Loading...
HomeMy WebLinkAboutZBA Minutes 2011-07-18 10 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, July 18, 2011 215 North Tloge Street, Ithaca 7:00 P.M. AQP of Winifred and Robert Swarthout, owners, requesting a variance from the requirements of Chapter 270, Section 270=71 B "Yard Regulations" of the Town of Ithaca Code to be permitted to maintain Insufflcient rear yard depth located at 331 Winthrop Dr, Tax Parcel No. 72: "! W1 e 103, Medium Density Residential. Annan of Elizabeth Anne Clune Montessori School, owner, Andrea Riddle, agent, requesting a variance from the requirements of Chapter 270, Section 270-60E "Yard Regulations" of the Town of Ithaca Code to be permitted to install an accessory structure (playhouse) in this. front yard of the property located at 120 King Rd E. Tax Parcel No. 43.- 1 -3.2, Low Density Residential. A wall of Ithaca College, owner, Rick Couture, agent, requesting a variance from the requirements of Chapter 225, Section 228-3 "New buildings required to have sprinkler systems" of the Town of Ithaca Code to be permitted to construct a storage building at the Circle Apartments complex without a sprinkler system located at 230 Flora Brown Dr, Tax Parcel No. 41 .-1 -30.2, Medium Density Residential. ® 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: July 6, 2011 Published: July 8, 2011 FILE , DATE ; ® ZONING BOARD of APPEALS Monday, July 18, 2011 7 : 00 p. m . Board Members Present : Kirk Sigel , Chair; Jim Niefer, and Dave Mountin , Excused : Ron Krantz and Bill King . Staff Present: Bruce Bates , Director of Code Enforcement; Susan Brock, Attorney for the Town ; Carrie Coates Whitmore ; Deputy Town Clerk. Others : Rick Couture , Winifred and Robert Swarthout, Lisa Smith , Dave lannello, Lee Archer, and William Renihan . Call to Order Chairperson Sigel called the meeting to order at 7 : 03 p . m . Appeal of Winifred and Robert Swarthout, owners, requesting a variance from the requirements of Chapter 270, Section 270=71 B "Yard Regulations" of the Town of Ithaca Code to be permitted to maintain insufficient rear yard depth located at 331 Winthrop Dr, Tax Parcel No. 72 .-1 -1 A 03, Medium Density Residential . Winifred and Robert Swarthout appeared before the board and Chairperson Sigel asked if the applicant wished to add anything to their appeal beyond what was submitted to the Board . Mr. Swarthout commented that they applied for a reroofing permit and the deficiency was discovered at that time . Chairperson Sigel asked what the deficiency is . Mr. Bates responded that the setback is 25 feet and the Code requires a 30 foot setback. Attorney Brock added that the application states 27 feet, but Ms . Gifford ' s letter to the homeowner states approximately 25 feet. Mr. Bates stated that the 1968 building permit paperwork :shows the setback as 25 feet. Chairperson Sigel solicited questions from the Board . There were none . Public Hearing Chairperson Sigel opened the public hearing at 7 : 06 p . m . and invited the public to address the board . There being no one interested in speaking , he closed the public hearing at 7 : 06 p . m . SEOR Type II action not subject to SEOR . ® Chairperson Sigel moved to grant the appeal of Winifred and Robert Swarthout to be permitted to maintain insufficient rear yard depth at 331 Winthrop Drive with conditions Zoning Board of Appeals Minutes of July 18, 2011 Final on rear yard setback and future building within the setback, and finding that all requirements of an area variance have been satisfied , specifically listing how each criterion was met. Mr. Niefer seconded . Vote—carried unanimously . ZB RESOLUTION 2011 -036: Area Variance, Winifred and Robert Swarthout, 331 Winthrop Dr, Tax Parcel No. 72. - 1 - 1. 103 MOTION made by Chairperson Sigel, Seconded by Mr. Niefer. RESOLVED, that this board grants the appeal of Winifred and Robert Swarthout, requesting a variance from the requirements of Chapter 270, Section 270= 71B "Yard Regulations" of the Town of Ithaca Code to be permitted to maintain insufficient rear yard depth located at 331 Winthrop Dr, Tax Parcel No. 72. - 1 - 1 . 103, Medium Density Residential, with the following: Conditions. 1 . That the setback be no less than 24 feet, and 2. That there be no further building that takes place within the required setback. 