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HomeMy WebLinkAboutZBA Minutes 2008-04-21 FILE Zoning Board of Appeals DATE 215 North Tioga Street, Ithaca, NY 14850 Monday, April 21 , 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 Frank Rogan , Scott Abbett , Matt Vanderbrook , Rick Couture , Melissa Madden . Call to Order Chairperson Sigel called the meeting to order at 7 : 00 p . m . He welcomed everyone to the April meeting of the Town of Ithaca Zoning Board of Appeals and listed the appeals before the Board . He adjusted the order of the appeals , moving Mr. White ' s appeal to the end of the meeting . APPEAL # 1 Frank Rogan , Owner/Appellant, requesting a sign variance from the requirements of Chapter 221 , Section 221 =6 of the Code of the Town of Ithaca , to be permitted to install a 24+/- square foot freestanding "Sunset Grill " sign at Rogan 's Corner, 823 Danby Road , Town of Ithaca Tax Parcel No . 40=4-2 , Neighborhood Commercial Zone ( NC) . The sign will be located on a property that has entrances for vehicular traffic on more than one street. Per Section 221 -6 , a property with entrances for vehicular traffic on more than one street may have two freestanding signs , each not more than 50 square feet in area . However, the appellant received a sign variance from the Town of Ithaca Zoning Board of Appeals on August 10 , 1994 , to allow one 108+/= square foot freestanding sign in lieu of the two 50 square foot freestanding signs permitted . The proposed 24+/= square foot freestanding sign will therefore exceed the number of permitted freestanding signs for this property. Chairperson Sigel read the appeal of Mr. Rogan and invited him to address the Board . Frank Rogan Mr. Rogan introduced himself to the Board and explained the sign he is proposing is a convenience for customers . Customers have a hard time finding Sunset Grill and feel that it is a safety issue when drivers are trying to locate the store . Mr. Rogan stated the original proposal was for a 96 " x 48" sign , but the Planning Board asked that the sign be reduced to 16 square feet and " breakfast lunch and dinner" be Zoning Board of Appeals Minutes of April 21 , 2008 _ate- removed from the sign . The Planning Board also requested that the sign be green and white so it was the same color as the Rogan ' s Corner sign . Chairperson Sigel asked .board members if they had read through the resolution passed on August 10 , 1994 by the Zoning Board . When he read the resolution , it did not seem that the resolution restricted the applicant to only one sign . Chairperson Sigel noted that the property is allowed two freestanding ' signs by right because the property has frontage on two public roads . The Code Enforcement Officer ( CEO ) interpreted the resolution as indicating a second freestanding sign was not permitted . Mr. Ellsworth commented that other properties in the Town are permitted to have two freestanding signs . He gave the Best Western Hotel and the new Cornell office building on Pine Tree Road as examples . The board discussed the CEO' s interpretation and Chairperson Sigel recommended that the board make a motion to find that based on the applicant' s variance from 1994 that no further variance is needed for the sign . Mr. Mountin noted that the Sign Law does not specify the location of the two permitted freestanding signs . Mr. Niefer asked if the conditions from the Planning Board will be incorporated into the Zoning Board resolution . Chairperson Sigel explained that if the Zoning Board finds that the applicant does not need a variance , then the applicant did not need to go to the Planning Board in the first place . Mr. Niefer commented then the applicant would be free to do something different . Ms . Balestra pointed out that the applicant would still need to comply with the Outdoor Lighting Law. Ms : Brock asked Mr. Rogan to clarify the location of the sign . Mr. Rogan explained that the sign has been moved back 3 feet , . which brings it into compliance with setback requirements . Mr. Niefer asked if the Citgo canopy sign encroaches on the permitted square feet . The board discussed the canopy sign and it was not known if that sign had received a variance . Mr. Mountin asked how many wall signs are permitted . Chairperson Sigel explained that each building or store frontage is allowed to have a wall sign or canopy . With no further board discussion , Chairperson Sigel opened the public hearing at 7 : 13 p . m . and invited the public to address the board . There being no one wishing to speak , Chairperson Sigel closed the public hearing at 7 : 13 p . m . Chairperson Sigel noted that an environmental assessment was not needed . Mr. Rogan asked what is the maximum square allowed . Chairperson Sigel responded that Mr. Rogan is restricted to 50 square feet and is not subject to any of the conditions of the Planning Board , but he would need to comply with all aspects of the law . Page 2 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 Chairperson Sigel moved that the board finds that the resolution passed at its August 101 1994 meeting did not restrict the applicant to one freestanding sign and that two freestanding signs are permitted under the current Sign Law. Mr. Ellsworth seconded . Carried unanimously. ZB RESOLUTION NO. 2008-027: Interpretation of Chapter 221 of Town Code, Frank Rogan, 823 Danby Road, Tax Parcel No. 4. 