HomeMy WebLinkAboutZBA Minutes 2009-08-25 FILE
DATE
TOWN OF ITHACA
ZONING BOARD OF APPEALS
AUGUST 25 , 2009
215 N TIOGA ST, ITHACA
Present : Kirk Sigel , Chair ; Members — Harry Ellsworth , Ron Krantz , David
Mountin and Susan Mann , Alternate
Excused : Jim Niefer
Staff: Bruce Bates , Director of Code Enforcement; Jonathan Kanter, Director of
Planning ; Susan Brock, Attorney for the Town
Meeting opened at 7 : 06 p . m . Affidavit of posting of public hearings accepted by
the Chair. It was noted that a corrected public hearing notice was re - published
and re - mailed to all affected parties . Chair noted that Ms . Mann would be a
voting member in Mr. Niefer' s absence .
Others : Meghan and Richard Holgate ; Kristin Gutenberger, Mark Farchione ,
Patrick Deptula and Michelle Palmer; Jarred Lusk and Donn Carroll
APPEAL of IQS Construction , Owner ; Alexander Holgate, Agent, requesting
® an Area Variance & possible Use Variance from Chapters 270=26 Principal
Uses , 270-60(A)(C) Primary Dwellings and 270=57( B) 3959 & 6 to allow the
construction of an addition to a 2nd existing house located at 326 '/z Stone
Quarry Rd , TP# 38 .=3-5 , Low Density Residential ( LDR)
Meghan Holgate , Applicant and Richard Holgate , were present to answer
questions from the Board .
Mr. Bates noted that there was a typographical error in the public hearing notice ,
referencing Chapter 270-26 when it should have said Chapter 270 -226 . There
was also some question regarding whether the NYS Office of Parks and
Recreation were contacted and after some discussion , it was determined that
they were mailed the public hearing notices , both the first and the corrected
versions . The Town Attorney deemed the typographical error not significant
enough to postpone the appeal .
Chairman Sigel started the questions asking whether the main house was two-
stories or one . Mr. Holgate answered that it is one story with a full basement .
Discussion followed to decide the square footage of the primary and secondary
dwellings . Further discussion followed regarding whether the garage that is
attached to the secondary dwelling is used by either the primary or the secondary
dwelling . This is a factor in the variances . It was decided that the basement of
the primary dwelling is not habitable so therefore would not be added to its
ZB A
August 25 , 2009
square footage and that the garage was used by the primary dwelling , so its
square footage would be added to the primary dwelling even though it is attached
to the secondary dwelling . Therefore , the proposed addition brings the total
square footage of the secondary dwelling to approximately 1200 square feet
which is almost the same size , or 100% of the primary dwelling' s size where
Town Code only permits 50% . The actual calculations were done with questions
regarding the garage , the definition of dwelling and other factors . The proposed
addition alone is 600 square feet which is 50% of the primary house' s square
footage . Mr. Holgate did note that the addition would not be seen from the road
given the topography . The Board agreed and Mr. Holgate added that the park
land behind the property is very inaccessible and he had never seen a human
being on it. The next property up the hill is a cemetery .
Ron Krantz summarized the discussion by saying that the Board was being
asked to consider the garage as part of the primary dwelling and approve a
variance so that the second dwelling could be 100% the size of the first dwelling
and encroach on the side yard setback . The Board agreed .
The Board continued discussion focusing on the size of the secondary dwelling .
Dave Mountin noted that the proposal does not include a kitchen or bathroom
and therefore is not changing the plumbing at all . He thought it was simple and
non -detrimental to the neighborhood . Although it is substantial , the impact is
negligible . He noted that if the proposal was in the front yard he would think the
impact was large . Susan Mann asked what "substantial" means and Ms . Brock
responded that it is up to the Board' s discretion . The Board should look at the
magnitude of the deviation . Kirk Sigel added that substantial variances can be
given if the impacts are not large .
Dave Mountin stated that he felt it was a major remodeling and he was
sympathetic to the hardship of needing more room for the impending birth of their
child . Susan Mann thought an applicant could plead hardship all the time . Some
Board Members were worried about setting precedent and Ms . Brock stated that
the Board should think about whether they could differentiate between this
appeal and others who might try the same .
Different options for bringing it closer to compliance were discussed ; ranging
from moving to reducing the addition by 50% etc . The lot is very long and narrow
which precluded subdivision and the addition is not that large so that reducing it
negates the benefit to the applicant .
Chairman Sigel opened the public hearing . There was no one wishing to
address the Board and he closed the public hearing . He then polled the Board .
Chairman Sigel moved the motion of Environmental Assessment.
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August 25 , 2009
ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 035 Environmental
Assessment Special Approval and Area Variance Alexander Holgate
326 '/2 Stone Quarry Rd Tax Parcel No. 38 .-3-5 August 25 , 2009
MOTION made by Kirk Sigel , seconded by Ron Krantz .
RESOLVED , that in the regard to the appeal of IQS Construction , this Board
makes a negative determination of environmental significance for the reasons
stated in Part II of the Environmental Assessment form prepared by staff .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Ellsworth , Mountin
NAYS : None
Abstention : Mann
Motion was carried .
Second motion was made .
ADOPTED RESOLUTION ZB RESOLUTION 2009 — 036 Area Variances
& Special Permit IQS Construction 326 Y2 Stone Quarry Rd TP # 38 .-3-5
August 25, 2009
® MOTION made by Kirk Sigel , seconded by Ron Krantz .
RESOLVED that this Board grants the appeal of IQS Construction , requesting
Area Variances and Special Approval from Chapter 270-57 and 270-60 to allow
the construction of an addition to a 2nd dwelling unit located at 326 1/2 Stone
Quarry Rd , TP# 38 . -3-5 , Low Density Residential zone with the following
CONDITIONS :
1 . That the proposed addition be built as indicated on plans submitted by the
applicant to this Board , and
2 . That those plans be revised as necessary to demonstrate compliance with
the NYS Uniform Building Code , and
3 . That the addition be no closer to either side lot line than 40 feet , and
4 . That the existing portion of the second dwelling be no closer to the side lot
line than 25 feet , and
5 . That the total square footage of the second dwelling after the addition be
® no greater than 1 , 200 square feet , without counting the garage , and
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August 25 , 2009
® 6 . That the garage be used by and for the benefit of the occupants of the
primary house to maintain the condition that this is an accessory building .
FINDINGS :
In the case of the Area Variances for the second dwelling unit setback and the
floor area percentage , that this Board finds that the benefit to the applicant does
outweigh any detriment to the health safety and welfare of the community,
specifically ;
1 . That the benefit that the applicant wishes to achieve , which is that of
expanding the second dwelling unit , can not be achieved by any other
means feasible , and
2 . That there will not be an undesirable change to neighborhood
character or to nearby properties given that this present structure
appears to have been in place for many years and that further, the
neighbors do not object to its enlargement. Further, the second
dwelling unit is partially hidden from the primary house , it is set well
back from the road , and the addition to the second dwelling unit is
entirely behind the current structure and will not be visible from the
road , and
3 . That this Board finds that the request is substantial allowing a second
dwelling unit to be almost 100% the size of the primary dwelling unit.
But, nevertheless , this Board finds that the benefit to the applicant
does outweigh any detriment to the health safety and welfare of the
community , and
4 . This Board finds that the request will not have adverse physical or
environmental effects given that it is a modest addition to an existing
structure , and
5 . This Board finds that the alleged difficulty is self-created in that the
applicant purchased the property knowing that the secondary dwelling
was too small for their needs , but nevertheless the benefit to them
does outweigh any detriment to the health safety and welfare of the
community , and
6 . That this Board further finds that a mitigating circumstance in this
appeal is that the primary house is small , less than 1 , 300 square feet ,
and therefore 50% of that, approximately 650 square feet , is a very
small allowance for a second dwelling unit.
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , and Mountin
NAYS : Mann and Ellsworth
® Motion was carried 3 to 2 .
