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HomeMy WebLinkAboutZBA Minutes 2011-01-24 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JANUARY 24, 2011 215 North Tiocta Street, Ithaca 7 : 00 P . M . 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 . Appeal of Hillside Alliance Church , Pastor Skip Fields , Agent, requesting a variance from the requirements of Chapter 225 , Section 225-3A(8) " New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct an 8 ' x 12' shed to be used for a clothing drop off without the installation of a Town required sprinkler system located at 1422 Slaterville Rd , Tax Parcel No . 58 . -2 -39 . 3 , Medium Density Residential . Appeal of Ithaca College , Richard Couture , Agent , requesting a variance from the requirements of Chapter 225 , Sections 225 -3A(8) and 225 -3A( 14) "New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct the home dugout and fieldhouse at Kostrinsky Field without the installation of a Town required sprinkler system located at 950 Danby Rd , Tax Parcel No , 41 . - 1 -30 . 2 , Medium Density Residential . Appeal of Donald and Debra Gregg , owners , requesting variances from the requirements of Chapter 270 , Section 270-71 C "Yard Regulations" and Sections 270- 73B and 270-73C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to change the street address of the property located at 1128 Danby Rd , Tax Parcel No . 37 . - 1 -20 . 13 , Medium Density Residential . The current legal road frontage is on Danby Rd , however, the applicants' have a driveway off Alison Dr and have oriented their home towards Alison Dr, Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : January 10 , 2011 Published : January 14 , 2011 FILE DATE ZONING BOARD of APPEALS Monday, January 24, 2011 7 : 00 p . m . Present: Board Members : Ron Krantz , James Niefer, and Bill King . Excused : Kirk Sigel , Chair; Dave Mountin , Board Member. Staff Present : Bruce Bates , Director of Code Enforcement; Susan Brock, Attorney for the Town ; Carrie Coates Whitmore ; Deputy Town Clerk. Others : Andy Sciarabba , Steve Dayton , Ben DeGeorge , Debra and Donald Gregg , Susan Mayer. Call to Order Mr. Krantz called the meeting to order at 7 : 06 p . m . Mr. Bates informed the Board that they needed to elect an Acting Chair for the evening since the Chairperson of the Board is not present. Mr. Niefer moved that Mr. Krantz serve as Acting Chair, Mr. King seconded . Vote : Carried Unanimously. Mr. Bates noted that Mr. King was appointed to the Board for a term of 5 years . Appeal of Hillside Alliance Church , Pastor Skip Fields, Agent, requesting a variance from the requirements of Chapter 225, Section 225=3A(8) " New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct an 8' x 12 ' shed to be used for a clothing drop off without the installation of a Town required sprinkler system located at 1422 Slaterville Rd , Tax Parcel No. 58.=2-39 .3, Medium Density Residential . Ben DeGeorge appeared before the Board on behalf of the church . Mr. DeGeorge gave a brief overview of the appeal . He stated that the proposed 8'x14' shed would not be visible from the road . Mr. Krantz asked board members if they had any questions . Mr. Niefer said that he didn't have any questions , commented that the building is non - habitable and that it was reasonable not to require a sprinkler system . SEOR Attorney Brock proposed changes to Part I of the environmental assessment form . • Item 7) Change to "Medium Density Residential" • Item 8) Change "Zoning" to "Town Code" • Item 10) Check "Residential" Zoning Board of Appeals Minutes of January 24, 2011 Final Mr. Krantz moved that the Board make a negative declaration of environmental significance based on the information in Part I and for the reasons stated in Part II of the environmental assessment form . Mr. Niefer seconded the motion . Vote : Carried Unanimously 3-0 . ZB RESOLUTION 2011 -001 : Hillside Alliance Church, Environmental Assessment, 1422 Slaterville Rd, Tax Parcel No. 58. =2-39. 3 MOTION made by Ron Krantz, seconded by James Niefer. Resolved, in regard to the appeal of Hillside Alliance Church, this board makes a negative determination of environmental significance based upon the information in the SEOR Part I form and for the reasons stated in the Part 11 of the environmental assessment form prepared by Town staff. