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HomeMy WebLinkAboutZBA History Combined (17) Zoning Board of Appeals History as of 68.-1-1.2 189 Pleasant Grove Road Tax Parcels involved, with address if known 189 Pleasant Grove Road 68.-1-1.2. With no subdivision or readdressing. Country Club of Ithaca History: 2003 – Special Approval to expand country club - Approved 1994 – Height Variance for accessory building – Approved TONA'N OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS i\70NDA1'. AUGUST 18. 2003 7:00 P.M, By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, August 18, 2003, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M., on the following matters: APPEAL of Richard Leonardo, Appellant, requesting variances from Article IV, Sections 14 and 16 and Section 280A of New York State Town Law to create building lots, by subdivision that does not have direct lot frontage on a Town, County, or State highway off of Sesame Street, Town of Ithaca Tax Parcels No. 37-1-20.5, -20.6, and 20.7, Residence District R-15. Access to said lots will be provided for by a 60-Toot right-of-way. APPEAL of the Country Club of Ithaca, Appellant/Owner, Schopfer Architects LLP, Robert Seigart, AIA, Agent, requesting a special approval from the Town of Ithaca Zoning Board of Appeals under Article V, Sections 18.3 of the Town of Ithaca Zoning Ordinance, to be permitted to expand and renovate existing facilities located at 189 Pleasant Grove Road, Town of Ithaca Tax Parcels No. 68-1-1.2 and 71-7-1, Residence District R-30. Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S. Frost Director of Building and Zoning 273-1783 Dated: August 7.200: Published: August 11. 2003 Zoning Board of Appeals Minutes July 21, 2003 FINDINGS: a. The requirements for an area variance have been satisfied. CONDITIONS: a. No building permit shall be issued for any construction on Parcel 1 or Parcel 2 until the driveway shown on the site plan as running from West Haven Road to_the back end of Parcels 1 and 2 is constructed with an adequate base and other characteristics satisfactory to the City of Ithaca Fire Department so as to permit ingress and egress to such lots by fire and other emergency equipment and the Town Director of Building and Zoning is provided with a written letter from such Fire Department certifying that such driveway is satisfactory. b. Evidence be provided to the Attorney for the Town that the use of the land under the New York State Electric and Gas easement for a driveway is not inconsistent with the grant of the easement to New York State Electric and Gas. Such evidence be provided prior to issuance of any building permits for either Parcel 1 or Parcel 2. The vote on the a MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Dixon NAYS: NONE The MOTION was declared to be carried unanimously. AGENDA ITEM : Declaration of Town of Ithaca Planning Board as lead agency in the appeal of the Country Club of Ithaca Mr. Frost — There's one more agenda item for the Board on the EAF for the Country Club of Ithaca. There is a letter, I think from Mike, is it from you? Mr. Smith — Yeah and actually I put a new copy on the table tonight because the one, at least in my packet, didn't have a back to it, which included the paragraph asking for your coordination and concurrence with the Town of Ithaca Planning Board being the lead agency for the Country Club of Ithaca. They're looking to add an addition to the club house, addition to the pool house, parking spaces, walkways, landscaping, that type of thing. It isn't only an unlisted action, but we're proposing to do it as a coordinated review because it's going to involve site plan from the Planning Board, special approval from the Zoning Board and then site plan also from the Village of Cayuga Heights. This project does cross the boundary between the two, so it's going to require approvals from three different Boards. Objection to the Planning Board being lead agency. 33 Zoning Board of Appeals Minutes July 21, 2003 Mr. Niefer — Did it mention that the maintenance building facilities are also involved in this project? Mr. Smith — No, the maintenance facilities down on Pleasant Grove Road are not involved, it's just the club house and pool house area. There is actually a site plan up on the wall, if you want me to point out what is taking place. Mr. Barney — Does the lead agency status include the pool house? Mr. Smith — No, the pool house is going to be under separate, that's under Cayuga Heights. Mr. Niefer — They didn't tell you anything about the maintenance building facility as being part of the project? Mr. Smith — No, I believe the one that you are talking about is down Pleasant Grove Road. Right. That is not involved with the project. This just includes a 9500 square foot addition to the club house, an addition to the pool house, parking spaces, stormwater facilities, walkways and landscapes. Mr. Niefer — Is this a memo you received from whom? Mr. Smith — From the applicants? Mr. Barney — The Country Club, Mr. Smith — They mentioned that any changes or additions that they are doing to the maintenance facilities and stuff will be a separate project at a separate time. They're looking to get this going so that they can do the construction through the winter time. Chairperson Sigel — I assume that the Village will need to concur, also, with lead agency? Mr. Smith — Yes, they are doing that at their August meeting also. The Planning Board is looking to address the site plan at the August 5th meeting. Chairperson Sigel — Did you want us to take a vote? Mr. Barney — You should have a Motion that we concur with the designation — Mr. Niefer — I abstain because I am a member. Chairperson Sigel — Okay. 34 Zoning Board of Appeals Minutes July 21, 2003 ZB RESOLUTION NO. 2003= 047: Designation of Town of Ithaca Planning Board as Lead Agency in County Club of Ithaca Expansion. MOTION made by Kirk Sigel, seconded by Andrew Dixon. RESOLVED that this Board concurs with the designation of the Town of Ithaca Planning Board to act as lead agency in regard to the Country Club of Ithaca application as presented. The vote on the a MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Dixon NAYS: NONE ABSTENTIONS: Niefer The MOTION was declared to be carried Chairperson Sigel adjourned the meeting at 8:55 p.m. Kirk Sigel, Chairperson Lori Love, Deputy Town Clerk 35 Zoning Board of Appeals Minutes August 18, 2003 a. The requirements for an area variance have been satisfied. CONDITIONS: a.� An easement be submitted to the Town Attorney showing the right of "Revised Lot 4" to access the current Sesame Street over what is labeled as "future Allison Drive" on the survey submitted with the applicant's packet, such easement to be effective until such time as there is direct public access to "Revised Lot 4". b. Subject to the conditions contained in the August 15, 1995 Planning Board Resolution. c. Subject to the conditions contained in the August 5, 2003 Planning Board Resolution No. 2003-058 for subdivision approval. The vote on the a MOTION resulted as follows: AYES: Sigel, Krantz, Niefer, Dixon NA YS: NONE ABSENT. Ellsworth The MOTION was declared to be carried unanimously. APPEAL: The Country Club of Ithaca, Appellant/Owner, Schopfer Architects LLP, Robert Seigart, AIA, Agent, requesting a special approval from the Town of Ithaca Zoning Board of Appeals under Article V, Sections 18.3 of the Town of Ithaca Zoning Ordinance, to be permitted to expand and renovate existing facilities located at 189 Pleasant Grove Road, Town of Ithaca Tax Parcels No. 68-1-1.2 and 71=7=1, Residence District R-30. Dave Schlosser, Schopfer Architects, 1111 James Street, Syracuse — Bob Seigart's partner. As we speak, he's at the Village of Cayuga Heights. On behalf of the Country Club of Ithaca, we are here requesting special approval for a renovation and expansion of the club house and parking lot. The Country Club has been in existence for over a hundred years. It is located on 105 acres, shown in green, of which approximately 92 acres, shown right here are in the Town and approximately 13 acres, which is in the Village of Cayuga Heights. The property is surrounded on the north by Hanshaw, to the west by Pleasant Grove, east by Warren Road and then to the south by Cornell University's golf course. The primary access to this site is northwest corner, off of Pleasant Grove. The two primary buildings are located in the northwest corner. The building located here is the two story club house, approximately 1,300 square feet existing, of which we are proposing 9,000 square foot addition. Then, adjacent to it, in the Village, is a one story seasonal building, the pool house of which we are proposing a 600 square foot pavilion. There is parking expansion in both the Village and the Town, as proposed. In addition to the two primary structures, the amenities on the site, obviously the 18-hole golf course. Adjoining Hanshaw are two tennis courts. Shown at this particular location is a chipping green. The driving range, just west of the pool is a 7 Zoning Board of Appeals Minutes August 18, 2003 small play ground and then, of course, they have the two pools, one wading pool and one a full swimming pool. The zoning for the site in the Town is an R-30, which requires a special approval for an expansion. The Planning Board has issued a resolution granting preliminary site plan approval, naming themselves an lead agency for an unlisted action and issuing a negative determination of environmental significance. We've brought two photographs of existing conditions, just for reference purposes. You can see from there, basically this is the building as it faces Hanshaw Road, which presents itself as a one-story building towards Hanshaw Road opening to a two-story building towards the golf course to the south. Adjacent to it is the one-story pool building. The parking lot, looking towards Hanshaw is screened almost fully to Hanshaw, screened entirely to any residential neighbors and we've given you photographs of the views from the golf course as well as an existing irrigation pond, which is part of the 181h fairway. That will be used and what we have submitted it as storm water management report which actually shows diversion of the parking lot water to this particular pond. To show you very quickly what is being proposed. Hanshaw Road to the bottom of this sheet, south to the top of this sheet in this particular case, What's shown in light blue is the existing facility. What's shown in dark is the proposed expansion. Once again, it presents itself as a one-story building, similar to the existing towards the parking lot, a two-story building towards the golf course. The expansion of the pool house is actually elimination of the two paddle tennis courts and an addition of an outdoor pavilion for expansion of patio dining, the snack bar both on the golf and the pool side. The primary purposes of the expansion, there is an increase in dining for approximately a little of 200 to 300. They have 354 memberships currently. The majority of the added expansion is actually being used for increase in services, almost to doubling the size of the kitchen. The building was done, originally, in 1958, it has had very little expansion or renovation to it. Obviously, it has outgrown its services. The locker rooms are being fully re -done, essentially its entire interior renovation, new mechanical systems, building systems and replacements. What's shown shaded in the dark gray is the expanded parking lot. The area to the north is shown as parking right here, is actually used as over -flow parking right now. It is a grass area. Adjoining it to the north is a fully screened, the 20 and 30 foot trees that we showed you and then the Town to Village property goes approximately right through, this particular location, essentially, right through the addition. I think what's been agreed to is the Town is taking the lead on the environmental aspect and, as I understand it, basically we're here for the special approval related to the addition to the club house and it's parking and we're at the Village tonight for the pool addition. The appearance upon completion for the parking lot will be a very subdued look. This is the member's entry as one approaches from the entrance on Pleasant Grove. It's materials are stone and the NIFS and the existing brick and an asphalt shingle roof to blend with the existing. A couple of key points are that from current setbacks, the setback along Hanshaw, the building currently is 350 feet, we will remain 350 feet once the addition is done because the angles, it actually ends up to be the same on your footage. A couple of other dimensions, our closest neighbor currently is 295 feet, we will end up to be 280 feet, approximately a 15 foot difference. 190 feet separation of parking existing, it will end up to be 180 feet. All of these as well as the fact that I think our lot coverage is approximately 0.2 percent because of the golf course, we are well under and fully in compliance on all the zoning ordinance issues. One point, with respect to the Planning Board resolution, the Ro Zoning Board of Appeals Minutes August 18, 2003 resolution of approval of the preliminary site plan approval was made contingent upon approximately nine items, which I would image you have copies of? The resolution of all those, in satisfaction of those, we will submit within two days to the Town Planning Board additional site drawings basically showing satisfaction of all those including the full and complete erosion control plan and storm water management plan and finally a letter and drawing outlining methods and means for mitigating an issue that was raised at the last Planning Board meeting relating to some errant golf balls on the 70 year old chipping green. It was suggested that the golf balls were going over Hanshaw Road. The issue is one the Country Club is unaware of until recently, but it is one that they want to resolve and what's being proposed is between the chipping green and Hanshaw Road, a berm will be created, a landscape berm with shrubbery on top of it. We have additional information showing distances and travel distances and I think it ends up to be something in the neighborhood of over 100 yards if someone chips it over Hanshaw Road. So all that information will be provided to Mike within two or three days, gearing towards, hopefully our final site plan approval. And with that, I guess, I would open up to questions. Chairperson Sigel — Anyone have any questions? Mr. Niefer — I, for the record, will be abstaining for discussion and voting on this subject as a member of Country Club. Chairperson Sigel — Okay. I had a question about the membership number. The number was quoted in the materials that we have as 354 memberships. Mr. Schlosser — There are potentially more than one person in a member ship and for that purpose, what we actually did is we gave the Planning Board two means of looking at the parking. One, we took it based on what we had actually talked to staff about, which was 354 memberships divided by five, requiring 71. Looking at it more conservatively, what we told them was that if a membership included a family or if it included potentially a visitor, there was the potential for more than one car per membership so we took an average of 1.5 cars and that comes up to be 106 parking spaces, which is within ten percent of the proposed 113 parking spaces. Chairperson Sigel — Okay. Is that acceptable to you John, as far as meeting the parking space requirement. Mr. Barney — I haven't looked at it. I assume it would be, the Planning Department is very good with these sorts of things. Chairperson Sigel — The zoning law states a ratio of members to parking spaces and in this case, there's not a one to one correspondence between memberships. Mr. Barney — What is the average number of members between membership. What's your total? X Zoning Board of Appeals Minutes August 18, 2003 Mr. Schlosser — It's 354 memberships. What we basically showed is that if there was more than one car per membership we took, what we felt was a very conservative number, which is 1.5. Mr. Barney — Don't you have a number. I assume you have some records. Mr. Schlosser — Well, there's family memberships and things like that, but obviously the children don't drive and things of that nature. Dave Farris and Clyde Bennett. If one of you want to respond to that. Dave Ferris, 5 Belvedere Drive — I'm the chairman of the building committee. The membership of the Country Club, to say what the average is may be a little difficult, but maybe I can give you some idea. A family membership counts as one membership, but you can have somebody with four or five children and a spouse with cars. For example, tonight before I came down here, we played golf over there. There were three cars there. There was mine, my wife's and my son's. But some memberships can be single memberships, single individuals that join, they may be just couples. So, to try and figure out the average number might be a little bit difficult. Mr. Barney — You don't have a total number? Chairperson Sigel — Do you know how many members you have, though? Mr. Ferris — You mean individuals? Chairperson Sigel — The size of each family. Mr. Ferris — I don't think that anybody has actually totaled the total number of heads of people that belong to the Country Club. Mr. Barney — So you don't know, for example, if the family and how many kids belong through the family? Mr. Ferris — Do you keep the numbers? Inaudible voice from the audience Mr. Ferris — I don't recall anybody ever asking for them, but we could probably supply those numbers. Chairperson Sigel — The reason I'm asking is because the Town ordinance specifies the ratio of parking spaces to members of a club, not memberships. Not really allowing for a membership to include, possibly, more than one person. So, technically, it would seem that we need to look at the number of members of your club. 10 Zoning Board of Appeals Minutes August 18, 2003 Mr. Ferris — That's why I say that it's a little hard to define because there is only one whole member per family, like I'm the member for our family. Chairperson Sigel — But it is a family membership? Mr. Ferris — The family membership. Then under the family membership, my wife and my kids could come there and have the privileges of the club. Chairperson Sigel — So, are they considered members of the club? Mr. Ferris — The membership belongs to an individual in the family, but the families are part of the membership. I know it sounds crazy. Chairperson Sigel — So, they're members. No, it makes perfect sense. There's a family membership and it works the same way at a lot of other clubs. Mr. Schlosser — There is another way to take a look at this. You could sit there and the seating capacity in the dining space is 300, like in any restaurant if you basically took one to five, you could do a seating count that way. No matter how we structure this, it comes in and around that 100 to 113 so we are under the numbers. Chairperson Sigel — Well, we're potentially not under the number if you counted all the members. Mr. Schlosser — Well, all I can say is when we talked to staff it was discussed as memberships and it was divided up that way and then, on our own, we took the initiative to offer up the 1.5. Chairperson Sigel — I'm not necessarily saying that I think you need more space, I just want to make sure that if you need a variance, for instance for parking, that you get everything taken care of. Mr. Schlosser — All I can suggest is that we went to staff and talked to them and, from what I understood, we are not requesting or needing a variance with respect to parking. Chairperson Sigel — Do you have any idea what percentage of your memberships are family versus individual? Inaudible voice from the audience Chairperson Sigel — What do you think John? It wasn't advertised so I don't think we could necessarily grant that variance tonight anyhow. Mr. Barney — On the parking? Chairperson Sigel — The parking. 11 Zoning Board of Appeals Minutes August 18, 2003 Mr. Barney — Well, the Planning Board could also reduce the requirements of parking by up to 20 percent, I think. Mr. Smith — It probably gets a little tricky because not all the parking is within the Town either. A lot of it goes down the road. Mr. Barney — Into the Village. Chairperson Sigel — I mean, if you assume, two members to a family, then obviously one for an individual, they'd still probably be within the 20 percent that the Planning Board is allowed to adjust. Mr. Barney — See, if you had 80 percent of your 354 memberships are family. So, that suggests that at least the number of people would be 80 percent of 354 plus 354. You're really looking at about 650. Chairperson Sigel — Yeah, 630 or 635. Mr. Barney — We're talking about one space by five. Chairperson Sigel — I'm not suggesting you should have any different than what you have, I'm just trying to make sure that if you need a variance for the number that you want to have, that you get that, rather than not get a variance and have someone potentially come back later and say you should have had one and that only would cause a problem for you. Mr. Barney — So about 125 to 128 would be the five to one ratio. Chairperson Sigel — 120 something. Mr. Barney — And how much do you have 113. Mr. Schlossler — 113. All I can comment on, I guess is that the same numbers were presented at the Planning Board and the conditions of site plan approval, from their respect, did not suggest a variance in parking. We presented the 354 as memberships and I don't want to hide the fact that we tried to conceal that a membership is anything less than potentially a family. Chairperson Sigel — They're certainly close if the Planning Board can vary it by 20 percent, but they didn't. Mr. Barney — But they didn't, number one. And number two, we're operating kind of blindly here because we are saying - Chairperson Sigel — We're still guessing. 12 Zoning Board of Appeals Minutes August 18, 2003 Mr. Barney — 630 is really assuming that all the family memberships are two person memberships and that's probably an unrealistic assumption. I assume that you have multiple — Inaudible voice from the audience Mr. Barney — I'm not arguing that statistic as much as — and I'm not arguing, I'm just basically suggesting that we look at memberships as being the individuals and have the right to enjoy the privileges. The assumption that we are making here that all family memberships are just two people is not a realistic assumption. What we don't know is whether we're looking at 630 people or 950 people or 1500 people. Mr. Schlosser — I guess one of the observations I would make is that we are asking for an expansion from 71 to 113. There is much more land available and from a variance aspect, if it was ever determined that we needed more, it could be provided on the property, obviously. So, it's not as if what we're proposing is a maxed out layout for parking. The property certainly has the potential for a great deal more. Mr. Barney — You say the seating is for 350? Mr. Schlosser — 300. Mr. Barney — In the dining facility? Mr. Schlosser — In the dining facilities. You know casual and everything else. On average they seat somewhere around, without any special event, somewhere in the neighborhood of 40 to 100 on a weekend evening. Mr. Barney — I guess I wouldn't lose any sleep over it. I think maybe you want to consider a condition that says that in the operation of the facility after it's expanded over the next couple of years, if under repeated circumstances where there is inadequate parking, the Country Club will come back in and plan. Mr. Schlosser — I guess the other point and observation we would make that obviously the primary functions of membership are pool, golf and social and they're not all running a peak hour at the same time either. You've got a pool operation, obviously, which is peak hour during the day. You've got golf, which is spread out quite regularly. The restaurant dining certainly is typical six to eight or nine o'clock at night. So, they're really all out of sync. Chairperson Sigel — You obviously have an idea currently of how much your parking needs exceed your capacity. Mr. Schlosser — They're actually parking on the overflow area, that's used right now, which I believe staff has actually observed. We're actually just paving areas that in maxed out situations, they currently park on now. 13 Zoning Board of Appeals Minutes August 18, 2003 Chairperson Sigel — Have you experienced any situations were your proposed parking would not be sufficient? Mr. Ferris — I have been a member of the Country Club since 1982 and Jim has been there longer than I have and I can't think of a single time, at maximum capacity, where we have not had parking contained within our normal space, except parking on the overflow area, in the grass where we're proposing to continue the parking lot. Mr. Barney — That's for a facility that seats how many now? Mr. Schlosser — 200. Mr. Barney — So you're basically adding 50 percent to your facility. Mr. Ferris —There J s probably never going to be a function where you would have 300 people dining at the same time. That's if we put tables everywhere we can. We probably would max out around 200 to 210 because you have to have room for that kind of a function, room for the dance floor, for the entertainment so that makes a difference. Mr. Barney — What's the 300? Mr. Schlosser — The totally maxed out seats and everything like that. Mr. Barney — So, you're saying you're providing for 300, but you're never going to use 300? Mr. Schlosser — Well, we could seat 300 if we had to. Mr. Barney — I'm just asking because I don't understand the logic of what you are saying. Mr. Schlosser — It has the capacity. Mr. Barney — You have it, if that's your max and that, to me, is what you have to provide for, in some fashion, with respect to parking. If you had a max of 200 before and you filled up your overflow on the grass, you're now expanding that capacity by 50 percent, the question that I have is don't you think that you're going to need a little more parking, if you've maxed out before using two-thirds of the space. Mr. Schlosser — We actually are. We're going from 75, up to 113 parking spaces. Actually the parking spaces that are in the Village are not overflow. Mr. Barney — And how many of over flow are over there? Mr. Schlosser — That are down in this area? 14 Zoning Board of Appeals Minutes August 18, 2003 Mr. Barney — No, the ones that are next to the parking lot itself. Mr. Schlosser- The expansion in that area? It's probably about 50 percent of what we are proposing to expand. Mr. Barney — And how much of that overflow are is filled at any one time? When you have a special event or something like that are they all filled? Mr. Schlosser —Yes. Mr. Barney — And that's, what, about ten spaces on each side. Mr. Schlosser — No, that actually goes down the side. There is more parking there than there is over here. This shows a small scale there. We've actually given full site plans to the Planning Board. There are probably about 20 parking spaces. The land actually dips down about five feet so we actually have to fill it. Chairperson Sigel — What's the requirement for a restaurant? Mr. Barney — A restaurant is one for every five seats, I think. So, they're well within the restaurant. Chairperson Sigel — Yeah. If it does everything separately, but obviously they're going to overlap. Mr. Smith — In writing up the Environmental Assessment, it was very hard to come to any numbers for either parking or traffic. We were looking at both of those in any of our manuals or guides. It was hard with the different uses on the property to come up with one number for them. You could come up with the restaurant or the membership club and then comparing it to other golf courses, none of them are compared the same way within even the nine holes, versus 18 or not having the restaurant facility or club house. It was hard to come up with exact numbers and comparisons. Chairperson Sigel — Obviously we can't grant a variance because it wasn't advertised so we can just not grant anything with regard to parking, just not touch upon it at all. But that just seems to be leaving the, hanging there. Mr. Barney — Well, what you could do also is grant the special approval, I suppose, conditional upon an application for a variance from the parking requirements being submitted in some period of time. That would enable them to move forward with the project. Mr. Schlosser — Would we be able to go back to Planning Board to get final approval before we got that contingency resolved? Mr. Barney — It's a little tricky. 