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HomeMy WebLinkAboutZBA Minutes 2011-08-22 ® TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, August 22, 2011 215 North Tioga Street, Ithaca 7 : 00 P. M . Appeal of H . Thomas and Penelope Gerhart, owners , requesting a variance from the requirements of Chapter 270, Section 270-60E "Yard Regulations" of the Town of Ithaca Code to allow an accessory building in the front yard , located at 902 Coddington Rd , Tax Parcel No, 47. - 1 - 1 , Low Density Residential . Appeal of Laurie Johnson , owner, requesting variances from the requirements of Chapter 270 , Section 270-71 B 'Yard Regulations" , Sections 270-73B and 270-73C "Size and Area of Lot' of the Town of Ithaca Code to be permitted to maintain a lot with insufficient rear yard depth , insufficient lot width at the street line , and insufficient lot width at the front yard setback line , located at 119 Clover Ln , Tax Parcel No, 59. -2- 18, Medium Density Residential . Appeal of Cornell University Real Estate Department, Owner/Applicant; Maria B. Maynard , Property Manger, Agent, requesting a variance from the requirements of Chapter 221 , Section 221 -7A( 1 ) "Business and Industrial District Signs" of the Town of Ithaca Code to be permitted to replace the existing wall sign with a new 33 +/- square foot wall sign , which exceeds the allowable square footage , in the same location , located at 335a Pine Tree Rd , Tax Parcel No. ® 62 .-2- 1 . 121 , Community Commercial . Appeal of Herbert J . Engman , owner, requesting a variance and special approval from the requirements of Chapter 270, Sections 270-223A( 1 ) and 270-223A(3) (c) "Fences and Walls; Retaining Walls" to be permitted to install a fence greater than 6 feet in height and within the required 10 foot setback area , located at 120 Warren Rd , Tax Parcel No. 66. -2-4, Medium Density Residential . Appeal of Rachel Philipson and Michael Sampson , owners , requesting variances from the requirements of Chapter 270 , Section 270-61 "Building Area" and Section 270-62 "Size and Area of Lot' of the Town of Ithaca Code to be permitted to construct an addition that increases the non-conformity of the lot and exceeds the allowable building area, located at 210 Enfield Falls Rd , Tax Parcel No. 33. - 1 - 11 , Low Density Residential . Appeal of Cayuga Medical Center, owner, HOLT Architects , Agent, requesting a variance from the requirements of Chapter 270, Section 270- 116 "Height Limitations" of the Town of Ithaca Code to be permitted to construct the surgical lab addition , located at 101 Harris B . Dates Dr, Tax Parcel No. 24. -3-2. 1 , Office Park Commercial . 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 : August 10, 2011 Published : August 12, 2011 TOWN OF ITHACA ZONING BOARD OF APPEALS SIGN - IN SHEET DATE : August 22 , 2011 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION rn / I �_ 2" EL J' ...��...� 716pil ( l � x� � LO 6eCd_ 7 � (s e:l ( -(lgtqe� rA © cCtiL (t-;,u 602, 04,t cel rrPc 40 kWLT A-pacri i rurr5 21 -7 ti A c zop.-A �Gl, V � G I� '� ✓� � f � � 5 �, Tow :� �- �{% �`h��-c.� .. FILE ZONING BOARD of APPEALS DATE Monday, August 22, 2011 7 : 00 p. m . Board Members Present: Kirk Sigel , Chair; Jim Niefer, Ron Krantz, Bill King and Dave Mountin . Staff Present: Bruce Bates , Director of Code Enforcement; Susan Brock, Attorney for the Town ; Carrie Coates Whitmore ; Deputy Town Clerk. Others : Thomas and Penelope Gerhart, Maria Maynard , Kyllikki Inman , Herb Engman , Rachel Philipson , Michael Sampson , Anthony Browne , Paul Leveque , Lou LoVec:cio , Rich Wagner, and Kim Rothman . Call to Order Chairperson Sigel called the meeting to order at 7 : 03 p . m . Appeal of H. Thomas and Penelope Gerhart, owners, requesting a variance from the requirements of Chapter 270, Section 270-60E "Yard Regulations" of the Town of Ithaca Code to allow an accessory building in the front yard , located at 902 Coddington Rd, Tax Parcel No. 47Awl , Low Density Residential . Tom and Penelope Gerhart appeared before the Board . Chairperson Sigel asked if the house at 902 Coddington Rd was rental property and the owners indicated that it was . He followed up by commenting that the application materials were complete and asked if the applicant wanted to add anything ; they did not. Mr. Niefer referred to the survey provided in the packet and stated that there appears to be several additions to the survey since it was originally done . Mrs . Gerhart explained that she drew in the shed so the Board could visualize it. She thought that Mr. Bates drew in the dimensions from the road and side lot lines . Mr. Niefer wondered who put in the outline of the house on the survey; he thought the outline of the house seemed out of proportion with the size of the lot itself. He questioned if the survey is an accurate representation of the house and of the septic location . Mrs . Gerhart thought that it was and explained that it is a double lot. She said that the septic tank is on side of the house . After brief discussion , Mr. Niefer realized he had looked at the wrong house . Chairperson Sigel summarized that the Gerharts were concerned about a large truck needing to drive over top the septic tank to locate the shed in the back yard . Mrs. Gerhart added that she was not sure there was enough room to drive to the back yard . Mr. Mountin asked if the shed had a floating foundation ; Mr. Gerhart explained that it did . Mr. Mountin wondered if the Board was granting a variance for this shed and all future sheds in this location . Chairperson Sigel explained that it was up to the board ; the board could decide that a shed of this size was reasonable in this location . Zoning Board of Appeals Minutes of August 22, 2011 Final Chairperson Sigel added that he thought a shed of this size in this location was fine . He went on to say that there are no neighbors nearby and it does provide some screening from a busy road as mentioned in the application materials . He also thought that the reasons mentioned in the application materials were reasonable . Mr. King asked if the shed would still be in violation if the house fronted on Updike Rd . Chairperson Sigel commented that it would because sheds are only allowed in the rear yard . Public Hearing Chairperson Sigel opened the public hearing at 7 : 11 p . m . and invited the public to address the Board . There being no one , he closed the public hearing at 7 : 11 p . m . SEAR Action is considered a Type II action and is excluded because it is the placement of a minor residential structure that does not change land use or density. Chairperson Sigel moved to grant the appeal of Thomas and Penelope Gerhart to allow an accessory building in the front yard at 902 Coddington Rd with conditions on -the location and size of the shed , and finding that all requirements of an area variance had been satisfied , specifically listing how each criterion was met. Mr. Krantz seconded the motion . Vote—carried unanimously. ZB RESOLUTION 2011=042.Area Variance, Thomas and Penelope Gerhart, 902 Coddin_aton Rd. Tax Parcel No. 47. 4- 1 MOTION made by Kirk Sigel, Seconded by Ron Krantz Resolved, that this Board grants the appeal of Thomas and Penelope Gerhart, requesting a variance from the requirements of Chapter 270, Section 270=60E "'Yard Regulations" of the Town of Ithaca Code to allow an accessory building in the front yard, located at 902 Coddington Rd, Tax Parcel No. 47. - 14 , Low Density Residential Zone, with the following: Conditions: 1 . That the shed not be enlarged or replaced with a shed of larger size, 2. That the shed remain in approximately the same location as it is right now. Findings. That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: Frage 2 of 17 Zoning Board o1; Appeals Minutes of August 22, 2011 Final 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's limited access to their rear yard, which would either be along a steep slope or over their septic system and additionally their desire to locate the shed convenient to the driveway and also to provide some screening from Coddington Road, 2. That an undesirable change in neighborhood character or to nearby properties will not take place given that there are no immediate neighbors who can see the shed and the shed helps to screen the applicant's house from a busy road, 3. That while the request is substantial, locating an accessory building in the front yard where it is required in the rear, nevertheless, the benefit does outweigh any detriment to the health, safety and welfare of the community, 4. That the request will not have adverse physical or environmental affects, and 5. That while the alleged difficulty is self-created, the benefit to the applicant does outweigh any detriment to the healthy, safety and welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Appeal of Laurie Johnston, owner, requesting variances from the requirements of Chapter 270, Section 270-71 B "Yard Regulations", Sections 270-73B and 270-73C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to maintain a lot with insufficient rear yard depth, insufficient lot width at the street line, and insufficient lot width at the front yard setback line, located at 119 Clover Ln, Tax Parcel No. 59.