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HomeMy WebLinkAboutZBA Minutes 2000-09-13 Fit E _ TOWN OF ITHACA ZONING BOARD OF APPEALS Fit WEDNESDAY, SEPTEMBER 13, 2000 ATE ? : 00 PM APPEAL of Cornell University, Appellant , Trowbridge and Wolf , Landscape Architects , Agent , requesting a Special Approval under Article IV , Section 11 . 3 of the Town of Ithaca Zoning Ordinance , to be permitted to establish a school use in an existing business/residential mixed use building at 130 Forest Home Drive , Town of Ithaca Tax parcel No . 66- 1 -6 , Residence District R- 15 . An approval under Article XII , Section 54 of said ordinance may also be requested as the building and the property do not conform with current zoning regulations . Only minor modifications are proposed to the property. APPEAL GRANTED APPEAL of Ithaca Airline Limousine , Neil Wintermute, Owner/Applicant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to place a 2 , 000 gallon diesel fuel skid tank on a nonconforming property located at 615 Five Mile Drive , Town of Ithaca Tax parcel No . 31 -2-30 , Residence District R-30 . Said appeal also includes replacement of an old 600 square foot storage a building with a new 3 , 200 square foot building . The property is nonconforming since it is used for commercial purposes in a residential zone . APPEAL GRANTED APPEAL of Sam peter Furniture , Sam Peter , Owner/Appellant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a nonconforming retail store located at 1083 Danby Road , Town of Ithaca Tax Parcel No , 43- 1 -5 , Business District "C". Said store is nonconforming as the building' s lot coverage exceeds the 30% maximum and the building setbacks to property lines are less than the required 30 feet . APPEAL GRANTED i upi-i FILE, aAL DACE ,la TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY , SEPTEMBER 13 , 2000 7 : 00 PM PRESENT : David Stotz , Chairperson ; Harry Ellsworth , Board Member; Ronald Krantz , Board Member; James Niefer, Board Member; Kirk Sigel , Board Member; Andrew Frost , Director of Building/Zoning ; John Barney, Attorney for the Town ; Mike Smith , Planner. ALSO PRESENT: Steve Flash , Attorney ; Neil Wintermute , Ithaca Airline Limousine ; Kathy Wolf , Trowbridge & Wolf ; Shirley Egan , Cornell University ; John Guttenberger, Cornell University ; Dan Rakow , Cornell University ; Evan Monkemeyer, East King Road , Chairperson Stotz led the meeting to order at 7 : 03 p . m . , stating that all posting , publication , and notifications of the public hearings had been completed . The first appeal to be heard was as follows : APPEAL of Cornell University, Appellant , Trowbridge & Wolf , Landscape Architects , Agent , requesting a Special Approval under Article IV , Section 11 . 3 of the Town of Ithaca Zoning Ordinance , to be permitted to establish a school use in an existing business/residential mixed use buildings at 130 Forest Home Drive , Town of Ithaca Tax Parcel No . 66- 1 -6 , Residence District R- 15 . An approval under Article XII , Section 54 of said ordinance may also be requested as the building and the property do not conform to current zoning regulations . Only minor modifications are proposed to the property . Don Rakow, 422 Chestnut Street , stated he is the Director of Cornell Plantations . They have requested this permit for use by Cornell Plantations of the first floor. The building is going to be an important building for Cornell Plantations . It will allow the consolidation of the administrative business and development offices into one structure . They are now housed in separate buildings . They are proposing to make significant exterior landscaping improvements to the site . This building meets the needs of Cornell Plantations very well . It is located in the Forest Home community very close to our Cornell Plantations Botanical Garden . Staff will have close walking access to the Botanical Gardens , Kathy Wolf , Trowbridge & Wolf , stated that her firm prepared the site plan drawings and environmental assessment for the project . The existing building has a commercial use in the ground floor of the building . There are a total of four apartments housed on the second and third floors . The University is proposing to convert the commercial use to an institutional use . The commercial use is a non -conforming use in the existing R-30 zone . The commercial use was in use prior to the implementation of zoning . There has been commercial use in the building since the 1950 ' s . The proposal is to convert the commercial use to an institutional use . It is an allowable use within the R -30 zone with Special Approval . They are requesting Special Approval from the Zoning Board of Appeals . They have received preliminary and final site plan approval pending Special Approval . The Planning Board also recommended Special Approval . ZONING BOARD OF APPEALS PAGE 2 SEPTEMBER 13, 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Ms . Wolf stated that the property is located within the Forest Home National Historic District . The proposal has been reviewed with the State Historic Preservation Office . They came back with a determination of no adverse impact . Currently there is not curb along this section of Forest Home Drive in front of the property . There is an existing curb to the east of the site . It stops at the property line . The asphalt paving comes to the front door of the building . There is no differentiation between the pedestrian zone and the street . There is a stone dust path walkway just to the east of the property . It also terminates at the property line . Cars park in front of the building . It causes cars to back out into the intersection . It is an unsafe condition . The balance of the lot is gravel . The Byway runs along the west side of the property . It is a private drive . It provides access to half of the gravel parking lot . No modifications are proposed for that portion of the site . The proposed modifications are intended to increase safety , eliminate hazards , and improve the aesthetics and accessibility. Cornell