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HomeMy WebLinkAboutZBA Minutes 1998-11-04 FIS TOWN ITHACA 9 • TOWN OF ITHACA ZONING BOARD OF APPEALS G®Pk -- ' WEDNESDAY, NOVEMBER 4 , 1998 7 : 00 p . m . APPEAL of Trinity Lutheran Church , Appellant, Tammi Aiken , Agent, requesting a Special Approval under Article IV, Section II fo the Town of Ithaca Zoning Ordinance to be permitted to construct a new parking lot on the premises of the church property located at 149 Honness Lane , Town of Ithaca Tax Parcel Nos . 58-2-4 and 58-2- 5 , Residential District R- 15 . A variance from Article IV, Section 14, of said Ordinace is also being requested to permit parking spaces to encroach within the required 15-foot side yard open space setback on the properties west side . A variance from Section 3 .02- 1 of the Town of Ithaca Sign Law is also abeing requested to permit the church to maintain two freestanding signs on the property, whereas only one is permitted . APPEAL GRANTED APPEAL of Cornell University, Owner/Appellant, Paul Sarokwash , Agent, requesting an extension of time limited Special Approval granted by the Zoning Board of Appeals (on 2- 10-92) under Article V, Section 18 , Subsection 3(b) of the Town of Ithaca Zoning Ordinance , to erect 4, 200 square feet of temporary offic space at Cornell University Wilson Laboratory, Town of Ithaca Tax Parcel No . 63 - 1 -8 .2 , located adjacent to New York State Route 366 , approximately 600 feet westerly of Judd Falls Road , Residence District R-30 . APPEAL GRANTED SIAPPEAL of C . Hadley Smith , Owner, John Vasse , Bent, requesting variances from the requirement of Article IV, Section 13 and 14, of the oti Zoning Ordinace to be permitted to create a building lot by subdivision which will result in an existing home being located 15 ± feet from the road right-of-way (25-foot setback required) and an existing accessory building being located on the rear property line (3 -foot setback required) , at 543 Elm Street, Town of Ithaca Tax Parcel No . 29 -7-5 , Residence District R- 15 . APPEAL GRANTED FUM TOWN OF tTf ArA TOWN OF ITHACA ZONING BOARD OF APPEALS oe% I IIy i qq__ • WEDNESDAY , NOVEMBER 4, 1998 7 : 00 p . m . PRESENT : Chairperson David Stotz, Harry Ellsworth , Ronald Krantz , James Niefer, Kirk Sigel , Andrew Frost, Director of Building/Zoning; John Barney , Attorney for the Town ; George Frantz , Assistant Town Planner. OTHERS : Tammi Aiken , Michael Thompson , Rob Foote , Paul Sarokwash . Chairman Stotz called the meeting to order at 7 : 08 p . m . , stating that all posting, publication , and notification of the public hearing had been completed and were in the same order. The first appeal to be heard by the board was as follows : APPEAL of Trinity Lutheran Church , Appellant, Tammi Aiken , Agent, requesting a Special Approval under Article IV, Section II of the Town of Ithaca Zoning Ordinance to be permitted to construct a new parking lot on the premises of the church property located at 149 Honness Lane , Town of Ithaca Tax Parcel Nos . 58-2-4 and 58-2- 5 , Residential District R- 15 . A variance from Article IV, Section 14 , of said Ordinance is also being requested to permit parking spaces to encroach within the required 15-foot side yard open space setback on the properties west side . A variance from Section 3 . 02- 1 of the Town of Ithaca Sign Law is also being requested to permit the church to maintain two freestanding signs on the property, whereas only one is permitted . Tammy Aiken , TG Miller Engineers , stated the project received SEQR Determination and Site Plan Approval from the Planning Board . Director of Building and Zoning Frost stated the sign ordinance would allow two free standing signs . The church has one that announces the name of the church . The second has a cross that is a separate symbol that conveys a message that it is a sign . Therefore , the church would have two free standing signs . The Planning Board debated whether to consider a cross a sign . They then passed it on to the Zoning Board of Appeals for decision . Ms . Aiken stated the proposed sign is within the 24 square foot allowed and its placement is fifteen foot setback from the front property line . Director of Building and Zoning Frost stated the sign is 21 feet from the property line . Ms . Aiken stated the placement of the parking lot is adjacent to the church 's other property at 58-2- 5 . The parking is abutting and contiguous to the property line . The zoning law requires a fifteen foot setback for all structures . They need a variance to put the parking structure within the side yard setback. Ms . Aiken stated there is an allowance for a right-of-way through that area . Chairman Stotz asked for the figures on how far it encroached on the property line . Director of Building and Zoning Frost stated on the east side it abuts the property line . Mr. Sigel asked what is the size of the bike path . ZONING BOARD OF