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HomeMy WebLinkAboutZBA Minutes 2009-07-20 FILE DATE ® Town of Ithaca ZONING BOARD OF APPEALS July 20 , 2009 7 : 00 p . m . Board Members Present : Kirk Sigel , Chair; Ron Krantz , David Mountin , Harry Ellsworth and Susan Mann , Alternate Excused : Jim Niefer Staff Present : Bruce W . Bates , Director of Code Enforcement , Susan Brock, Attorney for the Town , Paulette Terwilliger , Deputy Town Clerk Others : Nancy and Roger Battistella ; Peter & Ed Torchia ; Barry Kasonic ; Kui Chen , w/ Associate who interpreted ; Neighbors 1 & 2 ; Boris Simkin Chairman Sigel opened the meeting at 7 : 05 p . m , and stated the appeals would be taken in the order listed on the public hearing notice . Continuation : APPEAL of Nancy Battistella , Owner, requesting a modification of an existing use variance from the requirements of Chapter 270, Section 66 of the Town of Ithaca Code permitting land to be added to the property that is the subject of an existing use variance. " Property located at 1551 Slaterville Rd , Tax Parcel # 56.-2- 1 . 1 , ® Medium Density Residential ( MDR) Zone. Nancy and Roger Battistella appeared before the Board and offered to answer any questions the Board may have . The Board received additional financial information from the applicants . Chairman Sigel asked if the wages listed in the financial information submitted included wages to the applicants . They replied that they were not paid . There were no other questions from the Board and Chairman Sigel closed the public hearing at 7 : 12 p . m . ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 021 Environmental Assessment Use Variance Nancy Battistella , 1551 Slaterville Rd T P # 56.-2- 1 . 1 , Zoning Board of Appeals July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Ron Krantz . RESOLVED , that this Board makes a negative declaration of environmental significance in regard to the appeal of Nancy Battistella for the reasons stated in the Part II environmental assessment form completed by Town Staff . A vote on the motion resulted as follows : ZBA - Final July 20, 2009 ® AYES : Sigel , Ellsworth , Krantz , Mountin NAYS : None . Abstentions : Mann Motion was carried . ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 022 Use Variance Nancy Battistella 1551 Slaterville Rd Tax Parcel # 56 .-2-1 . 1 , Zoning Board of Appeals July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED that this Board grants the appeal of Nancy Battistella requesting a modification of an existing use variance from the requirements of Chapter 270 , Section 66 of the Town of Ithaca Code permitting land to be added to the property located at 1551 Slaterville Rd , Tax Parcel # 56 . -2- 1 . 1 , Medium Density Residential ( MDR) Zone . CONDITIONS : This variance is modifying the previous use variances to allow the addition of a parcel of land and all conditions of previous variances are still in force . ® FINDINGS : 1 . That the applicant has shown that they can not realize a reasonable return from the property as shown by competent financial evidence , specifically; the past three year' s Schedule C tax returns showing that in each of the past three years they did operate at a loss as well as a detailed profit and loss break down for the last year , again showing that the business has operated at a loss , and 2 . That the hardship is unique and does not apply to a substantial portion of the district or neighborhood given that this is the only winery in this neighborhood , and 3 . That the requested variance will not alter the essential character of the neighborhood given that the winery has been there for 20 years and in fact is a part of the character of the neighborhood at this point, and 4 . That the alleged hardship has not been self created , specifically ; that the barn that they have on the property is very close to the property line which makes it difficult to access and maintain the barn and that the addition of this small piece of land will make access to the barn easier and more practical for maintenance . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Mountin Page 2 of 10 ZBA — Final July 20 , 2009 NAYS : None Abstention : Mann Motion was carried unanimously . APPEAL of Peter Torchia , requesting an area variance from the requirements of Chapter 270 — 77(b)(2) of the Town of Ithaca Code to be allowed to exceed the maximum square footage for a second dwelling ; located at 110 King Rd W, TP# 39 .- 1 - 189 H DR Zone. Peter and Ed Torchia appeared before the Board and Ed Torchia gave a brief background on the project. The addition made the accessory apartment greater than 50% of the primary dwelling . The addition of a porch on the primary dwelling increased the square footage to greater than the accessory. The porch though , was never built due to financial hardship . Discussion followed . The Board decided that the second unit was over by 81 sqft . The Board decided this was a minor overage of approximately 10% . Chairman Sigel opened the public hearing , there was no one wishing to address the Board at this time . ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 023 Area Variance Peter Torchia 110 King Rd West TP # 39.- 1 - 18 July 20 , 2009 MOTION made by Kirk Sigel , seconded by Ron Krantz . RESOLVED that this Board grants the appeal of Peter Torchia , requesting an area variance from the requirements of Chapter 270 — 77( b) (2) of the Town of Ithaca Code to be allowed to exceed the maximum square footage for a second dwelling ; located at 110 King Rd W , TP# 39 . - 1 - 18 , HDR Zone with the following : CONDITIONS : That the second dwelling unit not exceed the 50% allowance by more than 90sgft , and FINDINGS : The benefit to the applicant does outweigh any detriment to the health safety and welfare of the community , specifically; 1 . That the benefit could be achieved by another means feasible to the applicant , which would be the addition of a small front porch , but that this presents a financial hardship for the applicant and that the variance requested is a modest variance , and Page 3 of 10 ZBA - Final July 20 , 2009 ® 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that the overall size of both units is modest and is in character with the neighborhood , and 3 . The request is not substantial , being approximately 10% in excess of the allowed square footage , and 4 . That the request will not have any adverse physical and environmental effects , and 5 . That the alleged difficulty is self-created , again , the benefit to the applicant does outweigh any detriment to the health safety and welfare to the community . A vote on the motion resulted as follows : AYES : Sigel , Krantz , Ellsworth , Mountin and Mann NAYS : None . Motion was carried unanimously. ® APPEAL of Kul Chen , requesting an interpretation of Article III Chapter 270 — 5 defining domestic animals and Special Approval from Article IX , Chapter 270 — 6 (c)( 1 )(2) to allow pigeons to be kept at 147 Whitetail Drive , TP# 44.- 1 -132, MDR Zone . Mr. Chen appeared with a friend to act as interpreter. Mr. Chen raises racing pigeons . He has 6 at this time and they are raised outside in a coop for 10 months of the year, the other 2 months they are inside the house . They fly and/or race 1 -2 times a week for approximately 2 -3 hours . The issues in front of the Board first was whether the pigeons are defined as domestic versus household animals . Depending on that interpretation , Mr. Chen could need an area variance . If the Board decided they were household pets , " . . . eat and sleep within a dwelling unit occupied by a family" that would be the only action taken , an interpretation of what the pigeons are . If the Board decided they were domestic animals , then the minimum area is 2 acres and Mr. Chen would need an area variance . The Board discussed the two definitions and their interpretation of the two . Chairman Sigel felt that since the birds were outside for 10 out of 12 months , they could not be termed household pets since that is one of the major criteria . The Board agreed . They felt that Mr . Chen may regard them as household pets and feel a strong attachment to them , like one would a cat ; but nevertheless , they were outside more than not and ® therefore did not meet the criteria . Board Member Mann pointed out that some barn Page 4 of 10 ZBA — Final July 209 2009 cats are outside most of the time , yet they are household pets and Chairman Sigel stated that they would be domestic not household animals . Discussion continued with the various definitions and vagaries of each being discussed . Given that the coop is not adjacent or attached to the house and the birds are outside for most of the year , it is unlikely that the definition of household pets fits . The Board could see them as domestic animals , but the issue then becomes the lot size . Chairman Sigel opened the public hearing . The neighbors directly adjacent spoke . They stated that they enjoyed the sight of the pigeons flying ; they were acrobatic and beautiful , but the coop is unsightly . It is 6 feet tall with another structure on top of it measuring 4 or 5 feet which is a cage and it is visible by at least 5 or 6 households in the area and it is an eyesore . They added that there was a covenant/deed restrictions attached to the sale of their house that clearly states no fowl etc . Chairman Sigel noted that the Zoning Board can not enforce community agreements . The speaker noted the document says "to be enforced by Ithaca Zoning" . He did not have a copy but stated that he would send one to Mr. Bates . They also