HomeMy WebLinkAboutZBA Minutes 2000-10-11 Town of Ithaca Zoninq Board of A2peals FILE d
Wednesday, October 11 2 200
APPEAL E Reiocatior; Resv4: rces , vner. Af;ella€ €° , Allafr" rhwwAgent , fw: fs
v ariunce ro€� the requirements of Article I �� , Section 14 of the Toti�n =of It;� aca Zoning Ordinance , to
be permitted to maintain an existing single,, amily i-tonne with a nor°h side nerd building setback of 14 . E
ft�e;t 1, 15 foot setback req ;. ; iced) , located at 12 Chase Ivan €; , Town ,,f Ithaca Tax Parcel No , 4;srt1 � ,3�? >
Residence District R- 16 .
APPEAL GRANTED
APPEAL cif Aung San , Appellant, requesting authorization from thin- Zoning Board o Aipipeals under
Article, XII , �.fction 54 of :he TOwn of Ithaca Zoning OrdinaF100, : t, be, permitted to er, l'arge, a
:� c�: c����ft renin building with the addition of an 12 ' x 1 +1 = outside woo deck at the building rear
located at 431 �S.. :atervil .e Road . Town of Ithaca Tax Parcel N -N- . 58� 1 ""I.4 .2 , Res ;dt:�r. ce Dist ict R - 15 .
-Said building is nonconforming in that an afta.ch €,d carport is 5 + feet frorr; the west s% id(-, I £,t lir: .. ( 1 (0
foot setback requ € red; .
APPEAL ADJOURNED
APPEAL of Robert P . Andree , Appellant, requesting e, variance frorn the. Zoning Board C.}' Appeal
ofuridE; r t ction 8. NO,5w3 £3f the TC;1�+1r1 � Ithaca ia n7ig n Law Io f;hanC;t� n £)fl £;£3n$orf l ` r� f� {;i� r: ��3y igr3 : and
egt'; ; p€rent identification signs at the East Hill Citgo . located at w4 `•. Pine Tree R415-i ?ig
' . T4=t,��n of Ithalva
e
Tax Parcel N . 62m2� 1 . 16 , Business District "D" . Said canopy signs are nvncOmf because prier
to ctober 3 , 1196 (the effective nate of fhe currenSion I...a 'l most can ;,.oy sitgns and equipment
identificat 'on signs were not regulated ,
APPEAL ADJOURNED
.APPEAL ;f Cornell Universit 0?,: er/Acnoellant , Robert McIntyre , Bovis Lend Leave LMB , Inc . ,
r -� r- r e -,o- r r y -�
Agent , ret� i., estlE s�se l;� l ;� rs�val under- .Ar. icle V , Sed- ion 18 of the •�•r�wn of lthac; Znr% ins=
w
Ordinance , for the proposed additio€ of a tempotra €�y= € odular facility { until the year 20W to serve the
Wlison Labor�Atory Synchrotron , ioctated off of th , Dridon Road , Town of Ithaca Trac Pa :c } I No . 63- 1
8 . 2 . Residence I:) isfrict R"W . In addition to the 000 .+.. square foot modular structure , also proposed
is the relr�ca € i£�r , of 6 parkingspa;;ew ,
The Special Agpros� al requests add ti;:}r' ally include a request
to rnaintain an existing 4 , 20 sq ; ; are foot modular facility until the year 20(18 ,
APPEAL G ANT
Town of !theca Zoning Board of Aeals
Wednesday, October 111 2000
7 : 00
PRESENTv. David Sto .z, Chairperson ; Marry El : sworth , Board Member; Ronald Kt nBoar:
Member; James Niefer, Board Member; Kirk Sigel , board Member: Andrew l: rost , l:; ire^Wr f
Plar� � ir ; , ohn Darr ey. Attorney for the Townz : �?8 p . n0 : M1ke Smith planner.
ALSO PRESEI Tx K.aitlin Love € l , 453 Ridge Roud ; Betty Bortz, Cornell University; Boli !McIntyre ,
Bovis Lend Lease ; Maury Tignor, Cornell University; Roland !!`Marion , LaFayatta ; Al €arr Warshawsky ,
Audrey Eldleman & Associates .
Chairperson Stotz lei the meeting to order at "/Y: 05 p . €:, . , stating th, all ail posting ,
puhlicatior , and notifications of the public hearings had been completed .
The first anoe:a1 t;, be heard was as follows :
APPEAL of R w4ocation Resources ; Owner/Appellant , Alan Wa ۥshawsky , Agent , requesting a
vana :3ce from the re)g %Uirernew is of Article IV , Section 14 t)f the Town of lth ; ca Zoning Ordinance , to
be permitted to maintain an existing single4camily home with a north side yard b ;.4 : ldrr) y setor;ck of 14 .
feet 15 f00 % tback req red , located at 12 Chase Lane , Town of Ithaca Tax Parcel Melo . 41!) � 1 305
Residence District R 5 .
Allan Warshawsky,
Audrey dlerr� ar� Assr.ci, fes , stated there is ; d.3fi; i.3nr,y ;,f €3 it: �;hr, z,r
the side yard setback.
Cha.irp.. rson Stott asked if the house; is being sold .
4
Mr. Washawsky responded the house s being sold , The house was cuslo- m built f0- the
owners . A survey was done in September 1991 , which shows the side yard se :haCk ;as 14 ` 1••` . The
eriificatw of OCCUpancy was given 4n October •1991 . The Town was €tot given the survey.
Mr . F=rost stated Me buildinc perrnit showed a 15 foot o % more shown .
Chalrt.erson �tO z stated there is ;,, ch mnc.ay on theside of the; f: ouse4, .
Mr. Frost responded chimneys could project 2 foot into a side yard . It is rnea,sured from the
corner of the building ,
Mr. Washawsky responded that there would h., 3r, oth ., r way to handle the s tuatir%n, It �C wlo : 0d
not be feasible to take the perch down for the inch deficier� cl.
Clea € rF,., rson Sto.z asked if there is %a house ontr:e r.th .; r srdf .
Mr. Wasnawsky responded a house wo1 . ;d be ^onsarwoted on :he side v�r !f7 !fie � afrcr �rR .z�0
Mr, Frost responded there is u vacant :ot to the north. wile o tree house.
Chairperson -t€)tz stated this is a ni-Ce subdivision .
W, Frost stated this is a comic - lot . There is no EAF on setback va. rianyew .
Chairperson Stcrtz opened the hearing a? 7: 10 p . n; . ; and asked :- any members of the
public wished to be he€� rd . Wth no oersons ? resent to be heard . Ch €� ir�)�xrs€)r Stotz € €��s€.{� the �s .ri > i €
hearing at 7 : 11 P. m ,
RESOLUTION NO. 2 00av58 — VARIAN Relocation Resources 12 Chase Lana Tax Parcel
Nov 454 "30c
MOTION mal,. e by Ronlafa Krantz, setON
car?le€y by u'ar;?es Ni£af€f
RESOLVED that nhis boar a gra +enls the appeal of Relccaltot. Re♦oUivices. rNqf.{eNUng a f''i'Qr'•1•}
{F ? req,.ftr8r'Y? ,'?fS Q.' .�tfili.Ole W Section 14 o the ��owi7 01 Ithaca : Qfi,,ng Orclirfc £Mli.er to be permitted to
Tea4rftaih alr7 exfst'rf heol e with r' 4 ?QletSfawaYQbeildtr?g e :fc of f,Q rno!.GG than a4, 4f �
? £a e. { :i j€of setbi� ck r�(�fffr£?:;f, oceitf'.Q' at 72 Chase Lar?.,r Town of fi{?� ;c� Tax Parcel N ts;,, ;f . " fir
Edi . Fr.� a?
f �slaer;{. Distr�f..t s � 1 IL is no?'�:'s:: thOi the froll. porch v` o ' ile rave aQ ire remrr; ved tQ z rlQiv �Qr the
tlfff 'rw.r?d: ' of 8 ;r}ufles P TOMS af3 ��ws� f vas not ,'�r3r?tad.
