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HomeMy WebLinkAboutZBA Minutes 1985-02-27 } TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 27 , 1985 The Town of Ithaca Zoning Board of Appeals met in- regular session on Wednesday , February 27 , 1985 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Vice Chairman Edward N . Austen , Edward W . King , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Stewart D . Knowlton , Susan Hamilton , Ray Delli - Carpini , Attorney Laura H . Holmberg , Roger M . Battistella , James Iacovelli , Douglas Hoffman , Richard J . Correnti , Jonathan C . Meigs , Kate Whidden ( WTKO News ) , Jim Forman ( WHCU News ) . Vice Chairman Austen declared the meeting duly opened at 7 : 10 and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings ( 7 ) in Town Hall and the Ithaca Journal on February 19 , 1985 and February 22 , 1985 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties in question , as appropriate , upon the Tompkins County Commissioner of Planning , and upon each of the Appellants and / or Agent , as party to the action , on February 20 , 1985 . ADJOURNED APPEAL ( FROM JANUARY 23 1985 ) OF Ro D - ELLI CARPINI , J . FAIRCHILD , AND J . SAROKA , APPELLANTS , IN RE THE CONVERSION OF AN EXISTING GARAGE ON A DEVELOPED LOT IN A RESIDENCE DISTRICT R15 TO A PLACE OF WORSHIP ( PUBLIC PLACE OF ASSEMBLY ) AT 203 PINE TREE ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 57 - 1 - 1 . Vice Chairman Austen declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 11 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Delli - Carpini was present . For the record , it was noted by the Board that the members had before them a copy of the Minutes of the February 19 , 1985 Meeting of the Town of Ithaca Planning Board where the following Resolutions were duly adopted : ( 1 ) " RESOLVED , that the Planning Board approve and hereby does approve the site plan for the Ithaca Christian Fellowship as presented . " ; ( 2 ) " RESOLVED , that the Planning Board recommend and hereby does recommend that the Zoning Board of Appeals grant Special Approval for a place of worship at 203 Pine Tree Road with the condition that the membership remain less than forty persons . " It was further noted that the members had a copy of the marked up survey map which had been reviewed by the Planning Board . Mr . Delli -Carpini stated that , as for the number of " 4011 , he and the Board had talked about a table and a wood stove in the garage area which is O19 ' x 19 ' and which equals 361 square feet , and from that you subtract 30 square feet for the wood stove , which is the only permanent fixture , and *ning Board of Appeals 2 February 27 , 1985 • then you divide by 7 square feet per person . Mr . Delli -Carpini stated that he had guessed at 40 , but in reality , it could be 47 . Mr . Cartee stated to the. Board that he thought he would like to reserve the numbers of people , adding that he would request that the Board not put any definite numbers inasmuch as we do not have an accurate drawing for the inside of this building which he [ Cartee ] will have at the time he [ Delli -Carpini ] applies for building permit , and , at that time , it will be evaluated pursuant to the New York State Uniform Fire Prevention and Building Construction Code . Referring to the " site plan " , Mr . King observed that the Board is talking about the building labelled as garage . Mr . King inquired if the Planning Board made any stipulation with respect to Snyder Hill Road . Mr . Delli -Carpini stated that they do not have access to Snyder Hill Road . Mr . King asked Mr . Delli -Carpini what his plans were for construction of the renovations . Mr . Delli - Carpini stated that they had no immediate plans for construction except for some sheet rock and maybe some carpet . Mr . Cartee stated that , if the Board approves this use which they are operating now , then the Code will require that they meet certain requirements whether they have funds or not , adding that the meeting place must be as close to Code as it can be . Mr . King wondered if Mr . Cartee were saying that the Board is considering the use for approval but it is not approving any particular construction plan . Mr . Car- tee concurred . Discussion followed with respect to the " loop " driveway shown on the survey • map and whether ingress and egress should be in one way and out another or both . Mr . Delli - Carpini stated that , generally , his parishioners come in one and out the other . Mr . King stated that he felt very uncomfortable without having anything from the Town Attorney and with having very little from the Planning Board . Mr . King stated to Mr . Delli -Carpini that if he were not anxious for an approval as to the use which is at present occuring , he would consider adjourning so that more information could be received . Mr . Delli -Carpini stated that he thought that after all the meetings that they had specified what the Planning Board wanted , adding that they thought after the Planning Board the matter came back to this Board for a decision tonight . Mr . King expressed his concern that the Planning Board had not spoken to -any of the proposed conditions which they had been asked to do . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the Adjourned Public Hearing in the matter of- the Delli - Carpini et al Appeal , be and hereby is further adjourned until March 20 , 1985 , at 7 : 00 p . m . There being no further discussion , the Vice Chair called for a vote . Aye - Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . 7`6ning Board of Appeals 3 February 27 , 1985 Vice Chairman Austen declared the matter of the Delli -Carpini et al • Appeal duly adjourned . APPEAL OF IDE ' S ENTERPRISES , INC . , APPELLANT , SCOTT HAMILTON , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ERECT A WALL SIGN OF 30 SQ . FT . AT 10 - 12 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 62 - 1 - 3 . 2 . PERMISSION IS DENIED UNDER SECTION 4 . 02 - 2 ( 1 ) OF THE TOWN OF ITHACA SIGN LAW , LOCAL LAW NO . 6 - 1980 . Vice Chairman Austen declared the Public Hearing in the above - noted matter duly opened at 7 : 40 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Cartee stated that Mr . Hamilton was unable to attend because he had to go out of Town unexpectedly , however , his wife is here . The Appeal Form , copies of which each Board member had before him/ her , as signed and submitted by Scott Hamilton under date of January 17 , 1985 , reads as follows : " . . . Having been denied permission to erect a sign ( 3 ' x 101 ) at 10 - 12 Judd Falls Road . . . We need this additional sign space to publicize our special events . We feel that we have designed an attractive sign which is a valuable addition to our exterior appearance . 9[We further understand that we are well within the square footage required . Your approval will be greatly appreciated . " Attached to the Appeal Form , and to the copies , were two colored photographs of the sign under discussion ; a copy of Sign Permit # 16 issued May 12 , 1976 , showing all the signs which have permits a copy of • the Sign Permit Application dated November 15 , 1984 , for the sign in question ; and a copy of the drawing describing the sign in detail as prepared by Rudy Christopher of Cayuga Signs . Mr . Cartee stated that there are three separate signs in place at Ide ' s for a total of 73 square feet and to that is to be added the requested sign for an additional 30 . 