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HomeMy WebLinkAboutZBA Minutes 2002-05-20 FILE DATE lo �. TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, MAY 20, 2002 7 : 00 P. M . APPEAL of the Town of Ithaca , Appellant, Fred Noteboom Town Highway Superintendent, Agent , requesting an approval from the Zoning Board of Appeals under Article V, Section 18 of the Town of Ithaca Zoning Ordinance , in order to renovate and expand the Town Public Works Facility at 106 Seven Mile Drive , Town of Ithaca Tax Parcel No , 33-2-6 . 5 , Residence District R-30 . APPEAL GRANTED APPEAL of Robert and Barbara Cotts , Appellants , seeking a variance from the requirements of Article IV , Section 14 and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance in order to place an 8 foot high fence within required open yards at 115 Northview Road , Town of Ithaca Tax Parcel No, 52- 1 -7 , Residence District R- 15 . APPEAL GRANTED APPEAL of John Lowe , Appellant, Lawrence Fabbroni LS , Agent, requesting a variance from the requirement of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance , to be permitted to subdivide land with a yard width of 25 feet both at the street line and at the maximum front yard setback (60 feet and 100 feet required) at 136 Snyder Hill Road , Town of Ithaca Tax Parcel No . 61 - 1 - 12 . 1 , Residence District R- 15 . A variance from the requirements of Section 280A of New York State Town Law may also be requested . APPEAL GRANTED APPEAL of Town of Ulysses , Appellant, Doug Austic , Agent requesting a variance from the requirements of Article IV, Sections 14 and 16 of the Town of Ithaca Zoning Ordinance to be permitted to construct a municipal water pumping station on an 8225 + square foot lot ( 15 , 000 square feet required ) with a 73. 74 + foot lot depth ( 150 feet required) , located at 133 Woolf Lane , part of Town of Ithaca Tax Parcel No , 23- 1 - 11 . 134 , Residence District R- 15 . Said building will have a 15 + foot front yard building setback (25 ± feet required) . APPEAL ADJOURNED APPEAL of Ardell Alling , 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 construct a garage on a non- conforming parcel of land at 288 Hayts Road , Town of Ithaca Tax Parcel No . 24- 1 -38 , Residence District R-30 . Said property is non -conforming as it has a lot width of 140 feet ( 150 feet required) and a residence with an existing east side yard building setback of 30 + feet (40 foot setback required ) . The proposed garage will be placed on the building 's south side . APPEAL GRANTED APPEAL of Bonnie Howell , Appellant , HOLT Architects , Agent , requesting authorization under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to reconstruct a single-family residence on an undersized building lot with deficient side yard building setbacks . Variances from the requirements of Article IV , Section 11 , 14 , 15 , and 16 are also requested to construct the new residence with a building height of 52 + feet (36 foot limit) with a lot coverage of 26 + percent (20% ma. r;imum coverage allowed) and new building setbacks that will continue to be deficient. APPEAL GRANTED TOWN OF ITHACA ZONING BOARD OF APPEALS FILE MONDAY, MAY 20 , 2002 DATE 6 7 : 00 PM PRESENT : Kirk Sigel , Chairperson ; Harry Ellsworth , Board Member; David Stotz, Board Member; Ronald Krantz , Board Member; Andy Frost , Director of Building/Zoning ; John Barney, Attorney for the Town ; Mike Smith , Environmental Planner; Fred Noteboom , Highway Superintendent. EXCUSED : James Niefer, Board Member, ALSO PRESENT : Robert & Barbara Cotts , 115 Northview Road ; Vince Arcuri- David , Slaterville Road ; Serara O ' Brian , 130 Snyder Hill Road ; Ardell Ailing , 288 Hayts Road ; Bruce Rich , 253 Dubois Road ; Audrey Lowe , 136 Snyder Hill Road ; Sydney Merritt , 127 Woolf Lane , Danny Hestel , Trumansburg ; Larry Hoffman , HOLD ; Coralie Brink , 594 Stillwater Drive ; Miles Cigolle , HOLT ; Larry Fabbroni , 127 Warren Road ; Jean Malone , 132 Woolf Lane ; Mark Zaharis 128 Woolf Lane ; Bonnie Howell , 101 Dates Drive , Chairperson Sigel - Good evening . This is the May meeting of the Town of Ithaca Zoning Board of Appeals . We have eight items on the agenda this evening . A couple of brief issues before we take our first appeal and then we have six appeals tonight . The six appeals are the Town of Ithaca , Robert and Barbara Cotts , John Lowe , Town of Ulysses , Ardell Ailing and Bonnie Howell . We will be taking them in that order. AGENDA ITEM : Consideration of Revision to the Zoning Board of Appeals Resolution No. 2002-19 , Appeal of George Blanchard . Chairperson Sigel - The first item we have before us is a modification of a resolution that we passed recently for George Blanchard . Is Mr. Blanchard here ? Mr. Frost - No . Chairperson Sigel - He wasn 't going to come ? Okay . Mr. Frost - You have before you a memorandum dated May 3 , 2002 that I wrote . If you have any questions . . . There are two issues . When we advertised this originally, we talked about the building lot not having frontage on a Town , County or State highway. When we got into the appeal , we clarified that . The resolution may not have been prepared exactly correctly . There is frontage and the. variance was granted . We need to modify the wording of that variance approval to state that it did have frontage . That is one item . The second item is there was a modification on the actual subdivision of the land . As my memo indicates , there was a length of five additional feet added to the rather long driveway connecting the back parcel of the property to the road front . I did not feel that this needed to come back to the board , but I would bring it to you just for your consideration . Any questions of me ? Chairperson Sigel - Does anyone have any questions at all . ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Chairperson Sigel - Okay . Then I will move to modify Resolution No . 2002- 19 , to strike the word ' not" so that it reads , "the building lot does front on a Town , County or State Highway" and also finding that it is acceptable that the driveway is now approximately 5 feet longer. Mr. Frost - Yes . Chairperson Sigel - Second ? Mr. Stotz - Second . Chairperson Sigel - All in favor? Board - Aye . ZB RESOLUTION NO. 2002=020 - George Blanchard, Tax Parcel No. 44. =2= 7, May 20, 2002. MOTION made by Kirk Sigel, seconded by David Stotz. RESOLVED, that this board modifies Resolution No. 2002- 19, granting a variance from the requirements of Article V, Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town Law, in order to create by subdivision, a building lot that does front on a Town, County or State highway but does not contain the required width at the street line or maximum front yard setback and also finding that it is acceptable that the driveway is approximately 5 feet longer, near 165 King Road East, Town of Ithaca Tax Parcel No. 44. -2- 7, Residence District R- 30, AYES: Sigel, Ellsworth, Stotz, Krantz. NAYS: None. The motion was declared to be carried unanimously. AGENDA ITEM : Approval of a generic building plan for 1590 Slaterville Road as per Zoning Board of Appeals Resolution No. 2000-65 . Chairperson Sigel - Okay . Next we have to approve a generic building plan for 1590 Slaterville Road . This is because of Resolution No . 2000-65 where we granted a variance , but required that the applicant come back before us for approval before a building permit is issued . Is someone here to represent them ? Would you mind coming to the microphone? State your name and address and give us a brief overview . Mr. Frost - I might state before Vince speaks that we have had meetings with the Fire Department , myself , Wayne from the Water/Sewer Department at the Highway Department and someone I think from the Engineering Department as we ' . We looked at the improvement of the driveway from Slaterville Road up to the proposed building site . We have looked at Ray's improvement of the driveway and so forth to be comfortable with Fire Department access . My last conversation with Ray Wheaton , who is on vacation this week , from the Fire Department is that he is satisfied at this point 2 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 that if the driveway is improved as we have discussed that he is satisfied with access . My office is as well . We don 't have before you any real specific building plan . Essentially, we have brought some sketches for you to see . He had mentioned as well that he might move the proposed building site a little bit closer to Slaterville Road . With that being said , I ' ll turn it over to Vince . Vince Arcuri- David , Van Etten NY - I typed up a note for Andy. I outlined the tax map number, the current owner and then my wife and myself . Our intention is to build a two- bedroom ranch home approximately 1200 feet from the Slaterville Road entrance . We have done a lot of legwork here for about 4 months just trying to see if it was conceivably affordable . We actually may move it down to 600 feet , but in talking with Andy , he didn 't think that it would actually be a benefit versus a negative . At this point , we are intending 1200 feet . It is a possibility we might bring it down closer to the Slaterville Road . The driveway in talking with , as Andy mentioned , Ray Wheaton , the sewage folks , Town Engineer, and also my possible builder, we' re talking about expanding the driveway to 20 feet wide to facilitate a truck and just for general turnaround purposes . We would be excavating approximately about one foot deep . Twelve foot wide road stabilization fabric where it was necessary . It didn 't seem from talking with Wayne Sincebaugh that it was necessary to put it all the way through and Dan Walker seemed comfortable with that . Basically , we would come up about 500 feet and cut in . That new driveway would definitely need some road fabric or stabilization fabric . All trees , limbs and brush that would be a nuisance to both myself to get up to the house and also a fire truck would obviously need to be cut back . The nice thing is that the sewer connection has a 100-foot right-of-way adjoining the property just on the property to the right of this . So that is where we would tie into the sewer line . The electric , gas and telephone lines would all be run according to code . We have been in contact with NYSEG and those folks . As Andy mentioned , we've met numerous times up there . I have met with the builders . We feel pretty confident we can accomplish what we have outlined here . Mr. Ellsworth - What is the address of this property? Mr. Arcuri- David - Is it 1590 ? 1 see that on the sheet . It is listed as zero on the real estate . Mr. Frost - We are going to have to assign a more specific address . The building plan that you see is a 34-foot by 32-foot floor plan and is in fact a very modest home . Any more specific building plans we don 't have , but I 'm not sure you really need that in consideration of access to the site . Mr. Stotz - Andy , tell us again why we are approving this . Mr. Frost - You should have had the resolution from the approval that went before this board in November of 2000 . It was an approval to permit a building lot essentially on this parcel of land that had approximately 30-foot wide access going up to about 10 acres of land behind . In your wisdom when you granted the approval , you wanted any building permit submitted or brought to the board before you got a building permit . The key concern was emergency access up this rather long driveway . Mr. Ellsworth - Is that Resolution No , 2000-65 ? 3 ZONING BOARD OF APPEALS MAY 20 , 2002 APPROVED JUNE 17, 2002 Mr. Frost - Yes . This is what my memo referred to . Mr. Stotz - Thank you . Mr. Frost - We all actually shared in your concern in access . Mr. Stotz - Oh , yeah . I remember that now . Mr. Frost - The property was under the name of Lampede . Mr. Stotz - So this is the house you are proposing to build ? Mr. Arcuri- David - Just a modest ranch with , most likely we are going to go with a basement . I don 't know if that is critical to know that now , but most likely a basement . Mr. Stotz - Is the site going to be developed in any other way around the house ? Mr. Arcuri- David - Other than probably some fencing , not really . When you say developed , I want to make sure I understand the question . Mr. Stotz - Is it going to have a builder's grade around it? A final grade , slope and lawn ? Mr. Arcuri- David - Yeah . We are going to have about an acre of lawn and some fencing . Chairperson Sigel - You ' re not planning on putting in any large garages or . . . ? Mr. Arcuri- David - No . 1 haven 't planned that and I don 't see why I would need that . Mr. Stotz - This plan is really for two units . Mr. Arcuri- David - Yeah . My wife liked the layout , but it is listed that way , for our family needs it works out well . It is just broken up well . I think if you notice , I think she crossed out the second kitchen . It is probably going to be the two bathrooms . It is listed as a two- unit , but it is going to be a one- unit ranch , two bedrooms . Mr. Stotz - You ' re going to be stuck back in the woods aren 't you ? Mr. Arcuri- David - Yeah . Mr. Frost - From what I know of Vince since we have been talking , I think that is his intent . Chairperson Sigel - Any other questions or comments ? Would somebody like to make , a motion of approval of the building plan ? 4 ZONING BOARD OF APPEALS MAY 202 2002 APPROVED JUNE 17, 2002 Mr. Stotz - I would move that the board approve the building plans submitted by Mr. Arcuri - David further satisfying the conditions laid out in the approved appeal acted upon by the Board on November 8 , 2000 . Chairperson Sigel - Is it okay to add a finding that satisfactory evidence has been presented that the access is acceptable for emergency vehicles? Mr. Stotz - Yes . Chairperson Sigel - Any other suggestions ? Attorney Barney - No . Mr. Ellsworth - And the plans for a ranch style house be for one family . Chairperson Sigel - And that the approval be for a single-family house , substantially similar to the plans submitted . Second ? Mr. Krantz - Second . Chairperson Sigel - All in favor? Board - Aye . ZB RESOLUTION NO. 2002w021 - Vince Arcuri-David, 1590 Slaterville Road, Tax Parcel No 56. = 3-25, May 20, 2002. MOTION made by David Stotz, seconded by Ronald Krantz. RESOLVED, that this board approves the building plans submitted by Mr. Arcuri-David further satisfying the conditions laid out in the approved appeal acted upon by the Board on November 8, 2000, 1590 Slaterville Road, Town of Ithaca Tax Parcel No. 56. -3-25, Residence District R- 15, based upon the following: FINDING: a. satisfactory evidence has been presented that the access is acceptable for emergency vehicles. CONDITION., a . the approval is for a single-family house, substantially similar to the plans submitted to the board for the May 20, 2002 meeting. AYES: Sigel, Ellsworth, Stotz, Krantz. NAYS: None. 5 ZONING BOARD OF APPEALS MAY 20 , 2002 APPROVED JUNE 17, 2002 The motion was declared to be carried unanimously. Chairperson Sigel - Thank you . The first appeal was as follows : APPEAL of the Town of Ithaca , Appellant , Fred Noteboom Town Highway Superintendent, Agent, requesting an approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , in order to renovate and expand the Town Public Works Facility at 106 Seven Mile Drive , Town of Ithaca Tax Parcel No , 33-2-6 . 5 , Residence District R-30 , Chairperson Sigel - The next appeal is that of the Town of Ithaca . Mr. Frost - I don 't see Fred here . Maybe we can skip it and come back to it later. Chairperson Sigel - Okay. We will skip that on for now. Mr. Frost - The Highway Superintendent is expected to be here . The second appeal was as follows : APPEAL of Robert and Barbara Cotts , Appellants , seeking a variance from the requirements of Article IV , Section 14 and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance in order to place an 8 foot high fence within required open yards at 115 Northview Road , Town of Ithaca Tax Parcel No . 