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HomeMy WebLinkAboutZBA Minutes 2008-03-17 FILE DATE Zoning Board of Appeals 215 North Tioga Street, Ithaca , NY 14850 Monday , March 17 , 2008 7 : 00 PM Present Board Members : Kirk Sigel , Chairman ; Harry Ellsworth , Ron Krantz , James Niefer, David Mountin , Andrew Dixon ( alternate ) . Staff Members : Carrie Coates Whitmore , First Deputy Town Clerk ; Susan Brock , Attorney for the Town ; Christine Balestra , Planner. Others Timothy Peer, Brian Wanck , George Vignaux , Frank Santelli . Call to Order Chairperson Sigel called the meeting to order at 7 : 03 p . m . He welcomed everyone to the March meeting of the Town of Ithaca Zoning Board of Appeals and listed the appeals before the Board . APPEAL # 1 Philip M . White , Jr. , Owner/Appellant , requesting variances from the requirements of Chapter 270 , Article VIII , Sections 270=60 and 270=62 of the Town of Ithaca Code , to be permitted to maintain two existing two-family residences at 107 and 109 Fidler Road , Town of Ithaca Tax Parcel No . 31 = 3-2 . 2 . Said residences were constructed in the 1970 's and were part of one tax parcel until the property received Planning Board Subdivision Approval on March 4, 2008 . The subdivision of two of the lots resulted in a side yard setback that is less than the 40-foot requirement ( Parcel B ) and a lot depth that is less than the 200-foot lot depth requirement ( Parcel C ) . Chairperson Sigel read appeal # 1 and asked if the applicant would like to address the Board . Philip White Mr. White introduced himself to the Board and gave a brief overview of his appeal . Chairperson Sigel noted that it looked as if there were more property deficiencies than advertised in the public notice . Ms . Brock agreed and listed the 3 additional deficiencies as 1 ) the side yard setback on Parcel C , 2 ) the side yard setback on Parcel A , and 3) the rear yard setback on Parcel A. She explained that when the Planning Board approved the subdivision , the new line drawn between Parcels B and C created an insufficient lot depth for Parcel C . The line also created an insufficient side yard setback on Parcel B . Ms . Brock further explained that Parcels A , B , and C used to be one parcel , but when the Zoning Ordinance was amended in 2006 it created separate lots ; if a road runs through a parcel it then creates separate lots . Zoning Board of Appeals Minutes of March 17, 2008 Approved Ms . Balestra stated when Planning staff reviewed the proposal they incorrectly determined that the setbacks were legally nonconforming . Mr. Krantz recapped that Lot A does not need a variance because the deficiency( s ) is pre- existing , Lot B needs a 6-inch variance , and Lot C has 163 feet of depth instead of 200 feet . Ms . Brock clarified that the problem is that the additional setback variances that are needed were not advertised in the public hearing notice . Chairperson Sigel stated that Parcel C was advertised for insufficient depth , but not the setback . Parcel B was advertised for the side yard setback . He asked if the decks were subject to setback requirements . It was determined that the decks were not subject to the setback requirements since they were less than 3 feet above the ground . Chairperson Sigel did not think Mr. White needed the side yard variance for Parcel B because the house is more than 40 feet from the side lot line . Ms . Brock agreed . Chairperson Sigel reviewed that the Board did not need to grant a variance for Parcel B ; Parcel C may or may not need a lot depth variance ; Parcel A cannot receive a variance at this meeting because it was not advertised in the public hearing . With no further questions or comments from board members , Chairperson Sigel opened the public hearing at 7 : 15 p . m . and asked if members of the public would like to address the Board . There being none , Chairperson Sigel closed the public hearing at 7 : 16 p . m . The application was determined to be a Type II action ; therefore , an environmental review was not needed . Chairperson Sigel moved to grant the appeal of Mr. White with the condition that the depth of Parcel C be no less than 162 feet and with the findings that the requirements for an area variance have been satisfied . He then listed each variance criteria as being specifically met . Mr. Krantz seconded the motion . ZB RESOLUTION NO. 2008-018 : Area Variance, Philip M. White, Jr. , 107 and 109 Fidler Rd, 31 . -3-2. 2 Motion made by Kirk Sigel, Seconded by Ronald Krantz. RESOLVED, that this Board grants the appeal of Philip M. White, Jr. requesting variances from the requirements of Chapter 270, Article VIII, Section 270- 62 of the Town of Ithaca Code, to be permitted to maintain an existing two-family residences at 109 Fidler Road, Town of Ithaca Tax Parcel No. 31 . -3-2. 2, the subdivision of this lot resulted in an insufficient depth for Parcel C, with the following: Condition : 1 . That the depth of Parcel C be no less than 162 feet. Page 2 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved Findings: That the requirements for an area variance have been satisfied. Specifically: 1 . That the benefit that the applicant wishes to achieve cannot be met by any other feasible means, which is the desire to make legal all 3 homes on this current lot by subdivision, 2. That an undesirable change in the neighborhood will not take place given that these homes have existed since the 1970s, 3 . That the request is not substantial being less than 40 feet out of a requirement of 200 feet, 4. That there will be no adverse physical or environmental affects given that the houses presently exist, and 5. That the alleged difficulty is not self-created since building permits were issued by the Town Ithaca in the 1970s for these houses. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. Chairperson Sigel explained to Mr. White that he would need to reappear before the Board in April to receive variances for the side yard and rear yard setback for Parcel A and the side yard setback for Parcel C . The Board determined that it would not be necessary for Mr. White to appear before them again in April ; they could vote on the remaining variances without Mr. White being present . Chairperson Sigel explained that the Board needed to re- hear the appeals from the February 25 , 2008 meeting because the public hearing notices were not published . Ms . Brock suggested that the resolutions from the February meeting be rescinded . It was her opinion that the resolutions were " abinitioit ; void from the outset because there wasn 't the adequate public notice . The discussion and comments remain part of the official record of the February 25 , 2008 minutes . Chairperson Sigel moved to rescind all resolutions passed at the February 25 , 2008 Zoning Board of Appeals meeting for the reason that the meeting was not advertised to the public . Mr. Ellsworth seconded . ZB RESOLUTION NO. 2008-019 : Rescind Resolutions of February 25, 2008 Zoning Board of Appeals Meeting Page 3 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved Motion made by Kirk Sigel, Seconded by Harry Ellsworth . RESOLVED, that this Board rescinds all resolutions passed at the February 25, 2008 Zoning Board of Appeals meeting for the reason that meeting was not advertised to the public. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. APPEAL #2 Cornell University, Owner/Appellant ; Tim Peer, Agent, requesting height variances from the requirements of Chapter 270 , Article VIII , Section 270- 59 of the Town of Ithaca Code , to be permitted to erect a transformer A-frame and lightning arrestor/light fixture mounting masts at the Maple Avenue Substation facilities located at 651 Dryden Road , Town of Ithaca Tax Parcel No . 63- 1 - 5 , Low Density Residential Zone ( LDR ) . The proposed transformer and lightning masts exceed the 30-foot maximum permitted height for structures other than buildings in the LDR Zone . The appellant may also require variances from Chapter 173 , the Town of Ithaca Outdoor Lighting Law , for the proposed floodlights on the lightning masts . Chairperson Sigel assumed everyone read the minutes from the February 25 , 2008 meeting and asked if there were any additional questions . There were none . Chairperson Sigel opened the public hearing at 7 : 28 p . m . and asked if members of the public would like to address the Board . There being none , Chairperson Sigel closed the public hearing at 7 : 28 p . m . Chairperson Sigel removed the exact motion of ZB Resolution No . 2008-013 from the February 25 , 2008 Zoning Board of Appeals meeting . Ms . Brock corrected that the motion should reference Section 270-59 and not 270-259 . Mr. Niefer seconded . ZB RESOLUTION NO. 2008-020: Height Variance, Cornell University, Maple Avenue Substation, 651 Dryden Road, Tax Parcel No. 63. - 1 -5 Motion made by Kirk Sigel, Seconded by James Niefer. RESOLVED, that this Board grants the appeal of Cornell University requesting height variances from the requirements of Chapter 270, Article Vlll, Section 270- 59 of the Town of Ithaca Code, to be permitted to erect a transformer A-frame and lightning arrestor and light fixture mounting masts at the Maple Avenue Substation facilities located at 651 Dryden Road, Town of Ithaca Tax Parcel No. 63. 4 -5, Low Density Page 4 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved Residential Zone . The proposed transformer and lightning masts exceed the 30 foot maximum permitted height for structures other than buildings in the LDR zone . With the following: Conditions: 1 . That the height of the A -frame support for the transformer not exceed 63 feet, 2. That the heights of the two new lightning arrestors and light fixture masts not exceed 46 feet, and 3. That the new light fixtures installed, as well as the existing light fixture, be the fixture specified by the applicant in their application, specifically the down blaster full cut-off light fixture . Findings: That this Board finds that the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. Specifically: 1 . That the benefit the applicant wishes to achieve cannot be met by any other means given that these utilities require certain ground clearance given the high voltage that is involved, 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that this area is already a utility substation and the expansion to it is relatively modest given all of the other infrastructure in the area, 3. That while the request is substantial in height, that this is offset by the benefits to the applicant, 4. That the request will not have adverse physical or environmental affects, and 5. That the alleged difficulty is self-created in that the applicant is installing this to meet their utility needs, but never-the-less, the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. Page 5 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved APPEAL #3 Robert and Paula Wedemeyer, Owners/Appellants ; Peter Trowbridge , Agent, requesting an interpretation , or alternately , a use variance , from the requirements of Chapter 270 , Article VI , Section 270-26 of the Town of Ithaca Code , to be permitted to construct and operate an equestrian center that includes an ancillary residential apartment within the arena of the equestrian center, located at 1458 Trumansburg Road , Town of Ithaca Tax Parcel No . 