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HomeMy WebLinkAboutZBA Minutes 1997-02-12 FINAL MIM OF awl" FINAL 0 TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY FEBRUARY 12, 1997 The following appeal was heard by the board on February 12 , 1997 : APPEALof the Paleontological Research Institute , Owner, Warren Allmon , Agent , requesting a special approval under Article VI , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 6 , 000 4 square feet addition to the northeast side of an existing museum/research institute at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24-3- 3 . 1 , Residence District R- 30 . • GRANTED WITH CONDITIONS TOW ®F t11iUU TOWN OF ITHACA � 1qZ q �M • ZONING BOARD OF APPEALS o WEDNESDAY, FEBRUARY 12, 1997 N so PRESENT : Vice Chairman Edward King , Harry Ellsworth , Ronald Krantz, Andrew Frost , Director of Building and Zoning , John Barney , Attorney for the Town . OTHERS : Warren Allmon , Anton Egner. Vice Chairman Edward King called the meeting to order at 7 : 00 p . m . , stating that all posting , publication , and notification of the public hearing had been completed and the same were in order. The following appeal to be heard by the board was as follows : APPEALof the Paleontological Research Institute, Owner, Warren Allmon , Agent, requesting a special approval under Article VI, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 61000 +!- square feet addition to the northeast side of an existing museum/research institute at 1259 Trumansburg Road, Town of Ithaca Tax Parcel No . 24=3-3. 1 , Residence District R -30 . Vice Chairman King said the Town of Ithaca Zoning Ordinance , Section 18 , Subparagraph 3 , • requires special approval for an enlargement of such buildings under Subdivision B , a public library, museum , etc . This being an enlargement of a museum this would apply under this section of the Zoning Ordinance . The main point being whether this building would be appropriate in a residential zone . Anton Egner said the purpose of this proposal is to build a building on the back of the Paleontological Research Institution ( PRI ) to store collections that are now stuffed into five storage trailers . These collections are not accessible to the public . Another reason for this expansion , is to take some of the storage out of the existing building . Mr. Egner said if anyone visited PRI , they would observe how the corridors are filled with miscellaneous collections , and one could barely move about . The collections in the storage trailers would be put Into compacted storage units . The compacted storage units are units that could be rolled , and the collections would be stored in them . There are collections in the cellar of the present building . PRI continuously receive collections by either donations or purchases . The PRI is the eighth largest collection of fossils and materials that reflect Mat has been going on for centuries , in the world . PRI is a very strong institution that is respected , and is growing . They have built their reputation locally. PRI is a dinosaur that has come to life . Vice Chairman King asked why the storage units were called compacted storage . TOWN OF ITHACA • ZONING BOARD OF APPEALS PAGE 2 FEBRUARY 12, 1997 Mr . Egner said library racks in a library would allow people to walk between them . These storage units are on rollers that are on tracks . These racks could be moved about so the isles could be used . The racks are very light to operate . The storage capacity could be increased as long as the floor could support them . Vice Chairman King asked if these racks need an isle for each of them . Mr . Egner responded , no , this could double the storage capacity. Mr. Egner said the old compactors might be moved out to give more space in the existing building . Mr. Egner showed photographs of the exterior of the existing building which shows the storage trailers and the surrounding woods . Mr. Egner said there is a little building next to the storage trailers , which is an old garage that was used for storage . The front of the building is visible from the buildings next door, Mich is the chiropractor school . Some big rocks are being collected to start a Paleontological garden in front and adjacent to the existing building . Mr. Egner pointed out on the photographs where the electric power lines are located on the border of the property. Vice Chairman King asked if there would be a parking area behind where the construction would be done . Mr. Egner responded , no . We are working on a master plan for the entire area . There would be no population change in the storage building . The people who are doing the collection stuff would be the same people. There are also volunteers at PRI . We will be working on the parking issues with the idea of having school buses visit PRI . Every other Saturday PRI is opened for the public to see exhibits . There are always different exhibits to see , and there would be tours