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HomeMy WebLinkAboutZBA Minutes 2017-04-17 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday,April 17, 2017 Appeal of Cornell University/EdR, Whitham Design, Agent, Maplewood Student Housing project located at Mitchell St and 201Maple Ave, TP 63.-2-10.2,PDZ, seeking a variance from the Code of the Town of Ithaca Town of Ithaca Chapter 221-6 A (3)to be allowed to have two banners that are more than 24' square feet in size and are not 500 feet from the public road right of way. Information on the above is available from the Town Clerk or on line at www.Town.Ithaca.ny.us Bruce Bates, Director April 10, 2017 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca,, Tompkins County, New York that the following notice has been duty posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly 1)ublished in the official newspaper, Ithaca journal: ADVERTISEMENTINOTICE 0 NOTICE OF PUBLIC HEARINGS 11 NOTICE OF ESTOPPEL F1 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Zoning Board of Appeals —Maplewood Banners P0 0 N IDA Y', A,P R n L 101, 2 01 7 Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street ...........111912emm Ithaca, NY 14850, (Ifts."111 of the In the Town website at RIM, at TOWN OF ITHACA �?,t&rn0, NOTICIR,10F PUBUC HEARING ZONRN�.BOARD OF APPEALS M0140AY,A PRIII,17,2017 Appeail of Cornell 'Iffle5l at Unwersltyl'EdR, Whitharn De- Daof"Posting: 4/6/2017 %rgn, Agent, MafAeuvood Stam ratarrt to d&A H6usinfj propect located at Date of Pulicafion: 4/10/2017 Mitch,OR St and 20'Wapue Ave, TP 61,2-10,2, PDZ, semking a varIance frcno the Code of the air thef Ithaca Town of ithaca 221-6 T2! 0 have two banners that 'We mWe than 241 , uare feet M :size and are not: feet frore, the,publk road right of avail- ' fcWrTWt1W'1 on the' is avail- able frorn the'rowrj Clerk or on Paulettc�kosa line at Www.Town,rthaca,ny,os Bruce Satef,tArector Town Clerk April 10,2017 41'10/2017 W(!J�ivk,�r Mo, � ,GjIre jjjjr STATE OF NEW YORK) Cluesting Rids,frovn certified COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and Subscribed before n this of 2017. L4 ,r 4_ Notary Publie""I.— Debra DeAuglstine Notary Pubfic-State of New York No.01 DE61 48035 OunPied in Tompkins County MyCommission Expires June 19,20 TOWN OF IT ❑ ,® HACA 0 0 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithamny.us 4 y y 7 0 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEWYORK ) SS.: COUNTY OFTOMPKINS ) 1, Paulette Rosa, being duly sworn, depose and state, that deponent is not a party to the actions, L� is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New York. That on the 6'i' (lay of April 2017, deponent served the within Notice upon the property owners listed on the attached document, of the following Tax Parcel Nunibers: Z' Maplewood Banners — Sign Variance Mitchell Street and 201 Maple Ave 63,-2-10.2 By depositing sirne enclosed in a postpaid addressed wrapper, in a post office under the eXCILISive care and custody of"'ille,,VnitedStates'l? st Office Department within the State ol'New York. -4 Paulette Rosa, Town Clerk Sworn to before me this 6"' day of April 2017. 4A A tary,Pubfic Debra DeAugistine Notary Public-State of NOW y0fK t,lo.01 DE6148035 Ounlified in Tofnpkins County My Commission Expires June 19,20 Helene Ballantyne Cortland Bassett David&Jane Bates 115 Walnut Street Regina Lennox 925 Mitchell Street#4 Ithaca,NY 14850 105 Clover Lane Ithaca, NY 14850 Ithaca, NY 14850 Belle Sherman Cottages, LLC Louis &Jeanne Billera Black Oak Ln Homeowners Attn: Toby Millman 925 Mitchell Street, Unit 5 511 W. Seneca Street 6 West Lake Street Ithaca, NY 14850 Ithaca, NY 14850 Skaneateles,NY 13152 Occupant Bruce Abbot Mngt., LLC Anne Carson 817 Mitchell Street 301 Maple Avenue,F-5 811 Mitchell Street Ithaca,NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Mark Ceres City of Ithaca Coal Ventures LLC 25 Ramsey Road 108 E. Green Street 143 Maple Avenue Lebanon,NJ 08833 Ithaca, NY 14850 Ithaca, NY 14850 Carol Cohen Shaowei&Zhengjun Cui Ricardo Daziano James Geletka 2250 N. Triphammer Road#8C 101 Walnut Street 106 Walnut Street Ithaca, NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Francis &Barbara DiSalvo East Lawn Cemetery Asc 225 Pearl Street 934 Mitchell Street Ithaca,NY 14850 Ithaca,NY 14850 Richard Furnas Charles Greene Robert Grommes 111 Clover Lane Catherine Drew Harvell Rebecca Hennessy Ithaca,NY 14850 311 Walnut Street 113 Walnut Street Ithaca,NY 14850 Ithaca,NY 14850 James &Yoshiko Hogg James & Susan Hosek Edward Hower 921 Mitchell Street 120 Walnut Street 1409 Hanshaw Road Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Darien Weifeng Huang Larry&Sara Jane Hymes Adam &Raadha Jacobstein 209 Walnut Street 120 Vine Street 114 Clover Lane Ithaca,NY 14850 