HomeMy WebLinkAboutZBA Minutes 2008-08-18 DATE
Zoning Board of Appeals
215 North Tioga Street, Ithaca, NY 14850
Monday, August 18 , 2008
7 : 00 PM
Present
Board Members : Harry Ellsworth , Vice Chairperson ; Ron Krantz, James Niefer,
David Mountin , Susan Mann , alternate .
Staff Members : Carrie Coates Whitmore , First Deputy Town Clerk ; Susan Brock ,
Attorney for the Town ; Dan Walker, Director of Engineering ;
Christine Balestra , Planner.
Excused Kirk Sigel , Chairperson ; Andrew Dixon , alternate .
Others Dean Robinson , Rabbi Jason Leib , Chris Bordlemay , Bruce Bates ,
Steven Bauman , John Rancich , Linda Luciano , Andy Sciarabba ,
Alan Bishop , Kristin Gutenberger, Jim Adams , Hal Martin , Mary
Bentley , Brian Francis , Dean Robinson , Hans Wien , and Jim Auble .
Call to Order
Vice Chairman Ellsworth called the meeting to order at 7 : 00 p . m . He welcomed
everyone to the August meeting of the Town of Ithaca Zoning Board of Appeals and
announced there were seven appeals before the board .
Vice Chairman Ellsworth announced that Susan Mann would be acting as a voting
member of the board for the evening .
APPEAL of the Center for Jewish Living at Cornell University, Appellant , Rabbi
Jason Leib and Dean Robinson , Agents , requesting sign variances from or an
interpretation of the requirements of Chapter 221 of the Town of Ithaca Code
(Town Sign Law) to be permitted to attach lechis ( plastic poles ) on the side of
approximately 75 NYSEG and Verizon -owned utility poles in the Town of Ithaca .
The lechis will denote the boundary of an ERUV (symbolic fence ) , the route of
which will include a two mile loop along Pleasant Grove Road , Forest Home
Drive , Caldwell Road , Dryden Road , Pine Tree Road , and Maple Avenue . The
Town of Ithaca Sign Law prohibits off- premise signs and signs on utility poles .
Dean Robinson and Rabbi Jason Leib , Center for Jewish Living
Mr. Robinson gave a brief explanation of the Eruv and explained that they were here for
a variance because the Code Enforcement Officer for the Town deemed the plastic
poles that they wanted to attach to utility poles constituted a sign . Their goal tonight
was to have either a variance for the signs or an interpretation that the lechis are not
signs . He displayed examples of the plastic molding they would be attaching to the
utility poles .
Zoning Board of Appeals
Minutes of August 18, 2008
Final
Conversation started with deciding whether the lechis were , in fact , signs . Mr . Robinson
and Rabbi Leib explained that there were no banners ; the moldings just create a "virtual
boundary" . Ms . Mann asked why , if the community that this virtual boundary is going to
serve does not rely on seeing the lechis to know where the boundary is , why are they
necessary. Rabbi Leib answered that it has to do with Jewish Law transforming a public
domain into a private domain . The lechis were intentionally designed to match and
blend - in with the utility poles . Mr. Robinson went on to clarify that the markers needed
to be there for Jewish Law , but they tell members where it is by maps and word -of-
mouth to avoid errors . They do not want them to try and find the lechis , but to rely on
the maps because the lechis may be mistaken by a person . Ms . Mann stated then that
the need is purely based on legally technicalities of Jewish Law , not based on actually
communicating any information . Rabbi Leib agreed , and stated that it is purely
functional in a virtual fence . Mr. Robinson went on to explain how , what and why the
boundary is set .
Harry Ellsworth asked why now . Mr. Robinson said it can be done but it is preferable to
establish an Eruv. Generally , when an Orthodox population reaches a large enough
size to maintain and require an Eruv , one is set . Rabbi Leib explained that they have
been trying to form an Eruv for approximately six years . It takes a lot of organization .
The first Eruv in America was in the early 1990 ' s . Harry Ellsworth stopped him and
asked where the Center for Jewish Living was , in relation to the City of Ithaca line . He
wondered what municipalities the Eruv would be in . Mr. Robinson said it would be in
the City, the Town and the Village of Cayuga Heights . Ron Krantz stated that there was
precedent for this symbolic fence and that nothing could be more innocuous than what
they were requesting . The real question is whether it is a sign . He felt that the Planning
Board decreed that it is probably more of a sign than anything else . Ms . Brock
disagreed and stated that they made the assumption that it was a sign in their
recommendation ; however, they also recognized that it is not their role to interpret the
sign law and that that was the ZBA' s role . Ms . Brock clarified that the Zoning Board
could either interpret that the lechis were not signs , in which case no variance would be
needed , or they were signs and a variance would be needed . Ms . Mann asked for
absolute clarification stating : " If it is not a sign and not a fence , no variance is required at
all . " There was some discussion on this and Ms . Brock clarified that the Board had
before them a variance for a sign , and that is what the Board should decide . Harry
Ellsworth said to him , a sign has letters that you read . Ms . Brock added that the
definition of a sign was in the Board ' s packet and Ms . Mann quoted it . Mr. Mountin felt
that the Eruv did not communicate information and made a motion to say the Eruv is not
a sign , Ron Krantz seconded the motion . Discussion continued . Ms . Mann felt it was
important to note that the community it serves does not take meaningful information
from it ; rather, the meaningful information is conveyed to the community by the religious
leadership , maps and other means of communication . That indicated that it was not a
sign in her opinion . Discussion continued amongst Board members . Jim Niefer added
that he didn 't think it was a sign but some symbols do communicate information when
people know what those symbols mean .
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Minutes of August 18, 2008
Final
Harry Ellsworth asked Ms . Brock what the Board needed to do if they determined they
were not a sign . Ms . Brock said the Board should pass a resolution with a finding that
the Board is interpreting the sign law and stating the lechis do not constitute signs . Ms .
Mann noted that the Board needs to consider any unintended consequences the
determination might have . Harry Ellsworth stated that each appeal is very specific . Ms .
Brock cautioned that somebody coming in later might point to this interpretation if they
had something similar they wanted to put on poles . Harry Ellsworth opened the public
hearing at 7 : 25 p . m . There was no one wishing to speak . The public hearing was
closed at 7 : 25 p . m . Harry Ellsworth asked Mr. Mountin or Mr. Krantz to draft a motion .
Mr. Krantz proposed a resolution and there was some discussion on the size of the
plastic moldings .
Ms . Brock restated/drafted the resolution . Harry Ellsworth called for a vote . The
resolution passed unanimously.
ZB RESOLUTION NO. 2008-049: Sign Interpretation, Center for Jewish Living at
Cornell University
MOTION made by Ron Krantz, seconded by Jim Niefer.
RESOLVED, that this board determines that lechis attached to the NYSEG and Verizon
owned utility poles in the Town of Ithaca as described in the application do not
constitute signs as that term is defined in the Town of Ithaca sign law.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
APPEAL of Mary Bentley, Owner/Appellant, requesting a variance from the
requirements of Chapter 270 , Article VIII , Section 270-60 ( C ) of the Town of Ithaca
Code to extend a roof from a recently-converted living space over an existing
deck at a residence located at 100 Vera Circle , Town of Ithaca Tax Parcel No . 28- 1 -
34.42 , Low Density Residential Zone ( LDR) . Town Code requires a 40 -foot side
yard setback for structures other than garages in the LDR Zone . The appellant
received a side yard setback variance from the ZBA on January 28 , 2008 to
convert an attached garage into living space with the condition that "there is no
further nonconforming construction within the required 40-foot setback" (the
original proposal encroached into the 40 -foot required side yard setback) . The
proposed roof extension further encroaches into the required side yard setback .
