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HomeMy WebLinkAboutZBA Minutes 1996-01-24 TOWN OF ITHACA ZONING BOARD OF APPEALS FINAL NOTICE OF PUBLIC HEARINGS WEDNESDAY , JANUARY 24 , 1996 7 . 00 P . M . By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , January 24 , 1996 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Glenn Hubbell , Owner/Appellant , requesting variance of the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance , for the operation of an antiques and second hand goods shop in an Agricultural District at 1308 Mecklenburg Road , Town of Ithaca Tax Parcel No . 27 - 1 - 14 . 1 , ( Residence District R- 30 regulations apply ) . Said Ordinance does not permit antique and second hand businesses in a residential district . A five year time- limited variance was granted by the Board on December 12 , 1990 and has since expired . APPEAL of Linna Dolph and David Dunbar , Appellants , requesting a variance from Article V . Section 18 and 19 , of the Zoning Ordinance , to permit the keeping of horses for hire at 1457 Trumansburg Road , Town of Ithaca Tax Parcel No . 23- 1 - 27 , Residence District R- 30 . Said Ordinance does not allow the keeping of horses for hire in R- 30 zones . A five year time - limited variance was granted by the Board on August 15 , 1990 and has since expired . APPEAL of Margaret Rumsey , Appellant , Mark Wheeler , Agent , requesting a Certificate of Occupancy under Article XIV , Section 77 , Paragraph 5 of the Town of Ithaca Zoning Ordinance , Wor the Buttermilk Falls Bed and Breakfast located at 110 East Buttermilk Falls Road , Town of Ithaca Tax Parcel No . 38- 1 - 2 , Residence District R- 30 . A Certificate of Occupancy has been denied by the Town Building Inspector . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Building Inspector / Zoning Enforcement Officer 273- 1783 Dated : January 17 , 1995 Publish : January 19 , 1995 0 FINALIEl c Ver° i�u� TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY , JANUARY 24 , 1996 The following appeals were heard by the board on January 24 , 1996 : APPEAL of Glenn Hubbell , Owner/Appellant , requesting a variance of the requirements of Article V . Section 18 and 19 of the Town of Ithaca Zoning Ordinance , for the operation of an antiques and second hand goods shop in an Agricultural District at 1308 Mecklenburg Road , Town of lthaca Tax Parcel No . 27 - 1 - 14 . 1 , ( Residence District R- 30 regulations apply ) . Said Ordinance does not permit antique and second hand businesses in a residential district . A five year time - limited variance was granted by the board on December 12 , 1990 and has since expired . GRANTED WITH CONDITIONS . APPEAL of Linna Dolph and David Dunbar , Appellants , requesting a variance from Article V . Section 18 and 19 , of the Zoning Ordinance , to permit the keeping of horses for hire at 1457 Trumansburg Road , Town of Ithaca Tax Parcel No . 23- 1 - 27 , Residence District R- 30 . Said Ordinance does not allow the keeping of horses for hire in R- 30 zones . A five year time - limited variance was granted by the board on August 15 , 1990 and has since expired . • GRANTED WITH CONDITIONS . APPEAL of Margaret Rumsey , Appellant , Mark Wheeler , Agent , requesting a Certificate of Occupancy under Article XIV , Section 77 , Paragraph 5 of the Town of Ithaca Zoning Ordinance , for the Buttermilk Falls Bed and Breakfast located at 110 East Buttermilk Falls Road , Town of Ithaca Tax Parcel No . 38- 1 - 2 , Residence District R- 30 . A Certificate of Occupancy has been denied by the Town Building Inspector . ADJOURNED TO FEBRUARY 14 , 1996 . • TOWN Of IYNiACA Date 3 ` ylg6 1 • TOWN OF ITHACA Clerk ZONING BOARD OF APPEALS JANUARY 24 , 1996 PRESENTa Chairman David Stotz , Harry Ellsworth , Edward King , Pete Scala , Assistant Zoning Officer and Building Inspector Patricia Keller , Planner II JoAnn Cornish , Town Attorney John C . Barney . OTHERS : Glenn Hubbell , Attorney Mark 11heeler , Dave Dunbar , Linna Dolph , Lou Robinson , Margie Rumsey . Chairman David Stotz called the meeting to order at 7 : 06 P . M . , stating that all posting , publication and notification of the public hearings had been completed and the same were in order . The first appeal to be heard by the board was as follows : APPEAL of Glenn Hubbell , Owner/Appellant , requesting variance of the requirements of Article V . Section 18 and 19 of the Town of Ithaca Zoning Ordinance , for the operation of an antiques and second hand goods shop in an Agricultural District at 1308 Mecklenburg Road , Town of Ithaca Tax Parcel No . 27 - 1- 14 . 