOWN OF ITHACA PLANNING BOARD , AT PUBLIC HEARING ON FEBRARY 3 , 1987 , RECOMMENDED BOTH APPROVAL OF SAID PROPOSED USE AND THE GRANT OF A HEIGHT VARIANCE UPON CONDITION THAT THE BUILDING HEIGHT NOT EXCEED 36 FEET , Chairman Aron declared the Public Hearing in the above -noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Ullberg was present . Chairman Aron declared the Town of Ithaca Zoning Board of Appeals Lead Agency in the matter of environmental review of the Cornell Plantations proposal for a new maintenance service and office building . Mr . Ullberg , Landscape Architect , Cornell University Campus Planning , appeared before the Board and appended large drawings to the bulletin board , and stated that he was speaking as a member of Cornell Campus Planning on behalf of the Cornell Plantations for which the proposed building is being designed . Mr . Ullberg stated that the project is to relocate an existing service facility from which Plantations presently operates to an area down in " this location " [ indicating ] near Beebe Lake off Plantations Road and Forest Home Drive . Mr . Ullberg , noting that the present location for this use is in an old building which was originally the steam plant for Cornell • and has never been particularly suited for the purpose It is seeing now , stated that Plantations intends to relocate the use to a site near the Water Filtration Plant as shown on the location map , attached Zoning Board of Appeals - 9 - February 25 , 1987 • hereto as Exhibit # 4 . Mr . Ullberg stated that the proposed building is to be of frame construction , about 5 , 000 square feet in size . Mr . Ullberg commented that there is an existing Indian Long House , which is temporary , near the proposed building which is part of the Cornell Indian Studies Program . Utilizing the drawings on the bulletin board , Mr . Ullberg described the building configuration , pointing out the north elevation which is the facade of the building facing out toward the drive which comes in , and pointing out the west elevation , which is in the interior , and faces on the service yard so that vehicles will have access to the three -bay garage . Mr . Ullberg stated that the building essentially serves two functions - - vehicle service and office space . Mr . Ullberg noted that the building material is to be frame with board and batten siding , the intention being to have a building that is suggestive of a utilitarian , farmhouse - type structure . Mr . Ullberg pointed out that the height of the proposed building is 26 . 5 feet to the ridge of the roof , and 32 feet to the peak of the cupola . Chairman Aron asked if there were anyone from the public who wished to speak for or against this matter . Mr . Robert Cook , of Cornell Plantations , spoke from the floor with respect to the building exceeding the height requirement by two feet because of the cupola , explaining that they wanted an atmosphere of attractiveness about the building - - one which would give it an appearance of a rustic farmhouse rather than a service building . Mr . • Schoch , Town Park and Open Space Planner / Manager asked permission to address the Board and , having been granted same , stated that there would be no significant environmental impact resulting from the placement of this proposed building on the parcel . Mr . Schoch stated that both the Tompkins County Health Department and the Tompkins County Department of Planning have been notified of this action and have responded . [ Exhibits # 5 and # 6 , respectively , attached hereto . ] Chairman Aron asked if there were anyone else who wished to speak for or against this matter . No one spoke . Chairman Aron closed the Public Hearing . Chairman Aron complimented Mr . Ullberg and Mr . Cook on the attractiveness of the proposed building with the cupola . Mr . Frost , the Town Building Inspector / Zoning Enforcement Officer , referring to the SERF , stated that there was some discussion at the Planning Board meeting with respect to this project [ February 3 , 19871 in terms of drainage on the garage floors and exactly where this drainage was going . Mr . Ullberg described the use of an oil separator in conjunction with floor drains . Referring to the letter received from John Andersson [ Director , Environmental Health , Tompkins County Health Department ] , dated February 5 , 1987 , wherein he states : " . . . We would , however , point out that two critical areas are next to this project the Cornell University Water Treatment Plant and Fall Creek . If any new outlets , including for storm drainage , are to be made to Fall • Creek permits will be needed from the New York State Department of Environmental Conservation in Cortland . " , Mr . Frost asked if an application was being made to DEC . Mr . Ullberg responded that the had Zoning Board of Appeals - 10 - February 25 , 1987 • discussed with with Ms . Beeners , the Town Planner , and described the operation of the storm sewers as they pertain to the drives and areas around the building , noting that they will continue to discharge into the Wildflower Garden drainage area and not directly into Fall Creek . Mr . Ullberg stated that no new outlets are proposed . Chairman Aron , noting that the Board had before it both the Resolutions of the Planning Board as adopted at their February 3rd meeting and the Town Park and Open Space Planner / Manager ' s review of the SEAF [ Parts II and III ] , [ Exhibits # 7 and # 8 , respectively ] , read aloud Part III of Mr . Schoch ' s review , as follows : " Subject to compliance of the Service Building with all pertinent codes and regulations , no significant adverse impact is expected . Proposed facility will fill a community need and is expected to be compatible with other land uses in the vicinity . A negative declaration of environmental significance is recommended providing the following conditions are met : a . That a variance of Article V , Section 18 , paragraph 16 , be granted by the Zoning Board of Appeals for construction of the proposed service building , with the building height not to exceed 36 feet , and b . That the project comply with all applicable codes and regulations . " MOTION by Mr . Edward Austen , seconded by Mr . Edward King : WHEREAS : • 1 . This action is the consideration of a request for Special Approval of a School Use , pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , and consideration of a request for variance of Article V . Section 18 , Paragraph 16 , with respect to the proposed new Cornell Plantations Service Building , proposed to be located on Caldwell Road near the intersection of Caldwell Road and Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 67 - 1 - 8 , Residence District R - 30 . 2 . This project has been reviewed by the Planning Board at a Public Hearing on February 3 , 1987 , and by the Zoning Board of Appeals at a Public Hearing on February 25 , 1987 . 3 . This project is an Unlisted action for which the Zoning Board of Appeals , in considering Special Approval and a height variance for such project , is the Lead Agency for environmental review . 4 . A negative declaration of environmental significance has been recommended by both the Town Park and Open Space Planner /Manager and by the Town Planning Board , contingent upon the following : a . that a variance of Article V . Section 18 , Paragraph 16 , be granted by the Zoning Board of Appeals for construction of the proposed service building , with the building height not • to exceed 36 feet , and be that the project comply with all applicable codes and Zoning Board of Appeals - 11 - February 25 , 1987 • regulations ; THEREFORE , IT IS RESOLVED : That the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance for the above - referenced action , contingent upon the following : a . that a variance of Article V , Section 18 , Paragraph 16 , be granted by said Board of Appeals for construction of the proposed service building , with the building height not to exceed 36 feet , and be that the project comply with all applicable codes and regulations . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning , Austen , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Town Attorney Barney asked Mr . Ullberg about the fuel tanks shown on the site plan , with Mr . Ullberg responding that there will be only one , not two as shown on the site plan , 1 , 000 gallon gasoline tank . above ground in the service yard adjacent to the new service building . Chairman Aron stated that Mr . Frost will look into the matter of the tank as there are special regulations for gasoline tanks above ground . Mr . Frost asked if this property and / or the buildings are under the private part of the University or the State part . Mr . Ullberg stated that there has been no State allocation or direct contribution , adding that , technically , Plantations is administered by the Ag School , but all of the buildings are owned by the endowed portion of Cornell University , with the entire process of construction being handled by the endowed portion . Chairman Aron asked if the maintenance and repairs and supervision is all directed by Cornell , with Mr . Ullberg responding , yes , that is the case . Town Attorney Barney inquired if a site plan will be presented showing the tank and pump , particularly the dimensions of same , relative to the building . Mr . Ullberg stated that he would see to it that the Board is informed of this . Chairman Aron asked if there were any further questions from the Board as to the request for special approval and variance . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : WHEREAS : • 1 . This action is the consideration of a request for Special Approval of a School Use , pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , and Zoning Board of Appeals - 12 - February 25 , 1987 • consideration of a request for variance of Article V , Section 18 , Paragraph 16 , with respect to the proposed new Cornell Plantations Service Building , proposed to be located on Caldwell Road near the intersection of Caldwell Road and Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 67 - 1 - 8 , Residence District R- 30 . 2 . This project has been reviewed by the Planning Board at a Public Hearing on February 3 , 1987 , and by the Zoning Board of Appeals at a Public Hearing on February 25 , 1987 . 3 . This project is an Unlisted action for which the Zoning Board of Appeals is the Lead Agency , and for which said Board of Appeals has made a negative declaration of environmental significance , subject to . certain conditions . 4 . The following materials have been reviewed by the Zoning Board of Appeals at a Public Hearing on February 25 , 1987 : a . Short Environmental Assessment Form as completed and signed by John L . Ullberg , Cornell Campus Planning , under date of January 29 , 1987 [ Part I ] , and as reviewed and recommended upon by Richard H , Schoch . Town Park and Open Space Planner /Manager , under date of January 29 , 1987 . b , Plans entitled , " Plantations Service Building , Cornell University - Design Development " , dated January 19 , 1987 , and " Plantations Service Building for Cornell University - Floor Plans , Elevations and Sections " , ( undated ) , all by Lawson , Knapp & Pulver , Architects , Rochester , New York . c , Report of the Planning Board to the Zoning Board. of Appeals , dated February 19 , 1987 . d . Letters from the Tompkins County Health Department and the Tompkins County Department of Planning , 50 The Planning Board has determined that there is a need for the proposed use in the proposed location on the grounds that : a , the existing service building is inadequate for the needs of Cornell Plantations , and b , the proposed facility is compatible with land uses in the vicinity . 6 . The Planning Board has determined that the existing and probable future character of the neighborhood will not be adversely affected on the grounds that the project and its program management , as proposed , will not represent a , significant change in use from current land use patterns . • 7 , The Planning Board has determined that the proposed change is in accordance with a comprehensive plan of development of the Town Zoning Board of Appeals - 13 - February 25 , 1987 • on the grounds that : a . the project use and design is appropriate for the proposed location , and bo the project is consistent with zoning regulations , subject to the granting by the Zoning Board of Appeals of Special Approval for the proposed use and a height variance for the proposed building . 8 . The Planning Board has approved the site plan for the proposed facility , provided that the required variances and approvals are received from the Zoning Board of Appeals . THEREFORE , IT IS RESOLVED : 1 . That the Town of Ithaca Zoning Board of Appeals find and hereby does find the following : a . the proposal is for an educational use and serves an educational purpose , bo that the proposal as presented will not be detrimental to the health , safety , or aesthetics of the neighborhood , • co that there has been no opposition from the neighbors with respect to such proposal . 2 . That the Town of Ithaca Zoning Board of Appeals adopt and hereby does adopt all the findings of the Planning Board showing the reasonableness of the proposal and the necessity for the building . 3 . That , pursuant to Article V , Section 18 , paragraph 4 , of the Town of Ithaca Zoning Ordinance , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Special Approval for the proposed use as shown on plans submitted , subject to the condition that the applicant submit a final site plan. , acceptable to the Town Building Inspector / Zoning Enforcement Officer , showing the location of the proposed fuel storage tank and pump . 4 . That the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance from the requirements of Article V , Section 18 , Paragraph 16 , of the Town of Ithaca Zoning Ordinance to permit the issuance of a building permit for the construction of the service building as proposed , subject to the conditions that the building height not exceed 36 feet and that the project comply with all applicable codes and regulations . There being no further discussion , the Chair called for a vote . • Aye - Aron , King , Reuning , Austen , Hewett . Nay - None . Zoning Board of Appeals - 14 - February 25 , 1987 • The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the service building for Cornell Plantations duly closed . APPEAL OF ITHACA COLLEGE , APPELLANT , LAWRENCE HOFFMAN , HOL & T ARCHITECTS , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR/ ZONING ENFORCEMENT OFFICER DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A NEW ACADEMIC BUILDING , OVER THIRTY FEET IN HEIGHT AND APPROXIMATELY 72 , 000 SQUARE FEET IN SIZE , FOR THE ITHACA COLLEGE SCHOOL OF COMMUNICATIONS TO BE LOCATED WITHIN THE ITHACA COLLEGE CAMPUS , TOWN OF ITHACA TAX PARCEL NO . 6 - 41 - 1 - 30 . 