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HomeMy WebLinkAboutZBA History Combined (44) Zoning Board of Appeals History as of 43.-2-7 117 King Road E Tax Parcels involved, with address if known 117 King Road E 43.-2-7 with no subdivision or readdressing. History: 1998 – Sign Variance - Approved 1998 – Sign Variance - Denied 1998 – Area Variance for parking - Approved 1997 – Use Variance for school - Approved a _y fUM TOWN O RHACA taus.11 ! TOWN OF ITHACA ZONING BOARD OF APPEALS o-- WEDNESDAY , AUGUST 12 , 1998 7 : 00 p . m . APPEAL of the Montessori School , Owner Appellant, Andrea Riddle and Peter Demjanec , R,A.Agents , requesting a variance from Section 4 . 01 - 1 of the Town of Ithaca Sign law to be permitted to erect a 10 . 5 square foot freestanding sign (4 square feet maximum allowed) at the school 's annex building at 1 17 East King Road . Town of Ithaca Tax Parcel No . 43 -2 - 7 . Residence District R- 15 . APPEAL GRANTED APPEAL of Gary Westfall , Appellant , requesting a variance from the requirements of Article XIII , Section 57 of the Town of Ithaca Zoning Ordinance , to be permitted to add a second dwelling unit to an existing single-family residence at 154 West Haven Road . Town of Ithaca Tax Parcel No . 28- 1 -26 . 1 . Residence District R- 15 , Said ordinance limits an undersized building lot existing prior to Town zoning, to containing only a single -family residence . The lot has a depth of 125 feet ( 150 foot depth required) . A special approval under Article XII , Section 54 of the ordinance may also be requested . APPEAL GRANTED APPEAL of Cornell University , Appellant, William Gaffney , Agent, requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to build a 175 square foot + /- building addition to the CCGR lab building # 1772 at Baker Institute on Hungerford Hill Road . Town of Ithaca Tax Parcel No . 61 - 1 -9 , Residence District R- 30 . APPEAL GRANTED APPEAL of Roger Garrison and Terry Nicholetti , Appellants , Peter Silag , Agent, requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to enlarge a nonconforming building/lot at 233 Forest Home Drive . Town of Ithaca Tax Parcel No . 66-4- 10 , Residence District R- 15 . Said enlargement consists of an 8 ' x 12 ' room addition in an existing two-family home , which is located within the required front yard and side yard building setbacks , on an undersized building lot . APPEAL CANCELED APPEAL of Lynn LOPuckI , Appellant , requesting a variance from the requirements of Article 111 , Section 7 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a single-family residence with a proposed rear yard building setback of 10 + /- (30 feet required) at 225 Pearl Street , Town of Ithaca Tax Parcel No, 59 - 1 -9 , Residence District R- 9 . The proposed building and lot crosses municipal lines with the City of Ithaca . The property owner is requesting a variance and approvals from the City Zoning Board , Access to the residence will be from the City . APPEAL DEFERRED UNTIL SEPTEMBER 9 , 19986 S , COPY TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY . .A000ST 1 ? . 1908 7 ; 011 P. Nl . By direction of the Chairman of the Zoning Board of .Appeals NOTICE IS HEREBY eJiV EN : hat Public Hearings will be held by the Zoning Board of Appeals of the ('u%tin of Ithaca on `Nednesda %. . August 1 , . 1998 . in Town Hal ! , 126 East Seneca Street . ( FIRST Floor. REAR En [ rance . WES] Sid _ ! thaca . N . `: " . , CO ;Ni ;NIENCING .AT 7 : 00 P . .Ivl . . on the following matters : APPEAL ofthe Montessori School . Owner \ ppe ! ! ani . Andrea Riddle and Peter Demianec . R . "' . . \ __ .n ( ; . reauestinLy a variance `rojn Section 4 . 01 - 1 of [ he Town of Ithaca Sign ! ay.- -.o be periTim ."'! to - .c : s ! 0 . ` square foot rTeestanding sign ( 4 square fee [ max: allowed ) at the school ' s annex r, uildin _ . a [ i I , East Itintz Road. Town of Ithaca Tax Parcel No . 42 - . . 1 , Residence District R- I APPEAL of Gary NXestfall . Appellant. requesting a variance from the requirements of Article .`till . Section ; 7 of the Town of Ithaca Zoning Ordinance. to be permitted to add a second dyae ! lin `a unit to an existing single- family residence at I _ -I `.hest Haven Road . Town or' Ithaca Tax Parcel No . 28 - 1 - 2b . : . Residence District R- 1 Said ordinance limits an undersized building lot existin . prior ro Town zonin = . to cuntainin only a single- family residence. The lot has a depth of 1 2 .5 feet ! 1 = 0 foot depth required ) . A special approval under Article `tIL Section -1 of the ordinance may also be requested . APPEAL of Cornell Lniversir� . Appellant . William Gal' n e,: . Agent . requesting a special aoproyal under Article V . Section 18 of the Town of Ithaca Zonin ` Ordinance. to be permitted to build a 1 square foot building addition to the CCGR lab building = 17 7. at Baker institute on Hungerford Hill Road . Town of Ithaca Tax Parcel No. 61 - 1 -9 , Residence District R- 30 . APPEAL of Roger Garrison and Terry Nicholetti . Appellants . Peter Siiag . Agent. requesting authurizanur, from the Zoning Board of Appeals under Article X11 . Section = 4 oFthe T own of Ithaca Zoning Ordinance. to enlarge a nonconforming building lot at Forest Home Drive. Town of Ithaca Tax Parcel No. 66 -q- 10 . Residence District R- I5 . Said enlargement consists of an 8 ' x 11 ' room addition in an existing tyvo- family home. which is located within the required front yard and side yard building setbacks . on an undersized building lot . APPEAL of Lynn LoPucki . Appellant. requesting a variance from the requirements of .article ill . Section of the Town of Ithaca Zoning Ordinance . to be permitted to construct a single- Family residence with a proposed rear yard building setback of 10 feet — ( 30 feet required) at „ � Pearl Street. Town of Ithaca Tax Parcel No . � 9- 1 -9 . Residence District R- 9 . The proposed building and lot crosses municipal 'tines with the City of Ithaca. The property owner is requesting a variance and aperoyals from the City Zoning Board. Access to the residence will be from the City. Said Zoning Board of Appeals will at said time. 7 : 00 p . m . , and said place. hear all persons in support of such maters or objections thereto . Persons may appear by agent or in person . Individuals y,V' h % isual ur hearing impairments or other special needs . as .appropriate, will be provided %vith assistance. as necessary. upon request . Persons desiring assistance must make such a request not less than 4S hours prior to the time of the public hearing . A :TdreX.v S . Frost Director of Buiiding and Zoning Dated : August q . 1995 Published : Autnrst 7 . 1998 i FLW TowN of R'HAC'A' TOWN OF ITHACA ZONING BOARD OF APPEALS Date ! WEDNESDAY , AUGUST 12 , 1998 Clex�r� 7 : 00 p . m . PRESENT : David Stotz , Harry Ellsworth , Ronald Krantz , James Niefer , Andrew Frost , Director of Building and Zoning, John Barney , Town Attorney . EXCUSED : Kirk Sigel . OTHERS : Phebe Cook , Gary Westfall , Joanne Bonanni , Patricia Petrillo , Andrea Coby Riddle , Bill Gaffney . Chairman Stotz called the meeting to order at 7 : 10 p . m . , stating that all posing , publication , and notification of the public hearing had been completed and were in the same order . The first appeal to be heard by the board was as follows : APPEAL of the Montessori School , Owner , Appellant, Andrea Riddle and Peter Demjanec , R. A. Agents , requesting a variance from Section 4 . 0 I - 1 of the Town of Ithaca Sign law to be permitted to erect a 10 . 5 square foot freestanding sign (4 square feet maximum allowed ) at the school ' s annex building at 1 17 East King Road , Town of Ithaca Tax Parcel No . 43 -2 -7 , Residence District R- 15 . Peter Demjanec , Architect , stated they were asking to erect the Montessori School Annex sign which was previously denied . Several changes had been made to the sign . Mr . Demjanec stated the sign would be moved from 21 feet from the road to 42 feet from the edge of the road . The sign would not be illuminated as asked before . The applicants moved the sign so that it was clearly on the Montessori School property as there was question of the location before . They had previously asked for the sign to be mounted six feet above grade and they were presently requesting the sign to be four feet above grade , In the sign 's relocated position it was located inside the planting bed . Mr. Demjanec hoped with the changes the board would feel the visual impact of the sign was substantially reduced . Mr . Demjanec stated the sign had already been made and many had an opportunity to see the sign erected on the site . He presented photographs of the sign when it was temporarily erected . Mr . Demjanec stated he had looked at the sign ordinance and coordinated the sign ordinance with the zoning ordinance . In residential districts two sizes of signs were as of right. One size was a 24 square feet afforded to schools , churches , libraries , museums , nursing homes and similar institutes . In the zoning ordinance this group of uses existed only in residential districts and by special permit. The zoning ordinance may be creating a reasonable level of public safety when there was an institution that gathers large numbers of people . Mr. Demjanec hoped the board felt the Montessori School needed a sign of this size to be safe on the roadway . The roadway had a multiple residence district up hill with a 24 square foot sign as of right. There was a commercial district down hill that had 50 square foot signs as of right. The other sign that existed as of right in residential districts was a four square foot sign . The four square foot sign was for home occupations . Mr . Demjanec explained the four square foot sign did not have the size to accomplish the function of letting people be aware of the school . He felt a four square foot sign at the complex would be more of a hazard than a benefit . J Town of Ithaca Zoning Board ofAopeals - August 12, 1998 APPROVED - APPROVED - APPROVED - APPROVED PAGE2 Mr. Demjanec presented to the board a blue sheet ofpaper that was 24 square feet in size. He then placed a four square foot board to show how the contrast. The board was not very visible. He then presented photographs with the four square foot board erected on the site. Mr. Demjanec placed the Montessori School Annex Sign over the blue sheet of paper to show the sign was much smaller than 24 square feet. Mr . Demjanec stated the size of the sign was described as 10 square feet , The actual size was a little over 9 square feet. He explained it was the smallest sign for the site and still be able to adequately announce the presence of the facility without creating hazards from a sign that was too small or a nuisance from having a sign that was too large . The sign was a reasonable balance point. Andrea Riddle , School Administrator, stated the school had received positive feedback since the new sign had been erected at the main building . The annex sign was temporarily erected during the renaming of the school and received positive feedback from neighbors . She provided to the board copies of letters from their neighbors supporting the sign , Chairman Stotz stated the school was saying a small sign would cause people to look too closely in order to identify the annex. Mr. Demjance responded a sign was two things . One was to announce and promote the present of an institution . The sign also served as a public safety device on a roadway , Chairman Stotz asked what signs could be seen in the immediately area from the location of the proposed sign . Mr , Demjanec stated other signs were not in the area other than the Montessori School sign from across the street. A sign for the multiple residence could be seen . The Sam Peters sign could also be seen from the school . Chairman Stotz asked where the commercial zone line was located . Mr. Demjanec showed Chairman Stotz where the line was on drawings provided to the board . Mr. Niefer stated he did not have any objects to the new proposed signs . Mr. Krantz stated he did not have any objects given the safety factor , support of the neighbors , the changes the applicant had made and that the sign was on their property . Chairman Stotz opened the public hearing at 7 : 27 p . m . and asked if anyone present wished to be heard . Joanne Bonanni , 134 East King Road , stated the sign was beautiful and unintrusive . Chairman Stotz closed the public hearing at 7 : 28 p . m . with no other persons present wishing to be heard . ENVIRONMENTAL ASSESSMENT : u r Town of Ithaca Zoning Board ofAppeals - August 12Y 1998 APPROVED - APPROVED - APPROVED - APPROVED PAGE 3 MOTION made by David Stotz , seconded by Harry Ellsworth . RESOLVED , that this board make a negative determination of environmental significance in the matter of the Montessori School , requesting a variance from Section 4 . 01 - 1 of the Town of Ithaca Sign law to be permitted to erect a 10 . 5 square foot freestanding sign (4 square feet maximum allowed) at the school 's annex building at 1 17 East King Road , Town of Ithaca Tax Parcel No . 43 -2 -7 , Residence District R- 15 . A vote on the motion resulted as follows : AYES : Stotz, Ellsworth , Krantz , Niefer . NAYS : None . ABSTENTION : None . The motion carried unanimously . MOTION made by Ronald Krantz , seconded by Harry Ellsworth . RESOLVED , that this board grant the appeal of the Montessori School , requesting a variance from Section 4 . 01 - 1 of the Town of Ithaca Sign law to be permitted to erect a 10 . 5 square foot freestanding sign (4 square feet maximum allowed) at the school 's annex building at 117 East King Road , Town of Ithaca Tax Parcel No . 43 -2 -7 . Residence District R 15 with the following conditions : a . The sign increase safety for drivers traveling on East King Road , and the pedestrians crossing from the Main Building to the Annex Building. b , the neighbors support the erection of the sign , C , the sign was altered from original proposal , set back , lowered , on Montessori property , and not luminated , d , that the approval was granted in light of the unique proximity of large commercial signs in the commercial district immediately adjoining.. e . and that any deviations from this proposal are not approved without becoming before the Zoning Board of Appeals . The second appeal to be heard by the board was as follows : APPEAL of Gary Westfall , Appellant , requesting a variance from the requirements of Article XIII , Section 57 of the Town of Ithaca Zoning Ordinance , to be permitted to add a second dwelling unit to an existing single -family residence at 154 West Haven Road , Town of Ithaca Tax Parcel No . 28- i - 26 . 1 , Residence District R- 15 . Said ordinance limits an undersized building lot existing prior to Town zoning, containing only a single -family Town of Ithaca Zoning Board of,4opeals - August 12, 1998 APPROVED - APPROVED - APPROVED - APPROVED PAGE 4 residence . The lot had a depth of 125 feet ( 150 foot depth required ) . A special approval under Article XII , Section 54 of the ordinance may also be requested . Gary Westfall , applicant, stated he and his family were selling their house and thought there was an apartment in the house . The house fell short on the distance from the road to meet the requirements of having an apartment. They also needed to have a plumbing and electrical inspection to bring the apartment up to code . The house bordered Eco Village and the back parcel bordered an agricultural area . Mr . Westfall stated their house was assessed for $ 118 ,000 and they were selling it for $ 82 , 500 as long as there is an apartment . The person buying would like the apartment to help pay the mortgage . Director of Building and Zoning Frost stated the house only had a depth of 125 feet and it was a requirement of 150 feet for their request. The Zoning Ordinance allowed an undersized building lot to be built upon but, only with a single family residence . Currently , everything was legal and it would not allow a two family residence building lot. Attorney Barney asked how many units were paid for water and sewer . Mr. Westfall stated he did not know . Director of Building and Zoning Frost stated he thought it was assessed as a two family residence . Mr. Krantz stated the houses were widely spaced in the area and on the other side of West Haven there was not a house . He felt the house was located off Mecklenburg Road so an extra car would not be noticed . Chairman Stotz asked why they were unable to sell the house because of the zoning change , Mr. Westfall state the house was certified for a single family . The person who would like to buy the house would like it with the apartment. The house is not qualified to have an apartment. The current buyer was the first offer he had since the house was on the market. Chairman Stotz asked if any houses in the neighborhood had apartments . Mr . Niefer asked if a two residence property could be located there . Attorney Barney stated there was a requirement that any undersized lot could have a single family house but not a two family . Mr . Krantz stated the house across the street had elderly permanent boarders for many years . Chairman Stotz asked if the request required a special approval . Attorney Barney replied that by allowing the second residence they were enlarging a non -conforming use which was a special use activity . On the other hand to allow a two family on a single house was a variance in terms of the ordinance . r ti Town of Ithaca Zoning Board ofAppeals - August 12, 1 998 APPROVED - APPROVED - APPROVED - APPROVED PAGE 5 Director of Building and Zoning Frost stated the house was built in 1963 as a single family residence and was assessed until 1997 as a single family . In 1997 the county changed it as a two family . Chairman Stotz opened the public hearing at 7 : 50 p . m . and asked if any persons present wished to be heard . With no persons present to be heard , Chairman Stotz closed the public hearing at 7 : 51 p . m . ENVIRONMENTAL ASSESSMENT : MOTION made by Harry Ellsworth , seconded by Ronald Krantz . RESOLVED , that this board make a negative determination of environmental significance in the matter of Gary Westfall , requesting a variance from the requirements of Article XIII , Section 57 of the Town of Ithaca Zoning Ordinance , to be permitted to add a second dwelling unit to an existing single-family residence at 154 West Haven Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 1 , Residence District R- 15 . Said ordinance limits an undersized building lot existing prior to Town zoning, to containing only a single-family residence , The lot has a depth of 125 feet ( 150 foot depth required) . A special approval under Article XII , Section 54 of the ordinance may also be required . A vote on the motion resulted as follows : AYES - David Stotz , Harry Ellsworth , Ronald Krantz , James Niefer . NAYS - None . ABSTENTIONS - None . The motion carried unanimously . MOTION made by Harry Ellsworth , seconded by Ronald Krantz . RESOLVED , that this board grant the appeal of Gary Westfall , requesting a variance from the requirements of Article XIII , Section 57 of the Town of Ithaca Zoning Ordinance , to be permitted to add a second dwelling unit to an existing single -family residence at 154 West Haven Road , Town of Ithaca Tax Parcel No , 28- 1 -26 . 