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August 25 , 2009
® APPEAL of Lakeside Nursing Home, Inc, requesting Use and Area
Variances from Chapter 270 — 66 " Permitted Uses" , to operate a 90-bed
Assisted Living Program/Adult Home and from Chapter 270=68 (G ) , " Adult
Daycare more than 4 Persons" located at 1229= 1231 Trumansburg Rd , TP #
26 .-446. 1 , Medium Density Residential ( MDR)
Kristin Gutenberger, Agent ; Michelle Palmer, TG Miller ; Mark Farccione,
Peregrine Health Manager and Pat Deptula, Administrator were all present to
answer any questions the Board had .
Ms . Gutenberger gave a brief overview stating that Lakeside was constructed in
1965 and received a Special Permit and Use Variance from the Town . At that
time it staddled two zones which have since been changed to all medium density
zone . It started smaller and has been added onto and is now a 260 bed nursing
home facility . In the late 90' s it fell into disrepair and there are now only 160
beds being used with part of the building not usable .
Lakeside went into bankruptcy and receivership . In 2006 the State Department
stated that the facility had to be closed but also stated that Tompkins County
needs a 100 bed nursing home and 80 beds of assisted living and 25 person
adult day care . That is what Peregrine is hoping to do . Enlarge the uses to
cover some of these slots . They are not proposing any new construction or
changes to the outside except for the relocation of a loading dock . Construction
® will be done to the interior. Of note it that the plan includes 55 Medicaid beds
which Tompkins County has none of and this would be a big benefit to the
County . Letters were submitted from the County Department of Social Services ,
Assemblywoman and State Senator as well as other health organizations in the
Community .
The area variance is to increase the 4- person adult daycare to a 25 - person and
the other is to tidy- up the use approvals from the past use variances when they
straddled different zones . They would like a use variance for a 100- bed nursing
home . She added that under the Department of Health definition , an adult day
care is one component of a skilled nursing facility , not a separate use . The Town
Code separates them . Adult day care can only be present in a skilled nursing
facility.
The facility is under financial hardship , going from a $ 1 . 9 million a year loss to
$ 150 , 000 loss but they are in arrears on property taxes for close to $ 1 million
which will be paid once the transfer goes through with these variances .
Board Members Mountin and Krantz stated that it seems straight forward and
reasonable with Board Member Krantz adding that the Board would just be using
the State ' s recommendations and allowing the beds to be used where needed .
Board Member Mann added that it would be preserving the use of an existing
® building and meet the community' s needs .
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August 25 , 2009
® Chairman Sigel opened the public hearing . There was no one wishing to
address the Board on this matter.
Motion made and seconded with minor changes to the Environmental
Assessment Form Part I .
ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 037 Environmental
Assessment Use and Area Variances Lakeside Nursing Home, Inc.
1229= 1231 Trumansburg Rd TP # 26 .-4-46 . 1 , August 25 , 2009
MOTION made by Kirk Sigel , seconded by Ron Krantz .
RESOLVED , that in the regard to the appeal of Lakeside Nursing Home , this
Board makes a negative determination of environmental significance for the
reasons stated in Part II of the Environmental Assessment form prepared by
Town staff with modifications to Part I .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Ellsworth , Mountin and Mann
NAYS : None
Motion was carried unanimously.
Chairman Sigel asked Ms . Brock if the Board could use the criteria set out by Ms .
Gutenberger in her Narrative . He thought they were excellent and covered
everything he would propose . Ms . Brock thought the Board should add the
phrase "and other proposed uses" where appropriate to make it clear that the
Board was assessing and looking at all the uses together and their impact on the
community . The phrase was added .
ADOPTED RESOLUTION ZBA RESOLUTION NO . 2009 — 038 Use & Area
Variances Lakeside Nursing Home , Inc. 1229=1231 Trumansburq Rd
TP # 26. -4-46 . 1 , August 25, 2009
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
RESOLVED , that this Board grants the appeal of Lakeside Nursing Home , Inc ,
requesting Use and Area Variances from Chapter 270 — 66 " Permitted Uses" , to
operate a 100- bed Nursing Home and 90-bed Assisted Living Program/Adult
Home and from Chapter 270-68 ( G ) , "Adult Daycare more than 4 Persons"
located at 1229- 1231 Trumansburg Rd , TP # 26 . -4-46 . 1 , Medium Density
Residential ( MDR ) with the following :
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August 25 , 2009
® CONDITIONS .
1 . That the facility be built as indicated on the plans submitted as they may
be modified to meet Preliminary and Final Site Plan approval from the
Planning Board and as necessary to meet State Building Code .
With the following
FINDINGS :
In regard to the area variance for the Adult Day Care , that this Board makes the
findings listed on page 4 in the applicants Narrative , numbers 1 -5 ( Inserted here )
With respect to the specific requirements for an Area Variance, balancing
the benefit of an increase in the Adult Day-Care from 4 to 25 slots against the
detriment to the health, safety and welfare of the neighborhood:
( 1) The proposed increase in the number of Adult Day-Care slots will
not produce an undesirable change in the character of the
neighborhood or a detriment to the nearby properties as the facility
is currently in existence and no significant change of the exterior of
the facility will be necessary for the Area Variance requested. In
fact, the facility will be closed without the granting of the variance,
leaving an enormous vacant and deteriorating building which will
undoubtedly require a variance of some sort in order to make it
useful and/or productive. The impact of closing the facility would
certainly have at least a temporary undesirable impact on the
neighborhood, creating an unsafe environment while also inviting
criminal mischief.
(2) The benefit sought by Lakeside can not be achieved by other
feasible means as the State has ordered the closure of the existing
facility and determined that Tompkins County is in need of a 25 slot
Adult Day-Care.
(3) The requested Area Variance is not substantial as the facility has
ample space for a 25 slot Adult Day-Care and there will be no
significant impact on the exterior of the building. Again, under DOH
guidelines, an Adult Day-Care is considered to be one component
of a Nursing Home which is already an approved use of the
property.
(4) The proposed Area Variance will not have an adverse effect or
impact on the physical or environmental conditions in the
neighborhood or district. The exterior of the building will remain
® essentially the same. In fact, the neighborhood will be enhanced
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August 25 , 2009
by the granting of the Variance due to the aesthetic renovations
® and landscaping maintenance that will result as a consequence.
The exterior will be maintained at a level exceeding years past,
dramatically improving the physical environment. DOH requires the
facility to provide transportation for Adult Day-Care clients. One
bus will transport clients to the facility and return them to their
homes each day, so it is anticipated that the actual traffic to and
from the facility for twenty-five clients would not exceed the traffic
generated for four clients. There will be one vehicle entering the
property in the morning and one vehicle leaving the property each
day regardless of the number of clients in the vehicle.
(5) The alleged hardship is not self-created as the DOH has ordered
the closure of the current Nursing Home facility and stated that
Tompkins County is in need of this type of service. Specifically,
Tompkins County is in need of a facility large enough to
accommodate 25 Adult Day-Care clients and this building has more
than sufficient space to satisfy the demand.
With regard to the Use Variance for the 100 - Bed Nursing Home , that this Board
makes the Findings indicated on the applicants Narrative on pg 6 numbers 1 -4
( Inserted here ) and that the applicant has demonstrated unnecessary hardship
for the following reasons :
® Use Variance Modification/ rantin of a new Use Variance for a 100 bed Nursing
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Home : A Use Variance may be granted if the applicant can demonstrate an
Aunnecessary hardship@ . Specifically, Lakeside can demonstrate :
( 1) That as a 260 bed Nursing Home, it cannot realize a reasonable
return based on the attached financial data and the fact that the
facility is in arrears of property taxes in excess of one million
dollars, that the facility has had such financial difficulties over the
past decade, that the property is currently in bankruptcy, and that
even as a 160 bed Nursing Home, it is operating at a loss of over
$ 150, 000 a year.
