HomeMy WebLinkAboutZBA Minutes 1991-12-11 i
FILED
[Date
OWN OF ITHACA
Town of . Ithaca Zoning Board l ., of . -AppealsDecember 11 , 1991 k
THE FOLLOWING MATTERS WERE HEARD ON DECEMBER 11 , 1991 BY THE BOARD :
DECISION - Harry S . Newman , Appellant , requesting a . determination by the
Board of Appeals that a group of four -unrelated persons residing . at 116
Warren Road is or is not the functional . ' equivalent of a family . ( Public
Hearing Closed ) . DECISION : . . NOT THE,' FUNCTIONAL EQUIVALENT OF A FAMILY .
APPEAL of Edwin A . Hallberg , Appel La:ntt , . req.uesting the Special Approval of
the Board of Appeals , pursu�ant • to Article IV , . Section 12 , Paragraph 3 ,
of the Town of Ithaca , Zoning Ordinance ; for an extension of the one - year
time limitation for t he use ' - of a temporary building necessary or
incidental to the development of a residential area . The subject
residential area is known as the Deer Run Subdivision ; and the subject
building is located near Whitetail Drive . in a residence District R - 15 on
Town of Ithaca Tax Parcel No .. 6 - 44 - 1 - 4 . 32' . • ". On June 13 , 1990 an 18 month
extension had been granted and will expire on January 13 , 1992 . GRANTED
18 - MONTH E % TENSION .
APPEAL of Frank Prudence , . Appellant ., Dirk Galbraith , Esquire , Agent ,
seeking an interpretation . . of Article ' ;XII , • ' •Section 52 , as it relates to
the use of a non - conforming - commercial - style building , located at 1395
Mecklenburg Road , Town of ' lthac..6 Tax Parcel No . 6 - 28 - 1 - 11 . 2 , Residence
District R - 30 . The proposed building had been used for the operation of
® F & T Distributing Co . until approximately',, 1988 and thereafter has been
used primarily for the purposes of storage . Commercial uses are not
generally permitted in Residential Districts . Storage as a primary use
is permitted only in Industrial Zones . ADJOURNED TO JANUARY 15 , 1992 .
INTERVIEWING of candidates for Zoning Board of Appeals vacancy as of Decem -
ber 31 , 1991 , five - year ;; te,rm commencing January 1 , 1992 , expiring
December 31 , 1996 . E . " PETE " SCALA RECOMMENDED TO TOWN BOARD . .
Andrew S . Frost
Building . Inspector / Zoning Enforcement Officer
Town of : Ithaca
273 - 1747
FILED
Town of Ithaca Zoning Board TOWN OF ITHACA 1
of Appeals December 11 , 1991 Date O
® TOWN OF ITHACA Clerk
ZONING BOARD OF APPEALS
DECEMBER 11 , 1991
Present : Chairman Edward Austen , Robert Hines , Edward King , Pete Scala ,
Joan Reuning , Town Attorney John Barney , Zoning Enforcement
Officer / Building Inspector Andrew Frost .
Others : Edwin Hallberg , Attorney Dirk Galbraith , Frank Prudence , Mrs .
William Brazo , Pat Casler , Attorney William Seldin , Scott
Newman , Dianne Prudence , Bruce Brittain , David Klein , Karl
Niklas .
Chairman Austen called the meeting to order at 7 : 04 p . m . and stated
that all posting , publication and notification of the public hearings had
been completed and that proper affidavits of same were in order .
The first matter before the Board was the following :
DECISION - HARRY S . NEWMAN , APPELLANT , REQUESTING A DETERMINATION BY
THE BOARD OF APPEALS THAT A GROUP OF FOUR UNRELATED PERSONS RESIDING AT
116 WARREN ROAD IS OR IS NOT THE FUNCTIONAL EQUIVALENT OF A FAMILY .
( PUBLIC HEARING CLOSED ) .
Chairman Austen thanked Messrs . Hines , King and Scala for all the
research they have done on this matter .
