HomeMy WebLinkAboutZBA Height 1/23/2012 TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday, January 23, 2012
215 North Tioga Street, Ithaca
7:00 P.M.
Appeal of Gennady and Julia Samorodnitsky, owners, requesting a variance from the requirements of
Chapter 270, Section 270-71 C "Yard Regulations" of the Town of Ithaca Code to be allowed to construct
an extension of a deck within the side yard setback, located at 126 Lexington Dr, Tax Parcel No. 72.-1 -
19, Medium Density Residential. Said property is split by the Town of Ithaca and Village of Cayuga
Heights municipal boundary.
Appeal of Hillside Alliance Church , owner, Ben DeGeorge, agent, requesting modification of ZBA
Resolution No. 2011 -002, which permitted the construction of a shed without the Town required sprinkler
system , to be permitted to relocate the shed (to be used for a clothing drop off) located at 1422 Slaterville
Rd, Tax Parcel No. 58.-2-39.3, Medium Density Residential.
Appeal of the Town of Ithaca, Creig Hebdon, agent, requesting a variance from the requirements of
Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct
a 48' x 39' glass line water tank that exceeds the height limitation, located at 118 Flora Brown Dr on the
Ithaca College Campus (known as the Danby Rd Water Tank site), Tax Parcel No. 41 .-1 -30.2, Medium
Density Residential. Said tank is a replacement of the existing 50' x 35' glass lined water tank.
Appeal of the Town of Ithaca, Creig Hebdon, agent, requesting a variance from the requirements of
Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct
a 48' x 39' glass line water tank that exceeds the height limitation, located at 350 Coddington Rd on the
Ithaca College Campus (known as the Northview Rd Water Tank site), Tax Parcel No. 41 .1 -30.2,
Medium Density Residential. Said tank is a replacement of the existing 34' x 30' steel water tank.
Appeal of the Town of Ithaca, Creig Hebdon, agent, requesting a variance from the requirements of
Chapter 270, Section 223A(1 ) "Fences and Walls; Retaining Walls" of the Town of Ithaca Code to be
permitted to construct an 8 foot high fence around the site of the existing steel water tank, located at 151
Felis Dr on the Cornell University Campus (known as the Hungerford Hill Water Tank site), Tax Parcel
No. 61 .-1 -7.2, Low Density Residential. New security regulations for water tank sites require an 8 foot
fence to be constructed around the water tank.
Appeal of Cornell University, owner, Gregar Brous, applicant, requesting variances from the requirements
of Chapter 270, Section 117A(3) "Yard Regulations" of the Town of Ithaca Code to be permitted to place
a structure within the required side yard setback and the requirements of Chapter 270, Section 270-135F
"Principal Uses Authorized by Special Permit Only' of the Town of Ithaca Code to be permitted to operate
a bar or tavern less than 150 feet from a residential zone, located at 381 Pine Tree Rd, Tax Parcel No.
62.-2-1 . 123, Community Commercial.
Assistance will be provided for individuals with special needs, upon request. Requests should be made
not less than 48 hours prior to the public hearings.
Bruce W. Bates
Director of Code Enforcement
607-273-1783
Dated: January 11 , 2012
Published: January 13, 2012
i
Zoning Board of Appeals
Minutes of January 23, 2012
ZB RESOLUT.ION2011 002• Modification ofSyrink/er Variance,
Alliance Church 1412 S/atervi//e Rd Tax Parcel No. 58.
Motion made by Kirk Sigel, seconded by Bill King.
Resolved, that this board grants the appeal of Hillside Alliance Church, requesting
modification ofZB Resolution No. 2011-002, which permitted the construction of a shed
without a Town required sprinkler system, to be permitted to relocate the shed located
at 1422 Slatervllle Rd, Tax Parcel No. 58. -2-39.3, Medium Density Residential with the
following:
Condition:
14 That the shed be located substantially where shown on the applicant's plans
submitted to the board.
Findings:
16 That the requirement of a sprinkler system in this situation would create a practical
di>rIculty or unnecessary hardship for the applicant because a sprinkler system
would be an unnecessary expense because there are no utilities going to the shed;
2. The omission of a sprinkler system from the shed would not significantly jeopardize
human life because the shed is used merely for the storage of clothing and will not
be occupied at any time.
A vote on the motion resulted as follows:
AYES.• Sig% Mountin and King.