52- 1 -7 , Residence District R- 15 . Robert Cotts , 115 Northview Road - The secretary put on your desk some extra material that goes beyond what we submitted in our application . I thought this would be useful for you to see more than you can see just from a site plan . So there are some pictures here that I would like to explain to you . I assume that you read the statement that we submitted with our appeal . I ' ll just summarize it briefly to the affect that as other areas on the west side of the Six Mile Creek Valley has had a lot of growth in the deer population . We've had a lot of damage to our gardens as a result . By gardens I don 't just mean vegetable garden , I mean beds of perennial flowers , shrubbery and trees . We 've tried a number of things . Now , we would like to build a fence . I 'd like to add a little to what I said and describe a little what you can see on these pictures . You have in front of you two sheets of paper. Number 1 , which has pictures with a drawing of our lot in the middle . You see on the drawing little numbers there . They are the numbers of the pictures . The red arrow shows the direction in which the camera was pointed . The second sheet of paper has some supplementary information . Now without review the problem with deer, which you are all familiar with . In addition to plant damage and deer droppings on the lawn , last year the dog belonging to a guest in our home encountered a doe with her fawn on our lawn . The deer took a protective and threatening stance until the fawn ran and then the doe left with it . The dog remained under control , but the incident impressed us with i*`ie danger that the presence of deer could be for children and family pests . It isn 't just a nuisance in terms of plants and so on . 6 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 We wouldn 't be building a fence if there were another solution to the deer problem . We have tried everything else . We not only have fencing advice from the Extension 's bulletins and the Cornell Plantations , we have learned that a six-foot high fence is a deterrent , but an eight-foot fence is recommended . I am here today because we would like to have an eight-foot fence within the normal setbacks that the Town rules ask for. If we use a six-foot fence , there is a risk that a deer could enter the fence area and would not be able to find its way out without our intervention on its behalf. We do not want to be in the position of trying to herd a deer out of one of the gates that will be part of the fence . When I talk about a fence , the drawing shows the fence shown in a blue line on it . Our lot is about one acre of land . The fence goes from near the front of the house into a large area in back. There will be gates in the fence . We think the fence will present a much better appearance than our hodge podge and makeshift attempts to protect individual plants at different seasons with different kinds of protection . The fence we have in mind would be made of coated steel wires supported by coated steel posts with fencing posts eight feet high . The spacing of the bars would be six by six inches over most of the fence with closer spacing near ground level . As planned , the fence would be installed by the Whitmore Fence Company of Dryden . The second sheet . of photographs , speaking of the fence , on the upper left hand corner you see a picture of identical fences except for the wooden posts . Our fence would have all metal posts . This fence in the upper left hand corner is part of what now surrounds the Cornell University Apple Orchard on Dryden Road . If you look at the picture next to it , you 'll see a yard fence of the same material . The third pictures shows in detail the construction of wire crossings in this fence . At each wire crossing , there is a bit of wire wrapped around very tightly. It prevents horizontal or vertical wires from moving at that juncture . The fence that I have two pictures of , the second and third , have six by twelve inch spacing in the mesh . Ours is going to be a six by six. It is a tight , firm fence that a deer cannot damage . The fence would be effective night and day, winter and summer, in rain , snow or sunshine . Now we decided to fence off an area of our lot for ourselves without the deer on the sides and back of our house . To adequately enclose our backyard , we need to bring the fence within 15 feet of our neighbor' s lot lines . These neighbors , Thomas Swensen at 113 '/2 Northview Road and Peter Hinkle at 117 Northview Road have signed statements of acceptance of our fence and the plan . There is no need to be concerned about setback along the front and back property lines . We meet those requirements . I can show you to get a better idea of the layout ; I refer you to pictures again on sheet number 1 . The first picture was taken from Northview Road and incidentally this drawing of the lot has north running to the right instead of up as it normally does on maps . So looking from Northview Road , you are looking west . You see the front of the house . You ' ll see where the fence leaves the left side of the house near the left front ; it goes off to the left just past the mailbox in that picture number 1 to a white dot . Then it goes backwards av,Vay from the camera and you can 't see any further because of the woods and brush in the back . Than on the right side of the lot on the north side , you see a white line . The fence starts at the side of the garage . It comes towards the camera until about the back of the 7 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 dark colored car. Then it goes to the right down to the Hinkle boundary where you see a row of yellow forsythia bushes in bloom . Then it goes back again towards the back of the lot . Now if we get closer to the fence line that is in picture number 2 , you ' re looking . . . you ' ll see the corner with the Swensen ' s . You can see a bit of their house through the trees and their driveway on the left side of the picture . The white line there shows the fence line coming from the front of our house on the south side and then heading back and going just along the Swensen side of the vegetable garden , which is shown on the drawing . If you go all the way back along that line and turn around and take another picture , you get picture number 3 looking eastward towards Northview Road again . Picture number 3 is in brushier, more wooded area . That has been partly cleared out . The fence line is again shown by a white line . It goes to the west end of our vegetable garden . That fence will just skim the side of our vegetable garden . Then picture number 4 shows the ravine in the back of our lot . The lot backs up against the stream that crosses our property . It is between us and the houses on Pineview Terrace . Picture number 4 is looking slightly southwest and you can see the ravine and a couple of houses on Pineview Terrace . The white line there shows the line of the fence . The line of the fence on the back side there will leave enough room for the deer to have a deer run from across the back of our property without having to go down into the ravine , although they do that regularly . Right now there are about three deer runs through our property. Picture number 5 is looking northwest and then you see the track of the fence line . Picture number six is facing back towards Northview Road over on the north side of the lot near Hinkle ' s lot line . Then looks through the brush and finally comes out in the area near picture number seven . In picture number seven we' re back near the front of the house . I was standing near the driveway looking towards the Hinkle 's and you can see their house , which is a little lower than ours because the land is gently sloping , mostly sloping to the north . The fence line then would come along the Hinkle' s property , which is just our side of the forsythia bushes there . It then heads back toward the driveway going to the left of the oak tree , which you can see on the right hand side of that picture . It is to the right of a bed there that is a shade bed . They are getting shade from the oak and the nearby maple . Incidentally, if you look hard at that picture , in the middle of the right hand forsythia you see a dark dot there . That is actually a deer. So , I didn 't expect to see a deer there , but I wasn 't surprised when I took the picture . So I walked down to the oak tree and took another picture , as you can see in 7a in the lower right hand corner. The deer have seemed to make Northview Road a deer park. There are six or eight or ten deer that are there everyday . They hang around . They sleep there . They bed down on the lawns . That is what it has become . Picture number 8 , the camera was standing closer to Northview Road looking west again and you see the line going from the fence that would come up and go to the driveway and then back to where the blue line goes to the garage and terminates there . So that is the pattern of the fence . There is sort of brush that goes through . I mention this because the fence will be quite a ways from the road , probably 80 feet at the closest point. This fence is relatively transparent as you can see from the Cornell fencing and this other fence . It is very hard to see the wires . So I don 't think it will be a visuai obstruction or problem for our neighbors or people going by. 8 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 To see what our neighbors would see , the lower three pictures on page number 2 show the first picture as what you would see if you were standing in the Hinkle's driveway to the north looking at our house . There you see again that row of forsythia bushes . The white line shows where the fence would be on our side of the forsythia bushes . Then it goes up towards the driveway and comes back to the side of the garage again . That is the Hinkle's view from the north . The Swensen 's to the south would see the picture in the middle on the bottom of the second page. I think that this picture was taken from their driveway looking towards our house . They also have a little raised bed garden there . I think that our fence would not make much difference in that scene . I estimate that less than five percent of the area of the fence is made up of posts and wire . So it is really quite transparent . To get an idea of what the land looks like from our backyard , here is a picture that goes down our trail to the ravine . The last picture shows the path of the white , the white line shows the path of the fence at the edge of the ravine . Mr. Ellsworth - I think we got the idea , pretty much . Mr. Cotts - Okay. Mr. Ellsworth - I have one question if it is appropriate at this time . Chairperson Sigel - Go ahead . Mr. Ellsworth - Your neighbors have signed that they are agreeable with the fence . Have they stood with you on your property and you showed them where the fence was going to be ? Mr. Cotts - Yes . Mr. Ellsworth - Both of them have signed ? Mr. Cotts - Okay. Mr. Ellsworth - I 've got all I need . Mr. Krantz - I had one comment I would like to make . It seems like not only a reasonable approach that you have , the board has to realize that the deer have made a home in upstate New York . Not just on Northview Road . We are going to be opening floodgates to eight foot high fences because the world as we know it is going to want these . Mr. Cotts - May I comment on that? Chairperson Sigel - Let me just ask something first . Is it the case that it is just the 15-foot setback that is an issue or is it the height? Attorney Barney - The 15 -foot setback is an issue because if it is over six feet than it is considered a structure . The structure has to stay outside the setback. 9 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 17, 2002 Chairperson Sigel - So , it is legal if it is either shorter or set back more ? Attorney Barney - Exactly. Mr. Stotz - What about the height of the fence ? Mr. Frost - If it is within six foot , then it can be anywhere on the property line . If it is maintained with proper setbacks , 15-foot sides , 30-foot rear, and 25 front , then theoretically it could be a 40-foot high fence . Attorney Barney - A 36-foot high fence . Chairperson Sigel - So the eight feet would be allowed if it were set back 15 feet? Attorney Barney - Right . Chairperson Sigel - So it is not that the eight-foot fence is completely not allowed . Mr. Frost - It is in the setback area . Chairperson Sigel - We could probably make findings that given the layout of the lots , the neighbors are close . . . Mr. Ellsworth - I think maybe in regard to other cases , Ron , I asked the question as to whether the neighbors know where it is going to be . So they are in tune with it . In other cases it may not be that way. I realize what is going on . I can personally understand because I have a whole herd of deer that I would like to send over to your side of town from my yard . So I got the program very early . Mr. Cotts - One of the reasons I made this map is that if we set the fence back 15 feet on the south side , we would exclude two of our gardens . We have lived there for 42 years and have put a lot of attention into these beds . We don 't want to build a fence between us and those gardens . Chairperson Sigel opened the public hearing at 7 : 36 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 7 : 37 p . m . ENVIRONMENTAL ASSESSMENT: Chairperson Sigel - Mike , any comments on the environmental assessment form ? Mr. Smith - No . Chairperson Sigel - Any other questions or comments ? Would someone like to make a motion on the SEAR form ? Mr. Ellsworth - In the appeal of Ron and Barbara Cotts at 115 Northview Road , I move that the board make a negative declaration of environmental significance also based on the review by the Town Planning Department . 10 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Chairperson Sigel - Second ? Mr. Stotz - Second . Chairperson Sigel - All in favor? Board - Aye . ZB RESOLUTION NO. 2002-022 - ENVIRONMENTAL ASSESSMENT - Robert and Barbara Cotts, 115 Northview Road, Tax Parcel No. 52. = 1 -7, Residence District R45, MaV 20, 2002. MOTION made by Harry Ellsworth, seconded by David Stotz. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Robert and Barbara Cotts, seeking a variance from the requirements of Article IV, Section 14 and Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance in order to place an 8 foot high fence within required open yards at 115 Northview Road, Town of Ithaca Tax Parcel No. 52. - 1 - 7, Residence District R- 15 for the reasons set forth in the environmental assessment completed by Town Staff. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz. NAYS: None. The motion was declared to be carried unanimously. Chairperson Sigel - If there are no further questions or comments , would someone like to make a motion on the appeal ? Mr. Ellsworth - In regard to the appeal of Robert and Barbara Cotts , I move that the board grant a variance from the requirements of Article IV , Section 14 and Article XIII , Section 65 of the Town Ordinance that they can place an eight foot high fence of the style that has been presented in these pictures we have from the Cotts within . . . at 115 Northview Road , Town of Ithaca Tax Parcel No . 52 . - 1 - 7 , Residence District R- 15 . The fence is located within the setback requirements . Chairperson Sigel - That the fence be located where indicated on the plans and not exceeding eight feet at any point . Having found that the requirements of an area variance have been met . A further finding that neighbors on each side have signed statements saying that they are satisfied with the fence . Mr. Ellsworth - And its location . Chairperson Sigel - Acceptable , Harry? Mr. Ellsworth - Yes . 11 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Chairperson Sigel - Second ? Attorney Barney - Did you make the finding that the benefit to the applicant out weights the detriment to the neighborhood ? Chairperson Sigel - I just made the general finding that the area variance requirements have been met . Attorney Barney - You might want to make that specific language . Mr. Ellsworth - Agreed . Attorney Barney - I should add that the Cotts are clients of my office . I need to state that for the record . Chairperson Sigel - Second ? Mr. Krantz - Second . Chairperson Sigel - All in favor? Board - Aye . ZB RESOLUTION NO. 2002-023 - Robert and Barbara Cotts, 115 Northview Road, Tax Parcel No. 52. 4 -7, Residence District R- 15, MaV 20, 2002. MOTION made by Harry Ellsworth, seconded by Ronald Krantz. RESOLVED, that this board grants the appeal of Robert and Barbara Cotts, seeking a variance from the requirements of Article IV, Section 14 and Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance in order to place an 8 foot high fence within required open yards at 115 Northview Road, Town of Ithaca Tax Parcel No. 52. 