Ithaca, NY 14850 Ithaca,NY 14850 Laurie Johnston Carol Kalafatic Jonathan Kaplan 119 Clover Lane 815 Mitchell Street Stephanie Martin Ithaca,NY 14850 Ithaca,NY 14850 806 Mitchell Street Ithaca,NY 14850 Keith Low &Mary Pham -Trust Richard & Donna Kuhar Rowland& Sharyn Laedlein The David Low Trust 108 Clover Lane 107 Walnut Street 109 Walnut Street Ithaca, NY 14850 Ithaca, NY 14850 Ithaca,NY 14850 Edward&Joan Lawler David &Deborah Levine J H Madden &Bea Snowdon 925 Mitchell Street, Unit 2 132 Cokesbury Road 114 Walnut Street Ithaca,NY 14850 Lebanon,NJ 08833 Ithaca, NY 14850 Yifei Mao &Dan Zhang Andrew &Catherine Milnor Thomas Ki-Cheong Ng 207 Walnut Street 925 Mitchell Street#6 307 Walnut Street Ithaca,NY 14850 Ithaca, NY 14850 Ithaca,NY 14850 Michael &Barbara Nussbaum Mona Anita Olsen Christine Olson 925 Mitchell Street#1 103 Walnut Street Dennis&Emily Miller Ithaca,NY 14850 Ithaca, NY 14850 203 Walnut Street Ithaca, NY 14850 David&Kathleen Orr Zhegian Zhang Charles & Hollie Pettit aowei Cui 124 Vine Street ShShWalnut Street 3677 Bates Road Ithaca,NY 14850 303 Ithaca, NY 14850 Medina,NY 14103 Rhoda Possen Kristy Richards Edna Rinkcas 117 Clover Lane 108 Walnut Street 110 Clover Lane Ithaca,NY 14850 Ithaca, NY 14850 Ithaca,NY 14850 David&Joyce Rivas Albert&Joanne Rosevear Paul Rubin 305 Walnut Street 105 Walnut Street 1557 Charon Road Ithaca,NY 14850 Ithaca, NY 14850 Jacksonville,FL 32205 Warren Schlesinger Fred &Margot Schoeps Daniel Schwarz 217 Linn Street 925 Mitchell Street,Unit 7 925 Mitchell Street#3 Ithaca,NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 David&Pamela Shapiro Kay Shipman Julia Tang& Mark Eggert 807 Mitchell Street 116 Clover Lane 414 Isabella Manor Court Ithaca,NY 14850 Ithaca, NY 14850 Chesterfield,MO 63107 Albert&Janice Volpini Jinhua Wang Jinhua Wang 101 Cox Road 9 Observatory Circle 2250 N. Triphammer Road#8C Newfield,NY 14867 Ithaca, NY 14850 Ithaca,NY 14850 Linda Olson Warner David Williams Samantha Zacher John Craig Warner 110 Walnut Street Peter Gilgen 112 Walnut Street Ithaca,NY 14850 925 Mitchell Street, Unit 8 Ithaca,NY 14850 Ithaca,NY 14850 Zoning Board of Appeals Monday,April 17, 2017 Minutes Board Members present: Rob Rosen (Chair), Bill King, Chris Jung, Christine Decker and George Vignaux; Alternates: Carin Rubin and William Highland Staff present: Bruce Bates, Director of Code Enforcement; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town Mr. Rosen called the meeting to order at 6:00 p.m. Appeal of Cornell University/EdR,Whitham Design,Agent,Maplewood Student Housing project located at Mitchell St and 201Maple Ave, TP 63.-2-10.2,PDZ, seeking a variance from the Code of the Town of Ithaca Town of Ithaca Chapter 221-6 A(3) to be allowed to have two banners that are more than 24' square feet in size and are not 500 feet from the public road right of way. Kate Chesebrough, Whitham Design,was present to answer questions from the Board. Ms. Chesebrough stated that the banners are for the construction phase of the project and answered questions from the Board including the length of construction—July of 2018—and the reason for the banners --which is to provide images to clearly inform and show the public,who were very involved in the very long approval process, a depiction of what was ultimately decided upon. She stated that the size is to make them more legible from the road while driving by as is the placement closer to the road. Mr. Bates noted that there is a 6-foot fence with black mesh material up now so the banners would be an improvement over that and she agreed as did the Board. Mr.Vignaux put it eloquently—"A picture is worth a thousand words." Mr. Rosen opened 6:12 p.m. There was no one wishing to address the board and the hearing was closed. ZBA Resolution- 0014-2017 Sign Variance SEQR Mitchell Street&201 Maple Ave TP 63.-2-10.2 PDZ April 17,2017 Motion made by Mr. Rosen, seconded by Mr. King This Board makes a negative declaration of environmental significance based on the information provided in Parts 1 and 2 and for the reasons stated in Part 3 o the State Environmental Assessment Form (SEAR). Vote: ayes—Rosen, King,Decker,Jung and Vignaux Unanimous ZBA Minutes 2017-04-17 pg. 1 ZBA Resolution-0014-2017 Sign Variance Mitchell Street&201 Maple Ave TP 63.-2-10.2 PDZ April 17,2017 Motion made by Mr. Rosen, seconded by Ms. Decker This Board moves to grant the appeal of Cornell University/EdR, Whitham Design, Agent, Maplewood Student Housing project located at Mitchell St and 201Maple Ave, TP 63.