HomeMy WebLinkAboutZBA Minutes 2025-03-11 Town of Ithaca
Zoning Board of Appeals
Tuesday March 11, 2025, at 6:OOpm
215 N. Tioga St.
AGENDA
• Public Hearing and Consider: ZBAA-25-4 Appeal Ithaca College, Owner of
953 Danby Rd; Mabel Gutliph Agent: is seeking relief from Town of Ithaca
Code section 270-254 (Residential and Conservation Zones) and Section 270-
223 (Fences and walls; retaining walls). The proposed sign would exceed 50
square feet for a single sign, exceed the maximum freestanding sign height of 6
feet, and allow for internal illumination, where it is not allowed to be internally
illuminated per section 270-254 of Town of Ithaca Code. The proposed fence
height would exceed section 270-223 of the Town of Ithaca Code, which allows
for a maximum height of 6'. The property is located in the Medium-Density
Residential District Zone, Tax Parcel No. 41.-1-30.2
• Public Hearing and Consider: ZBAS-25-2 Appeal Ithaca College, Owner of
953 Danby Rd; Mabel Gutliph Agent: is seeking relief from the Town of Ithaca
Code, section 225-3 (New buildings required to have sprinkler systems) for a
proposal to construct a press box building (professional building) without a
sprinkler system. The property is located in the Medium-Density Residential
District Zone, Tax Parcel No. 41.-1-30.2
• Public Hearing and Consider: ZBAA-25-5 Appeal Cornell University, Owner
of 301 Pine Tree Rd, James Ballantyne, Agent: is seeking relief from Town of
Ithaca Code section 270-117(1) (yard regulations) for a proposal to reduce the
front yard setback, where section 270-117(1) requires a front yard setback of 50'
measured from the highway right-of-way. This portion of the project is located in
the Vehicle Fuel and Repair District Zone, Tax Parcel No. 62.-2-1.13
• Public Hearing and Consider: ZBAA-25-6 Appeal Cornell University, Owner
of 301 Pine Tree Rd, James Ballantyne, Agent: is seeking relief from Town of
Ithaca Code section 270-135E (6) (Principal uses authorized by special permit)
for a proposal to install a drive-through that would be closer than 60' to a
residential zone. This portion of the project is located in the Community
Commercial District Zone, Tax Parcel No. 62.-2-1.22
Comments on the appeal(s) can be made in person or via the ZOOM platform during
the meeting. You can also email comments (or questions up until 3pm the day of
the meeting) to Codes@townithacany.gov. All comments become part of the official
record. Links to the full materials and ZOOM are available on the Town's website,
www.townithacany.gov under "Public Meetings".
TOWN OF ITHACA
ZONING BOARD OF APPEALS
March 11, 2025
MINUTES
Present: Board Members, Connor Terry Chair; Chris Jung, Kim Ritter, Matthew Minnig, Larry
Sallinger and Lindsay Garner(Alt.)
Dana Magnason, Senior Code Officer; Paulette Rosa, Town Clerk; and Susan Brock, Attorney
for the Town
Mr. Terry opened the meeting at 6:00 p.m.
ZBAA-25-4 Appeal of Ithaca College, 953 Danby Rd., TP 41.4-30.2, MDR, seeking relief
from Town of Ithaca Code Sections 270-254 (Residential and Conservation Zones) and 270-223
(Fences and walls; retaining walls)to erect a sign that would exceed the maximum 50' square
feet for a single sign, the freestanding sign height of 6' feet, and allow for internal illumination.
ZBAS-25-2 Appeal of Ithaca College, 953 Danby Rd; 953 Danby Rd., TP 41.4-30.2, MDR:
seeking relief from the Town of Ithaca Code, Section 225-3 (New buildings required to have
sprinkler systems)to construct a press box building (professional building)without a sprinkler
system.
