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HomeMy WebLinkAboutZBA Minutes 1990-06-27TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, JUNE 27, 1990 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 Wednesday, June 27, 1990, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N.Y., COMMENCING AT 7:00 P.M., on the following matters. APPEAL of Robert and Carol Fay, Appellants, requesting authorization by the Board of Appeals, pursuant to Article XII, Section 54, of the Town of Ithaca Zoning Ordinanc.e, for the proposed construction of a garage and additional living space, at an existing non -conforming building/lot located at 318 Eastwood Avenue, Town of Ithaca Tax Parcel No. 6-60-1-35, Residence District R-15. Said building/lot is non -conforming, in part, because subject parcel is not 60 feet wide at the street line of a Town, County, or State highway. APPEAL of Jeffrey and Jody Boronkay, Appellants, requesting Special Approval of the Board of Appeals, pursuant to Article V, Section 18, Paragraph 18, for the operation of a Group Family Day Care Home for up to 12 children proposed to be located at 3 Evergreen Lane, being a portion of Town of Ithaca Tax Parcel No. 6-22-1-1.2, Residence District R-30. APPEAL of Barry Wixson, Appellant, requesting variance from the requirements of Article IV, Section 14, of the Town of Ithaca Zoning Ordinance, to permit the construction of a single-family home with a proposed north sideyard building setback of 17 feet and a south sideyard building setback of 17 feet, whereas a 25-foot sideyard building setback is required for lots upon which a 100-foot by 150-foot rectangle cannot be inscribed. Said home is proposed for location at 122 Park Lane, Town of Ithaca Tax Parcel No. 6-56-3-13.4, Residence District R-15, 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. Andrew S. Frost Building Inspector/Zoning Enforcement Officer Town of Ithaca 273-1747 Dated: June 19, 1990 Publish: June 22, 1990 Town of Ithaca 4 Zoning Board of Appeals June 27, 1990 A vote on the motion resulted as follows. Ayes - King, Hines, Austen, Reuning. Nays - None. The motion was carried unanimously. The second Appeal on the Agenda was the following. APPEAL OF JEFFREY AND JODY BORONKAY, APPELLANTS, REQUESTING SPECIAL APPROVAL OF THE BOARD OF APPEALS, PURSUANT TO ARTICLE V, SECTION 18, PARAGRAPH 18, FOR THE OPERATION OF A GROUP FAMILY DAY CARE HOME FOR UP TO 12 CHILDREN PROPOSED TO BE LOCATED AT 3 EVERGREEN LANE, BEING A PORTION OF TOWN OF ITHACA TAX PARCEL NO, 6-22- 1-1.21 RESIDENCE DISTRICT R-30. Mr. and Mrs. Jeffrey Boronkay appeared before the Board and Mr. Boronkay explained the project. Mr. Boronkay stated that they are having a new home built at 3 Evergreen Lane in the Poyer Subdivision. It is a two-story residential home with a walk -out basement to the backyard area. It is on one and one-half acres, mostly of a rectangular nature. The walk -out portion of the basement, which is at the end of the house, is going to have 600 square feet finished with heat and that is the designated area for the family day care which Mrs. Boronkay will be operating. Mr. Boronkay explained that it is an operation which will run from 9:00 a.m. to 12 noon, 3 mornings a week, Tuesday, Wednesday and Thursday, for a total of 9 hours with a maximum number of 12 children. The children will be supervised at all times by Mrs. Boronkay and an assistant and playground activities will be in the backyard, which is approximately an acre of land. Mr. Boronkay went on to explain that the 600-square-foot portion has two separate means of egress and five windows. Mrs. Boronkay stated that there is also a 4-head sprinkler installed for the 600-square-foot portion of the house. Mrs. Boronkay stated that the property is all bordered with evergreens on both sides and the back side that are tall so the play area won't be seen from the other properties. Vice-chairman Austen read into the record a letter signed by 11 neighbors of the Boronkays, which is attached hereto as Exhibit #1. Vice-chairman Austen asked Mrs. Boronkay what ages the children that would be attending her day care are. t Town of Ithaca Zoning Board of Appeals June 27, 1990 5 Mrs. Boronkay responded that they are pre-schoolers, 2 1/2 to 4 years old and they would only be there nine hours per week. Mrs. Boronkay stated that there would be no sign on the property advertising the day care. Vice-chairman Austen read a letter from David J. Stotz, dated 6/7/90, attached hereto as Exhibit #2. Vice-chairman Austen opened the public hearing. No one appeared to address the Board. Vice-chairman Austen closed the public hearing. Vice-chairman Austen read Assessment Form, dated 6/21/90 Assistant Town Planner. That hereto as Exhibit #3. Environmental Assessment Part III of the Environmental and signed by George Frantz, portion of the EAF is attached MOTION