-2-10.2,PDZ, seeking a variance from the Code of the Town of Ithaca Town of Ithaca Chapter 221-6 A (3)to be allowed to have two banners that are more than 24' square feet in size and are not 500 feet from the public road right of way with the following: Conditions 1. That the signs (banners)be produced and places substantially as submitted and shown in the final submission documents to this board, and 2. That the two signs do not exceed 4' x 8' each and be attached to the fence,no higher than the fence, as described in the submission material, and 3. That the signs shall be removed within 18 months of the date of this approval, or within 15 days after the last certificate of occupancy is issued,whichever is sooner and with the following Findings The benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically; 1. The benefit the applicant seeks cannot be achieved by any other means possible given that they would like to convey a lot of information about the project by depicting the finished product and the size is needed to be seen by passengers in motor vehicles driving by which also necessitates the placement closer than what is allowed, and 2. There will not be any undesirable change to the neighborhood character or to nearby properties given that this will be a small piece of visible landscape of a large construction project and will not be any less attractive than the black material currently on the construction fencing, and 3. The request is substantial, given that they should be 500 feet from the roadway where these will be 20' feet from the roadway, and the maximum area allowed is 24' square feet and these are 32' square feet,but nevertheless, the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community for the reasons stated above, and 4. That the request is self-created in that the applicants wish to be close to the road and larger than allowed,but this Board feels the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, and ZBA Minutes 2017-04-17 pg. 2 5. That there will not be any environmental impacts as stated in the SEQR form. Vote: Ayes—Rosen, King, Vignaux,Decker and Jung Unanimous Other business—No meeting in May Meeting was adjourned at 6:25 p.m. TSubmitte Paulette Rosa,Town Clerk ZBA Minutes 2017-04-17 pg.3 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information.. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Maplewood Redevelopment Project;Sponsor:EdR Trust Name of Action or Project: Sign Variance Project Location(describe,and attach a location map): Veterans Place(Between Mitchell Street and Maple Avenue) Brief Description of Proposed Action: The Maplewood development team is requesting a sign variance to allow for two(2)temporary construction sizes,visible from Maple Avenue and from Mitchell Street,to be UK in size each. Current Town of Ithaca sign laws only allow for one temporary construction sign no greater than 6 square feet in size. Name of Applicant or Sponsor: Telephone: (607)272-1290 Scott Whitham E-Mail: whitham@whithamdesign.com Address: 142 East State Street Suite B City/PO: State: Zip Code: Ithaca NY 14850 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: a ❑ Town of Ithaca Zoning Board of Appeals Sign Variance 3.a.Total acreage of the site of the proposed action? 16.98 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 16.98 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) [:]Industrial ❑Commercial m Residential(suburban) ❑Forest ❑Agriculture El Aquatic ❑Other(specify): institutional(cemetery,Comell Univ.) ❑Parkland Page 1 of 4 5, Is tile proposed action, N1 YES N/A a.A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 1:1 21 6, Is the proposed action consistent with the predominant character of the existing b41 i It or natural NO YES] landscape? 1:1 IZI 7. Is the site of tile proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES IfYes, identify: .......... .............................. ................. ..................... —1 ............. ................. ----------- Z F If. a. Will the proposed action result ina:substantial increase intraffic alcove present levels? NO YES Fv—(] El b, Are public transportation service(s)available at or near the site ofthe proposed action? F-1 W1— c:, Are any pedestrian accommodations or bicycle routes available on or near site ofthe proposed action? F I v/1 F- 9. Does tile proposed action meet or exceed the state energy code requirements? NO IE If the proposed action mill-exceed requirements,describe design [features and technologim ....................... .......................................... .................—--—----------------------------- M Will the propose(]action connect to an existing, public/private water supply? NO YES If No,describe method for providing potable water: Z 7 .......... ...... .... --——---------------------------- I I.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Fv(1 F-1 ................. ...................... 11 a. Does the site contain a structure that is listed on either tile State or National Register of I listoric NO j YES Places'? Z F-1 b. Is,the proposed action located in an archeological sensitive area'? 