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and King NAYS: None. Motion was carried unanimously. PUBLIC HEARING Mr. Krantz opened the public hearing at 7 : 14 p . m . and invited the public to address the Board . There being no one wishing to speak, he closed the public hearing at 7 : 14 p . m . Mr. King asked if requiring a fire extinguisher in the shed would be appropriate . Mr. Bates did not think it was necessary to require one given the small size of the shed and what it was to be used for. Mr. Krantz moved to grant the appeal of Hillside Alliance Church to be permitted to construct an 8' x 12' shed to be used for a clothing drop off without the installation of a Town required sprinkler system at 1422 Slaterville Rd , finding that all requirements for a sprinkler variance had been satisfied and with the conditions that the shed be located and built substantially as shown on plans submitted to Board . Mr. Niefer seconded the motion . Vote : Carried unanimously 3-0 . ZB RESOLUTION 2011 -002: Hillside Alliance Church, Sprinkler Variance, 1422 Slaterville Rd, Tax Parcel No. 58. =2-39. 3 MOTION made by Ron Krantz, seconded by James Niefer. Resolved, that this Board grants the appeal of Hillside Alliance Church requesting a variance from the requirements of Chapter 225, Section 225-3A (8) "New Buildings Required to Have Sprinkler Systems " of the Town of Ithaca Code to be permitted construct an 8 ' x 12' shed to be used for a clothing drop off without the installation of a Page 2 of 9 Zoning Board of Appeals Minutes of January 24, 2011 Final 10 Town required sprinkler system located at 1422 Slaterville Rd, Tax Parcel No. 58. -2- 39. 3, Medium Density Residential, based upon the following: Findings: 1 . That the requirement of a sprinkler system in this situation would create a practical difficulty or unnecessary hardship for the applicant because a sprinkler system would be an unnecessary expense because there are no utilities going to the shed; 2. The omission of a sprinkler system from the shed would not significantly jeopardize human life because the shed is used merely for the storage of clothing and will not be occupied at any time. Conditions: 1 . That the shed be built substantially to the plans submitted to this Board, and 2. That the shed be located in substantially the same location as shown in the plans submitted to this Board. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and King NAYS: None. Motion was carried unanimously. Appeal of Ithaca College, Richard Couture, Agent, requesting a variance from the requirements of Chapter 225, Sections 225-3A(8) and 225=3A(14) " New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct the home dugout and fieldhouse at Kostrinsky Field without the installation of a Town required sprinkler system located at 953 Danby Rd , Tax Parcel No. 41 .-1 -30.2, Medium Density Residential . Steve Dayton and Andy Sciarabba appeared before the Board and gave a brief overview of the appeal . Mr. Sciarabba explained that the variance is for two buildings at Kostrinsky Softball Field . The north building is the fieldhouse and it contains bathrooms and a storage room . It is approximately 1474 square feet. The second building is located to the south and is the home dugout. It contains the dugout, a teamroom and a storage space , and is approximately 1043 square feet. The Town requires sprinkler for this building because of the storage space area within the building . AML Mr. Sciarabba noted that there is water to site , with an extension of an 8- inch water main to the hydrant, which is within 400 feet of both buildings . The buildings are made Page 3 of 9 Zoning Board of Appeals Minutes of January 24, 2011 Final Amb out of masonry construction and the foundation will be concrete slab on grade . The roof system is a roof framed system , but all the ceilings within the storage area will have a one-hour fire rated ceiling . The walls between the storage spaces and any of the occupied spaces also have a one - hour fire separation . The buildings are seasonal in use and will be locked when not in use . Heat is not proposed for either building . The storage areas will contain non -combustible materials and will hold softball and soccer equipment. Mr. Sciarabba reiterated that no gas powered equipment would be stored in the storage areas . He felt that the installation of sprinkler systems would provide an unnecessary hardship to the College in terms of cost. He noted that there are extremely low fire hazards and little potential risk to human life . Mr. Sciarabba added that the proposal is a similar to that of Tutelo Park, which is the Town ' s ball field . Mr. Niefer confirmed that