1 , ( Residence District R- 30 regulations apply ) . Said Ordinance does not permit antique and second hand businesses in a residential district . A five year time- limited • variance was granted by the board on December 12 , 1990 and has since expired . Chairman Stotz opened the public hearing . Alfred Eddy said he and his brother , Nelson , basically own land surrounding Mr . Hubbell . He said he ' s been a farmer up until recently and he can ' t see why Mr . Hubbell can ' t continue with what he ' s doing . He said Mr . Hubbell can ' t farm the land either ; he doesn ' t have enough land . He said Mr . Hubbell worked for him for a number of years , he ' s a real good man , he ' s a family man , and he ' s got health problems . He ' s done a good job there and not bothered anybody . Mr . Eddy said Mr . Hubbell is creating a service for someone to buy something that they ' re really looking for . He said Mr . Hubbell is not a big operator and that ' s what he likes to do . Mr . Eddy said he wanted to go on record for being in favor of it . Mr . King asked Mr . Eddy if he lived in that area . Mr . Eddy said he lives on Bostwick Road . He said he has land all the way across it . He said he runs the produce stand out on Route 13 and he can buy his produce cheaper than he can raise it . Mr . King asked Mr . Eddy if he lived close enough to the property so that the operation can be seen from his house . Mr . Eddy said no . He said he ' s been working his land right around the buildings . Mr . King said Mr . Eddy is close to the operation in his work . Chairman Stotz asked Mr . Eddy if he is in favor of Mr . Hubbell selling antiques . Mr . Eddy said yes . • Town of Ithaca 2 Zoning Board of Appeals • January 24 , 1996 Mr . Hubbell said he has lived there since 1975 and has raised six children . He had a special permit to start the antique shop in 1976 , so he ' s been there nineteen years . It was changed to a use variance in December of 1990 . The same reasons prevail now as they did nineteen years ago to find an unobtrusive use for the property and the buildings so he can derive something from them . It hasn ' t been a growing business but it ' s been a good use . After nineteen years he became more dependent each year upon the business as a source of income . His full intent to start the business was something he could piddle with . He wants to supplement his social security . Mr . Hubbell continued with five years ago he had a devastating fire in 1992 in which he lost a 12 , 000 square foot building . He had the option of rebuilding it but that was beyond comprehension of putting that much cost back into that size of a building with the zoning restrictions as they existed . It just wasn ' t practical . He put up something more practical , a 30 ' x 60 ' building , 1 , 800 square feet . Now he is operating with about 17% of the retail space that he had before . Surprisingly , his volume is more with the smaller building . Mr . Hubbell said he ' s getting older and has back problems , so refrigerators , stoves , washers , dryers , he ' s stayed away from them . His idea is to get something smaller than a bread box . He emphasizes on smaller items . Hr Hubbell said he reviewed his property at the time of the fire and got in touch with Andy and asked what had to be done . Mr . Hubbell said he decided to extensively • landscape , instead of accentuating the buildings , hide the buildings . He planted 135 trees last spring and he ' s going to order some more this year . He put out twelve six- foot trees to kind of shade the front area for landscaping . The trees , already six feet tall , will tend to hide what ' s already there , of the pad and the building . Mr . King asked if he was referring to the 12 , 000 square foot building . Mr . Hubbell said he utilized 1 , 800 feet in the front . He said the pad and the concrete walls were viable as it existed . Mr . King asked if he was still operating in the same footprint of that original large building . Mr . Hubbell said yes . Mr . King said he didn ' t know whether Mr . Hubbell had moved over to the building to the west . Mr . Hubbell said it was made very clear to him at the fire that the use variance did not apply to any utilization for the public of the other buildings . He stores stuff in them and shuttles it back and forth . He respectfully asks for continuance of the use variance . Chairman Stotz asked if the pad was still in use from the fire . Mr . Hubbell said yes , there was no way he could tell the board it wasn ' t , but any solid viable pad , whether it was gravel or concrete is useful . He quite often performs services of doing clean outs for state sales , etc . and truthfully he does go in and sort and what not and he probably is the best customer at the recycling place . In cleaning a place out , every bottle , can , piece of metal , cardboard , books , and everything else can find their way into the recycling program , but it does take space to do it . You have to pile iron here until it ' s half a truck load and you take it . Things in the summer time that are relating to the weather , garden tools , park a lawn mower there , probably things that you would find on