HomeMy WebLinkAboutZBA Minutes 2010-11-15 TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, NOVEMBER 15, 2010
215 North Tioga Street, Ithaca
7 : 00 P. M .
Appeal of Alejandro Parra , owner, requesting Special Approval from the requirements
of Chapter 270 , Section 270-57 "Accessory Buildings and Uses Authorized by Special
Approval Only" and variances from the requirements of Section 270-57B (3) and Section
270-5713(5) of the Town of Ithaca code to be permitted to construct an apartment in a
detached garage located at 653 Coddington Rd , Tax Parcel No . 48 . - 1 -3 , Low Density
Residential . Proposed apartment would be located within the 40 foot side yard setback
requirement and exceed 50% of the floor area of the primary dwelling .
Appeal of Margaret Rumsey, owner, Hugh Rumsey, Agent, requesting a variance from
the requirements of Chapter 270 , Section 270-54 " Permitted Principal Uses" of the
Town of Ithaca Code and a modification of an existing variance (granted March 9 , 1988)
to be permitted to operate a craft store and landscape business with outside storage at
116 Buttermilk Falls Rd E , Tax Parcel No . 38 . - 1 -3 , Low Density Residential . The
variance granted on March 9 , 1988 prohibits outside storage of materials other than in
the dumpster.
® Appeal of College Crossings, LLC , owner, Evan Monkemeyer, Agent, requesting
variances from the requirements of Chapter 270 , Section 270- 116 "Height Limitations" ,
Section 270- 122C "Additional Special Requirements" , Section 270- 127C " Principal Uses
Authorized by Special Permit Only" , and Section 270- 128 "Maximum Building Size" of
the Town of Ithaca Code to be permitted to construct a 19 , 828 t sq ft commercial
building for the College Crossings development located at 1061 Danby Rd , Tax Parcel
No . 43 . - 1 -3 . 22 , Low Density Residential and Neighborhood Commercial .
Appeal of Ithaca College , Richard Couture , Agent, requesting a variance from the
requirements of Chapter 225 , Section 225-3 A (37) "New Buildings Required to Have
Sprinkler Systems" of the Town of Ithaca Code to be permitted construct a one-story
cabin without the installation of a Town required sprinkler system located at 950 Danby
Rd , Tax Parcel No . 41 . - 1 -30 . 2 , Medium Density Residential .
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 : November 4 , 2010
Published : November 6 , 2010
TOWN OF ITHACA
ZONING BOARD OF APPEALS
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® ZONING BOARD of APPEALS
Monday, November 15, 2010
7 : 00 p . m .
Present : Kirk Sigel , Chair; Board Members : Harry Ellsworth , Ron Krantz , James Niefer,
and Bill King .
Excused : Dave Mountin , Board Member.
Staff Present : Bruce Bates , Director of Code Enforcement; Susan Brock , Attorney for
the Town ; Carrie Coates Whitmore ; Deputy Town Clerk,
Others : Alejandro Parra , Parra Family, Claudia Brenner, Hugh Rumsey , Steve Geld ,
Evan Monkemeyer, James Knittel , and Rick Couture .
Call to Order
Chairperson Sigel called the meeting to order at 7 : 05 p . m .
Appeal of Alejandro Parra, owner, requesting Special Approval from the
requirements of Chapter 270, Section 270-57 " Accessory Buildings and Uses
® Authorized by Special Approval Only" and variances from the requirements of
Section 270=57B(3) and Section 270=57B(5) of the Town of Ithaca code to be
permitted to construct an apartment in a detached garage located at 653
Coddington Rd, Tax Parcel No. 48.-1 -3 , Low Density Residential . Proposed
apartment would be located within the 40 foot side yard setback requirement and
exceed 50% of the floor area of the primary dwelling .
Alejandro Parra and Claudia Brenner appeared before the Board . Chairperson Sigel
asked if Mr. Parra would like to add anything to his application . Mr. Parra corrected that
that the proposed apartment would be 50% less than the main dwelling unit.
Chairperson Sigel asked about the square footage of the proposed apartment . Ms .
Brenner explained that the 1 st floor is approximately 1898 sq ft and the proposed
apartment falls well below that. Attorney Brock noted that Mr. Williams estimated the
square footage of the proposed apartment to be 765 sq ft . After a brief discussion , it
was determined that the proposed apartment is approximately 750 sq ft.
Chairperson Sigel stated that the dwelling unit outside of the main home requires a
special approval . One of those criteria is a 40 foot setback, which a variance is needed
for. He wondered if there were any other deficiencies with regard to the requirements
for special approval . Attorney Brock pointed out that some of the requirements are
subjective determinations the board had to make .
® Mr. Ellsworth asked about the issue of inadequate ceiling height. Chairperson Sigel
noted that that concern was related to the dwelling units in the basement, but those
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
have been removed . Mr. Bates explained that the Town originally found 3 illegal
apartments prior to Mr. Parra purchasing the property. Mr. Parra has been
systematically correcting the problems . All apartments in the main residential building
have been removed . Mr. Parra is trying to make the property compliant. Ms . Brenner
explained that the basement is being used only as a basement now ; the problem with
the ceilings has been corrected .
Ms . Brenner called attention to the surrounding properties and noted that most of the
land around the property is vacant land . She thought that the garage apartment was
the most reasonable to maintain and most reasonable to keep of the four apartments
previously on the property .
Mr. Niefer noted that the dimensions of the garage apartment have not changed . Ms .
Brenner called the Board ' s attention to the drawings and said that the size of the garage
apartment has not been increased , but modifications are proposed to bring the
apartment up to. Code .
Chairperson Sigel noted construction debris located on the adjacent property. Mr. Parra
said that the previous owner accumulated a lot of stuff over the 50 years that they lived
there . Chairperson Sigel wanted to make it a condition of approval that the materials be
removed from the property. After much discussion , the Board felt it would be
unreasonable to require Mr. Parra to clean up property he did not own .
Chairperson Sigel noted that Mr. Mountain was absent so Mr. King would be voting .
Chairperson Sigel opened the public hearing at 7 : 18 p . m . Mrs . Parra came before the
Board and spoke in support of the proposed appeal .
Environmental Assessment
Chairperson Sigel solicited comments regarding the environmental assessment .
Attorney Brock proposed corrections to #6 & #7 of PART I of Environmental
Assessment Form . Item #6 should state , " less than 1 acre" for all years listed and item
#7 add , "Low Density Residential . " (Changes are marked in blue pen on Part I . )
Chairperson Sigel moved to make negative determination of environmental significance
based on the information in Part I and II of the Environmental Assessment Form , Mr.
Niefer seconded . Vote—Carried Unanimously .
ZB RESOLUTION 2010-029: Environmental Assessment, 653 Coddincrton Rd, Tax
Parcel No. 48. 4 =3
MOTION made by Kirk Sigel, seconded by James Niefer.
Page 2 of 15
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Minutes of November 15 , 2010
Final
Resolved, in regards to the appeal of Alejandro Parra, that this Board makes a negative
determination of environmental significance based on the information in Part I and Part
11 Environmental Assessment Form.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, and King
NAYS: None.
Motion was carried unanimously.
Chairperson Sigel closed the public hearing at 7 : 19 p . m .
Chairperson Sigel asked for the setback distance on the back side of the garage . Ms .
Brenner estimated it to be 12 feet.
Chairperson Sigel moved to grant the appeal specifically listing how the criteria for the
special approval and area variance had been satisfied , with conditions on rear and side
yard setback dimensions and apartment construction . Mr. Niefer seconded . Vote—
Carried Unanimously,
ZB RESOLUTION 2010-030: Special Approval and Area Variance, 653 Coddington
Rd, Tax Parcel No. 48. = 1 =3
MOTION made by Kirk Sigel, seconded by James Niefer.