the buildings would not be heated . Mr. Bates reconfirmed that combustible materials would not be stored in either building . Mr. Krantz pointed out that the Board has set precedence for the granting of this type of variance when it granted the sprinkler variance for Tutelo Park. SEQR Mr. Krantz moved that the Board make a negative declaration of environmental significance based on the information in Part I and for the reasons stated in Part II of the environmental assessment form . Mr. Niefer seconded the motion . Vote : Carried Unanimously 3-0 . ZB RESOLUTION 2011 -003: Ithaca College, Kostrinsky Field. Environmental Assessment, 953 Danby Rd (130 Flora Brown Dr), Tax Parcel No. 41 . 4 -30.2 MOTION made by Ron Krantz, seconded by James Niefer. Resolved, in regard to the appeal of Ithaca College, this board makes a negative determination of environmental significance based upon the information in the SEOR Part I form and for the reasons stated in the Part II of the environmental assessment form prepared by Town staff. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and King NAYS: None. Motion was carried unanimously. PUBLIC HEARING Mr. Krantz opened the public hearing at 7 : 26 p . m . and invited the public to address the Board . With no one interested in speaking , Mr. Krantz closed the public hearing at 7 : 26 p . m . Page 4 of 9 Zoning Board of Appeals Minutes of January 24, 2011 Final Mr. King asked if there are statues that govern where fire extinguishers are required . Mr. Bates explained that the Code only requires fire extinguishers with specific occupancies , but these buildings do not have occupancy where it would be required . Mr. Krantz moved to grant appeal of Ithaca College to be permitted construct the home dugout and fieldhouse at Kostrinsky Field without the installation of a Town required sprinkler system , finding that all requirements for a sprinkler variance had been satisfied and with the condition that fire extinguishers be located inside the dugout and fieldhouse . Bill King seconded . Vote : Carried unanimously 3-0 . ZB RESOLUTION 2011 -004: Ithaca College, Kostrinsky Field, Sprinkler Variance, 953 Danby Rd (130 Flora Brown DO, Tax Parcel No. 41. - 1 -30.2 MOTION made by Ron Krantz, seconded by Bill King. Resolved, that this Board grants the appeal of Ithaca College, requesting variances from the requirements of Chapter 225, Sections 225-3A (8) and 225-3A ( 14) "New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct the home dugout and fieldhouse at Kostrinsky Field without the installation of a Town required sprinkler system located at 953 Danby Rd, Tax Parcel No. 41 . - 1 -30.2, Medium Density Residential, based upon the following: Findings: That the requirement of a sprinkler system would create a practical difficulty or unnecessary hardship for the applicant and the omission of a sprinkler system from both facilities will not significantly jeopardize human life for the following reasons: 1 . That the buildings are used for storage and restrooms; 2. That the buildings are made out of concrete masonry and metal roofing. The only wood in the buildings are the rafters, and the buildings will have fire separation; 3. There is a fire hydrant within 400 feet of both buildings; 4. Fire extinguishers will be on the premises; 5. The buildings will be locked at all times when not in use; 6. There will no fire hazardous material stored; and 7. This Board has approved a similar appeal when it granted a sprinkler variance for Tute/o Park, Condition: 1 . That fire extinguishers be located inside both the dugout and the fieldhouse. A vote on the motion resulted as follows: Page 5 of 9 Zoning Board of Appeals Minutes of January 24, 2011 Final AYES: Krantz, Niefer, and King. NAYS: None. Motion was carried unanimously. Appeal of Donald and Debra Gregg , owners, requesting variances from the requirements of Chapter 270, Section 270=71C "Yard Regulations" and Sections 270-736 and 270=73C " Size and Area of Lot" of the Town of Ithaca Code to be permitted to change the street address of the property located at 1128 Danby Rd , Tax Parcel No. 37.-1 -20. 