(2) The alleged hardship relating to the property is unique and does not
apply to the neighborhood as a whole considering that this is the
only Nursing Home in the immediate vicinity and the surrounding
properties contain mostly single-family homes.
(3) The requested variance, if granted, plus other proposed uses, will
not alter the essential character of the neighborhood in that the
building is already built and approved for a more intensive use than
requested herein in terms of traffic and amount of Nursing Home
® beds. Applicant anticipates making minor aesthetic exterior
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August 25 , 2009
® renovations and landscaping maintenance that will actually improve
the overall appearance of the building and the property, thereby
enhancing the essential character of the neighborhood.
(4) The alleged hardship is not self-created as evidenced by the DOH's
demand for closure of the current 260 bed facility and their
recommendation that Tompkins County is in need of a 100 bed
Nursing Home to accommodate the current residents.
In regard to the Use Variance for the 90- bed Assisted Living Program , this Board
makes the findings on the applicant's Narrative on pages 7 & 8 numbers 1 -4
( Inserted here ) with the modifications made by the Board tonight , which is to
include the phrase "plus other proposed uses" in section 3 of the use variances
and that the applicant has demonstrated unnecessary hardship for the following
reasons :
As stated above, a Use Variance may be granted if the applicant can
demonstrate an Aunnecessary hardship@ . Specifically, Lakeside can
demonstrate that:
( 1) As a 260 bed Nursing Home, the property could not realize a
reasonable return. Based on the size and configuration of the
building, the only viable use of the space other than in some form of
senior health or housing facility would be commercial offices. The
cost of conversion to commercial office space would likely equal or
exceed $20 million dollars after inclusion of parking construction, a
cost that would not be supported economically in the local 'rental
market for that type of office space.
(2) The alleged hardship relating to the property is unique and does not
apply to the neighborhood as a whole considering that this is the
only building of its size and use in the vicinity. Further, the DOH
has ordered the facility closed, a situation unique to the property.
(3) The requested variance, if granted, plus other proposed uses, will
not alter the essential character of the neighborhood in that the
building is already built and approved for a more intensive use than
requested herein. Lakeside is seeking a use that is less intensive
than its current use in terms of traffic and amount of staff. The
number of employees needed for an ALP/Adult Home is
significantly less than that required for a Nursing Home since the
residents are more independent and require less supervision.
Additionally, Lakeside is anticipating minor aesthetic exterior
renovations and landscaping maintenance to improve the overall
appearance of the building, thereby enhancing the essential
character of the neighborhood. Without the requested Variance,
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August 25 , 2009
the building will most likely remain vacant and continue to
deteriorate, leaving an eyesore in the local community.
(4) The alleged hardship is not self-created as evidenced by the
DOH=s direction of closure of the current 260 bed facility and their
recommendation that Tompkins County is in need of an ALP/Adult
Home to accommodate the current residents, in addition to other
elderly residents of Tompkins County.
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Ellsworth , Mountin and Mann
NAYS : None
Motion was carried unanimously .
APPEAL of Verizon , Inc ; Jarred Lusk, Agent, requesting a Height Variance
from Chapter 270=59, " Height" & Chapter 270=219( F) " Fall Area " , to allow
the construction of a telecommunications tower located at 651 Five Mile Dr,
TP# 31 . =2-25. 2 , Low Density Residential ( LDR) .
Jared Lusk, Attorney for the Applicant was present to answer the Board' s
questions .
Mr. Lusk gave background on the project and the approvals it has received thus
far. The height is 125 feet and they are looking for a height variance and the fall
zone . He stated that the tower sits 110 feet from one property and 108 from the
other. He noted that the tower will be designed to fall within itself with the weak
point placed in the middle of the tower which will make the fall zone half of its
height and well within the boundaries . The poles are built to withstand 90mph
wind and 45 with 3/a inch ice on it which is above the standard now in place .
Mr . Lusk noted that the Town hired an independent consultant to review the
height requirements and he quoted from the report : "as claimed by Verizon ' s
representative , the proposed site at 125 feet is at or near the minimum height
requirement to overcome the terrain and ground clutter effects to achieve the
desired RF coverage . "
Board Member Ellsworth asked how many towers are engineered and in place
right now that fall within themselves . Mr. Lusk stated that it was very common
and added that they could be designed to fall within a third or a quarter of their
height. He guessed that 50% are designed to collapse on the half mark . It is a
norm for them to fall onto themselves as opposed to falling like a tree .
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August 25 , 2009
Chairman Sigel asked if the tower stayed attached and sort of swung down and
® Mr. Lusk stated that in his experience , although he has never seen a tower that
fell , but based on the design , it would be connected but down .
Board Member Mountin asked if the protection from wind etc extended to the
antennae and Mr . Lusk responded that they are designed to the same safety
level as the tower itself .
Board Member Krantz noted that the height variance asked for is a little more
than 400 times what is allowed . It is equivalent to a 12 -story building . The Board
discussed existing buildings and towers around the County right now .
Board Member Mann asked for a summary of why the tower was needed and at
that height , which Mr. Lusk gave and was included in an extensive packet to the
Board . He added that other telecommunication companies would be allowed to
co- locate on this tower .
The Board asked about multiple , shorter antennas and Ms . Brock summarized
the process and directed the Board to the packet.
Chairman Sigel asked Mr. Lusk if the easement for the additional land needed for
the fall zone had been received and Mr . Lusk stated that they are in the process
for it and they will not receive Final Site Plan approval without it . Chairman Sigel
noted that that would almost cover the needed fall zone itself .
Chairman Sigel opened the public hearing and then closed it because there was
no one present .
Board Member Krantz made the following statement for the record : "Although
the Zoning Board tries to stay within the boundaries of its rules and regulations
and not of public opinion , I think it should be noted that not . a single member of
the public came to this hearing . "
Chairman Sigel and Ms . Brock noted that many came to the Planning Board
meetings .
Staff recited the minor changes made to the EAF Part I and the Board agreed to
incorporate those .
Motion made and seconded .
ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 039
Environmental Assessment Verizon , Inc. 651 Five Mile Drive
TP# 31 .=2-25. 2, Auqust 25 , 2009
MOTION made by Kirk Sigel ; seconded by Harry Ellsworth .
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August 25 , 2009
RESOLVED , that this Board makes a negative determination of environmental
significance based on the information in the Part I prepared by the applicant and
for the reasons stated in the Environmental Assessment Form Part II prepared by
Town Staff .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Mountin and Mann
NAYS : None
Absent : Neifer
Motion was carried 4 to 1 .
During the dictation of the motion , Mr. Lusk stated for the record that "the
applicable legal standard for the public utilities is a little different than the typical
area variance standards as we outlined in Exhibit C . I think . . . If you want to go
through the standards that are required for typical area variances , so be it , but, I
think, the Rosenberg Standard is the appropriate standard and therefore the
typical area variances wouldn 't necessarily be standard . So , in case we were to
be challenged , I just wanted it to be on the record that the Rosenberg Standard is
the applicable standard for granting variances with regard to the public utility .
Ms . Brock responded "that standard is applicable for use variances , that
Rosenberg and ConEd cases were all use variance cases . In fact, I have a third
department case which had a Zoning Board looking at setback variances , area
variances , and the applicant said no , the diminished standard applicable to public
utilities should apply and the third department said no , the regular area variance
standard applies .
Mr. Lusk just wanted it on the record and Ms . Brock also .
Board Member Mann asked which was the stricter of the Standards and Ms .
Brock responded that they are just different, not necessarily less strict , although
she felt Mr. Lusk probably thought they were .
ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 040 Height & Area
Variances Verizon , Inc. 651 Five Mile Dr. TP# 31 . -2-25 . 2, August 25, 2009
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
RESOLVED , that this Board grants the appeal of Verizon , Inc . , requesting a
height variance from Chapter 270-59 and a Fall Zone Variance from Chapter
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August 25 , 2009
270-219 (f) to allow the construction of a telecommunications tower located at 651
Five Mile Dr, TP# 31 . -2 -25 . 2 , Low Density Residential Zone with the following :
CONDITIONS :
1 . That the tower not exceed 126 feet tall , and
2 . That the fall zone be no less than a 107 foot radius circle located with the
center at the base of the tower with the applicant having ownership , lease ,
easement or other control over that area . Any such lease , easement or
other control other than ownership to be acceptable to the Attorney for the
Town in form and substance , and
3 . That the tower must be designed to collapse on itself such that no
components' of the tower will fall outside the designated fall zone ,
With the following :
FINDINGS — Height Variance
That the benefit to the applicant does outweigh any detriment to the health ,
safety and welfare of the community, specifically:
1 . That the benefit the applicant wishes to achieve cannot be achieved by
any other means feasible as supported by both the applicant' s submitted
materials and the independent verification by the Town ' s consultants , and
2 . That there will not be an undesirable change in the neighborhood
character or to nearby properties given the extensive screening of the
tower by surrounding trees , plus the additional trees that are being
required by the Planning Board . The upper portion of the tower is
necessarily above tree level to achieve the applicant' s goal and it is
therefore visible to a number of nearby locations , but nevertheless , the
benefit to the applicant and the community does outweigh any detriment to
the health , safety and welfare of the community , and
3 . That while the request is substantial , being approximately 125 feet where
30 feet is allowed , nevertheless , the benefit does outweigh any detriment
to the health , safety and welfare of the community , and
4 . That the request will not have adverse physical or environmental effects
for the reasons given in the Environmental Assessment Form , and
5 . That while the alleged difficulty is self created , again , the benefit to the
applicant does outweigh any detriment to the health , safety and welfare of
the community .
FINDINGS : Area Variance - Fall Zone
That the benefit to the applicant does outweigh any detriment to the health ,
safety and welfare of the community , specifically:
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August 25 , 2009
1 . That the benefit the applicant wishes to achieve could , in this case , be met
by other feasible means , which would be to enter into some type of
agreement with the two neighbors to achieve the full fall zone , but that
given that the applicant' s tower will be designed to fall within , at most , half
of its height , that size of a fall zone is unnecessary , and
2 . That an undesirable change in the neighborhood character or to nearby
properties will not happen , given that it is a smaller fall zone , and
3 . That the request is not substantial given that the tower is designed to fall
within half of its height , and
4 . That the request will not have adverse physical or environmental effects ,
again , given that it is designed to fall within half its height , and
5 . That while the alleged difficulty is self created , 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 , Ellsworth , Krantz , Mountin and Mann
NAYS : None
Absent : Neifer
Motion was carried 4 to 1 .
Other Business
There was no other official business .
Meeting adjourned at 9 : 22 p . m .
Kirk Sigel , ChaIr
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FILE �ti1
DATE J
® ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 035
Environmental Assessment
Special Approval and Area Variance
Alexander Holgate
326 '/2 Stone Quarry Rd
Tax Parcel No. 38 .=3=5
August 25, 2009
MOTION made by Kirk Sigel , seconded by Ron Krantz .
RESOLVED , that in regard to the appeal of IQS Construction , this Board makes a
negative determination of environmental significance for the reasons stated in Part II of
the Environmental Assessment form prepared by staff .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Ellsworth , Mountin
NAYS : None
Abstention : 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 resolution is an exact copy of the same adopted by the Zoning
Board of Appeals of the Town of Ithaca at a ;eputy
lar etin on the 25th day of August ,
2009 .
Town Clerk
Town of Ithaca
FILE KM 3
DATE � �� jS r�
ADOPTED RESOLUTION ZB RESOLUTION 2009 - 036
® Area Variances & Special Permit
IQS Construction
326 '/2 Stone Quarry Rd
Tax Parcel # 38.-3-5
August 25 , 2009
MOTION made by Kirk Sigel , seconded by Ron Krantz .
RESOLVED that this Board grants the appeal of IQS Construction , requesting Area
Variances and Special Approval from Chapter 270-57 and 270-60 to allow the
construction of an addition to a 2nd dwelling unit located at 326 1/2Stone Quarry Rd ,
TP# 38 . -3-5 , Low Density Residential zone with the following
CONDITIONS :
1 . That the proposed addition be built as indicated on plans submitted by the
applicant to this Board , and
2 . That those plans be revised as necessary to demonstrate compliance with the
NYS Uniform Building Code , and
3 . That the addition be no closer to either side lot line than 40 feet, and
® 4 . That the existing portion of the second dwelling be no closer to the side lot line
than 25 feet , and
5 . That the total square footage of the second dwelling after the addition be no
greater than 1 , 200 square feet, without counting the garage , and
6 . That the garage be used by and for the benefit of the occupants of the primary
house to maintain the condition that this is an accessory building .
FINDINGS :
In the case of the Area Variances for the second dwelling unit setback and the floor
area percentage , that this Board finds that the benefit to the applicant does outweigh
any detriment to the health , safety and welfare of the community , specifically ,
1 . That the benefit that the applicant wishes to achieve , which is that of
expanding the second dwelling unit, can not be achieved by any other means
feasible , and
2 . That there will not be an undesirable change to neighborhood character or to
nearby properties given that this present structure appears to have been in
place for many years and that further, the neighbors do not object to its
® enlargement . Further, the second dwelling unit is partially hidden by the
primary house , it is set well back from the road , and the addition to the
second dwelling unit is entirely behind the current structure and will not be
visible from the road , and
3 . That this Board finds that the request is substantial allowing a second
dwelling unit to be almost 100% the size of the primary dwelling unit . But,
nevertheless , this Board finds that the benefit to the applicant does outweigh
any detriment to the health , safety and welfare of the community , and
4 . This Board finds that the request will not have adverse physical or
environmental effects given that it is a modest addition to an existing
structure , and
5 . This Board finds that the alleged difficulty is self-created in that the applicant
purchased the property knowing that the secondary dwelling was too small for
their needs , but nevertheless the benefit to them does outweigh any detriment
to the health , safety and welfare of the community , and
6 . That this Board further finds that a mitigating circumstance in this appeal is
that the primary house is small , less than 1 , 300 square feet , and therefore
50% of that, approximately 650 square feet , is a very small allowance for a
second dwelling unit .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , and Mountin
NAYS : Mann and Ellsworth
Motion was carried 3 to 2 .
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 a ting on the 25th day of August ,
2009 ,
Deputy Town Clerk
Town of Ithaca
FILE
DATE o a
® ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 037
Environmental Assessment
Use and Area Variances
Lakeside Nursing Home, Inc.
1229- 1231 Trumansburg Rd
TP # 26 .-4-46 . 1 ,
August 25 , 2009
MOTION made by Kirk Sigel , seconded by Ron Krantz .
RESOLVED , that in regard to the appeal of Lakeside Nursing Home , this Board makes
a negative determination of environmental significance for the reasons stated in Part II
of the Environmental Assessment form prepared by Town staff with modifications to
Part I .
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) S $ :
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 t e same adopted by the Zoning
Board of Appeals of the Town of Ithaca at a regular a tingon the 25th day of August ,
2009 ,
Deputy Town Clerk
Town of Ithaca
FI LE
DATE
ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 038
® Use and Area Variances
Lakeside Nursing Home, Inc.
1229= 1231 Trumansburg Rd
TP # 26.-4-46. 1 ,
August 25, 2009
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
RESOLVED , that this Board grants the appeal of Lakeside Nursing Home , Inc ,
requesting Use and Area Variances from Chapter 270 — 66 " Permitted Uses" , to operate
a 100-bed Nursing Home and 90- bed Assisted Living Program/Adult Home and from
Chapter 270-68 (G ) , "Adult Daycare more than 4 Persons" located at 1229- 1231
Trumansburg Rd , TP # 26 . -4-46 . 1 , Medium Density Residential ( MDR ) with the
following :
CONDITIONS .