24- 1 - 19 . 12 , Agricultural Zone . The equestrian center is an allowable use in the Agricultural Zone , and received Planning Board Site Plan Approval on December 18 , 2007 . However, it is unclear whether the proposed residential use is allowed within the equestrian facility. Therefore , an interpretation is being requested as to whether ancillary residential uses are a "typical function " of an equestrian center. Otherwise a use variance is being requested to allow the residential use in the equestrian facility. The appellant also seeks a variance or interpretation from the requirements of Chapter 225 of the Town Code , to be permitted to construct the 18 , 000+/- square foot arena building ( including main arena area , 2 , 160 square foot observation area , jump storage area , bathrooms , and office ) without the installation of a Town required sprinkler system . Chairperson Sigel asked if there were any questions . Mr. Ellsworth wondered if additional information regarding the fire wall and sprinkler had been provided to the Town . Ms . Balestra responded that they told the applicant if they provided staff with information as requested before the March meeting then the Board might be able to act on the sprinkler variance , but the information had not been provided . Chairperson Sigel explained that the February resolution was an interpretation of the Code to determine that an apartment in the equestrian facility was a typical use of an equestrian facility . The Board also adjourned the requested sprinkler variance . With no further questions or comments from board members , Chairperson Sigel opened the public hearing at 7 : 33 p . m . and asked if members of the public would like to address the Board . There being none , Chairperson Sigel closed the public hearing at 7 : 33 p . m . Chairperson Sigel moved the exact text of ZB Resolution No . 2008-014 from the February 25 , 2008 Zoning Board of Appeals meeting . Mr. Ellsworth seconded . ZB RESOLUTION NO. 2008-021 : Interpretation, Robert and Paula Wedemeyer, 1458 Trumansburg Rd, Tax Parcel No. 24. - 1 - 19. 12 Motion made by Kirk Sigel, Seconded by Harry Ellsworth . RESOLVED, that this Board makes the determination that an equestrian facility, which is a permitted principal use in an Agricultural Zone, may include as an accessory use an apartment or other dwelling in addition to one- or two-family dwellings that are permitted in the Agricultural Zone, within the equestrian facility that is used for the housing of Page 6 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved person or persons whose job it is to oversee, take care of, and otherwise run and administer the equestrian facility. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. Chairperson Sigel moved the exact text of ZB Resolution No . 2008-015 from the February 25 , 2008 Zoning Board of Appeals meeting . Mr. Krantz seconded . ZB RESOLUTION NO. 2008-022: Sprinkler Variance Adiournment, Robert and Paula Wedemeyer, 1458 Trumansbur_g Rd, Tax Parcel No. 24. = 1 - 19. 12 Motion made by Kirk Sigel, Seconded by Ronald Krantz. RESOLVED, that this Board adjourns the appeal of Robert and Paula Wedemeyer in regard to the request for a sprinkler variance until the next meeting where the applicant has provided adequate information for the Town of Ithaca Code Enforcement Officer to make a recommendation regarding the sprinkler variance . Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. APPEAL #4 C . George Wiedmaier, Owner/Appellant ; Frank Santelli of T . G . Miller, Agent, requesting Special Approval per the requirements of Chapter 270 , Article XXVI , Section 270-217 , to be permitted to move in excess of 2 , 500 cubic yards of fill in the Wiedmaier Court 5- Lot Subdivision , located off Slaterville Road/NYS Route 79 , Town of Ithaca Tax Parcel No . 's 56-41 . 22 , 56-4- 1 . 23 , 56-4- 1 . 24, 56-4- 1 . 25 , and 56-4- 1 . 26 , Medium Density Residential and Conservation Zone . The appellant performed extensive earthwork and clearing of the site without obtaining Town approval and that did not conform to a previous subdivision approval of the property. The deposit, extraction or movement of more than 2 , 500 cubic yards of fill material requires a recommendation from the Planning Board and Special Approval from the Zoning Board of Appeals . The Planning Board made a recommendation regarding the proposal at their February 5 , 2008 Planning Board meeting . The proposed action includes a Stormwater Pollution Prevention Plan ( SWPPP ) and reclamation plan to stabilize and re-vegetate the site . Page 7 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved Chairperson Sigel asked if there were any questions . Mr. Niefer , referring to Feb 25th minutes , asked who was going to clean up the Burns Road culvert . Ms . Balestra reported that Mr. Walker was going to be looking into the issue of cleaning up the culvert