HomeMy WebLinkAboutZBA Minutes 2012-07-16 ® TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday, July 16, 2012
215 North Tioga Street, Ithaca
7 : 00 P . M .
AARP@al of Paleontological Research Institute, owner/applicant, Warren Allmon , agent
requesting variances from the requirements of Chapter 221 , Section 221 -4A( 2), Section 221 -
4A(6), and Section 221 -4A(8) " Prohibited Signs", Section 221 - 5B( 1 ) " Exempt Signs ", Section
221 - 6A( 1 ) (a ) and Section 221 -6A( 1 ) ( b) " Regulated Signs" and other possible variances from
Chapter 221 of the Town of Ithaca Code to allow the display of promotional banners and/or
signage on and/or in front of the property located at 1259 Trumansburg Rd , Tax Parcel No . 24 . -
3 -3 . 1 , Low Density Residential . Promotional banners would promote permanent and temporary
exhibitions in three different forms and sizes : 20' x 40' banner on the Museum of the Earth
fagade, three 2 . 5' x 4' light post banners, and six 5' x 8' telephone pole banners .
AARP@al of Northeast Pediatrics, applicant, Marguerite Uphoff, agent, Song Ja Kyong , owner,
requesting a variance from the requirements of Chapter 270, Section 270-66 " Permitted
Principle Uses" of the Town of Ithaca Code to be permitted to operate a medical practice with
up to four physicians located at 1290 Trumansburg Rd, Tax Parcel No . 24 . -4- 14 . 22, Medium
Density Residential . Modification of the February 27, 1985 use variance may also be
considered .
® AApReal of Robert Harner, owner/applicant, requesting variances form the requirements of
Chapter 270, Section 270-46C "Side Yards" and Section 270-47 " Building Area " of the Town of
Ithaca Code, and modification of the variance granted April 12, 1989, and modified November
15, 1989, by the Zoning Board of Appeals to be permitted to construct a second story addition
located at 934B East Shore Dr, Tax Parcel No . 18 . - 5-9, Lakefront Residential .
Assistance will be provided for individuals with special needs, upon request . Requests should
be made not less than 48 hours prior to the public hearings .
Bruce W . Bates
Director of Code Enforcement
607-273- 1783
Dated : July 3, 2012
Published : July 6, 2012
FILE
DATE
® TOWN OF ITHACA ZONING BOARD OF APPEALS
Monday, July 16, 2012
Minutes
Present : Kirk Sigel , Chair; Ron Krantz , Bill King, David Mountin and Rob Rosen
Bruce Bates, Director of Code Enforcement and Paulette Terwilliger, Town Clerk
Absent : Yvonne Fogarty and Andrew Dixon
Appeal of Paleontological Research Institute , owner/applicant, Warren Allmon, agent requesting
variances from the requirements of Chapter 221 , Section 221 -4A(2), Section 221 -4A(6), and
Section 221 -4A(8) "Prohibited Signs" , Section 221 -513( 1 ) " Exempt Signs", Section 221 -6A(1 )(a)
and Section 221 -6A( 1 )(b) " Regulated Signs" and other possible variances from Chapter 221 of
the Town of Ithaca Code to allow the display of promotional banners and/or signage on and/or in
front of the property located at 1259 Trumansburg Rd , Tax Parcel No . 24 . -3 -3 . 1 , Low Density
Residential . Promotional banners would promote permanent and temporary exhibitions in three
different forms and sizes : 20 ' x 40 ' banner on the Museum of the Earth faqade, three 2 .5 ' x 4 '
light post banners, and six 5 ' x 8 ' telephone pole banners .
Warren Allman, PRI was available for questions .
® Mr. Sigel noted that there are 3 parts to this request ; 6 banners on telephone poles, one on each
lamp post at the entrance to parking and the faqade banner. Mr. Sigel asked if the submitted
picture showing the banner on the faqade is a simulation or an actual and Mr. Allman responded
that it is a simulation and no banners are in place . Discussion followed on the size of the
windows and what the actual banner would cover.
Mr. Sigel also noted that the county did submit an official recommendation to limit the number
of banners along Route 96 to two so the Zoning Board would have to approve the appeal by a
supermajority . The county was given the opportunity to comment according to General
Municipal Law requirements because PRI is on a State/County highway .
The County ' s concern was drivers being distracted and Mr. Allman stated that that was the point
although he added that they discussed this at length with the Planning Board and the banners are
not informational in that they will not have a lot of information on them . The point is for drivers
to notice that something is happening at the PRI. It is about the effect of the banners , not the
information given . Drivers would not be slowing down to read the banners, but it is the
announcement that the museum is there . He added that the number is important and one or two
do not do the trick . The repetitive nature of the banner and same content impress the mind of the
driver that something is there .
Discussion turned to the faqade and the measurements of that one . Mr. Allman stated that the
picture depicts what they want and if the board wants to specify 6 panels, he is fine with that.