noted that there used to be chickens ; now they are gone and there are just the pigeons . Ms . Brock asked if the pigeons were there in 2008 and they stated they were not aware of any at that time . Chairman Sigel asked about any code requirements for the coop and Mr. Bates said there are no requirements ; the requirements are by use . The speakers stated that the given dimension is smaller than what it is . It is a lot taller than 4 feet. The speakers were against domesticated animals being kept because of the outside nature of them in the neighborhood . The Board did receive other comments from neighbors via mail ; both of which were not in favor of the request . Discussion followed . The Board could see that he really enjoyed his pigeons . There were complaints though . It seems that if the lot was larger , then possibly the neighbors would be in agreement ; but the area variance , if pursued , would be excessive being only 1 /6 th the size needed . Mr. Mountin was confused because some animals he thought of as household pets may not be allowed inside ; which would make them domestic animals by Code . Chairman Sigel agreed , stating that many animals can be both but the determining factor according to Code was whether they resided inside . For example , a rabbit that stays inside would be a household pet, a rabbit in an outside hutch would be a domesticated animal . Page 5 of 10 ZBA - Final July 20, 2009 ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 024 Determination Kui Chen 147 Whitetail Drive Tax Parcel No. 44.= 1 -132 Zoning Board of Appeals July 20, 2009 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED that this Board makes the following determination regarding the appeal of Kui Chen ; that pigeons that are housed out-of-doors for approximately 11 months of the year are considered domestic animals for the purposes of the Town of Ithaca Zoning Ordinance A vote on the motion resulted as follows : AYES : Sigel , Krantz , Ellsworth , Mountin and Mann NAYS : None . Motion was carried unanimously . Chairman Sigel explained what the applicant would need for a variance application if he wanted to pursue keeping the pigeons . APPEAL of Barry Kasonic, requesting an interpretation of Article XIV Chapter 270 : 127 (k) and/or 126 allowing the storage of small construction tools and materials on site and Chapter 225 — 4( b) Sprinklers, to be allowed to not install a sprinkler at 635 Elmira Rd , TP# 35 . =1 -21 Neighborhood Commercial Zone. Board Member Harry Ellsworth recused himself from the appeal . Barry Kasonic was present to answer any questions the Board had . Mr. Bates explained the two issues before the Board . The Town Code and the State Building Code do not match . The Board needs to determine whether the use is lawful and then whether a sprinkler is needed . Mr. Bates noted that the code allows for other lawful uses that both the Planning Board and ,the Zoning Board find substantially similar as listed can be allowed . Chairman Sigel stated that he had no issue making the same finding that the Planning Board did . The Board agreed . Chairman Sigel opened the public hearing . There was no one wishing to address the Board at this time . The public hearing was closed . ADOPTED RESOLUTION ZB RESOLUTION 2009-025 Environmental Assessment Barry Kasonic 635 Elmira Rd TP# 35.=1 -21 Zoning Board of Appeals July 20, 2009 MOTION made by Kirk Sigel , Seconded by Ron Krantz . Page 6 of 10 ZBA - Final July 20 , 2009 RESOLVED that this Board makes a negative determination of environmental g significance for the reasons stated in the Part II Environmental Assessment form prepared by Town Staff . A vote on the motion resulted as follows : AYES : Sigel , Krantz , Mountin and Mann NAYS : None . Abstention : Ellsworth Motion was carried unanimously . The Board then moved on appeal to find that the use was similar . ADOPTED RESOLUTION ZB RESOLUTION 2009 — 026 Finding Barry Kasonic 635 Elmira Rd TP# 35.= 1 -21 Zoning Board of Appeals July 20, 2009 MOTION made by Kirk Sigel , Seconded by Ron Krantz . RESOLVED , that this Board makes the finding that the proposed Kasonic Builders LLC contractor' s business is substantially similar to a business , professional , administrative or governmental office , which is listed as a use permitted as of right in the Neighborhood Commercial Zone ( Section 270- 126 . 