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HomeMy WebLinkAboutZBA Minutes 1986-07-16 • BOARD OF ZONING APPEALS TOWN OF ITHACA A regular meeting of the Town of Ithaca Board of Zoning Appeals was held on July 16 , 1986 at 7 : 00 p . m . in the Town Hall , 126 East Seneca Street , Ithaca , New York , PRESENT : Chairman Henry Aron , Edward Austen , Edward King , Joan Reuning , Code Enforcement Officer Gary Wood , and Town Planner Susan Beeners , ALSO PRESENT : Lea Jap , Kathy Loehr - Balada , Alan Venooker , Neil Weinberg , Thomas Gajewski , Robert Frank , Frank Smithson , Gerri Fisher , Marsi Little Debral , Mary Beth C . Joseph , Margaret F . Dill , Barry Derfel , Robert Wilkinson , Janice Weltman , Nancy Lorr , Margie Bartelt , Frank Liguori , Suzanne Simmons . The public meeting opened at 7 : 10 p . m . Chairman Aron stated that all posting and publication of the public hearing had been completed and that proper affidavits of same were in order . The first item on the agenda for consideration was as • follows : APPEAL of the County of Tompkins , Appellant , Frank R . Liguori , P . E . , Commissioner of Planning , Agent , for Special Approval of a Nursery School Use , pursuant to Article V . Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , for the location of the West Hill Day Care Center on the ground floor of Biggs Center , Building B ( " H " Building ) , at 1287 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 2 . Mr . Frank Liguori was invited to speak before the Board . He stated that the County has reactivated the old hospital , which has been called the Biggs Building or H Building . The building is now being occupied by County offices such as County Planning and the Youth Bureau . It is anticipated that the Department of Social Services will move there , and others are under consideration . One of the things that the County Board pledged that they would do is try to make arrangements for daycare service primarily to County employees and other agencies or other private sector people who will be located or are located at the facility . However , it is recognized that in order for a daycare center to function properly it would also have to provide service to the community at large . The County looked at a couple of alternatives , one an existing daycare center which is currently sponsored by the Tompkins Community Hospital and located in one • of the buildings owned by the Community Hospital and called The Tompkins Community Daycare Center . They also had a request from the West Hill Daycare Center which is a functioning organization currently located in West Hill School . They must vacate those premises and desire to expand their facilities . They have requested permission to locate at the County H Building . The County Board examined both of these proposals and selected the West Hill Daycare Center as the organization they would make available County space for under a rental agreement . Mr . L' iquori made it clear that even though the County had selected the West Hill Daycare Center it was not as an exclusionary arrangement and wished the Board of Zoning Appeals to consider the need for two daycare centers at the site . He stated that the County had tried to get the two organizations to merge but that had not been accomplished . He went on to say that the West Hill Daycare Center had asked him to file the necessary applications for permission to use the lower floor of the building with the exceptions of storage areas as a daycare center . He also said that he felt that the facility is needed to provide daycare service for County employees and other employees in the general complex and neighborhood . They had not done a needs survey but there had been one done that would suggest that both daycare centers can function in the 'area . • Gary Wood had done an inspection on the building and had arrived at some conclusion as to what may or may not be needed . Mr . Liquori further said that he had personally made overtures to the Appalachian Regional Commission seeking a grant which could enhance both daycare centers on a separate basis but under a single application and he would continue to pursue this . He concluded by saying that he felt that both daycare centers provide good service and that they would work out their arrangements as to meet the needs of the people . He reiterated that the County is not asking that the Board make an exclusionary arrangement with regard to the West Hill program but to consider them both . Margie Bartelt of Bassett Road , Interlaken , New York , Director of the West Hill Day Care Center then introduced Nell Weinberg of R . D . 