HomeMy WebLinkAboutZBA Minutes 1988-02-10 FILED
TOWN OF ITHACA
Date 318
• TOWN OF ITHACA Clerk
ZONING BOARD OF APPEALS
February 10 , 1988
A regular meeting of the Town of Ithaca Zoning Board of
Appeals was held on February 10 , 1988 at the Ithaca Town Hall ,
126 East Seneca Street , Ithaca , New York ,
PRESENT : Chairman Henry Aron , Joan Reuning , Edward Austen ,
Building Inspector Andrew Frost , Town Attorney John C . Barney
ALSO PRESENT : Mary A . Yaple , Arthur Yaple , Rebecca Cofer ,
Gary Evans , Sue Canin . "
The public meeting opened at 7 : 00 p . m .
Chairman Aron stated that all posting and publication of the
public hearings had been completed and that proper affidavits of
same were in order .
Photographs of the subject properties were passed around for
the Board to review .
The first item on the agenda for consideration was as
follows :
APPEAL of Tompkins County , Appellant , Frank R . Liguori ,
Commissioner of Planning , Agent , with respect to a request
for Special Approval , under Article V , Section 18 , Paragraph
4 , of the Town of Ithaca Zoning Ordinance , of a nursery
school use to be known as the Tompkins County Employee Day
Care Center , proposed to be located at the Biggs Center ,
Building A , 301 Harris B . Dates Drive , Town of Ithaca Tax
Parcel No . 6 - 24 - 3 - 2 . 2 , in a Special Land Use District
( Limited Mixed Use ) . Residence District R - 30 regulations
apply .
Chairman Aron declared the Zoning Board of Appeals as lead
agency as to the environment assessment .
Chairman Aron read from the application of said Frank R .
Liguori as Agent for Tompkins County , wherein it stated they
wished to renovate 3 , 760 square feet of space to accommodate a
day care center ., at Biggs Center , Building A , Floor 2 , X Wing at
301 Harris B . Dates Drive . This day care center would
accommodate mostly children of County employees . The space
requested would comprise four classrooms , plus support space ,
with a capacity of 35 to 45 children , depending on their ages .
• There would be 8 staff parking . spaces and a drop - off area
assigned for the day care center , with additional parking near
the day care entrance , for public use .
V.l,
• 2
Garrison Evans , Senior Planner of the Planning Department
Staff of Tompkins County appeared before the Board . Chairman
Aron asked if he had anything further he wished to say and Mr .
Evans stated that he was there mainly to answer any questions the
Board had .
The public hearing was opened . No one appeared and the
public hearing was closed .
Chairman Aron then read the " ADOPTED RESOLUTION : Tompkins
County Employee Day Care Center , Biggs Center , Building A , 301
Harris B . Dates Drive , Planning Board , January 5 , 1988 . " Said
document is attached hereto as Exhibit 1 .
Mr . Austen asked if the day care center would be available
to other than County employees and Mr . Evans responded that first
priority would be given to the children of County employees as
that was the intent of this day care facility but if space was
available then children of non - County employees would be
accepted .
Mr . Austen inquired if access would be from the east side
• and Mr . Evans responded that it would be .
Chairman Aron inquired how many classrooms there would be
and Mr . Evans responded that there would be four classrooms with
some support space and a kitchen .
Chairman Aron asked Mr . Frost if the building conformed to
building code requirements and Mr . Frost said that he would not
be involved in this since it was up to the State of New York to
set the requirements and see that they were met .
As to the environmental assessment a motion was made by Joan
Reuning as follows :
RESOLVED , that this Board finds a negative determination of
environmental significance in this matter .
The motion was seconded by Edward Austen .
The voting was as follows :
Aye - Aron , Reuning , Austen
Nay - None
The motion was unanimously carried .
• Joan Reuning complimented Mr . Evans on the excellent
documentation submitted by the County with regard to this
application and stated that any questions she might have had were
• 3
answered by this documentation . The other Board members
concurred .