By Mrs. Joan Reuning; seconded by Mr. Robert Hines. RESOLVED, that in the matter of the request by Jeffrey and Jody Boronkay for the operation of a Group Family Day Care Home for up to 12 children proposed to be located at 3 Evergreen Lane, being a portion of Town of Ithaca Tax Parcel No. 6-22-1-1.2, Residence district R-30, the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance. The voting on the Environmental Assessment was as follows: Ayes - Reuhing, Hines, Austen, King. Nays - None. The Motion was carried unanimously. Mr. King asked the Boronkays about the area where the children will be dropped off and picked up. Mrs. Boronkay responded that they have a turn -around and also Evergreen Lane is a cul-de-sac. Town of Ithaca 6 Zoning Board of Appeals June 27, 1990 MOTION By Mrs. Joan Reuning, seconded by Mr. Edward King. RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Special Approval to Jeffrey and Jody Boronkay for the operation of a Group Family Day Care Home for up to 12 children, proposed to be located at 3 Evergreen Lane, with the following findings and conditions.0 is there is a real need for this type of facility in the area of Evergreen Lane, 2* no one appeared in opposition to the proposal and there were letters presented in favor of the Group Family Day Care Home; 39 the proposal is in conformance with the requirements of Section 77.7, paragraphs a-f, 4* that the home not be operated for more than 12 children and that it be operated in the basement of the home and in the play area; 5e that the home may be operated for 3 undesignated week days for a period of 3 hours per day. The voting on the Motion was as follows: Ayes - Reuning, King, Austen, Hines. Nays - None. The motion was carried unanimously. The third Appeal on the Agenda was the following: APPEAL OF BARRY WIXSON, APPELLANT, REQUESTING VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV, SECTION 14, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A SINGLE-FAMILY HOME WITH A PROPOSED NORTH SIDEYARD BUILDING SETBACK OF 17 FEET AND A SOUTH SIDEYARD BUILDING SETBACK OF 17 FEET, WHEREAS A 25-FOOT SIDEYARD BUILDING SETBACK IS REQUIRED FOR LOTS UPON WHICH A 100-FOOT BY 150 FOOT RECTANGLE CANNOT BE INSCRIBED. SAID HOME IS PROPOSED FOR LOCATION AT 122 PARK LANE, TOWN OF ITHACA TAX PARCEL NO. 6-56-3-13.4, RESIDENCE DISTRICT R-15, Mr. Barry Wixson appeared before the Board. Town Attorney Barney asked Mr. Wixson what the length of the proposed house is. TOWN OF ITHACA 126 East Seneca Street Ithaca, New York 14850 (607) 273-1747 SPEC IAL A P P R O V A L to the FEE: $100000 RECEIVED: O LT „) )- q0 CASH - (_) CHECK - ( +' ZONING: For Office Use Only Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca, New York Having been informed that authorization is required to: operate a Group Family Day Care Home in our principal residence at 3 Evergreen Lane Town of Ithaca Tax Parcel No. #22-1-1.2 (part of) Deed ref. #641/644 as shown on the accompanying application and/or plans or other supporting documents. The Special Approval authoriza- tion is requested pursuant to: Article(s) V , Section(s) 18, Number 18 of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this request for Special Approval authorization. (Additional sheets may be attached as necessary.) Please refer to the attached documents that more fully describes our request for Special Approval. We have attached a: copy of a letter to Mr. Andrew Frost; copy of the subdivision map; plot plan illustrating our property and the surronding area; plot plan illustrating the layout for the Group Family Day Care Home; statement signed by all the bordering neighbors of our property indicating that they have no objections to our proposal; and copy of the draft deed restrictions for the Poyer subdivision. By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my applica- tion. Signature of Owner/Appellant: - I Zd Date:_ / / d Signature of Appellant/Agent: ecv Date: Home Telephone Number: (607) 272-6712 Work Telephone Number: same Jody D. Boronkay Jeffrey J. Boronkay 518 Utica St. Ithaca, NY 14850 June 11, 1990 Mr. Andrew S. Frost Building Inspector Zoning Enforcement Officer Town of Ithaca 126 E. Seneca St. Ithaca, NY 14850 Dear Mr. Frost: We are formally requesting Special Approval to operate a Group Family Day Care Home at our principal residence at 3 Evergreen Lane, Ithaca, NY 14850. We plan to operate the Group Family Day Care Home on Tuesday, Wednesday and Thursday from 9:00 a.m. to 12:00 noon; a total of 9 hours per week. The Group Family Day Care Home will have a maximum of twelve (12).children. The children will be supervised at all times. Playground facilities will be provided and located in the backyard area which is bordered by tall pine trees. The 600 square feet finished portion of the basement, which will be used for the Group Family Day Care Home, has a walk -out door to ground level, several windows and two (2) separate exits. No other part of our residence will be used for purposes of operating the Group Family Day Care Home. Please provide us in writing with the necessary requirements to comply with the applicable building and zoning regulations. 