Loading...
HomeMy WebLinkAboutZBA Minutes 2018-01-22 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday, January 22, 2018 @ 6:00 p.m. Appeal of Dunkin Donuts, 302 Pine Tree Rd., TP 62.-1-2.1, Community Commercial Zone, Yunis Properties, LLC, Owner requesting a variance from Town of Ithaca Code Chapter 270-256 F (1) (b) [1] to be permitted to have a freestanding sign consisting of an order(menu)board exceeding the square footage allowed. 270-256 Commercial and Industrial Zones. A. Freestanding, wall, projecting, marquee, awning, canopy and copy-change signs are permitted as principal and accessory uses and structures as specified below upon receipt of a sign permit. B. One wall sign or one projecting sign on each building or store/establishment frontage, and one freestanding sign are permitted. If an establishment has entrances for vehicular traffic on more than one public right-of-way, two freestanding signs are permitted. All freestanding and wall signs shall meet the placement and area requirements listed below. C. In the case of multi-use or multi-tenant facilities, one freestanding sign shall be allowed for the development as a whole, regardless of the number of separate establishments or tenants. If such multi- use or multi-tenant facility has entrances for vehicular traffic on more than one public right-of-way, two freestanding signs are permitted. Each line of a multi-use or multi-tenant sign shall contain information pertaining to only one use or tenant. Q. In Office Park Commercial Zones, signs that meet all of the following criteria shall not count towards the number of signs allowed in Subsections B and C above: the signs are non-illuminated, they do not exceed six square feet in area per sign,they do not exceed six feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner. E. In all Commercial and Industrial Zones, up to four freestanding signs that meet both of the following criteria shall not count towards the number of freestanding signs allowed in Subsections B and C above: the signs do not exceed four square feet in area per sign, and they do not exceed four feet six inches in height. F. Permitted sign dimensions and other criteria in Commercial and Industrial Zones are as follows: LL Freestanding signs. Lai Freestanding sign panels shall have no more than two faces. b For road speed limits of 35 miles per hour or less: LSingle-tenant signs may be up to 10 feet tall,with a maximum area of 32 square feet. OF 1.� TOWN F ITHrA 215 N. Ticiga Street, Ithaca, N.X. 1485018 21 ❑� www.town.ithac .ny.us , P yo AFFIDAVIT OF SERVICE BY MAIL ANIS POSTING & PUBLICATION STATE OF NEWYORK ) S.S.: COUNTY OF TOMPKINS ) 1, Paulette Rosa„ being duly sworn, depose and state, that deponent is not a party to the actions, is over 21 years of age with a professional address of 2.15 North Tioga Street, Ithaca, New York,. That on the l2`h day of January 2018, deponent served the within Notice Lnpon the property owners listed on the attached document, for an appeal for a property located tat.:. 302 Pine Tree Road By depositing same enclosed in a postpaid addressed wrapper, in a post office Linder the exclusive care and custody of the United States Post Office Department within the State of New York, and that the attached notice has been duly poster[ on the sign board of the Town Clerk of the Town of Ithaca on January 122018 and the notice has been duly published in the official newspaper, Ithaca Journal on J,anuaa°y 16, 2018. Paulette Rosa, Town Clerk Sworn to before nae January 17, 2018. . 9 J r otary Public Debra DeAai istine Notery Public-State Of New Yatk No.01 DE;6148035 Ou,IMf cd in Tompkfns county My Commission Expires June 19,20 Easy Peel®Labels Q`^"� ♦ Bend along line to = AYE(®5166® i Use Avg Template 516f1®'lj „r}� j Feed lhpsr�' expose Po"Edge= 1 a Tov�re of Ititia :S Nbtice afP7i611c.H�8ring e ZonMgklsoar<f of•/#Rpeals t MRondalr January.22„2p1a:*6 oo.p,m. C C Appeal ofDunklnaaprtuts}3R2 PiF►e�Tre�.Rd„TP 62.-1 1-, 1 Comtnunity Milker tial Zona Yunis Pr' rdes. %L[� 1 C?miner,.re4uest ng o varl$ncQ from liown.I thaca,c ode - Csltarxter 2701-7t fi nP(1) (b) [1] to be permitted to,have a freestanding slgra co"istlrsg.,df ap.6eder.'