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HomeMy WebLinkAboutZBA Minutes 2009-08-17 ® TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, August 17 , 2009 215 North Tioga Street, Ithaca 7 : 00 P. M . Continuation APPEAL of Kui Chen , requesting an Area Variance from Chapter 270 -69 ( C ) 1 &21 "Accessory Buildings" , to allow domestic animals to be kept at 147 Whitetail Drive , TP# 44 . - 1 - 132 , Medium Density Residential Zone ( MDR) . APPEAL of Community Gardens , Town of Ithaca , requesting a variance from Chapter 221 -4 (A) (2) "Signs" to be allowed to erect an off- premises sign to be placed at the Community Gardens entrance located at Lindermann Creek, TP # 27 . - 1 - 13 . 121 , Medium Density Residential Zone ( MDR) . APPEAL of EAC Montessori School , requesting an Area Variance from Chapter 270-54 , " Permitted Principal Uses" and Chapter 270-60 , "Yard Regulations" , and Chapter 270- 62 " Lot Size" , to allow the placement of a storage shed located at 120 East King Rd , TP# ' s 43 . - 1 -3 . 21 , Low Density Residential Zone ( LDR) . APPEAL Colleen Donovan Appellant, George R . Frantz , Agent; requesting an area variance from the requirements of Chapter 270 , Section 270-62 ( B ) (C ) ( D ) of the Town of Ithaca Code permitting the construction of a 1 or 2-family house with less than the minimum road frontage . Town of Ithaca Tax Parcel #40 . - 1 - 1 , Low Density Residential Zone ( LDR) . APPEAL of William Burbank, requesting an Area Variance from Chapter 270 — 82 ( E) , "Yard Regulations" to allow the placement of a shed in the side yard at 132 Glenside Rd , TP# 30 . - 1 -9 , High Density Residential Zone ( HDR) . Assistance will be provided for individuals with special needs , upon request ; requests should be made not less than 48 hours prior to the public hearings . Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : 8/6/2009 Published : 8/ 10/2009 ® 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 , August 17 , 2009 7 : 00 P . M . Date of Publication : Monday , August 10 , 2009 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street ® Ithaca , NY 4850 Date of Posting : August 10 , 2009 r/. 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 12th day. of Aug st , 2009 . Notary Publi ,r. KAREN M. BILLINGS t�1 Notary Public, State of New York �I No. 01 B 16179590 Qualified in Tompkins County Commission Expires December 24, 2011 it ithacajournal.com I Monday, August 10, 2009 ® TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, August 17 , 2009 Zo NG BOARDWN OF COF 215 North Tioga Street, IthacaAPPEALS NOTICE OF PUBLIC HEARINGS 7 : 00 P. M . MONDAY, August 17, 2009 215 North Tioga Continuation APPEAL of Kui Chen , requesting an Area Variance from Chap st�00P.M. (C ) 1 &2 , "Accessory Buildings" , to allow domestic animals to be kept at 147 KuContinuation requesting Lof an Drive TP# 44 . - 1 - 132e Medium Density Residential Zone ( MDR) . Area Variance from Chap.ter 270-69 (C) 1 &2, 'Ac- cessory Buildings', to al. j low domestic animals to be kept at 147 Whitetail .I Drive, TP# 44.- 1 - 132, Me- APPEAL of Community Gardens , Town of Ithaca , requesting a variance fror Zo e (MDR Residential I 221 -4(A ) (2) "Signs" to be allowed to erect an off- premises sign to be placed Gardens,APPEAL owCommunity Ithaca Community Gardens entrance located at Lindermann Creek , TP # 27 . - 1 - 13 .!, Chapterngava22;4=2) Medium Density Residential Zone ( MDR) . Signs' to be allowed to erect an off-premises sign j to be placed at the Com- muniry Gardens entrance i located at Lindermann Creek, TP # 27.-1 -13. 121 , APPEAL of EAC Montessori School , requesting an Area Variance from Cha! Medium ediu Density Residen- " Permitted Principal Uses" and Chapter 270 -60 , "Yard Regulations" , and Ch% APPEAL of EAC Montessori School, re. 62 " Lot Size" , to allow the placement of a storage shed located at 120 East F questing an Area Variance i from Chapter 270-54, TP#' s 43 . - 1 -3 . 21 , Low Density Residential Zone ( LDR) . 1 $Permitted Principal Uses' sand Chapter 270-60. i 'Yard Regulations', and Chapter 270.62 'Lot Size', to allow the place- I merit of a storage shed 10 APPEAL Colleen Donovan Appellant , George R . Frantz , Agent ; requesting a caeTP#ts 12 "East King 1 Low { variance from the requirements of Chapter 270 , Section 270-62 ( B ) (C ) ( D ) of 1 Density Residential Zone ' of Ithaca Code permitting the construction of a 1 or 2 -family house with less "APPEAL Colleen Dono- minimum road frontage . Town of Ithaca Tax Parcel #40 . - 1 - 1 , Low Density RF Appellant, George R. Agent; requesting Zone ( LDR ) . an area variance from the requirements of Chapter I 270, Section— - 270-62 (B)(C)(D) of the Town of 1 Ithaca Code permitting the i construction of a 1 or 2- APPEAL of William Burbank , requesting an Area Variance from Chapter 27& tha�" the°°mini u'm road "Yard Regulations" to allow the placement of a shed in the side yard at 132 ( frontage. ax PacelT#40..- 1f1 ,LOW Rd , TP# 30 . - 1 -9 , High Density Residential Zone ( HDR) . Density Residential Zone (LDR). APPEAL of William Bur- bank, requesting an Area Assistance will be provided for individuals with special needs , upon request ; 1270 - 82 (E). Yard Regur should be made not' less than 48 hours prior to the public hearings . lations' to allow the placement of a shed in the side yard at 132 Glenside I Rd, TP# 30.