HomeMy WebLinkAboutZBA Minutes 2006-04-17 TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,APRIL 17, 2006
7:00 P.M.
PRESENT: Kirk Sigel, Chairperson; Harry Ellsworth, Board Member; Ronald Krantz,
Board Member; Dick Matthews, Board Member; Jim Niefer, Board Member; Susan
Brock, Attorney for the Town; Christine Balestra, Planner; John Coakley, Deputy Town
Clerk.
ABSENT: None
OTHERS PRESENT: Bonnie and James Warren, 2028 Elmira Rd, Newfield; Nancy
Emerson, 1317 Trumansburg Rd, Ithaca; Rob Garrity, 124 Brindley St, Ithaca; Bethany
Schroeder, 1448 Trumansburg Rd, Ithaca; Art Weaver, Renovus Energy; David Hessler,
179 Calkins Rd, Ithaca; Mike Carpenter, 192 Van Dorn Rd S, Enfield; Renate Schmitt,
190 Seven Mile Dr, Ithaca; Lee Ginenthal, 190 Seven Mile Dr, Ithaca; Aafke and Tamme
Steenhuis, 224 Bostwick Rd, Ithaca; Stefan Brownell, 2037 East Shore Dr, Lansing;
Gerald Hall, 1307 Trumansburg Rd, Ithaca.
Chairperson Sigel opened the meeting at 7:05 p.m.
Chairperson Sigel—Good evening. Welcome to the April meeting of the Town of Ithaca
Zoning Board of appeals. Tonight we have five appeals, we'll take them in the following
order: the appeal of Bonnie Warren, the appeal of Roy Luft, the appeal of Jon Bosak, the
appeal of David Hessler, and the appeal of Lee Ginenthal.
APPEAL of Bonnie Warren, Appellant, requesting a variance from the
requirements of Chapter 225 of the Town of Ithaca Code, to be permitted to
construct a 600+/- square foot building in conjunction with the Three Rivers
Miniature Golf Course without the installation of a Town required sprinkler system.
The New York State Building Code would not otherwise require such an
installation. The appellant is also requesting a variance from Chapter 221 of the
Town of Ithaca Code to be permitted to erect a sign with an area that is larger than
the maximum allowed. The property is located at 869 Elmira Road, Town of Ithaca
Tax Parcel No. 35-1-10.2, Low Density Residential Zone.
Chairperson Sigel — Good evening, would you like to come and have a seat and please
begin with your name and address.
Mrs. Warren - Bonnie Warren, 2028 Elmira Rd, Enfield.
Mr. Warren - James Warren, same address.
TOWN OF ITHACA ZONING BOARD OF APPEALS
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Chairperson Sigel —OK, maybe it would make sense for use to address the sign variance
first. Do you want to just give us a brief explanation at how you arrived at your request
for the sign variance.
Mrs. Warren - Sure, when I made up the sign I wasn't aware that the six inches that are in
between the two rows counted, so that's what put me over for the variance, is that little
section in between there. So, it's an overall 4 and �/z foot, so it looks like a piece of fence,
but it will sit perpendicular to the road so there will be words on both sides.
Chairperson Sigel—OK. Anyone have any questions regarding the sign?
Mr. Matthews — Yeah, if they were in variance, the sign would be, what 2/3 the size of
that one you pictured?
Mrs. Warren - Yeah, if I was within the variance, there wouldn't be a space in between
the two cross parts there.
Mr. Matthews —That's it?
Mrs. Warren - Yeah.
Mr. Warren- That's it.
Mr. Matthews —Thank you very much.
Mrs. Warren - You're welcome.
Chairperson Sigel — The Town's definition of a sign is the area surrounding all the
lettering, so it includes the gap that they've created. Any other questions or comments?
It seems, given the area there, even though this is a residential zone, it's more of a fairly
commercial strip, so it seems to me that the sign would be fairly modest in that setting.
Mr. Matthews —It seems so.
Mr. Krantz—And it is an attractive sign too.
Chairperson Sigel — It seems fairly residential in nature, actually, looking. OK, if there
are no other questions, I'll open the public hearing for this request for a sign variance
with regard to this appeal. If no one wishes to speak, we'll close the public hearing with
regard to the sign appeal.
Chairperson Sigel opened and closed the public hearing at 7:09 p.m.
Chairperson Sigel—Do we have, should we do Environmental Assessment separately for
these, I think we probably should, for the two?
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Ms. Balestra—For the actions?
Chairperson Sigel—Yeah, for the two actions, two separate environmental...
Ms. Brock—No, they should be done together I think.
Ms. Balestra—I think so.
Chairperson Sigel—Then I suppose we should discuss the sprinkler variance.
[inaudible comments from Ms. Balestra]
Chairperson Sigel — Does anyone have any questions at least as far as environmental
impact with regard to the sprinkler variance?
Mr. Niefer—No.
Chairperson Sigel—I don't think there are really any environmental issues with regard to
the sprinkler variance, possible safety issues, but not really environmental. OK, then I'll
move, in regard to the appeal of Bonnie Warren, I'll move to make a negative
determination of environmental significance for the reasons stated in the Part 11
Assessment form prepared by Town Staff. Second?
Mr. Matthews —Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 020 : ENVIRONMENTAL ASSESSMENT
Bonnie Warren, Three Rivers Mini Golf Course, 869 Elmira Rd, Tax Parcel
No. 35.-1-10.2
MOTION made by Kirk Sigel, seconded by Dick Matthews
RESOLVED that, in regard to the appeal of Bonnie Warren, this Board makes a
negative determination of environmental significance for the reasons stated in the
Part II Assessment Form prepared by Town staff.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
The MOTION was declared to be carried.
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Chairperson Sigel — And I will move to grant the appeal of Bonnie Warren requesting a
sign variance from chapter 221 of the Town of Ithaca Code to be permitted to erect a sign
with an area that is larger than the maximum allowed, at 869 Elmira Rd, Tax Parcel 35.-
1-10.2, low density residential zone, with the condition that the area of the sign not
exceed six square feet. And with the findings that the requirements for an area variance
have been satisfied, specifically that the sign is in character with the residential
neighborhood, being a picket fence style; having found that while the applicant does have
an alternative besides seeking a variance, the size of the variance is rather small; that no
physical environmental impact will take place on the neighborhood, given that it is a busy
state highway, and the sign is smaller than most signs on that section of the highway; and
that while the difficulty was self-created, that again the size of the sign mitigates that
factor, and therefore the benefit to the applicant does outweigh the detriment to the
community. Second?
Mr. Niefer—Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 021: Bonnie Warren, Three Rivers Mini Golf
Course, 869 Elmira Rd, Tax Parcel No. 35.-1-10.2
MOTION made by Kirk Sigel, seconded by Jim Niefer.
RESOLVED that this Board grants the appeal of Bonnie Warren, requesting a
sign variance, from Chapter 221 of the Town of Ithaca Code to be permitted to
erect a sign that is larger than the maximum allowed at 869 Elmira Road, Tax
Parcel No. 35.-1-10.2, Low Density Residential Zone.
FINDINGS: The requirements for an area variance have been satisfied,
specifically-
1.
pecifically:1. The sign is in character with the residential neighborhood, being a picket
fence style, and
2. While the applicant does have an alternative besides seeking a variance,
the size of the variance is rather small, and
3. No physical environmental impact will take place on the neighborhood,
given that it is a busy state highway, and the sign is smaller than most
signs on that section of the highway, and
4. While the difficulty was self-created, again the size of the sign mitigates
that factor, and therefore
5. The benefit to the applicant does outweigh the detriment to the community.
CONDITIONS: The area of the sign not exceed six square feet.
The vote on the MOTION resulted as follows-
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APPROVED MINUTES
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel — OK, so the sign we're done with, and now we can discuss your
sprinkler variance, which, did they get a copy of the letter from Chris?
Ms. Balestra—They did, from Kristie.
Chairperson Sigel — From Kristie, sorry. So, I assume the other members have read the
letter from Kristie Rice, recommending that we not grant the sprinkler variance, and she
points out a number of reasons, one being that there is municipal water present at the
location which would give sufficient pressure I assume, for a system, and often-times the
reasoning for a variance is that we, someone is on a well or something and they don't
have the necessary pressure. So I just wanted to make sure everyone had seen that, give
you guys a chance to...
Mr. Warren - We're only open half a year, we don't have a furnace or anything, so we
have to have a dry system. There's nobody spending the night in there, the inside has 5/8
fire rock on the walls, it's not a gathering place, and it's 570 square foot.
Chairperson Sigel—Anyone...?
Mr. Matthews — Yeah, I'm an unabashed friend of business and trying to establish
businesses, and I don't agree with one of the points that was made by Ms. Rice. I'm not
looking at Corporate America here sitting before us. You mentioned that the cost was
$7,900 or such which is not a big issue. Give me $7,900 and watch me smile. I think it
is an issue that a small business being confronted with an $8,000 bill for something that
may or may not be needed, only except by law seems to me a little stretch. I question
also the need for a sprinkler system in a building that houses no one. If it does flame up,
it's going to be their building and I don't think anything else would be injured there.
We're not looking at an evergreen forest in the background that will burn the hill down,
and that's an important factor here I think. And there are not buildings around there
where sparks are going to set fire and have a conflagration of homes or anything like that.
So, I'll be very open about this. I think we should allow them to construct the building
and get the business started for the season without adding the additional burden of the
sprinkler system.
Mr. Krantz — I tend to agree. I don't see where there's any safety factor in a situation
where there's no furnace, no sleeping, no public people in there at all, no cooking. It
doesn't seem like there's any big risk, which is the whole purpose of a sprinkler system.
Mr. Ellsworth — I design sprinkler systems. I've probably designed 60 or 80 of them,
mostly for College apartments, and I don't have a problem with this at all. And I don't
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think they need to put in a smoke detection system either, which happen to be, in many
cases, more expensive than sprinkler systems. For 20 by 30 foot buildings, let it burn
down if something happens. You've eliminated one of the causes of fire, since they don't
have any heat in there. So, I don't see the need for it, despite what the staff says. I think
this regulation has to be tempered a little bit with what's going on with some of these
proj ects.
Mr. Niefer—I agree with what's been said before, and of course the board is empowered
to grant a variance, when the board has found certain things, and I think those two criteria
that are findings that we should make have been met and thus, I certainly would grant the
variance for the sprinkler system.