A vote or; the MOTION resulted as follows.
AYgtr�': StQ#z, f l:swortb, Kfaf�t. Niefes, `igei.
N!! S YS: None,
The MOTION ION tiv<s deckirea to be carried Crnanin7oush
.late second appeal to be heard was as fol €ows .
APPEAL of Aung Scan , ¢'�pp . 11ant , r ,€ nesting authoftation frorn the Zoning 13oard o E ? ) ; Is under
Article . .11 , Szesctron 54. of he ..Lown of Ithaca Zoning Ordinance, to he permitted to enlarge a.
nonconforming building with the addition of an 12 ' x � 4' outside wood deck at the building rear ,
� ��� . � , " E �l€ fr ,� District " � � : .%, . ,.IE ,at£ f at . 1atErvile " oa € , , v3 € :h ; . aa ' �
Said building is noncon ())ming n that an attached carport is 5 + feet from: the west side lost lirle t10
toot setback required') ,
Mr , Frost stated the gen° leman is Ascan . t-Ie does not speak much English , 1--I ':s Assistant has
had conversations with he . He would like to tl ; irk that s'�a la tai n lir €���+ he r� eedeo to be here, This
arcel of land was most likely subdivided without sr � d ',pis � ?rr ag fro�i�gl anyfrog `.�91 to 1993 . It is
nis recorn. rnendatron if the board chooWes to grant she variance it be contingent 'Upon getting
4� ut)divisiora at pro- They did recor:•? r�ee d to Mr. San to steak with h s to w+er. H . €iid n€ t ���,rv� to
understand the issues raised with the Subdivision . Mr. Sari ca. iled back and seemed to have a good
underwtanding . MfII Frost stated he could call Mr. San .
Chairperson Stott asked where was the property subdivided .
Mr. Pr3 .t stated they be-Carne irvov +:F with
his ;f \atst'�x Mr, S.
n rrad ; an a pp ': Ca.t3{}r\: :z Y�
� uid
a deck on the back of his house. In reviewing the building permit application , it was noticed the
survey map had a tax parcel r number that was different frorn the tax parcel shown on the t4 x molls .
Parce € 24 was a larger piece of land that was subdivided €into 24 . 1 and 2 1. . 2 . Parcel Number 2.41
surrounds Parce ' 24 .2 .
Mr. Sigel asked if it is possible for a subdivision to appear on a tax map , but not have reCeived
subdivision; approval .
I`ti`lr. Prost responded it does happen . They file a deed with she Clounty Clerk . A notice is then
want to County sse ,rr errt . The so F� : v`rs :��n r��cwss t�tfQ ;Igh the Town is bypassed ,
Chairperson Stott stated Par el 24 . 1 was used as a staging area by the State for the
recOnstruc,tion of Rotbe,:) 79 .
Th,e board took if bivief reaccess 6voir r• 116 P. ir. Lid til r: 2,1 p. ip. f ivill /e .A/lir, F Jit phoned Mt: San.
APPEAL of Robert P . Ar dree , Appellant . requesting a varirnce from the Zoning Board of Appeals
undv- : Sedlion 8. 05^3 o8 the Town of Ithaca Sign Lawto change noncan €orming canopy wlgns arra
'e(['�,ly� u('ipn er�t id�e�}r;°^i�fii�catlio �(`'Ss ��u'^�{ns Business
the East Hil Citgo oca¢e�l at 30 *1 Pine Tree road, Town of Ithana.
Tax x Parcel No , i..14.. r f . 1 3 . Business . Said o w . e � o ec s of
``' -� � � � � � f� istr€ct "�': �ai�-t canopy signs are r� or; corf�� rmin �� because prier
\ r r r \ \ r1 , tr r M r % 5 r \ r� r \ ; Y� r 3t
to ,rc,tE3bE, r 3 , 1f;�s (the ;f : eE,tit�e dear, c,f ;h1,, curion6a Sign Law) rT% 00%%t c�anof;y s :g €� ;� t� nf c4tejul :� rr3E,r.
identification signs were not regulated .
~, Frost stated the Sign Labe has changed . When Mr. A 3dree:s 'Ca.se was ongintally f: eard , the
Town did not address canol,:)v signs . Minutes from that oneeting have been provided the board . It
was clear how much discussion : here was about a canopy sign . In the apprcova that was previousiv
gr : ted to Mr. Andre there is a canopy that hits as part of tile gas pump itself . It sits ; ; nderr eath3 the
larger canopy. It did not clarify what they were doing when it came to addressing the vanjorpy sig -n .
TI':ey did make the deterrr ination that the irDiodi g on tie si;� r: ac��, tic.; % t he, had wa.s pr€)(J : : ,t
1 V
Identification signs . In the o d Sign Law it was exempt from any kind of regulations . Mr. Andre is
required by his gasolrne supplier to make changes to a sign . This was before the Planning Board
acting as the Sign Review Board . They did not r� rake= apositive; recommendation . The Zoning Berard
of Appeals can act jon Its o. -n discretion and grant the appeal . The only time. this has occurred in the
past 5 years was the appeal of Idw's Plaza . The Sign; Review Board did ntw)t recorrimend passage of
C sign variance request . Thin board did decile to grant tine appeal ,f lde's f la g .
Bob Andres East Hiil Citgo , stated he would like to Change the sq ;,; care cornF; rs on the cran %opy to
round corners . There is a stripe on the canopy. The franchise would like to include a ul ; e stripe to
�r�eplace the existlnsg stripe . They' would like to remove X43 square iliUminated box signs . The new trite
Y bfoul i be on the l;anopy andthe building . Tt: ti e are 2 me; rchan (f '.ng r final; uY3 ; the,
w
canorpy on the supporting columns . They �r�ould be removed k)ermanently. :' Citgo" is going for be
pen d out In blue let 'er4 that arm P4 :nches high to : enlace the 3 bV signs bung r�r� uved . They are.
removing 51 square feet of signage and replacing it with 51 , 43 square feet .
w
Mr. Frost stated the Sign Law for canopy lettering allows or up to 6 inches . The proposed
1c; tF; rir, g is rr: u �Yi lard„ r than thf, allc>�rrrE3d .
Chairperson Stotz asked if the Titgo;' sign would be backlit .
Mr , Andre responded yes . The Sign Law requires that et 4 feet from the sign the light sho -.- ;d
not oxcee,„ 10 foot candles or foot :anlborts . Th- s sign would have . e:) foot lamb(- Yt
Mr Krantz asked Mr. Andre if he felt this would enable him to sal : more gasoline .
1'��lr. Andre sated he does not know if they ww�ill sell more gasoline , It ��w�ould beep the statin €�
h
looking similar to the rest of the stations around the co .- nary. It looks m- ore modern with the eom en ;.Je;�
corners and blue lettering .
Chairpe, rson Stotz stated the canopy 4ftws the sign On 2 sides , Is is on all sides ?
Mr. Andre responded the third sign faces bilis Hollow Road . The signs would ;.only be on 3
sides , The square, signs on the cant.,pv ; re now illuminated ..
M :e , Sigel stated 't looped as If the pur€cps were going to change . Thi tops of the pumpsb O, : , ' �
be afferent than .he exisfing .
Y Y ♦ +' Y' r `t Y' �♦ Y' Y' '+ ♦ ♦ ” " t v t
Ili . . Andre stated t. Bey could &-i ;eange t: is puimps so feat thi, toy, o thy, pur : , p would ,e rounded ,
They carp get the um ; Without the "t� tgo" on it . Thev Eire going to le �e lie e�: sfing pumps . The
carr€ pa.ny is in the process of developi€ ig electronic pump}. They have : st bec�:}rre available . There
;Nre 1 car 2 locations that he% v already put theien in . The pumps ars, not dialed in yet . I�SfF,r� t €., ; llv h £ y
do want new pumps .
Chairperson Stotz asked what w would it mea € , for Mr. Andre if he told Citgo he was € able to
change the image of the gas strtion .