Resolved, that this board grants the appeal of Alejandro Parra, requesting Special
Approval from the requirements of Chapter 270, Section 270-57 and a Variance from
the requirements of Section 270-57B(3) of the Town of Ithaca Code to be permitted to
construct an apartment in a detached garage located at 653 Coddington Road, Tax
Parcel No. 48. - 1 -3, Low Density Residential Zone. The proposed apartment will be
located within the 40 foot side yard setback requirement with the following:
Conditions:
1 . That the side yard setback be no less than 6 feet and the rear yard setback be no
less than 10 feet,
2. That the apartment be constructed as indicated on the plans submitted by the
applicant to this Board, and
Findings for the Area Variance.
® That the benefit to the applicant does outweigh any detriment to the health, safety, and
welfare of the community, specifically:
Page 3 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
® Final
1 . The benefit the applicant wishes to achieve cannot be achieved by any other means
feasible given that they want to renovate an existing garage to contain an apartment
and that garage is already within the 40 foot setback,
2. That there will not be an undesirable change in the neighborhood character or to
nearby properties given that this house and garage have existed for many years and
that there are no nearby neighbors,
3. That while the request is substantial, a setback of less than 10 feet where 40 feet is
required, but nevertheless the benefit does outweigh any detriment to the health,
safety, and welfare of the community,
4. The request will not have any 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.
Findings for the Special Approval:
The requirements of Chapter 270, Section 270-200 for special approvals are met and
® that the criteria in Section 270-57B are met, specifically:
1 . The location of the second dwelling and the building in which it is located do not
adversely impact in any significant manner the adjoining neighbors given that there
are no nearby adjoining neighbors and that the garage already exists and has had
an apartment in it for some amount of time already without having any apparent
impact on anybody,
2. That the requirement that it be at least 40 feet away from any side boundary lot has
been relaxed by the granting of a variance and it is not being constructed in any
required front yard,
3. That there is adequate off-street parking for the proposed number of occupants in
both the principle building and the second dwelling unit,
4. That the second dwelling unit does not exceed 50 % of the floor area of the primary
dwelling unit,
5. That the second dwelling unit is located in a building that is accessory to the
principle dwelling, namely a garage,
6. That the building containing the primary dwelling does not contain more than one
dwelling as evidenced by recent action by the Town to bring the primary dwelling
into compliance,
Page 4 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
7. That there are no elder cottages or other buildings on the lot containing dwellings
other than the building containing the primary dwelling and the building for which
special approval is being sought.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, and King
NAYS: None.
Motion was carried unanimously.
Appeal of Margaret Rumsey, owner, Hugh Rumsey, Agent, requesting a variance
from the requirements of Chapter 270, Section 270-54 " Permitted Principal Uses"
of the Town of Ithaca Code and a modification of an existing variance (granted
March 9, 1988) to be permitted to operate a craft store and landscape business
with outside storage at 116 Buttermilk Falls Rd E, Tax Parcel No. 38 .-1 -3, Low
Density Residential . The variance granted on March 9, 1988 prohibits outside
storage of materials other than in the dumpster.
Hugh Rumsey appeared before the Board and corrected that the proposal is for a craft
® shop , not a craft store . He said nothing is stored as part of the craft shop ; only
manufacturing .
Mr. Niefer asked about the nature of the landscape business . He wondered if there
were on -site sales or if it was the type of business where material was stored on site
and then moved to the job site . Mr. Rumsey confirmed that sales were not part of the
landscape business . Material was only stored on -site until it was moved to the job site .
The business does store snow plows on -site as part of their winter operations .
The Board and Mr. Rumsey discussed the aerial photograph provided by staff from
Google images . Mr. Rumsey explained that the cars are mostly associated with the
landscape business . He then described the different piles of landscape material .
Attorney Brock raised the question of whether a landscape business could be
considered a nursery or a farm . Mr. Williams' letter to Mr. Rumsey indicated that the
landscape business was a permitted use . He referred to it as a "landscape/nursery" in
his letter. The Board and staff discussed in detail whether a landscape business is a
nursery. Chairperson Sigel noted that a nursery is a farm -type operation , not a
landscape operation . Attorney Brock explained that under the Code' s definition of a
nursery it states , "a lot or structure where trees , shrubs , flowering and other plants are
cultivated , grown , or stored and sold . " She did not think there was a requirement that
plants be grown or cultivated on site . It was determined that the plant materials
associated with the landscape business could be stored on-site because it was
permitted by the Code .
Page 5 of 15
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® Final
There continued to be discussion on whether or not the equipment and other materials
stored on -site from the landscape business were permitted as of right as part of the
business . Attorney Brock did not think that the ruling with regard to a previous use
should be applied to this appeal . She noted that in the LDR zone , there are no
limitations on what can be stored on -site for nursery operations .
Board and staff continued to discuss whether landscaping activities are intended to be
part of the nursery activities . Chairperson Sigel asked if the Board was allowed to
review the determination that a landscape business is a nursery business . Attorney
Brock did not think that was before the Board because the applicant was not appealing
Mr. Williams' determination as to what was allowed by right.
Chairperson Sigel asked Attorney Brock if she thought the storage of snow plows and
the Quonset structure is allowed by right . Attorney Brock was confused by the structure
because it was another structure being used by the business . She confirmed that salt
was . being stored inside the structure ; she didn 't understand the concern with regard to
outdoor storage because the Quonset was another building for the landscape business .
Mr. King did not think snow plows and salt had anything to do with either landscaping or
nursery businesses . Mr. Niefer noted that many landscape businesses perform
snowplowing services in the off-season .
Discussion continued with regard to previous use variances for the property. Mr. Bates
confirmed with Attorney Brock that as soon as the previous use of the property for the
cable business ceased , all conditions associated with that use also ceased .
Chairperson Sigel asked the Board how they felt about granting a new use variance for
the current uses on the property . He then asked if the glassworks studio was part of the
application . Steve Geld , owner of the craft shop , appeared before the Board and gave
a description of his business on the property . He explained that he is an artist that
works with metals , glass , clay, paint, wire , etc . He uses the property as an art studio
and has upon occasion had people ask him to teach them . Chairperson Sigel
confirmed that products were not sold on -site . Mr. Ellsworth asked if Mr. Geld had any
outside storage . Mr. Geld responded no .
Mr. Bates asked if there were hazardous materials stored on site . Mr. Geld explained
that he only uses propane gas that is hard - lined into the studio . He works on a small
scale , which is very different from furnace or flame working .
Chairperson Sigel wondered if the Board could grant a variance that would allow Mr.
Rumsey flexibility in who he is allowed to rent to . Mr. Bates explained that it was part of
the general discussion during the 1988 and 1990 variance requests . Ms . Rumsey
attempted to have the property zoned as commercial , but the property would not be as
® regulated by the Town if it were rezoned . Chairperson Sigel understood that there was
a desire on the Town ' s part to not rezone the property to commercial .
Page 6 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
Chairperson Sigel reminded the Board of the use variance criteria and asked if they felt
the applicant met those criteria . Board members felt that the applicant had provided
evidence in the application that met the criteria .
Mr. Rumsey noted that the property has always been used in a commercial nature . He
understood the Town ' s point of view of not wanting to rezone the property to
commercial .
