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HomeMy WebLinkAboutZBA Minutes 1997-09-10 TOWN OF ITHACA ZONING BOARD OF APPEALS ALi NOTICE OF PUBLIC HEARINGS WEDNESDAY, SEPTEMBER 10, 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, September 10, 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 William L. Hildreth, Appellant, requesting variances from Article V, Section 20 and 21 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a storage building/garage within the required front yard and within 6 feet of a side lot line at 1415 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-2- 1 . 1 , Residence District R-30 . Storage buildings are required to be located in rear yards only. Garages, when located in the front yard, must be located at least 30 feet back from the road right-of-way line, and must be at least 15 feet from a side lot line. APPEAL of Cornell University, Appellant, Hugh Bahar, Agent, requesting a variance from the requirements of Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an industrial building with a height of 66 + feet (25 feet height limitation), at the Cornell Central Heating Plant on Dryden Road, Town of Ithaca Tax Parcel No. 63 - 1 - 8 . 1 , -8.2, Light Industrial District. APPEAL of Evan Monkemeyer, Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a fourth dwelling unit to an existing multiple dwelling located at 1060 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 - 15 .2, Business District C. Said building is nonconforming since residential uses are not permitted in business zones. 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: September 3 , 1997 Publish : September 5 , 1997 • TOWN OF ITHACA ZON• ING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, SEPTEM• . BER 10, 1997 , 7:00 P.M. By direction of the Chairman of the Zoning Board of Apt peals NOTICE IS HEREBY GIVEN that Public Hearings will, be held .by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, September 10, 1997, in ' Town Hall, 126 East Seneca ' Street; (FIRST Floor, REAR En- trance, WEST Side), Ithaca, N.Y. COMMENCING AT 7:06 P.M., on the following matters: APPEALof William L. Hildreth . _ Appellant, Re- questing variances from Arti- cle V. Section 20 and 21 of the Town of 'Ithaca Zoning Ordinance, to be permitted to maintain a storage building/ ggarage - within the to G fired 6ont .yard and within 6 feet of c side lot line at 1415 Trumansburg Rood, '.Town of Ithaca 4aw ' Parcel ;No. 24-2.1 . 1 , Residence District . • -30. Storagge buildings are „requiredto be located in rear ° yyards oily:' Garages when located in the front yard must c . be orated; ot'.least 36 feet . back from the road rightoft way line and must be of least' t15 feet from aside lot line. APPEAL of Cornell Univer- ;sity, Appellant, Hugh Bahor, ;'Agent requesting a variance from, 4ie requirements of Arti- cle •VIII Section ", of the Town of Ithaca Zoning ,Ordi= ,nonce, to be permitted to : maintain on industrial Building with 'a height of 66�/• deet (25 feet height limitation), at the Cornell Central MHeoting Plant on Dry, den Road, Town of Ithaca Tax t Parcel No. 163.1 .8. 1 :8.2, Light Industrial District. APPEAL of .Evan ' Mon- kemeyer, ., .Appellant, ' re- questing .authorization from the Zoning Board of Appeals under Article XII - Spchon 54 of the" Town 'of ltiaca 'Zoning Ordinance, to.'.be' rmitted to add.o''fouh ,dwellingg unit to dm existing; multi le Zing loced"atof 1 T60 Danby Road Town 'of Ithaca Tax Par- COFRO 3.9-,1=�jj 5.2;'4,Bu}iness DisfrictyC;Y ,jUdLbuilding is non ` conformingrsince rest clench uses are n6tp ' rmifted in' bu#11 'zones,, 5oid "Zorring�,Board ''of A 0 QW, 'Mat said time$ 7:0000 p.m,., :and said. place, hear alk rson3 in support of such' makers or objections thereto. , Personsmay '.,appear . by 'agent or in . person . individuals with visual or hearing impairments of 'other special needs, as appro- pnale, will be provided with assistance, ; as necessary upon request," Persons desir ins ; assistance must , make suah • a request not less than • 48 hours prior to the time of the_ pyblic hearing. ' " } Andrew S. Frost ;t ` Director of Building and Zoning '• ' , r ` 273-1783 September. 5, 1997 . F� TOWN OF ITHACA NALj . .1 TOWN OF ITHACA e� ZONING BOARD OF APPEALS WEDNESDAY, SEPTEMBER 10, 1997 The following appeals were heard by the Zoning Board of Appeals on Wednesday, September 10th as follows: APPEAL of William L. Hildreth, Appellant, requesting variances from Article V, Section 20 and 21 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a storage building/garage within the required front yard and within 6 feet of a side lot line at 1415 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-2-1 . 1 , Residence District R-30. Storage buildings are required to be located in rear yards only. Garages, when located in the front yard, must be located at lease 30 feet back from the road right-of-way line, and must be at least 15 feet from a side lot line. GRANTED WITH CONDITIONS APPEAL of Cornell University, Appellant, Hugh Bahar, Agent, requesting a variance from the requirements of Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an industrial building with a height of 66 +/- feet (25 feet height limitation ), at the Cornell Central Heating Plant on Dryden Road, Town of Ithaca Tax Parcel • No. 63-1 -8. 1 , -8. 21 Light Industrial District. GRANTED WITH CONDITIONS APPEAL of Evan Monkemeyer, Appellant, requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a fourth dwelling unit to an existing multiple dwelling located at 1060 Danby Road, Town of Ithaca Tax Parcel No. 39-1 -15. 