HomeMy WebLinkAboutZBA Minutes 2022-02-08 Town of Ithaca
Zoning Board of Appeals
Tuesday,February 8,2022 @ 6:OOpm
215 N. Tioga St.
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Agenda
• 0031-2021 Appeal of Cornell University,Owner; Paul Stemkoski,Agent/Applicant;
of Tax Parcel No. 62.-2-4
• 0001-2022 Appeal of Hoffmire Properties LLC,Owner; Jason Demarest,
Applicant/Agent; of 961 Taughannock Blvd.Ithaca,NY, 14850, Tax Parcel No.21.-2-36
• 0002-2022 Appeal of Cornell University,Owner; Kimberly Michaels,
Applicant/Agent; of Tax Parcel No. 63.4-8.1
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TOWN OF ITHACA
ZONING BOARD OF APPEALS
February 8, 2022
Minutes
Present: David Squires, Chair; Members Chris Jung, Bill King, George Vignaux, David
Williams
Marty Moseley, Director of Codes; Paulette Rosa, Town Clerk; Becky Jordan, Deputy Town
Clerk; Susan Brock(Appeal 0031-2021 & 0001-2022) and Lorraine Moynihan Schmitt (Appeal
0002-2022), Attorney for the Town
Mr. Squires opened the meeting at 6:00 p.m.
0031-2021 Appeal of Cornell University, Owner; Paul Stemkoski, Agent/Applicant; of Tax
Parcel No. 62.-2-4, low density residential, seeking relief from Town of Ithaca Code section
270-223 (Fences and walls; retaining walls) and section 225-3 (New buildings required to have
sprinkler systems) for a proposal construct a baseball field, support building, press box, public
restrooms, and associated fencing. Town of Ithaca Code section 270-223 limits the size of
fencing to no more than 6 feet in height, where portions of the proposed fencing will be
approximately 8 feet, 30 feet, and 40 feet in height due to its use connected to a baseball field.
Town of Ithaca Code section 225-3 requires certain types of newly constructed buildings to have
a sprinkler system installed, where the press box and the public restroom are both proposed to
not to have a sprinkler system installed.
David Nardone, Stantec Principal; Mike Mantell, Stantec Civil Engineer; Leslie Schill, Cornell
University Planner; David VanderPoorten, Cornell University Project Manager.
Mr. Nardone shared a presentation of the new Cornell Baseball Field saying that the site falls
away from the intersection and is nestled down the slope by over 50 feet. Descriptions of the
fences needing a variance include 40' feet of safety netting behind Homeplate and the baselines;
20' feet for the batters' eye in center field; 8' feet of chain link fence for the outfield; and 30'
foul poles, which are NCAA requirements or recommendations/industry standards for safety.
The site topography minimizes the visibility of the proposed fences, and the safety netting will
be transparent and very hard to see from the roadway.
The sprinkler variance is being requested for the press box which is 374'sf and the public
restrooms which are 543's£ These are metal structures with low combustible loads and exits to
the outdoors are less than 1,000 ft away. These are low occupancy structures with the press box
having 16 seats and a maximum load of 28 people and three exits, and the bathroom having one
ZBA 2022-02-08 (Filed 2/14) Pg. 1
exit with a maximum distance to that exit of 40' feet. Both are seasonal use only and unheated in
winter.
Mr. Nardone stated that adding sprinklers would increase the cost each of the structures by 5%.
Discussion
Mr. squires asked if this new field is replacing the existing Hoy Field and if there are sprinklers
in the current press box.
Mr. Nardone responded that it was replacing the existing and the current press box does not have
a sprinkler system.
Mr. King asked why the NYS Fire Code doesn't require sprinklers in these structures.
Mr. Nardone replied that structures under 1,000sf are not required to be sprinklered under NYS.
Mr. Moseley clarified that NYS Fire Code is based on occupancy and the proposed occupancy
wouldn't trigger the need for a sprinkler system under NYS.
Mr. King asked what the occupancy of the press box is.
Mr. Mantell replied that the square footage would allow for 28 people but there are only 16 seats
in the building.
Mr. King asked what the stated hardship for the variance is.
Mr. Nardone replied that part is the increased cost and secondly, that the structures will be used
for very limited times during the year.
Mr. King asked if these structures would be heated.
Mr. Nardone replied that the bathrooms will have heat.
Mr. King asked what the cost to put sprinklers in these structures would be.
Mr. VanderPoorten replied that it would be about $20,000.
Mr. King asked what the cost of the entire project is.
Mr. Nardone replied that it is around $13 million.
ZBA 2022-02-08 (Filed 2/14) Pg. 2
Mr. King commented that the sprinklers are a small percentage of the overall cost and that it
seems hard to establish a hardship based on this low percentage of cost, which is about 1%.
Discussion followed on the criteria of the sprinkler law that needs to be applied to determine
whether a variance can be granted, and the majority of the Board felt the hardship criteria could
not be met.
Mr. Squires opened the public hearing. There was no one wishing to address the board and the
public hearing was closed.
ZBA Resolution 0031-2021 Sprinkler Variance
Cornell University, TP 62.-2-4
February 8, 2022
Resolved that this Board denies the appeal of Cornell University, seeking relief from town of
Ithaca Code Chapter 225-3 which requires sprinklers in newly constructed buildings for the
proposed press box and public restrooms with the following:
Findings:
1. That strict application of the Town of Ithaca Code Chapter 225-3 will not cause a
practical difficulty or unnecessary hardship, given the entire facility is being newly
constructed and facilitating the installation of a sprinkler system is being done for other
structures on the site nearby and the stated increase in the cost of the project for the
sprinklers in question is approximately $20K in a project valued at $13M for a
calculation of less than 1% of the project costs, and
2. The omission of an approved sprinkler system from the requested structures will
significantly jeopardize human life, given the seating capacity of the stadium and the
probably high use of the bathrooms and the elevation of the press box.
