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HomeMy WebLinkAboutZBA Minutes 2013-03-18 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday March 18,2013 215 North Tioga Street, Ithaca 7:00 P.M. Board Members Present: Kirk Sigel, Chair; Ron Krantz, Rob Rosen, Bill King,John DeRosa Alternates: Christine Decker and Chris Jung Staff: Bruce Bates, Director of Code Enforcement, Paulette Terwilliger, Town Clerk and Susan Brock,Attorney for the Town Mr. Sigel opened the meeting at 7:00 p.m. Continuation of the adiourned appeal of Petrillose Properties, LLC, owner, Noah Demarest, agent requesting a variance from the requirements of Chapter 270-71C "Side yard setback" for Lot A, and Chapter 270-71 A & C "Front yard and side yard setback" for Lot B of the Town of Ithaca Code, to be permitted to construct 1 structure on each Lot A and B that have insufficient lot size and yard requirements, pending subdivision approval, located at 103 Wiedmaier Ct,current Tax Parcel No. 56.4-1.24,Medium Density Residential. Noah Demarest,Architect and Chris Petrillose, Owner were present Mr. Sigel asked the applicant if the plans the Zoning Board have are exactly what the Planning Board approved and Mr. Demarest said they were. Mr. Demarest added that the Planning Board seemed very happy with the modifications they made and although it is not required, he has confirmed that they are 50 feet away from the stream setback which the Planning Board was concerned about and they were happy with the distance. He added that the Planning Board was also happy with the reduction overall of the footprints and the reduction of the impervious surface, the addition of the fence and the moving the buildings away from the no-disturbance area. Mr. Sigel asked Mr. Demarest if it was his belief that they meet the County's minimum requirement for stream setback and Mr. Demarest responded yes and Ms. Brock and Mr. Bates agreed. Mr. Sigel noted that that would negate the need for a super majority on the appeal. Mr. Demarest noted that at the last Zoning Board meeting there was some discussion about how close the buildings were to each other and the variance they are requesting of a 10 foot sideyard and the thought that maybe they could stretch the buildings apart a little bit, but he thought that the configuration the way it is now significantly reduces the impervious coverage and they would really like to keep it that way. He added that they are looking at further reducing the footprint by possibly reducing the size of the porch a little bit but they would like to keep the request at 10 feet just in case. ZBA 3-18-2013 pg. 1 Mr. DeRosa asked about the fairly long email they had received at the last meeting from a concerned neighbor and asked if there was any follow up to that email. Ms. Brock responded that there was another email submitted to the Planning Board and the neighbor indicated she was satisfied with the conditions imposed by the Planning Board. Mr. DeRosa read portions of the letter: "The new building plans show that Mr. Petrillos has reduced the size of the buildings and of the paved area. If he follows the Planning Boards restrictions during construction and in the future, then I withdraw my objections to this particular subdivision although my comments about what constitutes a neighborhood ought to be taken into consideration." Mr. Rosen stated that he is still concerned about the closeness of the buildings noting that most variances that come to the Board are for existing buildings but this is new construction on a new lot and the lot is big enough for the conforming setbacks and he doesn't see how having 10 feet of greenspace between the driveways would make for more paved area. Mr. Demarest explained that it is a function of getting into the garages so if you move the buildings further away, the pavement is going to stretch out with them and there is not enough space to have two driveways which would add more greenspace but that isn't possible and they are constrained by the area of no disturbance which is forcing the building very close to the property line. Mr. Rosen felt that the buildings were too close together and the amount of pavement suggested is not realistic for people to park and the reality is that the parking area is going to be bigger than what is depicted and this variance to have the houses closer together is unrealistic and unnecessary. Mr. Sigel stated that his opinion is the applicants proposal is reasonable because of the constraints of the area of no disturbance and although you could argue that this was originally subdivided as a single lot, it is a large lot and they can make two legal lots except for the deficiency in the width on the one but it is an acceptable plan given the restraints and the goals they are trying to achieve and in general this type of clustering is a good thing that allows some shared usage of the driveway/parking area. Mr. King did not