HomeMy WebLinkAboutZBA Minutes 2009-12-21 ® TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday, December 21 , 2009
215 North Tioga .Street, Ithaca
7 : 00 PM .
APPEAL of South Hill Business Campus , Linda Luciano , Agent from the Code of the
Town of Ithaca , Chapter 221 , "Signs" to retain existing sign (s) and install additional
freestanding sign (s) at 950 Danby Rd , TP # 39 . - 1 - 1 . 1 , Planned Development Zone # 12 .
APPEAL of Judy Mauk, requesting a variance from the Code of the Town of Ithaca ,
Chapter 270 , Article IX , Section 270-71 (c) , to allow insufficient Side yard setback for an
existing garage at 147 Pine Tree Rd , Tax Parcel #57. - 1 -33 , Medium Density Residential
Zone ( MDR ) .
APPEAL of Nicholas DeMuth , Mary Russell , Agent ; requesting Area Variances from the
Code of the Town of Ithaca , Chapter 270 , Article IX , Section 270-71 (e ) to be allowed
accessory buildings in the front yard . Property located at 101 Spruce Way , Tax Parcel
# 42 . - 1 -2 . 4 , Medium Density Residential , ( MDR) .
APPEAL of George Sheldrake requesting an interpretation of whether a proposed
greenhouse that will be open to the public is a Retail Business or a Farmstand . Both
interpretations would require a variance from the Code of the Town of Ithaca , Chapter
225 , Section 225-8 , "Sprinklers" and possible variances from Chapter 270 , Article VIII ,
Section 270-54 " Permitted Principle Use" or Section 270-56 ( h ) . The proposed
greenhouse will be located at 716 Elmira Rd , Tax Parcel #33 . -2-7 . 2 , Low Density
Residential Zone ( 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 : 12/9/2009
Published : 12/14/2009
TOWN OF ITHACA
ZONING BOARD OF APPEALS
SIGN - IN SHEET
DATE : December 21 , 2009
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FILE
DATE i - G - ( o-
TOWN
( yTOWN OF ITHACA ZONING BOARD OF APPEALS
Monday, December 21 , 2009
215 North Tioga Street, Ithaca
7 : 00 P. M .
APPEAL of South Hill Business Campus, Linda Luciano, Agent from the Code of
the Town of Ithaca , Chapter 221 , " Signs" to retain existing sign(s) and install
additional freestanding sign(s) at 950 Danby Rd , TP # 39.- 1 -1 . 1 , Planned
Development Zone #12.
LINDA LUCIANO , Property Manager
Ms . Luciano gave a brief summary of the appeal . There are three signs with issues
ranging from too many free-standing signs , their location and one , the canopy sign , is
projecting out and is not flat. She stated that the signs are not in compliance and some
don 't have permits .
Chairman Sigel asked if the Board had any questions regarding SEQR . There were
none .
ADOPTED RESOLUTION , ZBA RESOLUTION No. 2009 — 51 Environmental
Assessment, South Hill Business Campus, Signs, 950 Danby Road,
TP # 39.- 1 -1 . 1 , Planned Development Zone #12 , December 21 , 2009
Motion made by Kirk Sigel , seconded by Jim Niefer
RESOLVED that this Board makes a negative determination of environmental
significance for the reasons stated in Part 2 of the Environmental Assessment Form
prepared by Town Staff .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
Motion passed unanimously .
Discussion followed with descriptions of the signs , their locations and the specific
variances needed for each . The Board felt that the signs were needed , were not
obtrusive and the request was not substantial .
Chairman Sigel opened the public hearing at 7 : 08 p . m . There was no one wishing to
address the Board on the appeal and the public hearing was closed at 7 : 09 p . m .
