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HomeMy WebLinkAboutZBA Minutes 1999-05-12 F&W TOWN OF Pi WM1 TOWN OF ITHACA ZONING BOARD OF APPEALS Cie o �c,►�r r�1 WEDNESDAY, MAY 12, 1999 7 : 00 P. M . APPEAL of Judith Maclntire , Appellant , requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to permit the operation of a "bed and breakfast" facility for up to four boarders or lodgers at an existing single-family residence , located at 217 Eastern Heights Road , Town of Ithaca Tax Parcel No . 57- 1 - 8 . 126 , Residence District R- 15 . Said Ordinance permits only one boarder in a single-family residence . The Board granted a five-year, time- limited variance to the Appellant on February 9 , 1994 for said bed and breakfast . APPEAL GRANTED APPEAL of Rocco Lucente , Appellant , Donald Miller, Agent , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a newly constructed two-family home with a front yard building setback of 24 feet (25 feet required) at 115 Briarwood Drive , Town of Ithaca Tax Parcel No , 70- 10-28 , Residence District R- 15 . APPEAL GRANTED •APPEAL of Orlando lacovelli Appellant , Lawrence Fabbroni Agent , requesting a variance from the pP 9 q 9 requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted of occupy a single-family home with a family plus two boarders or lodgers ( 1 boarder maximum allowed) at 309 Coddington Road , Town of Ithaca Tax Parcel No . 53- 1 -24 . 3 , Residence District R- 15 . APPEAL DENIED APPEAL of First Assembly of God Church , Appellant , Tammi Aiken , TG Miller PC , Agent , requesting a special approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a new church at 197 Bostwick Road , Town of Ithaca Tax Parcel No . 31 -4-6 . 2 , Residence District R- 30 . Variances from Article V , Section 18 and Article XIII , Section 69 of said ordinance are also being requested to allow a building height of 57 ' 6" (36 feet maximum height allowed) and to permit the parking of vehicles within the front yard (front yard parking prohibited ) . APPEAL GRANTED �6 OF 11 "CA TOWN OF ITHACA ZONING BOARD OF APPEALS '' • WEDNESDAY. MAY 12, 1999 � t�' ��1 7 : 00 P. M . PRESENT: David Stotz, Chairperson ; Harry Ellsworth , Board Member; Ronald Krantz , Board Member; James Niefer, Board Member; Kirk Sigel , Board Member; John Barney, Attorney for the Town EXCUSED : Andrew Frost , Director of Building/Zoning . OTHERS : Judith Maclntire , 217 Eastern Heights Road ; Donald Miller, 5830 Seneca Road ; Larry Fabbroni , 127 Warren Road ; Ralph lacovelli , 164 Troy Road ; Gene Rotunda , Barden ; Fred Wilcox, 109 Juniper Drive ; Jim Aist , 414 Snyder Hill Road . Chairman Stotz led the meeting to order at 7 : 04 p . m . , stating that all posting , publication , and notifications 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 Judith Maclntire , Appellant , requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to permit the operation of a "bed and breakfast" facility for up to four boarders or lodgers at an existing single-family residence , located at 217 Eastern Heights Road , Town of Ithaca Tax Parcel No . 57- 1 -8 . 126 , Residence District R- 15 . Said Ordinance permits only one boarder in a single-family residence . The Board granted a five-year, time- limited variance to the Appellant on February 9 , 1994 for said bed and breakfast . Judith Maclntire , 217 Eastern Heights Road , stated she would like a continuance of the use variance . Prior to the past five-year variance , she also had a three-year use variance . Chairperson Stotz asked if there had been any changes to the property. Ms . Maclntire stated no . She does have more flower gardens . Mr. Sigel asked what the occupancy rate is . Ms. Maclntire stated the bed and breakfast is open from April to December. It is closed for the winter. There is about four people a month on average . Chairperson Stotz stated that he reviewed the minutes of her last approval . He did not understand what it meant by her being able to renew the special approval after two years . Ms . Maclntire stated she did not know. There was a condition that she live in the house and the bed and breakfast would not continue if she sold the house . May through August is the busiest . Mr. Ellsworth asked if peopled stayed there every weekend . • ZONING BOARD OF APPEALS PAGE 2 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Ms . Maclntire responded no . It averages to be two weekends a month . Attorney Barney stated he think the two years means that anytime after two years she can request an extension beyond the five-year period . Mr. Krantz asked if there been any neighbor complaints . Attorney Barney responded no . The reason it is time limited is because it allows the board to re- look at the case if there are neighbor complaints . Chairperson Stotz stated there were a number of conditions the last time it was approved . They should be incorporated within the motion . Ms . Maclntire stated it is a four- bedroom house . She lives there alone . She has another double bedroom . Could it be incorporated to include the third bedroom ? Chairperson Stotz stated the previous variance did not specify the number of bedrooms that could be used . It did limit it to four occupants . Ms . Maclntire asked if the board would consider approving six occupants . • Attorney Barney stated the public hearing was advertised for continuing four occupants . Mr. Sigel stated the conditions set forth are reasonable . Chairperson Stotz opened the public hearing at 7 : 12 p . m . , and asked if anyone wished to be heard . With no persons present to be heard , Chairperson Stotz closed the public hearing at 7 : 13 p . m . ENVIRONMENTAL ASSESSMENT. MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Judith Maclntire, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to permit the operation of a "bed and breakfast" facility for up to four boarders or lodgers at an existing single-family residence, located at 217 Eastern Heights Road, Town of Ithaca Tax Parcel No, 57- 1 -8. 