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HomeMy WebLinkAboutZBA Minutes 2005-06-20 TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, JUNE 20, 2005 7:00 P.M. PRESENT: Harry Ellsworth, Vice Chairperson; Jim Niefer, Board Member; Dick Matthews, Board Member; Ronald Krantz, Board Member(7:06 p.m.); Kristie Rice, Assistant Director of Building/Zoning; John Barney, Attorney for the Town; Christine Balestra, Planner. ABSENT: Kirk Sigel, Chairperson OTHERS PRESENT: Joseph Bennett, Baker Institute, Cornell University; Larry Fabbroni, 127 Warren Rd; Bill Goodhew, 674 Coddington Rd; Anne Morrissette, 920 Coddington Rd; Merry Jo Bauer, 921 Coddington Rd; Doug Antczak, Baker Institute, Cornell University; Eva Hoffmann, 4 Sugarbush Lane. Vice Chairperson Ellsworth opens the meeting at 7:05 p.m. APPEAL of Coddington Road Community Center,Appellant,Anne Morrissette, Agent, requesting a variance from the requirements of Chapter 225 of the Town of Ithaca Code, to be permitted to construct a pavilion without the installation of a required sprinkler system at 920 Coddington Road, Town of Ithaca Tax Parcel No. 47-1-11.3, Low Density Residential Zone. Vice Chairperson Ellsworth—Would you explain briefly your appeal? Ms. Morrissette- I'm Anne Morrissette, director of the Coddington Road Community Center. We've built a new outdoor open-air pavilion for the mainly, to serve the ball field and the summer camp programs. The cost of the sprinkler system would be prohibitive and the benefits, we believe, negligible. At this time there is no water even close to the pavilion, so it would be considerable expense to get water up there and get a sprinkler system installed. Vice Chairperson Ellsworth—Do you want to explain further that it's open? Ms. Morrissette- Oh, the construction, let's see if the architects described it more. It's a 24 by 50 foot pavilion,just post and beam, so it's just basically a roof over the concrete floor. One section that is 8 by 20 is enclosed for storage, it's not enclosed for use as a room or anything,just to store materials, mainly during the winter when camp is not in operation. So there is no use of fire around the pavilion, you know, that sort of thing is done well away from... any camp fires or that sort of thing will be done away from the pavilion. There will be a fire extinguisher installed at the pavilion site, and so we're just basing it on our history with the other pavilion, which is this one is virtually a twin of, that also doesn't have a sprinkler system, and feel that it would be safe. TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Vice Chairperson Ellsworth—That's on the same property? Ms. Morrissette- Yeah, they're about 100 feet apart, 150 feet apart. Mr. Matthews —Has this been run by the fire department at all? Has the fire department looked at this at all? Ms. Morrissette-Not that I know of. Ms. Rice- I don't believe so. Mr. Matthews —Pardon? Ms. Rice- I don't believe so. It's a pretty negligible building. Most of it's open air, there's just one small section that's enclosed. If it weren't for that enclosure, it wouldn't be required at all. Mr. Matthews —Could someone educate me a little bit... I need a lot of... what is the purpose of the... this may sound like a dumb question, but I ask dumb questions, what is the purpose of a sprinkling system, it is to protect life,protect the civilian population, protect the firemen or protect property? Mr. Barney—All of the above. Mr. Matthews —All of the above? Mr. Barney—But principally, the requirement where you have group assembly areas, we require sprinkling, and this qualifies as that. When we drafted the sprinkler ordinance, I don't think we were thinking of a group assembly area that was open on three walls, and so I think there is reasonable grounds for granting a variance, and the sprinkler ordinance specifically says that a variance may be granted when there are practical difficulties or an unnecessary hardship in their requirement of providing sprinklers. As long as you make a determination that it's not going to result in significant detriment to human life, and here you have a building that's open on three sides, and a fire breaks out, the exits are pretty prevalent,pretty large, and people can walk out. Mr. Matthews —So that are the exceptions that are written in the ordinance there? Mr. Barney—Not written in that form, but it's written that"the omission of an approved sprinkler system from all or part of the building will not significantly jeopardize human life". In this building, you're not going to be sleeping, obviously, overnight accommodations. When we did it, the main focus was area where people would be sleeping or be in large groups and not be able to get out because of limited exits, and all kinds of... 2 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Matthews —So even if this daycare center overnight affair, sleeping affair, and they slept in there, that would be permissible? Mr. Barney—I think if it were going to be used for that, it might be a little different story, and that might be condition you might want to impose on granting it, there would not be camping out as such. I don't think you plan to use it for that purpose do you? Overnight camping? Ms. Morrissette- There was discussion of maybe the older kids having an overnight event, it wasn't really discussed where they were going to do that. Mr. Barney—It wouldn't have to be in this pavilion, would it? Ms. Morrissette-No, it wouldn't have to be. Mr. Barney—Anne, again, that's the purpose of the ordinance, to deviate from the requirements of the ordinance, I think they would want some assurance that they're not creating a situation where there might be loss of life, and sleeping is, the other things you can do is an alternate requirement such as smoke detectors and that sort of stuff, but I'm not sure a smoke detector isn't going to be that helpful in an open air sort of pavilion. Ms. Morrissette- I would be a little concerned about... Ms. Rice-Part of it is not open air. Mr. Barney—Part of it's not open air? Ms. Rice-Par of it's not open air, that's why they're here. Ms. Morrissette- There's a storage... it's open on 1, 2, 3 and 2/3 sides. Mr. Barney—Right, the area that's enclosed is not really for human occupancy, though, it's basically where you store things. The places where people are going to be are in the open air. Mr. Matthews —Thank you John. Vice Chairperson Ellsworth—Any other questions from the board? [pause]. All right, I would like to open the meeting for any public comment, at this point. Vice Chairperson Ellsworth opens the public hearing at 7:13 p.m. Vice Chairperson Ellsworth—It appears no one has comments, so we will close the public comment part of the meeting. Any comments, Chris, on the environmental, short environmental assessment? 3 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Vice Chairperson Ellsworth closes the public hearing at 7:14 p.m. Ms. Balestra—Nope,planning staff has no environmental concerns for the variance proposal. Vice Chairperson Ellsworth—Can I get a motion on the environmental assessment? Mr. Matthews —Yes, do you want a motion? Mr. Krantz—Do we need one? Vice Chairperson Ellsworth—Do we need a motion on the environmental? Mr. Barney—Normally do it by motion, yeah. Mr. Matthews —Don't ask me to make it, I'm not the author of one of those things. Mr. Barney—Somebody could move that the board make negative determination of environmental significance in connection with the application for the variance from the sprinkler ordinance as it pertains to this structure at the Coddington Road Community Center... Vice Chairperson Ellsworth—As reviewed by ... Mr. Barney—For the reasons specified in the review of the Short Environmental Assessment Form by the Planner Chris Balestra. Vice Chairperson Ellsworth—Right, and we don't have a date. Mr. Barney—It will be dated today when you sign it. Ms. Balestra—Right, you sign and date today. Mr. Krantz—So moved. Vice Chairperson Ellsworth—All those in favor? Mr. Barney—Can you get a second to your motion? Mr. Niefer—Second. Mr. Barney—Now, vote again,please. Vice Chairperson Ellsworth—OK, all those in favor? 4 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES ZB RESOLUTION NO. 2005- 029 : ENVIRONMENTAL ASSESSMENT : Coddington Road Community Center, Appellant, Anne Morrissette, Agent, 920 Coddington Road, Town of Ithaca Tax Parcel No. 47-1-11.3, Low Density Residential Zone. MOTION made by Ronald Krantz, seconded by Jim Niefer. RESOLVED that this Board makes a negative determination of environmental significance in the appeal of Coddington Road Community Center, Appellant, Anne Morrissette, Agent, requesting a variance from the requirements of Chapter 225 of the Town of Ithaca Code, to be permitted to construct a pavilion without the installation of a required sprinkler system at 920 Coddington Road, for the reasons specified in the review of the Short Environmental Assessment Form prepared by Planner Chris Balestra. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: None The MOTION was declared to be carried. Vice Chairperson Ellsworth—Any further questions from the board? Can I have a motion on the appeal. Mr. Matthews —I make a motion that we approve the request of the Coddington Road Community Center to build this pavilion without sprinkler systems. Vice Chairperson Ellsworth—Located at... Mr. Barney—May I suggest some additional language, with the findings that the proposed structure is going to be open on literally almost all 4 side, but certainly on 3 and 2/3 sides and that as a result, anybody in the structure can immediately vacate the structure directly to the exterior. The area that is enclosed is not for human occupancy, and therefore there is no particular jeopardy to human life by deviating from the requirements of the ordinance, and that a variance be conditional on the requirement there be no overnight sleeping in the pavilion as constructed. Mr. Krantz—And that a fire extinguisher be kept on the premises. Vice Chairperson Ellsworth—OK, can I get a second on the motion? Mr. Krantz—Second. 