HomeMy WebLinkAboutZBA Use Variance 3/15/2004j1y OF 171//
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�04� 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: File
From: Christine Balestra; Planne<T
Date: May 15, 2007
RE: Compliance With ZBA 2004-006 Resolution Condition #2
History: In 1987, the Zoning Board granted a time-limited use variance to Student Agencies for
the use of a storage building as a principle use on a property located at 1482 Mecklenburg Road,
Town of Ithaca Tax Parcel No. 27-1-24.32. The building is the only structure on the property
and the property is located in an Agricultural Zone, which prohibits storage buildings as
principle uses.
The time-limited nature of the use variance included an inspection by the Zoning Officer every
two years to confirm compliance with the ZBA's conditions of approval. Andrew Frost, former
Zoning Officer, inspected the property every two years as required, and found the property to be
in compliance with each inspection.
Mr. Frost contacted the applicant via letter dated September 22, 2003 (in file) to request that the
applicant re -appear before the ZBA to extend the two-year inspection limit or seek a permanent
variance for the project. The applicant appeared before the ZBA in March of 2004, where the
ZBA extended the time limit to three years, specifically noting in condition #3 that "the variance
is to be valid for a three-year period to be automatically renewed upon satisfactory inspection by
the Town of Ithaca Zoning Officer." The Zoning Board also imposed additional conditions of
approval and incorporated the original conditions in the new approval. One of the additional
conditions included the construction of a "fence or landscaping barrier, erected along the east
side property line..." to "extend at least 75 feet north and 75 feet south" of the truck entrance
(this is condition #2 in the 2004 approval).
Current Situation: I inspected the site o
landscaping barrier" noted above had not
comply with the condition rather than
condition.
n April 13, 2007 and found that the required "fence or
been erected. I contacted the applicant, who opted to
seek another variance from the ZBA to modify the
The applicant called on May 15, 2007 to let me know a fence had been constructed on the site
per the condition specifications. I inspected the site on that same day and found a fence with a
total length of 150 feet erected as required.
The property at 1482 Mecklenburg Road is now completely in compliance with the conditions
imposed by the Zoning Board on 5/27/87 and 3/15/04. The ZBA most recently granted this use
variance for a term of three years, subject for renewal upon staff inspection after three years,
thereby making the next inspection due on March 15th, 2010.
1
FILE
DATE
ZB RESOLUTION NO. 2004-006: STUDENT AGENCIES INC, 1482
MECKLENBURG ROAD, TOWN OF ITHACA, TAX PARCEL NO. 27.-1-24.329
AGRICULTURAL ZONE, R-30.
MOTION made by Kirk Sigel, seconded by Harry Ellsworth.
RESOLVED that this Board renews and modifies the variance granted on May
277 1987 by this Board for the property located at 1482 Mecklenburg Road, Town
of Ithaca Tax Parcel No. 27-1-24.32, Agricultural Zone (R-30 regulations apply).
CONDITIONS:
1. The variance is only to be valid as long as Student Agencies owns and
operates the service substantially similar to its present use.
2. A fence or landscaping barrier, satisfactory to the Town Code
Enforcement Officer, is to be erected along the east side property line
Within three- months from the date of this meeting. The fence or
landscaping barrier must extend at least 75�feet north and 75 feet south
(total length at least 150 feet) of the truck entrance.
3. The variance is to be valid for a three-year period to be automatically
renewed upon satisfactory inspection by the Town of Ithaca Zoning
Officer.
4. No outside storage is to be permitted.
The vote on the a MOTION resulted as follows:
AYES: Sigel, Ellsworth, Niefer
NAYS: NONE
ABSENT: Krantz
The MOTION was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS.
TOWN OF ITHACA:
I Lori Love, Deputy Town Clerk of the Town of Ithaca, New York, do hereby
certify that the attached resolution is an exact copy of the same adopted by the
Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 15th
day of March 2004.
Deputy Town Clerk
Town of Ithaca
FILE
DATE
ZB RESOLUTION NO. 2004-006: STUDENT AGENCIES INC. 1482
MECKLENBURG ROAD, TOWN OF ITHACA, TAX PARCEL NO. 27.-1-24.32,
AGRICULTURAL ZONE, 13-30.
MOTION made by Kirk Sigel, seconded by Harry Ellsworth.
RESOLVED that this Board renews and modifies the variance granted on May
27, 2987 by this Board for the property located at 1482 Mecklenburg Road, Town
of Ithaca Tax Parcel No. 27-1-24.32, Agricultural Zone (R-30 regulations apply).
CONDITIONS:
1. The variance is only to be valid as long as Student Agencies owns and
operates the service substantially similar to its present use.
2. A fence or landscaping barrier, satisfactory to the Town Code
Enforcement Officer, is to be erected along the east side property line
within three months from the date of this meeting. The fence or
landscaping barrier must extend at least 75 feet north and 75 feet south
(total length at least 150 feet) of the truck entrance.
3. The variance is to be valid for a three-year period to be automatically
renewed upon satisfactory inspection by the Town of Ithaca Zoning
Officer.
4. No outside storage is to be permitted.
The vote on the a MOTION resulted as follows:
AYES: Sigel, Ellsworth, Niefer
NAYS: NONE
ABSENT: Krantz
The MOTION was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS.
TOWN OF ITHACA:
I Lori Love, Deputy Town Clerk of the Town of Ithaca, New York, do hereby
certify that the attached resolution is an exact copy of the same adopted by the
Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 15th
day of March 2004.
Deputy Town Clerk
Town of Ithaca
FILE
DATE
ZB RESOLUTION N0, 2004- 005 : ENVIRONMENTAL ASSESSMENT
STUDENT AGENCIES INC, 1482 MECKLENBURG ROAD, TOWN OF
ITHACA, TAX PARCEL NO. 27.-1-24.32, AGRICULTURAL ZONE, R-30.
MOTION made by Kirk Sigel, seconded by James Niefer.
RESOLVED that this Board makes a negative determination of environmental
significance in the appeal of Student Agencies Inc., Appellant; Dan Kathan,
Agent, requesting a variance from the requirements of Article XI, Section 51 and
Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to
continue the use of a general storage building by the Student Agencies located at
1482 Mecklenburg Road, Town of Ithaca Tax Parcel No, 27-1-24.32, Agricultural
Zone (R-30 regulations apply). Said zone does not permit storage buildings as a
principal use on parcels located in agricultural zones. This motion is made for the
reasons stated in the undated Environmental Assessment Form prepared by
Town staff.
The vote on the a MOTION resulted as follows:
AYES: Sigel, Ellsworth, Niefer
NAYS: NONE
ABSENT: Krantz
The MOTION was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS,
TOWN OF ITHACA:
I, Lori Love, Deputy Town Clerk of the Town of Ithaca, New York, do hereby
certify that the attached resolution is an exact copy of the same adopted by the
Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 15th
day of March 2004.
Deputy Town Clerk
Town of Ithaca
ALE S
DATE
TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY, March 15, 2004
7:00 P.M.
PRESENT: Kirk Sigel, Chairperson; Harry Ellsworth, Board Member; James
Niefer, Board Member; Andy Frost, Director of Building/Zoning; Randy Marcus,
Acting Attorney for the Town; Michael Smith, Environmental Planner,
EXCUSED: Ronald Krantz, Board Member
OTHERS: Dan Kathan, 307 Roat Street; Lillian Kelly, 1478 Mecklenburg Rd;
Mark Thompson, 144 Whitetail Drive; Bonnie Mathers, 909 Taughannock
Boulevard; Marilyn Patterson, 909 Taughannock Boulevard; Chris Ufford, 199
Taughannock Boulevard; .Pam Williams, 9 Townline Road
Chairperson Sigel called the meeting to order at 7:05 p.m.
APPEAL: Student Agencies, Inc., Appellant; Dan Kathan Agent, requesting
a variance from the requirements of Article XI, Section 51 and Article V,
Section 18 of the Town Zoning Ordinance, to be permitted to continue the
use of a general storage building by Student Agencies at 1482 Mecklenburg
Road, Tax Parcel No. 27-1-24.32, Agricultural District where (Rm30
regulations apply). Said zone does not permit storage buildings as a
principal use on parcels located in agricultural zones.