ZBA Final 12-21 -2009
Page 2 of 9
ADOPTED RESOLUTION , ZBA RESOLUTION No . 2009 — 52
Sign Variance(s), South Hill Business Campus, 950 Danby Road ,
TP # 39 .- 1 -1 . 1 , Planned Development Zone # 12 , December 21 , 2009
Motion made by Kirk Sigel , seconded by Jim Niefer
RESOLVED that this Board grants the appeal of South Hill Business Campus
requesting variances from Chapter 221 , "Signs" , to retain existing signs and install an
additional freestanding sign at 950 Danby Rd , TP# 39 . - 1 - 1 . 1 , Planned Development
Zone # 12 , with the following specific variances granted to each individual sign :
Sign #2 is granted a variance from Section 221 -7 , (c) (4) , allowing the sign to not be
placed in the front yard and allowing the sign to be placed less than 15 feet from the
pavement, and also a variance from Section 221 -6 , (2b) , allowing more than one free -
standing sign on the premises . With the following conditions :
a . that the sign be no greater than 32 square feet , and
b . that it remain in its present location .
Sign # 3 is granted a variance from Section 221 -7 , (d) (5 & 6) , allowing the sign to exist
without the letters being affixed flat to the surface and allowing more than a single line
® of lettering and allowing the letters to exceed 6 inches in height, with the following
1� condition :
a . that this sign remain in its current location , and
b . that the sign be no greater than 38 square feet.
Sign #4 is granted a variance from Section 221 -7 , (c) (4) , to allow the sign to be placed
outside of the front yard and within 15 feet of the pavement, and additionally a variance
from Section 221 -6 , ( b) (2) , allowing more than one free-standing sign on the premises ,
with the further condition
a . that this sign be constructed as indicated on the applicant's plans , and
b . placed in the location indicated by the applicant, and
c . be no greater than 20 square feet.
With the following findings , pertaining to all three signs :
FINDINGS .
That the benefit to the applicant outweighs any detriment to the community .
Specifically:
1 . That it does not appear that the applicant can achieve the benefit they wish to by any
(� other means feasible given that they have a large property and need several signs to
direct visitors to the appropriate entrance , and
ZBA Final 12-21 -2009
Page 3 of 9
2 . That there will not be an undesirable change in neighborhood character or to nearby
properties given that these additional signs are either difficult to see or impossible to
see from the public right-of-way , and
3 . That the request is not substantial given the size of the facility, and
4 . That there will not be adverse physical or environmental effects , and
5 . That while the alleged difficulty is self-created , nevertheless , the benefit to the
applicant outweighs any detriment to the health , safety and welfare of the community.
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
APPEAL of Judy Mauk, requesting a variance from the Code of the Town of
Ithaca, Chapter 270, Article IX, Section 270=71 (c), to allow insufficient side yard
setback for an existing garage at 147 Pine Tree Rd , Tax Parcel #57.-1 -33, Medium
Density Residential Zone (MDR).
Steve Mauk, 147 Pine Tree Road : Mr. Mauk gave a brief overview stating that the
garage was originally built in the 1950' s with an addition added in 1984 with the same
dimensions . When he went to re- roof the garage , it was discovered that there was an
issue with the setbacks . Mr. Mauk was confused because a building permit was
submitted , approved and a certificate of occupancy issued back in 1984 for the addition .
Chairman Sigel explained that when the addition was added , the setback changed and
sometimes these issues come up because they were missed .
Chairman Sigel opened the public hearing at 7 : 16 p . m .
Frank Baldwin , 149 Pine Tree Road : Mr. Baldwin stated the following : " I appreciate
that the town is being a bit more alert and monitoring what's going on . We never knew
that construction was going to occur until it occurred . We lost our sun from the southern
exposure of our house . Shortly before that, we built another room , a bedroom , which
had a solar brick wall , which caught the sun to give us heat in the evening . We are not
interested having the illegal construction torn down , we are interested in the process
that the town goes through to approve construction , and specifically, I am concerned
about a completely unrelated thing that is dangerous , and that's a slab of stone that was
put on a bike trail near Tudor Park . There is a lot of loose stone on this bike trail . If a
bike comes down and a guy hits his head on the corner of the stone bridge that comes
to one person ' s house , he's gonna get killed . This is something that I ' m concerned
about mostly. How did this get approved ?
