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HomeMy WebLinkAboutZBA Minutes 2012-01-23 FILE DATE a ® Town of Ithaca Zoning Board of Appeals Monday, January 23, 2012 7 : 00 p. m . Board Members Present : Kirk Sigel , Chairman ; Dave Mountin , Bill King Staff Present : Susan Brock, Attorney for the Town ; Kristie Gifford , Senior Code Enforcement Officer; Creig Hebdon , Town Engineers Carrie Coates Whitmore, Deputy Town Clerk. Others : Gennady and Julia Samorodnitsky, Ben DeGeorge, Gregar Brous, and Andy Ramsgard . Call to Order Called to order at 7 : 05 p . m . Appeal of Gennady and Julia Samorodnitsky, owners, requesting a variance from the requirements of Chapter 270, Section 270= 71C ""Yard Regulations" of the Town of Ithaca Code to be allowed to construct an extension of a deck within the side yard setback, located at 126 Lexington Dr, Tax Parcel No. 72.- 1 = 19, Medium Density Residential . Said property is split by the Town of Ithaca and Village of Cayuga Heights municipal boundary. Mr. and Mrs. Samorodnitsky appeared before the board . Chairperson Sigel commented that the applicants were unfortunate to have the town/village boundary straddling their property. This results in the proposed deck having a setback of zero feet. He noted that the property is otherwise conforming if not for the issue with the boundary line . Chairperson Sigel solicited questions and comments from the board . There were none . Chairperson Sigel stated that request seemed straightforward . Attorney Brock explained that parcels cannot be consolidated because it is two separate municipalities and the County Assessment Department requires the parcels to remain separate . She added that the action is a Type II action under SEQR because it is an area variance for a single family home. Chairperson Sigel asked if there is enough detail in the plans to condition approval on the plans submitted . Ms. Gifford indicated that the plans were sufficient. Public Hearing Chairperson Sigel opened the public hearing at 7 : 09 p . m . and invited the public to address the board . There being no one wishing to speak, he closed the public hearing at 7 : 09 p . m . Zoning Board of Appeals Minutes of January 23, 2012 ® Chairperson Sigel moved to grant the appeal of Mr. and Mrs. Samorodnitsky to be allowed to construct an extension of a deck with the side yard setback at 126 Lexington Drive with the condition that the deck be built as shown on plans submitted to the board and finding that all requirements of an area variance had been satisfied , specifically listing how each criterion was met. Motion seconded by Mr. Mountin . Vote—carried unanimously. ZB RESOLUTION 2012-001: Area Variance. Gennady and 1u/ia Samorodnitdky, 126 Lex/naton Dr, Tax Parcel No. 72, -1 -19 Motion made by Kirk Sigel, seconded by Dave Mountin. Resolved, that this board grants the appeal of Gennady and Julia Samorodn/tsky, requesting a variance from the requirements of Chapter 270, Section 270-71C, " Yard Regulations" of the Town of Ithaca Code to be allowed to construct an extension of a deck within the side yard setback located at 126 Lexington Dr, Tax Parcel No. 72. -1 -19, Medium Density Residential Zone with the following: Condition: 1. That the deck be built substantially as indicated on the plans submitted by the applicant. Findings: That the benefit to the applicant does outweigh any detriment to the health, safety, and we/fare of the community, specifically: 1, That the benefit cannot be achieved by any other means feasible given the unique situation that this property is split by a municipal boundary, 2. That there will not be an undesirable change to neighborhood character or nearby properties because if this municipal split were not there, the proposal would meet all zoning regulations, 3. That the request is not substantial for the same reasons as already stated, 4. The request will not have adverse physical or environmental effects, 5. The alleged difficulty is not se/f-created given the location of the municipal boundary not being the applicants' fault. ® A vote on the motion resulted as follows: Page 2 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® A YES.• Sig% Mountin and King. NA YS.• None. Motion was carried unanimously. ARReal of Hillside Alliance Church, owner, Ben DeGeorge, agent, requesting modification of ZBA Resolution No . 2011= 002, which permitted the construction of a shed without the Town required sprinkler system, to be permitted to relocate the shed (to be used for a clothing drop off) located at 1422 Slaterville Rd, Tax Parcel No . 58. - 2-39 . 3, Medium Density Residential , Ben DeGeorge of St. Pauly Textile appeared before the Board on behalf of Hillside Alliance Church . Chairperson Sigel asked if anything else had changed other than the location . Mr. DeGeorge said no and explained that the shed was accidentally located in a drainage ditch area . Ms . Gifford added that the shed had been moved a good distance from the approved location . Chairperson Sigel asked if there were questions . There were none . He added that it seemed straightforward and the board agreed . He went on to note that the shed was ® not visible from the road . Mr. DeGeorge apologized for placing the shed in the wrong location . Chairperson Sigel thanked Mr. DeGeorge and stated that the board did not have a problem with the proposed location . SEQR Attorney Brock explained that the board did not need to do SEQR review because it is the construction of an accessory non- residential structure/facility involving less than 4,000 square feet of gross floor area and it is consistent with local land use controls . Public Hearing Chairperson Sigel opened the public hearing at 7 : 15 p . m . and invited the public to address the board . There being no one interested in speaking, Chairperson Sigel closed the public hearing at 7 : 15 p . m . Chairperson Sigel moved to grant the appeal of Hillside Alliance Church, requesting modification of ZB Resolution No . 2011 =002 , to be permitted to relocate a shed located at 1422 Slaterville Rd, Tax Parcel No . 58 . -2-39 . 3 , Medium Density Residential, with a condition on shed location and finding that all criteria of a sprinkler variance had been satisfied, specifically listing how each criterion was met. is Motion seconded by Bill King . Vote—carried unanimously. Page 3 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ZB RESOLUTION 2012-002; Modification of Sprinkler Variance, Hillside Alliance Church,. 1422 Slaterville Rd, Tax Parcel No. 58. -2-39.3 Motion made by Kirk Sigel, seconded by Bill King. Resolved, that this board grants the appeal of Hillside Alliance Church, requesting modification of ZB Resolution No. 2011 -002, which permitted the construction of a shed without a Town required sprinkler system, to be permitted to relocate the shed located at 1422 Slaterville Rd, Tax Parcel No. 58. -2-39. 3, Medium Density Residential with the following: Condition. 1. That the shed be located substantially where shown on the applicants plans submitted to the board. Findings: 1. That the requirement of a sprinkler system in this situation would create a practical difficulty or unnecessary hardship for the applicant because a sprinkler system ® would be an unnecessary expense because there are no utilities going to the shed; 2. The omission of a sprinkler system from the shed would not significantly jeopardize human life because the shed is used merely for the storage of clothing and will not be occupied at any time. A vote on the motion resulted as follows: A YES: Sigel, Mountin and King. NAYS: None. Motion was carried unanimously. ARReal of the Town of Ithaca, Creig Hebdon, agent, requesting a variance from the requirements of Chapter 270, Section 270- 70 ` Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48' x 39 ' glass line water tank that exceeds the height limitation, located at 118 Flora Brown Dr on the Ithaca College Campus ( known as the Danby Rd Water Tank site), Tax Parcel No. 41 . - 1 -30. 2, Medium Density Residential . Said tank is a replacement of the existing 50' x 35' glass lined water tank. Mr. Hebdon appeared before the board on behalf of the Town . He explained that the ® town is continuously upgrading its water system . The Town looked into repairing the two tanks built on south hill, which were built in 1952 and 1953, and decided to replace the tanks because the repair cost was almost as much as the replacement cost. Page 4 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® The current tanks are steel tanks and the plan is to replace the tanks in their current locations with new aquastore tanks . The standard size for aquastore tanks is 48' x 391 . Mr. Hebdon explained that the Danby Road tank already exceeds the Town 's height limitation of 30 feet; the current tank is 35 feet. The height of the Danby tank is being increased to 39 feet. The Northview Road tank is currently 30 feet so the height of the new tank is an increase of 9 feet. Mr. Hebdon went on to explain that the two tanks act as sister tanks. A valve had to be installed at the bottom to keep the Northview tank from being overflowed . The tanks are at the same elevation and having the tanks the same size will prevent the Northview tank from being overflowed and the valve will no longer be needed . Chairperson Sigel asked if the Danby and Northview tanks already have the required fencing . Mr. Hebdon explained that the Northview tank has the required fencing and the Town has a waiver for fencing around the Danby tank because it is on the Ithaca College campus . Ithaca College's security patrols the tank site continuously and there are cameras on the site . Chairperson Sigel asked if fencing is required for the Hungerford tank. Mr. Hebdon explained that fencing is required for that tank. He read the board the federal EPA security guidelines for fencing . He noted that the fenced needed to be 7 to 9 feet high and the Town chose 8 foot high fencing . The regulations also require outriggers affixed to the top of the fence angled away from the facility so as not to allow someone to lay a ladder on the fence . The Town is also required to put of No Trespassing signs and make sure there are no tree limbs near the fence that someone could use to climb over the fence . Mr. Mountin asked if Mr. Hebdon knew the estimated recycling value of the steel tank. Mr. Hebdon hoped that the cost of removing the steel tanks will equal the recycling value . He noted that there will not be any water system changes . The pipes flowing into the tanks will be reused . Mr. Mountin asked about the condition of the Town 's existing pumps . Mr. Hebdon responded that most of the pump stations are in fairly good shape . He noted that a new pump station for Hungerford Hill was just put in by the East Hill tank. Northview and Danby tanks are filled by a PRV ( pressure release valve) by Pearsall Road . Mr. Mountin asked if the pumps have VSD's (variable speed drive) in them . Mr. Hebdon said that most of them do . SEQR Attorney Brock stated that SEQR was not needed for the Danby Road tank because it is ® replacement of kind on the same site. SEQR is needed for the Northview Road tank because the tank volume is increasing substantially. Hungerford Hill tank also requires Page 5 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® SEQR because of the addition of the fence, which does not comply with the Town 's fence law . She noted that the Town Board also completed SEQR reviews, but it was not a coordinated review . Public Hearing Chairperson Sigel opened the public hearing at 7 : 27 p . m . and invited the public to address the board . There being no on interested in speaking, he closed the public hearing at 7 : 27 p . m . Attorney Brock noted that the public hearing stated that it is a replacement of an existing glass lined water tank, but it is actually a steel water tank being replaced with a glass lined water tank. Mr. Mountin asked if the tanks were filled with enough capacity for future growth . Mr. Hebdon stated that the Danby Rd tank was being replaced with the same size tank. The Northview Rd tank will increase from a 200, 000-gallon tank to a 500,000-gallon tank. He explained that the tank also supports the Ridgecrest and Troy Road tanks. Mr. Mountin asked if there were plans for more tanks . Mr. Hebdon said there were no plans for additional tanks. ® Chairperson Sigel moved to grant the appeal of the Town of Ithaca to be permitted to construct a 48' x 39 ' glass line water tank that exceeds the height limitation with a condition on height and finding that all criteria of an area variance had been satisfied , specifying how each criterion was met. Motion seconded by Dave Mountin . Vote—carried unanimously. ZB RESOLUTION 2012-003: Height Variance, Town of Ithaca, 118 F/ora Brown Dr, Tax Parcel No. 41. =1 =30.2 Motion made by Kirk Sig% seconded by Dave Mountin. Resolved, that this board grants the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48'x 39'glass lined water tank that exceeds the height limitation located at 118 Flora Brown Dr on the Ithaca College campus (known as the Danby Rd Water Tank site), Tax Parcel No. 41. -130. 2, Medium Density Residential zone. Said tank is a replacing an existing 50 'x 35'5teel water tank. Condition. 