4 - 7, Residence District R- 15 based upon the following: FINDINGS: a . the requirements of an area variance have been met, and b, the benefit to the applicant out weighs the detriment to the neighborhood, and C, the neighbors on each side have signed statements stating they are satisfied with the fence. CONDITIONS: a . the fence be located where indicated on the plans submitted to the board, and b, the fence is not to exceed eight feet in height at any given point. The vote on the motion resulted as follows: 12 ZONING BOARD OF APPEALS MAY 207 2002 APPROVED JUNE 17, 2002 AYES: Sigel, Ellsworth, Stotz, Krantz. NAYS: None. The motion was declared to be carried unanimously. Mr. Krantz - I would like to make one quick comment here . We've made a negative recommendation of environmental significance , which is really pretty absurd . It is a positive change in the environment not a negative change . Attorney Barney - Actually, I don 't think you even needed to make any finding because it was a Type II action and it doesn 't come under SEQR any way. Mr. Ellsworth - We more than covered the case . Chairperson Sigel - Thank you . The third appeal to be heard was as follows : APPEAL of John Lowe , Appellant , Lawrence Fabbroni LS , Agent , requesting a variance from the requirement of Article IV , Section 14 and 16 of the Town of Ithaca Zoning Ordinance , to be permitted to subdivide land with a yard width of 25 feet both at the street line and at the maximum front yard setback (60 feet and 100 feet required) at 136 Snyder Hill Road , Town of Ithaca Tax Parcel No , 61 - 1 - 12 . 1 , Residence District R- 15 . A variance from the requirements of Section 280A of New York State Town Law may also be requested . John Lowe , 136 Snyder Hill Road - We are appealing to you for the variance to obtain a 25 foot right- of-way to a lot that will be 4 . 83 acres with a deed restriction and subdivision restriction that one house be allowed to be built on that property . It is an existing driveway now that serves our house and serves the tenant that lives in the apartment of our house . It serves my father- in - law who lives in the subdivision , which is essentially part of our property that is on the right side of the survey map . It would be just one family utilizing the 25-foot driveway width . We have mature trees that we have taken care of for the last 40 years in the area . It would really narrow down our side yard , which is where our space is if we had to take the whole 60 feet . Chairperson Sigel - I take it that this has already been before the Planning Board for subdivision approval ? Mr. Lowe - Yes . If you look at the bottom of their adopted resolution , you can see their stipulations and then on the backside . Chairperson Sigel - Do you currently have plans for the house ? Mr. Lowe - No . We would be selling it . Chairperson Sigel - But you are preparing it for sale ? 13 ZONING BOARD OF APPEALS MAY 20 , 2002 APPROVED JUNE 171 2002 Mr. Lowe - Yes . Mr. Stotz - Would there be a turn in that driveway? Mr. Lowe - At the top of the driveway? Yes . Chairperson Sigel - So it will just split off . Mr. Lowe - There is a turn you can see , the existing turn , and this will just go in the opposite direction . Chairperson Sigel - Andy, would you have concerns about emergency vehicle access ? Mr. Stotz - Can a fire truck negotiate that all right? Chairperson Sigel - Andy indicated that he wasn 't concerned with this location . Any other questions? Mr. Stotz - Are the O 'Brien 's aware of this ? Mr. Lowe - Yes . Mr. O 'Brien is here . They have been close neighbors and friends for years . Mr. Stotz - And the same thing with the Hoffmann 's? Mr. Lowe - Yes . Eva is on the Planning Board . Chairperson Sigel - She voted for it I assume . Mr. Lowe - She voted for it . Chairperson Sigel opened the public hearing at 7 : 46 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 7 : 47 p . m . Chairperson Sigel - Any other questions or comments ? Mr. Stotz - Is a house planned or is just for sale ? Mr. Lowe - It would just be for sale . We intend to stay in our present home . Chairperson Sigel - Any other questions ? Okay. I would move to grant the appeal of John Lowe , requesting a variance from the requirements of Article IV , Section 14 and 16 of the Town Zoning Ordinance to be permitted to subdivide land with a yard width of 25 feet at the street line and 25 feet at the maximum front yard setback where normally 60 feet and 100 feet would be required at 136 Snyder Hill Road , Tax Parcel No . 61 . - 1 - 12 . 1 , Residence District R- 15 . Is it section 280a? Mr. Frost - My only thought was that 280a does . . . 15 foot is adequate access . Attorney Barney - I don 't know if you need it , but I don 't see any harm in stating it . Well , actually, you probably want to wait on the 280a issue at this time . 14 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Frost - This is not as rural as the case that we discussed first on the agenda . Chairperson Sigel - Okay . Attorney Barney - At this juncture , you don 't know where the driveway is going to go or where the building is going to be located . Chairperson Sigel - With the finding that the requirements for an area variance have been satisfied . Second ? Mr. Ellsworth - I 'll second . Chairperson Sigel - All in favor? Board - Aye . ZB RESOLUTION NO. 2002-024 - John Lowe, 136 Snvder Hill Road, Tax Parcel No. 61. - 1 - 12. 1, May 20, 2002. MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED, that this board grants the appeal of John Lowe, requesting a variance from the requirements of Article IV, Section 14 and 16 of the Town Zoning Ordinance to be permitted to subdivide land with a yard width of 25 feet at the street line and 25 feet at the maximum front yard setback where normally 60 feet and 100 feet would be required at 136 Snyder Hill Road, Tax Parcel No. 61 . 4 - 12. 1 , Residence District R- 15, based upon the following: FINDING: a. the requirements for an area variance have been satisfied The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz, NAYS: None. The motion was declared to be carried unanimously. Attorney Barney - I should note that we have also represented the Lowe 's . The fourth appeal to be heard was as follows : APPEAL of Town of Ulysses , Appellant , Doug Austic , Agent requesting a variance from the requirements of Article IV , Sections 14 and 16 of the Town of Ithaca Zoning Ordinance to be permitted to construct a municipal water pumping station on an 8225 + square foot lot ( 15 , 000 square feet required ) with a 73 . 74 + foot lot depth ( 150 feet required ) , located at 133 Woolf Lane , part of 15 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Town of Ithaca Tax Parcel No , 23- 1 - 11 . 134 , Residence District R- 15 . Said building will have a 15 + foot front yard building setback (25 + feet required ) . Doug Austic - Town of Ulysses Town Supervisor - A couple of weeks ago we subdivided a parcel , parcel 23 . - 1 - 11 . 134 and retained the 8 , 225 foot square foot section and left a lot big enough for a building lot on the second lot . The intent is to , as it says , to build a water pumping .station to service the Town of Ulysses water district . Also , this pumping station will increase the pressure and fire flow in Woolf Lane subdivision and allow for the Town of Ithaca to have a backup for their tank , which is located above the hospital . Actually, this is benefiting both the Town of Ulysses and the Town of Ithaca . So we are requesting permission to build approximately 10 foot by 30-foot water pump station on that parcel of land . Mr. Krantz - You are going to be plum right in the middle of a really nice residential section. Have your neighbors objected ? Mr. Austic - Not at this point . We are having a meeting with them . At the subdivision hearing , there were one or two people there and they did not have a problem once we explained what we were going to do . This is going to be a low profile , eight foot high building . We are planning on screening it with evergreen type trees . Once we have it done , you probably won 't even know it is there . It is an artificial stone , concrete sided typical water pump station we are using today. Mr. Krantz - I , for one , would feel more comfortable if you had that meeting before you were here . Mr. Austic - Have what meeting ? Mr. Krantz - With your neighbors . Mr. Austic - I talked with several of them . We have a deed coverage that says . . . With talking with the people , they are willing to forego that because it will help with the water pressure and their fire flow . We will probably schedule it in a week or so . Mr. Stotz - So this is part of the project that is going to push water out to Jacksonville . Mr. Frost - The pump is kind of consistent with a lot of the pump stations around the area . My sense is the exterior of it is going to be more aesthetically pleasing than some of the old pump stations . Really the appeal is not for an approval to have the pump station , John Barney can correct me if I ' m wrong , it is really to construct this on a parcel of land that doesn 't have the proper dimensions . So it is not really the use of pumps that we ' re considering , it is the area variances . Attorney Barney - The Planning Board in their approval were concerned about the aesthetics and put in some conditions that basically allows the Director of Planning to take a look at the landscaping plan ahead of time and approve it before a building permit is issued . The engineer is going to take a look at the building itself and issue his approval . The Planning Board , I think , dealt with some of these issues and recognized that it is in a residential zone , but have set up some safe guards to make sure that the Town of Ulysses is going to make the site . . . 16 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Krantz - Not to belabor the point , but there are three very lovely homes directly in front of it and one on each side . It is a small lot . It is going to be built closer to the road than normally would be allowed . Attorney Barney - Part of the answer to that is a lot of those homes don 't have adequate water pressure to take showers. 11 Mr. Austic - The Town of Ithaca has a pumping station on the left hand side of Woolf Lane down at Dubois Road . Once this is constructed that pumping station would be removed because we can do the pumping for you . Mr. Stotz - What kind of noise will this make ? Mr. Austic - They are electric pumps . Our engineer's say that you . . . Mr. Stotz - Will you hear anything outside the building ? Mr. Austic - I don 't think so , no more than you would at any other pumping station . Mr. Ellsworth - No more than the one that Bolton Point will be taking out of commission ? Mr. Stotz - It does make some noise that you can hear on the outside . Mr. Austic - Some , but I don 't know that the noise level would be more offensive than what is there . Mr. Stotz - Is that noise continuous? Mr. Austic - Probably the pumps would be running . . . Mr. Stotz - Twenty-five percent of a 24- hour day on an off . . . Mr. Frost - Is there any kind of insulation proposed on the inside ? Mr. Austic - It is a fully insulated building . I doubt the noise would be . . . Mr. Stotz - But it wouldn 't be absolutely quiet . You would here something . Mr. Frost - Is the interior of this kind of a complete form concrete slab ? Mr. Austic - Yes . It is kind of a gravel type finish on the inside . Mr. Stotz - I assume that you have looked at other sites . Mr. Austic - The engineering has said , and Dan Walker can tell you this , that if we move it 15 or 20 feet the system won 't work as efficiently as it does there . We did check out some other land and this was the best site . This was the one that was available to buy . That is why we decided on this site . 17 ZONING BOARD OF APPEALS MAY 20 , 2002 APPROVED JUNE 17, 2002 Chairperson Sigel opened the public hearing at 7 : 58 p . m . Bruce Rich , 253 Dubois Road - I am right down around the corner of Woolf Lane and the pump that Doug is talking about is an auxiliary pump and used if the power goes out . It is a diesel pump . They come up periodically and they fire it up and run it . So it does not run all the time . It is just basically for maintenance . My question is exactly where is this pump station going to be ? Because if I go up Woolf Lane , the first mail box that I see is Heslop and that is 175 . The next mailbox I go to is 134 and that is Ball then it goes to the lower numbers up above . I don 't know exactly what property you are talking about. Mr. Frost - There is an orange sign that I posted up there last week across the street from Ball , but maybe 100 foot . Mr. Rich - So it is right up behind Heslop then . He 's got that post and beam barn that sets in there . So it is the next one up above . Mr. Krantz - It is the only empty lot . Mr. Rich - If you look at them they are not much of a lot . Mr. Austic - There is an empty lot on each side of the driveway going back to a house behind it. The same person owns both the lots on the front of the driveway. We happened to buy a part of the Dubois side road lot . Mr. Frost - I put an orange sign up there . If you go up there tonight , you should see an orange sign . Mr. Rich - Okay. Mr. Stotz - Will that eliminate the diesel pump? Mr. Austic - The Town of Ithaca said that they wouldn 't need that pump anymore . Mr. Ellsworth - Do you have an emergency generator for this? Mr. Austic - It isn 't planned at this point . I can 't guarantee that , but I doubt it . Mr. Rich - The diesel pump there now doesn 't really bother me . It is a good feeling knowing that if we lose power we 're going to have water up that way . So let them run that . I certainly don 't want to have the noise running full time . Andy , have you been near these things ? Mr. Frost - I have , but I 'm not there around the clock . Mr. Rich - The water pressure , you say we will have better water pressure . I don 't know who these people are who say that they can 't have a shower, Attorney Barney - I probably exaggerated slightly . 18 ZONING BOARD OF APPEALS MAY 202 2002 APPROVED JUNE 17, 2002 Mr. Rich - I think so . Attorney Barney - The hydrants up there are all very . . . Mr. Noteboom - They' re tagged . Attorney Barney - It is very difficult to use for fire purposes . This would go a long way in effect to alleviate that problem . Mr. Rich - We are the third house on the end of the system . We've got water pressure . The only problem I did have is that I had water hammer. I had to put an air bladder into my system . I still get a little bit of it . I don 't know what it is . I don 't know if we get more water pressure if we are going to get hammered more . Mr. Austic - You won 't have more water pressure on the down side of the pump . What you will have is a better flow in the fire hydrants and even a backflow to the hospital for the areas below this pump or above the pump . According to the engineering , it will help the entire location of the Woolf Lane and back and the capability to feed the hospital in case there is some kind of an emergency . Mr. Rich - The other concern that I have is that we bought up there years ago and before Woolf Lane was developed and Woolf Lane as far as I am concerned is cluster homes . If you look at them , my feelings are you have on common driveway and you can spit on your neighbor' s house . Nobody else has cluster homes . We fought it and it didn 't go . They promised us . . . this is immaterial . I talked to Cathy Valentino a while back . She said that she would get back to me and I never heard from her. But they had promised to put a Town park in up there in Woolf Lane . At one time , there was a sign that says , " Future Home of Town Park" . Those signs have been taken down . I don 't know who took them . I do have pictures . I do have proof that those signs were there , but that is immaterial . What I wanted to . . . Attorney Barney - We are working on the title to it . I don 't think " park" is the word that I would have chosen . I think it is more like a trail . Mr. Rich - It said it was going to be a park . Attorney Barney - The papers are in my office to look at . So the holdup has sort of been me . I haven 't started to look at them . Mr. Rich - That was promised to the neighborhood when they put the cluster homes in . My consideration and my concern is if we put this pumping station in , does that mean that water will eventually go down Dubois Road ? I live next to the old Poyer property. There is a hundred acres in there and I do not want to see that developed . I am afraid that once water goes down through there that is going to be development . I moved up in that area to be in the country . Mr. Frost - That area may change , but I don 't think it is going to be due to this pump station at all . Mr. Rich - So , you are not going to run down Dubois Road ? 