HomeMy WebLinkAboutZBA Minutes 2020-12-08Town of Ithaca
Zoning Board of Appeals
Tuesday December 8, 2020 @ 6:00pm
215 N. Tioga St.
Due to public health and safety concerns related to COVID-19, the Zoning Board of
Appeals will not be meeting in -person. In accordance with the Governor's Executive
Order 202.1, this meeting will be held by video conferencing through the Zoom app. The
public will have an opportunity to see and hear the meeting live and provide comments.
AGENDA
0010-2020 Appeal of Susan Cosentini (New Earth Living LLC), owner of tax parcel 31.1-1-
32 (formally known as 619 Five Mile Drive), is seeking relief from Town of Ithaca Code section,
270-54 D. (Signs in Residential and Conservations Zones), for a proposal to install a sign that is
larger than 6 square feet for a single sign and larger than 16 square feet for the total sign area
allowed per parcel.
Town of Ithaca Code section 270-54 D requires that the total aggregate sign area cannot
exceed 16 square feet in area and no one sign shall be allowed to be larger than 6 square feet
in area, where the current proposed sign is 56 square feet in area (4-feet x 14-feet) and
exceeds to maximum size specified.
The current property is located in the Medium Density Residential District.
INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet or
smart -phone, you can access the Zoom meeting by going to www.zoom.us and clicking on
"JOIN MEETING", and entering 944-393-1973 into Meeting ID. You can also call in to the Zoom
meeting at +1 (929) 436-2866.
On the evening of 12/8/2020, at 5 minutes before 6:00pm, join in with your computer,
smartphone or telephone. You will be placed on hold until the meeting starts. Questions about
accessing the Zoom video conference should be emailed to ctorres .town.ithaca.ny.us or 273-
1783 ext. 2.
Marty Moseley
Director of Code Enforcement
TOWN OF ITHACA
ZONING BOARD OF APPEALS
December 8, 2020
Due to public health and safety concerns related to COVID-19, and in accordance with the
Governor's Executive Order(s), this meeting was held by video conferencing on the Zoom app.
Minutes
Present: Rob Rosen, Chair; Members Christine Jung, George Vignaux, Bill King, David
Squires; Alternates David Filiberto and David Williams; Marty Mosely, Codes; Paulette Rosa,
Town Clerk; Susan Brock, Attorney for the Town
Mr. Rosen called the meeting to order at 6:00 p.m.
Agenda Item 1
0010-2020 Appeal of Susan Cosentini (New Earth Living LLC), owner of tax parcel 31.1-1-
32 (formally known as 619 Five Mile Drive), is seeking relief from Town of Ithaca Code section,
270-54 D. (Signs in Residential and Conservations Zones), for a proposal to install a sign that is
larger than 6 square feet for a single sign and larger than 16 square feet for the total sign area
allowed per parcel.
Town of Ithaca Code section 270-54 D requires that the total aggregate sign area cannot exceed
16 square feet in area and no one sign shall be allowed to be larger than 6 square feet in area,
where the current proposed sign is 56 square feet in area (4-feet x 14-feet) and exceeds to
maximum size specified.
Ms. Cosentini was present and gave an overview of the appeal.
Ms. Cosentini stated that this is a temporary sign, and part of what is on the sign is her local
partners and room for other tradesmen as they come on board the project. They are wonderful
small business, and she wants to help them too.
This is a heavily used road, and we want to let people know that we have affordable single-
family homes available to maybe reduce traffic and greenhouse emissions.
There will not be signage of this type after the project is complete and lighting is dark sky and
lighting law compliant.
Mr. Rosen turned to the Board.
Mr. Squires said he went to another construction site in the City to compare, the Artisan project;
because the question is what is usual or standard for construction sites. He didn't think this is
unusual for a construction site sign. If this were sponsored by NYS there would be a huge sign.
ZBA 2020-12-08 (filed 1/26/2021) Pg. 1
Mr. King asked if there are requirements for temporary signs.
Mr. Moseley responded that there is no difference between temporary or permanent.
Ms. Brock added that the old law used to differentiate between the two, but the new law
scrubbed all content -based criteria or use(s) and regulates by size.
Mr. Williams asked if this Board could do a time -limited variance and Ms. Brock stated that they
could.
Mr. King asked Ms. Cosentini why she had stated that she thought her sign was allowed.
Ms. Cosentini responded that she thought the word aggregate meant she could have 6' feet for
each parcel and there are 32 parcels.
Mr. Rosen asked if we were to allow a temporary sign for construction, the way the law is
written, anyone could then request a temporary sign, any business, it wouldn't have to be a
project under construction.
Ms. Brock state that the Board should be looking at impacts and the balancing test, not the
purpose or content of the sign.
Mr. Vignaux stated that the way he reads the law, she could put a small TO' foot sign on each
parcel then and that would look far worse than what she has.
He said it is a difficult sign to see and read as you are driving because it is perpendicular to the
road. You don't get anything information when you are driving by because of that and he did
not have a problem with the sign.
