The URL can be used to link to this page

Home My WebLink AboutZBA Minutes 1991-01-23 FILM TOWN OF ITHACX Date S9qll -TOWN OF ITHACA Clerk ZONING BOARD OF APPEALS JANUARY 23 , 1991 THE FOLLOWING ARE THE MATTERS THAT WERE HEARD ON JANUARY 23 , 1991 BY THE BOARD . APPEAL OF HOYT D . BENJAMIN , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE XIII , SECTION 65 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO MAINTAIN A FENCE WITH A HEIGHT , AT SECTIONS , OF 81 , AT 1013 TAUGHANNOCK BOULEVARD , -TOWN OF ITHACA TAX PARCEL NO . 6 - 21 - 2 - 22 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE PERMITS A FENCE HEIGHT OF NO MORE THAN 6 FEET . ADJOURNED TO FEBRUARY 13 , 1991 APPEAL OF SCOTT AND SUE HAMILTON , OWNERS , GENE SLATER , CAYUGA SIGNS INC . , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF. SECTION 5 . 03 - 1 OF THE TOWN OF ITHACA SIGN LAW TO PERMIT A FREE —STANDING SIGN OF 80 SQUARE FEET ( PLUS OR MINUS ) , AT THE JUDD FALLS PLAZA , 12 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 62 - 1 - 3 . 2 , BUSINESS DISTRICT C . SAID SIGN LAW PERMITS FREE —STANDING SIGNS OF NO MORE THAN 50 SQUARE FEET IN A BUSINESS DISTRICT . ® GRANTED WITH ONE CONDITION • FILA) TOWN OF. ITHACA Date dM Town of Ithaca Clerk 1 Zoning Board of Appeals January 23 , 1991 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 23 , 1991 PRESENT . Chairman Edward Austen , Joan Reuning , Edward King , Robert Hines . OTHERS PRESENT . Craig Christopher , Scott Hamilton , Phil Zarriello , Cyndi Brown , Hoyt Benjamin , Gene Slater . Chairman Austen opened the meeting at 7 : 05 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . The first Appeal on the Agenda was the following : APPEAL OF HOYT D . BENJAMIN , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF ARTICLE XIII , SECTION 65 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO MAINTAIN ®; A FENCE WITH A HEIGHT , AT SECTIONS , OF 81 , AT 1013 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX PARCEL NO . 6 - 21 - 2 - 22 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE PERMITS A FENCE HEIGHT OF NO MORE THAN 6 FEET . Mr . Hoyt Benjamin appeared before the Board and explained the need for the fence that he was requesting a variance for . He said that 80 % of the fence is only 6 feet high but there are areas of it that are not within the permitted height . Mr . Benjamin stated that if the fence beside his terrace had to be lowered he would have to look at the junkyard and that is what he objects to . Mr . Benjamin stated that when he built the fence he built it to be substantially in compliance with the 6 foot height limitation but he did not go along and measure every inch of the fence . He said that the fence has been up for a couple of years and he does not know why anyone would bother to complain about a fence after it has been up for that length of time . Mr . Benjamin referred to a photo showing what he sees from his deck . He said that his house is seven feet from that property line and Mr . Zarriello ' s house is fifty some feet and it makes a substantial difference on Mr . Benjamin ' s property , on his terrace , on his decks , how high that fence is , but , with Mr . • Zarriello ' s house being fifty feet away , and with the angle of the fence , it means nothing to Mr . Zarriello . Chairman Austen opened the public hearing . Town of Ithaca 2 Zoning Board of Appeals January 23 , 1991 Mr . Phil Zarriello addressed the Board . He said that he filed the complaint because he finds the fence unattractive and it blocks light and air circulation so that the patio that hethas on that side of his house remains dim most of the time . Mr . Zarriello stated that Mr . Benjamin came before the ZBA several years ago and asked for a variance to put on an addition and Mr . Zarriello spoke in favor of that addition at that time but he was not shown a raised patio which is probably why Mr . Benjamin constructed the fence as high as he did . He stated that he does not think Mr . Benjamin is trying to conform to the Code at all . Discussion followed on the floor regarding how the fence was