75 square feet . Mr . Cartee noted that the frontage on the building is over 150 feet and the Sign Law allows one square foot of signage per lineal front footage in Business " C " . Mr . Cartee pointed out that , here , we have three signs and a request for one more , adding that the sign is in place and has replaced a sign that was there for a restaurant and it uses the same frame . Mr . Cartee commented that this is a seasonal - type sign . Mr . Cartee noted that the Sign Review Board ( Planning Board ) had made a recommendation with respect to this sign request at their January 15 , 1985 meeting . The Secretary read the Planning Board recommendation , as follows : " MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board , in its capacity as Sign Review Board , recommend and hereby does recommend to the Town of Ithaca Zoning Board of Appeals a grant of approval for the addition of a 30 - square - foot sign , reading " IDES ' S Home of the $ 25 , 000 Easter Time Tournament Dick Ritger ' s Academy for Bowlers " , on the north end of the facade of Ide ' s , 10 - 12 Judd Falls Road . . . . Aye - May , Stanton , Schultz , Baker , Mazza , Klein , Grigorov ; Nay - None . . . . Carried unanimously . " Vice Chairman Austen asked if there were anyone present who wished to • speak for or against the matter of the Ide ' s sign request . No one spoke . Zi&ning Board of Appeals 4 February 27 , 1985 • MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve and hereby does approve the sign , reading " IDES ' S Home of the $ 25 , 000 Easter Time Tournament Dick Ritger ' s Academy for Bowlers " , as requested by Scott Hamilton and as presented to said Board of Appeals this date , February 27 , 1985 , and further RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve and hereby does approve of the issuance of a Sign Permit for such 30 - square - foot sign in place on the north end of the facade of Ide ' s , 10 - 12 Judd Falls Road . There being no further discussion , the Vice Chair called for a vote . Aye - Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Austen declared the Public Hearing in and the matter of the Ide ' s Appeal for signage duly closed . APPEAL OF CORNELL UNIVERSITY , APPELLANT , STEWART KNOWLTON , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ERECT A FREE - STANDING SIGN , TOMPKINS COUNTY TRUST CO . BANK BRANCH , of 21 . 2 SQ . FT . , • AT EAST HILL PLAZA . TOWN OF ITHACA TAX PARCEL NO . 6 - 62 - 2 - 1 . 2 . PERMISSION IS DENIED UNDER SECTION 4 . 02 - 2 TOWN OF ITHACA SIGN LAW , LOCAL LAW NO . 6 - 1980 . Vice Chairman Austen declared the Public Hearing in the above - noted matter duly opened at 7 : 50 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Knowlton was present . Each of the Board members had before him/ her the following documents as signed and submitted by Stewart D . Knowlton under date of February 11 , 1985 : ( 1 ) " . . . Having been denied permission to erect an identification sign that is sometimes found at Bank locations , which not only identifies but also shows both the time and temp . ( Sign specifications attached ) at Ellis Hollow Rd . entranceway into East Hill P1aza . . . The requested sign is required for normal identification of a ' banking unit ' and in this case because of the Time / Temperature ability of the signage , it offers the people of the community area and the persons driving down the streets a very definite service that presently is not available anywhere in this entire southeast quadrant area of the community . " ( 2 ) Application for Sign Permit , Mr . Knowlton displayed the Site Plan of the entire East Hill Plaza property , indicated the access road ; pointed out Pine Tree Road , Judd Falls Road , and Ellis Hollow Road ; and indicated the place where the new Bank is going to be built . Mr . Knowlton stated that the Plaza has one free - standing sign in place - - the "-East Hill Plaza " sign , adding that the • Bank wants to put up a Time and Temperature sign at its new branch . Mr . Knowlton displayed a large drawing of the proposed sign and the site plan for the Bank showing the , location for the new sign . Mr . Knowlton noted Zdning Board of Appeals 5 February 27 , 1985 . t ; • that the sign is within 350 ' of Ellis Hollow Road and about 350 ' from the Plaza buildings . Vice Chairman Austen asked if the proposed sign were a rotating sign . Mr . Knowlton stated that it was not . The Secretary read from the Minutes of the Planning Board Meeting of January 15 , 1985 , as follows : " . . . MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board , in its capacity as Sign Review Board , recommend and hereby does recommend to the Town of Ithaca Zoning Board of Appeals a grant of approval for the proposed freestanding Time and Temperature sign proposed by the Tompkins County Trust Company in conjunction with its proposed East Hill Plaza drive - in banking facility , said sign proposal having been presented to the Planning Board this date , January 15 , 1985 . . . . Aye - May , Stanton , Schultz , Baker , Mazza , Klein , Grigorov ; Nay - None . . . . Carried unanimously . " Mr . King asked how high the proposed sign is , with Mr . Knowlton responding , 20 feet . Mr . King wondered how that height compared with the " East Hill Plaza " sign already in place . Mr . Knowlton replied that he thought that sign was about 32 feet high , adding that this sign would be below the thirty - foot height line . Mr . Knowlton briefly described the activities of the bank and the drive - in area and pointed out that there is no other identification on the bank . Vice Chairman Austen asked if there were anyone present who wished to • speak for or against the requested Trust Company sign . No one spoke . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Section 4 . 02 - 2 of the Town of Ithaca Sign Law to permit the issuance of a Sign Permit for the proposed freestanding Time and Temperature sign proposed by the Tompkins County Trust Company in conjunction with its proposed East Hill Plaza drive - in banking facility , said sign proposal having been presented to the Zoning Board of Appeals this date , February 27 , 1985 , by Stewart D . Knowlton , Agent for Cornell University and the Tompkins County Trust Company . There being no further discussion , the Vice Chair called for a vote . Aye - Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Austen declared the Public Hearing in and the matter of the Tompkins County Trust Company sign request duly closed . APPEAL OF ROGER BATTISTELLA , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A PERMIT TO OPERATE A " FARM WINERY " IN AN EXISTING STRUCTURE , 35 ' IN HEIGHT , IN AN R- 15 RESIDENTIAL DISTRICT AT 1551 SLATERVILLE ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 56 - 2 - 1 . 1 . PERMIT IS Ztning Board of Appeals 6 February 27 , 1985 DENIED UNDER ARTICLE IV , SECTION 11 , AND ARTICLE IV SECTION 11 ( 10 ) , TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Austen declared the Public Hearing in the above - noted matter duly opened at 8 : 00 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Battistella was present , and so , too , was Mr . James Iacovelli , the contractor who had renovated the barn under discussion . Vice Chairman Austen read aloud from the Appeal Form as signed and submitted by Roger M . Battistella under date of February 12 , 1985 , as follows : " . . . Having been denied permission to establish a family - operated farm winery at 1551 Slaterville Road . . . An existing barn was extensively renovated and moved 12 ' from its original foundation to improve appearance and safety . Moving it again would be a hardship . Appeal is to establish a four -person family - operated winery in renovated structure 32 ' x 501 , ( 35 ' height ) with full utilities . Harvest to bottling - retail time approx . six months . Sales on a daily basis ( 11 am- 5pm ) May to Sept . ; and weekends Labor Day to Memorial Day . Initial vol . projected at 1 , 000 gals . , with production increasing at 1 , 000 gals . annually over next 5 - 10 years , depending on how things go . Expect 500 visitors or 250 automobiles annually per 1 , 000 gals . production . Offstreet parking provided for 12 vehicles . Additional space available if needed . Vineyard recycling of waste , grape skins - stems , to be spread among rows and cultivated as spread . " The Zoning Board of Appeals members each had received with his / her Agenda several documents with respect to the Battistella Appeal , including : 1 . The Appeal Form as noted by the Vice Chairman . 