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HomeMy WebLinkAboutZBA Multiple 2/28/2005TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES psychotherapy office in a home located at 145 Honness Lane, Tax Parcel 58.-2-39.10, Medium Density Residential Zone with the finding that the requirements for a special approval have been satisfied in regard to a home occupation and with the one condition that clients be seen only between the hours of 9 a.m. and 6 p.m. Second? Mr. Niefer — Second. Chairperson Sigel — All in favor? Board — Aye. ZB RESOLUTION NO, 2005- 011: John and Ida Wolff, 145 Honness Lane, Tax Parcel No. 58.-2-39.10 MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED that this Board grants the appeal of John and Ida Wolff, Appellants, requesting an approval under Article IX, Section 270-69 of the Town of Ithaca Zoning Ordinance to be allowed to have a psychotherapy office in a home located at 145 Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39.10, Medium Density Residential Zone. Home occupations are allowed only with the approval of the Zoning Board. FINDINGS: The requirements for a. special approval have been satisfied. CONDITIONS: Clients shall only be seen between the hours of 9:00 a.m. and 6:00 p.m. The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried unanimously. APPEAL of Conifer Realty, LLC, Appellant, Ray Wetherbee, Agent, requesting variances from Article XXV, Section 270-205 to enlarge a non -conforming multiple residence building with additional living space at the Ellis Hollow Senior Apartments, located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2- 1.124, Multiple Residence Zone. Said existing building encroaches on building setback limits from property lines. Additional variances from Article XII, Sections 270-1049 270-106, 270-107, and 270-111 to exceed setback limits, building coverage in relation to lot size, and to allow a waste receptacle to be located within a front yard buffer zone are also requested. A variance from Chapter 221, Section 221-6 of we TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES the Sign Law is requested to be permitted to have a second freestanding sign on the property (single sign limit). Tim Fournier, Owner of Conifer Realty I am Tim Fournier. I am one of the owners of Conifer Realty, which is the owner of Ellis Hollow Senior Apartments, 183 E Main St, Rochester NY. And with me this evening is Mr. Roger Langley on my right, a New York State registered architect with NH Architecture and Mr. Raymond Wetherbee, a project coordinator with us at Conifer Realty. Just a couple of comments are you want and then I can turn it over to the architect if that is helpful. Probably many of you are familiar with Ellis Hollow Senior Apartments, built in 1973 on the East Hill right next to the Plaza on Ellis Hollow Road. The building was built in 1973. Its tired and in need of really extensive rehabilitation to extend the. useful life to provide affordable housing now for these seniors for the next 30 years. We were fortunate to receive a federal tax credit award this past year from the New York State Division of Housing Community Renewal that will allow us to do about a $3 million complete rehabilitation at the project. Some of the rehab improvements will be, one very importantly and its part of the addition that we are proposing, we will be able to include an elevator for this two-story building, which in 1973 built as senior housing did not include an elevator. Energy conversion from electric to gas. Windows, siding, roofing, gutters, new kitchens, new baths, common areas as well. In addition, we are providing a new community area. We have received conditional final site plan approval for this conditioned on the variances that are necessary here. This addition will also now include a computer room, a wellness/fitness facility, a doctor's office and a larger more functional community space. Our joint venture partner in this is Better Housing for Tompkins County and they will be assisting us with providing the supportive services for the seniors to, again, allow them to live independent longer. I think probably the most important thing here is that this proposed addition is not for the creation of more living units, but rather to provide a space that allows us to deliver these services to these seniors to again, our motto really is to allow them to live independently longer at affordable rents. With that, I will turn it over to Mr. Langley, just to go through the variances that we are requesting. Roger Langley, NH Architecture Just very quickly, a brief explanation of the existing building. It was constructed as a u - shape building with these two fronting sides. The majority of the tenant spaces, their living quarters, there are four units I believe on the second floor above what is currently the office and community space. Our goal is to create a new entry element including common spaces to improve the accessibility in the building as Tim mentioned. Providing an elevator to take the tenants up to the second floor level. Currently there is a stair lift over in one of the stairways, which really isn't that functional for a wheelchair bound person to move from floor to floor, and it being a senior's development that is very critical to provide these days. Also, this new addition will house all the community type facilities. A larger, more grandiose community space so that the tenants have a spot 37 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES where the majority of them can all meet together rather than right now it has gotten limited use to a little quadrance over there. Its got low ceilings, kind of dark, balconies very little, exterior exposure, no daylight, things like that. We are trying to create a very open and inviting community space so that these people have a location where they come and gather together and sit and chat with each other. Also, a computer room with access to the Internet and just being on a fixed income some cannot afford computers, provide that service for them. A doctor's office off to the side here. A convenient spot for a doctor to come in a see a senior resident without them having to get in a bus or find some transportation to try to get to see a doctor. Replacing the office area and providing a little conference room so that if office staff needs to meet with somebody who is planning on moving in or their family, just have a nice little convenient conference area. The two far ends are the more mundane necessary functions of mechanical spaces, trash collection, and things like that. What we are proposing to do is create trash collection in all four corners of the building making it easier for the tenants to be able to get to a spot without carrying the trash all the way down this long corridor. This way it is in the four corners of the building and very convenient for them to dispose of the trash coming down into shoots at the first floor level. That way it can easily come out and go across the way to what is proposed in corner is a dumpster location and then in the opposite corner a dumpster location making it easier for the maintenance people to gather trash and get it out quickly so that they don't have to bring it all the way through the building. One of the rooms providing HVAC needs because we are replacing the electric baseboard heat. We need a location to provide boilers for the facility. Of course we need a fairly big size because there are 104 units and its decent sized equipment so we need that area for that. What we are doing by closing off this end of the project is allowing a tenant that lives here on one side to, it's a short cut over to this side. Currently right now a tenant that lives here and a friend lives here has to traverse the whole length of the building two times and if they are on another floor they have to go up a flight of stairs. So enclosing it kind of creates a walkway all the way around the building. They won't have to go to the mall to do some walking if you don't want to. You can do some laps in the building. The second floor level. Again, connecting the corridors basically from one side to the other and providing trash rooms on each side that is all that second floor space is. Again, a convenient connection from one side to the other: Chairperson Sigel — So is the rest of the second floor going to be like a double height ceiling to the first floor or is the roof just going to be lower. Mr. Langley — This allows us to keep the roof fairly low except for over the community space where we are upgrading to a cathedral ceiling in that area. So that allows us to keep the roof structures on the side at a lower level. TOWN.OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Mr. Ellsworth — What are you doing to the skin of the building? It's got that board and baton on it. Mr. Langley - The proposal provides greater ventilation through the attic space, a new roof over the entire building. Residing the entire building with vinyl siding. Here's the proposed colors right now a white vinyl shake and some of the accentuaries, you know there are sort of bays as you go down the building, accent those with white vinyl shake. Then kind of tan, light brown siding on the rest of the building along with corner accent trim, putting aluminum over the faces, vinyl gutters throughout the entire building to