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 that they are wishing to maintain an existing garage within the setback that was built many years ago, 2. That there will not be an undesirable change to neighborhood character or nearby properties given the garage 's existence for several decades, 3. That the request is not substantial being approximately 5 feet within the 30 foot setback, 4. That the request will not have adverse physical or environmental affects, and 5. That the alleged difficulty is not self-created, given that the current owner is; not the one that built the house in violation of the setback requirement Page 2 of 9 Zoning Board of Appeals Minutes of July 18, 2011 Final A vote on the motion resulted as follows: AYES: Sigel, Niefer, Mountin NAYS: None. Motion was carried unanimously. Appeal of Elizabeth Anne Clune Montessori School , owner, Andrea Riddle, agent, requesting a variance from the requirements of Chapter 270, Section 270=60E "Yard Regulations" of the Town of Ithaca Code to be permitted to install an accessory structure (playhouse) in the front yard of the property located at 'I 20 King Rd E, Tax Parcel No. 43.=1 -3.2, Low Density Residential . Lisa Smith and Dave lannello appeared before the board and Chairperson Sigel asked the applicants if they would like to add anything beyond what they submitted to thea board . Ms. Smith explained that there was a play structure in this location for a number of years. The existing play structure needs to be replaced . Chairperson Sigel asked if the picture provided to the board was of the actual play structure . Ms . Smith indicated that it was . Chairperson Sigel stated that there has been some discussion among Code Enforcement staff as to whether the play structure should be considered a building or not. He read the definition of "building" to the board . Chairperson Sigel thought that the board first needed to determine whether or not the structure was a building and then that would determine which part of the zoning ordinance applies to the structure . He went on to explain that if the board determines that the structure is not a building ithen the referenced section of the Code only applies to accessory buildings . If the structure is not a building , then it cannot be an accessory building and would not be subject to the referenced provision . Chairperson Sigel then asked if the structure would be subject to any provisions . Mr. Bates responded no , not within the required front yard . It would be a structure , but would not be in violation of that section . Chairperson Sigel asked if the setback requirement would need to be met if it is just a structure and if so , would they. HE, read the definition of yard and stated that he thought the structure is a building . Chairperson Sigel asked the board for their opinion . He felt that the structure would enclose persons . Mr. Mountin commented that it would not be used for overnight sleeping . Ms . Smith added that children would be moving through the structure . Mr. Mountin asked if a playhouse in someone's yard would be considered an accessory building or a building . Mr. Bates stated that it would be classified according to its size , but the proposal is on a commercial property and the size does not affect it. He explained that anything under 144 square feet on residential property would be exempt. Page 3 of 9 Zoning Board of Appeals Minutes of July 18, 2011 Final ® Chairperson Sigel clarified that the structure would be exempt from a building permit, but would not necessarily be exempt from the zoning law. Mr. Bates added that the structure would need to meet setback requirements . Chairperson Sigel stated that a play structure with a roof on a residential property would not need a building permit, but would have to be located in the rear yard and meet setback requirements . In this case , however, the structure is located in the front yard so it would need a variance even if it was a residential property. Mr. Mountin asked if the board was only determining whether or not the structure was a building or an accessory building . Mr. Bates explained that if the board classifies the structure as a building , then it is accessory to the main use on the property. Mr. Niefer asked if exceptions are given since it is a school . Mr. Bates was not aware of any