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HomeMy WebLinkAboutZBA Minutes 2009-12-21 ® TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, December 21 , 2009 215 North Tioga .Street, Ithaca 7 : 00 PM . APPEAL of South Hill Business Campus , Linda Luciano , Agent from the Code of the Town of Ithaca , Chapter 221 , "Signs" to retain existing sign (s) and install additional freestanding sign (s) at 950 Danby Rd , TP # 39 . - 1 - 1 . 1 , Planned Development Zone # 12 . APPEAL of Judy Mauk, requesting a variance from the Code of the Town of Ithaca , Chapter 270 , Article IX , Section 270-71 (c) , to allow insufficient Side yard setback for an existing garage at 147 Pine Tree Rd , Tax Parcel #57. - 1 -33 , Medium Density Residential Zone ( MDR ) . APPEAL of Nicholas DeMuth , Mary Russell , Agent ; requesting Area Variances from the Code of the Town of Ithaca , Chapter 270 , Article IX , Section 270-71 (e ) to be allowed accessory buildings in the front yard . Property located at 101 Spruce Way , Tax Parcel # 42 . - 1 -2 . 4 , Medium Density Residential , ( MDR) . APPEAL of George Sheldrake requesting an interpretation of whether a proposed greenhouse that will be open to the public is a Retail Business or a Farmstand . Both interpretations would require a variance from the Code of the Town of Ithaca , Chapter 225 , Section 225-8 , "Sprinklers" and possible variances from Chapter 270 , Article VIII , Section 270-54 " Permitted Principle Use" or Section 270-56 ( h ) . The proposed greenhouse will be located at 716 Elmira Rd , Tax Parcel #33 . -2-7 . 2 , Low Density Residential Zone ( LDR) Assistance will be provided for individuals with special needs , upon request ; requests should be made not less than 48 hours prior to the public hearings . Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : 12/9/2009 Published : 12/14/2009 TOWN OF ITHACA ZONING BOARD OF APPEALS SIGN - IN SHEET DATE : December 21 , 2009 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTA0ORES SIA FFILIATION L � Y� rwtc J FILE DATE i - G - ( o- TOWN ( yTOWN OF ITHACA ZONING BOARD OF APPEALS Monday, December 21 , 2009 215 North Tioga Street, Ithaca 7 : 00 P. M . APPEAL of South Hill Business Campus, Linda Luciano, Agent from the Code of the Town of Ithaca , Chapter 221 , " Signs" to retain existing sign(s) and install additional freestanding sign(s) at 950 Danby Rd , TP # 39.- 1 -1 . 1 , Planned Development Zone #12. LINDA LUCIANO , Property Manager Ms . Luciano gave a brief summary of the appeal . There are three signs with issues ranging from too many free-standing signs , their location and one , the canopy sign , is projecting out and is not flat. She stated that the signs are not in compliance and some don 't have permits . Chairman Sigel asked if the Board had any questions regarding SEQR . There were none . ADOPTED RESOLUTION , ZBA RESOLUTION No. 2009 — 51 Environmental Assessment, South Hill Business Campus, Signs, 950 Danby Road, TP # 39.- 1 -1 . 1 , Planned Development Zone #12 , December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in Part 2 of the Environmental Assessment Form prepared by Town Staff . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously . Discussion followed with descriptions of the signs , their locations and the specific variances needed for each . The Board felt that the signs were needed , were not obtrusive and the request was not substantial . Chairman Sigel opened the public hearing at 7 : 08 p . m . There was no one wishing to address the Board on the appeal and the public hearing was closed at 7 : 09 p . m . ZBA Final 12-21 -2009 Page 2 of 9 ADOPTED RESOLUTION , ZBA RESOLUTION No . 2009 — 52 Sign Variance(s), South Hill Business Campus, 950 Danby Road , TP # 39 .- 1 -1 . 1 , Planned Development Zone # 12 , December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer RESOLVED that this Board grants the appeal of South Hill Business Campus requesting variances from Chapter 221 , "Signs" , to retain existing signs and install an additional freestanding sign at 950 Danby Rd , TP# 39 . - 1 - 1 . 