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HomeMy WebLinkAboutZBA Minutes 1998-12-09 FUM TOWN of ML4 CA 0816 --+ TOWN OF ITHACA ZONING BOARD OF APPEALS N- WEDNESDAY , DECEMBER 9 , 1998 7 : 00 APPEAL of Timothy and Anne Benedict, Appellants , Mark Masler , Bent, requesting a variance form the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to allow for an existing residential building to be maintained with a north side yard building setback of 14. 6 feet ( 15 foot setback required) , at 174 Lexington Drive , Town of Ithaca Tax Parcel No , 72- 1 - 12 . 10 , Residence District R- 15 . APPEAL GRANTED APPEAL of Southern Tier Hospitality, dba Best Western University Inn , Owner/Applicant, Jagat P. Sharma , Agent, requesting a special approval from the Zoning Board of Appeals under Article VII , Section 34 of the Town of Ithaca Zoning Ordinance , to allow for building renovations , including, but not limited to, the conversion of restaurant space to guest rooms , at the Best Western motel located at 1020 Ellis Hollow Road , Town of Ithaca Tax Parcel No. 62-2 - 13 . 7 , Business District C . A variance from Section 37 of said Ordinance is also required to allow structures to be less than 30 feet to the south side property line ( I 0 ± feet proposed) . Additionally, variances from sections 5 .02- 1 , 5 . 02- 4, and 6. 01 -4 of the Town of Ithaca Sign Law are also being requested to allow for the replacement of existing signs on the building's portico, which will also include new lighting. APPEAL GRANTED WITH CONDITIONS OAPPEAL of Cornell University, Appellant, Robert Blackeney, Bent, requesting a special approval form the Zoning Board of Appeals under Article V, Section 18 , paragraph 3 of the Town of Ithaca Zoning Ordinance , to allow for the construction of new bleacher seats and lighting for the Alumni Field soccer field variance from Section 18 , paragraph 10 is also being requested to allow for lighting to be mounted on 8 poles , 70 feet in height, whereas such structures are limited to a height of 30 feet. APPEAL GRANTED APPEAL of Dennis Wille , Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to allow for the Conversion of a carport into enclosed living space with a north side yard building setback of 12 feet ( 15 foot setback required) at 212 Muriel Street, Town of Ithaca Tax Parcel No. 70- 1 -7 , Residence District R 15 , APPEAL GRANTED APPEAL of Robert Summers , Appellant, Daniel Strawbridge , Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to enclose a carport, creating a garage with an east side building setback of 1 . 5 ± feet ( 10 foot setback required) at 116 McIntyre Place , Town of Ithaca Tax Parcel NO . 66-5-9 , Residence District R- 15 . APPEAL GRANTED OWN OF WdAiCK osa� a ' - .�--- - TOWN OF ITHACA ZONING BOARD OF APPEALS a*1,y,� y° • WEDNESDAY , DECEMBER 9 , 1998 7 : 00 p . m . PRESENT : Chairman David Stotz, Harry Ellsworth , Ronald Krantz, James Niefer, Kirk Sigel , Andrew Frost, Director Building/Zoning; John Barney, Attorney for the Town ; George Frantz , Assistant Town Planner; Christine Balestra, Planner. OTHERS : Robert Blakeney, Cornell ; Pat Graham , Cornell Athletics ; Dan Strawbridge , Summers' Agent; Patricia Page Wille , 212 Muriel Street; Dorothy Summers , 116 McIntyre Place ; John Gutenburger, Cornell University; Jagat P. Sharma, 312 East Seneca Street; Ruth Mahr, 103 Judd Falls Road ; Mark Masler, Harris , Beach & Wilcox. Chairman Stotz called the meeting to order at 7 : 10 p . m . , stating that all posting, publication , and notification of the public hearing had been completed and were in the same order. The first appeal to be heard by the board was as follows: APPEAL of Timothy and Anne Benedict, Appellants , Mark Masler, Agent, requesting a variance form the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to allow fro an existing residential building to be maintained with a north side yard building setback of 14. 6 feet ( 15 foot setback required) , at 174 Lexington Drive , Town of Ithaca Tax Parcel No. 72- 1 - 12 . 10 , Residence District R- 15 . Mark Masler, Harris , Beach & Wilcox, stated it was discovered during refinancing that the house technically violates the side yard requirement in R- 15 . He is requesting an area variance to correct the area deficiency. It has existed for many years . The original survey showed the side yard as 15 ± feet. A more accurate survey showed it was less than 15 feet. Mr. Masler would like to obtain a variance to correct the problem . The house is located approximately 19 feet from the adjoining property owners . Chairman Stotz opened the public hearing and asked if any members of the public wished to be heard . With no person present to be heard , Chairman Stotz closed the public hearing. MOTION Harry Ellsworth , seconded by James Niefer. RESOLVED , that this board grant the appeal of Timothy and Anne Benedict, requesting a variance from Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to allow for an existing residential building to be maintained with a north side yard building setback of 14 . 6 feet ( 15 foot setback required), at 174 Lexington Drive , Town of Ithaca Tax Parcel No, 72- 1 - 12 . 10 , Residence District R- 15 . A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz , Niefer, Sigel . NAYS : None . OABSTENTION : None . ZONING BOARD OF APPEALS 2 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED *The motion carried unanimously . The second appeal to be heard was as follows : APPEAL of Dennis Wille , Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to allow for the Conversion of a carport into enclosed living space with a north side yard building setback of 12 feet ( 15 foot setback required) at 212 Muriel Street, Town of Ithaca Tax Parcel No . 