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HomeMy WebLinkAboutZBA Minutes 2013-02-25 TOWN OF ITHACA ZONING BOARD OF APPEALS Minutes Monday February 25, 2013 Present: Kirk Sigel, Chair; Bill King, Rob Rosen and John DeRosa Alternates: Christine Decker and Chris Jung Absent: Staff: Bruce Bates, Director of Code Enforcement and Zoning, Susan Brock, Attorney for the Town, Lori Kofoid, Deputy Town Clerk Chairman Sigel opened the meeting at 7:03 pm Appeal of Town of Ithaca Public Works, owner requesting a variance from the requirements of Chapter 225-3A (8) "Sprinkler Systems", 270-59 "Height Limitations" and 270-56 C "Permitted accessory buildings and uses" of the Town of Ithaca Code, to be permitted to build a 40 foot high salt storage building and a small storage shed which exceeds the height limitations and the number of accessory buildings permitted, located at 106 Seven Mile Dr, Tax Parcel No. 33.-2- 6.1, Low Density Residential. Creig Hebron, Town of Ithaca Public Works Department was present to provide information and answer questions. Mr. Hebron summarized that this is the accumulation of the addition to the cold storage pole barn and the annex building to build up to this so there are places to store what is currently in the lean to area around the salt storage shed. The original storage shed was more like a silo bunker that didn't have a roof. In 1979 a roof was added. The roof as currently configured is too low to dump a dump truck inside so the salt is dumped on the outside of the building and pushed in. This proposal is for a building large enough to actually bring the trucks inside and there would be no more outside use of the salt area. It is just a little larger than the existing building but is in the same footprint as the current building. The current one has a 24 foot height; new one has a 40 foot height which is the reason for the variance request. Mr. Hebron addressed Mr. Krantz's concern that the building is open to the public for picking up mulch and dirt and that there could be people smoking in the building which would not have a sprinkler system. Mr. Hebron explained that this area is not the building that is open to the public. He pointed out the overview map included with the site plan the area that has three bunkers that contain the drop off area where the public is allowed for pickup of materials. The building will be made with 12 ft concrete walls with wood on the downhill side which was explained in response to whether it was made of flammable materials. Chris Jung had a question about whether the height would be more noticeable to neighbors nearby. Mr. Hebron explained that a tree line runs along one side of the ZBA 2.25.13 1 e properties and that on the other side is open fields before the trailer park. There is one home in front of the property. Public hearing was opened at 7:08 pm. George Sheldrake of Early Bird Farms expressed his concerns and asked questions regarding the proposed building. He owns property that is adjacent to the proposed building. His main question is about whether it is really needed. He referenced the barn that the City of Ithaca placed off of Rt 13 that he thinks is an eyesore and that they can't put in as much salt as they did before. He also is concerned about the height of the building. He presented a picture taken from his office that looks over at the Public Works Department property that shows the current building. He sketched the proposed height over the current picture so that people could see the difference between the old and the new. Mr. Sigel explained that the materials indicate the storage will increase from 800 tons to 2,000 tons which is an obvious benefit to the Town to be inside instead of dumping outside and pushing it in. The Town has also expressed that 2,000 tons would be an entire year's supply. Mr. Sheldrake thought that was a good thing but was still concerned about the height and it's visibility from his property and the trailer park. Mr. Sheldrake would like to place a 40 foot barn brought from Newfield and place on his property which would block the view to the proposed town building. He anticipates being turned down by the Town ZBA. Mr. Sigel stated that a home could be built at 36 feet and this barn would not be that much higher than a home. Discussion between Mr. Bates, Mr. Sigel and Mr. Sheldrake regarding what zoning is current in that area and what uses are permitted. It was clarified for Mr. Sheldrake that it would look like what is in the picture that was given to the board. Tracy Evans, owner of the adjoining property between the trailer park and the Public Works Department addressed the board with her concerns, specifically the