Chairperson Sigel — I also tend to agree with what's been said, I think that the egress
seems pretty straightforward and direct from the building and the access to the bathrooms
is directly from the outside?
Mrs. Warren - Yes.
Chairperson Sigel—Chris?
Ms. Balestra — I can't speak for the building department on this one. The only concern
that raises a red flag for me is that Eco Block walls are filled with polystyrene which is
toxic when it's on fire.
Mr. Niefer—But I think that there's sheetrock on the inside, isn't there?
Mrs. Warren - Yes.
Mr. Niefer— So it's a rated interior wall and ceiling of sheetrock, so that is the equivalent
of a fire protection barrier, from, not only the Styrofoam but the wooden trusses above it.
So...
Ms. Balestra—Yeah, I can't make an argument either way.
Mr. Niefer - ... it is generally recognized that sheetrock is an adequate item for fire
protection purposes. I think, Harry, you'd confirm that, wouldn't you?
Mr. Ellsworth—Yeah.
Chairperson Sigel — OK, any other comments? OK, we'll open the public hearing with
regard to the sprinkler variance, if anyone wishes to speak... if not...
Chairperson Sigel opened the public hearing at 7:20 p.m.
Mr. Carpenter- I think they made a lot of sense.
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Chairperson Sigel—Thank you. OK, we'll close the public hearing.
Chairperson Sigel closed the public hearing at 7:21 p.m.
Chairperson Sigel - And we already did the Environmental Assessment. So, OK, I will
move to grant the appeal of Bonnie Warren, requesting a variance from the requirements
of Chapter 225 of the Town Code to be permitted to construct an approximately 600
square foot building in conjunction with the Three Rivers Miniature Golf Course without
the installation of a Town required sprinkler system, where New York State Building
Code would not otherwise require such an installation, at 869 Elmira Road, Town of
Ithaca Tax Parcel No. 35.-1-10.2, Low Density Residential Zone. With the following
conditions, that there be no cooking inside the premises, no public gathering space will be
maintained inside the building, no sleeping facilities will be provided in the building, nor
any sleeping take place in the building. That there be no furnace or other source of heat
in the building, and that there always be direct access to the outside from any rooms
within the building. I believe there are two bathrooms, and the rest is just one large
space?
Mrs. Warren - Yeah, and we have a door on both sides of the building from the inside.
Chairperson Sigel—OK. And with the findings that application of the Code would create
a practical difficulty and unnecessary hardship for the Applicant given the significant cost
of a sprinkler system of at least $8,000 for seasonal use that does not have heat or
cooking or any other type of facilities, and finding that the omission of the sprinkler
system will not significantly jeopardize human life given that all rooms in the building
have direct access to the outside, that it's a single story structure and that the total square
footage is only 600 square feet. Second?
Mr. Ellsworth—I'll second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 022: Bonnie Warren, Three Rivers Mini Golf
Course, 869 Elmira Rd, Tax Parcel No. 35.-1-10.2
MOTION made by Kirk Sigel, seconded by Harry Ellsworth.
RESOLVED that this Board grants the appeal of Bonnie Warren, Appellant,
requesting a variance from the requirements of Chapter 225 of the Town of
Ithaca Code, to be permitted to construct an approximately 600 square foot
building in conjunction with the Three Rivers Miniature Golf Course without the
installation of a Town required sprinkler system, where New York State Building
Code would not otherwise require such an installation, at 869 Elmira Road, Town
of Ithaca Tax Parcel No. 35.-1-10.2, Low Density Residential Zone.
FINDINGS-
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1. Application of the Code would create a practical difficulty and unnecessary
hardship for the Applicant given the significant cost of a sprinkler system of
at least $8,000 for seasonal use that does not have heat or cooking or any
other type of facilities, and
2. The omission of the sprinkler system will not significantly jeopardize human
life given that all rooms in the building have direct access to the outside,
that it's a single story structure and that the total square footage is only 600
square feet.
CONDITIONS-
1.
ONDITIONS:1. There be no cooking inside the premises,
2. No public gathering space will be maintained inside the building,
3. No sleeping facilities will be provided in the building, nor any sleeping take
place in the building
4. There be no furnace or other source of heat in the building, and that
5. There always be direct access to the outside from any rooms within the
building.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK, you're all set.
Mrs. Warren - Thank you.
Mr. Matthews —Mr. Chairman, I'd like to go on record as expressing my appreciation to
the member of the public for saying this government agency made a lot of sense in it's
argument. It's the first time I've ever heard that in my life.
Chairperson Sigel—It was isolated though. We'll see how you feel in a few minutes.
[laughter]
APPEAL of Roy A. Luft, Appellant, requesting a variance from the requirements of
Chapter 270, Article VIII of the Town of Ithaca Code to be permitted to install a
freestanding photovoltaic system (solar panels) at 1317 Trumansburg Road, Town
of Ithaca Tax Parcel No. 24-3-6.2, Low Density Residential Zone. Solar panels are
not currently permitted on a property other than attached to a home or building.
Chairperson Sigel—Good evening.
g
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Ms. Emerson - Hi. I'm not Roy Luft obviously. Roy's my husband, and he couldn't be
here tonight, so you'll have to do with me. Is that alright.
Chairperson Sigel—That's fine. If you could just state your name and address to begin.
Ms. Emerson - Mine.
Chairperson Sigel—Yeah.
Ms. Emerson - My name is Nancy Emerson, and my address is 1317 Trumansburg Road
in Ithaca.
Mr. Garrity - My name is Rob Garrity, and I'm here representing Performance Systems
Contracting, we did the installation of this system.
[inaudible side comments]
Chairperson Sigel — OK, so to summarize, in your case, you were granted a building
permit...
Mr. Garrity - That's right.
Chairperson Sigel—And then we tried to take it back.
Ms. Brock -No.
Ms. Balestra—No.
Mr. Garrity - No.
Ms. Emerson -Not exactly. You realized that it was issued in error.
Chairperson Sigel—So, nothing has changed since when you build it till now?
Mr. Garrity - As far as physical changes to the structure? No.
Chairperson Sigel—Right.
Ms. Emerson - It's producing electricity beautifully.
Mr. Garrity - Great connected [inaudible]
Ms. Emerson -NYSEG has connected the meter and it's producing as much electricity as
we are consuming, so we're very very pleased.
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Chairperson Sigel—Sounds good. Any...
Mr. Matthews — I'm concerned from a different viewpoint perhaps. I really wish this
wasn't before our board, I really believe that the introduction of this technology into the
community needs more input from the citizens of the community than what's here
tonight. We're going to do this and set a precedent, I think. Correct me if I'm wrong.
Ms. Balestra—Do what to set a precedent?
Mr. Matthews — And that we're opening the box, shall we say. And I wonder if this
discussion shouldn't be had before the Town Planning Board.
Chairperson Sigel—Well, the Town Board is looking to modify the Zoning Ordinance...
Mr. Matthews —Good.
Chairperson Sigel - ... to accommodate free-standing solar panels.
Mr. Matthews — Good, but if we in our capacity approve any of this, we're setting a
precedent for vast approval.
Chairperson Sigel—Not really, I mean we can't supercede the power of the Town Board,
so if the Town Board for instance, I mean, I don't think they would do this, but say they
did change the ordinance to absolutely disallow the use of photovoltaic cells, then we
couldn't just continue granting variances for them. At least not area variances.
Mr. Matthews —So they would be isolated in their approval.
Chairperson Sigel—Yeah, I'm actually not quite sure how that would work. I don't think
that would happen.
Mr. Niefer—Of course in this situation we're dealing with a situation that's already been
constructed. The applicants made good faith efforts to get permits to build this facility,
they went ahead on the implied express consent of the Town building department that it
was possible and appropriate to build it, and now a determination has been made that this
is a structure that needs special consideration and a variance. I think we're dealing with a
couple of different situations tonight, this is something already built that was built under
the guise of approval and to ask the applicant to take it down, remove it, or something
that would structurally change, it would be a hardship on the applicant. There are other
things that perhaps we have the authority to consider leaving it there but doing something
else. Whether that is something you want to consider or not, that's for further discussion,
but I think this issue is different than the two or three that are going to follow it
somewhat, because it's already been built under the blessing of the Town building
department.
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Mr. Krantz — I agree, I think this has to, should be grandfathered in. It's been approved,
it's been built, and the alternative is really unacceptable.
Mr. Matthews —Where is the blessing of the Town here, excuse me?
Ms. Brock—I can't hear you Dick?
Mr. Matthews —Where is the blessing of the Town?
Ms. Brock—What do you mean by the blessing? Oh, the Town actually issued a building
permit.
Mr. Matthews —For the solar panels?
Ms. Brock—Yes.
Ms. Balestra—For this particular one.
Ms. Brock—And it was built, and it was only after it was built, another application came
in for another array, not on this property, on somebody else's property, and it was only
then that the Code Enforcement Officer realized that a variance was needed and went
back and said, "oh, we had issued you this permit, and now we've realized you should
have gotten a variance," so after the fact, the Town's asked them to come in and apply for
the variance.
Mr. Matthews —It was a"oops". OK.
Ms. Brock—And just to address your earlier...
Mr. Matthews —And it was the government that said"oops".
Ms. Brock — Yes. And to address your earlier statement, there's no blanket de facto
giving up your power if you approve one or all of these tonight. Each of these has to be
considered on a case by case basis, and you look at the criteria for the variance and the
detriment to the surrounding neighborhood and all of those types of things, all of the
factors that are here. It's an area variance, we are looking at those criteria, not use
variance criteria that are more difficult to meet. And just to make sure you understand
why they have to be here for a variance. In the zoning code, accessory buildings are
permitted, but the word building is defined to mean just that, a building, a structure with a
roof that is used for shelter or as an enclosure. And there is no provision in the zoning
code for accessory structures, which is what these are, these aren't buildings, they're
accessory structures, and so that's what the Town Board, the Codes and Ordinances
Committee more specifically is looking at right now, is trying to make provision in the
code for solar panel arrays as accessory structures, but until that happens, they need to
come in for variances for approval to build these. So that's the legal backdrop that all of
this is set up against.
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Mr. Matthews —OK.
Ms. Balestra—It may seem like this happened on purpose but it's actually a coincidence
that we happen to have four solar panel projects on this particular Zoning Board meeting.
Chairperson Sigel—Go ahead, ma'am.