Overview
Tom Downs Vice President for Finance Administration at Ithaca College gave a background for
the project. The college is moving forward with an NCAA compliant track to replace an old non-
compliant track that was removed during the construction of the Butterfield stadium. They have
partnered with Clark Companies to build the track. Rob Champlain, a representative from the
company, gave the board a presentation overview of the entire track and field project; new
regulation track and throw events field, bleachers and press box as well as parking and
emergency ingress and egress. This is not a lit facility; lighting will be for security purposes
only.
The first variance they are seeking is a variance for the scoreboard. It is lit but will not be used at
night. The scoreboard is just a timing apparatus that will be used for practices and meets. It is 15
feet 9 inches tall, and it will have a sign on the top of the I beam.
The second variance is for a press box above the bleacher system to not be sprinklered. It is a
modular box made in Michigan and is third party inspected. It will be set with a crane within a
day. There will be signage on the press box, electric hookup but no heat.
The third variance is for a throwing cage. There is an existing field by Emmerson Hall that is a
practice field. The applicant is proposing adding throwing events to that area, a hammer and
ZBA 2025-03-11 (Filed 3/17) Page I of 7
discus cage and two shotput throw circles. A protective cage is required by the NCAA for safety
to the public from errant flying projectiles. The cage height will exceed 6 feet. There is also an
existing 6-foot fence which they would like to change to 12 feet as another layer of protection for
the public.
Board Questions
Two questions came in via email regarding the throwing area construction timetable—Answer,
couple of weeks for that area during this spring/summer, with no lighting other than security
lighting.
Mr. Sallinger asked for clarification on the proposed 12-foot fence. Answer, the 12-foot fence
height is only on the back side. The existing 6-foot fence will remain on the other two sides.
Mr. Terry asked if the 12-foot-high fence was approved by the NCAA. Answer, yes, that is the
NCAA approved height. He also asked about the rational for the 8-foot height of the sign from
the ground. Answer, the eight feet from the bottom is for security, safety and legibility from
across the field and in the bleachers.
Mr. Minning wanted to clarify what utilities are in the press box. Answer, only electric with a
100 amp panel will be installed, but electricity usage in the box will be nowhere near that level.
Mr. Terry asked what will be stored in the press box and what it is made of.
Answer, it is only 8ft x 18ft so not very much. Mostly some seating, some electronics like
temporary controllers. It is a wood frame modular structure with Gypsum interior wall panels,
2x6 wall framing and vinyl flooring, 2x10 roof framing with a rubber roof, with one entrance
with two or three people in the box at any given time and will only be used for main events
which will be 3 to 4 times a year and there will be a fire extinguisher and smoke detector
available.
Public Hearing
Mr. Terry opened the public hearing; there was no one wishing to speak and the hearing was
closed.
Determination
The Board felt the area variances were reasonable and in line with NCAA requirements and
would enhance safety of players and attendees.
ZBA Resolution ZBAA-25-4 Area Variance—Height & Sign
Ithaca College
953 Danby Rd.,
TP 41.4-30.2, MDR
Resolved that this Board grants the appeal of Ithaca College, seeking relief from Town of Ithaca
Code Sections 270-254 (Residential and Conservation Zones) and 270-223 (Fences and walls;
Page 2 of 7
retaining walls)to erect a sign that would exceed the maximum 50' square feet for a single sign,
the freestanding sign height of 6' feet, and allow for internal illumination and exceed the 6' foot
maximum height of fences, with the following
Conditions
1. Sign/Scoreboard, fence and cage be constructed substantially as shown on the
application, and with the following
Fence and Throwing Cage Findings:
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community, specifically
1. That the relief sought cannot be achieved by any other means feasibly given that the
NCAA requires a minimum of 18' feet and they are requesting an additional 2' feet for
the throwing cage for safety reasons and a 12' foot fence at the second location again for
increased safety, and
2. That there will not be an undesirable change in character or to nearby properties given
that this is well within the College campus property, shielded by trees from the public
roadway, and typical of athletic facilities, and
3. That the request is substantial as the maximum is 6' feet and 20' foot height on the cage
and 12' foot height on the fence is being granted, and
4. That the request will not have adverse physical or environmental impacts as evidenced by
SEQR not being required as this is Type 2 SEQR -routine activities of educational
institutions, and
5. That the difficulty is not self-created as these heights are necessary for the safety of
athletes and spectators.