Mary Bentley stated that she was unaware that the 1 -foot overhang would constitute a
change to the granted variance . Mr. Niefer wanted her assurance that she would not be
back in every month asking for a variance of the variance . Harry Ellsworth opened the
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Minutes of August 18, 2008
Final
public hearing at 7 : 34 p . m . There was no one wishing to speak . The public hearing
was closed at 7 : 34 p . m .
Ms . Mann asked Ms . Brock about the process of what happens when they do not follow
the conditions on a variance . Ms . Brock explained that they do so " at their own peril . "
They return and ask for an additional variance which the Board either grants and they
are fine , or do not and they could be required to fix the situation to meet the original
condition ( s ) .
David Mountin made a motion , seconded by Ron Krantz. Harry Ellsworth called a vote
and the motion passed unanimously.
ZB RESOLUTION NO. 2008-050: Area Variance, Mary Bentley, 100 Vera Circle, Tax
Parcel No. 28. 4 -34. 42
MOTION made by Dave Mountin, seconded by Ron Krantz.
RESOLVED, that this board grants the appeal of Mary Bentley requesting a variance
from the requirements of Chapter 270, Article VIII, Section 270-60(C) of the Town of
Ithaca Code to extend a roof from a recently converted living space over an existing
deck at a residence located at 100 Vera Circle, Town of Ithaca Tax Parcel No. 28. 4 -
34 . 42, Low Density Residential Zone with the following:
Conditions:
1 . That the side yard setback be no less than 32 feet,
2. That no further non -conforming construction within the required 40 foot ,setback
other than what is specified on the plans submitted by the applicant, and
3. That the proposed roof overhang extends no more than 2 feet in the side 40 foot
yard setback.
Findings:
That the benefit to the applicant does outweigh the detriment to the health, safety, and
welfare of the community, specifically:
1 . That the benefit the applicant wishes to achieve can be achieved by other
feasible means, but given that the existing condition and the request for variance
would result in no more than one foot of roof overhang,
2. That there will be no undesirable change in the neighborhood given that the
structure has existed,
3. That the request is not substantial,
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Minutes of August 18, 2008
Final
4. That the request will not have adverse physical or environmental affect, and
5. That the alleged difficulty, however being self-created, given that the porch was
built and later determined that the overhang . . . because of the minimal variance of
the overhang would seem to be practical to grant.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
APPEAL of the South Hill Business Campus , Owner, Linda Luciano , Appellant,
Kristin Gutenberger, Agent, requesting an interpretation of the requirements of
Chapter 271 , Section 271 - 13 of the Town of Ithaca Code to be permitted to
renovate a suite in the South Hill Business Campus located at 950 Danby Road ,
Town of Ithaca Tax Parcel No . 39- 1 - 1 .2 , Planned Development Zone #12 ( PDZ #12 ) .
The proposal includes creating offices and broadcasting studios for the Finger
Lakes Radio Group and installing exterior electronic transmission facilities
( antennae ) on the south side of the office building . The proposed on-air
broadcasting use may be considered a recording studio , which is an allowable
use in PDZ #12 . It is not clear if the electronic transmission facilities accessory to
the broadcasting uses are permitted . The appellant therefore seeks an
interpretation of the allowable uses in PDZ # 12 by the Zoning Board . Additional
variances could be necessary .
Kristin Gutenberger, Andy Sciarabba , Linda Luciano , and Alan Bishop appeared before
the board .
Harry Ellsworth recused himself from this appeal because he has a project with Mr.
Sciarabba . David Mountin stepped in as Chair.
Ms . Guttenberger gave a brief presentation . The request for interpretation centers on
whether an on-air recording studio is included within the definition of recording studio
which is a use permitted by right within the planned development zone . Specifically, the
applicant wants to lease a portion of the building to a tenant who will use it primarily as
a business office for sales and advertising which is permitted by right . There will be one
small recording studio within the leased space and this is also permitted by right . There
will also be one small on-air recording studio included . Of note is that the actual
broadcasting of the programs created in both studios will not take place in this location .
It is not an electronic transmission facility as categorized by the Code Enforcement
Officer and there will not be a satellite dish requested at this time .
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Ms . Luciano went on to refer to section 27 : 13 of the planned development zone stating
that "the original basis for creating the district was to allow the owner to rent to a variety
of tenants in a variety of businesses and activities and accordingly will need to convert
portions of the space from its past use to other types of uses . When enacting this
provision of the Town Code , the Planning Board clearly intended for minor, incidental
uses directly related to uses permitted by right . We feel this intent provides the Zoning
Board of Appeals with a clear basis to conclude that the applicants proposed use is
permitted within the zone . "
Questions from the Board . Ron Krantz asked if most recording studios had electronic
transmission . Mr . Bishop responded that most studios are used for recording and the
programming is used at a later time . He stated that the electronic transmission was
going to happen from Connecticut Hill , 7- miles away and that these would strictly be
studios , not transmission facilities . David Mountin asked what determined the size and
height of the antennae . Mr. Bishop responded and explained the function of each of the
3 antennae they were requesting . These included the emergency broadcast system .
He also stated that if they wanted a bigger signal , they would increase the Connecticut
Hill antennae , not the one being requested here .
Ms . Brock asked for clarification on what he stated as well as what was stated in a letter
sent to Mr. Kanter. It was stated that one of the transmitters would transmit a low- power
signal to fill- in sections of Ithaca that the main transmitter may miss due to terrain . Mr.
Bishop responded that this was the third antennae he had described and would be a
low- power, not the main high - power transmission that comes from Connecticut Hill . Ms .
Brock felt that would be characterized as a broadcast antennae and the application
asserts that the antennae do not perform that function . Mr. Bishop responded that it is
not the main function and that particular function could be stopped . Ms . Luciano stated
that even so , it is not prohibited .
Discussion ensued between Ms . Brock and Ms . Luciano regarding use as of right . Ms .
Mann thought the planned development zone contradicts itself between the intent and
the list of uses . Discussion followed . Mr. Sciarabba noted that during the development
of the zone , they knew there would be interpretation questions because you can 't think
of everything . Ms . Luciano compared the broadcast function to an internet cafe . It is
FCC approved to not interfere with anyone in the area .
Ms . Brock reviewed what the Code Enforcement Officer determined and what the, board
had to decide was : 1 . whether the broadcasting studio is covered by the permitted
recording studio in the law and 2 . Whether the antennae are a type of electronic
transmission facility that is or isn 't allowed in the law. Discussion followed .
Mr. Mountin opened the public hearing at 8 : 10 p . m . No one wished to address the
Board . The public hearing was closed at 8 : 11 p . m .
Discussion followed and a resolution was drafted .