1 , Residence District R- 15 . Said ordinance limits an undersized building lot existing prior to Town zoning, to containing only a single -family residence . The lot has a depth of 125 feet ( 150 foot depth required) . A special approval under Article XII , Section 54 of the ordinance may also be required based on the following: a . A hardship to the owner in selling the property and have had one offer contingent on the second dwelling unit , b . there would not be any impact on neighbors . C , the addition of the apartment would not affect the character of the neighborhood , Town of Ithaca Zoning Board ofAppeals - August 12, 1998 APPROVED - APPROVED - APPROVED - APPROVED PAGE 6 d , and that the benefit to the appellant outweighs the detriment to the community . A vote on the motion resulted as follows : AYES - David Stotz , Harry Ellsworth , Ronald Krantz , James Niefer. NAYS - None . ABSTENTIONS - None . The motion carried unanimously . The third appeal to be heard by the board was as follows : APPEAL of Cornell University , Appellant, William Gaffney, Agent, requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to build a 175 square foot + /- building addition to the CCGR lab building # 1772 at Baker Institute on Hungerford Hill Road . Town of Ithaca Tax Parcel No . 61 - 1 - 9 , Residence District R- 30 . William Gaffney, Agent, stated the CCGR performed research into genetically controlled eyesight problems of dogs . A year ago CCGR received an approval to build an office building so that the existing building could be used as lab space . One of the primary investigators does not have an office and the plans are to create an office for him . The plans are for a 12x 12 office off the back corner of the building. Mr . Gaffney showed the drawings of the office . The office would have the same style of brick , roof, and windows . The office would be for the persons currently in the building . Mr . Krantz asked if the addition had a sprinkler system . Mr. Gaffney replied that it did not . Mr . Krantz stated it would be wise to have a sprinkler system . Mr. Gaffney stated the other building did require to have a sprinkler system and there was one installed . It would be an economic hardship to install a sprinkler system through the building. Mr . Ellsworth asked what the requirement was for special approval , Attorney Barney responded it met the minimum cost requirement of $ 10 , 000 . Chairman Stotz opened the public hearing at 8 : 00 p . m . Chairman Stotz closed the public hearing at 8 : 01 p . m . as there were no persons present to be heard . ENVIRONMENTAL ASSESSMENT : � . Town Assigned Project ID Number ?'Cw^ of Ithaca Environmental Review ... . ... ...-.. r. .. IS AIMS rrA a A C1 MMA JC1V l t d QN V 1r1%M"141r1C3Y 1 rtt.. l'1� Vii *IGA t o ► v ru*& For UNUSTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PA.Y* I - PROJECT INFORMATION o be ctamt ated by Aocftcant or Proiect St7onscrl 1 i_ Appui v3¢vttsor. ley 0. iae+ Ktna' i Dem ' anec & Asso (Hates , Architects Iw Montessori Annex Addition I precfsa [nesticm (street adarsss, road (ntersections, prominent landmarka, awe or provide rnap): 117 East King Road , Ithaca 43 - 2 - 7 i. Is proposed action: NEW? EXPAt4StoN? MOMFICATIONIALYERATION? — IS. C;oscrils project bciePy: (Include project purpose, present land use, causer and future I pLaM :Ind other relevant items): 1 I Erect New Sign l� i (Al .'t wig shaec(s1 if r, to adsc=e(v desc:ibe MEP imposed praiecL) 6. AMOUM of Land affected: Initially (0�5 yts) Q.L5 Aczas (6-1 Q Y�))D �5 As (> to yrs) n _ S Acts 7_ How Is land zoned presently? R - 15 l!! a. WM proposed action comply with existing zoning or other aslsting tared use restrictions? Y£S _X No It no, describe conict t gaily: III Sign Variance 9: WM proposed action lead to a nest for new: Public Road? YES NO X Pubic Water' YES No . X Public Sewer" YES NO Y, II 10. What is the prawn land use In me vicfniW at me proposed project? He3idertllal �_ Co vial Indusatri Agrfetdtute Park/For'esv0pen Space OMEW —X PleaseDescriba: Montessori Annex Building at 117 East King Road 11_ Roes wncosad action Involve a permit, approval, or funding, now or ultimately from arty atrter ;overnmmt a agency (Federal. State. Loci? YES NO . f !f � flat agattcy name aad oartnlvapprovaUttusding: II 22 ones any aspect of tha proposed action have a eurM6Itiy V- iI i pe=At cow ap;ravmj? YES NC M yes, list agency name and pannMappravai. Also, scam whether It wHl requiro atodlffcadon. I CErTNFY THAT THE INFORMATION PROV[OED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appiicanusponsor 71 7 (Print or Type): Peter De i a n e c RA Signature: Date: 1 June 1998 Rev_ 3MZ PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary.) A. Does proposed action exceed any Type I threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law? YES NO X If yes , coordinate the review process and use the full EAF. B . Will precosed 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, ncise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or ;flooding problems ? Explain briefly: r?one Anticipated . C2. Aesthetic, acricultural , archaeological , historic, or other natural or cultural resources ? Community or neighborhood charactar? Explain briefly : See Attached C3. Vegetation or fauna, fls , sheilfish , or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain 'priefiy : None Anticipated , C4. The Town's existing Plans or goals as cff' ciaily adopted , or a change in use or intensity of use of land or other natural resources ? Explain briefly : See Attached C5 . Growth , subsequent deveicpment, or related a cavities likely to be . induced by the prcpesed acticn ? Explain briefly : None Anticipated . Co . Long term , short ten,; , cumulative , or other et ects not identified in C1 - C507 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 reiated to potential adverse envircnmental impacts ? YES NO X If yes , explain briery : E. Comments of stair X (M other attached .. ( Check as applicable . ) PART III - DETERMINATION OF SIGNIRCANCE (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 ccnnectcn with its (a) setting (ie, urban or rural) ; (b) probability of occurring; (c) duration : (d) irreversibility; (e) geographic sccee : and (f) magnitude. It necessary, add attachments or reference supporting materials . Ensure that explanaticns contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. Check here if you have determined , based on the information and analysis above and any supporting documentation , that the Proposed acticn WILL NOT result in any significant adverse environmental impacts AND provide on attac: ments as necessary the reasons supporting this determination . Zoning Board of Appeals Name of Lead Agency Preparer's Signature ( If different from Responsible Officer; id Stotz Chairman me & Title of spe ibl Officer in Lead Agency Signature of Contributing Preparer Date : Sionature f Res ors " le Officer in Lead Acencv FINA Part II = Environmental Assessment Montessori School Annex -Sign Variance 117 East King Road Tax Parcel No. 43=2=7 Town of Ithaca Zoning Board of Appeals A. Action is Unlisted. B . Action will not receive coordinated review . C. Could proposed action result in any adverse effects associated with the following : C2. Aesthetic agricultural archeological historic. or other natural resources ? Community or neighborhood character? None anticipated. No agricultural, archeological, historic , or other natural or cultural resources are known to exist on the site, or are expected to otherwise be affected by the proposed action . This action is consideration of a sign variance to erect a sign at the Montessori School Annex. The proposed sign is approximately 10 square feet in area (63 " x 24") and 4 feet tall (with supports), where the Town of Ithaca Sign Law limits signs in residential districts to only 4 square feet in area. The proposed freestanding sign is much smaller than existing signs surrounding the Montessori property (Danby Road) . The design details include an attractive earthtone color scheme, with ivory lettering on a wood finish background , and natural wood finish posts . It is designed to be seen from East King Road, but not in such a manner as to be overpowering on the surrounding residential area or to adversely affect traffic patterns or visibility on East King Road. Given the above considerations , the impact from the proposed sign on the environment and character of the neighborhood is expected to be negligible. 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 ? The proposed sign exceeds the dimensional requirements, in terms of area, outlined in the Town of Ithaca Sign Law. The sign does , however, conform to the Sign Law ' s height requirements and distance from lot lines , buildings , and sidewalks . Due to the relatively small scale and design of the proposed sign , and the proposed earthtone color scheme, no significant adverse environmental impacts are anticipated with the action as proposed. Part III= Staff Recommendation, Determination of Environmental Significance Based on the review of the materials submitted for the proposed action , the proposed scale of it, the existing character of the site and surrounding land uses , and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer: Christine Balestra, P n r Review Date : July 21 , 1998 TOWN OF ITHACA FEE : $ 80000 126 East Seneca Street RECEIVED : Ithaca , New York 14850 CASH ( 607 ) 273- 1783 CHECK S I G N A P P E A L ZONING : to the Building Inspector/ Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to : erect sign 117 E . King 43 - 2 - 7 at Town of Ithaca Tax Parcel No . , 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 ) 4 . 01 - 1 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 . ) 1 - Grant a second hearing for a revised proposal for the sign 2 - Grant a variance for the size of the sign By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application . Signature of Owner/Appellant : Date : 8 May 1998 8 May 1998 Signature of Appellant/Agent • Date : Print Name Here * Peter Demjanec , RA School Architect Home Telephone Number : 277 - 7335 Work Telephone Number : 277 - 6302 Montessorl School o f Ithaca Dear Neighbor, You probably saw the sand carved sign at the annex ( 117 East King Road) which we had up for the re-naming ceremony for our school . (It is similar to the new sign at the main building, but smaller. ) We need special approval from the town and Board of Zoning Appeal to have it up as it is a bit bigger than the law ailows . If you feel it is appropriate aesthetically, we would appreciate you signing the bottom of this letter and placing it in our mailbox by July 15`h so that we can bring it to the meeting where a decision will be made . Thank you in advance for your help . We appreciate your support ! Yours very truly, O� Andrea B . Coby Riddle Administrator I have seen the proposed Annex sign or 117 East King Road and feel it is appropriate . r / Name : i S Address : / . 12o East King Road, Ithaca, New York 14850 . Phone/Fax 607- 277-7335 e- mail msiithaca @aol .com _-� Montessori School o f Ithaca Dear Neighbor, You probably saw the sand carved sign at the annex ( 117 East King Road) which we had up for the re-naming ceremony for our school . (It is similar to the new sign at the main building, but smaller.) We need special approval from the town and Board of Zoning Appeal to have it up as it is a bit bigger than the law allows . If you feel it is appropriate aesthetically, we would appreciate you signing the bottom of this letter and placing it in our maiibox by July 15th so that we can b:i::g it to the meeting where a decision will be made. Thank you in advance for your help . We appreciate your support ! Yours very truly, Andrea B . Coby Riddle Administrator I have seen the proposed Annex sign for 117 East King Road and feel it is appropriate. Name : Address : . 12o East King Road, Ithaca, New York 14850 . Phone/Fax 607- 277-7335 e- mail msiithaca @aol. com =� Montessorl School o f Ithaca Dear Neighbor, Caw I 'f� r✓"10 You probably saw the sand carved sign at the annex ( 117 East King Road) which we had up for the re-naming ceremony for our school . (It is similar to the new sign at the main ` building, but smaller. ) We need special approval from the town and Board of Zoning Appeal to have it up as it is a bit bigger than the law al'iuws . ii you feel it is appropriate aesthetically, we would appreciate you signing the bottom of this letter and placing it in our mailbox by July 15th so that we can bring it to the meeting where a decision will be made . Thank you in advance for your help. We appreciate your support ! Yours very truly, Andrea B . Coby Riddle Administrator I have seen the proposed sig or 117 East King Road and feel it is appropriate . Name : C/C Address : /;L3 /4 �q, Aq( &4, /32 . 12o East King Road, Ithaca, New York 14850 . Phone/Fax 607- 277 - 7335 e- mail. msiithaca @aol . com DEMJANEC & ASSOCIATES , ARCHITECTS 120 Brindley St , Ithaca , New York 14850 ph 607-277-6302 / fx 607-277-7020 27 May 98 O Q Mr . David Stotz , Chairperson MAY 2 7 1998 All Members Town of Ithaca Board of Zoning Appeals TOWN OF ITHACA BUILDING/ZONING c / o Mr . Andrew Frost , Code and Zoning Officer Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Re . SIGN VARIANCE MONTESSORI SCHOOL ANNEX ADDITION 117 EAST KING ROAD ITHACA , NEW YORK 14850 Architect ' s Project No . 9616A Dear Addressees . This letter recaps several conversations I ' ve had with the Town of Ithaca and with the Montessori School concerning the Sign Variance for the Montessori Annex at 117 East King Road . On 13 May , the Zoning Board heard the Montessori School ' s appeal for variance from the Sign Law , was uncomfortable with the request , and denied the variance . The School has asked that I modify the request and submit for the Board ' s consideration that modified request . Accordingly , our office will be preparing another variance request which will differ from the denied request in that the lighting will be omitted and the sign will be placed further from the road . If possible , additional modifications will be made . We also intend to submit analytic information which distinguishes the School and the specific site from other organizations and sites regulated by the Sign Law , and we intend to argue that life safety is enhanced by the granting of the request . We also expect to have neighbors support the variance request . We hope that the revised request and the additional information will adequately respond to the concerns voiced by the Board . i Because the School needed the sign for their renaming ceremony , they had it made prior to the hearing of 13 May , with hopes of a favorable outcome to the variance request . when the variance was denied , the School asked the Town for and received permission to temporarily erect the sign for the renaming ceremony . At the suggestion of the School ' s counsel , the sign has remained to allow members of the Zoning Board and neighbors an opportunity to see the sign prior to the variance hearing . The School invites all Board members to visit the site and view the proposed sign . The School intends to remove the sign prior to the variance hearing . we look forward to appearing before the Board on 8 July . In the meantime , please feel free to contact the undersigned if there are any questions or concerns . Si rel , Peter Demjanec , RA cc . Andrea Coby , Director , Montessori School • Y Aug - 04 - 98 09 : 13A demjanec & assoc , archs 607 277 6302 P . O1 r DEMJANEC & ASSOCIATES # ARCHITECTS 120 Brindley St , Ithaca , New York 14850 tel 607-277-6302 / fax 607-277-7020 FAX TRANSMITTAL t Date : August 4 , 1998 To : Tel : Fax : + r I. Town of Ithaca Andrew Frost , CEO 273 - 1783 273 - 1704 Pages sent ( including this cover sheet ) : 1 Please contact us if transmission is novas noted , or if there are any questions . i!i27 A LIST OF TRANSMISSION : 0 THIS COVER SHEET REMARKS Dear Mr . Frost : Having reviewed our file , I did not locate a succinct listing of the changes between the current sign variance request and the previous sign variance request , so I am listing them here : 1 The sign is moved back from the edge of the road : it was previously 21 feet from the edge of the road , it is now 42 feet from the edge of the road . 