Chairperson Sigel asked the Board their opinion regarding outdoor storage . Mr. Niefer
did not have a problem with it, but Mr. Ellsworth did not want to give open -ended
approval for outdoor storage . Mr. Niefer suggested outdoor storage be allowed that is
related to current occupancies . Chairperson Sigel wondered if the Board wanted to
place limits on where storage could be located and whether or not it should be
screened . He acknowledged that there was natural screening by the embankment, but
wondered if it should be screened from the Park. Mr. Krantz thought it was reasonable
to require some screening from the park.
Chairperson Sigel opened the public hearing at 8 : 28 p . m . and invited the public to
address the Board . There were none .
Chairperson Sigel asked the Board what type of screening they felt was appropriate .
Mr. Rumsey stated that there is currently Rose of Sharon , Lilac and Maple . Mr. Bates
asked if the stone wall was still there . Mr. Rumsey explained that it is actually the bank
of the creek.
Mr. Bates thought that the previous approvals tried to limit storage to the back side of
the building to help screen it from the park area . Chairperson Sigel was not concerned
with what was currently in place if the Board was inclined to allow outdoor storage . He
didn 't object to the materials currently on site being visible from the Buttermilk Falls Park
parking lot. He noted that the Good Year Tire Center and Home Depot could also be
seen from the park.
Environmental Assessment
Chairperson Sigel made changes to the Environmental Assessment Form . C4 was
amended to add , " It is a unique property for LDR , which does abut the City' s
commercial zone and has historically been used for commercial purposes that predate
zoning . "
C5 was amended to add , "The commercial use of this property has existed for many
years and predates zoning . "
Chairperson Sigel moved to make a negative determination of environmental
significance for the reasons stated in the modified Part II environmental assessment
form . Mr. Niefer seconded . Vote—Carried Unanimously,
Page 7 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
ZB RESOLUTION 2010=031 : Environmental Assessment, 116 Buttermilk Falls Rd
E, Tax Parcel No. 38. = 1 =3
MOTION made by Kirk Sigel, seconded by James Niefer.
Resolved, in regard to the appeal of Margaret Rumsey, that this board makes a
negative determination of environmental significance for the reasons stated in the
modified Part II of the environmental assessment form.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, and King
NAYS: None.
Motion was carried unanimously.
Chairperson Sigel closed the public hearing at 8 : 37 p . m .
Chairperson Sigel moved to grant the appeal of Margaret Rumsey to be permitted to
operate an art studio and landscape business with outside storage at 116 Buttermilk
Falls Rd E finding that all requirements of the use variance had been satisfied ,
specifically listing how each criteria was met, and with conditions pertaining to direct
sales on the property, number of students permitted at the art studio , and vegetative
screening between the property and the neighboring park. Mr. Niefer seconded .
Vote—Carried Unanimously ,
ZB RESOLUTION 2010-032: Use Variance, 116 Buttermilk Falls Rd E. Tax Parcel
No. 38. - 1 =3
MOTION made by Kirk Sigel, seconded by James Niefer.
Resolved, that this board grants the appeal of Margaret Rumsey, owner, Hugh
Rumsey, Agent, requesting a variance from the requirements of Chapter 270 Section
270-54 "Permitted Principal Uses " of the Town of Ithaca Code to operate an art studio
and landscape business with outside storage at 116 Buttermilk Falls Rd E, Tax Parcel
No. 38. 4 -3, Low Density Residential zone, with the following:
Conditions:
1 . That neither business engage in any direct retail sales on the premises,
2. That there be no more than three students at the art studio at one time, and
3. That every effort should be made to maintain the vegetative screening that does
exist along the border with the Park.
Page 8 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
Findings:
That the applicant has demonstrated unnecessary hardship, specifically.
1 . That the applicant cannot realize a reasonable return on the property as shown by
the expenses submitted by the applicant and the value of the rent received by the
applicant, and the fact that this property predating zoning has been used as a
commercial property and it would be difficult to convert it to residential use given the
value of the structure and the unique location of the property bordering the City,
which is all commercial use,
2. That the alleged hardship is unique and does not apply to a substantial portion of the
district or neighborhood, which is rather evident given that this is one of the few
properties in any of the Town 's residential districts that has had commercial use
continuously since before zoning was enacted, and the fact that it would be difficult
to convert it to residential use given the value of the structure and the unique
location of the property bordering the City, which is all commercial use,
3. Acknowledging that Buttermilk Falls State Park is adjacent, but given the fact that
the property abuts the park's parking lot and the use predates the use of the
adjacent property as a park, nonetheless, the requested variance will not alter the
character of the neighborhood for the reason that this property predates zoning in its
use as a commercial property and it would be difficult to convert it to residential use
given the value of the structure and the unique location of the property bordering the
City, which is all commercial use,
4. That the alleged hardship has not been self-created for the reason that commercial
use of the property has existed since before zoning was enacted.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, and King
NAYS: None.
Motion was carried unanimously.
Appeal of College Crossings, LLC , owner, Evan Monkemeyer, Agent, requesting
variances from the requirements of Chapter 270, Section 270-116 " Height
Limitations" , Section 270=122C " Additional Special Requirements" , Section 270-
127C " Principal Uses Authorized by Special Permit Only" , and Section 270=128
" Maximum Building Size" of the Town of Ithaca Code to be permitted to construct
a 19,828 t sq ft commercial building for the College Crossings development
located at 1061 Danby Rd , Tax Parcel No. 43 .=1 -3 .22 , Low Density Residential and
Neighborhood Commercial ,
Page 9 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
Evan Monkemeyer and James Knittel of DALPOS appeared before the Board . Mr.
Monkemeyer gave a brief overview of why he was back before the Board . He explained
that he was essentially seeking approval for the same variances that were granted in
2007 . The project has received modified site plan approval from the Planning Board .
Mr. Knittel reviewed the variances granted in 2007 . Changes made to the project
included : reduction of the building footprint to approximately 15 , 000 sq ft (total square
footage approximately 19 , 000) and increasing the number of drive -thru lanes (two teller
lanes and one atm lane ) . Mr. Knittel then asked the Board to consider extending the
time of the variance from 18 months to 36 months .
Mr. Krantz commented that the request was for a building that was a little too large , a
little too tall , the parking location wasn 't quite right , and the applicant wants a larger time
limit. He thought those items were relatively insignificant , understandable and
reasonable . Mr. Krantz did have a problem with the crosswalk. There are businesses
on all four corners of the intersection and he did not feel it should be the sole
responsibility of this project to put in crosswalks at the intersection . Mr. Krantz felt
strongly that someone would be killed if the intersection was not fixed and crosswalks
installed . He stated that if Mr. Monkemeyer wanted his vote then he would take the
responsibility of putting in a crosswalk.
Mr. Monkemeyer responded that the State of New York determined that a crosswalk at
® the intersection was not warranted . He explained that the project includes a walking
trail that will take all the pedestrian traffic from Ithaca College off Route 96 to behind the
properties within 200 to 300 feet of the road . The pedestrian traffic at the intersection is
a town wide issue and Mr. Monkemeyer felt that the Town needed to make a decision
about crosswalks on all intersections . Mr. Krantz thought that what Mr. Monkemeyer
said made sense . Attorney Brock added that the Planning Board discussed the issue in
great detail and ended up not requiring anything regarding crosswalks . Chairperson
Sigel did not think that the Town could require crosswalks on a State Route . Attorney
Brock agreed and said that NYS DOT would have to agree to the plan .
Attorney Brock addressed the request to extend the sunset provision for approved
variances . She did not think the Board had the authority to extend the time period of a
granted variance because NYS gives the Board the authority to grant an area variance .
She explained that NYS Town Law defines an area variance as varying a physical or
dimensional requirement . She did not think time was considered a physical or
dimensional element .