2, Business District " C" . Said building is nonconforming since residential uses are not permitted in business zones. GRANTED WITH CONDITIONS • I� TOWN Of RHACA N A TOWN OF ITHACA • ZONING BOARD OF APPEALS WEDNESDAY, SEPTEMBER 10, 1997 PRESENT: Chairman David Stotz, Harry Ellsworth , Ronald Krantz, James Niefer, Andrew Frost, Director of Building and Zoning ; John Barney, Attorney of the Town ; Benjamin Helber, Planning Intern . OTHERS : William Hildreth , Hugh Bahar, Jim Adams , Shirley Egan , Evan Monkemeyer, Attorney John Kluscik. Chairman David Stotz called the meeting to order at 7 : 07 p . m . , stating that all posting , publication , and notification of the public hearing had been completed and the same were in order. The first appeal to be heard by the board was as follows : APPEAL of William L. Hildreth, Appellant, requesting variances from Article V, Section 20 and 21 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a storage building/garage within the required front yard and within 6 feet of a side lot line at 1415 Trumansburg Road, Town of Ithaca Tax Parcel No. 2444 . 1 , Residence District R-30. Storage buildings are required to be located in rear yards only. Garages, when located in the front yard , must be located at lease 30 feet back from the road right-of-way line, and must be at least 15 feet from a side lot line. • William Hildreth , 1415 Trumansburg Road , said he put the shed in ten years ago . It is a wood text shed that was delivered on a back of a truck. It is a movable shed . Since that time he has added a lean to addition to the side of the shed to store some of his equipment for his construction company. When he purchased the shed he called the Town of Ithaca , and asked how far away from the road the shed had to be . At that time, he was told the shed needed to be 33 feet from the outside line of the road or from the middle of the road . Mr. Hildreth said he put the shed 40 feet from the side line and 50 feet from the middle line of the road . He put the shed in the front yard because he has two young boys and he has very little space in his back yard with the way the land is setup. He did not want the shed in the back yard and the boys playing in the highway ( Route 96) , which is a very dangerous intersection . He has had three people killed within an eighth of a mile of his house , two in his yard , and two horses shot in his yard because they were in an accident within the last ten years . Since that time he has added a 16 foot by 24 foot lean to addition to the shed for a total of 28 feet by 24 feet (672 square feet) . Two years ago, he applied to the Town of Ithaca for a building permit to build a bigger barn at that site. Mr. Hildreth brought his plans for a bigger barn . Mr. Hildreth said he never turned the building permit application in because he did not have the time or money to build the bigger barn . In 1995 , he called the Building and Zoning Department and talked to a lady, which stated that since his barn had been there that long he could build the new existing shed as long as it was in the specifications of the building permit, and that was in 1995. Mr. Hildreth said he dated the building permit application , . but never mailed the application in . Again , the reason that the barn is in the front yard is because there is no room in the back yard . His house borders Indian Creek that goes from Route 96 to DuBois Road . The property slopes towards the creek. There is really no place to put the shed . Since he purchased the shed he has cleared the back yard out to make more room for the boys to play baseball or golf. He does not have enough room in the back to put the shed he really wants . Mr. Hildreth said the drawings for the new shed from 1995 would be bigger than what is existing now. • Director of Building and Zoning Andrew Frost asked to see the building permit application and j drawings from 1995 . TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8. 1997 PAGE 2 • Mr. Hildreth presented Mr. Frost with the materials . Mr. Hildreth said he talked to the lady in 1995 about the application . Mr. Hildreth said he is a general contractor who restores houses , roofing , and other stuff. The shed is there to store his equipment. As it is now he needs a bigger place , and that is why he was going to apply for the building permit two years ago . If he was to move the shed he would have no room in the back yard and the boys would be playing in the front yard in the highway. Mr. Hildreth said in 1995 , when he talked to the lady in the Building and Zoning Department that she stated as long as the building is 33 feet away from the road that he would be okay. Wood text barns are removable barns that are on palettes . The shed is not into the ground and it is not secured . It can be moved at any time . He would need to call the company to move it. Chairman Stotz asked Mr. Hildreth if the septic system is located in the back yard . Mr. Hildreth responded , yes . Chairman Stotz asked Mr. Hildreth , theoretically, if he had to do repairs on his septic system he could temporarily move the building . Mr. Hildreth said he could get to the septic system from the other side of the house . Chairman Stotz asked if the shed was in the back of the house it would be over the septic system , but the shed could be moved if the septic system needed to be repaired . Mr. Hildreth said only if he moved the original wood text building of 12 feet by 24 feet, but he has