4 1. That the tank not exceed 41 feet in height. Page 6 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® 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 need to supply water to the water district, 2. An undesirable change in the neighborhood character or to nearby properties will not take place given that it is replacement of an existing tank, 3. While the request is substantial, nevertheless the benefit outweighs any detriment to the health, safety and welfare of the community, 4. That the request will not have adverse physical or environmental effects, as it is replacing a tank of the same capacity and while it is 4 feet higher than the current tank it is not deemed to be substantial for structures of this type, 5. That the alleged difficulty is not self-created. ® A vote on the motion resulted as follows: A YES: Sigel, Mountin and King. NA YS: None. Motion was carried unanimously. Appeal of the Town of Ithaca, Creig Hebdon , agent, requesting a variance from the requirements of Chapter 270, Section 270-70 " Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48' x 39' glass line water tank that exceeds the height limitation, located at 350 Coddington Rd on the Ithaca College Campus ( known as the Northview Rd Water Tank site), Tax Parcel No . 41 . - 1 -30 . 2 , Medium Density Residential . Said tank is a replacement of the existing 34' x 30 ' steel water tank. SEQR Chairperson Sigel moved to make a negative determination of environmental significance 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 . Motion seconded by Mr. Mountin . Vote—carried unanimously. ZB RESOLUTION 2012-004: EnvironmentaiAssessment, Town oflthacm 350 ® Coddinaton Rd, Tax Parcel No. 41. -1 -30.2 Page 7 of 18 Zoning Board of Appeals Minutes of January 23, 2012 Ol Motion made by Kirk Sigel, seconded by Dave Mountin. Resolved, that in regard to the appeal of the Town of Ithaca, requesting a variance for the water tank at 350 Coddington Rd, known as the Northview Rd water tank, that this board makes a negative determination of environmental significance based on the information in the Part I environmental assessment form and for the reasons stated in the Part II environmental assessment form. A vote on the motion resulted as follows: A YES: Sigel, 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 . Chairperson Sigel moved to grant the appeal of the Town of Ithaca to be permitted to • construct a 48' x 39' glass lined water tank that exceeds the height limitation with a condition on tank height and finding that all criteria of an area variance had been satisfied , specifically listing how each criterion was met. Motion seconded by Bill King . Vote- carried unanimously. ZB RESOLUTION 2012-005: Area Variance, Town of Ithaca, 350 Coddington Rd, Tax Parcel No. 41. "l m3O.2 Motion made by Kirk Sigel, seconded by Bill King. Resolved, that this board grants the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 170, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct a 481x 39 ,f glass lined water tank that exceeds the height limitation located at 350 Coddington Rd on the Ithaca College campus, known as the Northview Road water tank site, Tax Parcel No. 41. -1 -30. 2, Medium Density Residential Zone. Said tank is a replacement of the existing 34 'x 30' steel water tank. Condition. 1. That the height of the tank not exceed 41 feet. Page 8 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® 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 need to provide water service to the water district, 2. That there will not be an undesirable change to neighborhood character or to nearby properties given that there is an existing tank on the site and will be replaced by a new tank, 3. That the request is substantial, but nevertheless the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, 4. That the request will not have adverse physical or en wronmental effects, as it is the replacement of an existing tank and while the tank is 9 feet higher than the current tank, it is not deemed to be substantial for structures of this type, 5. 777at the alleged difficulty is not self-created. A vote on the motion resulted as follows: A YES.• Sigel, Mountin and King. NA YS: None. Motion was carried unanimously. Appeal of the Town of Ithaca, Creig Hebdon, agent, requesting a variance from the requirements of Chapter 270, Section 223A( 1 ) " Fences and Walls; Retaining Walls" of the Town of Ithaca Code to be permitted to construct an 8 foot high fence around the site of the existing steel water tank, located at 151 Fells Dr on the Cornell University Campus ( known as the Hungerford Hill Water Tank site), Tax Parcel No. 61 . = 1- 7. 2, Low Density Residential . New security regulations for water tank sites require an 8 foot fence to be constructed around the water tank. Chairperson Sigel stated that Attorney Brock notified him that the board would need to grant a variance for the barbed wiring . Attorney Brock explained that there is a provision in the Town 's fence law that prohibits barbed wiring except under certain circumstances, none which apply to the current situation . She thought that the board should mention the barbed wire as part of the height variance to clarify that it is or is ® not permitted . Page 9 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® Attorney Brock read the applicable section of the Town Code to the board . She thought Mr. Bates interpreted the section to apply only if someone could be reasonably expected to come into contact with it. She did not read it the same way. Chairperson Sigel agreed with Attorney Brock that a variance would be needed for the barbed wire . He went on to ask if Attorney Brock thought that the board could grant the variance simply mentioning that the barbed wire would be present. He asked if the board had the power to grant a variance allowing barbed wire where it is not allowed . Attorney Brock thought so . Mr. King asked when the security guidelines become effective . Mr. Hebdon responded that the guidelines have been in place since at least 2001 . He noted that most of the fences have the three-foot extension out. Mr. King then asked where the guideline came from . Mr. Hebdon explained that the EPA has a section called Water Security and it has security product guide fences and it describes exactly how the fence has to be set up . Attorney Brock asked if it was a regulation from the code of regulations. Mr. Hebdon replied yes under the EPA Safe Water Drinking Act. Attorney Brock asked if it was part of the statute or part of the regulations . Mr. Hebdon thought it was under regulations. ® Mr. King asked if that supersedes local laws . Chairperson Sigel stated that the board would have a hard time denying it. Mr. King then asked if an applicant needed to get a variance for something required by law. Chairperson Sigel stated that if barbed wire was not an allowed use of the property then it could possibly be a use variance. Attorney Brock reminded the board that they are talking about a fence and fences are allowed . Chairperson Sigel did not think it was an area variance type of issue to allow something that was not allowed . He noted that the board was not varying a dimension to allow barbed wire . Attorney Brock explained that dimensions or physical requirements of zoning regulations can be varied by area variances . She thought that barbed wire could be considered a physical requirement. Mr. Hebdon explained that the Town had not installed a fence before at the Hungerford property because the property was shared with Cornell . The County informed the Town that they had to bring the tank site into compliance with the fence regulations since they were improving the tank. SEQR Chairperson Sigel moved to make a negative determination of environmental significance 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 . Page 10 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® Motion seconded by Bill King . Vote--carried unanimously . ZB RESOLUTION 2012-006: Env/ronmenta/ Assessment, Town oflthaca, 151 Fe/is Dr, Tax Pace/ No. 61, 417,2 Motion made by Kirk Sigel, seconded by Bill King. Resolved, that in regard to the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 270, Section 270-223A1 for the water tank located at 151 Felis Dr, that this board makes a negative determination of environmental significance based on the information in the Part I en vironmental assessment form and for the reasons stated in the Part II environmental assessment form. A vote on the motion resulted as follows: A YESSigel, Mountin and King, NA YS.• None. Motion was carried unanimously. Public Hearing Chairperson Sigel opened the public hearing at 7 : 44 p . m . and invited the public to address the board . There being no one interested in speaking , he closed the public hearing at 7 : 44 p . m . Chairperson Sigel moved to grant the appeal of the Town of Ithaca to be permitted to construct a fence around the site of an existing water tank that exceeds the height limitation at 151 Felis Dr with a condition on overall fence height and finding that all criteria of an area variance had been satisfied, specifically listing how each criterion was met. Motion seconded by Dave Mountin . Vote carried unanimously. ZB RESOLUTION 2012-007.• Area Variance, Town of Ithaca, 151 Fe/is Dr, Tax Parte/Nd. 61, =I =Z 2 Motion made by Kirk Sigel, seconded by Dave Mountin. Resolved, that this board grants the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 270, Section 270-223A(1) "Fences and Walls; Retaining Walls" of the Town of Ithaca Code to be permitted to construct a fence around the site of the existing steel water tank located at 151 Fells Dr on the Cornell ® University campus, known as the Hungen`ord Hill water tank site, Tax Parcel No. 61. -1 - 7. 2, Low Density Residential Zone with the following; Page 11 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® condition: 1. That the total height of the fence including barbed wire not exceed 10 feet. 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, which is compliance with federal regulations, cannot be achieved by any other means feasible, 2. That an undesirable change in neighborhood character or to nearby properties will not take place given the relatively remote location of the water tank site and the fact that it is not close to any nearby residential properties, .3. That while the request is substantial, being well-over the allowed height of a fence, that 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 effects, and 5. 777at the alleged difficulty is not self-created given the federal requirement to install the fence. A vote on the motion resulted as follows: A YES: Sigel, Mountin and King. NA Y5.• None. Motion was carried unanimously. Areal of Cornell University, owner, Gregar Brous, applicant, requesting variances from the requirements of Chapter 270, Section 117A(3 ) "Yard Regulations" of the Town of Ithaca Code to be permitted to place a structure within the required side yard setback and the requirements of Chapter 270, Section 270= 135F " Principal Uses Authorized by Special Permit Only" of the Town of Ithaca Code to be permitted to operate a bar or tavern less than 150 feet from a residential zone, located at 381 Pine Tree Rd, Tax Parcel No. 62. = 24 . 123, Community Commercial . Gregar Brous and Andy Ramsgard appeared before the board . Mr. Ramsgard provided ® a drawing to the board showing the distance from the cooler to the low density residential zone boundary line . Page 12 of 18 Zoning Board of Appeals Minutes of January 23, 2012 is Mr. Ramsgard explained that the property is formally known as Olivia 's and is now proposed to be known as Agava . He said that the idea is to re-open the restaurant and reserve the population that was previously served . The property has been used as a restaurant since 1977, including serving alcohol to its patrons. Mr. Ramsgard went on to say that the property abuts a low density district; however, the uses on abutting properties include office space, cemetery, drug store, car wash, and a shopping plaza . The proposed prefabricated cooler would be in an area that was previously used for the restaurant, which is located in a fenced-in area next to the north property line . Chairperson Sigel asked for the proposed setback. Mr. Ramsgard responded that the proposed fence is one foot off the property line and the proposal is to locate the cooler on the inside of the fence; the setback would be approximately 1 foot. Chairperson Sigel then asked Ms . Gifford if the fence on the site is legal . Ms . Gifford explained that the fence is legally nonconforming because it has existed for many years . Chairperson Sigel followed up by asking if the existing building meets setbacks . Ms . Gifford stated that the building is also legally nonconforming . ® Chairperson Sigel solicited questions and comments regarding the cooler placement. He noted that it is a very deficient setback, but thought that it was a unique situation . He did not think that the cooler felt as if it was a foot away from the property line given the way the property layout. Mr. Ramsgard added that the cooler was quite a distance from the road and estimated that it was located 15 feet from the access road curb line . He went on to say that the Agava restaurant has access rights to the access road, as do the other adjacent properties to the north and east. Attorney Brock stated that Cornell owns the restaurant property and the surrounding properties, except the car wash . Mr. Mountin asked about the statement "formerly Kailbury" on the plans submitted to the board . Mr. Ramsgard explained that it is the previous ownership of the carwash property. Chairperson Sigel commented that the only setback deficiency for the proposed cooler is the north property line. The other issue is the required setback for an establishment serving alcohol . He explained that the variance is needed for the Planning Board to grant special approval . Chairperson Sigel noted that there is issue with the way the public hearing was advertised ; the section of law stated in the public hearing notice was for a bar or tavern when the proposal is more for a restaurant serving alcohol . He went ® on to say that he discussed with Mr. Bates and Attorney Brock that there is some ambiguity with regard to a bar that serves food versus a restaurant that serves alcohol . Page 13 of 18 Zoning Board of Appeals Minutes of January 23, 2012 He noted that part of the interior design of the restaurant appeared to be a bar area . Chairperson Sigel stated that the board could potentially grant a variance mentioning both sections because both sections require a setback of 150 feet. Mr. Ramsgard explained that there is a difference in the State liquor law between a bar and a restaurant that serves to patrons . The liquor license will be under a restaurant. Attorney Brock thought it was important then , to also grant the variance citing the restaurant section as well . Mr. Brous asked if it was possible to have flexibility in the dimension of the cooler because he had not actually purchased the cooler yet. Chairperson Sigel asked if the cooler would exceed the height of the fence . Mr. Ramsgard responded that the fence is 6 feet high and a cooler is typically 7 . 