ZBA Final 12-21 -2009
Page 4 of 9
Blythe Baldwin : The whole addition thing is ancient history . I think, the point we want to
make is that the town needs to be vigilant with things that are happening , not notice
them 25 years later. The reason that Frank is bringing up the whole bridge thing is this
is the perfect thing [ inaudible] , people slip . The point we are trying to make is , the town
needs to be vigilant as these things occur, and 25 years later, it's kind of silly, especially
for Steve and Judy to be down here . We just want the town to be on top of things , that' s
all .
There was no one else wishing to address the board at this time and the public hearing
was closed .
Mr. Bates asked the Baldwins for additional details and then stated that he would turn
the picture and their contact information over the Director of Public Works .
Adopted Resolution ZBA Resolution No 2009 — 053 Area Variance
Judy Mauk, 147 Pine Tree Rd , TP# 57.= 1 -33 December 21 , 2009
Motion made by Kirk Sigel , seconded by Jim Niefer.
Motion made by Kirk Sigel , seconded by Jim Niefer.
RESOLVED that this board grant the appeal of Judy Mauk, requesting a variance from
Town Code 270-71 to allow insufficient side yard setback for an existing garage at 147
Pine Tree Road , Tax Parcel 57- 1 -33 medium -density residential zone , with the
following :
CONDITIONS :
1 . That the setback be no less than 11 1/2 feet, and
2 . that there be no enlargement of the non -conformity within the required 15 foot
side yard setback.
FINDINGS :
The benefit to the applicant does outweigh any detriment to the health , safety and
welfare of the community . Specifically ;
1 . The benefit which the applicant wishes to achieve , which is that of being allowed
to maintain a 25-year old addition , cannot be achieved by any other feasible
means , other than this variance because anything else would require the addition
to be removed , and
2 * that there will not be an undesirable change in the neighborhood character or to
nearby properties , given that the expansion has been in place for 25 year, and
ZBA Final 12-21 -2009
Page 5 of 9
3 , that the request is not substantial being approximately 3 feet of the 15 foot
required setback, and
44 that there will not be adverse physical or environmental effects , and
5 , that while the alleged difficulty is self-created , nevertheless , the benefit to the
applicant does outweigh any detriment to the health , safety and welfare of the
community .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
Motion passed unanimously .
APPEAL of Nicholas DeMuth , Mary Russell , Agent; requesting Area Variances
from the Code of the Town of Ithaca, Chapter 270, Article IX , Section 270-71 (e) to
be allowed accessory buildings in the front yard. Property located at 101 Spruce
Way, Tax Parcel # 42.=1 -2. 4, Medium Density Residential , ( MDR).
Nicholas DeMuth , 101 Spruce Way and Mary Russell , Attorney:
® Ms . Russell gave an overview of the appeal stating that because there is a NYSEG
easement running across the rear yard of this property, it is difficult for the applicant to
have accessory buildings in the rear yard . The easement is 30 foot wide with not only
wires , but a gas line underneath . Ms . Russell had an updated survey map that she
gave to the board which also showed a stockade fence that does not line up with the
property line . Discussion followed .
Mr. Bates pointed out that a building permit is not required for either of the structures
because they are below the size threshold . The shed has been there for 10 years or so
and the gazebo was erected in the past year.
The board discussed several aspects of the appeal . Board Member Krantz stated that
the purpose of the rule that you don 't want to have accessory buildings in the front yard
or side yard , is to keep the neighborhood attractive , and it seems to me that a small
gazebo like this is really not making the neighborhood less attractive . If anything , it
adds a little attractiveness to it. He added that all of the neighbors are supportive of the
gazebo remaining .
The board then discussed whether the structures were moveable and it was determined
that they were , although it would be quite expensive due to the size of the gazebo and
the fence .
The board was concerned about setting precedent and discussed what kind of
limitations could be placed on the variance such as a sunset or time limit to move the
ZBA Final 12-21 -2009
Page 6 of 9
structures . Discussion followed . The board was not concerned with the shed , but
thought the variance for the gazebo needed conditions . Discussion followed .
Chairman Sigel opened the public hearing at 8 : 06 p . m . There was no one wishing to
address the board on the appeal and the public hearing was closed .