1 . That the facility be built as indicated on the plans submitted as they may be
modified to meet Preliminary and Final Site Plan approval from the Planning
Board and as necessary to meet State Building Code .
With the following
® FINDINGS ,
In regard to the area variance for the Adult Day Care , that this Board makes the findings
listed on page 4 in the applicants Narrative , numbers 1 -5 ( Inserted here )
With respect to the specific requirements for an Area Variance, balancing the
benefit of an increase in the Adult Day-Care from 4 to 25 slots against the detriment to
the health, safety and welfare of the neighborhood.
( 1) The proposed increase in the number of Adult Day-Care slots will not
produce an undesirable change in the character of the neighborhood or a
detriment to the nearby properties as the facility is currently in existence
and no significant change of the exterior of the facility will be necessary for
the Area Variance requested. In fact, the facility will be closed without the
granting of the variance, leaving an enormous vacant and deteriorating
building which will undoubtedly require a variance of some sort in order to
make it useful and/or productive. The impact of closing the facility would
certainly have at least a temporary undesirable impact on the
neighborhood, creating an unsafe environment while also inviting criminal
mischief.
1
e
(2) The benefit sought by Lakeside can not be achieved by other feasible
means as the State _has ordered the closure of the existing facility and
determined that Tompkins County is in need of a 25 slot Adult Day-Care.
(3) The requested Area Variance is not substantial as the facility has ample
space for a 25 slot Adult Day-Care and there will be no significant impact
on the exterior of the building. Again, under DOH guidelines, an Adult
Day-Care is considered to be one component of a Nursing Home which is
already an approved use of the property.
(4) The proposed Area Variance will not have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district.
The exterior of the building will remain essentially the same. In fact, the
neighborhood will be enhanced by the granting of the Variance due to the
aesthetic renovations and landscaping maintenance that will result as a
consequence. The exterior will be maintained at a level exceeding years
past, dramatically improving the physical environment. DOH requires the
facility to provide transportation for Adult Day-Care clients. One bus will
transport clients to the facility and return them to their homes each day, so
it is anticipated that the actual traffic to and from the facility for twenty-five
clients would not exceed the traffic generated for four clients. There will
be one vehicle entering the property in the morning and one vehicle
leaving the property each day regardless of the number of clients in the
vehicle.
( ) The alleged ed hardship is not self-created as the DOH has - ordered the
closure of the current Nursing Home facility and _stated that Tompkins
County is in need of this type of service. Specifically, Tompkins County is
in need of a facility large enough to accommodate 25 Adult Day-Care
clients and this building has more than sufficient space to satisfy the
demand.
With regard to the Use Variance for the 100- Bed Nursing Home , that this Board makes
the Findings indicated in the applicant' s Narrative on pg 6 numbers 1 -4 ( Inserted here )
and that the applicant has demonstrated unnecessary hardship for the following
reasons :
Use Variance Modification/granting of a new Use Variance for a 100 bed Nursing Home :
A Use Variance may be granted if the applicant can demonstrate an unnecessary
hardship. Specifically, Lakeside can demonstrate :
( 1) That as a 260 bed Nursing Home, it cannot realize a reasonable return
based on the attached financial data and the fact that the facility is in
arrears of property taxes in excess of one million dollars, that the facility
has had such financial difficulties over the past decade, that the property
2
is currently in bankruptcy, and that even as a 160 bed Nursing Home, it is
operating at a loss of over $ 150, 000 a year.
( ) The alleged ed hardship relating to the property is unique and does not apply
to the neighborhood as a whole considering that this is the only Nursing
Home in the immediate vicinity and the surrounding properties contain
mostly single -family homes.
(3) The requested variance, if granted, plus other proposed uses, will not alter
the essential character of the neighborhood in that the building is already
built and approved for a more intensive use than requested herein in
terms of traffic and amount of Nursing Home beds. Applicant anticipates
making minor aesthetic exterior renovations and landscaping maintenance
that will actually improve the overall appearance of the building and the
property, thereby enhancing the essential character of the neighborhood.
(4) The alleged hardship is not self-created as evidenced by the DOH's
demand for closure of the current 260 bed facility and their
recommendation that Tompkins County is in need of a 100 bed Nursing
Home to accommodate the current residents.
In regard to the Use Variance for the 90- bed Assisted Living Program , this Board makes
the findings in the applicant' s Narrative on pages 7 & 8 numbers 1 -4 ( Inserted here) with
the modifications made by the Board tonight, which is to include the phrase "plus other
® proposed uses" in section 3 of the use variances and that the applicant has
demonstrated unnecessary hardship for the following reasons :
As stated above, a Use Variance may be granted if the applicant can
demonstrate an unnecessary hardship. Specifically, Lakeside can demonstrate that:
( 1) As a 260 bed Nursing Home, the property could not realize a reasonable
return. Based on the size and configuration of the building, the only viable
use of the space other than in some form of senior health or housing
facility would be commercial offices. The cost of conversion to
commercial office space would likely equal or exceed $20 million dollars
after inclusion of parking construction, a cost that would not be supported
economically in the local rental market for that type of office space.
(2) The alleged hardship relating to the property is unique and does not apply
to the neighborhood as a whole considering that this is the only building of
its size and use in the vicinity. Further, the DOH has ordered the facility
closed, a situation unique to the property.
`� 3
(3) The requested variance, if granted, plus other proposed uses, will not alter
the essential character of the neighborhood in that the building is already
built and approved for a more intensive use than requested herein.
Lakeside is seeking a use that is less intensive than its current use in
terms of traffic and amount of staff. The number of employees needed for
an ALP/Adult Home is significantly less than that required for a Nursing
Home since the residents are more independent and require less
supervision. Additionally, Lakeside is anticipating minor aesthetic exterior
renovations and landscaping maintenance to improve the overall
appearance of the building, thereby enhancing the essential character of
the neighborhood. Without the requested Variance, the building will most
likely remain vacant and continue to deteriorate, leaving an eyesore in the
local community.
(4) The alleged hardship is not self-created as evidenced by the DOH's
direction of closure of the current 260 bed facility and their
recommendation that Tompkins County is in need of an ALP/Adult Home
to accommodate the current residents, in addition to other elderly
residents of Tompkins County.
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 the same adopted by the Zoning
Board of Appeals of the Town of Ithaca at a regular m t' g on the 25th day of August ,
2009 . --
Deputy Town Clerk
Town of Ithaca
4
FILE
DATE 2 04 d ,V
ADOPTED RESOLUTION ZBA RESOLUTION 2009 - 039
Environmental Assessment
Verizon , Inc .
651 Five Mile Drive
TP# 31 . -2-25. 2,
August 25 , 2009
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
RESOLVED , that this Board makes a negative determination of environmental
significance based on the information in the Part I prepared by the applicant and for the
reasons stated in the Environmental Assessment Form Part II prepared by Town Staff .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Mountin and Mann
NAYS : Krantz
Absent : Neifer
Motion was carried 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 resolution is an exact copy of the same adopted by the Zoning
Board of Appeals of the Town of Ithaca at a regular nWoting on the 25th day of August ,
2009 ,
Deputy Town ferk
Town of Ithaca
FILE
DATE L' L
ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 040
Height and Area Variances
Verizon , Inc .
651 Five Mile Drive
TP# 31 . -2-25. 2 ,
August 25 , 2009
MOTION made by Kirk Sigel , seconded by Harry Ellsworth .