height of the new building and how that height compared to the new Annex building. The new Annex building was 26 or 27 feet high and this one would be 40 feet, 13-14 feet higher than the Annex. She was appreciative of the picture that was presented which showed her the height. Her home looks straight into the side of the Town barns. It was clarified and explained how the barn would be placed and where the opening would be, which would be on the opposite side of where she would view. She pointed out that it would result in fewer deliveries of salt which would be a positive benefit. Mr. Sigel again pointed out that it is a similar size in height as a house that could be built in that area. Mr. Hebron responded to concerns. It has happened twice already that they have had to have a second load delivered, which brings more tractor trailer traffic and added delivery charges for the Town. Having a barn that can hold an entire seasons worth of salt would be a benefit to the town in these areas. There will be a 12 feet concrete wall ZBA 2.25.13 2 ., in the back to back into, there won't be any new fill in and the floor of the building will not be built up but rather will go back into the hillside. The back wall from the backside elevation will be 28 feet high. What Ms. Evans will see is the backside of the building going into the bank, the northern side of the building will be going into the bank in the back of the building. Ms. Evans explained her discontent with a past project in which she built a garage to hold her RV. The original plans had the building higher than the regulations and she had to have them redone at her expense. She has to soften the tires on her RV in order to get it into the garage that she built. This also contributed to her concern about the height of the proposed Public Works building. Ms. Brock requested that the SEAR short form #8 has the sprinkler variance needed. She clarified that Mr. Hebron did intend to put residential in the box under#10 instead of check marking the residential box. ZBA Resolution No. 2013-004 , SEQR Determination, Area Variance, 106 Seven Mile Dr, TP# 33.-2-6.1, February 25, 2013 Motion made by Kirk Sigel, seconded by Rob Rosen. Resolved, that in regard to the appeal of Town of Ithaca Public Works, owner, requesting sprinkler and area variances on the property located at 106 Seven Mile Dr, that this Board makes a negative determination of environmental significance based on the information in the part I environmental assessment form, and for the reasons stated in Part II of the environmental assessment form. Vote: Ayes— Sigel, Krantz, King, Rosen and DeRosa Nays — none Motion passed unanimously. Mr. Sigel closed the public hearing at 7:31 pm. Mr. Sigel and Mr. Hebron discussed the sprinkler system. It was explained that there is not water into the building, it is a costly system and it would not be good to get the salt wet. There is also not a door on the building. There is not office space or storage space in the building. ZBA 2.25.13 3 ZBA Resolution No. 2013-005, Sprinkler Variance, , 106 Seven Mile Dr, TP# 33.-2-6.1, February 25, 2013 Motion made by Kirk Sigel, Seconded by Ron Krantz That this board grants the appeal of Town of Ithaca Public Works, owners, requesting a variance form the requirements of Chapter 225-3A (8) "Sprinkler Systems" to be permitted to build a salt storage building and small storage annex without the required sprinkler system, located at 106 Seven Mile Dr, Tax Parcel No. 33.-2-6.1, Low Density Residential with the following: Conditions 1. That there be no long term storage of any vehicles or equipment that contains any flammable or combustible material. With the following Findings 1. That the requirements for a sprinkler variance have been met and, specifically that the application of the strict letter of the sprinkler chapter of the town code would create a practical difficulty or unnecessary hardship given that the building is unheated and is not even enclosed on one side and has no water supply to the building and, 2. It is assumed that any sort of sprinkler or fire suppression system installed in the building would be costly and, 3. That the omission of the approved sprinkler system from all or part of the building will not significantly jeopardize human life given that there is no office space inside the building that is inhabited on a long term basis and that the only occupancy of the building is short lived while salt is either being unloaded or loaded in the building. Vote: Ayes — Sigel, Krantz, King, Rosen and DeRosa Nayes — None Motion passed unanimously ZBA 2.25.13 4 ' '. Appeal of Petrillose Properties, LLC, owner, Noah Demarest, agent requesting a variance from the requirements of Chapter 270-71 C "Side yard setback" for Lot A, and Chapter 270-71 A & C "Front yard and side yard setback" for Lot B of the Town of Ithaca Code, to be permitted to construct 1 structure on each Lot A and B that have insufficient lot size and yard requirements, pending subdivision approval, located at 103 Wiedmaier Ct, current Tax Parcel No. 56.