Ms. Emerson - Just to clarify, as Christine explains in her letter, this is not a variance in
terms of technology, this technology is allowed on roofs or attached to houses and would
not even need to come before the board. What's different here is that it was an out
structure that isn't on the list of approved structures. So I just wanted to clarify that. I
appreciate your comment that it's something that the government approves. Not only
that, New York State and the federal government very much approved these. We were
the beneficiaries of good substantial rebates and financial support from both New York
State and the federal government, so there is wide support.
Mr. Matthews — Well, I'm just referring to local government. The federal government
can't come into Ithaca and tell us to build a solar panel...
Ms. Emerson -No.
Mr. Matthews —I want to make sure everybody knows that.
Ms. Emerson - I appreciate that.
Mr. Matthews —I think that's true anyway.
Chairperson Sigel—They can actually.
Mr. Matthews —They can?
Chairperson Sigel—Yes.
Mr. Matthews —If it's their property.
Chairperson Sigel —Any other questions or comments regarding this one? So it's about
600 square feet total, 50 by 12?
Mr. Garrity - Yes.
Chairperson Sigel—And I think somewhere you said it can be as high as 12 feet?
Mr. Garrity - Yes, if you changed the pitch, they'll be...
Chairperson Sigel—How much do you alter the pitch throughout the year?
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Mr. Garrity- you can, if you want about 10% more output annually if you're going to
change it four times per year, the declination. 65 degrees in the winter is the highest
pitch.
Chairperson Sigel —Alright, at this point we'll open the public hearing, if anyone wishes
to speak on this appeal. If not, we'll close the public hearing.
Chairperson Sigel opened and closed the public hearing at 7:32 p.m.
Ms. Balestra—I have two questions.
Chairperson Sigel—Excuse me?
Ms. Balestra—I have two questions for them if you'll let me.
Chairperson Sigel—OK, go ahead.
Ms. Balestra — I just have two questions for you. One of them is because I don't know
this technology that well, is there any reflection off of these panels?
Mr. Garrity - It's not a perfectly flat surface, it's almost a beveled surface... if you look
closely.
Ms. Emerson - Did you see the photographs?
Ms. Balestra—I did. And I saw them in person too.
Mr. Garrity - And that's meant to capture as much light as possible.
Ms. Balestra—OK, is that typical for these systems?
Mr. Garrity - Yes.
Ms. Balestra—OK. The other question was, what was driving your choice to place them
in the location that you placed them as opposed to on the house or attached to any other
building.
Ms. Emerson - We have very very tall trees all around our house, so it would not work
there. We own ten acres, so there was plenty of room to do it there, and they did a lot of
measurements to see exactly it would maximize production, and that was the spot that
was the best, and didn't interfere with other used of the land.
Ms. Balestra—OK.
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Ms. Emerson - My neighbor grazes cows on the rest of the acreage, and it does not
interfere with the cows.
Ms. Balestra—OK.
Ms. Emerson - Does that answer your question?
Ms. Balestra—Yeah, yeah, it does.
Ms. Emerson - Would you add anything, because you chose...
Mr. Garrity - No, that's it.
Ms. Balestra—OK.
Ms. Emerson - Also these panels are rated to last about 50 years, and I don't know any
roofing material that is rated to last that long, so from my point of view, from a financial
planning point of view, it made more sense to put it not on the roof.
Ms. Balestra—OK, that will be a question that I wanted to know from everyone actually,
so I'll ask everyone else.
Mr. Niefer—Did you say 15 or 50
Ms. Emerson - Five, Zero.
Mr. Niefer—5 year?
Mr. Ellsworth—50.
Ms. Emerson - Five, Zero, 50. I'll be dead. They'll still be working.
Mr. Garrity - They come with a 25 year warranty, the panels themselves do. The first cell
was produced by Bell labs 50 years ago, over 50 years ago, is still working.
Chairperson Sigel—What is the efficiency of this type?
Mr. Garrity - A total of [inaudible] efficiency around 17% It's got the energy that's
coming down, convert it to AC.
Ms. Emerson - I swept the snow off them in the winter, so we get as much out of them as
we can.
Mr. Niefer — What, as far as the construction of this, is it constructed to withstand what
gale force winds?
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Mr. Garrity - 120 miles per hour. 120.
Mr. Niefer— 120?
Mr. Garrity - Yeah.
Ms. Emerson - And then hailstones up to...
Mr. Garrity - 3 inches.
Ms. Balestra—Wow.
Mr. Niefer — That's like an air force wing hanging out there. That's a lot of wind. Do
you insure it.
Ms. Emerson - I'm sorry?
Mr. Niefer—Do you insure that? You have quite a large expenditure there...
Ms. Emerson - Yes sir, we added onto our homeowner's insurance.
Mr. Niefer—I just wondered whether it's insurable or not.
Ms. Emerson - Yes, we have a rider on our homeowner's insurance.
Mr. Niefer — I ask the question thinking well if wind damage damaged it and it wasn't
feasible to repair it, you didn't have the money to repair it, would a trashed up solar panel
be left out there in the back yard, like so many of these big dish TV antennas that I've
seen around the countryside. Some people put them in the front yard, and they're still in
front yards, and they're really an eyesore, and then also I've seen solar, or wind power
generators, at least I know of two that are standing with no propellers on it. It's been that
way. So, I raise the question about abandoning something that becomes an eyesore.
Ms. Emerson - We purchased extra insurance on our homeowner's insurance to cover
this, and it's particularly why I'm concerned about this being approved because I feel I'm
no exposed with my homeowner's insurance.
Chairperson Sigel — OK, any other questions, comments? OK, with regard to the appeal
of Roy Luft, I will move to make a negative determination of Environmental Significance
for the reasons stated in the Part 11 Assessment Form prepared by Town staff. Second on
that?
Mr. Matthews —Second?
Chairperson Sigel—All in favor?
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APPROVED MINUTES
ZB RESOLUTION NO. 2006- 023: ENVIRONMENTAL ASSESSMENT : Roy A.
Luft, 1317 Trumansburg Road, Tax Parcel No. 24-3-6.2
MOTION made by Kirk Sigel, seconded by Dick Matthews
RESOLVED that, with regard to the appeal of Roy Luft, this Board makes a
negative determination of environmental significance for the reasons stated in the
Part II Assessment Form prepared by Town staff.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
The MOTION was declared to be carried.
Chairperson Sigel — And I will move to grant the appeal of Roy Luft, requesting a
variance from the requirements of Chapter 270, Article VIII of the Town of Ithaca Code
to be permitted to install a freestanding photovoltaic system at 1317 Trumansburg Road,
Tax Parcel No. 24-3-6.2, Low Density Residential Zone, with the condition that the solar
panel array not be modified or enlarged from its present, already constructed
configuration. And with the findings that the requirements for an area have been
satisfied, specifically that There does not appear to be an undesirable change in the
character of the neighborhood or a detriment to nearby properties, given that the nearest
southern residence is approximately 500 feet away, which is a significant distance; the
nearest property to the northwest is approximately 250 feet away. Can that, people to the
northwest property, could they even see the panels?
Ms. Emerson - I can't see them from my window. I don't know, which is my northwest
neighbor? Jerry the farmer, or...?
Chairperson Sigel—The house towards Trumansburg.
Ms. Emerson - No, I can't see them from my house, we have a barn and a garage and
large trees, so I'm sure she can't.
Mr. Garrity - Which is the same line of sight as the neighbor to the northwest.
Ms. Emerson - I doubt very much. And there's a fence and tree line and all kinds of
things.
Chairperson Sigel —OK, and given the fact that the neighbor to the northwest cannot see
the panels from their property...
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TOWN OF ITHACA ZONING BOARD OF APPEALS
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APPROVED MINUTES
Ms. Emerson - The neighbor to the southwest just is signing in right now. I just noticed
them there in the hallway. Or, anyway, the other side neighbor.
Chairperson Sigel - ... and finding that the benefit to the applicant cannot be achieved by
an alternative allowed use given the fact that the applicant has tall trees surrounding their
house, it would be unreasonable to expect them to cut down those trees to install the
panels on the roof. Finding that The requested variance is not substantial given that the
applicant is meeting setbacks that would otherwise be imposed on the structure, and that
given the distance from the road, there is not a significant impact on the physical
environmental conditions in the neighborhood, and finding that the difficulty was not
self-created, given that the applicant was issued a building permit by the Town in error,
and that the applicant relied upon that building permit to go ahead and build their, the
panels. Second?
Mr. Matthews —Second.
Mr. Krantz—I'd like to make a comment.
Chairperson Sigel—Sure.
Mr. Krantz — I would certainly vote in favor of your what you say here because of the
situation, but frankly having driven by there and looked at it, I think it is, in my eyes, a
blatant eyesore that just sits out in the middle of a field that you can see from everywhere.
Chairperson Sigel—OK.
Mr. Krantz — You know, years ago, maybe 15 years ago we tried doing away with
billboards, and this is the size of a billboard, and due to the situation, yes, I would vote in
favor of letting it stay there, but I don't quite agree with a lot of the comments that you
made.
Chairperson Sigel—OK. All in favor?
ZB RESOLUTION NO. 2006- 024: Roy A. Luft, 1317 Trumansburg Road, Tax
Parcel No. 24-3-6.2
MOTION made by Kirk Sigel, seconded by Dick Matthews.
RESOLVED that this Board grants the appeal of Roy A. Luft, Appellant,
requesting a variance from the requirements of Chapter 270, Article VIII of the
Town of Ithaca Code to be permitted to install a freestanding photovoltaic system
at 1317 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-3-6.2, Low
Density Residential Zone.
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APPROVED MINUTES
FINDINGS: The requirements for an area variance have been satisfied,
specifically:
1. There does not appear to be an undesirable change in the character of the
neighborhood or a detriment to nearby properties, given that the nearest
southern residence is approximately 500 feet away, which is a significant
distance; the nearest property to the northwest is approximately 250 feet
away, and given the fact that the neighbor to the northwest cannot see the
panels from their property, and
2. The benefit to the applicant cannot be achieved by an alternative allowed
use given the fact that the applicant has tall trees surrounding their house,
it would be unreasonable to expect them to cut down those trees to install
the panels on the roof, and
3. The requested variance is not substantial given that the applicant is
meeting setbacks that would otherwise be imposed on the structure, and
4. Given the distance from the road, there is not a significant impact on the
physical environmental conditions in the neighborhood, and
5. The difficulty was not self-created, given that the applicant was issued a
building permit by the Town in error, and that the applicant relied upon that
building permit to go ahead and build the panels.