given to people . PRI is trying to improve the conditions inside , improve the outside storage conditions , and also help with the working conditions in collections . Ronald Krantz said Mr. Egner is distinguished between this storage building that is going up and the museum . The museum is really a storage building , especially with the shelving . Mr . Egner said people cannot get into these collections to show them because they are in compacted draws together. When they are on exhibit or if someone wants them for research , they need to be collected and transported. No one will be going into the storage area except for the curator and some volunteers . PRI does not have a specific museum space at this time . The program for the museum rotates through the corridors , library , stairwells , and some other rooms to become the display area . Harry Ellsworth asked if PRI is in fire hazard with the isle being congested . Mr. Egner said people would be able to get out of each floor easily . TOWN OF ITHACA • ZONING BOARD OF APPEALS PAGE 3 FEBRUARY 1211997 Vice Chairman King said the Town Planning Board gave PRI preliminary approval subject to a few conditions , such as PRI delineating the location of the power lines , and whether PRI would be extending the existing asphalt driveway . Mr . King asked if these matters have been addressed with the Planning Board . Mr. Egner responded , no . The Planning Board wanted PRI to come back to them after talking to this board . Andrew Frost , Director of Building and Zoning , said PRI has a preliminary site plan , and would need to go back to the Planning Board for a final approval after this board's action . Vice Chairman King said the Town received a letter from the Tompkins County Commissioner of Planning, James Hanson, Jr. The letter states "The County Planning Department has one comment regarding the location of the fire hydrant on the property. " Mr. King asked Mr. Egner if he is aware of that . Mr. Egner responded , yes . PRI is within the 500 feet legal limit of the fire hydrant , which is located in front of the building shown on the site plan . The Planning Board must not have noticed the location on the site plan at their meeting . • Vice Chairman King asked if the fire hydrant would be adequate to reach the new extension . Mr. Egner responded , yes . Mr. Frost asked if the existing building has a sprinkler system . Mr . Egner responded , yes . Mr . Frost asked if that was a functioning system . Mr. Egner responded , no . Mr. Frost said this building is not required to have one , but he just wanted to know. Mr. Frost asked if the PRI building was part of the Odd Fellows Complex. Mr. Egner responded , yes , all three buildings . Mr. Frost asked what this building was used for. Mr . Egner said this building was either the girls or boys dormitory for the orphanage . The • building is reenforced concrete of a stucco structure . TOWN OF ITHACA • ZONING BOARD OF APPEALS PAGE 4 FEBRUARY 12 , 1997 Mr . Ellsworth asked if there are any distance problems with side yards . Mr. Egner said PRI has 4.9 acres , and the building is located approximately 650 feet back from the road. There is approximately 100 feet from the north property, and approximately 150 feet from the back property . The adjacent property owner parking lot is partly on the PRI 's property. PRI has just received an up to date survey of the whole property , upon which the encroachment of the parking lot was noted . John Barney, Attomey for the Town , asked what is the distance to the nearest existing property line from the building . Mr. Egner said that would be to the north . Attorney Barney said it looks like it would be approximately 25 feet . NYSEG has a 125400t power line easement there . Mr. Egner said he was referring to the existing building being 100 feet from the north property line . The new addition would be approximately 25 to 50 feet from the north property line . • Vice Chairman King asked if the old storage shed is within the power line easement strip . Mr. Egner said that is correct. The old storage shed looks like it has been there forever. There is a statement recorded in 1966 of an easement , but there is nothing that goes back any further into history on the old storage shed . There have been discussions with NYSEG , which has defined this I ust as it appears on the site plan . Vice Chairman King asked if NYSEG is aware of PRI 's proposal . Mr. Egner responded , yes . Mr. Frost asked if the power line runs along Dates Drive . Mr. Egner responded , no , Dates Drive is quite a way north of our site . Drawings only show the driveway entrance into PRI , and provides access to the building to the south . Attorney Barney asked Mr . Egner if PRI could put the new addition's north- easterly corner approximately 40 feet away from the property line . Attorney Barney said it looks like the Zoning Ordinance requires at least 40 feet for a side line . Vice Chairperson King asked if there will