® Mr. King brought the discussion back to the banners and Mr. Allman explained that they started
the request with 9 total and after going through the Planning Board, whittled it down to the
present request of 6 . Mr. Sigel asked if they were concerned about having the banners in front of
ZBA 7-16-2012
® the driveways before the PRI entrance and confusion and Mr . Allman responded that they were,
but it is rare that people enter the wrong entrance and if Holochuck happens , the entrance to
Future PRI will change and dynamics will change .
Mr . Rosen stated that he felt the signs on the telephone poles are confusing and distracting and
even the ones on the utility poles are distracting and felt they should be scaled down . He was
concerned about setting a precedent. Mr. Allman noted that they had banners for their 100
anniversary and it is not precedent. Mr . Allman responded that their major competition is the
Sciencecenter who can put up any size sign they want and the town has draconian sign laws that
has them at a huge disadvantage . Comments from patrons and residents always center around
not knowing where they are or that they are there and the visibility of the PRI driveway . The
idea then became a system of banners that yes , would distract, but not to the point of danger and
working with the Planning Department and the Planning Board was the current proposal . The
idea for the blanket approval for 5 years is to afford them the right to change the banners on a
rotating basis without the time involved to appear before the two boards .
Mr. Sigel opened the public hearing opened at 7 : 25 p.m .
Chris Campbell Peterson, Trumansburg
Ms . Peterson noted that she has served on various boards in various counties in New York State
and she wondered if the applicant had contacted the utility company because she understood that
they are moving away from allowing them . Mr . Allman responded that they have asked and
have not received an answer yet, but they had no problem with the previous banners . Ms.
® Peterson also asked if they were going to be temporary or permanent and whether they would be
changing. Mr. Sigel asked Ms . Peterson to address the board and also answered that the proposal
is for 5 years with rotating images after which if they wanted to continue, the applicants would
return to this board and a review of any issues or concerns that had occurred would happen then .
Ms . Peterson asked what the County ' s recommendation was that Mr. Sigel had referred to and
Mr. Sigel stated that the County ' s recommendation is to reduce the number to two on the utility
poles . Ms . Peterson agreed with the County saying that 6 is distracting and she said that she is a
professional marketer and 6 banners is a lot to absorb and this is a major highway and it would
be distracting.
Mr. Allman responded that the banners along the highway will be identical , unlike the
anniversary banners and the feeling is that that will be much less distracting.
There was no one else wishing to address the Board and Mr. Sigel closed the public hearing at
7 : 30 p .m .
Mr. Bates noted that the 2007 request was for four 2 ' X6 ' banners at the road frontage and this is
for six 5 ' x8 ' . Mr. Allman added that the dimensions were discussed at length at the Planning
Board and they would not do that size or number again because they were actually more
distracting because people could not make them out and had to slow down and focus to see what
they were . This is not about text, it is about quick, eye -catching.
® Mr. Krantz noted that there is a lot of action in that area and more coming and they all want to
have signs that show how important they are and direct people but you put it all together and
that ' s a lot of distraction and there is no getting around that . Mr. King asked if there were any
studies to support their assertion that the number of banners is not distracting. Mr. Allman
Page 2 of 8
ZBA 7-16-2012
® responded that they have spent a great deal of time talking about planning and they are part of
the node or development area and it is not going to be a 55 mph speed forever . The growth is not
going to support it but since it is being planned piecemeal , they have to deal with it as it is now
although the expectation is that in the next 10 years the whole neighborhood will be different .
Discussion followed on other possible locations and/or types of notification had been looked at
before deciding on these banners and locations . Mr. Allman went into some detail on why other
types and/or locations will not work and why, many of which were discussed in detail at the
Planning Board meeting.
Motion was made by Mr. Sigel , seconded by Mr. Mountin
ZBA RESOLUTION 2012-035 Environmental Assessment Sian Variance
Paleontological Research Institute (PRI) , 1259 Trumansburg Rd Tax Parcel No. 24. -3 -3. 1
MOTION made by Kirk Sigel , seconded by David Mountin
RESOLVED , that this board makes a negative determination of environmental significance
based upon the information in Part I form and for the reasons stated in the modified Part II form .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz, Mountin, King and Rosen
® NAYS : None .
Motion was carried unanimously .
ZBA RESOLUTION 2012-036 Sign Variance, Paleontological Research Institute (PRI)
1259 Trumansburg Rd, Tax Parcel No. 24.-3 -3 . 1 July 16, 2012
MOTION made by Kirk Sigel , seconded by David Mountin
RESOLVED, that this board grants the appeal of PRI, owner, Warren Allman, Agent requesting
a variance from the requirements of Chapter 221 , Section 221 -4A(2) , Section 221 -4A(6), and
Section 221 -4A(8) " Prohibited Signs", Section 221 -513( 1 ) "Exempt Signs", Section 221 -6A(1 )(a)
and Section 221 -6A( 1 )(b) " Regulated Signs" of the Town of Ithaca Code to allow the display of
promotional banners and/or signage on and/or in front of the property located at 1259
Trumansburg Rd , Tax Parcel No . 24 . -3 -3 . 1 , Low Density Residential . Promotional banners
would promote permanent and temporary exhibitions in three different forms and sizes : 20 ' x 40 '
banner on the Museum of the Earth fagade , three 2.5 ' x 4 ' light post banners to be placed at each
of the three parking areas , and six 5 ' x 8 ' telephone pole banners .
