HomeMy WebLinkAboutZBA Minutes 2015-12-14 TOWN OF ITHACA ZONING BOARD OF APPEALS
Monday,December 14, 2015
Board Members Present: Rob Rosen, Chair; Bill King, and John DeRosa, Christine Decker,
and Chris Jung; Alternates George Vignaux and Carin Rubin
Staff Present: Bruce Bates, Director of Code Enforcement; Paulette Terwilliger, Town
Clerk; Susan Brock, Attorney for the Town
Mr. Rosen opened the meeting at 6:00 p.m.
Mr. Rosen and Mr. King recused themselves from the appeal of Longhouse Cooperative
because they both work for the company installing the array although they are not on this
particular project. Mr. Rosen and Mr. King sat in the audience.
Mr. DeRosa volunteered to chair the meeting for the appeal.
Appeal of Tatiem Engineering,Agent and Longhouse Cooperative Inc., owner,requesting
a variance from the requirements of Chapter 270-219.1B (3) (5) "Solar Collectors and
installation" of the Code of the Town of Ithaca to install a 2,700+/- square foot ground
mounted solar panels that exceed the allowed 1,000 square feet, and a variance from the
required side or rear yard placement location to place it in the front yard,property located
at 770 Elm Street Ext., TP 28.4-28.4,LDR
Ms. Brock noted that the public hearing notice listed the percentage of the variance as 36%
where it is actually 170%but stated that since the figures of the maximum allowed and the size
requested were both given, the typo is not substantive and the appeal could be heard.
Tim Joseph, Maintenance Coordinator for the Longhouse Cooperative was present to answer
questions from the board and stated that the application materials submitted explain that the
Cooperative's land in question is possibly technically the front yard,but in actuality it is not used
as a front yard and then some cases the definition doesn't match the actuality. He added that the
size of the array is necessary since it will be serving nine houses in the Cooperative.
Ms. Rubin asked Mr. Bates and Ms. Brock how the location fits the definition of a front yard and
Mr. Bates responded that the definition states that it is from the front of the structure to the road
so you have to take the closest structure to the road and follow that plane out. Ms. Brock added
that the Town Board knew this definition would not fit every case but you have to have a
definition and this covers most properties. She also added that the Codes & Ordinances
Committee is working to revise the Solar Collector law because it was written over 10 years ago
when there weren't many in the town and the impacts were not known. Since then things have
changed and the impacts are known and not thought to be significant and acceptance and support
for alternative energy is very positive in the Town. She noted that the Committee is in favor of
allowing collectors in front and side yards but this Board has to rule according to the law in
effect now.
ZBA 12-14-2015 Pg 1
The Board discussed SEQR and Ms. Brock read the definition of Type 2 under SEQR which
states that"construction ....minor accessories or structures....decks, satellite dishes....are
exempt"and she thought the board should discuss whether they thought the array fit under the
exemption with the word"minor." The board thought that given satellite dishes were in the
definition and a barn which could be very large also, the board determined the array fit under the
definition of Type 2 and stated no SEQR would be needed.
Mr. DeRosa opened the public hearing at 6:10 p.m. There was no one present and the hearing
was closed.
ZBA Resolution 0066-2015 Area Variance
Longhouse Cooperative, Inc
770 Elm Street Ext
TP 28.4-28.4
December 14,2015
Moved: John DeRosa Seconded: George Vignaux
Resolved that this board grant the appeal of Tatiem Engineering, Agent and Longhouse
Cooperative Inc., owner,requesting a variance from the requirements of Chapter 270-219.1B (3)
(5) "Solar Collectors and installation" of the Code of the Town of Ithaca to install a 2,700+/-
square foot ground mounted solar panels that exceed the allowed 1,000 square feet, and a
variance from the required side or rear yard placement location to place it in the front yard,
property located at 770 Elm Street Ext., with the following
Findings
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community, specifically
1. That the benefit to the applicant cannot be achieved by any other means feasible, given
the unusual nature of this development and the unusual number of buildings on the parcel
and the size of the lot; the panels might have been detrimental if the board were looking
at a typical residential lot but they are not problematic given the size and scope of this
project in relation to the size of the lot, and the size of the panels are needed to serve the
number of buildings and people in the development and there is no other location on the
lot to place the panels which would not interfere with the use of the buildings and other
purposes, and
2. There will not be an undesirable change in the neighborhood character or to nearby
properties because this is a sizeable lot and the area in question, while technically it falls
in the definition of a front yard, it doesn't apply very well to this parcel and the array is
shielded from view from the road by trees and the distance to the road is substantial,
being approximately 250 feet, and
ZBA 12-14-2015 Pg 2
3. The appeal is substantial given the size being 2,700 where 1,000 is allowed and the
placement in the front yard which is prohibited, but given the size of the parcel, it is
outweighed by the factors as stated above, and
4. There will be no adverse physical or environmental effects but will actually benefit the
community in terms of lowering emissions and there is no noise or heat generated by this
array.
And with the following
Condition: That the array be constructed and located substantially as shown in the plans
submitted to this board.
