HomeMy WebLinkAboutZBA Minutes 2013-03-18 TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday March 18,2013
215 North Tioga Street, Ithaca
7:00 P.M.
Board Members Present: Kirk Sigel, Chair; Ron Krantz, Rob Rosen, Bill King,John DeRosa
Alternates: Christine Decker and Chris Jung
Staff: Bruce Bates, Director of Code Enforcement, Paulette Terwilliger, Town Clerk and Susan
Brock,Attorney for the Town
Mr. Sigel opened the meeting at 7:00 p.m.
Continuation of the adiourned appeal of Petrillose Properties, LLC, owner, Noah
Demarest, agent requesting a variance from the requirements of Chapter 270-71C "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.
Noah Demarest,Architect and Chris Petrillose, Owner were present
Mr. Sigel asked the applicant if the plans the Zoning Board have are exactly what the Planning
Board approved and Mr. Demarest said they were. Mr. Demarest added that the Planning Board
seemed very happy with the modifications they made and although it is not required, he has
confirmed that they are 50 feet away from the stream setback which the Planning Board was
concerned about and they were happy with the distance. He added that the Planning Board was
also happy with the reduction overall of the footprints and the reduction of the impervious
surface, the addition of the fence and the moving the buildings away from the no-disturbance
area.
Mr. Sigel asked Mr. Demarest if it was his belief that they meet the County's minimum
requirement for stream setback and Mr. Demarest responded yes and Ms. Brock and Mr. Bates
agreed. Mr. Sigel noted that that would negate the need for a super majority on the appeal.
Mr. Demarest noted that at the last Zoning Board meeting there was some discussion about how
close the buildings were to each other and the variance they are requesting of a 10 foot sideyard
and the thought that maybe they could stretch the buildings apart a little bit, but he thought that
the configuration the way it is now significantly reduces the impervious coverage and they would
really like to keep it that way. He added that they are looking at further reducing the footprint by
possibly reducing the size of the porch a little bit but they would like to keep the request at 10
feet just in case.
ZBA 3-18-2013 pg. 1
Mr. DeRosa asked about the fairly long email they had received at the last meeting from a
concerned neighbor and asked if there was any follow up to that email. Ms. Brock responded
that there was another email submitted to the Planning Board and the neighbor indicated she was
satisfied with the conditions imposed by the Planning Board.
Mr. DeRosa read portions of the letter: "The new building plans show that Mr. Petrillos has
reduced the size of the buildings and of the paved area. If he follows the Planning Boards
restrictions during construction and in the future, then I withdraw my objections to this particular
subdivision although my comments about what constitutes a neighborhood ought to be taken into
consideration."
Mr. Rosen stated that he is still concerned about the closeness of the buildings noting that most
variances that come to the Board are for existing buildings but this is new construction on a new
lot and the lot is big enough for the conforming setbacks and he doesn't see how having 10 feet
of greenspace between the driveways would make for more paved area. Mr. Demarest explained
that it is a function of getting into the garages so if you move the buildings further away, the
pavement is going to stretch out with them and there is not enough space to have two driveways
which would add more greenspace but that isn't possible and they are constrained by the area of
no disturbance which is forcing the building very close to the property line. Mr. Rosen felt that
the buildings were too close together and the amount of pavement suggested is not realistic for
people to park and the reality is that the parking area is going to be bigger than what is depicted
and this variance to have the houses closer together is unrealistic and unnecessary.
Mr. Sigel stated that his opinion is the applicants proposal is reasonable because of the
constraints of the area of no disturbance and although you could argue that this was originally
subdivided as a single lot, it is a large lot and they can make two legal lots except for the
deficiency in the width on the one but it is an acceptable plan given the restraints and the goals
they are trying to achieve and in general this type of clustering is a good thing that allows some
shared usage of the driveway/parking area.
Mr. King did not feel it was appropriate use of the land there,but given what the Planning Board
has allowed them to do, he thought the variance does make it a better proposal. Mr. Sigel
agreed, saying that the variances on their face are not that significant given that the subdivision
was approved. Ms. Brock noted that the Planning Board could not take into consideration the
variances, and they have to ignore the fact that variances would be needed and this Board should
not read anything pro or con from their approval into what this Board has to decide. You can
take into account their site plan recommendations and conditions. Mr. King said that given that
the subdivision was approved this is the only option. Mr. Sigel noted that the area of no
disturbance is an older Planning Board restriction which pretty much ensured that if you wanted
to get two lots out of this, you were going to get this type of proposal given all the restrictions.