Chairperson Sigel asked the applicant to identify areas in which this variance request
differs from the variance granted in 2007 . Mr. Knittel felt that they had actually better
the conditions of the 2007 variance with the exception of the height, buffer area , and the
increase from 2 to 3 drive -thrus . Chairperson Sigel assumed that the findings were still
applicable . Board concurred . Chairperson Sigel noted that SEQR review was
completed by the Planning Board .
Page 10 of 15
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Minutes of November 15 , 2010
Final
Chairperson Sigel opened the public hearing at 9 : 10 p . m . and invited the public to
address the Board . There being no one , Chairperson Sigel closed the public at 9 : 11
p . m .
Chairperson Sigel moved a modified version of ZB Resolution No . 2007-018 , granting
the appeal of College Crossings , LLC , to be permitted to construct college crossings
develop , which is an approximately 19 , 828 sq ft , 40 foot high building , permitting 3
drive-thru lanes where only 2 are permitted . The conditions remained the same as ZB
Resolution No . 2007-018 with the exception of adding the phrase , "at its November 15 ,
2010 meeting" at the end of the sentence for conditions #3 and #4 . The findings
remained the same as those in ZB Resolution No . 2007-018 .
Mr. Niefer seconded . Vote—Carried .
ZB RESOLUTION 2010-033: Area Variances, 1061 Danbv Rd, Tax Parcel No. 43. - 1 .
3.22
MOTION made by Kirk Sigel, seconded by James Niefer.
Resolved, that this Board grants the appeal of College Crossings, LLC, owner, Evan
® Monkemeyer, Agent, requesting variances from the requirements of Chapter 270- 128,
Chapter 270- 116, Chapter 270- 122(C), and Chapter 270- 127(C) to be permitted to
construct the College Crossings Development, approximately a 19, 828 sq ft budding
that will accommodate retail, commercial, and/or office tenants, associated parking,
landscaping, sidewalks, and stormwater facilities. The proposed development is
located on the northeast corner of Danby Road and King Road East, Town of Ithaca
Tax Parcel No. 43. 4 -3. 2, Neighborhood Commercial and Low Density Residential
Zones. The proposed commercial building will exceed the maximum permitted size of
an individual building in a Neighborhood Commercial Zone. The proposed building, at
40 feet tall will exceed the largest permitted height, which is 36 feet. The proposal
includes three (3) drive-through lanes where only two are permitted. In addition, the
proposed access driveways on the north and east sides of the site and a portion of the
bank drive-through canopy and support on the north side will encroach on the 50-foot
buffer between the Neighborhood Commercial Zone and adjacent Residential Zones on
those sides, with the following:
Conditions:
1 . That the total interior square footage of the building not exceed 20, 000-square
feet,
2. That the height not exceed 40. 5 feet,
3. That the encroachment into the buffers required by the Town Code be no greater
than what is indicated on the plans submitted to this Board at its November 15,
2010 meeting,
Page 11 of 15
Zoning Board of Appeals
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Final
4. That the entire project be constructed as indicated on the applicant's plans
submitted to this Board at its November 15, 2010 meeting, and
5. That no single tenant be allowed to occupy more than 10, 000 square feet of the
building.
Findings:
1 . That while the benefit to be achieved by the applicant can be done by other means
possible, namely, building two or three separate buildings, that the one that the
applicant proposed is also reasonable and is a better fit for the site that the applicant
has, and
2. That an undesirable change in the neighborhood character or to nearby properties
will not take place given that this is an allowed use in the Neighborhood Commercial
Zone and the total square footage of the project would be allowed, just not in one
single building, and
3. That the requests are not substantial, the height being just four and a half feet above
what is allowed and the total square footage being permitted on the site in separate
buildings, and
4. That there will be no adverse physical and environmental effects for the reasons
stated in the negative determination of environmental significance, and
5. The alleged difficulty is not self-created, this is the portion of the applicant's property
that is in the Neighborhood Commercial Zone and they are required to fit the
development within those constraints, and
6. For these reasons, the benefit to the applicant does outweigh any detriment to the
community.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Niefer, and King
NAYS: None.
ABSTAIN: Krantz
Motion was carried.
Appeal of Ithaca College, Richard Couture, Agent, requesting a variance from the
requirements of Chapter 225, Section 225-3 A (37) " New Buildings Required to
Have Sprinkler Systems" of the Town of Ithaca Code to be permitted construct a
one-story cabin without the installation of a Town required sprinkler system
located at 950 Danby Rd , Tax Parcel No. 41 .- 1 =30 .2, Medium Density Residential ,
Page 12 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
Rick Couture and Prof . Michael Smith appeared before the Board . Mr. Couture noted
that the application outlines the need for the variance . He explained that the cabin will
be constructed in front of the Student Center then moved to near the pond . It is a one
room cabin , 100 sq ft, to be used as a resource and teaching tool for classes to see
what cabins were like as in the book Walden.
Mr. Ellsworth asked if anyone would be sleeping in building . Mr. Couture responded no .
The cabin will not be classroom space , but for observation only. Mr. Bates asked if
anyone would be reading or meditating in the cabin . Mr . Smith was unsure at this time .
Mr. Couture added that the cabin would be open , but he did not anticipate that there
would be furniture in it. Mr. King wondered if it would be locked . Mr. Couture thought
that it would be locked during the evening , but not during the day .
Mr. Niefer asked if there would be utilities to the cabin . Mr. Couture confirmed there
would be no utilities . The cabin would be a completely wooden structure , including
wood floors .
Chairperson Sigel noted that the College did intend it to be a permanent building . Mr.
Couture agreed . It would be in a temporary location and then moved to its permanent
location .
Mr. Bates was unsure if the cabin would require a State Variance for no electrical
service and handicap accessibility to the structure . He would look into it and call Mr.
Couture .
Chairperson Sigel opened the public hearing at 9 : 25 p . m , and there was no one
present.
Environmental Assessment
Chairperson Sigel moved to make a negative determination of environmental
significance for the reasons in Part II of the environmental assessment form . Mr. Niefer
seconded . Vote—Carried unanimously.
ZB RESOLUTION 2010-034: Ithaca College, One-Story Cabin, Environmental
Assessment, 953 Danby Rd, Tax Parcel No. 41 . - 1 -30.2
MOTION made by Kirk Sigel, seconded by James Niefer.
Resolved, in regard to the appeal of Ithaca College, that this board makes a negative
determination of environmental significance for the reasons stated in the Part II of the
environmental assessment form.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, and King
Page 13 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
NAYS: None.
Motion was carried unanimously.
Chairperson Sigel closed the public hearing at 9 : 26 p . m .
Chairperson Sigel moved to grant the appeal of Ithaca College to be permitted to
construct 1 -story cabin without a Town required sprinkler system with conditions on the
size , location of the cabin , no open flame or flammable materials allowed in the cabin
and that it be built as shown on plans submitted to the Board , and finding that all
requirements of a sprinkler variance had been satisfied , specifically listing how the
criteria had been satisfied . Mr. Niefer seconded . Vote—Carried Unanimously.
ZB RESOLUTION 2010-035: Ithaca College, One-Story Cabin, Sprinkler Variance,
953 Danby Rd, Tax Parcel No. 41 . 4 -30.2
MOTION made by Kirk Sigel, seconded by James Niefer.