-2 .18, Medium Density Residential . Kim Rothman appeared on behalf of the applicant. Chairperson Sigel asked if there was anything to add to the appeal ; Ms . Rothman said there was not. Chairperson Sigel commented that it is a straight-forward situation and there are no proposed changes to the house . Mr. Niefer noted that the house is well-secluded ; the board agreed . Public Hearing Chairperson Sigel opened the public hearing at 7 : 17 p . m . and invited the public to address the board . There being no one , he closed the public hearing at 7 : 17 p . m . SEAR Action is Type II because setback and lot line variances are considered Type II actions . Rage 3 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final Attorney Brock explained that the width at street setback did not appear to be a requirement at time the house was constructed ; that would make the house legally non - conforming . She went on to say that the applicant could enlarge the house as long as it met all other requirements because it is legally non -conforming . Attorney Brock went on to say that the board could grant an appeal from current regulations . She thought that when requirements change the board grants the appeal from the current requirement and not what was in effect many years ago . The board would grant a variance for the width at the front yard setback, insufficient lot width at the street line , and insufficient rear yard depth . Chairperson Sigel moved to grant the appeal of Laurie Johnston to be permitted to maintain a lot with insufficient rear yard depth , insufficient lot width at the street line , and insufficient lot width at the front yard setback line at 119 Clover Ln , with conditions on rear yard setback, lot width , and increasing nonconformity of the lot, and finding that all the requirements of an area variance had been satisfied , specifically listing how each criterion was met. Mr. Niefer seconded ; vote carried unanimously. ZB RESOLUTION 2011-043: Area Variance, Laurie Johnston. 119 Clover Ln, Tax Parcel No. 59.=2- 18 MOTION made by Kirk Sigel, Seconded by Jim Niefer. Resolved, that this board grants the appeal of Laurie Johnston, requesting variances from the requirements of Chapter 270, Section 270- 71 B "Yard Regulations" and Sections 270= 73B and 270- 73C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to maintain a lot with insufficient rear yard depth, insufficient lot width at the street line, and insufficient lot width at the front yard setback line, located at 119 Clover Lane, Tax Parcel No. 59. -2- 18, Medium Density Residential, with the following: Conditions. 1 . That the rear yard setback be no less than 9 feet, 2. That the width at the street line be no less than 14 feet, 3. That the width at the required front yard setback line be no less than 14 feet, and 4. That the house not be enlarged in any way that is not conforming with required setbacks or other provisions of the zoning ordinance, including height. Findings. Page 4 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve, which is to maintain a hone that has existed for over 50 years, cannot be achieved by any other means feasible, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given the home 's existence for over 50 years and that the home 's seclusion from the street and from other nearby properties means that the nonconformity is visible to very few people, 3. That while the requests are substantial, nevertheless, the benefit to the applicant does outweigh any detriment to the healthy, safety and welfare of the community, 4. That the request will not have adverse physical or environmental effects because this current request does not involve any new construction, but merely the maintenance of an existing home, and 5. That the alleged difficulty is not self-created given that the applicant recently purchased the property and was not aware that it had not received a variance back when it was built in the 1950s. A vote on the motion resulted as follows: AYES. Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Appeal of Cornell University Real Estate Department, Owner/Applicants Maria B. Maynard , Property Manger, Agent, requesting a variance from the requirements of Chapter 221 , Section 221 =7A(1 ) " Business and Industrial District Signs" of the 'Town of Ithaca Code to be permitted to replace the existing wall sign with a new 33 +/= square foot wall sign, which exceeds the allowable square footage, in the same location, located at 335a Pine Tree Rd, Tax Parcel No. 62:2=1 .121 , Community Commercial , Maria Maynard and Kyllikki Inman appeared before the Board . Ms . Maynard stated she was acting as agent for Cornell . She did not have anything to add to the packet material . Chairperson Sigel stated that the signage for East Hill Plaza has been approved in the past. Ms. Maynard explained history of the sign approval for East Hill Plaza . She said that they applied for an application for the signage in 1992 . This particular storefront was occupied by What's Your Beef and its sign did not need a variance . The sign variances were granted in 1992 . In 2004, the What's Your Beef store was divided into two storefronts . The application was brought before the Planning Board and Zoning Board of Appeals for approvals , but it was not clearly stated that a sign variance was being applied for even though it was discussed . Page 5 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Finai Chairperson Sigel solicited comments and questions from the board . Mr. Krantz stated that since 8 of 9 signs at East Hill Plaza are the same size that the Board could not turn down the request. Chairperson Sigel agreed that it is character and was not a detriment to the neighborhood even if it does exceed what is allowed by law. Chairperson Sigel asked for the linear frontage . Ms . Maynard stated the linear frontage is 20 and the proposed sign is 33 square feet. Chairperson Sigel commented that they would be 20 square feet by right. Ms . Maynard added that Cornell University would like to approach the town at some point about the language of the sign law to discuss; their ability to change signs without coming before board as long as they stay within established parameters . SEAR Chairperson Sigel confirmed SEQR is needed . He thought the reasons given in Part II of the Environmental Assessment Form looked good . Chairperson Sigel moved to make a negative determination of environmental significance for the sign variance at 335a Pine Tree Rd based on information in Part I and the reasons stated in Part II of the Environmental Assessment Form . Seconded by Mr. Niefer; vote carried unanimously. ZB RESOLUTION 2011 -044: Environmental Assessment, Cornell University; 335a Pine Tree Rd, Tax Parcel No. 62. 44. 121 MOTION made by Kirk Sigel, Seconded by Jim Niefer. Resolved, that this board makes a negative determination of environmental significance with regard to the appeal of Cornell University Real Estate Department for a sign variance at 335a Pine Tree Rd based on the information in Part 1 of the Environmental Assessment Form and for the reasons stated in Part 11 of the Environmental Assessment Form. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Public Hearing Chairperson Sigel opened the public hearing at 7 : 33 p . m . and invited the public to address the board . There being no one , he closed the public hearing at 7 : 33 p . m . Page 6 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final Ms . Maynard asked that the variance allow the use of the entire box and not limit the size of the sign . Mr. Bates explained that the town measures from the borders and does not measure size of the letters . Chairperson Sigel moved to grant the appeal of Cornell University Real Estate to be permitted to replace the existing wall sign with a new 33 square foot wall sign , which exceeds the allowable square footage , in the same location at 335a Pine Tree Rd , with a condition on the size of the sign , and finding that all requirements of an area variance had been met, specifically listing how each criterion was satisfied . Seconded by Mr. Krantz, vote carried unanimously. ZB RESOLUTION 2011 -045: Sian Variance, Cornell University, 335a Pine Tree Rd, Tax Parcel No. 62.44 . 