added onto the original building since then . There is also a fee each time the shed needs to be moved . • If it came down to where he and his family would move from the property, he wants to take the wood text shed with him . He made the addition to where it is screwed together, and the addition could be taken down to move . He does not want to put the shed in his back yard because he has the leach fields and drainage run offs to the septic system that could be crushed . He cannot drive into the back yard because all of that. Ronald Krantz asked if the shed was six feet from the property line . Mr. Hildreth responded , yes . Mr. Krantz asked who owns the property that he is six feet from the shed . Mr. Hildreth said Mrs. Weiss owns that property. It used to the old orchard vineyards . Mr. Krantz asked if Mrs . Weiss expressed any annoyance that this building is only six feet from her property line . Mr. Hildreth responded , no. The shed is hidden from the road by the trees, but can be seen coming down the road . Mr. Hildreth said he tried to purchase some of Mrs. Weiss's land a couple months ago . Mrs . Weiss is a professor at Boston University so she is never home . Mrs . Weiss was willing to give him a right-of-way if he needed to move the shed back to the side of his house . He does not want to ask that from her because then he would have to pay rent on her land . He would rather buy the land , but he has not had enough chances to discuss this with Ms . Weiss . He is not a rich man to afford that let alone move the shed . • TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8, 1997 PAGE 3 Chairman Stotz said he noticed that there is a line of Evergreen Trees between the shed and the road that provides screening . It also may be noted that the Indian Fruit Farm stand is located just down across the road , which looks sheddy. In terms of fitting in with that, this shed looks nicer than the stand . Mr. Hildreth said the idea two years ago was to build a new 30 feet by 40 feet pole barns to add more room to his space , which would only take up another ten feet in his driveway. He was hoping to do this until six months ago when he was told to move the shed . Chairman Stotz asked Mr. Hildreth what are his plans for the future for his business and storage . Mr. Hildreth said a lot of it depends on the meeting tonight. He cannot see himself moving the shed and having the boys playing in the front yard . He would probably end up moving . He does not want to move. His wife grew up in this house, and this has been in the family for a long time. Chairman Stotz asked Mr. Hildreth , assuming the shed stays there , what are his plans for the shed and storage space. Mr. Hildreth said the business grows every year. He works for himself, and has a couple subcontractors that sub work off of him . Ideally, he needs a bigger barn . He does not have enough room as it is. Mr. Hildreth said he is tearing down a dairy barn on Bundy Road , and that originally is what he was going to build the new barn with . He was going to make it match the same peak as the front of his house so it would all blend in together. It would not be the lean to off the side of it, it would be something that was symmetrical to his house . . Chairman Stotz asked Mr. Hildreth if he eventually wants to renovate the space or make it larger. Mr. Hildreth said he would like to make the space a little larger. He would like to make the shed one and a half stories in height. The Town's height limit is 16 feet, which the current shed is 12 feet high . He would like to go 16 feet high for the extra storage space at top. It would give him another 200 square feet more space for shop materials and wood working that is does inside . Harry Ellsworth asked which way would the shed be enlarged . Mr. Hildreth said the shed would be enlarged towards his house, not the road . Director of Building and Zoning Frost said the Town's height limit is 15 feet, not 16 feet. Chairman Stotz asked Mr. Hildreth if he has considered storage space off of his premises . Mr. Hildreth responded , yes . In fact the dairy barn he is tearing down has a section that he has storage in . The deal was he could store the materials there as long as he tears the barn down , but he needs to tear the barn down when he builds his new barn. They are waiting for him to make a decision on what he is doing so he can get his stuff out of there . If not he is hoping to talk them into letting him keeping the one section , rebuild it, and make it look like a historical barn that it used to be. Then he would be renting space there that would cost him more money out of his pocket. He is tearing the barn down for free for the materials . Chairman Stotz asked Mr. Hildreth if the former car port on the house is a living room . • Mr. Hildreth said it is like a dining room that stores his mother's antiques, TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8. 