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HomeMy WebLinkAboutZBA Minutes 2015-03-25 SPECIAL MEETING OF THE TOWN OF ITHACA ZONING BOARD OF APPEALS Wednesday,March 25,2015 Present: Rob Rosen, Chair; Members Bill King,Christine Decker, Chris Jung, and John DeRosa Alternate George Vignaux Staff: Bruce Bates, Director of Code Enforcement; Paulette Terwilliger,Town Clerk,Creig Hebdon, Town Engineer and Susan Brock,Attorney for the Town Mr.Rosen opened the meeting at 5:00 p.m. APPEAL of the Town of Ithaca, Creig Hebdon,Agent, seeking an area variance from Chapter 270-70 "Height Limitations"to be permitted to construct a water tank replacing the existing water tank at 234 Sapsucker Woods Road with a height that exceeds the maximum allowed. Mr.Hebdon gave an overview of the project stating that the town will be erecting a new water tank to replace the existing one which is over 50 years old. The new tank will be different in shape and height and will almost double the amount of usable water and provide better pressure and water quality to the existing customers. Discussion followed and the board discussed the height and visibility and Mr.Hebdon directed them to the submitted pictures showing the existing tank and what the new one would look like. He noted that there are trees in the area and the new one would be more visible but given that there has always been a tank visible in that location,he did not think it was a detriment. Mr.Hebdon added that the town has received FAA approval for the proposed height of the tank. There will be no disruption in service because the existing tank will stay online until the new one is erected and ready. The board discussed the construction timeline and the nesting period for the birds in the area and Mr. Hebdon responded that they will need to start in May because of the drying process for the tank and there is no way construction can start after the early July recommended for the nesting birds. It was noted that there are many areas around the property where the birds could nest. ZBA Resolution No.2015-001 SEQR Sapsucker Woods Tank Area Variance—Height 234 Sapsucker Woods Road,TP 70.40-2 March 25,2015 Motion made by Rob Rosen, seconded by Christine Decker Resolved that this board makes a negative determination of environmental significance regarding the appeal of the Town of Ithaca,Creig Hebdon,Agent, seeking an area variance from Chapter 270-70 "Height Limitations"to be permitted to construct a water tank replacing the existing water tank at 234 Sapsucker Woods Road with a height that exceeds the maximum allowed based on the information in Parts 1 and 2 and for the reasons stated in Part 3 of the SEQR Form. Vote: Ayes—Rosen,Decker,King,DeRosa and Jung Mr.Rosen opened the public hearing at 5:15 p.m. There was no one present to address the board and the hearing was closed. ZBA 3-23-2015 1 ZBA Resolution No.2015-002 Area Variance -Height Sapsucker Woods Tank 234 Sapsucker Woods Road,TP 70.-10-2 March 25,2015 Motion made by Rob Rosen, seconded by Christine Decker Resolved that this board grants the appeal of the Town of Ithaca,Creig Hebdon,Agent, seeking an area variance from Chapter 270-70"Height Limitations"to be permitted to construct a water tank replacing the existing water tank at 234 Sapsucker Woods Road with a height that exceeds the maximum allowed with the following: FINDINGS 1. There will not be an undesirable change in the neighborhood character or to nearby properties given that a tank has existed in that location for over 50 years, and 2. That the benefit to the community does outweigh any detriment to the community in that the new tank will provide significantly better water pressure to the users,and for the reasons listed on the Area Variance Criteria Form submitted by the applicant in their packet to the board,and 3. That the request will not have any adverse physical or environmental effects for the reasons stated in the SEQR form and for the reasons stated in the application,and 4. That the difficulty is not self-created in that the tank will be replacing and existing tank and there is no other place to put the tank based on the engineering report by GHD commissioned by the Town,and 5. That although the variance is substantial,given that it is 65 feet higher than what is allowed in the zone, again,there is a tank existing that was installed before zoning was enacted and the zoning does not address this type of public infrastructures,and with the following CONDITIONS 1. That the tank be erected substantially as shown in the application submitted,and 2. That the tank not exceed 105 feet tall. Vote: Ayes- Rosen,Decker,Jung,King and DeRosa Meeting was adjourned upon motion and a second at 5:23p.m. Submitted k7��— Paulette Terwilliger,Town Clerk ZBA 3-23-2015 2 Paulette Terwilliger rlo` From: Paulette Terwilliger Sent: Wednesday, March 18, 2015 1:45 PM To: 'cayuga Radio Group'; Cornell Chronicle (cunews@cornell.edu); Cornell Daily Sun (news@cornelldailysun.com); Finger Lakes Community Newspapers (editor@flcn.org); 'Ithaca College WICB (news@wicb.org)'; 'Ithaca Journal '; 'Ithaca times';Ithaca Times (editor@ithacatimes.com); 'Ithaca Voice'; 'Jim Graney';Tompkins Weekly (editorial@tompkinsweekly.com) Subject: Notice of Special Zoning Board of Appeals meeting Special Meeting of the Town of Ithaca Zoning Board of Appeals A special meeting will be held on Weds, March 25, 2015 at Town Hall beginning at 5:00 p.m.with a Public Hearing to consider an Appeal of the Town of Ithaca seeking an area variance from Chapter 270-70 "Height Limitations" to be permitted to construct a water tank replacing the existing water tank at 230 Sapsucker Woods Rd with a height that exceeds the maximum allowed. At such time, all persons interested in the subject can be heard concerning the same. Paulette Terwilliger Town Clerk 1