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HomeMy WebLinkAboutZBA Minutes 2025-03-11
www.townithacany.gov under “Public Meetings”. Links to the full materials and ZOOM are available on the Town’s website, record.) to Codes@townithacany.gov. All comments become part
of the official meetingquestions up until 3pm the day of the meeting. You can also email comments (or omments on the appeal(s) can be made in person or via the ZOOM platform duringC
1.22-2-Commercial District Zone, Tax Parcel No. 62.mmunity This portion of the project is located in the Co residential zone. through that would be closer than 60’ to a -for a proposal
to install a drive135E (6) (Principal uses authorized by special permit) -Ithaca Code section 270: is seeking relief from Town of of 301 Pine Tree Rd, James Ballantyne, Agent6 Appeal
Cornell University, Owner --Public Hearing and Consider: ZBAA · 1.13-2-the Vehicle Fuel and Repair District Zone, Tax Parcel No. 62.oject is located in way. This portion of the pr--measured
from the highway right117(1) requires a front yard setback of 50’ -front yard setback, where section 270117(1) (yard regulations) for a proposal to reduce the -Ithaca Code section 270:
is seeking relief from Town of James Ballantyne, Agent of 301 Pine Tree Rd,5 Appeal Cornell University, Owner --Public Hearing and Consider: ZBAA · 30.2-1-District Zone, Tax Parcel
No. 41.nsity Residential -sprinkler system. The property is located in the Mediumproposal to construct a press box building (professional building) without a 3 (New buildings required
to have sprinkler systems) for a -Code, section 225: is seeking relief from the Town of Ithaca 953 Danby Rd; Mabel Gutliph Agent2 Appeal Ithaca College, Owner of --Public Hearing and
Consider: ZBAS · 30.2-1-Residential District Zone, Tax Parcel No. 41.Density -The property is located in the Medium for a maximum height of 6’.223 of the Town of Ithaca Code, which
allows -uld exceed section 270height wo254 of Town of Ithaca Code. The proposed fence -illuminated per section 270feet, and allow for internal illumination, where it is not allowed
to be internally eight of 6 square feet for a single sign, exceed the maximum freestanding sign hThe proposed sign would exceed 50 223 (Fences and walls; retaining walls).-254 (Residential
and Conservation Zones) and Section 270-Code section 270is seeking relief from Town of Ithaca 953 Danby Rd; Mabel Gutliph Agent: 4 Appeal Ithaca College, Owner of --ZBAAPublic Hearing
and Consider: · AGENDA 215 N. Tioga St. 0pm0at 6: ,, 2025March 11Tuesday Zoning Board of Appeals Town of Ithaca
practice field. The applicant is proposing adding throwing events to that area, a hammer and There is an existing field by Emmerson Hall that is a The third variance is for a throwing
cage. day. There will be signage on the press box, electric hookup but no heat. third party inspected. It will be set with a crane within a modular box made in Michigan and It is
a to not be sprinklered The second variance is for a press box above the bleacher system beamit will have a sign on the top of the I and feet 9 inches tall,night. The scoreboard is
just a timing apparatus that will be used for practices and meets. It is 15 at be usedThe first variance they are seeking is a variance for the scoreboard. It is lit but will not
only.facility; lighting will be for security purposes emergency ingress and egress. This is not a lit regulation track and throw events field, bleachers and press box as well as parking
and new gave the board a presentation overview of the entire track and field project company,partnered with Clark Companies to build the track. Rob Champlain, a representative from
the track that was removed during the construction of the Butterfield stadium. They have compliant-nonthe project. The college is moving forward with an NCAA compliant track to replace
an old Tom Downs Vice President for Finance Administration at Ithaca College gave a background for Overview system. sprinkler systems) to construct a press box building (professional
building) without a sprinkler 3 (New buildings required to have -ection 225Sseeking relief from the Town of Ithaca Code, 30.2, MDR-1-41.., TP 953 Danby Rd Ithaca College, 953 Danby
