HomeMy WebLinkAboutZBA Minutes 2020-04-14Town of Ithaca
Public Hearing Notice
Zoning Board of Appeals
Tuesday, April 14, 2020 @ 6:00 p.m.
215 N Tioga St.
0002-2020 Appeal of Chuck Schwerin,owner of 1036 East Shore Drive, Tax Parcel No.
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0003-2020 Appeal of Cornell University,owners of 275 Palm Road, Tax Parcel No. 64.-1-1,
are seeking relief from Town of Ithaca Code sections 225-3 (New buildings required to have
sprinkler systems). Town of Ithaca code section 225-3 A (8) requires sprinklers for storage
buildings exceeding 400 square feet in size, and Cornell is seeking to not install sprinklers. The
current property is located in the Planned Development Zone identified as Special Land Use
District No. 9.
Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will
not be meeting in-person. In accordance with the Governor’s Executive Order 202.1, this
meeting will be held by video conferencing through the Zoom App. The meeting can be accessed
by going to www.zoom.us - Join Meeting - Meeting ID 944-393-1973. You can also call in to the
Zoom meeting at +1 (929 436 2866). =RRPZLOODOORZIRUFRPPHQWVIURPWKHSXEOLFGXULQJWKH
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Marty Moseley
Director of Code Enforcement
ZBA Minutes 2020-04-14 Pg. 1
Town of Ithaca
Zoning Board of Appeals
Tuesday, April 14, 2020
Meeting held via ZOOM
Board Members Present: Rob Rosen, Chair; Members, David Squires, Chris Jung, and Bill
King Alternates David Williams and David Filiberto Absent: George Vignaux
Staff: Marty Moseley, Codes; Paulette Rosa, Clerk and Susan Brock, Attorney for the Town
Mr. Rosen opened the meeting at 6:17 p.m.
0002-2020 Appeal of Chuck Schwerin, owner of 1036 East Shore Drive, Tax Parcel No.
19.-2-13, is seeking relief from Town of Ithaca Code sections 270-205(A) (Non-conforming
Structures), 270-46(C) (Yard regulations), and 270-47 (Building Area), for a proposal to build an
approximately 12’ foot by 20’.5” foot addition.
Michael Major, Engineer and Agent was present for the applicant and gave an overview of the
project stating that they looked at other ways to expand but there is an existing sewer easement
and power lines that made other scenarios not feasible.
The current plan is to build up over the existing sunroom and deck and the plans match the
existing styles of the neighborhood.
Mr. Rosen stated that we have had a number of these appeals for this area; most of the homes are
legally non-conforming and the character of the neighborhood is very densely populated with
very small spaces between the houses and houses squeezed between the lake and the railroad
tracks.
He said this house seems typical for the area and they are not expanding the footprint of the
house and the view to the north is completely blocked by the house to the north that is closer to
the lake.
Mr. Rosen thought this had a relatively minor impact and is being done in a sensible way that is
compatible with other variances we have issued in the area.
Mr. Squires stated that he visited the site and all the properties are very crowded and it wouldn’t
be inconsistent with the properties in the area. He added that we did not receive any comments
in opposition to this project.
Ms. Jung agreed with the other members saying this is similar to other variances granted and
consistent with the other properties nearby.
Mr. King stated that he didn’t think there was an issue because the footprint will remain the same
and their nonconformity is smaller than many we have seen in this area.
ZBA Minutes 2020-04-14 Pg. 2
Mr. Williams and Mr. Filiberto agreed with the statements above.
Mr. Rosen opened the public hearing at 6:30 p.m. There was no one present on ZOOM and Ms.
Rosa stated for the record that no one had called or emailed regarding this appeal during the
meeting or public hearing.
Ms. Brock stated that there is no SEQR required because it is the expansion of a single family on
an existing lot and an area variance for a single family.
As the Board drafted the resolution, it became apparent that the footprint will be extended by
adding a small entrance way/landing off of the existing sunroom after it is converted to the
additional space. Total expansion approximately 4’ feet.