APPEALS 2 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED • Ms . Aiken stated the bike path is ten feet wide and a variance may be needed in that area also . Director of Building and Zoning Frost stated enclosed in the packet is a 1964 variance being granted to the church to allow parking in the front yard . Mr. Sigel asked if variance has been granted for less than fifteen feet setbacks or to have the parking in the front yard . Chairman Stotz asked if the east or west side of the property is being discussed . Director of Building and Zoning Frost stated the intent is the east side . Chairman Stotz asked if the west side is in question . Mr. Ellsworth stated the bike path is the church 's property so the setback is still included . Assistant Town Planner Frantz stated the bike path will be on an easement granted by the church . The presence of a town bikeway would not be affecting their setbacks . Chairman Stotz asked if there will be a lane in the parking lot for bicycles . Michael Thompson , Chairman of Congregation , stated there is a proposal by the town to develop a bike lane •along the western edge . Ms . Aiken stated the bike path will not be included in the church 's pavements . Assistant Town Planner Frantz stated the bikeway is not related to the church proposal . It is a separate project. Mr . Ellsworth asked if the bikeway is outside the setback . Attorney Barney stated the setback is started from the property line . The bikeway is within the fifteen feet. The bikeway is not part of this appeal . Mr. Ellsworth stated Honness Lane was redone . He is across the street from the church . The road has nine or ten foot road shoulder and it looks like a super highway. The bikeway is already planned and laid out and is part of the reworking of the lawns . Assistant Town Planner Frantz stated he does not know of any discussion of having bike lanes as part of the current Honness Lane project . It has been discussed to have the bicycles on Honness Lane use the roadway. There is a possibility of a walkway on the north side of Honness Lanes . It may be done as part of the church project, or a separate project. The proposed bikeway is for the future . Chairman Stotz asked if the house on the adjoining property where the minister lives . ZONING BOARD OF APPEALS 3 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED Mr. Thompson stated no . The property was purchased for a variety of uses . Currently , there is a refugee Wmily living there . Chairman Stotz asked if there were plans to sell the property . Mr. Thompson stated the intent of retaining the property as two separate tax parcels is for the possibility that the use of the house would become taxable . Chairman Stotz stated he is concerned if some point in the future the property was sold and having the parking lot visible from their home . Mr. Thompson stated there is a row of Cedars to block the parking from the house . Chairman Stotz asked if any drainage problems have been dealt with . Ms . Aiken stated drainage has been addressed and was part of SEQR review . The Town Engineer reviewed the drainage and was approved by the Planning Board . Director of Building and Zoning Frost stated the Planning Board approved the site plan . Mr. Ellsworth asked if the Planning Board passed any conditions in the resolution that the Zoning Board of Appeals would need to know about. Ms . Aiken stated the PlanningBoard had a condition that the appeal to be approved b the Zoning Board of PP PP Y g Appeals . Assistant Town Planner Frantz stated the conditions passed by the Planning Board were the Zoning Board of Appeals grant the required special approvals and any required variances , submission of construction details of proposed improvements . There was a condition to revise the landscaping between the drive and the residence to the west. The approval was Preliminary and Final Site Plan approval . Chairman Stotz asked if the church owns the property back to West View Lane , Ms . Aiken responded yes . Chairman Stotz asked if the church has any future plans for that parcel . Mr. Thompson stated in the short term the church did not. In fifteen or twenty years when the church expands they will need to expand the sanctuary into that area . Director of Building and Zoning Frost stated it would be unlikely for the church to sell the house . Mr. Thompson stated the church would not sell the house . The only option they would consider is to •consolidate the lots , ZONING BOARD OF APPEALS 4 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED Mr. Sigel stated the church needs a variance for the west side as well as the east. The original special *approval does not mention a west side setback and it appears to be less than fifteen feet . Assistant Town Planner Frantz stated the corner of the parking lot does encroach on the fifteen . Ms . Aiken stated on the plan she passed out the existing parking is outlined in dashed