Rd;of 2 Appeal --ZBAS .feet, and allow for internal illumination ’feet for a single sign, the freestanding sign height of 6square ’the maximum would exceed to erect a sign that
(Fences and walls; retaining walls)223 -270and 254 (Residential and Conservation Zones) -270 sectionSfrom Town of Ithaca Code seeking relief 30.2, MDR-1-41.., TP Ithaca College, 953
Danby Rd 4 Appeal--ZBAA 0 p.m. 6:0opened the meeting at TerryMr. for the TownPaulette Rosa, Town Clerk; and Susan Brock, Attorney Dana Magnason, Senior Code Officer Lindsay Garner
(Alt.) and SallingerMatthew Minnig, Larry ,Board Members, Connor Terry Chair; Chris Jung, Kim Ritter Present: MINUTES , 2025March 11 ZONING BOARD OF APPEALS TOWN OF ITHACA 7 of
1 Page 11 (Filed 3/17)--ZBA 2025
223 (Fences and walls; -270and 254 (Residential and Conservation Zones) -270 sectionSCode eking relief from Town of Ithaca that this Board grants the appeal of Ithaca College, se Resolved
30.2, MDR-1-41.TP ., 953 Danby Rd Ithaca College Height & Sign –Area Variance --ZBAAZBA Resolution .would enhance safety of players and attendeesand sNCAA requirementin line
with dThe Board felt the area variances were reasonable an Determination closed. Mr. Terry opened the public hearing; there was no one wishing to speak and the hearing was Public
Hearing available. which will be 3 to 4 times a year and there will be a fire extinguisher and smoke detector with two or three people in the box at any given time and will only be
used for main events , with one entrance framing with a rubber roof2x10 roof 2x6 wall framing and vinyl flooringGypsum interior wall panelswith a wood frame modular structureIt is
temporary controllers. some electronics like some seating, Mostly8ft so not very much. 1t is only 8ft x Answer, i x and what it is made of. will be stored in the press boasked what
Mr. Terry level near that nowherebut electricity usage in the box will be will be installed, 00 amp panel 1with a nly electricAnswer, oMr. Minning wanted to clarify what utilities
are in the press box. across the field and in the bleachersfrom and legibility safetyfor securityis feet from the bottom ightAnswer, the ethe ground. fromheight of the sign foot-8He
also asked about the rational for the NCAA approved height. Answer, yes, that is the fence was approved by the NCAA. high-foot-Mr. Terry asked if the the other two sides. fence will
remain foot-6is only on the back side. The existing heightfence foot-he Answer, tfence. foot-asked for clarification on the proposed SallingerMr. lighting. , with no lighting
other than security during this spring/summer couple of weeks for that areaAnswer, –Two questions came in via email regarding the throwing area construction timetable Board Questions
the public. fence which they would like to change to 12 feet as another layer of protection for foot-6existing to the public from errant flying projectiles. The cage height will
exceed 6 feet. There is also an discus cage and two shotput throw circles. A protective cage is required by the NCAA for safety 7 of 2 Page
roadway, and typical of athletic facilities, and that this is well within the College campus property, shielded by trees from the public given in character or to nearby properties
That there will not be an undesirable change space is used for score and time keeping, and s venues for spectators to be able to read the information and the majority of the sportis
consistent with the needs of collegiate and internal illumination area the total sign height is needed for safety by keeping wires and mechanicals out of reach, and given the easible
That the benefit the applicant wishes cannot be achieved by any other means f community, specificallyhealth, safety and welfare of the That the benefit to the applicant outweighs
any detriment to the Findings:Scoreboard/Sign Minnig, Sallinger ,Ritter Jung,Ayes: Terry, Second: Kim Ritter Connor Terry Moved: .athletes and spectatorsof safetynecessary
for the as these heights are created -selfThat the difficulty is not , and institutionsoutine activities of educational r - SEQRype 2 SEQR not being required as this is Trequest will