NA YS: None.
Motion was carried unanimous/y.
Appeal of the Town of Ithaca, Creig Hebdon, agent, requesting a variance
from the requirements of Chapter 270, Section 270-70 "Height Limitations"
of the Town of Ithaca Code to be permitted to construct a 48' x 39' glass line
water tank that exceeds the height limitation, located at 118 Flora Brown Dr
on the Ithaca College Campus (known as the Danby Rd Water Tank site), Tax
Parcel No. 41.- 1-30.2, Medium Density Residential. Said tank is a
replacement of the existing 50' x 35' glass lined water tank.
Mr. Hebdon appeared before the board on behalf of the Town. He explained that the
town is continuously upgrading its water system. The Town looked into repairing the
two tanks built on south hill, which were built in 1952 and 1953, and decided to replace
the tanks because the repair cost was almost as much as the replacement cost.
Page 4 of 18
i
Zoning Board of Appeals
Minutes of January 23, 2012
The current tanks are steel tanks and the plan is to replace the tanks in their current
locations with new aquastore tanks. The standard size for aquastore tanks is 48' x 39'.
Mr. Hebdon explained that the Danby Road tank already exceeds the Town's height
limitation of 30 feet; the current tank is 35 feet. The height of the Danby tank is being
increased to 39 feet. The Northview Road tank is currently 30 feet so the height of the
new tank is an increase of 9 feet.
Mr. Hebdon went on to explain that the two tanks act as sister tanks. A valve had to be
installed at the bottom to keep the Northview tank from being overflowed . The tanks
are at the same elevation and having the tanks the same size will prevent the
Northview tank from being overflowed and the valve will no longer be needed. . _ _
Chairperson Sigel asked if the Danby and Northview tanks already have the required
fencing. Mr. Hebdon explained that the Northview tank has the required fencing and
the Town has a waiver for fencing around the Danby tank because it is on the Ithaca
College campus. Ithaca College's security patrols the tank site continuously and there
are cameras on the site.
Chairperson Sigel asked if fencing is required for the Hungerford tank. Mr. Hebdon
explained that fencing is required for that tank. He read the board the federal EPA
security guidelines for fencing . He noted that the fenced needed to be 7 to 9 feet high
and the Town chose 8 foot high fencing. The regulations also require outriggers affixed
to the top of the fence angled away from the facility so as not to allow someone to lay
a ladder on the fence. The Town is also required to put of No Trespassing signs and
make sure there are no tree limbs near the fence that someone could use to climb over
the fence.
Mr. Mountin asked if Mr. Hebdon knew the estimated recycling value of the steel tank.
Mr. Hebdon hoped that the cost of removing the steel tanks will equal the recycling
value. He noted that there will not be any water system changes. The pipes flowing
into the tanks will be reused.
Mr. Mountin asked about the condition of the Town's existing pumps. Mr. Hebdon
responded that most of the pump stations are in fairly good shape. He noted that a
new pump station for Hungerford Hill was just put in by the East Hill tank. Northview
and Danby tanks are filled by a PRV (pressure release valve) by Pearsall Road .
Mr. Mountin asked if the pumps have VSD's (variable speed drive) in them. Mr. Hebdon
said that most of them do.
SEAR
Attorney Brock stated that SEQR was not needed for the Danby Road tank because it is
replacement of kind on the same site. SEQR is needed for the Northview Road tank
because the tank volume is increasing substantially. Hungerford Hill tank also requires
Page 5 of 18
Zoning Board of Appeals
Minutes of January 23, 2012
SEQR because of the addition of the fence, which does not comply with the Town's
fence law. She noted that the Town Board also completed SEQR reviews, but it was
not a coordinated review.
Public Hearing
Chairperson Sigel opened the public hearing at 7 : 27 p.m. and invited the public to
address the board. There being no on interested in speaking, he closed the public
hearing at 7 : 27 p. m .
Attorney Brock noted that the public hearing stated that it is a replacement of an
existing glass lined water tank, but it is actually a steel water tank being-replaced with a
glass lined water tank.
Mr. Mountin asked if the tanks were filled with enough capacity for future growth. Mr.
Hebdon stated that the Danby Rd tank was being replaced with the same size tank.
The Northview Rd tank will increase from a 200,000-gallon tank to a 500,000-gallon
tank. He explained that the tank also supports the Ndgecrest and Troy Road tanks.
