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HomeMy WebLinkAboutZBA History Combined (87) Zoning Board of Appeals History as of 950 Coddington Road Tax Parcels involved, with address if known: Current 950 Coddington Road 39.-1-1.22 with 2011 subdivision. History: 2009 – Sign Variance - Approved 2008 – Code interpretation – Approved 2005 - Use Variance – Approved for 3 years 1963 – Sign Variance - Denied .l TOWN OF ITHACA ZONING BOARD OF APPEALS Monday, December 21 , 2009 215 North Tioga Street, Ithaca 7 : 00 P. M. APPEAL of=Southh-Hill-Business Campus; Linda Luciano, Agent from the Code of the Town of Ithaca, Chapter 221 , , "Signs" to retain existing sign(s) and install additional freestanding sign(s) at 950 Danby Rd, TP # 39.=1 -1 . 1 , Planned Development Zone #120 LINDA LUCIANO , Property Manager Ms . Luciano gave a brief summary of the appeal . There are three signs with issues ranging from too many free-standing signs, their location and one , the canopy sign , is projecting out and is not flat. She stated that the signs are not in compliance and some don't have permits . Chairman Sigel asked if the Board had any questions regarding SEQR . There were none . ADOPTED RESOLUTION, ZBA RESOLUTION No. 2009 — 51 Environmental Assessment, South Hill Business Campus, Signs, 950 Danby Road. TP # 39.-1 =1 A . Planned Development Zone #12, December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in Part 2 of the Environmental Assessment Form prepared by Town Staff. A vote on the motion was as follows: Ayes: Sigel , Krantz, Ellsworth , Mountin and Niefer Nays: None Motion passed unanimously. Discussion followed with descriptions of the signs, their locations and the specific variances needed for each . The Board felt that the signs were needed, were not obtrusive and- the request was not- substantial: Chairman Sigel opened the public hearing at 7: 08 p. m . There was no one wishing to address the Board on the appeal and the public hearing was closed at 7: 09 p . m . ZBA Final 12-21 -2009 Page 2 of 9 ADOPTED RESOLUTION, ZBA RESOLUTION No. 2009 — 52 Sign Variance(s), South Hill Business Campus, 950 Danby Road, TP # 39.-1 -1 , 1 , Planned Development Zone #12, December 21 . 2009 Motion made by Kirk Sigel , seconded by Jim Niefer RESOLVED that this Board grants the appeal of South Hill Business Campus requesting variances from Chapter 221 , "Signs" , to retain existing signs and install an additional freestanding sign at 950 Danby Rd, TP# 39. - 1 - 1 . 1 , Planned Development Zone # 12, with the following specific variances granted to each individual sign : Sign #2 is granted a variance from Section 221 -7, (c)(4) , allowing the sign to not be placed in the front yard and allowing the sign to be placed less than 15 feet from the pavement, and also a variance from Section 221 -6 , (2b) , allowing more than one free- standing sign on the premises. With the following conditions: a . that the sign be no greater than 32 square feet, and b. that it remain in its present location . Sign #3 is granted a variance from Section 221 -7, (d)(5 & 6) , allowing the sign to exist without the letters being affixed flat to the surface and allowing more than a single line ` of lettering and allowing the letters to exceed 6 inches in height, with the following condition .a a. that this sign remain in its current location , and b. that the sign be no greater than 38 square feet. Sign #4 is granted a variance from Section 221 -7, (c)(4) , to allow the sign to be placed outside of the front yard and within 15 feet of the pavement, and additionally a variance from Section 221 -6, (b)(2) , allowing more than one free-standing sign on the premises, with the further condition a. that this sign be constructed as indicated on the applicant's plans , and b. placed in the location indicated by the applicant, and c . be no greater than 20 square feet. With the following findings, pertaining to all three signs: FINDINGS , That- the benefit to the applicant outweighs any- detriment to the community: - - Specifically: 1 . That it does not appear that the applicant can achieve the benefit they wish to by any other means feasible given that they have a large property and need several signs to direct visitors to the appropriate entrance, and s iJ ZBA Final 12-21 -2009 Page 3 of 9 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that these additional signs are either difficult to see or impossible to see from the public right-of-way, and 3 . That the request is not substantial given the size of the facility, and 4 . That there will not be adverse physical or environmental effects, and 5 . That while the alleged difficulty is self-created , nevertheless, the benefit to the applicant outweighs any detriment to the health , safety and welfare of the community. A vote on the motion was as follows: Ayes: Sigel , Krantz, Ellsworth , Mountin and Niefer Nays : None APPEAL of Judy Mauk, requesting a variance from the Code of the Town of Ithaca, Chapter 270, Article IX, Section 270=71 (c), to allow insufficient side yard setback for an existing garage at 147 Pine Tree Rd, Tax Parcel #57.-1 -33, Medium Density Residential Zone (MDR). Steve Mauk, 147 Pine Tree Road : Mr. Mauk gave a brief overview stating that the garage was originally built in the 1950's with an addition added in 1984 with the same dimensions. When he went to re-roof the garage , it was discovered that there was an issue with the setbacks. Mr. Mauk was confused because a building permit was submitted, approved and a certificate of occupancy issued back in 1984 for the addition . Chairman Sigel explained that when the addition was added, the setback changed and sometimes these issues come up because they were missed. Chairman Sigel opened the public hearing at 7: 16 p. m . Frank Baldwin , 149 Pine Tree Road: Mr. Baldwin stated the following : "I appreciate that the town is being a bit more alert and monitoring what's going on . We never knew that construction was going to occur until it occurred . We lost our sun from the southern exposure of our house . Shortly before that, we built another room , a bedroom , which had a solar brick wall , which caught the sun to give us heat in the evening. We are not interested having the illegal construction torn down , we are interested in the process that the town- goes- through to approve- construction , and specifically, I- am- concerned - about a completely unrelated thing that is dangerous, and that's a slab of stone that was put on a bike trail near Tudor Park. There is a lot of loose stone on this bike trail . If a bike comes down and a guy hits his head on the corner of the stone bridge that comes to one person' s house , he's gonna get killed. This is something that I ' m concerned about mostly. How did this get approved? e FILE DATE - av ADOPTED RESOLUTION ZBA RESOLUTION No. 2009 — 51 Environmental Assessment South Hill Business Campus Signs 950 Danby Road TP # 398•1 -1619 Planned Development Zone #12 December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in Part 2 of the Environmental Assessment Form prepared by Town Staff. A vote on the motion was as follows: Ayes : Sigel , Krantz, Ellsworth , Mountin and Niefer Nays: None Motion passed unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA. I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meet o the 21 st day of December 2009. Deputy own Clerk, Town of Ithaca FILE DATE , 1Z ADOPTED RESOLUTION ZBA RESOLUTION No. 2009 — 52 Sign- Variance(s)° South Hill Business Campus 950 Danby Road TP # 39.-1 -1 A Planned Development Zone #12 December 21 , 2009 Motion made by Kirk Sigel , seconded by Jim Niefer RESOLVED that this Board grants the appeal of South Hill Business Campus requesting variances from Chapter 221 , "Signs" , to retain existing signs and install an additional freestanding sign at 950 Danby Rd, TP# 39. - 1 = 1 . 1 , Planned Development Zone # 12 , with the following specific variances granted to each individual sign : Sign #2 is granted a variance from Section 221 -7, (c) (4) , allowing the sign to not be placed in the front yard and allowing the sign to be placed less than 15 feet from the pavement, and also a variance from Section 221 -6, (2b) , allowing more than one free-standing sign on the premises. With the following conditions: a . that the sign be no greater than 32 square feet, and b. that it remain in its present location . Sign #3 is. granted a variance from Section 221 =7 , (d) (5 & 6) , allowing the sign to exist without the letters being affixed flat to the surface and allowing more than a single line of lettering and allowing the letters to exceed 6 inches in height, with the following condition : a . that this sign remain in its current location , and b . that the sign be no greater than 38 square feet. Sign #4 is granted a variance from Section 221 -7 , (c) (4) , to allow the sign to be placed outside of the front yard and within 15 feet of the pavement, and additionally a variance from Section 221 -6 , (b) (2) , allowing more than one free- standing sign on the premises, with the further condition a . that this sign be constructed as indicated on the applicant's plans , and b . placed in the location indicated by the applicant, and c . be no greater than 20 square feet. w With the following findings, pertaining to all three signs: FINDINGS : That the benefit to the applicant outweighs any detriment to the community. Specifically: I 1 . That it does not appear that the applicant can achieve the benefit they wish to by any other means feasible given that they have a large property and need several signs to direct visitors to the appropriate entrance , and 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that these additional signs are either difficult to see or impossible to see from the public right-of-way, and 3 . That the request is not substantial given the size of the facility, and 4. That there will not be adverse physical or environmental effects, and 5 . That while the alleged difficulty is self-created, nevertheless, the benefit to the applicant outweighs any detriment to the health , safety and welfare of the community. A vote on the motion was as follows: Ayes: Sigel , Krantz, Ellsworth , Mountin and Niefer Nays: None STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA, I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting the 21 st day of December 2009, Deputy Town Clerk, Town of Ithaca ZBA 11 - 16-2009 Page 7 of 8 CONDITIONS : 1 . That no part of the garage be closer to the side lot line than 6' , and 2 . That the garage be built as indicated on the plans submitted by the applicant, and 3 . that the exterior of the garage be stained to match , as best as possible , the color of the main house . FINDINGS That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve would be difficult to achieve by any other means and what the applicant has proposed is reasonable , and 20 That there will not be an undesirable change in neighborhood character or to nearby properties given that the house with the proposed garage will still be setback at least as far from the road as the neighboring homes , and 34 That while the request is substantial , nevertheless the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community, and 49 That the request will not have any adverse physical or environmental effects , and. 5 . Again , while the alleged difficulty is self-created since the applicant just recently purchased the home , that the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. A vote on the motion was as follows : Ayes : Sigel , Krantz, Ellsworth , Mountin and Niefer Nays: None Absent: Mann Motion passed . APPEAL of South Hill Business Campus, Linda Luciano, Agent from Chapter 221 , "Signs" to retain existing sign(s) and install additional free- standing sign (s) at 950 Danby Rd , TP # 39.-1 -1 . 1 , Planned Development Zone #12. The applicant was not available to answer the Board's questions and the Board felt it was important that a representative be there . ZBA 11 - 16-2009 Page 8 of 8 ZBA Resolution No. 2009 - 50 Sign Variance , 'South Hil Business Campus 950 Danby Rd Tax Parcel #39 .-1 -1 . 1 November 16, 2009 Motion made by Kirk Sigel , seconded by Ron Krantz. RESOLVED that this Board adjourns the appeal of South Hill Business Campus to a subsequent meeting when the applicant is able to attend . A vote on the motion was as follows : Ayes : Sigel , Krantz , Ellsworth and Niefer Nays : None Absent: Mann Abstained : Mountin Motion passed . Meeting was a,djourned at 8 : 08 p . m . Kirk Sigel , Chair i OF 1p TOWN OF ITHACA 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 www . town . ithamny . us CODE ENFORCEMENT = BRUCE W. BATES, DIRECTOR Phone (607) 273- 1783 Fax (607) 273-5854 Code Enforcement and Zoning Memorandum Date : November 10 , 2009 To : Zoning Board Members From : Bruce W . Bates, Director Re : 950 Danby Rd . South Hill Business Campus South Hill Business Campus ( SHBC) has requested several sign variances for the property located at 950 Danby Rd . This request is due to the alterations proposed for the complex . There are a total of 3 signs under review/appeal . Two of the signs will be new signs and the other sign was found to have not been legally permitted and they have requested that all the issues be addressed under one appeal at this meeting . Please see the applicant' s explanation submitted with the application for why the new signs are necessary. There are currently three signs on this property with a fourth proposed . Sign Number One is the main sign at the road entrance . ( Exhibit # 1 and #5) This sign was permitted . (See sign permit # 337 enclosed) Sign Number Two is an existing free-standing sign ( Exhibit # 2) that does not have a permit but is existing . SHBC is proposing to keep the same location for this sign , but change the look ( Exhibit #6) . In order for this sign to remain in place , 3 variances are needed because they are basically prerequisites of each other. SHBC requires a variance from Chapter 221 , Signs , section 221 -6 B ( 1 ) which requires compliance of section 221 -7 . Section 221 -7 C (4) is the applicable part which requires that. the freestanding sign be placed in the front yard and 15 ft from the payment and side yard , which it does not. This sign would also need a variance from section 221 -6 B (2) b which only allows only one freestanding sign on the premise . Sign Number Three is an existing canopy sign ( Exhibit #3) that was never applied for and needs to be permitted now. This sign is allowed with a variance from Chapter 221 Signs , section 221 -7 D (5 ) and (6) , which states that canopy signs must be affixed flat to the surface of the canopy and shall be a single line of lettering six inches maximum height. The sign as it exists protrudes from the canopy . Sign Number Four is an additional sign SHBC is requesting . ( Exhibit #7) This would be a third free -standing sign on the back of the property . ( Exhibit #8) Because they are allowed to have only one free standing sign on the property , and this would be a third , it would also have to be granted a variances from the same Chapter and sections as Sign Number Two . Sign Number Four requires variances from Chapter 221 , Signs , section 221 -6 B ( 1 ) which requires compliance of section 221 -7 . Section 221 -7 C (4) is the applicable part which requires that the freestanding sign be placed in the front yard and 15 ft from the payment and side yard , which it does not . This sign would also need a variance from section 221 -6 B (2) b which only allows only one freestanding sign on the premise . Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION To be completed by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name SDU I H � 4 1C_C� � ( ( S l � e5 � C�1Y1� 6H6 L. U AJ DA LC+ (aJ Ai/Q v 3 . Precise location (street address, road intersections, prominent landmarks, etc, or provide map :) Tax Parcel Number: 4. Is proposed action : NEW? ✓ EXPANSION ? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items) : (1) aj IN\ a1fU > 1�1 � )IizL.L�� � Jh SiGti1S Ll Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initial) 0-5 rs I Acres 6- 10 rs L >10 rs 1 Acres 7. How is land zoned presently? 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO ✓ If no, describe conflict briefly : .,Q.l L 1.JC�7 C1 } 15z, ce i(qJl d 1 og S, J in i 9. Will proposed action lead to a request for new: ✓ Public Road? YES NO ✓ Public Water? YES NO ✓ Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential Commercial ✓ Industrial i/ Agriculture Park/Forest/Open Space Other� U G 4K- Please Describe: 11 . Does proposed action involve a permitt proval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: Applicant/Sponsor Name (Print or Type): Lt tN�j Signature and Date: ✓, 1 �JLQ r �o /ice/ �G rJ 1U `— l(1 — U�� Revised 4- 12-08 PART II = ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1=C59 Explain briefly : None anticipated C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly : E. Comments of staff other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility ; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Zoning Board of Appeals Name of Lead Agency Preparer' s Signature(If different from Responsible Officer) Kirk Sigel Chairperson Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Sig ture of ResponsIble Officer in Lead Agency 11 /09/09 South Hill Business Campus. TOWN OF ITHACA D D 215 N . Tioga Street, ITHACA, N .Y . 1485 OCT 16 2009 . TOWN CLERK 273-1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDING ND ZOT�IN6f�:z3;�; F ITHACA HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 "fB '85F ITHACA FAX (607) 273- 1704 Zoning Board of Appeals Application Form : SUBMIT THIS ONLY AFTER : ( 1 ) APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETERMINATION /DENIAL FROM CODE ENFORCEMENT STAFF OR (2 ) REFERRAL FROM PLANNING BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW . ZBA Appearance Fee : $ 100 For Office Use Onlyb For Office Use Only Property is located within or adjacent to`. Date Received l0 Ib Oq Please check all that apply : Coun A Di"strict Cashsor Check No. Area Variance ty g Use Variance UNA ` ` zoning District CEA -Applicable Sections) oIFTown Code: s/ Sign Variance ; Sprinkler Variance forest3Home Historic District Special Approval State ParlUanothermutncipahty The UNDERSIGN E res ectf illy submits this Application Form requesting an appearance to be allowed to r y / i� v "'-I 5194 ► q I Du1 \ c_T i t at _ ��� �.r hr r , Town of Ithaca Tax Parcel No. `:.� q -- ` as shown on the accompanying application and/or plans or other supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any additional sheets as necessary): C 1 ,' CEO By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter „, opera, r„ inc ect-in-connection y applica Signature of Owner/Appellant: '/�'a/' ' Date: r , Signature of Appellant/Agent: 6i kr 0 �� �' c � Date: 1U U Print Name Here: I IN j C) ,A LA C' I NJ Home/Cell Telephone Number: �ool 2 �7 q � q D� } Work Telephone Number :-- NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will gAgjLe=. Your attendance at the meeting is strongly advised. Revised 4- 12-08 Request : Allow ( 2 ) additional freestanding directional signs on the grounds of South Hill Business Campus . The current sign law states that freestanding signs must be in the front yard only. To be effective, neither of these signs would be in the front yard . Rationale : South Hill Business Campus encompasses over 70 acres of land and 288,000 sf of building space . It can be difficult for visitors to find their way once inside the building. The addition of ( 2 ) freestanding signs will direct those unfamiliar with the property to one of the two main building entrances that will lead them most efficiently to their final destination . With the addition of a second main entry at the south end of the building, visitors will have a choice of parking and entering the building at the entry closest to the tenant that they are visiting . Driving into the campus, it will be difficult to locate either entry if it is not well identified . Therefore, the signs will need to be located near the building entry points and not in the front yard . Neither sign will be visible from the road . The sign at the current main lobby will denote the main lobby and point to the south entry, employee entry and delivery docks . This sign already exists but had not. been legally permitted . The existing sign will be changed slightly from the existing by adding a top rounded piece to better match the design of the road sign . The new sign at the south entry will identify the south entry and list the tenants that are at that end of the building currently; Challenge Industries, Primet, ovomer an ps ate Mli wor . C� any SIM � s p • c OVs• 4 . .3 :s ••t i • a e � cN O rnp �N m Z Z cv p 0 N m r j J i 0,4 (gip 7 iR i mp- PIP/707 PARKING AL t Co T Ith. PianV Rebuilders � ��' t;oodrich lthau' 'ensaGroup amertP '- Avalon Homes. �_ Ivovomer _ s • Paramount�V1k[. Pub. \``\ �� "�' ,�w# Better Housing _� � t Birnie Bus_Seryice .� Primet tr.Breuhau�,:lrchitect) Serendipity Catering _ s Bushberg Real Estate Communique �_TPG eCornell ! Tamarack Design Dave Feeney, Esq. �_ThinkW'orks Foster Woodworks ( True.Walsh&Schubert ,; - � Lpstate Millwork Ithaca Flooring � !9�•�lThe Walt /� ar -7 AMPW low C i C � _ WRA f f _ I L' • SOUTH HILL {_ . � � � • � � � ,:. BUSINESS CAMPUS y 950 Danby Rd . Current Road Sign I I Ithaca , NY 1450 lJ DANSY ROAD Ole No : ti:t\tti. . 5`•.• ,:tti offs LL a too9 ,�� , 1`:t�,t''k�l ,t, •:1 '•1;`5,5..,,,,, , aft . ��11• . •. �::•. r.t•:,t _ lce \.,,.Its too i \' t wer 51. 5�1 :�� , t• Main Lobby Entry Sin lfjd :��t`tt l� itttC{115t1tt , �i:�t tKI��' � • „ sl rl 1',. ``L`•�: tits 11,Ness �ecl G,o4 nq i'St :,�t 51 �q�: • . VON nv !1 cent n� F�O� ;,tttt t; c ;' • '1 1 ''''''..,. BlIs It's, 5 .,1106 ":t•,:• South Entry Sign ,y. A MR 1 P ANN»-y a; :r Zi e �a �S 3` •�i k � C3'i 0 r,t1 D G7 �`;-, � mac, �"` � �.,} ' • Volt f? Roy let WM �. j °�► r lot , t .tv�`d1 • ni 6 Proposed sign at Main Lobby Circle g . . L L" LL L L SOUTH HILL BUSINESS CAMPUS 1 3, '= Main lobby South Entry Employee Entry Deliveries E . �. 3 Proposed sign at new South Entry \0 0 �,\\L, Painted black steel r; Back — solid steel Id r - : SOUTH HILL s BUSINESS CAMPUS South Entry d hW.\, Challenge Industries 9 Novomer Internally illuminated Primet Precision white plexi with black vinyl lettering s , f:f P� y � k �^F yam' 1 r✓ ^ /.� � � �( �' 1 �f - r s s r . a b r� ti a .. or d: I image .;).2009 New York, G 15 it' 42"25'20.76" N 76, 3o,09.05" W °'1' " , - ""`' Eye alt 406 �, Permit ;4 337 SIGN PERMIT PROPERTY LOCATION : 950 DANB Y ROAD OF lT a - 18 21 4 O SIGN DESCRIPTION : 49 . 8 square foot sign �;Y f ISSUE DATE : December 20 , 2004 rL ir`el • xaY � .f: z J ¢ w SIGN MAY NOT BE ALTERED FROM APPROVED PLANS ; ANY CHANGES WILL A NEW SIGN PERMIT. Ll iii J` y r s �. ....�t'.� ••j r � t .4 � 10 'C' i� �tYi :�' L„ BUILDING INSP .C'l'.ORrZONING lt OVI?lclt ' r yr' { ; � ry^� rip sit T nAr Y r.' t 6 s _ Vie' z` o toot '' 4. 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TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : PLANNING BOARD FROM: DARBY KILEY, PLANNERIV DATE: OCTOBER 14, 2009 RE: SOUTH HILL BUSINESS CAMPUS SOUTH LOBBY ENTRANCE SITE PLAN APPROVAL AND RECOMMENDATION TO THE ZONING BOARD OF APPEALS REGARDING SIGN VARIANCE(S) Enclosed please find material related to preliminary and final site plan approval and a recommendation to the Zoning Board of Appeals regarding sign variance(s) for the proposed new lobby entry area at the South Hill Business Campus located at 950 Danby Road (NYS Route 96B). The proposal involves creating a new covered entry, a heated concrete walkway, landscaping, a seating area, lighting and signage. This project is scheduled for the October 20'' Planning Board meeting. The proposed project provides an additional and more direct entrance for tenants of and visitors to the offices on the south end of the building. As shown on Exhibit 3 in the applicant' s materials, the project proposes a sloped walkway along which users will pass an illuminated sign, a seating area with two benches, and landscaping on either side. The door currently located within the project area will be filled in with brick, and the new entrance door will be similar to an existing employee entrance (shown in Exhibit 2). The applicant also requires sign variance(s) from the Zoning Board of Appeals. In researching the current variances and sign permits, staff discovered that there are multiple signs on the property (shown on Town staff Sign Location Figure enclosed) : ( 1 ) a permitted, freestanding sign located along Danby Road (Photo #3 taken by Town of Ithaca staff) ; no action necessary by the Planning Board; (2) an existing wall sign located above the employee entrance (Photo # 1 taken by Town of Ithaca staff) ; this sign does not have a sign permit but also does not need a variance from the Zoning Board of Appeals. Approval for this sign is on the draft resolution attached; (3 ) an existing freestanding sign on the north side of the building (Photo #2 taken by Town of Ithaca staff); this sign does not have a sign permit and would need a variance because it is the second freestanding sign on the property, where only one freestanding sign is allowed; and (4) a proposed freestanding sign at the new south lobby entrance as shown on Exhibit 7 of the applicant' s materials ; this sign would need a variance from the ZBA because it would be the third freestanding sign on the property. The Planning Board, acting as the Sign Review Board, has the responsibility of reviewing the sign proposals according to the guidelines outlined in the Sign Law. The Board then makes a recommendation to the Zoning Board of Appeals regarding the signs . Among the guidelines to consider are whether the signs are compatible with surroundings, appropriate to the type of activity conducted, legible, and in character with the community. Please call me at 273 - 1747 or email me at dkiley @town. ithaca. ny. us if you have any questions prior to the meeting. Enc. i 2 FILE DATE ADOPTED RESOLUTION : PB RESOLUTION NO, 2009 - 095 SEAR Preliminary and Final Site Plan and Recommendation to ZBA Regarding Sign Variance(s) South Hill Business Campus some South Lobby Entrance 950 Danby Road Tax Parcel No. 39.-1 -1 .2 Town of Ithaca Planning Board, October 20, 2009 Motion made by George Conneman , seconded by Hollis Erb , WHEREAS . 1 . This action is consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals Regarding Sign Variance (s) for a proposed new lobby entry area at the South Hill Business Campus located at 950 Danby Road ( NYS Route 96B) , Town of Ithaca Tax Parcel No . 39 . - 1 - 1 . 2 , Planned Development Zone No. 12. The proposal involves creating a new south lobby entrance to the building and will include installing a new covered entry, a heated concrete walkway, landscaping , a seating area, lighting and signage . South Hill Business Campus , LLC , Owner/Applicant; Linda Luciano, Property Manager, Agent, and 26 This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoordinated environmental review with respect to Site Plan Approval , and 32 The Planning Board , on October 20 , 2009 , has reviewed and accepted as adequate a Short Environmental Assessment Form ( EAF) Part I , submitted by the applicant, and Part II prepared by Town Planning staff, a narrative titled " Project Details and Location" and Exhibits 1 through 7 , date stamped September 10, 2009 , and other application materials , and 40 The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval ; NOW THEREFORE BE IT RESOLVED . That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed , based on the information in the EAF Part I and for the reasons set forth in the EAF Part II , and , therefore , a Draft Environmental Impact Statement will not be required . A vote on the motion was as follows: Ayes : Howe , Conneman , Bosak, Riha , Talty , Erb and Wilcox. Nays : None The motion passed unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exa t copy of the same adopted by the Planning Board of the Town of Ithaca at a r ar eeting on the 20th day of October 2009. �- Deputy Town Clerk, Town of Ithaca I 7DR O 17 Ll W 3 ARC NEW CONCRETE CURB DROP CURB 00 ( SEP ® 2009 � `` w� o G ELEV . ` .' 4- �} OL i _iu'iN OF ITHACA DD v PLANNING / ENGINEERING C) G URB w x 0 IA OF t4 z 0 O x'-82" U Exhibit 3- Walkway Layout ILLUMINATED O EL V, . O w z SIGN 0 ± 14. 5 . G8' C O z 0 co Q O N n w I w N O O K cl LAWN O N J FIN . FLR. Q DEC ELEV . ± 245 . 0 W a l v ~u ASPHALT M ITORING � b PAVING a Z Q C� NO E LEV , (� z 2 T(=' " DARK SKY" N BENCH WALL MOUNTED Z U) X - METAL HALLIDE LIGHT W (n uJ W BCH = Z LED DEC EXP - - 2 G . 84' � (n 0 MONIT RI A GRE TE ' > Om LAWN SANITARY <o c) J wN W = � o " ! \ ' I— o L i m Q O Q p -_ -_ -_ 000000 PROJ.NO: 08- 17 v . - - - ±- WOMEN 'S ROOM ± 247 , 84' SCALE: 118' 1'-0" 00 1 a V V DRAWN: BREUHAUS FIRE- RATED FIN . FLR, E T AT C AIVVI I ELEV . DATE: 24JULY2009 WITH LGHT i HM DOOR ± 248 . 0 CLOSET PAVING PLAN G I 4�1 1 0:� aaaaaaaaa] i 20'-O" 20'-O" -O'-O" 20'-O" 20'-0" PRIMET - II O D rn o ➢ � z tton rn � N rn ❑ ❑ ❑ MF1 ❑ o � a z D ❑ D ❑ Lill III =o . W 0 0 rn N ?I O lotsS �. S e-h n Z D > Z IZ j Z O - r O N O Z I = rn ➢ �u _ K rn 70 D 7u II o D 7-a r- C1� C = ? Z II o7io j II rn j o � Fjijd D � rn . 2 _ ® Z m n O 4�a 0 D -u z I MS z � za � FiR rn log IFTII !31 ^ t w t��t 0 D °y O 41 a PROPOSED SOUTH ENTRANCE s� m ^' SOUTH HILL BUSINESS CAMPUS 950 DANBY ROAD ITHACq NY N A D W c GEORGE W BREUHAUS, ARCHITECT 950 DANBY ROAD SUFTE220 ITHACA NY 14850 TEL: 607-257-8348 ® v 1 � `� ! cn LU r: \ 41 t ; I vl �I i Q )I fi I `a ti j i ... ._....._. ____ __ _ rf , I . . - � . ip VVV v 4, Ln LU t e.L L S L L L L OUTH HILL Loc = BUSINESS CAMPUS 950 Danby Rd . Ithaca, NY 1450 U -- DANBY ROAD IM t•L.tt C 4it LLtyt PAR�1/ O(j L} :h pgR..y„••'SS L 5 ,iSt'y 5 • 710 I SSS;.�,., • , , • . ,SL L,S•. SS t:also' �• .; t 4. L ti{�s r;, - ; `d �1 V 1 sll .1tti�L1y� s , r� is � 8 jhdjl +a�tex, �sl•'�1�11Ci:SLis:StL �sihe tl fal . t: •:sitit 1Y • ;:: �.t;.�t.t' •• . . . .., ``• '• qR,F h 'CQ fFjo eror ,tiyic� • L ! SD Oth jobs, E '51 7e F SEP 10 2009 Site Plan Review TOWN OF I I14ACA PLANNING / ENGINEERING Preliminary & Final South Hill Business Campus South lobby Entry Original Development Review Application Short Environmental Assessment Form Preliminary and Final Site Plan Checklists $300 Fee 25 Copies : Applicant Information Project Details and Location Exhibits : 1- Architect' s letter documenting cost estimate of project 2- Photo of current employee entrance showing similar door canopy and current photo of unimproved area , 3- Walkway Layout 4- Elevation Drawing 5- Landscape plan 6- Cut sheet of external lighting 7- Rendering of new signage Applicant Information Applicant . South Hill Business Campus 950 Danby Rd . Ithaca , NY 14850 Tax Parcel : 39- 1- 1 . 2 Project Name : South Lobby Entry Date . 9/ 1/09 Property Owner : South Hill Business Campus, LLC Andy Sciarabba , Managing Partner 521 Ridge Rd . , Lansing, NY 14882 Architect : George Breuhaus 950 Danby Rd . , Suite 220 Ithaca , NY 14850 Neighboring Properties : - Ithaca College 453 Danby Rd . , Ithaca , NY 14850 - Digicomp Research 430 Danby Rd . , Ithaca , NY 14850 - Ithacare ( Longview ) 1 Bella Vista Drive, Ithaca , NY 14850 Project Details and location This project involves creating a second main point of entry on the south end of the former factory building . This will improve way- finding within the building for tenants on the south end and their guests . It will also improve the building' s overall handicap accessibility . The project is projected to cost $40K ( exhibit # 1 ) and take one month to complete . Major improvements include the following : New Entry Door The current south end emergency exit door will be shifted slightly to accommodate a new entry door at the ground floor level . There will be a small panel clad canopy over the entry with a single can light similar to the current employee entrance ( exhibit #2 ) . The old entry door will be in filled with brick to match the existing wall . Handicap Accessible Walkway - exhibit #3 & 4 Since the ground floor is 4' above grade at this end of the building, 250-300 yds of fill will be added to the area to create a slope . Part of this fill will come from a recent excavation project within the building and the remainder will be trucked in . Silt fencing will be used to retain the soil during construction until the lawn is established . A concrete walkway will extend up the slope from the parking lot to the new entry door at a 5 % grade . This permits handicap accessibility and is not steep enough to require a handrail . The walkway will be heated in the winter utilizing a buried how water loop fed from the main boiler system . Landscaping — exhibit #5 The area will be landscaped to include lawn and various local trees and shrubs along with seasonal perennials . A granite curb will edge the area . A new seating area will with two benches will be included along with dark sky compliant lighting ( exhibit #6 ) and directional signage ( exhibit #7 ) . [ L ° L d11 HILL L. : BUSINESS CAMPUS --°� = � --- Project Location 950 Danby Rd . Ithaca , NY 1450 U OANSY ROAD 601 ti . ORS 5',S-Y'S' S:.