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HomeMy WebLinkAboutZBA Minutes 2010-01-25 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, January 25, 2010 215 North Tioga Street, Ithaca 7 : 00 P. M . AGENDA Continuation Appeal of George Sheldrake requesting an a variance from the Code of the Town of Ithaca , Chapter 270 Section 56 ( h) " Permitted Accessory Building Uses" to allow him to have a farm stand with more than 500 square feet of enclosed space and Chapter 225 , Section 8 , "Sprinklers" to be allowed not to have sprinklers . The proposed greenhouse will be located at 716 Elmira Rd , Tax Parcel #33. -2-7 . 2 , Low Density Residential Zone ( LDR) Appeal of Inlet Valley Home Owner' s Association , Alan Wood, Agent requesting a variance from Chapter 270 Section 26 " Permitted Principle Use" to be allowed a storage building as primary use , and Chapter 225 , Section 8 , "Sprinklers" to be allowed not to have sprinklers. Building to be located at 167-7 Calkins Rd, TP# 33 . - 1 -4 . 2 Agricultural Zone . Other Business Nomination of Vice-Chair for 2010 Reschedule October 18th meeting to October 25th to avoid conflict with the Regular meeting of the Town Board Next Month' s Scheduled Appeals FILE DATE ZONING BOARD of APPEALS Monday January 25 , 2010 7 : 00 p . m . Present : Kirk Sigel , Chair; Members James Niefer, David Mountin , Ron Krantz and Harry Ellsworth . Absent : Alternate Susan Mann Staff : Bruce Bates , Director of Code Enforcement ; Paulette Terwilliger, Town clerk and Susan Brock , Attorney for the Town Chairman Sigel opened the meeting at 7 : 10 p . m . and listed the scheduled appeals . Continuation -- Appeal of George Sheldrake requesting a variance from the Code of the Town of Ithaca , Chapter 270 Section 56 (h) " Permitted Accessory Building Uses " to allow him to have a farm stand with more than 500 square feet of enclosed space and Chapter 225 , Section 8 , " Sprinklers" to be allowed not to have sprinklers . The proposed greenhouse will be located at 716 Elmira Rd , Tax Parcel #33 . -2-7. 2, Low Density Residential Zone ( LDR ) George Sheldrake addressed the Board and gave a brief overview of his appeal . There was some discussion regarding the letter from the county Planning Department and their suggestions . (See Attachment) Mr. Sheldrake maintained that the proposed greenhouse is not a roadside stand and should therefore not fall under the 500 sqft rule . He added that his proposal will make his business safer for people entering and exiting , not more dangerous . Discussion followed . The Board had questions about the exact location of the structure , the entrance and exits and the size . Mr. Sheldrake walked the Board through the plans and the locations . The Board also asked about his intended months of operations and he responded that he was thinking it would be Easter through Halloween and he had no intention of being open year- round . The County' s suggestions regarding the entrance and exit were discussed at length , with Chairman Sigel stating that he would defer to their judgment since that was their area of expertise . The size of the structure was then discussed with Mr. Bates discussing the differences in the laws depending on what the structure is classified as . The Board then reviewed the SEQR form and made some changes to it . ZBA 1 -25 -2010 Page 2 of 7 ZBA Resolution No . 2010=001 Environmental Assessment George Sheldrake 716 Elmira Rd , Tax Parcel #33 . -2-7.2 , Low Densitv Residential Zone ( LDR) January 25 , 2010 Motion made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in the amended Parts 1 and 2 of the Environmental Assessment form prepared by Staff . A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously Chairman Sigel then opened the public hearing at 7 : 40 . There was no one wishing to address the Board on this appeal and the public hearing was closed and the matter brought back to the Board . The Board discussed the size of the structure and the County' s suggestions . Chairman Sigel noted that the new structure is actually less space than they are using right now when you combine all of the areas and greenhouses in use . He added that he felt this would be safer and it is on a public highway so the use is not out of character. Board Member David Mountin agreed , stating that the increase in safety because cars will no longer have to back out onto the highway is very persuasive and welcome . He added that he did feel the appeal was substantial , but that it does meet the criteria . Board Members Ellsworth and Krantz agreed , also citing the increased safety to patrons and motorists . The Board discussed the products that would be for sale , and Mr. Sheldrake noted that almost all items would be grown on the farm , but he did want to sell seeds , potting soil , containers and such , but all grown products would be from the farm . While drafting the resolution , there was some discussion regarding the previous uses of the buildings there now and whether they are compliant . The Board noted that it is a previous use which was noncompliant . ZBA 1 -25 -2010 Page 3 of 7 ZBA Resolution No . 