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HomeMy WebLinkAboutZBA Minutes 1999-04-14 AAM MW OF RH4CA' TOWN OF ITHACA ZONING BOARD OF APPEALS �-�2q2 WEDNESDAY, APRIL 14, 1999 tJ�rk l�c�a� ► . �' �'d 7 : 00 P. M . APPEAL of Donn Carroll , Appellant , requesting a variance from the requirements of Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a fence with a height of 7 feet (6 feet maximum allowed ) at a residential property located at 651 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 -2-25 . 2 , Residence District R-30 . APPEAL GRANTED APPEAL of Penn Traffic Company, Appellant , David Herrick , Agent , Cornell University, Owner, requesting a variance from the requirements of Article VII , Section 37 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge the P&C supermarket , with an 18 foot rear yard building setback (30 foot setback required) at East Hill Plaza , 315 Pine Tree Road , Town of Ithaca Tax Parcel N0 . 62-2- 1 . 121 , Business C Zone . APPEAL GRANTED APPEAL of Sui- ling Chaloemtiarana , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a house Wown ith a front yard building setback of 17 . 5 ± feet (25 feet required ) at 881 Taughannock Boulevard , of Ithaca Tax Parcel No , 25 =2-20 . 2 , Residence District R- 15 . APPEAL GRANTED APPEAL of Ithaca College , Appellant , HOLT Architects , Douglas Look, Agent , requesting a special approval from the Zoning Board of Appeals under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a one story 1 , 820 square foot addition to the Roy H . Park School of Communications on the Ithaca College Campus , Town of Ithaca Tax Parcel No . 41 = 1 -30 . 2 , Residence District R- 15 . APPEAL GRANTED APPEAL of Ivar Jonson , DBA Summerhill Apartments , Appellant , Lawrence Fabbroni , Agent , requesting variances under Article VI , Section 28 and 29 of the Town of Ithaca Zoning Ordinance , to permit the construction of Phase II of the Summerhill Apartments , with proposed buildings to have 35 foot front yard building setbacks , 15 foot side yard setbacks , 25 foot rear yard setbacks , and 20 feet of separation between buildings . Said apartments are located at 1026 Ellis Hollow Road , Town of Ithaca Tax Parcel No , 62-2- 1 . 127 , Multiple Residence District . APPEAL GRANTED FYA! ftyWN OF rfHACA, TOWN OF ITHACA ZONING • BOARD OF APPEALS WEDNESDAY, APRIL 14, 1999 7 : 00 P. M . PRESENT: David Stotz, Chairperson ; Harry Ellsworth , Board Member; Ronald Krantz, Board Member; James Niefer, Board Member ; Kirk Sigel , Board Member; Andrew Frost , Director Building/Zoning ; John Barney, Attorney for the Town (7 : 14 p . m . ) . OTHERS : Donn Carroll , 651 Five Mile Drive ; Dave Herrick , TG Miller P . C . ; Tom Salm , Ithaca College ; Thak Chaloemtiarana , 881 Taughannock Blvd . ; Robin Seeley, 332 Hurd Road ; S . Chaloemtiarana , 881 Taughannock Blvd . ; Robert O' Brien , Holt Architects ; Larry Fabbroni , 1227 Warren Road ; Bill Seldin , 120 Northview Road , Chairman Stotz led the meeting to order at 7 : 05 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 Donn Carroll , Appellant , requesting a variance from the requirements of Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a fence with a height of 7 feet (6 feet maximum allowed) at a residential property located at 651 Five Mile Drive , Town of • Ithaca Tax Parcel No . 31 -2 -25 . 2 , Residence District R-30 . Donn Carroll , 651 Five Mile Drive , stated at the end of a major renovation under permit he built a fence assuming it was not required to have a variance . It is seven feet in height to provide sound and visual barrier for an apartment on the front of the house which was done under permit . Mr. Carroll stated he would like to maintain the fence at this height for the reasons that it would be difficult to modify and it is built appropriate for the lines on the house . Mr. Ellsworth asked which lines on the house was he referring to . Mr. Carroll responded the trim lines on the house and the top of the windows . The apartment in the front has windows that are parallel and close to the street . There are sound and privacy issues in the space . Chairman Stotz asked what is directly across the street . Mr. Carroll replied it is a cemetery. Mr. Krantz asked if there was any objection by his neighbors . Mr. Carroll stated no . Chairman Stotz stated on the application it mentioned that the fence would be extended at the • same height in the future . ZONING BOARD OF APPEALS PAGE 2 APRIL 14 , 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED Mr. Carroll stated if he had the money, it would have been extended further north . • Chairman Stotz asked what his plans are . Mr. Carroll replied he would like to continue the fence at seven feet . He would like to be able to build the fence in both directions and extend it at the same height . Chairman Stotz asked if he was asking for approval of the existing fence and to extend the fence to the north . Why does the fence need to be seven feet tall in the additional 16 feet? Does not it go beyond the house? Mr. Carroll stated the fence would go well beyond the house . It is a single line that protects visually from 13a . It also provides additional visual