5 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Vice Chairperson Ellsworth—All those in favor? ZB RESOLUTION NO. 2005- 030: Coddington Road Community Center, Appellant, Anne Morrissette, Agent, 920 Coddington Road, Town of Ithaca Tax Parcel No. 47-1-11.3, Low Density Residential Zone. MOTION made by Dick Matthews, seconded by Ronald Krantz. RESOLVED that this Board grants the appeal Coddington Road Community Center, Appellant, Anne Morrissette, Agent, requesting a variance from the requirements of Chapter 225 of the Town of Ithaca Code, to be permitted to construct a pavilion without the installation of a required sprinkler system at 920 Coddington Road, Town of Ithaca Tax Parcel No. 47-1-11.3, Low Density Residential Zone. FINDINGS- 1. INDINGS:1. The proposed structure is going to be open on 3 2/3 sides, and that, as a result, anyone in the structure can immediately vacate the structure directly to the exterior. 2. The area that is enclosed is not for human occupancy, and therefore, there is no particular jeopardy to human life by deviating from the requirements of the ordinance. CONDITIONS: 1. There shall be no overnight sleeping in the pavilion as constructed. 2. A fire extinguisher shall be kept on the premises. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried. APPEAL of Rocco Lucente,Appellant, requesting a variance from the requirements of Section 270-71 of the Town of Ithaca Code to allow an existing residence to maintain a 10 foot north side yard setback(15 feet required) at 125 Snyder Hill Road, Town of Ithaca Tax Parcel No. 57-1-7.5, Medium Density Residential Zone. Mr. Fabbroni - My name is Larry Fabbroni, 127 Warren Road, I'm representing Rocco tonight. Rocco owned this property since 1970 and when he went to sell it, he has sold the property, and we did the survey, we found that one side yard was 10+ feet rather than the required 15. So that's the long and short of the dilemma. Things you might be interested in is how it fits in with the character of the neighborhood is that the two 6 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES properties above this one have the same problem. Apparently, when they built these homes, they were all angled so the driveways were level coming in from Snyder Hill, which you know goes up about 8 or 9% grade, and somewhere in the process of locating those homes on that angle, somebody must have forgot about the far corner of these three houses in a row. So, we're talking about only one, the lower one, so it's not a good situation, but as far as the impact on the immediate neighbor, the properties are all parallel roughly, the homes, so the distance between the buildings is about the same as if they were all square to each other. Beyond that I don't know how to minimize the variance any more than what it is and somebody created this hardship in time, no doubt about it. But, it's been that way for 30 years, and that doesn't make everything right, but, as I say, we discovered it when we did the survey for the land transfer. Vice Chairperson Ellsworth—Any questions from the board? Mr. Barney—Who built the house, I'm sorry, Larry? Mr. Fabbroni - I'm not sure whether Mr. Chase or Rocco built the house. Mr. Chase went bankrupt and Rocco bought a number of properties from him, and I'm just not clear, without Rocco here, if he built the property or if he bought it. He bought a number of properties at that time—one was up on Winthrop drive, which I know Mr. Chase built, but I'm just not clear on this one. Mr. Krantz —Seems very reasonable. Mr. Barney—A little early yet, you need the public hearing first. Vice Chairperson Ellsworth—Any further questions? We'll open the public hearing for anyone who wishes to comment on this appeal. We'll close the public hearing. Vice Chairperson Ellsworth opens the public hearing at 7:20 p.m. and closes the public hearing at 7:21 p.m. Mr. Barney—A couple more questions if I could... Larry, looking at the survey of this piece, it shows a gravel driveway going across what is shown on this map as being the Baldwin property, actually it's Town of Ithaca property now, the Town acquired this from the Baldwin Trust, I think it is. Is there any reason why that driveway couldn't be relocated to be entirely on the 125 property? Mr. Fabbroni - Well, as I said on the other properties, all those properties have the same encroachment on the lower property, and it's for the purpose of having a fairly level driveway. If you were to move it, and it could be moved, John, to answer your question, but it would make the driveway a pretty steep driveway going up to Snyder Hill. Mr. Barney—It looks like it's about, roughly eyeballing here, half on and half off. 7 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Fabbroni - That pin is right in the middle of the driveway,pretty much. Miller's pin that marks that right of way. And it's really... if the Town uses it as access to their walkway, the driveway actually, the first part of the driveway would actually help that situation out, I mean, there is a utility pole that is on the lower end of that right of way. And the driveway comes in above it. And if you look at how the garage door, or sort of house is angled, the garage comes in right in that end of the building. And it's not that it makes it right, but the other two properties up above it are the same situation, and they have like the driveway to the next property up above encroaches on the corner of this one. Mr. Barney—The one next above appears to have an easement for that purpose. Mr. Fabbroni - That's correct, yeah. They all do, as much...If it's uhhh, I didn't know, I didn't pick up that transfer, but I didn't even know that the Town was even going to access through that right of way. Mr. Barney—Well, it's not only the Town, it's also that Mr. Baldwin has reserved the right to go across this to access his property behind the trail as well, and actually there are three outlets onto... Mr. Fabbroni - Actually I think your trail starts down below, right, farther down Snyder Hill? Mr. Barney—Well, the trail runs parallel to the Snyder Hill Road for quite a distance. Mr. Fabbroni - I'm saying where it comes out the Snyder Hill is a couple of properties down below here. So, I don't know, if you put a restriction that you want, I guess they could live with a restriction that it could be moved if it was the pleasure of the Town or Mr. Baldwin to move it, and then it would have to be moved. Mr. Barney- It's probably law anyway is the fact of the matter. How long has this driveway been there? Mr. Fabbroni - Thirty years. Mr. Barney—Thirty years? Well, if we put such a restriction in, would that be a problem, simply to say that if it is required to be moved it would be moved. Mr. Fabbroni - I don't think so. Mr. Barney—I would suggest if you are of a mind to grant the variance, with the consent of the petitioner, condition it upon the removal of the drive onto the property itself if it becomes necessary at the request of the Town or Mr. Baldwin. Mr. Matthews —I couldn't have picked out what you said, John, I'm sorry. 8 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Barney—I'm sorry, what I'm suggesting is that if you are choosing to grant the variance, that you consider a condition that be included in the variance that the gravel driveway be relocated entirely on the 125 property at the request of the Town, should the Town ever decides they need it. Mr. Matthews —You're going to require the applicant to move the driveway? Mr. Barney—If ever requested, not necessarily right away, or maybe never depending on what the situation is, but if needed, I'd like to have it on record, that this applicant has agreed in effect, to make that move if it should ever become necessary from the Town's viewpoint to do it. Mr. Matthews —To move the driveway? Mr. Barney—Yeah. Mr. Matthews —To the pin? Mr. Barney—Yeah, to get it so it's entirely on 125. Mr. Matthews —I'm not clear on where this ten feet is the applicant is seeking the variance? Mr. Barney—That's on the other side. Mr. Matthews —That's on the other side? Mr. Barney—Yup, where it's 10.6 feet and it's supposed to be 15. Mr. Matthews —I'm not following your logic, I'm sorry, why are you worried about the driveway, he's not even talking about that. Mr. Barney—I'm worried about the driveway because it's a non-conforming and probably illegal placement of the driveway in the absence of an easement, which, when we did the title search on Baldwin, because we represented the Town when we acquired this piece, I don't recall ever getting or seeing any kind of an easement for the existence of that driveway, in fact, I was unaware that the driveway was this way until I saw this application. Mr. Niefer—Why don't they have adverse possession, ingress and egress rights, after thirty years traveling over it? Mr. Barney—That's particularly the reason I'd like to get the agreement in the resolution tonight so that we don't have an issue over adverse possession or not. You can't adverse possession against the Town or a municipality anyway, but I'd just like to get it in place. 