Chairperson Sigel - Ok, Mr. Kathan could you state your name and address for
the record?
Dan Kathan, 307 Roat Street — Sure.
Roat Street, Ithaca, New York.
My name is Dan Kathan. I live at 307
Chairperson Sigel — Ok. Could you just give us a brief overview of what it is
you're asking to do?
Dan Kathan — Certainly. Student Agencies operates a small portfolio of
businesses that are run by Cornell students. And in my role as General Manager,
I provide some oversight and mentoring to that group. I have been with Student
Agencies for five years at this point. The particular business that we operate is a
storage service that we provide to the students and primarily that is for summer
storage for students who live out of town. So there is a peak period where we
collect.their belongs at the end of the school year, the main time frame, and store
it for the summer period. And then at the end of the summer, there's a
corresponding peak where we deliver the goods and those are the.... that's the
primary period of activity.
Zoning Board of Appeals
Approved Minutes
March 15, 2004
Chairperson Sigel - Okay. And you were granted a variance in 1987. Is that
right?
Dan Kathan - A variance was granted for the use. I'm not sure whether it was...
It was well before my time and I'm not sure if it was granted to Student Agencies
or the previous owner of the name Belcore, I believe.
Chairperson Sigel - I think we did mention Belcore in the minutes.
Mr. Frost - As they were the owners at the time and it was intended though to be
use of the building by Student Agencies.
Chairperson Sigel - Ok. Yeah and the variance at that time it is a little bit unclear
as to what the board at that time intended as far as the renewal went. Whether
Mr. Frost was suppose to just sort of ok it every 2 years and whether it had to
come back to this board or not.
Mr. Frost -You can see from the mail out there where a couple of letters—and I
did actually report to the zoning board and it was never really clear whether we
would need to come back to this board and things kind of like got buried and
here we are tonight.
Chairperson Sigel - Ok. I'm just going to take a moment to read this letter that we
got here.
Mr. Frost - The woman who wrote the letter actually just walked in.
Chairperson Sigel - Ok. Do you have a copy of the letter? Do you have a copy of
the letter?
Dan Kathan - No. I don't.
Mr. Niefer - Andy is it correct? I noticed the material that you gave us indicates
that the owner of the property is Student Agencies Property, Inc. So it's not a
leased property then?
Mr. Frost - Right. At the time when they appeared before the Zoning Board, in
187, the property was up for sale and the real estate agent at that time were the
principal people appearing at the Zoning Board at that time.
Chairperson Sigel - Any other questions from the board at this time?. If not, we'll
open the PUBLIC HEARING.
Chairperson Sigel opened the Public Hearing at 7:11 p.m.
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Zoning Board of Appeals
Approved Minutes
March 15, 2004
Chairperson Sigel - Would anyone like to speak regarding this appeal? We do
have a letter here from Ms. Lillian Kelly given to the board. She has some
concerns. One of which is whether the variance will convey if the building is.sold.
Another concern suggested a fence between their property and her property. And
dealing with an expansion. There's no expansion of use here proposed, right?
Dan Kathan — No. This is the first time I've seen the letter. I've quickly read it. It
seems like a reasonable letter to me and I think I could speak to some of the
concerns raised here. If that's helpful.
Chairperson Sigel — Go ahead.
Dan Kathan - First of all, I think it is very unlikely that Student Agencies would be
inclined to sell the property. I think it fits well with our mission. But I also
understand the concern expressed and there's no way of guaranteeing that so
that's probably within the board's jurisdiction to try to address that issue. It
doesn't sound to me as though it would be problematic to address that in some
way from our prospective. To the point about the organization you've mentioned
that by design,there's sort of a frequent turn over and that's a valid point.
Throughout most of Student Agencies' history, not all of it but the majority of it;
and certainly the last 20 years or so, it truly was purely a student -run
organization. They created my position 5 years ago because I think they came to
the conclusion that there needs to be some permanent over site for continuity.
And while we really try to empower the students, some reasonable
empowerment boundaries are needed. And so I think that's a big part of my role
and so we've been working hard to build institutional memory and to develop
guidelines that not only help them be successful in running their businesses but
to be good citizens. And you're pretty kind in your remarks and I think for the
most part we've managed to do that. Certainly if there were issues, I would be a
good contact person and we would work very hard to work it out. Another
comment is since the time I've been on board, we've also done things outside of
the building to try to improve the aesthetics for the neighbors. So these all seem
like very reasonable concerns. I think for the most part, we've been pretty good
at being good neighbors certainly that would be our intent and we would certainly
work hard to address any of the issues.
Lillian Kelly — This is just so you know. I'm actually a couple of houses down. I'm
the immediate neighbor. I was just more curious than anything else. I'm actually
the writer of the letter. Just wanted you to know.
Mr. Kathan — Ok. So I don't see any issues or concerns from our end in trying to
comply with these things.
Chairperson Sigel - Would you be willing to put up a fence? As suggested.
Zoning Board of Appeals
Approved Minutes
March 15, 2004
Mr. Kathan - First of all I report to a board of directors, so I probably would need
to get concurrence but conceptually I don't see a problem with that. Maybe the
only thing is we are an organization that works very hard and makes a modest
profit. So funding might be the issue. I don't know what a fence might cost but
we'd certainly consider that.
Female voice — Can I comment or...
Chairperson Sigel — Actually if you could ... let's see ... weIre kinda short on
microphones. But if you could...
Female voice - Well l have a big, booming voice so ... (laughter)
Chairperson Sigel — We're trying to record the comments. So if you could try to
move over and give us your name and address for the record.
Lillian Kelly 1478, Mecklenburg Road — My name is Lillian Kelly..,
Chairperson Sigel — Lillian why don't you just pull your chair up to the table there.
You won't have to squat.
Ms. Kelly - I live at 1478 Mecklenburg Rd. And I've been the neighbor of this
storage barn now for 12 years; and as I did mention in the letter, I think overall
they've really been good neighbors. And when I was talking about the fence.
You might have a picture of the property... right here ... See it's a long skinny
building and -they unload and load kind of right in the middle here. And one of the
things that happens is you know you have students out there and they come
waiting for the trucks to come or so there can be these waiting periods. And
sometimes during the waiting periods people venture out on little adventures and
they don't know where the property line is. They don't necessarily know where
somebody else's land starts. And I guess when I suggested the fence, I wasn't
thinking of, you know, some great big, huge institutional thing; but just something
that define the boundary so that you know like ... Last year a couple of kids found
some golf clubs and they decided to do some practice with the golf clubs well
some of those balls had some error in some kinds of trajectory and so you know
(laugh) if it's just that you know that's the edge, it's a helpful cue.
Chairperson Sigel - How about instead of a fence some landscaping be put in?
Maybe just some...
Ms. Kelly - Out there this is just.a ...if you were on a farm field and somebody
had a few pine trees, I mean it might be helpful for a reference point but I don't
know as if ...I don't know. It's negotiable that might be an easier thing than a
fence.
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Zoning Board of Appeals
Approved Minutes
March 15, 2004
Mr. Frost - Something like a wire weld fence though which is certainly a whole lot
cheaper than a picket fence or a split rail fence. That you could probably... those
are like $40 for a 50 foot roll
Mr. Kathan - Yeah and we can ... I'm certainly comfortable to commit that we
could do that no problem.
Mr. Ellsworth - Have the students put it up.
Ms. Kelly - Even if they just put it up when it was loading and unload season; just
so that there was some kind of mental note that you know that's the edge, that
I
ould be really nice. So it wasn't like a huge construction project.
Mr. Frost - So you're not looking for something that would cut the view like an
eight -foot picket fence or anything or stockade fence.
Ms. Kelly - No. I'm just So that he can say to his students, "That fence is the
property line." That's it.
Chairperson Sigel - Anyone else have any comments? No?
Mr. Frost - I just actually wanted to ask Dan. There is no plan for expansion? I
know you're talking about fixing the inside but...
Mr. Kathan - No. We just actually won a contract with Cornell, with the university,
to provide additional storage for some of the dorms. And we actually are renting
space from Bill Duthie. It's I think East Shore Storage may be the name of it. But
so we're expanding the business but through that avenue.