2 The sign is located on the Montessori ' s property . The sign was previously on the no-man ' s- land of the old East King Road right - of -way , which the County denied ownership of and which did not appear on the Montessori ' s deed . The sign is now within the property line described by the deed . 3 The previous proposal included illumination for the sign ; the current proposal is for a sign without illumination . 4 The previous proposal was for a sign mounted 6 feet off the grade ; the current proposal is for as sign mounted 4 feet off the grade . 5 The previous proposal placed the sign in the grass area ; the current proposal places the sign in the planting bed where the mature plants will reach the bottom of the sign , covering the posts and creating the impression of the sign sitting on the planting surface . All the above changes are intended to reduce the visual impact of the sign from the public right -of -way . The sign itself remains unchanged from the original proposal . Please call if you have any questions . Sincerely , ADOPTED RESOLUTION : 117 East King Road Recommendation to Zoning Board of Appeals for Proposed Sign-Montessori School Annex Building Sign Review Board (Planning Board) , July 21 , 1998 MOTION by Robert Kenerson, seconded by James Ainslie : WHEREAS : 1 . The Town of Ithaca Zoning Board of Appeals is rehearing an application for a free standing sign at the Montessori School Annex Building , located on 117 East King Road , Town of Ithaca Tax Parcel No . 4 ') - 2 - 7 , Residence District R- 15 . Montessori School , Owner/Applicant; Peter Demjanec ,;AGent, and 2 . On May 5 , 1998 , the Planning Board , acting as the Sign Review Board, recommended to the Zoning Board of Appeals, approval for a similar sign in a different location, and 3 . The earlier sign proposal was denied approval by the Zoning Board of Appeals on May 13 , 1998 ; and 4 . The currently proposed sign measures approximately 10 square feet in size , whereas the Town of Ithaca Sign Law permits a maximum size of 4 square feet for freestanding signs in residential districts, and 5 . The Board of Appeals, pursuant to the Town ' s Sign Law, has referred the application for said sign to the Sign Review Board (Planning Board) for its review and recommendations , and 6 . The Planning Board, acting as the Sign Review Board , at a public hearing , held on July 21 , 1998 , reviewed a Short Environmental Assessment Form Part I , prepared by the applicant, and Part II , prepared by Planning staff for the Zoning Board of Appeals , who will act as Lead Agency in the environmental review of the proposed sign ; drawings labeled "A1 - Exhibit 1 , Site Plan - Montessori Annex," dated February 12 , 1998 , and most recently revised June 5 , 1998 , prepared by Demjanec and Associates Architects, and additional application materials ; NOW THEREFORE BE IT RESOLVED : That the Town of Ithaca Planning Board, acting as the Sign Review Board, hereby recommends that the Zoning Board of Appeals approve the proposed sign variance for the Montessori School Annex Building , for the sign as shown on Sheet Al , entitled "Exhibit 1 , Site Plan - Montessori Annex, " dated February 12 , 1998 , and most recently revised June 5 , 1998 . AYES - Wilcox, Hoffmann, Kenerson , Thayer; Ainslie , Bell . NAYS - None . The MOTION was declared to be carried unanimously . Kcr 1 Karen Van �tten, Secretary, Town of Ithaca. Mary Bry t Admu strative Secretary . Date : _ Date : r 4, 4 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal. Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 126 East Seneca Street, Ithaca, New York on Wednesday, August 12, 1998, commencing at 7:00 P.M. , as per attached. Location of sign board used for posting: Bulletin board, front entrance of Town Hall. Date of posting: August 4. 1998 Date of publication: August 7, 1998 o Dani L. Holford, Building and Zoning Pepartment Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 7th day of August, 1998. Rota ub Mary J. Saxton Notary Public, State of New York Registration #01SA5044003 Qualified in Tioga =i2h5 My Commission Expires a 1 1� ■:I IF�IIf s ■ ■ e. elm a .� .�,_ :� . ` -4 1 Il. i �. �• .. . .:'+,,�,w -mss:.'. � .� ,. ,. • -=- m � �► , ?C� � - q I `_ i, r FINAL FIB TOWN of 1THACA TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY , MAY 13 1998 7 : 00 P . M . The following appeals were heard the Board as follows : APPEAL of Lee W . Schruben , Appellant , requesting a special approval from the Zooning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a non - conforming building/lot at 869 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 25 , Residence District R- 15 . Said enlargement consists of a modification to an existing single -family home with the addition of new first and second story space . Said building/lot is non - conforming , in part, as the house is currently ovr the south side yard property line { 15 foot setback required ) and 9 + /- feet from the north side lot line . A building height variance under Article IV, Section 1 1 , Subparagraph 6 of said ordinance may also 'se required as said proposal may approach a building height of approximately 48 + /- feet (36 foot height limitation) . APPEAL GRANTED APPEAL fo Cornell University , Owner/Appellent, Ann Shumate , Agent , requesting a modificatio of a previously granted Special Approval from April 19 , 1989 , under Article Ill , Section 4 , Subparagraph 3 (b) , of the Town of Ithaca Zoning Ordinance , to be permitted to occupy graduate student housing units by persons of post graduate and graduate student age and above , who are short-term university affiliated visitors and participants , located at Maplewood Park , 201 Maple Avenue , Town of Ithaca Tax Parcels No . 63 - 2 - 1 , - 21 - 3 , - 10 . 2 , and - 14 , Residence District R-9 . APPEAL GRANTED APPEAL of the Paleontological Research Institute , Appellant , Warren Allmon and Anton Egner , RA, Agents , requesting a modification of a previously granted Special Approval from February 12 , 1997 , under Article V, Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to alter site plans and floor plans in conjunction with a recent 6 , 000 + /- square foot building additiion at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24- 3 - 3 . 1 , Residence District R- 30 . Said modifications include interior wall partitions , handicap accessibility provisions , and automobile parking spaces . APPEAL GRANTED APPEAL of the Montessori School , Owner/Appellant , Andrea Riddle and Peter Demjanec , RA, Agents , requesting variances from Section 4 . 01 (a) of the Town of Ithaca Sign Law , to be permitted to have a 20 square foot freestanding sign at the main school building (4 Square feet maximum allowed ) and a 10 . 5 square foot freestanding sign at the annex building (4 square feet maximum allowed) at 120 and 1 17 East King Road , Town of Ithaca Tax Parcels No . 43 - 1 - 15 and 43 - 2 - 7 , Residence District R- 15 . i (Main Building) APPEAL GRANTED (Annex) APPEAL DENIED TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 17 Planner Balestra stated there were no other environmental concerns and recommends a negative determination . MOTION made by made by Harry Ellsworth , seconded by Kirk Sigel . RESOLVED , that this board makes a negative determination of environmental significance to the Paleontological Research Institute , at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24- 3 - 3 . 1 , Residence District R- 30 , based upon the review by the Town of Ithaca Planning Department . A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Krantz , Niefer , Sigel . NAYS - None . The motion was carried unanimously . MOTION Ronald Krantz , seconded by Harry Ellsworth . RESOLVED , that this board grant in the Special Approval to PRI , requesting the modification of a previous grant , located at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24- 3 - 3 . 1 , Residence District R- 30 , to allow them to alter their site and the floor plans according to the drawings submitted . This includes additional parking spaces , handicap accessibility provisions and re -grading. A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Krantz , Niefer , Sigel . NAYS - None , The motion was carried unanimously . The fourth appeal to be heard by the board was as follows : APPEAL of the Montessori School , Owner/Appellant , Andrea Riddle and Peter Demjanec , RA, Agents , requesting variances from Section 4 . 01 (a) of the Town of Ithaca Sign Law , to be permitted to have a 20 square foot freestanding sign at the main school building (4 Square feet maximum allowed ) and a 10 . 5 square foot freestanding sign at the annex building (4 square feet maximum allowed) at 120 and 1 17 East King Road , Town of Ithaca Tax Parcels No . 43 - 1 - 3 . 5 and 43 - 2 -7 , Residence District R- 15 . Joseph Westbrook , Associate at Demjanec and Associates Architects , 1796 Slaterville Road . Mr . Westbrook showed photographs of the signs they wished to erect. He stated East King Road was outside of the city , and there is a certain spaciousness . Mr . Westbrook feels a four square foot sign out in that area would not be very visible . The school wants its presence known . When they did the annex last year , one of the things they did was put in a reduced speed zone , which in affect during the school hours . He feels everything they can do to make their presence known , TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 18 as a school facility and to make motorists aware , is very important , that is one of the reasons they want a sign to be well visible . The third item that has evolved is during the course of improvements , and building of the annex , is Elizabeth Anne Clune . She is a former student and her parents have donated a sizable amount to make the improvements , Therefore , the school has recognized Ms . Clune as someone who embodies everything that the school strives to accomplish , which is to do your personal best . Elizabeth Anne Clune is a down syndrome child . She was with the school from age two to twenty , and is now a working person in the community . The school recognizes her achievements , and her parents generosity . This is why the sign includes her name . Chairman Stotz stated he noticed there were two different resolutions . Planner Balestra stated that according to the plans that were given to the Planning Board , the sign at the annex building did have proposed lighting . Mr. Niefer stated the proposed action includes the illumination of the sign using low watt flood light , staked in the ground , facing the sign . Planner Balestra stated , the plan Chairman Stotz was holding, at the top showed a sign light , it was relatively small . She explained there were separate resolutions because there were separate signs . Chairman Stotz asked if there was a reason the annex sign was to be lit and not the sign at the main building. Mr. Westbrook stated that Demjanec and Associates were the architects for the annex, and their design included the sign , He said his understanding was they did have after hours meetings there . Chairman Stotz asked if the intent was only to light the sign when there were people in the building. Mr. Westbrook stated his understanding was the school only had daytime hours . The issue came up with the reduced speed zone , it is very limited to 9 a . m , to 5 p . m . , Monday through Friday . Chairman Stotz asked if the sign was to be lighted for safety reasons . Mr. Westbrook stated there were a lot of safety concerns when they went through the original annex planning approval . Planner Balestra stated it was possible because of the location of the annex sign , it will be closer to the road , as opposed to the main building sign . Mr. Westbrook stated the concern of the Planning Board was the permission from the county to be in the right of way. He talked with Gerald Stern at the Highway Division . Mr. Stern said if the sign was beyond twenty-five feet from the center line of the road , you would not fall under any county restrictions . Mr . Westbrook took the two TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 19 maps which were submitted , and dropped the twenty-five foot line in , both signs were beyond , and county permission was not necessary . Chairman Stotz asked what the sign ordinance said about lighted signs . Director of Building and Zoning Frost replied it provides a maximum lamination . Chairman Stotz asked if sign could be lit in any case . Director of Building and Zoning Frost stated they could be back lighted or direct lighted . ., . Chairman Stotz asked if any signs were permitted to be lit in the area . Director of Building and Zoning Frost stated there was a limit on the lighting . Mr . Niefer stated there was a regulation , and the sign was five times larger than what is allowed at the main building , and almost three times larger at the annex. Mr . Westbrook asked if Mr . Niefer had been by the sign , and he stated the sign would only be two inches bigger in each direction , He gets the sense that it is hard to spot . Planner Balestra stated the Planning Board did discuss issues of size . They adopted the resolution for the proposed sign variances . The Planning Board did not have many concerns with the signs . Planning Board did have a concern with Mr . Westbrook stated the g the height of one sign , and put a six foot restriction on the sign . Chairman Stotz asked if Mr . Westbrook could help the board understand why a larger sign was needed . Mr . Westbrook stated the dimensions on the annex sign were sixty-three by twenty-four inches , and the dimensions of the main building sign were forty-eight by sixty inches . He thinks the signs are in different proportions . Mr . Ellsworth asked what the speed limit was reduced to . Mr . Westbrook replied it was reduced from forty miles per hour to thirty miles per hour . Chairman Stotz asked if any one had spoken with the adjoining property owners . Mr . Ellsworth stated coming from the east , a small sign would visible . Mr . Westbrook stated the school was very interested in making their presence known , especially since they are on both sides of the street . As part of the Planning Board resolution , every time a student crosses the street a teacher must be present with them . TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 20 Mr. Ellsworth stated due to limited parking the teachers were parking at the main building and crossing to the annex. Chairman Stotz asked if they had requested the county to put up a sign warning motorists of the school crossing. Mr. Westbrook responded they went to the state level , and the reduced speed zone signifies the school is the reason . Chairman Stotz asked if there was going to be a sign put up by the county saying School' Zone , Planner Balestra stated at the last meeting of this issue she passed around pictures of the school zone in place . Chairman Stotz asked if there would be warning on the road . Friday . Planner Balestra replied the sign stated School Zone , thirty miles an hour , 7 a . m . to 6 p . m . , Monday through Chairman Stotz asked Mr . Westbrook if it were safety reasons a larger sign was needed . Mr. Westbrook responded the sign was needed to make them aware people were present , a highway sign is very impersonal . It is recommended for the driver to see and understand . The sign of the school recognizes that is has a personality and an image , and a place in the community . Chairman Stotz stated if they say the school was there and it had a place , and people are there . It is the same rational that any one else could do for their business . He wanted to know if there was something unique about Montessori that warranted a larger sign other than just letting people know they are there . Attorney Barney stated the school wanted to put the Elizabeth Anne Clune on the sign , and Montessori big enough to read it. When everything is put on , it begins to run together . It was articulated as the reason they wanted to make the name and Montessori . Chairman Stotz stated if the board were to agree , he was waiting for some one to come a long and say Montessori has one , He is wondering about what it means to other people when they read the resolution , and they say it was done for Montessori , do it for us too . Mr. Ellsworth stated the sign was just over ten square feet. Part of what is bothering the Board is it five times the allowable . Mr, Westbrook stated the school had professional advice , and relied on the advice . The school ended up in an illegal situation . TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 21 Director of Building and Zoning Frost asked if it would be fair to say this type of sign was consistent with the type of sign that is seen in front of a school . Mr. Westbrook stated they were not a business , but an institution who's goal is to educate children . Attorney Barney stated the sign ordinance applied to both non- profits and profits equally . Mr . Sigel stated the law might need to be changed for this area . If the new ordinance can not be changed , then they should not change it by granting a variance . k Attorney Barney stated finding some justification for that sign and restricting the other one to what the sign ordinance permits . Director of Building and Zoning Frost stated a college or institution can have a sign identifying the building or activity of the college or university not to extend twenty-four square feet . What they are coming from is in a residential district. Since this is a non - residential permitted use in a residential zone , it is limited to four square feet. Attorney Barney stated it said colleges and universities , Chairman Stotz asked if anyone else from the public wished to speak . With no one present to be hear , Chairman Stotz closed the public hearing. ENVIRONMENTAL ASSESSMENT : Planner Balestra stated the color schemes and design of the sign is relatively ntrusive to the area . To give a little perspective a four square foot sign is a little smaller than a real estate sign . The staff does not find any adverse environmental impacts . Attorney Barney stated the school was in a residential zone , normally large signs are not seen in a residential zone . In a business or non - residential zone , there can be larger signs . Chairman Stotz stated in other words , if a doctor or professional who was permitted to work out of their home , would have a small sign indicating their business . MOTION made by Ronald Krantz , seconded by James Niefer . RESOLVED , that this board makes a negative determination of environmental significance to permit a twenty square foot sign at the main school building , 120 East King Road , Town of Ithaca Tax Parcels No . 