privacy and a better look. Mr. Krantz asked if the fence was six feet in height Mr. Carroll would not be here , is that correct? Chairman Stotz responded yes . The only issue he is concerned with is setting a precedence . Andrew Frost , Director of Building/Zoning , stated Mr. Carroll is on a state highway with heavy traffic. Mr. Carroll stated he also around the corner from the bus garage with consistent heavy bus Wraffic morning and afternoon . George Frantz, Assistant Town Planner, stated seven versus six feet does not matter in this case . Any sound barrier the fence may have is eliminated by the gap at the bottom . There needs to be a solid barrier from the ground upwards . It has to intercept the straight line from the source of the noise to the house . The biggest source of noise on a highway are the tires . To distinguish this property from others is that it is close to a state highway with a speed of 45 mph . The noise level and traffic increases with speed . The higher the speed is the nosier a highway will be . This particular house appears to be a former store which means large windows in the front of the house . In renovating the applicant has been very careful in preserving the original character of the architecture . Chairman Stotz opened the public hearing at 7 : 13 p . m . , 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 at 7 : 14 p . m . ENVIRONMENTAL ASSESSMENT: Mr. Frantz stated staff recommends a negative determination . MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Donn Carroll, requesting a variance from the requirements of Article Xlll, Section 65 of the • Town of Ithaca Zoning Ordinance, to be permitted to maintain a fence with a height of 7 feet (6 feet ZONING BOARD OF APPEALS PAGE 3 APRIL 14 , 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED maximum allowed) and be permitted to enlarge the fence an additional 16 feet at a residential property located at 651 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2-25.2, Residence District R-30. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: None, ABSTENTION: None, The MOTION carried unanimously. MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board grant the appeal of Donn Carroll, requesting a variance from the requirements of Article X111, Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a fence with a height of 7 feet (6 feet maximum allowed) and be permitted to enlarge the fence no more than 20 feet at a residential property located at 651 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2-25. 2, Residence District R-30. • A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: None, ABSTENTION: None. The MOTION carried unanimously. The second appeal to be heard was as follows : APPEAL of Penn Traffic Company, Appellant , David Herrick , Agent , Cornell University, Owner, requesting a variance from the requirements of Article VII , Section 37 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge the P&C supermarket, with an 18 foot rear yard building setback (30 foot setback required ) at East Hill Plaza , 315 Pine Tree Road , Town of Ithaca Tax Parcel No . 62-2- 1 . 121 , Business C Zone , David Herrick , TG Miller Engineers , stated they were before the board three years ago making the same appeal following Preliminary Site Plan approval from the Planning Board for this expansion project . The Final Site Plan approval was granted later in 1996 , but the project has not been started . They are closing on the three year window for Final Site Plan approval and executing the option of obtaining a building permit . They have lost the eighteen month period for the appeal for the variance setback . Penn Traffic is expecting to begin the project following the resolution of their debt ZONING BOARD OF APPEALS PAGE 4 APRIL 14 , 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED David Norcross , the Vice President of Real Estate , sent to the Planning Board a letter , consolidation . of intent to obtain a building permit of this project prior to June of 1999 . Mr. Herrick stated they are asking the Zoning Board of Appeals to reaffirm its findings of the May 1996 meeting to permit the deficiency in the rear yard setback for the existing building and two thirds of the proposed addition . The required setback is 30 feet and the appeal is for 18 feet . The length of the existing building not conforming to the setback today is about 22 feet . The additional portion of this expansion not conforming would be another 53 feet . This property is zoned Business District C . It is retail use permitted with special approval . The adjoining land uses are Coyote Loco to the north , Judd Falls Plaza to the west , and Court Side Racquet and Fitness Club . Mr. Herrick stated they had Preliminary Site Plan approval on May 7 , 1996 . The original zoning variance was granted on May 26 , 1996 . The Final Site Plan Approval was granted on July 16 , 1996 . P&C was considering expansion of their food market by approximately 8 , 970 square feet . Their expectation , as now, was to renovate the interior layout of their food market . There will also be a modification to the entrance . The layout of the building would be to walk into