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Minutes of August 18, 2008
Final
ZB RESOLUTION NO, 2008-051 : Interpretation of Chapter 271 , Section 271 - 13 of
the Town of Ithaca Code, South Hill Business Campus, 950 Danby Road, Tax
Parcel No. 39. 44 . 2
MOTION made by Dave Mountin, seconded by Susan Mann .
RESOLVED, that this board grants the appeal of the South Hill Business Campus
requesting an interpretation of the requirements of the requirements of Chapter 271 ,
Section 271 - 13 of the Town of Ithaca Code to be permitted to renovate a suite in the
South Hill Business Campus located at 950 Danby Road, Town of Ithaca Tax Parcel
No. 39. 4 - 1 . 2, Planned Development Zone No. 12. The board makes the interpretation
that the proposed broadcasting studio and antennae are uses permitted by Planned
Development Zone No. 12 for the following reasons:
1 . The Planned Development Zone No. 12 states that purposes of Planned
Development Zones are to permit, where appropriate, a degree of flexibility in
conventional land use and design regulations that will encourage development in
an imaginative and innovative way while ensuring efficient investment of public
improvements, a more suitable environment, and protection of community
interest. The proposed facilities would meet the intent of that purpose .
2. The legislation for Planned Development Zone No. 12 states the Town 's
Comprehensive Plan encourages light industrial and office park development in
appropriate areas to provide a variety of employment opportunities and increase
the tax base . The proposed facilities would meet these objectives.
3. The Planned Development Zone No. 12 specifically permits as of right recording
studios. This board finds that the proposed on -air broadcast studio and related
antenna are facilities that provide functions that are incidental to the primary uses
of a recording studio, which is specifically permitted by the law.
4. The use of very small sized and unobtrusive antenna and local broadcasting on
a low level, as proposed by the South Hill Business campus, we believe now
falls within the use, the terms of a recording studio.
A vote on the motion resulted as follows:
AYES: Krantz, Niefer, Mountin, Mann.
NAYS: None .
ABSTAIN: Ellsworth .
Motion was declared to be carried.
Vice Chairman Ellsworth assumes Chair responsibilities .
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Minutes of August. 18, 2008
Final
APPEAL of John Rancich , Owner/Appellant, requesting an extension of a
previously granted Special Approval from the requirements of Chapter 270 ,
Section 270417 , to continue a gravel pit mining operation located on the north
side of NYS Route 79/Mecklenburg Road , approximately 500 feet west of the
intersection of West Haven Road , Town of Ithaca Tax Parcel No . 27 = 1 - 14. 2 ,
Agricultural Zone . The previous Special Approval was granted for a three-year
period to coincide with a NYS DEC Mining Permit that was issued . Both the Town
of Ithaca Special Approval and the DEC mining Permit will expire on August 31 ,
2008 . The appellant requests an extension of the Special Approval for an
additional 5 years , to expire on or around August 31 , 2013
John Rancich and Steve Bauman appear before the board and gave an overview of
their appeal . Mr. Rancich explained he had been operating the gravel mine for
approximately 3 years and he has been stockpiling the material for use in his
Carrowmoor project . NYS DEC has renewed his remediation bond and his new permit
should be forthcoming shortly . Mr. Rancich plans to cancel the mining operation once it
is no longer needed .
Mr. Niefer asked if Mr. Rancich was planning to stockpile the materials from the mine .
Mr. Rancich responded that he has always planned to stockpile the material for use in
his Carrowmoor project , but he does not want to give up the option of selling the
material if it is not used for the project .
The board asked about the Carrowmoor project and Ms . Brock and Mr. Rancich gave
an overview of the proposed project along with its current status .
Ms . Mann asked if there have been any complaints regarding the mine . Mr. Walker
indicated that he had not received any complaints .
Vice Chairman Ellsworth opened the public hearing at 8 : 46 p . m . and invited the public
to address the board . There being no on interested in speaking , Vice Chairman
Ellsworth closed the public hearing at 8 : 46 p . m .
Environmental Assessment — Staff did not have any concerns . The applicant has
completed and submitted a Stormwater Pollution Prevention Plan ( SWPPP ) to the
Town . The SWPPP addresses impacts on erosion , drainage , and water quantity and
quality issues .
Vice Chairman Ellsworth moved to make a negative determination of environmental
significance for the reasons stated in the Part II environmental assessment form
prepared by Town staff. Mr. Krantz seconded . Vote — carried unanimously .
ZB RESOLUTION NO. 2008=052: ENVIRONMENTAL ASSESSMENT, John Rancich,
Gravel Minin_g Operation, Mecklenburg Rd, Tax Parcel No. 27. = 1 - 14. 2
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Final
MOTION made by Harry Ellsworth, seconded by Ron Krantz.
RESOLVED, that this board makes a negative determination of environmental
significance for the reasons stated in the Part 11 Environmental Assessment Form
prepared by Town Staff.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
Ms . Brock explained to the board that the application was for a special approve to
extend the fill permit . She read the fill permit , special approval permit , and mining
permit requirements to the board from Town Code .
The board and staff reviewed the conditions of approval for the special permit previously
granted to Mr. Rancich . Staff recommended that the conditions be included in the
board ' s resolution .
Vice Chairman Ellsworth moved to grant special approval extending the expiration of
the fill permit for an additional 5 years with the findings that the plan submitted to the
Town protects the property, the Planning Board has approved a site plan for the minting
operation , DEC has approved a reclamation plan , criteria of a special approval were
met , the operation of the mining permit has not negatively impacted the neighborhood ,
and with the same conditions as Zoning Board resolution 2002 -058 as amended by
Zoning Board resolution 2005-065 , there be a 100 foot buffer around the mine , and that
the mine operate 8 a . m . — 5 p . m . on working days only. Mr. Mountin seconded . Vote —
carried unanimously .
ZB RESOLUTION NO. 2008-053 : Special Approval, John Rancich, Gravel Mining
Operation, Mecklenburg Rd, Tax Parcel No. 27. 444. 2
MOTION made by Harry Ellsworth, seconded by Dave Mountin .
RESOLVED, that this board grants special approval to extend the expiration date of the
fill permit for another five years to August 31 , 2013 with the following:
Findings:
1 . That the plan for the proposed project submitted by the applicant to the Town
adequately protects the property and surrounding properties from significant
adverse consequences of the mining operations including when completed
adverse drainage, erosion, visual, or adverse impacts,
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Final
2, The Planning Board previously approved a site plan for the proposed mining
operations and the mining operations have not changed since the approval of
that site plan,
3. The New York Department of Environmental Conservation has approved a
reclamation plan for the mining operations and the plan and any required security
for the performance of the plan has been provided to the State of New York by
the applicant,
4. The special approval criteria in Section 270-200 are met,
5. That this mine has been operating since the year 2000 and has not been shown
to be detrimental to the health, safety, and welfare of the community and has not
negatively impacted neighborhood character, and
Conditions:
1 . There shall be a buffer area of at least 100 feet around the perimeter of the
mined area, between the mined area and any surrounding property,
2. Hours of operation are limited to 8 a . m. to 5 p. m. local time on business days
(days other than weekends and holidays) .
3. That all of the conditions imposed by the Zoning Board of Appeals in its
resolution number 2002-058 and as amended by resolution number 2005-065
shall apply.