Mr. Mountin asked if there were plans for more tanks. Mr. Hebdon said there were no
plans for additional tanks.
Chairperson Sigel moved to grant the appeal of the Town of Ithaca to be permitted to
construct a 48' x 39' glass line water tank that exceeds the height limitation with a
condition on height and finding that all criteria of an area variance had been satisfied,
specifying how each criterion was met.
Motion seconded by Dave Mountin. Vote--carried unanimously.
zB [/T3QN 2012 OOa Heig
RESOL ht Variance, Town ofithaca, 338 Flora
Brown Dr Tax Parcel No 43 -1-30.2
Motion made by Klrk Sigel, seconded by Dave Mountin.
Resolved, that this board grants the appeal of the Town of Ithaca, requesting a
variance from the requirements of Chapter 270, Section 270-70 "Height Limitations"of
the Town of Ithaca Code to be permitted to construct a 48'x 39'glass lined water tank
that exceeds the height limitation located at 118 Flora Brown Dr on the Ithaca College
campus (known as the Danby Rd Water Tank site), Tax Parcel No. 41. -1-30.2,
Density Residential zone. Said tank is a replacing an existing 50'x 35'steel water tank.
Condition:
1. That the tank not exceed 41 feet in height.
Page 6 of 18
Zoning Board of Appeals
Minutes of January 23, 2012
Findings:
That the benefit to the applicant does outweigh any detriment to the health, safety and
welfare of the community, specifically:
1. That the benefit that the applicant wishes to achieve cannot be achieved by any
other means feasible given the need to supply water to the water district,
2. An undesirable change in the neighborhood character or to nearby properties will
not take place given that it is replacement of an existing tank,
3. While the request is substantial, nevertheless the benefit outweighs any detriment
to the health, safety and welfare of the community,
4. That the request will not have adverse physical or environmental effects, as it is
replacing a tank of the same capacity and while It is 4 feet higher than the current
tank it is not deemed to be substantial for structures of this type,
5. That the alleged difficulty is not self-created.
A vote on the motion resulted as follows:
AYES. Sigel, MOUntin and King.
NA YS: None.
Motion was carried unanimously.
Appeal of the Town of Ithaca, Creig Hebdon, agent, requesting a variance from the
requirements of Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca
Code to be permitted to construct a 48' x 39' glass line water tank that exceeds the
height limitation, located at 350 Coddington Rd on the Ithaca College Campus (known
as the Northview Rd Water Tank site), Tax Parcel No. 41 .- 1-30. 21 Medium Density
Residential. Said tank is a replacement of the existing 34' x 30' steel water tank.
SEQR
Chairperson Sigel moved to make a negative determination of environmental
significance based on the information in Part I of the environmental assessment form
and for the reasons stated in Part II of the environmental assessment form .
Motion seconded by Mr. Mountin. Vote--carried unanimously.
ZB RESOLUTION 2012 00' °"'°°*'�A �secsment Town of Ithaca, 350_
GoddinQton Rd Tax Parcel
N-o. 4i. -1 -30.2
Page 7 of 18
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TOWN OF ITHACA
215 N. Tioga Street, ITHACA, N. Y. 1485 D D v
TOWN CLERK 273- 1721 PLANNING 273- 1747 CODE ENPORCENT & ZONI G 2 3 783 082011
PUBLIC WORKS (Engineering, Roads, Parks & Trails, Water & Sewer) 273- 656
FAX (607) 273- 1704 TOWN OF ITHACA
Z011li1111 Board Of Appeals Application Form :CODE ENFORCEMENT
Submit this Application ONLY after: ( 1 ) applying for a building/sign permit for which you received a determination
/denial from Code Enforcement Staff or (2) referral from the Planning Board based upon a site plan or subdivision review.
ZBA Appearance Fee: $ 100 For Office Use Only For Office Us O ly
Property is located within, or adjacent to: Date Received �� fl ��
Please check all that apply: N
Area Variance County Ag District Cash or Check No.
Use Variance — UNA Zoning District my)__
_ Sign Variance CEA Applicable Section(s) of Town Code:
_ Sprinkler Variance Forest Home Historic District _270- - 70 /.,-,,`
Special Approval State Park/another municipality � of 3
The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to
Build a 48' X 39' Glass line water tank on the site of an existing tank.