-4-1.24, Medium Density Residential. Mr. Demarest explained that there were issues with this property when it was subdivided in the past, prior to the current owner or himself being involved. They are interested in rectifying some of the issues that have been present involving the storm water. An initial sketch plan was done recently with the Planning Board and they received good feedback which also included the hiring of TG Miller Engineering to help with the project. Since that meeting, they have made adjustments based on the feedback and have included those adjustments in the materials that are before the Zoning Board. Mr. Demarest outlined the major changes which included taking the building off the "No Disturbance" line by making the buildings smaller, which will prevent construction disturbance. The storm water was the other major area addressed. In the original plans from 2010, the area that was treated with a rain garden was only 1040 square feet. The new proposal has a total impervious surface area of 5470 square feet, 4900 square feet of that is being treated. They are going to great lengths to capture as much water onsite and treat it by keeping the existing rain garden and adding an additional rain garden that is roughly the same size. A gravel filter strip at the end of the driveway will also collect water from the downspouts and would sheet drain across the gravel parking lot into this gravel filter strip. Ms. Brock stated that she had spoken to Creig Hebdon, Town Engineer about the proposal that was submitted to him and he has written a memo to the Planning Board stating that the proposal from TG Miller would adequately deal with the increased runoff due to the increase in impervious land. Mr. Demarest addressed the actual variances that are being requested, stating that they are fairly minor variances. The buildings are clustered together in order to avoid the area of no disturbance. The preliminary grading plan shows that they are able to grade it completely without any disturbance outside the fence line. Because of the topography and how the drive way comes in, the building needed to be moved downhill and away from the slope. Since this is a single owner, the driveway is being shared which is an efficient use of space. The setback requirements are 15 ft on one side and proposal is 1 Oft away from the shared property line. The second variance is the minimum width of the lot at the maximum front yard setback. It is supposed to be 100 feet but they are proposing 76.56 feet. The clustering of the buildings is what is created this issue. The overall lot is greater than 30,000 square feet so what they are asking for is to subdivide it into two lots that are still 15,000 square feet which does meet the minimum lot area for this zone. They are not making these lots any smaller than what is legally required, but rather just pushing together to get buildings into a buildable location. The buildings would meet the setback if the front porches were not there. ZBA 2.25.13 5 There was some discussion about whether the stream setback law would apply here. Ms. Brock explained that the Town has a stream setback law but this building does not encroach and this stream is not included in this law. The county uses a best practices distance of 50 feet but it is not clear where they measure the distance from the stream. Mr. Demarest can make the distance 50 feet in case it is an issue. The public hearing was opened at 8:55pm and closed without comment at 8:55pm. ZBA Resolution No. 2013-007, Area Variance, 103 Wiedmaier Ct, TP# 56.-4-1.24 February 25, 2013 Motion made by Kirk Sigel, seconded by Bill King Resolved, that this board adjourns the appeal of Petrillose Properties, LLC, owner, Noah Demarest, agent requesting a variance from the requirements of Chapter 270- 71 C "Side yard setback" for Lot A, and Chapter 270-71 A & C "Front yard and side yard setback" for Lot B of the Town of Ithaca Code, to be permitted to construct 1 structure on each Lot A and B that have insufficient lot size and yard requirements, pending subdivision approval, located at 103 Wiedmaier Ct, current Tax Parcel No. 56.