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HomeMy WebLinkAboutZBA Packet 2019-01-15Town of Ithaca Zoning Board of Appeals 215 N. Tioga Street Tuesday, January 15, 2019 6:00 p.m. Appeal of Cornell University, 170 McGowan Woods Road, TP 64.-1-2.2 requesting a variance from Town of Ithaca Code Chapter 225-3 (8) Sprinkler Systems to be allowed to not have a sprinkler installed in a storage building exceeding 400’ sqft in size. Information available at Town Hall. Paulette Rosa Town Clerk January 7, 2019 ZBA 01-15-2019 pg. 1 Town of Ithaca Zoning Board of Appeals Meeting Tuesday, January 15, 2019 Board members present: Rob Rosen, Chair; Members George Vignaux, Chris Jung, and Caren Rubin; Alternates David Squires and David Filiberto Absent: Bill King Staff present: Bruce Bates, Director of Code Enforcement; Debra DeAugistine, Deputy Town Clerk; and Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:00 p.m. Appeal of Cornell University, 170 McGowan Woods Road, TP 64.-1-2.2 requesting a variance from Town of Ithaca Code Chapter 225-3 (8) Sprinkler Systems to be allowed to not have a sprinkler installed in a storage building exceeding 400 sq ft in size. The applicant was not present. Mr. Rosen reported that they’re requesting a variance because of cost, claiming that a sprinkler system would far exceed the value of the structure. Mr. Bates said that this is a 15’ x 40’ prefab wooden building. In our code, it states that storage buildings exceeding 400 sq ft in size need sprinklers. This building will be basically used to store equipment. It was previously used by Cornell on a property in the city, and when they no longer needed it, they were going to get rid of it. The Cornell Grounds Department said they’d like to have it, and when they applied for the permit to move it to its current location, we informed them that they’d need a variance. The building will have to meet the proper setbacks. Ms. Rubin asked if they’re storing gas-powered equipment. Mr. Rosen responded that they just say equipment; they don’t say what type. Even if it will be things like gas-powered lawnmowers, that’s safe because people have those in their garages all the time. Mr. Bates said sprinklers aren’t required in residential uses; garages are exempt. Asked if the shed has electricity, Mr. Bates responded that it shows electric on the back. Ms. Rubin noted that the application says it will have no power and no heat. Mr. Rosen said he didn’t find anything unusually dangerous about this shed; the question is whether the sprinkler requirement is reasonable or not. He wondered whether they could use plastic pipe for the sprinkler and have a dry pipe system full of air. Mr. Bates said if there’s no heat, you’d have to put in a dry system. The valve system alone probably exceeds the cost of the building. Then you’d have to pipe water to the building, and the location sort of prohibits it. This sprinkler requirement is a town requirement, not a building code requirement. Back when we re-wrote the sprinkler law in 2012, there was a discussion about this because they the board was considering exempting even bigger buildings. ZBA 01-15-2019 pg. 2 Mr. Filiberto asked why the town has this requirement that’s different from the building code. Mr. Bates said the town has a more restricted law than the state; his understanding is that this came about partly because of the fire on campus in which there were a number of deaths. Mr. Rosen said we have to decide whether this could set a precedent. They said it’s too expensive, so how much could it cost? Cornell has millions of dollars. Mr. Bates said we’ve granted sprinkler variances to Cornell and IC before for smaller storage buildings. The requirement used to be for any storage building that was used for other than residential use; then they increased it to buildings larger than 400 sq ft. Ms. Brock said the thinking probably was that if it’s less than 400 sq ft, you’re not that far from an exit and could dart out fairly quickly. She doubted it was mathematically precise based on how long it takes the average person to move this far to get out of a building. Ms. Ruben said the distinguishing features are that there’s no power and no electricity, there