lines . Mr. Ellsworth how many parking spaces were they proposing. Ms . Aiken stated the church currently has sixty parking places and they would like to expand to about 110 parking spaces . Chairman Stotz asked where church members have been parking. Mr . Thompson stated they have been parking around the circle and on the grass . Ms . Aiken stated the parking spaces are one foot wider than regulation and they could be condensed . Attorney Barney stated it has been advertised for a variance on the west side and another is needed on the east side . Mr . Ellsworth stated the church owns the property on the east side and can be a condition that the church •can not sell the property separately. Director of Building and Zoning Frost asked for the applicants to clarify the type of signage the church is going to have . Mr. Thompson stated their intention is to move the current sign to the West View side of the property . Ms . Aiken stated it is marked on the site plan as relocated monument near the existing stone path . Mr . Thompson stated it is for identification from West View Lane , Ms . Aiken stated the location was selected for a couple of reasons . It is the foot path entrance to the church and is visible from the sanctuary . Director of Building and Zoning Frost stated the church is removing the sign from the front yard and moving it to the back yard . Mr. Thompson stated that is correct. In the sign hand -out, the first two pages are the new sign to be placed on the Honness Lane edge of the property. It consists of two signs at 90 degree angles to each other. It allows the sign to be visible for traffic traveling in both directions . There will be a cross in the center of the 90 degree angle . The signs are 12 square feet each . The total is 24 square feet for the sign . The cross will stand behind the signs . • ZONING BOARD OF APPEALS 5 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED Director of Building and Zoning Frost stated there are two signs and only one is allowed . The larger issue is •does the cross count in terms of height and other items limited by the sign ordinance . Ms . Aiken stated the cross will be interpreted as part of the sign because of the location . Director of Building and Zoning Frost stated it is part of the sign because of its height and it will influence the square footage of the sign . Ms . Aiken stated the church has considered moving the cross away from the sign , so that it stands by itself. Attorney Barney stated it will still be a problem if the cross is interpreted as a sign . In the sign ordinance a sign is interpreted as anything that conveys a message . If there is a large yellow " M , " would that be a sign , does it convey a message . It still conveys a message as does a cross and would require a variance . Mr. Krantz stated that the sign ordinance would count each cross as a separate sign on any church . Attorney Barney stated the way the ordinance reads , yes , if it is outside and visible . Director of Building and Zoning Frost stated most churches have crosses on top of the church and should be contemplated as a sign . There are many churches in that case in non-compliance with the sign law because they have more than one wall or building sign . Attorney Barney stated the definition may need to be changed . He does not know if he wants to make that generalization until each church has been analyzed . Mr. Krantz stated many churches have small grave yards connected to them . Attorney Barney stated memorial markers in a cemetery are not considered a sign . Ms . Aiken stated if the cross is considered part of the sign , then the church knew they would need to conform to all the sign laws . However , if the cross is taken away from the sign and viewed as something different, there would not be the same square footage requirements . Attorney Barney stated the cross should be considered a sign and seek a variance for what the church would like to do . Mr. Thompson stated in 1970 the Zoning Board of Appeals granted a variance or approval for the existing monument in the front. He has the letter the requesting approval for the sign . Assistant Town Planner Frantz stated he recalls seeing a file on that sign . Mr. Thompson stated the letter requested approval to construct the sign . . Mr. Sigel asked if the monument being moved to the back is being considered a sign . ZONING BOARD OF APPEALS 6 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 91 1998 - APPROVED - APPROVED - APPROVED • Ms . Aiken stated yes . Mr. Thompson stated the existing sign board will be removed . The figure on page one of the sign hand-out as one sign . It is an integrated sign that the church is requesting variance for . Mr. Ellsworth asked if the cross will remain within the 90 degree angle of the sign . Mr. Thompson stated that is their first choice . Mr. Sigel stated if the cross structurally held up something it would not be considered