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HomeMy WebLinkAboutZBA Minutes 1996-03-13 TOWN OF ITHACA ZONING BOARD OF APPEALS rl NOTICE OF PUBLIC HEARINGS WEDNESDAY , HARCH 13 , 1996 7 : 00 P . H . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, Harch 13 , 1996 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . H . , on the following matters : APPEAL of EcoVillage Cooperative , Appellant , Jerold Weisburd , Agent , requesting a variance from the requirements of Article IV , Section 11 , Paragraph 4 , to be allowed to maintain a public water supply pump house with a front yard building setback of 18 feet ( twenty- five foot setback required ) , on West Haven Road , Town of Ithaca Tax Parcel No . 28- 1-26 . 2 , Residence District R- 15 . APPEAL of J . H . Blakely , Appellant , requesting authorization from the Zoning Board of Appeals , under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to enlarge a non-conforming building on a non-conforming parcel of land at 332 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3- 5 , Residence District R- 15 . The enlargement consists of a room addition that will have an east side lot line building setback of 6 feet ( 15 foot setback required ) . Said lot has width of 78 feet ( 100 foot width required ) , a lot area of . 18 acres ( . 34 acres required ) and said building has a front yard building setback of 18 + feet ( 25 foot setback required ) . . APPEAL of Cornell University , Appellant , Scott Whitham , Agent , requesting a variance from the requirements of Article VI , Section 26 and 27 , to be permitted to convert multiple residence buildings to University related non- residential offices and maintenance services at Pleasant Grove Apartments , Buildings #1 , 2 , 12 , and 14 , Pleasant Grove Road , Town of Ithaca Tax Parcels No . 67 - 1 - 1 . 1 and - 3 . 2 , Multiple Residence zone . Said Ordinance permits only residential uses in said zone . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Building Inspector/ Zoning Enforcement Officer 273- 1783 Dated : March 4 , 1996 Publish : March 8 , 1996 • • TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I . Dani L . Holford , being duly sworn , depose and say that I am the Town of Ithaca Building and Zoning Department Secretary , Tompkins County , New York ; that the following Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper , The Ithaca Journal . Notice of Public Hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall , 126 East Seneca Street , Ithaca , New York on Wednesday, March 13 , 1996 , commencing at 7 : 00 P . M . , as per attached . • Location of Sign Board used for Posting : Bulletin Board Front Entrance of Town Hall . Date of Posting : March 4 , 1996 Date of Publication : March 8 , 1996 (Llorf 1A Dani L . Holford , Buildi g and Zoning Department Secretary , Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 8th day of March , 1996 . � f Nor Publijj g BETTY F. POOt, F NOTARY PUBLIC STATE OF NEW YORK # 4646 427 00�- AP = _AL of EcoVillage Coop erc •'ve , Appellcnt, Jerold Neisourd, Agent, requesting + arionco from the me j :remenls of Article IV, TOWN OF ITHACA % ecacn 11 , Porogrcoh 4 , to ZONING BOARD ce sllowed to maintain a OF APPEALS ouclic water supply pump NOTICE OF PUBLIC = _ se with a front yard HEARINGS ':v :cinq setback of 18 feet WED., MARCH 13, 1996 wenty-five foot setback re. 7:00 P.M. ; : : • eal • on West Haven By direction of the Chairman %ccc . Town of Ithaca Tax Par- of the Zoning Board of Ap• : el No . 28. 1 .26 . 20 Resi• peals NOTICE IS HEREBY ce^ :e District R• 15 . GIVEN that Public Hearings A.r = E.AL of J.M. Blakely, Ap- will be held by the Zoning ce : crit , requesting au. Board of Appeals of the Town 'rc •Izorion from the coning of Ithaca ' on Wednesday, 1cc -d cf Appeals, under Artl• March 13 1996, in Town _!e .0, Section 54 Town of Hall 126 feast Seneca Street, ncccc Zoning Ordinance, to IFIRh Floor, REAR Entrance, en crga a noncontorming WEST Side Ithaca N .Y. bu anon- conforming on a nononforming COMMENCING Af 7:06 ricrcel of land at 332 Forest P.M., on . the following mat. t� oTe Drive, Town of Ithaca Pers: ?crcel No. 66-3.5 , Resi- District R- 15 . The an- c •gement consists of a room _coition 'hat will have an ecsr side lot line building set- occ < ci 6 feet ( 15 foot set- : < -equiredl . Said lot has •Moth of 78 feet ( 100 foot .v c :n reauiredl , a lot area of : 8 acres (. 34 aces re. c : : rec( and said building has front yard building setback of i 8. teet (25 foci setback ecuiredl . Ar?EAL or Cornell University, Aooellont, Scott Whitham, • Agent, requesting a variance from the requirements of Arti- cle VI, Section 26 and 27, to ce cermitted to convert multi- ale residence buildings to � niversiry related non- residential offices and main. tenance services at Pleasant Grove Apartments, Buildings d 1 , 21 12 and 14, Pleasant Grove Road, Town of Ithaca Tcx Parcels No. 67. 1 . 1 . 1 and -3 . 2 , Multiple Residence zone. Said Ordinance per. mils only residential uses in said zone. Said Zoning Board of Ap• peals will at said time, 7:00 p. m., and said place, hear all oersons in support of such matters or objections thereto. Persons may appear by - aggent of in person . Individu• als with visual or hearing im• ' poirments or other special needs, as appropriate, wJIV be provided with assistance, i as necessary, upon request. Persons desiring assistance ' myst make such a request not . less than 48 hours prior to the , time of the public hearing. S. Bost, Building Inspector/ . Zoning Enforcement Officer, ' March 8, 1996 273. 1783 e • FINAL FILED TOWN OF ITHACA TOWN OF ITHACA ZONING BOARD OF APPEALS DateL, 1E1G(_ WEDNESDAY , MARCH 13 , 1996 Gier!c�Ac�: Ho� ca The following appeals were heard by the board on March 13 , 1996 : APPEAL of EcoVillage Cooperative , Appellant , Jerold Weisburd , Agent , requesting a variance from the requirements of Article IV , Section 11 , Paragraph 4 , to be allowed maintain a public water supply pump house with a front yard building setback of 18 feet ( twenty- five foot setback required ) , on West Haven Road , Town of Ithaca Tax Parcel No . 28 - 1 - 26 . 