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HomeMy WebLinkAboutZBA Minutes 1998-01-14 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, JANUARY 14, 1998 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, January 145 1998, 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 Barbara Kazyaka, Appellant, Alfred Eddy, Landowner, requesting a variance from the requirements of Article V, Sections 18 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a push cart food service business at 827 Elmira Road, Town of Ithaca Tax Parcel No. 35- 1 - 10. 1 , Residence District R-30. Said Ordinance would not allow such a business operation in a residential zone. APPEAL of Ithaca College, Appellant, Robert O' Brien, Agent, requesting a special approval under Article V. Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to erect a small observatory on the Ithaca College campus, 953 Danby Road, Town of Ithaca Tax Parcel No. 41 - 1 -30.2, Residence District R- 30. A variance from the requirements of Town of Ithaca Local Law #7, 1988, requiring the installation of a sprinkler system within the observatory is also being requested under Section 9 of said Law. • APPEAL of Michael Herzing, DBA Big Al ' s Hilltop Quikstop, 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 raze and rebuild a nonconforming gasoline station/convenience store at 1103 Danby Road, Town of Ithaca Tax Parcel No. 43 -2- 1 , -2, Business District C. The sale of gasoline is only permitted in Business D zones. APPEAL of Donald F. and Barbara Holcomb, Appellants, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to maintain a single-family home with a front yard building setback of 23 feet (25 feet required) at 141 Northview Road, Town of Ithaca Tax Parcel No. 52- 1 - 17, Residence District R- 15 . 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: January 6, 1998 Publish: January 9, 1998 FKM LOWK OF nWACA r TOWN OF ITHACA C�rk �•, � �nra ZONING BOARD OF APPEALS WEDNESDAY, JANUARY 14, 1998 The following appeals were heard the board as follows : APPEAL of Barbara Kazyaka, Appellant, Alfred Eddy, Landowner, requesting a variance from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a push cart food service business at 827 Elmira Road , Town of Ithaca Tax Parcel No. 35A A 0. 1 , Residence District R-30 . Said Ordinance would not allow such a business operation in a residential zone. APPEAL DENIED APPEAL of Ithaca College, Appellant, Robert O' Brien , Agent, requesting a Special Approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to erect a small observatory on the Ithaca College campus, 953 Danby Road, Town of Ithaca Tax Parcel No. 41 A m30. 2, Residence District R-30 . A variance from the requirements of Town of Ithaca Local Law #7, 1988, requesting the installation of a sprinkler system within the observatory is also being requested under Section 9 of said Law. APPEAL GRANTED • APPEAL of Michael Herzing , DBA Big Al's Hilltop Quikstop, 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 raze and rebuild a nonconforming gasoline station/convenience store at 1103 Danby Road, Town of Ithaca Tax Parcel No. 43=2-1 , -21 Business District "C" . The sale of gasoline is only permitted in Business " D" zones. APPEAL GRANTED APPEAL of Donald F. And Barbara Holcomb, Appellants, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to maintain a single-family home with a front yard setback of 23 feet (25 feet required) at 141 Nortview Road, Town of Ithaca Tax Parcel No . 52-1 -17, Residence District R-15. APPEAL GRANTED TOWN. OF MWA . R � C"a �S • - TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, JANUARY 14, 1998 PRESENT : Chairman David Stotz, Harry Ellsworth, Ronald Krantz, James Niefer, Kirk Sigel, Andrew Frost, Director of Building and Zoning , John Barney, Attorney of the Town , Christine Balestra, Planner. OTHERS : Barbara Kazyaka, Robert Miller, D. F. Holcomb, Dan Briatta, Tom Salm , Tom Hoard , John Yntema, Peter Trowbridge, Mickey Herzing , Robert O'Brien, Phil Winn . Chairman David Stotz called the meeting to order at 7 :07 p. m . , stating that all posting, publication , and notification of the public hearing had been completed and the same were in order. Chairman Stotz introduced Kirk Sigel as a new Zoning Board of Appeals member. The first appeal to be heard by the board was as follows : APPEAL of Barbara Kazyaka, Appellant, Alfred Eddy, Landowner, requesting a variance from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a push cart food service business at 827 Elmira Road , Town of Ithaca Tax Parcel No. 35-1 -10. 1 , Residence District R40. Said Ordinance would not allow such a business operation in a residential zone. Barbara Kazyaka, 596 Hagedorn Hill , Spencer, said having a business like this is something that she wanted to do for a long time. She has lived in this area for approximately three years. She knows the Eddy's, and she thinks that this would be a good site for a push cart food service. Ms. Kazyaka said she does not have much more to add to the papers that were already presented to the Zoning Board of Appeals. She works part-time at Tioga State Bank. The reason she works part-time is because approximately seven years ago she had an automobile accident, and she has had on going back and neck problems. She is not able to maintain a full-time job. She worked ten years in a bank in Westchester County, but she lost her job after the auto accident. She thinks this is something that she would be able to do. She would not be doing this full time. It would only be seasonal when the weather would permit it. She thinks she could make a go of this without having the physical demands of a full time, 9 to 5 job. Chairman Stotz asked Ms. Kazyaka if she would only be operating this business during the warmer seasons. Ms. Kazyaka responded , yes. There were days up to Thanksgiving where it was warm enough to have the push cart there. Chairman Stotz asked if this business would on a day to day weather permitting . Ms. Kazyaka responded , yes. Director of Building and Zoning Andrew Frost asked where would she be operating on the site facing the main stand . Ms . Kazyaka said the push cart would be right in front of the Eddy's building . TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14. 