1 , Box 242 , VanEtten , New York , President of the Board of West Hill Day Care Center . He gave a brief history of the West Hill Daycare Center . It was established in 1982 and incorporated as a not - for - profit daycare center , licensed by the New York State Department of Social Services and governed by an active Board of Directors . They are presently located in the West Hill School and are • committed to providing quality daycare with a highly qualified staff to meet the child care needs of the community including low - income families . They currently have a contract with the 3 • local Department of Social Services . They wish to expand to continue to meet the growing needs of the West Hill Community as well as the child care needs of Ithaca and the outlying areas . They have been actively looking for some other place to move to in order to expand for about two years . They obtained a list from the Mayor of all the available spaces in the City , contacted realtors , looked at different spaces that were for sale and / or rent . They felt that the Biggs space met the needs that they have . For example , it is secluded , has a lot of green space which is important for outdoor activities for the children , and has several rooms that could be divided up for a variety of curricular purposes . The suitability of the site for their purposes was reinforced by the occupancy of this same building by the Special Children ' s Center and Montessori School , Margie Bartelt then spoke of the expansion of the West Hill Daycare Center . There is an infants program planned in September that would serve 12 infants from age 4 months to 18 months ; a program for 10 toddlers , age 18 months to 3 years ; a program for 13 three year olds ; a program for 16 pre - schoolers including a kindergarten age program ; an after - school program to serve 1 8 children , and a part - time auxiliary program designed to meet the needs of the community offering part - time child care . This would be a total of approximately 70 children . Margaret Dill of 15 Mill Street , Lansing , New York , then • spoke in regard to needs assessment for daycare in 'Tompkins County . A form entitled " Needs Assessment For Daycare In Tompkins County " was distributed to the Board and is attached hereto as Exhibit 1 . Kathy Loehr - Balada of 40 Ridgeway Road , Brooktondale , New York , Director of the Ithaca Child Care Center , also spoke to the Board in favor of the matter . She stated that there are many people on her waiting list . For example , she had 54 on the pre - kindergarten waiting list and could only place 4 of them this year . She went on to say that Tompkins County is very fortunate in that the daycare facilities do not see themselves as competitive . Their concern and goal is to help each parent find an appropriate care situation for their child . It is important to allow parents to have as many options as possible in order to choose what is best for their child . She concluded by saying that even though there would be two facilities on the same West Hill site , that is where the growing need is and people will be served in the way they need to be served . Barry Derf el of 539 Brooktondale Road , Brooktondale , New York , a teacher at the West Hill Day Care Center then addressed the Board , He spoke in favor of the expansion from the perspective of a teacher . He has encountered in the two years he • taught at West Hill the constant pressure of parents coming to the Center wanting care and having to turn them away , At the present site where West Hill Daycare Center is located there has been a feeling for about a year that things were getting crowded 4 • and hectic and this makes it difficult for a teacher to perform up to his or her ability because of extra concerns . Fie felt these pressures would be alleviated by a larger site with better facilities . His teaching possibilities would be greatly increased by a move to the Biggs Building because of the outside area and the possibility of building a playground that would be much better suited for large motor development for children of all ages they would be serving . The chance to be involved in a larger center with more teachers and a director and assistant director would give teachers better opportunities to learn professional skills from other people in the same field . Mr . King asked how many children were in the school now . Mr . Derfel responded that there were a total of 12 to 15 toddlers , some part - time and some full - time . In the pre - school group there are between 12 and 15 students . Mr . King asked how many children they expected to serve in the Biggs Building . Mr . Derfel responded they would expect to serve between 65 and 70 children there as opposed to 24 or 25 now . Mr . Frank Smithson , attorney for the Tompkins Community Daycare Center stepped forward and stated that his client: was in favor of the application of the West Hill Daycare Center . • There being no further person from the public who washed to speak on the matter , the public hearing was closed . Chairman Aron then referred to the Short Environmental Assessment Form , a copy of which all members of the Board had received , and in particular the section which stated the recommendation from Susan Beeners , Town Planner , as follows : " Site is adequate for the proposed use . Use is consistent with zoning regulations , and there is a need for such use . A negative determination is recommended conditional upon the compliance of the facility with all necessary codes and requirements . " Chairman Aron then declared the Board of Zoning Appeals the lead agency in this matter as to the short environmental assessment form . Edward King made a motion as follows : It is moved that a negative declaration of environmental impact be made and that any future expansion of this facility shall be in compliance with all applicable codes and shall be subject to further review and approval by the • Board of Zoning Appeals . The motion was seconded by Joan Reuning . 