121 MOTION made by Kirk Sigel, Seconded by Ron Krantz. Resolved, that this board grants the appeal of Cornell University Real Estate Department requesting a variance from the requirements of Chapter 221 , Section 221 - 7A ( 1) Business and Industrial District Signs of the Town of Ithaca Code to be permitted to replace the existing wall sign with a new 33 square foot wall sign, which exceeds the allowable square footage in the same location, located at 335a Pine Tree Rd, Tax Parcel No. 62. -2- 1 . 121 , Community Commercial, with the following: Condition. 1 . That the new sign not exceed 35 square feet. Findings: The benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's investment in this particular sign system, which was established many years ago and wishes to use that system without incurring significant additional costs, 2. That there will not be any undesirable change to neighborhood character or to nearby properties given the existence of this sign system for many years, 3. That while the request is substantial, more than 50 percent larger than what is allowed, nevertheless, the benefit does outweigh any detriment to the health, safety, and welfare of the community, Page 7 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final 4. That the request will not have any adverse physical or environmental affects given that it is simply replacing a single sign panel in an existing sign, and 5. That while the alleged difficulty is self-created, nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community. A vote on the motion resulted as follows: AYES. Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Appeal of Herbert J . Engman, owner, requesting a variance and special approval from the requirements of Chapter 270, Sections 270=223A(1 ) and 270=223A(3)(c) " Fences and Walls ; Retaining Walls" to be permitted to install a fence greater than 6 feet in height and within the required 10 foot setback area, located at 120 Warren Rd, Tax Parcel No. 66.=2=4, Medium Density Residential . Herb Engman appeared before Board and Chairperson Sigel asked if he would like to add anything to his application materials. Mr. Engman explained that this project started as a safety project. He used to have a 6 to 7 foot high hedgerow at the edge of his yard and had to use mirror to see to get out of his driveway. Traffic has greatly increased on the road since he's moved in and weather conditions often make it even more difficult to see so he cut the hedge down to 3 feet to be able to see over the hedge . He realized that the yard needed work once the hedge was cut down and contacted a nursery to redo the yard . Mr. Engman explained that he wanted to focus on using native species and the nursery recommended installing a fence . He decided on a fence behind the hedgerow. Mr. Bates added that the posts are above the 6 foot requirement and that the grade of property is causing the fence to be higher than what is allowed . Chairperson Sigel asked about the fence in the rear yard and Mr. Engman confirmed that only a small section of rear yard will be fenced in . He went on to explain the location of the fence along the property and added that the fence in the back yard would be wooden . Mr. Krantz asked about deer jumping over fences. Mr. Engman thought it might be difficult for deer to jump from the road over the fence and the hedgerow. The retaining wall in the back yard is high enough where deer would not be able to jump it. He has seen deer jump from his yard down over the retaining wall . Mr. Engman commented that he tried to make the fence more decorative so that it will look nice . Page 8 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final Chairperson Sigel and Mr. Engman discussed that the fence itself is 6 feet high , but the grade causes the fence to be higher. Mr. Engman clarified that part of the fence in the rear yard will be 6 feet, but then will drop to 4 feet because of the height of the grade . The fence in the back yard is the same material as his neighbor' s fence so it will look like an extension of the fence . Mr. Engman talked with is neighbor and he feels that it will look fine . Chairperson Sigel and Attorney Brock discussed the need not to have to grant special approval ; they determined that the area variance would be sufficient. Chairperson Sigel commented that the special approval has a lot of criteria to go through and that the area variance would cover all the issues . Attorney Brock explained that special approval is required if it is within 10 feet of the street line and is more than 3 or 4 feet, depending on how open the fence is , up to 6 feet. It looks like this fence needs to be permitted to exceed 6 feet because of the grade and the board could just grant a variance . She thought that the variance would encompass everything needed . Chairperson Sigel added that he and Attorney Brock had discussed earlier in the day whether or not the proposed fence could be considered a deer fence as defined by the Town Code . It appears , though , the fence is barely under the requirement for a (leer fence . The Code requires that the fence be 85 percent open and the fence appears to be 84 percent open . SEAR The proposal is for minor construction that does not change land use or density and therefore is considered a Type II action . Public Hearing Chairperson Sigel opened the public hearing at 7 : 51 p . m . and invited the public to address the board . Kyllikki Inman , neighbor of Mr. Engman , spoke in support of the proposed fence . With no other persons wishing to speak, Chairperson Sigel closed the public hearing at 7 : 51 p . m . Chairperson Sigel moved to grant the appeal of Herb Engman to be permitted to install a fence greater than 6 feet in height and within the required 10 foot setback area at 120 Warrant Rd , with conditions on height fence , location and appearance , and finding that all requirements of the area variance had been met, specifically listing how each criterion was satisfied . Mr. Krantz seconded ; vote carried unanimously. ZB RESOLUTION 2011=046: Area Variance, Herbert Encrman, 120 Warren Rd, Tax Parcel No. 66. =2=4 MOTION made by Kirk Sigel, Seconded by Ron Krantz Page 9 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final Resolved, that this board grants the appeal of Herbert Engman, requesting a variance from the requirements of Chapter 270, Sections 270-223A ( 1) and 270-223A (3) Fences and Walls and Retaining Walls, to be permitted to install a fence greater than 6 feet in height and within the required 10 foot setback area, located at 120 Warren Rd, Tax Parcel No. 66. -2-4, Medium Density Residential, with the following: Conditions: 1 . That the fence be no less than 7 feet from the curb, 2. That the fence be no greater than 6. 5 feet in height, and 3. That the fence installed in the front of the house be substantially similar to the material submitted by the applicant. Findings: That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1 . That the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's relatively small front yard and its proximity to a busy road, there is a limited area where the applicant can install a fence between the house and the road and have it be an effective deer deterrent and also leave a reasonable amount of yard that is usable, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given that the fence will appear to have approximately 130 percent openness, 3. That the request is not substantial given that it is only slightly higher than the 6 feet that would be allowed either by right or with special approval in the case of the location along the road, 4. That the request will not have adverse physical or environmental affects, and 5. That while the alleged difficulty is self-created, that nevertheless the benefit to the applicant does outweigh any detriment to the healthy, safety and welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Page 10 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final Appeal of Rachel Philipson and Michael Sampson , owners, requesting variances from the requirements of Chapter 270, Section 270-61 " Building Area" and Section 270-62 "Size and Area of Lot" of the Town of Ithaca Code to be permitted to construct an addition that increases the non-conformity of the lot and exceeds the allowable building area, located at 210 Enfield Falls Rd, Tax Parcel No. 33.