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HomeMy WebLinkAboutZBA Minutes 2010-06-21 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JUNE 21 , 2010 215 North Tioga Street, Ithaca 7 : 00 P. M . Appeal of St . Catherine of Siena Church , Gary Bucci , Agent , requesting a modification of the sign variance granted September 18 , 2006 by ZB Resolution No . 2006-057 and requesting a variance from Chapter 221 , Section 6 (2) , Regulated Signs , to be allowed to illuminate the existing freestanding sign with a solar light located at 302 St , Catherine Cir, Tax Parcel No . 71 . - 1 - 10 , Medium Density Residential Zone , MDR . ZB Resolution No . 2006-057 was granted with the following conditions : 1 ) The sign shall not exceed 321/2 square feet ; 2) The sign shall not exceed 7 feet tall ; 3) That the replacement sign be installed in the same location as the existing sign , and its appearance and construction conform to submitted plans ; 4) that the replacement sign not be illuminated ; and 5) the applicant must obtain a sign permit prior to installing the sign . Appeal of Ithaca College , Rick Couture , Agent, requesting variances from Chapter 221 , Sections 221 -4A(7) , 221 -6A (2) , 221 -6 (A) ( 1 ) (a) , 221 -8 (A) (2 ) (6 ) , 221 -8 ( B ) (C ) ( D ) ( E) , and any other applicable sections of the Sign Law , to be allowed to construct a replacement (� scoreboard at Kostrinsky Field located at 130 Flora Brown Dr , Tax Parcel No . 41 . - 1 - 30 . 2 , Medium Density Residential , MDR . Appeal of Klaas VanWijk , owner, requesting a variance from Chapter 270-71 ( C ) , Yard Regulations , to be permitted to construct a 174+/- square foot addition on the west side of a residence located at 108 McIntyre PI , Tax Parcel No . 66 . -5 - 10 , Forest Home Historic District , and Medium Density Residential , MDR . The residence is an existing non -conforming structure , as it does not meet the 15400t required side yard setbacks for structures in the MDR Zone . The proposed west side addition will further encroach into the side yard setback. 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 : June 10 , 2010 Published : June 14 , 2010 FILE DATE ® ZONING BOARD of APPEALS Monday, June 21 , 2010 7 : 00 p. m . Present : Members James Niefer, David Mountin , and Ron Krantz . Excused : Kirk Sigel , Chair; Harry Ellsworth , Board Member . Staff: Bruce Bates , Director of Code Enforcement ; Carrie Coates Whitmore , Deputy Town Clerk; Susan Brock , Attorney for the Town . Others : Gary Bucci , Rick Couture , Andy Sciarraba , Klaas Van Wijk . Mr . Bates opened the meeting at 7 : 06 p . m . and announced that the Board would need to elect an acting chair for the evening as the Chairman and Vice -Chairman were unable to attend . Mr. Niefer moved and Mr. Mountin seconded that Mr . Krantz serve as Acting Chair for the June meeting . Vote—Carried Unanimously . Mr. Krantz read the appeals before the Board . Appeal of St. Catherine of Siena Church , Gary Bucci , Agent, requesting a modification of the sign variance granted September 18 , 2006 by ZB Resolution No. 2006-057 and requesting a variance from Chapter 221 , Section 6(2) , Regulated Signs, to be allowed to illuminate the existing freestanding sign with a solar light located at 302 St. Catherine Cir, Tax Parcel No. 71 . -1 -10, Medium Density Residential Zone, MDR. ZB Resolution No. 2006=057 was granted with the following conditions : 1 ) The sign shall not exceed 321/2 square feet; 2) The sign shall not exceed 7 feet tall ; 3) That the replacement sign be installed in the same location as the existing sign , and its appearance and construction conform to submitted plans ; 4) that the replacement sign not be illuminated ; and 5) the applicant must obtain a sign permit prior to installing the sign . Gary Bucci appeared before the Board as the agent for St. Catherine of Siena Church . Mr. Krantz gave a brief overview of the appeal and asked Mr. Bucci if he had anything to add ; he did not . Attorney Brock added that the original variance approval did not permit the sign to be lighted . Mr. Bucci understood the reason for not allowing illumination was because of the distance from the church to the sign and it did not make sense to run electric to the sign . Attorney Brock noted that the variance predates the Town ' s Outdoor Lighting Law, ® which does allow signs to be lit as long as the light