won’t be anybody in the structure, it’s 300 feet from any inhabited building. That makes it pretty innocuous. Mr. Rosen agreed that it doesn’t seem like this building should need a sprinkler system, but we have to do the balancing test. Mr. Vignaux pointed out that the sprinkler system would undoubtedly exceed the value of the building. Mr. Rosen said the building is free, so just saying that the amount far exceeds the value of a free building, it could be any amount. Mr. Vignaux said it’s a shed: you could basically walk through a wall to get out if there’s a fire. Mr. Rosen said the building has two doors: a 10-foot garage door and a 3-foot personnel door at opposite ends. Mr. Vignaux said this means nobody is more than 20 feet from an exit. Mr. Rosen said that there’s no electricity, no heat, and no water; those are things we can point to. Even if there was water, it would be really expensive to install a sprinkler. Mr. Vignaux asked if the board could prohibit the storage of flammables other than in the gas tanks of small equipment. He said he has a 20’x20’ second garage. He stores his lawn mower and other equipment in it, plus three 5-gallon cans of gasoline. If he had to sprinkler it, he would tear it down. He said that if they cut the shed in half and separated it into two smaller buildings and moved them out five feet from each other, they’d be under the code. Or they could put a fire wall down the middle to have two separate buildings. It’s much ado about nothing. Mr. Squires said he’s supportive of the variance. He asked if conditions could be put on it such as no addition of power or heat; that would ensure that it would never be occupied as an office. Mr. Rosen said storage-use only is a better limitation than no power or no heat because they might need power for something; that’s not hazardous. Ms. Brock said our law also allows the requirement that alternative forms of fire extinguishing equipment be provided or the requirement of additional alarms or other devices to ameliorate the effects of having no sprinkler system. So you can mandate that there be fire extinguishers appropriate for whatever is being stored there. That's a fairly easy and inexpensive thing they can do. Board members were supportive of those conditions. ZBA Resolution 0069-2019 Sprinkler Variance 170 McGowan Woods Road TP 64.-1-2.2 January 15, 2019 Resolved that this board grants the appeal of Cornell University, 170 McGowan Woods Road, TP 64.-1-2.2, requesting a variance from Town of Ithaca Code Chapter 225-3 (8) Sprinkler Systems to be allowed to not have a sprinkler installed in a storage building exceeding 400 sq. ft. in size, with the following Findings: 1. Strict application of the Sprinkler Chapter of the Town Code would cause a practical difficulty or unnecessary hardship, because there is no water service at the site of the building, it is an unheated building, the value of the wood shed building is modest, and a sprinkler system would be expensive. 2. The omission of an approved sprinkler system from all or part of the building will not significantly jeopardize human life, because the building will be used for storage only, and the building has two exits on opposite sides of the shed, so no one is more than 20 feet from an exit. Conditions: 1. There must be a properly mounted fire extinguisher of appropriate size and type for the type and amount of storage, acceptable to the Town's Code Enforcement office, at each exit. 2. Both doors must be able to be unlocked and opened from the inside. 3. The building may be used only for storage. Moved: Rob Rosen Seconded: George Vignaux Vote Ayes: Rosen, Jung, Rubin, Vignaux, Filiberto The meeting was adjourned at 6:45 p.m. ed by, x ■sj Town Cleihk ' ZBA 01-15-2019 pg. 3 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign hoard of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal. □ ADVERTISEMENT/NOTICE □ NOTICE OF PUBLIC HEARINGS □ NOTICE OF ESTOPPEL □ NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Zoning Board of Appeals - January - One appeal - CU Sprinkler Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Town website at www.town.ithaca.nv.us Date of Posting: Date of Publi^i Town of IthacaZoning Board of Appeals215 N. Tioga StreetTuesday, January 15, 2019 6:00 p.m. University, 170 McGowan Woods Road Af T requesting a variance from Town of IthacaCode Chapter 225-3 (8) Sprinkler Systems to be allowed ann.