-1 -9, High Density Residential Zone Bruce W . Bates (HDR). Director of Code Enfori Assistance will be pro- vided for individuals with 607-273- 1783 special needs. upon re- quest; requests should be made not less than 48 hours prior to the public hearings. Bruce W. Bates Director of Code Enforce- Dated : 8/6/2009 ment Published : 8/ 10/2009 607-273-1783 ® Dated: 8/6/200 ( Published: 8/10/2009/ . � 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 , August 17 , 2009 7 : 00 P . M . Date of Publication : Monday, August 10 , 2009 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 4850 Date of Posting : August 10 , 2009 t ` 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 12th day. of Aug st, 2009 . Notary Publi KAREN M, BILLINGS Notary Public, State of New York No, 01B16179590 Qualified in Tompkins County Commission Expires December 24, 2011 ® 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 who' s professional address is 215 N . Tioga St , Ithaca , NY . That the 12th of August , 2009 , deponent served the within Notice upon the attached list 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 S e of New York . Paulette Terwilliger Sw rn to before me this 12th day of August 2009 . Notary Public KAREN M , 13ILLINCS Notary Public, 'State of New York No. 01B16179590 Qualified in Tompkins County Commission Expires December 24, 2011 ® TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, August 17, 2009 215 North Tioga Street, Ithaca 7 : 00 P. M . Continuation APPEAL of Kui Chen , requesting an Area Variance from Chapter 270-69 (C ) 1 &2 , "Accessory Buildings" , to allow domestic animals to be kept at 147 Whitetail Drive , TP# 44 . - 1 - 132 , Medium Density Residential Zone ( MDR) . APPEAL of Community Gardens , Town of Ithaca , requesting a variance from Chapter 221 -4(A) (2) "Signs" to be allowed to erect an off-premises sign to be placed at the Community Gardens entrance located at Lindermann Creek, TP # 27 . - 1 - 13 . 121 , Medium Density Residential Zone ( MDR) . APPEAL of EAC Montessori School , requesting an Area Variance from Chapter 270-54 , " Permitted Principal Uses" and Chapter 270-60 , "Yard Regulations" , and Chapter 270- 62 " Lot Size" , to allow the placement of a storage shed located at 120 East King Rd , TP#' s 43 . - 1 -3 . 21 , Low Density Residential Zone ( LDR) . APPEAL Colleen Donovan Appellant, George R . Frantz , Agent; requesting an area variance from the requirements of Chapter 270 , Section 270-62 ( B) (C) ( D) of the Town of Ithaca Code permitting the construction of a 1 or 2-family house with less than the minimum road frontage . Town of Ithaca Tax Parcel #40 . - 1 - 1 , Low Density Residential Zone ( LDR ) . APPEAL of William Burbank, requesting an Area Variance from Chapter 270 — 82 ( E) , "Yard Regulations" to allow the placement of a shed in the side yard at 132 Glenside Rd , TP# 30 . - 1 -9 , High Density Residential Zone ( HDR) . Assistance will be provided for individuals with special needs , upon request; requests should be made not less than 48 hours prior to the public hearings . Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : 8/6/2009 Published : 8/ 10/2009 Montessori School Leslie & Karen Black Robert Chamberlain Jr. Jacob Crawford 107 Kings Way 70 Gunderman Rd I 1 1 Kings Way Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Mark & Wendy Fonder Sherri Gross Manley ' s Mighty- Mart , LLC 126 King Road East 113 Kings Way 1249 Front Street Ithaca, NY 14850 Ithaca, NY 14850 Binghamton , NY 13905 Evan Monkemeyer Samuel & Ruth Peter Eric Schneider 123 King Road East 1083 Danby Road 124 King Road East Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Donna Updike Montessori School of Ithaca Kimberly Michaels 130 King Road East * LLP Ithaca, NY 14850 't _ _ ., . . , Suite 101 Ithaca, NY 14850 Ithaca, NY 14850 `Community Gardens Sign ! iG . _ _ l .r :f V - fit, . ': .•i�11111 ) ,.fll' . 7 ? IOil, Conifer Coni e Conifer Village Ithaca HDFC fcr Realty LLC �' Steven & Gail Felker 1h c/o Ithaca Senior Living LLC 183 E . Main Street , 6 Floor 212 Campbell Avenue Rochester, NY 14604 183 E . Main Street z Rochester, NY 14604 Ithaca, NY 14850 fr Wilhelm & Janet Hansen Heather & Clifford Lardin Linderman Creek Associates , LP 1013 Hector Street 1220 Mecklenburg Road 183 E . Main Street , 6`h Floor Ithaca , NY 14850 Ithaca, NY 14850 Rochester, NY 14604 Linderman Creek Apartments Attn : Monica Pritchard Richard & Mary Louise Perry John Rancich 201 Cypress Court 107 Bundy Road P . O . Box 547 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14851 Carl & Marilyn Sgrecci Ray Teitelbaum Marta Weiner 1 130 Trumansburg Road 110 Hampton Road 1021 Hector Street Othaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 W . Burbank Aneshansley, Daniel J & Janet Attygalle , Athula B & Yamakawa, Miho Brenner, Claudia T 8 Glenside Rd 1000 Hudson St, Apt 403 133 Glenside Rd aca, NY 14850 Hoboken , NJ 070306819 Ithaca, NY 14850 Burbank , William N & Stewart, Eloise Cook, Alfred P & Contance Dininny, Harold & Margaret 132 Glenside Rd 209 Coy Glen Rd 123 Glenside Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Green , Stanley R McClane , Kenneth A & Woods , Park, Dorothy & Robert 720 Elm St Rochelle 8711 Hills Dell Dr Ithaca, NY 14850 114 Glenside Rd Concord , NC 28027 Ithaca, NY 14850 Ruddy, David W Sweet, Stephen & Jai Sweet, Stephen & Jai 124 Glenside Rd 115 Glenside Rd 115 Glenside Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Turco, Betty J Werner, Marcella Wetmore, Joseph 200 Glenside Rd 117 Coy Glen Rd 128 Glenside Rd 10a ca. NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Young, John & Barnett, Susan 410 Triphammer Rd Ithaca, NY 14850 G . Frantz Chutintaranond , Sanit & Nuja Gates , Reeder D & Sally S Hsiao, Vivian 2237 N Triphammer Rd 2233 N Triphammer Rd 118 Randolph Rd Ithaca , NY 14850 Ithaca , NY 14850 Ithaca , NY 14850 Kendal at Ithaca Inc Lewis , Kristin A Matusiewicz, Daniel & Anna 2230 N Triphammer Rd 114 Randolph Rd 116 Randolph Rd Ithaca , NY 14850 Ithaca , NY 14850 Ithaca , NY 14850 nam , Kendall C & Brenda M Smith , Blanche M Wivell , Helen Randolph Rd 2231 N Triphammer Rd 2235 North Triphammer Rd Ithaca , NY 14850 Ithaca , NY 14850 Ithaca , NY 14850 TOWN OF ITHACA ZONING BOARD OF APPEALS SIGN - IN SHEET DATE : August 17 , 2009 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION Kl✓►1!