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HomeMy WebLinkAboutZBA History Combined (31) Zoning Board of Appeals History as of 43.-1-2.2 College Circle Tax Parcels involved, with address if known College Circle 43.-1-2.2 with no subdivision or readdressing. History: 2011 – Modification of Area Variance for setbacks - Approved 2010 – Use and Area Variance for parking lot - Approved 2003 – Area Variance for side setbacks for parking lot – Approved 2003- Sign Variance – Approved 2002 – Modification of Special Approval to increase occupancy – Approved 1990 – Special Approval to increase occupancy - Approved i TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MARCH 21 , 2011 215 North Tioga Street, Ithaca 7 : 00 P. M . Adjourned Appeal of Jonathan Russell-Anelli and Katherine McComas , owners/applicants , requesting variances from the requirements of Chapter 270 , Section 270-208 B "Dwellings on Nonconforming Lots" and Section 270-47 "Building Area" of the Town of Ithaca Code to be permitted to maintain an existing deck that exceeds the allowable percentage of lot coverage and to construct a wrap around deck that encroaches into the required side yard and rear yard setbacks and further increases the exceeded lot coverage , located at 1134 East Shore Dr, Tax Parcel No, 19.-2-2 , Lakefront Residential . Appeal of Jeffrey Hall , owner, requesting a modification of ZB Resolution No. 2004-041 , granted August 16, 2004 by the Zoning Board of Appeals, for relief from the conditions set forth in said resolution . The variance permitted the subdivision of a parcel into four lots with two lots having not less than 30 feet of road frontage and a 30 foot width at the required setback line located at 922-928 Coddington Rd , Tax Parcel Numbers 47. - 1 -4.2, 47. - 1 -4. 3 , 47. - 1 -4.4, and 47. - 1 -4. 5 , Low Density Residential . Appeal of Ithaca College , owner, Herman Sieverding , Agent, requesting modification of ZB Resolution No . 2010-021 , granted July 19, 2010 by the Zoning Board of Appeals . Said variance permitted setback reductions related to parking along the north side of the property, located at 1033 Danby Road , Tax Parcel Numbers 41- 1 -2 .2 and 41- 1 -23, Medium Density Residential . Appeal of College Crossings , LLC , owner, Evan Monkemeyer, Agent, requesting variances from the requirements of Chapter 270, Section 270- 117A(2) (3) "Yard Regulations" of the Town of Ithaca Code to allow insufficient side yard and rear yard setbacks on the north and east side of the property located at 1061 Danby Rd , Tax Parcel No. 43. - 1 -3 .22 , Neighborhood Commercial . Appeal of Cayuga Ridge Health and Residential Community, owner, Kristin E. Gutenberger, Agent, requesting variances from the requirements of Chapter 270, Section 270-66 "Permitted Principal Uses" and Section 270-68G "Permitted Accessory Buildings and Uses" of the Town of Ithaca Code to be permitted to operate a 100- bed Nursing Home and 90-bed Assisted Living Program/Adult Home located at 1229 Trumansburg Rd , Tax Parcel No , 26 . 4-46. 1 , Medium Density Residential . Said request would be extending variances granted by this Board on August 25, 20096 Assistance will be provided for individuals with special needs , upon request . Requests should be made not less than 48 hours prior to the public hearings. Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : March 10 , 2011 Published : March 12 , 2011 i i I I a Zoning Board Minutes March 21 , 2011 Final Appeals to change the condition regarding construction of the driveway so that the driveway may be constructed as indicated on the plans submitted by the applicant to this Board for this appeal for the properties located at 922-928 Coddington Rd, Tax Parcel Nos. 47. - i -4. 2, 470443Y 47. 44. 4, and 47. = 1 -4. 5, Low Density Residential zon, with the following: Findings, That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve, which is that of preserving more mature trees on the property, cannot be achieved by any other means feasible, 29 That there will not be an undesirable change in neighborhood character or to nearby properties given that the road and subdivision has existed for a number of years without any apparent impact to neighboring properties, 3. That the request is not substantial, 4. That there will be no adverse physical or environmental effects and in fact will - result in the preservation of several trees, and 5. That even though the alleged difficulty is self-created, nevertheless the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. Condition, i . That the driveway be constructed substantially as indicated on the plans submitted to the Board for this meeting. A vote on the motion resulted as follows, AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Appeal of Ithaca College, owner, Herman Sleverding, Agent, requesting modification of ZB Resolution No. 2010=021 , granted July 19, 2010 by the Zoning Board of Appeals. Said variance permitted setback reductions related to parking along the north side of the property, located at 1033 Danby Road, Tax Parcel Numbers 43:1 -2.2 and 43:1 -2.3, Medium Density Residential. Herman Sieverding and Rick Couture appeared before the Board and referred them to modified site plan submitted as part of their packet. Mr. Sieverding explained that the College reduced the size of the proposed project from a 280-bed addition to a 136-bed addition. The buildings that required a setback variance are no longer part of the plan. The parking on the north side of the parking still exists and they still need an area variance for that. Mr. Sieverding noted that there is a specific reference in the July 199 2010 variance to the site plan and the site plan has changed; therefore, a modified variance is needed. Page 10 of 19 Zoning Board Minutes March 21 , 2011 Final Chairperson Sigel confirmed that the modification relates to parking. SEAR Attorney Brock explained that the Planning Board was lead agency because it was a Type I action and it requires a coordinated review. PUBLIC HEARING Chairperson Sigel opened the public hearing. at 8:57 p . m . and invited the public to address the Board. There being no one wishing to speak, he closed the public hearing at 8: 57 p .m . Chairperson Sigel moved to grant appeal of IC requesting modification of ZB Resolution No. 2010-021 retaining the same conditions and findings as original variance granted in 2010 , but altering condition to refer to plans submitted for the March 21 , 2011 meeting . Seconded by Mr. Mountin . Vote—CU ZB RESOLUTION 2011=018: Modification of Variance. Ithaca Collecre, 1033 Danby Rd, Tax Parcel Nos. 43.44.2 and 41- 14.3 MOTION made by Kirk Sigel, Seconded by Dave Mountin. Resolved, that this Board grants the appeal of Ithaca College requesting modification of Zoning Board Resolution No. 2010=021 granted July 19, 2010 by the Zoning Board of Appeals. Said variance permitted setback reductions related to parking along the north side of the property, located at 1033 Danby Rd, Tax Parcel No. 43. 4 =2.2 and 43. 44. 3, Medium Density Residential zone, based upon the following: Condition: That the parking spaces be constructed as indicated on the plans submitted by the applicant to this Board for this application. Findings: That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1 . That while the benefit the applicant wishes to achieve may be possible through other means what the applicant has proposed is reasonable and in keeping with their overall plan for the property, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given that the property that this parking area is encroaching on is also owned by the applicant, 30 That in this case the request is not substantial given that the property that this is encroaching on is also owned by the applicant, Page 11 of 19 Zoning Board Minutes March 21 , 2011 Final 4. That the request will not have adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form prepared by the Town of Ithaca Planning Board, and 5. That while the alleged difficulty is self-created, nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. A vote on the motion resulted as follows. AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Appeal of College Crossings, LLC, owner, Evan Monkemeyer, Agent, requesting variances from the requirements of Chapter 270, Section 270=117A(2)(3) "Yard Regulations" of the Town of Ithaca Code to allow insufficient side- yard and rear yard setbacks on the north and east side of the property located at 1061 Danby Rd, Tax Parcel No. 43:1 -3.22, Neighborhood Commercial. Evan Monkemeyer and Larry Fabbroni appeared before the Board. Chairperson Sigel gave an overview of the appeal stating the Mr. Monkemeyer recently received subdivision approval and now the property line of the parcel follows the Neighborhood Commercial boundary line. He said that what was once a buffer issue is now a setback issue as well . Mr. Fabbroni agreed with Chairperson Sigel's summary. He stated that the setback boundary on the north side is approximately 23.3 feet. Mr. Fabbroni went on to explain that in order to finance the project, the bank wanted a specific piece of property dedicated to the project. The most logical separation line was the zoning boundary line. Chairperson Sigel recapped that the Board previously granted reduced buffers. He did not think that there was anything of substance. Mr. Bates noted. that the applicant provided the Board with an updated survey that shows the setback measurements. Attorney Brock noted that the previous variance would not be applicable in terms of conditions and findings. SEAR Attorney Brock noted a change to Part I of the EAF. Question 12 was amended to include the language, "and Planning Board Subdivision Approval." Attorney Brock then made noted a change to Part II of the EAF. Question C2 was amended to read, "None Anticipated . Proposed subdivision and setback encroachments do not appear to have any effects . . ." Chairperson Sigel moved to make a negative determination of environmental significance based on the information submitted in the Part I and for reasons stated in Part ,II of the Environmental Assessment form prepared by Town staff. Seconded by Mr. Niefer, Vote—CU Page 12 of 19 i FILE / D AT E ADOPTED RESOLUTION ZB RESOLUTION 2011 =018 Modification of Variance Ithaca College 1033 Danby Rd Tax Parcel Nos. 43.=1 -2.2 and 43.=1 -2.3 March 21 , 2011 MOTION made by Kirk Sigel , Seconded by Dave Mountin . Resolved , that this Board grants the appeal of Ithaca College requesting modification of Zoning Board Resolution No . 2010-021 granted July 19 , 2010 by the Zoning Board of Appeals . Said variance permitted setback reductions related to parking along the north side of the property, located at 1033 Danby Rd , Tax Parcel No. 43. - 1 -2 .2 and 43. - 1 -2 .3, Medium Density Residential zone, based upon the following . Condition . That the parking spaces be constructed as indicated on the plans submitted by the applicant to this Board for this application . Findings. That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically: 1 . That while the benefit the applicant wishes to achieve may be possible through other means what the applicant has proposed is reasonable and in keeping with their overall plan for the property, 29 That there will not be an undesirable change in neighborhood character or to nearby properties given that the property that this parking area is encroaching on is also owned by the applicant, 3 . That in this case the request is not substantial given that the property that this is encroaching on is also owned by the applicant, 49 That the request will not have adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form prepared by the Town of Ithaca Planning Board , and 5 . That while the alleged difficulty is self-created , nevertheless, the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community. ZB RESOLUTION NO, 2011 -018 Page 2 of 2 A vote on the motion resulted as follows. AYES . Sigel , Krantz, Niefer, Mountin and King NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 21st day of March , 2011 . � ; � Deputy To lerk Town of Ithaca 4 TOWN OF ITHACA p � L� DMC 215 N . Tioga Street, ITHACA, N.Y . 14850 FEB 112011 ' TOWN CLERK 273- 1721 PLANNING 273- 1747 CODE ENFORCENT & ZONING 3- 1783 TOWN OF ITHACA PUBLIC WORKS (Engineering, Roads, Parks & Trails, Water & Sewer) 273- 1656 CODE ENFORC c FAX (607) 273- 1704 M 8 ,�7 Zoning Board of Appeals Application Form : Submit this Application ONLY after: ( 1 ) applying for a building/sign permit for which you received a determination /denial from Code Enforcement Staff or (2) referral from the Planning Board based upon a site plan or subdivision review. ZBA Appearance Fee : $100 For Office Use Only For Office U e ?nly Property is located within, or adjacent to: Date Received A, a01 Please heck all that apply: County Ag District Cash or Check No. Area Variance Use Variance `� UvA zoning District Sign Variance CEA Applicable Section(s) of Town Code: Sprinkler Variance Forest Home Historic District Ms-yr/ 4 44.4 �` i �,� rat �, Special Approval State Park/another municipality /h r % ac' ��Od � 2a�y - �,z/ c�r� The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to modify the variance granted by the ZBA in July , 2010 at 1033 Danby Road , Town of Ithaca Tax Parcel No. 43 - 1 - 2 . 3 , 2 . 21 41 - 1 - as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (attach any additional sheets as necessary) : The modification request is a reference to site plans in the original application that shows more parking than is currently necessary given the reduction in the scope of the project from 280 hPds to 1 ,16 ( net ) heds By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to enter my property for any inspection(s) in connection with my application. Print Name Here: Richard Couture Signature of Owner/Appellant: 1 Date: 2 / 10 / 11 Signature of Appellant/Agent: Date: 2 / 10 / 11 Home/Cell Telephone Number: 3 2 7 - 2 3 4 6 Work Telephone Number : 319 - 0618 Email Address hermans @inteprop . com NOTE : A Granted Variance expires 18 months from the date of its filing. Construction work associated with any variance(s) must commence within 18 months of filing. Your attendance at the meeting is strongly advised. Revised 11 /9/2010 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - (to be completed by Applicant) Applicant : Ithaca College Address of Property Requiring the Variance: 1033 Danby Road Tax Map No. . 43 - 1 - 2 . 2 , 43 - 1 - 2 . 3 and 41 - 1 - 30 . 2 TEST: No area variance will be granted without consideration by the Board of the following factors: 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties : Yes Noy Reasons : The proposed change decreases the amount of development on the site that wac prPVinus1 )4 determined not to change or have a negative im= act. 2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance : Yes No _X_ Reasons : This application is a request to modify an already granted variance . The mndificatinn r _ duces the amount of parking nriginally proposed 3 . Whether the requested variance is substantial : Yes No Reasons : This modifi a ion requiest minimizes and eliminates the need for already granted variances 4 . Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? : Yes No g Reasons : The Planning Board as lead agPncv for this review has made a negative dPtPrminaf- ion of environmental significance _ This rerniest dnes not change this determination 5 . Whether the alleged difficulty was self-created : Yes No _X_ Reasons : The recpiested modification is necessar)z because the 7RA resolution granting the nrigi nal vari ancP referg tr) a specific site plan - That plan hag changed such that variances are no 1nnQer needed and the amount of parking has been reduced Revised 11 /9/2010 i ADOPTED RESOLUTION ZB RESOLUTION 2010=021 Area Variance, Parking Lot Setbacks Ithaca College 1033 Danby Rd Tax Parcel No. 43.-1 -2 .2 and 43.=1 -2.3 July 19, 2010 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED , that this Board grants the appeal of Ithaca College requesting a variance from Section 270- 111 ( D) Additional Special Requirements for setback reductions related to parking along the north side of 1033 Danby Road , Tax Parcel Numbers 43 . - 1 - 2 . 2 and 43 . - 1 -2 . 3 , Multiple Residence Zone , with the following : Condition . That the parking spaces be constructed as indicated on the plans submitted by the applicant to this Board . Findings : That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically: 1 . That while the benefit the applicant wishes to achieve may be possible through other means what the applicant has proposed is reasonable and in keeping with their overall plan for the property, 20 That there will not be an undesirable change in neighborhood character or to nearby properties given that the property that this parking area is encroaching on is also owned by the applicant, 3 . That in this case the request is not substantial given that the property that this is encroaching on is also owned by the applicant, 45 That the request will not have adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form prepared by the Town of Ithaca Planning Board , and 5 . That while the alleged difficulty is self-created , nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community. A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz, Niefer ZB RESOLUTION NO. 2010-021 PAGE 2 NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 19th day of July, 2010 . Deputy Town Clerk Town of Ithaca Tompkins County � �? �_ P _ 7 _ . DEPARTMENT OF PLANNING 121E sCcour':t�Str et [F�EB 23 2011 Ithaca aNj W.4 ork 14850 Edward C. Marx, AICP TOWN C% r Commissioner of Planning: fie '607 274-5560 and Community Sustainability Fax (607) 274-5578 February 22 , 2011 Mr. Bruce Bates, Director of Code Enforcement Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review Pursuant to §239 -1 , -m and -n of the New York State General Municipal Law Action : Area Variance for parking at Ithaca College' s Circle Apartments, 1033 Danby Road, Town of Ithaca Tax Parcel Nos. 41 .4 -30.2. 43 .-1-2 .3, and 41-1 -2 .2, Ithaca College, Owner/Applicant ; Herman Sieverding, Agent. Dear Mr. Bates : This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 -1 , -m and —n 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. Sincerely, C /> Edward C . Marx, AICP Commissioner of Planning and Community Sustainability Inclusion through Diversity i FEB 112011 `__�_ INTEGRATED ~- ACQUISITION & DEVELOPMENT Town of Ithaca February 10, 2011 Board of Zoning Appeals 215 N Tioga Street Ithaca, NY 14850 Re : Circle Apartments Dear Zoning Board : During your July, 2010 meeting you granted our request for various area variances for a 280 bed expansion of the Circle Apartments at 1033 Danby Road . Since that time the College has reconsidered the expansion plans for the Circle Apartments . The College has decided to only add 136 (net) beds to the property. Attached is the original site plan for the project which was the basis for granting area variances in July, 2010 (See Sheet C002 dated 4/30/ 10) and the revised site plan which will result in the addition of 136 new beds (See Sheet C002 dated 12/23/ 10) . The revised site plan was approved by the Town Planning Board on January 18 , 2011 . The Planning Board conditioned its approval on the Zoning Board granting any necessary variance modifications . The Town Attorney and Building and Zoning Director have determined that since the ZBA resolution granting the requested area variances in July, 2010 makes specific reference to certain site plans and that these site plans have since changed a modification of the granted variance is necessary. This application requests the Zoning Board to modify its original approval by approving the attached site plan which eliminates all the buildings that required area variances and reduces the amount of parking to be built north of the Circle Apartments. The amount of parking has been reduced since the number of new beds to be constructed has been reduced . Thank you for your consideration . Sinc ely, H an Sieverding Agent, Ithaca College cc . Richard Couture, Ithaca College Partners, IAD, Inc. THORNWOOD CORPORATE CENTER 15 Thornwood Drive P.O. Box 4860 Ithaca, New York 14852-4860 Phone: (607) 257-5050 Fax: (607) 257-9981 I l 13 FILE . DATE PB RESOLUTION No. 2011 -007: Final Site Plan Approval / Circle Apartments Expansion 1033 Danby Road Tax Parcel No. ' s 43=1 -2.2, 43= 1 -2. 3 and 41 =1 -30.2 Town of Ithaca Planning Board, January 18, 2011 Moved by John Beach ; Seconded by Ellen Baer WHEREAS . 1 . This action is consideration of Final Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road ( NYS Route 96B) , Town of Ithaca Tax Parcel No . 's 43- 1 -2 . 2 , 43- 1 -2 . 3 and 41 - 1 -30 . 2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 42 apartments in 5 new buildings containing 168 beds (net increase of 136 beds) and the construction of an approximately 2 , 500 square foot expansion to the Community Building . The project will also include an expansion of two existing storm water detention basins, new walkways , drives and parking spaces, construction of a 720 +/- square foot storage building , and landscape improvements. Ithaca College, Owner/Applicant; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 2 . This is a Type I Action for which the Town of Ithaca Planning Board , acting as lead agency in a coordinated environmental review, has , on June 15 , 2010 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I , submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board , on June 15 , 2010, did grant preliminary site plan approval , with conditions , for the proposed Circle Apartments Expansion project, and 4 . The Zoning Board of Appeals, on July 19 , 20109 did grant variances for the proposed Circle Apartments Expansion project, and 5 . The Planning Board , at a Public Hearing held on January 18 , 2011 , has reviewed and accepted as adequate, a bound packet containing plans, details, and other information titled "Circle Apartments Expansion — Ithaca College — Integrated Acquisition & Development — Town of Ithaca, Tompkins County, New York" , dated December 23, 2010 , prepared by T . G . Miller P . C . and QPK Design ; other plans titled "Circle Apartments Expansion — Storage Building" , dated 12- 08-2010, prepared by QPK Design and " Rare Plant Location Map" ( Figure 1 ) , dated 4/15/10, prepared by T. G . Miller P . C . ; and other application material ; NOW THEREFORE BE IT RESOLVED: 1 . That the Town of Ithaca Planning Board hereby grants Final Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road , which includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 42 apartments in 5 new buildings containing 168 beds (net increase of 136 beds) and the construction of an approximately 2 , 500 square foot expansion to the Community Building . The project will also include an expansion of two existing storm water detention basins , new walkways , drives and parking spaces, construction of a 720 +/- square foot storage building , and landscape improvements, as shown in a bound packet containing plans , details , and other information titled "Circle Apartments Expansion — Ithaca College — Integrated Acquisition & Development — . ti Town of Ithaca , Tompkins County, New York" , dated December 23, 2010 , prepared by T. G . Miller P . C . and QPK Design ; other plans titled "Circle Apartments Expansion — Storage Building" , dated 12-08-2010 , prepared by QPK Design and "Rare Plant Location Map" ( Figure 1 ) , dated 4/15/10 , prepared by T. G . Miller P . C . ; and other application material , subject to the following conditions: a . that the SWPPP be reviewed and approved by the Town of Ithaca Public Works Department prior to the issuance of any demolition or building permits , and b . all buildings being demolished will require individual demolition permits from the Town of Ithaca Building Department, and c . submission of a truck hauling plan for all non-demolition material being removed from the site , to be reviewed and approved by the Town of Ithaca Public Works Department, prior to issuance of any building permits, and d . submission of one original set of final site plan drawings on mylar, vellum or paper, signed and sealed by the registered land surveyor, engineer, architect or landscape architect who prepared the site plan materials , prior to issuance of any building permits, and e . submission of designs and other details of any NYS Department of Transportation ( NYSDOT) required and approved improvements along Danby Road ( NYS Route 96B) , to the Town of Ithaca Planning Department prior to issuance of any building permits, and submission of evidence of NYSDOT approval of the required completed improvements, prior to issuance of any certificate of occupancy, and f. submission of cut sheets or other details showing the exterior wall mounted light fixtures proposed for the storage building , for review and approval of the Director of Planning , prior to issuance of a building permit for the storage building , and g . submission of revised utility plans and any other additional details showing the installation of a sprinkler system in the storage building , or granting of the necessary variance from the Zoning Board of Appeals, prior to issuance of a building permit for the storage building , and h . submission of record of application for and proof of receipt of all necessary permits from any county, state , and/or federal agencies, prior to issuance of any certificate of occupancy, and i . submission and execution of an updated , or inclusion in the Ithaca College campus wide , stormwater "Operation , Maintenance , and Reporting Agreement' between the property owner and the Town of Ithaca , satisfactory to the Attorney for the Town and the Town 's Public Works Department , prior to issuance of any certificate of occupancy, and j . submission of documentation showing that the protections and enhancements outlined in the applicant's cover letter (dated December 22 , 2010) regarding Condition g . , from the preliminary site plan resolution and the " Environmental Assessment of Undeveloped Lands within the College Circle Property ' document for the area of rare and scarce plants on the in he north edge of the property have been completed (including at a minimum , repairing t 9 P p Y P protective fence around the area and removing or thinning the non- native Scot's Pine) , and outlining procedures for future inspection and maintenance of the fence and the protected area , prior to issuance of any certificate of occupancy, and 2 1 i k. submission of the Army Corp of Engineers (ACOE) approved Final Wetland Mitigation Plan , copies of the annual reports including the final annual report, and any other contingency plan (s) (if required by ACOE) as they are completed , to the Town of Ithaca Planning Department, and I . construction activities shall not commence before 7 a . m . and shall cease by 7 p . m . and shall not occur on Sundays, and m . if there is any further expansion proposed at the Circle Apartments property beyond the currently proposed 136 beds (836 beds total on the property) , the project would be subject to NYSDOT review of any traffic impacts and the need for mitigation , prior , to any Planning Board approval , and n . regarding Ithaca College's ownership and supervision of the Circle Apartments as campus housing , including the newly constructed units , that if Ithaca College chooses to sel ! or change its involvement in , management of , and supervision of the Circle Apartments , then the maximum occupancy of the project may remain at 980 persons , provided that the successor owner or operator provides management controls on the occupants similar to those provided by Ithaca College regarding security, on-site full-time resident directors and on-site resident managers , compliance with such provisions to be confirmed by the Planning Board upon review at that time; if such controls are not in place, the occupancy shall be reduced to no more than 836 persons; all without prejudice to the developer to apply for occupancy of up to 980 persons, if it is so advised and if the Town of Ithaca Zoning Board of Appeals permits such increased occupancy, and , o. granting of any necessary variances and/or variance modifications from the Town of Ithaca Zoning Board of Appeals prior to the issuance of any building permits, and p . submission of a revised landscaping plan showing the placement of a low berm along the Layton property line and showing additional plantings along the walkway near the Layton property, satisfactory to the Town of Ithaca Public Works Department and Director of Planning , prior to the issuance of any building permits, and q . submission of easements for the water main to be dedicated to the Town satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department prior to the issuance of any Certificate of Occupancy, and r. submission of a revised easement for the sewer infrastructure satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department prior to the issuance of any Certificate of Occupancy. Vote: Ayes — Erb , Collins, Bosak, Baer, Beach and Slottje Absent: Wilcox and Conneman 3 � i STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA . I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of tt e same adopted by the Town of Ithaca Planning Board at a regular meeting on the /(4�- day of / , c. 92011 . first Deputy To C erk 4 i e PB RESOLUTION No. 2010=047 : SEAR Circle Apartments Expansion 1033 Danby Road Tax Parcel No. 's 43=1 -2.2, 43=1 -2.3 and 41 =1 -30.2 Town of Ithaca Planning Board , June 15, 2010 Moved by Rod Howe ; seconded by John Beach WHEREAS : 1 . This action is consideration of Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B) , Town of Ithaca Tax Parcel No. 's 43- 1 -2.2 , 43- 1 -2 . 3 and 41 - 1 -30.2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings (net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces . The project will also include an expansion of two existing storm water detention basins , new walkways and drives, and landscape improvements. College Circle Associates , LLC and Ithaca College, Owners/Applicants ; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 2. This is a Type I Action for which the Town of Ithaca Planning Board has indicated its intent to act as Lead Agency in a coordinated environmental review, and 3. The Planning Board , on June 1 , 2010 and June 15 , 2010, has reviewed the following documents and on June 15 , 2010 has accepted these documents as adequate : a Full Environmental Assessment Form Part I , submitted by the applicant, and Part II prepared by Town Planning staff, two bound packets containing plans, details and other information titled "Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30, 2010, prepared by Integrated Acquisition & Development Corp. , Ithaca College , T. G . Miller P. C. , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" (Sheet C403) , "Overall Site Plan" (Sheet L- 101 ) , "Planting Plan — Area 2" (Sheet L- 103) , "Planting Plan — Area 3" (Sheet L- 104) , dated 04/30/10 and revised 06/07/10, prepared by T. G . Miller P. C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " (Sheet SS-A) , "Townhouse Building and Slope Section 13- 131 " (Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan" (Sheet SS-C) , dated 06/08/10, prepared by QPK Design ; other application material , and comments submitted by involved agencies , and 4. The Town Planning staff has recommended a negative determination of environmental significance; NOW THEREFORE BE IT RESOLVED. That the Town of Ithaca Planning Board , having received no objections from other Involved Agencies , hereby establishes itself as Lead Agency to coordinate the environmental review of the above described actions ; AND BE IT FURTHER RESOLVED : That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed , based on the information in the EAF Part I and for the reasons set forth in the EAF Part II , and , therefore , a Draft Environmental Impact Statement will not be required . A vote on the motion was as follows : AYES : Wilcox, Conneman , Beach , Bosak, Talty, Howe , Erb NAYS: None The motion was declared to be unanimous . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of the same adopted by the Town of Ithaca Planning Board at a regular meeting on the day of , 2010. First Deputy Town Clerk PB RESOLUTION No. 2010=048 . Preliminary Site Plan Approval Circle Apartments Expansion 1033 Danby Road Tax Parcel No.'s 43=1 -2.2 , 43=1 -2.3 and 41 =1 -30.2 Town of Ithaca Planning Board , June 15, 2010 Moved by Kevin Talty; Seconded by George Conneman WHEREAS . 1 . This action is consideration of Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B) , Town of Ithaca Tax Parcel No. 's 43- 1 -2 .2 , 43- 1 -2. 3 and 41 - 1 -30 . 2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings (net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces . The project will also include an expansion of two existing storm water detention basins , new walkways and drives , and landscape improvements . College Circle Associates, LLC and Ithaca College . Owners/Applicants; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 20 This is a Type I Action for which the Town of Ithaca Planning Board , acting as lead agency in a coordinated environmental review, has , on June 15 , 2010 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I , submitted by the applicant, and a Part II prepared by Town Planning staff, and 3 . The Planning Board , at a Public Hearing held on June 15 , 2010 , has reviewed and accepted as adequate , two bound packets containing plans , details and other information titled "Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30 , 2010, prepared by Integrated Acquisition & Development Corp . , Ithaca College , T. G . Miller P . C . , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" (Sheet C403) , "Overall Site Plan" (Sheet L- 101 ) , "Planting Plan — Area 2" ( Sheet L- 103) , "Planting Plan — Area 3" (Sheet L- 104) , dated 04/30/10 and revised 06/07/10, prepared by T. G . Miller P . C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " (Sheet SS-A) , "Townhouse Building and Slope Section B- B1 " (Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan " (Sheet SS-C) , dated 06/08/10, prepared by QPK Design ; other application material , and comments submitted by involved agencies , NOW THEREFORE BE IT RESOLVED . 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Site Plan Approval , as shown on the Preliminary Site Plan Checklists , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board , and 2 . That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road , Town of Ithaca Tax Parcel No . ' s 43- 1 -2 .2 , 43- 1 -2 . 3 and 41 - 1 -30.2 , which includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings (net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces. The project will also include an expansion of two existing storm water detention basins , new walkways and drives , and landscape improvements , as shown in the two bound packets containing plans , details and other information titled "Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30 , 2010 , prepared by Integrated Acquisition & Development Corp . , Ithaca College , T. G . Miller P . C. , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" (Sheet C403) , "Overall Site Plan" (Sheet L- 101 ) , "Planting Plan — Area 2" ( Sheet L- 103) , "Planting Plan — Area 3" (Sheet L- 104) , dated 04/30/10 and revised 06/07/10, prepared by T. G . Miller P . C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " (Sheet SS- A) , "Townhouse Building and Slope Section B- 131 " (Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan " ( Sheet SS-C) , dated 06/08/10, prepared by QPK Design ; and other application material , subject to the following conditions to be incorporated prior to Final Site Plan Approval , unless otherwise indicated : a. granting of the necessary variances from the Town of Ithaca Zoning Board of Appeals , prior to Final Site Plan Approval , and be submission of record of application for and proof of receipt of all necessary permits from any county, state , and/or federal agencies, prior to issuance of any certificate of occupancy, and c . submission and execution of an updated stormwater "Operation , Maintenance, and Reporting Agreement' between the property owner and the Town of Ithaca , satisfactory to the Attorney for the Town and the Town's Public Works Department, prior to issuance of any certificate of occupancy, and d , all buildings being demolished will require individual demolition permits from the Town of Ithaca Building Department , and e , submission of revised plans to include locations of additional bike racks, along with necessary details of the bike racks, and to show the proposed asphalt walk on the southern edge of the property with a minimum width of 8 feet, prior to Final Site Plan Approval , and f. submission of the results of the jurisdictional interpretation , or other information , regarding the proposed wetland disturbance on the northeast side of the property, including any necessary modifications and/or appropriate mitigation plans , prior to Final Site Plan Approval , and g . submission of materials outlining how the area of rare and scarce plants on the north edge of the property will be protected and enhanced , including at a minimum repairing and plans for future maintenance of the existing fence and thinning of some of the trees , or other methods , prior to Final Site Plan Approval , and he submission of a truck hauling plan for all non-demolition material being removed from the site , to be reviewed and approved by the Town of Ithaca Public Works Department, prior to issuance of any building permits, and 2 i i r i . submission of revised stormwater management plans to incorporate any modifications required by the Town of Ithaca Public Works Department, prior to Final Site Plan Approval , and j , that the SWPPP be reviewed and approved by the Town of Ithaca Public Works Department prior to the issuance of any demolition or building permit, and k, determination by NYSDOT as to whether any additional intersection improvements at the Circle Apartments entrance will be required , and if so, incorporation of any such improvements into the Final Site Plan submission , and I . submission of an easement agreement between Ithaca College and College Circle Associates , LLC to allow the parking areas being constructed on Ithaca College property to be used by the residents of Circle Apartments, for review and approval of the Attorney for the Town , prior to issuance of any building permits , and m . submission of a revised planting plan for Area 5 (Sheet L- 106) showing shrubs and several varieties of trees to be planted near the Layton property line , and showing additional plantings to screen the west and southwest sides of the parking lot located on the north of the entrance road , prior to Final Site Plan Approval , and n . submission of an Agreement satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, pursuant to which Ithaca College grants appropriate revised or additional drainage easements over properties owned by Ithaca College that are necessary for the construction and maintenance of the drainage facilities for the project, prior to issuance of any building permits, and o . construction activities shall not commence before 7 a. m . and shall cease by 7 p . m . and shall not occur on Sundays . AND BE IT FURTHER RESOLVED : That the Town of Ithaca Planning Board hereby authorizes , according to Section 270-227 (A) (4) of the Town Code , the standard 180 square foot parking space to be reduced to no less than 170 square feet, finding that the applicant has demonstrated good cause for the reduction and that the current situation using 170 square foot spaces has worked for the remainder of the property. AND BE IT FURTHER RESOLVED , 1 . That the Town of Ithaca Planning Board hereby approves the requested increase in total occupancy of the 212 apartment units in the Circle Apartments development from the previously approved 750 persons to a total not to exceed 1 , 030 persons , subject to the following conditions , and recommends that the Town of Ithaca Zoning Board of Appeals act favorably on the same request for increase in occupancy: a, obtaining approval for the same increase in occupancy from the Town of Ithaca Zoning Board of Appeals (as a modification of the ZBA's condition in the variance which was granted in 1990 and modified in 2002) , prior to Final Site Plan Approval , and b . submission of evidence of a revised signed long-term agreement between Ithaca College and College Circle Associates , LLC committing to Ithaca College's leasing , management, and supervision of the Circle Apartments as campus housing , including the newly constructed units , with the contingency that if Ithaca College chooses to 3 terminate or change its agreement with College Circle Associates , LLC (or a successor owner) relative to its involvement in , management of, and supervision of the Circle . Apartments, then the maximum occupancy of the project may remain at 1030 persons , provided that College Circle Associates , LLC (or a successor owner) provides management controls on the occupants similar to those provided by Ithaca College regarding security, on-site full-time resident directors and on-site resident managers , compliance with such provisions to be confirmed by the Planning Board upon review at that time ; if such controls are not in place , the occupancy shall be reduced to no more than 880 persons ; all without prejudice to the developer to apply for occupancy of up to 1 , 030 persons , if it is so advised and if the Town of Ithaca Zoning Board of Appeals permits such increased occupancy. A vote on the motion was as follows : AYES : Wilcox, Conneman , Beach , Bosak, Talty, Howe , Erb NAYS : None The motion was declared to be unanimous . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of the same adopted by the Town of Ithaca Planning Board at a regular meeting on the day of 92010, First Deputy Town Clerk 4 Town of Ithaca Tracking Form Voluntary Participation in County Development Coordination Program (To be completed by local agency taking final action) Send or deliver to: Project Identification: 2 Tompkins County Commissioner of Planning Tax Map. No. � Old Courthouse Building 121 East Court Street Name of applicant: Ithaca, NY 14850 - �� C� o 4(ae From: Town of Ithaca Nam of ProjLti (if any): 1110(('h A ) , aA Zoning. Board of Appeals Location or street addres of action: Mailing Address: 215 North Tioga Street o3 y7 W Contact Person: Bruce Bates Local ID number (if any): Phone: 273- 1747 Type of Action. (Check all that apply) Referral: As requested under the County Development Variance of dimension regulations (lot area, building height, yard depth, number of parking Coordination Program this referral for review and spaces, etc.) comment is submitted because of the scale and expected impact of the action as follows: (check appropriate Variance of use regulations items) Action includes creation of 5 or more building Other variance (sign regs. , official map, access to lots or dwelling units, as follows: public road, etc.) Number of building lots: Special permit, special approval, special exception, etc. Number of dwelling units: Amendment to zoning _ text, _ map Action is expected to generate 20 or more Adoption of new zoning or other development vehicle trips per day, as follows: regulation / Estimated trips per day, if known: Explanation J Action is subject to mandatory review under GML 239-1, -m & -nn as the project is within 500 feet of a state or county highway or other facility or within 500 feet of a municipal boundary. If none of the items above are checked it is not necessary to refer the proposed action to the County Planning Commissioner. Checklist of material submitted herein: Features of site map (if submitted): Full text of any zoning or other development Location map showing general location of subject regulation being considered for adoption or site (inset on site map). amendment to existing text. ( Please indicate whether the text is a final draft or a preliminary Physical characteristics of site, existing and draft to which further changes are expected.) proposed (topography, soil types, surface water / features, major vegetation features, etc.) Copy of completed application or appeal forms and all supporting documents required by the Layout plan showing buildings, parking facilities, municipality. public utilities, etc. Maps showing the location of the proposed action Surface and subsurface drainage plan, and the layout of the proposed site development, incorporated with layout plan. as applicable. Land use of subject property and surrounding Copy of any report or recommendation on the properties. action made by a municipal board or consultant. Classification of subject and surrounding Copy of any environmental assessment or properties as to zoning district, flood hazard area, environmental impact statement required under wetland, historic district, agricultural district, etc. SEQRA. Location of any county, state, or other Source of estimates of traffic generation potential municipality facilities, and any municipal of proposed action. boundaries, if applicable. Correspondence from other municipalities Other: regarding the intermunicipal impact of the proposed action. A statement of any local issues surrounding the proposed action. Any other documents which would be helpful to the County Planning Commissioner, in carrying out this coordination responsibility.. Abbad , Ayman I Alario, Peter Ardizzone, Leonisa ET AL 993 Danby Rd 1028 Danby Rd 7A 407 W Seneca St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Beers, Rodney & Lee, Joseph Bowman , Martin L Bryant, Matthew & Elzer, Kirsten 313 Vista Ln 1010 Danby Rd 1C Vista Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Clarey, N & Jancaitis , Holland Cleveland , Gary Cleveland , Travis & Kathy 3D Vista Ln PMB522 PO Box 2428 721 Hudson St Ithaca, NY 14850 Pensacola, FL 32513 Ithaca, NY 14850 Cordano, Mark & Jill Dennis , Nathan Dorvee, Jason 1 B Vista Ln 1019 Danby Rd 1032 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Farley, Robert L Gotz, Stephen & Danalisa Heffernan , Joan A 1845 Richmond Ave 3C Vista Ln 3A Vista Ln Bethlehem , PA 18018 Ithaca, NY 14850 Ithaca, NY 14850 Hudler, Jennifer Ithaca College Ithacare Ctr Svc Co Inc 1022 Danby Rd , 7D 953 Danby Rd , Job Hall 1 Bella Vista Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Kelly, Althea W/LU Kelly, J Michael & Nancy Larsen , William & Anna 379 Hargrave St 379 Hargrave St 1005 Danby Rd Inglewood , CA 90302 Inglewood, CA 90302 Ithaca, NY 14850 Layton , Pauline M & Bruce Mazza, Edward Mazza, Edward 1029 Danby Rd 307 N Tioga St 307 N Tioga St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Mazza, Edward Mazza, Edward Mazza, Edward 307 N Tioga St 307 N Tioga St 307 N Tioga St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Mazza, Edward Mazza, Edward Mazza, Edward 307 N Tioga St 307 N Tioga St 307 N Tioga St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 ' I I i Mazza, Edward Mazza, Edward Mazza, Edward 307 N Tioga St 307 N Tioga St 307 N Tioga St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Mazza, Edward Mazza, Edward Mazza, Edward A 307 N Tioga St 307 N Tioga St 307 N Tioga St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 McCollum , J & Thomas , Laura Monkemeyer, Evan N Nelson , Jack 1046 Danby Rd 123 King Rd E 319 Van Kirk Rd Ithaca, NY 14850 Ithaca, NY 14850 Newfield , NY 14867 Parente, Christy Parker, Gina Richards, David L 1013 Danby Rd PO Box 4524 1058 Danby Rd Ithaca, NY 14850 Ithaca, NY 14852 Ithaca, NY 14850 Roemer, Robert & Mary &Abigail Schettini , Donald Tompkins County IDA 1 D Vista Ln 115 W 73rd St, Apt 2d PO Box 4860 Ithaca, NY 14850 New York, NY 10023 Ithaca, NY 14852 Vahon , Travis & Crocker, Ellen Zheng, Shai Jun & Li , Xiong 1026 Danby Rd 7B 1021 Danby Rd Ithaca, NY 14850 Ithaca, NY 14850 i TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MARCH 21 , 2011 215 North Tioga Street, Ithaca 7 : 00 P. M . Adjourned Appeal of Jonathan Russell-Anelli and Katherine McComas , owners/applicants , requesting variances from the requirements of Chapter 270 , Section 270-208 B "Dwellings on Nonconforming Lots" and Section 270-47 "Building Area" of the Town of Ithaca Code to be permitted to maintain an existing deck that exceeds the allowable percentage of lot coverage and to construct a wrap around deck that encroaches into the required side yard and rear yard setbacks and further increases the exceeded lot coverage , located at 1134 East Shore Dr, Tax Parcel No, 19.-2-2 , Lakefront Residential . Appeal of Jeffrey Hall , owner, requesting a modification of ZB Resolution No. 2004-041 , granted August 16, 2004 by the Zoning Board of Appeals, for relief from the conditions set forth in said resolution . The variance permitted the subdivision of a parcel into four lots with two lots having not less than 30 feet of road frontage and a 30 foot width at the required setback line located at 922-928 Coddington Rd , Tax Parcel Numbers 47. - 1 -4.2, 47. - 1 -4. 3 , 47. - 1 -4.4, and 47. - 1 -4. 5 , Low Density Residential . Appeal of Ithaca College , owner, Herman Sieverding , Agent, requesting modification of ZB Resolution No . 2010-021 , granted July 19, 2010 by the Zoning Board of Appeals . Said variance permitted setback reductions related to parking along the north side of the property, located at 1033 Danby Road , Tax Parcel Numbers 41- 1 -2 .2 and 41- 1 -23, Medium Density Residential . Appeal of College Crossings , LLC , owner, Evan Monkemeyer, Agent, requesting variances from the requirements of Chapter 270, Section 270- 117A(2) (3) "Yard Regulations" of the Town of Ithaca Code to allow insufficient side yard and rear yard setbacks on the north and east side of the property located at 1061 Danby Rd , Tax Parcel No. 43. - 1 -3 .22 , Neighborhood Commercial . Appeal of Cayuga Ridge Health and Residential Community, owner, Kristin E. Gutenberger, Agent, requesting variances from the requirements of Chapter 270, Section 270-66 "Permitted Principal Uses" and Section 270-68G "Permitted Accessory Buildings and Uses" of the Town of Ithaca Code to be permitted to operate a 100- bed Nursing Home and 90-bed Assisted Living Program/Adult Home located at 1229 Trumansburg Rd , Tax Parcel No , 26 . 4-46. 1 , Medium Density Residential . Said request would be extending variances granted by this Board on August 25, 20096 Assistance will be provided for individuals with special needs , upon request . Requests should be made not less than 48 hours prior to the public hearings. Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : March 10 , 2011 Published : March 12 , 2011 i i I I a Zoning Board Minutes March 21 , 2011 Final Appeals to change the condition regarding construction of the driveway so that the driveway may be constructed as indicated on the plans submitted by the applicant to this Board for this appeal for the properties located at 922-928 Coddington Rd, Tax Parcel Nos. 47. - i -4. 2, 470443Y 47. 