With the following conditions :
1 . With conditions A through J suggested by the Planning Board acting as the Sign Review
® Board :
Page 3 of 8
ZBA 7- 16-2012
® a. Each of the proposed signs on the utility poles shall not exceed 40-square feet in total
sign area, as defined in the Town of Ithaca Sign Law,
b . Each of the proposed signs on the light poles in the Museum of the Earth parking lot shall
not exceed 10-square feet in total sign area, as defined in the Town of Ithaca Sign Law,
c. The proposed sign on the Museum of the Earth shall not exceed 800-square feet in total
sign area , as defined in the Town of Ithaca Sign Law,
d . The proposed signs shall not be illuminated,
e . if approval of the signs on the utility poles are required by NYSEG/Iberola, Verizon
and/or NYS DOT, then the applicant will submit documentation from these entities that
these signs are acceptable to them . If approval by NYS DOT is not required , the
applicant shall submit documentation to that effect,
f. If any of the signs become ripped or tattered , they will be promptly replaced or removed ,
g. None of the signs on utility poles shall interfere with line of sight of motorists traveling
on Route 96 ,
h . All such signs shall be removed by May 1 , 2017 , and
i . The signs shall not list commercial sponsors, and
j . All six signs on roadside utility poles shall be the same in appearance and content.
2. That the banner sign on the fagade of the building occupy no more than the 6 panels of
window that are indicated on the simulation presented by the applicant to this board regardless of
whether that ends up being less than 20 ' x 40 ' .
With the following 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 can not be achieved by any other means
feasible given their desire to grab drivers ' attention as they drive along Route 96 . The applicant
has stated their belief that they need at least 6 banner signs along the road to adequately attract
attention to their current exhibitions .
2. That there will not be an undesirable change in neighborhood character or nearby properties
given that this is an area that has commercial and institutional uses along it and is a New York
State highway . The signs on the light poles at the entrances to the parking areas are minimally
visible from the road because of the slope and because of the distance from the road , and the
banner sign on the fagade of the building is minimally visible from the road .
3 . The request is substantial , these signs far exceed the allowed square footage of signs in this
district, but that is mitigated by the fact that this is a large institution in a residential district and
the district does not appear to allow for reasonable signage for such an institution .
4 . That the request will not have adverse physical or environmental effects given that it does not
involve significant construction but is merely the addition of signs on existing structures .
® 5 . While the alleged difficulty is self-created by the applicant ' s desire to increase their visibility,
nevertheless the benefit to the applicant does outweigh any detriment to the health, safety and
welfare of the community .
Page 4 of 8
ZBA 7-16-2012
® A vote on the motion resulted as follows :
AYES : Sigel , Mountin, King and Rosen
NAYS : Krantz
Motion was carried 4 to 1 .
Appeal of Northeast Pediatrics, applicant, Marguerite Uphoff, agent, Song Ja Kyong, owner,
requesting a variance from the requirements of Chapter 270, Section 270-66 "Permitted Principle
Uses" of the Town of Ithaca Code to be permitted to operate a medical practice with up to four
physicians located at 1290 Trumansburg Rd , Tax Parcel No . 24 . -4- 14 .22, Medium Density
Residential . Modification of the February 27 , 1985 use variance may also be considered .
Marguerite Uphoff, one of the Pediatricians from Northeast Pediatrics gave an overview of the
project stating that they would like to move their satellite practice currently located on the same
road but in the City of Ithaca to the former Kyong office which received a variance for 2
physicians . The vision of the satellite office also includes space for possible visiting physicians,
on-call physicians and some specialists be able to use the offices so on any given day there could
be more than two physicians and nurse practitioners could be on-site at a given time . The
attractiveness of being so close to the hospital is a big incentive but the actual operations would
remain the same as currently in the current office with the same patient load other than visiting
specialists .
Discussion followed on the specific wording of the current variance and what kind of workload
or patient traffic would be engendered .
Mr. Sigel noted that the board received an email detailing comparable properties and the cost of
turning the location back to a residential home . The cost would be prohibitive . Mr. Sigel
thought that the reasons stated in the original use variance from 1985 seem to still be valid and it
appears the applicant is asking for a minor adjustment to keep with the current type of medical
offices which have more health providers .
Mr. Sigel opened the public hearing at 8 : 08 p .m .
Mr and Mrs . Salvatore Grippi addressed the board and talked about the lack of municipal water
and sewer and noted that Mr. Kyong ' s property is operated on a septic system . They felt that it
should be updated and that public sewer should be brought to the area given that this is a medical
facility . Mr. Grippi felt that the commission should look into whether the two properties should
be hooked up and noted that the town engineer recommended that these properties be connected
but they were bypassed when the Overlook project went through.