Vote: Ayes—DeRosa, Rubin, Vignaux, Decker, Jung and Shaw Unanimous
Recused: King and Rosen
Mr. Rosen and Mr. King returned to the board table and Mr. Rosen resumed Chair duties.
Other Business:
Approve Schedule for 2016
Ms. Decker moved to approve the schedule as submitted, seconded by Mr. Vignaux,unanimous.
Membership and Chair
Mr. Rosen was interested in continuing as Chair and Mr. King, Mr. Vignaux and Ms. Rubin were
interested in being reappointed. Ms. Terwilliger will inform the Town Board.
Ms. Decker moved and Mr. Vignaux seconded recommending to the Town Board the
reappointment of Mr. Rosen as Chair for 2016.
Approval of November Minutes
Mr. Rosen moved the approval of the minutes, Ms. Jung seconded. Unanimous
Minutes of September—Ms. Terwilliger reported that a mistake in the adopted minutes of
September was discovered; the word"dock"was used instead of"deck"in one instance and the
implication is substantive. She reported that she listened to the audio twice, made the change in
an annotated paragraph to the existing minutes so that in the future, any minutes presented
without the annotation would be invalid. Mr. Rosen moved to accept the revised minutes,
seconded by Mr. DeRosa. Unanimous
Meeting was adjourned at 6:30p.m.
Subm' e
au to erwilliger, Town Clerk
ZBA 12-14-2015 Pg 3
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Lori Kofoid, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca,
Tompkins County, New York that the following notice has been duly posted on the sign board of
the Town Clerk of the Town of Ithaca and the notice has been duly published in the official
newspaper, Ithaca Journal:
O ADVERTISEMENT
(,NOTICE OF PUBLIC HEARINGS
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ToWN C4f i l4 r Appi?NIhNC
BOARD NOMEOMBUG
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Location of Sign Board Used for Posting: �,Ooperruve Inc", o,wom re•
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Town Clerks Officete,eda � a>
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215 North Tioga Street snd rMatl� tdr� er trra
o d of ttie roe, 7�'1600
Ithaca, NY 14850 te;onei�rlo a 27 r��a
oor ground'nrakililed, li t.
panels that,exceed t5s Of-
lowed 1000 square feet I*,
Date of Posting: December 2, 2095 36^%ono avartanetifrorntiae
req*ed side or rear yard
placement Ioimtjon to.plaae it
to the front yerd,located at i
Date of Publication: December 4, 2015 7'74 Elm Bk t,Tax Parwl
No 6,t 25.4, LOB 1LO
v Density Rout¢4e6tieJ,
Bruce W.Bates..
Director of Code
Bn#uzrcemeat
607.273-1766.
Lori KO oid foe 4/201 xeatx 2a;act
Deputy Town Clerk L
STATE OF NEW YORK)
COUNTY OF TOMPKI S) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this q ° °_... day of
� 7w' , 2015.
Notary.,public
[zebra DeAugistine
Notary Public-Stag of New York
No.01 DE6148035
Qualified in Tompkins County p
My Commission Expires June 19,20
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS.:
COUNTY OF TOMPKINS )
1, Lori Kofoid, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age with a professional
address of 215 North Tioga Street, Ithaca,New York.
That on the 2nd day of December 2015,deponent served the within Notice upon the property owners listed on the attached document,of
the following Tax Parcel Numbers:
770 Elm St Ext.,Tax Parcel 28.-1-28.4,Area Variance
By depositing same enclosed in a postpaid addressed wrapper, in a post office Linder the exclusive care and custody of the United States Post Office
Department within the S)ate of New York.
CLori Kofo 1,Deputy T0W1i Cler
Town of Itl aca
Sworn to before me this 2nd Day of December 2015.
ry
Notary public
Debra DeAugistine
Notary Public-State of New York
No.01 DE6148035
Qualified in Tompkins County
MY Commission Expires June 19,20
770 EIIn St Ext TP 28.-1-28.4
Cornell University Breton Bienvenue&Maria DeFrancesco Michael Carver
PO Box DH 750 Elm St Ext PO Box 793
Ithaca,NY 14853 Ithaca,NY 14850 Ithaca,NY 14851
Bert Gildersleeve David and Sarah Locke Mountin Longhouse Cooperative Inc
4135 Tichenor Rd 738 Elm St Ext 770 Elm St Ext
Hector,NY 14841 Ithaca,NY 14850 Ithaca,NY 14850
Stephen III&Paula Pete Claire H Fox&Mark Zil'chock
455 Lowden Point Rd 786 Elm St Ext
Rochester,NY 14612 Ithaca,NY 14850
Jim Hoepf ager&Sylvia Beneway Noemi Kraut
730 Elm St Ext 635 Elm St Ext
Ithaca,NY 14850 Ithaca,NY 14850
William&Sharon Alberta Ecovillage at Ithaca Inc
751 Elm St Ext 100 Rachael Carson Way
Ithaca,NY 14850 Ithaca,NY 14850