the perishable foods departments , then the aisles of canned and boxed goods would continue from the entrance back to the west into the new addition . The check out aisles would be reconfigured in the front of the store . The existing parking area at the East Hill Plaza will be utilized for the expansion . The parking would no longer be there . There is parking available in the front of the store . The balance that would not be used for the building will be used for landscape . A landscape plan was developed for roughly 40 feet from the edge of the new building to the street line . There are no doors along the side of the expansion . There was a fire zone along that side of the building . The project was reviewed with the fire department and the fire zone is no longer needed in that location . Site distances at the intersection of the driveway, which is adjacent to and behind this building , will be consistent with what is present today. There is enough landscaping out and adjacent to the sidewalk along the edge of the existing parking that is needed to approach the intersection in order to see safely in both directions . We do not anticipate any impacts . The site distances for the traffic that does use the neighboring intersection with Pine Tree Road . As Penn Traffic stated last time and still would like to affirm . This expansion does not significantly increase the number of their customers . It generates more sales of their current customer base . The adjacent land use is commercial and business. Permitting the variance will not result in undesirable changes in the character of the neighborhood . The SEAR and the negative determination asserted it also . The non -conforming condition already exists on the back side of the building . It has not created any adverse impact to any of the surrounding uses or land owners in the area . Adherence to the 30 foot setback would drastically impact the interior floor layout as it has been developed . It would reduce the footage by 500 square feet . They feel it is enough of an alteration in their floor plan would make the project too small to pursue . Chairman Stotz asked if the building addition is the same as presented before . There has not • been changes . ZONING BOARD OF APPEALS PAGE 5 APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED Mr. Herrick stated there are no changes to the plan . It is the same footprint and the same site • plan . Chairman Stotz opened the public hearing at 7 : 25 p . m . , and asked if any members of the public wished to be heard . Robin Seeley, 332 Hurd Road , asked how much extra traffic the P&C will create . Mr. Herrick stated there will not be significant increases in traffic . It might attract a few more customers , but the expectation and experience that P&C has had is that they increase sales to the current customer base . Chairman Stotz stated it is conceivable that additional customers might be attracted to the store because of the variety. Mr. Herrick stated Penn Traffic has not been asked to quantify because it is not expected to be significant . Mr. Frantz stated it was quantified in 1996 when the Planning Department did their review. He did not have the information with him , but it was not be a lot of additional traffic generated . One of the reasons is that supermarkets tend to have more open space in them . In many regards this additional square footage is not going towards retail sales area . It will make the store look more modern . The staff assessment in 1996 was that there was not going to be a significant increase in traffic. Ms . Seeley stated she has been looking at a lot of traffic models . One thing that has changed since 1996 is the bank drive- in and the proposed Burger King drive- in . They are anticipated to create a significant increase in traffic . The square footage of a retail establishment allows the determination of increase traffic use . The traffic in the area is a problem . Chairman Stotz closed the public hearing at 7 : 28 p . m . , with no other persons present to be heard . Chairman Stotz asked how the board felt about traffic . Mr. Ellsworth stated there will be more traffic to the plaza , but it will be based on other projects . It will be hard to establish what is creating the traffic . Mr. Frantz stated when staff does their traffic impact assessments , they use the Institute of Transportation Engineers Reference Book . It is based on square footage . Chairman Stotz stated there is a long term issue about traffic at the intersection . Mr . Frost stated East Hill Plaza has a traffic problem . It has had an accumulative affect . The traffic has been studied more in that area than any other area in the Town . ZONING BOARD OF APPEALS PAGE 6 APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 911999 - APPROVED - APPROVED - APPROVED Chairman Stotz asked if this a new variance or an extension of the previously approved • variance . Attorney Barney stated it is a variance . It expires unless an application is made to extend it . Chairman Stotz stated there were stipulations in the old motion . They should be included within this motion . Attorney Barney stated the variance does expire . It will be a new variance . MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board grant the appeal of Penn Traffic Company, requesting a variance from the requirements of Article Vll, Section 37 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge the P& C supermarket, with an 18 foot rear yard building setback (30 foot setback required) at East Hill Plaza, 315 Pine Tree Road, Town of Ithaca Tax Parcel No. 62-2- 1 . 