4. That the applicant submit to the Town Engineering Department copies of any
New York State Department of Environmental Conservation permits or
documents amending the DEC permit applicable to the property.
5. The condition in resolution number 2005-065 that states this fill permit expires
August 31 , 2008 is not to be included as a condition.
6. That if the DEC permit authorizing the mining operations expires or is otherwise
terminated before August 31 , 2013, then the fill permit issued by the Town will
expire upon successful reclamation of the site .
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
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APPEAL of Brian Francis , Agent, Hans Wien , Owner, requesting variances from
the requirements of Chapter 270 , Article VII , Section 270-47(A) and ( C ) and
possibly Article XXV, Section 270 -205 of the Town of Ithaca Code to be permitted
to replace a dilapidated garage with a new garage on a property located at 913
Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25-2-7 , Lakefront
Residential Zone ( LR) . The proposed garage will encroach into the required front
yard setback and the required side yard setback on the south side of the
property.
Brian Francis , Hans Wien , and Jim Auble appeared before the board .
Mr. Francis described his application to the Board ; explained that in 1951 the NYS DOT
took a right-of-way that changed the property line . This caused the property line to cut
through the corner of the garage . The garage cannot be rebuilt in its current location .
The proposal moves the garage away from the road , towards the lake . The new
location is fully within the property lines , but encroaches on the setback requirements .
Vice Chairman Ellsworth asked how the applicant proposed to contain the steep slope .
Mr. Francis explained that they were going to pour a new retaining wall , which was
going to anchor the garage to hold the slope .
Mr. Niefer asked if the area under the garage would be used for storage . Mr. Francis
indicated
indicated that it would not be used for storage . Mr. Niefer then asked if the topography
between the garage and house was such that it prevents the garage from being located
in that location . Mr. Wien responded that he did not want to have his garage on a steep
driveway when he was attempting to avoid winter conditions . He wanted to have the
garage as close as possible to the road .
Vice Chairman Ellsworth asked Mr. Walker if he was satisfied with the proposed
retaining wall . Mr. Walker responded that he was ; the applicant would also need to
complete a SWPPP .
Mr. Mountin asked if Crown Construction had experience working with such steep
slopes and the erosion that could occur. Mr. Auble explained that they were going to be
entering from the driveway going south ; the main concern was the excavation of the
garage site . Mr. Mountin asked how much bigger of a footprint would be disturbed than
the footprint of the existing garage . Mr. Auble responded that the garage would be 4
feet longer, which meant the garage would be 9 feet further down the hill . There would
not be a change in the footprint from north to south .
Mr. Krantz noted that the plan is well thought-out , but stated that the board is seeing a
lot of requests in this area for encroachment into required setbacks and slopes . Mr.
Walker commented that it is a difficult area to build on .
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Vice Chairman Ellsworth opened the public hearing at 9 : 15 p . m . and invited the public
to address the board . There being no comments , Vice Chairman Ellsworth closed the
public hearing at 9 : 15 p . m .
Environmental Assessment — Ms . Brock explained that the board would need to
complete SEQR if they grant special approval . If the board decides not to grant a
special approval , then SEQR is not needed because a variance for area setbacks on
individual homes does not require SEQR . She read the requirements of the Lakefront
Residential zone to the board .
Mr. Mountin thought the board should consider granting a special approval . Ms . Brock
added the board could grant a special approval , but the board would also need to grant
a variance because the special approval only allows the garage to be within 5 feet of the
setback lines . Mr. Mountin pointed out that granting a special approval considers the
limitations of this particular site .
Mr. Mountin moved to make a negative determination of environmental significance for
the reasons in the Part II environmental assessment form completed by Town Staff. Mr.
Krantz seconded . Vote — carried unanimously .
ZB RESOLUTION NO. 2008-054 : ENVIRONMENTAL ASSESSMENT, Brian Francis,
913 Tau_ghannock Blvd, Tax Parcel No. 25. =2= 7
MOTION made by Dave Mountin, seconded by Ron Krantz.
RESOLVED, that this board makes a negative determination of environmental
significance for the reasons stated in the Part 11 Environmental Assessment Form
prepared by Town Staff.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
Mr. Mountin moved to grant a special approval based upon the uniqueness of the
property, steep slopes , limited setbacks , and that the special approval criteria had been
met . Mr. Niefer seconded . Vote — carried unanimously.
ZB RESOLUTION NO. 2008=055: Special Approval, Brian Francis 913
Tau_ahannock Blvd, Tax Parcel No. 25. 4- 7
MOTION made by Dave Mountin, seconded by Jim Niefer.
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RESOLVED, that this board grant the appeal requesting special approval based on the
uniqueness of the property including the challenges to the building on this 30% steep
slopes site, given the very limited( side and front yard setbacks and being able to build
within those very limited setbacks, and no other viable option for locating said new
garage anywhere else on the property. In addition the board also acknowledges the
support of this project by the Town of Ithaca Engineer. The board finds that the special
approval criteria in Town Code Section 270-200 are met.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
Vice Chairman Ellsworth moved to grant a variance finding that the requirements of an
area variance had been met and with the conditions that the applicant complete and
submit a SWPPP to the Town Engineering Department , the garage be built as shown
on plans , the setback from the front property line be no closer than . 4 feet, and the
setback from the south side yard setback be no close than 1 . 2 feet to the property line .
Mr. Mountin seconded . Vote — carried unanimously.
ZB RESOLUTION NO. 2008-056: Area Variance, Brian Francis, 913 Tau_ghannock
Blvd, Tax Parcel No. 25. -2- 7
MOTION made by Harry Ellsworth, seconded by Dave Mountin .
RESOLVED, that in the appeal of Brian Francis, requesting a variance from the
requirements of Chapter 270, Article V11, Section 270-41 (A) and (C), tax parcel number
25. -2- 7 at 913 Taughannock Boulevard, the board grants the appeal based on the
following:
Findings :
1 . That the benefit cannot be achieved by any other means feasible to the applicant
due to even steeper slopes on the remaining parts of the site where this garage
might be placed,
2. There 's no undesirable change in the neighborhood character or nearby
properties,
3. The garage will have the same footprint, but set a little differently on the property
so that its not in the State right-of-way,
4. The alleged difficulty is not self-created,
Page 13 of 18
Zoning Board of Appeals
Minutes of August 18, 2008
Final
5. The request is not substantial because pursuant to the special approval just
granted by this board only a 5 foot setback is needed where as this garage will
be within that setback, the amount of encroachment is not considered
substantial,
6. The request will not have physical or environmental adverse affects because the
proposed garage replacement will require very little site disturbance and little
change to the existing building footprint and so the board finds in considering all
these criteria that the benefit to the applicant outweighs the detriment to the
health, safety and welfare of the community,
Conditions :
1 . That the applicant submit a Simple Stormwater Pollution Prevention Plan
satisfactory to the Town Engineering Department,
2. That the project be built as shown in the plans submitted by the applicant,
3. That the garage can be located no closer than . 4 feet from the front yard property
line and 1 . 2 feet from the south side yard property line at the closest edge .
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
APPEAL of Cornell University Owner/Appellant , Chris Bordlemay, Agent,
requesting an extension of a variance from the requirements of Chapter '225 of
the Town of Ithaca Code to be permitted to continue use of an Arthropod
Research Facility, located off of Game Farm Road , Town of Ithaca Tax Parcel No .