0 of the Town of Ithaca Code) , and that the proposed contractor' s business does not have greater adverse effects upon traffic , noise , air quality , parking , or any other attribute reasonably relevant than the aforesaid uses permitted as of right. The proposed contractor' s business will involve no exterior modifications to the site , has sufficient parking on site , traffic will be limited primarily to employees in the contractor' s office , and the applicant has indicated that there will be no outdoor storage of contractor' s equipment or machinery , except one 5 foot by 10 foot job trailer. A vote on the motion resulted as follows : AYES : Sigel , Krantz , Mountin and Mann NAYS : None . Abstention : Ellsworth Motion was carried unanimously . The Board then discussed the sprinkler variance . Chairman Sigel asked if the applicant had investigated the cost of a sprinkler system and he responded that as a tenant he did not want to incur that cost . The applicant stated that he was working with the Codes Department to put adequate fire separation between the offices and the rental unit. It was determined that there were two exits with a third being improved . All exits lead directly outside . Mr. Krantz asked if there were any flammable or combustibles stored . Page 7 of 10 ZBA — Final July 20 , 2009 The applicant answered that there are generators and that type of thing that would have small amounts of liquids but they would all be in the storage area , not the office section . The Board felt that with the building being one floor and low occupancy and the State not requiring a sprinkler, the request was reasonable . Mr. Bates had a question regarding the occupancy being "approximately 3" in Chairman Sigel ' s condition . Chairman Sigel pointed out that in his condition was not intending to restrict the occupancy to anything less than what is allowed by State Code . The condition was changed prior to seconding and voting . Mr. Mountin had some questions regarding flammable storage and Mr. Bates gave the Code definition and that it is an accumulative quantity . ADOPTED RESOLUTION ZB RESOLUTION 2009 — 027 Sprinkler Variance Barry Kasonic , 635 Elmira Rd , TP#35 . -1 -21 Zoning Board of Appeals July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Ron Krantz . RESOLVED , that this Board grant the appeal of Barry Kasonic , requesting a variance from Chapter 225 , Section 4( b) so that the applicant be allowed to not install a sprinkler Alk at 635 Elmira Rd , Tax Parcel 35 . - 1 -21 , Neighborhood Commercial Zone with the : Findings : 1 . That the application of the strict letter of this Chapter would create a practical difficulty or unnecessary hardship for the applicant given that the applicant is just renting the property and does not wish to invest a substantial amount of money into a sprinkler system , and 2 . That a fire separation wall that would meet the State Code requirements is a cheaper alternative for the applicant . 3 . That the omission of an approved sprinkler system for all or part of the building will not significantly jeopardize human life given that it is a one story building with two exits directly to the outside and will house a small number of people inside of it at one time . 4 . Any storage of flammable substances will be limited to what is allowed by State Code . A vote on the motion resulted as follows : AYES : Sigel , Krantz , Mountin and Mann NAYS : None . Abstention : Ellsworth Page 8 of 10 ZBA - Final July 20, 2009 Motion was carried unanimously . Y APPEAL of Boris Simkin , requesting a height variance from Article VIII Chapter 270 — 59 to be permitted to exceed the maximum height of a building to be built at 111 Southwoods Dr, TP# 6 . - 1 = 15. 38 , LDR Zone. Boris Simkin was available for questions from the Board . Before starting , Mr. Bates asked the applicant if he was now the owner of the property , and Mr. Simkin stated he was . Chairman Sigel noted that the height requested is not much higher than what is allowed and is significantly smaller compared to others that the Board has approved in this 9 development. Chairman Sigel opened the public hearing . There was no one present. The public hearing was closed . ADOPTED RESOLUTION ZB RESOLUTION 2009 — 028 Height Variance Boris Simkin 111 Southwoods Dr, TP# 6.-1 - 15 .381 1 Zoning Board of Appeals July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED , that this Board grant the appeal of Boris Simkin , requesting a height variance from Article VIII Chapter 270 — 59 to be permitted to exceed the maximum height of a building to be built at 111 Southwoods Dr , TP# 6 . - 1 - 15 . 