•ti5. 5ti.51•;. , Ce Ott t11.5ti: `'"155:• t; ,; qd�f • Y•t:•15y.;1:1 5'.•t.,tt:, , ; : ,:::. p t�Q1. t 5:;:55 '•• :5ti .990 t, 2 62 5•; Q�. { ; 5'S`'i55tto% • 5:'S�:'• :•:••,• , 110 1 5•S�'S S • L' S. Y . . :} ••,'.::5 ;:•;y;5• ; 5 'Y5 : 5,S �S \: , 511:5,ti5 5• •• •x::5:1•5: 60:-.V to 5:t�•. 4S Strj 'S "''tt�tt at :;i;5tit ti`'S 1 , Gr • Y .555: paw . eeh ce�°vt1i1 pgRk�Q }5 c ter °°r `'tt' : iY:: ; ;: Or ,.5.;.; •.• .. .�5; PgRk l 1po - Site of New South Entry C4@C W_ 74 George W . Breuhaus , Architect ® �� [:SEP 10 200 0 architecture , planning , space planning TOW OF rr :n; a PLANNING / ENGINEERING September 4 , 2009 South Hill Business Campus 950 Danby Road Exhibit 1 - Architect' s letter documenting cost Ithaca , New York 14850 Attn : Mrs. Linda Luciano Re : Preliminary Cost Estimate Proposed New South Entance Dear Linda : I have completed a preliminary cost estimate for the proposed work for the new handicap-accessible entrance at the south end of the former manufacturing wing . It is as follows: New Entrance Door: Amount 1 . Remove existing fiberglass door assembly and patch out opening with brick. $ 41000 .00 2. Cut-in new opening and install new fire-rated hollow metal door. $ 31500 .00 3 . Install new canopy above new opening . $ 31500 .00 New Sloped Concrete Walkway 1 . Install compacted subgrade . $ 51000 . 00 2. Install 8'-0" wide concrete walk with integral hot water snowmelt system. $109000.00 New Landscaping 1 . Plantings per Kersat. $137000.00 Miscellaneous 1 . "Dark sky" Wall light $ 11000 .00 2. Illuminated sign box. $ 31000 .00 3. Two benches $ 29000.00 Proposed Total: $453000 .00 Please call with any questions. Once we have developed final drawings, I will be able to determine a more accurate cost estimate. Very Truly Yours, George W. Breuhaus, Architect George W. Breuhaus South Hill Business Campus o 950 Danby Road o Suite 220 o Ithaca, New York 14850 Ph . 607 -257 - 8348 o Fax 607 - 257 -8349 Exhibit 2- Photos z b E iIN IN FF � vs9ETSroDy9;xzY { �� i � J S'� E� � rt i •X. .S �q1Y� X sz Yf 4 3 �p ' f4 i c s { = es '; { k 9tt i N1 f R s sa Pvt t'zs 13 °as > R E t % NNIl ° Site of new south entry � � �� _ ; 'i YE FIN' IN NN s NIII a x � Ntlt p �H a d %FF.'r Ir Ri Nlv 11 1, p1 A �ef, f '.+ N 'IN Ir F;. IN IN .I IF, r y 1 R j c I IN Nil r .rx e F .... It d t E @ e Existing canopy similar to new _.; , . canopy over new entry door. Note : new canopy will not NO r Ery` Fe have any signage on it . �s �� A' � � { N 61 a jr 1,1 I IN a A I IN, , "�.� N< yam., tP IN I S., 43cy r4 Ye" b I :� W .: *f rrliIN r N . Fly IN � R m �n x �' r 3 fir. .uDntr J .,{}E 4 x � � rr NN3�„e, . . _. k<. . 11 IN at IN T Side view of canopy }` 3 ka� ° n 'e s J4k t 'itllF SiN5§1 ll4Ki4't c `7 Xr £ Y£ rT° 3j N E1 _C . .. ;r-. s i xZys E 'it N5- XX N4 IN K 1a n ` b SEP 10 2009 TOWN OF ITHACA I f r PLANNING � ENGINEERING It . C a Exhibit 6- Cut sheet of external lighting . lighting T e: p � 1 D453 _ -l_. e_. : Horizontal Wall Sconce Catalog #: i Project: I 7no Comments : - Prepared by: 1V 0V- --- 1 r:1at , , PLANNING ENGINEERING Appikatio ^l } r; The D453 Horizontal Wall Sconce delivers specification-grade performance and style at a competitive price. Sweeping curves and distinctive lines provide a progressive look that enhances the architectural - FF integrity of any site. Features c U L o s L:TEr . Heavy duty two piece die cast aluminium housing is top hinged for ease of maintenance �Dimensions > Two captive stainless steel door fasteners .75" threaded conduit top entry with closed up plug , .75" knockouts on each side for surface conduit entry v Clear prismatic borosilicate glass reflector is thermal/shock resistant ° ; Computer designed and precision formed specular aluminium reflector M z ; All electrical components in front housing with quick disconnect for ` - . ease of installation/service. Lightweight back plate is easily attached to wall ......... • Quick disconnect eases front housing installation '` ....... ...... ..... Gaskets are long lasting silicone rubber • UL 1598 listed for wet locations • Dark bronze polyester powdercoated finish for excellent impact, M corrosion and UV resistance ORDERING INFORMATION: 12gartralAr - COMPLIANT Example: (D453-50- 1-I~T•FV1T-BZoLP) D453 - - Q - � - - - 4 Horizontal Wall Sconce M - Metal Halide EB - 1201277V Electronic Ballast Q - Quartz Restrike T4 Lamp S - High Pressure Sodium DT - 120/277V LP - Lamp with fixture C - Compact Fluorescent I MT • 120/208/240/277V WDF - Wired Double Fuse` ® WSF - Wired Single Fuse' • ' � PC - Photocell' 50 - 50W ST - Spot Throw EMB - Emergency Backup' rte: 70 . 70W WT - Wide Throw CWEMB - Cold Weather 100 - 100W Emergency Backup' = 150 - 150W 175 - 175W 126 - (1 ) 26W CFL l3Z - Bronze' 132 - (1 ) 32W CFL BL - Black 142 - (1 ) 42W CFL WH - White CU - Cuslom2 Standard color for this fixture 2 Contact factory for custom finishes Available on Compact Fluorescent Units Only Please specify voltage (eg. 120V) For environments less than 0•C D E C 0 ry ' G H T € N {a ©2008 Deco Lighting • "The Brand Name for Quality" A division of Deco Enterprises, Inc. v 1'1'1 I ell, e 'ell s � r�q ;� - C 3 O J ° p 3 cc o m N W • yl U3 CL i yy ' s Yz x&5�"• ' ,, m N N lee �� y ^{ �it': iL J m O. N n sf a r c °�` "f��!- f1 N Q, m m �/� ! +lJ . "rs s r O 00 an d -u c / We 'w m T N fsm S W N J O T O O. N C N O A A r-4• CD CD F 3v 3 N L' O A W N ell O N ! W cp y F ° ° DISTANCE IN UNITS OF MOUNTING HEIGHT ! — r �.,� > m el r lee ele� j O .--t 0 / _ ♦ 'fin lee ': Do $ '>ell 7 y x i`:; c O O J d e r F 2 3 e O Ln N W Z J •]-. N C N 0 j 3 F . . _ m c x m v (D J p x t0 Y >• ° z N Z m n m 2 o N Q m m -0 c) -0 C7 _ N 3 o o o 0 ap W 3 m n� m_ 3 n o y o o m m " co n ° N o a =3 �# <. C N 0 A �y cr (n . . N 3 a 6 `G CD m � N N O 3 N O O DISTANCE IN UNITS OF MOUNTING HEIGHT O m m fD N, CD cn 9 n N � 0 � � d � Wl South Hill Business Campus South Lobby Entrance PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. The proposed project will require sign variance(s) from the Zoning Board of Appeals . C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in Cl-059 Explain briefly : None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or Waal); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmettfaf impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Planning Board IL Name of Lead Agency Preparer' s Signature of different fr R ponsible Officer) Rod Howe, Chairman Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Signature of Responsible Officer in Lead Agency o � aWEE D SEP 10 2009 ® ® ® ® ® ® 11 Town Assigned Project ID Number TOWN OF ITHACA PLANNING / ENGINEERING Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION To be completed by A plicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name South Hill Business Campus Linda Luciano , Property Mgr , South Lobby Entrance 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map: ) 950 Danby Rd . , Ithaca , NY 14850 Southwest face of original factory building - See attached Tax Parcel Number: 39 - 1 - 1 . 2 4. Is proposed action : NEW ? EXPANSION ? MODIFICATION/ALTERATION? X 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): See Attached (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initial) 0-5 rs . 1 Acres (6- 10 rs) > 10 rs) Acres 7. How is land zoned presently? Planned Development Zone lZ pf<- 8. Will roposed action comply with existing zoning or other existing land use restrictions? Yes NO X If no, describe conflict briefly: 2aCkS 5r al Vu i MN (s) fl� 9. Will proposed action lead to a request for new: Public Road ? YES NO —.X. Public Water? YES NO _.X. Public Sewer? YES NO _ 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial X Industrial _ (X Agriculture Park/Forest/Open Space Other Please Describe: Across from Ithaca College , next to Emerson and Ithacare <; as well as , some residential and open areas 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency ( Federal, State, Local?) YESX NO If yes, list agency name and permit/approval/funding: NYS DEC Notification 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Linda T. i i ano Signature and Date: ��/� � r n /).(� ) �' � (� U(j TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, DECEMBER 15, 2008 7 : 00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, December 15 , 2008 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P .M. , on the following matters: APPEAL of Paul Timothy Adams, Owner/Appellant, requesting area variances from the requirements of Chapter 270, Article IX, Section 270-71 , Subsection B , to allow insufficient rear yard setback on a property located at 119 Salem Drive, Town of Ithaca Tax Parcel # 70 .- 10- 1 . 5 , a Medium Density Residential (MDR) Zone. APPEAL of Mark & Karen Hartsukyer, Owners, Ernie Bayles, Appellant/Agent, requesting area variances from the requirements of Chapter 270, Article VII, Section 270-47 Section (B), to allow insufficient rear yard setback, and Chapter 270, Article VII, Section 270-48 , to allow a building to exceed 10% of the lot size on a property located at 819 Taughannock Boulevard, Town of Ithaca Tax Parcel #25 . -2-40, a Lakefront Residential (LR) Zone. APPEAL of the South Hill Business Campus, Appellant, Kristin Gutenberger, Agent, requesting an interpretation of the requirements of Chapter 271 , Section 271 - 13 (13)( 15 )(b) and Chapter 271 , Section 271 - 13 (I)(5 ) of the Town of Ithaca Code, to allow an expansion of a business that would have storage and/or handling of combustibles and hazardous materials and to be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road, Town of Ithaca Tax Parcels #39- 1 - 1 . 1 and - 1 . 2, Planned Development Zone # 12 (PDZ # 12) . 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 hearings. Bruce W. Bates Director of Code Enforcement 607-273 - 1783 Dated: December 5 , 2008 Published: December 8 , 2008 ADOPTED RESOLUTION ZB RESOLUTION NO . 2008=078 Request for Interpretation South Hill Business Campus 950 Danby Rd Tax Parcel No. 39 .- 1 - 1 . 1 and 39 . 44 . 2 December 15, 2008 MOTION made by Kirk Sigel , seconded by Dave Mountin . RESOLVED , that this board makes the determination that Chapter 271 , Section 271 - 13 ( B )( 1 5 )( b ) be interpreted to mean a use where a primary activity is the manufacturing or storage of explosives and gas , oil , and other flammables or petroleum products , and be it further RESOLVED , that this board makes the determination that the particular applicant before the board , Primet Materials , does not fall under that exemption and that their use of the manufacturing and or storage of any explosives and gas , oil , and other flammables or petroleum products is not a primary activity of their business and therefore they are an allowed manufacturing activity in this zone . A vote on the motion resulted as follows : AYES : Sigel , Krantz, Niefer, Mountin , Mann . NAY: None . The motion was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular , meeting on the 15th day of December 2008 . GS First Deputy 1Fdwn Clerk Town of Ithaca FILE API DATE y a24 Zoning Board of Appeals 215 North Tioga Street, Ithaca , NY 14850 Monday, December 15, 2008 7 : 00 PM Present Board Members: Kirk Sigel ( Chairperson) , Harry Ellsworth , Ron Krantz, James Niefer, David Mountin , Susan Mann (alternate):, Staff Members : Carrie Coates Whitmore , First , Deputy Town Clerk; Susan Brock , Attorney for the Town ; Bruce Bates, Director of Code Enforcement; Christine Balestra , Planner, Excused Andrew Dixon , alternate. Others Linda Luciano , Brian DuPell , Larry Thomas, Matt Kluczauk , Andy Sciarabba , Kristin Gutenberger, Michael Pinnisi , George Brewhaus, Paul Timothy Adams , Mark Hartsukyer, Ernie Bayles. Call to Order Chairperson Sigel called the meeting to order at 7 : 05 p . m . He welcomed .everyone to the December meeting of the Town of Ithaca Zoning Board of Appeals and announced there were three appeals before the board . r ti Zoning Board of Appeals December 15, 2008 Minutes Final APPEAL of the South Hill Business Campus , Appellant, Kristin Gutenberger, Agent, requesting an interpretation of the requirements of Chapter 271 , Section 271 = 13 ( B)( 15)( b) and Chapter 271 , Section 271 = 13 ( 1)(5) of the Town of Ithaca Code , to allow an expansion of a business that would have storage and/or handling of combustibles and hazardous materials and to be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road , Town of Ithaca Tax Parcels #39= 1 - 1 . 1 and - 1 .2 , Planned Development Zone #12 ( PDZ #12 ). Kristin Gutenberger appeared before the board on behalf of South Hill Business Campus. She introduced herself, Andy Sciarabba , Linda Luciano , and George Brewhaus to the board . 7 Y J Zoning Board of Appeals December 15, 2008 Minutes Final Ms . Gutenberger clarified that the applicant was seeking an interpretation of the Planned Development Zone language as it relates to the entire parcel . She then gave a brief summary of the applicant' s interpretation request. Mr. Brewhaus added an explanation of how hazardous materials are covered in the New York State Building and Fire Code . The code gives a chart that lists hazardous materials with specified quantities and as long as the quantities are not exceeded , the basic underlying occupancy of the building does not change . Discussion then turned to board member questions and comments. Mr. Ellsworth noted that the potential tenant was a development lab and not a manufacturing facility. To Mr. Ellsworth that meant the materials being used would change frequently and he wondered how that would be monitored . Ms . Gutenberger responded that research and development facilities are permitted by right , but the Code does not allow a manufacturing business to have storage of any type of hazardous materials. Mr. Brewhaus added that the quantity of hazardous materials should be taken into consideration with regard to the occupancy rating of the tenant. Mr. Bates explained that the tenants are subject to fire safety inspections and during the inspections the business is required to produce the MDS sheets. Code Enforcement Officers then verify the quantity of material on record . Chairperson Sigel interpreted section 15b to be prohibiting a use where the primary activity of the business was the manufacturing or storage of explosives and gas , oil and other flammables or petroleum products . He thought that was the argument being presented by Ms. Gutenberger and she agreed . An agent for Primet added that Primet is not in the business of storing hazardous or flammable material . He explained that Primet would have the storage and use of hazardous materials monitored . Mr. Bates noted that the materials discussed the use of Nanodust (? ) in Primet' s manufacturing process and he asked that the use and properties of the material be explained . Larry Thomas, Primet President , explained that Primet is a process technology company. The company manufactures fine particles to the nano-fine level . At that point the particles are entirely bound up in a liquid system that might be 10 % solids and 90 % by weight. In the manufacturing process , they do take particles that might be micron-sized and grind them down to a nano-fine level in a carrier solvent. Their finished product is typically in the carrier solvent. Mr. Bates asked if the end product was a stable product or if it was rated as a hazard . Mr. Thomas responded that typically the hazard category of their finished product form is governed by the solvent that it' s in . If their finished product is titanium dioxide and it is in isopropyl alcohol the MSDS will be primarily concerned with the properties of the alcohol . They would never have an amount on site that exceeded the allowable amounts under fire code . The board and Mr. Thomas continued to discuss aspects of Primet' s manufacturing process . Chairperson Sigel redirected the board ' s discussion back to Section 271 - 13 ( B )( 15 )( b) of the Town Code . He was more comfortable making an interpretation where he adds a 8 'v Zoning Board of Appeals December 15, 2008 Minutes Final few words to 15b . He suggested adding , "a use where a primary activity is" to the beginning of the section noted . Chairperson Sigel thought this was more appropriate than trying to claim what the Town Board meant when they passed the law. He explained he was proposing that the board interpret the section to make it narrower such that it would only be a use where a primary activity is the manufacturing or storage of explosive , and gas , oil and other flammables or petroleum products. Then where the manufacturing or storage is an incidental part of the manufacturing process , the business would be allowed . He thought the Town Board did not want businesses such as a petroleum distributor or someone in the business of manufacturing flammable chemicals to occupy the building . Ms. Mann argued that isopropyl alcohol was not an incidental part of Primet' s manufacturing process ; it is a fundamental part of their process . Chairperson Sigel did not consider the production of isopropyl alcohol as a primary activity of Primet because they do not produce it ; they buy, they use it, and it might be used as a medium to deliver a product in . He suggested if the board made that determination , the board could then make a specific finding that Primet does not fall under the exemption . Ms . Gutenberger reiterated to the board that South Hill Business Campus was seeking an interpretation overall and not just in regard to Primet. Chairperson Sigel agreed ; the finding where the use a primary activity is that would apply to the Code—meaning it would apply to any future person or entity failing under the Code would be subject to the same condition . He hoped the interpretation would make it easier in the future for the Code Enforcement Officers to make determinations . Chairperson Sigel then brought up site plan review issue and he was not comfortable saying what the Town Board meant was that it should not apply to any hazardous substances that would be allowed in the current occupancies in the building because that would essentially do away with site plan review for anything in the building . He thought the Town Board wanted site plan review for something that involves the use of transport , storage , or disposal of hazardous substances ; he believed that the Town Board intended it to apply to something meaningful . Ms. Gutenberger commented she did not know what would trigger that review. Chairperson Sigel did not know either, but if he took a conservative approach it may apply to anything beyond a typical office use. He spoke with Jonathan Kanter earlier in the day and Mr. Kanter thought that the site plan review law was intended to give him the latitude to evaluate whether he thought it met a threshold that required site plan approval . Chairperson Sigel was unsure if the board would feel comfortable broadening the language as much as the applicant proposed . He explained that in the industrial zone , every change of use requires site plan approval . The manufacturing activities are essentially industrial zone uses . Chairperson Sigel noted that the applicant had not received a determination letter stating that Primet would need to go through the site plan review process . At this point , he was not inclined to make an interpretation with regard to that because a determination has not been made . 9 r' Zoning Board of Appeals December 15, 2008 Minutes Final The board discussed with the applicant the language in Section 271 - 13 ( 1 )(5 ) . Ms. Gutenberger wondered at what step in the process the determination was made whether or not a potential tenant needed to go through the site plan review process. Mr. Bates was unsure of how the Town had handled it in the past, but generally he thought that it would need to go through the Planning Board process before a permit was issued . He was not sure if there was a procedure set as to what needs to be done in what order. Ms . Mann asked if Chairperson Sigel was uncomfortable making a similar interpretation to 15 as was made with B15 . Chairperson Sigel concurred because 15 is not in the context of just manufacturing . The wording is also different ; it says , "the occupancy or use does not involve the on site transport, use, storage . . ." . He thought that up until now the Director of Planning had determined that things like office products are not hazardous substances. Chairperson Sigel suggested that the board wait and see how the site plan review determination is made and how that process goes. Mr. Pinnisi spoke to the board regarding the site plan review process and noted it would be a hardship to Primet because it has invested a lot of time , energy and money into the planning process to build an extremely safe facility. Discussion continued regarding establishing criteria for when a tenant needs to. go through the site plan review process . Ms . Gutenberger suggested that the occupancy rating be used as a threshold and Mr. Brewhaus suggested that compatibility with other tenants be taken into consideration when determining whether or not site plan review is needed . Chairperson Sigel argued that there is a wide variety of tenants at South Hill Business Campus and it would be difficult for Town staff to determine what businesses are compatible or similar to existing tenants . He explained that the Zoning Board determines compatibility on a case by case basis when it reviews variances ; the responsibility is not delegated to Town staff. Ms. Mann made comparisons between 15 and B15 and noted that there is not language included in the Code that portrays intent of the Town Board , Chairperson Sigel thought it was important to keep in mind that there is a difference between determining whether or not something is allowed and determining whether or not the tenant needs to go to . the Planning Board for site plan approval . Ms . Mann stated that Section I was reading that the Town does not want to have to give site plan approval every time there is just a change in tenant ; it is either the same use or from a use of right to a use of right. Ms . Brock added that is true unless 1 ( 5 ) applies . Ms . Mann agreed , but does it mean 5 incidental , 5 primary, or 5 anything . She understood that Chairperson Sigel was saying that 15b was a different context of . discussion , but she thought it was consistent because of the choice of words. In general , they are not trying to go after the incidental—the small incidental stuff that will be governed by fire protection codes anyway. 10 'v Zoning Board of Appeals December 15 , 2008 Minutes Final Chairperson Sigel did not think it was unreasonable to read it that way; he just was not comfortable with reading it in that way. Ms . Mann agreed that they may still need to go through site plan approval because they cannot argue that some parts of it are incidental or that other ones where there is a use of right would not have an incidental use . Mr. Mountin added that the pragmatic side for him was that if class occupancy rating changes would trigger site plan review. It is important to him if it is a class change . Ms . Brock asked why the Town Board did not say that then . Mr. Mountin responded that they probably did not know about it. Mr. Bates stated how he can interpret this when you read what it says is that if it meets the requirement of the Planned Development Zone it does not need to go before the Planning Board , but then except if it meets that requirement and the applicant meets that requirement. He asked if it meant that everything must go before the Planning Board ; it does under his interpretation . Chairperson Sigel asked how many tenants have occupied the building since the Planned Development Zone was approved . Ms . Luciano answered that they currently have 34 tenants and they had approximately 10 tenants when the PDZ was enacted . Chairperson Sigel then asked how many of those tenants had come before the Planning Board for site plan review and Ms . Luciano responded none . Chairperson Sigel then commented that the current language in the Code must be working to the applicant' s favor if none of the 24 new tenants have needed to come before the Planning Board for site plan review. He had to assume that all applications were checked to see if they needed to go through site plan review. Mr. Sciarabba thought it would be a good compromise to use an increase in the occupancy rating as a trigger to going to the Planning Board for site plan approval . Chairperson Sigel explained that the Planning Board is obligated to grant site plan approval for applicants meeting the criteria . He pointed out that as a Zoning Board member he has to assume that the Town has been enforcing the law up until now and if the enforcement of the law has resulted in zero trips to the Planning Board then he is hesitant to fix something that doesn't appear broken . Chairperson Sigel was more comfortable interpreting the section of law more narrowly than the applicant was looking for. Ms . Gutenberger responded that using an increase in the occupancy rating under the New York State Fire and Building Code would also then allow for review of tenants that don 't need building permits. There are certain tenants where if the space is already built and they can come in , they don 't even need to go through the building permit applicant process. Mr. Bates explained that a change in use would trigger a permit . Ms . Gutenberger responded that if it is a permitted of right use to another permitted of right use they wouldn 't need to go through site plan . Mr. Bates added that they would still need to apply for a building permit for a change of use because the Town would still need to conduct Fire Safety Inspections in the space . Ms . Gutenberger reiterated that a change in occupancy rating should be the trigger for site plan review. Mr. Bates explained that the language the applicant used was as permitted right ; in other words , 11 Zoning Board of Appeals December 15, 2008 Minutes Final there are different occupancies permitted in the building , but just because it is an allowed use under the zoning , the applicant would still need to apply for a building permit if it is a different tenant that is not the same occupancy that is there . He added that if the tenant is rated B and another tenant occupies the space with a B rating then there is not a problem . If the current tenant is rated B and an F rated tenant occupies the space , then it is a problem . Ms. Mann suggesting adding "increase" to the language in H2 and 1;5 . That means if the occupancy rating is increased , the tenant would need to go through `tsite plan review process. Chairperson Sigel asked if Ms . Mann thought that was what the Town Board meant. More discussion occurred regarding what the Town Board meant when they wrote the language . Mr. Ellsworth stated that since QPK was involved with Primet he needed to recuse himself because his son was an architect for QPK. '; Chairperson Sigel noted that Ms. Mann would be voting on the resolution in place of Mr Ellsworth . Chairperson Sigel asked for the opinions of other board members . Ms . Brock thought that by using incidentals as a threshold , the Zoning Board would not be making assumptions about what the Town Board was thinking . Incidental seems more consistent in general with the language . Ms . Gutenberger supported that interpretation . In response to an inaudible comment , Ms . Brock responded that it is the Zoning Board ' s jurisdiction to review the determination , interpretation , or decision of a6 official . If there is not one , she questioned the board ' s ability to review something that was not there . She noted that the Director of Planning had not made a determination as to whether or not site plan review would be required . Mr. Pinnisi argued that site plan review should not be required for this tenant just as there has not been site plan review for other tenants in the building . Referring to Mr. Bates' s letter to the applicant , Chairperson Sigel noted that he did not see a determination regarding site plan approval and whether or not it was required . Chairperson Sigel reiterated that the Director of Planning had not made the necessary determination . Ms . Mann understood that that meant the board could not make a determination because there was not a decision . Ms . Brock concurred . Ms . Mann went on to say that once 15b is addressed , 15 and H2 would go away. Ms . Brock explained that if the board decides it is a permitted use, the board still needs to know whether site plan approval is needed . If the board decides it is not a permitted use , then the board does not need to worry about site plan . Chairperson Sigel stated that if for some reason Mr. Kanter decides site plan approval is needed , the applicant could appeal the decision to the Zoning Board . He did not think the board could make an interpretation absent a determination having been made . The board further discussed Mr. Bates' s letter to the applicant . Chairperson Sigel explained that there are times when Town staff tries to point out the next step in a process to an applicant. He apologized that a decision wasn't forwarded so a 12 Zoning Board of Appeals December 15, 2008 Minutes Final determination could have been made in time for the meeting . Ms. Gutenberger confirmed that the next step was to wait for Mr. Kanter to make his decision and then possibly come back to the board for the same discussion . She then asked what the order would be for seeking a determination . Would they submit a building permit application and have that forwarded to the Planning Department? Mr. Bates did not think there was a procedure set as to which comes first. Sometimes an applicant goes to the Planning Board first and then obtains a building permit ; sometimes an applicant applies for a building permit and then is referred to the Planning Board . Mr. Bates stated that he has been working on establishing a procedure since he started with the Town . He thought at this point it would need to go to Mr. Kanter for his review and determination . Ms. Brock added that the review could immediately go to Mr. Kanter without having to apply for a building permit first. With no further questions or comments, Chairperson Sigel opened the public hearing at 7 : 23 p . m , and invited the public to address the board . There being no one , Chairperson Sigel closed the public hearing at 7 : 23 p. m . Chairperson Sigel moved that the boards make the determination that Chapter 271 , Section 271 - 13 ( B )( 1 5 )( b ) be interpreted to mean a use where a primary activity is the manufacturing or storage of explosives and gas , oil , and other flammables or petroleum products ; and that the board makes the determination that Primet Materials does not fall under the exemption and that their use of the manufacturing and or storage of any explosives and gas , oil , and other flammables or petroleum products is not a primary activity of their business and therefore Primet is an allowed manufacturing activity in the zone . Mr. Mountin seconded . ZB RESOLUTION NO. 2008=078: Request for Interpretation, South Hill Business Campus, 950 Danby Rd, Tax Parcel No. 39.- 1 - 1. 1 and 39.44. 