44. 4, and 47. = 1 -4. 5, Low Density Residential zon, with the following: Findings, That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve, which is that of preserving more mature trees on the property, cannot be achieved by any other means feasible, 29 That there will not be an undesirable change in neighborhood character or to nearby properties given that the road and subdivision has existed for a number of years without any apparent impact to neighboring properties, 3. That the request is not substantial, 4. That there will be no adverse physical or environmental effects and in fact will - result in the preservation of several trees, and 5. That even though the alleged difficulty is self-created, nevertheless the benefit to the applicant does outweigh the detriment to the health, safety, and welfare of the community. Condition, i . That the driveway be constructed substantially as indicated on the plans submitted to the Board for this meeting. A vote on the motion resulted as follows, AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Appeal of Ithaca College, owner, Herman Sleverding, Agent, requesting modification of ZB Resolution No. 2010=021 , granted July 19, 2010 by the Zoning Board of Appeals. Said variance permitted setback reductions related to parking along the north side of the property, located at 1033 Danby Road, Tax Parcel Numbers 43:1 -2.2 and 43:1 -2.3, Medium Density Residential. Herman Sieverding and Rick Couture appeared before the Board and referred them to modified site plan submitted as part of their packet. Mr. Sieverding explained that the College reduced the size of the proposed project from a 280-bed addition to a 136-bed addition. The buildings that required a setback variance are no longer part of the plan. The parking on the north side of the parking still exists and they still need an area variance for that. Mr. Sieverding noted that there is a specific reference in the July 199 2010 variance to the site plan and the site plan has changed; therefore, a modified variance is needed. Page 10 of 19 Zoning Board Minutes March 21 , 2011 Final Chairperson Sigel confirmed that the modification relates to parking. SEAR Attorney Brock explained that the Planning Board was lead agency because it was a Type I action and it requires a coordinated review. PUBLIC HEARING Chairperson Sigel opened the public hearing. at 8:57 p . m . and invited the public to address the Board. There being no one wishing to speak, he closed the public hearing at 8: 57 p .m . Chairperson Sigel moved to grant appeal of IC requesting modification of ZB Resolution No. 2010-021 retaining the same conditions and findings as original variance granted in 2010 , but altering condition to refer to plans submitted for the March 21 , 2011 meeting . Seconded by Mr. Mountin . Vote—CU ZB RESOLUTION 2011=018: Modification of Variance. Ithaca Collecre, 1033 Danby Rd, Tax Parcel Nos. 43.44.2 and 41- 14.3 MOTION made by Kirk Sigel, Seconded by Dave Mountin. Resolved, that this Board grants the appeal of Ithaca College requesting modification of Zoning Board Resolution No. 2010=021 granted July 19, 2010 by the Zoning Board of Appeals. Said variance permitted setback reductions related to parking along the north side of the property, located at 1033 Danby Rd, Tax Parcel No. 43. 4 =2.2 and 43. 44. 3, Medium Density Residential zone, based upon the following: Condition: That the parking spaces be constructed as indicated on the plans submitted by the applicant to this Board for this application. Findings: That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1 . That while the benefit the applicant wishes to achieve may be possible through other means what the applicant has proposed is reasonable and in keeping with their overall plan for the property, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given that the property that this parking area is encroaching on is also owned by the applicant, 30 That in this case the request is not substantial given that the property that this is encroaching on is also owned by the applicant, Page 11 of 19 Zoning Board Minutes March 21 , 2011 Final 4. That the request will not have adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form prepared by the Town of Ithaca Planning Board, and 5. That while the alleged difficulty is self-created, nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. A vote on the motion resulted as follows. AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Appeal of College Crossings, LLC, owner, Evan Monkemeyer, Agent, requesting variances from the requirements of Chapter 270, Section 270=117A(2)(3) "Yard Regulations" of the Town of Ithaca Code to allow insufficient side- yard and rear yard setbacks on the north and east side of the property located at 1061 Danby Rd, Tax Parcel No. 43:1 -3.22, Neighborhood Commercial. Evan Monkemeyer and Larry Fabbroni appeared before the Board. Chairperson Sigel gave an overview of the appeal stating the Mr. Monkemeyer recently received subdivision approval and now the property line of the parcel follows the Neighborhood Commercial boundary line. He said that what was once a buffer issue is now a setback issue as well . Mr. Fabbroni agreed with Chairperson Sigel's summary. He stated that the setback boundary on the north side is approximately 23.3 feet. Mr. Fabbroni went on to explain that in order to finance the project, the bank wanted a specific piece of property dedicated to the project. The most logical separation line was the zoning boundary line. Chairperson Sigel recapped that the Board previously granted reduced buffers. He did not think that there was anything of substance. Mr. Bates noted. that the applicant provided the Board with an updated survey that shows the setback measurements. Attorney Brock noted that the previous variance would not be applicable in terms of conditions and findings. SEAR Attorney Brock noted a change to Part I of the EAF. Question 12 was amended to include the language, "and Planning Board Subdivision Approval." Attorney Brock then made noted a change to Part II of the EAF. Question C2 was amended to read, "None Anticipated . Proposed subdivision and setback encroachments do not appear to have any effects . . ." Chairperson Sigel moved to make a negative determination of environmental significance based on the information submitted in the Part I and for reasons stated in Part ,II of the Environmental Assessment form prepared by Town staff. Seconded by Mr. Niefer, Vote—CU Page 12 of 19 i FILE / D AT E ADOPTED RESOLUTION ZB RESOLUTION 2011 =018 Modification of Variance Ithaca College 1033 Danby Rd Tax Parcel Nos. 43.=1 -2.2 and 43.=1 -2.3 March 21 , 2011 MOTION made by Kirk Sigel , Seconded by Dave Mountin . Resolved , that this Board grants the appeal of Ithaca College requesting modification of Zoning Board Resolution No . 2010-021 granted July 19 , 2010 by the Zoning Board of Appeals . Said variance permitted setback reductions related to parking along the north side of the property, located at 1033 Danby Rd , Tax Parcel No. 43. - 1 -2 .2 and 43. - 1 -2 .3, Medium Density Residential zone, based upon the following . Condition . That the parking spaces be constructed as indicated on the plans submitted by the applicant to this Board for this application . Findings. That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically: 1 . That while the benefit the applicant wishes to achieve may be possible through other means what the applicant has proposed is reasonable and in keeping with their overall plan for the property, 29 That there will not be an undesirable change in neighborhood character or to nearby properties given that the property that this parking area is encroaching on is also owned by the applicant, 3 . That in this case the request is not substantial given that the property that this is encroaching on is also owned by the applicant, 49 That the request will not have adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form prepared by the Town of Ithaca Planning Board , and 5 . That while the alleged difficulty is self-created , nevertheless, the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community. ZB RESOLUTION NO, 2011 -018 Page 2 of 2 A vote on the motion resulted as follows. AYES . Sigel , Krantz, Niefer, Mountin and King NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 21st day of March , 2011 . � ; � Deputy To lerk Town of Ithaca 4 TOWN OF ITHACA p � L� DMC 215 N . Tioga Street, ITHACA, N.Y . 14850 FEB 112011 ' TOWN CLERK 273- 1721 PLANNING 273- 1747 CODE ENFORCENT & ZONING 3- 1783 TOWN OF ITHACA PUBLIC WORKS (Engineering, Roads, Parks & Trails, Water & Sewer) 273- 1656 CODE ENFORC c FAX (607) 273- 1704 M 8 ,�7 Zoning Board of Appeals Application Form : Submit this Application ONLY after: ( 1 ) applying for a building/sign permit for which you received a determination /denial from Code Enforcement Staff or (2) referral from the Planning Board based upon a site plan or subdivision review. ZBA Appearance Fee : $100 For Office Use Only For Office U e ?nly Property is located within, or adjacent to: Date Received A, a01 Please heck all that apply: County Ag District Cash or Check No. Area Variance Use Variance `� UvA zoning District Sign Variance CEA Applicable Section(s) of Town Code: Sprinkler Variance Forest Home Historic District Ms-yr/ 4 44.4 �` i �,� rat �, Special Approval State Park/another municipality /h r % ac' ��Od � 2a�y - �,z/ c�r� The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to modify the variance granted by the ZBA in July , 2010 at 1033 Danby Road , Town of Ithaca Tax Parcel No. 43 - 1 - 2 . 3 , 2 . 21 41 - 1 - as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (attach any additional sheets as necessary) : The modification request is a reference to site plans in the original application that shows more parking than is currently necessary given the reduction in the scope of the project from 280 hPds to 1 ,16 ( net ) heds By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to enter my property for any inspection(s) in connection with my application. Print Name Here: Richard Couture Signature of Owner/Appellant: 1 Date: 2 / 10 / 11 Signature of Appellant/Agent: Date: 2 / 10 / 11 Home/Cell Telephone Number: 3 2 7 - 2 3 4 6 Work Telephone Number : 319 - 0618 Email Address hermans @inteprop . com NOTE : A Granted Variance expires 18 months from the date of its filing. Construction work associated with any variance(s) must commence within 18 months of filing. Your attendance at the meeting is strongly advised. Revised 11 /9/2010 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - (to be completed by Applicant) Applicant : Ithaca College Address of Property Requiring the Variance: 1033 Danby Road Tax Map No. . 43 - 1 - 2 . 2 , 43 - 1 - 2 . 3 and 41 - 1 - 30 . 2 TEST: No area variance will be granted without consideration by the Board of the following factors: 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties : Yes Noy Reasons : The proposed change decreases the amount of development on the site that wac prPVinus1 )4 determined not to change or have a negative im= act. 2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance : Yes No _X_ Reasons : This application is a request to modify an already granted variance . The mndificatinn r _ duces the amount of parking nriginally proposed 3 . Whether the requested variance is substantial : Yes No Reasons : This modifi a ion requiest minimizes and eliminates the need for already granted variances 4 . Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? : Yes No g Reasons : The Planning Board as lead agPncv for this review has made a negative dPtPrminaf- ion of environmental significance _ This rerniest dnes not change this determination 5 . Whether the alleged difficulty was self-created : Yes No _X_ Reasons : The recpiested modification is necessar)z because the 7RA resolution granting the nrigi nal vari ancP referg tr) a specific site plan - That plan hag changed such that variances are no 1nnQer needed and the amount of parking has been reduced Revised 11 /9/2010 i ADOPTED RESOLUTION ZB RESOLUTION 2010=021 Area Variance, Parking Lot Setbacks Ithaca College 1033 Danby Rd Tax Parcel No. 43.-1 -2 .2 and 43.=1 -2.3 July 19, 2010 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED , that this Board grants the appeal of Ithaca College requesting a variance from Section 270- 111 ( D) Additional Special Requirements for setback reductions related to parking along the north side of 1033 Danby Road , Tax Parcel Numbers 43 . - 1 - 2 . 2 and 43 . - 1 -2 . 3 , Multiple Residence Zone , with the following : Condition . That the parking spaces be constructed as indicated on the plans submitted by the applicant to this Board . Findings : That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically: 1 . That while the benefit the applicant wishes to achieve may be possible through other means what the applicant has proposed is reasonable and in keeping with their overall plan for the property, 20 That there will not be an undesirable change in neighborhood character or to nearby properties given that the property that this parking area is encroaching on is also owned by the applicant, 3 . That in this case the request is not substantial given that the property that this is encroaching on is also owned by the applicant, 45 That the request will not have adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form prepared by the Town of Ithaca Planning Board , and 5 . That while the alleged difficulty is self-created , nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community. A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz, Niefer ZB RESOLUTION NO. 2010-021 PAGE 2 NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 19th day of July, 2010 . Deputy Town Clerk Town of Ithaca Tompkins County � �? �_ P _ 7 _ . DEPARTMENT OF PLANNING 121E sCcour':t�Str et [F�EB 23 2011 Ithaca aNj W.4 ork 14850 Edward C. Marx, AICP TOWN C% r Commissioner of Planning: fie '607 274-5560 and Community Sustainability Fax (607) 274-5578 February 22 , 2011 Mr. Bruce Bates, Director of Code Enforcement Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review Pursuant to §239 -1 , -m and -n of the New York State General Municipal Law Action : Area Variance for parking at Ithaca College' s Circle Apartments, 1033 Danby Road, Town of Ithaca Tax Parcel Nos. 41 .4 -30.2. 43 .-1-2 .3, and 41-1 -2 .2, Ithaca College, Owner/Applicant ; Herman Sieverding, Agent. Dear Mr. Bates : This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 -1 , -m and —n 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. Sincerely, C /> Edward C . Marx, AICP Commissioner of Planning and Community Sustainability Inclusion through Diversity i FEB 112011 `__�_ INTEGRATED ~- ACQUISITION & DEVELOPMENT Town of Ithaca February 10, 2011 Board of Zoning Appeals 215 N Tioga Street Ithaca, NY 14850 Re : Circle Apartments Dear Zoning Board : During your July, 2010 meeting you granted our request for various area variances for a 280 bed expansion of the Circle Apartments at 1033 Danby Road . Since that time the College has reconsidered the expansion plans for the Circle Apartments . The College has decided to only add 136 (net) beds to the property. Attached is the original site plan for the project which was the basis for granting area variances in July, 2010 (See Sheet C002 dated 4/30/ 10) and the revised site plan which will result in the addition of 136 new beds (See Sheet C002 dated 12/23/ 10) . The revised site plan was approved by the Town Planning Board on January 18 , 2011 . The Planning Board conditioned its approval on the Zoning Board granting any necessary variance modifications . The Town Attorney and Building and Zoning Director have determined that since the ZBA resolution granting the requested area variances in July, 2010 makes specific reference to certain site plans and that these site plans have since changed a modification of the granted variance is necessary. This application requests the Zoning Board to modify its original approval by approving the attached site plan which eliminates all the buildings that required area variances and reduces the amount of parking to be built north of the Circle Apartments. The amount of parking has been reduced since the number of new beds to be constructed has been reduced . Thank you for your consideration . Sinc ely, H an Sieverding Agent, Ithaca College cc . Richard Couture, Ithaca College Partners, IAD, Inc. THORNWOOD CORPORATE CENTER 15 Thornwood Drive P.O. Box 4860 Ithaca, New York 14852-4860 Phone: (607) 257-5050 Fax: (607) 257-9981 I l 13 FILE . DATE PB RESOLUTION No. 2011 -007: Final Site Plan Approval / Circle Apartments Expansion 1033 Danby Road Tax Parcel No. ' s 43=1 -2.2, 43= 1 -2. 3 and 41 =1 -30.2 Town of Ithaca Planning Board, January 18, 2011 Moved by John Beach ; Seconded by Ellen Baer WHEREAS . 1 . This action is consideration of Final Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road ( NYS Route 96B) , Town of Ithaca Tax Parcel No . 's 43- 1 -2 . 2 , 43- 1 -2 . 3 and 41 - 1 -30 . 2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 42 apartments in 5 new buildings containing 168 beds (net increase of 136 beds) and the construction of an approximately 2 , 500 square foot expansion to the Community Building . The project will also include an expansion of two existing storm water detention basins, new walkways , drives and parking spaces, construction of a 720 +/- square foot storage building , and landscape improvements. Ithaca College, Owner/Applicant; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 2 . This is a Type I Action for which the Town of Ithaca Planning Board , acting as lead agency in a coordinated environmental review, has , on June 15 , 2010 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I , submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board , on June 15 , 2010, did grant preliminary site plan approval , with conditions , for the proposed Circle Apartments Expansion project, and 4 . The Zoning Board of Appeals, on July 19 , 20109 did grant variances for the proposed Circle Apartments Expansion project, and 5 . The Planning Board , at a Public Hearing held on January 18 , 2011 , has reviewed and accepted as adequate, a bound packet containing plans, details, and other information titled "Circle Apartments Expansion — Ithaca College — Integrated Acquisition & Development — Town of Ithaca, Tompkins County, New York" , dated December 23, 2010 , prepared by T . G . Miller P . C . and QPK Design ; other plans titled "Circle Apartments Expansion — Storage Building" , dated 12- 08-2010, prepared by QPK Design and " Rare Plant Location Map" ( Figure 1 ) , dated 4/15/10, prepared by T. G . Miller P . C . ; and other application material ; NOW THEREFORE BE IT RESOLVED: 1 . That the Town of Ithaca Planning Board hereby grants Final Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road , which includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 42 apartments in 5 new buildings containing 168 beds (net increase of 136 beds) and the construction of an approximately 2 , 500 square foot expansion to the Community Building . The project will also include an expansion of two existing storm water detention basins , new walkways , drives and parking spaces, construction of a 720 +/- square foot storage building , and landscape improvements, as shown in a bound packet containing plans , details , and other information titled "Circle Apartments Expansion — Ithaca College — Integrated Acquisition & Development — . ti Town of Ithaca , Tompkins County, New York" , dated December 23, 2010 , prepared by T. G . Miller P . C . and QPK Design ; other plans titled "Circle Apartments Expansion — Storage Building" , dated 12-08-2010 , prepared by QPK Design and "Rare Plant Location Map" ( Figure 1 ) , dated 4/15/10 , prepared by T. G . Miller P . C . ; and other application material , subject to the following conditions: a . that the SWPPP be reviewed and approved by the Town of Ithaca Public Works Department prior to the issuance of any demolition or building permits , and b . all buildings being demolished will require individual demolition permits from the Town of Ithaca Building Department, and c . submission of a truck hauling plan for all non-demolition material being removed from the site , to be reviewed and approved by the Town of Ithaca Public Works Department, prior to issuance of any building permits, and d . submission of one original set of final site plan drawings on mylar, vellum or paper, signed and sealed by the registered land surveyor, engineer, architect or landscape architect who prepared the site plan materials , prior to issuance of any building permits, and e . submission of designs and other details of any NYS Department of Transportation ( NYSDOT) required and approved improvements along Danby Road ( NYS Route 96B) , to the Town of Ithaca Planning Department prior to issuance of any building permits, and submission of evidence of NYSDOT approval of the required completed improvements, prior to issuance of any certificate of occupancy, and f. submission of cut sheets or other details showing the exterior wall mounted light fixtures proposed for the storage building , for review and approval of the Director of Planning , prior to issuance of a building permit for the storage building , and g . submission of revised utility plans and any other additional details showing the installation of a sprinkler system in the storage building , or granting of the necessary variance from the Zoning Board of Appeals, prior to issuance of a building permit for the storage building , and h . submission of record of application for and proof of receipt of all necessary permits from any county, state , and/or federal agencies, prior to issuance of any certificate of occupancy, and i . submission and execution of an updated , or inclusion in the Ithaca College campus wide , stormwater "Operation , Maintenance , and Reporting Agreement' between the property owner and the Town of Ithaca , satisfactory to the Attorney for the Town and the Town 's Public Works Department , prior to issuance of any certificate of occupancy, and j . submission of documentation showing that the protections and enhancements outlined in the applicant's cover letter (dated December 22 , 2010) regarding Condition g . , from the preliminary site plan resolution and the " Environmental Assessment of Undeveloped Lands within the College Circle Property ' document for the area of rare and scarce plants on the in he north edge of the property have been completed (including at a minimum , repairing t 9 P p Y P protective fence around the area and removing or thinning the non- native Scot's Pine) , and outlining procedures for future inspection and maintenance of the fence and the protected area , prior to issuance of any certificate of occupancy, and 2 1 i k. submission of the Army Corp of Engineers (ACOE) approved Final Wetland Mitigation Plan , copies of the annual reports including the final annual report, and any other contingency plan (s) (if required by ACOE) as they are completed , to the Town of Ithaca Planning Department, and I . construction activities shall not commence before 7 a . m . and shall cease by 7 p . m . and shall not occur on Sundays, and m . if there is any further expansion proposed at the Circle Apartments property beyond the currently proposed 136 beds (836 beds total on the property) , the project would be subject to NYSDOT review of any traffic impacts and the need for mitigation , prior , to any Planning Board approval , and n . regarding Ithaca College's ownership and supervision of the Circle Apartments as campus housing , including the newly constructed units , that if Ithaca College chooses to sel ! or change its involvement in , management of , and supervision of the Circle Apartments , then the maximum occupancy of the project may remain at 980 persons , provided that the successor owner or operator provides management controls on the occupants similar to those provided by Ithaca College regarding security, on-site full-time resident directors and on-site resident managers , compliance with such provisions to be confirmed by the Planning Board upon review at that time; if such controls are not in place, the occupancy shall be reduced to no more than 836 persons; all without prejudice to the developer to apply for occupancy of up to 980 persons, if it is so advised and if the Town of Ithaca Zoning Board of Appeals permits such increased occupancy, and , o. granting of any necessary variances and/or variance modifications from the Town of Ithaca Zoning Board of Appeals prior to the issuance of any building permits, and p . submission of a revised landscaping plan showing the placement of a low berm along the Layton property line and showing additional plantings along the walkway near the Layton property, satisfactory to the Town of Ithaca Public Works Department and Director of Planning , prior to the issuance of any building permits, and q . submission of easements for the water main to be dedicated to the Town satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department prior to the issuance of any Certificate of Occupancy, and r. submission of a revised easement for the sewer infrastructure satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department prior to the issuance of any Certificate of Occupancy. Vote: Ayes — Erb , Collins, Bosak, Baer, Beach and Slottje Absent: Wilcox and Conneman 3 � i STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA . I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of tt e same adopted by the Town of Ithaca Planning Board at a regular meeting on the /(4�- day of / , c. 92011 . first Deputy To C erk 4 i e PB RESOLUTION No. 2010=047 : SEAR Circle Apartments Expansion 1033 Danby Road Tax Parcel No. 's 43=1 -2.2, 43=1 -2.3 and 41 =1 -30.2 Town of Ithaca Planning Board , June 15, 2010 Moved by Rod Howe ; seconded by John Beach WHEREAS : 1 . This action is consideration of Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B) , Town of Ithaca Tax Parcel No. 's 43- 1 -2.2 , 43- 1 -2 . 3 and 41 - 1 -30.2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings (net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces . The project will also include an expansion of two existing storm water detention basins , new walkways and drives, and landscape improvements. College Circle Associates , LLC and Ithaca College, Owners/Applicants ; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 2. This is a Type I Action for which the Town of Ithaca Planning Board has indicated its intent to act as Lead Agency in a coordinated environmental review, and 3. The Planning Board , on June 1 , 2010 and June 15 , 2010, has reviewed the following documents and on June 15 , 2010 has accepted these documents as adequate : a Full Environmental Assessment Form Part I , submitted by the applicant, and Part II prepared by Town Planning staff, two bound packets containing plans, details and other information titled "Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30, 2010, prepared by Integrated Acquisition & Development Corp. , Ithaca College , T. G . Miller P. C. , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" (Sheet C403) , "Overall Site Plan" (Sheet L- 101 ) , "Planting Plan — Area 2" (Sheet L- 103) , "Planting Plan — Area 3" (Sheet L- 104) , dated 04/30/10 and revised 06/07/10, prepared by T. G . Miller P. C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " (Sheet SS-A) , "Townhouse Building and Slope Section 13- 131 " (Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan" (Sheet SS-C) , dated 06/08/10, prepared by QPK Design ; other application material , and comments submitted by involved agencies , and 4. The Town Planning staff has recommended a negative determination of environmental significance; NOW THEREFORE BE IT RESOLVED. That the Town of Ithaca Planning Board , having received no objections from other Involved Agencies , hereby establishes itself as Lead Agency to coordinate the environmental review of the above described actions ; AND BE IT FURTHER RESOLVED : That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed , based on the information in the EAF Part I and for the reasons set forth in the EAF Part II , and , therefore , a Draft Environmental Impact Statement will not be required . A vote on the motion was as follows : AYES : Wilcox, Conneman , Beach , Bosak, Talty, Howe , Erb NAYS: None The motion was declared to be unanimous . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of the same adopted by the Town of Ithaca Planning Board at a regular meeting on the day of , 2010. First Deputy Town Clerk PB RESOLUTION No. 2010=048 . Preliminary Site Plan Approval Circle Apartments Expansion 1033 Danby Road Tax Parcel No.'s 43=1 -2.2 , 43=1 -2.3 and 41 =1 -30.2 Town of Ithaca Planning Board , June 15, 2010 Moved by Kevin Talty; Seconded by George Conneman WHEREAS . 1 . This action is consideration of Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road (NYS Route 96B) , Town of Ithaca Tax Parcel No. 's 43- 1 -2 .2 , 43- 1 -2. 3 and 41 - 1 -30 . 2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings (net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces . The project will also include an expansion of two existing storm water detention basins , new walkways and drives , and landscape improvements . College Circle Associates, LLC and Ithaca College . Owners/Applicants; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 20 This is a Type I Action for which the Town of Ithaca Planning Board , acting as lead agency in a coordinated environmental review, has , on June 15 , 2010 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I , submitted by the applicant, and a Part II prepared by Town Planning staff, and 3 . The Planning Board , at a Public Hearing held on June 15 , 2010 , has reviewed and accepted as adequate , two bound packets containing plans , details and other information titled "Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30 , 2010, prepared by Integrated Acquisition & Development Corp . , Ithaca College , T. G . Miller P . C . , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" (Sheet C403) , "Overall Site Plan" (Sheet L- 101 ) , "Planting Plan — Area 2" ( Sheet L- 103) , "Planting Plan — Area 3" (Sheet L- 104) , dated 04/30/10 and revised 06/07/10, prepared by T. G . Miller P . C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " (Sheet SS-A) , "Townhouse Building and Slope Section B- B1 " (Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan " (Sheet SS-C) , dated 06/08/10, prepared by QPK Design ; other application material , and comments submitted by involved agencies , NOW THEREFORE BE IT RESOLVED . 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Site Plan Approval , as shown on the Preliminary Site Plan Checklists , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board , and 2 . That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road , Town of Ithaca Tax Parcel No . ' s 43- 1 -2 .2 , 43- 1 -2 . 3 and 41 - 1 -30.2 , which includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings (net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces. The project will also include an expansion of two existing storm water detention basins , new walkways and drives , and landscape improvements , as shown in the two bound packets containing plans , details and other information titled "Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30 , 2010 , prepared by Integrated Acquisition & Development Corp . , Ithaca College , T. G . Miller P . C. , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" (Sheet C403) , "Overall Site Plan" (Sheet L- 101 ) , "Planting Plan — Area 2" ( Sheet L- 103) , "Planting Plan — Area 3" (Sheet L- 104) , dated 04/30/10 and revised 06/07/10, prepared by T. G . Miller P . C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " (Sheet SS- A) , "Townhouse Building and Slope Section B- 131 " (Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan " ( Sheet SS-C) , dated 06/08/10, prepared by QPK Design ; and other application material , subject to the following conditions to be incorporated prior to Final Site Plan Approval , unless otherwise indicated : a. granting of the necessary variances from the Town of Ithaca Zoning Board of Appeals , prior to Final Site Plan Approval , and be submission of record of application for and proof of receipt of all necessary permits from any county, state , and/or federal agencies, prior to issuance of any certificate of occupancy, and c . submission and execution of an updated stormwater "Operation , Maintenance, and Reporting Agreement' between the property owner and the Town of Ithaca , satisfactory to the Attorney for the Town and the Town's Public Works Department, prior to issuance of any certificate of occupancy, and d , all buildings being demolished will require individual demolition permits from the Town of Ithaca Building Department , and e , submission of revised plans to include locations of additional bike racks, along with necessary details of the bike racks, and to show the proposed asphalt walk on the southern edge of the property with a minimum width of 8 feet, prior to Final Site Plan Approval , and f. submission of the results of the jurisdictional interpretation , or other information , regarding the proposed wetland disturbance on the northeast side of the property, including any necessary modifications and/or appropriate mitigation plans , prior to Final Site Plan Approval , and g . submission of materials outlining how the area of rare and scarce plants on the north edge of the property will be protected and enhanced , including at a minimum repairing and plans for future maintenance of the existing fence and thinning of some of the trees , or other methods , prior to Final Site Plan Approval , and he submission of a truck hauling plan for all non-demolition material being removed from the site , to be reviewed and approved by the Town of Ithaca Public Works Department, prior to issuance of any building permits, and 2 i i r i . submission of revised stormwater management plans to incorporate any modifications required by the Town of Ithaca Public Works Department, prior to Final Site Plan Approval , and j , that the SWPPP be reviewed and approved by the Town of Ithaca Public Works Department prior to the issuance of any demolition or building permit, and k, determination by NYSDOT as to whether any additional intersection improvements at the Circle Apartments entrance will be required , and if so, incorporation of any such improvements into the Final Site Plan submission , and I . submission of an easement agreement between Ithaca College and College Circle Associates , LLC to allow the parking areas being constructed on Ithaca College property to be used by the residents of Circle Apartments, for review and approval of the Attorney for the Town , prior to issuance of any building permits , and m . submission of a revised planting plan for Area 5 (Sheet L- 106) showing shrubs and several varieties of trees to be planted near the Layton property line , and showing additional plantings to screen the west and southwest sides of the parking lot located on the north of the entrance road , prior to Final Site Plan Approval , and n . submission of an Agreement satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, pursuant to which Ithaca College grants appropriate revised or additional drainage easements over properties owned by Ithaca College that are necessary for the construction and maintenance of the drainage facilities for the project, prior to issuance of any building permits, and o . construction activities shall not commence before 7 a. m . and shall cease by 7 p . m . and shall not occur on Sundays . AND BE IT FURTHER RESOLVED : That the Town of Ithaca Planning Board hereby authorizes , according to Section 270-227 (A) (4) of the Town Code , the standard 180 square foot parking space to be reduced to no less than 170 square feet, finding that the applicant has demonstrated good cause for the reduction and that the current situation using 170 square foot spaces has worked for the remainder of the property. AND BE IT FURTHER RESOLVED , 1 . That the Town of Ithaca Planning Board hereby approves the requested increase in total occupancy of the 212 apartment units in the Circle Apartments development from the previously approved 750 persons to a total not to exceed 1 , 030 persons , subject to the following conditions , and recommends that the Town of Ithaca Zoning Board of Appeals act favorably on the same request for increase in occupancy: a, obtaining approval for the same increase in occupancy from the Town of Ithaca Zoning Board of Appeals (as a modification of the ZBA's condition in the variance which was granted in 1990 and modified in 2002) , prior to Final Site Plan Approval , and b . submission of evidence of a revised signed long-term agreement between Ithaca College and College Circle Associates , LLC committing to Ithaca College's leasing , management, and supervision of the Circle Apartments as campus housing , including the newly constructed units , with the contingency that if Ithaca College chooses to 3 terminate or change its agreement with College Circle Associates , LLC (or a successor owner) relative to its involvement in , management of, and supervision of the Circle . Apartments, then the maximum occupancy of the project may remain at 1030 persons , provided that College Circle Associates , LLC (or a successor owner) provides management controls on the occupants similar to those provided by Ithaca College regarding security, on-site full-time resident directors and on-site resident managers , compliance with such provisions to be confirmed by the Planning Board upon review at that time ; if such controls are not in place , the occupancy shall be reduced to no more than 880 persons ; all without prejudice to the developer to apply for occupancy of up to 1 , 030 persons , if it is so advised and if the Town of Ithaca Zoning Board of Appeals permits such increased occupancy. A vote on the motion was as follows : AYES : Wilcox, Conneman , Beach , Bosak, Talty, Howe , Erb NAYS : None The motion was declared to be unanimous . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of the same adopted by the Town of Ithaca Planning Board at a regular meeting on the day of 92010, First Deputy Town Clerk 4 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JULY 19, 2010 215 North Tioga Street, Ithaca 7 : 00 P. M . Appeal of Mark Brockway, owner, Town of Ithaca , Agent, requesting a variance from the requirements of Chapter 270 , Section 270-66 " Permitted Principal Uses" of the Town of Ithaca Code to be permitted to maintain an existing garage on a lot without a principal dwelling unit located at 166 Ridgecrest Rd , Tax Parcel #45 . - 1 -21 . 2 , Medium Density Residential , MDR . Appeal of Ithaca College , owner, Integrated Acquisition & Development, Agent, requesting an interpretation to determine if a use variance is needed by Ithaca College to allow Circle Apartments to use an Ithaca College Parking lot located on a different tax parcel and to allow those parking spaces to be included in Circle Apartments' parking requirements . If so , then Ithaca College requests a variance from the requirements of Chapter 270 , Section 270-68A . The Agent is also requesting variances from the requirements of Chapter 270 , Section 270-227A( h ) "Off Lot Parking" , Section 270- 227B (4) " Rear Yard Parking" , Section 270- 111 "Additional Special Requirements" for set back reductions , and modification of Zoning Board of Appeals Resolution No . 2002-014 to allow off site parking and to increase the occupancy from 750 to 1030 persons , located at 1033 Danby Rd , Tax Parcel Numbers 43 . - 1 -2 . 2 , 43 . - 1 -2 . 3, and 41 . - 1 -30 . 2 , Multiple Residence , MR , and Medium Density Residential , MDR . Assistance will be provided for individuals with special needs , upon request; requests should be made not less than 48 hours prior to the public hearings . Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : July 7 , 2010 Published : July 9 , 2010 Zoning Board of Appeals July 19, 2010 Approved Condition: That this variance is only valid so long as both lots, 45. - 1 -21 . 2 and 45. 4 -21 . 1 , are owned by the same owner or owners. At such time that the lots are not owned by the same owner or owners, the 45. - 1 -21 . 2 lot must be brought into compliance by either the demolition of the garage or the building of a valid principle use on the property. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer NAYS: None. Motion was carried unanimously. Appeal of Ithaca College, owner, Integrated Acquisition & Development, Agent, requesting an interpretation to determine if a use variance is needed by Ithaca College to allow Circle Apartments to use an Ithaca College Parking lot located on a different tax parcel and to allow those parking spaces to be included in Circle Apartments' parking requirements. If so, then Ithaca College requests a variance from the requirements of Chapter 270 , Section 270-68A. The Agent is also requesting variances from the requirements of Chapter 270, Section 270=227A( h) " Off Lot Parking " , Section 270=227B(4) " Rear Yard Parking", Section 270=111 " Additional Special Requirements" for set back reductions, and modification of Zoning Board of Appeals Resolution No. 2002=014 to allow off site parking and to increase the occupancy from 750 to 1030 persons, located at 1033 Danby Rd, Tax Parcel Numbers 43.-1 -2.2, 43.- 1 -2.3, and 41 .-1 -30.2, Multiple Residence, MR, and Medium Density Residential , MDR. Mr. Herman Sieverding and Mr. Rick Couture introduced themselves to the Board . Mr. Sieverding announced that Ithaca College has purchased the Circle Apartments property since the variance materials were submitted . He was not sure what impact that would have on some of the requested variances . Chairperson Sigel suggested that the Board discuss the requested interpretation first because he agreed that it may change whether or not a variance is needed . He noted that the documentation explains that the parking lot next to Circle Apartments will be designated as a Red Parking lot. Mr. Couture explained that a Red Parking lot is student parking ; the parking lot would no longer be just for Circle Apartments residents . Mr. Sieverding added that the apartments do not require additional parking spaces ; it is convenience parking and not zoning required parking . Zoning Board of Appeals July 19, 2010 Approved Attorney Brock explained that the reason this needed to come before the board was because the parking would be an accessory use to the apartments on a separate parcel , but that was no longer the case . Chairperson Sigel asked the board if they were comfortable with making the determination that a variance was not needed since the parking lot was owned by Ithaca College even though it has a different tax parcel number. Chairperson Sigel moved that the board determines that the proposed parking for the current College Circle proposal on tax parcel no . 41 . - 1 -30 . 1 does not require a use variance because Ithaca College owns the parcel and the parking lot is designated as student parking . ZB RESOLUTION 2010=018: Interpretation, Ithaca College, 1033 Danbv Rd, Tax Parcel No. 41 . 41 30. 2. 43. = 1 -2. 3 and 41- 14. 2 MOTION made by Kirk Sigel, Seconded by Harry Ellsworth. RESOLVED, that this Board makes the determination that the parking proposed by the applicant for the current College Circle proposal located on 41 . - 1 -30. 2 does not require a use variance based upon the following: 1 . Ithaca College owns lot 41 . - 1 -30. 2 and the adjacent lots 43. - 1 -2. 3 and 43. - 1 -2. 2 for which the parking will be a partial benefit for, and 20 The parking lot will be designated for use by students regardless of where they are located on campus or off campus, and not just for students that are located on the adjacent College Circle property. A vote on the motion resulted as follows. AYES: Sigel, Ellsworth, Krantz, Niefer NAYS: None. Motion was carried unanimously. Mr. Sieverding explained that the College was requesting a modification to the variance to allow the maximum occupancy of the apartments to be increased to 1030 students . He then gave an overview of the proposed site plan pointing out the new buildings . He added that the additional beds at the apartments will free up beds on campus for freshmen . Mr. Sieverding pointed out several benefits of the project—the site is already zoned multiple residence , it' s being done in a manner that in -fills and takes advantage of space between buildings , uses a heavy investment in infrastructure , and the college' s residents program . Zoning Board of Appeals July 19, 2010 Approved Mr. Sieverding directed the board' s attention to their packet and noted that page 3 attempted to address the criteria the board must consider in making their decision . He proceeded to review page 3 and how Ithaca College was meeting each of the criteria . Chairperson Sigel didn' t remember the justification for the limitation on occupancy . Attorney Brock was not able to determine why the Planning Board was involved with limiting the occupancy when she read through the minutes of the Planning Board . She knew that the Zoning Board became involved because of zoning requirements limiting the number of unrelated persons in an apartment. Discussion continued regarding the proposed increase in occupancy and the Board was satisfied with building code requirements regulating the occupancy. Chairperson Sigel asked if the Board needed to conduct a SEAR review and Attorney Brock explained that the Planning Board review looked at SEQR , including potential impacts of Zoning Board actions . Chairperson Sigel opened the public hearing with regard to the proposed increase in occupancy at 8 : 02 p . m . and invited the public to address the Board . With no one interested , Chairperson Sigel closed the public hearing at 8 : 02 p . m . Chairperson Sigel moved to grant the appeal of Ithaca College requesting modification of ZB 2004-014 to allow an increase in occupancy from 750 persons to 1030 persons finding that all criteria of an area variance had been met, specifically listing how each criterion was satisfied . Mr. Ellsworth seconded . Vote—carried unanimously . ZB RESOLUTION 2010=019: Area Variance, Ithaca College, 1033 Danbv Rd, Tax Parcel No. 43. 44. 3 and 43. 44.2 MOTION made by Kirk Sigel, Seconded by Harry Ellsworth. RESOLVED, that this Board grants the appeal of Ithaca College requesting a modification of Zoning Board Resolution No. 2002-014 to allow an increase in occupancy from 750 persons to 1030 persons at 1033 Danby Rd, Tax Parcel Numbers 43. - 1 -2. 2 and 43. - 1 -2. 3 with the following: Findings: That the benefit to the applicant does out weigh any detriment to the health, safety and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible to the applicant given that they already have a substantial investment in infrastructure in this location. This location would Zoning Board of Appeals July 19, 2010 Approved appear to be the best location to add additional apartment housing for students, 24 That there will not be an undesirable change in the neighborhood character or to nearby properties given that there are already a substantial number of apartment buildings in this area . Adding some additional units would not be expected to change the character of that area substantially, 3. That the request is not substantial given that their lot coverage areas and number of dwelling units per square foot will still be well under those allowed in a Multiple Residence Zone, 4. That the request will not have adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form, which was voted on by the Town of Ithaca Planning Board in a coordinated review, 5. While the alleged difficulty is self-created given that the college is seeking this variance for one of their needs, that nevertheless the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. A vote on the motion resulted as follows. AYES: Sigel, Ellsworth, Krantz, Niefer NAYS: None. Motion was carried unanimously. Mr. Krantz felt that the proposal should be considered a new project instead of a modification of an existing approval . Chairperson Sigel explained that it is considered a modification with regard to the Zoning Board because the request was for modification of a previous approval . Setbacks—Mr. Sieverding directed the Board' s attention to pages 4-7 and explained the setback requirements . He said that the Code requires that when someone builds in the MR zone and that zone abuts a more restrictive residential zone , such as Low Density Residential , then the side yard setback of the more restrictive zone is doubled for anything built within the MR zone . He went to thei site plan and pointed out the areas where this provision applies . Mr. Sieverding explained that the College tried to purchase vacant land abutting the Circle Apartments property in order to meet setback requirements , but the owner was not interested in selling . The owner, however, did send a letter to the Board in support of the variance request. Mr. Sieverding went on to describe the Zoning Board of Appeals July 19, 2010 Approved character of the surrounding properties . He said that there were a number of mitigating factors that suggest that the request is not unreasonable . Mr. Sieverding reviewed the required setbacks for each building and described whether or not the building met the setback . He pointed out that the restriction was designed to protect lower density areas from multiple residences . Mr. Sieverding then reviewed how the College felt they met the criteria for an area variance ( described on pages 4-7 of the variance application materials) . Attorney Brock reminded the Board that they cannot use adjacent parcels in their justification for granting variance . Mr. Bates corrected that there is another MR zone on South Hill , just off of King Rd . Mr. Sieverding agreed , but noted it was not contiguous to College property . Chairperson Sigel opened the public hearing at 8 : 19 p . m . and invited the public to address the Board . There being no one , he closed the public hearing at 8 : 19 p . m . Chairperson Sigel moved to grant appeal of Ithaca College requesting a variance from section 270- 111 D , additional special requirements , finding that all criteria of an area variance had been met, specifically listing how each criterion was met and with the conditions that the buildings be built as shown on submitted plans and within the setbacks discussed . Mr. Krantz seconded . Vote—carried unanimously. ZB RESOLUTION 2010-020: Area Variance. Apartment Building Setbacks, Ithaca College, 1033 Danbv Rd. Tax Parcel No. 43. - 1 -2.2 and 43 - 1 -2 3 MOTION made by Kirk Sigel, Seconded by Ron Krantz. RESOLVED, that this Board grants the appeal of Ithaca College requesting a variance from Section 270- 111 (D) Additional Special Requirements for setback reductions at 1033 Danby Rd, Tax Parcel Numbers 43. - 1 -2. 2 and 43. - 1 -2. 