exemptions . He explained that it is a school in a residential district and the school needs to comply with the requirements of the zone . A private residence would still need to come before the board for a variance in order to be permitted to locate a play structure in the front yard . Chairperson Sigel asked if the structure was exempt from the sprinkler law. Mr. Bates responded that he reviewed the sprinkler law and determined that it is exempt. Attorney Brock stated that if the play structure is an accessory structure and not a building , it may be set back far enough that it is not in the required setback. The fact that it is in the front yard would not matter because the prohibition only applies to accessory buildings . If the board finds that it is an accessory structure , she did not think a variance was needed . If the board finds that it is an accessory building , then the - variance advertised is needed . Chairperson Sigel asked if that would be for the structure to be located in the front yard and not setback distance . Attorney Brock thought so . She referred to the drawing submitted to the board that evening and stated that it provides more measurements . It shows that the corner of the structure is 32 feet from the property line and the setback is 30 feet; the structure is outside the setback. Chairperson Sigel asked the board if they wanted to discuss further whether or not the structure was a building . The board did not; they agreed that the structure is a building . Public Hearing Chairperson Sigel opened the public hearing at 7 : 20 p . m . and invited the public to address the board . Lee Archen stated that as a playground designer, roofs are incorporated into playground structure for protection from the sun . There being no one else wishing to speak, Chairperson Sigel closed the public hearing at 7 : 21 p . m . SEOR Attorney Brock stated on the SEQR form Part I , question 6 was not filled out. The board amended question 6 by adding , "less than 2" for each time period listed on the form . Page 4 of 9 Zoning Board of Appeals Minutes of July 18, 2011 Final Chairperson Sigel moved to make a negative determination of environmental significance based upon the information in Part I and for the reasons stated in Part II of the EAF prepared by Town staff . Mr. Niefer seconded . Vote—carried unanimously . ZB RESOLUTION 2011 -037. ENVIRONMENTAL ASSESSMENT, Elizabeth Anne Clune Montessori School, 120 Who Road East, Tax Parcel No. 43. 4 -3.2 MOTION made by Chairperson Sigel, Seconded by Mr. Niefer. RESOLVED, that in the matter of the Elizabeth Anne Clune Montessori School, this Board makes a negative determination of environmental significance based upon the information in Part I of the environmental assessment form and for the reasons stated in Part 11 of the environmental assessment form prepared by Town staff. A vote on the motion resulted as follows: AYES: Sigel, Niefer, Mountin NAYS: None. Motion was carried unanimously. Chairperson Sigel moved to grant the Elizabeth Anne Clune Montessori School , requesting a variance from the requirements of Chapter 270 , Section 270=60E "Yard Regulations" of the Town of Ithaca Code to be permitted to install an accessory structure , a playhouse , in the front yard of the property located at 120 King Rd East, with a condition on the location of the play structure , and finding that all requirements of an area variance have been satisfied , specifically listing how each criterion was met. Mr. Niefer seconded . Vote—carried unanimously. ZB RESOLUTION 2011 -038: Area Variance, Elizabeth Anne Clune Montessorl School, 120 King Road East, Tax Parcel No. 43. 442 MOTION made by Chairperson Sigel, Seconded by Mr. Niefer. RESOLVED, that this board grants the appeal of the Elizabeth Anne Clune Montessori School, requesting a variance from the requirements of Chapter 270, Section 270=60E "Yard Regulations" of the Town of Ithaca Code to be permitted to install an accessory structure, a playhouse, in the front yard of the property located at 120 King Rd East, Tax Parcel No. 43. = 1 -3. 2, Low Density Residential Zone, with the following: Condition. 