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HomeMy WebLinkAboutZBA Minutes 2011-11-21 TOWN OF ITIHACA ZONING BOARD OF APPEALS Monday, November 21 , 2011 215 North Tioga Street, Ithaca 7 : 00 P. M. Agenda 1 . Call to Order. 2 . Consider Adjourned Appeal of Ithaca Realty, LLC 3 . Consider Cancellation of December 19 , 2011 meeting 4 . Consider Recommendation of 2012 Chair to the Town Board 5 . Consider 2012 Meeting Schedule 6 . Consider Recommendation of Appointment to the Codes and Ordinances Committee TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, November 21 , 2011 215 North Tioga Street, Ithaca 7:00 P.M. Adiourned Appeal of Ithaca Realty, LLC, owner, James and McKenzie Jones- Rounds, applicants , requesting a variance from the requirements of Chapter 270, Section 270- 144 "Permitted Principle Uses" of the Town of Ithaca Code to be permitted to operate a biodiesel production business located at 614 Elmira Rd , Tax Parcel No. 33. -3-2.42, Light Industrial . 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 : November 9, 2011 Published % November 11 , 2011 TOWN OF ITHACA ZONING BOARD OF APPEALS SIGWIN SHEET DATE : November 18 , 2011 (PLEASEPRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION a Cela4.- G 3 'z ,4i-ERZ FILE DATE _ A ZONING BOARD of APPEALS Monday, November 21 , 2011 7 : 00 p. m . Board Members Present: Kirk Sigel , Chair; Jim Niefer, Ron Krantz , Dave Mountin and Bill King . Staff Present: Bruce Bates , Director of Code Enforcement; Susan Brock, Attorney for the Town ; Carrie Coates Whitmore ; Deputy Town Clerk. Others : James and McKenzie Jones- Rounds , Fred Tolbert. Call to Order Chairperson Sigel called the meeting to order at 7 : 05 p . m . Adjourned Appeal of Ithaca Realty, LLC, owner, James and McKenzie Jones- Rounds, applicants, requesting a variance from the requirements of Chapter 270, Section 270-144 " Permitted Principle Uses" of the Town of Ithaca Code to be permitted to operate a biodlesel production business located at 614 Elmira Rd, Tax Parcel No. 33:3-2.42, Light Industrial . Mr. Jones- Rounds appeared before the board and thanked them for their time . Chairperson Sigel commented that the additional materials submitted to the board looked good and that he appreciated the extra effort put into compiling the materials . Mr. Jones- Rounds reflected that the last meeting was very helpful for them and it gave them a prompt to review their plans more thoroughly . Chairperson Sigel solicited questions and comments from the board . Mr. Mountin directed everyone' s attention to the DEC code issues section of the document presented to the board . He asked Mr. Jones- Rounds if the proposed operation would fall within 300 operating hours per year for processing equipment. Mr. Jones- Rounds explained . that Northern Biodiesel out of Rochester operates on the scale of 25 , 000 gallons ..of biodiesel production per day. Northern Biodiesel goes through the DEC air contaminant process by registering themselves as a facility that potentially contributes, but they never pass the 300 hours per year threshold even that their scale of operation . The equipment used to clean the air in order to reduce emissions is not used 300 hours per year. The rest of the machinery is run 24 hours per day. Mr. Mountin asked how much time is spent cooking or heating in the process . He wondered if that fell within the emissions controls that they were discussing . Mr. Jones= Rounds explained that the process that they would be running all day involves electrically run pumps and the generation of steam to heat the oil in order to make the reaction occur. The emissions that they want to monitor internally are carbon monoxide and methanol . The parts per million from an environmental standpoint are too low to be monitored . Mr. Mountin assumed that the only emission during the steam making process is the fossil fuel being burned for the combustion process . Mr. Jones- Rounds added that it Zoning Board of Appeals Minutes of November 21 , 2011 Final could also be the biodiesel that they are burning . He explained that the objective would be to burn their own fuel , but they have been advised from a financial standpoint to buy propane because it is cheaper. He would like to use biodiesel because it completes the loop . Mr. Mountin asked if there was propane or natural gas to the site . Mr. Jones- Rounds answered that there is an oil tank on the site , which depending upon the scale biodiesel is being sold at, can be the same price as home heating oil . Mr. Niefer directed the board 's attention to the proposed site design photos in the packets. He asked if the photo rendering represents the size of tank that will be used for the foreseeable future . He recalled that the written material referenced 10 , 000 gallons of vegetable oil , 10 , 000 gallons of biodiesel and then 1500 gallons of storage . Mr. Jones- Rounds responded that they anticipate having more or larger tanks on