0-4-2 Motion made by Kirk Sigel, Seconded by Harry Ellsworth. Resolved, that this Board finds that the resolution of this Board from the August 10, 1994 meeting in regard to the appeal of James C. Rogan, requesting a variance from the requirements of Section 5. 03- 1 of the Town of Ithaca Sign law, that the resolution does not restrict the applicant to only one freestanding sign and that the applicant is permitted to have two freestanding signs as part of the current Town of Ithaca Sign Law. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None . The motion was declared to be carried unanimously. Mr. Rogan asked that it be noted that his mother, Julie Rogan , co-owns the property with Jim Rogan . Ms . Brock stated it is now part of the record that Julie Rogan and Jim Rogan own the property. APPEAL #2 Cornell University, Owner/Appellant, Melissa Madden , Organic Farm Coordinator, Agent, requesting area and height variances from the requirements of Chapter 270 , Sections 270-223 and 271 - 10 . H (4) of the Town of Ithaca Code to be permitted to replace an existing 6-foot tall deer fence , located on NYS Route 366/Dryden Road , 100 yards east of the intersection of NYS Route 366/Dryden Road and Pine Tree Road , Town of Ithaca Tax Parcel No . 63- 1 - 11 , Special Land Use District No . 9 ( SLUD ) . The proposed fence will be located within the SLUD -required 75-foot setback from the right of way line of Route 366 . The proposed fence will also be 8-feet tall , where Town Code limits the height of fences within a setback to 6-feet in height. The ZBA may need to make an interpretation as to whether the height variance is necessary, based on the SLUD No. 9 language in Section 271 - 10 ( H ) (2 )( b ) regarding allowable heights of structures other than buildings . Chairperson Sigel read the appeal and invited the applicant to address the board . Melissa Madden Ms . Madden introduced herself to the board and did not have any additional comments with regard to the appeal . Page 3 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 Chairperson Sigel asked if staff they had a recommendation on whether the height variance was needed . Ms . Brock stated that her understanding is that in the past the Zoning Board ' s interpretation of the ' fence provision in the Zoning Ordinance has been as long as the fence is under 6 feet tall it can be within a required setback . If the fence is 6 feet or above , a variance is needed for the location and the height . This application would need a height and area variance . The Board and Ms . Brock discussed the fence provision in Chapter 270 and how it relates and applies to the Planned Development Zones ( PDZ ) in Chapter 271 . It was determined that the intent of the Zoning Ordinance is to govern the PDZs in Chapter 271 and all zoning districts in Chapter 270 ' Further discussion ensued regarding fence height and fences located within setback requirements . It was decided that all fences located within setback requirements need to have a variance and fences over 6 feet need to have a variance . Chairperson Sigel brought the board ' s attention back to the appeal before them and stated the fence in the appeal is within 3 . 5 feet of the right-of-way. Ms . Brock commented the new fence follows the same footprint as the existing fence . Chairperson Sigel asked if the existing fence is going to be removed and Ms . Madden replied that all posts and wires will be removed . They will also control , or clean up , the existing brush before installing the new fence . Ms . Madden added that the fence will be the same as the Cornell Orchards' fence . Chairperson Sigel noted that the fence will encroach slightly into the UNA boundary. Ms . Brock added that the PDZ requires an applicant to receive Special Approval from the Planning Board to encroach into the natural area . Mr. Walker explained that the UNA boundary was plotted onto' a map without surveying the fence line ; the intent was to follow the existing fence boundary line . Chairperson Sigel suggested that the area within the fence be restricted to organic farming . Mr. Krantz did not think his suggestion was necessary or applicable . There being no further board discussion , Chairperson Sigel opened the public hearing at 7 : 43 p . m . and invited the public to address the board . With no one wishing to speak , Chairperson Sigel closed the public hearing at 7 : 43 p . m . Chairperson Sigel stated that no issues were uncovered during the environmental review. He moved that the board make a negative determination of environmental significance for the reasons stated in Part II of the Environmental Assessment Form prepared by Town staff. Mr. Ellsworth seconded . Carried unanimously. ZB RESOLUTION NO. 2008-028 : Environmental Assessment, Cornell University, Area and Height Variance, NYS Route 366/Dryden Road, Tax Parcel No. 63. 