126, Residence District R- 15. Said Ordinance permits only one boarder in a single-family residence. The Board granted a five-year, time-limited variance to the Appellant on February 9, 1994 for said bed and breakfast. A vote on the motion resulted as follows: . AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. ZONING BOARD OF APPEALS PAGE 3 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED NAYS: NONE. ABSTENIONS: NONE The MOTION was carried unanimously. MOTION made by Harry Ellsworth, seconded by Ronald Krantz. RESOLVED, that this board grant the appeal of Judith Maclntire, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to permit the operation of a "bed and breakfast" facility for up to four boarders or lodgers at an existing single= family residence, located at 217 Eastern Heights Road, Town of Ithaca Tax Parcel No. 57- 1 -8. 126, Residence District R- 15. That this variance will be time limited for five years from May 12, 1999, Said Ordinance permits only one boarder in a single- family residence, with the following findings: 1 . That if the variance were not granted it would be an unnecessary hardship on the applicant who owns and occupies this residence with 4 bedrooms as a single-family home. 2. That the economic viability of maintaining the house is in jeopardy without the granting of the variance, the applicant having suffered the loss of one additional income, which was helping to • maintain the property. 3. That no more than four guests shall be accommodated at any one time. 4. That there shall be no regular boarders on the property and no guest shall be accommodated more than ten consecutive days. 5. That there shall be no outside signs on the premises. 6. That the premises will not be enlarged to accommodate more people. 7. That there shall be adequate off-street parking provided for guests. 8. That the building shall be inspected by the Zoning Officer to insure that the building code requirements have been met. 9. That the variance shall be limited to a period of We years, at which time it would automatically expire, Ms. Maclntire to have the opportunity to request a continuance of the variance any time after two years. 10. That the premises be operated as a traditional bed and breakfast facility, not as a boarding house. • A vote on the motion resulted as follows: I ZONING BOARD OF APPEALS PAGE 4 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: NONE. ABSTENTIONS: NONE. MOTION was carried unanimously. The second appeal to be heard was as follows : APPEAL of Rocco Lucente , Appellant , Donald Miller, Agent , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a newly constructed two-family home with a front yard building setback of 24 feet (25 feet required) at 115 Briarwood Drive , Town of Ithaca Tax Parcel No . 70- 10-28 , Residence District R- 15 . Donald Miller, 5830 Seneca Road , stated the porch is 24 feet from the road instead of 25 feet . They are requesting a variance for that . Chairperson Stotz asked how that occurred . Mr. Miller responded that it was an overlook when he was measuring . When the hole is dug , it is three feet larger around the house . When the forms were set , they should have been more careful . The porch also has a roof. It would be a lot of work to change the porch , but it could be done . Chairperson Stotz opened the public hearing at 7 : 20 p . m . , and asked if any members of the public wished to be heard . With no persons present to be heard , Chairperson Stotz closed the public hearing at 7 : 21 p . m . MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board grant the appeal of Rocco Lucente, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a newly constructed two- family home with a front yard building setback of no less than 23 feet (25 feet required) at 115 Briarwood Drive, Town of Ithaca Tax Parcel No. 70- 10-28, Residence District R- 15, with the following condition: 1 . That any intrusion that extends closer than 25 feet to the road be limited to a porch and not to a fully enclosed portion of the house. A vote on the motion resulted as follows: • AYES: Stotz, Ellsworth, Niefer, Sigel. ZONING BOARD OF APPEALS PAGE 5 MAY 125 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED NAYS: NONE. ABSTENTION. *Mr. Krantz was absent during vote. The MOTION was carried. The third appeal to be heard was as follows : APPEAL of Orlando lacovelli , Appellant , Lawrence Fabbroni , Agent , requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to occupy a single-family home with a family plus two boarders or lodgers ( 1 boarder maximum allowed ) at 309 Coddington Road , Town of Ithaca Tax Parcel No . 