70- 1 -7 , Residence District R- 15 . Patricia Page , 212 Muriel Street, stated the carport will not be entirely enclosed . They are enclosing ten foot distance into the carport. The back of the carport will still be able to house our cars . Mr. Wille is an artist and gave up his studio for a bedroom . They have been waiting to build a new studio for Mr. Wille . Mr. Ellsworth asked where Mr. Wille has been working. Ms . Page stated he is working in an area the size of a closet. Chairman Stotz asked if the entire carport will become a habitable space . Ms . Page responded only the back section of the carport. Chairman Stotz asked if the room would have bathroom facilities . Ms . Pae stated the would like to but it is in the future . It would be doe within Page y n ith n the time frame of the building permit if they are able to . Chairman Stotz asked if the carport is attached to the house . Ms . Page responded it is attached to the side of the house . Chairman Stotz asked if there are future plans for kitchen facilities . Ms . Page replied no . It will only be a studio . Attorney Barney asked when Ms . Page acquired the property. Ms . Page answered they acquired the property five years ago. They bought from the people who had bought from the Burmans . Chairman Stotz opened the public hearing and asked if any members of the public wished to be heard . . With no members of the public wishing to be heard , Chairman Stotz closed the public hearing. Andrew Frost, Director Building/Zoning, stated in the packet there is a copy of the Zoning Board of Appeals variance that was granted in the 1970s . This variance was for a porch that was being added to the back of the house . The variance allowed for a twelve foot setback rather than 15 foot setback as required . Item number three within ZONING BOARD OF APPEALS 3 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 1.3, 1999 - APPROVED - APPROVED - APPROVED •the minutes of that variance they mentioned the carport. The variance was not granted for the carport and the the could be ten feet from the side yard setback. Since it is being converted to living space it needs the 15 foot setback. Attorney Barney asked if the porch is enclosed as part of the house . Ms . Page replied she thinks Attorney Barney is referring to the enclosed family room . Mr. Ellsworth asked if twelve feet would be enough for the setback. Ms . Page responded yes . MOTION Ronald Krantz, seconded James Niefer. RESOLVED , that this board grant the appeal of Dennis Wille , requesting a variance form the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to allow for the partial conversion of a carport into enclosed living space with a north side yard building setback of I I feet ( 15 foot setback required) at 212 Muriel Street, Town of Ithaca Tax Parcel No . 70- 1 -7 , Residence District R- 15 . A vote on the motion resulted as follows: ,AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS : None . ABSTENTION : None . The third appeal to be heard was as follows : APPEAL of Cornell University, Appellant, Robert Blakeney, Agent, requesting a special approval form the Zoning Board of Appeals under Article V, Section 18 , paragraph 3 of the Town of Ithaca Zoning Ordinance , to allow for the construction of new bleacher seats and lighting for the Alumni Field soccer field variance from Section 18 , paragraph 10 is also being requested to allow for lighting to be mounted on 8 poles , 70 feet in height, whereas such structures are limited to a height of 30 feet. Robert Blakeney, Cornell University, stated he is the project manager for the Alumni Field Bleachers and Lighting project. Cornell University is requesting a special use approval for both the bleachers and field lights . The field lights also require a height variance . More than a year ago this project was presented to this board . At that time there was not a proposal for bleachers . Prior to that presentation there was a proposal to construct 3500 bleacher seats on this field . They were to be temporary. The current proposal calls for 1600 permanent bleacher seats to be constructed along the west side of the track and soccer field . They were illustrated on a drawing Mr. Blakeney presented to the board and is in the board 's packet. In addition , over a year ago Cornell University's proposal for the lighting consisted of four fixtures located at the four corners of the field . Two of which were 120 feet and two at 140 dWeet tall . They were to be angled from the four corners onto the field . There was further discussion that these four light poles be reduced to 110 feet in height. At that time the level of illumination plan for the field was in the range of ZONING BOARD OF APPEALS 4 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED *90- 100 foot candles . Since that time they have significantly modified the proposal . It now consists of eight light poles in seventy feet in height. The level of illumination for the field has been reduced to sixty foot candles . The eight light poles will be located four on each side and oriented in an easterly/westerly direction . They are planning on using muscow light fixtures , level eight optional spill or glare control , or equal . Mr. Blakeney stated they will be competitively bidding the project. Cornell University has retained outside consultants for this project. Chairman Stotz stated included in the packet were drawings of the lights and bleachers . Has anything changed ? Mr . Blakeney replied there has not been changes . Within the University there was considerable discussion about placing bleachers on this field . The proposal is one which provides for a every long linear configuration of bleachers . The back side will be screened behind brick masonry wall . Mr. Ellsworth asked what was represented in orange . Mr . Blakeney stated the view is looking from the west to the east. Chairman Stotz asked the board if they remembered the discussion of rather this field would be lit. Mr. Frost replied Schoellkopf was before the Zoning Board of Appeals . George Frantz, Assistant Town Planner, stated in 1996 , the University received approval to build the track .and soccer field . Chairman Stotz stated at that time there were no plans for lighting. Mr. Frantz stated in 1997 , they made an application for a special approval for lighting. Mr. Frost stated Cornell University