43 - 1 -3 . 5 , Residence District R- 15 . It is noted foursquare feet maximum is allowed . AYES - Stotz , Ellsworth , Krantz , Niefer , Sigel . NAYS - None . TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 22 The motion was carried unanimously . MOTION made by Ronald Krantz , seconded by James Niefer . RESOLVED , that this board makes a negative determination of environmental significance to permit a ten and a half square foot sign at the annex building 1 17 East King Road , Town of Ithaca Tax Parcel No . 43 -2 - 7 , Residence District R- 15 . AYES - Stotz , Ellsworth , Krantz , Niefer , Sigel . NAYS - None . r . The motion was carried unanimously . Chairman Stotz stated there were a number of combinations , keep one not the other , keep both , do a way with both , apply the sign ordinance . Mr . Sigel stated in theory they should not be swayed by the existence of an illegal sign . The board should not pass the larger sign because there is one there of approximately the same size . Chairman Stotz stated the financial hardship of removing the sign and paying for another one is self imposed . Mr. Ellsworth stated it was in a residential zone , but adjacent is a gas station , and furniture store . It is in a residential zone , but on the edge of joining a business zone . Mr. Krantz stated there were a lot of good reasons to allow the signs . Planner Balestra stated she spoke with the business manager , Kim Querner , of the Montessori School . Planner Balestra had questions about whether they were going to replace the existing sign . Ms . Querner stated because the sign they were requesting was relatively the same size of what is illegally there , they would use the same post, and replace just the sign . Mr . Sigel stated he agreed with Chairman Stotz , which is there is not necessarily a reason to put the extra information on the annex sign , so it could be four square feet and serve its purpose . MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED , that the board grant the appeal of Montessori School , Owner/Appellant, Andrea Riddle and Peter Demjanec , RA, Agents be permitted to construct a 20 square foot freestanding sign at the main school building (4 Square feet maximum allowed) located at 120 East King Road Town of Ithaca Tax Parcel No . 43 - 1 - 3 . 5 , Residence District R- 15 , based upon the review of the Town of Ithaca Planning Board . This approval is being made in recognition of the fact that it is a school area located on two sides of a busy road . It is beneficial and advisable that motorists be given as much notice of children and people crossing the road as possible . TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 23 AYES - Stotz , Ellsworth , Krantz , Niefer , Sigel . NAYS - None . The motion was carried unanimously . Planner Balestra stated there was a clarification , the Montessori School main building is zone R- 30 , and the Annex is R- 15 . Mr . Ellsworth stated he saw Chairman Stotz point . The school is already identified by the oversized sign . There is not a need for a second for an oversized sign . He stated he agreed with one large sign , non -conforming , one small sign , conforming. MOTION made by Harry Ellsworth , seconded by Ronald Krantz , RESOLVED , that the board deny the appeal of the Montessori School , Owner/Appellant, Andrea Riddle and Peter Demjanec requesting a variance for a 10 . 5 square foot freestanding sign at the annex located at 1 17 East King Road , Town of Ithaca Tax Parcel No . 43 -2 -7 , Residential Area R- 15 . A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Krantz , Niefer , Sigel . NAYS - None . The motion was carried unanimously . Mr , Krantz stated the Montessori School was growing rapidly, and within another few years there might be a few more annexes . Mr . Westbrook stated currently a classroom is being built behind the annex and three more classrooms were approved to be built also . Mr . Ellsworth stated he and Mr . Krantz went to the County Planning Meeting and heard an idea from the Board of Appeals in Groton . The board sends a letter out to the people who are to come before the board for special appeals which outlines exactly what needs to be proved . There are cases , like the first case , that come before the board and they do not have the information needed . Director of Building and Zoning Frost stated he did not have a problem with a letter . He wanted to offer in some ways to try to make sure the board receives information that allows them to make a decision . Director of Building and Zoning Frost stated that they would need to be careful about how to present the appeal . He would not want to tell them what argument to make , he rather their arguments be pure in how the applicant sees it . TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 24 Attorney Barney stated they could formulate a letter . There is three different matters to deal with , use variance , area variance , special approval , and these would all require a different letter . So in all , there would need to be three letters . Mr . Ellsworth stated there was some one from Danby present, is new to the Board of Zoning Appeals , and he stated his idea was to help the person through the process and not intimidate them . Attorney Barney stated there was a certain amount of intimidation in the way the furniture was arranged . On the other hand , people who might have a good argument , and instead of interrogating them , they could come prepared . The applicant would know exactly what was expected when they came before the beard . Director of Building and Zoning Frost stated it would be all right to send them relevant excerpts from the law . This is one of the topics brought up in the class in Syracuse he attends . The instructor felt you needed to be careful in sending out letters of this nature , to make sure you fall short of giving legal advice . If some suggestions are offered , they take them , and the appeal is denied , the applicant can say they did what the board asked . Attorney Barney stated the letters should basically say what the board must consider in making the determination of their application . The letters should contain the criteria of what the board must consider , and do that for each variance and the special approval . Director of Building and Zoning Frost stated the staff does do that briefly. He stated he tries not to feed them the answers he wants to hear . Director of Building and Zoning Frost does not have an objection to a letter, they just need to be careful , otherwise they are preparing the applicant to make an argument which may not be the actual objective argument . Mr. Krantz stated what he thought Mr , Ellsworth meant was the people from Cornell about Maplewood did not really know how long, how many, how many vacancies , or how many apartments . Attorney Barney stated it was inexcusable . Cornell University has paid council on staff, but the answer is to expand it as much as possible . Director of Building and Zoning Frost stated he thought it was fine to give the applicant copies of Section 77 , he feels he should not listen to their arguments , and tell them what is and is not acceptable . Mr. Ellsworth stated it was an idea to make it more businesslike . Attorney Barney stated he would try to come with a letter for the next meeting . Chairman Stotz adjourned the meeting at 9 : 36 p . m . TOWN OF ITHACA ZONING BOARD OF APPEALS APPROVED - APPROVED - APPROVED PAGE 25 wL � Carrie L . Coates , Keyboard Special ist/M 1 nutes Recorder David Stotz , Chai Inan ` p ^ X. CV f Ir . / ! 41 �� H F 144 i ', � 40 to et i ✓ ; � � - `✓� \ ice''^ vEC ,+ O � '�'� : J ,0 r i � i ti � t 1 ` ( •_ '- T Ali IC � ' vs N10 .0 JJ ��r� .� 1. t . _ i• • • �~ r� . �f' ' rr �+ — ` AT No j lSolo r •� l . . L si y ' ' `'k � J :•^ i r 0. AL _ f7 ( � �, i � , ✓ �j 1 i . 1_ or r t t T T9 APR - 16 - 96 14 : 46 FROM : Town of Ithaca ID : 6072731704 PAGE 2 / 3 p � G� [� Od � Town Assigned Project 10 Number APR 2 0 1998 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM TOWN OF ITHACA For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins For ri ING /ZONING PART I a PROJECT INFORMATION (To be camDleted by A olicant or Project Sponsor) 1 _ ApplicanuSponsor. 2- Project Nance: A . 3. Precise Ioeadon (street address, road Intersections, prominent landmarks. air. or provide map): Tax parcel Number, J43 —p2 " 4. Is proposed acticn- NEW? X EXPANiSICN? MCCIr C3.TION(ALTERATiCN? 6- Describe project briefly- (Inc!ude project purpose, Present land use, current and future censtrucdon plans. and ot.`er relevant stems): (A.ach secarate sheets) 'rf recessary x aCACua:ely desc:`re use arCCSed prcjec: ; 6. Amount of (and affected: Initially (0-5 yrs) 3 • S Acres (6-10 .yrs) QS Acres (a 10 yrs) -S Acres T. How is land Zoned presently? L �� 8. Will proposed action comply with existing Zoning or other existing land use restrictions? L 5 YES NO If no, describe conflict bristly: -�' k �nL N/ Lc �,r ee, . or � O�t1T n -od �� v�.`�'1'1 CZi `S ' ofl . JJ S. Will proposed action lead to a request for new: Public Road? YES No Public water? YES Na Public Sewer? YES NCO _ 10_ What is the present [and use In the vicinity of the proposed project? Residential /� Commercial Industft Agriculture FariovForest/Open Space Other _ Please Desc.-it*, J% - �'35 0 » . Does proposed action Involve a permit, approval, or funding, now or ultimately from any ottt®r governmon:31 zgdncy (Federal, Stare, Local)? YES NO If yes, list agency name and permitlapprovaufunding : 1Z Does any aspect at the proposed action have a currently valid permit or approval? YES NO 4 N yes, list agency name and permitlapproval_ Also, state whether It will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE Appiicant/Sponsor N (Print or Type) : J A " CC � A TO C signature : �� _ Date: A" r z l �F Rev . d/92 < PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary.) A. Does proposed action exceed any Type I threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law? YES NO XX If yes , coordinate the review process and use the full EAF. S . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617. 6? YES NO XX 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 : See attached . C3. Vegetation or fauna, ish , shellfish , or wildlife species , significant habitats , unique natural areas , 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 : See _ attached ;. . _ _ ., 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 erects not identified in C1 - C5 ? 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 XX If yes , explain briefly : E. Comments of staff CB other attached .. ( Check as applicable . ) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect Identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (le. urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (9) geographic scope ; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. XX 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 cj'L)1,4-x o Name of Lead Agency Preparer's Signature ( If different from Responsible Officer David Stotz , Chairperson Name & Title sible Officer in Lead Agency Signature of Contributing Preparer Date : Si nature of es o sibl Officer in Lead A an i c c Part II = Environmental Assessment Montessori School Annex = Sign Variance 117 East King Road Tax Parcel No. 43-2-7 Town of Ithaca Zoning Board of Appeals A. Action is Unlisted. I3 . Action will not receive coordinated review. C. Could proposed action result in any adverse effects associated with the following : C2. Aesthetic , agricultural, archeological , historic , or other natural resources ? Community or neighborhood character? None anticipated. No agricultural, archeological , historic, or other natural or cultural resources are known to exist on the site, or are expected to otherwise be affected by the proposed action . This action is consideration of a sign variance to erect a sign at the Montessori School Annex. The proposed sign is approximately 10 square feet in area (63 " x 24") , where the Town of Ithaca Sign Law limits signs to only 4 square feet in area. The proposed freestanding sign is much smaller than existing signs surrounding the Montessori property (Danby Road) . The design details include an attractive earthtone color scheme, with ivory lettering on a wood finish background, and natural wood finish posts. It is designed to be seen from East King Road, but not in such a manner as to be overpowering on the surrounding residential area or to adversely affect traffic patterns or visibility on East King Road. Given the above considerations , the impact from the proposed sign on the environment and character of the neighborhood is expected to be negligible. The proposed action also includes the illumination of the sign , using a low- wattage floodlight, staked in the ground , and facing the sign . This type of illumination shines light directly onto a proposed structure or sign, thereby minimizing light pollution to other areas, such as nearby residences . The light will also be directed away from East King Road. Due to the small scale and low wattage of the proposed lighting, no adverse impacts in regards to aesthetics or community character are anticipated. C4. The Town ' s existing plans or owls as officially adopted, or a change in use or intensity of use of land or other natural resources ? ti b ' The proposed sign exceeds the dimensional requirements, in terms of width, outlined in the Town of Ithaca Sign Law. The sign does , however, conform to the Sign Law ' s height requirements and distance from lot lines, buildings, and sidewalks . Due to the relatively small scale and design of the proposed sign, its lighting, and the proposed earthtone color scheme, no significant adverse environmental impacts are anticipated with the action as proposed. Part III- Staff Recommendation, Determination of Environmental Significance Based on the review of the materials submitted for the proposed action , the proposed scale of it, the existing character of the site and surrounding land uses , and the information above, a negative detemnination of environmental significance is recommended for the action as proposed. Lead Agency : Town of Ithaca Zoning Board is Reviewer: Christine Balestra, Planner Review Date : April 27 , 1998 TOWN OF ITHACA FEE : $ 80000 y 125 East Seneca Street RECEIVED : � � -] L Ithaca , New York 14859 CASH ( ) ( 697 ) 273 - 1783 CHECK S I G N A P P E A L ZONING : to the Building Inspector/ Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York -aving been denied permission to : ERECT SIGN at 147 FAST VTNTr_ Rnap Town of Ithaca Tax parcel No . 43 - 2 -- 7 as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that th�e� issuance of such permit would be in violation of : Section ( s ) �l o1 - I�Q� of the Town of Ithaca Sign Law , Local Law No . 