Mr. Sigel closed the public hearing at 8 : 14 p .m .
® Ms. Brock asked whether the current parking is adequate for the new use and the applicant stated
that they looked closely at that and given that they do not anticipate more than 6-8 patients in an
hour which is not any different from the Cliff Street address they did not think it would be an
Page 5 of 8
ZBA 7- 16-2012
® issue . Also , if and when there is a specialist there, their appointments would run even longer and
limit vehicles even more . There are 20 spots now .
ZBA RESOLUTION 2012-037 Environmental Assessment Modification of an Existing
Use Variance Northeast Pediatrics 1290 Trumansburg Rd, Tax Parcel No. 24. 444.22
MOTION made by Kirk Sigel, seconded by David Mountin
RESOLVED , that this board makes a negative determination of environmental significance
based upon the information in Part I form and for the reasons stated in the modified Part 1I form .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Mountin, King and Rosen
NAYS : None .
Motion was carried unanimously .
ZBA RESOLUTION 2012-038 Modification of an Existing Use Variance
Northeast Pediatrics 1290 Trumansburg Rd Tax Parcel No. 24. -3 -3 . 1
MOTION made by Kirk Sigel , seconded by David Mountin
RESOLVED , that this board hereby modifies the variance granted by this Board on February
2711985 :
" Resolved that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant
a use variance from the requirements of Article IV, Sections 11 and 12, to permit the use of the
property known as 1290 Trumansburg Road , Town of Ithaca Tax parcel No . 6 . -24-4- 14 .2 as
office space for two physicians with neither doctor needing to be resident in the property, with
the following conditions :
1 . That the exterior of the building would not be changed ;
2. that the parking be maintained at the back of the building as indicated on the drawing
presented to the Board at Public Hearing, this date , February 27, 1985 , entitled, "Site
Plan, Dr. Kyong Renovation, 1290 Trumansburg Road , Ithaca, New York 14850"
prepared by Robert S . Leathers, Architect P . C . 909 Wycoff Rd, Ithaca, New York 14850,
undated .
3 . And further subject to submission to the Town of Ithaca Office of any records on file in
the Tompkins County Health Department with respect to the sewage disposal system for
the submect property, and , a copy of the certification of whoever the petitioner ' s attorney
gets to certify the system as adequate to the proposed use .
to read as follows :
" Resolved that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant
a use variance from the requirements of Chapter 270, Section 270-66 , "Permitted Principle Uses"
Page 6 of 8
ZBA 7-16-2012
® of the Town of Ithaca Code to permit the use of the property known as 1290 Trumansburg Road,
Town of Ithaca Tax parcel No . 6 . -24-4- 14.2 as office space for four medical providers, none of
whom need to be resident, with the following conditions :
1 . That the exterior of the building would not be changed ;
2. that the parking be maintained at the back of the building as indicated on the drawing
presented to the Board at Public Hearing, this date , February 27, 1985 , entitled , " Site
Plan, Dr. Kyong Renovation, 1290 Trumansburg Road, Ithaca, New York 14850"
prepared by Robert S . Leathers , Architect P . C. 909 Wycoff Rd , Ithaca, New York 14850,
undated .
3 . (deleted)
With the following findings :
That the applicant has demonstrated unnecessary hardship, specifically :
1 . That they can not realize a reasonable return on this property without the variance based on
the evidence presented in 1985 and with the more recent evidence submitted by the applicant of
the cost to bring this property back to a residential use .
2 . That the alleged hardship is unique and it does not apply to a substantial portion of the district
or neighborhood given that this is a unique property located right across the street from the
® hospital on a busy state highway and is not well suited to a residential use and is better suited to
this medical use that has existed since 1985 .
3 . That the requested variance will not alter the essential character of the neighborhood given
that it has been used as a medical practice since 1985 without any apparent problem
4 . That the alleged hardship has not been self-created by the applicant given that the applicant
has not purchased the property yet and the granting of this variance is a contingency upon their
purchase .
A vote on the motion resulted as follows :
AYES : Sigel , Mountin, King and Rosen , Krantz
NAYS : None
Motion was carried unanimously .
Appeal of Robert Harner, owner/applicant, requesting variances form the requirements of
Chapter 270 , Section 270-46C "Side Yards" and Section 270-47 `Building Area" of the Town of
Ithaca Code, and modification of the variance granted April 12, 1989, and modified November
15 , 1989, by the Zoning Board of Appeals to be permitted to construct a second story addition
located at 934B East Shore Dr, Tax Parcel No . 18 . -5 -9 , Lakefront Residential .
Robert Harner was available for questions from the Board and noted that he and his wife bought
this house as a summer house and found out that the dormers that were built were not approved
Page 7 of 8
ZBA 7- 16-2012
® by the Town but were built anyway . He has worked with Codes to resolve the issues and came
up with the presented plan to add stairs to make the second story compliant and allow the
dormers to remain .