ZBA Resolution 0002-2020 Area Variances
1036 East Shore Drive, TP 19.-2-13
April 14, 2020
Resolved that this board grants the appeal of Chuck Schwerin, owner of 1036 East Shore Drive,
Tax Parcel19.-2-13, is seeking relief from Town of Ithaca Code sections 270-205(A) (Non-
conforming Structures), 270-46(C) (Yard regulations), and 270-47 (Building Area), for a
proposal to build an approximately 12’ foot by 20’.5 foot addition with the following:
Conditions
1. That the project be constructed substantially as submitted to this board.
Findings
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community, specifically:
1. That the benefit sought by the applicant cannot be achieved by any other means feasible
given that there is an easement for an existing sewer line on one side and a NYSEG
easement on another, and any alternative would have required a variance, given that the
property is an existing non-conformity, and
2. That there will not be an undesirable change in the neighborhood character or a detriment
to nearby properties given that the house fits the character of the neighborhood and the
proposed change in the volume of the structure and expansion of the footprint is
relatively minor, being the 4’ feet further than the sunroom, but is in keeping within the
scale of nearby properties,
3. That the request is substantial in that the required side yard setback is a minimum of 20’
feet and the north side addition will be 4’feet 10” inches from the side lot line and on the
south side they will be 9’ feet 11” inches and the maximum building area is 10% where
currently it is 23% and that will increase to just under 28%, but nevertheless, this is
typical for this neighborhood, and
ZBA Minutes 2020-04-14 Pg. 3
4. The variance will not have an adverse physical or environmental impact as evidenced by
no SEQR being required, and there is no evidence that this will cause such impact
regardless of no SEQR being requires, and
5. That the alleged difficulty is self-created in that the owner wishes to expand their house,
but nevertheless, this board finds that the benefit to the applicant outweighs any detriment
to the health, safety and welfare of the community for the reasons stated above.
Moved by Rob Rosen, seconded by David Squires.
Vote: ayes – Rosen, Squires, Jung, King and Filiberto Unanimous
0003-2020 Appeal of Cornell University, owners of 275 Palm Road, Tax Parcel No. 64.-1-1,
are seeking relief from Town of Ithaca Code sections 225-3 (New buildings required to have
sprinkler systems). Town of Ithaca code section 225-3 A (8) requires sprinklers for storage
buildings exceeding 400 square feet in size, and Cornell is seeking to not install sprinklers. The
current property is located in the Planned Development Zone identified as Special Land Use
District No. 9.
There was no one present for the applicant. Mr. Moseley stated he had seen him on the ZOOM
screen but did not at this time.
Mr. Rosen began the discussion saying that this seems similar to the request from Cornell in the
past for another storage building on Palm Rd that was not near water or electric facilities and it
was unreasonable to install a sprinkler there. He asked Mr. Moseley to give a brief overview.
Mr. Moseley state that these are storage containers commonly referred to as “Verdi containers”
because those are the name on the side of many of these metal containers. The containers were
on this site and the college then constructed a roof from container to container and making
essentially one long room.
Mr. Moseley showed the picture of the structure using ZOOM and added that they did go to the
Planning Board and received Site Plan approval with the condition that this board grants the
appeal regarding the sprinklers not being needed. The County also submitted their GML
response and have no concerns.
Mr. Moseley stated that Cornell has indicated that they use the building for small equipment,
wheelbarrows, hand tools etc.
Mr. Rosen started the discussion saying that this is not near water or electricity and they are non-
combustible metal containers full of gravel and small equipment. He thought it was very similar
to the January request and others in these circumstances.
Mr. Squires said he agreed that this is just like the last appeal and it is cold storage and he didn’t
think sprinklers are required.
ZBA Minutes 2020-04-14 Pg. 4
Mr. King stated that this is uninhabitable space and it would be really cost prohibitive to put
sprinklers in and makes perfect sense to him.
Mr. Filiberto, Mr. Williams and Ms. Jung stated that they agreed with the earlier comments and
had nothing to add.
Ms. Brock noted that there are some combustible materials such as gasoline in the small engine
machinery.
Mr. Rosen agreed, adding that the similar appeals had the same.
Mr. King added that the roofs are wood with metal overlay so there is some combustible material
there also.
Mr. Rosen opened the public hearing at 6:55 p.m. There was no one present on ZOOM wishing
to address the Board and Ms. Rosa stated for the record that she had received no emails or phone
calls for the appeal.