2 . Discussion Draft - - Farm Winery Zoning Appeal : R- 15 to R- 30 . " FARM WINERY DEFINITION ' A farm winery is a premise located on a farm in New York State in which wine is manufactured or sold . A licensed farm winery cannot maunufacture more than 50 , 000 finished gallons of wine annually . ' ' The wine has to be produced entirely from New York State grapes , or , under recent amendment to the ABC Law enacted at the Authority ' s request , any other fruit or agricultural products grown in New York State ' ( Source : Alan J . Gardner , ' Legal Requirements in Establishing and Operating a Farm Winery ' , Farm Winery Proceedings . Geneva : New York State Agricultural Experiment Station 1979 . ) FARM WINERY LEGISLATION See attached New York State Liquor Authority alcoholic beverage control law and rules . LOCATION OF PROPOSED FARM WINERY 1551 Slaterville Rd . See attached survey map for lot size and boundaries . STRUCTURE SIZE Dutch - style barn 30 ' X 52 ' . Frame construction ( board and batten ) set on cinderblock foundation , 35 ' to peak . Barn consists of full basement ( 10 ' ceiling ) and two floors , with full utilities . NUMBER OF EMPLOYEES 2"67iing Board of Appeals 7 February 27 , 1985 Family business . • RETAIL SALES HOURS Seasonal variation : Daily , 11 am . - 5 pm . , beginning Memorial Day and ending Labor Day . Weekends only for remainder of year . VOLUME Beginning with 1 , 000 gallons and expanding by 1 , 000 gallons annually to tenth year , with production levelling off at approximately 10 , 000 gallons . TRAFFIC PROJECTION Estimates are based on the following assumptions , the reasonableness of which have been verified by Mr . William Brown , Secretary , Finger Lakes Wine Council - - a consortium of local farm wineries for joint purchasing and promotions : 1 . Total production will be sold on site . 2 . Average visitor can be expected to purchase two bottles of wine . 3 . There are two occupants per automobile on average . 4 . Roughly 500 visitors annually are required for each thousand gallons of wine sales . 5 . Number of automobiles annually per thousand gallons of wine equals 250 . The number of visitors per day ( 365 ) will begin at 1 . 4 ( 1000 gallons ) and level off at 14 ( 10 , 000 gallons ) . The number of automobiles per day ( 365 ) will begin at 0 . 7 ( 1000 gallons ) and level off at 7 ( 10 , 000 gallons ) . PARKING See attached plan . New York State Department of Transportation has • authorized construction of 2nd driveway accessing Rte . 79 , together with piping and filling of drainage ditch from existing culvert face - to distance near back of barn . WASTES GENERATION - DISPOSAL On average , two ( 2 ) gallons of waste water are required for each gallon of wine . Solids consisting of grape skins will be returned to fields . In addition to clean washing and rinse water , waste water entering sewage system occasionally will include dead yeast cells and potassium bitartrate ( cream of tartar ) , when fermentation vessels are cleansed . " 3 . Site Plan ( undated ) . 4 . Drawing dated 2 / 12 / 85 , drawn by Roger Yonkin , showing proposed access / egress , driveway profile , parking lot , placement of 54 " pipe and rip - rap , with attached detail sheet . 5 . Short Environmental Assessment Form , completed and signed by Roger M . Battistella under date of January 23 , 1985 , with all questions answered " no " ; reviewed by Peter M . Lovi , Town Planner , under date of January 30 , 1985 , with the following recommendation : " On the basis of the following findings , I recommend that a negative determination of environmental significance be made . 1 . This• project will not create a substantial adverse change in existing air or water quality . 2 . Noise levels associated with automobile traffic will increase , though I do not believe a projected average traffic flow of 7 Zoning Board of Appeals 8 February 27 , 1985 • cars / day at full capacity to be significant , given the overall level of traffic on State Route 79 , 3 . All solid wastes will be returned to the site ; water will be disposed of through the sanitary sewer system . 4 . There will not be a potential increase in erosion , flooding , or drainage problems if proper soil maintenance practices are followed . Proposed Department of Transporation drainage improvements will not be compromised by this project . 5 . The project will not destroy large quantities of vegetation or fauna , and will in fact cultivate a high value crop . 6 . There is no evidence that the project will interfere with the movement of any resident migratory fish or wildlife species nor will the project have any substantial adverse impacts on a threatened or endangered species of plant or animal . 7 . A projected maximum of 5000 visitors annually will not interfere with the predominantly residential character of the area . 8 . The project will create a material conflict with the Town Zoning Ordinance . However , a portion of the vineyard is zoned R30 , and a roadside stand for the sale of farm products is a permitted use in such zones . Though the Zoning Board of Appeals is responsible for interpreting the Zoning Ordinance , and the Town Board is the only body empowered to make legislative determinations , I do not believe that this material conflict is significant . 9 . This project will not impair the archeological , architectural , or historic qualities of the area . Insofar as the owner has made a • substantial restoration of the barn and an investment in the vineyard , I believe that the aesthetic character of the area has been improved . 10 . There will be no significant difference in the types or quantities of energy used in this project as compared with residential uses in our Town . 11 . The New York State Department of Transportation has authorized a second driveway on Slaterville Road . The parking areas appear adequate for the projected traffic flow . The use of pesticides should be controlled and monitored closely so that there is no possibility of runoff into the City of Ithaca reservoir . There are no other aspects of the project which might create either a short- run or long - term hazard to human health or safety . 12 . The proposed use is compatible with existing uses , both in type and intensity . 13 . I cannot foresee the creation of a future , material demand for any action which may have a significant environmental impact as the result of this project . " 6 . Planning Board Minutes , February 19 , 1985 . The record also contains ( 1 ) Survey Map entitled , "' Map of Former William E . Hart Lands on Slaterville Road in Town of Ithaca , N . Y . , dated April 4 , 1964 , signed and sealed by Carl Crandall , C . E . , and ( 2 ) 8 pages from " New York State Liquor Authority - - Alcoholic Beverage Control Law and Rules of State Liquor Authority , September 1 , 1977 , which include an update • of same dated 1980 . Voning Board of Appeals 9 February 27 , 1985 Mr . Battistella stated that he did not know what else he could say other than what has been put in writing . Vice Chairman Austen clarifed with Mr . Battistella the location of the barn . Mr . King noted that the barn is on the westerly side of the road . Mr . King commented that Mr . Battistella ' s literature does not mention deliveries . Mr . Battistella stated that they want to start out small , adding that there is sufficient acreage to grow whatever they need - - deliveries are not a problem . Mr . King stated that he had looked at the site and the dip is horrendous . Mr . Battistella stated that he has worked with the NYS DOT and they have drawn up a plan for just that reason , which the Board had received , adding that they will also have fill placed . Discussion followed with respect to clarification as to the map approved by the Planning Board , it being determined that it was the undated Site Plan , Vice Chairman Austen asked if there were anyone present who wished to speak for or against the Battistella Appeal , Mr . Jonathan C . Meigs , City of Ithaca , spoke from the floor and asked how the waste will be disposed of . Mr . Battistella stated -that the liquid will go into the sewer system from the barn ; the solid waste will go into the vineyard . Vice Chairman Austen stated that Mr . Meigs was welcome to review the EAF and its review . Mr . Meigs offered that he was satisfied . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , with respect to the farm winery as proposed by Roger M . Battistella , make and hereby does make a negative declaration as to environmental impact , noting that there are no adverse effects that cannot be tolerated . There being no further discussion , the Vice Chair called for a vote . Aye - Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Mr . King noted that there is legislation with respect to such a farm winery which imposes certain restrictions as to size of operation beyond which such farm winery may become no larger . Mr . King commented that there is no request for a sign and wondered if Mr . Battistella had any plans for signage , noting that that would be a separate matter . Mr . Battistella stated that he had not really thought about that , commenting that he did not think they would need a large sign and noting that it would be a local operation . MOTION by Mr . Edward King , seconded by Mrs . Joan - Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a use variance to the applicant , Roger M . Battistella , • for the operation of a " FARM WINERY " proposed for 1551 Slaterville Road , Town of Ithaca Tax Parcel No . 6 - 56 - 2 - 1 . 1 , within the limits as set forth in the petition which is indicated as not to exceed 10 , 000 gallons a year , Zoning Board of Appeals 10 February 27 , 1985 • with the understanding that there might be a further review by this Board of Appeals if Mr . Battistella wishes to expand his gallonage beyond that indicated and up to the presently permitted 50 , 000 gallons of wine annually under the requirements of New York State , and in accordance with the Site Plan as approved by the Planning Board on February 19 , 1985 . There being no further discussion , the Vice Chair called for a vote . Aye - Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Austen declared the Public Hearing in and the matter of the Battistella Appeal duly closed at 8 : 19 p . m . APPEAL OF CITY OF ITHACA , APPELLANT , JONATHAN MEIGS , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO ERECT TWO STRUCTURES TO ACCOMMODATE THE ITHACA CITY YOUTH BUREAU WITH AN APARTMENT , AND A MAINTENANCE FACILITY , AT 1701 NORTH CAYUGA STREET , TOWN OF ITHACA TAX PARCELS NUMBER 6 - 18 - 2 - 11 AND 6 - 18 - 3 - 1 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTIONS 11 AND 12 , AND ARTICLE XIV , SECTION 75 , TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Austen declared the Public Hearing in the above - noted matter duly opened at 8 : 20 p . m . and read aloud from the Notice of Public • Hearings as posted and published and as noted above . Mr . Meigs was present . Vice Chairman Austen read aloud from the Appeal Form as signed and submitted by Mr . Meigs under date of February 19 , 1985 , as follows : " . . . Having been denied permission to erect two buildings to accommodate the Ithaca Youth Bureau , a maintenance facility for Stewart Park , and a park watchman ' s apartment at 1701 N . Cayuga St . . . . Continuation in use of existing , outmoded , inefficient , hard - to -maintain structures in which these municipal activities are housed ; and interference with existing plans for improvement of Stewart Park , a major community recreation facility . " It was noted that the Board members had also received the following documents with their agenda : 1 . Letter dated February 13 , 1985 from Jonathan C . Meigs , City Planner , to Mrs . Nancy Fuller - - " Please schedule some time on the agenda of the February 19th Planning Board meeting , for an informational presentation on the proposed Youth Bureau Facility . Perhaps fifteen minutes is all that will be necessary for this overview of the project at its present stage of development . 9[ In addition to familiarizing the Board with the project , which has only been in design a little over a month , comment received at the meeting will be useful in refining the site plans , which is tentatively scheduled to be submitted for formal approval at the March 5 , 1985 meeting , following hearing by the Zoning Board of Appeals for Special Approval of the use on February 27 , 1985 . % The accompanying drawing gives an idea of the direction the design is headed and its main features . The segment of N . Cayuga St . between East Shore Dr , and the park would be relocated , to * remove the hazard to foot traffic between Youth Bureau and park , and to permit more design freedom and design relationship to the park . The Tin Can ' s asbestos will be properly disposed of . The new two - storey Youth 90ning Board of Appeals 11 February 27 , 1985 Bureau will be slightly smaller than the present in both floor area and site coverage . Though early thinking was to incorporate space for park maintenance in a single structure , along with a park watchman ' s apartment ; it now seems to make sense to house maintenance separately . The ' Info ' denotes some provision for the Chamber of Commerce booth which seems an appropriate function for this location . JI look forward to the meeting . " Attached to the above - noted letter and before the Board was a reduced copy of " schematic site plan " entitled " Ithaca Youth Bureau " showing the new plans overlaid upon the outline of the existing Tin Can . The Board members each had also received a copy of the February 19th Planning Board Minutes . Mr . Meigs appended an air photo of the area to the bulletin board with an overlay showing the proposed plans for the new Youth Bureau , the apartment to be contained therein , the park maintenance facility , the Chamber of Commerce information booth , the parking , and the proposed road relocation . Indicating on the drawing , Mr . Meigs described the area and what is there presently and what is proposed to be there . Mr . Meigs stated that the City undertook about two years of analysis for this site . Mr . Meigs described the Naval Facility which is , of course , the location of the present Youth Bureau , commenting that it is old with certain maintenance problems . Mr . Meigs noted that the proposal is to demolish the existing Tin Can [ the old Naval Facility ] . Utilizing the drawing , Mr . Meigs pointed out what lands the City owns that are in the Town of Ithaca . Mr . Meigs stated that it was decided to include this facility as a part of the Stewart Park Master Plan . Mr . Meigs indicated on the drawing the proposed road relocation and particularly pointed out the road area to be abandoned . Mr . Meigs described the apartment proposed to be within the new facility and , also , in connection with the improvement to Stewart Park , a relocation of the maintenance facility as a separate structure . Mr . Meigs referred to reduced scale drawings and photographs of working models of the proposed facility which he displayed together with two elevation drawings for the floors . Mr . Meigs pointed out the two - stories of the proposed Youth Bureau Facility and indicated that it may be 31 feet in height , although that is not for sure at this particular stage of design . Mr . Meigs commented that he would not go into overly lengthy descriptions of the new facility since the Board members had received the Planning Board Minutes of February 19th where he had described the proposal at some length , ' however , he did describe briefly the layout , the amphitheatre , an improved culvert area which accounted for the placement of the maintenance facility , the activities which will occur in the new facility , the offices on the first and second floor , and , in general , described some of the building details and