As to the Special Approval a motion was made by Edward
Austen as follows :
WHEREAS , the building is well adapted for this use and there
will be no significant change to the health , safety and
general well - being of the neighborhood except for the
better , and
WHEREAS , the proposed use is the same as other uses in the
building ; and
WHEREAS , egress and access are suitable for this type of
use , and
WHEREAS , there is a definite need for the proposed use ; and
WHEREAS , no one appeared in opposition to this appeals it is
RESOLVED , that this Board grant Special Approval for the day
care facility in Building A , Floor 2 , X Wing , at 301 Harris
• B . Dates Drive .
The motion was seconded by Joan Reuning ,
The voting was as follows :
Aye - Reuning , Aron , Austen
Nay - None
The motion was unanimously carried .
The next item on the agenda was as follows :
APPEAL of Arthur G . and Mary A . Yaple , Appellants , from the
decision of the Building Inspector / Zoning Enforcement
Officer denying a building permit for the construction of a
two - car garage , with a master bedroom and bath as a second
story , proposed to be attached to the north side of an
existing single family residence located at 151 Pine Tree
Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 35 , Residence
District R - 15 . The proposed addition would create a north
side yard of nine feet , fifteen feet being required . Permit
is denied under Article IV , Section 14 , of the Town of
Ithaca Zoning Ordinance ,
Arthur G . Yaple and Mary A . Yaple addressed the Board . They
• stated that they wished to construct a two - car garage with a
breezeway connecting the house and build a master bedroom over
the garage . Mr . Yaple stated that there was a vacant lot
• 4
adjacent to the proposed building site on the north whereas the
south side was bounded "by a house and there was no room to expand
on that side . He stated that at present they had no garage and
felt their design plans were aesthetically sound .
Chairman Aron inquired as to the necessity of adding another
bedroom and Mr . Yaple responded that at present two of his
daughters were sharinga bedroom and he felt they now needed
separate bedrooms .
Chairman Aron inquired who adjoined their property on the
north and Mr . Yaple responded that Frank and Blythe Baldwin owned
the vacant lot there . Mary Yaple explained that they had spoken
with Mr . and Mrs . Baldwin and they had no disagreement with their
_ plans and in fact had signed a document called a " Plot Plan "
outlining the information of the proposed construction . Said
document is attached hereto as Exhibit 2 .
Chairman Aron stated that verbal communication with Mr . and
Mrs . Baldwin by the Yaples was not sufficient and that the
document signed by Mr . and Mrs . Baldwin in no way indicated their
assent but - in fact only had their signatures on it . Attorney
Barney stated that they had though signed what appeared to be all
• of the information of the construction , and Joan Reuning stated
that Mr . and Mrs . Baldwin were not at the meeting in opposition
to the appeal .
The public hearing was then opened . No one appeared and the
public hearing was closed .
Attorney Barney , questioned the design of the garage and
inquired if a breezewy was absolutely necessary . Mr . Yaple
explained that it was, necessary for air space between the house
and garage and would allow entrance to the house through the back
as entering the front of the house would necessitate walking on
oriental rugs they had placed there . Without a breezeway , he
continued , in order to gain entrance through the back of the
house they would have, to walk all the way around the garage to
enter the house . Mr . Yaple felt that aesthetically it would look
better and not so much like an addition . Mr . Yaple presented
sketch plans to the Board for their viewing .
Chairman Aron then stated that to grant an area variance it
was necessary for the Board to determine that practical
difficulties existed . . Chairman Aron inquired what the Yaples
felt their practical difficulties were .
Mrs . Yaple stated that practical difficulties existed
because of the cramped space . Chairman Aron inquired how much
• square feet of living , space they now had and how many people were
in the family . Mrs . ^ Yaple responded that there were five people
in the family and they had 2200 square feet of living space .
• 5
Mrs . Yaple stated also ' that at present they had no garage and
this was a practical difficulty . Mrs . Yaple continued that they
also wished to incorporate into the construction a laundry room
as their basement was 11 because of dampness . She
continued that they had three children , one eight years old and
two teenagers : Mrs , . Yaple stated that their two teenage
daughters now shared a cottage - type bedroom and as they were
getting taller they needed more space .
Chairman Aron inquired how long they had owned the house and
Mrs . Yaple responded that they had owned it for fourteen years .