was before the board requesting a variance for lighting and was not approved . Mr. Krantz stated in the plan presented it was for up to ten lights with poles up to 240 feet. Cornell is to be commended for retrofitting the lights at Schoellkopf Field and have become far less of a problem for people on West Hill , Mr. Niefer stated on the adjacent field there are three rows of lights with one row empty. With the design of the light poles for this field , are the lighting banks completely filled . Mr. Blakeney stated he did not know of any design intent that would provide extra space for additional fixtures . The number of fixtures will depend upon the actual wattage of the lamp that is used . The wattage for this kind of lighting is available in 1500 , 1650 , 2000 watt fixtures . Cornell will be achieving 60 foot candles of illumination . Mr. Sigel asked what the reason is for the change in the proposal . • Mr. Blakeney replied it was in response to the concerns of neighbors and the Zoning Board of Appeals , ZONING BOARD OF APPEALS 5 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED • Chairman Stotz asked if the lights will be shielded to a degree by the bleachers . Mr. Blakeney responded no . The are eight bleacher rows . Some of the earlier bleacher configurations concentrated on the center portion of the field . They were much higher. Their intent was to have very low bleachers . Mr. Sigel asked what the hours of use will be . Mr. Blakeney stated the track facility is used on average five times per year in the spring which are daytime events . In the fall , there are approximately twenty-five soccer events which includes both men and women . Most of those would be after dark events . Attorney Barney asked how late do the events run . Pat Graham , Cornell Athletics , stated no later than 11 : 00 p . m . Chairman Stotz stated at times there will be 1600 congregating at the field . Has any thought been given to the traffic flow. Mr. Blakeney stated at this time the road will remain as it is . There is long range planning in discussion that might suggest the configuration be improved . Mr. Ellsworth asked when the twenty-five event will take place . Mr. Graham stated soccer season starts approximately September 21 and are usually done by November 5 . Attorney Barney asked if they occur the same day as football games . Mr. Graham replied there may be one or two times . If they have lights they may have those games on Friday night and football on Saturday. Many of the people coming to the games will be students . They will be walking over or using the bus system . Chairman Stotz asked what is being planned for handicap access . Mr. Blakeney stated the bleachers will be handicap accessible . At the south end there is a handicap ramp and parking spaces will be striped . Chairman Stotz asked if four handicap parking spaces would be adequate for 1600 people . Mr. Blakeney responded they could easily stripe additional spaces . Mr. Niefer asked where the orange appeal sign posted . Mr. Graham stated on the outside of the fence of the stadium . ZONING BOARD OF APPEALS 6 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - 1 PPROVED - APPROVED Chairman Stotz asked if there are any plans for lit score boards . Mr. Graham answered there is a score board on site and is in the southeast corner. Mr . Niefer asked if restroom facilities will be available . Mr. Graham stated there would not be restroom facilities in the complex Chairman Stotz asked where people could use the bathroom . Mr. Graham replied the Field House is open during all events . There will be signs directing people . Chairman Stotz opened the public hearing and asked if any members of the public wished to be heard . Ruth Mahr, 103 Judd Falls Road , stated this field has a direct line of sight to her house . Ms . Mahr read from a prepared statement. See Attachment # 1 . Chairman Stotz asked if Ms . Mahr's concerns had to deal with traffic only. Ms . Mahr stated she is concerned with the traffic and the lights . She found out about the project one working day before the decision was to be made . She believes the decision of the Town of Ithaca Planning Board was conditioned on information provided by town staff. That information was incomplete and incorrect. The Planning •Board passed the matter onto the Zoning Board of Appeals and was passed based on the information they had . If it is the same information she has , it was not enough to say there was not going to be a significant impact. Mr. Krantz asked if she has a consensus among the neighbors . Ms . Mahr replied she has not had time . She did not know this meeting was happening until another Forest Home resident called her. Mr. Frantz stated the policy that the notices of the meeting are sent to the adjoining property owners and mailed out the Wednesday or Thursday before the Planning Board meeting. Chairman Stotz asked if Ms . Mahr was concerned because there may be an illuminated sky. Ms . Mahr stated yes . She would need to wait and see if she would have direct glare . Attorney Barney stated there are lights on Alumni Field . Ms . Mahr stated those lights do not bother her, but these are additional lighting to the east of what is present. Mr. Frantz stated these lights are ten feet higher than the existing. He did spend several hours looking at this issue again and confirming his original assessment. It is always good to have someone question your findings . Mr. rantz explained there is a difference in elevation . It is not as great as the board may think because there is a substantial drop-off into the hollow where the Plantations headquarters is . There is also a twenty foot rise from the ZONING BOARD OF APPEALS 7 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED Plantations Headquarters to Judd Falls Road . Between the south end of Forest Home and Alumni Field there are the Wonifer Tree . To the south along Tower Road there are Oak Trees 35-40 feet high . Based on the trees between Forest Home and the field , the fact the lights are faced away from Forest