HomeMy WebLinkAboutZBA Minutes 2022-07-12Town of Ithaca
Zoning Board of Appeals
Tuesday, July 12, 2022 @ 6:OOpm
215 N. Tioga St.
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Ayenda
- 0008-2022 Appeal of Joel Crispin Brotherton; owner of 171 Calkins Rd., Tax
Parcel No. 33.4-4.1
- 0009-2022 Appeal of Matthew Thompson, owner; Susan C. Kirby
Esq., applicant/agent of 101 Snyder Hill Rd., Tax Parcel No. 60.4-9.3
- 0011-2022 Appeal of Namgyal Monastery Institute, owner; Sara Hayes,
applicant/agent of 201 Tibet Drive, Tax Parcel No. 43.-2-10
- 0012-2022 Appeal of Peter and Christine Stratakos, owners of 360 King
Road W., Tax Parcel No. 35.-2-6.1
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Town of Ithaca
ZONING BOARD OF APPEALS
July 12, 2022, 6:00 p.m.
MINUTES
Present: David Squires, Chair; Members David Williams, Chris Jung, Stuart Friedman, and
George Vignaux.
Marty Moseley, Director Code Enforcement, Susan Brock, Attorney for the Town, Paulette
Rosa, Town Clerk.
Continuation: 08-2022 Appeal of Joel Crispin Brotherton; owner 171 Calkins Road, TP
33. 1-4.1 seeking relief from Town of Ithaca Code sections 270-21.9.2 (Limitations on home
occupations) 270-219.2
Mr. Brotherton explained that he is looking to add 474 sf in the second story of existing building
that has a variance from 1992 for a 600-sf wood shop below it. Also, asking for the addition of
two cars to parking capacity for the design team to meet occasionally with clients in the second -
floor space. There are four parking spaces in the original variance. There may be need to air bnb
his home to offset the cost of renting commercial space.
Mr. Squires recapped that the home occupation regulations allow 500 sf. In 1995 a variance was
granted for 600 sf use. At that time was the second -floor space built?
Mr. Brotherton replied that the finished space upstairs was built at the time, but he is not aware
of the arrangement the former owner had with the town regarding that existing space.
Mr. Squires opened the public hearing at 6:14 p.m. There was no one requesting to address the
board and the public hearing was closed.
Ms. Brock clarified the parking regulations and there is not a hard limit of four based on how the
proposed use is phrased. The Towns home occupation law does not speak to parking spaces but
rather traffic load in that the business shall not generate traffic in any greater volume than would
normally be expected in a residential neighborhood and any need for parking generated by the
use shall be met off street an in accordance with any other regulation of the zoning chapter.
Mr. Brotherton clarified that they do not park on the Calkins Rd and the one instance noted was a
photographer unloading their equipment for shooting a play.
The lease for the former Taber Street Auto Repair location at 805 Taber Street is pushed back to
August 1 st due to covid.
Mr. Squires closed the public hearing at 6:16 p.m.
ZBA 2022-07-12 (Filed 3/2023) Pg. 1
Changes were made to the SEQR form.
ZBAA Resolution 08-022 SEQR Determination — Area Variance
171 Calkins Road, TP 33.-1-4.1
Resolved that this Board makes a negative determination of significant environmental impact
based on the information in Parts 1 Mr. Squires and for the reasons stated in Parts 2 & 3.
Moved by: David Squires Seconded by: Mr. Friedman
Votes: ayes — Squires, Jung, Williams, Friedman, and Vignaux
FOINUIROULTNI 1►
Mr. Squires stated that he was concerned about the size of the home occupation being granted
given that the original is variance was granted at 500' feet and then they were given 600' feet
and now the request is for 1,000' feet and it may be setting a precedent.
Ms. Jung said she does think that it is a substantial request but is a unique situation in that it is in
an agricultural zone and in an existing building. The use of the building is being reduced in
effect and the business and the set up is unique enough to provide a variance and not set a
precedent.
Mr. Williams agreed, saying the balancing tests would show the effect is reduced and a net
positive to traffic impacts.
Mr. Friedman agreed with Ms. Jung and Mr. Williams, saying his only concern is what happens
if Mr. Crispin moves out, and asked if the variance runs with the property.
Ms. Brock responded that it does run with the land, and you shouldn't look at an individual's
circumstances in weighing the balancing criteria.
Mr. Squires asked if the Board could restrict the use of the building as used in the home business
activities.