15 Zoning Board of Appeals Minutes August 18, 2003 Mr. Schlosser — I guess I don't fully understand, I think we've basically discussed, under most scenarios, here, in all cases we come up under the 113. 1 guess I don't understand why — Mr. Barney — You don't come up under 113 if you ply the numbers. Quite frankly, I'm sorry I didn't pick this up. We have an astute Chair here, which is why we have two boards to look at this. You don't come under 113 if you use members under any reasonable interpretation of how you count the number of people that are there. If you assume every family membership is two adults, minimum. If they're like some of my colleagues who are members of the club, they also have children that are also able to drive or, as happened today with Mr. Ferris, who has a spouse and a son show up in separate vehicles. It's not clear to me that your number of parking is right. It's not clear to me either because of what your history is. You're history is based on a facility that is somewhat smaller that what you are planning to have when you are done. I'm not necessarily saying that they will require additional parking, but we're operating with imprecise numbers and it would be helpful to have the actual numbers from the club and then make a determination and part of the determination ought to be what the parking that you are recommending is probably sufficient with some sort of an agreement or condition that if it turns out not to be sufficient, that more parking would be provided. Mr. Schlosser — There are two directions, one, you can get a variance for what we've got and two, we can show the additional parking to the Planning Board and ask to defer it because we don't feel we need it. Which, basically, I think the Planning Board has the ability to do and for example, right now, if we continued that parking right on down Pleasant, we could probably get another 20 or 30 parking spaces and still hold out distances from Pleasant Grove. Mr. Ferris — There are two things. Number one, the uniqueness of the Country Club is that if we have a large function, not everyone is going to come in two cars. The couples will come together in one car. That's number one. Number two, we're trying to avoid having the entire place covered with blacktop. Mr. Barney — That's a concern of the Planning Board and the Town as well. We're not asking you to blacktop areas you're never going to need. On the other hand, they don't want to give approvals to a project that is going to compel a need and what I'm finding or feeling here is inadequate information to make a reasonable determination and struggling for some way we can proceed here to allow you to go ahead and get your project underway, but reserve that determination to a point where you can come up with the information in a frequency of time that you can use your overflow and to the extent that you have used it and give the Board a reasonable basis to make a determination. Mr. Schlosser — Would it be acceptable if our response was, if we knew what the number was, rather than go for a variance, we would show where we would provide those parking spaces and then, again, does not the Planning Board have the ability to or authority to cut 16 Zoning Board of Appeals Minutes August 18, 2003 back on the required, if we show that we have the potential to build it, but we just don't want to construct it now? Chairperson Sigel — Yeah, right. That would, almost certainly, be satisfactory. Mr. Schlosser — I guess that's what I'm suggesting we would do is, between now and our final site plan approval, we will show that absolute worst case, counting every member that we can find and we will show those parking spaces on site. We would show also, that what we would like to build is what we've proposed here. Mr. Ferris — Do these parking spaces have to be paved? Mr. Schlosser — That's what I'm talking about. Mr. Barney — What we'd normally do and I'm just trying to make sure that we can do it. The Planning Board will consider a reduction from the maximum, up to I think 20 percent, they can do without the need for variance, as long as there is an area designated on the plot plan, that if it becomes necessary, they will be paved or at least surfaced in a way that is acceptable for parking purposes. I'm just trying to make sure because I know it applied to commercial zones. Now, I've got to make sure that it also applies here. Mr. Krantz — You know, getting back to the basics on this, in our bylaws, does it specifically distinguish between individual and family memberships? Mr. Barney — It quotes in terms of members. Chairperson Sigel — It just says one space for each five members. So, members I have to assume are people. Mr. Krantz — Could members be memberships? Chairperson Sigel — You could possibly interpret it that way, that's not how I would interpret it. Mr. Ferris — I can tell you in our bylaws, it says only one vote per membership because there is only one actual member per membership. Mr. Krantz — That's a good point. Ms. Rice- So, it's more like you have one member and then you might have five or six related guests. Chairperson Sigel — The fact that you have a family membership, though — Mr. Ferris — All members of the family can't vote. The membership belongs to a specific person in the family. 17 Zoning Board of Appeals Minutes August 18, 2003 Chairperson Sigel — I understand that. But it doesn't make sense to have a family membership if it's really the case that only one person is a member. You may have only one vote per family, but, obviously those other members of the family are members. You allow them to play at the course. They enjoy the same privileges as an individual member. They are functionally members, it would seem to me at least. Could we let them just proceed as they're going and essentially, it's up to them to either provide the parking or convince the Planning Board that they don't need the parking or get a variance for the parking? Mr. Ferris — I guess the issue would be that if we can't convince the Planning Board, the Planning Board would send us back here for permits. Chairperson Sigel — Right. Mr. Ferris — I guess I'm asking to — Chairperson Sigel — We can't really — there are a couple of reasons that we can't give you a variance tonight. One, we didn't advertise it. Two, we don't have the exact number of members that you have really to base it on, so you would need to provide us. Mr. Ferris — I guess I would suggest again is that what we would do is in the documents we submit to Planning Board, we would submit those proposed parking spaces that we would like to build and then we would submit the additional numbers of members and if that comes up 125 or 130 parking spaces, we will show how we will accommodate them, of which case we wouldn't be back here for a variance anyway. Chairperson Sigel — Right, and that seems perfectly reasonable. What are you looking up there? Mr. Barney — Well, the 20 percent reduction applies in the business zones, I'm not sure it applies in a residential R-30, which is really what this is. So, in effect you're making an interpretation of whether the number of parking spaces provide is in compliance with the zoning ordinance and that memberships would be interpreted as being one member per one membership is all you need to provide the parking space for and making your calculations. Chairperson Sigel — Well that's one option. One option is that we could do nothing tonight, regarding parking. Technically they would be taking some small risk if they went ahead with the project. Mr. Barney — Except you're giving special approval for the project, so, on one hand, you're saying special approval and on the other hand you're saying "wait a minute, you've got a problem with your parking but we're not going to deal with it. So, I'm a little uncomfortable giving a special approval. There's an implicit level for everything. What's your timing to get back to the Planning Board? Zoning Board of Appeals Minutes August 18, 2003 Mr. Schlosser —We I re on the agenda for the next Planning Board. Mr. Barney — Which is September — Chairperson Sigel — Second. Mr. Barney — Okay, not tomorrow night. This Board doesn't meet again until September — Ms. Rice — 21 st Mr. Schlosser — Not that it's your problem obviously, but we need to be in the ground by the end of September because of the shut down periods of the golf and things like that. Mr. Barney — It depends on how strongly you feel about the parking. Chairperson Sigel — I don't feel that strongly. Mr. Barney — Then I'd probably go ahead and take care of your special approval and leave it alone. Mr. Smith — The environmental analysis that we did, the write up that the Planning Board looked at is based on the 354 memberships for the parking. Mr. Barney — Not the total number of people? Mr. Dixon — Anybody want to buy a bike? Chairperson Sigel — Maybe you could encourage your members to bike to the club. Anyone else have any concerns? Is everyone comfortable with, essentially, ignoring the parking issue or accepting the analysis done so far? Mr. Barney — Or you could make it conditional that the Planning Board revisit the issue and satisfy itself. That way, it's really in the hands of the Planning Board, Mr. Dixon — Where it belongs. Chairperson Sigel — Mike, any further comments on the Environmental Assessment? Mr. Smith — No, it was a coordinated review between the Zoning Board, the Planning Board and the Village of Cayuga Heights Planning Board. The Town Planning Board, at their last meeting, made a negative determination. Chairperson Sigel opened the Public Hearing at 7:59 p.m. 19 Zoning Board of Appeals Minutes August 18, 2003 Chairperson Sigel — Anyone interested in speaking? Please just begin by stating your name and address. Bernie Hutchens, 1016 Hanshaw Road — Directly across from what I understand is the chipping green. We've had problems with the balls coming across the road for years, the five years that we've been there. We've also had trouble with the noise. The noise from their parties, they're way too loud. When we call, we get very little response. It might go down for 15 minutes and then it comes up louder. They've got a lot of bands and DJ's who presume that everyone that's there came to hear them and they've very prone to keep turning it back up. Until the management makes some effort to actually control those people, it's just not going to be done. Now, as for the ball, when I came into the Planning Board Meeting I brought one ball and I held it up to show people because I thought that defines where my property was because these are the ones that came across. Nice visual aid, but later on in the meeting as the Country Club people started talking, they were talking about that they had never heard of this. It started being called and isolated incident. I thought," well, gee the problem was there was only one ball." So, I came better prepared tonight. I've got a box full. There are fifty in here. This is a shrizon, I think those are the ones that they are using now. There are some in here, I won't bore everybody, but this one says "property of" and on the other side it says "Country Club of Ithaca", so that's where they're coming from. I also would like to return these to the Country Club. I have a receipt I made out, if they would care to sign it, they can have the box, fifty balls back, it sounds like may be able to use the money. These come across at different velocities and different ways. Some of them just dribble across the road, come down the green and they get across. Some of them come across on the fly, pretty hard. I saw one young person who was hitting balls out there one came bounced and went across at my eye level, 15 feet from me. It didn't hurt me. When I started to look, the next one hit their fence on their side and bounced back, the third one came across the road on the fly, went into the Hartman's yard, on the fly, and landed right next to where some of their kids have these toys, yard toys, slides, those kinds of things. They weren't there, the kids were not there. So, there are people that this proposed thing, this berm, plus this shrubbery, I don't really know how big that is. Maybe it's a fifty foot berm, presumably they're going to work that out with Planning. I don't know how high the shrubbery is, maybe they'll be redwoods. You've got to wait for them to grow a little bit. I don't know if that's going to work, I have no idea. It sounds like something that the problem could be solved in another way. There are people that are hitting balls over the houses. Right now there are, as I looked, there are five balls down past over at Hartman's house. So, there are some people that think it's very clever to whack a ball into the woods, well the empty woods because there couldn't possibly be anybody. Okay these fifty balls are fifty of hundreds that we've had in five years. Most of these we toss back and when I say toss back, I don't mean that as soon as I find one I pick it up and heave it across the road because that would be obviously as dangerous as the ball coming across in the first place. Neither do I, when I find one, walk over to the road and wait for it to come across and get that one and go back and get another one. What we do when we find one, is we throw it over to the side and eventually these accumulate into small accumulations and then, eventually we get around to getting them across the road in a safe manner. 20 Zoning Board of Appeals Minutes August 18, 2003 So, when I went and I say " I think I'll bring in a ball" last time, to the Planning Board meeting, I said "I know exactly where to get one" because we've got a pile of them that's there. Earlier in there year I had thrown across a whole bunch, but we had another pile going of which I think there were 15 or 20. So I said " why don't I go out and get one off of that pile". So, I go out and I look, the pile is gone. Here we are a couple of days before this Planning Board meeting and the pile is gone, somebody has removed them. I don't know who has removed them, I have some ideas why somebody might have had motive for removing these, but of course, the Country Club didn't know there was a problem, so they say and further, if they had come across, they would have been trespassing because it was about 60 or 70 feet inside my property. So, there is some kind of a mystery about this, but I don't think there is any particular mystery about the way to fix this, to fix it right and that's to turn the green around, to hit south, rather than north, instead of trying to put up a wall, which somebody is always going to be able to shoot over. Why not turn it around and shoot south? It seems like that would even be less expensive than building this berm. So, well, the reason that they don't want to do it is because they will be shooting at themselves. They might hit one of their own members, instead of some poor little tyke in a stroller going down the road, which would be acceptable. So, it is a dangerous situation. I would like the Town to recognize this and to, when they sign off on whatever this is, that they understand that I'm thinking that the Town is partially responsible if they decide that this is something that should be allowed to go on. Now, could we let it go? I don't know when we're going to get the chance to get their attention anymore. I've called them several times about the balls coming across and "oh, yeah, yeah, yeah" they don't do anything. So, right now, that we've got their attention because they want some kind of special approval would be the time to tell them "Why don't you solve the problem, turn the green around, shoot the other way?" The other thing about this is, you've said this is R-30. This is not R- 30, this is R-15. The place where that green is R-15. 1 don't know whether that makes a difference, but it seems to me that that's the Town saying this is a more congested area, there are more people here, therefore why are you shooting balls from R-30 into the green, which is R-15, rather than turn it around and shoot from R-15 into R-30. I think that probably you should have advertised in your notice that part of this property is in R-15. Okay, that's all I have. I'm not looking for a partial fix here. We're concerned about the noise. When we complain about the noise, we get a partial fix. They turn it down for a few minutes, it comes back up. If they decide that they fix this by putting up the berm and this shrubbery and it doesn't work, then what happens? When do we get their attention again and say now you've got to do something when people start shooting over that? At what point do we tell them, turn it around and shoot south. It's simple. That's about all I have to say. Chairperson Sigel — Is there a time in the evening which you would — well, let me ask a different question. How late have you heard the music? When it has bothered you. Mr. Hutchen — They usually quiet by midnight and they don't respond to requests to turn it down. This last, I think it was two days before the Planning Board Meeting, they were very quiet. They had a party and we said "Are they having a party, it doesn't sound like it." We couldn't hear them and I thought it was very strange and we said "Oh, today we got a thing in the mail that said there is a Planning Board and they're on their best behavior because 21 Zoning Board of Appeals Minutes August 18, 2003 they don't want to stir everybody up and get them down to that Planning Board meeting." It was very, very quiet until 11:15, which my guess would be someone went home that was holding the mob down. Then at 11:15 it got loud. It did not stop at 12. We did not call them, we said "It's only going to be at 12, they always stop at 12." but it went boom, boom, until 12:18. 1 know exactly when they turned it off. Mr. Krantz — Do any of your neighbors share your sentiments? Mr. Hutchens — Apparently. As it says in the letter there, when I talked to Mr. Bennett, the first thing he said was "Are you the guy who called the police the last time?" and I wasn't because I have never called the police. I called the Country Club, but apparently someone had called the police. Then finally, he hung up on me and said "why don't you call the police?" Or something like that, so I did. I called the Cayuga Heights Police Department and asked them to go up. It got quiet for a while and then it came back up. It was "We Are Family" was the song that I particularly remember, it coming back. Mr. Krantz — Have you ever spoken with any of your neighbors? Your neighborhood has a lot of houses. Do any of you neighbors feel they have a problem with the golf balls and the music? Mr. Hutchens — I don't know the neighbors that well, except the two that are on the side of me and both of those happen to be Country Club members. They're extremely nice people, we think very highly of all of them, but I have not discussed it. I have not discussed with the Hartman's the fact that that ball had come into their yard. I'm sure they must have found other balls. The other family, the Caruthers, they actually live much further down on the other side. Ms. Rice — I can't speak for the Village, but we have not received any noise complaints ever for the Country Club. We have nothing documented. Mr. Hutchens — The noise complaints, I believe, go to the Cayuga Heights Police Departments. Ms. Rice — But, because it's in the Town, a neighbor could call and file a complaint with us and we've never received any. Chairperson Sigel — Do you know, off hand, what the noise statutes are as far as time and levels? Ms. Rice — Fridays and Saturdays it is until midnight. During the week, the daytime hours is until 10 p.m. Chairperson Sigel — And what levels are they? 22 Zoning Board of Appeals Minutes August 18, 2003 Mr. Barney — There are two, one's unreasonable and unreasonable is defined as to basically what a reasonable person at the boundary of the property would think is unreasonable. Chairperson Sigel — Okay, so it's a subjective standard? Mr. Barney — Sort of semi -subjective. Then there is a flat decibel. Mr. Hutchens — If you're talking about decibels, you have to have a reference level, plus a distance at least. Now how is that defined? Mr. Barney — The decibel level is an absolute level defined at the perimeter of the property where the noise is emanating from. Chairperson Sigel — At the boundary of the Country Club property. Mr. Hutchens — How many decibels? Mr. Barney — 55 at the property line during the evening and I think 60 during the day. Mr. Hutchens — Can anybody tell me how much 55 decibels is? Mr. Barney — We're actually right in the process of investigating the requirement meter to have available to measure that. Mr. Hutchens — Well, 60 decibels is about a conversational level as people converse with each other. Mr. Barney — Quite frankly, I don't know. Mr. Hutchens — So, it's not as loud as people suppose and you have to be aware that you are talking about peak here. The peak levels are not the same as the average. The average decibel level. A thunderstorm would qualify. Mr. Barney — Well, we don't attempt to regular thunderstorms. We don't regulate anything other than amplified sounds. Mr. Hutchens — Right. Chairperson Sigel — Is the sound that disturbs you mainly on, say, Friday and Saturday night or is it throughout the week. Mr. Hutchens — It's only when they are having their outside parties. They just get out of hand. I understand exactly what happens because I've been at places like that where the band thinks that everyone came to hear them and they just get louder and louder. I don't 23 Zoning Board of Appeals Minutes August 18, 2003 know how the people at the Country Club can stand it. They can't even talk to each other it's so loud. Chairperson Sigel — And this has happened on nights other than, say, Friday and Saturday? Mr. Hutchens — No, I think it has always been on a Saturday night. Chairperson Sigel — Okay. When it would be allowed until midnight at an increased level. The level would decrease at midnight. Mr. Hutchens — We experience that they usually stop at midnight, but not this last time. Chairperson Sigel — Is there a level specified after midnight. Mr. Barney — This is a nighttime level period, 55, it has nothing to do with midnight. Chairperson Sigel — Is the daytime level higher. Mr. Barney — They daytime level is 65 or 60 - 60. Chairperson Sigel — The only thing that we could do there is to try to encourage the Town to actually go out and measure and enforce the statute that we have. They don't have any kind of a variance or permission to exceed the Town Law, Mr. Barney — Well, actually there is a mechanism. You could get a noise permit, which allows you to exceed the limits. That's an application that needs to be made to the Town Board and it's usually for a specific one-time event. Ms. Rice — We do not currently have a decibel meter or any way of measuring that actual level. Mr. Barney — The other prong of it is that it is unlawful for any person to use or operate any radio, receiving set, musical instrument, including (inaudible) or other machinery, device for producing or reproducing sound that during the nighttime hours as defined in the town ordinance as producing unreasonable noise within any residential zone. Unreasonable noise is defined as any excessive or unusually loud sound which, at the boundary line of the property from which the sound emanates, either annoys, disturbs, injures, endangers the comfort, repose, health, peace or safety or a reasonable person of normal sensitivities or which causes injury to animal life or damage to property. That language comes out of a case that upheld the validity after striking down an early version of a similar ordinance. Mr. Hutchens — Could you imagine, perhaps, one way to figure out what's reasonable. is what the rest of the neighbors do. None of them play any loud music. There is no amplified music, I don't know why, I'm just glad. The rest of the neighborhood, there is nobody 24 Zoning Board of Appeals Minutes August 18, 2003 playing loud music, so maybe that defines what the neighborhood considers to be reasonable. Mr. Barney — I don't think it's what the neighborhood considers to be reasonable. It's what a reasonable person, with normal sensitivities would consider to be reasonable. Chairperson Sigel — It's an attempt to have at least a quasi objective. Mr. Hutchens — Well, apparently the reasonable people with reasonable sensitivities recognize that it is impolite to play loud music or at least decide not to do so. Mr. Barney — I don't want to get into a debate, but what one neighborhood does is a little bit like pornography, what the national standard is as opposed to local standards is a completely different standard. It's acceptable in — Mr. Hutchens — I'm just saying with the exception of the Country Club, it's quiet. Mr. Barney — That doesn't necessarily mean they're unreasonable by this definition. Mr. Hutchens — They're just being impolite. Chairperson Sigel — Anyone else have any — Voice from the Audience — Will we have a chance to respond? Chairperson Sigel- Yeah, when Mr. Hutchens is finished. Does anyone else want to ask Mr. Hutchens a question? Mr. Dixon —Well, I'm just wondering who you should call if the Cayuga Heights Police Department isn't responsive. Ms. Rice — He's welcome to file a complaint