1 . That the play structure be located approximately where shown on the plans submitted by the applicant. Findings: Page 5 of 9 Zoning Board of Appeals Minutes of July 18, 2011 Final 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 could be met by another means feasible given that the play structure could be located in the rear of the property, but the location proposed has had a play structure for 20 years and given the layout of the lot, is a reasonable place to place the play structure, 2. That there will not be an undesirable change to neighborhood character or nearby properties given the existence of a play area here for many years, 3. That the request is not substantial given the screening that exists on the front of the property and the existence of a play structure there for many years, 4. That the request will not have adverse physical or environmental effects for the reasons stated in the Environmental Assessment Form, and 5. That while the alleged difficulty is self-created, that nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Niefer, Mountin NAYS: None. Motion was carried unanimously. Appeal of Ithaca College, owner, Rick Couture, agent, requesting a variance from the requirements of Chapter 225, Section 225=3 " New buildings required to have sprinkler systems" of the Town of Ithaca Code to be permitted to construct a storage building at the Circle Apartments complex without a sprinkler system located at 230 Flora Brown Dr, Tax Parcel No. 41 .-1 -30.2, Medium Density Residential . Rick Couture and William Renihan appeared before the board . Chairperson Sigel asked if they would like to add anything to their appeal . Mr. Couture responded no and offered to answer any questions . Chairperson Sigel commented that the appeal seemed straight-forward to him . The cost increase is substantial and the risk seems very low. Attorney Brock stated that the application materials indicated that the building will be used for storage of building maintenance replacement items . She asked if Mr. Couture could specify what that means and wondered if it included gasoline or petroleum Page 6 of 9 Zoning Board of Appeals Minutes of July 18, 2011 Final products. Mr. Couture responded that window screen , replacement furniture , spare doors , etc . Attorney Brock asked if any equipment would be stored that might have engines . Mr. Couture did not anticipate that any would be . Mr. Mountin jokingly asked if Ithaca College was going for the first LEED certified maintenance garage . Mr. Couture responded that he had not thought of that. Mr. Bates asked if the building would be heated . Mr. Couture explained that it would not be ; Attorney Brock added that the building would not have plumbing , heating , or cooling systems , but that there would be electrical for lighting . Chairperson Sigel asked Attorney Brock if the only criteria the board is to consider the criteria listed in the sprinkler law. Attorney Brock responded yes . She explained that the variance is from the sprinkler law and that law sets out what the criteria are . Chairperson Sigel thought it made sense to discuss the reasons provided by the applicant. The board reviewed the application materials and agreed with the reasons provided . Chairperson Sigel stated that the estimated cost of the sprinkler system is $ 12 ,000 and the cost of building construction is $38 , 000 , which would increase the cost of construction by 32% . Public Hearing Chairperson Sigel opened the public hearing at 7 : 32 p . m . and invited the public to address the board . There being no one present to speak besides the applicant, he closed the public hearing at 7 : 32 p . m . SEAR Chairperson Sigel stated that question 6 on Part I of the Environmental Assessment Form should be modified to include "0 . 02 acres" for each time period . Attorney Brock commented that question 7 was left blank and the form was modified to indicate "medium density residential' as the current zone . Chairperson Sigel moved to make a negative determination of environmental significance based upon the information in Part I and for the reasons stated in Paint II of the EAF prepared by Town staff. Mr. Mountin seconded . Vote--carried unanimously . ZB RESOLUTION 2011 -039: Environmental Assessment, Ithaca College, 230 Flora Brown Dr, Tax Parcel No. 41. 