38 , LDR Zone . Condition : That the house be no taller than 40 feet from lowest exterior grade , and Findings : 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 can not be met by any other means feasible , the applicant wishes to have a walkout basement and to not have to significantly regrade a sloped lot , and 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that other houses in the neighborhood have had similar variances , this house is in character with the neighborhood , and Page 9 of 10 ZBA — Final July 20 , 2009 3 . The request is not substantial , being only several feet over the allowed height of 36 and from the front of the house it will appear to be a compliant property , and 4 . That the request will not have any adverse physical and environmental effects , and 5 . That the alleged difficulty was self-created but nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community . A vote on the motion resulted as follows : AYES : Sigel , Krantz , Ellsworth , Mountin and Mann NAYS : None . Motion was carried unanimously . Other Business Training was discussed . Next Agenda Kirk Sigel will not be attending . Meeting adjourned at 8 : 47 p . m . Kirk tigel , Chair nan Page 10 of 10 FILE DATE ov ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 021 Environmental Assessment Use Variance Nancy Battistella 1551 Slaterville Rd Tax Parcel # 56. -2- 1 . 1 , July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Ron Krantz . RESOLVED , that this Board makes a negative declaration of environmental significance in regard to the appeal of Nancy Battistella for the reasons stated in the Part II environmental assessment form completed by Town Staff . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Mountin NAYS : None , Abstentions : Mann Motion was carried . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact co of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a re ar iting on the 20th day of July , 2009 . —' Town Clerk or Deputy Town Clerk Town of Ithaca FILE DATE g' o ADOPTED RESOLUTION ZBA RESOLUTION 2009 - 022 ® Use Variance Nancy Battistella 1551 Slaterville Rd Tax Parcel # 56 .-2- 1 . 1 , July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED that this Board grants the appeal of Nancy Battistella requesting a modification of an existing use variance from the requirements of Chapter 270 , Section 66 of the Town of Ithaca Code permitting land to be added to the property located at 1551 Slaterville Rd , Tax Parcel # 56 . -2- 1 . 1 , Medium Density Residential ( MDR ) Zone . CONDITIONS : This variance is modifying the previous use variances to allow the addition of a parcel of land and all conditions of previous variances are still in force . ® FINDINGS : 1 . That the applicant has shown that they can not realize a reasonable return from the property as shown by competent financial evidence , specifically; the past three year' s Schedule C tax returns showing that in each of the past three years they did operate at a loss as well as a detailed profit and loss break down for the last year, again showing that the business has operated at a loss , and 2 . That the hardship is unique and does not apply to a substantial portion of the district or neighborhood given that this is the only winery in this neighborhood , and 3 . That the requested variance will not alter the essential character of the neighborhood given that the winery has been there for 20 years and in fact is a part of the character of the neighborhood at this point , and 4 . That the alleged hardship has not been self created , specifically ; that the barn that they have on the property is very close to the property line which makes it difficult to access and maintain the barn and that the addition of this small piece of land will make access to the barn easier and more practical for maintenance . ® A vote on the motion resulted as follows : '�l r a -'F , v AYES : Sigel , Ellsworth , Krantz , Mountin NAYS : None . Abstention : Mann Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular eeting on the 20h day of July , 2009 . Deputy own Clerk Town of Ithaca • FILE P, DATE e ADOPTED RESOLUTION ZBA RESOLUTION 2009 - 023 Area Variance Peter Torchia 110 King Rd West TP # 39 .- 1 - 18 July 20 , 2009 MOTION made by Kirk Sigel , seconded by Ron Krantz . RESOLVED that this Board grants the appeal of Peter Torchia , requesting an area variance from the requirements of Chapter 270 — 77( b) (2 ) of the Town of Ithaca Code to be allowed to exceed the maximum square footage for a second dwelling ; located at 110 King Rd W , TP# 39 . - 1 - 18 , HDR Zone with the following : CONDITIONS : That the second dwelling unit not exceed the 50% allowance by more than 90sgft , and FINDINGS : The benefit to the applicant does outweigh any detriment to the health safety and welfare of the community , specifically ; 1 . That the benefit could be achieved by another means feasible to the . applicant , which would be the addition of a small front porch , but that this presents a financial hardship for the applicant and that the variance requested is a modest variance , and 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that the overall size of both units is modest and is in character with the neighborhood , and 3 . The request is not substantial , being approximately 10% in excess of the allowed square footage , and 4 . That the request will not have any adverse physical and environmental effects , and 5 . That the alleged difficulty is self-created , again , the benefit to the applicant does outweigh any detriment to the health safety and welfare to the community . A vote on the motion resulted as follows : Y 1 lU AYES : Sigel , Krantz , Ellsworth , Mountin and Mann NAYS : None . n w carried unanimously . Motto as ca ed .u a y STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a. gular meeting on the 20th day of July / 2009 . 