3, with the following: Conditions: i 1 . That all of the proposed buildings that do not meet the required setbacks be built as indicated on the plans submitted by the applicant to this Board, 20 That the building in Area B as identified on Sheet C002, submitted by the applicant, have a setback of no less than 30 feet, 3. That the buildings in Area A as identified on Sheet C002 have setbacks of no less than 30 feet, and Zoning Board of Appeals July 19, 2010 Approved 4. That the building addition identified in Area C on Sheet C002 have a setback of no less than 20 feet. Findings: That this Board does find that the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1 . That while the benefit the applicant wishes to achieve may be possible through other means, what the applicant has proposed is reasonable and in keeping with the current development and has setbacks approximately equal to other buildings on the property, which were built under a previous zoning ordinance, 20 That an undesirable change in the neighborhood character or nearby properties will not take place given that the new construction is in character with the existing construction on the site, 3. That while the request is substantial, reducing the required buffers in two cases from 80 feet to 30 feet and in another location reducing the required buffer from 30 feet to 20 feet, that again since there are existing buildings on site with similar setbacks, that mitigates the substantialness of the request, 40 That there will not be adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form prepared and voted on by the Town of Ithaca Planning Board, 5. That while the alleged difficulty is self created, nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer NAYS: None. Motion was carried unanimously. Parking requirements—Mr. Sieverding explained that parking is not allowed within required setbacks in an MR zone and that occurs once on the site ( 19 parking spaces) . He thought that the impact of the variance was mitigated by the fact that Ithaca College now owns Circle Apartments . The parking is consistent with parking being developed on both sides of the property line . Zoning Board of Appeals July 19, 2010 Approved Chairperson Sigel asked if Section 270-22713(4) applied . Attorney Brock responded that variances were not needed for Section 270-22713 (4) or 270- 227A( h ) . She thought that the Section 270- 111 ( D) applies because it states that no structure shall be placed nearer to any residence zone than double the maximum distance of the side yard requirement of the adjoining zone and Town Code considers parking lots as structures . Chairperson Sigel opened the public hearing at 8 : 28 p . m . and invited the public to address the Board . There being no one , he closed the public hearing at 8 : 28 p . m . Chairperson Sigel moved to grant appeal of Ithaca College requesting a variance from section 270- 111 D , additional special requirements , finding that all criteria of an area variance had been met, specifically listing how each criterion was met and with the condition that the parking lot be built as shown on submitted plans and within the setbacks discussed . Mr. Ellsworth seconded . Vote--carried unanimously. ZB RESOLUTION 2010=021 : Area Variance, Parking Lot Setbacks, Ithaca College, 1033 Danby Rd, Tax Parcel No. 43. 44.2 and 43. 44. 3 MOTION made by Kirk Sigel, Seconded by Harry Ellsworth. RESOLVED, that this Board grants the appeal of Ithaca College requesting a variance from Section 270- 111 (D) Additional Special Requirements for setback reductions related to parking along the north side of 1033 Danby Road, Tax Parcel Numbers 43. - 1 -2. 2 and 43. - 1 -2. 3, Multiple Residence Zone, with the following: Condition. That the parking spaces be constructed as indicated on the plans submitted by the applicant to this Board. Findings: That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1 . That while the benefit the applicant wishes to achieve may be possible through other means what the applicant has proposed is reasonable and in keeping with their overall plan for the property, 20 That there will not be an undesirable change in neighborhood character or to nearby properties given that the property that this parking area is encroaching on is also owned by the applicant, Zoning Board of Appeals July 19, 2010 Approved 3. That in this case the request is not substantial given that the property that this is encroaching on is also owned by the applicant, 4. That the request will not have adverse physical or environmental effects for the reasons stated in the Long Environmental Assessment Form prepared by the Town of Ithaca Planning Board, and 5. That while the alleged difficulty is self-created, nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer NA YS: None. Motion was carried unanimously. Attorney Brock asked about the programming of the apartments. Mr. Couture explained that the residential programs will continue in the apartments; the apartments will be treated in the same manner as other on -campus housing . There was brief discussion regarding whether or not the apartments would come off the tax roll . Mr. Sieverding explained that there is currently a PILOT agreement in place and the College did not have plans to change it. He then suggested that the tax parcel number of the medium density residential zone is incorrect. Sheet C002 shows the parcel as 42 . - 1 - 13 . 2 . ** Mr. Bates reviewed tax maps after the meeting and determined the correct tax parcel number to be 41 . - 1 -3042. Other Business The Board discussed expiring terms and if there was anyone interested in becoming an alternate member. Mr. Bates informed the Board of an upcoming training opportunity this fall . Adjournment With no further business , Chairperson Sigel adjourned the meeting at 8 : 38 p . m . Kirk Sigel , Chairperson FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2010-018 Interpretation Ithaca College 1033 Danby Rd Tax Parcel No. 41 .- 1 -30 .2, 43.- 1 -2. 3 and 43.-1 -2.2 July 19, 2010 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED , that this Board makes the determination that the parking proposed by the applicant for the current College Circle proposal located on 41 . - 1 -30 . 2 does not require a use variance based upon the following : 1 . Ithaca College owns lot 41 . - 1 -30 . 2 and the adjacent lots 43 . - 1 -2 . 3 and 43 . - 1 -2 . 2 for which the parking will be a partial benefit for, and 2 . The parking lot will be designated for use by students regardless of where they are located on campus or off campus , and not just for students that are located on the adjacent College Circle property. A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz, Niefer NAYS : None . Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 19th day of July , 2010 . Deputy Town-berk Town of Ithaca FILE D AT E � ADOPTED RESOLUTION ZB RESOLUTION 2010=019 Area Variance Ithaca College 1033 Danby Rd Tax Parcel No. 430-1 -2.3 and 43.-1 -22 July 19, 2010 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED , that this Board grants the appeal of Ithaca College requesting a increase in modification of Zoning Board Resolution No . 2002,-014 0 033 allow RdnTax Parcel Numbers occupancy from 750 persons to 1030 persons 43 . - 1 -2 . 2 and 43 . - 1 -2 . 3 with the following : Findings: That the benefit to the applicant does out weigh any detriment to the health , safety and welfare of the community , specifically: 1 That the benefit the applicant wishes to achieve cannot be achieved a substant al y other ahead means feasible to the applicant given that they y ear to be the investment in infrastructure in this housing for students , app best location to add additional apartment 2 . rhood character or to That there will not be an undesirable change in the neig tba number of apartment nearby properties given that there are already a substa buildings in this area . Adding some additional units would not be expected to change the character of that area substantially , 3 . That the request is not substantial given that ehl under thosegallowed n a Mul ip er of dwelling units per square foot will still be w Residence Zone , the 4 . That the request will not have adverse physical rnwh ch wasf�ot d reasons stated in the Long Environmental A ssessment Fom on by the Town of Ithaca Planning Board in a coordinated review , 5 , While the alleged difficulty is self -creat the benefit to the applicant variance for one of their needs , that ne vertheless does outweigh any detriment to the health , safety and welfare of the community . ZB RESOLUTION NO , 2010-019 PAGE 2 A vote on the motion resulted as follows: AYES : Sigel , Ellsworth , Krantz , Niefer NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 19th day of July , 2010 . f Deputy Town-Clerk Town of Ithaca FILE x p JE ADOPTED RESOLUTION ZB RESOLUTION Buildin9 Setbacks Area Variance, Apartment Ithaca College 1033 Danby Rd Tax Parcel No. 43 .-1 -2.2 and 43.-1 -2.3 July 19 , 2010 MOTION made by Kirk Sigel , Seconded by Ron Krantz . ED that this Board grants the appeal of Ithaca College etback Seductions at ce RESOLVE[ , from Section 270- 111 (D fCea Numbers 43 ! 1 2 2 and 43n1 -2 . 3 , with the following : 1033 Danby Rd , Tax Pa Conditions: ld I of the proposed buildings that do not meet the his IBoard,tbacks be built 1 . That al P applicant to as indicated on the plans submitted by the app 2 . That the building in Area B as identified on Sheet C002 , submitted by the applicant , have a setback of no less than 30 eet , 3 . That the buildings in Area A as identified on Sheet C002 have setbacks of no less than 30 feet, and 4 , That the building addition identified in Area C on Sheet C002 have a setback of no less than 20 feet . Findings: licant outweighs any detriment to the That this Board does find that the benefit to the p health , safety and welfare of the community , specifically: That while the benefit the applicant wishes to achieve may be possible through 1 applicant has proposed is reasonable and in keeping with other means , what the app the current development and has setbacks app roximately equal to other buildings on the property , which were built under a previous zoning ordinance , 2 . That an undesirable change in the neighborhood character or nearby properties will not take place given that the new construction is in character with the existing construction on the site , 3 , That while the request is substantial , reducing reducQg the required buffer from from 80 feet to 30 feet and in another location 30 feet to 20 feet, that again since there are existingebu sings on site with similar setbacks , that mitigates the substantialness of the _ q ZB RESOLUTION NO , 2 PAGE 2 effects for the reasons 40 That there will not be adverse physical or environmental prelpared and voted on by stated in the Long Environmental Assessment Form the Town of Ithaca Planning Board , 5 . o the That while the alleged difficulty is self-created , nevertheless , and benefit welfare of it tof the applicant does outweigh any detriment to the health , safety , community . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: 1 , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York, ct copy of the same adopted by the Zoning do hereby certify that the resolution is an exa B a regular meeting on the 19th day of July , Board of Appeals of the Town of Ithaca at 2010 . �1 , Deputy Town- Clerk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2010-021 Area Variance, Parking Lot Setbacks Ithaca College 1033 Danby Rd Tax Parcel No. 43.-1 -2.2 and 43.-1 -2.3 July 19 , 2010 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED , that this Board grants the appeal of Ithaca College requesting a variance ductions from Section 270- 111 (D) Additional Special Requirements Road�Tax ParcelNumbers 43 . - 1 - related to parking along the north side of 1033 D y 2 . 2 and 43. - 1 -2 . 3 , Multiple Residence Zone , with the following : Condition : ructed as indicated on the plans submitted by the That the parking spaces be const applicant to this Board . Findings: oes outweigh any detriment to the health , safety and That the benefit to the applicant d welfare of the community , specifically: 1 That while the benefit the applicant wishes to achieve may be possible through other means what the applicant has proposed is reasonable and in keeping with their overall plan for the property , er or to 2 . That there will not be an undesirable change hat neighborhood parking area saenctroaching on nearby properties given that the property this P ark is also owned by the applicant, 3 . That in this case the request is not substantial given that the property that this is encroaching on is also owned by the applicant, 4 . That the request will not have adverse physical prelpared by for the e reasons stated in the Long Environmental Ass essment Form Town of Ithaca Planning Board , and 5 . That while the alleged difficulty is self-created , nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer WroranenwZVOWNIM ZB RESOLUTION NO . 2010-021 PAGE 2 NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 19tr' day of July , 2010 . 16/% Deputy Town- Clerk Town of Ithaca R , J 12-12-79 (3199)-9c SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number 10-03-708 Date : June 21 , 2010 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 ( State Environmental Quality Review Act) of the Environmental Conservation Law , The Town of Ithaca Planning Board as lead agency , has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared . Name of Action . Circle Apartments Expansion Project SEQR Status . Type 1 ❑✓ Unlisted ❑ Conditioned Negative Declaration . ❑ Yes ✓❑ No Description of Action . The Circle Apartments Expansion project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings ( net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces . The project will also include an expansion of two existing storm water detention basins , new walkways and drives, and landscape improvements. The proposal also involves a reduction in the size of the new parking spaces from 180 square feet to 170 square feet and an increase in the occupancy on the property from 750 persons to 1 , 030 persons. The proposed project is located at 1033 Danby Road ( NYS Route 96B) , Town of Ithaca Tax Parcel No . 's 43- 1 -2 . 2 , 43- 1 -2 . 3 and 41 - 1 -30 . 2, Multiple Residence and Medium Density Residential Zones . Location : ( Include street address and the name of the municipality/county . A location map of appropriate scale is also recommended . ) 1033 Danby Road ( NYS Route 96B) , Town of Ithaca , Tompkins County rR I A SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination : (See 617 . 7(a)-(c) for requirements of this determination ; see 617 . 7(d ) for Conditioned Negative Declaration ) see attached If Conditioned Negative Declaration , provide on attachment the specific mitigation measures imposed , and identify comment period (not less than 30 days from date of pubication In the ENB ) For Further Information : Contact Person : Michael Smith , Environmental Planner Address: 215 N . Tioga Street, Ithaca NY 14850 Telephone Number: 607-273- 1747 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to : Chief Executive Officer , Town / City / Village of Town of Ithaca Other involved agencies ( If any) see attached Applicant ( if any) Environmental Notice Bulletin , Room 538 , 50 Wolf Road , Albany NY , 12233- 1750 (Type One Actions only) Q % Circle Apartments Expansion — June 21 , 2010 Attachment to Negative Declaration Form. Notice of Determination of Non-Significance Reasons Supporting This Determination : Based on review of the project at Planning Board meetings on June 1 , 2010 and June 15 , 2010, a negative determination of environmental significance has been made for the above referenced action by the Town of Ithaca Planning Board, in accordance with the requirements of Article 8 of the Environmental Conservation Law. Given the proposed design of the project, its location and the character of the surrounding uses , and the proposed uses and activities associated with the project, no significant adverse environmental impacts have been identified. The Planning Board, at its June 15 , 2010 meeting, reviewed and accepted as adequate the Full Environmental Assessment Form (EAF) Part I prepared by the applicant, Part II of the EAF prepared by the Town Planning staff, and other application materials . The above referenced EAF incorporates specific studies and reports prepared and submitted by the applicant, including, but not limited to, two bound packets titled "Preliminary Site Plan Submission — Circle Apartments Expansion" (dated April 30, 2010) and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" (dated April 30, 2010). In particular, the following specific conclusions were reached by the Planning Board: 1 . Impact on Land : The proposed project will result in a physical change to the project site with the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings (net increase of 280 bedrooms), construction of an approximately 2 , 500 square foot expansion to the Community Building, and a net addition of 85 parking spaces. The project will also include an expansion of two existing storm water detention basins, new walkways and drives, and landscape improvements. In general, the expansion on this site will not result in any significant impacts, and appears to make efficient use of previously developed or disturbed areas of the property and campus . The project will replace several smaller, older apartment buildings and infill with new buildings around the property. A review of the landscape plantings proposed for the site indicates that none of the plants are on the County' s Invasive Plant List, and in general , the plan appears appropriate and consistent with the existing landscaping around the property. Most of the site proposed for development has moderate to gentle slopes . The applicants states in the LEAF Part I that 83 % of the project site has less than a 10% slopes, 12 % has a 10 — 15 % slope, with only 5 % of the project site having a slope of 15 % or greater. The majority of the steepest slope appears to be located along the north edge of the project, primarily where the loop road is proposed. The applicant has stated that the project will be constructed in two phases, with both phases being completed within approximately 20 months . I Circle Apartments Expansion — June 21 , 2010 �'- !f 2. Impact on Water: In terms of water usage, the applicant reports that the new project will use an estimated 29 ,400 gallons per day. Water is supplied from the Bolton Point Municipal Water System and there should be adequate supply available . The proposed expansion project will result in reconfigured and additional impervious surfaces on the site resulting in changes to the drainage flow patterns . As a multi- family residential property disturbing greater than one acre of land, a full Stormwater Pollution Prevention Plan (SWPPP) is required, including both erosion controls during construction and permanent stormwater management practices . To address these requirements, the applicants have provided a "Stormwater Pollution Prevention Plan (SWPPP) for construction activities at Circle Apartments Expansion" (dated April 30, 2010, prepared by T. G. Miller P. C . ). The stormwater strategy addresses erosion control during construction, and both water quality and water quantity on the post-developed site . As a result of the development, there is a net increase of approximately 2 .6 acres of new impervious area that will need to be accommodated. In order to mitigate the new impervious area, both the existing stormwater wetland and the existing drainage basin will be enlarged. Within the drainage basin, a shallow wetland practice will also be constructed. For the new buildings and parking lots along Danby Road, underground sand filter and storage practices will be constructed to capture and treat the runoff. The SWPPP also contains a post-construction maintenance schedule for all the permanent elements including the wetlands, the sand filters, underground detention, and parking lot maintenance . There are existing "Operation, Maintenance and Reporting Agreements" in place for the existing permanent practices . A condition has been included in the draft Planning Board resolution requiring these agreement to updated as necessary to reflect the changes involved in this project. The Town of Ithaca' s Public Works Department has received a copy of the SWPPP and all associated plans . While the concept appears appropriate, they will need to review and approve the SWPPP for this project. As part of this project, the applicants are proposing to located portions of three buildings and grade with identified wetlands (wetland 2) on the northeast corner of the property and eliminate +/- 0 .44 acres of wetlands . The applicants have provided a "Report of Findings and Delineation of Wetlands and Waters of the U . S ." prepared by LeCain Environmental Services , Inc. This report delineates the two wetlands on the project property, discusses the soils, hydrology and the vegetation, and outlines the results . While three constructed drainages (wetlands) have been identified where construction is planned, it is unclear at this point how these wetlands will be classified or if any mitigation is planned by the applicants . The next step for the applicant is to have a jurisdictional interpretation completed by the U. S . Army Corps of Engineers ( USACE) . The results of this will help determine what type of mitigation or modifications to the proposal might be required. Beyond the USACE determination, the Board will also need to consider if it is appropriate to locate the three buildings within the wetland area in the northeast corner of the property, or what mitigation might be appropriate. A condition has been added to the draft resolution requiring the jurisdictional interpretation and other mitigation information be provided to the Board prior to Final Site Plan Approval . 2 Circle Apartments Expansion — June 21 , 2010 3. Plants and Animals: As part of LEAF, LeCain Environmental Inc and Dr. F. Robert Wesley prepared a "Environmental Assessment of Undeveloped Lands within the College Circle Property" which discusses rare and scarce plants along with other vegetation resources identified on the property. The field survey found three rare species in an undeveloped section of the property north of the large storm water pond. As in 1988 , the assessment recommends that this undeveloped section be set aside and preserved. There is currently a fence around the area and the current proposal does not propose any change to this area. It was identified that the fence has been breached and is in need of repair. It is also recommended that some of the non-native scot ' s pine in this area be removed or thinned to enhance the rare native plants in the area. A condition has been included in the Planning Boards draft resolution requiring a plan for the protection of this area. The LEAF states that approximately 2 . 13 acres of vegetation will be removed from the site. It is anticipated that most of the vegetation to be removed will occur on the north edge of the site to accommodate the new loop road and walkway. This development will extend into a wooded area of the South Hill Swamp Unique Natural Area (UNA- 154) boundary on the Ithaca College property. The area of clearing is not located within the Town' s Conservation Zone. 4. Transportation : The applicants have provided a "Traffic Impact Study for the proposed Circle Apartments Expansion" (dated April 2010, prepared by SRF Associates) which looked at the existing traffic conditions, the proposed development, future area development and local growth, and various analysis. The study concludes that "the existing transportation network can accommodate the projected full build out traffic volumes with minor impacts to study area intersections". The study also states that "no significant adverse traffic impacts are anticipated and no improvements are warranted or recommended at any of the study area intersections as a result of the proposed expansion". There are no new curb cuts proposed as a result of this project. Access to the development will use the existing access point to Danby Road along with the internal connection to the Ithaca College campus. The proposed expansion project will not be adding any additional students on the campus, but only shifting. where they will be living. Most of the students that will be living in the Circle Apartments expansion are already living either on campus or in the surrounding neighborhoods on south hill. It. is not anticipated that the proposed project will create any significant traffic impacts by adding additional vehicles to local roads, and may even reduce travel for some students that could now live closer to the campus . The project proposes to add a net increase of 85 parking spaces to accommodate the additional 280 beds . Based on the existing Circle Apartments development, the applicant estimates that 70% - 75 % of the students own cars. With a maximum occupancy of 1 ,030 students , the parking demand is approximately 720 to 770 parking spaces . The proposed site plan, following the demolition and construction of parking spaces, provides 744 parking spaces . The applicant is proposing to reduce the size of the standard parking space from 180 square feet to 170 square feet for all new spaces constructed. The Town of Ithaca Planning Board, according to Section 270-227 (A) (4) of the Town Code, is authorized to reduce the size of the parking space as part of the site plan approval . 3 Circle Apartments Expansion — June 21 , 2010 r Short-term traffic impacts will result from the transport of demolition debris and the construction excavation work on the site. The applicant estimates in the application material that the demolition of the buildings will result in approximately 40 tractor trailer type vehicle trips to remove all the debris . It is anticipated that the trucks would leave the site going south on NYS Route 96B out of the Town of Ithaca to reach a landfill . In addition, the applicant reports that approximately 7 ,500 cubic yards of natural material will need to be excavated for construction on the site. This would equate to approximately 750 truck loads assuming a 10 cubic yard capacity, 10- wheel truck . A truck hauling plan for this excavation material will need to be provided to and approved by the Town' s Public Works Department prior to any excavation occurring on the site. A condition has been included in the Planning Board draft resolution to require this hauling plan. 5. Noise: During both the demolition and the construction for this project, temporary noise is anticipated from activities on site and the truck traffic entering and leaving the area. These construction related noises will be temporary in nature during the expected 20 month construction period. 6 Growth and Character of Community or Neighborhood: It is anticipated that this proposed expansion will create a small demand for additional fire and police protection services . While there will not be an increase in the number of Ithaca College students as part of this project, there will be a shift in where they are living, bring more students to this portion of campus and potentially increasing the need for fire and police services at Circle Apartments location. The expansion project plans have been provided to the Ithaca fire Department. The applicants have stated in Part 1 of the LEAF that the proposed project will generate up to 125 jobs during construction. There will not be any jobs eliminated as a result of this project. This notice is being distributed to: Kenneth Lynch, Director, Region 7 , N .Y . S . Department of Environmental Conservation Janis M . Gross , Associate Transportation Analyst, NYS Dept. of Transportation Edward C . Marx, Commissioner, Tompkins County Departments of Planning and Public Works Liz Cameron, Tompkins County Department of Health Herb Engman, Supervisor, Town of Ithaca Kirk Sigel , Chair, Town of Ithaca Zoning Board of Appeals Diane Conneman, Chair, Town of Ithaca Conservation Board Michael K. Barylski, NYS Dept. of Environmental Conservation — Cortland Office Stan Birchenough, Resident Engineer, NYS Department of Transportation, Region 3 Joseph Turcotte, Tompkins Consolidated Area Transit Thomas Parsons , City of Ithaca Fire Department Roger Segelken, Chair, Tompkins County Environmental Management Council Town of Ithaca Zoning Board of Appeals Herman Sieverding, Integrated Acquisition & Development Richard Couture, Ithaca College David Herrick, T . G . Miller Vince Nicotra, QPK Design 4 JUN 18 20101 INTEGRATED ACQUISITION & YO`v '�! � ' I ' r ' ' " ' a D E V E L O P M E N T I � (� [} E1�li Q �iCEiicr3T J June 18 , 2010 Mr. Bruce Bates Director Building and Zoning Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Variance Application — Circle Apartments, 1 033 Danby Road Dear Bruce : Enclosed is the variance application , request to modify a condition to a variance granted the property in 2002 and request for an interpretation by the Zoning Board of Appeals for the proposed expansion of the Circle Apartments . Included in this application are the following: 1 . Completed and signed Variance Application Form. 2. Completed Area Variance Criteria Form. 3 . Narrative description of the variance request and request for an interpretation regarding the need for use variance . 4 . Existing Conditions survey map. 5 . Site plans and aerial photograph of the proposed improvements . 6. Application fee in the amount of $ 100. There are no environmental review forms included in this application since the environmental review has been conducted by the Town Planning Board, pursuant to its Lead Agency determination of June 15 , 2010. If during your review of these application materials you have any questions or need additional information , please contact me . Thank you for your assistance . Sin ely, He man Sieverding Vice President cc . Partners, IAD Rick Couture, Ithaca College THORNWOOD CORPORATE CENTER 15 Thornwood Drive P.O. Box 4860 Ithaca, New York 14852-4860 Phone: (607) 257-5050 Fax: (607) 257-9981 PB RESOLUTION No. 2010=047 : SEAR Circle Apartments Expansion 1033 Danby Road Tax Parcel No. 's 43=1 -2.2, 43=1 -2.3 and 41 -1 -30.2 Town of Ithaca Planning Board , June 15, 2010 Moved by Rod Howe ; seconded by John Beach WHEREAS : 1 . This action is consideration of Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road ( NYS Route 96B) , Town of Ithaca Tax Parcel No. 's 43- 1 -2 .2 , 43- 1 -2 . 3 and 41 - 1 -30.2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings (net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces . The project will also include an expansion of two existing storm water detention basins , new walkways and drives , and landscape improvements . College Circle Associates , LLC and Ithaca College , Owners/Applicants ; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 2 . This is a Type I Action for which the Town of Ithaca Planning Board has indicated its intent to act as Lead A enc in a coordinated environmental review an 3 . The Planning Board , on June 1 , 2010 and June 15 , 2010, has reviewed the following documents and on June 15 , 2010 has accepted these documents as adequate : a Full Environmental Assessment Form Part I , submitted by the applicant , and Part II prepared by Town Planning staff , two bound packets containing plans , details and other information titled " Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30 , 2010, prepared by Integrated Acquisition & Development Corp. , Ithaca College , T. G . Miller P . C . , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" (Sheet C403) , "Overall Site Plan" (Sheet L- 101 ) , " Planting Plan — Area 2" (Sheet L- 103) , "Planting Plan — Area 3" ( Sheet L- 104) , dated 04/30/10 and revised 06/07/10, prepared by T. G . Miller P . C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " (Sheet SS-A) , "Townhouse Building and Slope Section B- 131 " (Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan " ( Sheet SS-C) , dated 06/08/10, prepared by QPK Design ; other application material , and comments submitted by involved agencies , and 4. The Town Planning staff has recommended a negative determination of environmental significance ; NOW THEREFORE BE IT RESOLVED . That the Town of Ithaca Planning Board , having received no objections from other Involved Agencies , hereby establishes itself as Lead Agency to coordinate the environmental review of the above described actions ; AND BE IT FURTHER RESOLVED : That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed , based on the information in the EAF Part I and for the reasons set forth in the EAF Part II , and , therefore , a Draft Environmental Impact Statement will not be required . A vote on the motion was as follows : AYES : Wilcox, Conneman , Beach , Bosak , Talty , Howe , Erb NAYS : None The motion was declared to be unanimous . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA * I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of the same adopted by the Town of Ithaca Planning Board at a regular meeting on the day of , 2010. First Deputy Town Clerk y I Tompkin Counity fr � ) MAY 212010 DEPAWTYMEN ID OF PLANNING � � � TOWN OF ITHACA 121 East Court Str�eet PLANNING / ENGINEERING Edward C. Marx, AICP Ithac�a,vNeN k 14850 Commissioner of Planning x4 / Telephone (607 274-5560 and Public Works " " ', % Fax (607) 274-5578 May 20, 2010 Mr. Michael Smith, Environmental Planner Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review of Site Plan and Variances for proposed Circle Apartments Expansion, Town of Ithaca' Tax Parcel No. ' s 43-1 -2.2, 43-1-23 and 41 - 1 -30.2, Multiple Residence and Medium Density Residential Zones, College Circle Associates, LLC and Ithaca College Owners/Applicants; Herman Sieverding, Integrated Acquisition & Development Corp., AIA, Agent. Dear Mr. Smith: 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 may have negative inter-community, or county-wide impacts as described below. We recommend modification of the proposal . If the Board does not incorporate these recommendations into its approval , such approval will require a vote of a supermajority (meaning a majority plus one) of all members of the decision-making body. Recommended Modifications • The footprints of the three buildings proposed as a part of Phase 2 appear to directly impact Wetland 2 as identified in the Preliminary Site Plan Submission. The site plan does not in any way address this impact. The Environmental Assessment Form indicates a reduction of .63 acres of wetlands as a result of the project but question 16 regarding "wetland areas within or contiguous to project area" is incorrectly answered "N/A" and question 25 regarding approvals required does not indicate either the U . S . Army Corps of Engineers or NYSDEC approval of the impact on the wetland. The Town should require that Phase 2 be located at a different location or be eliminated so as to avoid impacts on this wetland. • Protection of rare plant species, as recommended in April 27, 2010 report by LeCain Environmental and Dr. F. Robert Wesley, should be included as a condition of approval . Other Comments • Proposed pedestrian improvements between existing and proposed apartments, the community building and Ithaca College are quite positive . However, the pedestrian connections to the neighborhood commercial zone south of the site should be improved. Instead of relying on abutting property owners to formalize the "College Crossing Connector Walk" the Town should require that this and other projects in the area include formal sidewalks adjacent to the Route 96B Right-of-Way as improvements are made on those properties . Inclusion through Diversity Pagel of 2 y I _ . Please inform us of your decision so that we can make it a part of the record . Sincerely, Edward C . Marx, AICP Commissioner of Planning and Public Works Inclusion through (Diversity Page 2 of 2 I TOWN OF ITHA A `,' -'--_ 215 N . Tioga Street, ITHACA, N. Y . 14850 JU�9 18 2010 , I , TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDING AND ZONING_2.7.3- 17� 83 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 "j FAX (607) 273- 1704 C017t ENFO Vf� £� C �11t �i5Y Zoninp, 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 For 'Office Use Only : . For Office Use: Only " Property ts 'located within ot-adjacent to : Date Received (a JS la Please check all that apply : Area Variance County Ag District Cash or Check No. 33 Use Variance UNA Zoning District _ Sign Variance CEA Applicable Section(s) of Town Code: Sprinkler Variance Forest Home Historic District Special Approval State Park/anothdr mupicipality The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to Construct buildings within the required set back area , provide parking on * at 1033 D a n b y Road , Town of Ithaca Tax Parcel No . 43 - 1 . 2 . 3 , 2 . 2 - 41 - 1 - 30 . 2 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 necessary): See Narrative Attached By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connectZw6 y ap 'cation. Signature of Owner/Appellant: Date : l O Signature of Appellant/A ent: Date: Print Name Here Home/Cell Telephone Number: 2 7i tiP Work Telephone Number : lodr7 `W NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will givia. Your attendance at the meeting is strongly advised. Revised 4-12-08 * an adjoining parcel of land and modify conditions to previously granted variance . LJ ZONING BOARD OF APPEALS JUG � g 2010 ; AREA VARIANCE CRITERIA FORM - (to be completed by App'liEAA01 f va I % ,Kjuc cNFURCEMENT l Applicant: Integrated Acquisition & Development Corp . , Inc . Address of Property Concerning Appeal : 10 3 3 D a n b y R o a d Tax MapNo. : 43 - 1 - 2 . 2 , 43 - 1 - 2 . 3 and 41 - 1 - 30 . 2 TEST: No area variance will be granted without a consideration by the Board of the following factors : 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties : Yes No x Reasons : The imposed additional development on the 30 . 5 acre site yields a lot coverage ratio and density factor that are significantly less than allowed by the Zoning Ordinance . See attached narrative . 2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance : Yes No x Reasons : Although the applicant has tried , no additional land is available to create required set backs . The Zoning Ordinance does not allow taller buildings . No other practical alternatives are available . See narrative attached . 3 . Whether the requested variance is substantial : Yes No x Reasons : The area and use variance requested are the minimum variances necessary to achieve the project objective - expand the supply of student housing on a fully supported site immediately contiguous to the Ithaca College Campus . See attached narrative . 4 . Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? : Yes No X Reasons : The proposed project is the subject of an expanded LEAF that was adopted by the Planning Board which made a negative determination of environmental significance . 5 . Whether the alleged difficulty was self-created : Yes X No Reasons : The zoning difficulty is brought about by the decision to expand Circle Apartments . However , the applicant believes it has met the other aspects of the balancing test that justifies the granting of the request variances . Revised 4- 12-08 See narrative attached . s DC( MD � D D Zoning Board of Appeals JUN 18 2010 ; Circle Apartments , Area and Use Variance Request TOt E 0 ; 0E-i COME EPdEOnC "= l�iENT June 14, 2010 INTRODUCTION This application requests the following variances relative to the proposed expansion of Circle Apartments located at 1033 Danby Road : 1 . Area Variance changing the condition imposed by a previous variance that limits the occupancy of the project to no more than 750 persons . 2 . Area Variance for reduced side yard set backs as required per Article XII, Section 270- 111 of the Town of Ithaca Zoning Ordinance which calls for double the side yard requirement for buildings in a Multiple Residence Zone when that zone abuts certain other zoning districts , including in this case, a Low Density Residential zone. 3 . Area Variance to allow parking within the required side yard set back area in a Multiple Residence Zone. This application also requests an interpretation by the Board whether a use variance is required for parking provided in support of the Circle Apartments on land owned by Ithaca College that is located within a different zone than the subject property. In the event the Board should decide a variance is necessary, also enclosed is a use variance request to allow additional parking, beyond what is required by the Zoning Ordinance for the Circle Apartments, on an adjoining parcel of land owned by Ithaca College and in a different zoning district than Circle Apartments. The proposed expansion of the Circle Apartments, which is accomplished by utilizing space nearby existing buildings to ` infill ' new buildings, includes the following elements: ■ Demolition of the four existing two-bedroom apartment buildings on the Danby Road frontage of the site and construction of four, four-bedroom apartment buildings in their place. ■ Construction of a new approximately 61 space parking lot in this location. ■ Construction of a six unit apartment building to the south of the entry driveway to the Circle Apartments. ■ Demolition of 34 parking spaces at the north east corner of the property opposite Buildings 30 and 32 and the construction of three buildings containing a total of 26 apartments at this location. ■ Construction of a six unit building at the north end of the site near the existing campus parking lot. ■ Construction of an addition to the north end of Building 1 containing a total of four apartment units. ■ Construction of an approximately 2 , 500 square foot addition to the Community Building to support the additional population at the site. ■ Construction of 25 parking spaces by the Community Building. ■ Construction of 81 parking spaces along the connector road to the Ithaca College campus . This build out will add nine buildings to the site, a small expansion to the Community Building and create a net addition of 85 parking spaces to what already exists between the Circle Apartments property and on College owned land immediately to the north . While the new building construction will create 78 apartments containing 312 bedrooms, the net increase to the number of bedrooms is only 280 since the demolition of the existing four two-bedroom buildings near Danby Road will eliminate 32 existing bedrooms. Attached are two site plans of the Circle Apartments property and an aerial photograph that graphically illustrate our proposed infill development. The first site plan is an Existing Conditions plan . There are currently 21 apartment buildings, a Community Building and 659 parking spaces on the property. The second Site Plan and Illustrated Aerial Photograph show the proposed infill development at the Circle Apartments property. AREA VARIANCE REQUEST — REVISE OCCUPANCY CONDITION The Circle Apartments were originally approved by the Town of Ithaca Planning Board pursuant to Article IX, Section 46 of the Town of Ithaca Zoning Ordinance in November, 1988 . The approved site plan consists of 149 apartments, one leasing office and 450 parking spaces. The Planning Board, in granting site plan approval , imposed a condition that the maximum occupancy of the project could not exceed 600 persons "except as may be subsequently modified upon approval by the Planning Board". In January, 1990 JMS Realty, the then current owner of the Circle Apartments applied for a variance from Section 26 of the Town Zoning Ordinance which limited the number of unrelated individuals who could reside in a dwelling unit to no more than four persons. The Zoning Board granted this variance and allowed more than four unrelated individuals to occupy certain units subject to the Planning Board ' s condition that the occupancy of the project not exceed 600 individuals. Integrated Acquisition & Development, Corp. (IAD) acquired the property in 2001 , and in 2002 applied for a variance to increase the occupancy of the property from 600 to 750 persons. This variance was granted by the Zoning Board of Appeals on April 15 , 2002 . IAD, with this variance application, requests the Board to modify this condition and allow the property, upon completion of the proposed improvements, to be occupied by 1 ,030 occupants. The proposed expansion described above is in response to an acute housing demand on the Ithaca College campus . This demand is particularly significant for incoming freshman and for sophomores. Circle Apartments has, since our relationship with the College began, been targeted to juniors and seniors given its relatively independent style of housing. It provides a unique opportunity for the College to assist in the transition from dorm to independent living for these groups of students . By increasing the occupancy for juniors and seniors at Circle Apartments, more dormitory space will be made available to freshmen and sophomores. 2 With the requested increase in occupancy will come additional capital expenditures by Ithaca College to support the additional students residing at the Circle Apartments. The primary investment will be in an expanded Community Building that will house additional laundry facilities, expanded fitness center, more office space for support staff and a larger outdoor patio area . The expansion of existing programs the College currently maintains on the Circle Apartments site is equally significant . Ithaca College has adopted a Circle Apartments Staffing and Management Plan for this property that includes a live- in Resident Director and one Resident Assistant for every 100 —125 residents . Campus Safety Officers regularly patrol the Circle Apartments property over a 24-hour day, seven days per week. The Ithaca College Office of Facilities will expand its presence on site and will continue to maintain the Circle Apartments property to the same high standard as the rest of the Ithaca College campus. The potential impact of increasing the overall occupancy of the project from 750 to 1 ,030 occupants will not produce an undesirable change in the neighborhood nor will it have an adverse effect on the environment . The Circle Apartments property will have a ratio of 7 dwelling units per acre on the 30 . 5 -acre site. This compares to density factors for comparable developments in the County of between 12 to 18 dwelling units per acre. The low ratio of dwelling units to lot area implies a greater capacity of the site to accommodate the demands generated by these units without adversely effecting surrounding properties. This low ratio also enhances the design and appeal of the property by providing large, open green areas around the buildings. Similarly, while the Zoning Ordinance allows a lot coverage ratio of 30%, upon completion of the proposed improvements the lot coverage ratio will only be approximately 15 % . The revised Parking Plan for the Circle Apartments property yields a total of 744 parking spaces on site and on College owned land immediately adjacent to the Circle Apartments. This is nearly three times the amount of parking required for this number of beds per the Zoning Ordinance. The majority of this parking, 582 spaces, just over twice what is required per the Zoning Ordinance, is provided on the Circle Apartments site. The balance will be provided on land owned by Ithaca College immediately adjacent to the Circle Apartments . The increase in occupancy will have no significant adverse effect on traffic . This is the conclusion of the Traffic Study prepared by SRF & Associates in April , 2010 as part of the environmental review conducted by the Town Planning Board. Furthermore, the direct internal connector road between the Circle Apartments site and the Ithaca College Campus that was built as part of the 2002 addition to the property has significantly mitigated any potential traffic impact caused by increasing the number of occupants on the site. In fact 63 % of the morning peak traffic and 48 % of the evening peak traffic utilize this internal connector road and not Rte. 96B Finally, the management plan referred to above with its emphasis on strong programmatic and physical linkages to the College and a 24-hour presence on site by Ithaca College personnel has created a safer and quieter environment for the residents of the property and the surrounding neighbors. Clearly, all these components bring a greater level of commitment and stronger sense of community to this property. This benefits the Town of Ithaca in a number of ways, most particularly with respect to focusing this response to the College ' s housing demand on an already developed property with all the necessary infrastructure in place rather than on vacant land where this all would have to be recreated. Based on the above, we believe modifying the condition to the previously granted variance is warranted. 