is directed downward . Illumination was not really discussed during the original variance . Zoning Board of Appeals June 21 , 2010 Minutes ® Approved Mr. Niefer confirmed that there would be a solar light on both sides of the sign . Mr. Bucci explained that the lights have the same intensity as a 70-watt light bulb . He then described the dimensions of each solar panel and the size of the lights . Mr. Bucci went on to say that church members would like the sign lit so that the church is easier to find in the dark . Mr . Niefer asked how many square feet would be added to the sign . Mr. Bates visited the site before the meeting to confirm the size of the sign . He said that the solar panels would add approximately 2 square feet to the sign and bring the total square footage of the sign to just under 32 square feet ; the original variance permitted a 32 . 5 square foot sign . Mr. Bates went on to say that the sign itself does not exceed the 7 foot height limitation of the variance , but the posts themselves are 7 foot 3 inches tall . He said that the Board would have to determine whether or not to include the posts as part of the sign ; the posts were included in the calculation of the square footage of the sign . Mr. Krantz did not think that the illumination of the sign was a problem ; it would not be distracting . ® Mr . Krantz opened the public hearing at 7 : 14 p . m . The public hearing remained open during SEOR review . Mr. Krantz asked the Board if there were comments on SEOR . Attorney Brock suggested changes to the Environmental Assessment Form , Item 12 on Part I was changed to include only Zoning Board of Appeals Resolution No . 2006-057 ; reference to ZBA Resolution No . 2006-056 was deleted . Mr. Niefer moved to make a negative determination with regard to environmental significance based upon Part I of the EAF and for the reasons stated in Part II of the EAF . Mr. Krantz seconded . Vote—Carried Unanimously , ZB RESOLUTION 2010=011 : Environmental Assessment, St. Catherine of Siena Church, 302 St. Catherine Cir, Tax Parcel No. 71 . 440 Moved by Jim Niefer, Second by Ron Krantz Resolved, that this Board makes a negative declaration of environmental significance based on the information in Part I and for the reasons stated in Part 11 of the Environmental Assessment Form. A vote on the motion resulted as follows: ® AYES: Krantz, Niefer, and Mountin. NAYS: None. 2 Zoning Board of Appeals June 21 , 2010 Minutes ® Approved Motion passed unanimously. Mr. Krantz invited members of the public to address the Board . There being none , he closed the public hearing at 7 : 18 p . m . Attorney Brock pointed out that a member of the public came to the Planning Board and raised concerns regarding the light being left on all night. The Planning Board recommended that the lights be turned off within 60 minutes of the end of the events at the church . Mr. Mountin asked Mr. Bucci if he was aware of the condition . Mr. Bucci was aware of the condition and said that he spoke to the person that raised the concern at the Planning Board . The citizen thought that the church was putting up a 2' x 3' solar collector and that the sign was going to be illuminated . Mr. Bucci explained that the sign is on the corner without sidewalks and when the roads are plowed there is going to be large piles of snow around the sign . Most people serving on the committees are elderly and he felt it would be very difficult to expect someone to climb over snow banks in February to turn off the sign light. He did not think that it would be practical to turn the light off after events . ® Mr. Niefer added that there is a street light close to the location of the sign . Mr. Mountin and Mr. Krantz agreed that it wasn 't necessary to require the light to be turned off. Mr. Mountin confirmed that the applicant would apply for a building permit . Mr. Krantz moved to grant the appeal finding that all requirements of an area variance had been satisfied and with the condition that the solar panels and fixtures be affixed to the sign as shown on the submitted application . Mr. Niefer seconded . Vote—Carried Unanimously. ZB RESOLUTION 2010-012: Sian Variance, St. Catherine of Siena Church, 302 St. Catherine Cir, Tax Parcel No. 71 . 