4 -30.2 MOTION made by Chairperson Sigel, Seconded by Mr. Mountin. RESOLVED, that in regards to the appeal of Ithaca College requesting a sprinkler variance for a storage building at Circle Apartments, this board makes a negative determination of environmental significance based upon the information in Part I of the environmental assessment form and for the reasons stated in Part 11 of the environmental assessment form prepared by Town staff. Page 7 of 9 Zoning Board of Appeals Minutes of July 18, 2011 Final A vote on the motion resulted as follows: AYES: Sigel, Niefer, Mountin NAYS: None. Motion was carried unanimously. Chairperson Sigel moved to grant the appeal of Ithaca College to be permitted to construct a storage building at the Circle Apartments complex without a sprinkler system located at 230 Flora Brown Dr for the reasons stated in the sprinkler variance criteria form complete by the applicant with the addition of the phrase , "which is a :32% increase" to the first sentence of criteria number 1 . Mr. Niefer seconded . Vote--carried unanimously. ZB RESOLUTION 2011 =040: Sprinkler Variance, Ithaca College. 230 Flora Brown Dr. Tax Parcel No. 41 . = 1 -30.2 MOTION made by Chairperson Sigel, Seconded by Mr. Niefer. RESOLVED, that this board grants the appeal of Ithaca College, requesting a variance from the requirements of Chapter 225, Section 225=3 "new buildings required to have sprinkler system " of the Town of Ithaca Code to be permitted to construct a storage building at the Circle Apartments complex without a sprinkler system located at 230 Flora Brown Dr, Tax Parcel No. 41 . = 1 -30.2, Medium Density Residential Zone for the reasons stated in the sprinkler variance criteria form completed by the applicant with the addition of the phrase, "which is a 32% increase " to the first sentence of criteria number one. A vote on the motion resulted as follows: AYES: Sigel, Niefer, Mountin NAYS: None. Motion was carried unanimously. Other Business The board briefly discussed the sprinkler law and inquired when Codes and Ordinances would be reviewing the law. Mr. Bates indicated that it was on the committee's list to be reviewed . The board reviewed the agenda for the next meeting . Chairperson Sigel indicated he would be out of town for the next meeting and Mr. Mountin said that he was not sure if he could attend . The board decided to reschedule the August meeting . Page 8 of 9 Zoning Board of Appeals Minutes of July 18, 2011 Final ZB RESOLUTION 2011 -041 : Reschedule August 2011 meeting MOTION made by Chairperson Sigel, Seconded by Mr. Niefer. Resolved, that this board reschedules its August 15, 2011 meeting to Monday, August 22, 2011 . A vote on the motion resulted as follows: AYES: Sigel, Niefer, Mountin NAYS: None. Motion was carried unanimously. Adjournment With no other business, Chairperson Sigel adjourned the July 18 , 2011 meeting of the Town of Ithaca Zoning Board of Appeals at 7 :43 p . m . Kirk Sigel , Chair erson Carrie Coates-Whitmore , Deputy Town Clerk Page 9 of 9 FILE DATE ® ADOPTED RESOLUTION ZB RESOLUTION 2011 =036 Area Variance Winifred and Robert Swarthout 331 Winthrop Dr Tax Parcel No. 72.=1 =1 . 103 July 18, 2011 MOTION made by Chairperson Sigel , Seconded by Mr. Niefer. RESOLVED , that this board grants the appeal of Winifred and Robert Swarthout, requesting a variance from the requirements of Chapter 270 , Section 270-71 B "Yard Regulations" of the Town of Ithaca Code to be permitted to maintain insufficient rear yard depth located at 331 Winthrop Dr, Tax Parcel No , 72 . - 1 - 1 . 103 , Medium Density Residential , with the following : Conditions: 1 . That the setback be no less than 24 feet, and 2 . That there be no further building .that takes place within the required setback. 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 that they are wishing to maintain an existing garage within the setback that was built many years ago , 2 . That there will not be an undesirable change to neighborhood character or nearby properties given the garage' s existence for several decades , 3 . That the request is not substantial being approximately 5 feet within the 30 foot setback, 4 . That the request will not have adverse physical or environmental affects , and 5 . That the alleged difficulty is not self-created , given that the current owner is riot the one that built the house in violation of the setback requirement. ZB RESOLUTION NO . 