feel it was appropriate use of the land there,but given what the Planning Board has allowed them to do, he thought the variance does make it a better proposal. Mr. Sigel agreed, saying that the variances on their face are not that significant given that the subdivision was approved. Ms. Brock noted that the Planning Board could not take into consideration the variances, and they have to ignore the fact that variances would be needed and this Board should not read anything pro or con from their approval into what this Board has to decide. You can take into account their site plan recommendations and conditions. Mr. King said that given that the subdivision was approved this is the only option. Mr. Sigel noted that the area of no disturbance is an older Planning Board restriction which pretty much ensured that if you wanted to get two lots out of this, you were going to get this type of proposal given all the restrictions. Mr. Sigel opened the public hearing regarding the appeal. There was no one wishing to address the Board on this appeal and the hearing was closed. ZBA 3-18-2013 pg. 2 ZBA Resolution No. 2013-08,Area Variance, Chris Petrillose, 103 Wiedmaier Ct, TP 56.4-1.24 Motion made by Kirk Sigel, seconded by Ron Krantz That this Board grants the appeal of Petrillose Properties, LLC, requesting a variance from the requirements of Chapter 270-71C"Side yard setback"for Lot A, and Chapter 270-71 A& C "Front yard and side yard setback"for Lot B of the Town of Ithaca Code, to be permitted to construct 1 structure on each Lot A and B that have insufficient lot width at the required setback and insufficient side yard setbacks located at 103 Wiedmaier Ct, current Tax Parcel No. 56.4- 1.24, Medium Density Residential. Conditions 1. that the project be built substantially similar to what is proposed on the plans submitted to this board at our prior meeting with the understanding that the buildings could become smaller and not require any modification of the variance and 2. with the conditions enumerated by the Planning Board's resolution 2013-10 1(b) through 1(i): b. Prior to signing of the plat by the Planning Board Chair, revision of the subdivision plat to: (1)note the declaration of restriction reference that is located in the upper right corner of the former survey map ("Survey Map—Lands of Clare George Wiedmaier, dated 8/2012"), regarding construction on the rain gardens, (2)show the area of no disturbance that is noted on Sheet L100—"Site Layout Plan," dated January 3, 2013 and revised February 12, 2013, and (3) add the statement that"there shall be absolutely no disturbance including grading, storage of materials,vehicle parking, etc. in the designated no disturbance area," and c. Submission for signing by the Chairman of the Planning Board of an original copy of the final subdivision plat, and three dark-lined prints, revised per condition"b" above,prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department, and d. Submission of an easement and maintenance agreement for the shared driveway between Lots 2A and 213, for review and approval by the Attorney for the Town, and submission to the Town Planning Department of the filing receipt from the Tompkins County Clerk's Office for the filing of the approved agreement,prior to the application for any building permits, and e. Submission of an easement and maintenance agreement for the existing rain garden located between newly created Lot 2B and original Lot 4, for review and approval by the Attorney for the Town, and submission to the Town Planning Department of the filing receipt from the Tompkins County Clerk's Office for the filing of the approved agreement,prior to the application for any building permits, and ZBA 3-18-2013 pg. 3 L Approval of a final stormwater management plan and associated calculations by the Town Public Works Department, prior to the application for any building permits, and g. To protect the restored woods, embankment, and stream located on the site, construction fencing shall be installed prior to construction on any of the lots and shall remain until a certificate of occupancy is issued for the last unit constructed. Said fencing shall delineate the boundaries of the "allowable limits of disturbance" that is noted on Sheet L100—"Site Layout Plan," dated January 3, 2013 and revised February 12, 2013, as carried over from former sheet CO3, titled "Lots 1-4 Plan" of the "2007 Update Wiedmaier Court Subdivision,"date- stamped April 9, 2010, and h. Incorporation in all deeds of future homeowners of a statement that pesticide and herbicide use on their properties should be limited, as the entire area drains into the Six Mile Creek Watershed and City of Ithaca water supply, and i. Imposition of deed restrictions, subject to the approval of the Attorney for the Town, that prohibits the construction or erection of any structures on the new rain garden on Lot 2B and on the swale of Lot 2A, both as shown on the Site Layout Plan, Sheet L100, prior to the application for any building permits. 