(mbriu)bork(ex:_. Cee On theisquare;;foatage'alfowed! QHulette Rosa Towni'Ch3rk - - 11,1,6/2t178 East Lawn Cemetery Assoc. 934 Mitchell Street Ithaca, NY 14850 Ithaca Board of Realtors NYS Electric&Gas Corp. TCW Associates 200 Pleasant Grove Road 70 Farm View Drive Freeport 63 W.Groton Road Ithaca, NY 14850 New Gloucester,ME 04260 Groton, NY 13073 I { Cornell University 11093 Group LLC Yunis Properties LLC 1295 Main Street,Suite 210 Real Estate Department 214 Church Street Buffalo, NY 14203 Box DH, 15 Thornwood Drive Elmira, NY 14901 Ithaca, NY 14850 Etiquettes fadles 6 paler 1 sans de Repllez 8 la hechu a aft do vuww.avery com U*Isez le gallant AVEWO 5166 11 rhamomant MOW le rebord Pap-UpTu ; 1-800-60-AVERY ; Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Monday,January 22, 2018 @ 6:00 p.m. Present: Rob Rosen,Chair; Members Chris Jung, Bill King, George Vignaux, Caren Rubin and William Highland. Paulette Rosa, Town Clerk, Susan Brock, Attorney for the Town and Bruce Bates, Director of Code Enforcement Appeal of Dunkin Donuts, 302 Pine Tree Rd.,TP 62.4-2.1, Community Commercial Zone, Yunis Properties,LLC,Owner requesting a variance from Town of Ithaca Code Chapter 270-256 F (1) (b) f 11 to be permitted to have a freestanding sign consisting of an order (menu)board exceeding the square footage allowed. Tom Santorri, franchise owner, was present to answer questions from the board. He explained that the two wings would be added to the menu board and they would not be illuminated. The added wings would show the promotions/products for the month which people wouldn't really know about any other way except possibly a commercial so this would save people time by being able to see them instead of the cashier having to recite them. Mr. Rosen opened the public hearing at 6:05 p.m.; there was no one wishing to address the board and the hearing was closed. Mr. Rosen stated that the Town Board just finished implementing a new sign ordinance and this request is for a 30% increase over what is allowed and he doesn't see any justification for that. He added that he did a site visit and most of the other signs in the area are not as big as being requested. Mr. King asked the applicant to describe what was going to be on the signs asking if it is images or text and Mr. Santorri showed pictures from his phone which were later sent for the record. Ms. Brock asked that the board get the minutes of the Planning Board and they took a moment to read those. Mr. Highland, Mr. Vignaux and Ms. Rubin did not feel the request was out of character with the neighborhood or a big deal and felt it would not set a precedent for others to request the same because of the location of the sign and the distance from the road. Mr. Rosen, Mr. King and Ms. Jung were concerned about the size of the sign and setting precedent. The board discussed the size and orientation of the proposed sign at length and it was determined after quite a bit that some members were under a wrong impression of where the proposed sign was going to be. ZBA 2018-01-22 pg. 1 The Planning Board site plan was pulled up and after more discussion and interaction with the applicant, looking at Google Earth and other photos on the applicant's phone, it exact location and orientation of the sign was determined. Once the orientation and location was determined, the Board noted that that changed a lot of the concerns because the sign would not be overly visible from the road,being maybe the edge of it being visible from Mitchell Street, it would not be illuminated and the location behind the building abuts vacant land and the distance from the public roadways buffers any impact. Mr. King and Mr. Vignaux addressed the precedent concern stating that the distance from the public roadway and the shielding of the sign by its placement behind the building were major factors mitigating concerns and making this request and ruling unique and applicable to this appeal alone. ZBA Resolution 0029-2017 SEQR Dunkin Donuts Sign 302 Pine Tree Road,TP 62.4-2.1 Monday,January 22,2018 Resolved that this Board makes a negative determination of environmental significance based on the information in Parts 1 &2 and for the reasons stated in Part 3 of the SEQR form. Moved: Rob Rosen Seconded Chris Jung Vote: Ayes—Rosen,Jung, King, Vignaux