MOTION
By Mr . Edward King , seconded by Mr . Pete Scala :
THAT , in the Matter of the Appeal of Harry S . Newman requesting a
determination by this Board of Zoning Appeals that the group of 4
unrelated graduate students who occupy the single - family home at 116
Warren Road in the Town of Ithaca as a single housekeeping unit
constitutes a " family " within the meaning of the Town of Ithaca Zoning
Ordinance , and particularly within the meaning of Article 1 , Section 1 ,
Paragraph 5 , Subparagraphs d and f of the Ordinance , dealing with a
" group of unrelated persons numbering more than two " ;
BE IT RESOLVED :
a ) THAT this Board adopt as its findings and Decision the 8 - page
statement of fact and findings and proposed Decision which was submitted
by Board member Robert J . Hines , on November 4 , 1991 , the Board agreeing
and deciding that this group does not constitute " the functional
equivalent of a family " within the meaning of the Town ' s Ordinance , the
rationale for this conclusion being that set forth in such written
statement by Mr . Hines ;
Town of Ithaca Zoning Board 2
of Appeals December 11 , 1991
b ) AND THAT this Board further decides that the Newmans , who are
the owners of the property , and the student tenants , were apparently
unaware of the occupancy limitations of the Zoning Ordinance at the time
they entered into the February 24 , 1991 lease whereby one of the co -
owners , Andrew Scott Newman , together with the other three unrelated
students , would occupy this home as a single housekeeping unit ; that
there was no intention on their part to violate the Ordinance ; and that
in view of these extenuating circumstances and the fact that the Newmans
are legally bound to the other three students under that lease , this
Board therefore further decides and directs that enforcement of the
Ordinance in this case be held in abeyance until at least the day after
the lease by its terms expires - - namely until June 1 , 1992 or such date
thereafter as the Zoning Enforcement Officer shall in his discretion deem
reasonable under the circumstances .
A vote on the Motion resulted as follows :
Ayes - King , Scala , Hines , Austen , Reuning .
Nays - None .
The Motion carried unanimously .
[ The eight page statement by Board Member Hines is attached hereto
as Exhibit # 1 . ]
® Mr . Hines stated that Mr . King wrote a very well - reasoned analysis
of the present state of the law and he thought the Town Board might want
to take another look at this Ordinance , directing their attention to the
requirement that the Ordinance limit types of activity , rather than the
groups that are involved in occupying certain premises .
Mr . King stated that it would be useful to refer the papers that Mr .
Scala and he have contributed to the Codes and Ordinances Committee , as
well as to Town Attorney Barney for review and consideration .
The first Appeal to be heard by the Board was the following :
APPEAL OF EDWIN A . HALLBERG , APPELLANT , REQUESTING THE SPECIAL APPROVAL
OF THE BOARD OF APPEALS , PURSUANT TO ARTICLE IV , SECTION 12 , PARAGRAPH 3 ,
OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR AN EXTENSION OF THE ONE - YEAR
TIME LIMITATION FOR THE USE OF A TEMPORARY BUILDING NECESSARY OR
INCIDENTAL TO THE DEVELOPMENT OF A RESIDENTIAL AREA . THE SUBJECT
RESIDENTIAL AREA IS KNOWN AS THE DEER RUN SUBDIVISION , AND THE SUBJECT
BUILDING IS LOCATED NEAR WHITETAIL DRIVE IN A RESIDENCE DISTRICT R - 15 ON
TOWN OF ITHACA TAX PARCEL NO , 6 - 44 - 1 - 4 . 32 . ON JUNE 13 , 1990 AN 18 HONTH
EXTENSION HAD BEEN GRANTED AND WILL EXPIRE ON JANUARY 13 , 1992 .
Mr . Hallberg appeared before the Board .
Mr . Hines requested that the Chair permit the Secretary to incorpo -
rate as part of the record on this application the Minutes of the meeting
and the decision that was made on this matter on June 13 , 1990 inasmuch
Town of Ithaca Zoning Board 3
of Appeals December 11 , 1991
® as Mr . Hallberg testifies that the property is in the same condition as
in the previous Appeal . [ The referenced Minutes are attached hereto as
Exhibit # 2 . ]
Chairman Austen said that the Chair would accept that .
Mr . Hallberg referred to a map and explained which town houses have
been finished and which ones are being constructed now . He also
mentioned the roads that are being completed in the project . He said
that since they received the first extension , they have built 30 out of
the 70 houses that were remaining to be done .
Chairman Austen opened the public hearing . No one appeared to
address the Board . Chairman Austen closed the public hearing .
Mr . King asked Mr . Hallberg how long an extension he was asking for .
Mr . Hallberg responded that their agenda calls for a one - year extension .
Environmental Assessment
MOTION
By Mrs . Joan Reuning , seconded by Mr . Robert Hines :
RESOLVED , that , in the matter of the request of Mr . Edwin A .