4 - 11 Page 4 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 Motion made by Kirk Sigel, Seconded by Harry Ellsworth. Resolved, that this Board makes a negative determination of environmental significance for the reasons stated in Part II of the 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 that the Board grant the appeal Cornell University , permitting an 8 foot high fence within the 75 foot required setback with the findings that all requirements of an area variance had been met . Mr. Ellsworth seconded . Carried unanimously. ZB RESOLUTION NO. 2008-029: Area and Height Variance, Cornell University, NYS Route 366/Dryden Road, Tax Parcel No. 63. - 1 - 11 Motion made by Kirk Sigel, Seconded by Harry Ellsworth. Resolved, that this Board grants the appeal of Cornell University requesting area and height variances from the requirements of Chapter 270, Sections 270-223 and 271 - 10. h sub (4) of the Town of Ithaca Code to be permitted to replace an existing 6 foot tall deer fence located on NYS Route 366 and Dryden Road, Town of Ithaca Tax Parcel No. 63. - I - 11 , 3. - I - 11 , Special Land Use District No. 9. The proposed fence will be located within the SLUD required 75 foot setback from the right-of-way line of Route 366. The proposed fence will be 8 feet tall where the Town Code limits the height of fences within a setback to 6 feet in height, with the following findings: 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 that the applicant wishes to achieve cannot be achieved by any other feasible means given that the applicant is trying to keep deer out of an organic farm and a fence below 8 feet is not effective at keeping deer out, 2. That an undesirable change in the neighborhood will not take place given that a similar fence of 6 feet in height has been there for some time and that the nearby properties are also Cornell owned properties, 3. That while the request is substantial, it will have minimal impact on the area, Page 5 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 4. That the request will not have adverse physical or environmental effects, and 5. That the. alleged difficulty is not self-created, that the applicant is simply trying to keep deer out of the farmed area . Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None . The motion was declared to be carried unanimously. APPEAL #3 Ithaca College , Owner/Appellant, Richard J . Couture , Associate Vice- President for Facilities , Agent, requesting a height variance from the requirements of Chapter 270 , Section 270= 16 of the Town of Ithaca Code to be permitted to construct a +/= 164 foot high temporary metrological tower located approximately 1 , 900 feet north of King Road East between King Road East and . the Ithaca College Campus , Town of Ithaca Tax Parcel No . 43- 14 , Conservation Zone . The tower will be used to collect data such as wind speed , wind direction , and temperature in order to determine the feasibility of installing a future wind turbine on Ithaca College= owned lands . The Conservation Zone limits non-agricultural structures , other than buildings , to a 30-foot maximum height. Chairperson Sigel read the appeal and invited the applicant to address the board . Rick Couture and Scott Abbett Rick Couture and Scott Abbett introduced themselves to the board . Mr. Ellsworth asked how long the study would be if the appeal is approved . Mr. Couture explained that the study would be one year, June 1 , 2008 to July 1 , 2009 . If the data proves it is feasible to put a wind turbine in the area , they would need to seek approval from the Town to install the turbine . Mr. Ellsworth wondered if the Codes and Ordinances Committee is working on windmill legislation . Mr. Walker explained that the proposed windmill legislation is for small windmills—oriented toward residential scale windmills . Chairperson Sigel thought that a wind turbine proposed by Ithaca College would be treated differently than a small residential scale windmill . Ms . Brock reiterated that the board is only considering the temporary tower. Any other facilities would need to go through a complete review by the Planning Board and possibly the Zoning Board . The board should not consider any approval of the appeal to be linked to any other future approvals they may be asked to make . Chairperson Sigel asked if the applicant had anything to add . Mr. Couture added that they are seeking permission to add a metrological tower of 164 feet in height for the Page 6 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 purpose of gathering information on wind speed , temperatures and other data needed to determine whether it would be feasible to come and ask permission to put up a wind turbine in the future for Ithaca College . He offered