121 , Business C Zone, with the findings of the 1996 variance as follows: 1 . There is already an existing deficiency in the setback along the north. 2. That the area surrounding this building is basically commercial in nature, bounded on the north by a restaurant type facility, on the west across the road by essentially another shopping plaza • and bowling alley, and to the east the remainder of the shopping center that this building is in. 3. That there is no significant adverse change in the character of the neighborhood by the reason of this extension. 4. The benefit to the applicant of the increased interior space outweighs any detriment to the surrounding neighborhood as the result of this expansion. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None, ABSTENTION: None, The MOTION carried unanimously. The third appeal to be heard was as follows : APPEAL of Sui- ling Chaloemtiarana , Appellant , requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a house with a front yard building setback of 17 . 5 t feet (25 feet required ) at 881 Taughannock Boulevard , . Town of Ithaca Tax Parcel No , 25 -2-20 . 2 , Residence District R- 15 . ZONING BOARD OF APPEALS PAGE 7 APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 911999 - APPROVED - APPROVED - APPROVED Thak Chaloemtiarana , 881 Taughannock Blvd . , stated he is here to appeal a deficient front • yard setback. The setback of the house is 17 . 3 feet and the requirement is 25 feet . This was discovered when they went to refinance their house . They have been living there for 5 years . The bank attorney discovered that they did not have the right setback . It was the first time they had heard that . They contacted the builder and he told them that a lot was survey initially. The building was not constructed immediately. During that period there was drunk driver who crashed into the culvert . He thinks the accident removed the pin . Then when the house was constructed they did not know where the pin was . The lot line is very unusual . It falls past the cement culvert . The lot line was moved for access to the culvert . It was drawn differently than the rest . Chairman Stotz asked if they had the house built . Mr. Chaloemtiarana stated the house was built by an architect . They had a loan from the bank and they would release money as the house was being built . Mr. Frost stated the building permit issued shows it as 25 foot setback . Attorney Barney asked if there was a requirement that a survey be obtained after the foundation was placed on the lot . Mr. Chaloemtiarana stated he assumed so , but he is not sure . • Mr. Niefer asked if the building department checks the measurements . Mr. Frost stated the last time they did that they were measuring on stakes that were misplaced . That caused them to come to the board 4 or 5 times . They avoid taking measurements because they cannot rely on the stakes and pins . Town representatives were out during construction . They have authorization from the Town Board to require surveys when they deem appropriate . He does not know if they had the authorization at that time . There is a slope that minimizes the impact . Chairman Stotz stated there is a concrete retaining wall and then very steep slope that intersects with the driveway. Chairman Stotz opened the public hearing at 7 : 41 p . m . , and asked if any members of the public wished to be heard . With no persons present to be hear, Chairman Stotz closed the public hearing at 7 : 42 p . m . MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this board grant the appeal of Sui-ling Chaloemtiarana, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a house with a front yard building setback of not less than 17 feet (25 feet required) at 881 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-20. 2, Residence District R- 15. On the finding that the detriment to the applicant for not granting the out ways the possible detriment to the • neighborhood character. ZONING BOARD OF APPEALS PAGE 8 APRIL 14 , 1999 APPROVED - APPROVED - APPROVED - JUNE 911999 - APPROVED - APPROVED - APPROVED • A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: None. ABSTENTION: None. The MOTION carried unanimously. The fourth appeal to be heard was as follows : APPEAL of Ithaca College , Appellant , HOLT Architects , Douglas Look, Agent , requesting a special approval from the Zoning Board of Appeals under Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a one story 1 , 820 square foot addition to the Roy H . Park School of Communications on the Ithaca College Campus , Town of Ithaca Tax Parcel No , 41 - 1 -30 . 