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Road, b.- Both side lot lines, c. Rear of lot. 3. North arrow. 4. Dimenslons and location of proposed structure(s) or or addition(s). 5. Names of neighbors who bound lot. b. Setback of neighbors. 7. Street name and number. 8. Show existing structures in contrasting lines. 0�< y kle,r ,yre rj LAB 0 2 �y Signature of Owner/Appellant: Signature of Appellant/Agent: Date. Date: PLOT PLAN INFORMATION TO BE SHOWN: 1. Dimensions of lot. 2. Distance of structures from: a. Road, b. Both side lot lines, c. Rear of lot. 3. North arrow. Signature of Owner/Appellant: Signature of Appellant/Agent: 4. 5. 6. 7. 8. Dimensions and location or addition(s). Names of neighbors who Setback of neighbors. Street name and number. of proposed structure(s) or bound 1 of . Show existing structures in contrasting lines. go 5&ft, Ltj oL4— Fo k i "Ioto ° 9A^or � 1 d� l.,o.�e.- 1�►--cam tit Vi IDA7 606t mew = L. Date. Date: To: Town of Ithaca, Zoning Board of Appeals We the undersigned acknowledge that Jody D. Boronkay and Jeffrey J. Boronkay are requesting Special Approval to operate a small nursery school from their home at 3 Evergreen Lane, Ithaca, NY 14850. The nursery school will be operated by Jody D. Boronkay on Tuesday, Wednesday and Thursday from 9:00 a.m. to 12:00 noon and that all activities from the school will be confined to their property at 3 Evergreen Lane and will be supervised by qualified teachers at all times. We further acknowledge that the proposed nursery school at 3 Evergreen Lane will be in proximity to our property and that we believe that it will not have any adverse impact on the neighborhood or quality of life. Name Address �aD cal o L'Xj 6Q1 s RA 4* tCGS-cam vylC.ltt- A Ul x 7V 5. 6. 7, 8. 3 Q2,CO4&A�� VC[.; ( , Phone a�3- vy9� '7 � - z30'i �73'�G3c� �Z6U o� u e � 73 —;'e 7 RESTRICTIONS FOR INCLUSION IN DEEDS J RELATIVE TO POYER SUBDIVISION, EVERGREEN LANE, TOWN OF ITHACA Ilk 5/ 1. Premises shall be used for residential purposes only and may be improved with a residential dwelling containing units for not more than two (2) families, private garage for personal passenger It �+ vehicles of those residing in the dwelling, and structures incident to the private residential dwelling. Any such dwelling co structed on said premises shall have an area of not less than �d 1,( 00 square feet excluding basement area. + A 2. No chickens or livestock of any nature or description shall be kept upon the premises except the usual household pets may be maintained. No kennels will be permitted. 3. Any dwelling constructed on the premises or construction of any permitted structure shall be completed within eighteen (18) months of the commencement of said construction. 4. No trailers excepting construction trailers during construction, campers, boats, or mobile homes shall be kept upon the premises for a period in excess of forty-eight (48) hours. 5. Premises shall not be used for the storage of any materials, machinery, equipment or supplies of any kind or nature except during the construction of any improvement upon the premises. 6. No building may be constructed less than forty (40) feet from the highway right of way which such structure faces or closer than fifteen (15) feet from the side or rear lot lines. 7. No fencing or walls other than a .wall- of a building so erected shell exceed six (6) feet _n heigli'C, fro ground level. Any fence so erected must be approved pursuant to Paragraph 9. 8. The premises may not be subdivided. 9. The design and plans for any building to be constructed on the premises shall be subject to approval by either of the grantors herein, grantors' designated representative, or in the absence of any of the foregoing, by a majority of the landowners X in the sub -division owing premises within seven hundred fifty (750) feet of any,of the property lines of the premises. 10. Premises shall not be used for commercial purposes of any kind- or nature. For, the purpose of this covenant, the maintenance of a professional office or a day care center for the care of minor children shall not be deemed a "commercial purpose". No signs shall be permitted except a sign relating to a permitted use which in any event shall.not exceed four (4) square feet in size. 11. Any outdoor pool shall be in. ground such that the water surface approximates the same grade as the lawn. 12. No firewood shall be stacked. outside of any structure nor shall the maintenance of .any unsightly garbage or trash, outside television:aerials and antennas or satellite dishes be permitted. 