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HomeMy WebLinkAboutZBA Minutes 1997-07-09 } FINAL maw 08% TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, JULY 9, 1997 The following appeals were heard by the Zoning Board of Appeals on July 9 , 1997 : APPEAL of the Veteran Volunteer Firemen' s Association , Appellant, requesting a variance from the requirements of Article Vlll , Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two storage buildings with south side lot building setbacks of 13. 5 +/= feet (60 foot setback required ) at 638 Elmira Road , Town of Ithaca Tax Parcel No. 33-3-5. 1 , Light Industrial District. A special approval under Article XII, Section 54 may also be requested as the Association's use of the property is nonconforming with said zoning district. GRANTED WITH CONDITIONS APPEAL of David Warden and Robin Botie, Appellants, requesting a variance from the requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinace, to maintain an accessory building with a height of 22 +/= feet ( maximum 15 foot height allowed ) at 1341 Mecklenburg Road, on a portion of Town of Ithaca Tax Parcel No. 28A m23. 2, Residence District R-30. • GRANTED WITH CONDITIONS APPEAL of Ithaca College, Appellant, HOLT Architects, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 and 3 to construct the Health Science and Human Performance Building at the Ithaca College Campus on 953 Danby Road , Town of Ithaca Tax Parcel No. 41 =1 -30. 2, Residence District RA 5. A variance from the requirements of Article IV, Section 11 and 6 is also being requested, in order to create a building height of 70 feet (36 foot maximum height allowed ). GRANTED APPEAL of William Alberta, Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a nonconforming building located at 751 Elm Street Extension , Town of Ithaca Tax Parcel No. 28=1 -29, Residence District R-30. Said building is nonconforming as it is located 25. 5 feet from the road right-of-way (30 feet setback required . GRANTED FINAL . to14IQ ] TOWN OF ITHACA• u �n ZONING BOARD OF APPEALS WEDNESDAY, JULY 9, 1997 PRESENT: Chairman David Stotz, Harry Ellsworth , Ronald Krantz, James Niefer, Andrew Frost, Director of Building and Zoning ; John Barney, Attorney of the Town ; JoAnn Cornish , Planner; Benjamin Helber, Planning Intern . OTHERS : Harold Perry, David Warden , Robin Botie, David Dresser, Carl Sgrecci , Tom Hoard , j Robert O' Brien , Bill Alberta . I Chairman David Stotz called the meeting to order at 7 : 09 p . m . , stating that all posting , publication , and notification of the public hearing had been completed and the same were in order. The first appeal to be heard by the board was as follows: i APPEAL of the Veteran Volunteer Firemen' s Association, Appellant, requesting a variance from the requirements of Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two storage buildings with south side lot building setbacks of 13.5 +/- feet (60 foot setback required) at 638 Elmira Road, Town of Ithaca Tax Parcel No. 33=3= 5. 19 Light Industrial District. A special approval under Article XII , Section 54 may also be requested as the Association's use of the property is nonconforming with said zoning district. Harold Perry, Lot 38 Seven Mile Drive Trailer Park, said the new storage shed belongs to Number Seven Fire Station to store their equipment from the old station house. The Number Seven Fire Station needed a place to store some of their equipment because the City closed their station house . The storage shed is not a permanent structure, it is on skids . The storage shed was brought in on a truck. The only thing done to the new storage shed was that it was painted to match the other buildings , and stone was put around the building to keep animals out. Andrew Frost said there are two buildings in question. He passed around a photograph of the two buildings. The left side of the photograph shows the new building , and the right building is the old building . The old building has been there for a number of years . When a building application was made for the newest storage building , the plot plans showed a side yard setback of 13. 5 feet. It was determined that it does not conform with the Zoning Ordinance for a Light Industrial District that requires a 60 foot setback on the side yard . Since the appeal was before the board , the applicant should make an appeal at the same time for both buildings . The applicant is requesting a variance for both buildings . Mr. Perry said the swamp is the only thing in back and behind the buildings . Mr. Frost said one of the photographs shows a brushy area on the back side of the storage sheds , so they would not be seen from Elmira Road . Hart' Ellsworth asked if the both buildings are used . Mr. Perry said one of the buildings has been there every since the Veteran Volunteer Firemen's Association purchased the property. TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 99 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 2 Mr. Frost said a lodge type building is not a permitted use in a Light Industrial District. Therefore , • at the end of the appeal he noted that a Special Approval may also be required . He advertised this appeal as a variance and a Special Approval to be on the safe side . James Niefer asked how does the usage of the previous owner vary from the usage of the current owners. Mr. Frost said in 1991 , The Town Board changed the Zoning Ordinance to state that the only use permitted in a Light Industrial District were light industrial uses . This property was actually legal until the Town changed the Zoning Ordinance , and then the building became non-conforming . All business uses were permitted uses in a Light Industrial District, but was subsequently changed a few years ago to state that light industrial uses in Light Industrial Districts only. Chairman Stotz asked if artifacts are stored in the new building . Mr. Pent' responded , yes . The other building has the lawnmower. Chairman Stotz asked if Fire Company Number Seven was in the City of Ithaca . Mr. Perry responded , yes , it was on Tioga Street. Chairman Stotz asked if all the artifacts were from the fire station building . • Mr. Perry responded , yes . When the City of Ithaca closed the fire station , they had no place to take their storage. Since they are a member of our Association , they wanted to store the shed on the Association's property. Mr. Niefer asked what is the fill to the rear of the property being added for. Mr. Perry said the fill would be added to expand the parking area. Mr. Niefer asked if the Association has contacted the utility companies about the fill being added to the property. Mr. Pert' responded , yes . JoAnn Cornish said the Veteran Volunteer Firemen's Association has been through site plan review with the Planning Board for that process . Chairman Stotz asked if the land in back of these buildings is undeveloped . Mr. Perry responded , yes . Chairman Stotz asked if the building was delivered assembled on a truck. Mr. Perry responded , yes . The storage shed came from Himrod , New York. Mr. Frost said the only problem with pre-fabed storage buildings they only have trusses in them . They should technically have engineering shop drawings for the trusses. The only comment he received , from a building stand point, the newest structure is not anchored to the ground . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 911997 APPROVED - SEPTEMBER 16q 1997 PAGE 3 • Mr. Perry said he has the anchors that Mr. Frost recommended to get. He has not installed the anchors until the board makes a decision . Chairman Stotz asked what if the situation developed that at some date the Association needed to move that building . Mr. Perry said there is no problem moving the building . The building could be hooked onto a truck and pulled away. Mr. Ellsworth asked if the anchors would need to be cut. Mr. Perry responded , no , because the anchors would be bolted to the building . Mr. Frost said the anchors are driven into the ground at an angle , and bolted to the building . Chairman Stotz asked if there is a concrete pad for the new building . Mr. Perry responded , no. The new building has skids like a palette . Mr. Frost asked if the older building has a concrete pad . Mr. Perry responded , yes , that has been there for years. • Chairman Stotz asked if the new building needed to be moved at some point, it could be moved . Mr. Perry responded , yes . Attorney for the Town John Barney asked who owns the property immediately adjacent to the buildings . Mr. Perry responded , Stephen Eddy owns 15 feet before the swamp . The Grey Haven Motel is next to it. He is not sure who owns the swamp . Attorney Barney said the Eddy's own the swamp . Attorney Barney asked what is the concrete pad shown on the sketch plan . Mr. Perry said the concrete pad used to be down the bank in the back yard . The previous owners , Union Hall , used to have a clam bake shelter there . The snow made the clam bake shelter collapse before the Association purchased the property. The added fill to the property would be covering the shelter pit. Planner Cornish said the concrete pad is no longer there, it was covered by some of the fill . Attorney Barney asked if there was a reason why the new storage building could not be put back where the fill is being added . Mr. Perry said the building could be put back there , but it would not be very handy for the • Veteran' s to use . Some of the stuff in the buildings are used once in a while for functions . The Association thought the new building would be handy next to the old building . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9, 1997 APPROVED - SEPTEMBER 169 1997 PAGE 4 • Chairman Stotz asked if there is anything valuable stored in the storage shed other than historical value that someone would find attractive to steal . Mr. Pent' said it is hard to say . The Association has been fortunate so far not to have any break ins . Chairman Stotz opened the public hearing . With no one present wishing to speak, Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT: Chairman Stotz said .there is no environmental assessment for this appeal . MOTION made by Harry Ellsworth , seconded by James Niefer: RESOLVED, that this board grant the appeal for the Veteran Volunteer Firemen's Association at 638 Elmira Road , Town of Ithaca Tax Parcel No . 33-3-5 . 1 , Light Industrial District, to be permitted that two existing storage buildings remain with a south side setback of 13 feet where a 60 foot setback is required , along with the finding that the injury to the property owner outweighs the potential detriment to the balance of the neighborhood . Attorney Barney said there were two signatures of the adjacent property owners indicating that there were no objections to this approval . • Chairman Stotz asked if board would want to consider a time limit variance in case there are developments to the adjoining properties . Mr. Niefer asked how would they deal with the original building that is not removable . Mr. Perry said the new storage building would be removed once Station Seven decides whether they are getting another station or not. Chairman Stotz asked what is the probability of getting another fire station . Mr. Pert' said he does not know. It is up to the City Fathers . Chairman Stotz asked if the new storage building would be removed once Station Seven finds a new location . Mr. Pent' responded , yes. Attorney Barney asked what type of time frame would that be . Mr. Perry said it depends on whether the City Fathers would give Station Seven another fire station in the City or outside the City. Mr. Ellsworth said the City is getting a new Common Council of both Fathers and Mothers . • Chairman Stotz said no one knows what is going to happen five years down the road with the adjoining properties . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9, 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 5 Mr. Pert' said there would not be anything the other side of the building unless the Town decides • to let the owners fill the swamp in . Attorney Barney said there is a whole series of problems with the swamp . Chairman Stotz said he did not want to present it as an amendment to the motion , but he just wanted to see how the board felt about a time limited use . Mr. Ellsworth said since the City is trying to get a new Common Council in order, he would add a stipulation that this appeal come before the Zoning Board of Appeals in three years for review. Mr. Frost said this appeal is for both buildings . Mr. Frost asked Mr. Ellsworth if he was focusing on the new building or both buildings . Mr. Niefer asked what would the board be solving if they only put a time limit on one building and leaving the other building there. Mr. Ellsworth said the old building is built more substantially by sitting on a concrete slab . Chairman Stotz said the new building could be moved at any time . If the board approves this motion without a time limitation the new building would stay there forever. Mr. Ellsworth said the building would be removed when the current owners move out or if the • property is sold . Chairman Stotz asked if the building would be difficult to move. Mr. Perry responded , yes , because they would need to hire someone with a big truck to