Mr, Andre responded he is € of sure .
Chairperson StDtz asked if he WOUld continue lo be a C; i gO rorovider. Would they withdraw the
franch ; e"
.4�
Mr. Andre stated in order for him to remain with Citgo , the changes need to be done by 2003 ,
Mr. Niefer stated it seems tinreasonable that Citgo w�;} ,: ic try t.-e. makt-.1 Mr. Andre c/Ornpiy with
their standards when they are at variance with :oca: ordinances , It does not sem iogi cal or
reasonable tha € they would x' '::l the Irannhise .
Mr. Andre stated he is hopeful they can co€ ,"IrOrlise .
Mr. Sigal stated there are nat nal franchises that have been se. vere v restricted ,
Mr. Andre r�epl 'ed if he was to do what Citgo wanted , there pro r 'd ��They
� ic�€� a€ : a j� a €:�} w� � f �yY� �
ft: ti ) "X ��� ?" sign
- � ) p% `m. a `� r `art reel- ,
The would e% lso like 1 #c E ::'C•
cano:pw, The fry osta ding sign . �vc� ul;� �� ��E� f€,�:t hfg. 3 in : tt �.�� o � : E,� :. ,� . . . � �,
shining on the face of the cano=py. It has been scaled back .
Mr. Krantz stated McDon .alrs has always had a standard which peo& nave cha, ' long ed in
rn# any communities . The franchise has, been willing g to after their standards ds in order lo h, ave their store
in that loiC.ation ,
Chairperson Sty.}° z stated this board required the. Burger King signs uonform to the Sign= L w ,
Mr. Sigel stated gas stations have the name of the gas station on alm- zest every flal surfaces .
Which of those could by considered signs? On the top of the purrip it states " Citgo" , The train 0a
ave large sticker on thorn that s ate " itgo" 6I00here must be dozens of signs ,
Attor ewly Barney stat�fd the Bign Law defines :h sign as any word or symbol that i;{}rw{8ys a.
message . ,attorney Barney state; his office represents Mr, Andre , but no; on this issue .
Mr. -Sigel raskt@ld if they could consider the entire,a f„ce of the car: vpy as a sigrr .
Attorney Barney stated the measurement of the sign is the portion that conveys iffie r: ie sage .
It would be the lettering . The ca ;lopy canbe painter any calor.
Mr. Frost stated illwns Mores h : Ae cradit card zi t ns on the door. It is t€).,h :nical ' �t a t i�� r� . Th fy
.a .� . ;
reframe from tak' no : slue with it ,
N
Mr
01 Sigel s att,d there its a line that is cross d . A cornpany coul;f e.stabli %sh a sorios of as
their :or o. It could be arg#.red that a color pattern is a sign . It coveys inforrration .
Attorney Barney stated if they were to remove the Citgo signing from the canopy, it Wo #.rld not
convey the message as a Citgo station .
Chairperson Stotz stated one c.)f the obje 3tions voiced by the hoard in the BU ger King proposa
was t ie fact that any signs in the plaza has an irnpaut ;.gin the surrounding residential area .
Mr. Sigel stated he fee ' s this would be more visib ' e than the Burcler King cat opyj sign . This
s #gn is #arEger.
Mr. Niefer stated P?C across the p ' aza has a, lot of signage . There are 4 substantial lighted
signs .
f' :F. Frvst stated one sign: states " Open 24 Inc.} #yrs" . It is exempt .
Mr. Niefer stated the Citgo signs are not ou; of piace nes comp; red to the P&C signs .
Mr, Frost stated the Sign Law also makes reference to allowing a. wail sign or.. each building
frontage . By definition , frontage is whatever side faces a public Yx�ay. There €� frontage �}n Iii :, e Tree
r ♦ / r the
r } ! Y
Road , ill €s Nt� ll�lw Foca.{� and a.long ;h ., }..blipr� t : � t l�; �� rt c,f tY3�; t Nil ' 1 . , ri w�� He has
frontage on 3 sides.
Chairperson Stotz asked Mr. Snaith what the thinking of tle Planning Board was . What
brought them to a negative recorrimendation ?
Mr. Smith stated the Ranning Board looked at the size of ti-le Citgo lettering on the c„anopy
They also looked at the lighting of the sign . They talked about it heir g quite differe is from the square
sign that is pr ,sent .
Mr, Andre stated the Planning Beard also rrientioned tha: the si; nage being removed is no : as
noticeable as the proposed Citgo lettering that would be added to the canopy.
r + ! / f \ r f 1 Y r l r+} \ ♦} f 0 + 4 + Y + +
Cha. ir�;i, rson Sle tz stated it is a udge;rneint call . Wh ;al someone rriigl : : n ,ticf�; , 4 :;r : t �: o€� �; �; _.;�;
might :got ..
Mr. Andre sta: �,d he is rf;pl,acing the exis ; i : 3gigr : ag�:, with about the. sa.r : y�� am ;;urit w sig:3dqc.t .
The planning Board also mentioned the freestanding Citgo sign , If he were t;; followitgo`s rules ; he
��� o 'd have a �vhO Mot free-standing sign . He
felt a 30 foot freestanding sign was needed They eP�t } ♦ . :>
have been ;allowed 2 signs . ) sLcE.lare : sot each , s : n : i :ar :;, 'What they '"3 ; ve . They did rat want
signs .
Mr. S :gel stated there : s no way someone Could drive by that Verner a.no not : eal :ze :t is a ;has
sta :ion . He has a hard time ; ustifying allowing the Variance when is is 4: rinecessary acid uVrves to
inn :�oy thepe., ple in he community.
Chairperson St.= s€ated he has obiecii�� 3ti based ;upon what t' he board has done previously
w;:tii ether decisions .
l�ji : . Sigel stc% ted I• e does not so(-,.: � � � > ♦ : i?
rthe r1Er ♦ or t : ie signs that are on thE, an ,�;� r w.
Mr, Andre asked what would be acceptable .
Mr. Sigel responded no signs .
Chairperson Stott asked if Citgo offered alternatives . Wo' ': they conform with the Sign l.. e.vx?
Mr. Andrt* stated it world be hard to r„ad the 6 inch, pottering from le road .
Mr, Sigel asked why someone would need to read it from the road . The freestanding sign
idf,ntifir,s the biishoss ,
Mr, Andre stated it is a business . They spent e lot o ; monev and they want it look race . Ili hi}
f heir want to at
o;) inion it looks nice . Someone else might not agree , tract people ,
M ! , Sigel stated it would look nice ¢ the canoes had the rounded f corners and the stripe around
the canopy,
Mr. Andre respotnded it does not say that this is Citgo .
Mr, Siqpl stated the 4reestandinq sign identifies Citgo .
Chairperson St otz stated the CorT�orat€; named a d Ir�4�o is very irnportar3t to bo s��f,r� by l�e.,ple ,
They want to make it as obvious as they possibly can ,
M I Sigel stated tho,a suns overload the senses of people,
haErpersorto:L wta :ed heYee . r :fortur"€ a :ely th € .s locate{ at the edge of ar , area that €
aOUnded by residential neighborhoods , The rye :ahborhoods Imre objected to targe signage. This
board needs to be cons€stent-
MI .lr. , ndre asked whatwould ¢lie board l ice to sea .
Chairperson Stotz askox if it was possible, not o have a lit sign on th �f side of he cano thea
faces Bl €s I•-lo : low load .
Mr- . Andre responded it is possible .
Mr. Frost state.. f.d Et ;d�OUld not iY ake) sen �)�+ to haus.+ ` o std .ft the �F�� iI \illy l t .
Mr Andre asked if it was the sire of the sign that was the I; roblerr€ or that it s back lit ,
Mr , Frost stated if :t : s back lit and it meets the requirements of the i : lurn ' nat *on fO ;Und in the
Sign Law, tlrsr"€ there is nothing illegal about it,
Chairperson Stutz stated the size of the lettering is sobjectionable .
Mr , Sigel staled the bask lighting adds to the prominence et nicht .
