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HomeMy WebLinkAboutZBA Minutes 1999-03-10 f11.® TC" OF RHACA Li [Siga� Oefa TOWN OF ITHACA cbr • ZONING BOARD OF APPEALS WEDNESDAY, MARCH 10, 1999 7 : 00 p . m . APPEAL of Cornell University , Appellant , Kim Martinson , Agent , requesting a special approval under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to rebuild and reconstruct a section of Campus Road between Tower and Caldwell Roads off of Dryden Road , Town of Ithaca Tax Parcel No . 63= 1 -2 . 2 , = 12 , -3 . 11 -3 . 3 , 67- 1 - 10 . 2 , and = 10 . 6 , Residence District R- 30 . APPEAL GRANTED APPEAL of the Wonderland Motel , Harry Patel , Owner , Joanne Austin , Agent , requesting a variance under the Section 8 . 05= 3 of the Town of Ithaca Sign Law in order to change a preexisting nonconforming sign at the Wonderlan Motel , located at 654 Elmira Road , Town of Ithaca Tax Parcel No . 33-3- 6 , Business District C . A new sign panel of 78 square feet is proposed , whereas 50 square feet is allowed . APPEAL GRANTED •APPEAL of Cornell University , Appellant , Robert Blakeney, Agent , requesting a special approval under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a one story 8 , 325 t square foot addition to the Reis Tennis Center, located at 230 Pine Tree Road , Town of Ithaca Tax Parcel No . 60= 1 -8 . 2 , and 41 , Residence District R-30 . APPEAL GRANTED TOWN OF ITHACA • ZONING BOARD OF APPEALS WEDNESDAY, MARCH 10, 1999 7 : 00 p. m . PRESENT: Harry Ellsworth , Vice Chairperson ; Ronald Krantz, Board Member; James Niefer , Board Member; Kirk Sigel , Board Member; Andrew Frost , Director Building/Zoning ; John Barney, Attorney for the Town ; Christine Balestra , Planner. EXCUSED : David Stotz , Chairperson . OTHERS : Alonna Lamb , ICSD Sign Language Interpreter ; John Frost , Student ; Robert Blakeney, Cornell University ; Harry Patel , Wonderland Motel ; Kim Martinson , Cornell University; Jeff Yoder , Pac Signs ; Shirley Egan , Cornell University ; John Gutenberger , Cornell University ; Pat Graham , Cornell University. Vice Chairman Ellsworth led the meeting to order at 7 : 03 p. m . , stating that all posting , publication , and notification of the public hearings had been completed and were in the following order: The first appeal to be heard by the board was as follows : • APPEAL of Cornell University, Appellant , Kim Martinson , Agent , requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to rebuild and reconstruct a section of Campus Road between Tower and Caldwell Roads off of Dryden Road , Town of Ithaca Tax Parcel No . 63= 1 -2 . 2 , = 129 - 3 . 19 - 3 . 31 67= 1 - 10 . 2 , and = 10 . 6 , Residence District R= 30 , Kim Martinson , Cornell University, stated the project consists of the reconstruction of Campus Road between Tower and Caldwell Roads . They are taking out landscape islands in the B- Lot Parking Lot to add a driving lane . The intent is to create a safer situation along Campus Road so there are not so many exits/entrances . The second is to look into the future for a better parking lot design . The elimination of islands are for maintenance purposes . The snow plows have a difficult time and it is hard to mow the islands . The parking lot is not part of this project , but it explains the configuration of the driving lane . The drainage will be upgraded . Additional catch basins will be installed along Campus Road to tie into the existing drainage structure . There will the addition of two catch basins in the parking lot . It will mostly use the existing drainage . Ms . Martinson explained they intend to have small trees on the landscape island between Campus Road and the parking lot . Mr. Niefer asked if they are losing parking spaces with this project . Ms . Martinson responded yes . • Mr. Niefer asked if they will gain parking spaces with the new configuration . ZONING BOARD OF APPEALS PAGE 2 MARCH 10, 1999 APPROVED - APPROVED - APPROVED - APRIL 14, 1999 - APPROVED - APPROVED - APPROVED Ms . Martinson replied they will gain approximately 173 parking spaces . • Mr. Niefer asked if it was anticipated that Caldwell Road will be improved due to the lights being installed . Ms . Martinson responded the State is installing the traffic control lights . The Town of Ithaca is designing an improvement project for Caldwell Road . Hopefully, the projects will be happening at the same time . Vice Chairman Ellsworth opened the public hearing at 7 : 10 p. m . , and asked if any members of the public wished to be heard . With no persons present to be heard , Vice Chairman Ellsworth closed the public hearing at 7 : 11 p . m . ENVIRONMENTAL ASSESSMENT: Ms . Balestra stated staff does not have much concern with environmental impacts . There will be minor traffic impacts . Staff recommends a negative determination . MOTION made by Ronald Krantz, seconded by Kirk Sigel. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Cornell University, requesting a special approval under Article V, Section 18 of the Town of , Ithaca Zoning Ordinance, to be permitted to rebuild and reconstruct a section of Campus Road between Tower and Caldwell Roads off Dryden Road, Town of Ithaca Tax Parcel No. 634-2. 2, - 12, - 3. 1 , -3. 3, 67- 1 - 10. 2, and - 10. 6, Residence District R-30. A vote on the motion resulted as follows: AYES: Ellsworth, Krantz, Niefer, Sigel, NAYS: None. ABSTENTION: None. The motion carried unanimously. MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board grant the appeal of Cornell University, requesting a special approval under Article V. Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to rebuild and reconstruct a section of Campus Road between Tower and Caldwell Roads off Dryden Road, Town of Ithaca Tax Parcel No. 63-4-2. 2, - 12, -3. 1 , -3. 3, 674 - 10.2, and - 10. 6, Residence District R-30. A vote on the motion resulted as follows: ZONING BOARD OF APPEALS PAGE 3 MARCH 10 , 1999 APPROVED - APPROVED - APPROVED - APRIL 14, 1999 - APPROVED - APPROVED - APPROVED AYES: Ellsworth, Krantz, Niefer, Sigel. NA YS: None. ABSTENTION: None. The motion carried unanimously. The second appeal to be heard was as follows : APPEAL of the Wonderland Motel , Harry Patel , Owner, Joanne Austin , Agent , requesting a variance under the Section 8 . 05-3 of the Town of Ithaca Sign Law in order to change a preexisting nonconforming sign at the Wonderland Motel , located at 654 Elmira Road , Town of Ithaca Tax Parcel No . 33- 3-6 , Business District C . A new sign panel of 78 square feet is proposed , whereas 50 square feet is allowed . Attorney Barney stated he represents Mr. Patel on other matters . Jeff Yoder, Pac Signs , stated Mr. Patel contracted with Pac Signs to make a new sign . The new sign was built with the intention of not going over the square footage of the current sign . As it turned out , the current signs are nonconforming . A variance was filed for square footage . The understanding with the planning staff is that if the three smaller signs are removed , then the new sign ecan be installed . Mr. Frost stated this has been before the Sign Review Board . They are recommending that the Zoning Board of Appeals allow the sign as long as the other panels are removed . Vice Chairman Ellsworth asked if the new sign will still be nonconforming with the other signs being removed . Ms . Balestra replied the requirement is 50 square feet . This sign is 87 square feet . Mr. Niefer asked if the sign was over 20 feet high . Mr. Frost responded no . The sign law states that changes cannot be made to a nonconforming sign without a variance from the Zoning Board of Appeals . Vice Chairman Ellsworth opened the public hearing at 7 : 19 p. m . , and asked if any members of the public wished to be heard . John Frost asked if one sign was replacing four signs . Mr. Yoder responded yes . • ZONING BOARD OF APPEALS PAGE 4 MARCH 10 , 1999 APPROVED - APPROVED - APPROVED - APRIL 14, 1999 - APPROVED - APPROVED - APPROVED Vice Chairman Ellsworth closed the public hearing at 7 : 20 p. m . , with no other persons present Oto be heard . ENVIRONMENTAL ASSESSMENT: Ms . Balestra stated the only concern staff and the Planning Board has were accumulative aesthetic impacts . This area is considered the entrance into the Town . Most of the other sign in Town are compliant in the Business C District . The largest signs are the gas station sign , but are all under 100 square feet . Mr. Niefer asked if this sign is back lit . Mr. Yoder responded it is internally lit . Mr. Niefer asked which part of the sign will show at night . Mr. Yoder stated the entire sign will be lit . The words will be white with the background dark green . There is an outline in red . The material is a special vinyl . Mr. Niefer asked if the sign had neon lighting . Mr. Yoder stated the sign does not have neon lighting . • MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Wonderland Motel, requesting a variance under section 8. 