Chairman Aron asked when they bought the house did they not
realize that the basement was damp , that it was small , and that
there was no garage . Mrs . Yaple responded that there was a
garage when they bought the house but since they needed more room
they converted the garage into a family room . She stated that
this was the house they could afford at the time and they had
looked at other properties but to buy another house or buy a lot
and build would be quite costly . She stated that they liked the
neighborhood and wished to stay there . Mrs . Yaple further stated
that they had been without a garage for fourteen years .
Chairman Aron stated that not having a garage was not a
practical difficulty ' as many people do not have garages . He
• asked in what other way the Yaples felt there were practical
difficulties .
Mr . Yaple stated that his two teenage girls would probably
be living at home for only five more years or so . He felt that
they needed their own space and privacy after sharing a bedroom
for so many years and he would like to provide the best home that
he could for them while they were living there .
Attorney Barney inquired at this point if the garage could
not be designed to be a little smaller by perhaps eliminating the
breezeway so as not to use up so much of the side yard .
Mr . Yaple stated that the architect had come up with the
design of the garage and it was his idea to put the breezeway in .
Mr . Austen asked at this time exactly what the deficiency of
the sideyard would be ,and Mr . Yaple responded he was not exactly
sure , that it might be 9 feet or it might be 11 feet , but they
had made it 9 feet to be on the safe side in case it was over
that by several inches . Mr . Austen stated that it made a
difference to the Board what the exact deficiency would be and
thought that some documentation might be in order such as a
survey showing exactly „ what the boundaries would be .
The Board concurred and it was suggested that a survey
showing the north boundary line would be in order . It was
suggested that this appeal be adjourned until such survey could
• 6
be presented at which time the Board would have more information
to deal with .
A motion was made by Henry Aron as follows :
RESOLVED , that this matter be adjourned until a survey is
presented to the Board showing the exact deficiency on the
north side of the subject property that would be created by
the proposed construction .
Edward Austen seconded the motion .
The voting was as follows :
Aye - Aron , Reuning , Austen
Nay - None
The motion was unanimously carried .
The matter was to be placed on the March 9th calendar .
The last item on the agenda was the following :
APPEAL of Rebecca Her Robin , and Robert E . Cofer III ,
• Appellants , with respect to a request for Special Approval ,
under Article III , Section 4 , Paragraph 10 , of the operation
of a rooming house use , as a Bed and Breakfast Inn , proposed
to be located at 355 Stone Quarry Road , Town of Ithaca Tax
Parcel No . 6 - 39 - 1 - 27 , Residence District R9 . The occupancy
of said Inn is proposed at four roomers .
Chairman Aron declared the Zoning Board of Appeals as the
lead agency in this matter .
Mrs . Rebecca Cofer addressed the Board . She stated that she
wished to operate a If
Bed and Breakfast at her home because her
job with Cornell had terminated and it would be income for her .
She continued that her house had seventeen rooms and it would
help pay the taxes and utilities , etc . Mrs . Cofer stated that
she had no children living at home now and felt that this would
be a good utilization of her house to help defray expenses .
Chairman Aron read several endorsements from neighbors , the
first from Frances P . Hull , attached hereto as Exhibit 3 , the
second from Lindsay Goodloe and Marvin Berggen , attached hereto
as Exhibit 4 , and the third from Paul and Dortha Kelsey , attached
hereto as Exhibit 5 .
Mrs . Cofer said that her property was across from the
• cemetery and that her closest neighbor was Marvin Berggen at 341
Stone Quarry Road ,
Chairman Aron then read the environmental assessment of
Susan Beeners entitled " Part II - Environmental Assessment -
Cofer Bed and Breakfast " . Said document is attached hereto as
Exhibit 6 .
Mrs . Cofer asked exactly what kind of trimming had to be
done to, make the driveway safer and Mr . Austen explained by
indicating on the pictures of the property what needed to be
done . Chairman Aron stated that if special approval was granted
the Town Engineer would tell her exactly what was required .
Joan Reuning inquired as to the load capacity of the bridge
on the property . Mrs . Cofer stated that the bridge had been
redone several years ago with railroad ties and two years ago one
side had been jacked up . She stated that many deliveries were
made to the property and the bridge was sturdy enough to
accommodate the heavy trucks and she did not foresee a problem .
Andrew Frost stated that he also had a concern about the
stability of the bridge .
The public hearing was opened . No one appeared and the
public hearing was closed .