53- 1 -24 . 3 , Residence District R- 15 . Larry Fabbroni , 127 Warren Road , stated this lot was part of a thirteen - lot subdivision known as the Klondike Subdivision . Five years ago the Town and lacovelli 's made a constructive change . The subdivision was reduced from 13 lots to 4 lots . They were granted density considerations on rental properties opposite of Ithaca College entrance . These four lots had occupancy restrictions on them . The lots had to be owner occupied . The lacovelli 's built a new house on the lot in question . • The applicant went before the Planning Board asking them to removed the owner occupancy restriction on two of the lots fronting on Coddington Road if the middle lot was eliminated . Lot 2 was combined with Lot 1 . Mr. Fabbroni stated they mentioned to the Planning Board the interest in getting a variance for a fourth person on this lot . The Planning Board could not rule on that issue . This house has been hard to sell because of the occupancy restrictions . They would like more flexibility. Mr. Niefer asked what would happen to Lot 2 . Mr. Fabbroni stated Lot 2 would be combined with Lot 1 . Chairperson Stotz asked if the houses were single-family homes . Mr. Fabbroni responded yes . Chairperson Stotz asked how many bedrooms are in the houses Mr. Fabbroni stated there are three bedrooms in the existing and four bedrooms in the new house . Chairperson Stotz asked if the applicant was asking that four unrelated people be able to rent • a bedroom each . ZONING BOARD OF APPEALS PAGE 6 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Niefer asked if this property was multiple listed . Chairperson Stotz asked how long the house has been on the market . Ralph lacovelli , 164 Troy Road , responded that the house has been on the market for over six months . Attorney Barney asked what they are asking for the house . Mr. lacovelli responded they are asking $ 105 , 000 . Mr. Niefer asked if any independent appraisal made of the property. Mr. lacovelli replied no . Mr. Niefer stated it is the seller's price then . Chairperson Stotz asked if six months in a listing is a reasonable period of time to sell a house in this area . Mr . Fabbroni stated the six- month period at the end of last year was a busy real estate market . Last year the interest rates were continually decreasing . One of the problems in selling the house was the occupancy restriction . Interested buyers did not want the restriction . Attorney Barney stated the home could be rented to a normal family of any number of people . The occupancy restriction is to three unrelated people . Mr. Fabbroni stated before the owner had to occupy the dwelling . The Planning Board lifted that restriction and the Zoning Board of Appeals is being asked to allow four renters . Attorney Barney stated there is no limitations on renting to traditional families . The limitation cuts in when dealing with unrelated individuals . Mr. Fabbroni stated that in anticipation of this request , the applicant also eliminated the lot . Chairperson Stotz stated it is a duty of the board to base its consideration on specific criteria . One of them is a stipulation of financial hardship . He is having difficulty understanding how not being able to rent to four unrelated people would restrict the potential market of the house . Mr. Fabbroni stated the neighborhood is 50% rental and 50% family occupied . The Planning staff verified that it is 50/50 . • Attorney Barney stated the Planning staff stated 55% family occupied and 45 % rental . ZONING BOARD OF APPEALS PAGE 7 MAY 122 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Fabbroni stated there were 13 lots with a potential of 2=family homes . The Town reduced the lots and added the density to other buildings . It is a continuing story of density. They are not asking for more density than they would have had with the three lots . Chairperson Stotz asked if an owner occupied house came up for sale under similar circumstances , would it be a hardship for them to . Mr. Fabbroni stated they would experience the same hardship , but they would not have the same history with the Town as the applicant . They did not give up a lot . Mr. Sigel stated that someone is going to come along and refer to this application . Mr. Fabbroni stated that in this situation the owner gave up 10 lots to get to this point . There was a bigger cluster before . Chairperson Stotz stated the Zoning Board of Appeals is responsible to consider the Town of Ithaca Zoning Regulations . The Town of Ithaca Zoning Regulations prohibits this . He understands that the applicant has given up one lot and is sympathetic to that . The board needs to take into consideration the zoning regulations . There are specific items that the board has to look at . The fact that the applicant has given up one lot in exchange for the owner occupancy restriction to be lifted is • not one of them . Mr. Sigel asked if the applicant could prove that they would not get a return on their investment . Mr. lacovelli stated the rental would not pay the mortgage and the taxes with three bedrooms . The mortgage would be more than $900 . 