1 , Planned Development Zone # 12 , with the following specific variances granted to each individual sign : Sign #2 is granted a variance from Section 221 -7 , (c) (4) , allowing the sign to not be placed in the front yard and allowing the sign to be placed less than 15 feet from the pavement, and also a variance from Section 221 -6 , (2b) , allowing more than one free - standing sign on the premises . With the following conditions : a . that the sign be no greater than 32 square feet , and b . that it remain in its present location . Sign # 3 is granted a variance from Section 221 -7 , (d) (5 & 6) , allowing the sign to exist without the letters being affixed flat to the surface and allowing more than a single line ® of lettering and allowing the letters to exceed 6 inches in height, with the following 1� condition : a . that this sign remain in its current location , and b . that the sign be no greater than 38 square feet. Sign #4 is granted a variance from Section 221 -7 , (c) (4) , to allow the sign to be placed outside of the front yard and within 15 feet of the pavement, and additionally a variance from Section 221 -6 , ( b) (2) , allowing more than one free-standing sign on the premises , with the further condition a . that this sign be constructed as indicated on the applicant's plans , and b . placed in the location indicated by the applicant, and c . be no greater than 20 square feet. With the following findings , pertaining to all three signs : FINDINGS . That the benefit to the applicant outweighs any detriment to the community . Specifically: 1 . That it does not appear that the applicant can achieve the benefit they wish to by any (� other means feasible given that they have a large property and need several signs to direct visitors to the appropriate entrance , and ZBA Final 12-21 -2009 Page 3 of 9 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that these additional signs are either difficult to see or impossible to see from the public right-of-way , and 3 . That the request is not substantial given the size of the facility, and 4 . That there will not be adverse physical or environmental effects , and 5 . That while the alleged difficulty is self-created , nevertheless , the benefit to the applicant outweighs any detriment to the health , safety and welfare of the community. A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None APPEAL of Judy Mauk, requesting a variance from the Code of the Town of Ithaca, Chapter 270, Article IX, Section 270=71 (c), to allow insufficient side yard setback for an existing garage at 147 Pine Tree Rd , Tax Parcel #57.-1 -33, Medium Density Residential Zone (MDR). Steve Mauk, 147 Pine Tree Road : Mr. Mauk gave a brief overview stating that the garage was originally built in the 1950' s with an addition added in 1984 with the same dimensions . When he went to re- roof the garage , it was discovered that there was an issue with the setbacks . Mr. Mauk was confused because a building permit was submitted , approved and a certificate of occupancy issued back in 1984 for the addition . Chairman Sigel explained that when the addition was added , the setback changed and sometimes these issues come up because they were missed . Chairman Sigel opened the public hearing at 7 : 16 p . m . Frank Baldwin , 149 Pine Tree Road : Mr. Baldwin stated the following : " I appreciate that the town is being a bit more alert and monitoring what's going on . We never knew that construction was going to occur until it occurred . We lost our sun from the southern exposure of our house . Shortly before that, we built another room , a bedroom , which had a solar brick wall , which caught the sun to give us heat in the evening . We are not interested having the illegal construction torn down , we are interested in the process that the town goes through to approve construction , and specifically, I am concerned about a completely unrelated thing that is dangerous , and that's a slab of stone that was put on a bike trail near Tudor Park . There is a lot of loose stone on this bike trail . If a bike comes down and a guy hits his head on the corner of the stone bridge that comes to one person ' s house , he's gonna get killed . This is something that I ' m concerned about mostly. How did this get approved ? ZBA Final 12-21 -2009 Page 4 of 9 Blythe Baldwin : The whole addition thing is ancient history . I think, the point we want to make is that the town needs to be vigilant with things that are happening , not notice them 25 years later. The reason that Frank is bringing up the whole bridge thing is this is the perfect thing [ inaudible] , people slip . The point we are trying to make is , the town needs to be vigilant as these things occur, and 25 years later, it's kind of silly, especially for Steve and Judy to be down here . We just want the town to be on top of things , that' s all . There was no one else wishing to address the board at this time and the public hearing was closed . Mr. Bates asked the Baldwins for additional details and then stated that he would turn the picture and their contact information over the Director of Public Works . Adopted Resolution ZBA Resolution No 2009 — 053 Area Variance Judy Mauk, 147 Pine Tree Rd , TP# 57.