2 , RESIDENCE DISTRICT R- 15 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE WHEREBY SPECIAL APPROVAL OF THE BOARD OF APPEALS IS REQUIRED AND UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 10 , OF SAID ORDINANCE WHEREBY NO BUILDING OR STRUCTURE IN RESIDENCE DISTRICTS R- 15 MAY EXCEED THIRTY FEET IN HEIGHT , AND UNDER ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . THE APPLICATION FOR SPECIAL APPROVAL OF THE BOARD OF APPEALS FOR THE CONSTRUCTION OF SAID NEW ACADEMIC BUILDING HAS BEEN REFERRED TO THE TOWN OF ITHACA PLANNING BOARD FOR PUBLIC HEARING ON FEBRUARY 17 , 1987 . Chairman Aron declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings • as posted and published and as noted above . Mr . Thomas Salm , Vice President for Business Affairs / Administration , Ithaca College , and Mr . Lawrence Hoffman , Architect , were present . Chairman Aron declared the Town of Ithaca Zoning Board of Appeals Lead Agency in the matter of the environmental review of the proposed new academic building for Ithaca College . Mr . Hoffman appeared before the Board , appended large drawings of the project to the bulletin board , and stated that the project is a new academic building for the Ithaca College School of Communications which proposes a new three story structure of approximately 72 , 000 sq . ft . containing AM/ FM and TV production facilities and teaching spaces as well as classrooms , faculty offices , a small auditorium , studios , and , as support spaces for radio and TV production , photo laboratories and student workrooms . Mr . Hoffman stated that the new building is to be located north of the existing Student Union Building and on the opposite side of the existing Campus loop road . Mr . Hoffman stated that the project also proposes modification of two existing parking lots and the creation of a new parking lot in an area currently utilized as playfields . Mr . Hoffman offered that the proposed project would create no burden on any public service of facility . Referring to the South Elevation drawing , Mr . Hoffman noted that , basically , from this side the building facade is single storied . Indicating on the drawing depicting the North Elevation , Mr . Hoffman • noted that the height of the building at its highest point , the stair tower , is 52 feet , with the main roof about 40 feet . Mr . Hoffman stated that , as sensitive as the Zoning Board is to the height of the Zoning Board of Appeals - 15 - February 25 , 1987 • building , Ithaca College was even more sensitive to it because the new Student Union [ Egbert Union ] has their cafeteria on the second level and is very sensitive to the maintaining of the views toward the Lake . Mr . Hoffman stated that , therefore , they were very careful in locating the building and in making the building height such that it would not interfere with the Lake views . Mr . Hoffman indicated the drawings of each of the three levels , as proposed . Chairman Aron asked about the enclosed areas extending out the back of the building . Mr . Hoffman stated that they were the stair towers , adding that there are three stairwells in the building and they are all located outside the basic structure of the building in order that the building would not be non - continuous in those places where the stairwells are located . As there was no one present to speak for or against this matter , Chairman Aron closed the Public Hearing and asked if there were any questions from the Board for Mr . Hoffman . Chairman Aron referred to Part II -A - Environmental Assessment - Proposed New Ithaca College School of Communications Building , prepared by Susan C . Beeners , Town Planner , [ Exhibit # 91 , under date of February 12 , 1987 , wherein Ms . Beeners recommended , as follows : " . . . The installation of the proposed satellite . dish antennae is to be certified by a registered architect or professional engineer . " Mr . Hoffman stated that it is expected that there will be two , • three -metre , roof -mounted satellite dish antennae on the building , one of which will be the one presently located on ' the roof of Dillingham Center , plus a 2 . 4 - foot receiver . Mr . Hoffman stated that the building is to be constructed of poured - in - place concrete , the foundation to have concrete spread footings , the structure concrete frame , brick and metal panels siding , and that the basic horizontal floor and roof structure is a 20 - inch deep concrete pan with five - inch slab . Chairman Aron stated that the Board is concerned about the wind factor so that the dishes do not get loose and fall , adding that that is what is meant when the Town Planner recommended certification by a registered architect or professional engineer . Mr . Frost reported on a message which Ms . Beeners had wanted him to pass on to the Board which he said had to do with a 13 - foot mast and a 30 - foot transmission tower , and with the satellite dish antennae / receivers , and which should all be included in the special approval and variance . Mr . Hoffman offered that a 13 - foot mast and a 30 - foot mast currently exist on the roof of the Dillingham Center , and will be moved over to the new building , adding that the three - metre dish and the 2 . 4 - foot receiver are also on Dillingham and will be moved too . The only " new " thing proposed for the roof of the new building is another three -metre dish . Mr . Salm stated that there are two different things to be concerned with here - - the dishes / receivers and the masts - - but the third item , the 30 - foot TV transmission tower , he thought , perhaps , Ms . Beeners had been confused by some conflicting information . Mr . Salm , commenting that the College does • have a transmission tower , stated that it is not going on the new building - - a thirty - foot mast is - - adding that their transmission tower for radio stations will stay up on the hill behind the Campus . i Zoning Board of Appeals - 16 - February 25 , 1987 • Mr . Salm stated that the only new thing going on the new building is another three -metre dish , the rest of the equipment is coming from Dillingham . Chairman Aron suggested that the height of the masts should be incorporated into the Board ' s deliberations . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : WHEREAS : 1 . This action is the consideration of a request for Special Approval of a School Use , pursuant to Article IV , Section 11 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , together with the proposed installation of roof -mounted satellite dish antennae / receivers and masts , and , consideration of a request for variance of Article IV , Section 11 , Paragraph 10 , for the proposed new Ithaca College School of Communications Building , to be located on the Ithaca College Campus , Town of Ithaca Tax Parcel No . 6 - 60 - 1 - 25 . 42 , Residence District R - 15 , 2 . This project has been reviewed by the Planning Board at a Public Hearing on February 17 , 1987 , and by the Zoning Board of Appeals at a Public Hearing on February 25 , 1987 . 3 . This project is a Type I action for which the Zoning Board of Appeals is the Lead Agency for environmental review . • 4 . A negative declaration of environmental significance has been recommended by both the Town Planner and the Town Planning Board , with certain conditions . THEREFORE , IT IS RESOLVED : 1 . That the Town of Ithaca Zoning Board of Appeals adopt and hereby does adopt the findings of the Town Planner , Susan C . Beeners , as set forth in her review ( Parts II and II -A ) of the Long Environmental Assessment Form completed , signed , and submitted by Lawrence Hoffman , Architect , under date of February 2 , 1987 . 2 . That the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance for the above - referenced action , subject to the applicant ' s submitting a final drainage plan which meets with the approval of the Town Engineer and subject to certification by a registered architect or professional engineer that the installation of the proposed satellite dish antennae / receivers on the roof of the building is structurally sound . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning , Austen , Hewett . Nay - None . • The MOTION was declared to be carried unanimously . Zoning Board of Appeals - 17 - February 25 , 1987 • Chairman Aron asked the Board to turn to the matter of the requested height variance . Mr . Hoffman stated that the facility is proposed to be 52 feet in height at its highest point , adding that the masts could be mounted on the side of the building or , preferably , on the " main " roof . Chairman Aron suggested that it could be separated such that the structure not exceed 52 feet , then include the dishes and allow for the masts . There appearing to be no more questions from the Board , Chairman Aron asked . for a motion . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : WHEREAS : 1 . This action is the consideration of a request for Special Approval of a School Use , pursuant to Article IV , Section 11 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , and , consideration of a request for variance of Article IV , Section 11 , Paragraph 10 , for the proposed new Ithaca College School of Communications Building , to be located on the Ithaca College Campus , Town of Ithaca Tax Parcel No . 6 - 60 - 1 - 25 . 42 , Residence District R- 15 , 2 . This project is a Type I action for which the Zoning Board of Appeals is the Lead Agency , and for which said Board of Appeals has made a negative declaration of environmental significance , with certain conditions . 3 . The Town of Ithaca Planning Board at a Public Hearing on February 17 , 1987 , approved the Site Plan for the proposed facility and its appurtenances , with certain conditions . 4 . The following materials have been reviewed by the Zoning Board of Appeals at a Public Hearing on February 25 , 1987 : a . SEQR Long Environmental Assessment Form and accompanying reviews , b . Appeal Form . c . Location Plan . d . Plans entitled , " A New Building for the School of Communications , Ithaca College " , Sheets 101 , 201 , 202 , 203 , 301 , and 302 , by Hoffman , O ' Brien , Levatich and Taube , P . C . e . Report of the Town of Ithaca Planning Board dated February 19 , 1987 . [ Exhibit # 101 • THEREFORE , IT IS RESOLVED : 1 . That the Town of Ithaca Zoning Board of Appeals find and hereby Zoning Board of Appeals - 18 - February 25 , 1987 does find that the subject building serves educational purposes ; there is a need for the proposed facility ; there have been no objections from neighbors ; the project is in keeping with the Ithaca College educational facilities campus plan and complements the existing aesthetic qualities of the College . 2 . That the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Article IV , Section 11 , paragraph 10 , of the Town of Ithaca Zoning Ordinance , to permit the construction of the subject building , upon condition that such building not exceed 52 feet in height and that the satellite dish antennae / receivers and masts proposed to be mounted thereon not extend more than 23 feet above such building , that is , the building and related appurtenances may not exceed 75 feet in height , and subject to the applicant ' s submitting with his plan or plans certification , by a registered architect or professional engineer , that the mounting of the proposed satellite dish antennae / receivers on the roof of the building is structurally sound , and further subject to the applicant ' s submitting a final drainage plan which meets with the approval of the Town Engineer . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning , Austen , Hewett . • Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron asked the Board to consider the Special Approval aspect of the request . Mr . Frost inquired if the matter of access for fire equipment has been addressed . Mr . Salm responded that that process has been begun , adding that they have just completed the design . Mr . Salm noted that the New York State Dormitory Authority is funding the building and , as such , will certainly be involved in terms of the requirements of the Uniform Fire Prevention and Building Code , adding that they will also supervise construction with their own inspectors . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : WHEREAS : 1 . This action is the consideration of a request for Special Approval of a School Use , pursuant to Article IV , Section 11 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , and , consideration of a request for variance of Article IV , Section 11 , Paragraph 10 , for the proposed new Ithaca College School of Communications Building , to be located on the Ithaca College Campus , Town of Ithaca Tax Parcel No , 6 - 60 - 1 - 25 . 42 , Residence District R- 15 . 2 . This project is a Type I action for which the Zoning Board of Zoning Board of Appeals - 19 - February 25 , 1987 • Appeals is the Lead Agency , and for which said Board of Appeals has made a negative declaration of environmental significance , with certain conditions . 3 . The Town of Ithaca Planning Board at a Public Hearing on February 17 , 1987 , approved the Site Plan for the proposed facility and its appurtenances , with certain conditions . 4 . The following materials have been reviewed by the Zoning Board of Appeals at a Public Hearing on February 25 , 1987 : a . SEQR Long Environmental Assessment Form and accompanying reviews . b . Appeal Form . c . Location Plan . d . Plans entitled , " A New Building for the School of Communications , Ithaca College " , Sheets 101 , 201 , 202 , 203 , 301 , and 302 , by Hoffman , O ' Brien , Levatich and Taube , P . C . e . Report of the Town of Ithaca Planning Board dated February 19 , 1987 . [ Exhibit # 101 • NOW , THEREFORE , BE IT RESOLVED : 1 . That the Town of Ithaca Zoning Board of Appeals adopt and hereby does adopt the Findings of the Town of Ithaca Planning Board as adopted at Public Hearing February 17 , 1987 . 2 . That the Town of Ithaca Zoning Board of Appeals determine and hereby does determine that : a . the proposed use and the location and design of the facility will be consistent with the character of the district in which it is located ; be the proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants , ce the proposed access and egress for the facility will be safely designed ; do the general effect of the proposed use upon the community as a whole , including such items as traffic load upon public streets and load upon water and sewerage systems will not be detrimental to the health , safety and general welfare of the community . • 3 . That , in accordance with the requirements of Article IV , Section 11 , paragraph 4 , of the Town of Ithaca Zoning Ordinance , the Town Zoning Board of Appeals - 20 - February 25 , 1987 • of Ithaca Zoning Board of Appeals grant and hereby does grant Special Approval for the New Academic Building proposed for the Ithaca College School of Communications , subject to the conditions set forth in said Board of Appeals ' grant of variance therefor . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning , Austen , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Ithaca College Appeal duly closed . ADJOURNMENT Upon Motion , Chairman Aron declared the February 25 , 1987 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 00 p . m . • Respectfully submitted , Mary S . Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henr Aron , Chairman . • w .i • 4 (' 1 F ! j ( t'r i� i, � • � ; . I (, I I` � ,u a r I ' N 1 O f av_. r_n :- ti f / 810 - t I d cr W I- , . It Oz Ln o\ J I „ h rt q ` ` 4r✓(/ - b _ I � i h _ i w ul L. i _, c_. u, a d o 4 W 01 � � — N� ( f 1 / Q n N n n Oil ' . „ N j fff to 01 _ \ n J 4 q N o / 1 /1 OS o' - - - tn - °o ZEt - - - litEi CO21 n 1'n O2`\�d2 , , - - _ _ _ _ — .— _ _ _ _ t W h' Z q - \ \ Z \ I - I to tttFFFF h• O oo J . l ° ., f a tJ i-• > m ICE ENE Oo _ N ip Flo) 0 itrte. n `10 °Or \ ,6 ��, 1 / n• u�r \ � \ 0 \ _ _ \ / \ \ \ \ \ . ` / OS � � M � � \\ 1� \ N N. ICE n ° g 0 \\ \ / bi 10 \ \ 2 a / o UJ w y'' \ \ 1 _ / N m Z J M J ~ W � ` bti 6 \\ eo a \ I t - } of c . _ \ J / / / \ I9 I \ w da 2 o a a 0- LJ ILIA � \ uy ; o u: �\ - o 0 c. a r 90 Li Vt tip •.NN v / .� ; ' 4141 ^ \ \ / /� 6h /` i N LL IN •, f 1 III N\ o s - � .' 1ro Id ',.� eV •/ 010 90 . `a `. \� It \ 5 2 ': 1 ' "•'�' � tOS Q. ) i � JII I i i I I 4�, 00110000 40 /. \ rc) d00000 Q l 9 \ \ � j In 401010 •e • \\ / SOP/ 37i � o. J. I - 4 N °` 4000 -- s -( �: j � z ! I C IT p J6 1 tJV,r. I T tp ; w r , 0 - F- r- : r Okj fl� S� cn ; Ul .