Chairperson Stolz ;asked what ho : S are the sign � lit .
M :1
: . Andre respvr:cec thte € llumirated are turned on at dark and d are fiirned off at 11 . 00 p , rn . ,
closing time , All suns and lights are off a°ter they close . They have a security richt i ;3 the station and
Outside the station .
Mr. I: IlSworth asked what type of signs does Bic Al have , If the board has given an exemption
to another station in the Town of Ithaca :o sorneth inq w € rnilar, then the board needs to do the ua me
with this appeal ,
Mr, Frost stated the 3 gas Stations in the Town have had variarrces for their frewstald : ng signs
or canopies .
Mr. Eiisw1orth asked if the board forced :hern to do sur€ exhing wm0er Man vv ids s to in ;
Mr. Prost stated Big Ai 'S might the timing back to the boars because tie €S changing his
product . He had a variance for the number of signs and the size of the Sig ;ISI
Mr. Andre stated he could elirr: ir cu e 'he ill : : minatikon of the sign , .
' : aIligating figure in poa �Y :. Sigel stated it LFwo /ta 7tbsr � cst -let
V`
lettemnng . It Would a r£;a.sonaat7i E trade,„ff.
Chairperson Stott stated it would make is more aceptable to the people 41 the area .
Mr. Andre stated he could probably convince the vompar y not to illuminate the -signs .
Chairperson Stutz opened the pub € io hearing at ? : � g P , m . . and asked if a .n € nernbe,i of the
ublio Lit€shed to be hoard . With ncs persons } ese:� to be heard , Cha. rperson lztotz cl ... e tt� e p ::t ict
'' ecar€ng cit ! . i1 }). M .
r. Frost asked the freestanding sign is ilio minated .
Mr . Andre respoinded 'Yes .
ENVIRONMENTAL ASSESSMENT.
M :. Smi h stated then gas statiOn is lokcatt�d in a. business, district . It is sE � rYr} ,rrrcf� c� t;v :� Err� c� �c�. € l
J
Plaza and
�Eas�t Hill P €ata . They have Similar signs and business uses ,
RESOLUTION NO. .S OOOm59 •W ENVIRONMENTAL ASSESSMENT 9 R9o7iN'eYA . Add berg .She East
tf o301 Pine Tree Woad. Tax Parcel o, 62N2m le 13, € cto er 11 2000a
MOTIONn3"tade cty Dcay.id Stot7.. s.econjej by f-fon.< 74 /d Kt"ai t7,
}� O�_,_. _ that thii boc rjl rnurike `z `?%enga five :',�C�;?`C-:'i"i?' foleltion of e vi'rM%,�"}f r£. ntai sic iC:i�,�}f'f iri
A � ) \f
Y•
i37atter of Robert P. AnoJiee, iegtiesth lg a v an ia1” ce Froin tt'.* Zc?n.ing }E oxts of Aol:?eals dlt'7tler Se
8. 05n.1 of the Town of Ithaca Sigi7 Law to change nor,con -foiinvi t.`anoj�� SiJns` and eq i�f;ri en
ly�t'�:;riil iC:i ;iZ�! ? Sit�iiS F£att•^yy i�' i i i i?, 100a `(�rj a w.307 �iiFs? £ i ;;£? �C)f# �i, �E� i+�F? �?F �Ef?%iC:%� Tax i�i� i '£?i
t Vo. 62"2" 1 . 13. Bus.i ?wJ�$ Di.'st ict "D.
»
A vote on th.rn dtLlOTIOAiP 1e.czulted as fbffo €ivs:
A TfEta."', Sto( tz, 1k; t1v rt, ?, �`' raritz frit's'ert Z)!,k7 ti
Tir?C'•,j MOTION wa i krye l'in--j.sd to be ca: dekey ijnN? i'?irnoij s1'V'
lel €-, Sigel asked Mr. Andre if ha meant the signs would not be back lit o € ; rout lit .
Mr. . . r : d : r, stated thf; t - r Vt) ul not ��, Iit�ht.a ,,. the .� t ., rs . The lg hting would e ,� iri the
letter. They will not have lighting behind the letter. They will have the sighting underneath the
canopy.
Mr.tiY. ' i el asked if they � iou €d add spotl :ghts to shone on it,
Mr. Andre responded no. It would :only be the bl �<e lettering .
Chairp;,,rson Ston stated he vb=oudd ;) reff; r thei stigns not ba; ineg lit ,
Mr, Sigel stated he finds it more acceptable .
R'E'SOLUTION NO. 2000_00 VARIANCE Robert P. Agdree East HY1 Cif o Station. 301 Pine
--------------------
Tre pt3 Ta` x Parcel No. 624, 1v 13. Octoberl 1,2000v
MOTION niade by Kirk Sigel, second de f by HaYr.y Ellsworth,
R'ESOLV that tis hoard g!ant the zj.ipeaf of Robert F3. A,nciroo, requesting in va;•iance fnonrl the
Zoning Boars Qi !�pIpeais i.O11deY Sec ioi`r 8, 05-3 of the Town of Ithaca Sian Law to chaoge
,� r•. 7 , , shown
-Sp , `1r '3 .) } 7 ft rr ii '^a ; i r, r ,f Z v S ) f! S' ) i:•t J
C.rdn���?�/ .;d( Cr7 sari ,��r � y'€�!i i.r J ��?�, I'�r' � t"? £.i'rt!, r�; :,� �. f?`,C�' C) �'c�,nM�py
fa#'.. X Graphic Systc' nis, ar7d equipn7ent iCI SStifivaiidn signs at d7e East Hill Ci go, IoC pled at 30 i Pine
Tree) !', Cad, Town o f ftha ca Tax PatC"el Noi. 62-2,O I , 413� BO—sfi)ess Disiric, "D' subjiecl lo i1e follo€ving
t.,or fditidi"s
a. The Citgo siC
b The Ci;go fogo Fi?ay be daisplayed dirge siarrs or; she canopy only,
tom,
No Citgo hpgo shall be alispfayed on the wast sL?e of Lhe +tea s'7oV y ffac!107.3 BUY%gey Kirio4
A, vote or, the MOTION fesuited as follows:
YES: S otz, Ellsworth, Niefer, Z)!t Fri.
NAYS� Krantz
T, e MOTION was 6.4,) l are(y to be carrir Cf unanimous ly
------------------------- oAPPEAL of Cornell University, , r)� Ert McIntyre , Bcvs Lend .Eeas„
f t..MB ; Inc' ,
,agent , roaUesting a special, approval under .Ar¢ icle V , Sec¢ ion 18 of tha Town of Ithaca Zonlna
N
Of for the proposed addition of a ternporary modular facility ( until the year 2008 to servw the
�r i :son Laboratory Synch : ron . t�z,�� E. � r,� Ithaca ,:) 1 t� c� . �� 3. 1
„ d off o' th Driden Roar Te wn ,,f Ithaca Tax Pare%n
8 . 2 , Residence Dwstr€ct 1-"W , In add €¢ €ori to the 7s000 + sctriare foo; modular st €•untu €•e , also proposed
is the r :oda : €car of 37parking sda;Jew . The Special ApprovYq ,�ests addition a € ly inulu . e a Yq � et
to rnaintain an existing 4 ,20SO sgUare, foot modular fac ity until h €) year 2008 .
Maury Tignor, r ison Laboratory , stated hay ;s�o ;.€ Id likSauk fine bourd for their help in
preserving 2 important comeencone its of the Cornell Scienti c program . The facility is located at the
corrT £; r .;f ai ;.tdd falls Road and Dryd��r, Road . Th , ., riginka € cc>nstrtxl: ic,:T of this was irT T967 . It
was used by the LLS department of Cornell and a few: neighboring University groups for doing
Elementary Part "cie Physic . This science seers to find the most elementary co€TTp ;nwr; ts in the
matter and world . At that time there were 30 to 4w users . In 11978 the Cior€gel Electron Storage Ping
was installed in this physical facility. It is now used by the particle Physics and the X_ Pa,i Science
S , YY' High
+ ; s + S r+ ..fay ,+ 1. ,
Ufoiit called CHESS , Cor e:1 Hig i Energy -Sync,t :c ; ron So; ; : �,�. . On a typirlal
day they brill tTt�.: �� 1 �() tt,
130 visitors Irom Outside Ithaca and Tompkins County.