Hallberg for a Special Approval for the extension of the one - year time
limitation for the use of a temporary building necessary or incidental to
the development of a residential area , said area being known as the Deer
Run Subdivision and subject building being located near Whitetail Drive
in Residence District R - 15 on Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 ,
the Town of Ithaca Zoning Board of Appeals make and hereby does make a
negative declaration of environmental significance , based on the report
of Assistant Town Planner George Frantz , dated December 2 , 1991 .
A vote on the Motion resulted as follows :
Ayes - Reuning , Hines , Scala , King , Austen .
Nays - None .
The Motion carried unanimously .
[ The referenced report of Assistant Town Planner George Frantz is
attached hereto as Exhibit # 3 . ]
MOTION
By Mrs . Joan Reuning , seconded by Mr . Robert Hines :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant an 18 - month extension of the use of the temporary
® storage building until June 30 , 1993 , with the following findings :
Town of Ithaca Zoning Board 4
of Appeals December 11 , 1991
1 . that the requirements of Section 77 , subdivision 7 , paragraphs
a - f are met ;
2s that no one appeared in opposition to the request .
The voting on the Motion resulted as follows :
Ayes - Reuning , Hines , Austen , King , Scala .
Nays - None .
The Motion carried unanimously .
The next Appeal to be heard before the Board was the following :
APPEAL OF FRANK PRUDENCE , APPELLANT , DIRK GALBRAITH , ESQUIRE , AGENT ,
SEEKING AN INTERPRETATION OF ARTICLE XII , SECTION 52 , AS IT RELATES TO
THE USE OF A NON - CONFORMING COMMERCIAL STYLE BUILDING , LOCATED AT 1395
MECKLENBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 28 - 1 - 11 . 2 , RESIDENCE
DISTRICT R - 30 . THE PROPOSED BUILDING HAD BEEN USED FOR THE OPERATION OF
F & T DISTRIBUTING CO . UNTIL APPROXIMATELY 1988 AND THEREAFTER HAS BEEN
USED PRIMARILY FOR THE PURPOSES OF STORAGE . COMMERCIAL USES ARE NOT
GENERALLY PERMITTED IN RESIDENTIAL DISTRICTS . STORAGE AS A PRIMARY USE
IS PERMITTED ONLY IN INDUSTRIAL ZONES .
Attorney Galbraith , representing Frank and Dianne Prudence ,
explained that they are asking for a determination that the property may
lawfully be used as a pre - existing , non - conforming Business " C " type use .
Mr . Prudence spoke to the Board regarding the property and the need
he has for the property to be used for storage for his business .
Chairman Austen opened the public hearing .
Mrs . William Brazo , 1393 Mecklenburg Road , stated that she thought
this meeting was just for an interpretation . She said that she did not
know anything about the Business " C " issue until now .
Discussion followed regarding the activity that is occurring on the
property in question . Mr . Prudence gave the Board background information
on the property . He stated that they do not want the primary use of that
building to be for storage . They would like to sell the building to
somebody who can commercially use it again , but , in the meantime , they
need to generate some income from that building to maintain it and to pay
the taxes on it . The easiest thing for them to find on an interim basis
was to use it for storage . Mr . Prudence stated that the building is
6 , 000 square feet in size , and approximately 1 , 500 square feet is being
used for their product and maybe 3 , 000 square feet more is being used for
space that they rent out .
Extensive discussion ensued on whether or not the property is being
® used for a legal use .
Town of Ithaca Zoning Board 5
of Appeals December 11 , 1991
• Attorney Galbraith , for the record , stated that they would accept a
determination which would prohibit the property being used for a used car
lot , a restaurant , a motel , etc .
Ms . Pat Casler , the Realtor who has been involved in trying to sell
the property in the last three years , stated to the Board that it has
been very difficult to market and she would appreciate it if the Board
could come up with some kind of an answer , so that when she is showing
the property she will be able to tell the prospective buyers what the
property can be used for .
Chairman Austen closed the public hearing .
MOTION
By Mr . Robert Hines , seconded by Mrs . Joan Reuning :
RESOLVED , that the matter of the request of Frank Prudence ,
Appellant , Dirk Galbraith , Esq . , Agent , seeking an interpretation of
Article XII , Section 52 , as it relates to the use of a non - conforming ,
commercial - style building located at 1395 Mecklenburg Road , Town of
Ithaca Tax Parcel No . 6 - 28 - 1 - 11 . 2 , Residence District R - 30 , be adjourned
until the meeting of January 15 , 1992 in order for the Zoning Officer to
furnish the Board with some definition of this activity within the
context of the Zoning Ordinance .