Home , there will not be significant adverse impact on the residents of Forest Home . This is because of the trees and the direction of the lights . The tops of the lights may be visible from the rear. At the most they may see the top 10- 12 feet of the light poles . This would be of the southern most pole . Mr. Ellsworth asked if the light pole would be seen above the trees . Mr. Frantz responded that the pole would be seen through the trees . At some point the leaves will drop . The two most northerly lights will be blocked by the conifers . Chairman Stotz asked if the conifers were not present, what would the assessment be . Mr. Frantz replied his assessment would be much different because the conifers provide a substantial screen . Mr. Ellsworth asked what is the assessment on traffic . Mr. Frantz stated in the Environmental Assessment Form the Planning Board had before them , as before the Zoning Board of Appeals , the staffs statement is in the first paragraph under C- I . There are no significant adverse impact. There is documentation in the Environmental Assessment Form backing up the statement. One of the reasons staff did not go into traffic impact in this review was it was an impact that was addressed when the track and ,soccer complex was approved in 1996 . In 1996 , in that Environmental Assessment Form staff stated , " No significant adverse impacts to existing traffic patterns are anticipated . Although normal use by University track teams and other users is not expected to generate any significant increases in traffic, there is potential for significant short-duration increases in traffic levels when the University hosts large-scale track and field events . However such events are expected to take place only a few times each year. " "Also , the proposed complex is located adjacent to the existing Schoellkopf Stadium/Fieldhouse/Linah Rink/Barton Hall athletics complex and the attendant University owned and maintained street, parking, transit and pedestrian facilities which serve those facilities , and which are also expected to serve this facility. " "Given the location of the proposed complex, the existing traffic and pedestrian facilities , and the University's traditional traffic control measures enacted during large scale athletic events on the campus , no significant adverse impacts to existing traffic patterns are anticipated as a result of the proposed action . " Mr. Frantz state the Planning Board appended this statement to the November 17 , 1998 , Environmental Assessment Form. Chairman Stotz asked is there any assurance that there will not be overlapping large athletic events . Mr. Graham replied that he could not see where they would have the field house and this complex filled at the same time . Volleyball is the only program run during the fall in the Fieldhouse that would be drawing spectators Wr. In the past they have not drawn 1500 people in the event. There may be a day they would have a soccer ZONING BOARD OF APPEALS 8 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED 10 game , but normally if they host a soccer game on a football day it is at 11 : 00 a . m . or 3 : 00 p . m . This prevents a made rush of traffic . Mr. Frantz stated staff was thinking of Empire State games , Special Olympics and the Heptagonals . Mr. Graham stated they are only allowed the host the Heptagonals every six years . Mr. Krantz stated between tournaments , playoffs , scheduling conflicts and outside activities , eventually two programs will be running at the same time . Mr. Frantz stated the reason they are not concerned about potential traffic impacts is because they are talking about two athletic activities that are long standing at the University. There is going to be some possible expansion . Chairman Stotz stated the attendance at soccer games is not close to 1600. There is some reason why a 1600 seat stadium instead of 500 . Mr. Graham stated if they have a winning program and are in the running of the IV League title there will be more student body coming to the games . Mr. Ellsworth asked if there is a requirement to when residents need to be notified . Attorney Barney stated the requirement is a five day notice . There is no legal requirement of notice of ,mailing for surrounding neighbors . It is a policy of courtesy for the Town to mail out notices five days in advance . The only legal notice is the publication in the Ithaca journal . Ms . Mahr stated rather there will be significant traffic impacts or significant lighting impacts , is not known . How is significant impact of traffic measured on a community that is already over burdened with traffic . One car more is a significant impact. Regardless of all the details , is this use consistent with R-30 or not? Chairman Stotz closed the public as there were no other persons wishing to be heard . ENVIRONMENTAL ASSESSMENT : Mr. Frantz stated staff recommends a negative determination of environmental significance . Mr. Sigel asked if there are any events in Cornell University that produces enough traffic in the area that Town staff considers it to be a problem . Mr. Frantz stated Cornell University has caused traffic problems in Forest Home . This is one of the staff's problems . Staff fully acknowledges that Forest Home has a critical problem as far as traffic . These are activities that have been ongoing for many years . They are not dismissing the fact that Forest Home has a major traffic problem , at the same time , this proposal will not have significant adverse impacts . Mr . Frost stated there are many different outlets leaving the field . Not everyone will not be leaving in the *same direction . ZONING BOARD OF APPEALS 9 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED Mr . Sigel stated adding small impacts adds up . At some point something will need to be done . Attorney Barney stated Cornell University is trying to do something. That is what the Northeast Transit is about. There is a problem in Forest Home , but that is because the institution is there . The way to get rid of the traffic is to eliminate the institution . The other alternative is to tell the University to stop growing. This proposal was originally 3500 seats and has been reduced to 1600 seats . Comparing the two , traffic impacts are reduced . Mr. Frantz stated the solution could be to eliminate the section of Judd Falls Road from Plantation Road to Tower Road . It would not be popular, but it would protect Forest Home , MOTION David Stotz, Seconded Ronald Krantz. RESOLVED , that this board make a negative determination of environmental significance in the matter of Cornell University, requesting special approval from the Zoning Board of Appeals under Article V, Section 18 , paragraph 3 of the Town of Ithaca Zoning Ordinance , to allow for the construction of new bleacher seats and lighting for the Alumni Field soccer field at Cornell University, Town of Ithaca Tax Parcels No. 63 - 1 - 8 . 