a sign . Director of Building and Zoning Frost stated without a permit the church would be allowed to have a wall and a free standing sign on church property with square footage not greater than 24 square foot, and the height can not exceed six feet. If the cross was physical support for the rest of the sign it would not be included . Chairman Stotz opened the public hearing at 7 : 42 p . m . , and asked if members of the public wished to be heard . Robert Foote , Pastor of Trinity Lutheran Church , stated he was in a parsonage is Pennsylvania and the Pennsylvania requirements said that if you were in a parson it has to be taxable property . He assumed the New York State law is the same thing. The church is anticipating having staff people live in the house in the future . . With no other persons present to be heard , Chairman Stotz closed the public hearing at 7 : 43 p . m . Mr. Ellsworth stated the appeal is requesting a west side setback that needs a variance , a variance for the east side setback , and a variance for two signs . Director of Building and Zoning Frost stated it would not only be having more than one freestanding sign , but to have a sign with a height that is five feet over the six feet limit. Mr . Thompson stated that would depend upon how the cross is counted . Director of Building and Zoning Frost stated the sign ordinance takes the smallest rectangle that would circumscribe the sign plus the cross . The pedestal would be excluded because it is the support. Mr. Ellsworth stated there will be three variances , one for the west side , one for the east side , and the variance for the signs . Ms . Aiken stated the existing cross needs a variance , the one that is going to the back of the property. Chairman Stotz stated a variance will also be needed to exceed the limit on the signs . Could the sign variances be made as one? • Director of Building and Zoning Frost stated it could be done as one . ZONING BOARD OF APPEALS 7 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED •ENVIRONMENTAL ASSESSMENT : Assistant Town Planner Frantz stated staff did an environmental assessment for the Planning Board and the Zoning Board of Appeals . The major issues were impact on drainage . The proposed storm water detention facilities will be adequate to handle additional run-off that will be created by the new parking lot. There is some concern on the part of the neighbors on subsurface drainage . The Town staff do not feel that will create problems downhill of the project. Part of the design of the parking lot there is a series of drain trenches , four feet deep . They will intercept a lot of the current subsurface drainage . The parking lot is not going to add to the existing problems . The Planning Board discussed the landscaping and the need for additional buffering. The church has agreed to develop a plan that does provide more Conifers planted to the west of the parking lot. Mr. Ellsworth asked where is the retention pond . Assistant Town Planner Frantz stated the retention pond is in the southeast corner of the property. They will be collecting the water in a series of catch basins and under drains . Chairman Stotz asked where the twenty-one trees being removed are located . Assistant Town Planner Frantz stated nine Norway Maple , a Cherry , an Ash , a Maple , and several trees in a clump will be removed . There are also some in the front yard area along the eastern and western side . Staff recommends that the board grants a negative determination of environmental significance . • MOTION made by Harry Ellsworth , seconded Ronald Krantz . RESOLVED that this board make a negative determination of environmental significance in the matter of the Trinity Lutheran Church , requesting a Special Approval under Article IV, Section II of the Town of Ithaca Zoning Ordinance to be permitted to construct a new parking lot on the premises of the church property located at 149 Honness Lane , Town of Ithaca Tax Parcel Nos . 58-2-4 and 58-2- 5 , Residential District R- 15 . A variance from Article IV, Section 14 , of said Ordinance is also being requested to permit parking spaces to encroach within the required 15-foot side yard open space setback on the properties west and east sides . A variance from Section 3 .02 - 1 of the Town of Ithaca Sign Law is also being requested to permit the church to maintain two freestanding signs on the property, whereas only one is permitted . A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz , Niefer, Sigel . NAYS : None . ABSTENTION : None . The motion carried unanimously. Chairman Stotz asked how the board felt about granting three separate motions . One the special approval lefor the parking lot, the variance for the setbacks on the east and west sides , and a variance for the motion of the signs . ZONING BOARD OF APPEALS 8 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED • The board agreed to make three separate