3 AREA VARIANCE — SIDE YARD REQUIREMENTS The Circle Apartments property is zoned Multiple Residence (MR) . The property abuts several other zoning districts on all sides of the property including High Density Residential , Medium Density Residential (MDR) and Low Density Residential (LDR) zones . The Zoning Ordinance requires that where a MR zone abuts these other zones the side yard in the MR zone must be two times the side yard requirement of the more restrictive zone. This requirement has been satisfied where the Circle Apartment site borders on the High Density Residential zone. It cannot be met where the property borders the Low Density and Medium Density Residential zones. The side yard requirement in the LDR zone is 40 feet . Thus the side yard requirement for buildings on the Circle Apartments site is 80 feet. The side yard requirement in the MDR zone is 15 feet. The required side yard in this instance is 30 feet . Attached is the proposed Site Plan for the Circle Apartment expansion. There are four buildings that are deficient with respect to the LDR setback requirement, three in the northeast section of the site along the east property line (labeled as A on the attached site plan) and one along the south property line (labeled B on the attached plan) . The proposed addition to Building I (labeled C on the attached plan) is also deficient relative to the side yard required in the MDR zone. During the planning and design of the proposed expansion of the project every effort was made to acquire additional land to the south and east of the Circle property where this side yard deficiency exists. However, after nearly a year of effort we were not successful . Since the College owns the land adjacent to where the side yard deficiency exists for the proposed addition, we believe there are extenuating circumstances that make this deficiency less of an issue. There are a number of factors the Zoning Board should consider regarding this request . If the premise of the increased set back requirement where a MR zone abuts a LDR zone is to protect development within the LDR from the higher density allowed in the MR zone then this condition does not necessarily apply to the three buildings in the northeast corner of the site. These buildings border property that is designated a Unique Natural Area. It is not likely that this property will be developed given this designation or if it is, it would be at a lower density factor. Thus the increased setback is not really necessary. Furthermore, since the area on the Circle site where these buildings will be built has already been significantly altered through re-grading and water runoff control efforts no environmental advantage is gained by excluding this area from development. It is already disturbed. Finally one floor of the proposed buildings in this area is essentially below grade. This combined with the slope of hill going east significantly reduces the visual appearance of these buildings from the uphill site. The one proposed building that is near the south property line does border the LDR zone where development is likely to occur. The proposed setback for this new building is consistent with the setback provided for one of the Phase 2 .buildings at the Circles Apartments. Changes in the Zoning Ordinance since the time this phase of the project was approved necessitate the increased set back. We believe the reduced setback, which incidentally only occurs on one corner of the building, the other corner being ninety feet away from the property line, is appropriate based on the master plan developed for the adjoining property. That plan calls for a sizable amount of open space between the development proposed for this site and the Circle Apartments . This will provide increased separation between the proposed new building on the Circle Apartments site 4 provide increased separation between the proposed new building on the Circle Apartments site and the proposed mix of housing types contemplated for the land to the south . Furthermore, this is the smallest new building proposed as part of this expansion containing only six dwelling units . It is also worth noting that the owner of this property has written a letter of support for the proposed expansion of the Circles that affects both of these locations — A on the east and B on the south . ( See letter attached) The proposed addition to Building 1 has a twenty foot side yard to the property line between the Circle Apartments and Ithaca College campus . A thirty foot side yard is required. However, as noted above, Ithaca College operates and maintains the Circle Apartments under the terms of a fifty year lease agreement. The two properties effectively operate as one. Thus in this context we believe this particular deficiency has no impact on any other property in the area. FACTS SUPPORTING THE AREA VARIANCE REQUEST The Town Zoning Ordinance states that the Board of Appeals in determining whether to grant an area variance shall consider "all the matters set forth in Town Law Section 267-b". This section of Town Law defines five criteria the Board will consider when granting an area variance that balances the benefit to the applicant versus the potential impact to the surrounding neighborhood. These criteria include : I . whether an undesirable change will be produced in the neighborhood or a detriment to a surrounding property created by granting variance; 2 . whether the benefit sought can be achieved by some other means than by a variance; 3 . whether the requested variance is substantial ; 4 . whether the proposed variance will have an adverse impact on the environment ; 5 . whether the alleged difficulty was self-created. What follows below is an analysis of the requested area variance relative to these criteria. • Undesirable change in the neighborhood The proposed expansion of the Circle Apartment site will not produce an undesirable change in the neighborhood. As can be seen from the attached aerial photograph where the new development has been inserted alongside the existing development, there is a virtual seamless transition between the existing and the new. As noted above the site is 30 . 5 acres. The increase from 150 to 212 apartments remains consistent with the original design premise of the project — buildings surrounded by large, open landscaped areas. Not only is the lot coverage ratio of 15 % less than the 30% allowed by Zoning, the density factor of one dwelling unit per 6, 300 sf of land is significantly more than the one dwelling unit per 3 ,500sf of land required by the Ordinance. While the requested change may create a slight increase in traffic, as fully documented in the Traffic Analysis prepared by SRF Associates as part of the environmental review for the Site Plan Approval process, there will be no significant adverse traffic impact as a result of the increased occupancy of Circle Apartments . The internal connector road constructed in 2002 has had a significant impact on reducing the amount of traffic using Rte. 96B (Danby Road) to get to campus. In addition, parking substantially in excess of what the Ordinance requires will be provided on both the Circle Apartment site and on College land immediately adjacent to the Circle Apartments. 5 The proposed Stormwater Management Plan submitted to the Planning Board includes expansion of existing stormwater facilities and the addition of a new stormwater management practice that will insure the post development water runoff from the site is no greater than the pre-development level . Finally, the strong on site management presence the College has on the Circle site will be enhanced with the increased occupancy. This will continue the positive impact the College has had on making the Circle Apartments a good neighbor to the residences along Danby Road . Given all of the above, no undesirable change will occur in the neighborhood as a result of this proposal . • Alternatives to the Requested Variance The proposed site plan for expanding the Circle Apartments builds on the original design premise of the project which is based on buildings surrounded by large open , landscaped areas . The new buildings are either inserted between existing buildings or, in the case of the small , two bedroom buildings near the front entrance to the property, making better utilization of the site within the parameters of the Town Zoning Ordinance. The exception relative to full compliance with the Ordinance is the increased set back requirement for those buildings that are near the LDR zone that adjoins the property on the south and east . As noted above, a substantial effort was made to acquire land from the adjoining property owner but this was not successful . More units could be added on smaller building footprints if the Ordinance would allow for buildings taller than 36 feet, but it does not. More units could also be added if land were available north of the Circle Apartments on the Ithaca College campus, but land is not available as this area is fully developed with athletic playing fields. Given the College ' s substantial housing demand and the ability to respond to that demand on an existing developed site with all the necessary supporting infrastructure in place, we believe the proposed expansion is the most feasible, environmentally responsible proposal with little to no impact on the surrounding properties. • Size of the Variance The project design team has carefully evaluated all possible new building locations relative to the basic design principal that has determined the layout of all the buildings on the site. The concept of providing large open green space around these buildings is crucial to the student orientation of this project. It provides space for students to socialize and spend time outdoors immediately outside their apartments . This then places buildings around the periphery of the site. While the increased setback requirement particular to the MR zone can be met on the west side of the property, where notably there are existing single family residences, it cannot be met on the other sides where there is just vacant land (south and east) or the Ithaca College campus (north) . The buildings in these locations have been sited to keep them as far as practicable from the property line. However, compliance with the eighty foot requirement on the south and east would eliminate these buildings and substantially reduce the number of units proposed. On the other hand, the proposed thirty foot setback still provides significant space separation between the properties, especially on the south side where this deficiency only exists on one corner of the proposed building (see plan with Detail B attached) . Compliance on the north, which is the College campus side of the site, is an issue for only one of three buildings proposed along this property line. Given the nature of the long term lease between Ithaca College and College Circle Associates, this is not considered significant as the properties are effectively viewed as one. As 6 such this variance is not substantial and is the minimum variance necessary to accomplish the applicant ' s objectives with little to no impact on the nearby properties. • Impact on the Environment The proposed project is the subject of an expanded Long Environmental Assessment Form (LEAF) that includes a traffic study, environmental assessment for the undeveloped portions of the site, a wetland delineation study and density analysis . The Planning Board as the Lead Agency for the environmental review of the proposed project, which includes the requested area variances, made a negative declaration of environmental significance. This means that, in their view as the Lead Agency, having studied the proposed site plans and all the studies conducted as part of the environmental review, the Town Planning Board has concluded that the project as proposed will not have a significant impact on the environment. Furthermore, as noted above, the ` infill ' development approach to building out this project reduces the pressure to develop undisturbed, vacant land in the Town and reduces pressure to convert single family houses to student rentals in both the Town and City of Ithaca, thereby preserving the larger South Hill neighborhood. • Self Created Hardship The Multiple Residence zoning district is limited to the Circle Apartments site. And, as noted above, efforts to obtain additional land has proved to be impossible. Thus, an opportunity for expanding the supply of student housing in this area on a site that is appropriately zoned and has all the supporting infrastructure does not exist . The proposed site plan has been developed in a manner consistent with original design premise of the project that preserves as much open space as possible around each of the buildings on the site. While in a strict sense the need for the requested side yard variance may be self created, we maintain that this is offset by the numerous positive environmental and neighborhood considerations described above. In the context of all five factors that the Zoning Board will consider we believe the requested side yard variance is not only the minimum variance possible and still meet the objective of increasing the number of units available to address the College ' s housing need, but also one that accomplishes this without any significant impact to the character of the surrounding neighborhood or quality of the environment. Thus, while the difficulties may be self-imposed, we believe we have met the other aspects of the balancing test that justify the granting of the requested variance. AREA VARIANCE TO ALLOW PARKING WITHIN THE REQUIRED MULTIPLE RESIDENCE SIDE YARD The attached proposed site plan for the Circle Apartment expansion includes the construction of additional parking spaces along the north property line and within the required side yard between the Circles and the Ithaca College campus. The Ithaca College campus is zoned Medium Density Residential (MDR) . The Multiple Residence Zone requires a buffered set back between the MR zone and the MDR zone. While the Planning Board has the authority to allow parking within a side yard, it cannot allow parking within a required buffer area. Thus the need for an area variance from the Zoning Board. This proposed parking is an expansion of a parking lot constructed in 2003 after the Zoning Board granted a similar area variance. This application requests that the Zoning Board once again grant the same area variance that would allow the construction of nineteen parking spaces 7 within the required buffered set back between the Circle Apartments and the Ithaca College campus . FACTS SUPPORTING THE AREA VARIANCE REQUEST Undesirable Change in the Neighborhood The proposed addition to the existing parking lot will not produce an undesirable change in the neighborhood. There are only two properties involved and impacted by this request — the Circle Apartments site and the Ithaca College campus. Ithaca College effectively controls both and is the beneficiary of the requested variance. Upon completion, the addition to the parking lot will be viewed as a continuation of the normal development of supporting infrastructure on campus and be seen as one entity. Alternatives to the Requested Variance Additional parking is required to support the increase occupancy of the Circle Apartments and this parking needs to be reasonably proximate to the units they are intended to serve. There are no other appropriate locations to provide this parking. Furthermore, as this area is already developed as parking and has the necessary infrastructure to support it (stormwater detention facilities, access to electric power for lighting, etc. ) it is the most logical and efficient location to develop for additional parking. Size of the Variance The total proposed additional parking spaces to be constructed as part of the Circle Apartments expansion is 177 spaces . Only 19 of these spaces require the requested variance. This is not substantial and is the minimum variance necessary to accomplish the objective of providing an adequate supply of parking. Impact on the Environment As noted above the Planning Board as Lead Agency for the environmental review of this project conducted a thorough review of the potential environmental impacts of the proposed expansion of both buildings and parking at the Circle Apartments . The Planning Board determined that the project, including the construction of the parking spaces that are the subject of this variance request, would have no significant environmental impact. Self Created Hardship As no reasonable alternative exist to supply the necessary parking in support of the additional housing on the Circle Apartment site and since the area in question is already developed with parking we believe the proposed expansion of parking in this location is the most practical and environmentally responsible approach to expand the supply of parking. In addition, the proposed expansion will have no impact on the neighborhood as the site is internal to the Circle property and College campus. Thus, in the context of all five factors that the Zoning Board will consider we believe the requested area variance is not only the minimum variance possible and still meet the objective of increasing the supply of on site parking but also one that accomplishes this without any significant impact to the character of the surrounding neighborhood or quality of the environment . While the difficulties may be self-imposed, we believe we have met the other aspects of the balancing test that justify the granting of the requested variance. 8 REQUEST FOR AN INTERPRETATION REGARDING OFF SITE PARKING The Circle Apartments property is zoned Multiple Residence (MR) . The parking requirement in the MR zone is one parking space for each dwelling unit plus one parking space for every three dwelling units . Upon completion of the proposed expansion of the project there will be 212 dwelling units on the Circle Apartment site. Thus the zoning required parking is 282 parking spaces . The proposed site plan for the Circle Apartments expansion provides 582 parking spaces on the Circle Apartments property. This is two times the required number of parking spaces . There is no zoning based parking deficiency at the Circle Apartments . However, it is recognized that parking demand by students is significantly different than parking demand generated by a family. We find that approximately 70% of students residing at the Circle Apartment own cars. Since the Circle Apartments are on a long term lease to Ithaca College, the College has agreed to the construction of parking spaces on land immediately adjacent to the Circle Apartments site that are available for use by the student residents of the Circles. This Board granted a variance for this use in 2003 . We are asking the Board in this application to first consider whether such a variance is in fact necessary. Factors to consider relative to this interpretation include: 1 . As noted above, there is no zoning based parking deficiency on the Circle Apartments site. The Zoning Ordinance requires 282 parking spaces for the 212 apartments. 582 parking spaces are provided. 2 . The Circle Apartments are operated and managed by Ithaca College pursuant to the terms of a 50 year lease agreement for the exclusive use by Ithaca College students. 3 . The Circle Apartments property is contiguous to the Ithaca College campus along the north Circle Apartments property line. 4 . Ithaca College has constructed a connector road between the Circle Apartments and the Ithaca College campus which has parking spaces on each side. 5 . These parking spaces are designated "Red" area parking by the College and is one of several such designated parking lots on campus . 6 . Ithaca College students residing at Circle Apartments are issued "Red" parking permits . This permit entitles these students to park in any "Red" designated zone on campus, including the parking spaces along side the connector road immediately adjacent to the Circle Apartments . Given these set of facts, we believe a use variance for these parking spaces should not be necessary since the College ' s management of these spaces is no different that any other similarly designated parking lot. 9 USE VARIANCE REQUEST In the event the Zoning Board of Appeals determines a use variance is necessary for the construction of the proposed parking spaces on the Ithaca College campus for use by Ithaca College students residing at the Circles Apartments we request that the Board consider this use variance request . This request is presented relative to the criteria the Zoning Board will use in deciding whether or not to grant the use variance . Economic Hardship The lack of adequate parking will have serious financial implications to the long term economic viability of the Circle Apartments. The Circle Apartments, precisely because it offers apartment style, independent living for juniors and seniors, attracts a population with a relatively high rate of car ownership . As a very mobile segment of the student housing market, these students can rent anywhere in the area. Thus it is a very competitive and therefore cost sensitive segment of the market . Unless a full array of services are provided, including access to conveniently located parking, the College faces the prospect of losing potential residents. This clearly would significantly affect the cash flow generated by the property. Any reduction in cash flow has serious implications for the College since it provides at this property more services to its student residents than other comparable properties. These services include a full time, on site staff consisting of both personnel from Residence Life and the Office of Facilities, regular patrols by Campus Safety, an approximately 10,000 square foot Community Building with laundry facilities, a fitness center, meeting rooms, campus mail service and outdoor patio space. These services have been absolutely essential in creating the positive atmosphere that currently exists at the Circles and that has been responsible for improving the quality of life for neighboring property owners. Clearly the expense of supporting this operation is significant. It requires that the property operate at 100% occupancy. Even a 5 % vacancy at the Circles would mean a significant reduction in income relative to these expenses. Without adequate and conveniently located parking that would potentially increase the vacancy factor at the Circles, an income and expense imbalance would be created that will negatively impact the financial viability of the property. The Hardship is Unique The extent of the Multiple Residence zoning district is limited to just the Circle Apartment property. There is no other Multiple Residence zone in this part of South Hill . Similarly, the Medium Density Residential zoning district is limited to the Ithaca College campus in this same area. The surrounding properties are either all single family residences or vacant land that is zoned Low Density Residential. The economic hardship described above is unique to this property and does not apply to any other portion of the neighborhood. The Character of the Neighborhood The requested use variance will allow Ithaca College students residing at the Circle Apartments which is operated and managed by Ithaca College under the terms of a 50 year lease agreement to park on the Ithaca College campus immediately adjacent to the Circles property. As a practical matter and from a design perspective, the Circle Apartments and the Ithaca College campus are virtually indistinguishable from one another. The requested use variance will not alter this condition and therefore will not alter the essential character of the neighborhood. 10 The Hardship is not Self-Created In terms of a use variance the economic hardship described above is not self-created. The underlying condition relative to this request is the nature of the parking that the College proposes to develop on that portion of campus immediately adjacent to the Circles Apartments. The College has established a parking permit scheme that entitles holder of a certain permit to park in specifically designated areas . Ithaca College students residing at the Circle Apartments are issued ` Red ' parking permits. There are a number of ` Red" parking lots on the Ithaca College campus. The proposed new parking on campus and immediately adjacent to the Circle Apartments will be a designated ` Red ' parking lot, thus entitling Circle residents to park there. We have noted that there is no zoning based parking deficiency at the Circle Apartments. There is a practical shortage that affects the economic viability of the property. An inability for the College to use its normal allocation system for on campus parking, especially in this unique context (long term lease providing for the exclusive use of the property by Ithaca College students) creates a hardship not entirely attributable to the College and therefore not self-created. 11 Zoning Or. l , wp511znn, 12/3/97 relocated so as to comply with these requirements . The provisions of this Section shall not apply when a portion of a lot is taken for a public purpose . SECTION 68 . More than One Building on a Lot . Other than in a multiple residence district , there shall not be more than one principal building on any lot in any residential district . When there is more than one principal building on a lot in any non-residential district or in a multiple residence district , the space between such buildings must be at least equal to the sum of the side yards required by such buildings or the sum of the rear and the front yards as the case may be . In an agricultural district, where a lot is used or occupied primarily for non-agricultural purposes , there shall not be more than one principal building on such lot . In an agricultural district where a lot is used primarily for agricultural purposes , there shall be no more than one principal building for each 30 , 000 square feet of lot area and no more than one non-agricultural principal building (e . g . a residence as opposed to a barn) on each 30 ,000 square feet of lot area . SECTION 69. Parking Facilities . Every building housing or designed to house more than 2 families shall provide in connection with it and on the same lot garage space or off-street parking space for automobiles equivalent to the number of dwelling units provided in such dwellings . No automobile parking area shall be included in any front yard , except for a lot with a single dwelling , housing not more than 2 families . The following uses shall be provided with off-street parking facilities : 1 . School or other educational institutions - 2 spaces for each class room . 2 . Hospital sanitarium or nursing or convalescent home - 1 space for each 2 beds . 3 . Medical clinic - 4 spaces for each doctor , or for each office in which a medically-trained person is regularly in attendance , whichever figure is larger. 4 . Rooming, house or tourist house - 1 space for each room offered to rent . 5 . Fraternity or sorority house or membership club - 1 space for each 4 beds , or one space for each 5 members , whichever figure is larger . SECTION 70 . Extraction or Deposit of Fill and Related Products . 1 . In any district no more than 50 cubic yards of fill , sod , loam , sand , gravel , stone or similar materials (hereinafter referred to collectively as " fill " ) shall be deposited or removed or offered for sale in any one year , except in connection with a public work on the property or the removal of silt or other recently accumulated material that blocks a normal flow of a water course , without the special approval of the Board of Appeals . 2 . In applying for such approval , the applicant shall submit to the Board a plan of the proposed project, showing property lines , and adjacent public ways , grades and depths of proposed deposit or removal , soil types or fill types to be deposited or removed , erosion control during and after construction , projected duration of project , proposed 78 FILE DATE ZB RESOLUTION NO . 2003 - 066 : Ithaca College and College Circle Associates , Ithaca College Campus and College Circle Apartments , Town of Ithaca Tax Parcel Nos . 42 , =1 w1l 129 43 . -1 -2 . 2 and 43 . -1 -2 . 3 Residence District R-15 and Multiple Residence zones . MOTION made by Kirk Sigel , seconded by Andrew Dixon . RESOLVED that this Board grants the appeal of Ithaca College and College Circle Associates , LLC/South Hill Land Associates , LLC , Appellants , Vincent Nicotra , QPK Design , Agent , requesting variances from Article IV , Section 11 and 12 and Article VI , Sections 27 , 28 , and 29 of the Town of Ithaca Zoning Ordinance , to permit the construction of a parking lot to serve multiple residences with said parking being located in an R- 15 zone , where it is otherwise not permitted and within the side yard setback of the multiple residence zone , where it is otherwise prohibited , at the Ithaca College campus and College Circle Apartments , Town of Ithaca Tax Parcel Nos . 42 . - 1 - 13 . 2 , 43 . - 1 -2 . 2 , and 43 . - 1 -2 . 3 , Residence District R- 15 and Multiple Residence zones . FINDINGS : 1 . The requirements for an area variance have been satisfied . CONDITIONS : 1 . The applicant submit a copy of an agreement indicating that the parking lots being built are to be used for the benefit of College Circle Apartments for a period of at least 20 years . 2 . The parking lots be constructed as indicated on the plans submitted by the applicant . 31- . The variance allows- 101 spaces as defined in the Ordinance , but the Zoning Board grants authorization for applicant to stripe as many as 107 smaller spaces at 8 . 5 x 20 , as opposed to 9 x 20 . The vote on the a MOTION resulted as follows : AYES :. Sigel , Ellsworth, Krantz , Niefer; Dixon NAYS : NONE The MOTION was declared to be carried unanimously. 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 20th day of October 2003 , Deputy Town Clerk Town of Ithaca RESOLUTION NO . 2002= 14 - JMS Realty, 1033 Danbv Road , Town of Ithaca Tax Parcel No. 43 .= 1 -2. 2 and 43.- 1 -2 .3, April 15 , 2002. MOTION made by Harry Ellsworth , seconded by Ronald Krantz . RESOLVED, that this board grants the appeal of JMS Realty , requesting modifications to previously granted approvals for the College Circle Apartments from January 24 , 1990 and variances from Article VI , Section 26 and 29 , and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to permit an increase in the number of persons allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road , Town of Ithaca Tax Parcel No . 43- 1 -2 . 2 and 2 . 3 in a Multiple Residence Zone based upon the following : Findings : The requirements for an area variance have been met. Conditions : All conditions imposed by the planning board in their Resolution No . 2002-33 are also included as conditions of this resolution . The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Stotz , Krantz , Niefer. NAYS : None . ABSTAIN : None . The motion was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA. 1 , Carrie Whitmore , 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 April 2002 . Town Clerk/Deputy Town Clerk Town of Ithaca ADOPTED RESOLUTION : RESOLUTION NO . 2002=33 Preliminary and Final Site Plan Approval College Circle Apartments Phase 2 1033 Danby Road Town of Ithaca Tax Parcel No. ' s 43- 1 -2.2 and 43= 1 -2 .3 Planning Board , April 2 , 2002 MOTION made by Rod Howe , seconded by Tracy Mitrano . WHEREAS . 1 . This action is consideration of Preliminary and Final Site Plan Approval for the proposed modifications to the approved site plan for development at College Circle Apartments located at 1033 Danby Road , Town of Ithaca Tax Parcel No . ' s 43- 1 -2 . 2 and 43- 1 -2 . 3 , Multiple Residence District . The proposed development includes the construction of 60 apartments that were previously approved by the Town in 1988 , with some proposed modifications to the parking , building layout and circulation . The proposal also includes a community center building , Ithaca College campus integration infrastructure and a request for additional apartment occupancy . Ithaca College proposes to enter into a long -term agreement with Integrated Acquisition and Development to operate and maintain the College Circle Apartments as campus student apartment housing . J . M . S . Reality, Owner; Integrated Acquisition & Development Corp . , Applicant, and 20 This is a Type I Action for which the Town of Ithaca Planning Board , acting as lead agency in environmental review with respect to Site Plan Approval , has , on March 5 , 2002 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1 , submitted by the applicant, and a Part 11 prepared by Town Planning staff, and 3 . The Planning Board , at Public Hearings held on March 5 , 2002 and April 2 , 2002 , has reviewed and accepted , drawings and details included within the bound submission titled "Site Plan Approval Submission — College Circle Phase 2 , " dated February 5 , 2002 , "Supplemental Information , " dated March 12 , 2002 , and " Final Site Plan Submission , " dated March 25 , 2002 , and other application material , and NOW THEREFORE BE IT RESOLVED . 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval , as shown on the checklists , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board , and 20 That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed modifications to the approved site plan for development at College Circle Apartments located at 1033 Danby Road , Town of Ithaca Tax Parcel No . ' s 43- 1 -2 . 2 and 43- 1 -2 . 3 , as shown on drawings and detail sheets included within the bound submission titled "Site Plan Approval Submission — College Circle Phase 2 , " dated February 5 , 2002 , "Supplemental Information , " dated March 12 , 2002 , and " Final Site Plan Submission , " dated March 25 , 2002 , and other application material , subject to the following conditions : a . Submission of a revised Planting Plan for approval by the Director of Planning , to include native , non - invasive plantings on the eastern edge of the site to provide a buffer with the neighboring property , prior to issuance of any building permits ; b . That any blasting on the site shall occur only on weekdays between the hours of 8 am and 5 pm ; c . That a routing plan for trucks hauling material off of the site shall be submitted for review and approval of the Town Engineer, prior to issuance of any building permits, and that such truck traffic shall occur only on weekdays between the hours of 8 am and 5 pm ; d . Submission of record of application for and approval status of all necessary permits from county , state , and/or federal agencies , prior to issuance of any building permits ; e . Submission of an agreement , prior to the issuance of any building permits , satisfactory to the Director of Engineering and the Attorney for the Town pursuant to which Ithaca College and the Developer agree to maintain the stormwater diversion detention and piping facilities on their respective properties together with an agreement to the Town allowing it to repair any damage to or remove obstructions from any such facility and back charge the costs of such activities to the landowner where the problem needed to be corrected ; f . Submission of an original of the final site plan on mylar, vellum or paper, to be retained by the Town of Ithaca , prior to the issuance of any building permits ; g . Obtaining the necessary variance regarding reduction in size of parking spaces , prior to issuance of any building permits ; h . Construction of the drainage channel and culvert shown on sheet C503 to be completed to the satisfaction of the Director of Engineering , prior to the beginning of any other site work that will divert water to such channel and culvert. i . Submission of an agreement satisfactory to the Attorney for the Town and the Town Director of Engineering , pursuant to which Ithaca College grants appropriate drainage easements over properties owned by Ithaca College that are necessary for the construction and maintenance of the drainage facilities for the project. AND BE IT FURTHER RESOLVED : 1 . That the Planning Board hereby approves the requested increase in total occupancy of the 149 apartment units in the College Circle development from the previously approved 600 persons to a total not to exceed 750 persons , subject to the following conditions , and recommends that the Zoning Board of Appeals act favorably on the same request for increase in occupancy: a . Obtaining approval for the same increase in occupancy from the Zoning Board of Appeals (as a modification of the ZBA' s condition in the variance which was granted in 1990) ; and b . Ithaca College submitting plans to this Board and obtaining the necessary approvals for the Town and any other government agencies from which approvals may be required for the proposed new connector road to provide full vehicular, pedestrian and bicycle access between College Circle and the Ithaca College campus , and completion of construction of said connector road to the satisfaction of the Town Engineer, prior to the issuance of any certificates of occupancy for any buildings in Phase 2 of the College Circle apartments ; and c . Submission of evidence of a signed long-term agreement between Ithaca College and Integrated Acquisition & Development Corp . committing to Ithaca College ' s leasing , management, and supervision of the College Circle Apartments as campus housing ( as described in the College Circle Site Plan Approval Submission dated Feb . 5 , 2002) , with the contingency that if Ithaca College chooses to terminate or change its agreement with Integrated Acquisition & Development (or a successor owner) relative to its involvement in , management of , and supervision of the College Circle Apartments , then the maximum occupancy of the project shall be reduced to no more than 690 persons , provided that Integrated Acquisition & Development Corp . (or a successor owner) provides management controls on the occupants similar to those provided by Ithaca college and as further described in the "Site Plan Approval Submission , College Circle Phase 2 , Supplemental Information , March 12 , 2002 , " (e . g . at least one on site full time resident director and at least one resident manager for every 125 occupants) compliance with such provisions to be confirmed by the Planning Board upon review at that time ; if such controls are not in place , the occupancy shall be reduced to no more than 600 persons ; all without prejudice to the developer to apply for occupancy of up to 750 persons , if it is so advised and if the Zoning Board of Appeals permits such increased occupancy. AND BE IT FURTHER RESOLVED : 1 . That the Town of Ithaca Planning Board hereby finds that the requested reduction in size of parking spaces from the required 180 square feet to requested dimension of 8 '/2' x 18' is appropriate for the College Circle development, and recommends that the Zoning Board of Appeals act favorably on this request . The vote on the motion resulted as follows : AYES : Wilcox , Hoffmann , Conneman , Mitrano , Howe , Talty . NAYS : None . ABSTAIN : None . The motion was declared to be carried unanimously . I , Carrie Whitmore , Town Glerl4Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 2nd day of April 2002 . Town Deputy Town Clerk Town of Ithaca J%�mG/7 V o TO as June 15 2010 R �J JUN 15 2010 Mr. Fred Wilcox, Chairman TOWN OF ITHACA Town of Ithaca Planning Board PLANNING ENGINEERING 215 N . Tioga St. Ithaca, New York 14850 Re : College Circle Site Plan Approval Dear Mr. Wilcox : I would like to express my support for the current proposal to add units to the College Circle complex . As you know I am actively planning and marketing a commercial corner known as College Crossings and hope to propose additional commercial/residential properties between College Circle and College Crossings. Accordingly, I have spoken to Ithaca College about reserving a right of way for vehicles, bicycles, and pedestrians from the College Circle entrance drive south to my property line . This will allow internal vehicle and pedestrian movement from the College Circle complex to College Crossings with far less short and disruptive traffic movements on and off high speed Route 966 . In addition , the pedestrian/bikeway access will help to promote a complete walking/biking opportunity from College Crossings to the Ithaca College campus and the City without having to hazard moving relatively exposed and unprotected along the Route 96B corridor. I am including a rough idea of such a connection that I wish the Planning Board would consider including in any final approval given for the current College Circle project. Sincerely, '&'J Evan Monkemeyer 4 FT[ .JUN :15 2010 `:ow I THACA LAN ING / ENG EERING CIRCLE E v�H�c�'�N �i \o 0 0 0 0 0 J y U CY FILE DATE PB RESOLUTION No. 2010=047. SEAR Circle Apartments Expansion 1033 Danby Road Tax Parcel No. ' s 43= 1 -2.2, 43-1 -2.3 and 41 =1 -30.2 Town of Ithaca Planning Board , June 15, 2010 Moved by Rod Howe ; seconded by John Beach WHEREAS: - - - - - 1 . This action is consideration of Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road ( NYS Route 96B) , Town of Ithaca Tax Parcel No. 's 43- 1 -2 . 2 , 43- 1 -2 . 3 and 41 - 1 -30 .2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings ( net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces . The project will also include an expansion of two existing storm water detention basins , new walkways and drives , and landscape improvements . College Circle Associates , LLC and Ithaca College . Owners/Applicants ; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 2 . This is a Type I Action for which the Town of Ithaca Planning Board has indicated its intent to act as Lead Agency in a coordinated environmental review, and 3 . The Planning Board , on June 1 , 2010 and June 15 , 2010 , has reviewed . - the following documents and on June 15 , 2010 has accepted these documents as adequate : a Full - Environmental Assessment Form Part I , submitted by the applicant, and - Part It prepared by Town Planning staff, two bound packets containing plans , details and other information titled " Preliminary Site Plan Submission - Circle Apartments Expansion" and. . "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30 , 2010 , prepared by Integrated Acquisition & Development Corp . , Ithaca College , T. G . Miller P . C . , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" ( Sheet C403) , "Overall Site Plan" ( Sheet L- 101 ) , "Planting Plan - Area 2" ( Sheet L- 103) , "Planting Plan - Area 3" (Sheet L- 104) , dated 04/30/ 10 and revised 06/07/ 10, prepared by T. G . Miller P . C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " ( Sheet SS-A) , "Townhouse Building and Slope Section B- B1 " ( Sheet SS- B) , and " Townhouse Building and Slope Section Key Plan " (Sheet SS-C ) , dated 06/08/ 10 , prepared by QPK Design ; other application material , and comments submitted by involved agencies , and 4 . The Town Planning staff has recommended a negative determination of environmental significance; NOW THEREFORE BE IT RESOLVED : That the Town of Ithaca Planning Board , having received no objections from other Involved Agencies , hereby establishes itself as Lead Agency to coordinate the environmental review of the above described actions ; AND BE IT FURTHER RESOLVED. That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed , based on the information in the EAF Part I and for the reasons set forth in the EAF Part It , and , therefore , a Draft Environmental Impact Statement will not be required . A vote on the motion was as follows: __ -- - - - -- - -- AYES : Wilcox , Conneman , Beach , Bosak , Talty, Howe , Erb NAYS : None The motion was declared to be unanimous . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA . I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact Copy of the same adopted by the Town of Ithaca Planning Board at a regular meeting on the day bt-- -- , 2010. F4:st- Depu�10wn Clerk FILE DATE PB RESOLUTION No. 2010-048 : Preliminary Site Plan Approval Circle Apartments Expansion 1033 Danby Road Tax Parcel No . ' s 43- 1 -2.2, 43=1 -2 .3 and 41 - 1 -30.2 Town of Ithaca Planning Board, June 15, 2010 Moved by Kevin Talty ; Seconded by George Conneman WHEREAS : 1 . This action is consideratioh - of Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road ( NYS Route 96B) , Town of Ithaca Tax Parcel No . 's 43- 1 -2 . 2 , 43- 1 -2 . 3 and 41 - 1 -30 . 2 , Multiple Residence and Medium Density Residential Zones . The project includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings ( net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces . The project will also include an expansion of two existing storm water detention basins , new walkways and drives , and landscape improvements . College Circle Associates , LLC and Ithaca College . Owners/Applicants ; Herman Sieverding , AICP , Integrated Acquisition & Development Corp . , Agent, and 2 . This is a Type I Action for which the Town of Ithaca Planning Board , acting as lead agency in a coordinated environmental review, has , on June 15 , 2010 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I , submitted by the applicant, and a Part II prepared by Town Planning staff, and 3 . The Planning Board , at a Public Hearing held on June 15 , 2010 , has reviewed and accepted as adequate , two bound packets containing plans , details and other information titled "Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30 , 2010 , prepared by Integrated Acquisition & Development Corp . , Ithaca College , T. G . Miller P . C . , and QPK Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" ( Sheet C403) , "Overall Site Plan" ( Sheet L- 101 ) , "Planting Plan — Area 2" ( Sheet L- 103) , "Planting Plan — Area 3" ( Sheet L- 104) , dated 04/30/ 10 and revised 06/07/ 10 , prepared by T. G . Miller P . C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " ( Sheet SS-A) , "Townhouse Building and Slope Section B- B1 " ( Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan " (Sheet SS-C) , dated 06/08/ 10 , prepared by QPK Design ; other application material , and comments submitted by involved agencies , NOW THEREFORE BE IT RESOLVED . 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Site Plan Approval , as shown on the Preliminary Site Plan Checklists , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board , and 2 . That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed Circle Apartments Expansion project located at 1033 Danby Road , Town of 'v- Ithaca Tax Parcel No . 's 43- 1 -2 . 2 , 43- 1 -2 . 3 and 41 - 1 -30 . 2 , which includes the demolition of four existing apartment buildings (32 bedrooms) along with the removal of existing parking on the property to allow for the construction of 78 four bedroom apartment units in nine new buildings ( net increase of 280 bedrooms) , construction of an approximately 2 , 500 square foot expansion to the Community Building , and a net addition of 85 parking spaces. The project will also include an expansion of two existing storm water detention basins , new walkways and drives , and landscape improvements , as shown in the two bound packets containing plans , details and other information titled " Preliminary Site Plan Submission — Circle Apartments Expansion" and "Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities at Circle Apartments Expansion" , dated April 30 , 2010 , prepared by Integrated Acquisition & Development Corp . , Ithaca College , T. G . Miller P . C . , and QPK _ Design ; revised drawings titled "Grading Plan" (sheet C303) , "Utility Plan" ( Sheet C403) , "Overall Site Plan" ( Sheet L- 101 ) , . " Planting Plan — Area 2" (Sheet L- 103) , " Planting Plan — Area 3" ( Sheet L- 104) , dated 04/30/ 10 and revised 06/07/ 10 , prepared by T. G . Miller P . C . , and QPK Design ; drawings titled "Townhouse Building and Slope Section A-A1 " ( Sheet SS- A) , "Townhouse Building and Slope Section B- 131 " ( Sheet SS- B) , and "Townhouse Building and Slope Section Key Plan " ( Sheet SS-C) , dated 06/08/ 10 , prepared by QPK Design ; and other application material , subject to the following conditions to be incorporated prior to Final Site Plan Approval , unless otherwise indicated : a . granting of the necessary variances from the Town of Ithaca Zoning Board of Appeals , prior to Final Site Plan Approval , and b . submission of record of application for and proof of receipt of all necessary permits from any county , state , and/or federal agencies , prior to issuance of any certificate of occupancy, and c . submission and execution of an updated stormwater "Operation , Maintenance , and Reporting Agreement" between the property owner and the Town of Ithaca , satisfactory to the Attorney for the Town and the Town 's Public Works Department, prior to issuance of any certificate of occupancy , and d . all buildings being demolished will require individual demolition permits from the Town of Ithaca Building Department , and e . submission of revised plans to include locations of additional bike racks, along with necessary details of the bike racks , and to show the proposed asphalt walk on the southern edge of the property with a minimum width of 8 feet, prior to Final Site Plan Approval , and f . submission of the results of the jurisdictional interpretation , or other information , regarding the proposed wetland disturbance on the northeast side of the property, including any necessary modifications and/or appropriate mitigation plans , prior to Final Site Plan Approval , and g . submission of materials outlining how the area of rare and scarce plants on the north edge of the property will be protected and enhanced , including at a minimum repairing and plans for future maintenance of the existing fence and thinning of some of the trees , or other methods , prior to Final Site Plan Approval , and h . submission of a truck hauling plan for all non-demolition material being removed from the site , to be reviewed and approved by the Town of Ithaca Public Works Department , prior to issuance of any building permits , and 2 i . submission of revised stormwater management plans to incorporate any modifications required by the Town of Ithaca Public Works Department, prior to Final Site Plan Approval , and j . that the SWPPP be reviewed and approved by the Town of Ithaca Public Works Department prior to the issuance of any demolition or building permit, and k . determination by NYSDOT as to whether any additional intersection improvements at the Circle Apartments entrance will be required , and if so, incorporation of any such improvements into the Final Site Plan submission , and 1 . submission of an easement agreement between Ithaca College and College Circle Associates , LLC to allow the parking areas being constructed on Ithaca College property to be used by the residents of Circle Apartments, for review and approval of the Attorney for the Town , prior to issuance of any building permits , and m . submission of a revised planting plan for Area 5 ( Sheet L- 106) showing shrubs and several varieties of trees to be planted near the Layton property line , and showing additional plantings to screen the west and southwest sides of the parking lot located on the north of the entrance road , prior to Final Site Plan Approval , and n . submission of an Agreement satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, pursuant to which Ithaca College grants appropriate revised or additional drainage easements over properties owned by Ithaca College that are necessary for the construction and maintenance of the drainage facilities for the project , prior to issuance of any building permits , and o . construction activities shall not commence before 7 a . m . and shall cease by 7 p . m . and shall not occur on Sundays . AND BE IT FURTHER RESOLVED : That the Town of Ithaca Planning Board hereby authorizes , according to Section 270-227 (A) (4) of the Town Code , the standard 180 square foot parking space to be reduced to no less than 170 square feet, finding that the applicant has demonstrated good cause for the reduction and that the current situation using 170 square foot spaces has worked for the remainder of the property. AND BE IT FURTHER RESOLVED : 1 . That the Town of Ithaca Planning Board hereby approves the requested increase in total occupancy of the 212 apartment units in the Circle Apartments development from the previously approved 750 persons to a total not to exceed 1 , 030 persons , subject to the following conditions , and recommends that the Town of Ithaca Zoning Board of Appeals act favorably on the same request for increase in occupancy: a . obtaining approval for the same increase in occupancy from the Town of Ithaca Zoning Board of Appeals (as a modification of the ZBA's condition in the variance which was granted in 1990 and modified in 2002) , prior to Final Site Plan Approval , and b . submission of evidence of a revised signed long-term agreement between Ithaca College and College Circle Associates , LLC committing to Ithaca College's leasing , management, and supervision of the Circle Apartments as campus housing , including the newly constructed units , with the contingency that if Ithaca College chooses to 3 1 11 terminate or change its agreement with College Circle Associates , LLC (or a successor owner) relative to its involvement in , management of , and supervision of the Circle Apartments, then the maximum occupancy of the project may remain at 1030 persons , provided that College Circle Associates , LLC (or a successor owner) provides management controls on the occupants similar to those provided by Ithaca College regarding security, on-site full-time resident directors and on-site resident managers , compliance with such provisions to be confirmed by the Planning Board upon review at that time ; if such controls are not in place , the occupancy shall be reduced to no more than 880 persons; all without prejudice to the developer to apply for occupancy of up to 1 , 030 persons, if it is so advised and if the Town of Ithaca Zoning Board of Appeals permits such increased occupancy. A vote on the motion was as follows : AYES : Wilcox , Conneman , Beach , Bosak , Talty, Howe , Erb NAYS : None The motion was declared to be unanimous . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA * I, Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy,. of the same adopted by the Town of Ithaca Planning Board at a regular meeting on the J day of r , 2010. First DeputTown Clerk 4 TOWN OF 1THACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, OCTOBER 20, 2003 7 : 00 P.M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, October 20, 2003 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P .M . on the following matters: APPEAL of Scott Flatt, Appellant, requesting variances from the requirements of Article IV, Section 16 of the Town of Ithaca Zoning Ordinance, to be permitted to create, by subdivision, a parcel of land with road frontage of 27 ± feet (60 foot frontage required) and 27 feet at the maximum front yard setback ( 100 foot width required) at 1020 Hanshaw Road, Town of Ithaca Tax Parcel No. 71 - 1 -66 .2, Residence District R- 15 . Furthermore, a request for a variance from the requirements of Section 11 .2 is being made to create a two-family home with each dwelling unit having an equal floor area. APPEAL of Charlene Temple, Appellant, requesting a special approval from the Zoning Board of Appeals under Article XIII, Section 54 and variances from Article IV, Section 14 and Article XIII , Section 57 of the Town of Ithaca Zoning Ordinance, to be permitted to add a second dwelling unit in a non-conforming building/lot, and to construct a front yard building addition with a setback of 18 ± feet (25 foot setback required) at 246 Renwick Drive, Town of Ithaca Tax Parcel No. 17-3 -8 , Residence District R-30. APPEAL of Lisa Wapen, Appellant, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to reside in a single-family residence while constructing a separate single- family residential building at 138 Ridgecrest Road, Town of Ithaca Tax Parcel No. 45- 1 - 14, Residence District R- 15 . Said Ordinance restricts a tax parcel to containing only one residential structure. APPEAL of Dan Mitchell, Appellant, requesting a variance from Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a building addition at the Ithaca Beer Company, creating a new rear yard building setback of 13 ± feet (60 feet required) and a new side yard setback of 46 ± feet (60 feet required) at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33 -3 -2 . 1 , Light Industrial Zone. APPEAL of Ithaca College and College Circle Associates, LLC/South Hill Land Associates, LLC, Appellants, Vincent Nicotra, QPK Design, Agent, requesting variances from Article IV, Section l 1 and 12 and Article VI, Sections 27, 28, and 29 of the Town of Ithaca Zoning Ordinance, to permit the construction of a parking lot to serve multiple residences with said parking being located in an R- 15 zone (otherwise not permitted) and within the side yard setback of the multiple residence zone (otherwise prohibited) at the Ithaca College campus and College Circle Apartments, Town of Ithaca Tax Parcel No. 42- 1 - 13 .2 , 43 - 1 -2 .2, and 43 - 1 -2 .3 , Residence District R- 15 and Multiple Residence zones. 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 : October 9 , 2003 Published : October 13 , 2003 ZONING BOARD OF APPEALS APPROVED MINUTES OCTOBER 20 , 2003 Chairperson Sigel — We ' ll modify the appeal to say Yunis Realty , owner; Dan Mitchell , agent. ZB RESOLUTION NO , 2003 - 065 : Yunis Realty , 606 Elmira Road , Town of Ithaca Tax Parcel NO . 33 . -3 -2 . 1 , Light Industrial Zone . MOTION made by Kirk Sigel, seconded by Andrew Dixon. RESOLVED that this Board grants the appeal of Yunis Realty, owner; Dan Mitchell, agent, requesting a variance from Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a building addition at the Ithaca Beer Company, creating a new rear yard building setback of not less than 12 feet and a new side yard setback of not less than 45 feet at 606 Elmira Road, Town of Ithaca Tax Parcel No, 33. -3-2. 1 , Light Industrial Zone. FINDINGS: 1 . The requirements for an area variance have been satisfied. CONDITIONS: 1 . The trailers that are currently on the site and the tanks that are stored in the rear of the site be removed no later than April 1 , 2004. 2. The addition be constructed as indicated on the plans submitted by the applicant. The vote on the a MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Dixon NAYS: NONE The MOTION was declared to be carried unanimously. APPEAL : Ithaca College and College Circle Associates , LLC/ South Hill Land Associates , LLC , Appellants , Vincent Nicotra , QPK Design , Agent, requesting variances from: Article IV , Section 11 and 12 and Article IV, Sections 27 , 28 , and 29 of the Town of Ithaca Zoning Ordinance , to permit the construction of a parking lot to serve multiple residences with said parking being located in an R- 15 zone ( otherwise not permitted ) and within the side yard setback of the multiple residence zone ( otherwise prohibited ) at the Ithaca College campus and College Circle Apartments , Town of Ithaca Tax Parcel No . 42 . -1 -13 . 2 ; 43 . -1 -12 . 2 , and 43 . -1 -2 . 3 , Residence District RA 5 and Multiple Residence zones . 11 ZONING BOARD OF APPEALS APPROVED MINUTES OCTOBER 20 , 2003 David. Harding , QDK Design - Good Evening . We are here tonight to request the variances necessary for 107 car parking lot . It was approved by the Town of Ithaca Planning Board on September 16th . Due to the site constraints , the lot had to straddle the property lines . This is the line that separates the . Ithaca College Property from the College Circle Apartments . This is the soccer field and the apartment buildings here . Because of no other appropriate locations . on. the site , we had to squeeze this parking lot in between the two facilities , so con.sequently , we get some parking on the college property and some parking on the College Circle property . We , therefore need a variance to locate College Circle parking on the college ' s property , offsite . We need a variance because some of the parking occurs within the side yard area of the apartment site . Then , the third variance that we are asking for relates to reducing the size of the parking spaces down similar to the existing spaces elsewhere on the College Circle Apartments project from the 180 square foot required down to 170 square feet, which is going from 9 feet wide to 8 and a half feet wide . As I have mentioned the Town Planning Board has approved this both preliminary and final approvals , they also have given a negative declaration of environmental significance relative to SEQR , so this is the last step in the approval process for us . Mr . Ellsworth — How long have the College Circle Apartments been there ? Mr. Harding — I ' m going to have to defer — Mr. Frost — The late eighties . Mr. Harding — Late eighties , the Phase One . That would be the unit you see towards the lower part of the page and the Phase Two is more recent and I think , Mr. Frost , they issued the Certificate of Occupancy about a year ago right? Mr . Frost — A little less than a year ago . Mr. Krantz — And they were approved with no parking , virtually? Mr. Harding — Well , I can address that . They were originally designed with a 75 percent parking ratio , which was based on levels of parking that the developers saw at other similar facilities that they have been involved with . What they have found since the apartments have been developed and occupied , that that parking ratio has jumped up to on the order of 90 percent this past year and they are concerned that it may rise somewhat more . Mr. Krantz — Their assessment was off by 107 parking spots? Mr. Harding — Approximately . Mr. Krantz — It doesn 't speak too kindly of your assessment, does .it? 12 ZONING BOARD OF APPEALS APPROVED MINUTES OCTOBER 20 , 2003 Mr. Harding — This is an unusual situation and the prototypes that they were looking at before dealt with student apartments that were a little bit more approximate to the campus center . Because this is a bit of a distance that puts it right on the threshold of people not wanting to walk that far, there is probably increased demand for automobile use because of that . These are apartments and the biggest demand tends to be to take care of daily living requirements , such as purchasing groceries and household items . Apparently , this percentage of inhabitants bringing cars to college is actually on a rise nationally , more so than it has in the past . We are trying to respond to it . Mr. Krantz — Apparently Ithaca College is not taking the lead in physical fitness . Mr. Harding — I would imagine they have a nice fitness center, ' l haven 't personally seen it . Physical fitness and walking in the rain and the snow may be two different things , especially when you have your books in you hand . Mr. Frost — If I can just throw my two cents in , the original Phase One development , I don 't think was intended , necessarily to have the same kind of arrangement with Ithaca College as they do now . So , I think the operation and the almost exclusivity of Ithaca College students in these apartments is a fairly recent development. Mr. Dixon — And I guess they' re not driving Hummers? Mr. Frost — Not yet . Mr. Niefer — This roadway is the connector road , isn 't it? Between the main campus and the- Mr. Harding — That is correct . Mr. Niefer — What kind of speed controls are they endeavoring to impose on that road ? I ask that question because there are a number of parking spaces right along and they' ll all be backing out into the connector road . Mr. Harding — First , the spaces that you see are not a high turn over type of space . It' s not like a space that you might see closer to campus where people come and go and there is a lot of that activity . It' s probably , in this situation , a car occupies it or if different cars occupy it two or three times a day , it will probably be high . That is one of the considerations that went in there . There is also a series of stop signs situated along the connector road to breakup the speed . Mr. Niefer — Are there any speed bumps along that road ? 13 ZONING BOARD OF APPEALS APPROVED MINUTES OCTOBER 20 , 2003 Mr. Harding — There are no speed bumps . I could have a representative from the College speak to you in more detail about their enforcement program , but I ' m not particularly familiar with it . Chairperson Sigel — From the description in the text , it sounds like these parking spaces are anticipated to be some of the last used , say at the end of the day . The least desirable . Mr. Harding — They are the least desirable . That is because they offer some of the most distant commutes back to the apartments . Unfortunately , there wasn 't a more centrally appropriate location to put this . So , they' re still going to get their exercise , but we do anticipate that they will be full by days end . Chairperson Sigel — It is the case that the property that the College Circle Apartments are on is not owned by Ithaca College , is that correct? Mr. Harding — That is correct . It is owned by South Hill Land Associates , I believe is the correct title and that is in the application there . As I said , we do have Herman Severding , a representative of that agency, or that group . Mr. Barney — Is it 107 or 118 parking spots? Mr. Harding — The original proposal was for 118 spaces and because of the concerns that the Planning Board raised , we did scale that back down to 107 . Previously , the parking lot extended , you can see a red line outlining it here , further to the north , along the east side of the soccer field into the wooded area , which is also the unique natural area . Mr. Barney — Do you have any or does Ithaca College have any indication of the number of students that own suv's and the larger type vehicles ? Mr. Harding — I do not know . Mr. Barney — Because you are talking about reducing the side of these parking spaces by a half a foot in a time when suv's are selling like crazy . I. imagine students are buying them as well . Inaudible speaking from the audience Chairperson Sigel — Any other comments or questions ? Mike , any comments about the Environmental Assessment? Mr . Smith — No , as already said , the neg . dec . has been made by the Planning Board and you have , in your packet , the negative declaration form , which also has the attachment and some of the information that the information that the Planning Board looked at to review it . 14 ZONING BOARD OF APPEALS APPROVED MINUTES OCTOBER 20 , 2003 Chairperson Sigel — Okay , so we don 't need to make a motion on that? Mr . Smith — No , it was a Type I action . Chairperson Sigel — Ordinarily , obviously , it would be quite unual to have a project like this straddling the lot line of two different owners , but in this case , the two owners seem to be treating their two properties . as one property . Mr. Niefer — Presumably , they have an agreement to do this . Chairperson Sigel — They do . How long is the relationship between Ithaca College and College Circle Apartments? I remember there was some. kind of a long term — Mr . Severding — There is a long term master lease between South Hill Land and Ithaca College . On this issue of the parking lot straddling two properties : there already is in existence what we call a maintenance agreement, which includes the connector road . So we are going to amend that already executed document to include . parking so that that now also straddles that parking lot . Chairperson Sigel — How long is that agreement that you have? Mr. Severding — The initial agreement is 20 years . Chairperson Sigel — , Okay . Would it possibly make sense , John , to have some kind of a provision in a variance like this where if either party no longer wanted the structure there , I guess they would be permitted to remove the part that was on their property . Mr . Barney — I was going to say that you probably wanted to go the other way . Bascially to assure that the avialibilty of the parking for the College Circle because apparently what we ' re hearing is that they need it . I ' think you probably would want some sort of an agreement or a conditon in the agreement be provided whereby the college agrees that so long as the occupancy is what it is , that they will lease the space to the College Circle . Mr. Severding — inaudible Chairperson Sigel — So , the entire property would be for the benefit of — Mr. Severding — Of the residents of College Circle Apartments . As would access to that connector road . Chairperson Sigel — So we could just simply ask for a copy of that to be submitted . 15 ZONING BOARD OF APPEALS APPROVED MINUTES OCTOBER 20., 2003 Mr. Severding — I think it has , you have the first agreement . Mr . Barney — What's the duration , 20 years ? Mr. Severding — 20 years , I think for this part . Mr. Barney — Some parts of the master lease are for a relatively short period of time . There were a couple of provisions that lasted , regardless of whether the college continued to lease . Mr. Severding — Off- lease it or not . And this is one of them . So , in terms of that , this survives the master lease . Mr. Barney — Just to make it conditional on an agreement providing that the parking be there for at least 20 years . Chairperson Sigel opened the Public Hearing at 7 : 33 p . m . With no persons present to be heard , Chairperson Sigel closed the Public Hearing at 7 :34 p . m . Mr. Barney — I 'd just like to go back a moment to this reduction in size of spaces because I didn 't catch that in the application . The spaces that we are talking about here , are they going to be the standard 180 or are they going to be- Mr. Harding — They are going to be 170 , they will be 8 . 5 feet wide , by 20 feet long . Mr. Barney — Okay , because that is a variance . In a sense , you should understand that you are granting a variance for 108 sub-sized spaces as opposed to , it would be more like 100 spaces or so . in the standard size . Mr. Frost — In the Zoning Ordinance , the definition of parking space defines the parking spaces as an area of at least 180 square feet . So , while you don 't see it in the Ordinance , that is the definition , so , I ' m not quite sure how you vary a definition as opposed to the section of the Ordinance . Chairperson Sigel — Do you think we should specifically list that in the appeal or you just wanted to make sure that we were aware of it . Mr. Barney — Well , I have a little trouble because that , we haven 't advertised as part of the appeal . Mr. Frost — But it's not in the application either. Mr. Barney— There wasn 't anything in the application about it , so . 16 ZONING BOARD OF APPEALS APPROVED MINUTES OCTOBER 20 , 2003 Chairperson Sigel - Yeah , I don 't remember seeing it . Mr. Harding — That aspect was actually encouraged by the Planning Board because it would result in having less paved area . I believe that was discussed at the Public Hearing . Mr. Smith — Between the two Planning Board meetings , when they reduced the spaces from the 118 down to the 107 is when they added . in that part of it going down to the smaller parking size . Chairperson Sigel — Okay . So , their original plan . was for full size . Mr. Smith — I believe so , yes . Mr. Barney — What would be the difference in number of spaces ? Mr . Harding — I would guess that it would be maybe six . Mr. Barney — You probably want to make your variance for 102 of the smaller ones? Chairperson Sigel — 107 , that's what the Planning Board said . Mr . Barney — Make your variance for 101 of standard size , with the authorization that if they choose to , they can make the spaces slightly smaller, but the variance really is for the 180 size , unless you want to come back .again , which I ' m sure you ' re really revved up to do , so maybe we can handle it this way by simply saying that the variance allows 101 spaces as defined in the ordinance , but you grant authorization if they want to stripe them for as many as 107 spaces , using the smaller 8 '/2 by 20 lot as opposed to 9 by 20 space . ZB RESOLUTION NOn 2003 - 066 : Ithaca College and College Circle Associates , Ithaca College Campus and College Circle Apartments , Town of Ithaca Tax Parcel Nos 42 . -1 -13 . 22 43 . -1 -2 . 2 , and 43 . -1 -2 . 3 , Residence District R -15 and Multiple Residence zones . MOTION made by Kirk Sigel , seconded by Andrew Dixon . RESOLVED that this Board .grants the appeal of Ithaca College and College Circle Associates , LLC/South Hill Land Associates , LLC , Appellants , Vincent Nicotra , QPK Design , Agent , requesting variances from Article IV , Section 11 and 12 and Article VI , Sections 27 , 28 , and 29 of the Town of Ithaca Zoning Ordinance , to permit the construction of a parking lot to serve multiple residences with said parking being .located in an R- 15 zone , where it is otherwise not permitted and within the side yard setback of the multiple residence zone , where it is otherwise prohibited , at the Ithaca College campus and College Circle 17 ZONING BOARD OF APPEALS APPROVED MINUTES OCTOBER 20 , 2003 Apartments , Town of Ithaca Tax Parcel Nos . 42 . - 1 - 13 . 2 , 41 - 1 -2 . 2 , and 41 -1 -2 . 3 , Residence District R- 15 and Multiple Residence zones . FINDINGS : 1 . The requirements for an area variance have been satisfied. . CONDITIONS : 1 . The applicant submit a copy of an agreement indicating that the parking lots being built are to be used for the benefit of College Circle Apartments for a period of at least 20 years . 2 . The parking lots be constructed as indicated on the plans submitted by the applicant. 3 . The variance allows 101 spaces , as defined in the Ordinance , but the Zoning Board grants authorization for applicant to stripe as many as 107 smaller spaces at 8 . 5 x 20 , as opposed to 9 x 20 : The vote on the a MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Dixon NAYS : NONE The MOTION was declared to be carried unanimously . APPEAL : Charlene Temple , Appellant, requesting a special approval from the Zoning Board of Appeals under Article XIII , Section 54 and variances from Article IV, Section 14 and Article XIII , Section 57 of the Town of Ithaca Zoning Ordinance to be permitted to add a second dwelling unit in a non - conforming building/lot, and to construct a front yard building addition with a setback of 18 +/- feet (20 foot setback required ) at 246 Renwick Drive , Town of Ithaca Tax Parcel No . 17 . -3 -8 , Residence District R-15. Chairperson Sigel — Hi . Could you state your name and address for the record . Charlene Temple , 246 Renwick Drive — I do apologize for being late . I somehow thought the meeting was at 8 : 00 . I ' m sorry . Chairperson Sigel — That's okay . Could you give us a brief overview of what you want to do ? Ms . Temple — Certainly . I ' m now considering my retirement years . I own a small Cape Cod house and I am a first time owner there in owning a house . Currently my home has no bathroom on the first floor. There are also no closets of any kind , broom closet , coat closet on the first floor. My master bedroom , which is above on the second floor , is barely big enough for my bed , so what I would like 18 FILE- rDfk DATE ZB RESOLUTION NO . 2003 - 066 : Ithaca College and College Circle Associates , Ithaca College Campus and College Circle Apartments , Town of Ithaca Tax Parcel Nos 42 . =1 =1 121 43 -1 -2 . 2 , and 43 . -1 -2 . 3 , Residence District R-15 and Multiple Residence zones . MOTION made by Kirk Sigel , seconded by Andrew Dixon . RESOLVED that this Board grants the appeal of Ithaca College and College Circle Associates , LLC/South Hill Land Associates , LLC , Appellants , Vincent Nicotra , QPK Design , Agent , requesting variances from Article IV , Section 11 and 12 and Article VI , Sections 27 , 28 , and 29 of the Town of Ithaca Zoning Ordinance , to permit the construction of a parking lot to serve multiple residences with said parking being located in an R- 15 zone , where it is otherwise not permitted and within the side yard setback of the multiple residence zone , where it is otherwise prohibited , at the Ithaca College campus and College Circle Apartments , Town of Ithaca Tax Parcel Nos . 42 . - 1 - 13 . 2 , 43 . - 1 -2 . 2 , and 41 - 1 -2 . 3 , Residence District R- 15 and Multiple Residence zones . FINDINGS : 1 . The requirements for an area variance have been satisfied . CONDITIONS : 1 . The applicant submit a copy of an agreement indicating that the parking lots being built are to be used for the benefit of College Circle Apartments for a period of at least 20 years . 2 . The parking lots be constructed as indicated on the plans submitted by the applicant . 3 . The variance allows 101 spaces , as defined in the Ordinance , but the Zoning Board grants authorization for applicant to stripe as many as 107 smaller spaces at 8 . 5 x 20 , as opposed to 9 x 20 . The vote on the a MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Dixon NAYS : NONE The MOTION was declared to be carried unanimously . 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 20th day of October 2003 . Deputy Town Clerk Town of Ithaca Property Description Commercial Status : Active SWIS : 503089 Tax Map # : 43 . -1 =12 1031 DANBY RD Zoning Code : Site : 1 Neighborhood : 30092 Building # 1 School District : Ithaca 411 Apartment Deed Book : 644 Page : 816 Owner : JMS ITHACA REALTY, INC JMS ITHACA REALTY, INC 911 E STATE ST ITHACA NY 14850 7/13/2001 File Photo Improvements : Site No Improvements Overall EFF Year Built : 1990 Overall Condition : GOOD Overall Grade : AVERAGE Structure Air Conditioning Percent : 0% Sprinkler Percent : 100% Alarm Percent : 0% Number of Elevators : 0 Last Sale : Basement Type : No sale Year Built: 1990 Condition : GOOD Area Land : Land Type: PRIME SITE Gross Floor Area: 41668 SgFt Acreage: 6 Number of Stories : 2 Land Type: RESIDUAL Acreage: 10.3 Utilities Total Acreage: 16.3 Sewer Type : COMM/PUBLIC Water Supply: COMM/PUBLIC Utilities : ELECTRIC Assessment : Land : 8509000 Commercial Uses Total : 6,930,000 Number: 1 Taxes : Used As: GARDEN APT. Total Rentable Area: 126912 SgFt Taxes may not reflect exemptions or change: Total Units/Apartments: 324 Property Description Residential SWIS : 503089 SBL # : 43A =23 9 k 1031 DANBY RD Zoning Code : Site : 1 Neighborhood : 30020 Unknown ' School District : Ithaca 322 Rural Vac > 10 Deed Book: 781 Page : 203 Owner : TNG LLC TNG LLC 1001 W SENECA ST ITHACA NY 14850 7/13/2001 File Photo Improvements . Structure No Improvements Number of Baths : 0 Number of Bedrooms : 0 Number of Kitchens : 0 Number of Fireplaces : 0 Overall Condition : Porch Type : Porch Area : Year Built: 0000 Basement Type : Finished Basement : Last Sale : Sale Date: 08/12/1996 Base Garage Capacity : 0 Sale Price: 63,000 Valid: 0 Att Garage Capacity: 0 Arms Length: Prior Owner: JMS ITHACA REALTY, INC Area New Owner: TNG LLC Land : Living Area: Land Type: PRIME SITE First Story Area: Acreage: 1 Second Story Area: Land Type: RESIDUAL Acreage: 13.2 Additional Story Area : Total Acreage: 14.2 Half Story Area: Three-Quarter Story Area : Utilities Assessment : Sewer Type : COMM/PUBLIC Land : 639200 Water Supply : COMM/PUBLIC Total : 639200 Utilities : GAS / ELECTRIC Taxes : Heat Type : Fuel Type : Central Air: College C 'Ircle \1\ 39.-1 -1 .31 < 42.-1 -15 / d ( 42.-1 -13.2 39.-1 -2 \\\ �2.-1 -14 39.-1 -3. 1 i 39.-1 -3.2 • 43.-1 -1 .1 a 39.-1 -4 4 .-1 -10 39.-6-1 39 • 4%j1 9 39. ® • 39.- - 39.1 f 43.-1 -2.3 43.-1 -7 Q 39.- -239 41-1 -2.2 39. 9-2 39.-1 -9 3q.-1 -8 ® O 39.-1 -11 .1 .-1 -1 $, 43 - - . \ ® \ 41-1 -3.2 41-1 -3.32 \ 39.-1 -14 37. 1 -14 18 .-1 -17 3 . 16.1 4 .-1 -3.5 INN oil AID ® " Tompkins County � ;� APR 5 2002 r b * � v t DEPARTMENV0,F PLANNING � � '?J PLAt�f� IPiG ZCNwGTENG EVEERItvG X121 East�CourtJ Street�� Ithaca, cNew; Y ork 14850 a Edward C. Marx, AICP k� �, ; ' Telephone (607) 274-5560 Commissioner of Planning \���`,`� a �! Fax (607) 274-5578 April 4, 2002 Mr. Michael Smith, Environmental Planner Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re: Review Pursuant to § 239 -1 , -m, and -n of the New York State General Municipal Law Action : Consideration to Permit an Increase in the Number of Persons Allowed to Reside in the Apartments and to Allow for Vehicular Parking Variations by the Town of Ithaca Zoning Board of Appeals , College Circle Apartments , Phase 11, 1033 Danby Road, Tax Parcel No. ' s 41 - 1 -2. 2 and 41 - 1 -2 . 3 Dear Mr. Smith : This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 -1 , -m, and -n of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative intercommunity, County, or State impacts . Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C . Marx, AICP Commissioner of Planning O .o o O o �+ Q. ~r 'O cra CD 0 CD � ice; • TOWN OF ITHACA FEE : $80000 215 North Tioga Street RECEIVED : PJ-� Ithaca, New York 14850 (607) 2734783 CASH - ( 1 APPEAL CHECK - ( ) to the Building Inspector/Zoning Enforcement Officer ZONING: and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been denied permission to: develop .parking for College Circle Apartments on Ithaca College property ( r- 15 ) and develop parking within the side yard setback of the College Circle property (MR) _ at 953 Danby Road and Town of Ithaca Tax Parcel No . 42- 1 - 13 . 23 as shown on the any oa 43- 1 - 2 . 2 and 43 - 1 - 2 . 3 accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of- IV 11 Article(s) VI , Section(s) 29 . 1 of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the Appeal, affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: (Additional sheets may be attached as necessary.) There is a need for additional parking for College Circle Apartment tenants and no other appropriate . . opportunity exists on the College Circle Apartment property to accommodate the 118 spaces needed . 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 ith my app " a3tion. Signature of Owner/Appellant: C ,!/� Date : (5/7/0 .3 Signature of Appellant/Agent: Date : &l� 7o 3 Print Name Here: Vincent Nicotra Home Telephone Number: ( 315 ) 474- 1425 Work Telephone Number: ( 315 ) 472- 7806 NOTE : If construction of work in accordance with any variances given does not commence within 18 months, the variance will ex ire. Your attendance at the meeting is advised. ■ QPK DESIGN August 7, 2003 ARCHITECTURE ENGINEERING SITE & PLANNING Andrew Frost, Code Enforcement Officer Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Re: College Circle Apartment Parking Expansion . QPK No . 203156 . 00 Dear Mr. Frost : Per our discussion enclosed is a Variance application relative to use and sideyard setback issues. We respectfully request that this project be included on the agenda for the September 15 , 2003 Zoning Board of Appeals meeting. Also enclosed is a check in the amount of $ 160 to cover the $ 80 application fee for this project as well as that for the College Circle Sign application . Ithaca College will obtain and submit directly to you the consent of owner letter and proposed easements for development and use of facilities on the multiple properties . If there is any other information you need please do not hesitate to call . Your assistance is greatly appreciated . Sincerely, K DESIG David A. Harding, RLA Senior Landscape Architect DAH : dl Cc : Fred Vanderburgh 450 South Salina Street P. O . Box 29 Syracuse NY 13201 - 0029 Tel 315 . 472 . 7806 Fax 315 . 472 . 7800 www. gpkdesign . com m ti D II m 0 c� N O n �p7, tr r � rn l n o � O r rn z N CD cn I m o cn a w a CD cn CL w N m < O cn D Z Z c T D ca cn W � m N O O � O v W 12-12-79 (3/99)-9c SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non- Significance Project Number 03-08-464 Date : September 16 , 2003 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 ( State Environmental Quality Review Act) of the Environmental Conservation Law , The Town of Ithaca Planning Board as lead agency , has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared . Name of Action : Ithaca College / College Circle Apartments Parking Expansion SEQR Status : Type 1 ❑✓ Unlisted ❑ Conditioned Negative Declaration : ❑ Yes ❑✓ No Description of Action : This project involves consideration of Site Plan Approval from the Town of Ithaca Planning Board and Variances from the Town of Ithaca Zoning Board of Appeals for the proposed construction of a 107- space parking lot for the College Circle Apartments with additional walkway connections , new landscaping and lighting , and modifications to the existing stormwater facilities . The parking lot is proposed to be located at the southern end of campus between the existing soccer field and the College Circle Apartments , Town of Ithaca Tax Parcel No . ' s 42- 1 - 13 . 2 , 43- 1 -2 . 2 , and 43- 1 -2 . 3 , Residence District R - 15 and Multiple Residence . Ithaca College and College Circle Associates , LLC / South Hill Land Associates , LLC , LLC , Owners ; QPK Design , Applicant ; David A . Harding , Agent . Location : ( Include street address and the name of the municipality/county . A location map of appropriate scale is also recommended . ) 953 and 1033 Danby Road , Town of Ithaca , Tompkins County , New York SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination . ( See 617 . 7 ( a )-( c) for requirements of this determination ; see 617 . 7 ( d ) for Conditioned Negative Declaration) see attached If Conditioned Negative Declaration , provide on attachment the specific mitigation measures imposed , and identify comment period ( not less than 30 days from date of pubication In the ENB ) For Further Information : Contact Person : Michael Smith , Environmental Planner Address : 215 N . Tioga Street , Ithaca NY 14850 Telephone Number: 607-273- 1747 For Type 1 Actions and Conditioned Negative Declarations , a Copy of this Notice is sent to : Chief Executive Officer , Town / City / Village of Other involved agencies ( If any) see attached Applicant ( If any) Environmental Notice Bulletin , Room 538 , 50 Wolf Road , Albany NY , 12233- 1750 (Type One Actions only ) Ithaca College / College Circle Apts. Parking Expansion Attachment to Negative Declaration Form Notice of Determination of Non-Significance Reasons Supporting This Determination : Based on review of the project at a Planning Board meeting on September 16, 2003 , a negative determination of environmental significance has been made for the above referenced action by the Town of Ithaca Planning Board, in accordance with the requirements of Article 8 of the Environmental Conservation Law. Given the proposed design of the project, its location and the character of surrounding uses, the existing character of the site , and the proposed uses and activities associated with the project, no significant adverse environmental impacts have been identified . The Planning Board, at its September 16 , 2003 meeting, reviewed and accepted as adequate the Full Environmental Assessment Form (EAF) Part I prepared by the applicant, Part 11 of the EAF prepared by the Town Planning staff, and other application materials . The above referenced EAF incorporates specific studies and reports prepared and submitted by the applicant, including, but not limited to , a "Stormwater Pollution Prevention Plan" (dated July 31 , 2003 ) . In particular, the following specific conclusions were reached by the Planning Board : 1 . Impact on Land : The proposed project will result in a physical change to the project site with the disturbance of land for the 107 -space parking lot, new walkway connections, new lighting and landscaping, and modifications to the existing stormwater facilities . The applicants appear to be limiting the disturbance to the area needed for the parking lot and areas immediately adjacent needed for grading . The applicants have proposed to plant approximately 6 hardwood trees scattered around the new parking lot. Grading will be required to create a slope appropriate for the parking lot . There will be approximately 200 cubic yards of fill required for the pavement sub base . The majority of the project is located within the boundary of the South Hill Swamp Unique Natural Area (UNA - l54) . While the project is located within the boundary of the UNA , the project site is currently open lawn and a stone drive and does not appear to contain the qualities characteristic of a UNA . 2 . Stormwater Runoff: The proposed project will result in the conversion of 0 . 1 +/- acre of forest and 0 . 6 +/- acres of lawn to 0 . 8 +/- acres of new impervious surface . This additional impervious surface will increase the amount of surface water runoff as well as increase the potential for contaminated urban runoff, during and after the construction period . The applicants have prepared a "Stormwater Pollution Prevention Plan" ( SWPPP) (dated July 31 , 2003 ) and a drawing ( "Grading/Utility Plan & Details , " sheet L-2) to address these concerns . They are proposing to continue to maintain the existing separate watersheds by piping the existing flows under the parking lot to the appropriate outlet points and grading the proposed lot into appropriate collection points and directed toward the existing detention basins on Ithaca College property . Modifications to the existing Ithaca College / College Circle Apts. Parking Expansion detention basins will involve construction of a forebay at the inlet end to help settle out suspended sediments and regrading in other areas to increase the basins volume . The increased volume of the detention basins will establish developed flow rates out of the existing outlet structure below existing flow rates . The detention basins will be seeded with a wet meadow seed mix to provide further water quality control . Sedimentation and erosion control measures have been shown on the plans provided and outlined in the SWPPP . Both temporary (silt fences , straw mulch on lawn areas , stabilized construction access) and permanent (rip rap at culvert discharges , installation of forebay, lawn on disturbed areas , enlarged detention basin) control measures are proposed along with the necessary maintenance schedule . 3 . Transportation : It is not anticipated that the proposed additional parking spaces will effect the existing transportation system . These additional parking spaces proposed are to accommodate the current and future residents of the College Circle Apartments . During the environmental (negative determination made on March 5 , 2002) and site plan review (Final Approval received on April 2 , 2002) by the Town of Ithaca Planning Board for the Phase 2 of College Circle Apartments , a traffic analysis (titled "Site Impact Traffic Evaluation of the Proposed College Circle Apartments" dated February 2002) was conducted based on the maximum occupancy (number of beds available) of the apartment complex , and not the proposed number of parking spaces at that time . The occupancy is not proposed to change under this current parking expansion proposal , and therefore the previous traffic analysis is still relevant . These proposed spaces will not have direct access to a public road (Danby Road) and will use the internal roads of Ithaca College and College Circle Apartments to access the lot . The traffic analysis states on page 10 under Conclusions and Recommendations that "this report has addressed the traffic impact that can be expected from the development of the College Circle Apartments project as currently approved and as proposed . It has been shown that the existing transportation network can accommodate the projected full build out traffic volumes with minor impacts to study area intersections . " This Notice is being distributed to : Involved A eg ncies : Kirk Sigel , Chair, Town of Ithaca Zoning Board of Appeals Others : Edward M . Marx , Commissioner, Tompkins County Department of Planning Lenore Durkee , Chair, Town of Ithaca Conservation Board Kenneth Lynch , Director, Region 7 , N . Y . S . Department of Environmental Conservation Please Complete Each Question --Indicate N . A . if not applicable A . SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas . 1 . Present Land Use: El Urban LJ Industrial LJ Commercial El Residential (suburban) Rural (non-farm) El Forest Agriculture : Other INSTITUTIONAL 2 . Total acreage of project area : 17+/ — acres . (WATERSHED ) APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) _0 acres __ acres Forested 11 . 0 acres 10 . 9 acres Agricultural (Includes orchards , cropland, pasture, etc. ) 0 acres 0_ acres Wetland (Freshwater or tidal as per Articles 24 , 25 of ECL) 0 acres 0 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) o acres _o acres Roads, buildings and other paved surfaces 1 . 0 acres 1 . 8 acres Other (Indicate type) AWN 5 . 0 acres 4 a 4 acres 3 . What is predominant soil type(s) on project site? a . Soil drainage: E] Well drained % of site LJ Moderately well drained 100 % of site. Poorly drained % of site b. If any agricultural land is involved , how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370) , 4 . Are there bedrock outcroppings on project site? Yes No a . What is depth to bedrock 61 + (in feet) 5 . Approximate percentage of proposed project site with slopes : 00- 10% �%o 010- 15% . lL % 15 % or greater 50 % 6 . Is project substantial) contiguous to, or contain a building , site, or district, listed on the State or National Registers of Historic Places? Dyes E2 No 7 . Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes fL)27�JJNo 8 . What is the depth of the water table? 61 + (in feet) 9 . Is site located over a primary, principal, or sole source aquifer? El Yes � No 10 . Do hunting, fishing or shell fishing opportunities presently exist in the project area? El Yes M No Page 3 of 21 11 . Does project site contain any species of plant or animal life that is identified as threatened or endangered? E]Yes Q No Accord in to : WESLEY ,OSTMAN REPORT , 1988 AND CAYUGA LANDSCAPE LETTER , 2002 . . .... ... .. . ... ......... ... ............. . ... .. . . . .... . .. .... .. .. .. ... . ... . .... ..... ... ........ ..... .. ... ... .. .... ........ ..... . .. . .. .. . . ... ............ .. ... ...... ... ..... . . . .... . ... ....... .............. .... . ................ ..... Identi each s ecies : 12 . Are there any unique or unusual land forms on the project site? (Le. , cliffs, dunes , other geological formations? E]Yes No Describe: 13 . Is the project site presently used by the community or neighborhood as an open space or recreation area? 11 Yes QNo If yes , explain : 14 . Does the present site include scenic views known to be important to the community? Yes No 15 . Streams within or contiguous to project area : NONE a . Name of Stream and name of River to which it is tributary 16 . Lakes, ponds , wetland areas within or contiguous to project area : NONE b . Size (in acres): Page 4 of 21 17 . Is the site served by existing public utilities? El Yes El No a . If YES, does sufficient capacity exist to allow connection? El Yes El No b. If YES, will improvements be necessary to allow connection? Yes E]No 18 . Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304 ? 0Yes � No 19 . Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617 ? Yes No 20 . Has the site ever been used for the disposal of solid or hazardous wastes? El Yes [!JNo Be Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriate) . a . Total contiguous acreage owned or controlled by project sponsor : 780+/ — acres. b . Project acreage to be developed: 1 . 1 acres initially; 1 . 1 acres ultimately. c. Project acreage to remain undeveloped : 280+/ — acres. d . Length of project, in miles : NA (if appropriate) e . If the project is an expansion, indicate percent of expansion proposed . 17 % f. Number of off-street parking spaces existing hq4 proposed S 12 _ g . Maximum vehicular trips generated per hour: 100 (upon completion of project)? h . If residential : Number and type of housing units : NA One Family Two Family Multiple Family Condominium Initially Ultimately i . Dimensions (in feet) of largest proposed structure: NA height; width ; length. j . Linear feet of frontage along a public thoroughfare project will occupy is? NA ft. 2 . How much natural material (i . e. rock, earth, etc.) will be removed from the site? 0 tons/cubic yards . 3 . Will disturbed areas be reclaimed Yes 11 No El N /A a . If yes, for what intended purpose is the site being reclaimed? b . Will topsoil be stockpiled for reclamation? ILJ Yes No C. Will upper subsoil be stockpiled for reclamation? El Yes No 4 . How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 . 1 acres. Page 5 of 21 5 . Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? El Yes El No 6 . If single phase project: Anticipated period of construction : 2 months , (including demolition) 7 . If multi-phased : NA a . Total number of phases anticipated (number) b . Anticipated date of commencement phase 1 : month year, (including demolition) c . Approximate completion date of final phase: month year. d . Is phase 1 functionally dependent on subsequent phases? EJ Yes El No 8 . Will blasting occur during construction? O Yes U1 No 9 . Number of jobs generated : during construction 0 ; after project is complete 0 10 . Number of jobs eliminated by this project _0 . 11 . Will project require relocation of any projects or facilities? El Yes LA No If yes, explain : 12 . Is surface liquid waste disposal involved? El Yes No a . If yes, indicate type of waste (sewage, industrial, etc) and amount b . Name of water body into which effluent will be discharged 13 . Is subsurface liquid waste disposal involved? El Yes C1 No Type 14 . Will surface area of an existing water body increase or decrease by proposal? El Yes El No If yes, explain: 15 . Is project or any portion of project located in a 100 year flood plain? El Yes No 16 . Will the project generate solid waste? LJ Yes U No a . If yes, what is the amount per month? tons b . If yes, will an existing solid waste facility be used? � Yes L"�Jq No c. If yes, give name location d . Will any wastes not go into a sewage disposal system or into a sanitary landfill? IDYes No Page 6 of 21 e. If yes, explain: 17 . Will the project involve the disposal of solid waste? El Yes MNo a . If yes , what is the anticipated rate of disposal? tons/month . b . If yes, what is the anticipated site life? years . 18 . Will project use herbicides or pesticides? E]Yes El No 19 . Will project routinely produce odors (more than one hour per day)? UYes � No 20. Will project produce operating noise exceeding the local ambient noise levels? E] Yes MNo 21 . Will project result in an increase in energy use? � Yes No If yes, indicate type(s) ELECTRICITY FOR PARKING LOT LIGHTING 22 . If water supply is from wells, indicate pumping capacity NA gallons/minute. 23 . Total anticipated water usage per day NA gallons/day. 24 . Does project involve Local , State or Federal funding? Yes No If yes , explain: Page 7 of 21 0 25 . Approvals Required: Type Submittal Date City, Town, Village Board YesL�j No SITE PLAN APPROVAL 8 / 05 / 03 City, Town, Village Planning Board Yes El No TTSR VARTANCR AN x / 07 / 03 City, Town Zoning Board Yes No SIDE YARD SETBACK VARIANCE City, County Health Department Lj Yes No Other Local Agencies El Yes El No Other Regional Agencies El Yes ED No State Agencies El Yes ® No Federal Agencies Yes L:�j No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? UlYes El No If Yes, indicate decision required : El Zoning amendment El Zoning variance New/revision of master plan Subdivision .. ....` Site plan Ej Special use permit Resource management plan Other Page 8 of 21 2 . What is the zoning classifications) of the site? R- 15 ITHACA COLLEGE PROPERTY MR COLLEGE CIRCLE APARTMENT PROPERTY 3 . What is the maximum potential development of the site if developed as permitted by the present zoning? NA 4 . What is the proposed zoning of the site? NO CHANGE PROPOSED 5 . What is the maximum potential development of the site if developed as permitted by the proposed zoning? NA 6 . Is the proposed action consistent with the recommended uses in adopted local land use plans? .X®.- . Yes E] No 7 . What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? .......... ........ .................. .......... . .. ........... .. . .... . .. ...... ...... ....... ....... ...... . . .. . .. ......... .. ... .. ... ... .... .. ... ... ... ..... .. ....... . . . . . ... . . ..... INSTITUTIONAL , RESIDENTIAL AND UNDEVELOPED 8 . Is the proposed action compatible with adjoining/surrounding land uses with a '/4 mile? Yes No 9 . If the proposed action is the subdivision of land, how many lots are proposed? NA a . What is the minimum lot size proposed? Page 9 of 21 10 . Will proposed action require any authorization(s) for the formation of sewer or water districts? Yes No 11 . Will the proposed action create a demand for any community provided services (recreation , education, police, fire protection? El Yes X .: No a . If yes, is existing capacity sufficient to handle projected demand? El Yes El No 12 . Will the proposed action result in the generation of traffic significantly above present levels? El Yes No a . If yes, is the existing road network adequate to handle the additional traffic. E]Yes 1:1 No D . Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name FRED VANDERBURGH Date Signature Title SENIOR ASSISTANT DIRECTOR OF FACILITY PLANNING AND CONSTRUCTION If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2 = PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) ! In completing the form the reviewer should be guided by the question : Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. ! The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2 . The examples are generally applicable throughout the State and for most situations . But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3 . ! The impacts of each project, on each site , in each locality, will vary. Therefore , the examples are illustrative and have been offered as guidance . They do not constitute an exhaustive list of impacts and thresholds to answer each question. ! The number of examples per question does not indicate the importance of each question. ! In identifying impacts , consider long term , short term and cumulative effects . Instructions (Read carefully) a . Answer each of the 20 questions in PART 2, Answer Yes if there will be any impact. b . Maybe answers should be considered asYes answers . C, If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided , check column 2 . If impact will occur but threshold is lower than example , check column 1 . d . Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance . Identifying an impact in column 2 simply asks that it be looked at further. e . If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s ) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible . This must be explained in Part 3 . 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1 . Will the Proposed Action result in a physical change to the project site? NO E] YES E] Examples that would apply to column 2 C Any construction on slopes of 15% or greater, ( 15 foot LJ Yes D No rise per 100 foot of length) , or where the general slopes in the project area exceed 10% . C Construction on land where the depth to the water table Yes No is less than 3 feet. 8 C Construction of paved parking area for 1 ,000 or more LJ L Yes E] No vehicles . C Construction on land where bedrock is exposed or El El El Yes L N o generally within 3 feet of existing ground surface . C Construction that will continue for more than 1 year or El 11 El Yes E] No involve more than one phase or stage . C Excavation for mining purposes that would remove � U Yes No more than 1 , 000 tons of natural material (i . e . , rock or soil) per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change c Construction or expansion of a santary landfill . 