2 , Residence District R - 15 , GRANTED WITH CONDITIONS APPEAL of J . M . Blakely , Appellant , requesting authorization from the Zoning Board of Appeals , under Article %II , Section 54 of the Town of Ithaca Zoning Ordinance , to enlarge a non - conforming building on a non - conforming parcel of land at 332 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3 - 5 , Residence District R - 15 . The enlargement consists of a room addition that will have an east side • lot line building setback of 6 feet ( 15 foot setback required ) . Said lot has width of 78 feet ( 100 foot width required ) , a lot area of . 18 acres ( . 34 acres required ) and said building has a front yard building setback of 18 + feet ( 25 foot setback required ) . GRANTED WITH CONDITIONS APPEAL of Cornell University , Appellant , Scott Whitham , Agent , requesting a variance from the requirement of Article VI , Section 26 and 27 , to be permitted to convert multiple residence buildings to University related non - residential offices and maintenance services at Pleasant Grove Apartments , Buildings # 1 , 2 , 12 , and 14 , Pleasant Grove Road , Town of Ithaca Tax Parcel No . 67 - 1 - 1 . 1 and - 3 . 2 , Multiple Residence Zone . Said Ordinance permits only residential uses in said zone . GRANTED WITH CONDITIONS ACED TOWN of ITFINALFACA Date 1H G • Clerk 9)n o, N��n' �d TOWN OF ITHACA ZONING BOARD OF APPEALS 1 - - - MARCH 13 , 1996 PRESENT : Chairman David Stotz , Harry Ellsworth , Edward King , Pete Scala , Planner II JoAnn Cornish , Building Inspector / Zoning Enforcement Officer Andrew Frost , Town Attorney John C . Barney . OTHERS : Dana Smith , Karen Smith , Lois King , Mary Webber , Sarah Pines , Garcia Ostrander , Mark Morse , Michele Morse , Allan Lentini , Jim Pung , Monty Berman , Jared Jones , Liz Walker , Yvonne LaMontagne , Scott Whitman , Jean Geader , Bill Webber , Ray Gasser , Samson Frankel , Joan Bokaer , James Geerdin , Jay Jacobson , Susan WeLeig , Steven Gaarder , Karen Knedson , Dan Fox , Judy Green , Peter Hess , Bill Jacob . Chairman David Stotz called the meeting to order at 7 : 00 P . M . , stating that all posting , publication , and notification of public hearings had been completed and the same were in order . The first appeal to be heard by the board was as follows : APPEAL of EcoVillage Cooperative , Appellant , Jerold Weisburd , Agent , requesting a variance from the requirements of Article IV , Section 11 , Paragraph 4 , to be allowed maintain a public water supply pump • house with a front yard building setback of 18 feet ( twenty- five foot setback required ) , on West Haven Road , Town of Ithaca Tax Parcel No . 28 - 1 - 26 . 2 , Residence District R - 15 . Mr . Frost , Zoning Officer , reiterated why this case was before the board , stating the pump house was part of the approved site plan from the Planning Board . An oversight on the Town ' s part , overlooked Article IV , Section II Paragraph 4 requirements from building setbacks . Mr . Frost further stated there was a question as to whether or not this pump house was truly a substation as stated in the zoning ordinance , and therefore , truly regulated with building setbacks . Jerold Weisburd , House Craft Builders , Inc . in Ithaca , stated we are the designers and builders for EcoVillage in Ithaca . The developers are the EcoVillage Co - Housing Cooperative , Inc . This is a group of people who organizes themselves and who are funding and driving the whole project . Many of them are here this evening . Essentially , Andy Frost covered most of it , I believe . We did indicate the location of the building in the site plan that was approved by the Town last July . We got a permit , about two months ago , when we constructed the building . We found that it was difficult to maneuver the machinery that would be coming into the building so we decided to move it back and turn it sideways , so we can get at the building more easily . I did take some photographs if people would like to see them . Mr . Frost said he also had some photos to pass around . is Mr . Weisburd said he would like to remind the board of one more issue . Pump houses traditionally need to be near water mains . The idea •Town of Ithaca Zoning Board of Appeals 2 March 13 , 1996 is that pumps do not work efficiently if you have to suck the water up any great distance . It is for that reason that the engineers have located it as close as they had , and if it was pointed out at the time that we needed a variance , we would have asked the board for it at that time . I think I have covered most of it , unless anyone has any questions . Mr . King asked Mr . Weisburd why it was so tall . Mr . Weisburd said it was twelve feet . The pump itself is nine and a half feet tall , and it has to be put in with a large fork lift , so we needed the large barn doors . The building itself is 12 x 16 feet , which is somewhat smaller than a one car garage and probably less tall than a typical one car garage . Chairman Stotz asked Mr . Weisburd if the pump , in essence , provides pressure for EcoVillage . Mr . Weisburd said yes . The pipes goes up the hill for 3 , 000 feet where the neighborhood is located , and there is not enough water pressure in that main to have provided that . This will be a privately owned and maintained pump house to boost the pressure necessary for the neighborhood . Chairman Stotz asked Mr . Weisburd is there any plans for screening the pump house in any way . Mr . Weisburd said no , but there are quite a • few trees and bushes along the road . Chairman Stotz asked Mr . Weisburd if he is not going to put any landscaping or bushes on the roadside . Mr . Weisburd said we do not have any plans other than what was there . Mr . Ellsworth asked Mr . Weisburd if this was going to take care of your future needs , in other words as your community grows , are you going to add any additional pumps and expand this . Mr . Weisburd said well there is room for some expansion , but our engineers have told us that there really is not enough water in the main , and the condition of the water in the main in terms of pressure isn ' t there even to pump it . The idea is that the whole West Hill really needs to have it ' s water system improved , and this is something that would just serve the first neighborhood at this point . Mr . Ellsworth asked Mr . Weisburd if you are not anticipating expanding this . Mr . Weisburd said if they wanted to expand this in terms of getting more power , there is room for additional pumping in the building . There are no plans to expand the building . Mr . King asked Mr . Weisburd how close is the