Resolved, that this board grants the appeal of Ithaca College requesting a variance
from the requirements of Chapter 225, Section 225-3A (37) "New Buildings Required to
Have Sprinkler Systems " of the Town of Ithaca Code to be permitted to construct a one-
story cabin without the installation of a Town required sprinkler system located at 953
Danby Rd, Tax Parcel No. 41 . - 1 -30.2, Medium Density Residential, with the following:
Conditions:
1 . That the cabin be no larger that 160 square feet,
2. That the cabin be built as indicated on the plans submitted by the applicant,
3. That the cabin be placed initially in the approximate location marked "temporary
location " and subsequently placed in the approximate location marked "future
location, "
4. That there be no open flames or storage of flammable materials.
Findings:
1 . The board in granting this variance finds that the application of the strict letter of this
chapter would create a practical difficulty or unnecessary hardship for the applicant
given that they are building an inexpensive cabin for educational purposes that will
have no overnight occupancy and for the building to have educational value as a
replica of Thoreau 's cabin it needs to conform as closely as possible to Thoreau 's
design, and
Page 14 of 15
Zoning Board of Appeals
Minutes of November 15 , 2010
Final
2. The omission of an approved sprinkler system from all of this building will not
significantly jeopardize human life.
A vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, and King
NAYS: None.
Motion was carried unanimously.
Other Business
Mr. Bates reminded the Board that they would need to make a recommendation for the
2011 Chair at its December meeting .
Adjournment
There being no other business before the Board , Chairperson Sigel adjourned the
November 15 , 2010 meeting at 9 : 33 p . m .
Kirl Sigel , ChAtperson
Page 15 of 15
FELE
DATL� _
® ADOPTED RESOLUTION ZB RESOLUTION 2010=029
Environmental Assessment
653 Coddington Rd
Tax Parcel No. 48 .=1 =3
November 15 , 2010
MOTION made by Kirk Sigel , seconded by James Niefer.
Resolved , in regards to the appeal of Alejandro Parra , that this Board makes a negative
determination of environmental significance based on the information in Part I and Part
II Environmental Assessment Form .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer, and King
NAYS : None .
Motion was carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
AMk 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 15th day of
November, 2010 .
Zd/
Deputy Town- Jerk
Town of Ithaca
FIDE
DATE _
® ADOPTED RESOLUTION ZB RESOLUTION 2010-030
Special Approval and Area Variance
653 Coddington Rd
Tax Parcel No. 48.-1 -3
November 15, 2010
MOTION made by Kirk Sigel , seconded by James Niefer.
Resolved , that this board grants the appeal of Alejandro Parra , requesting Special
Approval from the requirements of Chapter 270 , Section 270-57 and a Variance from
the requirements of Section 270-57B (3) of the Town of Ithaca Code to be permitted to
construct an apartment in a detached garage located at 653 Coddington Road , Tax
Parcel No . 48 . - 1 -3 , Low Density Residential Zone . The proposed apartment will be
located within the 40 foot side yard setback requirement with the following :
Conditions :
1 . That the side yard setback be no less than 6 feet and the rear yard setback be no
less than 10 feet,
2 . That the apartment be constructed as indicated on the plans submitted by the
applicant to this Board , and
Findings for the Area Variance .
That the benefit to the applicant does outweigh any detriment to the health , safety, and
welfare of the community, specifically:
1 . The benefit the applicant wishes to achieve cannot be achieved by any other means
feasible given that they want to renovate an existing garage to contain an apartment
and that garage is already within the 40 foot setback,
2 . That there will not be an undesirable change in the neighborhood character or to
nearby properties given that this house and garage have existed for many years and
that there are no nearby neighbors ,
3 . That while the request is substantial , a setback of less than 10 feet where 40 feet is
required , but nevertheless the benefit does outweigh any detriment to the health ,
safety, and welfare of the community ,
4 . The request will not have any 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.
ZB RESOLUTION NO . 2010-030
PAGE 2
® Findings for the Special Approval :
The requirements of Chapter 270 , Section 270 -200 for special approvals are met and
that the criteria in Section 270-57B are met, specifically:
1 . The location of the second dwelling and the building in which it is located do not
adversely impact in any significant manner the adjoining neighbors given that there
are no nearby adjoining neighbors and that the garage already exists and has had
an apartment in it for some amount of time already without having any apparent
impact on anybody,
2 . That the requirement that it be at least 40 feet away from any side boundary lot has
been relaxed by the granting of a variance and it is not being constructed in any
required front yard ,
3 . That there is adequate off-street parking for the proposed number of occupants in
both the principle building and the second dwelling unit,
4 . That the second dwelling unit does not exceed 50% of the floor area of the primary
dwelling unit,
5 . That the second dwelling unit is located in a building that is accessory to the
principle dwelling , namely a garage ,
6 . That the building containing the primary dwelling does not contain more than one
dwelling as evidenced by recent action by the Town to bring the primary dwelling
into compliance ,
7 . That there are no elder cottages or other buildings on the lot containing dwellings
other than the building containing the primary dwelling and the building for which
special approval is being sought.
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer, and King
NAYS : None .
Motion was carried 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 15th day of November, 2010 .
Deputy Tow -Cf rk , Town of Ithaca
FILE
DATall
® ADOPTED RESOLUTION ZB RESOLUTION 2010=031
Environmental Assessment
116 Buttermilk Falls Rd E
Tax Parcel No. 38.=1 =3
November 15 , 2010
MOTION made by Kirk Sigel , seconded by James Niefer.
Resolved , in regard to the appeal of Margaret Rumsey, that this board makes a
negative determination of environmental significance for the reasons stated in the
modified Part II of the environmental assessment form .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz, Niefer, and King
NAYS : None .
Motion was carried 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 15th day of
November, 2010 . /
lVity f� 0
Deputy To lerk
Town of Ithaca
is
FILE
DATE � o
® ADOPTED RESOLUTION ZB RESOLUTION 2010-032
Use Variance
116 Buttermilk Falls Rd E
Tax Parcel No. 38.-1 -3
November 15, 2010
MOTION made by Kirk Sigel , seconded by James Niefer.
Resolved , that this board grants the appeal of Margaret Rumsey, owner, Hugh
Rumsey, Agent, requesting a variance from the requirements of Chapter 270 Section
270-54 " Permitted Principal Uses" of the Town of Ithaca Code to operate an art studio
and landscape business with outside storage at 116 Buttermilk Falls Rd E , Tax Parcel
No , 38 . - 1 -3 , Low Density Residential zone , with the following :
Conditions :
1 . That neither business engage in any direct retail sales on the premises ,
2 . That there be no more than three students at the art studio at one time , and
3 . That every effort should be made to maintain the vegetative screening that does
exist along the border with the Park.
Findings :
That the applicant has demonstrated unnecessary hardship , specifically:
1 . That the applicant cannot realize a reasonable return on the property as shown by
the expenses submitted by the applicant and the value of the rent received by the
applicant, and the fact that this property predating zoning has been used as a
commercial property and it would be difficult to convert it to residential use given the
value of the structure and the unique location of the property bordering the City ,
which is all commercial use ,
2 . That the alleged hardship is unique and does not apply to a substantial portion of the
district or neighborhood , which is rather evident given that this is one of the few
properties in any of the Town ' s residential districts that has had commercial use
continuously since before zoning was enacted , and the fact that it would be difficult
to convert it to residential use given the value of the structure and the unique
location of the property bordering the City , which is all commercial use ,
3 . Acknowledging that Buttermilk Falls State Park is adjacent , but given the fact that
the property abuts the park's parking lot and the use predates the use of the
adjacent property as a park, nonetheless , the requested variance will not alter the
character of the neighborhood for the reason that this property predates zoning in its
use as a commercial property and it would be difficult to convert it to residential use
ZB RESOLUTION NO . 2010-032
PAGE 2
given the value of the structure and the unique location of the property bordering the
City, which is all commercial use ,
4 . That the alleged hardship has not been self-created for the reason that commercial
use of the property has existed since before zoning was enacted .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer, and King
NAYS : None .