9 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Matthews —So to get the easement, don't you need the other property owner to agree with that? Mr. Barney—We own it. We own that strip of land, the Town owns that strip of land that is adjacent on the Northwest. Mr. Matthews —So on the farfetched chance that the Town may say you have to... why would the Town do that? Mr. Barney—I don't have a big enough expansive crystal ball to know why the Town might want to have it. I do know that the Town owns it, we're putting a trail in in the back, we may need it for Construction traffic, we may not, we may never need it. Mr. Baldwin has reserved the right to go through there for the purposes if he wants to build houses further back and across our trail. So, who knows? It may never come to pass, it may very well turn out that if it did come to pass that we would be perfectly happy for the driveway to be there because we may be building a road that the driveway would access to and we'd prefer to have the access go into our piece and then have the single road cut onto Snyder Hill Road. So, nothing is cast in concrete, except I just don't like to have this kind of hanging here with kind of an implicit right to have it there. Mr. Matthews —Thank you. Mr. Barney—And since he's asking a favor from us, I'm asking a favor back. Mr. Fabbroni - I'm sure there was no malice back then because Mr. Marion sold the land originally and he owned the right of way at the time, so anyway, I just thought I'd give you a little history there. Vice Chairperson Ellsworth—We've closed the public hearing, come on up. Ms. Hoffmann - I'm sorry, I should have maybe come up before, but I wanted to clarify something which you were just speaking about now. Vice Chairperson Ellsworth—Would you give your name and address? Ms. Hoffmann - I'm Eva Hoffmann, I live at 4 Sugarbush Lane which starts just across from this, from Snyder Hill Road from this property, and for your interest, I used to be a member of this board a long time ago. And the one thing that I wanted to clarify is that this piece of driveway that John Barney has been talking about, is just a small piece of the whole driveway. This property has a regular driveway already, within the boundaries of the property itself, where the house is, and that one has probably been there for 30 years, but this piece where some fill has been put in to create a couple of parking spaces right next to Snyder Hill Road on the property that used to be the Baldwin's and is now the Town's, that fill was put in just a few years ago. I live there, I go by everyday, so I have observed this. So, it's not as if they are losing their driveway, they are losing just the part of what they use for parking which really doesn't belong to them in my way of looking at 10 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES it. I don't know if that helps, that clarification. And it's true that the driveway is somewhat steep from the house, but so are many driveways in the Town of Ithaca because a lot of properties are built on hills. Some of the driveways are steep going up, some are steep going in, and the other comment I had actually, is that you may have a map that shows this better, but the two properties that are uphill from this house on Snyder Hill Road look to me to the naked eye as if they are set back further, they don't come as close to Snyder Hill Road as this one. Thank you. Mr. Matthews —Excuse me, Mrs. Hoffmann, are you suggesting that if we approve this, we are opening Pandora's box? Ms. Hoffmann - No, I think by allowing the property that the Town owns to revert back to Town use instead of being used as a private driveway, you're doing the right thing. Mr. Matthews —OK, thank you, Ma'am. DH** - Thank you. Vice Chairperson Ellsworth—Any further comments from the board? Can I get a motion...? Mr. Barney—No SEQR. Ms. Balestra—No SEQR. Vice Chairperson Ellsworth—Can I get a motion on the appeal from the board? Mr. Matthews —I would make a motion again, but I can't do it with such legal finesse as Mr. Barney. Vice Chairperson Ellsworth—Well, John's here. Mr. Matthews —If you want somebody to make a motion, I'll make a motion which will be simple in context. Mr. Barney—Lawyers don't like simple things. Mr. Matthews —It certainly won't be full of the flourish that John can do. I make a motion that we accept the appeal and approve it, of Mr. Lucente, without restrictions, except for the item that, should the Town seek a re-figuration of the driveway, that that be part of the motion that I make, that the owner and subsequent owners accept that condition. Mr. Barney—Agree to basically move the driveway so that it is fully on the 125 Snyder Hill Road property. 11 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Matthews —Without time limit. Vice Chairperson Ellsworth—Good, can I get a second on the motion? Mr. Krantz—I'll second. Vice Chairperson Ellsworth—All those in favor? ZB RESOLUTION NO. 2005- 031: Rocco Lucente, Appellant, 125 Snyder Hill Road, Town of Ithaca Tax Parcel No. 57-1-7.5, Medium Density Residential Zone. MOTION made by Dick Matthews, seconded by Ronald Krantz. RESOLVED that this Board grants the appeal Rocco Lucente, Appellant, requesting a variance from the requirements of Section 270-71 of the Town of Ithaca Code to allow an existing residence to maintain a 10 foot north side yard setback (15 feet required) at 125 Snyder Hill Road, Town of Ithaca Tax Parcel No. 57-1-7.5, Medium Density Residential Zone. FINDINGS: None CONDITIONS: Should the Town of Ithaca seek a re-configuration of the driveway, that the owner and subsequent owners agree to move the driveway so it is fully on the 125 Snyder Hill Rd property without time limit. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried. APPEAL of Cornell University,Appellant, Joseph Bennett,Agent, requesting a variance from the requirements of Section 270-59 of the Town of Ithaca Code, to allow a pavilion to be constructed in excess of a 15 foot height limitation,located adjacent to the McConville Barn on 770 Dryden Road, Town of Ithaca Tax Parcel No. 65-1-5.2, Low Density Residential Zone. A variance from Section 270-60 may also be requested, as the pavilion is not in the rear yard. 12 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Vice Chairperson Ellsworth—Could you go over your appeal briefly, and give your name and address first. Mr. Bennett- My name is Joseph Bennett, I'm the facilities manager at Baker Institute, Cornell University. I've brought along with me tonight, Dr. Douglas Antczak, the director of the institute as well. Our variance request is basically the construction of a pavilion on the McConville barn site, the drawing that you have before you will show an 8/12 pitch roof, 10 foot sidewall. We're doing that in hopes to keep the pavilion in scale with the McConville barn, and to give the prominence and presence of that style of construction and match the barn. Are there some adjacent structures that are in the neighborhood of this height also? This project shown here. Mr. Bennett- That's a simulation towards the road of the proposed pavilion, and then as you're looking at it, to the left is the McConville barn, the large structure. Vice Chairperson Ellsworth—That barn is, the McConville barn is over 15 foot high? Mr. Bennett- definitely, it's close to 40. Vice Chairperson Ellsworth—OK, and your new pavilion here is, you need a 19 foot height? Ms. Rice- Do you know what your total height is going to be, including the little decorative...? Mr. Bennett- cupola? Ms. Rice- Yeah. Mr. Bennett- It's not included in the drawing, but to figure it by scale, I would say we're adding another 2 foot. Mr. Barney—That might be a little light. If I'm scaling it right, I think it might be a little more than that. Mr. Bennett- You could be right. Mr. Barney—Just looking at it, it looks like it's almost more than a tenth of the other,just looking at it though, it's about 3 to 4 feet. Mr. Bennett- What we're really trying to establish, and Dr. Antczak could speak to that better than me, is that the McConville barn is a recognized historical building in the Town of Ithaca, and the use of this pavilion would be for some small lectures. Right now there is a flagstone patio on that space, and we have [inaudible] out there, and we're just trying to enhance the overall McConville barn site, to give a place for some teaching, it's 13 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES also a great vantage point to be looking toward campus, and do you have anything you want to add? Dr. Antczak- You're doing great, Joe. Unless you have specific questions for me? Mr. Barney—No. My only point is that you don't want to ask for a variance for the wrong height,particularly if it's lesser than it actually winds up being built, so that's I think better to err on the up side, if you can put it that way, rather than the down side. Dr. Antczak- You mean in terms of giving an exact height rather than... Mr. Barney—I think if this board grants a variance, they are likely to grant it... what they don't want to have you do is come back, after the building is up, and discover, to and behold, we granted the variance for 21 feet and it's at 21 feet six inches. Dr. Antczak- That being the case, we would like to err on the positive side and have that cupola be included in our estimate. This barn used to be called the Mitchell barn, it was built by the Mitchell family of Mitchell Street, and there was a house on this knoll, that was part