had a working session with Mr. Noteboom , Town Highway Superintendent and Bruce Brittain . This site plan reflects their input and some of their suggestions . The proposal is to install a curb along Forest Home Drive that would be a continuation of the existing curb length . It would then wrap the corner. It will allow them to install a walkway . It would be a continuation of the walkway to the east . Mr. Noteboom and Mr. Brittain suggested having a crosswalk at the intersection in front of the existing stop sign . It has been included in the plan . It also allows Plantation staff to easily cross the street . The parking spaces have been eliminated in front of the building . The curb results in a defined entrance and exit to the parking lot . Cars are required to pull into the parking lot and into the parking spaces . There is a planting bed to separate the pedestrian walk and the parking . It will also provide some screening for the parking . The asphalt- paved area in front of the building will be landscaped . There is a concrete slab at the front entrance , which has a step up into the building . It is not ADA accessible . The slab will be removed and raised so that the front entrance is at grade . There will be a reduction in parking . There are currently 15 spaces on the site . Four spaces will be lost . The total spaces will be lowered to eleven spaces . Four of the spaces will be assigned to the apartments . One of the spaces will be converted to an ADA accessible space . There will be five staff assigned parking spaces . One space will be designated for other Cornell Plantations staff . It is visitor' s space , but it is not an open visitor' s space . People would have to register in the office . It is intended for people doing business in the building . Mr. Niefer asked if there is access to the rear parking lot from the Byway . Ms . Wolf stated there is an existing curb down the center of the back parking lot . Three spaces are accessed from the Byway . It will remain the same . The proposed modifications to the building include two exterior changes . There are painted steel columns that hold up the front porch piece . Historically , there were two decorative wooden brackets supporting the roof over the porch . The proposal is to remove the painted steel posts and ZONING BOARD OF APPEALS PAGE 3 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED replace them with the wooden brackets . The east side of the building houses a sunroom . It is solid windows all the way around . The former user boarded the windows in the sunroom . The intention is to restore the windows in the sun . They will also be installing a new exterior door in that section . They have discussed the plan with Village of Cayuga Heights Fire Department . They felt that the elimination of cars parking in front of the building was a positive improvement . There is a plan for a small interpretive sign to be located on front of the building . The sign would mostly be visible to people walking along the path . It is not intended to be visible to motorists . It would acknowledge Martha Van Renseler and Flora Rose who operated the tearoom . There would be a small identifying sign to the building . The sign is intended to make it possible for people who are trying to find the building . It is also intended to notify the public that this building if for administration . It does not have a program for the public . Mr. Krantz asked if this building is required to have sprinklers because of the institutional use . Mr. Frost responded no . He would like to compliment Ms . Wolf on her hard work with the project . She is very diligent in making sure the application is complete . Mr. Frost stated that he would also like to compliment Cornell . There was some discussion in that the building code does not recognize an occupancy change in the building . The offices that were in the building are consistent with the same type of use as the proposed offices . There were discussions as to whether they would be required to appear before the Planning Board . They were not changing a non -conforming use . Cornell decided to be a good neighbor and appear before the board . There is no change in occupancy from a building code standpoint . Mr. Niefer asked how the Tom Horde letter fit into the application . Ms . Wolf responded that they conditions being referred to are the conditions that were applied to the previous owner at the time that they applied for a State variance . Mr. Horde was reviewing the existing variance that is in place for the mixed use . At the time the State variance was granted the conditions were to have the wooden fire escape and fire detection system replaced . The changes were made at that time . Mr. Frost stated that the property is compliant . He was involved with the previous property owner. They identified some problems as they were going through an operating permit process . They are in complete compliance with the State variance . Cornell will need to obtain an operating permit for the apartments . Chairperson Stotz stated that the only interior changes would be the removal of a wall , installation of one interior and one exterior door. Ms . Wolf stated that they would also be painting and making cosmetic improvements . Chairperson Stotz asked if any changes are being made to the apartments . ZONING BOARD OF APPEALS PAGE 4 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Ms . Wolf responded there are no changes being made to the apartments . Mr. Frost stated when he took the pictures for the meeting ; he crossed in the area of the street in the area of the proposed crosswalk . People tend to speed coming from Beebe Lake towards this property . He was concerned about crossing the street . The board might want to include a condition that would require a sign that warns drivers of the stop sign . Ms . Wolf stated it might be an issue for Mr. Noteboom . Chairperson Stotz asked if Cornell would maintain the new walkway . Ms . Wolf responded yes . Attorney Barney stated there is a sidewalk ordinances that