Moved: Connor Terry Second: Kim Ritter
Ayes: Terry, Jung, Ritter, Minnig, Sallinger
Scoreboard/Sign 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 cannot be achieved by any other means feasible
given the height is needed for safety by keeping wires and mechanicals out of reach, and
the total sign area and internal illumination is consistent with the needs of collegiate
sports venues for spectators to be able to read the information and the majority of the
space is used for score and time keeping, and
2. That there will not be an undesirable change in character or to nearby properties given
that this is well within the College campus property, shielded by trees from the public
roadway, and typical of athletic facilities, and
ZBA 2025-03-11 (Filed 3/17) Page 3 of 7
3. That the request is substantial in that the maximum height of a sign is 6' feet and 6 `feet
is being granted and it will also exceed the maximum area allowed and be internally
illuminated, and
4. That the request will not have adverse physical or environmental impacts as evidenced by
no SEQR being required under Type 2 SEQR-routine activities of educational
institutions and under Town Code, signs are exempt from SEQR, and
5. That the difficulty is not self-created because this size and internal illumination is needed
and consistent with sporting facilities.
Moved: Connor Terry Second: Larry Sallinger
Ayes: Terry, Jung, Ritter, Minnig, Sallinger
ZBA Resolution ZBAS-25-2 Sprinkler Variance
Ithaca College, 953 Danby Rd
TP 41.4-30.2, MDR:
Resolved that this Board grants the appeal of Ithaca College, seeking relief from the Town of
Ithaca Code, Section 225-3 (New buildings required to have sprinkler systems)to construct a
press box building (professional building)without a sprinkler system, with the following
Condition
1. That the press box be built substantially as shown in the application materials, and
without the filming platform as verbally noted during the meeting, and
2. That one smoke detector and one fire extinguisher are added to the plan, and with the
following
Findings
1. That the strict application of Section 225-3 will create practical difficulties or hardships
because it is an unheated building with no water service to this building or adjacent to it,
and the building is elevated which further complicates the installation of a sprinkler
system, and
2. That the omission of a sprinkler system will not significantly jeopardize human life given
that there will be an average of 3 people at any time in the press box, it will be used
sparingly only during sporting events and the windows are an additional viable means of
egress, and a fire extinguisher and a smoke detector are present.
Moved: Connor Terry Second: Larry Sallinger
Ayes: Terry, Jung, Ritter, Minnig, Sallinger
ZBAA-25-5 Appeal Cornell University, 301 Pine Tree Rd, Vehicle Fuel and Repair District
Zone, TP 62.-2-1.13, seeking relief from Town of Ithaca Code Section 270-117(1) (yard
regulations)for a fuel station with a less than the required 50' foot front yard setback from the
measured from the highway right-of-way, and
Page 4 of 7
ZBAA-25-6 Appeal Cornell University, Owner of 301 Pine Tree Rd, Community
Commercial District Zone, TP 62.-2-1.13, seeking relief from Town of Ithaca Code section
270-135E(6) (Principal uses authorized by special permit) for a proposal to install a drive-
through that would be closer than 60' to a residential zone.
Overview
Applicant representatives Jim Ballantyne and Matt Napierala appeared before the board and gave
a presentation on the Mirabito redevelopment project.
The final layout is a result of working with the Town Planning Department and
recommendations from the Town Planning Board during previous iterations where the desire was
to improve the streetscape to this "gateway"to Ithaca, make it more welcoming for the
pedestrian and vehicular public by making it more aesthetically pleasing and adding pedestrian
walkways.
The fuel island will be on the inside,with the convenience store and restaurant building on the
street side, which caused the encroachment into the required setback.
This will require a subdivision and consolidation of the portions of the three parcels involved.
There are 3 zoning boundaries bisecting this project. One zone allows fuel and a convenience
store, one allows the restaurant with a drive through. The placement of the restaurant and gas
station was purposeful to avoid the need for a zoning change and keep the existing approved
uses. There are stormwater infrastructure restraints on the parcel limiting options, and the turn
radius required by the drive through created the necessity for a variance.