3. that the side yard setbacks on each lot be no less than 9.75 feet and that the width of lot 2B be no less than 75 feet with the following: Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit that the applicant wishes to achieve,which is that of subdividing this lot and building one 2-family home on each lot, cannot be achieved by any other means feasible given the large area of the lot that has been designated as an area of no disturbance by the Planning Board and a relatively small portion of the lot remains as buildable area for the two structures and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the nearby homes in this little subdivision are similar 2-family homes of similar size and 3. That the request is not substantial, given that the side yard setback is being reduced from 15 feet to 10 feet and then only for a relatively small area and that the main portion of each house does meet the required 15 foot setback and 4. That the variance of required width for lot 2B is substantial, being a reduction of almost 25% of the required width,but nevertheless the benefit to the applicant does outweigh any detriment to health, safety and welfare of the community, and ZBA 3-18-2013 pg. 4 -ti F 5. That the request will not have any adverse physical or environmental effects because of all of the restrictions set by the Planning Board regarding areas of no disturbance and other setback requirements, and 6. That while the alleged difficulty is self-created that again, the benefit to the applicant does outweigh any detriment to the health safety and welfare of the community. Vote: Ayes - Sigel, Krantz, DeRosa and King Nays—Rosen Motion passed Appeal of Jan Gorovitz and Christine Henseler, owners requesting a variance from the requirements of Chapter 270-204 "Non-conforming uses of land" of the Town of Ithaca Code, to be permitted to build a 600 + sq. ft. second story addition to enlarge a legally existing, non-conforming structure, located at 841 Taughannock Blvd,Tax Parcel No.25.- 2-33, Lakefront Residential Zone. Ernie Bayles and the Applicants were available for questions from the Board. Mr. Bayles explained that the way he understands it, anything that is done to this property requires a variance because it is a non-conforming property due to the two houses on the lot. Ms. Henseler added that they have had these plans essentially reviewed by the ZBA before when they did the addition on one half of the primary residence and now they have enough saved to do the second half. The Board asked if there would be any increase in the existing line of sight or the footprint and Mr. Bayles responded the sight line is the same and the square footage only increases by approximately 2 feet out along the length of the side of the house. Mr. Bates asked about the square footage because they have gotten mixed responses over the last few weeks. Discussion followed and it was determined that the current plans extend the deck the length of the addition which brings you to 700 square feet with the porch. The drawings that Mr. Bayles used at the meeting were stamped in by the Town Clerk and become the plans referred to in the ruling. The Board did not see any issues with the variance and Ms. Henseler added that they had emails from the neighbors on either side in favor of the project. Mr. Sigel read the pertinent parts of the email aloud: southern neighbor"...we have no problems with it and we know you will do a great job with it and we certainly have no complaints with the variances..." northern neighbor— "your building project sounds great..." and returned them because they had personal messages on them also. The Board agreed that both neighbors were in favor. Ms. Henseler also noted that they rent the other residence out and they are giving the renters a discount during construction. The Board reviewed SEQR and Ms. Brock made changes to Part I#8—answer is no and described the conflict by stating expansion of non-conforming use and#10—check other and put Cayuga Lake ZBA 3-18-2013 pg. 5 r ZB Resolution No.2013—09: SEOR Use Variance,Jan Gorovitz and Christine Henseler, 841 Taughannock Blvd,Tax Parcel No. 25.-2-33, Lakefront Residential Zone — MOTION made by Kirk Sigel, seconded by Bill King RESOLVED that this Board makes a negative determination of environmental significance based on the information in the Part I form and further for the reasons stated in the Part II environmental assessment form. A vote on the motion resulted as follows: AYES: Sigel, Krantz, DeRosa, King and Rosen NAYS: None. Motion was carried unanimously. Mr. Sigel opened the public hearing at 7:38 p.m. There was no one wishing to address the Board on this appeal and the public hearing was closed. ZBA Resolution No.2013-010 Use Variance,Jan Gorovitz and Christine Henseler, 841 Taughannock Blvd, Tax Parcel No. 25.