Motion was carried 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 15th day of
November, 2010 .
�
Deputy Town C-I rk
Town of Ithaca
FILE
DATE
ADOPTED RESOLUTION ZB RESOLUTION 2010-033
Area Variances
1061 Danby Rd
Tax Parcel No. 43.=1 -3. 22
November 15 , 2010
MOTION made by Kirk Sigel , seconded by James Niefer.
Resolved , that this Board grants the appeal of College Crossings , LLC , owner, Evan
Monkemeyer, Agent, requesting variances from the requirements of Chapter 270- 128 ,
Chapter 270 - 116 , Chapter 270- 122(C) , and Chapter 270- 127 (C) to be permitted to
construct the College Crossings Development , approximately a 19 , 828 sq ft building
that will accommodate retail , commercial , and/or office tenants , associated parking ,
landscaping , sidewalks , and stormwater facilities . The proposed development is
located on the northeast corner of Danby Road and King Road East, Town of Ithaca
Tax Parcel No . 43 . - 1 -3 . 2 , Neighborhood Commercial and Low Density Residential
Zones . The proposed commercial building will exceed the maximum permitted size of
an individual building in a Neighborhood Commercial Zone . The proposed building , at
40 feet tall will exceed the largest permitted height, which is 36 feet. The proposal
includes three (3) drive -through lanes where only two are permitted . In addition , the
proposed access driveways on the north and east sides of the site and a portion of the
bank drive-through canopy and support on the north side will encroach on the 50400t
buffer between the Neighborhood Commercial Zone and adjacent Residential Zones on
those sides , with the following :
Conditions :
1 . That the total interior square footage of the building not exceed 20 , 000-square
feet ,
2 . That the height not exceed 40 . 5 feet,
3 . That the encroachment into the buffers required by the Town Code be no greater
than what is indicated on the plans submitted to this Board at its November 15 ,
2010 meeting ,
4 . That the entire project be constructed as indicated on the applicant's plans
submitted to this Board at its November 15 , 2010 meeting , and
5 . That no single tenant be allowed to occupy more than 10 , 000 square feet of the
building .
Findings :
1 . That while the benefit to be achieved by the applicant can be done by other means
possible , namely, building two or three separate buildings , that the one that the
ZB RESOLUTION NO . 2010-033
PAGE 2
AML
applicant proposed is also reasonable and is a better fit for the site that the applicant
has , and
2 . That an undesirable change in the neighborhood character or to nearby properties
will not take place given that this is an allowed use in the Neighborhood Commercial
Zone and the total square footage of the project would be allowed , just not in one
single building , and
3 . That the requests are not substantial , the height being just four and a half feet above
what is allowed and the total square footage being permitted on the site in separate
buildings , and
4 . That there will be no adverse physical and environmental effects for the reasons
stated in the negative determination of environmental significance , and
5 . The alleged difficulty is not self-created , this is the portion of the applicant' s property
that is in the Neighborhood Commercial Zone and they are required to fit the
development within those constraints , and
6 . For these reasons , the benefit to the applicant does outweigh any detriment to the
community.
AEAL
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Niefer, and King
NAYS : None ,
ABSTAIN : Krantz
Motion was carried .
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 15th day of
November, 2010 .
Deputy Town C] rk
Town of Ithaca
FILE
DATE
ADOPTED RESOLUTION ZB RESOLUTION 2010-034
Ithaca College, One-Story Cabin
Environmental Assessment
953 Danby Rd
Tax Parcel No. 41 .-1 -30 . 2
November 15 , 2010
MOTION made by Kirk Sigel , seconded by James Niefer.
Resolved , in regard to the appeal of Ithaca College , that this board makes a negative
determination of environmental significance for the reasons stated in the Part II of the
environmental assessment form .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer, and King
NAYS : None .
Motion was carried 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 15th day of
November, 2010 . ZI L 4 )4'il Lo`
Deputy Town Jerk
Town of Ithaca
RIE
D ATC I/^ _
ADOPTED RESOLUTION ZB RESOLUTION 2010=035
Ithaca College, One-Story Cabin
Sprinkler Variance
953 Danby Rd
Tax Parcel No. 41 .- 1 -30 .2
November 15, 2010
MOTION made by Kirk Sigel , seconded by James Niefer.
Resolved , that this board grants the appeal of Ithaca College requesting a variance
from the requirements of Chapter 225 , Section 225 -3A(37) " New Buildings Required to
Have Sprinkler Systems" of the Town of Ithaca Code to be permitted to construct a one-
story cabin without the installation of a Town required sprinkler system located at 953
Danby Rd , Tax Parcel No . 41 . - 1 -30 . 2 , Medium Density Residential , with the following :
Conditions :
1 . That the cabin be no larger that 160 square feet,
2 . That the cabin be built as indicated on the plans submitted by the applicant,
3 . That the cabin be placed initially in the approximate location marked "temporary
location" and subsequently placed in the approximate location marked "future
location , "
4. That there be no open flames or storage of flammable materials .
Findings :
1 . The board in granting this variance finds that the application of the strict letter of this
chapter would create a practical difficulty or unnecessary hardship for the applicant
given that they are building an inexpensive cabin for educational purposes that will
have no overnight occupancy and for the building to have educational value as a
replica of Thoreau's cabin it needs to conform as closely as possible to Thoreau 's
design , and
2 . The omission of an approved sprinkler system from all of this building will not
significantly jeopardize human life .
ZB RESOLUTION NO , 2010-035
PAGE 2
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Niefer, and King
NAYS : None .
Motion was carried 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 15th day of
November, 2010 . ,
l
Deputy To n-C erk
Town of Ithaca
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 , November 15 , 2010
7 : 00 P . M .
Date of Publication : Saturday, November 6 , 2010
Location of Sign Board Used for Posting : Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca , NY 14850
Date of Posting : Thursday, November 4 , 2010
Carrie Coates-Whitmore
Deputy Town Clerk
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA)
Sworn to and subscribed before me this 8th day of Novem er,, 2010
Notary Public
PAULETTE NEILSEN
Notary Publico . , Sta±e of Newyork
809
Qualified ed in Tioga County
commission Expires December 4, 20ic
theithacajournal .com I Saturday, November 6, 2010
Tax Parcel No. 43.- 1 -3.22,
TOWN OF ITHACA Low Density Residential',
ZONING BOARD OF and Neighborhood Com)
APPEALS - ' . mercial. 4
NOTICE OF PUBLIC Appeal of Ithaca College!
HEARINGS . Richard Couture', Agent, re-1
MONDAY, .questing a variance from
NOVEMBER 15; 2010 the requirements of Chap-I
215 North Tioga. - ter 225. Section 225-3 Af
Street, Ithaca (37) "New Buildings Re-�
7:00 P.M.' quiredto Have Sprinkler,
A p p e a l of Alejandro Systems" of the Town of
Parra, owner, requesting Ithaca Code to; be permit-�
Special Approval from the ted construct a one-story'
requirements , of Chapter cabin without the installs;
270, Section 270-57 "Ac- tion of a Town required
cessory Buildings and Uses sprinkler system located at
Authorized by Special Ap- 950 Danby Rd, Tax Parcel
proval Only' and variances' No. - 41 .-,1 -30.2, Medium
from the requirements of Density Residential.
Section 270-57B(3) .and Assistance will be provide)
Section 270-57B(5) of the for individuals with special!
Town of Ithaca, code to be needs, upon request; re-i
permitted to construct an quests should be made not
apartment in a detached . less' than 48 hours prior to
garage located at - 653 'the public headrigs.