collect the rain waters instead of just flowing out across the lawn areas. Then doing some painted accents. The main entry area that is a decorative sunburst type over the main entry. So the pink area is very small. Mr. Ellsworth — Are you eliminating some apartments there with that new entrance way? Mr. Langley — That center portion that we are adding is all addition. The dark edge area is all addition. That's all the common area. In so doing, there is an area down here where we are taking out the community space; we are taking out the office. That creates four boxes for the additional four apartment units. It wasn't the intention of the design. The intent wasn't to add four units, its just kind of a left over. What else do you with the space after you add all your community functions at one end, you don't want to do any more community functions down at the other end, you want all of those centrally located within the building. So the idea was to renovate this first floor level to four apartment units. Mr. Matthews — I'm a little bit confused. I'm sorry. I get confused easily. You are not invading the parking on the right side of the building, right? Mr. Langley — This parking lot? No. We are not going into that parking lot. Mr. Matthews — Okay. Here is where my confusion is. Your narrative said here you were extending the building 40 feet. Would you tell me where that 40 feet is, please? You are extending it 40 feet along the same rear property line. Mr. Langley — Currently the edge of the existing building, there is a stairway that sticks out to this point right here. This is the edge of the building we are building on. So that 40 feet is back at this point that we are coming out from. So from the stairplane we are coming out approximately 26 feet. Mr. Matthews — Again, the real property line is the line... Mr. Langley — The rear property line is down here. Mr. Matthews — That's the rear property line? Where's the parking lot? Mr. Langley — It's a corner lot so maybe. ..this is probably the rear property line. 39 TOWN OF ITHACA ZONING BOARD OF APPEALS .. FEBRUARY 28, 2005 APPROVED MINUTES Mr. Matthews - So where is the 40 feet we are talking about? Mr. Langley — Sorry. We are not going anywhere closer to the rear property line than the existing building. Mr. Matthews — So where are you extending the building? Mr. Ellsworth — To the east. Mr. Langley — To the east we are extending. Do you see this dark hatched area here? Mr. Matthews — That little corner? Mr. Langley — That corner right there. Chairperson Sigel —That is 40 feet right? Mr. Langley — That is 40 feet from west to east. Mr. Ellsworth — That leg along the east side, is that where there is parking? Is that out in the parking lot or no? There is parking along there now. Mr. Langley — This is an existing parking lot that we are going to fix and restripe. We are not coming out any further than the existing parking lot. Mr. Matthews — The sidewalk is still there? Mr. Langley — Yes. Mr. Niefer — I noticed looking at a couple of plot plans that the underground electric utilities come in through the open "u" at the present time with a utility easement. Now you are going to build above the underground the utility lines. You are going to build on top of them in the easement area. Did you clear that issue up with the utility? Mr. Langley — We have started discussions with the utility company. Obviously, they are not going to let us landlock their transformers. They will all be removed and brought outside the building to this front plate. Mr. Krantz — Do you anticipate displacing any of the present residents while this massive reconstruction is going on? Mr. Langley — No. We do not actually. What we are doing is actually we are going to have 7 to 8 units that are going to be available as we have had vacancies we are not going to re -rent those. We have done this before in 7 or 8 other locations now where we have done the rehabilitation in place and we will provide what we call lodge units. We will .M TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES actually pack the goods for the residents; pack their kitchens up etc, because we will be redoing their kitchens. They will probably be out of their apartments about 2-3 days and we will move them into a lodge unit and it will be fully furnished. Better Housing is helping us with that as well as our partner to provide supportive services. Activities will occur over in the old community space while we are doing the renovation and basically it will be like moving into a hotel room. If we get to a point where we have any other issues needing more space, returning units faster, we have the Best Western, which is actually the property that is our neighbor to the north that we will actually move people in there for a couple of days, but it is generally about a 2 or 3 day maximum turn around. Mr. Krantz — What percentage of the current 100 apartments have cars? Mr. Langley — We have 128 existing spaces. About 35% of the residents presently have vehicles. So we are... Mr. Krantz — And you are cutting from 139 to 118. Mr. Langley — What we have found since we have owned the site is that never more than 75% of the spaces are used on very rare occasion. So we find parking is actually excessive if anything for the seniors and there's a real elderly component. In fact, there's a frail elderly component that we set aside as part of the tax credit award for about 15% of the units. It will be 15 that will cater to a real frail, elderly component and the renovations that we are doing are going to allow frail elderly to live independently longer because we will also have some supportive services that will be brought in by Better Housing and using the doctor's office and those things that will allow the individuals to stay there longer. Mr. Niefer — I recognize from your write up this building is going to be completely sprinkled with an alarm system. In the past the fire department had ingress/egress to the courtyard area. In consideration of closing off the end, how is the fire department or the building department that has jurisdictional over building safety, how have they reacted to this or commented on the approval? Mr. Langley — I have had a discussion with the fire marshal. He saw no problem with enclosing that end of the courtyard. It's really not set up very well for them to access nor would they access that with a fire truck. His only concern was that we maintain an egress, several egress points out of that point yard either so that a tenant could exit into the court yard in an emergency situation and then be able to exit out again. So the goal is that any door entering this courtyard will be unlocked at all times. It's now a secure environment that they will be able to go in there and come back out the other side of the building. Mr. Niefer — You didn't feel that people living on the second story would want to escape from a window on the second story; they wouldn't have any assistance from the fire department to do that. 41 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Mr. Langley — As stated, there are access points' through the building. There are a couple of central type corridor areas and you can see the walkways. If the fire is over here a firemen could come through the building and be in the courtyard. Mr. Niefer — So will there be something from some fire official that will say.. . Mr. Frost — Actually they wouldn't get a building permit if it were not code compliant. They actually have access on all four sides of the building anyhow. Mr. Langley — I think it is actually interesting as well that there... Mr. Niefer — It is going to be a unique building because we don't have very many court yard buildings in the Town of Ithaca. Mr. Frost — Lakeside Nursing Home has a courtyard. Mr. Langley — Yeah. There are 8 separate entrances into this building.. There's two on the north side, two on the south side, two down to the other end and two there. So there is a lot of access in and out of the building. Mr. Frost — Often the design of a lot of the buildings really doesn't even accommodate windows as a viable means of egress. You take any hotel or multistory buildings you cannot even open the window. The -building interior is designed to accommodate people going down stairs. Mr. Matthews — So if they ranout into the courtyard, they could still escape out of the building. Mr. Frost — The intent by design usually is not to count as a means of egress the courtyard, but provide enough passages to get out of the building without using the. courtyard. In the design they determined that the occupancy of the building with the number of people, the number of doors, the distance traveled to doorways and stuff like that. Mr. Matthews — I have one question. Are you committed to maintain this facility as a senior housing facility? Mr. Langley — Yes, we are actually and as a senior affordable facility. As part of the award of the federal tax credits from the New York State Division of Housing and Community Renewal is a 30 -year regulation, regulatory requirement that's deal fixed that will require us to maintain this as affordable for the next 30 years. Mr. Matthews — For 30 years? Thank you. 42 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Chairperson Sigel — Any other questions? I was wondering about on the application here and the use variance is