= 1 -33 December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer. Motion made by Kirk Sigel , seconded by Jim Niefer. RESOLVED that this board grant the appeal of Judy Mauk, requesting a variance from Town Code 270-71 to allow insufficient side yard setback for an existing garage at 147 Pine Tree Road , Tax Parcel 57- 1 -33 medium -density residential zone , with the following : CONDITIONS : 1 . That the setback be no less than 11 1/2 feet, and 2 . that there be no enlargement of the non -conformity within the required 15 foot side yard setback. FINDINGS : The benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community . Specifically ; 1 . The benefit which the applicant wishes to achieve , which is that of being allowed to maintain a 25-year old addition , cannot be achieved by any other feasible means , other than this variance because anything else would require the addition to be removed , and 2 * that there will not be an undesirable change in the neighborhood character or to nearby properties , given that the expansion has been in place for 25 year, and ZBA Final 12-21 -2009 Page 5 of 9 3 , that the request is not substantial being approximately 3 feet of the 15 foot required setback, and 44 that there will not be adverse physical or environmental effects , and 5 , that while the alleged difficulty is self-created , nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously . APPEAL of Nicholas DeMuth , Mary Russell , Agent; requesting Area Variances from the Code of the Town of Ithaca, Chapter 270, Article IX , Section 270-71 (e) to be allowed accessory buildings in the front yard. Property located at 101 Spruce Way, Tax Parcel # 42.=1 -2. 4, Medium Density Residential , ( MDR). Nicholas DeMuth , 101 Spruce Way and Mary Russell , Attorney: ® Ms . Russell gave an overview of the appeal stating that because there is a NYSEG easement running across the rear yard of this property, it is difficult for the applicant to have accessory buildings in the rear yard . The easement is 30 foot wide with not only wires , but a gas line underneath . Ms . Russell had an updated survey map that she gave to the board which also showed a stockade fence that does not line up with the property line . Discussion followed . Mr. Bates pointed out that a building permit is not required for either of the structures because they are below the size threshold . The shed has been there for 10 years or so and the gazebo was erected in the past year. The board discussed several aspects of the appeal . Board Member Krantz stated that the purpose of the rule that you don 't want to have accessory buildings in the front yard or side yard , is to keep the neighborhood attractive , and it seems to me that a small gazebo like this is really not making the neighborhood less attractive . If anything , it adds a little attractiveness to it. He added that all of the neighbors are supportive of the gazebo remaining . The board then discussed whether the structures were moveable and it was determined that they were , although it would be quite expensive due to the size of the gazebo and the fence . The board was concerned about setting precedent and discussed what kind of limitations could be placed on the variance such as a sunset or time limit to move the ZBA Final 12-21 -2009 Page 6 of 9 structures . Discussion followed . The board was not concerned with the shed , but thought the variance for the gazebo needed conditions . Discussion followed . Chairman Sigel opened the public hearing at 8 : 06 p . m . There was no one wishing to address the board on the appeal and the public hearing was closed . ADOPTED RESOLUTION ZBA Resolution No. 2009 — 054 Area Variance Nicholas DeMuth 101 Spruce Way TP# 42 .-1 -2 .4 December 21 , 2009 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that this board grants the appeal of Nicolas Demuth , requesting area variances from Chapter 70 , Section 71 E , to allow accessory buildings in the front yard for a property located at 101 Spruce Way, Tax Parcel #42- 1 -2 . 4 , medium -density residential zone with the following : CONDITIONS In the case of the shed : 1 . That it be no greater than 100 square feet, and 10 2 , that it remain in its present location . In the case of the gazebo : 1 . That this variance is granted for a period of ten years , and 2 . that the location , configuration , size , and all aspects of the gazebo remain as they are . With the following : FINDINGS That the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community , specifically: 1 . In the case of the shed , the benefit which the applicant wishes to achieve cannot be met by any other means feasible , given the various easements across his property close to the house ; this location for the shed appears to be the most reasonable to serve its purpose . 