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Home My WebLink AboutZBA Sign Variance 4/20/2009TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, April 20, 2009 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, April 20, 2009, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M., on the following matters: GRANTED APPEAL of Douglas G. Bianchi, Owner /Appellant, requesting the continuation of a variance from the requirements of Chapter 221,-4 A(2) and Section 221-7 C(4) of the Town of Ithaca Code permitting a new freestanding, off -premises sign for the East Hill Car Wash. The proposed sign will be located on Pine Tree Road, Town of Ithaca Tax Parcel #62.-2-13.2 Community Commercial Zone (CC). GRANTED APPEAL of Timothy requirements of Chapter 270, Article property located at 213 King Road E., Zone. S. Whittier, Owner/Appellant, requesting area variances from the VIII, Section 270-60 (C), to allow insufficient side yard setbacks on Town of Ithaca Tax Parcel # 45.-2-3, a Low Density Residential (LDR) Said Zoning Board of Appeals will hear all persons in support of such matters or objections thereto. Assistance will be provided for individuals with special needs, upon request. Such requests should be made not less than 48 hours prior to the public hearings. Bruce W. Bates Director of Code Enforcement 607-273-1783 Dated: April 9, 2009 Published: April 11, 2009 0 FILE DATE Zoning Board of Appeals 215 North Tioga Street, Ithaca, NY 14850 Monday, April 20, 2009 7:00 PM Present Board Members: Kirk Sigel (Chairperson), Harry Ellsworth, Ron Krantz, James Niefer, David Mountin, Susan Mann, Staff Members: Debby Kelley, Bookkeeper to the Supervisor (filling in as Secretary); Susan Brock, Attorney for the Town; Bruce Bates, Director of Code Enforcement. Others: George Patte, Jr., Attorney; Timothy Whittier, Doug Bianchi. Call to Order Chairperson Sigel called the meeting to order at 7:03 p.m. He welcomed everyone to the April meeting of the Town of Ithaca Zoning Board of Appeals and announced there were two appeals before the board. The appeals would be taken in the following order: 1) Douglas Bianchi and 2) Timothy Whittier. APPEAL of Douglas G. Bianchi, Owner /Appellant, requesting the continuation of a variance from the requirements of Chapter 221,-4 A(2) and Section 221=7 C(4) of the Town of Ithaca Code permitting a new freestanding, off -premises sign for the East Hill Car Wash. The proposed sign will be located on Pine Tree Road, Town of Ithaca Tax Parcel #62.=2-13.2 Community Commercial Zone (CC). Doug Bianchi came before the Board and stated he was before the Board a year and a half ago and the variance he received at that time expired in February. He had a difficult time working with Cornell on an agreement that would allow 'for him to erect a sign on the property. Chairperson Sigel asked if the plans for the sign have changed. Mr. Bianchi responded that the patency of the electrical conduit was disrupted by the redevelopment in the area. He did know for certain if wires can be pulled through it; if they are not able to then the sign will not be illuminated. Chairperson Sigel confirmed that the size of the sign and sign content are the same. Mr. Bianchi provided the Board with a copy of Cornell's proposed changes to the sign. The Board and Mr. Bianchi briefly discussed the minor changes Cornell made to the proposed sign. Chairperson Sigel asked Attorney Brock if she saw a problem with the Board moving the same resolution (ZB 2007-037). Attorney Brock did not think that would be a problem, but thought that there was some confusion about the clock aspect of the sign when it was approved in August 2007. She suggested that language be added to the Zoning Board of Appeals Minutes of April 20, 2009 Final resolution to clarify the clock portion of the sign. Attorney Brock then asked if the clock was still going to be part of the sign. Mr. Bianchi responded that the clock would be part of the sign if they still have electricity to the site of the sign. Attorney Brock explained that the Zoning Board approved the sign in August 2007 as long as there was no sense of motion or blinking lights. Mr. Bianchi further explained that the only motion on the clock would be when the time changed. Attorney Brock thought that the 2007 Zoning Board's intent was to allow the clock. Chairperson Sigel confirmed that the clock would only show hours and minutes, not seconds. Attorney Brock asked if the clock's colon would be blinking to tell the seconds. Mr. Bianchi thought that that feature of the clock was programmable and could be shut off. Chairperson Sigel said that he did not have a problem with a clock that changed once every minute, but he was not in favor of a clock feature that changed every second because it was close to the prohibition in the law on features that create a sense of motion. The intent of the sign law is to prevent a distraction. Mr. Bianchi responded that the clock would be similar to the Trust Company clock located on the West End. Chairperson Sigel solicited thoughts from the Board on the clock. Board Member Mann commented that the Trust Company sign on the West End changes between Centigrade and Fahrenheit. She thought that it would be a programmable feature on the sign to not have the colon blink and that her preference was for the colon not to blink. With no other questions or comments from the Board, Chairperson Sigel opened the public hearing at 7:11 p.m. There being no one, Chairperson Sigel closed the public hearing at 7:11 p.m. Chairperson Sigel moved to make a negative determination of Environmental Significance for the reasons stated in Part II of the Environmental Assessment Form prepared by Town Staff. Board Member Krantz seconded. Vote carried unanimously. ZB RESOLUTION 2009=011: Environmental Assessment, Sign Variance, Douglas Bianchi, Pine Tree Road, Tax Parcel No. 62.=2-13.2 MOTION made by Chairperson Sigel, Seconded by Board Member Krantz. RESOLVED, that in regard to the appeal of Douglas Bianchi, this Board makes a negative determination of environmental significance for the reasons stated in Part 11 of the Environmental Assessment Form prepared by Town Staff. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin NAYS: None. Page 2 of 7 Zoning Board of Appeals Minutes of April 20, 2009 Final Motion was carried unanimously. Chairperson Sigel then moved ZB Resolution No. 2007-037 in its entirety with the addition of a 6th condition prohibiting the clock on the sign to show seconds and, if possible, no part of the clock shall blink. Board Member Ellsworth seconded. Vote— carried unanimously. ZB RESOLUTION 2009=012: Sign Variance, Douglas Bianchi, Pine Tree Road, Tax Parcel No. 62.=2-13.2 MOTION made by Chairperson Sigel, Seconded by Board Member Ellsworth. RESOLVED, that this Board grants the appeal of Douglas Bianchi, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road, tax parcel number 62. -2-13.2 and 62.-2-13.6, community commercial zone. The proposal is to install a new approximately 69 square foot sign, 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and the proposal includes a copy change section. CONDITIONS 1. That the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law, which is Town Code section 221, 2. That the applicant must obtain a sign permit prior to installing the sign, 3. That the submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit, 4. That the sign have no copy change element, 5. That the setback from the side lot line be no less than 3 feet and the sign is permitted to be located off -premises, and 6. That while the clock element of the sign is allowed that the clock shall not show seconds and if possible, no part of the clock shall blink. FINDINGS 1. That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. Page 3 of 7 Zoning Board of Appeals Minutes of April 20, 2009 Final 2. The applicant's request as modified by the conditions of this variance, specifically that the benefit that the applicant wishes to achieve cannot be met by any other means feasible given that the applicant's business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road. 3. That further it will not be an undesirable change in the neighborhood character, which are nearby properties, given that the sign as modified by this board is in keeping with the character of other signs nearby which are also conforming. 4. That the request is not substantial, that the sign is conforming in size and is only nonconforming in location. 5. The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin NAYS: None. Motion was carried unanimously. APPEAL of Timothy S. Whittier, Owner/Appellant, requesting area variances from the requirements of Chapter 270, Article VIII, Section 270=60 (C), to allow insufficient side yard setbacks on property located at 213 King Road E., Town of Ithaca Tax Parcel # 45.-2-39 a Low Density Residential (LDR) Zone. George Patte came before the Board and introduced himself and Tim Whittier, Chairperson Sigel asked if Mr. Patte had anything to add to the materials. Mr. Patte said that he received a hand written letter from Mr. and Mrs. Price of 209 King Rd E stating that they did not object to the proposed variances on the property. (Letter filed with variance request.) Chairperson Sigel noted that the insufficient side yard .setback has existed since 1985 and that a pending sale brought attention to the issue. He said that Mr. Williams, Code Enforcement Officer, estimated the actual setback to be 9 feet. Attorney Brock explained that when the distance from the stairs to the side lot line is measured it is 9 feet. She went on to say that the survey dated November 7, 2008 provided to the Town measures the distance from the corner of the building to the side lot line as 15.2 feet, but the stairs and the landing need to be counted as encroachment into the side yard. Chairperson Sigel solicited questions and comments from the Board. Alternate Board Member Mann asked why a Certificate of Occupancy was issued for the property if it did not comply with setback requirements. Chairperson Sigel explained that the house originally did not have living space above the garage. Mr. Whittier indicated that the living space was built as part of the original garage. Chairperson Sigel asked if the Page 4 of 7 l ADOPTED RESOLUTION ZB RESOLUTION 2009=012 Sign Variance Douglas Bianchi Pine Tree Road Tax Parcel No. 62.=2-13.2 April 20, 2009 MOTION made by Chairperson Sigel, Seconded by Board Member Ellsworth. RESOLVED, that this Board grants the appeal of Douglas Bianchi, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road, tax parcel number 62.-2-13.2 and 62.-2-13.6, community commercial zone. The proposal is to install a new approximately 69 square foot sign, 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and the proposal includes a copy change section. CONDITIONS 1. That the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law, which is Town Code section 221, 2. That the applicant must obtain a sign permit prior to installing the sign, 3. That the submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit, 4. That the sign have no copy change element, 5. That the setback from the side lot line be no less than 3 feet and the sign is permitted to be located off -premises, and 6. That while the clock element of the sign is allowed that the clock shall not show seconds and if possible, no part of the clock shall blink. FINDINGS 1. That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. 2. The applicant's request as modified by the conditions of this variance, specifically that the benefit that the applicant wishes to achieve cannot be met by any other ZB RESOLUTION NO. 2009-012 PAGE 2 means feasible given that the applicant's business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road. 3. That further it will not be an undesirable change in the neighborhood character, which are nearby properties, given that the sign as modified by this board is in keeping with the character of other signs nearby which are also conforming. 4. That the request is not substantial, that the sign is conforming in size and is only nonconforming in location. 5. The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin NAYS: None. Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Carrie Coates Whitmore, First 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 20th day of April 2009, First Deputy Town Clerk Town of Ithaca TOWN OF ITHACA 215 N. Tioga Street, ITHACA, N.Y. 148150 TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 BUILDI HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 r 2 J Zoning Board of Appeals Application Form: SUBMIT THIS ONLY AFTER: (1) APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETERMINATION /DENIAL FROM CODE ENFORCEMENT STAFF OR (2) REFERRAL FROM PLANNING BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW. ZBA Appearance Fee: $100 Please check all that apply, Area Variance Use Variance J� Sign Variance Sprinkler Variance Special Approval For Office Use Only Property is located within or adjacent to: County Ag District UNA CEA Forest HomeHistoricDistrict State Park/ahother municipality For Office Use Only Date Received *3a la -0 4;igh-er Check No. c M Zoning District Applicable Section(s) of Town Code: N The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to at Teee Town of Ithaca Tax Parcel No. Z , as shown on the accompanying application and/or plans or other supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any additional sheets as necessarv): Psv�i�eL 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: D. Signature of Appellant/Agent: Print Name Here: "Oo uala.5 fit. B; o -n Ck % Date: Home/Cell Telephone Number: tom?" — �Y� —� /� Work Telephone Number: 7 - a? ' NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance willexp' . Your attendance at the meeting is strongly advised. Revised 4-12-08 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be comDleted by ADDlicant or Proiect SDonsor) 1. Applicant/Sponsor 2. Project Name 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Tax Parcel Number: 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Attach separate sheets if necessary to adequately describe the proposedproject.) 6. Amount of land affected: Initiall (0-5yrs) Acres (6-10yrs) >10yrs) Acres 7. How is land zoned presently? 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO Public Water? YES NO Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO 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): Signature and Date: Revised 4-12-08 ADOPTED RESOLUTION ZB RESOLUTION 2009=011 Environmental Assessment Sign Variance Douglas Bianchi Pine Tree Road Tax Parcel No. 62.=2-13.2 April 20, 2009 MOTION made by Chairperson Sigel, Seconded by Board Member Krantz. RESOLVED, that in regard to the appeal of Douglas Bianchi, this Board makes a negative determination of environmental significance for the reasons stated in Part II of the Environmental Assessment Form prepared by Town Staff. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin NAYS: None. Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Carrie Coates Whitmore, First 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 20th day of April 2009. First Deputy Town Clerk Town of Ithaca TCW Associates, Inc. 1263 Ellis Hollow Rd. Ithaca, NY 14850 (607) 2774630 March 12, 2009 Town of Ithaca Zoning Board of Appeals 215 N. Tioga St. Ithaca, NY 14850 Dear Board Members: This application is a request to extend the deadline for an exiting Adopted Resolution (2007-84) granting a sign variance to replace the sign on Pine Tree Rd. for East Hill Car Wash. Please recall that the previous permitted sign was displaced by Cornell's development of the site on which it was located. The request for this extension is due, in part, to Cornell's rigidity over design control and the terms of the License Agreement they have put forth (see attached). Ongoing discussion has yielded positive progress recently, and I am confident that a resolution is imminent. Health issues last fall precluded my attention to this matter also. The sign presented in the original request for variance will be modified in content and color to address Cornell's concerns (see attached). The dimensions will be approximately 6'9" X 7'4", but will ultimately stay within the code limits of 50 square feet. A final drawing will be submitted along with the final License Agreement when negotiations are completed. Thank you for considering this request. Sincerely: Douglas G. Bianchi U ADOPTED RESOLUTIOND PB RESOLUTION No. 2007 0 084 Recommendation to Town of Ithaca Zoning Board of Appeals Sign Variance — East Hill Car Wash 383 Pine Tree Road Tax Parcel No.'s 62=2=113.2 and 62�2a13.6 Town of Ithaca Sign Review Board (Planning ,Board) August 7, 2007 MOTION made by Fred Wilcox, seconded by George Conneman. WHEREAS: 1. This action is consideration of a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for the East Hill Car Wash located at 383 Pine Tree Road, Town of Ithaca "ax Parcel No.'s 62-2-13.2 and 62-2-13.6, Community Commercial Zone. The proposal is to instal! a 69 +/- square foot sign on Cornell University property at the new driveway entrance on Pine Tree Road. The proposed sign; will be approximately 16 feet high, internally lit, and includes a clock and a copy change section. Variances for this proposal include, but are not limited to, it being an off -premise sign, which is not permitted, it will exceed the maximum size of signs permitted, it con tains a copy change section, which is not permitted, and it is located too close to the side lot line. Cornell University, Owner; TCW Associates, Inc., Applicant; Douglas O. Bianchi, Agent. 2. The Planning Board, at a Public: Hearing held on August 7, 2007, has reviewed and accepted as adequate a drawing entitled "Layout Plan" dated 01-05-06, a dimensioned drawing of the proposed sign (pg 5), and other application material, and NOW THEREFORE BE IT RESOLVED', That the Town of Ithaca Planning Board, acting as the Sign Review Board, recommends to the Zoning Board of Appeals that the, request for sign variances for an off -premise sign that is within the 15 foot side yard setback, where off -premise signs are prohibited and freestanding signs shall be placed no closer than 15 feet from a side lot line, be approved, AND BE IT FURTHER RESOLVED-. That the Town of Ithaca Planning Board, acting as the Sign Review Board, recommends to the Zoning Board of Appeals that the request for a 69 +/- square foot freestanding sign which includes a copy -change section, where 50 square feet is the maximum area allowed for a freestanding sign in the are not allowed on freestanding signs, subject to the following conditions: commercial zone and where copy -change signs be denied, a. the proposed sign shall not exceed 50 square feet in total sign area, as defined in the Town of Ithaca Sign Law (Town Code Section 221), and b. the applicant must obtain a sign permit prior to installing the sign, and C. submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Car Wash io allow the piacemeni of the sign on Cornell properly, prior to issuance of any sign permit, A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Thayer, Talty, Riha and Erb NAYS: Hoffmann ABSTENTIONS: None The motion passed. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) I, Paulette Neilsen, Deputy Town hereby certify that the attached resolution Planning Board of the Town of Ithaca at 2007. Clerk of the Town of Ithaca, New York, do is an exact copy of thq same adopted by the a regular meeting' op( the 7th day" of Auq.ust l Deputy Town Clerk Town of Ithaca 0000❑❑❑ Town Assigned Project ID Number Town of Ithaca Environmental Review 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 Proiect Suonsorl 1. Applicant/Sponsor 2. Project Name YfA�> 1Y«�&, 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) - ; A1040'r �b p ue w&y �iU f�'r^' c e � 3?3 4e3p.(' fNeT ee 6 t"Ls s��tei2 // Tax Parcel Number: 07 . — e /3 , 6 (cl}ST 14. dr.42A.4 uc it k l!.J_ J - % t � /?Jo., p-Aerk 0,110P9 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose,, present land use, current and future construction p ans, and other relevant items): 0Cf2e0l, 1J.S( xJS?1 ,4 ej eqG 1, 01 5TAI) Regeue%op,�-ep-�' See 44 aQ.e,u:,)u-ficc ox) ReOf4S-e (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected:^- Initially (0-5yrs) Acres 10 7. How is land zoned presently? 8. Will roposed action comply with existing zoni g or other existing land use restrictions? Yes? NO _ If no, describe conflict briefly: 9. Will proposed action lead to a request for new: � Public Road? YES NO X Public Water? YES NO / / Public Sewer? YES NO /� 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: WJ 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO.X_ 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 a d permit/approval. Also, state whether it will require modificatio/n. / o u,JiZvX0 S. n� �/1ln, [`�'2. / J �� 40s_�i/ (.�! 2l4 rjet I CERTIFY THA I HE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): 'DO41 S/ ' .,41V61¢ (` /i Signature and Date: i (D iz. Addendum: Town of Ithaca Short Environmental Assessment Form Part 5. East Hill Car Wash (tax parcel 62-2-13.6) is located on an interior lot with no frontage on Pine Tree Rd. The purpose of this request for variance is to replace a previously permitted sign on Pine Tree Rd. This sign was installed in 1981 by agreement between property owner, Groff Associates (Robert A. Groff, Stewart D.Knowlton, James J. Lynch), and Daniel R. & Heather R. Kailburn, the owners of East Hill Car Wash. The sign site property was subsequently sold to Cornell University and the existing sign was displaced in September, '06, by the development of an office building at 391 Pine Tree Rd. The final site plan approval for 391 Pine Treed Rd. was, in part, contingent upon adequate space on Pine Tree Rd., in the approximate location of the former sign, being provided to erect a new sign for East Hill Car Wash. Cornell University has granted permission to place a new sign on their propertyt (attached letter to Cathy Valentino from John Majeroni, January 8, 2007) in the area shown pages 4 & 6 of the sign permit application. PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town. Use attachments as necessarv) A. Does proposed action exceed any Type I threshold in 6 NYCRR, 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 NYCRR, 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: None anticipated C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None anticipated C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. 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: None anticipated C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated 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 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 adequately 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. �e Town of Ithaca Zoning Board of Appeals Name of Lead Agency Kirk Sigel Chairperson Name & title of Responsible Officer In Lead Agency Signa[ure of Responsible Officer in Lead Agency Preparer's Signature(If different from Responsible Officer) SiLmature of Contributing Preparer DA REVOCABLE LICENSE THIS AGREEMENT made this day of February, 2009, by and between CORNELL UNIVERSITY, c/o Real Estate Department, Box DH, Ithaca, New York, 14853, and hereinafter called the "Licensor", and Doug Bianchi, having an address of New York, hereinafter called the "Licensee". WITNESSETH: WHEREAS, Licensor is the owner of certain real estate situate at 391 Pine Tree Road, being tax parcel 63-1-3.4 and TP# 62-2-13.2 in the Town of Ithaca, County of Tompkins, State of New York, hereinafter "Licensor's Property", and WHEREAS, Licensee is the owner of certain real estate situate at 383 Pine Tree Road, being tax parcel 62-2-13.6 in the Town of Ithaca, County of Tompkins, New York, hereinafter "Licensee's Property", and WHEREAS, the Licensee desires to use a portion of Licensor's Property for the purpose of installing a sign for its business known as the East Hill Car Wash located on Licensee's Property, NOW, THEREFORE, for good and valuable consideration Licensor hereby grants to the Licensee the(non-exclusive right to use a portion of Licensor's Property, being a parcel of land 10 feet x 10 feet and more particularly shown and described on the attached Exhibit A (the "Premises"), for the purpose of installing a sign for the East Hill Car Wash. (Use shall be in common with Licensor, its employees, agents, guests and invitees). In consideration of the granting of said license, the Licensee undertakes and agrees as follows: 1. Licensee shall use the Premises solely for the installation, operation, maintenance and repair of the sign for the East Hill Car Wash. 2. Licensor shall have the right to approve the size and design of the sign, which approval shall not be unreasonably withheld. 3. Licensee shall not construct any other improvements on the Premises or fence the Premises or Licensor's Property, nor shall Licensee deposit any debris on the Premises or Licensor's Property. 4. Licensee shall pay a one-time license fee of $10.00 to Licensor, at the above address and without notice or set-off, the receipt of which Licensor hereby waives so long as the terms and conditions of this License are not in default. 5. This license may not be transferred or assigned and the Licensee agrees not to attempt to give or confer any rights to others in the Premises without the written consent of Licensor which shall not be unreasonably withheld. 6. Licensee agrees to adhere and conform to any applicable municipal, county and state rules, regulations, laws and codes regarding the installation, operation, maintenance and repair of the sign on the Premises. 7. This license shall remain in effect until sixty (60) day written notice from Licensor. Upon the expiration thereof, the Licensee will remove the sign from the Premises and cease to occupy or use the same. Licensee will return the Premises to the same condition as is currently, i.e. graded and reseeded, to the satisfaction of Cornell. Any real or personal property placed upon the Premises by Licensee and not removed upon the termination of this license shall immediately thereupon become the property of Cornell, or, at Cornell's discretion, shall be removed at the expense of the Licensee. S. Licensee will indemnify Licensor against, and will hold it harmless from, any claim, demand, action, suit, liability, or judgment that may be connected to arise out of, or result in whole or in part from the use or occupancy of said Premises or Licensor's Property by Licensee, its employees, agents, invitees and guests, including the investigatory and legal costs. Licensee will name Licensor as an additional insured with minimum liability limits of (One Million Dollars). 9. In the event of the refusal or failure of the Licensee to comply with any of the foregoing terms and conditions, Licensor may immediately terminate this license and remove the Licensee and the Licensee agrees that in such event and upon demand it will immediately remove from and cease to use or occupy the Premises. 10. This license and the terms and provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have signed this Revocable License as of the date first above written. CORNELL UNIVERSITY, LICENSOR By: Stephan E. Lauzier Director, Real Estate Department DOUG BIANCHI, LICENSEE -rnm rmmlas G_ Rianrhi ii W kodatet. Inr_ war. MMI -4630 at Tnv Of fthara Pace 2 of 2 Thmsdas. W6 2:0K PM Ta: RA 03/0712009 20:02 6075338589 PAGE 01;01 OF I TOWN OF ITHACA A. 3 21 215 N, Tioga Street, ITHACA., N.Y. 14850 TOWN CLERK 273-1721 ENGTNEERING 273-1747 PLANNING 273-1747 CODE ENFORCEMENT 273-1783 HiGNW.AY (Roads, Parks & Trails, Water &- Sewer) 273-1656 FXX (607) 273-170 Febramry 26, 2009 Douglas Bianchi TCW Associates 63 W Groton Rd "I VIVL, 1V A L ti +-' FM sign application Dc.v Mr. Bianchi This letter is written as follow up to the phone message that I left for you last Friday regarding your application to place an off -premises sign on the property at Tax Parcel NuzxlbeT 62.-2-13.2_ As 1 explained in the voice message, the application that you submitted cannot be approved for the follodning reasons: 1 _ The Zonas Board of Appeals placed a condition on the variance approval that the sign be no more t1m 50 square feet. The sign you applied for is 51.3 square feet. 2. The Zoning Board of Appeals placed a condition on the variance approval that documentation of the Cornell easement be submitted prior to the issuance of the sign permit. Toavoid having the variance approval expire, as regulated by section 270=235 of the Codes of the Town of Ithaca, you must subRT t a revised sign plan and a copy of the easement within 14 days of the date of this letter. The revised sign plan trust be consistent with the Zoning Boards of Appeals approval for both appc=nce and size, Please call this office with any questions. Sincerely, ae i e` Senior Code Enforcement Officer cc: Herb Engman, Town of Ithaca. Supervisor Mike Smith, plwmer Bruce Bates, Director of Code Enforcement Thomas L ivigne, CU ileal Estate yy Associates, CCn cO A Ithaca, NY 14850 (6 07) ) p July 17, 2007 Town of Ithaca Planning/Sign Review Board 215 N. Tioga St. Ithaca, NY 14850 Dear Board Members: J U L. 1 9 2007 Enclosed, please find an application for a sign permit with supporting documents. This sign is to replace a previously permitted business sign for East Hill Car Wash that has been displaced by the development of an office building at 391 Pine Tree Rd. The previous sign was situated in approximately the same location as the proposed sign. East Hill Car Wash has operated for over 25 years from an interior lot, located behind what is currently operating as Olivia Restaurant, with no frontage on Pine Tree Rd. As the landscape continues to mature and change with development, maintaining a substantial sign presence on Pine Tree Road is imperative to this remaining a viable business. The proposed sign was designed by and is to be built by Cayuga Signs, Inc. It measures six feet wide by eight feet, four inches high (<50 sq.ft./side), excluding the clock area and utilizes two, four inch square steel posts for support. It is proposed to have a maximum height of sixteen feet, four inches to allow for six feet of open space beneath the sign, so as not to obstruct motorist line of site at the intersection. The top portion, measuring 6'X6'3" will be internally lighted by high efficiency white fluorescent tubes in accordance with code requirements. I will be happy to answer any questions or provide additional information, as requested. Thank you.for your consideration of this application. Sincerely: j C Douglas G. Bianchi Encls.: Permit Application, E-mail Correspondence, CU Real Estate Site Authorization, Sign Drawing, Site Pictures, Tax Map. Cornell University January 8, 