checked. I didn't notice any. ..are you aware of any use variances that you are requesting? Mr. Frost — I don't see that. The only thing I thought in my thinking was in terms of going into the buffer zones. Mr. Langley — Yeah, in a nonconforming use side within the area variance. Mr. Frost — I think when they checked it off we was thinking ... (not audible, Mr. Frost not speaking into the microphone). Mr. Langley — That's right. Exactly. We are not changing any use. We were looking at nonconforming use because of the area setback. Mr. Smith — In the narrative, also, it mentions expansion of nonconforming. use instead. of expansion of a nonconforming building. Chairperson Sigel — Okay. Attorney Barney — I had just one question. I don't want to second-guess the designer, but when I had a mother in a facility somewhat like this the doctor's office is kind of off by itself. How do you accommodate people who might be waiting to see the doctor? Where would they go? Mr. Langley — It is fairly close to the community space and also if it is somebody who needs assistance or whatever they could use the conference area. Its still preliminary design and its something that we could look at further. By and large it is by appointment, the doctor coming in often times its my understanding that a tenant will be called from their apartment unit and the doctor is ready to see them. Mr. Forney — We also have it in the community space as well. There is often times where they end up sitting in there with their friends or they are playing cards or whatever might be in there waiting. Attorney Barney - I know the doctors in the area and having experience with my mother the appointment time quite frequently was not the time that the doctor actually got to see her. Mr. Forney — That's very true. This, of course, we won't be serving any outside. They would only being seeing residents of the that and a lot of times its also podiatrists as well that we are now finding that its better to do in the apartment unit that they are providing the service and they are going directly to the apartment units. So often times the office doesn't get used as much. That is a good point. I think the conference area will be one of the areas that will be used, but I think most of the time I think they end up sitting in the community room. 43 TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Chairperson Sigel — Okay. I guess we need to enumerate all of the area and all the setback variances that you are requesting. Are there any. ,it doesn't seem like there are any new ... you are extending the building a little bit on the rear and that's along the rear lot line, but that is just a continuation of the current setback, right? Mr. Langley — Correct. Chairperson Sigel — And then all the rest of the new structures is conforming, is that correct as far as the setbacks? Mr. Langley — That is correct. Chairperson Sigel — And that is a 20 foot setback? Mr. Langley — 22 feet 2 inches. Chairperson Sigel — Okay. Mr. Langley — I believe the existing building is 20 feet 1 inch. Chairperson Sigel — So if we said 20 feet that would be plenty. Mr. Langley — Correct. Chairperson Sigel — So is that it then as far as setback? Mr. Langley — I believe that is it. Chairperson Sigel — Then there is just the general expansion of a nonconforming building, nonconforming structure. Then there is the issue of a sign variance. Building coverage. Mr. Frost — And then the garbage dumpster being located in the front yard buffer zone. Chairperson Sigel — Okay. So we have the 20 -foot for the new piece, multiple residence ratios, garbage and the sign. Do you want to talk a little bit about why you are requesting a second sign? Mr. Langley — Well the existing sign is down here at this corner. With the office function and the community space, everything down at the other end, we are kind of seeing this driveway at the eastern end as the new primary entrance so we would like to add a sign down at that end as well as trying to encourage traffic through this existing driveway, but knowing full well that people are creates of habit. The fear is if they don't see the sign there, they've always seen the sign there that they think something has changed or different that maybe the Ellis Hollow isn't Ellis Hollow any longer. So the idea was if MA TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES we could put a sign in that location, it would just be more familiar to everybody saying okay I'm at Ellis Hollow that is coming from the western direction. Mr. Frost — It makes good sense because the current sign now is kind of on the corner where people going down Summerhill Lane, not just to the Ellis Hollow apartments but to the apartments further down the road. Interestingly a business zone, which is East Hill Plaza, right adjacent to it can have two freestanding signs on a corner property. This is a corner property, just happens to be in a multiple resident zone. It does make good sense to offer the second sign at the second entrance. Chairperson Sigel — Okay. Any question about the signage? I assume you are planning to make the sign the size allowed. Mr. Forney — I believe they are 24 square feet each. Chairperson Sigel — Mike, any comments on the environmental assessment? Mr. Smith — No. Most of the variances are preexisting things. Having the dumpsters being enclosed will improve the situation. Chairperson Sigel — Okay we will open the public hearing. With no one present, we will close the public hearing. I will move to make a negative determination of environmental significance with regard to the appeal of Conifer Realty for the Ellis Hollow Senior Apartments for the reasons stated in the environmental assessment form completed by Town staff dated February 16, 2005. Second? Mr. Krantz — I'll second it. Chairperson Sigel — All in favor? Board — Aye. ZB RESOLUTION NO. 2005- 012: ENVIRONMENTAL ASSESSMENT Realtv. 1028 Ellis Hollow Road Tax Parcel No. 62.-2-1.124 MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED that this Board makes a negative determination of environmental significance in the. appeal of Conifer Realty, appellant, Ray Wetherbee, Agent, based upon the Environmental Assessment Form prepared by Town staff dated February 16, 2005. The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES NAYS: None The MOTION was declared to be carried unanimously. Chairperson Sigel — And I assume John that you would recommend separate motions for the sign as opposed to the other stuff or... Attorney Barney — Well if we had an audience out here screaming at us with a possibility of a law suit in the back of our mind I would do it, but given what we have here, I would be perfectly comfortable if you want to do it all in one. Chairperson Sigel — Okay. I will move to grant the appeal of Conifer Realty requesting variances from Article XXV, Section 270-205 to enlarge a nonconforming multiple residence building with additional living space at Ellis Hollow Senior Apartments, 1028 Ellis Hollow Road, Tax Parcel 62.-2-1.124, multiple residence zone with additional variances from Article XII, Sections 270-104, 106, 107, and 111 to exceed setback limits, building coverage in relation to lot size and allow a waste receptacle to be located within the front yard buffer zone. Additionally, a variance from Chapter 221, Section 221-6 of the Sign Law to allow a second freestanding sign on the property where one sign is permitted specifically the variance is allowing a continuation of the building in the rear to have no less than a 20 foot setback to the rear property line. How are the multiple residences changing? Do we need to specify the new ratio? I could just specify the total number that it's being increased to 104. Mr. Smith — The current ratio would allow a maximum of 65.4 dwelling units and they currently have 104. Chairperson Sigel — So just say that this motion is granting permission to have a total of 104 dwelling units instead of the current 100 units where only 65 would be permitted according to the zoning regulation. Also, this motion is allowing the garbage receptacles to be within the front yard buffer zone. And lastly, the motion is permitting a freestanding sign at the second entrance to be no greater than 24 square feet as allowed in the sign law with the finding that the requirements for an area variance have been satisfied in the case of the area variances and the requirements for a sign variance has been satisfied in the case of the sign variance. Any suggested modifications? Okay. Second? Question? Mr. Niefer — With regard to the trash receptacle and enclosure in the front yard, there is no comment or suggestion about some minimal landscaping, architecture around. Chairperson Sigel — I think that was dealt with at the Planning Board level. Mr. Niefer — I stand corrected: It just struck when I read through it that I was surprised or I couldn't see it, any reference to any plantings around the front yard trash receptacle enclosures. TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES Chairperson Sigel — What is the material actually going around the dumpster? Mr. Langley - It is going to be a board on board fence. Chairperson Sigel — Okay. Is there any landscaping on the outside of it? Mr. Langley — I believe there is some existing landscaping down at the end but not specifically surrounding the dumpster. Mr. Krantz - ...it