the outside of the property. He explained that they are considering how they would scale up , assuming business is successful . They do not anticipate trying to stuff as much as possible on the site . He said that they do not anticipate having a "tank farm " on the property, which is essentially rows of tanks on the property to accomplish storage needs . Mr. Jones- Rounds stated that it not an objective for this property. He explained that they anticipate being successful and profitable to a certain level that is fine for their first few years with the storage capacity planned for the site . A second property would be involved to increase storage and the 614 Elmira Rd site would be maintained as a boutique energy source—an alternative energy point that would not attempt to turn into a large distribution site . Ms . Jones- Rounds added that the tanks on the schematics are drawn to scale . Chairperson Sigel asked for the size of the storage tanks. Mr. Jones- Rounds stated that he would confirm the size of the tanks with an associate . Chairperson Sigel commented that three external storage tanks are proposed for the rear of the property. Mr. Jones- Rounds confirmed that there would be three and explained that they would be part of the concrete containment dyke . The containment area would also be for the trucks coming on site to pickup or deliver materials . Chairperson Sigel asked what the three tanks would be used for. Mr. Jones- Rounds explained that the two large tanks would be for finished biodiesel that is ready to be picked up or distributed on site . The other tank is for waste vegetable oil delivered from a pickup company or their own pickup . The smallest tank would be for prepared meth oxide . They have been adjusting their plans—previously they proposed storing both methanol and lye on site and mixing them on site . They have been strongly advised against taking that step on themselves . Chairperson Sigel asked if meth oxide is the same as sodium methalite . Mr. Jones- Rounds stated that when methanol is mixed with sodium hydroxide it becomes a solid , sodium methalite . Meth oxide is the active compound once it mixes with the oil . Page 2 of 10 Zoning Board of Appeals Minutes of November 21 , 2011 Final Mr. Bates recalled from the last meeting that biodiesel could not be stored outside because it would gel . Mr. Jones- Rounds explained that heated tanks are common in the biodiesel industry . Mr. Bates added that storing the material outside increases hazards and it will present another set of problems to be addressed . He said that the idea of storing the material inside was that it was contained and within the area . He asked what happens when the limits are exceeded . Would more tanks be added ? Mr. Bates explained that he was trying to make that determination because outside storage is not allowed in the zone . Mr. Jones- Rounds explained that the tanks will be plumbed into the building and are an extension of the building in that sense . Setting the storage tanks on the containment dyke was deliberating done for spill mitigation and having a counter control measure to be able to pump it immediately into additional storage , which would have to be inside . He did not have the details of the counter storage methods , but they are well- established for outdoor storage . It is rapid cleanup and must be ready to go . He said that the plan is to make outdoor storage more like indoor storage and it would have instant containment like there is with indoor storage . Mr. Jones- Rounds asked what limits could be placed to keep a good-faith arrangement that there would not be a gross expansion of some tank farm . He asked if there could be an agreement where they were not allowed to have more than a certain amount of storage on site . He reiterated that they want to keep the site clean and presentable for the neighborhood . Mr. Bates stated that the building code addresses storage in terms of as storage increases , then more things have to be done . The main thing the board needs to know is that you will comply with the building code . He explained that the building code classifies it as H occupancy, which is hazardous . There are many requirements that the applicant will have to meet. Mr. Bates was not sure how the use applies to setbacks from property lines, etc , but as the gallons of storage increases so do the requirements . The building code may limit what can be done . Mr. Jones- Rounds thought that it made sense and added that their estimation of the space is that it is a small , boutique space . He felt that that is what makes it attractive because it will help them to keep a good presentation and accessibility high . He went on to say if it is a matter of the amount that they plan to store on the site already being within setbacks , then they should find out as soon as possible . Chairperson Sigel noted that the traffic analysis projects 2 , 000 gallons per month . He wondered