with staff in the Engineering and Public Works Departments . Board members agreed and Ms . Balestra suggested that a condition be added to the resolution stating the Burns Road culvert is to be cleaned up . The Board continued to discuss the cleanup of the Burns Road culvert and who was responsible for the cleanup . Frank Santelli approached the Board and stated that he had not seen the culvert . He did not know if the clogged culvert was a result of the work done on the applicant' s property . Mr. Ellsworth explained that if the culvert is downstream from the property , then the property contributed to the clogging of the culvert . The removal of trees would contribute to the bank becoming unstable . He reiterated that the owner should take care of the problems that he caused . Chairperson Sigel thought it was reasonable to include a condition , but it would be hard to determine to what extent the applicant' s actions contributed to the culvert clogging . Chairperson Sigel brought up the question of who owned Burns Road . Ms . Brock was not certain which municipality owned and maintained Burns Road . The Board discussed whether or not they were comfortable with requiring an applicant to do work on public property and if the culvert was on public property. Chairperson Sigel wrapped up discussion by stating that without a clear course of action , he is inclined to defer to the Town Engineer. With no further questions or comments from board members , Chairperson Sigel opened the public hearing at 7 : 47 p . m . and asked if members of the public would like to address the Board . There being none , Chairperson Sigel closed the public hearing at 7 : 47 p . m . Chairperson Sigel moved the exact text of ZB Resolution No . 2008-016 of the February 25 , 2008 meeting of the Zoning Board of Appeals . Mr. Ellsworth seconded . ZB RESOLUTION NO. 2008-023 : Environmental Assessment, C. George Wiedmaier, Wiedmaier Court, 56. 44 . 22, 56. -4- 1 . 23. 56. -4- 1 . 24, 56. -44 . 25. 56. - 1 - 1 . 26 Motion made by Kirk Sigel, Seconded by Harry Ellsworth . RESOLVED, in regard to the appeal of George Wiedmaier, that this Board makes a negative determination of environmental significance for the reasons stated in the Part 11 Environmental Assessment Form prepared by Town staff. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . Page 8 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved The motion was declared to be carried unanimously. Mr. Krantz suggested that language be included making the approval contingent upon the culvert problem being resolved . The Board discussed Mr. Krantz' s suggested language and it was decided that the resolution would include language stating the Burns Road culvert must be cleared . Chairperson Sigel moved the text of ZB Resolution No . 2008-017 of the February 25 , 2008 meeting of the Zoning Board of Appeals with the addition of a condition 4 that the Burns Road culvert must be cleared by the applicant or the appropriate municipality. Mr. Krantz seconded . Ms . Brock suggested the resolution be amended to reflect the Town Engineer gave his opinion at the February 25 , 2008 meeting . She also corrected minor typos in the resolution . ZB RESOLUTION NO. 2008-024 : Site Restoration, C. George Wiedmaier, Wiedmaier Court, 56. 44 . 22, 56. -4- 1 . 23, 56. -44 . 24, 56. -4- 1 . 25, 56. - 1- 1 . 26 Motion made by Kirk Sigel, Seconded by Ronald Krantz. RESOLVED, that this Board grants the appeal of George Wiedmaier requesting Special Approval per the requirements of Chapter 270, Article XXVI, Section 270-217, to be permitted to move in excess of 2, 500 cubic yards of fill in the Wiedmaier Court 5-Lot Subdivision, located off Slaterville Road/NYS Route 79, Town of Ithaca Tax Parcel No. 's 56. -4- 1 . 22 through - 1 . 26, Medium Density Residential and Conservation Zone, with the following: Conditions: 1 . That the Zoning Board of Appeals imposes the same conditions as those contained in Planning Board Resolution No . 2008-013, conditions b-i, 2. That check dams and/or erosion control blankets be added to the proposed temporary diversion swa/es located on lots 1 and 2, 3. That a submission of a revised drawing C-04, the Erosion and Sedimentation Control Plan, indicating the addition of these stormwater control measures be submitted to Town Staff, and 4. That the Burns Road culvert must be cleared by the applicant or the appropriate municipality. Findings: That the requirements under 270- 217(E) have been met. Specifically: Page 9 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved 6. For the reasons stated by the Town Engineer at the February 25, 2008 Zoning Board of Appeals meeting, specifically it is the professional opinion of the Town Engineer that the Plan adequately protects the property, and surrounding properties, from significant adverse consequences of deposit and removal of sediment and that the Plan addresses drainage so that there would not be adverse drainage, erosion, or other adverse impacts, visual or other adverse impacts, and 7. For the reasons stated in the Part 11 Environmental Assessment Form prepared by Town Staff. That the conditions for approval under 270-200 are met. Specifically: 1 . That the health, safety, morals, and general welfare of the community in harmony with the general purpose of this chapter are being promoted for the reasons stated in the Part 11 Environmental Assessment Form, 2. That the proposed use will not be detrimental to the general amenity or neighborhood character in an amount sufficient to devalue a neighboring property or seriously inconvenience neighboring inhabitants for the reasons stated in the Part 11 Environment Assessment Form, 3. That natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance, and 4. Existing drainageways are not altered in a manner that adversely affects other properties for the reasons stated in the Part 11 Environmental Assessment Form and for the reasons stated in testimony by the Town Engineer at the February 25, 2008 Zoning Board of Appeals meeting. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. APPEAL #5 the Ithaca Community Childcare Center, Owner/Appellant ; Sherri Koski , Agent, requesting a variance from the requirements of Chapter 221 , Sections 221 - 6(A) ( 1 ) [a] and 221 - 6(A) ( 2 ) of the Town of Ithaca Sign Law to permit the placement of a new 7+/- foot tall , 10 +/- square foot non- illuminated freestanding sign for the Ithaca Community Childcare Center, located at 579 Warren Road , Town of Ithaca Tax Parcel No . 73- 1 - 1 .4, Medium Density Residential Zone ( MDR) . The proposed Page 10 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved sign exceeds the four square foot maximum sign area and the six foot maximum sign height permitted for regulated signs in residential districts . Chairperson Sigel asked if the Board had any questions or comments . There being none , Chairperson Sigel opened the public hearing at 7 : 56 p . m . and asked if members of the public would like to address the Board . Chairperson Sigel closed the public hearing at 7 : 56 p . m . with no members of the public wishing to address the Board . Chairperson Sigel moved ZB Resolution No . 2008-011 from the February 25 , 2008 Zoning Board of Appeals meeting . Mr. Mountin seconded . ZB RESOLUTION NO. 2008-025 : Environmental Assessment, Ithaca Community Childcare Center, 579 Warren Road, Tax Parcel No. 73. 44 . 4 Motion made by Kirk Sigel, Seconded by David Mountin . RESOLVED, that this board makes a negative determination of environmental significance in regard to the appeal of Ithaca Community Childcare Center's sign variance for the reasons stated in the Part II Environmental Assessment Form prepared by Town Staff. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. Chairperson Sigel moved ZB Resolution No . 2008-012 from the February 25 , 2008 Zoning Board of Appeals meeting . Mr. Niefer seconded . ZB RESOLUTION NO. 2008-026: Sign Variance, Ithaca Community Childcare Center, 579 Warren Road, Tax Parcel No. 73. - 14 .4 Motion made by Kirk Sigel, Seconded by James Niefer. RESOLVED, that this board grant the appeal of Ithaca Community Childcare Center requesting a variance from the requirements of Chapter 221 , Sections 221 - 6(A) ( 1)[a] and 221 - 6(A) (2) of the Town of Ithaca Sign Law to permit the placement of a new, approximately 7 feet tall, approximately 10 square foot, non-illuminated freestanding sign for the Ithaca Community Childcare Center located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73. - 1 - 1 . 4, Medium Density Residential Zone based upon the following: Conditions: 1 . That the sign not exceed 10 square feet in total area, and Page 11 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved 2. That the sign not exceed 7 feet in height as defined in the Town of Ithaca Sign Law. Findings: That this Board finds that the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. Specifically: 1 . That the benefit the applicant wishes to achieve cannot be met with any other feasible means given that the applicant does need a sign to identify their location and that this sign would appear to be the minimal size necessary to reasonably identify the property, 2. That there will not an undesirable change in the neighborhood character or to nearby properties given that a similar sign has existed here for a number of years, 3. That the request is not substantial, 4 . That the request will not have adverse physical or environmental affects, 5. That the alleged difficulty is not self-created. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. Chairperson Sigel introduced Mr. Dixon as the new ZBA alternate . The Board discussed training available for 2008 . Adjourned Chairperson Sigel adjourned the meeting at 7 : 59 p . m . dq Kirk Sigel , Chai person J Carrie Coates hitmore , First Deputy Town Clerk Page 12 of 12 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MARCH 17, 2008 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 Monday, March 17 , 2008 , in Town Hall , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY , COMMENCING AT 7 : 00 P .M . , on the following matters : APPEAL of Philip M . White, Jr. , Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VIII , Sections 270-60 and 270-62 of the Town of Ithaca Code, to be permitted to maintain two existing two-family residences at 107 and 109 Fidler Road, Town of Ithaca Tax Parcel No . 31 -3 -2 . 2 . Said residences were constructed in the 1970's and were part of one tax parcel until the property received Planning Board Subdivision Approval on March 4, 2008 . The subdivision of two of the lots resulted in a side yard setback that is less than the 40-foot requirement (Parcel B) and a lot depth that is less than the 200-foot lot depth requirement (Parcel C) . APPEAL of the Ithaca Community Childcare Center, Owner/Appellant; Sherri Koski , Agent, requesting a variance from the requirements of Chapter 221 , Sections 221 -6(A)( 1 ) [ a] and 221 -6(A)(2) of the Town of Ithaca Sign Law to permit the placement of a new 7+/- foot tall , 10+/- square foot non-illuminated freestanding sign for the Ithaca Community Childcare Center, located at 579 Warren Road , Town of Ithaca Tax Parcel No . 