2 and 67- 1 - 13 .2 , Residence District R- 15 . A variance from Section 18 , paragraph 10 is also being requested to allow for lighting to be mounted on 8 poles , 70 feet in height, whereas such structures are limited to a height of 30 feet. A vote on the motion resulted as follows : AYES : Stotz, Ellsworth , Krantz , Niefer, Sigel . •NAYS : None . ABSTENTION : None . The motion carried unanimously. MOTION Ronald Krantz, Seconded Harry Ellsworth . RESOLVED , that this board grant the appeal of Cornell University requesting a variance from Section 18 , paragraph 10 of the Town of Ithaca Sign Ordinance to construct no more than 8 poles not to exceed 70 feet in height with no more than 12 lighting fixtures per pole on the field where such structures are normally limited in height to 30 feet, at Alumni Field Cornell University, Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 and 67- 1 - 13 .2 , Residence District R- 15 , with the following conditions : a. the lighting on the poles produce no more than 60 foot candles of illumination on the surface of the playing field , bt every attempt be made under normal circumstances to have the lights be turned off by 11 :00 p . m . , and under no circumstances should the lights be on beyond 11 :00 p . m . more than four times in a calendar year, ZONING BOARD OF APPEALS 10 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED • c. and Cornell University make every reasonable effort be made to maintain the mature Conifer Trees that serve as a buffer between the field and Forest Home residents . A vote on the motion resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None . ABSTENTION : None . The motion carried unanimously. MOTION Ronald Krantz , Seconded Kirk Sigel . RESOLVED , that this board grant the appeal of Cornell University requesting a special approval from the Zoning Board of Appeals under Article V, Section 18, paragraph 3 of the Town of Ithaca Zoning Ordinance , to allow for the construction of approximately 1600 new bleacher seats and lighting for the Alumni Field soccer field at Cornell University, Town of Ithaca Tax Parcel No . 63 - 1 -8 . 2 and 67- 1 - 13 . 2 , Residence District R- 15 , with the following condition : a . The lighting conditions approved in the variance apply to the special approval , b , approval is subject to the same conditions as the November pp ) tuber 17 , 1998 , Planning Board Resolution , C , and Cornell University will do everything possible to avoid scheduling two major athletic events in the Field house and Alumni Field . A vote on the motion resulted as follows : AYES : Stotz, Ellsworth , Krantz , Sigel . NAYS : None . ABSTENTION : Niefer. The motion carried . The fourth appeal to be heard was as follows : APPEAL of Southern Tier Hospitality, dba Best Western University Inn , Owner/Applicant, Jagat P. Sharma, Agent, requesting a special approval from the Zoning Board of Appeals under Article VII , Section 34 of the Town of Ithaca Zoning Ordinance , to allow for building renovations , including, but not limited to, the conversion of restaurant space to guest rooms , at the Best Western motel located at 1020 Ellis Hollow Road , Town of Ithaca Tax Parcel NO .1013 .7 , Business District C . A variance form Section 37 of said Ordinance is also required to allow structures to be less ZONING BOARD OF APPEALS I I DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED 30 feet to the south side property line ( I 0 ± feet proposed) . Additionally, variances from sections 5 .02- 1 , 5 . 02- *than 4 , and 6 .01 -4 of the Town of Ithaca Sign Law are also being requested to allow for the replacement of existing signs on the building's portico, which will also include new lighting. Jagat P. Sharma, Seneca Street, stated they are asking for special approval for interior modifications to Best Western . Also asking variances for side yard and sign ordinance . They submitted several renderings and he mounted the drawings on a board . Best Western has four buildings , A, B , C , D . The main component of interior modifications will be constructed in Building A. . The second component is the relocation and design of the sign . The third is eliminating the breakfast room and adding another guest room in Building B and redoing the fencing around the pool . Building A is a two story building and previously housed Dunkin ' Donuts and Checkers Restaurant in the lower level . They have gone out of business and it is vacant space . The vacant space is being converted into seven additional guest rooms . The rendering compares the existing first floor and the proposed first floor. The upper level will have one guest room added and two removed . The main lobby and administration desk will be redone . There used to be an interior stairway on the corner of the buildings . It will be removed and converted to two guest rooms , one on each level . To provide a second means of egress from the two floors they are creating a retaining wall and exit at the east end of the building. They are changing the window locations and the front of the building will undergo minor changes . Mr. Sharma stated a color rendering was submitted of the west side