Mr. Frost - They would need actually to come to the Zoning Board if they were to
apply for a building permit to6expand anyhow.
Ms. Kelly — Well they actually said last year something about putting a second
story on that storage barn.
Chairperson Sigel - That wouldn't happen without at least a public hearing also.
Mr. Kathan - I certainly couldn't preclude us ever wanting to do anything different
there. But we certainly don't have any immediate or short range plans to do that.
In fact what.we have done is worked out an arrangement as I said with the
gentleman named Bill Duthie who owns Storage. Again we... Our primary use is
a 3- month period. So it's pretty hard to justify and do a pay back on it.
Mr. Niefer - Ok. I think Kirk maybe we should consider a 3 -year extension from
this date for this variance. Perhaps also making it clear that the variance does
not convey with the property. That any subsequent property owner would need
5
Zoning Board of Appeals
Approved Minutes
March 15, 2004
to apply for continuation of the variance. Maybe that's implicit in sales
transaction, I don't know. But I think for the purposes of our variance we might
state it so there's no ambiguity about it.
Mr. Marcus — Kirk, if I could just jump in it sounded like there may be a couple of
points that I should just comment on and before I do, I want to note for the record
that our firm had acted as counsel to Student Agencies for actually quite some
time. I don't believe that's still the case. I personally haven't done any work for
them. But John Barney had and so if any of the board members or if Student
Agencies was uncomfortable with my participating in the discussion, you know,
speak now or forever hold your peace. But as is usually the case that nobody
really minds if I put my 2 cents in. It is possible for you guys to condition the
granted variance on either a time period specified as in years or specified by the
ownership of the property. If you didn't condition the variance that way, it would
remain in effect as the property transferred ownership from this time .on forward.
So you would want to specify that as a limitation or condition on the grant.
Mr. Niefer - Note that maybe we should specify that there should be no outside
storage. Just assume for a moment that someone decided well I want to park a
car or boat or RV or something there for the season when they're gone. I don't
think that's contemplated or was contemplated in the past but the vagueness of
the situation might be such that someone might conclude and I don't believe you
intend it. But on the other hand those are the things that could be adverse it
seems to the character of the neighborhood if it became an outside storage area
too.
Mr. Frost - Just for the record I've never I'm not aware of...
Mr. Niefer - I was very impressed with the fact that you painted the roof and it's a
very apparently neat operation externally. So that..
Mr. Kathan -Mr. Frost had a chance to see it inside. It's pretty good inside and
out.
Mr. Niefer - From the picture of the tax roll verses what's out there today why
you're to be commended for the maintenance of the property.
Chairperson Sigel - Thank you. I think I'd like to try to word the variance so that
it was sort of a continuation of what was granted. Rather than necessarily have
to justify a use variance at this point.
Mr. Marcus - I think you're best off doing it that way because.. - And just sort of
add some conditions. Would you have a strong recommendation for or against
going, making it so that Andy can just sort of renew it in the future? Or should
that have to come back to the board.
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Zoning Board of Appeals
Approved Minutes
March 15, 2004
Mr. Frost - I could just give a report and actual report to the board without a
public hearing. There's nothing wrong with that.
Chairperson Sigel — Ok. But if we do set a time limit, then something has to be
done at that point. Either Andy has to do something or we have to re -approve.
Mr. Frost - I think what was lacking in that original grant was what should
happen after that 2 years point. It wasn't exactly clear whether they needed to
come back for another hearing or.
Chairperson Sigel - I think that their intent was actually just to have Andy inspect
and approve.
Mr. Frost - And I, in fact, did that for the first few years and with the passage of
time, well it just like I said fell by the wayside.
Chairperson Sigel - Any other comments or questions?
Mr. Ellsworth - The only other thing I was gonna say is that I thought they could
work the fence thing out with Andy. We don't need to get into try to qualify that
as far as style and length and all that stuff.
Mr. Frost - Do you want to add a condition that some form of fence be added to
mark the line?
Chairperson Sigel - Or if you want to word it that some form of property
delineation occur.
Chairperson Sigel - Fence or landscaping.
Chairperson Sigel - It looks to me like the..[ mean we're talking about the east
side of the property.
Mr. Frost - Your house is on the west of the..
Chairperson Sigel - No the east side.
Ms. Kelly — Um hum.
Chairperson Sigel - I mean according to the plan here it looks like ... I mean the
chicken ... I mean we're talking about the thing labeled chicken house.
Dan Kathan - Yes.
Ms. Kelly - Yeah.
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Zoning Board of Appeals
Approved Minutes
March 15, 2004
Chairperson Sigel - And that's only close to the east property line right. Ok.
Ms. Kelly — It's a concrete block. It doesn't look like a house. (laugh)
Chairperson Sigel — All right, I will move to renew and modify the variance
granted on May 27, 1987 by this Board for the property located at 1482
Mecklenburg Rd, Tax parcel 27-1-24.32 with the following further conditions:
That the variance only be valid only as long as Student Agencies owns and
operates the service there substantially similar the what they're doing now.
Second condition, that a fence or some type of landscaping barrier sufficient or
satisfactory to the town code enforcement officer be erected within three months.
Mr. Frost - Along the easterly line.
Chairperson Sigel - Oh yeah I'm sorry. Along the easterly line. What the entire
length of the chicken house? The entire length of the building? Or
Mr. Marcus - How about to such an extent as to provide a physical barrier.
Mr. Niefer - Seperation.
Mr. Marcus - or marking of the line physical demarcation.
Chairperson Sigel - at least half the length?
Ms. Kelly - Yeah. Just this area right here. Maybe. The property line is 514 feet.
Maybe just the last 200 feet here or 150 or something.
Chairperson Sigel - So less than the length of the building? Or about the length
of the building?
Ms. Kelly — The (comments inaudible).
Mr. Frost - How about just to the satisfaction of the adjoining property owner?
Ms. Kelly - The entrance to the building is in the middle of the building and that's
where all this waiting and unloading and truck activity occurs. So it'd be kind of
like that's where you need it is where the people are kind of standing around.
Way up here going up to the road, no. No problem.
Chairperson Sigel — Ok.
Mr. Marcus- So at least 75 feet to either side of the building entrance? North and
south of the building entrance?
Chairperson Sigel —Yeah. That seems reasonable.
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Zoning Board of Appeals
Approved Minutes
March 15, 2004
Mr. Kathan - And maybe that should say truck entrance. There is sort of a
pedestrian entrance on this end.
Chairperson Sigel — Ok. Truck entrance.
Mr. Kathan -Yeah and that would. That sounds fine.
Chairperson Sigel — Ok. And then shall we change it to three years? You think.
The variance is valid for three years to be automatically renewed upon
satisfactory inspection by the town code enforcement officer and finding that all
conditions of the original variance and this new variance are met.
Mr. Niefer - And no outside storage
Chairperson Sigel - Yeah thank you. Further condition that there be no outside
storage. Ok. Second?
Mr. Niefer — Second.
Chairperson Sigel - All in favor?
ZB RESOLUTION NO. 2004406: STUDENT AGENCIES INC, 1482
MECKLENBURG ROAD, TOWN OF ITHACA, TAX PARCEL NO. 27.-1-24.32,
AGRICULTURAL ZONE, R-30.
MOTION made by Kirk Sigel, seconded by Harry Ellsworth.
RESOLVED that this Board renews and modifies the variance granted on May
27, 2987 by this Board for the property located at 1482 Mecklenburg Road, Town
of Ithaca Tax Parcel No. 274-24.32, Agricultural Zone (R-30 regulations apply).
CONDITIONS:
1. The variance is only to be valid as long as Student Agencies owns and
operates the service substantially similar to its present use.
2. A fence or landscaping barrier, satisfactory to the Town Code
Enforcement Officer, is to be erected along the east side property line
within three months from the date of this meeting. The fence or
landscaping barrier must extend at least 75 feet north and 75 feet south
(total length at least 150 feet) of the truck entrance.
3. The variance .is to be valid for a three-year period to be automatically
renewed upon satisfactory inspection by the Town of Ithaca Zoning
Officer.