of the Mitchell family's house, and another one on the other side of 366. In the mid-80's we renovated this barn with a large gift from Mrs. Dorothy McConville, and the barn was re-named in her honor. And this knoll is actually a little memorial to a lady named Molly Butler who used to raise Welsh ponies out on East Shore drive, she was a friend of the college, and helped us out quite a lot. It's use, the pavilion will be used to support our teaching and research facilities. It will also enhance that barn, which did get a certificate of merit from Historic Ithaca when we did the renovation and we spent a lot of time and effort keeping the place up. Mr. Matthews —What will be the disadvantage if you drop the height to 15, what will occur? Dr. Antczak- Just every time I'd look at it, I'd say gosh, we got the dimensions wrong. I wanted the pitch and the relative proportions of this pavilion to be the same as this North- South transept of the barn. So that's the reason. When people drive by, I think they see it, you know, it looks like a smaller version of this transept up here. Mr. Matthews —So my question is if you drop... Dr. Antczak- drop it down? Mr. Matthews —Keep the pitch, and just drop it down to 15 feet, what's the difference, what happens? Dr. Antczak- Then the ceiling becomes rather low. Mr. Matthews —Rather low? 14 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Bennett- Well, we're looking for an 8/12 pitch with a 10 foot sidewall, so if we were to drop three feet, we would have to drop the sidewa113 feet which is only 7 feet, which is rather low to be entering, and it loses the scale to the side walls of the barn that way as well. Ms. Rice- They also wouldn't meet building code if they dropped it below 7 foot 6 or 8 feet depending on the classification we give it. Dr. Antczak- the second part of the architectural dimensions we're trying to keep constant, relate to the absolute height of the barn. This knoll is about half, reaches about halfway up to the side of the barn, you can just barely see the top of it over here, so this little pavilion would sort of match the top half of the barn, the second floor, exactly in terms of both height and pitch and we thought that was just aesthetically pleasing and would be the right way to do it, even though it does require a variance. Mr. Bennett- The second variance on the notice sheet mentions. The first I was aware of a variance for the pavilion not in the rear yard was when I received this. We submitted a site plan for our building permit application, and I didn't know there was a second variance issue. Mr. Niefer—Just a matter of curiosity. With the Coddington Road pavilion, they had to get a variance for a sprinkler system. Ms. Rice- I knew you were going to ask that. Mr. Matthews —If he didn't, I would have. Ms. Rice- Our office, our determination was that this really is a true open air structure, and in looking at chapter 225, which is the sprinkler variance, it has a list of criteria and buildings and structures that have to have sprinklers, a pavilion like this wasn't necessarily in that, or wasn't in that list. However, the storage area within the other building, by having four walls that actually enclosed it, it met several of the different types of criteria within chapter 225. Mr. Matthews —How close is this building to the big barn? Dr. Antczak- Probably about 60-80 feet. Ms. Rice- 80 feet according to your site plan. Mr. Matthews —So there's no possibility of a fire reaching the barn? Ms. Rice- I'm a fire fighter, I will never say there's no possibility, but it's outside the definition of an exposure which is 50 feet by fire standards. 15 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Dr. Antczak- In terms of flammable materials, the barn itself is probably much more at risk than the pavilion. Mr. Matthews —I'm talking about carryover flame. Dr. Antczak- Sure. Mr. Matthews —Is that a concern? Not a concern. Dr. Antczak- Actually it's 80 feet to the start of the patio, so it's another 10 feet, 90 feet actually. Mr. Matthews —Yeah, that's a far reach for any flame, even a Bunsen burner. OK, thank you. Vice Chairperson Ellsworth—What do you think is a safe height then, if the board were to limit a height? Mr. Bennett- Well, I would guess that 19 feet to the peak to the roof, we should at least add another 3 feet for the cupola. 22 feet? Dr. Antczak- I think we can build a nice small cupola and fit it within that for sure. Vice Chairperson Ellsworth—OK, so you'd be happy with 23 feet? Mr. Bennett- OK. Vice Chairperson Ellsworth—Any further questions from the board? Mr. Krantz—There will be no storage area? Mr. Bennett-No storage. Vice Chairperson Ellsworth—I'm going to open the public hearing. Does anyone wish to speak about this appeal? We'll close the public hearing. Vice Chairperson Ellsworth opens the public hearing at 7:43 p.m. and closes the public hearing at 7:44 p.m. Vice Chairperson Ellsworth—Any further questions? Mr. Matthews —I have another one. In the education of a board of appeals member, what's the reason for the 15 foot limitation? Mr. Barney- Mass, I think. 16 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Matthews —Mass? Mr. Barney—Yeah. It's always in conjunction with a principal building which is allowed to go up to, depending on how you measure it, as high as 36 feet on the exterior, and the purpose of this, this is basically a low density residential zone, is to not have two massive buildings on a single lot. Again, when the zoning ordinance was drafted,people were thinking in terms of a large residence and a garage or a shed, and they didn't want a shed that was equal in height to the residence. So, the 15 foot limitation is basically to keep one principal building, and keep all the subordinate buildings in proper scale. It's probably an issue that isn't as important in a kind of situation like this, especially when you've got a barn that is as massive as this barn. Mr. Matthews —The barn is obviously over 15 feet. Mr. Barney—Obviously. Mr. Matthews —But the auxiliary buildings can't be over 15 feet. Ms. Rice- And normally an accessory building would be in the rear yard, which is what the second part of that variance is, obviously with what the owner is looking for, they're looking for it to be in the front yard. Mr. Matthews —Kind of hard to argue against. Vice Chairperson Ellsworth—Does 23 feet look good to you, John? Mr. Barney—I'd probably go another foot. Vice Chairperson Ellsworth—24. Mr. Barney—Yeah, because scaling it off, an inch equals 20 is pretty close, and I get 19 to the ground, and darn close to 5 feet from the top of the ridge peak to the top of the ridge of the cupola. So I would say 24 would be safer. Vice Chairperson Ellsworth—Can I get a motion on the appeal? Oh, excuse me, I guess we have an environmental... Ms. Balestra—There is a SEQR for this, yes. Vice Chairperson Ellsworth—Any comments, Chris? Ms. Balestra—No. No environmental concerns with this proposal. Vice Chairperson Ellsworth—Can I get a motion on the ... 17 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Krantz—I would move for a negative determination of environmental assessment on the appeal of Cornell University to allow a pavilion to be constructed in excess of 15 feet, at 770 Dryden Road in the Town of Ithaca. Mr. Barney—And in the front yard. Mr. Krantz—And also ... Mr. Barney—I think just amend your motion to say being constructed in excess of 15 feet in height and in the front yard. Mr. Krantz—OK, fine. Mr. Barney—John, will write it up that way. Mr. Matthews —Excuse me, did you put a maximum on that, or they can go? Mr. Barney—Well, this is just the SEQR, you'll put a maximum on when you go to the actual motion for the approval. Mr. Krantz—This is just to approve the environmental assessment. Vice Chairperson Ellsworth—I'll second that. All those in favor? ZB RESOLUTION NO. 2005- 032 : ENVIRONMENTAL ASSESSMENT : Cornell University, Appellant, Joseph Bennett, Agent, 770 Dryden Road, Town of Ithaca Tax Parcel No. 65-1-5.2, Low Density Residential Zone. MOTION made by Ronald Krantz, seconded by Harry Ellsworth RESOLVED that this Board makes a negative determination of environmental significance in the appeal of Cornell University to allow a pavilion to be constructed in excess of 15 feet in height and in the front yard at 770 Dryden Road in the Town of Ithaca. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: None The MOTION was declared to be carried. Vice Chairperson Ellsworth—Can I get a motion on the appeal? In regard to the appeal Cornell University, I move that the board approve the variance from section 270-59 to 18 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES allow a pavilion to be constructed with a total height limitation of 24 feet, located adjacent to the McConville barn on 770 Dryden Road, Town of Ithaca Tax Parcel 65.