A vote on the Motion resulted as follows :
Ayes - Hines , Reuning , Austen , King , Scala .
Nays - None .
The Motion carried unanimously .
Recommendation of Chairman and Election of Vice - Chairman of the
Zoning Board of Appeals
MOTION
By Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommends
to the Town Board the reappointment of Edward N . Austen as its Chairman
for the year of 1992 , and further
RESOLVED , that said Board of Appeals elects Robert J . Hines as its
Vice - Chairman for the year 1992 .
A vote on the Motion resulted as follows .
Ayes - Scala , Reuning , Austen , King , Hines .
• Nays - None .
Town of Ithaca Zoning Board 6
of Appeals December 11 , 1991
The Motion carried unanimously .
Recommendation of Appointment of Eraldus " Pete " Scala to the Zoning
Board of Appeals
The Town Interviewing Committee , as it pertains to the Board of
Appeals and consisting of Messrs . Klein , Niklas , King , and Hines , as
Chair , interviewed Mr . E . " Pete " Scala as a candidate for membership on
the Board . Mr . Scala was the only person expressing interest in serving
on the Board of Appeals for a five - year term upon the expiration of his
term on December 31 , 1991 , such vacancy having been properly advertised
through both the Town Newsletter and the Ithaca Journal .
The Committee unanimously recommended to the Town Board the
reappointment of Mr . Eraldus " Pete " Scala as a member of the Town of
Ithaca Zoning Board of Appeals for a five - year term commencing January 1 ,
1992 and expiring December 31 , 1996 .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of
Appeals
APPROVED :
Edward Austen , Chairman
• IN THE MATTER OF THE APPEAL OF HARRY S . NEWMAN
REQUESTING A DETERMINATION WITH RESPECT TO THE
OCCUPANCY OF 116 WARREN ROAD , ITHACA , NEW YORK
BY FOUR UNRELATED PEOPLE
The following constitutes a statement of fact and findings
thereon concerning the above matter .
Prior to 1987 , 116 Warren Road had been a single family
residence occupied by Paul and Mary Kiely . In 1987 the property
was sold to a single woman who occupied it until the summer of
1990 . On September 27 , 1990 Harry S . Newman , his wife , Phyllis J .
Newman and their two sons , Andrew Scott Newman and Eric M . Newman ,
giving their address as 95 Shadow Wood Drive , East Amherst , New
York , purchased 116 Warren Road . The property is located in the
hamlet of Forest Home and the Town of Ithaca .
Andrew Scott Newman and his brother , Eric M . Newman planned
to live in the house during . their enrollment at Cornell
University . Some time in the Fall of 1990 , Eric M . Newman decided
not to live in the house . Andrew Scott Newman then requested
Rebecca Schmidt and Erin McDonnell who were then acquainted with
each other to join with him in living at 116 Warren Road .
On or about February 24 , 1991 Andrew S . Newman as " owner " of
116 Warren Road entered into a lease agreement with Rebecca
Schmidt and Erin McDonnell for the occupancy of the premises for
a period commencing June 1 , 1991 to end May 31 , 1992 , each tenant
. paying a monthly rental of $ 300 . 00 . The two tenants advertised
- 1 -
EXHIBIT #1
• for an additional tenant during the Spring of 1991 . At that time
they were unaware of any occupancy limitation of 116 Warren Road .
As a result of that advertisement , Kristen Vardy became a tenant
on that same lease agreement and executed the same some time in or
about June of 1991 .
Some time in the late summer months of 1991 the three female
tenants entered into occupancy of the premises with Andrew Scott
Newman , and together the four of them maintained residence at 116
Warren Road , Ithaca , New York .
The house had been furnished in part with articles of
furniture from Harry S . Newman and his wife . However , over the
Summer the new tenants acquired additional articles of furniture
and garden and yard tools which were used in the occupancy and
care of the house . Andrew Scott Newman undertook to obtain
permits for the installation of a parking pad over a portion of
the front lawn to accommodate an additional automobile for off -
street parking . This project was completed in September of 1991 .
At or about that time a complaint with respect to multiple
occupancy was submitted to the Town of Ithaca Building Code
Enforcement Officer and a letter from the Townofficewas directed
to Harry S . Newman at his address in Williamsville , New York . It
is this letter which prompted the application now before this
Board .
The emises at 116 Warren Road in the Town of Ithaca are in
� j
an . 4� �d district which limits occupancy in the subject
premises to a single family .