4. No outside storage is to be permitted.
M
Zoning Board of Appeals
Approved Minutes
March 15, 2004
The vote on the a MOTION resulted as follows:
AYES: Sigel, Ellsworth, Niefer
NA YS: NONE
ABSENT., Krantz
The MOTION was declared to be carried unanimously.
Chairperson Sigel — Ok. Thank you.
Dan Kathan — Thank you very much.
Chairperson Sigel — Thanks. Did we need to do SEQR on that? We do actually.
Mr. Frost.— Hold on a second please.
Chairperson Sigel — We don't need them.
Dan Kathan — Ok.
Chairperson Sigel - Just a formality. We have one more motion. I will move to
make a negative determination of environmental significance for the reasons
stated in the environmental assessment form prepared by town staff dated
February 3, 2004. Second?
Mr. Niefer — Second.
Chairperson Sigel — All in favor?
ZB RESOLUTION NO. 2004- 005: ENVIRONMENTAL ASSESSMENT :
STUDENT AGENCIES INC, 1482 MECKLENBURG ROAD, TOWN OF
ITHACA, TAX PARCEL NO, 27.-1-24.32, AGRICULTURAL ZONE, R-30.
MOTION made by Kirk Sigel, seconded by James Niefer.
RESOLVED that this Board makes a negative determination of environmental
significance in the appeal of Student Agencies Inc., Appellant; Dan Kathan,
Agent, requesting a variance from the requirements of Article Xl, Section 51 and
Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to
continue the use of a general storage building by the Student Agencies located at
1482 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27-1-24.32, Agricultural
Zone (R-30 regulations apply). Said zone does not permit storage buildings as a
principal use on parcels located in agricultural zones. This motion is made for the
reasons stated in the undated Environmental Assessment Form prepared by
Town staff.
10
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Zoning Board of Appeals
Approved Minutes
March 15, 2004
The vote on the a MOTION resulted as follows:
AYES: Sigel, Ellsworth, Niefer
NAYS: NONE
ABSENT.• Krantz
The MOTION was declared to be carried unanimously.
Chairperson Sigel — Ok.
APPEAL: Seventh Day Adventist Church, Appellants Mark Thompson,
Agent requesting variances from Sections 3.024 and 5.04-3 of the Town of
Ithaca Sign Law, to place a 24 square foot self -illuminated sign with copy
change components at 1219 Trumansburg Rd., Town of Ithaca Tax Parcel
No. 26442, District R-15. The Sign Law does not permit self -illuminated
copy. change signs in residential zones.
Chairperson Sigel opened this segment of the meeting at 7:28 p.m.
Male voice — Good evening.
Chairperson Sigel - Hi.
Mark Thompson, 144 Whitetail Drive — My name is Mark Thompson. I live in
Ithaca on Whitetail Drive, 144.
Chairperson Sigel — And could you just give us a brief description of how you got
to this point and what it is you want to do?
Mr. Thompson — Ok. The sign that we had was built in 1980. There was an
approval for a sign at that time. It was constructed with internal illumination,
which was not granted in that proposal but by mistake it was added after that and
it happened to be built into it. And there's a picture in the pamphlet somewhere
that shows that there's two fluorescent bulbs on the inside for illumination. At
any rate that sign was struck by a car in August and irreparably damaged. So to
move ahead and replace it with something that looks like the previous one, we
came up with some designs that included two lines of copy text and internal
illumination. And so our goal is just to replace the sign with something that looks
similar to what was there before. Aesthetically pleasing and yet to have the
change of the copy text.
Mr. Frost — There is a temporary sign that's been put up since the first one has
been destroyed. So if you drove by there and see the sign, that's just temporary
and that's not illuminated at this particular time.
To: The Town of Ithaca Planning and Zoning Board
RE: Request for variance by Student Agencies Inc.
Date: March 10, 2004
MAR 12 W
TOWN OF ITHACA
BUILDING/ZONING
I am the neighbor to the south of the Student Agencies Inc. storage bam and have had them as a
neighbor since buying my property in 1992. Overall I believe that they have been good
neighbors. As I understand Student Agencies has a mission to provide employment and
management opportunities to students and this division of SA, Big Red Storage, serves an
important and unique function in our community, storing student possessions between semesters
when the dorms are closed. SA has found an ideal use for a large old building and have been
maintaining it and upgrading its appearance over the years. Overall, they have my support but
there are some concerns that I would want to address given the opportunity before us.
1) Will the variance convey if the building is sold? Big Red Storage takes very good care of their
property and during most times of the year they are quiet neighbors with controlled access: only
SA employees are on the property and they have specific work to do. My major concern is that
under other ownership there could be unrestricted coming and going from the property by
possibly dozens of people that had stuff stored there and they may loiter or linger. The situation
with SA is completely unique in my opinion and I would strongly oppose a variance that
conveyed unconditionally with the property.
2) Because there is little continuity in the Big Red organization by design, students move on and
new ones have the opportunity to fill their place, often understandings that I have with one group
are not conveyed to the next group. Over the years there have been problems with property lines
and understanding boundaries and occasional groups of student workers that are particularly
noisy or inconsiderate. I have even had instances of likely accidental, not malicious, vandalism.
I believe that thesesorts of problems could be eliminated or minimized if a fence was erected that
clearly defined the property boundaries, making it clear to the workers that they were neighbors
to someone and that they should be considerate and careful. This fence would not have to follow
the entire property line but just enclose the area where trucks are loaded and unloaded and people
wait for the trucks to arrive (North end of property line). I believe that this fence should be a
condition of the variance.
3) Last year one of the SA people told me that they were planning an expansion of the facility at
the Mecklenburg Road site. While I understand that this is a different question I do feel that an
increase of traffic well beyond what happens there now during "moving season" would possibly
represent the crossing of a line from a good use of a building with low community impact to a
very high profile commercial use that would have a high community impact. While I do not
strictly object to this expansion I would want it to be carefully reviewed and considered in light of
the fact that what attracts us to living where we do is that we are not in a commercial district and
that we do have zoning regulations.
Thank you for your consideration,
cx&zo;��
Lilian Mather Kelly
1478 Mecklenburg Road
`jfy en7L 14t e.,,o,is
11,17ee, k1 Al 6L
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)
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. The proposal involves continuing the storage of student personal belongings in the existing warehouse
located at 1482 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27-1-24.32. There is no new
construction proposed, only a request to renew. the use variance granted in 1987.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
None Anticipated. The building has not been actively used for agricultural uses at least since 1987 when the original
variance was granted. It appears that a portion of the property is actively farmed.
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 site is designated as "Agricultural" in the Town's Comprehensive Plan and it is zoned Agriculture.
The storage use received a variance in 1987 from the Town Zoning Board of Appeals with conditions.
The original variance was limited to two years, subject to renewal. The variance has not been renewed.
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 111- 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 exnlanations 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.
XCheck 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
\ r
SiQnakure of Responsible Officer in Lead
21310
Preparer' Ss ignature (If different from Responsible Officer)
Signature of Contributing Preparer
DATE:
02/04/2004 WED 9:39 FAX
02/02/2004 1r".:04 6072731704
TOWN OF ITHACA
Town of Itbaca Planning Department
215 North Tiog:t Street
Ithaca, New York 14850
(607) 273=1747
AGIUCU ,TU,RAL DATA STATEMENT
Z 001/002
PAGE 0t
In accordance with Section 283-a of the New York State Town Law, the Town of Ithaca
will use the d�st<-i in this stau^ment to assist ill evaluating On impacts of proposed development
projects on fail- operatioris in Agricultural Districts.
t. Name of Applicant: �) rv'r. f'�„•!
Address: _ c-1 C c7
2. Project Name/Location:
3. I)esenption, of proposed project.
V
Iyz?-! jq,';77
4. Tax Parcel'Number(s); r
5. Number of total acres involved with project:
60 Numbfi of total acres presently in Tax Parcel: ^4Ift'
7. How much of the'site is currently farmed.? Acres
B. Please identify who is faroxing the site.
9. Please indicate, what your.intentions are for use of the renwnder of the property, over:
Five years: JLC C[ --
Ten years: k, ej P la��
Twenty years;
l D. Who will inaintam the remainder of the property not being used for this development?