1997 PAGE 4 Chairman Stotz asked if that space is occupied . Mr. Hildreth responded , yes. He just received a building permit for that. The car port was already on the house , and he enclosed it for a storage room before he purchased the shed . Chairman Stotz asked if the inspections been made on this enclosed room . Director of Building and Zoning Frost said the Building and Zoning Department received a call from the electrical inspector. The inspector has been to the site , but an application was not made out. Mr. Hildreth said the application was mailed last week along with a check. Director of Building and Zoning Frost said whoever Mr. Hildreth talked with ten years ago gave misinformation . A possibility could be if the road is 66 feet wide that he might have been told 33 feet from the road right-of-way. Mr. Hildreth said he measured from the outside line of the road . Director of Building and Zoning Frost asked Mr. Hildreth if he meant the road right-of-way is the outside line on the road . Mr. Hildreth responded , yes . He is 40 feet from the outside line to the shed . Director of Building and Zoning Frost said that is not the road right-of-way line. The Road Rright- • of-way line is 33 from the center line of the road . Chairman Stotz opened the public hearing . With no one present to speak, Chairman Stotz closed the public hearing . James Niefer asked if the usual letters have been mailed to the neighbors. Director of Building and Zoning Frost responded , yes . Mr. Frost also said that he was trying to get Mr. Hildreth to post the orange plastic sign in his front yard . Mr. Frost asked Mr. Hildreth if he placed the orange plastic sign in his front yard . Mr. Hildreth responded , no . Director of Building and Zoning Frost said his secretary called Mr. Hildreth's home a couple of times , and the last time she left a message with one of the boys . Mr. Hildreth said he did not receive the message . Director of Building and Zoning Frost said his secretary called Mr. Hildreth's home twice to pick up the sign . Chairman Stotz asked does it have a bearing on this appeal if the sign was not posted . Attorney Barney said it gives the Zoning Board of Appeals the grounds to adjourn the appeal or • decline the appeal . Mr. Hildreth asked what is the orange plastic sign . TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8, 1997 PAGE 5 • Mr. Ellsworth said the orange plastic sign tells the people in the neighborhood what is happening . Mr. Hildreth asked if it is a site development plan sign . Chairman Stotz said the sign notifies the neighbors and whoever else is interested on what is happening on this site . Director of Building and Zoning Frost said there have been over 100 cases since the orange plastic sign has been a Town Law, this is the first time a sign was not posted . Mr. Hildreth said he really only has one neighbor. Mrs. Swartwood who lives across the creek. Mrs . Weiss owns the land behind the shed . Director of Building and Zoning Frost asked if the car accidents in front of the property were problems resulting from the Indian Creek Fruit stand . Mr. Hildreth responded , yes . Chairman Stotz said the sight line from Mr. Hildreth's driveway is bad . Mr. Hildreth said when the new highway was done it raised the front of his driveway so bad that he could not get out in the wintertime fast enough to get into traffic. He built the driveway up to help with the sight distance . They finally put the guard rails in front of the house . There were people who were jumping the creek. People were falling asleep or they just missed the corner ending up in the creek. In • fact, one day a person was fishing all day, it was 1 : 00 p. m . in the afternoon when we just finished playing basketball in the driveway. He heard screeching and the person rode the guard rail all the way to Mrs . Swartwood's house , which is 1 /16 of a mile up the road . If we had been in the driveway playing basketball or if the boys were standing at the edge of the driveway waiting for the bus , they would have been gone . Chairman Stotz said Mr. Hildreth could argue that the shed buffers the house . Mr. Hildreth responded , yes , and the pine trees do more of that. He has had people run into the pine trees and miss the shed . Mr. Ellsworth said there is a drop in the road there from the north where he cannot see . Director of Building and Zoning Frost said they need to move quickly while exiting the driveway. Chairman Stotz said there is no environmental assessment for this appeal . Attorney Bamey asked what is 30 feet to the corner of the existing shed shown on the plot plan . Director of Building and Zoning Frost said he understood it was from the center of the road . Mr. Hildreth said his shed is 50 feet from the center line of the road . From the outside white line the shed is 40 feet. • Director of Building and Zoning Frost said an April letter written by former Assistant Zoning Officer, Brian Cutler, states "According to the Town 's current maps , the State Highway right-of-way TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8. 1997 PAGE 6 • extends approximately 14 feet towards your property from the existing roadway. Please note that building a new garage , as you had indicated was your intent, encroaching on the 30 foot setback. " Mr. Hildreth said , again , he called the Building and Zoning Department before putting the shed in , and was told 33 feet from the center line or the outside line . Attorney Barney said they probably told Mr. Hildreth it was 33 feet from the center line that would get him to the edge of the right-of-way line . Then Mr. Hildreth should of went 30 feet from there towards the middle of the yard . It should have been 63 feet from the center of the road . Mr. Niefer said Mr. Hildreth is roughly 17 feet from the highway right-of-way to the edge of the shed . Mr. Hildreth measured from the center line of the road to the edge of the shed , which was 50 feet. It is a 66 foot highway, which half of 66 feet is 33 feet. Fifty feet from 33 feet is 17 feet, so his shed is 17 feet off the edge of the highway right-of-way. Director of Building and Zoning