built . Chairman Austen closed the public hearing . Mr . King stated that he would like to have to opportunity to go to the property in question to see what the fence actually looks like in regard to height , etc . ® MOTION By Mr . Edward King , seconded by Mr . Robert Hines . RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn the Appeal of Hoyt D . Benjamin for a variance of the requirements of Article XIII , Section 65 , of the Town of Ithaca Zoning Ordinance , to maintain a fence with a height , at sections , of 81 , at 1013 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 6 - 21 - 2 - 22 , Residence District R- 15 , so that Board members may visit the property to view the fence in question and so that Mr . Benjamin and Mr . Zarriello may have time to reconciliate their differences , and be it further RESOLVED , that the matter of Mr . Benjamin ' s Appeal will be heard at the next meeting of the Zoning Board of Appeals to be held on February 13 , 1991 . The voting on the motion to Adjourn resulted as follows . Ayes - King , Hines , Austen , Reuning . Nays - None . The motion was carried unanimously . Town of Ithaca 3 Zoning Board of Appeals January 23 , 1991 The next Appeal on the Agenda was the following : APPEAL OF SCOTT AND SUE HAMILTON , OWNERS , GENE SLATER , CAYUGA SIGNS INC . , APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF SECTION 5 . 03 - 1 OF THE TOWN OF ITHACA SIGN LAW TO PERMIT A FREE -STANDING SIGN OF 97 SQUARE FEET ( PLUS OR MINUS ) AT THE JUDD FALLS PLAZA , 12 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NOs, 6 - 62 - 1 - 3 . 2 , BUSINESS DISTRICT C . SAID SIGN LAW PERMITS FREE-STANDING SIGNS OF NO MORE THAN 50 SQUARE FEET IN A BUSINESS DISTRICT . Mr . Scott Hamilton , Mr . Gene Slater and Mr . Craig Christopher appeared before the Board . Mr . Hamilton referred to a colored diagram of the proposed sign . He stated that he thinks the square footage that the Board is using as denominator , in his opinion , is in excess of what is being requested . He explained the footage of the proposed sign . Mr . Hamilton stated that they could physically cut a foot of the sign off and they would be within the 50 square foot limit . He said that it is the roof , which is strictly cosmetic to make the sign look better , which puts the sign over the limit for signs . Town Attorney Barney noted that the presentation before the Zoning Board tonight is somewhat smaller than what was presented to the Planning Board on January 15 , 1991 . A copy of the adopted resolution from the Planning Board is attached hereto as Exhibit # l . Chairman Austen read a letter from James T . Kazda , P . E . , Sr . Civil Engineer , Tompkins County Engineering Office , dated January 22 , 1991 , attached hereto as Exhibit # 2 , and a letter from Mr . Richard B . Fischer , 135 Pine Tree Road , dated January 16 , 1991 , attached hereto as Exhibit # 3 . Mr . Hamilton stated that his position is that they can reduce the size of the sign and comply with the Sign Law but they are trying to design something which is a cosmetic Y g improvement for the community and which is much more pleasing to the eye . He said that it will be strictly a directory sign for the businesses in the plaza . Discussion followed regarding the size of the proposed sign and how the size could be cut down to conform with the Sign Law . • Chairman Austen opened the public hearing . No one appeared to address the Board . Town of Ithaca 4 Zoning Board of Appeals January 23 , 1991 Chairman Austen closed the public hearing . Environmental Assessment By Mrs . Joan Reuning ; seconded by Mr . Robert Hines : RESOLVED , that , in the matter of the Appeal of Scott and Sue Hamilton requesting a variance of the requirements of Section 5 . 03 - 1 of the Town of Ithaca Sign Law to permit a free - standing sign of 97 square feet ( plus or minus ) at the Judd Falls Plaza , 12 Judd Falls Road , Town of Ithaca Tax Parcel No . 6 - 62 - 1 - 3 . 2 , Business District C , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . The vote was as follows : Ayes - Reuning , Hines , King , Austen . Nays - None . The motion was carried unanimously . ® MOTION By Mr . Robert Hines ; seconded by Mr . Edward King . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Section 5 . 03 - 1 of the Town of Ithaca Sign Law to permit a free - standing sign of 97 square feet ( plus or minus ) at the Judd Falls Plaza , 12 Judd Falls Road , Town of Ithaca Tax Parcel No . 6 - 62 - 1 - 3 . 2 , with the following findings and condition : 19 that the sign shall be erected on the property in compliance with the plan as submitted , with the indication that the sign shall be 91 square feet as opposed to the 97 square foot sign as was before the Planning Board . 2o that the proposed signage is in a commercial area , zoned for commercial purposes , and that the facility for whose benefit the sign is to be erected is a plaza serving the general public with eight commercial establishments . 3e that the area in which the plaza is located and hence the sign is located , is the site of an even larger • plaza and commercial establishments with few residential structures located nearby . 4 . that Judd Falls Road is a heavily travelled road . Town of Ithaca 5 Zoning Board of Appeals January 23 , 1991 5e that the travelling public would be served by such a sign . 69 that the addition of the roof structure adds aesthetically to the attractiveness of the general area . 7oo that a large sign of this type is generally more conducive to traffic safety because people can more readily locate the business that they are looking for as they travel the road . 800 that if the permit is granted to the applicant , it is with the understanding that the Highway Department , in the future , may require its total or partial removal or moving and that the Zoning Board of Appeals approval of the request is not a license to continue without the consent of the Highway Department . 90 that no one appeared before the Board in opposition to • the proposed sign , although there was one letter in opposition . 10 * that the proposed placement of this sign would put it considerably north of the East Hill Plaza sign so the two would not be close to each other . 11e that the Board recognizes that the base may not be brick as shown on the drawing but may be a railroad tie or some other base . A vote on the motion resulted as follows . Ayes - Hines , King , Reuning , Austen . Nays - None . The motion was carried unanimously . Town of Ithaca 6 Zoning Board of Appeals January 23 , 1991 Correction of Expiration Date in Re Reappointment of Joan G . Reuning Zoning Board of Appeals Recommendation to Town Board . By Mr . Edward Austen ; seconded by Mr . Robert Hines . RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that its Resolution of November 14 , 1990 recommending to the Town Board the reappointment of Mrs . Joan G . Reuning to said Board of Appeals for a five -year term commencing January 1 , 1991 , be and hereby is corrected only to the extent that the date of the expiration of said five -year term read December 31 , 1995 . A vote on the motion resulted as follows . Ayes - Austen , Hines , King , Reuning . Nays - None . The motion was carried unanimously . ® Adiournment The meeting adjourned at 8 : 37 p . m . ga Connie J .v Holcomb Recording Secretary APPROVED BY : i Edward Austen , Chairman Proposed Sign - - Judd Falls Plaza - 2 - 12 Judd Falls Road Recommendation to Zoning Board of Appeals Sign Review Board ( Planning Board ) , January 15 , 1991 ADOPTED RESOLUTION : Proposed Sign - Judd Falls Plaza 12 Judd Falls Road Recommendation to Zoning Board of Appeals Sign Review Board ( Planning Board ) January 15 , 1991 MOTION by Dr . William Lesser , seconded by Mr . Stephen Smith : WHEREAS : 1 . This action is the consideration of a recommendation to the Zoning Board of Appeals in re a request for variance of Section 5 . 03 - 1 of the Town off Ithaca Sign Law to permit an increase in the area of the proposed sign panel from the maximum allowed 50 square feet to approximately 97 square feet at Judd Falls Plaza , 12 Judd Falls Road , Town of Ithaca Tax Parcel No . 6 - 62 - 1 - 3 . 2 , Business District " C " . 