CONDITIONS: Solar Panel array not be modified or enlarged from its present,
already constructed, configuration.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK, you're all set.
Ms. Emerson - Thank you.
Mr. Garrity - Thank you.
APPEAL of Jon Bosak and Bethany Schroeder, Appellants, Arthur J. Weaver,
Agent, requesting a variance from the requirements of Chapter 270, Article VI of
the Town of Ithaca Code to be permitted to install a freestanding photovoltaic
system (solar panels) at 1448 Trumansburg Road, Town of Ithaca Tax Parcel No.
24-1-19.2, Agricultural Zone. Solar panels are not currently permitted on a
property other than attached to a home or building.
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Chairperson Sigel—Good evening.
Ms. Schroeder- Good evening.
Chairperson Sigel—Please begin with your name and address.
Ms. Schroeder- My name is Bethany Schroeder, I live at 1448 Trumansburg Road.
Mr. Weaver- My name is Art Weaver, I'm the president of Renovus Energy. We are the
installers,prospective installers I should say, of said system.
Chairperson Sigel — And, you have, I stopped by your property today and saw that you
have begun the work, that you have basically three big holes dug, and you have your pipe
out there and it looks like you're ready to pour some concrete.
Mr. Weaver - Yeah, it's as shown in the photographs that we submitted. It has not
changed since the day that Steve Williams informed me that he would not issue the
building permit.
Chairperson Sigel — OK. And in the case of your implication, your panels would appear
to be pretty well screened. I don't think they'll be visible at all from Trumansburg Road.
Ms. Schroeder - They are about 2 and a half acres back from the road. And I went to all
of my neighbors. None of them can see it, and neither do any of them disapprove of this
proj ect.
Chairperson Sigel — Do you have any other comments you want to make before we ask
you questions?
Ms. Schroeder - I would like to just say as a returning resident, I lived in Ithaca 20 years
ago, I returned here from California, and one of the reasons that I did so was because of
New York's reputation for active, alternative energy work, and because I knew of the
NYCERTA program, in addition to which my love for the area and my desire to see a
community effort such as this one, wherein alternative energy is worked on from a
community perspective by those individuals who are able to do so, made me feel as
though this would be a good place to settle in my last, in my final years. The work that
Renovus has done for us up to this point is not only important to us but has been noted by
the alternative energy community in the way of prizes for their work. They are the
second most active installer in the state of New York, and their engineering is superb. In
designing this system, we did everything we could to remove the impact from the area,
and we bought a piece of property that would allow for it to be at a huge remove from
anybody else's vision. The reason we cannot put it on the home is because the home is
too small, it will not support it. And Renovus has engineered it in such a way that it is
safe and highly functional given our piece of property.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
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APPROVED MINUTES
Chairperson Sigel — And your panels are going to be on poles which will allow you to
change the angle and direction to maximize the solar gain?
Ms. Schroeder - Which I see as a benefit to the community, because it reduces the stress
on the grid during periods of high use, it allows us to give back to the community in the
form of surplus energy, and in that way is a community benefit.
Mr. Matthews —The total height of the structure, I calculated is about 17 feet?
Ms. Schroeder- 16.
Mr. Matthews — 16.
Mr. Weaver- Depending on the tilt angle, which varies seasonally.
Mr. Matthews — It seems to me that that a solar panel on the roof is as picturesque as a
solar panel freestanding out in a field. Six of one, half dozen of another as far as I'm
concerned. I'll say upfront, it doesn't seem to be an eyesore to me, although the
comment that Mr. Krantz said is quite valid. In this particular case, it seems like it's
somewhat hidden from view.
Chairperson Sigel—I went back there and it seemed like a nearly ideal location to me.
Mr. Matthews —I, like a lot of other people, have lived with the television antennas that
were as big as half a football field, and it didn't ruin my life to see them. Maybe some
kids enjoyed throwing a basketball at them, but it brings up the point that I'm eventually
drifting to, is what did we do about the TV antennas years ago when people poked them
in their yards. What was done?
Ms. Balestra—Probably nothing.
Ms. Brock— That was before our time I think, but I think that they started sprouting and
the town did regulate them, but then when the technology changed and the smaller dishes
came in, there was no need to regulate them anymore, so whatever was in the code at that
point got pulled, because they weren't, they didn't need to...
Mr. Matthews —But until then, you assume they let them put them up wherever they put
them up. Right? So, the same technology improvements may very well take place, and
this huge solar panel that these folks are putting up will someday be as big as my
thumbnail.
Ms. Schroeder - Yes sir, but it would still be a thumbnail 2 and a half acres away from
the side of the road, so nobody would be able to see it.
Chairperson Sigel —Yeah, there is a limit, there's only so much energy in sunlight, so if
you want energy, you need a certain square footage. The previous applicant said that
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
their panels were 17% efficient, so you know, if you could achieve 100% efficiency, you
could reduce the square footage by a little more than a factor of five, but you still need a
reasonable amount of square footage to capture the energy.
Mr. Matthews —OK.
Mr. Niefer—I think one of the things that we need to consider is does the panel or panels
have any effect on changing the character of the neighborhood. Fortunately the two ones,
the one that we just talked about and this one, they're not such that they generally change
the character of the neighborhood so that they would have an adverse effect on the curb
appeal of homes in that particular area. Fortunately thus far, none have applied to be put
in the front yard. That would be, I think, in my judgment, an absolute disaster to make an
approval to put a solar panel in a front yard in a medium density or low density
residential area. It would definitely change the character of the neighborhood.
[tape is flipped]
Mr. Niefer - ... back on the neighborhood, and from the visibility standpoint, I think it's
probably as ideal a place as you could ask for. So that I personally don't have any reason
that it violates the interests of any code that we have to apply, or the character of the
neighborhood and the feelings of any potential neighbors.
Chairperson Sigel—I agree. Any other comments?
Ms. Brock—I had a question.
Chairperson Sigel—Go ahead.
Ms. Brock — You mentioned that these panels won't be visible from the neighboring
properties —is that because of screening, vegetative screening?
Ms. Schroeder - It's partly because of the way they were positioned initially. In addition
to which, the one neighbor who could see any part of it is above us and to the side, and
we are planting a personal orchard on the perimeter of that, and we also already have
trees around there too.
Ms. Brock—So is this screening on your property?
Ms. Schroeder - Yes. It's screening over which we have complete control and have
already started the work.
Ms. Brock—OK, thank you.
Mr. Ellsworth — The only comment I have is I think if we should condition this so if the
property is sold and the next occupants do not continue using these panels be removed.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
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APPROVED MINUTES
Ms. Balestra—Why is that Harry?
Chairperson Sigel—Why would you suggest that?
Mr. Ellsworth —Well, what we've been talking about, these windmills without propellers
and so on are still there.
Chairperson Sigel — But presumably someone buying the house would still want to use
the solar panels.
Mr. Ellsworth — Well, I imagine they would, but in the case they don't, we don't want
them left out there.
Mr. Niefer — I think it is a valid issue, if it falls into disuse for a period of greater than a
year or something, it should be removed. It's just an eyesore,just like a junk car sitting
out there. Suppose it's wind damage — it's trashed, the people don't opt to repair it or
replace it. It just sits there, and it's there for a period of time. I know that you could
equate this to a building that the same thing could happen to, but if it's visible and so on
and so forth. I know, by reason of the fact that this is so remote and screened perhaps it
doesn't become an issue but on the other hand if that solar panel on the Trumansburg
Road that we just discussed was damaged by wind, people decided not to repair it, it sits
there like a trashed car and it's just an eyesore on the environment. So, I think Harry's
point is a valid point that certainly the Codes and Ordinance Committee should consider
it, and perhaps we should give it some thought too.
Mr. Matthews —Would they then have to consider the previous appellant?
Mr. Niefer—Well...
Chairperson Sigel—No, I don't think we can modify that...
Mr. Niefer — We couldn't modify that because they already gave them a carte blanche
building permit to do it, so...
Mr. Matthews —But we couldn't go back and say the eyesore ordinance is being violated.
Chairperson Sigel—If there was a ... if that became part of the Town Code, then it would
apply. We're not granting a variance from a future Town Code ordinance. We're just
granting, this is a variance simply for the location, so while I agree that that might be a
good idea, it's something that we could leave to the Town Board to decide to enact which
would apply to all of these cases as well, because we're not granting a variance from
some future provision.
Mr. Matthews —So it's already in the books?
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APPROVED MINUTES
Chairperson Sigel — No, it's not, but if the Town Board decides that they want that
regulation they could add that and it would apply to all of these people. So, I'm not
saying it's unreasonable to have that requirement or as a condition of approval but it is
something that we could also leave to the Town Board. Which I think might be the more
reasonable course of action. Any other questions, comments?
Mr. Matthews —No.
Chairperson Sigel — OK, I'll open the public hearing with regard to this appeal. [pause]
If no one wishes to speak, we'll close the public hearing.
Chairperson Sigel opened and closed the public hearing at 7:53 p.m.
Chairperson Sigel — I will move in regard to the appeal of Jon Bosak and Bethany
Schroeder, this Board makes a negative determination of environmental significance for
the reasons stated in the Part 11 Environmental Assessment Form prepared by Town staff.
Second?
Mr. Ellsworth—Second.
Chairperson Sigel—All in favor?
Ms. Brock —Wait, I have a change to the Part 11, section C-2 says "solar panels will be
located in the rear yard" and it says "and will be visible from neighboring properties
located immediately south, east, and west." I think that should be modified to state "solar
panels will be located in the rear yard and are not visible from neighboring properties
located immediately south, east, and west." And then the next phrase says "but are not
expected to create significant aesthetic or neighborhood impacts" and just change that to,
"and are not expected to create significant aesthetic or neighborhood impacts."
Chairperson Sigel—OK. OK, second?
Ms. Brock—You already did that.
Chairperson Sigel—There was changes.
Mr. Ellsworth—Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 025: ENVIRONMENTAL ASSESSMENT : Jon
Bosak and Bethany Schroeder, 1448 Trumansburg Road, Tax Parcel No. 24-
1-19.2
MOTION made by Kirk Sigel, seconded by Harry Ellsworth.
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APRIL 17,2006
APPROVED MINUTES
RESOLVED that, in regard to the appeal of Jon Bosak and Bethany Schroeder,
this Board makes a negative determination of environmental significance for the
reasons stated in the Part II Environmental Assessment Form prepared by Town
staff.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
The MOTION was declared to be carried.