building to Mr . Hesson ' s house . Just north of the building . Mr . Weisburd said the side yard is 24 feet , that was on the plan that we submitted . You can see there is a 24 foot dimension there . His house is located just off the map . He showed • the board the location on the map . own of Ithaca oning Board of Appeals 3 March 13 , 1996 Mr . Scala asked Mr . Weisburd if Hesson ' s house is just to the west of this . Does he have any buildings in this area toward the road . Mr . Weisburd said no . Mark Morris , 161 West Haven Road , stated he lives directly across from the pump house . I have more questions than statements because I do not know a lot about the pump house except that it obviously far too close to the road . It seems to be a very nice looking and well constructed building , but it ' s very prominent . I certainly talk for myself , and I am not very happy it is that close to the road . It seems to be much larger than necessary . I am under the opinion that part of the pump is in the basement of the pump house . Mr . Weisburd said to Mr . Morris no , it is all above ground . Mr . Morris said it is also a pump house / storage and it was built a little bigger for a storage facility , which we are not sure what that storage purpose would be . And would like it to be considered to be moved back to it ' s proper place and in a smaller building with some sort of bushes or trees , something to hide the building . There is nothing along the road to hide the building . It is close enough to the Hesson ' s property that during the construction caused an awful lot of flooding in • their driveway , which basically converted their driveway into an ice rink , and they were unable to use their driveway much of the winter because of the run off from the construction . So we would like to ask the Planning Board to give some real consideration to this matter . Mr . King asked Mr . Morris to take a look at the photograph of the pump house , just beyond the building and look where the car is . Mr . Morris said yes that is the Hesson ' s driveway and now it is under new ownership . Mr . King asked Mr . Morris the automobile is parked in the Hesson ' s driveway . Mr . Morris said yes and the automobile can not make it up the driveway because of the water that flowed into the driveway from the construction of the pump house . Chairman Stotz told Mr . Morris this is not the Planning Board . This is the Zoning Board . Mr . Morris said right . Chairman Stotz said we jumped ahead a little bit there . We are still in the process of hearing from the people who are bringing this appeal . So I have not yet opened the public hearing on this issue , so I want to back track for a second and asked if there is any one else here who is speaking on behalf of the people who are bringing this appeal other than interested parties . • Town of Ithaca 41 oning Board of Appeals 4 arch 13 , 1996 Mary Webber , 424 East Seneca Street and a member of the community to be built at EcoVillage . We are in the process of getting the figures on our homes . To move the pump house , I think it be would be about a $ 10 , 000 expense for the community . Our only appeal is that for seven feet of difference to ask us to pay that kind of money , for a mistake we did not make , the mistake was made in the process , it ' s kind of punitive . Chairman Stotz said it is kind of hard to distinguish between interested parties because I assume you are all part of EcoVillage . We will open the hearing to the public . Sarah Pines , one of thirty families for EcoVillage , went up to look at the pump house . It is a beautiful structure . It is very solid . It ' s a tiny little structure , and it ' s not as big as a one car garage as stated . The property was to have 150 houses on it , so an old big house or two houses would have occupied that particular piece of property . All we are putting on it is a structure 12 x 16 feet , and in time , I presume , we will put bushes in front of it . For us to pay $ 10 , 000 to $ 20 , 000 to move it seven feet , is absolutely prohibitive because approximately 70 % of the people that are going into EcoVillage don ' t have that kind of disposable income . Every penny of disposable income has gone into creating the most attractive site , the most energy efficient site , so that we can model a sustainable lifestyle , and especially to preserve the best land for •agricultural use , trees , flowers , and other natural phenomena , and we took the very worst land which has increased our expenses by about $ 400 , 000 . In other words , we have paid $ 400 , 000 to be on the worst land possible , and we have no disposable income . Most of us are senior citizens or young and starting out . We don ' t have $ 800 to $ 2 , 000 to simply move something seven feet because we put into the most meaningful things , sustainable living , a beautiful creation of a not natural phenomena which is open to people . I ask you to consider us from an economic point of view from the model that we are proposing to offer to the world , and to the Town and City of Ithaca . Judy Green , member of EcoVillage , missed some of the earlier comments , but I came in to catch the tail end of the gentleman ' s comment about the ice . I am not sure about how big of factor it is in the discussion . My husband , Arthur Gold , and I did visit the house that did have the ice problem several days or during the build up of the ice , to see if we could figure out the source of the ice or help them out in some way . It was quite clear that the source of the ice was a general long standing run off pattern that had , from what we could tell , nothing or very little to do with the construction of the pump house . You could see quite clearly the run off coming off from the field into a long standing drainage pattern behind the house , thirty feet removed from the construction , flowing around behind the house coming to a drainage pattern where it was inadequate and was funneling water into the driveway . There is a slight chance some of the construction could have contributed to a glittle bit of the problem down by the driveway . I think 90 % of the problem had nothing to do with it . •Town of Ithaca Zoning Board of Appeals 5 March 13 , 1996 Jared Jones , 117 East York also an EcoVillage member , is concerned about the relative expense of moving or tearing down