-4-1.24, Medium Density Residential until the March 18, 2013 meeting of the Zoning Board of Appeals or a later date if the applicant requests it. Vote: Ayes — Sigel, Krantz, King, Rosen and DeRosa Nayes — None Motion passed unanimously Meeting adjourned at 8:33pm. Submitted by: -11 Lord Ko aid,"Deputy TawtC�Iek Approved by: Kirk Sigel, Chair ZBA 2.25.13 6 'ffidavit of Service by Mail Zoning Board of Appeals Meeting 12/17/12 loffl%k Victor&Marion Somma Clare George Wiedmaier Petrillose Properties LLC 120 Burns Rd 12419 Shelter Lane 179 King Rd East Ithaca,NY 14850 Bowie,MD 20715 Ithaca, NY 14850 Noah Demarest, RA, RLA,LEED AP STREAM Collaborative 405 E.Marshall St Ithaca,NY 14850 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York. ........... Lori Kofoid, Deputy Town)CIt.k Town of Ithaca Sworn to before me this 13t" day of February 2013. .'A�6ary Public Debra DeAugistlne Notary Public-State of New York No.01[,E 6148035 Oupl;ficd in Tcyn,Dkins county My Commission Expires June 19,20/ 2 AFFIDAVIT OF SERVICE BY MAIL ` (Iwk /40k1 oTATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I,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 13th day of February 2013, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 106 Seven Mile Dr,Area&Sprinkler Variance Hazel Cortright Dean Deljoo&Melissa Perry Eddy Hill Inc. 653 Elmira Rd 711 Elmira Rd 16 E Enfield Center Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Alfred Eddy Paul &Katherine Hildreth JAMNA Hospitality Inc 544 Bostwick Rd 657 Elmira Rd 654 Elmira Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 William&Patricia Kerry William&Patricia Kerry Carolyn McMaster 704 Elmira Rd 702 Elmira Rd 706 Elmira Rd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Julabbhai Patel George Sheldrake Tracie Sheldrake 658 Elmira Rd 174 Calkins Rd 124 Seven Mile Dr Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Charles Welch Town of Ithaca 110 Seven Mile Dr Public Works Facility Ithaca,NY 14850 106 Seven Mile Dr Ithaca,NY 14850 103 Wiedmaier Ct,Area Variance Srijana&Jagadish Bajracharya Eleanor Foote Wilfred& 602 King Rd West 1640 Slaterville Rd Madeleine Graham Ithaca,NY 14850 Ithaca,NY 14850 1590 Slaterville Rd Ithaca,NY 14850 James Hamilton&Diane Florini Koenig Family Properties Katherine&Peter Marchetto 1603 Slaterville Rd 107 Golden Pheasant Dr 1586 Slaterville RD Ithaca,NY 14850 Getzville,NY 14068 Ithaca,NY 14850 James &Sally Pritt Robert Rightmyer Terry Singleton ,632 Slaterville RD 1691 Slaterville Rd 648 Amsterdam Ave ApG 2B / ,haca,NY 14850 Ithaca,NY 14850 New York,NY 10025 TOWN OF ITHACA ZONING BOARD OF APPEALS SIGN-IN SHEET DATE: February 25, 2013 (PL EA 5E PRINT TO EN,5URE A CCURA CY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTAW)RE55/AFFILIATION 7-- TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Lori Kofoid, being duly sworn, say that I a 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: ADVERTISEMENT: PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, February 25, 2013 7:00 P.M. Date of Publication: Friday, February 15, 2013 Location of Sign Board Used for Posting: Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Wednesday, February 13, 2013 V Lori Ko oid Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 13th day of Febru 2013. Notary Pub Pc PAULETTE TERWILLIGER Notary Public,State of Now Yo& No.01 TE61 SM09 Clualified in Tompkins 6" Commission FxPlres December 4,20 M,121 r r 'fOWN OF ITHACA ,go Nq BOARD OF APPEALS' F NICE OF PUBLIC n HEARINGS a' IMoj�ayFebmuary25,-2013 1 , 2 Nojth Tlot)a Stnsef_, c kh�na 7.0(1 PIM, 'Am beef of Town of Ithaca t a PiAblka Warks owner r a� ? fu zetirlP a,vadanae from e the:regia ements of Ci r. d; r 22 Y,,A" (B) °Sslnar' a P �fht U xitJGonsand ,ai 270$,Bi' f p"Pertmvued aacce sort' P41�1,„r e'irga and uses of thoy{aa ae'e earl NthaMa Cada,to 0 p'00, mdkkko build a -fta hlPh salt storage. h9r(I'di” n4od„a small storutle s [ d,'Wtidlr exceeds the.b*10A atl6akA'a d s,land the naps bV,I e buildingg'Ver-f mNGTt,,located at 166 Sev,, n{ e'Dr,fcmPar cel No, '° ks ,•2.a 1 Low 00081tal,4 AMIN,; n Ifealden aL a'Alalsddai,al PetrilkasePrOpe' M6% LLC; owner;' N00”' a,s.ktrtppcsi,, agent, kefftlpgJ7 y hxp,a;vabanne froav,thpim- k;6iteiisfont of Chariter'2'M M 7'l,C, 11Side yarn setbaclkx a for Lot A,and Chapter 2M 1 1 X1 G'Front yard and,I skYl6 yard'setback'for Lott of the Tovan of>It iii t Code, to be permitted„t+x3 �e 6X,mtyuc,t`1 struot Oto , ogiAT Lot'A and B that`N*01I jrij,i ient lot size,and Y60 I ,4„rerairements,pending stl�fsc,} ,,wanton approval,locate 1dVWicdrnaier Ct,..curr t'i Tax Panel No.56,-4-1.24,j Mepnrrn`'Density Besides, tsistance will be provide'C for,individuals with sapkugC nods,upon,request;. ,E qda shout<i be mart�e PfoE;1 IFs than 46 hours prior W E khe public he,aungs, < giYeidor of Code Er'4fIlmoment 60T27'317$3 Dalod: Februpty 13,2'01.3 2+/1,5/2013 , I .y t°w`