- 2 -
EXHIBIT # 1
• Article I , Section 1 , Subdivision 5 of the Zoning Ordinance
of the Town of Ithaca defines a family to consist of a group of
unrelated persons which is the functional equivalent of a family
pursuant to certain standards enumerated therein , which standards
are as follows .
1 . The group is one in which in theory , size , appearance and
structure resemble a traditional family unit .
2 . The group is one which will live and cook together as a
single housekeeping unit .
3 . The group is of a permanent nature .
In making such determination , guidelines are set forth in the
Zoning Ordinance which this Board has considered .
Andrew Scott Newman is a graduate student in the School of
Veterinary .Medicine at Cornell University , as is Kristen Vardy .
He is 22 years of age and Kristen Vardy is 24 years of age . Erin
McDonnell is a graduate student majoring in Biology and Rebecca
Schmidt is also a graduate student at Cornell University . Their
ages are 24 years of age and 21 years of age . None of the four
are gainfully employed . Andrew Scott Newman is dependent upon his
family for financial support . No evidence was taken as to the
means of support of the other three , although there was some
testimony that they receive stipends from Cornell University .
Each of the three female graduate students testified on
behalf of the applicant as did Andrew Scott Newman , one of the
occupants as well as an owner of the premises . Andrew Scott
Newman testified that upon the purchase of the house , furniture
- 3 -
EXHIBIT # 1
• which had belonged to his parents was moved into the premises .
Upon arranging with the other three persons to share occupancy of
the premises , certain other furniture was purchased jointly with
the new occupants , how much and of what character was this
furniture is unclear . Each of the occupants testified that they
desired to have this type of living accommodation while they were
engaged in graduate studies because they disliked the traditional
student facilities and enjoyed companionship of each other . The
location in a residential single family area was desired because
they preferred to be in a bucolic setting . Despite the rather
brief acquaintanceship , each expressed a great deal of affection
and concern for each other and protested in response to questions
from the Board that they were " family " .
® In order to accommodate the need for additional
automobiles , the owners have constructed a cement pad in the front
lawn area of the house , removing lawn and bushes in the process .
Andrew S . Newman testified that this was necessary because the
existing drive was dangerous and posed a great difficulty , by
reason of its steep slope , in gaining access to the garage in the
winter months . In addition , he cited numerous other houses in the
neighborhood which had parking in the front lawn areas .
Two of the tenants have converted a first floor living space
into a bedroom . There are two other bedrooms on the second floor
of the house occupied individually by the other two tenants . They
testified that they purchased food and food stuffs and share
housekeeping and cooking . They maintain three automobiles on the
- 4 -
EXHIBIT ## 1
premises . The three female tenants write rent checks to Phyllis
• J . Newman pursuant to the terms of the lease . Andrew Scott
Newman pays no direct rent . The landlord pays the utility
expenses .
Neighbors living in the Forst Home area appeared and the
following testified in opposition to the application for this
special finding : Virginia Langhans residing at 111 Halcyon Hill
lsu.t ' . 135's
Road , Ithaca , New York and Bruce Britte residing at 5aW Warren
Road , Ithaca , New York . .
Other than the applicant and the tenants , no one spoke in
support of the application . However , a letter was received
from a next door neighbor , Dan Novak , residing at 120 Warren Road ,
Ithaca , New York .
The hamlet of Forest Home is one of the oldest residential
. communities in Tompkins County . It is comprised almost
entirely of single family residences which are situated along
either 'bank of Fall Creek . This community is served by a roadway ,
which in earlier years was a turnpike extending from the Dryden
area into downtown Ithaca along the contour of the creek .
Practically without exception , each of the lots in this hamlet are
non - conforming , that is , do not have the requisite size dimensions
to comply with the requirements of the Zoning Ordinance . However ,
this , together with the contour and terrain of the community lends
character to Forest Home . Its location is desirable because of
its close proximity to eastern campus of Cornell University .
5 -
EXHIBIT # 1
The four occupants of 116 Warren Road are graduate students
• at Cornell University and are employed full time in the pursuit of
their respective academic degrees . Their acquaintenance with each
other arises out of their status as students and their primary
purpose in being together in the Ithaca area is to pursue those
independent goals . The only common characteristic they have is
their need for habitation while in Ithaca engaging in this course
of study .
While Andrew Scott Newman is an owner of the house and thus
not a tenant , his relationship with the other three persons
appears to be that of friend as well as landlord - tenant . He
collects the rent and makes other arrangements with respect to the
use of the house . It is not clear how decisions are made with
® respect to other normal family or group activities . Because of
the character of Andrew Scott Newman as an owner as contrasted
with the status of the other three tenants , these important
matters may result in conflict .