be a fire escape on the back of the building whether • that is the shaded area shown on the site plan . TOWN OF ITHACA • ZONING BOARD OF APPEALS PAGE 5 FEBRUARY 12, 1997 Mr. Egner responded, yes . Mr . Egner said the building would be two story with the lower floor in the ground, so it would register directly with the lower part of the existing building . The second floor would be the same registry with the second floor of the existing building . There are exits from the lower and upper floors . Mr. Frost asked if the connection to the existing building would be a stairwell . Mr . Egner responded , yes . Mr. Egner said Attorney Barney asked if the addition could be moved . PRI is doing a number of things in locating the proposed addition as shown , such as trying to keep the drainage under control . Mr. Frost asked if this addition would be characterized as an accessory structure . Mr. Egner said if he did not want to commit to this proposal , it would definitely be an accessory building . There would be a stairwell which goes between the two floors of the accessory structure itself. Vice Chairman King asked if this would make a difference to the side yard variance . • Mr. Frost responded, yes. They could get up to a three-foot setback with an accessory building . Vice Chairman King asked if the main structure would need to be at least 40 feet from the side yard . Mr. Frost responded , yes , but that makes it non-conforming . Attorney Barney said this board should be deciding on a lot line variance . The board should grant the special approval , and have PRI come back again when it is advertised as a side yard variance. This appeal was advertised as a special approval , so there is nothing wrong in granting the special approval tonight . Mr. Ellsworth asked if the side yard variance could be granted tonight . Attorney Barney said PRI would be better off having the variance formally advertised before it is granted so it would go into the building department' s records that it was granted on proper public notice . Mr. Frost asked if the board could make some type of decision tonight for advertising it for the next meeting as a public hearing . • Attorney Barney said he does not think this board has to do that . TOWN OF ITHACA • ZONING BOARD OF APPEALS PAGE 6 FEBRUARY 12 , 1997 Vice Chairman King said he is wondering why PRI would be permitted to construct the building according to their plans even though that will entail a side yard variance , for that's the way it was advertised. Mr. King asked if the variance factor would need to be spelled out the advertised notice . Attorney Barney said tonight's notice states "special approval under Article VI , Section 18 to be permitted to construct the addition . " It ought to say "and a variance , " because otherwise this board would not be notifying people . Special approval suggests it would be in compliance with the ordinance . The board would be indicating that they would be enlarging a non- conforming use , about which people need to be notified . This variance would surely not be a major issue at another meeting , and hd iti aUld #del Pllafd domfortable if it was advertised properly . Mr. Egner said the work has stopped until the approvals are given . Attorney Barney said he does not see this board turning an appeal for the variance down . Mr. Ellsworth asked Mr . Egner when would they be out to bid for the project . Mr. Egner said he would be going to a major contractor before the next meeting . He said he could try to take five feet off of the addition to give a 40-foot side yard at all points , but it would not look • very good . Attorney Barney said Mr . Egner would not need to do that . Attorney Barney asked what kind of a permit would be needed to get started . Mr. Frost said a permit would not be issued until after the application is completed . Mr . Ellsworth asked Mr. Egner when they plan to break ground . Mr . Egner said in April . Attorney Barney said PRI needs to go back to the Planning Board anyway for Final Site Plan Approval , and this variance appeal would not hold that up . The Planning Board could grant final approval conditional upon getting the variance . PRI would be on the agenda for March with the Zoning Board of Appeals. Mr. Egner should contact Mr . Kanter in the Planning Department to see when PRI could get on the Planning Board agenda . Vice Chairman King opened the public hearing . With no one present to speak , the public hearing was closed . Mr. Egner asked if this would be considered an accessory structure . • TOWN OF ITHACA • ZONING BOARD OF APPEALS PAGE 7 FEBRUARY 12 , 1997 Mr. Frost said the board is going to act on the special approval tonight , but PRI would need to go back to the Planning Board . In the meantime , there would bean advertisement for the next Zoning Board of Appeals meeting to grant the side yard variance . In the meantime , PRI would need to get specific details on the setback to have it advertised