says that the proposal calls to for the dumpsters to be placed within wooden enclosures. So it doesn't really talk about trees covering or shrubs covering. Mr. Langley — One very important thing is that the elevation grade here. The road is approximately 15 feet higher than the parking lot elevation. While I could plant trees around it, you are pretty much looking over it at the building. We would be happy to put landscaping around it. When you look at the grade and why we selected that corner is that it sits lower in that corner and no one will ever see it because when residents drive in they are looking at the building and with that 15 foot grade distance it sits down below the road you don't see it from the road either. But quite honestly we would be the first ones to throw landscaping around it if we thought it didn't look well. We are happy to do whatever the board would like with that. Chairperson Sigel — You received preliminary site plan approval from the Planning Board? Mr. Langley — And final. Chairperson Sigel — Okay. Mr. Smith — I think you can see from the pictures that went around, too, the picture from the road does show that it is a limited view in. Chairperson Sigel — I don't feel strongly. I tend to defer to the Planning Board on that kind of a matter. Second? Mr. Niefer — Second. Chairperson Sigel — All in favor? Board — Aye. ZB RESOLUTION NQv 2005- 013: Conifer Realty, 1 Parcel No. 62.=2-1.124 EVA TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 28, 2005 APPROVED MINUTES MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED that this Board grants the appeal of Conifer Realty, LLC, Appellant, Ray Wetherbee, Agent, requesting variances from Article XXV, Section 270-205 to enlarge a non -conforming multiple residence building with additional living space at the Ellis Hollow Senior Apartments, located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No, 62-2-1.124, Multiple Residence Zone, with additional variances from Article XII, Sections 270-104, 270-1061 270-107, and 270-111 to exceed setback limits, building coverage in relation to lot size, and to allow a waste receptacle to be located within a front yard buffer zone. Additionally, a variance from Chapter 221, Section 221-6 of the Sign Law to allow a second freestanding sign on the property where one sign is permitted. Specifically, the variance is allowing a continuation of the building in the rear to have no less than a 20 -foot setback to the rear property line. This motion is granting permission to have a total of 104 dwelling units instead of the current 100 units, where only 65 would be permitted according to the zoning regulation. This motion is allowing the garbage receptacles to be in the front yard buffer zone. This motion is permitting a freestanding sign at the second entrance to be no greater than 24 square feet as allowed in the Ithaca Sign Law. FINDINGS: The requirements for an area variance have been satisfied, in the case of the area variances; and the requirements for a sign variance has been satisfied in the case of the sign variance. CONDITIONS: None. The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried unanimously. Chairperson Sigel adjourned the meeting at 9:20 p.m. Kirk Sigel, Chairperson H FILE DATE ZB RESOLUTION NO. 2005- 012: ENVIRONMENTAL ASSESSMENT : Conifer Realty, 1028 Ellis Hollow Road, Tax Parcel No. 62.=2-1.124 MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED that this Board makes a negative determination of environmental significance in the appeal of Conifer Realty, appellant, Ray Wetherbee, Agent, based upon the Environmental Assessment Form prepared by Town staff dated February 16, 2005. The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: None The MOTION was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, John Coakley, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 28th day of February 2005. D,e'jouty T Town of I FILE DATE ZB RESOLUTION NO. 2005= 013: Conifer Realty, 1028 Ellis Hollow Rd, Tac Parcel No. 62.-2-1.124 MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED that this Board grants the appeal of Conifer Realty, LLC, Appellant, Ray Wetherbee, Agent, requesting variances from Article XXV, Section 270-205 to enlarge a non -conforming multiple residence building with additional living space at the Ellis Hollow Senior Apartments, located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2-1.124, Multiple Residence Zone, with additional variances from Article XII, Sections 270-104, 270-106, 270-107, and 270-111 to exceed setback limits, building coverage in relation to lot size, and to allow a waste receptacle to be located within a front yard buffer zone. Additionally, a variance from Chapter 221, Section 221-6 of the Sign Law to allow a second freestanding sign on the property where one sign is permitted. Specifically, the variance is allowing a continuation of the building in the rear to have no less than a 20 -foot setback to the rear property line. This motion is granting permission to have a total of 104 dwelling units instead of the current 100 units, where only 65 would be permitted according to the zoning regulation. This motion is allowing the garbage receptacles to be in the front yard buffer zone. This motion is permitting a freestanding sign at the second entrance to be no greater than 24 square feet as allowed in the Ithaca Sign Law. FINDINGS: The requirements for an area variance have been satisfied, in the case of the area variances; and the requirements for a sign variance has been satisfied in the case of the sign variance. CONDITIONS: None. The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews NAYS: NONE The MOTION was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS. TOWN OF ITHACA: I John Coakley, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 28th day of February 2005. D'e'puty Tov n%lerk Town of Ithaca 1028 Ellis Hollow Rd PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessarv) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated. The proposal is for renovations and additions to the Ellis Hollow Apartments located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2-1.124, Multiple Residence Zone. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: None Anticipated, C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. This application requires several variances for the renovations and additions including a variance to allow the expansion of a non -conforming building, variances for rear and side yard setbacks, a variance to exceed the requirements for minimum lot area per dwelling unit, a variance to allow the dumpster in the front yard and to allow the installation of a second entrance sign. The majority of these variances are for existing situations, and the applicant appears to be improving the site. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in Cl -05? Explain briefly: None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated, D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff , CB_, other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adeauatelv address. _Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Zoning Board of Appeals Name of Lead Agency Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency w of Responsible Officer in Lead 2 //Z /o S Preparer's'Signature (If different from Responsible Officer) Signature of Contributing Preparer DATE: TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, FEBRUARY 28, 2005 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, February 28, 2005, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M., on the following matters: APPEAL of Marlon Byrd, Appellant, requesting a variance from the requirements of Article VIII, Section 270-59 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a single- family residence with a building height of 40 ± feet (36 foot limit) at 212 Eldridge Circle, Town of Ithaca Tax Parcel No. 46-1-15.6, Low Density Residential Zone. APPEAL of Lee C. Lee, Owner, Ernie Bayles, Agent/Appellant, requesting a variance from the requirements of Article XXV, Sections 270-203 and 270-205 to be permitted to construct a single- family residence with non -conforming building setbacks and exceeding lot coverage limits at 1032 East Shore Drive, Town of Ithaca Tax Parcel No. 19-2-14, Lakefront Zone. Variances from the requirements of Article VII, Section 47 and 48 may also be requested. Said new structure replaces an existing non -conforming structure. APPEAL of South Hill Business Campus, Andrew Sciarabba, Appellant, requesting a variance from the requirements of Article XX, Section 270-158 to be permitted to allow a food catering operation within an Industrial Zone, located at 950 Danby Road, Town of Ithaca Tax Parcel No. 39-1-1.2. Said zone does not specifically allow such a use. APPEAL of John and Ida Wolff, Appellants, requesting an approval under Article IX, Section 270-69 of the Town of Ithaca Zoning Ordinance to be allowed to have a psychotherapy office in a home located at 145 Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39.10, Medium Density Residential Zone. Home occupations are allowed only with the approval of the Zoning Board. APPEAL of Conifer Realty, LLC, Appellant, Ray Wetherbee, Agent, requesting variances from Article XXV, Section 270-205 to enlarge a non -conforming multiple residence building with additional living space at the Ellis Hollow Senior Apartments, located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2-1.124, Multiple Residence Zone. Said existing building encroaches on building setback limits from property lines. Additional variances from Article XII, Sections 270-104, 270-106, 270-107, and 270-111 to exceed setback limits, building coverage in relation to lot size, and to allow a waste receptacle to be located within a front yard buffer zone are also requested. A variance from Chapter 221, Section 221-6 of the Sign Law is requested to be permitted to have a second freestanding sign on the property (single sign limit). Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S. Frost Director of Building and Zoning 607-273-1783 Dated: February 17, 2005 Published: February 21, 2005 on * fer 183 East Main Street, 6th Floor Rochester, NY 14604 www.coniferlic.com January 25, 2005 Town of Ithaca Building and Zoning Department Attn: Kristie Rice, Assistant Zoning Officer/Building Inspector 215 N. Tioga Street Ithaca, NY 114850 Re: Ellis Hollow Senior Apartments — BZA Application Package Dear Kristie, 324 0500 voice p JAN2 6 TOWN OF ITHAr` A MNING Enclosed is Conifer's application for appearance in front of the Zoning Board of Appeals. We are submitting the following material concerning Ellis Hollow Senior Apartment's proposed renovations: • The completed BZA application form, with an attached narrative describing the "circumstances present under which our strict observance of Ordinances would impose hardships and practical difficulties etc." S Eleven copies (including one original drawing) of site plans and plot plans. • Letters of support from local residents and political leaders. C A completed Environmental Assessment Form. ® A check in the amount of $100.00 for our application fee. Please note, an agricultural data statement was not included as Ellis Hollow Senior Apartment's was not located in, or near, an agricultural district as depicted on the "Tompkins County Agricultural Districts" map. Feel free to contact me directly at (585) 324-0565 if you have any questions, or if you require additional information. Sincerely, l Ra, etherbee Project Coordinator CC: John Fennessey, File Enc. //yly OF I r1$' _ a TOWN OF ITHACA 215 N. Tio a Street ITHACA, N.Y. 14850 Jr � o g TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 BUILDING AND ZONING 273-1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 Application for Appearance in front of the Zoning Board of Appeals Fee $100 For. Office Use Only CH ALL THAT APPLY Property is located within or, adjacent to Area Variance County Ag District Use VarianceA Sign Variance Sprinkler Variance Forest Home Historical District, Special Approval Requesting an appearance to be allowed to at lnljY I //ivS HAJ1fim/ / S/l6 CJ , Town of Ithaca Tax Parcel No.h of —o( For Office Use Only Date Received 1 •t2ta*05a' Eesk-or Check No. 1I 10 Zoning District as shown on the accompanying application and/or plans or other supporting documents, under Article(s) edelflw Section(s) , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Application Form. A description of the practical difficulties and unnessary hardship and/or the Special Approval authorization request is as follows: By filing this application, I grant enter my property to inspect in Signature of Owner/Appe Signature of Appellant/Agent Print Name Here (Additional sheets may be attached as necessary.) ems' J A for m;.Tbers of the Town of Ithaca Zoning Board of Appeals or staff to e Date: 1,2 q 0 1,2S Date: J ';� `� k.'e� Home Telephone Numbers;>s— 413 W7 L, 3'P Work Telephone Number9 NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will fig. Your attendance at the meeting is advised. /'�u a _ Revised 11/03/04 APPLICATION ADDENDUM SAN 2 62005 � ELLIS HOLLOW SENIOR APARTMEN TOWN OF ITHACA SUILDING/ZONINC There is a housing crisis in Ithaca. The large number of college students, many of whom are quite affluent, are pushing rents up and the vacancy rate down. This has resulted in a generally unaffordable rental market. Low and moderate -income citizens, especially seniors, are finding it increasingly difficult to find suitable affordable housing. Ithaca is well known as being the home of two major universities: Cornell and Ithaca College. These are prestigious institutions that attract the best and the brightest from around the world. But Ithaca is much more than that; it is also home to many other people. These are the people who work in the factories, stores, and offices that make Ithaca a community. Ithaca is college students, but it is also school children, young families and retired citizens. Many of the people are low and moderate income. Ellis Hollow Senior Apartments is located at 1028 Ellis Hollow Road in the town of Ithaca, Tompkins County, New York. This is an elderly rehabilitation/preservation project that will serve seniors 55 years or older. The complex constructed in 1973, is in need of significant interior and exterior improvements. The development plan is to upgrade this 30 -year old apartment complex into a state of the art facility with all of the modern amenities necessary for seniors to live independently longer. Proposed exterior modifications include the installation of a new roof and energy efficient windows. New vinyl siding and gutters will replace existing wood siding, which is in poor condition and in frequent need of maintenance. Interior modifications will include an energy conversion from electric heat into more efficient radiant heat, an elevator and the installation of a sprinkler system throughout the entire building (no sprinkler system currently exists). Additionally, per unit renovations will include new kitchens, flooring and bathroom upgrades. In order to make available many of the above-mentioned amenities, a 4,550-sq/ft first floor addition with a 1,124-sq/ft second floor is proposed. This addition will serve as the new main entrance to the apartment facility and provide a much-needed elevator, as well as a computer room, kitchen, doctor's office, a larger more enhanced community room, an outdoor patio, and a new leasing office. This addition will connect both wings of the building allowing for easy access, from both I" and 2nd floors, throughout the entire building as well as the elevators. Additionally, this will create a courtyard and patio area, offering a well-designed community green space for the seniors. While Conifer Realty is dedicated to providing quality affordable senior housing to Ellis Hollow residents, our strict observance of Ithaca's Multiple Residence Zone ordinance poses unnecessary hardships and practical difficulties to the proper rehabilitation of this much-needed senior apartment community. With this in mind, we are respectfully requesting the Town Ithaca's Board of Zoning Appeals permit the following variances concerning proposed renovations and unalterable site conditions: 0 A variance allowing for the "expansion of a non -conforming use". • An "area variance" concerning rear yard and side yard setbacks. • A variance allowing requirements for "minimum lot areas per dwelling unit" to be exceeded. • A variance concerning the "proposed location of waste receptacles". • A variance for the "erection of a second entrance sign". "Area variances" and "nonconforming uses of structures": Section 270-206 respectively states "no existing structure devoted to a use not permitted by this chapter in the zone in which it is located may be enlarged, extended, construction, moved or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located" and calls for "50 feet rear yard and side yard property setbacks" respectively. The north wing of this facility was constructed in 1973 approximately 20ft from the rear property line, with a small portion of the building's north Nvest corner encroaching within 20 feet of the side property line. Because the apartment complex has been a part of the neighborhood for 32 years, the variances sought will not change the character of the neighborhood or be a detriment to nearby properties. Moreover, as rear yard and side yard setbacks are "not less than 50 feet in depth", almost any addition or expansion of the facility would be within 20 feet of property boundaries. For obvious reasons surrounding elderly resident displacement, impractical financial requirements as well as the duration and scope of a construction project necessary to remedy this encroachment, it's simply not possible to move or relocate what constitutes almost''/2 of the entire building. With respect to the expansion of this facility, the proposed addition will not encroach any further, rather we are simply extending the building approximately 40 feet along the same rear property line. While Conifer Realty, LLC purchased the property with knowledge of the regulations governing its use, the proposed alterations to the property will have a positive impact on the appearance of the entire property and substantially improve the quality of life for the Ellis Hollow occupants. Currently, Ellis Hollow Senior Apartments does not offer many of the basic amenities one would generally associate with senior apartments. Amenities such as a doctor's office, elevators, computer rooms, outdoor patios, nicely furnished common areas that are conducive for various activities. Space currently used as a "common area" is small and