� 01 ! QI : .: EX3IBIT # 1 jUl �ti •a a < MI; x� Y Ij n GRANT OF RESTRICTIVE COVENANT �•f Made thi s day of 1987 , by . of Ithaca , New York , hereinafter called " Grantor " ; TO THE TOWN OF ITHACA , a Municipality within the County of Tompkins and State of New York . WHEREAS , the Grantor is the owner of real property on the northeasterly side of Coddington Road and the northerly side of an unopened street in said Town of Ithaca designated as Ithaca Land Company Lots 13 , 14 , 16 , 17 , 18 and a portion of 12 , and which properties are now designated on the Town of Ithaca Tax Map as # 54w7w41 and 54w7w43 , AND WHEREAS , the Grantor desires to construct dwellings on these parcels ; AND WHEREAS , said property is situated in an Rw9 Zone under the current Town of Ithaca Zoning Ordinance as readopted , amended and revised as of February 12 , 1968 , dwellings of no more than two = family size lots no smaller than 9 , 000 square fee . being permitted in this Zone ( although it is recognized that dwellings could be legally erected on each of the above mentioned Ithaca Land Company lots by - virtue of the existence o this subdivision prior to the Zoning enactment ) , AND • WHEREAS , the Grantor desires to obtain authority for construction of two buildings each to include two dwelling units , and each unit to contain four bedrooms for occupancy by A family or no more than four unrelated persons in each dwelling unit . Grantor is willing to and has offered to devote and dedicate the five and one ` half Ithaca Land Company lots mentioned above to this proposed building . EXHIBIT # ? EXHIBIT # 2 I 3 .. 4 . In any event this entire parcel shall henceforth be deemed fully subject to the Town of Ithaca Zoning Ordinance . rather than any part thereof retaining any status as a i preexisting subdivision lot . IN WITNESS WHEREOF the Grantors have hereunto set their hands and seals as of the day and year last above written . Town of Ithaca Tax Parcel 54w7w41 and 54bm7 = 43 • STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : On this day of 1987 , before me , the subscriber , personally appeared to me known and known to me to be the same persons described in and who executed the within Instrument and they duly acknowledged to me that they executed the same . Notary Public I EXHIBIT #2 PART II - . Environmental Assessment - Iacovelli Ap eal A . Action is Unlisted . B . Actionis receiving coordinated review ( Tompkins County Highway Dept . , Tompkins County Planning Dept . ) C . Could action result in any adverse effects on , to or arising . from the following : Cl . Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage . or flooding problems ? No significant impact to land with respect to drainage , water quality , or erosion potential is expected provided that the site is properly graded and revegetated . Lot coverage by buildings and parking is within requirements . Buildings . are designed to conform to site topography. Open . :space retained on parcel 41 would preserve poorly -drained hedgerow areas along the former railroad right of way . No impact is expected to air quality . Noise potential should be adequately controlled in the leasing and management of the property . Parking ( 1 space per 1 . 3 occupants ) exceeds the requirements of Section 69 of the Zoning Ordinance , and is considered adequate for the occupants because the site is within walking distance of . Ithaca College and bus services . The potential traffic volume from the site is within the capacity of Coddington Road . While the proposed driveway would - be within approximately 50 to 60 feet of the centerline of the Ithaca College entrance ` no significant impact is expected . This area of Coddington Road is zoned for 30 m . p . h . travel . The main problem identified with the College . entrance intersection appears to be caused by the cut bank on the north edge of this entrance and the left turn visibility when exiting onto Coddington Road . The proposed Iacovelli driveway would not conflict significantly with this intersection . The Tompkins County Highway Department has been notified as to this proposal , and would be responsible for approval of the final driveway intersection design at Coddington Road , C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? No significant adverse impact is expected . Under the present zoning , . parcel 43 could be subdivided into two lots , each with two dwelling units . The present proposal would be - . equivalent to this in density and occupancy . The ± 1 / 2 acre of open space to retained . ( parcel 41 ) would not only henefit parcel 43 but would especially benefit the adjacent residences to the southeast . • While the proposed buildings are not typical in style to adjacent buildings , the one - story front section of each building and the relation of each building ' to the topography would assist EXHIBIT # 3 1 in achieving some scale and modulation similar to adjacent • residences . The proposed buildings would be similar in style to several built - in the general Pennsylvania Avenue / Kendall Avenue area . C3 . Vegetation or fauna , movement of fish. or . wildlife species , significant habitats , or threatened or endangered species , No significant adverse impact is expected. . Open space on parcel 41 would preserve vegetation of local value . C4 . A community ' s existing plans or goals as officially . adopted , or a change in use or intensity of use of land . or other natural resources ? No significant adverse impact is expected . The proposal is similar to 2 projects on Pennsylvania and Kendall Avenues for which special permits and related variances have been granted by the Zoning Board of Appeals ., and in. which certain parcels were reserved as open space . No significant change in land use or intensity is expected . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? • No significant adverse impact is expected . Similar projects would be 'subject to further review . Proposal would cluster development and preserve open space in a manner corrective of the small lots of the Ithaca Land Company C6 . Secondary , cumulative , or other effects not identified in C1 - C67 Not expected . C7 . A change in use of either quantity or type of energy ? . Not expected . PART III A negative determination of environmental significance is recommended for the reasons discussed above , conditional upon the execution of restrictive covenants on parcel 41 and upon the approval of the drivewaydesign by the ' Tompkins County Highway Department , Lead Agency : Town of Ithaca Zoning Board of Appeals • Reviewer : Susan Co Beeners , Town Planner Review Date : February 20 , 1987 _0Ar' C � EXHIBIT # 3 en Rr�hrdt PMa w'"° "ei uG .y Hcl e r d c Sh Sr,do ,.....ty WWN M f wry piiiiiiiiim Tem Grderh l � - t s �< F.N. ^` :.Y �F•-� � / is /�✓� ^. dd F=Z 4G I Sal N.Ne.em Alloreyhe f Sctwttryt lab.44 ji „ Herford Farmwxw 44 k^ Fibratidn UbL FUM a ? n. a 3rmllae. N.Y.S. Syed C°ap _ ..-. Mitch" 8e Cyrt�yt� lab t , �CraarMwuaoa P. ro ane Olr FedrM &VmFsmi � —Fit LGA Gu19^n" UG Frm r ,*, ZmE` P+an x e BO w Thor f e,aa \ fl.r5. it 0 6.n, MCG+ W, $ e , f: laf7a tmtryry to 'F �� leaarp sCo"e9" ''"'tv. y 02 ' oaf` 'soop Glrted 4�yyt,A dd CSWM � oAt7 Ab Fa m v lab - rv,aby Re c° BMr W rwh 81wr a� 0. �} e.m Aa.o $ la,rM "..era, Nrs p C > ED r ErC.e" NMn oe..wo... Ic.. ♦reel' M1y. EXHIBIT #4 S IV TO UNg" C ® UNT� VEP T EN" I" F i t ; SUZANNE R. STOPEN, R.N., ' M .P.S. n. �, � � Envlronnalentai HealU: Divislori Public Health Director s' 1 } �--• `�' - " " I ' • ;! 4.,..>,..,�..��.._...: , ' 1 '3 ?t37 Trumanaburg Road Ithaca, Now Mork 14856 CFS _ Q 607-373-7275 _... . ._ .. ___ February 5 , 1987 Mr . Richard H . Schoch Park and Open. Space Planner Town of Ithaca 126 East Seneca Street Ithaca , New York. 14850 Re : Cornell Plantations Service Building Dear Mr . Schoch : We have . no objection to the Ithaca Zoning Board of Appeals becoming the lead agency for this project . In fact , if public sewer / water utilities are to . . be provided the Tompkins County Health Department will not have any regulatory function . • We would , however , point out that two critical areas are next to this project - the Cornell University Water Treatment Plant and Fall Creek . If any new outlets , including for storm drainage , are to be made to Fall Creek permits will be needed from the New' York State Department of Environmental Conservation in Cortland . Very truly yours' , Joh M . Andersson , P . E . D _ uctor , Environmental Health JMA / cb cc : Douglas Clark , Manager Cornell University Sewer / Water Division • EXHIBIT # 5 1 ## #„##;;'•`;;'•` TOMPKINS COUNTY DEPARTMENT' OF PLANNING Frank R . Liguori PE Commissioner of Planning . \Gv vY.X ro Y ,GY h ri it '�i i4 it#itri • h . Y- ” C `• Y ]L `• XXYYY !!J!Y `! `CXY `• YXv v . hh '�t#Xi\\ 7tri n itn n ri ri •tn n •ii\ i\ .. dXri niCit7�'iC7.is X.!