This facility is ones of vary few othjal : 'caLcilities in thn, wog ld . The users come, from; alI ov(-, r the
United Mates . There are sortie foreign users as well , There are 2 reasons this; is i €npotrtan ti; the
community. It allows ther€T to have a bpiorid ^lass fawility in Ithaca . It gives a greater advaritage to
facuit�i and sty€dents ,
The, challtange it S„ ienc, , rooves on . If they ars, Going to cc,ntir, ue rrtoving ah ,ad , t T (-,y e -,led to
rnove with tie frtintiar. Too do so they neer neva facilities , Wilson Lziboratory and the facility are now
used by LNS and CHESS , In order to have a major renewal , they need to rr; ake a proposal Ao the
t dt rel �c,v , rrTr°Te,nt ; the, Nation Sc-enr;�� R wide tiCn and National Institute;. o' RaI aMoi , They need
the SLJ ;)poYt to construction the new fa.ci : it:es . In order i;; make a respectable p € ;;po al they need to
do a lot of research and development to support the proposal . In order to carry out the research and
development, they need to have space to so the research and develo Ment ,
thjBefore the4son Laboratory r +walad t ' < � a � Eea ; trs
! .
Today, they have 1 . 300 sa ►.rare feet of laboratory space avai able . I Ivey have encroached or, the
former lab oratory space to provide service space and office space -for the outside users .
They are asking the board for the ability to put in temporary e;ffice space . They would Iike to
have the offices in the temporary modular offices . Some of the laboratory space will be reg;;.::3vered to
do the research and development that is nebessary to support their neiJ prop ;sal . I he to€rat ovary
office space is needed through 20€ 3 . They will be doing research and develo;)ment in support of the
c,r;r, struction tip until th , time when the new facility has beerT started ;,rid the new pf, rnTarTerTt t,pace
has been provided .
eaS: y Wrl , Trowbridge & Wolf,. sa7: j:)d trTeis Srj, t cr ,tr; t S fo7 rt-"?W mr ,lulrr� r citV
in
the first bay o? parking . The replacement parking will be constructed on the east end of the parking
lot . The existing entry dr: ve rerrlains unaltered . The new building :s dropped into the wester rnost
parking bay. The interior of the lot remains essentWN as it s . "Die replacen� ant parking iv �4 parking
spaces less than the parking it €s replacing.
Large sern �-trukcks come into the site to make deliveries , When they back ow , they back into
M
the first parking lot . It will no longer be possible when the new facility is developed . The island in the
:yr'' 'a" f.2ii f :y 1 y i` Y: + X t r'j r ..fyri {C 1 Y + �+ back
s.l..,ond parking Na will be trunkaliel,d . It vbill be. s%tped to allow an area : car the t : uCks to back i T . It is
an existing traffic island , Anew traffic 'island will be created j ; st to the east of the existing parking iot .
Currently, existing parking lot drains to a catch basin a :ong the svouthern ed{fie and outlets di !eectiv
to CascadiRa Creek. f.he have taker. Measures to irr orCrve that condition sot Maw; the run �o'f wiil be
filtered .. hey have created bicfilter�s in the existing island and in the area in front o3 the building , '1'"he
paming lot will drain into the biofiltexs , The biofiiters are a deep layer of sa€ d , It Than ��ss ;�a�v�r� lo a
perforated pipe that sits into a gavel bed . The Ovate : se ON thr£�€� gtt it :�n £f tl � t�rr �, xiTa tttr�� €� gl : tl � €:
pipe . They are irripro�fing existing condition . The new f lot Mill drain to the reef biofilter r; long the
eastern end .
Ms , Wolf stated they submitted an earlier scheme where they were replacing all the parking
saPe;s . The
parking IoS; ,arr1 closer to the
Th , co' tservaS: ikon boar: £ heard s orr ,i. concern :;qr ♦ rt :;
abor t the eroding of the bank, There iS a lot of erosion inter the creek. . .hay huge e : ' m* nated a row of
parking to pH it Garay from the Creek . They are oropoufng to p :artt the gorge of the oink heavily .
They wil € grade the hank . It satisfied the Planning Staff 's concerns ,
Two existing light fixt; res mill tie rent ;ved and relowat d . leo new site lighting is pr lo -v- sed ,
'there will be a light at the entrance of the modutr facility, Handicap access is proved at tide front of
the b�rilding .
Mr , Ellsworth asked what is the building used for that was built last year .
Mr. McAntyrM, stag;d it is the G building. It is off the Syncl•:tr€,rr ging .
Mr, Ellsimorth asked if The building has office space .
Mr. Tignor responded it :-Toes riot have office sipace. . IT is laboratory space fox the f:; l lE ;�
prograxn . Reof;l,, are uriabt� to beiin the area xwhentht� hE,arris are on .
Chairperson Etotz stared there was a iot of fill put in on the other side of the creep,
Eric Divkey, Piannir g Office, stated most of The fill was pulled out of the C' - Une project .
Chairperson: Ston: asked if tiere are plans to expand it,
1 : .
Dickey stated there is nothing s �F;t,l : ik, . Thi, ter i�t rsi y :s .,t ri ,;: ;� r�t y .,hangiricj .
Mr. Sigel asked whet is the plan if the anticipated fUnding doe} not 'come thrCjugh . Would the
board ne,fd tat ext„nd the approval on the temporary .gip; ce .
Mr. Tignor stated if :trey do not reweive the anticipated funding the ac ivity will sere . They will
not need the extra spate .
M : . .Sigel asked r it r ;� inconceivable �� t t : �,y would E,�t,t an € : 3tF; rrr : e. i��t,, .�.:vel €3 €� r�di :tg thatV
klvo �rid allow continuing operation , but not enough to undertake Vie capital project .
lel :. Tignor stated if they do not und£) rtake t to capital proje€;t they anTl£; ipat,f they .rail € not n £;od
the extra. space.
Attorney Barney asked if the extra space is going to be used solely to develop the prNect , if
they are usnabla to fund the project , than they will nut reed to do further da��alopr � ent .
Mr. Tignor responded correct .
Chairperson Stott asked where is the ex sting temporary building ,
e } 0 ti r > > Y' r �'., L 4
- )f { x w Cz �w m 0rdul. � �s will be o •,r; t£' £�
� ''. McIntyre. Ntt.� a�f�.+ i ; €:a tl'l �r �� r=� r� �;ail+� 3nt ,� r� ;; €te.: . ��'€ £; : 3E. .� � r� : �MEIi ; iE,:a . , t,ce ; ,�
nexl to It
Cha.irparson Ston asked if fire safety Igas bEter: Is a fire t :, : {; able:a to a£,£, , thy;
site safely and turn around .
Mr. McIntyre responded the existing fire access lane has been maintained . It allows them
N
aCcess to the G Building and Wi :scn Lab . There is a 15 foot clearance between the new stririoi �€ re
and the existing strlucturvl .
�Q tJ ��ry� y/���We j �.{/�� (t �/�( Y (/�� 3 {e '/�+! �/y� 1/..( j� [[ PY y/.�� 5/�{/�[ 4 - I
LIhairpersuor. - tom: z a�*ed if the mod ' : :ar Mf ' €�./L.+N �J�e . e [ : a( (� M VNn N4 �4: �./ € moi .
Mr. McIntyre stated they are in kind with the existing nodular space . It is standard offering
from GE Capital . The building is 10 ra. Elers . It is mostiv office space . They are staggered to clear the
power lines on one side . It does have the required bathrooms and a utility closet . .1' ;ie color scheme
IN?ou1d i ratrh the existing building . It is a white building with maroon trim .