5 feet high . Chairperson Sigel thought that the board could specify the distance from the north line with flexibility of where the cooler is placed within the fence . Ms. Gifford asked if the existing fence would remain . Mr. Ramsgard stated that the fence will remain and they will be repairing it. Ms. Gifford then asked if a portion of the cooler would have a roof. Mr. Ramsgard explained that the door portion- of the cooler would have a roof so there could be access directly off the kitchen and not get wet. ® SEQR Chairperson Sigel moved to make a negative determination of environmental significance 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 . Motion seconded by Bill King . Vote—carried unanimously. Z8 RESOLUTION 2012-008; Environmental Assessment, Cornell University 381 Pine Tree Rd, Tax Parcel No, 62, -2-1, 123 Motion made by Kirk Sig% seconded by 8/ll King. Resolved, that /n regard to the appeal of Cornell University, request/ng var/ances for a property located at 381 Plne Tree Rd, that this board makes a negative determination of environmental significance based on the /nformat/on /n the Part I env/ronmental assessment form and for the reasons stated /n the Part II en v/ronmental assessment form. A vote on the motion resulted as follows: AYES.• S/g% Mountin and King. NA YS: None. Page 14 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® Motion was carried unanimously. Public Hearing Chairperson Sigel opened the public hearing at 8 : 05 p . m . and invited the public to address the board . There being no one present besides the applicant, Chairperson Sigel closed the public hearing at 8 : 05 p . m . Chairperson Sigel stated that the final issue that the board needed to discuss was the final measurement of the setback from the low density residential zone . Attorney Brock asked if the property line or structure should be used . Chairperson Sigel explained that the issue is that both , a and f, state that the place of business shall be located a certain distance from the residential zone . He wondered if the place of business was the entire lot the restaurant is on or if it is just the physical building . Mr. King asked if there was further clarification . Attorney Brock said that there was not and went on to ask if the board had ever made that determination before . If not, whatever the board decided could set a precedent. Mr. King stated that there is not a residence nearby so he did not think it mattered for this case if the property line was used as the measurement marker. Chairperson Sigel - clarified that it is a residential zone, but not used as residential . Mr. King agreed . ® Chairperson Sigel went on to give a scenario of the neighboring property being used as residential property. He wondered what the board thought the code meant by place of business. Is the intention to be from the property line, the building or something else? Attorney Brock suggested that maybe the parking lot is part of the business, but maybe not the 50 feet of grass beyond the parking lot. Chairperson Sigel said that it might matter a lot to someone who was trying to put something on a large lot. He gave an example of a restaurant being far away from the residence zone, but the property line is close to the zone . Chairperson Sigel thought it seemed like a fairly narrow definition of place of business could be just the building . He added that that would be more advantageous to the property owner and thought that the board was supposed to construe the ordinance in favor of the property owner when the ordinance was ambiguous . Mr. Mountin added that if a business consists of outdoor activities, such as Agway with displays outside, he would consider the area outside as part of the place of business and not just the building itself. Ms. Gifford added that the property has an outdoor seating area on a decks the deck is considered to be part of the building . She went on to say that a lot of restaurants have seating areas separate from the building . Attorney Brock suggested that the board may need to make a case by case determination . Page 15 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® Chairperson Sigel stated that the board could make a narrow decision and decide that for this particular case that the place of business extends to the boundary of the fence . Mr. Ramsgard explained that the liquor license regulations require outdoor alcohol be served within an enclosed gate because there cannot be a free-flow of alcohol mitigating beyond the defined location of the liquor license . He added that the liquor license requires that a restaurant has to have a defined area and a set of plans showing window locations, gate locations, liquor delivery locations, etc. Chairperson Sigel asked the board if they have covered all the issues; the board thought that they had . Chairperson Sigel moved to grant the appeal of Cornell University, Gregar Brous, applicant to be permitted to place a structure within the required side yard setback and the requirements of Chapter 270, Section 270- 135E and Section 270435F " Principle Uses Authorized by Special Permit Only" of the Town of Ithaca Code to be permitted to operate a restaurant, which also has a bar area and serves alcohol , less than 150 feet from a residential zone located at 381 Pine Tree Rd with conditions on setbacks and cooler location, and finding that all criteria of an area variance had been satisfied, specifically listing how each criterion was met. ® Motion seconded by Mr. Mountin . Vote—carried unanimously. ZB RESOLUTION 2012-009: Area Variance, Cone// University, 381 Pine Tree Rd, Tax Parcel No. 62, -2-1, 123 Motion made by Kirk Sigel, seconded by Dave Mountln. Resolved, that this board grants the appeal of Cornell University, Gregar Brous, applicant, requesting variances from the requirements of Chapter 270, Section 270- 117A(3) " Yard Regulations" of the Town of Ithaca Code to be permitted to place a structure within the required side yard setback and the requirements of Chapter 270, Sect/on 270-135E and Section 270-135F "Principle Uses Authorized by Special Permit Only" of the Town of Ithaca Code to be permitted to operate a restaurant, which also has a bar area and serves alcohol, less than 150 feet from a residential zone located at 381 Pine Tree Rd, Tax Parcel No. 62. 2-1. 123, Community Commercial Zone, with the fol owing: Conditions: I. That in the case of the walk-in cooler setback, that the distance to the not side lot line be no less than one foot, ® 2. That the cooler be placed within the bounds of the existing fenced in area, and Page 16 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® 3. That in the case of the variance from Section 270-135E and Section 270-135F, that the distance from the place of business, which is found by this board to be the edge of the fenced in area on the north side of the property, be no less than 58 feet to the low density residential zone boundary. 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 limited options for placement of a walk-in cooler on this property. The location within the existing fenced in area would appear to be a reasonable and desirable location for the cooler. Additionally, the need to have the variance from the setback from the low density residential zone also cannot be achieved by any other means feasible given the location of the existing structure, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given the fact that this location has been used as a restaurant that has - served alcohol for many years, ® 3. That while the request is substantial, the cooler setback being approximately one foot and the setback from the low density residential zone being approximately 60 feet where 150 feet is required, that nevertheless the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. Additionally, the applicant, which is Cornell University, is the owner of the property of the nearest portion of the residential zone, 4. That the request will not have adverse physical or environmental effects given that the only proposed construction having to do with this variance will be the installation of a prefabricated walk-in cooler with a constructed roof over a portion of it, and 5. 777at the alleged difficulty is self-created by the applicants recent proposal to perform this modification to the site, but 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: A YES.• Sigel, Mountin and King. NAYS.• None. Motion was carried unanimously. Page 17 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® Other Business The board decided to elect a vice-chairperson when the entire board was present at the meeting . Mr. King reported that he was unable to attend the February 27th meeting . Adjournment There being no further business before the board, Chairperson Sigel adjourned the meeting at 8 : 22 p . m . Kirk Sigel , Chairperson Carrie Coates itmore, Deputy Town Clerk Page 18 of 18 ® TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, January 23, 2012 215 North Tloga Street, Ithaca 7: 00 P. M . Appeal of Gennady and Julia Samorodnitsky, owners , requesting a variance from the requirements of Chapter 270, Section 270-71 C 'Yard Regulations" of the Town of Ithaca Code to be allowed to construct an extension of a deck within the side yard setback, located at 126 Lexington Dr, Tax Parcel No. 72 . - 1 - 19, Medium Density Residential . Said property is split by the Town of Ithaca and Village of Cayuga Heights municipal boundary. Appeal of Hillside Alliance Church , owner, Ben DeGeorge , agent, requesting modification of ZBA Resolution No. 2011 -002 , which permitted the construction of a shed without .the Town required sprinkler system , to be permitted to relocate the shed (to be used for a clothing drop off) located at 1422 Slaterville Rd , Tax Parcel No. 58.-2-39.3, Medium Density Residential . Appeal of the Town of Ithaca, Creig Hebdon , agent, requesting a variance from the requirements of Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48' x 39' glass line water tank that exceeds the height limitation , located at 118 Flora Brown Dr on the Ithaca College Campus (known as the Danby Rd Water Tank site) , Tax Parcel No, 41 . - 1 -30.2, Medium Density Residential . Said tank is a replacement of the existing 50' x 35' glass lined water tank. Appeal of the Town of Ithaca, Creig Hebdon , agent, requesting a variance from the requirements of Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48' x 39' glass line water tank that exceeds the height limitation , located at 350 Coddington Rd on the ® Ithaca College Campus (known as the Northview Rd Water Tank site) , Tax Parcel No. 41 .- 1 -30. 2, Medium Density Residential . Said tank is a replacement of the existing 34' x 30' steel water tank. Appeal of the Town of Ithaca, Creig Hebdon , agent, requesting a variance from the requirements of Chapter 270, Section 223A( 1 ) "Fences and Walls; Retaining Walls" of the Town of Ithaca Code to be permitted to construct an 8 foot high fence around the site of the existing steel water tank, located at 151 Felis Dr on the Cornell University Campus (known as the Hungerford Hill Water Tank site) , Tax Parcel No. 61 . - 1 -7.2 , Low Density Residential . New security regulations for water tank sites require an 8 foot fence to be constructed around the water tank. Appeal of Cornell University, owner, Gregar Brous , applicant, requesting variances from the requirements of Chapter 270, Section 117A(3) "Yard Regulations" of the Town of Ithaca Code to be permitted to place a structure within the required side yard setback and the requirements of Chapter 270 , Section 270- 135F "Principal Uses Authorized by Special Permit Only" of the Town of Ithaca Code to be permitted to operate a bar or tavern less than 150 feet from a residential zone, located at 381 Pine Tree Rd , Tax Parcel No. 62.-2- 1 . 