7/ Deputy Town Clerk Town of Ithaca FILE X� _ DATE 0 � ADOPTED RESOLUTION ZBA RESOLUTION 2009 - 024 ® Determination Kui Chen 147 Whitetail Drive Tax Parcel No. 44 . -1 -132 Zoning Board of Appeals July 20, 2009 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED that this Board makes the following determination regarding the appeal of Kui Chen ; that pigeons that are housed out-of-doors for approximately 11 months of the year are considered domestic animals for the purposes of the Town of Ithaca Zoning Ordinance A vote on the motion resulted as follows : AYES : Sigel , Krantz , Ellsworth , Mountin and Mann NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the resolution is an exact copy of say a adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular n on t e 20 day of July , 2009 , Deputy Town Clerk Town of Ithaca FILE DATE a ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 025 Environmental Assessment Barry Kasonic 635 Elmira Rd TP# 35 .- 1 =21 Zoning Board of Appeals July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Ron Krantz . RESOLVED , that this Board makes a negative determination of environmental significance for the reasons stated in the Part II Environmental Assessment form prepared by Town Staff . A vote on the motion resulted as follows : AYES : Sigel , Krantz , Mountin and Mann NAYS : None . Abstention : Ellsworth Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the resolution is an exact copy of the me adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular rn ti n the 20th day of July , 2009 , 4'/"� Deputy Town Clerk Town of Ithaca FILE DATE 8/ ADOPTED RESOLUTION ZBA RESOLUTION 2009 - 026 Finding Barry Kasonic 635 Elmira Rd TP# 35 .- 1 -21 Zoning Board of Appeals July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Ron Krantz . RESOLVED , that this Board makes the finding that the proposed Kasonic Builders LLC contractor' s business is substantially similar to a business , professional , administrative or governmental office , which is listed as a use permitted as of right in the Neighborhood Commercial Zone ( Section 270 - 126 . 0 of the Town of Ithaca Code ) , and that the proposed contractor' s business does not have greater adverse effects upon traffic , noise , air quality , parking , or any other attribute reasonably relevant than the aforesaid uses permitted as of right. The proposed contractor' s business will involve no exterior modifications to the site , has sufficient parking on site , traffic will be limited primarily to employees in the contractor' s office , and the applicant has indicated that there will be no outdoor storage of contractor' s equipment or machinery , except one 5 foot by 10 foot job trailer. A vote on the motion resulted as follows : AYES : Sigel , Krantz , Mountin and Mann NAYS : None . Abstention : Ellsworth Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the resolution is an exact copy of the me adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular a in o the 20th day of July , 2009 , Deputy Town Clerk Town of Ithaca FILE /!�c�1 F i DATE JL06 1 7- ADOPTED RESOLUTION ZB RESOLUTION 2009 = 027 Sprinkler Variance Barry Kasonic 635 Elmira Rd , TP# 35 . -1 -21 July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Ron Krantz . RESOLVED , that this Board grant the appeal of Barry Kasonic , requesting a variance from Chapter 225 , Section 4( b) so that the applicant be allowed to not install a sprinkler at 635 Elmira Rd , Tax Parcel 35 . - 1 -21 , Neighborhood Commercial Zone with the : Findings : 1 . That the application of the strict letter of this Chapter would create a practical difficulty or unnecessary hardship for the applicant given that the applicant is just renting the property and does not wish to invest a substantial amount of money into a sprinkler system , and 2 . That a fire separation wall that would meet the State Code requirements is a cheaper alternative for the applicant . 3 . That the omission of an approved sprinkler system for all or part of the building will not significantly jeopardize human life given that it is a one story building with two exits directly to the outside and will house a small number of people inside of it at one time . 