(PLEASE C.ONPLET'E OTHER SIDE.)
02/04,12004 WED 94639 FAX X002/002
02/02/2004 16:04
6072731704
TOWN OF ITHACA
te
11. Please indicate crop(s) or vegetational cover for the site* l JO L. U � l �., 10
12. Are here any drainage ways or underground tile systems located on'the site?
Will this project alter existing drainage patterns? j� GJ If yes, please describe
13,
Is the parcel iticluded in a farm plan prepared by the Tompkins County Soil and Water
District of the USDA Soil Conservation Service', 0
Are fed=ally funded cost shari«g practices in place for the parcel?
Namte of pro1(s)..
PAGE 92
14. is the Parcel currently. granted an agricultural tax exemption.? Yes ANO
Signature' of Applicant:
Date:
�lkRR**yc�w*#�M*##R*** +h#�f.rw** ##* M***RW4R*#*ss•R##**wRM+M**+►RR*R*#4*##**NR+Y#R
FOR TOWN USE ONLY:
NOTE. This form and n map of the parcel(s) should be mailed to County. Planning
as part of the Gll4L m and n referral. It should also be mailed to property owners
within 500 feet of the property boundary along with the Notice of Public Hearing
(Attach Iist of property q* nen within 500 feet).
Maine of Staff Person-.
Date Referred to County Planning -..-
(Ong. Mite: 4/7,2/94. Rev: 3197)
Printer Friendly Report
Additional Story Area
Three -Quarter Story
Area:
Finished Basement
Number of Stories
Exemptions -
No Exemptions
0.00 sqft County Year Tax: $551.85
County Year: 2001
0.00 sqft School Year Tax: $0.00
0.00 sqft School Year:
0
Page 2 of 2
http://asmsdg.tompkins-co. org/imate/printable. asp?img=http://asmsdg.tompkins-co. orglimateimages/... 2/4/04
Edward C. Marx, AICP
Commissioner of Planning
Mr. Andy Frost, Building/Zoning Officer
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
CF -1
January 5, 2004
JAN - 7 2004 Wmao
TOWN OF ITHACA
13UIWING /ZONING
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: Use Variance, Student Agencies, 1482 Mecklenburg Rd., Tax Parcel No. 27-1-24.3
Dear Mr. Frost:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General
Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has
no negative inter -community, or county -wide impacts.
Please inform us of your decision so that we can make it a part of the record.
.i•. iit.l�,irr^ 1.1}:.i� �;(; A'+wtlQf.l: '.1i�.Iif i%;�1� ii.�, i4':,',.� n: �v. i�.�•.>•'n�
Sincerely,
Edward C. Marx, AICP
Commissioner of Planning
TOWN OF ITHACA
215 North Tioga Street
Ithaca, New York 14850
(607) 2734783
APPEAL
to the
Building Inspector/Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca, New York
1 -me eue �741ve yl/ liln)4 //1
FEE: $80.00
RECEIVED: 12
CASH -
CHECK. (I `1, LE )
ZONING:
For Office Use Only
eh 7,Wl,i ,;ZCe
at �y�� C�� leoQto;e , Town of Ithaca Tax Parcel No. l " �7 7 /-12V _ �J , as shown on the
accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit
would be in violation of: /e
Article(s) X. S Section(s) J'/? of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED
�spectfully submits this Appeal from such denial and, in support of the Appeal, affirms that strict observance of the Zoning
Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows:
M
(Additional sheets may be attached as necessary.)
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter
my property to inspect in connection with my application.
Signature of Owner/Appellant: Date:
Signature of Appellant/Agent
Print Name
3,4 IV C4;rWA1.1
''ome Telephone Number
�� ic/El2AL 14 X1 i Ane
Work Telephone Number: IODJ'o?7o� fe f 2110
NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the
variance will mia. Your attendance at the meeting is advised.
ME
M-Aiiii�a:�i�:,.ir�n 1:
- :::••a•••
Zoning Board of Appeals
of the
Town of Ithaca, New York
1 -me eue �741ve yl/ liln)4 //1
FEE: $80.00
RECEIVED: 12
CASH -
CHECK. (I `1, LE )
ZONING:
For Office Use Only
eh 7,Wl,i ,;ZCe
at �y�� C�� leoQto;e , Town of Ithaca Tax Parcel No. l " �7 7 /-12V _ �J , as shown on the
accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit
would be in violation of: /e
Article(s) X. S Section(s) J'/? of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED
�spectfully submits this Appeal from such denial and, in support of the Appeal, affirms that strict observance of the Zoning
Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows:
M
(Additional sheets may be attached as necessary.)
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter
my property to inspect in connection with my application.
Signature of Owner/Appellant: Date:
Signature of Appellant/Agent
Print Name
3,4 IV C4;rWA1.1
''ome Telephone Number
�� ic/El2AL 14 X1 i Ane
Work Telephone Number: IODJ'o?7o� fe f 2110
NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the
variance will mia. Your attendance at the meeting is advised.
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 I • PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor: 2. Project Name:
3. Precise location (street address, road Intersections, prominent landmarks, etc. or provide map):
Tax Parcel Number: G Z 7
c €
4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? Q2Ntt-(- oalL%eJNous p/iQ 1St
5. Describe project briefly: (Include project purpose, present land use, current and future
construction plans, and other relevant items): ,tom
No tiaw CGIvS'iILUG�iaN b✓}� �-b CO/✓�iN..o. o V� �� jS�a� /
�>L)fvv a IL du,(,7 A�lf l,�,. 1/a,2i�wc2 y,�,�CW ►I/ /G!�7
(Attach separate sheet(s) if necessary to adequately describe the proposea proleci.)
6. Amount of land affected: Initially (0.5 yrs) G Z' Acres (6.10 yrs) L Z Acres (> 10 yrs) Z ZAcres
7. How Is land zoned presently? .. �� /)r L
8. WIII proposed action comply with existing zoning or other existing land use restrictions?
YES NO 7` If no, describe conflict briefly: Z/d %,'j' Co/✓5is�a+ f� UN��,� �2eVtaUa 1/
i � J _/i
9. WIII proposed action lead to a request for new:
Public Road? YES NO Public Water? YES NO Public Sewer? YES NO X
10, What Is the present land use In the vicinity of the proposed project? ResidentialCommercial
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 permittapproval. Also, state whether It will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor tame (Print or Type):
Signature:
ww� Date: ICA -4D -()J
Rev. 8/92
t16ER M PaCE
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= a TOWN OF ITHACA
18 21 ^
4� �04� 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850
www. town. ithaca.nv.us
TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273-1656
FAX (607) 273-1704
September 22, 2003
Mr. Daniel Cathem
Student Agencies
409 College Avenue
Ithaca, New York 14850
RE: Storage Building at 1482 Mecklenburg Road
Dear Mr. Cathem:
Thank you for meeting me at the Student Agencies' storage building located at 1482 Mecklenburg Road on September 19, 2003.
The purpose of our meeting was to review the "conditions of approval" imposed by the Town's Zoning Board of Appeals on May 27,
1987, with respect to a "use variance" granted. (Copy of Zoning appeal minutes enclosed.)
The building appears well maintained and its use appears to be unchanged. That is, college students use the building for storage
of personal belongings, primarily when they are out of town for summer recess.
Upon review of the Zoning Board of Appeals minutes, I believe that the Student Agencies should reappear before the Zoning
Board to seek the continuation of the use variance previously granted. It is not clear from reading these minutes whether or not the
variance was granted for only a two year period or simply subject to a review by the Town Building Inspector every two years. It is
my opinion that it is in the best interest of the Student Agencies to reappear before the Board and seek a long term or indefinite use
variance for this property.
1 am also enclosing a variance application for your use and would anticipate being able to schedule you for a November 17, 2003
appearance date. Should you have any questions, please feel free to call me.