2 MOTION made by Kirk Sigel, seconded by Dave Mountin. RESOLVED, that this board makes the determination that Chapter 271 , Section 271 - 13 (B) (15)(b) be interpreted to mean a use where a primary activity is the manufacturing or storage of explosives and gas, oil, and other flammables or petroleum products, and be it further RESOLVED, that this board makes the determination that the particular applicant before the board, Primet Materials, does not fall under that exemption and that their use of the manufacturing and or storage of any explosives and gas, oil, and other flammables or petroleum products is not a primary activity of their business and therefore they are an allowed manufacturing activity in this zone . A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin, Mann . NA Y' None, 13 I A ,Y PINNISI & ANDERSON , LLP BANK OF AMERICA BUILDING 111 NORTH TIOGA STREET , SUITE 200 ITHACA , NEW YORK 14850 - 4319 11 - ------�--- PINNISIANDERSONCOM ( 607 ) 257 - 8000 ` ( fax ) 257 - 0990 l k + OF M4A,rA December 10, 2008 4 Delivered by hand and by e-mail Mr. Bruce W. Bates Director of Code Enforcement Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : South Hill Business Campus Request for Interpretation of Planned Development Zone # 12 Dear Mr. Bates : I write on behalf of Primet Precision Materials, Inc . in connection with the above-referenced matter, to advise you of Primet's support of the request. Enclosed for your reference and for distribution to the Zoning Board is a letter by Mr. Brian DuPell, Vice President of Primet, in support of the application. In substance, Primet reports its intention to comply with the NYS Fire & Building Code in connection with its use of flammables, and its belief that Planned Development Zone # 12 should be interpreted to permit such use of flammables. The contention makes powerful sense, as the Planned Development Zone must have contemplated some reasonable storage and use of flammables, as it is impossible to conduct business without them, and Code compliance provides adequate assurance of safety in the kind, amount, and use of such materials without having to resort to use variances or petitions to amend to address the issue. Please note my intention to attend the December 15 , 2008 hearing in this matter with a Primet representative, in order to address any questions the Board may have regarding Primet's business, and to otherwise support the application. Thank you for this opportunity for input, and for your consideration. Please let me know if Primet can further assist your efforts in connection with this matter. Very truly yours, j Michael D. Pinnisi n Mr. Bruce W. Bates — 2 — December 10, 2008 enc . cc : Susan Brock, Esq. , Town Attorney Kristin Gutenberger, Esq. , for SHBC I Vam PRIMIT 0M I I cos r PRECIBICN MATERIALS 950 Danby Road a F ITO? A,C;A Suite 204 G<`. ; ' ; lW, A :70 ?_t !C' . ...... Ithaca, NY 14850 607.277.0700 tel 607.277, 1530 fax www.primetprecision.com Primet Precision Materials, Inc . (Primet) provides this letter in support of an appeal by South Hill Business Campus (SHBC) for an interpretation of Section 271 - 13 , Planned Development Zone No . 12 , of the Town of Ithaca Code (Town Code) to allow the use and storage of flammable and hazardous substances at SHBC to the extent permitted by the New York State Building and Fire Code (NYS Code), without need for a modified site plan. Primet seeks this interpretation to avoid interruption of its plans to expand research and light manufacturing operations in SHBC that involve the use of such substances in amounts and manners consistent with the NYS Code . Primet' s Business Primet is an advanced materials processing company with innovative technologies capable of producing materials in the micron to nanometer range . The company' s products include engineered particles and ready-to-use suspensions of many complex materials, ranging from industrial materials like titania to designer materials used in emerging energy storage and conversion, colorant, and other specialty applications . Primet' s process has separated material synthesis from particle synthesis, which allows us to obtain materials using the best method for synthesizing the material and then convert that material to the appropriate engineered particle, In this way, we can create application-specific engineered particles optimized in a wide range of sizes, shapes and surfaces . Primet develops superior products, and anticipates strong growth during the next several years . Primet' s Facility Requirements Primet moved its business to Ithaca in 2003 , taking lab and administrative space in the Therm property at 1005 Hudson Street Extension. Primet outgrew this facility, and moved its administrative and sales functions to SHBC in 2007 . Operation from these two separate locations was not ideal, and Primet is nearing completion of the architectural and engineering designs for a consolidated 10,000 square foot facility at SHBC that will house all laboratory, manufacturing, and business functions . T . More specifically, the facility will be used ( 1 ) to develop new products and new technologies in three separate but adjoining labs, (2) to perform pilot plant, scale-up and low volume manufacturing of our products, and (3 ) to conduct all sales and general management activities . We hope to lease more adjoining floorspace as our business continues to expand. High volume manufacturing involving large amounts of materials and solvents will be located elsewhere, likely closer to large customers or strategic raw materials . As a consequence, Primet has no intention to use quantities or kinds of flammables that would contradict NYC Code provisions applicable to an F- 1 classification at the SHBC facility. Primet Use of Flammable Solvents Primet ' s business is not to manufacture flammables, nor to act as a storage facility for flammables . Rather, we produce particles of varying sizes and dimensions . This typically requires the use of liquids as particle carriers, and sometimes also as dispersants within the carrier medium. We use water as the particle carrier whenever possible because of its low cost, high safety, and other factors . We use flammable or carriers, such as isopropyl alcohol, only when we cannot achieve sufficient dispersion using water alone. Primet does not use solvents as a raw material or sell solvents as products ; they are simply an aid in processing . To put Primet' s use of flammables into perspective, the largest single usage of a flammable in our process has been isopropyl alcohol . Commonly known as "rubbing alcohol", this substance is found on the shelves of any pharmacy or grocery in Ithaca. Every hardware, paint, and building supply retailer in the area stocks flammables and hazardous materials in greater quantities than Primet would be allowed in an F- 1 classification under the NYS Code. Primet' s operations at the new facility involving flammables are intended to conform to all requirements of the NYS Code, which includes recognized standards for the storage of all hazardous and/or flammable substances that Primet intends to use. The handling of all such materials by Primet employees will be subject to operating procedures that are designed to reduce the risk of spillage or combustion. Our engineering plans for the facility aim to meet or exceed all applicable NYS Code requirements for the materials . Examples of precautions we intend to take include, without limitation, the incorporation of dikes, trenches and floor coatings to improve the containment of any spills, and the inclusion of an extra fire-barrier layer in the ceiling of the solvent use area. Agreement with SHBC re Interpretation of the Town Code The Town Code allows any lawful manufacturing activity at SHBC except for (a) arsenals, blast furnaces, boiler works, foundries (iron, steel , brass or copper) , metal ores, smelting, planing mills, rolling mills, stockyards or slaughterhouses, and (b) the manufacturing or storage of explosives, gas or oil, or other flammables or petroleum products . Section (a) is plainly inapplicable to Primet' s business . Section (b) is applicable only to the extent that Primet will store and use certain flammable materials, in kind and manner permitted by the NYS Code . Primet agrees with SHBC that the zoning authority' s original intent in the Town Code was to prevent only the activities set forth in Section (a) and activities described in Section (b) that would not conform to the NYS Code . Section (b) cannot be read reasonably to prohibit all flammables from the premises . If so , tenants could not stock paper, or copier toner, or correction fluid, or even rubbing alcohol in a first aid kit. Certainly, . reasonable use of flammables was contemplated by all concerned. This interpretation is consistent with Town Code permitted uses of manufacturing and research, as virtually any laboratory or light factory will store and use some quantity of flammable and hazardous substances . An absolute ban of all flammable and/or hazardous substances from the facility would contradict all or virtually all permitted uses for the facility, causing Primet to conclude that a ban could not have been the intent of the Town Board, as SHBC states . The NYS Code provides a well-recognized standard for ensuring safe storage and handling of the flammables Primet intends to use . The Town Code plainly did not intend to ban all flammables from the building, and it does not reject the NYS Code or provide any alternate standards . It thus seems reasonable and best to conclude that applicable NYS Code provisions should govern the storage and use of flammables at SHBC . Conclusion Primet therefore supports SHBC ' s application for an interpretation of the Town Code that will permit storage and use of flammable and/or hazardous substances at SHBC as and to the extent permitted by the NYS Code . At a minimum, Primet asks that its intended use of the SHBC facility be found permissible . Thank you for your consideration of this submission. Respectfully yours, tan DuPell Vice President Primet Precision Materials, Inc . ' TABLE 2703.1 .1 (1 )-(continued) ' MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIALS POSING A PHYSICAL HA2ARDa, 1, m, n GROUP STORAGE USE-CLOSED SYSTEMSb USE-OPEN SYSTEMSb O WHEN THE C MAXIMUM N ALLOWABLE Solid Liquid Gas Solid Liquid Gas Solid Liquid QUANTITY IS pounds gallons cubic feet pounds gallons cubic feet pounds gallons MATERIAL CLASS EXCEEDED (cubic feet) (pounds) at NTP (cubic feet) (pounds) at NTP (cubic feet) (pounds) m M Oxidizer 4 H-1 lg (1)e, 9 Not 0.259 (0.25)9 Not 0.259 (0.25)9 n 3k H-2 or H-3 lod• a (10)d, a Applicable 2d (2)d Applicable 2d (2)d 2 H-3 250d' a (250)d' a 250' (250)d 50d (50)d 1 Not Applicable 49000`;' (4,000)e91 4,000' (4,000)1 110001 (19000), m Oxidizing gas Gaseous H-3 Not Not Applicable 1,5004 a Not Not Applicable 1 ,5001, a Not Not r Liquefied Applicable 15d• a Not Applicable Applicable 15d• a Not Applicable Applicable Applicable � Pyrophoric Not Applicable H-2 4e• 9 (4)e• g 50e9 9 lg (1)g l0e• 9 0 0 U) Unstable (reactive) 4 H-1 le, g (1)e• 9 LNotLimited 0.259 (0.25)9 leg 9 0.259 (0.25)9 Z 3 H-1 or H-2 5d, e (5)d, e id ( 1)d lode id (1)' m 2 H-3 504 a (50)d, a 50d (50)d 2504, e l Od (10)d 1 Not Applicable Not Limited Not Limited Not Limited Not Limited Not Limited Not Limited Not Limited Water reactive 3 H-2 5de (5)d, e Not 5d (5)d Not id ( 1 )d 2 H-3 50'9a (50)49a Applicable 50d (50)d Applicable lod (10)d 1 Not Applicable Not Limited Not Limited Not Limited Not Limited Not Limited Not Limited For SI: 1 cubic foot = 0.02832 m', 1 pound = 0.454 kg, 1 gallon = 3.785 L. a. For use of control areas, see Section 2703.8.3. b. The aggregate quantity in use and storage shall not exceed the quantity listed for storage. c. The quantities of alcoholic beverages in retail and wholesale sales occupancies shall not he limited providing the liquids are packaged in individual containers not exceeding 1 .3 gallons. In retail and wholesale sales occupancies, the quantities of medicines, foodstuffs, consumer or industrial products, and cosmetics containing not more than 50 percent by volume of water-miscible liquids with the remainder of the solutions not being flammable shall not be limited, provided that such materials are packaged in individual containers not exceeding 1.3 gallons. d. Maximum allowable quantities shall be increased 100 percent in buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3. 1 . 1 . Where Note a also applies, the increase for both notes shall be applied accumulatively. e. Maximum allowable quantities shall be increased 100 percent when stored in approved storage cabinets, gas cabinets, exhausted enclosures or safety cans. Where Note d also applies, the increase for both notes shall be applied accumulatively. f. Quantities shall not be limited in a building equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3. 1 . 1. r g. Allowed only in buildings equipped throughout with an approved automatic sprinkler system. mb. Containing not more than the maximum allowable quantity per control area of Class IA, Class IB or Class IC flammable liquids. n i. Inside a building, the maximum capacity of a combustible liquid storage system that is connected to a fuel-oil piping system shall be 660 gallons provided such system complies with this code. 0 j. Quantities in parenthesis indicate quantity units in parenthesis at the head of each column. mk. A maximum quantity of 200 pounds of solid or 20 gallons of liquid Class 3 oxidizers is allowed when such materials are necessary for maintenance purposes, operation or sanitation of equipment when the storage 0 containers and the manner of storage,are approved. Z 1. Net weight of pyrotechnic composition of the fireworks. Where the net weight of the pyrotechnic composition of the fireworks is not known, 25 percent of the gross weight of the fireworks including packaging shall M be used. m. For gallons of liquids, divide the amount in pounds by 10 in accordance with Section 2703. 1 .2. pn. For storage and display quantities in Group M and storage quantities in Group S occupancies complying with Section 2703. 11 , see Table 2703. 11 . 1. N a M TABLE 2703 ) a, MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIALS POSING A PHYSICAL HAZARD', (, m, n �I GROUP STORAGE USE-CLOSED SYSTEMSb USE-OPEN SYSTEMSb M ' WHEN THE MAXIMUM p ALLOWABLE Solid Liquid Gas Solid Liquid Gas Solid Liquid M MATERIAL CLASS EXCEEDED D IS pounds - gallons cubic feet pounds gallons cubic feet pounds (cubic feet) (pounds) at NTP (cubic feet gallons � ) (pounds) at NTP (cubic feet) (pounds} r Z Combustible li H-2 or H-3 Not 120d• a Not Not 1201 Not Not 30d m liquid`, ' IIIA H-2 or H-3 Applicable 330d• a Applicable . Applicable 3301 Applicable Applicable 801 BIB Not Applicable 13,200` ' 13,200' 3,300' 7 Combustible fiber Loose H-3 (100) Not Not (100) Not Not (20) Not 1 Baled (1000) Applicable Applicable ( 1000) Applicable Applicable (20(1) Applicable A T1 Cryogenic Not H-2 Not 45d Not Not 45d Not Not lod Flammable Applicable Applicable Applicable Applicable Applicable Applicable Consumer fireworks 14G H-3 125d• e• I Not Not Not Not Not Not Not (Class C Common) Applicable Applicable Applicable Applicable Applicable Applicable Applicable Cryogenic Not H-3 Not 45d Not Not 45d Not Not lod Oxidizing Applicable Applicable Applicable Applicable . Applicable Applicable Explosives Division 1 . 1 H-1 le, g (1)e• g Not 0.259 (0.25)9 Not 0.259 (0.25)9 Division 1 .2 H-1 le, g (1)`9 1 Applicable 0.259 (0.25)9 Applicable 0.259 (0.25)9 Division 1 .3 H- 1 or H-2 5e• 9 (5)e• 9 Ig ( 1 )g Ig (1 )e Division 1 .4 H-3 50e• 9 (50)`• 9 509 (50)9 Not Applicable Not Applicable Division 1 AG 125(• es ' Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Division 1 .5 H-1 le• g (1)e, 0.258 025 0.59 .2 9 H- 1 4e g ( )B (0.25) Division 1 .6 H- 1 1 Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Flammable gas Gaseous H-2 Not Not Applicable I,000d• a Not Not Applicable 1 ,0001• a Not Not Liquefied Applicable 309• a Not Applicable Applicable 30d• a Not Applicable Applicable Applicable 2 Flammable liquids` 1A H-2 Not 30d•• a Not Not 301 Not Not lOd or Applicable Applicable Applicable Applicable Applicable IB and IC H-3 120(9 a 1204 30d 0 C U) Combination Not H-2 Not 120d• e• h Not Not 120d• h Not Not 30d• b 3 Flammable liquid Applicable or Applicable Applicable Applicable Applicable Applicable (IA, IB, IC) H-3 M s r Flammable solid Not H-3 125d• a Not Not 1254 Not Not 25d Not Applicable Applicable Applicable Applicable Applicable Applicable M Organic peroxide UD H- 1 le, g (1)e• g Not 0.259 (0.25)9 Not 0.259 (0.25)9 Z m I H-2 YLe (5)d, e Applicable 1a (1)a Applicable 1a ( 1 )a a II H-3 50d• e (50)(• e 50d (50)d lod (10)d ro III H-3 125,• a ( I 25)d, a 1254 (125)d 25d (25)d O IV Not Applicable Not Limited Not Limited Not Limited Not Limited Not Limited Not Limited N V Not Applicable Not Limited Not Limited Not Limited Not Limited Not Limited Not Limited 2 N (continued) p TABLE 2703.1 .1 (2) n MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIAL POSING A HEALTH HAZARDatb9`J D STORAGEd USE-CLOSED SYSTEMSd USE OPEN SYSTEMSd 7 T! Liquid Liquid Liquid n Solid gallons Gas Solid gallons Gas Solid T1 MATERIAL pounds4 ' (pounds)'] ' cubic feet at NTP° unds° unds ° cubic fast at NTP° gallons pounds° (pounds)° Corrosive 59000 500 810f, g 59000 500 810f• g 1 ,000 100 D Hi toxic 10 (10y 20d 10 10 20e 3 (3 Toxic 500 (500Y 810f 500 500 ' 81 Of 125 ( 125)' iFor SI: 1 cubic foot = 0.02832 m3, 1 pound = 0.454 kg, I gallon = 3.785 L. n a. For use of control areas, see Section 2703.8.3. b. In retail and wholesale sales occupancies, the quantities of medicines, foodstuffs consumer or industrial products, and cosmetics, containing not more than 50 percent by volume of water-miscible liquids and with the remainder of the solutions not being flammable, shall not be limited, provided that such materials are packaged in individual container; not exceeding 1 .3 gallons. c. For storage and display quantities in Group M and storage quantities in Group S occupancies complying with Section 2703. 11 , see Table 2703. 11 . 1 . d. The aggregate quantity in use and storage shall not exceed the quantity listed for storage. e. Maximum allowable quantities shall be increased 100 percent in buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3. 1. 1 . Where Note f also applies, the increase for both notes shall be applied accumulatively. f. Maximum allowable quantities shall be increased 100 percent when stored in approved storage cabinets, gas cabinets, or exhausted enclosures. Where Note a also applies, the increase for both notes shall be applied accumulatively. g. A single cylinder containing 150 pounds or less of anhydrous ammonia in a single control area in a nonsprinklefed building shall be considered a maximum allowable quantity. TWo cylinders, each containing 150 pounds or less in a single control area shall be considered a maximum allowable quantity provided the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3. 1 . 1. h. Allowed only when stored in approved exhausted gas cabinets or exhausted enclosures. i. Quantities in parenthesis indicate quantity units in parenthesis at the head of each column. j. For gallons of liquids, divide the amount in pounds by 10 in accordance with Section 2703. 1 .2. v O c m a D r M z M a r O N C z N 1y OF 1p h 9v TOWN OF ITHACA 18 21 4 � � 04� 215 N . Tioga Street, ITHACA, N .Y . 14850 TOWN CLERK 273- 1721 HIGHWAY ( Roads, Parks, Trails, Water&Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 To : Zoning Board Members From : Bruce Bates, Director of Code Enforcement Date : December 8, 2008 RE : South Hill Business Campus (Primet Precision Materials) - Town Code Interpretation Enclosed please find materials related to the request for an interpretation of the requirements of Chapter 271 , Section 271 - 13 (B)( 15 )(b) and Chapter 271 , Section 271 - 13 (I)(5 ) of the Town of Ithaca Code, to allow an expansion of a business that would have storage and/or handling of combustibles and hazardous materials and to be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road, Town of Ithaca Tax Parcels #39- 1 - 1 . 1 and - 1 .2, Planned Development Zone # 12 (PDZ # 12) . Primet Precision Materials is leasing space on the ground floor of the South Hill Business Campus building (see appellant submission, sheet A- 1 ) and wants to expand their production operation to include the storage of materials associated with their business . The appellants have submitted a list of specific materials and the amount of materials that indicates whether the materials are flammable and/or hazardous (see attached) . Section 271 - 13 (B ) ( 15) (b) of PDZ # 12 (text of regulation included in the appellant submission) allows for manufacturing activities in PDZ # 12 , except for uses that include the "manufacturing and storage of explosives and gas, oil, and other flammables or petroleum products . " Section 271 - 13 (I) (5 ) relieves the appellant of seeking site plan approval from the Planning Board if their use "does not involve the on-site transport, use, storage or disposal of hazardous substances . The Zoning Board must therefore determine whether the proposed limited use and storage of flammables and hazardous materials) could be interpreted as allowed by the above provisions . If so, the appellant would only need to meet the safety requirements of the NYS Building and Fire Prevention Code (along with Town Building Permit requirements), and would not be required to seek site plan approval from the Planning Board. If not, then the appellant will either need to request a use variance for the proposal at a future ZBA meeting or petition the Town Board to amend the language in PDZ # 12 to allow the limited storage and handling of certain hazardous substances . The appellant may also need to seek site plan approval by the Planning Board in that case. According to 6 NYCRR 617 (State Environmental Quality Review Law), interpreting an existing code, rule or regulation is considered a Type II Action. Therefore, the Zoning Board is not required to make an environmental determination for this project. Also according to General Municipal Law Section 239, a referral to the County is not required for interpretations . Please contact me at 273 - 1747 or email me at bbates town. ithaca. ny.us with any questions regarding this project. Att. TOWN OF ITHACA NOV , 2 s Zoos I t 215 N . Tioga Street, ITHACA, N . Y. 14850 3 TOWN CLERK 273-1721 ENGINEERING 273- 1747 PLANNING 273-1747 BUILDING AND 40NING 273-.1783,: ;, HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 FAX (607) 273- 1704 Zoning Board of Appeals Application Form : SUBMIT THIS ONLY AFTER: ( 1 ) APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETERMINATION /DENIAL FROM CODE ENFORCEMENT STAFF OR (2) REFERRAL FROM PLANNING BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW. w ZBA Appearance Fee : $100 For Office Use Only „' air Property is located wrtlun or adjacent Please check all that apply• Area Variance IF Use Variance Sign Variance CEA _ ' P t . , t . - Y Sprinkler Variance Fprest, xome F3tstonc Dtstnct Special Approval p State Park/,another mumclpahtyr F, , X rt4TERPQWT " 0*4 The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to S EE Re A ZewlAl 6 1N t ER i09ETA7To N 64 P I awes E o 'DeV 20" C N 0 12 r- ;too5 ) at .9 SO DAB BY RP AD , Town of Ithaca Tax Parcel No. 3q . -- 1 � 1 . 1 & 1 . Z , as shown on the accompanying application and/or plans or other supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any additional sheets as necessary): PlEASE /VAgeATf t/E . By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. Signature of Owner/Appellant: Date: Signature of Appellant/Agent: Date: wig y —op Print Name Here : 1j1,e,0sX V AFe4&V . .4772RAOEY wcv� mul $loSoorerx Home/Cell Telephone Number: Work Telephone Number : NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the Alum variance will Your attendance at the meeting is strongly advised. Revised 4-12-08 f Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor 2. Project Name 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Tax Parcel Number: 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): = * (.Attach se crate sheet(s) ,if necessary, to adpqtiatply adequately describe .the Zroposect project.) 6. Amount of-land affected: Initiall (0-5 rs) ° Ac re's• ' '(6:10 rs) (>10 rs) Acres y " 7. How is land zoned presently? 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly : 9. Will proposed action lead to a request forinew:'• .; Public Road? YES NO Public Water? YES NO Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential. Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO . If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE ,IS_ TRUE TO THE BEST OF MY . �. KNOWLEDGE: Applicant/Sponsor Name (Print or Type) : Signature and Date: Revised 4-12-08 BARNEY , GROSSMAN , DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST PETER G . GROSSMAN SUITE 400 DAVID A . Du BOW 119 EAST SENECA STREET JOHN C . BARNEY ( 1939 -2008 ) RANDALL B . MARCUS ITHACA , NEW YORK 14850 JONATHAN A . ORKIN KEVIN A . JONES ( 607 ) 273 - 6841 FACSIMILE VIRGINIA A . TEST ( 607 ) 272 - 8806 KRISTIN E . GUTENBERGER ( NOT FOR SERVICE OF PAPERS ) November 25 , 2008 , ..._C .,.(. . _�F._ ..` _._ . _.__..� ! Town of Ithaca Zoning Board of Appeals NOV 2 rCl 2008 215 N . Tioga Street e Ithaca, New York 14850 '�°— ---- - -� ' - r Re : South Hill Business Campus Zoning Interpretation Request (Planned Development Zone No . 12 ) Dear Zoning Board of Appeals : With regard to the above referenced matter, enclosed please find 12 copies of the following documents : 1 . Zoning Board of Appeals Application (original only) 2 . Application fee in the amount of $ 100 . 00 ( check # 3970 ) (original only) 3 . Table of Contenets for submitted documents 4 . Predetermination Letter, issued by Bruce Bates , Director of Code Enforcement for the Town of Ithaca, dated November 14 , 2008 5 . Narrative of Interpretation Request 6 . Town of Ithaca Code § 271 - 13 , Planned Development Zone No . 12 7 , Survey Map (reduced) 8 . Floor Plans of Industrial space ( showing control areas and occupancy ratings ) 9 . Town of Ithaca Zoning map showing property is not located in an Agricul - tural District Please note that a Short Environmental Assessment Form has been omitted since zoning interpretations are not subject to this type of review . Should you have any questions , please do not hesitate contact me at 273 - 6841 . Very truly yours , Kristin E . Gutenberger Zoning Attorney for South Hill Business campus LIST OF MATERIALS Examples of Hazardous Materials That Primet May Have At South Hill Business Campus In Quantities Larger than 1 /2 Gallon . RANKED BY HAZARD CLASS THEN FLAMMABILITY THEN HEALTH Hazard Projected MSDS # Health Flammability Reactivity Class Volume Hexane A67 2 3 0 IB 0. 5 gal Methanol A29 2 3 0 IB 1 gal IPA (Isopropyl Alcohol) A61 2 3 0 IB 55 gal Toluene B35 2 3 0 IB 1 gal Heptane B37 1 3 0 IB 10 gal Ethyl Acetate B82 1 3 1 IB 2 gal Acetone A63 1 3 0 IB 10 gal Maroon Nanotint PR179 C85 2 3 0 IC 2 gal Butyl Acetate C84 1 3 0 IC 2. 5 gal PGMEA B65 1 2 0 II 3 gal AMP B23 3 1 1 IIIA 1 5 gal NMP B30 1 1 1 IIIA 3 al Actual types and volumes of materials managed on site may vary, but in all cases will remain under the limits specified within the State of New York Building and Fire Code. i; r ! , NOV 2 62008 l _. .. w SOUTH HILL BUSINESS CAMPUS LIST OF DOCUMENTS 1 , Predetermination Letter, issued by Bruce Bates, Director of Code Enforcement for the Town of Ithaca, dated November 14, 2008 , 2 . Narrative of Interpretation Request 3 . Town of Ithaca Code § 271 - 13 , Planned Development Zone No . 12 41 Survey Map (reduced) 5 . Floor Plans of Industrial space (showing control areas and occupancy ratings) 61 Town of Ithaca Zoning map showing property is not located in an Agricultural District U NOV . 2 6 2008 1 . Predetermination Letter, issued by Bruce Bates , Director of Code Enforcement for the Town of Ithaca ; dated November 14 , 20080 ) OF v TOWN OF ITHACA F is zi^ 215 North Tio a Street Ithaca N.Y. 14850 g www .town. ithaca .ny.us TOWN CLERK 273 - 17.21 HIGHWAY (Roads , Parks , Trails, Water & Sewer) 273 - 1656 ENGINEERING AND PLANNING 273 - 1747 CODE ENFORCEMENT 273- 1783 FAX (607) 273 - 1704 November 14, 2008 Attorney Kristin Gutenberger Suite 400 119 East Seneca Street Ithaca, NY 14850 RE: South Hill Business Campus Dear Ms. Gutenberger: After reviewing your request for an interpretation of whether the expansion of Primet would be within the, intended use of Planned Development Zone # 12 . I believe that the expansion of Primet would be within the use that the board intended . However, the board also added (Section 271 - 1. 3 ) (B) ( 15 ) (6) , which you yourself stated in your letter, does not allow for the use of flammables . The list of materials you provided has many materials that were rated flammable or hazardous . You also must consider ( Section 271 - 13 ) (I) (5 ) the storage and disposal of hazardous substances, the list you provided describes the quantities that maybe within the allowable limits of the NY Fire & Building Code. The language in the Town' s Code is absent of exception to those allowed by NYS Fire Building Code. I believe the law stated no flammables or hazardous materials to keep possible hazards in check. Therefore, I would have to state our office would deny any permit for Primet expanding with the current information provided to our office. Should you wish to pursue this further, feel free to apply for an interpretation or a possible variance by the Zoning Review Board . Furthermore if a variance or interpretation is granted a permit to expand we would have to take into consideration all occupants within the fire area in regards to control areas and we would also need all MSDS sheets in regards to the material list you provided. Feel free to also contact me at 273 - 1783 at extension 122 . Sincerely yours , Bruce Bates . Director of Code Enforcement Town of Ithaca cc: Susan Brock, Town Attorney Kirk Sigel, ZBA Chairman fro 7��Cc; NOV 2 6 2008 i 2 . Narrative of Interpretation Request South Hill Business Campus Interpretation Request The South Hill Business Campus, LLC (Applicant) respectfully submits this appeal for an interpretation of §271 - 13 , Planned Development Zone No . 12, of the Town of Ithaca Code, determining : ( 1 ) that the intent of the Town Board when creating this zone was to allow the use and storage of limited quantities of flammable or hazardous substances, provided the quantities do not exceed and strictly adhere to the requirements for control areas, as defined by the New York State Building and Fire Codes, rather than a blanket prohibition of all flammable or hazardous substances which would lead to impractical and illogical results; and (2) , that modified site plan approval will be required if there is an increase in the building occupancy rating of a permitted of right use or the proposed permitted of right use involved quantities of hazardous or flammable materials in excess of those allowed under the State Building and Fire Codes for the current occupancy rating of the space . Background : The Applicant is the owner of the property located at 950 Danby Road , Ithaca, New York, known as South Hill Business Campus . In 2005 , subsequent to the purchase of the property, and with the support of the Applicant, the Town of Ithaca Board adopted Local Law No . 8 of 2005 , adding §271 - 13 , Planned Development Zone No . 