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Home My WebLink AboutZBA Minutes 2017-04-17 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday,April 17, 2017 Appeal of Cornell University/EdR, Whitham Design, Agent, Maplewood Student Housing project located at Mitchell St and 201Maple Ave, TP 63.-2-10.2,PDZ, seeking a variance from the Code of the Town of Ithaca Town of Ithaca Chapter 221-6 A (3)to be allowed to have two banners that are more than 24' square feet in size and are not 500 feet from the public road right of way. Information on the above is available from the Town Clerk or on line at www.Town.Ithaca.ny.us Bruce Bates, Director April 10, 2017 Zoning Board of Appeals Monday,April 17, 2017 Minutes Board Members present: Rob Rosen (Chair), Bill King, Chris Jung, Christine Decker and George Vignaux; Alternates: Carin Rubin and William Highland Staff present: Bruce Bates, Director of Code Enforcement; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town Mr. Rosen called the meeting to order at 6:00 p.m. Appeal of Cornell University/EdR,Whitham Design,Agent,Maplewood Student Housing project located at Mitchell St and 201Maple Ave, TP 63.-2-10.2,PDZ, seeking a variance from the Code of the Town of Ithaca Town of Ithaca Chapter 221-6 A(3) to be allowed to have two banners that are more than 24' square feet in size and are not 500 feet from the public road right of way. Kate Chesebrough, Whitham Design,was present to answer questions from the Board. Ms. Chesebrough stated that the banners are for the construction phase of the project and answered questions from the Board including the length of construction—July of 2018—and the reason for the banners --which is to provide images to clearly inform and show the public,who were very involved in the very long approval process, a depiction of what was ultimately decided upon. She stated that the size is to make them more legible from the road while driving by as is the placement closer to the road. Mr. Bates noted that there is a 6-foot fence with black mesh material up now so the banners would be an improvement over that and she agreed as did the Board. Mr.Vignaux put it eloquently—"A picture is worth a thousand words." Mr. Rosen opened 6:12 p.m. There was no one wishing to address the board and the hearing was closed. ZBA Resolution- 0014-2017 Sign Variance SEQR Mitchell Street&201 Maple Ave TP 63.-2-10.2 PDZ April 17,2017 Motion made by Mr. Rosen, seconded by Mr. King This Board makes a negative declaration of environmental significance based on the information provided in Parts 1 and 2 and for the reasons stated in Part 3 o the State Environmental Assessment Form (SEAR). Vote: ayes—Rosen, King,Decker,Jung and Vignaux Unanimous ZBA Minutes 2017-04-17 pg. 1 ZBA Resolution-0014-2017 Sign Variance Mitchell Street&201 Maple Ave TP 63.-2-10.2 PDZ April 17,2017 Motion made by Mr. Rosen, seconded by Ms. Decker This Board moves to grant the appeal of Cornell University/EdR, Whitham Design, Agent, Maplewood Student Housing project located at Mitchell St and 201Maple Ave, TP 63.-2-10.2,PDZ, seeking a variance from the Code of the Town of Ithaca Town of Ithaca Chapter 221-6 A (3)to be allowed to have two banners that are more than 24' square feet in size and are not 500 feet from the public road right of way with the following: Conditions 1. That the signs (banners)be produced and places substantially as submitted and shown in the final submission documents to this board, and 2. That the two signs do not exceed 4' x 8' each and be attached to the fence,no higher than the fence, as described in the submission material, and 3. That the signs shall be removed within 18 months of the date of this approval, or within 15 days after the last certificate of occupancy is issued,whichever is sooner and with the following Findings The benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically; 1. The benefit the applicant seeks cannot be achieved by any other means possible given that they would like to convey a lot of information about the project by depicting the finished product and the size is needed to be seen by passengers in motor vehicles driving by which also necessitates the placement closer than what is allowed, and 2. There will not be any undesirable change to the neighborhood character or to nearby properties given that this will be a small piece of visible landscape of a large construction project and will not be any less attractive than the black material currently on the construction fencing, and 3. The request is substantial, given that they should be 500 feet from the roadway where these will be 20' feet from the roadway, and the maximum area allowed is 24' square feet and these are 32' square feet,but nevertheless, the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community for the reasons stated above, and 4. That the request is self-created in that the applicants wish to be close to the road and larger than allowed,but this Board feels the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, and ZBA Minutes 2017-04-17 pg. 2 5. That there will not be any environmental impacts as stated in the SEQR form. Vote: Ayes—Rosen, King, Vignaux,Decker and Jung Unanimous Other business—No meeting in May Meeting was adjourned at 6:25 p.m. TSubmitte Paulette Rosa,Town Clerk ZBA Minutes 2017-04-17 pg.3 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information.. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Maplewood Redevelopment Project;Sponsor:EdR Trust Name of Action or Project: Sign Variance Project Location(describe,and attach a location map): Veterans Place(Between Mitchell Street and Maple Avenue) Brief Description of Proposed Action: The Maplewood development team is requesting a sign variance to allow for two(2)temporary construction sizes,visible from Maple Avenue and from Mitchell Street,to be UK in size each. Current Town of Ithaca sign laws only allow for one temporary construction sign no greater than 6 square feet in size. Name of Applicant or Sponsor: Telephone: (607)272-1290 Scott Whitham E-Mail: whitham@whithamdesign.com Address: 142 East State Street Suite B City/PO: State: Zip Code: Ithaca NY 14850 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: a ❑ Town of Ithaca Zoning Board of Appeals Sign Variance 3.a.Total acreage of the site of the proposed action? 