Mr. Sigel opened the public hearing regarding the appeal. There was no one wishing to address
the Board on this appeal and the hearing was closed.
ZBA 3-18-2013 pg. 2
ZBA Resolution No. 2013-08,Area Variance, Chris Petrillose, 103 Wiedmaier Ct,
TP 56.4-1.24
Motion made by Kirk Sigel, seconded by Ron Krantz
That this Board grants the appeal of Petrillose Properties, LLC, requesting a variance from the
requirements of Chapter 270-71C"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 width at the required setback
and insufficient side yard setbacks located at 103 Wiedmaier Ct, current Tax Parcel No. 56.4-
1.24, Medium Density Residential.
Conditions
1. that the project be built substantially similar to what is proposed on the plans submitted to
this board at our prior meeting with the understanding that the buildings could become
smaller and not require any modification of the variance and
2. with the conditions enumerated by the Planning Board's resolution 2013-10 1(b) through
1(i):
b. Prior to signing of the plat by the Planning Board Chair, revision of the
subdivision plat to:
(1)note the declaration of restriction reference that is located in the upper right corner
of the former survey map ("Survey Map—Lands of Clare George Wiedmaier, dated
8/2012"), regarding construction on the rain gardens,
(2)show the area of no disturbance that is noted on Sheet L100—"Site Layout Plan,"
dated January 3, 2013 and revised February 12, 2013, and
(3) add the statement that"there shall be absolutely no disturbance including grading,
storage of materials,vehicle parking, etc. in the designated no disturbance area," and
c. Submission for signing by the Chairman of the Planning Board of an original
copy of the final subdivision plat, and three dark-lined prints, revised per
condition"b" above,prior to filing with the Tompkins County Clerk's Office, and
submission of a receipt of filing to the Town of Ithaca Planning Department, and
d. Submission of an easement and maintenance agreement for the shared driveway
between Lots 2A and 213, for review and approval by the Attorney for the Town,
and submission to the Town Planning Department of the filing receipt from the
Tompkins County Clerk's Office for the filing of the approved agreement,prior to
the application for any building permits, and
e. Submission of an easement and maintenance agreement for the existing rain
garden located between newly created Lot 2B and original Lot 4, for review and
approval by the Attorney for the Town, and submission to the Town Planning
Department of the filing receipt from the Tompkins County Clerk's Office for the
filing of the approved agreement,prior to the application for any building permits,
and
ZBA 3-18-2013 pg. 3
L Approval of a final stormwater management plan and associated calculations by
the Town Public Works Department, prior to the application for any building
permits, and
g. To protect the restored woods, embankment, and stream located on the site,
construction fencing shall be installed prior to construction on any of the lots and
shall remain until a certificate of occupancy is issued for the last unit constructed.
Said fencing shall delineate the boundaries of the "allowable limits of
disturbance" that is noted on Sheet L100—"Site Layout Plan," dated January 3,
2013 and revised February 12, 2013, as carried over from former sheet CO3, titled
"Lots 1-4 Plan" of the "2007 Update Wiedmaier Court Subdivision,"date-
stamped April 9, 2010, and
h. Incorporation in all deeds of future homeowners of a statement that pesticide and
herbicide use on their properties should be limited, as the entire area drains into
the Six Mile Creek Watershed and City of Ithaca water supply, and
i. Imposition of deed restrictions, subject to the approval of the Attorney for the
Town, that prohibits the construction or erection of any structures on the new rain
garden on Lot 2B and on the swale of Lot 2A, both as shown on the Site Layout
Plan, Sheet L100, prior to the application for any building permits.
3. that the side yard setbacks on each lot be no less than 9.75 feet and that the width of lot
2B be no less than 75 feet
with the following:
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 that the applicant wishes to achieve,which is that of subdividing this lot
and building one 2-family home on each lot, cannot be achieved by any other means
feasible given the large area of the lot that has been designated as an area of no
disturbance by the Planning Board and a relatively small portion of the lot remains as
buildable area for the two structures and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that the nearby homes in this little subdivision are similar 2-family
homes of similar size and
3. That the request is not substantial, given that the side yard setback is being reduced from
15 feet to 10 feet and then only for a relatively small area and that the main portion of
each house does meet the required 15 foot setback and
4. That the variance of required width for lot 2B is substantial, being a reduction of almost
25% of the required width,but nevertheless the benefit to the applicant does outweigh
any detriment to health, safety and welfare of the community, and
ZBA 3-18-2013 pg. 4
-ti
F 5. That the request will not have any adverse physical or environmental effects because of
all of the restrictions set by the Planning Board regarding areas of no disturbance and
other setback requirements, and
6. That while the alleged difficulty is self-created that again, the benefit to the applicant
does outweigh any detriment to the health safety and welfare of the community.