-!Y ]!]! '. Y \r _v_ v Yu Y ietc. r . .. \ r\ nn nn nit rt i: ni\ vv y vy .!J • \ i!] i'Yi!'ir Yi! _• yJ. v J. `. v JCY]�.Y_�.YY ]! " - ri it it _ •. .0 : .:i\ •�' ri#:n i • n \ \ C n \ ri ri n X C#9�it i\ :if ii###�t# n • n. n. •t n it ' own. of. _. Ithaca 87 _ . February . 10 , 1987 rECB) { 1987 ` Uhl TOWN G F 1THACA To : Richard H . Schoch From : Frank R . Liguori , Commissioner of Planning Re : Zoning Review Pursuant to Section . 239-1 and -m of the New York State General Municipal Law , Case : Height variance appeal of Cornell Plantations for Plantations Service Building off Caldwell Road This will acknowledge receipt of the proposal for review under Section 239-m . This proposed action does not meet the conditions outlined in Section 239 -m and , therefore , requires no review by the Tompkins . County Planning Department . • EXHIBIT # 6 Biggs Center , Building A , 1283 Trumansburg Road , Ithaca , New York 14850 ( 607 ) 274-5360 • Cornell University Plantations Service Building - 1 - Planning Board 2 / 3 / 87 for Zoning Board of Appeals 2 / 25 / 87 ADOPTED RESOLUTION : SEQR Proposed Cornell Plantations Service Building Report to the Town of Ithaca Zoning Board of Appeals Planning Board : February 3 , 1987 MOTION by Mrs . Virginia Langhans , seconded by Mr . Edward Mazza : WHEREAS : 1 . This action is the site plan review and the consideration of a recommendation to the Zoning Board of Appeals with respect to a request for Special Approval of a School Use , pursuant to Article V . Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , and with respect to a request for variance of Article V . Section 18 , Paragraph 16 , for the proposed new Cornell Plantations Service Building , proposed to be located on Caldwell Road near the intersection of Caldwell Road and Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 67 - 1 - 8 , Residence District • R- 30 . 2 . This project has been reviewed by the Planning Board at a Public Hearing on February 3 , 1987 . 3 . This project is an Unlisted action for which the Zoning Board of Appeals , in considering Special Approval and a height variance for such project , is the Lead Agency for environmental review . 4 . A negative declaration of environmental significance has been recommended by the Town Park and Open Space Planner , contingent upon the following : a . that a variance of Article V , Section 18 , Paragraph 16 , be granted by the Zoning Board of Appeals for construction of the proposed service building , with the building height not to exceed 36 feet , and bo that the project comply with all applicable codes and regulations . THEREFORE , IT IS RESOLVED : That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative declaration of • environmental significance be made for the above - referenced action , contingent upon the following : EXHIBIT # 7 • Cornell University Plantations Service Building - 2 . Planning Board 2 / 3 / 87 for Zoning Board of Appeals 2 / 25 / 87 • a . that a variance of Article V . Section 18 , Paragraph 16 , be granted by the Zoning Board of Appeals for construction of the proposed service building , with the building height not to exceed 36 feet , and be that the project comply with all applicable codes and regulations . Aye - May , Grigorov , Mazza , Baker , Klein , Langhans , Kenerson , Lesser . Nay - None . CARRIED UNANIMOUSLY . ADOPTED RESOLUTION : Proposed Cornell Plantations Service Building Report to the Town of Ithaca Zoning Board of Apj2eals Planning Board : February 3 , 1987 MOTION by Mrs . Carolyn Grigorov , seconded by Mr . James Baker : • WHEREAS : 1 . This action is the site plan review and the consideration of a recommendation to the Zoning Board of Appeals with respect to a request for Special Approval of a School Use , pursuant to Article V . Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , and with respect to a request for variance of Article V , Section 18 , Paragraph 16 , for the proposed new Cornell Plantations Service Building , proposed to be located on Caldwell Road , hear. -. the intersection of Caldwell Road and Forest Home Drive. , Town of Ithaca Tax Parcel No . 6 - 67 - 1 - 8 , Residence District R- 30 . 2 . This project has been reviewed by the Planning Board at a Public Hearing on February 3 , 1987 . 3 . This project is an Unlisted action for which the Zoning Board of Appeals is the Lead Agency , and for which the Planning Board has recommended to the Zoning Board of Appeals that a negative declaration of environmental significance be made . 4 . The following materials have been reviewed by the Planning Board at a Public Hearing on February 3 , 1987 : • a . SEQR Short Environmental Assessment Form . b . Plans entitled , " Plantations Service Building , Cornell EXHIBIT # 7 Cornell University Plantations Service Building - 3 - Planning Board 2 / 3 / 87 for Zoning Board of Appeals 2 / 25 / 87 • University - Design Development " , dated January 19 , 1987 , and " Plantations Service Building for Cornell University - Floor Plans , Elevations and Sections " , ( undated ) , by Lawson , Knapp & Pulver , Architects , 5 . The Planning Board finds that there is a need for the proposed use in the proposed location on the grounds that : a . the existing service building is inadequate for the needs of Cornell Plantations , and be the proposed facility is compatible with land uses in the vicinity . 6 . The Planning Board finds that the existing and probable future character of the neighborhood will not be adversely affected on the grounds that the project and its program management , as proposed , will not represent a significant change in use from current land use patterns . 7 . The Planning Board finds that the proposed change is in accordance with a comprehensive plan of development of the Town on the grounds that : a . the project use and design is appropriate for -the proposed • location , and be the project is consistent with zoning regulations , subject to the granting by the Zoning Board of Appeals of Special Approval for the proposed use and a height variance for the proposed building . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board report and hereby does report its approval of the site plan for the proposed facility , provided that the required variances and approvals are received from the Zoning Board of Appeals . 2 . That the . Planning Board recommend and hereby does :recommend to the Zoning Board of Appeals that Special Approval for the proposed use be granted , and that a variance of Article V , Section 18 , Paragraph 16 , be granted for construction of the service building as proposed , with the building height not to exceed 36 feet . Aye - May , Grigorov , Mazza , Baker , Klein , Langhans , Kenerson , Lesser . Nay - None . CARRIED UNANIMOUSLY . EXHIBIT # 7 ' Cornell University Plantations Service Building - 4 - Planning Board 2 / 3 / 87 for Zoning Board of Appeals 2 / 25 / 87 Nancy Me Fuller , Secretary , Town of Ithaca Planning Board . February 19 , 19870 • • EXHIBIT # 7 ' 14-16-4 (12;85)— Text 12 PROTECT I D. NUMBER QQy 2 • R 1 .. Appendix x C State Environmental Ori.allty Revle, For UNLISTED ACTIONS Only PART I Project Info ima Lica (To be completed by Applicant or 4roject sponsor) 1 . Applicant/sponsor 2 . Project Name ' Cornell University Plantations Service Building 3 . Project location: Municipzlity Tom of . Ithaca Ccvnty Tompkins 4. Is proposed action �— ® New El Expansion ❑ Modificationlalteration . S . Describe project briefly! Construct a maintenance / service building to support Grounds •maintenance operations for Cornell Plantations . 