64- 1 -2 , Planned Development Zone #9 without the installation of a Town required
sprinkler system . The New York State Building Code would not otherwise require
such an installation . The Zoning Board of Appeals granted a three year time
limited sprinkler variance for the proposal on September 19 , 2005 that will expire
on September 19 , 2008 . The appellant requests an extension of the variance for
an additional 3 years , to expire on or around September 19 , 2011 .
Chris Bordlemay and Jim Adams appeared before the board . Mr. Bordlemay gave a
brief history of the past variance that they had received . They were appearing before
the board for a 3-year extension of the previously granted variance . He noted that they
may not need the entire 3-year extension because Cornell is looking to expand its water
facilities to provide adequate fire flow to the area .
Page 14 of 18
Zoning Board of Appeals
Minutes of August 18, 2008
Final
Vice Chairman Ellsworth opened the public hearing at 9 : 32 p . m , and invited members of
the public to address the board . There being none , Vice Chairman Ellsworth closed the
public hearing at 9 : 32 p . m . and solicited questions from the board .
Ms . Mann asked if the variance could be granted until such time that Cornell ' s water
main project was complete . Ms . Brock responded that the board could grant a variance
to expire in three years or until the water project is complete , whichever comes first .
Mr. Krantz moved that the board make a negative determination of environmental
significance for the reasons stated in the Part II environmental assessment form
completed by Town staff. Mr. Mountin seconded . Vote — carried unanimously.
ZB RESOLUTION NO. 2008-057: ENVIRONMENTAL ASSESSMENT, Cornell
University, Game Farm Rd, Tax Parcel No. 64. = 1 =2
MOTION made by Ron Krantz, seconded by Dave Mountin .
RESOLVED, that this board makes a negative determination of environmental
significance, on the appeal of Cornell University requesting an extension of a variance
from the requirements of Chapter 225 of the Town of Ithaca Code, for the reasons
stated in the Part 11 Environmental Assessment Form prepared by Town Staff.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
Ms . Brock reviewed the sprinkler variance criteria with the board . Mr. Bordlemay and
Mr. Walker briefly explained the Cornell water expansion project to the board .
Vice Chairman Ellsworth moved to grant a sprinkler variance finding that requiring a
sprinkler system would create an unnecessary hardship , that human life is not
endangered by the absence of the sprinkler system , and with the conditions that the
variance expires in 3 years or upon completion of the water system project, and that
reasonable efforts be made by Cornell to complete the water project .
ZB RESOLUTION NO, 2008=058: Sprinkler Variance, Cornell University, Game
Farm Rd, Tax Parcel No. 64. 4 -2
MOTION made by Harry Ellsworth, seconded by Dave Mountin .
RESOLVED, that this board grants the appeal of Cornell University requesting an
extension of a variance from the requirements of Chapter 225 of the Town of Ithaca
Code to be permitted to continue the use of an Arthropod Research Facility located off
Page 15 of 18
Zoning Board of Appeals
Minutes of August 18, 2008
Final
of Game Farm Road, Town of Ithaca tax parcel no. 64 . 4 -2, Planned Development Zone
#9 without the installation of a sprinkler system that meets all the requirements of the
Town.
This board finds :
1 . For the reasons stated in its resolution no. 2005-044 that the application of the
strict letter of the Town sprinkler system chapter of the Town Code would create
a practical difficulty for the applicant, and
2. That the omission of an approved sprinkler system from all or part of the building
will not significantly jeopardize life,
Conditions :
1 . That this variance shall be limited to 3 years to expire on or around September
19, 2011 or until Cornell 's water expansion project is completed and the project
serves the Arthropod Research Facility with adequate water pressure, whichever
occurs first,
2. No additional extension shall be granted unless Cornell University is able to
demonstrate it has made best efforts to proceed with construction of the
proposed water expansion project.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
APPEAL of Cornell University, Owner/Appellant , Hal Martin , Agent, requesting a
variance from the requirements of Chapter 225 of the Town of Ithaca Code to be
permitted to install storage sheds at the Cornell Plant Production Facility, 397
Forest Home Drive , Town of Ithaca Tax Parcel No . 65- 1 -5 . 2 , Low Density
Residential Zone ( LDR) without the installation of a Town required sprinkler
system . The New York State Building Code would not otherwise require such an
installation .
Hal Martin of Cornell University appeared before the Board and gave a brief overview of
the proposed project . The project includes the installation of two storage sheds for tool
storage . The sheds would not have heat or electric . The board ' s packet provided
information regarding the proposed location of the sheds in relation to existing buildings
on site .
Page 16 of 18
Zoning Board of Appeals
Minutes of August 18, 2008
Final
Vice-Chair Ellsworth asked if flammable materials would be stored in the sheds . Mr.
Martin responded that there would not be . Ms . Mann suggested that the proposed
conditions be amended to include flammable materials .
Vice Chairman Ellsworth opened the public hearing at 9 : 47 p . m . and invited members of
the public to address the board . There being none , Vice Chairman Ellsworth closed the
public hearing at 9 : 47 p . m .
Environmental Assessment — Staff did not express any concerns with regard to the
proposed project ; board members did not have any questions or comments regarding
the environmental assessment form .
Vice Chairman Ellsworth moved to make a negative determination of environmental
significance for the reasons stated in the Part II environmental assessment form
prepared by Town staff. Mr. Krantz seconded . Vote — carried unanimously .
ZB _ RESOLUTION NO. 2008-059 : ENVIRONMENTAL ASSESSMENT, Cornell
University, 397 Forest Home Dr, Tax Parcel No. 65. - 1 -5. 2
MOTION made by Harry Ellsworth, seconded by Ron Krantz.
RESOLVED, that this board makes a negative determination of environmental
significance for the reasons stated in the Part 11 Environmental Assessment Form
prepared by Town Staff for the property at 397 Forest Home Drive, the Cornell Plant
Production Facility, Town of Ithaca tax parcel no. 65. - 1 -5. 2.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann.
NAYS: None .
Motion was declared to be carried unanimously.
Mr. Krantz moved to grant the appeal of Cornell University with the conditions that there
be no electric or heat in the buildings , no storage of flammable or hazardous material ,
and fire extinguishers installed in the buildings , and with the findings that it would be an
unnecessary hardship to require sprinklers in the proposed buildings and that the
omission of sprinklers will not endanger human life . Mr. Niefer seconded . Vote —
carried unanimously .
ZB RESOLUTION NO. 2008-060: Sprinkler Variance, Cornell University, 397 Forest
Home Dr, Tax Parcel No. 65. - 1 -5. 2
MOTION made by Ron Krantz, seconded by Jim Niefer.
Page 17 of 18
Zoning Board of Appeals
Minutes of August 18, 2008
Final
RESOLVED, on the appeal of Cornell University, requesting a variance from the
requirements of Chapter 225 of the Town of Ithaca Code to be permitted to install
storage sheds at the Cornell Plant Production Facility, at 397 Forest Home Drive, Town
of Ithaca tax parcel no. 65. 4 -5. 2, this is a low density residential zone .