with our office. The main amount of the clubhouse itself is actually in the Town, so he could call the Tompkins County Sheriff's Department and they would be an alternative. As I said, we've never, not just Mr. Hutchens, but we have no complaints on file for noise for the Country Club, at all. Chairperson Sigel — So you are suggesting that he should maybe call the Tompkins County Sheriff? Ms. Rice — If it's happening late at night and it's an incident where you can get a hold of the Sheriff's Department, you can call them, they have a copy of our noise ordinance and they've cited people before on occasion for loud parties. So, you are welcome to do that. He can also file a complaint with us. I believe he was told that at the Planning Board and, as of yet, we do not have that. 25 Zoning Board of Appeals Minutes August 18, 2003 Mr. Hutchens — Yes, the Planning Board suggested I get in touch with Mr. Frost and when I called the other day, I believe I spoke with this young lady, she said Mr. Frost was not available that day, he was in the field. Chairperson Sigel — The County Sheriff will enforce our Ordinance, is that correct? Ms. Rice — They can. Mr. Barney — They can enforce it. Chairperson Sigel — They can enforce, but not necessarily will. Ms. Rice — They have, in the past, issued court appearance tickets. Chairperson Sigel — Okay. Any further comments. Okay, well thank you very much. Would anyone else like to speak during the Public Hearing? Chairperson Sigel closed the Public Hearing at 8:19 p.m. Mr. Ferris — We were very concerned about what Mr. Hutchens said. I don't know how to exactly show this, but the pitching green is right about on this side over here. It doesn't show on here, but it may show on this one. In a sense that there is the existing chipping green. Can you see that okay? After the last meeting, the Planning Board Meeting, I went out there and took a good look at that because, as I said, I've been at the Country Club since 1980, I've been the president, I've been on the Board several different times and this is the first time we've had a complaint about somebody saying the balls were flying across the road. It's a concern to us because the chipping green and pitching green, for those are you that are not familiar with golf, is not where you stand up and take hard shots. It's intended to take very precise shots, short distances to get close to on into the hole. There's about four or five flags on that green and there are little holes and people are trying to chip on or pitch on to get there. In order to hit a ball that would land in Mr. Hutchens' yard, you would have to hit a ball from the area that you are hitting from between 80 and100 yards. That green is not designed Jor those kinds of shots. The chances of people taking those kinds of shots are slim to none. The property that is directly across from the chipping green and the area that the direction that people are most hitting, we checked with those people and they said they have no recollection of any balls ever arriving in their yard. Mr. Barney — Who are the people you spoke with? Mr. Ferris — Mr. Hartman. If as many balls were going across there as they say were going there, with the amount of traffic that is on Hanshaw road, we would be clobbering cars all the time. Now, it is conceivable that somebody may have hit an errant ball or two across the road that may have ended up in his yard, but to say that this is happening all the time, I just simply don't believe it for the reasons I have just given you. Plus, that chipping green, the balls lay there all the time, somebody could walk onto that thing and pick up 16 bags 26 Zoning Board of Appeals Minutes August 18, 2003 full of balls if the wanted and take them away. But, we are taking steps and our architect alluded to it, we have a letter all drafted to send out. The president went on vacation and hasn't signed it. Along this area, there is a rail fence, we are going to put netting along that, which would be almost invisible, we have several plantings in front of the Country Club clubhouse right now, that have to be moved for the building thing. We are going to take all of those and build a barrier right along that line as well. In addition to that, we met with the Board, discussed this with the Board, our pro -shop has been instructed to monitor the usage on that chipping and pitching green all the time and make sure that it's being used the way that it is supposed to be used for short range chips and pitches and not anybody hitting the ball really hard to try to get it off of our property. So, we believe that we have addressed the concerns of the chipping and pitching green so that these balls will not arrive into Mr. Hutchens' yard or anybody else's yard around there. Now, on the nose factor, I would like to point out that 90 percent of our events are inside. There are very few outside events where there is music. Before the construction, this area right here is where some entertainment might be heard through sliding glass doors that are there that might possibly be opened up in the summer. With this new construction, all of that is going to provide a total barrier between our area on this end of the clubhouse where the entertainment would be taking place and anything on this side of the clubhouse and we have members all along here and down here and to my knowledge, we have never had a complaint from any of them about noise from the Country Club. From Mr. Hutchens, yes, from the other neighbors, at this point, we aren't aware of any complaints. So, we think with the new construction that we've had, plus the things that we are doing to make sure to mitigate any issues with the pitching green, that we've tried to the best of our ability to address these concerns and we think that they will address these concerns. Mr. Krantz — Have you ever discussed this with Mr. Hutchens before? Mr. Ferris — I have not, no. Mr. Krantz — Has any member of the Country Club? Inaudible voice from the audience Mr. Krantz — But you did speak to him. Inaudible voice from the audience Mr. Ferris — And I was there that night at that event, when they showed up and that's exactly what they said. They said they couldn't see where the noise that we were making should really be bothering anybody. We don't have that many outside events. Chairperson Sigel — When you do have outside events are they in the back? Where are outside events? Mr. Ferris — We happened to have one that was outside by the pool area, we were having an event called our lobster fest and they did have some music going on at that time, but it 27 Zoning Board of Appeals Minutes August 18, 2003 was background music for the lobster fest it wasn't even for anything specific like that,like for dancing. Chairperson Sigel — Is it not feasible for some reason to simply change the direction in which the chipping green is used? Mr. Ferris — I don't think that it would work because of the proximity to Hanshaw Road. We would have to almost stand in the road and hit backwards toward the parking lot, where the cars are. The thing is, this isn't an area where you hit balls hard. Chairperson Sigel — I understand that, but people don't always hit the ball as they intend. Having played golf myself I am painfully aware of that. Mr. Ferris — Well, if I was on a driving range, I would agree with you. Chairperson Sigel — But even chipping, if you hit the ball with the bottom of the club rather than the face, it goes rather far in a line drive. Mr. Ferris — But would you not agree to travel over 80 yards and across a busy highway on a regular basis would seem implausible. Chairperson Sigel — I'm not sure. Mr. Barney — Not the way I play. Mr. Ferris — But really - Mr. Barney -No, really, I have that same problem. I am a terrible chipper. 50 to 60 percent of the time, I will hit with the edge of the club, rather than the face of the club, usually not with any consistent direction either. Mr. Ferris — But, even in that case, it would have to travel more than 80 yards on a line drive to get to his yard. Chairperson Sigel — Where do people stand to hit to the chipping green? Mr. Ferris — They stand here, hitting in this direction. Can you see that? They stand here, hitting in this direction, chipping on to it. Chairperson Sigel — So they stand near the parking lot? Mr. Ferris — Well, this is very small scale. There's a lot of room here for where they are standing. They stand about 10 yards to 15 yards off of the pitching, chipping green. I would say, maximum from here to the back of the room. Then there is all the way across the green itself, then there is about 20 to 25 yards between the end of the green and the highway, Hanshaw Road and then across Hanshaw Road. That's why I said that the Zoning Board of Appeals Minutes August 18, 2003 person who lives right, directly across the street says that he doesn't really get balls in his yard. Chairperson Sigel — It sounds like there is more room than you would need between the green and Hanshaw Road to allow chipping in the other direction. Mr. Ferris — There is only about, from the fence, which is our border to the edge of the greens, maybe 20 yards at the most. But I'm not sure why this is even an issue. Chairperson Sigel — You said that people chip from about 10 or 15 years away. Mr. Ferris — Yeah, but then you've got to tear up and re -configure your green because of the way that it slants and the topography. It would be a major undertaking. I'm not altogether sure why this involved in this whole thing about the building, but I guess it is. Chairperson Sigel — Well, you're asking to expand your enterprise and we have at least anecdotal evidence from a neighbor of yours that you have a problem with your enterprise. Mr. Ferris — One person. Chairperson Sigel — Yeah. Do you have any idea what the cost would be to reconfigure the green? Mr. Ferris - $75,000 to $100,000. Those things cost money. Chairperson Sigel — To re -do one green? Mr. Ferris — There's probably $40, 000 in just the green itself and there's drainage, there's all kinds of issues involved. Chairperson Sigel — And could you elaborate a little bit more on what your proposed mitigation is? Mr. Ferris — Yes. Right along Hanshaw Road, on our property line is a rail fence. It's about this high. We're talking about putting netting, which stops golf balls right along that, which would be almost invisible if anybody sees it. Then between the rail fence and the chipping greens, put shrubbery that we are going to move from in front of the club house. We don't think that too many of these balls are air born. If they're getting across, there would probably be a low shot that might run across the road and get to the other side. Mr. Barney — But you don't see it as a hazard to drivers? Mr. Ferris — What's that? Mr. Barney — You don't see that as a hazard? Leaving aside Mr. Hutchens' concern- 29 Zoning Board of Appeals Minutes August 18, 2003 Mr. Ferris — We've been there for 70 years John and there hasn't been a case that we know of in all that time of anybody hitting a car. Mr. Barney — Being such an astute risk manager as yourself, I'm really surprised. Mr. Ferris — That's why I'm not concerned about it. We have no history of it and the way this thing is operating, it isn't intended that way. Mr. Barney — It's not intended that way, I agree, but, like the Chair here, I think there are people who probably practice chipping aren't putting it where they intended to put it. Mr. Ferris — We monitor the members and what's going on there and I'm telling you that we're going to monitor them even closer. It just isn't happening, not that much. MR. Barney — How do you account for Mr. Hutchens having 50 balls? Mr. Ferris — He could have walked across the road and picked them up. Mr. Barney — you're suggesting that's the only way he got them? Mr. Ferris — No, I'm just saying he could. Mr. Hutchens approaches the podium Mr. Barney — We accept that you have 50 balls there. We don't interrupt each other here. So, you're alleging that Mr. Hutchens picked those up? Mr. Ferris — No, I'm saying that it could be done. Mr. Barney — But you're in effect saying that you don't understand how he could have had 50 balls. Mr. Ferris — That's right, I'm saying I find it very difficult to believe that he would find that many balls in his yard, just because of the proximity of everything. Chairperson Sigel — If we accept their proposed mitigation, then how do we have some conditions of enforcement or verification that it is effective? Mr. Ferris — I would invite your Code Enforcement Officer to come up and walk the property and we'll show him exactly what I'm telling you tonight. Chairperson Sigel — We can't station someone there everyday. Mr. Ferris — To show the proximity of everything and what I'm talking about. 30 Zoning Board of Appeals Minutes August 18, 2003 Chairperson Sigel - No, I don't doubt your description of the distances and I also don't doubt, as Mr. Barney said, that it is very easy for a golf ball to go that distance even when you intend a short shot. Mr. Ferris - It really would have to be a really errant shot. Mr. Barney - You must be a good golfer Dave. Mr. Ferris - Even for the average golfer. Mr. Barney - It is very easy for me to have an errant shot go 50 or 75 yards and I am 15 yards off of the green. In fact one of the games I play with myself is over the green on one side over the green back the other way. Mr. Krantz - Well, it's become obvious just sitting here that there is kind of bad blood between Mr. Hutchens and the Country Club. He was nasty you said when you spoke to him on the phone. There's been pitifully little communications between you and there is obvious anger. It certainly seems within the realm of probability that somebody with a couple of beers in him hit a few golf balls over there deliberately. Mr. Ferris - I think that's - Mr. Krantz - Do you think that that's unreasonable? Mr. Ferris - With all do respect Mr. Krantz, I think that's taking a cheap shop at the members of the Country Club to think that somebody would stand there and deliberately try to hit balls into somebody's yard. Mr. Krantz - Any organization that has that many people, has some people who are not quite up to par with the others. Mr. Ferris - I'm sorry, but I would have to take exception to that. Chairperson Sigel - I would assume that very few of your members are aware of any kind of disagreement between the club and Mr. Hutchens. Mr. Ferris - I would say that 99 percent of them are probably unaware of it. Chairperson Sigel - So, I would assume that most of them would have no reason to, even if they were so inclined to go and do anything like this. Mr. Ferris - In fact, they would be foolish to do anything because it would just pour gasoline on the fire. Mr. Smith - The Planning Board did condition their site plan approval on submission of written documentation indicating what steps, if any, the Country Club has taken to mitigate 31 Zoning Board of Appeals Minutes August 18, 2003 the concerns regarding golf balls from the chipping green. So they will be presenting that back to the Planning Board also. Mr. Ferris — I can assure you we don't want golf balls ending up in that yard and we are taking, what we think are reasonable, responsible steps to keep that from happening. Chairperson Sigel — And you had mentioned a berm? So you are putting up netting along the split rail fence. Mr. Ferris — We could put a berm if they want a berm, but we think that the netting and the plantings would be sufficient. Chairperson Sigel — Okay. Mr. Ferris — We really do. Chairperson Sigel — The plantings are going to be densely spaced. Mr. Ferris — Densely spaced. Right behind it is going to be this netting that is designed to stop golf balls, which would be practically invisible to anybody. Chairperson Sigel — Would the plantings be significantly higher than the fence. Mr. Ferris — I don't think that they'll be that much higher. We can let them grow as high as you want. Chairperson Sigel — The fence will be the main effective barrier? Mr. Ferris — Because we think that if anything, the balls are probably balls that are more like the line drive type think that would probably be low. People aren't hitting them up in the air, they aren't trying to hit them up in the air, they're trying to hit them down low so that they go onto the green and go into the hole. Chairperson Sigel — Do you have any suggestions John for a way we could — Mr. Barney — Well, the condition we had at the Planning Board was kind of a reaction to this to see what steps can be taken to reduce it. I like your suggestion why not hit the other way because then people would be very aware that they are hitting in the direction of a populous area and maybe would control their shots a little more. Chairperson Sigel - It seems to make a lot of sense. Mr. Barney — I'm not that much of a golf course designer to know whether it's 75,000 or 750,000 or 75 dollars to do it. Looking at the site plan, actually in the packet there is actually a pretty good idea. The area or the space on each side of it is about equidistant to either parking lot as it is to Hanshaw Road. KYA Zoning Board of Appeals Minutes August 18, 2003 Chairperson Sigel — The green could even be moved a little bit closer to the parking area. Mr. Ferris - See, this area here? This is the area that we are hitting from, not from here over. I know it's very hard to see on this scale. Chairperson Sigel — We have a drawing that shows the space a little bit better. Mr. Ferris — I don't know what you are looking at there. Chairperson Sigel — We are looking at this. Mr. Ferris — Okay. This is where the people stand and hit in this direction. Chairperson Sigel — So, you could stand the same distance. Mr. Ferris — But this is lower, much lower elevation. In other words, this you can go level. Chairperson Sigel — You probably should be chipping to an elevated green instead of one that is lower. Mr. Ferris — Then it defeats the purpose of chipping across it, believe me, take my word for it. The property line is about here, Mr. Hutchens is over here. The normal flight of the balls is in this direction. So to get over here — Chairperson Sigel — A right-handed hitter's hook would go right there. Mr. Ferris — Well, again, you're talking about hitting the ball like you're trying to hit it in the air a long distance. Chairperson Sigel — I understand. Mr. Ferris — That isn't happening, you're pitching on to here to try to hit little flags right here and make it go in the hole. This is not where you are standing here and trying to hit it way up in the air, to get across something, that driving range is this way. That driving range goes this way. This is where they hit the hard shots, this way and there is a fence all the way along, a very high fence. Mr. Barney — Do you use the same green for the - Mr. Ferris — No. Chairperson Sigel - The driving range just goes out into the fairway, I'm assuming. Mr. Ferris — The driving range goes down this way. 33 Zoning Board of Appeals Minutes August 18, 2003 Mr. Barney — Well, to answer your question, it is an issue. I think it's an issue that you could condition. I would not be inappropriate, if you chose to make a stronger condition than the Planning Board had. On the other hand, you may be perfectly willing to live with the condition the Planning Board had, which is basically come up with a plan that mitigates this. Chairperson Sigel — Can you think of any language to create a performance standard that, if not met, then we could say they would be required either say, stop using it or hit from the other side? Mr. Barney — The trouble is the enforcement or the performance standard. Chairperson Sigel — Yeah. The Town is not going to send someone over to sit around and count balls. Mr. Barney — We don't have that kind of resources. Chairperson Sigel — It sounds like, you know, if Mr. Hutchens is correct and he has had, let's say, even a hundred over the course of the summer, that's maybe one a day. Mr. Ferris — I respectfully repeat, I doubt it's that often. I really do, just because the nature of the green and what's happening there. Chairperson Sigel — I guess we could say something like if there is evidence that balls are continuing to go across the street or are going across the street that then some condition or some provision of the variance would trigger and require them to mitigate in some way. One way, which, of course, would be to hit the other way. What do you guys think? Ron? Andrew? Mr. Dixon — I think just maybe if the resolution makes special note of the condition that the Planning Board put in there. Maybe just repeat the condition, taking out the words "if any' . Mr. Barney — Well, they've come up with, I gather or are coming up with a letter, whether the Planning Board will deem that adequate, I don't know. Mr. Dixon- Well, what the Planning Board did was assert ambiguity, if any. Mr. Barney — We have two versions of what's going on and they're quite disparate versions and I don't think this Planning Board necessarily wanted to get in a role of determining who is more accurate in their recollection, one way or the other. What they were attempting to do was say "Hey, folks why don't you sit down and talk about it among yourselves and between the two of you come up with a solution." That doesn't seem to be happening. What steps the Planning Board may take, I don't know, when it comes back. The other question, I guess I have is why limit the fencing to something that is only five feet or six feet high. They, I suppose, could come in and get a variance to put up a netting that goes up 20 feet or something like that, that would be a much stronger barrier. 34 Zoning Board of Appeals Minutes August 18, 2003 Chairperson Sigel — Then you are trying to balance the aesthetic. Mr. Ferris — We think that the measures that we are proposing will solve the problem, but, if it does not, we have the option of putting the netting up of the same height that we have along side our driving range, which is 15, 20 feet in the air, but we just think that it would be unsightly. Ms. Rice — Cornell is doing a similar mitigation problem right now. They had initiated construction on a fence that didn't meet the requirements in lieu of coming for the fence variance, they had not submitted the proposal, but I believe they are going to plant pine trees as a dense barrier instead of doing a tall fence and they have their huge legal mitigation department and, at this point, that's the proposal that they are going to go with and they believe that's going to be enough and that's after they did have a court case on Warren Road, where a person was struck. In the meantime, Cornell has prohibited use of the particular area. Mr. Ferris — Cornell's problem is a little different than ours. Theirs is where people are actually hitting it off a tee, trying to hit it down a fairway which is considerably different from what we're talking about. Chairperson Sigel — As I was saying, on the other hand, this aspect of the property is unrelated to the special approval. Mr. Barney — The special approval is to expand their use, in effect, and if you have a problem with a use, I think it is not unreasonable to be able to say that an expansion of that use is only going to exacerbate that. Mr. Dixon — Why don't we take what they are proposing and, as an acceptable minimum standard and say, this is what they will do, not what they are proposing to do, this is what you will do as a minimum standard and the Planning Board will decide if they think that is adequate. Chairperson Sigel — I would feel more comfortable having a component of it be that there be a performance, which is that balls have to stop going across the road. Mr. Krantz — How about just a provision of landscaping and netting if errant golf balls crossing Hanshaw Road continue? Chairperson Sigel — Well, I'm going on the assumption that it is a problem. Mr. Barney — I think maybe that one condition be that you will set up the fence, you will do the landscaping and then a second condition being that if it is necessary (inaudible) Chairperson Sigel — Okay. Yeah, that seems satisfactory to me. 35 Zoning Board of Appeals Minutes August 18, 2003 Mr. Ferris — Our concern isn't just Mr. Hutchens, with all the traffic and cars that go back and forth on Hanshaw Road, we don't want — Chairperson Sigel — I understand. Mr. Barney - You're not alone with that concern, we have the same concern here and we have, as a town, now somebody and the balls may be crossing in that area. I'd hate to be driving down Hanshaw Road and have one of those balls come out exactly the same time that I'm driving by. As a town, once we have notice about the potentiality, it becomes a town issue. Chairperson Sigel — I don't think there is really, it doesn't seem like there is anything we can specifically enforce. It just has to be the Planning Board. I assume we don't need to vote on the Environment Assessment. Any other questions or comments. I will move to grant the appeal of the Country Club of Ithaca. ZB RESOLUTION NO. 2003- 050: Country Club of Ithaca, 189 Pleasant Grove Road, Town of Ithaca Tax Parcel No. 68.-1-1.2 and 71.-7-1, Residence District R-30. MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED that this Board grants the appeal of the Country Club of Ithaca, Appellant/Owner, Schopfer Architects LLP, Robert Seigart, AIA, Agent, requesting a special approval from the Town of Ithaca Zoning Board of Appeals under Article V, Section 18.3 of the Town of Ithaca Zoning Ordinance, to be permitted to expand and renovate existing facilities located at 189 Pleasant Grove Road, Town of Ithaca Tax Parcels No. 68- 1-1.2 and 71-7-1, Residence District R-30. FINDINGS. a. The requirements for a special approval have been satisfied. CONDITIONS: a. The Country Club implement the fence near the chipping green, as describe at this hearing, wherein a mesh screening will be attached to a split rail fence and dense vegetative screening will be planted along the fence. b. If the above implementation does not prevent balls from leaving the Country Club property and going into Hanshaw Road and properties across from Hanshaw Road that the Country Club will take further steps, as necessary, to prevent those balls from leaving the Country Club's property. c. The Planning Board review the parking requirements in light of the number of members and satisfy itself that there is adequate parking or make other arrangements for whatever additional parking may be necessary. 36 Zoning Board of Appeals Minutes August 18, 2003 The vote on the a MOTION resulted as follows: AYES: NAYS: ABSTAIN: ABSENT Sigel, Krantz, Dixon NONE Niefer Ellsworth The MOTION was declared to be carried. Mr. Ferris — Thank you very much, I know it was a knotty situation. I appreciate your patience. Chairperson Sigel — Thank you Mr. Hutchens for coming. Do we have any other business to talk about? Chairperson Sigel adjourned the meeting at 8:52 p.m. Kirk Sigel, Cha person /2i Lori Love, Deputy Town Clerk 37 FILE 0, DATE ZB RESOLUTION NO. 2003- 050: Country Club of Ithaca, 189 Pleasant Grove Road, Town of Ithaca Tax Parcel No. 68.