HomeMy WebLinkAboutZBA Minutes 2021-11-09Town of Ithaca
Zoning Board of Appeals
Tuesday, November 09, 2021 @ 6:00pm
215 N. Tioga St.
Due to public health and safety concerns related to COVID-19 and NYS Legislation allowing
virtual meetings. The Public Hearing meeting for the Zoning Board of Appeals will be held by
video conferencing through the Zoom App with no in-person attendance permitted. The public
will have an opportunity to see and hear the meeting live and provide comments.
Agenda
0012-2021 Appeal of Susie and Eric Schneider, owners of 869 Taughannock Blvd., Tax Parcel
No. 25.-2-25
0028-2021 Appeal of Cornell University, Owner; Dan Schied, Applicant/Agent 275 Palm
Rd., Tax Parcel No. 64.-1-1
INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY: If you have a computer, tablet,
or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on
“JOIN Meeting”, and entering 852-5587-1576 into the Meeting ID. You can also call in to the
Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to
https://us06web.zoom.us/j/85255871576
On the evening of, 11/09/2021, at 5 minutes before 6:00pm, join in with your computer,
smartphone, or telephone. You will be placed on hold until the meeting starts. Questions about
accessing the Zoom video conference should be emailed to ctorres@town.ithaca.ny.us or (607)
273-1783 ext.2.
ZBA 2021-11-09 (Filed 1/2022) Pg. 1
Town of Ithaca
ZONING BOARD OF APPEALS
Tuesday, November 9, 2021
MINUTES
Present: Rob Rosen, Chair; Members Bill King, George Vignaux and David Williams and
David Filiberto, Alternates Chris Jung Absent
Marty Moseley, Director of Codes; Becky Jordan, Deputy Town Clerk and Susan Brock,
Attorney for the Town
Mr. Rosen opened the meeting at 6:00 p.m.
0012-2021 Appeal of Susie and Eric Schneider, owners of 869 Taughannock Blvd., Tax Parcel
No. 25.-2-25, are seeking relief from Town of Ithaca Code sections 270-45 (Height limitations),
270-46 H. (Garages), and 270-47 (Building area) for a proposal to build a new single-family
dwelling /house and a detached garage. Town of Ithaca Code section 270-45 requires that
detached garages not exceed 15’ in height, where a height of approximately 24’-7.25” is
proposed for the detached garage. Town of Ithaca Code section 270-46 H. requires a garage to be
not less than 30’ from the front property boundary lot line, and not less than 20’ from a side yard
property boundary lot line; where the detached garage is proposed to have an approximate 5’
front yard setback (measured to the west property boundary lot line) and an approximate 16’6”
side yard setback (measured to the north side property boundary lot line). Town of Ithaca Code
270-47 allows for a building area of no more than 10%, where the proposed single-family
dwelling/house and detached garage is proposed to have a building area lot coverage of
approximately 15.9%. The property is in the Lakefront Residential District.
Mr. Rosen noted for the record that the Board will be unable to vote on the appeal due to a flaw
in the public hearing notice, but they could discuss the application and allow anyone present to
speak, but there would be another official public hearing held at the next meeting.
Discussion
Mr. Rosen said he thought the modified plans were a huge improvement.
Mr. Vignaux said he is unconcerned with the encroachment on the southwest adjacent lot as it is
owned by a governmental body and not occupied by residential neighbors.
Mr. Squires, Mr. King, and Ms. Jung agree the applicants have listened to the concerns expressed
and done a nice job improving their plan accordingly.
Ms. Petrina explained the stormwater plan is not to discharge into the creek to the North along
the property boundary but have drainage around the property and downward on east side of
property toward the lake.
ZBA 2021-11-09 (Filed 1/2022) Pg. 2
Mr. Rosen brought up the vegetative buffering suggestion for further discussion
Ms. Petrina stated that to reduce the percentage of lot coverage they decreased the footprint of
the garage to 441 square feet, but the height remains the same.
Ms. Schneider commented that the neighbors to the South have already planted two large
evergreens that screen a large majority of the future construction site and they will talk again
with neighbors to the South regarding further plantings when we are closer to the start of
construction. He added that vegetative screening on the North remains unknown because of the
creek, but they will look at that in the future.
Ms. Snow, a neighbor, said that some of her questions were answered during this discussion and
she is open to a neighborly discussion with the applicants regarding the stairs and vegetative
buffering on the North.
The Public Hearing announcement will be republished for a special meeting on Thursday,
November 18th.
0028-2021 Appeal of Cornell University, Owner; Dan Schied, Applicant/Agent, 275 Palm
Rd., Tax Parcel No. 64.-1-1, is seeking relief from Town of Ithaca Code section 225-3 (New
buildings required to have sprinklers). Town of Ithaca code section 225-3 A. (8) requires
sprinklers for storage buildings exceeding 400 square feet in size, where the building is seeking
to not install sprinklers. The property is a Planned Development Zone - Special Land Use
District No. 9.
Mr. Schied gave an overview, stating that these structures have been on site for quite a while,
and it was determined that they did not meet the Town Code. To bring them into compliance,
the roofs were removed, door push bars added and other upgrades.
Although there is electric service, no permit could be found authorizing that. The service is used
to power warm-block heaters for tractors in the winter. Since the electric services were
connected to the roofs, the service was removed. The request is to reinstall electric service for
that use.
Mr. Mosely reported that the April 14, 2020 minutes provided to the Board relative to the
existing variance on these structures include the statement from the applicant at the time that the
storage units were not near water nor electricity services and they are noncombustible, which
statements were also integrated into the conditions and findings of the resolution.