6 . Precise location (raid intersections, prominent landmarks, etc. or provide map) Map attached , 7 . Amount of Ian of ected: O • 75 Initially acres . Ultimately acres ' • 8 . Will proposed action comply with existing zoning or other existing land use restrictions?IN I Yes 0 No If No, describe briefly 9 . What is present land use in vicinity of project? ❑ Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ ParklandJopen space U Other Describe: Institutional 10 . Does action involve a permitlapproval, or funding, now or ultimately, from any other governmental agency (Federal, state or local)? ® Yes ❑ No 11 yes, list agency(s) and permiVapprovals Special approval from . Town zoning Board of Appeals i1 . Does any aspect of the action have a currently valid permit or approval? ' ❑ ' Yes ® No If yes, list agency name and permitlapproval type e 12 . As result of proposed action will existing permitlapproyal requite modification? ❑ Yes ❑ Na CzRTIFY TNA7 THE 'INFORMATION PROVIDED ABOVE IS TRUE TO THE 'BEST OF MY KNOWLEDGE /� ,� � �t ( i ' { i Applicant/ ern, _ ` l V R. ial ( yr ����� f \ Date: Signature: { �. --- O� >^ Q r- if the action is In the Coastal Area, and you ar4o a state agency, comp ate the Coastal Assessment Form bafore proceeding with this assessment OVER EXHIBIT #8 1. 3 I•'_ I +AfA a yk.w r R41S� t. t y y �i i x M1 h , f i I I,�s f.�..l r .�•fq ¢. ryq'S iii ^ .' > 1 *. J •"are 1 ' r at ,h # t :.C...x,R£'?Na, ....saf.f i..�• Ir+4v F..tyr4f u?• -rT.Y ^f "l". .' r ya t F 'S:'. ..•:` ' :. 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Lxpfrrn' briefly ': ,, IPA i }} 1 'h 1 h s .� % 1 ,ro v5, t r 'lll- '^: t 3 }r�'r '' }• - < f 4 . ,y `,i y. > ♦ +�'r_T �4l R. -,f II4 t- r isrt ' ?1 P4 v.A`jA} 'Z"' ' . a 3 r `. r .0 " .' .i f< R 1' tY} rv' y 'I i :Ct a {ss 1 I '.,•"'k9a t S �[ ria u t 41lr, r w'a.'YSZ^ :. �+ 11 1 ,gip fy / 1 1 fProX -& V.° PI '?lir S t 1.R .1t l 1 I p 111,4Pr "i 1• ' A ) t 'W j % M. yap ;.,II .'-' T ,. , .ff IL I�,A PIPt 4 [ I, iI E) t -r i. P a .-J11 Cd -: f t Y: r xLnt ?If a I -�i CS. Crowth, subsequent de refcpmert or related activities ➢7kely to be induced by tf a proposed action ! Explain briefly. - A. L. , e .1 et , It ` ' "'f, y1. t M > . ' h k s.• t L fi } ,. 1f�4 t oyix .% . % .A .. •- y 1 toII •� ' % „i �1 `. 1 S S�' . .F . s .1,y1. f..Y - bP. IP. % . I iR . .- . ' . . , .. . . t 4r ,r � ,M1 at CIP 6. Secondary, cumulative, or other effects not identified in C7{6? Explain briefly. `. . . . . 4. 1 >•i �1 , .. -. t � . .. , . I'4,ir a °a , hr' . C7: A than a in use of either quantity or a of energy?? PIPP - g q ty type Pf- Exprain briefly. r , tr1 PART Ill Determination of Signif}canee (To be completed by Agency) . 1_- . INSTRUCTIONqra For each' adverse effect identified above, determine whether i;: is substantial, large, important or otherwise t u , . Significant. Each effect should be assessed in connection with its (a) setting (i.e. urban. or rural); (b) probability of occurring;, . (e) duration; (d) irreversibility; (e) geographic scope; and (f) magnitil ( f necessary, add attachments or rr!fererl supportirep, materials. Ensure 'that explanations contain sufficient detail to show, that all relevant adverse impacts have been identified . P . Irt Ii and adequat_efy addressed. :r ; i , . ❑ Check- this bok if you have identified One Or more potentially large or s4g.nrifcant•adverse impacts which MAY occur l herr `. m proceed directly to the FULL EAF andlorprepare a positive declaration- . [ Check this box if you have determined; based on the information and . analysis above and any supporting documents tion, . that the proposed action WILL. NOT result ii, anv significant adverse environmental impacts AND provide hece, .anrj ori attachments as necessary, the reasons supportng this. determination: . 2' I. II P . II . . - - . _ - i. ,,- . . , ,. . - .. . . , . . I . P. .1 - .. .4 t yr t .. IEE E ATTR C � E �' . .{c _ -' ' •v r , , } . 0 I 4 1 . I . I I. . . I .1 I � + I . � 11 I .. 5 . J .I . P. Agency Name ASe cy Preparess 'tvame M^^T� I IPP Prepare<s Signature/Title- Date . .- - : . V . . t P. ,, . ;y � EXHIBIT #.8 � .1., . . . 1. _ _ 1 .. . . . . • . : • .. 1 4 ' 1 91 - j F - PART IZ Environmental Assessment - Cornell Plantations Service _ + 10 Building A . Action: is Unlisted. , Rw. . Aot :Lol:3;. ' W,1111 receive coo -rdi; na. ted rP_ vi: ew ( 7o-wpkin CQUD.. t3t' Department . of . Pia,"LMIYK� a. nri . rompkin. s County Depart flt Of Health n a h. Ce Could action,+ esu : t in any adVer: ae e f�^ cts. on , to ox a � sine ' from U,, follows r� a INxpd C ,xistingai.r qual. it , sTar_ fa;ce or groundwater qua or. g Iity quantity-r- noiselevels. , existing traffic• patterns -,. Solid wAste. production or disposal , potential 1or erosion , draipage or flooding, problems ? No slan. ificant adverse impact is expected. from the proj. ect . . The project site. is removed from residential . areas . AcceSSr to the project site is adequate , and proposed parking meets Zoning Ordinance requirements , Provisions . may be necessary in the future for temporary summer employee pa. r_ king . Drainage improvements as proposed are adequate . Sewer_ connection would be ; . ' subject to approval by the Tompkins County Health Department . Other utilities would be subject to compliance with pertinent codes and regulations . C2 . Aesthetic , agricultural , archeological , historic , or other natural _ or cultural resources , or community or neighborhood character ? Adverse impact is not expected . Proposed use is compatible with the rest of Cornell Plantations ' program and objectives . Proposed building design is consistent with the character of the surrounding Forest Home area . C3 . . Vegetation or fauna , movement of fish or wildlife speciesr significant habitats , or threatened or endangered species ? No significant adverse impact is expected . Proposed plans include the conservation of existing trees and additional landscaping . C4 . A community ° s existing plans or goals - as officially adopted , or a. change in use or . intensity of use . of land brother natural resources ? No significant . change in land use is expected . . Proposal is* consistent with coma«uni.ty plansand goals * C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? No significant adverse . : impact. expected , Proposed service building will provide improved support far Plantations ' activit .i.es on existing Plantations grounds . , • C6 . Secondary , cumulative , or other effects not identified in. Cl -C6 ? EXHIBIT # 8 rc - _ . . � ., . six• to - ., . iu{. � ) . • Not expected C7 � A change in use . of either quantity or: type of energy Nat: expected Y PART l, 1 . ftb* ct tQ , compliance of the Service Building wit1i all pertinent codes and reg:ulatioas , no sign ficant adverse impact: i s- expected:.. . Proposed facility will fJi11 a communety meed and is expected to be compatible- . with crthc r land uses In the v ,76cin �� ty , Lam ' xbCET4;t --ve aeclaration of environmental signific, ante APs recommended providing . the followina condi tions are net : a. o . That: a. variance . of Art cle . V , Section 18 , Paragraph 16 be granted by the Zoning Board of Appears :dor construction of the. proposed service building , with thy: buildij:� c� . height not to 'exce.ed 36 feet , b. � . That the project comply with all applicable codes and rec7U. latiorjs Lead Agency : Town of Ithaca - Zoning Board of . Appeals Reviewer : Richard Ha Schoch , Park and Open Space Planner: • Review Date : January 29 , 1987 a ' ' l 1l EXHIBIT # 8 • PART II -A - Environmental Assessment - Pro osed New Ithaca College School of Communications Buildi. nq A . Action is Type I . Be Action will receive coordinated review ( Tompkins County Department of Planning ) IMPACT ON LAND : Project will have a small to moderate impact on land in that site construction would continue