poorly lighted, with low ceilings, few windows, and very limited patio area. Most importantly this facility does not have an elevator — a feature that is a necessity for a 2 story 100+ unit Senior Apartment complex. Our proposed expansion will allow for the inclusion of significant interior and exterior enhancements, a better community space and a new elevator. The proposed addition to the Ellis Hollow facility is not intended for the creation of more living units, rather the addition is necessary to provide conventional services and amenities common to a senior apartment community that can assist seniors to live independently longer. Design provisions for the new common area is the minimum necessary to serve the tenants. Furthermore, the addition of four dwellings to the existing 100 units, through the conversion of empty and unused space, will occur within the existing structure and is not substantial. e "Minimum lot area for multiple residence zone": Section 270-104 requires "a multiple residence parcel to contain a minimum of 3,500 square feet of gross lot area for each dwelling unit". This equates to a maximum of 12.45 dwelling units per acre. The +/- 5.3 -acre Ellis property would allow a maximum of 65.4 dwelling units. The existing building already has 100 units, and we are proposing to convert the current community space into 4 additional units. Therefore, this will also require a variance to allow the requirements for "minimum lot areas per dwelling unit" to be exceeded. As previously mentioned, seniors are finding it increasingly difficult to find suitable, affordable senior housing. The housing crisis currently facing low and moderate income seniors and long waiting lists encountered when searching out suitable senior housing, serve as compelling reasons to approve our conversion of underused space, into much needed senior apartments. Strict observance of this code not only imposes unnecessary hardships to seniors, that are currently on waiting lists and unable to locate suitable affordable housing, it also presents Conifer with practical difficulties in utilizing unused space for useful purposes. Short of moving the entire building to meet current set back requirements, or diminishing the number of apartments on the site to meet density requirements, there is not a feasible alternative to the variances sought. "Screening of waste and refuse": Pursuant to Section 270-111 C. of the Zoning Ordinance, "waste receptacles are required to be placed in the rear of the structure and screened from public view". Currently metal dumpsters stand alone in the southwest and northeast corners of the site, at the edge of the parking lots. Our proposals calls for these dumpsters to be placed within wooden enclosures. These enclosures will measure approximately 16 feet deep, 14 feet wide, and have a 6 -inch thick concrete pad and apron. As mentioned in the Town of Ithaca's Planning Department Memorandum dated November 30, 2004 "Having the dumpsters in two locations allows easier access by the residents, and the locations in the parking lot provides easy access by the garbage hauling company to collect the waste. The single dumpster in the parking lot adjacent to Ellis Hollow Road will not comply with this requirement. However, the location of the dumpster appears reasonable in terms of it's function and usability, and the enclosure will provide screening from Ellis Hollow Road and from Summerhill Lane. It is therefore recommended that the applicant apply for a variance from the Zoning Board of Appeals to allow this use to continue". "Regulated signs": Section 221-6 permits "one wall or freestanding sign, not exceeding 24 square feet in area, identifying a multiple residence". Taking in account the length of this property, with distances of approximately 700 feet or 233 yards between driveways leading into Ellis Hollow, a second sign identifying the facility is necessary. Moreover, in recognizing the need for an additional identifying sign, The Planning Board "recommended to the Board of Zoning Appeals that a variance be granted by such Board permitting the erection of a second entrance sign" as part of Planning Board Resolution No. 2004-124. Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM U A 2 6 20 TOWN Or ITHACA SO GIRO/ZONING For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 _ PROJFCT INFORMATION (To be comDleted by ADDlicant or Proiect Sponsor) 1. Appli nt/Spo or C04/1%fr ��%��eci��ir 2. Pro jec Name00 ��:5 ho/%d✓ �%1,c.'�i-l-rS e s lop�" E//s ya/low er�� 60 I Ji ff SW a 3. Precise location (street address, road intersections, prominent landmarks, a c. or provide map:) to ow� 1!! 111511016w X06t d, T w/*,�- 0f� 40 CA. Tax Parcel Number: 6 Z —'0 — /. / 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe prob�e briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): %yoftliC& �s G� {**vv ,y �;?(j^/ed /*'% Attach separate sheets if necessary to adequately describe the proposedproject.) 6. Amount of land of a ted: �" >10 Initial) (0-5yrs) , Acres (6-10yrs) yrs)Yr Cres 7. How is land zoned presently? 8. Will proposed.action comply with existing zoning or other existing land use restrict 10 Yes NOm �[ If no, describe conflict brie :/l/�h4/ COA/rj!'l / y USC dI� /'67aL i� ��xl taey/px. 9. Will proposed action lead to a r uest for new: Public Road? YES NO Public Water? YES NO Public Sewer? YES NO —Z 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe � � �,,i„ � � 4C)6)4�e Ales 2 �� P '� e a/1412 11. Does proposed action i olve a permit, approval, or fundin , now or ultimately from any other governmental agency (Federal, State, Local?) YES_, CNO If yes, list agency name and permit/approval/funding: / 12. Does any spect of the proposed action have a currently valfd permit or approval? YES NO_ 11' list agency name and permit/approv . Also, state/whether it will require modification. /1/U -I 67b 177/ d /1 e A 0AI C ?1 o4. 2iy I CER IFY THAT THE INFORMATION PROVIDED AffOVE IS TRUE TO THE BEST Y KNOWLEDGE Applicant/Sponsor Name (Print or Type): ZN: Signature and Date: 07G% U J Revised 11/03/04 ,/. v ADOPTED RESOLUTION. FILE DATE "may PB RESOLUTION NO. 2004-124 Preliminary & Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals from the Sign Review Board Ellis Hollow Apartments (Ellis Hollow Road Tax Parcel No. 62-2-1.124 Planning Board, December 7, 2004 MOTION made by Rod Howe, seconded by Kevin Talty. WHEREAS. 1. This action is consideration of Preliminary and Final Site Plan Approval, and a recommendation regarding a second sign for the proposed renovations and addition to the Ellis Hollow Road Apartments located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2-1.124, Multiple Residence Zone. The proposal involves installing new roofing and siding on the existing building, along with renovating the 100 existing apartment units and corridors, and construction of a new two-story addition on the east side of the building to include a large meeting room, a large conference room, a computer room, a kitchen, and a doctor's office. The project also involves converting the existing community space to four new one -bedroom apartments, construction of a storage shed on the east side of the site, and construction of enclosures to house the existing dumpsters. Conifer Realty, LLC, Owner/Applicant; Ray Wetherbee, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval, has accepted as adequate a short Environmental Assessment Form, Part I, submitted by the applicant, and Part II, prepared by the Town Planning Department, and has on December 7, 2004, made a negative determination of environmental significance, and 3. The Planning Board, at a Public Hearing held on December 7, 2004, has reviewed and accepted as adequate, an Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, drawings entitled "Proposed Site/ Lighting Plan" (Cl), "Partial Landscape Plan" (C2), and Front Elevation and Partial Side Elevations (A3), all dated 11/8/04, and "Partial First Floor Plan" (Al), "Partial Second Floor Pian" (A2), and "Partial First Floor Plan" (A5) all dated 2/18/03, and prepared by NH Architecture, P.C., and other application material. NOW THEREFORE BE IT RESOLVED. 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and ADOPTED RESOLUTION. FILE DATE "may PB RESOLUTION NO. 2004-124 Preliminary & Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals from the Sign Review Board Ellis Hollow Apartments (Ellis Hollow Road Tax Parcel No. 62-2-1.124 Planning Board, December 7, 2004 MOTION made by Rod Howe, seconded by Kevin Talty. WHEREAS. 