-1- 5.2, and that the board approve a variance from section 270-60 that the pavilion is located in the front yard, rather than the rear yard. Mr. Krantz—It's supposed to be 19.5 feet? Vice Chairperson Ellsworth—Well, they asked for 19, but I guess they didn't include the cupola. Mr. Krantz—24? They were only asking for 19.5. Mr. Barney—The 19.5 doesn't pick up the cupola. Mr. Krantz—OK. Mr. Barney— 19.5 is really only to the, if you look at the scale on the lower right hand corner there, it's 19 feet to the roof ridge of the main building. Mr. Krantz—OK. Mr. Barney—And I would suggest adding that the construction be substantially in accordance with the plans that are presented to and approved by this board, and that the board finds that the detriment to the owner in adhering to the requirements of the zoning ordinance is not outweighed by the detriment to the public of building in this fashion. Vice Chairperson Ellsworth—Need a second. Mr. Matthews —Second. Vice Chairperson Ellsworth—All those in favor? ZB RESOLUTION NO. 2005- 033: Cornell University, Appellant, Joseph Bennett, Agent, 770 Dryden Road, Town of Ithaca Tax Parcel No. 65-1-5.2, Low Density Residential Zone. MOTION made by Harry Ellsworth, seconded by Dick Matthews. RESOLVED that this Board grants the appeal of Cornell University, Appellant, Joseph Bennett, Agent, requesting a variance from the requirements of Section 270-59 of the Town of Ithaca Code, to allow a pavilion to be constructed with a total height limitation of 24 feet, located adjacent to the McConville Barn on 770 Dryden Road, Town of Ithaca Tax Parcel No. 65-1- 5.2, and that the board approve a variance from Section 270-60 that the pavilion is located in the front yard rather than the rear yard. 19 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES FINDINGS: The detriment to the owner in adhering to the requirements of the zoning ordinance is not outweighed by the detriment to the public of building in this fashion. CONDITIONS: Construction shall be substantially in accordance with the plans that are presented to and approved by this board. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried. APPEAL of EcoVillage at Ithaca,Appellant, Francis Vanek,Agent, requesting a variance from the requirements of Section 271-9, Special Land Use District#9 of the Town of Ithaca Code, to be permitted to place a bus shelter within the required 50 foot buffer at the intersection of Rachel Carson Way and NYS Route 79, Town of Ithaca Tax Parcel No. 28-1-26.22. Vice Chairperson Ellsworth—Would you give your name and address and tell us briefly about the appeal? Mr. Vanek - Sure, my name is Francis Vanek, I'm at 223 Rachel Carson Way, and I'm acting as the agent for EcoVillage at Ithaca. The request for the variances is based on the fact that the bus shelter really needs to be close enough to the road that people waiting for the bus can first, see the bus coming and then walk out to the road and then catch the bus. And in fact, if it were more than 50 feet back, they wouldn't have a good enough vantage on the road in order to see it in time. I'm sure you're all familiar with bus shelters needing to be close to the road, or any other one you see around Ithaca. Vice Chairperson Ellsworth—Has this been reviewed with the bus system? Mr. Vanek- Yes, we've been in communication with TCAT, and they've actually seen the plan and seen that the bus shelter should be close enough to the road that people can easily catch the bus from it. Mr. Matthews —Why don't they built it? Why doesn't TCAT built it? Why are you folks building it? 20 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Vanek- We designed a passive solar bus shelter that's not a stock bus shelter, rather we're going to built it ourselves in a certain way. In part, to make it a entry-way to EcoVillage to kind of demonstrate some interesting architecture. So, that was the basis for this project. Mr. Matthews —Does this have to have a sprinkler system? Ms. Rice- We looked. It doesn't. But we did look. Mr. Matthews —OK. Vice Chairperson Ellsworth—Any further questions from the board? OK, we'll open the public hearing. Does anyone wish to speak on this appeal? We'll close the public hearing. Vice Chairperson Ellsworth opens the public hearing at 7:52 p.m. and closes the public hearing at 7:53 p.m. Vice Chairperson Ellsworth—Any other comments, Chris, on the environmental assessment. Ms. Balestra—No, no environmental concerns. Vice Chairperson Ellsworth—OK, can I get a motion on the environmental assessment? Mr. Krantz—I would vote that we favor a negative determination of environmental assessment on EcoVillage's appeal to be permitted to place a bus shelter within the required 50 foot buffer at the intersection of Rachel Carson Way and Route 79. Vice Chairperson Ellsworth—Second? All those in favor? ZB RESOLUTION NO. 2005- 034 : ENVIRONMENTAL ASSESSMENT : EcoVillage at Ithaca, Appellant, Francis Vanek, Agent, Rachel Carson Way and NYS Route 79, Town of Ithaca Tax Parcel No. 28-1-26.22. MOTION made by Ronald Krantz, seconded by Dick Matthews. RESOLVED that this Board makes a negative determination of environmental significance in the appeal of EcoVillage at Ithaca, Appellant, Francis Vanek, Agent, to be permitted to place a bus shelter within the required 50 foot buffer at the intersection of Rachel Carson Way and NYS Route 79. The vote on the MOTION resulted as follows: 21 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: None The MOTION was declared to be carried. Vice Chairperson Ellsworth—All right, can I get a motion on the appeal? Mr. Barney—Could I, I was just slightly puzzled about where it is in the special land use district that it authorizes these... Ms. Balestra—It restricts the location of buildings other than structures within 50 feet of the boundary of a special land use district. Mr. Barney—But where does it say you can build a bus shelter? Accessory buildings, such as doghouses, storage sheds, carports, gazebos or other small structures clearly ancillary [inaudible] to dwelling units. Is that the section that allows it that we are basing it on? Ms. Rice- It's probably under other small structures... Mr. Barney—OK. Ms. Balestra—I don't remember where I found it, but it's in here. This went to the planning board. [inaudible] Mr. Matthews —Harry, do you know why, what's the reason for the requirement of the 50 foot buffer? Vice Chairperson Ellsworth—No, I don't. Mr. Matthews —There must be a reason behind it for something. Vice Chairperson Ellsworth—I guess just so structures don't get pushed up too close to the road. Mr. Matthews —But the buses are coming...John, my question is, what's the reason for the 50 foot buffer? Mr. Barney—to provide distance between the buildings and structures on this property from any adjoining owned, any property adjoining that is owned by a different party. This was part of an overall development of... how many acres? I don't know. 22 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Vanek- 175. Mr. Barney— 175 acres. And when you get that frequently, the Planning Board or the Town Board, in this case it's done by the Town Board as part of the Local Law, basically puts a, to ensure the development when you have that much area, stays somewhat away from the property line, imposes a buffer requirement. And that's what the 50 foot buffer is here. It makes less sense, quite frankly, along the road frontage, because there you're not worried about it, so again, what you're looking at tonight doesn't strike me as being out of... Mr. Matthews —So the 50 feet is to the next property line? Mr. Barney—50 foot is the buffer around the perimeter of the whole property, including the perimeter that is along the road frontage. Mr. Matthews —So now they are imposing on, within the 50 feet, on someone else's property. Mr. Barney—No, on their own property, but they're doing it at an area where the next piece of property is the state highway that runs by, rather than your house or my house adjacent on one side or the other. Mr. Matthews —So it's 50 feet to the state highway. To the centerline of the state highway? Mr. Barney—No, we'd go to the edge. Mr. Matthews —Edge of state highway. Do what harm is being done if they come closer than 50 feet in this particular case? Mr. Barney—That's for you to determine, but if you were to determine that there were very little or no harm at all, I certainly wouldn't be opposed to trying to sustain that if you were sued. Mr. Matthews —Could anyone give me some ideas of what possible harm would be done? Ms. Rice-No, but I can tell you that when the special land use district was originally created with the buffer zone, it was only the rear portion of the property, and they cam in later and extended the boundaries of the property and at that point, it came up to the road. So, the 50 foot buffer was initially for the rear portion where it was surrounded on all sides by adjoining land and not the public road. Mr. Matthews —So in this particular case, it's imposing on the space between it and the road. 23 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Barney—Right. Mr. Matthews —So, looking into our crystal ball in the great future, what happens in that 50 feet, that the state widens the road or something? Mr. Barney—I think it's an anomaly with the way the program progressed here with respect to EcoVillage. Mr. Matthews —Right now there's no harm. Mr. Barney—I think you're probably right. Mr. Vanek- If I can just add, it looks like the nearest property up the road is probably about 140 feet up the road to the property boundary. Mr. Matthews —The bus company doesn't have any problems with it being that far or that close or anything like that. The fire department has no problem. There's no safety issue. Thank you. Mr. Barney—The other question that I would have, I notice we're dealing with two landowners here, and the building is actually going to be on EcoVillage of Ithaca's property, but it looks like the driveway the provides access to it is on EcoVillage Association's property, am I reading that right? Mr. Vanek- Yes, you would have to walk a little bit from Rachel Carson Way over across the boundary from the Village Association land onto the EcoVillage land to enter the bus shelter, that's right. Mr. Barney—And how does the Village Association feel about this? Mr. Vanek- They also have consented on, they agreed to this bus shelter, so... both bodies, both the Village Association and the Board of the EcoVillage at Ithaca Inc, have approved that the bus shelter would go forward. Mr. Barney—I didn't notice, the application is signed just by, well, it's unclear as to which property owner is signing it. The SEQR form is for EcoVillage at Ithaca. It wouldn't be difficult I assume, to get some sort of document that's certified from both boards that they are in favor of this sort of question. Mr. Vanek- Yeah, yes we can do that. OK. Mr. Barney—OK, I think that might be the way to handle this. Vice Chairperson Ellsworth—Can I get a motion on the appeal of EcoVillage? 