123, Community 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 : January 11 , 2012 Published : January 13, 2012 FILE DATE ® Town of Ithaca Zoning Board of Appeals Monday, January 23, 2012 7 : 00 p . m . Board Members Present : Kirk Sigel , Chairman ; Dave Mountin, Bill King Staff Present : Susan Brock, Attorney for the Towns Kristie Gifford, Senior Code Enforcement Officer, Creig Hebdon, Town Engineers Carrie Coates Whitmore, Deputy Town Clerk. Others . Gennady and Julia Samorodnitsky, Ben DeGeorge, Gregar Brous, and Andy Ramsgard . Call to Order Called to order at 7 : 05 p . m . Aupeal of Gennady and Julia Samorodnitsky, owners, requesting a variance from the requirements of Chapter 270, Section 270- 71C "Yard Regulations" of the Town of Ithaca Code to be allowed to construct an extension of a deck within the side yard setback, located at 126 Lexington Dr, Tax Parcel No. 72. - 1 - 19, Medium Density Residential. Said property is split by the Town of Ithaca and Village of Cayuga Heights municipal boundary. Mr. and Mrs . Samorodnitsky appeared before the board . Chairperson Sigel commented that the applicants were unfortunate to have the town/village boundary straddling their property. This results in the proposed deck having a setback of zero feet. He noted that the property is otherwise conforming if not for the issue with the boundary line . Chairperson Sigel solicited questions and comments from the board . There were none . Chairperson Sigel stated that request seemed straightforward . Attorney Brock explained that parcels cannot be consolidated because it is two separate municipalities and the County Assessment Department requires the parcels to remain separate. She added that the action is a Type II action under SEQR because it is an area variance for a single family home . Chairperson Sigel asked if there is enough detail in the plans to condition approval on the plans submitted . Ms. Gifford indicated that the plans were sufficient. Public Hearing Chairperson Sigel opened the public hearing at 7 : 09 p . m . and invited the public to address the board . There being no one wishing to speak, he closed the public hearing at 7 : 09 p . m . Zoning Board of Appeals Minutes of January 23, 2012 ® Chairperson Sigel moved to grant the appeal of Mr. and Mrs . Samorodnitsky to be allowed to construct an extension of a deck with the side yard setback at 126 Lexington Drive with the condition that the deck be built as shown on plans submitted to the board and finding that all requirements of an area variance had been satisfied, specifically listing how each criterion was met. Motion seconded by Mr. Mountin . Vote—carried unanimously. ZB RESOLUTION 2012-001: Area Variance, Gennady and 1u/ia Samorodnitdky, 126 Lexington Dr, Tax Parcel No. 72, -1 -19 Motion made by Kirk Sigel, seconded by Dave Mountin. Resolved, that this board grants the appeal of Gennady and Julia Samorodnitsky, requesting a variance from the requirements of Chapter 270, Section 270-71 C, " Yard Regulations" of the Town of Ithaca Code to be allowed to construct an extension of a deck within the side yard setback located at 126 Lexington Dr, Tax Parcel No. 72. -1 -19, Medium Density Residential Zone with the following: Condition. • 1. That the deck be built substantially as indicated on the plans 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 cannot be achieved by any other means feasible given the unique situation that this property is split by a municipal boundary, 2. That there will not be an undesirable change to neighborhood character or nearby properties because if this municipal split were not there, the proposal would meet all zoning regulations, .3. That the request is not substantial for the same reasons as already stated, 4. The request will not have adverse physical or environmental effects, 5. The alleged difficulty is not self-created given the location of the municipal boundary not being the applicants' fault. A vote on the motion resulted as follows: Page 2 of 18 Zoning Board of Appeals Minutes of January 23, 2012 41 A YES' Sig% Mountin and King. NA Y5.0 None. Motion was carried unanimously. Alg� of Hillside Alliance Church, owner, Ben DeGeorge, agent, requesting modification of ZBA Resolution No. 2011= 002, which permitted the construction of a shed without the Town required sprinkler system, to be permitted to relocate the shed (to be used for a clothing drop off) located at 1422 Waterville Rd, Tax Parcel No. 58 . = 2- 33 . 3, Medium Density Residential . Ben DeGeorge of St. Pauly Textile appeared before the Board on behalf of Hillside Alliance Church . Chairperson Sigel asked if anything else had changed other than the location . Mr. DeGeorge said no and explained that the shed was accidentally located in a drainage ditch area . Ms. Gifford added that the shed had been moved a good distance from the approved location . Chairperson Sigel asked if there were questions . There were none . He added that it ® seemed straightforward and the board agreed . He went on to note that the shed was not visible from the road . Mr. DeGeorge apologized for placing the shed in the wrong location . Chairperson Sigel thanked Mr. DeGeorge and stated that the board did not have a problem with the proposed location . SEQR Attorney Brock explained that the board did not need to do SEQR review because it is the construction of an accessory non-residential structure/facility involving less than 4,000 square feet of gross floor area and it is consistent with local land use controls. Public Hearing Chairperson Sigel opened the public hearing at 7 : 15 p . m . and invited the public to address the board . There being no one interested in speaking, Chairperson Sigel closed the public hearing at 7 : 15 p . m . Chairperson Sigel moved to grant the appeal of Hillside Alliance Church, requesting modification of ZB Resolution No . 2011 -002, to be permitted to relocate a shed located at 1422 Slaterville Rd, Tax Parcel No . 58 . -2-39 . 3 , Medium Density Residential , with a condition on shed location and finding that all criteria of a sprinkler variance had been satisfied, specifically listing how each criterion was met. Motion seconded by Bill King . Vote--carried unanimously. Page 3 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® ZB RESOLUTION 2012-002; Modification of Sprinkler Variance, Hillside Alliance Church, 1422 Slaterville Rd, Tai r Parcel No. 58. -2-39.3 Motion made by Kirk Sigel, seconded by Bill King. Resolved, that this board grants the appeal of Hillside Alliance Church, requesting modification of ZB Resolution No. 2011 -002, which permitted the construction of a shed without a Town required sprinkler system, to be permitted to relocate the shed located at 1422 Slaterville Rd, Tax Parcel No. 58. -2-39. 3, Medium Density Residential with the following: Condition: 1. That the shed be located substantially where shown on the applicants plans submitted to the board. Findings: 1. That the requirement of a sprinkler system in this situation would create a practical difficulty or unnecessary hardship for the applicant because a sprinkler system would be an unnecessary expense because there are no utilities going to the shed; 2. The omission of a sprinkler system from the shed would not significantly jeopardize human life because the shed is used merely for the storage of clothing and will not be occupied at any time. A vote on the motion resulted as follows: A YES: Sigel, Mountin and King. NA YS: None. Motion was carried unanimously. Ao� of the Town of Ithaca, Creig Hebdon, agent, requesting a variance from the requirements of Chapter 270, Section 270- 70 " Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48' x 39 ' glass line water tank that exceeds the height limitation, located at 118 Flora Brown Dr on the Ithaca College Campus ( known as the Danby Rd Water Tank site), Tax Parcel No. 41 . = 1- 30 . 2, Medium Density Residential . Said tank is a replacement of the existing 50' x 35' glass lined water tank. Mr. Hebdon appeared before the board on behalf of the Town . He explained that the town is continuously upgrading its water system . The Town looked into repairing the two tanks built on south hill, which were built in 1952 and 1953 , and decided to replace the tanks because the repair cost was almost as much as the replacement cost. Page 4 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® The current tanks are steel tanks and the plan is to replace the tanks in their current locations with new aquastore tanks . The standard size for aquastore tanks is 48' x 39'. Mr. Hebdon explained that the Danby Road tank already exceeds the Town 's height limitation of 30 feet; the current tank is 35 feet. The height of the Danby tank is being increased to 39 feet. The Northview Road tank is currently 30 feet so the height of the new tank is an increase of 9 feet. Mr. Hebdon went on to explain that the two tanks act as sister tanks. A valve had to be installed at the bottom to keep the Northview tank from being overflowed . The tanks are at the same elevation and having the tanks the same size will prevent the Northview tank from being overflowed and the valve will no longer be needed . Chairperson Sigel asked if the Danby and Northview tanks already have the required fencing . Mr. Hebdon explained that the Northview tank has the required fencing and the Town has a waiver for fencing around the Danby tank because it is on the Ithaca College campus . Ithaca College's security patrols the tank site continuously and there are cameras on the site . Chairperson Sigel asked if fencing is required for the Hungerford tank. Mr. Hebdon explained that fencing is required for that tank. He read the board the federal EPA ® security guidelines for fencing . He noted that the fenced needed to be 7 to 9 feet high and the Town chose 8 foot high fencing . The regulations also require outriggers affixed to the top of the fence angled away from the facility so as not to allow someone to lay a ladder on the fence . The Town is also required to put of No Trespassing signs and make sure there are no tree limbs near the fence that someone could use to climb over the fence . Mr. Mountin asked if Mr. Hebdon knew the estimated recycling value of the steel tank. Mr. Hebdon hoped that the cost of removing the steel tanks will equal the recycling value . He noted that there will not be any water system changes . The pipes flowing into the tanks will be reused . Mr. Mountin asked about the condition of the Town 's existing pumps . Mr. Hebdon responded that most of the pump stations are in fairly good shape . He noted that a new pump station for Hungerford Hill was just put in by the East Hill tank. Northview and Danby tanks are filled by a PRV ( pressure release valve) by Pearsall Road , Mr. Mountin asked if the pumps have VSD's (variable speed drive) in them . Mr. Hebdon said that most of them do . SEAR Attorney Brock stated that SEQR was not needed for the Danby Road tank because it is ® replacement of kind on the same site. SEQR is needed for the Northview Road tank because the tank volume is increasing substantially. Hungerford Hill tank also requires Page 5 of 18 Zoning Board of Appeals Minutes of January 23, 2012 SEQR because of the addition of the fence, which does not comply with the Town 's fence law . She noted that the Town Board also completed SEQR reviews, but it was not a coordinated review . Public Hearing Chairperson Sigel opened the public hearing at 7 : 27 p . m . and invited the public to address the board . There being no on interested in speaking , he closed the public hearing at 7 : 27 p . m . Attorney Brock noted that the public hearing stated that it is a replacement of an existing glass lined water tank, but it is actually a steel water tank being replaced -with a glass lined water tank. Mr. Mountin asked if the tanks were filled with enough capacity for future growth . Mr. Hebdon stated that the Danby Rd tank was being replaced with the same size tank. The Northview Rd tank will increase from a 200, 000-gallon tank to a 500,000-gallon tank. He explained that the tank also supports the Ridgecrest and Troy Road tanks . Mr. Mountin asked if there were plans for more tanks . Mr. Hebdon said there were no plans for additional tanks. ® Chairperson Sigel moved to grant the appeal of the Town of Ithaca to be permitted to construct a 48' x 39' glass line water tank that exceeds the height limitation with a condition on height and finding that all criteria of an area variance had been satisfied , specifying how each criterion was met. Motion seconded by Dave Mountin . Vote— carried unanimously. ZB RESOLUTION 2012-003: Height Variance, Town oflthaca, 118 f/ora Brown Dr, Tax Parcel No. 41. =1 -30. 2 Motion made by Kirk Sigel, seconded by Dave Mountin. Resolved, that this board grants the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct a 481x 391glass lined water tank that exceeds the height limitation located at 118 Flora Brown Dr on the Ithaca College campus (known as the Danby Rd Water Tank site), Tax Parcel No. 41. -1 -30. 2, Medium Density Residential zone. Said tank is a replacing an existing 50'x 35'steel water tank. Condition. ® 1. That the tank not exceed 41 feet in height. Page 6 of 18 Zoning Board of Appeals Minutes of January 23, 2012 41 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 need to supply water to the water district, 2. An undesirable change in the neighborhood character or to nearby properties will not take place given that it is replacement of an existing tank, 3. While the request is substantial, nevertheless the benefit outweighs any detriment to the health, safety and welfare of the community, 4. That the request will not have adverse physical or environmental effects, as it is replacing a tank of the same capacity and while it is 4 feet higher than the current tank it is not deemed to be substantial for structures of this type, 5. 