=1 =1 1 , Low Density Residential . Michael Sampson , Rachel Philipson , Anthony Browne appeared before the board . Chairperson Sigel asked if the applicant had anything to add to their appeal . Mr. Browne explained that the applicant is in the process of buying the adjoining property to consolidate with their existing parcel . He that the consolidation the two parcels would more than adequately cover the allowable lot coverage issue . Mr. Brown believed that all the building structure designed is well within the front, rear and side yard setbacks . He added that the non-conformity of the lot is not self-created and the applicants were not aware of it when they purchased the property. All aspects of the new structure have been designed to be within the side yard setback. Chairperson Sigel thought the new structure would be within the side yard setback on west side . Mr. Browne explained that the main addition is off the front of the home and will be in compliance of the setback on the east side . The proposed garage would be within the setback on west side . Chairperson Sigel asked if the applicant had already purchased the neighboring property and consolidated the two parcels, would they need a variance . Mr. Bates stated that the lot is non-conforming because of area , the addition will make it over the allowable square footage , and the existing home is within the side yard setback. Attorney Brock wondered if zoning changes made the home non-conforming . Mr. Browne stated that he researched the issue and that the original survey of the property is from 1951 . The home was built in 1955 and the Town's zoning was changed in October 1954 . He thought the zoning may have been changed prior to or during the construction of the house . Chairperson Sigel thought it seemed reasonable even with the increase in lot coverage from 10 percent to 12 percent. Mr. Krantz agreed . Chairperson Sigel said it has a large front yard and it' s wide at the street; he felt that the impact would not be that substantial . Mr. Mountin asked if the appeal would be address with the lot as is or as the lot will be . Chairperson Sigel explained that the Board has to deal with the lot as is . Mr. Bates commented that 25 percent lot coverage was permitted when the house was built. Chairperson Sigel added that until fairly recently 20 percent was allowed . Attorney Brock explained that the applicant had to comply with the lot coverage under the current zoning ordinance when building the addition . She asked the board if they wanted to do anything about the lot itself ; was the lot legally nonconforming because it met the requirements when it was formed or did it never meet the requirements when it Inlas formed ? She thought the board should consider granting a variance for the fact that the lot is undersized . She went on to say that she agreed with Chairperson Sigel in that the board needs to consider the lot as it currently is . Page 11 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final Mr. Browne explained that the lot that is being purchased in landlocked and that the applicant does not have plans to build on it. He thought it would be helpful to deal with the lot as is . Chairperson Sigel felt that the proposal as is was fine given the current lot configuration . Mr. Bates informed the board that the 1954 code did not address lot size ; it addressed setbacks and percent of lot coverage . Attorney Brock commented that that makes the lot legally non -conforming in terms of its size . Chairperson Sigel did not think it would hurt to grant a variance for the lot size . Public Hearing Chairperson Sigel opened the public hearing at 8 : 13 p . m . and invited the public to address the board . There being no one , he closed the public hearing at 8 : 13 p . m . SEAR Attorney Brock noted that SEAR is needed . She suggested that the board amend item 8 . The applicant check "yes" and "no" should be checked . She added the language , " Need variances for lot coverage and lot size . " Board agreed to the change . Chairperson Sigel moved to make a negative determination of environmental significance based on the information in Part I of the EAF and for the reasons stated in Part II of the EAF. Seconded by Mr. Niefer; vote carried unanimously. ZB RESOLUTION 2011 -047: Environmental Assessment, Rachel Philipson and Michael Sampson, 210 Enfield Falls Rd, Tax Parcel No. 33. = 1 - 11 MOTION made by Kirk Sigel, Seconded by Jim Niefer. Resolved, that this board makes a negative determination of environmental significance in regard to the appeal of Rachel Philipson and Michael Sampson for their appeal at 210 Enfield Falls Road based on the information in Part I of the environmental assessment form and for the reasons stated in Part 11 of the environmental assessment form. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Mr. Browne stated that he provided the board with set of design documents that have not been architecturally stamped . The architect is in the process of reviewing this documents for final approval and things may change with respect to window replacement, etc. He asked that the board grant the appeal for a design that is Page 12 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final substantially similar to the one submitted to them . Chairperson Sigel asked if the outer dimensions would remain the same . Mr. Browne stated that they would . Chairperson Sigel moved to grant the appeal of Rachel Philipson and Michael Sampson to be permitted to construct an addition that increases the non -conformity of the lot and exceeds the allowable building area at 210 Enfield Falls Rd with conditions on setbacks and lot coverage , and finding that all requirements of an area variance had been met, specifically listing how each criterion was satisfied . Mr. Niefer seconded ; vote carried unanimously. ZB RESOLUTION 2011 -048: Area Variance, Rachel Philipson and Michael Sampson. 210 Enfield Falls Rd, Tax Parcel No. 33. - 1 - 11 MOTION made by Kirk Sigel, Seconded by Jim Niefer. Resolved, that this board grants the appeal of Rachel Philipson and Michael Sampson, requesting variances from the requirements of Chapter 270, Section 270-61 Building Area and Section 270-62 Size and Area of Lot of the Town of Ithaca Code to be permitted to construct an addition that increases the non-conformity of the lot and exceeds the allowable building area, located at 210 Enfield Falls Rd, Tax Parcel No. 33. - 1 - 11 , Low Density Residential, with the following: Conditions: 1 . That the existing house be no closer to the side lot line than 17 feet, 2. That the new construction in the area where it attaches to the existing house be no closer to the side lot line than 35 feet, 3. That the portion of the new construction where the garage is, meet the required setback for a garage of 15 feet, and 4. That the total lot coverage not exceed 12. 5%. Findings: That the benefit to the applicant does outweigh any detriment to the healthy, safety and welfare of the community, specifically: 1 . That the benefit the applicants wish to achieve cannot be achieved by any other means feasible given their desire to add single-story square footage to this home and the fact that the only usable building area in the lot that meets setback requirements is in the front of the lot, the location and layout choices for the applicant are limited, Page 13 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final 2. That there will not be an undesirable change in neighborhood character or to nearby properties given that all of the proposed building is anticipated to be within or very close to required setbacks, 3. That the request is not substantial given a change from 10 percent lot coverage to approximately 12. 1 percent lot coverage, 4. That the request will not have adverse physical or environmental effects for the reasons stated in the Part 11 environmental assessment form, and 5. That while the alleged difficulty is self-created given the applicant's recent purchase of this property and their desire to change it, that nevertheless the benefit to the applicant does outweigh any detriment to the health, safety iInd welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Appeal of Cayuga Medical Center, owner, HOLT Architects, Agent, requesting a variance from the requirements of Chapter 270, Section 270-116 " Height Limitations" of the Town of Ithaca Code to be permitted to construct the surgical lab addition, located at 101 Harris B. Dates Dr, Tax Parcel No. 24.