19 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Frost - The impact down hill from that is what I thought I heard you say . . . Mr. Austic - There is no plan at this point to go down Dubois Road , but there has been some question at the Wilkins School , the Special Children 's Center. So , someday we may come back down Wilkins Road and come up and hook up hinging post . Mr. Rich - I just don 't want to see it developed any more up there in that area . Mr. Austic - At this point there are no plans . Mr. Rich - I ' m voicing my concerns . Other than that , the folks up in Jacksonville certainly need water. I ' m not going to stop it , but by the same token I don 't want to have a pump station that is going to be making a lot of noise and decrease the value of my property . Why couldn 't the pumping station be put at the top of 96 and Woolf Lane ? It's going to be running that way any way . Mr. Austic - The head pressure has to be a certain pressure coming into the pump . If we move it up the hill further, the pressure is not enough and the capacity of the pump is not enough to get the water to the tank. It 's the same way if you move it down around over by Indian Creek . We tried that route . This is , essentially, the best place to put it . Mr. Rich - Okay. Thank you . Chairperson Sigel - Anyone else ? Sidney Merritt , 127 Woolf Lane - I originally agreed to this pumping station in principle , but I don 't even do that anymore . The reason I don 't do that any more is because the problem with water pressure in the hydrants in the Town of Ithaca is a problem for the Town of Ithaca not for the Town of Ulysses . If the Town of Ithaca has not addressed it , that is their problem and they should be doing something about it . As far as the pumping station is concerned , except for the recent rains , I don 't even know that Woolf Lane is a source of water. So I don 't even know why it is located there or why it is located on a totally non -conforming piece of property except that it's available . I can 't think of any other reason for putting it there . No one within the viewing of this particular station is going to approve of it . I understand that it has to have the approval of the residents before it comes into reality . I don 't know if that is correct or not . There are a lot of reasons . For example , I don 't know where the water for that pumping station comes from . I don 't know where it goes or how it gets there . I assume its principle reason is to supply water into the Town of Ulysses , which does not have water pressure present and all the other reasons for it are totally secondary and irrelevant . I don 't think it belongs there to be perfectly honest with you . It is on a terribly non -conforming piece of property . It is in the middle of a residential area and nobody there really wants to see it there . That' s all I have to say about that . Chairperson Sigel - Thank you . Anyone else ? 20 ZONING BOARDOF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mark Zaharis , 128 Woolf Lane - I live in one of those cluster homes and I promise you I can 't spit across to my neighbors . I didn 't hear about this until about a week ago. I guess I missed the meeting that you supposedly had with the neighbors . Mr. Austic - We haven 't had it yet . Mr. Zaharis - I guess I have a big concern . For one , I am right across the street from it. Two , we are here for an approval on a variance . We haven 't seen what it looks like . We just got the dimensions tonight . I think for you come to this process at this particular time is way ahead of where all the neighbors should have a uniform meeting . We should all be informed as to what exactly it is going to look like , what it's going to sound like , what the decibels are and how long those pumps are going to run . There is a pump down at the end of the road that someone comes up once a week or once every other week to run it that is quite loud . I don 't know if because this is going to be in a building and it' s going to be enclosed or that is just an outside generator and it's not going to be as loud . I am not sure , but I would like to see a lot more about it . As far as water pressure goes , I have water pressure . We can take showers without a problem . I don 't know why we are addressing a problem that Ulysses has . Mr. Austic - Can I make a comment on that? Eventually , the plan is to turn this pump over to the Town of Ithaca to take care of their problems . Basically, the Town of Ithaca will operate this pump and supply water to the Town of Ulysses . The Town of Ulysses is going to build the facility and turn it over to the Town of Ithaca . So they know that there is a problem there and they need to address it . They've known it for years . Mr. Zaharis - So why aren 't they addressing it? Why is the Town of Ulysses addressing it? Mr. Austic - Because at this point we are planning on constructing a water district for the hamlet of Jacksonville . So we can then build this pump and benefit both the Town of Ithaca and the Town of Ulysses , otherwise , they couldn 't get us water to our tank. We don 't have to be in a certain position . It is whatever they want us to be , we can be there . Mr. Zaharis - Who is "they" ? Mr. Austic - The Zoning Board of Appeals . That was the proposal , but we could be further back . We can 't go 30 feet because of the woods . There will be evergreens and trees that will cover the building year round . Mr. Zaharis - Are there any plans at this time? Mr. Austic - I don 't have plans at this point because we need approval before we can proceed with the project . The Planning Board has asked for plans . Mr. Zaharis - So you are asking for approval before you submit plans . Attorney Barney - It has been approved by the Planning Board . The Planning Board imposed a condition that the Director of Planning sees the planting plan before any building permits were issued . 21 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Zaharis - Does that include building plans ? Attorney Barney - The engineer sees the building plans, as does the Town Zoning Code Enforcement Officer. Mr. Zaharis - And that is available for us to look at? Attorney Barney - When it is submitted , sure . I think the board ought to understand and you folks ought to understand . This is not a use variance . This use is a permitted use in that area , subject to whatever the deed restrictions are . Under the Zoning Ordinance , a municipal use such as this is a permitted use in any zone , including a residential zone . The fact that it is a pump station is irrelevant . They can put the pump station anywhere they want to in a residential zone . The only reason it is before this board is because they want to put it a little closer to the road than otherwise permitted and that the lot that they are putting it on is below the 15 , 000 square foot minimum . It is those area variances that bring it to this board . To worry about if it is a pump station or not , really , it is a fallback I suppose . If they can find a bigger lot then they can put it in there without having to come to any board . Mr. Frost - I appreciate your concerns , Mark. When one looks on the map , they are showing a side yard setback of 20 feet and they are showing a rear yard setback of 30 feet. The deficiency really is the 15-foot setback from the edge of the road where 25 foot would be required . Granted , if this was a larger size lot , they could still place it not too much farther from where it is being proposed to be and they wouldn 't be here tonight . Mr. Stotz - Looking at that lot , if you push it further back , in affect what you do is get closer to another house . Mr. Austic - Right . There is a house somewhere in the back. Mr. Stotz - If they move back, they get closer to that house and further from your house . Attorney Barney - The other alternative is to go back to the owner of Parcel A and say that we don 't want to subdivide it . We ' ll put it closer to the Merritt's house . The question is where is it logical to place it . Chairperson Sigel - Anyone else wish to speak? Jean Malone , 132 Woolf Lane - Much of- my concern is that my bedroom faces right out to the road , which in essence , faces an empty lot now . It is quite small . I do worry about noise because my bedroom will be facing this pump . Also , my view will be directly in front of the pump . I originally thought it would be up the road a little bit . My understanding was behind some pine trees that are there . Now , with the new survey, I am understanding where it is going to be placed . It is going to be directly across from my bedroom now . I think it is going to be placed on a lot that is much too small . Attorney Barney - The north side of Woolf Lane? So you are going to be exactly across the street . 22 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Ms . Malone - I think the lot in essence is quite small . I think what is being asked for in doing this pump is cutting back on all your requirements by half . It is not just the footage from the road , but also how much footage you need to build this . You are asking to cut it from 15 , 000 to 8,200 . 1 just want to make sure that this board realizes that I think that this lot in essence is too small . The placement of this if you push it back is interfering with another house . If you push it forward then you are interfering with two more houses being marked . I understand the need for it and the essence of it and that don 't disagree with . I think the placement of it is . . . Thank you . Chairperson Sigel closed the public hearing at 8 : 16 p . m . Chairperson Sigel - Did you consider purchasing the entire lot ? Mr. Austic - We did , but then this pump station is only 10 foot by 30 foot . The owner wasn 't anxious to sell the entire lot because she wanted it as a building lot . Her idea was to cut out the bottom point as we did to leave the building lot . I suppose if we . . . weIre talking about a considerable amount more money than we did for this little piece . Mr. Krantz - Kirk , the reason I left New York City and settled in Ithaca was mostly for a human element . By a human element I mean before you go to the Planning Board , before you come to the Zoning Board of Appeals you talk things over with your neighbors . You don 't do that a week afterwards . Chairperson Sigel - Can you or maybe someone else illuminate the . . . there have been deed restrictions mentioned ? Do you need approval from the owners in the subdivision to . . . ? Mr. Austic - It depends . If it is considered to be a municipal use , it is questionable . We would try to get the deed restriction removed if we could just to make everything clearer. Attorney Barney - What is the deed restriction ? Mr. Austic - It is for residential use only. Chairperson Sigel - Would it have been possible to supersede the Zoning Ordinance , which would allow this use ? Could a local deed restriction disallow this use ? Attorney Barney - Sometimes the courts will toss out a deed restriction that bars a municipal use if there is an overwhelming municipal need for it . I vaguely remember that there were deed restrictions when the subdivision done . I don 't remember what the contents of those restrictions were or what the formula was . Mr. Stotz - If indeed there are no alternatives to placing this pump house here , I ' m weighing in my mind that I know that Jacksonville is not part of the Town of Ithaca . I know the situation that Jacksonville is in . Sometimes things happen to a greater good . The fact that it is 15 feet from the road doesn 't necessarily bother me because you could put mature landscaping in there that could screen the entire building . As far as visually is concerned , I ' m not that concerned about that . What I am concerned about , however, is the noise . I think that is a big unanswered question . It has been brought up by two of the neighbors already. You have no data on the noise ? 23 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 17, 2002 Mr. Austic - I have no data at this point on the noise . I could get some . Mr. Stotz - That would be the single most important factor in my mind . Chairperson Sigel - I tend to agree with David . If we had some assurance that it was inaudible or barely audible at the street even at 15 feet , that would certainly make a difference between not really knowing it is there and it being fairly noisy at the street . You talked about your options for locating the pump being somewhat restricted . Were they so restricted that you couldn 't move it around a bit within the greater un -subdivided lot? I ' m just thinking about pushing it back. Let's just say it straddled the proposed boundary line between a and b . Would that create a problem ? I ' m just trying to understand what the options really are . Mr. Austic - I ' m sure . Dan Walker says that 5 or 10 feet would affect the capacity. Mr. Frost - I ' m not so sure why you couldn 't add insulation inside . Mr. Austic - I wouldn 't doubt that they are manufactured that way, but I will find out for sure . Mr. Stotz - When people go to buy a house , if there is a pump house across the street and it is nicely designed , well - maintained and adequately screened from view and it doesn 't make any noise , as a hypothetical , I don 't think people would necessarily object to living in that neighborhood . If they did go there and it was nicely screened and well maintained and nicely designed , but it caused a racket , they certainly wouldn 't want to live there . Chairperson Sigel - What are the current noise standards ? Mr. Frost - We have a standard that allows up to somewhere around 50 db . Attorney Barney - Nothing in our Noise Ordinance would affect this , I ' m sure . In fact , the Noise Ordinance goes directly against amplified sound . Mr. Frost - If Doug was able to say that it is not going to exceed 40 db ; I don 't know how much meaning that would have anyhow. This case , in all due respect to Mark and the other people in the audience , I certainly wouldn 't want a noisy think next to my property . I don 't know what would be a fair measurement . Some of you might not tolerate lower noise than I can tolerate . Mr. Austic - I can see if I can get a figure from the engineer. Attorney Barney - Two questions , Doug . One is what kinds of noise are emitted and what levels are they. Then , the second , if you move it , are the 5 to 10 foot really the perimeter or can it be moved 20 or 30 feet . Mr. Stotz - For point of comparison , if there is any data that injicates that it is 40 decibels and a lawn mower is 40 decibels . Something that can give people an idea . Attorney Barney - I ' m sure it 's not that . I would guess a hum . 24 ZONING BOARD OF APPEALS MAY 20 , 2002 APPROVED JUNE 17, 2002 Mr. Ellsworth - I 'm an engineer, Doug , but I 'm not a civil engineer. I really can 't believe that this can 't be moved a lot distance . I think you need to refine that location criteria a little closer. Make sure someone is not blowing smoke . Mr. Austic - I 've had two engineer's say if we move too far it is going to produce a head pressure at the bottom of the pump . Attorney Barney - I think the choice is whether you move it onto Parcel A , which is the building lot . The choice is , it seems to me , people might ask themselves whether they would like to see a 10-foot by 30 foot building where a house would normally be . Chairperson Sigel - The feeling has been expressed , also , that maybe it would have made sense for you to get permission if indeed it is necessary from the residents . Mr. Austic - We didn 't realize the restriction until we got about half way through setting up the hearings . Chairperson Sigel - I would feel more comfortable if you had already worked out whatever you need to with residents , even if it is somewhat reluctantly on their part . That is my feeling . I think maybe Ron felt that way as well . We can adjourn this case for another meeting until we find out more information on sound . Mr. Ellsworth - After he has met with the neighbors . Chairperson Sigel - And either gotten approval from the neighbor's , if necessary, or determined that it is not necessary . I would also be curious about the duty cycle of the pump , the percentage it is on , how long it is on and the time approximately. Mr. Austic - The Town of Ulysses wouldn 't run it much , but I can find out . Chairperson Sigel - If there is no further discussion , I would move to adjourn this appeal . Attorney Barney - Well , is that okay with the adjournment , Doug ? It will be advertised . Chairperson Sigel - We meet once a month . You can always call the Town and ask if this is on the agenda . Attorney Barney - We can set when you are going to meet again . I think it would depend , Doug , on how long you think it will take to get the information . Chairperson Sigel - I was wondering . It could be a month or two . Mr. Austic - I can get the information you want pretty fast . It could be before your next meeting , but we want to have the other meeting prior to that . We may be able to do it by June . Mr. Ellsworth - Andy can set that up . If necessary and enough cases , we can meet twice a month . 