Vote: Ayes - Sigel, Krantz, DeRosa and King Nays—Rosen Motion passed
Appeal of Jan Gorovitz and Christine Henseler, owners requesting a variance from the
requirements of Chapter 270-204 "Non-conforming uses of land" of the Town of Ithaca
Code, to be permitted to build a 600 + sq. ft. second story addition to enlarge a legally
existing, non-conforming structure, located at 841 Taughannock Blvd,Tax Parcel No.25.-
2-33, Lakefront Residential Zone.
Ernie Bayles and the Applicants were available for questions from the Board.
Mr. Bayles explained that the way he understands it, anything that is done to this property
requires a variance because it is a non-conforming property due to the two houses on the lot. Ms.
Henseler added that they have had these plans essentially reviewed by the ZBA before when they
did the addition on one half of the primary residence and now they have enough saved to do the
second half.
The Board asked if there would be any increase in the existing line of sight or the footprint and
Mr. Bayles responded the sight line is the same and the square footage only increases by
approximately 2 feet out along the length of the side of the house. Mr. Bates asked about the
square footage because they have gotten mixed responses over the last few weeks. Discussion
followed and it was determined that the current plans extend the deck the length of the addition
which brings you to 700 square feet with the porch. The drawings that Mr. Bayles used at the
meeting were stamped in by the Town Clerk and become the plans referred to in the ruling.
The Board did not see any issues with the variance and Ms. Henseler added that they had emails
from the neighbors on either side in favor of the project. Mr. Sigel read the pertinent parts of the
email aloud: southern neighbor"...we have no problems with it and we know you will do a
great job with it and we certainly have no complaints with the variances..." northern neighbor—
"your building project sounds great..." and returned them because they had personal messages
on them also. The Board agreed that both neighbors were in favor. Ms. Henseler also noted that
they rent the other residence out and they are giving the renters a discount during construction.
The Board reviewed SEQR and Ms. Brock made changes to Part I#8—answer is no and
described the conflict by stating expansion of non-conforming use and#10—check other and put
Cayuga Lake
ZBA 3-18-2013 pg. 5
r
ZB Resolution No.2013—09: SEOR Use Variance,Jan Gorovitz and Christine Henseler,
841 Taughannock Blvd,Tax Parcel No. 25.-2-33, Lakefront Residential Zone —
MOTION made by Kirk Sigel, seconded by Bill King
RESOLVED that this Board makes a negative determination of environmental significance
based on the information in the Part I form and further for the reasons stated in the Part II
environmental assessment form.
A vote on the motion resulted as follows:
AYES: Sigel, Krantz, DeRosa, King and Rosen
NAYS: None.
Motion was carried unanimously.
Mr. Sigel opened the public hearing at 7:38 p.m. There was no one wishing to address the Board
on this appeal and the public hearing was closed.
ZBA Resolution No.2013-010 Use Variance,Jan Gorovitz and Christine Henseler, 841
Taughannock Blvd, Tax Parcel No. 25.-2-33, Lakefront Residential Zone
Motion made by Kirk Sigel, seconded by Ron Krantz
Resolved that this Board grants the appeal of Jan Gorovitz and Christine Henseler, requesting a
variance from the requirements of Chapter 270-204 "Non-conforming uses of land" of the Town
of Ithaca Code, to be permitted to build a 600 + sq. ft. second story addition to enlarge a legally
existing, non-conforming structure, located at 841 Taughannock Blvd, Tax Parcel No. 25.-2-33,
Lakefront Residential Zone
with the following:
Conditions
1. That the addition be built substantially as indicated on the plans submitted by the
applicant at tonight's meeting and date stamped by the Town Clerk 3/18/2013
with the following:
Findings
That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of
the community, specifically:
ZBA 3-18-2013 pg. 6
1. That the benefit that the applicant wishes to achieve cannot be achieved by any other
means feasible given that this is a non-conforming use of the lot and expansion of the
structures cannot be done without a variance and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that nobody's view of the lake will be impeded, and in fact, the addition
is hardly visible from the road and
3. That the request is not substantial, given that it complies in all respects with the zoning
requirements except for the requirement that legally non-conforming uses not be
expanded and
4. That the request will not have any adverse physical or environmental effects for the
reasons stated in the environmental assessment form and
5. That while the alleged difficulty is self-created, by the applicants' desire to build the
addition, that again, the benefit to the applicant does outweigh any detriment to the health
safety and welfare of the community.