4 . Any storage of flammable substances will be limited to what is allowed by State Code . A vote on the motion resulted as follows : AYES : Sigel , Krantz , Mountin and Mann NAYS : None . Abstention : Ellsworth Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I, Paulette Terwilliger, Deputy Town Clerk of the Town o, thaca, Np,w York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of n oof�.twn of. Ithaca at a regular meeting on the 20`h day of July , 2009 . � Y Deputy Town Clerk Town of Ithaca FILE DATE a�rl ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 028 Height Variance Boris Simkin 111 Southwoods Drive TP# 60= 11 =11538511 July 20 , 2009 MOTION made by Kirk Sigel , Seconded by Harry Ellsworth . RESOLVED , that this Board grant the appeal of Boris Simkin , requesting a height variance from Article VIII Chapter 270 — 59 to be permitted to exceed the maximum height of a building to be built at 111 Southwoods Dr, TP# 6 . - 1 - 15 . 38 , LDR Zone . CONDITION : That the house be no taller than 40 feet from lowest exterior grade , and FINDINGS : 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 can not be met by any other means feasible , the applicant wishes to have a walkout basement and to not have to significantly regrade a sloped lot, and 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that other houses in the neighborhood have had similar variances , this house is in character with the neighborhood , and 3 . The request is not substantial , being only several feet over the allowed height of 36 and from the front of the house it will appear to be a compliant property , and 4 . That the request will not have any adverse physical and environmental effects , and 5 . - That the alleged difficulty was self-created but nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. A vote on the motion resulted as follows : AYES : Sigel , Krantz , Ellsworth , Mountin and Mann NAYS : None . Motion was carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the resolution is an exact copy o the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a eeting on the 20th day of July , 2009 . eputy Town Clerk Town of Ithaca Town of Ithaca Zoning Board of Appeals 215 North Tioga Street July 20, 2009 7 : 00 p. m. PLEASE SIGN - IN Please Print Clearly , Thank You Name Address Ict -tAPtiar� lf�cW16d, 6 �` TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , PauletteTerwilliger, being duly sworn , say that I a Deputy Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , JULY 20 , 2009 7 : 00 P . M . Dated : July 10 , 2009 Published : July 13 , 2009 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street ® Ithaca , NY 14850 Date of Posting : July 10 , 2009 Date of Publication : Monday , July 14 , 2009 Paulette Terwilliger Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 14th day of July , 2009 . Notary Public CARRIE WHITMORE Notary Public . State of New York No . 01 WH6052877 Tines ., (;minty Commission ✓ �c�iiioer 26, jVjais i], • �. � 050 TOWN OF ITHACA �I Torchia, requesting an t ZONING BOARD. f area variance from the re-1 OF APPEALS I quirements of Chapter) NOTICE OF 270 - 77(b)(2) of the Town PUBLIC HEARINGS of Ithaca Code to be al- MONDAY, 1 lowed to exceed the maxi. JULY 20, 2009 ' mum square footage for al 215 North Tioga second dwelling; located Street, Ithaca at 110 King Rd . W; TPN 7:00 P.M. 39.-1 - 18, HDR Zone. Continuation Appeal ' ; APPEAL of Kui Chen, of Nancy Battistella, 1549 ' • requesting an t interpreta. Slaterville Rd i tion of Article III Chapter 270 - 5 defining domestic APPEAL of Peter animals and Special Ap- proval from Article IX, Chapter 270 - 6 (c)(1)(2) to allow pigeons to be kept at 147 Whitetail Drive, TPN 44.- 1 - 132, MDR Zone. APPEAL Bary • - Kasonic, requesting an in- terpretation of Article XIV r Chapter 270: 127 (k) { and/or 126 allowing the cl storage of small construc. 1 tion tools and materials on f site andChapter 225 i 4(b) Sp inklers, to be al- lowed to not iAstall a sprinkler at 635 Elmira Rd, i TPN 35: 1 -21 Neighbor- I hood Commercial Zone. i i APPEAL of Boris -I Simkin, requesting a 1 height variance from Arti. t cle VIII Chapter 270 - 59 to be permitted to exceed the maximum height of a building to be built at 111 Southwoods' Dr, TPN 6.- 1 - 15.38. LDR Zone. !Assistance will be provid. { ed for individuals with spa- ciabneeds. upon request; requests should be made i not less than 48 hours pri- orto the public hearings. l Bruce W. Bates Director of Code Enforcement 607-273- 1783 Posted: 7/10/2009 Published: 7/13/2009 l ® Affidavit of Service by Mail State of New York) SS County of Tompkins ) I , Paulette Terwilliger, being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and is a Deputy Town Clerk for the Town of Ithaca with offices located at 215 North Tioga Street, Ithaca, NY 14850 That on the 10t day of July, 2009 , deponent served the attached notice upon the attached list of people by depositing same enclosed in a postage-paid addressed wrapper, in a post office under the exclusive care and custody of the ted States Post Office within the State of New York Paulette Terwilliger Sworn to before me this day of , 20 0% , Notary Public - - CARR ! E WHITMORE Notary Fuu ;;! ic Qtate of w =ow York ; , uniy. CommissionDecember 26, �/V torchia MAILTO MAIL] CITY STAT ZIP Auble, David 111 W King Rd Ithaca NY 14850 Cleveland, Travis & Kathy 721 Hudson St Ithaca NY 14850 Farley, Robert L 1050 Danby Rd Ithaca NY 14850 Garuda Hotels Inc . 