Frost said a garage can be in the front yard as long as it is not in the front yard setback. All other accessory buildings , other than garages , have to be in the rear yard . That is why the notice is written the way it is . It is up to the Zoning Board of Appeals to decide whether they want to consider a garage that may not be a true garage for parking a vehicle as being an accessory building that is required to be in the rear yard . The Board is not just dealing with a setback, but a variance to permit an accessory structure to be located in the front yard . Again , all accessory buildings other than garages are required to be in the rear yard . Mr. Hildreth said that is why he was going to build the pole barn , a nicer bigger barn that he could drive his vehicles in . He has two work vans that sit out, and he was hoping to drive them in at night instead of sitting out there as an eye sore. Mr. Krantz asked if there are three different things that the Board needs to consider. One is that the accessory building is in the front yard not the rear yard . Second , it is six feet from the side lot line not 15 feet. Chairman Stotz asked Mr. Hildreth if he keeps a car in the shed/garage . Mr. Hildreth responded , no . Chairman Stotz asked if the shed is strictly used for storage. Mr. Hildreth responded , yes . Mr. Hildreth said he has a garage door on the shed that he built so he can pull his vehicles in to work on , but he does not park his vehicles in there . Mr. Krantz asked if there are three things that need variances. One is the 17 feet not 30 feet from the road ; second , six feet not 15 feet from the side lot line; and third , is the fact that the building is in the front yard , not in the rear yard of the property. Chairman Stotz responded , yes . MOTION by Ronald Krantz, seconded by Harry Ellsworth : • RESOLVED, that the Board grant the appeal of William Hildreth at 1415 Trumansburg Road , Town of Ithaca Tax Parcel No. 24-2- 1 . 1 , Residence District R-30, requesting variances from TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10. 1997 APPROVED - OCTOBER 8. 1997 PAGE 7 • Article V, Section 20 and 21 of the Town of Ithaca Zoning Ordinance to be permitted to maintain a storage building subject to the following conditions : 1 . That said building will be in the front yard , not in the rear yard ; and 2 . That said building would be six feet instead of the 15 feet required from the side lot line ; and 3. That said building would be 17 feet not 30 feet required from the road right-of-way line based on following findings : a . That the building at the present location does not have adverse effect on the neighborhood in terms of character; and b . That this appeal is being granted in the light of the fact that Mr. Hildreth does not have efficient space in the rear of his property for such building ; and C. That this be a three year time limit on this variance . Mr. Hildreth asked what the time limit would be for. Chairman Stotz said after three years , he would either have to move the building or come back to the Zoning Board of Appeals for a further extension of the variance . • Mr. Hildreth asked with this variance , would he be able to build a nicer looking building than what is existing now. Chairman Stotz said he assumes not, it would be for the existing building . Director of Building and Zoning Frost said that is the intent, but if the building burnt down Mr. Hildreth could rebuild it within the same dimensions (length , width , depth , height) . Mr. Hildreth said he would like to make the building one unit instead of the shed and the lean to addition he built on the side. Chairman Stotz asked Mr. Hildreth if he would like to expand the building so the footprint would include where the lean to is now. Mr. Hildreth responded , yes . Chairman Stotz asked if that would be a larger enclosed building that he presently has . Mr. Hildreth said it would be the same width of 28 feet side, but he would like to extend out 10 more feet into the driveway. He will not extend towards the road . Chairman Stotz asked Mr. Hildreth if the lean to that is opened on three sides would be enclosed for the storage building . • Mr. Hildreth responded , no. That would not be expanding into that area , just into the driveway. TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8, 1997 PAGE 8 • Mr. Krantz said he would like to make an amendment to the motion to include the lean to that is presently there to be enclosed and be made part of the building . Attorney Barney asked Mr. Hildreth is he wants to rebuild the building . Attorney Barney said the variance being requested is to maintain the existing building . Mr. Hildreth said he would not be enclosing the lean to with the three open sides. He would just be putting a peak roof on the existing building to extend the 15 foot height limit, and put new siding on the shed to look like one big building . Attorney Barney said if the application is to build something different than what is there , the Board should limit the discussion and variance to what he needs to maintain to be in compliance of the Town's law. Mr. Hildreth could come back to the Board with a plan to show what he wants to do, and then the Board could make a determination if a variance should be permitted . Chairman Stotz asked if the Board grants the variance saying that Mr. Hildreth can maintain a structure, why would he need to come back except for a building permit. Attorney Barney said that depends on what this Board decides . The Board can decide