2007 Cathy Valentino Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Real Estate Department 15 Thornwood Drive Ithaca, NY 14850 t. 607.266.7866 f. 607.266.7876 wwwre.comell.edu RE: Application for Doug Bianchi to install a sign for the East Hill Car Wash on Cornell University Property located at 391 Pine Tree Road, Ithaca, NY Dear Ms. Valentino: Please allow this letter to serve as authorization from Cornell University for Doug Bianchi to appear before the proper boards of the Town of Ithaca in order to apply for the necessary approvals as it relates to the installation of a sign for the East Hill Car Wash located at 383 Pine Tree Road. The tax map identification number for the Cornell University parcel upon which the sign will be located is 62-2-13.2. If you have any questions or concerns, please contact me directly at 607-266-7870. Very truly yours, cc: Doug Bianchi, East Hill Car Wash Py 2 Jkanter@town.ithaca.ny.us, 04;07 PM 11/2912005, 391 Pine Tree Rd. Project To: jkanter@town.ithaca.ny.us From: Douglas Bianchi <dgb7@cornell.edu> Subject: 391 Pine Tree Rd. Project Cc: Hermans@inteprop.com Bcc: Attached: Dear Planning Board: 1 am unable to attend tonight's special meeting but would like to express my thoughts and concerns on this project as the owner/operator of East Hill Car Wash, located adjacent to the development site. First, I welcome the addition of this building as it will help to bring traffic to area businesses and greatly improve the aesthetics of the area. Since Genex moved, the rear of the property has suffered from a lack of maintenance. The landscape has become overgrown and unsightly. Also, the addition of a properly constructed roadway should slow the deterioration of the surface material caused by the large delivery trucks that exit East Hill Plaza via this route and create the omnipresent pot -holes that exist. My concerns with this project are two -fold. First, is the impact that the road construction phase will have on our business. People use our facility to drive away with a clean car. A dirt roadway will discourage customers from using the wash. It is imperative to our financial health that construction of the new roadway be done expediently to minimize the disruption of traffic flow and the amount of time the surface exists in an unpaved state. Second, and probably of most importance, is our ability to have our business name located on Pine Tree Rd. as it is now. The car wash is located behind Olivia Restaurant, with no frontage on Pine Tree Rd. Exposure from Pine Tree is minimal as the line of sight to our facility is mostly obscured by maturing trees. The plan eliminates the area where our sign is currently situated. To my knowledge, no provisions for replacement of this structure exists in the current plan. The loss of a substantial sign presence on Pine Tree Rd. would be devastating to our business. I have brought these concerns to the attention of Mr. Herman Sieverding, integrated Acquisitions and Development. He has been most understanding and the discussion is on-going as how best to resolve them. Thank you for considering these issues. Sincerely: Doug Bianchi Douglas G. Bianchi Vice President TCW Associates, Inc. 1263 Ellis Follow Rd. Ithaca, NY 14850-2920 (607) 277-4630 (ph/fax) P5 3 Mr. Bianchi — Well, we are replacing a sign. This is, in fact a new sign, but it replaces an existing sign or a sign that had existed prior to the redevelopment of the area. The existing sign was displaced by the widening of the roadway. Chairperson Sigel — Was that sign a wooded panel? Mr. Bianchi — It was a wood frame ... yes, essentially it was a 4x8 sheet of plywood, double -sided. So in reality it also was larger than and must have had a variance. It was larger than the existing... Chairperson Sigel — You said 4x8. That would be 32 square feet. Mr. Bianchi — Right, but isn't the size determined by both sides? Chairperson Sigel — No. You get both sides. Right? Ms. Balestra — Right. Chairperson Sigel — So, an approximate 7x7 sign, double sided, is a 50 square foot. Mr. Bianchi — Okay. I misunderstood or misinterpreted that. I thought both sides counted in the total footage. Chairperson Sigel — So is your 69 square feet the sum of both sides? Mr. Bianchi — I don't think so. Ms. Balestra — No. Chairperson Sigel — Because otherwise...[laughter] Mr. Bianchi — We have purposely made this as big as it is to provide information. We are trying ... I assume you all have a picture of it in front of you. It may or may not be in color. I will show you what the color version looks like. Chairperson Sigel — We do have a black and white picture. Mr. Bianchi — [referring to picture] This is what it will look like in color. The only difference and you have it as ... this space will be filled in. So there won't be a gap. It'll blend better with the sign, I feel. Just the top portion with the name and logo will be illuminated and the clock. The changeable letters will not be and I feel they are important to be able to interact, provide information and interact with the motoring public. If you look at the page in your that has the 3 pictures on it, if you look at the upper right hand picture, landscape orientation, you just can't tell there's a carwash anywhere in that area and that's looking into the access to the carwash. So we need to be able to identify ourselves from a distance, from a distance far enough away that people can make a decision and a safe passage into the property, make the determination that they are going to turn and make lane changes -as appropriate to prepare to do that safely. We've made it vertical and elevated it 6 feet so as to keep an open area underneath so it wouldn't block any vision from motorists, leaving the driveway and also in the wintertime I assume there is going to be snowbanks along that sidewalk that would get built up to a height that could block the sign. It would also stand out a little more from the other signs on that side of the road. Chairperson Sigel — Your proposed clock, is that... are those LED segments? Mr. Bianchi — Yes, but its static. It will be a time temperature clock, but we got the...not to have it display the temperature because I don't want people at 20 degrees or 30 degrees thinking its too cold to wash their car. The clock will serve a purpose. Chairperson Sigel — So it'll be red? Mr. Bianchi — Yes. It will be very similar to the one the Trust Company has down on the west end, only a little bit smaller. I think that is a 15 inch display, ours will be 12. Mr. Krantz — The clock is what is referred to as the moving elements? Mr. Bianchi — I am not sure what will be referred to as the moving element, changeable letter... nothing will be moving. It won't be continuously moving that gets changed... Mr. Krantz — But that's your only moving thing? Ms. Brock — Why is that in? Mr. Krantz — That is the only moving thing on the sign. Chairperson Sigel — I think, well the ordinance... but the . Anything Mr. Bianchi — I think what they are referring to is the fact that the changeable letters ... the message will be... [several talking at once] Chairperson Sigel — The ordinance forbids motion or the appearance of motion. Ms. Balestra — Right. Staff wasn't sure if any part of the clock would be blinking at all, like the seconds or the minutes or the little space between the hour and the minutes. If it's blinking its considered motion. Mr. Bianchi — I don't think that is the case on the sign at the Trust Company, the plaque at the Trust Company, and that is the same plaque. Same manufacturer, just a different size and if that is the case then we will pursue something that doesn't do that. I understand what you are saying. Its like a clock radio. Mr. Matthews — Clarify that. Its not blinking? Mr. Bianchi — No. Mr. Matthews — It say's 2 o'clock, 2:01. That's it. Mr. Bianchi — Exactly. The only movement is when the time will change. Chairperson Sigel — Well, I have to say when I read the Planning Board motion, I felt that their recommendation was reasonable and I tend to agree and looking at other signs in the area a lot of them are actually, I think, considerably smaller than the allowed 50 square feet and I think 50 square feet is, to be honest, plenty of room to ... the portion of your sign that says "East Hill Carwash" is about 36 square feet, which is well under. Then you've got 4 by 6, an extra 4 by 6, which is 24. That has you up to 60 and then I guess if you add in the outer arrangements... Mr. Mountin — Are we adding in the outer posts, still? What is the measurement method? Mr. Bianchi — I think the posts are included. Ms. Balestra — That was one question, actually, staff had that we didn't have a chance to ask you. The drawing shows the 6 feet across the top. It doesn't include the posts so if the posts are included, then that ... either the drawing is incorrect or you need to give us the additional dimensions. Mr. Bianchi — I think I did on the application. I included the dimensions for the post. Ms. Balestra — Okay, but the actual picture shows that not going completely to the posts. So that was in question. Mr. Matthews — What is the purpose of the change of a copy? Mr. Bianchi — Just to be able to interact with the public. Put our message, you know, it could be don't forget to vote today. It doesn't have to be necessarily specific to the carwash. Just something that people will look to as they come by, much the same as the fellow on the corner of Hanshaw and Warren Road who has the sign. I am sure people go by there on a regular basis just to see what the new message is. Mr. Niefer — That's an illegal sign. They have no permit from the County to have that... Mr. Bianchi — It still attracts attention. Mr. Ellsworth - [not audible] Mr. Bianchi — Subliminal... they look at that. They see the East Hill ... we have a website that we would like to put up there. Occasionally a special or something seasonal. Just to give ... because again, we have no building, nothing anybody is going to see going by that would make them want to check it out other than if their car is white with salt. Just to give us a little bit of personality, if you will. Chairperson Sigel — I appreciate the effort you are trying to go through to provide the time, which can certainly be construed as a public service... Mr. Bianchi — And there used to be one at the HSBC building, their sign across the road, but the technology was such in those days that they couldn't keep it lit so they put a face plate on it. I think it says open 24...1 don't know what it says, but ... and the changeable copy previously existed in front of the Courtside building across the road. Chairperson Sigel — Did they have copy change? Ms. Balestra — Courtside didn't have copy change originally gotten a variance to allow it. Chairperson Sigel — That sign is gone now. Ms. Balestra — That sign is completely gone now. Mr. Bianchi — The business is completely gone. I believe they may have Mr. Ellsworth — The new Cornell building just got the flat rock approved and they had three signs. Ms. Balestra — Two signs. Mr. Ellsworth — One out front, the rock, and another one out back. Ms. Balestra — Yes. Mr. Ellsworth — Okay. Ms. Balestra — The rock is 750 feet in from the road and on a different ... is that on a different tax parcel? Mr. Ellsworth — What is the sign out front square footage? Ms. Balestra — You would ask that. That is the one sign I don't have information on because its so know. Mr. Bianchi — The one on the median? Ms. Balestra — I'm trying to remember ... I think its compliant. Mr. Ellsworth — I don't want to deny somebody two lots away. We passed a... Ms. Balestra — Well, just to give you a perspective, the entrance sign for Judd Falls plaza was ... is 50 square feet. The Zoning Board denied a variance to increase it to 97 square feet. So that's 50 square feet. Olivia's is 50 square feet. Courtside was originally 50 square feet and I believe the board allowed them to get, add the copy change panel, which made it 72 square feet. Its no longer there any more. Rite Aid is 33 square feet. In East Hill Plaza, the main entrance sign is 50 square feet. The HSBC sign is 42 square feet and the Citgo sign is 75 square feet so currently the only sign that exceeds the sign law dimensions is the Citgo sign and that was granted many moons ago. Chairperson Sigel — And to go a little further, Burger King pushed hard for larger signs and we restricted them. Ms. Balestra — And more signs. Mr. Ellsworth — His is the same as the Cornell building. His building sits way back so he has no appearance on that road except his sign for the business. Chairperson Sigel — That's true, but the portion of the sign that is being used to identify his business is, you know, he only has it laid out as 36 square feet. And I really think...in that area, its not a huge sign area even though it's a commercial area. I think, you know, a sign the size of Olivia or the other conforming signs in that area, I think, is sufficient. Mr. Bianchi — In order for a sign to be useful, it needs to convey information. The conforming sign that Cornell has in the median says, Cornell University 395 Pine Tree Road". I've had two people this week, newcomers to the area, pull in thinking that was the main entrance to campus because that is the first thing they see with Cornell identified on it. It's conforming, but its not useful. Mr. Krantz — All the other places you mentioned are facing a road where they are seen. Mr. Bianchi — Exactly. Mr. Krantz — This is tucked in behind in an alleyway. Mr. Bianchi — This is a unique situation. Chairperson Sigel — But I'm still not convinced that you can't make ... I mean the time is not helping identify this as a carwash and copy change that while laudable, to say don't forget to vote, is not helping identify it as a carwash. And what the applicant is proposing is only 36 square feet. I mean personally, I would enlarge ... if it were me, I would make the East Hill Carwash part 50 square feet, right up to the limit, as identifiable as possible. Maybe an arrow indicating that its back a ways. I mean these other elements, you know, they have the best of intentions but I don't think that they have... Mr. Krantz — They draw attention to the sign. Chairperson Sigel — But I don't think that the elements themselves, I mean we don't have much copy change there except with the exception of maybe the gas station now having price copy change, which actually I believe is allowed in a fuel pump zone. Mr. Bianchi — That almost seems redundant, though, because they've got it again positioned on the pumps and they are so visible from the road. That would be unnecessary. Chairperson Sigel — The Town Board has decided that copy change is not an appropriate form of sign for this commercial zone. Mr. Matthews — Did Chris say that the Citgo, 75 feet square, square feet? Ms. Balestra — Yes. Mr. Matthews — Is that being permitted or is that going .to be challenged? Ms. Balestra — That has been in existence for several years. Mr. Ellsworth — What happened was... Chairperson Sigel — That has a variance. Mr. Ellsworth - ...Citgo had standards and he had to go below Citgo standards to mediate this board. Chairperson Sigel — Are you talking about the Citgo? Mr. Ellsworth — Yeah. The gas station on the corner. At the time that was passed, he was trying to stay with Citgo standards, which was way beyond the Town's requirements and he had to knock that down some to get what he has. Mr. Matthews — So we gave him 75 feet as a variance? Chairperson Sigel — I think that was bef... well, the freestanding sign was before my time. So that was at least 10 years ago. Mr. Matthews — You are not as big as Citgo, sir. Chairperson Sigel — No, but I mean, you know, Citgo is a ways away and I don't think that is the neighborhood standard at this point. Mr. Ellsworth — Probably looks like 50 square feet. [several talking at once] Ms. Balestra — The maximum allowable area according to the sign law in that district is 50 square feet. Citgo has been the one... Mr. Niefer — You said Rite Aid meets that criteria? Ms. Balestra — It does. Mr. Niefer — That's a monsterous sign. Ms. Balestra — It's very tall, I mean it actually meets the height requirement as well. Its just... Mr. Niefer — Oh my goodness Ms. Balestra — Yeah... I think that's gross, quite frankly. Chairperson Sigel — Rather thick... Mr. Niefer — The one that's on the ground. Chairperson Sigel — Yeah, is rather thick. Ms. Balestra — Yeah that's why. Chairperson Sigel — It sort of makes it seem more massive. Mr. Bianchi — And these are all national chains or at least regionals that have other identifying characteristics. We don't. We're local. Ms. Balestra — Olivia's is not a chain. Chairperson Sigel — I don't ... I mean, you know, the Cornell sign there is very subdued. So I don't think you are competing with the Cornell sign, which is lower and really is not meant to grab attention. Ms. Balestra — The rock sign that Cornell proposed and received variances for is not in the same location as the proposed sign for the carwash. Its not on the road. Chairperson Sigel — The rock is way back by the building. Ms. Balestra — So it won't even be... Ms. Brock — It was 56 square feet. Ms. Balestra — The rock was. Mr. Ellsworth — ...take a poll and see where we're headed to guide the applicant? Chairperson Sigel — Sure. I mean my ... what did the ... the recommendation from the Planning Board is that the request for a 69 square foot sign, which includes copy change be denied and their recommendation is to allow the location, which is off - premise and which is within a 15 foot setback and otherwise so the applicant would need to stay within all other aspects of the law, which is ... so that is what I am in favor of. Mr. Niefer — I am in favor of staying within the 50 feet, allowing the time and temperature, but no copy change. Chairperson Sigel — Okay. Time and temperature if they wanted to. Mr. Niefer —Time and temperature. Mr. Ellsworth — (not audible) Chairperson Sigel — Actually, I guess I would be opposed to something that changed regularly, like flashing between time and temperature because I think that is... Mr. Bianchi — No. I won't do that. Chairperson Sigel — So I would agree with time if he wants to within the 50 square feet. Mr. Krantz — I could go home with that. Chairperson Sigel — Dick? Mr. Matthews — My career background is working in corporate America. I worked for a huge organization and I do not believe that size of your corporate America gives you special privilege: In fact, it gives you stronger requirements to confirm with the community, conform to the community. And if Citgo can have a sign the size they have, the small business should be able to have at least something close to it. Its just the way I feel. Chairperson Sigel — I would just point out that that was approved more than 10 years ago. Mr. Matthews — I don't care. Chairperson Sigel — And there's no other sign and there are many other national businesses there, banks, the hotel, Burger King. All of those are conforming. Mr. Bianchi — They are up front and present this conversation. Mr. Ellsworth — Well, Best Western is not. If we were Olivia's we wouldn't be having Chairperson Sigel — Yeah. The Best Western is quite far back and they have requested on a couple of occasions more signage. Mr. Bianchi — People have difficulty finding them. Like when it comes to that we have people coming to the carwash and asking where the hotel is as well. Chairperson Sigel — I just ... I empathize with your desire to have as large a sign as possible, but I really, I'm completely unconvinced that it will have any effect on identifying your business. The business identification portion you have proposed is less than 50 square feet. Mr. Bianchi — Overall, the changeable copy will attract attention... that coupled with the clock. Chairperson Sigel — Well in my mind the copy change is not permitted by the sign ordinance so in my mind I don't see a compelling reason to allow it. Okay. It seems the consensus is in favor of allowing just the conforming 50 square feet. That was Jim, Ron, and myself. Mr. Ellsworth — Doesn't matter how I vote, does it? Mr. Matthews — Did you say the consensus is... Chairperson Sigel — The consensus is only to allow the permitted 50 square feet. Mr. Krantz — A nice way of putting it is, you can do everything you want, but leave off the part of the sign that gives the messages. Ms. Balestra — The copy change, you mean? Mr. Krantz — Then its going to be where you want it and in a conforming size. Chairperson Sigel — That is approximately correct. If you 6, 8...8 and 6, 48, if you add in the supports its ... you get to approximately 50. So you could approximately do the East Hill Carwash and the time. Mr. Krantz — In 50 feet. Chairperson Sigel — In 50 square feet. Mr. Krantz — And you can put it wherever you want. Mr. Bianchi — So in reconfiguring this then, we would be allowed to add our website address and text below... Chairperson Sigel — Sure, I mean if you eliminated... if you wanted to keep the East Hill Carwash the same, if you eliminated the time that would appear to be room for a website, an arrow... Mr. Ellsworth — Or your car ... you could get your website below carwash. Ms. Balestra — May I just make a comment? Chairperson Sigel — Sure. Ms. Balestra — It's a request on behalf of the building and code enforcement people that this board be as specific as possible as to what is allowed because there have been some questions when it comes time to issue a building permit for signs, a sign permit rather, as to whether what the actual square footage is and what's included in it and so I would just ask that the board be specific as to what they are going to allow. Chairperson Sigel — I think we are not going to be making any specification as to square footage, at all, meaning that it must comply. Ms. Balestra — Oh, okay. All right. Chairperson Sigel — So then that would be subject to all the normal interpretations of the Code. Mr. Matthews — You have it here. Ms. Balestra — Oh, yes. That's right. Yes. I forgot to mention that the sign law was passed out to all of the members tonight so that you have it for your files if you don't have it already. Chairperson Sigel — My plan is to just move to vary the ... make a variance for the location. Ms. Balestra — Okay. Chairperson Sigel — Okay, at this time we will open the public hearing as required by law. With no public present, we will close the public hearing. Do we do an environmental impact for this? . Ms. Balestra — There is an environmental impact prepared by Mike Smith. If you want, I can read... Chairperson Sigel — Do you have any specific comments you want to add or... Ms. Balestra — Not above and beyond what's mentioned in the environmental assessment. Chairperson Sigel — Okay. Susan, should we modify this to indicate what we plan to approve? I mean because as written constructing a 69 square foot sign, 1 actually believe would have a positive impact, environmental impact. Ms. Brock — You would pos dec that and require an EIS? Ms. Balestra — Oh, goodness. Ms. Brock — You can give something a negative determination, finding that it doesn't rise to the level of needing an environmental impact statement, but still then impose conditions on your approval based on affect on aesthetics and neighborhood characteristics and things like that. You have often done that before. Chairperson Sigel — True. Ms. Brock — I believe the SEQR needs to be done on the proposal as presented by the applicant. Chairperson Sigel — It does. Ms. Brock — I think that is how we've always done that. Because you don't really...its not a foregone conclusion what this board is ultimately going to approve. So you need to do the SEQR on the proposal itself. Chairperson Sigel — Okay. I will move to make a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town Staff. Second? Mr. Krantz — Second. Chairperson Sigel — All in favor? Board — aye. ZBA RESOLUTION No. 2007 — 036 SEQR East Hill Car Wash MOTION made by Kirk Sigel, seconded by Ron Krantz. RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town Staff. The MOTION was carried unanimously. AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: None Chairperson Sigel — And I will move to grant the appeal of Douglas Bianchi, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road, tax parcel number 62.-2-13.2 and 62.-2-13.6, community commercial zone. The proposal is to install a new approximately 69 square foot sign, 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and the proposal includes a copy change section. The proposal will require several variances from the Town of Ithaca sign law as it exceeds the 50 foot maximum allowable area as off -premise contains copy change only ... (not audible)...may be located within 15 feet of the side lot line. With the following conditions that the ... I guess in this context we do need to limit, explicitly limit the square footage. Ms. Balestra — Yes. Chairperson Sigel — Don't you think. Ms. Brock — Yes. The Planning Board's recommendation had some conditions you might want to consider. Mr. Bianchi — I'd also point out that you folks have the leeway to vary this by 25%. Chairperson Sigel — We do. We have the leeway to vary, actually, by any amount. Mr. Bianchi — By any amount? Ms. Brock — You are thinking of Planning Board. The Planning Board has the ability to vary the size of a sign. Chairperson Sigel — Is it 25%? Ms. Brock — I believe ... (not audible) ... as a sign review board. Chairperson Sigel — That would be then without... Ms. Brock — Without needing to come to the ZBA for a variance, but the ZBA has the ability to provide whatever variance they think is necessary and appropriate. Chairperson Sigel — The Planning Board could have approved this and it would not have actually needed to come here, I think, if it was within the 25%. Mr. Bianchi — Okay. Chairperson Sigel — Okay. Getting back to the resolution, with the condition that the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law, which is Town Code section 221, which of course, I think is probably about as simple as we could state it as far as the Code Enforcement Officer enforcing it. Ms. Balestra — Yes. Chairperson Sigel — Okay. Ms. Balestra — Thank you. Chairperson Sigel — And second that the applicant must obtain a sign permit prior to installing the sign. Condition 3, that the submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit. 4 that the sign have no copy change element. Are there any other conditions? Ms. Balestra — There is the side yard setback and off -premise. Do they need to address or add that to the resolution? Ms. Brock — I think they already did. Ms. Balestra — I should have paid attention. Chairperson Sigel — What is the setback from the lot line going to be do you know? Mr. Bianchi — About 4 feet Chairperson Sigel — about... Mr. Bianchi — From the side line. Chairperson Sigel — So condition 5 that the setback from the side lot line be no less than 3 feet. Ms. Brock — From the side lot line. Chairperson Sigel — From the side lot line. Ms. Brock — And I think it would not hurt to add and that the sign is permitted to be located off -premises. Just to make it clear that that variance request is granted. Chairperson Sigel — Okay. With the following findings. That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. The applicant's request as modified by the conditions of this variance, specifically that the benefit that the applicant wishes to achieve cannot be met by any other means feasible given that the applicant's business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road. That further it will not be an undesirable change in the neighborhood character, which are nearby properties given that the sign is as modified by this board in -keeping with the character of other signs nearby which are also conforming. That the request is not substantial that the sign is conforming in size and is only nonconforming in location. The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created. Okay. Are we ... (not audible)... with that? Great. Second for the motion? Mr. Ellsworth — I'll second. Chairperson Sigel — All in favor? Chairperson Sigel, Mr. Ellsworth, Mr. Niefer, Mr. Krantz — aye. Chairperson Sigel — Opposed? Mr. Matthews — I have a problem. Ms. Brock —Well, you need to vote. Mr. Matthews — I need to vote. Okay. Go ahead. Chairperson Sigel — Well, how are you voting? Mr. Matthews — Yes. Chairperson Sigel — In favor? Mr. Matthews — Yes. Chairperson Sigel — Okay. So, it was passed unanimously. ZBA RESOLUTION No. 2007 — 037 Sign Variance East Hill Car Was MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED that this Board grants the appeal of Douglas Bianchi, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road, tax parcel number 62.-2-13.2 and 62.-2-13.6, community commercial zone. The proposal is to install a new approximately 69 square foot sign, 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and the proposal includes a copy change section. CONDITIONS 1. That the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law, which is Town Code section 221, and 2. That the applicant must obtain a sign permit prior to installing the sign, and 3. That the submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit, and 4. That the sign have no copy change element, and 5. That the setback from the side lot line be no less than 3 feet and the sign is permitted to be located off -premises. FINDINGS 1. That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. 2. The applicant's request as modified by the conditions of this variance, specifically that the benefit that the applicant wishes to achieve cannot be met by any other means feasible given that the applicant's business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road. 3. That further it will not be an undesirable change in the neighborhood character, which are nearby properties, given that the sign as modified by this board is in keeping with the character of other signs nearby which are also conforming. 4. That the request is not substantial, that the sign is conforming in size and is only nonconforming in location. 