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HomeMy WebLinkAboutZBA Minutes 1982-04-08 1 ' A TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8 , 1982 The Town of Ithaca Zoning Board of Appeals met in regular session on Thursday , April 8 , 1982 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Henry Aron , Edward W . King , Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Sarah Lillie , Robert Lillie , Anton J . Egner , Architect , Richard W . Robertson , McGuire & Bennett , Town Councilwoman Dooley Kiefer , Associate University Counsel Shirley K . Egan , Chairman Aron declared the meeting duly opened at 7 : 40 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the :Ithaca Journal on March 31 , 1982 and April 3 , 1982 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon neighboring property owners , upon the Tompkins County Commissioner of Planning , upon the Town Attorney , and upon • the Appellants ( and Agents , if any ) , as parties to the actions , on April 2 , 1982 . APPEAL OF ROBERT J . AND SARAH R . LILLIE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RAISE GOATS AND CHICKENS AT 203 PINE TREE ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 1 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 12 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 41 p . m . and read aloud the Notice as published and as noted above . Both Mr . and Mrs . Lillie were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Robert J . Lillie and Sarah R . Lillie under date of March 15 , 1982 , as follows : " . . . Having been denied permission to raise goats and chickens at 203 Pine Tree Road . . . We would like to continue keeping goats & chickens because we enjoy the animals And their products - - fresh eggs , milk & meat . We purchased ( in February ) the field next to us so the animals would have some space to run in . We also feel that the animals preserve the flavor and spirit of the neighborhood . Our goats & chickens combined with nearby horses , pigs & sheep provide an atmosphere in which our child ( now 22 ) as well as neighborhood children can grow up to know and appreciate some farm animals . " Chairman Aron noted the Survey , dated July 25 , 1981 , attached to the Lillie Appeal which indicated , in addition to the Lillie property , the names and locations of neighbors thereof . Zoning Board of Appeals 2 April 8 , 1982 i • Chairman Aron asked if there were any questions from the public ; there were none . Mrs . Lillie presented three letters from neighbors to the Board . Chairman Aron read aloud the letters as follows : 11 . 114 - 5 - 82 Chairman , Zoning Board of Appeals . . . This letter is written in support of the appeal of Robert J . and Sarah R . Lillie . As a neighbor of the appellants we find no basis in fact for denying them permission to raise goats and chickens at 203 Pine Tree Road . We are not aware of any undue pollution , noise , olfactory , or scenic , associated with the presence of animals on the Lillie property . Consequently we urge members of the Board to support the appeal and grant continued permission to the appellants to practice their chosen avocation . ( sgd . ) Howard and Geraldine Kramer 202 Pine Tree Road , Ithaca , N . Y . " ; 2 . " 3 / 25 / 82 Mr . Lewis Cartee . . . We are writing you to support the petition of Bob & Sarah Lillie to have goats & horses on their land at 203 Pine Tree Road . We own the land adjoining their land to the south & east . We feel that the neighborhood should have goats & • horses since this area has maintained a rural character and there have always been farm animals here . ( sgd . ) Blythe C . Baldwin ( sgd . ) Frank C . Baldwin 149 Pine Tree Road , Ithaca , N . Y . 14850 " 3 . " 204 Pine Tree Rd . Ithaca , N . Y . 14850 April 7 , 1982 Town of Ithaca , Board of Zoning Appeals . . . We are neighbors of Robert and Sarah Lilley [ sic . ] , living directly across the street . We have never been inconvenienced in any way by their keeping goats and chickens . Our family has enjoyed watching the animals grow . Our children have found them delightful and for this reason , among others we consider them to be an asset to our neighborhood . ( sgd . ) V . Thomas Wakula ( sgd . ) Jacqueline T . Wakula " Chairman Aron asked how many goats were presently being kept by the Lillies . Mrs . Lillie stated that there were five as of this morning . Chairman Aron asked how many chickens were presently being kept . Mrs . Lillie stated that they had eleven . Chairman Aron asked Mrs . Lillie how many goats they would like to maintain , to which Mrs . Lillie replied , three by the Fall , adding that they replace the chicken - flock every year . Mrs . Lillie also stated that their baby feeds the chickens and plays with the goats . Chairman Aron asked how the livestock is housed , to which Zoning Board of Appeals 3 April 8 , 1982 . Mrs . Lillie replied , in a barn that was there . Mrs . Lillie described a wire fence 42 feet high for the livestock . Mr . Lillie stated that they had recently acquired 7 / 10 of an acre of land from Dr . and Mrs . Baldwin which makes their total acreage . 1 . 