Conditions :
1 . There is no electricity or heat,
2. The buildings will both just be used for storage and there will be no storage of
any hazardous or flammable material,
3. Fire extinguishers are to be placed as recommended by Cornell's Environmental
Health and Safety and as approved by the Code Enforcement Office .
Findings :
1 . Based on the limited amount of time that people will actually be physically inside
the sheds and the fact there are no ignition sources in the building and the
facilities will store non-combustible items, it would be an unnecessary hardship
for the applicant to install a sprinkler system that meets the Town 's requirement,
and
2. The omission of an approved sprinkler systems from the buildings will not
significantly jeopardize human life for the same reasons.
A vote on the motion resulted as follows:
AYES: Ellsworth, Krantz, Niefer, Mountin, Mann .
NAYS: None .
Motion was declared to be carried unanimously.
Other Business
Ms . Balestra introduced Bruce Bates , Director of Code Enforcement , to the Zoning
Board .
Adjournment
Vic Chairman Ellsworth adjourned the meeting at 9 : 55 p . m .
14
H rry E . Ells ort irperso Carrie Coates VF/ itmore ,
First Deputy Town Clerk
Page 18 of 18
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Dani L. Holford , being duly sworn , depose and say that I am the Town of Ithaca Building and Zoning Senior Typist,
Tompkins County, New York ; that the following notice has been duly posted on the sign board of the Town of Ithaca and that
said notice has been duly published in the local newspaper, The Ithaca Journal .
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in the Town of Ithaca Town Hall,
215 North Tioga Street, Ithaca, New York, on August 18, 2008, commencing at 7 : 00 PM , as per attached.
Location of sign board used for posting : Town Clerk Sign Board — 215 North Tioga Street.
Date of posting : August 8, 2008
Date of publication : August 11 , 2008
Dani L. Holford, Senior Typist, Town of It aca
STATE OF NEW YORK ) SS . :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 8th day of August 2008 .
`
Notary Public
PAULETTE NEILSEN
Wotary Public, State of New lkuk
No. 01 NE6156809
Qualified in Tioga County
Commission Expires December 4„ 20 ,�
3
Gary J . Stewart Assistant Director Cornell University Government & Community Relations
110 Day Hall Ithaca, NY 14853
By depositing same enclosed in a post- paid addressed wrapper, in a post office under the exclusive care
and custody of the United States Post Office Department within the State of New York.
C
Dani L. Holford
;Sworn 4fore me this 8th day of August 2008 .
- Notary Public
;PAULETTE NEILSEN
146* y Public, State of New Yo*
No. 01 NE6156809
Qualified in Tioga County
= '�� ' CotnmisbWn Expires December 4. 90 (Q
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, AUGUST 18, 2008
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, August 18 , 2008 , 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 Center for Jewish Living at Cornell University, Appellant, Rabbi Jason Leib and Dean
Robinson, Agents, requesting sign variances from or an interpretation of the requirements of Chapter 221 of the
Town of Ithaca Code (Town Sign Law) to be permitted to attach lechis (plastic poles) on the side of
approximately 75 NYSEG and Verizon-owned utility poles in the Town of Ithaca. The lechis will denote the
boundary of an ERUV (symbolic fence) , the route of which will include a two mile loop along Pleasant Grove
Road , Forest Home Drive, Caldwell Road , Dryden Road, Pine Tree Road, and Maple Avenue . The Town of
CPQ Ithaca Sign Law prohibits off-premise signs and signs on utility poles. r1cA- a SAy �
APPEAL of Mary Bentley, Owner/Appellant, requesting a variance from the requirements of Chapter 270,
Article VIII, Section 270-60(C) of the Town of Ithaca Code to extend a roof from a recently-converted living
space over an existing deck at a residence located at 100 Vera Circle, Town of Ithaca Tax Parcel No . 28 - 1 -
34 . 42 , Low Density Residential Zone (LDR) . Town Code requires a 40- foot side yard setback for structures
other than garages in the LDR Zone. The appellant received a side yard setback variance from the ZBA on
January 28 , 2008 to convert an attached garage into living space with the condition that "there is %ho further
nonconforming construction within the required 40-foot setback " (the original proposal encroached into the 40-
foot required side yard setback) . The proposed roof extension further encroaches into the required side yard
setback. C Yayl to j
3 APPEAL of the South Hill Business Campus, Owner, Linda Luciano, Appellant, Kristin Gutenberger, Agent,
requesting an interpretation of the requirements of Chapter 271 , Section 271 - 13 of the Town of Ithaca Code to
be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road, Town of Ithaca
Tax Parcel No . 39- 1 - 1 . 2 , Planned Development Zone # 12 (PDZ # 12) . The proposal includes creating offices
and broadcasting studios for the Finger Lakes Radio Group and installing exterior electronic transmission
facilities (antennae) on the south side of the office building. The proposed on-air broadcasting use may be
considered a recording studio , which is an allowable use in PDZ # 12 . It is not clear if the electronic
transmission facilities accessory to the broadcasting uses are permitted . The appellant therefore seeks an
interpretation of the allowable uses in PDZ # 12 by the Zoning Board . Additional variances could be necessary.
T hVer Pre �AbCvN — T -eY m_ k + fI p
APPEAL of John Rancich , Owner/Appellant, requesting an extension of a previously granted Special Approval
from the requirements of Chapter 270 , Section 270-217 , to continue a gravel pit mining operation located on the
north side of NYS Route 79/Mecklenburg Road, approximately 500 feet west of the intersection of West Haven
Road , Town of Ithaca Tax Parcel No . 27 - 1 - 14 . 2 , Agricultural Zone. The previous Special Approval was
granted for a three- year period to coincide with a NYS DEC Mining Permit that was issued . Both the Town of
Ithaca Special Approval and the DEC mining Permit will expire on August 31 , 2008 . The appellant requests an
extension of the Special Approval for an additignal 5 years, to expire on or around August 31 , 2013 .
1i 6ko } ec
Cj APPEAL of Brian Francis, Agent, Hans Wien, Owner, requesting variances from the requirements of Chapter
270, Article VII , Section 270-47 (A) and ( C) and possibly Article XXV, Section 270-205 of the Town of Ithaca
Code to be permitted to replace a dilapidated garage with a new garage on a property located at 913
Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 -2 -7 , Lakefront Residential Zone ( LR) . The
proposed garage will encroach into the required front yard setback and the required side yard setback on the
6Ik � south side of the property.
(p APPEAL of Cornell University Owner/Appellant, Chris Bordlemay, Agent, requesting an extension of a
variance from the requirements of Chapter 225 of the Town of Ithaca Code to be permitted to continue use of an
Arthropod Research Facility, located off of Game Farm Road, Town of Ithaca Tax Parcel No . 64- 1 -2 , Planned
Development Zone #9 without the installation of a Town required sprinkler system . The New York State
Building Code would not otherwise require such an installation . The Zoning Board of Appeals granted a three
year time limited sprinkler variance for the proposal on September 19 , 2005 that will expire on September 19 ,
{, 2008 . The appellant requests an extension of the variance for an additional 3 years, to expire on or around
1 September 19, 2011 . fiomed
APPEAL of Cornell University, Owner/Appellant, Hal Martin, Agent, requesting a variance from the
requirements of Chapter 225 of the Town of Ithaca Code to be permitted to install storage sheds at the Cornell
Plant Production Facility, 397 Forest Home Drive, Town of Ithaca Tax Parcel No . 65 - 1 - 5 . 2 , Low Density
Residential Zone (LDR) without the installation of a Town required sprinkler system . The New York State
Building Code would not otherwise require such an installation .
