Loading...
HomeMy WebLinkAboutZBA Minutes 2016-05-16TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday May 16, 2016 215 North Tioga Street, Ithaca 6:00 P.M. Appeal of Jennifer Minner and Erik Amos, owners, requesting an special approval and area variance from the requirements of Chapter 270-69 0 "Accessory buildings and uses authorized by special approval only", of the Code of the Town of Ithaca, to be able to keep domestic animals and if allowed, a variance to keep animals in a lot that does not meet the size requirements in Chapter 270-69C(1), located at 200 Roat St, Tax Parcel No. 71.-6-5, Medium Density Residential (MDR). Appeal of Walter Wiggins, owner, Scott Wiggins, Managing Director of La Tourelle Hotel and Spa, agent/applicant, requesting a special approval from the requirements of Chapter 270-69 C "Accessory buildings and uses authorized by special approval only", of the Code of the Town of Ithaca, to be able to keep domestic animals, located at 1150 Danby Rd, Tax Parcel No. 36.-1-4.5, Planned Development Zone No. 1. Bruce W. Bates Director of Code Enforcement 607-273-1783 Dated: May 4, 2016 Published: May 6, 2016 TOWN OF ITHACA ZONING BOARD OF APPEALS Monday,May 16,2016 Minutes Board Members Present:Rob Rosen,Chair;Bill King;Christine Decker;and Chris Jung; Alternates George Vignaux and Caren Rubin Staff Present:Bruce Bates,Director of Code Enforcement;Deb DeAugistine,Deputy Town Clerk;Lorraine Moynihan Schmitt,Attorney for the Town Appeal of Jennifer Minner and Erik Amos,owners,requesting an area variance and special approval from the requirements of Chapter 270-69 C "Accessory buildings and uses authorized by special approval only",of the Code of the Town of Ithaca, to be able to keep domestic animals and if allowed,an area variance to keep animals in a lot that does not meet the size requirements in Chapter 270-69C(l),located at 200 Roat St, Tax Parcel No.71.-6-5, Medium Density Residential (MDR). Ms. Minner said they would like to keep two to three chickens on their property for the following reasons. The Town of Ithaca was considering allowing chickens, and during that time their daughter Julia has been raising chickens at school for a science project. Ms. Minner has also inherited a chicken from her sister.They've placed a chicken coop in their back yard; it's a small coop that is moveable and hard to see from the property line. They wouldn't put a foundation under it and would like to surround it with a temporary fence to keep predators out. The town sent notice of the application to neighbors, but it was cryptic and made no mention of chickens,so they started to answer questions from the neighbors.They sent the application to the neighborhood listserv and have received no complaints; in fact, eight neighbors—all the adjacent property owners—emailed support and six other neighbors gave vocal support. Mr.Rosen asked if they've kept chickens before. Julia Minner said she did in school,but her parents have not. Ms.Minner said the chickens will be pets. This is a learning experience for Julia, and the neighborhood kids are excited about it, too. She said other questions from the neighbors were whether they plan to sell the chickens, what the coop will be made of, whether the chickens will make noise, and whether they will create a smell. The answers are that they plan to keep the chickens for personal use,it's a small wooden coop, there will be only three small hens and no rooster to make noise, and they will maintain the coop,cleaning it on a weekly basis. Mr.King asked whether they have chickens yet. Ms.Minner said they do not;only the coop is there. Mr. Rosen commented that this lot is much smaller than the town code requires,which is 2 acres, and they have half an acre. He wondered whether it could be mitigated by this being a school experiment and of a limited duration. Ms. Minner said the experiment will end, but they were hoping to keep them for the life of the chicken.They can live for several years. Mr. Rosen said it could possibly be limited to the lives of the chickens. People have been granted a variance who have 1.6 or 1.75 acres, where 2 are required. Ms. Minner said the lot is surrounded by vegetation.Chickens don't require lots of acreage. In other jurisdictions where they've adopted codes, such as the city of Boston, they allow for a small number of chickens on a smaller lot. Mr.Rosen said that maybe the town of Ithaca code is out of sync. Ms.Moynihan Schmitt pointed out that there was an application from the owners of 116 Muriel Street for special approval for chickens. The minutes from that meeting show that there was discussion of a possible ordinance in the town respecting chickens.When the variance was granted, there was a temporal condition of three years to allow for the progression of the possible ordinance.Special approvals and variances run with the land, not with the owner of the land, so you can't tie it to the life of the chicken;it's much cleaner to do a time limit. Mr.Bates said that the Codes and Ordinances Committee has been rewriting their whole domestic animal law,which will allow chickens in the medium density residential area.If the ZBA approves the variance with a three-year limit, it will probably be overridden by the law, which is in its final stages and will most likely go to the Town Board by the end of this year. Mr.Vignaux said three chickens is almost negligible on a half-acre lot. Mr.Bates asked the applicant how they will obtain the chickens. Ms.Minner said