4 - 10 Moved by Ron Krantz, Second by Jim Niefer Resolved, that this Board grant the appeal of St Catherine of Siena Church requesting a variance from Section 221 -6(A)(2) to allow solar lighting to the existing sign at the corner of Hanshaw Road and Blackstone Avenue with the following: Findings: That the Board finds that the benefit to the applicant outweighs the detriment to the ® health, safety, and welfare of the community specifically finding that: 3 Zoning Board of Appeals June 21 , 2010 Minutes ® Approved 1 . The benefit cannot be achieved by other means feasible because there is no electricity that currently exists out at the sign so solar lighting is the only feasible method of lighting the sign, 2. There is no undesirable change in the neighborhood character or to nearby properties because the lights will comply with the requirements of the Outdoor Lighting Law and there will not be any glare or light trespass on neighboring properties and no distraction to passing motorists or pedestrians, 3. The request is not substantial, 4. The request will not have adverse physical or environmental affects given the fact that the lights will not be creating glare or trespass and the lights and solar panels themselves are relatively small, 5. While the difficulty is self-created because there currently is a sign that is not lit, nonetheless, the benefit to the applicant does outweigh the detriment to the health, safety and welfare of the community, and 6. That the height of the sign will still be considered to be 7 feet tall as the posts will not be counted. Condition: That the solar light fixtures and panels be affixed as shown on submitted application. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and Mountin. NAYS: None. Motion passed unanimously. Appeal of Ithaca College, Rick Couture, Agent, requesting variances from Chapter 2219 Sections 221 =4A(7) , 221 -6A(2) , 221 =6(A)(1 )(a) , 221 =8(A)(2) (6) , 221 = 8( B)(C) ( D)( E) , and any other applicable sections of the Sign Law, to be allowed to construct a replacement scoreboard at Kostrinsky Field located at 130 Flora Brown Dr, Tax Parcel No. 41 . -1 -30 .2, Medium Density Residential , MDR , Rick Couture and Andy Sciarraba appeared before the Board to answer any questions the Board may have . Mr. Couture explained that the college is renovating the softball field this summer and they would like to include a new scoreboard as part of the project. The proposed scoreboard exceeds the square footage of Town regulations . 4 Zoning Board of Appeals June 21 , 2010 Minutes Approved Mr. Niefer referenced a colored photograph taken from the entrance of Longview on Route 96B that was included in Board packets; he wondered what the Board was looking at because it was only showing a couple of houses across the street . Mr. Sciarraba explained that he was trying to represent that the field and scoreboard cannot be seen from Route 96B . Mr. Mountin confirmed that the proposed scoreboard would be in the same general location as the existing scoreboard . He then asked for the difference in square footage between the two scoreboards . Mr. Sciarraba responded that the new scoreboard is approximately 600 square feet bigger. Mr. Couture explained that the scoreboard is large because it shows 10 innings , names of the teams , strikes , balls , outs , etc . Mr. Mountin asked what was being added to the new scoreboard to make it so much larger than the current one . Mr. Couture said that it is a combination of the numbers being bigger, more space for team names , and a message board . Mr. Mountin asked how large the signs are for the A & E Center. Mr. Sciarraba said that the A & E Center sign is 224 square feet, the Butterfield Stadium is 400 square feet and Freeman Field in 350 square feet . Mr. Mountin thought it was typical for a softball scoreboard to be larger than other scoreboards . Mr. Krantz noted that there will be different colors on the scoreboard . Mr. Sciarraba described the colors—the majority of the numbers would be red and lettering would be amber. Mr. Krantz listed the various ways that the sign does not meet Town Code : exceeds allowable square footage , appearance of flashing lights , intensity level of lighting , and red lighting . He asked if there were other ways that sign did not meet Code . Attorney Brock added height. Mr. Sciarraba stated that the all games are played during the day ; they do not play night games . Mr. Krantz moved to make a negative determination with regard to environmental significance based upon Part I of the EAF and for the reasons stated in Part II of the EAF . Attorney Brock suggested changes to the SEAR form . Part I , 11 , add "building permit . " Part I , 12 , check "yes" and add " Planning Board site plan approval and special permit, PB Resolution No . 