2 . In the case of the gazebo , the benefit the applicant wishes to achieve could be achieved by other means feasible , but this Board , in consideration of the cost and effort to place the gazebo inadvertently where it is , is granting the ten year allowance for the gazebo in its current location , at which point it will either need to be removed from the property or moved to a conforming location , and ZBA Final 12-21 -2009 Page 7 of 9 3 , that there will not be an undesirable change to the neighborhood character or to nearby properties by either structure , given that the shed has been there for ten years and it has significant vegetative screening and it is on the side of the property and is to be maintained , and not likely to cause any unsightly appearance to neighbors , and given the evidence of the neighbors being in favor of the gazebo , and 4 , that the request, in the case of the gazebo , this Board finds is substantial , but is mitigated by the ten year time limit, and 5 , that the request will not have adverse physical or environmental effects , and 6 , that the alleged difficulty is found to be self-created , and again , the ten year time limit mitigates this , making the benefit to the applicant outweigh any detriment to the health , safety and welfare of the community. A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously. APPEAL of George Sheldrake requesting an interpretation of whether a proposed greenhouse that will be open to the public is a Retail Business or a Farmstand. Both interpretations would require a variance from the Code of the Town of Ithaca , Chapter 225, Section 225-8, " Sprinklers " and possible variances from Chapter 270 , Article VIII , Section 270=54 " Permitted Principle Use" or Section 270- 56 ( h). The proposed greenhouse will be located at 716 Elmira Rd, Tax Parcel #33 .=2-7. 2, Low Density Residential Zone ( LDR) George Sheldrake , Owner gave a summary of the appeal stating that he is proposing to build a new greenhouse for plant production and moving most of his sales to it . Board Member Sigel stated for the record that Mr. Sheldrake plows his driveway but he did not feel that it was significant enough to warrant his recusing himself. There was some discussion about how to proceed with the appeal because of Tompkins County Planning 239 review and they sent a letter today stating that they needed more details on the site plan . Discussion followed . Ms . Brock stated that the Board could do an interpretation , but could not take any action on the variances . The Board asked questions about the building and Mr. Sheldrake ' s plans for it. Mr. Sheldrake stated that he would be growing almost all the items for sale but he did want to offer seeds , mulch , planters and those types of things for his clients' convenience . Discussion followed . ZBA Final 12-21 -2009 Page 8 of 9 Chairman Sigel opened the public hearing at 8 : 46 p . m . There was no one wishing to address the board on the appeal and the public hearing was closed . ADOPTED RESOLUTION ZBA Resolution No. 2009 — 055 Interpretation George Sheldrake Greenhouse 716 Elmira Rd TP# 33.-2-7 .2 December 21 , 2009 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that in regard to the appeal of George Sheldrake , requesting variances for farm stands at 716 Elmira Road , Tax Parcel 33-2-7 . 2 that this Board makes the finding that based on the information provided by Mr. Sheldrake in his packet and testimony given this evening , that his proposed greenhouse and accompanying movable farm stand both meet the definition of a roadside stand or other structure , because the majority of the products sold will be derived from or produced on his farm . This motion is an interpretation in relation to Section 270-56 ( h ) Roadside and Other Structures . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously. The Board then discussed Mr. Sheldrake' s request for a sprinkler variance . Board Members asked for a layout of the path of travel and how people would walk within the building and . how far they would have to go to get to an exit as well as the expected occupancy number. Mr. Bates responded that the information he had at the time did not have a lot of information and he had been working with Mr. Sheldrake to get it. He stated that there are doors on all four sides of the building . The tentative plan does show two doors in the front and sliding doors on each side of the building . He is allowed up to 12 , 000 square feet, under NYS Code . Mr. Sheldrake added that given that it was a greenhouse , there would be water available throughout, very little combustibles within , and hoses all over the place . The Board was favorably inclined to grant the variance and therefore moved to adjourn the appeal while waiting for the County to fulfill its GML requirements . ZBA Final 12-21 -2009 Page 9 of 9 ADOPTED RESOLUTION ZBA Resolution No. 2009 — 056 Adjournment George Sheldrake Greenhouse 716 Elmira Rd TP# 33.-24 . 