-1-1.2 and 71.-7-1, Residence District Rw30. MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED that this Board grants the appeal of the Country Club of Ithaca, Appellant/Owner, Schopfer Architects LLP, Robert Seigart, AIA, Agent, requesting a special approval from the Town of Ithaca Zoning Board of Appeals under Article V, Section 18.3 of the Town of Ithaca Zoning Ordinance, to be permitted to expand and renovate existing facilities located at 189 Pleasant Grove Road, Town of Ithaca Tax Parcels No. 68-1-1.2 and 71-7-1, Residence District R-30. FINDINGS: a. The requirements for a special approval have been satisfied. CONDITIONS: a. The Country Club implement the fence near the chipping green, as describe at this hearing, wherein a mesh screening will be attached to a split rail fence and dense vegetative screening will be planted along the fence. b. If the above implementation does not prevent balls from leaving the Country Club property and going into Hanshaw Road and properties across from Hanshaw Road that the Country Club will take further steps, as necessary, to prevent those balls from leaving the Country Club's property. c. The Planning Board review the parking requirements in light of the number of members and satisfy itself that there is adequate parking or make other arrangements for whatever additional parking may be necessary. The vote on the a MOTION resulted as follows: AYES: Sigel, Krantz, Dixon NAYS: NONE ABSTAIN: Niefer ABSENT: Ellsworth, The MOTION was declared to be carried. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I Lori Love, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 18th day of August 2003. Deputy Town Clerk Town of Ithaca 1016 Hanshaw Rd Ithaca, NY 14850 August 18, 2003 Zoning Board of Appeals Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Ladies and Gentlemen of the Board: My wife Jinyong M. Hutchins and I live at 1016 Hanshaw Rd., which is across Hanshaw Rd. just to the north of the Country Club of Ithaca. We are opposed to the proposed expansion of the Country Club until such times as two issues with regard to their operation are addressed, and corrected. One of these relates to the loud amplified noise of their rock music parties, and the other relates to the dangerous situation that results from the placement of their practice green such that golfers are hitting the ball toward the road. Over the five years we have been here, hundreds of balls have come across the road, and some in a manner that is extremely dangerous to children and other persons in their own yards and beyond. I have previously provided information on this to the Planning Board (letter dated Aug. 5, 2003, attached) and to the Country Club (letter dated Aug. 19, 2002, attached). With regard to the practice green, please note that, according to your latest zoning map, the green itself is in an R15 (MDR) zone, not in an R30 (LDR) zone as suggested by your notice. Accordingly the zoning officials for the Town evidently recognized the greater level of human activities for this area, as being distinct from the golf course as a whole. Thus it is clear that the Country Club is landing balls in an area that already is officially recognized, by the Town, as being more vulnerable. This of course becomes much worse as incompetent individuals and those persons prone to mischief are allowed to hit unsupervised. A simple solution would be to turn the practice area around and hit south rather than north. With regard to the amplified music, we just need to disallow it. No one in the neighborhood plays loud outdoor music, and we don't appreciate people coming from other neighborhoods and not acting as good guests. Not at all? Not even for 3 nights a year? Let me quote the world's expert on neighborhoods, the late great redoubtable and beloved Fred "Mister" Rogers, who when asked on an NPR program, "Fred - its my space - can't I play loud music. if I want to?" said "No - You can't." Sounds pretty definite to me. Sincerely, Bernard Hutchins 1016 Hanshaw Rd Ithaca, NY 14850 Aug. 5, 2003 Town of Ithaca Planning Board 215 N. Tioga St. Ithaca, NY 14850 Ladies and Gentlemen of the Board: With regard to your consideration of an expansion to the Country Club of Ithaca: My wife Jinyong M. Hutchins and I reside at 1016 Hanshaw Rd., which is on the north side of Hanshaw Rd., directly across from the tennis court and practice green of the Country Club of Ithaca. We are unaware of the full details of their proposed expansion, but we strongly feel that even the current operations, at the current scale, already constitute a significant annoyance (mainly the noise of parties and general shouting) within our residential area, and even a danger (golf balls hit across the road, and problems with parking and turning about our property). We therefore express our strong opposition to any expansion, and urge the Planning Board to reject the request of the Country Club. Much of our concern with the current operation is discussed in the attached letter, which was mailed to the Country Club's Board of Directors on August 19; 2002. They have never responded to this letter. Sincerely, Bernard Hutchins 1016 Hanshaw Rd Ithaca, NY 14850 Aug. 19, 2002 Board of Directors Country Club of Ithaca 189 Pleasant Grove Rd Ithaca, NY 14850 Ladies and Gentlemen: We live at 1016 Hanshaw Rd. which is just across the street from your tennis court and practice green. By this letter I call your attention to two matters, one which is a problem with your use of amplified sound (a nuisance and discourtesy to the neighbors) and the other which is a problem with balls intentionally, or through total incompetence, hit across the road into my yard and the yards of my neighbors (a dangerous hazard). First, with regard to the noise problem. As you must have noticed, this is a quiet residential neighborhood. None of the residents play amplified music outside, or at least, they must keep the volume way down. Only the Country Club of Ithaca plays loud music. In as much as you must draw your membership from throughout the area, I assume that most of your members are not out neighbors, and many of you must be embarrassed by a failure to be a good guest (i.e., When in Rome.....). Playing amplified music so that it intrudes on other peoples peace and quiet is always inappropriate, regardless of the music. I happen to favor the serious music of 20th century composers, and I am sure that I would be doing the neighborhood a big favor by exposing them to it. Thus it is hard for me to suppose that I would be driving some people up their walls if I played Alban Berg's Lulu or perhaps a full Wagner opera for their enjoyment and edification (and to impress them with my own good taste) - but I restrain myself. Regrettably', the playing of loud rock music must be classed with the thoughtless, boorish hooliganism I think we all detest when someone with a "super bass" in the car comes booming down the road (Why? Some kind of proxy?), or when someone, driving away from a friends residence at 3AM taps the horn (Why? To show that they were allowed to stay up late?). The difference between these two examples and your parties is (1) they have the redeeming virtue of relative brevity, and (2) they are individuals and receive no support from a mob mentality and corresponding isolation from personal responsibility for such discourtesy. Sorry if this sounds harsh. But you do not need to tell me that what I say is harsh - just tell me what is wrong with what 1 have said. And I do not buy the notion that this only happens three times a year, as that argument is easily turned around to point out that these events are not essential to your operations - you don't need any of them. Neither has the Country Club taken r, efforts to mitigate the problem. True enough, they say they will turn it down, but if they do at all, it is minimal and temporary. After a song or two, it is back up and usually louder. That's easy to do, and bands are notorious for hiding a lack of talent by turning up the volume. They always suppose that people came specifically to hear them, and not to chat with friends. So unless and until the management has a sincere interest in maintaining a reasonable volume, it isn't going to happen. Perhaps the sound bothers us more because we have a direct opening across the road to your clubhouse. And since we have no TV, we don't have that masking your noise (as many people likely do). We are generally trying to read. The distraction is awful. If you don't understand this, try your own favorite evening activity (reading or watching a favorite TV show) and play something you despise (opera, country, rap, whatever) at a conversational level. We have not had good cooperation from your managers in response to my requests. On the latest occasion of August 17, 2002, at 11:15 PM I called to ask if the sound could be turned down. Because I did not wish to deal with only a minor or a temporary level adjustment which we had in past years, I tried to impress upon the gentleman who answered, Mr. Bennett, that this was a serious problem. He asked if I was the person who called the police on a previous occasion, and I told him that I was not, although I had called the Country Club in past years. So clearly there are others who are bothered who did find it necessary call the CHPD. He said that CHPD had been there in the past and said the level was OK. Quite possibly they turned it down when they saw the cops coming - as just about anyone would of course! When I asked to speak to the owner, Mr. Bennett said there was no owner, but rather a board. So I asked him who the members of the board were. At that point, I wanted to know who the members of the board were, and that's why I asked. Mr. Bennett immediately jumped to the conclusion that I was going to call them (immediately). I am embarrassed to say that I had not thought of doing that! He said that he would not give me the names so that I would not be able to call them and disturb them. What hypocrisy: he does not mind if I am disturbed, but I could not disturb you folks. Eventually he challenged me to call the CHPD and hung up on me. So of course I did. The second problem is with balls coming across the street. I mention this here because it needs to be included, but more specifically in response to Mr. Bennett's claim that the Country Club was trying to be a good neighbor. (This was just before he hung up on me and challenged me to call the CHPD about the noise.) Here is one example. On July 4 of last year (2001) 1 was working near the front of my property when a yellow ball skipped across the road into my yard, missing me by a wide margin. None the less I took an interest in seeing who had eaten too many Wheaties and before I located him, a second ball hit the fence on your side, on the fly, and bounced back. A third ball then cleared the road and cleared Hartman's fence and went into their yard. Before I got the attention of the kid hitting the balls, another hit the fence of your tennis court. Finally the kid (I guess 12 to 14 years old - "staff' according to the yellow sticker on his cap) came over, and I asked him if he knew where the balls were going and he said he did not, so I told him. I mentioned the danger of hitting them across the road and in particular, in hitting them into Hartman's yard (they have very young children, 1 and 3 at the time). In taking this in, he volunteered to go into Hartman's yard and pick up the balls - apparently thinking he was charged with littering. Such was his comprehension of the menace involved. How do you explain your allowing this to happen? In addition, I find balls in my yard every couple of days, and several times a year, they get nearly to my house. In addition to even that,. each year I find two or three balls (most often white ones) on the back of my property behind Hartman's house. Someone apparently thinks its smart to hit balls over Hartman's house into the "empty woods" beyond. This situation constitutes a hazard and by this letter you are now on notice as being aware of it. You probably have some ideas about how to correct this hazard. Perhaps a suitable net could be put up beyond the green, but ultimately, why not turn the practice area around so that the players shoot south? Finally, please have your insurance carrier provide me with a certificate showing your liability coverage. Sincerely, Bernard A. Hutchins f' TOWN OF ITHACA 215 North Tioga Street Ithaca, New York 14850 (607) 2734783 SPECIAL APPROVAL to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca, New York FEE: $lUU.UU RECEIVED: `t-�3 CASH - CHECK - (400 q 7) ZONING: For Office Use Only Having been informed that authorization is required to: expand and renovate the existing Country Club of Ithaca Clubhouse and related site area at 189 Pleasant Grove Road , Town of Ithaca Tax Parcel No. 68-1-1.2 & 71-7.1, as shown on the accompanying application and/or plans or other supporting documents. The Special Approval authorization is requested pursuant to: Article(s) 5 , Section(s) 18-3 , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this request for Special Approval authorization. (Additional sheets may be attached as necessary.) See attached. By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my Signature of Appellant/Agent: Print Name Here: Robert J. Sei, Home Telephone Number: (315) 446-9037 P� (fie vl Date: (l 7.jo'0� AM4 Date: 6/30/03 Work Telephone Number: (315) 474-6501 . NOTE: If construction of work in accordance with any approvals given does not commence within 18 months, the approval will l0re. Your attendance at the meeting is advised. The Country Club of Ithaca has operated a private golf course for over 100 years. At this time, they are proposing to expand and renovate their existing Clubhouse and Poolhouse, including related site work. Other than minor cosmetic work, the Clubhouse and Poolhouse remain essentially unchanged since they were originally constructed in 1958 and 1973, respectively. This expansion and renovation will allow the Country Club to continue their successful operation by accomplishing the following goals. • Provide adequate and properly organized space to meet the needs of the membership. • Replace antiquated, poorly -operating, and inadequate mechanical and electrical systems. • Meet current building code requirements, especially regarding fire safety. • Meet Department of Health requirements for pools. i 0000000 Town Assigned Project ID Number I� TOWPd U�- I I MAI.A Town of Ithaca Environmental Review BUILDING/ZONINC SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) INS 1. Applicant/Sponsor 2. Project Name Schopfer Architects LLP Renovations and Additions to the 1111 James Street Country Club of Ithaca Syracuse, New York 13203 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) 189 Pleasant Grove Road Ithaca, New York 14850 Tax Parcel Number: Map 68, Block 1, Lot 1.2 and Map 71, Block 7, Lot 1 4. Is proposed action: NEW? EXPANSION? X MODIFICATION/ALTERATION? X 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Renovation and expansion of existing 2—story, 13,000 SF clubhouse into a 2—story, 22,500 SF clubhouse. Expansion of existing 75—vehicle parking lot to a 112—vehicle parking lot. See attached narrative. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: Initially (0-5 yrs) . 95 Acres (6-10 yrs) . 95 (>10 yrs) . 95 Acres 7. How is land zoned presently? R-30 Residence 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: (Action does require special approval.) 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial X Industrial Agriculture Park/Forest/Open Space Other Please Describe: Adjacent properties include residential and Cornell University. 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YESX NO Special approval by Town ZBA If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Robert J. Seigart, AIA, Schopfer Architects Signature and Date: 4 3 03 ,LP RENOVATIONS & ADDITIONS to the COUNTRY CLUB OF ITHACA 189 Pleasant Grove Road Town of Ithaca, NY PROJECT NARRATIVE June 30, 2003 A. Introduction: JUL 3 0 2003 TOWN OF ITHACA BUILD I"iG/ZQNING 1. The Country Club of Ithaca is proposing to expand and renovate their existing Clubhouse and Pool Building, including related sitework, at 189 Pleasant Grove Road, 2. The Clubhouse and Pool Building are located on a 105.74-acre site, most of which is occupied by an 18-hole golf course. 92.59 acres of the site lie within the Town of Ithaca, while 13.15 acres lie within the Village of Cayuga Heights. The Town portion of the site includes the existing clubhouse, most of the proposed clubhouse additions, most of the existing parking area, and most of the proposed parking lot expansion. The Village portion of the site includes the existing pool and Poolhouse, the proposed Poolhouse additions, some existing parking, and some proposed parking. 3. On June 18, 2003, representatives of the Country Club of Ithaca, Schopfer Architects, the Town of Ithaca, and the Village of Cayuga Heights met to review schematic plans and discuss municipal submission requirements. At this meeting, it was agreed that: • The Town will be the lead agency for the State Environmental Quality (SEQR)/Site Plan Review; Short Environmental Assessment Form is required. •- The Town will review the Clubhouse renovations and additions, including related sitework. • The Village will review the pool and Poolhouse renovations and additions, including related sitework. • Copies of all Town submittals will be provided to the Village; copies of all Village submittals will be provided to the Town. 4. The preliminary site and building design is presented on the following drawings prepared by Schopfer Architects and dated 6/27/03: • Cl: Cover Sheet • L1: Site & Grading Plan • L2: Site Plan • L3: Landscape Plan • L4: Site Map and Miscellaneous Site Details • L5: Site Details • A1: Floor Plans • A2: Exterior Elevations 0 EX1: Existing Site Plan Project Narrative The Country Club of Ithaca C. Existing Condition Summary: Page 2 6/30/03 1. Clubhouse: The existing Clubhouse is a 2-story, 13,000 SF masonry and wood building with 3/12 built -up -roofs. This facility lies within the Town of Ithaca. 2. Poolhouse: The existing Poolhouse is a one-story, 2,900 SF masonry and steel building with a low -slope built -up -roof. This facility, including the adjacent pool and fencing, lies within the Village of Cayuga Heights. 3. Site: a. The existing 105.74-acre site is utilized as a private country club and contains the following: • Clubhouse • Poolhouse and pool • Paved parking for 75 vehicles • An 18-hole golf course • A 2,900 SF Maintenance Building and a 2,000 SF Storage Building • 2 fenced -in tennis courts • 2 paddle -tennis courts • A small playground • Main entrance drive with sign The site is bounded as follows: on Pleasant Grove Road. • North: Hanshaw Road and residences • East: Warren Road, residences, and Cornell University • South: Cornell University . • West: Pleasant Grove Road, residences, and Pleasant Grove Cemetery c. A 2-lane drive near the north end of Pleasant Grove Road provides access to the site. d. The site is served by the following utilities: water, sanitary sewer, electric, gas, and telephone. Proposed Expansion Summary: 1. Clubhouse: 2-story additions on three sides will expand the Clubhouse from 137000 SF to 22,500 SF. The expansion includes two primary entrances: one for members/guests and one for banquets. 2. Poolhouse: 1-story additions to the south and under the existing roof will expand the Poolhouse from 2,900 SF to 3,500 SF. Work includes replacement of pool piping and pool equipment to meet NYS Department of Health regulations. Project Narrative Page 3 The Country Club of Ithaca 6/30/03 3. Site: D. E • Parking: Expand paved parking from 75 to 112 vehicles, including two drop-off areas, 1 receiving area, low-cut off -type site lighting, and a piped storm -water drainage system. • Pedestrian Circulation: New concrete sidewalks, paved walkways, and concrete stairs to provide access to the Clubhouse, Poolhouse, and golf course. • Landscaping: For screening and appearance adjacent to the buildings, parking, and loading. • Golf Course: No change • Maintenance & Storage Buildings: No change • Tennis Courts: No change • Paddle Tennis Courts: Remove completely. • Playground: No change • Entry Drive & Sign: No change. Zoning Implications: 1. Town of Ithaca: • Project is within the R30 (Residence) Zoning District. • Although a variance is not required, Project requires special approval from the Town ZBA to expand existing facilities. • Project appears to meet all other zoning requirements (yards, lot coverage, parking, etc.). 2. Village of Cayuga heights: • Project is within the "Residence" Zoning District. • No variances or special approvals are required, since golf courses are permitted uses in the "Residence" district. • Project appears to meet all other zoning requirement (yards, lot coverage, parking, etc.). Proposed Character of the Expansion 1. Architectural: The character of the existing buildings will be maintained. The Clubhouse will continue to have long, low -sloping roofs with strong horizontal elements indicative of "Prairie Style" architecture. The two new entrances and the plan's many off -sets help to reduce the building's scale and maintain a more residential design. Primary exterior materials include stone, exterior insulation and finish system, aluminum -clad wood windows, and existing brick. The Poolhouse will continue to be a long, linear building with flat roofs, concrete block (to match existing), and aluminum -clad wood windows. Project Narrative The Country Club of Ithaca Page 4 6/30/03 2. Site: The character of the existing site will be maintained. Existing parking lot screening will be maintained and will be augmented where necessary. Additional landscaping will enhance the building and site design. The amount of storm water run-off will be reduced by utilizing the on -site pond for detention. Deteriorating paddle tennis courts will be removed. - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? NO X if yes, coordinate the review process and use the full EAF. ts, win proposed action receive coordinated review as provided for unlisted actions in 6 INCRR, Part 617.E YES X NO If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: See Attached. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: See Attached C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: See Attached. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: See Attached. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: See Attached. C6. Long term, short term, cumulative, or other effects not identified in CI-05? Explain briefly: See Attached, C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: See Attached. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff CB., other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adeauatelv address. _Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X_Check here if you have'determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Planning Board Name of Lead Agency Fred Wilcox, Chairman Name & iittle of Responsible Officer Lead Agency Signature of Responsible Officer in Led AE=cv Preparer's&Signature(lf different from Responsible Officer) Signature of 7,,2� tributing Preparer DATE: g' PART II — Environmental Assessment: Country Club of Ithaca 189 Pleasant Grove Road Additions & Renovations — Site Plan & Special Approval Town of Ithaca Planning Board A. Action is Unlisted. B. Action will receive coordinated review. C. Could action result in any adverse effects on, to or arising from the following: Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, exi sting traffic affc patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion, drainage, or flooding as a result of the proposed action. This project involves renovations and additions to the Country Club of Ithaca located at 189 Pleasant Grove Road in both the Town of Ithaca and the Village of Cayuga Heights, Town of Ithaca Parcel No's 68-1-1.2 and 71-7-1 and Village of Cayuga Heights Tax Parcel No. 10-5-5. This proposal is for consideration of Site Plan Approval from the Town of lthaca Planning Board and Special Approval from the Town of Ithaca Zoning Board of Appeals for the portion of the project within the Town, and Site Plan Approval from the Village of Cayuga Heights for the portion of the project within the Village. The Town of Ithaca Planning Board will act as lead agency for the project, except for the addition to the poolhouse which is entirely within the Village. The entire project includes. a 9,500 +/- square foot addition to the clubhouse, a 600 +/- square foot addition to the poolhouse, adding 37 parking spaces, new stormwater facilities, and changes to the walkways and landscaping. The project has proposed minor changes to the management of stormwater in relation to the proposed site additions. Currently, approximately two acres of the clubhouse and parking area drains toward Pleasant Grove Road, while the remaining area drains south to the existing pond on the 148"' fairway. The applicants are proposing that the parking area to the north of the clubhouse will be graded to collect runoff in a new storm sewer which will discharge to the existing pond. This will reduce the impervious surface draining to the road from 1.7 acres currently, to 0.4 acres as proposed. The applicants intend to modify the pond to accommodate the additional runoff to achieve the necessary quantity and quality mitigation levels if required. Additional details relating to any potential modifications to the pond (inlet and outlet structures, grading, plantings) and the appropriate calculations showing the pond can accommodate the minor additional runoff and that there will not be an increase in flow leaving the existing pond, should be required. The pond is currently used for irrigation on the golf course, and any increase in runoff added to the pond from this project will also be used for irrigation. It is anticipated that the calculations will show that the existing pond is adequate to handle any additional runoff from the project. Sedimentation and erosion controls measures will be important throughout construction and maintained until disturbed areas have been revegetated. The applicant has included details for a silt fence and filter fabric inlet protection (Sheet L4), but do not include installation locations on the plans. The project includes adding 37 parking spaces along the north side of the access road and to the north of the existing parking area by the clubhouse. These areas are currently open lawn, and are frequently used for overflow parking. The parking will expand from 75 spaces to 113 spaces, including 10 spaces located in the new drop off circles. The Town's Zoning Ordinance, according to Section 69, requires l space for every five members for a membership club. The Country Club of Ithaca currently has 354 memberships, and therefore would require a minimum of 71 spaces. Using the parking requirements in the Business District of the Zoning Ordinance for a restaurant, this proposal with seating for approximately 403, would require 81 parking spaces (1 space for each five seats). The Country Club anticipates a slight increase in membership due to the expansion, but it is anticipated that the proposed number of parking spaces and traffic circulation on site should be adequate to handle this increase. It is not anticipated that there will -be a significant increase in traffic due to the increase in membership. C2. Aesthetic, agriculture, archeological, historic, or other natural or cultural resources, or communityoghborhood character? None Anticipated. No agricultural, archeological, or historic resources are known to exist on the site or are expected to otherwise be affected by the proposed action. The project is located approximately 160 feet from Pleasant Grove Road with mature vegetation located along the road providing screening between the neighborhood and the Country Club buildings and parking. Given the nature of the proposed action, no significant adverse impacts to aesthetic, natural or cultural resources, or to community or neighborhood character are anticipated. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endan eg red species? None Anticipated. The site is currently developed with the existing clubhouse, poolhouse, golf course, and parking areas. The proposed additions and renovations will occur on existing open lawn or in landscaped areas around the clubhouse. The row of evergreen trees located between the existing pool and the parking area will be removed. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of land or other natural resources? None Anticipated, The Town of Ithaca Comprehensive Plan designates the site as "Recreation," and it is zoned Residence District R-30. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? None Anticipated. C6. Lone term, short term, cumulative, or other effects not identified in Cl-05? None Anticipated, C7. Other impacts Oncluding c�ees in use of either quantity or type of energy)? None Anticipated. D. is there, or is there likely to be, controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. PART Ill. — Staff Recommendation, Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Planning Board Reviewer: Michael Smith, Environmental Planner �5 Review Date: July 28, 2003 FILE z is .11 � DATE f ADOPTED RESOLUTION: PB RESOLUTION NO. 2003-062 Preliminary Site Plan Approval and a Recommendation to the Zoning Board of Appeals Regarding Special Approval Country Club of Ithaca — Additions & Renovations 189 Pleasant Grove Road Town of Ithaca Tax Parcel No.'s 68-1=1.2 and71-7-1 Planning Board, August 5, 2003 MOTION by George Conneman , seconded by Kevin Talty. WHEREAS: 1. This action is consideration of Preliminary Site Plan Approval and a recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed renovations and additions to the Country Club of Ithaca located at 189 Pleasant Grove Road, Town of Ithaca Tax Parcel No.'s 68-1-1.2 and 71-7-1 and Village of Cayuga Heights Tax Parcel No. 10-5-5, Residence District R-30. The project includes a 9,500 +/- square foot addition to the clubhouse, adding 37 parking spaces, new stormwater facilities, and changes to the walkways and landscaping. The project is located in both the Town of Ithaca and the Village of Cayuga Heights. Country Club of Ithaca, Owner; Schopfer Architects LLP, Applicants, Robert J. Seigart, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval in the Town and Village and Special Approval in the Town, has, on August 5, 2003, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on August 5, 2003, has reviewed and accepted as adequate, drawings titled "Existing Site Plan," (EX1), "Site & Grading Plan," (L1), "Site Plan," (L2), "Landscape Plan," (L3), "Site Map & Misc. Site Detail," (L4), "Site Details," (L5), "Floor Plans," (Al), and "Exterior Elevations," (A2), dated 6/27/03, prepared by Schopfer Architects LLP, and other application material, and NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed renovations and additions to the Country Club of Ithaca that are located in the Town of Ithaca, 189 Pleasant Grove Road, Town of RESOLUTION NO 2003-062 PAGE 2 2. Ithaca Tax Parcel No. 68-1-1.2 and 71-7-1, as shown on drawings titled "Existing Site Plan," (EX1), "Site & Grading Plan," (L1), "Site Plan," (L2), "Landscape Plan," (L3), "Site Map & Misc. Site Detail," (L4), "Site Details," (L5), "Floor Plans," (Al), and "Exterior Elevations," (A2), dated 6/27/03, prepared by Schopfer Architects LLP, subject to following conditions: a, granting of Special Approval by the Zoning Board of Appeals, prior to Final Site Plan Approval, and b, submission of additional details relating to the stormwater plans including any proposed modifications to the existing pond (inlet or outlet structures, grading, plantings), locations of silt fences, and the appropriate calculations to show there is not a proposed increase in flow leaving the existing pond, prior to Final Site Plan Approval, and c, revision of sheet L3, "Landscape Plan" to replace the proposed plant materials Vinca Minor and Dwarf Winged Euonymus with a noninvasive species, prior to Final site Plan Approval, and d, submission of record of application for and approval status of all necessary permits from county, state, and/or federal agencies, and e. revision of sheet L1, "Site & Grading Plan" to include the name and seal of the registered land surveyor or engineer who prepared the topographic survey and the date of the survey, prior to Final Site Plan Approval, and f, submission of revised cut sheet details for the proposed outdoor lighting showing frosted glass on fixture LP-3, prior to Final Site Plan Approval, and g1 submission of materials describing the proposed materials and colors of the additions, prior to Final Site Plan Approval, and h, preliminary or final approval of the site plan relating to the portion of the project in the Village of Cayuga Heights, prior to Final Site Plan Approval, and submission of a written Country Club is taking tc the chipping green. AND BE IT FURTHER RESOLVED: document indicating what steps, if any, the mitigate the concerns regarding golf balls from 1. That the Planning Board, in making its recommendation regarding Special Approval to the Zoning Board of Appeals, determines the following: RESOLUTION NO 2003-062 PAGE 3 a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; b, the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed project; C. the specific proposed change in land use as a result of the proposed project is in accordance with a comprehensive plan of development for the Town of Ithaca. 2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be approved. The vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman , Thayer, Talty, NAYS: None. ABSENT: Mitrano, Howe The motion was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA. I, Lori Love, ToWR ClerleJDeputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 5th day of August 2003. Town Cfer' Deputy Town Clerk Town of Ithaca FILE W4 DATE ZB RESOLUTION NO. 2003- 047: Designation of Town of Ithaca Planning Board as Lead Agency in County Club of Ithaca Expansion. MOTION made by Kirk Sigel, seconded by Andrew Dixon. RESOLVED that this Board concurs with the designation of the Town of Ithaca Planning Board to act as lead agency in regard to the Country Club of Ithaca application as presented. The vote on the a MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Dixon NAYS: NONE ABSTENTIONS: Niefer The MOTION was declared to be carried. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I Lori Love, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 21 st day of July 2003. Deputy Town Clerk Town of Ithaca Printer Friendly Report Pagel of 2 Property Description Report Ithaca (Town) Swis Code: 503089 Owner: Tax Map #: 68.-1=1.2 Status: Active COUNTRY CLUB OF ITHACA Site: 1 189 PLEASANT GROVE RD ITHACA NY 14850 Roll Section: Taxable Last Sale: Zoning Code: Neighborhood: 30092 Sale Date: N/A Property Class: Country Club Sale Price: N/A Land Type: Primary Valid: N/A Arms Length: N/A Size: 0 x 0 Deed Book: 479 Land Assessment: $730,600.00 Deed Page: 923 Total Assessment: $194059600,00 Prior Owner: N/A Total Acreage: 92.22 School District: Ithaca Utilities: Sewer Type Comm/Public Water Supply Comm/Public Utilities Gas/Elec Building 1: Improvements: Year Built: 1990 Structure: PRIV CLUB GOLF COURSE Construction Quality: AVERAGE+ Grade: Average Condition: Fair Condition: Good Gross Floor Area: 5752 Size: 18 x 0 Number of Stories: 1 Year: 1985 Air Conditioning %: 0 Structure: CANOPY, ROOF ONLY Sprinkler %: 0 Grade: Average Alarm %: 0 Condition: Good Number of Elevators: 0 Size: 1680 x 0 Basement Type: Partial Year: 1975 Structure: GARAGE, 1 STY DET, Building 2: Grade: Average Condition: Normal N/A Size: 1152 x 0 Year: 1956 Site Used As: http://asmsdg.tompkins-co.org/imate/coms/printab]e.asp 8/11/03 Printer Friendly Report Page 2 of 2 Use 1: GOLF COURSE Total Units/Apartments: 18 Use 2: RESTAURANT Total Units/Apartments: 150 Total Rentable Area: 5752 sq/ft Use 3: SMALL RETAIL Total Rentable Area: 1200 sq/ft Use 4: ROW STORAGE Total Rentable Area: 4552 sq/ft Exemptions - No Exemptions Structure: GARAGE, 1 STY DET. Grade: Average Condition: Fair Size: 2760 x 0 Year: 1956 Tax Information: Taxes may not reflect exemptions or changes in assessment! County Year Tax: County Year: School Year Tax: School Year: $229254,22 2001 $0.00 littp://asmsdg.tompkins-co.org/iniate/corns/printable.asp 8/11 /03 Printer Friendly Report Pagel of 2 Property Description Report Ithaca (Town) Swis Code: 503089 Owner: Tax Map #: 71.-7-1 Status: Active COUNTRY CLUB OF ITHACA Site: 1 1011 HANSHAW RD ITHACA NY 14850 Roll Section: Taxable Last Sale: Zoning Code: Neighborhood: 30092 Sale Date: N/A Property Class: Country Club Sale Price: N/A Land Type: Primary Valid: N/A Arms Length: N/A Size: 270 x 175 Deed Book: 459 Land Assessment: $505000,00 Deed Page: 45 Total Assessment: $78,000.00 Prior Owner: N/A Total Acreage: 0 School District: Ithaca Building 1: N/A Building 2: One Site Used As: Use 1: OUTDR. TENNIS CT. Total Units/Apartments: 2 Total Rentable Area: 19320 sq/ft Utilities: Sewer Type Comm/Public Water Supply Comm/Public Utilities Electric Improvements: Structure: TENNIS COURT, ASPHALT Grade: Average Condition: Good Size: 19320 x 0 Year: 1981 Structure: FENCE, CHAIN LINK Grade: Average Condition: Normal Size: 556 x 10 Year: 1981 Tax Information: Taxes may not reflect exemptions or changes in assessment! http://asmsdg.tompkins-co.org/imate/coms/printabie.asp 8/1 l /03 Printer Friendly Report Page 2 of 2 County Year $323,76 Tax: County Year: 2001 School Year $0.00 Tax: School Year: Exemptions - No Exemptions http://asmsdg.tompkins-co.org/imate/corns/printable.asp 8/ 11 /03 Big Photo Page 1 of 1 http://asmsdg.tompkins-co.orglimatelbigphoto.asp?ref=http://asmsdg.tompkins-co.orglimateimages/... 8/ 11 /03 U O J 2 n Z 3 z O c N 0 L ++ Q Cl (0 � E (� tC) O LO M O 0 o Q Q U U C) W— J 2 (A V)lr — 0 c 0 N. Q ON w \W O V Cl) 0 0 N 00 0) Q T c� Z LL TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.1thaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water & Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 TO: Involved/Interested Agencies: Kirk Sigel, Chair, Town of Ithaca Zoning Board of Appeals Walter R. Lynn, Mayor, Village of Cayuga Heights Edward C. Marx, Commissioner, Tompkins County Planning Department FROM: Michael Smith, Environmental Planner,-/ ,.. DATE: July 2, 2003 RE: Request for Concurrence in Lead Agency Designation, The Town of Ithaca has received an application for site plan approval and special approval for the proposed Country Club of Ithaca renovations and additions project, as further described below. Project No.: 03-07-461. Country Club of Ithaca, 189 Pleasant Grove Road. Description: Consideration of Site Plan Approval from the Town of Ithaca Planning Board and Special Approval from the Town of Ithaca Zoning Board of Appeals for the proposed renovations and additions to the Country Club of Ithaca located at 189 Pleasant Grove Road, Town of Ithaca Tax Parcel No.'s 68-1-1.2 and 71-7-1 and Village of Cayuga Heights Tax Parcel No. 10-5-5, Residence District R-30. The project includes a 9,500 +/- square foot addition to the clubhouse, a 600 +/- square foot addition to the poolhouse, adding 37 parking spaces, new stormwater facilities, and changes to the walkways and landscaping. The project is located in both the Town of Ithaca and the Village of Cayuga Heights. The Village of Cayuga Heights will be reviewing the site plan for portions of the project within the Village. Country Cub of Ithaca, Owner; Schopfer Architects LLP, Applicants, Robert J. Seigart, Agent. The proposed actions, which include site plan approval by the Town and Village's Planning Boards and special approval by the Town's Zoning Board of Appeals, are Unlisted actions pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Local Law No. 5 of the Year 1988 Providing for Environmental Review of Actions in the Town of Ithaca. Date for Planning Board Meeting: August 5, 2003 Existing Site Plan 1 41=40' �8TH GFIFEN 9TH G [IF F N <9� . ....... .. .... . ........ — V OVERFLOW PARKINCi C�p P CHP�NG GREEN FkS'N,JG ."CURTS IN, 14 )14 � 4,,S�� Aj� 41V SCALE 1'-0" 4iO'-,O" z < 00 < > 0 LL z 0 LLI LLJ :D 0 Er M LAJ 25 Zcr CD .J poo Is, NN "e"N S-1,11NIN IN11, 0 20t 40' w 9%ommummosi GRADING AND DRAINING SYMBOLS P-n-03f,-10, CONT010-1 t09 SPOT GRADE x (109,U) x 109,0 S1,0WA PIPE Co"ATCH BAWN C's CC)NC, WALK ASPHAl2T PA\rT EXISTING POWER POLE K i�Y E D N OTF S (f) REMOVE PINE TREes RESEED & LANSCAPE NEW ASPHALl''TOPPING OVER EX1,'5'r1hJG PAVEMENI' NEW 5' ASPHAL T- WAL.KWAY NEW & ASPHAur CART' PA711 NEW 6'CONCRETE WALK SEE, 815 CtJR8 RAMP SEE 94.5 EXIS )"TING U(7`HT PCX-E EXIST1,41 POWER POLE (.)(,,A'rED POWER POLE EXISTING CARY PAT9l U, 0 CIO 0 z j 0 < > o Z Z ULJ 0 U, Q ww� x �°4r��tfl��If�1f��9 �, 04 Lj Y) Q Drcwwv� b)n kj� C. 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C L „ C�TC CBUR TC) TC C C �., C., ���� L�.�T� ���� AC��TC,�nCLAC��TC CAs ALA 36C,C��. STAGGERED r Ad u . .... � Lid 4,00 HLTA L0EL8 LTAC TCCCA (BALTIC IVY) % PEAl POTO.C. TTTACLT`CTLD �... ,� TCCCA CNN (MYRTLE)CT C,)aC C, ~ u C°, PINUS T „ I C " C C..C,;CCC`C,.CC � ���.... ...,... , CC::C EV, C SC 761 . ... N NOTES: T. PROVIDE MCNUU T- TOPSOIL, SEED & MULCH CSC ALL 4TLAS DISTURBED BY CONSTRUCTION. TRUCCTION. OLand,, 0 8 113' 142' An i%% i„ U. co �µ r �w J 8 ,M7 CC 0 w 36" MIN,, FENCE POST STEEL "T" OR "'U" TYPE WOVEN WRE FENCE (14 1/2 ON 2"x2" HARDWOOD Co'k MIW, MAX, 6* WSH VLLAGE (Y' TOVN OF ITHACA OPENING) W R4 FNLTER CL OTH CAYUGA HEIGHTS OVER /y 00 ,4 /V UND@STURBED GROUND C2) (4- F'LOW 317 EMBED ALTER CLOTH z 61Y MIN. 6 INTO GROUND 71'.jJ 7'' VD pq 2 "c" "Ll-3 Ci N. -OlLs; 1. WOVEN WRE FENCE TO BE F ASTENED SEC(IRELY TO FENCE POSTS "TH )MRE rlES OR STAPLES. 91 Lt2 FOR 2. FILTER CL.01+1 SHALL BE' AMOCO 2122 OR APPIROVED EQUAL.. IF A "Now SRE PLAN El 1-1 1 -1 � 20 PREFABRICATED UNIT IS UTILIZED USE ENMROFENCE OR APPROVED EOUAL. r 3. WHEN TWO SEc,nONS OF FILTFR CLOTH ADJOiN EACH 0"n-iFR THEY SHALL BE 0VFRLAPPED BY SIX INCHES AND FOLDED. n. 4. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED (3 -3, ED Efj� WHEN "REULGES'o DEVELOP IN THE Su.T FENCE, I J Ef &S I Fence Delall t- -, - i--- -- N TS V4 2x4 WOOD STAKE (TYP.) I-J 2x4 WOOD FRAME 413' 24' 24' 375 W 12� 1' 102' 99 2 wl GATHER EXCESS AT CORNERS l--- 4W FARRIC",ww rem j- 3- MIN. > ;> V MIN. DROP INLET 2,39' "TH GRATE GROUND SURFACE COUNTRY ClUB OF ITHACA '104.6 ACRES BURIED FABRIC NOTES: I . FILTER FABRIC SHALL BE AMOCO 2122 OR APPROVED EOUAL. 2, CUT FABRIC FROM A CONTINUOUS ROLL TO EL]MINATE JOINTS, IF JOINTS ARE NEEDE0 "THEY WLL BE OVERLAPPED 10 1)4E 14EXT STAKE. 1 STAKES WILL BE STANDARD 2"x4" WOOD (,'),R ME'rAL, N'Tfi A MINIMUM LENG"I'li OF 3 FEE'['. 4. SPACE STAKES EVENLY AROUND NNLET 3 FEET APART AND DRIVE, A MINIMUM 1 FOOT- 6 INCHES DEEP. SPANS G"REATER "THAN 3 FEET MAY BE BRIDGED N'TH THE USE OF"' ORE ME SH BEHIND "DiE HL"TER FABRIC FOR SUPPORT, 165, 67' 5. FABRIC SAHAt.l. BE EMSEDDEO 'I FOOT MINIMUM BELOW SGROUND AND BACKFILLED, 11" SHALL BE SECURELY FATENED TO THE STAKES AND FRAME, 6, A 2"x4" WOOD FRAME SHALL. BE COMPLETED AROUND THE CRED" "r ()F "rHE FABRIC FOR OVER MOW STABILITY. 1704' 7AN OP110NAL METHOD FOR INLET PROTECTION �S TO WRAP FABRIC" OVER TOP Of" GRAIE AND EXTEND ENDS UNDER 'THE GRATE PRIOR TO PLAC&G IN OR ELL UNIVERSITY FRAME. (ROBER"T TREN I JONES GOLF COLPSE) mm 0 X LL 0 CQ z 0 womow C) CC < CC 6 > cc 0 0 z z z uj o Ct) 3 x 0- v (4) 3/4" AWHCWM,145 AS RF-aAREC) BY POLE PROvIOE ELEC, TO MK -TIE TO 5ASE FC3.1 MPIC* CXITS F-'FR MFrsR RF4XIWEMEN r5 ALLMINLM COVER 4-mi BAW5 VERTCAL 04A�F0;4.-C) EDGE 104 rIES 12" or,, lo xw; 5EARIWs 5cw7uef_ 5ASE =rIPACTE0 SIZE n-R L.10HT CIRANUL,AR, FILL 'GHT POLE DETAIL MNI)ER COURSE CAAWl_ BA qx 0AER COMPAC r SUBC14ADE FYPE 1 (CART PATHS) 0 AI NG COUR�l 81NUR COLJRSE . .... . (RAVEL BAS1 OVER < 4,01EXTILE FA0C & C(*PACT SOBGRADE T'(PE7 2 (PAJRply; PNON (7� ASPHALT'CONCRETE PAVEMENT'l & 2 1 112" =1 0.(Ym PRECAST CONCRETE CURB w/ RADAJS EDGE CONT. L00 AD�'i-)HALT SEAL ASPHAL,r CONC TEA VEMEN1 PER DETARS M.ARNG COURSE N BINOER C(XJRSE - - -- --- --------- I 3 f t (I rn) CONS(AJDATION COMPAC110N ZONE ........ RMSH G ADE ABOVE WALL PRUNE CAD I( TOP GF, BY I INCLLJDIMS N BAC,KSLOPI CANES- DO NOT CUl' `-IMPERMEABLF RLL CAPSTONE TO MINIMUM Uff BLACK RUBBE.R in (200 nirn) AND WRE 10 S4,.'CURI TO STAKES 12 n 300 rr rn AI I AN Cl.. OCK UNI'T 1 3"' BARK M(A-CH FDA EXPOSED FILL SOIL-_­1 RETAINED SOL— WEED BARRIER WALL 14004-iT WFIA ACED GRANULAR DRA AGE Sf`f P1 A14 ROrj( 25 4i� to 1.5 in (5 rn to EARTH SAUCTR 38 m LESS THAN 10 % F1 "S PREPARED BACKFILL -GFOGRID REINFORCLMENI EXIST SCR, 257o PEA ( ANISH MADE TYPE AND LENGTH VARIES 10GR9 LENGTH 'R "31C BELOW WALL . ..... Pf. WAll DES ;N in 4 in 00 rna�) DRAJN �CARIFY TO 4" 0EPTH (1(W) mm) DRNN DAAJC4iT PLE WENTED TO DA111041" �IDNNTH RE PLANTING D�IAI� 6 iri ("150 m rr� 12 in (3W r,nrn) Ts O�N r""'\SEGMEN_TTAL RETAINING WALL SECTION 4 1/4-R Y MDE (WHITE) PAINT MARKINGS (TYPICAL) Ro.& NO 15 1 , PAINTED PAVEMENT MAWNGS ARE 4" WDE (WHITE) LINES UNLESS NOTED OTHERMSE, 2,, PARKING STALLS MARKED BY 4 WDE (WIll') LINES 31 AN DBAGONAL 1JNES 1NDICATT_D ON i AR[" 4" WIDE SPACED 24* 0,Cl, ORIENTED 45" C()MPACTl.0 BK&C ON Cf— WPACFE"D SUBGRADE CONCRETE CURB DETAIL NTS FAGN: STANDAAD 060 MIN ALUMINUM 904, 100 X 14", WTH PRE -DRILLED H(11S AND BLUE BAKED ENAMEL FINISH, 9LKS(REEN manomm CRAPHICS AND LETTERING, *NIT E GRAPHICS AND LETTERiNG ON BLUE BA(YGROUND, Ld O C) i POST: U-CHANNEL, MICA DUTY S'T,.EL, 2 5 LSS/Lf, WTH PRE -I UNCIAD -3/8- DIAMETER HOLFS AT 1" 0.c, PT)TS SHALL BE APPROX, 12'.,,0'* LONG MTH 3'0" MBEDME ENT NN L0L, CD I . (7\�!ANDICA� PARKING S.IGN..., "MM f k GRADE OR PAVEMEN] SEE PLAN _u i6T N'T'S 314" =.10'.004 CONT. TfflED 4- CONC, SLAB W1 6x6 #10/10 W,*MOW'R GRA\4'L BASE CNTRL. JCANT AND COMPACTED S1.)BGRADE - TIDE ED EDGE pw ASPHAL T PAWMENT EXPAN&ON jONT m. PREMOLDED 0NI FtLLER AhO SEALANI . ..... ....... NOTES 1, LOCATE EX . JIS, 0 MAX, IRY-O'll" 1N AN`N DIREC TON AND MAKVNG CON'TAC1 W1 BIDG S'TRUCIURE 2, LOCATE CONTR(X AT NTS 0 5-0- 0,C, UNLESS I140TED OTHERWISE 3, PROADE Slff BRCX)M LIP Sli PERPEINIACULAR 10 1DRECINA4 % ['00T IRAIRC, MNNVA4N SMOMH BORDER AT TOOLED CONTROl j()0ql1'a, CqNCRETE WALK 3/401 1t.,010f IiLA\,rf DUTY GRATE & FRAME : NEENAH R­ 3210- A W/ SM GRATE, OOUAL. SAME AS OPPOSOE SIDE OR LANDSCAPE PER PLAN 001% lI C-4Mm RAMP DO*i 1:10 U TRACRNSIT1014 13 lu%f CURB JCL , ...... FACH Sd 0" MIN, 3' URB RAMP DETAIL 1awimlrwu 727 SPAUNG AS PER WATE` RPROff WRAPPING PLAN OR SCHED (ON HC0.0JS TREES LY ON) PRut,4E, 1 3 RETNIN SHAPE REMOM: BURLAP FROM BARK MULCI-i TOP 1/3 Of BALL WE - OVER ED BARRIER, FABRIC CONT, PLAWING HARDWOOD STAKES BED PREPARE.D (3 EAC i TREE) tv BACKFILL N 'A W, SLOPE BOTIOM W/ FHSH GRADE 12" ALL AROUND 4 �S U -ING DETAIL PLARI , PA"110-DECK DRALN W/ SLO C71ED FIN&i GRADE ......... GRXIE - (ZURN IZ-154 ELT() 'CHC PAVERS APPROW.D CAULK&NG 4 CET SCRfV6 6" Off, CAST IRON PIP[ - THREADED TO MA TCH JI GRAVEL DRAIN 6" L(AiG PW REDUCER FITTIN8* TO 6" G V pvc 6w PVC 3/4" V-0" BAND CONNECTOR N'TS ccoa, PVC EDGE RESTRAINER FIADf, TECH INC" PA'R ED(l RESTRAINT SYSI(M (P EQUAL BRiCY, PAIkRS ROW-(YUK BORDER I" STONE DUST OWR ITS BLDG. FELT AND MIN 6' SEE PLAN COMPACTO) GRAWL FILL AND I` x�i 9 TE (�A�.OTEX'Tfll FABRIC CONDCTIONS COMPAC"TED 9,16GRADI =lTv­ll_­­11M 12 - BRICK PAVERS/EDGE DETAIL 3/4" = 10.0*f 1 1/4" 1,D, PO)RANL PA GF NO CO E SOLID flyl„ S STEEL TO LAIT'ST SPEC 0,15 NNE /lf (BOTH WAYS SLAB 60" IARREL STEEL TO LAIT-ST 'SPEC 0. 12 % NET. 481' WREL 4000 P9 SPEC C Is. 904 ATEST AST AST REV, H(CE SECT0NS MON(A.NTHC ON )NNECT(A r-rkVVR,?L Lrvre PIP&TO-MH CONNEC.10R (PC INC, KOR N­'1AL 800-626-,2180) ALL AROUND INSTALLED PIPE(S). RAD�LJS, IYP, 2-1/2 . . . .... 1/2' EXPANSION JOINT & SEALANT ...... < 112- EXPAt,61ON ANNI SEALANT 0 6 #4 ROD 12" O.C, .. ...... . ....... --------- 314mo *.0 Ro MIN, 8* COMPACIED 000 GRANULAR HLL. UNDER 11,00,01 "4.,._'1� 11 ("ONC, WALKS &STAIRS, A'' 001", #3 NOSING ROD 0 'FOOLED NOSING RODS 0 12' O�C, # 0, C, 4 RIMS 0 12 IS COMPACTED SUBGRADL, NL ATIVE MAIRIALS, TYR #4 E3ENT ROD 0 12" C°).C,, 7-YF), #4 RODS N/ERT4CAL 0 12" 0,C,, T"Y[", 0, C., TYP, awl RODS N,fOR6ZDNI L_ 0 9 < LL 0 00 z 0 < 0 Cr < cc > 0 > z z z LLJ 0 < < < cl: Pi 6 S (.5 AD Z5 9 Zc: Q Z t� 5� e5 -40-4 Cuil > z < v C)rcwr Checked t��,y! JS CTL. R D o te: (5/27/03 AS t4umDi e .2 7eef, Site Details 0307 A, MEMBER DECK (88) < 4d, 4W m ftx�b 1 TS (18 SEA' ,,,DINING ROCM 2 (64)�, ROOK, 1 (44,ftlm om o�Plan A T 0,� 01.`11'10,�� ,A SE"TK)Nf; 0 0) ( (11) 3'SECI K)NS, G01..F ENTRY 01NJ DINING ROOM 3 (64) uj PAkOR 2 0 o ........ . .. COATS .. ........ CUE �00 E ''R 4 i PARLOR "WAIT AREA SRE ENTRY TA JAN, EPTION ,T�A'T 10t PARi.08 S"T . . ..... 00 TOILET' m EN KITCHE 01sii _'Rm NE FIA �&Ijlr%_, WON, r", 'i r i 0 MAIN MEMBER RECEIVIN FlY WINE/BEER EN'TRY DUMPST" R STOR. DEUVERY Yound tlL�r Plan 1116 . ra iij .0 " EXISTING WAU-S ''TO REMAIN NEW DECK ABOVE "D EXISTING DECK ABOVE N�j L�l 'LEANING' 'AEROB PRO SHOP -T4001 160rb 51� EMERGENCYI. EXIT (ALARMED) - TOR, (D.FFIGE 8UL.LETIN BRG, U MEN'S LOCKER R(30M N4k 1( (136 L EFAS > ji, 0 YOL)TI14 :� RIC14ANGE Isr, Ho f-I 1 ICOA EPAI 11N ftoKER 00m 2' L SHOWER ROOM' L(InKEA,61! 16" W x1,8" 0) UNEXCAVATED--- j X .............. .............. . . . . . . . . . . . . . 0 @Lower Level Plan it;_ _ 6"w: , v.0". a GENERAL STORAGE EXISTING WALLS TO REMAIN W 1cl FITNESS ( 1� PENTER m 4 GOI.F ENT14Y Ac ELEV. MACHINE ROOM EXISTING BUlt-DING NEW B. UILDING [ 7 77 NEW DECK EXISTING B[JILDING NEW BUILDING C3 A) Ke Pl�an v=�40 NEW PAVU.10N (COL 100N MODEL 9 RAM 24) 20"x60'x8'f­flGH SEl" ON 3'-6" 1101 CONGREI EF PIHIS STEEL FRAME W/ POWDER (10AT PN&­i, 2"09" 1'&C'? WOOD DECK Wit AS PHAL'T S1­flNGL,,E ROOV 01 H EE KITCHEN GOLF POOL, PAVILION PAVILION S T'OCK 00LF ROOM WAY Pcx)1_ & GOLF EN,rRY PATIO p C)nl N EW \�z �"P\cll 10 NEW POOL. EO(APMENT SUfIRL Y LINES &oo! Ho se =T 7"=D, NEW WALL,S EXISTING WALLS "TO REMAIN EXISTING E_ m ILDING 7`77777 NEW K, X, BUILDING E=iNEW PATIO T LL 0 z 0 < 0 z U.J C1112s cc: 0 ANW Df a*n bye CTL Date- 6/27/03 Revisions� 11 1 ­111111 0 (j) W am V -0" CLUB -NOR"I'li ELEVATION "N �, ITHACA COUNTRY CLUB - WEST ELEVATION 1180 r,. 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APPEAL of Daniel Yanarella , Owner / Appellant , David Kingsbury , Agent , requesting a variance from the requirements of Article IV , Section 12 of the Town of Ithaca Zoning Ordinance , to be permitted to modify a previously approved variance ( granted on September 20 , 1984 ) with the addition of a 4 foot x 14 foot storage area to an existing pottery workshop and to allow for a non resident , part - time employee at 137 Pine Tree Road , Town of Ithaca Tax Parcel No . 57 - 1 - 29 , Residence District R - 15 . The previously approved variance allowed for a pottery workshop with a floor area of 308 square feet ( 200 square feet maximum area allowed ) and did not allow for a non - resident employee . GRANTED WITH CONDITIONS . FILED TOWN OF ITHACA TOWN OF (THACA 1 ZONING BOARD OF APPEALS Data I Q �3 �C1L/ WEDNESDAY , JUNE 15 , 1994 CI �Dacy L , Hn Ian PRESENT : Chairman Edward Austen , Vice - Chairman Robert J . Hines , Harry Ellsworth , Edward King , Pete Scala , Town Attorney John C . Barney , Zoning Enforcement Officer / Building Inspector Andrew Frost . OTHERS : Neal Ryan , David Kingsbury , Harry DiGiacomo , Arlene DiGiacomo , Shirley Raffensperger . Chairman Edward Austen called the meeting to order at 7 : 10 PM and stated that all posting , publication , and notification of the public hearings had been completed and the same were in order . The first appeal to be heard by the Board was as follows : APPEAL of the Country Club of Ithaca , Owner /Appellant , Neal Ryan , Agent , requesting a variance from the requirements of 'Article V, Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a building height of 24 ± feet ( 15 feet maximum height permitted ) at 189 Pleasant Grove Road , Town of Ithaca Tax Parcel No . 68 - 1 - 1 . 2 , Residence District R- 30 . Mr . Ryan stated he had taken some pictures that the Board might want to look at so they could see how far. away the residences involved were in relation to the Country Club . He stated the reason they would like to do this is they have an exist - ing building that , for all intents and purposes , is underground . It ' s like a garage , and they have to drive around the side of it to store their golf carts and some equipment like mowers and so forth . Mr . Ryan said they have purchased ( to the tune of some $ 45 , 000 ) additional carts and they would like to put a structure on top of the existing one and , as you can see from the photos , you can drive into the struc - ture as it sits right now without any excavation or whatever . The purpose of the structure would be to store the new carts because they are expensive and they do not have the space available . Mr . Ryan has polled some thirty- eight golfers within the last couple of days to see if the people , in fact , knew where the existing building is . Of the thirty - eight that were polled , he thought there were three or four that knew where the building was . It ' s in a stand of trees , almost completely surrounded by trees , and it ' s going to be a metal building with a shingled roof to the height at the peak of just under 13 feet . It will be colored a dark green to blend with the trees , shrubbery , and so forth . Mr . Scala asked if the building was just below the first green and Mr . Ryan said no , just below the ninth green . Mr . Ryan asked if Mr . Scala was familiar with the area and Mr . Scala said yes . Mr . Ryan then said , if you take the ninth fairway ; just at the dog leg , take the left where the little swamp area is and it ' s back up in those trees . Mr . King asked Mr . Ryan to locate it for the board on the sketch that was submitted with his materials and Mr . Frost pointed out that what Mr . King was referring to was the tax map , but there was another sketch that was submitted . Mr . King said that sketch was too close , but Mr . Ryan did point out some of the homes that were nearby and showed the board approximately where the DiGiacomo ' s live . Mr . Ryan pointed out Hanshaw Road on the sketch and showed where their property ( and the clubhouse on their property ) was located on the sketch . Mr . King asked if the prop - erty line came down at an angle and Mr . Ryan showed on the sketch approximately where the angle came through . He said their swimming pool is actually in Cayuga Heights and the clubhouse is in the Town of Ithaca , Mr . Frost agreed that was correct , then Mr . Ryan pointed out where the municipal line ran on the sketch . 