73 - 1 1 . 4 , Medium Density Residential Zone (MDR) . The proposed sign exceeds the four square foot maximum sign area and the six foot maximum sign height permitted for regulated signs in residential districts . APPEAL of Cornell University, Owner/Appellant ; Tim Peer, Agent, requesting height variances from the requirements of Chapter 270, Article VIII , Section 270-59 of the Town of Ithaca Code, to be permitted to erect a transformer A- frame and lightning arrestor/light fixture mounting masts at the Maple Avenue Substation facilities located at 651 Dryden Road, Town of Ithaca Tax Parcel No . 63 - 1 - 5 , Low Density Residential Zone (LDR) . The proposed transformer and lightning masts exceed the 30-foot maximum permitted height for structures other than buildings in the LDR Zone. The appellant may also require variances from Chapter 173 , the Town of Ithaca Outdoor Lighting Law, for the proposed floodlights on the lightning masts . APPEAL of Robert and Paula Wedemeyer, Owners/Appellants ; Peter Trowbridge, Agent, requesting an interpretation, or alternately, a use variance, from the requirements of Chapter 270, Article VI, Section 270-26 of the Town of Ithaca Code, to be permitted to construct and operate an equestrian center that includes an ancillary residential apartment within the arena of the equestrian center, located at 1458 Trumansburg Road, Town of Ithaca Tax Parcel No . 24- 1 - 19 . 12 , Agricultural Zone. The equestrian center is an allowable use in the Agricultural Zone, and received Planning Board Site Plan Approval on December 18 , 2007 . However, it is unclear whether the proposed residential use is allowed within the equestrian facility. Therefore, an interpretation is being requested as to whether ancillary residential uses are a "typical function" of an equestrian center. Otherwise a use variance is being requested to allow the residential use in the equestrian facility. The appellant also seeks a variance or interpretation from the requirements of Chapter 225 of the Town Code, to be permitted to construct the 18 ,000+/- square foot arena building (including main arena area, 2 , 160 square foot observation area, jump storage area, bathrooms , and office) without the installation of a Town required sprinkler system . APPEAL of C . George Wiedmaier, Owner/Appellant ; Frank Santelli of T. G . Miller, Agent, requesting Special Approval per the requirements of Chapter 270, Article XXVI, Section 270-217 , to be permitted to move in excess of 2 , 500 cubic yards of fill in the Wiedmaier Court 5 - Lot Subdivision, located off Slaterville Road/NYS Route 79 , Town of Ithaca Tax Parcel No . 's 56-4- 1 . 22 , 56-4- 1 . 233 56-4- 1 . 24, 56-4- 1 . 25 , and 56-4- 1 . 26, Medium Density Residential and Conservation Zone. The appellant performed extensive earthwork and clearing of the site without obtaining Town approval and that did not conform to a previous subdivision approval of the property. The deposit, extraction or movement of more than 2 , 500 cubic yards of fill material requires a recommendation from the Planning Board and Special Approval from the Zoning Board of Appeals. The Planning Board made a recommendation regarding the proposal at their February 5 , 2008 Planning Board meeting. The proposed action includes a Stormwater Pollution Prevention Plan ( SWPPP) and reclamation plan to stabilize and re-vegetate the site. 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. Jonathan Kanter, AICP Director of Planning 607-273 - 1747 Dated: March 7, 2008 Published : March 10 , 2008 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Dani L. Holford, being duly sworn , depose and say that I am the Town of Ithaca Building and Zoning Senior Typist, 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 the Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York, on January 28, 2008, commencing at 7 : 00 PM, as per attached. Location of sign board used for posting: Town Clerk Sign Board — 215 North Tioga Street. Date of posting: March 7, 2008 Date of publication : March 10, 2008 Dani L. Holford, Senior Typist, To i of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) U Sworn to and subscribed before me this� day of March 2008 . �j LA ll Notary Public CARRIE WHITMORE Notary Public , State of New York No . OIWH6052877 Tioga County Commission Expires December 269d Legals mitted for regulated signs in residential districts. ' r TOWN OF ITHACA I APPEAL of Cornell Uni- j ZONING BOARD OF Iversiy, Owner/Appellant; I _ APPEALS I Tim Peer, Agent, request- —APPEAL ofT_' George NOTICE OF ing height variances from I Wiedmaier, Owner/ Ap PUBLIC HEARINGS I the requirements of Chap- I MONDAY, ' ' ter 270, Article VIII, Sec- pellant; Frank Sontelli oft MARCH 17, 2008 : tion 270-59 of the Town of T.G. Miller, Agent, request- � 7:00 P.M. Ithaca Code, to bei ermit- ing Special Approval per , By direction of the Chair- ted to erect a transformer the requirements of Chap ter 270, Article XXVI, Sec- j man of the Zoning Board ; A-frame and lightning of Appeals NOTICE IS arrestor/light