5. The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created. The MOTION was carried unanimously. AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: None Mr. Bianchi — So if I understand this correctly, you are permitting the clock but not the changeable copy as part of the overall dimension? Chairperson Sigel — The clock, we believe, is a permitted by the sign law. Ms. Brock — As long as nothing is moving, flashing. Chairperson Sigel — And so therefore is permitted. Mr. Bianchi — I thought the Planning Board said that was not. Ms. Balestra — No. They just recommended the removal of this. Ms. Brock — I think they were looking just at what you submitted and thinking if you wanted to keep the part of the sign that said East Hill Carwash the same size that then starting to add the other elements might exceed the permissible limit. So what this board has done has said that you can have a sign that is 50 square feet and if you want to change how you configured the text and the clock, add more text such as the website that is all fine. Chairperson Sigel — We specifically prohibited the copy change section, but, well we didn't actually say anything about the clock. So if its permitted, which you should verify with the code enforcement officer that it is, then you can put that there. Mr. Bianchi — But if its not permitted then we would come back. Chairperson Sigel — Then if you wanted it you could come back for an additional variance. Mr. Krantz — The clock is permitted with no moving parts. So the time has to stay the same and never change. [laughing] Ms. Balestra — That's right. Chairperson Sigel — Okay. Do you have any other questions? Mr. Bianchi — No. Chairperson Sigel — Okay. Thank you very much. Okay, any other official business? No. Okay, we're adjourned. Approved by: Kirk Sigel, Chairman Su Paulette Meilseh, Deputy Town Clerk Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed b 1. Applicant/Sponsor iu ilicant or Projec 2. Project NameThe We / 0 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) /1��L a j�' 17 1 uettifq Z&) /-0.3e-3 qf� Tyr f'/4vc %ee 4 ya 44 Tax Parcel Number: — , — ; / •,�� ./ _ , ,� c�,�. 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction p ans, and other relevant items): PK, -,60e*� f�e)�v�l e-r,�.e��' See. ij�/��.��c:��C.l�•c vti% � , S; � / (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected%^/c . •t t L C_e f Initial) (0-5yrs) Acres 6yrs) >10yrs) Acres 7. How is land zoned presently?/ Coat wt.t LiU I k, �� ZVi* ;..J -i 8. Will roposed action comply with existing zoni g or other existing land use restrictions? Yes NO _ If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO Public Water? YES NOk Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: / , %/ tjJ Lt(.uC�F iay,J� 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO_X� 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. � � 1 �t7: G:I % . �<<Lt�. ' ). ,t�C ICI) ,• N f�KJl a, (L�l�. 0 l f/ }' I CERTIFY THA TH 1NFORMAI ON PROVIDED ABOVE IS/TRUE TO THE BEST OF MY KN Applicant/Sponsor Name (Print or Type : I�o,e5'�J Signature and Date: 14,x'; , ;4:;1 ti Addendum: Town of Ithaca Short Environmental Assessment Form Part 5. East 1-1111 Car Wash (tax parcel 62-2-13.6) is located on an interior lot with no liontage on Pine free Rd. The purpose of this request fix variance is to replace a previously permitted sign on Pine Tree Rd. I his Sian was iustallcd in 19� I by agreement between property owner, Groff Associates (Robert A. Groff. Stewart D.Knowlton, James .1. Lynch), and Daniel R. & (-leather R. Ka- 'thin the owners of East Hill Car Wash. The sign site property was subsequently sold to Cornell IJniversity and the existing sign was displaced in September, '06, by the development ofan office huilding at 391 Pine "free Rd. The final site plan approval for 391 Pine Treed Rd. was, in part. contingent upon adequate space on Pine Tree Rd.. in the approximate location of the former sign, being provided to erect a new sign for 1"'ast 1-1111 Car Wash. Cornell University has granted permission to place a new sign on their propertyt (attached letter to Cathy Valentino from John Majeroni, January 8, 2007) in the area shown pages 4 & 6 ofthe sign permit application. // PART 11 - ENVIRONMENTAL ASSESSMENT (To be co the Town; Use attachments as necessa A. Does proposed action exceed any Type 1 threshold in 6 NYCRR, 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 NYCRR, Part 617.6 YI?S 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: None anticipated C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None anticipated C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. 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: None anticipated C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated 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 athPr nttnrhPrl Whnrtr ac 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 (t) 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 adequately 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 Zoning Board of Appeals Name of Lead Agency Kirk Sigel Chairperson Name & title of Responsible Officer In Lead Agency Signature of Responsible Officer in Lead Agency SiLy.nature of Contributing Preparer DATE: �...__.) 'i c I j I tl � i it i' ' I y r i r { i 3 , I I I j I � t { y r i allowed for a freestanding sign in the commercial zone and where copy -change signs are not allowed on freestanding signs, be denied, subject to the following conditions: a. the proposed sign shall not exceed 50 square feet in total sign area, as defined in the Town of Ithaca Sign Law (Town Code Section 221), and b. the applicant must obtain a sign permit prior to installing the sign, and C. submission of documentation that Cornell University has granted the necessary easement; license or other legal authorization to East Hill Car Wash to allow the placement of the sign on Cornell property, prior to issuance of any sign permit, A vote on the motion resulted as follows.- AYES: ollows: AYES: Wilcox, Conneman, Thayer, Talty, Riha and Erb NAYS: Hoffmann ABSTENTIONS: None The motion passed. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) I, Paulette Neilsen, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy o!th same adopted by the PlanningRnarrl of the Town of Ithaca 2t a regular meeting o,> the 7th day of Au just 184111Y l Deputy Town C Town of Ithaca IJ . I ,:,- -� J% T... --, ` I ` I Ij 1' P IF i t y 1 I 11 �: I 1.1 1 ,:,- -� --, I Ij IF i t y 1 I 11 �: I 1.1 1 1p wI 'It W.t I " 4. L I R -t 'A, k _.. -r- ENTRANCE a -+ www.easthillcarwash_com zlg� _ 6' ►g " Elf, PK 5- rr►1 I N Site Location for Pine Tree Road ■ 0 381 N I 391, [I] Town Parcels LI Buildings 0 LR r L PLAZA 7 UNA MDR 0 MHP Zoning MR AG NC C OPC Li cc P HDR VFR LC Roads LDR Forest Home District [I] Map Frame 434 N 380 Page 1 of 1 341 0 383 WASIf � 0 1337ft 315-37 Location of Proposed Backlit, Free Standing, East Hill Car Wash Sign. Please Note — This drawing represents access driveway configuration prior to the Office Building development at 391 Pine Tree Rd. P FILE DATE I� TOWN of ITHACA ZONING-BOARD_OF_AP_P_EA_M CMonday,-August-20,_20.07 7:00 p.m. Present: Chairman Kirk Sigel Vice Chairman Harry Ellsworth Board Members: Ron Krantz, Jim Niefer, Dick Matthews Alternate Board Member Eric Levine Staff: Chris Balestra, Planner; Susan Brock, Attorney for the Town; Paulette Neilsen, Deputy Town Clerk Excused: Alternate Board Member David Mountin Others. Monique Morse, 99 Harvey Hill Road Burke Carson, Agent, 110 Judd Falls Road Judith Kellock, 110 Judd Falls Road David Schlosser, Cornell University, Merrill Family Sailing Center Shirley Egan, Attorney, Cornell University, Merrill Family Sailing Center Doug Bianchi, East Hill Car Wash Chairman Sigel — Good evening. Welcome to the August 20th meeting of the Town of Ithaca Zoning Board of Appeals. Tonight we have four appeals which we will take in the following order: The appeal of Monique Morse, the appeal of Judith Kellock, the appeal of Cornell University and the appeal of Douglas Bianchi. Chairperson Sigel — Okay. The next appeal this evening is that of IDougla`s_B:ianchi? requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code to be permitted to erect a new freestanding sign for the (East=Hill Car_Wash_`_locc ate 383P_ine_Tre R a! Town of Ithaca Tax Parcel No.s 62-2-13.2 and 62-2-13.6, Community Commercial Zone. The proposal is to install a new 69 +/- square foot; 16 - foot tall internally lit freestanding sign on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and copy change section. The proposal will require several variances from the Town of Ithaca Sign Law as it exceeds the 50 -foot maximum allowable area, is off -premise, contains a copy -change element, may contain moving elements, and may be located within 15 feet of the side lot line. Good evening. Doug Bianchi, 1263 Ellis Hollow Road Good evening. Again, my name is Doug Bianchi. I live at 1263 Ellis Hollow Road. Chairperson Sigel — Is there anything you would like to state at the beginning? Mr. Bianchi — Well, we are replacing a sign. This is, in fact a new sign, but it replaces an existing sign or a sign that had existed prior to the redevelopment of the area. The existing sign was displaced by the widening of the roadway. Chairperson Sigel — Was that sign a wooded panel? Mr. Bianchi — It was a wood frame ... yes, essentially it was a 4x8 sheet of plywood, double -sided. So in reality it also was larger than and must have had a variance. It was larger than the existing... Chairperson Sigel — You said 4x8. That would be 32 square feet. Mr. Bianchi — Right, but isn't the size determined by both sides? Chairperson Sigel — No. You get both sides. Right? Ms. Balestra — Right. Chairperson Sigel — So, an approximate 7x7 sign, double sided, is a 50 square foot, Mr. Bianchi — Okay. I misunderstood or misinterpreted that. I thought both sides counted in the total footage. Chairperson Sigel — So is your 69 square feet the sum of both sides? Mr. Bianchi — I don't think so. Ms. Balestra — No. Chairperson Sigel —'Because otherwise ... [laughter] Mr. Bianchi — We have purposely made this as big as it is to provide information. We are trying ... I assume you all have a picture of it in front of you. It may or may not be in color. I will show you what the color version looks like. Chairperson Sigel — We do have a black and white picture. Mr. Bianchi — [referring to picture] This is what it will look like in color. The only difference and you have it as...this space will be filled in. So there won't be a gap. It'll blend better with the sign, I feel. Just the top portion with the name and logo will be illuminated and the clock. The changeable letters will not be and I feel they are important to be able to interact, provide information and interact with the motoring public. If you look at the page in your that has the 3 pictures on it, if you look at the upper right hand picture, landscape orientation, you just can't tell there's a carwash anywhere in that area and that's looking into the access to the carwash. So we need to be able to identify ourselves from a distance, from a distance far enough away that people can make a decision and a safe passage into the property, make the determination that they are going to turn and make lane changes as appropriate to prepare to do that safely. We've made it vertical and elevated it 6 feet so as to keep an open area underneath so it wouldn't block any vision from motorists, leaving the driveway and also in the wintertime I assume there is going to be snowbanks along that sidewalk that would get built up to a height that could block the sign. It would also stand out a little more from the other signs on that side of the road. Chairperson Sigel — Your proposed clock, is that... are those LED segments? Mr. Bianchi — Yes, but its static. It will be a time temperature clock, but we got the ... not to have it display the temperature because I don't want people at 20 degrees or 30 degrees thinking its too cold to wash their car. The clock will serve a purpose. Chairperson Sigel — So it'll be red? Mr. Bianchi — Yes. It will be very similar to the one the Trust Company has down on the west end, only a little bit smaller. I think that is a 15 inch display, ours will be 12. Mr. Krantz — The clock is what is referred to as the moving elements? Mr. Bianchi — I am not sure what will be referred to as the moving element, but the changeable letter... nothing will be moving. It won't be continuously moving. Anything that gets changed... Mr. Krantz - But that's your only moving thing? Ms. Brock — Why is that in? Mr. Krantz — That is the only moving thing on the sign. Chairperson Sigel — I think, well the ordinance... Mr. Bianchi — I think what they are referring to is the fact that the changeable letters...the message will be... [several talking at once] Chairperson Sigel — The ordinance forbids motion or the appearance of motion. Ms. Balestra — Right. Staff wasn't sure if any part of the clock would be blinking at all, like the seconds or the minutes or the little space between the hour and the minutes. If it's blinking its considered motion. Mr. Bianchi — I don't think that is the case on the sign at the Trust Company, the plaque at the Trust Company, and that is the same plaque. Same manufacturer, just a different size and if that is the case then we will pursue something that doesn't do that. understand what you are saying. Its like a clock radio. Mr. Matthews — Clarify that. Its not blinking? Mr. Bianchi — No. Mr. Matthews — It say's 2 o'clock, 2:01. That's it. Mr. Bianchi — Exactly. The only movement is when the time will change. Chairperson Sigel — Well, I have to say when I read the Planning Board motion, I felt that their recommendation was reasonable and I tend to agree and looking at other signs in the area a .lot of them are actually, I think, considerably smaller than the allowed 50 square feet and I think 50 square feet is, to be honest, plenty of room to ... the portion of your sign that says "East Hill Carwash" is about 36 square feet, which is well under. Then you've got 4 by 6, an extra 4 by 6, which is 24. That has you up to 60 and then I guess if you add in the outer arrangements... Mr. Mountin — Are we adding in the outer posts, still? What is the measurement method? Mr. Bianchi — I think the posts are included. Ms. Balestra — That was one question, actually, staff had that we didn't have a chance to ask you. The drawing shows the 6 feet across the top. It doesn't include the posts so if the posts are included, then that ... either the drawing is incorrect or you need to give us the additional dimensions. Mr. Bianchi — I think I did on the application. I included the dimensions for the post. Ms. Balestra — Okay, but the actual picture shows that not going completely to the posts. So that was in question. Mr. Matthews — What is the purpose of the change of a copy? Mr. Bianchi — Just to be able to interact with the public. Put our message, you know, it could be don't forget to vote today. It doesn't have to be necessarily specific to the carwash. Just something that people will look to as they come by, much the same as the fellow on the corner of Hanshaw and Warren Road who has the sign. I am sure people go by there on a regular basis just to see what the new message is. Mr. Niefer — That's an illegal sign. They have no permit from the County to have that... Mr. Bianchi — It still attracts attention. Mr. Ellsworth - [not audible] Mr. Bianchi — Subliminal... they look at that. They see the East Hill ... we have a website that we would like to put up there. Occasionally a special or something seasonal. Just to give ... because again, we have no building, nothing anybody is going to see going by that would make them want to check it out other than if their car is white with salt. Just to give us a little bit of personality, if you will. Chairperson Sigel — I appreciate the effort you are trying to go through to provide the time, which can certainly be construed as a public service... Mr. Bianchi — And there used to be one at the HSBC building, their sign across the road, but the technology was such in