^ slinkier installed in a storage building ex-H^l available at Town Paulette Rosa Town ClerkJanuary 7, 2019 1/7/19 Streeter Assr»r-u ' L,... .C 0003318732-01*^'»iaht of the tower. Cop- : 1/7/19 Paulette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) jd subscribed before me this day of 2019. otary Public iniCA- Debra DeAugistine Notary Public - State of New York NO.01DE6148035Qualified in Tompkins County ^My Commission Expires June 19, 20 pC. 1 TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us CODE ENFORCEMENT - BRUCE W. BATES, DIRECTOR Phone (607) 273-1783 n Fax (607) 273-1704 Zoning Board of Appeals ApDlication Form: Submit this application ONLY after; 1. Applying for a building/sign permit for which you received a determination/denial from Code Enforcement staff or 2. A referral from the Planning Board based upon a site plan or subdivision review. fT rz — For Office Use Only 7B A A nnearanrp Fpp- Property Is located within, or adjacent to; County Ag District: UNA;.County Ag District; UNA;7BA Appearance Fee: f-ropeny is locatea witnm, or adjacent to; County Ag District; UNA; For Office Use Only Date Received; _ State Park/another municipality Zoning District; Applicable Section(s) of Town Code: ^150 - Area, Sign, or CEA Forest Home Historic District; State Park/another municipality SprmKler Variance and ^ Special Approval For Office Use Only Date Received;^ Zoning District; $250 - Use Variance Please check all that apply: Applicable Section(s) of Town Code: Area Variance —— —— — Use Variance - Sign Variance " Sprinkler Varianc^ — — "" Special Approvaf _____ (Only 1 fee Is required per ~ — — appearance, higher fee —— prevails) The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals to be pemnitted to: At property address:_Tax Parcel No. as shown on the attached supporting documents. As description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows; (attach any additional sheets as necessary); By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. PRINT NAME HERE: Kevin McGraw. Signature of Owner/Appellarrt Signature of Agent: >Date: 11 >26-18 Best phone numberTor contacting: 0:607-255-7751 2ndnumber:C:607-227-6071 Email: kwm23(Scornell.edu NOTE: Your attendance at the ZBA meeting Is strongly advised.•ijihr Oj SPRiMKLERVARiAMCE CRITERBA FQRii ftp be completed bv AppBicant) Owner/Appellant/Agent Name: Kevin McGraw Address of Property Requiring Variance:3(to».faaot Puiiii inda- Tax Parcel No.: ^d.-1-l" = TEST: No sprinkler variance will be granted without a showing by the applicant and consideration by the Zoning Board the following factors: A. Will the strict appiication of the Sprinkler Chapter of the Town Code create a practical difficuify or unnecessary hardship? Yesj^x No EXAMPLES OF INFORMAPlease explain below even if you checked NO. Proof: Structure is intended for cold storage of small equipment and implements and is located approx. 300ft from inhabited structures. Cost of Sprinkler system/water line would far exceed value of structure. B. Will the omission of an approved sprinkler system from ail or part of the building significantly jeopardize humajLljfe? , Yesn Noiyi X Please explain below even if you checked NO. Proof: intended for cold storage of equipment Limited human interaction other than placement or removal of said equipment. TION FOR QUESTION 1 B Estimated cost of a sprinkler system for this structure. ° Cost of the structure or assessed value B Size and shape of structure (architectural drawings) B Presence or absence of water or heating systems in the structure EXAMPLES OF INFORMATION FOR QUESTION 2 n Building use and layout (floor plan) B Site plan (location of building on property and relation to other structures) n Building construction mater^te and methods n Occupancy and # of occupants. n Forms of alterative mitigation ZBA Appl. Use Variance REV January 2014 Paulette Rosa From; Rob Rosen <robrosen78@gmail.com> Sent: Monday, January 7, 2019 12:28 PM To: Paulette Rosa Cc: Bruce Bates; brock@clarityconnect.Gom Subject: Re: For Tuesday Jan 15th It's true that the applicant does not have to appear in person - we've had others who did not. Possibly there is someone else who could go instead. However, even if the applicant does appear in person, I anticipate that the board members will have questions about information that is not included with the application. Please ask him to provide additional info. I anticipate that these questions will be raised by board members before they can approve this application. 