Mr. Sigel and Ms. Brock gave the history of the project noting that the Board was very clear that
dormers would not be allowed . The property used to be in the City and then was annexed by the
Town and there were numerous issues with building the house . It was replacing a cottage and
the Board was very clear about height issues and no windows on the side due to complaints from
the then-neighbor. The house has never received a Certificate of Occupancy since 1987 . The
former owners were in a number of times to request approval of what they had done but never
received it. The new owner was not aware of any of this and is here tonight to try and resolve
the issues . Mr. Harner noted that his neighbors are in favor of the proposal and has submitted a
letter stating that.
Discussion followed on the project as submitted . The Board was concerned about the setbacks,
noting that there would be less than a foot from the neighbor and how small the lot is. This
would be a significant variance . The Board and applicant discussed alternatives to placing the
stairs outside of the current footprint and given the size of the house , it just is not feasible .
After much discussion and statements from the applicant noting that he would be happy to leave
it the way it is and not use the second level as habitable space . Options were discussed due to
the change in circumstances from the original decision(s) of the Board, namely, new owners of
both properties and many of the concerns raised by the former neighbor are not valid at this time .
Mr : Bates agreed that by designating the upper level as non-habitable space , he believes the
building would be compliant by code . He would like to review the documentation one more
time, but he believes is would be . Mr. Harner also noted that the building on the property prior
to a fire in the 80 ' s did have dormers on it but he liked the idea of leaving it as is and not using
the space as habitable . Discussion followed on the process of doing that and the options the
Board has ; Option 1 — grant what is asked tonight Option 2 — deny the appeal and make him
remove the dormers Option 3 — adjourn this appeal , republish and grant approval of what exists
right now based on changed circumstances . Discussion followed .
Mr. Sigel moved to adjourn the appeal of Robert Harner, requesting a variance to modify his
home at 934B East Shore Drive until the Board ' s August meeting. Seconded by Ron Krantz ,
Unanimous .
Mr. Sigel moved that this Board hold a re-hearing of the appeal regarding this property from the
Zoning Board of Appeals from December 15 , 1989 . Seconded by Dave Mountin; Unanimous .
Meeting adjourned at 9 : 45 p .m .
Kir Si , C it
® Paulette Terwilliger, TVwn Clerk
Page 8 of 8
FILE CIX -�
DATE .
ADOPTED RESOLUTION ZB RESOLUTION 2012=035
Environmental Assessment
Sign Variance
Paleontological Research Institute (PRI )
1259 Trumansburg Rd
Tax Parcel No . 24 .=3-3 . 1
July 16 , 2012
MOTION made by Kirk Sigel , seconded by David Mountin
RESOLVED , that this board makes a negative determination of environmental
significance based upon the information in Part I form and for the reasons stated in the
modified Part II form .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Mountin , King and Rosen
NAYS : None .
Motion was carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA:
I , Paulette Terwilliger, Town Clerk of the Town of Ithaca , New York , do hereby
certify that the resolution is an exact copy of the same a opted by the Zoning Board of
Appeals of the Town of Ithaca at a regular meeting on th 16th a of July , 2012 .
FILE
DATE
ADOPTED RESOLUTION ZB RESOLUTION 2012-036
Sign Variance
Paleontological Research Institute (PRI)
1259 Trumansburg Rd
Tax Parcel No. 24. -3 -3 . 1
July 16, 2012
ZBA RESOLUTION 2012-036 Sign Variance, Paleontological Research Institute (PRI)
1259 Trumansburg Rd, Tax Parcel No. 24. -3 -3. 1 July 16, 2012
MOTION made by Kirk Sigel , seconded by David Mountin
RESOLVED , that this board grants the appeal of PRI, owner, Warren Allman, Agent requesting
a variance from the requirements of Chapter 221 , Section 221 -4A(2), Section 221 -4A(6), and
Section 221 -4A(8) "Prohibited Signs" , Section 221 -513( 1 ) "Exempt Signs", Section 221 -6A(1 )(a)
and Section 221 -6A( 1 )(b) "Regulated Signs" of the Town of Ithaca Code to allow the display of
promotional banners and/or signage on and/or in front of the property located at 1259
Trumansburg Rd , Tax Parcel No . 24 . -3 -3 . 1 , Low Density Residential. Promotional banners
would promote permanent and temporary exhibitions in three different forms and sizes : 20 ' x 40 '
banner on the Museum of the Earth faqade , three 2.5 ' x 4 ' light post banners to be placed at each
of the three parking areas , and six 5 ' x 8 ' telephone pole banners .