Coddington Rd, Tax Parcel Bruce W. Bates
No. 48.- 1 -3, Low Density Director of Code
Residential. Proposed Enforcement
apartment would be located 607-273-1783
within the 40. foot side yard Dated: November4, 2010
i setback requirement and Published: November 6, •
exceed 50% of the, floor 2010
J area of the primary dwell-
ing.r f
A p p e a I of Margaret `
Rumsey, owner, Hugh I
Rumsey, Agent, requesting I
a variance from the require- i
ments of Chapter 270, 1
Section 270-54 "Permitted
Principal Uses' of the Town
of Ithaca Code and a modi-
fication of an existing var-
ionce (granted March g,
1988) to be permitted to
operate a craft store and
landscape business with
outside storage at 116 But-
; termilk` Falls Rd E, Tax Par-
cel No. 38.- 1 -3, Low Densi-
ty Residential. The var-
iance granted on March 9,
1988 prohibits outside stor-
age of materials other than
.
in the dumpster.
Appeal of College Cross- I
Ings, LLC, owner, Evan
Monkemeyer, Agent, re-
questing variances from the
requirements of Chapter
270, Section 270-116
"Height Limitations", Sec-
tion 270- 122C "Additional )
Special Requirements", ;
Section 270- 127C "Princi- '
pal Uses Authorized byl
Special, Permit Only", and4
Section 270- 128 "Maxi ;
mum Building Size" of thel
Town of Ithaca Code to bel
permitted to construct a'.
i• 19,828 f sq ft commercial,
J building for the College'
Crossings development In-
I' - cated at 1061 Danby Rd,� •
u .
I
AFFIDAVIT OF SERVICE BY MAIL
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 8`h day of November, deponent served the within Notice upon the property owners of the following
Tax Parcel Numbers :
653 Coddington Rd
Alejandro S Parra Andrew and Elizabeth Simkin Carolyn Grigorov
653 Coddington Rd 6260 Cheannai Pl 629 Coddington Rd
Ithaca, NY 14850 Washington, DC 20521 -6260 Ithaca, NY 14850
Charles and Patricia Paucke Robert and June Niblock Robert A Boote
643 Coddington Rd 647 Coddington Rd 662 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Thomas and Janice Pfaff Evelyn Krebs Michael and Lori Carr
642 Coddington Rd 654 Coddington RD 677 Coddington Rd
0 haca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Edward and June Shipos John and Stephanie Orak Wayne Woodward
658 Coddington Rd 646 Coddington Rd 169 Blakeslee Hill Rd
Ithaca, NY 14850 Ithaca, NY 14850 Newfield, NY 14867
William F Farrell Angsana Pancharoen City of Ithaca
581 E Miller Rd 216 E State St 108 E Green St
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
116 Buttermilk Falls Rd E
Finger Lakes State Parks Office of State Comptroller John D Powers
2221 Taughannock Park Rd 110 State St 106 Buttermilk Falls Rd W
Trumansburg, NY 14886 Albany, NY 12236 Ithaca, NY 14850
Margaret Rumsey
110 Buttermilk Falls Rd E
Ithaca, NY 14850
College Crossings, 1061 Danby Rd
avid Auble Leslie and Karen Black Samuel and Joanne Bonanni
11 King Rd W 107 Kings Way 134 King Rd E
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Robert L Chamberlain, Jr Gary Cleveland Travis and Kathy Cleveland
70 Gunderman Rd PMB 522, PO Box 2428 721 Hudson St
Ithaca, NY 14850 Pensacola, FL 32513 Ithaca, NY 14850
Pablo and Angela Cohen Jacob Crawford Jason Dorvee
133 King Rd E 111 Kings Way 1032 Danby Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Elizabeth Clune Montessori Sch Robert L Farley Mark and Wendy Fonder
120 King Rd E 1845 Richmond Ave 126 King Rd E
*Ithaca, NY 14850 Bethlehem, PA 18018 Ithaca, NY 14850
Garunda Hotels Inc Ira Goldstein & Tessa Flores Sherri Gross
2302 N Triphammer Rd 154 Compton Rd 113 Kings Way
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
davit of Service by Mail Zoning Board of Appeals Meeting 11 / 15/2010
Pauline and Bruce Layton Manley ' s Mighty Mart LLC J and Thomas McCollum
1029 Danby Rd 1249 Front St 1046 Danby Rd
Ithaca, NY 14850 Binghamton, NY 13905 Ithaca, NY 14850
Jill Moreland Jack Nelson Jacqueline Nelson
114 King Rd W 412 Hector St, Apt 10 106 King Rd W
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Larry Nivison Samuel and Ruth Peter David Richards
136 King Rd E 1083 Danby Rd 1058 Danby Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Maria Salino Eric Schneider Rene and Melissa Sylvester
484 Troy Rd 124 King Rd E 138 King Rd E
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Tompkins County IDA Peter Torchia Donna Updike
PO Box 4860 110 King Rd W 130 King Rd E
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
,Ithaca College, 953 Danby Rd
Ayman Abbad Phillip Albrecht Alice J Raponi
993 Danby Rd 115 Troy Rd 346 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Jane Ames S . Balakula & A. Pancharoen William and Andrea Barnett
PO Box 460 107 Northview Rd 40 Genung Cir
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Duncan Bell Daniel and Patricia Benedict George and Joan Benjamin
213 Northview Rd W 410 Teton Ct 329 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
James and Sueanne Benninger Thomas & Brenda Bergeron William & Karla Block
263 Coddington Rd 111 Pineview Terr 7 Saunders Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Samuel & Joanne Bonanni Robert Borst Dwight & Linda Bowman
134 King Rd E 232 Pennsylvania Ave 396 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Martin Bowman Linda Brainard John & Beatrice Bright
1010 Danby Rd 113 Northview Rd 104 Troy Rd
haca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
James & Trina Bruno David and Theresa Bulatek Franklin & Janis Butler
153 King Rd E 205 Northview Rd 332 Coddington RD
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
William Campbell Matthew Cicchetti Richard & Patricia
217 Pennsylvania Ave 202A Northview Rd W 149 Northview Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Kathy & Travis Cleveland Pablo & Angela Dinah Collins
721 Hudson St 133 King Rd E 107 Pennsylvania Ave
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Robert Congdon Robert Constable Cornell University
*8 Troy Rd 343 Coddington Rd PO Box DH
aca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14853
2
9idavit of Service by Mail Zoning Board of Appeals Meeting 11/ 15/2010
Arduin & Matilda Corvinelli Harold & Joyce Cox Helen Davis
31 Longspur Rd 348 Coddington Rd 221 Coddington Rd
Yonkers, NY 10701 Ithaca, NY 14850 Ithaca, NY 14850
Peter & Jane DeGraff Paula Decker Nicholas & Diane Demuth
151 Northview Rd 388 Coddington Rd PO Box 4896
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14852
Nathan Dennis Kim & Jane Dunnick Michael & Linda Duttweiler
1019 Danby Rd 10 LaGrand Ct 345 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Steven Ehrhardt Michael & Ann Elmo Patsy Elmo
109 Juniper Dr 139 King Rd E 111 Pennsylvania Ave
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Richard Essen Frederick & Vicki Estabrook Christopher Faraday
241 Homan Ave 259 Coddington Rd 122 Troy Rd
State College, PA 16801 Ithaca, NY 14850 Ithaca, NY 14850
Savino & Patricia Ferrara Todd Fox & Bridget O ' Connor Mark & Laura Fiore
9 Danby Rd 211 Northview Rd W 165 King Rd E
Oaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Diane Gayeski Betty Jean George Rick & Donna George
407 Coddington Rd 117 Kendall Ave 106 Troy Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Carmine & Lucille Gerard Rebecca Golding Ira Goldstein & Tessa Flores
103 Hickory Pl 107 Rich Rd 154 Compton Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Erik & Julia Gray Jennifer Gray Peter & Sarah Grigorov