Although the three tenants and single owner presently
occupying the premises profess affection for each other and share
a common bond or concern concerning their welfare , no commitment
in writing or by virtue of any legal relationships has been
produced to evidence this . The Town Law does not require that
there be legal relationships among persons to constitute a
family . However , there is no showing of such a unique commitment
which would normally arise by virtue of blood or marriage which
6 -
EXHIBIT # 1
would distinguish this group of persons from any other group of
• four persons who might decide to cohabit . The group showed no
characteristics of a surrogate family .
The Town of Ithaca by its Zoning Ordinance has prescribed
certain areas within its boundaries to be set aside for single
family residences . The purpose of this designation is to provide
for reduced density , traffic , noise and otherwise provide a
pleasant community atmosphere in which persons may live . The Town
of Ithaca Zoning Ordinance provides that this Board shall make a
determination upon application from a group of unrelated persons ,
whether such a group constitutes a family . The applicant group
must be the functional equivalent of a family pursuant to the
standards of the Ordinance .
The family is perhaps the earliest of all social institutions
and almost regardless of culture its status as a social and quasi
legal institution has been recognized for centuries . Its
character has persisted generally as one in which a man and woman
P g Y
have come together to raise children . The goals of the family
transcend the goals of any individual , and its commonality of
purpose provides a unity which is quite often easily identified .
In addition , the family has an organization which may have some
aspects of hierarchy or atleast a government and method of
decision making .
If the State Court of Appeals and the Town Board of the Town
of Ithaca had intended groups such as these to occupy ' the status
of family in our society , then that rich and historical social
7 -
EXHIBIT # 1
• institution would lose its meaning . No State decision has
required the word family to mean other than the traditional
family , group homes headed by parents , or surrogate family
relationships of a similar nature . Certainly , the Town Ordinance
has not been crafted to require less .
In view of the foregoing , this Board finds that the four
persons do not meet the criteria of the Town of Ithaca Zoning
Ordinance and hence are not a family within the meaning of that
Ordinance .
8 -
EXHIBIT # 1
Town of Ithaca 3
Zoning Board of Appeals
June 13 , 1990
The second matter on the Agenda was the following .
APPEAL OF EDWIN A . HALLBERG , APPELLANT , REQUESTING THE
SPECIAL APPROVAL OF THE BOARD OF APPEALS , PURSUANT TO
ARTICLE IV , SECTION 12 , PARAGRAPH 3 , OF THE TOWN OF
ITHACA ZONING ORDINANCE , FOR AN EXTENSION OF THE ONE -
YEAR TIME LIMITATION FOR THE USE OF A TEMPORARY
BUILDING NECESSARY OR INCIDENTAL TO THE DEVELOPMENT OF
A RESIDENTIAL AREA . THE SUBJECT RESIDENTIAL AREA IS
KNOWN AS THE DEER RUN SUBDIVISION , AND THE SUBJECT
BUILDING IS LOCATED NEAR WHITETAIL DRIVE IN A RESIDENCE
DISTRICT R- 15 ON TOWN OF ITHACA TAX PARCEL NO . 6 - 44 - 1 -
4 . 32 .
Mr . Edwin Hallberg explained to the Board that they built a
temporary storage building a year ago and are simply asking for
the extension of the use of it . He stated that the real estate
market has slowed their progress toward its demolition .
Chairman Aron asked what the expiration date for the
building was . Mr . Frost stated that the original permit was
issued in November 1988 , it ran out this past January .
Chairman Aron asked Mr . Hallberg if he is asking the Board
to extend it for another 12 months .
Mr . Hallberg stated , or longer for convenience sake . He
said that with some luck they will no longer need it 12 months
from now , but given the present conditions it may be longer . He
will , however , take whatever the Board can give him . He
explained that the storage building sits on what will be building
lots and with any kind of luck from the Town - Board July 9th ,
they plan to put the road to it immediately thereafter . Mr .
Hallberg said that with luck 18 months should be sufficient for
their use of the building .
Chairman Aron asked Mr . Hallberg how big the building is .
Mr . Hallberg stated that it is 26 ' x 401
.
Chairman Aron opened the public - hearing . No one appeared to
address the Board . Chairman Aron closed the public hearing .
Mr . Austen referred to a photo that was passed around to
Board members and stated that it certainly would be less
objectionable if it was cleaned up around the building .
Mr . Hines stated that the building is not visible until you
get right to it .