if 2 , 000 gallons referred to total production or the amount of anticipated retail sales. Mr. Jones- Rounds stated that the 2 , 000 gallons refers to the small volume sales component of their market. The bulk component of the market would be a once a month tanker truck pickup . Chairperson Sigel asked how much a tanker truck could hold . Mr. Jones- Rounds responded that they can hold up to 13 , 000 gallons . Chairperson Sigel asked if the truck pickups would be filling the trucks or would it be adding a biodiesel blend to a truck mostly filled with petroleum diesel . Mr. Jones- Rounds said that it depends upon the play-out of their interaction with other stakeholders . For example , if they were to contribute to Ehrhart's biodiesel blends that they are selling , it would be most likely splash blending the biodiesel into a tank already Page 3 of 10 Zoning Board of Appeals Minutes of November 21 , 2011 Final carrying home heating oil . It would possibly lead to more truck traffic because the 10 , 000 gallons would not be filled in one truck load , but rather 20 trucks if it is distributed at 5 percent. The other opportunity for bulk distribution would be with a biodiesel company that would have truck devoted entirely to biodiesel . The third option would be distributing through someone like Ehrhart that had a truck dedicated to biodiesel . Attorney Brock asked why the 50 , 000 gallon storage tank was needed if they were producing less than that per month . Mr. Jones- Rounds clarified that the internal storage capacity per tank is 2 , 000 gallons and the outdoor storage tanks have a capacity of 10 , 000 gallons . Mr. Bates asked Mr. Jones- Rounds if he knew if there was 60 feet to the side property line . Mr. Jones= Rounds believed the dimensions of the property to be 200' x 140' . He was confident that the south side had 60 feet, but did not think that there was 60 feet on the north side . Mr. Bates stated that the distance between the storage tanks and the property line would need to be taken into consideration . Ms . Jones- Rounds agreed that there was 60 feet on the south side . Mr. Jones- Rounds added that their main choice for locating the tanks in the proposed location was aesthetic reasons; they would move the tanks to the south side of the property if needed to comply with setbacks . He thought that it would be easier for the trucks to access the tanks from the south side . Mr. Bates stated that he was leaning towards determining the tanks to be outside storage . He asked if there would be a cover on the containment tanks . He went on to say that if it rains , the rain is in the dyke and it needs to be released according to DEC standards. Mr. Bates explained that they cannot just open the valve and let the rain water out; they need to have permission to drain it or someone needs to certify that there are no contaminants . Ms. Jones- Rounds explained that the dyke is open when it is not used . Mr. Jones= Rounds thought that it would pose a problem if there was residue on the dyke that would make rainwater flowing over it contaminated . He said that if the dyke was contained entirely then rainwater would never come into contact with anything . Mr. Bates asked if the tanks themselves would be in a dyke area. Mr. Jones= Rounds responded that they would be , but the drawing does not depict it. Mr. Bates added that if the tank ruptures , the dyke needs to be able to hold the volume within the tank. He thought that the applicant might need to come back before the board for a variance for the storage . Attorney Brock explained that if the applicant receives a use variance , then they can work with Town staff to see what constraints might require area variances . The applicant might be able to rework things before going to the Planning Board so that the need for variances is minimized . She explained that the light industrial zone does not allow outside storage , but does allow accessory storage buildings . She suggested constructing an enclosure on two sides of the containment area that attach to the building , leaving the front area open . The structure would then be considered a storage building . She thought that there might be simple workarounds like the example she gave that would minimize the need for variances . Ms . Jones= Rounds stated that they are not able to make a lot of final decisions until they get there and figure things out because of the newness of the business. She did not Page 4 of 10 Zoning Board of Appeals Minutes of November 21 , 2011 Final think any amount of sketching , drawing or photo shopping would entail all of the details that will arise as they start the process . She added that they are flexible about things that can be changed to help the site be safe and attractive . Attorney Brock noted that there are a lot of signs depicted in the drawings submitted . She wanted to make the applicant aware of the Town 's sign law and that it is restrictive . She suggested