2010=002 Area Variance George Sheldrake 716 Elmira Rd , Tax Parcel #33 . =2-7.2 , Low Density Residential Zone ( LDR ) January 25 , 2010 Motion made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board grants the appeal of George Sheldrake requesting a variance from Chapter 270 , Section 56 ( h ) to allow him to have a farm stand with more than 500 square feet of enclosed space at 716 Elmira Rd , TP# 33 . -2 -7 . 2 , Low Density Residential Zone with the following : CONDITIONS 1 . That the farm stand be no larger than 12 , 432 square feet , and 2 . That the driveway for the house marked " rental house " on the submitted plans be modified such that its entryway is approximately at the location of the westerly entrance now and that that driveway be made substantially perpendicular to the highway , where it meets the highway , unless , if feasible , the driveway to the rental house can branch off of the entryway or parking to the farmstand , and 3 . That the parking area for the farmstand have only one entry and exit way and that it be located approximately where the westerly entranceway and exitway is located on the plans unless NYDOT recommends either a different location for a single entrance and exit way , or recommends two , and 4 . That the proposed building and parking area be located approximately where they are indicated on the applicant ' s plans , and 5 . That retail sales will only occur between March 15th and October 31st , and 6 . That a majority of the products sold must be derived from the farm , and 7 . That the operation in its current location completely cease as a retail operation . FINDINGS 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 does not appear to be able to be achieved by any other feasible means , given that the applicant has historically run an approximately 30 , 000 sqft seasonal greenhouse area and he is reducing that to slightly less than 12 , 500 sqft , and ZBA 1 -25 -2010 Page 4 of 7 2 . That there will not be an undesirable change to the neighborhood or nearby properties for those same reasons , given that the applicant has run a similar operation for many years , and this proposal is replacing it with a smaller sales area and an improved and larger parking area will be an improvement and there is a similar year- round use near by , and 3 . That the Board does find that the request is substantial , but nevertheless finds that the benefit does outweigh any detriment to the health , safety and welfare of the community , and 4 . That the request will not have any adverse physical or environmental effects for the reasons stated in the Environmental Assessment forms , and 5 . That the Board does find that the alleged difficulty is self created , but nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety and welfare to the community . A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously The Board then discussed the sprinkler variance . Mr. Bates explained to the Board that since they have determined the structure to be a farmstand , he could find nothing in the Code that would require a sprinkler. Discussion followed regarding the State regulations and it was decided to vote on the sprinkler variance . The Board discussed the fact that there would be very little flammable products in the greenhouse , and that the greenhouse is made mostly of glass , that water would be readily accessible , and that no people would be staying overnight in the greenhouse . They also noted the many points of egress in the building . Chairman Sigel opened the public hearing ; there was no one present wishing to address the Board and the public hearing was closed . ZBA Resolution No . 2010=003 Sprinkler Variance George Sheldrake 716 Elmira Rd , Tax Parcel #33 . -2-7.2 , Low Density Residential Zone ( LDR ) January 25 , 2010 Motion made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board grants the appeal of George Sheldrake requesting a variance from the Town of Ithaca Code , Chapter 225 to be allowed to not have ZBA 1 -25 -2010 Page 5 of 7 sprinklers in the proposed greenhouse located at 716 Elmira Rd , TP# 33 . -2 -7 . 