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HomeMy WebLinkAboutZBA Minutes 1985-08-28 I TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 28 , 1985 The Town of Ithaca Zoning Board of Appeals met in adjourned regular session ( adjourned from August 21 , 1985 ) , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 12 : 00 o ' clock , Noon . PRESENT : Chairman Henry Aron , Jack D . Hewett , Edward W . King , Edward N . Austen , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Edward A . Mazza , Esq . , James Iacovelli . Chairman Aron declared the meeting duly opened at 12 : 05 p . m . ADJOURNED APPEAL ( FROM AUGUST 21 , 1985 ) OF JAMES IACOVELLI , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMITS FOR THE CONSTRUCTION OF TWO , TWO -FAMILS' DWELLINGS , IN RESIDENCE DISTRICT R9 , EACH WITH DWELLING UNITS OF EQUAL SIZE ( UP -AND - DOWN DUPLEXES , FOUR BEDROOMS IN EACH UNIT OF EACH STRUCTURE ) , AND , DENYING SPECIAL PERMITS TO ALLOW FOUR UNRELATED PERSONS TO OCCUPY EACH SUCH UNIT ( A TOTAL OF EIGHT UNRELATED PERSONS IN EACH STRUCTURE ) , SUCH SPECIAL PERMITS BEING APPLIED FOR PURSUANT TO • ARTICLE III , SECTION 4 , PARAGRAPH 2 , SUB - PARAGRAPH 2b , OF THE TOWN OF ITHACA ZONING ORDINANCE , AT 239 - 241 PENNSYLVANIA AVENUE , TOWN OF ITHACA TAX PARCELS NO . 6 - 54 - 5 - 40 ( OLD ITHACA LAND COMPANY PARCELS NO . 126 AND 127 ) AND A PORTION OF 6 - 54 - 5 - 38 ( OLD ITHACA LAND COMPANY PARCEL NO . 1291r KNOWN ALSO AS 103 MARYLAND AVENUE ) , AND , AT 146 KENDALL AVENUE , TOWN OF ITHACA TAX PARCELS NO . 6 - 54 - 5 - 10 ( OLD ITHACA LAND COMPANY PARCELS NO . 160 AND 161 ) AND A PORTION OF 6 - 54 - 5 - 12 ( OLD ITHACA LAND PARCEL N0 , 159 , BEING A PORTION OF A PARCEL PRESENTLY KNOWN AS 148 KENDALL AVENUE ) . PERMITS ARE DENIED UNDER ARTICLE III , SECTION 41 PARAGRAPH 2 ; ARTICLE III , SECTION 4 , PARAGRAPH 2 , SUB - PARAGRAPH 2b , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 12 : 05 p . m . and read aloud from the Notice of Public Hearings as previously posted and published and as noted above . Messrs . Iacovelli and Mazza were present . Chairman Aron noted the presence of a quorum . Chairman Aron noted that the Board members had all visited the site of the projects . Chairman Aron stated that the Board members had before them a completed Short Environmental Assessment Form , as signed and submitted by James Iacovelli under date of August 12 , 1985 , and as reviewed by the Town Planner , Mr . Lovi , under date of August 13 , 1985 . Chairman Aron declared the Town of Ithaca Zoning Board of Appeals as Lead Agency in the environmental review of the • James Iacovelli Appeal . Zoning Board of Appeals 2 August 28 , 1985 Chairman Aron , noting that the review presented by Mr . Lovi was over four pages in length , stated that he would not read aloud that review into the record , however , it is a part of the record . Chairman Aron stated that he would read aloud the reviewer ' s recommendation in the matter . Chairman Aron read as follows : " REVIEWER ' S RECOMMENDATION : This project is an Unlisted action according to Local Law # 3 , 1980 . Given the expected impacts which this project appears to have on the environment , I recommend that a negative declaration of environmental significance be ` made . " MOTION by Mr . Jack Hewett , seconded by Mr . Edward Kiang : RESOLVED , that the Town of Ithaca Zoning Board of Appeals accept and hereby does accept the Environmental Assessment Form as submitted by James Iacovelli and as reviewed by the Town Planner , Peter M . Lovi , and FURTHER RESOLVED , that the Town of Ithaca Zoning Board of Appeals , as Lead Agency in the environmental review of the proposed construction of two , two - family dwellings , make and hereby does make a negative declaration of environmental significance . There being no further discussion , the Chair called for a vote . • Aye - Aron , Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron , noting that there was no one in attendance from the public , closed the Adjourned Public Hearing at 12 : 10 p . m . and asked for Board discussion . The Board members had before them those documents which were before them at their August 21 , 1985 meeting . Said documents are : i . Appeal Form as signed and submitted by James Iacovelli under date of August 12 , 1985 , and reading as follows : " Having been denied permission to construct two , two family dwellings at 241 Pennsylvania Avenue