Mr. King asked Ms. Cosentini to what extent she thought she was relying on this sign to sell her
lots?
Ms. Cosentini replied that she couldn't say she has gotten leads directly related to the sign as
most seem to have come from Zillow or the internet. She said when she started this, she didn't
have the leads she has now, and just thought it is a busy road and people will see something and
then look it up. She added that there is a pull off area where people could stop if they were really
interested in reading the sign
Ms. Cosentini said that there is an aspect of mystery regarding the site because people know
something is happening, but not what, so the sign gives information about what is going on with
the site and the heavy equipment.
She added that if there was a house across the street, she would have thought differently, but it is
a cemetery, so it seemed to her like the impact was minimal and therefore a good idea.
ZBA 2020-12-08 (filed 1/2612021) pg. 2
Mr. Rosen state that his concern is that the need is not unique. Any business could ask for a sign
then and he was having a hard time seeing the justification for such a large variance. It is, in
effect, a billboard sign advertising a business or opportunity.
Ms. Cosentini responded that the reason for the size is to show the depiction of the final plan and
using a smaller sign would have made it look like a trailer park rather than the nice small -house
cluster development she is intending.
Discussion followed on options to move the sign back a bit and if granted, how long the variance
should be for.
Mr. Rosen opened the public hearing. There was no one present on the Zoom platform wishing
to speak and Ms. Rosa stated for the record that no one had emailed or called the Town Clerk's
office wishing to comment. The hearing was closed.
SEQR Determination
Mr. Mosely went through changes to the SEQR form.
The Board discussed the environmental impacts of the sign, focusing on the size of the sign, not
its use or content.
The Board discussed the fact that the road is a busy highway and although it is a residential
zone, there is a cemetery across the street and other lots have sheds and barns of significant size
which lessens the impact of this size of a sign in this particular parcel and therefore the impact is
not significant, and a negative determination can be made.
ZBA Resolution 2020-010 SEQR Determination
New Earth Living, LLC
TP 31.1-1-32
December 8, 2020
Resolved that this board makes a negative determination of environmental impact for the reasons
listed in Parts 1 and 2 and for the reason stated in Part 3 of the SEQR form.
Moved: Rob Rosen Seconded: Bill King
Vote: ayes- Rosen, King, Vignaux, Jung and Squires
Determination of Variance
It was noted that a verbal comment against the sign was received and at the Board discussed
anonymous statements and it was noted that comments can be anonymous. The City did
comment that they did not have an issue with the sign if it was temporary.
ZBA 2020-12-08 (filed 1/26/2021) Pg. 3
The Board went through the weighing criteria for the requested variance. Although there were
some concerns expressed about setting precedent, the Board felt that this would not set precedent
as each appeal would be looked at individually and the same criteria applied.
By limiting the variance to 9 months, the board felt this was a reasonable request for the scope of
the project and difficulty in communicating the availability of the property to the public and
given the area, it was not overly impacting the neighborhood or nearby properties.
Mr. Rosen noted that even given its size, in some way it seems unobtrusive.
ZBA Resolution 2020-010 Area Variance - Sign
New Earth Living, LLC
TP 31.1-1-32
December 8, 2020
Resolved that this board grants the appeal of Susan Cosentini (New Earth Living LLC), owner,
tax parcel 31.1-1-32 (formally known as 619 Five Mile Drive), seeking relief from Town of
Ithaca Code section, 270-54 D. (Signs in Residential and Conservations Zones), for a sign that is
larger than 6 square feet for a single sign and larger than 16 square feet for the total sign area
allowed per parcel, with the following
Conditions
1. That the sign be removed no later than September 30, 2021, and
2. That the sign shall not be placed in the highway right-of-way (ROW), and
3. That the sign receives any applicable approvals from the Planning Board, and
4. That the sign shall not be illuminated, and
5. That the sign orientation parallel to the road as it exists now, and with the following
Findings
1. That the benefit to the applicant does outweigh any detriment to the health, safety and
welfare of the community, specifically that the benefit that the applicant wishes to
achieve cannot be achieved by any other means feasible given that the request is for a
large enough sign to be seen and recognized on a busy roadway and is necessary to reach
people who travel the road daily, and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that it is a relatively small mass as far as construction, it is only 6' feet
tall, it is not illuminated, the colors are not fluorescent but muted, and blend into the
background in the photographs submitted and it will be temporary in nature; and there is
a large non-residential use, a cemetery, which is a unique situation in a residential area
and mitigates the impact, and finally, the closest residence is owned and occupied by the
applicant, which makes this unique, and
ZBA 2020-12-08 (filed 1/26/2021) Pg. 4
3. That the request is substantial given that the maximum allowed sign is 6' square feet and
this is 56' square feet, and
4. The request will not have adverse physical or environmental effects as evidenced by the
negative declaration on SEQR above; and
5. That while the alleged difficulty is self-created in that the applicant wishes to advertise
her project and a sign of this size is necessary, and
6. that the benefit to the applicant does outweigh any detriment to the health, safety, and
welfare of the community for the reasons stated above.