ADOPTED RESOLUTION ZBA Resolution No. 2009 — 054 Area Variance
Nicholas DeMuth 101 Spruce Way TP# 42 .-1 -2 .4 December 21 , 2009
Motion made by Kirk Sigel , seconded by Harry Ellsworth .
Resolved that this board grants the appeal of Nicolas Demuth , requesting area
variances from Chapter 70 , Section 71 E , to allow accessory buildings in the front yard
for a property located at 101 Spruce Way, Tax Parcel #42- 1 -2 . 4 , medium -density
residential zone with the following :
CONDITIONS
In the case of the shed :
1 . That it be no greater than 100 square feet, and
10 2 , that it remain in its present location .
In the case of the gazebo :
1 . That this variance is granted for a period of ten years , and
2 . that the location , configuration , size , and all aspects of the gazebo remain as
they are .
With the following :
FINDINGS
That the benefit to the applicant does outweigh the detriment to the health , safety and
welfare of the community , specifically:
1 . In the case of the shed , the benefit which the applicant wishes to achieve cannot
be met by any other means feasible , given the various easements across his
property close to the house ; this location for the shed appears to be the most
reasonable to serve its purpose .
2 . In the case of the gazebo , the benefit the applicant wishes to achieve could be
achieved by other means feasible , but this Board , in consideration of the cost
and effort to place the gazebo inadvertently where it is , is granting the ten year
allowance for the gazebo in its current location , at which point it will either need
to be removed from the property or moved to a conforming location , and
ZBA Final 12-21 -2009
Page 7 of 9
3 , that there will not be an undesirable change to the neighborhood character or to
nearby properties by either structure , given that the shed has been there for ten
years and it has significant vegetative screening and it is on the side of the
property and is to be maintained , and not likely to cause any unsightly
appearance to neighbors , and given the evidence of the neighbors being in favor
of the gazebo , and
4 , that the request, in the case of the gazebo , this Board finds is substantial , but is
mitigated by the ten year time limit, and
5 , that the request will not have adverse physical or environmental effects , and
6 , that the alleged difficulty is found to be self-created , and again , the ten year time
limit mitigates this , making the benefit to the applicant outweigh any detriment to
the health , safety and welfare of the community.
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
Motion passed unanimously.
APPEAL of George Sheldrake requesting an interpretation of whether a proposed
greenhouse that will be open to the public is a Retail Business or a Farmstand.
Both interpretations would require a variance from the Code of the Town of
Ithaca , Chapter 225, Section 225-8, " Sprinklers " and possible variances from
Chapter 270 , Article VIII , Section 270=54 " Permitted Principle Use" or Section 270-
56 ( h). The proposed greenhouse will be located at 716 Elmira Rd, Tax Parcel
#33 .=2-7. 2, Low Density Residential Zone ( LDR)
George Sheldrake , Owner gave a summary of the appeal stating that he is proposing
to build a new greenhouse for plant production and moving most of his sales to it .
Board Member Sigel stated for the record that Mr. Sheldrake plows his driveway but he
did not feel that it was significant enough to warrant his recusing himself.
There was some discussion about how to proceed with the appeal because of
Tompkins County Planning 239 review and they sent a letter today stating that they
needed more details on the site plan . Discussion followed . Ms . Brock stated that the
Board could do an interpretation , but could not take any action on the variances .
The Board asked questions about the building and Mr. Sheldrake ' s plans for it. Mr.
Sheldrake stated that he would be growing almost all the items for sale but he did want
to offer seeds , mulch , planters and those types of things for his clients' convenience .
Discussion followed .
ZBA Final 12-21 -2009
Page 8 of 9
Chairman Sigel opened the public hearing at 8 : 46 p . m . There was no one wishing to
address the board on the appeal and the public hearing was closed .
ADOPTED RESOLUTION ZBA Resolution No. 2009 — 055 Interpretation
George Sheldrake Greenhouse 716 Elmira Rd TP# 33.-2-7 .2
December 21 , 2009
Motion made by Kirk Sigel , seconded by Harry Ellsworth .