Sincerely yours,
Andrew S. Frost
Director of Building and Zoning
Enclosures
ASF/dlh
cc: Cathy Valentino, Town Supervisor
Kirk Sigel, Zoning Board of Appeals Chairman
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY. MARCH l5, 2004
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, March 15,
2004, in Town Hall, 215 North Tioga Street, Aurora Street Entrance, Ithaca, NY, COMMENCING AT
7:00 P.M. on the following matters.
APPEAL of Student Agencies Inc., Appellant; Dan Kathan, Agent, requesting a variance from the
requirements of Article XI, Section 51 and Article V, Section 18 of the Town of Ithaca Zoning Ordinance,
to be permitted to continue the use of a general storage building by the Student Agencies located at 1482
Mecklenburg Road, Town of Ithaca Tax Parcel No. 27-1-24.32, Agricultural Zone (R-30 regulations
apply). Said zone does not permit storage buildings as a principal use on parcels located in agricultural
zones.
APPEAL of Seventh Day Adventist Church, Appellant, Mark Thompson, Agent; requesting variances from
Section 3.02-1 and 5.04-3 of the Town of Ithaca Sign Law, to place a 24 square foot self -illuminated sign
with. copy change components at 1219 Trumansburg Road, Town of Ithaca Tax Parcel No. 26442,
Residence District R-15. The Sign Law does not permit self -illuminated, copy change signs in residential
zones.
APPEAL of Bonnie Mathers, Appellant, requesting a variance from the requirements of Article IV, Section
14 and Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a roof
over an existing non -conforming patio/porch that is located at the property line (15 foot setback required)
at 909 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-9, Residence District R-15.
APPEAL of Kirk Sapa, Appellant, Pamela Williams, Agent requesting a variance from the requirements of
Article IV, Section 16 of the Town of Ithaca Zoning Ordinance, to be permitted to create by subdivision a
building lot that does not contain sixty continuous feet of road frontage, nor 100 feet of width at the
maximum front yard setback, at 621 Elm Street Extension, Town of Ithaca Tax Parcel No. 29-8-5.1,
Residence District R-15.
Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs, as appropriate, will be provided with assistance, as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior
to the time of the public hearing.
Andrew S. Frost
Director of Building and Zoning
273-1783
Dated: March 5, 2004
Published: March 8, 2004
r
TOWN OF ITHACA
126 EAST SENEGA $TREU
1THAGA, NEW YORK
14U0
December 30, 1988
Mr. Carl A Contiguglia
c/o Student Agencies, Inc.
409 College Avenue
Ithaca, New York 14850
Re: Student Agencies Storage Building
Mecklenburg Road Town of Ithaca
.Tax Parcel #6-27-1-24.32
Dear Mr. Contiguglia:
This letter serves as
a follow up to our meeting at the
Student Agencies storaae building
The purpose of our meeting was to
at Mecklenburg Road on 12-20-88.
verify that the Zoning Board of
Appeals conditions
ing have been met.
imposed
During
on 5-27-87,
my.visit
upon the use of your build-
I observed the following:
1) A driveway from the Mecklenburg Road to the the building has
been constructed. Ingress from the Sheffield Road is no longer
provided,
2) A low level seci.1rity light is located on the building's front,
3) A telephone has been installed inside the building,
4) The outside grounds appear neat and clean.
Finally, the Zoning Board of .Appeals approval for your building
was granted on a two year basis. A new approval will be needed on
or around May 27, 1989. You should plan on submitting a Zoning Board
of Appeals application to this office several weeks prior to May to
ensure your place.on the May agenda.
Should you have any questions, please feel free to call me.
Sincerely.,
Andrew S. Frost,
Building Inspector/Zoning
Enforcement Officer
cc: Noel Desch, Supervisor
,Henry. Aron, Chairman; Zoninq board of Appeals
Sharon Dauk, Student Agencies, Inc.
126 EAST SENECA STRW
ffHACAe NEW YORK
MEMO
TO: Henry Aron, Chairman and
Members of -the Zoning Board of Appeals
FROM: Andrew Frost;'Building Inspector/Zoning
Enforcement Officer (!
DATE: June 8, 1989
RE: Student Agencies Storage Building - Hecklenburg Road
Tax Parcel #6-27-1-24.32
This memorandum -serves as a report of the Zoning Board of
Appeals with respect to the Zoning Board of Appeal's use variance
granted to Belcor Associates on 5-27-87.for the use of a storage
building by the "Student Agencies" on the Mecklenburg Road, near
Sheffield Road, Town of Ithaca Tax Parcel #6-27-1-24.32.
I inspected the property on 6-7-89 and found it to be in
compliance with the conditions imposed by the Zoning Board of
Appeals on 5-27-87. I have also not received any complaints from
the public in regard to the property.
The use variance was granted for.a term of two years and
subject to renewal after two years.
ON
tj zz
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TOWN OF ITHACA
ZONING BOARD OF APPEALS
May 27, 1987
TOWN OF
i
W �
A regular meeting of the Town of Ithaca Zoning Board of
Appeals was held on May 27, 1987 in the Ithaca Town Hall, 126
East Seneca Street, Ithaca, New York.
PRESENT: Chairman Henry Aron, Edward Austen, Jack Hewett,
Town Planner Susan Beeners, Building Inspector Andrew Frost, and
Town Attorney John C. Barney.
ALSO PRESENT: Mark H. Gardner, Randy S. Hubbell, Joseph M.
Salino, Karl Mount, Ed Mazza, Anna Stuliglowa, Douglas Fain,
Elliott Lauderdale, Peter Hillman, Lindsay Goodloe, Robin
Goodloe, Edward D. Cobb, Daniel Booth, Margie Rumsey, John Tidd.
The public meeting opened at 7:00 p.m.
Chairman Aron stated that all posting and publication of
the public hearings had been completed and that proper affidavits
of same were in order.
The first item on the agenda for consideration was as
follows:
ADJOURNED'APPEAL (from April 15, 1987) of Belcor Associates,
Ltd., Appellants, Mark H. Gardner, Belcor Realty, Agent,
with respect to the subdivision of Town of Ithaca Tax Parcel
No . :'6 '27 1 2 4. 3, 4.24 gross acres, located in an
Agricultural Zone, (Residence District R-30 Regulations
applicable), with frontage on Sheffield Road and backlot of
Mecklenburg Road, with 54i 9 feet of frontage on Mecklenburg
Road, into three lots, i.e., two approximately one -acre lots
and one -approximately two -acre lot, from the decision of the
Building Inspector/Zoning Enforcement Officer denying under
Article XIV, Section 76, of the Town of Ithaca Zoning
Ordinance, a Certificate of Compliance for said new two -acre
lot with 50.9 feet of frontage on Mecklenburg Road, 150 feet
of frontage at the front yard setback being required under
Article V, Section 23, paragraph 2, (minimum width and depth
of lots) , of the" -Town of Ithaca Zoning Ordinance., and
further with respect `to an existing 40 feet by 240 feet
structure. located on said new two -acre lot, :;.from the
decision of the Building Inspector/ Zoning Enforcement
Officer denying permission for the modification of a
variance granted by the Board of Appeals on November 20,
1985, -from the requirements of Article XI, Section 51, and
Article V, Section 18, (Use Regulations), of the Town of
Ithaca Zoning Ordinance, which permitted the use of said
existing 40 -foot -by 240 -foot structure, previously used for
poultry research, for the limited storage of boats and motor
I
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2
veh'icl'es, such modification being a request for permission
to includ'e `the general -storage of , household goods, AND
FURTHER, from the decision of the Building Inspector/Zoning
Enforcement Officer denying permission, also under Article
X1, Section 51, and Article V, Section 18, ( Use
Regulations), of said Zoning Ordinance, for the !s&71_ 'df an
existing 40 -foot by 80 foot structure, located on one of the
new approximately one -acre lots fronting:`on 'Sheffield Road,
,
formerly used as a barn,for;_.':the. -storage :of lumber and
sal'�a;gematerials.
