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Home My WebLink AboutZBA Minutes 2021-02-09 Town of Ithaca Zoning Board of Appeals Tuesday, February 9, 2021 @ 6:00pm 215 N. Tioga St. Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor’s Executive Order 202.1, this meeting will be held by video conferencing through the Zoom app. The public will have an opportunity to see and hear the meeting live and provide comments. AGENDA 0011-2020 Appeal of Richard Cacciotti, owner of 227 Dubois Road, Tax Parcel No. 22.-2-1.4 1783 ext. 2. Marty Moseley Director of Code Enforcement INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet or smart-phone, you can access the Zoom meeting by going to www.zoom.us and clicking on “JOIN MEETING”, and entering 944-393-1973 into Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to https://zoom.us/j/9443931973 On the evening of 02/09/2021, at 5 minutes before 6:00pm, join in with your computer, smart-phone or telephone. You will be placed on hold until the meeting starts. Questions about accessing the Zoom video conference should be emailed to ctorres@town.ithaca.ny.us or 273- ZBA 2021-02-09 Pg. 1 Town of Ithaca Zoning Board of Appeals Tuesday February 9, 2021 Meeting held via ZOOM platform due to COVID -19 Executive Orders for Safety Present: Rob Rosen, Chair; Members Christine Jung, George Vignaux, Bill King, David Squires; Alternates David Filiberto and David Williams; Marty Mosely, Codes; Paulette Rosa, Town Clerk; Susan Brock, Attorney for the Town Mr. Rosen called the meeting to order at 6:00 p.m. Mr. Mosely noted that the first item on the agenda has been pulled; the applicant has asked for a delay to prepare additional materials. 0011-2020 Appeal of Richard Cacciotti, owner, 227 Dubois Road, Tax Parcel 22.-2-1.4, Low Density Residential Zone, seeking relief from Town of Ithaca Code section, 270-60F (Garages) for a proposal to construct a one story (24’ x 32’) 768’ square foot garage and to construct a one story (20’x30’) 600’ square foot accessory structure. Town of Ithaca Code section 270-60F limits a garage to a maximum size of 600’ square feet, where the proposal is to construct a one-story garage approximately 768’ square feet. Town of Ithaca Code section 270-58C limits lots of three (3) acres or more to up to three (3) accessory buildings totaling not more than two thousand (2,000) square feet in area, where the proposal is to build an additional accessory building of approximately 600’ square feet which when added to the size of an existing old barn measuring 3,584’ square feet would total 4,184’ square feet in aggregate, exceeding the maximum allowed square footage. Mr. Rosen noted that this is a redesign and submission from the adjourned appeal last month where the applicant was requesting a two-story, single structure to serve as both a garage and woodshop. Mr. Cacciotti stated that he thought about the comments from last month and decided to separate out the structures for the two uses he needed. His goal is still to have the two uses and the structures to meet those needs. Mr. Vignaux started the conversation by saying that in his mind, the existing historic barn should not count in the aggregate total under consideration because it is very old and serves only an aesthetic purpose. Mr. Squires agreed, adding that the barn is on the opposite side of the lot under consideration for the garage and accessory structure and has been there for decades. The proposed accessory structure for the purported use as a woodshop will also be shielded by the proposed garage so the impact is negligible. ZBA 2021-02-09 Pg. 2 Mr. Rosen stated that he agreed and appreciated that the applicant is preserving the historic barn and not considering taking it apart to allow for what he currently needs. He added that it doesn’t seem sound for animals and is more scenic and historic than functional and shouldn’t be held against the proposal, but rather used as a positive in preserving the character of the neighborhood since it has been there for generations. Mr. King also agreed, stating that Mr. Cacciotti has put together a compelling case for why this is a unique situation with the barn being there before everything else and its condition and should be excluded in considering the magnitude of the request in the percentage of square footage. Mr. Filiberto also agreed, saying that once again, there are no comments from the public or neighbors against the proposal and he sees no issues with the request. Ms. Jung stated that the barn is a unique structure and has value in remaining and should be independent of any calculations of useful structures. She added that she like the adjustments made to the proposal. Mr. Rosen stated that the Board agrees that the barn is a unique, preexisting structure and should not be held against the aggregate square footage of useful structures and turned to the size of the proposed structures. Mr. Rosen stated that he thinks 600’ square feet is small for a 2-car garage. Mr. King noted that the lot is a lot bigger than the minimum required. Discussion followed and it was noted that the applicant owns a land-locked contiguous parcel of 10 acres and his lot is 4 acres where the minimum is three-quarters of an acre. The Board thought this was a mitigating circumstance and the argument can be made that more equipment is needed to care for a lot of that size. The Board agreed that the proposal fits in the character of the neighborhood and turned to the resolution. SEQR is not required; Type 2 residential accessory structure(s). ZBA Resolution 0011-2020 Area Variance 227 Dubois Rd TP 22.