Resolved that in regard to the appeal of George Sheldrake , requesting variances for
farm stands at 716 Elmira Road , Tax Parcel 33-2-7 . 2 that this Board makes the finding
that based on the information provided by Mr. Sheldrake in his packet and testimony
given this evening , that his proposed greenhouse and accompanying movable farm
stand both meet the definition of a roadside stand or other structure , because the
majority of the products sold will be derived from or produced on his farm . This motion
is an interpretation in relation to Section 270-56 ( h ) Roadside and Other Structures .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
Motion passed unanimously.
The Board then discussed Mr. Sheldrake' s request for a sprinkler variance . Board
Members asked for a layout of the path of travel and how people would walk within the
building and . how far they would have to go to get to an exit as well as the expected
occupancy number.
Mr. Bates responded that the information he had at the time did not have a lot of
information and he had been working with Mr. Sheldrake to get it. He stated that there
are doors on all four sides of the building . The tentative plan does show two doors in
the front and sliding doors on each side of the building . He is allowed up to 12 , 000
square feet, under NYS Code . Mr. Sheldrake added that given that it was a
greenhouse , there would be water available throughout, very little combustibles within ,
and hoses all over the place .
The Board was favorably inclined to grant the variance and therefore moved to adjourn
the appeal while waiting for the County to fulfill its GML requirements .
ZBA Final 12-21 -2009
Page 9 of 9
ADOPTED RESOLUTION ZBA Resolution No. 2009 — 056 Adjournment
George Sheldrake Greenhouse 716 Elmira Rd TP# 33.-24 . 2 December 21 , 2009
Motion made by Kirk Sigel , seconded by Harry Ellsworth .
Resolved that this Board adjourns the appeal of George Sheldrake to such a time that
we have a proper reply from the County Planning Department , or at least 30 days from
the time the County receives the full statement of the proposed action .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
Motion passed unanimously .
ADOPTED RESOLUTION ZBA Resolution No. 2009 — 057 Recommendation for
ZBA Chair December 21 , 2009
Motion made by Jim Niefer, seconded by Ron Krantz
Resolved that this Board recommends to the Town Board of the Town of Ithaca that
Kirk Sigel be re-appointed as the Chair of the Town of Ithaca Zoning Board of appeals .
A vote on the motion was as follows :
Ayes : Mann , Krantz, Ellsworth , Mountin and Niefer
Nays : None
Abstention : Sigel
Motion passed unanimously .
ADOPTED RESOLUTION ZBA Resolution No. 2009 — 058 2010 Schedule Zoning
Board of Appeals December 21 , 2009
Motion made by Kirk Sigel , seconded by Harry Ellsworth .
Resolved that this Board adopt the meeting schedule for the Zoning Board of Appeals
as submitted .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
Motion passed unanimously .
Meeting adjourned at 9 : 00 p . m .
Kirk Sigel , Chairman
FILE
DATE - av
ADOPTED RESOLUTION ZBA RESOLUTION No. 2009 — 51
Environmental Assessment
South Hill Business Campus
Signs
950 Danby Road
TP # 39.- 1 -1 . 1 ,
Planned Development Zone # 12
December 21 , 2009
Motion made by Kirk Sigel , seconded by Jim Niefer
RESOLVED that this Board makes a negative determination of environmental
significance for the reasons stated in Part 2 of the Environmental Assessment
Form prepared by Town Staff .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
® Nays : None
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 at a regular
meetingo the 21 st day of December 2009 .
Deputy own Clerk, Town of Ithaca
FILE r
DATE - JL- JL
ADOPTED RESOLUTION ZBA RESOLUTION No. 2009 - 52
Sign Variance(s)
South Hill Business Campus
950 Danby Road
TP # 39.-1 - 1 . 1
Planned Development Zone #12
December 21 , 2009
Motion made by Kirk Sigel , seconded by Jim Niefer
RESOLVED that this Board grants the appeal of South Hill Business Campus
requesting variances from Chapter 221 , "Signs" , to retain existing signs and
install an additional freestanding sign at 950 Danby Rd , TP# 39 . - 1 - 1 . 1 , Planned
Development Zone # 12 , with the following specific variances granted to each
individual sign :
Sign #2 is granted a variance from Section 221 -7 , (c) (4) , allowing the sign to not
be placed in the front yard and allowing the sign to be placed less than 15 feet
from the pavement, and also a variance from Section 221 -6 , (2b) , allowing more
® than one free-standing sign on the premises . With the following conditions :
® a . that the sign be no greater than 32 square feet, and
b . that it remain in its present location .