Chairman Aron indicated that the public hearing was closed
on this matter and briefly stated that there were two matters
before the Board for consideration, one being a modified use
variance on the chicken house and the other being a use variance
for the four-story barn. He continued that this matter had been
adjourned for two reasons, one reason being that the negative
vote at the previous meeting was two to one and was declared null
and void since a negative or positive vote had to be by a
majority of three members of the . Board. Chairman Aron stated
that as to the barn Belcor Agency had advised to seek advice
from a structural engineer and the building inspector and report
back to the Board as to the feasibility of the barn being used
for storage of lumber. He further stated that the members of the
Board present had visited the location.
Chairman Aron referred back to the use variance given to
Belcor in November of 1985 allowing for the storage of boats and
trailers only, which use variance, according to Mrs. Stuliglowa's
admission, had been violated three months later by allowing
merchandise other than boats and cars to be stored on the
premises, and in fact Belcor had leased the premises to. Student
Agencies. Chairman Aron admonished Belcor Agency saying that the
Board was disheartened by this action. He also stated that in
order to give Belcor a modified use variance the Board had to
have, by law and statute, documented information proving that
Belcor had been losing money because it was not feasible to store
boats and trailers on the premises because of the lack of demand
for this type of storage.
Mr. Mark Gardner, agent for Belcor, then addressed the
Board. He repeated that he was not with the company at the time
of the violation but he had obtained a copy of the advertisement
Belcor Agency had run to seek customers for the storage of boats
and trailers on the property. Mr. Gardner stated that under
their lease with Student Agencies Belcor still could continue to
store boats and trailers on the premises if there was a demand
for such storage.
Mrs. Stul.iglowa stated
distributed by direct mail to
dealerships in the County of
that the advertisement was
all the automobile and boat
Tompkins and in addition . the
3
advertisements were posted wherever it was thought they would
generate business. She continued that an advertisement was
placed in the Ithaca Journal classified section under "Storage"
for two or three months. Mrs. Stuliglowa said that all this
advertising brought them was about eight to twelve cars, and it
was not cost effective to continue this type of storage since the
income that she was deriving was not enough to cover the mortgage
payments, taxes and insurance on the property. Chairman Aron
asked what type of proof she had to show the Board and Mrs.
Stuliglowa responded that she did not know that they would be
asked for this type of proof but it was available and she could
present it to the Board. Mrs. Stuliglowa said 4 that in March or
April 1986 they were down to one or two cars that would have been
taken out soon after that and they were going to be faced with an
empty building. Mrs. Stuliglowa said that with the mortgage
payment, the taxes and the insurance on the building they were
losing money since they only charged $50.00 per car or boat to be
stored there. She stated that this was a flat rate and sometimes
not even that high since sometimes they negotiated for less than
that. Mrs. Stuliglowa added that there was further expense to
her since an employee of Belcor had to go to the storage
facility, unlock it, let the tenant take his car out, lock the
facility up again, and then go back to the office. She repeated
that there was simply not a demand for this type of storage and
though they had tried to generate more business they had been
unsuccessful.
Mr. Gardner said that the past manager representing Belcor
had not been cognizant of the limitations of the use variance and
had made the lease with Student Agencies. He stated that Student
Agencies pays at this time $750.00 per month and they are
responsible for the funneling of goods in and out of the storage
facility, and Student Agencies sublets part of the facility to
Cornell. He continued that there is a rush in traffic during the
Spring and fall and intermittent traffic during the rest of the
year. Mr. Gardner stated that he felt that Student Agencies was
a unique tenant and it was a one-time opportunity to find an
organization with the manpower and the draw, specifically Cornell
students, to make the storage facility profitable.
Chairman Aron reminded Mr. Gardner that at the last hearing
one of the neighbors had appeared complaining about noise and
late hour traffic at the facility. Mr. Gardner responded that
Belcor had a proposal covering both the chicken house and the
four story barn and passed these documents out to the Board.
Such proposal stated how the problems would be resolved and Mr.
Gardner and the Board reviewed same. A copy of such document is
attached hereto as Exhibit 1.
Mr. Gardner assured the Board that all the conditions listed
in the proposal would be enforced and adhered to in the strictest
manner. A copy of the Student Agencies present lease was
E
E]
Presented to the Board for review and Mrs Gardner stated that
they would like to negotiate the lease coming up for renewal in
September of 1987 with Student Agencies, and that the conditions
listed in the proposal would be part of that lease with Student
Agencies,
Chairman Aron stated that at the previous meeting it was
mentioned that: a light should be placed on the building and yet
it was not mentioned in the proposal, and Mr. Gardner responded
that he had forgotten that item but Belcor was willing to place
lighting on the property.
Mr. Gardner said that in regard to Mr. Ault's complaints
about people getting stuck in the driveway near his house, Belcor
was prepared to block off that driveway and put a driveway
straight out through the available frontage on the Mecklenburg
Road thereby missing Mr. Ault's house by about 1,000 feet, and
further Belcor was willing to eliminate the use of the Sheffield
Road access altogether from the two acre parcel.
Chairman Aron inquired whether Belcor would still store
boats and cars in the premises and Mr. Gardner responded they did
not think so although under the Student Agencies lease they still
had a right to store up to two boats or cars. Mr. Gardner
continued that in the time he had been with Belcor he had never
experienced any demand for that type of storage.
Chairman Aron, in calling for a motion, reminded the Board
that a use variance did not have to be permanent but could also
be for a limited time such as for two years at which time re-
inspection would be made by the zoning officer, and such variance
could -also be subject to the Town Attorney reviewing the lease
with Student Agencies, and could also be subject to the driveway
being relocated.
Mr. Gardner stated that he thought that all the conditions
could be met by September 11 1987 -and the property could be ready
for inspection at that time.
As to the chicken house a motion was made by Edward Austen
as follows:
RESOLVED, that this Board grant a modified use variance for
the 240 foot building known as the chicken coop for general
storage, with the agency operating same to be responsible
for maintaining reasonable hours, from 6e00 a.m. and not to
exceed 10:0() p.m.; and it is further
RESOLVED, that this modified use variance be provisional
upon the driveway being constructed straight out from the
building to the Mecklenburg Road, and the existing driveway
being blocked off behind the other barn to the west, and
II
further provisional upon the relocated driveway being kept
in a clean and safe condition with snow removal provided so
as not to cause the neighbors problems; and it is further
RESOLVED, that a. low level security light, so as not to be
offensive to the neighbors, shall be provided on the
building to light the general entranceway to the building,
and it is further
RESOLVED, that a private telephone for local calls only
shall be installed inside the premises for the tenants' use,
and it is further
RESOLVED, that the premises shall be maintained in a clean
and neat manner; and it is further
RESOLVED, that this modified use variance shall be for a
term of two years, subject to renewal after two years, at
which time the premises will be inspected by the zoning
officer to ascertain whether the premises are in conformance
with such modified use variance, and either renew same if
they are in conformance, or revoke same if Belcor is not in
compliance with the terms of the modified use variance.
,lack Hewett seconded the motion.
The voting was as follows:
Aye - Hewett, Aron, Austen
Nay - None
The motion was carried.
Chairman Aron instructed Belcor Agency to forward a copy of
the new lease with Student Agencies effective September 1, 1987,
when prepared, to Town Attorney John Barney for review and
approval.
As to the four-story barn, Chairman Aron read a document
from a George N. Woikow, Structural Engineer, a copy of which
document is attached to Exhibit 1 hereto. When asked where Mr.
Woikow's stamp was, Mr. Gardner responded that Mr. Woikow had
worked for twenty years for Cornell but was not certified and had
not done any calculations. He felt this was the most cost-
effective way to approach the matter .since a certified engineer
would take eight to twenty hours of calculations at a costly
price. Mr. Gardner referred to Belcor's proposal as to the four-
story barn (Exhibit 1) in which certain renovations were to be
made following the advice of Mr. Woikow,
Chairman Aron inquired how long this barn had been standing
and Mr. Randy Hubbell responded that hie thought it had been
6
standing since around 1910 and been used for poultry.
Mr. Gardner said that Mr. Randy Hubbell wanted to purchase
the barn to be used for storage of lumber and windows and
furniture.
Chairman Aron asked why the barn had to be sold. Mrs.