541 Ellis Hollow Creek Rd 140 King Rd E 611 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Brian Grout Jeffrey Hall Lloyd & Sue Dale Hall
PO Box 3927 922 Coddington Rd 217 Northview Rd W
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
John Hanrahan III David & Janet Hemphill James Herrick
114 Rich Rd 113 Rich Rd 236 Pennsylvania Ave
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Stephen & Susan Hilbert Henry Hilker Linda Holzbaur
8 Northview Rd W 277 Burns Rd 111 Monroe St
iaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Barry & Ruth Howell James Iacovelli Jeffrey & Sally Iacovelli
215 Northview Rd W 243 Pennsylvania Ave 136 Troy Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Joseph & Jutta Iacovelli Larry & Trinna Iacovelli Orlando & Helen Iacovelli
216 Pennsylvania Ave 124 Compton Rd 347 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Paul & Virginia Iacovelli Ralph & Roxanne Iacovelli ICS Development Partners
327 Coddington Rd 930 Danby Rd 334 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
6 arc & Molly Israel Ithaca Estates Properties Longview at Ithaca
4 Coddington Rd 123 King Rd E 1 Bella Vista Dr
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
3
davit of Service by Mail Zoning Board of Appeals Meeting 11 / 15/2010
J & J Rogan Revocable Trust Barry Jacobson & Linda Case Nancy Jacobson
14 Ladoga Park Rd 110 Troy Rd 112 Troy Rd
Lansing, NY 14882 Ithaca, NY 14850 Ithaca, NY 14850
Alice Jacoby Howard James Leslie & Patricia Jinks
116 Pennsylvania Ave 363 Newfield Depot Rd 1465 Danby Rd
Ithaca, NY 14850 Newfield, NY 14867 Ithaca, NY 14850
Amanda Jane Keck J Michael & Nancy Kelle Althea Kelly
948 E State St 379 Hargrave St 379 Hargrave St
Ithaca, NY 14850 Inglewood, CA 90302 Inglewood, CA 90302
Jan Klotz Valentine Kouznetsov Stuart Krasnoff
612 Coddington Rd 384 Coddington Rd 108 Juniper Dr
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Michael Lark Clarence Larocque William & Anna Larsen
260 Coddington Rd 367 Hayts Rd 1005 Danby Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Brian Lasda & Leigh Ulrich Chang Suk Lee William & Susan Lesser
49 Northview Rd W 204 Northview Rd W 406 Coddington Rd
aca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Robert Levitsky Ru Qing & Xiao Feng Liang Carlos & Cynthia Lorenzana
102 Juniper Dr 115 Rich Rd 103 Spruce Way
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Melissa Luckow Melinda Staniszewska Deborah Sue Martin
103 Juniper Dr 220 Coddington Rd 983 Danby Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Paul & Linda McBride Debra & Louis McDonald Cynthia McGrath
212 Northview Rd W 264 Coddington Rd 207 Northview Rd W
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Francesco & Grazia Melice Anna Merson Daniel & Susan Miller
225 Coddington Rd 123 Rich Rd 403 Teton Ct
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Harry & Paula Miller Robert & Grace Miller D Milner & J Macenas
210 Northview Rd W 101 Northview Rd 409 Teton Ct
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
S Mitchell & A Casa Gloria Molina Louis Munch
47 Troy Rd 301 Coddington Rd 214 Northview Rd W
aca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
William & Jeanette Murray Michael & Kimberley Nelson Marrie Neumer
678 Coddington Rd 223 Coddington Rd 102 Troy Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Martin Nichols Larry Nivison Mary O ' Connor-Evans
106 Holly Creek Ln 136 King Rd E 337 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Charles O ' Dell Luis & Darcy Ormaechea Gladys Owens
100 Spruce Way 102 Spruce Way 224 Bostwick Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
4Yi Pan & Robin Burlingham Angsana Pancharoen Christy Parente
5 Northview Rd W 216 E State St 1013 Danby Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
4
davit of Service by Mail Zoning Board of Appeals Meeting 11 / 15/2010
Gina Parker Michael Parker Constantine & Doris Perialas
989 Danby Rd 109 Pineview Terr PO Box 241
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14851
Peter George Ruth Poole Patty Porter
226 Pennsylvania Ave 160 King Rd E 104 Juniper Dr
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Maria & John Poulos Prauge 4 LLC Philip & Rochelle Proujansky
924 Danby Rd PO Box 545 333 Coddington Rd
Ithaca, NY 14850 Skaneateles, NY 13152 Ithaca, NY 14850
Ronald & Kathryn Prouty Frank & Alice Raponi Mary Raponi
512 Coddington Rd 346 Coddington Rd 341 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
John & Elsie Rawlins Sanford Reuning James Reynolds
127 Troy Rd 167-3 Calkins Rd 109 Rich Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Sarah Rich William Roberts Robert & Brenda Ross
4 8 Kendal Ave 253 Coddington Rd 212 Coddington Rd
aca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
John Ryan M & P Sawyer, Richard Ladd Frank Scepanski
126 Rich Rd 322 Coddington Rd 224 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
T Schack & K Lustyik Ioannis Seferlis James Semp
112 Pineview Terr 110 Joanne Dr 302 King Rd E
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Mark & Theresa Sincock Sally & Gerald Sincock Joseph Smellow
108 Troy Rd 122 Rich Rd 162 King Rd E
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Gerald & Martha Smith Stephen & Emily Snyder Michael & Sandra Sorensen
101 Juniper Dr 502 Coddington Rd 261 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
South Hill Business Campus, LLC Perter & Patricia Stage Michael & Julie Stamm
950 Danby Rd 923 Danby Rd 407 Teton Ct
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Cheryl Stare Mark & Marianne Stuart Rudsi Sumner
1Rich Rd 405 Teton Ct 319 Coddington Rd
aca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Rene & Melissa Sylvester Michele Tagliavento Raymond Terepka
138 King Rd E 725 Hudson St 509 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Elizabeth Teskey Therm Inc Ralph Thorpe
403 Coddington Rd PO Box 220 901 W Seneca St
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Tompkins County IDA Town of Ithaca Duane & Cynthia Twardokus
1 Bella Vista Dr 215 N Tioga St 106 Juniper Dr
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
nity House of Cayuga Co . Inc . Kimberly VanNorman Howard Vance
8 South St 204 Pennsylvania Ave 115 Pennsylvania Ave
Auburn, NY 13021 Ithaca, NY 14850 Ithaca, NY 14850
5
Wavit of Service by Mail Zoning Board of Appeals Meeting 11/ 15/2010
Calemeze & Glenda Walker Roberta Wallitt John Dix Wayman
105 Hickory PI 520 Coddington Rd 917 Danby Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Michael & Robin Welch Louis & Frances Withiam Deborah Wuest
118 Rich Rd 206 Northview Rd W 201 Northview Rd W
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Paul & Francenia Yarbrough Milton Zaitlin Edgar & Margarita Zarate
392 Coddington Rd 111 Northview Rd 1111 Coddington Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Raids Zarate & Juan Rojas Rick Couture
340 Coddington Rd Associate Vice President
Ithaca, NY 14850 Ithaca College
Office of Facilities
953 Danby Rd
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.
57 PI
arrrie Coate t o enior Typist
Town of It acs
Sworn to b fo e me this 8`'' day of November 2010.
Notary Public
PAULETTE NEILSEN
Notary Public , State of New York
No . 01 NE6156809
Clualified in Tioga County
Commission Expires December 4,. 20:
6