• As to the environmental assessment a motion was made by
Edward Austen as follows :
RESOLVED , that this Board finds a negative determination of
environmental significance .
Joan Reuning seconded the motion .
The voting was as follows .
Aye - Reuning , Aron , Austen
Nay - None
The motion was unanimously carried .
Chairman Aron inquired how many rooms would be used and Mrs .
Cofer stated that three rooms would be used for the Bed and
Breakfast . She stated that she already had one student boarding
there and so altogether she would have no more than four
boarders .
Mr . Austen inquired what building codes would have to be met
and Mr . Frost stated that the building would qualify as a single
family residence .
• Discussion followed regarding the safety of the bridge after
which a motion was made by Henry Aron as follows :
WHEREAS , the health , safety , morals and general welfare of
• 8
the community in harmony with the general purpose of this
ordinance shall be promoted , except that as to all public
buildings and educational buildings wherein the principle
use is research , administration , or instruction , the same
shall be presumed to exist ; and
WHEREAS , the premises are reasonably adapted to the proposed
use , and that such use , except as to public and educational
buildings , will fill a neighborhood or community need ; and
WHEREAS , the proposed use and the location and design of any
structure shall be consistent with the character of the
district in which it is located ; and
WHEREAS , the proposed use shall not be detrimental to the
general amenity or neighborhood character in amounts
sufficient to devaluate neighboring property or seriously
inconvenience neighboring inhabitants ; and
WHEREAS , the proposed access and egress for all structures
and uses shall be safely designed ; and
WHEREAS , the general effect of the proposed use upon the
. community as a whole , including such items as traffic load
upon public streets and load upon water and sewerage systems
is not detrimental to the health , safety and general welfare
of the community ; and
WHEREAS , no one appeared in opposition to this appeal , it is
therefore
RESOLVED , that this Board grants Special Approval for a Bed
and Breakfast to be located at 355 Stone Quarry Road , with
no more than four lodgers , said Special Approval conditional
upon the following :
( a ) Trimming of the ridge to the south of the driveway be
completed to the satisfaction of the Town Engineer prior to
May 31 , 1988 .
( b ) The bridge across the creek to be structurally safe for
traffic and be inspected by the Town Engineer or the
Building Inspector .
( c ) Operating smoke detectors be maintained and operative
on the premises .
( d ) The Special Approval to be reviewed two years from this
• date by the Zoning Enforcement Officer and if any violations
should come before the Board , the Board shall be empowered
to cancel the Special Approval for cause .
• 9
Joan Reuning seconded the motion ,
The voting was as follows *
Aye - Reuning , Aron , Austen
Nay - None
The motion was unanimously carried .
There being no further business to come before the Board ,
the meeting was adjourned at 8 * 15 peme
Respectfully submitted ,
Beatrice Lincoln
Recording Secretary
Exhibits 1 through 6 attached ,
A4OV ,o
Henry Aron
Chairman
•
Tompkins County Employee Day Care Center - 1 -
Biggs Center , Building A
301 Harris B . Dates Drive
Planning Board , January 5 , 1988
ADOPTED RESOLUTION : Tompkins County Employee Day Care Center
Biggs Center , Building A
301 ' Harris B . Dates Drive
Planning Board , January 5 , 1988
MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Kenerson :
WHEREAS :
1 . This action is • a � request for Special Approval of a Nursery School
Use for the proposed Tompkins County Employee Day Care Center ,, .proposed - to . be - located in a Special . Land Use District ( Limited
Mixed Use ) in Biggs Center , Building A , 301 Harris B . Dates
Drive , Town of Ithaca Tax Parcel . No . 6 - 24 - 3 - 2 . 2 .
2 . This is an Unlisted action for which the Zoning Board of Appeals
has been legislatively determined to act as Lead Agency for
environmental review .
• 3 . The Planning Board , at Public Hearing on January 5 , 1988 , has
reviewed the submissions for the proposal , including the general
site plan for the . Biggs Center Special Land Use District , the
second floor plan for Biggs Center Building A , a plan showing
proposed space and renovations for the proposed day care
facility , and the Short Environmental Assessment Form dated
December 9 , 1987 .
4 . The Town Planner has recommended a negative determination of
environmental significance for this action .