Danb Road Tank Site Ithaca College tt9 Ft,.a pr* � M �.-
at Y ( 9 a , Town of Ithaca Tax Parcel No. 41 .-1 -30.2
as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or
the Special Approval authorization request is as follows (attach any additional sheets as necessary):
To maintain water service and pressures a tank over the 30' height restriction is necessary.
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to
enter my property for any inspection(s) in connection with my application.
Print Name Here: Creig Hebdon Town Engineer
Signature of Owner/Appellant: y� / Date: �/ 7 /1
Signature of Appellant/Agent: Date :
Home/Cell Telephone Number: Work Telephone Number :
Email Address
NOTE : A Granted Variance expires 18 months from the date of its filing. Construction work associated with any
variance(s) must commence within 18 months of tiling. Your attendance at the meeting is strongly advised.
Revised 11 /9/2010
ZONING BOARD OF APPEALS
AREA VARIANCE CRITERIA FORM - (to be completed by Applicant)
Applicant: Town of Ithaca
Address of Property Requiring the Variance : Danby Rd Ithaca College Campus
Tax Map No. : 41 .-r-30.2
TEST: No area variance will be granted without consideration by the Board of the following factors:
1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to
nearby properties : Yes No ✓
Reasons :
Replacing existing tank with a new water tank
2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance :
Yes_ No ✓
Reasons :
Water system pressure and flows are dictating the height of tank
3 . Whether the requested variance is substantial : Yes No ✓
Reasons :
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood? : Yes No ✓
Reasons :
5 . Whether the alleged difficulty was self-created : Yes No ✓
Reasons :
Revised 11 /9/2010
ENGINEERS REPORT
For
DANBY ROAD TANK REPLACEMENT
The Danby Road tank is fed from the East Hill transmission tank through Pearsall St PRV. The Danby
tank feeds the Ithaca College Water system through a pump station beside the tank to an Ithaca College
owned tank. The Danby Road tank is a steel tank 50 feet in diameter and 35 feet high . The tank was built in
1954 and holds 500,000 gallons. The Danby tank zone has 17 customers (including Ithaca College) using
352,000 gallons a day. The Tank is located in the Ithaca College Campus (see enclosed map) near Jim
Butterfield Stadium .
In 2008, an underwater camera was deployed into the tank inspecting the interior side wall and tank
bottom. The Tank showed large areas where the existing interior coating has pealed off and rusted underneath .
There are areas on the interior that also show a significant loss of wall thickness to the steel sides.
Given the age of the tank and the deterioration of the steel the best option to replace the tank with a
new glass lined tank of that same size. By replacing the tank on the same site the amount of the piping and site
work will be reduced . The Cost ofthe tank replacement will be approximately $450, 000 . 00
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XTo*P.4 ns, County
DEPARTMENT' OF' PLANNING
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1'21 East ( �uri Strect r
Ithaca, New York 14850
Edward C. Marx, AICP ' 1 1 f
Commissioner of Planning f ice' Teleplone6Q7) 274 55G0
f Fax 60 274=5578
and Community Sustainability + -.. -------x (6071 ._
December 20, 2011
Mr. Bruce Bates, Director of Code Enforcement
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Re: Review Pursuant to §239 -1, -m and -n of the New York State General Municipal Law
Action: Area Variance for proposed water tank replacements at 953 Dauby Road, Northview Road
and Hungerford Hill Road, Town of Ithaca Tax Parcel Nos. 41:1-30.2 and 61.44.2, Town
of Ithaca, Owner/Appellant.
Dear Mr. Bates:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 , -m and —n of the New York State General
Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no
negative inter-community, or county-wide impacts.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C. Marx, AICP
Commissioner of Planning
and Community Sustainability
Inclusion through (Diversity
Page 1 of 1
Bruce Bates
From: Susan Ritter
Sent: Monday, January 09, 2012 11 :00 AM
To: Bruce Bates
Cc: Chris Balestra
Subject: Town water tank replacement - Northview to Planning Board
Bruce,
The only water tank that requires Planning Board approval is the Northview water tank. That tank will be
increasing in width and height. The other proposed replacements tanks are not changing enough in width/height,
nor requiring any other changes to the site, to warrant PB approval.
Sue
Susan Ritter
Director of Planning
215 N. Toga Street
Ithaca, NY 14850
607-273-1747
sriffer@town.ithaca.ny.us
1/11/2012
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