(irav ek
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 hearings .
Jonathan Kanter, AICP
Director of Planning
607 -273 - 1747
Dated : August 8 , 2008
Published : August 11 , 2008
TOWN OF ITHACA
ZONING BOARD OF APPEALS
SIGN - IN SHEET
DATE : August 18 , 2008
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION
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Tuesday, August 12, 2008 THE ITHACA JOURNAL
TOWN OF ITHACA
ZONING BOARD OF
I . APPEALS
NOTICE OF PUBLIC 1
HEARINGS-•
MONDAY.��, -- — -- - —
ALIGUSTA 8, 200. 8; from • the ZBA 'on January Article XXV; Section 27 .1,
7:00 P:fl1 28, 2008 to convert an at- 205 of the Town of Ithaca i
By direction/,of. the�Cha\> tacked garage into living Code to be permitted to ret
man of the Zoning Boar :. i ace with the condition place a dilapidated ' g r
of Apppe' NOTICE ISt ,nc t "there is no further rage with a new garag
HEREBY-GIVEN that Public , � nconforming construc- on a rape rty located aG
�I;fearings will be held by ' tion��itG the required 40- 913 aughannock Boule#
ifh'e Zoning Board of Ap-ii foot-setback" (the original vard, Town of Ithaca Taxj '
(peals of the Town of Ithaca sl proposal encroached into Parcel . No. 25-2-7�t
Ion Mond a , August 18, the 40-foot required side Lakefront Residential Zone j
'2008 in Tyown Hall, 215 yard setback). The pro- (LRI. The proposed garage
North Tiogo Street, Tioga . posed roof extension . fur- will encroach into the r I
,Street Entrance, Ithaca, ther encroaches into the re- quired front yard setbocki
JNY, COMMENCING AT ' quired side yard setback. and the required side yard t
447:00 P:M., on the 'follow- APPEAL of the South Hill setback on the south side
ling matters: Business Campus, Owner, of the pro, e j.
APPEAL of the Center Linda Luciano, Appellant, APPEAL o Cornell ' Unfti
lfor Jewish .Living at Cornell Kristin Gutenberger, versify Owner/Appellant,{
' University, . Appellant, Rab- , Agent, requesting an inter- Chris Bardlemay, Agent,'}.
fbi Jason Leib and Dean '! pretation of the require- requesting an extension off
(Robinson, Agents, request-, mems of Chapter 271 , a variance from the re.
mg sign. variances from ort Section 271 -13 of the quirements of Chapter 225�� I
an interpretation of the re-'i Town of Ithaca Code to be of the Town of Ithaca .
quirements of Chapter 221 i, permitted to renovate a Code to be permitted to
lof the Town- ' of Ithaca { suite in the South Hill Busi- continue use of an Arthro
Code (town Sign Law) to t ness Campus located at pod Research Facility, 11
bepermitted to attach 950 Danby Road, Town of cated off of Game Formj
ilechis Mastic poles) on the, , Ithaca Tax Parcel No. 39- Road, Town of Ithaca Taxi
side ', , 1 -1 .2, Planned Develop- Parcel No. 64-1 -2, Plan
NYSEG . and Verizon- ment ' Zone # 12 (PDZ ned Development Zone #9'
owned utility poles in the # 12). The proposal in- without the installation of d';
Town of Ithaca. The lechis cludes creating offices and Townrequired sprinkle's,
will denote the boundary . broadcasting studios for system. The New York
t
of an , ERUV (symbolic the Finger, Lakes Radio State Building Code would; !
fence), the route of 'which ' i Group and installing exte- not otherwise require- sucht
1 will , include a two mile; I rior electronic transmission an installation. The Zon;
loop along Pleasant, Grove facilities (antennae) on the ing Board -of • Appeals; '
Road, Forest Home Drive, '' south side of. the office granted a three year time; I
Caldwell Road, :Dryden ibuilding:' ' The proposed limited . sprinkler variance!
' Road, Pine -Tree Road, and on-air broadcasting use for the proposal on - Sepal
IMaple Avenue. -The Town may be considered a re- tember 191 2005 that will ;
tof Ithaca Sign law prohib- cording studio,'which is an expire on Septemkier 19,. ,
its off-premise signs and allowable use in PDZ # 12., 2008. The appellant re'-'
signs on utilityoles. It is not clear if the elec- quests an extension of the; j
APPEAL 'ofpMary Bent- ' ironic transmission facilities variance for an additional`.
ley, Owner/Appellant, 're- accessory to the broad- 3 years, to . expire on or
nesting : a variance from casting uses are permitted. around September 19,; '
the regwrements of Chap- The appellant therefore , 201 1 .
ter 270 Article VIII Sec-1 seeks an interpretation of APPEAL of Cornell Um- i
tion 270-60(CI of the I the allowable uses in PDZ versity, Owner/Appellant]
Town of Ithaca Lode to ex- i # 12 by the Zoning Board. Hal Martin, Agent, request-) ,
j tend a roof from a Additional variances could ing.a variance from the re;,
1 recently-converted living be necessary. quirements of Chapter 2252
is ace over an existing t APPEAL of John of the Town of ' Ithaca;
Teck at a, residence locat- Rancich, Owner/ Appel- Code to be permitted to inj
ed at 100 Vera Circle, l lant, requesting an exten- stall' stora a sheds at the{
Town of Ithaca Tax Parcel sion of a previously grant- Cornell Pant Production
No. 28-1 -34.42, Low Den- ed Special Approval from Facility, 397 Forest Hamel
i sity Residential Zone (LDRI. ' the requirements of Chap- Drive, . Town of Ithaca Tax"
• Town Code requires. a 40 ter 270, Section 270-217, Parcel No. 65- 1 -5.200 Lowt
foot side yard setback for to continue a gravel pit Density Residential Zone
structures other than go I mining operation located (LDR) without the installa-
rages in the LDR Zone. j on• the north side of NYS tion of a Town required}
The appellant received a • ` Route :79/Mecklenburg sprinkler system. The Newt
side yard setback variance Road, approximately 500 York State Building Code,,
feet-west of the intersection would . not otherwise re-'
of . West' Haven Road, quire such an installation . i
Town of Ithaca Tax Parcel ' II
No. 27-.1 -14.2, Agricultur- Said Zoning Board of?
al Zone. . The previous Appeals will at said -timel
Special Approval was 7:00 p.m., and il
granted for a three-year place, hear all persons int ,
period to coincide with a support of such matters orj
NYS DEC Mining • Permit objections thereto. Pert/ I
that was issued. Both the sons may appear by agent;
Town of Ithaca Special Ap- or -in 'person. Individual3
proval and the DEC min- . with visual or hearing) '
ing Permit will expire ' on impairments or other spel�,
August 31 , 2008. The ap- tial needs, asappropriate,
pellant requests an exten- will be providedd with assis -
J sion of the Special ApPro- tante, as necessary uporik '
vol for an additional. 5 request. Persons desiring
years, to expire on or assistance must make. such
j around Auggust 31 , 2013 : a request not less than, 48J
•APPEAL .of ' Bnan Fran- hours prior to the time of
cis, Agent, Hans Wien, the public hearings.