to answer any questions . Chairman Sigel asked about the size of the pole . Mr. Abbett brought in a prototype showing the diameter and an example of an anemometer and described how it would be on the pole . The Board commended him on the completeness of his information and materials . Chairman Sigel noted that the pole in the simulated pictures submitted looked larger than the 911 tower. Mr. Abbett explained that they increased the pixel size so that one could see the pole and that the 911 tower is actually anywhere from 6-4 feet in diameter where the met tower pole is 6 inches . It was stated there would be no fence around the pole but there would be guywires . There are no steps to "climb" the ladder and no lights are required . Chairman Sigel noted that the proposal received " recommended modification" of the proposal from the County Department of Planning . He was confused how the Board could comply with all of their suggestions . He continued that if the Board were to continue to approve the application without attempting to comply with all the County' s suggestions , the approval would need a majority plus one , which meant that at least four Board Members would have to vote for the proposal . In his opinion , the County seemed concerned that this was a "first step" in possibly requesting a large wind turbine and they felt that those further steps should be addressed at this point . Chairman Sigel disagreed . He felt that if the applicant was asking for a temporary tower and not asking for any kind of approval ahead of time for a larger tower, then that was really all the Board could deal with right now. The Board agreed . The public hearing was opened at 8 : 00 p . m . There was no one wishing to address the Board on this topic. Chairman Sigel closed the public hearing at 8 : 00p . m . and returned the matter back to the Board . The Planning Department had no comment on the SEAR . There were no issues of significance at this time . Mr. Walker noted that some of the County' s comments were actually a good reason to allow the tower because the County and the Town are also looking at the potential for wind energy and that is what this temporary tower will be gathering data on . It was noted that the data collected will be public information and therefore available for the Town and County . Chairman Sigel moved to make a negative determination of environmental significance . ZB RESOLUTION NO. 2008 — 030: Environmental Assessment, Height Variance, Temporary Metrological Tower, Ithaca Col/e_ge, King Road East & Ithaca College Campus, Tax Parcel # 43. 4 -4 Motion made by Kirk Sigel, Seconded by Dave Mountin Page 7 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 Resolved that this Board makes a negative determination of environmental significance for the reasons stated in the Part 11 of the 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. ZB RESOLUTION NO. 2008 — 031 : Height Variance, Temporary Metrological Tower, Ithaca College, Kinq Road East & Ithaca College Campus, Tax Parcel # 43. - 1 -4 Motion made by Kirk Sigel, Seconded by Ron Krantz Resolved that this Board grants the appeal of Ithaca College requesting a height variance from the requirements of Chapter 270, Section 270- 16 of the Town of Ithaca Code to be permitted to construct an approximate 164 foot high temporary metrological tower located approximately 1 , 900 feet north of King Road East, between King Road East and the Ithaca College Campus, Town of Ithaca Tax Parcel No. 43. - 1 -4, Conservation Zone, with the following: Conditions: 1 . That the tower not exceed 170 feet high, and 2. That the tower be located as indicated on the plans submitted by the applicant to this Board, and 3. That all conditions from Planning Board Resolution No. 2008 — 034, with the exception of Condition A, also be conditions of this approval, and Findings: This Board does find that the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. Specifically: 1 . There will be no undesirable change to the character of the neighborhood or a detriment to nearby properties because, while this project will require the removal of a limited number of trees, there will be minimal ground disturbance needed to secure the tower, and Page 8 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 2. The benefit sought by the applicant can not be achieved by any feasible alternative and the use of a meteorological tower and anemometer is the industry standard to measure wind speed, and 3. While the requested variance is substantial, the tower is 165 feet tall where the height limit required by the Town Code is 30 feet, the use of a meteorological tower and anemometer is the industry standard to measure wind speed, and 4. There will be no adverse impact on the physical or environmental conditions in the neighborhood because, while this project will require the removal of a limited number of trees, there will be minimal ground disturbance needed to secure the tower, and 5. Further, this Board finds that the