design . Mr . Meigs pointed out that the proposed facility reflects the design vocabulary of the existing structures in Stewart Park , Mr . Meigs stated that the City ' s thorough reading of this entire area is that this new facility and other improvements as part of the Stewart Park Master Plan will be a strong asset to the community and quite different in aspect to what is there now . Referring to the environmental significance aspect of the project , Mr . Meigs stated that a Long Form Environmental Assessment has been submitted and is more particular to the relocation of the road which will be before the Town Board , Vice Chairman Austen wondered about tree removal . Mr . Meigs stated • that he was strongly in favor of keeping all of the trees they can . •Ztning Board of Appeals 12 February 27 , 1985 Mr . King stated that it looked like a very well thought out plan to integrate this facility with the Park and to get traffic away from the area that would provide access to the Park . . Vice Chairman Austen asked if there were anyone present who wished to speak for or against the City of Ithaca Appeal . No one spoke . Mr . Cartee commented that he did not see a proposed parking space , adding that , perhaps , he just missed it . Mr . Meigs indicated on the drawing the location of parking in the front of the new facility , noting that there were about a dozen , and indicated about 16 parking spaces in another area . Mr . Meigs commented that their program associated with the Youth Bureau called for about 30 and added that it looks like they are just a little shy , however , there is ample space for more . Mr . Cartee noted the Town height restriction of 30 feet . Mr . Meigs stated that he was aware of that and added that they could come back if they need to . Mr . Cartee wondered how large the proposed maintenance structure is , with Mr . Meigs responding , about 6 , 000 square feet . Commenting that it has really not been located at scale , Mr . Meigs stated that it would probably be a wood frame structure with a block infill and either a block or perhaps a stucco finish and maybe backed up by steel sides and sheet rock , with a built - up , standing - seam , roof . Mr . Cartee wondered if it would be used to house the Park maintenance vehicles . Mr . Meigs stated that it will house the maintenance vehicles , for Stewart Park only , including lawn mowers and the like , adding that there will be no automotive or vehicle repair . Mr . Cartee commented that there was discussion about the maintenance facility • not being in this phase of the Stewart Park Master Plan . Mr . Meigs stated that that was a possibility and still is . Mr . King asked Mr . Cartee if he had any particular problem if the facility might go over the height restriction . Mr . Cartee stated that he did not , adding that he noted it in order that it might be considered for variance . Mr . King , noting that we have a pretty unique area here and a little pocket of land beneath an elevated highway at the intersection with the City ' s park and the City line , stated that he did not see that we have any particular problem with the proposal from the point of view of the neighborhood , adding that it would seem to integrate it and improve it , and adding further , that he thought an apartment in the building , in terms of overseeing the area , is important . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , subject to final approval of the Planning Board , grant and hereby does grant Special Approval for the Youth Bureau Facility and Park Maintenance Facility as presented to said Board of Appeals , at Public Hearing , this date , February 27 , 1985 , by Mr . Jonathan C . Meigs , City of Ithaca Planner , with the understanding that if there is a deviation of the Town of Ithaca height regulation , the Planning Board shall , at the least , be made aware of it . • Therebeing no further discussion , the Vice Chair called for a vote . ` . 2�bning Board of Appeals 13 February 27 , 1985 • Aye - Austen , King , Reuning , Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward King , seconded by Mrs . Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a use variance from the requirements of Article IV , Section 11 , of the Town of Ithaca Zoning Ordinance , to permit a dwelling in the proposed new City of Ithaca Youth Bureau Facility , Stewart Park , Ithaca , New York . There being no further discussion , the Chair called for a vote . Aye - Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Austen declared the Public Hearing in and the matter of the City of Ithaca Appeal duly closed at 9 : 09 p . m . APPEAL OF SECURITY TRUST CO . , EXECUTOR , ESTATE OF A . CAMERON GOFF , RICHARD THALER , ESQ . , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR , DENYING PERMISSION TO CONVERT AN EXISTING RESIDENTIAL STRUCTURE TO OFFICE SPACE TO • ACCOMMODATE NO LESS THAN TWO PHYSICIANS AT 1290 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 4 - 14 . 2 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , AND ARTICLE XIV , SECTION 75 , TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Austen declared the Public Hearing in -the above - noted matter duly opened at 9 : 10 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Vice Chairman Austen read aloud from the Appeal Form as signed and submitted by John A . Murphy , Vice President , Security Trust Company , Executor , . Estate of A . Cameron Goff , under date of February 14 , 1985 , as follows : " . . . Having been denied permission to convert existing residence on parcel of about: five acres to use as medical offices at 1290 Trumansburg Road . . . The request is for a variance to convert the residence at 1290 Trumansburg Road on a lot of approximately 5 acres to use as medical offices for two physicians . The entire parcel consists of about 49 acres . See attached Schedule A and supporting documents . " Vice Chairman Austen noted that the Board members had each received copies of the extensive documentation with respect to this Appeal , which he would not read , but which included , ( 1 ) a seven -page document - - Schedule A . ( 2 ) Realtor Lenny Fromkes two - page Affidavits ( 3 ) photograph of Dr . Goff ' s home , and ( 4 ) a portion of Tax Map # 24 , showing the location of the Goff Estate on Trumansburg Road on Parcel No . 6 - 24 - 4 - 14 . 2 ( approximately 48 acres ) , across from the Hospital and the Professional Building . The documentation referred to , as submitted by Attorney Holmberg , is • set forth below . " SCHEDULE A 1 . 01oning Board of Appeals 14 February 27 , 1985 • I The property in question cannot yield a reasonable return if used only for the purposes permitted in R- 15 zone and will pose an economic hardship for the present owners if it must remain residential . A . The property in question was purchased by Dr . A . C . Goff in 1933 . It has been occupied by Dr . Goff and / or his wife for over 50 years . Except for converting the upstairs to an apartment and general maintenance , there have been virtually no capital improvements to the property for many years . The basic condition is good . The value of the property has increased so that the sale price of $ 215 , 000 . 00 ( reduced from an asking price of $ 300 , 000 . 00 ) makes use of the property as a single residence or two - family residence , even without renovation , prohibitively expensive without any possibility of adequate return . Be The acreage returns very little as rental pasture land . Since 1955 , not more than $ 300 . 00 per year rental has been received from the 49 acres . The upstairs apartment is presently rented for $ 200 . 00 per month including heat . In its present condition , the downstairs could reasonably be expected to rent for between $ 300 . 00 to $ 350 . 00 per month , including heat , for a gross annual return from the two living units of between $ 6 , 000 . 00 and $ 6 , 600 . 00 each year . This is not an adequate return even if the property were retained by the estate for rental . With a purchase price of $ 215 , 000 . 