Stuliglowa said that she desired the barn to be used, that at the
present time it was standing vacant. Chairman Aron inquired if
itcould be rented to Mr. Hubbell and Mrs. Stuliglowa responded
that she felt th e barn should be in the hands of someone who
understands the barn, that there were some monetary losses as
mentioned earlier in discussing the other part of the property,
but that her chief motivation was to put the four-story barn in
the hands of the right person. Mr. Gardner expanded on this by
saying that at the present time the barn is unused and therefore
represents a risk in perhaps teenagers using it for a clubhouse,
possibly someone smoking in it and causing a fire, etc. Chairman
Aron asked if this had happened and Mrs. Stuliglowa responded
that during her ownership it had not but the previous owner had
reported some incidents of this nature. Mr. Gardner said that
there was no commercial return on this parcel under Belcor' s
ownership and management and that the best use of this parcel
without repairing the barn would be to demolish the barn at a
cost of $5,000. and sell it as a building lot which would bring
in about $5,000. Mr. Gardner felt that to sell the barn to a
person such as Mr. Hubbell who was willing to do the work on the
barn to bring it into compliance and put it to good use would be
a much wiser utilization of the property.
Attorney Barney was asked by Chairman Aron how the Board
should react to az applicant asking for a use variance when the
applicant was not going to be using the barn, and in fact the use
variance would belong to a purchaser who had not in fact made
application. Attorney Barney responded that the way to handle it
would be that if the Board chose to grant the use variance to
make the variance conditional upon the transfer of the property
to the new owner. Attorney Barney felt it was not unusual for
there to be an application for a use variance before a transfer
occurred. Attorney Barney was more concerned about proving a
hardship with respect to this matter.
Chairman Aron discussed this problem with Mr. Gardner asking
why he felt that Belcor was suffering a hardship if it did not
sell this property. Mr. Gardner responded that without any
economic use of this facility it would present a liability. Mrs.
Stuliglowa added that they were not making any money on it now
but that they did have one person who was storing a small amount
of furniture and is paying $50.00 a month but this was not
sufficient to offset the costs of keeping the barn. She added
that when she bought the entire parcel the barn was included in
the package but they had not been able to put it to any good use
7
as yet and it would cost money to tear it down.
Chairman Aron asked if they were planning on going to the
Planning Board for subdivision approval and Mrs. Stuliglowa
responded that was correct.
Attorney Barney inquired what was stopping Belcor from
making the improvements to the barn and then leasing space and
Mrs. Stuliglowa responded that Belcor did not have the efficiency
to manage the structure but that someone like Mr. Hubbell who
understands the structure and would be there at various times
would be better equipped to take care of the building. Attorney
Barney asked what the economic hardship of this reasoning was and
Mrs. Stuliglowa responded that the barn needed improvements and
the money spent on the improvements would not be realized through
the money received on renting the space. Attorney Barney asked
what would make it a paying proposition and asked why the
premises was not leased to Mr. Hubbell for a lower rent on the
condition that he make the repairs. Mr. Gardner responded that
the barn was so large he did not think that anyone would ever
want to lease it and he thought the only economic use of the barn
would be a very low starting cost entrepreneurial venture for
someone who is in the business of old structures and could invest
his own work into it and make it worth its own use as storage.
He continued that a person desirous of.renting space for storage
could rent many other spaces in much better condition and without
having to spend money to renovate the structure.
A motion was made by ,Tack Hewett ;as to'`° the "four=story barn:
as follows:
WHEREAS, this Board, having taken into consideration the
report of the structural engineer, George Woikow, regarding
the four-story barn, finds the following:
(a) The premises are reasonably adapted to the proposed
use, and that such use, except as to public and educational
buildings, will fill a neighborhood or community need.
(b) The proposed use and the location and design of any
structure shall be consistent with the character of the
district in which it is located.
(c) The proposed use shall not be detrimental to the
general amenity or neighborhood character in amounts
sufficient to devaluate neighboring property or seriously
inconvenience neighboring inhabitants.
(d) The ;Proposed access and. egress for all
a uses shall be safely designed.,
(e) The general effect of the proposed
structures and
use upon the
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community as a whole, including
upon public streets and load upon
19 is not detrimental to the health,
of the community.
(f) The cost of maintaining
exceeds the minimal return
NOW THEREFORE,
such items as traffic load
water and sewerage systems
safety and general welfare
the four-story barn far
of income on same,
SUB`JEC'Tto the use variance being conditional upon
"subdivision approval being granted by the Planning Board:, it
is
RESOLVED, that this Board grant a use variance
transferrable to the new owner. of the four-story barn
11
located on Sheffield Road; and it is further
RESOLVED, that this Board grant a variance reducing the
required sideyard requirements on the south side of the
premises;to 12.6 feet.
Edward Austen seconded the motion.
The voting was as follows.
Aye - Austen, Hewett, Aron
Nay - None
The motion was carried.
The second item on the agenda was as follows.
ADJOURNED APPEAL ( from May 13, 1987), of Wayne C. Bortz,
Appellant, Attorney Edward A. Mazza, Agent, from the
decision of the Building Inspector/ Zoning Enforcement
Officer denying a Certificate of Compliance and permission
to occupy a two-family dwelling at 1513 Slaterville Road,
Town of Ithaca Tax Parcel No. 6-58-1 -32.1, Residence
District R-15, by two families or up to six (6) unrelated
persons. Permission to occupy said two-family dwelling by
up to six (6) unrelated persons is denied under Article IV,
Section. 11, Paragraph 2, Sub -paragraph 2a(3), of the Town of
Ithaca Zoning Ordinance, whereby a two-family dwelling may
be occupied by no more than three unrelated persons. A
Certificate of Compliance is denied under Article XIV,
Sections 75 and 76, because the second dwelling unit was
created without a permit to build.
Chairman Aron poi,Ited out that this was an adjourned hearing
and the matter had been discussed thoroughly at the previous
hearing. He continued that it was adjourned to give Attorney
Barney and Zoning Enforcement Officer Andrew Frost a chance to
review the matter to determine if there was a violation in this
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Printer Friendly Report
Property Description Report
Owner
STUDENT AGENCIES PROP INC
409 COLLEGE AVE
ITHACA NY 14850
STUDENT AGENCIES PROP INC
Last Sale:
Sale Date: N/A
Sale Price: N/A
Valid: N/A Arms Length: N/A
Deed Book: 642 Deed Page: 886
Prior Owner:
N/A
Structure -
Building Style:
0 - Unknown
Number of Baths:
0
Number of Bedrooms
0
Number of Kitchens
0
Number of Fireplaces
0
Overall Condition
Unknown
Overall Grade
Unknown
Porch Type
Unknown
Porch Area
0.00 sqft
Year Built
$52,900.00
Basement Type
Unknown
Basement Garage Cap.
0
Attached Garage Cap.
0
Area -
Living Area:
0.00 sqft
First Story Area:
0.00 sqft
Second Story Area:
0.00 sqft
Half Story Area:
0.00 sqft
Ithaca (Town)
Status: Active
Roll Section: Taxable
Swis: 503089
Tax Map# 27.-1-24.32
Location: SHEFFIELD
RD
Zoning Code:
Site: 1
Neighborhood:
30020
Property Class:
Res Vac w/Improvements
Land Type:
Primary
Size:
0 x 0
Land Assessment:
$19,900.00
Total Assessment:
$52,900.00
Total Acreage:
2.95
School District:
Ithaca
Utilities -
Sewer Type
Comm/Public
Water Supply
Comm/Public
Utilities
Electric
Heat Type
Unknown
Fuel Type
Unknown
Central Air
Improvements -
Structure:
1 STY POULTRY HOUSE
Grade:
Average
Condition:
Normal
Size:
40 x 240
Year:
1950
Tax Information -
Taxes may not reflect exemptions or changes in
assessment!
Page 1 of 2
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1482 Mecklenburg Road, 4/13/07
East side of the property. 2004 Variance conditioned upon fence or landscaping
on the east side of the property, 150 feet long (75ft N and 75ft S from truck entrance).
View from property to Mecklenburg Road. Storage building on right (not in photo),
private residence on left (1478 Mecklenburg Road).
5/15/07 Inspection of 1482 Mecklenburg Road.
Applicant constructed fence per ZBA 2004-006 condition #2 requirement