=3-2.1 , Office Park Commercial . Paul Leveque , Lou LoVecchio , and Rich Wagner appeared before board . Chairperson Sigel asked if Mr. Leveque wished to give the board a brief overview. Mr. Leveque said that he could if the board wished ; Chairperson Sigel indicated that an overview of a few minutes would be helpful . Mr. Leveque stated that they are before the board because they would like to obtain approval to construct an addition that exceeds the allow height for the Office Park Commercial zone . He presented a 3=dimensional drawing to the board and explained that the addition to the hospital is at the second floor of the new entry built a couple of years ago . The addition is for surgical services. The first level of the addition lines up with the second level of the hospital and then the second level of the addition lines up with the third floor of the hospital . The intent of the addition is to expand the size of the operating rooms. The third floor of the addition is a mechanical room . Mr. Leveque went on to say that the height requirements for the Office Park Commercial zone are 36 and 38 feet depending upon where the building is measured . The building has to be measured from the lowest occupied level to the highest part of the addition . The lowest occupied level is on the other side of the hospital facing the lake ; it is 82 feet from the lowest interior level to the highest level being constructed . The allowable Page 14 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final height is 38 feet. He noted that the addition is two feet lower than the height of the existing hospital as it was constructed in 1974. Mr. Leveque explained that the other way to measure the building is from the lowest level of the grade to the highest part of the building ; 36 feet is allowed and the proposed addition is 79 . He said that the addition needed to be constructed in this location because it is part of the surgical department. The penthouse needed to be constructed because of the air handlers and equipment required to serve the operating rooms . They attempted to minimize the height of the addition with the curved roof . Chairperson Sigel asked if there were any comments or questions . There were none . Chairperson Sigel asked if the project had received final site plan approval and Mr. Leveque indicated that it had . Chairperson Sigel then asked what the height of the building was from the ground to the top of the addition as one looked at the addition . Mr. Leveque responded that it was about 50 feet. Chairperson Sigel commented that it would appear to be a 50 fool: high building from the front. Mr. Leveque agreed . SEOR Chairperson Sigel asked Attorney Brock about SEQR review. Attorney Brock explained that the Planning Board acted as lead agency and conducted a coordinated review for SEQR . The Planning Board made a negative determination of environmental significance . Public Hearing Chairperson Sigel opened the public hearing at 8 : 30 p . m . and invited the public to address the board . There being no one present but the applicant, he closed the public hearing at 8 : 30 p . m . Mr. Krantz commented that it is likely that the emergency room and outpatient departments may well be expanded in the future . He asked if this addition would limit the possibilities on such expansions. Mr. Leveque did not think so . The addition is not the direction in which those departments would expand . Chairperson Sigel moved to grant the appeal of Cayuga Medical Center to be permitted to construct the surgical addition at 101 Harris B Dates Dr, with a condition on height and finding that all requirements of an area variance had been met, specifically listing how each criterion was satisfied . Seconded by Mr. Niefer; vote carried unanimously. ZB RESOLUTION 2011 -049: Area Variance, Cayuga Medical Center, 101 Hairris B. Dates Dr. Tax Parcel No. 24. =3-2. 1 MOTION made by Kirk Sigel, Seconded by Jim Niefer. Page 15 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Final Resolved, that this board grants the appeal of Cayuga Medical Center, requesting a variance from the requirements of Chapter 270, Section 270- 116 Height Limitation of the Town of Ithaca Code to be permitted to construct a surgical addition located at 101 Harris B. Dates Dr, Tax Parcel No. 24. -3-2. 1 , Office Park Commercial, with the following: Condition: 1 . That the height not exceed 83 feet as measured from the lowest interior level. Findings: That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be met by any other means given the need for this surgical facility to meet up with existing surgical facilities and be integrated with the rest of the hospital, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given that this is a relatively small addition to what is already a large hospital building and it will fit within the general envelope of that building, 3. That while the request is substantial, it is mitigated by the fact that the building actually appears to be an approximately 50 foot high building from the front and it is only when measuring from the lowest interior space from the rear of the building, which is down the slope, that the requested height variance becomes so large, 4. That the request will not have adverse physical or environmental affects, and 5. That while the alleged difficulty is self-created, that nevertheless, the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin and King NAYS: None. Motion was carried unanimously. Other Business Mr. Bates reminded the board to contact staff if they would like to attend the Planning Federation meeting in October. Chairperson Sigel indicated that he is attending „ Page 16 of 17 Zoning Board of Appeals Minutes of August 22, 2011 Finai Mr. Bates then mentioned that the September meeting may be cancelled due to lack of agenda items . There is one item pending , but he was going to contact the applicant to see if it could be postponed until October since it was nothing pressing . Mr. Mountin stated that he would not be here for the October meeting . Adjournment With no other business , Chairperson Sigel adjourned the August 22 , 2011 meeting of the Town of Ithaca Zoning Board of Appeals at 8 : 38 p . m . Kirk Sigel , Chairperson Carrie Coates Whitmore , Deputy Town Clerk Page 17 of 17 FILE DATE ® ADOPTED RESOLUTION ZB RESOLUTION 2011 -042 Area Variance Thomas and Penelope Gerhart 902 Coddington Rd Tax Parcel No. 47.=1 =1 August 22 , 2011 MOTION made by Kirk Sigel , Seconded by Ron Krantz. Resolved , that this Board grants the appeal of Thomas and Penelope Gerhart, requesting a variance from the requirements of Chapter 270 , Section 270-60E "Yard Regulations" of the Town of Ithaca Code to allow an accessory building in the front yard , located at 902 Coddington Rd , Tax Parcel No , 47 . - 1 - 1 , Low Density Residential Zone , with the following : Conditions: 1 . That the shed not be enlarged or replaced with a shed of larger size , 2 . That the shed remain in approximately the same location as it is right now. ® Findings : That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's limited access to their rear yard , which would either be along a steep slope or over their septic system and additionally their desire to locate the shed convenient to the driveway and also to provide some screening from Coddington Road , 2 . That an undesirable change in neighborhood character or to nearby properties will not take place given that there are no immediate neighbors who can see the shed and the shed helps to screen the applicant' s house from a busy road , 3 . That while the request is substantial , locating an accessory building in the! front yard where it is required in the rear, nevertheless , the benefit does outweigh any detriment to the health , safety and welfare of the community, 4 . That the request will not have adverse physical or environmental affects , and 5 . That while the alleged difficulty is self-created , the benefit to the applicant: does outweigh any detriment to the healthy, safety and welfare of the community. ZB RESOLUTION NO. 2011 -042 Page 2 of 2 A vote on the motion resulted as follows : AYES : Sigel , Krantz, Niefer, Mountin 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 22nd day of ,August, 2011 . b puty Tow Jerk Town of Ithaca FILE % DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 -043 Area Variance Laurie Johnston 119 Clover Ln Tax Parcel No. 59.-2-18 August 22 , 2011 MOTION made by Kirk Sigel , Seconded by Jim Niefer. Resolved , that this board grants the appeal of Laurie Johnston , requesting variances from the requirements of Chapter 270 , Section 270-71 B "Yard Regulations" and Sections 270-73B and 270-73C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to maintain a lot with insufficient rear yard depth , insufficient lot width at the street line , and insufficient lot width at the front yard setback line , located at 119 Clover Lane , Tax Parcel No . 59 . -2- 18 , Medium Density Residential , with the following : Conditions : 1 . That the rear yard setback be no less than 9 feet, 2 . That the width at the street line be no less than 14 feet, 3 . That the width at the required front yard setback line be no less than 14 feet, and 4 . That the house not be enlarged in any way that is not conforming with required setbacks or other provisions of the zoning ordinance , including height. Findings : That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community, specifically. 