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HomeMy WebLinkAboutZBA Minutes 2014-03-17 TOWN OF ITHACA ZONING BOARD OF APPEALS Monday March 17, 2014 Present: Rob Rosen, Vice Chair; Members Kirk Sigel, Bill King, John DeRosa, Christine Decker; Alternates Chris Jung and George Vignaux Staff Present: Bruce Bates, Director Code Enforcement, Susan Brock, Attorney for the Town, Paulette Terwilliger, Town Clerk Meeting was called to order at 7:03 pm Appeal of Belle Sherman Cottages, LLC, owner, and Dan Gualtieri, applicant, requesting variance from the requirements of Chapter 224-4 A(1) "Prohibited Signs" and Chapter 224-4 A(2) "Off Premises Signs" to install a temporary freestanding one sided 23.5 +/- square foot in area and 6 feet tall, located at 102 Walnut St, Tax Parcel No. 53.-3-9, Planned Development Zone No. 13. Mr. Gualtieri summarized their appeal saying that the one larger sign will be neater and more attractive than the current two signs and they would take those down and put up the one. They are requesting the larger size so it can be read safely from the road and it is clearer that there are lots and units for sale. Mr. Rosen noted that the variance is needed because signs are not allowed on a construction site. Mr. Sigel asked if all the smaller signs would also be taken down and Mr. Gualtieri responded no, the smaller signs in front of individual houses would stay. Mr. Sigel asked why this was considered "off-premises" and Mr. Bates responded that all the lots have been subdivided already and assigned their own tax parcel numbers and the sign is for multiple houses/sites and proposed on one lot so it would be off-premises for those other sites. Mr. Sigel then asked why a variance is not required for the size and Mr. Bates responded that since a sign is not allowed at all,by granting a variance for the sign itself the size variance is essentially incorporated into that variance. Ms. Brock explained that a smaller temporary sign not exceeding six square feet and advertising the sale of land on which it is located would be allowed and would be exempt from the requirement to get a permit. Since the proposed sign is larger than that and it advertises the sale of lots in addition to the lot where it is located, it cannot fall under the list of exempt signs and is a regulated sign that needs a permit. This type of sign is not allowed in the regulated signs section, so the variances are needed to allow the sign and its off-premises location. Discussion followed on the effect of the sign and its size. The Board felt that it was a tasteful sign and the size was appropriate given the size of the construction site for the development and the fact that the proposed placement is in the middle of the construction site so it doesn't affect neighbors and it will also clean up the appearance of the site by removing the other signs. There was some discussion on what would or could be allowed and it was determined that the variance request under review was appropriate given that the site has been subdivided and this 1 is a planned development zone. Ms. Brock stated that she was surprised that this type of sign was not specifically addressed in the Code and that again, the current request is applicable. Mr. Rosen added that with the site constantly changing and given the size of the site, the sign that is being requested is appropriate. Mr. Rosen opened the public hearing at 7:14 p.m.; there was no one wishing to address the Board and the hearing was closed. ZBA Resolution No. 2014- 004: SEOR—Area Variance Belle Sherman Cottages 102 Walnut Street, TP 51-3-9 March 17,2014 MOTION made by Rob Rosen, seconded by John DeRosa RESOLVED that this Board makes a negative determination of environmental significance based on the information in the Parts 1 and 2 and for the reasons stated in Part 3 of the environmental assessment form. VOTE: Ayes—Sigel, DeRosa, King, Jung and Rosen Nays—None Motion was carried unanimously. The Board again commented that the proposed sign seems to be an improvement over what is in place now and that unlike other developments, this is very large, consisting of 29 lots in constant flux and stages of development and is therefore unique or different from other developments that may come seeking permission for a large sign. This sign suits the size and character of the development. The Board wanted to make it clear that the size of the site and the fact that the neighborhood is the development site, in effect, both mitigate the impacts and their determination is granting this request. A smaller site with a smaller number of units would not necessarily be allowed to put up such a large sign; this sign is the right size in relation to the size of the development. ZBA Resolution No. 2014- 005: Area Variance Belle Sherman Cottages 102 Walnut Street, TP 53.