EXHIBIT #2
• Town of Ithaca 4
Zoning Board of Appeals
June 13 , 1990
Mr . Frost agreed that from the homes that are there , the
building cannot be seen for the trees .
MOTION .
By Mrs . Joan Reuning ; seconded by Mr . Edward Austen .
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant an 18 -month extension of the
use of the temporary storage building , with the following
condition and findings .
1s that the Building Inspector inspect the building in 7
days to make sure that the debris surrounding the
property , that is not new construction material , be
removed and that the grounds be kept in an orderly
fashion thereafter ;
2 * that the requirements of Section 77 , subdivision 7 ,
paragraphs a - f are met ,
3 * no one appeared in opposition to the request ,
49 there is a need for the building due to the " soft "
market in real estate at this time .
A vote on the motion was as follows .
Ayes - King , Aron , Austen , Reuning , Hines .
Nays - None .
The motion was carried unanimously .
The next matter on the Agenda was the following .
APPEAL OF THE WALDORF SCHOOL OF THE FINGER LAKES ,
APPELLANT , MAUREEN MCKENNA , APPLICANT , REQUESTING AN
EXTENSION OF THE TWO-YEAR TIME LIMITATION AUTHORIZED BY
THE BOARD OF APPEALS ON NOVEMBER 301 1988 , PURSUANT TO
ARTICLE V . SECTION 18 , PARAGRAPH 4 , OF THE TOWN OF
ITHACA ZONING ORDINANCE , FOR THE USE OF A TEMPORARY
PORTABLE CLASSROOM , ( A 12 -FOOT BY 60 -FOOT MOBILE HOME ) ,
AT 855 FIVE MILE DRIVE , TOWN OF ITHACA TAX PARCEL NO .
6 - 31 - 2 - 15 , RESIDENCE DISTRICT R- 30 .
Mrs . Maureen McKenna , Director of Administration and
Development at the Waldorf School , explained to the Board that
(• the School has been looking for a permanent site for several
years and it has been very difficult to find . . She said that as
the Waldorf School ' s needs have increased for a site so has the
enrollment in public school , so any big building that is
EXHIBIT # 2
Rev . 10 /90
Town Assigned Project ID Number
Town of Ithaca Environmental Review
• SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY
PART I - Project Information ( To be completed by Applicant or Project Sponsor )
1 , Applicant /Sponsor : 2 . Project Name :
3 . Precise Location (Street Address and Road Intersections , pr minent landmarks , etc , or p ovide map) :
N &� C400 .WtyLS
Tax Parcel Number : 4 f/ - • 3 v
4 . Is Proposed Action : NEW EXPANSION MOD IF IC AT ION / ALTER AT ION
5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other
relevant items) :
( Attach separate sheet(s) if necessary to adequately describe the proposed project .)
6 . Amount of Land Affected : Initially (0-5 yrs) Acres (6- 10 yrs) Acres ( > l0 yrs) Acres
Sow is the Land Zoned Presently ? CL,u s TCrLgor�:, iih�, J i S to+J
8 . Will proposed action comply with existing zoning or other existing land use restrictions ?
YES ❑ NO F�J if no , describe conflict briefly
9 . Will proposed action lead to a request for new : .
Public Road ? YES 1:1 NO E r/ Public Water ? YES NO Public 'Sewer ? YES NO
10 . What is the present land use in the vicinity of the proposed project ? aResidential Commercial
Industrial Agriculture Park /Forest /Open Space Other
Please describe :
11 . Does proposed action involve a permit , aper al , or funding , now or ultimately from any other governmental agency
(Federal , State , Local) ? YES F1 NO If yes , list agency name and permit /approval /funding :
12 . Does anV aspect of the proposed action have a currently valid permit or approval ? YESNO
If yes , list agency name and permit /approval . Also , state whether that permit /approval 0
will require modification .
Sic-:-�r�.. '��:� � T =taw ► o� i'Cc�-�
I CERTIFY THAT THE INFORMATION PROVIDED AB VE IS TRUE TO THE BEST OF MY KNOWLEDGE
cant /Sponsor Name (Print or Type) : &0J4 N
Signature :
Date
EXHIBIT # 3
HA114rf5 - Deli KM W,
• PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town of Ithaca ; Use attachments as necessary )
A . ,Does proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 . 12 or Town Environmental Local Law ?
YES 0 NO Ur If yes , coordinate the review process and use the Full EAF ,
B . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617 .6 ?