1 . That the benefit the applicant wishes to achieve , which is to maintain a home that has existed for over 50 years , cannot be achieved by any other means feasible , 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given the home's existence for over 50 years and that the home's seclusion from the street and from other nearby properties means, that the nonconformity is visible to very few people , 3 . That while the requests are substantial , nevertheless , the benefit to the applicant does outweigh any detriment to the healthy, safety and welfare of the community, ® 4 . That the request will not have adverse physical or environmental effects because this current request does not involve any new construction , but merely the maintenance of an existing home , and ZB RESOLUTION NO . 2011 -043 Page 2 of 2 5 . That the alleged difficulty is not self=created given that the applicant recently purchased the property and was not aware that it had not received a variance back when it was built in the 1950s . A vote on the motion resulted as follows : AYES : Sigel , Krantz, Niefer, Mountin 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 22nd day of August, 2011 . UPC luj/�w ® Deputy Town(C-lerk Town of Ithaca FILE DATE � ADOPTED RESOLUTION Z13RESOLUTION 2011 =044 Environmental Assessment Cornell University 335a Pine Tree Rd Tax Parcel No. 62 .=2-1 . 121 August 22 , 2011 MOTION made by Kirk Sigel , Seconded by Jim Niefer. Resolved , that this board makes a negative determination of environmental significance with regard to the appeal of Cornell University Real Estate Department for a sign variance at 335a Pine Tree Rd based on the information in Part I of the Environmental Assessment Form and for the reasons stated in Part II of the Environmental Assessment Form . A vote on the motion resulted as follows : AYES : Sigel , Krantz, Niefer, Mountin 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 22nd day of August , 2011 . Deputy Town-Clerk \ Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 -045 Sign Variance Cornell University 335a Pine Tree Rd Tax Parcel No. 62.-2-1 . 121 August 22, 2011 MOTION made by Kirk Sigel , Seconded by Ron Krantz . Resolved , that this board grants the appeal of Cornell University Real Estate Department requesting a variance from the requirements of Chapter 221 , Section 221 - 7A( 1 ) Business and Industrial District Signs of the Town of Ithaca Code to be permitted to replace the existing wall sign with a new 33 square foot wall sign , which exceeds the allowable square footage in the same location , located at 335a Pine Tree Rd , Tax Parcel No . 62 . -2- 1 . 121 , Community Commercial , with the following : Condition : 1 . That the new sign not exceed 35 square feet. Findings: The benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant' s investment in this particular sign system , which was established many years ago and wishes to use that system without incurring significant additional costs , 2 . That there will not be any undesirable change to neighborhood character or to nearby properties given the existence of this sign system for many years , 3 . That while the request is substantial , more than 50 percent larger than what is allowed , nevertheless , the benefit does outweigh any detriment to the health , safety, and welfare of the community , 4 . That the request will not have any adverse physical or environmental affects given that it is simply replacing a single sign panel in an existing sign , 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, 2011 -045 Page 2of2 A vote on the motion resulted as follows : AYES : Sigel , Krantz , Niefer, Mountin 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 22nd day of August, 2011 . Deputy Towfi—derk Town of Ithaca FILE DI TE ADOPTED RESOLUTION ZB RESOLUTION 2011 =046 Area Variance Herbert Engman 120 Warren Rd Tax Parcel No. 66 .=2=4 August 22, 2011 MOTION made by Kirk Sigel , Seconded by Ron Krantz . Resolved , that this board grants the appeal of Herbert Engman , requesting a variance from the requirements of Chapter 270 , Sections 270-223A( 1 ) and 270-223A(3) Fences and Walls and Retaining Walls , to be permitted to install a fence greater than 6 feet in height and within the required 10 foot setback area , located at 120 Warren Rd , Tax Parcel No . 66 . -2-4, Medium Density Residential , with the following : Conditions : 1 . That the fence be no less than 7 feet from the curb , 2 . That the fence be no greater than 6 . 5 feet in height, and 3 . That the fence installed in the front of the house be substantially similar to the material submitted by the applicant. Findings : That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community , specifically: 1 . That the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant' s relatively small front yard and its proximity to a busy road , there is a limited area where the applicant can install a fence between the house and the road and have it be an effective deer deterrent and also leave a reasonable amount of yard that is usable , 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that the fence will appear to have approximately 80 percent openness , 3 . That the request is not substantial given that it is only slightly higher than the 6 feet that would be allowed either by right or with special approval in the case of the location along the road , 4 . That the request will not have adverse physical or environmental affects , and ZB RESOLUTION NO . 2011 -046 Page 2 of 2 5 . That while the alleged difficulty is self-created , that nevertheless the benefit to the applicant does outweigh any detriment to the healthy , safety and welfare of the community. A vote on the motion resulted as follows : AYES : Sigel , Krantz, Niefer, Mountin 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 22nd day of August, 2011 , Deputy TowkC- Jerk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 =047 Environmental Assessment Rachel Philipson and Michael Sampson 210 Enfield Falls Rd Tax Parcel No. 33.-1 -11 August 22 , 2011 MOTION made by Kirk Sigel , Seconded by Jim Niefer. Resolved , that this board makes a negative determination of environmental significance in regard to the appeal of Rachel Philipson and Michael Sampson for their appeal at 210 Enfield Falls Road based on the information in Part I of the environmental assessment form and for the reasons stated in Part II of the environmental assessment form . A vote on the motion resulted as follows : AYES : Sigel , Krantz , Niefer, Mountin 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 22nd day of August, 2011 . vtr � Deputy Town Clerk Town of Ithaca FILE: DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 =048 Area Variance Rachel Philipson and Michael Sampson 210 Enfield Falls Rd Tax Parcel No. 33 .-1 =11 August 22, 2011 MOTION made by Kirk Sigel , Seconded by Jim Niefer. Resolved , that this board grants the appeal of Rachel Philipson and Michael Sampson , requesting variances from the requirements of Chapter 270 , Section 270-61 Building Area and Section 270-62 Size and Area of Lot of the Town of Ithaca Code to be permitted to construct an addition that increases the non-conformity of the lot and exceeds the allowable building area, located at 210 Enfield Falls Rd , Tax Parcel No , 33 . - 1 - 11 , Low Density Residential , with the following : Conditions: 1 . That the existing house be no closer to the side lot line than 17 feet, 2 . That the new construction in the area where it attaches to the existing house be no closer to the side lot line than 35 feet, 3 . That the portion of the new construction where the garage is , meet the required setback for a garage of 15 feet, and 4 . That the total lot coverage not exceed 12 . 5% . Findings : That the benefit to the applicant does outweigh any detriment to the healthy, safety and welfare of the community, specifically: 1 . That the benefit the applicants wish to achieve cannot be achieved by any other means feasible given their desire to add single-story square footage to this home and the fact that the only usable building area in the lot that meets setback requirements is in the front of the lot, the location and layout choices for the applicant are limited , 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that all of the proposed building is anticipated to be within or very close to required setbacks, 3 . That the request is not substantial given a change from 10 percent lot coverage to approximately 12 . 1 percent lot coverage , ZB RESOLUTION NO . 