00 , the cost to amortize an 80a mortgage over 20 years with interest at 123w2o would be about $ 1 , 954 . 00 per month or $ 23 , 450 . 00 annually not including taxes , utilities and not allowing for expenses of needed and essential renovation . The buyer has made no plans for developing or selling the remaining • acreage . ' C . Other properties of far less market value on Trumansburg Road , West Hill ( City of Ithaca ) and adjoining areas have been on the market for extended periods of time , some for two and a half to three years before any offer is received . See Schedule A- 1 attached hereto . D . A review of real estate records with respect to purchase and sale of properties in this area indicates that those properties which have sold over the most recent period of time have in general been either multi - unit residences or smaller residences or , for the most part , not on Trumansburg Road . We note also the addition of medical offices to the south of this property on Trumansburg Road ( Dr . Goodfriend ) . Because of the property ' s size , physical layout and location , it is excellently suited for professional medical office space and in fact , in our opinion , is better suited for such use than residential use under present conditions . II The character of the neighborhood does not dictate continuation of the use as a residence and it is impractical to do so . A . As will be seen from the portion of the tax map attached hereto , although there are residences adjoining the remaining acreage on the west and further south , they are a substantial distance from the residence on the above premises . The residence is located in the northeasterly corner of the property immediately south of the old Hayts School . The Hayts School is now used as an artist ' s studio and west of that is a part of the West Hill Cemetery . On the east we have New York State Route 96 * ( Trumansburg Road ) and across the highway the Tompkins County Professional Building , Tompkins Community Hospital , the Old County Hospital and other buildings of the Biggs complex . There is a New York State :Electric & Gas 2bning Board of Appeals 15 February 27 , 1985 • substation adjoining the south line of the property ; on the highway - and this , incidentally , does not enhance the property as a residential site . The character of the immediate neighborhood is not residential in nature and among drawbacks to continuing the residential character are the proximity of the house to the highway , the presence of the substation and cemetery , and the fact that it does not seem to be a residential neighborhood . Be On the other hand , with the presence of the medical, offices across the highway along with the Hospital and the projected use of the old hospital as a health related facility , this is a logical location for medical offices . III The proposed use as medical offices for two physicians will not alter the essential character of the locality . A . As indicated above , this property is in close proximity to the Tompkins County Professional Building , Tompkins Community Hospital , the former Tompkins County Hospital and the Biggs complex . Be The proposed use of this property as a professional office . space for two physicians will not involve any alteration to the facade of the existing structure. IAny addition for entrance and / or ramp for the handicapped would be in the rear . The outside of the structure will not lose its residential appearance nor its classical lines . Co Between this property and Ithaca along the highway are located the Candlewyck Apartments , Lakeside Nursing Home , ' Statler West ' , the Paleontological Society , NYSEG substation , residences , and the above mentioned doctors ' offices . The neighborhood thus supports a variety of • uses and adapting this property for medical offices will not conflict with any of them . D . There is adequate space for parking to the rear of the building and there will be no obstruction of the highway . No visual modifications will detract from neighboring properties . The proposed occupants ( two doctors ) of the property already mainain office space in the Professional Building next to the Hospital complex and their patients , therefore , travel the Trumansburg Road to reach their offices at the present: time and will not result in increased traffic on Trumansburg Road . E . Access to the building from Trumansburg Road is by means of a circular drive with two entrances or exits on the highway . IV Economic hardship will result to the prospective occupants if the variance is not granted . A . The prospective occupants of this property need to re - locate their offices in the near future to better accommodate their patients and meet a need for additional space . They have explored other possibilities and from both a financial and professional perspective , the move to this property will be more efficient and economical . Be The occupants will be two gynecologists and obstetricians whose presence in the hospital is regularly required and whose patients , of course , are regularly required to be admitted to Tompkins Community Hospital . It is essential that their offices be located as close to the hospital as possible . It is often necessary for them to see patients on short notice and / or to be called to the hospital on an emergency basis at • odd hours . •toning Board of Appeals 16 February 27 , 1985 Co There are no known buildings or structures in the area of the • hospital presently available for use of the size required to provide the desired service to their patients in pleasant surroundings . D . It should be noted also , that the use is permissible in this zone if one of the doctors were to live in the residence . The size of the dwelling and size of the doctors ' families do not permit such combined usage . SCHEDULE A - 1 In the Matter of the Property AFFIDAVIT known as 1290 Trumansburg Road STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS . : CITY OF ITHACA ) LENNY FROMKES , being duly sworn , says : 1 . That he is the realtor in the sale of the property known as 1290 Trumansburg Road owned by the Goff Estate . 2 . He has been selling real estate in the Ithaca area for 5 years and is well acquainted with the real estate market in this area . 3 . The properties of the size and general condition of the Goff residence with a large acreage are difficult to sell and while the Goff residence has not been on the market as long as some others , there has been no interest shown in it except for the present buyer . 4 . That although there are not many houses in the immediate vicinity and thus not many properties to compare with this , the following are properties either in the general area or of comparable size which have not sold or have sold after a long period for reduced prices : a ) Trumansburg Road , Jacksonville , property of Robert Andree on the market two and a half years hasn ' t sold . This property has a main residence , a tenant house and 88 acres . b ) 548 Waterburg Road ( Saltonstall ) , sold recently , on the market for two and a half years . c ) 1456 Trumansburg Road ( Erwin ) , recently sold at a reduced price after two and a half years . sell . d ) 646 Iradell Road , on market for eight ( 8 ) months , price reduced to e ) There are a number of houses on West Hill in the City of Ithaca which would be considered accessible to the hospital area and more accessible to the City of Ithaca , which have been on the market for a few months to a year and a half : 320 Brookfield Road , 517 Warren Places 924 Cliff Street ; 230 Cliff Park Road ; 415 Elm Street ; 607 Warren Place ; 5 Westwood Knoll ; 414 Richard Place . They all have the same problem of being larger than needed for the now average family and being in areas restrictively zoned so that they cannot readily be converted to multi - residential or professional use . 