�er I1�IC�la S Ti�U�lvid 6 � I o f k ao + rx a, s4 ' foriN �� acct Le isoefno k&12, -4 er . n r I e T } Joe Ict C ck FILE DATE 4412 ® TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, August 17, 2009 215 North Tioga Street, Ithaca 7 : 00 P . M . Board Members Present : Harry Ellsworth , Acting Chair; Ron Krantz , James Niefer, David Mountin and Susan Mann . Staff Present: Bruce Bates , Director of Code Enforcement, Susan Brock, Attorney for the Town and Paulette Terwilliger, Deputy Town Clerk Board Member Ellsworth , as Acting Chair, accepted the affidavit of posting and publication for the public hearings and announced the names of the five appeals on the agenda for the evening . Continuation-- APPEAL of Kui Chen , requesting an Area Variance from Chapter 270=69 (C) 1 &2 , " Accessory Buildings" , to allow domestic animals to be kept at 147 Whitetail Drive, TP# 44.- 1 - 132, Medium Density Residential Zone ( MDR) . Board Member Ellsworth asked if Mr. Chen were present. He was not but a member of the audience was present interested in the appeal . She asked what it meant to the ® appeal if he did not show . Board Member Ellsworth stated that they were aware of the continuation from the previous meeting and the Board left the appeal open in case Mr. Chen arrived . APPEAL of William Burbank, requesting an Area Variance from Chapter 270 now 82 ( E), "Yard Regulations" to allow the placement of a shed in the side yard at 132 Glenside Rd , TP# 30.= 1 -9 , High Density Residential Zone ( HDR) . Will Burbank was available for questions and gave a brief description of his appeal . He wants a shed to store garden equipment and such . His house has no garage and he wants to put it in the side yard because that happens to be the side that is the least visible . He had spoken to his neighbor on that side and she was fine with it , adding that she had not been able to see the tools and equipment currently being stored in the same spot under a tarp . He added that he was looking for something modest and had listed 10 X 10 but will probably be going smaller yet. No electricity will be run . Discussion followed with Board Members asking about the size , material , and placement of the shed . The Board was concerned that the submitted plot plan did not show any measurements or setback distances , and no pictures of the shed . Therefore the Board could not approve something that they didn 't have information on . Mr. Burbank went on to describe his lot and where he wanted to place the shed in more detail . He estimated it was 100 feet to his nearest neighbor to the west . The side where the shed is going , the distance from the corner of the shed to the neighbor' s property would be approximately 34 feet . The property line does have a line of trees ZBA 8- 17-2009 Page 2 of 10 ® there also . Mr . Bates explained to the Board that the side yard setbacks were not an issue , it was the actual placement in the side yard that was not allowed according to Code . Mr. Burbank added that of his three neighbors , two had sheds in their side yard and the other neighbor had a shed in the backyard . Board Member Ellsworth opened the public hearing at 7 : 17 p . m . There was no one wishing to address the Board at this time . The public hearing was closed at 7 : 18p . m . ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009- 029 Area Variance William Burbank 132 Glenside Road Tax Parcel # 30 . =1 =9 August 17, 2009 Motion made by Board Member Mountin , seconded by Board Member Mann . Resolved that this Board grants the appeal of William Burbank , requesting an Area Variance from Chapter 270 — 82 ( E) , "Yard Regulations" to be allowed to place a shed in the side yard at 132 Glenside Rd , TP# 30 . - 1 -9 , High Density Residential Zone with the following conditions : 1 . That the shed be no larger than 10' X 10 ' , and 2 . that the edge of the shed shall be no closer than 25 feet from the property line , and ® 3 , that the exterior walls will be constructed of wood and that the siding will be painted to blend with the color of the house . With the following Findings : 1 . While the can be achieved by other means feasible , the applicant' s information indicates that the shed will actually be less visible both from the applicant' s house and the immediately adjacent uphill neighbor if it is placed in the side yard because of existing vegetation , and 2 . There will be no undesirable change to the neighborhood character or to nearby properties as the applicant has stated that other residential properties in the neighborhood do have sheds of this size and style and because of the placement, this shed will be less visible in the side yard than if it were placed in the rear yard , and 3 . The request is not substantial , and 4 . The request will not have adverse physical or environmental effects , and 5 . The request is self created , but the request is minimal . Therefore , the Board finds that the benefit to the applicant outweighs the detriment to the health , safety and welfare of the community . A vote on the motion was as follows : ® AYES : Ellsworth , Krantz , Niefer, Mountin and Mann Nays : None ZBA 8- 17- 2009 Page 3 of 10 ® Absent: Sigel The motion passed unanimously . Board Member Ellsworth opened the public hearing for the Chen Appeal and read the appeal again . The lady in the audience stated that she had sent a letter to the Board before and she had no additional comments , she was there to respond to any comments or actions the Board made tonight . Board Member Ellsworth gave a brief over view of the determination made at the last meeting . There was no one else wishing to address the Board and Board Member Ellsworth announced the next appeal . APPEAL of EAC Montessori School , requesting an Area Variance from Chapter 270=54, " Permitted Principal Uses" and Chapter 270-60, " Yard Regulations" , and Chapter 270=62 " Lot Size" , to allow the placement of a storage shed located at 120 East King Rd , TP#' s 43 .