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HomeMy WebLinkAboutZBA Minutes 2025-01-28Town of Ithaca Zoning Board of Appeals January 28, 2025 DRAFT Minutes Present: Board Members Connor Terry, Chair; Chris Jung, Matthew Minnig and Larry Sallinger Marty Moseley, Director of Code Enforcement; Ashley Colbert, Deputy Town Clerk; and Susan Brock, Attorney for the Town Mr. Terry opened the meeting at 6:00 p.m. ZBAA-24-18 Appeal of S Roberts WC Land LLC, owner of 111 Wiedmaier Ct.; Jared Lusk, Applicant/Agent. Requesting an Extension of"Shot Clock"from January 28, 2025 until the February 25, 2025 meeting of the ZBA. Jared Lusk requested an extension to the shot clock until the February 25, 2025 meeting of this Board due to delays in gathering the information the Board requested at the last meeting. Motion made by Mr. Terry to extend the shot clock through February 25, 2025 to allow additional time to submitted requested materials, seconded by Matthew Minnig, unanimous. ZBAA-24-32 Appeal of the Town of Ithaca, Owners, 114 Seven Mile Dr., LDR., TP 33.- 2-6.1; David Oshea, Agent, seeking relief from Town of Ithaca Code section 270-219.5 Stream setback) for a proposal to construct elements of an electric vehicle charging station and related construction activities/amenities, or a portion thereof, in the stream setback area where building activities are not permitted. David O'Shea gave an overview, saying that the Town would like to install an EV charging station at the Public Works Facility for town vehicles. The existing parking lot predates the stream setback zoning and is entirely within the stream setback area. The soil disturbance will be temporary and consist of a trench approximately 2'-3' ft deep and 1' wide to bury the electrical wire. Public Hearing—Mr. Terry opened the public hearing, there was no one wishing to speak and the hearing was closed. Determination ZBAA-24-32 Area Variance 114 Seven Mile Dr., LDR., TP 33.-2-6.1. Resolved that this Board grants the appeal of the Town of Ithaca seeking relief from Town of Ithaca Code section 270-219.5 (Stream setback) for a proposal to construct elements of an electric vehicle charging station and related construction activities/amenities, or a portion ZBA 2025-01-28 Filed 2/10)1 thereof, in the stream setback area where building activities are not permitted, with the following Conditions 1. That the facility be built substantially as shown in the application materials submitted to this board, and Findings That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically 1. That the benefit the applicant wishes to achieve could be achieved by other means, but a different location would involve significantly more soil disturbance and increased costs. The proposed location is the least invasive location to achieve the benefit, and 2. That there will not be an undesirable change to neighborhood or to nearby properties in that this site is separated by some dense woods from nearby properties which are some distance away and a charging station is not out of character for this type of facility, and 3. That the request is substantial in that no building is permitted within a stream set back area, but this is mitigated by the pre-existing paved parking lot withing the setback zone and the minimal disturbance installing the charging station will have, and 4. That there will not be any adverse physical or environmental effects as this is Type 2 under SEQR and there is no permanent disturbance of the soil, and 5. That the difficulty is self-created in that a charging station is desired, but the Facility is a designated Emergency Station for the Town, the Green Fleet Policy requires electrical vehicles be considered preferable as fleet replacement occurs and the parking lost is pre- existing, nonconforming as the stream setback legislation occurred after the facility being constructed. Moved: Connor Terry Second: Larry Sallinger Vote: Ayes- Terry, Jung, Sallinger, and Minnig Other Items: Training opportunities and upcoming variance requests were previewed. Motion made by Mr. Terry, seconded by Ms. Jung for Matthew Minnig to be appointed Vice- Chair for 2025, unanimous. Meeting was adjourned upon motion and a second, unanimous. Submitted by r Monica Moll, Deputy Town Clerk ZBA 2025-01-28 Filed 2/10) 2