Motion by David Williams, seconded by Chris Jung
Votes: aye—Jung, King, Williams, Squires nay—Vignaux
ZBA Resolution 2021-0031 Height Variance—Fence
Cornell University, TP 62.-2-4
February 8, 2022
Resolved that this board grants the appeal of Cornell University seeking relief from Town of
Ithaca Code, Chapter 270-223 for three fences approximately 8' feet, 30' feet and 40' feet in
height where 6' feet is allowed, with the following
Conditions
ZBA 2022-02-08 (Filed 2/14) Pg. 3
1. That the fences be installed substantially as shown in the application materials, and, with the
following
Findings
That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of
the community, specifically
1. That the benefit that the applicant wishes to achieve cannot be achieved by any other
means feasible given that the fences are recommended or required by NCAA rules and
are needed at the sizes indicated for their use on the baseball field to protect spectators
from baseballs, and
3. That there will not be an undesirable change in the neighborhood character or to nearby
properties given this is an athletic field and fences of this height are normal and the
property is very large with no neighboring residences within 1,000 feet of the fences and
the elevation and topography of the field is lower than the intersection with the public
roadway which lowers the visual impact of the fences, and
4. That the request is substantial given that 6' feet is allowed, and
5. The request will not have adverse physical or environmental effects based upon the
information in SEQR Form Parts 1 & 2 and the reasons stated in Part 3 in the applicant's
submission and the Planning Board's negative declaration of environmental significance
as Lead Agency; and
6. That while the alleged difficulty is self-created in that the applicant wishes to construct a
baseball field in this zone, nevertheless, the benefit to the applicant does outweigh any
detriment to the health, safety, and welfare of the community for the reasons stated
above.
Motion by Bill King, seconded by David Williams
Votes: aye—Jung, Williams, Squires, Vignuax, King
0001-2022 Appeal of Hoffmire Properties LLC, Owner; Jason Demarest, Applicant/Agent;
of 961 Taughannock Blvd. Ithaca, NY, 14850, Tax Parcel No. 21.-2-36, is seeking relief from
Town of Ithaca Code sections 270-205 (Nonconforming structures) and 270-43 (C) (Permitted
accessory structures and uses), 270-46 (F) (yard regulations), and 270-219.5 (Stream setback).
Town of Ithaca Code section 270-205 only allows for a non-conforming building to be moved,
altered, or enlarged in a specific manner, where the existing single-family building is being
demolished and a new building is proposed to be built not in conformance with the Town of
Ithaca Code stream setback requirements, as required per section 270-219.5. Town of Ithaca
Code section 270-43 (C) allows for up to two accessory buildings not to exceed 600 square feet,
where the property currently has three accessory buildings totaling less than 600 square feet.
Town of Ithaca Code section 270-46 (F)requires buildings to be located at least 25 feet inland
from the ordinary high-water line, where the existing gazebo is located approximately 5.5 inches
ZBA 2022-02-08 (Filed 2/14) Pg.4
from the ordinary high-water line.
The current property is located in the Lakefront Residential Zone,
Due to multiple changes the appeal was tabled until receipt of revised proposal and details.
0002-2022 Appeal Cornell University,Owner; Kimberly Michaels,Applicant/Agent,Tax
Parcel No. 63.4-8.1, is seeking relief from To of Ithaca Code section 270-219.5 (Stream
setback) for a proposal to enlarge a proposed fire apparatus access road contiguous to the main
building at 161 Synchrotron Drive, Ithaca, NY, 14850. Town of Ithaca Code section 270-219.5
requires building activities to occur outside of the Stream Setback area,where a parking area,
located adjacent to the fire apparatus access road, and a portion of the fire apparatus access road,
are being proposed to be enlarged and are located in the Stream Setback area.
The current property is located in the Low-Density Residential District Zone.
Ms. Michaels noted that this is a request for reaffirmation of Board approval granted November
18, 2021 to acknowledge changes required by Town of Ithaca Code and New York State Fire
Code. Changes include three small pavement additions within the 50' and 100' stream setback.
One for the fire hydrant on the south side for code width required, ADA parking space to the
west closer to the door, path out back to be made permanent for fire access per fire inspection.
Final site plan approval from the Planning Board was granted February 1, 2022.
Mr. Moseley offered that these minor changes are identified by the State as being required for
the access to the building.
Mr. Squires opened the public hearing at 7:43 p.m. There were no public comments, and the
public hearing was closed.
ZBA Resolution 0018-2021 Area Variance Reaffirmation
Cornell University, New Experimental Hall,TP 63.4-8.1
February 8,2022
Resolved that this board reaffirrns the variance granted on November 18, 221, ZBA Resolution
0018-2021, as stated and acknowledges the minor changes to the original submission as
described and finds the acceptable.
Motion by Bill King, seconded by George Vignaux
Vote: aye—Squires,Jung, Williams, Vignaux, King
Motion to adjourn by Bill King, seconded by George Vignaux
Submitted by
Becky Jor eep
a eputy Town Clerk
ZBA 2022-02-08(Filed 2/14) Pg. 5