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HomeMy WebLinkAboutZBA Minutes 1992-02-12 f,� FILED TOWN OF ITHACA Dste � TOWN OF ITHACA Clerk ZONING BOARD OF APPEALS FEBRUARY 12 , 1992 THE FOLLOWING MATTERS WERE HEARD ON FEBRUARY 12 , 1992 BY THE BOARD . APPEAL OF NOEL DESCH , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTION 23 , OF THE TOWN OF ITHACA ZONING ORDINANCE WITH RESPECT TO A 68 . 49 , + OR — ACRE PARCEL OF LAND 60 FEET WIDE AT BOTH THE STREET LINE ( 100 FEET BEING REQUIRED ) AND AT THE MAXIMUM REQUIRED FROM YARD SETBACK LINE ( 150 FEET BEING REQUIRED ) . SAID PARCEL IS LOCATED ON . A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 --- 46 - 1 - 15 . 2 ON THE SOUTHWEST SIDE OF CODDINGTON ROAD , SOUTHEASTERLY OF ITS INTERSECTION WITH BURNS ROAD ; RESIDENCE DISTRICT R- 30 . GRANTED WITH CONDITIONS . APPEAL OF EDWARD SCHILLING , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTION 21 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A HOME WITH A 40 ( + OR - ) FEET REAR YARD BUILDING SETBACK ( 50 FEET BEING REQUIRED ) , TO BE LOCATED ON A RECENTLY SUBDIVIDED PARCEL OF LAND , LOCATED ON THE WEST SIDE OF TRUMANSBURG ROAD , OPPOSITE OF WOOLF LANE , ON A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 14 . 2 ; AGRICULTURAL DISTRICT ( RESIDENCE DISTRICT R- 30 REGULATIONS APPLY ) , ADJOURNED TO FEBRUARY 26 , 1992 . APPEAL OF SANDRA L . HERNDON AND DOUGLAS S . TREADO , APPELLANTS , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 16 , WITH RESPECT TO A RECENTLY SUBDIVIDED PARCEL OF LAND 89 . 80 ( + OR - ) FEET WIDE AT THE MAXIMUM FRONT YARD SETBACK LINE ( 100 FEET BEING REQUIRED ) . SAID LOT IS LOCATED AT 501 ELM STREET EXTENSION , A 3 . 0 ( + OR - ) ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 29 - 7 - 11 ; RESIDENCE DISTRICT R- 15 . GRANTED WITH CONDITIONS . APPEAL OF CORNELL UNIVERSITY , APPELLANT , PRISCILLA NOETZEL -WILSON , AGENT , REQUESTING THE SPECIAL APPROVAL OF THE ZONING BOARD OF APPEALS FOR THE CONSTRUCTION OF A TENNIS FACILITY INCLUDING 6 INDOOR AND 6 OUTDOOR TENNIS COURTS PROPOSED TO BE LOCATED ON PINE TREE ROAD , APPROXIMATELY 400 FEET SOUTH OF ELLIS HOLLOW ROAD ON TOWN OF ITHACA TAX PARCELS NO . 6 - 60 - 1 - 8 . 2 , - 6 , AND 9 . 1 ; RESIDENCE DISTRICT R- 30 . THE SPECIAL APPROVAL IS REQUESTED UNDER ARTICLE V . SECTION 18 , PARAGRAPH 3 , OF THE TOWN OF ITHACA ZONING ORDINANCE . SAID PROJECT HAS RECEIVED A POSITIVE RECOMMENDATION , WITH CONDITIONS , FROM THE PLANNING BOARD ON DECEMBER 17 , 1991 . SPECIAL APPROVAL GRANTED WITH CONDITIONS ; REQUEST FOR HEIGHT VARIANCE TO BE HEARD ON FEBRUARY 26 , 1992 . 0 FILED TOWN OF ITHACA Date, Town of Ithaca Clerk 1 Zoning Board of Appeals �- February 12 , 1992 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 12 , 1992 PRESENT . Chairman Edward Austen , Robert Hines , Joan Reuning , Edward King , Town Attorney John Barney . Zoning Enforcement Officer / Building Inspector Andrew Frost , ABSENT . Pete Scala . OTHERS : Gertrude Emerson , Florence VanNortwick , Mr . & Mrs . Allen Cropf , Ed Schilling , John Desch , Mr . & Mrs . G . J . Vignaux , Sandra L . Herndon , Douglas S . Treado , Tim Whitney , Priscilla Noetzel - Wilson , Sandy Tallant , Bill Szabo , Bill Austin , John Gutenberger , Tracey Nichol , Larry Fabbroni , Tim Whitney . Chairman Austen opened the meeting at 7 : 05 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were • in order . The first matter to be heard by the Board was the following : APPEAL OF NOEL DESCH , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTION 23 , OF THE TOWN OF ITHACA ZONING ORDINANCE WITH RESPECT TO A 68 . 49 ( + OR - ) ACRE PARCEL OF LAND 60 FEET WIDE AT BOTH THE STREET LINE ( 100 FEET BEING REQUIRED ) AND AT THE MAXIMUM REQUIRED FRONT YARD SETBACK LINE ( 150 FEET BEING REQUIRED ) . SAID PARCEL IS LOCATED ON A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 46 - 1 - 15 . 2 ON THE SOUTHWEST SIDE OF CODDINGTON ROAD , SOUTHEASTERLY OF ITS INTERSECTION WITH BURNS ROAD ; RESIDENCE DISTRICT R - 30 , Mr . King asked that it be noted in the record that at one time he represented Mr . Desch but that he has not counseled him on this matter . Therefore , he will hear the appeal . Mr . Hines stated that some years ago he represented a client in litigation involving this property but he has no feelings about the matter so he will also hear the appeal . Town Attorney Barney stated that he has also represented some of Mr . Desch ' s family over the years . • Mr . John Desch , representing his father , presented an aerial photo of the property in question and spoke to the Board regarding the variance that is being requested . Town of Ithaca 2 Zoning Board of Appeals February 12 , 1992 Mr . Desch stated that he will be living in the house that is to be built on the property . He is not sure at this time how the driveway will be built to the property . For clarification , Mr . Frost explained that prior to the subdivision , the parcel would have met the requirements because it included the three - acre parcel , but now , through the subidivision they have created a non - conforming building lot with the remaining seventy acres . Discussion followed on the possibility of a road being built there and what would be the best place to locate such a road . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen read a note from Mr . Noel Desch regarding the variance that is being requested . The referenced note is attached hereto as Exhibit # 1 . Chairman Austen closed the public hearing . Chairman Austen stated that the Planning Board made a negative determination of environmental significance for the subdivision of this land . 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 Article V , Section 23 , of the Town of Ithaca Zoning Ordinance with respect to the remaining lands of Noel Desch , being 60 feet wide at both the street line ( 100 feet being required ) and at the maximum required front yard setback line ( 150 feet being required ) , with the following finding and conditions : 10 there will be no building placed on the 60 - foot access strip that is 60 ' wide and 300 ' deep to the center line of Coddington Road ; 2o that the Board is not approving the mapped 60 ' x 330 ' as a building lot but is approving it as adequate remaining access to the remaining 69 acres . 3a that no construction shall occur within 380 feet of the center line of Coddington Road or within 50 feet southwest from the south corner of the 3 - acre parcel . r Town of Ithaca 3 Zoning Board of Appeals February 12 , 1992 4a that the Zoning Board of Appeals adopt the conditions of the Planning Board Resolution of January 7 , 1992 . 5o that no one appeared in opposition to the proposal . A vote on the motion resulted as follows : Ayes - King , Reuning , Austen , Hines . Nays - None . The motion was carried unanimously . ( The referenced Resolution is attached hereto as Exhibit # 2 . ) The next matter to be heard by the Board was the following : APPEAL OF EDWARD SCHILLING , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTION . 21 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A HOME WITH A 40 ( + OR - ) FEET REAR YARD BUILDING SETBACK ( 50 FEET • BEING REQUIRED ) , TO BE LOCATED ON A RECENTLY SUBDIVIDED PARCEL OF LAND , LOCATED ON THE WEST SIDE OF TRUMANSBURG ROAD . OPPOSITE OF WOOLF LANE , ON A PORTION OF TOWN OF ITHACA TAX PARCEL N0 . 6 - 24 - 1 - 14 . 2 ; AGRICULTURAL DISTRICT ( RESIDENCE DISTRICT R- 30 REGULATIONS APPLY ) . Mr . Edward Schilling appeared before the Board . He explained that the reason for requesting the variance is that there is a potential drainage problem if they do not set the house as high as possible on the lot in question . Chairman Austen read a memorandum from Town Engineer Dan Walker to Andrew Frost regarding the drainage plan evaluationfor the Schilling property . The referenced memorandum is attached hereto as Exhibit # 3 . Chairman Austen opened the public hearing . Mr . George Vignaux , 1470 Trumansburg Road , stated that this property was originally a 1 . 85 acre lot that was subdivided into two lots . At the time of the request for subdivision it was noted that there were drainage problems on the lot . He stated that , as the contiguous neighbor , he is not pleased to have a house pushing his property at that point . Mr . Hines asked Mr . Vignaux if he had presented his arguments to the Planning Board at the time the property was subdivided . Town of Ithaca 4 Zoning Board of Appeals February 12 , 1992 Mr . Vignaux stated that he was not in Town for that meeting but his wife presented the argument that the land was wet ; that water went through there , and she had expressed negative reaction to it being subdivided from 1 . 85 acres to two lots . Discussion followed on the elevation and the slope of the property that Mr . Schilling wants to build on , with Mr . Schilling answering questions from Board members . MOTION By Mr . Edward King , seconded by Mr . Robert Hines : RESOLVED , that the matter of the request of . Mr . Edward Schilling for a variance from the requirements of Article V . Section 21 , of the Town of Ithaca Zoning Ordinance to permit the construction of a home with a 40 ( + or - ) foot rear yard building setback , to be located on a recently subdivided parcel of land , located on the west side of Trumansburg Road , on a portion of Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 14 . 