2 , Low Density Residential Zone , with the following : FINDINGS 1 . That the application of the strict letter of this Chapter would add a significant cost to a structure that will be used seasonally , and 2 . That the omission will not jeopardize human life given that it is a single story building with no occupancy overnight , very little flammable material and ample supply of water A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously Appeal of Inlet Valley Home Owner' s Association , Alan Wood , Agent requesting a variance from Chapter 270 Section 26 " Permitted Principle Use" to be allowed a storage building as primary use, and Chapter 225 , Section 8 , " Sprinklers " to be allowed not to have sprinklers . Building to be located at 167 Calkins Rd , TP# 33 . - 1 -4.2 Agricultural Zone. Alan Wood and Matt Stillerman from the Inlet Valley Homeowner' s Association were present to answer the Board ' s questions and give a brief background on the appeal . Mr. Wood explained that the Homeowner' s Association required that storage be provided for the residential lots and went on to describe where the barn would be located . He added that they had sold the exiting barn and the sliver or land it was on to Mr. Sheldrake because they could not afford to repair it . The Board discussed the types of things that the barn is used for, what would be stored in there and what equipment . There was a lot of discussion about whether a sprinkler would be needed and then the Board turned back to the Use variance criteria . Ms . Brock reminded the Board that a use variance is extremely hard to approve with very strict requirements . She added that the Board wanted to consider this carefully and the possibility of the setting of a precedent . The Board was torn , feeling that the request was reasonable but that it does not meet the criteria of a use variance . Discussion followed and the agricultural uses were discussed with the representatives . Chairman Sigel opened the public hearing at 9 : 45 p . m . There was no one wishing to address the Board and the public hearing was closed . ZBA 1 -25 -2010 Page 6 of 7 ZBA Resolution No . 2010=004 Sprinkler Variance Inlet Valley Homeowner' s Association 167 Calkins Rd , TP# 33 . -1 -4. 2 Agricultural Zone January 25 , 2010 Motion made b Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board grants the appeal of the Inlet Valley Homeowner' s Association requesting a variance from Chapter 225 , Sprinklers , to be allowed to build an agricultural storage building located at 167 Calkins Rd , TP #33 . - 1 -4 . 2 , Agricultural Zone , with the following : CONDITIONS 1 . That the storage building is determined by either the Director of Code Enforcement or the Zoning Board of Appeals to be a usual farm building or structure , and with the following : FINDINGS 1 . That the application of the strict letter of this Chapter would create a practical difficulty or unnecessary hardship for the applicant given that there will be no water service at this building and it will not be heated meaning that a costly sprinkler or fire retardant system that did not rely on water and could withstand ® freezing temperatures would be required and 2 . That the omission of an approved sprinkler system from all or part of the building will not significantly jeopardize human life given that it is one story and there will be no overnight occupancy by individuals . A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously Nomination of Vice Chair Harry Ellsworth was nominated as Vice Chair. ZBA Resolution No . 2010=005 Nomination of Vice Chair for 2010 January 25 , 2010 Motion made by Kirk Sigel , seconded by David Mountin Resolved that this Board appoints Harry Ellsworth as Vice Chair of the Zoning Board of Appeals for the year 2010 . A vote on the motion was as follows : ZBA 1 -25 -2010 Page 7 of 7 Ayes : Sigel , Mountin , Niefer, and Krantz Nays : None Abstention : Ellsworth Motion passed unanimously Schedule Change ZBA Resolution No . 2010=006 Change in Schedule January 25 , 2010 Motion made by Kirk Sigel , seconded by Harry Ellsworth Resolved that this Board hereby changes its October 2010 meeting from October 18th to the 25th due to a scheduling conflict with the Town Board , A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously Next Agenda As it stands , there is nothing on the schedule for February . If nothing comes in , the meeting will be cancelled . Meeting was adjourned at 9 : 55 p . m . Kirk Sigel , Chair Tompkins .County J ,,+ � � > . � ' JAN 2 c 2010 ; DEPARTMENT ORPLA 121 asC urtStreet ` TOWN OF ITHACA .,, CODE ENFORCEh+I Edward C. Marx AICP " L * ENT Ithaca, Ne RYork 14850 Commissioner of Planning ix `* , ` � ' Telephone (607) 274-5560 and Public Works �` � Fax (607) 274-5578 January 22, 2010 Bruce Bates, Director of Code Enforcement Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review Pursuant to §239 -1 , -m and -n of the New York State General Municipal Law Action: Special Approval and Sprinkler Variance for Greenhouse at 716 Elmira Road, Town of Ithaca Tax Parcel No. 33.m24.2, Low Density Residential Zone, George Sheldrake, Owner/Applicant Dear Mr. Bates: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it