2010-041 . " Part ll , C2 , add "is replacing an existing sign , and will not be visible from Route 96B or neighboring properties . " Board agreed to changes . ® Mr. Niefer seconded the motion . Vote—Carried Unanimously . 5 Zoning Board of Appeals June 21 , 2010 Minutes Approved ZB RESOLUTION 2010-013: Environmental Assessment, Ithaca College, 130 Flora Brown Dr, Tax Parcel No. 41 . = 1 -30.2 Moved by Ron Krantz, Second by Jim Niefer Resolved, that this board makes a negative determination of environmental significance based on the information in the SEOR form Part I and for the reasons stated in Part ll. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and Mountin. NAYS: None. Motion passed unanimously. Mr. Krantz opened the public hearing at 7 : 40 p . m . and invited the public to address the Board . There being none , the public hearing was closed at 7 : 41 p . m . Mr. Krantz solicited comments from the Board ; there were none . Mr. Krantz moved to grant the appeal of Ithaca College to allow replacement of a scoreboard at Kostrinsky Field finding that all requirements of an area variance have been met and with the condition that the scoreboard be built as shown on submitted plans . Mr. Mountin seconded . Vote—Carried Unanimously . ZB RESOLUTION 2010-014: Sign Variance, Ithaca College, 130 Flora Brown Dr, Tax Parcel No. 41 . 4 -30.2 Moved by Ron Krantz, Second by Dave Mountin Resolved, that this board grants the appeal of Ithaca College, requesting variances from the requirements of Chapter 221 , Sections: 221 -4A (7), 221 -6A (2), 221 -6A ( 1) (a), 221 -8A (2), 221 -8A (6), and 221 -8CDE to be allowed to construct and replace a new scoreboard at Kostrinsky Field, 130 Flora Brown Dr, Tax Parcel No. 41 . 4 -30. 2, Medium Density Residential Zone, based upon the following: Findings: 1 . The benefit cannot be achieve by any other means because the college needs a bigger scoreboard, 2. That there is no real undesirable change in the neighborhood character or to nearby properties since the scoreboard cannot be seen from Route 96B or adjacent ® properties, 6 Zoning Board of Appeals June 21 , 2010 Minutes Approved 3. The request is moderately substantial because it is a bigger scoreboard, but it is not a problem, 4. The request will not have any adverse physical or environmental affects, 5. The need for a variance should be seen as self-created since the college proposes to replace an existing scoreboard sign that is allowed without a permit, which predates the current Sign Ordinance, but that again does not really create any reason to deny the request, and 6. That this Board finds that the benefit to the applicant outweighs the detriment to the health, safety, and welfare of the community. Condition: 1 . That the scoreboard be built as shown in the application materials. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and Mountin. NAYS: None. Motion passed unanimously. Appeal of Klaas Van Wijk, owner, requesting a variance from Chapter 270=71 (C) , Yard Regulations, to be permitted to construct a 174+/= square foot addition on the west side of a residence located at 108 McIntyre PI , Tax Parcel No. 66.=5-10, Forest Home Historic District, and Medium Density Residential , MDR . The residence is an existing non-conforming structure, as it does not meet the 15400t required side yard setbacks for structures in the MDR Zone. The proposed west side addition will further encroach into the side yard setback. Klaas Van Wijk appeared before the Board to answer questions . Mr. Bates clarified that the structure is on the north side of the structure , not the west . Mr. Van Wijk stated that he submitted a letter of support for his application from his neighbor. The letter asked the Board to condition approval of the variance on there not being a second story added to the addition . Mr. Mountin commented that this was just another setback variance . Mr. Niefer confirmed that stamped plans would be submitted with the building permit application . He then asked how far the north neighbor would be from the addition . Mr. Van Wijk estimated that it was at least 100 