YES NO ( if no , a negative declaration may be superseded by another involved agency , if any .)
Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legible)
C1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production
and disposal , potential for erosion , drainage or flooding problems ? Explain briefly
None anticipated
C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or
neighborhood character ? Explain briefly
None anticipated .
C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , wetlands ,
or threatened or endangered species ? Explain briefly
None anticipated
C4 . The Town 's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other
natural resources ? Explain briefly
None anticipated
C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Explain briefly
None anticipated
C6 . Long term , short term , cumulative , or other effects not identified in C1 - C5 ? Explain briefly :
None anticipated
07 . Other impacts (including changes in use of either quantity or type of energy ) ? Explain briefly :
None anticipated
D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ?
YES NO ® If yes , explain briefly :
E . Comments of staff CAC 11 , Other attached . (Check applicable boxes)
PART 111 — DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca )
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 (ie . 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 attach—
ments as necessary , the reasons supporting this determination .
7nn i ng Rnard of Appeals / 2
Name of Lead Agency Preparer 's Si4nature If differen om Respon bl Officer)
;S2-ignatd`?e
& e of Responsible ficer in Lead Agency Signature of Contributing Preparer
Date : /a2 / / g /
of ResporVsible Officer in Lead Agency
Form N / A
EXHIBIT # 3
AFFIDA VI T OF PUBLICATION FINAL
THE ITHTOWN
ACA ®��� OF ITHACA a temporary bulling Hetes•
ZONING BOARD Of scry or incidental to the de!
t. :` 'APPEALS velopment of a residential'
NOTICE =0 F . PUBLIC area . The subject residential!
HEARINGS area is known as the Deer
WEDNESDAY, Run Subdivision, and the sub-4
State of New York , Tompkins County , ss . : DECEMBER , ,1. 1 , ` 1991 , ffact building is . located near
7:00 P,M, Whitetail Drive in a residence
By•direction of the Chairman District R- 1'5 on Town :of;'
Gail Sullins being duty sworn , deposes and of the . Zoning Board of Ap• Ithaca Tax Parcel No . ;
y P eals NOTICE IS HEREBY 644' 14 . 32 . On June 13,
GIVEN that Public Hearings 1990 an 18 month extension
says , that she/he resides in Ithaca , county and state aforesaid and that will be held by the Zoning had been granted and will
Board of Appeals of the Town ex ire on January 13 ; 1992.'1_
she/he is Clerk of Ithaca on Wednesday De- APPEAL ofDFrank Pruden e,
camber 11 , . 1991 , in Town PF
of The Ithaca Journal a public newspaper rinted and published in H611 126 East Seneca Street, quire, Agent; seeking an in-
PP p (FIRST Floor, REAR Entrance, terpretation of Article XII, Sec
WEST Side Ithaca N .Y. , tion 52 , as it relates to the'
Ithaca aforesaid , and that a notice , of which the annexed is a true COMMEN (NG Af 7:00 use of a nonconforming corn-''.
P.M., on the followingmat- martial style building, ;Io- '
copy , was published in said paper ters: cared at 1395 Mecklenburg
APPEAL of Edwiri A Hallberg, Road,Rol No. of Ithaca 1 . 1 1 TTax
Par.
1
I�� ' Spec Ial n Approvaltl of the dente District R-30. The pro-,,
Z r � p posed buildinghad been
s to ard of ArticleAPV 8 Sectlonsul2t sed for the opration of F&T
I Paragraph 3 , of the Town of Distributing Co. until approx-
atnaextensca io 9 Ordinance,
one-year le9
8 and thereafter
or has benused primarily for :
time limitation for the use of the purposes of storage . '
Commercial uses are not gen-
erally permitted in Residential';
and that the first publication of said notice was on the marry a . Storage ed a pin '
p .� mary use is permlted only in
Industrial Zones . i
day of � C e � 1rj 19 Ck k Said Zoning Board of Ap• j
peals will at said time, 7:00
p.m ., and said place, heart
� 19 all persons in support of such i
matters or objections thereto. �
Persons may appear by ,
agent or in person. I I . . . i
Andrew S. Frost ,
/ Building InspectorZon
Subser ' ed and sworn to before me , this l / day Enforcement/ Officeingr '
Town of Ithaca ;
of l9CEJ ' / 273. 1747
—�—L December 6, 1991
Notary Public .
JEAN FORD
l ^ tory Public, State c 'I New York
IN 0 . 46 . 4410
in Tcmp < irs Cour
%;oriimiSSion expires May 31s ,19.:,:,_a-3