RESOLVED , that this Board grants the appeal of Verizon , Inc . , requesting a height
variance from Chapter 270-59 and a Fall Zone Variance from Chapter 270-219(f) to
allow the construction of a telecommunications tower located at 651 Five Mile Dr, TP#
31 . -2-25 . 2 , Low Density Residential Zone with the following :
CONDITIONS :
1 . That the tower not exceed 126 feet tall , and
2 . That the fall zone be no less than a 107 foot radius circle located with the center
at the base of the tower with the applicant having ownership , lease , easement or
other control over that area . Any such lease , easement or other control other
than ownership to be acceptable to the Attorney for the Town in form and
substance , and
3 . That the tower must be designed to collapse on itself such that no components of
the tower will fall outside the designated fall zone ,
With the following :
FINDINGS — Height Variance
That the benefit to the applicant does outweigh any detriment to the health , safety and
welfare of the community , specifically:
1 . That the benefit the applicant wishes to achieve cannot be achieved by any other
means feasible as supported by both the applicant' s submitted materials and the
independent verification by the Town ' s consultants , and
2 . That there will not be an undesirable change in the neighborhood character or to
nearby properties given the extensive screening of the tower by surrounding
trees , plus the additional trees that are being required by the Planning Board .
The upper portion of the tower is necessarily above tree level to achieve the
applicant' s goal and it is therefore visible to a number of nearby locations , but
nevertheless , the benefit to the applicant and the community does outweigh any
detriment to the health , safety and welfare of the community , and
3 . That while the request is substantial , being approximately 125 feet where 30 feet
is allowed , nevertheless , the benefit does outweigh any detriment to the health ,
safety and welfare of the community , and
4 . That the request will not have adverse physical or environmental effects for the
reasons given in the Environmental Assessment Form , and
5 . That while the alleged difficulty is self created , again , the benefit to the applicant
does outweigh any detriment to the health , safety and welfare of the community.
FINDINGS : Area Variance - Fall Zone
That the benefit to the applicant does outweigh any detriment to the health , safety and
welfare of the community , specifically:
1 . That the benefit the applicant wishes to achieve could , in this case , be met by
other feasible means , which would be to enter into some type of agreement with
the two neighbors to achieve the full fall zone , but that given that the applicant' s
tower will be designed to fall within , at most, halfof its height , that size of a fall
zone is unnecessary , and
2 . That an undesirable change in the neighborhood character or to nearby
properties will not happen , given that it is a smaller fall zone , and
3 . That the request is not substantial given that the tower is designed to fall within
half of its height , and
4 . That the request will not have adverse physical or environmental effects , again ,
given that it is designed to fall within half its height , and
5 . That while the alleged difficulty is self created , 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 , Ellsworth , Mountin and Mann
NAYS : Krantz
Absent : Neifer
Motion was carried 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 resolution is an exact copy of the same adopted by the Zoning
Board of Appeals of the Town of Ithaca at a regular a ing on the 25th day of August,
2009 ,
Deputy Town Clerk,
Town of Ithaca
® 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
TUESDAY , AUGUST 25 , 2009
7 : 00 P . M .
Date of Publication : Tuesday , August 18 , 2009
Location of Sign Board Used for Posting : Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca , NY 14850
Date of Posting : August 17 , 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 18t" day of Aug st , 2009 . _
,�.
s —
Notary Public
- .
KAREN M, BILLINGS
Notary Public, State of New York
No. 01 B 16179590
Qualified in Tompkins County
Commission Expires December 24, 2011
Correction
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Tuesday, August 25 , 2009
215 North Tioga Street, Ithaca
7 : 00 P . M .
APPEAL of IQS Construction , Owner; Alexander Holgate , Agent , requesting an Area
Variance & possible Use Variance from Chapters 270-26 Principal Uses , 270-60 (A) (C )
Primary Dwellings and 270-57 ( B) 3 , 51 & 6 to allow the construction of an addition to a 2nd
existing house located at 326 '/2 Stone Quarry Rd , TP# 38 . -3-5 , Low Density Residential
( LDR)
APPEAL of Lakeside Nursing Home , Inc , requesting Use and Area Variances from
Chapter 270 — 66 " Permitted Uses" , to operate a 90- bed Assisted Living Program/Adult
Home and from Chapter 270-68 (G ) , "Adult Daycare more than 4 Persons" located at
1229 - 1231 Trumansburg Rd , TP # 26 . -4-46 . 1 , Medium Density Residential ( MDR )
APPEAL of Verizon , Inc ; Jarred Lusk , Agent , requesting a Height Variance from
Chapter 270-59 , " Height" & Chapter 270-219 ( F) " Fall Area" , to allow the construction of
a telecommunications tower located at 651 Five Mile Dr, TP# 31 . -2-25 . 2 , Low Density
Residential (LDR) .
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/ 17/2009
Published : 8/ 18/2009
y
l�gais 050 legate „,.. ; 050. i
CORRECTION requests should be made
TOWN OF ITHACA not Jess than 48 hours pri-
ZONING BOARD OF or to the public hearings.
APPEALS
NOTICE OF PUBLIC Bruce-W. Bates
HEARINGS Director of Code
TUESDAY Enforcement
August 25; 2009 .607-273-1783
215 North Tioga •
t Street, Ithaca Dated: 8/14/2009
7:00 P.M. Published: 8/17/2009
8!17/2009
APPEAL. of IQS Con-i
stmction, Owner; ,
Alexander.Holgate, Agent,•'
requesting an Area Var-
iance & possible Use Var-
iance from Chapters 270-�
26 Principal Uses, 270-
60(A)(C) Primary . .Dwell-(
( , ings and'0 7(B) 3,5, &
t l 6 to allow the construction
of an addition to.a 2nd.ex
isdng house located at
326 'h Stone. Quarry Rd, !
TP" 38.-3-5, Low Density)
Residential (LDR)
r
APPEAL of Lakeside i
Nursing Home, -Inc, re
� ' • questing - Use and Areaa
Variances from Chapter
270 , 66 'Permitted
y ' Uses', A operate a ng
bed Assisted Living
Program/Adult Home and
' from Chapter 270-68 (G), I
'Adult Daycare more than }
4 Persons' • located at
1229-1231 . Trumansburg
Rd, TP H 26.4-46.1 . Me-
dLu�m Density Residential
(MDR)•^ � i
APPEAL of Venzon. Inc;
t Jarred Lusk, Agent, re-
questing a Height Var-
iance from Chapter 270-
59, 'Height' & Chapter
j 270-219(F) "Fall Area', to
i allow the construction of a
telecommunications tower
',.located at 651 Five Mlle
Dr, TP# 31 :2-25.2, Low
4
Density Residential (LDR).
Assistance. wilbbe Provid-
ed for individuals with se AL
needs, upon quest,
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 17 `h day of August, 2009 , deponent served the attached notice upon
the attached list of people by depositing same enclosed in a posta e-paid addressed
wrapper, in a post office under the exclusive care and custody f he n ' ted States Post
Office within the State of New York
Paulette Terwilliger
Sworn to 6fore me thisdray of , 204,
�.' `.Notary Publz
KAREN M, BILLINGS
Notary Public, State of New York
No, 01B16179590
Qualified in Tompkins Counttyy
Commission Expires December 2d, 2011
Correction
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Tuesday, August 25 , 2009
215 North Tioga Street, Ithaca
7 : 00 P . M .
APPEAL of IQS Construction , Owner; Alexander Holgate , Agent , requesting an Area
Variance & possible Use Variance from Chapters 270-26 Principal Uses , 270-60 (A) (C )
Primary Dwellings and 270-57 ( B) 3 , 57 & 6 to allow the construction of an addition to a 2 "d
existing house located at 326 '/2 Stone Quarry Rd , TP # 38 . -3-5 , Low Density Residential
( LDR)
APPEAL of Lakeside Nursing Home , Inc , requesting Use and Area Variances from
Chapter 270 — 66 " Permitted Uses" , to operate a 90-bed Assisted Living Program/Adult
Home and from Chapter 270-68 (G ) , "Adult Daycare more than 4 Persons" located at
1229- 1231 Trumansburg Rd , TP # 26 . -4-46 . 1 , Medium Density Residential ( MDR)
APPEAL of Verizon , Inc ; Jarred Lusk , Agent , requesting a Height Variance from
Chapter 270-59 , " Height" & Chapter 270-219 ( F) " Fall Area" , to allow the construction of
a telecommunications tower located at 651 Five Mile Dr, TP# 31 . -2-25 . 2 , Low Density
Residential (LDR ) .
