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.
Sincerely,
' od e"Boronkay
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POYEA SUBDIVISION
_•N SCALE: 1" — 50' JULY 59 1988
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TROWBRIDGE—TROWBRIDGE LANDSCAPE ARCHITECTS
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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.
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.
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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
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'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. Town Planner
Review Date: June 21, 1990 1
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