1. Cost estimate for building the shed itemized by site work, materials, and labor. 2. Cost estimate for installing sprinkler system, itemized by extending the underground water main, piping inside the shed, and freeze protection. 3. Sketch plan with dimensions showing distance from neighboring building, size of shed, and location of doors in the shed. 4. In the photo rendering, it looks like one side of the shed is an open bay with no door. Is that correct? 5. What is the construction type, such as, metal frame and sheathing or wood frame and sheathing? 6. Will there be electric service to the shed? If so, what will the electric uses be, such as lighting, battery chargers, etc. 7. What kind of equipment and implements will be stored in the shed? Is there any unusual hazard related to gas powered or diesel powered equipment? 8. Will there be any hazardous material stored there, such as, pesticides or fertilizers? 9. How many people will be in the shed at one time? How often? How long will they spend there? Thanks, Rob On Jan 4, 2019, at 10:21 PM, Paulette Rosa <PRosag)town.Ithaca.nv.us> wrote: How should I answer this??? From: Kevin W. McGraw <kwm23@cornell.edu> Sent: Friday, January 4, 2019 9:08 AM To: Paulette Rosa <PRosa(5)town.ithaca.nv.us> Subject: RE: For Tuesday Jan 15th Hi Paulette, I doubt I can make this meeting as I am usually done with work by 3:30 so I can pick my children up from school. Where is this meeting being held and is it really crucial for someone to be there? -Kevin From: Paulette Rosa <PRosa(S)town.ithaca.nv.us> Sent: Monday, December 31, 2018 11:35 AM To: Kevin W. McGraw <kwm23(5)cornell.edu> Subject: RE: For Tuesday Jan 15th Finalized application. You are on the calendar for January 15"^ at 6pm. There is no poster or mailing because you are located on campus from what I can tell so I would simply be notifying other Cornel entities. You should absolutely appear or have someone appear. Paulette From: Kevin W. McGraw <kwm23(5)cornell.edu> Sent: Monday, December 31, 2018 11:13 AM To: Paulette Rosa <PRosa(5)town.ithaca.nv.us> Subject: Re: For Tuesday Jan 15th Is this just the finalized application or does it mean our variance was approved. Cannot find a yes or no anywhere... -Kevin Get Outlook for iOS From: Paulette Rosa <prosa(a)town.Ithaca.nv.us> Sent: Monday, December 31, 2018 10:57 AM To: Bill King; Bruce Bates; Caren Rubin (carenrubinPemail.com): Chris Jung; George Vignaux (george(avignaux.com): Rob Rosen (robrosen78@gmail.com): Susan Brock (brock(5)claritvconnect.com): David Filiberto; david m squires Cc: Kevin W. McGraw Subject: For Tuesday Jan 15th Hi All This is so small I was not going to print it out and mail it.... If you would like a hard copy, please let me know. Thank you Paulette Paulette Rosa From: Kevin W. MoGraw <kwm23@cornell.edu> Sent: Wednesday, January 2, 2019 2:44 PM To: Paulette Rosa Subject: Re: Picture of the door Hi Paulette, The current door isn't visible really as it is at the end of a 4'xl5' hallway that is painted jet black. It opens into a large space that was utilized as an interactive art installation. We recognized the buildings potential for storage and jumped on the opportunity to acquire it (originally slated for demo). Before we use it we plan on moving that door and eliminating the hallway. Then we will put a large garage type door on one end and reinstall an entrance door where the entrance to the hallway once resided. Basically creating a large storage shed for smaller equipment. No power,no heat, etc. Hope this helps a bit. -Kevin Get Outlook for IPS From: Paulette Rosa <prosa@town.Ithaca.ny.us> Sent: Wednesday, January 2, 2019 2:18 PM To: Kevin W. 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