777at the alleged difficulty is not self-created. A vote on the motion resulted as follows: A YES: Sigel, Mountin and King. NA Y5: None. Motion was carried unanimously. Appeal of the Town of Ithaca, Creig Hebdon , agent, requesting a variance from the requirements of Chapter 270, Section 270-70 " Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48' x 39' glass line water tank that exceeds the height limitation, located at 350 Coddington Rd on the Ithaca College Campus ( known as the Northview Rd Water Tank site), Tax Parcel No . 41 . - 1 -30 . 2, Medium Density Residential . Said tank is a replacement of the existing 34' x 30' steel water tank. SEQR Chairperson Sigel moved to make a negative determination of environmental significance 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 . Motion seconded by Mr. Mountin . Vote- carried unanimously . ZB RESOLUTION 2012-004; Environmenta/ Assessment, Town oflthaca, 350 ® Cod"in Rd, Tax Parcel No. 41. -1 -30, 2 Page 7 of 18 Zoning Board of Appeals Minutes of January 23, 2012 Motion made by Kirk Sig% seconded by Dave Mountin. Resolved, that in regard to the appeal of the Town of Ithaca, requesting a variance for the water tank at 350 Coddington Rd, known as the North view Rd water tank, that this board makes a negative determination of environmental significance based on the information in the Part I environmental assessment form and for the reasons stated in the Part II environmental assessment form. A vote on the motion resulted as follows: A YES.• Sigel, Mountin and King. NA Y5.• 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 . Chairperson Sigel moved to grant the appeal of the Town of Ithaca to be permitted to construct a 48' x 39' glass lined water tank that exceeds the height limitation with a condition on tank height and finding that all criteria of an area variance had been satisfied, specifically listing how each criterion was met. Motion seconded by Bill King . Vote carried unanimously. ZB RESOLU77M 2012-005: Area Variance, Town of Ithaca.. 350 Coddington Rd, Tax Parcel No. 41. -1 -30.2 Motion made by Kirk Sigel, seconded by Bill King. Resolved, that this board grants the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48'x 39'glass lined water tank that exceeds the height limitation located at 350 Coddington Rd on the Ithaca College campus, known as the Northview Road water tank site, Tax Parcel No. 41. -1 -30. 2e Medium Density Residential Zone. Said tank is a replacement of the existing 34'x 30' steel water tank. Condition: 1. That the height of the tank not exceed 41 feet. Page 8 of 18 Zoning Board of Appeals Minutes of January 23, 2012 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 need to provide water service to the water district, 2. That there will not be an undesirable change to neighborhood character or to nearby properties given that there is an existing tank on the site and will be replaced by a new tank, 3. That the request is substantial, but nevertheless the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, 4. That the request will not have adverse physical or environmental effects, as it is the replacement of an existing tank and while the tank is 9 feet higher than the current tank, it is not deemed to be substantial for structures of this type, 5. That the alleged difficulty is not self-created. A vote on the motion resulted as follows: A YES.• Sigel, Mountin and King. NA YS: None. Motion was carried unanimously. ARpeal of the Town of Ithaca, Creig Hebdon, agent, requesting a variance from the requirements of Chapter 270, Section 223A( i) " Fences and Walls; Retaining Walls" of the Town of Ithaca Code to be permitted to construct an 8 foot high fence around the site of the existing steel water tank, located at 151 Fells Dr on the Cornell University Campus ( known as the Hungerford Hill Water Tank site), Tax Parcel No. 61 . = 1-7. 2, Low Density Residential . New security regulations for water tank sites require an 8 foot fence to be constructed around the water tank. Chairperson Sigel stated that Attorney Brock notified him that the board would need to grant a variance for the barbed wiring . Attorney Brock explained that there is a provision in the Town 's fence law that prohibits barbed wiring except under certain circumstances, none which apply to the current situation . She thought that the board should mention the barbed wire as part of the height variance to clarify that it is or is not permitted . Page 9 of 18 Zoning Board of Appeals Minutes of January 23, 2012 Attorney Brock read the applicable section of the Town Code to the board . She thought Mr. Bates interpreted the section to apply only if someone could be reasonably expected to come into contact with it. She did not read it the same way . Chairperson Sigel agreed with Attorney Brock that a variance would be needed for the barbed wire . He went on to ask if Attorney Brock thought that the board could grant the variance simply mentioning that the barbed wire would be present. He asked if the board had the power to grant a variance allowing barbed wire where it is not allowed . Attorney Brock thought so . Mr. King asked when the security guidelines become effective . Mr. Hebdon responded that the guidelines have been in place since at least 2001 . He noted that most of the fences have the three-foot extension out. Mr. King then asked where the guideline came from . Mr. Hebdon explained that the EPA has a section called Water Security and it has security product guide fences and it describes exactly how the fence has to be set up . Attorney Brock asked if it was a regulation from the code of regulations . Mr. Hebdon replied yes under the EPA Safe Water Drinking Act. Attorney Brock asked if it was part of the statute or part of the regulations . Mr. Hebdon thought it was under regulations. Mr. King asked if that supersedes local laws . Chairperson Sigel stated that the board would have a hard time denying it. Mr. King then asked if an applicant needed to get a variance for something required by law. Chairperson Sigel stated that if barbed wire was not an allowed use of the property then it could possibly be a use variance. Attorney Brock reminded the board that they are talking about a fence and fences are allowed . Chairperson Sigel did not think it was an area variance type of issue to allow something that was not allowed . He noted that the board was not varying a dimension to allow barbed wire. Attorney Brock explained that dimensions or physical requirements of zoning regulations can be varied by area variances. She thought that barbed wire could be considered a physical requirement. Mr. Hebdon explained that the Town had not installed a fence before at the Hungerford property because the property was shared with Cornell . The County informed the Town that they had to bring the tank site into compliance with the fence regulations since they were improving the tank. SEQR Chairperson Sigel moved to make a negative determination of environmental significance 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 . Page 10 of 18 Zoning Board of Appeals Minutes of January 23, 2012 Motion seconded by Bill King . Vote—carried unanimously . ZB RESOLUTION 2012-006; Environmenta/ Assessment,_ Town of Ithaca. 151 Fe/is Dr. Tax Parcel No, 61, -1 -7, 2 Motion made by Kirk Sigel, seconded by Bill King. Resolved, that in regard to the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 270, Section 270-223A1 for the water tank located at 151 Felis Dr, that this board makes a negative determination of environmental significance based on the information in the Part I environmental assessment form and for the reasons stated in the Part II environmental assessment form. A vote on the motion resulted as follows: A YESSigel, Mountin and King. NA YS: None. Motion was carried unanimously. Public Hearing Chairperson Sigel opened the public hearing at 7 : 44 p . m . and invited the public to address the board . There being no one interested in speaking, he closed the public hearing at 7 : 44 p . m . Chairperson Sigel moved to grant the appeal of the Town of Ithaca to be permitted to construct a fence around the site of an existing water tank that exceeds the height limitation at 151 Felis Dr with a condition on overall fence height and finding that all criteria of an area variance had been satisfied, specifically listing how each criterion was met. Motion seconded by Dave Mountin . Vote carried unanimously. ZO RESOLUTION 2012-007: Area Variance, Town of Ithaca, 151 Fe/is ®r, Tax Parcel No. 61, -1 -z Motion made by Kirk Sigel, seconded by Dave Mountin. Resolved, that this board grants the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 270, Section 270223A(1) "Fences and Walls; Retaining Walls" of the Town of Ithaca Code to be permitted to construct a fence around the site of the existing steel water tank located at 151 Fells Dr on the Cornell University campus, known as the Hungerford Hill water tank site, Tax Parcel No. 61. -1 - 7. 2, Low Density Residential Zone with the following: Page 11 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® Condition: 1. That the total height of the fence including barbed wire not exceed 10 feet. 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, which is compliance with federal regulations, cannot be achieved by any other means feasible, _ 2. That an undesirable change in neighborhood character or to nearby properties will not take place given the relatively remote location of the water tank site and the fact that it is not close to any nearby residential properties, 3. That while the request is substantial, being well-over the allowed height of a fence, that 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 effects, and 5. That the alleged difficulty is not self-created given the federal requirement to install the fence. A vote on the motion resulted as follows: A YES: Sigel, Mountin and King, NA YS: None. Motion was carried unanimously. Appeal of Cornell University, owner, Gregar Brous, applicant, requesting variances from the requirements of Chapter 270, Section 117A(3) "Yard Regulations" of the Town of Ithaca Code to be permitted to place a structure within the required side yard setback and the requirements of Chapter 270, Section 270= 135F " Principal Uses Authorized by Special Permit Only" of the Town of Ithaca Code to be permitted to operate a bar or tavern less than 150 feet from a residential zone, located at 381 Pine Tree Rd, Tax Parcel No. 62. - 2- 1 . 123, Community Commercial , Gregar Brous and Andy Ramsgard appeared before the board . Mr. Ramsgard provided a drawing to the board showing the distance from the cooler to the low density residential zone boundary line . Page 12 of 18 Zoning Board of Appeals Minutes of January 23, 2012 Mr. Ramsgard explained that the property is formally known as Olivia 's and is now proposed to be known as Agava . He said that the idea is to re-open the restaurant and reserve the population that was previously served . The property has been used as a restaurant since 1977, including serving alcohol to its patrons . Mr. Ramsgard went on to say that the property abuts a low density districts however, the uses on abutting properties include office space, cemetery, drug store, car wash , and a shopping plaza . The proposed prefabricated cooler would be in an area that was previously used for the restaurant, which is located in a fenced-in area next to the north property line . Chairperson Sigel asked for the proposed setback. Mr. Ramsgard responded that the proposed fence is one foot off the property line and the proposal is to locate the cooler on the inside of the fence; the setback would be approximately 1 foot. Chairperson Sigel then asked Ms. Gifford if the fence on the site is legal . Ms. Gifford explained that the fence is legally nonconforming because it has existed for many years . Chairperson Sigel followed up by asking if the existing building meets setbacks. Ms . Gifford stated that the building is also legally nonconforming . Chairperson Sigel solicited questions and comments regarding the cooler placement. He noted that it is a very deficient setback, but thought that it was a unique situation . He did not think that the cooler felt as if it was a foot away from the property line given the way the property layout. Mr. Ramsgard added that the cooler was quite a distance from the road and estimated that it was located 15 feet from the access road curb line . He went on to say that the Agava restaurant has access rights to the access road, as do the other adjacent properties to the north and east. Attorney Brock stated that Cornell owns the restaurant property and the surrounding properties, except the car wash . Mr. Mountin asked about the statement "formerly Kailbury" on the plans submitted to the board . Mr. Ramsgard explained that it is the previous ownership of the carwash property. Chairperson Sigel commented that the only setback deficiency for the proposed cooler is the north property line . The other issue is the required setback for an establishment serving alcohol . He explained that the variance is needed for the Planning Board to grant special approval . Chairperson Sigel noted that there is issue with the way the public hearing was advertised ; the section of law stated in the public hearing notice was for a bar or tavern when the proposal is more for a restaurant serving alcohol . He went on to say that he discussed with Mr. Bates and Attorney Brock that there is some ambiguity with regard to a bar that serves food versus a restaurant that serves alcohol . Page 13 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® He noted that part of the interior design of the restaurant appeared to be a bar area . Chairperson Sigel stated that the board could potentially grant a variance mentioning both sections because both sections require a setback of 150 feet. Mr. Ramsgard explained that there is a difference in the State liquor law between a bar and a restaurant that serves to patrons . The liquor license will be under a restaurant. Attorney Brock thought it was important then , to also grant the variance citing the restaurant section as well . Mr. Brous asked if it was possible to have flexibility in the dimension of the cooler because he had not actually purchased the cooler yet. Chairperson Sigel asked if the _ . cooler would exceed the height of the fence. Mr. Ramsgard responded that the fence is 6 feet high and a cooler is typically 7 . 