require property owners to maintain the sidewalk . Chairperson Stotz opened the public hearing at 7 : 30 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 : 31 p . m . Mr. Sigel asked if there is an issue with the signage . Ms . Wolf stated that the signs are not designed . The only condition of the Planning Board was that Town staff reviews the design of the signs once they are complete . Chairperson Stotz asked if the signs would be wall mounted . Ms . Wolf responded the signs are not freestanding signs . Mr. Frost stated they have some exemptions as a school use . The details have not been reviewed . Chairperson Stotz stated it is a large improvement to Forest Home . Forest Home is a very pleasant place except for that building . The use of the building was always out of place . The landscaping and curbing will do a lot to make it fit in better with the neighborhood . Chairperson Stotz asked if deliveries would be made to this site . Mr. Rakow stated that there would be occasional deliveries to the building . There will be occasional coming and going . There will be Plantations use space reserved for such uses . There will be no general visitor use . No meetings will be taking place in this building . Occasional deliveries will be taking place . ZONING BOARD OF APPEALS PAGE 5 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Chairperson Stotz stated the deliveries would be made by Cornell business services for office supplies . Mr. Rakow responded correct . Chairperson Stotz stated that the Planning Board did the environmental assessment . Attorney Barney stated that the Zoning Board of Appeals might want to pass a resolution concurring with the designation of the Planning Board as lead agency and concurring with the negative determination of the Planning Board . Chairperson Stotz stated the impact on historic and archeological resources is marked yes to have an impact . Mr. Smith stated the house is in a historic district . They were recognizing it as a historic building . RESOLUTION NO. 2000-52 — ENVIRONMENTAL ASSESSMENT — Cornell University Plantation Office Relocation, September 13, 2000. MOTION made by David Stotz, seconded by Ronald Krantz. RESOLVED, that this board concurs with the designation of the Planning Board as lead agency in this matter and further concurs with the determination of a negative determination of environmental significance made by the Planning Board. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: None. The MOTION was declared to be carried. RESOLUTION NO. 2000-53 — SPECIAL APPROVAL, Cornell UniversitV Plantation Office Relocation, September 13, 2000. MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board grants the appeal of Cornell University, requesting a Special Approval under Article IV, Section 11 . 3 of the Town of Ithaca Zoning Ordinance, to be permitted to establish a school use in an existing business/residential mixed use building at 130 Forest Home Drive, Town of Ithaca Tax Parcel No, 66- 1 -6, Residence District R- 15 based upon the following: ZONING BOARD OF APPEALS PAGE 6 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED a . The requirements of Article XIV, Section 77, Subdivision 7, Subparagraphs a -h have been met; b. The new use is acceptable in a residence district; C, This is a historic building in a historical area of the Town of Ithaca and the applicant is partially restoring the building based upon historical records. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried. The second appeal to be heard was as follows : APPEAL of Ithaca Airline Limousine , Neil Wintermute , Owner/Applicant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to place a 2 , 000 gallon diesel fuel skid tank on a nonconforming property located at 615 Five Mile Drive , Town of Ithaca Tax Parcel No , 31 -2-30 , Residence District R-30 . Said appeal also includes replacement of an old 600 square foot storage building with a new 3 , 200 square foot building . The property is nonconforming since it is used for commercial purposes in a residential zone . Neil Wintermute , Ithaca Airline Limousine , stated they are requesting to put in an aboveground skid tank for diesel fuel . This would allow them to fuel their large vehicles . It is also a cost saving measure for the business . Buying bulk is considerably cheaper. The tank they have selected meets all specifications . It meets fire code . It would be located eight feet from the building . Chairperson Stotz stated that he was unable to locate their location . Mr. Wintermute stated their location is isolated . There are many people in the area that does not know where they are . They do not have neighbors . One side of the property is bounded by railroad tracks . The end of the inlet extends up to their property . Their closest neighbors are housed in the 600 block of Five Mile Drive . The shed was constructed in the 1920 ' s . Matco Electric is using it . They rent storage space . The space is inadequate . The building is in bad shape . They would like to construct a larger building , 40 ' x80 ' , to give them the adequate space to store their material inside . Northside Pharmacy also rents storage space . It is their intention to move them to the other half of the building . They would be able to expand their garage into their area . ZONING BOARD OF APPEALS PAGE 7 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Frost stated the Town does not have a clear history of the legality of the non -conforming use . For as long as he has been involved with the Town there has been an industrial commercial use on the property . In 1987 there was a fire . He remembers the Superity Company , a Madison Electric , Mr. Audio ' s construction company . The uses are not inconsistent with what they were before . The board should not make any findings that there is something legally conforming . Information might come up later on that contradicts it . Mr. Wintermute stated that Madison bought the property in 1924 . Attorney Barney stated that he represented Madison Electric when he bought the property . Mr. Wintermute stated he has the original purchase in the abstract from Knight to Madison . Attorney Barney stated the purchase was in the 1970 's . Mr. Wintermute stated he might be mistaken . The property has been transferred several times . Mr. Wintermute reviewed the abstract and determined that Glenn Marion bought the property in 1934 . Mr. Frost stated the application stated that the tank would comply with NFPA 38 . Mr. Wintermute will need a building permit . His office has not concluded that the skid and everything is going to comply . Mr. Ellsworth stated that the NFPA mandates the tank be a certain distance from the building . Mr. Frost stated the mandatory distance is not large . Mr. Wintermute stated the specifications call for the tank to be five feet from the building . Mr. Frost stated this property is not in a flood plane . The flood plane is located on the other side of the railroad tracks . Chairperson Stotz asked if there are berm requirements . Mr. Wintermute stated they are going to install berms . Chairperson Stotz stated the building is much larger. The same two tenants would be using the building . Does either tenant have plans to stall more material at the site ? Mr. Wintermute responded no . They are moving the materials stored outside , inside . Mr. Frost stated that there is not a lot of materials out side the building . The board might be concerned about how the property may grow from a use standpoint . ZONING BOARD OF APPEALS PAGE 8 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Wintermute stated their long-term plans end with this building . They have two permanent easements on the land . One is to the north of the building and there is one to the east of the building . These easements are for flood control channel work . They are permanent . We can use the property for anything that is not permanent . Once this building is in place they do not have anywhere else to expand . The only other expansion his company would have it to eliminate tenants . Mr. Frost stated he couldn 't have any more tenants move in without contacting his office . It was hard for him to determine what changes may have occurred on this property since 1986 . Mr. Sigel stated he is confused about the property boundaries . There is a large area marked in yellow on the copy of the tax map . Then other drawings show a smaller area . Mr. Frost stated the tax parcel was highlighted . Attorney Barney stated much of the property is restricted by easements . Mr. Frost stated he has not heard anything from the neighbors . Mr. Wintermute stated the easement calls for complete access to the flood control area . They can have something in that area as long as it is not permanent . The tank can be moved if it is encroaching on the area . Chairperson Stotz stated the hook- ups to the tank are on the tank itself . There is not a need for underground lines . Where is the pump ? Mr. Wintermute stated the pump is mounted on the tank . It is part of the tank . Mr. Frost stated should this be approved he will need a building permit for the tank . Chairperson Stotz asked what type of building are they constructing . Mr. Wintermute responded that it would be a pole barn . It would be metal skin and no windows . It would be a metal building . There will be electric to the building only for lighting . Chairperson Stotz asked if there would be any sanitary facilities . Mr. Wintermute replied no . There would only be heat . It is cold storage . It will have a concrete pad . Mr . Sigel stated he is uncomfortable approving a tank in a residential zone . Mr. Frost stated they have had private residences inquire about putting in large storage tanks with fuel . ZONING BOARD OF APPEALS PAGE 9 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Sigel stated he is concerned about spillage . Mr. Wintermute responded that the tank has to be retained in double wall concrete . Mr. Frost asked if Mr. Wintermute has had contact with New York State Department of Environmental Conservation . Mr. Wintermute stated they had not indication they would need New York State Department of Environmental Conservation approval . If they were installing a large tank they would . Chairperson Stotz asked what fire prevention mechanisms are in place for the tank . Mr. Wintermute stated he has a double wall . Diesel fuel is not flammable like gas . Diesel is fuel oil with a dye in it . People who utilize fuel oil for heating have tanks on their property. Mr. Sigel stated there is going to be more fuel delivered and dispensed regularly. In some ways it is safer because the tanks are above ground and can easily be inspected . Would this be subject to periodic inspection ? Mr. Frost stated it would be subject to fire safety inspection . There are some regulations for this . Mr. Wintermute stated they would need to have a delivery every month to every month and a half . A smaller tank would mean every two weeks . Most of their vehicles are gas . Mr. Frost stated they provide a community service for children with handicaps . Mr. Wintermute stated they do a number of things . They provide DSS service to Syracuse for the hospitals . They donate a lot of transportation to many charities . They also provide transportation for medical equipment . Chairperson Stotz asked if the fire department has a problem accessing their property . Mr. Wintermute responded no . The buses are as large as the fire trucks . Mr. Sigel asked if there are other businesses in the area with this type of tank . Mr. Frost stated the school bus garage and County Highway Department have similar tanks . Mr. Wintermute stated there are tanks in the City Industrial Park across the Inlet . Chairperson Stotz opened the public hearing at 8 : 02 p . m . and asked if any persons wished to be heard . With no persons present to be heard , Chairperson Stotz closed the public hearing at 8 : 03 p . m . ZONING BOARD OF APPEALS PAGE 10 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED ENVIRONMENTAL ASSESSMENT : Mr. Smith stated spills might gradually develop into a problem . Mr. Wintermute