6 - 1980 , the iJNDERSIGNED 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 GNNECESSARY HARDSHIP as follows : ( Additional sheets may be attached as necessary . ) visability requires a large sign at this location . 3y filing is 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 . , 1ZRFA ME, OF ° RCPERTv 0WIFLR .. icna tore of Appe ? lant/ Agent : /f Date • o =int Name Here : DaM.SAN4FC A SSdG I 2_ . a i 5 r t--1 iTc G-TS Telephone Number : 43 35 W Telephone Number : ADOPTED RESOLUTION : Montessori School Annex Building -Proposed Sign 117 East King Road Recommendation to Zoning Board of Appeals Sign Review Board (Planning Board) , May 5 , 1998 MOTION by James Ainslie , seconded by Lawrence Thayer : WHEREAS : 1 , The Town of Ithaca Zoning Board of Appeals has received an application for a free standing sign at the Montessori School Annex Building, located on 117 East King Road, Town of Ithaca Tax Parcel No . 4 ') _ 2 - 7 , Residence District R- 15 . Montessori School , Owner/Applicant ; Peter Demjanec , Agent, and 2 . Said sign measures approximately 10 square feet in size , whereas the Town of Ithaca Sign Law permits a maximum size of 4 square feet for freestanding signs in residential districts, and 3 . The Board of Appeals , pursuant to the Town ' s Sign Law, has referred the application for said sign to the Sign Review Board (Planning Board) for its review and recommendations , and 44 The Planning Board, acting as the Sign Review Board, at a public hearing , held on May 5 , 1998 , reviewed a Short Environmental Assessment Form Part I , prepared by the applicant, and Part 11 , prepared by Planning staff for the Zoning Board of Appeals, who will act as Lead Agency in the environmental review of the proposed sign ; drawings labeled "Design D , " dated April 1 . 1998 , prepared by Demjanec and Associates Architects, and additional application materials, NOW THEREFORE BE IT RESOLVED : That the Town of Ithaca Planning Board , acting as the Sign Review Board, hereby recommends that the Zoning Board of Appeals approve the proposed sign variance for the Montessori School Annex Building , for the sign as shown in "Design D , " dated April 1 , 1998 , subject to the following condition : That permission be obtained from Tompkins County to install said sign within the county-owned road right-of-way , as shown on the site plan drawing A- 1 , revised March 27, 1998 . AYES - Wilcox, Hoffmann, Ainslie, Thayer, Bell . Kenerson NAYS - None . The MOTION was declared to be carried unanimousiv . (ZAA� /ak4,9 ,J_ M Karen McGuire, Secretary, Town of Ithaca. Mary Bryary.Administr ive Secretary . r s �- �� OoIli elm ,. Aft 1 t ur ; f � I i (fit Ir ; o m Jr 7 F I : f � TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY . APRIL 8. 1998 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 Wednesday. April S . 1998. in Town Hall , 126 East Seneca Street. ( FIRST Floor. REAR Entrance. WEST Side ) . Ithaca. N . Y . . COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Lisa and Michael Wittmer. Appellants . requesting a special approval from the Zoning Board of Appeals under Article XII . Section 54 of the Town of Ithaca Zoning Ordinance. to be permitted to add a dwelling unit in the basement of an existin ` non -conformins single- family residence at I l Renwick Heights Road. Town of Ithaca Tax Parcel No . 17- 3 - 20 . Residence District R- 1 5 . Said property is non -conforming since it is less than the required 100 - foot lot width ( having 75 feet ) and less than the required 15 . 000 square feet lot area (having approximately l 1 232 square feet) . Additionally. a variance from the requirements of Article XIII , Section 57 of the Zoning Ordinance is also requested since said section limits non -conforming building lots to only single- family residences . APPEAL of Ithaca College. Appellant. Robert J . O ' Brien . Agent, requesting a special approval From the Zoning Board of Appeals under Article IV. Section 11 . Paragraph 3 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30 .238 - square foot fitness center on the Ithaca College Campus. at 953 Danbv Road, Town of Ithaca Tax Parcel No . 41 - 1 -30 2 . 42 - 1 - 13 . 1 . Residence District R- 15 . A variance from the requirements of Article IV , Section l 1 . Subparagraph 6 is also being requested as the proposed building will be 45 _ feet high (38- foot height limit) . APPEAL of Lee W. Schruben, Appellant, requesting a special approval from the Zoning Board of Appeals under Article XII . Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non - conforming building/lot at 869 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25 -2 -25 . Residence District R- 1 5 . Said enlargement consists of modification to an existing single- family home with the addition of new first and second story space. Said building/lot is non -conforming, in pam as the house is currently over the south side yard property line ( 1 5 foot setback required) and 9 = feet from the north side lot line. A building height variance under :-article IV, Section 11 , Subparagraph 6 of said ordinance may also be required as said proposal may approach a building height of approximately 48 - feet ( 38 foot height limitation ). APPEAL of the Montessori School, Owner. Peter Demjanec, RA. Agent. requesting a special approval from the Zoning Board of Appeals under Article IV. Section I l of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a school located at 117 East King Road, Town of Ithaca Tax Parcel No . 43 -2 - 7, Residence District R- 1 5 . A variance from the requirements of Article XIII . Section 69 of said ordinance is also requested as additional automobile parking spaces will be located within the required front yard (25 feet from the road right-of-way line) . Additionally, 5 parking spaces will be provided. while 10 are required. 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 necessar% . 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 1 , 1998 Publish : April 3 . 1998 (j r S'� TOWN OF ITHACA ZONING EOARD OF APPEALS APRIL 8, 1998 PAGE 15 APPROVED - APRIL 30, 1998 A vote on the motion resulted as follows : AYES - EIlsworth , Krantz , Niefer , Sigel . NAYS - None . The motion was carried unanimously . MOTION made by Ronald Krantz , seconded by James Niefer: RESOLVED , that the board grant the appeal of the Montessori School for special approval under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge their school at 117 East King Road , Town of Ithaca Tax Parcei No . 43-2- 7 , Residence District R- 15 . It is understood that this addition would be no more than 2 , 185 square feet. The board also grants the variance from the requirement of Article All , Section 69 of the Town of Ithaca Zoning Ordinance so they can encroach onto the front yard for a fifth parking space , and be allowed a total of five parking spaces whereby ten parking spaces are normally required . A vote on the motion resulted as follows : AYES - Ellsworth , Krantz , Niefer , Sigel . NAYS - None . The motion was carried unanimously . Vice Chairman Ellsworth closed the meeting at 8 : 50 p . m , n, k Deborah Ann Kelley , Deputy Town C r Minutes Recorder N rry Ells w 6 , ice airman TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8 , 1998 PAGE 12 APPROVED - APRIL 30 , 1998 Ms . Snow said their only concerns are for the existing creek and how close the new building would come to the lot lines . Mr . Schruben said there will not be any changes to the existing creek , and the new addition would not effect the views of the Snows . Director of Building and Zoning Frost said they would be concerned about the creek during the construction for erosion . He is under the impression that there will not be any construction on the north side of the property . Ms . Schruben said they plan to build a stairways on the north side to get to the upper level . Ms . Snow asked Ms . Schruben if they would be constructing on the north side . Ms . Schruben said they would only be constructing the stairways on the north side , but they would not be going over the footprint of the deck. Director of Building and Zoning Frost said there will be another meeting on the footprints with more formal drawings to look at. Mr . Sigel said the height drawings supplied shows approximately 48 feet. Mr . Krantz asked the Schrubens and the Snow if they have ever met before this meeting . Ms . Snow said they see the Schrubens in the summertime , and feel that they have a good relationship . Attorney Barney said this board normally grants variances upon formal plans and drawings . The Schrubens should acquire with the immediate neighbors to see if there are any objections , and if there are no problems the Schrubens should have the plans drawn and come back to the board . The Schrubens should supply the plans to the Building and Zoning Department for Mr . Frost to review for the building permit application . Vice Chairman Ellsworth closed the public hearing . The Zoning Board of Appeals decided to adjourn this appeal to the May 13th meeting in order for the Schrubens of obtain more information for the board . The last appeal to be heard by the board was as follows : APPEAL of Montessori School , Owner, Peter Demjanec, RA, Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a school located on 117 East King Road , Town of Ithaca Tax Parcel No . 43 -2 -7 , Residence District R-15 . A TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8 , 1998 PAGE 13 APPROVED - APRIL 30 , 1998 variance from the requirements of Article Xlll , Section 69 of said ordinance is also requested as additional automobile parking spaces will be located within the required front yard ( 25 feet from the road right-of-way line ) . Additionally, 5 parking spaces will be provided , while 10 are required . Peter Demjanec , Architect for the Montessori School , said the board should notice the reduced speed zone sign that is successfully in place now . He is here to ask three things of this board . First is an extension of the special permit that was granted by this board last year for the extension for the purpose of building an addition onto the Annex. The addition will be 2 , 175 square feet that contains a single large classroom adjacent to a large classroom , three smaller flexible lesson spaces by movable partitions can be added to the one large classroom , and the requested addition is shown on the drawing A-2 . Drawing A-3 shows what the west elevation of that addition will be like . In addition to a request for modification for a special permit, they are asking for two parking variances . The first is for an encroachment on the required 25 foot front yard to allow them to have a fifth parking space in front of the building where there is current four parking spaces . Mr . Demjanec said last year when they were before the board they spoke about a fourth parking space that encroached into the 25 foot yard by two and a half feet. Now they would like to add a fifth parking space that would encroach approximately eight and a half feet into the 25 foot front yard requirement. Mr . Demjanec said the third thing they are asking the Zoning Board of Appeals is for a variance for a required number of parking spaces . The facility has currently a classroom , a lesson room , and an art room . In the proposed addition there is a classroom and three lesson rooms . The required parking space count is somewhere between 10 and 12 spaces . They are asking for a variance to be allowed to have five spaces . Mr . Demjanec said in terms of the request for a number of parking space , they believe due to the nature of the facility , the five parking spaces that are being proposed will be more than adequate . By nature of the facility , he means the way the school structures their educational programs . They currently have a single teacher stationed at that school . When the addition is completed there will be two teachers stationed at that school . Other faculty actually rotates from the main school across the street to this school , so there will be no more than two teachers stationed at this facility . In addition , the school across the street has a lot of parking . There is currently 26 parking spaces there , and this school has the option of requiring their faculty park there to free as many spaces at the proposed site . In terms of the encroachment on the front yard space , the facility as it is right now , this is at the intersection of the abandoned old King Road and the current King Road comes together . In front of the building there are two roadway right-of-ways . One of which is currently occupied by King Road and the other is currently a large extension of the front yard . Vice Chairman Ellsworth asked what was passed on the first issue before . Mr . Demjanec said last year they appeared before the Zoning Board of Appeals for a special permit to convert an existing house to the annex , and that special permit was granted . The school is now asking for an extension of that special permit to add the addition to the annex . That was for conversion of the house to classroom facility , and that permit was granted . TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8 , 1998 PAGE 14 APPROVED -_APRIL 30 . 1998 Attorney Barney said Mr . Demjanec is talking about the extension in terms of time , not dimension . Mr. Demjanec said at midnight last night he was talking to the City' s Zoning Board of Appeals talking about that same context. Mr . Sigel asked if this is a separate appeal than what happened a year ago . Attorney Barney responded , yes . Mr . Demjanec said also last year they asked this board for a variance for the fourth parking space which is a modest encroachment on the 25 foot front yard setback , and now they are asking for the same variance to a larger degree for the fifth parking space. Mr . Niefer asked if this parcel would be complete building construction with this addition . Mr . Demjanec responded , yes . They have been through sketch plan review and preliminary site plan review with the Planning Board , and they are looking for final site plan review . As part of that process the Planning Board did ask for the entire master plan for the Montessori School . This is the current ten year projection for build up for this side of the road . This would become their pre-school program free- standing on this side of the road , and once this becomes free-standing there would be no need for anyone to cross the road . Vice Chairman Ellsworth opened the public hearing . With no one present to be heard , Vice Chairman Ellsworth closed the public hearing . ENVIRONMENTAL ASSESSMENT : Planner Balestra said for the environmental assessment, the Planning Staff looked at drainage patterns and noticed that there are some poor drainage conditions along the northwest side of the property . The applicant has addressed the problem , and they have submitted revised drainage plans . The Zoning Board of Appeals was supplied with copies of the adopted resolutions from the Planning Board meeting . All of these conditions have been met including the cut and fill and the drainage plan . Those have been addressed and approved by the Town Engineer . The New York State Department of Transportation has implemented the reduced speed zone , and the signs have been installed . The Planning Staff has visited the site during the peak hours , and noticed the flow of traffic ran incredibly smooth . The Planning Staff does recommend a negative determination of environmental significance for this project. MOTION made by Ronald Krantz , seconded by Kirk Sigel : RESOLVED , that the board make a negative determination of environmental significance for the property at 117 East King Road , Town of Ithaca Tax Parcel No . 43- 2- 7 , Residence District R - 15 , based on the review by the Town of Ithaca Planning Staff and their report on March 30 , 1998 . Town Assigned Project ID Number Rev . 10 /90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART I - Project Information ( To be completed by Applicant or Project Sponsor ) I . Applicant /Sponsor : 2 . Project Name : Demjanec & Associates , Architects I Montessori Annex Addition 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map ) : 117 Fast King Road , Ithaca Tax Parcel Number : 43 - 2 - 7 4 . Is Proposed Action : NEW © EXPANSION � MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items ) : Addition to existing two classroom facility . Proposed are : i a 2 , 175 sf large classroom addition which will have movable partitions capable of sub - dividing the large classroom into three lesson rooms and a small classroom . The addition is for a projected ) initial group of 20 students ; a fenced in play area ; extension of a R . R . tie curb in the parking lot to provide a total of 5 spac ftRtach separate sheet(s) if necessary to adequately describe the proposed project .) I 6 . Amount of Land Affected : Initially (0- 5 yrs) 0 • 5 Acres (6- 10 yrs) 0 . 5 Acres W 0 yrs ) 0 . 5 Acres I 7 . How is the Land Zoned Presently ? R - 15 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES XX NO If no , describe conflict briefly : Special Permit - Required , Area Variance Required for location of additional parking spaces. 