-2-33, Lakefront Residential Zone Motion made by Kirk Sigel, seconded by Ron Krantz Resolved that this Board grants the appeal of Jan Gorovitz and Christine Henseler, requesting a variance from the requirements of Chapter 270-204 "Non-conforming uses of land" of the Town of Ithaca Code, to be permitted to build a 600 + sq. ft. second story addition to enlarge a legally existing, non-conforming structure, located at 841 Taughannock Blvd, Tax Parcel No. 25.-2-33, Lakefront Residential Zone with the following: Conditions 1. That the addition be built substantially as indicated on the plans submitted by the applicant at tonight's meeting and date stamped by the Town Clerk 3/18/2013 with the following: Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: ZBA 3-18-2013 pg. 6 1. That the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given that this is a non-conforming use of the lot and expansion of the structures cannot be done without a variance and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that nobody's view of the lake will be impeded, and in fact, the addition is hardly visible from the road and 3. That the request is not substantial, given that it complies in all respects with the zoning requirements except for the requirement that legally non-conforming uses not be expanded and 4. That the request will not have any adverse physical or environmental effects for the reasons stated in the environmental assessment form and 5. That while the alleged difficulty is self-created, by the applicants' desire to build the addition, that again, the benefit to the applicant does outweigh any detriment to the health safety and welfare of the community. Vote: Ayes - Sigel, DeRosa, Krantz, King and Rosen. Nays—None Motion passed. Appeal of Mathew Clark and Virginia Augusta, owners, requesting to amend a previous variance ZBA Resolution No. 2012-039 to allow a rear yard setback of less than 14.5 ft., located at 936A and 938 East Shore Drive,Tax Parcel No. 18.-5-7 and 18.-5-8, Lakefront Residential Zone (LR). Ms. Augusta explained that they received a variance last year and during the process of consolidating the lots and the associated survey, a new high-water mark has been identified which throws off the setback variance they had received. She felt that the highwater mark was caused by the failing wall which will be corrected when they can get going with this project. They would like the Condition#5 on the existing variance to be changed to allow for this new highwater mark. Ms. Augusta also asked about the life of the variance because so much time has been spent on the variance last time and now this one they may have missed the window of opportunity to start this season and she was concerned that the variance would not be valid by the time they get to start. Discussion followed and it was determined that the variance is active for 18 months and work must begin within that 18 month. Mr. Bates stated that beginning demolition of the existing buildings would constitute work beginning and the clock would start with this variance amendment. Mr. Sigel added that as long as you start something, the variance continues, the key is to begin work within the 18 months. Mr. Sigel opened the public hearing at 7:55 pm. There was no one wishing to address the board on this appeal and the public hearing was closed. ZBA 3-18-2013 pg. 7 ZBA Resolution No. 201.3—011: Amend ZBA Resolution No. 2012-039,Area Variance Clark and Augusta, 936A and 938 East Shore Drive, TP's 18.-5-7 and 18.-5-8 Motion made by Kirk Sigel, seconded by Ron Krantz Resolved that this Board grants the appeal of Mathew Clark and Virginia Augusta, owners, requesting to amend a previous variance, ZBA Resolution No. 2012-039 to allow a rear yard setback of less than 14.5 ft., located at 936A and 938 East Shore Drive, Tax Parcel No. 1.8.-5-7 and 18.-5-8, Lakefront Residential Zone (LR) and that this Board does amend the resolution, changing Condition 5's requirement from 14.5 feet to 7 feet and maintaining all of the findings and other conditions as is. Vote: Ayes - Sigel, DeRosa, Krantz, King and Rosen. Nays—None Motion passed. Meeting adjourned at 7:58 p.m. Submitted I i' A 10�11 Paulette Terwilliger, Town Clerk Approved by: Kirk igel, Chair ZBA 3-18-2013 pg. 8 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Lori Kofoid, being duly sworn, say that I a 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: ADVERTISEMENT: PUBLIC HEARING TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, March 18, 2013 7:00 P.M. Date of Publication: Monday, March 11, 2013 Location of Sign Board Used for Posting: Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Friday, March 8, 2013 Lori K oid Deputy Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 8th day of March 2013. Notary Public Debrel Dr Notary Public..... �iC'w York P10C)l 6ounty my commission ExpirEls June 19,20 TH,E ITRACA J AL TSN OF ETI40 NOTMr-6 