12 (covering the subject property), which, in pertinent part, allowed not only industrial uses, but also light industrial and office development uses within the zone . The building, originally constructed as a large manufacturing facility, is now occupied by a variety of businesses, all uses permitted of right under the law. Under its prior use as a large manufacturing facility and continuing to date, the building has had a "Building Occupancy Rating" of no higher than "F- 1 " under the State Building Code (see floor plans attached) . In the context of negotiating a lease with Primet Precision Materials, Inc . ("Primet"), Applicant requested a predetermination letter related to the proposed use by Primet. On November 14, 2008 Bruce Bates, Director of Code Enforcement for the Town of Ithaca, issued a determination letter and stated that the use of the space by Primet was within the permitted uses contemplated by the Town Board when creating the zone . However, he further indicated that there remained certain ambiguities with regard to the language of the zoning code and that Applicant would need to have those resolved , by way of a zoning interpretation or a variance, prior to the issuing of any permit. Specifically, a determination is sought concerning the intent of the Town Board with respect to the prohibition against the use or storage of limited amounts of flammable or hazardous substances, and the resulting modified site plan approval requirement. Applicant seeks a determination permitting such activities provided they conform to the requirements for the Building Occupancy Rating (including the provision of control areas), as defined and required by the New York State Building and Fire Codes . Though this issue arises in the context of Applicant ' s prospective lease with Primet, the issues presented will impact future use ofthe entire building. Accordingly, Applicant brings this interpretation request to resolve ambiguities in the language of the zoning code that, if unresolved, will create continuing difficulties in obtaining building permits for Applicant' s prospective tenants . f Basis of Interpretation Request: ( 1 ) § 271 - 13 (B)( 15) of Planned Development Zone No . 12 , allows as a permitted of right use : Any lawful manufacturing activity, except for the uses expressly enumerated below : (a) Any of the following factories or works : arsenal , blast furnace, boiler works, iron, steel , brass or copper foundry, metal ore, smelting, planing mill, rolling mill, and stockyards or slaughter house . (b) The manufacturing or storage of explosives and gas, oil and other flammables or petroleum products . The language of subsection (b) above appears to prohibit the leasing of any space within the zone to a tenant that undertakes a lawful manufacturing activity that stores ANY quantity of flammables or hazardous substances on-site and does not provide logical guidelines for allowable quantities . For the reasons set forth below, it is unlikely that was, in fact, the intent of the Town Board when creating this planned development zone. It must be noted that if the same standard were applied to other permitted of right uses in the planned development zone, such a prohibition would effectively eliminate essentially every modern business office or facility which, by the necessities of operating a modern office, involves storage on site of limited quantities of materials that are considered either hazardous or flammable, or both (for example, and without limitation, medical offices, dental offices, indoor scientific lab, and general business office; all permitted uses of right within the zone) . With few exceptions, every business may, and likely does, use and/or store at least some of the following : copy machine toner, liquid correction fluid (white-out), cleaning supplies including those containing ammonia or bleach, broad-tip markers, glue or rubber cement, flammable aerosols, ink, batteries, CRT monitors, LED products, chemicals used in furniture, furnishings and carpet, computers, etc . , all of which may be characterized or which contain materials that are characterized as hazardous and/or flammable substances . A manufacturing facility will necessarily contain, use and store some quantities of such hazardous substances, along with other substances specific to the manufacturing being done, just as another permitted use would include substances particular to its business . Prohibition ofANYquantity of such substances for manufacturers would effectively prohibit any permitted manufacturing use, and that, by the specific terms of the law, was not the intent of the Town Board . By State law, permitted uses in the planned development zone are subject to compliance with the requirements for control areas, as defined by the New York State Building Code and the New York State Fire Code . Those Codes provide standards for both quantities and storage of hazardous and/or flammable substances and , given the existence of those standards and the lack of any other standards in the subject planned development zoning law, it is logical to conclude that it was the intent of the Town Board that such standards apply to control areas within this planned development zone . 2 Applicant is confident that a proper reading of this planned development zoning code would result in a finding that standards for quantities and manner of storage of such substances are set in the requirements for control areas, as defined by the New York State Building and Fire Codes, and should be the logical governing guidelines with respect thereto . The Codes, at great length, address just this situation - facilities that use or store hazardous or flammable materials, with differing standards depending on the nature and quantities of such substances . Additionally, it is important to note that one of the highest rated occupancy classifications under state law is a "Hazard" classification (also referred to as a "H" occupancy) . Currently, the building does not have an "H" rating, no tenant within this building would be considered a "H" occupancy and Applicant WILL NEVER lease any portion of this building to a tenant with such an occupancy rating. (2) Further, in the context of modified site-plan approval, ambiguities relative to the standard that applies with respect to the use or storage of hazardous or flammable materials arise in the provisions of §271 - 13 (H) and §271 - 13 (I), Planned Development Zone No . 12 . In each case, the absence of any standard with respect to the building occupancy rating or quantities of hazardous or flammable substances results in each and every prospective tenant being potentially in violation of or subject to these provisions when operating in the normal course of business . This result is neither reasonable, logical nor within the expressed intent of the Town Board set forth in other provisions of § 271 - 13 . Specifically, §271 - 13 (A)(8) of Planned Development Zone No . 12 . , relating to the modified site-plan approval process, indicates that a factor considered when creating this zone was to avoid the lengthv site plan modification approval process when leasing space to proposed tenants for permitted of'right uses. The language of §271 - 13 (I) provides a specific exemption from site-plan approval for circumstances when there is a proposed change from one permitted of right use to another permitted of right use . However, to gain the benefit of this provision, an Applicant for a building permit must comply with five separate requirements, including § 271 - 13 (I)(5 ) , which again provides no standard for the quantity of substances that would trigger this type of review. Looking again to the State Building and Fire Codes, and given the Board ' s express desire to avoid the lengthy site-plan modification approval process, it is rational to conclude that the intent of the Board was to supervise and approve site plans for tenants that increase the building occupancy rating for the current use or involve quantities of materials in excess of those permitted under the State Building and Fire Codes for the current building occupancy rating. Subjecting an applicant that seeks to make a modification that is, in fact, a decrease in the building occupancy rating or which comply with State standards would contravene the intent of the Town Board . Additional Factors to Consider: Under New York Law, the Zoning Board of Appeals ' primary objectives in an interpretive appeal are ( 1 ) to determine as nearly as possible the original intent of the governing board in enacting the regulation in question, and (2) to arrive at the most practical solution . The Applicant' s requested interpretation is rationally based on the apparent intent of the Town of Ithaca Town Board when creating this zone . The Town Board intended to allow for flexibility in leasing within this zone . 3 r Specifically, as stated in §271 - 13 (A)(5 ), the original basis for creating this district was to allow the owner "to be able to rent to a variety of tenants engaged in a variety of different businesses and activities, and accordingly will need to convert portions of the space from its past uses to other types of uses . " Included in the list of permitted of right uses are uses which necessarily involve the use and, thus, storage of limited quantities of hazardous and/or flammable materials in the normal operation of their businesses . Interpreting the law in favor of the Applicant' s request to be able to lease portions of the space to tenants that transport, use, store or dispose of hazardous and flammable materials within the allowable limits of the State Building and Fire Codes for the current building occupancy rating will allow the flexibility and rationality envisioned by the Town Board with rational standards set by the State for precisely these types of uses . Lastly, according to the Town of Ithaca Code § 271 - 13 (A)( 12) , the purpose of a Planned Development Zone is to permit "a degree of flexibility in conventional land use and design regulations that will encourage development in an imaginative and innovative way while insuring efficient investment in public improvements, a more suitable environment and protection of community interest. " Technology is a fact of life and given the educational environment of Ithaca, it is rational to conclude that businesses utilizing and creating new technology, even eco-friendly technology, would seek to lease space in a building that, by law, allows research and development facilities, lawful manufacturing, and indoor scientific laboratories . To then prohibit any tenant that uses, for example, a copying machine would be irrational and completely contradict any intent to protect our community interest . Technology companies settle in Ithaca due to the proximity to Cornell University and Ithaca College, thereby creating local jobs and increasing the Town ' s tax base . Allowing for the requested interpretation will permit the Applicant to help protect our community' s interests by leasing to businesses, some of which are on the forefront of environmentally friendly technology, and assuring Ithaca' s continued prosperity within the technology world . Conclusion : In enacting this provision of the Town Code, the Town Board expressed its intent to allow legal business uses that adhered to the guidelines for control areas of State Fire and Building Codes . This provides the Zoning Board of Appeals with a clear basis to conclude that where the zoning code is ambiguous as to the quantities of hazardous and flammable substances, the Town Board , in order not to frustrate it ' s expressed intent for the uses in the zone, intended that the quantities would be governed by the New York State Building and Fire Code limits for the given control area and occupancy classification . The State Building and Fire Codes regulate the quantities of certain materials and building occupancy ratings of certain types of businesses . Absent a clear indication in a zoning code as to the allowable quantities or materials permitted to be located within a certain space, it is logical and rational to conclude that the limits and quantities should be governed by applicable State Fire and Building Codes and that those regulations should be deemed the standards for determinations in this area. Thus, given that nearly every business would necessarily maintain limited amounts of hazardous and/or flammable materials, the Zoning Board of Appeals should determine that the intent of the Town Board be that modified site-plan approval should only be required when the building occupancy rating is increased or the proposed permitted of right use involves quantities of hazardous or flammable materials in excess of those allowed under the State Building and Fire Codes for the current occupancy rating of the space . 4 Y t NOV 2 62008 T 3 . Town of Ithaca Code § 27143 , Planned Development Zone No . 12 (.1enera.1 Code E- Code : Town of Ithaca, NY Page 46 of 50 concrete highway monument; and RUNNING THENCE North 43 degrees 22 minutes 38 seconds West, a distance of 78 . 50 feet to a pin with cap set in the easterly line of said highway at the northern extreme of a triangular Highway Appropriation ( see C . H . No . 1330 Map , No. 1 . 2 ) bounded by this and the previous course ; and RUNNING THENCE North 26 degrees 02 minutes 59 seconds West, a distance of 152 .44 feet to a point in the easterly line of said highway ; and RUNNING THENCE North 85 degrees 49 minutes 58 seconds East, a distance of 345 . 95 feet to a point in the easterly line of the Town of Ithaca and westerly line of the Village of Cayuga Heights , and PUNNING THENCE South 23 degrees 04 minutes 18 seconds East, a distance of 264 . 78 feet along the said corporation line of the Village of Cayuga Heights and the line of the Town of Ithaca , to a point, and RUNNING THENCE South 32 degrees 45 minutes 11 seconds Wes_ t , a distance of 112 . 96 feet to a point with a monument found 6 . 6 feet southwesterly thereof; and RUNNING THENCE South 11 degrees 03 minutes 04 seconds East, a distance of 104 . 00 feet to a point with a monument found 1 . 0 feet southerly thereof; and RUNNING THENCE South 73 degrees 14 minutes 16 seconds West, a distance of 97 . 86 feet to a point; and RUNNING THENCE South 60 degrees 05 minutes 46 seconds West, a distance of 88 . 27 feet, to the point or place of beginning . Containing 3 . 12 acres, be the same more or less . Being a portion of the lands of Noah ' s Boat Club , Inc . , described in a deed to it recorded in Book 555 of Deeds at page 126 . § 271 -13 . Planned Development Zone No . 12. [Added 9 -12 -2005 by L. L. No . 8 -2005] A. Findings. ( 1 ) Many years ago , NCR Corporation built a large manufacturing facility at 950' Danby Road on South Hill in the Town of Ithaca , which building , with additions since its construction , now consists of approximately 162 , 004 square fleet of manufacturing space , approximately 95 , 802 square feet of office space , approximately 6 , 768 square feet of cafeteria space , and approximately 12 , 560 square feet of other miscellaneous space ; (2) There are adjacent to said building approximately 1 , 200 parking spaces ; ( 3) Over the years , the ownership of the building and the surrounding property has changed , and they have recently been acquired by South Hill Business Campus , LLC (the owner) ; (4) Over the years , the occupancy of the building has gradually decreased to the point where today only approximately 87 , 329 square feet of the building is being utilized , a significant underutilization of available space ; ( 5) To accomplish increased occupancy , the owner needs to be able to rent to a variety of tenants engaged in a variety of different businesses and activities, and accordingly will need to convert portions of the space from its past uses to other types of uses ; (6 ) It is the intention of the owner that such increased occupancies be accomplished in a cohesive manner and in a manner that does not cause adverse environmental effects under the State Environmental Quality Review Act and the regulations and local laws adopted thereunder that would exceed the environmental effects that would occur if the building were fully occupied in the manner in which it would be permitted to be occupied under the zoning regulations presently applicable to it; ( 7 ) The building and a portion of the surrounding property (the premises) are currently zoned Industrial ; (8 ) Under the current zoning , any change in use in the area of the building requires a site plan modification approval from the Planning Board before any construction or change may occur, which normally takes a minimum of 30 days to process to a hearing and obtain a decision , and sometimes takes longer when more than one meeting is necessary to make a decision ; http ://www . e-codes . general code .cons/scarchresults . asp?cn...d=g:etdoc&DocId=56&Index=C . . . 7%1/2008 General Code E-Code : Town of Ithaca, NY Page 47 of 50 (9) If a use requested by a tenant is not one presently permitted in the Industrial Zone, the process may also require an appearance before the Zoning Board of Appeals for a decision , which takes an additional two or more weeks, and since the request is often for a use variance , the criteria for which are difficult to meet, it, is sometimes impossible to obtain the needed variance ; ( 10) The owner has requested that the premises be rezoned to a Planned Development Zone ; ( 11 ) The requested rezoning would apply to the building and surrounding property that are currently zoned Industrial but would not apply to other adjacent property also owned by owner that is zoned Office Park Commercial ; ( 12) The purpose of a Planned Development Zone is to permit, where appropriate , a degree of flexibility in conventional land use and design regulations that will encourage development in an imaginative and innovative way while insuring efficient investment in public improvements , a more suitable environment and protection of community interest; ( 13) Given the nature of the building , its size , the amount of parking available , the access to a state highway, and other attributes and circumstances regarding the premises, uses other than those permitted in an industrial zone would be compatible with the surrounding area and would provide spaces for uses that would be helpful to other facilities in the area , including Ithaca College and Ithacare , ( 14) The Town's Comprehensive Plan encourages light industrial and office park development in appropriate areas to provide a variety of employment opportunities and to increase the tax base ; ( 15 ) The premises meet the Town ' s guidelines for light industrial and office park development , including access to municipal sewer and water, sufficient site area , safe and efficient road access , access by public transit, and adequate distance from incompatible uses; ( 16 ) The change of zoning from Industrial to Planned Development Zone is in accordance with the Comprehensive Plan , will provide flexibility in the redevelopment of an important facility in the Town consistent with community needs and character, will increase the variety of employment opportunities , will increase the tax base , and furthers the health and welfare of the community , and ( 17) The Planning Board has recommended the adoption of this section and- has approved a site plan for Planned Development Zone No . 12 , which approval will become effective upon the effective date of this section . B . Only the following uses are permitted of right in Planned Development Zone No. 12 : ( 1 ) Bank or other financial institution without a drive-through facility . (2 ) Business, administrative or professional offices . (3) Medical and dental clinics not involving any overnight occupancy . (4) Optician and related facilities . ( 5) Municipal or other governmental offices. (6) Industrial uses employing electric power or other motor power, or utilizing hand labor for fabrication or assembly . (7 ) Indoor warehousing and indoor storage including self-service storage facilities . (8) Printing , publishing and bookbinding . (9) Research and development facilities utilizing office spaces , indoor scientific laboratories , and other similar indoor spaces. ( 10 ) Conference and event center. ( 11 ) Off-premises catering . ( 12 ) Packaging /mailing service . ( 13) Arts and crafts gallery or studio . ( 14) Educational uses , provided the nature of the use is otherwise authorized in this Planned Development Zone (e . g . , an office used for educational purposes would be permitted , a dormitory. http ://www. e-codes . general code . corn/searchresults. asp?cmd=getdoc&IDocid=56&Index=C . . . 7/7/2008 General Code E-Code : Town of Ithaca, NY Page 4" 8 of 50 used for educational purposes would not be permitted ) . ( 15 )- Any lawful manufacturing activity , except for the uses expressly enumerated below : (a) Any of the following factories or works : arsenal , blast furnace , boiler works , iron , steel , brass or copper foundry , metal ore, smelting , planing mill , rolling mill and stockyards or slaughterhouse . ( b ) The manufacturing or storage of explosives and gas , oil and other flammables or petroleum products. ( 16 ) Cafeteria providing dining services primarily for occupants of the building (s) in Planned Development Zone No . 12 . ( 17) Fitness center with related shower and ancillary facilities . ( 18 ) Recording studio . C . The following uses are permitted in Planned Development Zone No . 12 but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in Chapter 270 of the Code of the Town of Ithaca ( Chapter 270) : ( 1 ) Restaurant without a drive-through facility . (2 ) Clubhouse , lodge , community center. (3) Hospital , medical or dental clinic that involves overnight occupancy . D . The following uses are specifically prohibited in Planned Development Zone No . 12 : ( 1 ) Dwelling units , except as an accessory use as set forth below . (2) Sales of any products at retail .to the general public except as the same may be related to and an incidental by-product of a permitted principal use , such as manufacturing , and except as may be authorized specifically by this section , such as restaurant sales or sales related to an arts and crafts gallery or studio . (3 ) Motel (4 ) Hotel . ( 5 ) Adult entertainment business . , (6) Restaurant, bank, or any other enterprise with a drive-through facility . B . The following accessory uses are permitted in Planned Development Zone No . 12 : ( 1 ) Automobile parking and off-street loading areas , subject to the further requirements of Chapter 270 . (2) Accessory storage buildings , but not to include outside storage . (3) Signs , as regulated by Chapter 221 of the Code of the Town of Ithaca entitled "Signs . " (4) The dwelling of a guard , caretaker or custodian but not more than one dwelling unit per building . ( 5) Guardhouse . (6 ) Common recreational areas including playfields , ballfields , tennis and volleyball courts , swimming pools , walkways , parks , community gardens , and other similar outdoor recreational facilities . (7 ) Incidental retail sales of candy , ice cream , baked goods, flowers , and other small items intended primarily for occupants and tenants of the premises . F . The following accessory uses are permitted in Planned Development Zone No . 12 but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in Chapter 270 : ( 1 ) Child day-care centers . (2 ) Any municipal or public utility structures necessary to the provision of utility services for the permitted facilities . ( 3 ) Fences up to eight feet in height if approved by the Planning Board as appropriate and necessary for any use otherwise permitted . by this section . htrtp ://wvrw .e-codes . general code . coin/searchresults . asp ?cm.d=getd.oc&DocId=56&Index=C . . . 7/7/2008 General. Code E-Code : Town of Ithaca, NY Page 49 of 50 G . Any use and construction in Planned Development Zone No . 12 shall be governed by all of the requirements, including placement of structures , minimum area , height limitations , yard regulations , building area , minimum usable open space , lot sizes and areas , off-street loading , access and sidewalks , buffer areas and screening , displays , performance standards , and similar, requirements, of an Industrial Zone , except as the same may be specifically modified by the terms of this section . H : Compliance with site plan required . ( 1 ) Except as set forth in Subsection I below , no building permit shall be issued for a building or structure within Planned Development Zone No. 12 nor shall any existing building , structure , occupancy or use in such Zone be changed unless the proposed building , structure , occupancy and/or use is in accordance with a site plan approved by the Planning Board or with a modified site plan approved pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270 . (2 ) In addition to the actions listed in § 270-191 that require Planning Board approval of modified site plans , any change in occupancy or use of the premises that involves the on -site transport, use , storage or disposal of hazardous substances shall require prior Planning Board approval of a modified site plan pursuant to the provisions of Article XXIII . I . Notwithstanding the immediately preceding subsection , no site plan approval shall be required for any change in occupancy that does not include a change in use , nor for any modification of use from a use permitted as - of right to another use permitted as of right in Planned Development Zone No . 12 , provided: ( 1 ) No new building , no construction on the exterior of any existing buildings , and no change in any of the facilities outside existing buildings �cr. g . , ligntmg , gracing , parKmg , or ouHer exterior physical feature) are required to effect such change in occupancy or use ; and (2 ) All construction related to such change is in the interior of existing buildings; and (3 ) Any construction required in connection with such change complies in all respects with all applicable building codes and environmental regulations ; and (4) The party effecting such change has obtained , if required by any applicable building or environmental coder (a ) A building permit; and ( b ) Before occupancy of the altered space , a certificate of occupancy , and (5) The proposed change in occupancy or use does not involve the on -site transport, use, storage or disposal of hazardous substances . J . All of the area rezoned pursuant to this setion shall be owned by the same party and there shall be no subdivision of the area contained in Planned Development Zone No . 12 . K. The area encompassed and rezoned in accordance with this section to Planned Development Zone No . 12 is described on Schedule A to this section . The official Zoning Map. of the Town of Ithaca is hereby amended by adding such zone at the location described . L. Any violations of the . terms of this section shall constitute a violation of Chapter 270 of the Code of the Town of Ithaca and shall be punishable as set forth in said Code and in § 268 of the Town Law of the State of New York. Each week' s continued violation shall constitute a separate offense . Notwithstanding the foregoing , the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section , including , without limitation , actions for any injunction or other equitable remedy , or action and damages , in the event the owner of the parcel covered by this section fails to comply with any of the provisions hereof. " Schedule A Description of Property To Be Rezoned to Planned Development Zane No . "12 ALL THAT TRACT OR PARCEL LAND situate in the Town. of Ithaca , Tompkins County , New York , being more particularly described as follows : COMMENCING at a point in the westerly highway line of Danby Road ( N . Y . S . Route 96B) which point is in the southeasterly corner of premises reputedly owned by I . C . S . Development Partners , Inc. (734 Deeds 37 ) and which point is approximately 200 feet northerly from a north line of the http : //wviw . e--codes . generale'ode . coin/searchresults . asp ?enid=getdoc&Doeld=56&lndex=C . . . 7/7/2008 General Cade E-Code : Tomin of Ithaca, NY Page 50 of 50 driveway serving what is now known as the South Hill Business Campus at 950 Danby Road ; running thence along the westerly line of Danby Road South 200 51 ' 37" West a distance of 168. 81 feet; thence South 680 32' 1 " East along a highway line of Danby ,Road a. distance of 13 feet to a point; thence South 210 37' 55" West along the westerly line of Danby Road a distance of 953 . 16 feet to a point; thence South 220 42' 32" West along the westerly line of Danby Road a distance of 463 . 00 feet to a point; thence approximately North 660 West a distance of approximately 330 feet to a point immediately East of an asphalt parking area ; thence approximately north 840 West a distance of approximately 1030 feet to an iron pipe ; thence North 60 49' 21 " East a distance of 832 . 60 feet to an iron pipe in a southerly line of premises reputedly of Bracewell ( 554 Deeds 964 ) ; thence South 85 ° 46' 36" East 422 . 75 feet to a pin set at the intersection of two stone walls ; thence . North 70 11 ' 20 " East a distance of 625 . 43 feet to an iron pipe found at a southwesterly corner of premises reputedly of Emersub IV, Inc. (592 Deed 1080 ); thence South 830 51 ' 55 " East along the Emersub IV , Inc. property line a distance of 968 . 14 feet to a pipe in a southwest. corner of premises reputedly of I . C . S . Development Partners , Inc. (734 Deeds 37) ; thence South 830 03' 41 " East a distance of 414 . 30 feet to the point or place of beginning . The above described premises are more fully shown on a map entitled : " South Hill Business Campus, 950 . Danby Road , Survey Map" , a copy of which is on file in the Town of Ithaca Planning Office . http ://www. e-codes . general c>ode. com/searclrresults . asp?crud=getdoc&Dodd=56&Index=C . . . . 7/7/2008 t . : NOV , Z 62008 4 . Survey Map (reduced) / 60 0 60 120 780 Scale . ' 1 " = 60 ' I.C.S. DEVELOPMENT PARTNERS INC. (R.O.) TOMPKINS 2512/5756 COUNTY (P 0.) / TAX MAP PARCEL No 340-3 -9.1 } 9.3 ( M < TAX MAP PACEL No. 40-3-3 / ZONED R-15 HgA ZONED INDUSTWL �y B Oo PPE PPE S 83051 '55" E 968. 14' S 83.03'41 " E 414.30' TOTAL TO HIGHWAY LINE y ti�� NOTES - LEGEND % 1 .j THE SUBJECT PROPERTY SHOWN HEREON REPRESENTS THE E%TERIOR _ ° °EXISRNC IRON PIPE rybfV� 1 BUILDING FOOTPRINT. (BEING PART OF TOWN OF ITNACA TAX —X msT IM o PARCEL 39-1-1 .1 h PARCEL 39-1 -1 .2) p- UnUrY paLE ,��'+ 2.) THIS SURVEY IS MADE IN ACCORDANCE WITH THE DOCUMENTSr` '0^/ OF RECORD NOTED HEREON. SUBJECT TO ANY STATE OF FACTS AN ACCURATE UP-TO-DATE ABSTRACT OF TITLE MAY SHOW. 3.) REFERENCE SURVEY MAP ENTITLED •SURVEY MAP No. 950 OANBY ROAD...' DATED AUGUST 14, 1997 BY T.C. MILLER P.C. - •i - ' SAID SURVEY MAP IS FLED IN THE TOMPKINS COUNTY ' 4J REFERENCE SURVEY MAP INC. DA ENTITLED 'ALTA/AGSM MAP SHOWING pwE LANDS OF Y MAP S C. DATED TOMPKINS U T.C. MILLER P.C. 'Ha SAID SURVEY MAP IS FlLFJ) IN THE TOMPKINS COUNTY CLERKS OFFICE. Apryt ENggyCE/ Q,Aw ; 4INV A: '15 03'44' E 46.2' N 03'44' W :. . :77.� g . mac+ N 86'16•.• _N 86• :i,�Oh'4. A�b• �, G 4� •E.--` �_ 40:2' 3 [�v Oy O�QJ Jpp�rti:p�1�P�����1 v� pFry- S':66' 16' ..W' • �. GP 0° �• O� Sp 2� > ��__ — 67.4 _ to /,t) 41 V Jul, pe' �`t' 24.01( Y' f �.. � IF ti ' � . A� Wyk .•. - -�_ : 4. 4 _B .� h 4 `lYl JP 9) `?9.r �bryy0 a Pa c�yJ % ' � 9 rrTtrp0d:f1n4tii146444 ^� ..v mvu lieue au w TITLE INFORMATION e nnM SOUTH HILL BUSINESS CAMPUS LLC TITLE : SURVEY MAP Rte`° — TAX INSTRUMENT N0. S 39- 1 - 1 . 1 & 1 .2— 1 SHOWING PROPOSED EMPIRE ZONE PARCEL P/O TAX MAP PARCELS _ AREA 3, 095 ACRES ( 134,833 SQ. FT.) (', G. MILLER P.C. LOCATED AT N0, 950 DANBY ROAD _ F^gMF>` ^^m sumrroRS TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK . I NOrtM Q S SrttEET - m II RM r K 148M DATE: . SasOai 60' , r INN F� 11 NOV 2 62008 'y 5 . Floor Plans of Industrial space (showing control areas and occupancy ratings) LL 1 4. LL• L H1 I ILL I I 9150 DanbY� d, - Ithaca, QTY 1450 AA " y ROAD � t • t �. .•t t A'/ye �t t i�i• . • � t tt 1 i. g'er , PIN 1 ��i 1ht• t• '�, N to %I SIL to oor tth NRke 1 1 41 r• 1 { tS t ,: . t ' i -+. T # r , 1< t1 • . Y 1 - , 3 t 1 . ' ' , � � , t 1: 1 .: .t + • ft s t , t r , . 3 . 1. ' 't J a . 1 ; fJ i . r . � 1 1, i J I � , r j : t{ i t; 31 ..i� .S. .. 4 '1, 4,6 if - ,j ySr+ . � > J ?t a . + • ' y ! ! . P: ' '' � 1 /.. '. � .. 1 J, + t .. ' J y i ti. • f'.J Irl �ftl '1. 1 , Jii , Ji .i. • . ♦ 1 ' _ r a : . f 1�- a .�. ley . < J ' .Y at• r.. 7-• �tiJ T it,. " : ,. ,. . ''t !°, i , y .- � .; .f.t 1 ' . _ .JT s r t 'A ' ♦ ' •: µ 1 `' f • s" f # { . 1 /, s ♦ / - s. + ' 1 . { . - . . J .. is a . ' r f " ,, i • i y t • i s 1 { . . , 1 1 { r - 3 3 � Y �+'_ _: ; { ,f' . 1l Jif 1. . � {� - - • .IJ 1i ] 1 �}, : - ♦ .f :1. I � °�. 1 { r ". } , i .. �. �. � � a :'J � r ,,. f f 4 - t a . : . i " Q' 3 : J P ' f ,, - y_ . "�/y .ty . gY` y" " ' y •� ? .1t- . .r !♦`•. 1 J .1 �: , <:� t T i ioy /J11 t f . t f tf?" t j1 ..�.. .. , . 4 �f 4 J '. J' ( . ♦ - 1 • 1 . ' t + -' , . rt 11 f y + ; . f < • {{ . : _ .. t. ' f.. . . n : i. J. f ' _ y _ ,!. A . .. { 11 t. tr +. - t ,.r e .,t. f .!: . • . 