fixture tion 270-217, to be per HEREBY GIVEN that Public mounting masts at the Ma- mitted to move in excess of Hearings will be held byp le Avenue Substation fa- 2,500 cubic yards of fill in the Zoning Board, of Ap- cilities located at 651 Dry- '. the Wiedmaier Court 5-Lo; peals of the Town of Ithaca den Road, Town of Ithaca I Subdivision, located off- on ffon Monday, March 17, Tax Parcel No. 63-1 -5, . Slaterville Road/NYS 2008, in Town Hall, 215 Low Density Residential Route 79, Town of ,lihoca North Tioga Street, Tioga Zone (LDR). The propposed ; Tax Parcel No.'s 56-4- Street Entrance, Ithaca, transformer and lightning i 1 .22, 6-4-1 . :23, 56- NY, COMMENCING AT masts exceed the 30-foot 1 .24, 56Medi 5, and 56• 7:00 P.M., on the follow- maximum permitted height 4-1 .26, Medium Density in g matters: for structures other than i Residential and Conserva- APPEAL of Phil' M. buildings in the LDR Zone. ! tion Zone. The appellant performed extensive earth- White, Jr., Owner/ ppel- The appellant may also re- work and clearing of the lana, requesting variances quire variances ' from ' site without obtaining from the requirements of Chapter 173, the Town of g Ithaca Outdoor LightingTown approval and - that Chapter 270, Article VIII,. did not conform to a revi- Secfions 270.60 and 270- Law, for the proposed f P 62 of the Town of Ithaca floodlights on the lightning i { e sihsubdivision approval Code, to .be permitted to 'masts. property. The de. maintaintwo existing two- APPEAL 'of Robert and I posit, extraction or move- ment family residences at 107 Paula Wedemeyer, Own- cubic ards of fill material and 109 Fidler Road, ers /Appellants; Peter y Town of Ithaca Tax Parcel Trowbridge, Agent, re- requires a recommenda - hon from the Planning No. 31 -3-2.2 . Said' resi- ' questing an interpretation, 9i dentes were constructed in I for alternately, a use var- ( Board and Special Appro- i the 1970's and were part ' ionce, from the require- Ival from the Zoning Board) iof one tax parcel until the mems of Chapter 270, Ar-! of Appeals. The Planning property received Planning title VI, Section 270-26 of Board made i reche pro- I Board Subdivision Appro• the Town of Ithaca Code,l osaldation regarding the pro- ' val on March 4, 2008. ' to be permitted to construct 3008 at their February 5 I The subdivision of two of and operate an equestrian) 2008 Planning Boarc�l the lots resulted in a side center that includes an on: meeting. The proposed ac- ard setback that is less cillary residential apart' tion includes a Stormwaterl f than the 40-foot require- ment within the arena of Pollution Prevention Plan ment (Parcel B) and a lot the equestrian center, lo- (SWPPP) and reclamation) jdepth that 's less than the cated at 1458 plan to stabilize and re 112 depth tot depth require- ( Trumansburg Road, Town vegetate the site. ment (Parcel C). 1 of Ithaca Tax Parcel No. f APPEAL of the Ithaca 24- 1 - 19. 120 Agricultural) Said Zoning Board of ICommuniy Childcare Cen Zone. The equestrian cen- Apppeals will at said time II ter, Owner/Appellant; ter is an allowable use int 7:00p.m., and sair� Sherri Koski, Agent, re- the Agricultural Zone, dndl place, hear all persons in' uesting a variance from : received Planning Board support of such matters or. the requirements of Chap- Site Plan Approval on De-� objections thereto. Per- + ter 221 , Sections 221 cember 18, 2007. How- ' sons may appear by agent 61A1( 1 )fal and 221 .6(A)(2) lever, it is unclear whether or in person. 'Individuals of tf6ie town of Ithaca Sign the proposed residential with visual or hearing , Law to permit the place;) I use is allowed within the impairments or other spe- , ment of a new 7+/- foot equestrian facility. There- tial needs, as appropriate, tall, 10+/ square foots fore, an'i'n et rpretatiori •is ' will be provided with assts- non-illuminated freestand: being requested as to tante, as necessary upon in sin for the Ithaca whether ancillary residen- ' request. • Persons &sirin Community Childcare Cen! tial uses are o "typical ! assistance must make such j ter, located at 579 War) �mction" of an equestrian I a request not less than 48 ren Road, Town of Ithoca cater. Otherwise a use hours prior to the time of Tax Parcel No. 73-1 -1 .4, 1 vari�ce is being f the pubic hearing. Medium Density Resident ed to`.Ilow the resicl ia�( Jonathan Kanter, AICP Lma e (MDR). The pro use in INequestrian facili- ` Director of Planning sign exceeds the , ty. The appellant also ) 607-2731747 uare footmaximum' ) seeks a varance or inter- Dated: ea and the sixfootpretation frontthe require March 7, 2008 m sign he'pht per- Iments of Chaper�225 of Published: - --- - -- - the Town Code, 'v be per� I March 10, 2008 ! mitted to construct the 18;000+/- square foot ' , arena building (including - -' main arena area, 2, 161 !square foot observation , area, jump storage . area, , bathrooms, and; office) 1 without the installation of a , Town required sprinkler ) system. AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK) SS . : COUNTY OF TOMPKINS) Dani L. Holford, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age and resides at 3482 Potter Road, Interlaken, NY 14847 . That the 7`h day of March, 2008 , deponent served the within Notice upon : 31 .4-4 . 12 White, Philip M 348 S Applegate Rd Ithaca NY 14850 31 .4-5 Underwood, Gary Dale 108 Fidler Rd Ithaca NY 14850 33 .-3 - 2 . 2 Mancini Realty 608 Elmira Rd Ithaca NY 14850 31 .