this pump house and moving it seven feet back at the cost of $ 10 , 000 to $ 201000 . The closest house , I believe , is approximately 50 to 100 feet from the pump house . I am wondering is that change of seven back from a structure 100 feet away going to make enough difference to cause us to pay an additional $ 15 , 000 to $ 20 , 000 , and the same applies to the people across the street . It does not seem to be quite fair . If we are to move it 150 feet , then it would make sense , but to move it seven feet does not seem fair . Peter Hess , 131 West Haven Road , did not realize when the pump house was being constructed that it was part of EcoVillage , but as it was going up I thought they were doing a nice job with the structure with nice siding and an attractive building for an utility building . I drive by there everyday , and asking people to move the building seven feet is not going to contribute to the aesthetics very much . I do not think it will effect the rental problem very much . I do not know how much the run off problem has been discussed in the case , but there has always been a run off problem in that driveway since I have been living on West Haven Road . Our driveway was washed out this past January in the flooding . I can not imagine that this little structure is going to have a sufficient effect on • that , and I am hoping as a neighbor of EcoVillage , we are going to have a positive effect by putting in a pond , road , housing , and some gardening may help soak up some of that run off on West Haven Road . I am not real optimistic that it would make a big difference because the enormous amount of water that comes off that 100 acres or so . As a neighbor , I do not find the building objectionable . Lois King , West Haven Road , delighted to have EcoVillage be my neighbor . I know the values that they spring from are the kind of values that I trust all of us find to be important in terms of considering the neighborhood , environment , and the fiscal part of the land . When I consider what might have been and could have been and almost was on that property with a hugh number of houses all facing the road , may be they would have been setback a few more feet than that little structure that looks like a small one car garage . When I consider the alternatives , it is a no issue . I do not know all the parts that you have to do for pumping up the water and how much that takes , etc . . . , but I trust that they made the decision to do it and they are operating from a consideration that they have taking from the beginning which was not only what was good for them , but what was good for the neighborhood . From the very beginning when they sought to buy the land , they were concerned enough to contact all of us as neighbors and to solicit our input to talk about moving driveways , entrance into the land that would less impact us on West Haven Road , and the structure is fine . Mr . Weisburd said the Town Highway Superintendent , Fred Noteboom , • came up to talk about the drainage on the adjacent property . He went over it and agreed pretty much with what you heard that the drainage is coming from behind the house and that the drainage along side the house has been Town of Ithaca Zoning Board of Appeals 6 arch 13 , 1996 filled in during the past few years . He asked us if we would cut a swale above the house when we are finished with the EcoVillage property , and I agreed to that . But his general opinion was that we had not contributed to this by building the pump house . Another clarification , there has never been any intention to store anything in the building , just the pump and related equipment . Just to remind the board , the location in question is one of only seven feet . It is not one , can we move it back 100 feet , the seven feet is the distance to make it fully comply if that is the issue . Chairman Stotz said the hearing is closed to the public . Any discussion from the board . Mr . Scala asked Mr . Frost to repeat again what was said at the beginning of the meeting with the respect on what we are calling it . Mr . Frost said the ordinance would require a substation as part of a utility to be a placed within the requirements of building setbacks . My discussion with the Town Attorney was not absolutely clear that this would qualify as a substation . I suppose one takes from the ordinance then if you have a structure that was necessary for maintenance and utility services , but that if it was not a substation or a simple structure , it may not be subject to any setbacks . Mr . King asked Mr . Frost if we have a definition in the ordinance of • a substation . Attorney Barney said no , but it is not limited to substations . It ' s substations or similar structures . Mr . King asked Attorney Barney what is similar to a substation . Attorney Barney said this might qualify as a similar structure . Any small building related to an utility building . Chairman Stotz asked Attorney Barney this if would be not be a setback . Attorney Barney said yes • this would be a setback for a more conservative approach . Mr . Scala said that the word substation does not appear on the map or in the appeals . Attorney Barney said no it ' s not , it is not maintained as a substation . The ordinance says any municipal or public utility purpose necessary to the maintenance of utility services permitted in the zone , except that substations and similar structures shall be located within the setback requirements of other buildings . The question is , is this structure similar to a substation . Mr . Scala asked Attorney Barney was this issued because you decided it was a substation . Attorney Barney said no , it was a structure similar to a substation . Mr . King asked Mr . Weisburd the height of the pump . Mr . Weisburd • said it is about nine feet , the machinery itself . Town of Ithaca Zoning Board of Appeals 7 arch 13 , 1996 Mr . King asked Mr . Weisburd is part of that machinery underground . Mr . Weisburd said no , there are pipes in a small basement space where the pipes go in and out of it , but then they go off into the main level where the pumps are situated . Chairman Stotz asked is there was any inexpensive way in which the pump house could be screened ? It seems to me the kind of structure that is somewhat incongruent with a residential neighborhood especially that close to the road . Can