4J! ,S "., 1 . J. , Iia . ' ♦ 1 :- J • 1 v , d . t FIRE AREA 1 -3 9 , 234 S . F. 9 5 3 19 18 I I IS IA 13 . 12 II 1 9 8 7 n 5 4 3 2 I -AN a - _ _ _ _ _ _ _ _ a K ETTER , BLACK AMOND BHOU51N MECH ICAL - J 955 OCC PNCY 5305.F. AM K . t P- I OCCUI kNCY CU IM Ha Hd 1 .52 5.F. Q X H 9 - UFAM,Y H BROOM HILDA 3 �j ELECT C gy B OCCUP NLY C o/ / H G 5WITC GEAR w V R ' 734 S.P, t EL u F 0 4,3 5 S.F. ILL PRJ"ET C,626 5 . F- I UPAN CLASS. UPSTATE F5TATE °- P- 1 OCC MCY C ,2239.f. ILL P- I O.G. 6.352 S.F. P- I O CUPANCY IA55. ITHALA PIANO . VACANT THERM RE3U1 ERS Q EE - - 8,0749.P - 18.5409. F- I OCC ANCY F- I Occu NCY 5ERENDIF D ,o CATERI VACANT F P- CUPANCY C F05T iR - _ UiURE MMU _ CUS M LATCH 5 VACANT H 6,303 S.F. P- I 01TCUPANCY W°5. B - i OCCUP NCy _ BIF BUB B c cGUPMCY A Q 19 18 17 15 14 13 12 II 9 8 7 6 5 4 2 OI w FIRE AREA 1 - 1 FIRE AREA 1 - 2 42 , 404 S . F. 3351 1 1 S . F. ° U W Z cn in z v d 2 w SO m Q O F > r a m w m W O O W o . Y In PROJ.NO: OX- )O( SCALE: AS NOTED DRAWN: BREUHAUS ' - DATE: 24 NOV 2008 - GROUNDFLOOR FIRE AREAS G IRO U N D FLOOD PLAN N . T . S . - 1 ' NOV 2 6 200 , r FI RE AREA 2 -3 9 , 234 5 . F. 9 5 3 19 1 1 15 I 13 I I I 9 8 7 6 5 4 3 2 I - K CORN B OCCUPAP CY . . Dim Ar Ha H ry W v STO E 5-2 OCC FANCY G B PIDER (I)C V W U F LL' PENTA UNTAL RENTAL RENTAL FERENC TER w B UPANCY E N RENTAL ILL EE lys p 8 5 ROOF � ON lc RENTAL RENTAL F. . C - ITHACO ITH ITHACO ITHAC PROPO Ep NOV ER LOBBY 1 -H R. IRE-RATE EXPANS N F_2 OGC• 5-2 9-2 OCC. F-2 OC H CON AREA B OCC CY 3 +� SETT w s o HOU NG F ITHACO - CCUPPNCY . - AM E 15E 5-2 oCC TPG ' B OCC P C O A it 111 FIRE AREA 2 - 1 FIRE AREA 2 - 2 O 401363 5 . 1=. 337360 S . F. / U LU EJ - z p 1 O _ 5 CY U) W m z c 5N J a S cd CTHPGO F-2 OCCUP U) _I F F y Y Q = 0 W O O FIRE AREA 2 - 5 _ Z 349544 S . F. } _ ° ° w O O o A Y V1 m o m I I 2 3 4 5 6 7 8 9 1 I PROJ.NO: OX- >O( ' SCALE: AS NOTED ' - DRAWN: BREUHAUS DATE: 24 NOV 2008 FIRS FLOOR FIRE AREAS PI K5T FLOOR PLAN A , N . T . 5 . A®2 6 . = ' NOV - 2 62008 1 t d 6 . Town of Ithaca Zoning map showing property is not located in an Agricultural District Villa a of Larsim Town of Ithaca _ Zoning Map MDR (Effective April 1 u• 'h•••••'�'�''�••�••'�;•;• ,2004,Revised December 11,2006) P11 P O Lakefront Residential(LR) Village of Cayuga Heights Low Density Residential(LDR) Medium Density Residential(MDR) High Density Residential(HDR) • Mobile Home Park(MHP) AG ® Multiple Residence(MR) MDR - Vehicle Fuel and Repair(VFR) - Office Park Commercial(OPC) Neighborhood Commercial(NC) O - Community Commercial(CC) P9 o City of Ithaca • Lakefront Commercial(LC) 0 Agricultural(AG) Conservation(C) Planned Development Zones(P) MDR CD Light Industrial(LI) o S Industrial(1) - MDR C>� Cayuga Lake 0.5 0 0.5 1 Mies ID — Town of Ithaca . L 215 N.Tioga Street C C M "N' Ithaca,NY 14850 M NOTE Refer also to Town of Ithaca Zoning Ordinance and to Town Board local laws and ordinances rezoning certain areas for additional information on specific boundaries. The official signatures below certify this map as the Official Zoning 32 MDR Map of the Town of Ithaca,effective April 1,2004,adopted by the eP Town Board by Resolution No.195 on December 8,2003,and ` AG revised December 11,2006,by Town Board Resolution No.2006-263. � 3d C /, Catherine Valentino,Town Supervisor LI Town of Newfield own of Danoy Tee Ann Hunter,Town Clerk TOWN OF ITHACA ZONING BOARD OF APPEALS - ` NOTICE OF PUBLIC HEARINGS MONDAY, AUGUST 18, 2008 7 : 00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, August 18 , 2008 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P.M. , on the following matters: APPEAL of the Center for Jewish Living at Cornell University, Appellant, Rabbi Jason Leib and Dean Robinson, Agents, requesting sign variances from or an interpretation of the requirements of Chapter 221 of the Town of Ithaca Code (Town Sign Law) to be permitted to attach lechis (plastic poles) on the side of approximately 75 NYSEG and Verizon-owned utility poles in the Town of Ithaca. The lechis will denote the boundary of an ERUV (symbolic fence), the route of which will include a two mile loop along Pleasant Grove Road, Forest Home Drive, Caldwell Road, Dryden Road, Pine Tree Road, and Maple Avenue. The Town of Ithaca Sign Law prohibits off-premise signs and signs on utility poles. APPEAL of Mary Bentley, Owner/Appellant, requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-60(C) of the Town of Ithaca Code to extend a roof from a recently-converted living space over an existing deck at a residence located at 100 Vera Circle, Town of Ithaca Tax Parcel No . 28- 1 - 34 .42 , Low Density Residential Zone (LDR) . Town Code requires a 40-foot side yard setback for structures other than garages in the LDR Zone. The appellant received a side yard setback variance from the ZBA on January 28 , 2008 to convert an attached garage into living space with the condition that "there is no further nonconforming construction within the required 40-foot setback" (the original proposal encroached into the 40- foot required side yard setback) . The proposed roof extension further encroaches into the required side yard setback . APPEAL of the South Hill Business Campus, Owner, Linda Luciano, Appellant, Kristin Gutenberger, Agent, requesting an interpretation of the requirements of Chapter 271 , Section 271 - 13 of the Town of Ithaca Code to be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road, Town of Ithaca Tax Parcel No . 39- 1 - 1 .2 , Planned Development Zone # 12 (PDZ # 12) . The proposal includes creating offices and broadcasting studios for the Finger Lakes Radio Group and installing exterior electronic transmission facilities (antennae) on the south side of the office building. The proposed on-air broadcasting use may be considered a recording studio, which is an allowable use in PDZ # 12 . It is not clear if the electronic transmission facilities accessory to the broadcasting uses are permitted. The appellant therefore seeks an interpretation of the allowable uses in PDZ # 12 by the Zoning Board. Additional variances could be necessary. APPEAL of John Rancich, Owner/Appellant, requesting an extension of a previously granted Special Approval from the requirements of Chapter 270, Section 270-217 , to continue a gravel pit mining operation located on the north side of NYS Route 79/Mecklenburg Road, approximately 500 feet west of the intersection of West Haven Road, Town of Ithaca Tax Parcel No . 27- 1 - 14 . 2 , Agricultural Zone. The previous Special Approval was granted for a three-year period to coincide with a NYS DEC Mining Permit that was issued. Both the Town of Ithaca Special Approval and the DEC mining Permit will expire on August 31 , 2008 . The appellant requests an extension of the Special Approval for an additional 5 years, to expire on or around August 31 , 2013 . APPEAL of Brian Francis, Agent, Hans Wien, Owner, requesting Special Approval and/or variances from the requirements of Chapter 270, Article VII, Section 270-47(A), (C) and (E), and possibly Article XXV, Section 270-205 of the Town of Ithaca Code to be permitted to replace a dilapidated garage with a new garage on a property located at 913 Taughannock Boulevard, Town of Ithaca Tax Parcel No . 25 -2 -7 , Lakefront Residential Zone ( LR) . The proposed garage will encroach into the required front yard setback and the required side yard setback on the south side of the property. APPEAL of Cornell University Owner/Appellant, Chris Bordlemay, Agent, requesting an extension of a variance from the requirements of Chapter 225 of the Town of Ithaca Code to be permitted to continue use of an Arthropod Research Facility, located off of Game Farm Road, Town of Ithaca Tax Parcel No . 64- 1 -2 , Planned Development Zone #9 without the installation of a Town required sprinkler system. The New York State Building Code would not otherwise require such an installation. The Zoning Board of Appeals granted a three year time limited sprinkler variance for the proposal on September 19, 2005 that will expire on September 19, 2008 . The appellant requests an extension of the variance for an additional 3 years, to expire on or around September 19, 20111 APPEAL of Cornell University, Owner/Appellant, Hal Martin, Agent, requesting a variance from the requirements of Chapter 225 of the Town of Ithaca Code to be permitted to install storage sheds at the Cornell Plant Production Facility, 397 Forest Home Drive, Town of Ithaca Tax Parcel No . 65 - 1 -5 . 2, Low Density Residential Zone (LDR) without the installation of a Town required sprinkler system. The New York State Building Code would not otherwise require such an installation. 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 hearings. Jonathan Kanter, AICP Director of Planning 607-273 - 1747 Dated: August 8 , 2008 Published: August 11 , 2008 KRISTIN E . GUTENBERGER ATTORNEY AT LAW BARNEY, GROSSMAN , DUBOW & MARCUS SENECA BUILDING WEST, SUITE 400 119 EAST SENECA STREET, ITHACA, N .Y. 14850 TELEPHONE (607 ) 273-6841 FACSIMILE (607 ) 272-8806 E-MAIL kgutenberger @bgdmlaw com Zoning Board of Appeals Minutes of August 18, 2008 Final 4. That the request will not have adverse physical or environmental affect, and 5. That the alleged difficulty, however being self-created, given that the porch was built and later determined that the overhang . . . because of the minimal variance of the overhang would seem to be practical to grant. A vote on the motion resulted as follows: AYES: Ellsworth, Krantz, Niefer, Mountin, Mann, NAYS: None. Motion was declared to be carried unanimously. APPEAL of the South Hill Business Campus , Owner, Linda Luciano, Appellant, Kristin Gutenberger, Agent, requesting an interpretation of the requirements of Chapter 271 , Section 271 = 13 of the Town of Ithaca Code to be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road , Town of Ithaca Tax Parcel No. 39= 1 -1 .2 , Planned Development Zone #12 ( PDZ #12) . The proposal includes creating offices and broadcasting studios for the Finger Lakes Radio Group and installing exterior electronic transmission facilities ( antennae) on the south side of the office building . The proposed on-air broadcasting use may be considered a recording studio , which is an allowable use in PDZ #12 . It Is not clear if the electronic transmission facilities accessory to the broadcasting uses are permitted . The appellant therefore seeks an interpretation of the allowable uses in PDZ #12 by the Zoning Board . Additional variances could be necessary. Kristin Gutenberger, Andy Sciarabba ; Linda Luciano , and Alan Bishop appeared before the board . Harry Ellsworth recused himself from this appeal because he has a project with Mr. Sciarabba . David Mountin stepped in as Chair. Ms . Luciano gave a brief presentation . The request for interpretation centers on whether an on-air recording studio is included within the definition of recording studio which is a use permitted by right within the planned development zone . Specifically, the applicant wants to lease a portion of the building to a tenant who will use it primarily as a business office for sales and advertising which is permitted by right. There will be one small recording studio within the leased space and this is also permitted by right. There will also be one small on-air recording studio included . Of note is that the actual broadcasting of the programs created in both studios will not take place in this location . It is not an electronic transmission facility as categorized by the Code Enforcement Officer and there will not be a satellite dish requested at this time . Page 5 of 18 Zoning Board of Appeals Minutes of August 18, 2008 Final Ms . Luciano went on to refer to section 27 : 13 of the planned development zone stating that "the original basis for creating the district was to allow the owner to rent to a variety of tenants in a variety of businesses and activities and accordingly will need to convert portions of the space from its past use to other types of uses . When enacting this provision of the Town Code , the Planning Board clearly intended for minor, incidental uses directly related to uses permitted by right. We feel this intent provides the Zoning Board of Appeals with a clear basis to conclude that the applicants proposed use is permitted within the zone . " Questions from the Board . Ron Krantz asked if most recording studios had electronic transmission . Mr. Bishop responded that most studios are used for recording and the programming is used at a later time . He stated that the electronic transmission was going to happen from Connecticut Hill , 7-miles away and that these would strictly be studios , not transmission facilities . David Mountin asked what determined the size and height of the antennae . Mr. Bishop responded and explained the function of each of the 3 antennae they were requesting . These included the emergency broadcast system . He also stated that if they wanted a bigger signal , they would increase the Connecticut Hill antennae , not the one being requested here . Ms . Brock asked for clarification on what he stated as well as what was stated in a letter sent to Mr. Kanter. It was stated that one of the transmitters would transmit a low-power signal to fill-in sections of Ithaca that the main transmitter may miss due to terrain . Mr. Bishop responded that this was the third antennae he had described and would be a low-power, not the main high-power transmission that comes from Connecticut Hill . Ms . Brock felt that would be characterized as a broadcast antennae and the application asserts that the antennae do not perform that function . Mr. Bishop responded that it is not the main function and that particular function could be stopped . Ms . Luciano stated that even so , it is not prohibited . Discussion ensued between Ms . Brock and Ms . Luciano regarding use as of right . Ms . Mann thought the planned development zone contradicts itself between the intent and the list of uses. Discussion followed . Mr. Sciarabba noted that during the development of the zone , they knew there would be interpretation questions because you can't think of everything . Ms . Luciano compared the broadcast function to an internet cafe . It is FCC approved to not interfere with anyone in the area . Ms . Brock reviewed what the Code Enforcement Officer determined and what the board had to decide was : 1 . whether the broadcasting studio is covered by the permitted recording studio in the law and 2 . Whether the antennae are a type of electronic transmission facility that is or isn 't allowed in the law. Discussion followed . Mr. Mountin opened the public hearing at 8 : 10 p . m . No one wished to address the Board . The public hearing was closed at 8 : 11 p . m . Discussion followed and a resolution was drafted . Page 6 of 18 Zoning Board of Appeals Minutes of August 18, 2008 Final ZB RESOLUTION NO. 2008-051 : Interpretation of Chapter 271, Section 271- 13 of the Town of Ithaca Code, South Hill Business Campus, 950 DanbY Road, Tax Parcel No. 39. 44. 2 MOTION made by Dave Mountin, seconded by Susan Mann. RESOLVED, that this board grants the appeal of the South Hill Business Campus requesting an interpretation of the requirements of the requirements of Chapter 271 , Section 27143 of the Town of Ithaca Code to be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road, Town of Ithaca Tax Parcel No, 39. 4 - 1 . 2, Planned Development Zone No. 12. The board makes the interpretation that the proposed broadcasting. studio and antennae are uses permitted by Planned Development Zone No. 12 for the following reasons: 1 . The Planned Development Zone No. 12 states that purposes of Planned Development Zones are to permit, where appropriate, a degree of flexibility in conventional land use and design regulations that will encourage development in an imaginative and innovative way while ensuring efficient investment of public improvements, a more suitable environment, and protection of community interest. The proposed facilities would meet the intent of that purpose. 2. The legislation for Planned Development Zone No. 12 states the Town 's Comprehensive Plan encourages light industrial and office park development in appropriate areas to provide a variety of employment opportunities and increase the tax base. The proposed facilities would meet these objectives. 31 The Planned Development Zone No. 12 specifically permits as of right recording studios. This board finds that the proposed on-air broadcast studio and related antenna are facilities that provide functions that are incidental to the primary uses of a recording studio, which is specifically permitted by the law. 4. The use of very small sized and unobtrusive antenna and local broadcasting on a low level, as proposed by the South Hill Business campus, we believe now . falls within the use, the terms of a recording studio. A vote on the motion resulted as follows: AYES: Krantz, Niefer, Mountin, Mann. NAYS: None, ABSTAIN: Ellsworth. Motion was declared to be carried. Vice Chairman Ellsworth assumes Chair responsibilities . Page 7 of 18 FILE DATE 8� ADOPTED RESOLUTION ZB RESOLUTION NO . 2008-051 Interpretation of Chapter 271 , Section 271 - 13 of the Town of Ithaca Code South Hill Business Campus 950 Danby Road Tax Parcel No . 39 . - 1 -1 . 2 August 18 , 2008 MOTION made by Dave Mountin , seconded by Susan Mann . RESOLVED , that this board grants the appeal of the South Hill Business Campus requesting an interpretation of the requirements of the requirements of Chapter 271 , Section 271 - 13 of the Town of Ithaca Code to be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road , Town of Ithaca Tax Parcel No . 39 . - 1 - 1 . 2 , Planned Development Zone No . 12 . The board makes the interpretation that the proposed broadcasting studio and antennae are uses permitted by Planned Development Zone No . 12 for the following reasons : 1 . The Planned Development Zone No . 12 states that purposes of Planned Development Zones are to permit , where appropriate , a degree of flexibility in conventional land use and design regulations that will encourage development in an imaginative and innovative way while ensuring efficient investment of public improvements , a more suitable environment , and protection of community interest . The proposed facilities would meet the intent of that purpose . 2 . The legislation for Planned Development Zone No . 12 states the Town ' s Comprehensive Plan encourages light industrial and office park development in appropriate areas to provide a variety of employment opportunities and increase the tax base . The proposed facilities would meet these objectives . 3 . The Planned Development Zone No . 12 specifically permits as of right recording studios . This board finds that the proposed on-air broadcast studio and related antenna are facilities that provide functions that are incidental to the primary uses of a recording studio , which is specifically permitted by the law. 4 . The use of very small sized and unobtrusive antenna and local broadcasting on a low level , as proposed by the South Hill Business campus , we believe now falls within the use , the terms of a recording studio . ZB RESOLUTION NO . 2008-051 PAGE 2 A vote on the motion resulted as follows : AYES : Krantz, Niefer, Mountin , Mann . NAYS : None . ABSTAIN : Ellsworth . Motion was declared to be carried . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of -Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 18th day of August 2008 . 'First Deputy- own Clerk Town of Ithaca proposed use and considered a use as of right or an accessory use, the appellant may need to obtain site plan approval . Please contact me at 273 - 1747 or email me at dkiley cr,town.ithaca.ny.us with any questions regarding this project. Att. - - - -- - ----- . • - • , � r fir ! ' (r'N( L r ( � (7 SEA 74-7 A 4 2 S e-T L4ZD �l V-A� - . , ►- . . «ate ,2o: ' � OFIT� � 99 TOWN OF ITHACA 18 21 4�' ¢_ 215 N. Tioga Street, ITHACA, N . Y . 14850 TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water&Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273 - 1747 ZONING 273- 1783 FAX (607) 273- 1704 PLANNING DEPARTMENT MEMORANDUM To : Zoning Board Members From : Darby Kiley, Plannerq Date : August 11 , 2008 RE : South Hill Business Campus (Finger Lakes Radio Group) - Town Code Interpretation Enclosed please find materials related to the request for an interpretation of the requirements of Chapter 271 , Section 271 - 13 of the Town of Ithaca Code because the appellant (Linda Luciano, Kristin Gutenberger, Agent) is proposing to renovate a suite in the South Hill Business Campus located at 950 Danby Road, Town of Ithaca Tax Parcel No . 39- 1 - 1 .2 , Planned Development Zone # 12 (PDZ # 12) . The proposal includes creating offices and broadcasting studios for the Finger Lakes Radio Group and installing exterior electronic transmission facilities (antennae) on the south side of the office building. The proposed on- air broadcasting use may be considered a recording studio, which is an allowable use in PDZ # 12 . It is not clear if the electronic transmission facilities accessory to the broadcasting uses are permitted. The appellant therefore seeks an interpretation of the allowable uses in PDZ # 12 by the Zoning Board. Additional variances could be necessary. The appellant applied for a building permit for interior renovations on June 6, 2008 . Town of Ithaca Code Enforcement Officer, Steve Williams, denied the building permit on the basis that the use proposed by the Finger Lakes Radio Group is not allowed in PDZ # 12 (See enclosed letter) . The appellant, owner of the South Hill Business campus, is requesting an interpretation of Town Code Section 271 - 13 . The appellant is proposing to lease office space to the Finger Lakes Radio Group, which would use the space for business offices for sales, management and administrative staff, one recording studio , and one on-air studio . The facility would also include the installation of three antennae in order to do the following: ( 1 ) to link to the main transmitter (located in Enfield), (2) to transmit to certain areas of Ithaca (where terrain limits the main transmitter), and (3 ) to receive the radio station for monitoring purposes . Based on the application materials and the height definition in the Town Code, the antennae would not need a height variance and would actually be lower than the height of part of the building. According to 6 NYCRR 617 (State Environmental Quality Review Law), interpreting an existing code, rule or regulation is considered a Type II Action. Therefore, the Zoning Board is not required to make an environmental determination for this project . Also according to General Municipal Law Section 239, a referral to the County is not required for interpretations. Subsequent to the Zoning Board ' s decision, there are several potential next steps. If the interpretation is not in favor of the proposed use, the applicant will not request a use variance, but rather will request that the Town Board amend the permitted uses in PDZ # 12 . If the interpretation is in favor of the 1 . Zoning Board of Appeals Application for Code Interpretation 2 . Town of Ithaca Environmental Review Short Environmental Assessment Form TOWN, OF I'T�IIACA 16 2008 215 N . Tioga Street, ITHACA, N . Y. 14850 -' TOWN CLERK 273-1721 ENGINEERING 273- 1747 PLANNING 273-1747 BUILDING AND 7A HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 Zoning Board of Appeals Application Form : SUBMIT, THIS ONLY AFTER: ( 1 ) APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETERMINATION /DENIAL FROM CODE ENFORCEMENT STAFF OR . (2) REFERRAL FROM PLANNING BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW. ZBA Appearance Fee: $ 100 For, Office �Jse Only Property is located *rtfun or adjacent to n : . Please check all that apply : ' ` County Ag Dtstrict Area Variance IJIVA t . Use Variance `� �� - k, fs �• � Sign Variance GEA Sprinkler Variance forest Home Historic Distract -, ,. , Special Approval ' State Parldanother munieipahty { X INTERPRETATION of 271 - 13 of the Town of Ithaca Code (Planned Development Zone No . 12) The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to renovate and lease space to the Finger Lal<es Radio Group 44 n 950 D at ._ y anb ' Road , Town .of .Ithaca Tax Parcel" No. 39 . - 1 - 1 .2 ` as shown on the accompanying application and/or plans or other supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any additional sheets as necessary): (please see .attached interpretation request) e i By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter MY property to inspect in connection with my application. . Signature of Owner/Appellant: Date: Signature of Appellant/Agent: _ � Date: Print Name Here: Kristin E . Gutenberger, Esq. Home/Cell Telephone Number:. 773 - 61. 5 - 1245 Work Telephone Number : 273 -6841 NOTE: If construction of work in accordance with any variances given does not commence within lg months, the variance Will ' e. Your attendance at the meeting is strongly advised. Revised 4-12-08 Town of Ithaca Environmental Review �. p SHORT ENVIRONMENTAL MENTAL ASSESSMENT FORM _ For' UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Appficant or Project Sponsor) 1. Applicant/Sponsor . 2. Project Name So �Tlr4 �{"►L_L BuS��SEsS ��i � u5 �ia' C�� ta: Lat<tr5 R �n► o t� � oap I'SaiTE 2 #3 0 IZirNoV A 'oiU 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map * ) . `I50 1) AuI�Y F-0a10 ZOMiACA � N 1W $ Sa Tax Parcel Number: : — 4: Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant items): PL E-A S 1. . S AMA CklEZ 1W p eETM`(W ' gel[�0 6ST l P Kd31E; C r . 'D ES c M pne oN . . (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: � q Initiall (0-5 rs)..$ 41S?Acres (6-10 rs) 51 • J G (>10 rs) Acres 7. How is land zoned presently? 80 Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict Briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO �C _ Public Water? YES NO X Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential LID R Commercial A Industrial X Agriculture Park/Forest/Open Space Other Please Describe: AWALrout peape T� 'C'n 5o4sM tS ®fptc.E ?Att.K C=of*4Mia26AAL 'TD V%Ae W0MT34 i �.ha Dv st �', s►L 1"bb Th EAQOC� CAc ro5S li�aopo) % 5 rAe a', om DEQSwTy ?ieS i oEtoY1 AL > " 114e WEST LzwEg 'ti Lo e415 E (�T1 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency, (Federal, State, Local?) YES _ NO . If yes, list agency name and pernut/approval/funding: Q -Woyg OF rTMCt>~ 1501 .D ', N (N DiaeAk't'MeNT , & ILDiW G% Ee"'lV CxAP) 14p r0 AWN 4f 'X:Tm vA Wq4 fbcARD S 'C %. Ata Prot/ L 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO_ If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: Applicant/Sponsor Name (Print or Type) : SoUM 6411 L V,u57^66S CAM f?uv L M01\ LOGiA &30 Signature and Date: ,r e'er Q Revised 4-12-08 1 1 SOUTH HILL BUSINESS CAMPUS (SUITE 230 ) LIST OF DOCUMENTS 11 Zoning Board of Appeals Application for Code Interpretation ' 2 . Town of Ithaca Environmental Review, Short Environmental Assessment Form 3 . Building permit denial letter from Code Enforcement Staff (including Town of Ithaca Code § 271 - 13 , Planned , Development Zone No . 12) 4 , Narrative of Interpretation Request/Project Description 51 Survey Map (reduced to 11 "x17 ".) 61 Town of Ithaca Zoning map showing property is not located in an Agricultural District 7 . Documents showing location of proposed Suite 230 and antennae (aerial view, map, and floor plan) 8, Photos showing surrounding views and location of proposed project 9 , Elevations showing location of antennae 10 , Antennae spec sheets 3 . Building permit denial letter from Code Enforcement Staff (including Town of Ithaca Code § 27143 , Planned Development Zone No . 12) Andy Ro Sciarabba Fax : 607-533-4732 Jun 27 2008 11 : 41am P002 orfr� to 21 TOWN OF ITHACA 215 North Tioga Sweet, Ithaca, N.Y. 14850 o www .town.,itbaca.ny.us TOWN CLERK 2731721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 2734656 ENGINEERING 273-1747 PLANNING 2734747 )BUILDING AND ZONING 273-1783 : FAX (607) 2731704 �Junclf8 , 20Q8 '; J Linda Luciano, Property Manager South Hill Business Campus 950 Danby Road ILbaCa, New York 14850 E��ux�dix�e k?uxmit Application for Suite 230 Dear Linda Luciano: O,� J U.I (5, 2008, our office received a building permit application ro renovate a suite in the Office -Power to accommodate the heeds of the Finger sakes Radio Group. According to the supporting documents submitted by Alan Bishop, the ow . and presidept of the Finger. sakes Radio Group in a letter dated June 11 , 2008 , that suite will be used- to establish sales, rmnagemmt and admutis=ive offices for a radio station. The construction project will also involve the creation of two on-air studios for broadcastiug :from this facility and the installation of several antennae mounted on the exterior of the building. l have revj.twed Mr. Bishop' s letter and Section 27113 of the Town of Ithaca Code to determine if this occupancy would be allowed in the )Tanned Development Zone created by the Towic of Ithaca Board by resolution LU August 2005 _. Section 271 - 13 (B) of tba 'town of Ithaca Code outI 18 sjI uses fvr planned Development Zone No. 12 also known as the South Hill Business Campus. This list . Of uses, does not include on-air radio studios for em broadcaster .or. electronsc..iransmissron. facilities; therefore this proposed, use is specifically excluded from the Ton Your building PCC.I this time because the proposed use is not allowed in this planned Dcvclop)aaeot Zonc. Every applivarrt that has been denied a buiildi�ng permit due to zoning requirements can apply for a remedy from the determination by malting application to the Zoning Board of Appeals. An application is enclosed for Your convenience. Should you have any questions or need additional infoixaaiiouy please feel fxto to call i7uc or JoAatbaza Kanter, Director of planning_ - Sincerely yQUrs, - Wi 1 Steven . .. - . I lams „ Code Enforcement: .OfTicer, Enclosure: ` . cc Herb Engamn - Town Supervisor Alaa Bishop - Owner/Presidmt, Finger Lakes Radio Group Jonathan Kanter - Director of Planning , Cbris Balestra - Liaison to the ZBA 1 TO / To 3DVC:4 r`!WVt ) Cn7WT.c;nq 11TH q q � g7. gG7. 1G1Q / C _ hT POIg7 / q7 / Qta t Andy Ro Sciarabba Fax : 607-533-4732 Jun 27 2008 11 : 41am P003/013 June�:-11 ; 2008 Mr. Jonathan Kanter Director of Planning Town of Ithaca 215 N. Tioga St. . Ithaca, NY 14850 3568 Lenox Rd Geneva NY 14-466 Dear Mr. Kanter, 315 .781 . 7000 Fax 3153811700 Linda Luciano at the South Hill Business Campus asked me to write you regarding our plans to establish offices and studios for Ithaca's newest radio station in their . 5998 Expedmental Rd building- Auburn NY 13021 315..258 . 0937 These facilities will consist of two on-air and/or,recording; stu.dos; as well as offices Fax 315 . 258.9248 for sales, management, and adnoinistrative staff.Actual tcansmuttj�ag £aczhhes :wiU4 not. be in;,tlus w clw.g:k They will be located on Connecticut Hill m the Robert 30 Maize Street Treman State Palk. (Dundee BAY 14837 607 .243 .7158 We would have some small antennas on the exterior of the. building that would not Fax 607. 243 . 7662 be I 'sible from the road.,, One antenna would be used to link our studios to the transmitter site. It_ would be mounted on a wall just above our space on the western WLLW side of the building, far from the road or entrance. This antenna is the Scala PR 950 The 99 . 3 F iM and retails for $817.00. 1 have included a spec sheet to show it' s small size. The Y 96 . 3 FM second antenna would be a Scala FMV that would transmit a low power signal to fill in areas of Ithaca the main bmansn3 tier may miss due to terrain. 'Ms antenna:, . WNYR the Scala FMV- l ' would be mounted in the same area, and not be visible from the 98 . 5 FM road. It retails for less than $500. The third antenna would be a simple, small TV antenna for receiving our radio . station for monitoring at the studio retailing for less WFLR-FM than $ 100. Again, this would be mounted in the same area just outside our space 95 . 