1998 APPROVED - FEBRUARY 11, 1998 PAGE 2 . Chairman Stotz asked if she meant right by the front entrance. Ms. Kazyaka responded , yes, right next to the tree in the front yard . James Niefer asked Ms. Kazyaka if she plans to put any additional signage in front to call attention to her operation. Ms. Kazyaka said there is a big blue and white umbrella that is on the push cart itself. It does not have the title "Wally's Weenies" but it does say hot dogs and soda. Ronald Krantz asked if there would be a problem by having children crossing the main highway from the Treman State Park. Ms. Kazyaka said there is snack bar at the park by the pool. She does not think she would be serving anyone but the people that come to Eddydale Farms. Chairman Stotz asked what food items would she have on the push cart. Ms. Kazyaka said she would have sauerkraut, relish, mustard, catsup, hot dogs, cold soda, and potato chips. She has a permit from the Tompkins County Health Department just to serve those items. Chairman Stotz asked if the hot dogs would be cooked else where and kept warm on the cart. Ms. Kazyaka responded , no. The hot dogs will be steamed cooked in the push cart by propane gas. It is a simple cart, and the Zoning Board of Appeals was supplied with a copy of the push cart she plans to use. Director of Building and Zoning Frost asked Ms. Kazyaka if she has any intentions of having a BBQ pit or heating pit on this site. Ms. Kazyaka responded , no, that would be too much work. Mr. Niefer asked Ms. Kazyaka if she has a lease with Eddydale Farms to operate at this location . Ms. Kazyaka responded , no, just a verbal agreement. Chairman Stotz asked if she was only planning to carry the hot dogs, cold soda, and bags of potato chips. Ms. Kazyaka responded, yes. Chairman Stotz opened the public hearing, and asked is anyone from the public wished to be heard . Robert Miller, 823 Elmira Road , said he lives right next door to Eddydale Farms. When he and his wife purchased this property in 1975 when it was only a residential zone. There were only two commercial establishments near by. One was Turback's, and the other was Early Bird Farms that sells flowers and corn seasonally. After awhile Mr. Eddy rented some land from John Babcock, which Mr. Eddy owns now. Mr. Eddy had a wagon where he sold corn and vegetables. Later Mr. Eddy purchased the land , and the Town gave him a permit to buy the present building to sell vegetables. Mr. Eddy built TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 3 himself a lot of overhead, so Mr. Eddy came to the Town and cried hardship. Mr. Eddy wanted permission to sell more than vegetables, so the Town gave Mr. Eddy a variance to sell farm products and related farm products as long as he grew over 50 percent of what he sold . It appears to him as people drive by Eddydale Farms, that Mr. Eddy has gone beyond the intended use of the variance. Mr. Eddy now owns some commercial property a half mile north of him across the veterinary establishment which it is zoned commercial . Mr. Eddy could put another food stand or something there. Mr. Miller asked if any one on the Zoning Board of Appeals were living in a residential zone, would they want Eddydale Farms operating next to them . He does not know what the zoning enforcement has done. Mr. Frost knows because he has complained to him. When people drive into the Town of Ithaca there is a sign that says "Zoning Enforced" . He calls it selective enforcement. Mr. Miller said he is not against Ms. Kazyaka, it is not personal , but as he owns residential property in a residential zone to have Eddydale Farms next to his property really hurts. Mr. Miller said he is against any expansion of Mr. Eddy's property. Mr. Miller said when he purchased his property in 1975 it was zoned residential, but look what has happened now. Director of Building and Zoning Frost said Mr. Eddy's property had a zoning variance granted in June 1996 . Mr. Eddy was cited by the Town of Ithaca Building and Zoning Department years before, and it finally came to the Zoning Board of Appeals in June 1996 where Mr. Eddy received a use variance to have a business that went beyond a traditional road side stand . Mr. Miller said it appears to him that Mr. Eddy could do whatever he wants there. Director of Building and Zoning Frost asked Mr. Miller if Carolyn Miller is related to him . Mr. Miller said she was his wife, but she died four years ago. Director of Building and Zoning Frost said there was a notice sent to Carolyn Miller at 832 Elmira Road back in June 1996 , and it was returned to the Building and Zoning Department. Mr. Miller said he is here now, and that he should have complained a lot of times. He was trying to keep quite. He said no one would want Eddydale Farms next to their property if they were zoned residential . Chairman Stotz said he is trying to understand Mr. Miller's concerns. Chairman Stotz asked if it was the traffic that concerned him . Mr. Miller said Mr. Eddy was given a variance to sell farm products. Mr. Eddy asked for a lot of stuff. It was his understanding that as long as Mr. Eddy grew over 50 percent of what he sold he could sell related products. It appears to him when two semi trailers and three trucks sit on Mr. Eddy's property that his business has grew way beyond what the intended variance was suppose to be. Director of Building