2 Town of Ithaca Zoning Board of Appeals June 15 , 1994 Mr . Ryan then pointed out on the sketch where the ninth fairway came up on the green , the practice area , and an area of flagstone . He said from the corner of the clubhouse to the corner of the existing ( and addition to the existing ) building , is 348 feet . Mr . King pointed to a building on the sketch and asked if that was the building they were speaking of now . Mr . Ryan said no , the building they were speak - ing of now was not shown on the sketch and then pointed out the approximate location . Additional discussion by Mr . Ryan and the board members followed with regard to the approximate location of the swimming pool , clubhouse , and proposed building on the sketch . Mr . King asked Mr . Ryan if he thought the clubhouse was in the Town of Ithaca , and Mr . Ryan again confirmed that the swimming pool is in Cayuga Heights and the clubhouse building is in the Town of Ithaca . Mr . Frost stated that Mr . King , by looking at the tax maps that were part of the mailings , was trying to orientate the clubhouse . ' He said the problem with the tax map the board members have that shows Map 68 which is the tax parcel where the clubhouse and the proposed building is located . Mr . Scala said all you need is this one sketch they have , and Mr . Frost said yes , that one sketch essentially does it . Mr . Frost said , but the tax maps the board members have are mailed out just to give you an idea without another map and don ' t give exact locations . Mr . Ellsworth noted that , in most cases which come before the board , this type of thing is all laid out and it seemed they were into a drawing lesson . Mr . King said this is just poorly laid out , and Mr . Ellsworth suggested they have Mr . Ryan come back . Mr . Ryan said they had done this drawing ( the 5 / 18 / 94 sketch ) that shows what they ' re doing on Pleasant Grove Road and , as far as the tax map is concerned , they have not seen it nor do they know what it contains . Mr . Frost said the tax map , by itself , they had done traditionally just to provide information based on the map and , without copying multiple tax maps which they don ' t do , it doesn ' t give you the proper perspective you may want to see . Mr . Scala stated that it doesn ' t show the property and Mr . Ellsworth asked if they wanted to make some copies of another map . Mr . Ryan said this drawing will show you basically the same thing . Mr . Frost said the code problem is the municipal line splits the property and so Cayuga Heights is also part of the property . Mr . Ellsworth said , if it ' s more understandable on Al ' s map , then they need a copy of that . Mr . Ryan said the only thing it shows is they did measure and these pictures he took give an approximate distance from one point to another point from this group of trees ( he pointed them out ) to the end of their property and from the clubhouse to the building . Mr . Scala pointed to a portion of the picture and asked if that was where the new proposed building was , then Mr . Ryan pointed out where the addition was . Mr . Scala asked if there were two roads or only one road from the clubhouse . Mr . Ryan said no , there is only a cart path that moves up like this ( and pointed it out ) and that ' s all there is to it . Mr . Scala asked if that was all it was going to be and Mr . Ryan said yes , because all they want to do is take the carts from here to here . . . period ( and pointed it out ) . Mr . King said he thought the record should show that the building in question is located 348 feet southeast of the southeast corner of the Country Club clubhouse . By stating this , you don ' t even have to know where Fairway 9 is ( as Mr . King said he didn ' t ) . t 3 Town of Ithaca Zoning Board of Appeals June 15 , 1994 Mr . Ellsworth said , if people who lived nearby were going to speak , he would like to know where their houses are in relationship to the building that shows on Al ' s sketch . Mr . King said probably the houses are up along Hanshaw Road and they ' re the people that collect golf balls from the range and Mr . Ryan said that ' s true . Mr . ' Ryan said he measured approximately from the Agard ' s home ( which is right next to the DiGiacomo ' s ) to approximately where the existing building is and it ' s a little addi - tional over 350 feet . Mr . King said , if the sketch submitted is correct that the building is 350 feet southeast of the southeast corner of the clubhouse , then it ' s further than 350 feet . Mr . Ryan said this is not to scale , of course . Mr . King then asked if Mr . Ryan was saying that 350 feet is accurate and Mr . Ryan said approx- imately , yes . Mr . King said that ' s about 100 yards and Mr . Ryan said , a touch more . Mr . Scala asked if the houses that are along this line are along Hanshaw Road and Mr . Ryan said that ' s correct . Mr . Ellsworth said he would like to get a copy of Al ' s sketch because it seems to him that it shows more clearly the residences that people want to speak about . There was further discussion between the board members and Mr . Ryan to point out various items on the sketch , then Mr . Ellsworth said that it ' s 350 feet to one of these houses . Mr . Ryan said it ' s 350 feet -: plus ( 348 feet exactly ) and it ' s over 350 feet from there to the Country Club property line . Mr . Scala asked if those were all electric carts and Mr . Ryan said , no they ' re all gas carts . Mr . Scala asked if they had propane storage down there and Mr . Ryan said they have one now over in their maintenance building and that ' s where the gas is . Mr . Scala asked where the maintenance building was and Mr . Ryan said over next to Cornell University . Mr . Scala said that ' s the building off the 10th green , and Mr . Ryan stated it was off the 12th tee . Mr . Scala said , when you hit off the 10th tee , what are the buildings down on the right and Mr . Ryan asked if he meant at the Country Club . Mr . Scala said yes , and Mr . Ryan said there ' s only one building and that ' s on the pond . Mr . Scala asked if it was off the 12th tee and Mr . Ryan said yes , off the 12th and the building is on the right . Mr . Scala asked if that was where the propane is and Mr . Ryan said it ' s not propane , it ' s gasoline . Mr . Scala asked if the carts were gas engines and Mr . Ryan said yes . Chairman Austen said he noted that the Country Club had Raymond DiPasquale - do a structural assessment on the building and Mr . Ryan said yes , that was correct . Mr . Ryan said they wanted to make doubly sure that , whatever they wanted to do there , the structure as it exists would support it ; and , if not , they were going to have to put some beams , posts , or whatever underneath . However , according to Ray DiPasquale ( and Mr . Ryan thought they had McGuire & Bennett come up and do the cutting ) they took a section out and anybody is free to take a look at it . Mr . Ryan stated that Ray DiPasquale said bridges should be built this well and evidently , when that was put up , someone must have had some materials left over and decided it would be a good place to use it . Mr . Ellsworth asked which way they were going because Mr . DiPasquale made a recommendation for two types of buildings and Mr . Ryan said Mr . DiPasquale made the recommendation that the structure , as it exists , would certainly more than support what they want to use it for . Mr . Ellsworth said Mr . DiPasquale made a recommenda - tion as to what type of building should be put up , and Mr . Ryan stated Mr . DiPasquale said they are being penny wise and pound foolish and suggested they put up a block building . Mr . Ryan said all they want to do with the building they ' re going to put up ( and there will be no electricity in there , they ' re going to have opaque panels 4 Town of Ithaca Zoning Board of Appeals June 15 , 1994 around under the roof area that will give it light ) is store their carts in there and keep them away from the weather . Mr . Ryan said Mr . DiPasquale stated that perhaps they are being penny wise and pound foolish , they should put a block building up . Mr . Ryan said they got a price on the block building , too , and that would be approx - imately $ 16 , 000 ; this building is going to cost them $ 9 , 750 . Mr . Scala asked who it would be built by and Mr . Ryan said Ed Smith Contractors , and his address is Hanshaw Road . Mr . Ellsworth asked if all the trees that are sheltering the building this time of year were types that shed their leaves during the fall . Mr . Ryan said , if you look at one of the other pictures he took , there are an awful lot of pine trees there . Mr . Ellsworth said there are also ever - greens and Mr . Ryan agreed . Mr . Ellsworth asked if they were on all sides and Mr . Ryan said all the way around . Mr . Ryan said there is only one area that you will be . able to see this from , and that will most likely be only one home maybe . . . he said maybe because there ' s an open area from the main fairway that comes up like so and the building is going to be right here ( pointed it out to the board ) . The only way you can see that is probably from the Shaw residence over on Roat Street that borders on the Country Club property and Mr . Ryan was saying maybe because it ' s around where the clear shot is and you can see it on one of those pictures he took . Mr . Scala asked Mr . Frost if he gets a drawing with the building permit appli - cation that shows all the specs and Mr . Frost said , correct . Chairman Austen asked if there were standard 8 ' high walls on this building and Mr . Ryan said yes , it ' s just a couple of inches short at the peak of the roof of 13 feet . Mr . Frost said the application for the permit was for a building 13 foot which is added to the existing structure which is ± 8 , so he actually wrote up the notice as 24 feet just to give a margin of error assuming that either they build too high or they don ' t predict what the thing proposed to be exactly correct . Mr . Ellsworth said Mr . Frost had control of that when he gets the drawings and Mr . Frost said correct , but it ' s not a prefab building . Chairman Austen opened the public hearing to ask who wanted to speak regarding this appeal . Alfred DiGiacomo , residing at 1025 Hanshaw Road , stated that he was one of the neighbors of the Country Club . He said he and his wife came to the meeting to see what the proposal was because they hadn ' t heard from anyone at the club as to what was going on except for the notice in the newspaper . Mr . DiGiacomo said , in listening to the proposal , he really didn ' t have too many objections and the real problem he had with the club is what the board approved back ten years ago and that is the fence that was put up along his back line ( which he believed Mr . King and Chairman Austen would recall quite well ) , Mr . DiGiacomo said , at that time in 1981 when they made their proposal , they indicated it was only going to be a temporary fence . He said he recalled , even back in 1984 ( and by that time they had a new manager who didn ' t recall any of the previ - ous statements ever made by the previous manager ) , that it was going to be a tempo - rary fence . At the present moment , that fence ( and it ' s been this way for several years ) is either installed improperly and , at the present moment , is torn and tat - tered and it is certainly not protecting them from the golf balls . He said it ' s not protecting them that well from the golf balls anyway , because they get from 10 to 15 balls in their yard every day ( except when they have amateurs out there like this past weekend and now they only had about 40 or 50 balls come in the yard ) . So the 5 Town of Ithaca Zoning Board of Appeals June 15 , 1994 fence is really not .doing its work but , to mitigate the circumstances , the fence is full of holes , it ' s torn loose , and Mr . DiGiacomo asked the board ' s indulgence to show them some photographs of what it looks like at the present moment ( Chairman Austen granted approval for him to go ahead ) . Mr . Ryan then asked to interject a comment and said he believed Mr . DiGiacomo was referring to a net ; not the fence , but a net they had put up and he then asked Mr . DiGiacomo if that was correct . Mr . DiGiacomo then said it was called a fence initially and Mr . Ryan agreed . Mr . Ellsworth said the snow this past winter did not help the net any , and Mr . Ryan said they take it down but that ' s the second one they ' ve had in the last twelve years . Mr . DiGiacomo said they do take the fence down in the winter time at some predetermined date ( usually when it ' s been caught on trees and slightly ripped ) and then they re - install the same fence in the summer time . Mr . DiGiacomo said the other problem they had lately is that they don ' t cut the grass between their property and his property but , in spite of all those things , he had no objection to that building . However , Mr . DiGiacomo said he did wish the board would consider the approval they had given to the Country Club . Mr . Ryan asked , as far as cutting the grass , did Mr . DiGiacomo mean between his wooden fence and the netting in that area - - that they don ' t get behind the net and cut the grass ? Mr . DiGiacomo said that was correct and Mr . Ryan said , because he is on the board , he can state that will be taken care of ; there is certainly no argument and he is not picking bones or anything else but - - whether that building goes up or does not go up - - is not going to change the fact that people are still going to be hitting balls on the practice area . Mr . Ryan said , if you look at the net , there . is a gap , also , because of the tears and so forth and they are already looking into a new net and getting prices as they speak ( this was back a month ago ) . They plan to either purchase a new net and / or have their people close the gap between sections of the existing net ; with regard to cutting the grass , it ' s a done deal and they ' ll take care of that . Mr . DiGiacomo again said the net is torn . Mr . Ryan said the net goes all the way to the ground and he didn ' t know how high it is . Mr . Ryan stated most are good , considerate golfers but he couldn ' t say that he hadn ' t put a couple of balls over on their property , too . Mr . Scala stated he had seen one golfer using his wood club and Mr . Ryan said he ' d like to know who that was because it ' s strictly forbidden and no woods are supposed to be used . Mr . Ryan asked Mr . DiGiacomo if he had copies of the photographs he had brought , then asked if he could take the photo showing the net with holes in it and Mr . DiGiacomo said yes . Chairman Austen asked if there was anyone else who would like to speak and , with no response , closed the public hearing . Chairman Austen then reviewed the letter dated May 26 , 1994 from James Hanson , Jr . , Tompkins County Commissioner of Planning . He also read the memo dated May 23 , 1994 from Candace E . Cornell , Town of Ithaca Conservation Board , Chair . Mr . Ryan asked for clarification on the first part of the memo , and Chairman Austen stated the Country Club was not disturbing the soil there but was building on top of an existing building . Mr . Ryan agreed , then said there are a few limbs that are overhanging the present structure and those limbs will have to come down ( he wanted to make sure the Board realized that ) . Chairman Austen said he believed the Environmental Review Committee had assumed the Country Club would be digging there . 6 Town of Ithaca Zoning Board of Appeals June 15 , 1994 ENVIRONMENTAL ASSESSMENT Chairman Austen read Parts II and III of the Environmental Assessment Form dated June 9 , 1994 and done by Louise Raimondo , Planner I . With reference to Part II C3 . , Mr . King said he would like to know whether any trees are going to be removed with this construction . Mr . Ryan said there is one limb of a big tree that is overhanging the existing structure and that one limb is probably 10 ' above the struc - ture and will be removed . He said that ' s the only thing that ' s going to be touched . Mr . King asked if that would be a mature oak tree , and Mr . Ryan stated he couldn ' t say what kind of a tree it is but that it certainly is a mature tree and is probably 80 to 90 feet high . Mr . Ryan again repeated that there is one limb that would have to be removed in order for them to construct the addition to this building . Mr . Ellsworth said they would have to build the soil up there so they could get the carts in and Mr . Ryan said it ' s already there . Chairman Austen stated that , actually , removing the entire tree is not in the realm of the work and Mr . Ryan agreed . With no other questions , Chairman Austen asked for a motion on the Environmen - tal Assessment . MOTION By Mr . Robert Hines , seconded by Mr . Edward King . RESOLVED , that the Board adopt the recommendations of Louise Raimondo , Planner I and find a negative determination of environmental significance for the appeal by the Country Club of Ithaca , Neal Ryan , Agent , for the property at 189 Pleasant Grove Road , Town of Ithaca Tax Parcel No . 68 - 1 - 1 . 2 , Residence District R - 30 . It should be noted that , by testimony of Mr . Ryan , the Environmental Assessment is amended to show that a mature oak tree in excess of 40 feet in height and currently overhanging the existing storage building will not be removed ( Reference : Part II C3 . of the Environmental Assessment Form dated June 9 , 1994 and done by Louise Raimondo , Planner 1 ) . With no other discussion , Chairman Austen asked for a vote on the motion which resulted as follows : AYES - Austen , Ellsworth , Hines , King . ABSTAIN - Scala . The motion was carried . Mr . Hines then stated to Chairman Austen that they had a land terrain problem , . whether man -made or not he didn ' t know , because he had not been privy to the history of this particular area . He said the only reason we ' re here is that the structure which itself is not in excess of required limitations is being placed on an existing structure which , from the highest point of grade , is well in excess of the permitted limit . But from the testimony of Mr . Ryan and the comments made by Mr . DiGiacomo and the photographs which have been submitted in connection with the application ( two or three of which were made by Mr . Frost and the rest submitted by the applicant ) , it would appear that there isn ' t any particular aesthetic impact on the surrounding 7 Town of Ithaca Zoning Board of Appeals June 15 , 1994 properties as a result of this particular construction . It does make sense to use , to the extent possible , the existing structure and that does present a practical dif - ficulty of construction which far outweighs any disadvantages to the surrounding properties . MOTION By Mr . Robert Hines , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board grant the applicant , the Country Club of Ithaca , Neal Ryan , Agent , a variance from the requirements of Article V , Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a building height of 24 + feet ( 15 feet maximum height permitted ) at 189 Pleasant Grove Road , Town of Ithaca Tax Parcel No . 68 - 1 - 1 . 2 , Residence District R - 30 , with the following findings : 1 . The applicant could otherwise sustain practical difficulties and unrea - sonable unnecessary hardship , expressly referenced to the inconvenience of the neighbors . 2 . This variance is based on the findings which were referred to earlier in the report dated May 26 , 1994 from the Tompkins County Department of Planning , James Hanson , Jr . and the application and , to the extent it comments on these items , the report of Raymond A . DePasquale dated May 14 , 1994 , Attorney Barney said it seems that it might be wise to point out the location or include it in the findings . The location of the building is some 300 to 400 feet in a property that is used as a golf course and Country Club and has been so used for many years . Mr . Hines said the location of the structure that is contemplated is well within the boundary of the applicant ' s title and sheltered from view and sur - rounded by trees and other flora and fauna . He said that was incorporated in his findings and he doesn ' t think it has any visual impact as far a's anybody but Bob Shaw . Mr . DiGiacomo , one neighbor , did appear and had some pertinent comments - with respect to other aesthetic considerations but they didn ' t dwell particularly on this issue . With no further discussion , Chairman Austen asked for a vote on the motion which resulted as follows : AYES - Austen , Ellsworth , Hines , King . ABSTAIN - Scala . The motion was carried . Town of Ithaca 8 Zoning Board of Appeals June 15 , 1994 The second appeal to be heard by the Board was the following : APPEAL of Daniel Yanarella , Owner /Appellant , David Kingsbury , Agent , requesting a variance from the requirements of Article IV, Section 12 of the Town of Ithaca Zoning Ordinance , to be permitted to modify a previously approved - variance ( granted on September 20 , 1984 ) with the addition of a 4 foot x 16 foot storage area to an existing pottery workshop and to allow for a non resident , part - time employee at 137 Pine Tree Road , Town of Ithaca Tax Parcel No . 57 - 1 - 29 , Residence District R- 15 . The previously approved variance allowed for a pottery workshop with a floor area of 308 square feet ( 200 square feet maximum area allowed ) and did not allow for a non- resident employee . Mr . Hines asked if the Board could get some explanation of the relationship between the owner of the property and the agent , and Mr . Kingsbury stated Mr . Yanarella is his father - in - law . Chairman Austen said the applicant was looking for a 4 ' by 16 ' storage area and asked Mr . Kingsbury to tell the Board why it was needed . Mr . Kingsbury said he makes his living by making pottery and , in his present struc - ture which is 16 X 22 feet ( smaller than the boardroom where the meeting is being held ) , he has a number of pieces in process and many of them are wet . He makes pieces of pottery on the wheel and they have to dry in a very controlled fashion so that they don ' t warp or crack . In this one open room with one heat source ( which is propane ) , Mr . Kingsbury said it is often difficult for him to dry things slow enough and in a controlled enough fashion . Basically , the addition would be filled with shelves so that pots can be put in there and the temperature and air flow around them can be controlled ( Mr . Kingsbury said , in college , they called it a wet room or a damp room) . On the floor , he would store all of his clay which he gets in 50 pound boxes . As it is now , they have to be stored under tables and under counters and it would just facilitate moving around in his studio a little bit better if he could store the clay and pots in process in the addition . Chairman Austen asked Mr . Kingsbury if he would control the environment in that room differently than in the work area and Mr . Kingsbury said yes , because it wouldn ' t be exposed directly to the one heat source he has and he would be able to either close it off or open it and regulate the temperature as he needs to . Mr . Scala asked if these were electric or gas fired or something else and Mr . Kingsbury said the first firing is electric ( he has a small electric kiln ) - - that ' s called the visc fire , and then the second firing is gas . Mr . Frost said access to the stairs is actually through the existing space now and it ' s not like you would go outside through the back and Mr . Kingsbury said that was right . Mr . Ellsworth wanted to make sure he was reading the 1984 history of this site properly ( from the Town of Ithaca Zoning Board of Appeals meeting minutes dated September 20 , 1984 ) . Mr . Ellsworth said on September 20 , 1984 , there was an appeal by Mr . Kingsbury for a building permit for the construction of a pottery workshop and kiln which was denied and asked if that was correct , then Mr . Frost said it was actually granted an approval . Mr . Ellsworth asked if it was granted later on as what he was reading from stated it was denied , and Attorney Barney said what he was look - ing at was the notice of the Zoning Officer . Mr . Frost said the minutes noted above should indicate approval ( Reference : Page 15 of the above meeting minutes dated September 20 , 1984 ) , Mr . Scala asked if the small electric kiln was 220 volts and Mr . Kingsbury replied yes . Mr . Scala said like a kitchen oven , and Mr . Kingsbury said yes . 