2 , be adjourned for continuation of, the public hearing and consideration of the matter until February 26 , 1992 . A vote on the motion resulted as follows . Ayeso - Hines , King , Austen , Reuning . Nays - None . The motion was carried unanimously . The next matter to be heard by the Board was the following : APPEAL OF SANDRA L . HERNDON AND DOUGLAS S . TREADO , APPELLANTS , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 16 , WITH RESPECT TO A RECENTLY SUBDIVIDED PARCEL OF LAND 89 . 80 ( + OR - ) FEET WIDE AT THE MAXIMUM FRONT YARD SETBACK LINE ( 100 FEET BEING REQUIRED ) . SAID LOT IS LOCATED AT 501 ELM STREET EXTENSION , A 3 . 0 ( + OR - ) ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO , 6 - 29 - 7 - 11 ; RESIDENCE DISTRICT R - 15 . Ms . Sandra Herndon and Mr . Douglas Treado both appeared before the Board . They explained that they wish to offer for sale a three - acre plot of land , undivided , for the building of a home . The road frontage of said land is 89 . 80 whereas currently 100 feet is required . Chairman Austen opened the public hearing . Town of Ithaca 5 Zoning Board of Appeals February 12 , 1992 Ms . Florence VanNortwick , next door neighbor of the lot in question , spoke to the Board in opposition to the proposal . Ms . Gertrude Emerson , 505 Elm Street , stated that they are all opposed to any change of Article IV , Section 16 , page 9 . She stated the requirements were made to benefit the people in the Town of Ithaca to keep a rural setting ; otherwise we will be like a mini - city . Mr . Allen Cropf , next door neighbor , stated that it was his understanding that there had to be a driveway there and one house on the three lots ; there could not be three houses . He referred to the problem of water running under the property in question . Chairman Austen read from the resolved clause of the Adopted Resolution of the Planning Board on January 7 , 1992 . The referenced Resolution is attached hereto as Exhibit # 4 . Mr . Treado stated that they do not intend to develop the three acres and they have never intended to put more than one house on the lot . He said that they are very interested in retaining the country atmosphere and certainly one house on three acres seemed to be more than ample area . Mr . King asked Mr . Treado if he were aware of the water problems with drainage in that area . Mr . Treado responded that the land slopes southward . He did not think there is a problem . Discussion followed on how far back a house on that lot should be sited . Chairman Austen closed the public hearing . MOTION By Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adopt the findings that the Planning Board made and that the Board grant and hereby does grant a variance to permit the use of the three - acre subdivided lot , as shown on the November 6 , 1991 map , referred to in the Planning Board ' s Resolution , subject to : 14 the same conditions as imposed by the Planning Board , namely : an that the three - acre lot will not be further subdivided . Town of Ithaca 6 Zoning Board of Appeals February 12 , 1992 b . that before any building permit is granted for this three acre parcel , the Town Engineer must examine and approve the location of any structure and plans for drainage to insure that there will be no adverse impact on the adjoining parcels . 2o that the three - acre lot will be used for the construction of only one residence on said lot . 3 . The variance granted herein permits the width of the lot at the maximum front yard setback line , which is 50 feet south of the south line of the road , to be only 89 . 8 feet wide instead of the 100 feet required . 4 . - The variance granted herein is further conditioned such that , in the event the developer of the lot should site the residence within 125 feet south of the south line of Elm Street Extension , such siting would then have to adhere to increased sideyard building setbacks requirements , being a total of 10 ( 5 feet on each side ) ® feet greater than those which are required by the Ordinance . A vote on the motion resulted as follows : Ayes - King , Reuning , Austen , Hines . Nays - None . The motion was carried unanimously . The last matter to be heard by the Board was the following : APPEAL OF CORNELL UNIVERSITY , APPELLANT , PRISCILLA NOETZEL - WILSON , AGENT , REQUESTING THE SPECIAL APPROVAL OF THE ZONING BOARD OF APPEALS FOR THE CONSTRUCTION OF A TENNIS FACILITY INCLUDING 6 INDOOR AND 6 OUTDOOR TENNIS COURTS PROPOSED TO BE LOCATED ON PINE TREE ROAD , APPROXIMATELY 400 FEET SOUTH OF ELLIS HOLLOW ROAD ON TOWN OF ITHACA , TAX PARCELS NO . 6 - 60 - 1 - 8 . 2 , - 6 , AND 9 . 