and Zoning Frost said the Zoning Board of Appeals identified that, and granted a variance in June 1996 for the current operation of Eddydale Farms. Mr. Miller said he lives in a residential zone, and he wished the Town of Ithaca would up hold the zoning laws of this Town. He thinks it is selective zoning within the Town of Ithaca. • Chairman Stotz asked Mr. Miller if he sees Ms. Kazyaka's weenie stand as a further erosion of the zoning laws . TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 4 Mr. Miller responded , yes, and he thinks Eddydale Farms will grow and grow. Mr. Miller said look at what has happened to the vegetable stand , from a farm wagon to the purchase of the land to the construction of a big building . After building was built he needed to do more than just sell corn. Chairman Stotz asked Mr. Miller if he sees the push cart as a further expansion of Eddydale Farms. Mr. Miller responded , yes. Mr. Eddy has already purchased Mr. Brink's land that is zoned commercially. If Mr. Eddy wants to put a food stand in he should put it there because it is already zoned commercial. Ms. Kazyaka said she asked the Eddy's about that piece of property. The problem with that is that there are no bathroom facilities. Mr. Miller said he has nothing personal against Ms. Kazyaka. Ms. Kazyaka said she would make sure the area in front of Eddydale Farms is kept spotless including rubbage that is not hers. Mr. Miller said if Mr. Eddy kept his place he would not be so adamant, but Mr. Eddy's place is a mess. They dump garbage down in the field beside his property. Mr. Eddy does not run a neat place. Mr. Kazyaka said she does not have a problem keeping the area she uses clean. Chairman Stotz asked if anyone else from the public wished to be heard . With no one present wishing to be heard , Chairman Stotz closed the public hearing. ENVIRONMENTAL ASSESSMENT : Chairman Stotz said the report states the push cart is mobile and could be moved to a location that the Zoning Board of Appeals felt was appropriate and suitable. There is a negative impact on aesthetics in relation to a road side stand . The issue of a 55 mile per hour highway is a concern for adequate setback, and the concern of setting a potential precedent by allowing this type of usage. Planner Christine Balestra said the push cart is to be placed right next to the tree, that would be a potential safety hazard . It would be important to maintain a 30 foot front yard setback as outlined in the Zoning Ordinance. There is not going to be any additional signage besides the umbrella on the push cart. All of the concerns were addressed in the Environmental Assessment Form. Chairman Stotz said his main concern would be the main highway, and this could cause a potential hazard . Mr. Krantz said his main concern is that there is a State Park across the street, and the children would want to cross the main highway for a hot dog . Chairman Stotz asked Ms. Kazyaka who would be buying the hot dogs. • Ms. Kazyaka said she anticipates the customers at Eddydale Farms with the traffic that is already comes there. TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 5 • Chairman Stotz asked if she anticipates people to stop specially to buy a hot dog. Ms. Kazyaka said she does not know. Chairman Stotz asked if she anticipates doing any other cooking besides steaming the hot dogs. Ms. Kazyaka responded , no. MOTION made by James Niefer, seconded by Harry Ellsworth : RESOLVED, that this board make a negative determination of environmental significance in the matter of Barbara Kazyaka requesting a variance at 827 Elmira Road , Town of Ithaca Tax Parcel No. 35-1 -10 . 1 , Residence District R -30, to be permitted to operate a push cart food service business. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Niefer. NAYS - Krantz, Sigel. The motion was carried . MOTION made by David Stotz, seconded by Ronald Krantz : • RESOLVED, that this board deny the appeal of Barbara Kazyaka requesting a variance at 827 Elmira Road , Town of Ithaca Tax Parcel No. 35-1 -10 . 1 , Residence District R-30 , to be permitted to operate a push cart food service business based upon the following findings : 1 . ) that a business already operates at this location in a residential zone ; 2 . ) that the potential of additional traffic that it would attract; and 3 . ) that this business appears to be a further expansion of the business that already exists. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth, Krantz, Sigel . NAYS - Niefer. The motion was carried . Tile second appeal to be heard by the board was as follows .- APPEAL ollows :APPEAL of Ithaca College, Appellant, Robert O' Brien , Agent, requesting a Special Approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to erect a small observatory on the Ithaca College campus, 953 Danby Road, Town of Ithaca Tax Parcel No. 41 =1 -30.2, Residence District R40. A variance from the requirements of Town of Ithaca Local Law #7, 1988, requesting the installation of a sprinkler system within the observatory is also being requested under Section 9 of said Law. TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 6 Robert O' Brien , HOLT Architects , showed the Zoning Board of Appeals an enlarged map of where the proposed observatory would be located near the existing water tower. Mr. O'Brien said there is an existing road that leads to the water tower, and this road would be extended to the proposed observatory site of a gravel drive. This project does not represent any expansion of any population or traffic on the Ithaca College Campus, it is to enable the astronomy courses to be located on campus rather than having to use other facilities. The proposed building would be 600 square feet 300 square feet to be heated . The other portion of the building would be unheated , enclosure for the telescope with a dome over it. When they use the telescope , they open the dome, set up the telescope, and go into the heated room to observe things electronically. It would only be used by a handful of people at any given time. There would be limited access to the site by gating the drive. The drive will be constructed for emergency vehicle access, and that has been reviewed with the Ithaca Fire Department. There will be a few additional parking spaces next to the water tower, and there will be handicapped accessibility outside the proposed new building . Mr. O' Brien pointed out on enlarged map where the water tower, access road , and the proposed observatory site would be located on the Ithaca College Campus. Mr. O'Brien said there is an existing stone fence wall that would remain. There will be two zones cleared from the observatory site. One zone would be cleared to the ground , and the other zone would allow trees up to 20 feet tall to remain . There will be a septic system to serve a single unit unisex toilet in the building , which has been approved by the Health Department. The water to the building will be done with a booster pump. There will be electric power and electric heat. Mr. O' Brien pointed out to the Zoning Board of Appeals on an enlarged map of what the Observatory's warm room and telescope room would look like. The building construction would be a wood frame with texture 111 plywood siding . • Chairman Stotz asked if the dome would be a metal dome. Mr. O' Brien responded , yes. A portion of the dome slides back and a section flops down . The dome is made of galvanized steel . Attorney for the Town John Barney asked if the dome would rotate. Mr. O' Brien responded , yes. Mr. Krantz stated that Ithaca College is also asking for a variance on the sprinkler system , and asked Mr. O' Brien to speak of that. Mr. Krantz said the proposed site is inaccessible for any fire fighting equipment. Mr. O' Brien said this site is at the top of the hill and higher than the base of the water tank. There is no ability to get pressure for a sprinkler system by natural means . In order to service a sprinkler system they would need to have a fire pump for a pressurized system . If they have a fire pump they would need to rely on an emergency generator. In an enclosed space of less than 300 square feet that would be an extraordinary amount of work to go through . This site would only be used by a handful of people at one time. It would have a very low occupancy load . This has been reviewed with the Fire Department, and the Zoning Board of Appeals was supplied with a letter from the Fire Department supporting this appeal by not sprinkling the building . Harry Ellsworth asked what is the maximum amount of people that would be inside this building at one time. • Mr. O' Brien said , approximately eight people at one time. There is fire access all the way to the site. There would be a gravel drive built to the specifications that the Fire Department required . TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 7 • Mr. Ellsworth asked if there is a gravel road to the water tank. Mr. O' Brien responded , yes. Director of Building and Zoning Frost said in the letter from Ray Wheaten of the Fire Department, it mentions that there is full heat and smoke detection in the building that would be connected to the dispatch office of Public Safety at Ithaca College, which is manned 24 hours a day. Chairman Stotz asked once this building is completed with a metal dome, where would be visible from . Mr. O' Brien said they believe it would not be visible from any where because of the trees. They have sighted from a number of locations around the Town to try to see the water tower, which is a higher structure than the observatory would be. The water tower was barely visible from other sites in the Town . The water tower is approximately 40 feet tall , and the observatory will be approximately 17 feet tall hidden in the trees. Chairman Stotz asked by putting the observatory on this site, considering the fact of light pollution and vibration , this would preclude any further development in the immediate vicinity. Mr. O' Brien said Ithaca College would not want to build around the observatory. Mr. Ellsworth said the sprinklers are life safety devices. Mr. Ellsworth asked how far is the road up • to the observatory site. If there is a problem at the observatory, no one will be able to arrive very quickly. Mr. O' Brien said that is true, but it is a single story structure. The enclosed part of the building with people in it is less than 300 square feet. The building sits at grade. In terms of occupant load and hazard load , it would be a low hazard situation . There are no hazardous substances, and there is combustion in the building . Mr. Ellsworth said there would be electrical wiring , and electrical wiring can start fires. Mr. Niefer asked what the building would be made of. Mr. O' Brien said the building would be wooden with a metal dome. Director of Building and Zoning Frost asked what would be the estimated travel from any location to the nearest exit door. Mr. O'Brien said the longest direction would be coming down off the stairways from the telescope room , which is approximately 30 feet. Mr. Ellsworth said it would be less combustible inside the metal dome. Mr. O' Brien said that would not have a large occupancy. The warm room would have the largest occupancy at one time. • Chairman Stotz asked how many people would be occupying the entire building at one time . TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1999 APPROVED - FEBRUARY 11, 1998 PAGE 8 • Dan Briatta, Professor at Ithaca College, said the observatory will be used for research purposes only. There would be a minimum number of students at one time. When a class