75 acres . Mr . Lillie stated that the chickens are confined and commented that when they bought the house , two years ago , two or three of the goats came with it . Mr . King , referring to the Survey map , noted that there is one house to the north of the Lillie property . Mr . Lillie stated ,that that was correct , adding that it is Cornell University property . Mr . King noted that the lot to the south is Baldwins ' . Mr . Lillie stated that that was correct , adding that that lot is wooded and also that Baldwin property is to the east . Mr . King asked what the maximum number of goats is expected to be on premises at one time . Mrs . Lillie stated that , after kidding , three permanent , with nine the maximum . Mr . King asked what the maximum number of chickens might be . Mrs . Lillie stated that the maximum would be more than eleven , adding that they buy them in the spring and she would like to end up next year with about 36 until the end of August when they are all of a suitable stewing age . Chairman Aron asked the Lillies if they - sell the chickens . Mrs . Lillie stated that they do not ; they are for their own use . Chairman Aron asked about the goats , wondering if the Lillies sell them for profit . Mrs . Lillie stated that they do not , adding that she does not make enough money to pay for their feed . Chairman Aron wondered if the Lillies kept the livestock primarily for their convenience or for their baby . Mrs . Lillie stated that it is a hobby and their son enjoys it . Mr . Lillie commented that they get fresh eggs and meat from their hobby . Chairman Aron asked how long the Lillies might keep up their hobby . Both Mr . and Mrs . Lillie stated that they did not know . Chairman Aron stated that animals are not allowed in an R15 zone . Mr . King expressed his opinion that the Lillie property is really more rural and agricultural in nature , but it has been zoned residential with the farm use longstanding . Mr . King pointed out that , obviously , the neighbors do not mind the small number of animals there . Mr . Lillie pointed out that the property next door is agricultural in use - - Cornell University . Mr . King stated that he would recommend keeping the residential character of the neighborhood and thus giving a special permit , revocable at any time to the Lillies personally . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to the Appellants , Robert J . and Sarah R . Lillie , a special permit which shall be revocable and • personal to them and will not run with the land , to keep no more than 10 goats and no more than 40 chickens on the subject property ( 203 Pine Tree Road , Town of Ithaca Tax Parcel No . Zoning Board of Appeals 4 April 8 , 1982 • 6 - 57 - 1 - 1 ) in the manner in which they have indicated they are now keeping the animals , namely , that they are fenced in and they are on the northerly part of the property , and FURTHER RESOLVED , that this matter . should be reviewed in approximately two years . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Lillie Appeal duly closed at 8 : 09 p . m . APPEAL OF CORNELL UNIVERSITY , APPELLANT , McGUIRE & BENNETT , INC . , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT TO CONSTRUCT AN EQUIPMENT AND FIELD TESTING FACILITY , ARBORETUM EXPANSION AREA , ON FOREST HOME DRIVE ( ROUTE 392 ) , TOWN OF ITHACA TAX PARCEL NO . 6 - 65 - 1 - 4 . 2 . PERMISSION IS DENIED UNDER ARTICLE V , SECTION 18 , PARAGRAPH 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE , WHEREBY APPROVAL OF THE ZONING BOARD OF • APPEALS IS REQUIRED . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 10 p . m . and read aloud the Notice as published and as noted above . Chairman Aron read aloud from the Appeal Form , dated March 31 , 1982 , as signed and submitted by Thomas E . Reiss of Anton J . Egner & Associates , Architects , for McGuire & Bennett , Inc . , agents of Cornell University , as follows : " . . . Having been denied permission to obtain a building permit for construction of a Field Testing and Equipment Storage Facility at The Cornell University Plantations . . . Area is zoned Residential R30 , Article V , Section 18 . 4 of the Ordinance states that any use proposed by an institution of higher learning must be approved by the Board of Appeals after Planning Board report thereon . We request Board of Appeals approval for this use in accordance with said Section 18 . 4 of Article V . " Chairman Aron read aloud the following Resolution duly adopted by the Planning Board : " MOTION by Montgomery May , seconded by Carolyn Grigorov : WHEREAS , Cornell University wishes to build an Equipment and Field Testing Facility fronting on Forest Home Drive in the general vicinity of Flat Rock , and WHEREAS , the area is zoned R- 30 requiring approval of the Town of Ithaca Zoning Board of Appeals after receiving a report • from the Planning Board , and WHEREAS , the proposed facility is more than 1 , 500 feet from the nearest private residence , and Zoning Board of Appeals 5 April 8 , 1982 WHEREAS , traffic , land use , drainage , landscape , noise , and • architectural impacts are minor and for the most part internal to the Arboretum operations , NOW , THEREFORE , BE IT RESOLVED by the Town of Ithaca Planning Board that the facility be recommended to the Town of Ithaca Zoning Board of Appeals for approval and permit as ;depicted on plan , sheets 1 through 12 , for an Equipment and Field ;Testing Facility dated 1 / 28 / 82 , as prepared by Anton J . Egner and Associates . Aye - May , Grigorov , Schultz , Stanton , Baker . Nay - None . Abstain - Langhans , Mazza . " Mr . Anton J . Egner stated that he would be pleased to answer any questions the Board might have . Mr . Egner noted that the proposed facility is to be located 30 feet back from the road and commented that they were surprised that they were stopped from proceeding . Mr . Egner described the Cornell University Development Plan for the Plantations and described the buildings presently there and the buildings that are noted to be or have been demolished . Mr . Egner exhibited the site plan , copies of which the Board members had received , commenting that they have re - done the building twice . He noted that the building is to be one - story with a hip roof and will be a storage base for vehicles , adding that it will be in a treed area . Mr . Egner • stated that the area of the proposed building is about the same as the one that has been demolished and the one that it is anticipated to be demolished . Mr . Egner stated that this is a part .of a very long - term project at the Plantations . Chairman Aron asked if there were any questions or comments from the public . There were none . Mr . King asked if the proposed building would be of masonary veneer . Mr . Egner stated that it will be brick - - real brick . Mr . King wondered about the setback , commenting that it looks awfully close to the road . Mr . Egner stated that it is to be set back 30 feet as required . Mr . Egner described the horticultural aspects of this building also . Chairman Aron asked if there were any further questions ; there were no further questions . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find : i . that the Equipment and Field Testing Facility , Arboretum Expansion Area , on Forest Home Drive ( Route 392 ) , as proposed by Cornell University , and as shown on Site Plan • prepared by Anton J . Egner and Associates , Architects , Drawing No . 8030 - 62 , dated January 28 , 1982 , and as recommended for approval by the Town of Ithaca Planning Board , meets the health , Zoning Board of Appeals 6 April 8 , 1982 safety , and welfare requirements of the general community whether by statute or as a matter of fact , and ii . that the property is certainly adapted to the proposed use , and iii . that there are no dwellings nearby , probably for at least one -quarter of a mile , and iv , that the proposed facility is certainly well designed , :and FURTHER RESOLVED , that , therefore , said Board of Appeals ;grant and hereby does grant the approval required from said Board pursuant to Article 5 , Section 18 , paragraph 4 . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Cornell University • Appeal with respect to the Arboretum Expansion Area duly closed at 8 : 24 p . m . APPEAL OF CORNELL UNIVERSITY , APPELLANT , ATTORNEY SHIRLEY K . EGAN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO PLACE TWO ( 2 ) MOBILE HOMES ON PROPERTY ON BLUE GRASS LANE , TOWN OF ITHACA TAX PARCEL NO . 6 - 69 - 1 - 1 . PERMISSION IS DENIED UNDER ARTICLE V , SECTION 18 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 25 p . m . and read aloud the Notice as published and as noted above . Chairman Aron read aloud the letter of appeal signed by Associate University Counsel Shirley K . Egan , dated March 26 , 1982 , as follows : " Henry Aron , Chairman Re : Application for approval pursuant to Article V , Section 18 , Paragraph 4 for prefabricated structures at Turf Grass Field Laboratory , Bluegrass Lane , Town of Ithaca As requested by Lewis D . Cartee , Building Inspector , Cornell Univesity hereby applies for approval pursuant to Article V , section 18 , paragraph 4 of the Zoning Ordinance for two prefabricated structures located at the New York State College of • Agriculture & Life Sciences ' Turf Grass Field Laboratory on Blue Grass Lane , off Warren Road . i Zoning Board of Appeals 7 April 8 , 1982 The use of the structures is educational , specifically for an office , storage of supplies and equipment , and meeting room for the Field Laboratory . Obviously they are not trailers in the usual sense as they are not residential . A " site plan " is enclosed pursuant to the Board ' s 'requirements promulgated November 10 , 1978 . It is taken from the tax maps . The tract is owned by the State of New York and is in excess of 300 acres . Inasmuch as it is also wholly serviced by interior roads , front and side yard requirements are inapplicable pursuant to Article V , Section 24 . Therefore , the site plan is not dimensioned and the location of buildings on adjoining lands is not noted , but the location of the facilities is noted on the drawing and each is 12 ' x 50 ' in size . Please feel free to call me should you have any questions or 'if I can be of further assistance to you . " IP Mr . Cartee presented and distributed photographs which he had taken of the prefabricated structures under discussion . Chairman Aron asked what Turf Grass Field Laboratory meant . Associate University Counsel Egan described the area as experimental plots of different ornamental grasses , adding that it is a research area under the aegis of the College of Agriculture and , Life Sciences , Horticulture and Floriculture . Chairman Aron , noting that there were three buildings on the • subject property , asked if at any time when these three