Vote: Ayes - Sigel, DeRosa, Krantz, King and Rosen. Nays—None
Motion passed.
Appeal of Mathew Clark and Virginia Augusta, owners, requesting to amend a previous
variance ZBA Resolution No. 2012-039 to allow a rear yard setback of less than 14.5 ft.,
located at 936A and 938 East Shore Drive,Tax Parcel No. 18.-5-7 and 18.-5-8, Lakefront
Residential Zone (LR).
Ms. Augusta explained that they received a variance last year and during the process of
consolidating the lots and the associated survey, a new high-water mark has been identified
which throws off the setback variance they had received. She felt that the highwater mark was
caused by the failing wall which will be corrected when they can get going with this project.
They would like the Condition#5 on the existing variance to be changed to allow for this new
highwater mark.
Ms. Augusta also asked about the life of the variance because so much time has been spent on
the variance last time and now this one they may have missed the window of opportunity to start
this season and she was concerned that the variance would not be valid by the time they get to
start. Discussion followed and it was determined that the variance is active for 18 months and
work must begin within that 18 month. Mr. Bates stated that beginning demolition of the
existing buildings would constitute work beginning and the clock would start with this variance
amendment. Mr. Sigel added that as long as you start something, the variance continues, the key
is to begin work within the 18 months.
Mr. Sigel opened the public hearing at 7:55 pm. There was no one wishing to address the board
on this appeal and the public hearing was closed.
ZBA 3-18-2013 pg. 7
ZBA Resolution No. 201.3—011: Amend ZBA Resolution No. 2012-039,Area Variance
Clark and Augusta, 936A and 938 East Shore Drive, TP's 18.-5-7 and 18.-5-8
Motion made by Kirk Sigel, seconded by Ron Krantz
Resolved that this Board grants the appeal of Mathew Clark and Virginia Augusta, owners,
requesting to amend a previous variance, ZBA Resolution No. 2012-039 to allow a rear yard
setback of less than 14.5 ft., located at 936A and 938 East Shore Drive, Tax Parcel No. 1.8.-5-7
and 18.-5-8, Lakefront Residential Zone (LR) and that this Board does amend the resolution,
changing Condition 5's requirement from 14.5 feet to 7 feet and maintaining all of the findings
and other conditions as is.
Vote: Ayes - Sigel, DeRosa, Krantz, King and Rosen. Nays—None
Motion passed.
Meeting adjourned at 7:58 p.m.
Submitted
I i' A 10�11
Paulette Terwilliger, Town Clerk
Approved by:
Kirk igel, Chair
ZBA 3-18-2013 pg. 8
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, March 18, 2013
7:00 P.M.
Date of Publication: Monday, March 11, 2013
Location of Sign Board Used for Posting: Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: Friday, March 8, 2013
Lori K 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 8th day of March 2013.
Notary Public
Debrel Dr
Notary Public..... �iC'w York
P10C)l
6ounty
my commission ExpirEls June 19,20
TH,E ITRACA J AL
TSN OF ETI40
NOTMr-6 Pf,,bl»is
r��atarl�«�s
Monday
March 18,2013
215 North Tioga
Street,Ithaca
7:00 P.M.
Continuation of the ad
lournedrappeal of Pebtllose
Properties, LLC, owner;
Noah Demarest,agent ro
questing a variance from
the requirements of Chap
ter 270-71 C'Side yard set-
hack for Lot A,and Chap.
ter 270.71 A & C "Front
yard and side yard setback'"
for Lot"B of the Town of
Mirada Code to be permit-
ted to construct 1:struotuie
ori each Lot A and B that'
have insufficient lot siae
and yard requia'ements,
pending(subdivision apple
val, located at 103
Wiedmaier Ct current'rax
Parcel No.56,-4-1.24`;Me, s
diurn Density Residential.