5 feet high . Chairperson Sigel thought that the board could specify the distance from the north line with flexibility of where the cooler is placed within the fence . Ms . Gifford asked if the existing fence would remain . Mr. Ramsgard stated that the fence will remain and they will be repairing it. Ms. Gifford then asked if a portion of the cooler would have a roof. Mr. Ramsgard explained that the door portion of the cooler would have a roof so there could be access directly off the kitchen and not get wet. SEQR Chairperson Sigel moved to make a negative determination of environmental significance 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 . Motion seconded by Bill King . Vote—carried unanimously. ZB RESOLUTION 2012-008: Environmental Assessment, Cornell University, 381 Pine Tree Rd, Tax Parcel No. 62. -2-1. 123 Motion made by Kirk Sig% seconded by B111 King. Resolved, that in regard to the appeal of Cornell University, requesting variances for a property located at 381 Pine Tree Rd, that this board makes a negative determination of en vironmental significance based on the information in the Part I en vironmental assessment form and for the reasons stated in the Part II en vironmental assessment form. A vote on the motion resulted as follows: A YESSigel, Mountin and King. ® NA YS: None. Page 14 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® Motion was carried unanimous/y. Public Hearing Chairperson Sigel opened the public hearing at 8 : 05 p . m . and invited the public to address the board . There being no one present besides the applicant, Chairperson Sigel closed the public hearing at 8 : 05 p . m . Chairperson Sigel stated that the final issue that the board needed to discuss was the final measurement of the setback from the low density residential zone . Attorney Brock asked if the property line or structure should be used . Chairperson Sigel explained that the issue is that both, a and f, state that the place of business shall be located a certain distance from the residential zone. He wondered if the place of business was the entire lot the restaurant is on or if it is just the physical building . Mr. King asked if there was further clarification . Attorney Brock said that there was not and went on to ask if the board had ever made that determination before . If not, whatever the board decided could set a precedent. Mr. King stated that there is not a residence nearby so he did not think it mattered for this case if the property line was used as the measurement marker. Chairperson Sigel clarified that it is a residential zone, but not used as residential . Mr. King agreed . Chairperson Sigel went on to give a scenario of the neighboring property being used as residential property. He wondered what the board thought the code meant by place of business. Is the intention to be from the property line, the building or something else? Attorney Brock suggested that maybe the parking lot is part of the business, but maybe not the 50 feet of grass beyond the parking lot. Chairperson Sigel said that it might matter a lot to someone who was trying to put something on a large lot. He gave an example of a restaurant being far away from the residence zone, but the property line is close to the zone . Chairperson Sigel thought it seemed like a fairly narrow definition of place of business could be just the building . He added that that would be more advantageous to the property owner and thought that the board was supposed to construe the ordinance in favor of the property owner when the ordinance was ambiguous . Mr. Mountin added that if a business consists of outdoor activities, such as Agway with displays outside, he would consider the area outside as part of the place of business and not just the building itself. Ms . Gifford added that the property has an outdoor seating area on a decks the deck is considered to be part of the building . She went on to say that a lot of restaurants have seating areas separate from the building . Attorney Brock suggested that the board may need to make a case by case determination . 0 Page 15 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® Chairperson Sigel stated that the board could make a narrow decision and decide that for this particular case that the place of business extends to the boundary of the fence . Mr. Ramsgard explained that the liquor license regulations require outdoor alcohol be served within an enclosed gate because there cannot be a free-flow of alcohol mitigating beyond the defined location of the liquor license . He added that the liquor license requires that a restaurant has to have a defined area and a set of plans showing window locations, gate locations, liquor delivery locations, etc. Chairperson Sigel asked the board if they have covered all the issues; the board thought that they had . Chairperson Sigel moved to grant the appeal of Cornell University, Gregar Brous, applicant to be permitted to place a structure within the required side yard setback and the requirements of Chapter 270, Section 270- 135E and Section 270- 135F " Principle Uses Authorized by Special Permit Only" of the Town of Ithaca Code to be permitted to operate a restaurant, which also has a bar area and serves alcohol , less than 150 feet from a residential zone located at 381 Pine Tree Rd with conditions on setbacks and cooler location , and finding that all criteria of an area variance had been satisfied, specifically listing how each criterion was met. Motion seconded by Mr. Mountin . Vote—carried unanimously. ZB RESOLUTION 2012-009: Area Variance, Cornell University, 381 Pine Tree Rd, Tax Parcel No. 62, -2-1. 123 Motion made by Kirk Sig% seconded by Dave Mountin. Resolved, that this board grants the appeal of Cornell University, Gregar Brous, applicant, requesting variances from the requirements of Chapter 270, Section 270- 117A(3) " Yard Regulations" of the Town oflthaca Code to be permitted to place a structure within the required side yard setback and the requirements of Chapter 270, Section 270-135E and Section 270-135F "Principle Uses Authorized by Special Permit Only" of the Town of Ithaca Code to be permitted to operate a restaurant, which also has a bar area and serves alcohol, less than 150 feet from a residential zone located at 381 Pine Tree Rd, Tax Parcel No. 62, 2-1. 123, Community Commercial Zone, with the following: Conditions: 1. That in the case of the walk-in cooler setback, that the distance to the north side lot line be no less than one foot, 2. That the cooler be placed within the bounds of the existing fenced in area, and Page 16 of 18 Zoning Board of Appeals Minutes of January 23, 2012 ® 3. That in the case of the variance from Section 270,,135E and Section 270-135F, that the distance from the place of business, which is found by this board to be the edge of the fenced in area on the north side of the properly, be no less than 58 feet to the low density residential zone boundary. 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 limited options for placement of a walk-in cooler on this property. The location within the existing fenced in area would appear to be a reasonable and desirable location for the cooler. Additionally, the need to have the variance from the setback from the low density residential zone also cannot be achieved by any other means feasible given the location of the existing structure, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given the fact that this location has been used as a restaurant that has served alcohol for many years, 3. That while the request is substantial, the cooler setback being approximately one foot and the setback from the low density residential zone being approximately 60 feet where 150 feet is required, that nevertheless the benefit to the applicant does outweigh any detriment to the health, safety and we/fare of the community. Additionally, the applicant, which is Cornell University, is the owner of the property of the nearest portion of the residential zone, 4. That the request will not have adverse physical or environmental effects given that the only proposed construction having to do with this variance will be the installation of a prefabricated walk-in cooler with a constructed roof over a portion of it, and 5. 777at the alleged d/>ficulty is self-created by the applicants recent proposal to perform this modification to the site, but 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: A YES: Sig% Mountin and King. NA YS: None. Motion was carried unanimously. Page 17 of 18 Zoning Board of Appeals Minutes of January 23, 2012 Other Business The board decided to elect a vice-chairperson when the entire board was present at the meeting . Mr. King reported that he was unable to attend the February 27"' meeting . Adjournment There being no further business before the board, Chairperson Sigel adjourned the meeting at 8 : 22 p . m . Kirk Sigel , Chairperson Carrie Coate itmore, Deputy Town Clerk Page 18 of 18 FILE DATE 44 ADOPTED RESOLUTION ZB RESOLUTION 2012=001 ® Area Variance Gennady and Julia Samorodnitdky 126 Lexington Dr Tax Parcel No. 72.=1 =19 January 23, 2012 Motion made by Kirk Sigel , seconded by Dave Mountin. Resolved , that this board grants the appeal of Gennady and Julia Samorodnitsky, requesting a variance from the requirements of Chapter 270, Section 270-71 C, "Yard Regulations" of the Town of Ithaca Code to be allowed to construct an extension of a deck within the side yard setback located at 126 Lexington Dr, Tax Parcel No . 72 .- 1 - 19, Medium Density Residential Zone with the following : Condition : 1 . That the deck be built substantially as indicated on the plans 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 cannot be achieved by any other means feasible given the unique situation that this property is split by a municipal boundary, ® 2 . That there will not be an undesirable change to neighborhood character or nearby properties because if this municipal split were not there, the proposal would meet all zoning regulations , 3 . That the request is not substantial for the same reasons as already stated , 4. The request will not have adverse physical or environmental effects , 5 . The alleged difficulty is not self-created given the location of the municipal boundary not being the applicants' fault. A vote on the motion resulted as follows : AYES : Sigel , 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 23`d day of January 2012. Deputy Tow -0(erk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2012=002 Modification of Sprinkler Variance Hillside Alliance Church 1422 Slaterville Rd Tax Parcel No. 58.=2-39.3 January 23, 2012 Motion made by Kirk Sigel , seconded by Bill King . Resolved , that this board grants the appeal of Hillside Alliance Church , requesting modification of ZB Resolution No. 2011 -002 , which permitted the construction of a shed without a Town required sprinkler system , to be permitted to relocate the shed located at 1422 Slaterville Rd , Tax Parcel No. 58 . -2-39. 3 , Medium Density Residential with the following : Condition : 1 . That the shed be located substantially where shown on the applicant's plans submitted to the board . Findings : 1 . That the requirement of a sprinkler system in this situation would create a practical difficulty or unnecessary hardship for the applicant because a sprinkler system would be an unnecessary expense because there are no utilities going to the shed ; ® 2 . The omission of a sprinkler system from the shed would not significantly jeopardize human life because the shed is used merely for the storage of clothing and will not be occupied at any time . A vote on the motion resulted as follows : AYES : Sigel , 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 23rd day of January 2012, Deputy Tow c leek Town of Ithaca FILE ADOPTED RESOLUTION ZB RESOLUTION 2012-003 DATE Height Variance Town of Ithaca 118 Flora Brown Dr Tax Parcel No. 41 :1 -30.2 January 23, 2012 Motion made by Kirk Sigel , seconded by Dave Mountin . Resolved , that this board grants the appeal of the Town of Ithaca, requesting a variance from the requirements of Chapter 270, Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48' x 39' glass lined water tank that exceeds the height limitation located at 118 Flora Brown Dr on the Ithaca College campus (known as the Danby Rd Water Tank site) , Tax Parcel No. 41 . - 1 -30.2, Medium Density Residential zone . Said tank is a replacing an existing 50' x 35' steel water tank. Condition : 1 . That the tank not exceed 41 feet in 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 that the applicant wishes to achieve cannot be achieved by any other means feasible given the need to supply water to the water district, 102. An undesirable change in the neighborhood character or to nearby properties will not take place given that it is replacement of an existing tank, 3. While the request is substantial , nevertheless the benefit outweighs any detriment to the health , safety and welfare of the community, 4. That the request will not have adverse physical or environmental effects , as it is replacing a tank of the same capacity and while it is 4 feet higher than the current tank it is not deemed to be substantial for structures of this type , 5 . That the alleged difficulty is not self-created . A vote on the motion resulted as follows : AYES : Sigel , 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 0resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular 1meeting on the 23rd day of January 2012. / % �1 ' ,( Deputy Town=Olerk Town of Ithaca FILE DATE ADOPTED RESOLUTION ZB RESOLUTION 2012-004 Environmental Assessment Town of Ithaca 350 Coddington Rd Tax Parcel No. 41 .