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/ 17/2009
Published : 8/ 18/2009
r
i
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 25 , 2009
7 : 00 P . M .
Date of Publication : Monday , August 17 , 2009
Location of Sign Board Used for Posting : Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca , NY 14850
Date of Posting : August 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 17th Woffust , 2009 .
Notary Public
r
t
0
Wgals x. .050` Legais ..M _ 0 Eegals„ „ ;x 050
Program/Adult Home and requests should be , made
APPEAL of IQS Con- from Chapter 270-68 (G), not less than 48 hours pri-
�struction, Owner; Alexand- "Adult Daycare more than or to the public hearings.
ger Holgate. Agent, re- 4 Persons; located at
'questing an Area Variance 1229- 1231 Trumansburg Bruce W. Bates
)& possible Use Variance Rd. TP li 26.-4-46. 1 , Medi- Director of Code
from Chapters 270-26 um Density Residential Enforcement
Principal Uses, 270- (MDR) 607-273-1783 -
60(A)(C) Primary Dwell-
ings and 270-57(B) 3,5, & APPEAL of Verizon. Inc; Dated: 8/14/2009 '
6 to allow the construction Jarred Lusk, Agent, re- Published: 8/ 17/2009 j
of an addition to a 2nd ex- questing a Height Variance 8/ 17/2009 I
isting house 'located at from Chapter 270-59, -- -
_ 326 '/i Stone Quarry Rd, 'Height' & Chapter 270-
TP# 38.-3-5, Low Density 219(F) 'Fall Area', to allow
TOWN OF ITHACA Residential (LDR) ' the construction of a tele-
ZONING BOARD OF communications tower lo-
APPEALS APPEAL of Lakeside cated at 651 Five Mile Dr,
NOTICE OF PUBLIC ' Nursing Home, Inc, re- TP# 31 .-2-25.2, Low Den-
HEARINGS questing Use and Area sity Residential (LDR).
' MONDAY, Variances from Chapter
August 25, 2009 270 - 66 'Permitted Assistance will be provid-
215 North Tioga Uses', to operate a 90- ed for individuals with spe-
Street, Ithaca bed Assisted Living cial needs, upon request;
7:00 P.M.
4 I
I
, 11
i '
f w 1 n
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, August 25 , 2009
215 North Tioga Street, Ithaca
7 : 00 P. M .
APPEAL of IQS Construction , Owner; Alexander Holgate , Agent, requesting an Area
Variance & possible Use Variance from Chapters 270-26 Principal Uses , 270-60 (A) (C)
Primary Dwellings and 270-57 ( B ) 315 , & 6 to allow the construction of an addition to a 2"d
existing house located at 326 1/2 Stone Quarry Rd , TP# 38 . -3-5 , Low Density Residential
( LDR)
APPEAL of Lakeside Nursing Home , Inc , requesting Use and Area Variances from
Chapter 270 — 66 " Permitted Uses" , to operate a 90- bed Assisted Living Program/Adult
Home and from Chapter 270-68 ( G ) , "Adult Daycare more than 4 Persons" located at
1229- 1231 Trumansburg Rd , TP # 26 . -4-46 . 1 , Medium Density Residential ( MDR)
APPEAL of Verizon , Inc ; Jarred Lusk, Agent , requesting a Height Variance from
Chapter 270 -59 , " Height" & Chapter 270-219( F) " Fall Area" , to allow the construction of
a telecommunications tower located at 651 Five Mile Dr, TP# 31 . -2 -25 . 2, Low Density
Residential ( LDR) .
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/ 14/2009
Published : 8/ 17/2009
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 14'h day of August, 2009, deponent served the attached notice upon
the attached list of people by depositing same enclosed in apal ge-paid addressed
wrapper, in a post office under the exclusive care and custody f th U ' ted States Post
Office within the State of New York - `
aulette Terwilliger
Sworn to before me this L day of 2011 � .
f Notary Pub ' c
1 '
KAREN M . BILLINGS
T Notary Public, State of New York
= No. 01B16179590
" Qualified in Tompkins County
t T. Com,-nission Expires December 24, 2011
® Correction
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Tuesday, August 25 , 2009
215 North Tioga Street, Ithaca
7 : 00 P. M .
APPEAL of IQS Construction , Owner; Alexander Holgate , Agent , requesting an Area
Variance & possible Use Variance from Chapters 270-26 Principal Uses , 270 -60 (A) (C )
Primary Dwellings and 270 -57 ( B) 3751 & 6 to allow the construction of an addition to a 2nd
existing house located at 326 '/2 Stone Quarry Rd , TP# 38 . -3 -5 , Low Density Residential
( LDR)
APPEAL of Lakeside Nursing Home , Inc , requesting Use and Area Variances from
Chapter 270 — 66 " Permitted Uses" , to operate a 90 - bed Assisted Living Program/Adult
Home and from Chapter 270-68 ( G ) , "Adult Daycare more than 4 Persons" located at
1229 - 1231 Trumansburg Rd , TP # 26 . -4-46 . 1 , Medium Density Residential ( MDR)
APPEAL of Verizon , Inc ; Jarred Lusk , Agent , requesting a Height Variance from
Chapter 270 -59 , " Height" & Chapter 270 -219 ( F) " Fall Area" , to allow the construction of
a telecommunications tower located at 651 Five Mile Dr, TP# 31 . -2 -25 . 2 , Low Density
Residential ( LDR) .
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 : 8/17/2009
Published : 8/ 18/2009
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, August 25 , 2009
215 North Tioga Street, Ithaca
7 : 00 P . M .
APPEAL of IQS Construction , Owner; Alexander Holgate , Agent, requesting an Area
Variance & possible Use Variance from Chapters 270 -26 Principal Uses , 270-60 (A) (C )
Primary Dwellings and 270-57( B ) 3951 & 6 to allow the construction of an addition to a 2nd
existing house located at 326 '/2 Stone Quarry Rd , TP# 38 . -3-5 , Low Density Residential
( LDR)
APPEAL of Lakeside Nursing Home , Inc , requesting Use and Area Variances from
Chapter 270 — 66 " Permitted Uses" , to operate a 90- bed Assisted Living Program/Adult
Home and from Chapter 270-68 ( G ) , "Adult Daycare more than 4 Persons" located at
1229 - 1231 Trumansburg Rd , TP # 26 . -4 -46 . 1 , Medium Density Residential ( MDR)
APPEAL of Verizon , Inc ; Jarred Lusk , Agent , requesting a Height Variance from
Chapter 270 -59 , " Height" & Chapter 270-219( F) " Fall Area" , to allow the construction of
a telecommunications tower located at 651 Five Mile Dr, TP# 31 . -2-25 . 2 , Low Density
Residential ( LDR ) .
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/ 14/2009
Published : 8/ 17/2009
HOUGATE
Bullock, Alice M Capalongo, Vincent Finger Lakes State Parks
322 Stone Quarry Rd 329 Stone Quarry Rd Finger Lakes State Parks
®aca, NY 14850 Ithaca, NY 14850 Trumansburg , NY 14886
Goodloe , Wm & Judith Holgate, Alexander J Ithaca College
337 Stone Quarry Rd 326 1 /2 Stone Quarry Rd 953 Danby Rd , Job Hall
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Poleskie , Steve Mackin , Jeanne A Weiss , Gary & Erica K
PO Box 849 318 Stone Quarry Rd
Ithaca, NY 14851 Ithaca, NY 14850
1 n , I ., VAcOlV� 47� ` 'r"Y „un... v14;ycru wu./ unu � y n UlW � ( iG u1tV} c1 F1 Uj�ClllJ!!� `
qif 3l ,FJ iAd ullM 3141JL'(It1i0� fJ/a 7. 1( I. �7.IS jaQBJ
Phillip & Mary Bontzolakes Cornell UniversityReal Estate Department Denmark Development Inc .