and 146 Kendall Avenue . . . ( 1 ) It ' s impractical to build 6 small houses . ( 2 ) Building larger houses allows for better quality construction . ( 3 ) There are precedents ' in the neighborhood . ( 4 ) Density of occupancy is no greater though less buildings are used . ( 5 ) This provides for more committed open space . ( 6) Six 50 ' lots are dedicated to these two structures . " 2 . Short Environmental Assessment Form , Part I , as signed and submitted by James Iacovelli under date of August 12 , 1985 , and • as reviewed , Parts II and III , by the Town Planner , Peter M . Lovi , under date of August 13 , 1985 , and reading as follows : Zoning Board of ' Appeals 3 August 28 , 1985 • " TOWN OF ITHACA ENVIRONMENTAL ASSESSMENT FORM PART II : Project Impacts and Their Magnitudes RE : James ! Iacovelli , Pennsylvania Avenue , two - family houses Impacts on Land 1 . There, will be no adverse environmental impact as a result of physical changes to the project site . This conclusion is based upon the fact that the two houses to be constructed will be built on six adjacent lots 'with a total area in excess of 53 , 400 square feet . Each of the two buildings is 68 ' long ( including an attached deck ) and 30 ' wide , , for a total lot coverage of 2 , 040 square feet . The total coverage for both houses is 4 , 080 square feet , or less , than 8 % of the gross lot area . As a maximum lot coverage of 25 % is permitted in an R9 district , I believe that , the physical changes to the site as a result of construction will be minimal . 2 . Thereare no unusual landforms on the site which would be adversely affected by this project . This conclusion is based upon an examination of a Townwide map of unique • physiographic formations prepared by the Tompkins County Planning Department and referred to as part of our Town Comprehensive Plan . Impact on Water 3 . There are no protected water bodies which would be affected by this project . This conclusion is based upon an exami - nation of a Townwide map of watersheds and surface drainage prepared by the Tompkins County Planning Department . There are no streams on the site and excess surface drainage will be intercepted by the roadside ditch along Kendall Avenue and carried off in the regular drainage system . 4 . There are no non -protected water bodies which would be affected as a result of this project . This conclusion is also based upon an examination of the watersheds and surface drainage map cited above . 5 . This project will have no effect on groundwater quality . This conclusion is based upon the fact that both buildings will be connected to the Town ' s sanitary sewer system . 6 . This project has a small potential impact on drainage flow and surface water runoff . The construction of the common • parking lot between the two buildings will concentrate surface runoff . The total surface area of this parking area will be ( 44 ' x 561 ) 21, 464 square feet , exclusive of Zoning Board of Appeals 4 August 28 , 1985 • the driveway from Pennsylvania Avenue and the turnaround at the north end of the lot ( estimated additional area based on 128 ' length and 12 ' width of pavement . 1 , 536 square feet ) . The driveway and the parking area will be paved ( . 9 runoff coefficient ) . Adding the roof coverage of 4 , 080 square feet gives a total impervious surface of 8 , 080 square feet with an average runoff coefficient of 95 percent . This amount of impervious surface is approximately 15 % of the gross lot area . The time of concentration is assumed to be 15 minutes . In order to accommodate a five -year storm of 1 . 5 inches of rainfall per hour , the site should be graded so that the drainageway to Kendall Avenue can handle a minimum flow of . 12 ft3 / second . Impact on Air 7 . This project will not have an adverse environmental impact on air quality . This conclusion is based upon the fact that these new houses will be built to State Code insulation requirements and should be more thermally efficient than the average home in the Town of Ithaca . Air pollutants from the home furnaces should be below average when computed on a per capita basis . Impact on Plants and Animals • 8 . There are no known threatened or endangered species of plant or animal which will be adversely affected by this project . This conclusion is based on an examination of maps prepared by the Tompkins County Planning Department describing Game Habitats , Unique Wildlife Habitats , and Forest Land and Unique Floral Regions . 