1 ; RESIDENCE DISTRICT R- 30 . THE SPECIAL APPROVAL IS REQUESTED UNDER ARTICLE V , SECTION 18 , PARAGRAPH 31 OF THE TOWN OF ITHACA ZONING ORDINANCE . SAID PROJECT HAS RECEIVED A POSITIVE RECOMMENDATION , WITH CONDITIONS , FROM THE PLANNING BOARD ON DECEMBER 17 , 1991 . Town Attorney Barney stated that when the advertising for the public hearing was printed , it was overlooked that there was also a height variance required , as well as the special approval . • Town of Ithaca 7 Zoning Board of Appeals February 12 , 1992 Attorney Barney suggested that Cornell go ahead with their presentation tonight with the understanding that the Board will listen to both the height variance and special approval on February 26th , after which time the public will have been notified of the height variance requirement . Ms . Priscilla Noetzel - Wilson , Project Manager working for Architectural Services at Cornell , spoke to the Board regarding the proposed project . She stated that the project is thought of as a replacement for the tennis bubble on Kite Hill . Ms . Noetzel - Wilson explained that there will be physical education classes held in the building . There would also be practice sessions for the Cornell tennis teams held until approximately 9 p . m . She said the facility is supposed to open around 7 a . m . and remain open until midnight during the academic year for members . Further , in the summertime there will be tennis clinics held , primarily on the outdoor courts . She stated that there will be intercollegiate play taking place ; Ivy League matches , and the managers are trying to get together three large tournaments ; one in the Spring and two in the Fall . • Mr . Tim Whitney , from Sasaki Associates , spoke to the Board regarding the site plan for the proposed tennis facility . He stated that the height variance is based on the interior grade as defined in the Zoning Ordinance , which is also the finished grade on the back side of the building . What you see on the street side is actually four feet less in height from the rear . Further discussion followed with Ms . Noetzel - Wilson and Mr . Whitney answering questions from Board members . Mr . Whitney stated that this will be approximately a $ 3 . 5 million project . He presented plans of the proposed project for the Board to review and explained the need for the ventilation fans , which are one of the main reasons for the need of the height variance . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Chairman Austen referred to two letters ; one from the Tompkins County Department of Planning , dated October 16 , 1991 and one from the Tompkins County Engineering Department , dated November 15 , 1991 . The referenced letters are attached hereto as Exhibits # 5 and # 6 . Town of Ithaca 8 Zoning Board of Appeals February 12 , 1992 Environmental Assessment MOTION By Mrs . Joan Reuning , seconded by Mr . Edward King . RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance on the Appeal of Cornell University for a Special Approval for the construction of a tennis facility including 6 indoor and 6 outdoor tennis courts proposed to be located on Pine Tree Road , approximately 400 feet south of ' Ellis Hollow Road on Town of Ithaca Tax Parcels No . 6 - 60 - 1 - 8 . 2 , - 6 , and 9 . 1 , Residence District R - 30 , upon the findings of George Frantz , Asst . Town Planner , the Town Planning Board , and based also upon the very complete presentation by the applicants . A vote on the motion resulted as follows . Ayes - Reuning , Austen , King , Hines . Nays - None . • Further discussion followed between Board members and Cornell representatives regarding the proposed tennis facility . MOTION By Mr . Robert Hines , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board grant and hereby does grant to the applicant , Cornell University , Special Approval for the construction of an indoor and outdoor tennis facility as described in their proposal and pictured on their diagrams as submitted to the Board , based upon the factual series of findings in the presentation of Mr . Szabo with respect to the tennis program at Cornell University which functions as part of its general educational and University program , and the findings and conditions of the Planning Board made with respect to the Site Plan on December 17 , 1991 , and the findings which have previously been referred to as Part II , Project Impacts and Magnitude , dealing with the environmental and aesthetic considerations , and traffic considerations , and be it further RESOLVED , that the Board adopts the letter from the Tompkins County Engineering Department with respect to impact on highway traffic and adjacent streets , all of the foregoing with the following findings : • Town of Ithaca 9 Zoning Board of Appeals February 12 , 1992 1 . that no one appeared in opposition to the proposal for the tennis court facility . 2 . that there is a need for the proposed use and this is a suitable location for said facility . 