With the following conditions :
1 . With conditions A through J suggested by the Planning Board acting as the Sign Review
Board :
a . Each of the proposed signs on the utility poles shall not exceed 40-square feet in total
sign area, as defined in the Town of Ithaca Sign Law,
b . Each of the proposed signs on the light poles in the Museum of the Earth parking lot shall
not exceed 10-square feet in total sign area, as defined in the Town of Ithaca Sign Law,
c. The proposed sign on the Museum of the Earth shall not exceed 800-square feet in total
sign area, as defined in the Town of Ithaca Sign Law,
d . The proposed signs shall not be illuminated ,
e . if approval of the signs on the utility poles are required by NYSEG/Iberola, Verizon
and/or NYS DOT, then the applicant will submit documentation from these entities that
these signs are acceptable to them. If approval by NYS DOT is not required , the
applicant shall submit documentation to that effect,
f. If any of the signs become ripped or tattered, they will be promptly replaced or removed ,
g. None of the signs on utility poles shall interfere with line of sight of motorists traveling
on Route 96,
h. All such signs shall be removed by May 1 , 2017, and
i . The signs shall not list commercial sponsors , and
j . All six signs on roadside utility poles shall be the same in appearance and content.
® 2. That the banner sign on the faqade of the building occupy no more than the 6 panels of
window that are indicated on the simulation presented by the applicant to this board regardless of
whether that ends up being less than 20 ' x 40 ' .
With the following findings :
1 . That the benefit to the applicant does outweigh any detriment to the health , safety and welfare
of the community , specifically , that the benefit the applicant wishes to achieve can not be
achieved by any other means feasible given their desire to grab drivers ' attention as they drive
along Route 96 . the applicant has stated their belief that they need at least 6 banner signs along
the road to adequately attract attention to their current exhibitions .
2. That there will not be an undesirable change in neighborhood character or nearby properties
given that this is an area that has commercial and institutional uses along it and is a New York
State highway . The signs on the light poles at the entrances to the parking areas are minimally
visible from the road because of the slope and because of the distance from the road , the banner
signs on the faqade of the building is minimally visible from the road .
3 . The request is substantial , these signs far exceed the allowed square footage of signs in this
district, but that is mitigated by the fact that this is a large institution in a residential district and
the district does not appear to allow for reasonable signage for such an institution .
4 . That the request will not have adverse physical or environmental effects given that it does not
involve significant construction but is merely the addition of signs on existing structures .
5 . While the alleged difficulty is self-created by the applicants desire to increase their visibility,
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, King and Rosen
NAYS : Krantz
Motion was carried 4 to 1 .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA :
I , Paulette Terwilliger, 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 oning Board of Appeals of the
Town of Ithaca at a regular meeting on the 16`h day of July, 20
FILE
DAT 31 fes /
® ADOPTED RESOLUTION ZBA RESOLUTION 2012-037
Environmental Assessment
Modification of an Existing Use Variance
Northeast Pediatrics
1290 Trumansburg Rd
Tax Parcel No . 24 .4w14 .22
July 16 , 2012
MOTION made by Kirk Sigel , seconded by David Mountin
RESOLVED , that this board makes a negative determination of environmental
significance based upon the information in Part I form and for the reasons stated in the
modified Part II form .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Mountin , King and Rosen
NAYS : None .
Motion, was carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA:
I , Paulette Terwilliger , Town Clerk of the Town of Ithaca , New York , do hereby
certify that the resolution is an exact copy of the same ad d by the Zoning Board of
Appeals of the Town of Ithaca at a regular meeting on th 1 Juu 12 .
C �
FILE
DATE 3�
® ADOPTED RESOLUTION ZBA RESOLUTION 2012-038
Modification of an Existing Variance
Northeast Pediatrics
1290 Trumansburg Rd
Tax Parcel No. 24.-3-3. 1
July 16, 2012
MOTION made by Kirk Sigel, seconded by David Mountin
RESOLVED , that this board hereby modifies the variance granted by this Board on February 27 , 1985 :
" Resolved that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a use
variance from the requirements of Article IV, Sections 11 and 12, to permit the use of the property known
as 1290 Trumansburg Road, Town of Ithaca Tax parcel No . 6 . -24-4- 14 . 2 as office space for two
physicians with neither doctor needing to be resident in the property , with the following conditions :
1 . That the exterior of the building would not be changed;
2. that the parking be maintained at the back of the building as indicated on the drawing presented to
the Board at Public Hearing, this date, February 27, 1985 , entitled , "Site Plan , Dr. Kyong
Renovation , 1290 Trumansburg Road , Ithaca, New York 14850" prepared by Robert S . Leathers ,
Architect P. C. 909 Wycoff Rd , Ithaca, New York 14850, undated .
3 . And further subject to submission to the Town of Ithaca Office of any records on file in the
Tompkins County Health Department with respect to the sewage disposal system for the submect
property , and, a copy of the certification of whoever the petitioner ' s attorney gets to certify the
system as adequate to the proposed use .
to read as follows :
" Resolved that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a use
variance from the requirements of Chapter 270, Section 270-66, "Permitted Principle Uses" of the Town
of Ithaca Code to permit the use of the property known as 1290 Trumansburg Road , Town of Ithaca Tax
parcel No . 6 . -24-4- 14 .2 as office space for four medical providers, none of whom need to be resident,
with the following conditions :
1 . That the exterior of the building would not be changed ;
2. that the parking be maintained at the back of the building as indicated on the drawing presented to
the Board at Public Hearing, this date, February 27, 1985 , entitled, "Site Plan , Dr. Kyong
Renovation , 1290 Trumansburg Road , Ithaca, New York 14850" prepared by Robert S . Leathers,
Architect P. C. 909 Wycoff Rd, Ithaca, New York 14850, undated .