her daughter is raising two at school, and that they ordered the chickens months ago when they heard that the new ordinance was going forward. But two chickens might not be enough to keep them warm in the winter and, socially, the hens are better off if there are at least three. Mr.Bates wondered how they obtained only three when Ag &Markets only allows them to be ordered in groups of six. Ms.Minner said the school ordered a lot of them for the project and many have been taken home, except by those people who aren't allowed to keep them. Mr. Rosen thought it was good that they're asking for three chickens, since that is less than the law anticipates.It will either be legal in three years or they will have to come back for another variance it they want to continue having chickens. Mr.Rosen opened the public hearing at 6:22 p.m. Randy Wayne, who lives across the street at 201 Roat Street, said that they are very excited about having chickens in the neighborhood.There are lots of kids in the neighborhood,for whom this can be a learning experience regarding understanding nature and agriculture and ZBA Meeting 05-16-2016 page 2 where food comes from. He said all neighbors were notified by email, so any neighbor could respond and ask questions. Sara Davis, Roat Street, said her daughter is friends with Julia and they are supportive of the application. She attended the codes and ordinance meeting in October because she also is interested in applying for a variance for chickens and looks forward to the ordinance being passed. Mr.Rosen closed the public hearing at 6:25. Members of the board were in favor of granting the variance. ZBA Resolution 0060-2016:Area Variance Keep Domestic Animals (Chickens) 200 Roat Street,Tax Parcel No.71.-6-5 May 16,2016 Moved by Rob Rosen;seconded by Bill King Resolved that this Board grants the appeal of Jennifer Minner and Erik Amos,owners, requesting an area variance from the requirements of Chapter 270-69 C "Accessory buildings and uses authorized by special approval only"in a lot that does not meet the size requirements of Chapter 270-69C-(l),located at 200 Roat Street, Tax Parcel No. 71.-6-5,Medium Density Residential Zone (MDR),with the following Conditions 1.That the variance is time limited for three years 2.That there be up to three hens and no roosters 3.That the existing fences around the property must be maintained in a condition and location substantially similar to what they are now 4.That there be no Guinea fowl 5.That the chicken coop shall be substantially built and located as presented in the application 6.That the food for the chickens shall be stored in an animal-proof container 7.That the hens shall be for personal use only £ind not any commercial use And with the following Findings 1.That the benefit to the applicant outweighs einy detriment to the health,safety,and welfare of the community in that the benefit cannot be achieved by any other means feasible to the applicant given that the existing lot is 0.5 acres; and ZBA Meeting 05-16-2016 page 3 2. There will not be an undesirable change to the character of the neighborhood or to nearby properties given that the lot is 0.5 acres,and there will be no more than three hens;and 3. That the request is substantial in that the area need is 2 acres and the property is 0.5 acres, which is 75% short for that requirement, but nevertheless, the benefit outweighs the detriment for the reasons above;and 4. That there will not be any adverse environmental effects; and 5. That the alleged difficulty is self-created in that applicant wishes to have chickens, but nevertheless, the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community for the reasons stated above. Vote Aye: Rosen, King, Decker, Jung,Vignaux ZBA Resolution 0061-2016:SEQR Keep Domestic Animals (Chickens) 200 Roat Street,Tax Parcel No.71.-6-5 May 16,2016 Moved by Rob Rosen;seconded by Chris Jung Resolved that this Board makes a negative determination of environmental significance regarding the appeal of Jennifer Minner and Erik Amos, owners, requesting an area variance and special approval pursuant to the requirements of Chapter 270-69C "Accessory buildings and uses authorized by special approval only"of the Town of Ithaca Code, to be able to keep domestic animals and,if allowed,a variance to keep animals in a lot that does not meet the size requirements of Chapter 270-69C-(l),based on the information given in Parts 1 and 2 and for the reasons stated in Part 3 of the Environmental Assessment Form. Vote Ayes: Rosen, King, Decker, Jung,Vignaux ZBA Resolutloii 0062-2016:Special Approval Keep Domestic Animals (Chickens) 200 Roat Street,Tax Parcel No.71.-6-5 May 16,2016 Moved by George Vignaux;Christine Decker Resolved that this Board grants the appeal of Jennifer Minner and Erik Amos, owners, requesting special approval from the requirements of Chapter 270-69 C "Accessory buildings and uses authorized by special approval only"of the Town of Ithaca Code, to be able to keep domestic animals located at 200 Roat Street, Tax Parcel No. 71.