those days that they couldn't keep it lit so they put a face plate on it. I think it says open 24...1 don't know what it says, but ... and the changeable copy previously existed in front of the Courtside building across the road. Chairperson Sigel — Did they have copy change? Ms. Balestra — Courtside didn't have copy change originally. I believe they may have gotten a variance to allow it. Chairperson Sigel — That sign is gone now. Ms. Balestra — That sign is completely gone now. Mr. Bianchi — The business is completely gone. Mr. Ellsworth — The new Cornell building just got the flat rock approved and they had three signs. Ms. Balestra — Two signs. Mr. Ellsworth — One out front, the rock, and another one out back. Ms. Balestra — Yes. Mr. Ellsworth — Okay. Ms. Balestra — The rock is 750 feet in from the road and on a different ... is that on a different tax parcel? Mr. Ellsworth — What is the sign out front square footage? Ms. Balestra — You would ask that. That is the one sign I don't have information on because its so know. Mr. Bianchi — The one on the median? Ms. Balestra — I'm trying to remember ... I think its compliant. Mr. Ellsworth — I don't want to deny somebody two lots away. We passed a... Ms. Balestra — Well, just to give you a perspective, the entrance sign for Judd Falls plaza was ... is 50 square feet. The Zoning Board denied a variance to increase it to 97 square feet. So that's 50 square feet. Olivia's is 50 square feet. Courtside was originally 50 square feet and I believe the board allowed them to get, add the copy change panel, which made it 72 square feet. Its no longer there any more. Rite Aid is 33 square feet. In East Hill Plaza, the main entrance sign is 50 square feet. The HSBC sign is 42 square feet and the Citgo sign is 75 square feet so currently the only sign that exceeds the sign law dimensions is the Citgo sign and that was granted many moons ago.. Chairperson Sigel — And to go a little further, Burger King pushed hard for larger signs and we restricted them. Ms. Balestra — And more signs. Mr. Ellsworth — His is the same as the Cornell building. His building sits way back so he has no appearance on that road except his sign for the business. Chairperson Sigel — That's true, but the portion of the sign that is being used to identify his business is, you know, he only has it laid out as 36 square feet. And I really think ... in that area, its not a huge sign area even though it's a commercial area. I think, you know, a sign the size of Olivia or the other conforming signs in that area, I think, is sufficient. Mr. Bianchi — In order for a sign to be useful, it needs to convey information. The conforming sign that Cornell has in the median says, "Cornell University 395 Pine Tree Road". I've had two people this week, newcomers to the area, pull in thinking that was the main entrance to campus because that is the first thing they see with Cornell identified on it. It's conforming, but its not useful. Mr. Krantz — All the other places you mentioned are facing a road where they are seen. Mr. Bianchi — Exactly. Mr. Krantz — This is tucked in behind in an alleyway. Mr. Bianchi — This is a unique situation. Chairperson Sigel — But I'm still not convinced that you can't make ... I mean the time is not helping identify this as a carwash and copy change that while laudable, to say don't forget to vote, is not helping identify it as a carwash. And what the applicant is proposing is only 36 square feet. I mean personally, I would enlarge ... if it were me, I would make the East Hill Carwash part 50 square feet, right up to the limit, as identifiable as possible. Maybe an arrow indicating that its back a ways. I mean these other elements, you know, they have the best of intentions but I don't think that they have... Mr. Krantz — They draw attention to the sign. Chairperson Sigel — But I don't think that the elements themselves, I mean we don't have much copy change there except with the exception of maybe the gas station now having price copy change, which actually I believe is allowed in a fuel pump zone. Mr. Bianchi — That almost seems redundant, though, because they've got it again positioned on the pumps and they are so visible from the road. That would be unnecessary. Chairperson Sigel — The Town Board has decided that copy change is not an appropriate form of sign for this commercial zone. Mr. Matthews — Did Chris say that the Citgo, 75 feet square, square feet? Ms. Balestra — Yes. Mr. Matthews — Is that being permitted or is that going to be challenged? Ms. Balestra — That has been in existence for several years. Mr. Ellsworth — What happened was... Chairperson Sigel — That has a variance. Mr. Ellsworth - ...Citgo had standards and he had to go below Citgo standards to mediate this board. Chairperson Sigel — Are you talking about the Citgo? Mr. Ellsworth — Yeah. The gas station on the corner. At the time that was passed, he was trying to stay with Citgo standards, which was way beyond the Town's requirements and he had to knock that down some to get what he has. Mr. Matthews — So we gave him 75 feet as a variance? Chairperson Sigel I think that was bef... well, the freestanding sign was before my time. So that was at least 10 years ago. Mr. Matthews — You are not as big as Citgo, sir. Chairperson Sigel — No, but I mean, you know, Citgo is a ways away and I don't.think that is the neighborhood standard at this point. Mr. Ellsworth — Probably looks like 50 square feet. [several talking at once] Ms. Balestra — The maximum allowable area according to the sign law in that district is 50 square feet. Citgo has been the one... Mr. Niefer — You said Rite Aid meets that criteria? Ms. Balestra — It does. Mr. Niefer — That's a monsterous sign. Ms. Balestra — It's very tall, I mean it actually meets the height requirement as well. Its just... Mr. Niefer — Oh my goodness. I think that's gross, quite frankly. Ms. Balestra — Yeah... Chairperson Sigel — Rather thick... Mr. Niefer — The one that's on the ground. Chairperson Sigel — Yeah, is rather thick. Ms. Balestra — Yeah that's why. Chairperson Sigel — It sort of makes it seem more massive. Mr. Bianchi — And these are all national chains or at least regionals that have other identifying characteristics. We don't. We're local. Ms. Balestra — Olivia's is not a chain. Chairperson Sigel — I don't ... I mean, you know, the Cornell sign there is very subdued. So I don't think you are competing with the Cornell sign, which is lower and really is not meant to grab attention. Ms. Balestra — The rock sign that Cornell proposed and received variances for is not in the same location as the proposed sign for the carwash. Its not on the road. Chairperson Sigel The rock is way back by the building. Ms. Balestra — So it won't even be... Ms. Brock — It was 56 square feet. Ms. Balestra — The rock was. Mr. Ellsworth — ...take a poll and see where we're headed to guide the applicant? Chairperson Sigel — Sure. I mean my ... what did the ... the recommendation from the Planning Board is that the request for a 69 square foot sign, which includes copy change be denied and their recommendation is to allow the location, which is off - premise and which is within a 15 foot setback and otherwise so the applicant would need to stay within all other aspects of the law, which is ... so that is what I am in favor of. Mr. Niefer — I am in favor of staying within the 50 feet, allowing the time and temperature, but no copy change. Chairperson Sigel — Okay. Time and temperature if they wanted to. Mr. Niefer — Time and temperature. Mr. Ellsworth — (not audible) Chairperson Sigel — Actually, I guess I would be opposed to something that changed regularly, like flashing between time and temperature because I think that is... Mr. Bianchi — No. I won't do that. Chairperson Sigel — So I would agree with time if he wants to within the 50 square feet. Mr. Krantz — I could go home with that. Chairperson Sigel — Dick? Mr. Matthews — My career background is working in corporate America. I worked for a huge organization and I do not believe that size of your corporate America gives you special privilege. In fact, it gives you stronger requirements to confirm with the community, conform to the community. And if Citgo can have a sign the size they have, the small business should be able to have at least something close to it. Its just the way I feel. Chairperson Sigel — I would just point out that that was approved more than 10 years ago. Mr. Matthews — I don't care. Chairperson Sigel — And there's no other sign and there are many other national businesses there, banks, the hotel, Burger King. All of those are conforming. Mr. Bianchi — They are up front and present: If we were Olivia's we wouldn't be having this conversation. Mr. Ellsworth — Well, Best Western is not. Chairperson Sigel — Yeah. The Best Western is quite far back and they have requested on a couple of occasions more signage. Mr. Bianchi — People have difficulty finding them. Like when it comes to that we have people coming to the carwash and asking where the hotel is as well. Chairperson Sigel — I just ... I empathize with your desire to have as large a sign as possible, but I really, I'm completely unconvinced that it will have any effect on identifying your business. The business identification portion you have proposed is less than 50 square feet. Mr. Bianchi — Overall, the changeable copy will attract attention... that coupled with the clock. Chairperson Sigel — Well in my mind the copy change is not permitted by the sign ordinance so in my mind I don't see a compelling reason to allow it. Okay. It seems the consensus is in favor of allowing just the conforming 50 square feet. That was Jim, Ron, and myself. Mr. Ellsworth — Doesn't matter how I vote, does it? Mr. Matthews — Did you say the consensus is... Chairperson Sigel — The consensus is only to allow the permitted 50 square feet. Mr. Krantz — A nice way of putting it is, you can do everything you want, but leave off the part of the sign that gives the messages. Ms. Balestra — The copy change, you mean? Mr. Krantz — Then its going to be where you want it and in a conforming size. Chairperson Sigel — That is approximately correct. If you 6, 8...8 and 6, 48, if you add in the supports its...you get to approximately 50. So you could approximately do the East Hill Carwash and the time. Mr. Krantz — In 50 feet. Chairperson Sigel — In 50 square feet. Mr. Krantz — And you can put it wherever you want. Mr. Bianchi — So in reconfiguring this then, we would be allowed to add our website address and text below... Chairperson Sigel — Sure, I mean if you eliminated... if you wanted to keep the East Hill Carwash the same, if you eliminated the time that would appear to be room for a website, an arrow... Mr. Ellsworth — Or your car ... you could get your website below carwash. Ms. Balestra — May I just make a comment? Chairperson Sigel — Sure. Ms. Balestra — It's a request on behalf of the building and code enforcement people that this board be as specific as possible as to what is allowed because there have been some questions when it comes time to issue a building permit for signs, a sign permit rather, as to whether what the actual square footage is and what's included in it and so I would just ask that the board be specific as to what they are going to allow. Chairperson Sigel — I think we are not going to be making any specification as to square footage, at all, meaning that it must comply. Ms. Balestra — Oh, okay. All right. Chairperson Sigel — So then that would be subject to all the normal interpretations of the Code. Mr. Matthews — You have it here. Ms. Balestra — Oh, yes. That's right. Yes. I forgot to mention that the sign law was passed out to all of the members tonight so that you have it for your files if you don't have it already. Chairperson Sigel — My plan is to just move to vary the. .make a variance for the location. Ms. Balestra — Okay. Chairperson Sigel — Okay, at this time we will open the public hearing as required by law. With no public present, we will close the public hearing. Do we do an environmental impact for this? Ms. Balestra — There is an environmental impact prepared by Mike Smith. If you want, I can read... Chairperson Sigel — Do you have any specific comments you want to add or... Ms. Balestra — Not above and beyond what's mentioned in the environmental assessment. Chairperson Sigel — Okay. Susan, should we modify this to indicate what we plan to approve? I mean because as written constructing a 69 square foot sign, I actually believe would have a positive impact, environmental impact. Ms. Brock — You would pos dec that and require an EIS? Ms. Balestra — Oh, goodness. Ms. Brock — You can give something a negative determination, finding that it doesn't rise to.the level of needing an environmental impact statement, but still then impose conditions on your approval based on affect on aesthetics and neighborhood characteristics and things like that. You have often done that before. Chairperson Sigel — True. Ms. Brock — I believe the SEQR needs to be done on the proposal as presented by the applicant. Chairperson Sigel — It does. Ms. Brock — I think that is how we've always done that. Because you don't really. .Iits not a foregone conclusion what this board is ultimately going to approve. So you need to do the SEQR on the proposal itself. Chairperson Sigel - Okay. I will move to make a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town Staff. Second? Mr. Krantz — Second. Chairperson Sigel — All in favor? Board — aye. ZBA RESOLUTION No. 2007 — 036 SEQR East Hill Car Wash Sign MOTION made by Kirk Sigel, seconded by Ron Krantz. RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town Staff. The MOTION was carried unanimously. AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews. NAYS: None Chairperson Sigel — And I will move to grant the appeal of Douglas Bianchi, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be . permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road, tax parcel number 62.-2-13.2 and 62.