3 . (deleted)
With the following findings :
That the applicant has demonstrated unnecessary hardship, specifically :
1 . That they can not realize a reasonable return on this property without the variance based on the
evidence presented in 1985 and with the more recent evidence submitted by the applicant of the cost to
bring this property back to a residential use .
® 2 . That the alleged hardship is unique and it does not apply to a substantial portion of the district or
neighborhood given that this is a unique property located right across the street from the hospital on a
® busy state highway and is not well suited to a residential use and is better suited to this medical use that
has existed since 1985 .
3 . That the requested variance will not alter the essential character of the neighborhood given that it has
been used as a medical practice since 1985 without any apparent problem
4. That the alleged hardship has not been self-created by the applicant given that the applicant has not
purchased the property yet and the granting of this variance is a contingency upon their purchase.
A vote on the motion resulted as follows :
AYES : Sigel , Mountin , King and Rosen , Krantz
NAYS : None
Motion was carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA:
I, Paulette Terwilliger, 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 Boar Appeals of the Town of Ithaca at
a regular meeting on the 16'h day of July , 2012.
I
® 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 Joumat
ADVERTISEMENT : PUBLIC HEARING
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
Monday, July 16 , 2012
7 : 00 P . M .
Date of Publication : Friday, July 6 , 2012
Location of Sign Board Used for Posting : Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca , NY 14850
Date of Posting : Tuesday , July 3 , 2012
Carrie Coates Ph itrhore
Deputy Town Clerk
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA)
Sworn to and subscribed before me this 6th day of July 2012 .
Notary Pudic
DEBORAH KELLEY
Notary Public,-State of New York
No . 01 KE6025073
® Qualified in,Schuyler county � ,�
Commission Expires May 17, 20 ' � -
Friday, July 6, 2012
The Ithaca Journal
Le X Is 050' Le Sols
9a �,. . 9
TOWN OF ITHACA 1989, by the Zoning Board
i =ZONING BOARD of Appeals to 6e permitted
OF APPEALS • to construct a second story
NOTICE OF PUBLIC addition located at 934B
HEARINGS East Shore or, Tax Parcel
Monday, No. 18.-5-9, lakefront Res-
July 16, 2012 idential.
215 North Tioga Assistance will be provide
iStreet, Ithaca for individuals with special
+ 7:00 P.M. needs, upon request. Rei
Appeal of Paleontological quests should be made not
Research Institute, owner/ less than ,48 hours prior to
applicant, Warren Allmon, the public'hearings. .
I agent requesting. variances Bruce W. Bates
from the requirements of ' DirectorofCode
Chapter 221 , Section 221 - Enforcement
1 4A(2), Section 221 -4A(6), 607-273- 1783 )
and Section 221 -4A(8) Dated: July 3, 2012 1
'Prohibited Signs', Section 7/6/2012 '
+ 221 -58(1 ) "Exempt Signs'. !
Section 221 -6A( l )(a) and
Section 221 -6A( 1 )(b) 7/6/2012
'Regulated Signs' and oth-
er possible variances from
Chapter 221 of the Town of
Ithaca Code to allow the
' display of promotional ban-
I ners and/or signage on
and/or in front of the prop-
I erty located at 1259
1 Trumansburg Rd, Tax Par-
cel No. 24.-3-3. 1 , Low
Density Residential. Pro.
motional banners would
promote permanent and ,
temporary exhibitions - in j
three different forms and
sizes: 20' x 40' banner on
the Museum of the Earth
facade. three 2.5' x 4' light
post banners, and six 5' x
8' telephone pole banners.
Appeal of Northeast Pedia-
trics, applicant, - Marguerite
Uphoff, agent, Song Ja ;
Kyong, owner, requesting a
variance from the require- t
ments of Chapter 270,
Section 270-66 'Permitted
( Principle Uses' of the Town
of Ithaca Code to be per-
mitted to operate a medical
practice with up to four
- physicians located at 1290
Trumansburg Rd,. Tax Par.
cel No. 24.4-14.22, Medi- ,
um Density Residential.
Modification of the Febru-
ary 27, 1985 use variance
may also be considered. i
Appeal of, Robert Hamer."
owner/applicant, request-
ing variances form the re-
quirements of Chapter 270, i
Section 270-46C 'Side
Yards` and Section 270-47
. 'Building Area' of the. Town
of Ithaca Code, and modifi- ,
t : cation of the variance '
granted April 12. 1989, ands
f modified November 15.