Ms. Brock stated that SEQR is not required; this is Type II action – routine activity of an
educational institution involving an expansion of existing facilities of less than 10,000 square
feet.
Mr. Rosen discussed requiring fire extinguishers and the board agreed that they should be
required as stipulated in the NYS Uniform Fire Prevention and Building Code.
ZBA Resolution 0003-2020 Sprinkler Variance
Cornell University
275 Palm Rd, TP 64.-1-1
April 14, 2020
Resolved that this Board grants the appeal of Cornell University, owners, 275 Palm Road, Tax
Parcel No. 64.-1-1, from the requirements of Town of Ithaca Code sections 225-3 that new
buildings be required to have sprinkler systems and Town of Ithaca code section 225-3 A (8)
requiring sprinklers for storage buildings exceeding 400 square feet in size, with the following:
Conditions
1. That fire extinguishers are required as stipulated in the NYS Uniform Fire Prevention and
Building Code, and
2. That all doors must be able to be opened from the inside, and
3. The structures remain used for storage only
Findings
1. Strict application of the Sprinkler Chapter of the Town Code would cause a practical
difficulty or unnecessary hardship, because there is no water service to this structure or heat
which would raise an issue with any sprinkler system freezing at the site of the building, and
2. The omission of an approved sprinkler system from all or part of the building will not
significantly jeopardize human life, because the building will be used for storage only, and
the building has multiple exits for egress in an emergency situation which will be required to
be able to be opened from the inside.
Moved by Rob Rosen, seconded by Bill King.
Vote: ayes - Rosen, King, Jung, Squires and Williams. Unanimous
Other business
Mr. Moseley noted that there are no appeals for next month. May Zoning Board of Appeals is
canceled.
Submitt^ by
Paulette Rosa, Town Clerk
ZBA Minutes 2020-04-14 Pg. 5
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca,
Tompkins County, New York that the following notice has been duly posted on the sign board of
the Town Clerk of the Town of Ithaca and the notice has been duly published in the official
newspaper, Ithaca Journal:
□ NOTICE OF PUBLIC HEARINGS
275 Palm Rd
and
1036 East Shore Dr
Location of Sign Board Used for Posting:
N/A Office Closed COVID-19
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: Web April 6, 2020
Date of Piiblicatton: April 6, 2020
Paulette Rosa
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this
.April , 2020
.10"^ _ day
otary Public
JUDITH C. DRAKE
Notarv Public, Sta.te of New York
No. O'URGOSAScS\ 'QualifiGC ir Turr.pKins CouiityCommission Expires December
Town of ithaca
Public Hearing Notice
Zoning Board of Appeals
Tuesday, Aprii 14, 2020
& 6:00 p.m.
215 N Tioga St.
0002-2020 Appeal of Chuck Schwerin, owner of 1036 Eas
Shore Drive, Tax Parcel No. 19.-2-13, is seeking relief frorr
Town of ithaca Code sections 270-20S{A> (Non*""-conforming structures), 270-46(C) (Yard regulations), and
270-47 (Building area), for a proposal to build an approxi
mate 12 foot by 20.5 foot addition. Town of ithaca Codesection 270-205(A) does not allow for a non-conforming
structure to be altered in a way that would increase its
nonconformity,where the applicant is proposing an addition that would increase its non-conformity; Town of
Ithaca Code section 270- 46 (C) requires that side yard set
back from lot lines be a minimum of 20 feet, where 4 feet
10 V2 inches Is proposed on the north side of the addition
and about 9 feet 11 inches is proposed on the south side
of the addition; and Town of ithaca Code section 270-47
allows for a maximum building area of 10% of the lot
area, where the approximate building area is currentlyabout 23% and is proposed to increase to slightly under28% building area. The current property is Tocated in the
Lakefront Residential Zone.
0003-2020 Appeal of Cornell University, owners of 275Palm Road, Tax Parcel No. 64.-1-1,are seeking relief from
Town of Ithaca Code sections 225-3 (New buildings required to have sprinkler systems). Town of Ithaca code
section 225-3 A (8) requires sprinklers for storage build
ings exceeding 400 square feet in size, and Cornell is
seeking to not install sprinklers. The current property islocated in the Planned Development Zone identifiecf as
Special Land Use District No. 9.