9 . Will proposed action lead to a request for new : Public Road ? YES NO a Public Water ? YES NO © Public Sewer ? YES 0 NO a 10 . What is the present land use in the vicinity of the proposed project ? © Residential © Commercial FIndustrial 7 Agriculture D Pack /Forest /Open Space ® Other Pleasedescribe : Montessori School Main Building at 120 East King RoaD 1 1 . Does proposed action involve a permit , approval , or funding , now or ultimately from any other governmental agency (Federal , State , Local) ? YES NO © If yes , list agency name and permit / approval /funding : 12 . Does anti aspect of the proposed action have a currently valid permit or approval ? YES NO a If yes , list agency name and permit / approval . Also , state whether that permit /approval will require modification . I 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Peter Dem anec , RA Applicant /Sponsor Name or Type) : I 10 March 1998 Signature : Date : I PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary,) A. Does proposed action exceed any Type I threshold in "o NYCRR , Part 617. 12 or Town Environmental Local Law? YES NO X If yes , coordinate the review process and use the full EAF. S . Will proposed action receive coordinated review as provided fcr unlisted actions in o' NYCRR , Part 617. 6? YES NO X If no , a necative declaration may be superseded by another involved acency , if any. C . Could prccesed actter result in any adverse effects associated with the following : (Answers may be hancNhMen , if legible) C1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production and disccsal , cotential far erosion , drainage or flooding problems ? Explain briefly: See Attached C2- Aesthetic, acriculturai , archaeciccical , historic, or other natural or cultural resources ? Community or neichccncccd charactar? Explain briefly : See Attached C3 . Vecetaticr or fauna, 5s ;. , sheilfistt , or wild ! ifa scecies , sicnificant habitats , unic : e natural areas , wetlands , or threatened or er, dar, cered scec!es ? Explain briefly : See Attached Mans or goofs as or' c; ally adccted , or a chance in use or intensity of use of land or other C4. The Town' s existing natural rescurcas ? '; Plain briefly : See Attached CS . Crcwth , subsequent d2velccment, cr related _ctivities likely to be induced by he prccesad acticn ? Explain briefly : See Attached C 8. Long term , short ten;; , cumulative , or other erects not identified in C1 C.507 Explain briefly: See Attached C7. Other imcacts (including changes in use of either quantity or type of energy) ? Explain briefly: See Attached D . Is there , or is there likely to be , controversy related to potential adverse envircnmentai impacts ? YES NO X If yes , explain brieriy : E. Comments of staff, X G other attached.. ( Check as applicable . ) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: Fcr Each adverse effect Identified above , determine whether it is substantial , large , important, or otherwise significant. Each affect should be assessed in ccnrectcn •Kith its (a) setting (ie. urban or rural) ; (b) probability of occtcrrtrg; (c) duration ; (d) irreversibility ; (e) geographic scace : and (f) magnitude. It necessary, add attachments cr reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. Check here if you have identified one or more potentially farce or significant adverse impacts which MAY occur. i hen proceed directly to the full EAF and/or prepare a positive declaration. Check here if you have determined , based on the information and analysis above and any supporting documentation , that the proposed acticn, WILL NOT result in any significant adverse environmental impacts AND provide on attac:; ments as necessary he reasons supcorting this determination . zoning Board of Appeals C N n , Q 124 'Y Name of Lead Agency Precarer' s Signature ( If dif arent from Responsible Of tcer` Harry Ellsworth , Vice Chairman ;Name & i itle of nespensible Officer in Lead Agency Signature of Centribu 'ng Preparer Date :cn lure cf es ! sible Officer in Lead Acencei PART II - Environmental Assessment Montessori School, Owner/Appellant Special Approval/Parking Variance 117 East King Road Tax Parcel No. 43-24 Town of Ithaca Zoning Board of Appeals A. Action is Unlisted B. Action will not receive coordinated review C. Could action result in any adverse effects on, to or arising from the following: C1 . Existing air quality, surface or groundwater duality or quantity, noise levels existing traffic patterns solid waste production or disposal potential for erosion drainage or flooding problems? No significant impacts to air quality, surface or groundwater quality or quantity, noise levels, or potential for erosion, are anticipated The proposed action consists of requesting Special Approval and Parking Variance to build a 2, 175+/- square foot addition to the Montessori School Annex, resulting in additional classroom space and parking. The school is located at 117 East King Road Town of Ithaca Tax Parcel No. 43-2-7, Residence District R- 15 . Montessori School, Owner/Appellant; Peter Demjanec, Agent, The Montessori School has experienced a considerable amount of growth in the last few years. To accommodate this growth, the school has converted a single family home into the Montessori School Annex, located across the street from the Montessori School. The school now wishes to add classroom space onto the Annex building, to further accommodate the additional influx of students. Upon a site visit, staff noticed poor drainage conditions on the western portion of the property. Since the back yard area of the Annex slopes downward to the West, storm water naturally drains toward that direction. There is an existing swale located along a hedgerow on the North west side of the property; but the South west portion of the hedgerow is relatively flat and wet. An increase in impervious surface, due to construction of a building addition and play area, may lead to drainage or runoff problems, especially for the neighboring home to the West. However, the applicant has addressed this problem; and has received approval by the Town Engineer for the proposed drainage diversion plan. There were concerns raised regarding the speed of vehicular traffic along East King Road; as well as concerns for safety of the children that cross the road during the school day. The NYS DOT was contacted to conducted a field review to determine if a school speed zone should be established for the area. To date, the DOT has implemented a reduced speed zone for the school; and warning signs have been put up (please see enclosed pictures). Planning staff visited the Annex and observed the flow of traffic during peak morning hours to assess the capacity of the existing Annex parking lot and "drop off' area. Traffic appeared to flow very smoothly between the Annex and Main School buildings. When two buses arrived at the same time, one went first to the Montessori School to drop off children; and then went to the Annex to drop off additional children (no children were seen crossing the road). Montessori School, Owner/Applicant Special Approval and Parking Variance 117 East King Road Tax Parcel No. 43=2=7 Town of Ithaca Zoning Board of Appeals The other bus did the opposite. The result was a very smooth flowing traffic pattern, with the Annex curved driveway remaining continuously clear, The same held true for the car traffic going into and out of the schools, There was very little traffic on East King Road, other than the traffic going to the schools. Thus, the proposed additional classroom space onto the Annex building is not expected to create any additional vehicular traffic hazards concerning patterns, emergency access, or ease of flow. C2. Aesthetic amicultural archeological historic or other natural or cultural resources, or community or neighborhood character? No significant adverse impacts to agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character are anticipated The building addition will be located to the rear of the existing Annex building; and will not be highly visible from East King Road. C31 Vegetation or fauna fish shellfish or wildlife sMies significant habitats or threatened or endangered species? None anticipated C40 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? The proposed addition to the Montessori Annex will increase the intensity of the use of land on this property. As long as the proper drainage controls are implemented, the project is not expected to adversely impact the surrounding neighborhood Further, it is in character with the institutional goals of the Comprehensive Plan, with appropriate educational uses blending in with established residential areas. The proposed action includes an additional parking space, located within the 25 foot front yard setback, on the North East portion of the property. This proposal will require two parking variances, the first being the front yard setback variance. The second variance relates to the number of parking spaces required per proposed classroom. The Annex building currently houses one classroom and one lesson room. The Zoning Ordinance requires a minimum of two off-street parking spaces per classroom, Thus, the parking lot currently has four parking spaces, as required by the Zoning Ordinance. Since the addition will include four classrooms (a classroom and three lesson rooms), a total of eight additional parking spaces will be required The applicant is only proposing one parking space, and will need a variance from the remaining parking space requirements. Due to the availability of parking at the Main building, and considering the ease of traffic flow patterns into and out of the Annex building, staff does not anticipate negative impacts associated with the granting of these parking variances. C51 Growth subsequent development or related activities likely to be induced by the proposed action? None anticipated The Montessori School has submitted a long range development plan to the Planning Board including athletic fields and additional classroom space for the Main building. These plans will only be implemented as finances permit and as student growth continues. Montessori School, Owner/Applicant Special Approval and Parking Variance 117 East King Road Tax Parcel No. 43-24 Town of Ithaca Zoning Board of Appeals The concept of Montessori education has broadened from elementary level teaching to secondary level teaching. The Zoning Board may wish to consider the overall impacts of any future possibility of Montessori expansion into the high school realm; and whether this site can handle any more additions if Montessori education continues to expand C6. Long term short term cumulative or other effects not identified in C1 -05? None anticipated CT Other impacts (including changes in use of either quantity or type of energy)? None anticipated. D. Is there or is there likely to be controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated PART III - Staff Recommendation, Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed Lead Agency: Town of Ithaca Zoning Board of Appeals Reviewer: Christine Balestra, Planner Review Date: March 30, 1998 TOWN OF ITHACA FEE : $ 80 . 00 r 9� 126 East Seneca Street RECEIVED : r Ithaca , New York 14850 d CASH 0 � ( 607 ) 273 - 1783 L� 4 CHECK t 'rVPJ OF ! [P,' h A P P E A L r�Aidi„�vltiU_ 71)! ING, FN 1NEEl1Z11 w j ZONING : to the Building Inspector / Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to : construct site improvements at 117 East King. Road Town of Ithaca Tax Parcel No . 43 - 2 - 7 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 ) XI I I Section ( s ) 69 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 . ) Parking space 5 ( proposed new - 1 - 4 are existing previously approved ) is approximately 8 . 5 feet into the 25 foot front yard and approximately 9 feet into the 15 side yard at its northeast corner . Refer to attached site plan Al . Practical difficulty exists because the parking space abuts the existing structure to the south and abut existing parking spaces to the west , neither of which can be moved . By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my pro ty to inspect in connection with my application . Signature of Owner / Appellant : Date : 10 March 1998 Signature of Appellant/ Agent : Date : 10 March 1998 Print Name Here : Peter Demjanec , RA Home Telephone Number : 387 - 6290 Work Telephone Number : 277 - 6302 Noig : If .construction of work in accordance with any variances given does not coiaence within 18 nonths , the variance will expire , TOWN OF ITHACA FEE : $ 100000 ^a 'LaLrY, f � 126 East Seneca Street RECEIVED : � Ithaca , New York 14850 CASH ( 607 ) 273- 1783 CHECK S P E C I A L A P P R O V A L ZONING : A P P E A L For Office Use Only to the Building Inspector / Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca , New York Having been informed that authorization is required to : a_ ddition to the Montessori School Annex at 117 East King Road Town of Ithaca Tax Parcel No . 43 - 2 - 7 as shown on the accompanying application and / or plans or other supporting documents . The Special Approval authorization is requested pursuant to : Article ( s ) IV Section ( s ) 11 of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this request for Special Approval authorization . ( Additional sheets may be attached as necessary . ) 2 , 175 square foot addition to existing Montessori school Annex per attached Site Plan Al , Floor Plan A2 , and Elevations A3 By filing this application , I grant permission for members of the Tom of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application . Signature of Owner /Appellant : Date : 10 V M Y4 / U' Signature of Appellant / Agents 9� Print Name Here : Peter Demjanec , RA Home Telephone Number : 387 - 6290 Work Telephone Number : 277 - 6302 NOTE : If construction of work in accordance with any approvals given does not commence within 18 months , the approval will expire , Mar - 20 - 98 10 : 49A demjanec & assoc , archs 607 277 6302 P _ 01 DEMJANEC & ASSOCIATESs ARCHITECTS 120 Brindley St , Ithaca , New York 14850 teL 607-277-6302 / fax 607-277-7020 FAX TRANSMITTAL Date: March 20 , 1998 To : TeL : Fax : Mr . Andrew Frost , CEO 273 - 1783 273 - 1704 pages sent ( including this cover sheet ) : 1 Please contact us if transmission is not as noted , or if there are any questions . LIST OF TRANSMISSION : 0 THIS COVER SHEET REMARKS DEAR MR FROST : PLEASE AMEND OUR APPLICATION TO THE BOARD OF ZONING APPEALS TO ADD AN AREA VARIANCE REQUEST FROM SECTION 69 , WHICH REQUIRES 2 PARKING SPACES PER CLASSROOM . THE TOTAL NUMBER OF PARKING SPACES TO BE PROVIDED ON SITE IS FIVE , THE TOTAL NUMBER REQUIRED IS ( I BELIEVE ) 10 . THE EXISTING BUILDING CONTAINS ONE CLASSROOM PLUS ONE LESSON ROOM , AND THE ADDITION WILL CONTAIN A SECOND CLASSROOM PLUS THREE MORE LESSON ROOMS . THE AREA VARIANCE IS REQUESTED BECAUSE . 10 PRACTICAL DIFFICULTY EXISTS BECAUSE THERE IS NOT ROOM ON THE SITE FOR MORE THAN THE PROPOSED FIVE SPACES . ' 2 . THE SCHOOL WILL CONTAIN TWO CLASSES , AND THOSE TWO GROUPS WILL , ON OCCASION , DIVIDE INTO SMALLER GROUPS AND MOVE INTO THE LESSON ROOMS FOR SPECIALIZED INSTRUCTION . BECAUSE OF THIS MODE OF OPERATION , THE EFFECTIVE NUMBER OF CLASSES , AND CLASSROOMS , IS TWO . 3 . THE MAIN BUILDING ACROSS THE STREET HAS 26 PARKING SPACES IN THE PARKING LOTS , AND ONLY 10 SPACES ARE REQUIRED FOR THE FOUR CLASSROOMS PLUS THE MULTI -PURPOSE ROOM . THE ADDITIONAL SPACES MORE THAN COMPENSATE FOR THE DEFICIT AT THE ANNEX . 4 . WITH THE EXCEPTION OF ONE TEACHER , THE TEACHERS WHO TEACH AT THE ANNEX ALSO TEACH AT THE MAIN SCHOOL . THEY ARE BASED AT AND THEY PARK AT THE MAIN SCHOOL , AND WALK ACROSS THE STREET TO THE ANNEX . PLEASE CONTACT ME IF YOU HAVE ANY QUESTIONS . SINCERELY , PETER DEMJANEC CC : ANDREA COBY fax- dec . 95 PLOT PLAN INFORMATION TO BE SHOWN . 1 . - Dimensions of lot . 4 . Dimensions and location of proposed structure ( s ) or 2 . Distance of structures from : or additions ) . a . Road , 59 Names of neighbors who bound lot . b . Both side lot lines , 6 . Setback of neighbors . c . Rear of lot . 7 . Street name and number . 3 . North arrow . 8 . Show existing structures in contrasting lines . NOT USED-:' ' SEE ATTACHED DRAWINGS Ali A21 A3 . Signature of Owner/Appellant : Date : Signature of Appellant / Agent : Date : SCHOOL SPE ED ZONE AHEAD y SCHOOL SPEED LIMIT 30 ` 700AM-600M, SCHOOL DAYS ;fir .py : lie � 7 a ti ,s ADOPTED RESOLUTION : Montessori School Annex Addition 117 E . King Road Preliminary Site Plan Approval and Recommendation Regarding Special Approval to the Zoning Board of Appeals Planning Board, March 17, 1998 MOTION by Robert Kenerson, seconded by Lawrence Thayer : WHEREAS : 1 . This action is Consideration of Preliminary Site Plan Approval and a Recommendation regarding Special Approval to the Zoning Board of Appeals for the proposed addition to the Montessori School Annex building , consisting of approximately 2 , 175 +/- square feet of additional classroom space . The building is located at 117 East King Road, Town of Ithaca Tax Parcel No . 43 -2 - 7 , Residence District R- 15 . Montessori School , Owner/Applicant ; Peter Demjanec , Agent, and 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has , on March 17 , 1998 , made a negative determination of environmental significance with regard to Site Plan Approval , and 3 . The Planning Board, at a Public Hearing on March 17 , 1998 , has reviewed and accepted as adequate a Short Environmental Assessment Form Part I prepared by the applicant, a Short Environmental Assessment Form Part II prepared by planning staff, drawings labeled "Montessori School , " Sheet No . Al entitled " Site Development Plan, " dated January 12 , 1998 , and Sheet No . A4 entitled " Site Plan, " dated February 25 , 1998 , all prepared by Demjanec and Associates Architects, and additional application materials. 