05=3 of the Town of Ithaca Sign Law in order to change a preexisting nonconforming sign at Wonderland Motel, located at 654 Elmira Road, Town of Ithaca Tax Parcel No. 33=3-6, Business District C. A vote on the motion resulted as follows: AYES. Ellsworth, Krantz, Niefer, Sigel. NAYS: None. ABSTENTION: None. The motion carried unanimously. MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this board grant the appeal of Wonderland Motel, requesting a variance under Section 8. 05=3 of the Town of Ithaca Sign Law in order to change a preexisting nonconforming sign at • the Wonderland Motel, located at 654 Elmira Road, Town of Ithaca Tax Parcel No. 33=3-6, Business ZONING BOARD OF APPEALS PAGE 5 MARCH 10 , 1999 APPROVED - APPROVED - APPROVED - APRIL 14, 1999 - APPROVED - APPROVED - APPROVED District C. The new sign panel shall not exceed 90 square feet, whereas 50 square feet is allowed *based on the following conditions: a. That the height of the sign not exceed 19 feet, and b. That the other sign panels below the Wonderland Motel sign be removed. A vote on the motion resulted as follows: AYES: Ellsworth, Krantz, Niefer, Sigel. NAYS: None. ABSTENTION: None. The motion carried unanimously. The third appeal to be heard was as follows : APPEAL of Cornell University , Appellant , Robert Blakeney, Agent , requesting a special approval under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a one story 8 , 325 ± square foot addition to the Reis Tennis Center, located at 230 Pine Tree Road , •Town of Ithaca Tax Parcel No . 60- 1 -8 . 2 , and 41 , Residence District R-30 . Robert Blakeney, Cornell University , stated the application requests approval to construct an 8 , 325 square foot addition to the existing Reis Tennis Center Building for the purpose of accommodating six squash courts . These courts would be attached to the rear of the building between the building and the existing outdoor tennis courts . This would be a one story addition . These courts are needed by the University in order to host international competitions . The squash courts that currently exist at the Grumman Squash Court facilities are not large enough and do not satisfy the requirements of international squash courts . This proposal is consistent with the Master Plan for Precinct 9 that was presented to the Town this past May. The squash courts are represented by the dark brown area . The Reis Tennis Center is a metal building and the addition will also be a medal building . The addition is not visible from Pine Tree Road because it is lower than the existing building . It would be not visible in the wintertime through the trees . The courts will be used for competition squash . Mr. Niefer asked what the green rectangular areas are . Mr. Blakeney stated they are future soccer fields . Mr. Niefer asked if a study has been made of the need for more parking . Mr. Blakeney stated the people using the facility will come by a variety of transportation . It is efelt that there is sufficient parking to accommodate the squash courts . No additional parking is ZONING BOARD OF APPEALS PAGE 6 MARCH 10 , 1999 APPROVED - APPROVED - APPROVED - APRIL 14, 1999 - APPROVED - APPROVED - APPROVED planned . There is an existing gravel parking lot for parking overflow. There are a variety of activities Wn site , but they take place during different seasons . Mr. Blakeney indicated that there is also parking available at the Polo Facility Mr. Krantz asked if the old squash courts will become obsolete . Mr. Blakeney stated they cannot be used for international competition because they are too small . Pat Graham , Cornell University