3 . that the existing and probable future of the neighborhood will not be adversely affected and the proposed change is in accordance with a comprehensive plan of development of the Town . A vote on the motion resulted as follows . Ayes - Hines , King , Reuning , Austen . Nays - None . The motion was carried unanimously . The Resolution of the Planning Board of December 17 , 1992 is attached hereto as Exhibit V . ADJOURNMENT The meeting adjourned at 10 : 45 p . m . Connie J . Holcomb Recording Secretary APPROVED . 2 Ccs+ Edward Austen , Chairman • Requested area variance to tax parcel46- 1 - 15 .2 The Town of Ithaca Planning Board granted final subdivision approval to a 3 acre lo4 a portion of the larger 77+ acre tax parcel on January 7, 1992 The approval was subject to any variances needed on the remaining lands. No variances are needed for the 3 acre parcel. The variance applied for involves the amount of frontage on public roads. Instead of the requisite 150 feet in an R-30 zone the remaining lands would have 110 feet by virtue of an existing access to Updike Road and the 60 foot right of way being created by this subdivision on Coddington Road The Planning Board in its deliberations looked at the possibility of providing the extra 40 feet needed by widening the access from Coddington Road from the 60 feet proposed. They concluded that this would push the positioning of the house into the woods causing unnecessary environmental disruption. Similiarly a positioning of the 40feet along the west property line next to an already developed area in the ravine would serve little useful purpose. The planning board concluded that the shape and location of the 3 acre lot as proposed offered the best configuration. The issuance of the variance does not in any way prejudice the future use of the remaining land since the required number of access points is provided and if developed future parcels would have access to future dedicated public roads. • • Noel and Janet Desch / Montgomery and Eleanor May - 2 - Two - Lot Subdivision Southwest Side , Coddington Road ; Southeasterly of Intersection with Burns Road • Final Subdivison Approval Planning Board , January 7 , 1992 ADOPTED RESOLUTION : Noel and Janet Desch /Montgomery and Eleanor May Two - Lot Subdivision Southwest Side , Coddington Road ; Southeasterly of Intersection with Burns Road Final Subdivision Approval Planning Board , January 7 , 1992 MOTION by Mr . Robert Ken erson , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of a 3 . 06 ± acre parcel from Town of Ithaca Tax Parcel No . 6 - 46 - 1 - 15 . 2 , 71 . 55 ± acres total , located on the southwest side of Coddington Road , southeasterly of its intersection with Burns Road , Residence District R- 30 , 2 . This is an Unlisted action for which the Town of Ithaca Planning Board , acting as Lead Agency in environmental review , has , on January 7 , 1992 , made a negative determination of environmental significance . • 3 . The Planning Board , at Public Hearing on January 7 , 1992 , has reviewed the Short Environmental Assessment Form and an environmental assessment of the proposed action prepared by the Assistant Town Planner , a plat entitled " Map of Survey : Parcel of Land to be Conveyed by Noel & Janet G . Desch and Eleanor P . & Montgomery May " , dated October 31 , 1991 , prepared by Robert E . Russler Jr . , L . S . , and other application materials . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board waive and hereby does waive certain requirements for Preliminary and Final Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board , 2 . That the Planning Board grant and hereby does grant Final Subdivision Approval to the subdivision as shown on the plat entitled " Map of Survey : Parcel of Land to be Conveyed by Noel & Janet G . Desch and Eleanor P . & Montgomery May " , dated October 31 , 1991 , prepared by Robert E . Russler Jr . , L . S . , subject to the following conditions : • a . Approval of on - lot water and sewer facilities by the Tompkins County Department of Health , prior to the issuance of any building permits . a2 Noel and Janet Desch /Montgomery and Eleanor May - 3 - Two - Lot Subdivision Southwest' Side , Coddington Road ; Southeasterly of Intersection with Burns Road • Final Subdivison Approval Planning Board , January 7 , 1992 b . The granting of any required variances by the Zoning Board of Appeals , prior to the issuance of any building permits . Aye - Grigorov , Kenerson , Baker , Smith , Aronson . Nay - None . CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . January 14 , 1992 . - TOWN OF ITHACA ENGINEERING REVIEW MEMORANDUM • T0 : Andy Frost , Code Enforcement Officer FROM : Dan Walker , Town Engineer SUBJECT : Drainage Plan Evaluation for Schilling Property DATE : February 5 , 1992 One of the conditions of the Planning Board subdivision approval for Tax Parcel No . 