Sign #3 is . granted a variance from Section 221 -7 , (d ) (5 & 6) , allowing the sign to
exist without the letters being affixed flat to the surface and allowing more than a
single line of lettering and allowing the letters to exceed 6 inches in height , with
the following condition :
a . that this sign remain in its current location , and
b . that the sign be no greater than 38 square feet.
Sign #4 is granted a variance from Section 221 -7 , (c) (4) , to allow the sign to be
placed outside of the front yard and within 15 feet of the pavement, and
additionally a variance from Section 221 -6 , ( b) (2) , allowing more than one free -
standing sign on the premises , with the further condition
a . that this sign be constructed as indicated on the applicant' s plans , and
b . placed in the location indicated by the applicant , and
c . be no greater than 20 square feet.
With the following findings , pertaining to all three signs :
FINDINGS :
That the benefit to the applicant outweighs any detriment to the community ,
Specifically:
1 . That it does not appear that the applicant can achieve the benefit they wish to
by . any other means feasible given that they have a large property and need
several signs to direct visitors to the appropriate entrance , and
2 . That there will not be an undesirable change in neighborhood character or to
nearby properties given that these additional signs are either difficult to see or
impossible to see from the public right-of-way, and
3 . That the request is not substantial given the size of the facility, and
4 . That there will not be adverse physical or environmental effects , and
5 . That while the alleged difficulty is self-created , nevertheless, the benefit to the
applicant outweighs any detriment to the health , safety and welfare of the
community.
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
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 To:^:n of Ithaca at a regular
meeting the 21 st day of December 2009 .
Deputy Town Clerk, wrown of Ithaca
FILE
DATE
i - jc)
ADOPTED RESOLUTION ZSA RESOLUTION NOi1'2009 — 053
Area Variance
Judy Mauk
147 Pine Tree Rd
Tax Parcel #57.=1 -33
December 21 , 2009
Motion made by Kirk Sigel , seconded by Jim Niefer.
RESOLVED that this board grant the appeal of Judy Mauk, requesting a variance
from Town Code 270-71 to allow insufficient side yard setback for an existing
garage at 147 Pine Tree Road , Tax Parcel 57- 1 -33 medium -density residential
zone , with the following :
CONDITIONS :
1 . That the setback be no less than 11 '/2 feet, and
2 . that there be no enlargement of the non -conformity within the required
15 foot side yard setback.
FINDINGS :
The benefit to the applicant does outweigh any detriment to the health , safety
and welfare of the community. Specifically;
1 . The benefit which the applicant wishes to achieve , which is that of being
allowed to maintain a 25 -year old addition , cannot be achieved by any
other feasible means , other than this variance because anything else
would require the addition to be removed , and
2 , that there will not be an undesirable change in the neighborhood character
or to nearby properties , given that the expansion has been in place for 25
year, and
39 that the request is not substantial being approximately 3 feet of the 15 foot
required setback, and
40 that there will not be adverse physical or environmental effects , and
5o that while the alleged difficulty is self-created , nevertheless , the benefit to
the applicant does outweigh any detriment to the health , safety and
welfare of the community.
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
® Nays : None
'°® 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 at a regular
meeting nn the 21 st day of December 2009 .
C�
Deputy Town Clerk, Town of Ithaca
FILE
DATE
ADOPTED RESOLTION ZBA Resoluti.on 'No: 2009, ':- 054
Area Variance
Nicholas DeMuth
101 Spruce Way
TP# 42 .-1 -2.4
December 21 , 2009
Motion made by Kirk Sigel , seconded by Harry Ellsworth .
Resolved that this board grants the appeal of Nicolas Demuth , requesting area
variances from Chapter 70, Section 71 E , to allow accessory buildings in the front
yard for a property located at 101 Spruce Way, Tax Parcel #42- 1 -2 .4 , medium-
density residential zone with the following :
CONDITIONS
In the case of the shed :
1 . That it be no greater than 100 square feet , and
2 . that it remain in its present location .