is brought to the observatory, there will be small telescopes brought outside and placed on the ground to use. There will probably be only five or six people in the warm room at one time. Whenever there is a larger class they will all be outside looking through small telescopes with two or three people in the building at one time. Chairman Stotz asked if there were a fire could someone go out through the opening of the telescope. Mr. Briatta said he would not recommend it because it would be fairly high off the ground . Chairman Stotz asked if they would need to exit out the single door to the observatory room. Mr. Briatta responded , yes. Tom Hoard , HOLT Architects, said he does all the code work for projects. The size of the room , the distance traveled , and the type of hazards involved are well within any kind of life safety issues. Mr. Hoard said no one will be sleeping at the observatory. Any fire that would start in the observatory would be aware of right away. The distance traveled is very small that there are enough exits from this size of room for the number of people at one time. The occupancy will be small and travel distance would be small , so everyone would be able to exit quickly. • Chairman Stotz opened the public hearing . John Yntema, 993 Danby Road , said , as a nearby resident of the observatory, he does not have a problem with it. Mr. Yntema asked if this public hearing is because this observatory is a non-permitted use of the area, and Ithaca College needed a variance to put an observatory on this site. Director of Building and Zoning Frost said the variance is for a school use. It is a permitted use, but by special approval of the Zoning Board of Appeals only. Mr. Yntema said he thinks this is a great idea. The Fire Station is right below the Ithaca College entrance. Even though they would need to travel up hill they are not far away. Mr. Yntema said he understands that there is a bathroom at the observatory which uses water. If they have water he assumes it is pressurized , and if it is pressurized why can 't it be used for sprinklers if needed . If they do not need it that is fine, but if they have pressurized water there why can 't they use it for sprinklers too. Mr. O' Brien said there is enough water there to run the single toilet. The pressures required for sprinkler systems are considerably greater. They also have to be on an emergency power supply so if there is an emergency the sprinklers do not run out of water. That is not needed for domestic water. Mr. Yntema said he lives in a wood framed house that is many times bigger than this observatory, and he does not have sprinklers. He does not have any objections to Ithaca College not having sprinklers in this building at all. Chairman Stotz asked if anyone else from the public wished to be heard . With no one present to • be heard, Chairman Stotz closed the public hearing . TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 9 • ENVIRONMENTAL ASSESSMENT : Chairman Stotz said there is little, if any, impact on the watershed . It is the opinion of the Planners that the placement of this observatory would actually enhance the habitat for a number of animal species. There may be some benefit to the pitch pine community that is located on South Hill . The placement of the facility would discourage further development in that area, which is desirable. Planner Balestra said the opinion that minimal impact on wildlife and the pitch pine is based upon Bob Wesley and John Confer's biological assessments of the area. Those letters were supplied to the Zoning Board of Appeals. Planner Balestra said the Planning Board adopted preliminary and final site plan approval with certain conditions at their January 6th meeting . The Planning Staff recommends a negative determination of environmental significance for the variance as well as the preliminary site plan approval. Chairman Stotz asked if the pitch pine would actually be burned . Mr. Briatta responded, no, we are not planning to do that. Tom Salm , Vice President of Business at Ithaca College, said Mr. Confer knows about these things, and they talked about having a control burn on the hill where it may help reseed those pine trees. There are no plans for a forest fire on South Hill. • MOTION made by Ronald Krantz, seconded by James Niefer: RESOLVED, that this board makes a negative determination of environmental significance to erect a small observatory on the Ithaca College Campus, 953 Danby Road , Town of Ithaca Tax Parcel No. 41 -1 -30 . 2 , Residence District R-30 , based upon the review by the Town of Ithaca Planning Department. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Kirk. NAYS - None. The motion was carried unanimously. MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board grant the Special Approval to erect a small observatory on the Ithaca College Campus, 953 Danby Road , Town of Ithaca Tax Parcel No, 41 -1 -30 . 2 , Residence District R-30 , under Article V , Section 17 of the Town of Ithaca Zoning Ordinance. That the proposal complies with Article XIV, Section 77 , Paragraph 7 , Sub-paragraphs a-h of the Town of Ithaca Zoning Ordinance. A vote on the motion resulted as follows : i AYES - Stotz, Ellsworth , Krantz, Niefer, Kirk. NAYS - None . The motion was carried unanimously. TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 10 Director of Building and Zoning Frost asked if there was a discharge of water in the portion of the building that contains the telescope that it would be damaging to the equipment inside the building . Mr. Briatta responded , yes. Mr. O' Brien said the dome rotates and it would be hard to have sprinklers attached to that. MOTION made by Harry Ellsworth , seconded by Ronald Krantz : RESOLVED, that this board makes a negative determination of environmental significance for an unsprinkled observatory building at the Ithaca College Campus, 953 Danby Road, Town of Ithaca Tax Parcel No. 41 -1 -30 . 