feet. Mr. Krantz summed up the variance : 1 ) the addition would be invisible from street, 2 ) it is improving a deteriorating building , 3) even though the side yard setback is being 7 Zoning Board of Appeals June 21 , 2010 Minutes Approved reduced to approximately 11 feet and the nearest house is over 100 feet away and 4) the neighbors don ' t object. Mr . Niefer and Mr. Mountin agreed . Attorney Brock stated that an environmental assessment is not needed because the action before the Board is a Type II action . Mr. Krantz opened the public hearing at 8 : 00 p . m . and invited the public to address the Board . There being no one , he closed the public hearing at 8 : 01 p . m . Mr. Krantz moved to grant the appeal of Klaas Van Wijk allowing the construction of an addition on the north side of the property finding that all requirements of an area variance have been met and with the conditions that the setback be not less than 10 feet, that the extension be built as shown on the plans and that a second story not be added to extension . Mr. Mountin seconded . Vote—Carried Unanimously , ZB RESOLUTION 2010-015: Area Variance, Kitchen Addition, Wags Van Wiik, 108 McIntyre Pl, Tax Parcel No. 66. =5- 10 Moved by Ron Krantz, Second by Dave Mountin Resolved, that this board grants the appeal of Klaas Van Wijk, owner, requesting a variance from Chapter 270- 71 C, to be permitted to construct an addition that is no more than 180 square feet on the north side of the residence located at 108 McIntyre Place, Tax Parcel No. 66. -5- 10, Forest Home Historic District and Medium Density Residential Zone. This residence is a non-conforming structure so it does not meet the 15 foot required side yard setback, which would be only 11 feet with the following: Findings: 1 . This request will be invisible from the street, 2. The nearest house will be over 100 feet away, 3. The setback will be 11 feet rather than the 15 feet required, 4. The benefit to the applicant cannot be achieved by any other means feasible to improve this property, which has become outdated in the 95 years that it has been there, 5. There will be no undesirable change in the neighborhood's character or to nearby properties, 6. The request is only moderately substantial, 7. There will be no adverse physical or environmental affects, 8 Zoning Board of Appeals June 21 , 2010 Minutes Approved 8. The difficulty is not really self-created, it was created when the building was first built 95 years before,. and 9. The benefits to the applicant far outweigh any detriment to the health, safety and welfare of the community. Conditions: 1 . That the setback on the north end will be no less than 10 feet, 2. That the addition be built as shown in the application, and 3. That no second story will be built on the extension. A vote on the motion resulted as follows: AYES: Krantz, Niefer, and Mountin. NAYS: None. Motion passed unanimously. Adjournment There being no further business , Mr. Krantz adjourned the June 21 , 2010 at 8 : 05 p . m . 41111 Ron Krantz , Acting hairman 9 FILE ® DATE ADOPTED RESOLUTION ZB RESOLUTION 201 0=01 1 Environmental Assessment St. Catherine of Siena Church 302 St. Catherine Cir Tax Parcel No. 71 .-1 - 10 June 21 , 2010 Moved by Jim Niefer, Second by Ron Krantz Resolved , that this Board makes a negative declaration of environmental significance based on the information in Part I and for the reasons stated in Part II of the Environmental Assessment Form . A vote on the motion resulted as follows : AYES : Krantz , Niefer, and Mountin . NAYS : None . Motion passed unanimously . ® STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , 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 meeting on the 21St day of June 2010 . Deputy ToWff�Glerk Town of Ithaca FILE _ ® DINE ADOPTED RESOLUTION ZB RESOLUTION 2010=012 Sign Variance St. Catherine of Siena Church 302 St. Catherine Cir Tax Parcel No. 71 .