stated that he would try to alleviate the situation . The pump will be locked . Three people will fill the buses , two mechanics and himself . The drivers will not be filling the buses . Chairperson Stotz asked if there is a refueling pad . Mr. Wintermute responded no . It will be gravel . Mr. Sigel stated diesel is less volatile than gasoline . There will be more retention in the soil . Chairperson Stotz asked if it would be monitored . Mr. Frost stated New York State Department of Environmental Conservation does monitor gas tanks . He is not sure about diesel tanks . Mr. Wintermute responded that New York State Department of Environmental Conservation checks the flood control project twice a year. They do come over to their facility . It is not an official monitoring , but they are aware of what they are doing . Chairperson Stotz stated vehicles will make grease spots over time . It is a minor consideration . Mr. Frost stated it is a concrete embankment about the site . Mr. Smith stated that there was a concern about the Future City Park that is to the south and east . The tank and building will be visible . Chairperson Stotz stated he does not feel it is an important issue . Mr. Frost stated there would be more seen after the City develops . Mr. Smith stated the park is going to be developed as a natural area . It will not be open space . Mr. Frost stated it is a nice area around the railroad tracks . Attorney Barney stated the park is in the Town , but it is City owned . The Town conveyed the land to the City . The covenant is that it can only be a park . ZONING BOARD OF APPEALS PAGE 11 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Frost stated that there are eliminating an unsightly storage building . The new building is large , but the items outside will now be inside . Mr. Smith stated they were also concerned about mischief after hours . Chairperson Stotz asked if they were going to landscape the area . Mr. Wintermute stated that there is an embankment . The roadway that comes down branches off to their property to the north . It then travels to the railroad tracks and crosses over to the other City parkland . There is another embankment in that location . They are going to screen the area . It will be nice to have the City Park . Chairperson Stotz stated that there might be some complaints once the park is open . Mr. Frost stated the application was advertised . They had an opportunity to speak with the board . Mr. Wintermute stated there is a lot of traffic in the area . Many of the people are very nice . They hike through the area . There are some undesirable people as well . His immediate neighbors do not have an objection to what they are doing . Mr. Sigel asked if the tank would be locked at all times . Mr. Wintermute responded yes . RESOLUTION NO. 2000-54 — ENVIRONMENTAL ASSESSMENT — Ithaca Airline Limousine September 13, 2000. MOTION made by David Stotz, seconded by Harry Ellsworth. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Ithaca Airline Limousine, requesting authorization to be permitted to place a 2, 000 gallon diesel fuel skid tank and to replace an old 600 square foot storage building with a new 3, 200 square foot building on a nonconforming property located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2-30, Residence District R-30, based upon the recommendations stated in the Town of Ithaca Planning Dept. report. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried. ZONING BOARD OF APPEALS PAGE 12 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Sigel asked if vehicles would be stored in the new building . Mr. Wintermute responded no . RESOLUTION NO. 2000=55 — Authorization for Ithaca Airline Limousine to Place a 2, 000 Gallon Diesel Fuel Skid Tank and Replace an Old 600 Square Foot Storage Building with a New 3,200 Square Foot Building, September 13, 2000. MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board grants the appeal of Ithaca Airline Limousine, requesting authorization under Article Xll, Section 54 to be permitted to place a 2, 000 gallon diesel fuel skid tank and replace an existing 600 square foot storage building with a new 3, 200 square foot storage building, located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2-30, Residence District R-30, subject to the following condition: a . That the building and tank be place as shown on the plans submitted to the Zoning Board of Appeals and in accordance with applicable building codes and; b. That the new storage building be limited to the use of no more than two tenants at one time. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried. The third appeal to be heard was as follows : APPEAL of Sam Peter Furniture , Sam Peter, Owner/Applicant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a nonconforming retail store located at 1083 Danby road , Town of Ithaca Tax Parcel No . 43- 1 -5 , Business District "C" . Said store is nonconforming as the building ' s lot coverage exceeds the 30% maximum and the building setbacks to property lines are less than the required 30 feet . Sam Peter, 1111 Danby Road , stated his store is in a unique location . He runs a very prestigious furniture store . They do not have a parking problem . There is sufficient parking . He allows four or five cars to park there during the day . The addition will not take up more parking . It is a second story addition . The front door is going to be moved to the side . It will slightly increase the parking . ZONING BOARD OF APPEALS PAGE 13 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED It is a simple addition . It will improve the looks of the building . Aesthetically they have a nice looking building . The south side is the weak portion of the building because it has a shed roof . The store is always neat . They have nothing but compliments about the way they run their business . He is very proud of the store . He does not see a problem with the addition outside of the cost of it . Chairperson Stotz stated that it would be an improvement to the building . Mr. Peter stated the south area