2 . The Planning Board , acting as the Town of Ithaca Sign Review Board , has , on January 15 , 1991 , reviewed application submissions including a Short Environmental Assessment Form and Review , an ® application for appeal to the Zoning Board of Appeals , an elevation of the proposed sign , a location map , and other submission materials . 3 . The proposed sign , as shown on the elevation drawing submitted by Cayuga Signs Inc . , consists of sign panels with an overall area of 72 ± sq . ft . and a shingled canopy with an overall area of 25 ± sq . ft . , for a total sign panel area of 97 ± sq . ft . 4 . The Sign Review Board , under Section 9 . 03 - 2 of the Town of Ithaca Sign Law , has the discretionary power to vary any maximum numerical limitation in said Law by 25 per cent , provided such variation does not detract from the purposes of said Law . 5 . The Acting Town Planner has recommended that a negative determination of environmental significance be made for this proposed action . 6 . The Planning Board , acting as the Town of Ithaca Sign Review Board , has , on January 15 , 1991 , - recommended to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action . THEREFORE , IT IS RESOLVED : That the Planning Board , acting as the Town of Ithaca Sign Review Board , recommend and hereby does recommend to the Zoning Board of Appeals that the request for variance of Section 5 . 03 - 1 of the Town of EXHIBIT # 1 is Proposed Sign - - Judd Falls Plaza - 3 - 12 Judd Falls Road Recommendation to Zoning Board of Appeals Sign Review Board ( Planning Board ) , January 15 , 1991 Ithaca Sign Law to permit an increase in the area of the proposed sign panel from the maximum allowed 50 square feet to approximately 97 square feet at Judd Falls Plaza , 12 Judd Falls Road , Town of Ithaca Tax Parcel No . 6 - 62 - 1 - 3 . 2 , Business District " C " , as shown on the drawings submitted to the Planning Board by Cayuga Signs Inc . and reviewed by said Board on January 15 , 1991 , be denied . Aye - Grigorov , Langhans , Lesser , Smith , Hoffmann , Aronson . Nay - Kenerson . CARRIED . * * * * * * * * * * * * * * * * * * * * * Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . January 16 , 1991 . EXHIBIT # 1 • i ^n.�+e�v " .�^� • r � .i .' r` a ^4i[}S'�S�Y+� "'1 '_'}"-��. irh/Y+"++iwt,. . .v.M.it'..h,..�,• +-p-:-�.+—.• vnM^+.Jy ra ) :T.".�'J'y !"iC.':t . _'i^l'.r. t - ». M2Y "Y"`,•, '; _ 7 , {� , Y„r „ �,1 C, �/h ,h'�� c; . ��ry r Fy c4'h , i- �_�g r d . , t c, 5.•1 l ?'�S!'.i�' +�y•,�w ��'i , ` •r' wr '�•.� . t ' -r, ti� ti ' 1 try •� r . •f.k ;"r� 4 �. �I1 e �sw.Y{t r- i t.. �� ' ti '!� • ", Tn,ts�YFifl � ,....}ly �A0:Ar > 1 I S I ' "'<"' k i, I , ', � Y hr . .a { ,: y rr" ' "� t '" ” . ,. , .� '" j . ,A4�.�,.'4 e exr �° a rr F Y.. - - - >• r -. • , , � ; . ; . ,. . ,, _ :. t , u . � , r, , . . - ; , 'Divi . . of Public UV r A sion o ks •k •e '4r • rp�dd >4 ♦ - 'mow . t' . .:. .. TOMPKI � ,; INEERING �+ j • a r 't' , Ilk 4 ,� A William J . ,Mobbs * James T. Kazda, P . E . Commissioner of Public Works - Sr. Civil Engineer January 22 , 1991 Mr . . Andrew S . , Frost Zoning Enforcement Officer Town of Ithaca 126 E . Seneca Street Ithaca , NY 14850 Re : Sign Variance Request 12 Judd Falls Road Tax Parcel 6 - 62 - 1 - 3 . 2 Dear Andy : The Tompkins County Department of Public works has an approved project for 1991 to design the widening of Judd Falls Road at the Judd Fall Plaza . At this time , we are. not sure if the widening will require . work outside the currently established highway right - of - way . . It is our understanding that the proposed location of the sign at 12 Judd Falls Road is the edge of the current highway right - of - way . Please communicate our widening plans to the Appellant so that they .may have an opportunity to rethink the sign Location : . ; Sincer-ely., - ` Jam T Kaz P . E Sr . Civi in er JTK / ssh XC ; .': CR120 H2501 EXHIBIT # 2 Bostwick Road , Ithaca, NY 14850 607 - 273-4262 FAX 607 - 272-8489 t. J Recycled paper RIch"D 6o f1bol m" . • 136 PINE TREE R0. V1 ITHACA;INY '14860 CA , Q •� - 14- � o ILI -j rCMLr go EXHIBIT # 3 t y