Ms. Brock responded that they could. For example, limit heavy equipment on the site associated
with the home occupation.
Mr. Crispin noted that he has a Toyota Tundra that he uses for business and personal uses and is
his work rig, and he would like that to be allowed, but other vehicles with business signage
would not be at the site.
Mr. Vignaux stated that he sees no problem with the request.
ZBA 2022-07-12 (Filed 3/2023) Pg. 2
During the drafting of the resolution granting the variance, a change was necessary to the SEQR
form Part 3 to read: "All commercial vehicle traffic except that associated with the wood shop,
and most field crew employee traffic will utilize....." The SEQR resolution was amended and
reaffirmed. Moved by David Squires, seconded by Mr. Vignaux, unanimous.
ZBAA Resolution 08-022
Area Variance
171 Calkins Road, TP 33.-1-4.1
Resolved that this Board grants the appeal of seeking relief from Town of Ithaca Code sections
270-21.9.2 (Limitations on home occupations) 270-219.2 to be permitted to increase the size of
his home occupation, with the following
Findings
That the benefit to the applicant does outweigh any detriment to the
1. That the benefit the applicant cannot be achieved by any other means feasible to the
applicant, given that the most cost-effective means of continuing the home occupation
use with the bulk of the activities and storage moved off site is the most economical
and logical solution of adding office space for the home occupation in the current
building, and
2. That there will not be an undesirable change in the neighborhood character or
detriment to nearby properties given that the building is existing and no alternations or
expansions of the footprint or building is being proposed, and, that the activities as
described by the applicant that will continue at the site will be greatly reduced given
that all construction vehicle traffic, except that associated with the wood shop, and
most field crew employee traffic will be based at the new offsite location and the
office used for meetings, accounting and similar tasks, and
3. That the request is substantial, given that 500' feet is allowed, 600 feet is currently
granted, and the request is for 1,000', and
4. That the request will not have any adverse physical or environmental effects for the
reasons stated in Part 3 of the SEQR form, and
5. That the difficulty is self-created, but on balance, this Board finds that the benefit to
the applicant outweighs any detriment to the health, safety and welfare of the
community, and with the following:
Conditions
1. No outside storage of materials related to the home occupation
Motion made by: David Williams
Seconded by: George Vignaux
ZBA 2022-07-12 (Filed 3/2023) Pg. 3
Votes: ayes — Squires, Jung, Williams, Friedman, and Vignaux
Mr. Moseley spoke to the concern about setting a precedent, saying the Board does not set
precedent as they look at each variance individually and weigh the criteria based on the material
and information submitted.
Mr. Brotherton thanked the board and stated that he intends to be a good neighbor.
ZBAA 0009-2022 Appeal of Matthew Thompson, owner; Suzanne Wilson, applicant/agent
of 1.01 Snyder Hill Rd, TP 60.4-9.3, seeking relief from Article IX (Medium Density
Residential Zone) of the Town of Ithaca Code to allow for a Wellness Medical Spa use to
operate at 101 Snyder Hill Road, where this use is not permitted within Article IX of the Town
of Ithaca Code. The current property is located in the Medium Density Residential Zone.
Susan Kirby, Agent, gave an overview, saying that Dr. Thompson wants to retire and sell his
dental office to a wellness doctor, which is a similar medical provider service with limited traffic
and no alterations are planned. The parking lot holds 7 cars, and the new owner would not be
increasing that, and the traffic would be the same.
Mr. Tavelli, Attorney for the buyer added that Dr. Thompson has tried to sell his dental business
for over two years and dentist don't want to be sole practitioners anymore. The wellness office
will have the same number of employees and patients and if the variance had been termed
medical offices, rather than "dental" office, this variance wouldn't be needed. He added that
Habitat of Ithaca has awarded Dr. Thompson multiple awards for maintaining the building, and
his client does not plan to change a single thing. Dentists don't do single practitioners anymore
and it just isn't marketable as a sole practitioner in that field.
Mr. Squires opened the public hearing at 7:19 p.m.. There was no one wishing to address the
board and the public hearing was closed.
The Board went through the SEQR form and made minor changes.
ZBAA Resolution 0009-2022 Use Variance
1.01 Snyder Hill Rd
TP 60.-1-9.3, MDR
Resolved that this Board makes a negative declaration of environmental significance based on
the information in Part 1 and the reasons stated in Parts 2 & 3 of the SEQR form.