9 . There will be no adverse environmental impact on non -endangered or non - threatened species of plants and animals . This conclusion is also based on an examination of maps prepared by the Tompkins County Planning Department describing Game Habitats , Unique Wildlife Habitats , and Forest Land and Unique Floral Regions . Impact on Visual Resources 10 . The project will have no adverse impact on views , vistas , or other aspects of the neighborhood or community visual character . This conclusion is based upon the fact that in this area , the present R9 zoning designation and the approved Ithaca Land Company subdivision would permit a one or two - family home with as much as 2 , 250 square feet of lot coverage to be built on each of the six affected lots . In addition , a public street known as Maryland Avenue would have to be constructed to serve that portion of tax parcel • number 54 - 5 - 38 which is designated as # 129 on the Ithaca Land Company plat . A development of this sort would be considerably more disruptive of the neighborhood character Zoning Board of Appeals 5 August 28 , 1985 • and aesthetics than the proposed buildings . In addition , the old , unattractive house presently located on tax parcel number 54 - 5 - 40 ( # 241 Pennsylvania Avenue ) will be torn down as part of this action . Impact on Historical Resources 11 . This project will not impact upon any site or structure of historic , pre -historic or paleontological importance . This conclusion in based on the fact that five of the six parcels included as part of this action are presently open land and that the sixth parcel contains a house of no historic value . It is unlikely that the land itself contains any artifacts of pre - historic or paleontological importance . This judgment is based upon the evidence that a considerable amount of building and development in this area has not produced evidence of any artifacts at this time . Impact on Open Space and Recreation 12 . This project will have no negative impact on the quality or quantity of existing and future open spaces or recreational opportunities in the community . Neither the Town of Ithaca Comprehensive Park and Open Space Plan nor the Ithaca Land • Company plat provide for any dedicated recreation area on this site . To the extent that the proposed development reduces that mass of buildings which would otherwise be permitted , it will have a positive effect on the preser - vation of open space in the neighborhood . Impact on Transportation 13 . This project will have an impact on the existing transportation system . Based upon traffic counts for similar residential neighborhoods in the Town , it is esti - mated that traffic flow on Pennsylvania Avenue is less than 500 cars per day . The parking area for the two buildings provides space for 14 cars . Based upon an assumption of 14 cars each making 4 trips per day , these two buildings may add more than 55 + trips per day to Pennsylvania Avenue . This would represent an increase of approximately 10 percent to the estimated daily traffic flow . This increase may be considered significant but is well within standards for residential neighborhoods elsewhere in the Town . Impact on Energy 14 . This project will have no significant effect on the community ' s sources of fuel and energy . This conclusion is based upon the fact that these - houses are typical two - family homes which , even if built to the most energy - efficient insulation standards , could have only a marginal effect on the community ' s overall energy use . Zoning Board of Appeals 6 August 28 , 1985 • Impact on Noise 15 . There will be no significant odors , glare , vibration or electrical disturbances as a result of this project . This conclusion is based upon the fact that glare , vibration and electrical disturbances are not associated with residential construction of this type . The increase in traffic flow along Pennsylvania Avenue has been described and considered above . However , since the resulting traffic flow is consi - dered to be well within neighborhood standards and the increase in traffic will be private cars and not trucks , the increase in noise is not considered to be significant . Impact on Health and Hazards 16 . This project will have no significant impact on public health and safety . This conclusion is