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 Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2 . That the Planning Board hereby grants Preliminary Site Plan Approval for the proposed 2 , 175 +/- square foot addition to the Montessori School Annex, as shown on the drawings labeled "Montessori School , " Sheet No . AI entitled "Site Development Plan," dated January 12 , 1998 , and Sheet No . A4 entitled `'Site Plan, " dated February 25 , 1998 , all prepared by Demjanec and Associates Architects, and additional application materials, subject to the following conditions : 4 ADOPTED RESOLUTION : Montessori School Annex Addition 117 E . King Road Preliminary site Plan Approval and recommendation Regarding Special Approval to the Zoning Board of Appeals Planning board, March 17, 1998 a. the submission of a landscaping plan and planting schedule including the location and design of appropriate plantings or shrubs along the eastern side of the proposed additional parking space, prior to Final Site Plan Approval ; b _ the revision of the site plan ( Sheet A4) to include clearer topographic lines, volumes of cut and fill materials and their composition, materials used and design details of the proposed playground area, and specific locations and descriptions of any proposed lighting for the addition, prior to Final Site Plan Approval ; C . the submission of a revised drainage plan ( Sheet A4) to include details of surface and subsurface drainage, drainage structures, and diversion of water from current drainage patterns, to ensure that there will be no adverse drainage impacts on adjacent properties , prior to Final Site Plan Approval ; d , the revision of Sheet A4 to include the name and seal of the registered land surveyor(s) or engineer(s) who prepared the topographic and boundary survey and the date of the survey ; e . the acquisition of an easement from Evan Monkemeyer, owner of the adjacent 20 foot right of way to the West, granting permission to encroach on his property, for purposes of re-grading or other necessary construction activities ; f. the revision of all plans to include Tompkins County in the title block, as outlined in the Preliminary Site Plan Checklist ; g . revision of all appropriate plans to include the size, specific location, lighting, and construction materials of all proposed signs for the Annex,. prior to Final Site Plan Approval ; h . the granting of special approval and any required parking variance(s) by the Zoning Board of Appeals, prior to Final Site Plan Approval ; and 2 ADOPTED RESOLUTION : Montessori School Annex Addition 117 E . King Road Preliminary Site Plan Approval and Recommendation Regarding Special Approval to the Zoning Board of Appeals Planning Board , March 17 , 1998 i . the implementation of a reduced school speed zone for the area, prior to Final Site Plan Approval . j . revision of annex floor plan ( Sheet A5 ) to show the southern exterior wall of the Phase 2 building addition, since it will be constructed prior to and separately from the phase 4 addition . k. revision to Sheet A2 indicating that the acquisition of Monkemeyer lot is "anticipated" (substituting for the word "recent") . AND BE IT FURTHER RESOLVED : 1 . That the Planning Board, in making its recommendation to the Zoning Board of Appeals, determines the following : a. there is a need for the proposed use in the proposed location , as demonstrated by the applicant; bo the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed project; C . the specific proposed change in land use as a result of the proposed project is in accordance with a comprehensive plan of development for the Town of Ithaca. 2 . That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be approved . AYES - Wilcox, Kenerson, Thayer, Ainslie . NAYS - None . ABSTAIN - Bell . The MOTION was declared to be carried unanimously . Karen McGuire, Secretary, Town of Ithaca. Mary Brya , Administra ie Secretary . /� t ._ . �. J�� _ 1 may. �4 fY _ Y'Y' �S�` ��- y� +a�� - f� __ ... � •� •. MW F1 NAL 1QWN OF RHAV► TOWN OF ITHACA o.b 51a31 ��? ZONING BOARD OF APPEALS �a WEDNESDAY , APRIL 9 , 1997 The following appeal was heard by the board on April 9 , 1997 : APPEAL of Robert and Leilani Wheeler , Appellants , requesting authorization from the Zoning Board of Appeals under Article XI I , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to build a 936 square foot building addition onto an existing nonconforming building at 210 DuBois Road , Town of Ithaca Tax Parcel No . 22 - 1 -3 , Residence District R- 30 . The existing building has a garage setback of 8 +/- feet on the northwest side ( 15 feet required ) , with said addition proposed to be 29 feet on the southeast side (40 feet required ) . A variance from the requirements of Article V , Section 21 may also be required to permit the 29 foot side yard setback . GRANTED WITH CONDITIONS APPEAL of Norma W . Schwab , Appellant , requesting a variance from the requirements of Article IV , Section 12 and 14 and Article XII1 , Section 65 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a 16 foot wide by 12 foot high plywood wall in the front yard of a single-family residence located at 327 Winthrop Drive , Town of Ithaca Tax Parcel No . 72 - 1 - 1 . 105 , Residence District R- 15 . The wall is to serve as a ball stop for children ' s play . GRANTED WITH CONDITIONS APPEAL of Montessori School , Appellant , Peter Demjanec R . A . , requesting a special approval under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to convert an existing single -family residence into a private school building at 117 East King Road , Town of Ithaca Tax Parcel No . 43 -2 -7 , Residence District R- 15 . A variance from the requirements of Article XIII , Section 69 is also being requested to permit one parking space to encroach into the required front yard by 4 feet . GRANTED F ' AL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , APRIL 9. 1997 7 : 00 P. M1 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 Wednesday, April 9 , 1997 , in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side) , Ithaca, N . Y ., COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Robert and Leilani Wheeler, Appellants, requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to build a 936 square foot building addition onto an existing nonconforming building at 210 DuBois Road, Town of Ithaca Tax Parcel No . 22 - 1 -3 , Residence District R-30 . The existing building has a garage setback of 8 + feet on the northwest side ( 15 feet required), with said addition proposed to be 29 feet on the southeast side (40 feet required) . A variance from the requirements of Article V , Section 21 may also be required to permit the 29 foot side yard setback. APPEAL of Norma W. Schwab, Appellant, requesting a variance from the requirements of Article IV , Section 12 and 14 and Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a 16 foot wide by 12 foot high plywood wall in the front yard of a single- family residence located at 327 Winthrop Drive, Town of Ithaca Tax Parcel No. 72- 1 - 1 . 105 , Residence District R- 15 . The wall is to serve as a ball stop for children ' s play. APPEAL of Montessori School , Appellant, Peter Demjanec R.A ., requesting a special approval under Article IV , Section 1 l of the Town of Ithaca Zoning Ordinance, to convert an existing single-family residence into a private school building at 117 East King Road, Town of Ithaca Tax Parcel No . 43 -2-7 , Residence District R- 15 . A variance from the requirements of Article XIII , Section 69 is also being requested to permit one parking space to encroach into the required front yard by 4 feet. 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 1 , 1997 Publish : April 4 , 1997 TOWN OF ITHACA ZONING BOARD OF APPEALS 15 APRIL 9 , 1997 Ms . Schwab said it would not be feasible in the back yard , so she would need to get rid of it . The side yards do not have room for anything because of the trees around the property edge . MOTION by Harry Ellsworth , seconded by Ronald Krantz : RESOLVED , that the Board grant the appeal of Norma Schwab at 327 Winthrop Drive , Town of Ithaca Tax Parcel No . 72- 1 - 1 . 105 , Residence District R- 15 , that the request from a variance from Article IV , Section 12 and 14 and Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance be granted , upon the following findings and conditions : 1 . To reduce the existing plywood wall to 8 feet high , and 2 . Paint the backboard to match the pine trees behind it , and 3 . That this should be accomplished by April 1998 . 4 . That the Schwabs are raising seven children , which contributes to financial hardship , and 5 . That the Schwabs are trying to keep the children in the yard . They can go to the school to play by themselves , but these days some children end up missing even if the school is only a few blocks away , and 6 . To move the backboard would be a big financial hardship , but to reduce the backboard would be a minor financial hardship . Mr. Niefer asked Ms . Schwab what is the age of the youngest child that plays tennis . Ms . Schwab said her five-year-old plays . A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Krantz , Niefer. NAYS - King . The motion was carried . APPEAL of Montessori School , Appellant, Peter Demjanec R .A . , requesting a special approval under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to convert an existing single -family residence into a private school TOWN OF ITHACA ZONING BOARD OF APPEALS 16 APRIL 9 , 1997 building at 117 East King Road , Town of Ithaca Tax Parcel No . 43 -2 -7 , Residence District R-15 . A variance from the requirements of Article XIII , Section 69 is also being requested to permit one parking space to encroach into the required front yard by 4 feet. Peter Demjanec , 120 Brindley Street , said he is the architect for the Montessori School . They are here to request a special approval to convert a single family home to classrooms to use as a middle Montessori School . There is a minor area variance in the front yard for one parking space as proposed . Chairman Stotz asked why would the school need the additional space and what would it be used for. Andrea Coby said the Montessori School is in the process of adding a seventh and eighth grade program to the existing programs . This house was given in a very generous way to the school , at a time where the school would be starting the program . We are not sure how many children would actually be attending . It would probably be a very small program in the initial year. There is no space in the existing school to do this program . Chairman Stotz asked if the program would be expanded for the Montessori to include seventh and eighth grades . Ms . Coby responded , yes . Chairman Stotz asked what is the projected number of children for this year and beyond . Ms . Coby said this September there would be approximately ten children , and the second year there would be approximately 20 children . Chairman Stotz asked if all the children would be housed in that space . Ms . Coby responded , yes . Chairman Stotz asked if anyone would be living at the school . Ms . Coby responded , no . Chairman Stotz asked if the school would be vacant in the evening . Ms . Coby responded , yes . Mr. Frost asked if there would be a kitchen in the school . TOWN OF ITHACA ZONING BOARD OF APPEALS 17 APRIL 9 , 1997 Ms . Coby said the kitchen would be the same as the other classrooms . The stove would be kept , but a full kitchen would not be needed . Mr. Demjanec said the Board was supplied with a preliminary proposed floor plan of the Montessori School , which shows what the exterior site would be developed as . Mr. Krantz asked if there would only be one parking space . Mr. Demjanec said there would be four parking spaces . Three of the parking spaces comply , and the fourth one slightly encroaches on the 25-foot right-of-way . Mr. Krantz asked if this would be adequate parking . Ms . Coby responded , yes . There would only be one or two staff members there at one time . There would be adequate parking when parents come to pick up their children . Mr . Krantz said the parents would be coming at the same time to pick up their children . Ms . Coby said most of the children arrive at the school by bus . Chairman Stotz asked what would the garage be converted into . Ms . Coby said the garage would be converted into classroom space . Chairman Stotz asked if all the parking would be outdoors . Ms . Coby responded , yes . Mr. Demjanec said the Montessori School is required to have a front yard setback of 25 feet. All the parking spaces are clear of the 25 foot , except for space number one . The amount of the encroachment on that space is approximately four feet in a triangular area . The unique thing about this particular property is that there are two roadways in front of the property . East King Road , which is currently active and carries 25 feet from the center line to the property line right- of-way . The old East King Road is located between the property and the current East King Road . This has an effect to create an extremely deep right-of-way . If old East King Road was not there , the school would not have this variance problem . The school would have 20 to 30 feet of surplus front yard . When the Montessori School went to the County for the permit to do the work in the roadway right- of-way , the County' s responded that they were only interested in the 25 feet from the center of East King Road . They do not care about anything beyond that . The east property boundary is 38 feet from the center of East King Road to the property marker . The County says 25 feet of the 38 feet is their roadway right-of-way , and 14 feet of that is what is left of the old East King Road . TOWN OF ITHACA ZONING BOARD OF APPEALS 18 APRIL 9 , 1997 Chairman Stotz asked how much would the one parking space encroach upon . Mr. Demjanec said approximately four feet . Chairman Stotz asked if the structure would be up to code to use as a school . Mr . Frost said the Building and Zoning Department has not entertained any building permit applications yet . There have been discussions about the code requirements . The State would have their special requirements for the school . Mr. Demjanec said the entire upper level would comply totally with the code . The school would probably be asking New York State to consider a variance to allow some of the sloppy constructional functions , such as art classes , to happen in the lower level . The school is beginning that process at this point . Chairman Stotz asked what would the exterior be refinished in . Ms . Coby said the house would be refinished the same as the existing school across the street. Mr. Ellsworth asked how many classrooms would the house be converted into . Mr. Demjanec said the house would be converted into two classrooms . Chairman Stotz asked if Mr. Monkemeyer had any reaction to this plan . Ms . Coby said she discussed the plan with Mr. Monkemeyer and he is in support of this . Mr. Niefer asked if any neighbors had any comments to this building proposal . Ms . Coby responded , no . Mr. King asked if the Planning Board reviewed this plan . Ms . Cornish said the Planning Board passed a preliminary site plan approval . Chairman Stotz said the amount of traffic is considered low in this area , and asked if there would be a marked path across the road . Ms . Cornish said there was considerable discussion about the safety of the children , the number of trips across the road , and the speed limit for the road . The Planning Board discussed additional signage on the road to alert drivers that this is a school zone . TOWN OF ITHACA ZONING BOARD OF APPEALS 19 APRIL 9 , 1997 Mr. Demjanec said the school met with the County Highway Department , and received a building permit for the work in the road right-of-way . The County Highway Department is committed to marking the cross walk and providing signage , for both directions , to indicate that this is a school crossing zone . Chairman Stotz opened the Public Hearing . With no one present to speak , Chairman Stotz closed the Public Hearing . ENVIRONMENTAL ASSESSMENT MOTION by Edward King , seconded by Harry Ellsworth : RESOLVED , that this Board make a negative determination of environmental significance for the Montessori School property at 117 East King Road , Town of Ithaca Tax Parcel No . 43-2-7 , Residence District R- 15 , based on the review and report by the Town Planning Staff. A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Krantz , Niefer. NAYS - None . The motion was carried unanimously . MOTION by Ronald Krantz , seconded by James Niefer: RESOLVED , that the Board grant the special approval of the Montessori School at 117 East King Road , Town of Ithaca Tax Parcel No . 