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HomeMy WebLinkAboutZBA Minutes 2020-12-08Town of Ithaca  Zoning Board of Appeals  Tuesday December 8, 2020 @ 6:00pm  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. AGENDA 0010-2020 Appeal of Susan Cosentini (New Earth Living LLC), owner of tax parcel 31.1-1- 32 (formally known as 619 Five Mile Drive), is seeking relief from Town of Ithaca Code section, 270-54 D. (Signs in Residential and Conservations Zones), for a proposal to install a sign that is larger than 6 square feet for a single sign and larger than 16 square feet for the total sign area allowed per parcel. Town of Ithaca Code section 270-54 D requires that the total aggregate sign area cannot exceed 16 square feet in area and no one sign shall be allowed to be larger than 6 square feet in area, where the current proposed sign is 56 square feet in area (4-feet x 14-feet) and exceeds to maximum size specified. The current property is located in the Medium Density Residential District. INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet or smart-phone, you can access the Zoom meeting by going to www.zoom.us and clicking on “JOIN MEETING”, and entering 944-393-1973 into Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. On the evening of 12/8/2020, at 5 minutes before 6:00pm, join in with your computer, smartphone or telephone. You will be placed on hold until the meeting starts. Questions about accessing the Zoom video conference should be emailed to ctorres@town.ithaca.ny.us or 273- 1783 ext. 2. Marty Moseley  Director of Code Enforcement  TOWN OF ITHACA ZONING BOARD OF APPEALS December 8,2020 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order(sX this meeting was held by video conferencing on the Zoom app. Minutes Present: Rob Rosen, Chair; Members Christine Jung, George Vignaux, Bill King, David Squires; Alternates David Filiberto and David Williams; Marty Mosely, Codes; Paulette Rosa, Town Clerk; Susan Brock, Attorney for the Town Mr. Rosen called the meeting to order at 6:00 p.m. Agenda Item 1 0010-2020 Appeal of Susan Cosentini (New Earth Living LLC), owner of tax parcel 31.1-1- 32 (formally known as 619 Five Mile Drive), is seeking relief from Town of Ithaca Code section, 270-54 D. (Signs in Residential and Conservations Zones), for a proposal to install a sign that is larger than 6 square feet for a single sign and larger than 16 square feet for the toted sign area allowed per parcel. Town of Ithaca Code section 270-54 D requires that the total aggregate sign area cannot exceed 16 square feet in area and no one sign shall be allowed to be larger than 6 square feet in area, where the current proposed sign is 56 square feet in area (4-feet x 14-feet) and exceeds to maximum size specified. Ms. Cosentini was present and gave an overview of the appeal. Ms. Cosentini stated that this is a temporary sign, and part of what is on the sign is her local partners and room for other tradesmen as they come on board the project. They are wonderful small business, and she wants to help them too. This is a heavily used road, and we want to let people know that we have affordable single- family homes available to maybe reduce traffic and greenhouse emissions. There will not be signage of this type after the project is complete and lighting is dark sky and lighting law complieint. Mr. Rosen turned to the Board. Mr. Squires said he went to another construction site in the City to compare, the Arisan project; because the question is what is usual or standard for construction sites. He didn't think this is unusual for a construction site sign. If this were sponsored by NYS there would be a huge sign. ZBA 2020-12-08 (filed 1/26/2021) Pg. 1 Mr.King asked if there are requirements for temporary signs. Mr.Moseley responded that there is no difference between temporary or permanent. Ms.Brock added that the old law used to differentiate between the two,but the new law scrubbed all content-based criteria or use(s)and regulates by size. Mr.Williams asked if this Board could do a time-limited variance and Ms.Brock stated that they could. Mr.King asked Ms.Cosentini why she had stated that she thought her sign was allowed. Ms.Cosentini responded that she thought the word aggregate meant she could have 6’feet for each parcel and there are 32 parcels. Mr.Rosen asked if we were to allow a temporary sign for construction ,the way the law is written,anyone could then request a temporary sign,any business,it wouldn’t have to be a project under construction. Ms.Brock state that the Board should be looking at impacts and the balancing test,not the purpose or content of the sign . Mr.Vignaux stated that the way he reads the law,she could put a small 2’x 3’foot sign on each parcel then and that would look far worse than what she has. He said it is a difficult sign to see and read as you are driving because it is perpendicular to the road.You don’t get anything information when you are driving by because of that and he did not have a problem with the sign. Mr.King asked Ms.Cosentini to what extent she thought she was relying on this sign to sell her lots? Ms.Cosentini replied that she couldn’t say she has gotten leads directly related to the sign as most seem to have come from Zillow or the internet.She said when she started this,she didn’t have the leads she has now,and just thought it is a busy road and people will see something and then look it up.She added that there is a pull off area where people could stop if they were really interested in reading the sign Ms.Cosentini said that there is an aspect of mystery regarding the site because people know something is happening,but not what,so the sign gives information about what is going on with the site and the heavy equipment. She added that if there was a house across the street,she would have thought differently,but it is a cemetery,so it seemed to her like the impact was minimal and therefore a good idea. ZBA 2020-12-08 (filed 1/26/2021)Pg.2 TOWN OF ITHACA 215 N. Tioga Street, Ithaca. N.Y. 14850 www.town. itha ca. ny. us AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I, Christopher Torres, being duly sworn, depose and state, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 30^ day of November 2020, deponent served the within Notice upon the property owners within 500 ft. of the property identified below, for an appeal for a property located at: Tax Parcel# 31.1-1-32 By depositing same enclosed in a postpaid 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, and that the attached notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on November 30th, 2020 and the notice has been duly published in the official newspaper, Ithaca Journal on December 1, 2020. , Notary Pubh BECKY L. JORDAN ' NOTARY PUBLIC-STATE OF NEW YORK No. 01JO6166361 Quallfled In Tompklns County / Mv Commission Expires April 28, 20Z-jr Christopher Torres, Administrative Assistant Sworn to before me on 2020. health iferehcing-through t>>e Zobm aKC, beld -Jby: 'video' oppqrtunity tb see arid e comments.'/ r-rAGENDA cin S into Ypu^wrir bq-pfeced 6ri-hold®riht1i^t^w'^®T®' °'"''Te'ephbne^tioris abput-accessing^the-Zobm'iij^i starts; Qiies- h.|;y_a'led;t-oJctoiT4@toiA^ 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, December 08, 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 smart-phone, 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). 0010-2020 Appeal of Susan Cosentini (New Earth Living LLC), owner of tax parcel 31.1-1-32 (formally known as 619 Five Mile Drive), is seeking relief from Town of Ithaca Code section, 270-54 D. (Signs in Residential and Conservations Zones), for a proposal to install a sign that is larger than 6 square feet for a single sign and larger than 16 square feet for the total sign area allowed per parcel. Town of Ithaca Code section 270-54 D requires that the total aggregate sign area cannot exceed 16 square feet in area and no one sign shall be allowed to be larger than 6 square feet in area, where the current proposed sign is 56 square feet in area (4-feet x 14-feet) and exceeds to maximum size specified. The current property is located in the Medium Density Residential District.