Chairperson Sigel — OK, I will move to grant the appeal of Jon Bosak and Bethany
Schroeder, Appellants, requesting a variance from the requirements of Chapter 270,
Article VI of the Town Code to be permitted to install a freestanding photovoltaic system
at 1448 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-1-19.2, Agricultural Zone,
with the following conditions, that the panels be installed as indicated on the applicant's
proposal. I guess... did you have any other suggestions?
Ms. Brock — Possible the vegetative screening that currently exists on appellant's
property be maintained.
Chairperson Sigel—Be maintained as best as possible.
Mr. Ellsworth—It's part of the screening...
Chairperson Sigel — Yeah, that the vegetative screening be maintained as well as
possible. And with the following findings... did you have any more conditions?
Ms. Brock — No. Well, perhaps to say, I think you said that they, it be constructed as
shown on the plans, and also in the locations indicated.
Chairperson Sigel — And with the following findings that The applicant has stated that
their home is too small for the photovoltaic system that they plan to install, and I assume
would not provide as efficient a system if you were to mount it fixed on your house?
Ms. Schroeder- It couldn't be installed on the house. Period.
Chairperson Sigel—I mean even a smaller system,probably would not be as...
Ms. Schroeder- A smaller system wouldn't meet our needs.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Chairperson Sigel —wouldn't be as efficient in that it couldn't be angled as easily, to the
sun. And with the finding that an undesirable change in the character of the
neighborhood will not happen because the panels are set so far back from the road, there
is effective screening around them, and they are not visible from the neighbors or from
the road, that the applicant cannot achieve their desired effect through any feasible
alternative, given that they cannot install this type of system on the roof. The requested
variance is not substantial, given that it does meet the setback requirements and that it is
well-screened. That while the requested variance is self-created, the setback and the
screening is sufficient to mitigate that, and therefore the benefit to the applicant does, in
this case, outweigh the detriment to the neighborhood or community. Second?
Mr. Matthews —Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 026: Jon Bosak and Bethany Schroeder, 1448
Trumansburg Road, Tax Parcel No. 24-1-19.2
MOTION made by Kirk Sigel, seconded by Dick Matthews.
RESOLVED that this Board grants the appeal of Jon Bosak and Bethany
Schroeder, Appellants, requesting a variance from the requirements of Chapter
270, Article VI of the Town of Ithaca Code to be permitted to install a
freestanding photovoltaic system at 1448 Trumansburg Road, Town of Ithaca
Tax Parcel No. 24-1-19.2, Agricultural Zone
FINDINGS-
1.
INDINGS:1. The applicant has stated that their home is too small for the photovoltaic
system that they plan to install, and
2. An undesirable change in the character of the neighborhood will not
happen because the panels are set so far back from the road, there is
effective screening around them, and they are not visible from the
neighbors or from the road,
3. The applicant cannot achieve their desired effect through any feasible
alternative, given that they cannot install this type of system on the roof,
4. The requested variance is not substantial, given that it does meet the
setback requirements and that it is well-screened,
5. While the requested variance is self-created, the setback and the screening
is sufficient to mitigate that, and therefore
6. The benefit to the applicant does, in this case, outweigh the detriment to
the neighborhood or community.
CONDITIONS:
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
1. The panels be installed as indicated on the applicant's proposal and in the
locations indicated, and
2. The vegetative screening that currently exists on the appellants' property
be maintained as well as possible
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK, thank you. You're all set.
Ms. Schroeder- Thank you.
APPEAL of David Hessler, Appellant, Mike Carpenter, Agent, requesting a
variance from the requirements of Chapter 270, Article VI of the Town of Ithaca
Code to be permitted to install a freestanding photovoltaic system (solar panels) at
179 Calkins Road, Town of Ithaca Tax Parcel No. 33-1-3, Agricultural Zone. Solar
panels are not currently permitted on a property other than attached to a home or
building.
Chairperson Sigel—Good evening.
Mr. Hessler- Good evening.
Chairperson Sigel—Please begin with your names and addresses.
Mr. Hessler- My name is David Hessler, I live at 179 Calkins Road in Ithaca.
Mr. Carpenter - Mike Carpenter, I'm representing Finger Lakes Renewable Energy, the
projected installer for this system.
Chairperson Sigel — And this is at least partially installed now, or is it completely
installed?
Mr. Carpenter - Yeah, if you want maybe I should just do a quick history, that would
probably be good. The Hessler's bought this property a little over a year ago, got a
building permit to build a house last summer, it was actually early last summer, late last
spring. At the time, when I had talked to Andy Frost about it, in the past what's been
required is to have a building permit to put the panels on the house and it wasn't required
to have a building permit to not have the panels on the house, to have them out in the
yard. That kind of follows what most of the towns around have done. Typically the
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TOWN OF ITHACA ZONING BOARD OF APPEALS
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APPROVED MINUTES
towns, Newfield, Dryden, Danby, everyone else has said if you put them outside the
house perimeter, you don't have to have a building permit, and we've put a number of
systems up with that. Originally, the first systems we put up in the Town of Ithaca they
didn't actually want a building permit to put them on the house itself, it was just assumed
that it was kind of a part of the house itself and it wasn't anything different significantly.
When I did the building permit for David back last spring, and I talked to Andy about it,
and I said we're going to put the panels back behind the house, he said, well that's fine,
you don't need a building permit for that part of it then so just get the permit for the
house itself and go ahead and do that which is what we did and we built the house. And
then when Steve came up to do the final certificate of occupancy, or the temporary
certificate inspection, he happened to look behind the house and said, "oh, there're solar
panels back there,"which is the first time he'd noticed them. They'd actually been up for
about 6 months already. We hadn't finalized the wiring on them because the house
wasn't done yet and the wiring system in the house yet so we really couldn't hook them
up. All the wiring was done on the panels, the panels were installed on the racks, the
wiring came from the racks to the house and were sitting in the house waiting to be
hooked up to everything else. At that point, Steve said, of course, you need to come in
and get a zoning variance for the panels and a building permit as well, so we stopped
work on it and came in and did the applications and went from there.
The reason why we wouldn't have put them on the house, it's a bit of an unusual
house, the roof has two slopes. One of them is fairly steep to the north, which wouldn't
give you the access to the sun. The other one is a very shallow slope to the south, but it's
a, the roof is made of what they call structural insulated panels which is a layer of foam,
with a piece of OSB on each side of it. On top of that set of structural insulated panels,
there's going to be a green roof. It has two waterproof layers, two waterproof
membranes, and a drainage membrane. And on top of that is some dirt. So, for one
thing, the roof itself doesn't really hold things very well. If you put screws or bolts or
something into that OSB membrane, it's not really going to have the strength, and we
didn't want to take the chance on [inaudible] from that. The other thing was we didn't
want to make any more penetrations. The green roof structure is really not supposed to
have any penetrations below the level of the soil, because you're taking a chance on
numerous penetrations then with water being able to get into the house from there
through the system. So we really felt that it wasn't structurally, in an engineering way,
sound to put them on the roof itself so we basically put them out behind the house up just
a little bit into backyard.
Mr. Krantz — There are going to be four separate solar panels, each on their own pole, of
varying sizes.
Mr. Carpenter - Yeah. The panels are actually separate. There's actually eight panels on
a rack, the panels are fairly small, less than, about the size of this table here. And they
kind of sit together on the rack, almost like a clothesline structure would be if you saw a
clothesline in the backyard with the things around it. It's kind of like that. And then the
panels sit on that. And there are four of those different rack structures in the back yard
basically. It's about, I would say 40 foot long, the four panels, and then pretty much the
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TOWN OF ITHACA ZONING BOARD OF APPEALS
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APPROVED MINUTES
same size as the other ones we were going to be talking about. They're going to sit about
12 foot off the ground, depending on the angle that they're sitting on.
Chairperson Sigel — And they're not, they don't appear to be visible from any other
neighbor.
Mr. Hessler - No. You'd have to be trespassing on my property to see them. The only
way you can see them is basically inside my house looking out the windows in the back,
because the house is embedded in the hill and they sit in the hill behind the house and my
property is half a mile deep up 250 elevation from the road, and its wooded all the way
around it, so there's no way to see the panels except for the house.
Mr. Matthews —Could I be clarified? I heard that the previous director said it was OK to
build them? Is that what I heard?
Ms. Brock—That's what he said.
Mr. Matthews —Did I hear that...?
Ms. Balestra—That's what he said.
Mr. Matthews —You mentioned Mr. Frost.
Mr. Carpenter - Informally, I asked Andy Frost at the time if we need to do anything
special, and he said are they going to be on the house, I said no. He said no, then you
don't need to include them in the permit, they're just an accessory structure, basically is
what they are and not part of the building permit structure.
Mr. Matthews —OK.
Mr. Carpenter - So he said that they didn't need a permit at that point because they were
accessory structures.
Mr. Matthews —What's changed? Can anybody tell me?
Chairperson Sigel—I think just the interpretation of the code.
Ms. Balestra—There were discussions at the time, internally, some differences of opinion
as to whether that should be required to have a building permit or not or a variance or not,
and then Andy retired.
Mr. Matthews — So in the middle of the discussion, shall we say, use the term in the
middle of the discussion, this gentleman thought he had de facto approval to go ahead
and stick it in the back yard? Am I reading that right?
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Mr. Carpenter - That pretty much is the case. All the towns actually around at that time
were in the same position. Dryden felt the same way, they didn't want to do building
permits. Just recently in the last six months, they've all kind of come to this realization
along with the Town of Ithaca that it's not really covered, let's do something. Right now
Dryden is writing a new ordinance as well as the Town of Ithaca.
Mr. Matthews —OK. Thank you.
Ms. Brock — And Dick I can tell you, when Mr. Luft's, the first variance we heard
tonight, when his situation came up, I was asked for my interpretation of what was
required by the Code, and so I took a look at that and I, and Jonathan Kanter, the director
of planning and some of the building inspectors we all met and discussed this, and the
current interpretation that a variance is currently required until the Code is revised was a
product really of my reading of this in consultation with these other Town staff members.
But that probably happened within the last two months or six weeks, it hasn't been very
long. It was after Andy Frost retired, so it sounds like this conversation with Mr. Frost
happened last spring or last summer.
Mr. Carpenter- It was last summer, last spring.