6 - 24- 1 - 14 . 2 was approval of the site drainage plan by the Town Engineer prior to issuance of a building permit . The Town Engineering staff has reviewed the drainage and house location plan proposed by Mr . Schilling , and has assisted the landowner with a survey check of the drainage for the lot . The resultant plan consists of a shallow diversion ditch to be constructed during site grading after the foundation excavation . The Town Engineering Department field check confirms that this diversion plan is acceptable for protection of the building site and will not cause any adverse effect on the general drainage for the area . Specifically , no additional drainage will be directed across adjoining lands if the diversion is constructed as proposed . The Town Engineering staff will field check the actual construction to ensure compliance with this plan . In support of the applicant ' s request for a variance to permit • construction of a home with a 40 ' rear yard setback , the field check of the site showed that the proposed house location is on a better drained portion of the site and minimizes construction activity in a less well - drained lower portion of the site . The proposed location of the house also allows saving several large pine trees on the lot . SCHLLNG/REVMEMO ( 02 /05 / 92 ) DRW/ xc : Carolyn Grigorov , Planning Board Chair Floyd Forman , Town Planner Edward Austen , Zoning Board of Appeals Chair • /74 Sandra L . Herndon / Douglas S . Treado Two - Lot Subdivision - 2 - 501 Elm Street Extension Final Subdivision Approval Planning Board , January 7 , 1992 WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of a 3 . 0 ± acre parcel from Town of Ithaca Tax Parcel No . 6 - 29 - 7 - 11 , 9 . 8 ± acres total , located at 501 Elm Street Extension , Residence District R- 15 . 2 . This is an Unlisted action for which the Town of Ithaca Planning Board , acting as Lead Agency in environmental review , has , on January 7 , 1992 , made a negative determination of environmental significance . 3 . The Planning Board , at Public Hearing on January 7 , 1992 , has reviewed the Short Environmental Assessment Form submitted by the applicant and an environmental assessment of the proposed action prepared by the Assistant Town Planner , a proposed plat entitled " Map Showing a Portion of Lands of Douglas S . Treado and Sandra L . Herndon " , dated November 6 , 1991 , prepared by Milton A . Greene , L . S . , and other application materials . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board waive and hereby does waive certain requirements for Preliminary and Final Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board . 2 . That the Planning Board grant and hereby does grant Final Subdivision Approval for the proposed subdivision of a 3 . 0 ± acre parcel from Town of Ithaca Tax Parcel No . 6 - 29 -.7 - 11 , 9 . 8 ± acres total , located at 501 Elm Street Extension , as shown on the plat entitled " Map Showing a Portion of Lands of Douglas S . Treado and Sandra L . Herndon " , dated November 6 , 1991 , prepared by Milton A . Greene , L . S . , subject to the following conditions : a . Approval of any required variances by the Town of Ithaca Zoning Board of Appeals . b . There shall not be any further subdivision of the subject three - acre parcel . c . Before any building permit is granted on either parcel , the Town Engineer shall approve the location of any structure and plans for drainage to assure that there will be no adverse impacts on the adjoining parcels . • Aye - Grigorov , Kenerson , Baker , Smith , Aronson . Nay - None . / Z I / Sandra L . Herndon / Douglas S . Tre ado Two - Lot Subdivision . 3 - 501 Elm Street Extension Final Subdivision Approval Planning Board , January 7 , 1992 • CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . January 13 , 1992 . • • Tompkn "s ;Cou >r;aty DEPARTMENT OF' PLANNING Biggs Building A, 301 Harris B 'Dates Drive New Ithaca, z Yoik.94850 F•r James W. Hanson, Jr. kx � � rle Y ✓ G Commissioner of Planning Telephone (607) 274-5360 October 16, 1991 Mr, Edward Austen, Chairperson Town of Ithaca Zoning Board of Appeals 126 E . Seneca Street Ithaca, NY 14850 RE : Cornell Tennis Facility Dear Mr. Austen : The Planning Department has completed the SEQRA review of Part I of the Long Environmental Assessment Form and copies of the proposed site plan and building elevation for the above, referenced project. We have two concerns with the environmental impact of the proposed project. First, the . combination of Rhinebeck soils (RkB) and 0-2 feet depth to water table with additional impervious surfaces is likely to increase surface runoff from