that Mr. Hildreth can only maintain the present structure . The Board usually tells the owner to maintain the existing structure in accordance with the plans that were submitted to this Board . Chairman Stotz asked if the motion should include some contingency that in the event that the building is replaced that the placement cannot exceed the current footprint of the existing building . • Attorney Barney said that would work. Mr. Hildreth said he wants to make the shed 30 feet by 40 feet instead of 28 feet by 24 feet. Director of Building and Zoning Frost said Mr. Hildreth could submit sketches for review, and then he can share the plans with this Board . If the Board feels that it deviates the motion , then it would need to come back to the Board for review. Attorney Barney responded , no , then the Board would need to give a variance to Mr. Hildreth to have a larger building . The Board is talking about a storage building that is on the plot. The Board should not delegate the Code Enforcement Officer the determination . Either this is the dimensions of the building , or the motion needs to be worded on how much the Board would allow Mr. Hildreth to go . Mr. Krantz said the present structure is to be maintained with three feet of the present height and within the measurement of the building that is presently there including the lean to should also be added to the proposed motion as an amendment. Mr. Hildreth can go to three feet higher and to enclose the lean to, and if Mr. Hildreth wants to do anything more than that he needs to come back to the Board . Chairman Stotz asked Mr. Hildreth when he plans to build this building . Mr. Hildreth said he was not sure, sometime soon though . He needs to make a decision soon as to what he is going to do with the dairy barn he is tearing down on Bundy Road . • Chairman Stotz said he withdraws the amendment for a three year time limit. TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8. 1997 PAGE 9 Attorney Barney said he would reconstruct the motion to read as follows: "the variance be granted for the maintenance of the existing garage, attached fully enclosed lean to , and open lean to in the present configuration , subject to the further condition that if there is any expansion or any alteration of the building that would alter the foot print or the height, that the appeal would be subject to further review and additional variances . " Mr. Hildreth asked if he decides to put a peak roof of 15 feet in height to the existing shed that all he needs is a building permit. Director of Building and Zoning Frost responded , yes. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . The motion was carried unanimously. The second appeal to be heard by the Board was as follows : APPEAL of Cornell University, Appellant, Hugh Bahar, Agent, requesting a variance from the requirements of Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an industrial building with a height of 66 +/- feet (25 feet height • limitation), at the Cornell Central Heating Plant on Dryden Road, Town of Ithaca Tax Parcel No. 6344. 1 , 4. 21 Light Industrial District, Hugh Bahar, Utilities Department Mechanical Engineer for the Central Heating Plant at Cornell University, said they would be installing a fabric filter baghouse that would have a maximum vertical dimension of 66 feet above grade, which is an excess of the 25 foot height limit for the Light Industrial Zone for the Town of Ithaca . Mr. Niefer asked if they would be using electrostatic participators. Mr. Bahar responded , no . They currently do not have electrostatic. They are using a mechanical participator. There is a baghouse on the Number One Boiler. Chairman Stotz asked if the operations of the baghouse would cause increase noise. Mr. Bahar said studies were done where the City of Ithaca and the Town of Ithaca was asked for noise regulations . They incorporated that information into the specifications . Cornell University is looking not to exceed 85 decibels on a scale at three feet. If something is going to be exceeded or if they find that at the site line there is something louder than that, it will addressed . Mr. Ellsworth said that it is better than the inside the power house. Mr. Krantz said this is something that does not seem objectionable . They are going from 25 feet to 66 feet. Mr. Krantz asked why is there a 25 foot limit normally. • Director of Building and Zoning Frost said it is a Light Industrial Zone. TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8, 1997 PAGE 10 • Mr. Ellsworth said this whole thing is crazy because the Department of Environmental Conservation (DEC) is requiring this device , and this Board is trying to decide whether to go with DEC or not. Mr. Krantz said he was just wondering why the Town has a 25 foot height limitation in a Light Industrial Zone . Mr. Bahar said that same question was discussed at Cornell University as well . For Light Industrial Zone to have a height limit of 25 feet seems a little prohibited because a lot of projects that need to occur in that type of zoning area need to be over 25 feet. Chairman Stotz asked if the baghouse would be built in the back by the coal pile. Mr. Bahar said it will be cutting in the existing slope. Mr. Ellsworth asked if this would be going into the acid retention chamber. Mr. Bahar responded , no. It will share a common area , but it will not be interfering with the chamber. Chairman Stotz asked if the baghouse would be built of brick. Mr. Bahar responded , no. The outside skin would be