of the building. The window marked in red is rearranged to meet the new layout of the new guest rooms and conference room . There will be a red stucco on the facade because they want to match the brick. He explained two new window will be added on the east side of the building. As shown in the photographs the present sign is mounted on top of the covered canopy. There are two •signs side by side . The signs are hardly seen from the parking lot. Many times people are within the same plaza and need to call to find the hotel . They are proposing to create a new structure in front of the canopy. The signs will be relocated vertically on the portico. The second is to highlight the portico in fiber optic lighting. This will not be more lighting. The sign ordinance does not permit fiber optic lighting. Fiber optic lighting did not exist at that time . Flood lighting would cause glare for traffic in the driveway . The Planning Board recommended the Zoning Board of Appeals to deny the fiber optic lighting. Attorney Barney stated the Planning Board denied the request and the Zoning Board of Appeals can not overrule the site plan decision . Mr. Sharma stated he understood the Zoning Board of Appeals can approve it and then they would need to go back to the Planning Board . Christine Balestra, Planner, stated Mr. Sharma had spoken with Jonathan Kanter about it. If the Zoning Board of Appeals does approve the lighting, then he would need to go back to the Planning Board for modification of the site plan approval . Mr. Sharma stated this is a less intrusive way of lighting. The hotel is located in a parking lot, not a neighborhood . They are a far distance away from residence . Best Western would like to change the fence . Presently it has wired fence . They have not chosen fence design . They are asking a special permit for the construction of the project and variances for the side yard and sign ordinance . Chairman Stotz asked if the sign will be back lit. ZONING BOARD OF APPEALS 12 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY /3, 1999 - APPROVED - APPROVED - APPROVED • Mr. Sharma responded yes . It will be internally lit. Chairman Stotz stated the sign would be higher than the current sign . What is the purpose of having the sign higher? Mr. Sharma stated the sign is higher so that it can be seen . Mr. Sigel stated the proposed sign looks like a wall sign . Attorney Barney stated the roof pitches is and the sign is vertical . By the Sign Ordinance definition , it is not a wall sign . A wall sign is flush along the wall . Chairman Stotz asked if the new sign is a wall sign . Attorney Barney stated it will still be a projecting sign because it will mounted in the same way the current sign . Mr. Sigel stated the old sign appears more clearly to be a projecting sign . The new sign is closer to a wall sign . Mr. Frost stated a wall sign is an exterior wall of a building or structure . • Attorney Barney asked if the sign would be mounted flush to the portico . Mr. Sharma stated it will be flush , but it will brace with the roof. Mr. Frost stated it will be an angle from the roof which makes it a projecting sign . The larger issue is the lighting. Chairman Stotz asked if there will be an interior entrance for the guest besides the exterior staircase . Mr. Sharma stated there will be another interior stairway connecting the two levels . The second exit is an emergency exit. There will be landscaping around the area . Chairman Stotz asked if there will be an alarm system on the exit. Mr. Sharma stated yes . Chairman Stotz asked if there have been any concerns from their neighbors . Mr. Sharma stated he is unaware of any. Mr. Niefer asked where the notice sign is posted . • Mr. Sharma replied it is on the Ellis Hollow entry way. ZONING BOARD OF APPEALS 13 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED Chairman Stotz opened the public hearing and asked if any members of the public wished to be heard . With • no persons present to be heard , Chairman Stotz closed the public hearing. Chairman Stotz stated one of the big issues is setting a precedence for fiber optic lighting. It outlines buildings and some people find it intrusive . Mr . Sharma stated it is expensive lighting so not everyone will want to have it. Mr. Sigel stated he does not find it attractive to see buildings framed . It is fine at Disney World or during Christmas . The benefit of fiber optic lighting is the applicant will be able to direct people by the red/green outline . Chairman Stotz stated there will be more visibility from the roadway with the sign being raised . Is most of the traffic looking for the hotel on Ellis Hollow Road . Where are people getting lost? Mr. Sharma stated in the parking lot. They can not find the sign at night. Mr. Frantz stated one problem the motel faces is the Town 's prohibition against off premises signs . Otherwise it would be to their benefit to have a sign at the intersection of Ellis Hollow and Summerhill Roads . That is not what the Town would like to see . Chairman Stotz stated the new sign is much nicer than the old . . Mr. Sigel asked what the Town 's law is regarding landscape lighting. Ms . Balestra stated there can be flood lights facing the building. ENVIRONMENTAL ASSESSMENT : Ms . Balestra stated the modification are interior. Overall staff recommends a negative determination of environmental significance . The main issue is the fiber optic lighting. The Planning Board recommended denial of the illumination . There are no environmental concerns associated with the retaining wall , drainage and landscaping. Chairman Stotz asked how the fiber optic lighting would set a precedence . This proposal is in a shopping center. Ms . Balestra stated neon lights are prohibited in the Town of Ithaca . This is a new type of lighting, but is clearly prohibited in the sign law. It is the fear that allowing this particular use to have this type of lighting might encourage other businesses in the shopping center to use this type of lighting. Chairman Stotz stated fiber optic