® In the case of the gazebo :
1 . That this variance is granted for a period of ten years , and
2 . that the location , configuration , size , and all aspects of the gazebo remain
as they are .
With the following :
FINDINGS
That the benefit to the applicant does outweigh the detriment to the health , safety
and welfare of the community , specifically:
1 . In the case of the shed , the benefit which the applicant wishes to achieve
cannot be met by any other means feasible , given the various easements
across his property close to the house ; this location for the shed appears
to be the most reasonable to serve its purpose .
2 . In the case of the gazebo , the benefit the applicant wishes to achieve
could be achieved by other means feasible , but this Board , in
consideration of the cost and effort to place the gazebo inadvertently
where it is , is granting the ten year allowance for the gazebo in its current
location , at which point it will either need to be removed from the property
or moved to a conforming location , and
3s that there will not be an undesirable change to the neighborhood character
or to nearby properties by either structure , given that the shed has been
there for ten years and it has significant vegetative screening and it is on
the side of the property and is to be maintained , and not likely1to cause
any unsightly appearance to neighbors , and given, the evidence of the
neighbors being in favor of the gazebo , and
4 , that the request , in the case of the gazebo , this Board finds is substantial ,
but is mitigated by the ten year time limit, and
55 that the request will not have adverse physical or environmental effects ,
and
6 , that the alleged difficulty is found to be self-created , and again , the ten
year time limit mitigates this , making the benefit to the applicant outweigh
any detriment to the health , safety and welfare of the community .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
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 0 the Zoning Board of Appeals of the Town of Ithaca at a regular
meeting/o6 the 21St day of December 2009 .
eputy Town Clerk, Town of Ithaca
FILE
DATE
ADOPTED RESOLUTION ZBA Resolution No. 2009 — 055 Interpretation
George Sheldrake Greenhouse 716 Elmira Rd TP# 33.-2-7 .2
December 21 , 2009
Motion made by Kirk Sigel , seconded by Harry Ellsworth .
Resolved that in regard to the appeal of George Sheldrake , requesting variances
for farm stands at 716 Elmira Road , Tax Parcel 33-2-7 . 2 that this Board makes
the finding that based on the information provided by Mr. Sheldrake in his packet
and testimony given this evening , that his proposed greenhouse and
accompanying movable farm stand both meet the definition of a roadside stand
or other structure , because the majority of the products sold will be derived from
or produced on his farm . This motion is an interpretation in relation to Section
270-56 ( h) Roadside and Other Structures.
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
Motion passed unanimously.
AIML
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 at a regular
meeting on--the 21 st day of December 2009 .
Deputy Town Clerk , Town of Ithaca
FILE
DATE
ADOPTED RESOLUTION ZBA Resolution No. 2009 — 056
Adjournment
George Sheldrake Greenhouse
716 Elmira Rd
TP# 33.-2-7 . 2
December 21 , 2009
Motion made by Kirk Sigel , seconded by Harry Ellsworth .
Resolved that this Board adjourns the appeal of George Sheldrake to such a
time that we have a proper reply from the County Planning Department, or at
least 30 days from the time the County receives the full statement of the
proposed action .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
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
adoptedby a Zoning Board of Appeals of the Town of Ithaca at a regular
meeting on t e 21 st day of December 2009 ,
Deputy Town Clerk, Town of Ithaca
FILE
DATE
ADOPTED RESOLUTION ZBA Resolution No. 2009 — 057
Recommendation for ZBA Chair
December 21 , 2009
Motion made by Jim Niefer, seconded by Ron Krantz
Resolved that this Board recommends to the Town Board of the Town of Ithaca
that Kirk Sigel be re-appointed as the Chair of the Town of Ithaca Zoning Board
of appeals .