24 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Matthews —Again, I make a motion to approve the request of the EcoVillage to build a bus station, waiting station, I suppose you would call it? Mr. Barney—Bus shelter. Mr. Matthews —On the property within 50 feet of the zoning requirement. Is that OK? Mr. Barney—Well, I think you want to add, substantially as shown on the plans submitted with the application and subject to the condition that we receive a letter or certified resolution or other document indicating that both EcoVillage at Ithaca and EcoVillage Association join in the request for the variance. Mr. Matthews —Do you have that, John? John, have you gotten that? Have you gotten that. Thank you, I couldn't possibly equate those fine words. Vice Chairperson Ellsworth—And this is located at the intersection of Rachel Carson Way and NYS route 79, Town of Ithaca Tax Parcel No. 28.-1-26.22 Mr. Vanek- Can I just ask a question, so if I have two letters, one from each organization signed by the officers... Mr. Barney—The president, either one. Or a joint letter, either way, but signed, EcoVillage at Ithaca by, whoever the president is, and also EcoVillage association, by whoever the president of that one is. Mr. Vanek- OK, great. Mr. Barney—And probably John, the resolution should recite that that should be in hand before the issuance of a building permit. Vice Chairperson Ellsworth—Second on the motion? Mr. Niefer—Second. Vice Chairperson Ellsworth—All those in favor? ZB RESOLUTION NO. 2005- 035: EcoVillage at Ithaca, Appellant, Francis Vanek, Agent, Rachel Carson Way and NYS Route 79, Town of Ithaca Tax Parcel No. 28-1-26.22. MOTION made by Dick Matthews, seconded by Jim Niefer. RESOLVED that this Board grants the appeal of EcoVillage at Ithaca, Appellant, Francis Vanek, Agent, requesting a variance from the requirements of Section 271-9, Special Land Use District#9 of the Town of Ithaca Code, to be permitted 25 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES to place a bus shelter within the required 50 foot buffer at the intersection of Rachel Carson Way and NYS Route 79, Town of Ithaca Tax Parcel No. 28-1- 26.22. FINDINGS: None CONDITIONS- 1. ONDITIONS:1. Construction shall be substantially as shown on plans submitted with the application. 2. The Town of Ithaca shall receive a latter or certified resolution or other document indicating that both EcoVillage at Ithaca and the EcoVillage Association join in the request for the variance before the issuance of any building permit. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried. Mr. Vanek- Thank you very much. APPEAL of Thomas Farrell, Appellant, Orlando Iacovelli, Agent, requesting a variance from the requirements of Section 270-62 of the Town of Ithaca Code to create by subdivision a parcel of land with a lot width at the maximum front yard setback of approximately 130 feet (150 foot width required) at 923 and 925 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-5, Low Density Residential Zone. A variance from Section 270-60 is also required, as an existing house located on the land being subdivided, will have a new north side yard setback of 15 + feet (40 feet required). A variance from Section 270-54 may also be requested to be allowed to maintain two existing sheds at 923 Coddington Road. Vice Chairperson Ellsworth—Want to give your name and address, and briefly... Mr. Iacovelli - Orlando Iacovelli at 347 Coddington Road. To try to divide this, at the setback it requires 150 feet, and we don't have that quite, and the two sheds, at some point in time, one's going to be destroyed and one's going to be moved, but to get it done so that this would be possible, we've asked for a variance for those sheds as well. 26 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Matthews —Are they movable sheds? Mr. Iacovelli - they are. Mr. Matthews —They're not sunk in granite? Mr. Iacovelli -No, they are not, one is going to be destroyed and one is going to be moved over, it's just a matter of getting a big enough machine up there to move it over. Mr. Matthews —It takes a big forklift truck to pick it up? Mr. Iacovelli - Yes. Mr. Matthews —Can't you move it before you start construction? Mr. Iacovelli - Oh, I'm not starting construction. All I'm trying to do is purchase the lot. I don't expect to do any construction until next year or even possibly later. Mr. Matthews —I'm confused. If you're not going to start building, what do the sheds have to do with anything? Ms. Rice- You're not allowed to have just an accessory building on a vacant parcel, and because they are creating two parcels, one of which has no primary building, you can't maintain an accessory building without a variance. So, because Mr. Iacovelli wasn't able to move the sheds before the meeting tonight, he requested that that be included in the variance to allow him to move the sheds at a later date. Mr. Matthews —Somehow I got the donkey and the horse turned around here, I don't know why, it must be my 68 years. Ms. Rice- If he had a house, if there were a house on each side of the property, then the shed would be a moot point because there would be a primary dwelling, a primary use for each one. Because one of the parcels being created has no house on it, it has no primary use, therefore, you cannot have an accessory use without the primary use. So, you're not allowed, if you have a vacant parcel, you cannot come in and just put up a shed on the property. Mr. Krantz—There's the case of Tom Bell on Bostwick Road who was going to build his house but he wanted to put a garage in there first to hold his boat, and then the house was going to be ready 7 or 8 months later, and he needed special permission for that too. Mr. Matthews —So my question is, I'll go back to the same question, why can't he move that shed to the next property, he's buying it from the next door owner, instead of going through this board, what do we have to go through this process for? Ms. Balestra—That's not the only variance. 27 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Barney—You've got to do the process anyway, because of the setback requirement. Mr. Matthews —That's fine, but the shed, I just don't understand why we have to have the, go through the argument for the shed when it can just be picked up and moved over to Farrell's property. Farrell's selling it, it's Farrell's, where he puts his mower. I'm very familiar with the place. Mr. Barney—It's a question of whether you want to require that to happen as a basically before an application for a variance is heard or whether you're comfortable knowing that it must happen at some finite period which you could impose as a condition, or tie it to the construction of some other permitted principal dwelling or principle building on the lot that's being subdivided, in which event they would be accessory uses to that and they would be perfectly legitimate. And so, I think in an effort to try and economize and not have this board have to hear two separate appeals, or to make Mr. Iacovelli take a machine up there and move it before it's, before he's planning to put some machinery up there anyway to do some construction, the thought was to make it a part of this variance. You don't have to grant it if you don't want to, I mean, there's nothing mandated about it, but I don't know that's it's terribly unreasonable to say to Mr. Iacovelli, OK we'll wait until you put your machine up there, or a year... Mr. Iacovelli - If you gave me a year, that would be plenty. Mr. Barney—Beg pardon? Mr. Iacovelli - If you gave me a year, that would be plenty. Mr. Barney—So, basically say, they're either moved or your construction is, the principle dwelling is completed within that period of time. Mr. Matthews —So what you're saying John, is that by giving this approval for the shed, he can go into the second part of the request tonight. Mr. Barney—Right. I mean, as it is right now, you can't subdivide or grant a variance for the subdivision when the creation of the subdivision makes something that's legal illegal, and that's what we're faced with, unless you deal with it in some fashion and one way is to say OK, we'll give you in effect a temporary variance for a year or so. Mr. Matthews —OK, thank you for educating me. Vice Chairperson Ellsworth—Any other questions from the board? We'll open the public hearing. Please give your name and address. Vice Chairperson Ellsworth opens the public hearing at 8:10 p.m. 28 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Ms. Bauer- I'm Mary Jo Bauer at 921 Coddington Road, my house and land adjoins the land that's going to be subdivided. There are three variances being requested is that right? Or it's all in one. OK, the sheds don't bother me in the least, but I have questions. I've been concerned