Due to public health and safety concerns related to
COViD-19, the Zoning Board of Appeals will not be meet
ing in-person. In accordance with the Governor's Execu
tive Order 202.1, this meeting will be held by video
conferencing through the Zoom App. The meeting can be
accessed by going to www.zoom.us - Join Meeting -
Meeting ID 944-393-1973. You can also call in to the
Zoom meeting at -t-l (929 436 2866). Zoom will allow for
comments from the public during the public hearing por
tion of the Zoom meeting. Comments can also be submit
ted via email to the Town Clerk at law or by United States
Postal Mail and will be read into the record. Email
prosa@town.ithaca.ny.us with any comments or ques
tions.
Marty Moseley
Director of Code Enforcement
4/6/2020
You are receiving this notice because you live within 500 feet of a property requesting a
variance from the Town Code. Comments can be made during the meeting, or in writing
via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us
All comments become part of the official record.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday, April 14, 2020 at 6:00 p.m.
215 N Tioga St.
Due to public health and safety concerns related to COVID-19, the Zoning Board of
Appeals will not be meeting in-person. In accordance with the Governor’s Executive Order
202.1, this meeting will be held by video conferencing through the Zoom App. The public
will have an opportunity to see and hear the meeting live and provide comments.
INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet
or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on
“Join a Meeting”, and entering 944-393-1973 into the Meeting ID. You can also call in to the
Zoom meeting at +1 (929 436 2866).
0002-2020 Appeal of Chuck Schwerin, owner of 1036 East Shore Drive, Tax Parcel No.
19.-2-13, is seeking relief from Town of Ithaca Code sections 270-205(A) (Non-conforming
Structures), 270-46(C) (Yard regulations), and 270-47 (Building Area), for a proposal to build
an approximate 12 foot by 20.5 foot addition. Town of Ithaca Code section 270-205(A) does
not allow for a non-conforming structure to be altered in a way that would increase its non-
conformity, where the applicant is proposing an addition that would increase its non-
conformity. Current non-conformity is increased due to the addition of 492 square feet of
habitable area being added to the existing house, which also increases the overall volume of the
current non- conforming building of record, the proposed addition encroachment into the
required side yard setback increases by 15 feet 1 and ½ inches, and the exceedance of the 10%
maximum building area increases as the current building area is 23% and the proposed building
area is slightly under 28%”]; Town of Ithaca Code section 270- 46 (C) requires that side yard
setback from lot lines be a minimum of 20 feet, where 4 feet 10 ½ inches is proposed on the
north side of the addition and about 9 feet 11 inches is proposed on the south side of the
addition; and Town of Ithaca Code section 270-47 allows for a maximum building area of 10%
of the lot area, where the approximate building area is currently about 23% and is proposed to
increase to slightly under 28% building area. The current property is located in the Lakefront
Residential Zone.
Marty Moseley
Director of Code Enforcement
You are receiving this notice because you live within 500 feet of a property requesting a
variance from the Town Code. Comments can be made during the meeting, or in writing
via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us
All comments become part of the official record.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday, April 14, 2020 at 6:00 p.m.
215 N Tioga St.
Due to public health and safety concerns related to COVID-19, the Zoning Board of
Appeals will not be meeting in-person. In accordance with the Governor’s Executive Order
202.1, this meeting will be held by video conferencing through the Zoom App. The public
will have an opportunity to see and hear the meeting live and provide comments.
INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet
or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on
“Join a Meeting”, and entering 944-393-1973 into the Meeting ID. You can also call in to the
Zoom meeting at +1 (929 436 2866).
0003-2020 Appeal of Cornell University, owners of 275 Palm Road, Tax Parcel No. 64.-1-1,
are seeking relief from Town of Ithaca Code sections 225-3 (New buildings required to have
sprinkler systems). Town of Ithaca code section 225-3 A (8) requires sprinklers for storage
buildings exceeding 400 square feet in size, and Cornell is seeking to not install sprinklers. The
current property is located in the Planned Development Zone identified as Special Land Use
District No. 9.
Marty Moseley
Director of Code Enforcement