Ms. Brock—Quite a while ago.
Mr. Matthews — So again there has been a good faith exchange of information. Is that
fair to say?
Chairperson Sigel — Yeah, it seems reasonable to assume that what Mr. Carpenter says
happened, that Andy did indicate at least at the time, his opinion was it didn't need a
variance and it didn't even need a building permit apparently.
Mr. Matthews —But they are in place, now.
Chairperson Sigel—They are in place, yeah.
Mr. Matthews —I appreciate it, thank you.
Chairperson Sigel — So, while not exactly the same as the first case, this is fairly similar
in that the applicant thought they didn't need a building permit.
Mr. Matthews —Besides that, from the photograph, they don't look bad anyway.
Ms. Brock—What are the sizes of each of the arrays?
Mr. Hessler - Each array is roughly 8 by 12 feet. 8 foot wide, 12 feet high. There are
four arrays, each array is on it's own pole. The distance between the arrays is roughly 6
feet.
29
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Ms. Brock—So 8 feet wide by 12 feet long?
Mr. Hessler- 12 feet high. Again, you can change the declination of these.
Ms. Brock—So what's the other dimension?
Mr. Hessler- You have a rectangle, it's flat, right, but it's a rectangle, it's 8 feet wide, it's
12 feet high, 12 feet long. If it was flat, it would be 12 feet long, but straight up it's 12
feet.
Ms. Brock— 12 feet also, that's what I wanted to know. And that's the maximum height
when it's at the 65 degree angle?
Mr. Hessler- Well, it's on a pole, so it's a couple feet off the ground, so it would be more
like 14 or 15 feet, if you put it at 90 degrees to the ground, which you would never do,
you would never put it more than roughly 65, so it would probably get to maybe 13 feet
or something like that, 12 or 13 feet.
Ms. Balestra—You know, the benefit of having all of these folks show up on one night is
that we get an idea of what the standard is.
Mr. Carpenter- Yeah, that's great.
Mr. Krantz — OK, let's review this a little bit here, because we're really getting into
something that I wonder if we should be in. This is a remote setting, nobody's going to
see these solar panels, that's great and that's fine and OK. You've got four big things all
at different angles, all on different posts, and if we're going to approve it here, are we
going to approve it everywhere? And then is Chris going to say yes, this is a negative
determination of environmental...
Ms. Balestra—I won't say that, that's your job to say.
Mr. Krantz - ...assessment when you have all these things all over the Town?
Ms. Brock — The area variance criteria include "is there an undesirable change in
neighborhood character or to nearby properties?" So, the amount...
Mr. Krantz—In this situation, none, because there's nobody that can really see it.
Ms. Brock — Right, so it has to be a case by case determination. This goes back to the
question that Dick asked at the very beginning, are we setting a precedent here, if we
allow one do we have to allow all of them? And as with any variance, it's always a case
by case determination, so you look at the specific facts of this case, you look at the
criteria for granting area variances and you determine whether the benefit to the applicant
outweighs any of the impacts that could be caused.
30
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Mr. Krantz—Well, then I have no problem. This is obviously a remote situation, nobody,
it's not going to be bothering anybody.
Chairperson Sigel—It would appear to be a pretty good location.
Mr. Ellsworth—You're pretty close to the north property line. 75 foot, is that right?
Mr. Hessler- Yes, that's correct.
Mr. Ellsworth — So is there a lot of vegetation there, the people to the north can't see
these?
Mr. Hessler - There's no house within, it's got to be at least 1500 feet in any direction. I
had to put in half a mile of driveway up 270 feet of elevation, there is nothing out there.
Chairperson Sigel — And the bank behind your house continues up some behind the
panels, right?
Mr. Hessler- Yes, it goes up about another 150 feet of elevation to the top of the hill.
Chairperson Sigel—And there are trees there.
Mr. Hessler- Yeah.
Mr. Ellsworth—OK.
Chairperson Sigel—It's very well screened. OK, any other questions or comments? OK,
we'll open the public hearing with regard to this appeal. [pause] If no one wishes to
speak, we'll close the public hearing.
Chairperson Sigel opened and closed the public hearing at 8:15 p.m.
Chairperson Sigel — All right, I will move to make a negative determination of
environmental significance in regard to the appeal of David Hessler, requesting a
variance for a photovoltaic system, for the reasons stated in the Part II Environmental
Assessment Form prepared by Town staff. Second?
Mr. Ellsworth—I'll second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 027: ENVIRONMENTAL ASSESSMENT : David
Hessler, 179 Calkins Road, Tax Parcel No. 33-1-3, Agricultural Zone
MOTION made by Kirk Sigel, seconded by Harry Ellsworth
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
RESOLVED that this Board makes a negative determination of environmental
significance in regard to the appeal of David Hessler, requesting a variance for a
photovoltaic system, for the reasons stated in the Part II Environmental
Assessment Form prepared by Town staff.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
The MOTION was declared to be carried.
Chairperson Sigel—OK, and I will move to grant the appeal of David Hessler, requesting
a variance from the requirements of Chapter 270, Article VI of the Town of Ithaca Code
to be permitted to install a freestanding photovoltaic system at 179 Calkins Road, Town
of Ithaca Tax Parcel No. 33-1-3, Agricultural Zone. With the condition that the panels
not be modified in location or size from their present configuration, which I assume you
are not planning to do.
Mr. Carpenter- No.
Mr. Hessler- We hope not.
Chairperson Sigel — And with the findings that the applicant - because of a unique roof
structure, the roof on the applicant's house is not appropriate for the installation of the
photovoltaic cells on the house, and specifically with the findings that there will be no
undesirable change in the character of the neighborhood because the panels are not
visible from any location except on the applicant's property, the applicant does not have a
feasible alternative to the variance given their unique roof structure on their house, that
the variance is not substantial given that the applicant is meeting otherwise setback
requirements, the applicant has a very large property, and again is set back far from the
road. That while the... and in this case, the difficulty was not self-created given that the
applicant relied upon the advice of a previous Town of Ithaca Code Enforcement Officer
who told them that they did not need a building permit for this installation, and therefore,
in this case, the benefit to the applicant does outweigh the detriment to the neighborhood
and community, and that this variance should be granted. Second?
Mr. Niefer—Second.
Chairperson Sigel—All in favor?
32
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
ZB RESOLUTION NO. 2006- 028: David Hessler, 179 Calkins Road, Tax
Parcel No. 33-1-3, Agricultural Zone
MOTION made by Kirk Sigel, seconded by Jim Niefer.
RESOLVED that this Board grants the appeal of David Hessler, Appellant,
requesting a variance from the requirements of Chapter 270, Article VI of the
Town of Ithaca Code to be permitted to install a freestanding photovoltaic system
at 179 Calkins Road, Town of Ithaca Tax Parcel No. 33-1-3, Agricultural Zone.
FINDINGS-
1.
INDINGS:1. Because of a unique roof structure, the roof on the applicant's house is not
appropriate for the installation of the photovoltaic cells on the house, and
specifically that
2. There will be no undesirable change in the character of the neighborhood
because the panels are not visible from any location except on the
applicant's property,
3. The applicant does not have a feasible alternative to the variance given
their unique roof structure on their house,
4. The variance is not substantial given that the applicant is meeting
otherwise setback requirements, the applicant has a very large property,
and again is set back far from the road, and
5. In this case, the difficulty was not self-created given that the applicant
relied upon the advice of a previous Town of Ithaca Code Enforcement
Officer who told them that they did not need a building permit for this
installation, and therefore
6. The benefit to the applicant does outweigh the detriment to the
neighborhood and community.
CONDITIONS: The panels not be modified in location or size from the present
configuration.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK, thank you, you're all set.
Mr. Carpenter- Thanks for your time.
33
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
APPEAL of Lee Ginenthal and Renate Schmitt, Appellants, Rob Garrity, Agent,
requesting a variance from the requirements of Chapter 270, Article VIII of the
Town of Ithaca Code to be permitted to install a freestanding photovoltaic system
(solar panels) at 190 Seven Mile Drive, Town of Ithaca Tax Parcel No. 31-5-1.4, Low
Density Residential Zone. Solar panels are not currently permitted on a property
other than attached to a home or building.
Chairperson Sigel—Good evening.
Mr. Ginenthal - OK, in terms of...
Chairperson Sigel—Please start with your name and address.
Ms. Schmitt - Renate Schmitt, 190 Seven Mile Drive.
Mr. Ginenthal - Lee Ginenthal, 190 Seven Mile Drive.
Mr. Garrity - Again, Rob Garrity, Performance Systems Contractors.
Ms. Balestra—Let me just add, the board should have a letter in front of them,just so you
know.
Chairperson Sigel—From...the Bells.
Ms. Balestra—From the neighbors to the north.
Mr. Ginenthal - The letter comes as a surprise to me. He and his wife walked the
property with me. I showed him the location last week and they said they thought it
would be OK. So I'm very shocked by this. Let me just go point by point, in terms of it
not being on the roof, the house isn't positioned so there is a slope towards the south, the
peak faces towards the south. We're looking at just two panels. If you take a look at the
photos that are there, we are setting them way below the hillside. Tom Bell, the neighbor
to the north who has concerns has planted a screen of Spruce trees. I'm in the process of
putting in a pitch pine forest, you can see it in the photos there, and I've got 100 more
trees coming this week through the conservation department. Between his spruces and
the pines that I have and the difference in elevation between where his house is and
where the panels will be, and the orientation of his house, he would have to come out and
look down the hill to see the panels. The neighbors, the people who own the property
adjoining on the north site, there's a lot owned by the Steenhuises are in support. The
neighbors directly across the street, the Bettuccis, are in support. And I've been in the
process of planting trees along there to help block or screen the view somewhat. The
Carlson's, who are south and east of us are in support. In fact, they would like to
consider doing this in the next year also. The neighbors directly to the southwest of us, is
a right of way. And we're looking at two panels.
Chairperson Sigel—What size are these panels?
34
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Mr. Garrity - Each panel measures 8 feet in width by 15 and a half feet in depth. Two
poles, each with 9 panels on each pole.
Chairperson Sigel—8 by 15 �/z you said?
Ms. Brock—For each array?
Mr. Garrity - That's right, there are two arrays, each being on it's own pole.
Ms. Brock—And you say there are nine panels on each array?
Mr. Garrity - Nine modules per array.
Ms. Brock—I'm sorry, nine modules. Because the photos show 18 on each pole. No?