you think of any way you could put some bushes in front of it or screen it in some way to hide it from the neighbors and the view from the road ? Mr . Scala said there is a recommended procedure for landscaping the structure . It ' s on the books , it ' s not an ordinance , it ' s just a recommendation , but it ' s pretty well written out as to what you have to do with the structure . Attorney Barney said there are certain requirements related to commercial developments . Jay Jacobson , resident of EcoVillage and a member of the landscape committee , said we have a committee of people who are not only interested , but also have experience with vegetation . I can not obligate us to • anything at this time , but I can tell you that I will be very happy to present to the landscape committee the proposal that we plant bushes around this structure that will grow up to be approximately the same height of this structure , so this way it will screen the structure from the houses on West Haven Road . This would entail some expense , finish tape , and the landscape committee would have to approve this . I would make this suggestion to you . Chairman Stotz asked Ms . Cornish if there was an environmental impact statement on this . Ms . Cornish said no , but I did take a look at the pump house today , and I have to agree that moving the pump house back seven feet would in fact not mitigate , it is a large structure and is some what imposing on that site , but certainly moving it back seven feet will not have a hugh effect on the visual . MOTION By Mr . Pete Scala , seconded by Mr . Edward King : RESOLVED , that the board grant the variance for the request of the EcoVillage Cooperative , Inc . , with respect for the West Haven pump house Tax Parcel No . 28 - 1 - 26 . 2 , and that we allow it to remain and give it a variance of seven feet , with the following conditions : 1 ) That they would do something to put some landscaping up . 2 ) That there be no further construction or storage , other than pump related , • in that building . 3 ) The setback be no less than 17 feet . •Town of Ithaca Zoning Board of Appeals 8 March 13 , 1996 A vote on the motion resulted as follows : AYES - Stotz , King , Scala , Ellsworth . NAYS - None . The motion was carried unanimously . Mr . Frost asked would you want to have the proposed landscaping approved by the Town Planning Department ? Attorney Barney said that is not necessary in this case . If there was a house sitting back 50 feet from that road , somebody could build a garage which would resemble this structure or even larger garage putting it seven feet closer to the road . They have their desire to put landscaping in . The second appeal to be heard was the following : APPEAL of J . H . Blakely , Appellant , requesting authorization from the Zoning Board of Appeals , under Article %II , Section 54 of the Town of Ithaca Zoning Ordinance , to enlarge a non - conforming building on a non - conforming parcel of land at 332 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3 - 5 , Residence District R - 15 . The • enlargement consists of a room addition that will have an east side lot line building setback of 6 feet ( 15 foot setback required ) . Said lot has width of 78 feet ( 100 foot width required ) . a lot area of . 18 acres ( . 34 acres required ) and said building has a front yard building setback of 18 + feet ( 25 foot setback required ) . Jack Blakely , said this a request to extend a private dwelling . The area , as you well know , Forest Home is one area where it is very difficult to find a house that conforms to the proper zoning . Basically we would like to add an area which would allow some bedroom and kitchen space on the first floor of the house . The lot next door , 336 Forest Home Drive , Rebecca Proctor has mailed a letter in , and we have shown her the place and told her what we want to do . She has viewed what it is going to do to her view , which is actually nothing . It would improve her privacy because it will close off some of our yard from her view so we are not looking at each other . The only real problem is that it comes six feet of the lot line . The current structures consist of the current deck and stone porch come within ten feet of the lot line . I guess that does not count the stairway . We would be extending four feet beyond the lot line . The piece would be finished in the same design as the current house . We do not want to look like a garage stuck on the side of it , it will be very similar to the current finishing , which is cedar shingling . Mr . Scala asked Mr . Blakely would you see much of the addition from the front of the street . Mr . Blakely said from the street , basically no . People talk about the stone houses on Forest Home Drive , and this is one • of them . There is no intention to change any of the stoneware . Town of Ithaca �Loning Board of Appeals 9 March 13 , 1996 Mr . Frost asked Mr . Blakely on layout # 1 you show a porch running along the east side of the building to what would be the entry , perhaps with the snow , is that something you are going to build new . Mr . Blakely said it does exist . On the photographs , xerox ones , the porch is where the stairways comes down . That ' s the original side entrance to the house . Chairman Stotz asked Mr . Blakely if he is going to move part of the deck . Mr . Blakely said yes , part of the deck will go . Chairman Stotz stated Mr . Blakely you will still have a portion of the deck remaining . Mr . Blakely said yes , the deck will extend the other way which it does not extend to far to the lot line . It will extend to the west . Mr . Frost stated to Mr . Blakely in questioning the porch , the vision of the porch having a roof , it actually looks like a patio . Mr . Blakely said the pictures show the roof only the door way . Mr . Scala asked Mr . Blakely you have added once before to the back of the house . Will this be a one floor house . Mr . Blakely said yes , this will basically continue the roof line . • Chairman Stotz asked Mr . Blakely what would be inside this addition . Mr . Blakely said part of this would join with the current kitchen , then the rest of room would be set up as a bedroom , but be convertible for room . Eventually , the idea is to have a bedroom area on the ground floor of the house which already has a bathroom . Mr . King asked Mr . Blakely