13, Medium Density Residential . The current legal road frontage is on Danby Rd , however, the applicants' have a driveway off Alison Dr and have oriented their home towards Alison Dr. Debra and Donald Gregg appeared before the Board and explained that they were originally given the address of 107 Alison Dr. He directed the Board 's attention to the survey map provided to them in the packet and noted that they do not own property fronting on Danby Rd . It was decided after the foundation was constructed that the address would be Danby Rd because of the lack of road frontage on Alison Dr, The Post Office changed their mailing address over one year ago and the address discrepancy is starting to cause problems for them . Attorney Brock wondered how the Post Office changed their address . She noted that usually the Post Office does not change an address without being notified by the municipality . Ms . Gregg was not sure , but they received a copy of a letter the Post Office mailed to their bank notifying them that the mailing address was being changed . Mr. Bates explained that the Town did not assign the address of 107 Alison Drive because the property was noncompliant for that address , but it was for the 1128 Danby Rd address . Mr. Krantz noted that the State had taken over part of the property and wondered when that occurred . Mr. Gregg directed everyone's attention to the survey map and pointed out that the area taken over by the State starts at the pin found on the road side of the creek (pentagon shape) . The State took over the land at the time they purchased the house . Mr. Gregg confirmed that the driveway is off Alison Dr. Mr. Krantz asked how much footage the applicant has on Alison Drive , Mr. Bates responded that there is 38 feet of frontage at the setback line , 39 .28 feet on the arc . Attorney Brock stated that the minimum lot width at the street line is 60 feet and the minimum width at the 50 foot setback is 100 feet. She noted that a new lot was not being created or a new building being constructed . Attorney Brock stated that the applicants have frontage on a street that is on the official Town Map . She was not sure of exactly what happened because the address was assigned before Mr. Bates was the Director of Code Enforcement, Page 6 of 9 Zoning Board of Appeals Minutes of January 24, 2011 Final Attorney Brock noted a small deficiency in the southern side yard setback; the setback is 13 . 8 feet where 15 feet is required . Mr. Gregg explained that initially there was more than 15 feet, but in this area lines seem to move around a lot. They had the survey done because of that problem . Mr. King asked if a house was built on lot 9 . Mr. Gregg said there was not; the house was actually on the corner of Sesame Street and Alison Drive , SEAR Mr. Krantz moved that the Board make a negative declaration of environmental significance based on the information in Part I and for the reasons stated in Part II of the environmental assessment form . Mr. Niefer seconded the motion . Vote : Carried Unanimously 3-0 . ZB RESOLUTION 2011 -005: Debra and Donald Grew, Environmental Assessment, 1128 Danby Rd, Tax Parcel No. 37. = 1 -20. 13 MOTION made by Ron Krantz, seconded by James Niefer. Resolved, in regard to the appeal of Debra and Donald Gregg, this board makes a negative determination of environmental significance based upon the information in the SEQR Part 1 form and for the reasons stated in the Part 11 of the environmental assessment form prepared by Town staff. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and King. NAYS: None. Motion was carried unanimously. PUBLIC HEARING Mr. Krantz opened the public hearing at 7 : 44 p . m . and invited the public to address the Board . There being no one wishing to speak, he closed the public hearing at 7 : 44 p . m . Mr. Krantz moved to grant the appeal of Debra and Donald Gregg to be permitted to change the street address of the property located at 1128 Danby Rd , Tax Parcel No . 37 . - 1 -20 . 13 , Medium Density Residential finding that all criteria of an area variance had been satisfied , specifically listing how each criteria was met and with conditions on increasing lot nonconformity. Mr. Niefer seconded the motion . Vote—carried unanimously 3-0 . ZB RESOLUTION 2011 -006: Debra and Donald Greg_g, Area Variance, 1128 Danby Rd, Tax Parcel No. 37. - 1 -20. 13 MOTION made by Ron Krantz, seconded by James Niefer, Page 7 of 9 Zoning Board of Appeals Minutes of January 24, 2011 Final 40 Resolved, that this Board grants the appeal of Debra and Donald Gregg, requesting variances from the requirements of Chapter 270, Section 270- 71 C "Yard Regulations" and Sections 270- 73B and 270- 73C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to change the street address of the property located at 1128 Danby Rd, Tax Parcel No. 37. - 1 -20. 