-1 -3. 21 , Low Density Residential Zone ( LDR) . Kimberly Michaels, Trowbridge and Wolf and Lisa Smith , School Business Manager were present to answer questions for the Board and Ms . Michaels gave a brief over view of the appeal . She stated that there were three properties , one on one side of the road and two on the other, that the school owned and a fourth across the street that they have deeded rights to develop and use as if it were owned by them . During the Field of Dreams project , a storage shed was placed in a more central location because ® all three properties on one side are acting as one campus and the shed was placed in the center which placed it within 5 feet of the property line of the deeded property . The issue came about because of those interior property lines still in place because of the different technical owners . They would like a variance to allow the shed to stay where it is . Board Member Ellsworth asked if the school owned that property and Ms . Michaels stated that the School had complete rights to develop and use that property , including permanent structures , through rights given them in a deed . Board Member Ellsworth opened the public hearing . There was no one wishing to address the Board at this time , the public hearing was closed . The matter was brought back to the Board and it was noted that the recommended anchors had been installed . ADOPTED RESOLUTION ZBA RESOLUTION NO 2009 — 030 Area Variance EAC Montessori School , 120 East King Rd, TP # 43 .- 1 -3 . 21 , August 17 , 2009 Motion made by Susan Mann , seconded by Dave Mountin Resolved that this Board grants the appeal of EAC Montessori School , requesting an Area Variance from Chapter 270-60 , "Yard Regulations" , to allow the placement of a storage shed located at 120 East King Rd , TP# ' s 43 . - 1 -3 . 21 , Low Density Residential Zone with the following : ZBA 8- 17-2009 Page 4 of 10 CONDITION : 1 . That the shed , which has already been constructed in a manner consistent with the plans submitted to this Board , not be modified either in location or type without requesting a modification of the plans from this Board , and FINDINGS : That the benefit that the applicant wishes to achieve does outweigh any detriment to the health safety and welfare of the community , specifically: 1 . While the benefit can be achieved by other means , due to the campus like nature of the school and the need to foster efficiency of access to the shed , this is the best location for it and that the properties function as a single unit rather than as three individual properties , and 2 . That the shed was previously in existence in an alternative location . It is not a new structure , so just moving it has not created an additional detriment , and 3 . There is no undesirable change to the neighborhood character or to nearby properties as the shed previously existed , has been relocated and has remained the same structure and same use and is only minimally visible from the road , and 4 . That while the request is substantial in terms of the setback, it doesn 't create any ® harm to the health , safety and welfare of the community because the applicant operates the three properties as if they were one and they have deeded rights to the property , and 5 . That the request will not have any adverse physical or environmental effects , and 6 . The alleged difficulty is self created , all of the above factors as enumerated show that the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community . A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, Mountin and Mann Nays : None Absent: Sigel The motion passed unanimously . APPEAL Colleen Cathleen Donovan Appellant, George R . Frantz, Agent ; requesting an area variance from the requirements of Chapter 270 , Section 270=62 ( B)(C)( D) of the Town of Ithaca Code permitting the construction of a 1 or 2=family house with less than the minimum road frontage. Town of Ithaca Tax Parcel #40 .= 1 = 1 , Low Density Residential Zone ( LDR). George Frantz, Agent ® Mr. Frantz pointed out that his client's name is Cathleen not Colleen . Board Member Mann asked Mr. Frantz to start his summary by determining if the appeal had a street ZBA 8- 17-2009 Page 5 of 10 ® number or just a tax parcel number . He explained that to their knowledge , there is no street number assigned but the location is detailed in his submitted materials . It is the last parcel on the easterly side of Pittman Lane , approximately 700 feet in from Stone Quarry Rd . It is bordered on the south by Buttermilk Falls State Park. The parcel was created in 1957 according to the earliest deed on record at the County Clerk' s Office , subdivided off by the Pittman Family . They included 25 foot right-of-ways to each subdivided parcel and the right-of-way was known as Pittman Lane . Ms Donovan purchased the parcel and there is no frontage on a public road and hence , they are here asking for a variance . The parcel is 1 . 