= 1 -10 June 21 , 2010 Moved by Ron Krantz , Second by Jim Niefer Resolved , that this Board grant the appeal of St . Catherine of Siena Church requesting a variance from Section 221 -6(A ) (2) to allow solar lighting to the existing sign at the corner of Hanshaw Road and Blackstone Avenue with the following : Findings : That the Board finds that the benefit to the applicant outweighs the detriment to the health , safety, and welfare of the community specifically finding that: 1 . The benefit cannot be achieved by other means feasible because there is no electricity that currently exists out at the sign so solar lighting is the only feasible ® method of lighting the sign , 2 . There is no undesirable change in the neighborhood character or to nearby properties because the lights will comply with the requirements of the Outdoor Lighting Law and there will not be any glare or light trespass on neighboring properties and no distraction to passing motorists or pedestrians , 3 . The request is not substantial , 4 . The request will not have adverse physical or environmental affects given the fact that the lights will not be creating glare or trespass and the lights and solar panels themselves are relatively small , 5 . While the difficulty is self-created because there currently is a sign that is not lit, nonetheless , the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community , and 6 . That the height of the sign will still be considered to be 7 feet tall as the posts will not be counted . Condition : That the solar light fixtures and panels be affixed as shown on submitted application . ZB RESOLUTION NO . 2010-012 PAGE 2 A vote on the motion resulted as follows : AYES : Krantz , Niefer, and Mountin . NAYS : None . Motion passed unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , 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 meeting on the 21St day of June 2010 . `Deputy Tow�n-Clerk Town of Ithaca ® FILE ADOPTED RESOLUTION ZB RESOLUTION 2010-013 DATE Environmental Assessment Ithaca College 130 Flora Brown Dr Tax Parcel No. 41 .- 1 -30.2 June 21 , 2010 Moved by Ron Krantz , Second by Jim Niefer Resolved , that this board makes a negative determination of environmental significance based on the information in the SEQR form Part I and for the reasons stated in Part II . A vote on the motion resulted as follows : AYES : Krantz , Niefer, and Mountin . NAYS : None . Motion passed unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , 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 meeting on the 21St day of June 2010 , Deputy Town` Clerk Town of Ithaca FILE d D 1-�T E ---- ADOPTED RESOLUTION ZB RESOLUTION 2010=014 Sign Variance Ithaca College 130 Flora Brown Dr Tax Parcel No. 41 . - 1 -30. 2 June 21 , 2010 Moved by Ron Krantz , Second by Dave Mountin Resolved , that this board grants the appeal of Ithaca College , requesting variances from the requirements of Chapter 221 , Sections : 221 -4A (7) , 221 -6A(2) , 221 -6A( 1 ) (a) , 221 -8A(2) , 221 -8A ( 6) , and 221 -8CDE to be allowed to construct and replace a new scoreboard at Kostrinsky Field , 130 Flora Brown Dr, Tax Parcel No , 41 . - 1 -30 . 2 , Medium Density Residential Zone , based upon the following : Findings : 1 . The benefit cannot be achieve by any other means because the college needs a bigger scoreboard , ® 2 . That there is no real undesirable change in the neighborhood character or to nearby properties since the scoreboard cannot be seen from Route 96B or adjacent properties , 3 . The request is moderately substantial because it is a bigger scoreboard , but it is not a problem , 4 . The request will not have any adverse physical or environmental affects , 5 . The need for a variance should be seen as self-created since the college proposes to replace an existing scoreboard sign that is allowed without a permit, which predates the current Sign Ordinance , but that again does not really create any reason to deny the request, and 6 . That this Board finds that the benefit to the applicant outweighs the detriment to the health , safety , and welfare of the community. Condition : 1 . That the scoreboard be built as shown in the application materials . ZB RESOLUTION NO . 2010-014 PAGE 2 A vote on the motion resulted as follows : AYES : Krantz , Niefer, and Mountin . NAYS : None . Motion passed unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , 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 meeting on the 21St day of June 2010 . 1 Al - Deputy Town CI rk Town of Ithaca ® FILE //ff ADOPTED RESOLUTION ZB RESOLUTION 2010-015 DATE J Area Variance, Kitchen Addition Klaas Van Wijk 108 McIntyre PI Tax Parcel No. 66.-5- 10 June 21 , 2010 Moved by Ron Krantz , Second by Dave Mountin Resolved , that this board grants the appeal of Klaas Van Wijk, owner, requesting a variance from Chapter 270-71 C , to be permitted to construct an addition that is no more than 180 square feet on the north side of the residence located at 108 McIntyre Place , Tax Parcel No . 