2 December 21 , 2009 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that this Board adjourns the appeal of George Sheldrake to such a time that we have a proper reply from the County Planning Department , or at least 30 days from the time the County receives the full statement of the proposed action . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously . ADOPTED RESOLUTION ZBA Resolution No. 2009 — 057 Recommendation for ZBA Chair December 21 , 2009 Motion made by Jim Niefer, seconded by Ron Krantz Resolved that this Board recommends to the Town Board of the Town of Ithaca that Kirk Sigel be re-appointed as the Chair of the Town of Ithaca Zoning Board of appeals . A vote on the motion was as follows : Ayes : Mann , Krantz, Ellsworth , Mountin and Niefer Nays : None Abstention : Sigel Motion passed unanimously . ADOPTED RESOLUTION ZBA Resolution No. 2009 — 058 2010 Schedule Zoning Board of Appeals December 21 , 2009 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that this Board adopt the meeting schedule for the Zoning Board of Appeals as submitted . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously . Meeting adjourned at 9 : 00 p . m . Kirk Sigel , Chairman FILE DATE - av ADOPTED RESOLUTION ZBA RESOLUTION No. 2009 — 51 Environmental Assessment South Hill Business Campus Signs 950 Danby Road TP # 39.- 1 -1 . 1 , Planned Development Zone # 12 December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in Part 2 of the Environmental Assessment Form prepared by Town Staff . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer ® Nays : None Motion passed unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA. I , Paulette Terwilliger, 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 meetingo the 21 st day of December 2009 . Deputy own Clerk, Town of Ithaca FILE r DATE - JL- JL ADOPTED RESOLUTION ZBA RESOLUTION No. 2009 - 52 Sign Variance(s) South Hill Business Campus 950 Danby Road TP # 39.-1 - 1 . 1 Planned Development Zone #12 December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer RESOLVED that this Board grants the appeal of South Hill Business Campus requesting variances from Chapter 221 , "Signs" , to retain existing signs and install an additional freestanding sign at 950 Danby Rd , TP# 39 . - 1 - 1 . 1 , Planned Development Zone # 12 , with the following specific variances granted to each individual sign : Sign #2 is granted a variance from Section 221 -7 , (c) (4) , allowing the sign to not be placed in the front yard and allowing the sign to be placed less than 15 feet from the pavement, and also a variance from Section 221 -6 , (2b) , allowing more ® than one free-standing sign on the premises . With the following conditions : ® a . that the sign be no greater than 32 square feet, and b . that it remain in its present location . Sign #3 is . granted a variance from Section 221 -7 , (d ) (5 & 6) , allowing the sign to exist without the letters being affixed flat to the surface and allowing more than a single line of lettering and allowing the letters to exceed 6 inches in height , with the following condition : a . that this sign remain in its current location , and b . that the sign be no greater than 38 square feet. Sign #4 is granted a variance from Section 221 -7 , (c) (4) , to allow the sign to be placed outside of the front yard and within 15 feet of the pavement, and additionally a variance from Section 221 -6 , ( b) (2) , allowing more than one free - standing sign on the premises , with the further condition a . that this sign be constructed as indicated on the applicant' s plans , and b . placed in the location indicated by the applicant , and c . be no greater than 20 square feet. With the following findings , pertaining to all three signs : FINDINGS : That the benefit to the applicant outweighs any detriment to the community , Specifically: 1 . That it does not appear that the applicant can achieve the benefit they wish to by . any other means feasible given that they have a large property and need several signs to direct visitors to the appropriate entrance , and 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that these additional signs are either difficult to see or impossible to see from the public right-of-way, and 3 . That the request is not substantial given the size of the facility, and 4 . That there will not be adverse physical or environmental effects , and 5 . That while the alleged difficulty is self-created , nevertheless, the benefit to the applicant outweighs any detriment to the health , safety and welfare of the community. A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I , Paulette Terwilliger, 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 To:^:n of Ithaca at a regular meeting the 21 st day of December 2009 . Deputy Town Clerk, wrown of Ithaca FILE DATE i - jc) ADOPTED RESOLUTION ZSA RESOLUTION NOi1'2009 — 053 Area Variance Judy Mauk 147 Pine Tree Rd Tax Parcel #57.