move the building . I Mr. Frost said some time limits were put on appeals for three or five years . Mr. Ellsworth said five year time limit would be fine . A vote on the motion resulted as follows: AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . The motion was carried unanimously. Mr. Krantz asked if the five year time limit would be for both buildings or just the new building . Attorney Barney said the motion should be apply to both buildings . Mr. Ellsworth said he did not intend the five year time limit to apply to both buildings . The five year time limit applies to the semi-portable building . • Attorney Barney asked if the board would be granting a permanent variance for the building that is on a concrete pad , and a variance for the next five years for the building that is on skids . f TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 99 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 6 • Mr. Ellsworth responded , yes . Mr. Frost said the Association could return in five years, and ask if the building could be left in place for a longer period of time . Mr. Krantz said he does not know about that. In five year, if the board felt that the building could be moved easily it should be moved . It is not that much harder to move the old building either. The Association should move both building in five years if they need to move one building . Chairman Stotz said the motion was passed with further clarification to the building on skids . The board could pass another motion that relates to the other building . MOTION made by Ronald Krantz, seconded by James Niefer: RESOLVED, that this board grant the time limit variance being granted for a period of five years in respect to both storage buildings at the Veteran Volunteer Firemen' s Association at 638 Elmira Road , Town of Ithaca Tax Parcel No . 33-3-5 . 1 , Light Industrial District. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . • The motion was carried unanimously. The second appeal to be heard by the board was as follows: APPEAL of David Warden and Robin Botie, Appellants, requesting a variance from the requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinance, to maintain an accessory building with a height of 22 +!- feet (maximum 15 foot height allowed) at 1341 Mecklenburg Road, on a portion of Town of Ithaca Tax Parcel No. 28A w23. 2, Residence District R-30, Mr. Ellsworth said he has a project out to bid right now for a sprinkler system in the City , and David Warden is one of the bidders . If he succeeds in getting the bid he would be reviewing the project. Mr. Ellsworth asked Attorney Barney what he should do . Chairman Stotz asked Mr. Ellsworth what he thinks he should do . Mr. Ellsworth said he is not getting paid by David Warden , but he would have some relationship with him if he is the successful bidder. Attorney Barney said if Mr. Warden is not paying him anything there is nothing to worry about, unless Mr. Ellsworth feels a tremendous amount of guilt, he could abstain to this appeal . Mr. Frost passed photographs showing a building under construction . He wanted to clarify that Mr. Warden and Ms . Botie are building a garage with living space on the second floor. This building • would be their residence while they build their new house. When they move into the new house , the building in the photograph would no longer be a residence . Therefore , it would become an accessory building with a height limitation by the Zoning Ordinance of 15 feet. TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9, 1997 APPROVED - SEPTEMBER 169 1997 PAGE 7 • Mr. Ellsworth asked if the living space would be an apartment above the garage after the house is built. Mr. Frost said there would not be an apartment on the second floor. The building being built now is in compliance with the law. Once the house is built and there is no one using this as a residence , the accessory building would need to get a height variance from the Zoning Board of Appeals or it would need to be shortened . David Warden , 1341 Mecklenburg Road , said as Mr. Frost explained they are building this building as a primary residence for now. The idea is to live in this building while they sell their present house and build a new house. They cannot start the primary house until they have the funds from the sale of the present house . They would build this accessory building as livable space to live in while they build their permanent house. They would not be using the living space in the accessory building as an apartment after the new house is built. It would become a secondary building . He discussed this at length with Mr. Frost, and it is his understanding that their two options are to get a variance or connect the two buildings . They do not want the two buildings connected because this would be the first side of the house that would be seen . The accessory building and the new house would be squared off with each other, and there would be an eight foot separation between the two buildings . He would like the accessory building close to the new house because he would be installing the utilities in the accessory building with a heating system for both structures. The heating system would be underground to the house. He would like to keep the broiler out of the permanent living space . There are some insurance factors when the heating plant is kept outside of the living space . Insurance Companies also take that into account. • Chairman Stotz asked if the building under construction right now is a temporary home that would include sanitary facilities and a kitchen . Robin Botie , 1341 Mecklenburg Road , said the kitchen would be temporary. Mr. Frost said Mr. Warden and Ms . Botie are aware that the kitchen would need to be removed once they move into the new house, so this would not be a dwelling unit. Mr. Krantz said he is confused about that. The variance is only necessary when this building is used for storage. Mr. Frost said the variance is necessary when they no longer live in the building because then it would become an accessory building . Mr. Krantz said even if it reverts to an apartment, that would be acceptable . It would not be acceptable , without a variance, if it is used for storage . Mr. Frost said if the living space stayed permanent as an apartment and they did not live in another building on the property, then everything is fine. Mr. Krantz asked what if they wanted to rent this living space as an apartment. Mr. Frost said they could not do that because they would end up with two separate dwelling units • on the parcel . The intent is to keep the building heights down other than the primary residence . Chairman Stotz asked if there is a lot of vegetation around the area . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 99 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 8 Mr. Warden responded , yes . Mr. Warden said the roof was put on the accessory building . There ! • is one spot that people could see a glimpse of the foliage roof before they get to EcoVillage's driveway. By the time people get to EcoVillage's driveway the roof cannot be seen . From EcoVillage's driveway, there is one point the roof could be seen from . These are the only places he found the roof to be visible . Chairman Stotz asked if the roof on the new house would be higher. Mr. Warden responded , yes . Mr. Ellsworth asked how far is the nearest building to the accessory building where people live . Mr. Warden said that .would be their existing house. A neighbor' s house would be EcoVillage , or the neighbor to the other side of the house , which is Trowbridge and Wolff Landscape Architects . Mr. Ellsworth asked if EcoVillage is higher than his building . Mr. Warden said they cannot see EcoVillage from their property at all . EcoVillage is higher, but they are back farther. EcoVillage would not be able to see their house . Mr. Niefer asked how close is the nearest farm bam in the area that might be higher than their accessory building . Mr. Warden said that would be City Light' s bam . • Chairman Stotz asked when they move into the new house, would this building become storage. Mr. Warden said the downstairs would have a two bay garage , and basically storage with an utility room . The second floor would be a studio and a workout area . Mr. Ellsworth asked Mr. Warden if his plumbing business is located somewhere else . Mr. Warden responded , yes . Mr. Warden said he basically works out of the house , and a rents space in the City of Ithaca where he keeps materials . He would like to store some plumbing needs at the house so he would not have to go into the city if he does not need to . He does not have any plans for the accessory building after they move into the new house . Mr. Ellsworth asked if he would be moving his business to the new building . Mr. Warden responded , no . Chairman Stotz asked if the heat would remain on in the accessory building when they move into the new house, and further asked if the sanitary facilities would remain . Mr. Warden said the sanitary facilities for the accessory building and the new house would be going into a common septic system . Chairman Stotz asked if the sanitary facilities would be left in the accessory building after the new • house is built. Mr. Warden responded , yes . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9. 1997 APPROVED - SEPTEMBER 169 1997 PAGE 9 Chairman Stotz asked if the accessory building would continued to be heated after moving into the new house . Mr. Warden responded , yes . The pipes would be positioned for the bathroom to be over the utility room , which would be an enclosed insulated space . The heat for the accessory building would be an air system off the water broiler so pipes would not freeze . The area would be minimized of heat. Attorney Barney said if this board grants the variance, and after the new house was built, that the garage space was continued to be used as a residence , there would be an enforcement proceeding . As part of the enforcement proceeding , the Town would demand more than just the kitchen to go because there would have been a violation . The Town does not demand that unless there was a violation . Mr. Frost said there are certain things that could occur regardless of what this board does . Once Mr. Warden receives a building permit for the primary residence, he would not get a certificate of occupancy for the primary residence until the other unit is no longer in use . Chairman Stotz opened the public hearing . With no one present to speak, Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT: Benjamin Helber, Planning Intern , said he and Planner Cornish visited the site . This site is heavily vegetated and secluded . They did not see any problems with this site . The Planning Staff made • a negative determination of environmental assessment. MOTION made by Ronald Krantz, seconded by Harry Ellsworth : RESOLVED, that this board make a negative determination of environmental significance for the property at 1341 Mecklenburg Road , Town of Ithaca Tax Parcel No , 28- 1 -23. 2 , Residence District R-30 , based on the review by the Town of Ithaca Planning Staff's report. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . The motion was carried unanimously. MOTION made by Ronald Krantz, seconded by James Niefer: RESOLVED, that this board grant the variance of David Warden and Robin Botie at 1341 Mecklenburg Road , on a portion of Town of Ithaca Tax Parcel No. 28- 1 -23. 2 , Residence District R-30 , from Article V, Section 20 of the Town of Ithaca Zoning Ordinance to be permitted to maintain an accessory building with a height not in exceed of 23 feet where a maximum of 15 feet is allowed with the following conditions : 1 . That when a new residence is constructed this accessory building would be used for • storage; and 2 . That temporary kitchen facilities are removed . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9y 1997 APPROVED - SEPTEMBER 16, 1997 t PAGE 10 • A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None. The motion was carried unanimously. The third appeal to be heard by the board was as follows : APPEAL of Ithaca College, Appellant, HOLT Architects, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 and 3 to construct the Health Science and Human Performance Building at the Ithaca College Campus on 953 Danby Road, Town of Ithaca Tax Parcel No. 41 -1 -30. 2, Residence District R-15. A variance from the requirements of Article IV, Section 11 and 6 is also being requested , in order to create a building height of 70 feet (36 foot maximum height allowed ). Mr. Ellsworth said he is not being paid by HOLT Architects, but he is in the middle of a project that Mr. Warden is bidding on . HOLT Architects may approve his bills . He is not sure whether he should be part of this conversation or not. Attorney Barney said this is a closer call than the previous appeal . Mr. Ellsworth said this is a second project with HOLT Architects with the same customer that has another pending project on the sprinkler systems . Mr Fro aid if Mr. Ellsworth abb tain from voti there wo Id still be three people to vote . The difference' wouk Be that a majority wouTc3rneed to passgflls approval. Attorney Barney said if there is a contractual relationship that could perceive an influenced decision one way or the other, that Mr. Ellsworth should disqualify himself from this appeal conversation . Mr. Ellsworth said he would disqualify from this appeal conversation . Attorney Barney said his office represents HOLT Architects also . Planner Cornish said Tom Hoard passed out a revised Part I of the Environmental Assessment Form that the Planning Board asked for on the acreage numbers and cubic yards of the fill being removed . Chairman Stotz asked if the Zoning Board of Appeals needs to do an Environmental Assessment even though the Planning Board has already made a negative determination . Attorney Barney responded , yes , because the board would be considering a height variance and a special approval for this appeal . Mr. Krantz asked if the special approval and the variance should be separate motions with two separate votes . • Attorney Barney responded , yes . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9, 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 11 Robert O' Brien , HOLT Architects , showed the Zoning Board of Appeals a Campus Plan of Ithaca • College , and where the Health Science and Human Performance Building (HSHP) would be located on campus . Mr. O' Brien said this building would be taking people from other temporary buildings and other buildings located on campus . Those activities would be moving into the new HSHP building . The new HSHP building would be connected to Smiddy Hall at two levels on the north side . There is a space between Hill Center and the HSHP building for a fire lane . There would be fire exits on three sides of the building . Mr. O' Brien showed an aerial photograph with a computer image of the new HSHP building looking from the northwest. Mr. O' Brien said this would give the board an idea of the size of the building in relationship to the other buildings in the vicinity. Mr. O' Brien pointed out where Smiddy Hall , Hill Center, and Dillingham Center is in conjunction to the new HSHP building . Mr. O' Brien said the new HSHP building would be four stories including a basement. On the top floor there would be a clear story to for light. The top floor would be for physical therapy, occupational therapy, and some clinics . The buildings material would be consistent with other buildings on campus of brick and limestone . Chairman Stotz asked if the new HSHP building would be higher than the top of Dillingham Center, Mr. O' Brien responded , no . The top of the stage house is a little higher. The new HSHP building lines up floor to floor with Smiddy Hall , and would be the same height as Smiddy Hall , Chairman Stotz asked if the clear story section on the new HSHP building would be higher than Smiddy Hall . • Mr. O' Brien responded , yes . The clear story would line up with the mechanical penthouse on top of Smiddy Hall , Chairman Stotz asked what would people see from Danby Road (Route 96B) of the new HSHP building . i Mr. O' Brien said people should see very little of the new HSHP building . For example , if people look across from Chapel Pond they could barely see Smiddy Hall . Planner Cornish said the new HSHP building would be completely surrounded by other buildings . It would be seen within those buildings , but not much beyond . Chairman Stotz asked if people look across the ball fields from Dandy Road (Route 96B) would they be able to see the clear story section on the new HSHP building . Mr. O' Brien said people would not see much from Danby Road (Route 96B) because the road is a lower grade . Chairman Stotz asked why is the building's roof sloped on one side of the building . Mr. O' Brien said the roof slopes down towards the south side. There are all windows on the north side . Chairman Stotz asked if this building would put additional increment for people coming onto the • campus . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9. 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 12 Mr. O' Brien responded , no, it is an academic building . The building would have students and • faculty. The clinics are not like clinics at the hospital . There may be a few people coming and going . There is a possibility of a relationship with Ithacare when it is built across the street. The new HSHP building would have a Gerontology Institute on the top floor, which is office type space . They may have people from Ithacare use the wellness clinic, but it would not be a major out patient operation . There is a clinic already in Smiddy Hall for the Audiology of speech and hearing clinics . Chairman Stotz said it has nothing to do with the height, but there is a comment from the County in regards to the parking . He understands that parking is being displaced by this building . Parking would be placed upon the addition to the parking lots . That just addresses the spaces that are being removed . Mr. O' Brien responded , no, both . Chairman Stotz asked if there would be additional spaces . Mr. O' Brien said there would be 45 displaced parking spaces because they would be building on top of the parking lot. There would be 30 new parking spaces for both the clinic and new staffing of the building . There would be a few new staff and faculty added to the new HSHP building , which would be a small number. Most of the people are on the existing campus community that would be moving into the new HSHP building . Chairman Stotz asked if the public would access this building more than other buildings on campus . Mr. O' Brien said that is hard to say. There are a lot of other buildings visited by the public during different times of the year for different reasons . Chairman Stotz asked if there would be more traffic directed to the new HSHP building for the re- hab facility or from the people at Ithacare . Mr. O' Brien said Ithaca College does not expect there to be man 9 p y people from off campus to visit this building . The clinic would be used for the campus community. Mr. Krantz asked if Ithaca College pays their share of increased expenditures for water, fire , sewer, and police . Attorney Barney said there are some discussions with Ithaca College about that very topic, not so much this particular building , but the campus impact on general services . Mr. Krantz asked if Ithaca College pays more than Cornell University. Attorney Barney responded , no . Chairman Stotz asked if all the fire issues have been addressed by the Planning Board . Mr. O' Brien responded , yes . The new HSHP building would be fully sprinkled , and there are fire exits on three sides of the building . These issues have been reviewed with the Fire Department, and • they were satisfied . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9, 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 13 • Mr. Frost said the board needs to remember the positive economic impact that the student population gives the Town to grow. He would hate to see what the community would be like if there was not Ithaca College or Cornell University. Mr. Ellsworth said there is a fire station close by . Mr. Frost said the new HSHP building would have a sprinkler system . Chairman Stotz asked if the handicapped accesses have been considered . Mr. O' Brien responded , yes , and they would be in full compliance with the New York State Building Code . Chairman Stotz asked if there have been any comments about this building from people who live along Danby Road (Route 96) . Planner Cornish said there have not been any comments received . Neighboring property owners have been notified of this project. Chairman Stotz asked if the neighboring property owners were made aware of the height variance . Planner Cornish said the neighboring property owners received copies of the public hearing notices for both the Planning Board and the Zoning Board of Appeals . This appeal was advertised as a • height variance . Chairman Stotz asked if Ithacare was notified of this meeting . Planner Cornish said she is not sure, but she could check the list of property owners notified . Property owners within 500 feet of the proposed project are notified as a general rule. Ithacare's building would sit lower on their site , and she is not sure how this would effect them . Chairman Stotz said Ithacare would probably not see the new HSHP building from the slope. Attorney Barney said Ithacare was probably not notified of this appeal because the Town works off the tax rolls for notifying current adjoining property owners . Ithacare's property did not change hands officially until a few weeks ago . The land is probably still registered in Ithaca College's name . Chairman Stotz opened the public hearing . Carl Sgrecci , Vice President of Treasury for Ithaca College and also on the Board for Ithacare , said this would be one of the buildings on campus that would have the largest programmatic relationship with Ithacare . The two organizations have been working together on programmatic relationships , as well as being well informed of what is happening with each other' s facilities. He cannot speak for Ithacare , but they are probably the most knowledgeable about this facility. Chairman Stotz asked if anyone else from the public wished to speak. With no one else present to speak, Chairman Stotz closed the public hearing . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 911997 APPROVED - SEPTEMBER 16. 1997 PAGE 14 ENVIRONMENTAL ASSESSMENT: Chairman Stotz said a few questions were checked "yes" on the Full Environmental Assessment Form , and the impacts were small to moderate . One of the impacts on the land was the issue of the water table. This was also mentioned in the narrative , that the water table apparently is fairly high over the entire site at Ithaca College. Planner Cornish said as a rule , in Ithaca the water tables are high . Chairman Stotz asked if there would be some silt discharge into an existing body of water during construction . Planner Cornish said there is a possibility . She went through the plans with the Town Engineer, Daniel Walker, who was satisfied with the siltation and erosion control methods that are proposed and on the plans. Mr. Walker is comfortable with what Ithaca College is proposing . During construction there is always the possibility that there would be additional run off of siltation from the construction . Chairman Stotz asked if hay bales and silt fencing would be used . Planner Cornish responded , yes . Chairman Stotz said the pattern of transportation would be impacted within the campus . That would be partially for the road alignment with the Ford Hall Addition . . Mr. O' Brien said , also , with the parking location . Some parking would be out of service, but new parking would be created in other places . Planner Cornish said that these issues were discussed at length during the Ford Hall Addition and the J & M lot expansions , when the original parking numbers were proposed . The only change in traffic patterns effecting the community would be from the existing parking that is at Axiohm that Ithaca College is currently using . This would eliminate parking to the campus . So it really effects the campus , it does not effect the community at enlarge . Chairman Stotz said there would be temporary noise due to construction . Chairman Stotz asked if this is going to be 24-hour a day building project. Mr. O' Brien responded , no . School would still be in session during most of the project. Chairman Stotz asked if the construction work would be done five or six days a week during normal working hours . Mr. O' Brien responded , yes . Attorney Barney asked if the supports of the building would be done in concrete. Mr. O' Brien responded , no , the building would be a steel frame . Chairman Stotz asked how do they attach the steel frame together, bolts. Mr. O' Brien responded , yes . There would be some welding . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 99 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 15 • Chairman Stotz asked if it would be noisy when they attach the steel beams together. Mr. O' Brien said they would not be riveting . They would be torque wrenching . Mr. Niefer asked where would the fill be going for the excavation . Mr. O' Brien said the fill would be located on site, and contoured plan was supplied . The fill site would be located north of Emerson Hall . The plan is to use a route that runs along the current Slot extension to Emerson Hall . The fill would cover an area that was used before. Mr. Niefer asked if there are strong environmental barriers . Mr. O' Brien responded , yes , there would be siltation fences around the bottom . When it is finished it will be seeded over. i Chairman Stotz asked where the asphalt of the parking lot would be going . Mr. O' Brien said there is not enough of it to reclaim, so it would be broken up to put into the fill area . Mr. Krantz said this is more criticism of the Full Environmental Assessment Form than of the project. The form requires "yes" and "no" answers , that a construction project of 17 months involving 100 jobs will not have any surface liquid disposal , will not have any subsurface liquid disposal , will not have any solid waste disposal , will not produce any odors , and will not produce any operating noises . That • statement is really absurd of any project with 100 people in 17 months . Mr. Krantz said he is looking at