is the weak part of the store . It does have a shed roof . The clock tower will enhance the looks of the building . It is a good- looking building . They always keep it painted and neat around . The shrubs are always trimmed . Chairperson Stotz stated there is storage building on the east side . Will it be affected in anyway? Mr. Peter responded no . It will remain the same . Mr. Frost stated this was before the Planning Board . They granted preliminary and final site plan approval . Mr. Sigel asked if the new addition would meet up with the two-story portion of the back of the building . Mr. Peter responded yes it would . Mr. Frost stated he has not taken in a building permit application . He has done any code review . Mr. Niefer asked if the footprint of the building is the same . Mr. Frost stated the footprint of the building is being increased slightly . Mr. Peter stated there is an overhang and a porch on the south side . They will be removed and become the addition . Chairperson Stotz asked if there would be an elevator in the addition . Mr. Peter responded it would be accessed by an outside ramp . The ramp is existing . He is going to lower it and utilize it for the addition . Mr. Frost stated the second floor is only going to be used to store stock . It is not going to be for public use . ZONING BOARD OF APPEALS PAGE 14 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Chairperson Stotz asked if there would be a change in signage . Mr. Peter replied the signs would remain the same . Chairperson Stotz opened the public hearing at 8 : 26 p . m . , and asked if any member of the public wished to be heard . Steve Flash , Attorney , stated he is representing Evan Monkemeyer. He has reviewed the application . The application is an expansion of a previously existing and approved nonconforming use . It is in a business "C" zone . Mr. Monkemeyer owns several properties surrounding Mr. Peter' s business . They are primarily residential rental units . He works very hard to keep the quality of the neighborhood up for his tenants . His concern is that the existing laws are enforced as a condition of the board 's approval of the appeal . Mr. Monkemeyer is concerned with the trash and the bins that are generated by a warehouse . It is outside . He would like to refer the board to Article VII , Section 38 , Subdivision 5 . This prohibits refuse outside . There is a lot of refuse that is generated by the unloading of furniture materials . They are generated and then blow up the street by the wind . In his review of the statute it would appear the bin should be covered . They are not now and have not been . Mr. Monkemeyer is concerned additional warehouse space is going to generate a lot more . Section 38 , Subdivision 2 requires an off street loading dock area . Contemporary Trends and Warnick' s storage areas are contained . There is no generation of trash that is able to float around . There is not containment of his loading and off loading area or of his dumpsters . The landscaping required for a nonconforming use and exceeding lot coverage . If the number of required parking spaces were not met the spaces left over is to be landscaped . It is under Article VII , Section 38 , and Subdivision 6 . This requires proper landscaping . It would do a lot to improve the area and it should be maintained . Safety is another concern . Subdivision 6 deals with safety and trash . The weeds are allowed to grow quite high . They do reduce your line of site from East King Road turning onto Route 96 looking south . The parked cars also cause some obstruction . It is a dangerous intersection . There is a street light that is helpful , but failure to maintain the property as required does pose an additional safety hazard . They would like the enforcement as a condition of any approval and the trash by retained and behind a buffer. Chairperson Stotz asked what is meant by retained behind a buffer. Mr. Flash stated that it could be fenced in . Rogan 's Corner has a nicely fenced in area . It retains the material from blowing around . Chairperson Stotz stated that he travels past Sam Peter' s quite a bit . He is trying to remember if he has ever seen any trash . ZONING BOARD OF APPEALS PAGE 15 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Flash stated there is not a cover on the dumpsters . There was trash in the northern ditch of East King Road . He does not know if there are restrictions against creating a warehouse . The amount of what is being generated will be doubled . Mr. Krantz stated there are dumpsters on site . Mr. Flash stated they are not covered and they are not fenced in . Mr. Frost stated the dumpsters could be seen in the pictures he had taken of the site . There was nothing in the dumpster or around the dumpster. Mr. Niefer asked how many feet away is the first rental property . Mr. Flash stated that it is less than 100 feet . Mr. Frost stated that he has not had any complaints about garbage or trash about the property . He has never seen anything as many times as he has been past the property. He is not saying it does not exist . He has had other properties with consistent garbage problems . Mr. Krantz stated he has seen a lot of dumpsters . Sometimes the lids are left open . He has not seen one without a lid . Mr. Niefer stated that the Planning Board required landscaping as a condition in their approval . They have addressed the issue of landscaping . Weeds would also need to be taken care of . Mr. Smith stated the Planning Board resolution only refers to the south side of the building . Mr. Sigel asked if the Planning Board resolution referred to a specific landscape plan . Mr. Smith responded no . The Planning Board asked the landscaping be improved . It is now a planting bed with some bark and five evergreen shrubs . Chairperson Stotz stated Mr. Monkemeyer is talking about the strip of grass between the parking lot and Route 96B . Mr. Peter stated they are going to put extra shrubs in on the west side of the building . Mr. Flash stated his client is not opposing the addition . They