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HomeMy WebLinkAboutZBA Minutes 2009-02-23 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, FEBRUARY 23, 2009 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, February 23 , 2009 , 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 Cayuga Medical Center, Owner/Appellant; Louis J. LoVecchio, Agent, requesting variances from the requirements of Chapter 221 , Sections 221 -4 (A)(2) and (9), 221 -6 B(2)(b), 221 -7 C( 1 ), 221 -7 C(4) and any other applicable sections of the Town of Ithaca Sign Law, to be permitted to maintain an existing off-premise sign and a second free standing sign at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No. 24. -3 -2 . 1 , Office Park Commercial Zone (OPC) . (i (an+eJ 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. ® Bruce W. Bates Director of Code Enforcement and Zoning 607-273 - 1747 Dated: February 13 , 2009 Published: February 16, 2009 0 60OZ 19 l . 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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 February 23, 2009, 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 : February 13, 2009 Date of publication : February 16, 2009 (3� Sandra Polce, Senior Typist, Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 1.6th day of February 2009 . Notary Public CONNIE F. CLARK Notary Public , State of New York No . 01CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK) SS . : COUNTY OF TOMPKINS ) I, Sandra Polce, being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides at 4573 E . Seneca Road, Trumansburg, NY 14886 . That the 13th day of February, 2009 , deponent served the within Notice upon : 101 Harris B. Dates Drive — Cayuga Medical Center : Cayuga Medical Center Accts Payable 101 Harris B . Dates Drive Ithaca, NY 14850 Cayuga Professional Center LLC 323 N . Tioga Street Ithaca, NY 14850 Cornell University Real Estate Dept . Box DH, 15 Thornwood Drive Ithaca, NY 14853 County of Tompkins DPW Buildings & Grounds 170 Bostwick Road Ithaca, NY 14850 John & Katherine Finn 132 Indian Creek Road Ithaca, NY 14850 Future PRI, LLC c/o Daniel Shulman 250 S . Clinton Street, Suite 502 Syracuse, NY 13202 Theresa Gangl 140 Indian Creek Road Ithaca, NY 14850 Sophia Gluck 152 Indian Creek Road Ithaca, NY 14850 John & Nancy Gould 102 Happy Lane Ithaca, NY 14850 Salvatore & Rosalind Grippi 9 Orchard Hill Road Ithaca, NY 14850 Gerald & Patricia Hall 1307 Trumansburg Road Ithaca, NY 14850 Dorothy Hillyard 138 Indian Creek Road Ithaca, NY 14850 Holochuck Homes LLC 7 Brightside Avenue East Northport, NY 11731 John & Anne Krupa 156 Indian Creek Road Ithaca, NY 14850 Song Ja Kyong 220 Highgate Road Ithaca, NY 14850 Roy Luft & Nancy Emerson 1317 Trumansburg Road Ithaca, NY 14850 Edward McArdle 1600 East Main , Suite B St. Charles , IL 60174 NYS Electric & Gas Corp Attn : Utility Shared Services 70 Farm View Drive Freeport New Gloucester, ME 04260 Overlook at West Hill Housing Dev Fund Corp 31 -87 Steinway Street, Suite 4 Astoria, NY 11103 Paleontological Research Institute 1259 Trumansburg Road Ithaca, NY 14850 Carol Theobald P. O . Box 450 Ely, MN 55731 West Hill Cemetery Assoc . Attn : Kris Alling 111 Woolf Lane Ithaca, NY 14850 Wayne & Shirley Woodward 169 Blakeslee Hill Road Newfield, NY 14867 Cayuga Medical Center Louis J . LoVecchio, Asst . Vice President 101 Harris B . Dates Drive Ithaca, NY 14850 Affidavit of Service by Mail Zoning Board of Appeals Meeting 2/23/09 Edward C . Marx , Commissioner Tompkins County Departments of Planning and Public Works 121 E. Court Street Ithaca, NY' 14850 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. Sandra Polce Sworn to before me this 13th day of February 2009 . Notary Public CONNIE F CLARK Notary Public , State of New York No . 01 CL6052878 Qualified in Tompkins County Commission Expires December 26 , 20 - - ti 2 DA'LTE 37 aZoning Board of Appeals 215 North Tioga Street, Ithaca , NY 14850 Monday, February 23 , 2009 7 : 00 PM Present Board Members : Kirk Sigel (Chairperson ) , Harry Ellsworth , Ron Krantz , David Mountin . Staff Members : Carrie Coates Whitmore , First Deputy Town Clerk ; Susan Brock , Attorney for the Town ; Bruce Bates , Director of Code Enforcement . Excused James Niefer, Susan Mann ( alternate) . Others Lou LoVecchio , Paul Levesque . Call to Order Chairperson Sigel called the meeting to order at 7 : 10 p . m . He welcomed everyone to the February meeting of the Town of Ithaca Zoning Board of Appeals and announced there was one appeal before the board . APPEAL of the Cayuga Medical Center, Owner/Appellant , Louis J . LoVecchio, Agent, requesting variances from the requirements of Chapter 221 , Sections 221 - ® 4 (A)(2) and (9) , 221 =6 B(2 )(b) , 221 =7 C( 1 ) 9 221 =7 C(4) and any other applicable sections of the Town of Ithaca Sign Law, to be permitted to maintain an existing off-premise sign and a second free standing sign at 101 Harris B . Dates Drive , Town of Ithaca Tax Parcel No . 