-2-13.6, community commercial zone. The proposal is to install a new approximately 69 square foot sign, 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and the proposal includes a copy change section. The proposal will require several variances from the Town of Ithaca sign law as it exceeds the 50 foot maximum allowable area as off -premise contains copy change only ... (not audible) ... may be located within 15 feet of the side lot line. With the following conditions that the ... I guess in this context we do need to limit, explicitly limit the square footage. Ms. Balestra — Yes. Chairperson Sigel — Don't you think. Ms. Brock — Yes. The Planning Board's recommendation had some conditions you might want to consider. Mr. Bianchi — I'd also point out that you folks have the leeway to vary this by 25%. Chairperson Sigel — We do. We have the leeway to vary, actually, by any amount. Mr. Bianchi — By any amount? Ms. Brock — You are thinking of Planning Board. The Planning Board has the ability to vary the size of a sign. Chairperson Sigel — Is it 25%? Ms. Brock — I believe ... (not audible) ... as a sign review board. Chairperson Sigel — That would be then without... Ms. Brock — Without needing to come to the ZBA for a variance, but the ZBA has the ability to provide whatever variance they think is necessary and appropriate. Chairperson Sigel — The Planning Board could have approved this and it would not have actually needed to come here, I think, if it was within the 25%. Mr. Bianchi — Okay.. Chairperson Sigel — Okay. Getting back. to the resolution, with the condition that the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law, which is Town Code section 221, which of course, I think is probably about as simple as we could state it as far as the Code Enforcement Officer enforcing it. Ms. Balestra — Yes. Chairperson Sigel — Okay. Ms. Balestra —Thank you. Chairperson Sigel — And second that the applicant must obtain a sign permit prior to installing the sign. Condition 3, that the submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit. 4 that the sign have no copy change element. Are there any other conditions? Ms. Balestra — There is the side yard setback and off -premise. Do they need to address or add that to the resolution? Ms. Brock — I think they already did. Ms. Balestra — I should have paid attention. Chairperson Sigel — What is the setback from the lot line going to be do you know? Mr. Bianchi — About 4 feet Chairperson Sigel about... Mr. Bianchi — From the side line. Chairperson Sigel — So condition 5 that the setback from the side lot line be no less than 3 feet. Ms. Brock — From the side lot line. Chairperson Sigel — From the side lot line. Ms. Brock — And I think it would not hurt to add and that the sign is permitted to be located off -premises. Just to make it clear that that variance request is granted. Chairperson Sigel — Okay. With the following findings. That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. The applicant's request as modified by the conditions of this variance, specifically that the benefit that the applicant wishes to achieve cannot be met by any other means feasible given that the applicant's business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road. That further it will not be an undesirable change in the neighborhood character, which are nearby properties given that the sign is as modified by this board in -keeping with the character of other signs nearby which are also, conforming. That the request is not substantial that the sign is conforming in size and is only nonconforming in location. The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created. Okay. Are we ... (not audible)... with that? Great. Second for the motion? Mr. Ellsworth — I'll second. Chairperson Sigel All in favor? Chairperson Sigel, Mr. Ellsworth, Mr. Niefer, Mr. Krantz — aye. Chairperson Sigel — Opposed? Mr. Matthews — I have a problem. Ms. Brock — Well, you need to vote. Mr. Matthews — I need to vote. Okay. Go ahead. Chairperson Sigel — Well, how are you voting? Mr. Matthews —Yes. Chairperson Sigel — In favor? ft Mr. Matthews — Yes. Chairperson Sigel — Okay. So, it was passed unanimously. ZBA RESOLUTION No. 2007 — 037 Sign Variance East Hill Car Wash MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED that this Board grants the appeal of Douglas Bianchi, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road, tax parcel number 62.-2-13.2 and 62.-2-13.6, community commercial zone. The proposal is to install a new approximately 69 square foot sign, 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and the proposal includes a copy change section. CONDITIONS 1. That the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law, which is Town Code section 221, and 2. That the applicant must obtain a sign permit prior to installing the sign, and 3. That the submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit, and 4. That the sign have no copy change element, and 5. That the setback from the side lot line be no less than 3 feet and the sign is permitted to be located off -premises. FINDINGS 1. That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. 2. The applicant's request as modified by the conditions of this variance, specifically that the benefit that the applicant wishes to achieve cannot be met by any other means feasible given that the applicant's business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road. 3. That further it will not be an undesirable change in the neighborhood character, which are nearby properties, given that the sign as modified by this board is in keeping with the character of other signs nearby which are also conforming. 4. That the request is not substantial, that the sign is conforming in size and is only nonconforming in location. 5. The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created. The MOTION was carried unanimously. AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: None Mr. Bianchi — So if I understand this correctly, you are permitting the clock but not the changeable copy as part of the overall dimension? Chairperson Sigel — The clock, we believe, is a permitted by the sign law. Ms. Brock — As long as nothing is moving, flashing. Chairperson Sigel — And so therefore is permitted. Mr. Bianchi — I thought the Planning Board said that was not. Ms. Balestra — No. They just recommended the removal of this. Ms. Brock — I think they were looking just at what you submitted and thinking if you wanted to keep the part of the sign that said East Hill Carwash the same size that then starting to add the other elements might exceed the permissible limit. So what this board has done has said that you can have a sign that is 50 square feet and if you want to change how you configured the text and the clock, add more text such as the website that is all fine. Chairperson Sigel — We specifically prohibited the copy change section, but, well we didn't actually say anything about the clock. So if its permitted, which you should verify with the code enforcement officer that it is, then you can put that there. Mr. Bianchi — But if its not permitted then we would come back. Chairperson Sigel = Then if you wanted it you could come back for an additional variance. Mr. Krantz — The clock is permitted with no moving parts. So the time has to stay the same and never change. [laughing] Ms. Balestra — That's right. Chairperson Sigel — Okay. Do you have any other questions? Mr. Bianchi — No. Chairperson Sigel — Okay. Thank you very much. Okay, any other official business? No. Okay, we're adjourned. Approved by: Kirk Sigel, Chairman Paul Deputy Town Clerk FILE DATE G� ZBA RESOLUTION No. 2007 — 036 SEQR East Hill Car Wash Sign MOTION made by Kirk Sigel, seconded by Ron Krantz. RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town Staff. The MOTION was carried unanimously. AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: None STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Paulette Neilsen, 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 20th day of August 2007. Town of Ithaca FILE DATE Z q ZBA RESOLUTION No. 2007 — 037 Sign Variance East Hill Car Wash MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED that this Board grants the appeal of Douglas Bianchi, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code be permitted to erect a new freestanding sign for the East Hill Carwash located at 383 Pine Tree Road, tax parcel number 62.-2-13.2 and 62.-2-13.6, community commercial zone. The proposal is to install a new approximately 69 square foot sign, 16 foot tall internally lit on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and the proposal includes a copy change section. CONDITIONS 1. That the proposed sign shall not exceed 50 square feet in total sign area as defined in the Town of Ithaca sign law, which is Town Code section 221, and 2. That the applicant must obtain a sign permit prior to installing the sign, and 3. That the submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Carwash to allow the placement of the sign on Cornell property prior to issuance of any sign permit, and 4. That the sign have no copy change element, and 5. That the setback from the side lot line be no less than 3 feet and the sign is permitted to be located off -premises. FINDINGS 1. That this Board of Appeals does find that the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. 2. The applicant's request as modified by the conditions of this variance, specifically that the benefit that the applicant wishes to achieve cannot be met by any other means feasible given that the applicant's business is located far back from a public road and therefore needs a sign on a separate tax parcel at the road. 3. That further it will not be an undesirable change in the neighborhood character, which are nearby properties, given that the sign as modified by this board is in keeping with the character of other signs nearby which are also conforming. F c PIS W3M+a�rr�Y•T��+S�f� W �f1FMMi1��Y wS iJ'il�.6 4. That the request is not substantial, that the sign is conforming in size and is only nonconforming in location. 5. The request will not have adverse physical or environmental affects and the alleged difficulty is not self-created. The MOTION was carried unanimously. AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: None STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Paulette Neilsen, 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 20th day of August 2007. Deputy Town Clerk Town of Ithaca TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, AUGUST 20, 2007 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 20, 2007, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M., on the following matters: APPEAL of Eunice McFall, Owner, Monique Morse, French Lavender Flower Shop, Applicant/Agent, requesting variances from the requirements of Chapter 221, Section 221-6(A) to allow two wall signs on the French Lavender Flower Shop building, including moving an existing 4 square foot sign currently located on the front of the building to the east side of the building, and installing a 23+/- square foot sign on the front of the building. The French Lavender Flower Shop is located at 903 Mitchell Street, Town of Ithaca Tax Parcel No. 59-2-16, Medium Density Residential Zone. The Town Sign Law permits one 4 square foot wall sign per. building in a residential district. The applicant therefore requests variances from the ZBA to have two wall signs, with one that exceeds the 4 square foot maximum size. APPEAL of Judith Kellock, Owner/Appellant, Burke Carson, Agent, requesting variances from the requirements of Chapter 270, Article IX, Section 270-71(A) and Article XXV, Section 270-205(A) of the Town of Ithaca Code, to be permitted to install a 5'6" x 16' sunroom addition onto the front of a single family home located at 110 Judd Falls Road, Town of Ithaca Tax Parcel No. 66-5-9.1, Medium Density Residential Zone. The property contains an existing non -conforming home on an existing non -conforming lot. Installing the sunroom to create additional living space will expand the existing non -conformity and encroach into the 25 -foot minimum front yard setback. APPEAL of Cornell University, Owner, Robert Blakeney, Appellant, David Schlosser, Schopfer Architects, LLP, Agent, requesting a variance from the requirements of Chapter 270, Article XIII, Section 270-117(A)(3) of the Town of Ithaca Code to be permitted to install a 1,200+/- square foot boat storage shed approximately 5'4" from the side property line, in conjunction with the development of the Cornell Merrill Family Sailing Center, located at 1000 East Shore Drive, Town of Ithaca Tax Parcel No. 19-2-29, Lakefront Commercial Zone. The Town Code requires a 30 foot minimum setback from any structure to the side property line (for properties in the Lakefront Commercial Zone). APPEAL of Douglas G. Bianchi, Owner/Appellant, requesting variances from the requirements of Chapter 221 of the Town of Ithaca Code to be permitted to erect a new freestanding sign for the East Hill Car Wash, located at 383 Pine Tree Road, Town of Ithaca Tax Parcel No.s 62-2-13.2 and 62-2-13.6, Community Commercial Zone. The proposal is to install a new 69 +/- square foot; 16 -foot tall internally lit freestanding sign on Cornell University property at the new driveway entrance on Pine Tree Road. The sign will be located off -premise and includes a clock and copy change section. The proposal will require several variances from the Town of Ithaca Sign Law as it exceeds the 50 -foot maximum allowable area, is off -premise, contains a copy -change element, may contain moving elements, and may be located within 15 feet of the side lot line. Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matter 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. Jonathan Kanter, AICP Director of Planning 607-273-1747 Dated: August 10, 2007 Published: August 13, 2007 %y OF jT ��911 TOWN OF ITHACA �V 215 N. Tioga Street, ITHACA, N.Y. 14850 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 PLANNING DEPARTMENT MEMORANDUM To: Zoning Board of Appeals Members From: Christine Balestra, Planner Mike Smith, Environmental Planner Date: August 6, 2007 RE: East Hill Car Wash — Sign Variances Enclosed please find materials related to the proposed sign variances for the new freestanding sign for the East Hill Car Wash located at 383 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62-2-13.2 and 62-2-13.6, Community Commercial Zone. The proposal is to install a new 69 +/- square foot freestanding sign on Cornell University property at the new driveway entrance on Pine Tree Road. The proposed sign will be approximately 16 feet high, internally lit, and includes a clock and copy change section. It appears that this sign proposal will require four variances from the Zoning Board of Appeals. Two of the variances relate to the location of the sign while the other two relate to the design of the sign. The two location related variances are for an off -premise sign that is located within the 15 foot side yard setback, where off -premise signs are prohibited and freestanding signs shall be placed no closer than 15 feet from a side lot line. The car wash property does not front on any public road, making it difficult for the sign to remain on the car wash property while still being visible to the customers. The two design related variances are for the freestanding sign to be +/- 69 square feet and for it to include a copy -change section, where 50 square feet is the maximum area allowed for a freestanding sign in the commercial zone and where copy -change signs are not allowed on freestanding signs. The copy -change section and the proposed clock both add to the overall area of the proposed sign. Enclosed is a packet of material provided by the applicant that includes a drawing of the proposed sign, pictures of the site, and letters from the applicant and Cornell University. Also attached is a site plan from the Cornell Office Building project that shows the proposed location of the sign at the entrance and the completed Short EAF forms. The Planning Board, acting as the Sign Review Board, reviewed this proposal at the August 7tl' Planning Board meeting. Included is a copy of the resolution from that meeting. The Planning Board recommended denial of the 69+/- square foot sign, finding that the area was excessive and could be reduced to the allowable 50s.f. area (by possibly deleting the copy change and clock sections or reducing the entire sign area) and it would not significantly decrease the effectiveness or message of the sign. The Board, however, recommended approval for the location of the sign. Please contact me by phone at 273-1747 or by email at cbalestra(acr),town.ithaca.ny.us with any questions you may have regarding this proposal. Att. J 72 TC'MN OF-ITHACA BUILDING/ZONING ,OWN OF ITHACA N. Tioga Street, ITHACA, N.Y. 14850 ENGINEERING 273-1747 PLANNING 273-1747 BUILDING AND ZUNING 2/3-1 /tss HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 Application for Appearance in front of the Zoning Board of Appeals CFee $100 CHECK ALL THAT APPLY Area Variance Use Variance _ Sign Variance Sprinkler Variance Special Approval For Offi`ce,Use Only Property is`located Wit l'in or adjacent to County: Ag -District CEA Forest Home. Historical District Requesting an appearance to be allowed to FM ir: For Office Use Only' Date -Received -1 :Cash or -Check No. c�a Zoning District Town of Ithaca'Tax Parcel No. tQg `' 3, of , as shown on the accompanying application and/or plans or other supporting documents, under Article(s) , Section(s) , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Application Form. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows: (Additional sheets may be attached as necessary.) ' pts ess ew, -%0 3 3 -f 3 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/ Signature of Appellant/Agent Print Name Here I Date: Home Telephone Number ®� — " ��` 3o Vie k (telephone Number (OGS S a NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will expire. Your attendance at the meeting is strongly advised. Revised 8/9/06 Town of Ithaca Environmental Review 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-ProlectgSponsor) 1. Applicant/Sponsor 2. Project Name 610e I�Ji9J / r4) 1 3. 3. Precise 1 cation (street address, road intersections, prominent landmarks, etc. or provide map:) /Vae.ii4 5I OL J,C Acc-esv'biive..A::� 3f'3 rt 37Tigee. Qn; 5 ecz CL, Tax Parcel Number: a - 4- 13 . Co 6 2 -4 - 13; 2 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): (Attach separate sheet(s) if necessary to adequately describe the proposedproject.) 6. Amount of land affected: Initially 0-5 rs ,QC ' Acres 6-10 rs .04P64 >10yrs) ftIbAcres 7. How is land zoned presently? 8. Will proposed action comply with existing zoning or other existing land use restrictiof!s? Q Yes NO t/ If no, describe conflict briefly: lid%, &A,J f dQaes A044 OVX. �C Si #J r'rMJ elLcecr CC Wkyj allowlM 9. Will proposed action lead to a re uest for new: ✓Public NO Public Road? YES NO Public Water? YES NO Sewer? YES 10. What is the present land use in the vicinity of the proposed project? Residential Commercial _9L Industrial Agriculture Park/Forest/Open Space Other t/ Please,Describe: N1oKEo l,�S� Cvn��i�+v�nrr ©Cf �odcel l r e5�eaN�� CAQ GCSE/ 11. Does proposed action involve a permit, a roval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO " 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 an pe,{mit/approval. Also, state whether it will require modification. s, ,J P� 4�i��,��s/ ��s�40ai 9a g - S 4)J I CERTIFY THAT THE INFORMATION PROVIDED ABCTVE IS TRUE TO THE BEST OF MY KNOWLEDGE plicaQt/Sponsor Name (Print or Type): Signature and Date( 1. Revised 8/9/06 L Addendum: Town of Ithaca Short Environmental Assessment Form Part 5. East Hill Car Wash (tax parcel 62-2-13.6) is located on an interior lot with no frontage on Pine Tree Rd. The purpose of this request for variance is to replace a previously permitted sign on Pine Tree Rd. This sign was installed in 1981 by agreement between property owner, Groff Associates (Robert A. Groff, Stewart D.Knowlton, James J. Lynch), and Daniel R. & Heather R. Kailburn, the owners of East Hill Car Wash. The sign site property was subsequently sold to Cornell University and the existing sign was displaced in September, '06, by the development of an office building at 391 Pine Tree Rd. The final site plan approval for 391 Pine Treed Rd. was, in part, contingent upon adequate space on Pine Tree Rd., in the approximate location of the former sign, being provided to erect a new sign for East Hill Car Wash. Cornell University has granted permission to place a new sign on their propertyt (attached letter to Cathy Valentino from John Majeroni, January 8, 2007) in the area shown pages 4 & 6 of the sign permit application. East Hill Car Wash Sign PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, 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 NYCRR, 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) CI. 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: None Anticipated. The proposal involves constructing a +/- 69 square foot freestanding sign for the East Hill Car Wash. The sign will be approximately 16 feet high, internally lit, and will be located off -premises on an adjacent parcel. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. While the design of the sign panel (East Hill Car Wash) appears to be in character with the neighborhood and community, the proposed size of the entire sign structure is significantly larger than other similar types in the Town and would not be compatible with the character of the neighborhood and community. The addition of the copy -change section, which is not permitted on freestanding signs, along with the clock area add a significant amount of mass to the sign and don't appear necessary to identify the business. It appears that the size of the sign, the copy -change section, and the clock could be easily reduced in size, or specific portions eliminated, while still maintaining the basic design and achieving the goal of having the sign visible to customers along Pine Tree Road. With the business located on a landlocked parcel, the proposed location of the sign appears appropriate. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. 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: None Anticipated. The location where the sign will be located is zoned Community Commercial and the project will require at least four variances from the Zoning Board of Appeals. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. 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 adequately 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 Zoning Board of Appeals Name of Lead Agency Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency DATE: of Resnonsible Officer in Lead Preparer's Signature of Contributing Preparer I P 40 TCW Associates, Inc. 1263 Ellis Hollow Rd. Ithaca, NY 14850 (607) 277-4630 ph./fax July 17, 2007 Town of Ithaca Planning/Sign Review Board 215 N. Tioga St. Ithaca, NY 14850 Dear Board Members: Enclosed, please find an application for a sign permit with supporting documents. This sign is to replace a previously permitted business sign for East Hill Car Wash that has been displaced by the development of an office building at 391 Pine Tree Rd. The previous sign was situated in approximately the same location as the proposed sign. East Hill Car Wash has operated for over 25 years from an interior lot, located behind what is currently operating as Olivia Restaurant, with no frontage on Pine Tree Rd. As the landscape continues to mature and change with development, maintaining a substantial sign presence on Pine Tree Road is imperative to this remaining a viable business. The proposed sign was designed by and is to be built by Cayuga Signs, Inc. It measures six feet wide by eight feet, four inches high (<50 sq.ft./side), excluding the clock area and utilizes two, four inch square steel posts for support. It is proposed to have a maximum height of sixteen feet, four inches to allow for six feet of open space beneath the sign, so as not to obstruct motorist line of site at the intersection. The top portion, measuring 6'X6'3" will be internally lighted by high efficiency white fluorescent tubes in accordance with code requirements. I will be happy to answer any questions or provide additional information, as requested. Thank you for your consideration of this application. Sincerely: c� Douglas. Bianchi 5901- 19V1 all #W Encls.: Permit Application, E-mail Correspondence, CU Real Estate Site Authorization, Sign Drawing, Site Pictures, Tax Map. PS 1 FILE DbL DATE '01 ADOPTED RESOLUTION. PB RESOLUTION No. 2007 - 084 Recommendation to Town of Ithaca Zoning Board of Appeals Sign Variance — East Hill Car Wash 383 Pine Tree Road Tax Parcel No.'s 62-2-13.2 and 62-2-13.6 Town of Ithaca Sign Review Board (Planning Board) August 7, 2007 MOTION made by Fred Wilcox, seconded by George Conneman. WHEREAS. 1. This action is consideration of a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for the East Hill Car Wash located at 383 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62-2-13.2 and 62-2-13.6, Community Commercial Zone. The proposal is to install a 69 +/- square foot sign on Cornell University property at the new driveway entrance on Pine Tree Road. The proposed sign will be approximately 16 feet high, internally lit, and includes a clock and a copy change section. Variances for this proposal include, but are not limited to, it being an off -premise sign, which is not permitted, it will exceed the maximum size of signs permitted, it contains a copy change section, which is not permitted, and it is located too close to the side lot line. Cornell University, Owner; TCW Associates, Inc., Applicant; Douglas G. Bianchi, Agent. 2, The Planning Board, at a Public Hearing held on August 7, 2007, has reviewed and accepted as adequate a drawing entitled "Layout Plan" dated 01-05-06, a dimensioned drawing of the proposed sign (pg 5), and other application material, and NOW THEREFORE BE IT RESOLVED. That the Town of Ithaca Planning Board, acting as the Sign Review Board, recommends to the Zoning Board of Appeals that the request for sign variances for an off -premise sign that is within the 15 foot side yard setback, where off -premise signs are prohibited and freestanding signs shall be placed no closer than 15 feet from a side lot line, be approved, AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board, acting as the Sign Review Board, recommends to the Zoning Board of Appeals that the request for a 69 +/- square foot freestanding sign which includes a copy -change section, where 50 square feet is the maximum area allowed for a freestanding sign in the commercial zone and where copy -change signs are not allowed on freestanding signs, be denied, subject to the following conditions: a. the proposed sign shall not exceed 50 square feet in total sign area, as defined in the Town of Ithaca Sign Law (Town Code Section 221), and b, the applicant must obtain a sign permit prior to installing the sign, and C. submission of documentation that Cornell University has granted the necessary easement, license or other legal authorization to East Hill Car Wash to allow the placement of the sign on Cornell property, prior. to issuance of any sign permit, A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Thayer, Talty, Riha and Erb NAYS: Hoffmann ABSTENTIONS: None The motion passed. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS. TOWN OF ITHACA) I, Paulette Neilsen, Deputy Town hereby certify that the attached resolution Planning Board of the Town of Ithaca at 2007. Clerk of the Town of Ithaca, New York, do is an exact copy of a regular meeting' same adopted by the oe 7tn day August Deputy Town C Town of Ithaca Cornell University January 8, 2007 Cathy Valentino Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Real Estate Departure 15 Thornwood Drive Ithaca, NY 14850 t. 607.266.7866 L 607.266.7876 www.re.comell.edu RE: Application for Doug Bianchi to install a sign for the East Hill Car Wash on Cornell University Property located at 391 Pine Tree Road, Ithaca, NY Dear Ms. Valentino: Please allow this letter to serve as authorization from Cornell University for Doug Bianchi to appear before the proper boards of the Town of Ithaca in order to apply for the necessary approvals as it relates to the installation of a sign for the East Hill Car Wash located at 383 Pine Tree Road. The tax map identification: number for the Cornell University parcel upon which the sign will be located is 62-2-13.2. If you have any questions or concerns, please contact me directly at 607-266-7870. Very truly yours, cc: Doug Bianchi, East Hill Car Wash PS z jkanter@town.ithaca.ny.us, 04:07 PM 11/29/2005, 391 Pine Tree Rd. Project To: jkanter@town.ithaca.ny.us From: Douglas Bianchi <dgb7@cornell.edu> Subject: 391 Pine Tree Rd. Project Cc: Hermans@inteprop.com Bcc: Attached: Dear Planning Board: I am unable to attend tonight's special meeting but would like to express my thoughts and concerns on this project as the owner/operator of East Hill Car Wash, located adjacent to the development site. First, I welcome the addition of this building as it will help to bring traffic to area businesses and greatly improve the aesthetics of the area. Since Genex moved, the rear of the property has suffered from a lack of maintenance. The landscape has become overgrown and unsightly. Also, the addition of a properly constructed roadway should slow the deterioration of the surface material caused by the large delivery trucks that exit East Hill Plaza via this route and create the omnipresent pot -holes that exist. My concerns with this project are two -fold. First, is the impact that the road construction phase will have on our business. People use our facility to drive away with a clean car. A dirt roadway will discourage customers from using the wash. It is imperative to our financial health that construction of the new roadway be done expediently to minimize the disruption of traffic flow and the amount of time the surface exists in an unpaved state. Second, and probably of most importance, is our ability to have our business name located on Pine Tree Rd. as it is now. The car wash is located behind Olivia Restaurant, with no frontage on Pine Tree Rd. Exposure from Pine Tree is minimal as the line of sight to our facility is mostly obscured by maturing trees. The plan eliminates the area where our sign is currently situated. To my knowledge, no provisions for replacement of this structure exists in the current plan. The loss of a substantial sign presence on Pine Tree Rd. would be devastating to our business. I have brought these concerns to the attention of Mr. Herman Sieverding, Integrated Acquisitions and Development. He has been most understanding and the discussion is on-going as how best to resolve them. Thank you for considering these issues. Sincerely: Doug Bianchi Douglas G. Bianchi Vice President TCW Associates, Inc. 1263 Ellis Hollow Rd. Ithaca, NY 148504920 (607) 2774630 (ph/fax) PS 3 DEP Edward C. Marx, AICP Commissioner of Planning and Public Works Mr. Jonathan Kanter, Director of Planning Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 G August 1, 2007 r AUG 2 2007 L - TO'NN OF ITHACA FLAt��IING, 7_ONiGNG, E"=G.IhdEERING Telephone (607) 274-5560 Fax (607) 274-5578 Re: Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Sign Variance for East Dill Car Wash, Tax Parcel #: 62.-2-13.2 Dear Mr. Kanter: 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 Department has reviewed the proposal, as submitted, and has determined that it has no negative inter - community, or county -wide impacts. The Department offers the following comments regarding the proposed project, which are not formal recommendations under General Municipal Law §239 -1 and —m: ■ To maintain consistency in the district and comply with the Town of Ithaca Sign Code it is recommended that the clock and copy -change feature be eliminated from the sign. Please inform us of your decision so that we can make it a part of the record. Jodn JurWwichl AICP of Planning