for more than one year . Such is expected to be mitigated through erosion control and other site revegetation practices . Balanced cut and fill will reduce trucking associated with project . IMPACT, ON WATER : 'Project will essentially retain existing drainage patterns , as shown in the preliminary grading plan ;-. and isnot expected to adversely affect existing drainageways or the stormwater retention pond north of the project site . The final grading and drainage plan , to show measures for managing increased runoff , should be subject to approval by the Town Engineer . IMPACT. ON AESTHETIC RESOURCES AND COMMUNITY CHARACTER . No significant adverse impact is expected . The site is located at the center of the College campus . The proposed building would be compatible in scale , mass , height , and material • to nearby campus buildings , and would not be significantly visible from Town / City residential neighborhoods . The proposed installation of two roof -mounted satellite dish antennae would essentially include the relocation of one dish antenna . from another building . This installation is not expected to significantly impact on - or off - campus views . IMPACT ON OPEN SPACE AND RECREATION : No significant adverse impact is expected . The project would result in the loss of one College practice. field , which has seen limited , if any , use by the general community . .. The consideration of potential new practice fields , if such are needed , in College athletic programming is expected to mitigate any potential impacts . RECOMMENDATION : A negative declaration of environmental significance is recommended , conditional upon the following : a . The final drainage plan ' is to be subject to the approval - of the .Town Engineer . b . The installation of the proposed satellite dish antennae is to be certified by a registered architect or professional engineer . • Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : Susan Co Beeners , . Town Planner Review Dates February 12 , 1987 " ' � � �7« ct/✓ EXHIBIT # 9 'A Ithaca College School of . Communications New Academic Building - 1 - Planning Board 2 / 17 / 87 for Zoning Board of Appeals 2 / 25 / 87 ADOPTED RESOLUTION : SEQR Proposed New Academic Building Ithaca College School of Communications Report to the Town of Ithaca Zoning Board of Appeals Planning Board : February 17 , 1987 MOTION by Mrs . Carolyn Grigorov , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the site plan review and the consideration of a recommendation to the Zoning Board of Appeals with respect to a request for Special Approval of a School Use , pursuant to Article IV , Section 11 , Paragraph 4 of the Town of Ithaca Zoning Ordinance , with respect to the proposed installation of two roof -mounted satellite dish antennae , and with respect to a request for variance of Article IV , Section 11 , Paragraph 10 for • the proposed new Ithaca College School of Communications Building , to be located on the Ithaca College Campus , Town of Ithaca Tax Parcel No . 6 - 60 - 1 - 25 . 42 , Residence District R- 15 , 2 . This project has been reviewed by the Planning Board at a Public Hearing on February 17 , 1987 . 3 . This project is a Type I action for which the Zoning Board of Appeals is the Lead Agency for environmental review . 4 . A negative declaration of environmental significance has been recommended by the Town Planner , conditional upon the following : a . The final drainage plan is to be subject to the approval of the Town Engineer . b . The installation of the proposed satellite dish antennae is to be certified by a registered architect or professional engineer . THEREFORE , IT IS RESOLVED : That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative declaration of environmental significance be made for the above - referenced action , conditioned upon the final drainage plan being approved by the Town • Engineer . EXHIBIT # 10 • Ithaca College School of Communications New Academic Building - 2 - Planning Board 2 / 17 / 87 for Zoning Board of Appeals 2 / 25 / 87 Aye - May , Grigorov , Baker , Klein , Langhans , Kenerson , Lesser . Nay - None . CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * ADOPTED RESOLUTION : Proposed New Academic Building Ithaca College School of Communications Report to the Town of Ithaca Zoning Board of Appeals Planning Board : February 17 , 1987 MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the site plan review and the consideration of a recommendation to the Zoning Board of Appeals with respect to a request for Special Approval of a School Use , pursuant to Article • IV , Section 11 , Paragraph 4 of the Town of Ithaca Zoning Ordinance , with respect to the proposed installation of two roof -mounted satellite dish antennae , and with respect to a request for variance of Article IV , Section 11 , Paragraph 10 for the proposed new Ithaca College School of Communications Building , to be located on the Ithaca College Campus , Town of Ithaca Tax Parcel No . 6 - 60 - 1 - 25 . 42 , Residence District R- 15 . 2 . This project is a Type I action for which the Zoning Board of Appeals is the Lead Agency , and for which the Planning Board has recommended to the Zoning Board of Appeals that a negative declaration of environmental significance be made , conditioned upon the final drainage plan being approved by the Town Engineer . 3 . The following materials have been reviewed by the Planning Board at a Public Hearing on February 17 , 1987 : a . SEQR Long Environmental Assessment Form . b . Appeal Form . c . Plans entitled , " A New Building for the School of Communications , Ithaca College " , Sheets 101 , 201 , 202 , 203 , 301 , and 302 , by Hoffman , O ' Brien , Levatich and Taube , P . C . THEREFORE , IT IS RESOLVED : • i . That the Planning Board find and herebydoes find the fo llowing . EXHIBIT # 10 r � � v Ithaca College School of Communications New Academic Building - 3 - Planning Board 2 / 17 / 87 for Zoning Board of Appeals 2 / 25 / 87 a . There is a need for the proposed use in the proposed location on the grounds that the existing School of Communications facilities are inadequate for the needs of the School , and the proposed new site , at the center of the Ithaca College Campus , is an appropriate new building location . b . The existing and probable future character of the neighborhood will not be adversely affected on the grounds that the project will not represent a significant change in use from current campus land use patterns and is buffered from adjacent residential areas . c . The proposed change is in accordance with a comprehensive plan of development of the Town on the grounds that the project is consistent in concept with the general purpose of the zoning ordinance and that the design and type of building and use proposed warrant the granting of a height variance . d . The proposed installation of two roof -mounted satellite dish antennae will serve an educational purpose and will not significantly impact views on campus or in adjacent neighborhood areas . ` 2 . That the Planning Board report and hereby does report its approval of the site plan for the proposed facility , such site plan approval including the proposed installation of two roof -mounted satellite dish antennae , provided that the requested height variance and special approval are granted by the Zoning Board of Appeals , and further conditioned upon the final drainage plan being approved by the Town Engineer . 3 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that Special Approval for the proposed use be granted , and that a variance of Article IV , Section 11 , Paragraph 10 be granted for construction of the building as proposed , with the building height not to exceed 50 feet . Aye - May , Grigorov , Baker , Klein , Langhans , Kenerson , Lesser . Nay - None . CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * Nancy Me "Fuller , Secretary ! Town of Ithaca Planning Board . ' February 19 , 1987 . EXHIBIT # 10