24 . -3-2 . 1 , Office Park Commercial Zone (OPC;I . Lou LoVecchio and Paul Levesque appeared before the Board and Chairperson Sigel asked if they wanted to add anything to their packet information . The applicants did not have anything to add . Chairperson Sigel noted that the cover letter to the Board says that the sign by Trumansburg Road may be off- premise . He asked staff for an opinion on the sign „ Mr. Bates referenced a 1994 agreement between the Town , Tompkins County Hospital and Tompkins County granting an easement to the hospital allowing the sign to be on Town property . Chairperson Sigel stated that the Zoning Board needs to grant a variance for the sign even though there is an agreement for the sign . Chairperson Sigel did not think anyone wanted to deny the hospital signs , but the main task was figuring out exactly what variances were needed . He then reviewed sign aspects that needed variances . Attorney Brock added that the signs might need another variance because there is a requirement that signs be placed no closer than 15 feet from the edge of pavement . The Code did not include further language defining "pavement" . Attorney Brock stated that the Board needed to decide what it means „ ® Chairperson Sigel thought the narrowest interpretation of pavement would mean road surface . Zoning Board of Appeals February 23 , 2009 Minutes Final Board Member Ellsworth thought that the hospital was a special case . He did not consider the signs normal signs because people following the signs "are looking to come in for landing in a hurry" . It prevents people from hunting around for an entrance -- especially at night . He felt that the Sign Law did not include sufficient language to make an exception of the hospital . Chairperson Sigel agreed and thought that the Sign Law needed improvements in many areas . Chairperson Sigel asked if the current interior sign included reflective material and why it was needed . Mr. LoVecchio explained that the reflective lettering helps people see the sign when their headlights washout the sign lettering . Chairperson Sigel opened the public hearing at 7 : 26 p . m . and noted that there was no one present to address the board . He closed the public hearing at 7 : 26 p . m . He 'then moved to make a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town staff . Board Member Krantz seconded . Vote—carried unanimously . ZB RESOLUTION NO. 2009-004: ENVIRONMENTAL ASSESSMENT, Cayuga Medical Center, Sign Variances, 101 Harris B. Dates Dr, Tax Parcel No. 24. -3-2. 1 MOTION made by Kirk Sigel, seconded by Ron Krantz. RESOLVED that this Board makes a negative determination of environmental significance in regard to the appeal of Cayuga Medical Center, for the reasons stated in the Short Environmental Assessment Form, Part 11 prepared by Town Staff. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Mountin, Krantz. NAYS: None. Motion was carried unanimously. Chairperson Sigel then moved to grant the appeal with conditions on sign square footage and configuration , and finding that all requirements of a variance had been met , specifically listing how each criterion was met . The Board then discussed the term "edge of pavement" . Chairperson Sigel asked the Board for their opinion and noted that the Code requires a freestanding sign to be 15 feet from pavement . He asked if they thought it meant a Town , County or State road , or any pavement including a driveway . Board Member Ellsworth and Board Member Krantz interpreted it as meaning any pavement . Attorney Brock stated that the Board ® may only need to grant the variance under Section 222 -7 (C )4 for a sign to be closer than 15 feet from the edge of the pavement for sign A because it is within 15 feet of Harris B . Dates Dr. She did not think that variance needed to be granted for sign B Pagfl 2 of 