motions . Mr . Ellsworth asked how the neighbors felt about the project. Mr. Thompson state the neighbors are still very concerned about the removal of the Norway Spruces . The neighbors are content that they have had time to review the water management plans and are satisfied it is adequate . They were satisfied with the reduction of the parking lot and the scope of the southwest corner . Attorney Barney stated there were concerns expressed at the Planning Board concerning the height of the parking lot would result in the potential of lights shining into homes . The response was the parking lot is not likely to be used much at night. Mr. Thompson stated it would be lighting only during the Christmas and Easter season that would be about ten nights a year. Mr. Foote stated there are lights on the building that go off at midnight and the light on the signs turns off at about 10 : 00 p . m . Chairman Stotz asked if the sign being moved would be lit. Mr. Thompson stated the sign would not be lit. • MOTION Kirk Sigel , seconded by Ronald Krantz. RESOLVED , that this board grant the appeal of Trinity Lutheran Church , requesting a variance from Article IV, Section 14 , of said Ordinance to permit parking spaces to have an east side setback of 0 feet, and a west side setback of not less than 13 feet, located at 149 Honness Lane , Town of Ithaca Tax Parcel No . 58-2-4 and 58-2 -5 , Residential District R- 15 . The variance meets the requirements from Article XIV, sub Section 7 , subparagraphs a-h , with the following conditions : a . Meeting conditions established by Planning Board at November 3 , 1998 meeting, and the same remain applicable , b . That the parking lot be constructed substantially in the location as shown on the site plan , and the variance does not permit a 0 foot side yard parking lot in any other location other than shown on the site plan , nor a dimension less than 13 feet in any place other than on the southeast corner of the Ufford property. A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz , Niefer , Sigel , NAYS : None . 10ABSTENTION : None . ZONING BOARD OF APPEALS 9 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED The motion carried unanimously. Attorney Barney asked what is the dimension of the cross being moved . Mr. Thompson stated its current height is 16 feet. Ms . Aiken stated the 16 feet include a 4 foot pedestal structure . Director of Building and Zoning Frost stated the pedestal has Trinity Lutheran written on it. Mr. Thompson stated the sign is 120 square feet. Chairman Stotz asked for the dimension of the other sign . Director of Building and Zoning Frost stated it will be 54 square feet. It excludes the lower 36 inches of pedestal and support. Mr. Sigel asked if the sign law addresses signs that are not all on one plane . Attorney Barney stated it is measured by the smallest rectangle circumscribing one face of the sign panel , or sign symbol , or grouped panels or symbols , inclusive of decorative appendages but, exclusive of supports . • Mr. Sigel stated it seems as if these could be considered as two signs that touch . Attorney Barney stated the ordinance defines a freestanding sign as a sign affixed to the ground independent of any adjacent building or structure . Assistant Town Planner Frantz asked what the base of the relocated sign made out of. Mr. Thompson stated it is made out of stone . Assistant Town Planner Frantz stated the church would like to demolish the base and reconstruct it, and would like to have Trinity Lutheran written on it. It is very difficult to take a structure like this a part, move it, and reassemble it. The adjoining neighbors were notified of this project. There were no concerns or objections raised about the proposed relocation of the monument at the Planning Board public hearing. The question of the Planning Board was if a cross is a sign . Attorney Barney asked if it would be possible to make a smaller base for the structure . Mr. Thompson stated it depends upon how well the structure can be moved intact. Chairman Stotz stated there is two purposes for a sign . One is to let people know a facility is there , a the other is for advertising. Which category does the back sign fit into . • ZONING BOARD OF APPEALS 10 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED Mr. Thompson stated it fits into a third category that is the monument is visible from the sanctuary during Worship . Beyond that it is identifying the location of the walkway path leading up the hill to the church . Assistant Town Planner Frantz stated one of the reasons he felt the sign would not be intrusive is because it is setback from the street. The church is maintaining the road of Conifer trees . People traveling West View Lane will not be seeing the entire sign from all directions . There are a lot of vegetation in the area that will block the sign from the neighbors . MOTION made by Harry Ellsworth , seconded by Ronald Krantz. RESOLVED , that this board grant the appeal of Trinity Luther Church , requesting a variance from Section 3 . 