may have inter- community, or county-wide impacts as described below. We recommend disapproval of the proposal . We also recommend modifications should the variance be approved. Because of these determinations, approval for this proposal will require the vote of a supermajority (meaning a majority plus one) of all members of the decision- making body, as will any approval that does not include the recommended modifications . Reasons for Recommending Disapproval • The degree of variance requested is excessive as the project ' s proposed size is 27 times larger than what is allowed in the Low Density Residential Zone and will create traffic impacts on Route 13 far beyond what was anticipated for usesin this district. Therefore, we recommend disapproval of the area variance. Recommended Modifications • In order to minimize the impact of access for automobiles the project should be limited to one curb cut, instead of the two represented on the plan documents . Additionally, the rental unit on the site should be required to establish one access that is oriented at a right angle to Route 13 and eliminate the others. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C . Marx, AICP Commissioner of Planning and Public Works cc : Carl F. Ford, P . E . , New York State Department of Transportation, Region 3 Inclusion through (Diversity 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 , January 25 , 2010 7 : 00 P . M . Date of Publication : Friday, January 16 , 2010 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday, January 13 , 2010 Paulette Terwilliger 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 January , 2010 i Nota Public ® - _ DEBRA DEAUGISTINE NOTARY PUBLIC -STATE OF NEW YORK Nos01DE6148035 QU011fied In Tompkins County My COMMI8810M 8NPIf®6 Jufi@ i o , @bi g 1 /15/201U --' - --- • TOWN OF ITHACA I, ZONING BOARD OF '. I APPEALS NOTICE OF PUBLIC HEARINGS Monday, January 25, 2010 215 North Tloge 4 Street, Ithaca 7:00 P.M. • I i ContinuationAppeal of ' George Sheldrake re- questing an a variance from the Code of the ! Town of Ithaca, Chapter 270 Section 56 (h) 'Per- mitted Accessory Building ­Uses' to allow him to { have a farm stand with more than 500 square feet of enclosed space and Chapter 225, Section i 225-8, 'Sprinklers' to be allowed not to have ! sprinklers. The p' r'oposed greenhouse will be locat- ed at 716 Elmira Rd. Tax Parcel i ' #33:'-2-7.2, Low i Density Residential Zone i (LDR) Appeal of Inlet Valley l Home Owner's -Associa- tion,- Alan Wood, Agent S l ' requesting a variance from �. -Chapter 270 Section 26 t - tLegals 050 t 'Permitted Principle .Use". :10 allowed a, storage - • building as ' primary use. —' sand Chapter 225, Section X225-8, 'Sprinklers" to be allowed not to have 'sprinklers. Building to be . located at 16717 Calkins Rd, TP# 33.- 1 -4.2 Agricul- Itural Zone. Assistance will be provid- led for individuals with spe- cial 'needs, upon request; (requests should be made , not less than 48 hours pri- I for to the public hearings. • Bruce W. Bates Director of Code I . Enforcement 607-273-1783 (! Dated: 1 /13/2010 { Published: 1 /15/2010 FILE DATE ® ZBA Resolution No. 2010=001 Environmental Assessment George Sheldrake 716 Elmira Rd , Tax Parcel #33 . =2-7. 2 , Low Density Residential Zone ( LDR ) January 25 , 2010 Motion made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board makes a negative determination of environmental significance for the reasons stated in the amended Parts 1 and 2 of the Environmental Assessment form prepared by Staff . A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously FILE DATE d ® ZBA Resolution No . 2010=002 Area Variance George Sheldrake 716 Elmira Rd , Tax Parcel #33 . =2-7.2 , Low Density Residential Zone ( LDR) January 25 , 2010 Motion made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board grants the appeal of George Sheldrake requesting a variance from Chapter 270 , Section 56 ( h ) to allow him to have a farm stand with more than 500 square feet of enclosed space at 716 Elmira Rd , TP# 33 . -2 -7 . 21 Low Density Residential Zone with the following : CONDITIONS 1 . That the farm stand be no larger than 12 ,432 square feet , and 2 . That the driveway for the house marked " rental house" on the submitted plans be modified such that its entryway is approximately at the location of the westerly entrance now and that that driveway be made substantially perpendicular to the highway , where it meets the highway , unless , if feasible , the driveway to the rental house can branch off of the entryway or parking to the farmstand , and ® 3 . That the parking area for the farmstand have only one entry and exit way and that it be located approximately where the westerly entranceway and exitway is located on the plans unless NYDOT recommends