1. This action is consideration of Preliminary and Final Site Plan Approval, and a recommendation regarding a second sign for the proposed renovations and addition to the Ellis Hollow Road Apartments located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2-1.124, Multiple Residence Zone. The proposal involves installing new roofing and siding on the existing building, along with renovating the 100 existing apartment units and corridors, and construction of a new two-story addition on the east side of the building to include a large meeting room, a large conference room, a computer room, a kitchen, and a doctor's office. The project also involves converting the existing community space to four new one -bedroom apartments, construction of a storage shed on the east side of the site, and construction of enclosures to house the existing dumpsters. Conifer Realty, LLC, Owner/Applicant; Ray Wetherbee, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval, has accepted as adequate a short Environmental Assessment Form, Part I, submitted by the applicant, and Part II, prepared by the Town Planning Department, and has on December 7, 2004, made a negative determination of environmental significance, and 3. The Planning Board, at a Public Hearing held on December 7, 2004, has reviewed and accepted as adequate, an Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, drawings entitled "Proposed Site/ Lighting Plan" (Cl), "Partial Landscape Plan" (C2), and Front Elevation and Partial Side Elevations (A3), all dated 11/8/04, and "Partial First Floor Plan" (Al), "Partial Second Floor Pian" (A2), and "Partial First Floor Plan" (A5) all dated 2/18/03, and prepared by NH Architecture, P.C., and other application material. NOW THEREFORE BE IT RESOLVED. 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and PB RESOLUTION NO. 2004-124 PAGE 2 ' 1 i 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed renovations and addition to the Ellis Hollow Road Apartments located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2-1.124, as shown on drawings entitled "Proposed Site/ Lighting Plan" (Cl), "Partial Landscape Plan" (C2), and Front Elevation and Partial Side Elevations (A3), all dated 11/8/04, and "Partial First Floor Plan" (Al), "Partial Second Floor Plan" (A2), and "Partial First Floor Plan" (A5) all dated 2/18/03, and prepared by NH Architecture, P.C., subject to the following conditions: a, granting of the necessary variances from the Zoning Board of Appeals, prior to issuance of a building permit, and b, submission of a revised site plan to include engineering notes stating that erosion and sedimentation control measures will be implemented on the site as needed during construction, with particular attention paid to protection of catch basins, prior to issuance of a building permit, and cc submission of a revised site plan to omit the symbols indicating the handicap accessibility of the three parking spaces in southwest corner of the site, and d, submission of a revised landscape plan to replace the plant named burning bush, winged euonymus, with a plant not listed on the Invasive Plants of Tompkins County, New York list, and e. submission of details of new entry signage, including dimensions, color, lettering, and materials for review and approval of the Director of Planning, prior to issuance of any building permits, and documentations showing that the sign is not located in the County right -of -.way, and f. submission of an original final site plan on mylar, vellum, or paper, to be retained by the Town of Ithaca, prior to the issuance of a building permit. AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby authorizes a reduction in the number of required parking spaces, pursuant to Sec. 270-227 of the Code of the Town of Ithaca, from the +/- 139 parking spaces required in Section 270-227, to the 118 parking spaces shown on the proposed site plan, finding that such reduction will not adversely affect traffic flow on the project site, will leave adequate parking for all the reasonably anticipated uses or occupancies in the project, and will not otherwise adversely affect the general welfare of the community, and PB RESOLUTION NO. 2004124 PAGE 3 2. That the Town of Ithaca Planning Board hereby waives the conditions relating to the reduction in parking spaces outlined in Section 270-227 (A) (3) of the Code of the Town of Ithaca. AND BE IT FURTHER RESOLVED That this Board recommends to the Board of Zoning Appeals that a variance be granted by such Board permitting the erection of a second entrance sign. A vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. The motion was declared to be carried unanimously STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA. I, Carrie Coates Whitmore, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the -same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 7th day of December 2004, Town of Ithaca Town Cle JOHN R. KUHL, JR. SENATOR 53RD DISTRICT CHAIRMAN COMMITTEE ON TRANSPORTATION THE SENATE STATE OF NEW YORK February 24, 2004 Hon. Judith A. Calogero, Commissioner New York State Division of Housing and Community Renewal 38-40 State Street, Hampton Plaza Albany, NY 12207 Re: Ellis Hollow Apartments, Ithaca PLEASE RESPOND TO: ALBANY OFFICE: O ROOM 310 LEGISLATIVE OFFICE BUILDING ALBANY. NEW YORK 1:24; 1518i455.2091 FAX: 1518) 426.69;6 DISTRICT OFFICE MAILING ADDRESS: O F.O. BOX 153 BATH. NEW YORK 1491(1-0153 DISTRICT OFFICE LOCATION: 18 BUELL STREET BATH, NEW YORK 14810 16071 776.4 1 I I FAX: 16071776.6333 INTERNET ADDRESS: KUHLrRSENATE.STATE.NY US WEB SITE: WWW.SENATORKUHL.COM ? JAN , 26 rOW:A10FA ^A BUILDING OAIIAIt�_ Dear Commissione atec,o: 1 It is with great pleasure that I write this letter of support for the renovation of Ellis Hollow Apartments in Ithaca. ® The city of Ithaca offers of wealth of attractions and a high quality of life, all of which has combined to attract an amazingly diverse and, in large measure, affluent culture. This, in turn, has inflated the cost of housing. For some, including the low-income elderly, the availability of affordable housing within this community is severely restricted. For this reason, Ellis Hollow Apartments plays an important and invaluable role for low-income senior citizens within the Ithaca community. The loss of this complex would leave very few housing alternatives for these seniors, the vast majority of whom are simply unable to afford market -rate housing elsewhere in the community. I understand that the Division has a special set-aside for the rehabilitation of subsidized apartment complexes. I am aware that the Low Income Housing Credit program's preservation set-aside is a special pool of funds for projects that would: "...Avert the loss of affordable housing currently serving the housing needs of a population whose housing needs would justify the replacement of the housing if uceased to be available to that population..." Obviously, this project serves a population whose housing needs justify the replacement of their housing. This housing is needed in the community. I recognize that there is a great deal of competition for these funds. I also recognize that it is intended to fund the most important projects, and those projects that would have the greatest impact on their community. Therefore, I hope that you recognize how important this apartment complex is for Ithaca. I also hope that you will 0 take into account the fact that Conifer Realty is seeking funding only for the. rehabilitation, not for the purchase of this complex. I would urge you to give all due consideration to Conifer Realty's application for funding for the rehabilitation of these apartments to preserve this complex for the low-income elderly. If you have any questions about my support, or would like to discuss how important this project is to Ithaca, please feel frep�ntact me. Sin ly, eo 64AeV John R. Kuhl, J JRK/Pk cc: Lisa Kuligowski, Project Coordinator, Conifer Realty a17 BARBARA LIFTON Member of Assembly 1251" District THE ASSEMBLY STATE OF NEW YORK ALBANY Ms. Judith A. Calogero, Commissioner NYS Division of Housing and Community Renewal Hampton Plaza 38-40 State Street Albany, N.Y. 12207 Re: Ellis Hollow Apartments DHCR Application for Funding SHARS ID: 20030391 Dear Commissioner Calogero: COMMITTEES. Aaricullure Economic Developmout Job Creation. Commerce a Industry Environmental Conservation Hiuher Educ&tion Manlal Health Leaislalive Commission on Rural Resources February 4, 2004 Ig JAN 26 t TO' 3U7 :G/' It is with great pleasure and enthusiasm that I write to you in support of the rehabilitation of Ellis Hollow Apartments in the Town of Ithaca and its funding application to the New York State Division of Housing and Community ReneNval (DHCR) for Low -Income Housing Tax Credits. The rehabilitation of the units at Ellis Hollow Apartments will fill a need for affordable housing in the area. The requested tax credits will allow Conifer to offer affordable, quality rental residences to households with incomes at or below 50% of the area median income. On behalf of the numerous low-income households that will directly benefit from this much-needed affordable housing project, I give Better Housing for Tompkins County's and Conifer's application for financing through NYS DHCR for the Ellis Hollow Apartments my utmost support. As always, please do not hesitate to contact me if I may be of further assistance to you with this or any other matter. Sincerely, ara S. Lifton Member of Assembly 125'h District BSL:Ika cc: Lisa Kuligowski, Conifer Realty ALSANY OFFICE: Room 821, Legislative 011lce Building, .Albany, New York 12248, (518) 455-5444 DISTRICT OFFICE: 106 East Court Street, Ithaca, New York 14850,4607) 277-6030 Town Supervisor atherine Valentino March 9, 2004 Judith Calogero, Commissioner Division of Housing and Community Renewal .Hampton Plaza' 38-40 State Street Albany, New York 122 0 1 7 Re:. Ellis Hollow Apartme.nts rehabilitation, Town of Ithaca Dear Commissioner Calogero: Ithaca, NY 14,950 215 N. Tioga Street 607-273-1721 FnN 2 6 T.Oi;' •j' OF ITi'.