not have adverse physical or environmental impacts as evidenced by That the is being granted, and foot height on the fence ’and 12cage foot height on the ’and feets substantial
as the maximum is 6iThat the request roadway, and typical of athletic facilities, and that this is well within the College campus property, shielded by trees from the public given
in character or to nearby properties undesirable changeThat there will not be an increased safety, and the throwing cage for safety reasons and a 12’ foot fence at the second location
again for they are requesting an additional 2’ feet for NCAA requires a minimum of 18’ feet and relief sought cannot be achieved by any other means feasibly given that the That the
community, specificallyapplicant outweighs any detriment to the health, safety and welfare of the That the benefit to the :Findings Fence and Throwing Cage and with the following
,applicationence and cage be constructed substantially as shown on the Sign/Scoreboard, f Conditions maximum height of fences, with the following and exceed the 6’ foot feet, and
allow for internal illumination ’the freestanding sign height of 6square feet for a single sign, ’the maximum would exceed to erect a sign that retaining walls) 7 of 3 Page 11
(Filed 3/17)--ZBA 2025
, and way--measured from the highway rightfrom the ront yard setbackless than the required 50’ foot ffor a fuel station with a regulations) 117(1) (yard -ection 270Sseeking relief
from Town of Ithaca Code 1.13,-2-62.Zone, TP Vehicle Fuel and Repair District 5 Appeal Cornell University, 301 Pine Tree Rd,--ZBAA , Minnig, SallingerRitter Jung,Ayes: Terry, Second:
Larry Sallinger Connor Terry Moved: .smoke detector are presentfire extinguisher and , and a egressand the windows are an additional viable means of ssparingly only during sporting
eventused , it will be press box thein average of 3 people at any time ere will be anthat thgiven human life izeajeopsignificantly That the omission of a sprinkler system will not
, and systemof a sprinkler the installationfurther complicates and the building is elevated whichno water service to this building or adjacent to itheated building with it is an
unbecause will create practical difficulties or hardships -of Section 225trict application That the s Findings following to the plan, and with the and one fire extinguisher are
added smoke detector oneThat during the meeting, and ithout the filming platform as verbally noted wThat the press box be built substantially as shown in the application materials,
and Condition , with the followingbuilding (professional building) without a sprinkler systempress box 3 (New buildings required to have sprinkler systems) to construct a -ection
225SIthaca Code, eeking relief from the Town of that this Board grants the appeal of Ithaca College, s Resolved 30.2, MDR-1-41.TP 953 Danby Rd College,Ithaca ler Variance kSprin
--ZBASZBA Resolution , Minnig, SallingerRitter Jung,Ayes: Terry, Second: Larry Sallinger Connor Terry Moved: .consistent with sporting facilitiesand needed is and internal illumination
because this size created-self not siThat the difficulty and under Town Code, signs are exempt from SEQR, and institutionsoutine activities of educational r -2 SEQRno SEQR being
required under Type request will not have adverse physical or environmental impacts as evidenced by That the , and illuminatedinternally area allowed andmaximum exceed the also
is being granted and it will feet‘ feet and 6is 6of a sign height imums substantial in that the maxrequest iThat the 7 of 4 Page
Cornell University Area Variance 6--& ZBAA 6--ZBAA ZBA Resolution Minnig, SallingerRitter Jung,Ayes: Terry, Second: Chris Jung Connor Terry Moved: upon the information in Parts
1 & 2 and for the reasons stated in Part 3 of the SEQR form. that this Board makes a negative determination of environmental significance based Resolved 1.13-2-TP 62. 301 Pine Tree
Rd, Cornell University SEQR 6--ZBAA &--ZBAAZBA Resolution SEQR Determination closed. ere was no one wishing to speak and the hearing was ; thMr. Terry opened the public hearing
Public Hearing radius required by the drive through created the necessity for a variance. turn on the parcel limiting options, and the stormwater infrastructure restraintsare uses.
