Loading...
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 O NOTICE OF PUBLIC HEARINGS PAPPE, F hffTaF pF Pr irrc9A�lallrl">�Q'1+9 �'1�7jrtky"6rra "�"1[ t4, �Wpal�t'�aakiuCrrgk4ii�raxkrl M r�aakanrbdky- �"RP1dti„ Gni.,z Owne rpoj-tmfl,a u�semn oe I from, thk,a CkPtur�h�yt�, of Location of Sign Board Used for Posting: Q ptor ma ro tllrO ?YPk+��P'"wf kite Tn�wrr n�6�lserow Town Clerk's Office askd tf, dP 'x��tkf�tiff kii�"rit��tf�Jlgrk, 215 North Tioga Street + � , �� r w,f �� Z�dd�rr�kstn Ithaca, NY 14850 , µ Date of Posting: Wednesday July 9, 2014 ipso kr1�. Date of Publication: Friday July 11, 2014 . k i raaQti914 1L. °. 607-z I1'P t V t"�Piar� Iup�3; 314 '� 6�r 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 m 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 oopkl 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�� ork No.o1 DE614803-, Qualified in Tompkir. �--�()unl, MY Commission Expire,.,,, JUM-.