13, Medium Density Residential. The current legal road frontage is on Danby Rd, however, the applicants have a driveway off Alison Dr and have oriented their home towards Alison Dr. It is noted that there is no access from Danby Rd due to the drainage ditch and access has always been via Alison Dr. There is also a slight side yard deficiency of over 1 foot. Appeal granted based upon the following: Findings: That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1 . That this benefit cannot be achieved by other means feasible to the applicant and that the current address of 1128 Danby Road leads to a lot of confusion; 2. That it is not an undesirable change to the neighborhood character or to nearby properties because there is going to be no change in lot line or placement of the building on the property. There will be no visible change to the property, but merely a change in the street from which various measurements are made; 3. That while some of the requests are substantial, they are nonetheless outweighed by the benefit to the applicant; 4. There will be no adverse physical or environmental affects inasmuch as this is what the situation has been; and 5. The difficulty is not self-created because while initially the applicant believed their address would be on Alison Dr, the Town later informed them that they needed to have a Danby Rd address after the foundation had already been set. Conditions: 1 . That the lot lines will not be changed in the future to increase the property's nonconformity with Town Zoning requirements; and 2. That any building on the property not encroach further into required setbacks as shown on the survey map submitted to the Board dated April 11 , 2008 and amended December 22, 2010. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and King Page 8 of 9 Zoning Board of Appeals Minutes of January 24, 2011 Final NAYS: None. Motion was carried unanimously. Adjournment Mr. Krantz adjourned the January 24 , 2011 meeting of the Zoning Board of Appeals at 7 : 55 p . m .__ Ron Krantz , Acting Cha person Page 9 of 9 F= ILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 =001 Hillside Alliance Church Environmental Assessment 1422 Slaterville Rd Tax Parcel No. 58.=2-39 .3 January 24, 2011 MOTION made by Ron Krantz , seconded by James Niefer. Resolved , in regard to the appeal of Hillside Alliance Church , this board makes a negative determination of environmental significance based upon the information in the SEQR Part I form and for the reasons stated in the Part II of the environmental assessment form prepared by Town staff. A vote on the motion resulted as follows : AYES : Krantz , Niefer, and King NAYS : None . Motion was carried unanimously. ® STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the 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 24th day of January 2011 Deputy Towin-Clerk Town of Ithaca FILE r1nz DATE Z?/ ADOPTED RESOLUTION ZB RESOLUTION 2011 =002 Hillside Alliance Church Sprinkler Variance 1422 Slaterville Rd Tax Parcel No. 58 .=2-39.3 January 24, 2011 MOTION made by Ron Krantz , seconded by James Niefer. Resolved , that this Board grants the appeal of Hillside Alliance Church requesting a variance from the requirements of Chapter 225 , Section 225-3A(8 ) " New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct an 8 ' x 12' shed to be used for a clothing drop off without the installation of a Town required sprinkler system located at 1422 Slaterville Rd , Tax Parcel No . 58 . -2 - 39 . 3 , Medium Density Residential , based upon the following : Findings : 1 . That the requirement of a sprinkler system in this situation would create a practical difficulty or unnecessary hardship for the applicant because a sprinkler system would be an unnecessary expense because there are no utilities going to the shed ; 2 . The omission of a sprinkler system from the shed would not significantly jeopardize ® human life because the shed is used merely for the storage of clothing and will not be occupied at any time . Conditions : 1 . That the shed be built substantially to the plans submitted to this Board ; and 2 . That the shed be located in substantially the same location as shown in the plans submitted to this Board . A vote on the motion resulted as follows : AYES : Krantz , Niefer, and King NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 24th day of January 2011 . Deputy Town Clerk Town of Ithaca FILE Cl,, DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 =003 Ithaca College, Kostrinsky Field Environmental Assessment 953 Danby Rd ( 130 Flora Brown Dr) Tax Parcel No. 41 .