AFFIDAVIT OF SERVICE BY MAIL
STATE 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 6`'' day of July 2012, deponent served the within Notice upon the property owners of the following
Tax Parcel Numbers :
1259 Trumansburg Rd, Sign Variance
Lou LoVeccio Cornell University John Ecker
Cayuga Medical Center PO Box DH 1250 Trumansburg Rd
101 Harris B Dates Dr Ithaca, NY 14853 Ithaca, NY 14850
Ithaca, NY 14850
Future PRI, LLC Holochuck Homes, LLC Song Ja Kyong
250 S Clinton St, Suite 502 7 Brightside Ave 220 Highgate Rd
Syracuse, NY 13202 East Northport, NY 11731 Ithaca, NY 14850
NY SEG Overlook at West Hill PRI
0 Farm View Dr Freeport Housing Development Fund Cor 1259 Trumansburg Rd
w Gloucester, ME 04260 11 Park Pl, Suite 1705 Ithaca, NY 14850
New York, NY 10007
1290 Trumansburg Rd, Sign Variance
Cayuga Medical Center Cayuga Professional Center LLC Cornell University
101 Harris B Dates Dr 323 N Tioga St Box DH
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14853
Salvatore & Rosalind Grippi Gerald & Patricia Hall Song Ja Kyong
9 Orchard Hill Rd 1307 Trumansburg Rd 220 Highgate Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
NYSEG Overlook at West Hill II PRI
70 Farm View Rd Freeport 11 Park Pl, Suite 1705 1259 Trumansburg Rd
New Gloucester, ME 04260 New York, NY 10007 Ithaca, NY 14850
606 Elmira Rd, Use Variance
Allen Becker Benjamin and Stevenson Burkhart Services Inc
88 Hillview Rd 129 West Falls St 6917 Vista Parkway N
Spencer, NY 14883 Ithaca, NY 14850 Suite 6
West Palm Beach, FL 33411
elmira Rd LLC Ferrara Realty Inc Grigorov Family LLC
PO Box 6437 408 Albany St S 629 Coddington Rd
Ithaca, NY 14851 Ithaca, NY 14850 Ithaca, NY 14850
I6ffidavit of Service by Mail Zoning Board of Appeals Meeting 07/ 16/2012
Iacovelli Brothers Construction Co. Ithaca Realty, LLC Mitchell Ventures, LLC
610 Elmira Rd 1150 East 28`h St 108 Crest Ln
Ithaca, NY 14850 Brooklyn, NY 11210 Ithaca, NY 14850
Pennsylvania Lines LLC People of NYS Cary Sosebee
110 Franklin Rd SE Empire State Plaza, Building 1 Miranda Demarest
Roanoke, VA 24042-0028 Albany, NY 12238 PSC 276, Box 239
APO, AP 96548
Robert & Mary Swansbrough Leo Teeter & Ann Lillie Yunis Realty Inc
15 Piper Rd 214 Wood St 214 E Church St
Newfield, NY 14867 Ithaca, NY 14850 Elmira, NY 14901
Mark & Fox Zifchock
786 Elm St Ext
Ithaca, NY 14850
934B East Shore Dr, Area Variances
Om and Sunanda Gupta Robert and Jill Harper Thomas Hilton
37 Beckett Way 329 Vestal Rd 940A East Shore Dr
aca, NY 14850 Vestal, NY 13850 Ithaca, NY 14850
ve
Timothy and Linda Hinkin Jacqueline Kippola John and Ann Lango
305 Sanctuary Dr 920 East Shore Dr 926 East Shore Dr
Key Largo, FL 33037 Ithaca, NY 14850 Ithaca, NY 14850
Thomas Miller Pennsylvania Lines LLC Wylie Schwartz
PO Box 5041 110 Franklin Rd SE 923 East Shore Dr
Cortland, NY 13045 Roanoke, VA 34042-0028 Ithaca, NY 14850
Michael and Leigh Slattery Frank and Sari Signorelli John Sepos
632 Sunset Dr 104 Manderson Rd 940B East Shore Dr
Endwell, NY 13760 Syracuse, NY 13224 Ithaca, NY 14850
Richard Southworth George Spisak TC Chamber Commerce
603 Hudson St 929 East Shore Dr 904 East Shore Dr
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Shirley Valenza Village of Cayuga Heights . Donald Weir
5 Neptune Dr, Apt 110 836 Hanshaw Rd 18955 Masons Dr
Dryden, NY 13053 Ithaca, NY 14850 Lutz, FL 33558
Mary Louise Zaharis
919 East Shore Dr
*aca, NY 14850
2
s '
Ofidavit of Service by Mail Zoning Board of Appeals Meeting 07/ 16/2012
By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the
United States Post Office Department within the State of New York.
baCarrie Coates Wh ' or , Deputy Town Jerk
Town of Ithaca
Sworn to before me this 6`s day of July 2012.
Notary Public `
DEBORAH KELLEY
NotaryTublic, State of New York
No . 01 KE6025073
Qualified in Schuyler County
Commission Expires May 17, 20
0
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