Chairperson: Stotz stated people are being moved from the permanent facility and into the
temporary space . Are any additional people Corning onto the site '
Mr. McIntyre stated they do not. anticipate any dramatic shifts in person e. 1 . They nnight have
to b': t on one additional custodial staff.
Chairperson: Wtotz asked if the number of parking spa4es remains the same .
Ms . Wol¢ stated the Parking is redo ed by 4 spares .
Chairperson -totZ asked if the buildings havieai windows ,
Ulf. McIntyre responded yes . They are considering alternating the trailers so that the windows
and heating units are staggered . 12he heating units are approximately . feet tat and 3 fee: wide .
Mr. Frost st%att=Xd e has not had an opportu-inity t:� loon at, building pians . This EIP: 3�,��. Y � fiY10" Out
until they receive a building permit application and do a building rode review any rev ew by this board
should be contirngen: upon: it complying with : he building code . The application has not been
: p}pro fd k;as> ;; ori building rods; al this time.
Mr, l cIntyro stated he fee 's the community benefits from he protect . It is a iow € rnpact project ,
It is the first step to surds tie long term goal of removing alI the trailers . This is the process by which
they achieve the end o�� 1 . The PlWn : na Boarc ilad consideraNe scrutiny on the project and cam ✓ to
the concluslon that they should recommend special approval . They hope the Zoning Boar; of
Appeals setas the project favOra ) ly as veli .
Attorney Barney asked what is the 60 foot dimension .
Mr, McIntyre stated the t1mits are 12 x 64 .
Mr. Frost asked = sprinklers are proposed .
X19 ,, Mclntye- rt�sponde;d nke) .
Mr, Frost asked if there are Sprinklers in the other trailers.
Mr. McIntyre responded no .
1� r, Frost stated Ithaca College was approved for modular buildings , l..l� e�r were frrrrrt � 1AA
Cadital and they had sprinklers .
Mr. McIntyrere stated they Could address the detail ;; .
lir €. Frost stated if they do of pian on having sprinklers then they need tc co, t t ne board
and seek a sprinkler variance . The rssu ption is that anti i e�Yi buildings will l� a�ae , p € inl�: iers .
Mr. McIntvre stated that in their reviews they did not see a. need :or them ..
m " Frost stated based ��3 local ia.Y� it is r��, uire�f .
Chairperson: Stotz opened the public hearing at 8 : 26 p . m . , and asked . . any mernbers {c-}f the
pu �sl :c wished to be heard . `t�'xEtle no persons prese €�t to be heard . Chairperson Stotz Oosed the pvb : in
hearing .at 8 . 27 p, ml
ENVIRONMENTAL ASSESSMENTS
MY. err : i ,h staE)d there is nohi : g signititrri , with the mocf €ar feaE,ilitiw:�s . Tl'ie. za ?tet F) if�.€�
addressed the erosion along the st 'er;m , The Nofiiters will catch the Yun �off from the pa. rki €; q lot .
Mr , Sigel asked what type of maintenance is required for the bioNiters .
A� ��f Smith
h ` ♦ t r+ r Ric r r+ `+ 1 [ r r T e + . t r Q v
flf�lr. e.)tl7itii rf'i17�)�r : ;�Ci{.Ye tojCi F� l;w�� : � ir { L,C �E)arC.l Y� ;n:� rCi{.�Cl� ir+:it� !;� 7YfC� €,it.-+r : C� r . ;,,'i :) C�.€e �ti isi {,) r: fit!.} : the
w
oio; iiters.
Cha.irFi„ rsor: S ,c,tz stated ,9•ie,, would 1• . avE; u.) Fi+fri +)dic;ally . £, pacre the +,;end . Does +hC, iltE, Y d(-,a
w*th oil and W)tifr eze
Ms , Wolf stated it traps a lot ,f the contaminants . � he conta��� inants in °!� � parking lot ti�fo ; ld
settle into the filter nater ial . oe of i, materials will het through .
Mr. z e it 7 stated this feat:.i . e is not in thS`rf current`5"fiI it :cia ki €g l Wit ,
M " Frost asked when are they proposing to set up the buildings .
Mr, Mclntyre responded it ti�o.. id be in Decernber'
Mr, Frowt stated part of Khe appeal is to extend tie tare frar:ie of the exislifig 4 , 300 square foot
build '€ n ,e . The ether building does have a &nrinkltn' r va. ria.nce .
Mr. Krantz stated We McIntyre has eluded to how beneficial this project will be to the
community. It is certainly ° rue, It ;Jill luring more glory to Coy_€veil . It is a mixed blessing for the
COMMUnity. It will €nurease the drain tha Corrie € l already has oil the Cite and Tn services , fir cyst
of the vi.spiiiir's will St.a% % �".r
0� '.'� € Ypus at thee StC� ller. Thi.'eGay will ee-et on %T) [4% US, This
his •.s ca oroj lift thirst
should go thrOUgh , but it s not a project for tine Town of ! theca . It is a project for Cornell .
Chairperson Stott stated in terms of c:orl muntt�' illE; ri, are many €� €ffer ;nt i;; �rr1 :� P € € rl €t fi.i . One
community is the Cornell Community, They care residents of the City and Town . There is an indlrect
benefit .
Mr, Ellsinorth asked if s:orinklers will be required in the new buildings .
Attorney Barney stated they have E nt :asked not to have there . 'i' hey could choose to cornc
pack to the board to week a variance.
Chairperson: Stott asked what happens if the board approves the existing building . Does, the
exception to the sor'inkler go with it
Attorney Marney responded yes. It is only for the buildings .
Mr . Frost stated the original appeal was In 1093 , In 1 1S there was :3 extension given that
wo;. ld expire in 2003 . This would extend the appeal until 2008,
RESOLUTION O, 200041 — ENVIRONMENTAL ASSESSMENT — Cornell Uni���°���
Laboratory, off D: yden Road, Tax Parcel o. 63442
, October I I 2000x
MOTION T ION rria:.ie b..Y hfairry Elf.:Jwi.;ft! f� second'ed L-f.� f�Fona.iib Kram z
ESQLV D. t It �t'hf b'an's nnak s V 1�pgu�� �',ve deter.mlim trios if et"ta,� jroj'X'f ej-1 r i 1C;1? t
matter i �orff8f� £JiitlCy]fwf �J, ; w/�Cl+isltli/y SY v� f lvfiYf t / ` � f !T ) ^ p s^F '/+ J a ' 18 olne7eo
F.. 0,i g OrT'*Nfall e foir the
f'if"Mff.il' .ti .'S/ � Y,S , o e > % � a � t � � Y
Ithaca c < frr�ffC: f , f �£ r� r�M ,`iC, : t £, � ff£)r, ��f i £ ,�7f £ �r#F {? if Cl;;isa facffiiy ittf, rt?�;
2008) to serve the Wilson Laborat Jry �Synchrotrofrt, rotated off' Dr;eden roao� Totwn of hu7ac- �Te.x
Pc` ncel }''+o, 63,,, �. ��, Residence Ds f ct R-30, fo, the treasons stated ;n the Sifor; EifV1,v ,"Ylen, tal Form
£.'i rnpp1'f'te �.3�}' i�lf�; Ti�7 € n Pif.�rfninDepart.merft'.
A vete or, the MOTION resulted as follows.,
AYi: r ': S stz, 1-:7sworth Kuntz, Niefer. lige!
rfl`i Y : i41'£,�f`ne.
The MOTION was Clete kired to be ca t .ied unanimousi°,r.
Mr. Frost asked ° it ;suras their intent to seek a sprinkler variance . He could get them, l :nto the
No rrember meeting .
Mr. McIntyre stated they have not discussed it . [ale �r�rfill c ontart Mr. Frost .
RESOLUTION NO. 2000=62 - SPECIAL APPROVAL a Cornell Universi!y Wilson Laboratory. off
Drvden Road,f Tax 6 a 5Y6>! Moo n 4 . � xtens7 7 of xisfrr a��a °� € WSW td ! ,
20000
MOTION made by .KrT! Si e.i. seconded PT :.(L:lffle..c3^ Nrehe.fr.