either a different location for a single entrance and exit way , or recommends two , and 4 . That the proposed building and parking area be located approximately where they are indicated on the applicant' s plans , and 5 . That retail sales will only occur between March 15th and October 31st , and 6 . That a majority of the products sold must be derived from the farm , and 7 . That the operation in its current location completely cease as a retail operation . FINDINGS 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 does not appear to be able to be achieved by any other feasible means , given that the applicant has historically run an approximately 30 , 000 sqft seasonal • greenhouse area and he is reducing that to slightly less than 12 , 500 sqft , and 2 . That there will not be an undesirable change to the neighborhood or nearby properties for those same reasons , given that the applicant has run a similar operation for many years , and this proposal is replacing it with a smaller sales area and an improved and larger parking area will be an improvement and there is a similar year- round use near by, and 3 . That the Board does find that the request is substantial , but nevertheless finds that the benefit does outweigh any detriment to the health , safety and welfare of the community , and 4 . That the request will not have any adverse physical or environmental effects for the reasons stated in the Environmental Assessment forms , and 5 . That the Board does find that the alleged difficulty is self created , but nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety and welfare to the community . A vote on the motion was as follows : • Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously FILE DATE740M ZBA Resolution No . 2010-003 Sprinkler Variance George Sheldrake 716 Elmira Rd , Tax Parcel #33 . -2-7.2 , Low Density Residential Zone ( LDR) January 25 , 2010 Motion made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board grants the appeal of George Sheldrake requesting a variance from the Town of Ithaca Code , Chapter 225 to be allowed to not have sprinklers in the proposed greenhouse located at 716 Elmira Rd , TP# 33 . -2 -7 . 21 Low Density Residential Zone , with the following : FINDINGS 1 . That the application of the strict letter of this Chapter would add a significant cost to a structure that will be used seasonally , and 2 . That the omission will not jeopardize human life given that it is a single story building with no occupancy overnight , very little flammable material and ample supply of water A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz ® Nays : None Motion passed unanimously IV FILE DATE ® ZBA Resolution No . 201 =004 Sprinkler Variance Inlet Valley Homeowner ' s Association 167 Calkins Rd , TP# 33 . -14.2 Agricultural Zone January 2592010 Motion made b Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board grants the appeal of the Inlet Valley Homeowner' s Association requesting a variance from Chapter 225 , Sprinklers , to be allowed to build an agricultural storage building located at 167 Calkins Rd , TP #33 . - 1 -4 . 21 Agricultural Zone , with the following : CONDITIONS 1 . That the storage building is determined by either the Director of Code Enforcement or the Zoning Board of Appeals to be a usual farm building or structure , and with the following : FINDINGS 1 . That the application of the strict letter of this Chapter would create a practical difficulty or unnecessary hardship for the applicant given that there will be no water service at this building and it will not be heated ® meaning that a costly sprinkler or fire retardant system that did not rely on water and could withstand freezing temperatures would be required and 2 . That the omission of an approved sprinkler system from all or part of the building will not significantly jeopardize human life given that it is one story and there will be no overnight occupancy by individuals . A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously FILE _ DATE ZBA Resolution No . 2010=005 Nomination of Vice Chair for 2010 January 2592010 Motion made by Kirk Sigel , seconded by David Mountin Resolved that this Board appoints Harry Ellsworth as Vice Chair of the Zoning Board of Appeals for the year 2010 . A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, and Krantz Nays : None Abstention : Ellsworth Motion passed unanimously MW FILE DATE ZBA Resolution No . 201 =006 Change in Schedule January 25 , 2010 Motion made by Kirk Sigel , seconded by Harry Ellsworth . Resolved that this Board hereby changes its October 2010 meeting from October 18th to the 25th due to a scheduling conflict with the Town Board , A vote on the motion was as follows : Ayes : Sigel , Mountin , Niefer, Ellsworth and Krantz Nays : None Motion passed unanimously