Public Hearing
Mr. Terry opened the public hearing; there was no one wishing to speak and the hearing was
closed.
SEQR Determination
ZBA Resolution ZBAA-25-5 & ZBAA-25-6 SEQR
Cornell University
301 Pine Tree Rd,
TP 62.-2-1.13
Resolved that this Board makes a negative determination of environmental significance based
upon the information in Parts 1 & 2 and for the reasons stated in Part 3 of the SEQR form.
Moved: Connor Terry Second: Chris Jung
Ayes: Terry, Jung, Ritter, Minnig, Sallinger
ZBA Resolution ZBAA-25-6&ZBAA-25-6 Area Variance
Cornell University
ZBA 2025-03-11 (Filed 3/17) Page 5 of 7
301 Pine Tree Rd,
TP 62.-2-1.13
Drive through and Front Yard Setback
That this Board grants the appeals of Cornell University, 301 Pine Tree Rd to for the Mirabito
redevelopment project with encroachments into the side yard setback and the minimum distance
from a residential zone for a drive-thru, with the following
Conditions
1. That the project be built substantially as submitted, and with the following
Findings
ZBAA-25-6 Side Yard Setback
That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community, specifically
1. The benefit cannot be achieved by any other means feasible given the strong desire for a
streetscape with a four-sided building design. Even though it is an autocentric use, there
was a desire from the Planning Department and Board to create equal accommodation for
other users and other modes of transportation and for the street facing components to be
aesthetically pleasing and welcoming, and
2. That there will not be an undesirable change in character or to nearby properties given
that many of the components are already in existence and have been for many years and
this variance will improve the visual impacts that exist currently and properties nearby
consist of the County's storm water management area, the Cornell Equestrian and Tennis
center and no residential homes, and
3. Yes the request is substantial. The code requires a minimum setback of 50 feet and the
applicant is requesting a setback of approximately 30.1 feet.
4. The request will not have adverse physical or environmental impacts. SEQR has a
negative declaration, and this is redevelopment of an existing gas station/convenience
store and restaurant drive through.
5. The difficulty is not self-created. The Planning Board's and Planning Department's
strong desire for a streetscape, a four-sided design of the structures and pedestrian and
bike friendly design have resulted in the current design.
Moved: Connor Terry Second: Kim Ritter
Ayes —Terry, Ritter, Jung, Sallinger and Minnig
Page 6 of 7
ZBAA-25-6 Drive Thru encroachment
1. That the benefit cannot be achieved by other means feasible given the Planning
Department's strong desire for a streetscape with a four-sided building design. Even
though it is an autocentric use, there was a desire from the Planning Department and
Board to create equal accommodation for other users and other modes of transportation,
and
2. That there will not be an undesirable change in character or to nearby properties given
that a drive-through previously existed and the encroachment is due to the Town's desire
to create a more welcoming streetscape, and properties nearby consist of the County's
storm water management area, the Cornell Equestrian and Tennis center and there are no
residential homes nearby, and
3. That the request is substantial in that the Town Code requires a minimum 60' foot
setback where 38' feet is being granted, and
4. That the request will not have adverse physical or environmental impacts as evidenced by
the negative determination and this is redevelopment of an existing gas station,
convenience store and restaurant drive through, and
5. That the difficulty is not self-created for the same reasons as it is not feasible. The zoning
uses of the parcel dictated how the site can be used.
Moved: Connor Terry Second: Matthew Mining
Ayes: Terry, Jung, Ritter, Minnig, and Sallinger
6. Next Meeting and Agenda Review—Mr. Moseley went through the appeals to be heard
and reminded the members of the training on March 14t' here at Town Hall or via Zoom.
Motion made by Mr. Terry, seconded by Ms. Jung to adjourn the meeting at 7:24pm.
Submit by
Paulette Rosa, Town Cleak.
ZBA 2025-03-11 (Filed 3/17) Page 7 of 7