3 acres and is over the minimum requirement in a low density residential zone , so the only deficiency is the frontage . Susan Brock added some more detail , stating that Pittman Lane is not on the Town ' s official Highway Map , but , it is on a draft map which was part of the adopted Transportation Plan and the Town will be considering revising , updating and adopting its current map to include a number of roads that don ' t show up on the official map which is dated 1968 . Pittman Lane is on that draft map . Of note , right now , Pittman Lane does not extend to the property under review. Mr. Frantz has told her they would be extending Pittman Lane to her property . Town Law 280a states that no building permit can be issued for a lot unless it fronts on a road . It does not have to be a public road , it can be private , but , it needs to be on the Town ' s map and there needs to be adequate access to emergency services . Fifteen feet is presumed to be adequate . She then asked Mr. Frantz about his statement in his materials saying that they may not be able to get a determination from the Ithaca Fire Department and she also asked for more details on the proposed extension . Mr. Frantz responded that he has had a conversation with Tom Parsons of the Fire Station and they do not want to put their wishes in writing . He also spoke with Gene Redman and Dan walker from the Town . The plan is to take the specifications to the Public Works Committee to work out the details . Pittman Lane narrows and widens in some spots with the smallest being around 10 feet and the widest being about 12 feet . The extension will be about 100 feet in length to achieve the frontage . Ms . Brock was concerned about the timing ; she did not know if the Town Board would be approving the map before or after the road was extended . Discussion followed with the Board getting a clearer picture on where the road was going to be extended to . Board Member Ellsworth asked Mr. Frantz if his client was going to widen the gravel path to the 12 feet and he responded that he wanted to leave that up to the Public Works Committee . Ms . Brock asked if they had a legal right to widen it and he stated that he hadn ' t thought of that part. He had spoken to the neighbors and as far as he could tell , they were in the same situation . The Board asked if the other houses had building permits in the past and Bruce Bates stated that he could not find any . Ms . Brock noted that the even though there were two existing houses , Board may not want to compound the problem . She also stated that she was ® surprised the fire department was reluctant to put anything on paper because they have done so many times in the past. Mr. Bates added that he had received an email from ZBA 8- 17-2009 Page 6 of 10 the department and they were still thinking about what they wanted to do and they were going to bring it to the Chiefs . Mr. Bates had the impression from them that there would have to be some kind of improvement in the entrance area but there was probably not a problem with the width of the road providing it did not get any smaller. They were concerned with getting out of the property after they had to go in . She also noted that if the Board were to grant the variance , there would need to be a condition that the road is on the official map . Board Member Mann asked if the Board were "putting the cart before the horse" since they do not know the status of the road on the map and they don 't know whether access is available for fire service . Mr. Frantz stated that he understood that they would need the variance regardless and his sense was that the process would be get the variance with the condition regarding the official map . He understood from the Town Engineer and Acting Town Superintendent that the determination on what would need to be done to the lane would be made once it was on the map . The Board discussed the issues around the permit . The consensus was that there were too many unknowns to proceed . There were Town meetings that needed to happen before Pittman Lane would be placed on the map and information was needed for that; there was no commitment from the fire department that service access would be adequate ; there were no details on how far into the property the lane would extend . Mr . Frantz was frustrated that it has been over 6 months and there has been no forward ® movement by the Town . He stated that the road has existed for 50 years and he was told that it was a two-stage process and that he needed to come before the ZBA first and then the Public Works Committee . Ms . Brock noted that in her discussions with the agent , she had made it clear that the public safety issues needed to be addressed in writing and specifics on the construction of the lane would be needed . Mr. Frantz stated that it was his understanding that the specifications were needed for the PWC not the ZBA . He stated that the specifications were simple , he would suggest 12 inches minimum of crushed gravel and 12 foot width . Mr. Mountin was concerned about what improvements would be needed that would affect the lane and the area . Mr. Bates clarified for the Board that the Public Works Committee had no definitive information on the specifics of the Lane , but the Lane was not going to be adopted as a Town road , but a private road indicated on the map . The official map includes other private roads that the Town deems adequate for public safety . Acting Chair Ellsworth opened the public hearing at 8 : 17 p . m . Neighbor — A neighbor who is building a house on the southerly side is concerned about the effect to the nature of the community. What do they have planned there ? Is this going to change the density from low to medium ? He thought there were complications with Pittman Lane because there is a house on the Lane which sits partly on the Lane itself. He was not opposed to construction in general , just neighborly