Moved: David Williams Seconded: Chris Jung
Votes: ayes — Squires, Jung, Williams, Friedman, and Vignaux
ZBA 2022-07-12 (Filed 3/2023) Pg. 4
DETERMINATION
ZBAA Resolution 0009-2022 Use Variance
1.01 Snyder Hill Rd
TP 60.-1-9.3, MDR
Resolved that this Board grants the appeal of Matthew Thompson, owner; Suzanne Wilson,
applicant/agent of 1.01 Snyder Hill Rd, TP 60.-1-9.3, seeking relief from Article IX (Medium
Density Residential Zone) of the Town of Ithaca Code to allow for a Wellness Medical Spa use
to operate at 101 Snyder Hill Road, where this use is not permitted, with the following:
Findings
That there will not be any undesirable change to the character of the neighborhood or
detriment to nearby properties given the use is in the medical field and very similar to the
current dental office, and
2. That the applicant cannot realize a reasonable return as substantially shown by the
statements of the agent saying the property being on the market for over two years, and
the reconfiguration of the home to a dental office included converting larger rooms into
smaller examination rooms, which would be very costly to convert back to a residential
use only and the property is valued higher as a medical office, and
3. That the alleged hardship is unique and does not apply to a substantial portion of the
district or neighborhood given that the property is in medium density residential and
surrounded by private residences, and
4. That the alleged hardship is not self-created in that the applicant invested over $185k to
convert the home to a dental office over 28 years ago, and the current value is $265k, and
has proven un-sellable as a single-family house, but is sellable as a similar medical use
occupation, and he could not have reasonably foreseen the decline of the popularity of
single practitioner dental offices, and the cost of converting back to a residence is very
high, and the assumption was a dental office was the same as any medical office, and
That the applicant is not proposing any changes to the essential character of the building,
and
6. That the benefit to the community is positive in having the ability to have a wellness
medical office use of the property, and with the following
Conditions
1. That the appearance of the house will be maintained to blend in with the other
residential properties, and
ZBA 2022-07-12 (Filed 3/2023) Pg. 5
2. That there will not be any on -street parking by clients or staff and the existing parking
area remain.
Moved: David Squires Seconded: Chris Jung
Votes: ayes — Squires, Jung, Williams, Friedman, and Vignaux
0011-2022 Appeal of Namgyal Monastery Institute, owner; Sara Hayes,
applicant/agent of 201 Tibet Drive, Tax Parcel 41 2-10 seeking relief from
Town of Ithaca Code Chapter 270-546 to install a single temporary sign
approximately 32' sgft. Where 24' sgft is permitted.
Ms. Hayes gave an overview of the request.
Mr. Squires opened the public hearing.
Claire Forest spoke in favor and support of the variance.
Mr. Squires closed the public hearing.
SEQR Determination
ZBAA Resolution 001.1-022 SEQR Sign Variance
201 Tibet Dr TP 43.-2-10
Resolved that this Board makes a negative determination of environmental significance based on
the information in Part 1 and for the reasons stated in Parts 2 and 3 of the SEQR form.
Moved: David Williams Seconded: David Squires
Vote: ayes — Williams, Squires, Jung, Friedman and Vignaux
Determination
ZBAA Resolution 0011-022 Sign Variance
201 Tibet Dr TP 41-2-10
Resolved that this Board grants the appeal of Namgyal Monastery, 201 Tibet Dr, Tax Parcel 43.-
2-10 seeking relief from Town of Ithaca Code Chapter 270-546 to install a single temporary sign
approximately 32' sgft. Where 24' sgft is permitted, with the following
Conditions
1. That the sign be constructed, and places substantially as shown in the application
materials,
ZBA 2022-07-12 (Filed 3/2023) Pg. 6
2. That the sign is not lighted, and
3. That the sign is not placed in the road ROW, and
4. That the sign be removed upon opening of the facility, and
5. That the sign orientation remains as it is, and with the following
Findings
l . That the benefit cannot be achieved by any other means feasible, given that the request
is for a larger sign that will be visible and legible on a busy roadway, and
2. That there will not be any undesirable change in neighborhood character or detriment
to nearby properties given that the sign is relatively small and needed to inform the
public that construction is happening, and an opening of the venue is coming; the
topography and existing vegetative buffers necessitate an increase in the size of the
sign, and
3. That the request is substantial, given that 24' sq ft is permitted, and
4. That the request will not have any adverse environmental effects as stated in the SEQR
determination, and
5. That the alleged difficulty is self-created, but, nevertheless
The benefit to the applicant outweighs any detriment to the health, safety and welfare of the
community for the reasons stated.