Athletics , stated the existing courts are sized for league play . The international rules have been changed where they have to have larger courts . The current courts cannot be made larger. These courts will be made into the international size courts which allow us to hold competitions . Mr. Sigel stated the international rules have never changed . The American Squash community made a smaller courts . Will access be offered to the new courts? Mr. Graham stated at this time the squash courts will be used for team use and sports camps . Grumman 's courts will be open to the public . Vice Chairman Ellsworth opened the public hearing at 7 : 35 p . m . , and asked if any members of the public wished to be heard . With no persons present to be heard , Vice Chairman Ellsworth •closed the public hearing at 7 : 36 p . m . ENVIRONMENTAL ASSESSMENT: Ms . Balestra stated staff recommends a negative determination . MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Cornell University requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a one story 8, 325 t square foot addition to the Reis Tennis Center, located at 230 Pine Tree Road, Town of Ithaca Tax parcel No. 60- 1 -8. 0, and - 9. 1 , Residence District R-30. A vote on the motion resulted as follows: AYES: Ellsworth, Krantz, Niefer, Sigel. NAYS: None. ABSTENTION: None. • The motion carried unanimously. ZONING BOARD OF APPEALS PAGE 7 MARCH 10 , 1999 APPROVED - APPROVED - APPROVED - APRIL 14, 1999 - APPROVED - APPROVED - APPROVED MOTION made by Kirk Sigel, seconded by Ronald Krantz. 41 RESOLVED that this board grant the appeal of Cornell University, requesting special approval under Article V. Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a one story 81325 t square foot addition to the Reis Tennis Center, located at 230 Pine Tree Road, Town of Ithaca Tax Parcel No. 60- 1 -8. 2 and -9. 1, Residence District R-30. A vote on the motion resulted as follows: AYES: Ellsworth, Krantz, Niefer, Sigel. NAYS: None. ABSTENTION: None. The motion carried unanimously. Vice Chairman Ellsworth adjourned the meeting at 7 : 39 p . m . ILW , &Am tg/4 ? Carrie L. Coates , Minutes Se ret ry. • Har . Ellsworth , Vice Chairper, on . TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal. Notice of public 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, March 10, 1999, 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: March 3, 1999 Date- of publication: March 5. 1999 � Q Dani L. Holford, Building and Zoning r4partment Secretarx„ Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 5th day of March, 1999. Notis faruy!J, Saxton Notary Public, State of New York Registration #01SA5044003 Qualified in Tioga Coun My Commission Expires c TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY. MARCH 10. 1999 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, March 10, 1999, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N. Y. , COMMENCING AT 7 : 00 P .M. , on the following matters. APPEAL of the Wonderland Matel, Harry Patel; Owner, Joanne Austin; Agent, requesting a variance under Section 8 . 05-3 of the Town of Ithaca Sign Law in order to change a preexisting nonconforming sign at the Wonderland Motel, located at 654 Elmira Road, Town of Ithaca Tax Parcel No. 33-3 -6, Business District C . A new sign panel of 78 square feet is proposed, whereas 50 square feet is allowed. APPEAL of Cornell University, Appellant, Kim Martinson, Agent, requesting a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted-to rebuild and reconstruct a section- of Campus Road between Tower and- Caldwell Roads off of Dryden Road, Town of Ithaca Tax Parcel No . 63 - 1 -2 .2, - 12 , -3 . 1 , -3 . 3 , 67- 140.2, and 40. 6, Residence District R-30 . APPEAL of Cornell University, Appellant, Robert Blakeney, Agent, requesting- a special approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a one story 8,325 ± square foot addition to the Reis Tennis Center, located at 230 Pine Tree Road, Town of Ithaca Tax Parcel No . 60- I -8 .2 , and -9 . 1 , Residence District R-30. Said Zoning Board of Appeals will at said time-, 7 :O& 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: March 3 , 1999 Published: March 5 , 1999