construction . ZBA 8- 17-2009 Page 7 of 10 Neighbor — A gentleman read a letter written by a neighbor . She states that the lane is only 3" — 6" off the corner of the house and having a 2 -family home further down would be a detriment to her property . She owns numerous plots in the area . Mr . Frantz clarified that the measurements given were misleading . They were from the edge of the easement , not the road and the driveway is several feet from that . The intention is to get the driveway as far away from her house as possible , within the easement. He went on to state that he understood completely that the lane would not be added to the official map unless it met the Town ' s standards and was adequate for public safety access . He stated that Town Staff told him he needed to come to the Zoning Board first . He thought the Public Works Committee would deal with the road ' s specifications and details and the Zoning Board did not have to deal with those . The Board discussed adjourned the appeal and what they would need from the applicant to proceed at a future meeting . Board Member Mann was against adjournment because she felt the applicant was caught in a catch -22 and they needed to start somewhere . She felt the Board could place conditions to allay their concerns regarding specifications and frontage . The majority of the Board polled preferred to adjourn and discussed what they would need . They would like to know where exactly the road is going to be , what the improvements will be , whether it is adequate to the fire department as deemed , in writing , by either the fire department or the Department of ® Public Works . ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009- 031 Area Variance Adjournment Cathleen Donovan Tax Parcel No. 40 . = 1 =1 August 17 , 2009 Motion made by Board Member Ellsworth Ellsworth , seconded by Ron Krantz . Resolved that this Board adjourn the appeal of Cathleen Donovan Appellant , George R . Frantz , Agent ; requesting an area variance from the requirements of Chapter 270 , Section 270-62 ( B ) (C ) ( D ) of the Town of Ithaca Code to a future meeting pending the applicant providing information showing where the road will be located on a plot plan and written information from the Ithaca Fire Department or the Public Works Committee that it is adequate for fire protection , including the pinch points . A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, and Mountin Nays : Mann Absent : Sigel The motion passed 4 to 1 . ZBA 8- 17-2009 Page 8 of 10 APPEAL of Community Gardens, Town of Ithaca , requesting a variance from Chapter 221 -4(A)(2) " Signs" to be allowed to erect an off-premises sign to be placed at the Community Gardens entrance located at Lindermann Creek, TP # 27 .- 1 - 13. 121 , Medium Density Residential Zone (MDR) . Mr . Bates noted that he has been handling the appeal for the Town . Board Member Mann stated that the sign was already up and she had a picture of it . The public hearing was opened at 9 : 02 p . m . There was no one present and the public hearing was closed . ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009- 032 Sign Variance Town of Ithaca Community Gardens Off- Premises Sign August 17, 2009 Motion made by Harry Ellsworth , seconded by Ron Krantz . Resolved that this Board make a negative determination of environmental significance in regards to the appeal of the Town of Ithaca for the reasons stated in the Short Environmental Assessment Form Part II prepared by Town Staff and for the additional reason that the sign is less than 4 foot square and has no environmental impact. A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, Mann and Mountin Nays : None Absent : Sigel The motion passed unanimously . ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009- 033 Sign Variance Town of Ithaca Community Gardens Off- Premises Sign August 17 , 2009 Motion made by Harry Ellsworth , seconded by Ron Krantz . Resolved that this Board grant the appeal of Community Gardens , Town of Ithaca , requesting a variance from Chapter 221 -4(A) (2) "Signs" to be allowed to erect an off- premises sign to be placed at the Community Gardens entrance located at Lindermann Creek, TP # 27 . - 1 - 13 . 121 , Medium Density Residential Zone ( MDR ) . FINDING The benefit to the applicant outweighs any detriment to the health , safety and welfare of the community, specifically ; for the reasons stated in the applicants application . CONDITION That the sign will be erected as shown in the information submitted to the Board . ZBA 8- 17-2009 Page 9 of 10 A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer , Mann and Mountin Nays : None Absent : Sigel The motion passed unanimously . Discussion regarding proposed Fence Law and recommendation to the Town Board . The Town Board refereed the proposed fence law to the Zoning Board for review and comment. The Board discussed the proposed law and Susan Brock noted that although the limit is 6 feet, if someone would like a taller one , they can come before the Board for a special permit which is less of a burden than an area variance . Board Member Krantz wanted the change to allow 8 feet tall deer fences in all yards as of right and without the need for a special approval . ADOPTED RESOLUTION : ZBA RESOLUTION NO . 