2011 -036 Page 2 of 2 A vote on the motion resulted as follows : AYES : Sigel , Niefer, Mountin 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 18th day of July, 2011 . Deputy Town Clerk c Town of Ithaca FILE DATE. .- ZLj ® ADOPTED RESOLUTION ZB RESOLUTION 2011 =037 ENVIRONMENTAL ASSESSMENT Elizabeth Anne Clune Montessori School 120 King Road East Tax Parcel No. 43.=1 -3.2 July 18, 2011 MOTION made by Chairperson Sigel , Seconded by Mr. Niefer. RESOLVED , that in the matter of the Elizabeth Anne Clune Montessori School , this Board makes a negative determination of environmental significance based upon the information in Part I of the environmental assessment form and for the reasons stated in Part II of the environmental assessment form prepared by Town staff. A vote on the motion resulted as follows : AYES : Sigel , Niefer, Mountin 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 18th day of July, 2011 . I ; tA Deputy TownClerk Town of Ithaca FILE DATE 1 ADOPTED RESOLUTION ZB RESOLUTION 2011 -038 Area Variance Elizabeth Anne Clune Montessori School 120 King Road East Tax Parcel No. 43.=1 -3.2 July 18, 2011 MOTION made by Chairperson Sigel , Seconded by Mr. Niefer. RESOLVED , that this board grants the appeal of the Elizabeth Anne Clune Montessori School , requesting a variance from the requirements of Chapter 270 , Section 270-60E "Yard Regulations" of the Town of Ithaca Code to be permitted to install an accessory structure , a playhouse , in the front yard of the property located at 120 King Rd East, Tax Parcel No . 43 . - 1 -3 . 2 , Low Density Residential Zone , with the following : Condition : 1 . That the play structure be located approximately where shown on the plans submitted by the applicant. 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 could be met by another means feasible given that the play structure could be located in the rear of the property, but the location proposed has had a play structure for 20 years and given the layout of the lot, is a reasonable place to place the play structure , 2 . That there will not be an undesirable change to neighborhood character or nearby properties given the existence of a play area here for many years , 3 . That the request is not substantial given the screening that exists on the frons: of the property and the existence of a play structure there for many years , 4 . That the request will not have adverse physical or environmental effects for the reasons stated in the Environmental Assessment Form , and 5 . That while the alleged difficulty is self-created , that nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. ZB RESOLUTION NO . 2011 -038 Page 2of2 A vote on the motion resulted as follows : AYES : Sigel , Niefer, Mountin 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 18th day of July, 2011 . DeputyTown - lerk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 =039 Environmental Assessment Ithaca College 230 Flora Brown Dr Tax Parcel No. 41 .-1 -30.2 July 18, 2011 MOTION made by Chairperson Sigel , Seconded by Mr. Mountin . RESOLVED , that in regards to the appeal of Ithaca College requesting a sprinkler variance for a storage building at Circle Apartments , this board makes a negative determination of environmental significance based upon the information in Part I of the environmental assessment form and for the reasons stated in Part II of the environmental assessment form prepared by Town staff . A vote on the motion resulted as follows : AYES . Sigel , Niefer, Mountin 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 18th day of July , 2011 , Deputy Town-derk Town of Ithaca FILE i DAT /Zz ADOPTED RESOLUTION ZB RESOLUTION 2011 -040 Sprinkler Variance Ithaca College 230 Flora Brown Dr Tax Parcel No. 41 .-1 -30.2 July 18 , 2011 MOTION made by Chairperson Sigel , Seconded by Mr. Niefer. RESOLVED , that this board grants the appeal of Ithaca College , requesting a variance from the requirements of Chapter 225 , Section 225-3 "new buildings required to have sprinkler system" of the Town of Ithaca Code to be permitted to construct a storage building at the Circle Apartments complex without a sprinkler system located at 230 Flora Brown Dr, Tax Parcel No . 41 . - 1 -30 . 