=1 -33 December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer. RESOLVED that this board grant the appeal of Judy Mauk, requesting a variance from Town Code 270-71 to allow insufficient side yard setback for an existing garage at 147 Pine Tree Road , Tax Parcel 57- 1 -33 medium -density residential zone , with the following : CONDITIONS : 1 . That the setback be no less than 11 '/2 feet, and 2 . that there be no enlargement of the non -conformity within the required 15 foot side yard setback. FINDINGS : The benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. Specifically; 1 . The benefit which the applicant wishes to achieve , which is that of being allowed to maintain a 25 -year old addition , cannot be achieved by any other feasible means , other than this variance because anything else would require the addition to be removed , and 2 , that there will not be an undesirable change in the neighborhood character or to nearby properties , given that the expansion has been in place for 25 year, and 39 that the request is not substantial being approximately 3 feet of the 15 foot required setback, and 40 that there will not be adverse physical or environmental effects , and 5o that while the alleged difficulty is self-created , nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer ® Nays : None '°® Motion passed unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA, I , Paulette Terwilliger, 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 nn the 21 st day of December 2009 . C� Deputy Town Clerk, Town of Ithaca FILE DATE ADOPTED RESOLTION ZBA Resoluti.on 'No: 2009, ':- 054 Area Variance Nicholas DeMuth 101 Spruce Way TP# 42 .-1 -2.4 December 21 , 2009 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that this board grants the appeal of Nicolas Demuth , requesting area variances from Chapter 70, Section 71 E , to allow accessory buildings in the front yard for a property located at 101 Spruce Way, Tax Parcel #42- 1 -2 .4 , medium- density residential zone with the following : CONDITIONS In the case of the shed : 1 . That it be no greater than 100 square feet , and 2 . that it remain in its present location . ® In the case of the gazebo : 1 . That this variance is granted for a period of ten years , and 2 . that the location , configuration , size , and all aspects of the gazebo remain as they are . With the following : FINDINGS That the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community , specifically: 1 . In the case of the shed , the benefit which the applicant wishes to achieve cannot be met by any other means feasible , given the various easements across his property close to the house ; this location for the shed appears to be the most reasonable to serve its purpose . 2 . In the case of the gazebo , the benefit the applicant wishes to achieve could be achieved by other means feasible , but this Board , in consideration of the cost and effort to place the gazebo inadvertently where it is , is granting the ten year allowance for the gazebo in its current location , at which point it will either need to be removed from the property or moved to a conforming location , and 3s that there will not be an undesirable change to the neighborhood character or to nearby properties by either structure , given that the shed has been there for ten years and it has significant vegetative screening and it is on the side of the property and is to be maintained , and not likely1to cause any unsightly appearance to neighbors , and given, the evidence of the neighbors being in favor of the gazebo , and 4 , that the request , in the case of the gazebo , this Board finds is substantial , but is mitigated by the ten year time limit, and 55 that the request will not have adverse physical or environmental effects , and 6 , that the alleged difficulty is found to be self-created , and again , the ten year time limit mitigates this , making the benefit to the applicant outweigh any detriment to the health , safety and welfare of the community . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously . STATE OF NEW YORK) • COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I , Paulette Terwilliger, 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 0 the Zoning Board of Appeals of the Town of Ithaca at a regular meeting/o6 the 21St day of December 2009 . eputy Town Clerk, Town of Ithaca FILE DATE ADOPTED RESOLUTION ZBA Resolution No. 2009 — 055 Interpretation George Sheldrake Greenhouse 716 Elmira Rd TP# 33.-2-7 .2 December 21 , 2009 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that in regard to the appeal of George Sheldrake , requesting variances for farm stands at 716 Elmira Road , Tax Parcel 33-2-7 . 