and Rubin ZBA Resolution 0029-2017 Area Variance Dunkin Donuts Sign 302 Pine Tree Road,TP 62.4-2.1 Monday,January 22,2018 Resolved that this Board grants the appeal of Yunis Properties, LLC, Owner requesting a variance from Town of Ithaca Code Chapter 270-256 F(1) (b) [1] to be permitted to have a freestanding sign consisting of an order (menu)board exceeding the square footage allowed with the following: Condition: 1. That the sign be installed substantially as shown on the drawings submitted to the Planning Board and shown at this meeting detailing the orientation of the sign, and with the following: Findings: That the benefit to the applicant outweighs any detriment to the health safety and welfare of the community, specifically that ZBA 2018-01-22 pg.2 1. The benefit the applicant wishes to achieve can be achieved by other means feasible given the sign could be smaller, however there will not be an undesirable change in the neighborhood character given that this sign can only be seen edge-wise from the public right of way and given the distance, approximately 100 feet, from the public right-of- way, and 2. That the request is substantial, approximately 30% larger than what is allowed, and 3. That there will not have any adverse environmental effects as evidenced by the negative determination in SEQR and the distance from the public roadways and the effect on the neighboring properties will be small given the wings attached to the menu board sign are relatively small and will not be illuminated, and 4. The hardship is self-created in that the applicant would like a larger sign than allowed, the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community for the reasons stated above. Moved: Rob Rosen Seconded: Caren Rubin Vote: ayes—Rosen,Rubin, Jung, King, and Vignaux Other Meeting Dates Mr. Rosen moved that the Zoning Board of Appeals will be held on the second Tuesday of the month from this point forward; seconded by Mr. Vignaux, unanimous. Training Mr. Bates reviewed some training opportunities for members Adjournment Meeting was adjourned at 7:38 p.m. Submitte 1 Paulette Rosa,Town Clerk ZBA 2018-01-22 pg. 3 Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part l -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Dunkin Donuts Sign/Menu Board for Drive through Project Location(describe,and attach a location map): 302 Pine Tree Rd Brief Description of Proposed Action: Dunkin Donuts received Planning Board approval for a drive through and the associated sign with the menu board wings exceeds the allowed size of 32 sq ft by'7.73 sgft for a total of 41.73 sgft Name of Applicant or Sponsor: Telephone: 315-638-1448 Yunis Properties,Owner,Met Signs,Agent-Thomas Santurri E-Mail: metsigns2@verizon.net Address: 3760 Patchett Rd City/PO: State: Zip Code: Baldwinsville NY 13027 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Planning Board approval for site plan granted November 2017 ❑ 3.a.Total acreage of the site of the proposed action? N/A acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. [:]Urban ❑Rural(non-agriculture) []Industrial m Commercial 0Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic []Other(specify): Cemetery ❑Parkland Pagel of 3 5. Is the proposed action, NO_'' VES ._N/aim....' a,A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan'? ❑ 6. is the proposed action consistent with the predominant character of the existing built car natural _ NO � "ITS landscape? 7. Is the site of the proposed action located in or does it adjoin,a state:.listed.Critical Environmental Arca? NO YEAS If"Yes,identify _. ...... ____...._._.,_. _ _---------__ _ ___.._w.______._n___ _ . _..... .... _...... . .... .. & rt. Will the proposed action result in a substantial increase in traffic above present levels`? sC) l'1 S 121 1:1 b.Are public transportation service(s)available at or near the site ofthc proposed action? El Z c. Arcany pedestrian accommodations or bicycle rOertes available rata or near site c,6"the prcrpaer^.;eci atcticatt'., .Does the proposed action meet or exceed the state energy carte requirements? NO `t°E;S 11 the proposed action will exceed requirements,describe design features and temologies —1 �El f*h?t Ataplicabte... 