9 FM and not be visible from the road. At this time we do not anticipate needing a satellite r eWing dish. Should we require one in the future, we would apply for Finger Lakes one with town zoning. News Radio I believe our tenancy in the building will be an asset to the entire Ithaca community. fir' V�' Should you have any other questions about our plans, please fell free to call me on WGGR 1240 my cell phone at (585) 330-2523 , . 1550 AM/ 1104 . 5 FM . Sincerely, WFLR 157.0 AM WAUB 1590 AM/ Alan Bishop. . 981 FM Owner/President Finger Lakes Visitors Channel _ W,SFW 1110 AM Andy Ro Scivabba Fax, : 607-533-4732 Jun 27 2008 11 : 41am P004/013 R � 3568 Lenox Rd Geneve MY 14456 • , 7000. P P Fax 315 .781 .7700 5998 Experimental Rd Auburn NY 13021 315 . 258 .0937 ,. Fax 315. 258 . 9248 30 Main Street Dundee ICY 14837 607.243.7158 Fax 607 , 243 . 7662 WLLW The Wall 99. 3 FIN 96 . 3 FM WNYR 98- 5 FM WFLRowFM 95 .9 FIN http://mail.sciambbawalker.com/servlet/webacc/gx3gpeRoflMhd2Fm9/GWAP/ARE F/2?a_ .. 6/13/2008 Andy Ro Sciarabba Fax : 607-533-4732 Jun 27 2008 11 : 41am P005 /013 Finger Lakes News Radio WGVA 1240 AM WCGR 1550 AM/ 104. 5 FM WFLR 1570 AM WAUB 1550 AM/ 98. 1 FM Finger Lakes Visitors Channel WSFW 1110 AM bttp ://mail.sciaimbbawalker.com/smIeVwebacc/gx3gpeRnfkkohd2Fmg/GwAp/ARFp/2?a. . . 6/13/2005 General Code E-Code : Town of Ithaca, NY Page 46 of 50 concrete highway monument; and RUNNING THENCE North 43 degrees 22 minutes 38 seconds West, a distance of 78 . 50 feet to a pin with cap set in the easterly line of said highway at the northern extreme of a triangular Highway Appropriation (see C . H . No . 1330 Map , No . 1 . 2) bounded by this and the previous course ; and RUNNING THENCE North 26 degrees 02 minutes 59 seconds West, a distance of 152 . 44 feet to a point in the easterly line of said highway ; and RUNNING THENCE North 85 degrees 49 minutes 58 seconds East, a distance of 345 . 95 feet to a point in the easterly line of the Town of Ithaca and westerly line of the Village of Cayuga Heights; and RUNNING THENCE South 23 degrees 04 minutes 18 seconds East, a distance of 264 . 78 feet along the said corporation line of the Village of Cayuga Heights and the line of the Town of Ithaca , to a point, and RUNNING THENCE South 32 degrees 45 minutes 11 seconds West, a distance of 112 . 96 feet to a point with a monument found 6 . 6 feet southwesterly thereof; and RUNNING THENCE South 11 degrees 03 minutes 04 seconds East, a distance of 104 . 00 feet to a point with a monument found 1 . 0 feet southerly thereof; and RUNNING THENCE South 73 degrees 14 minutes 16 seconds West, a distance of 97 . 86 feet to a point; and RUNNING THENCE South 60 degrees 05 minutes 46 seconds West, a distance of 88 . 27 feet, to the point or place of beginning . Containing 3 . 12 acres , be the same more or less . Being a portion of the lands of Noah 's Boat Club, Inc. , described in a deed to it recorded in Book 555 of Deeds at page 126 . § 271 -13 . Planned Development Zone No. 12 . [Added 9-12-2005 by L. L. No. 8-2005] A. Findings . ( 1 ) Many years ago , NCR Corporation built a large manufacturing facility at 950 Danby Road on South Hill in the Town of Ithaca , which building , with additions since its construction , now consists of approximately 162 , 004 square feet of manufacturing space , approximately 95 , 802 square feet of office space , approximately 6 , 768 square feet of cafeteria space , and approximately 12 , 560 square feet of other miscellaneous space ; (2 ) There are adjacent to said building approximately 1 , 200 parking spaces ; (3) Over the years , the ownership of the building and the surrounding property has changed , and they have recently been acquired by South Hill Business Campus , LLC (the owner) ; (4 ) Over the years , the occupancy of the building has gradually decreased to the point where today only approximately 87 , 329 square feet of the building is being utilized , a significant underutilization of available space; (5 ) To accomplish increased occupancy , the owner needs to be able to rent to a variety of tenants engaged in a variety of different businesses and activities , and accordingly will need to convert portions of the space from its past uses to other types of uses ; (6 ) It is the intention of the owner that such increased occupancies be accomplished in a cohesive manner and in a manner that does not cause adverse environmental effects under the State Environmental Quality Review Act and the regulations and local laws adopted thereunder that would exceed the environmental effects that would occur if the building were fully occupied in the manner in which it would be permitted to be occupied under the zoning regulations presently applicable to it; (7 ) The building and a portion of the surrounding property (the premises) are currently zoned Industrial ; (8 ) Under the current zoning , any change in use in the area of the building requires a site plan modification approval from the Planning Board before any construction or change may occur, which normally takes a minimum of 30 days to process to a hearing and obtain a decision , and sometimes takes longer when more than one meeting is necessary to make a decision ; http ://www. e-codes . generalcode . com/searchresults . asp?cmd=getdoc&Docld=56&Index=C . . . 7/7/2008 General Code E-Code : Town of Ithaca, NY Page 47 of 50 (9 ) If a use requested by a tenant is not one presently permitted in the Industrial Zone , the process may also require an appearance before the Zoning Board of Appeals for a decision , which takes an additional two or more weeks , and since the request is often for a use variance , the criteria for which are difficult to meet, it is sometimes impossible to obtain the needed variance ; ( 10) The owner has requested that the premises be rezoned to a Planned Development Zone ; ( 11 ) The requested rezoning would apply to the building and surrounding property that are currently zoned Industrial but would not apply to other adjacent property also owned by owner that is zoned Office Park Commercial ; ( 12) The purpose of a Planned Development Zone is to permit, where appropriate , a degree of flexibility in conventional land use and design regulations that will encourage development in an imaginative and innovative way while insuring efficient investment in public improvements , a more suitable environment and protection of community interest; ( 13) Given the nature of the building , its size , the amount of parking available , the access to a state highway , and other attributes and circumstances regarding the premises , uses other than those permitted in an industrial zone would be compatible with the surrounding area and would provide spaces for uses that would be helpful to other facilities in the area , including Ithaca College and Ithacare ; ( 14) The Town 's Comprehensive Plan encourages light industrial and office park development in appropriate areas to provide a variety of employment opportunities and to increase the tax base; ( 15 ) The premises meet the Town 's guidelines for light industrial and office park development, including access to municipal sewer and water, sufficient site area , safe and efficient road access , access by public transit, and adequate distance from incompatible uses; ( 16) The change of zoning from Industrial to Planned Development Zone is in accordance with the Comprehensive Plan , will provide flexibility in the redevelopment of an important facility in the Town consistent with community needs and character, will increase the variety of employment opportunities , will increase the tax base , and furthers the health and welfare of the community ; and ( 17) The Planning Board has recommended the adoption of this section and has approved a site plan for Planned Development Zone No . 12 , which approval will become effective upon the effective date of this section . B . Only the following uses are permitted of right in Planned Development Zone No . 12 : ( 1 ) Bank or other financial institution without a drive-through facility . (2 ) Business , administrative or professional offices. (3) Medical and dental clinics not involving any overnight occupancy . (4 ) Optician and related facilities . ( 5 ) Municipal or other governmental offices . (6 ) Industrial uses employing electric power or other motor power, or utilizing hand labor for fabrication or assembly . (7) Indoor warehousing and indoor storage including self-service storage facilities . (8 ) Printing , publishing and bookbinding . (9 ) Research and development facilities utilizing office spaces , indoor scientific laboratories , and other similar indoor spaces . ( 10) Conference and event center. ( 11 ) Off-premises catering . ( 12 ) Packaging/mailing service . ( 13) Arts and crafts gallery or studio . ( 14) Educational uses, provided the nature of the use is otherwise authorized in this Planned Development Zone (e . g . , an office used for educational purposes would be permitted , a dormitory http ://www. e-codes . generalcode . com/searchresults . asp?cmd=getdoc&Dodd=56&Index=C . . . 7/7/2008 General Code E-Code : Town of Ithaca, NY Page 48 of 50 used for educational purposes would not be permitted ) . ( 15) Any lawful manufacturing activity , except for the uses expressly enumerated below: (a) Any of the following factories or works : arsenal , blast furnace , boiler works , iron , steel , brass or copper foundry , metal ore , smelting , planing mill , rolling mill and stockyards or slaughterhouse . (b) The manufacturing or storage of explosives and gas , oil and other flammables or petroleum products . ( 16 ) Cafeteria providing dining services primarily for occupants of the building (s) in Planned Development Zone No. 12 . ( 17) Fitness center with related shower and ancillary facilities . ( 18) Recording studio . C . The following uses are permitted in Planned Development Zone No . 12 but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in Chapter 270 of the Code of the Town of Ithaca (Chapter 270) : ( 1 ) Restaurant without a drive-through facility . (2 ) Clubhouse , lodge , community center. (3 ) Hospital , medical or dental clinic that involves overnight occupancy . D . The following uses are specifically prohibited in Planned Development Zone No . 12 : ( 1 ) Dwelling units , except as an accessory use as set forth below. (2 ) Sales of any products at retail to the general public except as the same may be related to and an incidental by -product of a permitted principal use , such as manufacturing , and except as may be authorized specifically by this section , such as restaurant sales or sales related to an arts and crafts gallery or studio . (3 ) Motel . (4) Hotel . (5) Adult entertainment business. (6) Restaurant, bank, or any other enterprise with a drive-through facility . E . The following accessory uses are permitted in Planned Development Zone No . 12 : ( 1 ) Automobile parking and off-street loading areas , subject to the further requirements of Chapter 270 . (2 ) Accessory storage buildings , but not to include outside storage . (3 ) Signs , as regulated by Chapter 221 of the Code of the Town of Ithaca entitled "Signs . " (4 ) The dwelling of a guard , caretaker or custodian but not more than one dwelling unit per building . (5) Guardhouse . (6 ) Common recreational areas including playfields , ballfields , tennis and volleyball courts , swimming pools , walkways , parks , community gardens , and other similar outdoor recreational facilities. (7 ) Incidental retail sales of candy , ice cream , baked goods , flowers , and other small items intended primarily for occupants and tenants of the premises . F . The following accessory uses are permitted in Planned Development Zone No . 12 but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in Chapter 270 : ( 1 ) Child day-care centers . (2 ) Any municipal or public utility structures necessary to the provision of utility services for the permitted facilities . (3 ) Fences up to eight feet in height if approved by the Planning Board as appropriate and necessary for any use otherwise permitted by this section . http ://www. e-codes . generalcode . com/searchresults . asp ?cmd=getdoc&Dodd=56&Index=C . . . 7/7/2008 General Code E-Code : Town of Ithaca, NY Page 49 of 50 G. Any use and construction in Planned Development Zone No . 12 shall be governed by all of the requirements, including placement of structures , minimum area , height limitations , yard regulations , building area , minimum usable open space , lot sizes and areas, off-street loading , access and sidewalks, buffer areas and screening , displays, performance standards , and similar requirements , of an Industrial Zone , except as the same may be specifically modified by the terms of this section . H . Compliance with site plan required . ( 1 ) Except as set forth in Subsection I below, no building permit shall be issued for a building or structure within Planned Development Zone No. 12 nor shall any existing building , structure , occupancy or use in such Zone be changed unless the proposed building , structure , occupancy and/or use is in accordance with a site plan approved by the Planning Board or with a modified site plan approved pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270 . (2 ) In addition to the actions listed in § 270- 191 that require Planning Board approval of modified site plans , any change in occupancy or use of the premises that involves the on-site transport, use , storage or disposal of hazardous substances shall require prior Planning Board approval of a modified site plan pursuant to the provisions of Article XXIII . I . Notwithstanding the immediately preceding subsection , no site plan approval shall be required for any change in occupancy that does not include a change in use , nor for any modification of use from a use permitted as of right to another use permitted as of right in Planned Development Zone No . 12 , provided : ( 1 ) No new building , no construction on the exterior of any existing buildings , and no change in any of the facilities outside existing buildings (e . g . , lighting , grading , parking , or other exterior physical feature) are required to effect such change in occupancy or use ; and (2 ) All construction related to such change is in the interior of existing buildings; and (3 ) Any construction required in connection with such change complies in all respects with all applicable building codes and environmental regulations; and (4 ) The party effecting such change has obtained , if required by any applicable building or environmental code: (a) A building permit; and (b) Before occupancy of the altered space , a certificate of occupancy ; and (5) The proposed change in occupancy or use does not involve the on-site transport, use , storage or disposal of hazardous substances. J . All of the area rezoned pursuant to this setion shall be owned by the same party and there shall be no subdivision of the area contained in Planned Development Zone No . 12 . K. The area encompassed and rezoned in accordance with this section to Planned Development Zone No . 12 is described on Schedule A to this section . The official Zoning Map of the Town of Ithaca is hereby amended by adding such zone at the location described . L .Any violations of the terms of this section shall constitute a violation of Chapter 270 of the Code of the Town of Ithaca and shall be punishable as set forth in said Code and in § 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense . Notwithstanding the foregoing , the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section , including , without limitation , actions for any injunction or other equitable remedy , or action and damages , in the event the owner of the parcel covered by this section fails to comply with any of the provisions hereof. " Schedule A Description of Property To Be Rezoned to Planned Development Zone No . 12 ALL THAT TRACT OR PARCEL LAND situate in the Town of Ithaca , Tompkins County , New York, being more particularly described as follows: COMMENCING at a point in the westerly highway line of Danby Road ( N . Y . S . Route 96B) which point is in the southeasterly corner of premises reputedly owned by I . C . S . Development Partners , Inc. (734 Deeds 37 ) and which point is approximately 200 feet northerly from a north line of the http ://www. e-codes . generalcode . com/searchresults . asp?cmd=getdoc&Dodd=56&Index=C . . . 7/7/2008 Caeneral Code E-Code : Town of Ithaca, NY Page 50 of 50 driveway serving what is now known as the South Hill Business Campus at 950 Danby Road ; running thence along the westerly line of Danby Road South 20 ° 51 ' 37" West a distance of 168 . 81 feet; thence South 68 ° 32' 1 " East along a highway line of Danby Road a distance of 13 feet to a point; thence South 210 37 ' 55" West along the westerly line of Danby Road a distance of 953 . 16 feet to a point; thence South 220 42' 32" West along the westerly line of Danby Road a distance of 463 . 00 feet to a point; thence approximately North 660 West a distance of approximately 330 feet to a point immediately East of an asphalt parking area ; thence approximately north 840 West a distance of approximately 1030 feet to an iron pipe ; thence North 60 49' 21 " East a distance of 832 . 60 feet to an iron pipe in a southerly line of premises reputedly of Bracewell (554 Deeds 964 ) ; thence South 850 46 ' 36" East 422 . 75 feet to a pin set at the intersection of two stone walls ; thence North 70 11 ' 20" East a distance of 625 . 43 feet to an iron pipe found at a southwesterly corner of premises reputedly of Emersub IV, Inc. (592 Deed 1080) ; thence South 830 51 ' 55" East along the Emersub IV, Inc. property line a distance of 968 . 14 feet to a pipe in a southwest corner of premises reputedly of I . C . S . Development Partners , Inc. (734 Deeds 37 ) ; thence South 83 ° 03' 41 " East a distance of 414 . 30 feet to the point or place of beginning . The above described premises are more fully shown on a map entitled : "South Hill Business Campus, 950 Danby Road , Survey Map" , a copy of which is on file in the Town of Ithaca Planning Office. http : //www. e-codes . generalcode . com/searchresults . asp?cmd=getdoc&Docld=56&Index=C . . . 7/7/2008 49 Narrative of Internretation Request/Project Description South Hill Business Campus Interpretation Request/Project Description The South Hill Business Campus (Applicant) respectfully submits this appeal for an interpretation of § 271 - 13 , Planned Development Zone No . 12, of the Town of Ithaca Code, and seeks a reversal of the determination of Steven Williams, Code Enforcement Officer, for the Town of Ithaca, dated June 18 , 2008 . Background : The Applicant is the owner of the property located at 950 Danby Road, Ithaca, New York, known as South Hill Business Campus. Subsequent to the purchase of the property and with the support of the Applicant, in 2005 the Town of Ithaca Board passed a resolution adopting §271 - 13 , Planned Development Zone No . 12 . Pursuant to local law, on June 6 , 2008 , the Applicant submitted a building permit application to the Town of Ithaca for the build-out of office space to be leased to the Finger Lakes Radio Group . The Town Code Enforcement Officer denied the application stating that the "use is not allowed in this Planned Development Zone . " Basis of Interpretation Request: Within the Planned Development Zone No . 12, the Town of Ithaca Planning Board specified 6 prohibited uses . These prohibited uses all relate to over-night accommodations, adult entertainment, retail stores, and drive-through facilities, none of which apply to the intended or incidental use of the Finger Lakes Radio Group . There are also 18 uses articulated as permitted of right" within the zone . Two of these permitted uses are business offices and recording studios . The Applicant is seeking to lease part of the building to a tenant that will use it primarily as business offices for sales and advertising, a use which is permitted of right. In addition, there is one small recording studio (approx . 12' 6 " x 14' 5 " ) to be included within the leased space, which is also permitted of right. Lastly, as an incidental use, there will be one small "on-air" recording studio (approx. 12' 6 " x 12' 8 ") included as well . The actual broadcasting of the programs created in both studios will not take place from this location . All programs will be sent via three small antennae to a remote location 7 miles away, for broadcasting to the general public . It is important to note that these antennae will not be visible from the road and are comparable to typical television antennae/satellite dishes found in residential districts . This request for an interpretation centers on whether an "on-air" recording studio is included within the definition of "recording studio," a use permitted of right. Applicant requests an interpretation of the law in favor of allowing incidental uses that specifically relate to the primary permitted use of a tenant where the incidental use is not prohibited. Factors that the Applicant would like the Zoning Board of Appeals to consider when making its determination are the intent of the Town Planning Board when creating the Planned Development Zone, the actual use of the space if leased to this tenant, and the benefits the community will receive if the Applicant is permitted to lease the space for the requested use . Factors to Consider: Under New York Law, the Zoning Board of Appeals ' primary objectives in an interpretive appeal are ( 1 ) to determine as nearly as possible the original intent of the governing board in enacting the regulation in question, and (2) to arrive at the most practical solution. The Applicant' s proposed use is based on the apparent intent of the Town of Ithaca Planning Board when creating this zone . The Town Planning Board intended to allow for flexibility in leasing within this zone . Specifically, as stated in § 271 - 13 , section 2(a)(5), the original basis for creating this district was to allow the owner "to be able to rent to a variety of tenants engaged in a variety of different businesses and activities, and accordingly will need to convert portions of the space from its past uses to other types of uses . " Interpreting the law in favor of the Applicant' s request to use this space for business offices, recording studios, and "on-air" recording studios would allow the flexibility envisioned by the Town Planning Board . Further, the size of the overall building is approximately 288 ,000 square feet. The space that is in question comprises 2 ,683 square feet. Approximately 2 , 527 square feet of the leased space will be occupied for uses permitted of right. The remaining 156 square feet of the space will be used for the recording of on-air programing. This "on-air" studio use is a minor component of the overall business and will only comprise approximately 5 . 8% of the space . When considering the impact of this use within the zoning district, the use makes up only . 05 % of the entire building . Additionally, the signals emanating from this facility will not be available for consumption by the general public, and as such, will be less intrusive to the surrounding environment than even typical wi-fi networks utilized by internet cafes and coffee houses . Lastly, according to the Town of Ithaca Code § 271 - 13 , section 2(a)( 12) , "the purpose of a Planned Development Zone is to permit, where appropriate, a degree of flexibility in conventional land use and design regulations that will encourage development in an imaginative and innovative way while insuring efficient investment in public improvements, a more suitable environment and protection of community interest. " Taking this intent into consideration, the Zoning Board of Appeals should note the invaluable benefits to the community from having another local radio station. Many small town radio stations across America are being acquired by national broadcasting companies . The result is a lack of community specific information being disseminated and fewer community events being publicized . In order to keep our community well informed, the presence of local radio stations is imperative . Conclusion : In enacting this provision of the Town Code, the Town Planning Board intended to allow minor and incidental uses directly related to the uses permitted of right. This intent provides the Zoning Board of Appeals with a clear basis to conclude that the Applicant ' s proposed use is permitted in this zone . Further, the Town Planning Board plainly intended that the uses permitted in this zone would ensure protection of community interests . This further intent of the Town Planning Board provides additional basis for the Zoning Board of Appeals to determine that this Code provision would allow for the Applicant' s proposed use . r a i i x P , T 5 ® Survey Map ,reduced t ® 11 " x17 " t , A f i q j . i { d 5 z i 1 x t F i i S 1 i } i i t i i I r i 3 w ,f t t r f t 60 0 60 120 180 i Q I Scale 1 " = 60' W W I.C.S. DEVELOPMENT PARTNERS INC. (R.O.) / TOMPKINS COUNTY IDA (R.O.) / TAX MAP PARCEL3No340-3-9.1 + 9.3 2512/5758 ZONED R-15 TAX MAP PARCEL No. 40-3-3 / ZONED INDUSTRIAL Iz 2 ,0 0 U PIPE S 83'51'55" E 968.14' Prro, S 83'03'41" E 414.30', TOTAL TO HIGHWAY LINE PIPE PROPERTY LINE I h NOTES LEGEND 0 EXIS77MG IRON PIPE 4v 1.) THE SUBJECT PROPERTY SHOWN HEREON REPRESENTS THE EXTERIOR 0 cALcuLATED BUILDING FOOTPRINT. (BEING PART OF TOWN OF ITHACA TAX MAP ,ry PARCEL 39-1-1.1 do PARCEL 39-1-1.2) -4C�- UTILITY POLE 2.) THIS SURVEY IS MADE IN ACCORDANCE WITH THE DOCUMENTS OF RECORD NOTED HEREON. SUBJECT TO ANY STATE OF FACTS AN ACCURATE UP-TO-DATE ABSTRACT OF TITLE MAY SHOW. t�• ! 3.) REFERENCE SURVEY MAP ENTITLED 'SURVEY MAP No. 950 DANBY ROAD...' DATED AUGUST 14, 1997 BY T.G. MILLER P.C. SAID SURVEY MAP IS FILED IN THE TOMPKINS COUNTY 4.) REFERENCE SURVEY MAP ENTITLED 'ALTA/ACSM MAP SHOWING / P ro LANDS OF AXIOHM IPB, INC. DATED 5/23/2000 BY T.G. MILLER P.C. SAID SURVEY MAP IS FILED IN THE TOMPKINS COUNTY CLERKS OFFICE. _ 'ENACT ENTRNyOE/ �� ISLAND / ISLAND / 1� y S 03'44' E / 46.2' ' . N. 16' E P.D.S. N 03'44' W ?:i.��^ 7• S 36.0' .._.::-E g7.7' tK a N 86'16,:. N 86'1 I No / w N N 86'16' E�� 40.2' �G �F� _ S 48'39 E N "J QJ�OO�ry G��PQ�\��1 s V��1=- 26.3'zPP S 867 4 W P < <' (',� ' �� A8J BUILDING 40 G� .�`V�g�•cC�--�. o. 950 / �� ���� �� Q y 1 b tK -6QP04 N 48'39' W b��ry J 2`'P off' h 24.0' WNC 11.9 a k ELEC. g� - LU f`e p AJ .ti g9• !VQ-� a1 Q. s G W ti ti AB, 3 ry� Q R�yA � ti Q�� � 511tii1S�1:F£rjt,�F! ,(\ z It Y pY �®e •• ������ -;F TITLE INFORMATION W a &a, [rem R 0I 1K IO®IM�IIMOI FOR>I>MIR NIW M®IL SOUTH HILL BUSINESS CAMPUS LLC -r- TITLE: SURVEY MAP RLMSED INSTRUMENT N0. 465869-001 G SHOWING PROPOSED EMPIRE ZONE PARCEL P/0 TAX MAP PARCELS 39-1-1.1&1.2 L—SJ AREA = 3.095 ACRES 134,833 SQ. FT LOCATED AT NO. 950 DANBY ROAD � � T. G. MILLER P.C. ENGINEERS AND SURVEYORS TOWN OF MgACA, TOMPKINS COUNTY, NEW YORK 203 NORM AAWA STREET ITWA NEW YORK 14&W TEL(607)272-eon DAT 1/31/20051 SCALE: 1 60' . 505041 6 . Town of Ithaca Zoninjj map showing property is not located in an Agricultural District Villa eofLansi Town of Ithaca • Zoning Map MDR (Effective April 1,2004 ,Revised December 11,2006) 4 P11 O Lakefront Residential(LR) Village Cayuga Heig hts • Low Density Residential(LDR) Heights C Medium Density Residential(MDR) :P High Density Residential(HDR) ® Mobile Home Park(MHP) AG ® Multiple Residence(MR) ^MDR - Vehicle Fuel and Repair(VFR) - Office Park Commercial(OPC) O Neighborhood Commercial(NC) • Community Commercial(CC) City of Ithaca Lakefront Commercial(LC) y Agricultural(AG) - Conservation(C) Planned Development Zones(P) MDR O Light Industrial(LI) oa Industrial(1) MDR AG ^ ^ l� Cayuga Lake 0.5 0 0.5 1 Wes \ Town of Ithaca •°�" _ 215 N.Tioga Street v C N Ithaca,NY 14850 ,• 3 NOTE: Refer also to Town of Ithaca Zoning Ordinance and to ° Town Board local laws and ordinances rezoning certain areas ° for additional information on specific boundaries. r, The official signatures below certify this map as the Official Zoning ,z MDR Map of the Town of Ithaca,effective April 1,2004,adopted by the Town Board by Resolution No.195 on December 8,2003,and } " AG V1 revised December 11,2006,by Town Board Resolution No.2006-263. LDR 3 9 MD Catherine Valentino,Town Supervisor u � Town or Newfield town or uanby Tee Ann Hunter,Town Clerk * Not in an Agricultural District a r 7m Documents s ®w '^t� fie jl �, �w z- rM a r D mss 5, r< a k rt r 3\ � N r }3 � F q` 1 z .1 i 4 R r P € F s r xr n� t i �. �Mxr —a r 60 0 60 120 180 0 U y Scale 1 " = 60' / g I.C.S. DEVELOPMENT PARTNERS INC. (R'.0'.) TOMPKINS 25 COUNT/5758 Y DA (R.O.) / TAX MAP PARCEL N .R 4053-9.1 + 9.3 RS I/ TAX MAP PARCEL No. 40-3-3 ZONED INDUSTRIAL PIPE POPE S 83'51'55" E 968.14' D. S 83'03'41 E 414.30_ TOTAL TO HIGHWAY LINE_ MD. 63.3't PROPERTY UAL' / h �ry � LECEND NOTES / • EXISTING IRON PIPE / 1.) THE SUBJECT PROPERTY SHOWN HEREON REPRESENTS THE EXTERIOR p CALCULATED POINr BUILDING FOOTPRINT. (BEING PART OF TOWN OF ITHACA TAX MAP �... unLrn POLE eyat' •�/ PARCEL 39-1-1.1 & PARCEL 39-1-1.2) 2.) THIS SURVEY IS MADE IN ACCORDANCE WITH THE DOCUMENTS OF RECORD NOTED HEREON. SUBJECT TO ANY STATE OF FACTS AN ACCURATE UP-TO-DATE ABSTRACT OF TITLE MAY SHOW. / 3 3.) REFERENCE SURVEY MAP ENTITLED "SURVEY MAP No. 950 DANBY ROAD... DATED AUGUST 14, 1997 BY T.G. MILLER P.C. 44 SAID SURVEY MAP IS FILED IN THE TOMPKINS COUNTY +�/ PIPE FNO. 4.) REFERENCE SURVEY MAP ENTITLED "ALTA/ACSM MAP SHOWING LANDS OF AXIOHM IPB, INC. DATED 5/23//2000 BY T.G. MILLER P.C. MPKINS COUNTY CLERKS OFFICE. ASPHALT "! SAID SURVEY MAP IS FILED IN THE TO � PJ77tANCE/ mw ^� ISLAND / ISLAND / 46.2' :'ti.?'`..• j6 E P.0.9. N 03'44' t. »�:,.�s>N: 77- S 67411 36 977' e z j�47 N 86'16,.. _N g616 *cbr kit« / �KO�o$E� 27.8' — '';' ,'?'•• �O /� a `OGxoa N 86'16' E= (�� �. ._.r,:..'� 40.2' "J G �� aF 5011E 23c7 8'39' E H 3 a 6.3'-PR Qyo�QJ�pp1'L�y1QQ�\t'�, 86 4 7. n GV C( brp\/ `p (gyp �rV�RO.cf o. 950 I \ [\"4 b �P���\2Ci ��J�O {bar a� O GA QQ�0 N P N 48'39' W = boi \414P O � 24.0 —p y o Oi Q lb �tK, q CD CONC.AAD 41 Lj ---- w 3 ems' �� `",��� �1t• Q O9 ary Try. h c\ � 5r>9 N R8 /55 - ry^ C ALdom a 7) PP e cc— LAND TITLE INFORMATION REVISED SOUTH HILL BUSINESS CAMPUS LLC -- TITLE: SURVEY MAP INSTRUMENT NO. 465869-001 G SHOWING PROPOSED EMPIRE ZONE PARCEL P/0 TAX MAP PARCELS 39-1-1.1&1.2 LOCATED AT NO. 950 DANBY ROAD AREA = 3.095 ACRES (134,833 SQ. FT.) T. G. MILLER P.C. ENGINEERS AND SURVEYORS TOWN OF lTHACA, TOMPKINS COUNTY, NEW YORK 203 NORTH ALRLOPA STREET much.WEN YORK 14a50 DATE: SCALE: . 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F35olu�o f � v umc Bo z 5m �`— Y= � L tt my qm. — r �3d= 3�ma�_ ;o E m�ap�Li+bE Is z PRL mm°$, mm NEE°v' dE Ba EO'my z gL'—;`odc�An o- FF �11 xf-va;°.a3m°Ori�U !,H°-�"cr inML O �$ AL° L2 sn°�ffi ffimo st '�i coc tt0 o LLm W n F F N (9 .- fi eri v ui m 8. Photos showing surrounding views and location of proposed project X Y kAkA A-`ta ' gy. View of proposed location of antennae - showing roof and 1 story monitor ' .t vc jv xkY a � . . - - ° ^ 9 CD - � R .. . . . . . .. S f . . . c -• § / o . . �. ^, 111 ,�.It177x1,'1JY1ill.7.111., t jag maiA LUOIJ atuualue piaigs [JIM JOIIUOW Xiots I Ile, 1Ip,5 1 2•xb sue: � v S f � i�„ laid -- m lb rim s O F _ h n} Q c O/v C N C C i � v { x5 C C77 O � , O �n Q- ar p 3 View from the West(employee parking lot)- antennae will not be visible approximately 30' from building Q�af t } S } J ' ei MM C �Nr+ a i k y 4 ; ,�"�a. yam', �..�o::�s....��,,._:.,:,z..:.�.w.m.._._•' - -_ View from the West(employee parking lot) - antennae will not be visible r l approximately 9o' from building MaN 3 �A v.� aa, HILL SOUN Y¢¢ } 2. �. I F 4 .y 33 • 2 it �I View showing employee parking lot- looking West I � _ w 9 . Elevations showing location of antennae ri z N 1. v U Q U L [ CAS ICJ ( � iVry G S L j m -Ti -.0 I i i i I 1 I { - I 1 . - , II ii ! l I { it 1 I f I i 1 i I C �/) � I V r � s e . ..... . ..., _-._.. . . . .. . .. . _l. ._._._..--. _ ._ . % III' I , II . { - I I : I • 1 -� - - ED i I I 1 z �, - - FE_ _-- _- } - EAO - J I I I -r m f I I�i t i i !j I,I I I'_l�l I l Ii I I�I��!IjiIII:I�l�iI II l!Ilii�lI�l1i _ IuIii i I,, it > > PROPOSED ELEVATIONS ° m z_ a SOUTH HILL BUSINESS - 1. ---CAMPUS > 950 DANSY ROAD ITHACA, NY -+ z in GEORGE 4' FREUR41LIS, ARCHITECT 950 DANBi ROAD SUITE 220 V ` .— r j1 1 {. I t I' , ITHACA N" 14854 TEL: 607-257-8348 11 1 1 i I 1 V I i II I I 1 it a ..._.... ----- ._. .. _........._ . . __ ___ it ! t i r/ sy I i I I j � I !cam --------------- _ _--- I ' - _ _.... . . _..,..... .._, ... . _ ....... _ . 