5 . It is my opinion that it will be virtually impossible to sell the Goff property as either a one or two family residence because of the cost and the extensive renovations required in this old hosue , its proximity to the highway , and lack of other residences in the immediate vicinity . It will be financially impractical , particularly when there are available other attractive residential properties almost equally accessible to the hospital and more readily accessible to Ithaca . . ( sgd . ) Lenny Fromkes Sworn to before me this 14 day of February , 1985 . ( sgd . ) Aurora R . Valenti &Zoning Board of Appeals 17 February 27 , 1985 • Notary Public " Attorney Laura H . Holmberg , of Wiggins , Holmberg , Galbraith & Holmberg , appeared before the Board and stated that it was she , not Attorney Thaler who would be speaking to the matter , adding that she was representing the buyer , Dr . Kyong , Attorney Holmberg presented a large drawing entitled , " Site Plan , Dr . Kyong Renovation , 1290 Trumansburg Road , Ithaca , New York 14850 " , prepared by Robert S . Leathers , Architect P . C . , 909 Wyckoff Road , Ithaca , New York 14850 , undated . Attorney Holmberg stated that she would like to clarify the Notice of Public Hearing as it was published with the wording " no less than two physicians " which , she thought , inferred more than two physicians . Attorney Holmberg stated that the request was for two physicians only . Attorney Holmberg stated that the Goff property contains some 49 acres and is located across from the Hospital , adding that the next property north is the old Hayts School and the next south is the NYSEG substation . Attorney Holmberg stated that there are some houses on Hayts Road , Attorney Holmberg stated that they are asking to convert the house to offices for two doctors on an area of the parcel of about 5 acres , adding that there are no plans for the whole property , thus , there is no request for anything on the acreage . Attorney Holmberg stated that there is to. be no change to the outside of the building with all modifications inside . Attorney Holmberg indicated on the Site Plan an existing asphalt drive and where 18 parking spaces are proposed . Attorney Holmberg pointed out an existing barn and indicated where another barn is also located . Attorney Holmberg noted , again , that the medical office is to be for two gynecologists , Dr . Kyong and Dr . Husa , adding that there are no plans for more than that . Attorney Holmberg stated that the existing landscaping by and large will remain . Attorney Holmberg stated that the information she got from the Estate is that the property as it is now cannot make a return sufficient to maintain any financing , noting that there is an apartment which was rented , and adding that it is a two - family house . Attorney Holmberg noted that there has been an income of about $ 300 . 00 a year for rental_ for the land , and added that the purchase price is $ 215 , 000 . 00 including the acreage . Attorney Holmberg stated that the real estate agent gave her a list of other properties on the west side and commented that there is some difficulty marketing homes on West Hill . Attorney Holmberg stated that the house has been occupied since 1933 by Dr . Goff and his wife and there have been no modifications except for heating . Attorney Holmberg stated that the Hospital is across the road , the Professional Building :is north on the other side also , and there are doctors ' offices down the street owned by Dr . Goodfriend . Attorney Holmberg stated that there is municipal water , however , they do not know about the septic system but they will do what the Health Department requires . Attorney Holmberg stated that they did not have the Survey yet , adding that Robert Leathers is the Architect for the renovation . Mr . King , commenting that the petition presented by Attorney Holmberg was very thorough and very detailed , wanted to make sure that the proposal was for two doctors since the Notice said " no less than " two doctors . • Attorney Holmberg responded that that was Mr . Cartee ' s wording ; the proposal is for two doctors . ,Zoning Board of Appeals 18 February 27 , 1985 Vice Chairman Austen stated that he was very familiar with the • property , and asked if there were any proposed use for the barns . Attorney Holmberg replied that she did not know but she did not think the doctor has any plans , adding that the outbuildings are included in the proposal . Mr . King observed that the question under discussion is one of variance for doctors ' offices because the doctor is not living there . Attorney Holmberg agreed , adding that the apartment will not be there ; there will be no one living there . Attorney Holmberg stated that there are about 4 , 000 square feet in the building , including both floors . Mr . King recalled that in a prior case of this sort , this Board had recommended Trumansburg Road as a preferable site . Mr . King commented that parking in the back is good too . Attorney Holmberg stated that the whole area will not be blacktopped because Dr . Kyong does not want the area all covered with blacktop to detract from its beauty . Noting that there was no one present except for those persons involved with the next matter ( Ithaca College ) , Vice Chairman stated that he would ask anyway if there were anyone present who wished to speak for or against the matter of the Appeal for doctors ' offices . No one spoke . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a use variance from the requirements of Article IV , Sections 11 and 12 , to permit the use of the property known as 1290 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 4 - 14 . 2 , as office space for two physicians with neither doctor needing to be resident in the property , with the following conditions : 1 . That the exterior of the building would not be changed ; 2 . That the parking be maintained at the back of the building as indicated on the drawing presented to the Board at Public Hearing , this date , February 27 , 1985 , entitled , " Site Plan , Dr . Kyong Renovation , 1290 Trumansburg Road , Ithaca , New York 1485011 , prepared by Robert S . Leathers , Architect P . C . , 909 Wyckoff Road , Ithaca , New York 14850 , undated . 3 . And further subject to submission to the Town of Ithaca Office of any records on file in the Tompkins County Health Department with respect to the sewage disposal system for the subject property , and , a copy of the certification of whoever the petitioner ' s attorney gets to certify . the system as adequate to the proposed use . There being no further discussion , the Vice Chair called for a vote . Aye - Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . • Vice Chairman Austen declared the Public Hearing in and the matter of the Goff Appeal duly closed at 9 : 25 p . m . , •honing Board of Appeals 19 February 27 , 1985 • Attorney Holmberg thanked the members of the Board . APPEAL OF ITHACA COLLEGE , APPELLANT , RICHARD CORRENTI , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT AN ADDITION AND RENOVATION TO AN EXISTING STRUCTURE ( EGBERT UNION ) 40 ' IN HEIGHT , IN AN R- 15 RESIDENTIAL DISTRICT IN THE 900 BLOCK OF DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 41 - 1 - 30 . 