5 • Voting was as follows : Aye - Aron , Reuning , Austen , King Nay - None Abstain - None The motion was carried . Chairman Aron then asked Gary Wood if he had anything further to add before the Special Approval was considered and Mr . Wood responded that he had inspected the building and that there were some renovations that would be necessary and within the realm of possibility . Mr . Austen asked if these were all interior renovations and Mr . Wood responded that they were . Mr . King asked if the applicants were aware of the renovations required and if Mr . Liguori was aware of same . Mr . Wood responded that he was not sure Mr . Liguori was informed and Mr . Liguori stated that Mr . Wood was working with the Commissioner of Public Works . Mr . King wanted to know what kind of renovations were needed and Mr . Wood responded that , for example , a smoke detection • system had to be installed and that there were two rooms which do not have dual exits . Chairman Aron asked if the New York State Code for Schools such as daycare center required that a fire alarm be hooked directly into the fire department . Mr . Wood responded that that was his interpretation . The Special Approval of this daycare center was then considered . Chairman Aron then read to the Board the resolution adopted by the Planning Board of the Town of Ithaca , dated July 15 , 1986 , a copy of which is attached hereto as Exhibit 2 . There was discussion as to whether the building would be brought up to code by September lst , the date targeted for the West Hill Daycare Center entry . Some concern was expressed as to bringing the building up to fire codes and Mr . Liguori assured the Board that the County would take care of everything that needed to be done before entrance was made available . A motion was then made with regard to the Special Approval by Edward King as follows : It is moved that this Board grant the Special Approval under • the Zoning Ordiannce , Section 18 , Subdivision 4 for the proposed West Hill Day Care Center in the Biggs Building " H " as proposed , this Board finding and agreeing with the 6 Planning Board that there is a definite need for the facility and for the expansion of such facility and that in this location there would be no adverse affect upon the character of the neighborhood and is in accord with the zoning ordinance and the comprehensive zoning plan for the Town . This Special Approval is to be conditional upon the County undertaking to bring the building area into compliance with the applicable state , building , construction and fire codes for the operation of such a facility . Joan Reuning seconded the motion . The voting was as follows : Aye - Aron , Reuning , Austen , King Nay - None Abstain - None The motion was carried . The next matter on the agenda was the following : APPEAL of the Tompkins County Hospital , Appellant , Gerri Fisher , Agent , with respect to the Tompkins Community Day Care Service ( located in the former Biggs Memorial • Physicians ' Residence ) request for Review of a Special Approval granted August 22 , 1984 , for a Nursery School Use , pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordiannce , and , for Special Approval of the proposed expansion of said facility . 1285 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 1 Frank Smithson , attorney for the Tompkins Community Day Care Service spoke to the Board . He stated that in August of 1984 the Board of Zoning Appeals granted a special permit for this use at their present site and that they were before the Board because that permit was reviewable in two years and because they wished to expand . He further stated that they would like to adopt all the remarks that had been made about the necessity for expanded child care on the site and in Tompkins County generally . When the special permit was granted in 19. 84 there were 14 children in the daycare service and the State Department of Social Services will not allow in their present state more than 17 children . What they wishrto do is to expand to 35 or 36 children ( there are now 15 on a waiting list ) . The program won ' t changes the age of the children won ' t change except there would be more children . They would like the Board ' s approval to expand further to the very stringent limits that the State Department of Social Services sets . He further stated that he did not think that the site now would allow such expansion without further renovation . Mr . Wood had been to the site and provided them with a list of • what he sees as the required renovations , which list he has forwarded to the State Department of Social Services . 