-6-5, Medium Density Residential Zone (MDR),with the following ZBA Meeting 05-16-2016 page 4 Findings a. That the health, safety, morals, and general welfare of the community in harmony with the general purposes of the zoning chapter and the medium density residential zone are being promoted because, as found in the SEQR form, there is no potential for a significant adverse impacts. The keeping of chickens will enable the applicants to produce their ovm food, which supports the local food movement;and b. The premises are reasonably adapted to the proposed use, such use will fulfill a neighborhood or community need and the keeping of the chickens will enable them to produce their own food; and c. The proposed use and location and design of the structure will be consistent with the character of the district in which it is located for the reasons stated above;and d. The proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue neighboring property or seriously inconvenience neighboring inhabitants for the reasons stated above and given the mitigating conditions of the special approval set forth below;and e.Operations in connection with the proposed use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, illumination, or other potential nuisance than the operation of any permitted use in the medium density residential zone for the reasons stated above and given the mitigating conditions of the special approval set forth below;2ind f. Community infrastructure and services, including but not limited to protective services,roadways,garbage collection,schools,and water and sewer facilities are currently of adequate capacity to accommodate the proposed use; and g. The proposed use,building design, and site layout will comply with all the provision of the zoning chapter and, to the extent considered by this board, with other regulations and ordinances of the town, with the building code and all other state and federal laws, rules and regulations and with the Town's Comprehensive Plan given that this board has just granted an area variance for the action; and h. The proposed access and egress for all structures and uses are safely designed and the site layout provides adequate access for emergency vehicles;and i. The general effect of the proposed use upon the community as a whole,including such items as traffic load upon public streets and load upon water and sewer systems,is not detrimental to the health,safety and general welfare of the community given that there will be no impact at all on these items; and j. The lot area, access, parking, and loading facilities are sufficient for the proposed use and access,parking and loading facilities are adequately buffered to minimize their visual impact given that access,parking and loading facilities are not applicable given that this board has granted the variance for the lot area requirement;and k.Natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town or local law or ordinance and existing drainageways are not altered in a manner that adversely affects ZBA Meeting 05-16-2016 page 5 other properties as shown by the applicant's control of the stormwater runoff of the coop;and 1.To the extent reasonably deemed relevant by this board, the proposed use or structure complies with all the criteria applicable to site plan review set forth in this chapter. And with the following Conditions 1.That the special approval is time limited for three years 2.That there be up to three hens and no roosters 3.That any existing fences around the property must be maintained in a similar condition as described in the application submitted for this appeal 4.That there be no Guinea fowl 5. That the coop shall be substantially built and located as presented in the application 6.That the food for the chickens shall be stored in an animal-proof container 7.That the hens shall be for personal use only and not for any commercial use Vote Ayes:Rosen,King,Decker,Jung,Vignaux Appeal of Walter Wiggins,owner,Scott Wiggins,Managing Director of La Tourelle Hotel and Spa,agent/applicant,requesting a special approval from the requirements of Chapter 270- 69 C "Accessory buildings and uses authorized by special approval only",of the Code of the Town of Ithaca,to be able to keep domestic animals,located at 1150 Danby Rd,Tax Parcel No.36.-1-4.5,Planned Development Zone No. 1. Scott Wiggins introduced his daughter Phoenix Wiggins, who works in the spa and lives on the property;she will be the chicken experience manager.LaTourelle was farmed for 150 years, and they'd like to bring a bit of that farm back to the experience of the hotel. They have a variety of gardens and trails that connect with Buttermilk Falls and their desire is to bring in a small flock of chickens that will be hand-raisedand will enhance the guest experience and tap into where Tompkins County is going with its agritourism efforts. The chicken coop will be located just south of the bam.It will not be visible from the road and will be fully fenced in.It will be more than 50 feet from the property line and a stream and more than 300 feet from the nearest neighbors.It will be lockedat night and, in addition to the fencing, a wind screen on top will protect chickens form hawks.There will be a 5-foot high,screened, traditional deer fence around the chicken coop itself and some screened tunnels between the coop and some of their screened gardens. One great thing about chickens is that they eat bugs out of the garden and provide great fertilizer. There will not be a wind screen over the gardens. Ms. Wiggins pointed out that once the chickens get bigger, the hawks won't be able to grab them as easily. ZBA Meeting 05-16-2016 page 6 Mr. Vignaux asked about hand-washing facilities since this is a commercial operation and the Health Department requires a hand-washing sink for guests. Mr.Wiggins said he would check with the Health Department. Mr. Rosen opened and closed the public hearing at 6:55 p.m. ZBA Resolution 0063-2016:SEQR Keep Domestic Animals (Chickens) 1150 Danby Road,Tax Parcel No.36.