lighting is unintrusive and can not be compared with neon lighting. It is also in a shopping center. Ms . Balestra stated this proposal may not cause problems , but the accumulative affect of this lighting could . •There is a current proposal to be placed in East Hill Plaza that is also proposing this type of lighting. ZONING BOARD OF APPEALS 14 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED • Mr. Frantz asked what the wattage is . Mr. Sharma responded he did not know. Chairman Stotz stated the answer may be for the Town to look at these new technologies and state where they are appropriate . Ms . Balestra stated it is an issue of aesthetics and whether or not it is in character with the shopping plaza . MOTION Harry Ellsworth , Seconded James Niefer. RESOLVED , that this board make a negative determination in the matter of Southern Tier Hospitality, requesting a special approval from the Zoning Board of Appeals under Article VII , Section 34 of the Town of Ithaca Zoning Ordinance , to allow for building renovations . A variance from Section 37 of said Ordinance is also required to allow structures to be less than 30 feet to the south side property line ( 10 ± feet proposed) . Also being requested to allow for the replacement of existing signs on the building's portico, which will also include new lighting. Additionally, variances from sections 5 .02- 1 , 5 .02-4, and 6 . 01 -4 of the Town of Ithaca Sign Law at 1020 Ellis Hollow Road , Town of Ithaca Tax Parcel No. 62-2- 13 .7 , Business District C . A vote on the motion resulted as follows : •AYES : Stotz, Ellsworth , Krantz , Niefer, Sigel . NAYS : None . ABSTENTION : NONE . The motion carried unanimously. MOTION Kirk Sigel , Seconded James Niefer. RESOLVED , that this board grant the appeal of Southern Tier Hospitality, dba Best Western University Inn , requesting a variance from Section 37 of the Zoning Ordinance , to be allowed to maintain a structure (Building A as proposed in the submitted plans) to be no less than 9 feet from the south side property line (30 feet required) located at 1020 Ellis Hollow Road , Town of Ithaca Tax Parcel No. 62-2 - 13 . 7 , Business District C . A vote on the motion resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None , ABSTENTION : NONE . *The motion carried unanimously. ZONING BOARD OF APPEALS 15 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED Mr. Ellsworth stated the Planning Board denied the lighting. If this board accepts the lighting there is not a Oegal problem . Attorney Barney stated the Zoning Board of Appeals could grant the variance from the sign ordinance . The Zoning Board of Appeals can not overrule the site plan determination made by the Planning Board . The site plan determination is specific there is to be no lighting. If the variance is granted , the applicant can go before the Planning Board and ask to have the site plan approval modified . MOTION David Stotz, Seconded James Niefer. RESOLVED , that this board grant the appeal of Southern Tier Hospitality, dba Best Western University Inn requesting the replacement of the existing sign on the new portico which also includes new lighting in accordance with the recommendation of Planning Board November 1 , 1998 Resolution . That this board denies the request for fiber optic lighting outlining the building and features of the building, located at 1020 Ellis Hollow Road , Town of Ithaca Tax Parcel No . 62-2- 13 .7 , Business District C . A vote on the motion resulted as follows : AYES : Stotz , Niefer, Sigel . NAYS : Krantz . •ABSTENTIONS : Ellsworth . The motion carried . MOTION Harry Ellsworth , Seconded Ronald Krantz. RESOLVED , that this board grant the appeal of Southern Tier Hospitality, dba Best Western University Inn , requesting a special approval for allowing building renovations to the conversion of existing spaces to guest rooms as submitted in the plans subject to all conditions and findings with the two prior resolutions , located at 1020 Ellis Hollow Road , Town of Ithaca Tax Parcel No. 62-2 - 13 . 7 , Business District C . A vote on the motion resulted as follows : AYES : Stotz, Ellsworth , Krantz , Niefer, Sigel . NAYS : NONE , ABSTENTIONS : NONE . The motion carried unanimously. • The fifth appeal to be heard was as follows : ZONING BOARD OF APPEALS 16 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED •APPEAL of Robert Summers , Appellant, Daniel Strawbridge , Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to enclose a carport, creating a garage with an east side building setback of 1 . 5 ± feet ( 10 foot setback required) at 116 McIntyre Place , Town of Ithaca Tax Parcel NO . 66- 5-9 , Residence District R- 15 . Dorothy Summers , 116 McIntyre Place , stated they are requesting to enclose their existing carport. The carport was erected by the previous owners in 1973 . They are intending to only enclose the sides and erect a single large garage door matching the existing siding. Ms . Summers stated they will retain the hedge on the east side . Mr. Frost stated this property involved previous Zoning Board of Appeals actions . There was subdivision approval to allow a carport. Since the carport is becoming a garage , the Town wanted to make sure the applicant requested the appropriate variances . Chairman Stotz opened the public hearing and asked if any members of the public wished to be heard . With no persons present to be heard , Chairman Stotz closed the public hearing. Chairman Stotz stated it is much more pleasant than a carport. Will anything be done beside putting up walls? Ms . Summers stated no. It will be the same foot print. There will be an electric garage door opener. Chairman Stotz asked how the applicant planned on finishing the exterior. • Ms . Summers stated they were going to match the existing exterior. Chairman Stotz asked if the neighbors had any complaints . Ms . Summers stated she was unaware of any concerns . Chairman Stotz asked if there will be outside lighting. Ms . Summers responded no . There is current lighting outside the carport . They would have a light on the interior of the garage . MOTION Harry Ellsworth , Seconded James Nieifer. RESOLVED , that this board grant the appeal of Robert Summers, requesting a variance form the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to enclose a carport, creating a garage with and east side building setback of approximately 1 . 