that the applicant review Chapter 221 of Town Code and talk with the Planning Department about signs as part of the site plan approval process should they get a use variance . Chairperson Sigel asked if outside storage would be an area variance or a use variance . Attorney Brock did not know; she was unsure if there had ever been a request for outside storage in the light industrial zone . Mr. Bates wondered if Ithaca Beer had outside storage . Chairperson Sigel stated that Ithaca Beer does have the silo . Ms . Jones- Rounds stated that she was told the existing sign was grandfathered in as long as it was not modified ; the signs shown on the schematics are not set in stone . Mr. Bates stated that the board should focus on the use and then if it is allowed , the applicant can focus on the next thing . Chairperson Sigel added that if an aspect of their plan it not allowed then it would be addressed during site plan review. Chairperson Sigel asked Mr. Bates if the outside storage tanks would be permitted . Mr. Bates said that they would not be . Chairperson Sigel felt better knowing that the outside storage tanks were not allowed , especially being visible from the road . He added that if that aspect has to come back before the board , then they do not have to be too concerned with it at this point. Mr. Jones= Rounds commented that it sometimes is beneficial to be forced to spend money for site improvements . Chairperson Sigel stated that the discussion about the dykes involves meeting code requirements. He solicited questions and comments from the board . He asked the board if they felt ready to proceed with a vote . He followed up by asking if there was an aspect of the proposal that should be part of a condition of the approval . Chairperson Sigel thought it would be appropriate to have a condition regarding the premixed form of ethanol and sodium hydroxide since the applicant has stated that it is much safer. Then if the applicant wanted to stop using the premix, they would have to come back before the board . He also suggested a condition that what is done is substantially as indicated on the plans submitted to the board . Mr. Mountin stated that a lot of it is going to come down to the building code and what is applicable . Chairperson Sigel agreed that there were a lot of hurdles . Ms . Jones= Rounds stated that they have not signed a lease yet because they did not want to commit a lot of resources until they knew they could use the site . She thought that if they receive the use variance , then they would be ready to dive into specific building code issues . Page 5 of 10 Zoning Board of Appeals Minutes of November 21 , 2011 Final Mr. Bates asked if the building has a sprinkler system . Ms . Jones= Rounds said that it did not. Chairperson Sigel assumed that some type of fire suppression system would be required for this type of use . Mr. Bates confirmed that a fire suppression system would be required . Ms . Jones= Rounds added that they would feel more comfortable with a fire suppression system . Chairperson Sigel confirmed that seqr review was needed . Attorney Brock stated that the board needed to reopen the public hearing . Public Hearing Chairperson Sigel opened the public hearing at 7 : 43 p . m . Fred Tolbert spoke in support of the appeal as a member of the biodiesel board . He stated that he lives in Ithaca and has a degree from Cornell University in chemical engineering . His current day job is designing water filtration systems and that he is a current member of the Ithaca Biodiesel Board . Mr. Tolbert stated that the board is committed to doing something that is good for the community and that it is important to them that they have the respect and approval of the community and the board . They want to do something that is right for the environment and the community and do it responsibly. He reiterated that their public image is very important to them . There being no further comments , Chairperson Sigel closed the public hearing at 7 : 44 p . m . SEAR Ms . Whitmore reviewed changes Mr. Bates made to Part 1 of the environmental assessment form (see form in zoning board file with Mr. Bates' initials) . Chairperson Sigel confirmed with Mr. Bates that the project would need site plan approval from the Planning Board . Chairperson Sigel moved to make a negative determination of environmental significance based upon the information in Part 1 and for the reasons stated in Part 2 of the environmental assessment form . Mr. Niefer seconded . Vote—carried unanimously. ZB RESOLUTION 2011 -056: Environmental Assessment, Ithaca Realty, LLC, 61_4 Elmira Rd, Tax Parcel No. 33. =3-2. 42 MOTION made by Kirk Sigel, Seconded by Jim Niefer. RESOLVED, in regard to the appeal of Ithaca Realty, LLC, 614 Elmira Rd, that this board makes a negative determination of environmental significance based on the information in the Part 1 environmental assessment form and for the reasons stated in the Part 2 environmental assessment form. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King Page 6 of 10 Zoning Board of Appeals Minutes of November 21 , 2011 Final NAYS: None. Motion was carried unanimously. Chairperson Sigel then moved to grant the appeal of Ithaca Realty, LLC , owners , James and McKenzie Jones- Rounds , applicants , to be permitted to operate a biodiesel production business at 614 Elmira Rd , Tax Parcel No . 33 . -3-2 . 42 , Light Industrial Zone with conditions that the facility be substantially laid out and operated as indicated by the plans submitted to the board and that the methanol and sodium hydrate mixture be bought premixed , and finding that all requirements of a use variance had been satisfied , specifically listing how each criterion was met. Seconded by Mr. Krantz. Vote—carried unanimously. ZB RESOLUTION 2011 -057. Use Variance, Ithaca Realty, LLC, 614 Elmira Rd. Tax Parcel No. 33. -34.42 MOTION made by Kirk Sigel, Seconded by Ron Krantz. RESOLVED, that this board grant the appeal of Ithaca Realty, LLC, owner, James and McKenzie Jones-Rounds, applicants, requesting a variance from the requirements of Chapter 270, Section 270- 144 "Permitted Principal Uses" of the Town of Ithaca Code to be permitted to operate a biodiesel production business located at 614 Elmira Rd, Tax Parcel No. 33. -3-2. 42, Light Industrial Zone, with the following: Conditions. 1 . That the facility be laid out and operated in a manner substantially similar to that which is proposed in the plans submitted by the applicant to this board, except as might be changed by the Planning Board or Building Code required changes, and that the tanks shown as located outside on the renderings would be permitted to be enclosed to comply with Town Code or moved indoors. 2. Specifically, the applicants ' statement that sodium hydroxide and methanol will not be stored separately and mixed on site is a condition of this variance. That product, as stated in their plans, must be bought premixed. Findings: That the applicant has demonstrated unnecessary hardship, including all of the following: 1 . That they cannot realize a reasonable return as substantiated by competent financial evidence, given the current evidence that the applicant has submitted showing a loss on the property for at least approximately the last five years, 2. That the alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood given the fact that this property, as documented by the Page 7 of 10 Zoning Board of Appeals Minutes of November 21 , 2011 Final applicant for this application and also for previous use variance applications, is fairly small for the district it is in and also has had a history of retail use and an orientation towards retail use, and therefore, is less suited for typical light industrial uses than other properties in this , district, 3. That the requested variance will not alter the essential character of the neighborhood and that the manufacturing activities will take place indoors and they won 't create any objectionable noise, odor, vibrations, light or other impacts that would be perceived off the site, the amount of traffic generated by this use is no greater than the amount of traffic which would be generated by permitted light industrial uses, any anticipated changes to the exterior of the property will be consistent with the exterior facilities one might expect to find at light industrial facilities, and according to the applicant, no odor is anticipated beyond the boundaries of the property, 4. That the alleged hardship has not been self-created given the long history of this property's difficulty in finding tenants that extends well before the current owner purchased the property. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Agenda Item = Approval of meeting schedule Mr. King noted that December 12 , 2012 should be changed to December 17 , 2012 . Board agreed . ZB RESOLUTION NO. 2011-058: Town of Ithaca Zoning Board of Appeals. Meeting Schedule for 2012 MOTION by Kirk Sigel, seconded by Dave Mountin. BE IT RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca adopts the following schedule of meetings for the Year 2012. The Town of Ithaca Zoning Board of Appeals will meet at 7:00 p. m. on the third Monday of the month in the Town Board Room in Town of Ithaca Town Hall, unless otherwise noted. January 23, 2012 (Third Monday is Martin Luther King Day) February 27, 2012 (Third Monday is President's Day) March 19, 2012 April 16, 2012 Page 8 of 10 Zoning Board of Appeals Minutes of November 21 , 2011 Final j May 21 , 2012 June 18, 2012 July 16, 2012 August 20, 2012 September 17, 2012 October 22, 2012 (Third Monday is Town Board meeting) November 19, 2012 December 17, 2012 A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin, King, NAYS: None. Motion was carried unanimously. Agenda Item — Nomination of Chair for the Year 2012 ZBA Resolution No. 2011 -059: Recommendation for ZBA Chair, Year 2012 Motion