2 , Residence District R- 15 . Robert O' Brien , Ithaca College , stated the purpose of the addition is to provide larger space for an existing area in the building where electronic equipment is dispensed . The design of the addition is in keeping with the existing building . It has the same materials and is one story. Chairman Stotz stated it is a storage facility for equipment and will be a check out point for • equipment . Mr. O' Brien stated there is an area for it now. It has become too small and more space is needed . Chairman Stotz asked if there will be outside entrance ways to the addition . Mr . O' Brien stated there is an existing entrance to the building that is adjacent to it . Mr. Frost stated this has received Planning Board approval . Chairman Stotz stated the application states that parking facilities are more than adequate . Will staff be increased ? Mr . O' Brien stated there is not an increase in staff or students . It is an increase in space for equipment . Mr. Krantz asked if this addition without an outside door poses a safety hazard . Mr. O' Brien replied no . . Chairman Stotz asked if the addition will have sprinklers . ZONING BOARD OF APPEALS PAGE 9 APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED . Mr. O' Brien stated the building predates the sprinkler ordinance . It is not required . Chairman Stotz asked what provision for fire safety will be used . Mr. O' Brien stated that there is a fire alarm and smoke detectors as throughout the building . Mr. Frost stated the plans he reviewed showed a sprinkler in the stairwell . He interpreted as being in a new stairwell . Mr. O' Brien stated there is not a new stairwell . There is a partial sprinkler in the building . This is an open commuting stair between the two stairwells . Attorney Barney asked if the reason the addition does not need sprinklers because the existing building does not have sprinklers . Mr. Frost stated if there was a sprinkler system existing it would have been required . Chairman Stotz opened the public hearing at 8 : 10 p . m . , 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 at 8 : 11 p . m . Attorney Barney stated a recent Court of Appeals decision ruled that an educational institution • with an enlargement of 10 , 000 square feet or less does not require SEAR review. MOTION made by Mr. Ellsworth, seconded by Mr. Krantz RESOLVED, that this board grant the appeal of Ithaca College, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a one story 1 , 850 square foot addition to the Roy H. Park School of Communications on the Ithaca College Campus, Town of Ithaca Tax Parcel No. 41 = 1 -30. 2, Residence District R- 15, meeting all the requirements of Section 77, subdivision 7, subparagraphs a - h based upon the following: a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; b, the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed use; C, the specific proposed change in land use as a result of the proposed project is in accordance with a Comprehensive Plan of development for the Town of Ithaca . A vote on the motion resulted as follows: • AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. ZONING BOARD OF APPEALS PAGE 10 APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED , NAYS.6 None. ABSTENTION: None. The MOTION carried unanimously. The fifth appeal to be heard was as follows : APPEAL of Ivar Jonson , DBA Summerhill Apartments , Appellant , Lawrence Fabbroni , Agent , requesting variances under Article VI , Section 28 and 29 of the Town of Ithaca Zoning Ordinance , to permit the construction of Phase II of the Summerhill Apartments , with proposed buildings to have 35 foot front yard building setbacks , 15 foot side yard setbacks , 25 foot rear yard setbacks , and 20 feet of separation between buildings . Said apartments are located at 1026 Ellis Hollow Road , Town of Ithaca Tax Parcel No . 62-2 - 1 . 127 , Multiple Residence District , Larry Fabbroni , Engineer, stated in 1981 a site plan was approved for 108 units . It was 18 units per building with three story buildings . The project was never brought forward . In 1998 a revised site plan was brought before the Planning Board . It met the yard requirements . There was a constructive meeting in March 1998 . The Planning Board stressed an interest in developing more interior open space . They have identified the interior of the site as a wetland . It has been studied . There is a drainage area that comes through the area through a culvert and travels to the CFCU site . Mr. Fabbroni stated the parking lots were decreased . There is only two buildings that are three story. The Planning Board was pleased with the interior space that had been created in the new plan . This created the need for variance requests . The applicant feels this is a desirable character to the neighborhood . In asking for variances , most of them involve the building setback and no parking within the required front yard setbacks . Mr. Fabbroni explained the front yard would be on the west side along Summerhill Lane . It faces toward the motel . The other sides are bordered by Cornell University, State agricultural lands . There is a hedgerow that is retained . The reason for the variance is to improve the physical and environmental aspects of the proposed project . The need for the variances was created , but it was a logical outcome