25 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Chairperson Sigel - It is possible that we might have an extra meeting . You should check back with the Town . Mr. Ellsworth - I guess what we are saying is , we prefer to have communications in the neighborhood before coming here and having communications in here . Mr. Frost - Doug , keep me posted . Attorney Barney - Doug , do you consent to the adjournment for up to a couple of months? Mr. Austic - Yes . Chairperson Sigel - Adjournment so moved . Second ? Mr. Ellsworth - Second . Chairperson Sigel - All in favor? Board - Aye . ZB RESOLUTION NO. 2002-025- ADJOURNMENT. Town of Ulysses, 133 Woolf Lane, Tax Parcel No. 23. - 1 - 11 . 134, MaV20, 2002. MOTION made by Kirk Sigel, seconded by Harry Ellsworth RESOLVED, that this board adjourns the appeal of the Town of Ulysses, requesting a variance from the requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance to be permitted to construct a municipal water pumping station on an 8225 - square foot lot with a 73. 74 ± foot lot depth, until such time when more information is presented to the board, located at 133 Woolf Lane, part of Town of Ithaca Tax Parcel No. 23. - 1 - 11 . 134, Residence District R- 15. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz. NA YS: None. The motion was declared to be carried unanimously. Chairperson Sigel - Thank you everybody for coming this evening . The fifth appeal to be heard was as follows : APPEAL of Ardell Alling , 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 construct a garage on a non -conforming parcel of land at 288 Hayts Road , Town of Ithaca Tax Parcel No . 24- 1 -38 , Residence District R-30 . Said property is non -conforming as it has a lot width of 140 feet ( 150 feet 26 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 required ) and a residence with an existing east side yard building setback of 30 + feet (40 foot setback required ) . The proposed garage will be placed on the building ' s south side. Ardell Ailing , 288 Hayts Road - Basically , what we are trying to do is double the garage that we have in order to park two vehicles inside of it . I am still a little hazy on what the problem is . Is it because the porch is on the left side or that we are too close to the property on the right side? Mr. Frost - Ms . Ailing came in to proceed with a building permit . As many residents are , she was surprised with the denial of the permit based on zoning . I certainly appreciate her confusion in the matter. The survey map that you have shows the parcel as 144-foot frontage where they need 150- foot frontage . On the left side or the west side of the building shown on the survey map as 283 , there is a rectangular design with an "x" through it , which is a porch . That 40-foot setback is required under normal circumstances from house to a property line in an R-30 zone . There is 39 ± feet shown to the house . Then you have to deduct from that whatever the dimension is on the rectangular structure shown to the left of that. I guestimated it to be about 10 foot. So they have approximately 29 foot or 30 foot setback where 40-foot setback is required . What the Zoning Ordinance says is that when your building is setback less from property lines as it is supposed to be , if you add onto the building , make it larger you have to get an approval from the Zoning Board of Appeals . The theoretical impact of that larger structure now, which is already too close to some property line . Chairperson Sigel - So , this shows a 24-foot by a 24-foot addition . Do you currently have a one-car garage? Mr. Ailing - Yes . Chairperson Sigel - It seems that 24 feet wide would be enough for two more . Is it going to be a three car? Mr. Ailing - No . It is just going to be so that you can walk around the car and store a garden tractor in there and stuff . Ms . Ailing - It is not to park two more vehicles , just one and maybe some storage . Basically , it comes out the length of what our parking area is . It is kind of extended back into there because that plot of land is useless . It has tree roots and rocks . Mr. Stotz - Have you started construction on this ? Mr. Ailing - Yes . I didn 't know that putting a pad in you needed a permit for. Chairperson Sigel - This is all just cold storage ? Mr. Ailing - Yes . There ' s not even going to be any electric into it . I mean it is going to be hooked to the other garage , but there is no need for electric there . Mr. Stotz - Is the middle wall coming down , the adjoining ? 27 ZONING BOARD OF APPEALS MAY 207 2002 APPROVED JUNE 17, 2002 Mr. Ailing - No , just a doorway. There is already an existing window there . You just knock the window out and put a door in there . Chairperson Sigel - Are you putting the same siding on that exists on the house ? Mr. Ailing - It is going to look just like the house when it is done . Mr. Ellsworth - Do you know what the width of that porch is? Fifteen foot wide? Mr. Ailing - I don 't know exactly how long it is . We didn 't put the porch on . Mr. Ellsworth - I 'm just trying to get a distance from the property line . Mr. Ailing - I measured the property line from the edge of the porch and it's 27 feet . Mr. Ellsworth - So it is 27 feet from the porch to the property line ? Mr. Ailing - Yes . It is 27 feet also from the edge of the garage pad to the property line . Chairperson Sigel opened the public hearing at 8 : 33 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 8 : 34 p . m . ENVIRONMENAL ASSESSMENT. Chairperson Sigel - Mike , do you have any comments? Mr. Smith - Nothing to add . Chairperson Sigel - Does anyone have any other questions or comments ? Who would like to make a motion on the environmental assessment ? Mr. Stotz - I move that the board make a negative determination of environmental significance in the appeal of Ardell Ailing , to be permitted to construct a garage on a non -conforming parcel of land at 288 Hayts Road , Chairperson Sigel - Second ? Mr. Ellsworth - Second . Chairperson Sigel - All in favor? Board - Aye . ZB RESOLUTION NO. 2002-0.26 - ENVIRONMENTAL ASSESSMENT = Ardell Alling 288 Havts Road, Tax Parcel No. 24. - 1 -38, May 20, 2002. MOTION made by David Stotz, seconded by Harry Ellsworth. 28 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 RESOLVED, that this board makes a negative determination of environmental significance in the matter of Ardell Alling, requesting authorization from the Zoning Board of Appeals under Article Xll, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage on a non- conforming parcel of land at 288 Hayts Road, Town of Ithaca Tax Parcel No. 24. 4 -38, Residence District R-30, for the reasons set forth in the environmental assessment completed by Town Staff. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz. NAYS: None. The motion was declared to be carried unanimously. Chairperson Sigel - Okay. Would someone like to make a motion on the appeal ? Mr. Krantz - I move that the board grant the appeal of Ardell Alling for an ordinance to be permitted to construct a garage on a non -conforming parcel of land at 288 Hayts Road in the Town of Ithaca , Tax Parcel No , 24 . - 1 -38 , Residence District R-30 . It is noted that this is a non -conforming lot with a width ten feet less than the 150 feet required and a residence with an existing side yard building setback of 30 feet whereas 40 feet is required . Chairperson Sigel - It is actually 27 feet . Subject to the condition that it be built substantially as indicated on the plans , with the findings that the requirements of an area variance have been satisfied . Mr. Krantz - Agreed . Chairperson Sigel - Second ? Mr. Frost - Can we just clarify the setback from the porch is 27 feet ? The setback from the new garage is? Mr. Alling - Twenty-seven foot . It is 27 foot on both ends of the house . Attorney Barney - And the width of this garage is only 24 feet? Mr. Alling - Right . Attorney Barney - The survey shows that you are going 54 feet to the house now. Mr. Alling - It is 27 on both sides . I measured it myself. Mr. Ellsworth — It's easy to do now , part of it' s there . Attorney Barney - If you measured to the right boundary line . Mr. Alling - We still got our stakes there . 0 29 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 17, 2002 Mr. Krantz — Let's make it no less than 26 feet . Attorney Barney - I would say that 27 feet is fine . Chairperson Sigel - It' s not deficient anyhow. Mr. Frost - I ' m not sure why you are mentioning 27 in the first place . Chairperson Sigel - Yeah , but the other side . . . Mr. Frost - You are granting a variance or is this a special approval ? Chairperson Sigel - I mentioning 27 feet so that it doesn 't grow . I think we had a second . Mr. Ellsworth - I ' ll second it . Chairperson Sigel - All in favor? Board - Aye . Chairperson Sigel - Thank you . ZB RESOLUTION NO. 2002-027 - Ardell Alling, 288 HaVts Road, Tax Parcel No 24. = 1 =38, MaV 2092002a MOTION made by Ronald Krantz, seconded by Harry Ellsworth. RESOLVED, that this board grants the appeal of Ardell Alling, requesting authorization from the Zoning Board of Appeals under Article X/l, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage on a non-conforming parcel of land at 288 Hayts Road, Town of Ithaca Tax Parcel No. 24. 4 -38, Residence District R-30. It is noted that this is a non-conforming lot with a width ten feet less than the 150 feet required and a residence with an existing side yard building setback of 27 feet whereas 40 feet is required. This approval is granted based upon the following: FINDING: a. The requirements of an area variance have been satisfied. CONDITION: a . The garage be built substantially as indicated on the plans. The vote on the motion resulted as follows: 30 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 AYES: Sigel, Ellsworth, Stotz, Krantz. NAYS: None. The motion was declared to be carried unanimously. The sixth appeal to be heard was as follows . APPEAL of Bonnie Howell , Appellant , HOLT Architects , Agent , requesting authorization under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to reconstruct a single-family residence on an undersized building lot with deficient side yard building setbacks . Variances from the requirements of Article IV , Section 11 , 14 , 15 , and 16 are also requested to construct the new residence with a building height of 52 ± feet (36 foot limit) with a lot coverage of 26 ± percent (20% maximum coverage allowed ) and new building setbacks that will continue to be deficient . Larry Hoffman , HOLT Architects - With me tonight is Miles Cigolle , the architect who has been working on the project and Bonnie Howell , as well as assorted other members of our staff . We are here relative to the appeal for the conversion or reconstruction of the site where Bonnie currently has a seasonal use cottage . She wants to tear down and build a house that she will live in year round . The problem that we are facing is that this site and all the structures on it pre-exist the ordinance . They pre-exist zoning . We are dealing with a series of existing conditions . Some of which we are making better, others which we are compounding . In order to put it in perspective , we put together a chart , which you have in your packet of material . It is a matrix of code ordinance , the articles that are affected , what the Town requirement is , the existing condition and what we propose to do and a series of comments that go along with them . It is a steep site . It is a very narrow site . What I thought we would do , realizing that it is fairly late and that you are all probably getting tired , I thought we would very quickly go through the drawings so that you can see what it is that we are proposing . Then we would be glad to answer any and all questions that we 're able to relative to the chart . I think we have covered all the issues in there . It is an unusual situation because when ordinances are written , they often don 't consider sites that are as narrow as this or as steep as this one . Miles , why don 't you just do a brief overview of the house ? Miles Cigolle , HOLT Architect - This board here is the existing site plan . As Larry mentioned , the site is undersized and very steep . The widest part of the site is only 50 feet wide . The lot was established before zoning regulations were in place . The total lot area is just a hair over 8 , 500 square feet . We know the minimum lot required is now 15 , 000 square feet . The requirement is 174% greater than the size of this lot . That is our main difficulty. The fact that the lot is small plus it is very steep . At the top of the gravel driveway, there is a little bit of a drop off of Taughannock . There are concrete steps that are on grade , very steep . You go down a hair over 40 feet from here to this level where there is a one-story, single-family cottage . Then there is concrete padding next to that . Then going from here , you go down wooden steps . Now you are about 20 down to the level of the lake . Down here there is a small storage cottage and a covered patio , deck . The setbacks currently , very quickly , in the front yard are 98 feet and 25 feet is required . The roar is 44 feet , which 30 feet is required . You can see that the two side yards are very , very tight . One is only 1 . 5 feet and one is 3 . 8 feet . They both have a requirement of 15 feet . 31 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 In terms of the neighbors to the south , the lot has two two-story houses , one up near the top , very close to the road . It is actually on the property line . It is very pressed with the side property line . Here there is another two-story house further down . To the north , there is a one-story house here . The proposed site plan , which is this one , just to review site elements here that are new would be this area here . We are proposing a new one-car garage . It would be on where the gravel driveway is currently . Then we would have a bridge . This element does not touch the ground . It goes across to the house . We are proposing a three-story , single-family house . This is the front face of the present building . This building is pulled back further, which has a better relationship to this house . It is not directly across ; it is more between the two . This area here , which is where the existing cottage is currently , is proposing a wooden deck at grade level with stairs down from the house . Everything beyond here will not change down to the lake . The proposed setback , the front yard if you measure it to the garage is . . . If you measure to the house itself , the setback there is . . . The rear yard is well over the 30 foot required at 68 feet . One side yard is 7 . 3 and the other is 8 . 2 . This is quite a bit better than they are currently . There is still , obviously, smaller than the 15 feet . This drawing , which shows the section through the site with the proposed house on it , this is Taughannock and this is the lake . There is about 70 feet of drop between the two . It is a very steep site . This is the one-car garage at the top , which is where the gravel driveway is currently. There you can see the bridge . The vegetation would grow underneath this bridge. The house itself because it is so steep here , you can see that the back point of house is almost touching the ground . Because of the extreme slope on this side , the house is up on a column and it is almost 20 feet higher in the air if you view it from the lake . This area here , which is where the current cottage is now, is where the new lower, wooden deck would go . This is the existing wooden staircase and door to the building down to the lake . Then , quickly , these are the two elevations . This shows the lake view and it shows the three-story house . These are the columns that would be visible because it is on the downhill side . This is the wooden deck, which is on the level of the current cottage . We also would like to propose putting a trellis that had vines on it in front of that structure to screen it . We also propose trees on the two side yards to screen the house again from the neighbors . What we did is , we went out on the lake and took photographs of the exiting and this is the proposed so you could get a better sense of what the impact of this house would be like . Mr. Ellsworth - Where is the property? Mr. Cigolle - This is the cottage now. This is the proposed . Mr. Ellsworth - Do you see the big tree right there ? Is that going to remain ? Mr. Cigolle - Not all of that tree will remain . Mr. Ellsworth - You are going to have to eliminate part of it ? 