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ITHACA NY 14850 1 1 ® Antennae spec sheets �Y r 4 .' IVI v ` . SCALD DIVISION FMVMP FM DIPOLE ANTENNA 1 dBd gain 88 to 108 MHz r,£ � a Kathrein Scala Division FMV and FMVMP dipole antennas for FM I I € radio transmission offer high performance, easy installation , and I `' application flexibility. Dipoles may be stacked for more gain and higher power handling capacity as required. Arrays include power dividers and coax feeders, plus installation hardware. j Like all Kathrein Scala Division antennas, the FMV and FMVMP are made of the finest materials using state of the .art electrical and mechanical designs, resulting in superior performance and long service life. All FMV and FMVMP antennas feature: " a Triple laminated dipole for superior strength . .r 6 Anodized aluminum and stainless steel construction designed to survive extreme weather. ® Internal balun is sealed in a cast aluminum housing to prevent moisture ingress and ice damage. ® Entire antenna is at DC ground potential for superior resistance �. to lightning . a General Specifications : Frequency 88 to 108 MHzk Bandwidth 88-98 MHz, 93-103 MHz. or 98-108 MHz — •'sg Impedance 50 ohms FMV-1 VSWR < 1 . 5: 1 FMVMP-1 Polarization Vertical Maximum input power FMV 100 wafts (at 500 C) FMVMP 500 watts (at 500 C) Connector N female (other terminations are available for stacked arrays) Wind survival rating' 120 mph (200 kph) Mounting For masts of 2.375 inch (60 mm) OD (using "o° o supplied hardware) . n ° i '- 300 60 Mechanical design is based on environmental conditions as stipulated in EIA-222-F (June 1996) and/or ETS 300 019-1 -4 which include the static mechanical load imposed on an antenna by wind at maximum velocity. See , z 2700 _d 900 the Engineering Section of the catalog for further details ^ ` 10° \ � 70 '?0° { B \ 0 O / •D \ O ,S O° N tB0° Azimuth pattern TUV 10480-C Kathrein Inc. , Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541 ) 779-6500 Fax: (541 ) 779-6575 Email: broadcast @kathrein.com Internet: www. kathrein-scala.com } ann t �4I f � Y Ila 'SCK. L DIVIS10 MY FM DIPOLE ANTENNA 1 dBd gain 88 to 108 MHz Specifications : Frequency Gain Weight Power Equivalent Number of Model MHz dBd lb (kg) Gain Dimensions Flat Plate Area Antennas FMV-1 88-98 1 6 (2.7) 1 .26 56 x 25 inches (1422 x 635 mm) 0.69 ft2 (0.0646 m2) 1 93-103 1 6 (2.7) 1 .26 53 x 24 inches (1347 x 610 mm) 0.66 ft2 (0.061 m2) 1 98-108 1 6 (2.7) 1 .26 51 x 23 inches ( 1422 x 585 mm) 0.64 ft2 (0.059 m2) 1 FMV-2 88-98 3.5 18 (8.2) 2.24 166 x 25 inches (4216 x 635 mm) 1 .64 ft2 (0. 153 m2) 2 93-103 3 . 5 18 (8.2) 2.24 158 x 24 inches (4014 x 610 mm) 1 .58 ft2 (0. 146M2) 2 98-108 3 . 5 18 (8.2) 2.24 151 x 23 inches (3836 x 585 mm) 1 .51 ft2 (0. 14M2) 2 FMV-3 88-98 4.9 29 (13.2) 3. 10 276 x 25 inches (7010 x 635 mm) 2.56 ft2 (0.237 m2) 3 93-103 4 .9 29 ( 13.2) 3. 10 263 x 24 inches (6681 x 610 mm) 2.35 ft2 (0.218 m2) 3 98-108 4 .9 29 (13.2) 3. 10 251 x 23 inches (6376 x 585 mm) 2.34 ft2 (0.217M2) 3 FMV-4 88-98 6 43 (19.5) 3.98 386 x 25 inches (9804 x 635 mm) 3.48 ft2 (0.323M2) 4 93-103 6 43 (19 .5) 3 .98 368 x 24 inches (9348 x 610 mm) 3.32 ft2 (0.308M2) 4 98-108 6 43 (19.5) 3.98 351 x 23 inches (8916 x 585 mm) 3. 18 ft2 (0.295M2) 4 FMVMP- 1 88-98 1 6 (2.7) 1 .26 56 x 33 inches (1422 x 838 mm) 0.69 ft2 (0,064M2) 1 93-103 1 6 (2.7) 1 .26 53 x 27.5 inches (1347 x 699 mm) 0.72 ft2 (0.067M2) 1 98-108 1 6 (2.7) 1 .26 51 x 26 inches (1422 x 661 mm) 0.66 ft2 (0.061 m2) 1 FMVMP-2 88-98 3 .5 23 (10.5) 2.24 166 x 33 inches (4216 x 838 mm) 1 .7 ft2 (0. 157M2) 2 93-103 3 .5 23 (10 .5) 2.24 158 x 31 .5 inches (4014 x 800 mm) 1 .62 ft2 (0. 15 m2) 2 98-108 3 . 5 23 (10.5) 2 .24 151 x 30 inches (3836 x 762 mm) 1 .55 ft2 (0. 144 m2) 2 FMVMP-3 88-98 4.9 34 (15 .5) 3. 10 276 x 33 inches (7010 x 838 mm) 2.61 ft2 (0.243 rl)2) 3 93-103 4.9 34 (15.5) 3. 10 263 x 31 .5 inches (6681 x 800 mm) 2.49 ft2 (0.232 m2) 3 _ 98-108 4.9 34 (15.5) 3. 10 251 x 30 inches (6376 x 762 mm) 2.39 ft2 (0.222 m2) 3 FMVMP-4 88-98 6 48 (21 .8) 3.98 386 x 33 inches (9804 x 838 mm) 3.52 ft2 (0.328 m2) 4 93-103 6 48 (21 .8) 3.98 368 x 31 .5 inches (9348 x 800 mm) 3.37 ft2 (0.313 m2) 4 98-108 6 48 (21 .8) 3.98 351 x 30 inches (8916 x 762 mm) 3.22 ft2 (0.299M2) 4 All specifications are subject to change without notice Kathrein Inc. , Scala Division Post Office Box.4580 Medford , OR 97501 (USA) Phone: (541 ) 779-6500 Fax: (541 ) 779-6575 Email : broadcast@kathrein.com Internet: www.kathrein-scala.com FMV SCALA DIVISION FM DIPOLE ANTENNA 1 dBd gain 88 to 108 MHz Elevation patterns One bay Four bays 1 0 1 .0 ;<f ttx p 0.8 au t. x f 0 8 t L Wo -O 1 1 T J If i 4 r1 LL 0 .6- k N?2 S'-'e�E 06 vt h j y5 t _ x e04 `4 0.4 ` r a, NIL T. 0 - 10 0 10 20 30 - 10 0 10. . 20 „ 30 Depression Angle (degrees) I Depression Angle (degrees) Two bays 1 . 0 0.8 0.6 0.4 '777T 7:7777 [C 0. 2 0 -10 0 10 20 .30 Depression Angle (degrees) Order Information : Model Description FMV 88-98 MHz antenna FMV 93-103 MHz antenna FMV 98-108 MHz antenna FMVMP 88-98 MHz antenna FMVMP 93-103 MHz antenna FMVMP 98-108 MHz antenna All specifications are subject to change without notice Kathrein Inc., Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541 ) 779-6500 Fax : (541 ) 779-3991 Email: mail@kathroin.com Internet: www.kathrein-scala.com l FMV /- SCALA DIVISION VMP FM DIPOLE ANTENNA 1 dBd gain 88 to 108 MHz -o B One bay i Two bays A Three bays Dimensions: A 8 FMV 88-98 MHz 56 inches 25 inches (1422 mm) (635 mm) 93-103 MHz 53 inches 24 inches (1347 mm) (610 mm) 98-108 MHz 51 inches 23 inches (1422 mm) (585 mm) FMVMP 88-98 MHz 56 inches 33 inches (1422 mm) (838 mm) Four bays 93-103 MHz 53 inches 31 .5 inches (1347 mm) (800 mm) 98-108 MHz 51 inches Winches (1422 mm) (762 mm) Mast not supplied by Kathrein-Scala --� Installation note: In order to obtain proper impedance matching ( minimum VSWR) and radiation patterns as shown the FMV and FMVMP antennas must be attached to a 2.375 inch (60 mm) OD mast that extends at least 12 inches (305 mm) above and below the antenna dipoles. All specifications are subject to change without notice Kathrein Inc. , Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541 ) 779-6500 Fax: (541 ) 779-6575 Email : broadcast @kathrein.com Internet: www.kathrein-scala.com is i JiR i PR-350 Kul H High - Gain Half- Parabolic Antenna SCALA DIVISION The Kathrein-Scala Paraflector® is a high-gain half-parabolic antenna used in broadcast and communications systems around It the world. ! • High front-to-back ratio for point-to-point relay system applications, as well as GSM cellular repeaters and MAS and ISM systems. � j II f • Fabricated from seamless drawn aluminum tubing and extruded { ' ! t I ( I pipe and heavy aluminum castings, gold anodized for corrosion protection , plus stainless steel hardware and fastenings. Foam- filled broadband feed assembly requires no pressurization and _.. can be easily replaced if necessary. Specifications: Frequency range 940-960 MHz 4 is Gain 18 dBi (16 dBd) / µ Impedance 50 ohms 270. VSWR < 1 .2: 1 / Polarization Horizontal or vertical 1V Front-to-back ratio >25 dB Maximum input power 100 watts (at 50°C) H-plane beamwidth 12 degrees (half-power) H-plane E-plane beamwidth 24 degrees (half-power) Horizontal pattern — V-polarization Connector N female Vertical pattern — H-polarization Weight 38 lb ( 17.2 kg) Dimensions 68 x 36 x 18 inches 0 (1727 x 914 x 457 mm) QO Equivalent flat plate area 6.35 ft2 (.595M2) Wind survival rating` 100 mph (160 kph) 2,0• ' Shipping dimensions 40 x 36 x 7 inches is (1016 x 914 x 178 mm) z� Shipping weight 47 lb (21 .3 kg) Mounting Mounting kits available for masts of 2.375 e �' to 4.5 inches (60 to 114 mm) OD. E-plane See reverse for order information. Horizontal pattern — H-polarization Vertical pattern — V-polarization Mechanical design is based on environmental conditions as stipulated in EIA-222-F (June 1996) and/or ETS 300 019-1 -4 which include the static mechanical load imposed on an antenna by wind at maximum velocity. See the Engineering Section of the catalog for further details.RoHS nN PARAFLECTOR is a registered trademark of Kathrein Inc.. Scala Division. I,cmci-f exe 10056-H Kathrein Inc., Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541 ) 779-6500 Fax: (541 ) 779-3991 Email: communications @kathrein.com Internet: www.kathrein-scala.com _ .ate.^°" L W 17,1 rs, PR =95® 1K UTH " ` ` High - Gain Half- Parabolic Antenna , SCALA DIVISION Winches (914 mm) a 68 inches ( 1727 mm)--� 18 inches (457 mm) (Shown vertically polarized) 2 x MKPXm2 Mounting Kit Mounting Options: Model Description 2 x MKPX-2 Mounting Kit for 2.375 inch (60 mm) OD mast. MKPX-9 Mounting Kit for 2.875 inch (73 mm) OD mast. MKPX-10 Mounting Kit for 3.5 inch (89 mm) OD mast. MKPX- 11 Mounting Kit for 4 inch (102 mm) OD mast. MKPX-12 Mounting Kit for 4.5 inch ( 114 mm) OD mast. MKTB-1 Tilt Mount Kit, 8-39 degrees tilt angle. Used with any MKPX kit listed above Order Information: Model Description PR-950 Half-parabolic antenna with N connector All specifications are subject to change without notice. The latest specifications are available at www. kathrein-scala.com . Kathmin Inc. , Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541 ) 779-6500 Fax: (541 ) 779-3991 Email: communications @kathrein .com Internet: www.kathrein-scala.com h 7 ,•, e . k, j � r �i �• yam : N` 930 ,tom, 950 95 All 225 1' x850 950 Am a . Pagel of 2 Chris Balestra From : Chris Balestra [CBalestra @town . ithaca . ny . us] Sent: Monday, August 11 , 2008 4 :01 PM To : 'Susan Johnston' Cc: Darby Kiley Subject : RE : Finger Lakes Radio Group No prob . I ' ll print the email out and add it to the ZBA packets . ZBA Members — please see the comments at the end of this email by Susan Johnston of Cayuga Radio Group Chris Christine Balestra , Planner Town of Ithaca Planning Department 215 North Tioga Street Ithaca , NY 14850 (607) 273- 1747 From : Susan Johnston [mailto : SJohnston @cyradiogroup.com] Sent: Monday, August 11, 2008 3 : 55 PM To: 'Chris Balestra' Subject: RE : Finger Lakes Radio Group Yes, thank you. Susan i Susan Johnston President/General Manager Cayuga Radio Group WQNY/WYXL/WIII/WNYY/WHCU 1751 Hanshaw Rd . Ithaca, New York 14850 Phone : 607 257-6400 Fax : 607 257-6497 From : Chris Balestra [mailto : CBalestra @town . ithaca . ny . us] Sent: Monday, August 11 , 2008 3 : 44 PM To: SJohnston @cyradiogroup .com Subject: Finger Lakes Radio Group Susan , Would like me to forward your comments to the ZBA? They are responsible for making the interpretation or granting the variance . Chris 8/ 11 /2008 Page 2 of 2 I have forwarded this to Chris Balestra . She is the liaison to the ZBA and Jon Kanter is till on vacation . Kristie Rice Senior Code Enforcement Officer Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 607 .273 . 1783 krice @town. ithaca.ny.us From : Susan Johnston [mailto : SJohnston @cyradiogroup .com] Sent: Monday, August 11 , 2008 1 : 53 PM To. 'Kristie Rice' ; JKanter @town . ithaca . ny. us Subject: Re : Finger Lakes Radio group As an interested party to the Finger Lakes Radio Group Zoning Appeal scheduled for Monday August 18 . . . A Broadcast Facility is NOT a recording studio although part of what they do to conduct business might be recording. I believe the plan is to BROADCAST the WFLR radio station from that facility, as Cayuga Radio Group broadcasts our stations from our facility on Hanshaw Rd. If that is the case, then they will need more than (antennae) . . . they will probably need satellite dishes also . I just want to make sure that your zoning board asks the appropriate questions. Thanks, Susan 8/ 11 /2008 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Mr. Frost — I think fortunately you got your variance. Ms. Lee - It' s just very annoying because here I' ve got to worry about building this house so she doesn' t lose part of her bedroom view and part of her small window for her bathroom. I don' t want to say anything because I think I' m getting mad. Mr. Barney — You' re not succeeding. So, careful, they may rethink it. Ms . Lee - OK, thank you anyway. Mr. Frost - Your real challenges will be faced when they start building. Ms . Lee - What? Mr. Frost —Your real challenges will be faced when you start building. Ms . Lee - Well, that' s true . . . Mr. Frost — Feel free to call me tomorrow and we can talk more about it. Ms . Lee - Thank you. Thanks . I want to shake everyone' s hand for voting yes. OK, thank you. APPEAL of South Hill Business Campus, Andrew Sciarabba, Appellant, requesting a variance from the requirements of Article XX, Section 270-158 to be permitted to allow a food catering operation within an Industrial Zone, located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 -1.2. Said zone does not specifically allow such a use. Chairperson Sigel — Hello. Good evening. Ms . Luciano - I' m Linda Luciano, I' m the property manager at South Hill business campus . What we' re asking for is a use variance to be allowed to rent space to a catering operation. The building is zoned industrial right now, and the industrial zone does not allow for restaurants and cafeterias or similar uses . So, if the caterer is seen as in that category, then we would need a variance to be allowed to rent the spacer Mr. Frost — There is an existing dining facility and an existing commercial type kitchen in the building. Chairperson Sigel — Before we go further, I just want to state my conflict with this case . . . Mr. Ellsworth — This is your night. 21 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Chairperson Sigel — which is that Mr. Sciarabba is my accountant. Mr. Sciarabba - He gets no discounts, believe me. Chairperson Sigel — And he overcharges me regularly. Mr. Barney — Also, I should indicate that our office has represented I think Mr. Sciarabba I n connection with the acquisition of this property. And I think another partner in my office is representing the financing group or the investment group or whatever. So I should let you know that there is that potential conflict as well. Chairperson Sigel — Your advice is tainted. Mr. Barney — It is biased as usual. Chairperson Sigel — OK, I don' t think my conflict will affect my voting in this case. So, as I suspect you are probably aware, receiving a use variance is a very strict test, and it requires some kind of financial documentation, essentially, showing that you can' t get a reasonable return from the property, or I suppose in this case, maybe just that section of the building. I don' t know if that would be appropriate? Mr. Barney — I think it' s a reasonable return for the whole property. Chairperson Sigel — Without the granting of the variance, and you do provide some anecdotal evidence of the amount that it would cost you to renovate it, and I just want to ask you if you can expound on that, if you have any further details? Ms. Luciano - Yeah, if I can pass this out. This is a letter from the building architect who came and looked at the space, and gave us a description of what would need to be done if we weren' t allowed to use it as a kitchen facility and had to bring it up to building standards . And also a break out of cost from the contractor that does most of our work .there detailing what the, exact cost would be. Chairperson Sigel — OK. [board reads the handout] Chairperson Sigel — Do you maybe want to walk us through the letter and hit the highlights? Ms . Luciano - Well, what they' re saying there is with the demolition being at least $30,000 and another $72,000 in construction fees, and then if you figure in an estimated contingency and professional design services , you come up to $ 115 ,000 to convert this space to a standard office type space. That figures out to about $66 .00 a square foot, and with a standard rent of $ 12.00 a square foot, it would take 5 and a half years just to break " even. So we are saying that is a hardship . We probably couldn' t rent the space out. 22 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28 , 2005 APPROVED MINUTES Mr. Matthews — My question, if I may have a question? The zoning doesn' t permit a cafeteria or a restaurant there? Mr. Barney — It does incidental to another use there, it is permitted as an independent stand-alone use. Mr. Matthews — Previous to this, there was a cafeteria there. Chairperson Sigel — Right. Mr. Matthews — They don' t want to turn this into a restaurant at the present time. I guess I don' t understand where there is a problem for the community if it is turned into a catering unit, and I see an advantage if it in fact is turned into some sort of a restaurant for the occupants of the building at some future date when they rent out all the space to the industrial sites and businesses that want to go in there. You wouldn' t have the traffic on the highways because people wouldn' t be leaving the building to go have their lunch. I don' t understand the problem. Chairperson Sigel — Well, the problem, I mean, I agree with you, I also don' t foresee any problem, any impact on the community if say we allow this catering business there, and like you said, the hope that in the future, as their occupancy grows , if this business also. serves food for the other tenants of the building, would, as you said, be a plus as well. The problem is just that, unfortunately, the variance they need to do this is a use variance, and it is a variance that has a harder test to meet, which is that you are supposed to show that you couldn' t get a reasonable return from the property otherwise, without getting the variance. And therefore you need the variance to get a reasonable return. It' s not the same as an are variance, where the test is just what is the benefit to the applicant versus the detriment to the community. Mr. Barney — The problem is that the determination as to what' s permitted in what particular zone is normally a legislative function of the Town Board. There are safety valve, I might call it that, that this board represents, where the legislative determination may not take into account a particular set of circumstances which has the effect of depriving the owner of the property from any reasonable return on the property. Then, once that' s demonstrated to your satisfaction, you can grant a use variance. Mr. Matthews — Why is the test higher than something else they want to do, why? Is there something detrimental to the community because it' s a restaurant? Mr. Barney — That' s the law. It' s not a local law, it' s a state law. . Mr. Matthews — Well, you' re a lawyer, so would you explain to me why the law is so high? 23 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Mr. Barney — Well, yes . The zoning is permitted as long as it doesn' t effect an unconstitutional taking of someone' s property. So,o you can zone for example a property and say you can' t put any gas stations there. This is the typical situation in fact you had 100 years ago, when they first put zoning in. You cannot have any gas stations, but you' ve got somebody who has a gas station when you change that zoning at that point in time. So, you have a gas station, the gas station is there. You can' t legislate that out of existence, because that would be a taking. He has an investment, he has a right to make a return on it. By the same token, if you legislate in a way that precludes the property from being used for any purpose that develops a reasonable rate of return then you have a taking. So the Board of Zoning Appeals is given the authority that if you have that situation, that you cannot make a reasonable return on that property, and therefore you would have the risk of having the statute being declared unconstitutional because it is taking people' s property without the compensation for it. The board is given the authority to vary the provisions of the ordinance to allow a use that enables the person to make a reasonable return. But it is the use issue because normally the use that is permitted is determined by the Town Board or by the Legislative body, the City Council or whatever the body is , it is not determined by the Board of Zoning Appeals . The Board of Zoning Appeals is only determining that, in this particular case, that is applied to this particular situation, they can' t make a reasonable return, therefore we are authorized by law to permit them to do something that' s not otherwise permitted under the ordinance. But it' s not your business as a BZA to kind of randomly pick and choose the things you think ought to be appropriate or that you don' t have a problem, with. That' s not your role, your role is to determine if this test has been met of insufficient return. In which event, you have the right to grant it, if the test is not met, you don' t have the right to grant it. It' s that simple. Mr. Frost — On the other hand though, the Zoning Board does have the authority to interpret the zoning ordinance. So, as an example, in our ordinance for industrial zone, we allow any lawful . manufacturing activity. So, let' s say they were canning vegetables in this place as an industrial use, I don' t think there would be any argument that this is a permitted use. They are canning vegetables . One of the positions I took at one point with this is that manufacturing means the preparation of something. And since no one is eating in the restaurant or the cafeteria there, they are basically manufacturing food and putting it in tin pans and taking if off-site. So at one point I thought that catering was a permitted use because you are basically manufacturing food and taking off-site. There was some debate with that, and the result was that they are here before you tonight asking for the variance. I suppose it' s not impossible at this point to make a determination that catering is permitted. I' m going out on a limb here a little bit, but . . . Mr. Sciarabba - Could I address the rate of return and the feasibility of this project, so that you all have a sense of what we have in front of us here. We' ve got a 275 ,000 square foot building, of which we have around 65 ,000 square feet leased up. We bought the building for cash. We could not put a mortgage on because it' s got environmental problems, which you may have read about in the papers . The building [inaudible] may depend upon how attractive and how much demand there is for space in the community for that. And certainly, I' ve been involved in commercial real estate for a long time, and 24 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 . APPROVED MINUTES I don' t have one building in my portfolio or in my client' s that have gone without significant vacancy for some period of time. It takes a while in this community to fill commercial space, especially when [inaudible] overall, there' s no retail out here, there' s no real commercials, manufacturing offices, that sort of thing. So the building for us to lease wherever we can to help us get the [inaudible] dollars to keep the project going is important to us , OK? To tear that space out of there to use doesn' t make any sense we don' t have the demand for that space from anybody else. We have about $3 . 5 million to spend on the remediation of the property over the next couple years . We' re hoping that' s a good estimate, so from a legislative point, every lease is very important to us, right now . This is very, very small certainly. And if we look at some of the prospects we have for other tenants right now, those are all small tenants . 1000 square foot, 1500 square feet. So, we certainly feel that there is a financial hardship, if we can' t lease any of this space right now . Five years from now it might be a different story, but right now, it' s very important to us . Mr. Barney — Andy, what' s the term of the lease you' re looking at? Mr. Sciarabba - One year, with an option for two. Mr. Barney — A potential three years? Mr. Sciarabba - Yup. Mr. Barney — One way the board may look at it is a temporary use variance for a period of three years , which would basically get you your lease right now, and based on what you' re saying, based on right now, the economic difficulties are [inaudible] and then take another look at it in three years, and that wouldn' t necessarily foreclose getting it renewed in three years, but you' ll have to make the economic pitch at that point in time if you still would need it. Chairperson Sigel — Yeah, that might be reasonable. If at some point you were full otherwise, then maybe the economic argument may not be as strong as to say not renovating the space back into space that would then allow a conforming tenant. Mr. Sciarabba - If we were full, I would suspect that the caterer would likely to be able to have a restaurant for the tenants of the building . . . Chairperson Sigel — Yeah, and then that would be a different situation that then we can take a look at. Mr. Sciarabba - I also like Andy' s argument too. Chairperson Sigel — You ' re not so fond of that, John? Mr. Barney — No, I' m not fond of that argument. 25 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28 , 2005 APPROVED MINUTES Chairperson Sigel — Well , I don' t feel strongly about trying to make that interpretation, so I will yield to our counsel ' s . . . Mr. Barney — Well, it' s your call, not mine. The ordinance has some very specific revisions about restaurants and saying non, and it talks about I think in a couple places that allows a accessory use, a cafeteria or a lunchroom but not as a direct use, and then it specifically says in the industrial zone, the following uses are prohibited, and one of them is a restaurant of any nature, except for a cafeteria or other similar facility. Granted, a catering operation is not a true restaurant, since you have people coming in and sitting down, but it' s close enough, that I guess if I were pushed I would argue .pretty strenuously that that' s what they were looking to prohibit. But, I think what we' re talking about here, might work get over the hump here immediately of getting the authority to execute this particular lease, and in the interim period, I strongly recommend, Andy, that we take a look at amending the ordinance itself, and letting the legislature make the determination whether catering . . . because I don' t think, quite frankly, you' d have a great deal of difficulty to get the Town Board to say catering would be a permitted use there, in which event this issue would go out the window in three years . Mr. Sciarabba - Some other things we would like to do is approach the Town Board about adding to the zone the allowed uses of the office park zone, which would then allow that. Mr. Barney — Right, yeah. Mr. Niefer — Approximately what percentage of the building is presently occupied? Mr. Sciarabba - About 27 % , 28% right now , including our office? Mr. Matthews — Is there a definition of industrial? You know I' m thick as pea soup sometimes . Mr. Barney — what' s allowed is defined basically by what' s permitted and what' s not. And it allows any lawful manufacturing activity or any lawful activity permitted as of right in a light industrial zone. And then it goes onto list. But, notwithstanding that, several items are prohibited, including restaurants and motels and hotels and adult entertainment businesses, among other things . Mr. Frost — I went into the dictionary and got the dictionary definition of manufacturing. Mr. Matthews — That' s probably different from Ithaca Zoning. Again, you know I' m Columbo on this board, I ask these silly questions. Mr. Barney — You ask good questions . Mr. Matthews — If someone has a business at that site and they take computers and repair them and take them back to the people' s homes. What' s the difference between fixing a 26 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28 , 2005 APPROVED MINUTES computer and bringing it back to someone' s home, as opposed to fixing a vegetable and bringing it to somebody' s party. Mr. Barney — Well, I think you have to think in terms of what is traditional manufacturing and light assembly and that sort of thing. In a light industrial zone, light assembly is a permitted use, and by virtue of that it is also a permitted use in the industrial zone. Mr. Matthews — So I can' t become legal tonight and say that you are preparing a steak dinner for someone is not the same as light assembly. Mr. Barney —I guess I would have to ask you the question: Is preparing a steak dinner more analogous to light assembly or more analogous to being a restaurant? And I guess I don' t eat computers . I don' t eat a lot of steak either, for that matter, but I think you' re probably closer to that line then you are to the computer. Mr. Matthews — I' m trying to stretch here somewhere. Mr. Barney — More power to you. I don' t make these decisions here, these are your decisions to make. I' m only giving you my view of law. Mr. Frost — Usually if our ordinance doesn' t provide a definition, that' s when I go to the dictionary. Mr. Matthews — Pardon? Mr. Frost — Usually if our ordinance does not provide a definition, specifically, I will go to the dictionary. It' s the only other definition we have. Mr. Matthews — Is that official, that we use Webster' s Collegiate dictionary for definition of a zoning practice? Mr. Barney — If you lack a definition you are to use the term that is commonly understood. Chairperson Sigel — OK, well let' s try to move along a little bit. . Mike, any comments on the environmental assessment report? Mr. Smith — The only think I mentioned in there is the accessory permitted use of the cafeteria lunchrooms seems to have similar impacts and requirements for .parking traffic, deliveries hours that type of thing. Chairperson Sigel — Yeah, seems like they have plenty of parking. OK, any other questions , comments from the board right now? OK. We' ll open the public hearing at this time. 27 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Chairperson Sigel opens the public hearing at 8: 16 p. m. Chairperson Sigel — Anyone wish to comment about this case? If not, we' ll close the public hearing. Chairperson Sigel closes the public hearing at 8: 17 p. m. Chairperson Sigel — And I will make a motion on the environmental assessment. I will move in the appeal of South Hill business campus to make a finding of a negative environmental impact based on the environmental assessment form prepared by Town staff dated February 21 , 2005 . Second? Mr. Niefer — Second. Chairperson Sigel — All in favor? ZB RESOLUTION NO . 2005- 008 : ENVIRONMENTAL ASSESSMENT : South Hill Business Campus, 950 Danby Road , Tax Parcel No. 39.=1 =1 .2 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED that this Board makes a negative determination of environmental significance in the appeal of South Hill. Business campus, Andrew Sdarabba, appellant, based upon the Environmental Assessment Form prepared by Town ' staff .dated February 21 , 20058 The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Matthews NAYS : None The MOTION was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: Chairperson Sigel - Ron? Are you voting? Are you against? Mr. Krantz - I' m not happy with that. Chairperson Sigel — With the environmental impact? 