-1 -30.2 January 23, 2012 Motion made by Kirk Sigel , seconded by Dave Mountin . Resolved , that in regard to the appeal of the Town of Ithaca , requesting a variance for the water tank at 350 Coddington Rd , known as the Northview Rd water tank, that this board makes a negative determination of environmental significance based on the information in the Part I environmental assessment form and for the reasons stated in the Part II environmental assessment form . A vote on the motion resulted as follows : AYES : Sigel , 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 23`d day of January 2012 , Deputy Town -lerk Town of Ithaca FILE �L�� . ADOPTED RESOLUTION ZB RESOLUTION 2012-005 DATE Area Variance Town of Ithaca 350 Coddington Rd Tax Parcel No. 41 .-1 -30.2 January 23, 2012 Motion made by Kirk Sigel , seconded by Bill King . Resolved , that this board grants the appeal of the Town of Ithaca , requesting a variance from the requirements of Chapter 270 , Section 270-70 "Height Limitations" of the Town of Ithaca Code to be permitted to construct a 48' x 39' glass lined water tank that exceeds the height limitation located at 350 Coddington Rd on the Ithaca College campus , known as the Northview Road water tank site , Tax Parcel No. 41 . - 1 -30 .2 , Medium Density Residential Zone . Said tank is a replacement of the existing 34' x 30' steel water tank. Condition : 1 . That the height of the tank not exceed 41 feet. 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 need to provide water service to the water district, 1* 2 . That there will not be an undesirable change to neighborhood character or to nearby properties given that there is an existing tank on the site and will be replaced by a new tank, 3. That the request is substantial , but nevertheless the benefit to the applicant outweighs any detriment to the health , safety and welfare of the community, 4. That the request will not have adverse physical or environmental effects , as it is the replacement of an existing tank and while the tank is 9 feet higher than the current tank, it is not deemed to be substantial for structures of this type , 5 . That the alleged difficulty is not self-created . A vote on the motion resulted as follows : AYES : Sigel , 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 23 day of January 2012 . Deputy Town Clerk Town of Ithaca FILE DATE ® ADOPTED RESOLUTION ZB RESOLUTION 2012-006 Environmental Assessment Town of Ithaca 151 Fells Dr Tax Parcel No. 61 .-1 -7.2 January 23 , 2012 Motion made by Kirk Sigel , seconded by Bill King . Resolved , that in regard to the appeal of the Town of Ithaca , requesting a variance from the requirements of Chapter 270 , Section 270-223A1 for the water tank located at 151 Felis Dr, that this board makes a negative determination of environmental significance based on the information in the Part I environmental assessment form and for the reasons stated in the Part II environmental assessment form . A vote on the motion resulted as follows : AYES : Sigel , 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 23`d day of January 2012 , Deputy Towntlerk Town of Ithaca FILE ADOPTED RESOLUTION ZB RESOLUTION 2012=007 DATE %�� Area Variance Town of Ithaca 151 Fells Dr Tax Parcel No. 61 :1 -7.2 January 23, 2012 Motion made by Kirk Sigel , seconded by Dave Mountin , Resolved , that this board grants the appeal of the Town of Ithaca , requesting a variance from the requirements of Chapter 270, Section 270-223A( 1 ) " Fences and Walls ; Retaining Walls" of the Town of Ithaca Code to be permitted to construct a fence around the site of the existing steel water tank located at 151 Felis Dr on the Cornell University campus , known as the Hungerford Hill water tank site , Tax Parcel No. 61 .- 1 -7. 2 , Low Density Residential Zone with the following : Condition : 1 . That the total height of the fence including barbed wire not exceed 10 feet. 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, which is compliance with federal regulations, cannot *26 be achieved by any other means feasible, That an undesirable change in neighborhood character or to nearby properties will not take place given the relatively remote location of the water tank site and the fact that it is not close to any nearby residential properties , 3 . That while the request is substantial , being well-over the allowed height of a fence , that 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 effects , and 5 . That the alleged difficulty is not self-created given the federal requirement to install the fence . A vote on the motion resulted as follows : AYES : Sigel , 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 bthe 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 23` day of January 2012 , Deputy Town'Clerk Town of Ithaca FILE DATE ® ADOPTED RESOLUTION ZB RESOLUTION 2012=008 Environmental Assessment Cornell University 381 Pine Tree Rd Tax Parcel No. 62.=2-1 . 123 January 23, 2012 Motion made by Kirk Sigel , seconded by Bill King . Resolved , that in regard to the appeal of Cornell University, requesting variances for a property located at 381 Pine Tree Rd , that this board makes a negative determination of environmental significance based on the information in the Part I environmental assessment form and for the reasons stated in the Part II environmental assessment form . -; . A vote on the motion resulted as follows : AYES : Sigel , 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 23`d day of January 2012 . ��� JULV Deputy Tow Clerk Town of Ithaca FILE DATE- ® ADOPTED RESOLUTION ZB RESOLUTION 2012=009 Area Variance Cornell University 381 Pine Tree Rd Tax Parcel No. 62 .=2-1 . 123 January 23 , 2012 Motion made by Kirk Sigel , seconded by Dave Mountin . Resolved , that this board grants the appeal of Cornell University, Gregar Brous , applicant, requesting variances from the requirements of Chapter 270 , Section 270- 117A(3) "Yard Regulations" of the Town of Ithaca Code to be permitted to place a structure within the required side yard setback and the requirements of Chapter 270, Section 270- 135E and Section 270- . 135F "Principle Uses Authorized by Special Permit Only' of the Town of Ithaca Code to be permitted to operate a restaurant, which also has a bar area and serves alcohol , less than 150 feet from a residential zone located at 381 Pine Tree Rd , Tax Parcel No . 62 . -2- 1 . 123, Community Commercial Zone , with the following : Conditions : 1 . That in the case of the walk- in cooler setback, that the distance to the north side lot line be no less than one foot , 2 . That the cooler be placed within the bounds of the existing fenced in area , and 3 . That in the case of the variance from Section 270- 135E and Section 270- 135F, that the distance from the place of business , which is found by this board to be the edge of the fenced in area on the north side of the property, be no less than 58 feet to the low density residential zone boundary. 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 limited options for placement of a walk- in cooler on this property. The location within the existing fenced in area would appear to be a reasonable and desirable location for the cooler. Additionally, the need to have the variance from the setback from the low density residential zone also cannot be achieved by any other means feasible given the location of the existing structure , 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given the fact that this location has been used as a restaurant that has served alcohol for many years , 3 . That while the request is substantial , the cooler setback being approximately one foot and the setback from the low density residential zone being approximately 60 feet where 150 ® feet is required , that nevertheless the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. Additionally, the applicant, which is Cornell University, is the owner of the property of the nearest portion of the residential zone, ZB RESOLUTION NO, 2012-009 Page 2 of 2 ® 4. That the request will not have adverse physical or environmental effects given that the only proposed construction having to do with this variance will be the installation of a prefabricated walk- in cooler with a constructed roof over a portion of it, and 5 . That the alleged difficulty is self-created by the applicant's recent proposal to perform this modification to the site , but 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 , 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 23`d day of January 2012 . 41t Deputy Town °Eerk Town of Ithaca AFFIDAVIT OF SERVICE BY MAIL S* OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) I, 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 13`h day of January 2012, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: ***126 Lexington Dr VILLAGE OF CAYUGA HEIGHTS VALENTINO, MICHAEL LAW, GORDON T 836 HANSHAW RD VALENTINO, DOROTHY C BAXTER, PAM M ITHACA, NY 14850 6 MANSFILD DR 122 CAMBRIDGE PL ENDICOTT, NY 13760 ITHACA, NY 14850 SLOTTJE, PRISCILLA WANSINK, JEN-YUAN MEILMAN, PHILIP 126 CAMBRIDGE PL WANSINK, BRIAN MERMAN, ALICE ITHACA, NY 14850 330 THE PARKWAY 131 CAMBRIDGE PL ITHACA, NY 14850 ITHACA, NY 14850 NAYDICH, DMTRI E TATE, MARK PITZER, MARY ANN C N ICH, IRINIA V TATE, TERI L 119 CAMBRIDGE PL IWAMBRIDGE PL 123 CAMBRIDGE PL ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 MCKEOWN, JOHN P VILLA, MANUEL ROSENFIELD-HOFFMAN TRUST MCKEOWN, LINDA L HERNANDEZ, BLANCA 118 LEXINGTON DR 115 CAMBRIDGE PL 110 LEXINGTON DR ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 UPTOWN VILLAGE LLC MOYNIHAN, STEPHAN P LEI, XINGEN 8 KENSINGTON ST MOYNIHAN, CASSANDRA 114 LEXINGTON DR W LIDO BEACH, NY 11561 106 LEXINGTON DR ITHACA, NY 14850 ITHACA, NY 14850 KIM, JITAE SAMORODNITSKY, GENNADY RESNICK, SIDNEY I KIM, HEEYOUNG SAMORODNITSKY, JULIA RESNICK, MINNA 122 LEXINGTON DR 126 LEXINGTON DR W 130 LEXINGTON DR ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 DHONDT, ANDRE A COMISI, JOHN C HESS, SUZANNE C DHONDT, KEILA V COMISI, KAREN L 142 LEXINGTON DR 134 LEXINGTON DR 138 LEXINGTON DR ITHACA, NY 14850 CA, NY 14850 ITHACA, NY 14850 YUAN, ZHONGSHUANG THOMAS , JAMES W HERTER, TERRY L YE, HONG THOMAS , ANNE BURNS SCHEMBER, HELENE 150 LEXINGTON DR 147 LEXINGTON DR 143 LEXINGTON DR ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 OH, JAE SEONG WILLIAMSON, DAVID KUNTZ, BRUCE 1K39IM, JINEE LEXlNGTON DR PO BOX 4713 3i1 LEXINGTZ DR ITHACA, NY 14850 ITHACA, NY 148524713 ITHACA, NY 14850 TALTY, KEVIN R WANG, CLARA Y DOEBLER, LAWRENCE TALTY, HELEN D O'DONOGHUE, EDWARD D DOEBLER, PATRICIA A 115 LEXINGTON DR 111 LEXINGTON DR 107 LEXINGTON DR ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 NOONBURG, WILLIAM I BRODERICK, SUZANNE M CLARKE, KENNETH I NOONBURG, VIRGINIA BROOKS , DONALD E CLARKE, YOLANDA W 106 CONCORD PL 110 CONCORD PL 114 CONCORD PL PL ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 TAYLOR, ERIC W TAYLOR, KARA G 117 CONCORD PL ITHACA, NY 14850 ***1422 Slaterville Rd SALFI, KARIN E NADIA PRESCOTT LIVING TRUST BOUDERAU, JAMES P SALFI, JASON S 108 PENNY LANE DE LA FUENTE, ROBERTO T 107 PENNY LN ITHACA, NY 14850 1403 SLATERVILLE RD ITHACA, NY 14850 ITHACA, NY 14850 SWEET, ROBERT D HOWSER, ARTHUR D THE RELIGIOUS SCTY OF FRIENDS, 1401 1 /2 SLATERVILLE RD HOWSER, SUSAN A ITHACA MNTLY MTG OF ITHACA, NY 14850 1469 SLATERVILLE RD 3137 JACKSONVILLE RD ITHACA, NY 14850 TRUMANSBURG, NY 14886 BEI- LUCI, ANITA W INTEMANN, LESLIE N STEWART, COLIN J WEISS , JEFFREY J 1415 SLATERVIT I .F RD WINDOVER, MOLLY 1411 SLATERVILLE RD ITHACA, NY 14850 1417 SLATERVILLE RD ITHACA, NY 14850 ITHACA, NY 14850 CLAUSEN, THOMAS NESSE, SUSAN M OXFORD, ANGELA GUTIERREZ, BERTA 1425 SLATERVII I .F. RD OXFORD, GERALD L 1421 SLATERVILLE RD ITHACA, NY 14850 1427 SLATERVILLE RD ITHACA, NY 14850 ITHACA, NY 14850 MARION, DORIS G ALVAREZ, DELCASTILLO JOHN BAPTIST, ED PO BOX 54 1402 SLATERVIII RD BAPTIST, STEPHANIE LAFAYETTE, NY 13084 ITHACA, NY 14850 105 HONNESS LN ITHACA, NY 14850 ZABEL, INGRID H H NICKLES , MATOULA RAZZAQ, MUHAMMAD A ZABEL, MARK STAVROPOULOS, ANNA RAZZAQ, KHURSHID 121 HONNESS LN 118 BRANDEIS RD PO BOX 299 ITWA, NY 14850 NEWTON, MA 02459 HEBRON, CT 06248 REARDON, BRIAN J MERTENS, KAREL R S M TORRANCE, KENNETH E REARDON, HOLLY T 300 SUNNYVIEW LN TORRANCE, MARCIA J 102 TERRACEVIEW DR ITHACA, NY 14850 37 DEERHAVEN DR ITHACA, NY 14850 ITHACA, NY 14850 HALL, MARK ANDREW STEIN, MELANIE HALL, ELIZABETH B SMILGIES, DETLEF