County Planning Department 's suggestions regarding a future wind turbine are not appropriate to deal with at this time because the applicant is only requesting a temporary tower, the results of which will affect the type of application they make in the future or whether, in fact, they will even make an application in the future, and 6. That the recommendation regarding the potential impacts to the South Hill Swamp UNA, this Board finds that those were adequately addressed at the Planning Board, and 7. This Board makes the finding that the visual impact of the temporary meteorological tower is very minimal, given that it is only 6 inches in diameter and that the impact of a future wind turbine tower can not be addressed at this point because we do not have the proposal before us. 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 Continuance of an appeal of Philip M . White , Jr. requesting an area variance from the requirements of Chapter 270 , Article VIII , Section 270=60 , at 106 , 107and 109 Fidler Road , 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 the lots resulted in side yard setbacks that are less than the 40-foot requirement and rear yard setbacks that are less than the 50 -foot requirement. Additional variances may be necessary . Page 9 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 This is a continuance from the last Zoning Board meeting where it was determined that additional variances would be necessary and those variances were not published in the public hearing notice . Chairman Sigel reviewed the appeal . Parcel A has a setback of 36 . 4 feet where 40 is required and a backyard setback of 27 . 9 where 50 is required . Parcel C has a side yard setback of 39 . 9 where 40 is required . Those were the deficiencies that could not be approved at the last meeting . It was noted that these deficiencies date back to the 1970 ' s and it would be hard to justify not approving them . Chairman Sigel opened the public hearing at 8 : 12p . m . There was no one wishing to address the Board at that time . Chairman Sigel closed the public hearing at 8 : 12 p . m . Chairman Sigel moved to grant the appeal . ZB RESOLUTION NO. 2008 — 032: Area Variance, Philip White, 106 & 109 Fidler Road, Tax Parcel No. 31 . -3-2. 2 Motion made by Kirk Sigel, Seconded by Harry Ellsworth. Resolved that this Board grants the appeal Philip White requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-60 of the Town of Ithaca Code to be permitted to maintain existing two-family residences with insufficient setbacks located at 106 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 subdivision approval on March 4, 2008. The subdivision of the lot resulted in side yard setbacks that are less than the 40 foot requirement and rear yard setbacks that are less than the 50 foot requirement. With the following: Conditions : 1 . That the side yard setback of Parcel C be no less than 39 feet, and 2. That the side yard setback of Parcel A be no less than 35 feet, and 3. That the rear yard setback of Parcel A be no less than 26 feet, and Findings: This Board does find that the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. Specifically: Page 10 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 1 . That the benefit that the applicant wishes to achieve can not be met by any other feasible means, which is the desire to make legal all three homes on this current lot by subdivision, and 2. That an undesirable change in the neighborhood will not take place given that these homes have existed since the 1970 's, and 3. That two of the three are not substantial. One of them is substantial, but nevertheless, the benefit to the applicant does outweigh the detriment to the health, safety and welfare of the community, and 4. That there will be no adverse physical or environmental effects given that the houses presently exist, and 5. That the alleged difficulty was not self created since building permits were issued by the Town of Ithaca in the 1970 's 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. Other Business Ron Krantz brought up the letter sent to the Board by Bernie Hutchins . The Board declined to reopen the appeal . Meeting was adjourned at 8 : 17 p . m . Kirk �S ' I , Chairman Paulette Neilsen , Deputy Town lerk Page 11 of 11 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, APRIL 21 , 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, April 21 , 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 area variances from the requirements of Chapter 270, Article VIII , Section 270- 60 of the Town of Ithaca Code, to be permitted to maintain existing two -family residences with insufficient setbacks located at 106, 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 the lots resulted in side yard setbacks that are less than the 40- foot requirement and rear yard setbacks that are less than the 50- foot requirement . Additional variances may be necessary. (g ra V1 fA APPEAL of Frank Rogan, Owner/Appellant, requesting a sign variance from the requirements of Chapter 221 , a Section 221 -6 of the Code of the Town of Ithaca, to be permitted to install a 24+/- square foot freestanding " Sunset Grill " sign at Rogan's Corner, 823 Danby Road, Town of Ithaca Tax Parcel No . 