properly. ENVIRONMENTAL ASSESSMENT Vice Chairman King said the Short Environmental Assessment Form has been reviewed by the Planning Board, and receives a coordinated review by the Zoning Board of Appeals . Assistant Town Planner George Frantz reviewed the application and made comments on the Environmental Assessment Form . Mr. Frantz stated that there were no significance adverse impacts with all the particulars , such as ground water, noise level , traffic patterns , etc . There is no aesthetic , archeological, historic , or other cultural resources to adversely impact this site . The proposed addition does not conflict with the community' s existing plans or goals as officially adopted , nor does it involve the change in use or intensity of use of land , or other natural resources . There are no impacts in growth or related activities , or any other adverse accumulative effects . There is no controversy likely to be related to any adverse environmental impact . The staff recommendation is based on the review of the materials submitted , the action proposed and the scale of it , and the existing character of the site and surrounding land uses . The staff recommended a negative determination of environmental • significance for the action proposed . The property adjacent north is occupied by the Cayuga Medical Center, immediately north by the NYSEG power line easement , and the property adjacent south is a commercial office building . The woods are to the east of the proposed property. The building is at least 500 to 700 feet northeasterly of the Route 96/Trumansburg Road . The property directly across the street is utilized for a doctors office . This is not a highly residential district in this area . MOTION By Mr. Harry Ellsworth , seconded by Mr . Ronald Krantz: RESOLVED , that this board makes a negative determination of environmental significance for the proposed building addition on this property , Paleontological Research Institute at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24- 3-3 . 1 , Residence District R-30 , based on the facts and the review by Assistant Town Planner George Frantz of the Town of Ithaca Planning Department . A vote on the motion resulted as follows : AYES - King , Ellsworth , Krantz . NAYS - None . • The motion was carried unanimously . TOWN OF ITHACA • ZONING BOARD OF APPEALS PAGE 8 FEBRUARY 12, 1997 MOTION By Mr . Harry Ellsworth , seconded by Mr . Ronald Krantz: RESOLVED , that this board grant a special approval under Section 18 of the Zoning Ordinance to permit construction of a 6 , 000 +/- square foot addition for needed storage on the northeast side of the existing Paleontological Research Institute building at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24- 3-3 . 1 , Residence District R-30 , based on the findings under Section 77 , Subdivision 7 , Sub- Paragraphs a-h of the Town of Ithaca Zoning Ordinance , but conditional upon the following : a . Granting of the final site plan approval by the Planning Board . b . Granting of a variance by the Zoning Board of Appeals after proper advertising of the side yard deviation . A vote on the motion resulted as follows : AYES - King , Ellsworth , Krantz. • NAYS - None . The motion was carried unanimously. Vice Chairman King adjourned the meeting at 7 :45 p . m . . i Deborah Kelley Keyboard Specialist/ Minute Recorder Edward King , Vic Chai an TOWN OF ITHACA • AFFIDAVIT OF POSTING AND PUBLICATION I , Dani L . Holford , being duly sworn , depose and say that I am the Town of Ithaca Building and Zoning Department Secretary , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper , The Ithaca Journal . Notice of public hearincts to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall 126 East Seneca Street Ithaca New York on Wednesday , February 12 , 1997 , commencing at 7 : 00 P . M . , as per attached . Location of sign board used for posting : Bulletin board , front entrance of Town Hall . Date of posting : February 3 , 1997 Date of publication : February 7 , 1997 Dani L . Holford , Building an Zoning Department Secretary , Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 7th day of February , 1997 . �Ajot Y4 lic :yam+Ta ! 5� `1 � AC •`, fiHLIG ^ r- !ti EIN YORK �T •646 427 • FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , FEBRUARY 12 , 1997 7 : 00 P . M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , February 12 , 1997 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of the Paleontological Research Institute , Owner , Warren Allmon , Agent , requesting a special approval under Article VI , Section 18 of the Town of Ithaca . Zoning Ordinance , to be permitted to construct a 6 , 000 ± square foot addition to the northeast side of an existing museum / research institute at 1259 Trumansburg Road , Town of Ithaca Tax Parcel No . 24 - 3 - 3 . 1 , Residence District R- 30 . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated : February 3 , 1997 Publish : February 7 , 1997 •