are seeking that what is done is compliant with the statute . Attorney Barney asked where are the bins located with respect to the site . Mr. Frost stated there is nothing on the north side . ZONING BOARD OF APPEALS PAGE 16 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Peter stated the dumpster is in back of the property . Chairperson Stotz closed the public hearing at 8 : 39 p . m . Mr. Peter stated there are times where they might be a little lenient and leave some cardboard out . The dumpster does have tops . Generally it is kept neat . If in fact they had more storage space they would be less apt to have more garbage or papers as them imply . There was a remark made about how neat Mr. Monkemeyer keeps his property . He has apartment with many unrelated persons in the same apartment . Mr. Frost stated this is not the time to make complaints . He will need to file a complaint at another time . Mr. Peter stated the addition is not taking up a parking area . It is going to alleviate the extra cardboard . They do have a cardboard container and a dumpster. There was a remark made about not mowing some of the grass . He cannot mow the area because it is State property . They have mowed it from time to time . It is not their property , so they are unable to mow it . Chairperson Stotz stated a valid point has been made about requiring screening the waste receptacles . Could that be done ? Mr. Peter responded yes . Has it anything to do with the addition ? Mr. Frost responded yes . They are dealing with an approval of something that is nonconforming . If there is a deficiency then the board could address it . Mr. Peter stated he could enclose the dumpster. Mr. Frost asked if the dumpster could be moved to the north side of the building for access and screening . Mr. Peter stated he does not think he could move it . The cardboard container is on the north side . The dumpster is directly in back of it . If he pulled the dumpster out it would be more obvious . It is hidden in the trees . He has to leave the back of the dumpster open so that the truck can get in there . Attorney Barney stated that they could create a gate opening . Mr. Peter stated that he could do that . Chairperson Stotz stated the Planning Board has addressed the maintenance of the landscaping . After the landscaping is in , it would be expected that it be maintained . ZONING BOARD OF APPEALS PAGE 17 SEPTEMBER 13, 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Peter stated they have beautiful landscaping in front of their building . They are going to continue the landscaping when the new addition is put on . On the north side there are plantings . They are not full-grown . There are plantings on the south side . Evan Monkemeyer, East King Road , asked who owns the property between the west parking lot and Route 9613 , Chairperson Stotz stated that he would allow the one question , but the public hearing is closed . Mr. Frost stated that the right-of-way is very large . It is sixty or more feet from the center of the road . Mr. Monkemeyer stated it does not get maintained . If it is not his responsibility , who is responsible ? Chairperson Stotz stated that they noted the comments of his attorney . Mr. Peters stated the State does not do a good job mowing the property. ENVIRONMENTAL ASSESSMENT : Chairperson Stotz stated there is no decrease in parking and no increase in usage . Mr. Smith stated the same amount of commercial activity is going to be taking place . There will be more storage . The building lot coverage does not increase a lot . The increase is 0 . 05% . RESOLUTION NO. 2000-56 — ENVIRONMENTAL ASSESSMENT — Sam Peter Furniture Store September 13, 2000. MOTION made by Ronald Krantz, James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Sam Peter Furniture, requesting authorization to be permitted to enlarge a nonconforming retail store located at 1083 Danby Road, Town of Ithaca Tax Parcel No. 43- 1 -5, Business District "C; based upon the recommendations stated in the Town of Ithaca Planning Dept. report. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried. ZONING BOARD OF APPEALS PAGE 18 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Chairperson Stotz stated there is a general improvement in the property . The issue of maintaining the strip of land and the weeds on it has been raised . There is also a concern about screening the waste area and the accumulation of trash along the highway . Mr. Niefer stated he does not think it should be included in the item being discussed . Mr. Sigel stated it might be reasonable to put in a stipulation that the correction is made . Chairperson Stotz stated it would be nice if the grass was cut , but who has the responsibility. He does not think it is a hazard with the red light . Mr. Sigel stated they could enforce the maintenance of the grass if Mr. Peter owns it . Mr. Frost stated the Town does not have an ordinance requiring the grass to be cut . Mr. Peter stated they have mowed the grass several times . Mr. Frost stated he is not comfortable with the Planning Board language in the resolution when they used the term " reasonable" from an enforcement standpoint . Attorney Barney stated there was a concern by the Planning Board that occasionally the plantings did not look healthy . The thought was Mr. Frost could tell the difference between healthy and unhealthy plantings . Mr. Krantz stated the Planning Board resolution does include a condition of the improvement of the existing planter on the south side of the building with the addition of low shrubs . Mr. Niefer stated some of the properties in the Town of Ithaca look far worse . Mr. Peter knows the general feeling as far as the desirability . It is to his benefit to have a nice appearing building . Chairperson Stotz stated there has been no changes in parking spaces . The requirement for establishing grassy areas does not apply . Mr. Sigel asked how could they word something regarding the dumpster screening . Attorney Barney stated if the board chose to approve the appeal they could include a condition