1t1. Will public/private water supaply? NO Vp?S If" No,describe method fiar providing potable water: 11. Will the proposed action connect to existing wastewater utilities? N0 YES If No,describe method for 1)rovIding wastewater treatment: 12. a. Docs the ,tte con taaiii a structure ifaat is listed can either the State or Nat ionaI Rep,ister off Iistoric NO YES_ flares"? r b.Is the proposed action located in an archeological sensitive area'? 13.a. foes any portion ofthemmsite ofmthe proposed action.or Iands adjoining;the proposed action,contain N.0 YES __ ._ _.. wwetltaracs or other waterbcaclias rep.?tcltttecl ki}" a federal,slate or local aa;ttcy:' ,�j' b. Would the proposed action physically alter,or encroach into.aray existing wwetlaand or waterbody"? If Yes,identify the wetland or waterbcady and extent of alterations in ware feet or acres: 14Identify the typical habitat types that occur can,car are likely to be found on the project site. Check all that apply: M Shoreline Fj Forest ©Agricultural/grasslands jQ I�aarly" mid-successional r Welland M Urban Suburban 15. Does the site of'the proposed action contain any species of aninta'l,or associated habitats,listed NO YES by tire State or Federal government its threatened or endangered? 1 0 El 16. is the project site located in the '100 year flood plain?? NO ' YES 17. Will the proposed action create storm water discharge,either from point or•non-point sources"? NO `►'E'S a. 'wav'ilI storm water discharges flow to adjacent properties? E:]NO E]Yf la. WiIt storm water discharges be directed to established conveyance systems(runoff and storm dr•apns)"? IfY"cs,briefly describc: a NO DYp S Paye 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: Q ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: a I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE n Applicant/sp sor e: l L Date: l Signature: )A ZZXIVTF� PRINT FORM Page 3 of 3 Agency Use Only[If applicable] Project: 302 Pine Tree Rd Date: 1/9118 Short Environmental Assessment Form Part 2-Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑✓ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑✓ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? ❑✓ El 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑✓ ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑✓ El PRINT FORM Pagel of 2 Agency Use Only[If applicable] Project:F 302 Pine Tree Rd Date11/8/18 Short Environmental Assessment Form Part 3 Determination of Significance ]'or every question in]'art 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not reSU1( ill aSignifiCant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail, idcntify the illlpad,illChiding any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how(lie lead agency determined that the impact may or will not be significant. I'lach Potential impact should be assessed considering its settin,(,,,, probability of occurring,duration, irreversibility,geographic scope and magnitude. Also consider the potential for short- term, long-term and Cumulative impacts. This prosed action is to allow the adding of wings to a sign that would be allowed without the wingis, thus exceed the the allowable square-footage of a free standing sign per town zoning. The NY State EAF mapper answer yes to Part 1/question 12b and Part 1/question 13a. However, this site is already developed and this action of allowing a bigger sign would have no or a small impact on the environment. ECheck this box ifyou have determined, based oil the inflorination and analysis above, and any supporting documentation, that the proposed action nlay result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ZCheck this box if you have determined, based oil the information and analysis above,andarly supporting documentation, that the proposed action will not reSUh in any significant adverse environmental impacts. Town of Ithaca Zoning Board of Appeals Name of Lead Agency Date Rob Rosen Chairperson .............__ __................. .......... Print or Type Name of Responsib e 01"ficer in Lead Agency fitle of'ResponsiWe Officer AI— ..__.... Signat Lire of Rspdhsible Officer in Lead Agency S4""ature of Preparer(if'diffirent from Res 11. ble Officer) ........................................­­............................ PRINT P7FVPage 2 oft