the patio or the back yard of any business or residence are stored there . • Town of Ithaca 3 Zoning Board of Appeals January 24 , 1996 Chairman Stotz said in the original variance in December of 1990 one of the conditions on the granting of that variance was no outside storage . Mr . Hubbell said he supposes that is purely discretionary as to an interpretation of is it outside . It could be maintained either way . He said he is indicating that you can ' t see it from the street or there hasn ' t been any complaints . It does exist and it is useful . It doesn ' t seem to be detrimental unless someone wishes to speak to that effect . Chairman Stotz asked if this is storage that they are talking about , are they referring to the storage that takes place on that pad . Is that the only outside storage that you have . Mr . Hubbell said yes , it would be useful to use that if he may . It ' s solid concrete with walls that are enclosed . Mr . King asked if he was saying it was walled in . Mr . Hubbell said it ' s like a large patio . Mr . Scala said it ' s a building that doesn ' t have a roof . Mr . King asked how the character of the neighborhood changed with respect to residential . Mr . Hubbell said he has 660 feet of road frontage which isolates him and 11 h acres . Mr . Cerrache said that will change probably another 20 years before there ' s 145 houses down there . Directly across the road is EcoVillage , which he doesn ' t think will ever have any building sites that will be visible of each other . Behind him and to the west is open farm land . • Chairman Stotz said there ' s a City Lights that ' s a similar business that is across from you . Mr . Hubbell said he just went through the same thing in November . They are not overly good friends . Attorney Barney said Mr . Hubbell indicated the only outside storage is in this building that is walled in but has no roof . He asked about the stuff that is in the front of his establishment . Mr . Hubbell explained it was a black wall . Chairman Stotz asked if there is anything stored permanently outside in any place other than that pad . Mr . Hubbell said he has an antique car that sits outside . Attorney Barney said the problem is that five years ago there were headaches over the stuff that was stored out front and that was the reason it was opposed . You ' re coming in and asking for a renewal of this variance and it ' s five years later and it doesn ' t appear that the conditions are being complied with . The condition was pretty explicit ; no outside storage , and they weren ' t concerned with the material in back , it was the material in front . Mr . Hubbell said they explored that it was more than reasonable for any business anywhere to have the convenience of putting stuff out during the day and putting it away at night . Attorney Barney stated the board said specifically there shall be no outside storage . It wasn ' t temporary outside storage , there shall be no outside storage . That was pretty emphatic , isn ' t it . He further said that ' s the problem and he thinks that ' s what the issue is . Attorney Barney asked Mr . Hubbell if there was any other way he could operate the business without having the stuff outside . Mr . Hubbell asked if he meant never , never outside . Attorney Barney said never , never outside ; off the truck and right out into • the back storage area . Mr . Hubbell said he had gotten the impression from the rapport of the board that in any aspect of any business , you could open the doors and they Town of Ithaca 4 Zoning Board of Appeals January 24 , 1996 could put an oil painting out in front on an easels when they close , they put it back in . Attorney Barney said some businesses could do that when they are allowed to have outside storage . This is pretty explicit and that was the reason . This stuff isn ' t going in and out daily , that stuff has been there three or four days at a crack and maybe longer ; that ' s outside storage . That is exactly what the board was trying to prevent by putting a condition on it . Attorney Barney asked Mr . Hubbell again if he could operate his business and get that material out of there , and if you ' ve got to keep it , that ' s fine , but kept it in the back in the building with the walls enclosed , so that it was out of sight . Mr . Hubbell said if it was a condition of operating . Attorney Barney said it was a condition five years ago . He wanted Mr . Hubbell to understand if the board chooses to impose the same condition again , that ' s what it means , nothing in the front there . In the back yes , in the front no . Attorney Barney asked Mr . Hubbell if he could handle that . Mr . Hubbell said he could , but any business of this nature it is sort of hard not to have things out . Attorney Barney reminded Mr . Hubbell that his business is not permitted in that zone . We ' re starting with the presumption