matching the existing metal skins, brown • color with ribbed surface. It is a structure that maintains equipment such as fabric filters . Chairman Stotz opened the public hearing . With no one present to speak, Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT: this . Mr. Ellsworth asked whydoes this Board have to do an environmental review since DEC requires Chairman Stotz said the review is here for this Board to do . The environmental review states that the proposed 66 foot baghouse would be substantially hidden by the east smokestack of the heating plant and it is lower than the height of the main structure . The Planning Staff's recommendation is a negative determination of environmental significance . Mr. Helber said a SEAR was done for site plan and height evaluations . Attorney Barney said a SEAR becomes involved when this Board , the Town Board , or the Planning Board funds or approves an action , and this Board is approving an action . It is a State Law, and the Town needs to obey those laws . MOTION made by Harry Ellsworth , seconded by Ronald Krantz: RESOLVED, that this Board makes a negative determination of environmental significance for Cornell Central Heating Plant on Dryden Road , Town of Ithaca Tax Parcel No. 63- 1 -8 . 1 , -8 . 21 Light Industrial District, based upon the review by the Planning Staff of August 26, 1997. A vote on the motion resulted as follows: TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10. 1997 APPROVED - OCTOBER 89 1997 PAGE 11 • AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . The motion was carried unanimously. MOTION made by Harry Ellsworth , seconded by Ronald Krantz: RESOLVED, that this Board grant the appeal of Cornell Central Heating Plant on Dryden Road , Town of Ithaca Tax Parcel No . 63- 1 -8. 1 , -8 . 2 , to be permitted to maintain an industrial building height to be a maximum of 70 feet, whereas 25 feet is the limitation based upon the following findings : a . That the New York State Department of Environmental Conservation requires this industrial device to reduce air pollution ; and b . That the visual impact is minimal to the surrounding neighborhood because of the location on the property; and C. That any detriment to the surrounding neighborhood is outweighed by the benefit to the applicant; and d . That there is an economic significance to Cornell University. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . The motion was carried unanimously. The last appeal to be heard by the board was as follows : APPEAL of Evan Monkemeyer, Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a fourth dwelling unit to an existing multiple dwelling located at 1060 Danby Road, Town of Ithaca Tax Parcel No. 39115. 2, Business District "C" . Said building is nonconforming since residential uses are not permitted in business zones. Evan Monkemeyer, 123 East King Road , said he acquired this property in 1978. The house has beautiful hardwoods throughout the units. When he purchased the building in 1978 it was a two family dwelling . It had compartmentalized space in the basement that was not complete . Through the years he came to the Town requesting variances to use the building as a multi family building , and received approval in 1982 for a three family structure. In 1980, he asked to use the space in the basement as a rental office. In 1982 , it allowed him to have the three residential apartments plus an office . At that time, he was building the Springwood Property, and was adding an additional office . He then moved out of the basement office and moved a tenant in where a kitchen and bath already existed . He did that without getting a formal approval from any Board . That use continued until 1993 , and he received an • operating permit for the four units . Since that time , the Town has asked him to vacate the space in the basement for building and zoning code reasons. That space has been empty for approximately a year now. He had some family problems so he pushed this project aside, and now he wants to bring it back to TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8. 1997 PAGE 12 • the Board to request a formal variance to use the building as an extended multi family building that would include the three existing units plus the fourth unit in the basement. Mr. Ellsworth asked Mr. Monkemeyer if he has talked to Mr. Stewart to make sure the fourth unit meets the State Code , Mr. Monkemeyer responded , yes . Director of Building and Zoning Frost said the Board was supplied with a copy of a letter from Mr. Stewart stating that Mr. Monkemeyer has received approval and a variance for this unit. Mr. Monkemeyer said the biggest concern was that he needed to get a variance from the State for the ceiling height in the basement. That variance was granted . There were a few other problems that he has addressed in the unit. A window needs to be replaced and opened , and some of those things have been accomplished . Chairman Stotz asked if there is enough parking spaces for each unit. Mr. Monkemeyer said there is seven or eight parking spaces in the back of the building for the tenants , and there are four garage spaces on this parcel for the tenants to use. Mr. Niefer asked how many housing units in total at 1060 Danby Road site. Mr. Monkemeyer said in 1982 , he received permits from the Town on the same tax parcel , when it • was one large tax parcel , to build a duplex unit on the lower portion that fronts on King Road West. In 1993 , he requested a subdivision approval to split the lot in