RESQ.LVED, that this board grants the appeal' of Coomell Unhylersfity. 1equ6Stirflg an extension of Cte
special af(r, provafl previously gra W, an exlStinC� 4; ��raL S�juarus i�3�'t n1C3c`�uliai' tawiiity i`w ; r ' "
,{ ) ai f f 1 �4;J'son
.♦ o r H r off
„ ..! 3 Road, 'm ` Y♦ fj� �.c r- � fJ-♦,� f ♦ •• Y1 Y n ) .♦ j ♦ ! ♦ t
�.f�l��Jr�� tMrr�, .�f Ury ♦��.i� �?r arr, , t. y�l! �.r� Ih[ ?I.ACf�� �t�X 1���( c,♦f! f�lc�. �:�� l �c�. ,�,
C`, ''F4Gx^'f :� l :� ��.3f' r, `� ! f`".� f�•y extended
4 1 � e 4, f 'yyf••t^ p' '� ' 1+ ( '-t +ryr 6 +• 4 said a
•. p Cala a t..' 4t . to be i"x W. fLFed u ti t.+ eCeff bre :,✓ S, 08 rJa in s f,{ 1 • , f 'I ”! that t' appeal f' leCe 4;
�. ) r �p S.de. of .� f efr �.. f •�✓' .�cf � ap,lf"." ✓Gt ( f _ W ♦..' C �.
the regUiremerts idnderArti^le X11v Section 77, Subdivision 7
A vote Lei? the MOTION resulted as follows:
A 'Y°t:: _ Slot , li:' smoorf'th, Krantz` tz Meter, (lige:.
YS:
The MOTION was dec;iared to be carried unanimously.
}RJi{(�'St����{Opi y�y9,U'�IO NO.
j��2]�/p0yry�0y{0(yra�9�,(f�Q� aaw SPECIAL sp [. ��Y6.�JJ{1'y6�pPQ APPROVAL �f'Qjf�],(/Cornell niverIsR flson �oratory, gaff
1NF de Road _a J Pi rce R 'Ifo. 63w �M�R l�( WaNW( ! V V/ LI� OJJ
MOTION rude by Kirk %Sigefla seconded by Ronalld Krantz
RESOLVED, tlii t tips 7CJsarC?' grants the appeal oil C;orrjej'i u iy(_?r, r�� ', r£3.7if;;:�irl7g ,c,'r€�< i%�1 %3��s?? t: 'f� i
r ' Icer r6cle V. '°,,'ecrf r . o; the Via.., # n of Ithaca ,,._ L>nin;; �rurfrla Ce) For r:' e prop edaddition
+ r
Chir W rcly L.• ! •1 '1 f f � :� e' ' ' J i.' +/... W ♦.f i,.,fr�
xarl?�4lrily li?r� 'urar t< taiii; r t^ wwf '#�e 'fie `' brlsei f7r 'liti}ry '� gY ` I "oaf ; � ¢ Drtt? LY
e. ' r r ♦. c, ) Synch roll, oc,oate .... i , f dell Road,
r bwn of Itnac e. lax Parcer No, 63" 1 � , 2, Residence Distri;rt Pr3o r�(°?e addition consisting o r"s � r?7<?ra
M
than 7., ! 00 square feet and the Yeloaatibn of 33 park#q spares. This approval shall ru:? Lin till
D£?f emben 3l, 20E98 ;s`iibjek t to ti£?
4
at . Alli col`; dtw,4ioi is un€ e. r Arl;,wcte XIV Section77. �"b(, ivid'c ielfi 7 ,be i?ffex:
b. The G.•Ondib(4.ins of the F !arming Board a Lhefif Octobef u. 2000 ji [{✓edn. i , b. met
C' The fml o{f'�ular facility Mmspsl es vvith aff api, ii+aWe bi}if(.2ing Codes ai?d /,if -0, .7atety Cilviies
do Tfie building be conshpulecte .}{ srr, a lena,oner aS SjhfC ljq the piarNs subrmi'lied to tf3� .�o fiff(�? ,�'c";u' rd
A vote o;? �;u MOTION resumed as foilows:
,AYES: Sbtz, El %votth Kfaot7 Niefer, STje!.
NA Y�.S: None.
The MOTION was declared to be carried ur anittmo usity.
APPEAL of Bung Sall , Appellant, requesting authorization frim the Zoning board of A;ipeals under
Article) X11 , -SiEXCtion 54 of th ., Town of Ithaca Zoning Ordinance, t€, be permi -;d to enlarge a
r� ��r� �^�sr�f� rrr ing buildir g p ith the addition of can 12 ' x 14 ' rr: aside ;sveod dock at the building rFar ,
located at 1, 431 Slaterville load , Town of Ithaca Tax Parcel CJ, 588 1 "24 .2 , Residence District H� 15 ,
-Said building is nonconforming in that an attached carport is 5 + fe.,t from fliele ewes: 3. ide
foot setback required) .
,hairf,er,aor: Stotz asked if tht . t,.,ard w0uld lil::e to discus%s t : 3�� af,p.,al in the atf.,..: n €,;:, of the
?ippellarrt .
lel :' , Sigel asked if their C;� uld yen °;� public hearing .
Attorney Barn �:y responded yes .
Mf
. Fros : sated the owner of the proper°v applied far a building permit to b ;.- 1d a deck t - n the
baCk of his I'oUse , The survey map they r..ceived had a tax number of 58� � -24 . When they
researched the tax Parcel number for the building perr?nit was 5& 11 24 .2 , They attempted to tally with
Mr. San . He and his wife do not speak good English , They have convinced there tV talk - o a lawye-- :e .
Mr, San to* ked ; ifli Cllr. Kanter md. . .
The board c,€; uld act based on then conditicin lhat they re eive subdivision a -.%pr€,va] .
Chairperson Stot;z opeired the. pubic hearing at 8 , 44 p, n) . , and asked if any rnernbers CA the
public wished to be head .
Rowland Marion , Administrator of Maurce Marlon Esta: . , stated he is handling :he Parcel
surrounding Mr. San .
' . Frost %A,ked :' ho; was involved in the szubdivision ,
Mr. Marion stated his mother took the original lot with the house was on it per the deed when
his father died . It was an aut:armatic transfer. It was held separately fro€Y, : he " U " shape parcel around
it . He did not have anyt . 1 to d o s�Yit , the transfer to Mr, ar: . is was ire ��tnCfr ha.nz� nbetween ,
Attorney Barney asked Mr. Marion when his father died .
Mr. Marion responded it was, in 1980 . The transfer happened subsequent °4r his mood er s
dpAth' She rr arried suhsecluent to his father', death . The) det:d di�f not ha.s��a anything , d , with her
neer husband .
b t Barney
asked
♦ a Y ' father's est .^ to : i0) his moth e r.
,�♦t� rr��:y Bs� : : � .,� askE,d if thf; r�, ���:�� �� t: C,rri t : � tri ,: � r, . ,. ,�
Mr. Marion responded there wasno need for a deed . She was named on the deep .
Attorney Barney asked if at the time h � father oar €: eco tl e Burro ; r ding property did he also own
the p eco., that Mr. -San owns .
Mr. Marion staters he ( relieves he owned t In pint tenancy.
Attorney Barney asked if the rest of the property was held the same way.
Mr, Marion responded no . It was herd .s. Parately in his name .
♦ acquired
♦ ♦ r \ �� ♦ Y• w / 1 ♦ h
Attornf,q Barney asked if he a.r quire the property in 2 different trewnstact3onsi .
Mr
. Marion resoonded ves .
,attorney Bar rev asked when Mr, Marion 's father acquired the property.
Mr. Marion stated they Nave held Mr, San 's grope €ly, longer tilan the surrounding land . It is
abowk 40 years .
Mr, Frost stared it would tare-date sm- bdivision : egula.tions . Who is Wiili.:m and Dane Sprague `?