5 Zoning Board of Appeals February 23 , 2009 Minutes Final ® because it was on a private drive if the Board determined the term pavement to mean a pubic road . Board Member Mountin thought the term should only apply to public roads . Chairperson Sigel agreed with Board Member Krantz and Board Member Ellsworth . He thought pavement was a loose term and the motivation was to keep signage away from even an internal drive . He noted that internal drives on commercial lots are used as roads . Board Member Mountin asked if the Sign Law also applied to residential districts ; he did not have a concern if the regulations only applied to commercial or industrial districts . Attorney Brock read the Sign Law requirements in residential district and noted that the language was different . She then suggested further findings regarding sign location with respect to pavement and the determination of one freestanding non -exempt sign . Chairperson Sigel added a final finding regarding the necessity of reflective material on sign B . Board Member Ellsworth seconded the motion . Vote—carried unanimously. ZB RESOLUTION NO. 2009=005: Sign Variances, Cayu_ga Medical Center, 101 Harris B. Dates Dr, Tax Parcel No. 24. =3-2. 1 MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED, that this board grants the appeal of Cayuga Medical Center, requesting variances from the requirements of Chapter 221 , Sections 221 -4 (A) (2), 221 -4 (A) (9), 221 - 7(C) ( 1), and 221 - 7(C) (4) to be permitted to maintain an existing off premise sign and a second freestanding sign at 101 Harris B. Dates Dr, Town of Ithaca tax parcel number 24. -3-2. 1 , Office Park Commercial Zone, with the following: Conditions: 1 . That the sign near Route 96 be no greater than 95 square feet, 2. That the interior sign, labeled "sign B " on the Zoning Board's documents, be no greater than 40 square feet and be constructed as indicated on the plans submitted by the applicant, and 3. That "sign A " remain in its current location, current size, and current general configuration meaning the method of lighting, type of lettering, and general appearance. Findings: That the benefit the applicant wishes to achieve does outweigh any detriment to the healthy, safety, and welfare of the community. Specifically: Page of 5 Zoning Board of Appeals February 23 , 2009 Minutes Final 1 . That the benefit cannot be achieved by any other means feasible given that a hospital must be well labeled with effective signage at the highway and effective signage within the facility to direct people to the appropriate department, 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the sign by the highway has existed for many years without a problem and that there has been a sign similar to the proposed sign B within the facility, which has not caused a problem, 3. That while the request is substantial, nearly double the size allowed, but never-the-less it is justified by the applicant's use, 4. That there will not be any adverse physical or environmental effects, 5. That the alleged difficulty is self-created by the nature of the applicant being a hospital, but never-the-less the benefit to the applicant does outweigh any detriment to the health, safety, and welfare, 6. That the Board finds that sign A is an off-premises sign, that it is located on Town of Ithaca property pursuant to an easement agreement executed with the Town, 7. That because the signs are located within 15 feet of the edge of the pavement of Harris B. Dates Drive and the private hospital drive, both signs A and B need and receive the variance pursuant Town Code Section 221 - 7(C) (4 ), 8. That because the sign located by Trumansburg Road is off-premises, this Board finds that there is only one freestanding non -exempt sign on the hospital premises so there is no need to grant the variance pursuant Section 221 -6(B) (2) (b), and 9. That the reflective material on sign B is necessary for safe navigation of the hospital grounds and that it is a matter of public safety that the public be able to quickly locate the emergency department and other appropriate entrances at night. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Mountin, Krantz. NAYS: None. Motion was carried unanimously. Page 4 of 5 Zoning Board of Appeals February 23 , 2009 Minutes Final Attorney Brock suggested Zoning Board members send their comments regarding the Sign Law to the Town because the Codes and Ordinances Committee was looking at revising the law . Adjournment With no further business , Chairperson Sigel adjourned the meeting at 7 : 39 p . m . Kirk Sigel , Chai person Carrie Coates hitmore , First Deputy Town Clerk Page 5 of 5 FILE 13 DATE 1 % . ADOPTED RESOLUTION ZB RESOLUTION NO . 2009=004 ENVIRONMENTAL ASSESSMENT Cayuga Medical Center Sign Variances 101 Harris B . Dates Dr Tax Parcel No . 24.=3-2 . 1 February 23 , 2009 MOTION made by Kirk Sigel , seconded by Ron Krantz . RESOLVED that this Board makes a negative determination of environmental significance in regard to the appeal of Cayuga Medical Center, for the reasons stated in the Short Environmental Assessment Form , Part II prepared by Town Staff . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Mountin , Krantz , NAYS : None . Motion was carried unanimously . ® STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA : I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 23rd day of February 2009 . (' First Deput Tav�un Clerk Town of Ithaca FILES ?j DATE ADOPTED RESOLUTION ZB RESOLUTION NO . 2009-005 Sign Variances Cayuga Medical Center 101 Harris B . Dates Dr Tax Parcel No . 24. =3 -2 . 1 February 23 , 2009 MOTION made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED , that this board grants the appeal of Cayuga Medical Center, requesting variances from the requirements of Chapter 221 , Sections 221 -4 (A) (2 ) , 221 -4 (A) (9) , 221 -7 (C) ( 1 ) , and 221 -7 ( C ) (4) to be permitted to maintain an existing off premise sign and a second freestanding sign at 101 Harris B . Dates Dr, Town of Ithaca tax parcel number 24 . -3-2 . 1 , Office Park Commercial Zone , with the following : Conditions : 1 . That the sign near Route 96 be no greater than 95 square feet , 2 . That the interior sign , labeled "sign B" on the Zoning Board 's documents , be no greater than 40 square feet and be constructed as indicated on the plans submitted by the applicant , and 3 . That "sign A" remain in its current location , current size , and current general configuration meaning the method of lighting , type of lettering , and general appearance . Findings : That the benefit the applicant wishes to achieve does outweigh any detriment to the healthy , safety , and welfare of the community . Specifically : 1 . That the benefit cannot be achieved by any other means feasible given that a hospital must be well labeled with effective signage at the highway and effective signage within the facility to direct people to the appropriate department , 2 . That there will not be an undesirable change in the neighborhood character or to nearby properties given that the sign by the highway has existed for many years without a problem and that there has been a sign similar to the proposed sign B within the facility , which has not caused a problem , 3 . That while the request is substantial , nearly double the size allowed , but never-the - less it is justified by the applicant' s use , 4 . That there will not be any adverse physical or environmental effects , ZB RESOLUTION NO . 2009-005 PAGE 2 5 . That the alleged difficulty is self-created by the nature of the applicant being a hospital , but never-the - less the benefit to the applicant does outweigh any detriment to the health , safety , and welfare , 6 . That the Board finds that sign A is an off- premises sign , that it is located on Town of Ithaca property pursuant to an easement agreement executed with the Town , 7 . That because the signs are located within 15 feet of the edge of the pavement of Harris B . Dates Drive and the private hospital drive , both signs A and B need and receive the variance pursuant Town Code Section 221 - 7 (C ) (4) , 8 . That because the sign located by Trumansburg Road is off-premises , this Board finds that there is only one freestanding non -exempt sign on the hospital premises so there is no need to grant the variance pursuant Section 221 -6 ( B) (2 ) ( b) , and 9 . That the reflective material on sign B is necessary for safe navigation of the hospital grounds and that it is a matter of public safety that the public be able to quickly locate the emergency department and other appropriate entrances at night . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Mountin , Krantz . NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 23rd day of February 2009 . �ldjjlj First Deputy Town Clerk Town of Ithaca is