how many bedrooms are in the house now . Mr . Blakely said there are two bedrooms upstairs and a small computer room upstairs . Chairman Stotz asked Mr . Blakely if there would be an outside entrance this addition . Mr . Blakely said yes , there will be an exit onto the outside deck . If you look at the second sketching there is an entrance indicated here on the layout . Mr . King asked Mr . Blakely there will be a door exiting to the west onto the deck , but will there be an entrance on the east side . Mr . Blakely said no , but a window . Mr . Frost said to Mr . Blakely that this area is within a flood zone , and having participated with the building permit issued to the last house on the road where you live , we did determine that flood evaluation was fairly close to the ground level area since the creek does slightly drop off . Just wanted to state that once should this be approved , you will be going through a building permit process , and there will be some flood • evaluation certificates you will have to file with my office . I do not anticipate that you will have any major affect as to your proposed plan you have before us . 0Town of Ithaca Zoning Board of Appeals 10 March 13 , 1996 Mr . King asked Mr . Blakely if this would be an one story addition . Mr . Blakely said yes , this would continue the roof line of the current one story section on the house . Chairman Stotz opened the public hearing . With no one present to speak , public hearing was closed . ENVIRONMENTAL ASSESSMENT Chairman Stotz said the staff recommendation is a negative determination of environmental significance . Anything the Planning Department would like to add . Ms . Cornish said I did visit the site and it ' s very characteristic of whole sites in Forest Home , it ' s a narrow lot and very built up , and any more building on the east side would certainly be pushing it . You are in fact so close to the creek , I would hope that in the construction phase you would be very careful not to get any sediment or erosion into the creek . Chairman Stotz asked Ms . Cornish when you look at it from the road the scale where the houses are situated giving the large side lot of the house next door , it does not seem crowded in . Ms . Cornish said yes . Mr . . King asked Ms . Cornish there would be something like thirty - six feet between the buildings . Ms . Cornish said yes . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala : RESOLVED , the board make a negative determination of environmental significance for the property at 332 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3 - 5 , for the one story room addition shown in our packet within six feet of the east lot line . A vote on the motion resulted as follows : AYES - Stotz , King , Scala , Ellsworth . NAYS - None . The motion was carried unanimously . Chairman Stotz asked Mr . Blakely if there was any further discussion on this appeal . Attorney Barney asked how accurate is the 6 foot to the lot line , . have you had that line surveyed . Mr . Blakely said the exact distance from the current house to the boundary line is 22 feet , but with the addition Town of Ithaca Zoning Board of Appeals 11 0 arch 13 , 1996 at the moment is 6 inches more to the boundary . The intention was to measure six feet from the lot line . Attorney Barney asked Mr . Blakely if he is going to stake it out in such a way that the building is within the lot line . Chairman Stotz said that if it says you have an east side lot line building setback of six feet , that ' s what it has to be . If it is five and a half feet later on , then there ' s a problem . Mr . Blakely said there is a question of the definition of the overhang . Mr . Frost said overhangs can project up to 2 feet . Mr . King asked where is the measurement made from , the finished outside wall ? Attorney Barney said no , unless you have a 3 foot overhanging projection from the wall . Mr . Frost told Mr . Blakely that we have the survey map you submitted , it ' s a 130 scale , I do not know whether the original survey was this size , but the scale is probably pretty accurate on the copy . This survey was done in 1981 . Mr . Blakely and I have discussed getting architectural plans for this meeting , but I advised him that this was not necessary at this point . • Chairman Stotz asked Mr . Blakely that the exterior will be the same kind of siding on the house now . Mr . Blakely said yes . MOTION By Mr . Pete Scala , seconded by Mr . Harry Ellsworth : RESOLVED , that the board grant the appeal to J . M . Blakely of 332 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3 - 5 , to permit a 6 foot distance from the lot line to the eastern side of the proposed addition and that it be limited to an over hang not exceeding 2 feet in accordance with the sketch provided on Layout # 2 . A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . The last appeal to be heard was as follow : APPEAL of Cornell university , Appellant , Scott Whitham , Agent , requesting a variance from the requirements of Article VI , Section 26 and 27 , to be permitted to convert multiple residence buildings to • University related non - residential offices and maintenance services own of Ithaca oning Board of Appeals 12 March 13 , 1996 at Pleasant Grove Apartments , Buildings # 1 , 2 , 12 , and 14 , Pleasant Grove Road , Town of Ithaca Tax Parcel No . 67 - 1 - 1 . 1 and - 3 . 2 , Hultiple Residence Zone . Said Ordinance permits only residential uses in said zone . Mr . Frost said this project has had a benefit of a preliminary site plan approval by the Planning Board , depending on our action . It will go back to the Planning Board for final site plan . Chairman Stotz asked the public for any one to speak upon this appeal . Scott Whitham , Cornell University , as Mr . Frost has said we have been through sketch plan with the Planning Board and then preliminary approval . Our proposal is to take Pleasant Grove Apartment Buildings Numbers 1 , 2 , and 12 , while work is going on in Tjaden Hall for planning students to move into for temporary offices while construction is going on . Then at the same time building 14 is to be turned into a permanent satellite maintenance facility for the area residential units . The only proposed site work is currently parking , and we are proposing to move back parking from the gorge edge and to put in railroad ties and plantings