2009 — 034 Recommendation to the Town Board Regarding a Proposed Local Law Amending Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning) of the Town of Ithaca Code Town of Ithaca Zoning Board of Appeals August 17, 2009 MOTION made by Board Member Ellsworth , seconded by Susan Mann . WHEREAS : The Town of Ithaca Codes and Ordinances Committee has drafted a proposed local law amending the Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning) of the Town of Ithaca Code , for the Town Board ' s consideration , and WHEREAS : The purpose of this local law is to clarify and expand the elements of the fence and wall provisions , due to interpretation problems that the current provisions pose for Code Enforcement staff and the Zoning Board of Appeals ; and WHEREAS : Among other revisions , the proposed amendments would include definitions , height , and location requirements for fences , deer fences , retaining walls , and other walls ; and WHEREAS : The Town Board has referred the proposed local law to the Planning Board , Zoning Board of Appeals , and Conservation Board for review and recommendations ; and ZBA 8- 17-2009 Page 10 of 10 WHEREAS : The Town of Ithaca Zoning Board of Appeals held a public hearing on this matter and has reviewed and discussed this proposed local law at its meeting on August 17 , 2009 , NOW , THEREFORE, BE IT RESOLVED : That the Town of Ithaca Zoning Board of Appeals hereby recommends that the Town Board adopt the proposed local law amending the Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning ) of the Town of Ithaca Code with the following suggested change : That deer fences be allowed to be 8 feet high and placed in all yards as of right without the need for special approval . A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer , Mann and Mountin Nays : None Absent: Sigel The motion passed unanimously . Meeting was adjourned at 9 : 22p . m . 4rrvy Ells orth , A ting Chair FILED DATE 6 ADOPTED RESOLUTION ZBA RESOLUTION N0 . 2009- 029 Area Variance William Burbank 132 Glenside Road Tax Parcel # 30.-1 =9 August 17 , 2009 Motion made by Board Member Mountin , seconded by Board Member Mann . Resolved that this Board grants the appeal of William Burbank, requesting an Area Variance from Chapter 270 — 82 ( E) , "Yard Regulations" to be allowed to place a shed in the side yard at 132 Glenside Rd , TP# 30 . - 1 -9 , High Density Residential Zone with the following conditions : 1 . That the shed be no larger than 10' X 10% and 2 . that the edge of the shed shall be no closer than 25 feet from the property line , and 3 . that the exterior walls will be constructed of wood and that the siding will be painted to blend with the color of the house . ® With the following Findings : 1 . While the can be achieved by other means feasible , the applicant's information indicates that the shed will actually be less visible both from the applicant's house and the immediately adjacent uphill neighbor if it is placed in the side yard because of existing vegetation , and 2 . There will be no undesirable change to the neighborhood character or to nearby properties as the applicant has stated that other residential properties in the neighborhood do have sheds of this size and style and because of the placement , this shed will be less visible in the side yard than if it were placed in the rear yard , and 3 . The request is not substantial , and 4 . The request will not have adverse physical or environmental effects , and 5 . The request is self created , but the request is minimal . Therefore , the Board finds that the benefit to the applicant outweighs the detriment to the health , safety and welfare of the community . ® A vote on the motion was as follows : ® AYES : Ellsworth , Krantz , Niefer , Mountin and Mann Nays : None Absent : Sigel The motion passed 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 attached resolution is an a ct copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca a a �regu ar meeting on the 17th day of August , 2009 . Paulette Terwilliger, Deputy Town Clerk FILE Ql DATE q 3 b ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009 — 030 ® Area Variance EAC Montessori School 120 East Icing Rd , TP # 43 .-1 -3. 21 August 17, 2009 Motion made by Susan Mann , seconded by Dave Mountin . Resolved that this Board grants the appeal of EAC Montessori School , requesting an Area Variance from Chapter 270 -60 , "Yard Regulations" , to allow the placement of a storage shed located at 120 East King Rd , TP# ' s 43 . - 1 -3 . 21 , Low Density Residential Zone with the following : CONDITION : 1 . That the shed , which has already been constructed in a manner consistent with the plans submitted to this Board , not be modified either in location or type without requesting a modification of the plans from this Board , and FINDINGS : That the benefit that the applicant wishes to achieve does outweigh any ® detriment to the health safety and welfare of the community , specifically : 1 . While the benefit can be achieved by other means , due to the campus like nature of the school and the need to foster efficiency of access to the shed , this is the best location for it and that the properties function as a single unit rather than as three individual properties , and 2 . That the shed was previously in existence in an alternative location . It is not a new structure , so just moving it has not created an additional detriment , and 3 . There is no undesirable change to the neighborhood character or to nearby properties as the shed previously existed , has been relocated and has remained the same structure and same use and is only minimally visible from the road , and 4 . That while the request is substantial in terms of the setback, it doesn 't create any harm to the health , safety and welfare of the community because the applicant operates the three properties as if they were one and they have deeded rights to the property, and 5 . That the request will not have any adverse physical or environmental ® effects , and 6 . The alleged difficulty is self created , all of the above factors as enumerated show that the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community. A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, Mountin and Mann Nays : None Absent: Sigel The motion passed 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 attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the own of Ithaca at a regular meeting on the 17th day of August, 2009 . P._---- V ® Paulette Terwilliger, Deputy Town Clerk FILE q '9 69 DATE DY ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009= 031 Area Variance = Adjournment Cathleen Donovan Tax Parcel No. 40 .