2011 -048 Page 2of2 4 . That the request will not have adverse physical or environmental effects for the reasons stated in the Part II environmental assessment form , and 5 . That while the alleged difficulty is self-created given the applicant' s recent purchase of this property and their desire to change it, that nevertheless the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. A vote on the motion resulted as follows : AYES : Sigel , Krantz, Niefer, Mountin 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 22nd day of August, 2011 . Deputy Town Clerk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2011 =049 Area Variance Cayuga Medical Center 101 Harris B. Dates Dr Tax Parcel No. 24.-3-2 . 1 August 22 , 2011 MOTION made by Kirk Sigel , Seconded by Jim Niefer. Resolved , that this board grants the appeal of Cayuga Medical Center, requesting a variance from the requirements of Chapter 270 , Section 270- 116 Height Limitation of the Town of Ithaca Code to be permitted to construct a surgical addition located at 101 Harris B . Dates Dr, Tax Parcel No . 24. -3-2 . 1 , Office Park Commercial , with the following : Condition : 1 . That the height not exceed 83 feet as measured from the lowest interior level . Findings : That the benefit to the applicant outweighs any detriment to the health , safety and welfare of the community, specifically : 1 . That the benefit the applicant wishes to achieve cannot be met by any other means given the need for this surgical facility to meet up with existing surgical facilities and be integrated with the rest of the hospital , 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given that this is a relatively small addition to what is already a large hospital building and it will fit within the general envelope of that building , 3 . That while the request is substantial , it is mitigated by the fact that the building actually appears to be an approximately 50 foot high building from the front and it is only when measuring from the lowest interior space from the rear of the building , which is down the slope , that the requested height variance becomes so large , 4 . That the request will not have adverse physical or environmental affects , and 5 . That while the alleged difficulty is self-created , that nevertheless , the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. ZB RESOLUTION NO. 2011 -049 Page 2of2 A vote on the motion resulted as follows : AYES : Sigel , Krantz , Niefer, Mountin 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 22nd day of August, 2011 . Deputy Tow . _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 Joumah. ADVERTISEMENT : PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday , August 22 , 2011 7 : 00 P . M . Date of Publication : Friday, August 12 , 2011 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board ® 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday, August 10 , 2011 Carrie Coates - itmore Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 12th day of August, 2011 6004 Notary Public 'DEBAR' 4K--t:LEY - . Notary Public, State,.of .NewYork No .. 01 KE6025073 = Qualified in Schuyler County t e Commission Expires ,May 17, 201 Friday, August 12, 2011 The Ithaca Journal Legals• s050 Legals Ile building area, located at TOWN OF ITHACA 210 Enfield Falls Rd. Taxi ll ZONING BOARD Parcel No. 33.- 1 - 11 , Low OF APPEALS Density Residential. 1 NOTICE OF PUBLIC HEARINGS Appeal of Cayuga Medi.I Monday, cal Center, owner, HOLT) August 22, 2011 Architects. Agent, request-1 215 North Tioga ing a variance from the re- Street, Ithaca quirements of Chapter 270, 7:00 P.M. t Section 270- 116 'Height, Appeal of H. Thomas and Limitations' of the Town oN Penelope Gerhart, owners. Ithaca Code to be permit- requesting a variance from ted to construct the surgi. the requirements of Chap. cal lab addition, located at ter 270. Section 270-60E 101 Hams B. Dates Dr, 'Yard Regulations' of the Tax Parcel No. 24.-3-2. 1 , Town of Ithaca Code to al- Office Park Commercial. low an accessory building in the front yard, located at Assistance will be provided 902 Coddington Rd. Tax for individuals with special' Parcel No. 47.- 1 -1 , Low needs, upon request. Re - Density Residential. quests should be made not. less than 48 hours prior toy Appeal of Laurie John- the public hearings. son, owner, requesting var. iances from the require. Bruce W. Bates ments of Chapter 270, Director of Code ! Section 270-71B 'Yard Enforcement ;Regulations', Sections 607-273- 1783 , 270-73B and 270-73C Dated: August 10, 2011 'Size and Area of Published: August 12, 20111 the Town of Ithaca Code to ' be permitted to maintain a lot with insufficient rear yard depth, insufficient lot width at the street line, and insufficient lot width at the front yard setback line, ax • lo- cated at 119 Clover Ln, Tax Parcel No. 59.-2- 18, Medi: um Density Residential. Appeal of Cornell Univer- sity Real Estate Depart- ment, Owner/Applicant ' Maria S. Maynard, Property Manger, Agent, requesting i a variance from the require- ments of Chapter 221 , Section 2214A(1 ) 'Busi- i ness and Industrial District i _ Signs' of the Town of Itha- ca Code to be permitted to replace the existing wall sign with a new 33 +/- I square foot wall sign, which I I exceeds the allowable f square footage, in the same location, located at 335a Pine Tree Rd, Tax Parcel No. 62.-2- 1 . 121 , j Community Commercial. Appeal of Herbert J. . Engman, owner, requesting a variance and special ap- proval from the require- ments of Chapter 270, Sections 270-223A(1 ) and 270-223A(3)(c) 'Fences and Walls; Retaining Walls' to be permitted to install a fence greater than 6 feet in height and within the re- quired 10 foot setback area, located at 120 War- ren Rd, Tax Parcel No. 66.- 2-4, Medium Density Resi. . , dential. A p p e a I of Rachel ' Philipson and Michael Sampson, owners, request- " ' ing variances from the re- quirements of Chapter 270, Section 270-61 'Building { Area' and Se. ti or0 270- 62� 'Size and Area of Lot'Vof the Town of Ithaca Code to be permitted to£donsWctl an addition that increases ' the non-conformity of the { lot and exceeds the allows- AFFIDAVIT OF SERVICE BY MAIL OTE 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 12`h day of August 2011 , deponent served the within Notice upon the property owners of the following Tax Parcel Numbers : ***902 Coddington Rd William and Cheryl Baker Merry Bauer Thomas & Constance Bruce 100 Updike Rd 921 Coddington Rd 915 Coddington Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Coddington Rd Community Center Noel Desch and Eleanor May Zoltan & Meli Conant-Gergely 920 Coddington Rd 132 Updike Rd 838 Coddington Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 H. Thomas & Penelope Gerhart Lawrence & Rene Black-Hellwitz Robert & Elayne Nicholas 602 Spencer Rd 904 Coddington Rd 107 Updike Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 ald Scarofile Gregory Shaw & Susannah Fine Jeremy Taylor &: Anita Hall Coddington Rd 102 Updike Rd 833 Coddington Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Matthew Valaik & Michele Exposite 873 Coddington Rd Ithaca, NY 14850 ***119 Clover Ln Genia Albrecht Cortland Bassett & Regina Lennox William Banerman & Mary Ellen Meade 119 Clover Ln 105 Clover Ln 105 Homestead Cir Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Louis and Jeanne Billera Black Oak Ln Homeowners Anne Carson 925 Mitchell St Unit 5 511 W Seneca St 811 Mitchell St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 City of Ithaca Cornell University Jack & Renee Freed 108 E Green St PO Box DH 108 Homestead Cir Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Louise Furnas Richard Furnas David & Pamela Geatz 113 Clover Ln I I 1 Clover Ln 925 Mitchell St Unit 8 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Itert Hastings & Susan Cochran James & Yoshiko Hogg Douglas & Deborah Hogue 2315 Westridge Ave W Apt C- 1 921 Mitchell St 105 Homestead Cir Tacoma, WA 98466 Ithaca, NY 14850 Ithaca, NY 14850 Gloria Howell Ithaca City School District Carol Kalafatic 120 Clover Ln 400 Lake St 815 Mitchell St Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Richard & Donna Kuhar Edward & Joan Lawler Mark & Kathryn Leary 108 Clover Ln 925 Mitchell St Unit 2 101 Homestead Cir Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 SLongest Eunice McFall Andrew & Catherine Milnor E State St, Suite 500 901 Mitchell St 925 Mitchell St #6 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Ruth Morgan Terrance & Mary Anne Murphy Michael & Barbara Nussbaum 114 Clover Ln 116 Homestead Cir 925 Mitchell St # 1 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 148.50 Affidavit of Service by Mail Zoning Board of Appeals Meeting 08/22/2011 Charles & Hollie Pettit Uri & Rhoda Possen Edna Rinkcas 4KBates Rd 117 Clover Ln 110 Clover Ln ina, NY 14103 Ithaca, NY 14850 Ithaca, NY 14850 John Rudden Fred & Margot Schoeps Daniel Schwarz 817 Mitchell