16.98 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 16.98 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) [:]Industrial ❑Commercial m Residential(suburban) ❑Forest ❑Agriculture El Aquatic ❑Other(specify): institutional(cemetery,Comell Univ.) ❑Parkland Page 1 of 4 5, Is tile proposed action, N1 YES N/A a.A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 1:1 21 6, Is the proposed action consistent with the predominant character of the existing b41 i It or natural NO YES] landscape? 1:1 IZI 7. Is the site of tile proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES IfYes, identify: .......... .............................. ................. ..................... —1 ............. ................. ----------- Z F If. a. Will the proposed action result ina:substantial increase intraffic alcove present levels? NO YES Fv—(] El b, Are public transportation service(s)available at or near the site ofthe proposed action? F-1 W1— c:, Are any pedestrian accommodations or bicycle routes available on or near site ofthe proposed action? F I v/1 F- 9. Does tile proposed action meet or exceed the state energy code requirements? NO IE If the proposed action mill-exceed requirements,describe design [features and technologim ....................... .......................................... .................—--—----------------------------- M Will the propose(]action connect to an existing, public/private water supply? NO YES If No,describe method for providing potable water: Z 7 .......... ...... .... --——---------------------------- I I.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Fv(1 F-1 ................. ...................... 11 a. Does the site contain a structure that is listed on either tile State or National Register of I listoric NO j YES Places'? Z F-1 b. Is,the proposed action located in an archeological sensitive area'? 13, a, Does any portion ofthe site ofthe proposed action,or lands ad'joining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency'? Z EL b. Would tile proposed action physically alter,or encroach into,any existing wetland or waterbody? F4 El IfYcs, identify the wetland or waterbody and extent of alterations in square feet or acres:...... ...................... ........................ 14. Identify the typical habitat types that occur on,or are likely to be found oil the project site. Check all that -apply: El Shoreline El I"'orest F-1 Agricultural/grasslands EjEarly mid-successional El Wetland El Urban 0 Suburban 15. Does the site ofthe proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? 77 El- 16. Is the project site located in the 100 year flood plain? NO YES Fy/1 F-1 IT Will the proposed action create storm water discharge,either from point or non-point sources? NO YES 1f Yes, I I a. Will storm water discharges flow to adjacent properties? NO [:]YES b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? IfYcs, briefly describe: NO ❑YES, ........................---.................. -- —---—------------——......—--------- ---------- Page 2 of 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑' ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Scott Whitham Date: March 2.2017 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? a ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the a ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: F ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ✓❑ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, El or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, Elwaterbodies,groundwater,air quality,flora and fauna)? 21 1 Page 3 of 4 No,or Moderate small to large impact impact may Inay, occur occur I Wil I the proposed action result in an increase in the potential for erosion, flooding or drainaue =71 problems'? .......................................... I I Wil I the proposed action create a hazard to environuiental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every CILICStiOn in fart? that was answered "moderate to large inIpaCt 111'cly occur"", or if there is a need to explain why a particular element of the proposed action may or will riot rCSUIt in a significant adverse environmental impact,please complete Pail 1. Part 3 should, in sufficient delad, identify the impact, including in),ineasures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the fitipact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and CUrntflative impacts. This proposed action is to allow Banners on a fence at the entrance5into an approved development project, These banners will be only temporary Until the development project is complete. Therefore, based on this information and the DEC EAF mapper summery report there would be little or no environmental impact in granting this variance. F1Check this box of you have determined,based on the inf'ortnation and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse hnpacts and an Oenvironmental impact statement is required. Chock this box ifyou have determined,based on the information rand analysis above, and any supporting dOCLInientation, that the proposed action will not result in any significant adverse environnicntal i7niacts. ,�/ ................. lanae of Lead Agency Date ? C Print car..'J"ype Name of Responsible Officer in Lead A trey" Title of Responsible Officer Signature of Preparer dif�fere-ii�fi�—des pons--ib-1--e ignat reof Responsible Officer in Lead Agency 0 dJff leer PRINT�:] Page 4 of 4 EAF Dapper Suammary Report Friday, March 31, 2017 212 PM Disclaimer: The EAF Mapper is a screening tool intended to assust project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF cquesUon can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a Substitute for agency determinations. wd'ii aro laca Idtr Boston .o // �/i gSNrrif �n V ��„ wtrnt a A ;V� 'RERE,'�DaL cr me,C a>C.,�, 1 ktt hat e its a lrtacmap, VNC1<RENIE'UT Fl, NR C6hprF—r' Japan,HETI, Esrll Chuna tHorrg i ng),Eg'n r�nrttrtarnry a ora�a �p, �'E, �s �0 Kcrea,Esru iThart-nd LIa�,rr tmdia,tq f-C, � IV~ y a:rtuenfmnir r, E^etls�uta"rE�`�r Imter n^zp„ R �daekt dap cvntr butvars,and the GIS IN CA t,11,1EYi B E,NE Win,Es id UB Ey Carr rnm rout r:irnn wt h dJi ,MET ,EsriChina uiw&g Part 1 /Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National Register of No Historic Places] Part 1 /Question 12b [Archeological Sites] No Part 1 /Question 13a [Wetlands or Other No Regulated'ifWaterbodies] Part 1 /Question 1 [Threatened or No Endangered Animal] Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook, Part 1 1 Question 20 [Remediation Site] No Short Environmental Assessment Form- EAF Mapper Summary Report