HomeMy WebLinkAboutZBA Minutes 2014-07-21 TOWN OF ITHACA ZONING BOARD OF APPEALS
Monday July 21, 2014
Present: Rob Rosen, Chair, Bill King, Christine Decker, George Vignaux and Chris Jung
Absent: John DeRosa and Kirk Sigel
Staff Present: Bruce Bates, Director Code Enforcement, Susan Brock, Attorney for the Town,
Paulette Terwilliger, Town Clerk
Meeting was called to order at 7:09 pm
Appeal of Coddington Road Community Center, Inc., owner, requesting a variance from the
requirements of Chapter 225-3 "Sprinkler Systems" of the Town of Ithaca Code, in order to
place two modular buildings without the required sprinkler system, located at 920 Coddington
Rd, Tax Parcel No. 47.-1-11.3, Low Density Residential (LDR).
Heather Mount, Executive Director and Elise Switzer, President, Board of Directors and
Rusty Sumner, AVALON Homes representative were present for questions from the Board.
Ms. Mount noted that it is one building with two classrooms, not two buildings. Ms. Brock
stated that the error in the notice was not significant enough to need to reschedule. There was
some question on whether the property was in Low Density or Medium Density Residential
and it was verified that it is low-density.
Mr. Rosen started by saying that he understands the need for the capacity and that modular
buildings do not come with sprinkler systems. He went on to say that he generally supports
the appeal but asked why the submission stated that no napping would happen. Ms. Mount
responded that she wanted to make it clear that it is not a residential use and they would not
have infants in there sleeping and reliant on an adult to move in an emergency. This would be
short-term for an after school program of K thru 5th grades and possibly a half day pre-school
program from 7:30 a.m. to noon or so.
Ms. Jung asked what the buildings are made of and the representatives and Mr. Bates
responded that it is similar to a manufactured home, metal outside and wood or paneling
inside. It comes in 4 sections.
Mr. Rosen asked about the setback requirements and an indication on the submitted drawings
that the building needs to be 60 feet from another non-rated building. Mr. Bates noted that
this is an accessory building and reviewed the setback requirements and Ms. Sumner
explained that these are drawings from the company that were made for a High School in
Pennsylvania and that could be their requirement or the State of Pennsylvania. Mr. Bates
explained that the setbacks are legal and the buildings will need to meet all NYS Building
Codes,NYS Fire Code and the Town Code in all aspect so all of that will be reviewed,
inspected and approved prior to occupancy. He noted that for example, the snow load on the
plans don't meet NYS requirements and will have to be increased or upgraded to meet NYS
code.
Ms. Decker asked about the number of smoke detectors that will be present and Mr. Bates
again noted that the buildings will have to meet all the codes and a fire safety inspection will
be done.
Mr. Bates noted that it is the Town Code that requires the sprinkler, not the State Code.
Mr. Rosen opened the public hearing at 7:35 p.m.; there was no one present and the hearing
was closed.
In drafting the resolution, the Board discussed wanting the smoke detectors to be wired into a
call center like the ones in the main building. The representatives were not sure that could be
done, but Mr. Rosen and Mr. King both thought, given their professions as engineers, that it
could be done.
The Board also discussed wanting a time limit on the life of the variance and occupancy limits
were discussed, but the representatives noted that again, State law would have to be followed
and there are also even stricter requirements enforced by the Department of Children and
Services so they would not come near the amount allowed by square footage. The Board was
fine with those comments and assurances.
The Board also discussed and the representatives noted that the daycare center is not for profit
and will be fundraising for the addition to supply a much needed service to the community at
reasonable costs. This is important in the criteria for the variance since if they were required
to install the sprinklers at a cost of at least$20K, they would have to fundraise for that before
they ever started on the addition itself.
Ms. Brock noted that this is a Type 2 action and no SEQR is required.
ZBA Resolution No. 2014—019, Sprinkler Variance
CoddingOn Road Community Center, Inc.