2 , Residence District R-30 , in regards to having an unsprinkled building, based upon the review by the Town of Ithaca Planning Department. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Kirk. NAYS - None. The motion was carried unanimously. MOTION made by Harry Ellsworth , seconded by James Niefer. • RESOLVED, that this board grant the appeal of Ithaca College Campus, 953 Danby Road , Town of Ithaca Tax Parcel No. 41 -1 -30 . 2 , Residence District R-30 , to be permitted to erect a small observatory without a sprinkler system based on the following findings : 1 . ) That there is optical equipment and computer equipment that could be damaged and unusable in an event of a discharge of the sprinklers , 2 . ) That the occupancy be no greater than 12 people at one time ; 3 . ) That there is no all night occupancies in the building ; and 4. ) That there would be substantial financial burden to require a sprinkler system because the cost associated with pumps and an emergency generator to run the pumps. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Kirk NAYS - None. The motion was carried unanimously. The third appeal to be heard by the board was as follows : • APPEAL of Michael Herzing , DBA Big AI 's Hilltop Quikstop, 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 raze and rebuild a nonconforming gasoline TOWN OF ITHACA ZONL TG BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 11 • station/convenience store at 1103 Danby Road, Town of Ithaca Tax Parcel No. 43=2-1 , -2, Business District "C". The sale of gasoline is only permitted in Business " D" zones. Michael Herzing , 1103 Danby Road , said he received preliminary approval last week from the Planning Board for site plan and subdivision approval. He is looking to raise and rebuild the structure on the gasoline side of the business for several reasons, especially for safety issues. Currently, there are no curb cuts on the site. People come and go as they please. He built the business up in the last eight years. It is a lot busier right now than it was eight years ago. The traffic patterns have increased along with traffic flows. By putting in curb cuts and have two entrances would increase the safety for customers , employees, and anyone living in the area. Mr. Ellsworth asked if he is demolishing just part of the building . Mr. Herzing said he would be demolishing everything that is seen now. The only thing that would not be touched would be the tanks in the ground . He spent a lot time and money four years ago installing those tanks. The tanks are up to current Department of Environmental Conservation (DEC) codes for 1998 , which goes into effect in December. He would be installing another canopy, gas dispensers, and a new building . Mr. Niefer asked if there would be a house razed also. Mr. Herzing responded , yes. • Chairman Stotz asked how many pumps are currently there. Mr. Herzing said they are not called pumps. They are called dispensers. The reason they are called dispensers is because the gas is pushed to the dispenser as opposed to sucking from the pumps. Currently, there are two dispensers with a total of four hoses. With the raise and rebuild he would have four dispensers with a total of eight hoses. He would be doubling the size of the gasoline area. The way it is laid out right now there is a traffic problem when there are cars at the pumps. The new site will be more a traditional convenient store as far as layout goes, which would improve the safety on the premises. Chairman Stotz asked Mr. Herzing if he was aware that gasoline sales were not allowed in this area. Mr. Herzing responded, yes. He is currently a legal non-conforming use. Chairman Stotz asked Mr. Herzing if he would double his gasoline sales. Mr. Herzing said he does not know if he would be doubling the gasoline sales, but he would be increasing the capacity to get the gasoline. Director of Building and Zoning Frost said gasoline sales are permitted across the street in a Business District " D" zone. • Mr. Herzing said he built a new gas station/convenient store in the Town of Dryden last year. Along those same lines, he would make this proposal somewhat similar to that store. Same architectural style, but a little bigger. TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 12 Chairman Stotz asked if he will be selling diesel at this site. Mr. Herzing responded , no, but he would be selling kerosene. Chairman Stotz asked what are the proposed hours of operation . Mr. Herzing said the hours would be the same as they current are, which are 7 :00 a. m . to midnight on Sunday during the school year, 6 : 00 a. m . to midnight Monday through -Thursday, and 6 : 00 a. m . to 1 : 00 a. m . on Friday and Saturday nights. Chairman Stotz said one concern he has, especially with a facility like this fairly close to a residential area, is the lighting . Chairman Stotz asked if the canopy would be brightly lighted . Mr. Herzing said the lighting on the canopy is recessed, which keeps the light more downward. The Planning Board spent a lot of time on the lighting issues, and one of his considerations for final approval is to show all the lighting . All the lighting would be within the canopy and the building , and there will be no other exterior lighting on the premises other than for the gas signs. At the same time, he would be installing future use conduits in case Mr. Frost finds the lighting was not sufficient he could easily add new lighting without digging everything up. Chairman Stotz asked if the lights would be turned off during the hours when he is not in operation. • Mr. Herzing responded , yes. Chairman Stotz asked if the canopy lights and sign lights