2 , Medium Density Residential Zone for the reasons stated in the sprinkler variance criteria form completed by the applicant with the addition of the phrase , "which is a 32% increase" to the first sentence of criteria number one . A vote on the motion resulted as follows : AYES : Sigel , Niefer, Mountin 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 18th day of July , 2011 . LiuY Deputy Town Clerk Town of Ithaca FILE DATE S ADOPTED RESOLUTION ZB RESOLUTION 2011 =041 Reschedule August 2011 meeting July 18, 2011 MOTION made by Chairperson Sigel , Seconded by Mr. Niefer. Resolved , that this board reschedules its August 15 , 2011 meeting to Monday, August 22 , 2011 . A vote on the motion resulted as follows : AYES : Sigel , Niefer, Mountin 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 18th day of July, 2011 . Deputy TowntI rk 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 Joumat. ADVERTISEMENT : PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, July 18 , 2011 7 : 00 P . M . Date of Publication : Friday, July 8 , 2011 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday, July 6 , 2011 Abi Ide 2 Carrie Coates:*hitmore Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 8th day of July, 2011 Nota ublic j Debra DeAuglstine Notary Public - State of New York No. 01DE6148035 Oualifled in Tompkins county My Commis n Expires June 19. 20 f Friday, July 8, 2011 THE ITHACA JOURNAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, July 18, 2011 215 North Tioga Street, Ithaca i 7:00 P.M. Appeal of Winifred and '. Robert Swarthout, owners, requesting a variance from the requirements of Chap- ter 270, Section 270-71B ' 'Yard Regulations" of the ftwn of Ithaca Code to be permitted to maintain insuf- ificient rear yard depth lo- cated at 331 Winthrop Dr, iTax Parcel No. 72.- 1 - 1 . 103, Medium Density Residen- tial. Appeal of Elizabeth Anne i Clune Montessori School, owner, Andrea Riddle, ; agent• requesting a var- iance from the require- 1 mems of Chapter 270• Section 270-60E 'Yard Regulations' of the Town of 1 .Ithaca Code to be permit- ted to install an accessory ;structure (playhouse) in the front yard of the property ,located at 120 King Rd E, Tax Parcel No. 43.- 1 -3.2, Low Density Residential. !Appeal of Ithaca College. 'owner, Rick Couture, lagent, requesting a var. I dance from the require- Iments of Chapter 225, 'Section 225-3 'New build Zings required to have sprin- kler systems' of the Town of Ithaca Code to be per ;emitted to construct a stor- rage building at the Circle i +Apartments complex with- out a sprinkler system 10- cated at 230 Flora Brown Dr, Tax Parcel No. 41 .-1 - I f30.2, Medium Density Res lidential. Assistance will be provided Ifor individuals with special i needs, upon request. Re- quests should be made not less than 48 hours prior to ! the public hearings. Bruce W. Bates Director of Code Enforcement 607-273-1783 Dated: July 6, 2011 17/8/2011 i goryWAof10f- > _ ,. ; ° . � �9f1( fO� u'i1lriCjii DF fY� °)J11i1f31)O 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 8`h day of July 2011 , deponent served the within Notice upon the property owners of the following Tax Parcel Numbers : ***331 Winthrop Dr Valentine and Dorothy Benedict Irina and George Birman Barbara Breiman 320 Winthrop Dr 2 Sandra PI 328 Winthrop Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Vernon and Martijna Briggs Kevin Britton Richard and Grais Brown 332 Winthrop Dr 105 Brandywine Dr 322 Winthrop Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 William and Therese Carroll Yung Fu Chang William and Lauren Cowdery 5 Sandra PI Shu Jan Grace Lin 108 Brandywine Dr Ithaca, NY 14850 204 Christopher Ln Ithaca, NY 14850 Ithaca, NY 14850 Angelo Digiacomo Faping Duan and Houchun Liu David and Barbara Dubow 326 Winthrop Dr 408 Winthrop Dr 324 Winthrop Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Edelman Rev Trust Agmnt Shimon and Ester Edelman Peter and Melissa Enns 107 Brandywine Dr 106 Brandywine Dr 137 Simsbury Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Terry and Anna Gifford Francois Guimbretiere Fangijang Guo 138 Simsbury Dr Corinna Loeckenhoff Shiying Zhang Ithaca, NY 14850 404 Winthrop Dr 135 Simsbury Dr Ithaca, NY 14850 Ithaca, NY 14850 Spencer Hill and Jennifer Barnett Yong Miao Hong and Xin Wang Ithaca City School District 129 Burleigh Dr 104 Brandywine Dr 400 Lake St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Stephen and Rosanne Lahr Willard Lloyd Robert Lonon & Marie Stewart 323 Winthrop Dr 410 Winthrop Dr 406 