02 - 1 of the Town of Ithaca Sign Law to be permitted to erect a new freestanding sign within the north side of the property being 60 square feet maximum . Also be permitted to relocate an existing freestanding sign near the south boundary of the property being no more than 130 square feet understanding the intent is to remove and use the current base and if unpracticle a smaller base will be built, located at 149 Honness Lane , Town of Ithaca Tax Parcel No. 58-2-4 and 58-2 - 5 , Residential District R- 15 . The variance meets the requirements from Article XIV, sub Section 7 , subparagraphs a- h , with the following conditions : a . That in granting the approval the board has taken into consideration that the sign in question actually takes up much less square footage than the rectangle would inscribe it, b . The signs be located substantially as shown on the site plan , sheet CO 1 , • C . That the motion be contingent upon the requirement that the relocated monument on the south side not be lit, and that reasonable efrorts be made to maintain the current line of screening provided by the trees . A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz , Niefer, Sigel . NAYS : None . ABSTENTION : None . The motion carried unanimously. MOTION made by Harry Ellsworth , seconded by Kirk Sigel . RESOLVED , that this board grant the appeal of Trinity Lutheran Church , requesting a special approval to construct a new parking lot as shown on Site Plan CO I dated August 17 , 1998 amended through October 21 , 1998 , located at 149 Honness Lane , Town of Ithaca Tax Parcel Nos . 58-2 -4 and 58-2 - 5 , Residence District R- 15 . The special approval meets the requirements of Article XIV, sub Section 7 , subparagraphs a- h , with the following condition : • a . That the approval is subject to the conditions of the Planning Board . ZONING BOARD OF APPEALS I I NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED •A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz, Niefer, Sigel . NAYS : None . ABSTENTION : None . The motion carried unanimously. The second appeal to be heard was as follows : APPEAL of Cornell University, Owner/Appellant, Paul Sarokwash , Agent, requesting an extension of time limited Special Approval granted by the Zoning Board of Appeals (on 2- 10-92) under Article V, Section 18 , Subsection 3(b) of the Town of Ithaca Zoning Ordinance , to erect 4, 200 square feet of temporary office space at Cornell University Wilson Laboratory , Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 , located adjacent to New York State Route 366 , approximately 600 feet westerly of Judd Falls Road , Residence District R-30 , Paul Sarokwash , Cornell University, stated the reason for the extension is NSF funding for another five years for the scientist at Wilson Laboratory . They would like to continue to using the facility for five more years to house researchers . • Director of Building and Zoning Frost stated this appeal has had Planning Board approval . Chairman Stotz asked if the facility will continue to be used for the full five years for the same purpose , same number of people . Mr. Sarokwash responded yes , and it will be fewer people not more . Director of Building and Zoning Frost stated he has not had any complaints about the building by occupants or neighbors . Mr. Sigel asked if its usefulness will expire in five years or will it be ongoing. Mr. Sarokwash stated the usage of the building is determined by the town . He did not know if they would need another five year approval after this current one expires . Assistant Town Planner Frantz stated Wilson Laboratories hopes to have funding in the future to build a permanent addition . Mr. Sarokwash stated the Planning Board decided that five years would be sufficient. ENVIRONMENTAL ASSESSMENT : • ZONING BOARD OF APPEALS 12 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED Assistant Town Planner Frantz stated staff recommends a negative determination . Staff has not received any •complaints . Chairman Stotz opened the public hearing at 8 : 30 p . m . , and asked if any persons wished to be heard . With no persons present to be heard , Chairman Stotz closed the public hearing at 8 : 31 p . m . MOVED by Harry Ellsworth , seconded by James Niefer. RESOLVED that this board make a negative determination in the matter of Cornell University , requesting an extension of time limited Special Approval granted by the Zoning Board of Appeals (on 2- 10-92) under Article V, Section 18 , Subsection 3 (b) of the Town of Ithaca Zoning Ordinance , to erect 4 , 200 square feet of temporary office space at Cornell University Wilson Laboratory, Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 , located adjacent to New York State Route 366 , approximately 600 feet westerly of Judd Falls Road , Residence District R-30 . A vote on the motion resulted as follows : AYES : Stotz, Ellsworth , Krantz , Niefer , Sigel . NAYS : None , ABSTENTION : None . The motion carried unanimously. MOTION made by David Stotz , seconded by Harry Ellsworth . RESOLVED that this board grant the appeal of Cornell University, requesting an extension of time limited Special Approval granted by the Zoning Board of Appeals (on 2 - 10-92) under Article V, Section 18 , Subsection 3(b) of the Town of Ithaca Zoning Ordinance , to erect 4 , 200 square feet of temporary office space at Cornell University Wilson Laboratory , Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 , located adjacent to New York State Route 366 , approximately 600 feet westerly of Judd Falls Road , Residence District R-30 , with the following conditions : a . That the additional time period does not go beyond October 1 , 2003 , b . And this extension is based upon recommendations by the Planning Board detained in their resolution of October 16 , 1998 . A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz , Niefer, Sigel . NAYS : None . • ABSTENTION : None . ZONING BOARD OF APPEALS 13 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 91 1998 - APPROVED - APPROVED - APPROVED The motion carried unanimously . • The third appeal to be heard was as follows : APPEAL of C . Hadley Smith , Owner, John Vasse , Agent , requesting variances from the requirement of Article IV, Section 13 and 14, of the Town of Ithaca Zoning Ordinance to be permitted to create a building lot by subdivision which will result in an existing home being located 15 ± feet from the road right-of-way (25-foot setback required) and an existing accessory building being located on the rear property line (3 -foot setback required) , at 543 Elm Street, Town of Ithaca Tax Parcel No . 29 -7- 5 , Residence District R- 15 . Director of Building and Zoning Frost stated the next appeal is two very elderly people who are trying to do their neighbor a favor. Assistant Town Planner Frantz stated John Vasse has a severe fracture of his arm . As a friend to Mr. and Mrs . Smith he has been handling the appeal . Mr. Smith had a severe stroke about a year ago and is bedridden . Mrs . Smith is in a wheel chair. Assistant Town Planner Frantz stated this is a subdivision in which by taking land from Smith property and giving it to a neighboring property, a building lot has been created . While the building lot the Smiths own is legally non-conforming, the modification by reducing the lot area makes a new lot and the Attorney for the Town advised to have a variance . Chairman Stotz stated the piece of property is being conveyed to the Nichols . Director of Building and Zoning Frost stated they are conveying land to the west. Assistant Town Planner Frantz stated staff recommends the Zoning Board of Appeals grant the appeal . Mr. Sigel asked if the newly created lot be non-conforming. Assistant Town Planner Frantz stated the problem is the house is too close to the road right-of-way. The newly created 0 . 311 acre lot must be consolidated with the lot at 551 Elm Street as a requirement of the Planning Board resolution . When the paperwork is complete , parcel b will become part of the adjacent parcel . Mr. Sigel asked if that parcel has a house on it. Assistant Town Planner Frantz stated yes . The house is owned Peter and Dianne Nichols and would like the strip of land for more privacy. No building lots are created . MOTION made by Kirk Sigel , seconded by Ronald Krantz . RESOLVED , that this board grant the appeal of C . Hadley Smith , requesting variances from the requirement of Article IV, Section 13 and 14 , of the Town of Ithaca Zoning Ordinance to be permitted to create a building lot by subdivision which will result in an existing home being located 15 ± feet from the road right-of-way (25-foot setback 1 ZONING BOARD OF APPEALS 14 NOVEMBER 4, 1998 APPROVED - APPROVED - APPROVED - DECEMBER 9, 1998 - APPROVED - APPROVED - APPROVED required) and an existing accessory building being located on the rear property line (3 -foot setback required) , at 543 Olm Street, Town of Ithaca Tax Parcel No . 29-7- 5 , Residence District R- 15 , with the following conditions : a . That the recommendations of the Planning Board be incorporated , contained in the October 20 , 1998 resolution . A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz, Niefer, Sigel . NAYS : None . ABSTENTION : None . The motion carried unanimously , OTHER BUSINESS : Director of Building and Zoning Frost stated in the monthly report is states that more building permits were issued this past October since 1994 . Assistant Town Planner Frantz stated Cornell University has applied for special approval and a variance for • lights at their new soccer and track complex at Schoellkopf. Chairman Stotz adjourned the meeting at 8 : 44 p . m . 10 111 ,19q CCarrie L . eCoates , inutes ecr tary . David torson •