2303 N . Triphammer Rd Ithaca NY 14850 Madden , James J 131 W King Rd Ithaca NY 14850 Manley's Mighty-Mart LLC 1249 Front St Binghamton NY 13905 McCollum , J & Thomas, L 1046 Danby Rd Ithaca NY 14850 Monkemeyer, Evan N 123 King Rd E Ithaca NY 14850 Moreland , Jill R 114 W King Rd Ithaca NY 14850 Nelson , Jack 412 Hector St, Apt 10 Ithaca NY 14850 Nelson , Jacqueline 106 King Rd W Ithaca NY 14850 Office of State Comptroller Attn: Finance Of 110 State St Albany NY 12236 ® Peter, Samuel & Ruth 1083 Danby Rd Ithaca NY 14850 Richards, David L 1058 Danby Rd Ithaca NY 14850 Salino, Joseph M & Maria C 484 Troy Rd Ithaca NY 14850 Torchia, Peter 110 W King Rd Ithaca NY 14850 Zipper, Joanne M 1874 Salt Myrtle Ln Orange Park FL 32003 Tuesday, June 30, 2009 Page I of 1 ® boris MAILTO MAIL] CITY STAT ZIP Awad, George 105 Southwoods Dr Ithaca NY 14850 Capalongo, Peter & Sandra 357 E King Rd Ithaca NY 14850 Chaplin ,Carol & Steelman , Scott 84 E Lake Rd Ithaca NY 14850 Clark, James 923 W Broad St Horseheads NY 14845 Cohen , Daniel & Dragoni, Lisa 106 Southwoods Dr Ithaca NY 14850 Egan, Kelly & Arnold , Diana 14024 Heatherstone Dr Bowie MD 20720 Emr, Scott & Michelle 108 Southwoods Dr Ithaca NY 14850 Gaur, Vishal & Shailja 103 Southwoods Dr Ithaca NY 14850 Heritage Park Townhouses 680 Ridge Rd Lansing NY 14882 Horihan , Chad 21 Saunders Rd Ithaca NY 14850 JTS Lumber Inc 185 S Main St Cortland NY 13045 Malkhasyan , Edward 126 Chelsea Dr Cortland NY 13045 Matthews, Richard & Sharon H 380 E King Rd Ithaca NY 14850 McCabe, Michael & Marcianna 301 Old Gorge Rd Rd Ithaca NY 14850 Mendelson , Steven PO Box 4483 Ithaca NY 14852 Quigley, Joseph 14 Cayuga Hill Rd Ithaca NY 14850 Riley, Michael & Allison 304 Old Gorge Rd Ithaca NY 14850 Rosen , Judith 359 E King Rd Ithaca NY 14850 Simmons, Alice V 694 Coddington Rd Ithaca NY 14850 The Nature Conservancy 195 New Karner Rd, Suite 200 Albany NY 12205 Town of Ithaca 215 N Tioga St Ithaca NY 14850 Vaughan , Leigh Ann Luginsland , John 118 Southwoods Dr Ithaca NY 14850 Welch , Brian & Croker, Cheryl 112 Southwoods Dr Ithaca NY 14850 Wilkinson , Janet 361 E King Rd Ithaca NY 14850 Zhankov, Viktor 18 Hunter Ln Ithaca NY 14850 Tuesday, June 30, 2009 Page I of I kasonic MAILTO MAIL] CITY STAT ZIP Cortright, Hazel S 653 Elmira Rd Ithaca NY 14850 Dieter, Karen K 631 Elmira Rd Ithaca NY 14850 Eddy Hill Inc 16 E Enfield Center Rd Ithaca NY 14851 Fisher Cemetery Attn : Bernard Van Orman 1504 Elmira Rd Newfield NY 14867 JAMNA Hospitality Inc 654 Elmira Rd Ithaca NY 14850 Mancini Realty 608 Elmira Rd Ithaca NY 14850 McGuire, Thomas & Mary 247 Piper Rd Newfield NY 14867 Salino, Joseph F & Jeanne M 459 Troy Rd Ithaca NY 14850 Shindo, Mami & Johnson , Jared PO Box 352 Ithaca NY 14851 Veteran Vol Firemen's Assoc 638 Elmira Rd Ithaca NY 14850874 41rx+ -R .:3 .se,=. srr_..�s- �..:: ' _..-..�...»r" _i_� i,.a"a'..�:,<•ea+nmus:;- ,. Tuesday, June 30, 2009 Page 1 of 1 chen2 MAILTO MAIL] CITY STAT ZIP Bertoia, Roberto & Lynn M 143 Whitetail Dr Ithaca NY 14850 Chen , Kui & Zheng, Jinmei 147 Whitetail Dr Ithaca NY 14850 Driscoll , Jennifer S & Daniel 14 Saunders Rd Ithaca NY 14850 Exposite, Ernest C/O Exposite, Michele 873 Coddington Rd Ithaca NY 14850 Francis Family Trust 155 Whitetail Dr Ithaca NY 14850 Garcia, David Hastings, Victoria 153 Whitetail Dr Ithaca NY 14850 Gerding, William & Andrea 146 Whitetail Dr Ithaca NY 14850 Heritage Park Townhouses 680 Ridge Rd Lansing NY 14882 Hodges, Kenneth & Kristine 16 Saunders Rd Ithaca NY 14850 Hsu , Tony Hsin-Tao Ching-Chi Fang, Jenny 152 Whitetail Dr Ithaca NY 14850 Iles , David & Amy 148 Whitetail Dr Ithaca NY 14850 Lucarelli , C & Arellano, M 145 Whitetail Dr Ithaca NY 14850 Massicci, Michael & Jolie 12 Saunders Rd Ithaca NY 14850 Massicci, Peter & Nancy 18 Saunders Rd Ithaca NY 14850 McCullough , Laura F 149 Whitetail Dr Ithaca NY 14850 Molinari , F & Barseghyan , L 154 Whitetail Dr Ithaca NY 14850 Muscente, Paul & Maria 20 Saunders Rd Ithaca NY 14850 Petrillose, William J Jr 22 Saunders Rd Ithaca NY 14850 Romantic, Thomas & Penny L 10 Marcy Ct Ithaca NY 14850 Rosenthal , Edward & Mindy S 150 Whitetail Dr Ithaca NY 14850 Thompson , Mark & Bethany 144 Whitetail Dr Ithaca NY 14850 Welton-Lair, Walter & Lisa 141 Whitetail Dr Ithaca NY 14850 Wise, Frank W 142 Whitetail Dr Ithaca NY 14850 Wednesday, July 08, 2009 Page I of I