00 a month . Mr. Sigel stated that 10% sounds high on the mortgage rate . Mr. Niefer asked if a final assessment been done by the County Assessment office . Mr. Fabbroni stated it would be on this year's assessment . Mr. Niefer asked what is the square footage of the main level . Mr. Fabbroni stated it is roughly 30'x40' . Mr . Niefer asked if there are any rooms in the basement . Mr. Fabbroni stated there is a bedroom and bathroom in the basement . • ZONING BOARD OF APPEALS PAGE 8 MAY 14 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Chairperson Stotz stated anyone selling their house in that neighborhood would have a hard time according to what Mr. Fabbroni stated . The fact that the applicant cannot sell to someone who can rent to four people is inhibiting the property being sold . Is that correct? Mr. Fabbroni stated what inhibited their ability more than that was the owner occupancy requirement . This is a follow- up . If the applicant had come to the Zoning Board of Appeals stating that they were giving up the lot , it would clear things up . Having experienced the six months of non = sales mostly due to the owner occupancy requirements . The difference between the applicant and someone else is that they would not have gone through six months of carrying costs . Chairperson Stotz stated if another owner were to sell , the same owner occupancy restriction would dampen their ability to sell their property as a rental . Mr. Fabbroni stated this would not be out of character with the neighborhood . The granting of the variance will not be out of character with the neighborhood . The Planning Board could not approve the occupancies in this single-family house the way they could previously. Chairperson Stotz opened the public hearing at 7 : 45 p . m . , and asked if any members of the public wished to be heard . Fred Wilcox, 109 Juniper Drive , stated he is also the chairperson of the Town of Ithaca Planning Board , Mr. Wilcox stated he voted against the change in occupancy restriction . He did so because of a concern that Mr. lacovelli would attempt to put four unrelated occupants into the unit as the Town has cited him before . There has not been a hardship proven . Some antidotal evidence has been offered as to the selling price , what it worth , and the mortgage . The house is one-story with a finished basement . It is rather small and plain . It does not have a garage or carport . Mr. Wilcox stated he could offer antidotal evidence that it is worth significantly less than $ 105 , 000 . The house was built on spec . The neighborhood is a mixture of owner and rental . A precedent will be set if four for unrelated occupants are allowed . He is not aware of any other buildings in the neighborhood that re zoned 191- 15 where the Zoning Board of Appeals has granted a variance to allow four unrelated individuals . It may have happened in the R=9 area . Mr. Wilcox asked the board to turn down this application . Chairperson Stotz closed the public hearing at 7 : 49 p . m . Mr. Fabbroni stated the intentions were stated at the Planning Board meeting . The density consideration was under the cluster. This is all under an expanded notion of cluster. A lot of density and open space is created for the neighborhood . It cooled down what was an unfair relationship . There is a lot of precedent for taking lots and consolidating them in the interest of open space . The immediate neighbors have been comfortable with the reduction of the lots and the potential density for the three lots . ZONING BOARD OF APPEALS PAGE 9 MAY 12 , 1999 . APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Chairperson Stotz asked if there is a right-of-way to Lot 4 . Attorney Barney stated it is feet tile . Chairperson Stotz stated the consolidation of Lot 1 and 2 does not make the parcel significantly larger than adjoining lots . Mr. Fabbroni stated the board is being a little on unkind to what went on from going the 13 lots to the 4 current lots . There is a 3 . 5-acre park dedicated to the Town . Lot 4 is a larger lot . Attorney Barney stated at one time Lot 4 , 1 , 2 , 3 and the road was one parcel . These were part of the 13- lot subdivision . The lots were not very deep and would have been hard to build on . At some point , Mr, lacovelli gave up the 13 lots in exchange for the configuration today. Mr. Fabbroni stated there would not be more houses behind Juniper Drive , Attorney Barney stated one of the conditions was that the house be owner occupied because the Planning Board was concerned about the student rental situation . Mr. lacovelli has decided to change the deal . In consideration of changing the deal , two lots were to be combined . • Mr. Niefer asked if the house is still on the market . Mr. lacovelli responded it is off the market . Attorney Barney asked if the approval is given , is it the intention to keep the house and rent it . Mr. lacovelli responded yes. ENVIRONMENTAL ASSESSMENT: MOTION made by Harry Ellsworth, seconded by Ronald Krantz RESOLVED, that this board makes a negative determination of environmental significance in the matter of Orlando lacovelli, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to occupy a single-family home with a family plus two boarders or lodgers (1 boarder maximum allowed) at 309 Coddington Road, Town of Ithaca Tax Parcel No. 53- 1 -24. 