Appeal of Jan Gorovit✓and
Christine Wenseler,owners
requesting a variance from
the requirements of Chap,
ter 270-204 'Non.
conforming uses of laird"of
the Town of IN aro Cade,
to be permitted to build a
600r sq,.it, serond story
addition to enlarge ,.a legally
existing non.confiorminU
structure, located at 841
Taughannook Blvd,TaxPar.;
cel No:25.-2.33,Lakeftzrnt for individuals yith;special
Residential7one. needs,uplo request. Re
Appeal"cif"Mathew ClafIt, 7u t of omuleirat
and Virginia Auguste,q�yn s thao 9 �flT l
urs,requesting to amq'n(d ca lx
previous variance
Resolution No 2012.009" fy��
to allow a rear yard sed(og
of less than 14 5 fi, d
ed at 936A'and 938st 19i/ i1
Shore Drive, Tax Parcel 8/11%2 k1
No, 18,-5.7; 7"JS',A 8'
Lakefront Reafderigal' qne
Ssatanra"'11 be provided
AFFIDAVIT OF SERVICE BY MAIL
—6TATE 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 6th day of March 2013,deponent served the within Notice upon the property owners of the following
Tax Parcel Numbers:
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
Ames&Sally Pritt Robert Rightmyer Terry Singleton
1632 Slaterville RD 1691 Slaterville Rd 648 Amsterdam Ave Apt 2B
Ithaca,NY 14850 Ithaca,NY 14850 New York,NY 10025
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
841 Taughannock Blvd,Area Variance
Betty Jane Berggren David Bowlsby Larry Brown
119 Williams Glen Rd Ann Bowlsby Beth Ann Stillings
Ithaca,NY 14850 2080 Elmira Rd 31 Larchmont Ave
Newfield,NY 14867 Horseheads,NY 14845
Joe Francis Jan Gorovitz Mark Hartsuyker
atricia Francis Christine Henseler Karen Kind Hartsuyker
65 Taughannock Blvd 841 Taughannock Blvd 819 Taughannock Blvd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
affidavit of Service by Mail Zoning Board of Appeals Meeting 3/18/13
Charles Henderson Holochuck Homes LLC Elaina McCartney
KB Bassette 7 Brightside Ave John Carr
839 Taughannock Blvd East Northport,NY 11731 845 Taughannock Blvd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
Marion Mumford-Zisk NYS Electric &Gas Company Dana Scott Potenza
853 Taughannock Blvd 70 Farm View Dr Freeport 831 Taughannock Blvd
Ithaca,NY 14850 New Gloucester,ME 04260 Ithaca,NY 14850
Allan G Snyder Jr Benjamin Weiner West Shore Apartments
Sheila Snyder 304 Water St 107 Worth St
857 Taughannock Blvd Brooklyn,NY 11201 Ithaca,NY 14850
Ithaca,NY 14850
936A and 938 East Shore Dr,Area Variance
Om and Sunanda Gupta Robert and Jill Hamer Thomas Hilton
37 Beckett Way 329 Vestal Rd 940A East Shore Dr
/ thaca,NY 14850 Vestal,NY 13850 Ithaca,NY 14850
Timothy and Linda Hinkin Jacqueline Kippola John and Ann Lango
305 Sanctuary Dr 920 East Shore Dr 926 East Shore Dr
Key Largo,FL 33037 Ithaca,NY 14850 Ithaca,NY 14850
Thomas Miller Pennsylvania Lines LLC Wylie Schwartz
PO Box 5041 110 Franklin Rd SE 923 East Shore Dr
Cortland,NY 13045 Roanoke,VA 24042-0028 Ithaca,NY 14850
John Sepos Frank and Sari Signorelli Michael and Leigh Slattery
940B East Shore Dr 104 Manderson Rd 632 Sunset Dr
Ithaca,NY 14850 Syracuse,NY 13224 Endwell,NY 13760
Richard Southworth George Spisak Shirley Valenza
603 Hudson St 929 East Shore Dr 5 Neptune Dr,Apt 110
Ithaca,NY 14850 Ithaca,NY 14850 Dryden,NY 13053
Village of Cayuga Heights Donald Weir Mary Louise Zaharis
836 Hanshaw Rd 18955 Masons Dr 919 East Shore Dr
Ithaca,NY 14850 Lutz,FL 33558 Ithaca,NY 14850
2
-,° "Affidavit of Service by Mail Zoning Board of Appeals Meeting 3/18/13
By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the
United S tes Post Office Department within the State of New York.
F , M.
( 1
d
',ori Kofoid, Deputy Town Cl rk
Town of Ithaca
Sworn to before me this 6`t' day of March 2013.
atary Public --
Debra CeA Agustin
!Votary Public-State of New York �
No.01 DE6148035
Cluaiified in Tompkins County
My Commission Expires June 19,26
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