with the Planning Board process . Chairman Stotz asked if this will be elderly housing . Mr. Fabbroni stated it will be rented to the general population . The market in phase I showed many veterinary college graduate students would be interested . Twenty-five percent of the units will be suitable for the handicap . Mr. Niefer asked if phase I and phase II has two different ownership . Mr. Fabbroni responded yes . • Chairman Stotz asked what the plans for Summerhill Lane . ZONING BOARD OF APPEALS PAGE 11 APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED Mr. Fabbroni stated there are discussion of having Summerhill Lane connect with Judd Falls Road north of the Coyote Loco . It is still being considered a dead end road . Mr. Frantz stated the road was dropped from official Cornell University planning . It is not part of the generic site plan that was developed in the orchards . There are not plans on the part of Cornell University. The road was originally intended to connect opposite of Caldwell Road . The Town and Cornell University are discussing a bikeway connecting Summerhill and Caldwell Roads . Chairman Stotz asked if there will be landscaping to buffer the buildings . Mr. Fabbroni stated they have been working to landscape the area with hard wood trees . Chairman Stotz asked if all buildings are accessible by fire apparatus . Mr. Fabbroni stated this configuration is more so than the previous plans . The circulation has been improved . The dialog with the Planning Board lead to a better plan . The water main is currently at a dead end . With the project it will be looped . This will increase the water pressure for water. The buildings will have sprinkler systems . Chairman Stotz asked where the they measure from when considering the setbacks . Did they measure from the vestibules? • Mr. Fabbroni stated it was from any estranged point of the building . This will satisfy the site plan and the most conservative measurement was used . Mr. Niefer asked if there will be an accumulation of standing water in the wetland area . What depth might it accrue to before it spills over? Mr. Fabbroni stated the standing water pools are no more than six inches . The area will be utilized for peak runoff retention then lead out through control structures . It will be dried out within ours of the event . Mr. Niefer asked is the topography such that if you have a heavy rainfall there will be a lot of standing water or will it drain quickly. Mr. Fabbroni stated it would drain quickly. It was designed to control the drainage way. A maximum storm might have a six hour retention . A typical thunder storm would have an hour retention . It is designed for the worse case scenario. Mr. Niefer asked if it would be like the holding area behind DeWitt . Mr. Fabbroni stated it is larger in area , but it is shallower in depth . It will only flood to about three foot depth . Behind DeWitt it floods to nine or ten feet . The area behind DeWitt is fenced in . Mr . Niefer stated Summerhill Lane is a Town road . Will the Town be extending the road to • Phase II . ZONING BOARD OF APPEALS PAGE 12 • APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED Mr. Fabbroni stated they will build the road to Town specifications and then turn it over to the iTown . Mr. Frost stated the Town will maintain the road as they do now. There are no shoulders so it may look smaller. Mr. Sigel asked if there is a maximum depth that the drainage basin is expected to achieve . Three feet is enough to drown a child . Mr. Frantz responded the three feet is a temporary situation and it is also the worse case scenario . It is a retention basin and will be retaining water during the peak flow of the storm and then releasing it at a slower rate . The water should drain fairly quickly. The three feet is what would happen at the hundred year storm . There would be water in this area and surrounding the CFCU facility. Ellis Hollow Road would also be closed . Mr. Fabbroni stated the County is in the process of rerouting the water. It is designed to mitigate any flooding downstream . It is retaining a lot of peak that comes off the fields . Much of the existing problem is being mitigated . The problems cannot be directly attributed to this site . Mr. Sigel asked if there are any standards . Mr. Frantz stated there are no standards . • Mr. Niefer stated 84 dwelling units being proposed and 117 parking spaces are being proposed . This only leaves an extra 33 parking spaces . Mr. Frantz stated the Zoning Ordinance requires 112 parking spaces . They are five spaces over. Mr. Niefer stated if students share apartments , each one will have a car. Mr. Fabbroni stated there is frequent bus service to East Hill Plaza . Many people may use the bus service . Many of the conveniences to live are within walking distance . . Mr. Frantz stated it is a marketing decision . College Circle Apartment Complex has two to three parking spaces per unit , but they rent to undergraduate students at Ithaca College . The applicant is limiting their market to people who prefer bus service . Chairman Stotz stated it will probably have students sharing apartments renting by the bedroom . Mr. Fabbroni