Mr. Garrity - A total of... I'm not sure which photo you're looking at. I did give an
example of a pole mounted array. Right, so that would be, in the sense that there are two
poles, each having its own array configuration, there will be nine modules per pole.
Ms. Brock—And do these show 18?
Mr. Garrity - Is that 18? It doesn't look like 18 to me.
Ms. Brock—The module is...?
Mr. Ginenthal - 3 by 6...
Mr. Garrity - OK, right, so there are only nine per pole.
Ms. Brock—That's what I thought.
Mr. Ginenthal - They'll be smaller...
Ms. Balestra—Oh, so they are smaller than this?
Mr. Garrity - Just a different configuration.
Ms. Brock—Maybe you could explain the difference between a module and an array for
the board so they understand that.
Mr. Garrity - OK, so what you're seeing there that's 18 per pole, that's 18 modules,
whereas, on this installation there will be nine per pole.
Chairperson Sigel — OK, but these are, the ones in this example photo you have — the
modules are not necessarily the same size as you'll using.
35
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Mr. Garrity - No,just an example of a pole based solar electric installation.
Ms. Balestra—That's... you had explained to me, that's right.
Mr. Matthews —Could you explain to me where the panels will be placed in this picture?
And I'll pass it around to the panel.
Mr. Garrity - I took those photos from where the panels will be installed.
Mr. Ginenthal - So, you see those pitch pines there?
Mr. Matthews —This is the Bell home right?
Mr. Ginenthal - Right.
Mr. Matthews —And you're home is here?
Mr. Ginenthal -No my home is here.
Ms. Brock — It would be useful if you could... because in the minutes it's going to say,
my home is here, and we won't know what you're pointing to, so maybe you could be
more descriptive as you do it.
Mr. Ginenthal - OK, the house would be south and west of the Bell home.
Mr. Garrity - There's also a map that's provided.
Mr. Ginenthal - I'll show you on this map.
Mr. Matthews —Good. Here's the Bell home, right?
Mr. Ginenthal - Bell home is here...
Mr. Matthews —Right there.
Mr. Ginenthal - My home is here. In fact, I believe there's even a diagram of the layout.
[inaudible side conversations]
Mr. Ginenthal - So if we turn it this way, the Bell home is here.
Mr. Matthews —The Bell home is here.
Mr. Ginenthal - So the Bell home is north and west of my property. Between the arrays
and the Bell home is, what's shown in the photograph is the pitch pine plantation.
36
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Mr. Matthews —What's it down here?
Mr. Ginenthal - That's all here.
Mr. Matthews —Oh, that's there.
Mr. Ginenthal - He has a row of spruces screening as you can see in the photos.
Mr. Matthews —And here is the pine right here? But they're small, they're seedlings?
Mr. Ginenthal - They're about two or three feet tall right now.
Mr. Matthews —And they are going to have to go up to 17 feet?
Mr. Ginenthal - No, because of the slope of the land. They are planted all the way up the
slope. The ones that are higher up already will have more height.
Mr. Matthews —Are they going to block his view?
Mr. Ginenthal -No.
Mr. Matthews —Ever?
Mr. Ginenthal - Ever? I don't think so, no.
Mr. Matthews —The trees?
Mr. Ginenthal - The trees, no.
Mr. Matthews —The solar panel? He says the solar panel will effect his view.
Mr. Ginenthal - If you look at the photograph...
Mr. Matthews —OK, he's looking this way, right?
Mr. Ginenthal - He's up there, and he looks out this way. The panels are down here.
Mr. Matthews —his house is over here?
Mr. Ginenthal - His house is here.
Mr. Matthews —All right, in this picture?
Mr. Ginenthal - His house is up here.
37
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Mr. Matthews —Up here.
Mr. Ginenthal - I'm sorry I can't be more descriptive when answering these questions.
Chairperson Sigel—No, I know it's difficult.
Ms. Balestra—Mr. Gillenthal? In the packets there were pictures that I had taken when I
went on a site visit, and I sort of guessed where the panels would be. Do you have that in
yours as well? Is that even close to accurate?
Mr. Ginenthal - Yes.
Ms. Balestra — OK, so if you look in your packets you'll see the photos taken by staff,
there is an arrow with a little box around it, that says, this is the approximate area of
where the panels will be, and then you can see the Bell's house up the hill from it. And
you can see the line of spruce.
Mr. Matthews —So they will see them, from their home?
Ms. Balestra—This proposal, this is going to be the most visible. We're not denying that,
it's going to be visible to some of the neighbors, it's just the matter of the extent of the
visual impact, and another question is, and I would have had a question here for Mr.
Garrity, given the technology, how much screening can you really put around these
before you compromise the integrity of the system?
Mr. Garrity - To the north, you can put all the screening you want, which is the viewshed
that's in consideration here.
Ms. Balestra — OK, and that's the Bell, the neighboring concern... their main concern is
their own viewshed.
Mr. Matthews —But people driving by can see them clearly.
Ms. Balestra—People driving by on Trumansburg Road can see that one as well.
Chairperson Sigel — definitely the greatest view of the panels is going to be from the
south because they face south, so...
Mr. Garrity - You can see them to a certain degree, it's just you need to watch out for the
angle of the sun, especially in the winter. But, since the road is downhill from the panels,
you can't have... you can certainly screen as Lee has already planted right next to the
road.
Mr. Ginenthal - And I planted trees going up the slope. I didn't want to have a wall of
trees because I think that's just as ugly, so there're trees that are scattered going up the
slope that break up the view.
38
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Ms. Balestra — This particular neighboring concern was more along the lines of, what if
there is a proliferation of solar panels in this neighborhood? And I said, what if there is a
proliferation of solar panels in the neighborhood? And in the more dense residential
areas, their opinion is that it's not an appropriate use or the aesthetics are not appropriate.
But then again, others could argue that structures like sheds and above ground pools and
junked cars and large trampolines are also not aesthetic and appropriate in this area.
Mr. Ginenthal - Our property has over 470 feet of frontage. It could have been
subdivided into three lots, and there could have been three house there. When we bought
the land, Mr. Bell came to talk to us about where we were placing the house. He hadn't
started construction yet. We moved the position of our house to accommodate his
viewshed.
Ms. Balestra—That's generous of you.
Mr. Ginenthal - You know, we're doing the best we can in terms of the screening and all
of the other neighbors are in support, and they are the ones who look at the panels more.
Ms. Balestra—Right, the panels will be much more impacting to the south.
Chairperson Sigel—So from above the hill, where Mr. Bell is, you'll look fairly end on at
the panels, right?
Mr. Ginenthal - He'll look at the back... well, from his house, he would just see the
corner. His house is not oriented in line with the panels. His house is set off at probably
45 degrees from the panels.
Chairperson Sigel —Have you been up to his house to try to gauge exactly what his view
would be?
Mr. Ginenthal - Yeah, and that's why I've been planting pitch pines to help eliminate any
concern he might have. The spruces that he planted will eliminate any problems
probably within five years, and the pines that I'm planting will just add density to that.
Mr. Niefer — This is a matter of interest in some way, it has some bearing on this, but it
might not seem like it has a bearing. Would you describe the greenhouse that you have
there? Is it a rigid greenhouse with glass in it, or is it a plastic?
Mr. Ginenthal - It's a plastic...
Mr. Niefer—plastic covered arch type greenhouse?
Mr. Ginenthal - Yes.
Mr. Niefer—It's a fairly good size isn't it?
39
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Mr. Ginenthal - It's 50 feet long. 48 feet long by 7 foot wide.
Mr. Niefer—So, he sees that from his property quite clearly?
Mr. Ginenthal - Yup.
Mr. Niefer—Also, I notice at the back of your house, or the back corner of your house is
some type of a shed of some sort. What is that, a tool shed?
Mr. Ginenthal - That's where I keep my garden tractor and tools, yeah.
Mr. Niefer—And I noticed it's fairly blue in color, or something...
Ms. Schmitt -Just the roof.
Mr. Ginenthal - It has a blue metal roof.
Mr. Niefer — Some type of dark color. So those are all in the view area of the Bell
property. OK, from my perspective it's a couple of things to consider to weigh against...
here are the panels, here's the greenhouse, plastic covered greenhouse, here's a shed.
You know, those are things you see. So, is one so "worse" than the other? And of
course, they could put up a trampoline... he could build a trampoline there if wanted to.
He could have a swimming pool back there and they wouldn't say anything. Or a jungle
gym, or... so it's sort of difficult to weigh whether what you see is objectionable or not
when you compare panels with a greenhouse with other potential things that they could
put there without any requirement of a building code variance.
Chairperson Sigel—OK, any other comments or questions?
Mr. Ginenthal - I guess I would have a question for you as to what constitutes a structure.
If I put up a pole building with no walls and a roof and mounted the panels on the roof of
that, it appears to me I would not require a variance, right?
Chairperson Sigel—That might be true.
Mr. Ginenthal - so I could create a structure that could be 50 or 60 feet long, 20 feet wide
in that exact same spot.
Chairperson Sigel — Well there are restrictions on the total square footage of accessory
structures.
Ms. Brock—Accessory buildings.
Chairperson Sigel—Accessory buildings...
40
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Ms. Brock—And that would be considered an accessory building actually.
Mr. Ginenthal - And what would be the maximum allowable square footage for an
accessory structure?
Ms. Brock—You're in the low density residential zone?
Mr. Ginenthal - Yeah.
Ms. Brock—I can tell you in just a minute...
Mr. Garrity - Square footage for the array is 248 square feet.
Ms. Brock—Pardon?
Mr. Garrity - The square footage for the solar electric array, both pole-mounted arrays
together, is 248 square feet.
Chairperson Sigel—Is it 600?
Ms. Brock—All accessory buildings in the aggregate cannot exceed a total of 600 square
feet in size, unless the lot is 3 acres or larger.
Mr. Ginenthal - It's a three acre lot.
Ms. Brock—In which event, the aggregate area of the accessory building may not exceed
2000 square feet.
Mr. Ginenthal - So I could put up a fairly large structure with the panels on the roof
without requiring a variance, and this application gives a much smaller impact on the
view, yes?
[The tape is flipped]
Chairperson Sigel—That is true. If it is 3 acres or more, then 2,000 square feet of...
Ms. Brock—Up to 3 accessory buildings other than a garage.
Chairperson Sigel — So you have 3 accessory buildings with a total square footage of
2,000 square feet, which is considerable. So you are right. You could essentially build a
dummy structure and put the panels on top of that.