Pf,,bl»is r��atarl�«�s Monday March 18,2013 215 North Tioga Street,Ithaca 7:00 P.M. Continuation of the ad lournedrappeal of Pebtllose Properties, LLC, owner; Noah Demarest,agent ro questing a variance from the requirements of Chap ter 270-71 C'Side yard set- hack for Lot A,and Chap. ter 270.71 A & C "Front yard and side yard setback'" for Lot"B of the Town of Mirada Code to be permit- ted to construct 1:struotuie ori each Lot A and B that' have insufficient lot siae and yard requia'ements, pending(subdivision apple val, located at 103 Wiedmaier Ct current'rax Parcel No.56,-4-1.24`;Me, s diurn Density Residential. Appeal of Jan Gorovit✓and Christine Wenseler,owners requesting a variance from the requirements of Chap, ter 270-204 'Non. conforming uses of laird"of the Town of IN aro Cade, to be permitted to build a 600r sq,.it, serond story addition to enlarge ,.a legally existing non.confiorminU structure, located at 841 Taughannook Blvd,TaxPar.; cel No:25.-2.33,Lakeftzrnt for individuals yith;special Residential7one. needs,uplo request. Re Appeal"cif"Mathew ClafIt, 7u t of omuleirat and Virginia Auguste,q�yn s thao 9 �flT l urs,requesting to amq'n(d ca lx previous variance Resolution No 2012.009" fy�� to allow a rear yard sed(og of less than 14 5 fi, d ed at 936A'and 938st 19i/ i1 Shore Drive, Tax Parcel 8/11%2 k1 No, 18,-5.7; 7"JS',A 8' Lakefront Reafderigal' qne Ssatanra"'11 be provided AFFIDAVIT OF SERVICE BY MAIL —6TATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) I, 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 6th day of March 2013,deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 103 Wiedmaier Ct,Area Variance Srijana&Jagadish Bajracharya Eleanor Foote Wilfred& 602 King Rd West 1640 Slaterville Rd Madeleine Graham Ithaca,NY 14850 Ithaca,NY 14850 1590 Slaterville Rd Ithaca,NY 14850 James Hamilton &Diane Florini Koenig Family Properties Katherine&Peter Marchetto 1603 Slaterville Rd 107 Golden Pheasant Dr 1586 Slaterville RD Ithaca,NY 14850 Getzville,NY 14068 Ithaca,NY 14850 Ames&Sally Pritt Robert Rightmyer Terry Singleton 1632 Slaterville RD 1691 Slaterville Rd 648 Amsterdam Ave Apt 2B Ithaca,NY 14850 Ithaca,NY 14850 New York,NY 10025 Victor&Marion Somma Clare George Wiedmaier Petrillose Properties LLC 120 Burns Rd 12419 Shelter Lane 179 King Rd East Ithaca,NY 14850 Bowie,MD 20715 Ithaca,NY 14850 Noah Demarest,RA,RLA,LEED AP STREAM Collaborative 405 E.Marshall St Ithaca,NY 14850 841 Taughannock Blvd,Area Variance Betty Jane Berggren David Bowlsby Larry Brown 119 Williams Glen Rd Ann Bowlsby Beth Ann Stillings Ithaca,NY 14850 2080 Elmira Rd 31 Larchmont Ave Newfield,NY 14867 Horseheads,NY 14845 Joe Francis Jan Gorovitz Mark Hartsuyker atricia Francis Christine Henseler Karen Kind Hartsuyker 65 Taughannock Blvd 841 Taughannock Blvd 819 Taughannock Blvd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 affidavit of Service by Mail Zoning Board of Appeals Meeting 3/18/13 Charles Henderson Holochuck Homes LLC Elaina McCartney KB Bassette 7 Brightside Ave John Carr 839 Taughannock Blvd East Northport,NY 11731 845 Taughannock Blvd Ithaca,NY 14850 Ithaca,NY 14850 Ithaca,NY 14850 Marion Mumford-Zisk NYS Electric &Gas Company Dana Scott Potenza 853 Taughannock Blvd 70 Farm View Dr Freeport 831 Taughannock Blvd Ithaca,NY 14850 New Gloucester,ME 04260 Ithaca,NY 14850 Allan G Snyder Jr Benjamin Weiner West Shore Apartments Sheila Snyder 304 Water St 107 Worth St 857 Taughannock Blvd Brooklyn,NY 11201 Ithaca,NY 14850 Ithaca,NY 14850 936A and 938 East Shore Dr,Area Variance Om and Sunanda Gupta Robert and Jill Hamer Thomas Hilton 37 Beckett Way 329 Vestal Rd 940A East Shore Dr / thaca,NY 14850 Vestal,NY 13850 Ithaca,NY 14850 Timothy and Linda Hinkin Jacqueline Kippola John and Ann Lango 305 Sanctuary Dr 920 East Shore Dr 926 East Shore Dr Key Largo,FL 33037 Ithaca,NY 14850 Ithaca,NY 14850 Thomas Miller Pennsylvania Lines LLC Wylie Schwartz PO Box 5041 110 Franklin Rd SE 923 East Shore Dr Cortland,NY 13045 Roanoke,VA 24042-0028 Ithaca,NY 14850 John Sepos Frank and Sari Signorelli Michael and Leigh Slattery 940B East Shore Dr 104 Manderson Rd 632 Sunset Dr Ithaca,NY 14850 Syracuse,NY 13224 Endwell,NY 13760 Richard Southworth George Spisak Shirley Valenza 603 Hudson St 929 East Shore Dr 5 Neptune Dr,Apt 110 Ithaca,NY 14850 Ithaca,NY 14850 Dryden,NY 13053 Village of Cayuga Heights Donald Weir Mary Louise Zaharis 836 Hanshaw Rd 18955 Masons Dr 919 East Shore Dr Ithaca,NY 14850 Lutz,FL 33558 Ithaca,NY 14850 2 -,° "Affidavit of Service by Mail Zoning Board of Appeals Meeting 3/18/13 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United S tes Post Office Department within the State of New York. F , M. ( 1 d ',ori Kofoid, Deputy Town Cl rk Town of Ithaca Sworn to before me this 6`t' day of March 2013. atary Public -- Debra CeA Agustin !Votary Public-State of New York � No.01 DE6148035 Cluaiified in Tompkins County My Commission Expires June 19,26 3