made by James 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 for the year 2012. A vote on the motion resulted as follows: AYES: Krantz, Niefer, Mountin and King. NAYS: None. ABSTAIN: Sigel. Motion was carried. Agenda Item — Cancellation of December Meeting Mr. Bates reported that there were no agenda items scheduled for December. He suggested that the board cancel its December meeting . Board members agreed . Page 9 of 10 Zoning Board of Appeals Minutes of November 21 , 2011 Final Agenda Item — Recommendation of Appointment to Codes and Ordinances Committee ZBA Resolution No. 2011 -060: Recommendation of appointment to Codes and Ordinances Committee Motion made by Kirk Sigel, seconded by Ron Krantz. Resolved that this Board recommends to the Town Board that Bill King be re-appointed as the Zoning Board of Appeals representative to the Codes and Ordinances Committee for the year 2012. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King. NAYS: None. Motion was carried unanimously. Other Business Mr. Niefer announced that his term expires December 31 , 2011 and that he is not seeking reappointment. He commended Chairperson Sigel for a job well done serving as chair. Chairperson Sigel thanked Mr. Niefer for serving on the board and stated that he has been an excellent board member. Mr. Bates stated that he would miss Mr. Niefer as a member of the board . Adjournment Chairperson Sigel adjourned the November 21 , 2011 meeting of the Zoning Board of Appeals at 8 : 07 p . m . Kirk tigel Chairperson Carrie Coat s_1Nhitmore , Deputy Town Clerk Page 10 of 10 FILE DATE j ADOPTED RESOLUTION ZB RESOLUTION 2011 =056 Environmental Assessment Ithaca Realty, LLC 614 Elmira Rd Tax Parcel No. 33 .=3-2 .42 November 21 , 2011 MOTION made by Kirk Sigel , Seconded by Jim Niefer. RESOLVED , in regard to the appeal of Ithaca Realty, LLC , 614 Elmira Rd , that this board makes a negative determination of environmental significance based on the information in the Part 1 environmental assessment form and for the reasons stated in the Part 2 environmental assessment form . A vote on the motion resulted as follows : AYES : Sigel , Krantz , Niefer, Mountin 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 21St day of November, 2011 . Deputy Town rk Town of Ithaca FILE DATE l ! ADOPTED RESOLUTION ZB RESOLUTION 2011 =057 Use Variance Ithaca Realty, LLC 614 Elmira Rd Tax Parcel No. 33.=3-2.42 November 21 , 2011 MOTION made by Kirk Sigel , Seconded by Ron Krantz. RESOLVED , that this board grant the appeal of Ithaca Realty, LLC , owner, James and McKenzie Jones- Rounds , applicants , requesting a variance from the requirements of Chapter 270 , Section 270- 144 " Permitted Principal Uses" of the Town of Ithaca Code to be permitted to operate a biodiesel production business located at 614 Elmira Rd , Tax Parcel No . 33 . -3-2 . 42 , Light Industrial Zone , with the following : Conditions: 1 . That the facility be laid out and operated in a manner substantially similar to that which is proposed in the plans submitted by the applicant to this board , except as might be changed by the Planning Board or Building Code required changes , and that the tanks shown as located outside on the renderings would be permitted to be enclosed to comply with Town Code or moved indoors . 2 . Specifically, the applicants' statement that sodium hydroxide and methanol will not be stored separately and mixed on site is a condition of this variance . That product, as stated in their plans , must be bought premixed . Findings . That the applicant has demonstrated unnecessary hardship , including all of the following : 1 . That they cannot realize a reasonable return as substantiated by competent financial evidence , given the current evidence that the applicant has submitted showing a loss on the property for at least approximately the last five years , 2 . That the alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood given the fact that this property, as documented by the applicant for this application and also for previous use variance applications, is fairly small for the district it is in and also has had a history of retail use and an orientation towards retail use , and therefore , is less suited for typical light industrial uses than other properties in this district, 3 . That the requested variance will not alter the essential character of the neighborhood and that the manufacturing activities will take place indoors and they won't create any objectionable noise , odor, vibrations , light or other impacts that ZB RESOLUTION NO, 2011 -057 Page 2 of 2 would be perceived off the site , the amount of traffic generated by this use is no greater than the amount of traffic which would be generated by permitted light industrial uses , any anticipated changes to the exterior of the property will be consistent with the exterior facilities one might expect to find at light industrial facilities , and according to the applicant, no