66 . -5 - 10 , Forest Home Historic District and Medium Density Residential Zone . This residence is a non -conforming structure so it does not meet the 15 foot required side yard setback , which would be only 11 feet with the following : Findings : 1 . This request will be invisible from the street, 2 . The nearest house will be over 100 feet away , 3 . The setback will be 11 feet rather than the 15 feet required , 4 . The benefit to the applicant cannot be achieved by any other means feasible to improve this property, which has become outdated in the 95 years that it has been there , 5 . There will be no undesirable change in the neighborhood' s character or to nearby properties , 6 . The request is only moderately substantial , 7 . There will be no adverse physical or environmental affects , 8 . The difficulty is not really self-created , it was created when the building was first built 95 years before , and 9 . The benefits to the applicant far outweigh any detriment to the health , safety and welfare of the community . Conditions: ® 1 . That the setback on the north end will be no less than 10 feet, 2 . That the addition be built as shown in the application , and ZB RESOLUTION NO . 2010-015 PAGE 2 3 . That no second story will be built on the extension . A vote on the motion resulted as follows : AYES : Krantz, Niefer, and Mountin . NAYS : None . Motion passed unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , 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 meeting on the 21St day of June 2010 . Deputy TowCClrk Town of Ithaca TOWN OF ITHACA ZONING BOARb OF APPEALS SIGN - IN SHEET DATE : June 21 , 2010 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION c� T ei . F� 43 gr it L-IOLYVVes AFFIDAVIT OF SERVICE BY MAIL 0 STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) 1, Carrie Coates Whitmore, being duly sworn, deposes and says , that deponent is not a party to the actions , is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 14`h day of June, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers : 108 McIntyre Place, Area Variance Carol L Bender Judith Bernstock Arthur L & Donna S Bloom 8011 Split Oak Dr 122 Judd Falls Rd 118 Judd Falls Rd Bethesda, MD 20817 Ithaca, NY 14850 Ithaca, NY 14850 John & Cynthia Bowman Calum M Carmichael Clara E Goodman Trust 117 Judd Falls Rd 109 McIntyre PI 128 Judd Falls Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 0 John J & Atricia M Clark John L & Valeria Coggin Cornell University 101 Forest Home Dr 1113 Glenwood Heights Rd PO Box DH Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14853 Brian R & Alexandrine M Crane Edwin B Oyer Living Trust Steven Gelber 105 McIntyre PI 117B McIntyre PI 107 Forest Home Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Ronald Hoy Judith Kellock Stephen Lee 1241/2 Judd Falls Rd 110 Judd Falls Rd 116 Judd Falls Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Ruth A Mahr Ann S & Alan K McAdams Robert W Mooney 103 Judd Falls Rd 2 The Byway 124 Judd Falls Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Mark Pedersen & Rod Howe Sheribel F Rothenberg Joel H and Rosemary Sibley 126 Judd Falls Rd 36 S Wabash Ave, Ste 131D 105 Judd Falls Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 4oger & Helen Spanswick Brent & Susan Stephans Wayne D Stokes 11 Judd Falls Rd 145 Forest Home Dr 4 Lakeview Dr Ithaca, NY 14850 Ithaca, NY 14850 Lansing, NY 14882 Daniel Thompson & Brett Gold Abraham & Laure Stroock Dorothy K Summers Unit 4280, Box 39 115 McIntyre PI 116 McIntyre PI San Francisco, CA 96507 Ithaca, NY 14850 Ithaca, NY 14850 Lars & Richard Washburn Klaas VanWijk 112 Judd Falls Rd 108 McIntyre PI Ithaca, NY 14850 Ithaca, NY 14850 02 St. Catherine Cir, Sign Variance Hillary Acton Lynden & Shivaun Archer Gregory & Elizabeth Boyce 1041 Hanshaw Rd 1032 Hanshaw Rd 303 Blackstone Ave Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 0ffidavit of Service by Mail Zoning Board of Appeals Meeting 6/21 /2010 Monica Brace & Brian Register Peter & Cynthia Bradbury Andrew & Jane Fitz-Gibbon 1107 Hanshaw Rd 1037 Hanshaw Rd 1035 Hanshaw Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Darlene & Leona Noric Gold Edward & Sally Harwood Patricia Johnson 1106 Hanshaw Rd 1114 Hanshaw Rd 1034 