all along as to where this house is going to be, and do these measurements have something to do with that? The house cannot be in x place? Ms. Rice- The measurements have to do with the size of the lot itself, based on our zoning ordinance. There is a separate set of measurements required for setback from property lines and that's standard throughout the zoning district. Mr. Barney—And the proposed subdivision creates a line that is basically too close to the existing house, and that's the main variance. Ms. Bauer- To the existing house? Mr. Barney—To the existing house, yeah, the new house can only be constructed with the appropriate setbacks on each side and the front, to the extent, it's a pretty big back yard, so I don't think there will be a problem there. Ms. Bauer- So does that still mean that really this house could go anywhere? Mr. Barney—Subject to meeting the setback requirements of the ordinance. The new house, you're talking about the new house, the building to be constructed on the new lot. Ms. Bauer- Yeah. Mr. Barney—Right, you can go anywhere on the lot, as long as it is, I don't know what the setbacks are off the top of my head, 40 feet on each side away from the side yard, and 50 feet back from the road. 30 feet, excuse me, I've been corrected. She lives and breathes and dies this stuff, I only get to it once or twice a month. So it's 30 feet back from the road, 40 feet from each side yard, unless one of the side aspects of the building is a garage, in which event then, I think it can be 15 feet, thank you. Ms. Bauer- OK, well it just... Mr. Barney—Have I confused you completely now? Ms. Bauer- Well, no, I caught a little bit of how far back from the road it has to go. It just seems like coming from the road, it's fairly narrow, and then it broadens out, and I'm just wondering in that more narrow part if there's space to build the house, or if it has to go farther back? Mr. Barney—Well, the requirement, this is for the low density? The minimum width at the 30 foot setback is supposed to be... 29 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Ms. Balestra—It's 150 feet width at the setback line required and it's approximately 20 feet shy and that's something that was supposed to be indicated on plans that Orlando was supposed to bring in. Mr. Iacovelli - I have those. Ms. Balestra—OK, Can I see them? Mr. Iacovelli - I passed one in your office already, did you not receive it? Ms. Balestra—No I didn't. Mr. Iacovelli - there was one dropped off on Friday in your office. Ms. Balestra—OK, I'll look into that. [inaudible comments] Mr. Matthews —I have a question. Let us assume that we grant this variance for the closeness of this building to the next building, 15 feet versus 40, we want 15 feet rather than 40. Mr. Iacovelli -No, no. Mr. Matthews —You have it here, you want a yard setback of 15 feet versus 40 feet required. Ms. Rice- That's for the existing house. Mr. Matthews —For the existing house, yes. Mr. Iacovelli - Oh, yes, yes, for the existing house. Mr. Matthews —Right. That's pretty tight, correct? 15 feet versus 40, you're practically looking in the other person's living room. Mr. Iacovelli - Well. Mr. Matthews —Am I reading that right? Mr. Iacovelli - Yes. Mr. Matthews —What happens if you move this house back and do it within the ordinance requirements of 40 feet? What happens to your total development picture? 30 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Iacovelli - To be truthful, I haven't looked at placing a house on that lot, I mean I think that there's room to build a house that is far enough back to accommodate everybody. I spoke to this young lady when I want in for the Planning Board and I explained to her at that point in time that I really haven't had an opportunity to walk the lot and get a feel for where a house might go, but I don't expect it to be right close to the road, I expect it to be further back. Mr. Matthews —Then why ask for the request? Mr. Iacovelli - Well, that's what I have to have to have a lot at the 50 foot setback,it has to be 150. And I think I only have 138 or if I can see these numbers. Mr. Matthews —What has to be 150? Ms. Rice- The width of the lot. Mr. Matthews —The width of the lot? Ms. Rice- The width of the lot. Mr. Iacovelli - The width of the lot at the setback. Vice Chairperson Ellsworth—In order for him to subdivide. Mr. Matthews —OK, so keep going back, I mean... Mr. Iacovelli - I don't have a problem of keep going back, but to meet the Town ordinance, it has to be 150 feet at the 50 feet setback, that's what I'm trying to meet. Ms. Balestra—And he's proposing approximately 140 feet lot width, which is the other variance that he's asking for. Ms. Bauer-Well, I'm satisfied with the information. Mr. Iacovelli - And it's a seven acre lot so there's a lot of space on there for me to build, so it's not a... but I'm in the process of building a house now, so I don't have the opportunity to take a look at this and see where it would be really important for me to build. But I expect the lot to accommodate a house in a reasonable way. And I'd certainly speak to this young lady as to my plans when I have decided to build there. Mr. Matthews —I'm still confused, I'm sorry, Iac, may I call you Iac, I did it for years? Mr. Iacovelli - Yup. Mr. Matthews —I just don't understand why we even have to grant the variance if he knows he can go back and stay with. 31 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Iacovelli - Well, because to meet your requirements I have to have 150 at the setback. Mr. Barney—The minimum lot width has to be 150 feet at the maximum setback line, which is 60 feet actually. Mr. Matthews —So if he goes 150 feet, he will then be close to the other house is that right? Mr. Barney—Well, if you look at the map that he has presented to you tonight, I think it makes it clear. Where it says 138.8, that's where our ordinance says it has to be 150. It's not 150, therefore any subdivision that is granted has to be subject to your granting a variance because they, the Planning Board is not empowered on a straight subdivision, to allow a subdivision that breaks parcels into lots that are less than the minimum prescribed by the ordinance. This is less than the minimum at that particular location. Ms. Balestra—And it's different than him actually building the house, this is... Mr. Barney—Yeah, he could build the house all the way in the back, he could build the house actually a little farther forward, although you may want to impose a condition, since your narrowing it down that it be built back at least 60 feet from the road right of way, which is perfectly permissible I think in this circumstance. But that's an issue that comes up when the house is to be constructed. Mr. Matthews —Then the issue will come up about the house. Mr. Barney—Yeah, but if you grant the variance as I say, you could grant the variance and make it conditional on it being at least 60 feet back so that it's at a point where it's at least at the required width, well, not quite the required width, but I suppose you could impose a condition to say that it's got to be built back farther to the point where the lot is at least 150 feet wide. Mr. Iacovelli - Which I would not object to. Mr. Barney—Beg your pardon? Mr. Iacovelli - Which I wouldn't object to. Mr. Barney—You would not object to? Because it takes it back another, eyeballing, it's about another 20 feet or so? Vice Chairperson Ellsworth—He still has to be here to subdivide, it's just you're requiring him to keep the house back further than where you have the required width. 32 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Matthews —My concern is that we don't have a cramming going on, houses right up against one another, that's my concern. Mr. Barney—Well, kicking it back another 20 or 30 feet would eliminate, would reduce the thought of cramming here because it would then take it behind the existing house on the other lot. Mr. Matthews —Can we somehow word the motion so that we can prevent that from ever happening? I couldn't... Mr. Barney—Ever is a magical word that lawyers never—almost never— Mr. Matthews —The applicant seems to be in agreement with that concern. Mr. Barney—I think if we could scale it off here, we would see approximately how many more feet back it would have to go, should be back 110, so another 50 feet back it what you're saying. Would the topography permit that? Mr. Iacovelli - I don't know. Mr. Barney—What's the topography of that area? Ms. Balestra—In that area, it's gently sloping, so another 50 feet back would not be a problem. Mr. Barney—sloping towards the road or away from the road? Ms. Balestra—Away from the road. There are some wet areas that you would need to deal with, but, once we get to the environmental stuff I can just tell you very, very briefly there are just a couple of minor environmental issues that... Mr. Iacovelli - If you would allow me to work it out with this lady and Mr. Farrell, who are the two people who would be adjacent to where that house went, I don't think we would have a problem. Mr. Barney—Well, I think the problem with that is that the board has some concerns, as I hear them, about trying to keep them... Mr. Iacovelli - I just think 150, or how far back did you say it was? Mr. Barney— 110. Ms. Rice- Looks like it's 110 from the right of way pin. Mr. Barney—To get to a point where your lot is 150 feet wide. 33 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES [inaudible comments] Mr. Iacovelli - If you want me to take it back to 150 foot for the setback