THEREFORE , IT IS RESOLVED :
1 . That the Planning Board recommend and hereby does recommend to
the Zoning Board of Appeals that a negative determination of
environmental significance be made for this Unlisted action .
2 . That the Planning Board report and hereby does report its
approval of the site plan for the proposed facility , provided
that the required approvals are granted by the Zoning Board of
Appeals .
3 . That the Planning Board find and hereby does find that there is a
need for the proposed use in the proposed location ; that the
existing and probable future character of the neighborhood will
• not be adversely affected ;f that the proposed use is in accordance
with a comprehensive plan of development of the Town .
-• u
Tompkins County Employee Day Care Center - 2 -
Biggs Center , Building A
301 Harris B . Dates Drive
Planning Board , January 5 , 1988
•
4 . That the Planning Board recommend and hereby does recommend to
the Zoning Board of Appeals that Special Approval ' - for the
facility as proposed be granted .
Aye - May , Klein , Langhans , Kenerson , Lesser .
Nay - None .
CARRIED UNANIMOUSLY .
Nancy M . Fuller , Secretary ,
Town of Ithaca Planning - Board , -
January 14 , 1988 .
•
VLU1 ELAN
ZIX2 *
MATION TO BE SHOWN :
imensions of lot . 4 . Dimensions and location of proposed structure ( s) or
istance of structures from : or addition( s) .. Road , . 5 . Nares of neighbors who . bound lot. Both side lot lines , 6 . Setback of neighbors .
c . Rear of lot . 7 . Street name and number .
3 . North arrow . 8 . Show existing structures in contrasting lines .
1 . Lot size 100x 225
2 . a . 72 ft . setback from road
b . 26 ft south boundary 9ft . north boundary
113 ft back east boundary
4 . Addition dimension 29 ft X 40 ft
5 . Frank and Blythe Baldwin 149 Pine Tree Rd . ( neighbors who bound lot )
y_
•
Signature of Appellant /Agent : Date :
� xh6 ► TZ
I am submitting a proposal to the Ithaca Town Zoning Board for
special approval to operate a small Bed and Breakfast at our home ,
355 Stone Quarry Road . We would like to offer two rooms for
overnight stay with breakfast ( three rooms at peak times ) . Our Bed
• and Breakfast would be listed' with the Blue Heron Bed and Breakfast
Referral Service whose main function it is to handle advertising and
room reservations .
It is our intention to run a low-profile accomodation : no signs will
be displayed_ and no additions or major changes will be made to the
outside buildings . Also we are - told that operating a. Bed and
Breakfast in this area will probably be seasonal - Fall and Spring
primarly .
We have owned our 9 acre property at 355 Stone Quarry Road since
August , 1962 . The 17- room house. sits on a hill , approximately 75
yards from the road , surrounded by woods and , in fact , not visible
during leaf seasons . There are two asphalt parking areas on the
property - one at the bottom of the driveway and another at the top .
We are interested in utilizing our large home ( children having grown
and moved away ) to help pay the increasing level of local taxes and
begin a new and interesting " career " . My job . at Cornell University
was terminated last Spring . This Bed and Breakfast would provide me
with a part - time occupation .
There should be no noticeable effect of this Bed and Breakfast on the
neighborhood : parking would be on our property and due to our
secluded setting , noise levels should not be a factor .
•
Rebecca H . Cofer January 12 , 1988
355 Stone Quarry Road
Ithaca , NY 14850
( 607 ) 272-5916
7e 7000"1
1
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40
A �
S ,37 Sine PvtavY9 ,9_
Tel
34 ( 44 ct(L4/u
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I am submitting a proposal to the Ithaca Town Zoning Board for
special approval to operate a small Bed and Breakfast at our home ,
355 Stone Quarry Road . We would like to offer two rooms for
• overnight stay with breakfast ( three rooms at peak times ) . Our Bed
and Breakfast would be listed- with the Blue Heron Bed and Breakfast
Referral Service whose main function it is -to handle advertising and
room reservations .
i
It is our intention to run a low-profile accomodation : no signs will
be displayed and no additions or major changes will be made to the
outside buildings . Also we are . told that operating a Bed and
Breakfast in this area will probably be seasonal - Fall and Spring
primarly .