9 Town of Ithaca Zoning Board of Appeals June 15 , 1994 Chairman Austen said , in his application , Mr . Kingsbury also talked about an additional person he would like to have to work with and asked if this person would also be making pottery . Mr . Kingsbury replied , she is experienced in making pottery but she would do a mixture of things : she would help him clean in the studio and help glaze , and she knows all the facets of it because she has worked for other potteries . Mr . Kingsbury also said it would be a maximum of five hours per week . Mr . King asked Mr . Kingsbury if he lived on this property and if it is a single family home , and Mr . Kingsbury replied yes to both questions and said his wife and ( 1 ) 11 -year old girl live with him . Mr . Scala asked where the pottery is sold and Mr . Kingsbury said mostly within a 50 -mile radius . Mr . Scala asked if it was sold from the house or downtown or where and Mr . Kingsbury said people do stop at his house , but he usually makes a point of saying he is not allowed to sell off the property . Mr . Ellsworth told Mr . Kingsbury that he lives around the corner at 152 Honness Lane . Mr . Ellsworth said he walked up there but didn ' t go on the property because they have a dog who acted as if he wasn ' t welcome ; however , he could see the display area very clearly and there is a whole wall of shelves ( and maybe two walls , but he could see one wall very clearly ) in an open carport with a roof - and open ends . Mr . Ellsworth asked if this is Mr . Kingsbury ' s display area , and Mr . Kingsbury said that is like his warehouse and he needs to know what stock he has and that is his packing area and also where he ships from . Mr . Ellsworth asked Mr . Kingsbury if. peo - ple went there to view his goods so they could go somewhere else to buy them and Mr . Kingsbury said , occasionally , people do come there but not at his invitation and he does not advertise . Mr . Ellsworth asked what he meant by occasionally and Mr . Kingsbury replied that he might have someone show up once a week . Mr . Scala asked if he sold the pottery downtown somewhere and Mr . Kingsbury replied that he is at a cooperative called Handwork . Mr . King said he didn ' t under - stand and asked Mr . Kingsbury where he sells and Mr . Kingsbury said mostly two places ; the Ithaca Farmers Market , and a cooperative called Handwork ( it ' s a craft cooperative and they have a store front downtown ) . Mr . King asked where that was located and Mr . Kingsbury said it ' s right on the corner of State and Cayuga Streets , next to Ben & Jerry ' s Ice Cream , Mr . Ellsworth asked , if one of the neighbors came and wanted to buy something from his packing area , would he sell to them and Mr . Kingsbury replied yes , he would . Unless ordered not to sell to neighbors , Mr . Kingsbury said ( to be honest ) he has in the past . Mr . Ellsworth said to Mr . Kingsbury , these " few " that come to your packing area , you would sell to them whoever they are ( whether neighbors or otherwise ) , and Mr . Kingsbury said yes . Mr . Scala asked if Mr . Kingsbury taught there , too , and Mr . Kingsbury replied that he does teach one of the neighbors eleven year old girl . Mr . Scala then asked if it was a regular school program to which Mr . Kingsbury replied no , but he was actually also teaching a fifty- seven year old woman from across the street . Chairman Austen read the letter from the Town Planner , Jonathan Kanter , dated June 10 , 1994 ( prior to reading the letter , Mr . Frost had requested that Mr . Kingsbury be allowed to read the letter as he had not known of its contents prior to the meeting ) . Chairman Austen then opened the public hearing and invited Shirley Raffensperger to speak . 10 Town of Ithaca Zoning Board of Appeals June 15 , 1994 Shirley Raffensperger stated that she is representing her husband , Ed , and her - self at the meeting and that they resided at 139 Pine Tree Road , Ithaca , New York , next door to the Kingsbury ' s . Mrs . Raffensperger stated that she was really not attending the meeting to speak either for or against the request to modify the spe - cial permit given to Mr . Kingsbury in 1984 . She said her comments were not about whether or not they liked the Kingsbury ' s , because they do ; or whether they are pleasant neighbors , and they are ; but to request that the Zoning Board of Appeals make their decision based on New York State and Town of Ithaca laws , ordinances , standards , criteria , and so forth and to apply them in an objective fashion consider - ing the incremental impact of the buildings and their use in relation to the intent , of the zoning ordinance . Mrs . Raffensperger said she believed whether they , or any other neighbor , sup - . port or object to the requested changes is far less pertinent than the standards the Zoning Board is required to apply to any such request . She said none of those involved will continue forever to own the affected parcels of land and their buildings , but the land use regulations of the Town of Ithaca will continue and will affect our successors who have no way of being represented at the meeting tonight . She said , rather , the Board represents our successors and us and all the residents of the town . Mrs . Raffensperger said the 1984 special permit was -personal to David Kingsbury and contained a number of provisions for the eventual use of the land and so forth for the buildings . Additionally , the permit varied the regulations - - while 200 square feet of home occupation use is permitted within a residence in an R - 15 zone , this special permit permitted a home occupation in two buildings outside of the resi - dence itself . Presently , one is 9 feet by 12 feet which is 108 square feet ; one is 16 feet by 22 feet ( and she had the wrong information on that from the minutes ) but Mrs . Raffensperger said she believed that all adds up to 470 square feet . Mrs . Raffensperger said , in addition , she understands that the - carport is used for pottery display . The request is for an additional 64 square feet which is a " total of 500 and something square feet ( she couldn ' t be exact since she had to revise tier figures ) , not including the carport . The request specifically prohibited any non resident employees ( and Mrs . Raffensperger said she understands there is one presently ) and that there would not be any retail sales from the location . Mrs . Raffensperger continued , saying she thinks neighbors are put in an extremely difficult position to come to a Zoning Board of Appeals and to provide information to the Board which may somehow or another seem derogatory to people they like and respect and have gotten along with over the years . Mrs . Raffensperger stated she heard Mr . Kingsbury say tonight that he does not advertise and she really had not intended to do this , but was going to present an example of advertisement to the Board ( a postcard was passed to members of the Board addressed to Edgar & Shirley Raffensperger advertising a show and sale on Saturday , November 23 , at 137 Pine Tree Road , Ithaca ) . Mrs . Raffensperger then stated they had received the postcard adver - tisement some time ago , she did not know what there has been since , but she did know there have been sales in which there have been a number of vehicles . Mrs . Raffensperger said she was in a position where she might have come and complained about this ( she had never done that previously ) , but she really thought the Board needs to know fully exactly what has been going on and to judge for them- selves whether or not it ' s benign . She said that she had never come to complain 11 Town of Ithaca Zoning Board of Appeals June 15 , 1994 before the Board and that she doesn ' t complain about the dirt on her side porch because she is respectful of Mr . Kingsbury ' s artistic expertise and she does not want to be seen as being picky and unpleasant . However , considering the statements made at the meeting tonight , she really feels that the Board needs to be fully aware of all circumstances . Mrs . Raffensperger said she requests first that the Board determine the present status of the permit requirements - for example , the actual size of the present buildings isn ' t even on the sketch map that was circulated during the meeting so she had made an error in going back to old minutes to determine the size of the buildings . Mrs . Raffensperger also said she does think that the history of compli - ance should be checked along with the other requirements . Mrs . Raffensperger contin - ued that she is very confused tonight with what this Board is actually doing . Her understanding was that Mr . Kingsbury received a special permit or approval in 1984 ; and , now , a variance is being discussed and she has forgotten the difference between those two kinds of procedures . Mrs . Raffensperger said she would ask that the Board review those differences tonight and the kinds of different considerations the Board would give , looking at those two different kinds of permits . Chairman Austen then read a letter dated June 13 , 1994 from Mary Margaret Fischer and Richard B . Fischer residing at 135 Pine Tree Road ( Mr . Kingsbury ' s neighbors ) , and addressed to the Board of Zoning Appeals . Chairman Austen also read a memo dated May 23 , 1994 from Candace E . Cornell , Town of Ithaca Conservation Board , Chair . With regard to the postcard advertisement which had been passed to members of the Board , Mr . Frost stated that it was not postmarked but showed a date of November 23 , then asked Mr . Kingsbury what year that was from . Mrs . Raffensperger said it was from a long time ago and Mr . Kingsbury said that he had to confess , . right after get - ting the variance , he did have a couple of sales . Mr . Kingsbury said he either over - looked it or it wasn ' t made clear to him that he couldn ' t have an occasional one or two - day sale as long as he didn ' t have a continual retail outlet . . . Mr . Kingsbury said he did get the sense that wasn ' t right , so he hasn ' t had anyp in - the last seven to nine years and he doesn ' t advertise and he does tell people that he is not supposed to sell from the location , but he does on occasion make a sale . Regarding the little building where he has the kilns in the front of the studio , Mr . Scala asked Mr . Kingsbury if that was one he built and Mr . Kingsbury replied that he had built them all . Mr . Frost said that was approved and the line notice advertises that Mr . Kingsbury is adding to the approved tangible 308 square feet a pottery shop within the approval ( it should be in the Zoning Board of Appeals minutes dated September 20 , 1994 ) and they did grant the kiln shed , 9 feet by 12 feet in size . Mr . Scala asked if they had allowed it to be located 7 feet from the prop - erty line , and Mr . Frost replied that it was to be located at least 6 feet north of . the south property line . Mr . Scala then asked if it was supposed to be 10 feet from the property line and Mr . Frost said no , an accessory building in fact can be 3 feet . Mr . Frost then said the one clear point ( which Mrs . Raffensperger brings up ) is that this was done by special permit and noted that the Town Attorney may want to respond to that . Mr . Frost said ( to his knowledge ) the only thing you ' re limited , in terms of this particular use , is what was done in 1984 in his mind was actually a variance . If this application came before the Board today , Mr . Frost said we would 12 Town of Ithaca Zoning Board of Appeals June 15 , 1994 be looking at this as a variance because there ' s no division he ' s aware of that would allow what used to be granted by special permit unless it was specified in the zoning ordinance as being allowed by special approval or , in the case where we have R - 9 ' s , it has to be allowed by special permit occupancy to exceed what is allowed . In Mr . Frost ' s mind , it really is a variance and not a special permit . Mr . Scala asked why the applicant needs the variance and Attorney Barney said you start with the limitations that are allowed in an R - 15 zone and in Subdivision 12 , Accessory Uses , Paragraph 5 , the customary home occupation . But the use of the area is limited to 200 square feet , either dwelling or a garage area ; and , to get beyond the 200 square feet , Attorney Barney said he assumed what happened in 1984 was basically an application to permit the use of some larger space than 200 square feet because , otherwise , the permit would not have been necessary . Mr . Scala said that Mrs . Raffensperger had said something about 470 square feet . Attorney Barney said he had a little trouble with her calculations , too , and asked what the size was of the existing building . Mr . Frost replied that 308 square feet is what was granted but then you have to add , in terms of the total use of the property , the 9 feet by 12 feet shed . Attorney Barney then asked what the size of the pottery studio itself was and Mr . Kingsbury replied that the studio itself is presently 16 feet by 22 feet . Attorney Barney said the 9 feet by 12 feet shed would equal 108 square feet , so he calculated a total of 460 square feet not including the carport . Mr . Kingsbury said he didn ' t know who is calling the carport a sales area but he has to be able to see his stock , he has the stock out on shelves . Attorney Barney said there is none located in the pottery studio or the kiln shed and Mr . Kingsbury said that is correct ; then Attorney Barney said it is located elsewhere , and Mr . Kingsbury said that ' s right . Mr . Scala noted that it is part of the business , so that square footage is part of the business . Mr . Kingsbury said that the space is used for other things as well , and Mr . Scala replied that it ' s still part of the business . Mr . Frost stated it was a little difficult for him having to speak fairly but , when he went through that area , he was stepping over children ' s bicycles and remembered that he had seen stuff being stored there ; he went back subsequently to take the pictures for the zoning board and saw stuff stored there , but not for this use . Mr . Ellsworth asked what the biggest area in the carport was used for and Mr . Frost stated , from what he saw , he was stepping over bicycles and children ' s things to move from the driveway up to the back of the building ( and noted that he was try- ing to speak objectively without making a judgment ) and that he had been stepping over personal belongings . Attorney Barney then asked if there were prices on the merchandise in the car - port and Mr . Kingsbury said there are on some items because he uses that area to unpack from a show and put them back on the shelves ( and sometimes they still have price tags from the shows or from the store ) . Attorney Barney asked if it was fair to say that some portion of the carport area was used in relation to his business and Mr . Kingsbury replied , yes . Attorney Barney said Mr . Kingsbury was using 460 square feet exclusively for his business and Mr . Ellsworth agreed that it was well over the 200 feet allowed already . Mr . Frost said what disturbs him , too , is that the approval was for the pottery workshop building to be 14 feet by 22 feet in size ( and said he was looking at the site sketch in the 1984 files ) , then Mr . Kingsbury apolo - gized and said the building is presently 14 feet by 22 feet and not 16 feet by 22 feet as he had stated earlier . 13 Town of Ithaca Zoning Board of Appeals June 15 , 1994 Mr . Frost then said 14 feet by 22 feet ( 308 square feet ) is correct according to the 1984 files and you then add the kiln , which is 108 square feet , for a total of 416 square feet . Mr . Ellsworth noted that it was still well over the 200 square feet allowed and Mr . Frost agreed but said what Mr . Kingsbury got approval for was a 14 foot by 22 foot workshop and tonight he is appealing to enlarge that with the addi - tion of a 4 foot by 16 foot ( 64 square feet ) storage area and , though separate , was the granting of a 1984 appeal ( which he is not modifying ) for a 9 by 12 foot kiln shed . Mr . Hines asked if the issue wasn ' t what activity , aside from the normal growth of business , brings the applicant in front of the board today . Mr . Frost said Mr . Kingsbury made inquiry to his office to ask about adding on to the pottery workshop . Mr . Hines said he understood that but , legally , Mr . Kingsbury has not displayed any , particular hardship that is provoked as a result of something extraneous to his own activity and it ' s a happy circumstance that business is good , but it hardly serves as a basis for expanding under the law when you ' re already 50 percent over the permitted limit to begin with . Mr . Hines said , in any event , one would like to hear evidence about why it ' s critical that this addition take place other than for ,. convenience of the operation of the business which may well be over what it was 10 years ago . Mr . Hines said he felt it is good that Mr . Kingsbury ' s business is expanding but it seemed to him unavailing in an application to further expand or obtain approval for an additional expansion when , really , it isn ' t precipitated by something which the applicant had no control over . Mr . Hines then asked Mr . Kingsbury if he wasn ' t pre - cipitating the need to come before the board and Mr . Kingsbury said yes . Mr . Scala stated that Mr . Kingsbury was not very far from needing to have some - one help him in the shop and expanding his work and that ' s really what the board is saying , that he is expanding his level of effort . Mr . Kingsbury said no , he was not doing that and Mr . Scala asked if the additional help was just for housekeeping . Mr . Kingsbury said he has had the discussion with his wife that he ' s been thinking of cutting back the scale of his business ; she works full - time , he works full - time at this , and family life is often left out . Mr . Kingsbury then declared that he was not looking to expand his business , that he was looking to make it more comfortable in his present level of activity . Mrs . Raffensperger then asked if she could have the board enter into the record a letter directed to Mr . Kingsbury dated December 3 , 1985 from Lewis D . Cartee , Building Inspector , Town of Ithaca . One portion of the letter read as follows : . . . in no way shall this shop attract any traffic and there shall be no retail selling at this location . " Mrs . Raffensperger said she thought this letter should be entered into the record considering the discussion regarding lack of understanding about retail selling . Mr . Kingsbury said he believed he had received the letter after one of those sales that he had shortly after setting up . Mrs . Raffensperger stated that she was not sure the facility was built at the time the letter was written and Mr . Kingsbury replied that he had sales before the facility was built . Mr . Kingsbury stated that he thought Mr . Cartee ( Town of Ithaca Building Inspector at that time ) had a hard time doing it , but he finally made him aware that he couldn ' t have those types of 14 Town of Ithaca Zoning Board of Appeals June 15 , 1994 sales . Mr . Kingsbury also said to Mrs . Raffensperger that he hoped she could attest to the fact that he hadn ' t been conducting sales since that time and she replied that she honestly doesn ' t watch and hasn ' t complained , but she thought the Board should know all the facts for the record ( Mr . Kingsbury agreed ) . Mr . Hines then stated to Chairman Austen that , once again , wasn ' t what the Board wanted to hear evidence of hardship and Chairman Austen agreed . Mr . Kingsbury said , you want to hear evidence of hardship ? Mr . Hines said he believed that was what is relevant and Mr . Scala said Mr . Kingsbury needs an argument as to why he has to add another 4 feet and that one of the possible arguments is hardship . Mr . Scala continued that Mr . Kingsbury had mentioned housekeeping , to get better storage , etc . , but it doesn ' t sound like Mr . Kingsbury is hurting . Mr . Kingsbury replied that no , he wasn ' t hurting and - - to be quite honest - - the happiness of all his neighbors is very important to him ; so , if anyone objects to this , ' he will withdraw his appeal . Mr . Hines stated it was the Board that Mr . Kingsbury had to worry about objecting . Mr . Kingsbury said , when he thought of adding this 4 foot extension , he honestly thought that it would be just a matter of getting a building permit ; and , had he foreseen all of this procedure , he probably wouldn ' t have initiated the application . He said , however , he would like the space and it would make his operation much more comfortable ; he wouldn ' t have to step over his clay that he ' s storing , he wouldn ' t lose as many pots because they ' re within direct siting of his heat source , and it would just make his operation more comfortable . Mr . Frost said , when Mr . Kingsbury had called to inquire about the permit , his desire was to go up and see what he was talking about since this kind of inquiry resulted in his pulling the file which was the old zoning file . Mr . Frost said he then went to the property and , having read the minutes ; within the minutes , Mr . Kingsbury did represent that there were no employees at that 1984 hearing but Mr . Frost did see a woman doing pottery . At that point , Mr . Frost said we then have two issues : 1 ) Mr . Kingsbury ' s date to come back to the Board to seek a variance to enlarge the area that was approved in 1984 ; and 2 ) at the same time , he encouraged Mr . Kingsbury ( since Mr . Frost saw the employee ) to either terminate the employee or seek a variance from the Board . Mr . Scala asked what Mr . Kingsbury ' s option would be if the Board did not grant the permit to add the 4 feet and wanted to know if he could use all of the carport or what other option he had if he couldn ' t add the 4 feet by 16 feet addition . Mr . Kingsbury replied the option would be to continue as he is as far as production . Mr . Scala asked if this was primarily for storage and Mr . Kingsbury replied that he would store clay low and drying pots up high . Chairman Austen asked if there was a way Mr . Kingsbury ' s storage method could be modified and possibly put a barrier between his curing pots and the heat source . Mr . Kingsbury said that he does , he has mobile shelving units and he tries to wheel them as far away as possible ; however , when you ' re in a 14 by 22 foot building , you don ' t get very far away from your heat source . Mr . Kingsbury stated that he also drapes with plastic and it works , it ' s just inconvenient and he often ruins some of the pieces because the plastic kind of sticks to the sides of the wet pots and he doesn ' t see it ; then , when he goes to uncover them , they ' re destroyed . 15 Town of Ithaca Zoning Board of Appeals June 15 , 1994 Mr . Scala asked what was stopping Mr . Kingsbury from just putting up a utility shed somewhere else on the property . Mr . Frost said if it was just a personal util - ity shed and nothing else , there was nothing stopping him as long as he put it in a location that complied with the ordinance . Mr . Frost said he believed Mr . Kingsbury " was aware that he had an operation that called for a building permit and that ' s why he is appearing before the Board . Mr . Ellsworth said it appeared to him that what ' s there already is way out of control according to Article 4 for residential district R - 15 , Section 12 , Item 5 and then proceeded to read same to the board members . Mr . Ellsworth said it reads " . . . a customary home occupation " , then it goes on to describe several different trades ( pottery making was not listed ) and " that there be no outside storage " , then Mr . Ellsworth stated it appeared to him that the carport was used for storage ( or part of the carport ) . From what he saw from the road since he couldn ' t go on the property because of the dog , Mr . Ellsworth said there was quite a large wall of storage , packing , and whatever . Mr . Ellsworth continued reading from Article 4 , " the home trades ( and it doesn ' t specifically say pottery making , but it says other types of home trades ) are to be conducted over an area not exceeding 200 square feet " . Mr . Ellsworth said if something previously was approved that had a variance , etc . , then that ' s ok ; but , it appears that it ' s expanding beyond what was approved before . It ' s expanded to a carport and so on . Mr . Ellsworth stated that it appeared to him that what ' s there already is well beyond the spirit of what was passed before by a vari - ance or special appeal and now we have another situation where the owner is appearing before the Board to add on top of already existing problems . Mr . King asked Mr . Ellsworth if the carport where Mr . Kingsbury ' s goods are stored was visible right from the street and the response was yes . Mr . King asked if you could see prices and Mr . Ellsworth said no , not from the street . Mr . King said , in other words , there are small stickers which you ' d have to be up close to see and Mr . Ellsworth said , when you ' re standing 30 to 40 feet from the objects , the prices were not visible . Mr . King then asked Mr . Ellsworth if the display looked to him as though it ' s a storefront almost where people could come and buy something and Mr . Ellsworth responded that a nice set of shelves had been made that extend for a long way and also extend pretty high , and there ' s a pottery object in each slot up there . Mr . King asked if Mr . Ellsworth had said to himself , here ' s an emporium for the pur - chase of pottery and Mr . Ellsworth said he was just looking to see where the building was , whether it ' s sheltered to the next door neighbor closest ( which is Dr . Fischer , 7 feet to his property line ) , and then he even walked back once to look again at the display . Mr . Hines stated he felt all of the comments are interesting and germane but , along with what Mrs . Raffensperger has said , really relates to whether Mr . Kingsbury is in violation of the existing situation ( which it sounds to Mr . Hines as if he might very well be ) . Mr . Hines said , that is not necessarily before the Board and we still have yet to hear evidence of any convincing nature as to the hardships which would otherwise provoke us into favorable action . Mr . Hines said he did not chair this meeting , but he would prefer not to hear alot more evidence about a violation which may be standing until he heard whether or not there was any hardship indepen - dent of it . 16 Town of Ithaca Zoning Board of Appeals June 15 , 1994 Mr . King said he thought they were talking about the operation , not the violation . Mr . Hines said it sounded to him like most of what they were talking about is whether Mr . Kingsbury does , in fact , exceed the previously granted permis - sion and is the extent of the operation , either in issuing or by growth over a period of time , beyond that which was contemplated and the answer seems to be ( from the tes - timony and the observations ) , yes . Mr . Hines then continued that the question is how does that have anything to do with the . application tonight and it would have some relevance in the fact that the Board is not supposed to grant permission to people who are in violation , but he didn ' t see nor had he heard anything which would tilt the scales in support of favorable action to the appellant because he had not heard Mr . Kingsbury state anything about having a serious problem here which needs remedia - tion other than his business seems to be better served if it were larger or had more space , which hardly seems like hardship . Mr . King said he thought Mr . Kingsbury was quite explicit about showing the need for a drying or a wet room ( it ' s called a slow dry room ) further away from the kiln and out from underfoot and he ' s talking about that expansion at the rear of the property which doesn ' t impact any neighbor immediately other than Dr . Fischer who has written favorably regarding the requested addition . Mr . King said he thought Mr . Kingsbury had shown hardship in his operation and you have to remember that Section 12 , Subdivision 5 says our citizens have a right to conduct home occupations but it ' s circumscribed . Mr . King said , ten years ago , we said - - if you want to build some - thing way out in the back yard that ' s a little bit bigger to upgrade a pottery shop which seems to maybe require more than 200 square feet - - that would be ok within limits . Mr . King said he thought what is distressing , if at all , about it now is in view of the fact that the testimony is that any public invitation was made ten years ago and has not been repeated and Mr . Kingsbury does not generally sell to people . Mr . King said , in other words , it ' s not getting way out of hand here but the use of the open storage in the carport is clearly violating Subdivision 5 . Mr . King said he thought Mr . Kingsbury should be brought back into compliance with Subdivision 5 and remove the storage from public view in the carport , however he does that . Mr . King said he saw no harm in granting him the small addition which would mean so much to him in order to have a little more freedom to operate but , as far as the employee goes , that ' s clearly forbidden under the rule for home occupation and we should not grant that . Mr . Hines wanted to ask a question ( and said this is a very compelling argument ) . He said this has been going on for ten years , what is it that has hap - pened to provoke this need that wasn ' t true eight years ago . Mr . King said he was not a historian and Mr . Hines gave the example that , if you limp , you don ' t wait eight years to come in and say I need a different shoe - - here ' s a man who has oper - ated a kiln , thrown pottery , or whatever for ten - years and then comes before the board and says , by the way , it ' s extremely inconvenient to do this in this way and , in fact , it elevates itself to the level of hardship and I would prefer to have some other place to dry my pots so they don ' t get damaged . Then , of course , the response is what were you doing four years ago ? It ' s changed in such a way that now it has become a hardship . Mr . Hines said , in other words , Mr . Kingsbury is a good advocate but are the facts supporting his argument ? 