40-4-2 , Neighborhood Commercial Zone (NC) . The sign will be located on a property that has entrances for vehicular traffic on more than one street . Per Section 221 -6 , a property with entrances for vehicular traffic on more than one street may have two freestanding signs, each not more than 50 square feet in area. However, the appellant received a sign variance from the Town of Ithaca Zoning Board of Appeals on August 10, 1994, to allow one 108+/- square foot freestanding sign in lieu of the two 50 square foot freestanding signs permitted . The proposed 24+/- square foot freestanding sign will therefore exceed the number of permitted freestanding signs for this property. �� } ery�re +0.� un - V�viuhle huk YletclPc� , a S� S� F+ v?t5 �a �, � i � y S ; ns Rrm , ffed 3 APPEAL of Cornell University, Owner/Appellant , Melissa Madden, �rgantc Farm Coordinator, Agent , requesting area and height variances from the requirements of Chapter 270, Sections 270-223 and 271 - 10 . H (4) of the Town of Ithaca Code to be permitted to replace an existing 6- foot tall deer fence, located on NYS Route 366/Dryden Road, 100 yards east of the intersection of NYS Route 366/Dryden Road and Pine Tree Road, Town of Ithaca Tax Parcel No . 63 - 1 - 11 , Special Land Use District No . 9 (SLUD) . The proposed fence will be located within the SLUD-required 75 - foot setback from the right of way line of Route 366 . The proposed fence will also be 8 - feet tall, where Town Code limits the height of fences within a setback to 6- feet in height . The ZBA may need to make an interpretation as to whether the height variance is necessary, based on the SLUD No . 9 language in Section 271 - 10 (H) (2)(b) regarding allowable heights of structures other than buildings . APPEAL of Ithaca College, Owner/Appellant, Richard J. Couture, Associate Vice-President for Facilities, Agent, requesting a height variance from the requirements of Chapter 270, Section 270- 16 of the Town of Ithaca Code to be permitted to construct a +/- 164 foot high temporary metrological tower located approximately 1 , 900 feet north of King Road East between King Road East and the Ithaca College Campus, Town of Ithaca Tax Parcel No . 43 - 1 -4, Conservation Zone. The tower will be used to collect data such as wind speed, wind direction, and temperature in order to determine the feasibility of installing a future wind turbine on Ithaca College-owned lands. The Conservation Zone limits non- agricultural structures, other than buildings, to a 30- foot maximum height . CI v` 6( v► ed 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 : April 11 , 2008 Published : April 14, 2008 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 14`" day of April , 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 1 1 1 Fidler Rd Ithaca NY 14850 31 .-3-3 .2 Owens, Wendi Marie -Minor Owens, Denise M-Custodian 22 Lebanon St Hamilton NY 13346 Frank Rogan, Sunset Grill 823 Danby Rd Ithaca NY 14850 41 .4 - 11 Ithaca College 953 Danby Rd, Job Hall Ithaca NY 14850 40.-3 -3 Tompkins County IDA 620 S Aurora St Ithaca NY 14850 40. -4-2 J & J Rogan Rev Trust 14 Ladoga Park Rd Lansing NY 14882 40. -3 -5 Unity House/Cayuga County 108 South St Auburn NY 13021 63 . - 1 - 11 Madden, Melissa, CU Ag Experiment Station 147-D Plant Science Bldg Ithaca NY 14853 62 .-2- 13 .4 Stella's Realty 403 College Ave Ithaca NY 14850 63 .-2- 14 Cornell University PO Box DH Ithaca NY 14853 63 .-2-9 East Lawn Cemetery Association 934 Mitchell St Ithaca NY 14850 62 .- 1 -2 .2 1093 Group LLC 295 Main St Buffalo NY 14203 63 . - 1 -3 . 1 N Y S Dormitory Authority PO Box DH Ithaca NY 14853 63 . - 1 -2 .4 N Y S Housing Finance Age 107 Humphreys Service Bldg Ithaca NY 14853 62 . - 1 -2 . 1 Yunis Properties LLC, 214 Church St Elmira NY 14901 67 . - 1 - 10.6 People of New York State Room 132 Surge III Ithaca NY 14853 62 . -2- 13 .7 Cornell University 1020 Ellis Hollow Rd Ithaca NY 14850 62 . -2- 13 .6 TCW Associates, 63 W Groton Rd Groton NY 13073 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 43 .- 1 -4 Rick Couture, IC Physical Plant 103 Farm Rd Ithaca NY 14850 49.- 1 -29 Albrecht, Phillip 115 Troy Rd Ithaca NY 14850 44.- 1 - 154 Barr, David & Cimakasky, Linda 131 Whitetail Dr Ithaca NY 14850 42 .- 1 -9 . 34 Bell , Alan W & Janet G 209 Northview Rd W Ithaca NY 14850 42 .- 1 -9 . 312 Bell , Duncan A 213 Northview Rd W Ithaca NY 14850 44.- 1 -55 Beneria, Lourdes 391 Teton Ct Ithaca NY 14850 42 .- 1 -9 .5 Bowman, Dwight D & Linda C 396 Coddington Rd Ithaca NY 14850 50.- 1 -4 . 1 Bright, John & Beatrice 104 Troy Rd Ithaca NY 14850 42.- 1 -9 . 31 Bulatek, David E & Theresa L 205 Northview Rd Ithaca NY 14850 44 . - 1 - 145 Byron, Lee A & Leslie D 19 Marcy Ct Ithaca NY 14850 50. - 1 -4 . 5 Congdon, Robert & Barbara 118 Troy Rd Ithaca NY 14850 50.