based upon the fact that the construction of one and two family houses has been determined by the Town Board to be a permitted use which will not adversely affect the public health , safety and welfare . The two buildings will be constructed in confor - mance with the New York State Life Safety Code and will be inspected by our Building Inspector before a Certificate of Occupancy may be issued . Impact on Growth and Character of Community or Neighborhood • 17 . This project will have no adverse impact on theg rowth and character of the existing community . This conclusion is based upon the fact that on March 20 , 1985 the Zoning Board of Appeals approved a variance for the construction of a pair of two - family homes at 145 and 147 Kendall Avenue . These homes are substantially identical to the buildings proposed to be constructed in the present action and were permitted to be occupied by no more than seven unrelated persons in each building . Two parcels of land , # 130 and # 131 of the Ithaca Land Company plat , were dedicated as open space to accompany this variance . The present action is extremely similar to the variance already approved by the Zoning Board of Appeals . Six parcels rather than five are proposed to be dedicated , and these parcels to be dedicated are contiguous to the two parcels previously reserved as open space . The construction of these buildings and others by Mr . Iacovelli and others in the past five years is establishing a standard of construction quality and lot coverage which is more characteristic of R15 residential neighborhoods elsewhere in the Town . The standards of residential occupancy are somewhat lower than would be permitted according to the R9 standards of the Zoning Ordinance . • 18 . There is no public controversy concerning the project at this time . This conclusion is based upon comments received 3 Zoning Board of Appeals 7 August 28 , 1985 • by the Town of Ithaca Planning Department as of August 13 , 1985 . It is possible that negative comments may be received prior to , or at the time of , the Public Hearing on August 21 , 1985 . REVIEWER ' S RECOMMENDATION : This project is an Unlisted action according to Local Law # 3 , 1980 . Given the expected impacts which this project appears to have on the environment , I recommend that a negative declaration of environmental significance be made . " 3 . A portion of Town of Ithaca Tax Map No . 54 showing the six lots involved in the Iacovelli Appeal . 4 . Site Plan of proposal for two dwelling structures at 241 Pennsylvania Avenue , signed by James Iacovelli , drawn by Chad Hoover , dated August 12 , 1985 . Mr . King , commenting that he had visited the properties in question , pointed out that this proposal would involve the consolidation of six lots and , again , with restrictive covenants as in other projects . Mr . King stated that the yards setbacks present no -problem that he knew of and noted that the side yard for the proposed northerly house is 15 feet and there is open field next to it . Mr . King pointed out that there are no other structures nearby • and stated that he saw no problem with the proposal as presented . Mr . King stated that generally , in his opinion , Mr . Iacovelli ' s plan is a good plan . Chairman Aron wished the record to show that the Board members had all been up there and walked the land . Each Board member stated that , yes , they had been there . Chairman Aron stated that he too had visited the site . Chairman Aron asked the Board members if they had seen the other structures that Mr . Iacovelli has completed . The Board members each stated that they had inspected one of the completed structures inside , and both from the outside . Chairman Aron stated that it was his understanding that Mr . Iacovelli intended to duplicate those structures . Mr . Iacovelli stated that that was correct , adding that they will be brick with nice decks just like the other two . Mr . Hewett stated that he had been very impressed by the work done by Mr . Iacovelli . Mrs . Reuning stated that the completed houses were very beautiful . Mr . King wished to make sure of the occupancy requested in this case . Mr . Iacovelli stated that there were proposed to be eight persons in each house , that is , four in each apartment . Chairman Aron observed that that is what was approved in the other case in March . Mr . Iacovelli stated that it was just about: the same . Attorney Mazza pointed out that in that case the request was for and the Board approved of seven persons in each structure with a total of • five lots dedicated to the two structures . Mr . Iacovelli stated that , also , they are taking the old existing house down in 1986 , adding that the lease expires at the end of May and it is an old Zoning Board of Appeals 8 August 28 , 1985 • structure . Chairman Aron asked Attorney Mazza if he would note that in the covenants , with Attorney Mazza responding , yes . Mr . Cartee wondered , if this Appeal should be granted , if he could issue building permits while that existing house is still there . Mr . King replied that he saw no problem as long as it is in the covenants that it is to be removed . Mr . Iacovelli stated that it will be removed . Mr . Cartee wondered , as far as equipment , etc . , being on the site , if this would interfere with -the present occupants . Mr . Iacovelli stated that it would not . Mr . Hewett asked Mr . Iacovelli if the occupants of the existing house were aware of the plans , with Mr . Iacovelli responding , yes . Mr . Austen stated that he had a question with respect to how this gets recorded , or , will there still be six lots on the tax map . Mr . King asked Attorney Mazza if he will consolidate the six lots such that they should show up on the tax map as one lot . Attorney Mazza stated that they will have these six lots consolidated into one parcel . Mr . Cartee stated that he would need a tax parcel number . Mr . Cartee pointed out that the Appeal refers to 241 Pennsylvania Avenue and 146 Kendall Avenue , however , the plan shows that there will be no exit onto Kendall Avenue . Mr . Cartee stated that he would suggest that the Board call the proposal 241 Pennsylvania Avenue . Chairman Aron requested that the covenants show one address . Mr . King stated that Pennsylvania Avenue is the most logical . • Chairman Aron asked if there were any further questions . There were none . 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 the variances requested by the Owner / Appellant , James Iacovelli , permitting the construction of two residential structures , each containing two , four - bedroom , apartment units of equal size in an upstairs and downstairs configuration , on six lots shown on the Ithaca Land Company Tract as numbers 126 , 127 , 129 , 159 , 160 , and 161 , with said six lots to be consolidated into one parcel to be known as 241 Pennsylvania Avenue , and with said residential structures and parking arrangements to be as delineated on the Sketch submitted with the application dated August 12 , 1985 , and drawn by Chad Hoover , and with there being two conditions to the grant here : 1 . That the Town of Ithaca be given a restrictive covenant whereby the six lots hereinabove cited are consolidated into one parcel and that such covenant contain an agreement not to construct any other buildings on these lots without the obtaining of a building permit ; 2 . That the existing structure , which is a single family house on the southeast corner of Old Ithaca Land Company Parcel No . 127 , is to be demolished as soon as the current tenancy expires at • the end of May 1986 , the foundation to be removed and the land levelled , and further , that that undertaking is also to be contained in the restrictive covenant i Zoning Board of Appeals 9 August 28 , 1985 • which will be given to the Town of Ithaca and if not done by August 15 , 1986 , any Certificate of Occupancy for the new structures which may have been issued may be revoked until the demolition requirements have been completed , and further , that the Town of Ithaca shall be empowered to accomplish such demolition , removal , and levelling should this not be done and to charge the owner of the property for same ; 3 . That each of the four units involved shall be occupied by no more than four unrelated persons and each of the two structures by no more than eight unrelated persons . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the James Iacovelli Appeal with respect to 241 Pennsylvania Avenue duly closed at 12 : 30 p . m . Attorney Mazza and Mr . Iacovelli thanked the Board for its time and consideration . ADJOURNMENT • Upon Motion , Chairman Aron declared the August 28 , 1985 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 12 : 30 P • m - Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry Aron , Chairman .