to stabilize that . Mr . King asked Mr . Whitham if the parking will be at the south end of the building 14 . Mr . Whitham said south end of the area . Mr . King asked Mr . Whitham is there a gorge between the Observatory and the proposed buildings . Mr . Whitham said nothing between the buildings and the Observatory , but to the east . The only site we are proposing is to stabilize the parking area and to provide planting , and screening on the building 14 ' s west side to separate the residential units and the satellite maintenance services . Mr . King asked Mr . Whitham is there any construction to be done on these buildings in any way . Mr . Whitham said that the building foot print will not change . The two major proposals we are proposing are the planting and the state of the parking area . Ms . Cornish asked Mr . Whitham the exterior of the buildings will still be in characteristic to the other buildings , but you are not proposing any changes . Mr . Whitham said yes . After the work at Tjaden Hall is done , these residential units will convert back to apartments , except for building 14 which will be the satellite maintenance services . Mr . Scala asked Mr . Whitham what is the rationale for putting the trees away from the road . Mr . Whitham said these areas are going to remain residential , so the idea of putting some kind of screening , and • since this is going to have a different function , the Planning Board felt that some sort of visual screening would be needed . own of Ithaca oning Board of Appeals 13 March 13 , 1996 Ms . Cornish said the Planning Board was concerned with maintenance activity going on and children playing in the area and we thought this might be a good idea to keep the two separated . Mr . Whitham said there should not be any maintenance activities going on outside , but you never know . Mr . Scala asked Mr . Whitham usually you see the plantings towards the road , not the back side of the house . Ms . Cornish said the road is a driveway and it faces on the gorge . Mr . Whitham said the reasoning for choosing Building 14 was that it was separate from the rest of the other residential units . Mr . Scala asked Mr . Whitham is there any other added utilities going to go in there for maintenance . Bill Szabo , current foreman of the maintenance shop , said our initial proposal is to keep the building exterior the same , make some of the rooms larger , upgrade the electric for our saws and planers . It is not a shop much larger than a regular handyman ' s shop . We are a small emergency based unit that maintains satellite facilities . There is not going to be a lot of interior work . OThe Planning Board suggested that we enter through the end of the building to keep our activities to a minimum around the facility area . Chairman Stotz asked Mr . Szabo will there be air conditioning in the building while you are using power saws and equipment in there . Mr . Szabo said no air conditioner . We do not work in there all day . Somebody may repair a dresser drawer , they may make a table top . our function mainly is to work out on campus . We do not spend an extensive amount of time inside the building . Chairman Stotz asked Mr . Szabo if there are people working inside and there is noise , how does that impact the other residential buildings . Will they be hearing saws and hammering all day . Mr . Whitham said they would be some distance away . Mr . Scala asked Mr . Whitham there would not be much in there because you said are not putting any new utilities in . Mr . Whitham said basically this would be a place where the workmen come in the morning to pick up any tickets , tools , or whatever materials they may need to do the work on campus . Chairman Stotz asked Mr . Szabo would there be any storage in this building . Mr . Szabo said there would be minimal storage . May be some locks , lock sets , couple sheets of plywood , couple sheet of sheetrock , couple doors , things we would need on an emergency basis . 0 Town of Ithaca Zoning Board of Appeals 14 March 13 , 1996 Chairman Stotz asked Mr . Szabo if it would be used for any material staging area for projects . Mr . Szabo said no . If we did any project of substantial nature , which we rarely do , we have the materials delivered to the site . Mr . Whitham said they have agreed to , by suggestion of the Planning Board , that we would not store any materials outside of the building . Mr . King asked Mr . Whitham how does buildings 1 , 2 , and 12 fit into the maintenance aspect . Mr . Whitham said they are separate issues . Building 14 would be the satellite maintenance shed , and 1 , 2 , and 12 buildings will be temporary offices for regional planning students . Mr . King asked Mr . Whitham what kind of activities would be going on at the student ' s offices . Allan Lentini , Space Finding Management at Cornell University , basically they will have desks in their offices and the activity for most students would be at their computers . Chairman Stotz asked Mr . Lentini would the students be parking in the area too . Mr . Lentini said they do not get any parking at Sibley and Tjaden Hall now , and we are not offering any parking in this area as well . Mr . King asked Mr . Lentini these buildings will no longer be residential buildings . Mr . Lentini said these buildings will no longer be residential buildings for a period of , we think the construction project would take approximately 18 months . We are giving ourselves a little longer time just to make sure the job is finished before we can move people back in . Mr . King asked Mr . Lentini where would they be moved back to . Mr . Lentini said back to Sibley and Tjaden Hall , Then 1 , 2 , and 12 would revert back to residential units . Chairman Stotz asked Mr . Lentini so would modifications be taking place or are you just going to be using the apartments as is . Mr . Lentini said they do not plan any modifications . We are not planning to knock any walls down either . We are just planning on putting desks and computers in . Chairman Stotz asked Mr . Lentini would there be a student lounge . Mr . Lentini said no , but there might be one apartment for a pin up space where a student member can pin up his work , so a faculty member can look at it . Chairman Stotz asked Mr . Lentini these computers would not be occupied during sleeping hours , unless you have an over