2 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 11 ( 4 ) and 11 ( 10 ) , AND ARTICLE XIV , SECTION 75 , TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Austen declared the Public Hearing in the above - noted matter duly opened at 9 : 26 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Richard Correnti of Ithaca College was present , as was Mr . Douglas R . Hoffman , Architect , with Chandler Cudlipp Assoc . , Inc . , New York City , Vice Chairman Austen read aloud from the Appeal Form as signed and submitted by Douglas Hoffman under date of February 15 , 1985 , as follows : " . . . Having been denied permission to construct an addition and renovation to Egbert Union at Ithaca College . . . The present facility was designed in 1960 to serve a college enrollment of 11600 students . Currently with a student enrollment of over 5 , 000 the college union is inadequate in dining and recreational facilities and related support services . This petition is for special permit to renovate the existing facilities and construct a two story addition of approximately 55 , 000 square feet to the Union Building . It is further requested that the 3010 " height limitation be waived to permit the proposed structure with an average grade to parapet height of 40 feet . It • should be noted that the two story addition will not exceed the height of the existing three story structure . " Vice Chairman Austen noted that the members each had before him / her a copy of the Minutes of the Planning Board meeting of February 5th , at which meeting the Planning Board had granted Final Site Plan Approval for the project . Several drawings were appended to the bulletin board for Board review , all entitled " Additions and Renovations to Egbert Union , Ithaca College , Ithaca , New York " , and including : ( 1 ) Progress Drawing , issued 2 / 19 / 85 , showing West Elevation , East Elevation , and South Elevation ; ( 2 ) Progress Drawing , issued 2 / 19 / 85 , showing North Elevation and a general elevation , ( 3 ) Campus Master Plan , Sheet No . L - 1 , undated ; ( 4 ) Layout Plan , Sheet No . L- 2 , undated ; ( 5 ) Grading and Drainage , Sheet No . L - 3 , undated , ( 6 ) Planting Plan , Sheet No . L - 4 , undated . Mr . Richard Correnti , representing Ithaca College , appeared before the Board and stated that Egbert Union was the first building on the Ithaca College Campus and it was designed for a student population of 1 , 500 , yet , even by the time of its dedication the enrollment had reached 3 , 000 . Mr . Correnti stated that at this point in the College ' s history , the student population is over 5 , 000 and , thus , the additions and renovations are badly needed . Mr . Correnti stated that the plans as have been designed and are here presented meet the needs of both the College and the students very well and the College is very pleased by the work of the Architects . Mr . Correnti introduced Mr . Douglass Hoffman , Architect , to the Board members . Mr . Hoffman appended three artist ' s renderings depicting the facades • of the new facility to the bulletin board and proceeded to briefly describe the orientation of the existing Egbert Union and what% will be the new and • ming Board of Appeals 20 February 27 , 1985 • expanded Egbert Union . Mr . Hoffman pointed out how the improvements are sensitive to Egbert Union ' s central location . Utilizing the various drawings appended to the bulletin board , Mr . Hoffman described the large , underground , expansion of the I . C . Bookstore , pointed out the " linkage " from Job Hall , and commented upon the maintaining of the integrity of the existing Campus and its buildings and the Campus triangle . Mr . Hoffman also pointed out various accesses for handicapped persons . Mr . Hoffman indicated and described the aggregate wall panel system , the use of brick side walls , a sloped metal roof with a glass facade , and showed how the added metal roof areas would carry through the ideas of the exising building into the new , building . Mr . Hoffman commented on the results of the architects ' objectives to make the new facility harmonious with the existing Campus and not compete with it . With respect to parking , Mr . Hoffman indicated the proposed parking areas and loading dock areas and pointed out that about twelve parking spaces will be lost . Mr . Hoffman noted that the addition is comprised of about 55 , 000 square feet plus the 40 , 000 square feet of the existing Union which will be renovated , and commented that , thus , Egbert Union will be more than doubled . Vice Chairman Austen inquired if there were anyone present who wished to speak for or against the proposed additions and renovations to Egbert Union on the Ithaca College Campus . No one spoke . Vice Chairman Austen stated that he liked the proposal very much . Mr . Correnti responded that the College did too and added that the additions and renovations are very functional and the building will be very flexible . • Mr . Correnti stated that the College has been working on this project for well over two years and is very pleased with the efforts of the architects involved . Mr . Correnti described what he termed a " multi - purpose " room which will be of sufficient size for 900 people for a theatre production and for from 450 - 500 persons for a sit - down dinner . Mr . Correnti described a new and expanded snack bar , a new coffee house , and a new pub . Mr . Cartee asked that the Architect speak briefly to the life safety aspects of the project . Mr . Hoffman stated that the . building is entirely handicapped accessible and , from the perspective of life safety , Mr . Gene Dymek , Director of Life Safety , Cornell University , Retired , had aided them extensively and the building is completely safe . Mr . Hoffman briefly described the stairways and the elevator systems and pointed out four remote locations for egress as well as the several direct egress locations . Mr . Hoffman also indicated and described two egress locations from the underground bookstore and also described handicapped access from the parking area . Mr . Hoffman described the manner in which both the new addition and the existing will be sprinkled , adding that they will be filing with the Tompkins County Health Department the proper documents with respect to the kitchen service areas . Mr . Hoffman pointed out the location of the gas meter vault and its landscaping . Mrs . Reuning wondered what the timetable for the project might be . Mr . Hoffman stated that they are moving into construction documents and , hopefully , construction will commence in the summer , adding that it will be • about a 14 - 15 month project . Mrs . Reuning stated that the Ithaca community has all been very proud of the Ithaca College Campus and she was sure that the Board feels , as she does , that this grand addition and renovation will }; stoning Board of Appeals 21 February 27 , 1985 further enhance the Campus . Mr . Hoffman expressed his appreciation for Mrs . Reuning ' s comments and noted that the Planning Board has granted all the approvals within its jurisdiction . Mr . Hoffman noted , also , that the environmental review , in this case , has been done by the New York State Dormitory Authority . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : WHEREAS , the Town of Ithaca Planning Board has given Final Site Plan Approval , actually having granted Preliminary Site Plan Approval and waiving the need for Final Site Plan Approval , to the proposed exansion and renovation of Egbert Union on the Campus of Ithaca College , NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board of Appeals pursuant to the provisions of Article IV , Section 11 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , grant and hereby does grant Special Approval for the construction of additions to and renovations of Egbert Union based upon the Site Plan as approved by the Town of Ithaca Planning Board , and FURTHER , RESOLVED , that said Board of Appeals grant and hereby does grant an area variance from the requirements of Article IV , Section 11 , Paragraph 10 , of said Ordinance , to permit the proposed structure to have an average grade to parapet height of forty feet ( 401 ) . There being no further ' discussion , the Vice Chair called for a vote . Aye - Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Both Messrs . Correnti and Hoffman thanked the Board for its time and consideration .. The members of the Board wished the College well in its future endeavors . ADJOURNMENT Upon Motion , Vice Chairman Austen declared the February 27 , 1985 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 10 : 00 P . M . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . • Edward N . Austen , Vice Chairman