Winthrop Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Michael and Jean Luzzi Yuxin Mao and Fenghua Hu Robert and Margaret Marcoux i3 0 Winthrop Dr 121 Burleigh Dr 206 Christopher Ln a, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Margaret Colleen McEntee Kevin and Mary Murphy James and Anna Niefer 131 Burleigh Dr 402 Winthrop Dr 102 Brandywine Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Earl and Harriet Peters Brian and Sara Petraitis David and Irene Pytcher 125 Burleigh Dr 16 Dennin Dr 134 Simsbury Dr Ithaca, NY 14850 Menands, NY 12204 Ithaca, NY 14850 Benjamin and Mary Richards Thomas Roach David and Brigitt Schaffner 321 Winthrop Dr 142 Simsbury Dr 401 Winthrop Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 wart and Norma Schwab Jodi Serling Gregory & Hillary Baker-Sharp 327 Winthrop Dr 139 Simsbury Dr 132 Simsbury Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Affidavit of Service by Mail Zoning Board of Appeals Meeting 07/ 18/2011 Terry Jane Starr Irene and Peter Stein Phyllis Sullivan dra PI 101 Brandywine Dr 140 Simsbury Dr Ittr ca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850, Chaw Susu Winifred and Robert Swarthout Theodore and Jeanne Thoren 329 Winthrop Dr 331 Winthrop Dr 3 Sandra PI Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 William Wendel and Elizabeth Peck John and Linda Wintje Tung-Mow and Ren-Huei Yan 123 Burleigh Dr 133 Simsbury Dr 136 Simsbury Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 *** 120 King Rd E Leslie and Karen Black Robert Chamberlain Jacob Crawford 107 Kings Way 70 Gunderman Rd 111 Kings Way Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 E.A.C. Montessori School Mark and Wendy Fonder Hayloft Art Studios, LLC 120 King Rd E 126 King Rd E 123 King Rd E Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca Estates Properties Manley' s Might Mart, LLC Evan Monkemeyer 123 King Rd E 1249 Front St 123 King Rd E Ithaca, NY 14850 Binghamton, NY 13905 Ithaca, NY 14850 Oresa. Peck Samuel Peter Trust Eric Schneider 113 Kings Way 1083 Danby Rd 124 King Rd E Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Town of Ithaca 215 N Tioga St Ithaca, NY 14850 *** Ithaca College, 230 Flora Brown Dr (953 Danby Rd) Ayman Abbad Peter Alario Leonisa Ardizzone 993 Danby Rd 1028 Danby Rd 7A 407 W Seneca St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Rodney Beers and Joseph Lee Martin Bowman Matthew Bryant & Kirsten Elzer 3B Vista Ln 1010 Danby Rd 1C Vista Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 N Clarey and Holland Jancaitis Gary Cleveland Travis and Kathy Cleveland 3D Vista Ln PM13522 PO Box 2428 721 Hudson St Ithaca, NY 14850 Pensacola, FL 32513 Ithaca, NY 14850 Mark and Jill Cordano Nathan Dennis Jason Dorvee Vista Ln 1019 Danby Rd 1032 Danby Rd a, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Robert Farley Stephen and Danalisa Gotz Joan Heffernan 1845 Richmond Ave 3C Vista Ln 3A Vista Ln Bethlehem, PA 18018 Ithaca, NY 14850 Ithaca, NY 14850 Jennifer Hudler Ithacare Ctr Svc Co Inc Althea Kelly 1022 Danby Rd, 7D 1 Bella Vista Dr 379 Hargrave St Ithaca, NY 14850 Ithaca, NY 14850 Inglewood, CA 90302 J Michael and Nancy Kelly William and Anna Larsen Pauline and Bruce Layton 379 Hargrave St 1005 Danby Rd 1029 Danby Rd Inglewood, CA 90302 Ithaca, NY 14850 Ithaca, NY 14850 and Mazza J McCollum and Laura Thomas Evan Monkemeyer 307 N Tioga St 1046 Danby Rd 123 King Rd E Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Jack Nelson Christy Parente Gina Parker 319 Van Kirk Rd 1013 Danby Rd PO Box 4524 Newfield, NY 14867 Ithaca, NY 14850 Ithaca, NY 14852 2 Affidavit of Service by Mail Zoning Board of Appeals Meeting 07/ 18/2011 O3 Richards Robert, Mary & Abigail Roemer Donald Schettni IM. Danby Rd 1D Vista Ln 115 W 73`d St, Apt 2d Ithaca, NY 14850 Ithaca, NY 14850 New York, NY 10023 Tompkins County IDA Travis Vahon and Ellen Crocker Shai Jun Zheng and Xiong Li PO Box 4860 1026 Danby Rd, 7B 1021 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Rick Couture, 'Associate Vice President Ithaca College 103 Farm Pond Rd Ithaca, NY 14850 Carrie Coates wfiitn ore, Deputy Town Clerk Town of Ithaca Sworn to before me this 8`h day of July 2011 . Public / Debre DeAugistine Notary Public - State of New York No* OIDE61435 Qualified n Tompkins County 'AY Commission Expires June 193 2b 3