St 925 Mitchell St Unit 7 925 Mitchell St #3 Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Kerry Shaw & Matthew Hare Kay Shipman Adam & Amber Siepel 231 Berkshire Rd 116 Clover Ln 110 Homestead Cir Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 David Yeater 925 Mitchell St #4 Ithaca, NY 14850 ***210 Enfield Falls Rd Mary Bergman Thomas Brown Enfield Park 212 Enfield Falls Rd 574 Millard Hill Rd Finger Lakes Park Comm Ithaca, NY 14850 Newfield, NY 14867 Trumansburg, NY 14886 Thomas and Patti Farrell Finger Lakes State Parks Rebecca & Borden Godin 151 Enfield Falls Rd Trumansburg, NY 14886 227 Enfield Falls Rd Ithaca, NY 14850 Ithaca, NY 14850 fist & Jane Hardy Eileen Kelly James & Susan McCutcheon 215 Enfield Falls Rd 130 Enfield Falls Rd 157 Enfield Falls Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Jane Mead Ruth Miller NYS Department of Parks 222 Enfield Falls Rd 2224 Ellis St 110 State St Ithaca, NY 14850 Stevens Point, WI 54481 Albany, NY 12236 John & Sharon Salmi Michael Sampson & Rachel Philipson George & Carolyn Wells 132 Enfield Falls Rd 210 Enfield Falls Rd 214 Enfield Falls Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Wesley & Margaret Wells Peiling Xu John & James Young 214 Enfield Falls Rd 122 Enfield Falls Rd 410 Triphammer Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 ***335a Pine Tree Rd 1093 Group LLC ACP Properties of Ithaca, LLC Cornell FCU 295 Main St 1018 Ellis Hollow Rd 1030 Craft Rd Buffalo, NY 14203 Ithaca, NY 14850 Ithaca, NY 14850 Cornell University Cornell University Cornell University PO Box DH Tri-King Ventures Southern Tier Hospitality LLC a, NY 14853 1 Technology PI 255 Spring St East Syracuse, NY 13057 Sayre, PA 18840 East Lawn Cemetery Association Ellis Hollow LLC Holstein Friesian Assoc 934 Mitchell St 183 East Main St 957 Mitchell St Ithaca, NY 14850 Rochester, NY 14604 Ithaca, NY 14851 Janivar Inc NYS Electric and Gas Corp TCW Associates Summerhill Dr Suite 222 70 Farm View Dr Freeport 63 W Groton Rd Ithaca, NY 14850 New Gloucester, ME 04260 Groton, NY 13073 Yunis Properties, LLC 214 Church St 0 tra, NY 14901 ***120 Warren Rd Warren Allmon and Jennifer Tegan Georgette Atsedes George and Helen Bayer 528 Cayuga Heights Rd 104 Crest Ln 216 Forest Home Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Michael Bend and Valerie Hans Charles and Harriet Brittain Thomas Brutnell and Mary Howard 2 Affidavit of Service by Mail Zoning Board of Appeals Meeting 08/22/2011 127 Warren Rd 214 Forest Home Dr 220 Forest Home Dr a, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Cornell University Eastwind Development LLC Herbert J Engman PO Box DH 31 Fairway Dr 120 Warren Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 John Foote and Kristen Rupert Forest Home Church & Parsonage Andrew and Lantz Galloway 228 Forest Home Dr 224 Forest Home Dr 104 Halcyon Hill Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Laurel Hodgden & Kyllikki Inman Tom and Kyllikki Inman Michael Kandrach 110 Halcyon Hill Rd 110 Halcyon Hill Rd 217 Forest Home Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14851) Beth Kelly Michael and Carrie Koplinka-Loehr Robert and Virginia Langhans 105 Halcyon Hill Rd 124 Crest Ln 111 Halcyon Hill Rd Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Randolph and Joann Little James and Caitlin Loehr Marsha Lommel 111 Berkeley Cir 25 Fairway Dr 7436 Karl Dr Basking Ridge, NJ 07920 Ithaca, NY 14850 Lincoln, NE 68516 Daniel Loucks Jenny Mann and Guy Ortolano Sturt Manning Crest Ln 101 Halcyon Hill Rd 103 Crest Ln a, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 William and Aloma McElwee Kris and Stella Merschrod Daniel and Mari Kay Mitchell 114 Kay St 123 Warren Rd 108 Crest Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Robert and Elizabeth Mueller Frank Naples Trevor John Pinch 20 The Byway 110 Warren Rd 112 Crest Ln Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Charline Rossi Frederick and Elizabeth Schweizer Clinton Sidle 210 Forest Home Dr 122 Warren Rd 215 Forest Home Dr Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Brent and Susan Stephans Survivors Trust Westmont Fam Town of Ithaca 145 Forest Home Dr 131 Bonita Ave 215 N Tioga St Ithaca, NY 14850 Piedmont, CA 94611 Ithaca, NY 14850 William and Mary Trochim Rohit and Amita Verma 200 Forest Home Dr 29 Fairway Dr Ithaca, NY 14850 Ithaca, NY 14850 ***CMC Surgical Lab Addition Virginia Abel Joy Barr Taughannock Blvd. 1001 Taughannock Blvd. 3 Triphammer Lane aplewood Point Ithaca, NY 14850 Ithaca, NY 14850 thaca, NY 14850 Robert Bartholf Hoyt Benjamin & Rebecca Smith Frank Bettucci 1007 Taughannock Blvd. 1013 Taughannock Blvd. 970 Taughannock Blvd, Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Leslie Carrere Cayuga Professional Center LLC Randall Corey 1067 Taughannock Blvd. 323 N. Tioga Street 729 Hayts Road Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 0 Cornell University County of Tompkins Real Estate Department Department of Public Works Julie Crowley & Lisa Kerslake Box DH, 15 Thornwood Drive 170 Bostwick Road th Taughannock Blvd. 1485 I Ithaca, NY 14853-2801 Ithaca, NY 14850 Ithaca, NY 14850 3 Affidavit of Service by Mail Zoning Board of Appeals Meeting 08/22/2011 jftncis EganPeter Feitner Glenburnie Road Pamela & Paul Fairbanks Linda Waymire 935 Taughannock Blvd, 34439 Iris Circle: Mississauga On, LSG3C8 Ithaca, NY 14850 Canada Philomath, OR 97370 John & Katherine Finn Alan & Kay Friedlander Future PRI, LLC 132 Indian Creek Road 1057 Taughannock Blvd. 250 S . Clinton Street, Suite 502 Ithaca, NY 14850 Ithaca, NY 14850 Syracuse, NY 1. 3202 Theresa Gangl Sophia Gluck John & Nancy Gould 140 Indian Creek Road 152 Indian Creek Road 102 Happy Lane; Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Clare & Stephen Greene Salvatore & Rosalind Grippi Gerald & Patricia Hall 1031 Taughannock Blvd. 9 Orchard Hill Road 1307 Trumansburg Road Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Dorothy Hillyard Holochuck Homes LLC Adam Klausner Indian Creek Road 7 Brightside Avenue 409 Taughannock Blvd. .aca, NY 14850 East Northport, NY 11731 Ithaca, NY 14850 John Krupa Song Ja Kyong Heather Lane 156 Indian Creek Road 220 Highgate Road 3 Hunters Lane Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Roy Luft & Nancy Emerson Evalyn Lou Macleod Wm & Carolyn Mallory 1317 Trumansburg Road 981 Taughannock Blvd. 9 Kepner Street: Ithaca, NY 14850 Ithaca, NY 14850 Buckhannon, WV 26201 Bonnie Mathers & Edward McArdle Richard & Sally Mennen Marilyn Patterson 1600 East Main, Suite B 997 Taughannock Blvd. 909 Taughannock Blvd. St. Charles, IL 60174 Ithaca, NY 14850 Ithaca, NY 14850 NYS Electric & Gas Corp. Overlook at West Hill Paleontological Research Inst. 70 Farm View Drive Freeport Housing Dev Fund Corp 1259 Trumansburg Road New Gloucester, ME 04260 11 Park Place, Suite 1705 Ithaca, NY 14850 0 New York, NY 10007 People of New York State Rahn & Vickie Pitzer John & Kimberly Regan 110 State Street 1 Highgate Circle 466 Park Avenue Albany, NY 12236 Ithaca, NY 14850 Rye, NY 10580 Margaret Reizes Linda Ruth Barry Stepp 2917 S. Ocean Blvd. , Apt. 105 1061 Taughannock Blvd, 1950 Atlantic Street, Apt. 216 Highland Beach, FL 33487 Ithaca, NY 14850 Melbourne Beach, FL 32951 Teitelbaum & Linda Andrei Carol Terrizzi j Robert Terry 55 Taughannock Blvd. 983 Taughannock Blvd. i 107 Worth Street Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 4 Affidavit of Service by Mail Zoning Board of Appeals Meeting 08/22/2011 Dudley Group LLC Carol Theobald Curtis & Amanda Ufford 51 450' Street, Suite 208 1237 E. Madison Street 147 Honness Lane West Palm Beach, FL 33407 Ely, MN 55731 Ithaca, NY 14850 Joshua Weinreich Richard Wentzel West Hill Cemetery Assoc . 123 Hobart Avenue 11 Greenridge Drive 1. 11 Woolf Lane Summitt, NJ 07901 Clifton Park, NY 12065 Ithaca, NY 14850 Hans Christian Wien Scott Wiggins Walter Wiggins 913 Taughannock Blvd. 967 Taughannock Blvd. 961 Taughannock Blvd. Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Wayne & Shirley Woodward David Yeater Lawrence Young & Jennifer Engel 169 Blakeslee Hill Road 925 Mitchell Street #4 927 Taughannock Blvd. Newfield, NY 14867 Ithaca, NY 14850 Ithaca, NY 14850 Louis J. LoVecchio hn B . Rudd .Cayuga Medical Center Assistant Vice President Se ' r Vice President OaHarris B . Dates Drive Cayuga Medical Center Cayug edical Center ca, NY 14850 101 Harris B . Dates Drive 101 Harri . Dates Drive Ithaca, NY 14850 Ithaca,. NY 850 berly Michaels Z� t idge & Wolf 1 W. neca Street, Suite e1101 Ithaca, NY 850 Carrie Coates -hitrrrore, Senior Typist Town of Ithaca Sworn to before me this 12`h day of August 2011 . 0 -1 - No Public DEBORAH''KELLV- Notary Pd&c, St46;6f New York No: 01 KE6025073 Qualified iri Schuyler County mmissidn`Ezpires May- 17,- 20 I to 5