half to created one lot fronting on King Road West and the other lot fronting on Danby Road . Mr. Niefer asked how many units are at 1060 Danby Road . Director of Building and Zoning Frost said this is one building with three existing dwelling units , and the fourth unit being proposed . Chairman Stotz asked Mr. Monkemeyer what are his long term plans for this property. Mr. Monkemeyer said receiving the variance tonight would allow him to sit with it as a residential building . He thinks the highest and best use of this particular location is the residential use of the space . It is in a Business District "C" and to convert the building to offices would produce more code requirements such as elevators . That would be an expensive proposition to do . Director of Building and Zoning Frost said the State Code would only allow residential use not mixed use . Mr. Monkemeyer passed around several photographs for the Board to review of the property at 1060 Danby Road , Mr. Monkemeyer also handed the Board a copy of a petition of the neighbors in the area in favor of this proposal . Chairman Stotz asked if these units are mainly rented to Ithaca College students . • Mr. Monkemeyer said over theears , he has had a mix of students is from Cornell University and Ithaca College. TOWN OF ITHACA ZONING BOARD OF APPEALS - SEPTEMBER 10, 1997 APPROVED - OCTOBER 8, 1997 PAGE 13 • Chairman Stotz opened the public hearing . With no one present to speak, Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT: Mr. Helber said there are no environmental impacts . MOTION made by Ronald Krantz, seconded by Harry Ellsworth : RESOLVED, that this Board makes a negative determination of environmental significance for Evan Monkemeyer at 1060 Danby Road , Town of Ithaca Tax Parcel No . 39- 1 - 15 . 2 , Business District "C", based upon the review by the Planning Staff. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None. The motion was carried unanimously. MOTION made by Ronald Krantz, seconded by Harry Ellsworth : RESOLVED, that this Board grant the appeal of Evan Monkemeyer at 1060 Danby Road , Town • of Ithaca Tax Parcel No . 39- 1 - 15 . 2 Business District "C" , to be permitted to create a fourth dwelling unit based upon the requirements outlined in Article XIV, Section 77, Paragraph 7, Sub- paragraphs a-h of the Town of Ithaca Zoning Ordinance , and that the exterior be maintained in keeping with the character of the neighborhood . A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . The motion was carried unanimously. OTHER BUSINESS : Director of Building and Zoning Frost said at the last meeting he requested that September, October, and November Zoning Board of Appeals meetings be changed to Thursday nights , that he would like to change the dates back to Wednesday nights . The Zoning Board of Appeals was in agreement to the changes of dates , again . Director of Building and Zoning Frost said that Cornell University retrofitted some of the lights at Schoellkopf Field , and they were not satisfied with the retrofitting that they called the company. Cornell University will be working something out to make the retrofitting work better. Chairman Stotz adjourned the meeting at 8 : 22 p. m . . CDeborah Kelley, Keyboard Specialist/Minut Recorder E� David St tz, hairm tv 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 publishM in the local newspaper, The Ithaca Journal . Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 126 East Seneca Street, Ithaca, New York on Wednesday, September 10, 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 : September 3, 1997 Date of publication : September 5, 1997 ^c, % > Dani L. Holford. Building and Zoning De artment Secretary, Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 5th day of September, 1997. a � I L M P0 , IT doe) e:' rT'a F. POOLE NOTARY PUBLIC STATE OF NEW YORK # 4646 427 • TOWN OF ITHACA ZONING BOARD OF APPEALS FINAL NOTICE OF PUBLIC HEARINGS WEDNESDAY , SEPTEMBER 10, 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, September 10, 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 William L. Hildreth. Appellant, requesting variances from Article V, Section 20 and 21 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a storage buildinQ1garage within the required front vard and within 6 feet of a side lot line at 1415 Trumansburg Road. Town of Ithaca Tax Parcel No. 24-2- I . I , Residence District R-30 . Storage buildings are required to be located in rear yards only. Garages. when located in the front yard, must be I.ocated at least 30 feet back from the road right-of-way line, and must be at least 15 feet from a side lot line. APPEAL of Cornell University, Appellant, Hugh Bahar. Agent, requesting a variance from the requirements of Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an industrial building with a height of 66 feet (25 feet height limitation ), at the Cornell Central Heating Plant on Dryden Road. Town of Ithaca Tax Parcel No. 63 - 1 - 8. 1 , -8 .2, Light Industrial District. APPEAL of Evan Monkemever, Appellant, requesting authorization from the Zoning Board of Appeals under Article XII . Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to add a fourth dwelling unit to an existing multiple dwelling located at 1060 Danby Road, Town of Ithaca Tax Parcel No. 39- 1 - 15 .2 , Business District C . Said building is nonconforming since residential uses are not permitted in business zones. v 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 : September 3 , 1997 Publish : September 5 , 1997 •