7 • On behalf of the County of Tompkins , Mr . Liguori stated that the County supported this day care center and was hoping for a very cooperative arrangement between the two centers and would work to make sure that both centers would work smoothly , perhaps with the assistance of an Appalachian grant . Alan Venooker of 302 Woodgate Lane , Ithaca , New York , Vice - President of the Board of Directors of West Hill Day Care Center spoke in support of the Tompkins Community Day Care Service . He felt that there was more need than the West Hill Center or any other center could provide and welcomed the cooperation of the Tompkins Community Day Care Service and in turn would cooperate fully with them . There being no one else from the public who wished to speak , the public hearing was then closed on this matter . Chairman Aron then referred to the Short Environmental Assessment Form and in particular the recommendation of Susan Beeners as follows : " Use is consistent with zoning regulations , site is adequate and there is a need for such use . A negative determination is recommended conditional upon the compliance of the facility with all necessary codes and regulations . " • Chairman Aron asked if Ms . Beeners had anything further to add and she said that she had examined the site and found it adequate for the expansion and a negative declaration . Mr . King asked if the expansion would be to the second floor and if so would it not be difficult to minitor all the children and wondered if the staff would be expanded accordingly . Ms . Fisher responded that it would be and there would be a ratio of students to personnel as it was now . Mr . Smithson interjected that the State Department of Social Services requires this . A motion was then made by Edward Austen as follows : It is moved that this Board find a negative declaration subject to compliance with all of the rules , regulations and codes , and to the . state licensing authorities . The voting was as follows , after seconding by Mrs . Reuning : Aye - Aron , Austen , Reuning , King Nay - None Abstain —None • The motion was carried . • g • As to the extension of the Special Approval and the Special Approval of the proposed expansion of the this facility , Chairman Aron read the resolution adopted by the Planning Board on July 15 , 1986 , a copy of which resolution is attached hereto as Exhibit 3 . Chairman Aron asked if there were any questions the Board would like to ask of Mr . Smithson , Mr . Wood or Ms . Fisher , Mr . King wondered if approval should be granted up to the maximum number of children that would be permitted by the State Department of Social Services rather than limiting it to the 35 to 37 they had suggested since this Board only served with regard to zoning functions and perhaps this should be under the jurisdiction of the State Department of Social Services . There being no further discussion a motion was then made by Joan Reuning as follows : It is moved that this Board extend the Special Approval and approve the expansion of the Tompkins Community Day Care Service with the condition that the facility be in compliance with all necessary rules , regulations and that the maximum number of children allowed be determined by the State of New York , Edward King seconded the motion . Voting was as follows : Aye - Aron , King , Reuning , Austen Nay - None Abstain - None The motion was carried . There being no further business , the meeting was adjourned at 8 : 15 p . m . Respectfully submitted , featr�ice Lincoln Exhibits 1 through attached • Henry Aron , Chairman . NEEDS ASSESSMENT FOR DAYCARE IN TOMPKINS COUNTY • 1980 Census Figures for Tompkins County Total number of children ' under 1 19160 1 and 2 19986 3 and . 4 116. 70 5 997 TOTAL 5 , 813 The 1980 Census figures also showed that 54 . 5 % of women with children. under 6 , and 75 % with children 6 - 17 were in, the labor force in Tompkins County . 16 % of the children in Tompkins County lived in single parent homes . Child Care in Tompkins County There are an estimated 1190 full - time .child care spaces available in licensed centers in the county . Of these , only 24 spaces are for infants . 13 Licensed child care centers with approximately 430 spaces 10 Certified Family Daycare homes with approximately 60 spaces 150 - 175 Registered Family Day6are homes with approximately 700 spaces ( about2 of these are limited to 3 = 5 year olds ) • Information and Referral Data from The Day Care and Child Deyelop - ment Council of Tompkins County , Inc_ . The Day Care Council ' s Information and Referral staff received approximately 2500 calls during 1985 requesting assistance with childcare . Of these , the relevant calls break. down as follows : Village of Trumansburg 29 Age 0 - 4 Town of Enfield 39 Town of Ulysses 46 Town ' of Ithaca 204 City of Ithaca . 336 TOTAL 6. 54 Waiting Lists - Summer 1986 Cornell Infant. Center - 25 Ithaca Chilcar, e Center • Toddlers 56 Pre - School 54 IACC Daycare Center Toddlers 19 Preschool 2 .5 TOTAL 179 Exhibit 1 • r • ADOPTED RESOLUTION : West Hill Day Care Center : Recommendation to the Zoning Board of Appeals Planning Board , July 15 , 1986 WHEREAS : 1 . This action is a request for Special Approval of a Nursery School . Use , pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , for the location of the West Hill Day Care Center on 'the ground floor of Biggs Center , Building B ( " H " Building ) , at 1287 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 2 , County of Tompkins , owner . 