®
1235 Trumansburg Road 407 Wyckoff Avenue Ithaca, NY 14850 Box DH , 15 'Thornwood Drive Ithaca, NY 14850
Ithaca , NY 14853 -2801
Lloyd Ellis Jr. Melvin & Aileen Ellis Rudolph Fedrizzi
116 Bundy Road 118 Bundy Road Heidi Rinehart
Ithaca, NY 14850 Ithaca, NY 14850 1220 Trumansburg Road
Ithaca, NY 14850
William & June Gilligan GY Corporation Robin Hamlisch
1224 Trumansburg Road 205 Elmira Road 1230 Trumansburg Road
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Holochuck Homes , LLC Janet Kotmel William & Patricia Lower
7 Brightside Avenue 1232 Trumansburg Road 433 Floral Avenue
East Northport , NY 11731 Ithaca, NY 14850 Ithaca, NY 14850
Brian & Christine McNeal Brian & Sonyo Page Nancy Jamison Peckenpaugh
1215 Trumansburg Road 1213 Trumansburg Road 1216 Trumansburg Road
® Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Mary Prosperi Peter & Donna Rodgers Seventh Day Adventists
2
1223 Trumansburg Road 230 Cliff Park Road 1Archie Brown
1219 Trumansburg Road
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Joseph Scaglione Nancy Vallely Peter & Sally Vanidistine
1223 Trumansburg Road P . O . Box 3998 1226 Trumansburg Road
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Mark Farchione , Esq . Kristin E . Gutenberger, Esq .
rmmnanies Barney, Grossman , Dubow & Marcus
ding Attorneys
Suite 500 119 E . Se
Syracuse , NY 13202 Ithaca, NY 14850
a
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Catholic Cemetery Assoc . City of Ithaca Ithaca City School District
113 N . Geneva Street 108 E . Green Street Attn : Business Manager
® Ithaca, NY 14850 Ithaca, NY 14850 400 Lake Street
Ithaca, NY 14850
Theo Jenks Melanie Claire Mallsion NYSOPRHPFinger Lakes State Parks Region
655 Five Mile Drive 658 Five Mile Drive 2221 Taughannock Park Road
Ithaca, NY 14850 Ithaca, NY 14850 Trumansburg , NY 14886
Pennsylvania Lines LLC People of State of New York
Norfolk Southern Rail Co . Commissioner of Parks & Rec . Edward & Brigid Shipman
110 Franklin Road SE Agency Bldg . # 1 681 Five Mile Drive
Roanoke , VA 24042 -0028 Empire State Plaza Ithaca, NY 14850
Albany, NY 12238
Alice Snyder Timothy Terpening Stacy Wright
662 Five Mile Drive 404 N . Wilbur Avenue 6045 Stillwell Road
Ithaca, NY 14850 Sayre, PA 18840 Trumansburg, NY 14886
T lncrarA r`oti • • � ,. _ * T twork
rinnn CeArrntt Costich Engineering , PC
ess 217 Lake Avenue
Rochester, NY 14623 Rochester, NY 14608
Nixon PPahnA ., i r P
Joseph & Patricia Amato Daniel & Janet Aneshansley
504 Five Mile Drive 118 Glenside Road
. r 1 &+604- 1051 Ithaca, NY 14850 Ithaca , NY 14850
Athula Attygalle Micheryl Blake Claudia Brenner
Miho Yamakawa 720 Five Mile Drive 133 Glenside Road
1000 Hudson Street , Apt . 403 Ithaca, NY 14850 Ithaca, NY 14850
Hoboken , NJ 07030-6819
William Burbank Christopher Clapper
Jennifer Conklin f . M
Eloise Stewart Jason Kahabka 493 Five Mile lariv(.
132 Glenside Road 107 Glenside Road Ithaca, NY 14850
Ithaca, NY 14850 Ithaca, NY 14850 '
Catherine Cook County of Tompkins Denmark Development Inc ,
209 Coy Glen Road Department of Public Works P. O . Box 318
Ithaca, NY 14850 170 Bostwick Road Jacksonville , NY 14854
Ithaca, NY 14850 r
t
4 i
Harold & Margaret Dininny John Dowd Catherine Feitzinger
123 Glenside Road I I 1 Coy Glen Road 126 N . Board Street
Ithaca, NY 14850 Ithaca, NY 14850 Norwich, NY 13815 j
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VERIZON 2
Beth & Daniel Farr First Assembly ole God Church Eanna Flanagan
5 Hackberry Lane 197 Bostwick Rodd Shelby Dietz
Ithaca , NY 14850 Ithaca, NY 14850 496 Five Mile Drive
Ithaca, NY 14850
Ardyth & Gilbert Gillespie Mark Glos orae
Lorraine Moran nger Stanley Green
144 Coy Glen Road 204 Glenside Road
Ithaca, NY 14850 4 Hackberry Lane Ithaca, NY 14850
Ithaca, NY 14850
Susan Harville Matthia & Kerstine Hesse Hull Family Trust
109 Coy Glen Road 112 Glenside Road c/o Larry Hull
Ithaca, NY 14850 Ithaca, NY 14850 425 Floral Avenue
Ithaca, NY 14850
IAL Inc . Misty Johnson Anne Kenney
P. O . Box 184 492 Five Mile Drive 5 Hackberry Lane
Ithaca, NY 14851 Ithaca, NY 14850 Ithaca, NY 14850
Anne Kenney William Lower David Mankin
3 Hackberry Lane 433 Floral Avenue 101 Coy Glen Road
® Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Kenneth McClane Charles McGurk Louis & Martha Mobbs
Rochelle Woods Nicole McGurk-Segers c/o William Mobbs
114 Glenside Road 60 Colegrove Road 272 Enfield Falls Road
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Wendi Marie Owens
Sylvia Moran Bob Orshalom Denise Owens — Custodian
8049 Centre Lane 726 Five Mile Drive
E . Amherst, NY 14051 Ithaca, NY 14850 22 Lebanon Street
Hamilton , NY 13346
People of New York State
Dorothy & Robert Park Janice Post
8711 Hills Dell Drive New York State Comptroller 506 Five Mile Drive
Alfred Smith Office Building
Concord , NC 28027 Ithaca, NY 1485
Albany , NY 12236 ( )
RHWL Realty Judith Raabe John Rogers
427 Floral Avenue 494 Five Mile Drive 721 Five Mile Drive , Apt .
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Isabella Spencer
David Ruddy Ae : Winne Vannederynen Srnka Bros . Investments , LP
tt
124 Glenside Road
10
tt Glenside Road 7108 Sanctuary Heights Ct .
Ithaca, NY 14850 Fort Worth , TX 76132
Ithaca , NY 14850-9367
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VERIZON 3
Richard Strauss Jeffrey & Diane Sweet Stephen & Jai Sweet
109 Glenside Road 691 Five Mile Drive 115 Glenside Road
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Dierk & Alice TerLouw . Betty Turco Gary Dale Underwood
603 Five Mile Drive 200 Glenside Road 108 Fidler Road
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Christopher VanHorn Marcella Werner Joseph Wetmore
110 Glenside Road 117 Coy Glen Road 128 Glenside Road
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Philip White Jr. Brian & Lisa Witchey John Young
348 S . Applegate Road 723 Five Mile Drive Susan Barnett
Ithaca, NY 14850 Ithaca, NY 14850 410 Triphammer Road
Ithaca, NY 14850
Mark Zifchock P
855 Five Mile Drive
Ithaca, NY 14850 e
Rochester, NY 14604
ted*
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TOWN OF ITHACA
ZONING BOARD OF APPEALS
SIGN - IN SHEET
DATE : August 25 , 2009
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION
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