that the dumpster be screened in a matter satisfactorily to the Director of Building and Zoning as required by the statute . Chairperson Stotz asked if the material of the second story would be compatible with the existing building . Mr. Peter stated it would be finished in the same material as the existing building . It is going to be one solid wall of drivet . ZONING BOARD OF APPEALS PAGE 19 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Chairperson Stotz asked if he would remove the artificial stone . Mr. Peter responded no . The artificial stone is on the side of the building . RESOLUTION NO. 2000-57 — Sam Peter Furniture, Authorization to Enlarge a Nonconforming Retail Store, September 13, 2000. MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this board grants the appeal of Sam Peter Furniture, requesting authorization under Article Xll, Section 54 to be permitted to enlarge a nonconforming retail store located at 1083 Danby Road, Town of Ithaca Tax Parcel No. 43- 1 -5, Business District "C: The Zoning Board of Appeals is making its findings based upon the requirements of Section 77, Subdivision 7, Subparagraphs a -h, subject to the following conditions: a . That the all outside trash containers be screened from exterior view. Such screening shall be constructed to the satisfaction Town of Ithaca Director of Building and Zoning; and b. That the applicant be in compliance with all conditions set forth by the Planning Board. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried. OTHER BUSINESS . Chairperson Stotz stated the board needs to discuss where they are going to meet . The Aurora Conference room may be sufficient for most meetings , but there are going to be occasions when it is not . It is a confining room . Mr. Frost stated Justice Bordoni holds court on Wednesday evenings . Justice Larkin holds court Monday mornings . The Town Board meets the first Monday following the first Tuesday of the month . The Planning Board meets the first and third Tuesday . It is hard to anticipate turnout . Attorney Barney stated the board might be able to work something out with Justice Bordoni , He might be willing to finish early the second Wednesday of the month . Mr. Frost stated he does not want to do that . He is not in the position to make the suggestion to Justice Bordoni . He would prefer the Attorney for the Town approaches Supervisor Valentino . ZONING BOARD OF APPEALS PAGE 20 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Chairperson Stotz stated the room is more intimate than what they had before . It can be helpful to some people . Mr. Frost stated the board might want to consider holding a few meetings in this room . Then evaluate the situation . Mr. Ellsworth stated it is hard to anticipate when there is a crowd . Chairperson Stotz stated it would be stuffy if every seat is occupied . Mr. Sigel stated that the room is too small . It is not uncommon that there are a few people showing up for several cases . Mr. Niefer stated that Town of Ithaca taxpayer has paid for larger areas for public meetings . The public will not see this room as an improvement . Attorney Barney stated the board could change their meeting to Thursday evenings . Mr. Frost stated the board could also meet on Mondays when the Town Board does not meet . The board decided to change the meeting schedule to the third Monday of the month. Ch erson Stotz adjourned the meeting at 9 : 11 p . m . id Stotz , irp rso Carrie L . Whitmore , Deputy Town Clerk TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, 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, 215 North Tioga Street, Ithaca, New York on Wednesday, September 13, 2000, commencing at 7:00 P.M., as per attached. Location of sign board used for posting: Town Clerk Sign Board — 215 North Tioga Street. Date of posting: September 6, 2000 Date of publication: September 8, 2000 O Dani L. Holford, Building and Zoning Def rtment Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 8th day of September 2000, DEBORAH KELLEY Notary Public, State of Now York No. 01 KE6025073 Ouslified in Schuyler Cou� � Commission Expires May 17. �,.,. cc � P TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, SEPTEMBER 13, 2000 7 :00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, September 13 , 2000, in Town Hall, 215 North Tioga Street, (REAR Entrance), Ithaca, N .Y., COMMENCING AT 7 :00 P .M . , on the following matters : APPEAL of Cornell University, Appellant, Trowbridge and Wolf, Landscape Architects, Agent, requesting a Special Approval under Article IV, Section 11 . 3 of the Town of Ithaca Zoning Ordinance, to be permitted to establish a school use in an existing business/residential mixed use building at 130 Forest Home Drive, Town of Ithaca Tax Parcel No. 66- 1 -6, Residence District R- 15 . An approval under Article XII, Section 54 of said ordinance may also be requested as the building and the property do not conform with current zoning regulations. Only minor modifications are proposed to the property. APPEAL of Ithaca Airline Limousine, Neil Wintermute, Owner/Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to place a 2,000 gallon diesel fuel skid tank on a nonconforming property located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2-30, Residence District R-30. Said appeal also includes replacement of an old 600 square foot storage building with a new 3 ,200 square foot building. The property is nonconforming since it is used for commercial purposes in a residential zone. APPEAL of Sam Peter Furniture, Sam Peter, Owner/Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a nonconforming retail store located at 1083 Danby Road, Town of Ithaca Tax Parcel No. 43- 1 -5 , Business District "C ." Said store is nonconforming as the building' s lot coverage exceeds the 30% maximum and the building setbacks to property lines are less than the required 30 feet. Said Zoning Board of Appeals will at said time, 7 :00 p.m. , and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273- 1783 Dated: September 5, 2000 Published: September 8 , 2000