2 . This project is an Unlisted Action for which the Zoning Board of Appeals has been legislatively determined to act as Lead Agency , New , York State Department of Social Services is a potentially involved agency which is to be notified of any determination . 3 . The following materials have been included in the review of this project by the Planning Board at a Public Hearing . on July 15 , 1986 : " Site Plan , Biggs Complex " ( excerpt ) " Biggs Complex : Building B , Ground Floor , Tompkins County • Planning Department , January , 1986 " Short Environmental Assessment Form Application to Zoning Board of Appeals , July 3 , 1986 . 4 . A negative declaration of environmental significance has been recommended by the Town Planner conditioned upon the following : The compliance of the facility with all necessary codes and regulations . 5 . ' The Planning Board finds that there is a need for the proposed use in this location on the grounds that : a . day care centers fulfill a community need as demonstrated by the area demand for such , be such a facility would complement existing and potential land uses on West Hill , 6 . The Planning Board finds that the existing probable and future character of the neighborhood will not be adversely affected on the grounds that : a . the facility would be located in an existing, building that was originally constructed for institutional use , and that. , subject to code compliance , is suitable for the proposed use . be the facility would be located in a campus - like setting which is suitable for the proposed use . • 7 . The Planning Board finds that the proposed use is in accordance with a comprehensive . plan of development on the grounds that : Exhibit 2 a . project is consistent with zoning regulations , be project would make adaptive reuse of building space , ce project would assist in filling a community need for day care . THEREFORE , IT IS RESOLVED : That the Planning Board recommend and hereby does recommend to the Zoning . Board of Appeals that a negative declaration of environmental significance be made and that the application for Special Approval be granted , conditioned upon the following : The compliance of the facility with all necessary codes and regulations . • • ADOPTED RESOLUTION . Tompkins Community Day Care Service : Recommendation to the Zoning Board of Appeals Planning Board , July 15 , 1986 WHEREAS . i . .This action is a request for Review of a Special Approval granted to the Tompkins Community Day Care Service on August 22 , 1984 , for a Nursery School Use , pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning - Ordinance , and Review of the proposed expansion of said facility . Said facility is located in the former Bigg ° s Memorial Hospital Physicians ' Residence , 1285 . Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 1 , Tompkins Community Hospital , Owner , 2 . This project is an Unlisted Action for which the Zoning Board of Appeals has been legislatively determined to act as Lead Agency , New York State Department of Social Services is a potentially involved agency which is to be notified of any determination . 3 : The following materials have been included in the review of this project by the Planning Board at a Public Hearing on July 15 , 1986 : • Short Environmental Assessment Form , July 7 , 1986 Application to Zoning Board of Appeals , July 7 , 1986 Site plan ( undated ) . 4 . A negative declaration of environmental significance has been recommended. by the Town Planner conditioned upon the following : The . compliance of the facility with all necessary codes and regulations . 5 . The Planning Board finds that there is a need for the proposed use in this location on the grounds that : a . day care centers fulfill a community need as demonstrated by the area demand for such . Since its initial approval , the facility has proven to assist in filling this need , b , such a facility as expanded would complement existing and potential land uses on West Hill , 6 . The Planning Board finds that the existing probable and future character of the neighborhood will not be . adversely affected on the grounds that : a . the building , subject to code compliance , is suitable for the proposed use , b .4 the facility is located in a campus - like setting which is suitable for the proposed use . • 7 . The Planning Board finds that the proposed use is in accordance with a comprehensive plan of development on the grounds that : Exhibit 3 • a . project is consistent with zoning regulations , bo facility has proven to , and as expanded would , assist in filling a community need for day care . THEREFORE , IT IS RESOLVED : That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative declaration of environmental significance be made and that the application for extension of the Special . Approval and expansion of the nursery school as presented be granted , conditioned upon the following , The compliance of the facility with all necessary codes and regulations . • •