the site, unless the water is detained. Second, erosion control measures should be utilized during construction given the proximity of the site to the Six Mile Creek tributary. In addition to the above comments , we concur with the designation of the Town of Ithaca Zoning Board of Appeals as Lead Agency. Please keep us informed of the progress of the Cornell Tennis Facility project. Sincerely, James Hanson , Jr. Commissioner • i t foo Recycled paper A Division of Public Works TOMPKINS4COUNTY°: ENGINEERING William J . Mobbs ' K James T. Kazda, P . E . Commissioner of Public Works µ " ' Sr. Civil Engineer November 15 , 1991 Mr. Edward Austin , Chairperson Town of Ithaca Zoning Board of Appeals Town of Ithaca 126 East Seneca Street Ithaca , NY 14850 Re: Letter dated September 24 , 1991 Cornell University Tennis Center State Environmental Quality Review Act • Dear Mr. Austin : Please be advised that the referenced letter has been received and reviewed by Tompkins County Department of Public Works . We concur with the designation of the Town of Ithaca Zoning Board of Appeal as lead agency with respect to this project. We have been working closely with the Architectural Services staff of Cornell University with respect to the impacts of the proposed tennis center on our highway facilities . It is our opinion that there will be no significant adverse impacts on our highway facilities . Sincerel Ja a , P . E . Sr. Civil En r JTK: bw xc: W. J . Mobbs Priscilla Noetzel -Wilson Bostwick Road , Ithaca, NY 14850 607 - 273-4262 FAX 607 - 272-8489 6 Recycled paper �r ; Cornell University Tennis Center - 1 - Off Pine Tree Road Recommendation to the Zoning Board of Appeals and • Approval of Site Plan Planning Board , December 17 , 1991 * * * * * * * * * * * * * * * * * * * * * ADOPTED RESOLUTION : Cornell University Tennis Center Off Pine Tree Road Recommendation to the Zoning Board of Appeals and Approval of Site Plan Planning Board , December 17 , 1991 MOTION by Mr . Robert Kenerson , seconded by Mr . James Baker . WHEREAS : 1 . This action is the Consideration of a Report to the Zoning Board of Appeals with respect to a request for Special Approval , pursuant to Article V , Section 18 , Paragraph 3 , of the Town of Ithaca Zoning Ordinance , for the proposed Cornell University Tennis Center , proposed to be located off Pine Tree Road approximately 400 feet south of Ellis Hollow Road , Town of Ithaca Tax Parcels No . 6 - 60 - 1 - 8 . 2 , - 6 , and - 9 . 1 , Residence District R- 30 . 2 . This is a Type I action for which the Town of Ithaca Zoning Board • of Appeals is legislatively determined to act as Lead Agency for environmental review . The Town of Ithaca Planning Board is an involved agency in coordinated review . 3 . The Planning Board , at Public Hearing on September 17 , 1991 , November 5 , 1991 , and December 17 , 1991 , has reviewed a proposed site plan prepared by Sasaki Associates , Inc . , dated June 14 , 1991 , revised June 27 , 1991 ; building elevations and other drawings submitted by Cornell University , including a number of alternative. site plans showing the proposed structure and other on - site improvements in a number of different locations ; Parts I , II , and III of the Long Environmental Assessment Form ; and other submissions related to this proposal . 4 . The Town Planning Department has recommended that a negative determination of environmental significance be made for this action . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action as proposed . 2 . That the Planning Board , in making recommendation to the Zoning • Board of Appeals , determine and hereby does determine the following : a . There is a need for the proposed use in the proposed location . Cornell University Tennis Center - 2 - Off Pine Tree Road Recommendation to the Zoning Board of Appeals and • Approval of Site Plan Planning Board , December 17 , 1991 b . The existing and probable future character of the neighborhood will not be adversely affected . c . The proposed change is in accordance with a comprehensive plan of development of the Town . 3 . That the Planning Board report and hereby does report to the Zoning Board of Appeals its recommendation that the request for Special Approval for the proposed Cornell University Tennis Center , proposed to be located off Pine Tree Road approximately 400 feet south of Ellis Hollow Road , Town of Ithaca Tax Parcels No . 6 - 60 - 1 - 8 . 2 , - 6 , and - 9 . 1 , be approved as shown on the site plan prepared by Sasaki Associates , Inc . , dated June 14 , 1991 , revised June 27 , 1991 , subject to the following conditions : 1 . Approval by the Town Planner of a final landscaping plan and planting schedule which substantially conform to the landscaping shown on the site plan prepared by Sasaki Associates , Inc . , dated June 14 , 1991 , revised June 27 , 1991 , prior to issuance of any building permit . 