28 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28 , 2005 APPROVED MINUTES Mr. Krantz — Yeah. Chairperson Sigel — OK. Are you voting against it? Mr. Krantz — Yes, I' m voting against it. Chairperson Sigel — Yeah, please expound. Mr. Krantz — It may be stretching it a little bit, but it seems to me that you have a property here that is only rented 27 % , that is going to be used for light industry, and I don' t know that that is not going to create some pollution which is going to contaminate a kitchen. It may be pushing it a little bit and stretching it, but think that' s a factor. We don' t even know what' s going to be in the rest of the building. Chairperson Sigel — Well, it has presumably been safe when run as a cafeteria for people who worked at the building in it' s former uses , but I agree, I think it' s a good point. Mr. Krantz — Yeah, I' m not ready to hang my hat on that completely, frankly. But it would be a concern. Mr. Barney — I think you can be sure that any catering service is governed in part by the health department, and they come down and stick their thermometers in food and do all of the things they do in a restaurant to make sure there is not a contamination or a problem that way. So it' s outside our scope obviously, we don' t do that kind of regulating. I would guess that that' s any catering establishment, am I correct in that? Mr. Matthews — So the health department would answer these concerns? Mr. Barney — I assume if they came down and saw dust filtering down from someplace upstairs onto the food, that would be the end of the catering business for a while. Ms . Holtzpower - Can I answer that question? Chairperson Sigel — Sure, just approach a microphone and tell us your name please. Ms . Holtzpower - Hi, I' m Stephanie Holtzpower (sp? ), I own Serendipity catering, and I have approached Andrew Sciarabba to rent the facility, and I' ve talked to Carol Chase at the health department, and the kitchen is fine, and they feel like they would like us to move ahead with putting in our application for the kitchen. There is no issue that she sees with contamination within the kitchen. Mr. Barney — And she comes down and takes a look, or somebody from the health department does? Ms . Holtzpower - Yes, there is constant, constant reviews of the kitchen. 29 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28 , 2005 APPROVED MINUTES Mr. Frost — I hate to say this . 20 years ago, I worked for the health department, and in fact inspected the cafeteria and it was operating at NCR, so it' s a routine. Mr. Barney — I don' t know if that assuages your concern or not. Mr. Krantz — Yeah, I guess . I think it could conceivably be an issue, but it is certainly unlikely to be one, and there are some safeguards obviously. Chairperson Sigel — Changing your vote? Mr. Krantz — Sure. Chairperson Sigel — OK. And if there are no further questions or comments, I will move to grant the appeal of South Hill Business Campus, Andrew Sciarabba, Appellant, requesting a variance from the requirements of Article XX, Section 270- 158 to be . permitted to allow a food catering operation within an Industrial Zone, located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 - 1 .2. Said zone does not specifically allow such a use, with the finding that the requirements for use variance have been satisfied by the applicant, with the condition that this variance be limited to a period of three years from . . . are they starting very soon? Mr. Sciarabba - The lease they agreed to is about approval, for various we can say March 1 , which is tomorrow . Chairperson Sigel — OK, for a period of 3 years beginning on March 1St, 2005 . Any other? Mr. Barney — I think you want to make your finding with respect to meeting the conditions or the requirements for a use variance, that based on the information submitted tonight and that this project is in its infancy, and that at this juncture the building is not . very fully leased, that for the next two or three years, it looks like it may be difficult to obtain a reasonable return. If they had to do the renovations and the like. So that that' s the reason you ' re giving a time limited variance. Mr. Matthews — So what happens after the third year? Mr. Barney After the third year, they have a choice. Well, a couple of things, as you may have heard, my recommendation to Andy was within that three year period, somebody come in . and alter the ordinance, so we get rid of the limitation. They can have a catering as a matter of right or at least on a special permit basis . But if that doesn' t happen at the end of the three years , they either have to move out and stop the catering or come back to this board and this board can take a look and see if the economics justify continuing it for a period beyond three years. That' s not unheard of- we' ve had situations , I think the one that went on the longest was a parking lot up at Cornell, where 30 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28 , 2005 APPROVED MINUTES this board gave a variance for a temporary parking lot that was renewed at periodic intervals and I think it lasted for about seven years before they finally closed it down. Mr. Matthews — Will that three year temporary permit chill the tenant who wants to move in there? Mr. Barney — I can' t speak for the tenant obviously, but I think in the grand scheme of things it' s a realistic possibility that the catering would be a permitted use if an application was made to the Town Board to alter the zoning ordinance and stuff. I can ' t speak for the Town Board and I can' t guarantee that, but they seem to be pretty reasonable about these things, and I don' t know that there' s a reason that they would want to insist that catering could not occur there. Chairperson Sigel — Call a vote on the motion, or a second on the motion. Mr. Niefer — Second. Chairperson Sigel — All in favor? ZB RESOLUTION NO . 2005- 009 : South Hill Business Campus, 950 Danby Road, Tax Parcel No. 39.=1 -1 .2 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED that this Board grants the appeal of South Hill Business Campus , Andrew Sciarabba , Appellant, requesting a variance from the requirements of Article XX , Section 270- 158 to be permitted to allow a food catering operation within an Industrial Zone , located at 950 Danby Road , Town of Ithaca Tax Parcel No , 39- 1 - 1 . 2 . Said zone does not specifically allow such a use . FINDINGS : 1 . The requirements for a use variance have been satisfied based on the information submitted tonight. 22 This project is in its infancy and the building is not fully leased and for , the next two or three .years it looks like it may be difficult to obtain a reasonable return . CONDITIONS : This variance shall be limited to three years , beginning March 1 , 20050 The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Matthews NAYS : NONE The MOTION was declared to be carried . unanimously. 31 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28 , 2005 APPROVED MINUTES Chairperson Sigel — OK. Thanks. Mr. Sciarabba - Thank you. APPEAL of John and Ida Wolff, Appellants, requesting an approval under Article IX, Section 270-69 of the Town of Ithaca Zoning Ordinance to be allowed to have a psychotherapy office in a home located at 145 Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39. 10, Medium Density Residential Zone. Home occupations are allowed only with the approval of the Zoning Board. Chairperson Sigel — Good evening. Ms . Wolff - Good evening, my name is Ida Wolff. I am a psychiatric social worker, and I am here to ask for your approval to do psychotherapy in 145 Honness Lane. Chairperson Sigel — OK. This is going to be . . . the actual office that you use is in the basement, is that right? Ms .. Wolff - There is an apartment in the lower level of the house, and those are the rooms that I am going to use. Chairperson Sigel — And you said you are just going to have one person visiting at a time. Ms . Wolff - With the exception of when I do couple therapy where two people come, the couple comes . But basically most people come for individual therapy. Chairperson Sigel — Does your property, is there room for parking . . , say a couple comes and they drive separately, is there room for two cars? Ms . Wolff - Yes, there is a two car garage, and behind that there is room for at least four .more cars. Greg — My name is Greg [last name inaudible] , I' m her real estate broker. Chairperson Sigel — OK. Greg - There's probably parking for ten cars . You can probably put six cars stacked in the driveway, and then two in the garage. Chairperson Sigel — OK. It seems pretty straightforward. Does anyone have any questions? Mr. Krantz — It seems certainly reasonable. Mr. Niefer — What would your normal hours be for seeing people? 32 BILE �7 /6 DATE G ZB RESOLUTION NO . 2005- 008 : ENVIRONMENTAL ASSESSMENT : South Hill Business Campus , 950 Danby Road , Tax Parcel No . 39 . -1 -1 . 2 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED that this Board makes a negative determination of environmental significance in the appeal of South Hill Business campus , Andrew Sciarabba , appellant , based upon the Environmental Assessment Form prepared by Town staff dated February 21 , 2005 . The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Matthews NAYS : None The MOTION was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS . TOWN OF ITHACA : I , John Coakley , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 28th day of February 2005 . Del uty Tow Jerk Town of Itha� FILE DATE 1 ZB RESOLUTION NO . 2005- 009 : South Hill Business Campus , 950 Danby Road , Tax Parcel No . 39 . -1 -1 . 2 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED that this Board grants the appeal of South Hill Business Campus , Andrew Sciarabba , Appellant, requesting a variance from the requirements of Article XX , Section 270- 158 to be permitted to allow a food catering operation within an Industrial Zone , located at 950 Danby Road , Town of Ithaca Tax Parcel No . 39- 1 - 1 . 2 . Said zone does not specifically allow such a use . FINDINGS : 1 . The requirements for a use variance have been satisfied based on the information submitted tonight. 2 . This project is in its infancy and the building is not fully leased and for the next two or three years it looks like it may be difficult to obtain a reasonable return . CONDITIONS : This variance shall be limited to three years , beginning March 1 , 2005 . The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Matthews NAYS : NONE The MOTION was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA : John Coakley, Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 28th day of February 2005 . Aeputy Tow Clerk Town of Ith a rrr ��Fs�r \ r Fel ♦ - k4 j •ter M1 �. /f � 1�' .1�t.7y ....{. r . . . . _ S,. ct�• ±.11-, ts' ` A � ° _ � F.�ra: ih"•n�„ f .ink • , 3 - � .� ��. , •,�= - � --� � , = �`�,� . �' � ¢'-' � i� � ' 1 -- o -- -- " _ - -=-�- .. .-,• -. 'am`a'ss+ � ' •`�/.�? �"�'� � �� � � j � f 7 1 a � • t s � i .w � • i i / tf � l �r � �i � � � r �O �a ,vt✓ � ' •• lV� � 1 r � ' 4 l (r M �� 1, 1 c::A B Qo IS —•..:.may _ � `sg�•c . . . . . ,.,.. .� 950 Danby Road i From Danby Road Area of existing kitchen Main entry to building f j ��' �•� � III �IUmuNUu 950 Danby Rd - Catering PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B: Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : None Anticipated. The proposal is to allow a catering operation to rent +/- 1 ,744 sq. ft. of existing kitchen space in the South Hill Business Campus building located at 950 Danby Road, Town of Ithaca Tax Parcel No . 39- 1 - 1 .2. . C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: None Anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated, C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. The site is designated as "Limited Industrial" in the Town' s Comprehensive Plan ( 1993) and it is zoned Industrial. A use variance is required from the Zoning Board of Appeals for the catering operation use. A cafeteria or lunchroom incidental to and related specifically to a permitted use is a permitted accessory use in the Industrial Zone. It is anticipated that the catering operation would have similar impacts and requirements (parking, traffic, deliveries, hours) as a cafeteria would. The applicant stated in the application material that a catering operation could expand into the cafeteria use and serve the workers in the building as more businesses occupy the building. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly : None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-059 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 : E. Comments of staff CB-, other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY. occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. pp Town of Ithaca Zoning Board of Appeals X1i -�/;?� d S Name of Lead Agency Preparer' s S gnature (If different from Responsible Officer) Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer . DATE: Sigdature of Responlible Officer in Lead Agency FROM : Black Diamond FAX N0 , : 6072578349 Feb . 28 2005 10 : 20AN P2 as _ George W. Breuhaus , Architect architecture, planning, space. planning y . . February 7 . 2005 t South Hill Business Campus � 950. Danby Road Ithaca; Now York 14850 1 Attn: Mrs . Linda Luciano . Re: Cost to Change Existing Kitchen into Office Space South Hill Business Center Dear Linda: Per your request, I visited the site to determine what needs to be done in order to renovate the existing built-out commercial kitchen that exists in the existing building and change it into rental office space . I have assumed that the current kitchen space, approximately 1 , 744 s .f . net interior space, would be gutted and returned to an open space suitable to rent as office space. In order to do this, the following work needs to occur . Demoiltion : The current equipment including ovens, fryers, reach-in coolers, sinks, and dishwashing unit will be removed from the space . This will require that much of the equipment be disassembled , since it will not fit through the existing doors. The existing kitchen hoods (2) and associated fire suppression system will be removed . All associated utility feeds to equipment will be terminated and removed as follows : Gas: Gas valve and branch piping . will be removed to a location above the new suspended ceiling and terminated with a shut-off valve and union. Electric : All electric circuits feeding equipment will be removed back to the power panel immediately outside the existing kitchen area. Water: Water supply piping will be removed back to largest supply pipe above proposed new ceiling . A shut-off valve and capped end will be installed at this pipe . Branch waste and vent piping will be removed . The existing interior masonry walls (approximately 2 ,400 s.f. or 48 tons of debris) , that currently demise rooms and walk-in coolers and/or freezers, will be removed . The four existing cooler/freezer stainless steel door assemblies will be removed and scrapped . All existing Interior hollow metal door assemblies will be removed, and the existing exterior hollow metal doors will be replaced . The raised floor areas (approximately 500 s .f , ) will be removed and the floor patched to match the adjacent area . The existing suspended plaster ceilings will be removed and the existing suspended acoustic metal ceiling system will be removed . The through wall reach-in cooler and warming ovens will be removed as will the transfer grille above the pair of doors . All of the existing openings will be infilled with construction necessary to maintain required fire ratings . The existing sprinkler system will have approximately 20 heads modified and relocated as necessary to provide full coverage as required by NFPA # 13 requirements . Reconstruction - Walls : The existing exterior walls will be framed with metal framing ? Insulated, and covered with gypsum board, primed ready for paint . The existing interior masonry demising walls would be framed with metal framing and covered with gypsum board , primed ready for paint . All new framing and gypsum board would extend to a height of 10'-0 " above finished floor. The existing hollow metal door frame leading to the toilet rooms would be re-used. A new fire-rated flush red oak door ( new building standard ) would be installed with handicap useable hardware . A new aluminum entrance door and sidelight would be installed In one former exterior door opening . This would be used as the main suite entrance , The other existing exterior door opening would be infilled with fixed glazing in an aluminum frame to provide a window for the new suite . 179 Graham Road Suite A Ithaca, New York 14850 Ph , 607-257-8348 Rex 607-257-8349 FROM : Black Diamond FAX N0 . : 6072578349 Feb. 28 2005 10 : 21AM P3 Reconstruction - Floor: The existing quarry file floor would be shimmed with a self-leveling topping to remove any trace of grout joints . A new nylon, closed-loop, commercial carpet would be installed over the. prepped floor using a direct glue-down method of installation . New 4" high vinyl base would be installed around all new walls . Reconstruction - Calling: A new suspended acoustic ceiling would be installed at approximately 9'-0 " above . the finished floor. New fluorescent lights would be spaced throughout the new office area at the rate of one light per BO square feet . The existing sprinkler system would be reworked to install new semi-recessed sprinkler heads at approximately 1 head per 120 square feet and as required by NFPA #13 requirements . Reconstruction - Mechanical: A new 6 -ton roof-top HVAC unit would be placed on the roof of the kitchen area . The unit would be equipped with an economizer to allow introduction of fresh ventilating air to the office space. Main supply and return spiral metal ducts would run be run . centrally throughout the new office area. Branch ducts would be run with insulated flexible ductwork and connected to ceiling mounted diffusers and grilles spaced throughout the office space. Reconstruction - Electrical: The existing electrical panel located in the hall leading to the existing toilet rooms would be used to power the new office space. New lighting would be installed throughout the office space as discussed in the ceiling section . New self-illuminated emergency and exit light fixtures, with 90- minute battery back-up, would be installed . Duplex electrical receptacles would be provided around the office perimeter at the rate of one fixture per ten feet of wall . The roof-top unit would be powered with e dedicated circuit connected to the electrical panel designated for office use . Enclosed please find a summary of values, prepared by Black Diamond Construction, for the scope of work described above . Please note, there Is no allowance included for tenant fit-up. When this work is completed, the former kitchen space will be wide open without any interior walls, doors, or wiring devices . It will be renovated as shell office space only. It will still need additional monies spent to further modify the space to accommodate a particular tenant 's needs , Very Truly Yours, George W. Brsuhaus, Architect George W. reuhaus FROM : Black Diamond FAX N0. : 6072576349 Feb . 01 2005 01 : 45PM P1 - - SOUTH HILL BUSINESS CAMPuS FrLE NAME ; BDp905 MODIFY CAFE TO OFFICE REVISED PRELIMINARY COST STUDY PROJECT NO: BDC 09-05 ITEM SCHEDULE OF VALUES GENERAL CONDITIONS GENERAL CONDITIONS $10, 020.41 PROJECT MANAGEMENT $6, 202. 70 PERMITS $3118219 DEMOLITION $654. 91 CUT AND PATCH $311388.31 KITCHEN EQUIPMENT $2.076. 97 MASONRY WALLS $6, 961 .69 CEILING SYSTEMS $14,474.06 RAISED FLOOR SYSTEMS $3, 967.43 INTERIOR HM DOORS AND FRAMES $3,625925 GYPSUM DRYWALL PARTITIONS $ 1 ,272.92 PARTITION - TYPE ONE - INFILL $i 1,281 .47 PARTITION - TYPE FIVE - FURRED MASONRY $1 '272. 33 $9, 989.14 DOORS, FRAMES AND HARDWARE INTERIOR HWOAK $6388.03 EXTERIOR ALUMINUM ENTRY AND WINDOW $993. 71 CEILING SYSTEMS $5,374431 TYPE ONE - ACOUSTICAL $5,784.90 PAINT FINISHES $5, 784. 90 INTERIOR - PRIME ONLY $760000 FLOOR FINISHES $750. 00 PREP $8,836.89 CARPET $10308. 00 MECHANICAL $5, 328. 89 HVAC $200440400 SPRINKLER MODIFICATIONS $17,440600 ELECTRICAL $31000. 00 DEMO $10,770.00 POWER $872.00 LIGHTING $4,888. 00 FIRE ALARM $31210.00 COMMUNICATION $1 ,200.00 $600. 00 TOTAL PRELIMINARY PROJECT COST $103,400.00 ESTIMATING CONTINGENCY $6800600 PROFESSIONAL DESIGN FEES $50000600 PRELIMINARY PROJECT BUDGET $116,000.00 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, FEBRUARY 28, 2005 7 : 00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, February 28 , 2005 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P.M. , on the following matters : APPEAL of Marlon Byrd, Appellant, requesting a variance from the requirements of Article VIII, Section 270-59 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a single- family residence with a building height of 40 + feet (36 foot limit) at 212 Eldridge Circle, Town of Ithaca Tax Parcel No. 46- 1 - 15 . 6, Low Density Residential Zone. APPEAL of Lee C . Lee, Owner, Ernie Bayles , Agent/Appellant, requesting a variance from the requirements of Article XXV , Sections 270-203 and 270-205 to be permitted to construct a single- family residence with non-conforming building setbacks and exceeding lot coverage limits at 1032 East Shore Drive, Town of Ithaca Tax Parcel No. 19-2- 14, Lakefront Zone. Variances from the requirements of Article VII, Section 47 and 48 may also be requested. Said new structure replaces an existing non-conforming structure. APPEAL of South Hill Business Campus , Andrew Sciarabba, Appellant, requesting a variance from the requirements of Article XX, Section 270- 158 to be permitted to allow a food catering operation within an Industrial Zone, located at 950 Danby Road, Town of Ithaca Tax Parcel No, 39- 1 - 1 . 2 . Said zone does not specifically allow such a use. APPEAL of John and Ida Wolff, Appellants , requesting an approval under Article IX, Section 270-69 of the Town of Ithaca Zoning Ordinance to be allowed to have a psychotherapy office in a home located at 145 Honness Lane, Town of Ithaca Tax Parcel No . 58-2-39 . 10, Medium Density Residential Zone. Home occupations are allowed only with the approval of the Zoning Board. APPEAL of Conifer Realty, LLC , Appellant, Ray Wetherbee, Agent, requesting variances from Article XXV, Section 270-205 to enlarge a non-conforming multiple residence building with additional living space at the Ellis Hollow Senior Apartments , located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No . 62-2- 1 . 124, Multiple Residence Zone. Said existing building encroaches on building setback limits from property lines . Additional variances from Article XII, Sections 270- 104, 270- 1069 270- 107 , and 270- 111 to exceed setback limits , building coverage in relation to lot size, and to allow a waste receptacle to be located within a front yard buffer zone are also requested. A variance from Chapter 221 , Section 221 -6 of the Sign Law is requested to be permitted to have a second freestanding sign on the property (single sign limit) . 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 607-273 - 1783 Dated : February 17 , 2005 Published: February 21 , 2005 OF 0 TOWN OF ITHACA ' � 21 215 N . Tioga Street, ITHACA, N . Y . 14850 TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDING AND ZONING 273- 1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 FAX (607) 273- 1704 Application for Appearance in front of the Zoning Board of Appeals Fee $100 ..... For Office" Use Only ion Oft�c� Use Only CHECK ALL THAT APPLY Property 1s locat d within of adjacent to mate Received Area Variance County Ag D > strlct X Use Variance UNA Cash or Check No "4 Sign Variance CEA Zffii tstr,ct Sprinkler Variances Forest Ho'ine Hlstortcal District __. . Special Approval Requesting an appearance to be allowed to allow a .' scatering operation to 1 grate within an South Hill Business Campus I industrial zone at 950 Danby Rd . , Ithaca , Town of Ithaca Tax Parcel No . -19 - 1 - 1 2 , as shown on the accompanying application and/or plans or other supporting documents, under Article(s) Section(s) of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Application Form. A description of the practical difficulties and unnessary hardship and/or the Special Approval authorization request is as follows : (Additional sheets may be attached as necessary.) See attacbed • Narrative Photos Plot Plan / Layouts 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 con tion with my a icati n. i D Signature of Owner/Appella • i��-4i` Date : Signature of Appellant/Agent Date: Print Name Here Andrew Sciarabba � r� 0 � Home Telephone Number 607 S 31 - 16 415 Work Telephone Number 607 272 - 5550 NOTE : If construction of work in accordance with any variances given does not commence within 18 months, the variance will ex it . Your attendance at the meeting is advised. Revised 11 /03/04 ' a Background South Hill Business Campus has purchased the old Axiohm/NCR building at 950 Danby Rd. with the intent of renting both office and light industrial space. A catering firm wishes to lease the former plant kitchen for their operations. The building sits on a parcel of land that is zoned industrial The kitchen is located on the first floor of the office tower with a small loading dock and entrance on the northwest face of the rear of the building . It encompasses 1744 sqft. and is fully equipped to handle the 1500+ people that it was originally designed to serve (see attached list of kitchen equipment) . The caterer employs 4-5 people and caters local events off-site . They would use the outside entrance as their building access . They would also use the attached dock for supplier deliveries and to load and unload their own delivery van. Request If the catering operation is viewed as a restaurant or cafeteria that is not related to the principle use of the building, it would not be allowed in an industrial zone . We are appealing to the zoning board to grant a variance and allow the kitchen space to be rented out as a catering operation. Reasoning The building was designed as a large manufacturing site, areas of the building, such as the kitchen, are unique to the former use. It is built out in such a way that it doesn' t lend itself to other uses . Reconfiguring the space for an alternate use would pose an ' economic hardship. It is estimated that the demolition would be $30K at a minimum and bringing the space up to building standards would run approximately $42/sqft. At current leasing rates the payback from the fit-up alone would be more than 5 years, making the investment cost prohibitive : While industrial zones do permit cafeterias that are integral to the building, it is impossible to entice an operation to set up shop with an initial low building population. The intent would be that someone like a catering operation could become established and eventually serve the building population as the numbers grow to a profitable size . Kitchen Equipment Equipment Quanti Built In Thru wall warming ovens 6 x Thru wall griddle 1 x Commercial Dishwasher 1 w/grease trap 3 -bay sink w/grease trap 1 3 station Fryer 1 Convection Oven 2 Commercial Stove 1 Steamer 1 Vented Hood 1 x 3 Door Refrigerator 2 Walk- in Cooler 1 x Walk-in Freezer 2 x Ice Machine 1 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION To be com leted by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name South Hill Business Campus Kitchen Rental Andrew Sciarabba 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map :) South Hill Business Campus , 950 Danby Rd . , Ithaca , 14850 1st Floor Office Tower Tax Parcel Number: 39 - 1 - 1 . 2 4. Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION ? No 5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant items) : to allow the rental of 1744 sqft . of Kitchen space for use as a catering operation within an industrial zone (Attach se agate sheet(s) if necessary to adequately describe the proposed project.) 6: Amount of land affected : Initial) 0-5 rs) NA Acres 6- 10 rs >10 rs Acres 7. now is land zoned presently? 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO X If no, describe conflict briefly : food service operations that don ' t specifically serve the building aren ' t allowed in an industrial zone 9. Will proposed action lead to a request for new: Public Road? YES NO Public Water? YES NO Public Sewer? YES NO _ 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial X Agriculture Park/Forest/Open Space Other Please Describe : Educational - across the road from Ithaca College 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency ( Federal, State, Local ?) YES _ NO If yes, list agency name and permit/approval/funding : Health Department 12. Does any aspect of the proposed action have a currently valid permit or approval ? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Andrew Sniarahha Signature and Date: Revised 11 /03/04 c: s- A64: Anow Kitchen Dock . • Entrance YT Floor Office Tower r l _ .c > c d L > - a LL to O (A i a o � M . _ L L W o ,r L °) oc �a 3 � c r oYY4a2 cm O1 N .♦ N rl C .s Z � A t i N d7 Im.� W VIEW OF LAKE N STORAGE W E 4- o 86U±o F G09QC� j PLATFORM X\ � C A F E T E R I A 46f O 1E� 78 FT t Affl \�_C,�V//fir ,►�� /� y,L 1 � `titi `�B� dpi KITCHEN c=0 TELEPHONE O b I APPARATUS \ A 321 ROOM SERVING AREA 32 FT �a ❑ ❑ ❑ O i El MEN TILITY WOMEN ELEV. STORAGE �y S MECHANICAL �'Fti ry 0 J� C U DANBY ROAD V is�TDRS U OFFrC P P4 Kitchen F�C'1'o pq :: AqC R y Fggk/NG� �. U South Hill Business Campus 950 Danby Rd. \ Ithaca, NY 14850 ITNACA "LLE&E 1TNACA GOLL66E MApDL ASS'/76N. CB.o) (oSC/ k97 bsi/�K PIPE DiPE }lA4WEYIG pl11 FOUND - �'R,7'(p t'•P) PIPE N3.1' F•OtlrJD oar) .. 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Il �o 14P VA96-f VAND O V 6 - = _`' t H j `g` 4�oy6" : N o V �z 96 Hi�H N v 7 Q 1 w Y 4 iN y� ~ jr Property Description Report For 950 DANBY RD in Ithaca (Town) Page 1 of 2 Property Description Report For 950 DANBY RD in Ithaca (Town) Owner Information 2 AXIOHM IBP INC 950 DANBY RD ITHACA NY 14850AXIOHM IBP INC Status Active Roll Section Taxable Swis 503089 Tax Map#: 39.-1-1.2 Zoning Code Site 1 Neighborhood 30092 Property Class Manufacturing Land Assessment $830,000 Total Assessment $2,600,000 Total Acreage 59.96 School District Ithaca Deed Book 745 Deed Page 3 Utilities Last Sale Sewer Type Comm/Public Sale Date 12/28/1994 Water Supply Comm/Public Sale Price $5,500,000 Utilities Gas/Elec Valid 1 Arms Length Y Prior Owner NATIONAL CASH REGISTER CO Buildings Building 1 - Structure Year Built: 1957 Construction Quality: AVERAGE Condition: Normal Air Conditioning %: 0 Sprinkler%: 0 Alarm %: 0 Number of Elevators: 0 Basement Type: Unknown Building 1 -Area Gross Floor Area: 170,237 sqft Number of Stories: 2 Building 2 - Structure Year Built: 1985 Construction Quality: AVERAGE+ Condition: Fair Air Conditioning %: 60 Sprinkler %: 0 Alarm %: 0 Number of Elevators: 0 Basement Type: Unknown Building 2 -Area Gross Floor Area: 44,280 sqft Number of Stories: 3 http://asmsdg.tompkins-co.org/imate/cprintable.asp?img=http://asmsdg.tompkins-co.org/imateimages/... 2/3/05 Property Description Report For 950 DANBY RD in Ithaca (Town) Page 2 of 2 Site Uses Use 1 : LIGHT MANUFACT. Total Rentable Area: 170,237 sqft Use 2 : PROFESSIONAL OFFICE Total Rentable Area: 44,280 sqft Improvements Structure: PAVING, ASPHALT Grade: Average Condition: Normal Size: 66384 x 0 Year: 1957 Structure: PAVING, ASPHALT Grade: Average Condition: Normal Size: 257552 x 0 Year: 1957 Structure: STREETLIGHT, MERC. VAP. Grade: Average Condition: Normal Size: 400 x 0 Year: 1957 Structure: FLOODLIGHT, MERC. VAP. Grade: Average Condition: Normal Size: 400 x 0 Year: 1957 Structure: BARN, POLE Grade: Average Condition: Normal Size: 5000 x 0 Year: 1963 Land Types Land Type: Primary Acreage: 16.96 Size: 0 x 0 Land Type: Residual Acreage: 43.00 ISize: 0 x 0 Special Districts Code Description Units Percent Type Value ITHACA FIRE PROT ITHACA SEWER 4.8 ITHACA WATER 4.8 SOLID WASTE FEE OTHR 250.33 SOLID WASTE FEE W&R. 1894.84 Exemptions No Exemptions http://asmsdg.tompkins-co.org/imate/cprintable.asp?img=http://asmsdg.tompkins-co.org/imateimages/... 2/3/05 ESRI ArcExplorer 2.0 950 Danby Road town parcels (LOC) ® ag districts_county ro ® UNA_town 1999 �! 810 ` 3 CEA Cj I to 0 STA 1 iW3 00 roads town (NAME) ° LL ap 9 84 ® building_twn d 30 zoning 4-1-04 (ZONE) s ? a ' AG U7 i d d N ° CC _ u �' � HDR i LC � Q LDR -� Ku LI L • MDR $ a Q4 S MHP MR NC r ,f 1001 OPC 'o- P VFR N Wednesday, Feb 2 2005 l t �Tornp#kins aCounty DEPARTM°ENfT"`O-F PdI,�A�11TNING 444 1121 East CourttStreet hthaca, �New York 148'50 Edward C. Marx, AICP _ Telephone (607) 274-5560 Commissioner of Planning ` ' Fax (607) 274-5578 February 9, 20 Mr. Andy Frost Building/Zoning Building/Zoning Officer I 0 Town of Ithaca 215 N. Tioga Street TOWN OF ITHACA Ithaca, NY 14850 BUILDING /ZONING Re : Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Use Variance, South Hill Business Campus, 950 Danby Toad, Tax Parcel No. 39 .- 1 - 1 .2 Dear Mr. Frost: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 -1 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community, or county-wide impacts . Please inform us of your decision so that we can make it a part of the record. " Sincerely, I . /G Edward C . Marx, AICP Commissioner of Planning