- 1 -6 .4 Cornell University PO Box DH Ithaca NY 14853 44 .- 1 - 119 Cruvellier, Mark R 402 Teton Ct Ithaca NY 14850 44.- 1 -56 Dann, Wanda E 393 Teton Ct Ithaca NY 14850 44 . - 1 -6 Deer Run Homeowners Asc 119 W Green St 2nd floor Ithaca NY 14851 50.- 1 -4 . 6 Faraday, Christopher D 122 Troy Rd Ithaca NY 14850 2 44 .- 1 - 1 1 1 Fischer, Scott & Amy 9 Purdue Dr Richboro PA 18954 44 . - 1 - 155 Foote, Robert & Sheila 129 Whitetail Dr Ithaca NY 14850 50. - 1 -4 .4 George, Rick A & Donna L 106 Troy Rd Ithaca NY 14850 42 . - 1 -9 . 313 Hall , Lloyd E & Sue Dale 217 Northview Rd W Ithaca NY 14850 50. - 1 -5 . 81 Hanrahan , John & Kayatta, Nancy 114 Rich Rd Ithaca NY 14850 50.- 1 -5 .41 Harrell , Randall C & Kim M 107 Rich Rd Ithaca NY 14850 50.- 1 -5 . 9 Hemphill , David S & Janet L 113 Rich Rd Ithaca NY 14850 42 .- 1 -9 . 38 Hilbert, Stephen & Susan 208 Northview Rd W Ithaca NY 14850 42 .- 1 -9 . 310 Howell , Barry S & Ruth 215 W Northview Rd Ithaca NY 14850 42 .- 1 -9. 11 Hungerford, Joseph & Maria 202 Northview Rd W Ithaca NY 14850 44.- 1 -5 . 2 Iacovelli , Jeffrey & Sally 136 Troy Rd Ithaca NY 14850 50.- 1 -4 . 9 Jacobson, Barry & Case, Linda 110 Troy Rd Ithaca NY 14850 50. - 1 -4 . 7 Jacobson, Nancy 112 Troy Rd Ithaca NY 14850 42 . - 1 -9 . 36 Jones, Linda & McBride, Paul 212 Northview Rd W Ithaca NY 14850 44.- 1 - 141 Just, David R & Lisa A 20 Marcy Ct Ithaca NY 14850 50.- 1 -3 Larocque, Clarence & Debell , John 367 Hayts Rd Ithaca NY 14850 42 .- 1 - 12 .2 Lesser, Wm H & Susan B 406 Coddington Rd Ithaca NY 14850 50.- 1 -5 .2 Liang, Ru Qing & Xiao Feng 115 Rich Rd Ithaca NY 14850 44 .- 1 - 117 Lipson , David & Karyl 406 Teton Ct Ithaca NY 14850 42 . - 1 -9 . 33 McGrath, Cynthia 207 Northview Rd W Ithaca NY 14850 50.- 1 -5 . 3 Merson , Anna & Peter L 123 Rich Rd Ithaca NY 14850 42 .- 1 -9 . 37 Miller, Harry C & Paula C 210 Northview Rd W Ithaca NY 14850 44 .- 1 - 114 Milner, Deborah & Macenas, John 409 Teton Ct Ithaca NY 14850 49 . - 1 -2 . 3 Mitchell , Sharon E 107 Troy Rd Ithaca NY 14850 43 . - 1 -3 .4 Monkemeyer, Evan N 123 E King Rd Ithaca NY 14850 44 . - 1 - 115 Mulvaney, Steven 410 Teton Ct Ithaca NY 14850 42 . - 1 -9 . 311 Munch, Louis R 214 Northview Rd W Ithaca NY 14850 50. - 1 -4 .32 Neumer, Marrie 102 Troy Rd Ithaca NY 14850 49 .- 1 - 1 Nichols, Martin D 610 Coddington Rd Ithaca NY 14850 44.- 1 - 120 Ninness , William & Savage-Ninness, Catherine 400 Teton Ct Ithaca NY 14850 42 .- 1 -9 . 35 Novakovic, Esther & Malden 211 Northview Rd W Ithaca NY 14850 42 . - 1 -9 . 314 Pan, An-Yi & Burlingham, Robin 216 W Northview Rd Ithaca NY 14850 49 .- 1 -28 Perialas, John A & Doris PO Box 241 Ithaca NY 14851 44.- 1 - 143 Peterson , Stephen & Elizabeth 23 Marcy Ct Ithaca NY 14850 44.- 1 - 142 Plotkin, Jonathan 22 Marcy Ct Ithaca NY 14850 50.- 1 -5 .5 Prouty, Ronald & Kathryn 512 Coddington Rd Ithaca NY 14850 44.- 1 - 118 Quan, Daniel C & Judy 404 Teton Ct Ithaca NY 14850 49 . - 1 -27 Rawlins, John P & Elsie C 127 Troy Rd Ithaca NY 14850 50. - 1 -5 .42 Reynolds, James 109 Rich Rd Ithaca NY 14850 44 . - 1 - 116 Robinson , Eric E & Margaret F 408 Teton Ct Ithaca NY 14850 50. - 1 -7 Ryan , John & Adams, Karen 126 Rich Rd Ithaca NY 14850 44 . - 1 -59 Sandvik, Juliane 386 Teton Ct Ithaca NY 14850 50.- 1 -4 . 2 Sincock, Mark A & Theresa M 108 Troy Rd Ithaca NY 14850 50.- 1 -6 . 1 Sincock, Sally E & Gerald 122 Rich Rd Ithaca NY 14850 44 .- 1 -58 Smith , Susan 397 Teton Ct Ithaca NY 14850 50. - 1 - 1 . 1 Snyder, Stephen & Emily 502 Coddington Rd Ithaca NY 14850 44 . - 1 - 113 Stamm, Michael B & Julie R 407 Teton Ct Ithaca NY 14850 50.- 1 -8 Stare, Cheryl 1 1 1 Rich Rd Ithaca NY 14850 44.- 1 - 112 Stuart, Mark & Marianne 405 Teton Ct Ithaca NY 14850 51 .- 1 - 1 Terepka, Raymond & Stewart, Nancy 509 Coddington Rd Ithaca NY 14850 44.- 1 -57 Thebaud , Lawrence & Rosalind 28863 Eagleton St Aquora Hills CA 91301 44.- 1 - 109 Tomaselli , Joseph & Mary 399 Teton Ct Ithaca NY 14850 50. - 1 -5 .6 Town of Ithaca 215 N Tioga St Ithaca NY 14850 50. - 1 -2 Wallitt, Roberta 520 Coddington Rd Ithaca NY 14850 44 . - 1 - 144 Wasyliw, Zenon V & Patricia H 21 Marcy Ct Ithaca NY 14850 44.- 1 - 153 Weiss, Joseph A & Theresa 133 Whitetail Dr Ithaca NY 14850 50.- 1 -6.2 Welch, Michael & Robin B 118 Rich Rd Ithaca NY 14850 42 .- 1 -9. 13 Wells, Jerrie & Ralph A 204 Northview Rd W Ithaca NY 14850 44.- 1 -5 . 3 Welsh , Cheryl 142 Troy Rd Ithaca NY 14850 42 .- 1 -9 . 39 Withiam, Louis & Frances 206 Northview Rd W Ithaca NY 14850 42 .- 1 -9 . 12 Wuest, Deborah A 201 Northview Rd W Ithaca NY 14850 3 44.- 1 - 110 Zeiter, Kip & Nancy 401 Teton Ct 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 . Dani L. Holfor' Sworn to before me this 14th day of April 2008 . Notary Public CARRIE WHITMORE Notary Public . State of New York No . 01 WH6052877 Tioga County Commission Expires December 26, GNU 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 April 14, 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 : April 14, 2008 Date of publication : April 14, 2008 a Dani L. Holford , 'SeniorTypis Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 14th day of April 2008 . Notary Public CARR •. E WHITMORE Notary Public . State of New York No . 