Owner; requesting Special Jonathan Kanter, AICP j
Approval_ and/or vanan= r Directoof Planning ;
des from the requirements 607-273 1747);
ll of Chapter 270 Article Dated: August 8, 2008 ,
lVlj, Section 270-47(A) - and Published: V
, (C) and (E), and possibly August 12, 2008
Monday, August 11, 2008 THE ITHACA JOURNAL
l TOWN OF ITHACA +
ZONING BOARD OF APPEAL of Mary Bent-:
APPEALS ley, Owner/Appellant, re-
NOTICE OF PUBLICqquesting a variance fromi --`
HEARINGS the requirements of Chap-' period to coincide with a
MONDAY, ter 270 Article VIII Sec NYS DEC Mining Permit j
AUGUST 18, 2008 tion 270-60(Q of thel . that was issued. Both the i
7:00 P.M. Town of Ithaca Code to ex-I Town of Ithaca Special Ap-
By. direction of the Chair- tend a roof from a 'rovaI and the DEC min-
man of the Zoning Board recently-converted hiving in Permit will expire on
of Apppeals NOTICE I5 space over an existing Auggust 31 , 2008. The ap-
HEREBY GIVEN that Public deck at a residence locat- pehant requests an exten--
Hearings will be held by ed at 100 Vera Circle, Sion of_ the Special Appro-. ,
the Zoning Board of Ap- Town of Ithaca Tax Parcel val for an additional, 5 I
peals of the Town of Ithaca No. 28.1 -34.42 , Low Den- years, to expire on or,,'
on Monday, August 18„ )sity Residential Zone (LDR . around August 31 , 2013 .
2008, in town FTall, 215 Town Code requires a 40- APPEAL of Brian Fran-
2008,
a Street, Ti a foot side .yard setback for cis, Agent, Hans Wien,
orth09 09 structures other than ga- Owner, requesting varian - - —
Street Entrance, Ithaca, rages in the LDR Zone. ces from the requirements APPEAL of Cornell Uni- ,
NY, COMMENCING AT The appellant received a of Chapter 270 Article versify, Owner/Appellant,
7:00 P.M. on the follow- side yard setback variance VII Section 27047(A) and Hal Martin, Agent, request
ing matters: from the ZBA on January (C) and possibly Article i ing a variance from the re-
t APPEAL of the Center 28, 2008 to convert an at- XXV, Section 270-205 of� quirements of Chapter 225
ifor Jewish Living at Cornell tached garage into living the Town of Ithaca Code I of the Town of Ithaca k
University, Appellant, Rab-' space with the condition to be permitted ' to replace , Code to be permitted to in- I
bi Jason 'Leib and Dean . that "there is no further a dilapidated garage with stall storage sheds at the
Robinson, Agents, request- nonconforming construe- anew garage on a prop- Cornell Plant Production
ing sign variances from ,ori Ition within the required 40- erty . located at 913 Facility, 397 Forest Home
an interpretation of the re- j foot setback" (the original Taughannock Boulevard, Drive, Town. of Ithaca Tax
quirements of Chapter 221 Parcel No. 65-1 -5.2, Low
p proposal encroached in Town of Ithaca Tax Parcel
of the Town of Ithaca the 40foot re uired side No. 25-2-7, lakefront Resi- ' Density Residential Zone
bode gown
Sign Lattach to Yard setback) . q The pro- I Idential Zone (LR) . The pro- ItionR) of withoutthe
required
P posed roof extension fur- posed garage will en- is 9
ledcheisoVlapproximately
asti poles)el n 75I ther encroaches into the re- croach into the required I IY r'kkler system.
The
New
PP Y quired side yard setback. front yard setback and the 1 or g '
cle
NYSEG and Verizon- APPEAL of the South Hill required side yard setback ' mould not otherwise re-
owned utility poles in the Business Campus, Owner, on • the south side of the ; ! quire such an installation.
Town of Ithaca. The lechis Linda Luciano, Appellant, property.
will denote the bounds b P Said Zoning Board of ,
ry . Kristin Guten er ,er, A PAL of Cornell Uni- 9
� of 1n ERUV (symbolic A Agent, requesting an inter- versify Owner/Appellant, Appeals will at said time, ;
fence , the route of which ) pretation of there- require- Chris Bordlemay, Agent, 7:00 p.m., and said
( will include a two mile requesting lace, hear all ersais in
ments of Chapter 71 ; re uestin an extension of iP P
loop along Pleasant Grove Section 271 -13 of the a variance from the re- support of such matters or ,
Road, Forest Home Drive, Town of Ithaca Code to be l quirements of Chapter 225 objections thereto. Per-
Caldwell Road, Dryden sons may a ear b agent l
rY permitted to renovate a of the Town o Ithaca Y PP Y - 9
Road, Pine Tree Road, and suite in the South Hill Busi- i .Code to be permitted to or in person. Individuals
Maple Avenue.The Town1ness Campus located at [ continue use of an Arthro- with visual or hearing
lof Ithaca Sign Law prohib- 950 Danby Road, Town of pod Research Facility, lo- impairments or other spe
its off-premise signs andl Ithaca , Tax Parcel No. 39- j cated off of Game Farm tial needs, as appropriate,
( signs on utility-poles.. -- J # 11 .2 TheproDevelop- Road, :Town of. Ithaca Tax I will be provided with assis-
ment Zone # 12 PDZ Parcel No. 64-1 -2, Plan- i tante, as necessary, upon
P ( ned Development Zone #9 I request. Persons desiring
eludes creating offices and without the installation of a ossistance must make such
broadcasting studios for Town required sprinkler i I a request not less than 48
the Finger Lakes Radiosystem. The New York ' ! hours prior to the time of
Group and installing exte- State Building Code would the public hearings.
rior electronic transmission not otherwise require such Jonathan Kanter, AICP
facilities (antennae) on the an installation. The Zon- Director of Planning
south side of the office ing Board of Appeals �, ' 607-273-
building. .
07-273-building. . The proposed granted a three year time i Dated: August 8, 2008
on-air broadcasting use limited, sprinkler variance Published:
may be considered a re- for the proposal on Sep- August 11 , 2008
cording studio, which is an tember 19, 1005 that will J
allowable use in PDZ # 12 . expire on September 19,
It is not clear if the elec- 2008. The appellant re-
tronic transmission facilities quests an. exlension . of the
accessory to the broad. variance for 'an additional
casting uses are permitted. 3 years, to expire on or
The appellant therefore ) around September ^19
seeks an interpretation of
the allowable uses in PDZ
# 12 by the Zoning Board.
Additional variances could
be necessary.
APPEAL of John
Rancich, Owner/ Appel-
lant, requesting on exten.
sion of a previously grant-
ed Special Approval from ;
the requirements of Chap S
ter -270, Section 270-217,
to continue a gravel pit
mining operation located E
on the notth side of NYS
Route 79/Mecklenburg
Road, approximately 500
feet west of the intersection
of West Haven Road,
Town of Ithaca Tax Parcel
No. 27-1 -14.2, Agricultur-
al Zone. The previous
Special Approval was
granted for a three yearn