13, a, Does any portion ofthe site ofthe proposed action,or lands ad'joining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency'? Z EL b. Would tile proposed action physically alter,or encroach into,any existing wetland or waterbody? F4 El IfYcs, identify the wetland or waterbody and extent of alterations in square feet or acres:...... ...................... ........................ 14. Identify the typical habitat types that occur on,or are likely to be found oil the project site. Check all that -apply: El Shoreline El I"'orest F-1 Agricultural/grasslands EjEarly mid-successional El Wetland El Urban 0 Suburban 15. Does the site ofthe proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? 77 El- 16. Is the project site located in the 100 year flood plain? NO YES Fy/1 F-1 IT Will the proposed action create storm water discharge,either from point or non-point sources? NO YES 1f Yes, I I a. Will storm water discharges flow to adjacent properties? NO [:]YES b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? IfYcs, briefly describe: NO ❑YES, ........................---.................. -- —---—------------——......—--------- ---------- Page 2 of 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑' ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Scott Whitham Date: March 2.2017 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? a ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the a ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: F ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ✓❑ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, El or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, Elwaterbodies,groundwater,air quality,flora and fauna)? 21 1 Page 3 of 4 No,or Moderate small to large impact impact may Inay, occur occur I Wil I the proposed action result in an increase in the potential for erosion, flooding or drainaue =71 problems'? .......................................... I I Wil I the proposed action create a hazard to environuiental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every CILICStiOn in fart? that was answered "moderate to large inIpaCt 111'cly occur"", or if there is a need to explain why a particular element of the proposed action may or will riot rCSUIt in a significant adverse environmental impact,please complete Pail 1. Part 3 should, in sufficient delad, identify the impact, including in),ineasures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the fitipact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and CUrntflative impacts. This proposed action is to allow Banners on a fence at the entrance5into an approved development project, These banners will be only temporary Until the development project is complete. Therefore, based on this information and the DEC EAF mapper summery report there would be little or no environmental impact in granting this variance. F1Check this box of you have determined,based on the inf'ortnation and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse hnpacts and an Oenvironmental impact statement is required. Chock this box ifyou have determined,based on the information rand analysis above, and any supporting dOCLInientation, that the proposed action will not result in any significant adverse environnicntal i7niacts. ,�/ ................. lanae of Lead Agency Date ? C Print car..'J"ype Name of Responsible Officer in Lead A trey" Title of Responsible Officer Signature of Preparer dif�fere-ii�fi�—des pons--ib-1--e ignat reof Responsible Officer in Lead Agency 0 dJff leer PRINT�:] Page 4 of 4 EAF Dapper Suammary Report Friday, March 31, 2017 212 PM Disclaimer: The EAF Mapper is a screening tool intended to assust project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF cquesUon can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a Substitute for agency determinations. wd'ii aro laca Idtr Boston .o // �/i gSNrrif �n V ��„ wtrnt a A ;V� 'RERE,'�DaL cr me,C a>C.,�, 1 ktt hat e its a lrtacmap, VNC1<RENIE'UT Fl, NR C6hprF—r' Japan,HETI, Esrll Chuna tHorrg i ng),Eg'n r�nrttrtarnry a ora�a �p, �'E, �s �0 Kcrea,Esru iThart-nd LIa�,rr tmdia,tq f-C, � IV~ y a:rtuenfmnir r, E^etls�uta"rE�`�r Imter n^zp„ R �daekt dap cvntr butvars,and the GIS IN CA t,11,1EYi B E,NE Win,Es id UB Ey Carr rnm rout r:irnn wt h dJi ,MET ,EsriChina uiw&g Part 1 /Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National Register of No Historic Places] Part 1 /Question 12b [Archeological Sites] No Part 1 /Question 13a [Wetlands or Other No Regulated'ifWaterbodies] Part 1 /Question 1 [Threatened or No Endangered Animal] Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. 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