There zoning change and keep the existing approved the need for a avoid station was purposeful toThe placement of the restaurant and gas .drive through ith a, one allows the restaurant
wstore convenienceand a allows fuelzone ne O .bisecting this projecting boundaries There are 3 zon This will require a subdivision and consolidation of the portions of the three parcels
involved. street side, which caused the encroachment into the required setback.The fuel island will be on the inside, with the convenience store and restaurant building on the walkways.
ly pleasing and adding pedestrian pedestrian and vehicular public by making it more aestheticalto improve the streetscape to this “gateway” to Ithaca, make it more welcoming for the
recommendations from the Town Planning Board during previous iterations where the desire was Department and final layout is a result of working with the Town Planning The a presentation
on the Mirabito redevelopment project. and gave appeared before the board Matt Napieralaand Ballantyne Applicant representatives Jim Overview through that would be closer than
60’ to a residential zone. -135E (6) (Principal uses authorized by special permit) for a proposal to install a drive-270seeking relief from Town of Ithaca Code section 1.13,-2-Zone,
TP 62. Commercial DistrictCommunity 6 Appeal Cornell University, Owner of 301 Pine Tree Rd, --ZBAA 7 of 5 Page 11 (Filed 3/17)--ZBA 2025
Terry, Ritter, Jung, Sallinger and Minnig –Ayes Second: Kim Ritter Connor Terry Moved: bike friendly design have resulted in the current design. design of the structures and pedestrian
and sided-fourstrong desire for a streetscape, a created. The Planning Board’s and Planning Department’s -The difficulty is not self store and restaurant drive through. negative
declaration, and this is redevelopment of an existing gas station/convenience The request will not have adverse physical or environmental impacts. SEQR has a applicant is requesting
a setback of approximately 30.1 feet. Yes the request is substantial. The code requires a minimum setback of 50 feet and the , and center and no residential homesmanagement area,
the Cornell Equestrian and Tennis consist of the County’s storm water this variance will improve the visual impacts that exist currently and properties nearby that many of the components
are already in existence and have been for many years and to nearby properties given rin character o ndesirable changeThat there will not be an u aesthetically pleasing and welcoming,
and and for the street facing components to be of transportationother users and other modes was a desire from the Planning Department and Board to create equal accommodation for sided
building design. Even though it is an autocentric use, there -streetscape with a fourother means feasible given the strong desire for a any achieved by The benefit cannot be community,
specificallysafety and welfare of the health,That the benefit to the applicant outweighs any detriment to the Yard Setback Side 6--ZBAA Findings That the project be built substantially
as submitted, and with the following sCondition the followingthru, with -from a residential zone for a driveminimum distance redevelopment project with encroachments into the side
yard setback and the That this Board grants the appeals of Cornell University, 301 Pine Tree Rd to for the Mirabito Front Yard Setbackand Drive through 1.13-2-TP 62. 301 Pine Tree
Rd, 7 of 6 Page
.7:24pmMotion made by Mr. Terry, seconded by Ms. Jung to adjourn the meeting at here at Town Hall or via Zoom. th and reminded the members of the training on March 14Mr.
Moseley went through the appeals to be heard – Next Meeting and Agenda Review Sallingerand , Minnig, Ritter Jung,Ayes: Terry, Second: Matthew Mining Connor Terry Moved: uses
of the parcel dictated how the site can be used. created for the same reasons as it is not feasible. The zoning -difficulty is not selfThat the , and convenience store and restaurant
drive throughthis is redevelopment of an existing gas stationtermination and negative dethe as evidenced by request will not have adverse physical or environmental impactsThat the
where 38’ feet is being granted, and setback foot requires a minimum 60in that the Town Code request is substantialThat the nearby, and residential homesno there are management
area, the Cornell Equestrian and Tennis center and storm water to create a more welcoming streetscape, and properties nearby consist of the County’s through previously existed and the
encroachment is due to the Town’s desire -that a drivein character or to nearby properties given undesirable changeThat there will not be an and tion for other users and other
modes of transportationBoard to create equal accommodathough it is an autocentric use, there was a desire from the Planning Department and sided building design. Even -Department’s
strong desire for a streetscape with a fourbe achieved by other means feasible given the Planning That the benefit cannot Drive Thru encroachment 6--ZBAA 7 of 7 Page 11 (Filed
3/17)--ZBA 2025