ambitious student . Mr . Lentini said no . My experience in the past is they are rarely • occupied during those hours . Town of Ithaca Zoning Board of Appeals 15 arch 13 , 1996 Chairman Stotz opened the public hearing . With no one present to speak , the public hearing was closed . ENVIRONMENTAL ASSESSMENT Chairman Stotz said there does not appear to be anything out of the ordinary , except for the issue of the increase in traffic of 20 - 30 vehicles per day entering and exiting . Chairman Stotz asked Ms . Cornish to briefly address this issue of any concerns . Ms . Cornish said some questions have been answered since some of these concerns were originally brought up . Indeed one of them was the traffic in and out of the residential area and the effect it would have on the people living there , but since the drive is removed from the residences . I did not do this environmental assessment , although I was involved in the original site plan which was brought in front of the environmental review committee since I am staff support , and one of the concerns was the traffic in the residential area . As I understand , correct me if I am wrong , morning and afternoon is when traffic would be the peak times because that will be when the workers will be coming into collect work tickets and leaving . We do not think the 20 - 30 vehicles was going to substantially impact the area . There was some concerns about the traffic going through Forest Home Drive , but it is mostly going through North Campus , that is the intent where this satellite facility will be erving . Chairman Stotz asked Ms . Cornish about questions on site lines on the road . Ms . Cornish said George did go out and measure it according to the ASHTO guidelines , and found that pulling out the sight distances were adequate . I was at Forest Home Drive today and did go up to Pleasant Grove Apartments , and I did find though , turning left into Pleasant Grove coming from Forest Home was a little frightening because there was no indication of what ' s coming at you over that hill , but then pulling out the sight distance was certainly adequate . Again , I am guessing most of the traffic will be coming from the other direction . Chairman Stotz asked Ms . Cornish if there was any warning signs along the road that there is an entrance . Ms . Cornish said she did not think so . No , in fact , I was a little confused going up the hill as to where that was , although I have been there before and knew there was a left hand turn up ahead . Mr . King asked Mr . Whitham are you aware of any accidents out there in that particular area . Mr . Whitham said we haven ' t researched it with life safety and with local police . None that we know of . Our concerns were ASHTO standards . Ms . Cornish said they were meet . George went out and also measured because the County also brought this up as a concern of theirs and they � elt the site distance was adequate . own of Ithaca oning Board of Appeals 16 March 13 , 1996 Chairman Stotz asked since there would be some increase in traffic , turning in and out of those buildings , should there be merit to some warning signs . Mr . King said as he drives the road at least once a week , he has never seen any problems , and people are aware of the housing , but they ' re further up the street . Ms . Cornish said that this is about the only spot where your vision is a little blocked , but I am not sure there isn ' t a caution turn sign already there . I think this general layout of the area you are a little cautious because of just coming over one lane bridges and narrow roads , but in fact , may be they should look to see if there is a proper warning sign . I am not sure of the proper procedures . Mr . Frost said if the board considers approving this , maybe we should put this in the condition for the Planning Board in the final site plan . Mr . King asked if this was going back to the Planning Board , Mr . Frost said yes . Chairman Stotz said I do not know if you want to make a personal condition considering an installation of a caution sign . I am not sure it of is a County road . Mr . Whitham said he will look into this . MOTION By Mr . Harry Ellsworth , seconded by Mr . Edward King : RESOLVED , that the board make a negative determination of environmental significance for the Pleasant Grove appeal by Cornell University for Pleasant Grove Apartment buildings 1 , 21 12 , and 14 Tax Parcels No . 67 - 1 - 1 . 1 and - 3 . 2 , for temporary non - residential offices and satellite maintenance services building . A vote on the motion resulted as follows : AYES - Stotz , Scala , King , Ellsworth . NAYS - None This motion was carried unanimously . Chairman Stotz asked if there was any questions , discussion , or comments on the appeal . Any one want to make a motion . MOTION • By Mr . Pete Scala , seconded by Mr . Harry Ellsworth : • Town of Ithaca Zoning Board of Appeals 17 March 13 , 1996 RESOLVED , that this board grant the variance to Scott Whitham , Agent , for Cornell University , with respect to Pleasant Grove Apartments maintenance service and non - residential offices . Construction work to be carried out there on Tax Parcels No . 67 - 1 - 1 . 1 and - 3 . 2 , and that we allow the variance to convert the buildings 1 , 2 , and 12 into non - residential offices and building 14 into a maintenance service , wherein there would be no added utilities , parking is provided for , plantings on the back side of the building , and there would be some paying attention needed to the caution or stop signs to the entrance of building 14 , with the following conditions : 1 ) The board makes a recommendation to the Planning Board that they look into the issue of signage on the appropriate side of the road to warn on - coming cars for the turns into the entrance . 2 ) That this be subject to the same conditions as proposed by the Planning Board on March 5 , 1996 . 3 ) That the non - residential units be converted back to residential units by January 1 , 1999 . Mr . King asked Mr . Whitham if this is enough time . Mr . Whitham said that ' s what they agreed with the Planning Board . A vote on the motion resulted as follows : • AYES - Stotz , King , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . Chairman Stotz adjourned the meeting at 8 : 30 P . M . . Deborah A . Kelley Keyboard Specialist , Minutes Recorder D vid tot h i man •