that's not a problem, then. Mr. Barney—We were saying 110, to the point where the lot is 150 foot wide. Mr. Iacovelli - Right, going back to the point where the lot is 150 foot wide. I think that meets it. Mr. Matthews —Please don't ask me to make the motion,please. Mr. Barney—We'll see what we can do. Vice Chairperson Ellsworth—We still have the public hearing open, does anyone else want to speak on this appeal? Any other comments from the public on this appeal? Mr. Barney—Awful lot of people here for the last one on the agenda. Vice Chairperson Ellsworth—OK, we'll close the public hearing. Vice Chairperson Ellsworth closes the public hearing at 8:23 p.m. Vice Chairperson Ellsworth—Chris, you want to give us comments on the short form, environmental assessment? Ms. Balestra—yeah,just briefly, there's just a very small portion of the property boundary that lies within a conservation district, I mean it's a seven acre lot so it's pretty far back into the lot, so, the comment that we had was that"future siting and construction of the home on the parcel should be located away from the conservation district." There's also a drainage way that runs along the western property boundary, so the siting of the home, we would recommend that it be located away from that drainage way as well. Just to minimize the environmental impact. Mr. Matthews —that's on the southern part? On the southern line here? Ms. Balestra—No, it's right here, right along here. Mr. Matthews —Yeah, there's one there but there's also one on the other side. Ms. Balestra—Right, we're not as concerned about the one here, there's one that's even larger here, and if the home were to be placed, we were talking 110 feet here, it would have no impact on this drainage way, it would have no impact on the conservation district, and you would just make sure that it didn't have too much impact on the drainage way on the west. That's our only comment. 34 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Vice Chairperson Ellsworth—Can I get a motion on the Environmental Assessment for this appeal? In regard to the appeal of Thomas Farrell, I move that the board make a negative declaration of environmental significance for the property at 923 and 925 Coddington Road, Town of Ithaca Tax Parcel No. 47.-2-5, and based on the review of the Town staff, there's no date, the review by Chris Balestra. Second? Mr. Matthews —Second. Vice Chairperson Ellsworth—All those in favor? ZB RESOLUTION NO. 2005- 036 : ENVIRONMENTAL ASSESSMENT : Thomas Farrell, Appellant, Orlando lacovelli, Agent, 923 and 925 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-5, Low Density Residential Zone. MOTION made by Harry Ellsworth, seconded by Dick Matthews. RESOLVED that this Board makes a negative determination of environmental significance for the property at 923 and 925 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-5, Low Density Residential Zone, based upon the Environmental Assessment Form prepared by Chris Balestra. The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: None The MOTION was declared to be carried. Vice Chairperson Ellsworth—Can I get a motion on the appeal? Mr. Barney—Does somebody care to move that the appeal of Mr. Iacovelli for a variance, or for actually three variances, to be permitted to subdivide a parcel as shown on the map submitted to this meeting, which was dated April 15, 05 and as revised in accordance with the instructions of the planning board, to basically have a lot that is less than 150 feet in width at the required setback line, that grants a variance for the existing house on the original lot to have a northerly setback of only 15 feet as opposed to the required 40 feet and also a temporary variance to grant a, to allow two sheds to remain on the larger subdivided lot for a period of up to a year be granted on the findings that none of these variances will adversely impact the neighborhood in a manner that is greater than the detriment to the applicant in allowing him to happen, and subject to the conditions 35 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES that A. any construction on the larger of the two lots being subdivided occur on the lot that is behind the line at the point where the lot is at least 150 feet wide, and Orlando, were you limiting this to a single family house, or is this going to be one...? Mr. Iacovelli - Whatever the ordinance is at that stage, that's what I would like to have. Mr. Barney—OK, the ordinance would permit a house with a subordinate apartment. Mr. Iacovelli - Well, that's what I would like to have, then. Mr. Barney—Your application at one point says just a single family house, that's why I was... Mr. Iacovelli - What I tried to put in there was that we would meet the requirements of the existing zone. And I haven't gotten that far to tell you the truth. Mr. Barney—I think, oh, and the further condition that any house constructed be not constructed in the portion of the lot that lies within the conservation zone, and that the location of any house on the larger lot take into account the drainage ditch along the northwesterly line running from the street back about 434 feet. I preferably, I'd almost like to say that ought to be 40 feet away which is what the side yard requirement is. Mr. Iacovelli - I think it would meet that anyhow, I think I have to meet the side yard requirement. Mr. Barney—Well, it would be less than that if you were putting a garage on that side, then you could be down to as little as 15 feet, so maybe we ought to just say that the side yard requirement, regardless of whether there is a garage or not, be at least 40 feet on the northwesterly line, at least along the 434.7 foot line. Mr. Matthews —Question, correct me if I'm wrong, you spoke about the residence on the south portion of this property, did you speak about that in this motion? Mr. Barney—Yes. Mr. Matthews —Is that part of your appeal, that present house that is on... Mr. Barney—Yeah, to create a 16 foot side yard as opposed to 40 feet. Mr. Matthews —OK, I thought you were talking about a 40 foot setback on that house or something. Mr. Iacovelli -No. Mr. Barney—I'm talking about 40 feet setback on any newly constructed house that would be to the presumably north of this house. 36 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES Mr. Matthews —To the drainage, OK, I stand corrected. Now, would you assure me anyway, I don't know about my fellow board members, that the motion that you are making, because I got a little buried, there, that's kind of a little normal with me, that we are not supporting an intense cramming as it were between houses here. Mr. Barney—That's the purpose of trying to set these dimensions up. By having that house set back to a point that is 150 feet wide, by the geography of it, is going to set it back a minimum of 1 l Ofeet, which if you note the first house, it will take it to a point that is behind the back line of that house on the southerly parcel. Mr. Matthews —OK, thank you. Mr. Barney—And it's subject to the 40 foot side yard requirements, so... Mr. Matthews - I'm warm like a puppy thank you. Vice Chairperson Ellsworth—Can I get a second to the motion? Mr. Barney—I haven't made the motion, someone's got to make the motion, I don't have that authority. Mr. Matthews —I'll second it. Mr. Niefer—I'll make the motion. Mr. Krantz—Well, so moved. Vice Chairperson Ellsworth—Jim Niefer makes the motion and Dick Matthews seconds it. All those in favor? ZB RESOLUTION NO. 2005- 037: Thomas Farrell, Appellant, Orlando lacovelli, Agent, 923 and 925 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-5, Low Density Residential Zone. MOTION made by Jim Niefer, seconded by Dick Matthews. RESOLVED that this Board grant variances to Orlando lacovelli, permitting a subdivision of land at 923-925 Coddington Road, tax parcel No. 47.-2-5. to (1) create a lot with a minimum width at the maximum front yard setback line (60 feet) of 138.8 instead of 150 feet; (2) allow a side yard setback of not less than 16 feet on the smaller lot between the north line of the existing house and the north line of the smaller lot, instead of the required 40 feet, and (3) grant temporary easements for a period of not more than one year for the maintenance of two sheds, on the larger lot, which sheds were originally accessory buildings to the existing house on the smaller southerly lot. 37 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 20, 2005 APPROVED MINUTES FINDINGS: The detriment to the neighborhood in granting the variances is outweighed by the detriment to the applicant if the variances were denied. CONDITIONS- 1. ONDITIONS:1. Any house or structure constructed on the larger lot have a front yard that extends from Coddington Road back at least to the point where the larger lot is at least 150 feet in width. 2. Any house or structure constructed on the larger lot be constructed outside the portion of the lot that lies within the Conservation Zone. 3. Any house or structure constructed on the larger lot be located no closer than 40 feet to the northwesterly line (the line running from Coddington Road 434.7 feet back). The vote on the MOTION resulted as follows: AYES: Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried. Vice Chairperson Ellsworth—The appeal is approved. Mr. Iacovelli - Thank you very much. Vice Chairperson Ellsworth—The June meeting of the Board of Zoning Appeals is hereby adjourned. Vice Chairperson Ellsworth adjourns the meeting at 8:32 p.m. Harry Ellsworth, Vice Chairperson John Coakley, Deputy Town Clerk 38