3, Residence District R- 15, as recommended by the Town of Ithaca Planning Staff. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: NONE. ZONING BOARD OF APPEALS PAGE 10 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED The MOTION was carried unanimously. Chairperson Stotz stated the memo from the Planning Department to the Zoning Board of Appeals it stipulates the variance test . Mr . Sigel stated he does not agree with three of the four. Mr. Niefer stated that competent financial evidence has not been given . Everything has been very general . There is not hard facts and figures showing financial hardship . Chairperson Stotz stated the character of the neighborhood would be changed by this application . The hardship is not unique in this case . If other people had to sell their house under similar circumstances given what has been stated , they would run into the same difficulties . Mr. Sigel stated that the applicant could rent their property the same as everyone else in the R- 15 zone . MOTION made by David Stotz, seconded by James Niefer. RESOLVED, that this board deny the appeal of Orlando lacovelli, requesting a variance from the • requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to occupy a single-family home with a family plus two boarders or lodgers (1 boarder maximum allowed) at 309 Coddington Road, Town of Ithaca Tax Parcel No. 53- 1 =24. 3, Residence District R- 15, based on the following conditions: 1 . That under applicable zoning regulations, the applicant can obtain reasonable economic return from the property in question, 2. That the alleged hardship relating to the property does apply to a substantial portion of the district or neighborhood, 3. That the requested use variance, if granted, will alter the essential character of the neighborhood, 4. That the alleged hardship has been self created. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: NONE, The MOTION was carried unanimously. ZONING BOARD OF APPEALS PAGE 11 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED The fourth appeal to be heard was as follows : APPEAL of First Assembly of God Church , Appellant , Tammi Aiken , TG Miller PC , Agent , requesting a special approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a new church at 197 Bostwick Road , Town of Ithaca Tax Parcel No . 31 =4-6 . 2 , Residence District R-30 . Variances from Article V , Section 18 and Article XIII , Section 69 of said ordinance are also being requested to allow a building height of 57 ' 6" (36 feet maximum height allowed) and to permit the parking of vehicles within the front yard (front yard parking prohibited) . Chairperson Stotz stated that in the materials a sign was mentioned . The appeal does not include the sign . Mr. Ellsworth stated that the sign came before the board 1 . 5 years ago . Chairperson Stotz asked if it was an error. Jim Aist , 414 Snyder Hill Road , stated he asked this question to Tammy Aiken . She called Andy Frost , Director of Building/Zoning , and it was decided that a variance was not needed for the sign . The information is in the packet because it was thought to be needed . Attorney Barney stated the sign sits on 6-foot support posts . 9 PP Mr. Ellsworth asked if the design is the same as the previous sign . Mr. Aist responded no . It is the same church with a different plan . Chairperson Stotz stated the sign is on 6-foot post . The sign is approximately 3 feet 2 inches by 7 feet . Mr. Aist stated that is the size of the sign without the post . The sign will be 7 feet wide . It is under the 24 square foot stipulation . Mr. Niefer asked if the property was located across from the County Highway or the school bus garage . Mr. Aist replied that the property was across from both the Highway Department and the school . Mr. Aist stated the church is presently located at 520 West Seneca Street . The church would like to move out to a property that they own on Bostwick Road . Their plan is to build a 15 , 000 plus square foot facility. This will include driveways , parking spaces , side walks , drainage structures and '! landscaping . The facility is pre-engineered and it will be an "L" shaped structure . The front entrance has a carport towards the road . Directly inside the front door is a fellow ship area . To the right is the ZONING BOARD OF APPEALS PAGE 12 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED educational wing . At the corner are the offices . The Sanctuary will seat 450 people . There are 14 Sunday school rooms and 3 offices . There will be 93 initial parking spaces . Land is being set aside to expand the parking lot to 162 . The project has received Preliminary Site Plan approval from the Planning Board . Chairperson Stotz asked how the facility will be used and when . Mr. Aist stated it will be used for worship services on Sunday. There are Wednesday evening activities , but no worship service . The men 's prayer group meets on Monday nights . There is a Sunday school