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HomeMy WebLinkAboutZBA Minutes 2015-12-14 TOWN OF ITHACA ZONING BOARD OF APPEALS Monday,December 14, 2015 Board Members Present: Rob Rosen, Chair; Bill King, and John DeRosa, Christine Decker, and Chris Jung; Alternates George Vignaux and Carin Rubin Staff Present: Bruce Bates, Director of Code Enforcement; Paulette Terwilliger, Town Clerk; Susan Brock, Attorney for the Town Mr. Rosen opened the meeting at 6:00 p.m. Mr. Rosen and Mr. King recused themselves from the appeal of Longhouse Cooperative because they both work for the company installing the array although they are not on this particular project. Mr. Rosen and Mr. King sat in the audience. Mr. DeRosa volunteered to chair the meeting for the appeal. Appeal of Tatiem Engineering,Agent and Longhouse Cooperative Inc., owner,requesting a variance from the requirements of Chapter 270-219.1B (3) (5) "Solar Collectors and installation" of the Code of the Town of Ithaca to install a 2,700+/- square foot ground mounted solar panels that exceed the allowed 1,000 square feet, and a variance from the required side or rear yard placement location to place it in the front yard,property located at 770 Elm Street Ext., TP 28.4-28.4,LDR Ms. Brock noted that the public hearing notice listed the percentage of the variance as 36% where it is actually 170%but stated that since the figures of the maximum allowed and the size requested were both given, the typo is not substantive and the appeal could be heard. Tim Joseph, Maintenance Coordinator for the Longhouse Cooperative was present to answer questions from the board and stated that the application materials submitted explain that the Cooperative's land in question is possibly technically the front yard,but in actuality it is not used as a front yard and then some cases the definition doesn't match the actuality. He added that the size of the array is necessary since it will be serving nine houses in the Cooperative. Ms. Rubin asked Mr. Bates and Ms. Brock how the location fits the definition of a front yard and Mr. Bates responded that the definition states that it is from the front of the structure to the road so you have to take the closest structure to the road and follow that plane out. Ms. Brock added that the Town Board knew this definition would not fit every case but you have to have a definition and this covers most properties. She also added that the Codes & Ordinances Committee is working to revise the Solar Collector law because it was written over 10 years ago when there weren't many in the town and the impacts were not known. Since then things have changed and the impacts are known and not thought to be significant and acceptance and support for alternative energy is very positive in the Town. She noted that the Committee is in favor of allowing collectors in front and side yards but this Board has to rule according to the law in effect now. ZBA 12-14-2015 Pg 1 The Board discussed SEQR and Ms. Brock read the definition of Type 2 under SEQR which states that"construction ....minor accessories or structures....decks, satellite dishes....are exempt"and she thought the board should discuss whether they thought the array fit under the exemption with the word"minor." The board thought that given satellite dishes were in the definition and a barn which could be very large also, the board determined the array fit under the definition of Type 2 and stated no SEQR would be needed. Mr. DeRosa opened the public hearing at 6:10 p.m. There was no one present and the hearing was closed. ZBA Resolution 0066-2015 Area Variance Longhouse Cooperative, Inc 770 Elm Street Ext TP 28.4-28.4 December 14,2015 Moved: John DeRosa Seconded: George Vignaux Resolved that this board grant the appeal of Tatiem Engineering, Agent and Longhouse Cooperative Inc., owner,requesting a variance from the requirements of Chapter 270-219.1B (3) (5) "Solar Collectors and installation" of the Code of the Town of Ithaca to install a 2,700+/- square foot ground mounted solar panels that exceed the allowed 1,000 square feet, and a variance from the required side or rear yard placement location to place it in the front yard, property located at 770 Elm Street Ext., with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically 1. That the benefit to the applicant cannot be achieved by any other means feasible, given the unusual nature of this development and the unusual number of buildings on the parcel and the size of the lot; the panels might have been detrimental if the board were looking at a typical residential lot but they are not problematic given the size and scope of this project in relation to the size of the lot, and the size of the panels are needed to serve the number of buildings and people in the development and there is no other location on the lot to place the panels which would not interfere with the use of the buildings and other purposes, and 