0 0 QYes ONo c Construction in a designated floodway. El ® OYes [DNo c Other impacts : E E] Yes EJNo 2 . Will there bean effect to any unique or unusual land forms found on the site? (i .e . , cliffs , dunes , geological formations, etc. ) 0 N DYES c Specific land forms: DYes [3No Impact on Water 3 . Will Proposed Action affect any water body designated as protected? ( Under Articles 15 , 24, 25 of the Environmental Conservation Law, ECL) 13 NO YES Examples that would apply to column 2 c Developable area of site contains a protected water body. Yes 13 No c Dredging more than 100 cubic yards of material from channel of E LJ Yes E] No a protected stream. c Extension of utility distribution facilities through a protected water Yes No body. c Construction in a designated freshwater or tidal wetland . LJ' Yes No c Other impacts: Yes No 4 . Will Proposed Action affect any non-protected existing or new body of water? LJ NO DYES Examples that would apply to column 2 c A 10 % increase or decrease in the surface area of any body of EJ D Yes 0 No water or more than a 10 acre increase or decrease . C Construction of a body of water that exceeds 10 acres of surface DYes DNo area . c Other impacts: D ® DYes � No Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5 . Will Proposed Action affect surface or groundwater quality or quantity? EINO El YES Examples that would apply to column 2 c Proposed Action will require a discharge permit. El El 0 Yes E] No c Proposed Action requires use of a source of water that does not El El El Yes 13 No have approval to serve proposed ( project) action . c Proposed Action requires water supply from wells with greater El 11 El Yes El No than 45 gallons per minute pumping capacity. c Construction or operation causing any contamination of a water 0 El E] Yes E] No supply system . c Proposed Action will adversely affect groundwater. El 1:1 D Yes El No c Liquid effluent will be conveyed off the site to facilities which El D Yes 11 No presently do not exist or have inadequate capacity. c Proposed Action would use water in excess of 20 ,000 gallons El D El Yes El No per day. c Proposed Action will likely cause siltation or other discharge into El E El Yes 11 No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions . c Proposed Action will require the storage of petroleum or 11 El D Yes El No chemical products greater than 1 , 100 gallons . c Proposed Action will allow residential uses in areas without El Yes 11 No water and/or sewer services . c Proposed Action locates commercial and/or industrial uses El D Yes 11 No which may require new or expansion of existing waste treatment and/or storage facilities . C Other impacts: El Yes E No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6 . Will Proposed Action alter drainage flow or patterns , or surface water ru noff? El NO DYES Examples that would apply to column 2 c Proposed Action would change flood water flows El El E] Yes DNo c Proposed Action may cause substantial erosion . LJYes DNo c Proposed Action is incompatible with existing drainage patterns . El E]Yes DNo c Proposed Action will allow development in a designated El 11 E] Yes El No floodway. c Other impacts: 0 El Dyes El No IMPACT ON AIR 7, Will Proposed Action affect air quality? 0 NO 0 YES Examples that would apply to column 2 c Proposed Action will induce 1 , 000 or more vehicle trips in any D D E]Yes DNo given hour. c Proposed Action will result in the incineration of more than 1 ton El Dyes ONo of refuse per hour. c Emission rate of total contaminants will exceed 5 lbs . per hour El 1 E] Yes DNo or a heat source producing more than 10 million BTU's per hour. c Proposed Action will allow an increase in the amount of land El El Dyes 0No committed to industrial use. C Proposed Action will allow an increase in the density of El ® 11Yes DNo industrial development within existing industrial areas . c Other impacts: El D [Dyes ONo IMPACT ON PLANTS AND ANIMALS 8 . Will Proposed Action affect any threatened or endangered species? ONO EIYES Examples that would apply to column 2 C Reduction of one or more species listed on the New York or El 0 E]Yes E] No Federal list, using the site , over or near the site , or found on the site . Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change c Removal of any portion of a critical or significant wildlife habitat. El El 0 Yes E] No c Application of pesticide or herbicide more than twice a year, 13 .. E] Yes E] No other than for agricultural purposes . c Other impacts: El E E] Yes E] No 9 , Will Proposed Action substantially affect non-threatened or non- endangered species? 11 NO 11 YES Examples that would apply to column 2 c Proposed Action would substantially interfere with any resident El El 13 Yes 13 No or migratory fish , shellfish or wildlife species . c Proposed Action requires the removal of more than 10 acres of El El DYes El No mature forest (over 100 years of age) or other locally important vegetation. c Other impacts: E] Yes ENo .. .. .. .. ..................... ................... .... . ...... ...... ... ......................... .................... ........ ..... .............. ...... ................ .. .. . .. . .......... ......................... ...... ..... .... .............. .. IMPACT ON AGRICULTURAL LAND RESOURCES 10 . Will Proposed Action affect agricultural land resources? 0 NO 0 YES Examples that would apply to column 2 c The Proposed Action would sever, cross or limit access to Li Oyes D No agricultural land ( includes cropland , hayfields , pasture , vineyard , orchard , etc.) c Construction activity would excavate or compact the soil profile of Yes No agricultural land. c The Proposed Action would irreversibly convert more than 10 El E] Yes O No acres of agricultural land or, if located in an Agricultural District, more than 2 .5 acres of agricultural land . Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change c The Proposed Action would disrupt or prevent installation of El El U Yes El No agricultural land management systems ( e .g . , subsurface drain lines, outlet ditches , strip cropping) ; or create a need for such measures (e .g. cause a farm field to drain poorly due to increased runoff) . c Other impacts: EJ 13 El Yes El No IMPACT ON AESTHETIC RESOURCES 11 . Will Proposed Action affect aesthetic resources? ( If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) NO LJYES Examples that would apply to column 2 c Proposed land uses , or project components obviously different 13 DYes D No from or in sharp contrast to current surrounding land use patterns, whether man-made or natural . c Proposed land uses , or project components visible to users of Yes LJ No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource . c Project components that will result in the elimination or Li D 0 Yes LJ No significant screening of scenic views known to be important to the area. c Other impacts : ® LJ Yes LJ No moor IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 . Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? NO LJYES Examples that would apply to column 2 C Proposed Action occurring wholly or partially within or Yes No substantially contiguous to any facility or site listed on the State or National Register of historic places . C Any impact to an archaeological site or fossil bed located within 0 Yes D No the project site. C Proposed Action will occur in an area designated as sensitive 0 El 0 Yes 0 No for archaeological sites on the NYS Site Inventory, Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change c Other impacts : El El EJ Yes 0 No IMPACT ON OPEN SPACE AND RECREATION 13 . Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? 0 NO 0 YES Examples that would apply to column 2 c The permanent foreclosure of a future recreational opportunity. El ID E] Yes E] No c A major reduction of an open space important to the community. El El E] Yes E] No c Other impacts: 13 E] Yes E] No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14, Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617. 14(g)? El NO ED YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 c Proposed Action to locate within the CEA? U E] Yes E] No c Proposed Action will result in a reduction in the quantity of the 1:1 El El Yes E] No resource? c Proposed Action will result in a reduction in the quality of the 0 El El Yes E]No resource? c Proposed Action will impact the use , function or enjoyment of the 0 El 0 Yes 0No resource? C Other impacts: El El ElYes El No Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15 . Will there be an effect to existing transportation systems? NO 0 YES Examples that would apply to column 2 c Alteration of present patterns of movement of people and/or 0 El RYes E] No goods . c Proposed Action will result in major traffic problems . E] [DYes E] No c Other impacts: El 0 El Yes No IMPACT ON ENERGY 16 . Will Proposed Action affect the community's sources of fuel or energy supply? [3NO YES Examples that would apply to column 2 c Proposed Action will cause a greater than 5% increase in the El El El Yes [I No use of any form of energy in the municipality. c Proposed Action will require the creation or extension of an Yes E] No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use . c Other impacts: El El Yes El No NOISE AND ODOR IMPACT 17 . Will there be objectionable odors , noise, or vibration as a result of the Proposed Action? NO E] YES Examples that would apply to column 2 c Blasting within 1 ,500 feet of a hospital , school or other sensitive El El E] Yes No facility. C Odors will occur routinely (more than one hour per day) . El El El Yes 11 No C Proposed Action will produce operating noise exceeding the El 11 E] Yes El No local ambient noise levels for noise outside of structures . C Proposed Action will remove natural barriers that would act as a El [I Yes 0 No noise screen. C Other impacts: El E] Yes ID No Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18 . Will Proposed Action affect public health and safety? El NO El YES c Proposed Action may cause a risk of explosion or release of E 11Yes 13No hazardous substances (i . e. oil , pesticides , chemicals , radiation , etc.) in the event of accident or upset conditions , or there may be a chronic low level discharge or emission . El c Proposed Action may result in the burial of "hazardous wastes" L LJYes [] No in any form (i. e . toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) c Storage facilities for one million or more gallons of liquefied Li El ElYes U No natural gas or other flammable liquids . c Proposed Action may result in the excavation or other El El ElYes 0 No disturbance within 2 ,000 feet of a site used for the disposal of solid or hazardous waste . c Other impacts: 11 El E]Yes El No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19 . Will Proposed Action affect the character of the existing community? El NO El YES Examples that would apply to column 2 c The permanent population of the city, town or village in which the El 1:1 LJYes EINo project is located is likely to grow by more than 5 % . c The municipal budget for capital expenditures or operating E]Yes EINo services will increase by more than 5 % per year as a result of this project. c Proposed Action will conflict with officially adopted plans or El LJ E]Yes El No goals . c Proposed Action will cause a change in the density of land use . -.. .-: . . . .; E]Yes DNo . • - c Proposed Action will replace or eliminate existing facilities , ElYes LJNo structures or areas of historic importance to the community. c Development will create a demand for additional community • : El E]Yes E] No services (e .g . schools , police and fire , etc. ) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change C Proposed Action will set an important precedent for future _. ..; Yes E] No 0 projects . c Proposed Action will create or eliminate employment. El 0 Yes El No c Other impacts: L E] Yes El No ........ . . ....... ..... .... ....... .. 20 . Is there, or is there likely to be , public controversy related to potential adverse environment impacts? ONO [DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large , even if the impact(s ) may be mitigated . Instructions ( If you need more space , attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2 : 1 . Briefly describe the impact. 2 . Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s) . 3 . Based on the information available , decide if it is reasonable to conclude that this impact is important. To answer the question of importance , consider: ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact I Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. •. y« Page 21 of 21 'n ' , <: ITHACA S r�! ui•:n r Arrnnis AND CA -NII'US Lmi : OI'fit+c . .I' Ilic �'icr, I' rcicicnr MEMORANDUM Date : July 30 , 2003 AUG 0 # 2003 To : Town of Ithaca Planning Board From : Brian McAree, Vice President for Student Affairs and Campus Life L q Re: College Circle Parking Proposal Ithaca College is working closely with Integrated Acquisition & Development Corporation ( IAD) to prepare for full occupancy of the College Circle apartment complex on August 15 , 2003 . On March 5 , 2002 , the Town of Ithaca Planning Board approved the total occupancy of the College Circle complex to not exceed 750 persons . On April 15 , 2002 , the Town of Ithaca Zoning Board of Appeals also approved the total occupancy of College Circle to not exceed 750 persons . Beginning with the Fall 2003 semester, Ithaca College is planning a total occupancy at College Circle of 694 students . In our presentation to the Town of Ithaca Planning Board in 2002 , we presented a parking plan for College Circle . The following is a summary of the number of parking spaces which have been constructed at College Circle in relation to the number of beds and occupants . Phase 1 Phase 2 Total Parking Spaces 295 237 532 Bedrooms 324 276 600 Occupants 361 333 694 Given the projected occupancy of 694 for students in the Fall of 2003 , parking is presently available for 77% of the students . However, 12 of the parking spaces are reserved for handicapped accessible parking which cannot be used for any other purpose . Therefore, parking is realistically available for 75% of the College Circle residents, not including handicapped spaces . Although there will be an additional 20 parking spaces adjacent to the Community Center, we anticipate that these spaces will be primarily used by the residents as they visit the Community Center for mail pickup , programs and recreation , and to utilize the laundry facilities . Therefore, these parking spaces will not be available for long term parking by the residents. In planning for the complex, IAD anticipated that providing 75% of the residents with parking would be adequate based on their experience with traditional student apartment complexes . In 2002-2003 , Ithaca College began leasing the College Circle apartments from IAD . Although we anticipated 75 % of the student residents registering cars, 90 % of the residents had registered vehicles as of the Spring 2003 semester. Based on our experience last year, we anticipate a parking shortage this fall . In order to provide 90 % of the residents with parking spaces , an additional 105 spaces is needed . During the 2002-2003 academic year, Ithaca College attempted to encourage students to use other means of transportation to go back and forth from the main part of campus and College Circle . As you know, Ithaca College constructed a connector road between College Circle and the campus in order to facilitate pedestrian and vehicular traffic staying on campus and not adding additional traffic to Route 96B . We also worked closely with TCAT to provide regular bus service to and from College Circle to the campus . Although the use of TCAT was heavily promoted with discounted fares to our students , a very small number of students utilized the bus service . As a result, TCAT discontinued bus service to the College Circle complex because of a lack of ridership . The reality is that students bring cars to campus and want to use them for convenience and to meet their needs and complicated schedules . As a note of interest, the previous owner of College Circle initially provided free van service to residents in order to facilitate transportation to and from campus. After a very short period of time, the owner discontinued the service because students were not utilizing it. While many students choose to walk and use bicycles to and from campus in nice weather, the unpredictable weather of Ithaca and the long winter months discourage this type of transportation and encourage the use of vehicles . liliaca Coll -re / 300 V"(0 crl I-I;1II / Ithw—ii . New Y irk 1 -+"50- 7112 007- 274_ 63374 / Fax : 007-27-f- 1728 / ww. illiar;i .erlu In anticipation of a " parking crunch" this fall , Ithaca College is proposing to construct 118 spaces primarily on Ithaca College owned property just adjacent to the Terrace Athletic Fields and the College Circle complex. We believe that this parking area will be utilized by College Circle residents as an overflow area when parking is not available on the College Circle site. The addition of this parking will also discourage/prevent students from parking illegally at College Circle and causing additional problems (i . e. parking in fire lanes and other illegal areas) . Providing additional parking will also discourage students from parking along 96B and near the entrance road to College Circle , thereby reducing the likelihood of safety problems and creating concerns for our neighbors on Route 96B . Parking management at College Circle continues to be implemented as it is elsewhere on campus. Ithaca College has hired additional Parking Enforcement staff to patrol the Ithaca College campus including the lots at College Circle . Parking Enforcement Officers will continue to patrol College Circle in Parking Services cars several times per shift looking for violators of parking regulations. The Parking Enforcement Officers will also patrol the other parking lots on-campus including this new area , if approved , as well as the L-lot extension lot along the connector road between College Circle and the main campus . Let me reiterate that we are proposing the creation of this new area in anticipation of a " parking crunch" based our experience at College Circle last year. We will continue to assess the parking situation this upcoming year, which will be the first year of full occupancy at College Circle. BM/mas/CCtpbccp FILE ` DATE a ADOPTED RESOLUTION : PB RESOLUTION NO , 2003 -079 Preliminary and Final Site Plan Approval Ithaca College / College Circle Apts . Parking Expansion 953 and 1033 Danby Road Town of Ithaca Tax Parcel No . ' s 42 -1 -13 .2 , 43 -1 -2 .2 , and 43 -1 -2 . 3 Planning Board , September 16 , 2003 MOTION made by Kevin Talty , seconded by Tracy Mitrano . WHEREAS : 1 . This action is consideration of Preliminary and Final Site Plan Approval for the proposed construction of a +/- 107 -space parking lot for the College Circle Apartments with additional walkway connections , new landscaping and lighting , and modifications to the existing stormwater facilities . The parking lot is proposed to be located at the southern end of the Ithaca College campus between the existing soccer field and the College Circle Apartments , Town of Ithaca Tax Parcel No . 's 42- 1 - 13 . 2 , 43- 1 -2 . 2 , and 43- 1 -2 . 3 , Residence District R- 15 and Multiple Residence , Ithaca College and College Circle Associates , LLC / South Hill Land Associates , LLC , Owners ; QPK Design , Applicant ; David A. Harding , Agent , and 2 . This is a Type I Action for which the Town of Ithaca Planning Board , acting as lead agency in environmental review with respect to Site Plan Approval and the necessary variances , has , on September 16 , 2003 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I , submitted by the applicant , and a Part II prepared by Town Planning staff, and 3 . The Planning Board , at a Public Hearing held on September 16 , 2003 , has reviewed and accepted as adequate , plans titled " Layout/Planting Plan & Details " (sheet L- 1 ) and " Grading/Utility Plan & Details" (sheet L-2 ) , dated July 31 , 2003 and revised 9-9- 03 , prepared by QPK Design , and other application material , and NOW THEREFORE BE IT RESOLVED : 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval , as shown on the Preliminary and Final Site Plan Checklists , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board , and 2 . That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed construction of a +/- 107-space parking lot for the College Circle Apartments , Town of Ithaca Tax Parcel No . 42 - 1 - 13 . 2 , 43- 1 -2 . 2 , and 43- 1 -2 . 3 , as shown on plans titled " Layout/Planting Plan & Details " (sheet L- 1 ) and "Grading/ Utility Plan & Details " (sheet L-2 ) , dated July 31 , 2003 and revised 9-9-03 , prepared by QPK Design , subject to the following conditions : QPK DESIGN ARCHITECTURE ENGINEERING SITE & PLANNING College Circle Apartments Parking Expansion Ithaca College PROJECT DESCRIPTION Proposed parking expansion at the south end of the campus will accommodate a current and future anticipated need for 118 additional spaces for residents of the College Circle Apartments . The additional parking will be accommodated by developing 24 spaces side loaded off the recently constructed Connector Road and abutting the existing College Circle Apartments parking lot, and by developing 94 more spaces in a segregated lot wrapping around the south and east sides of the existing soccer field . An existing walk near the southeast corner of the soccer field provides convenient access to the College Circle Apartment Complex. The project will include storm system improvements including modification of the existing detention basin to accommodate increased runoff. Lighting, security call boxes and landscaping will also be provided . Approximately 200 cubic yards of fill will be required for pavement subbase. Approximately 1 . 1 acres of land will be affected by the project . Surface cover type changes within the 17+ acre watershed will be as follows : Existing (ac) Proposed (ac) Trees & Brush 11 . 00 10 . 90 Lawn 5 . 00 4 . 40 Asphalt Pavement 0 . 40 1 . 30 Gravel Pavement 0 . 60 0 . 50 TOTAL 17 . 00 17 . 10 Town of Ithaca mapping of Unique Natural Areas indicates UNA- 154 in the vicinity of the project (see attached) . Most of the project area in fact does not possess any unique natural features and is simply lawn area with occasional trees and stone drive. A small portion of the development at the east end does extend into the wooded hillside and will result in the loss of 0 . 10± acres of trees and brush within the mapped UNA. The amount of disturbance has been minimized and upland hardwood tree plantings (Red Oak, Sugar Maple and Ash) are proposed to mitigate impact . Storm system improvements will include extension of the existing 36" pipe under the connector road to intercept flows ( 100 year design storm) from the College Circle 450 South Salina Street P. O . Box 29 Syracuse NY 13201 - 0029 Tel 315 . 472 . 7806 Fox 315 . 472 . 7800 www. gpkdesign . com Apartment property (previously referred to as subarea 4 by T . G. Miller) and convey them into the existing storm line between the Kirshman and Yntema properties thereby maintaining the integrity of that system. Likewise, the 24" storm line conveying flows from the existing hillside ditch to the existing detention basin will also be maintained to ensure segregation of flows. Modifications to the detention basin will involve construction of a forebay at the inlet end to help settle out suspended sediments. The volume of the detention basin will also be increased to establish developed flow rates out of the existing outlet structure below existing flow rates (refer to Stormwater Pollution Prevention Plan) . The detention basin will be seeded with a wet meadow seed mix to provide further water quality control . Per the New York State Stormwater Management Design Manual, the project is classified as Condition A (less than 15% impervious area) and only an Erosion & Sedimentation Control Plan is required (refer to grading plan) . Lighting improvements will utilize the same light fixtures and poles as the recent College Circle Apartments project which are 400 watt, metal halide, cut off type fixture (US Architectural Lighting model RSB -24) at 25 ' mounting height . Five poles are proposed at approximately 100 ' spacing. Illumination levels will vary from approximately 7 . 3 foot candles near each pole to about 0 . 9 foot candles at the far side of the parking lot. 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COMBINES OPTICS : COMPUTER DESIGNED ONE PIECE SEMI SPECULAR HYDROFORMED REFLECTOR , TO PRODUCE CUTOFF .SHARP GASKETING : CLOSED CELL EPDM GASKETING COMPRESSED BETWEEN ODOR AND HOUSING WORKS IN COMBINATION TO OPTICAL LAMP HOLDER : MOSUL BASE PORCELAIN . OTHERS ]LAMP : ( BY ■ ■ - 2130 STARTING TEMPERATURE , LONG HEAVY WALL ■ ■ SECURED TO HOUSING ■ TO POLE WITH STAINLESS STEEL RODS . POLYESTER POWDER ■ OF ■ POWER 1400 TEMPERATURE INCORPORATES FOUR STEP IRON PHOSPHATE PROCESS TO CLEANSE ■ FOR MAXIMUM PAINT ADHESION . ELECTROSTATICALLY APPLIED TEXTURED POLYESTER POWDER TOP COAT 15 BAKED AT 400 * FOR MAXIMUM HARDNESS ■ EXTERIOR DURABILITY . U.L Listed for wet location :•: '•:. •-4 (:::::::tii::.l.O>W:ti!:}:S:::ry::.•j:•.):::!}•::::ti:isi:;i:::�:j::i::}::::i:::•}::}:�:C:. �:i. .. :.... •... . .. .-}}I:':'i:'}::::}::::}:::?:(:i::::::::::::+.:::::::::}::::::::?:}}f::}::::::::}::}:C(::C::}�-FI}:':-'::'::} ..:: ... '::: . ' . 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" :.C■i:�:i.}:.:ii.i::�ji.■i:. : ;■:i'[.:$ ■ OPTICAL SYSTEMS ENCLOSE 0 4 IN IMPACT RESISTANT TEMPERED GLASS LENS . 1 • :.: :i;i.:�i.::;.:i:.s�.:°;■i :t ::�}:.i■.�s.ii.i.:: ii. ■. f :i i.is..i■i.::i -:::i;::::;:::i;:�::•:: WIREWAY :;::i:G-i;•::::;Q':v:.i;TOOLESS ENTRY TO LAMP . A COMPARTMENT . 1 HOLES 1 >:: :::;;;;•;2• . ..................... . .................. ............... . ............ : ;;::.;»> ; : :;•:::i;:: :+:::n y•:i:}:::•: :i;;:::i;;::.:;;>• i;:i:.:;:•::>;::::•::;::i:»:<::•»:::: :::•:.;i::•;:i:::•;i;:i:.:<. .i;;:;;:. OPTICS LAMP OPTIONS ARM ;1 � BRONZE DIFFUSER■ ■ • � =• 11 HOUSE■ . ■ ■ BRONZE 11 PHOTO i; • U ■ 0.D ■ ■ PHOTO:;:•:; i .:! •EXAMPLE WTM •■ i . OSILVER III KNUCKLE ■ ■ [I TWIST •SLM O.D. XX (TO FIT OVER 2 P3,18 ■ • (FORWARD ■ U 11, . • AZ ANODIZED WALL MOUNT HOUSINO MUST DOUBLE FUSE FINISH COAT ji:: iji� (segmented) EXAMPLE AZDBM METAL HALIDE UNITS::i� USE ED28 LAMP .. . : : >:i .; } :ii;�::::-::�iii.`s:;ii:-�•s::-i.ii;�iii:.::::-v:::�.:ii;::::;>i:;'f:<:'::::::i'::<:ii:;:i::;:>:::?:i:::i::F:::::::�::;:ii:::::i�:::i;::;::::'i�:::;�::i<::;�:::';:�:;:::::;;:: COLORS ::: :. ..... .... .:::::: •::.•::. . . . . .:::: :. ::.:: :.. ::.: .. :.;;...:;. . .:.;:: .:::. . ..;:.;;r::-;:; :;-::;:•::•: >:.:::;.>::;.;;;;:.>:.;:.::.;;;:.;;:.;:.: :.:.;:.;;:.;:.;;•.;:;.;•.... : . wA1Ht f A1� • tEJ ?XLLI LnR:.9t35 . . ... . ...... ... . .. ... . ....... ... .. . .. .... ........ . . ... .. .. . . .......... . . . .. . . . ... .... . . . . . . .. .... ......... . . .. . . . .. . .. :. .: , . .: , .::::::::::::::::. .:: :.:.... .: .. :. . .. . .... . . .. ..r.. ... . . .. . .. . . .. . .r. . .. . . . . . . . . .... . .. . . ..... . .. ... .. . . . ..... ... .. .. . . .... . . . .. .... .::::::.�::::::::.::.:. 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SWCP 00 u COOPER Lighting Cooper Lightlng • 400 Busse Road * Elk Grove Village, Illinois 60008 Phone (847) 95648400 RS824IIIAWKH 24" DIA 8 10" DEEP R88 UNIT SEM SPECULAR BYDROFORM REFLECTOR 16" DIA CLEAR TEMPERED GLASS LENS RMERSE MOUNTED LAMP Number of lamps: 1 Lumen per lamp: 36000.00 Input watts: 470.00 Distribution! Direct symmeitye Bilateral 0- Leo Pbotometric type C Luminous shape: Point Units: Feet Luminous Dimension,: 0.180 Axia: 01000 90.270 Axis: 01000 Height: 01000 Spacing Criteria (0): 1062 Spacing Criteria (90): 2.22 Spacing CrlteAa (Four Luminaires): 1.93 candela >wt autua 0.0 45.0 90.0 ,135.0 I80.0 0.0 4576 4576 4576 4576 4576 5.0 5324 5165 4644 4236 4191 15.0 6479 6320 4939 3919 3693 25,0 6570 6207 5437 3829 3421 35,0 5346 8586 7657 4418 3036 45.0 4168 8405 8495 5890 2265 55.0 4621 6774 6185 3851 2401 65.0 6550 7725 5867 2990 1178 75.0 2062 4078 2854 748 475 85.049 68 113 91 45 90.00 0 0 0 0 7ena1 Lumen 8mum[uY Zone Lumens %Lamp %Fiat 0.30 4295 12 17 0.40 8187 23 32 0-60 17591 49 70 0-90 25108 70 100 90.120 37 0 0 _ 90. 150 72 0 0 80. 180 108 0 0 0- 180 25214 70 100 Total Luminaire Efficiency ■ 70% Ltuninan00 WtA 1o_cAn441A(gylf.Ye meter 0.0 45,0 90,0 135.0 180.0 -_ 0.0 0 0 0 0 0 45,00 0 0 0 0 55.00 0 0 0 0 65.00 0 0 0 0 75.00 0 0 0 0 85,00 0 0 0 0 9 — o. o GS ! - • ls . o _ • za , o ems. _ . . — is ; o tj a]o � •J 'C . _ . _ 45 . 4 •,`T,:' — 113 . t • n, _ . . _ 173. f 100 .1 This report is based on published industry procedures. Field performance may differ fro Z00 SWUULS 911IJAMI1 NII 'IVlb LLU C9t 9TC YVa MtT MOR WtVSO V .ti W 7d O - OI- OF OF OF Ile+ I4- A- OF OF O;- OF 14F d'F h 2t OF o - OF OF F A h 1t 24• PF OF OF OF OF 4?+ e** A • c'I Lm OF OF OF OF lF lj• lAF cM ' t V OF OF OF O - r4 l4 c'i J Ot of of ol• Oa• A- A O - Ole Ot OF OF Oh o of or of OF of 4F h Q F� O OI- ol- Or OF of It l' - OF OF OF OI 11 It t O OF OF OF OF AF JI°F Alo c`N 'F4— .. a O OF 4F OF OF 1F A- 44. o+ ON ... of Ot OF OF M- �N- rF e l4 OF of OF OF A- X 2+ OF 4F of OF A- d+ a I - b � Tpoorj j a. =30 co o N M ?' b a coo [a SKSLSAS 9NIJZDI 'I uIlvab LLU M 5TC YVA CZ : rT NOW CO / 10 / 80 a � p p ��i .�. 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Property Description Report Ithaca (Town ) Owner: ITHACA COLLEGE Status : Active Roll Section : Wholly Exem DANBY RD JOB HALL Swis : 503089 Tax Map# 42 . -1 -13 . 2 ITHACA NY 14850 Location : 1001 DANBY RD ITHACA COLLEGE Zoning Code : Site : 1 Neighborhood : 30020 Last Sale : Property Class : Rural Vac > 10 Land Type : Primary Sale Date : N/A Size : 0 x 0 Sale Price : N/A Land Assessment: $ 1425500 . 00 Valid : N/A Arms Length : N/A Total Assessment: $ 142 , 500 . 00 Deed Book : 582 Deed Page : 656 Total Acreage : 26 . 09 School District: Ithaca Prior Owner: N/A Structure - Building Style : 0 - Unknown Number of Baths : 0 Number of Bedrooms 0 Number of Kitchens 0 Utilities - Number of Fireplaces 0 Sewer Type Comm/Public Overall Condition Unknown Water Supply Comm/Public Overall Grade Unknown Utilities Gas/Elec Porch Type Unknown Heat Type Unknown Porch Area 0. 00 sq/ft Fuel Type Unknown Year Built Central Air Basement Type Unknown Improvements Basement Garage Cap . 0 - Attached Garage Cap . 0 Tax Information - Area - Taxes may not reflect exemptions or changes in Living Area : 0 . 00 sq/ft assessment! First Story Area : 0 .00 sq/ft Second Story Area : 0 . 00 sq/ft County Year Tax : $ 129 . 00 Half Story Area : 0 .00 sq/ft County Year: 2001 Additional Story Area : 0. 00 sq/ft School Year Tax : $0 .00 School Year: Three-Quarter Story 0 . 00 sq/ft Area : Finished Basement 0 . 00 sq/ft Number of Stories 0 Exemptions - Description Amount Exempt% Start End Vflag Hcode Own % MISC . $ 142 , 500. 00 1985 littp :Hasmsdg . tompkins-co . org/imate/printabie . asp 8/ 13/03 Printer Friendly Report Page 1 of 2 i Property Description Report Ithaca (Town ) Swis Code : 503089 Owner: Tax Map # : 43 . -1 -2 . 2 Status : Active TOMPKINS COUNTY I D A 1031 DANBY RD Site : 1 ITHACA NY 14852 Roll Section : Wholly Exem Last Sale : Zoning Code : Neighborhood : 30092 Sale Date : 0913012002 Property Class : Apartment Sale Price : $1 . 00 Valid : 0 Land Type : Primary Arms Length : N Size : 0 x 0 Deed Book: 2512 Land Assessment: $850 , 000 . 00 Deed Page : 582 Total Assessment: $7 , 7603000 . 00 Prior Owner : SOUTH HILL LAND ASSOC LLC Total Acreage : 16 . 3 School District: Ithaca Building 1 : Year Built: 1990 Construction Quality : AVERAGE Condition : Fair Gross Floor Area : 4668 Number of Stories : 2 Air Conditioning % : 0 Utilities : Sprinkler % : 100 Alarm % : 0 Sewer Type Comm/Public Number of Elevators : 0 Water Supply Comm/Public Basement Type : Unknown Utilities Electric Building 2 : Improvements : Year Built: 1990 Tax Information : Construction Quality : AVERAGE Taxes may not reflect exemptions or changes in Condition : Fair assessment! Gross Floor Area : 8800 Number of Stories : 2 County Year $78 , 775 .93 Air Conditioning % : 0 Tax : Sprinkler % : 0 County Year: 2001 Alarm % : 0 School Year $0 . 00 Tax : Number of Elevators : 0 littp ://asmsdg . tompkins-co . org/imate/coms/printable . asp 8/ 13/03 Printer Friendly Report Page 2 of 2 Basement Type : Unknown School Year : Site Used As : Use 1 : GARDEN APT . Total Units/Apartments : 324 Total Rentable Area : 126912 sq/ft Exemptions - Description Amount Exempt% Start End Wag Hcode Own% IND DEVEL $7 , 7609000 . 00 2003 littp :// asmsdg .tompkins-co . org/imate/coms/printable . asp 8/ 13/03 Printer Friendly Report Page 1 of 1 Property Description Report Ithaca Town Swis Code : 503089 Owner: Tax Map # : 43 . -1 -2 . 3 Status : Active TOMPKINS COUNTY I D A Site : 1 1031 DANBY RD ITHACA NY 14852 Roll Section : Wholly Exem Last Sale : Zoning Code : Neighborhood : 30092 Sale Date : 05131 /2002 Property Class : Apartment Sale Price : $300 , 000 . 00 Land Type : Primary Valid : 0 Arms Length : N Size : 0 x 0 Deed Book : 2507 Land Assessment: $800 , 000 . 00 Deed Page : 2243 Total Assessment : $31000 , 000 .00 Prior Owner: TNG LLC Total Acreage : 14. 2 School District: Ithaca Utilities : Sewer Type Comm/Public Building 1 : Water Supply Comm/Public Utilities Gas/Elec N/A Improvements : Building 2 : Tax Information : N/A Taxes may not reflect exemptions or changes in assessment ! Site Used As : County Year $659 . 30 N/A Tax : County Year: 2001 School Year $0 . 00 Tax : School Year : Exemptions - Description Amount Exempt% Start End Vflag Hcode Own% IND DEVEL $3 , 0009000 . 00 2003 http ://asmsdg . tompkins-co. org/imate/coms/printable. asp 8/ 13 /03 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS IN] ONDAY . SEPTEMBER 15, 2003 7 : 00 P. M . By direction of the Chairman of the Zoning Board of Appeals NOTICE 1S HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, September 15 , 2003 , in Town Hall , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY , COMMENCING AT 7 : 00 P . M . on the following matters : APPEAL of Town of Ithaca, Appellant, requesting variances from the requirements of Article 111 , Section 7 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a public utility building with a front yard building setback of 12 feet (25 foot setback required) and a side yard setback of 7 . 5 feet ( 10 foot setback required) at 202 Stone Quarry Road, Town of Ithaca Tax Parcel No. 40-3 - 14 .2, Residence District R-9 . Said variance requests are necessary due to the required placement of the building. � ^ APPEAL of Bonnie Howell , Appellant, Jim Wavle, Crown Construction, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain portions of an existing single-family residence with a side yard building setback of 12 + feet ( 15 foot setback required) at 883 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25 -2- 18, Residence District R- 15 . The appellant also plans on constructing a new outside wood deck with the 12-foot setback being maintained. APPEAL of College Circle Apartments, Owner, Michael O ' Shea, Agent, requesting a variance from Section 3 .02- 16 of the Town of Ithaca Sign Law, to be permitted to construct and place a 54 square foot property identification sign (24 square foot limit) at the College Circle and Danby Road, Town of Ithaca Tax Parcel No. 43 - 1 -2 . 2, Multiple Residence District. APPEAL of Cayuga Medical Center, Owner, Lawrence Hoffmann, Agent, requesting a special approval under Article V. Section 18 of the Town of Ithaca Zoning Ordinance, to construct an addition to the Medical Center, for use with Radiation Oncology, located at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No . 24-3 -2 . 1 , Residence District R-30. A variance from Article V , Section 18 . 10 is also being requested to permit a building height of 48 + feet (36 foot height limitation). APPEAL of Jim Merod, Appellant, requesting a variance from the requirements of Article IV, Section 11 .6 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a residential building with a height of 43 + feet (36 foot height limitation) at 17 John Street, Town of Ithaca Tax Parcel No. 56-3 - 13 .22, Residence District R- 15 . APPEAL of Scott Flatt, Appellant, requesting variances from the requirements of Article IV, Section 16 of the Town of Ithaca Zoning Ordinance, to be permitted to create, by subdivision, a parcel of land with road frontage of 27 + feet ( 60 foot frontage required) and 27 feet at the maximum front yard setback ( 100 foot width required) at 1020 Hanshaw Road, Town of Ithaca Tax Parcel No. 71 - 1 -66 .2 , 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 : September 5 , 2003 Published : September 8 , 2003 ZONING BOARD OF APPEALS SEPTEMBER 15 , 2003. RESOLVED that this Board grants the appeal of Bonnie Howell, Appellant, Jim Wavle, Crown Construction, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain portions of an existing single -family residence with a side yard building setback of no less than 11 . 5 feet , also being permitted to construct a stairway along the south side of the house to be no less than 11 . 5 feet from the side yard lot line at 883 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2- 18, Residence District R- 15. FINDINGS: a . The requirements for an area variance have been satisfied. CONDITIONS: a . All construction be as indicated on the applicant 's submitted plans. The vote on the a MOTION resulted as follows: AYES: Sigel, Ellsworth, Dixon NAYS: None ABSENT: Krantz, Niefer The MOTION was declared to be carried unanimously. APPEAL : College Circle Apartments , Owner, Michael O ' Shea , Agent, requesting a variance from Section 3 . 02 -16 of the Town of Ithaca Sign Law, to be permitted to construct and place a 54 square foot property identification sign ( 24 square foot limit) at the College Circle and Danby Road , Town of Ithaca Tax Parcel No . 43 - 1 -2 . 2 , Multiple Residence District. Chairperson Sigel — Hello . Could you please give us your name and address , for the record ? Could you just give us a brief over view of what it is you are asking to do ? Vincent Nicotra , QPK Design , 450 South Salina Street , Syracuse - Yes . This sign is designed to be installed at the entrance of the Phase I and Phase II of the recently completed College Circle Project . It represents , both in character and in configuration , similar signs of the one that is at the entrance to Ithaca College and also to the Coddington Road entrance of the college . Since the college controls the property , as part of their student housing , they wish to identify it as such and match the other entrances with the sign . This is approximately about 60 percent the size of the sign at the main entrance of the college and basically , the 6 ZONING BOARD OF APPEALS SEPTEMBER 15 , 2003 54 square feet most appropriately comes from the fact that it is an oddly configured sign and it is unique in it's design . That's really what's creating the 54 square feet . You have a 30 square feet variation . The sign is about four foot three at the front and about a little over a foot in the back . So , in terms of its impact on the site , it isn 't as if you are posting a 54 square foot sign on a pylon . This is close to the ground and it kind of matches that configuration . Chairperson Sigel — The 54 square feet is the entire concrete surface , is that correct? Mr. Nicotra — It ' s the entire concrete surface on one side . The face square footage . Chairperson Sigel — Right . So if, for instance , you , I think say , if you had your letters mounted on a , say a separate board and then it was just attached to the concrete . You could argue that that was just a support structure and it would not be included . Do you know the area of just , say , the circumscribed , a rectangle drawn around the letters ? Mr . Nicotra — I do not , but I would actually say it' s probably less than 24 square feet because it 's twelve feet , 3/4 of twelve is nine , so " Circle Apartments" would represent nine square feet and " Ithaca College " certainly isn 't 15 square feet , so it's under 24 square feet . Again , this was referred and we submitted the application to the Planning Board . Mr . Dixon — It's a lot smaller than the sign for the Museum of the Earth . Chairperson Sigel — That' s true . Mr . Frost — Is this the same size of the one by the Ithaca College entrance ? Mr . Nicotra — 60 percent of the size of that sign . That one is considerably larger. Mr. Frost — I think what ' s nice about the sign is that it is consistent with the Ithaca College main entrance sign , which is quite similar . Mr. Nicotra — Again , the intent here is to blend and match these both in style . The letter is not as tall . That is twelve inches at the main entrance , this is nine inches for "Circle Apartments" . So it's a . scaled down version of that sign . Chairperson Sigel — Do you know if the apartments formerly had any kind of variance for a sign ? Mr . Nicotra — I don 't believe there was ever a permanent sign out there . 7 ZONING BOARD OF APPEALS SEPTEMBER 15 , 2003 , Chairperson Sigel — Well we have a Planning Board resolution here which was unanimously approved , acting as Sign Review Board . Mike , any comments . Mr. Smith — Nothing really different than what's been mentioned . It's similar to the existing signs . It doesn 't have lighting ? Mr. Nicotra - No , no lighting . Mr. Smith — There is no lighting on it. Mr. Nicotra — There is a light pole , just behind it that will provide some light, but . that' s an existing pole . Chairperson Sigel - No specific illumination to the sign ? Mr. Nicotra — No . Chairperson Sigel — Okay . Any other comments or questions ? Chairperson Sigel opened the Public Hearing at 7 : 19 p . m . With no persons present to be heard , Chairperson Sigel closed the Public Hearing at 7 : 20 p . m . ZB RESOLUTION NO . 2003 - 054 : ENVIRONMENTAL ASSESSMENT : College Circle Apartments , College Circle and Danby Road , Town of Ithaca Tax Parcel No . 43 -1 -2 . 2 , Multiple Residence District. MOTION made by Harry Ellsworth , seconded by Andrew Dixon . RESOLVED that this Board makes a negative determination of environmental significance in the appeal of College Circle Apartments , Owner, Michael O ' Shea , Agent , requesting a variance from Section 3 . 02- 1 b of the Town of Ithaca Sign Law , to be permitted to construct and place an property identification sign not to . . exceed 55 square feet at the College Circle and Danby Road , Town of Ithaca Tax Parcel No , 43- 1 -2 . 2 , Multiple Residence District , based upon the Environmental Assessment Form prepared by Town staff dated August 26 , 2003 The vote on the a MOTION resulted as follows : AYES : Sigel , Ellsworth , Dixon NAYS : None ABSENT : Krantz , Niefer The MOTION was declared to be carried unanimously . 8 ZONING BOARD OF APPEALS SEPTEMBER 15 , 2003 ZB RESOLUTION NO . 2003 - 055 : College Circle , College Circle and Danby Road , Town of Ithaca Tax Parcel No . 43 -1 -2 . 2 , Multiple Residence District. MOTION made by Kirk Sigel , seconded by Andrew Dixon . RESOLVED that this Board grants the appeal of College Circle Apartments , Owner, Michael O ' Shea , Agent , requesting a variance from Section 3 . 02 - 1 b of the Town of Ithaca Sign Law , to be permitted to construct and place a property identification sign not to exceed 55 square feet at the College Circle and Danby Road , Town of Ithaca Tax Parcel No . 43- 1 -2 . 2 , Multiple Residence District . FINDINGS : a . The requirements for an area variance have been satisfied . CONDITIONS : a . The sign be built and placed as indicated on the plans submitted by the applicant . b . The sign not have any lighting . The vote on the a MOTION resulted as follows : AYES : Sigel , Ellsworth , Dixon NAYS : None ABSENT : Krantz , Niefer The MOTION was declared to be carried unanimously . APPEAL : Cayuga Medical Center, Owner, Lawrence Hoffmann , Agent, requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance , to construct an addition to the Medical Center, for use with Radiation Oncology , located at 101 Harris B . Dates Drive , Town of Ithaca Tax Parcel No . 24 -3 -2 . 1 , Residence District R -30 . A variance from Article V , Section 18 . 10 is also being requested to permit a building height of 48 ± feet ( 36 foot height limitation ) . Chairperson Sigel — Good evening . Paul Levesque , HOLT Architects — We ' re here tonight because the Cayuga Medical Center is an area zoned R-30 , it' s a permitted use for this special approval . So , we ' re here tonight to seek an approval for a radiation/ oncology 9 FILE CZW DATE it �( u 'o12 s ZB RESOLUTION NO . 2003- 054 : ENVIRONMENTAL ASSESSMENT : College Circle Apartments , College Circle and DanbV Road , Town of Ithaca Tax Parcel No. 43- 1 -2 . 2 , Multiple Residence District. MOTION made by Harry Ellsworth , seconded by Andrew Dixon . RESOLVED that this Board makes a negative determination of environmental significance in the appeal of College Circle Apartments , Owner, Michael O' Shea , Agent , requesting a variance from Section 3 . 02- 1 b of the Town of Ithaca Sign Law , to be permitted to construct and place an property identification sign not to exceed 55 square feet at the College Circle and Danby Road , Town of Ithaca Tax Parcel No . 43- 1 -2 . 2 , Multiple Residence District , based upon the Environmental Assessment Form prepared by Town staff dated August 26 , 2003 The vote on the a MOTION resulted as follows : AYES : Sigel , Ellsworth , Dixon NAYS : None ABSENT : Krantz , Niefer 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 September 2003 . m� Deputy Town Clerk Town of Ithaca FILE -�"-) - DATE CcoeO3 ZB RESOLUTION NO . 2003- 055 : College Circle, College Circle and Danby Road , Town of Ithaca Tax Parcel No . 43-1 -2 . 2 , Multiple Residence District. MOTION made by Kirk Sigel , seconded by Andrew Dixon . RESOLVED that this Board grants the appeal of College Circle Apartments , Owner, Michael O ' Shea , Agent , requesting a variance from Section 3 . 02- 1 b of the Town of Ithaca Sign Law , to be permitted to construct and place a property identification sign not to exceed 55 square feet at the College Circle and Danby Road , Town of Ithaca Tax Parcel No . 43- 1 -2 . 2 , Multiple Residence District . FINDINGS : a . The requirements for an area variance have been satisfied . CONDITIONS : a . The sign be built and placed as indicated on the plans submitted by the applicant . b . The sign not have any lighting . The vote on the a MOTION resulted as follows : AYES : Sigel , Ellsworth , Dixon NAYS : None ABSENT : Krantz , Niefer 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 September 2003 . Deputy Town Clerk Town of Ithaca TOWN OF ITHACA ZONING BOARD OF APPEALS SIGN - IN SHEET DATE : Monday , September 15 , 2003 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION ;! o s—( c-ff't & 6 3 C. r-O L.JVN. CO cat C,N(l 40 K < 1V W V J✓ l G GV�-L-G 15 3 7/� ti r vc. A. , AWA t r Cowes t 027 C4 /yha Sim r( c nL Zn C xv c � -3 p den jero A1Y l 07 u PART 11 - 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. C2 . Aesthetic, agricultural , archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: None Anticipated . The proposed sign will consist of concrete with metal lettering and is designed to match the style and finish of the existing sign at the entrance to Ithaca College on Danby Road. There is no lighting proposed as part of the sign . The sign is to be located in the median of the College Circle Apartments drive at 1033 Danby Road. 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 proposal is for a 54+/- square foot sign, where 24 square feet is allowed according to the Town Sign Law . The site is zoned Multiple Residence . 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 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 01W 8 2G /o 3 Name of Lead Agency Preparer' s Sf nature ( If different from Responsible Officer) Kirk Sigel, Chairman me & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE : 1 S Si n ture of Res o sible Officer in Lead Agency�— �— TONVN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , SEPTEMBER 15, 2003 7 : 00 P . N7 . By direction of the Chairman of the Zoning Board of Appeals NOTICE 1S HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, September 15 , 2003 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P . M ., on the following matters : APPEAL of Town of Ithaca, Appellant, requesting variances from the requirements of Article III , Section 7 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a public utility building with a front yard building setback of 12 feet (25 foot setback required) and a side yard setback of 7 .5 feet ( 10 foot setback required) at 202 Stone Quarry Road, Town of Ithaca Tax Parcel No. 40-3 - 14 .2 , Residence District R-9 . Said variance requests are necessary due to the required placement of the building. APPEAL of Bonnie Howell, Appellant, Jim Wavle , Crown Construction, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain portions of an existing single-family residence with a side yard building setback of 12 ± feet ( 15 foot setback required) at 883 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2- 18, Residence District R- 15 . The appellant also plans on constructing a new outside wood deck with the 12-foot setback being maintained. APPEAL of College Circle Apartments, Owner, Michael O ' Shea, Agent, requesting a variance from Section 3 . 02- 16 of the Town of Ithaca Sign Law, to be permitted to construct and place a 54 square foot property identification sign (24 square foot limit) at the College Circle and Danby Road, Town of Ithaca Tax Parcel No . 43 - 1 -2 .2 , Multiple Residence District. APPEAL of Cayuga Medical Center, Owner, Lawrence Hoffmann, Agent, requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to construct an addition to the Medical Center, for use with Radiation Oncology, located at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No. 24-3 -2 . 1 , Residence District R-30. A variance from Article V , Section 18 . 10 is also being requested to permit a building height of 48 + feet (36 foot height limitation) . APPEAL of Jim Merod, Appellant, requesting a variance from the requirements of Article IV , Section 11 .6 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a residential building with a height of 43 + feet (36 foot height limitation) at 17 John Street, Town of Ithaca Tax Parcel No. 56-3 - 13 .22, Residence District R- 15 . APPEAL of Scott Flatt, Appellant, requesting variances from the requirements of Article IV, Section 16 of the Town of Ithaca Zoning Ordinance, to be permitted to create, by subdivision, a parcel of land with road frontage of 27 + feet (60 foot frontage required) and 27 feet at the maximum front yard setback ( 100 foot width required) at 1020 Hanshaw Road, Town of Ithaca Tax Parcel No . 71 - 1 -66 .2, Residence District R- 15 . Furthermore, a request for a variance from the requirements of Section 11 . 2 is being made to create a two-family home with each dwelling unit having an equal floor area. 