32 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 17, 2002 Mr. Cigolle - One of two trees will have to be removed because they are where the house is going . The broader view shows some of the bigger houses that have been built up and down along the shore relative to the size of this building , which we think is considerably smaller. It is really a modest sized house . The footprint is less than 1 , 000 square feet . Mr. Ellsworth - The circle here in your new site plan does not represent that big tree. Mr. Cigolle - No . That is meant to represent a sauna on the deck . In conclusion , we feel that the proposed house fits quietly into the texture of the other houses on the west shore of the lake . It is setback from the lake 's edge . It is surrounded by vegetation . It is quiet and modest. The house is a moderate size and is clearly smaller than several recently built houses on the west shore . Do you have any questions ? Mr. Hoffman - This is a little more difficult obviously because it is not just one variance that we need in order to have this work . There is a whole series of things . They are really all related to the size of the site . Mr. Stotz - There is a cottage over on the south side . Mr. Hoffman - That is a two-story house . Mr. Stotz - Is that a year round dwelling ? Mr. Hoffman - Yes . Mr. Stotz - Are they aware of the bridge that you propose to build there and the garage ? Mr. Hoffman - I don 't think we discussed the plans with anybody before we spoke to you . We did post the fact that this meeting was going to be held about the site and invited everyone to the meeting . Mr. Ellsworth - I know that the sign was up . I was at the site today. Mr. Stotz - You haven 't had any discussions with that person at all about the bridge that you are putting across ? Ms . Howell - There is one person who lives there . She only lives there part of the year, technically it is a year round house . Chairperson Sigel - Is what is labeled here as existing lake cottage a complete dwelling unit? Mr. Hoffman - No . That is a storage area where things related to the lake . . . boat stuff . Chairperson Sigel - Is there a bedroom in there ? Mr. Hoffman - No . Mr. Ellsworth - My concern is that from the lake it is going to stick out like Dr. Lamb ' s house . 33 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 177 2002 Mr. Hoffman - Is that the white house up the lake a ways? Look at the size of that house compared to what we are proposing . That house is about 5500 square feet . Mr. Frost - Many people have reminded the Zoning Board of Appeals of that decision . Mr. Hoffman - This house actually presents to the lake a fagade that is about the same size as the houses on either side of it . Just look at the size of the area that is visible of this house . That is one of the reasons we put these pictures together. You can see the two houses next to each other. The mass of the house is not terribly different than the houses on either side of it . Mr. Stotz - How is that going to be finished? Is that a concrete structure ? Mr. Hoffman - No . It' s wood . Mr. Stotz - It is going to have what sort of siding on it? Mr. Hoffman - It is going to have cedar siding . Chairperson Sigel - I ' m concerned partially about the side view to the two neighbors . At the lower, down hill edge of the house it is essentially four-stories or even a little bit more off the ground to the top of the roof . That is one of my concerns . Another is related to the height , we do get a number of height variance requests . In thinking back , they are usually for traditional peaked roofs . So I think , for instance , a height variance request of a similar height to this with a peaked roof doesn 't present as much . . . it's not as much house volume as your proposal . With your proposal , every inch of that height is all the way out to the edge , front to " back complete space . The other thing that bothers me is lot coverage percentage . I find it to be somewhat of a red flag so to speak . Going over the 20 percent coverage is considered to be a fairly substantial digression from the zoning law . I feel that 20 percent coverage is pretty reasonable . Mr. Hoffman - We have included in the area that we consider coverage the bridge , which obviously is 20 feet off the ground most of the way out there . The grade would go directly underneath it . Obviously, one of the things that we are trying to do here is to create a house where you can park and get directly into the house without having to negotiate several feet of vertical . With a slope like this , given a standard depth for a house across that width you drop as much as the ordinance permits the height of the building to be . That is a really tough one to meet, except if you want the top floor of the building to be below the entrance level . Chairperson Sigel - I agree . Mr. Hoffman - It also requires you to bury the building in the hill , which we didn 't want to do obviously for a variety of reasons . Chairperson Sigel - I certainly agree that in a lot like this it is very tough to do . In fact this board has granted a number of height variances . 34 ZONING BOARD OF APPEALS MAY 20 , 2002 APPROVED JUNE 17, 2002 Mr. Ellsworth - Dr. Lamb 's had a height variance . If I recall right , the height or the peak of that house , which is the one with the white columns there , the peak is 52 feet . My concern is that I don 't want to start repeating these buildings leaping out at you every few lots down along the lake . This one is going to . That bridge , the walkway out to that third floor is going to be way up in the air. The bridge from the garage to the house is way up in the air because of the way the lot is . I realize what you are trying to do . Mr. Hoffman - The bridge is obviously only visible from the back of the lot . Mr. Ellsworth - And the two or three neighbors . Chairperson Sigel - That is a significant source of my concern . The square footage that you are presenting to your neighbors is quite substantial . The facing between the garage , the bridge , this three- story flat roof house I think is quite a substantial modification to your two neighbors' view shed . The lot being so small , the point of the Zoning Ordinance is to say we have a desired lot size and people who are particularly significantly deviant from that need to expect to have restrictions placed on what they can build . The goal being for the greater good of the community . Mr. Stotz - That bridge is going to be about 25 feet up in the air at the point where it connects to the house . How high are the trees in that area? Mr. Ellsworth - Well , you 've got one big tree and evidently it is not going to be there . Mr. Stotz - There is a 14- inch oak , 10- inch maple , a 16- inch oak . Mr. Cigolle - When seen from Taughannock Boulevard , this is a one-story structure . In fact , this is already down about 5 feet from the road . You also have to appreciate the neighboring house , the one to the south and closest to the road is a two-story. It' s a large house . The two-story bulk is right there . They made it into a large two-story house . That will be loom over this garage . It is a much larger neighbor than the garage . The garage structure itself is the smallest one-story garage we can build . It is a 10 by 20 foot rectangle . Mr. Stotz - The other thing that bothers me with that , and this in no way reflects on you as architects , that looks like an industrial design that just doesn 't seem to fit into the character of that neighborhood . With that bridge , people looking at it . . . Maybe when it is finished it will look different , but when you look at it from the plans you wouldn 't even guess it was a residence . The other houses there in the neighbor are the more traditional frame design . Mr. Hoffman - This house doesn 't have a peaked roof that is true . The peaked roof would make it higher. Mr. Stotz - I understand . Chairperson Sigel - My point with mentioning the peaked roof was that if this were a house of the same height with a peaked roof , obviously it would appear smaller, even though the height might be the same . 35 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Hoffman - If it were the same house with a peaked roof , we would have to raise the level of the house . If we are going to try and not drive down that steep embankment to get to the point where you are going to be able to enter the house . We are parking roughly 5 feet below the road and entering the top level of the house to come across with a level connection . That is a function of the site . I could show you lots of houses that have this kind of a design that you would have no problem recognizing as houses . I agree , you won 't find a lot of houses like this currently along Taughannock Boulevard . Mr. Stotz - Don 't get me wrong , it ' s not our place to criticized your design , it's just that we have a duty to consider the character of the neighborhood and whether or not something fits in with the character of the neighborhood . Chairperson Sigel - At least for me , pointing to other houses that are non -conforming , which the one neighbor having two separate dwelling units is a non -conforming state . Well that obviously helps define the character of the neighborhood ; it doesn 't help sway me a lot by saying that someone else has a non -conforming situation that' s somewhat comparable to ours . The goal is to reduce non - conformity, not expand it and certainly not to greatly expand it . Mr. Frost - How do you access the existing house now? Is that shown on the first plan ? Mr. Ellsworth - Concrete stairs . Mr. Cigolle - There are concrete steps that are all on grade . You go down a 40-foot drop . Mr. Ellsworth - I realize the architects have done a great job . They have pulled the sides of the house in away from the lot. They've centered it between those other two houses . My concern is that you have views from the road and views from the lake . This is a large view from the lake , especially if that big tree is coming out of there . I guess it is because part of this building is going to be up in that tree the way that I envision it . Mr. Hoffman - Some of the limbs , the trunk is not affected . It appears that regardless of what you call it , the building directly above us is three-stories high . It is a wood frame house . That one happens to have horizontal siding as opposed to vertical we are proposing . Ms . Howell - This house sits way back . It is not out over the lake . It sits further back and it would be less visible than the houses on either side of it . Mr. Ellsworth - I have another special one that an architect owns across the lake , too . I don 't want to keep repeating that every few lots . I have a feeling that this is where this is getting to . Mr. Cigolle - You are right . The visual height of this is actually more than that . This is not terribly different than that . Mr. Stotz - As long as you have screening on that lo %aest level , if that screening is gone , that house will stand out . What saves that design right now is the screening on the bottom . 36 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Cigolle - What you see on the doctor's house further down the lake are very long columns that are painted white . They go from the roof, all the way down 50 feet. He is really drawing attention to the fact that it is tall . We are trying to disguise that with the trellis . Mr. Ellsworth - The way that Dr. Lamb got that approved was he went up and down the road and got people to sign . He showed them what he was going to do and they signed that it was all right with them . That was the second meeting he came to . The first one he got turned down until he did that . Mr. Smith - I will just mention that the screening that is being talked about with the trellis really doesn 't screen any of the house . All it screens is below the house . You are looking at three levels . Mr. Hoffman - There is no house underneath . Mr. Stotz - Yeah , but what I was saying is that if you didn 't have the screening there the vertical would be accentuated even more . Mr. Smith - All it is screening are some pillars underneath the house . You are still looking at a three- story house . Mr. Stotz - Are there any plans , ever, to enclose that lowest level . Ms . Howell - No . Mr. Cigolle - You can see that it is so steep , the ground under it that . . . Mr. Stotzk - What is that going to be ? Just soil ? Mr. Hoffman - Riprap or something like that . Mr. Stotz - Just to stabilize the bank? Mr. Hoffman - Yes . Mr. Stotz - You could excavate under there and put up a concrete retaining wall and use that space someday. Mr. Cigolle - That is not the intention . None of this house is dug into the hill . There is very little obstruction of slope . Mr. Ellsworth - You are not excavating any of that . You ' re just putting your footings in . Mr. Cigolle - We really are not negatively impacting the slope stability. Chairperson Sigel - Did you investigate any trying to cut in so that the house would be lower? Mr. Hoffman - We didn 't for the following reason ; we want to get a level entrance into the house . We don 't want to park the car and walk down a flight of stairs in order to be able to go into the deck . We 37 ZONING BOARD OF APPEALS MAY 20 , 2002 APPROVED JUNE 17, 2002 got the parking area as low as we could . We had to establish that as a level of the house because we want to have a bridge coming across that is level . Attorney Barney - Larry , what is so magical about not having steps at the garage area and having your bridge a little bit lower so that it doesn 't have to as long ? Mr. Hoffman - I suspect that Bonnie plans on getting old . Attorney Barney - She is not going to live on the third story of this for the rest of your life , are you ? Ms . Howell - I started there and the thought was that if we tried to dig into that bank and actually put the house into the bank . That is the plan I started with . Miles and I talked about it . The idea of trying to go into that bank was worse . Mr. Ellsworth - You ' re opening up Pandora's box of problems . Mr. Stotz - You could put steps in there and eliminate your gym . You could get your exercise that way. Mr. Hoffman - Have you ever run on your treadmill carrying grocery bags? Mr. Krantz - I actually want to tip my hat to guys . You took a non -traditional , three-story house with a bridge and you made it relatively unobtrusive , certainly livable and attractive . I think probably less obstructive to the views of the neighbors . Mr. Hoffman - Thank you . Attorney Barney - I want to go back to my question . I 'm not quite sure now that Bonnie has agreed that she is physically fit . What would be the problem of putting a step so that you are dropping your bridge basically a level to the second floor? There would have to be a little redesigning with it . Why does it have to go in on the third floor? Mr. Hoffman - Just to avoid the necessity of having stairs there . That 's it . Attorney Barney - Couldn 't you have covered stairs and then build your bridge across the lower level ? Mr. Hoffman - Certainly , John , that can be done . Our weather unfortunately doesn 't come vertically all the time in Ithaca . I know an awful lot of outside stairs that exist all over. Attorney Barney - I 'm not suggesting outside stairs . Come down right at the garage . Have your covered area , but have it go down a level and then come across . Mr. Cigolle - Then you would drop the whole house into the hill . Mr. Hoffman - No . He is leaving the house where it is . Attorney Barney - It is just reducing the visibility of the bridge . 