2 that this Board makes the finding that based on the information provided by Mr. Sheldrake in his packet and testimony given this evening , that his proposed greenhouse and accompanying movable farm stand both meet the definition of a roadside stand or other structure , because the majority of the products sold will be derived from or produced on his farm . This motion is an interpretation in relation to Section 270-56 ( h) Roadside and Other Structures. A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously. AIML STATE OF NEW YORK) COUNTY OF TOMPKINS) SS , TOWN OF ITHACA, I , Paulette Terwilliger, 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 21 st day of December 2009 . Deputy Town Clerk , Town of Ithaca FILE DATE ADOPTED RESOLUTION ZBA Resolution No. 2009 — 056 Adjournment George Sheldrake Greenhouse 716 Elmira Rd TP# 33.-2-7 . 2 December 21 , 2009 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that this Board adjourns the appeal of George Sheldrake to such a time that we have a proper reply from the County Planning Department, or at least 30 days from the time the County receives the full statement of the proposed action . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA, I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the attached resolution is an exact copy of the same adoptedby a Zoning Board of Appeals of the Town of Ithaca at a regular meeting on t e 21 st day of December 2009 , Deputy Town Clerk, Town of Ithaca FILE DATE ADOPTED RESOLUTION ZBA Resolution No. 2009 — 057 Recommendation for ZBA Chair December 21 , 2009 Motion made by Jim Niefer, seconded by Ron Krantz Resolved that this Board recommends to the Town Board of the Town of Ithaca that Kirk Sigel be re-appointed as the Chair of the Town of Ithaca Zoning Board of appeals . A vote on the motion was as follows : Ayes : Mann , Krantz , Ellsworth , Mountin and Niefer Nays : None Abstention : Sigel Motion passed unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA, I , Paulette Terwilliger, 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 the 21 st day of December 2009 , C Deputy Town Clerk, Town of Ithaca FILE DATE ADOPTED RESOLUTION ZBA Resolution No. 2009 - 058 2010 Schedule Zoning Board of Appeals December 21 , 2009 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that this Board adopt the meeting schedule for the Zoning Board of Appeals as submitted . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer Nays : None Motion passed unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA. I , Paulette Terwilliger, 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 the 21 st day of December 2009 . i , Deputy Town Clerk, Town of Ithaca TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , PauletteTerwilliger, being duly sworn , say that I a Deputy Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper , Ithaca Journal: ADVERTISEMENT : PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , DECEMBER 21 , 2009 7 : 00 P . M . Date of Publication : Monday , December 14 , 2009 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street ® Ithaca , NY 14850 Date of Posting : December 11 , 2009 A7 Paulette Terwilliger Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 14th day of December, 2009 . Notdq Public ® DEBRA DEAUGISTINE NOTARY PUBLIC -STATE OF NEW YORK No. O1DE6148035 QV011fied In Tompkins County fly 99thmission Expires June 19, 2010 Legals 050 Igo 01S�= �� r 050 and install additional free- Parcel #33.-2-7.2, Low i, standing sign(s) at 950 Density Residential Zone f Danby Rd. TP # 39.-1 -1 . 1 , (LDR) t Planned Development Zone # 12. Assistance will be provid- 1 ed for individuals with spe- f APPEAL of. Judy Mauk, cial needs, upon request; t requesting a variance from requests shosjld be made NI the Code of the Town of not less than 48 hours pd- { Ithaca, Chapter 270, Arti- or to the public hearings. I cle IX. Section 270-71 (c), i to allow insufficient Side Bruce W. Bates yard setback for an exist- Director of Code Enforce- t ing *garage at 147 Pine ment i Tree Rd. Tax Parcel #57.= 607-273- 1783 I 1 -33, Medium Density Dated: 12/9/2009 I Residential Zone (MDR). Published: 12/14/2009 APPEAL of Nicholas DeMuth, Mary Russell, Agent; requesting Area i Variances from the Code of the Town of Ithaca, Chapter 270, Article IX 1 Section 270-71 (e) to be I allowed accessory build- 1 Ings in the front yard. I • Property located at 101 l Spruce Way, Tax Parcel # } 42.- 1 -2.4, Medium Densi- ty Residential, (MDR). I APPEAL of George Sheldrake requesting an TOWN OF ITHACA interpretation of whether a ZONING BOARD OF proposed greenhouse that APPEALS will be open to the public NOTICE OF PUBLIC is a Retail . Business or a HEARINGS Farmstand. Both interpre- Monday, December tations would require a 21 , 2009 variance from the Code of 215 North Tioga the Town of Ithaca, Chap- Street, Ithaca ter 225, Section 225-8, 7:00 P.M. 