-1 -30. 2 January 24 , 2011 MOTION made by Ron Krantz , seconded by James Niefer. Resolved , in regard to the appeal of Ithaca College , this board makes a negative determination of environmental significance based upon the information in the SEQR Part I form and for the reasons stated in the Part II of the environmental assessment form prepared by Town staff . A vote on the motion resulted as follows : AYES : Krantz , Niefer, and King NAYS : None . Motion was carried unanimously . ® STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 24th day of January 2011 , la Deputy Town - lerk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 =004 Ithaca College, Kostrinsky Field Sprinkler Variance 953 Danby Rd (130 Flora Brown Dr) Tax Parcel No. 41 .-1 -30.2 January 24, 2011 MOTION made by Ron Krantz, seconded by Bill King . Resolved , that this Board grants the appeal of Ithaca College , requesting variances from the requirements of Chapter 225 , Sections 225-3A(8) and 225-3A( 14) "New Buildings Required to Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct the home dugout and fieldhouse at Kostrinsky Field without the installation of a Town required sprinkler system located at 953 Danby Rd , Tax Parcel No. 41 . - 1 -30 . 2 , Medium Density Residential , based upon the following : Findings : That the requirement of a sprinkler system would create a practical difficulty or unnecessary hardship for the applicant and the omission of a sprinkler system from both facilities will not significantly jeopardize human life for the following reasons : 1 . That the buildings are used for storage and restrooms ; 2 . That the buildings are made out of concrete masonry and metal roofing . The only wood in the buildings are the rafters , and the buildings will have fire separation ; 3 . There is a fire hydrant within 400 feet of both buildings ; 4 . Fire extinguishers will be on the premises ; 5 . The buildings will be locked at all times when not in use ; 6. There will no fire hazardous material stored ; and 7. This Board has approved a similar appeal when it granted a sprinkler variance for Tutelo Park . Condition : 1 . That fire extinguishers be located inside both the dugout and the fieldhouse . A vote on the motion resulted as follows : AYES : Krantz, Niefer, and King . NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the 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 24th day of January 2011 . ` Deputy Town-Clerk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 =005 Debra and Donald Gregg Environmental Assessment 1128 Danby Rd Tax Parcel No. 37.=1 -20. 13 January 24, 2011 MOTION made by Ron Krantz , seconded by James Niefer. Resolved , in regard to the appeal of Debra and Donald Gregg , this board makes a negative determination of environmental significance based upon the information in the SEQR Part I form and for the reasons stated in the Part II of the environmental assessment form prepared by Town staff. A vote on the motion resulted as follows : AYES : Krantz , Niefer, and King . NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 24th day of January 2011 , Deputy Town erk Town of Ithaca FILE DATE 3 ADOPTED RESOLUTION ZB RESOLUTION 2011 -006 Debra and Donald Gregg Area Variance 1128 Danby Rd Tax Parcel No. 37 .=1 -20. 13 January 24, 2011 MOTION made by Ron Krantz , seconded by James Niefer. Resolved , that this Board grants the appeal of Debra and Donald Gregg , requesting variances from the requirements of Chapter 270 , Section 270-71 C "Yard Regulations" and Sections 270-73B and 270-73C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to change the street address of the property located at 1128 Danby Rd , Tax Parcel No . 37 . - 1 -20 . 13 , Medium Density Residential . The current legal road frontage is on Danby Rd , however, the applicants have a driveway off Alison Dr and have oriented their home towards Alison Dr. It is noted that there is no access from Danby Rd due to the drainage ditch and access has always been via Alison Dr. There is also a slight side yard deficiency of over 1 foot. Appeal granted based upon the following : Findings : That the benefit to the applicant outweighs any detriment to the health , safety and welfare of the community, specifically: 1 . That this benefit cannot be achieved by other means feasible to the applicant and that the current address of 1128 Danby Road leads to a lot of confusion ; 2 . That it is not an undesirable change to the neighborhood character or to nearby properties because