We have owned our 9 acre property at 355 Stone Quarry Road since
August , 1962 . The 17- room house sits on a hill , approximately 75
yards from the road , surrounded by woods and , in fact , not visible
during leaf seasons . There are two asphalt parking areas on the
property - one at the bottom of the driveway and another at the top .
We are interested in utilizing our large home ( children having grown •
and moved away ) to help pay the increasing level of local taxes and
begin a new and interesting " career " . My job at Cornell University
i
was terminated last Spring . This Bed and Breakfast would provide me
with a part - time occupation .
There should be no noticeable effect of this Bed and Breakfast on the
neighborhood : parking would be on our property and due to our
secluded setting , noise levels should not be a factor .
i
Rebecca H . Cofer January 12 , 1988
355 Stone Quarry Road
Ithaca , NY 14850
( 607 ) 272-5916
G
N
PART II - Environmental Assessment - Cofer Bed and Breakfas -+:,
i •i A . Action is Unlisted
B . Action will not receive coordinated review .
C__Could_action rc uit _ in_an�_�dVcrsc_c i cts _on�_to_o, r
arisi ng_f rom_the _following:
C1 ^ Existing air _guality,_surface _or _groundwater
guality or _guant• ity, noise levels , xisting_LraM
patterns_ solid_waste__produ c t i on or_d i sposa l l__po t ent i a l for
( erosa ori � _drainag?_Qr_floodi ng_probiems "
Because of the large size of the property and house , no
significant adverse impact is expected with respect to these
factors , except that the limited visibility of the driveway
at Stone Quarry Road may present hazards to potential
boarders and to other users of Stone Quarry Road . These
hazards could be substantially reduced through the trimming
off of soil at the top of a wooded ridge to the south of 45he
driveway , as has been recommended by the Town Engineer .
Such tri ;nmi7ig would neces.sita.te the elimination of several
trees but would not result in any significant adverse
environmental impact .
��___AeillEti , agrlc_ultalrali_ar_aheOloglcal�_historla�
or other natural_or_cultural _resources , or community or
neighborhood character ?
Because -there would be no major changes to"+, he
• property , and because a low volume of business is proposed ,
no significant adverse impact to these factors is expected .
'; 3_ Vegctatiori or_ fauna , _ fish
...shellfish or wildlife
species_ sigr.�ificant_hahitats; l_ c, r threatened or endangered
Species ?
No significant species or habitats are known that would
be adversely impacted by the proposed use , or by the
recommended trimming off of a ridge near the driveway to
improve visibility .
t
C4 ___A_community' s _existing_plans_or _goals _ag,
officiallv_adopted,_or_a change _ in -use or _iritensity_of _use
i
of land or other _natural _resources?
As the proposed use is permitted by special approval of
the Zoning Board of Appeals , as no zoning violations or
( nonconformities are known on the property , and as the number
of rooms to be used for bed and breakfast boarders is
proposed to be limited to three , no significant adverse
t; impact is expected .
�; :�___urvwti���_sta t, ��?q.uent•_de`?s�IoPIIleI'lt• y_or_r �=ia t•e
activ__ itieslikely_to_ha_jnduced_hy thz -proposed action_?
No growth or subsequent development is expected to be
directly induced by the proposed use . Any similar project
• or the expansion of the proposed bed and breakfast would be
subject to further review .
C6 _ Long_term , _short _term , gum 1tiv_e1 or_otller
• effects not _identified_ in Cl - 05 ?
Not expected .
Q?=--Qther_ mpacta_L��as��s�i�g_ela�nge_ s i a_uae of either
quant i ty._or_t ype _of _energyl ?
Not expected .
D__ Is _tre mor_ is_thier� liYely_to_be1_controversY_re � ate d
to _potential _advv__rse _environmental _impacts ?
Not expected at the time or review because of the low
level of activity proposed .
(. . PARj_l�.l
A negative determination . of environmental significance
is recommended , provided that , in. order to mitigate
potential safety hazards related to limited sight distance ,
the applicant complete trimming of the ridge to . the south o -
the - driveway to the satisfaction of the Town Engineer prior
to May 31 , 1988 .
Lead Agency : Town of - Ithaca 'Zoning Board of Appeals
Reviewer : Susan C . Beeners , Town Planner
Review Date : Feb . 4 , 1988
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