Moved: Rob Rosen Seconded: David Squires
Vote: ayes — Rosen, Squires, King, Jung and Vignaux
Agenda Item 2
Recommendation of 2021 Chair
Mr. Rosen indicated that he would be willing to continue as Chair. Motion made by Mr.
Vignaux, seconded by Mr. Squires to recommend Mr. Rosen continuing as Chair. Unanimous.
The Board also verified they would like to continue the same schedule of the second Tuesday of
the month at 6:00 p.m.
r
ZBA 2020-12-08 (filed 1/26/2021) Pg. 5
TOWN OF ITHACA
215 N. Tioga Street, Ithaca, N.Y. 14850
www.town.ithaca.ny.us
AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION
STATE OF NEW YORK ) SS.:
COUNTY OF TOMPKINS )
I, Christopher Torres, being duly sworn, depose and state, that deponent is not a party to the
actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca, New
York.
That on the 301h day of November 2020, deponent served the within Notice upon the property
owners within 500 ft. of the property identified below, for an appeal for a property Iocated at:
Tax Parcel # 31.1-1-32
By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care
and custody of the United States Post Office Department within the State of New York, and
that the attached notice has been duly posted on the sign board of the Town Clerk of the Town of
Ithaca on November 30th, 2020 and the notice has been duly published in the official newspaper,
Ithaca Journal on December 1, 2020.
TownBoaof Ithaca ' IXI = w
��Zoning'rd of A
- Y ecemher-!Tuesda. D ppeals "°` -cT f,;1
.. r. B,'2020,c-
f Gc r 275 N Tioga St l_u.
lJ ry, i
Due to �Aublrc � " l
P health 'and safety concerns ;r le �ted',to,
COViD t9,�the Zoning 88ard .w.qh eals:wil11not',be meet'
ing '. person .In'accordance with the_Governor's Eicecu-
r true Orderr 202 7, this= meeting'' will • be held,, by video`
Christopher Torres, Administrative Assistant a opporcfurn through the Zoom'app The publrc.,wrll-have
p , n, ty:to see.arid, hear.t►,o .. _
Sworn to before me on D-eC-J�, 2020.
Notary Pub i
BECKY L. JORDAN '
NOTARY PUBLIC -STATE OF NEW YORK
No. 0]J06186381
Qualified In Tompkins County
My Commission Expires April 28. 20V
3 i i ' AGENDA
j,. 009D-2020,gppeal of�5usan Cosentini (fi LLQ.;owner of tax+•parcel,-3,t_7-1-32' (fog 619 Five Mile Drive) isseek9ng-relief fron Code s ction; 270-54 p., (Signs,lin. Resider Vations Zones);:fbra p'roposa{ to,iriesi r er�than 5_sq'uare?feet`f6r a 5i :t e'sign an square fe6t for the totalsign�area'allowed
Town of-Ithaca`Code] sectrori 270=54
total,'aaQre�are RD n
eS. The.1current.%property'is
Residentlai-Drstrict:� �iif-
INSTRUCTIONS TO`'AC�ES
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You are receiving this notice because you live within 500 feet of a property requesting a
variance from the Town Code. Comments can be made during the meeting, or in writing
via mail to 215 N. Tioga St., or via email to ctorres(a�town.ithaca.ny.us
All comments become part of the official record.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday, December 08, 2020 at 6:00 p.m.
215 N. Tioga St.
Due to public health and safety concerns related to COVID-19, the Zoning Board of
Appeals will not be meeting in -person. In accordance with the Governor's Executive Order
202.1, this meeting will be held by video conferencing through the Zoom App. The public
will have an opportunity to see and hear the meeting live and provide comments.
INSTRUCTIONS TO ACCESS THE VIRTUAL MEETING: If you have a computer, tablet
or smart -phone, you can access the Zoom meeting by going to www.zoom.us and clicking on
"Join a Meeting", and entering 944-393-1973 into the Meeting ID. You can also call in to the
Zoom meeting at +1 (929 436 2866).
0010-2020 Appeal of Susan Cosentini (New Earth Living LLC), owner of tax parcel
31.1-1-32 (formally known as 619 Five Mile Drive), is seeking relief from Town of Ithaca
Code section, 270-54 D. (Signs in Residential and Conservations Zones), for a proposal to
install a sign that is larger than 6 square feet for a single sign and larger than 16 square feet for
the total sign area allowed per parcel.
Town of Ithaca Code section 270-54 D requires that the total aggregate sign area cannot exceed
16 square feet in area and no one sign shall be allowed to be larger than 6 square feet in area,
where the current proposed sign is 56 square feet in area (4-feet x 14-feet) and exceeds to
maximum size specified.
The current property is located in the Medium Density Residential District.
Marty Moseley
Director of Code Enforcement