would be off when he is not in operation . Mr. Herzing responded , yes. The only lighting that will be on would be inside for safety reasons. Chairman Stotz asked Mr. Herzing if he has any plans for a 24 hour a day operation. Mr. Herzing responded , no. Mr. Niefer said the plot plan of the proposal shows a number of trees planted on the south side of the parcel adjacent to a residential property. Mr. Niefer asked what assurance is there that those screening trees will be planted and maintained . Mr. Herzing said the assurance is that he already has the trees. He has the trees on another property in Dryden , and he would be planting them in that area. Along with the planting there will be a stockade fence to use as buffering . Sam Peters is the resident who sold him the property approximately three years ago. Director of Building and Zoning Frost said Mr. Herzing will not receive a certificate of occupancy until all site plan considerations have been completed , which includes landscaping . The assurance is that the landscaping would be installed according to the approved site plan prior to the issuance of a • certificate of occupancy. Attorney Barney asked if the tanks would be of the same capacity. TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 13 . Mr. Herzing responded , yes. Attorney Barney asked who owns the house to the east side of the property. Mr. Herzing said he owns that house. It is currently a two unit house. The house that fronts on East King Road Extension will remain as is, and will be subdivided off through the Planning Board . Chairman Stotz opened the public hearing . Mr. Yntema said he lives approximately half mile north of Big AI 's Hilltop Quikstop. He thinks this is a great idea for Mr. Herzing to expand . Mr. Yntema said he also wanted to mention that he is on the Town of Ithaca's Conservation Board . The Conservation Board reviewed this project, and there does not seem to be any serious problems with it. Mr. Yntema asked Mr. Kanter about the permissible use of selling gasoline, and he assured him that was not a problem because it was grandfathered in. People have been selling gas at this location for many years. Chairman Stotz asked if anyone else from the public wished to be heard . With no one wishing to be heard , Chairman Stotz closed the public hearing. Director of Building and Zoning Frost said there is parking inside the required front yard which it is currently. The Zoning Ordinance would not allow parking in the required front yard , but as a Special Approval for the non-conforming use it is a continuation of the situation that has been there. • Chairman Stotz asked if in essence , Mr. Herzing would end up with considerable more parking . Mr. Herzing said he would have more than enough parking . He would not be using all the parking spaces. Director of Building and Zoning Frost said there are only two parking spaces that encroach into the front yard setback. Mr. Herzing said he needs that area for the tanker trucks to get to an area to fill the tanks. If those spaces are not there he would still be using that space. Chairman Stotz said there would be a picnic area in the front yard , and asked if that would be for anyone to use. Mr. Herzing responded , yes. There will be some landscaping around the picnic area. That is another consideration for the final plan approval from the Planning Board . ENVIRONMENTAL ASSESSMENT , Chairman Stotz asked Mr. Herzing if he plans any outdoor activities in the summer time such as BBQs. Mr. Herzing responded , no . The existing use he has will stay the same. There are no plans for • the future to change that. TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14, 1998 APPROVED - FEBRUARY 11, 1998 PAGE 14 Planner Balestra said Mr. Herzing has received preliminary site plan and subdivision approval . The outdoor lighting and landscaping are conditions of the approval. The Planning Staff recommends a negative determination of environmental significance. MOTION made by Ronald Krantz, seconded by James Niefer: RESOLVED, that this board makes a negative determination of environmental significance to Michael Herzing 's Big AI 's Hilltop Quikstop, 1103 Danby Road, Town of Ithaca Tax Parcel No. 43- 2-11 -2 , Business District "C" , based upon the review by the Town of Ithaca Planning Department. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Kirk. NAYS - None. The motion was carried unanimously. MOTION made by Harry Ellsworth , seconded by Ronald Krantz : RESOLVED, that this board grant the appeal of Michael Herzing of Big AI 's Hilltop Quikstop at 1103 Danby Road, Town of Ithaca Tax Parcel No. 43-2-1 , -2, Business District "C", to be permitted to raze and rebuild a non-conforming gasoline station/convenience store based on the following conditions : • 1 . ) That the gas containment below grade will remain the same ; 2 . ) That the hours of operation be limited to 6 : 00 a. m . to 1 : 00 a. m . on Fridays and Saturdays and 6 : 00 a. m . to midnight Sunday through Thursday; 3 . ) That during the hours when he is not in operation that all lights be extinguished , except those that are necessary for safety and security; and 4. ) That the proposal complies with Article XIV, Section 77 , Paragraph 7 , Sub-paragraphs a-h of the Town of Ithaca Zoning Ordinance. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Kirk. NAYS - None. The motion was carried unanimously. The last appeal to be heard by the board was as follows : APPEAL of Donald F. And Barbara Holcomb, Appellants, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to • maintain a single-family home with a front yard setback of 23 feet (25 feet required) at 141 Northview Road , Town of Ithaca Tax Parcel No. 52-147, Residence District R-15. TOWN OF ITHACA_ ZONING BOARD OF APPEALS - JANUARY 14 1998 APPROVED - FEBRUARY 11, 1998 PAGE 15 . Director of Building and Zoning Frost said it was the Holcomb's consideration for subdivision that the Building and Zoning Department did a little research . A building permit was issued in 1956 for this property. When the house was built it was built two feet closer to the road than required. Phillip Winn , 80 North Street, Dryden , said he is representing Donald and Barbara Holcomb. Back in 1956, the Holcombs became owners of this property. The building permit was issued approximately 42 years ago. He understands that the building permit showed a 25 foot setback. The recent survey that was prepared based on the perspective sale of this property indicates that it is approximately 23 feet. Considering the factors for granting an area variance would be if there would be an undesirable change. This house has been there for over 40 years, and they are not proposing any changes. There are no adverse effects on the neighborhood , and the hardship was not self created . Mr. Winn respectively requests that this variance be granted . There are two corner points, and if the road is projected between those points the property would be in compliance. Only when the surveyor assumed the road curved , which it does, that to the west the road curves the other way. The question is where is the road limit, and the 23 feet on the map would be the minimum . Chairman Stotz opened the public hearing . Donald Holcomb, 141 Northview Road, said the only thing he suggests coming out of this, looking towards the future for cases such as this, does 23 or 25 feet depend upon the appropriate radius curvature of the road at that particular point. There may be cases in the Town of Ithaca in which the radius of curvature of the road is in fact nailed down that the Town may find more cases of this sort. • Chairman Stotz closed the public hearing . Attorney Barney said Northview Road was conveyed to the Town to pick up the arch . Mr. Winn said it should have, and there have been a lot of changes in the boundary lines in this subdivision . This house was built a few years after the Zoning Ordinance came into effect. MOTION made by Ronald Krantz, seconded by Harry Ellsworth : RESOLVED , that this board grant the appeal of Donald and Barbara Holcomb of 141 Northview Road , Town of Ithaca Tax parcel No. 52-1 -17 , Residence District R-15 , to be permitted to maintain a single-family home with a front yard building setback of no less than 23 feet where 25 feet is required and meets all the requirements of Town Law Section 267 B and C. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz , Niefer, Kirk. NAYS - None. The motion was carried unanimously. Director of Building and Zoning Frost said the next Zoning Board of Appeals meeting will be held February 11th . • MOTION made by Ronald Krantz, seconded by James Niefer: RESOLVED , that this board elects Harry Ellsworth as Vice Chair of the Zoning Board of Appeals. TOWN OF ITHACA ZONING BOARD OF APPEALS - JANUARY 14 1998 APPROVED - FEBRUARY 11 1998 PAGE 16 • A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer, Kirk. NAYS - None. The motion was carried unanimously. Chairman Stotz adjourned the meeting at 8 : 45 p. m . . Deborah Kelley, Keyboard Specialist/Minutes ecorder David Stotz, ha man • 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 hearinLs to be held by the Town of Ithaca Zoning Board of Anneals in Town Hall , 126 East Seneca Street Ithaca New York on Wednesday. January 14, 1998, 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: January 6. 1998 Date of publication: January 9, 1998 • Q J Dani L. Holford, Building and WZoningpartment Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 9th day of January, 1998 . No ry Pub PETTv, I s NOTARY PUBLIC STATE OF NEW YORK # 4646 427 r , F I NJ A L TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PLBLIC HEARINGS WEDNESDAY , .JANUARY 14, 1998 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. January 14 , 1998, in Town Hall, 126 East Seneca Street, ( FIRST Floor. REAR Entrance. WEST Side), Ithaca. N . Y . . COMMENCING AT 7 : 00 P. Nt . . on the following matters : APPEAL. of Barbara Kazyaka, Appellant. Alfred Eddy. . Landowner, requesting a variance from the requirements of Article V. Sections 18 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a push cart food service business at 827 Elmira Road. Town of Ithaca Tax Parcel No. 35 - 1 - 10 . 1 , Residence District R-30 . Said Ordinance would not allow such a business operation in a residential zone. APPEAL of Ithaca College, Appellant, Robert O ' Brien , Agent, requesting a special approval under :Article V. Section 18 of the Town of Ithaca Zoning Ordinance. to be permitted to erect a small observatory on the Ithaca College campus, 953 Danby Road. Town of Ithaca Tax Parcel No. 41 - 1 - 30 . 2 , Residence District R- 30 . A variance from the requirements of Town of Ithaca Local Law .' 7. 1988 . requiring the installation of a sprinkler system within the observatory is also being requested under Section 9 of said Law. • APPEAL of Michael Herzing, DBA Big Al ' s Hilltop Quikstop. 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 raze and rebuild a nonconforming gasoline station/convenience store at 1103 Danby Road. Town of Ithaca Tax Parcel No. 43 -2 - 11 -'. Business District C . The sale of gasoline is only permitted in Business D zones. APPEAL of Donald F. and Barbara Holcomb. Appellants, requesting a variance from the requirements of :Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to maintain a single- family home with a front yard building setback of 23 feet (25 feet required) at 141 Northview Road. Town of Ithaca Tax Parcel No. 52- 1 - 17, Residence District R- 15 . 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 : January 6 . 1998 Publish : January 9 . 1998