Hanshaw Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Marlene Kobre Hung Chen Lu David Mooney 1103 Hanshaw Rd 306 Siena Dr 1039 Hanshaw Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Yu Pu Zu & Ming Yuan Yang Kenneth & Charlotte Williams Philip & Emily Walker 1101 Hanshaw Rd 1036 Handshaw Rd 1105 Hanshaw Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 St. Catherine of Siena Church Gary Bucci 302 St. Catherine Cir 118 N Tioga St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca College Kostrinsky Field, Sign Variance Ayman Abbad Savino & Patricia Ferrara William & Anna Larsen 8 Walraven Dr, Apt A 979 Danby Rd 1005 Danby Rd Goshen, NY 10924-2169 Ithaca, NY 14850 Ithaca, NY 14850 Deborah Sue Martin Evan Monkemeyer Gina Parker 983 Danby Rd 123 King Rd E PO Box 4524 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Prauge 4 LLC Tompkins County IDA Jeffrey Paddock, PE PO Box 545 College Circle Buildings Ithaca College Skaneateles , NY 13152 PO Box 4860 101 Facilities Building Ithaca, NY 14852 Ithaca, NY 14850 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York. Carrie Coates Whithiio e, Deputy Town Clerk Town of Ithaca Swo to efoue me this 14`h day of June 2010 . Notary Public PAULETTE NEILSEN _ Notary Public, State of New York No . 01 NE6156809 Qualified in Tioga County Commission Expires December 412OL _ _ TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Carrie Coates Whitmore , 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 , June 21 , 2010 7 : 00 P . M . Date of Publication : Monday , June 14 , 2010 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board AOL 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Thursday , June 10 , 2010 Carrie Coates VA61more 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 J e 0 0 Notaryublic PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Oualified in Tioga County Commission Expires December 4, 20 � Monday, June 14, 2010 THE ITHACA JOURNAL ACWW E � y 054; L ih TOWN OF ITHACA 'ment sign not be illuminat ZONING BOARD ed; and 5) the applicant; OF APPEALS ; jmust obtain a sign permit, i NOTICE OF PUBLIC ;prior to installing the sign. - HEARINGS 'Appeal of Ithaca College. j MONDAY, Rick Couture, Agent, re-'I JUNE 21 , 2010 �t t questing variances from, 215 North Tioga I Chapter 221 , Sections. Street, Ithaca 1221 -4A(7), 221 -6A(2), 7 7:00 P.M. 1221 -6(A)( 1 )(a), 221 ''=. i Appeal of St:Catherine i !Siena Church, Gary Bocci, 8(A)(2)(6), 221 -i � .8(13)(00)(E), and any I Agent, requesting a modi- I other applicable sections } fication of the sign var- I of -the Sign Law, to be alb I - 1 lowed to construct a re-, lance granted September placement scoreboard at 1 18, 2006 by ZB Resolu- ! Kostrmsky Field located at 1 tion No. 2006-057 and re- 'f 130 Flora Brown Dr, Tax iquesting ' a variance from Parcel , No. 41 .- Y-30.2.1 Chapter 221 , SectioO I - i tMedium Density Residen, 6(2), Regulated Signs: to I ) tial, MDR. i be allowed to illuminate I j Appeal of Klaas VanWijkl the existing freestanding i owner, requesting a var-, sign with solar light I I lance from Chapter 270 cased at 300 2 SL Catherinene Cir, Tax Parcel No. 71 .- 1 - 71 (C), Yard Regulations,j ( ; to be permitted to con-. 0, Medium -Density Resi- , C struct a 174+/- square, dential ' Zone, MDR. ZB I 1 foot addition on the west Resolution No. 2006-057 side of a residence local ' was granted with the fol- ed at 108 McIntyre Pl, Tax lowing conditions: 1 ) The ) parcel No. 66.-5- to, For ', sign shall not exceed 32'/2 + ; est Home Historic District: , square feet; 2) The signshall not exceed 7 feet ! j and Medium Density Resi ' Mall; 3) That the replace- I 1 dential, MDR. The resit dente is an existing nonf mens sign location s the : conforming structure, as it the same location asthe : existing sign, and its ap- . j does not meet the 1 5400t l t required side yard sett 'th pearance and construction i conform to submitted ' i backs for structures ine I plans; 4) that the, replace- i MDR Zone. The proposedwest side addition will furl ' they encroach into, the iCde yard setback. sistance will be provid ted for individuals with spej tial needs, upon request; requests should be made !not less than 48 hours pri{ Ior to the public hearings. Bruce W. Bates Director of Code Enforcement i 1607-273-1783 ' ;Dated: •June 10, 2010 I 6/14/2010_- p yip „ OS ,I'S YJ�i {19J J ua . �.,_� tliir „(',lfl'l►'Tloo i ,