38 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Hoffman - I 'm not sure that we can drop the bridge 10 feet without doing an awful lot of excavation . It is possible of course . Then what you are talking about doing is potentially having the garage up there , changing level in the garage . Chairperson Sigel - Along the walkway change the level . The walkway would have steps . Attorney Barney - You are going to have steps somewhere because you ' re coming in at the third level of the building . You are going to have to deal with steps at one end or the other. Mr. Hoffman - I think the quick answer to that is yes , it could be done . What would we be accomplishing by doing that? We are going to make it far more difficult for anything to grow under the bridge . The bridge is going to be close enough to the ground . . . Mr. Frost - You may have vegetation or other things above that bridge , too . Chairperson Sigel - There is more opportunity to screen the bridge with it being lower. Mr. Hoffman - You want the bridge to be screened ? Chairperson Sigel - Trying to screen it now . . . it is pretty high up . Mr. Frost - I can see if the kitchen was on the top floor and Bonnie wanted to wheel in a cart with groceries and you are right on the same floor level . The kitchen is on the second floor down . She still has to go down the stairs with a bag of groceries . Mr. Hoffman - Inside . That was the major difference . The vertical transitions are made inside in a heated environment . It is very different than trying to do those same steps in the middle of a ramp that is 6 feet wide or 5 feet wide outside . Mr. Frost - Once you get inside , there are still stairs to go down . I can 't say that they are winding stairs , but you still have to walk down an angle to get down to the second floor anyhow. Mr. Hoffman - But she is inside . That' s the difference . The stairs inside are never going to be covered with ice and snow. If the stairs are outside , anytime the wind blows more than about 3 miles an hour they are going to be covered with ice and snow until you clean them off . We can enclose the bridge . Attorney Barney - This is a covered , but externally exposed bridge ? Mr. Hoffman - Those are handrails that you are seeing on the side there . Mr. Frost - It may even have more ice and snow on the metal railing . There are no stairs , but it may be just as slick if not slicker. Mr. Ellsworth - The deck of the bridge will be icy at times whether you are horizontal or. . . 39 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 17, 2002 Mr. Hoffman - Absolutely , but a lot easier to negotiate if it's level . If that were the major objection , we would certainly look into it . Mr. Stotz - It's a nice house . Chairperson Sigel opened the public hearing at 9 : 16 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 9 : 17 p . m . Chairperson Sigel - Any further comments or questions? Mike , any further comments ? ENVIRONMENTAL ASSESSMENT: Mr. Smith - I would just emphasize the same things that have been discussed with the screening . You are eliminating the majority of the mature trees on the property, which are going to screen the existing site . You are going to be looking at four levels from the lake . It is a large structure from all the sides . There is a lot of mass to be looked at without much screening for it . During the demolition and construction , erosion and sediment control will be very important since it is such a steep slope . There really isn 't access down to the site . It will be important to do that . Mr. Cigolle - Two trees , which are dead , are being removed . It is not like there aren 't other trees that still standing . There are substantial trees around the site . Mr. Stotz - What is your proposal initially for plantings on the trellis ? What are you going to do? Are you going to plant seeds there or are you going to have mature plantings? I realize it is more expensive . Is it going to be completely screened at the lowest level from the get go or is it going to wait until things grow up ? Mr. Hoffman - I don 't think you can buy a vine already full grown . I imagine we are talking about something that you will get some plants , but it will take a year until they . . . Mr. Stotz - Well they do have mature trees that are 20 feet high that you can plant . Mr. Hoffman - We would probably opt for trees along the sides . I thought you were talking about the trellis in front . Mr. Stotz - The trellis in front , yeah . Mr. Hoffman - Those aren 't trees . That is something that would actually attach to the trellis . Mr. Stotz - It is going to have to grow up over time on the trellis . Chairperson Sigel - I would assume it would take several years unless you did something quite extraordinary . Mr. Stotz - I don 't think there is any doubt about your intentions . You are known in the community . I am sure you will do whatever is needed to screen that . It is just that initially , people are going to come by . They are going to be on the lake in the boat and they are going to say what is that . Here 40 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 17y 2002 we 've got another huge building . With the screening in place from the start , you wouldn 't get the kind of reaction . There are people in this community that are very , very concerned about what is happening along the lakefront in terms of changing its architectural character. Ms . Howell - I realize that . There are a lot of modern houses there now. Mr. Stotz - This looks pretty modern . Mr. Hoffman - I think , too , the general change that we are seeing along the lakefront in terms of the kind of buildings there have to do with a lot of the conversion of what had been predominantly seasonal use buildings to people who wanted to live on the lake all year long . In my way of thinking it is all vast improvement . Somehow you take better care and buildings just look a lot more substantial and a lot nicer and are better kept when people are there all the time . This is a big move for this piece of property, obviously. Bonnie has been here 15 years and likes it . It is a great location , obviously. Attorney Barney - What is the square footage of the building itself? Mr. Cigolle - Twenty-five hundred . Attorney Barney - Is that including the decks ? Mr. Hoffman - That is the decks and the house . Attorney Barney - But not the lower deck? Mr. Hoffman - No , not the lower deck . That is on grade . Anything that is more than 3 feet or 5 feet above ground we have to count . Attorney Barney - The current house you are talking about replacing , what is the total square footage of that? Mr. Cigolle - It is 850 square feet . Mr. Frost - I have opinions on some points of this appeal that I won 't voice . One thing that always makes me laugh and I remember when we had Dr. Lamb 's case before us it was not too long after I had just come back from Lake Placid on vacation . We took a boat around Lake Placid and saw these huge houses . I listened to everyone saying that they wished they could live in a house like that . I think that there is probably an element of people who would see this house was constructed on a lake from a boat that would say they wouldn 't mind living in that house . Mr. Ellsworth - I always say, " I wonder who lives there and where they work " . Mr. Frost - They are asking for a number of things on this appeal . 41 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 177 2002 Mr. Hoffman - This , however, is not a really large house . A 2500 square foot house is a relatively modest house by today's standards . It is a really small footprint . You don 't find too many houses even in subdivision that have footprints less than 850 square feet . Mr. Frost - I happened to come upon on cable TV last night a thing on Frank Lloyd Right designed houses . They had streams running through them and so forth . I 'm not saying it is a Frank Lloyd Right design , but I think it is in the character of a modern looking building as opposed to the traditional architecture . Mr. Hoffman - Edgar Kaufman , who the house was designed for, had a slightly better budget than Bonnie has . Mr. Stotz - I could even accept the bridge the way it is , but the problem for me is screening that lower area . If there were some assurances or some conditions that we could put on it that would require that screening be reviewed by the Town or something and that it be maintained . Mr. Hoffman - If need be , I 'm sure we could even convince Bonnie to put some trees in there while the vines grow and then remove the trees afterwards . If that were the major issue , we would find a way to comply. Attorney Barney - Is there room enough to do that? Mr. Cigolle - The trellis is behind the line that is projecting from the deck. I think if we put a trellis on there , we would start by making it a dark green . Then hope to get plants growing on it to sort of fill in the shadowy area under the house . Mr. Stotz - I can see why you don 't want trees there . Mr. Hoffman - We could also put some pretty substantial potted plants on the balcony with vines draped off of them that we could start tomorrow so they would already be 20 feet long . Mr. Ellsworth - I agree with Dave . The part that really bothers me is a lot of exposed view to the lake . I will grant you that you have done a great job by pulling in from the sides of the lot so on and so forth . It is a very tough site . It is very steep . I feel that you have to do the best you can to mitigate that view from the lake to a degree . Mr. Hoffman - Is your concern the space below the lower level of the house that makes the house that much fuller? Mr. Ellsworth - It is the mass of what is facing the lake . I realize there are other lots that are more massy , but this is a narrow lot . The others may be wider. I don 't recall what the width of the Lamb lot was . I guess that is one of my pet things . As I stand and look at the lake and see these buildings sticking out at me , I think it detracts from the beauty of the lake and the surroundings . Mr. Hoffman - I don 't disagree with you at all about that . I think we would be more than happy to come with a plan that actually had that . 42 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Ellsworth - I think there are people in the Town that can do that from here . Mr. Hoffman - I think the reason we are here now is obviously we don 't want to go much further here without knowing that this can happen . Chairperson Sigel - My problem is just with the smallness of the lot and the overall magnitude of the proposed development . Mr. Frost - What is interesting , though , is that the building lot square footage is about half of that of an R- 15 . It doesn 't seem like it really takes much to get over 20 percent when you are doing an 8500 square foot building lot . The house itself is not really an extraordinarily big house . We had an appeal for us for a 24-foot by 24-foot garage . It looks like one dimension on this house is 24 foot , albeit the three levels here . Where the mass starts to come from is the three-stories . Mr. Stotz - You are doing justice to the lot size in a way in terms of the footprint , but you are not doing justice in terms of visual impacts from the lake . Chairperson Sigel - I agree that from your rendering that the visual impact from the lake is certainly better than some of the other larger homes that have been built . Other aspects of the design , while maybe unusual I think maybe I could be convinced of , but only in the context of a larger lot . If there was just more distance between this lot and the neighbors and the setbacks were within the required amount . For me it is just sort of the totality of all the deficiencies and the coverage and the smallness of the lot . It just seems out of character with that lot . Mr. Frost - The side yard would be improved . Chairperson Sigel - You can argue though whether a few feet back and 20 feet up is better from their perspective . Mr. Stotz - The people in the one house to the south , although they are only there seasonally, before they were looking out at a small house over the roof. Now they are looking at something that is much higher. I mean there is a tradeoff for them . They've gotten you further away from the side lot line , but now you are further up in the air. Again , if there it was a problem for them and they knew about this they would be here to say something . Attorney Barney - In the transition from the old to the new, is the concrete pad that is shown on the old configuration . . . what is going to happen to that when the wood deck is put in ? Mr. Cigolle - The new wood deck would be on top of that . Mr. Hoffman - The concrete patio is bigger than the wood deck that is there . The concrete patio is going to go away . Attorney Barney - On your rather attractive drawings here , you are showing it in green . Is that going to be the color of the concrete pad ? Mr. Cigolle - The concrete patio that is not covered by the new deck will be removed . 43 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Frost - Have you explored the lot for the construction ? With the depth of bedrock, you might not be able to grow much unless you bring in soil . Mr. Cigolle - Bonnie has low plantings in this area and it has been very successful . Chairperson Sigel - Would somebody like to make the motion on something ? We have an environmental assessment form . Mr. Stotz - We are dealing with area variances . Chairperson Sigel - Is SEAR required ? Attorney Barney - Well , the lot line and setbacks you don 't need a SEQR for. An area variance for height you would need a SEQR for. If your ultimate determination is to deny the appeal , you may want to take a preliminary vote as to where you are headed on the ultimate determination before you do SEQR . Chairperson Sigel - I think if someone were inclined to move to deny , we would skip SEQR . If someone was inclined to move to grant then we would make a motion on the SEQR first . Mr. Ellsworth - We can do a straw vote . Mr. Stotz - I 'm inclined to say yes with conditions . Mr. Ellsworth - Same . Chairperson Sigel - Ron ? Mr. Krantz - Yes . Attorney Barney - Then we better do SEQR . Chairperson Sigel - Would someone like to make a motion on the environmental assessment? Mr. Krantz - I make a negative recommendation of environmental significance in the appeal of Bonnie Howell requesting authorization to reconstruct a single-family residence on an undersized building lot at 877 Taughannock Boulevard , Attorney Barney - Making the findings that the recommending authority made a recommendation . Chairperson Sigel - Second ? Mr. Ellsworth - I ' ll second it . Chairperson Sigel - All in favor? 44 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 17, 2002 Mr. Ellsworth , Mr. Stotz and Mr. Krantz - Aye . Chairperson Sigel - Opposed . ZB RESOLUTION NO. 2002-028 - ENVIRONMENTAL ASSESSMENT = Bonnie Howell Tax Parcel No. 25. -2-22, Ma 20, 2002. . MOTION made by Ronald Krantz, seconded Harry Ellsworth. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Bonnie Howell, requesting authorization under Article Xll, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to reconstruct a single-family residence on an undersized building lot with deficient side yard building setbacks at 877 Taughannock Boulevard, Tax Parcel No. 25. -2- 22, for the reasons set forth in the environmental assessment completed by Town Staff. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz. NA YS: Sigel. The motion was declared to be carried. Chairperson Sigel - Would someone like to make a motion on the appeal ? Mr. Stotz - I move that the appeal of Bonnie Howell to be permitted to reconstruct a single-family residence on an undersized building lot at . . . with deficient side yard setbacks located at 877 Taughannock Boulevard be approved . Do we want a separate motion on each ? Attorney Barney - No . It is not necessary . Mr. Stotz - That this motion include approvals for a variance from the height limitations to permit the construction of this building in accordance with the plans submitted to not exceed 52 feet . Also , that it includes approval for lot coverage of 26 percent , plus or minus . Attorney Barney - Not to exceed 27 percent . Is that inclusive of the bridge ? Mr. Hoffman - That includes the bridge . We included the bridge and all the existing buildings for the lot coverage . Mr. Stotz - That the new building . . . l don 't know how to phrase this , that new building setbacks will continue to be deficient . Attorney Barney - No . The new building be located no closer than 7 feet to the south line of the property and no closer than 8 feet to the north line of the property. Mr. Stotz - This is based upon the following findings : The lot is sufficiently steep so as to make construction of a house with steps with a lower profile . . . that's not true . Simply, that this is an 45 ZONING BOARD OF APPEALS MAY 20 , 2002 APPROVED JUNE 17, 2002 unusually steep lot located on the lake . Another finding is that by demolishing the existing house and constructing a new house it will in affect increase the side lot setbacks over what currently exists . Basically that is it on the findings . The approval is predicated on the following condition that adequate screening of the type presented in the plans consisting of a lattice and live plants be installed at the same time as construction and that the planting be of the type that will mature within a reasonable period of time and that the planting will continue to be maintained for the foreseeable future . Chairperson Sigel - Maybe you want to say, " perpetually maintained " . Mr. Stotz - Perpetually maintained . That's even better. My future is not that far out . Chairperson Sigel - That all other screening shown in the plans be included or at least be substantially similar. Attorney Barney - And within one growing season of completion of the building . Mr. Frost - Would it be fair to recognize that if there was gypsy moths years ago how much it destroyed vegetation around the lake . If something like that should happen beyond Bonnie 's control , it is not fair that she should have to maintain something if there is a blight out . Mr. Stotz - Subject to an act of God then . Chairperson Sigel - Saying that the screening is to be maintained perpetually means you have to continually maintain it . Mr. Stotz - If it dies off because of an attack by insects or disease it has to be replaced . Attorney Barney - I think in the course of construction the Town Engineer approve the erosion control measures to prevent sedimentation and erosion of the site in advance of an issuance of a building permit . Mr. Stotz - That is acceptable . Chairperson Sigel - Second ? Mr. Ellsworth - I 'll second it . Chairperson Sigel - All in favor? Mr. Ellsworth , Mr. Stotz and Mr. Krantz - Aye . Chairperson Sigel - Opposed . ZB RESOLUTION NO. 2002=029 - Bonnie Howell, Tax Parcel No. 25. -2-22, MaV 20, 2002. MOTION made by David Stotz, seconded Harry Ellsworth. 