buildings were being erected Cornell University applied for building permits and , further , how long these buildings had been there . Associate University Counsel Egan stated that she was unable to answer either question completely because she had been in the Office of the University Counsel for only 18 months , adding that that Office does not make application for building permits , it being that usually someone like Mr . Egner , as the Architect , would take care of such matters . Associate University Counsel Egan stated that this matter came to the University Counsel ' s Office through Dr . Carl F . Gortzig , Professor and Chairman of the Department of Floriculture Ornamental Horticulture , Counselor Egan stated that the land is owned by the State of New York , so the question as to " owner " is complex . Counselor Egan stated that one " trailer " has been there for three years or more and the other one less time than that ; as to the third building she knew nothing about it . Chairman Aron stated that he had seen an outside port - a - john on the property and expressed his surprise that apparently port - a - johns have been servicing structures some of which have been there over three years . Chairman Aron asked if Counselor Egan were telling him that there are no bathroom facilities for these structures after all these years and asked further if there were no funds being given to the installation of permanent bathroom facilities . Counselor Egan stated that she did not • know , however , she could check . Counselor Egan suggested that the Board could make a decision contingent upon that , adding that the crews are not stationed there permanently and it may be that r r Zoning Board of Appeals 8 April 8 , 1982 • requirements for bathrooms are sporadic . Counselor Egan pointed out that the Equine Research Park is very close by and added that no one works there ( Turf Grass Field Lab ) in the usual sense of 30 to 40 hours per week . Chairman Aron noted that Counselor Egan ' s letter of appeal refers to the subject buildings as prefabricated structures with an office , storage space and meeting room , for educational purposes and pointed out that no part of Cornell is not educational . Mr . King asked if the portable john had been noted on the site plan anywhere . Counselor Egan stated that it was not because it was not pointed out to her when she went out with Mr . Cartee , adding that it was not there . Mr . King wondered why it was there . Mr . Cartee briefly described some of the history of the buildings and use of the property , some of which occurred before his tenure with the Town of Ithaca as Building Inspector . Mr . Cartee stated that about four years ago the main building was there and through the offices of Howard Pidduck and Dick MacDowell there was some concern over the lack of bathroom facilities and shower facilities because some of the students handle insect pesticides and the only way to take care of cleansing was by use of a hose , therefore , " trailer " number one was situated there for a place to shower . Mr . Cartee stated that , apparently , it never materialized beyond the talking stage and then , within the last year , the second " trailer " was on the premises . Mr . Cartee stated that there are still no waste disposal facilities ; there • is no water to either trailer . He stated that one of the trailers is used to store pesticides and the other is empty except for a couple of tables and chairs . He stated that they are completely off of wheels and so are no longer mobile . Mr . King stated that , again , this area is more like an agricultural use as in the Lillie case and in the previous Cornell case . Mr . King pointed out that the Town Zoning Ordinance allows an agricultural building to be put up without permit in an agricultural zone , however , it does not confirm the use of trailers . Mr . King stated that the character of the area is agricultural , but the zoning is Residential - 30 . Mr . King inquired as to the neighbors of the parcel . Mr . Cartee pointed out the location of the Drinkwaters on Warren Road , adding that the structures are not visible to them . Chairman Aron asked if there were any further questions . There were none . MOTION by Mr . Jack Hewett , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant special approval to Cornell University for the placement of two prefabricated structures ( " trailers " ) located at the New York State College of Agriculture and Life Sciences ' Turf Grass Field Laboratory on Blue Grass Lane , Town of Ithaca Tax Parcel No . 6 - 69 - 1 - 1 , the use of such structures being educational , specifically for an office , storage of supplies and equipment , and meeting room for the Field Zoning Board of Appeals 9 April 8 , 1982 Laboratory , said grant of special approval being and including the grant of building permit pursuant to Article XIV , Section 75 , of the Town of Ithaca Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Cornell University Appeal with respect to the Turf Grass Field Laboratory on Blue Grass Lane duly closed at 8 : 45 p . m . ADJOURNMENT Upon Motion , Chairman Aron declared the April 8 , 1982 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 46 p . m . Respectfully submitted , • Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry A n , Chairman