` CA am very pleased to ivniie this letter on behalf of the Town of Ithaca Town Beard in support of The application of Conifer Realty, LLC io obtain the funding assistance necessary to rehabilitate The Ellis Hollow Apartments. lihaca is a small, close-knit community Nvith two major universities. The colleges are wonderful. resources in the community with avell paying jobs and a large number of students who allow us to have active and vibrant stores and shops throughout the area. However, the number of.people associated with the universities has put tremendous pressure on. the housing market causing ever- mcreasing rents and very )ow vacancy rates. The proposal to rehabilitate the Ellis Hollow ApartMents is very desirable to senior citizens because of its good location, public transportation and close proximity to shopping and services. However, the very elerr,ews that make it desirable to senior citizens also make it desirable to college students. if this housing were lost to the senior citizens, there is no way that many of thein could find safe, decent affordable housing in this market. Therefore, as Town Supervisor, and on behalf of the Town Board, l fully support Conifer's.proposal to rehabilitate the apartment complex and to keep it as housing for the senior citizens of this community. ] encourage .the New York State Division of Housing and Community. Renewal to provide .Conifer with the funding necessary to rehabilitate the Ellis Hollow Apartments and to make the much needed.improvements that are planned.. These improvements will enhance the quality of life for.the residents and allow them to better age -in-place. Sinceiely„j Catherine Valentino, Supervisor Town of Ithaca cc: Lisa KuligONN'ski, Conifer Realty -c[i h�AURICE D. HINCHEY WASHINGTCN OFFICE: 077 IS 2ND DISTFiiC7, NEW YORK 1451 FAYFUFN HOUSF.OFFICE BUILDING WA:HINGTON. DC 20519--822; 11021 i16-E:S6 "^%PMITTEE ON APPROPRIATIONS Si jr•c r-roNm ,Tn: ongre5'�' of tfje Uniteb ZtatcO v✓ww,Aouee.Pcv/hlncAey GFICULTVRE, MEAL DEVELOPMENT, FOOD AND DRUG ADIAINt6TFA7ION, )ou5e of Aepce5entatibeg FLI AND REU%TED AGENCIES INTEfiIOR12 a.1ftigton, Z� 20315-322226February 3, 2004JIr G/,'_C'.P.IG Ms. Judith A. Calogero, Commissioner NYS Division of 11ouT.sing and Community Renewal Hampton Plaza 38-40 State Street Albany, New York 12207 Re: Ellis Hollow Apartments DHCR Application for Funding SITARS ID; 20030391 Dear Commissioner Calogero: I am writing to you today in support of the rehabilitation of Ellis Hollow Apartments in the Town of Ithaca and its funding application to the New York State Division of Housing and Ccmimmity Renewal (DHCR) for Low - Income Housing Tax Credits. The rehabilitation of the units at Ellis Hollow Apartments will benefit low-income clientele by providing quality housing in Ithaca. The requested project funding will allow Conifer Realty to continue offering affordable rental residences to households with incomes at or below 50% of the area median income. The quality and affordable housing provided to members of the community compels me to request that Defter Housing for Tompkins County's and Conifer's application for financing be given the utmost consideration. Commissioner Calogero, 1 thank you for revICNIVIng my comments in support of funding of the Ellis Hollow Apartments rehabilitation project. Please contact me if I may be of any assistance to you in this matter. MDH:sIs F.INat'AiAlON OFFICE: 10CA 6LDEFAL EUILDING E1N3/;LM10N, NV 19001 I I';' 71 7 7.1- ; 7 I ITHACA OFFICE: 112 SOU7I.1 CAYUGA STREET u1TE 101 I VPACA, NY 14060 ibGil ire -:30B KINGS TCN GFFICE: i01 WALL "FEET KINGSTON, NV 11401 I15a61 5311 C" FR TED ON FECVCLED FLKPI 6OIDDLETOI'iN OFFICE: CITY HALL THIRD fLOOR 16.:A'✓1S LTFEET M,IDDLETCY✓A', NY 1CWO I Bt 51 :45-3211 MONTICCLIA) -OFF ICE; 18 ANAWANA LAKE EGAD MONTICELLO, NY 11.701 iF46► 781-7196 r r� 2� Tompkins County Office for the Aging FLIJAN 320 N. TioRa Street2 �Ithaca, NY 14850-4207607-274-5482 ^� ! TUI.°•i� �r tT�--_ FAX 607-274-5495 i�__Ui t;;u/'t;a A February 17, 2004 Carol Oster, Project Director Conifer Realty, LLC 183 East Main Street, 6th Floor Rochester, New York 14604 Dear Ms, Oster: This letter is to express support for your proposal to the New York Division of Housing and Community Renewal for tax -credit funding to preserve Ellis Hollow Apartments. Our office estimates that there are currently 660 units of affordable rental housing for seniors in Tompkins County. Preserving the 100 units that are available to seniors now means maintaining over 15% of the affordable senior housing currently available, which is significant in meeting the current housing needs of seniors. As you know, in 1999 we issued our Millennium Report which made recommendations about meeting affordable housing needs for seniors. One primary recommendation of that study Nvas that owners insure that their facilities will remain viable for the next 40-50 years in order to accommodate the baby boomer cohort that will swell the number of possible applicants. The renovations you have described to me for Ellis Hollow will provide the structural basis to continue to meet affordability needs for 100 seniors. Our main concerns include the recognition of a need to meet the health needs of senior housing residents who are aging and in need of assistance. In that report we recommended that operators of senior housing consider providing service coordinators to help meet the needs of seniors who are aging in place. Your plans for after the renovation fit nicely with the recommendation. We hope that service coordination will remain an integral part of the operation. Preserving and upgrading the senior housing stock at Ellis Hollow Apartments is a plan that is very timely in that it will enhance the living of the seniors residing there and also meet future needs. Sincerely, 40 14e Irene W. Stein Director I c Jon ,JF I c Jon L�1�'iw,ofhy �avR�r� 4�1iff(r �Pac CC C f �3 SUfrc X60 fZvcdC•Sr�-�/�Y D NC� f�Dd[� JAN 2 6 2005 V,N� h c Y r� % h L(Jo w A/vrs r /¢ n/19 ^[ i 4661< f,6),j"t) To eew tiNiai %7i&F ('0AIlriG-"l f (IIS OAfi_`1r"v �',� e %� ea ►� �x C�i // g r c aTl .� c M p �o ve j. 4,jp1rc �e � d ,q-►� e L � ✓ �}To R � i 7�i l( /P- SS/SI- j�j e -Sra� �a /? s � er � tom, u c � . #yJ0�%To►t( O-� Ivew tuit%%l,Q "ly w () mhKCVeAl 1-1- Ocffcr PI-OCe TG w"y9t q'neN/T/O-r L ESpcc�.�.c�y h' b�sa-ff'icg OUB ! P be o d�"s N� �� e, V eY /q a Y►�e, U is. OR�t'� a T i -W 0 11 F 4 1 J11 2 62005 To ) Ij' �v� O%C 40 —fie€ 1- f'� � �:�-`G.''Lti`�L�`_ _ L• / JAN 262005 DEP Edward C. Marx, AICP Commissioner of Planning Mr. Andy Frost, Building/Zoning Officer Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 G February 9, 2005 Telephone (607) 274-5560 Fax (607) 274-5578 o FEB 1 0 TOWN OF ITHACA BUILDING/ZONING Re: Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Variance allowing for expansion of non -conforming use, area variances for rear yard/side yard setbacks and minimum lot areas per dwelling unit, variance for waste receptacle location, sign variance for Ellis Hollow Senior Apartments, 1028 Ellis Hollow Rd., Tax Parcel No. 62.-2-1.124 Dear Mr. Frost: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter -community, or county -wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C. Marx, AICP Commissioner of Planning z� GiR O O n n— I n n D A 6 o n C ca oU 0 n � � � � 0 n O � a 0- D �D fl UO) lcno �. N o O O =3N m m �� CD cn CO DZ co ° P > CO Z) O O N 00 m 0 0 0 v m cn D 0 m x 0 m N O Property Description Report For 1028 ELLIS HOLLOW RD in Ithaca (Town) Property Description Report For 1028 ELLIS HOLLOW RD in Ithaca (Town) Status Swis Zoning Code Neighborhood Land Assessment Total Acreage Deed Book Sewer Type Water Supply Utilities Active 503089 30092 $450,000 4.66 43475 Utilities Comm/Public Comm/Public Electric Building 1 - Structure Year Built: Construction Quality: Condition: Air Conditioning %: Sprinkler %: Alarm %: Number of Elevators: Basement Type: Building 1 -Area Gross Floor Area: Number of Stories: Use 1 : Total Units/Apartments: Total Rentable Area: Owner Information CONIFER ELLIS HOLLOW LLC 183 E MAIN ST ROCHESTER NY 14604CONIFER ELLIS HOLLOW LLC Roll Section Tax Map #: Site Property Class Total Assessment School District Deed Page Sale Date Sale Price Valid Arms Length Prior Owner Buildings 1980 AVERAGE Normal 0 0 0 0 Unknown 70,026 sqft 2 Site Uses GARDEN APT. 70,026 sqft Improvements Structure: PORCH, COVERED Grade: Average Condition: Good Taxable 62.-2-1.124 1 Apartment $2,800,000 Ithaca 7001 Last Sale 06/20/2003 $1,425,000 0 N ELLIS HOLLOW ASSOC LP http://asmsdg.tompkins-co.orglimatelcprintable.asp?img=http:Hasmsdg.tompkins-co.orglimateimage Page 1 of 2 1131105 Property Description Report For 1028 ELLIS HOLLOW RD in Ithaca (Town) Size: 374 x 0 Year: 1973 Structure: PORCH, COVERED Grade: Average Condition: Good Size: 670 x 0 Year: 1973 Structure: PORCH, ENCLOSED Grade: Average Condition: Good Size: 40 x 0 Year: 1973 Structure: PAVING, ASPHALT Grade: Average Condition: Good Size: 46500 x 3 Year: 1973 Land Types Land Type: Primary Acreage: 4.66 Size: 0 x 0 Soecial Districts Code Description Units Percent Type Value ITHACA SEWER 100 ITHACA WATER 100 SOLID WASTE FEE APT. 40 ITHACA FIRE PROT E $2,800,000 Exemptions Code Description Amount Exempt% Start End Vflag Hcode Own% 41980 $2,773,900 1995 2015 Page 2 of 2 http://asmsdg.tompkins-co.orglimatelcprintable.asp?img=http://asmsdg.tompkins-co.orglimateimage... 1/31/05 r, d, 16, A461r, C l 4 s • J! 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