17 Town of Ithaca Zoning Board of Appeal's June 15 , 1994 Mr . Scala said , to get these items in perspective , you ' re looking at 25 , 000 square feet of property on which Mr . Kingsbury now has roughly 416 square feet in the form of a couple of sheds . The applicant is asking for 56 more square feet which Mr . Scala feels is trivial and , to improve his quality ( whatever the justification is ) , it ' s worth doing . Mr . Scala said this does not justify hanging his wares out the carport and Mr . Kingsbury would have to clean his act up , but the rest of it should be acceptable . Mr . Frost asked Mr . Scala if he was suggesting that consideration be given to the external non resident employee , and Mr . Scala asked where that issue came in . Mr . Ellsworth said Mr . Kingsbury has a non resident employee about five hours per week and Mr . Scala asked if he was talking about Mr . Kingsbury ' s wife . Mr . Ellsworth said no , she is a resident and Mr . King said we ' re not concerned with a non - employee . Mr . Scala asked if there was a restriction against having employees , and Mr . Frost said the zoning board limits the home occupation to residents of the premises only . Mr . Scala said then it should be fairly clear cut , Mr . Kingsbury can ' t store his pottery items in the carport and have it visible for sale and he can ' t have an employee . Mr . King asked that the applicant address the question , how has the situation changed recently such that what was good enough for him ten years ago is no longer quite sufficient . Mr . Kingsbury said , basically , he ' s ten years older and the pro - cess of making pots is hard enough when you ' re young ; when you ' re old ( he is 46 ) , it ' s more and more difficult for him to carry pots around , to try to get them in strategic locations , covering , uncovering , wheeling things around , stepping over boxes of clay , etc . Mr . Kingsbury said he was of a mind to be more comfortable in his procedures . Attorney Barney asked if any thought had ever been given to moving his entire operation to some other location and Mr . Kingsbury said yes , he had thought about it but he and his family liked the neighborhood and wanted to stay there . Mrs . Raffensperger then commented that she had not come to the meeting to oppose or make any kind of statement , as she had mentioned before . However , she said Mr . King seems to want to trivialize some of the elements that have gone into this . She said she does not make any complaints about any violations of the previous permit until she heard at the meeting statements that Mr . Kingsbury made such as , " I never sold any pottery " . Mr . Kingsbury then stated to Mrs . Raffensperger that he had never said that and asked her if he hadn ' t said earlier in the meeting that he had sold pottery . Mrs . Raffensperger then continued that she tried to make the point to the Zoning Board of Appeals ( which is an opinion that she has held for many years ) that it really is not pertinent and neighbors should not be put in this position , making comments for or against a particular variance . The Zoning Board of Appeals , as she understands it , has very strict kinds of criteria for making decisions about vari - ances and special permits and all she is asking tonight is that , not just in her own interest or in the interest of the neighborhood - - but in the interest of the entire Town of Ithaca and this Zoning Board - - that the Board apply those criteria and that it not become the kind of personalized discussion which , unfortunately , it did dete - riorate into . Mr . Kingsbury asked permission to speak and then stated he really took excep - tion to the notion that , from the street , you can look in his carport and it invites you to buy pots ; you have to really be stretching to see the pottery from the road , and he has no signs and he never advertises for any kind of retail sales . Chairman Austen then closed the public hearing . Town of Ithaca 18 Zoning Board of Appeals June 15 , 1994 ENVIRONMENTAL ASSESSMENT Chairman Austen read Parts II and III of the Environmental Assessment Form done by Louise Raimondo , Planner I . dated June 10 , 1994 and asked that a motion be made . MOTION By Mr . Pete Scala , seconded by Mr . Edward King . RESOLVED , that the Board adopt the recommendations of Louise Raimondo , Planner I and find a negative determination of environmental significance for the appeal by Daniel Yanarella , Owner / Appellant ( David Kingsbury , Agent ) for the property at 137 Pine Tree Road , Town of Ithaca Tax Parcel No . 57 - 1 - 291 Residence District R - 15 . With no other discussion , Chairman Austen asked for a vote on the motion which resulted as follows : AYES - Austen , Ellsworth , King , Scala . ABSTAIN - Hines . The motion was carried . With no additional discussion required , Chairman Austen then asked for a motion on the appeal . MOTION By Mr . Pete Scala , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board grant the applicant , Daniel Yanarella , Owner / Appellant , David Kingsbury , Agent , a variance from the requirements of Article IV , Section 12 of the Town of Ithaca Zoning Ordinance , to be permitted to modify a previously approved variance ( granted on September 20 , 1984 ) with the addition of a 4 foot x 14 foot storage area to an existing pottery workshop ( which would add 56 square feet to an existing workshop area of 416 square feet ) and to deny the request for a non resident , part - time employee at 137 Pine Tree Road , Town of Ithaca Tax Parcel No . 57 - 1 - 29 , Residence District R - 15 subject to the following findings and conditions : 1 . By testimony of the applicant , it is confirmed that the existing building is 14 feet by 22 feet in size and not 16 feet by 22 feet . Therefore , the appeal has been modified to request the addition of a 4 foot by 14 foot storage area , and the proposed addition would not extend beyond the existing walls of the present building . 2 . The applicant has indicated the difficulty in managing the pottery ( particularly when " green " ) and in trying to handle , sort , and transport the pottery . 3 . A better storage space is needed to improve quality and prevent damage . This requirement is not viewed as being due to an increase in sales but , rather , due to quality control . 19 Town of Ithaca Zoning Board of Appeals June 15 , 1994 4 . With the condition that there will be no storage in the carport or any other location that would extend the business as it now exists . 5 . With the condition that there will be no non resident , part - time employ- ees allowed to work at this property . However , resident family members are allowed . 6 . With the condition that there will be no advertising of the pottery items for sale or priced items visible . A vote on the motion resulted as follows : AYES - Austen , Ellsworth , King , Scala . NAYS - Hines . The motion was carried . Before the vote on the motion , Mr . Kingsbury had asked to interject a statement and was advised by Chairman Austen that he could not do so when a motion is on the floor . After the vote , Chairman Austen restated the conditions under which the motion was carried to Mr . Kingsbury who advised what he had wanted to say is that , without being able to store his pots somewhere once they ' re finished , he would suffer a hardship and that he was going to sacrifice the addition in order to be able to continue to store pots in his carport . Chairman Austen then stated , unfortunately , the code does not allow for the storage there . . . period , and it was never granted that Mr . Kingsbury be allowed to use the carport as a storage area . Therefore , it wouldn ' t make any difference whether Mr . Kingsbury had the addition or not ; pottery storage in the carport would still have to be eliminated . Chairman Austen then asked Mr . Kingsbury if he had a place where he displayed the pottery downtown to which Mr . Kingsbury replied yes , but he honestly does not use his carport to sell and that it is more of a nuisance for him to deal with people coming there and looking for pots . Mr . Scala said , as long as Mr . Kingsbury recog - nizes that the code says you can only have 200 square feet ; as it is now ,- Mr . Kingsbury is more than double that and the Board is allowing him to extend another ten percent . Chairman Austen adjourned the meeting at 9 : 15 PM . Y landa M . McLaughlin Recording Secretary 1 E ward Austen , C airman i s t r S I9 in iyt ty1 'A�eQk,3�ce�r Ai AA • r a! �. • ,.f m C w �F1iCZUJ01� W T 0 NN � l-aO1CJh G W i° fir-RA 'M tV r-• t rw' f p, IS) it � • . � � � . .. - •a yv ,�, S• ^1 Yt.. !•q t P ., • �� 1 �1 IA TI r i r i i i •�1"�G1et j • , y Jf J { tl a V N TWO goo awft d 4i y . 8 Q Y � Q 111 N co 0 K I • j V r� o o TOWN OF ITHACA FEE : $ 80600 126 East Seneca Street RECEIVED : Elgo ! CIH Ithaca , New York 14850 CASH ( 607 ) 273 - 1783 A P P E A L ZONING : to the Building Inspector/ Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission too � at i P \ e, a z, aco C,�P C [ u� e. Town of Ithaca Tax Parcel No . la g o� I 1 • 2 as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of : Article ( s ) Section ( s ) 7,(75 of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : op ( Additional sheet may be attached as necessary . ) in 0 u - 1 Cno Q as 4W cap o 4�� ' Q M 07 AC ASS=. �,�� '�'�C3'-C�^�i M � l n V 2S� MR:! i 1 a�' t � iT6z u -F'1P u . . By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application . Signature of Owner /Appellant : Date : J Signature of Appellant/Agent : Date : ec ome T ph N�Amb--eL 7 00 / o Work Telephone Numbe NOTE : If construction of work in accordance with any variances given does not commence within 18 months , the variance will expire . n, Town Assigned Project ID Number Rev . 10 / SC Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART 1 — Project Information ( To be completed by Applicant or Project Sponsor ) 1 . Appli t /Sponsor : 2 . Project Name : 3 . Precise L tion (Stree Addre an n ectlons prof iaeAt landmarks etc . or provide map) : all Parcel Number : (0 rTax s Proposed Action : NEs/ R�OEXP MODIFICATION / ALTERATION escribe Project Briefly ( include project purpose, present land use , current and future construction plans , and other t relevant items) : AD—Q terl0f\ 7t=� ji K \%rt6 C, GC3 <1 QS.T7!J C440 ,4DW46% i ( Attach separate sheet(s) if necessary dequately describe the proposed project .) i GOP 6 . Amount of Land Affected : Initially (0-5 yrs) I 'DiD ores (6- 10 yrs) LO b t Acres 010 yrs) Acres I How is the Land Zoned Presently ? 8 . Will propose action comply with existing zoning or other existing land use restrictions ? YES NO If no , describe conflict briefly : \ i i 9 . Will proposed action lead to a request for new : i Public Road ? YES NO E5000� Public Water ? YES %roo�NO Public Sewer ? YES NO 10 . What is the present land use in the vicinity of the proposed project ? Residential Commercial QIndustrial � Agriculture � Park /Forest /Open Space Other i Please describe =proposed involve a permit , aopr al , or funding , now or ultimately from any other governmental agency l) ? YES F7 NO If yes , list agency name and permit /approval/funding : 12 . Does anu aspect of the proposed action have a currently valid permit or approval ? YES NO If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . ! I I I CERTIFY THAT THE INFORMATION PROYIDED ABOYE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name (Print or Type) : AkAGPOL—Ph 3 n.4r• 4 CEIsJCr! Signature : � �_ ' • r`'� i .-G . �, .`� . Date : -+ � PART II - ENVIRONMENTAL ASSESSMENT o be completed by the Town ; Use attachments as necessary.) A. Does proposed action exceed any Type I threshold in 6 NYCAR , Part 617. 12 or Town Environmental Local Law? YES NO X If yes , coordinate the review process and use the full EAF. B . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCAR , Part 617. 6? YES NO X If no . a negative declaration may be superseded by another involved agency, if any. C . Could proposed action result in any adverse effects associated with the following : (Answers may be handwritten , If legible) C1 . Existing air quality , surface or groundwater quality , noise levels, existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly: See attached . C2. Aesthetic, agricultural , archaeological , historic, or other natural or cultural resources ? Community or neighborhood character? Explain briefly : See attached . C3. Vegetation or fauna, fish , shellfish , or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain briefly: See attached . C4. The Town's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? Explain briefly: See attached . C5. Growth , subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly : See attached . C6. Long term , short term , cumulative , or other effects not identified in C1 - CS ? Explain briefly : See attached . C7. Other impacts (including changes in use of either quantity or type of energy) ? Explain briefly : See attached . D. Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES NO >< If yes , explain briefly: See attached . E. Comments of staff CAC other attached. (Check as applicable. ) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect Identified above, determine whether It Is substantial, large, Important, or otherwise significant. Each effect should be assessed In connection with Its (a) setting (le, urban or rural) ; (b) probability of occurring; (c) duration ; (d) Irreverslblllty; (s) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed . Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. Check here if you have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary the reasons supporting this deli nation . Town of Ithaca Zoning Board of Appeals Name of Lead Agency Prepay s Signature ( If different from Responsible Officer Edward Austen , Chairman ame & le of Responsible Officer in Lead Agency Signature of Contributing Preparer 16?4 ae Z- A Date : zMV i nature of Responsible Officer in Lead Agency PART H - Environmental Assessment Country Club of Ithaca 189 Pleasant Grove Road Variance to Exceed 15 Foot Height for Accessory Structure A. Action is Unlisted B . Action will not receive coordinated review C . Could action result in any adverse effects on , to or arising from the following : C11 Existing air quality, surface or groundwater quality or quantity, noise levels , existing traffic patterns, solid waste production or disposal, potential for erosion , drainage or flooding problems? None anticipated. C2. Aesthetic , agricultural, archeological, historic , or other natural or cultural resources , or community or neighborhood character? The storage building with the proposed addition is screened from adjacent residential properties by mature trees. The storage building is approximately 300 feet from the boundary of residential properties to the north , and approximately 400 feet from residential properties to the east. The Country Club golf course essentially surrounds the storage building and proposed addition . No significant adverse impacts to cultural or natural resources or neighborhood character are anticipated as a result of this project. C3 . Vegetation or fauna, fish , shellfish or wildlife species , significant habitats, or threatened or endangered species? At least one mature oak in excess of 40 feet in height, currently overhanging the existing storage building, will be removed in order to complete this project. Other mature trees may be impacted, depending on site preparation methods and construction . Planning staff recommend that mature trees to be preserved be clearly delineated by tagging or temporary fencing to prevent damage to root systems during construction . Many mature trees, including oak and Norway spruce, immediately surround the existing structure and should be preserved to the extent practicable. C4. A community ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? This proposal is consistent with the Town of Ithaca Comprehensive Plan, and does not signify a substantial increase in intensity of use of the site for recreational purposes . The storage building with the proposed addition is screened from adjacent residential properties by mature trees. C5 . Growth subsequent development or related activities likely to be induced by the proposed action? None anticipated. C6 . Long term short term cumulative or other effects not identified in C1 -05 ? None anticipated. C70 Other impacts (including changes in use of either quantity or type of energy) ? None anticipated. D . Is there or is there likely to be controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. PART III - Staff Recommendation , Determination of Significance Based on review of the materials submitted for the proposed action , the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer: Louise Raimondo, Planner 1 Review Date: June 9 , 1994 May 14 , 1994 Raymond A . DiPasquale and Associates 203 Wyckoff Avenue Ithaca , New York 14850 - 2441 Country Club of Ithaca Phone and FAX : ( 607) 257- 7755 189 Pleasant Grove Road Ithaca , New York 14850 ATTN : Mrs . Judy Mehrer RE : Golf Cart Storage Building REPORT OF INVESTIGATION & RECOMMENDATIONS . At your request , on May 3 , 1994 , the undersigned conducted test cuts and took concrete core samples from the existing concrete roof deck of the golf storage building . The purpose of the investigation was to determine the safe load carrying capacity of the existing roof system which is proposed to be used as a future floor for the storage of golf carts . A new enclosure is to be built on top of the existing masonry building . The test cuts allowed the verification and measurement of the structural profile of the concrete roof system so that cross sectional properties could be determined and the capacity of the existing system calculated . The concrete cores were used to determine the condition and compressive strength of the concrete which is estimated to be approximately 35 years old . A visual inspection of the existing structure revealed that the building is in excellent shape with no settlement and very few signs of concrete deterioration or steel corrosion . The perforated metal plate ceiling is for decorative purposes only and is spot welded to the underside of a 6 " deep corrugated metal deck system . Metal ribs are 3 " wide and are 12 " on center . Concrete has been placed over this metal decking to form a 11 . 25 " total depth . There is welded wire fabric in the top slab portion and a 3 / 4 " reinforcing bar in the center of each rib . The deck units are 2 ' - 0 " wide . The concrete cores were delivered to Empire Soils Investigations , Inc . in Groton for testing . Their report is enclosed . The average compressive strength is 4250 psi which is excellent and not unexpected because my visual examination of the cores showed a good paste and aggregate configuration . STRUCTURAL CONSULTANTS / BUILDING FAILURE INVESTIGATION / CONCRETE & MASONRY TECHNOLOGISTS FORENSIC RECONSTRUCTIONS / PEER REVIEWS / CONSTRUCTION DISPUTE RESOLUTION BUILDING PERFORMANCE RESEARCH / SEMINARS / EDUCATION / TECHNICAL WRITING / EDITING / PUBLISHING Country Club of Ithaca Golf Cart Storage Building May 14 , 1994 Page 2 . The NYS Building Code requires a live load for vehicle ( automobiles ) storage of 50 psf . Based on the concrete strength , the structural profile , and the span , my calculations show that the existing roof system can take 50 psf without any problem . This is a conservative estimate because these system are tough and because of the metal deck behave in a ductile manner - meaning that at ultimate failure ( safety factor is about 2 ) , there is plenty of warning . To put your mind at ease : there is absolutely no danger even if you stacked the carts two high ! The carts weigh about 600 lbs and occupy an area of about 24 sq ft which computes to about 25 psf . I understand that you are considering a metal building for the enclosure system , at a cost of around $ 11 , 500 . I recommend that you consider the life cycle costs in analyizing a metal building vs a masonry one . In my judgement a metal building is not the way to go for long term performance even if the first cost is less . I have seen too many failures in this type of minimal construction . Accordingly , I took the liberty of asking McGuire & Bennett to give me a cost estimate for an 8 " concrete block building with wood trusses ( clear span ) , metal roofing , two 8 ' x 8 ' overhead doors , gutters , metal fascia , and 4 wall vents . Their price ( including sales tax ) is $ 16 , 250 . For long term durability , I recommend spending the extra $ 4750 . Amortized simply over a 20 year period it amounts to $ 240 . 00 per year . This concludes my investigation and analysis . In summary , you can proceed with your plans to use the existing building to add another story without any hesitation . If I can assist you further , please do not hesitate to call me . I appreciate the opportunity to assist you in this matter . Sincerely , MOND A . DiPAS AL ASSOCIATES aym nd A . DiPasquale . A chi ect / Structural C nsultant encl . i 71 1 � nQ � � I a ; 2 ji O 1.75AC j > r jl •o• • j •N I 1. 2 j 92.22 AC. I j j \Q Or II \ 1 Q so I' ,� •cOMOELL Ii i 4 j •`' s CORrrll 4r1YERSITr 12 AC. Q = •r `� Irt LI c l � 1 L r j _ \ COMMELL UMIYERSITr ' dx v i o ! � I r ' 1 12.1 - \ 13AAC. c\ a c AC. CAL. it c � - e coM«EU VAIYEVSIT♦ o , I COMMEyl IM IYE RSIwT f SEE 4LO6 - ;\ E 6 ( AunoR,r, • �. REVISIONS SPECIAL DISTRICT IMPMuerinr 4a `v , p � � ';;l.,J � E i; _ ♦... ,'i X t.� rye, /, ' l.. r� r ,Vi, it SOL Ll AT C 4p op ftr r' • • _ 1 t l� Aerial •• • taken iTHACA. III.Y. 14.8;=� N- 1 i PLOT PLAN INFORMATION TO BE SHOWN : 1 . Dimensions of lot . 4 . Dimensions and location of proposed structure ( s ) or 2 . Distance of structures from : or addition ( s ) . a . Road , 5 . Nanes of neighbors who bound lot . b . Both side lot lines , 6 . Setback of neighbors . c . Rear of lot . 7 . Street name and number . 3 . North arrow . 8 . Show existing structures in contrasting lines . 1 n s - - dVx. EISCL-AT GiWvZ VF�l� G Signature of Owner/Appel 1 an Date : �� 8�9 Signature of Appellant / Agent : Dale : PLOT PLAN INFORMATION TO BE SHOWN : 1 . Dimensions of lot . 4 . Dimensions and location of proposed structure ( s ) or 2 . Distance of structures from : addition ( s ) . a . Road , 59 Names of neighbors who bound lot . b . Both side lot lines , 60 Setback of neighbors . C . Rear of lot . 7 . Street name and number . 3 . North arrow . 8 . Show existing structures in contrasting lines . T tz ss.2=s �� on Ct-nT-R. - © S3 Ste ► nG �il " X�o �iZG1n'11nG " oz - Cmmih S'C�. on sws. I� Q,U,.� , �1Sd,5 ae�unv "TO Lo av te.t4 n Dom e:5 . I i l I HEREBY CERTIFY that the structure for which this Permit will be issued , or has been issued , will be built , or has been built , according to the latest Standards of the New York State Uniform Fire Prevention and Building Code , AND FURTHER , I HEREBY CERTIFY that the required inspections will be requested and scheduled , with 24 hours ' notice . e4 ) Signature of Landowner or Aut orized Agent Tompkins County DEPARTMENT °OF PLANNING 121 . East. Court Street ` Ithaca; New York 14850 James W. Hanson, Jr. Telephone (607) 274-5560 Commissioner of Planning FAX (607) 274-5578 May 26, 1994 Mr. Andy Frost Town of Ithaca 126 E . Seneca Street Ithaca, NY 14850 Re: Zoning Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Variance, Country Club of Ithaca Dear Mr. Frost: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Please inform us of your decision so that we can make it a part of the record. Sincerely, 9,%"7w /' 99x1 l rf RECEIVED James Hanson, Jr. Commissioner of Planning MAY 31 1994 TOWN OF ITHACA BUILDING/ZONING to If Recycled paper COP. NELL / COLLUM TEL : 607 - 257 - 6220 May 23 ' 94 14 : 03 No . 001 P . 01 May 23 , 1994 MEMO TO : Andrew Frost. Town of Ithaca Building InspectoriZoning Officer FROM : Candace E. Cornell , Town of Ithaca Conservation Board , Chair SUBJECT : Zoning Board of Appeal Applications : Kingsbury ; Mcnkemeyer ; and Country Club of Ithaca Kingsbury Stud6o, Extension it is unlikely that the proposed building extension will have any negative environmental impact. However, if there are any chemicals stored in the building , they must be stored property . Considering the predominant grade of the site , it is unlikely that the additional building height will have any environmental impacts . It Is unlikely that the addition will have any serious environmental impacts. However, building too close to the pine trees surrounding the proposed extension could severely damage their shallow root systems. in an effort to preserve as many trees as possible, I recommend that the applicant consult an arborist or landscape nursery for proper siting distance from the trees before starting the project. Care should be taken to insure that the existing and additional golf carts and their fuel are stored properly to prevent leakage of petrochemicals into the ground water. No further review will be necessary by the Environmental Review Committee . Thank you for forwarding these zoning appeal applications for Conservation Board review.