2 . Inclusion in the final site plan of provisions for temporary overflow parking for a minimum of 40 vehicles , to be available as needed in addition to the 46 spaces proposed as part of the project and the 50 spaces available in the Equestrian Center visitors ' parking lot , prior to issuance of any building permit . 3 . Approval by the Town Engineer of the stormwater management facilities plans , final grading plans , , and sediment and erosion control plans , prior to the issuance of any building permit . AND , BE IT FURTHER RESOLVED : That the Planning Board approve and hereby does approve the referenced site plan as a final site plan , subject to the conditions set forth herein and further conditioned upon the granting by the Zoning Board of Appeals of the requested Special Approval . Aye - Grigorov , Kenerson , Baker , Langhans , Lesser , Smith , Aronson . Nay - None . CARRIED UNANIMOUSLY . Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . January 7 , 1991 . FINAL AFFIDAVIT OF PUBLICATION • THE ITHACA JOURNAL State of New York , Tompkins County , ss . : Gail Sullins beim_ duly sworn , deposes and says , that she/he resides in Ithaca , county and state aforesaid and that she/ he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid , and that a notice . of which the annexed is a true copy , was published in said paper and that the first publication of said notice was on the �ay of 19 -1 Subsc ' ed and sworn to before lne , this 7 day ot, 19 re uirements of Article IV, all PPersons, m support of such Article V Section 23 , of the q , makerti,o� objections thereto. Town of Ithaca Zoning Ordi- Section 16 with respect to a Persons"�mo 6 ear b — —�� nonce with respect : to orecently 'su�sdivided . parcel of_ a rill fin'personP' ' y 68 .49± acre parcel of land land 89. 80± feet wide at,the 9 ikw Andrew S: Frost maximum front and setback ' r - : •. -.f� . 60 feet wide at both the street • y Buildm Inspedor/Zoning Notary 1 line ( 100 feet being required) line ' (100 feet being tt � enforcement Officer and at the maximum required qquire • Soid lot is located at . ; •, r; , ;;F. ., •273-1747 front yard setback line ( 150501 _m Street Extension, ° Feb�uar 7; 1992 ` JEAN FORD feet being required) . Said 3 .0` acre portion of Town of. y. porcel •is located on a portion Ithaca Tax - Parcel No . Notary Public, State of New York of Town of Ithaca Tax Porcelli-29.7-11 ; Residence District ) No. 6.46. 1 . 15 .2 • on the R• 15 : No. 4654410 southwest side of Coddington APPEAL of Cornell Uni- Road, 'southeasterly ,of its in- versify, • Apppellant, Priscilla) Qualified in TOmp': ins COuni';.%� tersidenc with Burns Road; queting the , pecialt; 'Are ``���� Residence District R-30. . . questing the , Special ' -A i APPEAL . of , Edwaidproval of the Zoning Board' Commission expires May 31; I91 Schilling, " Appellont, re- of ;;Appeals for . . the con! questing a variance from the struction of a tennis focilitjl requirements of. •Article ' _V including 6 ihdoor.and 6 out- Section 21 , of the Town" oldoor' tenmi courts ' proposed � Ithaca Zoning Ordinance to to be. located on Pine Tree - permit the construction of a Road, a proximately 400 of the Zoning Board of Ap- , home_ with a 40± feet rear feet south of Ellis Hollow' Peals NOTICE is HEREBY yard building setback (50 Road on Town of Ithaca Tax GIVEN that Public Hearings feet being -required) , to be Parcels No . . 6-60- 1 .8 . 2 ,-6, will be held by the Zoning located on a recently sub- and 9 . 1 ; Residence District Board of Appeals of the Town divided parcel of land, Io- R-30. The Special Approval of Ithaca on Wednesday, toted on the west side of is requested under Article V February 12 , 1992, in Town Trumansburg Road, opposite Section 18 , Paragraph 3 , of • Hall, 1 Z6 East Seneca Street, of Woolf Lane, on a portion the Town of Ithaca • Zoning WEST Floor, REAR Entrance, of Town of Ithaca Tax Parcel Ordinance. Said project has TOWN OF ITHACA ZON- WEST Side , Ithaca . N .Y. , No. 6.24. 1 - 14 . 2 ; Agricul• received a positive recom- ING BOARD OF APPEALS COMMENCING Al 7:00 tural District (Residence Dis mendation, with conditions, NOTICE O F PUBLIC P.M. , on the following mat- trict R-30 regulations apply) .. from the Planning Board on HEARINGS , WEDNES - tern: APPEAL of Sandra ' . December 17, 1991 . ' . DAY, FEBRUARY 12 , APPEAL of Noel Desch, Herndon and Douglas S. Said Zoning Board of Ap- 1992, 7:00 P,M, Appellant, requesting a vori- Treado , Appellants , re- peols will at said time, - 7:00 BY direction of the chairman once from the requirements of questing a variance from. the p.m., and said place, . hear