920 Coddington Rd, TP 47.4-11.3,LDR
July 21, 2014
Motion made by Rob Rosen, Seconded by George Vignaux
Resolved that this Board grants the appeal of Coddington Road Community Center, Inc.,
owner, requesting a variance from the requirements of Chapter 225-3 "Sprinkler Systems" of
the Town of Ithaca Code, in order to place two modular buildings without the required
sprinkler system with the following:
Findings
That this need for a variance is based solely on the Town of Ithaca sprinkler law and the only
criteria that applies is in the Town Code and those criteria have been met as indicated on the
applicants submission materials quoted here:
ZBA July 21, 2014 pg 2
A. Will the strict application of the Sprinkler Chapter of the Town Code create a practical
difficulty or unnecessary hardship? Yes
The request is for a temporary structure that we intend to use for no more than 3 years, it does
not come fitted with a sprinkler system. The expense of installation in a temporary structure
would far exceed the net revenue we expect to receive. The structure has exits on both sides
of the building and was designed as an educational building. The assessed value of the
structure is $212,468.00 and four heat/AC units (electrical) are attached to the exterior of the
building.
B. Will the omission of an approved sprinkler system from all or part of the building
significantly jeopardize human life? No
The building has two easily accessible exits. The primary use of the building will be during
daytime hours,by school age children. The maximum occupancy is 112, we will have a
maximum of 40 children and 6 adults per our group size requirements. There will not be any
groups napping/sleeping in the building.
with the following
Conditions
1. That the variance will expire 3 years from the date of the issuance of a Certificate
of Occupancy from the Town Building Department and
2. That the smoke/fire alarm system meet NYS Fire and Building Codes and if the
Code does not require it, that the system be hooked into a fully monitored system.
Vote: Ayes—Rosen, King, Decker, Vignaux, and Jung
Motion passed unanimously.
Other Business
Mr. Vignaux moved that the minutes of June 16, 2014 be approved as presented, Ms. Decker
seconded. Unanimous with Mr. King abstaining.
The next meeting's agenda was reviewed and the meeting was adjourned at 8:03 p.m.
Submitted by
Paulette Terwilliger, Town Clerk
ZBA July 21, 2014 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
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Date of Posting: Wednesday July 9, 2014
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Date of Publication: Friday July 11, 2014 .
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Lori Kof 'd
Deputy Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn nd subscribed before me this day of
— 4 , 2014
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No .Public
Debre DeAugistine
Notary Public-State of t`Jew York
No.01 DE61 X18035
Qualified in Tompkins County
My Comrnission Expires June 10,20_�
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 I I th day of July,2014,deponent served the within Notice upon the property owners of the following Tax Parcel Numbers:
920 Coddington Rd.,Tax Parcels 47.4-11.3,Sprinkler Variance
Thomas&Constance Bruce Randy Cary Noel and Janet Desch
878 Highland Rd 921 Coddington Rd 132 Updike Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
William Desch Thomas H.Farrell H Thomas&Penelope Gerhart
PO Box 5033 925 Coddington Rd 602 Spencer Rd
Hanover,NH 03755 Ithaca,NY 14850 Ithaca,NY 14850
Jeffrey&Tracy Hall Thomas&Elizabeth Hartman Lawrence Hellwitz&
926 Coddington Rd 929 Coddington Rd Rene Black-Hellwitz
Ithaca,NY 14850 Ithaca,NY 14850 904 Coddington Rd
Ithaca,NY 14850
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irlando lacovelli&Ralph lacovelli William&Jennifer McCartney Robert&Elayne Nicholas
347 Coddington Rd 922 Coddington Rd 107 Updike Rd
Ithaca,NY 14850 Ithaca,NY 14850 Spencer,NY 14883
Timothy Peer&Mary Lou Frisk Marilyn Rivchin Gregory Shaw&Susannah Fine
924 Coddington Rd 950 Coddington Rd 102 Updike Rd
Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850
M Gale Livingston Smith Matthew Valaik&Michele Exposite Anthony Villareale
930 Coddington Rd 873 Coddington Rd 29 Shinnecock Rd
Ithaca,NY 14850 Ithaca,NY 14850 Hampton Bays,NY 11.946
Coddington Road Community Center
Heather Mount,Executive Director
920 Coddington Rd
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 Townrk
Town of Ithaca kc�
10^11'
Sworn to before irie this I 11h Day of July 2014
Nota Public
Debra DeAu tine,
Notary Public-State 0111t��
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No.o1 DE614803-,
Qualified in Tompkir. �--�()unl,
MY Commission Expire,.,,, JUM-.