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 : September 5 , 2003 Published : September 8 , 2003 TOWN OF ITHACA FEE : $80.00 215 North Tioga Street RECEIVE.D: Ithaca, New York 14850 (607) 273 4783 CASH SIGN APPEAL CHECK - ( tob3 $ y � 8)���03 to the Building Inspector/Zoning Enforcement Officer ZONING: and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been denied pemlission to: CONSTRUCT -A 54 S . F . ENTRY SIGN AT THE INTERSECTION OF THE :=: COLL' EGE_ .CIRCLE APARTMENTS AND ROUTE 96B at ITHACA COLLECTF CAMPUS , Town of Ithaca Tax Parcel No. 43 - 1 - 2 : 2 as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of: Section(s) 3 : 02- 1 b of the Town of Ithaca Sign Law, Local Law No. 6- 1980, the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the Appeal, affirms that strict observance of the Sign Law would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: (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: F Date: Signature ofAppellant/Agent: Nil W Date: AUGUST 12 , 2003 Print Name Here: MICHAEL P . O ' SHEA Home Telephone Number: ( 315 ) 472- 7806 Work Telephone Number: C3151472- 7806 NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will gxpjr&. Your attendance at the meeting is advised. 61720 S ECIR PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION .( To be completed by plicant or Project Sponsor) 1 . APPLICANT / SPONSOR 2. PROJECT NAME Ithaca College College Circle Apartments Identification Sign 3.PROJECT LOCATION: Town of Ithaca Tompkins Municipality minty 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map 1033 Danby Road in median of College Circle Drive at highway frontage. 5. IS PROPOSED ACTION : F New F Expansion Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: 20! - 8" x varying width ( 1 ' - 7" to 6' -3") x f �° tall , double sided facility identification sign. L 3 , 7. AMOUNT OF LAND AFFECTED: Initially 0. 0005 acres Ultimately 0. 0005 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? aYes ✓] No If no, describe briefly: Exceeds 24 s.f. surface area : Applicant filed for appeal. Actual s.f. equals 54 s.f. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) FResidential F] Industrial ❑ Commercial Agriculture E] Park / Forest / Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) Yes El No If yes, list agency name and permit / approval: Town of Ithaca Planning Board & Zoning Board of Appeals sign approval 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? El Yes 21 No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? Dyes ✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant A7, hac leg , Fred nderburgh Date: Signature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPACT ASSESSMENT o be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAR ❑ Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ❑ Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems?. Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or Intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Longterm, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: C7. Other impacts jincludin2 chap es in use of either quan& or t e of ene5XZ Explain briefl : D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA ? If es, ex ain briefl Yes F" E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If Xes a lain: Yes No PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) 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 materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible o icer) FLI E 1 ADOPTED RESOLUTION : PB RESOLUTION NO . 2003-076 DATE p Recommendation to Town of Ithaca Zoning Board of Appeals Sign Variance — College Circle Apartments 1033 Danby Road Town of Ithaca Tax Parcel No. 43-1 -2 .2 Sign Review Board ( Planning Board ), September 2 , 2003 MOTION by Larry Thayer, seconded by Kevin Talty. WHEREAS . 1 . This action is consideration of a recommendation to the Zoning Board of Appeals regarding a sign variance to allow a 54 +/- square foot sign at the entrance to the College Circle Apartments at 1033 Danby Road , Town of Ithaca Tax Parcel No . 43- 1 -2 . 2 , Multiple Residence , College Circle Associates , LLC / South Hill Land Associates , LLC , Owner; QPK Design , Applicant ; Michael P . O ' Shea , Agent , and 2 . The Planning Board , at a Public Hearing held on September 2 , 2003 , has reviewed and accepted as adequate , drawings titled "College Circle Apartments — Permanent Signage , " sheet MS - 1 , dated June 27 , 2003 , and sheet MS-2 , dated July 1 , 2003 , prepared by QPK Design , and other application material , and NOW THEREFORE BE IT RESOLVED . 1 . That the Town of Ithaca Planning Board , acting as the Town of Ithaca Sign review Board , recommends to the Zoning Board of Appeals that the request for the sign variance be granted . The vote on the motion resulted as follows : AYES : Wilcox , Hoffmann , Conneman , Mitrano , Thayer, Howe , Talty NAYS : None . 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 Planning Board of the Town of Ithaca at a regular meeting on the 2nd day of September 2003 . TeWR Cie* Deputy Town Clerk Town of Ithaca _ = � n � m a ^—VL Ln Ln rn Dr 2mnK m � D r o _ o ' n � � ton � toc� N O W V m _ m0r m o \ a j - - - - - - 1 . C z � z z x z I� 0 ° - 1mm -+ � c� z � J oo r- -< -+ z zEq ., Xm 0m ° o c� � 4 -3 + - No ;uM Z o 1 i' EXPOSED CONC. m 1 -7 . z -+ mom az W 20 ra - - - \ m 0TiX MZ I , 1 c � nZ -+ mo I I m ro I T TI W a i i z D i t � r 0 I •. I � — 4 0 v cz r • i ° o f r rn DD D I . . I C3 I z 0 > z r!1 Z X 1 11 ABOVE I FINISH GRADE 5^ ® • m m (MIN) rn I � � I � z 0 = I o C I 1• I ' � I � � i ,�,i c� I I L. •_. � �, .� I j I m I L - - - - - I 61-2X6" - - - - 3" 1}�" 2 1O" \ \ - - - - - � ° O W vO e • a Fi- �� m> COO L LIBRIE. CONC QPQ C � `q � 02 m_ .ou TOWN OF nMCA ° � ..rte �� .a.r� �� 0� -. �r .�... ..� � tee.. � •.,,� �� 1� �,..� m T. ' 1 i • r¢ .. 0 f iv Tip I � a s R'f 0011 a2ggoo L. > C � = COLLEGE CIRCLE APARTMENTS � ; f m wy - PERMANENT SIGNAGE ,�i1 � ? z � a N w ~ °o = = TOWN OF ITHACA ' 1u 5 cl a it P�;; iy Tompkins, aunty AUG 2 0 � * DEPAR YKIER AO:F PLANNING r / 9 TOWN OF ITHACA r , BUILDING/ZONING 121 East C_`ourt Street/1j) t * llthaca,aNew York%14850 Edward C. Marx, AICP \ f`'" J/f Telephone (607) 274-5560 Commissioner of Planning . /� Fax (607) 274-5578 August 19, 2003 Mr. Andy Frost, Building/Zoning Officer Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action : area variance - signage, College Circle, Tax Parcel No . 43 . 4 -2 . 2 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. Sincerely, fl�� (2 z � Edward C . Marx, AICP Commissioner of Planning TOWN OF ITHACA ZONING BOARD OF APPEALS AGENDA MONDAY, APRIL 15 , 2002 7 : 00 P . M . 1 ) Decision on College Circle Apartments, adjourned from March 25 , 2002, 1033 Danby Road, 2) Appeal of Deborah Valentine, 120 Pine Tree Road. 3) Appeal of Conifer Realty, Mecklenburg Road. 4) Appeal of John Tilitz, Trumansburg Road. 5) Appeal of Michael and Lorie Lupo, Iradell Road. 6) Appeal of George Blanchard, King Road East, Andrew S . Frost Director of Building and Zoning 2734 783 Dated: April 4, 2002 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, APRIL 15, 2002 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 15 , 2002, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P.M. , on the following matters : APPEAL of Deborah Valentine, Appellant, Attorney Paul Tavelli, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing two-family home with a north side yard building setback of 7 ± feet from an attached garage ( 10 foot setback required) at 120 Pine Tree Road, Town of Ithaca Tax Parcel No. 58-2-20, Residence District R- 15 . APPEAL of Conifer Realty LLC, Appellant, John Fennessey, Agent, requesting a variance from the requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town Law, to be permitted to create, by land subdivision, building lots not having frontage on a Town, County, or State highway near 1300 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27- 1 - 13 . 12 and 13 . 16, Residence District R- 15 . APPEAL of John Tilitz, Appellant, requesting a variance from the requirement of Article V, Section 21 and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a single-family home on a building lot having a lot width of 60 feet at the roadside and at the maximum front yard setback, whereas 100 feet and 150 feet respectively is required, near 1447 Trumansburg Road, Town of Ithaca Tax Parcel No. 23 - 141 .2, Residence District R-30. APPEAL of Michael and Lorie Lupo, Appellants, requesting a variance from the requirements of Article V, Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town Law, to be permitted to build a residence on a building lot having a lot width of 60 feet at the roadside and at the maximum front yard setback, whereas 100 feet and 150 feet respectively, is required, near 125 Iradell Road, Town of Ithaca Tax Parcel No. 24- 1 -7 .2, Residence District R-30. APPEAL of George Blanchard, Appellant, requesting a variance from the requirements of Article V, Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town Law, in order to create by subdivision, a building lot that does not front on a Town, County, or State highway near 165 King Road East, Town of Ithaca Tax Parcel No. 44-2-7, Residence District R-30. Said Zoning Board of Appeals will at said time, 7 :00 p.m. , and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated : April 4, 2002 Published : April 8, 2002 L & FILE k �o DATE t 10 RESOLUTION NO . 2002- 14 - JMS RealtV, 1033 Danby Road , Town of Ithaca Tax Parcel No. 43 , M 1 =2 . 2 and 41 - 1 -2 . 3 , April 15 , 2002 . MOTION made by Harry Ellsworth , seconded by Ronald Krantz . RESOLVED , that this board grants the appeal of JMS Realty , requesting modifications to previously granted approvals for the College Circle Apartments from January 24 , 1990 and variances from Article VI , Section 26 and 29 , and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to permit an increase in the number of persons allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road , Town of Ithaca Tax Parcel No . 43- 1 -2 . 2 and 2 . 3 in a Multiple Residence Zone based upon the following : Findings : The requirements for an area variance have been met . Conditions : All conditions imposed by the planning board in their Resolution No . 2002 -33 are also included as conditions of this resolution . The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Stotz , Krantz , Niefer. NAYS : None . ABSTAIN : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I , Carrie Whitmore , Tewn-Clerk/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 April 2002 . ti Town Clerk/Deputy Town Clerk Town of Ithaca FILE DATE RESOLUTION NO . 2002- 13 = Adjournment of JMS Realty, 1033 Danby Road , Tax Parcel No . 43 , - 1 =2 . 2 and 43 . - 1 -2 . 3 , March 25 , 20028 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED , that this board adjourns the appeal of JMS Realty , requesting modifications to previously granted approvals for the College Circle Apartments from January 24 , 1990 and variances form Article VI , Section 26 and 29 , and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to permit an increase in the number of persons allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road , Town of Ithaca Tax Parcel No. 43 . - 1 -2 . 2 and 2 . 3 in a Multiple Residence Zone until the April 15 , 2002 Zoning Board of Appeals meeting . The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Niefer . NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I , Carrie Whitmore , 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 25th day of March 2002 , Tewn Glerk/Deputy Town Clerk Town of Ithaca FILE -�_ TOWN OF ITHACA ZONING BOARD OF APPEALS DATE MONDAY, APRIL 15 , 2002 7 : 00 PM PRESENT : Kirk Sigel , Chairperson ; Harry Ellsworth , Board Member; David Stotz, Board Member; Ronald Krantz , Board Member; James Niefer, Board Member; Andy Frost , Director of Building/Zoning ; Randy Marcus , Attorney ; Mike Smith , Environmental Planner, ALSO PRESENT : Herman Sieverding , IAD ; Tom Salm , Ithaca College ; Deborah Campbell , 1445 Trumansburg Road ; Paul Tavelli , 120 Pine Tree Road ; Tom Gilbert , 15 Thornwood Drive ; Mike & Lorie Lupo , Iradell Road ; Kim Dunnick, 10 La Grand Court ; Bob Shaw , 313 Roat Street ; John Fennessey, Conifer Realty . Chairperson Sigel called the meeting to order at 7 : 06 p . m . The first appeal to be heard was as follows : DECISION of College Circle Apartments , adjourned from March 25 , 20029 1033 Danby Road . This appeal was not recorded due to technical difficulties. RESOLUTION NO. 2002 44 - JMS Realty, 1033 DanbV Road, Town of Ithaca Tax Parcel No 43. - 1 w2.2 and 43. - 1 -2. 3, April 15, 2002. MOTION made by Harry Ellsworth, seconded by Ronald Krantz. RESOLVED, that this board grants the appeal of JMS Realty, requesting modifications to previously granted approvals for the College Circle Apartments from January 24, 1990 and variances from Article Vl, Section 26 and 29, and Article Xlll, Section 65 of the Town of Ithaca Zoning Ordinance, to permit an increase in the number of persons allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road, Town of Ithaca Tax Parcel No. 43- 1 -2. 2 and 2. 3 in a Multiple Residence Zone based upon the following: Findings: The requirements for an area variance have been met. Conditions: All conditions imposed by the planning board in their Resolution No. 2002-33 are also included as conditions of this resolution. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer. NAYS: None. TONN'N OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , MARCH 25, 2002 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 25 , 2002 , in Town Hall , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P .M . , on the following matters : APPEAL of Orlando Iacovelli , Owner/Appellant, Edward Mazza, Esquire, Agent, requesting a special permit under Article III, Section 9 of the Town of Ithaca Zoning Ordinance, to permit the occupancy of a two-family residence by up to six unrelated people at 271 Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 54-6-7, Residence District R-9 . APPEAL of Alan Falk, Owner/Appellant, Richard Hautaniemi , RA, Agent requesting a variance from the requirements of Article IV , Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town Law to permit the modification of a second dwelling unit and the enlargement of the existing two-family residence, that does not have building frontage on a Town, County, or State highway located at 501 Warren Road, Town of Ithaca Tax Parcel No: 70- 1 -42 , Residence District R An authorization from the Zoning Board of Appeals under Article XII, Section 54 may also be requested as the property is non-conforming with current regulations. APPEAL of Patricia Pullman, Tompkins Trust Company, Appellant/Agent requesting a variance from the requirements of Article IV, Section 14 and 16 and Article XIII, Section 57 of the Town of Ithaca Zoning Ordinance, to permit an existing non-conforming single-family residence with a deficient south side yard building setback and a deficient building lot width, to be modified with the addition of a second dwelling unit within said building located at 985 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 -2-28, Residence District R- 15 . An authorization from the Zoning Board, under Article XII, Section 54 to permit said addition may also be requested. APPEAL of the Coddington Road Community Center, Appellant, Anne Morrissette and Claudia Brenner, RA, Agents, requesting a special approval under Article V, Section 18 and Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge an existing non-conforming day care center by 1 ,900 ± square feet located at 920 Coddington Road, Town of Ithaca Tax Parcel No. 47- 1 - 11 .3 , Residence District R-30. APPEAL of JMS Realty, Owner/Appellants, Integrated Acquisition and Development Corporation/Herman Sieverding, Agent, requesting modifications to previously granted approvals for the College Circle Apartments from January 24, 1990 and variances from Article VI, Section 26 and 29, and Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance, to permit an increase in the number of persons allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road, Town of Ithaca Tax Parcel No. 43 - 1 -2 . 2 and 2 . 3 in a Multiple Residence Zone . 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 14 , 2002 Published : March 18 , 2002 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED Attorney Barney - Yeah , but the problem is he wouldn 't have heard the presentation tonight . He would need to make his decision based on the minutes and things like that , which I am sure Carrie will have done . Mr. Ellsworth - It looks like a good night for public hearings . Chairperson Sigel - You ' re going to be here next month ? Mr. Ellsworth - Yeah . Mr. Frost - The motive here simply was to , because we already have six cases this will make seven cases , is to try to efficiently use the time we have tonight to carry over the decision . Chairperson Sigel - Okay . The fifth appeal to be heard was as follows : APPEAL of JMS Realty , Owner/Applicants , Integrated Acquisition and Development Corporation/Herman Sieverding , Agent , requesting modifications to previously granted approvals for the College Circle Apartments form January 24 , 1990 and variances from Article VI , Section 26 and 29 , and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to permit an increase in the number of persons allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road , Town of Ithaca Tax Parcel No . 41 - 1 -2 . 2 and 2 . 3 in a Multiple Residence Zone . Chairperson Sigel - Would somebody like to . . . ? Herman Sieverding , IAD - I work with Integrated Acquisition and Development . With me are Tim Colbert and Tom Colbert and Phil Perjanski from Integrated Acquisition and Development and Tom Salm , Vice President of Business Affairs at Ithaca College . Brian Mc Aree , who is the Vice President of Students Affairs at Ithaca College , was going to be here as well , but given the weather side of that it was probably better for him to stay home . I think you have the application that we prepared that has a narrative description of the two variances that we ' re seeking . One is actually a modification of a condition to a variance that was granted to this property in 1990 . That variance had to do with the number of unrelated individuals occupying a dwelling unit . The Zoning Board of Appeals at the time that that variance was granted made a condition to that variance , essentially repeating a condition that the Planning Board had imposed when it did site plan review for that project in 1988 and 1989 . That limited the occupancy of the property to no more than 600 persons . So one of our requests is to modify the condition to that variance that would allow an increase in occupancy to a maximum of 750 persons . The second request is an area variance relative to parking . The Town of Ithaca Zoning Ordinance stipulates that parking stalls or parking spaces be 180 square feet . Typically that translates into a 9 by 20 parking space . Our site plan and site plan discussions with Planning Board have been based on utilizing an 8 foot 6 by 18 parking space in front of the apartments . The 9 foot by 18 foot . n front of the proposed community building , which is in the center of the circle . Each of those spaces is less 19 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED than 180 square foot that is stipulated in the ordinance , 152 or 163 square feet respectively. So we ' re asking for an area variance from that particular provision . I guess we could start with the modification discussion first ? Chairperson Sigel - Sure . Mr. Sieverding - We have proposed and have been discussing with the Planning Board a proposal whereby Integrated Acquisition would acquire the College Circle property and renovate the first phase , complete the construction of the second phase and then lease the property to Ithaca College . Ithaca College would operate and manage the property . Why are we doing this ? Several reasons I think as we explained in the narrative . Ithaca College has identified housing demand of somewhere between 600 to 800 beds . This demand has been identified by the college over a series of strategic plans and master plans . The most recent master plan , which I think has been presented to various boards and committees of the Town and that , stipulated the demand for 600 to 800 beds . We believe that College Circle provides an opportunity to respond to that demand in a way that we feel has certain benefits I think both for Ithaca College and for the Town . It 's a site that is already approved for 449 apartments albeit with the stipulation that the occupancy can 't exceed 600 persons . We believe that by developing this relationship with Ithaca College it will bring stronger, more comprehensive management to the site. I think the reasons that we 've outlined here that would support modifying this condition are several . think there are both significant additional capital and operating expenses that will be incurred as part of the overall redevelopment of the property . In terms of capital expenses , our site plan proposal to the Planning Board includes I think four major elements . There is the community building that is in the center of the site . It is a 7 , 885 square foot building . A connector road , which will be on the north end of the site that would establish a direct physical connection between the College Circle property and the main campus . The campus , Ithaca College is proposing to extend its data and voice networks systems to all of the apartments at College Circle . The college is proposing to extend its blue light system . In fact , our site plan now shows 18 blue lights scattered throughout the property. All those are sorts of initial capital expenses that weren 't initially anticipated when the project was first developed . In terms of operating expenses , the college has prepared a pretty comprehensive staffing and management plan for the property . That includes a live- in Resident Director. It includes Resident Assistants at about a ratio of 1 for every 100 to 125 students who will reside in the property . The campus will extend all of its security and life safety patrol and services to the College Circle property. The Ithaca College physical plant group will maintain the College Circle property . There would be a number of programs and corresponding staffing that would be run out of the community building . Again , I think all of those features add additional operating costs to the property that weren 't originally anticipated , but that we feel are absolutely essential in terms of improving the management of the property. Chairperson Sigel - Can you tell me what is the capacity of the units currently built ? How many occupants ? 20 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED Mr. Sieverding - There are or will be once the second phase is completed a total of 600 bedrooms . There are 149 apartments . It ' s a mix of two bedroom , three bedroom and four bedrooms . Chairperson Sigel - What is the capacity of what is built now? Mr. Sieverding - I ' m sorry . There are 89 apartments with 324 beds . We are proposing to add 60 apartments with 276 beds . Chairperson Sigel - When you say 324 beds that is in some cases two people in a bedroom ? Mr . Sieverding - No . The 600 is at one person per bedroom . What is being proposed is that certain bedrooms would have double occupancy in order to get to the 750 occupants . Chairperson Sigel - Okay , So currently there are 324 bedrooms . . . Mr. Sieverding - In the first phase of the property . Chairperson Sigel - And they hold at most 324 people ? Mr. Sieverding - Correct . Chairperson Sigel - And you are looking . . . will the capacity be exactly 750 for the new proposed ? Mr. Sieverding - I think that Tom can sort of help respond to that . I think that 750 are what I would call an upset figure that is the targeted number for the college . That would be predicated on doubling up in some of the bedrooms . If you were to take a look at the floor plans for these apartments there are any number of bedrooms , but particularly the four and five bedroom apartments and some of the threes that have bedrooms that are in excessive of 145 or 150 square feet , those are the ones that have been targeted for double occupancy . Chairperson Sigel - So , you are looking at increasing it by about 425 occupants ? Mr. Sieverding - If you are counting the yet to be built second phase . Chairperson Sigel - Yeah , above what is currently built . Mr. Sieverding - Above what is currently constructed . Chairperson Sigel - Presently , 1 assume it is almost all or entirely students in there ? Mr. Sieverding - Yes . Chairperson Sigel - So the benefit to Ithaca College is room for 425 more students? Mr. Sieverding - Yes , over and above what' s been constructed , not over what has been approved . 21 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED Chairperson Sigel - I understand that . And Ithaca College will be running this as college housing ? Mr. Sieverding - Correct . Chairperson Sigel - It will be part of the normal college housing system ? Mr. Sieverding - That ' s right . Chairperson Sigel - Students will be paying their rent and everything to Ithaca College . Mr. Sieverding - To Ithaca College , that' s right . Chairperson Sigel - Rather than a separate leasing agency as it is now . Mr. Sieverding - That' s exactly right . Resident 's Life will be running the property . As I mentioned , there will be a resident director on site who will oversee student activities and behavior on the site . All of the leasing , all of the operation , all of the management would be by Ithaca College under this arrangement . Chairperson Sigel - And Ithaca College will be paying your company , I assume , a lump sum ? Mr. Sieverding - It 's a master lease lump sum payment . Chairperson Sigel - I ' m sorry . Go ahead with your. . . Mr. Sieverding - I think the point I want to make in summarizing the variety of physical improvements and the annual operating expenses related to running all these programs , I think it really forms the basis for the request for the increase in occupancy . The project needs to generate additional income in order to support the variety of physical and programmatic improvements that are being brought to it . A lot of those physical improvements are designed to really integrate this property into the campus . Make it feel as if it is part of the campus . Tom Salm , VP Ithaca College - Can I make a comment ? Let me just remind you that the last time I was down here we were looking for some additional parking . If you remember, we talked about the master plan that we were working on or are working on at that time . And if you remember, part of our strategic plan and in our master plan was to add 600 to 800 beds to the campus . At the time that I was down here we didn 't know where those were going to be , but we did know that we wanted to go out and try to find an arrangement with a developer. What turned out to be the best opportunity we thought was to work with this combination of JMS Realty for purchase of that property . Then work with the Integrated people to put that together. I say that because this will take care of that need in our master plan and then it won 't be necessary for us to come back in looking for another complex to build if we are able to accomplish this . But , we need the beds in that kind of a range in order to deal with the number of students that we would like to have on campus . Some of you might have remembered having heard me talk about that . I just thought that might be helpful as background . 22 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED Chairperson Sigel - So does the college view this as the acquisition of effectively 750 beds or . . . ? Mr. Salm - Absolutely . Chairperson Sigel - Or just as the difference ? Mr. Salm - No . It will all be under the purview of the college so it is acquisition of 750 beds. So for us it is the same as if we had gone out and found a totally separate party to work with us on some kind of a development and we were intent on doing it with a developer rather than trying to do it ourselves for financial reasons . They will all be under our control . Chairperson Sigel - So you don 't feel that effectively the removal of the present . . . Mr. Salm - The roughly 324 that are there . . . Chairperson Sigel - Yeah , from the non -college market or from the private market will not affect the demand for beds on campus? Mr. Salm - No , because remember it is all Ithaca College students right now . All 324 beds are currently occupied by Ithaca College students . In essence we are just going to kind of absorb that and then pick up the 400 plus additional beds to work towards the numbers that we want under our supervision . Ultimately the students that have been there will either go to live someplace else or they will live with us and live under our rules . Chairperson Sigel - Okay . Mr. Sieverding - I think it should be fair to point out that our discussion relative to this occupancy level , we spent a quite of bit of time talking to the Planning Board about that , not to confuse matters here . With the Planning Board , there was a discussion of a two-tier structure in terms of occupancy ; I think you should be aware of. Seven hundred fifty for the college and because there is a provision in the agreement whereby after a certain point in time , while we don 't think it is likely , management of the property could revert to Integrated Acquisition and Development . We had discussed with the board , I think , a revised occupancy structure for IAD of somewhat less than the 750 , 690 . In fact this was part of the proposed condition to site plan approval that was discussed with the Planning Board at the meeting , which the Planning Board agreed with . I think in terms of the economics of that I think IAD operates at a somewhat different cost structure than the college does . We believe that 690 occupants , we can amortize the cost of the capital improvements that are being made as well as absorb with the additional beds , the increase operating cost that we will experience . Those operating costs are in direct relation to trying to match point for point the type of operating programs that the college is bringing to the property . So where we mentioned before where the college would have a resident director and resident assistants at this ratio of 1 to 100 or 125 students , we would match that by having a leasing manager on site and then having assistant managers in that same ratio . Basically , to fulfill the functions of residents assistants . So point for point , we have matched that . I think that is basically the essence of our request relative to the modification of this condition . Chairperson Sigel - How long is the agreement that you ' ve entered into with Ithaca College ? 23 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED Mr. Sieverding - The overall agreement is 40 years . So it is a housing agreement that is 40 years long , but it does provide this option for management to revert back to Integrated Acquisition . Chairperson Sigel - Before the 40 years is up ? Mr. Sieverding - Yes . Chairperson Sigel - Is there any guarantee for how long Ithaca College will perform the management functions ? Mr. Salm - Only as we were to have control of the property , but we do have a responsibility to provide students to the project for the entire 40 years . So , even if we ' re not managing it , we will put students there . That is why we along with IAD were interested in seeing a similar kind of supervision to be continued if the college were to get out of this agreement . It is very unlikely that would occur. This is a process that occurs nationally in terms of way that colleges and universities work with developers . The problem is they are both looking for. protections under certain circumstances if things were to really go sour or enrollment fell by 1 , 000 or 1500 students . They want some assurances . The reverse is that if we found that if they needed to get out for some reason , they should have the opportunity as well . The expectation is that we will be in it for the long haul . This is our 750 beds , like I said , as part of our master plan that we are depending on to use for the next 40 years . Mr. Sieverding - I think in sort of reading the section of the ordinance that applies to this condition , there are a couple of factors or couple criteria that you will be looking at that have to do with whether or not granting this condition would have any undesirable change in the neighborhood or any adverse impact on the environment . I think in our narrative I think we tried to spell out why we don 't think either of those events would occur. I think in terms of density , this is a 30 . 5 acre site . Even at 149 apartments , we are talking about 4 . 8 units per acre , which if you compare that with other multi -family residential developments in the county , which generally rank between 12 to 18 units per acre . We ' re substantially lower. I think parking . . . I think we 've demonstrated in our site plan discussions that particularly by going to the 8 foot 6 wide stalls , we can provide adequate parking on the site . I think we total 552 spaces on the final plan . I think , again , relative to your earlier question , the increased occupancy doesn 't involve any additional building . It doesn 't result in any additional impervious surface being added to the site . The increase is really gained by doubling up in what are certain pretty large bedrooms in some of these units . Thus , in terms of environmental impact , there really is no environmental impact that would be caused by this change . Similarly , traffic . Traffic , we did a very detailed traffic analysis . SRF Associates did this as part of our site plan package . They determined that at the numbers that we 've been discussing , there would be little to no adverse impact on traffic on Route 96 . Particularly , with the construction of a connector road that will connect the College Circle property to the Ithaca College campus . Chairperson Sigel - Are the bedroom sizes that you are anticipating having two students , are they at least as large as similar bedrooms as other on -campus housing that would have two students ? 24 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED Mr. Salm - Yes , in fact , they are larger on balance by far than what we have in our Garden Apartments . The other place that we have apartments is just the Garden Apartments and they are quite a bit smaller. We have two , three and four bedroom with three , four and five students in them now in the Garden Apartments as well . Mr. Sieverding - These are very large units . I think the four and five bedroom units , Tom correct me , are in the range of 2200 square feet . They go down from there . They are very large units . Everybody who goes into them comments on them . We 've taken just about every various sort of categorical functions within the college : life safety , maintenance people , and resident 's life . They are actually quite amazed at how large these units are . I don 't know if you want to move right into discussion on the parking or . . . ? Chairperson Sigel - Any other questions ? Mr. Niefer - Reference is made to traffic studies and traffic flows and so on and the connector road . I believe there is some reference also made to some type of a bus service from this complex over to the main campus . Is that going to be Ithaca College bus service or is it going to be TCAT service ? Mr. Sieverding - It is going to be TCAT service . In fact , Tom Salm , Tom Colbert and I along with several other people at Ithaca College met with Rod Ghering and Dewight Mingle just today to sort of refine a proposal for TCAT service that we would like to have in place no later than August of 2003 . August of 2003 is the scheduled completion date for the new construction . That's really when the occupancy levels we are talking about would be hit . I think that the Planning Board will have as a stipulation to our site plan approval that the connector road be completed at that time . It would be within that time frame that we would also like to have the TCAT bus service in place . Chairperson Sigel - Will that service be primarily to get off campus or also within campus? Mr. Sieverding - The route that we discussed today would actually go through the College Circle property and through campus . There are two different alternatives that we ' re discussing with them . One is the modification of an existing route , route 11 . The other is the creation of a new route . The new route , if we go that way , would primarily serve the campus . Although , it is likely that it would also go down to upper South Hill . Down Coddington Road , across Hudson Place , circulate by Hudson Heights and then go back up through campus , College Circle and then back again . Route 11 is an existing route . We are also looking at reversing that route and bringing it up Aurora Street . Right now it comes up Coddington , circulates through College Circle and campus . Go back down to Green Street , turn around and come back up . Chairperson Sigel — How far is it from these units to say where students would typically go for classes ? Is it anticipated that students would typically walk that or . . . ? Mr. Sieverding - Ideally , it would be a combination of walking and taking TCAT service if we had the bus . I think we estimated that the walk from College Circle to the main portion of campus is probably in the 12 to 15 minute range . 25 ZONING BOARD OF APPEALS MARCH 25 , 2002 MINUTES APPROVED Chairperson Sigel - Okay . Mr. Salm - They do it now . Remember, again , that it is full of Ithaca College students right now and we get a mix . Mr. Sieverding - You see them walking back and forth . Chairperson Sigel - I assume now , few if any , take TCAT . Mr. Sieverding - Right , because there is no bus service . Mr. Salm - TCAT doesn 't service up there right now . That is one of the things that we are working on a plan . Again , if you remember my discussing parking , we finally, finally got started with free bus passes for all of our employees . That started just two weeks ago . We are doing discounted bus passes for our students now . We want to extend that also to Longview . Route 11 did get changed around to go to Longview once an hour. We would like to extend that so that we have Longview twice an hour as well as College Circle and College Circle being serviced on the interior road . I think we will get a lot more play . That is what we are working on . Chairperson Sigel - Any other questions at this time ? Go ahead , did you want to talk about the parking ? Mr. Sieverding - Yeah , the other request is an area variance relative to the parking . I think without getting into a detailed discussion on sort of the evolution of parking spaces , the fact of the matter is that increasingly parking space sizes have really evolved . I think over the years from the standard 180 square feet , 9 by 20 stall down to typically 8 foot 6 by 18 . 1 think that is the standard most commonly used . I know it is the standard in the City of Ithaca Zoning Ordinance . It is the standard that is used at Cornell . That standard has really been arrived at , I think , through a series of studies that have been conducted by the National Parking Association in conjunction with the Urban Land Institute . In fact , if you were to look at the most recent edition of the Dimensions of Parking , which was just published in January of 2000 , they've established a size relative to the type of landuse in question and whether you are talking about parking spaces that turn over frequently versus less frequently , low , medium , high rate of turn over. I think the kind of parking that we are talking about here at College Circle is low turn over parking . The recommendation that they make is that a stall that is 8 foot 6 is adequate to serve that type of parking demand . I think that is true more so when you take a look at the overall geometry of your parking lot . Parking stall sizes is also a function of the size of the drive lane that is servicing those parking stalls . The standard parking module is 59 to 60 feet curb to curb . We have 61 feet . So if you have 18 feet parking stalls , that leaves you a little over 12 foot drive lanes . Again , it makes movement in and out of these parking spaces that much easier. Mr. Ellsworth - What are you doing ? Coming down from 9 foot to 8 . 5 foot to get more parking on the width ? Mr. Sieverding - Exactly right . The way the math works out is that generally , I think it is about every 18 or so spaces that you do on a 9-foot stall , if you do on an 8 foot 6 , you pick up an additional parking space . So by changing this layout on the site , we can pickup an approximately an additional 26 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED 30 parking spaces . Where we are not doing this in terms of the 8 foot 6 parking stall width is in the center of the site in front of the community building . I think those spaces you can anticipate will turn over maybe a little more frequently than the spaces in front of the apartments . So in that case , we 've kept the spaces 9 feet wide . Mr. Ellsworth - And you 're still keeping your proper percentage of handicap parking ? Mr. Sieverding - Yes . Mr. Ellsworth - They get two spaces for one to open their door and get in their chair. Mr. Sieverding - You have sort of their access lane and if you were to track what we thought we could get in terms of the overall number of parking spaces and what we ended up , by the time we added , I think we have six handicap parking spaces distributed around the site , we ended up losing a. total of 12 parking spaces in order to create that . So , we are still at 552 spaces . Mr. Ellsworth - A full size car can go into an 8 . 5 foot space ? Mr. Sieverding - Yeah . Mr. Niefer - The standard garage door opening is 9 feet . It is surprising that up on the college there is medium to small size cars predominately on that area right now . Over half of them are medium to small size cars so they are narrower to begin with . Mr. Sieverding - They are . Actually , at College Circle we spent over a two week period counting empty parking spaces and the number of large vehicles that are parked , particularly SUV's because we were concerned about that . At College Circle , only 15 percent of the vehicles there are in the SUV category . Mr. Ellsworth - As long as you didn 't do that study last week . Mr. Sieverding - It wasn 't spring break . I think area variances require you to take a look at five different criteria . We tried to address in the narrative each of those criteria . Undesirable change in the neighborhood . I think clearly from our point of view this benefits the property . The more parking spaces that we can provide I think in relation to the number of people that we are housing , the less likely that you 'll find people parking in fire lanes , on lawns , in front of dumpsters . It also increases the likelihood that whatever spillover affects there are from a development like this they will be contained on site . Alternatives to the requested variance I think is another criteria that we are required to take a look at . We did look at a number of different alternatives in terms of providing additional parking . All of those alternatives required in some fashion , I think deviating from the original design premise of the property . That original design premise of the circular layout , if you were to take a look at the original site plans they describe it as buildings in an open landscape , almost park like setting . The only way we found , given the configuration of the lot and the layout of the site that you could find or create additional parking is obviously by adding more impervious service . We didn 't think that was worth 27 ZONING BOARD OF APPEALS MARCH 25, 2002 MINUTES APPROVED doing . But again , changing the geometry of these spaces we feel we can provide parking in an adequate ratio to the number of occupants . The size of the variance , I think if you took a look at the alternatives . The size of the variance that we are requesting is the smallest one relative to meeting our basic objective of increasing this ratio of parking spaces to residents . Impact on the environment . I think in terms of providing additional parking , there are two things that could happen in terms of potential environmental impact . One is that you increase the amount of impervious surface and then you run into difficulties with the overall stormwater management plan and program . I think we have created a balance here where the amount of impervious surface , frankly , isn 't changing in terms of parking anyway relative to what was originally proposed . It is well within the capacity of the site to absorb and certainly well within the parameters of our stormwater management system , which includes expanding a detention basin . An increase in the amount of parking could theoretically have a traffic impact . Again , that has been thoroughly analyzed by the SRF study that is predicated on a maximum occupancy of 750 persons . Again , their conclusion there is no or very little traffic impact on Route 96 particularly given the connector road . So I think in terms of the various criteria that you are asked to look at relative to an area variance , we think that this is a reasonable request that will not have any impact on the environment . It is generally beneficial for both the property and the surrounding neighborhood . Chairperson Sigel - Any questions from the board ? Okay . At this time we should open the public hearing . Chairperson Sigel opened the public hearing at 8 : 43 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 8 : 44 p . m . Chairperson Sigel - Would it be appropriate to adjourn at this point ? Attorney Barney - Unless you want to discuss it some . Chairperson Sigel - Any discussion among board members ? . No questions at this time ? Attorney Barney - Are you ready to vote ? Mr. Ellsworth - On what ? Environmental ? Attorney Barney - The overall project . Mr. Ellsworth - I am . This is the second time I 've been through this . Chairperson Sigel - You were on the Zoning Board of Appeals in 1990 ? 28 ZONING BOARD OF APPEALS MARCH 25 , 2002 MINUTES APPROVED Mr. Ellsworth - I was at the Planning Board meeting . I heard the long security version . Chairperson Sigel - Okay , well I would move to adjourn the appeal then until the next meeting . Attorney Barney - Did you close the public hearing ? Chairperson Sigel - Yes . Attorney Barney - Just adjourn it for purposes of discussion and decision at the next meeting . It won 't be advertised as a public hearing . Mr. Sieverding - Is there anything that we can anticipate relative to the April 15th meeting ? We will be going through another presentation or questions and answers? Attorney Barney - No . Mr. Frost - We anticipate that the absent board members would receive copies of the minutes of this meeting in the packet . Chairperson Sigel - Your packet is pretty thorough , so I think just be prepared for questions . I don 't think a repeat of the presentation is necessary . Mr. Sieverding - Okay . RESOLUTION NO 2002 43 - Adjournment of JMS Realty, 1033 Danbv Road, Tax Parcel No. 43. - 1 -2. 2 and 43. 4 -2. 3, March 25, 2002. MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board adjourns the appeal of JMS Realty, requesting modifications to previously granted approvals for the College Circle Apartments from January 24, 1990 and variances form Article VI, Section 26 and 29, and Article Xlll, Section 65 of the Town of Ithaca Zoning Ordinance, to permit an increase in the number of persons allowed to reside in said apartments and to allow for vehicular parking variations at 1033 Danby Road, Town of Ithaca Tax Parcel No. 43. - 1 -2. 2 and 2. 3 in a Multiple Residence Zone until the April 15, 2002 Zoning Board of Appeals meeting. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Niefer. NAYS: None. The motion was declared to be carried unanimously. Mr. Frost - We do have seven cases for the next month . 29 INTEGRATED ACQUISITION & DEVELOPMENT March 4 , 2002 Mr. Andrew Frost Zoning Enforcement Officer Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Re : College Circle Apartments — 1033 Danby Road Variance Request Dear Andy : Enclosed is an area variance request for parking and a request to the Zoning Board of Appeals to modify a condition to a variance granted the property in 1990 . Included in this package are the following : 1 . Variance Application Form. 2 . Narrative description of the variance appeal . 3 . Plot/Site plans for the parking variance request. 4 . Application fee in the amount of $ 80 . There are no environmental review materials included in this application since the environmental review for this project is being conducted by the Planning Board pursuant its Lead Agency determination of January 10 . If during the course of your review of these application materials you have any questions or need additional information, please call me . Thank your for your assistance to date . Sinc rely, O Herman Sieverding, AICP Vice President CC . IAD THORNWOOD CORPORATE CENTER 15 Thornwood Drive P.O. Box 4860 Ithaca, New York 14852-4860 Phone: (607) 257-5050 Fax: (607) 257-9981 TOWN OF ITHACA FEE: $80.00 215 North Tioga Street RECEIVED : ` r , G Ithaca, New York 14850 (607) 2734783 CASH APPEAL CHECK - to the Building Inspector/Zoning Enforcement Officer ZONING : and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been denied permission to : Construct Parking Spaces that are smaller than the specified size of 180 SF and modify condition to previously granted variance . at 1033 Danb_y Road , Town of Ithaca Tax Parcel No. 43- 1 - 2 . 3 , as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of: Article(s) 1 , Section(s) 1 27 , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: (Additional sheets may be attached as necessary.) APP Narrative Attached By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. Signature of Owner/Appellant: oVo "'" �- Date : Z ZO Z Signature of Appellant/Agent : Date :�?i G �-- Print Name Here : Herman Si everdi ng Home Telephone Number: Work Telephone Number: 607 - 257 - 5050 NOTE : If construction of work in accordance with any variances given does not commence within 18 months, the variance will gXplr . Your attendance at the meeting is advised. Zoning Board of Appeals College Circle Apartments Area Variance Request March 4, 2002 INTRODUCTION The College Circle Apartments were approved by the Town of Ithaca Planning Board pursuant to Article IX, Section 46 of the Town of Ithaca Zoning Ordinance in November, 1988 . The approved site plan consists of 149 apartments, one leasing office and 450 parking spaces . The Planning Board, in granting site plan approval, imposed a condition that the maximum occupancy of the project could not exceed 600 persons "except as may be subsequently modified upon approval by the Planning Board . In January, 1990 JMS Realty, the current owner of the College Circle Apartments , applied for a variance from Section 26 of the Town Zoning Ordinance which limited the number of unrelated individuals who could reside in a dwelling unit to no more than four persons . The Zoning Board granted this variance and allowed more than four unrelated individuals to occupy certain units subject to the Planning Board ' s condition that the occupancy of the project not exceed 600 individuals . Integrated Acquisition & Development, Corp . (IAD) has negotiated the acquisition of the College Circle Apartments . IAD will enter into a long-term agreement with Ithaca College whereby Ithaca College will operate and maintain College Circle upon completion of certain renovations to the existing property and completion of the balance of the approved project. IAD has received approval from the Planning Board for the renovation work. IAD will appear before the Planning Board on March 5 for preliminary and/or final site plan approval for revisions to the approved site plan which include the following: 1 . Revise the footprint of each new building to eliminate the curve on the front elevation and substitute a staggered building layout. 