there is going to be no change in lot line or placement of the building on the property. There will be no visible change to the property, but merely a change in the street from which various measurements are made ; 3 . That while some of the requests are substantial , they are nonetheless outweighed by the benefit to the applicant; 4 . There will be no adverse physical or environmental affects inasmuch as this is what the situation has been ; and 5 . The difficulty is not self-created because while initially the applicant believed their address would be on Alison Dr, the Town later informed them that they needed to have a Danby Rd address after the foundation had already been set. Conditions : 1 . That the lot lines will not be changed in the future to increase the property' s nonconformity with Town Zoning requirements ; and ZB RESOLUTION NO . 2011 -006 PAGE 2 AIL 2 . That any building on the property not encroach further into required setbacks as VM shown on the survey map submitted to the Board dated April 11 , 2008 and amended December 22 , 2010 . A vote on the motion resulted as follows : AYES : Krantz , Niefer, and King NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the 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 24th day of January 2011 . LA�LILIL�A]rt) Deputy Town Clerk Town of Ithaca TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Carrie Coates Whitmore , 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 , January 24 , 2010 7 : 00 P . M . Date of Publication : Friday , January 14 , 2011 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Monday , January 10 , 2011 p4d �� Carrie Coates Whitmore 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 ojJn ry, 2011 Notary Public PAULETTE NEILSEN Notary Public, State of New York No . 01 NE6156809 Qualified in Tioga County Commission Expires December 4, 20 Ll I I Friday;January 14, 2011 -The Ithaca Journal - - - TOWN OF ITHACA -� 1 Town required ]27 kler ZONING BOARD OF system located atan. .APPEALS 'by Rd, Tax Parce1 .- NOTICE OF PUBLIC 11 -30.2, MediumsityHEARINGS Residential.MONDAY, JANUARY 24, 2011 'Appeal of� Dond215 North Tioga St., jDebra Gregg, owre- Ithaca - questing variancesthe. 7:00 P.M. requirements ofter270, Section 1CAppeal of Hillside 'Alliance 'Yard RegulationndChurch, Pastor Skip Fields, Sections 270-73B 0- Agent, requesting a var- I73C 'Size and Areoot'{{{ lance from the require- I of the Town of Ithaca Codel I ments of Chapter 225, to be permitted to change Section 225-3A(8) 'New i they street address of the Buildings Required to Have i property located at 1128 Sprinkler Systems' of the ! I�Danby Rd, Tax Parcel No. Town of Ithaca Code to be 137.-1 -20. 13. Medium Dan- permitted construct an 8' x I isity Residential. The cur- 12' shed to be used for a i rent legal road frontage is j clothing drop off without n Danby Rd, however, the the installation of a Town applicants' have a driveway 1 required sprinkler system off Alison Dr and have ori-1 located at 1422 Slaterville ented their home . towards Rd, Tax Parcel No. 58.-2- 'Alison Dr. 39.3, Medium Density Res- ( +- idential. Assistance will be provided for individuals with special Appeal of Ithaca College, needs, upon request; re- Richard Couture, Agent, re- quests should be made not questing ' a variance from less than 48 hours prior to the requirements of Chap. the public hearings. i ter 225, Sections 225. j 3A(8) and . 225-3A( 14)1 (Bruce W. Bates i 'New Buildings Required to ( Director of Code Enforce- " Have Sprinkler Systems' of Iment the Town of Ithaca Code to I 1607-273-1783 1 be permitted construct they home ' dugout and field-r Dated: January 10, 2011 house at Kostrinsky Field 1 /14/2011 without the installation of a ` r : 1 . 1 N AFFIDAVIT OF SERVICE BY MAIL 0 STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) I, Carrie Coates Whitmore, being duly sworn, deposes and says, 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 14`h day of January 2011 , deponent served the within Notice upon the property owners of the following Tax Parcel Numbers : 1422 Slaterville Rd, Sprinkler Variance Alvarez, Delcastillo John Nasrin Arzani Ed Baptist 1402 Slaterville Rd 103 Terraceview Dr 105 Honness Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Ellen Batterton Anita Belluci Linda Bennett 101 Terraceview Dr 1411 Slaterville Rd 305 Sunnyview Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 James Bouderau Claire Broomfield Jason Burnham 1403 Slaterville Rd 111 Terraceview Dr 113 Terraceview Dr 