-1-4.5 May 16,2016 Moved by Rob Rosen;seconded by Bill King Resolved that this Board makes a negative determination of environmental significance regarding the appeal of Walter, owner, and Scott Wiggins, managing director,of La Tourelle Hotel and Spa,agent/applicant,requesting a special approval pursuant to the requirements of Chapter 270-69C "Accessory buildings and uses authorized by special approval only"of the Town of Ithaca Code, to be able to keep domestic animals located at 1150 Danby Road, Tax Parcel No.36.-1-4.5,Planned Development Zone No. 1 based on the information given in Parts 1 and 2 and for the reasons stated in Part 3 of the Environmental Assessment Form. Vote Ayes: Rosen, King,Decker,Jung,Rubin ZBA Resolution 0064-2016:Special Approval Keep Domestic Animals (Chickens) 1150 Danby Road,Tax Parcel No.36.-1-4.5 May 16,2016 Moved by Rob Rosen; seconded by Chris Jung Resolved that this Board grants the appeal of Walter,owner, and Scott Wiggins,Managing Director,of La Tourelle Hotel and Spa,agent/applicant,requesting special approval as required by the requirements of Chapter 270-69 C "Accessory buildings and uses authorized by special approval only"of the Town of Ithaca Code, to be able to keep domestic animals located at 1150 Danby Road,Tax Parcel No.36.-1-4.5,Planned Development Zone No. 1, with the following Findings a. That the health, safety, morals, and general welfare of the community in harmony with the general purposes of the zoning chapter and the medium density residential zone are being promoted because, as found in the SEQR EAF review, there is no potential for ZBA Meeting 05-16-2016 'page 7 significant adverse impacts. The chickens will not be visible from neighboring properties or the road and the keeping of chickens will enable the applicants to produce their own food, which supports the local food movement;and b. The premises are reasonably adapted to the proposed use,such use will fulfill a neighborhood or community need,given that the applicant is a large lot with screening from adjacent properties and the keeping of the chickens will enable them to produce their own food;and c. The proposed use and location and design of the structure will be consistent with the character of the district in which it is located for the reasons stated above;and d. The proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue neighboring property or seriously inconvenience neighboring inhabitants for the reasons stated above; and e.Operations in connection with the proposed use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, illumination, or other potential nuisance than the operation of any permitted use in Planned Development Zone 1 for the reasons stated above;and f. Community infrastructure and services, including but not limited to protective services, roadways, garbage collection,schools, and water and sewer facilities are currently of adequate capacity to accommodate the proposed use; and g. The proposed use, building design, and site layout will comply with all the provision of the zoning chapter and to the extent considered by this board, with other regulations and ordinances of the town, with the building code and all other state and federal laws, rules and regulations and with the Town's Comprehensive Plan; and h. The proposed access and egress for all structures and uses are safely designed and the site layout provides adequate access for emergency vehicles; and i. The general effect of the proposed use upon the community as a whole, includingsuch items as traffic load upon public streets 2ind load upon water and sewer systems is not detrimentalto the health, safety and general welfare of the community given that there will be no impact at all on these items; and j. The lot area, access, parking, and loading facilities are sufficient for the proposed use and access,psirking and loading facilities are adequately buffered to minimize their visual impact given that access, parking and loading facilities are not applicable;and k. Natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town or local law or ordinance and existing drainageways are not altered in a manner that adversely affects other properties as shown by the applicant's control of the stormwater runoff of the coop;and 1.To the extent reasonably deemed relevant by this board, the proposed use or structure complies with all the criteriaapplicable to site plan review set forth in this chapter. And with the following Conditions ZBA Meeting 05-16-2016 page 8 1.That there be up to 12 hens and no roosters 2.That any existing fences around the property and gardens must be maintained in a similar condition to those described in the application submitted for this appeal 3.That there be no Guinea fowl 4.That the chicken coop shall be substantially built and located as presented in the application 5.That the food for the chickens shall be stored in an animal-proof container Vote Ayes: Rosen, King, Decker, Jung,Vignaux Other Business Approval of Minutes Mr.Rosen moved and Mr.Vignaux seconded approval of the March minutes.The vote was unanimous,with Mr.Vignaux voting. Mr.Rosen will send an email to the Town Clerk with a recommendation to the Town Board for the appointment of George Vignaux as a full member of the Zoning Board of Appeals. Caren Rubin will continue as the alternate. Submitted by, Debra DeAugistine, Deputy Town Clerk ZBA Meeting 05-16-2016 page 9