that it is a residential zone , for residential purposes only . You ' re asking this board to say bend the law for me and allow me to have something that I ' m not otherwise allowed to have under the law . This • board graciously did that several times for you , but they ' ve tried to make clear to maintain at least a semblance of residential character , they don ' t want materials sitting out in front where some people might find them offensive , might call them something other than antiques , like junk and they don ' t want to see it , and they want it in the back yard . They may be very valuable pieces , but there is no reason they need to be stored in that front area . Mr . Hubbell said no , they wouldn ' t have to be . He asked if three hours of storage is too much . Attorney Barney said we ' re not talking three hours , that stuff is there for days at a time . Mr . Hubbell said the stuff is affectionately referred to as affect or atmosphere . Chairman Stotz asked Mr . Hubbell to correct him and explained that there are times when the business is open that you put items out on display . Mr . Hubbell said yes . Chairman Stotz asked what happens to those display items at close of business . Mr . Hubbell said they have to go inside if they are anything the elements will hurt . Chairman Stotz said because there ' s a difference between displaying something and something that stays out there after you ' re closed that remains in front of the property . Mr . Hubbell said the distinction that he has been trying to make is between something that would invariably require taking in . Stuff that doesn ' t require coverage , he could live with that . Attorney Barney said the photographs indicate stuff that is there on an ongoing basis . Mr . King asked Attorney Barney to specify where there is . Attorney Barney said there is in front of the building . Mr . King said which is behind his house , which is where the business is conducted . He asked how far back from the roadway is the front of that building . Mr . Hubbell said 300 feet plus . Mr . King asked if that is the only place he has anything displayed or do you display elsewhere too . Mr . Hubbell said it • would be in front of this building . Mr . King asked if he displays anything anyplace else . Mr . Hubbell said no , technically he comes in with a load of stuff and he unloads Town of Ithaca 5 Zoning Board of Appeals January 24 , 1996 it and it may take him three hours to get it into the barn . It has to go upstairs , etc . Chairman Stotz asked if that was the maximum amount of time it would take him to get stuff undercover . Mr . Hubbell said yes . Mr . King said the south end of this building where the business is conducted appears to be , according to the survey done in 1981 , about a little over 200 feet north of the center mark in the road . Mr . Scala asked if there is a road . Mr . Hubbell said he has a driveway that circles and comes back out . Mr . Scala asked how Mr . Hubbell gets to this storage area . Mr . Hubbell said it ' s firm , hard ground and he drives over it . Mr . Scala went over the storage areas with Mr . Hubbell . Chairman Stotz said he doesn ' t understand why anything would have to be left outside since Mr . Hubbell has plenty of storage . Mr . Hubbell said you have to understand the business . The public knows what ' s there , they see a couple of chairs , etc . Chairman Stotz said Mr . Hubbell is leaving it outside for advertising . Mr . Scala asked if Mr . Hubbell could bring people into that storage area to show them . Mr . Hubbell said no . Mr . King asked how long Mr . Hubbell wanted the extension for . Chairman Stotz said let ' s assume it was approved for five years and things continued on the way you want • them to continue on , would you be back in five years to continue it again . Mr . Hubbell said yes . Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT Chairman Stotz read a small portion of the environmental assessment form . Ms . Cornish stated there wasn ' t an issue with the sign . The reason she included that was because other than the sign and that storage of items in front of the building , it ' s in character with the neighborhood . Chairman Stotz asked if there had ever been any complaints . Ms . Cornish said not on file . Mr . Scala asked if that means he could bring things outside in the morning , that ' s not storage . Chairman Stotz said that would be the distinction between storage and a display . Mr . Scala said he obviously has it out there to display it . Ms . Cornish said it was covered with snow , it had been there awhile . Chairman Stotz said if it ' s there after he closes up , he assumes it ' s there for storage . Chairman Stotz asked for comments or questions on the environmental assessment . MOTION By Mr . Harry Ellsworth , seconded by Mr . Edward King : Town of Ithaca 6 Zoning Board of Appeals January 24 , 1996 RESOLVED , that this board make a negative determination of environmental significance for the property at 1308 Mecklenburg Road , Tax Parcel 27 - 1 - 14 . 