A vote on the motion was as follows :
Ayes : Mann , Krantz , Ellsworth , Mountin and Niefer
Nays : None
Abstention : Sigel
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 at a regular
meeting the 21 st day of December 2009 ,
C
Deputy Town Clerk, Town of Ithaca
FILE
DATE
ADOPTED RESOLUTION ZBA Resolution No. 2009 - 058
2010 Schedule Zoning Board of Appeals
December 21 , 2009
Motion made by Kirk Sigel , seconded by Harry Ellsworth .
Resolved that this Board adopt the meeting schedule for the Zoning Board of
Appeals as submitted .
A vote on the motion was as follows :
Ayes : Sigel , Krantz , Ellsworth , Mountin and Niefer
Nays : None
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 at a regular
meeting the 21 st day of December 2009 .
i ,
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
MONDAY , DECEMBER 21 , 2009
7 : 00 P . M .
Date of Publication : Monday , December 14 , 2009
Location of Sign Board Used for Posting : Town Hall Lobby
Public Notices Board
215 North Tioga Street
® Ithaca , NY 14850
Date of Posting : December 11 , 2009 A7
Paulette Terwilliger
Deputy Town Clerk
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA)
Sworn to and subscribed before me this 14th day of December, 2009 .
Notdq Public
® DEBRA DEAUGISTINE
NOTARY PUBLIC -STATE OF NEW YORK
No. O1DE6148035
QV011fied In Tompkins County
fly 99thmission Expires June 19, 2010
Legals 050 Igo 01S�= �� r 050
and install additional free- Parcel #33.-2-7.2, Low i,
standing sign(s) at 950 Density Residential Zone f
Danby Rd. TP # 39.-1 -1 . 1 , (LDR) t
Planned Development
Zone # 12. Assistance will be provid- 1
ed for individuals with spe- f
APPEAL of. Judy Mauk, cial needs, upon request; t
requesting a variance from requests shosjld be made NI
the Code of the Town of not less than 48 hours pd- {
Ithaca, Chapter 270, Arti- or to the public hearings. I
cle IX. Section 270-71 (c), i
to allow insufficient Side Bruce W. Bates
yard setback for an exist- Director of Code Enforce- t
ing *garage at 147 Pine ment i
Tree Rd. Tax Parcel #57.= 607-273- 1783
I
1 -33, Medium Density Dated: 12/9/2009 I
Residential Zone (MDR). Published: 12/14/2009
APPEAL of Nicholas
DeMuth, Mary Russell,
Agent; requesting Area i
Variances from the Code
of the Town of Ithaca,
Chapter 270, Article IX 1
Section 270-71 (e) to be I
allowed accessory build- 1
Ings in the front yard. I •
Property located at 101 l
Spruce Way, Tax Parcel # }
42.- 1 -2.4, Medium Densi-
ty Residential, (MDR). I
APPEAL of George
Sheldrake requesting an
TOWN OF ITHACA interpretation of whether a
ZONING BOARD OF proposed greenhouse that
APPEALS will be open to the public
NOTICE OF PUBLIC is a Retail . Business or a
HEARINGS Farmstand. Both interpre-
Monday, December tations would require a
21 , 2009 variance from the Code of
215 North Tioga the Town of Ithaca, Chap-
Street, Ithaca ter 225, Section 225-8,
7:00 P.M. 'Sprinklers' and possible
variances from Chapter
APPEAL of South Hill 270, Article VIII, Section
Business Campus, Linda 270-54 'Permitted Princi-
Luciano, Agent from the ple (ise' or Section 270-
Code of the Town of Itha- 56 (h), The proposed
ca, Chapter 221 , 'Signsgreenhouse will be locat-
to retain existing signs) ed at 716 Elmira Rd, Tax
� 1r' • �•- ' r1
yr " .
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 11th day of December, 2009 , deponent served the attached notice
upon the attached list of people by depositing same enclosed in a postage-paid addressed
wrapper, in a post office under the exclusive care and custody he United States Post
Office within the State of New York
Paulette Terwilliger
Sworn to before me this 14th day of December 2009
1,4
Notary Pu lic
DEBRA DEAUGISTINE
NOTARY PUBLIC-STATE OF NEW YORK
No , OIDE6148035
Qualified in Tompkins County
My Commission Expires June 19, 2010
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