numbers 6, 91 12, 13 , 17 , 19 , and 20 of the revised Part- 1 Project Information supplied to the board tonight. Having 100 people together in any capacity without producing noise, odors, or waste is not possible. Attorney Barney said this needs to be taken in the context of the environment that the project is located . They would be adding 100 people to 6 , 000 people . Ithaca College already has the attitude of noise there . That is why the answers are answered the way they are . The answers are answered in the contexts, that they are creating something additional or over and beyond what is already. Chairman Stotz said the people evaluating this project need to make these judgments of what is considered noisy. i Planner Cornish said these forms are filled out differently by different applicants , and often times those are checked "yes" and there is a note added "during construction only". Chairman Stotz said the issue of fire protection would be an addition of demand by virtual of an additional building . Other than that there is nothing else on the Full Environmental Assessment Form that needs to be brought to the attention of the board . Planner Cornish said the Planning Board resolution and recommendation to the Zoning Board of Appeals concerning this special approval was included in the packets . MOTION made by David Stotz, seconded by James Niefer: TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9. 1997 APPROVED - SEPTEMBER 16j 1997 PAGE 16 . RESOLVED, that this board makes a negative determination of environmental significance for Ithaca College Campus on 953 Danby Road , Town of Ithaca Tax Parcel No . 41 - 1 -30. 2 , Residence District R-30 , based on the review and findings of Planner JoAnn Cornish . A vote on the motion resulted as follows : AYES - Stotz, Krantz, Niefer. NAYS - None . ABSTAIN - Ellsworth . The motion was carried . MOTION made by Ronald Krantz, seconded by James Niefer: RESOLVED, that this board grant the special approval of Ithaca College Campus on 953 Danby Road , Town of Ithaca Tax Parcel No . 41 - 1 -30 . 2 , Residence District R- 15, from Article IV, Section 11 and 3 of the Town of Ithaca Zoning Ordinance , to be permitted to construct the Health Science and Human Performance Building on the findings from Article XIV, Section 77, Paragraph 7, Sub- Paragraphs a-h . A vote on the motion resulted as follows : AYES - Stotz, Krantz, Niefer. NAYS - None. . ABSTAIN - Ellsworth . The motion was carried . MOTION made by Ronald Krantz, seconded by James Niefer: RESOLVED, that this board grant the appeal of Ithaca College Campus on 953 Danby Road , Town of Ithaca Tax Parcel No , 41 - 1 -30 . 2 , Residence District R- 15 , from Article IV, Section 11 and 6 of the Town of Ithaca Zoning Ordinance, to be permitted to create a building height not to exceed 71 feet where 36 feet maximum height is allowed based on the following : 1 . That this building is in keeping with the general character of the campus ; 2 . That this building would not adversely affect the surrounding neighborhoods ; and 3 . That there is a benefit to the applicant that the variance outweighs any detriment to the community. A vote on the motion resulted as follows : AYES - Stotz, Krantz, Niefer. NAYS - None. t ABSTAIN - Ellsworth . . The motion was carried . TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 99 1997 APPROVED - SEPTEMBER 16. 1997 PAGE 17 • The last appeal to be heard by the board was as follows : APPEAL of William Alberta, Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a nonconforming building located at 751 Elm Street Extension , Town of Ithaca Tax Parcel No. 28-1 -29, Residence District R-30. Said building is nonconforming as it is located 25.5 feet from the road right-of-way (30 feet setback required). Mr. Frost showed photographs of new construction to the back of Mr. Alberta's house on 751 Elm Street Extension . Mr. Frost said Edward King prepared a notice that the appellant recognized by starting the construction prior to getting approval from the Zoning Board of Appeals that they proceed at their own risk. William Alberta , 751 Elm Street Extension , said he did not realize that his house needed to be 55 feet from the center line of the road , and thought it was 60 feet. He measured 49 . 5 feet. Mr. Frost said his house is off 25. 5 from the road right-of-way line, so he is off by 4 . 5 feet. An addition would be added to the existing house in the back. He has two children , and one bathroom does not seem to be enough . The kitchen is tiny, and space needs to be added . Putting the addition to the back of the house would be the most logical thing place . He lives on 12 acres of land , and has 1 , 500 feet of road frontage . The house is pretty much in the center of the 1 , 500 feet. On his side of the road there is nobody close by in either direction . There are fields across from his property. There is a house approximately 400 feet down the road sitting back in the woods . That neighbor has helped him as he got started with this addition . Interestingly, if he lived down a couple streets , he would not have a problem because of the different zoning . He is in violation of the setback requirements of the R-30 zone at this time. Mr. Frost said everything complies with the zoning , but the front of the house is four feet to close to the house. Chairman Stotz asked if the addition would be attached to the back of the house. i Mr. Alberta responded , yes . Mr. Niefer asked Mr. Alberta if he built the original house. Mr. Alberta responded , no , the house is an old farm house from the 1870's . Attorney Barney said the house probably became a non-conforming house when the Town first did the Zoning Ordinance in 1954 . Mr. Frost said the 1954 Zoning Ordinance was significantly different than the 1960 Zoning Ordinance . There was residential zones, but no R-30's or R- 15's . The setbacks may have been 25 feet at that time. Mr. Krantz said he drives by this property regularly. Of all the cases he ever heard before the Zoning Board of Appeals , this is probably among the least significant deviations . Chairman Stotz asked Mr. Alberta if he owns the land on both sides of the house , and if there • were close neighbors . • ; TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9, 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 18 Mr. Alberta said if there were close neighbors , they probably would approve of this . Right now, • the house is kind of ugly now. There is old aluminum siding , and a section that does not have siding . He would be residing the house , re-roofing the house , and replacing the old windows . Planner Cornish asked if there was