0 ,1 WHo052877 Tioga County Commission Expires December 26;x,16 Monday, April 14, 20081 THE ITHACA JOURNAL TOWN OF 1THACAvariances from the require- ZONING'. BOARD OF _ 'ments - of Chapter 270,. APPEALS Sections 270-223 and NOTICE OF 271 -10'.11 (4) of the Town PUBLIC HEARINGS of Ithaca Code to be per- MONDAY mitted to replace an exist- APRIL 21 , 2008 ing 6-foot tall deer fence,. 7:00 P.M. located on NYS Route 366/Dryden Road, ' 100 ' By direction of the Chair- yards east of the intersec- man of the Zoning Board tion of NYS Route 366/ of Appeals NOTICE IS Dryden Road and Pine HEREBY GIVEN that Public Tree Road, Town of Ithaca Hearings will be held by Taxcel No: Use -1 .11 , the Zoning Board of Ap Special 9 (Land The pro- on of the Town of Ithaca sed fence will Th locat- on Monday, April 21 , Po 2008, in Town Hall, 215 ed within . the ' SLUD- North Tioga Street, Tiogo required 75-foot setback Street Entrance, Ithaca, from the right of way line NY, COMMENCING AT of Route 366. The pro- 7:00 P.M., on the follow- posed fence will also be 8- . m inatters: feet tall, where Town Code APPEAL of Philip M. limits the height of fences White, Jr., Owner/ Appel- within height. The 6may lant, requesting area var• nh9 y iances from the ' require- need to make an interpre- meuts of Chapter 270, Ar- tation as to whether the ticle VIII, Section 270-60 heiCs6cl variance is necessa- I of the Town of Ithaca . ry on the SLUD. No. Code, to be permitted to 9 nguo a in Section maintain existing two- 271 -10 ( (2)(b) regard- , family egard-, family residences with in- ing allowable . heights of sufficient setbacks located structures other than build- at 106, 107, and 109 ins. Fidler- Road, Town of Itha- APPEAL , of Ithaca Col- ca Tax Pcircel No. 31 -3- lege, Owner/Appellant, 2 .2 . Said residences were Richard J. Couture, Associ. constructed in the 1970's ate Vice-President for Fa- and were . part of one tax citifies, Agent, requesting. parcel until the property re- a height variance from the ceivedPlanning Board requirements of Chapter Subdivision Approval on 270, Section 270-16 of March 4, 2008. The . sub the Town of Ithaca Code division of the lots resulted to be permitted to construct j in side yard setbacks that a +/-164 foot high tempo- are less than the 40-foot ray metrological tower lo- requirement and rear yard cated approximately setbacks that are less than 1 ,900 feet north of King the 50-foot requirement. Road East between King Additional variances may 1 Road Easta the Ithaca of be necessary. e9Campus, APPEAL of Frank Pagan, . Ithaca Tax Parcel No. 43- Owner/Appellant, request. 1 -4 I Conservation Zone. I ing a ' sign variance from The tower will be used to I therequirements of Chap- collect data such as wind ter 221 , Section 221b of speed, wind direction, and the Code of the Town of temperature in order to de- Ithaca, to be permitted to termme the feasibility of in: install a 24+/- square foot stalling a future wind tur- freestanding ' "Sunset Grill" bine on Ithaca College- sign at Rogan's Corner, owned lands. The Con- 1 823 Danby Road, Town of servation Zone limits non- Ithaca Tax Parcel No. 40- agricultural structures, ofh- Ii 4-2, Neighborhood Com• er than buildings, to a 30- mercial Zone INC). The foot maximum height. sign will be located on a properly that has entrances Said Zoning Board of for vehicular . traffic on Appeals will at said time, more than one street. Per 7:00 p. m., and - said Section 221 .6, a property Place, hear all persons . in with entrances for vehicu,- support of such matters or Ilar traffic on more than objections thereto. Per- one street may have two sons may appear by agent freestanding signs, each or in person. Individuals not more than 50 square with visual or hearing Ifeet in area. However, the impairments or other spe- appellant received a sign tial needs, as appropriate, variance from the Town of will be provided with assis- Ithaca Zoning Board of tone, as necessary upon. Appeals on August .10, request. Persons desirin N1994, . to allow. one assistance must make such 108+/= square foot free- a request not less than 48 standing sign in lieu of the hours prior to the time of two 50 square foot free- the public hearing. standing signs permitted. Jonathan Kanter, AICP The proposed 24+/ Director of Planning square foot ' freestanding 607'273 1748 Sig n will therefore exceed Dated: April 11 , 2008 the number of permitted . Published: ' freestanding signs for this April 14, 2008 property. APPEAL of Cornell Uni- versity, Owner/Appellant, Melissa Madden, Organic Farm Coordinator, Agent, requesting area and height TOWN OF ITHACA ZONING BOARD OF APPEALS SIGN - IN SHEET DATE : April 21 , 2008 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFILIATION AAj S T � l 0� 6�a ►� �v e � � � o c,�.ed �e,Q. � 27 �J Cl Q �. ISS� �CG�Q •� ��1'1Q, Yl � UQsfS '