stated the apartments have one bathroom per bedroom . It is not only for a student market . It is a price range for young professionals . A mobile elderly person may also choose to live here . ZONING BOARD OF APPEALS PAGE 13 APRIL 14 , 1999 APPROVED - APPROVED - APPROVED - JUNE 91 1999 - APPROVED - APPROVED - APPROVED Chairman Stotz stated there is senior citizen housing in the area . The noise level will be going • up and the density is rising . People might be unhappy if it becomes primarily student housing . Mr. Fabbroni stated it is not the exclusive market , but it will be very convenient for them . The traffic increase is conservative . Mr. Frantz stated he did the Environmental Assessment Form for the Planning Board . They had the Burger King application in their office at the same time as this application . Staff was able to look at the traffic impact of this proposal as well as that of Burger King and CFCU . This project Mr. Krantz stated there are 211 bedrooms with 117 parking spaces . They will be a lot of students renting . Attorney Barney asked how many bedrooms are in Phase I . Mr. Fabbroni responded that there is about twenty parking spaces for every twelve units . Attorney Barney stated the site plan has been reviewed and approved by the Planning Board conditional on this board 's approval of the variance . The issue is if the board will approve the variances . Is it better to do it the way that it has been recommended by the Planning Board or is it better to insist on the setback requirements ? Mr. Frantz stated Fred Wilcox, Planning Board Chair, provided a letter to the board outlining • their reasoning . When the Planning Department and the Planning Board looked at this project , it was felt it was more beneficial to the residents of this complex to create more open space . The fifteen feet between the buildings and Summerhill Lane would not be usable by the residents of the complex. Mr. Krantz stated it depends on the ordinance which deals with the number of dwelling units and not the number of bedrooms . Attorney Barney stated an apartment can be rented to one family. Family is defined as blood related . If there is a three bedroom apartment , there can be two unrelated people . They will need a variance for three unrelated people . Chairman Stotz stated the reasoning of the Planning Board is sound . The most important factor in approving it is the location . This is also saving a wetland . Mr. Krantz stated all this board needs to be concerned with is the setbacks . Attorney Barney stated this board could deny the variance . If the variance is denied it would go back to the Planning Board with a revised site plan . Chairman Stotz opened the public hearing at 8 : 38 p . m . , 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 at 8 : 39 p . m . ZONING BOARD OF APPEALS PAGE 14 APRIL 14, 1999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED Mr . Fabbroni stated this project is close to conveniences . As a family unit or students , less • cars will be needed . Mr. Sigel stated it list 15 foot side yard setbacks . On the north side is it looks as if 25 foot setback is needed ? Mr. Fabbroni replied that is correct . Attorney Barney stated that he misspoke . It is three unrelated people in a dwelling unit . MOTION made by David Stotz, seconded Ronald Krantz RESOLVED, that this board grant the appeal of Ivar Jonson, requesting variances under Article VI, Section 28 and 29 of the Town of Ithaca Zoning Ordinance, to permit the construction of Phase 11 of the Summerhill Apartments, with proposed buildings to have 35 foot front yard building setbacks, no more than 25 foot side yard setbacks, 25 foot rear yard setbacks, and 20 feet of separation between buildings. Said apartments are located at 1026 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62- 2- 1 . 127, Multiple Residence District, based upon the following: a. Given the nature of the neighborhood there would not be an undesirable change produced by the construction of the housing. b. This is a satisfactory way of preserving the wetlands. . C, The requested area variance is insubstantial giving the surrounding area non-conforming side yard uses, adjacent commercial use and large occupancy, continuance multiple and motel residential building that the approval will not have an adverse affect on the physical or environmental conditions in the neighborhood or district. It will improve environmental conditions for the preservation of wetlands. d. The alleged difficulty was not self-created. It was at the prompting of a review by the Town of Ithaca Planning Board. e. That all conditions of the March 23, 1999 Town of Ithaca Planning Board resolutions be met, 1 , granting by the Zoning Board of Appeals of any necessary variances; 2, revision of the site plan to include location, design and type of all proposed outdoor lighting fixtures and signs; 3, submission of a complete landscaping plan and planting schedule, including number, size, location and species of all materials to be planted, and also delineating a naturally vegetated area between the edge of the wetland and the maintained lawn area. 4, design details of all stormwater management