-3-9 March 17,2014 Motion made by Rob Rosen, seconded by Chris Jung That this Board grants the appeal of Belle Sherman Cottages, LLC requesting a variance from the requirements of Chapter 221-4 A(1) "Prohibited Signs" and Chapter 221-4 A(2) "Off Premises Signs"to install a temporary, freestanding one-sided sign 23.5+/- square foot in area and 6 feet tall, located at 102 Walnut Street, Tax Parcel 51-3-9, Planned Development Zone No. 13 with the following: Conditions 1. That the sign shall be removed within two years of the date of this Board's approval or within 15 days after the sale of the last lot, whichever is sooner, and 2. That the applicant obtain a sign permit prior to installing the sign, and 3. That the two signs that are currently located at 102 Walnut Street be removed prior to the new sign being installed, and 4. That the back of the sign be painted the same color blue as is shown on the front as submitted to this Board. With the following Findings 1. That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically that the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given that although the benefit of a sign can be achieved by a smaller sign, the benefit of visibility from the road cannot be achieved except with a sign of this size; and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that this is a positive change in appearance in the short term being that it is a more attractive sign than what is currently there, the sign is in the middle of the project and not near a neighbor, and there is a time limit to the duration of the sign; and 3. That the request is substantial given that it is a huge increase in size of a permitted sign and they are requesting permission to put up a sign that is prohibited, but the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community given the reasons above; and 4. The request will not have adverse physical or environmental effects (in fact, it has a positive impact because it makes the construction site aesthetically more appealing by giving an attractive sign that informs the public about what is going on), for the reasons stated in the SEQR form, and because the neighborhood is undergoing a significant amount of construction with 29 lots being built upon, so in this particular case, the impact of a sign with these dimensions, is mitigated by, among other things, the size of the project and the location of the sign being in the middle of the project, and 5. That while the alleged difficulty is self-created in that the sign is not allowed and by its nature is optional, the Town's Sign Law does not address situations such as this type of large multi-site development so the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. Vote: Ayes—Rosen, Jung, Sigel, DeRosa and King Nays: none Motion passed unanimously. 3 Other Business Mr. Bates noted that Mr. Sigel has stepped down as Chair and Mr. Rosen has been acting as Chair in his capacity of Vice Chair. The Board needs to recommend a Chair to the Town Board. The Board asked Mr. Rosen if he was interested in being Chair and he responded that he would. ZBA Resolution No. 2014-006: Recommendation of Chair March 17,2014 Whereas Kirk Sigel has stepped down as Chair of the Zoning Board of Appeals, and Whereas the Zoning Board of Appeals discussed the replacement of Chair at their meeting on March 17, 2014, now therefore be it Resolved that the Zoning Board of Appeals recommends that the Town Board appoint Rob Rosen to the position of Chair through December 31, 2014. Moved: Kirk Sigel Seconded by Bill King Vote: Ayes —DeRosa, King, Jung, Sigel and Vignaux Abstention: Rosen Motion passed unanimously. Mr. Bates noted that there is only one appeal for the next meeting; EcoVillage Tree Solar Array Meeting was adjourned at 7:35 p.m. Submitte , Pa ette Terwilliger, Town Clerk 4 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: ADVERTISEMENT OTICE OF PUBLIC HEARINGS A (zC-bi Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: March 5, 2014 Date of Publication: March 7, 2014 4 c^t v Lori Kof id Deputy Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this day of 2014 Notary Public PAULETTE TERWILLIGER Notary Public,State of New York No.01TE61568og Qualified in Tompkins County ,J Commission Expires December 4,2() ,J 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 5th day of March 2014,deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 102 Walnut St.,Tax Parcel 53.-3-9,Sign Variance Helen Ballantye Cortland Bassett&Regina Lennox Fernando Botelho 241 Hunt Hill Rd 105 Clover Ln 817 Mitchell St Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Anne Carson Cornell University Louise Furnas 811 Mitchell St Real Estate Department 113 Clover Ln Ithaca,NY 14850 PO Box DH, 15 Thornwood Dr Ithaca,NY 14850 Ithaca,NY 14853-2801 Richard Furnas Robert Grommes&Rebecca Hennessy Larry&Sara Jane Hymes I I I Clover Ln 113 Walnut St 120 Vine St Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Carol Kalafatic Jonathan Kaplan&Stephanie Martin Richard&Donna Kuhar Y)1 '1,1,,5 Mitchell St 806 Mitchell St 108 Clover Ln .aaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 David&Kathleen Orr Charles&Hollie Pettit Calille Robcis&Yael Kropshy 124 Vine St 3677 Bates Rd 804 Mitchell St Ithaca,NY 14850 Medina,NY 14103 Ithaca,NY 14850 Paul Rubin Edward Sampson&Nicole Margirier Warren Schlesinger PO Box 313 805 Mitchell St 42 V2Esty St Ithaca,NY 14851 Ithaca,NY 14850 Ithaca,NY 14850 David&Pamela Shapiro Belle Sherman Cottages,LLC Dan Gaultieri 807 Mitchell St Attn:Toby Millman 809 E.State St,Apt.610 Ithaca,NY 14850 6 West Lake St Ithaca,NY 14850 Skaneateles,NY 13152 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 ,Depart t within the State of New York. onkofoi ,Deputy"Townp rk - Town of Ithaca Sworn to before me this 5`h Day of March 2014. �Cfjk%' )tary Pubfl'Z—" Debra DeAugistin—e—' Notary PL111110-State of New York No.0IDE6148035 Qualified in Tompkins Coun My Commission Expires Juj