43-2-7 , Residence District R- 15 , under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to convert an existing single-family residence into a private school building with the State code requirements , and also a variance from the requirements of Article XIII , Section 69 , to approve the request of one parking space that would encroach the front yard setback of 4 feet . A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Krantz , Niefer . NAYS - None . The motion was carried unanimously . TOWN OF ITHACA ZONING BOARD OF APPEALS 20 APRIL 9 , 1997 Chairman Stotz adjourned the meeting at 8 : 33 p . m . Deborah Kelley Keyboard Special ist/Minut s Recorder LG Davi Stotz C i man TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Dani L . Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department Secretary, Tompkins County, New York: that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal . Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall 126 East Seneca Street, Ithaca New York on Wednesday April 9 1997 commencing at 7 : 00 P.M ., as per attached . Location of sign board used for posting: Bulletin board , front entrance of Town Hall. Date of posting: April 1 , 1997 Date of publication : April 4 , 1997 am L. Holford, Building and Zoning epartment Secretary, Town of Ithaca STATE OF NEW YORK } SS . : COUNTY OF TOMPKINS } Sworn to and subscribed before me this 4th day of April, 1997 . --14 t� u cy � , /9 12 STAVE Oti P E'a`d Y0�'F• 4ta46 427 i Y \� ZONING BOARD OF APPEALS April 9 , 1997 Attendance Sheet PLEASE PRINT YOUR NAME Address or Affiliate _ LA i nC i I i fi L /LJ i� � � 1 LL i i f i i I i i i �__ iif; _________ III !I d J J U f+ r V � j V �' vAL q 17 Q 2 =2, Town Assigned Projaat 10 Number Town of Ithaca Environmentai Review SHORT ENVIRONMENTAL ASSESSMeff FORM i For UNLISTED ACTIONS Located in the Town of Ithaca, . Tompkins County, NY ONLY PART I - PROJECT INFORMATION o be completed by Applicant or Pro act Saonsor) t. Applicant/Sponsor, Z. Project Name: DEMJANEC & ASSOCIATES , ARCHITECTS MONTESSORI ' ANNEX Z. Precise location (street address, road Intanecdone, prominent landmarics, etc. or provide Wrap): 117 EAST KING ROAD , ITHACA Tax Parcel Number: 4 3 — 2 — 7 4. Is proposed action: NEW? EXPANSION? MODIRCATIOWALTERATION? X i 5. Describe project briefly: (Include project purpose, present land use, current and tutors construction plans, and other relevant Items); CONVERSION OF AN EXISTING SINGLE FAMILY HOME TO A TWO CLASSROOM FACILITY FOR 10 � TO 20 STUDENTS . PROPOSED ARE AN ACCESS DRIVE AND PARKING - FOR FOUR VEHICLES ; REMOVAL OF A SHED - AND ENTRY PORCH ; AND RECONFIGURATION OF THE EXISTING SPACE , BETWEEN THE HOUSE AND GARAGE TO SERVE AS A NEW ENTRY . (Attach saoarate SM90031 It nacesawy to adecuately describe. the prcaosed aro ect.) B. Amount of land affected** Initially (ti*$ yrs) Q..L.5 Acres (B•to yrs)Qr„5„ Acres {s 1tl yre} Q� Acres 7* low la land zoned presently? R - 15 L W111-proposed action comply with existing Zoning or other saisdng land use restrictions? YES No M no, describe taantllct brfefly: SPECIAL PERMIT REQUIRED L Will proposed action lead to a request for new: PuWla Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What Is the present land use in the vicinity of the proposed project? Residandal �, Camnsoreiai X Industrial Agriculture PWWRorest/Open Space Otter X Please Describe: MONTESSORI SCHOOL MAIN BUILDING AT 120 EAST KING ROAD 11. Does proposed action involve a permit, approval , or funding, now or ultimately from any other governmental agency (Federal, State, Locaq? YES NO X N yes, list agency name and permit/approval/funding : 1Z Does any aspect of the proposed action have a currently valid permit or approval? YES No 'Y , It yes, list agency name and per it/approvel. Also, state whether It will require modlfieadom I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcant/Spansor No e t or Type) : PETER DEMJANEC , RA Signature: Date: 10 FEB 97 Rev. W92 PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary.) A. Does proposed action exceed any-- Type I threshold in o NYCRR , Part 617. 12 or - Town Environmental Local Law? YES NO X If yes , coordinate the review process and use the full EAF. S. 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 :, e superseded by another involved agency , if anv. 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 8ocding problems ? Explain briefly: See attached . I I . C2. Aesthetic, agricultural , archaeological, historic, or other natural or cultural resources ? Community or neighborhood character? Explain briefly : See attached . C3. Vegetation or fauna, :lsh , shellfish , or wild ! ifa species , significant habitats , unicue natural areas , wedands , or threatened or endangered species ? Explain 'briefly : See attached . C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other . natural resources ? Explain briefly : See attached . CS. Growth , subsequent d4evelepment, or related activities likely to be induced by the prcccsed action ? Explain briefly:. See attached . C ^ of Long term, short term , cumulative , or other effacts not identified in C1 - CS ? Explain briefly: See attached . C7.--Other impacts (including changes in use of either quantity or type of energy) ? Explain briefly: See attached . 0 . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES NO If yes explain briefly: E. Comments of staff CB other attached. . ( Check as applicable . ) PART III • DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse stfect ldendfied above , determine whether it is substantial, large, important, or otherwise signiflcant. Eaa't effect should be assessed in connectors with its (a) setting (le, 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. _ . Check here if you have identified one or more potentially large or significant adverse impacts which MAY / occur. Then proceed directly to the full =AF and/or prepare a positive declaration. Check here if you have determined , based on the information and analysis above and any supporting. documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide an attach nents as necessary the reasons su, porting this determination. Town of Ithaca Planning Board . 77 Name of Lead Agency Preparer's Signature ( If different from Resp tole Officer, Fred T . Wilcox , III , Chairperson Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer Date : Signature of Responsible Officer in Lead Agency �- � C�A PART If - ENVIRONMENTAL ASSESSMENT CTo be completed by the Town ; Use attachments as necessary.) A. Does proposed action exceed any Type I thresheid in 6 NYCRR , Part 617. 12 or Town Environmental Local Law? YES IVO 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 necative dec: araticn may be superseded by another involved agency . if anv. C . Could orcocsed action result in any adversa effects associated with the following : (Answers may be hancHritten, if legible ) C1 . Existing air quality , surface or groundwater quality, noise levels , existing traffic patterns , solid waste production and discosal , potential for erosion , crainage or ticocing problems ? Explain briefly: See Attached C2. Aesthetic, agricultural , archaeological , historic, or other natural or cultural resources ? Community or neighbcri-,ccd charac:ar? Explain briefly : See Attached C3 . Vegetation or fauna, rlsh , shellfish , or .vildlifa species , signricant habitats , unic : e natural areas , wetlands , or threatened cr endar, cered scecies ? Explain briefly : See Attached C4. i rte 7 ewn' s existing clans or goals as cr; c: aily adopted , or a change in use or intensity of use of land or ether natural resources ? Explain briefly : See Attached C � . Crcwth , subsequent development. or relatac ac:ivities likely to be induced by &he proposed ac;icn ? Explain briefly : See Attached Co" Long term , short ter.;, , of , mulative , Cr other a ac:s not identified in Cl Explain briefly: See Attached C7. Other impacts (including changes in use ^. f _it . er quantity or type of energy) ? Explain briefly : See Attached 0 . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES NO X If yes , explain briery: E. Comments of staff X C3 other aitached.. ( Check as acclicable . ) PART III - DETE.RMINATiON OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For eaci adverse affect Idenrifled above , dete „ ire whether it is substantial , large , important, or otherNisa significant. Each effect should be assessed in ccnrec".en with its (a) setting (le. urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irraversibility ; (a) geographic scope ; and (i) magnitude, if necessary, add attachments or reference supposing materials. Ensure that explanations contain sufficient detail :o show that all relevant adverse impacts have been identified and adequately addressed. Check here if you have identified one or more cctentially large or significant scant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. Check here if you have determined , based on the information and analysis above and any supporting documentation , that the cr000sed action WiLL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary he reasonjsu� om ing this determination. Zoning Board of Appeals Name of Lead Agency Preparers Signature ( If different from ges,ccnsible Officer,' avid Stotz Name & ii I of socnsible Officer in Lead Agency Signature of Contributing Preparer Data : Vlq /f7 �Sichature f ' Res on 'ble Officer in Lead Acer. cv i PART II - Environmental Assessment - Preliminary Site Plan Approval and Recommendation to ZBA Montessori School Annex 117 East King Road April 9, 1997 Town of Ithaca Zoning Board of Appeals A. Action is Unlisted B . Action will not receive coordinated review C. Could action result in any adverse effects on to or arising from the following: Cl . Existing air quality, surface or groundwater quality or quantity, noise levels existing traffic patterns, solid waste production or disposal potential for erosion drainage or flooding problems? The proposed action is to convert a 1920- square-foot single-family home into a 2080-square- foot school annex, with a new access drive and bus unloading area, parking for four vehicles , and an attendant walkway. The school annex will serve 10-20 students between the ages of 6 and 14 years, and will be serviced by two full- size and three small school buses . The proposed annex site is across East King Road from the main Montessori School building, and students are anticipated to cross East King Road to the main school building and back approximately twice weekly. As the site is already developed, no significant impacts to air quality, water quality, noise levels, solid waste, flooding, or erosion are anticipated. The new access drive and four- space parking area will not significantly impact drainage patterns in this area due to their small size, and because an existing drainage ditch will be channeled beneath the new drive. The proposed action will have a minor effect on traffic patterns on East King Road, a County road, by adding a new circular drive to be serviced by school buses , and adding the twice- weekly crossing of school children. The applicant plans to request that Tompkins County designate a crosswalk between the proposed annex and the main building. The annex is located approximately 1000 feet east of the intersection with Danby Road within a 45 mph zone, and visibility is unobstructed for approximately 1000 feet in both directions along East King Road from the annex driveway. Traffic flow on East King Road was classified as " low " by a 1991 study prepared by Parrone Associates; the Town Comprehensive Plan documents the 1988 traffic count for this road just west of the proposed site to be 1452 average daily vehicle trips. While traffic patterns will be affected, the magnitude of the impact is anticipated to be small, because the number of buses and children using the new annex will be small and because traffic flow on East King Road is currently low. C2. Aesthetic, agricultural archeological historic or other natural or cultural resources, or community or neighborhood character? No impacts to agricultural, archeological, historic or other natural or cultural resources are anticipated. The proposed site is within an R- 15 Residence Zone, which is compatible with school use. As the annex is to be created from conversion of a single-family home, it is unlikely to significantly change aesthetic resources, or community or neighborhood character. Montessori School Annex Preliminary Site Plan Approval and Recommendation to ZBA March 18, 1997 Page 2 C36 Vegetation or fauna, fish , shellfish or wildlife species significant habitats or threatened or endangered species? No impacts of vegetation or wildlife are anticipated, because the site is already developed. 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? While the conversion of the existing building involves a change from residential to educational use, the change appears to be consistent with the intent of the Town ' s Comprehensive Plan , C5 . Growth , subsequent development, or related activities likely to be induced by the proposed action ? No additional growth , development, or related activities are likely to be induced by this action . C66 Long term, short term , cumulative, or other effects not identified in C1 - 05 ? No additional or cumulative impacts are anticipated. C7 . Other impacts (including changes in use of either quantity or type of energy)? No additional impacts are anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts ? No controversy related to potential adverse environmental impacts is anticipated. PART III - Staff Recommendation Determination of Significance Based on review of the materials submitted for the proposed action , the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer: Geraldine Tierney, Planner Review Date: March 6, 1997 i TOWN OF ITHAGA FEE , $ 100 . 00 t 126 East Seneca Street RECEIVED : Q Ithaca , New York 14850 CASH - ( 607 ) 273- 1783 _ S P E C Y A L A P p R 0 V A L CHECK A P P E A I ZONING : to the For Office Use Only Building inspector/ Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca , New York Having been informed that authorization is required to : Convert a single family home into a classroom annex for the Montessori School at 117 East King Road , Town of Ithacan Tax Parcel No . as as shown on the accompanying application and / or plans or other supporting documents . The Special Approval authorization is requested pursuant to , Article ( s ) ._ IV , Section ( s ) 11 of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this request for special Approval authorization . ( Additional sheets may be attached as necessary . ) Convert a single family home into a classroom annex per the attached Site Plan Al , Photographs A2 , and Preliminary Plan A3 By filing this application , I grant permission for members of the Town of Ithaca zoning Board Of Appeals or staff to enter my p operty to inspect in connection with my application . Signature of Owner/Appellant : Date : (� k4 Signature of Appellant /Agent : � Ja Q� Date : / Print Name Heret Peter Demjanec ; RA Home Telephone Number : 387 - 6290 Work Telephone Number : 277 - 6302 NOTE : If construction of work in accordance with any approvals given does not commence within 18 months , the approval will Spire TOWN OF ITHACA FEE : $80 . 00 126 East Seneca Street . RECEIVED : Ithaca , New York 14850 CASH ( 607 ) 273- 1783 CHECK - ( LA k �;b 4 } A P P E A L ZONING : to the Building Inspector/ Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to : construct site improvements at 117 East King Road , Town of Ithaca Tax Parcel No . 43 - 2 - 7 , NOW 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 ) ; XI .I I Section ( s ) 69 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 followat ( Additional sheets may be attached as necessary . ) Parking space 1 is a22roximatelX 4 feet into the 25 foot front yard at its northeast corner . Refer to the attached site plan . Practical difficulty exists because the parking spaces - abut the existing structure , and cannot be moved southward . By filing this application , X 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 lant Date : 20 Mom Signature of Appellant MEN 1 Date : 7/0 LAI &N 7L Print Name Here : Peter Demj anec , RA Home Telephone Number : 387 - 629Q Work Telephone Number : , 7 - ti ,i n 2 ROM If construction of work in aceordaace with any iatiances Iiten does not co » ence within 18 ■ oaths , the variance will eioire . q. ,,, FINAL - , ; w ; MM W7 Tompkins County DEPARTMENT OF PLANNING TOWN OF ITHaCA PLANNING, ZONING ENGINEERING 121 East Court. Street Ithaca, New York 14850 James W. Hanson, Jr. Telephone (607) 274-5560 Commissioner of Planning FAX (607) 274-5578 March 7, 1997 Mr. George R. Frantz, AICP Assistant Town Planner Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Re : Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Preliminary Site Plan Approval , Montessori School Annex, 117 East King Road, Tax Parcel Number 43 -2 - 7 Dear Mr. Frantz : 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 Planning Department suggests that you contact the County Highway Department regarding appropriate signage for the student crossing area. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests . Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Please inform us of your decision so that we can make it a part of the record. Sincerely, X444t� • /S4L J/ames Hanson , Jr. Commissioner of Planning cc : Ward Hungerford, Tompkins County Highway Department 4M toRec.vcled paper