some drainage work done to this house . Mr. Alberta responded , yes . He put a perimeter drain around the house . He would have needed to do the drain with or without the addition . Chairman Stotz asked what the residing would be . Mr. Alberta responded , vinyl siding . Chairman Stotz asked if the new siding would blend in with the rest of the house . Mr. Alberta said 'the whole house would be resided with the same thing . Mr. Frost said he received a phone call from Mrs . Krout, who is an adjoining property owner that agrees to this appeal . Chairman Stotz opened the public hearing . With no one present to speak, Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT: • Mr. Helber said he and Planner Cornish visited the site, and they recommend a negative determination of environmental significance . MOTION made by Harry Ellsworth , seconded by Ronald Krantz: RESOLVED, that this board make a negative determination of environmental significance for the property of William Alberta at 751 Elm Street Extension , Town of Ithaca Tax Parcel No . 28- 1 -29 , Residence District R-30 , based on the review by the Town Planning Staff. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . The motion was carried unanimously. Mr. Niefer asked what is the little square building out back of the house . Mr. Alberta said that is a playhouse for the children . Mr. Frost said the playhouse had a zoning height variance. • MOTION made by Harry Ellsworth , seconded by James Niefer: TOWN OF ITHACA ZONING BOARD OF APPEALS - JULY 9, 1997 APPROVED - SEPTEMBER 16, 1997 PAGE 19 • RESOLVED, that this board grant the special authorization of William Alberta at 751 Elm Street Extension , Town of Ithaca Tax Parcel No . 28- 1 -29 , Residence District R-30 , to enlarge a non- conforming building that is located 25 feet from the road right-of-way where a 30 feet setback is required , and that the addition presented in the plans accompanying the appeal be constructed . This board made these findings under Article XIV, Section 77 , Paragraph 7 , Sub- Paragraph a-h of the Town of Ithaca Zoning Ordinance . A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None. The motion was carried unanimously . OTHER BUSINESS : Chairman Stotz said he received a letter from Edward King stating that he is resigning from the Zoning Board of Appeals. The letter states : "As I advised you from the telephone call , I must hand in my resignation from the Town of Ithaca Zoning Board of Appeals . Due to the pressure at my work and the loss of my long-time Secretary/Assistant. I have had a long and happy association with this board , and I regret the need to determinate it, but I really must do so . Rather than to leave the board short handed , I would like to make my resignation effective as soon as a replacement member is found . It would be most helpful if you • would see that I am advised when the Town would commence advertising the vacancy , that I have a couple people in mind who I would encourage to consider the post, or either is at all interested . I have not mentioned or discussed this possibility to or with either of them and feel that I should not do so until a search is officially underway. " Chairman Stotz said if the board does not have a quorum , Mr. King would fill in and be on call until such time another member is found . It would be appropriate for the board to make a motion to give thanks to Mr. King for his long and faithful service to the Zoning Board of Appeals and to the Town of Ithaca. It has been much appreciated and that is absent would be missed . The Zoning Board of Appeals was in agreement to send a letter to Mr. King thanking him of his long faithful service with the Town of Ithaca . Chairman Stotz said he has talked to Supervisor Valentino about this situation , and there are not many people in the Town that are willing to volunteer their time . This may be a problem for some time, and he urges all the members to attend the meetings for a quorum . Chairman Stotz adjourned the meeting at 8 : 44 p . m . . jjht4l k &- ; Deborah Kelley. Keyboard Specialist/Minut ecorder • David Stotz, Chairman TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS `. ' A L • WEDNESDAY, JULY 911997 F I 7 : 00 P. M. 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, July 9, 1997, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N. Y . , COMMENCING AT 7 :00 P. M. , on the following matters : APPEAL of the Veteran Volunteer Firemen ' s Association , Appellant, requesting a variance from the requirements of Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two storage buildings with south side lot building setbacks of 13 . 5 ± feet (60 foot setback required) at 638 Elmira Road, Town of Ithaca Tax Parcel No. 33 -3 -5 . 1 , Light Industrial District. A special approval under Article XII, Section 54 may also be requested as the Association ' s use of the property is nonconforming with said zoning district. APPEAL of David Warden and Robin Botie, Appellants, requesting a variance from the requirements of Article V, Section 20 of the Town of Ithaca Zoning Ordinance, to maintain an accessory building with a height of 22 + feet (maximum 15 foot height allowed) at 1341 Mecklenburg Road, on a portion of Town of Ithaca Tax Parcel No. 28- I -23 .2, Residence District R- 30 . APPEAL of Ithaca College, Appellant, HOLT Architects, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 and 3 to construct the Health Sciences and Human Performance Building at the Ithaca College Campus on 953 Danby Road, Town of Ithaca Tax Parcel No. 41 - 1 -30.2, Residence District R- 15 . A variance from the requirements of Article IV, Section 11 and 6 is also being requested, in order to create a building height of 70 feet (36 foot maximum height allowed). APPEAL of William Alberta, Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, • Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a nonconforming building located at 751 Elm Street Extension, Town of Ithaca Tax Parcel No. 28- 1 -29, Residence District R-30. Said building is nonconforming as it is located 25 . 5 feet from the road right-of-way (30 feet setback required). 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 Director of Building and Zoning 273 - 1783 Dated: July 1 , 1997 Publish : July 4, 1997 • • 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, July 9, 1997, 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 : July 1 , 1997 Date of publication : July 4, 1997 • O Dani L. Holford, Building and Zoning 13 partment Secretary, Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 4th day of July, 1997. Notary Pu is BETTY F. POOLE NOTARY PUBLIC STATE OF NEW YORK # 4646 427