hour. There are two Sunday services , morning and evening , because the facility is too small . Sunday school is held between the two services . There are approximately 250 to 300 people in attendance on Sunday. Chairperson Stotz asked if there are any regularly scheduled activities that would occur other than on Sunday. Mr. Aist replied that there is a men 's breakfast and a women ' s breakfast once a month on Saturday. Chairperson Stotz asked if the Pastor will office located at the building . Does he have any staff that will be working with him ? Mr. Aist responded that the Pastor's office is at the church . He has an assistant Pastor and a secretary. The secretary is part-time and the assistant Pastor is full-time . They will be located at this building . Chairperson Stotz asked what the exterior of the building will look like . Mr . Aist stated it will be vinyl siding . Gene Rotunda , Barden , stated it will be vinyl with food post rather than masonry. It will have the arch windows . Chairperson Stotz asked what the roof would be . Mr . Rotunda replied will be 25 years asphalt shingle . Chairperson Stotz asked if there would be a portico in the front . Mr. Rotunda responded yes . Mr. Niefer asked if there is an area in the building where banquets can be held . ZONING BOARD OF APPEALS PAGE 13 MAY 12 , 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr . Aist stated it would be located in the fellowship hall . It is in the center. One hundred fifty people will be able to be seated in the fellowship hall . There are four Sunday school rooms on either side with collapsing walls . With it open , it will seat 225 people . Chairperson Stotz asked what arrangements have been made for the handicap . Mr . Aist stated the building is on one level . Mr. Rotunda stated that everything is building code . The bathrooms are handicap accessible . Everything is wheelchair accessible . Mr. Krantz stated that there will be fumes and noise from the buses and trucks . Chairperson Stotz stated the facility will be in use when there is little activity in the bus garage and the highway department . Does the building have sprinkler system and meets all requirements ? Mr . Aist responded yes . Mr. Ellsworth asked if the height on the plans is accurate . Chairperson Stotz stated the steeple is included in the building height . Mr. Rotunda stated the building will be about 33 feet in height . Mr. Aist stated the church would like to have a steeple when they are able to afford it . The reason for the height variance is for the steeple . One is not needed for the building only. Chairperson Stotz asked what the steeple would look like . Mr. Aist stated it would look something like the steeple in the drawings . Chairperson Stotz asked what the steeple would be made of. Mr. Rotunda stated it would be fiberglass . Chairperson Stotz asked if it could withstand wind loads . Mr. Rotunda stated yes . The trusses are prepared before the roof is built . Then there is a plate installed before the steeple is installed . Chairperson Stotz asked if there were any plans to have music in the steeple . Mr. Aist responded no . ZONING BOARD OF APPEALS PAGE 14 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Ellsworth asked if the height of the variance is accurate . Mr. Aist stated it is an example of what the steeple could be . They do not have a problem staying within those limits . Mr. Rotunda stated the grade could change it a foot or two . Mr. Sigel stated he is hesitant to grant a variance for something so large that is not planned for at this time . Mr. Rotunda stated as people tend to get into the project , it is common for a family or an entity to donate the money. The church is keeping the budget down to something they know that they can afford . Mr. Niefer asked if contract personnel would do the project or would it be church volunteers . Mr. Rotunda stated there should not be any volunteer labor with the exception of insulating . The contractors have been selected . It should be completed within seven months . Mr. Krantz asked if the variance should state that a steeple is allowed to be built project no • more than 26 feet from the building . The variance is only for the steeple , not the entire building . Attorney Barney stated this board does meet monthly. It is not likely for someone to walk in with a check and want the steeple built . There will need to be some thought and design . The steeple could be held off until the church is ready to build the steeple . Mr. Rotunda asked what could be done to make it more specific for the steeple to be considered now. Chairperson Stotz stated that there are drawings that will need to be done . Mr. Rotunda stated that the steeple is chose out of a catalog . Chairperson Stotz stated then the catalog could be photocopied to allow the board to see what is being proposed . Will the applicant have to go through the application process if the steeple is not dealt with this evening? Attorney Barney stated that the board could adjourn it to another meeting without date for a period up to a year. Mr. Rotunda stated it would not be a problem to get a picture to the board . • Chairperson Stotz asked the applicant to explain about the parking . ZONING BOARD OF APPEALS PAGE 15 12 , 1999 . APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr . Aist stated that the church is asking for thirteen spaces in the front of the church . One reason is that during the week, the church likes guests to park in the front and uses the front doors . The other reason is that the church would like to designate it as visitor parking . This way they have nice parking and extend hospitality to them . This will allow traffic to be regulated in and out of the church . Chairperson Stotz asked if there is an entrance on the side of the church . Mr. Aist stated there is an entrance on the side by the parking lot . There will not be anyone there to regulate people coming in . Chairperson Stotz asked if it is possible to have the back and side door locked . Mr. Aist stated the church probably would . If people drove around to the side in order to park , then they would need to walk to the front in order to get in . Chairperson Stotz stated it is not that far for someone to walk . Some of the parking spots could be designated as visitor parking . Mr. Aist stated there are a number of things that could be done , but it would lead to confusion . Chairperson Stotz stated that parking in the front could change the character of the neighborhood , but there is a bus garage on the other side of the road . Mr. Aist stated that they are only asking for 13 parking spaces in the front . Chairperson Stotz asked if the church could deal with less than 13 . Mr. Aist stated the church would do it if they had to . The 13 parking spaces are not a lot for Sunday morning . There might be a few more than needed during the week. Chairperson Stotz stated the plan is to build one parking area and then set an area aside for future parking . Mr. Aist responded that was correct . Chairperson Stotz asked if the parking area would be paved . Mr. Aist stated it will be gravel with a landscaping plan . Mr. Rotunda stated that the parking in the front would be helpful for missionaries and they always have gear to carry in . It would be more convenient for them to park in the front . ZONING BOARD OF APPEALS PAGE 16 MAY 12 , 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Sigel asked if the landscape plan included vegetation with height between the parking area and the road . Mr. Aist stated yes . It is a Town requirement . There is a row of trees between the parking lot and the development . Mr. Sigel stated shielding of the 13 front parking spaces would reduce the impact from the road . Mr. Aist stated the Planning Board did not raise that question and did not require that of the applicant . Mr. Krantz stated that across the street is a bus garage with 40 buses up to Bostwick Road . It would be hard to hurt the character of the neighborhood . This land is assessed as agricultural . Is putting a church on agricultural land an exemption ? Attorney Barney stated it is R-30 zone . If it is an agricultural district and assessed as agricultural land than the difference in the taxes would need to be paid . Chairperson Stotz asked if the proposed lighting for the parking lot is definite . Mr. Aist stateds .es . It is indicated in one of the site drawings . 9 Chairperson Stotz stated there will be security lights on the building and there will be lights in the parking area . Mr . Aist stated the lights will be directed and shielded . Chairperson Stotz asked if the parking lot lights will be on every night . Mr. Aist stated they would only be on when the facility was in use . Chairperson Stotz opened the public hearing at 8 : 41 p . m . , and asked if any member of the public wished to be heard . with no persons present to be heard , Chairperson Stotz closed the public hearing at 8 : 42 p . m . Mr. Krantz stated that he feels that the board should not defer on the steeple . Chairperson Stotz stated there are steeples and then there are other types of steeples . Mr. Niefer asked if there was an inappropriate steeple . • Chairperson Stotz stated it could have music, bells , and the way it is constructed . ZONING BOARD OF APPEALS PAGE 17 MAY 12 , 1999 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Sigel stated it could boarder on being a sign . Mr. Rotunda stated that he has never seen anyone object to a steeple on a church . It would be appropriate to approve the steeple if it were similar to the drawings . It would take the risk away from the Zoning Board of Appeals . It would prevent the church from having to go through the application process again . Chairperson Stotz stated the church would not have a problem if the steeple was approved and it was stated that the building and the steeple would be constructed in conformance with the drawings submitted with the application . ENVIRONMENTAL ASSESSMENT: Chairperson Stotz stated there are no problem areas except issues relating to surface run -off , and increase traffic. Mr. Krantz stated there are some signposts around the area about Indians . Mr. Aist stated that was below their property. As part of the building program excavations were done to find barrial sites . None were found . Chairperson Stotz asked if run -off had been addressed in the event the parkin lot is paved . P g Mr. Aist stated that the parking lot will not be paved . The church does not have enough money to pave it either. If it was decided to pave the parking lot later, they would have to revisit the question . Chairperson Stotz stated that there will be 157 vehicles on Sunday. Mr. Aist stated that number would be after the church grows . MOTION made by Harry Ellsworth, seconded by Ronald Krantz RESOVED, that this board makes a negative determination of environmental significance in the matter of First Assembly of God Church, requesting a special approval from the Zoning Board of Appeals under Article V. Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a new church at 197 Bostwick Road, Town of Ithaca Tax Parcel No. 31 =4- 6. 2, Residence District R-30. Variances from Article V, Section 18 and Article X111, Section 69 of said ordinance are also being requested to allow a building height of 576" (36 feet maximum height allowed) and to permit the parking of vehicles within the front yard (front yard parking prohibited). A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. ZONING BOARD OF APPEALS PAGE 18 MAY 12 , 1999 • APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED NAYS: NONE. The MOTION was carried unanimously. MOTION made by Harry Ellsworth, seconded by Ronald Krantz. RESOLVED, that this board grant the appeal of requesting a special approval for the construction of the church as requested on Tax Parcel No. 31 =4-6. 2, together with the variances from Article V, Section 18, and Article Xlll, Section 69, to allow construction of a steeple and to allow parking in the front yard subject to the following conditions: 1 . That the steeple extend no more than 26 feet above the peak of the roof, and the peak of the room be no higher than 33 feet above grade, 2. That the conditions related to the installation of landscaping required by the Planning Board on their Site Plan review be an additional condition of this board for the granting of a variance for front yard parking, 3. That the steeple be constructed in the same mode as shown on the plans that were submitted • to the Zoning Board of Appeals, otherwise the applicant comes back to the board for modification of the variance to allow the configuration of the steeple, 4. That the overall square footage of the building be no more than 16, 000 square feet, and be constructed as depicted in the drawings submitted. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: NONE. The MOTION was carried unanimously. Chairman Stotz adjour d the meetin at 8 : 56 p . m . RA; 49e Carr4Lo Dav Y TOWN OF ITHACA ZONING BOARD OF .-APPEALS • NOTICE OF PUBLIC HEARLNGS WEDNESDAY . .NIAY 124 1999 7 : 00 P. :Vl . 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. May 12. 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 Judith MacIntire, Appellant. requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance, to permit the operation of a "bed and breakfast" facility for up to four boarders or lodgers at an existing single- family residence, located at 217 Eastern Heights Road, Town of Ithaca Tax Parcel No . 57- 1 - 8 . 126, Residence District R- 15 . Said Ordinance permits only one boarder in a single-family residence. The Board granted a five-year, time- limited variance to the Appellant on February 9, 1994 for said bed and breakfast. APPEAL of Rocco Lucente, Appellant, Donald Miller, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a newly constructed two-family home with a front yard building setbac c of 24 feet (25 feet required) at 115 Briarwood Drive, Town of Ithaca Tax Parcel No . 70- 10-28, Residence District R- 15 . • APPEAL of Orlando Iacovelli, Appellant, Lawrence Fabbroni, Agent, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to occupy a single-family home with a family plus two boarders or lodgers ( 1 boarder maximum allowed) at 309 Coddington Road, Town of Ithaca Tax Parcel No . 53 - 1 -24. 3 , Residence District R- 15 . APPEAL of First Assembly of God Church, Appellant, Tammi Aiken, TG Miller PC, Agent, requesting a special approval from the Zoning Board of Appeals under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a new church at 197 Bostwick Road, Town of Ithaca Tax Parcel No . 31 -4-6.2 . Residence District R-30 . Variances from Article V, Section 18 and Article XIII, Section 69 of said ordinance are also being requested to allow a building height of 57' 6" (36 feet maximum height allowed) and to permit the parking of vehicles within the front yard (front yard parking prohibited) . 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: May 3 , 1999 Published: May 7, 1999 TOWN OF ITHAC .A .AFFIDAVIT OF POSTING .AND PI: BLIC .% TiON 1 , Dani L. Holford, being duly sworn , depose and say that l 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 he held by the To%i n of Ithaca Zoninfy Board of .appeals in Tmvn Hull , 126 East Seneca Street. Ithaca, New York on Wednesday . NIac 12 . 1999 , commenciniy 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: Mai 3, 1999 Date of publication: May 7, 1999 Dani L. Holford, Building and Zoning artment Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 7h day of May, 1999. Notary Public JOAN LENT NOTEECC ^A NOTAF.YPVBUC. Svmr_• 7^ REO NG IN •