odor is anticipated beyond the boundaries of the property , 4 . That the alleged hardship has not been self-created given the long history of this property's difficulty in finding tenants that extends well before the current owner purchased the property. A vote on the motion resulted as follows : AYES : Sigel , Krantz , Niefer, Mountin 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 21St day of November, 2011 . Deputy Towr dlerk Town of Ithaca FILE jai ADOPTED RESOLUTION : ZB RESOLUTION NO. 2011 =058 DATE Town of Ithaca Zoning Board of Appeals Meeting Schedule for 2012 November 21 , 2011 MOTION by Kirk Sigel , seconded by Dave Mountin , BE IT RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adopts the following schedule of meetings for the Year 2012 , The Town of Ithaca Zoning Board of Appeals will meet at 7: 00 p . m . on the third Monday of the month in the Town Board Room in Town of Ithaca Town Hall , unless otherwise noted . January 23 , 2012 (Third Monday is Martin Luther King Day) February 27, 2012 (Third Monday is President's Day) March 19, 2012 April 16, 2012 May 21 , 2012 June 18, 2012 July 16, 2012 August 20, 2012 September 17, 2012 October 22 , 2012 (Third Monday is Town Board meeting) November 19, 2012 December 17, 2012 A vote on the motion resulted as follows : AYES : Sigel , Krantz , Niefer, Mountin , 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 21St day of November, 2011 . �y Deputy Town '124erk Town of Ithaca FI ! E DATE i 3 ADOPTED RESOLUTION ZBA Resolution No. 2011 =059 Recommendation for ZBA Chair November 21 , 2011 Motion made by James 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 for the year 2012 . A vote on the motion resulted as follows : AYES : Krantz, Niefer, Mountin and King . NAYS : None . ABSTAIN : Sigel . Motion was carried . 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 21 st day of November, 2011 . ` kjj Deputy Town C erk Town of Ithaca FILE DATE 1 24 ADOPTED RESOLUTION ZBA Resolution No. 2011 =060 Recommendation of appointment to Codes and Ordinances Committee November 21 , 2011 Motion made by Kirk Sigel , seconded by Ron Krantz. Resolved that this Board recommends to the Town Board that Bill King be re- appointed as the Zoning Board of Appeals representative to the Codes and Ordinances Committee for the year 2012 . A vote on the motion resulted as follows : AYES : Sigel , Krantz, Niefer, Mountin 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 21 st day of November, 2011 . Deputy Tom- erk 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, November 21 , 2011 7 : 00 P . M . Date of Publication : Friday, November 11 , 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, November 9 , 2011 Carrie Coates itmore Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 15th day of November, 2011 Notary Public DEBORAH, KELLEY Notary Public, State of New York No . OIKE6025073 Qualified in Schuyler County S Commission Expires May 17, 20 JU F- r!daY. November 11 -- - - -- _.� 2U11 THE IT - -- - CA JOURNAL- I TOWN OF ITHACA 1 ZONING BOARD OF NOTICE APPEALS LS PUBLIC 1 HEARINGS JS . Monday,.November 21 , 2011 f 215 North Tioga - Street, Ithaca 7:00 P.M. )Adjourned q 'Realty, LLC �nero, Jam ow es) �antl , McKenzie Jones. Rounds, applicant s, re- ' questing a variance from) ter the requirements of Chap. 270,� Section 270. 144 Perrnitted Principle Uses"; of the Town of Ithaca Code( a be permitted to operatev jbiodiesel production busi- � Iness .I cat ed at 674 Elmira Rd. Tax Parcel No. 33. -3- ; 2.42, Light Industrial. t t I Assistance will be provided (1 for individuals with special needs, - upon request Re- quests should b lese made not s than 48 hours prior to 1 ( the public hearings. 1 I Bruce W. Bates ( Director, of Code Enforce-1 ment 607-273, 1783 i Dated: November g, 2011 j 11/11 /2011 Y` AFFIDAVIT OF SERVICE BY MAIL 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 the0 day of November 2011 , deponent served the within Notice upon the property owners of the follows"ng Tax Parcel Numbers: *** 614 Elmira Rd Allen Becker Burkhart Services, Inc Elmira Rd LLC 88 Hillview Rd 6917 Vista Parkway N, Suite 6 PO Box 6437 Spencer, NY 14883 West Palm Beach, FL 33411 Ithaca, NY 14851 Ferrara Realty Inc Grigorov Family LLC Iacovelli Brothers Construction 408 S Albany St 629 Coddington Rd 610 Elmira Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca Realty, LLC Mancini Realty Pennsylvania Lines LLC 1150 East 28 h St 608 Elmira Rd 110 Franklin Rd SE Brooklyn, NY 11210 Ithaca, NY 14850 Roanoke, VA 24042-0028 People of New York State Robert & Mary Swansbrough Leo Teeter and Ann Lillie Empire State Plaza, Building 1 15 Piper Rd 214 Wood St Albany, NY 12238 Newfield, NY 14867 Ithaca, NY 14850 Carrie Coates Viffitinore, Deputy Town Clerk Town of Ithaca Sworn to before me thisJO day of November 2011 . Notary,�Pubiic' DEBQRAH KELLEY Notary Pbblic,`Staie of New York No , 01 KE6025073 Qualified in Schuyler County Commission Expires May 17, 20