-2- 15 Zifchock, Mark & Fox C 855 Five Mile Dr Ithaca NY 14850 31 . -2- 19 Witchey, Brian & Lisa 723 Five Mile Dr Ithaca NY 14850 31 . -2- 17 Srnka Bros Investments LP 7121 Stonegate Dr Forthworth TX 76126 31 .-2- 18 Net Inc 40 Marco Ln Rochester NY 14622 31 .4-4 . 2 Orshalom, Bob 726 Five Mile Dr Ithaca NY 14850 31 .-3- 1 Elston , Roderick H & Ruth 111 Fidler Rd Ithaca NY 14850 31 .-3 -3 . 2 Owens, Wendi Marie -Minor Owens, Denise M-Custodian 22 Lebanon St Hamilton NY 13346 73 .- 1 - 1 .4 Sherri Koski, IC3 579 Warren Rd Ithaca NY 14850 Herrick, David, TG Miller 203 North Aurora St Ithaca NY 14850 73 .- 1 - 1 . 22 Cornell University PO Box DH Ithaca NY 14853 73 .- 1 - 1 . 1 Moore, Kent T & Mafalda R 9 Arrowwood Dr Ithaca NY 14850 72 .- 1 -2 . 11 Inverness Properties Co PO Box 4860 Ithaca NY 14852 73 .- 1 - 1 . 31 BOCES 555 Warren Rd Ithaca NY 14850 72 .- 1 -2 . 2 Ithaca City School Dist 400 Lake St Ithaca NY 14850 Village of Lansing 2405 North Triphammer Road Ithaca NY 14850 63 . - 1 -5 Peer, Timothy, PE 130 Humphreys Service Building Ithaca NY 14853 63 . -2-9 East Lawn Cemetery Assoc 934 Mitchell St Ithaca NY 14850 63 . -2- 10. 2 Cornell University PO Box DH Ithaca NY 14853 62 . - 1 - 1 1093 Group LLC 295 Main St Buffalo NY 14203 63 . -2-7 . 1 Ithaca Elm Maple Houses 150 W Village PI Ithaca NY 14850 63 .-2- 15 City Of Ithaca 108 E Green St Ithaca NY 14850 63 .-2-5 Mitchell, Eugenia 217 Maple Ave Ithaca NY 14850 24 . - 1 - 19 . 12 Wedemeyer, Ruff & Paula 1120 W Moonlight PI Tucson AZ 85737 Trowbridge, Peter 1001 W Seneca St, Ste 101 Ithaca NY 14850 23 .- 1 -26 Akers, Allen E &Laura A 1469 Trumansburg Rd Ithaca NY 14850 Alling, Neil 111 Woolf Ln Ithaca NY 14850 24 . - 1 -33 . 2 Alpha, Christopher G & Simmons, Carrie A 260 Hayts Rd Ithaca NY 14850 24 . - 1 - 14 . 22 Amici, Ronald & Margaret 1476 Trumansburg Rd Ithaca NY 14850 24.- 1 -42 .42 Bennett, Michael R & Nadine M 645 Sheffield Rd Ithaca NY 14850 24 .- 1 - 15 Bickford, Mark-Rev & Rhonda-Trt 1466 Trumansburg Rd Ithaca NY 14850 Boodley, Nancy 8 Lowell PI Ithaca NY 14850 24 .- 1 - 19 . 2 Bosak, Jon & Schroeder, Bethany 1448 Trumansburg Rd Ithaca NY 14850 24 .- 1 -4 . 2 Bowers, Harold C & Solena 163 Iradell Rd Ithaca NY 14850 Hillenbrand- Rosin , Sarah 1457 Trumansburg Rd Ithaca NY 14850 Fisk, Terrance & Pamela 657 Sheffield Rd - Ithaca NY. ,14850 23 . - 1 -21 Gibbs, Bardwell F & Rose E 107 Woolf Ln n r. Ithaca NY 14850 - i 24 .- 1 -20 Gombas, Zoltan M & Joan 1452 Trumansburg Rd ' Ithaca NY 14850 24 . - 1 - 13 Grover, William & Athena 1486 Trumansburg Rd Itliaca,NY.. 14850, 24 .- 1 -23 Jackman , Robert Alexander 1016 N Cayuga St Ithaca NY 14850 24 . - 1 -7 . 31 Jones, Harris K & Benedict-Jones, Michelle 135 Iradell Rd Ithaca NY 14850 24 .- 1 - 17 . 12 Joseph , Thomas R 1460 Trumansburg Rd Ithaca NY 14850 23 .4 -25 Koziel, Deborah L 1471 Trumansburg Rd Ithaca NY 14850 2 24 . - 1 - 19 . 11 Lucatelli , Anthony 1456 Trumansburg Rd Ithaca NY 14850 24 . - 1 -7 . 2 Lupo, Lorie A & Michael 123 Iradell Rd Ithaca NY 14850 24 . - 1 -8 McCutcheon , Brian & Susan 6 Windmill Rd Pittsford NJ 14534 Mignot, Lori 165 Iradell Rd Ithaca NY 14850 23 .- 1 -28 Noonan , Deborah 1453 Trumansburg Rd Ithaca NY 14850 24 . - 1 -6 Pipitsa Zaharis Trust 145 Iradell Rd Ithaca NY 14850 24. - 1 -34 . 2 Pokorney, Douglas J 282 Hayts Rd Ithaca NY 14850 24 .- 1 -3 Schaap, Richard & Trish 20 West 86th St New York NY 10024 Scott, Karen 1416 Trumansburg Rd Ithaca NY 14850 Sibley, Roger & Carole 109 Woolf Ln Ithaca NY 14850 24 . - 1 -41 .92 Suwinski, Susan J 451 Sheffield Rd Ithaca NY 14850 24 . - 1 - 12 Mildred, Taylor D 1488 Trumansburg Rd Ithaca NY 14850 24 . - 1 - 14 . 21 Torrant, Steven & Marcy 1474 Trumansburg Rd Ithaca NY 14850 24 . - 1 -42 .2 Verberg, Rolf 680 Sheffield Rd Ithaca NY 14850 24 .- 1 - 14 . 1 Vignaux, George J & Louise O 1470 Trumansburg Rd Ithaca NY 14850 23 . - 1 -7 Wheeler, Mark B & Ellen R 102 Woolf Ln Ithaca NY 14850 24 . - 1 -7 .4 Dengler, Jason & Colleen 1496 Trumansburg Rd Ithaca NY 14850 23 . - 1 -24 Zimmer, Dorothy 101 Woolf Ln Ithaca NY 14850 56.4- 1 . 22 Wiedmaier, Clare George 12419 Shelter Ln Bowie MD 20715 56. -2-9 Saatman, Raymond R & Grace A 1585 Slaterville Rd Ithaca NY 14850 56.-3- 14 . 2 Foote, Eleanor 1598 Slaterville Rd Ithaca NY 14850 56.-3 - 14 . 1 Singleton, Terry L 648 Amsterdam Ave Apt 2B New York NY 10025 56.-2-7 . 1 Benedict, Christopher A 1571 Slaterville Rd Ithaca NY 14850 56.4- 1 .3 Hamilton, James & Florini , Diane 1603 Slaterville Rd Ithaca NY 14850 56.4- 1 . 21 Somma, Victor & Marion 120 Burns Rd Ithaca NY 14850 56.-2- 11 Gillis, Alpert P & Sue Ellen 112 Burns Rd Ithaca NY 14850 56.4-2 Rightmyer, Florence & Bruce 155 Poole Rd Ithaca NY 14850 55 .- 1 - 1 City of Ithaca 108 E Green St Ithaca NY 14850 Edward C . Marx Commissioner of Planning Tompkins County Dept of Planning 121 E . Court Street Ithaca NY 14850 Mike Levy Tompkins Weekly PO Box 6404 Ithaca NY 14850 Paul Billings Cornell PDC 102 Humphreys Svc Bldg Ithaca NY 14853 By depositing same enclosed in a post-paid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York. C' LL Ah Dani L. Holford /G Sworn to before me this,,Wday of March 2008 . A Jb J1,1A Notary "Public CARRIE WHITMORE Notary Public, State of New York No . 01 WH6052877 Tioga County 7U/� Commission Expires December 26, TOWN OF ITHACA ZONING BOARD OF APPEALS SI&WIN SHEET DATE : March 17 , 2008 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION 74 2: 9 /O r