46 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 RESOLVED, that this board grants the appeal of Bonnie Howell, requesting authorization under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to reconstruct a single-family residence on an undersized building lot with deficient side yard building setbacks, at 877 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25. -2-22, approving the following: a . The motion includes approval for a variance from the height limitations to permit the construction of this building in accordance with the plans submitted, and b. To not exceed 52 feet in height, and C, The motion includes approval on lot coverage not to exceed 27 percent inclusive of the bridge and all existing structures, and d. The new building be located no closer than 7 feet to the south line of the property and no closer than 8 feet to the north line, and This approval is granted based upon the following: FINDINGS: a . The lot is an unusually steep lot located on the lake, and b. By demolishing the existing house and constructing a new house it will in effect increase the side lot setbacks over what currently exists. CONDITIONS: a . Adequate screening of the type presented in the plans consisting of a lattice and live plants be installed at the same time as construction, and b. The plantings be of the type that will mature within a reasonable period of time, and C, The plantings continue to be perpetually maintained, and d. All screening shown in the plans be included, and e. Plantings are to be established within one growing season of completion of the building, and f. During the course of construction, the Town Engineer approve the erosion control measures to prevent sedimentation and erosion of the site in advance of the issuing of the building permit. The vote on the motion resulted as follows: AYES: Ellsworth, Stotz, Krantz. NAYS: Sigel. The motion was declared to be carried. Chairperson Sigel - Thank you . It was a nice presentation . Chairperson Sigel- I think we are going to take a one- minute break . The last appeal to be heard was as follows : 47 ZONING BOARDOF APPEALS MAY 209 2002 APPROVED JUNE 17, 2002 APPEAL of the Town of Ithaca , Appellant , Fred Noteboom Town Highway Superintendent , Agent , requesting an approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , in order to renovate and expand the Town Public Works Facility at 106 Seven Mile Drive , Town of Ithaca Tax Parcel No . 33-2-6 . 5 , Residence District R-30 . Mr. Noteboom - I do apologize to this board for not showing up when I supposed to . I thank Andy for giving me a call . I was intending to show up tomorrow night . Chairperson Sigel - I think the other applicants appreciated that they got to go a little sooner. Mr. Noteboom - I work for the Town of Ithaca . We are renovating approximately 11 , 000 square feet and adding almost 16 , 000 square feet to the building on this site . The north side will be moved out 50 foot . The east side will go out approximately 50 foot . On the south side the office part will extend over. We are impacting the site by the size of the building , but we are setback from the road quite a bit . Visually, it is quite well screened . We are adding 78 trees , 55 bushes to the site plan for screening around the property . The operation there will not change . There will be no more noise , no more equipment unless the Town continues to grow. That is really it in a nutshell . We don 't have any significant impacts on drainage or other issues . Chairperson Sigel - This has been pretty well covered by the Town Board and Planning Board , Mr. Noteboom - We had one neighbor stop in , the Briar Patch Veterinarian . They were curious about it . Chairperson Sigel - The Town hasn 't received any negative comments? Mr. Noteboom - Not that I 've heard of . Mr. Stotz - What kind of siding is this going to have on it? What color is it? Mr. Noteboom - It will be forest green . Metal siding . There will be two shades because there is a lower part where the offices are . It should make the building a little more aesthetically appealing by breaking up that front fagade that is solid right now. We have two out buildings there that are already presently forest green , a cold storage barn and what we call the annex , which is another cold storage barn . Mr. Stotz - So you are actually building around the existing structure . Mr. Noteboom - Yes , we are . It is all attaching to the existing structure . Mr. Stotz - Will there be more truck traffic there because you have more maintenance bays ? Mr. Noteboom - No . The same amount of vehicles will be there . The same amount of people will be there . It is the same operation that we have there today. The Town may grow, so it may move on in the future as we have grown in the past . Mr. Stotz - But there are no plans to put additional Town vehicles there ? 48 ZONING BOARD OF APPEALS MAY 20, 2002 APPROVED JUNE 17, 2002 Mr. Noteboom - No . The only Town vehicles that we don 't have there are the ones up here at Town Hall . Andy drives one . They take them home . Mr. Stotz - There won 't be any more people up there ? Mr. Noteboom - No . Mr. Smith - Actually, the expansion should help put more of the vehicles to be stored inside . Mr. Noteboom - A lot of our equipment and vehicles are outside . Mr. Stotz - The only objection you got was from Briar Patch ? Mr. Noteboom - It wasn 't an objection . She stopped in because she lives right close to there . She just asked questions about it . We showed her the site plan and what we are intending . She seemed just fine with it . Mr. Stotz - Just an aside , has there ever been any discussion with other municipalities about consolidating maintenance facility for Town and City and Village vehicles instead of everybody going on their own ? Mr. Noteboom - I would have to say not really at this point in time . There is a lot of issues there . Mr. Stotz - It seems to me that everybody building their own facility, having their own lifts , and having their own maintenance people . There are some economies you can have when you consolidate those funds . Mr. Noteboom - There have been some discussions , but none of them have really gone too far. Mr. Stotz - I was just curious . Mr. Noteboom - There are discussions of Planning Departments and various entities joining in , Building and Zoning . They really haven 't got to the point that we can address those . Mr. Stotz - Are you going to do any maintenance work for any other municipalities in this facility? Are they going to bring you vehicles and do it on a contract basis or anything like that? Mr. Noteboom - No . The only one that might possibly come is Bolton Point . There has been discussion at bringing those down . The logistics of that are not as simple as it sounds . I think we will be having discussions on them in the future . I don 't know if it will be within my time with the Town . I doubt it . That is the kind of thing that takes a lot of talking . We do work with all the other entities when it comes to our maintenance and a lot of work . We trade with the County and other towns . We are actually working a lot more with the State . There could be son.sa cost savings . Chairperson Sigel opened the public hearing at 9 : 55 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 9 : 56 p . m . 49 ZONING BOARD OF APPEALS MAY 209 2002 APPROVED JUNE 17, 2002 Chairperson Sigel - We don 't need to move on the SEAR . If there is no more discussion , we just need a motion on the appeal . Mr. Ellsworth - In regard to the appeal of the Town of Ithaca , requesting , I move that the board approve for the Town to renovate and expand the Town Public Works at 106 Seven Mile Drive . Town of Ithaca Tax Parcel No . 33 . -2-6 . 5 as presented in the plans , which we have and including any resolutions by the Planning Board . Chairperson Sigel - Having found that the requirements for a special approval have been met . Attorney Barney - Section 77 , subdivision 7 , subparagraphs a- h . Mr. Ellsworth - Agreed . Noting that this a renovation of the existing Town Highway Facility and an expansion of this facility, approximately 11 , 000 square foot being renovated and adding approximately 16 , 000 square foot . Chairperson Sigel - Second ? Mr. Krantz - Second . Chairperson Sigel - All in favor? Board - Aye . ZB RESOLUTION NO. 2002-030 - Town of Ithaca, 106 Seven Mile Drive, Tax Parcel No 33, =2m 6a 5. 3 2- 6. 5, May 20, 2002s MOTION made by Harry Ellsworth, seconded by Ronald Krantz. RESOLVED, that this board grants the appeal of the Town of Ithaca, requesting an approval from the Zoning Board of Appeals under Article V. Section 18 of the Town of Ithaca Zoning Ordinance, to renovate and expand the Town Public Works Facility at 106 Seven Mile Drive, Town of Ithaca Tax Parcel No, 33. -2-6. 5, Residence District R-30, based upon the following: FINDING: a. The requirements for a special approval have been met, Section 77, Subdivision 7, Subparagraphs a -h. CONDITIONS: a . Approval is based upon the plans submitted to the board, and b. The applicant comply with resolutions Massed by the Planning Board, and C, This is approximately an 11 , 000 square foot renovation and an 16, 000 square foot expansion of the existing Town of Ithaca Highway Facility. 50 ZONING BOARD OF APPEALS MAY 207 2002 APPROVED JUNE 17, 2002 The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz. NAYS: None. The motion was declared to be carried unanimously. Chairperson Sigel - Thank you for coming down and enjoying our meeting with us . Mr. Noteboom - Just as an aside , Dave , Cayuga Heights at one point in time approached us about joining our department there . Brent Cross came down and talked with our Public Works Committee . They were in favor of it . They took it back to the Village Council and they didn 't want to do it . OTHER BUSINESS : Chairperson Sigel - David , it sounds as if you are leaving us . Mr. Stotz - My wife is quite ill . We had to sell our house in a hurry. It is a seller's market . We put it on the market and it was gone in two weeks . We are moving June 1St to an apartment in Lansing while we figure out what we are going to do . So I am going to have to resign from the board . I wish it wasn 't . I have enjoyed it . Mr. Krantz - Is that a requirement? Attorney Barney - Residency is a requirement . Mr. Stotz - I will send a letter to the Town Board . We may move back into the Town sometime during the year or towards the end of the year. I don 't know where her health is going at this point . It has been a tough time for us . I almost lost her last Sunday. It has not been easy . Attorney Barney - You have been a great member of the board . Mr. Stotz - I 've enjoyed it . It has been a real learning and growing experience for me . It has given me a lot of satisfaction . It was a good experience . I hate to give you such short notice . It was unexpected . Chairperson Sigel - I hope everything works out okay for you . Chairperson Sigel adjourned the meeting at 10 : 01 p . m . Kirk Sigel , Chairperson Carrie Whitmore , Deputy Town Clerk 51 TOWN OF 1THACA 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 Zoninp, Board of Appeals in Town Hall , 215 North TioQa Street Ithaca New York on Monday May 20 2002 commencinp, at 7 : 00 P. M ., as per attached. Location of sign board used for posting: Town Clerk Sien Board — 215 North TioQa Street. Date of posting: May 10, 2002 Date of publication: May 13, 2002 Dani L. Holford, Building and Zoning D artment Secretary, Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 13th day of May 2002 . CIO Notary Public t;ARR1E WHIT of NeW �(°rk' public, State NotaryNo 01 a Co60 nty77 2ovz 7io9pecernber 26.,E Commission Expires TON'VN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 20, 2002 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 Monday, May 20, 2002, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M ., on the following matters: APPEAL of the Town of Ithaca, Appellant, Fred Noteboom Town Highway Superintendent, Agent, requesting an approval from the Zoning Board of Appeals under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, in order to renovate and expand the Town Public Works Facility at 106 Seven Mile Drive, Town of Ithaca Tax Parcel No. 33-2-6.5 , Residence District R-30. APPEAL of Robert and Barbara Cons, Appellants, seeking a 'variance from the requirements of Article IV, Section 14 and Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance in order to place an 8 foot high fence within required open yards at 115 Northview Road, Town of Ithaca Tax Parcel No. 52- 1 -7, Residence District R- 15. APPEAL of John Lowe, Appellant, Lawrence Fabbroni LS, Agent, requesting a variance from the requirement of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance, to be permitted to subdivide land with a yard width of 25 feet both at the street line and at the maximum front yard setback (60 feet and 100 feet required) at 136 Snyder Hill Road, Town of Ithaca Tax Parcel No. 61 - 1 - 12 . 1 , Residence District R- 15. A variance from the requirements of Section 280A of New York State Town Law may also be requested. APPEAL of Town of Ulysses, Appellant, Doug Austic, Agent requesting a variance from the requirements of Article IV, Sections 14 and 16 of the Town of Ithaca Zoning Ordinance to be permitted to construct a municipal water pumping station on an 8225 + square foot lot ( 15 ,000 square feet required) with a 73 .74 + foot lot depth ( l 50 feet required), located at 133 Woolf Lane, part of Town of Ithaca Tax Parcel No. 23- 1 - 11 . 134, Residence District R- 15 . Said building will have a 15 ± foot front yard building setback (25 + feet required). APPEAL of Ardell Alling, 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 construct a garage on a non-conforming parcel of land at 288 Hayts Road, Town of Ithaca Tax Parcel No. 24- 1 -38, Residence District R-30. Said property is non- conforming as it has a lot width of 140 feet ( 150 feet required) and a residence with an existing east side yard building setback of 30 + feet (40 foot setback required). The proposed garage will be placed on the building's south side. APPEAL of Bonnie Howell, Appellant, HOLT Architects, Agent, requesting authorization under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to reconstruct a single-family residence on an undersized building lot with deficient side yard building setbacks, located at 877 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-22, Residence District R- 15. Variances from the requirements of Article IV, Section 1 ] , 14, 15 , and 16 are also requested to construct the new residence with a building height of 52 ± feet (36 foot limit) with a lot coverage of 26 ± percent (20% maximum coverage allowed) and new building setbacks that will continue to be deficient. 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 : May 10, 2002 Published : May 13 , 2002