2. There will not be an undesirable change in the neighborhood character or to nearby properties because this is a sizeable lot and the area in question, while technically it falls in the definition of a front yard, it doesn't apply very well to this parcel and the array is shielded from view from the road by trees and the distance to the road is substantial, being approximately 250 feet, and ZBA 12-14-2015 Pg 2 3. The appeal is substantial given the size being 2,700 where 1,000 is allowed and the placement in the front yard which is prohibited, but given the size of the parcel, it is outweighed by the factors as stated above, and 4. There will be no adverse physical or environmental effects but will actually benefit the community in terms of lowering emissions and there is no noise or heat generated by this array. And with the following Condition: That the array be constructed and located substantially as shown in the plans submitted to this board. Vote: Ayes—DeRosa, Rubin, Vignaux, Decker, Jung and Shaw Unanimous Recused: King and Rosen Mr. Rosen and Mr. King returned to the board table and Mr. Rosen resumed Chair duties. Other Business: Approve Schedule for 2016 Ms. Decker moved to approve the schedule as submitted, seconded by Mr. Vignaux,unanimous. Membership and Chair Mr. Rosen was interested in continuing as Chair and Mr. King, Mr. Vignaux and Ms. Rubin were interested in being reappointed. Ms. Terwilliger will inform the Town Board. Ms. Decker moved and Mr. Vignaux seconded recommending to the Town Board the reappointment of Mr. Rosen as Chair for 2016. Approval of November Minutes Mr. Rosen moved the approval of the minutes, Ms. Jung seconded. Unanimous Minutes of September—Ms. Terwilliger reported that a mistake in the adopted minutes of September was discovered; the word"dock"was used instead of"deck"in one instance and the implication is substantive. She reported that she listened to the audio twice, made the change in an annotated paragraph to the existing minutes so that in the future, any minutes presented without the annotation would be invalid. Mr. Rosen moved to accept the revised minutes, seconded by Mr. DeRosa. Unanimous Meeting was adjourned at 6:30p.m. Subm' e au to erwilliger, Town Clerk ZBA 12-14-2015 Pg 3 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Lori Kofoid, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: O ADVERTISEMENT (,NOTICE OF PUBLIC HEARINGS UIC--/7 A -E c e� ToWN C4f i l4 r Appi?NIhNC BOARD NOMEOMBUG tttAfiING$ Mc,nday'Desernberil4,2015 2T5 Notif,riopa krnk t, {ttlrlUrd 60 P.k 4pprrjal of"S sem;,Eogl oeer. ug,Agent and'1-pughouse Location of Sign Board Used for Posting: �,Ooperruve Inc", o,wom re• g2rnstro2 uadaropa ewe Town Clerks Officete,eda � a> tb t B'(3)(5 0$ fie• 215 North Tioga Street snd rMatl� tdr� er trra o d of ttie roe, 7�'1600 Ithaca, NY 14850 te;onei�rlo a 27 r��a oor ground'nrakililed, li t. panels that,exceed t5s Of- lowed 1000 square feet I*, Date of Posting: December 2, 2095 36^%ono avartanetifrorntiae req*ed side or rear yard placement Ioimtjon to.plaae it to the front yerd,located at i Date of Publication: December 4, 2015 7'74 Elm Bk t,Tax Parwl No 6,t 25.4, LOB 1LO v Density Rout¢4e6tieJ, Bruce W.Bates.. Director of Code Bn#uzrcemeat 607.273-1766. Lori KO oid foe 4/201 xeatx 2a;act Deputy Town Clerk L STATE OF NEW YORK) COUNTY OF TOMPKI S) SS: TOWN OF ITHACA) Sworn to and subscribed before me this q ° °_... day of � 7w' , 2015. Notary.,public [zebra DeAugistine Notary Public-Stag of New York No.01 DE6148035 Qualified in Tompkins County p My Commission Expires June 19,20 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) 1, Lori Kofoid, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca,New York. That on the 2nd day of December 2015,deponent served the within Notice upon the property owners listed on the attached document,of the following Tax Parcel Numbers: 770 Elm St Ext.,Tax Parcel 28.-1-28.4,Area Variance 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 S)ate of New York. CLori Kofo 1,Deputy T0W1i Cler Town of Itl aca Sworn to before me this 2nd Day of December 2015. ry Notary public Debra DeAugistine Notary Public-State of New York No.01 DE6148035 Qualified in Tompkins County MY Commission Expires June 19,20 770 EIIn St Ext TP 28.-1-28.4 Cornell University Breton Bienvenue&Maria DeFrancesco Michael Carver PO Box DH 750 Elm St Ext PO Box 793 Ithaca,NY 14853 Ithaca,NY 14850 Ithaca,NY 14851 Bert Gildersleeve David and Sarah Locke Mountin Longhouse Cooperative Inc 4135 Tichenor Rd 738 Elm St Ext 770 Elm St Ext Hector,NY 14841 Ithaca,NY 14850 Ithaca,NY 14850 Stephen III&Paula Pete Claire H Fox&Mark Zil'chock 455 Lowden Point Rd 786 Elm St Ext Rochester,NY 14612 Ithaca,NY 14850 Jim Hoepf ager&Sylvia Beneway Noemi Kraut 730 Elm St Ext 635 Elm St Ext Ithaca,NY 14850 Ithaca,NY 14850 William&Sharon Alberta Ecovillage at Ithaca Inc 751 Elm St Ext 100 Rachael Carson Way Ithaca,NY 14850 Ithaca,NY 14850