0101Jthaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Christian-Missionary Alliance Demosthenis Chronis Thomas Clausen 1422 Slaterville Rd 118 Terraceview Dr 1421 Slaterville Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Michael Cuddy Christina Culver Herbert Deinert 116 Terraceview Dr PO Box 6725 130 Honness Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Eastwood Commons Res Assoc Inc Giora Fix David Galloway PO Box 392 PO Box 243 114 Honness Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Gregory & Michele Bell Rev Trust Charles Gruman Mark Andrew Hall 13400 Quaking Aspen NE 119 Terraceview Dr 123 King Rd E F-7 Albuquerque, NM 87111 Ithaca, NY 14850 Ithaca, NY 14850 Meena Haribal Susan Hesse Arthur Howser 1406 Slaterville Rd 1425 Slaterville Rd 1469 Slaterville Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Leslie Intemann Freedom King Kyusoon Lee 1415 Slaterville Rd 110 Terraceview Dr 307 Sunnyview Ln jehaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Ian Van Dyke Lewis Edward Mabaya Matthew Mackerer 115 Terraceview Dr 107 Terraceview Dr 126 Honness Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Doris Marion Michael Marks Eleanor May PO Box 54 310 Sunnyview Ln 1360 Slaterville Rd Lafayette, NY 13084 Ithaca, NY 14850 Ithaca, NY 14850 Karel Mertens Vladimir Micic Jonathan Monroe 300 Sunnyview Ln 118 Honness Ln 114 Terraceview Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Nadia Prescott Living Trust Matoula Nickles Gerald Oxford �08 Penny Ln 118 Brandeis Rd 1427 Slaterville Rd haca, NY 14850 Newton, MA 02459 Ithaca, NY 14850 Thomas Paolangeli John Puglia Muhammad Razzaq 121 Harwick Rd 8 Glenford Ln PO Box 299 Ithaca, NY 14850 E Northport, NY 11731 Hebron, CT 06248 *ffidavit of Service by Mail Zoning Board of Appeals Meeting 0 1 /24/201 1 Brian Reardon Susan Rosenthal John Rudan 102 Terraceview Dr 301 Sunnyview Ln 100 Wildflower Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Karin Salfi Joseph Shedd Theodor Spitsberg 107 Penny Ln 112 Terraceview Dr 11 Alex Way Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Melanie Stein Colin Stewart Peter Stratakos 306 Sunnyview Ln 1417 Slaterville Rd 124 Honness Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Robert Sweet The M & D Queen Revocable Trust Religious Society of Friends 1401 '/z Slaterville Rd 117 Terraceview Dr Ithaca Monthly Meeting Ithaca, NY 14850 Ithaca, NY 14850 3137 Jacksonville Trumansburg, NY 14886 Kenneth Torrance Town of Ithaca Daniel Wilks 37 Deerhaven Dr 215 N Tioga St 1410 Slaterville Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 grid Zabel Douglas Zollo 21 Honness Ln 4 River Ter Ithaca, NY 14850 Tarrytown, NY 10591 953 Danby Rd, Sprinkler Variance Ayman Abbad Savino & Patricia Ferrara William & Anna Larsen 8 Walraven Dr, Apt A 979 Danby Rd 1005 Danby Rd Goshen, NY 10924-2169 Ithaca, NY 14850 Ithaca, NY 14850 Deborah Sue Martin Evan Monkemeyer Gina Parker 983 Danby Rd 123 King Rd E PO Box 4524 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14852 Prauge 4, LLC Tompkins County IDA Richard Couture, PO Box 545 College Circle Buildings Assoc . VP of Facilities Skaneateles, NY 13152 PO Box 4860 Ithaca College Ithaca, NY 14852 201 Facilities Building Ithaca, NY 14850 1128 Danby Rd, Area Variance ,Mkdward & Constance Amici Kaethe & Nathalie Bessou Donald & Debra Gregg 0 Alison Dr 1148 Danby Rd 1128 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 GSLB Properties, LLC Holly Creek Townhomes LLC Inst. Buddhist Study 1 French Ave 111 King Rd W 412 N Aurora St Auburn, NY 13021 Ithaca, NY 14850 Ithaca, NY 14850 Clara Leonardo Joseph & Marlea Leonardo RJ & Linda Marie Leonardo 1134 Danby Rd 112 Alison Dr 1134 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Clarence & Terrie Mayu Current Resident Office of State Comptroller 103 Sesame St 1122 Danby Rd 110 State St Ithaca, NY 14850 Ithaca, NY 14850 Albany, NY 12236 2 ffidavit of Service by Mail Zoning Board of Appeals Meeting 01/24/2011 Richard & Mary Lee Park Samuel & Ruth Peter Rasmus & Vanessa Schultz 101 Alison Dr 1083 Danby Rd 1132 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Alan & Joan Wurzel Ryan & Nicki Zawel 1119 Danby Rd 1115 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 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. Carrie Coates WITiteore, Deputy own Clerk Town of Ithaca Sworn to f e rpe this 14`h day of January 2011 . Notary Public PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Qualified in Tioga County Commission Expires December 4, 20 �� 3