Mr. Rosen asked if the structures did not need a sprinkler variance now that the connecting roof
essentially transforming the individual containers into one structure has been removed.
Mr. Mosely responded that if the roof has been removed and each container has a minimum of
20’ feet separating them and they are under 400’ square feet in measurement, they would be
considered independent structures and not require a sprinkler under Code.
Mr. Schied confirmed that the five containers they are requesting electrical service capability for
meet those parameters and some electrical service capability infrastructure remains available to
reconnect if approved.
Mr. Mosely clarified that the prior description of the structure detailed multiple doors and exits
as they were attached to each other and therefore one "building", now, each structure that is more
than 20' feet apart is a singular structure with one door and no sprinkler needed but the
remaining structures that are not 20' feet apart are still considered a single structure and require a
sprinkler or a variance.
Ms. Brock stated there SEQR is not required as this is a Type II, Educational institution
expansion less than 10,000 square feet.
ZBA RESOLUTION 0028-2021 Sprinkler Variance
275 Palm Rd
TP 64.-1-1 PDZ
Resolved that this board grants the appeal of Cornell University, 275 Palm Rd., Tax Parcel No.
64.-1-1, Planned Development Zone identified as Special Land Use District No. 9., seeking relief
from Town of Ithaca Code section 225-3 (New buildings required to have sprinklers) which
requires sprinklers for storage buildings exceeding 400 square feet in size, with the following
Conditions
1. That the existing conditions listed on the existing variance, ZBA 0003-2020, remain in
place, and with the following
Findings
1. That the application of the strict letter of Chapter 225-3 would create a practical difficulty
and unnecessary hardship for the applicant given that water and heat utilities are not
present or reasonably available near the structures, and
2. That the omission of an approved sprinkler system from all or part of the structure will
not significantly jeopardize the structures are storage, are made of non-combustible steel
with no overnight human occupancy occurring, they are less than 400; sqft. in size
allowing incidental human occupants the ability to leave quickly and efficiently, fire
extinguishers and interior push bars on the exits are required.
Moved by Rob Rosen and seconded by Chris Jung.
Vote: ayes - Rosen, King, Jung, Vignaux and Squires
Submitted by
Deputy Town ClerkBecky Jord^
ZBA 2021-11-09 (Filed 1/2022) Pg. 3
You are receiving this notice because you live within 500 feet of a property requesting a
variance from the Town Code. Comments can be made during the meeting, or in writing
via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us
All comments become part of the official record.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday November 09, 2021, at 6:00pm
215 N. Tioga St.
Due to the public health and safety concerns relating to COVID-19 and NYS Legislation
allowing virtual meetings, the Zoning Board of Appeals will not be meeting in-person. This
meeting will be held by video conferencing through the Zoom app. The public will have an
opportunity to see and hear the meeting live and provide comments.
INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY: If you have a computer,
tablet or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking
on “Join a Meeting”, and entering 851-5587-1576 into the Meeting ID. You can also call in to
the Zoom meeting at +1 (929 436 2866).
0012-2021 Appeal of Susie and Eric Schneider, owners of 869 Taughannock Blvd., Tax Parcel
No. 25.-2-25, are seeking relief from Town of Ithaca Code sections 270-45 (Height limitations),
270-46 H. (Garages), and 270-47 (Building area) for a proposal to build a new single-family
dwelling /house and a detached garage. Town of Ithaca Code section 270-45 requires that
detached garages not exceed 15’ in height, where a height of approximately 24’-7.25” is
proposed for the detached garage. Town of Ithaca Code section 270-46 H. requires a garage to be
not less than 30’ from the front property boundary lot line, and not less than 20’ from a side yard
property boundary lot line; where the detached garage is proposed to have an approximate 5’
front yard setback (measured to the west property boundary lot line) and an approximate 16’6”
side yard setback (measured to the north side property boundary lot line). Town of Ithaca Code
270-47 allows for a building area of no more than 10%, where the proposed single-family
dwelling/house and detached garage is proposed to have a building area lot coverage of
approximately 15.9%. The current property is located in the Lakefront Residential District.
Marty Moseley
Director of Code Enforcement
You are receiving this notice because you live within 500 feet of a property requesting a
variance from the Town Code. Comments can be made during the meeting, or in writing
via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us
All comments become part of the official record.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday November 09, 2021, at 6:00pm
215 N. Tioga St.
Due to the public health and safety concerns relating to COVID-19 and NYS Legislation
allowing virtual meetings, the Zoning Board of Appeals will not be meeting in-person. This
meeting will be held by video conferencing through the Zoom app. The public will have an
opportunity to see and hear the meeting live and provide comments.
INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY: If you have a computer,
tablet or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking
on “Join a Meeting”, and entering 851-5587-1576 into the Meeting ID. You can also call in to
the Zoom meeting at +1 (929 436 2866).
0028-2021 Appeal of Cornell University, Owner; Dan Schied, Applicant/Agent , 275 Palm
Rd., Tax Parcel No. 64.-1-1, is seeking relief from Town of Ithaca Code section 225-3 (New
buildings required to have sprinklers). Town of Ithaca code section 225-3 A. (8) requires
sprinklers for storage buildings exceeding 400 square feet in size, where the building is seeking
to not install sprinklers. The current property is located in the Planned Development Zone
identified as Special Land Use District No. 9.
Marty Moseley
Director of Code Enforcement