'Sprinklers' and possible variances from Chapter APPEAL of South Hill 270, Article VIII, Section Business Campus, Linda 270-54 'Permitted Princi- Luciano, Agent from the ple (ise' or Section 270- Code of the Town of Itha- 56 (h), The proposed ca, Chapter 221 , 'Signsgreenhouse will be locat- to retain existing signs) ed at 716 Elmira Rd, Tax � 1r' • �•- ' r1 yr " . Affidavit of Service by Mail State of New York) SS County of Tompkins) I, Paulette Terwilliger, being duly sworn, deposes and says, that deponent is not a party to the actions , is over 21 years of age and is a Deputy Town Clerk for the Town of Ithaca with offices located at 215 North Tioga Street, Ithaca, NY 14850 That on the 11th day of December, 2009 , deponent served the attached notice upon the attached list of people by depositing same enclosed in a postage-paid addressed wrapper, in a post office under the exclusive care and custody he United States Post Office within the State of New York Paulette Terwilliger Sworn to before me this 14th day of December 2009 1,4 Notary Pu lic DEBRA DEAUGISTINE NOTARY PUBLIC-STATE OF NEW YORK No , OIDE6148035 Qualified in Tompkins County My Commission Expires June 19, 2010 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Cn Cn W W W W W W W W W Cn Cn W W -D N N N 1 N N 1 1 W N N N N N W N 1 1 1 W 1 — Z CD W A W v N 1 J 1 v W O) O) (Y) N J� 1 N 1 A � N � , CW r\) OD f111 •iNv jVCDCDNj ;rs m M 1 1 J v v OD M 1 v 1 v V V/ 1 O 1 �4 N �1 1 1 1 Cn -�l 0 OD O O Cn CO Cn O �4 N O N O) Cn OD O 1 v W OD M O ;N, N4�6 M �4 CD 1 O rn 0 1 m m o w o m m m m m o m o m m m m o m m w o r m D m D r r r r r- D r D r r r m D r r m D < r < r K r K r K K < r < r r D z Z z z D D D D D z D z D D D z Z D D z z 30 KC/) K U) � x :0 M 07 U) X cn m m x w m x w D p r 37 F m p p p p p m p x p p p r 33 p p r :0 :j MOMO p p MC) moo p p p p z w :0 w Di = m D Z 2 2 C = D Z m m D D r m m —I F —I r m 70 70 C7 m p -i n D p — r r z r m m 77 70 z 0 m = w m z p p D — r M � U) < D ao < m = 2 :30 DO :30 cn Cn D — = M D;rsk D C K m e =O r m O D3 y < m D m m rD y � co COW m C m D m z K O zwooc w � r pC) mz m z Z m 07 m p W w D D D = 0 m D m -{ mOmcn = r O Z � = O D O D p DO w z m :0 � m >, Cf) c_nc ) wmmTKx7 � c- � � = mmm W : ::r ::r c � w _ 0 m m D W - a a w _� m 3 < 3 m m - m CD CD o CD a a CL ;:I °' w � O W C W n :0 ch c = c a o CD m c _ c w o 3 3 a 0 — w m s� cn o m o w w D Q° p mr3 CD Ro a fp f�CD o CD y a CD , w w m m 3 Cf)1 m � W 0 7 CD m < m w m cn F) _F' u, �' w O a < D w w 0 m 0- 0 m D W r N � w � D 0 0 TT) 1 a 1 1 1 1 v 1 �4 CO 0 1 _4 1 � � 0) J 1 ` ) Cn 1 J 1 v N v 1 v —+ Cn �4 O OD O O Cn CO M Cn � M V N O N O Cn W4�bb 1 v W OD O 04�,L N4�16 1 �4 v � m_ w c� w c� m c� m m_ m_ o m_ o m_ m_ m_ w `' m_ w m c� < < 3 3 ; 3 � 3 3 < n in C< ?_ CD CD w � w � www w www _ wm5' � 37 N N m U' m m m u' : 0 m 37 m K 0 � a 0 D a - :0 - 70 a M a a. a 70 a 70 a s a - (n a C ) 1 m a m a a a a m M X m o- p p p a a CD Q w w w w w w w w w w w w w w w w w w w w w w w W w W W W W W w W w w w w w w w w w w W W Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z w D m 1^Y Y11^Y 4�k,1 4�161 14�k, 4�k61 4�161 Y1Y1^^ 1^Y 1^^Y YJ^^ 1^^Y Y1^^ 1Y Y 1Y 1^^ 1^^Y 1^^Y 1^^ T aD aD aD aD ao aD aD ao ao aD aD aD ao ao ao ao ao ao aD aD W ao N Cn M M Cn Cn M M M Cn M M Cn M M M m m M Cn Cn M Cn 00000000000000000000 " 0 1 N W N O O CD cn M cn cn cncn cn (n rn nnnnn cn M rn nn M rn n 0 nnnnnn cn cn cn cn — W O J W J v J v v v W W J v O O W v O 1 v W W 00 W v v v J OD J -0 Z O 1 v � W N W W 14�h, W (D N �4 J J W 1 1 d7 W 1 N v W W 1 N 00 O 1 0) W W �4 0) N N M O M -I 1 0 N 1 (D N (D co N N 1 N N O) v m J N N 1 J 1 J 1 1 1 1 1 1 1 1 1 1 1 1 N 1 1 1 1 1 1 1 1 N 1 1 1 1 4�1, O O -OL -PL co W N N4�lb W � W N Cn Ln M N O 1 Cn N � 4�lb -A (n S O W O) r W 4�kl Ln (D m Ln (D m -P6 W 14 O) D) CA) �4 -460) O Cn O) CO O N -A O N W W �J (O 1 v O C7 z z z O z z z Z Z Z z z z z Z O O z z z Z z Z z z z z z z z z m z m m m z m m m -< -< -< m m m m -< Z z m -< m -< m -< m m m m m m m m cn - r 3) 37 37 37 m X 70 70 3) :0 37 37 3) �0 cn m = :0 37 J0 37 J0 37 37 37 37 37 37 37 — J0 0 m m m m m m m m m m m m m m m m m m m m m m D mmm �' mmm = = = mmmm = m m m = m = m = m m m m m m m m g = —j 37 m x z 70 70 30 r r r x m x m z z m r x r T 70 m x T 70 M M M r— r O 0 0 0 0 0 0 3) 37 37 0 0 0 0 D D D D D D D D D D 0 Z Z 0 0 0 O 0 0 0 0 T _ 0KKKKKrrrr � Omm0c� f 00mW WmDD D D < M = O M n 0 0 D D D D G) D D O z r m p m p p r D C O m x m 0 T j Z m = z = r = C � cn o _ �K K z - m C7 m z p p D cn Qcn D zc �o � � 00mm -< cnx --j OxD " 33m � � 7o% m - mz —D mr - � mmmrcnC nDr_ - 3) mcn -- cn _ - cnmm rm ;r,, 0Z 37D37 m " °3ocnm zr000pOOKmI " n - pc r- m �_ Om z0 < CCp = ? 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