5 feet ( 10 foot setback required) at 116 McIntyre Place , Town of Ithaca Tax Parcel No . 66-5-9 , Residence District R- 15 , with the following condition : a. The garage be constructed in accordance with the drawings provided , siding be as specified and match the existing siding of the garage . •A vote on the motion resulted as follows : ZONING BOARD OF APPEALS 17 DECEMBER 9 , 1998 APPROVED - APPROVED - APPROVED -JANUARY 13, 1999 - APPROVED - APPROVED - APPROVED *AYES : Stotz, Ellsworth , Krantz , Niefer, Sigel . NAYS : NONE . ABSTENTIONS : NONE . The motion carried unanimously. OTHER BUSINESS : Recommendation of the 1999 Zoning Board of Appeals Chair to the Town Board . MOTION Harry Ellsworth , Seconded Ronald Krantz . RESOLVED , that this board recommend David Stotz be appointed as the 1999 Zoning Board of Appeals Chairperson . AYES : Ellsworth , Krantz , Niefer, Sigel . NAYS : NONE . ABSTENTIONS : Stotz. The motion carried . Chairman Stotz adjourned the meeting at 9 : 40 p . m . r' L: oat i ut Se retary. David Stotz, Ch rp rson . • • Date .- December 9 , 1998 To : Members of the Zoning Board of Appeals From : Ruth N 1'1ahr , 103 Judd Falls Rd . Re : Variance for lights on Cornell University , Alumni Field I would like to enter into the record some concerns regarding process issues in this matter . 1 . As a resident who will be affected by this proposal , I received notice of it one working day before the final approval by the Town Planning Board . • ' . I was not privileged to see the justification for Town staff ' s determination of no significant impact regarding traffic impacts . This information was deleted from the Environmental Assessment Form and entered only following my complaint, on this matter to the Planning Board . 3 . As a long - time resident , property- o;mer , and taxpayer in the Town , I believe that a. function of the zoning ordinance is to offer protection to property owners relative to uses in their neighborhoods . The fact that this project is located in an R - 30 zone would seem to offer me reasonable assurance that seventy foot light poles would not be erected within a block and a calf of my house , which is also in an R - 30 zone . A . I further believe that a function of the Planning Board and the Zoning Board of Appeals is to protect the public interest in matters that come before it . This will not transpire if eniWonmental assessments are false or incomplete ; if Town staff has no objective • criterion by which to measure " significant" impact ; if public opinion is not sought in timely fashion ; and if the Zoning Board of Appeals takes lightly its obligation to uphold the zoning ordinance ATTACHMENT # 1 of thi3 Toxam . vr " � ` 5 . I do rjt feel t :P, t the procedures ff ollozyed in this case Aoffered or other members of the public the prorectgois that I would expect from Tom, goverment , wr k6t LU 1 'w �L i �1Ny IM fV UiU/J L & 4 } W W.,.�� � V4� '�`"J 1/LnA/V✓'� 'i • III • TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, DECEMBER 9, 1998 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, December 9, 1998, 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 Timothy and Anne Benedict, Appellants, Mark Masler, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to allow for an existing residential building to be maintained with a north side yard building setback of 14. 6 feet ( 15 foot setback required), at 174 Lexington Drive, Town of Ithaca Tax Parcel No. 72- 1 - 12 . 10, Residence District R- 15 . APPEAL of Southern Tier Hospitality, dba Best Western University Inn , Owner/Appellant, Jagat P. Sharma, Agent, requesting a special approval from the Zoning Board of Appeals under Article VII, Section 34 of the Town of Ithaca Zoning Ordinance, to allow for building renovations, including, but not limited to, the conversion of restaurant space to guest rooms, at the Best Western motel located at 1020 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2- 13 . 7, Business District C. A variance from Section 37 of said Ordinance is also required to allow structures to be less than 30 feet to the south side property line ( 10 + feet proposed). Additionally, variances from sections 5 . 02- 1 , 5 . 02-4, and 6 .01 -4 of the Town of Ithaca Sign Law are also being requested to allow for the replacement of existing signs on the building' s portico, which will also include new lighting. APPEAL of Cornell University, Appellant, Robert Blackeney, Agent, requesting a special approval from the • Zoning Board of Appeals under Article V, Section 18, paragraph 3 of the Town of Ithaca Zoning Ordinance, to allow for the construction of new bleacher seats and lighting for the Alumni Field soccer field at Cornell University, Town of Ithaca Tax Parcels No. 63 - 1 -8 .2 and 67- 1 - 13 .2, Residence District R- 15 . A variance from Section 18, paragraph 10 is also being requested to allow for lighting to be mounted on 8 poles, 70 feet in height, whereas such structures are limited to a height of 30 feet. APPEAL of Dennis Wille, Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to allow for the conversion of a carport into enclosed living space with a north side yard building setback of 12 feet ( 15 foot setback required) at 212 Muriel Street, Town of Ithaca Tax Parcel No. 70- 1 -7, Residence District R- 15 . APPEAL of Robert Summers, Appellant, Daniel Strawbridge, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to enclose a carport, creating a garage with an east side building setback of 1 . 5 ± feet ( 10 foot setback required) at 116 McIntyre Place, Town of Ithaca Tax Parcel No. 66-5-9, Residence District R- 15 . 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: December 1 , 1998 Published: December 4, 1998