-2-1.4 LDR Resolved that this board grants the appeal of Richard Cacciotti, owner, 227 Dubois Road, Tax Parcel 22.-2-1.4, Low Density Residential Zone, seeking relief from Town of Ithaca Code section, 270-60F (Garages) for a proposal to construct a one story (24’ x 32’) 768’ square foot garage and to construct a one story (20’x30’) 600’ square foot accessory structure. Town of Ithaca Code section 270-60F limits a garage to a maximum size of 600’ square feet, where the proposal is to construct a one-story garage approximately 768’ square feet. Town of Ithaca Code ZBA 2021-02-09 Pg. 3 section 270-58C limits lots of three (3) acres or more to up to three (3) accessory buildings totaling not more than two thousand (2,000) square feet in area, where the proposal is to build an additional accessory building of approximately 600’ square feet which when added to the size of an existing old barn measuring 3,584’ square feet would total 4,184’ square feet in aggregate, exceeding the maximum allowed square footage, with the following Conditions 1. That the structures be built substantially as shown in the materials supplied to the Board for the February 9, 2021 meeting, and with the following: Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible, given the extenuating circumstance of the presence of a pre-existing, 3,500 sq ft 100+ year-old barn on the property which itself is over the aggregate permitted. The Board agreed that this is an extenuating and mitigating factor and did not consider the barn in the calculations for the request, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that a. the view from the public roadway is of the smallest side of the garage making it appear smaller; the wood shop is beyond and slightly lower elevation from the garage which shields its view from the road, and b. there are other garages and shops in the neighborhood of similar size and number, and c. the lot is more than 6 times the minimum required in the zone and abuts a larger landlocked parcel owned by the applicant, and d. that the historical barn is and has been a fixture in the neighborhood for generations and is part of the character of the area. It would be an undesirable change if it were necessary to remove the barn to meet the needs of having a garage and wood shop on the property, and 3. That the request is substantial; and 4. The request will not have adverse physical or environmental effects as evidenced by no SEQR required; and 5. That while the alleged difficulty is self-created in that the applicant wishes to have the two structures, the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. Moved: Rob Rosen Seconded: George Vignaux Vote: ayes - Rosen, Vignaux, ICing, Jung and Squires Meeting was adjourned at 6:50p.m. Submifteh b: Paulette Rosa, Town Clerk ZBA 2021-02-09 Pg.4 You are receiving this notice because you live within 500 feet of a property requesting a variance from the Town Code. Comments can be made during the meeting, or in writing via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us All comments become part of the official record. Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday, February 09, 2021 at 6:00 p.m. 215 N. Tioga St. Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor’s Executive Order 202.1, this meeting will be held by video conferencing through the Zoom App. The public will have an opportunity to see and hear the meeting live and provide comments. INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet or smart-phone, you can access the Zoom meeting by going to www.zoom.us and clicking on “Join a Meeting”, and entering 944-393-1973 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929 436 2866). 0011-2020 Appeal of Richard Cacciotti, owner of 227 Dubois Road, Tax Parcel No. 22.-2-1.4, is seeking relief from Town of Ithaca Code section, 270-60F (Garages) for a proposal to construct a one story (24’ x 32’) 768 square foot garage and to construct a one story (20’x30’) 600 square foot accessory structure. Town of Ithaca Code section 270-60F limits a garage to a maximum size of 600 square feet in size, where the current proposal is requesting to allow for a one-story garage totaling, approximately, 768 square feet to be constructed. Town of Ithaca Code section 270-58C limits lots of three (3) acres or more to have a up to three (3) accessory buildings totaling not more than two thousand (2,000) square feet in area, where the current proposal would have a total of two (2) accessory buildings totaling 4,184 square feet that includes an existing barn of 3,584 square feet and the proposed accessory structure of 600 square feet. The current property is located in the Low Density Residential Zone. Marty Moseley Director of Code Enforcement TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I, Christopher Torres, being duly sworn, depose and state, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 29'*^ day of February 2021, deponent served the within Notice upon the property owners within 500 ft. of the property identified below, for an appeal for a property located at: 1020 East Shore Drive & 227 Dubois Rd. By depositing same enclosed in a postpaid 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, and that the attached notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on February 29th, 2021 and the notice has been duly published in the official newspaper, Ithaca Journal on February 1, 2021. Christopher Torres, Administrative Assistant Sworn to before me on Notary Public BECKV L. JORDAN NOTARY PUBLIC-STATE OF NEW YORK No. 01JO6ia6381 OuQllffed in Tompklns County , My Commisilon Explrtts April 28. f •■■'r ,1- ■-. 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