facilities; ZONING BOARD OF APPEALS PAGE 15 APRIL 1451999 APPROVED - APPROVED - APPROVED - JUNE 9, 1999 - APPROVED - APPROVED - APPROVED 56 submission of a detailed erosion and sedimentation control plan, including specific • measures to minimize impacts both during and after construction; 6, submission of location and detailed specifications of any proposed curbing, especially around parking areas, and revision of site plan to show accurate layout and dimensions of parking areas and aisles, and locations of handicap parking spaces; 7. revision of the site plan to show location and design details of any proposed outdoor waste, refuse or recycling facilities, to be located to the rear of buildings, including screening as required in Section 29 of the Town of Ithaca Zoning Ordinance; 8, revision of the site plan to show location and design details of recreation area (s) for children, including features such as swings, play structure, sand box, and sitting areas; 9, submission of one original or mylar copy and two paper copies of the final site plan, as revised above, to be retained by the Town of Ithaca; 10, submission of proposed elevations, heights, facades, and other design details of proposed buildings; 11 , revision of plan entitled "Summerhill Apartment, Phase 2, Yard Setbacks " to relocate the building at southwest corner easterly a sufficient distance so that no portion of the • west end of the building encroaches into the 35-foot buffer area; 12, revision of the site plan to show proposed location of at least three (3) bike racks. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: None. ABSTENTION: None. The MOTION carried unanimously. OTHER BUSINESS : Mr. Frost stated there is a full agenda for the next two months . Chairman Stotz adjour ed the m7ing at 8 : 45 p . m . � Pbates, inures Secretary. David Stotz, Chair er on . TOWN OF ITHACA ZONING BOARD OF APPEALS • -NOTICE OF PUBLIC fir. : RD4 (, J WEDNESDAY. APRIL 14 . 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, April 147 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 Donn Carroll. Appellant, requesting a variance from the requirements of Article XIII , Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a fence with a height of 7 feet ( 6 feet maximum allowed) at a residential property located at 651 Five Mile Drive. Town ofIthaca Taff Parcel No . 31 -2-25 .2, Residence District R- 30 . APPEAL of Penn Traffic Company, Appellant, David Herick, Agent, Cornell university, Owner, requesting a variance from the requirements of Article VII, Section 37 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge the P &C supermarket, with an 18 foot rear yard building setback (30 foot setback required) at East Hill Plaza, 315 Pine Tree Road, Town of Ithaca Tax Parcel No . 62-2- 1 . 121 , Business C Zone. APPEAL of Siu-ling Chaloemtiarana. Appellant, requesting a variance from the requirements of Article IV. Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a house with a front vard building setback of 17.5 ± feet (25 feet required) at 881 Taughannock Boulevard, Town of Ithaca Tax Parcel No . 25 -2-20 .2, Residence District R- 15 . APPEAL of Ithaca College, Appellant, HOLT Architects, Douglas Look. Agent, requesting a special approval from the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a one story 1 , 820 square foot addition to the Roy H. Par:{ School of Communications on the Ithaca College Campus, Town of Ithaca Tax Parcel No . 41 - 1 -30 .2 , Residence District R- 15 . APPEAL of Ivar Jonson, DBA Summerhill Apartments, Appellant, Lawrence Fabbroni, Agent, requesting variances under Article VI, Section 28 and 29 of the Town of Ithaca Zoning Ordinance, to permit the construction of Phase II of the Summerhill Apartments, with proposed buildings to have 35 foot front yard building setbacks. 15 foot side yard setbacks, 25 foot rear yard setbacks, and 20 feet of separation between buildings . Said apartments are located at 1026 Ellis Hollow Road, Town of Ithaca Tax Parcel No . 62-2- 1 . 127, Multiple Residence District, Said Zoning Board of Appeals will at said time, 7 : 00 p .,-n. , 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 : April 5 . 1999 Published : April 9, 1999 TOWN OF fTHAC 1 AFFIDAIT OF POSTING -4017 Pt. 3L. irATIO ` I , Dani L . Holford, being duly sworn , depose and sav that I am the Town of Ithaca Building and Zoning Department Secretary, Tompkins County, New York : that the following notice has been .1uly 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 hearing« to be held hs the Town of Ithaca Zonings Boas-d of Appeal , in T o)% n Hall . 126 East Seneca Street Ithaca, New York on WednesdaN April 1 -4191P ) commencing, :u " : !)u P. .N1 . . as per attached. Location of sign board used for posting: Bulletin hoard . front entrance of Town Half . Date of posting: April 5 . 1999 Date of publication: April 9. 1999 Dani L. Holford, Building and Zoning Department Secretar., Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOWKINS ) Sworn to and subscribed before me this 9th day of April, 1999. Notary bc Mary J. Saxton Notary Public, State of New Y&1 Registration 01SA5044003 Qualified in Tioga County l my Commission Expires hr J� rC