=1 = 1 August 17 , 2009 Motion made by Board Member Ellsworth Ellsworth , seconded by Ron Krantz . Resolved that this Board adjourn the appeal of Cathleen Donovan Appellant, George R . Frantz , Agent; requesting an area variance from the requirements of Chapter 270 , Section 270-62 ( B ) (C ) ( D ) of the Town of Ithaca Code to a future meeting pending the applicant providing information showing where the road will be located and how far onto the property shown on a plot plan as well as written affirmation from the Ithaca Fire Department or the Public Works Committee that the road is adequate for fire protection services , including the pinch points that are present. A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, and Mountin Nays : Mann Absent: Sigel AOL The motion passed 4 to 1 . 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 anex t copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca t reg . lar eeting on the 17th day of August , 2009 . �-- Paulette Terwilliger, Deputy Town Clerk FILE DATE (� ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009- 032 Sign Variance Town of Ithaca Community Gardens Off= Premises Sign August 17 , 2009 Motion made by Harry Ellsworth , seconded by Ron Krantz . Resolved that this Board make a negative determination of environmental significance in regards to the appeal of the Town of Ithaca for the reasons stated in the Short Environmental Assessment Form Part II prepared by Town Staff and for the additional reason that the sign is less than 4 foot square and has no environmental impact. A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, Mann and Mountin Nays : None Absent: Sigel The motion passed 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 attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of jTo kolthaca at a regular meeting on the 17th day of August , 2009 . Paulette Terwilliger, Deputy Town Clerk FILE DATE Lo ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009- 033 Sign Variance Town of Ithaca Community Gardens Off= Premises Sign August 17 , 2009 Motion made by Harry Ellsworth , seconded by Ron Krantz . Resolved that this Board grant the appeal of Community Gardens , Town of Ithaca , requesting a variance from Chapter 221 -4(A) (2 ) "Signs" to be allowed to erect an off- premises sign to be placed at the Community Gardens entrance located at Lindermann Creek, TP # 27 . - 1 - 13 . 121 , Medium Density Residential Zone ( MDR) . FINDING The benefit to the applicant outweighs any detriment to the health , safety and welfare of the community , specifically; for the reasons stated in the applicants application . CONDITION That the sign will be erected as shown in the information submitted to the Board . A vote on the motion was as follows : ® AYES : Ellsworth , Krantz , Niefer, Mann and Mountin Nays : None Absent : Sigel The motion passed 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 attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca a a reg lar ,meeting on the 17th day of August , 2009 . V-7 Paulette Terwilliger, Deputy Town Clerk FILE DATE Ala ADOPTED RESOLUTION . ZBA RESOLUTION NO . 2009 = 034 Recommendation to the Town Board Regarding a Proposed Local Law Amending Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning) of the Town of Ithaca Code Town of Ithaca Zoning Board of Appeals August 17 , 2009 MOTION made by Board Member Ellsworth , seconded by Susan Mann . WHEREAS : The Town of Ithaca Codes and Ordinances Committee has drafted a proposed local law amending the Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning) of the Town of Ithaca Code , for the Town Board' s consideration , and WHEREAS : The purpose of this local law is to clarify and expand the elements of the fence and wall provisions , due to interpretation problems that the current provisions pose for Code Enforcement staff and the Zoning Board of Appeals ; and WHEREAS : Among other revisions , the proposed amendments would include definitions , height , and location requirements for fences , deer fences , retaining walls , and other walls ; and WHEREAS : The Town Board has referred the proposed local law to the Planning Board , Zoning Board of Appeals , and Conservation Board for review and recommendations ; and WHEREAS : The Town of Ithaca Zoning Board of Appeals held a public hearing on this matter and has reviewed and discussed this proposed local law at its meeting on August 17 , 2009 , NOW, THEREFORE , BE IT RESOLVED : That the Town of Ithaca Zoning Board of Appeals hereby recommends that the Town Board adopt the proposed local law amending the Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning ) of the Town of Ithaca Code with the following suggested change : That deer fences be allowed to be 8 feet high and placed in all yards as of right without the need for special approval . A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, Mann and Mountin Nays : None Absent : Sigel I� The motion passed 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 attached resolution is an ex copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at reg ar pieeting on the 17th day of August, 2009 . �— Paulette Terwilliger , Deputy Town Clerk 2