13. The grounds surrounding any structure shall be maintained in an orderly manner to specifically include the regular mowing of la.wns. X 14.16-4 (2/87)—Text 12 PROJECT I.D. NUMBER 61711 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I —PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: emmmmm Municipality 01P/J County p/ir. 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) /,0 (/`J/ t+64I , yssv ( Ot L%j j o r S ).v y 5. IS PROP BED ACTION: New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: S �iC%u.� ��ro✓G'{ �/" ��Jc/'G�7-c�nJ O� C7� �� /��y ��'% �� ��t.. �{'� �ri�/vG'/Clo� /'ems/ �ei✓G.�� � / / 7. AMOUNT OF LAND AFFECTED: / y Initially ! r�y Ultimately acres _ acres 8. WILL PROPOSED ANON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes PNo If No, describe briefly P/o PVN1 9, WHAPS PRESENT LAND USE IN VICINITY OF PROJECT? identlal ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Park/Forest/Open space ❑ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE O OCAL)? Fryes ❑ No If yes, list agency(s) and permit/approvals 11. DOES ANY ASP O'00*F THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes No If yes, list agency name and permit/approval 12. AS A RESULT OF P POSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOV I/SjT�T E TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: i 0 —� e Signature: C&d 72 z4ttl� If the action is In the Coastal Area, and you are a state agenclf, complete the Coastal Assessment Form 6etore proceeding .with this assessment OVER 1 PART il—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. ❑ Yes Q No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another Involved agency. ❑ Yes I& No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: SEE ATTACHED C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood charactw? Explain briefly: SEE ATTACHED C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: SEE ATTACHED C4. A community's existing plans or goals as officially adopted, or a change in use or Intensity of use of land or other natural resources? Explain SEE ATTACHED C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. SEE ATTACHED C6. Long term, short term, cumulative, or other effects not identified in C1•C5? Explain briefly. SEE ATTACHED C7. Other Impacts (including changes In use of either quantity or type of energy)?. Explain briefly. SEE ATTACHED D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes Z No If Yes, explain briefly SEE ATTACHED PART Ill —DETERMINATION OF SIGNIFICANCE (To be completed by Agency) 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 materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed. ❑ Check this box 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. ❑ Check this box 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: Henry Aron Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Chairman Title of Responsible Officer Signature of Preparer (if different from responsible o icer) 2 PART II - Environmental Assessment - Request for Special Approval for Operation of Group Family Daycare Home at 3 Evergreen Lane, Jody D. and Jeffrey J. Boronkay, Applicants Lead Agency: Town of Ithaca Zoning Board of Appeals A. Action is Unlisted Be Action will not receive coordinated review C. Could action result in any adverse effects on, to or arising from the following: C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or disposal, potential for erosion, drainage or flooding problems? None anticipated. Proposed action is the establishment of a group family daycare home, a use permitted by special approval in the R-30 Residence District. No significant adverse impacts with regard to air quality, surface or groundwater quality or quantity, noise levels, traffic patterns, or other potemtial impacts listed above are anticipated. C2 Aesthetic agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character? None anticipated. C3 Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None anticipated. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? None anticipated. The proposed action is in conformance with the Town of Ithaca Zoning Ordinance. It may have a positive impact on the community by increasing the availability of daycare services in the Town of Ithaca. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? None anticipated. C6. effects Long term, short term, cumulative, or other not identified in C1-05? None anticipated. C7. quantity Other impacts (including changes in use of either or type of energy)? None anticipated. D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. PART III Based on review of the materials submitted for the proposed action, the small scale of it, and the information above, a negative determination of environmental significance is recommended. Reviewer: George R. Frantz, Asst. 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