Mr, Marir,n stated Diane apragidie is his sister. She took the property frorn his rr€ ca: tier's r t�tr� t�; .
Mr . Fri .Ist stated there was an original survey crane in 1990 . It was re�surveyed in 1993 . In that
time period a suhdivslon occuned .
Ott€) rn., Barney stated it sounds as if theprop., rty was orilraally � c,ruiYe,1 lr� ' dif.; r;�:r: f> i�;r;{:: s ,
At some p;; int were the 2 parcels consolicated `# Were taxes paid on 1 p;arcel ?
M : . Frost stated they discover a, map that had ;. dotted lin ., whkil lndi„ated :here was fa f>:aria:
that would have beenoonso :dated .
Attorney Barney asked if Mr. MWion had always been the Administrator o his fatiie % 's estate .
Mr. Marion responded yes . They were being treated as I parcel tax wise ,
Mr. Frost stated the dotted line on the ma;.i indicates there used to be a ;property 1 : ne before it
was consolidated . It often is something as simple as a letter going to the assessment otficw .
Attorney Barney asked if litir, Marion knew wh, e€ : the parcels were not treated as one .
Mr. Marion statad they also; had some of the Commcnland being split off frorn the Vere l� a. rion
Estate . It would have beer. around €hat time period .
Chairperson Stutz asked Mr . Marion if he hCad any Comments regarding Mr, San building the
deck .
Mr. Marion stated he was not sure why Mr. San had to come before the board , if this is only
beforial the board bec;:use of the side lot no€� c,or-for€:�� ar rice , htal would not `hink a. rep% r additi%oon sty ) yid
be hindered by it .
Mr. Frost stat.,d that the �cfr� inc� rdi :�ar� c�, r.;;� t� irc s it c,.;rn .;;� before the bc�,� rd .
Atterney Barney stated i € is an enlargernent of a no€ wconfor€rang building . Thies board has the
opportunity to review them .
Mr, Marion stated he is in favor of cutting Mr, Sansome -: lack inter€ s% of the., lar: guagcn�
difficu; ty.
Mr. Frost asked triE, 1aw d s :irroundinac W Sari ' s prOporty was still ie tet family.
Mr. Porion stated the la.€'gid is fe saie . A buyer might be Madly influence if the appearanwe was
1 mon isteE"° with the appearance U° the s¢ru �tEJ3'e t eat is being attaches to .
�1 :. Frost stated Mr. �ar� s 5 f.fet d.,fi ier�t to the side yard
Mr, Ma .0 s €ateo he dues not ppos the a1 pl calion . 1¢ he were to sell the " U ;' sl.. aped
property to t�� r. &A would it easy r€;�~,or: �olidation I <� €� lcf it real€.; is a €70:� iss €� .; for :cirri ?
Attorney Barney resp. n f ed yes , He would not need the variance .
Mr. Frost stated the issue of the subdivision affects lir . Marion , Something was s bdivo: ,m d
that is affecting the leg,alify of th .f Ire €� d .
1~, r. Marion stated he was before €tie Zoning Board of Appewhen he €� - here ;rias a p €�a�wiuus
r ) y o- .Y ? r :Ycontinuity r).`.) !1 ) 't i ' :i r: i ' i. `
Zoning} Rice. ., I : is intort sting the of thel ruling dGI:)s mOt ncicessarilY fo 'low+ .� ie, :'3 the
personnel changes , lir. Marior: would like to see a solution for Mr. Say ,
Chairperson Stotz Closed the public hearing at 8155 p1m ,
Chairp.orlon Stott aSkeG what is the fooling of board about acting on the appeal .
Mr. Niefi,ear stated he does not think the board should act on the :runoee% L
Chairperson Stotz stated he wo :.: :o like to see how the. deck is going to be conytr;ected .
Mr . Frost staled t'7eY would iko Mr. San 's lay s er to uontaot then= .
RESOLUTION O. 2OOOm64 � ADJOURNMENT of .APPEAL Aug Say 1431 Slaterville Road.
Tax Parcel No. 5& 14 2 October 11120009
-----------------------
OTIO made lv Harry c;e.^oi7dP.,14bv R'mald Kiwanl.�.
RES$ L 1`tmt ?`hi.7 bc7artl aliidd,?rf"ls the apgrC;rii M,f AIljtt SaO, reqZ.rC'5 ;ing as..it#; orlzar. 6i?r d t£3 €„ iar fic? a
i7oi7conTorm,,0g b.11idi g at 14-: 1 Slatwrid le Ri3ab. Town of Ithaca Tax Parmi No. 56-_ 1 "24 . 2,
r esiIl.ferNrce Disthl' .oi R" 15, iiri;il ttiv next ;ava ,;Ia le. Zoning Board of Af,:ipeais rrwetity, bUt tN;o niter than
I° . sal wary 2001 . honing Bos f d of +' p)pea/s n7eet`ing. .
A vote of i Ulte TION res u ilekey as fo hovv is
AYES: SZtJ°tz, EILlmorth, Krantz lSfrie;1etk, SO,
The MOTION t4iaw declared to be carried unamrmouslry.
Chalrp otz adjojrned the meeting dat 9 : 00 p, rfl .
Ocavid Strotz, Cha4PWsoM
f e
} A r e
/V
Carrie
carr a I". Whitmore ,itrnoY , o :: Town Clerk .
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, OCTOBER 11 , 2000
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, October 11 , 2000, in Town Hall,
215 North Tioga Street, Aurora Street Entrance (parking lot side) , Ithaca, N.Y. , COMMENCING AT 7 :00 P.M ., on
the following matters :
APPEAL of Relocation Resources, Owner/Appellant, Allan Warshawsky, Agent, requesting a variance from the
requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an
existing single-family home with a north side yard building setback of 14.4 feet ( 15 foot setback required), located at
12 Chase Lane, Town of Ithaca Tax Parcel No. 45- 1 -30, Residence District R- 15 .
APPEAL of Aung San, 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 with the
addition of a 12' x 14 ' outside wood deck at the building rear, located at 1431 Slaterville Road, Town of Ithaca Tax
Parcel No. 58- 1 -24 .2, Residence District R- 15 . Said building is nonconforming in that an attached carport is 5 ± feet
from the west side lot line ( 10 foot setback required) .
APPEAL of Robert P. Andree, Appellant, requesting a variance from the Zoning Board of Appeals under Section
8 .05-3 of the Town of Ithaca Sign Law to change nonconforming canopy signs and equipment identification signs at
the East Hill Citgo, located at 301 Pine Tree Road, Town of Ithaca Tax Parcel No. 62-2- 1 . 13, Business District "D. "
Said canopy signs are nonconforming because prior to October 3 , 1996 (the effective date of the current Sign Law)
most canopy signs and equipment identification signs were not regulated.
APPEAL of Cornell University, Owner/Appellant, Robert McIntyre, Bovis Lend Lease LMB , Inc . , Agent, requesting
a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, for the proposed addition .of a
temporary modular facility (until the year 2008) to serve the Wilson Laboratory Synchrotron, located off of the
Dryden Road, Town of Ithaca Tax Parcel No. 63- 1 -8 .2, Residence District R-30. In addition to the 7,000 ± square
foot modular structure, also proposed is the relocation of 37 parking spaces . The Special Approval requests
additionally include a request to maintain an existing 4,200 square foot modular facility until the year 2008.
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 : October 2, 2000
Published : October 6, 2000
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 Anneals in Town Hall 215 North Tioga
Street, Ithaca, New York on Wednesday, October 11 2000, commencing at 7 .00 P.M., as per attached
Location of sign board used for posting: Town Clerk Sign Board — 215 North Tioga Street.
Date of posting: October 2, 2000
Date of publication: October 6, 2000
Dani L. Holford, Building and Zoning De ment Secretary,
Town of Ithaca
STATE OF NEW YORK ) SS . :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 6th day of October 2000,
Notary Public
DEBORAH KELLEY
Notary Public, State of New York
No. OI KE6025073
Oualified in Schuyler County
Commission Expires May 17, 20