Moved: David Williams Seconded: Stuart Friedman
Vote: ayes — Williams, Squires, Jung, Friedman and Vignaux
001.2-2022 Appeal of Peter and Christine Stratakos, owners of 360 King Road W., TP 35: 2-
6.1, LDR, seeking relief from Town of Ithaca Code Chapter 270-204A, 270-205A, 270-206, and
270-60C to rebuild an existing non -conforming dwelling that was approximately 450 sgft with
one approximately 765 square feet, and a side yard setback is proposed to be 20 feet where 40'
feet is required.
Christine Stratakos gave an overview of the project, stating that the existing building, which had
two units in it, burned down and they want to replace it with approximately 10' sq ft of living
room and space for the utilities inside rather than replace them outside as they were. They have
owned the property since the 1980's and the rental needs have changed and therefore more room
is needed and the change will improve the property aesthetically.
Mr. Squires opened the public hearing at 8:30 p.m.
Claire Forest spoke against the variance by reciting her perception of an altercation with the
owners in the past. Mr. Squires asked if she had any comments relative to the actual appeal, and
she did not.
Liz Coakley (Mr. Moseley read a chat statement because she had to leave), saying that she is an
adjoining neighbor and she and her partner supports the appeal and they are not concerned about
ZBA 2022-07-12 (Filed 3/2023) Pg. 7
the impact this project will have on their neighborhood, but wanted to note that this may have an
unintended precedent setting affect and they like their rural feel.
There was some argument between Ms. Forest and Ms. Stratakos, with Ms. Stratakos saying
what Ms. Forest stated is lies.
The Board responded that this is not relevant to the appeal and this is not the place for this type
of discussion.
Mr. Squires closed the public hearing.
SEQR Determination
The SEQR form was reviewed and modified.
ZBA Resolution 001.2-2022 SEQR Area Variance(s)
360 King Road W., TP 35: 2-6.1, LDR
Resolved that this Board makes a negative determination of environmental significance based
upon the information in Part 1 and for the reasons stated in Parts 1 & 2 of the SEQR form.
Moved: David Squires Seconded: Chris Jung
Vote: ayes — Squires, Williams, Jung, Friedman and Vignaux
Determination
Mr. Squires noted that the applicants can rebuild on the existing footprint and continue the non-
conforming use as of right. The question is the increase in size and decrease in the set back.
ZBA Resolution 001.2-2022 Area Variance(s)
360 King Road W., TP 35: 2-6.1, LDR
Resolved that this Board grants the appeal of Christine Stratakos, owners of 360 King Road W.,
TP 35.-2-6.1, LDR, seeking relief from Town of Ithaca Code Chapter 270-204A, 270-205A,
270-206, and 270-60C to rebuild an existing non -conforming dwelling that was approximately
450 sgft with one approximately 765 square feet, and a side yard setback is proposed to be 20
feet where 40' feet is required.
Conditions
1. The new structure be built substantially as shown in application, and
2. The side yard setback be no less than 19' 6" from the side yard property line, and
ZBA 2022-07-12 (Filed 3/2023) Pg. 8
with the following
1. That the benefit the applicant wishes to achieve could be realized by rebuilding on the
existing footprint which is permitted as of right; however, the proposed increase in size
would allow for certain utilities to be inside and is more appropriate for a customary
small dwelling, and
2. That there will not be and undesirable change in neighborhood character or detriment to
nearby properties given that there has been a house there before and therefore there will
not be an increase in traffic and the proposed structure is still on the smaller side and will
not be uncommon or a noticeable change on the lot from the public roadway, and
3. That the request is substantial given that the previous footprint was approximately 450'
square feet and the proposed footprint is approximately 765' square feet; the proposed
setback is an increase in the nonconformity given that it will be 20' feet where the former
non -conformity was 27' feet and 40' feet is required, and
4. That the request will not have any adverse physical or environmental effects for reasons
stated by the environmental assessment form
5. The alleged difficulty is not self-created as a fire destroyed the prior dwelling, and
This Board finds that the benefit to the applicant outweighs any detriment to the health,
safety, and welfare of the community for the reasons stated.
Moved: David Williams Seconded: Chris Jung
Votes: ayes — Squires, Jung, Williams, Friedman, and Vignaux
Meeting was adjourned upon motion by Mr. Squires, seconded by Mr. Williams, unanimous.
ZBA 2022-07-12 (Filed 3/2023) Pg• 9