2 . Increase the number of parking spaces on the site by expanding the parking lot in the Northeast corner of the site and by incorporating a more efficient layout for the parking stalls . 36 Construct a Community Building with an access driveway and a 20- space parking lot in the center portion of the site . 4 . Add internal pedestrian walkways in the center portion of the site . 5 . Increase the occupancy of the property from 600 persons to 750 persons . In addition, an internal road that will connect the College Circle property to the Ithaca College Campus is an integral component of this renovation and new construction program . This road would be available to pedestrians, student vehicles, safety and service vehicles and Tompkins County Area Transit (TCAT) busses . Two of the requested modifications to the site plan require Zoning Board of Appeals approval : 1 . The increase in occupancy of the property from 600 persons to 750 persons will require the Zoning Board of Appeals to modify the condition to the variance granted in 1990 . 2 . The more efficient layout for the parking stalls in number 2 above is based on using a parking space size of 8 feet 6 inches wide by 18 feet long for the apartments and 9 feet 0 inches wide by 18 feet long for the proposed Community Building . These dimensions yield a parking space that is 153 square feet and 162 square feet respectively. Article 1 , Section 1 of the Town of Ithaca Zoning Ordinance defines a "parking space" as an "area for the temporary storage of an automobile 180 square feet in size" . IAD is requesting an area variance to allow the smaller parking space size . The combination of the smaller parking size and more efficient layout of the parking spaces will yield a total of 559 parking spaces . Granting this variance will improve the ratio of parking spaces to residents . MODIFICATION OF CONDITION TO 1990 VARIANCE IAD and representatives from Ithaca College presented the concept of increasing the occupancy of the College Circle Apartments to the Town Planning Board during a Sketch Plan Conference at the Board ' s January 8 meeting. Ithaca College has, through its strategic and long range planning activities, identified a housing need of between 600 and 800 additional beds . Increasing the occupancy of the College Circle Apartments to the requested level will satisfy the College ' s projected housing demand for the foreseeable future . Therefore, Ithaca College will not pursue further residential development for student housing in those areas identified in the recently completed Saski Associates Master Plan . The environmental benefits to the Town of Ithaca by granting this increase and focusing this demand on a site already approved for development will be significant. As noted above, the origin of the limitation of a maximum occupancy of 600 persons at College Circle is the original Site Plan approval resolution adopted by the Town of Ithaca Planning Board in 1988 . That resolution stated that "the project shall have a maximum occupancy of 600 people, except as may be subsequently modified upon approval by the Planning Board" . The Planning Board will consider Preliminary Site Plan approval at its March 5 meeting . Planning Department staff, after having completed an environmental review of the requested change(s) , has recommended that both the Planning Board and the Board of Zoning Appeals modify the 1988 condition and permit up to 750 persons to occupy the property . We believe this recommendation is justified for the following reasons . Increasing the occupancy of the property from 600 occupants to 750 occupants is requested in light of the College ' s desire to address it ' s housing need as identified in the Saski Master Plan on this site and the significant additional investment by Ithaca College in the College Circle Apartments . This investment includes both capital expenditures in the form of physical additions and improvements to College Circle and a commitment to annual operating expenses in the form of programmatic functions that will be brought to the site . Physical improvements to the site include a connector road that will allow pedestrians, student vehicles, emergency and life safety vehicles to drive directly from College Circle to Main Campus without using Danby Road. Ithaca College will install Blue Light Emergency Telephones at appropriate locations on the College Circle property . Ithaca College will also extend its campus data and voice network system to 2 every College Circle apartment. Most significantly, a Community Building will be constructed in the central open area on the College Circle site . This facility will be approximately 7, 885 square feet. It will house a Resident Director office, Administrative office, Meeting room, Exercise/Fitness room, Laundry, Mail Center and other spaces that will serve the residents of College Circle . The expansion of programs the College will maintain on the Ithaca College site is equally significant . Ithaca College has prepared a College Circle Staffing and Management Plan for this property that includes a live-in Resident Director and one Resident Assistant for every 100 — 125 residents . Campus Patrol Officers, Security Officers and Student Auxiliary Patrols will regularly patrol the College Circle property over a 24-hour day, seven days per week. The Ithaca College Physical Plant Department will maintain the College Circle property to the same high standard as the rest of the Ithaca College campus . Providing on site Residential Life staffing increases the operating expenses for this property and will absorb a number of bedrooms that would otherwise be available for student occupancy. Annual operating expenses will also increase as a result of extending life safety patrols to the property and as a result of the increase in the maintenance schedule for the property . The cost of the Community Building with its associated staff and programmatic support functions is also an initial capital expense and long term operating expense not originally anticipated when the property was first developed. These substantial financial investments in this property can only be justified in economic terms by the requested increase in occupancy. The additional income generated by the requested increase will amortize the cost of providing these improvements and additional programs . This is a condition clearly unique to this site given its location (contiguous to the Ithaca College campus), size and current tenancy by Ithaca College students . The potential impact of increasing the overall occupancy of the project from 600 to 750 occupants will not produce an undesirable change in the neighborhood nor will it have an adverse effect on the environment. The College Circle property has a ratio of 4 . 88 dwelling units per acre on the 30 . 5 -acre site . This compares to density factors for comparable developments in the area of between 12 to 18 units per acre . The low ratio of dwelling units to lot area implies a greater capacity of the site to accommodate the demands generated by these units without adversely effecting surrounding properties . The revised Parking Plan for the College Circle property yields 558 spaces . This is nearly three times the amount of parking required for this number of beds per the Zoning Ordinance . All the parking required by the occupants of the property will be accommodated on site . An increase in the number of occupants will not create any additional impervious surface area . The increase in occupancy will be achieved by placing two residents in some of the larger existing and to be constructed bedrooms . Therefore, there will be no additional impact on the project ' s stormwater management system caused by increasing the size of the proposed buildings . The increase in occupancy will have no significant adverse effect on traffic . This is the conclusion of the Traffic Study prepared by SRF & Associates as part of the environmental review documents submitted to the Planning Board . Furthermore, the proposed direct connector road between the College Circle site and the Ithaca College Campus will mitigate any potential traffic impact caused by increasing the number of occupants on the site . Finally, the management plan referred to above with its emphasis on strong programmatic and physical linkages to the College and a 24-hour presence on site by College personnel will create a 3 safer and quieter environment for the residents of the property and the surrounding neighbors . Clearly, all these components bring a greater level of commitment and stronger sense of community to this property . This benefits the Town of Ithaca in a number of ways, most particularly with respect to quality of life issues for the adjoining property owners . Based on the above, we believe modifying the condition to the 1990 use variance is warranted. AREA VARIANCE FOR SIZE OF PARKING SPACES Since College Circle generally houses Ithaca College upperclassmen there is a fairly high ratio of cars to occupants . We believe that in completing the balance of the project, every effort should be made to increase the number of parking space in relation to the number of residents within the context of the site plan submitted to the Planning Board for site plan approval . This plan is based on the original, circular design for the site . To accomplish this we are proposing to utilize a commonly accepted standard dimension for these parking spaces that is not allowed according to the Town ' s Zoning Ordinance . The Town of Ithaca requires parking spaces to be 180 square feet (see See Article 1 , Section 1 , 27) . This is generally interpreted to be a parking space that is 9 feet wide by 20 feet long. This standard is based on fairly uniform vehicle sizes from the late 1960s and early 1970s . However car sizes have greatly diversified since that time . Beginning in the late 1980s both the National Parking Association and Urban Land Institute have conducted extensive research on car size in relation to parking space size . The National Parking Association completed a study that, for instance, gives extensive consideration to the classification of automobiles, light trucks and vans according to their footprint — the amount of ground area covered by each vehicle (see Recommended Guidelines for Parking Geometrics, Parking Consultants Council , National Parking Association, 1989) . Their recommendation on parking stall size is based on whether an automobile is small — having a footprint of between 54 to 86 square feet or large — having a footprint of between 86 to 129 square feet. Based on this classification system this, and similar, studies proposed small vehicle parking spaces that are between 7 ' 4" to 8 ' 4" wide and large vehicle parking spaces that are between 8 ' 2" to 8 ' 10 " wide . All these dimensions are less than the Town implied standard of 9 foot wide parking spaces . Furthermore, the NPA study noted ' a clustering of vehicle size around the small car/large car boundary. These vehicles have a footprint of between 75 square feet to 96 square feet. This methodology has led the NPA to recommend an average parking space concept that recognizes the mix of vehicles to be accommodated . The general recommendation using this approach is a one size fits all parking space width of between 7 ' 10 " to 8 ' 6" depending on the particular use (i .e . , employee, visitor, and retail customer parking) , the width of the drive land and the angle of parking relative to the drivelane . The recommended length of a parking space is 18 feet. In 2000 the NPA, in conjunction with the Urban Land Institute (ULI), published the fourth edition of the Dimensions of Parkinj4 . This study recognized the trend toward larger vehicles in the mid 1990s and the increasing popularity of the sport utility vehicle . In response to this trend the NPA and ULI revised their recommendation relative to the width of a parking space and based the new recommendation on whether it is low turnover, moderate turnover or high turnover parking . The current recommended parking space width now varies between 8 ' 6" and 9 ' 0" depending on turnover and the width of the drive aisle (a wider drive aisle can permit a narrower parking space) . The recommended width for low turnover spaces, that is long term parking, is 8 ' 6" . This applies, according to this study, to employee and student parking. Interestingly, the 4 range of parking space width for moderate turnover parking (offices, retail centers , etc .) includes the 8 ' 6" dimension . The width for moderate to high turnover parking spaces (community retail, medical offices, etc . ) is between 8 ' 9" and 9 ' 0 " . The recommended length of these parking spaces is still 18 feet. In addition, the study recommends an overall parking lot width of 60 feet ( 18 feet for each parking space and a 24-foot drive aisle) . The proposed parking plan for College Circle is based on a parking space width of 8 ' 6" for the parking spaces in front of the apartments . These spaces will be used for long term parking and be restricted to College Circle resident only. This dimension is appropriate for this use . The plan includes 9 ' 0" for the spaces in front of the Community Building . The spaces in front of the Community Building are likely to turn over much more frequently and could be used by visitors . The extra width for these spaces is appropriate for this use . The length of all the proposed parking spaces is 18 feet. In addition, the overall parking lot width in front of the apartments is 61 feet and the width of the parking lot in front of the Community Building is 62 feet. These dimensions are consistent with the recommendations of the recently published NPA/ULI study. In fact, the larger than recommended parking lot width will facilitate turning movements into each parking space . Attached is a Parking Plan for College Circle based on these dimensions. This Parking Plan yields 559 parking spaces . The proposed dimensions for the parking spaces in front of the apartments and in front of the Community Building yields parking spaces containing 153 square feet (at the apartments) and parking spaces that are 162 square feet (at the Community Building) . The Town ' s Zoning Ordinance requires 180 square feet. We are therefore requesting an area variance for parking spaces that are 153 and 162 square feet. It is important to note that these additional spaces can be created without adding any additional impervious surface . It is simply re- striping the existing and proposed parking lots to this new dimension. Additionally, the 18-foot length of the stall creates drive lanes through the parking lots that will each be at least 13 feet wide . This will facilitate turning movements into and out of these parking spaces and bus movement through the site when TCAT service is extended to the property . The proposed dimensions for these parking spaces incidentally are used locally by both the City of Ithaca in its Zoning Ordinance and by Cornell University, most recently for the parking associated with the North Campus Housing Initiative . Facts Supporting the Area Variance Request The Town Zoning Ordinance states that the Board of Appeals in determining whether to grant an area variance shall consider "all the matters set forth in Town Law Section 267-b" . This section of Town Law defines five criteria the Board will consider when granting an area variance that balances the benefit to the applicant versus the potential impact to the surrounding neighborhood . These criteria include : 1 . whether an undesirable change will be produced in the neighborhood or a detriment to a surrounding property created by granting variance; 2 . whether the benefit sought can be achieved by some other means than by a variance ; 3 . whether the requested variance is substantial ; 4 . whether the proposed variance will have an adverse impact on the environment; 5 . whether the alleged difficulty was self-created . What follows below is an analysis of the requested parking space size variance relative to these criteria. 5 • Undesirable change in the neighborhood The College Circle development is located in a Multiple Residence zoning district and was approved by the Town Planning Board in 1989 . The approved project consists of 149 apartments and 450 parking spaces . The first phase of the project which consists of 89 apartments and 279 parking space has been in place for over ten years and has not produced any significant change in the immediate neighborhood. The Planning Board is currently considering several minor modifications to the approved site plan including a small extension to one of the parking area . The requested variance to make the parking spaces smaller than the Ordinance requires will produce no change in the amount of paved surface area proposed on the submitted site plan . The variance, if granted, will allow the paved area to be striped in such a way as to allow 8 ' 6" wide parking spaces . This will provide an additional 30 parking spaces over the number of spaces shown on the parking plan submitted to the Planning Board. Creating more parking spaces will make the site safer by making it less likely that residents will park in fire zones and other restricted areas, lawn and landscape areas and along driveways through the site . Since the requested variance will not increase the amount of developed area there will be no physical change to the plan submitted to the Planning Board. As such, there will be no negative or undesirable change in the neighborhood. Furthermore, while the requested change may create a slight increase in traffic, as fully documented in the Traffic Analysis prepared by SRF Associates as part of the environmental review for the Site Plan Approval process, there will be no significant adverse traffic impact as a result of the increased parking and occupancy of College Circle . • Alternatives to the Requested Variance Increasing the amount of parking on the College Circle site can only be achieved by the proposed variance or constructing additional parking lots on the site . The requested variance will increase the number of parking spaces provided at College Circle without increasing the amount of developed area on the site . Alternatives to the proposed 8 ' 6" wide parking spaces were considered. All alternatives will involve increasing the amount of impervious surface area and are based on altering the layout of the approved the plan . For instance, adding parking spaces in the interior of the circle was considered . This and other similar site plan revisions were rejected since they fundamentally change the design premise of College Circle, which is based on buildings surrounded by large open, landscaped areas . This is reflected in the very low density of the project site at 4 . 88 units per acre . In order to preserve the aesthetic integrity of the approved site plan and reduce potential environmental impacts created by adding paved surface area the applicant has chosen the least disruptive alternative for adding additional parking spaces, i . e . re- striping the existing lots and striping the new lots based on an 8 ' 6" by 18 ' parking space . • Size of the Variance As discussed above in Alternatives to the Requested Variance, the requested variance is the least intensive method for providing additional parking spaces at College Circle and will provide an increase of 30 spaces over the number of parking spaces on the submitted site plan . This approach provides the smallest number of additional parking spaces relative to other alternatives considered and still meets the applicant ' s objective of providing additional parking for residents of the property . As such this variance is not substantial and is the minimum variance necessary to accomplish the applicant ' s objectives with little to no impact on surrounding properties . 6 • - Impact on the Environment The potential impact on the environment of the requested variance is minor. Additional parking on the site could have two possible environmental impacts : 1 . an increase in the amount of impervious surface area could impact the stormwater management system proposed for the site ; 2 . an increase in the amount of parking could have a traffic impact. The environmental review conducted for the requested modification to the approved site plan includes a stormwater management study . This study is based on a given amount of impervious surface area and recommends modifications to the stormwater detention system that currently exists on the site . The requested variance will simply change the geometry of the parking spaces on this established amount of impervious surface area. It will not increase this area. Therefore, the requested variance will not increase or impact the stormwater runoff and management proposal . The environmental review also includes a detailed traffic study for the proposed changes to the College Circle site plan . This traffic study concludes that the existing transportation network can accommodate the projected traffic volumes with very minor impacts . These impacts will be mitigated by an internal connector road connecting the College Circle property and the Ithaca College main campus, extension of TCAT bus service to the site and the construction of pedestrian and bicycle paths between the two site . The requested variance, based on the above, will have a very minor impact on the environment. • Self Created Hardship A literal interpretation of the Town ' Zoning Ordinance with respect to the size of a parking space leads to the conclusion that it must be, practically speaking, 9 feet wide and 20 feet long . While parking spaces meeting this standard can be provided, doing so creates a practical difficulty for the applicant with respect to the ratio of parking spaces to residents . Increasing this ratio is better for the operation and management of the property and better for the neighborhood in terms of containing all potential impacts of this development on site . In the context of all five factors that the Zoning Board will consider we believe the requested variance is not only the minimum variance possible and still meet the objective of increasing the ratio of parking spaces to residents but also one that accomplishes this without any significant impact to the character of the surrounding neighborhood or quality of the environment. Thus, while the difficulties may be self-imposed, we believe we have met the other aspects of the balancing test that justify the granting of the requested variance . While the Planning Board has not met at the time of this submission, it is worth noting that the Planning Department staff has recommended to the Planning Board that it approve the revised parking plan based on the 8 ' 6" wide parking spaces . Based on the above, the applicant respectfully requests the Board to grant an area variance providing relief from the parking space requirement of 180 square feet . 7 12-12-79 (3/99)-9c SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number 01 - 12-407 Date : March 5 , 2002 This notice is issued pursuant to Part 617 of the . implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Ithaca Planning Board as lead agency , has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared . Name of Action . College Circle Apartments - Phase II SEQR Status . Type 1 ❑✓ Unlisted ❑ Conditioned Negative Declaration . ❑ Yes ❑✓ No Description of Action . The proposal is for site plan approval for the proposed modifications. in the approved site plan development at -College Circle Apartments located at 1033 Danby Road , Town of Ithaca Tax Parcel No . 's 43- 1 -2 .2 and 43= 1 -2 . 3 . The proposed development includes the construction of 60 apartments in nine buildings that were previously approved by the Town in 1988 , with some proposed modifications to the parking , building layout , and circulation . The proposal also includes . a community center building , a connector road to the Ithaca College campus , Ithaca College campus integration infrastructure , and a request to increase the occupancy from 600 persons to 750 persons in both the existing apartments and the proposed ones . Ithaca College will enter into a long term agreement with Integrated Acquisition and Development to operate and maintain the College Circle Apartments as campus student housing . The proposed site plan approval is a Type I action per the thresholds set forth in 6 NYCRR Part 617 , and Section V of Town of Ithaca Local Law No . 5 of 1988 providing for environmental review of actions in the Town of Ithaca . Location : ( Include street address and the name of the municipality/county . A location map of appropriate scale is also recommended . ) 1033 Danby Road , Town of Ithaca , Tompkins County , New York SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination : (See 617 .7(a)-(c) for requirements of this determination ; see 617 . 7(d) for Conditioned Negative Declaration) See Attached If Conditioned Negative Declaration , provide on attachment the specific mitigation measures imposed , and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information : Contact Person : Jonathan Kanter, Director of Planning Address : 215 North Tioga Street, Ithaca NY 14850 Telephone Number: (607) 273- 1747 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer , Town / City / Village of Town of Ithaca Other involved agencies ( If any) See Attached Applicant ( If any) Environmental Notice Bulletin , Room 538 , 50 Wolf Road , Albany NY , 12233- 1750 (Type One Actions only) College Circle Apartments — Phase II Reasons Supporting This Determination: Based on review of the project at a Planning Board meeting on March 5 , 2002, a negative determination of environmental significance has been made for the above referenced action by the Town of Ithaca Planning Board, in accordance with the requirements of Article 8 of the Environmental Conservation Law. Given the proposed design of the project, its location and the character of surrounding uses, the existing character of the site, and the proposed uses and activities associated with the project, no significant adverse environmental impacts have been identified. The Planning Board, at its March 5 , 2002 meeting, reviewed and accepted as adequate the Full Environmental Assessment Form (EAF) Part I prepared by the applicant, Part II of the EAF prepared by the Town Planning staff, and other application materials. The above referenced EAF incorporates specific studies ad reports prepared .and submitted by the applicant, including, but not limited to, a "Stormwater Management Study — College Circle" (Volume I dated February 5 , 2002 and Volume II dated February 12, 2002), a "Site Impact Traffic Evaluation" (dated February 2002), and a bound packet titled "Site Plan Approval Submission — College Circle Phase IF' (dated February 5 , 2002) 6 In particular, the following specific conclusions were reached by the Planning Board: 1. Impact on Land: The proposed development includes construction of 60 apartments in nine buildings that were previously approved by the Town in 1988, with some proposed modifications to the parking, building layout, and circulation. The proposal . also includes a community building, a connector road to the Ithaca College campus, and various stormwater management facilities. The project site, including the existing College Circle Apartments, will disturb approximately 29.6 +/- acres of the 30.5 +/- acre site. The project site is mostly moderately sloped with approximately 83 % of the site having a slope of 10% or less. There are some slopes in the northeastern portion of the site which are greater than 10% , with 5 % of the site having slopes greater than 15 % . A large amount of grading and removal of earth material will be required to accommodate these slopes . Retaining walls have also been proposed to help in the treatment of the slopes in a couple of locations. The most extensive regrading and removal of material due to the slopes will be required along the eastern edge of the property behind the four four bedroom buildings and the parking areas in the north east. Construction with these types of slopes are typical for this area and it appears the proposed plans have adequately addressed the slopes . The depth to the water table is reported to be between one to six feet (LEAF Section A # 8) . With a water table this high, the temporary sedimentation and erosion control measures that were outlined in the Stormwater Management Study will be very important during construction. 1 College Circle Apartments — Phase II The depth to bedrock is reported to be between one to six feet (LEAF Section A # 4a). The bedrock has created the need for blasting with dynamite for the development on the southeast of the property. The applicant intends starting construction as soon as the necessary approvals are obtained this spring, and anticipates completing the project prior to the start of the fall 2003 college semester. The project is planned to be completed all in one phase. The approval of the connector road to Ithaca College will be submitted under a separate application, but the completion of it will coincide with the completion of the apartments in fall 2003 , According to a revised page 5 (dated 2/ 10/02) of the Part I SEQR form (Section B # 2) submitted by the applicant, approximately 25 ,600 cubic yards of material will be removed from the site. As described in a letter from Herman Sieverding (dated February 119 2002), to remove this material from the site, assuming the use of a dump trailer ( 18- wheeler) that can carry 20 cubic yards of material, approximately 1 ,280 trips will be required. If smaller 10 wheel dump trucks are used, assuming that they can carry 10 cubic yards of material, approximately 2,560 trips will be required. Impacts can be controlled by establishing reasonable routes and hours for the transport of these materials off site. 2. Stormwater Runoff. The proposed project will result in the conversion of forest and meadow areas to approximately 9.6 acres of impervious surface (buildings, sidewalks, parking areas) and 20 +/- acres of lawn and landscaped areas. This will leave approximately .9 acres of meadow and forested area. The increase of impervious surfaces warrant concern for increased rates and amounts of surface water runoff, as well as concerns about contaminated urban runoff, during and after the construction period. The project site is sloped with drainage patterns generally running in a westerly direction. Most water surface flows across the property and is eventually being collected into channels on the north and south of the property or into the existing detention basin on the College Circle parcel. The water ultimately flows into the existing drainage ditch along Danby Road. With the shallow depth to the bedrock on most of the site, there is limited capacity for infiltration. The applicant has submitted a stormwater management study entitled "Stormwater Management Study — College Circle", Volume I dated February 5 , 2002 and Volume 2 dated February 12, 2002, which outlines the proposed methods to deal with the stormwater runoff. Concern has been expressed over off site water that enters the site as sheet flow along the eastern border. The proposal is to collect this water, and through channelized flow, divert this water around and through the site. Part of this flow will be channelized around the eastern most proposed buildings, which will be collected into a pipe which outlets into an existing drainage swale and into the detention basin. This drainage Swale between the parking lots along the western edge of the property between units 5 and 9 and the existing 2 College Circle Apartments — Phase II office 1B may. need to be examined to ensure that it can handle the additional flows. The other half of the off site flow, above the parking in the northeast of the site, will be channelized then collected into a pipe that outlets into an open swale that runs into the channel along the north edge of the property. While the same amount of off site water will be entering the site from the east, it will not sheet flow across the site anymore and instead will be channelized, thus allowing little infiltration into the ground and increasing the rate of the flow. How this off site water is dealt with may need to be addressed further, prior to final site plan. One area of previous concern is where water leaves the site to the north onto Ithaca College property. Currently water during high flows exits the existing channel and flows across the properties along Danby Road, instead of to a detention basin on the Ithaca College property. The current proposal is to create a new channel, slightly to the west of the existing channel, on the Ithaca College property and then have the water enter a pipe system down to Danby Road. The proposed stormwater management plan appears to adequately address this problem, although any regular maintenance activities for this area should be outlined. One of the key elements of the stormwater plan is the enlargement of the existing detention basin and .its ' design to treat runoff using wetland features. According to the report, approximately 85 % of the impervious surfaces will be captured and routed through the detention basin. The proposed modifications to the basin include its increased capacity, providing proper outlet control needed to attenuate peak flows, and the ability to treat for enhanced water quality. An extended detention shallow wetland design is being incorporated into the new basin to enhance the water quality treatment. A regular maintenance schedule has been included as part of the Stormwater Maintenance Plan for the wetlands area. A planting schedule and plan for the wetland area will be required prior to Final Site Pan review. Sedimentation and erosion control is a very important concern given the slope of the land, the high water table, and the amount of. excavation taking place, both during construction and once the project is completed. Within the Stormwater Management Study, erosion and sedimentation controls are outlined and appear to be adequate. Temporary measures during construction include perimeter measures (silt fences at downstream perimeter, early storm sewer installation, turf lining on slopes) and conversion of the existing detention basin to a temporary sediment trap. Permanent control measures include turf lining of the swales and some slopes, riprap at storm sewer outlets, and creation of the detention wetland. Because the proposed project disturbs more than five acres of total land area, the project must comply with New York State Department of Environmental Conservation (NYSDEC) Pollution Discharge Elimination System (SPEDES) General Permit for Stormwater Discharge from Construction Activities (GP-93-06). A copy. of the Notice of Intent (NOI) has been included in the Stormwater Management Study and the Stormwater Pollution Prevention Plan will be prepared in conjunction with the final construction documents. 3 College Circle Apartments = Phase II It appears that the proposed stormwater management plan adequately addresses the control of stormwater runoff for both water quantity and quality and that minimal adverse environmental impacts from stormwater runoff are anticipated. Based on the above information, impacts identified in this section can be considered small to moderate. 3. Plants : The northern portion of the site is within the South Hill Swamp Unique Natural Area (UNA- 154) . This UNA contains several rare community types and numerous rare and scarce plants . The UNA refers to the College Circle site as a successional northern hardwood forest. This type of forest would occur on .sites that have been cleared or otherwise disturbed. One building (units 69-71 ) and the associated parking lot will be located within the UNA and this successional hardwood forest. Scattered around the site are a few Scarlet Oaks (Quercus coccinea) . Scarlet Oaks are considered to be locally scarce. Also on site is a grove of mostly Red and White Oaks, an area which was previously identified to also contain the Scarlet Oak. While there may be a Scarlet Oak in this grove, other Scarlet Oaks have been identified elsewhere on the site. Several of the Scarlet Oaks are planned to be preserved with the proposed site plan, with the possibility of the Oak Grove also being retained. The large amount of grading and removal of material from the site limits the amount of existing vegetation that can be saved. While the Scarlet Oaks are locally scarce, the rest of plant species present are very common. The proposal includes a landscaping plan that appears to address the need for replanting. Additional plantings may be appropriate on the slopes created along the eastern boundary to buffer the neighboring property. A planting plan for the wetland detention basin area will be required. Within the bound material (dated February 5 , 2002) , submitted by the applicant, under the "Environmental Assessment" section, is additional material describing the UNA and the Scarlet Oaks. The material includes a previous plant study of the site, the proposed site plan showing the Oak grove, a map and description of local ecological communities, the information sheets on the UNA, and letters from two landscape architects describing their findings relating to the Oaks. 4. Transportation : A "Site Impact Traffic Evaluation for the proposed College Circle Apartments" (February 2002, SRF & Associates) , was prepared and submitted by the applicant. This study indicates that the proposed College Circle Phase 2 development includes a new connector road with full access between College Circle and the Ithaca College campus, providing access for all vehicles, including student/resident vehicles, emergency and security vehicles, and TCAT buses utilizing the new bus_ route providing service between College Circle and Ithaca College. Both the new connector road and the proposed new bus route should help to reduce the number of new vehicles that would use the College Circle entrance on Danby Road. The trip generation analysis in the traffic study uses existing trip rates from the existing College Circle Phase I apartments, as recommended by the Institute of Transportation Engineers. This gives a more accurate representation of estimated trip generation rates 4 College Circle Apartments — Phase II for the Phase 2 development. This was supplemented by a license plate survey to determine the number of vehicle trips exiting the Ithaca College campus destined for College Circle. This survey demonstrates that a high percentage of those vehicles will use the new connector road between the College campus and College Circle rather than using Danby Road. While the traffic study does not specifically factor in the proposed Community Building proposed in Phase 2 development at College Circle, its impact should not be significant because it should be regarded as an enhancement for residents at College Circle, not as a generator for additional traffic from outside the apartment development. The Town Board will be considering an amendment to the MR Multiple Residence District to allow community buildings for use by residents of the MR development and their guests. The nature of proposed uses in the Community Building outlined in the College Circle Phase 2 report (Feb . 5 , 2002) confirms that spaces will be occupied by administrative and service functions accessory to the apartment development. The new connector road and proposed TCAT bus route will further help to reduce the impacts of any traffic destined for the Community Building. The capacity analysis in the traffic study included existing (89 apartment units with 324 beds), approved (60 additional apartment units with 276 additional beds), and proposed (increase in occupancy above approved with an additional 150 beds in the . same number of units) conditions at not only the College Circle entrance drive at Danby Road, but also at the intersections of Danby Road at King Road and at the Ithaca College entrance road. The inclusion of the King Road and Ithaca College intersections was done at the request of the Planning Department in order to fully document existing conditions and the impacts of the proposed development on the surrounding road system. The results of the capacity analysis (refer to Table H, page 8 of the traffic study) indicate that under full buildout conditions at College Circle with the installation of the new connector road, there will not be any deterioration of Levels of Service at any of the study intersections. All three intersections continue to operate at acceptable Levels of Service ("- C" and better) . The entrance to College Circle actually would experience improved conditions because of the addition of the new internal connector road. A turning lane investigation was also conducted in the traffic study. The results indicate that warrants are met during the afternoon peak hour the addition of a left turn lane from Danby Road into the College Circle entrance road. However, the study' s consultants recommend that such a turning lane is not necessary because the new connector road will reduce the number of vehicles turning into College Circle from Danby Road, the existing 8 foot wide paved shoulder which provides room for vehicles to pull around vehicles waiting to turn into College Circle, and the presence of adequate sight distances for vehicles at the College Circle entrance intersection. Staff will defer on a recommendation regarding the need for a turning lane on Danby Road until we receive the comments and recommendations of the NYS Department of Transportation. It is important to note that the traffic study does not factor in the new TCAT bus route proposed to serve the College Circle development. Ridership would be difficult to 5 College Circle Apartments — Phase H estimate until the route has been operating for a while. However, the availability of regular bus service between Ithaca College and College Circle will result in further reductions in the number of vehicles exiting and entering College Circle at the Danby Road entrance, and will result in improvements in the overall transportation system in this area. The traffic study also includes a recommendation that pedestrian and bicycle amenities be incorporated into the design of the new connector road to encourage its use by pedestrians and bicyclists . A large amount of construction truck traffic will be created by the excavation required for this proposal. Approximately 25 ,600 cubic yards of material is expected to. be removed from the site. To remove this material from the site, assuming the use of a dump trailer ( 18-wheeler) that can carry 20 cubic yards of material, approximately 1 ,280 trips will be required. If smaller 10 wheel dump trucks are used that can carry 10 cubic yards of material, approximately 2,560 trips will be required. Before building permits are issued, the location of where this material is going to be transported to needs to be addressed by the applicant. It may also be necessary to limit the hours that that trucks may operate. The construction truck traffic is a short-term impact limited to the period of excavation. Impacts can be controlled by establishing reasonable routes and hours for the transport of these materials off site. Based upon the Site Impact Traffic Evaluation and the information provided above, it is anticipated that the full proposed development at College Circle, with the incorporation of a full service connector road, should not .have any significant adverse impacts on the existing transportation system. 5. Noise: Blasting will be required during construction on the southeastern portion of the site for some of the excavation. The closest residence (the Solar Apartments) to the blasting zone sphere of influence is 475 +/- feet. Located within the blasting zone sphere of influence is the southern most existing College Circle apartment building (units 38- 41 ) . The College Circle apartments will most likely have a lower occupancy during the blasting period, as most of the excavation this will be taking place during the college' s summer break. The neighbors that are adjacent to this site on Danby Road and the existing College Circle Apartments will. be the primary residences that will be able to hear the blasting, depending on the weather conditions . The trucks being loaded and exiting the site will also be primarily heard by the existing College Circle Apartments and the adjacent neighbors on Danby Road. The blasting will be a short-term impact limited to the period of excavation. A letter has been attached to the applicants Part I form from Nothnagle Enterprises, Inc. They are a full service drilling and blasting company which will be doing the required blasting at College Circle Apartments. The letter describes the procedures and requirements of the blasting. Also attached is a map showing the blast zone sphere of influence and the distance to the nearest residence. 6 Growth and Character of Community: The proposal includes the construction of 60 apartments within nine buildings and the associated parking and walkways . These nine 6 -M� College Circle Apartments — Phase II buildings were originally approved in 1988 with an occupancy limit of 600 persons for the complete project (21 buildings) . Part of this current proposal includes increasing the occupancy to 750 persons in the 21 buildings . This includes both the existing College Circle buildings and the proposed ones. Ithaca College will be entering into a long tern agreement to operate and maintain the College Circle Apartments as campus student apartment housing. In addition to the Planning Board action relative to the increased occupancy as a modification of the previous site plan approval, the Zoning Board of Appeals will also be considering a modification of the conditions of the variance granted in 1990 which limited total occupancy to no more than 600 persons. This is a related action also incorporated in this SEQR review. The Town of Ithaca Comprehensive Plan (September 1993) designates the two College Circle Apartment properties as "Urban Residential," and they are zoned Multiple Residence. The "Urban Residential Use" outlines a density range of 5 to 15 units per acre and would be served by public water and sewer. The proposed development would result in a density of approximately 4. 88 units per acre ( 149 apartments on 30.5 acres) and will be served by public water and sewer. There is the necessary sewer capacity to handle the proposed development and adequate water pressure will be achieved with some proposed upgrades . The development appears to be consistent with the Comprehensive Plan designation and fits within the existing requirements of the Multiple Residence zone, except for the community center. A zoning amendment is proposed by the Town Board to allow community centers within the Multiple Residence zones. This will be considered at the March 11 , 2002 Town Board meeting. As indicated above, the impacts associated with the proposed community building are not significant, since uses in the building are primarily intended to help integrate the involvement of Ithaca College in the operation and management of College Circle. This Notice is being distributed to: Involved Agencies : Erin M. Crotty, Commissioner, NYS Dept. of Environmental Conservation Janis M. Gross, Associate Transportation Analyst, NYS Dept. of Transportation Kirk Sigel, Chair, Town of Ithaca Zoning Board of Appeals Others : John M. Andersson, Tompkins County Department of Health Edward C. Marx, Commissioner,oner, Tompkins County Department of Planning Dwight Mengel, Tompkins Consolidated Area Transit Brian Wilbur, Fire Chief, City of Ithaca Fire Department Catherine Valentino, Supervisor, Town of Ithaca Town Board Clifford Blizard, Chair, Town of Ithaca Conservation Board Kenneth Lynch, Director, Region 7, N. Y.S . Department of Environmental Conservation Gordon Reimels, Resident Engineer, N. Y.S . Department of Transportation, Region 3 7 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, APRIL 15, 2002 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 15 , 2002, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 :00 P.M. , on the following matters : APPEAL of Deborah Valentine, Appellant, Attorney Paul Tavelli, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing two-family home with a north side yard building setback of 7 + feet from an attached garage ( 10 foot setback required) at 120 Pine Tree Road, Town of Ithaca Tax Parcel No. 58-2-20, Residence District R- 15 . APPEAL of Conifer Realty LLC, Appellant, John Fennessey, Agent, requesting a variance from the requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town Law, to be permitted to create, by land subdivision, building lots not having frontage on a Town, County, or State highway near 1300 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27- 1 - 13 . 12 and 13 . 16, Residence District R- 15 . APPEAL of John Tilitz, Appellant, requesting a variance from the requirement of Article V, Section 21 and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a single-family home on a building lot having a lot width of 60 feet at the roadside and at the maximum front yard setback, whereas 100 feet and 150 feet respectively is required, near 1447 Trumansburg Road, Town of Ithaca Tax Parcel No. 23 - 1 -41 .2 , Residence District R-30. APPEAL of Michael and Lorie Lupo, Appellants, requesting a variance from the requirements of Article V. Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town Law, to be permitted to build a residence on a building lot having a lot width of 60 feet at the roadside and at the maximum front yard setback, whereas 100 feet and 150 feet respectively, is required, near 125 Iradell Road, Town of Ithaca Tax Parcel No. 24- 1 -7.2, Residence District R-30. APPEAL of George Blanchard, Appellant, requesting a variance from the requirements of Article V, Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town Law, in order to create by subdivision, a building lot that does not front on a Town, County, or State highway near 165 King Road East, Town of Ithaca Tax Parcel No. 44-2-7, Residence District R-30. Said Zoning Board of Appeals will at said time, 7 :00 p.m. , and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated : April 4, 2002 Published : April 8 , 2002