M MARKS , MICHAEL D 310 SUNNYVIEW 302 SUNNYVIEW LN 306 SUNNYVIEW LN 4850 1LN ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 148 CHRISTIAN-MISSIONARY ALLIANCE LEE, KYUSOON ROSENTHAL, SUSAN P 1422 SLATERVILLE RD OH, HYESOOK 301 SUNNYVIEW LN ITHACA, NY 14850 307 SUNNYVIEW LN ITHACA, NY 14850 ITHACA, NY 14850 BENNETT, LINDA H KING, FREEDOM SHEDD, JOSEPH B 305 SUNNYVIEW LN SINDIHEBURA, FIDELA DIXON, SUSAN ITHACA, NY 14850 110 TERRACEVIEW DR 112 TERRACEVIEW DR ITHACA, NY 14850 ITHACA, NY 14850 MONROE, JONATHAN B CUDDY, MICHAEL J CHRONIS, DEMOSTHENIS 114 TERRACEVIEW DR 116 TERRACEVIEW DR CHRONIS, ANGELA ITHACA, NY 14850 ITHACA, NY 14850 118 TERRACEVIEW DR ITHACA, NY 14850 O ZOLLO, DOUGLAS J ARZANI, NASRIN BATTERTON, ELLEN BURKE-ZOLLO, LORRAINE S 103 TERRACEVIEW DR 101 TERRACEVIEW DR 4 RIVER TERR ITHACA, NY 14850 ITHACA, NY 14850 TARRYTOWN, NY 10591 MABAYA, EDWARD GREGORY&MICHELE BELL REV BROOMFIELD, CLAIRE A TIHANYI, KRISZTINA TRUST 111 TERRACEVIEW DR 107 TERRACEVIEW DR 13400 QUAKING ASPEN NE ITHACA, NY 14850 ITHACA, NY 14850 ALBUQUERQUE, NM 87111 CULVER, CHRISTINA LEWIS, IAN VAN DYKE BURNHAM, JASON J PO BOX 6725 115 TERRACEVIEW DR 400 MIDLINE RD ITHACA, NY 14851 ITHACA, NY 14850 FREEVILLE, NY 13068 THE M&D QUEEN REVOC TRUST GRUMAN, CHARLES P FIX, GIORA 17 TERRACEVIEW DR GRUMAN, CYNTHIA A FIX, LIMOR 1 119 TERRACEVIEW DR PO BOX 243 ITHACA,17TER NY 14850 ITHACA, NY 14850 ITHACA, NY 14851 WILKS DANIEL S TOWN OF ITHACA HARIBAL, MEENA M 215 N TIOGA ST WILKS, LYNNE M 1406 SLATERVILLE RD ITHACA, NY 14850 1410 SLATERVILLE RD ITHACA, NY 14850 ITHACA, NY 14850 EASTWOOD COMMONS RES ASSOC DEINERT, WALTRAVT HOMES 4 U TRUST INC DEINERT, HERBERT PO BOX 392 130 HONNESS LN IT BOX 243 ITHACA, NY 14851 ITHACA, NY 14850 ITHACA, NY 14850 PUGLIA, JOHN W MICIC, VLADIMIR SPITSBERG, THEODOR 8 GLENFORD LN CASE, HOLLY SPITSBERG, VERA E NORTHPORT, NY 11731 118 HONNESS LN 11 ALEX WAY ITHACA, NY 14850 ITHACA, NY 14850 RUDAN, JOHN W PAOLANGELI, THOMAS MAY, ELEANOR P RUDAN DOREEN J MAY MONTGOMERY ITHACA, N 100 WILDFLOWER DR ,121 NY Y K RD 14850 1360 �SLATERVILLE RD ITHACA, NY 14850 ITHACA, NY 14850 GALLOWAY, DAVID STRATAKOS, PETER GALLOWAY, TERESA STRATAKOS, CHRISTINE M 114 HONNESS LN 124 HONNESS LN ITHACA, NY 14850 ITHACA, NY 14850 ***118 Flora Brown Dr SH HILL BUSINESS CAMPUS LLC TOMPKINS COUNTY IDA ITHACA COLLEGE 954MANBY RD 1 BELLA VISTA DR 953 DANBY RD, PRW 322 ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 TOWN OF ITHACA ABBAD, AYMAN I PARKER, GINA 215 N TIOGA ST 8 WALRAVEN DR, APT A PO BOX 4524 ITHACA, NY 14850 GOSHEN, NY 10924 ITHACA, NY 14852 PRAUGE 4 LLC MARTIN, DEBORAH SUE FERRARA, SAVINO PO BOX 545 983 DANBY RD FERRARA, PATRICIA SKANEATELES, NY 13152 ITHACA, NY 14850 979 DANBY RD ITHACA, NY 14850 ***350 Coddington Rd ITHACA COLLEGE COX, HAROLD F LESSER, WM H 953 DANBY RD, PRW 322 COX, JOYCE LESSER, SUSAN B ITHACA, NY 14850 348 CODDINGTON RD 406 CODDINGTON RD ITHACA, NY 14850 ITHACA, NY 14850 C HETTI, MATTHEW J WUEST, DEBORAH A 21P BAZAROV, IVAN BAZAROV, NATALYA W NORTHVIEW RD 201 NORTHVIEW RD W 204 NORTHVIEW RD W ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 RAPONI, LINDSEY RAPONI, FRANK J BULATEK, DAVID E RAPONI, ASHLEY RAPONI, ALICE JEAN BULATEK, THERESA L 346 CODDINGTON RD 346 CODDINGTON RD 205 NORTHVIEW RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 MUNCH, LOUIS R BELL, DUNCAN A HALL, LLOYD E 214 NORTHVIEW RD W 213 NORTHVIEW RD W 217 NORTHVIEW RD W ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 PAN, AN YI HOWELL, BARRY S MCGRATH, CYNTHIA 216 W NORTHVIEW RD HOWELL, RUTH 707 PLAIN ST S ITHACA, NY 14850 215 W NORTHVIEW RD ITHACA, NY 14850 ITHACA, NY 14850 ULRICH, LEIGH MILLER FOX, BARBARA MCBRIDE, LINDA M 209 W NORTHVIEW RD 295 DURFEE HILI. RD 212 W NORTHVIEW RD ICA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 r MILLER, HARRY C HILBERT, STEPHEN WITHIAM, LOUIS . MILLER, PAULA C HILBERT, SUSAN WITHIAM, FRANCES 210 NORTHVIEW RD W 208 NORTHVIEW RD W 206 NORTHVIEW RD W ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 YARBROUGH, PAUL J SEMP, JAMES E DECKER, PAULA YARBROUGH, FRANCENIA 302 EKING RD 388 CODDINGTON RD 392 CODDINGTON RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 KOUZNETSOV, VALENTINE BOWMAN, DWIGHT D TOWN OF ITHACA 384 CODDINGTON RD BOWMAN, LINDA C 215 N TIOGA ST ITHACA, NY 14850 396 CODDINGTON RD ITHACA, NY 14850 ITHACA, NY 14850 TOWN OF ITHACA HILKER, HENRY E SNYDER, STEPHEN 215 N TIOGA ST 168 KENDALL AVE SNYDER, EMILY ITHACA, NY 14850 ITHACA, NY 14850 502 CODDINGTON RD ITHACA, NY 14850 LIANG, RU QING GOLDING, REBECCA REYNOLDS , JAMES LIANG, XIAO FENG 107 RICH RD 109 RICH RD 115 RICH RD ITHACA, NY 14850 ITHACA, NY 14850 ICA, NY 14850 HANRAHAN 3RD, JOHN H HEMPHILL, DAVID S SINCOCK, SALLY E NORBERG, SUSAN D HEMPHILL, JANET L SINCOCK, GERALD 114 RICH RD 113 RICH RD 122 RICH RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 WELCH, MICHAEL RYAN, JOHN W STARE, CHERYL WELCH, ROBIN B 126 RICH RD 111 RICH RD 118 RICH RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 DUTTWEILER, MICHAEL W CONSTABLE, ROBERT L TESKEY, ELIZABETH DUTTWEILER, LINDA 343 CODDINGTON RD 403 CODDINGTON RD 345 CODDINGTON RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 DE GRAFF, PETER ESSEN, RICHARD E MILLER, ROBERT DE GRAFF, JANE MII I R. GRACE 151 NORTHVIEW RD 241 HOMAN AVE 101 NORTHVIEW RD ITHACA, NY 14850 STATE COLLEGE, PA 16801 ITHACA, NY= 14850 CULA, SIRATHORN IACOVELLI, ORLANDO PANCHAROEN, ANGSANA IACOVELLI, HELEN M 107 NORTHVIEW RD 347 CODDINGTON RD ITHACA, NY 14850 ITHACA, NY 14850 ***151 Fells Dr TOWN OF ITHACA BARLEY, JOHN J DWYER, WILLIAM J 215 N TIOGA ST BARLEY, CHRISTINE R LIBRITZ, KRISTIN M ITHACA, NY 14850 141 SNYDER HILI. RD 139 SNYDER HILI. RD ITHACA, NY 14850 ITHACA, NY 14850 PETRICOLA, MARILYN LIVESAY, GEORGE ROSENTHAL, HEATHER PETRICOLA ETAL, LAURA LIVESAY, BEVERLY 137 SNYDER HILL RD 143 SNYDER HILI. RD _ . 147 SNYDER HILI. RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 CATHERINE A. VALENTINO IRR TRU KAPLAN, KENNETH J WHEELER-FRANKLIN, LEILANI C 110 EASTERN HEIGHTS DR 108 EASTERN HEIGHTS DR 106 EASTERN HEIGHTS DR ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 *TIN, STEPHEN HOLMAN JONES, DAVID CHUN, HEEWON 104 EASTERN HGTS DR JONES, JOYCE CHUN, SUNGSOOK ITHACA, NY 14850 104 JOANNE DR 104 REGENCY LN ITHACA, NY 14850 ITHACA, NY 14850 WEBER, LLOYD S SHANNON, JAMES R WESTMELLER, CHAD E WEBER, PEGGY H TWOMEY, STEPHANIE L 14 106 REGENCY LN 102 JOANNE 107 REGENCY LN ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 DEI.JOO, PUANG-NGERN COLDREN, SCOTT E ARGETSINGER, ANN DEVERAUX . 101 JOANNE DR COLDREN, KATHRYN PO BOX 4406 ITHACA, NY 14850 103 JOANNE DR ITHACA, NY 14852 ITHACA, NY 14850 HIEBER, CORNELIUS MCCUE, FRANCIS X JOHNSON, PHILLIP 103 REGENCY LN 101 REGENCY LN 58 FORT HILL RD ITHACA, NY 14850 ITHACA, NY 14850 GOSHEN, NY 10924 SEAMAN, TIMOTHY E TILI EMANS, DANIEL BAILEY, LEE SOO SEAMAN, VICTORIA A 159 SNYDER HILL RD 161 SNYDER HILL RD 102 REGENCY LN ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 AJH KELLY IRREVOCABLE TRUST HART, JUDITH H BRIGITTE F WELKIN TRUST 77-6508 MAILS 150 SNYDER HILL RD 144 SNYDER HILL RD KAILUA KONA, HI 96740 ITHACA, NY 14850 ITHACA, NY 14850 GABARD, KENNETH A YUREKLI, OSMAN DURNAM, DEBORAH J YUREKLI, AYDA LOWS, AUDRHILL RD 140 SNYDER HILL RD 34 EAST LAKE RD 136 SNYDER H ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 HOFFMANN, EVA STATE OF NEW YORK SAVELLA, MARIA T 4 SUGARBUSH LN 107 HUMPHREYS SERVICE BLDG SAVELLA, PACIFICO J ITHACA, NY 14850 ITHACA, NY 14853 6 DOVE DR ® ITHACA, NY 14850 LUMUMBA-KASONGO, TUKUMBI DEXHEIMER, CHESTER L O'SHEA, KEVIN D ASSIE-LUMUMBA, N'DRI T DEXHEIMER, FRANCES J O'SHEA, LAUREN 4 PHEASANT LN 34 DOVE DR 32 DOVE DR ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 HENNING, RICHARD KENNEDY, SEAN A WONG, DAVID S HENNING, STACY 11 JOHN ST WONG, SHET-FAI 30 DOVE DR ITHACA, NY 14850 26 DOVE DR ITHACA, NY 14850 ITHACA, NY 14850 RENWICK, J ALAN A REEVES, ANTHONY P ESLINGER, ROGER F RENWICK, ANNE 22 DOVE DR ESLINGER, SUE 24 DOVE DR ITHACA, NY 14850 20 DOVE DR ITHACA, NY 14850 ITHACA, NY 14850 KIRKPATRICK, MARY P _ " " " ' " " " " " COGGER, RICHARD 18 DOVE DR CARINA R COGGER, RICHARD KIRKPATRICK, MARY P 14 DOVE DR 14 DOVE DR ITT DOVE DR ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 SAYER, RANDALL T POWELL, STEVEN P COBB , RONALD H SAWYER, CONSTANCE T POWELL, JILL H COBB , JUDITH A 12 DOVE DR 10 DOVE DR 8 DOVE DR ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 PADAMSEE, IRMA ALM BALL SELMAN, MARILYN CHUTINTARANOND, SANIT 11 DOVE DR 13 DOVE DR CHUTINTARANOND, NUJAREE ITHACA, NY 14850 ITHACA, NY 14850- 2237 N TRIPHAMMER RD ITHACA, NY 14850 QUACH, VINH KHON MINER, TODD AFZAL, OMAR QUACH, HELEN IANDOLI, MARY CORNELL UNIVERSITY 17 DOVE DR 35 DOVE DR 1069 ELLIS HOLLOW RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 CORNELL UNIVERSITY HOLMES, PATRICIA I ALLPORT, HAMILTON F PO BOX DH RYAN, ELLEN P KADLEC, SHERRY ITHACA, NY 14853 1083 ELLIS HOLLOW RD 66 WHITTED RD ITHACA, NY 14850 ITHACA, NY 14850 ***381 Pine Tree Rd 1093 GROUP LLC CORNELL UNIVERSITY YUNIS PROPERTIES LLC 295 MAIN ST PO BOX DH 214 CHURCH ST BUFFALO, NY 14203 ITHACA, NY 14853 #MIRA, NY 14901 TCW ASSOCIATES EAST LAWN CEMETERY ASC 63 W GROTON RD 934 MITCHELL ST GROTON, NY 13073 ITHACA, NY 14850 Carrie Coates Whitm re S nior Typist Town of Ithaca Sworn to before me this 13`h day of January 2012 . W. Notary Public _ DEBORAH :KELLEY Ybrk6' Notary public, State of N . No . 01 KE6025073 Qualified in Schuyler County JS commission Expires May 17 , 20 .._- 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, January 23 , 2012 7 : 00 P . M . Date of Publication : Friday, January 13 , 2012 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday, January 11 , 2012 CuVA- CarrieCoates 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 13th day of January 2012 . t� 06r , ,� Notary Public DEBORAH,KELLEY _ Notary Public,.State of> New York No . OtKE6025073 Qualified in Schuyler_counj ® 17 , Commission Expires May ` - I Friday, January -131 2012 The Ithaca JournalRV 1 _ eg P .' o no r . Legals 050, Legals, 050 Tank-site), Tax Parcel No. I TOWN OFITHACA 41 .-1 "30.2, Medium 'Densi- ZONING BOARD OF ty Residential. Said tank is APPEALS 1 .E a replacement of the exist.NOTICE OF PUBLIC ing 34' x 30' steel water HEARINGS 4 tank. . f Monday, January 23, A p p a a I of the Town of 2012 Ithaca, Craig Hebdon} 215 NorthTiogaagent, requesting a . var Street, Ithaca iance from the require-: 7:00P.M. ments of Chapter 270! Appeal of Gennady and Section 223A(1 ). 'Fences Julia Samorodnitsky, own- and Walls; Retaining Walls' ers. requesting a variance. of the Town of Ithaca Code 1 from the requirements of to be permitted to con Chapter 270,. Section 270- struct an 8 foot high fence 71C 'Yard Regulations' of around the site of the exist- i the Town of Ithaca Code to ing steel water tank, locat- be allowed to construct an ed at 151 Felis Dr on the { extension of a deck within Comelt University Campus 1 the side yard setback, lo- (known as the Hungerford 111 Gated at 126 Lexington Dr, Hill Water Tank site). Tax Tax Parcel' No. 72.- 1 -19, Parcel ' No. 61 .- 1 -7.2, Low Medium Density ' Residen_ Density Residential. New tial. Said property is split security regulations for wa- I by the Town of .Ithaca and. ter tank sites require an 8 Village of Cayuga Heights foot fence to be construct- municipal boundary. . ed around the water tank. A p p e a l of Hillside Alliance A p p e a I of Cornell Univer- Church, owner, Ben sity, owner, Gregar Brous, DeGeorge, agent, request- applicant, requesting var- ii, ing, modification of ZBA iances from the require- Resolution No. 2011 -002, ments of Chapter 270. ; Which .permitted the con- Section 117A(3) 'Yard i struction of a shed without Regulations' of the Town of ; the Town required sprinkler Ithaca Code to be permit- system, to be permitted to ted to place. a structure relocate the .shed (to be within the required side used for a clothing drop off) yard setback and the re- located at 1422 Slaterville quirements of Chapter 270, 1 Rd, Tax Parcel No. 58.-2- Section 270-135F 'Principal 1 39.3, Medium Density Res- Uses Authorized by Special idential. - Permit Only' of the Town of, Appeal of the Town of Ithaca Code to be permit- Ithaca, Creig Hebdon, ted to operate a bar or tav- agent. requesting . . a var- em less than 150 feet from iance from the require- a residential zone, located ments - of Chapter 270, at 381 Pine Tree Rd, Taxi Section 270-70 'Height. Parcel No, 62.-2- 1 . 123„ Limitations' of the Town of Community Commercial. j Ithaca Code to be permit- Assistance will be provided ted to construct a 48' x 39' for individuals with special 1 glass line water tank that needs, upon request. Re-i i exceeds the height limita- quests should be made not: tion, * located at '118 Flora less than 48 hours prior to, Brown Dr on the Ithaca the public hearings. - College Campus (known as Bruce W. Bates the Danby Rd Water Tank Directo}'of Code site), Tax Parcel No. 41 .- 1 - Enforcement 30.2, Medium Density Res- 607-273- 1783 idential. Said tank ,is a re- Dated: January 11 , 2012 placement of the existing Published: January 13, 50' x 35'-glass lined water 2012 . tank. 1 / 13/2012 A p p e a I of the Town of F— — Ithaca, Craig . Hebdon, I agent, requesting a var- ' - • • iance from the require. r. ments of Chapter 270, f 'Section 270-70 'Height ' - Limitations' of the Town of ^� Ithaca Code to be permit- ' ' ted construct a 48' x 1 • ' - - , •� glasss line water tank that exceeds fhe height limita- tion, located at 350 Coddington Rd on the Itha- ca College Campus (known ras the NorthviewRd Water r