Mr. Matthews —Which would be more of an obstruction of the view.
Chairperson Sigel — Yeah. I think most people would probably agree would be more of
an obstruction.
41
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Mr. Matthews — Theoretically, you could put a fence down the property line that would
reach up 8 feet, right?
Chairperson Sigel—6 feet at the property.
Mr. Ginenthal — I could go with a stockade fence across the top, 6 feet tall and then he
wouldn't see it at all, right?
Mr. Matthews —I don't know how high your panels are. How high are your panels?
Mr. Ginenthal—From where his house would be a 6-foot stockade fence would block the
view of the panels because it would be below the...way below the fence.
Chairperson Sigel—Yeah. I think that is probably true.
Mr. Matthews —The panels would be way below the fence?
Chairperson Sigel—Yeah. It would be down hill from the fence.
Mr. Matthews —I guess I stepped into this now, didn't intend to but, if you put the fence
up there would it block his view of the solar panels?
Mr. Ginenthal—Of the solar panels? Yes. At best, from sitting in his house, if he looked
out one of the angled windows and craned his neck he could probably see the top couple
feet of the solar panels.
Mr. Ellsworth—So if you put the fence up you wouldn't have to be here, right?
Chairperson Sigel—Well, no. He still needs the variance for the solar panels.
Mr. Matthews —If he satisfies the neighbor with a 6-foot wooden fence...
Mr. Ginenthal—I don't think that Mr. Bell would want a 6-foot wooden fence.
Chairperson Sigel—No. That would eliminate his view of the panels but...
Mr. Matthews —But it would be within ordinance if he built a 6 foot fence, right?
Chairperson Sigel—Right. He could.
Mr. Matthews —He would have an unhappy neighbor.
Chairperson Sigel—Right. Presumably.
Mr. Matthews —The Hatfields and McCoys.
42
TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Chairperson Sigel—Okay. Maybe this is a good time to open the public hearing.
Chairperson Sigel opened the public hearing at 8:37 p.m.
Mr. Carpenter - Mike Carpenter, 192 Van Dorn Road South in Enfield. I guess what I
wanted to say...I'm hearing a lot of things headed toward the idea of regulating solar
panels and maybe we are not going that way. I know I have talked to many building
inspectors in the towns of Tompkins County and some of them feel very supportive,
some of them feel not so great and some of them feel very negative about it. I guess just
one factor that I wanted to interject in it. Solar rays are not just an accessory structure.
They are significant structures in terms of the future of the planet, the future of our lives.
LIPA, the Long Island Power Authority actually is giving an extra $2.00 rebate to people
who put them up because they can't put any new transmission lines out to Long Island.
They don't have generating facility on Long Island and they have points, especially in the
summertime, hot days when they are likely to lose their power grid because they don't
have enough production in electricity. One of the reasons people really like solar panels
is that they are a distributed generation. They put power into the grid right at the point
where they are producing so that all the places around them are basically utilizing that
power, especially on hot summer days because that is when they produce. People
typically aren't home. They are at work. So that power is going into the grid and serving
the air conditioners that are going on in the buildings and the hospitals and everything
else. It is a great thing. It has almost no negative impacts except for visual lines. So I
would hope that just in future deliberations that we could balance off that it does have
more value than just a trampoline or a barn put on the property. I think that it has a real
value in being in place and used to balance off the fact that it might be a visual impact as
well.
Chairperson Sigel—Thank you for the comments and not to sort of pass the buck, but that
is not really this board's job. We just hear zoning appeals, but the Town Board is
actively looking at that and I think wants to change the Code to accommodate solar
panels to a greater extent. Thank you for your comments.
Mr. Matthews —In defense of perhaps Mr. Niefer's argument about the...
Mr. Ellsworth—The public hearing is still open.
Mr. Matthews —Oh, sorry.
Mrs. Steenhuis - Aafke Steenhuis, 224 Bostwick Road. We are neighbors of Lee and
Renate. We have been so happy that they became our neighbors. Lee has been working
to beautify his land with planting all these exotic trees and regular trees. He knows
everything there is about roses and he started telling us that he was going to put these
panels up and I am just ecstatic. I think he is leading the way just as all the other folks
have in doing something and giving something back and having less pollution here. So I
am all for it and our property borders their property.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
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APPROVED MINUTES
Chairperson Sigel—Thank you.
Mr. Steenhuis - Tamme Steenhuis, 224 Bostwick Road. I am the husband of Aafke. We
actually own all the property south off of Lee and Renate. So our value of the building
lots will certainly be impacted, but I am so glad that they are doing that. The
neighborhood is clearly improved by their plants, by their view and I think actually we all
should be glad that they are there because it is much nicer now than it was before.
Chairperson Sigel—Thank you.
Mr. Ginenthal — In fact they own 3 lots that are around our property. One directly
adjoining and then 2 lots across the road from us.
Chairperson Sigel—Anyone else wish to speak. If not we will close the public hearing.
Chairperson Sigel closed the public hearing at 8:42 p.m.
Chairperson Sigel - Any further questions or comments?
Mr. Niefer — I think it should be noted that all 4 of the applications that were presented
tonight involved parcels of land with houses on it, but the parcels of land are quite
substantial. These are not small lots. As a consequence, at first blush it would seem that
a large lot would be a better spot for solar panels rather than some of the smaller lots we
have in the Town of Ithaca and by reason of lot size I think that has some baring on the
acceptability of these solar panels. I just make that comment for the record and we very
well may be having solar panel applications for variance on some small lots in the future.
So our perspective in the absence of the Town Board and the zoning or the Codes and
Ordinance Committee changing the law, we may have to deal with smaller lots and solar
panel situation. These tend to be more acceptable than in smaller lot situations.
Chairperson Sigel — Hopefully something will get changed soon so we don't see too
many of these cases.
Mr. Krantz — Still the advantages of solar paneling shouldn't be denied someone just
because their lot is a little smaller. So it is a question of balance I guess.
Chairperson Sigel—Yeah.
Mr. Niefer — And the location of the panel. I don't want to see...I don't think people
would want to see panels in the front yard. I think that would be a significant change in
the character of a neighborhood if there were panels in the front yards. I think if you put
them in the back yard that is one thing, but a front yard is something else that should be
considered.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
Chairperson Sigel — That's a decision hopefully best left to the Town Board. Okay. In
regard to the appeal of Lee Ginenthal, I move to make a negative determination of
environmental significance for the reasons stated in Part II of the environmental
assessment form prepared by Town staff. Second?
Mr. Ellsworth—I'll second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 029: ENVIRONMENTAL ASSESSMENT : Lee
Ginenthal and Renate Schmitt, 190 Seven Mile Drive, Tax Parcel No. 31-5-
1.4
MOTION made by Kirk Sigel, seconded by Harry Ellsworth.
RESOLVED that, in regard to the appeal of Lee Ginenthal, this Board makes a
negative determination of environmental significance for the reasons stated in the
Part II Environmental Assessment Form prepared by Town staff.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
The MOTION was declared to be carried.
Chairperson Sigel—I will move to grant the appeal of Lee Ginenthal and Renate Schmitt,
requesting a variance from the requirements of Chapter 270, Article VIII of the Town of
Ithaca Code to be permitted to install a freestanding photovoltaic system at 190 Seven
Mile Drive, Tax Parcel No. 31.-5-1.4, Low Density Residential Zone with the following
conditions: That the panels be installed at the approximate location indicated on the
applicant's submitted plans. That the panels, that there be no more than 2 arrays of
panels on 2 separate poles and that the panels be no larger than 8x15.5 feet. And with the
following findings: That the requirements for an area variance have been satisfied
specifically with a finding that the applicant does not have any...applicant's roof is not
suited to a roof mount of solar panels because it does not have a portion of the roof facing
south. That the applicant has planted Pitch Pines behind the panels to provide for
vegetative screening, has planted trees in front of the panels along the road to also
provide vegetative screening. Finding that an undesirable change will not be produced in
the character of the neighborhood given that the lot is a large lot of 3 acres or more and
that the nearest residence is well uphill of the panels and will have very limited view of
the panels, with that view decreasing as the vegetative screening grows. That finding that
the applicant does not have a feasible alternative to mounting the panels on poles given
that their roof does not face south. Finding that the requested variance is not substantial
given that setbacks are being observed and that the property is over 3 acres and that while
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
the alleged difficulty is self-created that the benefit of the applicant does in this case
outweigh the detriment to the neighborhood and community. Second?
Mr. Niefer—Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 030: Lee Ginenthal and Renate Schmitt, 190
Seven Mile Drive, Tax Parcel No. 31-5-1.4
MOTION made by Kirk Sigel, seconded by Jim Niefer.
RESOLVED that this Board grants the appeal of Lee Ginenthal and Renate
Schmitt, Appellants, requesting a variance from the requirements of Chapter 270,
Article VIII of the Town of Ithaca Code to be permitted to install a freestanding
photovoltaic system at 190 Seven Mile Drive, Town of Ithaca Tax Parcel No. 31-
5-1.4, Low Density Residential Zone.
FINDINGS: The requirements for an area variance have been satisfied,
specifically:
1. The applicant's roof is not suited to roof mount solar panels because he
does not have a portion of the roof facing south,
2. The applicant has planted pitch pines behind the panels to provide for
vegetative screening, has planted trees in front of the panels along the
road to also provide vegetative screening,
3. An undesirable change will not be produced in the character of the
neighborhood, given that the lot is a large lot of three acres or more, and
the nearest residence is well uphill of the panels and will have a very
limited view of the panels with that view decreasing as the vegetative
screening grows,
4. The applicant does not have a feasible alternative to mounting the panels
on poles, given that their roof does not face south,
5. The requested variance is not substantial given that setbacks are being
observed and that the property is over three acres, and
6. While the alleged difficulty is self-created, the benefit to the applicant does,
in this case, outweigh the detriment to the neighborhood and community.
CONDITIONS:
1. The panels be installed at the approximate location indicated on the
applicant's submitted plans, and
2. There be no more than two arrays of panels on two separate poles and that
the panels be no larger than 8 by 15 '/2 feet.
The vote on the MOTION resulted as follows:
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 17,2006
APPROVED MINUTES
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—Any other official business to discuss. We shall be adjourned at 8:50
p.m.
Kirk Sigel, Chairperson
John Coakley, Deputy Town Clerk
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