1 , based on the review by the Town of Ithaca staff and their report on January 18 , 1996 . A vote on the motion resulted as follows : AYES - Stotz , King , Scala , Ellsworth . NAYS - None . Mr . Scala asked with respect to meeting the new requirements for storage , he would receive the item , put it inside , and then if he wants to display it outside , can he . Mr . King said he would be prepared to permit some reasonable amount of display . Can you tell from the pictures whether the storage is covered with snow . Mr . Scala said no . Ms . Cornish said the day she was there was during business hours and they were closed and the items appeared to have been there for a while . Mr . King asked how they looked from the roadway . Ms . Cornish said it did appear as outside storage . Chairman Stotz asked what the items were . Ms . Cornish said they appeared to be large , a metal or wood stove and some larger items . Chairman Stotz said the issue of whether or not to put an item out for display to • let people know who are going by that this is a place that sells antiques , is an issue that we have to come up with some determination of whether that kind of activity is something that would be permitted , as opposed to absolutely no outside storage within a three hour period . Mr . Scala said the intent of no storage is to keep the property from looking like a junk yard . He has a need for a display occasionally . Chairman Stotz said he thinks there ' s an issue on the display whether or not the items you put out there display the character of your business and they ' re not necessarily items displayed as specials or things you particularly want to sell . They ' re just there to indicate that this is a place that sells antiques . Mr . Hubbell said he normally picks out something that is easy to put out and easy to put back because you don ' t want to put out more than you want to put back . Mr . Scala said on Meadow Street you see this too much and you see it all the time . Mr . King asked if he was speaking of an antique place in particular . MOTION By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , that the board grant the applicant , Glenn Hubbell , a time - limited five- year use variance upon finding that he has demonstrated substantial unreasonable financial hardship if he were not permitted to make this type of use of his building and premises , located 1308 Mecklenburg Road , Tax Parcel No . 27 - 1 - 14 . 1 . 1 ) The character of the operation is not out of character with the neighborhood , • that it is a substantially rural , agricultural neighborhood . Town of Ithaca 7 • Zoning Board of Appeals January 24 , 1996 2 ) That the operation of the business is 150 feet back from the roadway behind his house , does not seem to pose any undue environmental impact on this property to the public , and that it is strictly in character with the neighborhood . 3 ) No one has appeared in opposition for his request for a continuation of the variance . 4 ) That the board grant it for a period of five years but on the condition that there would be no storage outside other than display items , for periods longer than three hours and that the applicant be permitted to have outside display items only during the times that his business is open . 5 ) That he continue to provide the adequate parking , as was the condition of the previous variance . 6 ) That the public be restricted access to the main building where the antique sales are conducted and there will be no employees other than family members operating the business . 7 ) That the variance be for a period of five years , at the end of which he may • apply if he wishes for an extension . A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Scala , King . NAYS - None . The second appeal to be heard was the following : APPEAL of Linna Dolph and David Dunbar , Appellants , requesting a variance from Article V . Section 18 and 19 , of the Zoning Ordinance , to permit the keeping of horses for hire at 1457 Trumansburg Road , Town of Ithaca Tax Parcel No . 23- 1 - 27 , Residence District R-30 . Said Ordinance does not allow the keeping of horses for hire in R- 30 zones . A five year time- limited variance was granted by the board on August 15 , 1990 and has since expired . Linna Dolph explained she owns the property along with David Dunbar . They ' ve been operating a horse operation for the last five years and they started in 1990 and in 1991 they came before the board again and was granted permission to build an indoor arena . Since then they ' ve been plugging along . They have seventeen horses and it ' s been working for them and they would like to continue that . Mr . King asked who owns the horses . Ms . Dolph said she owns too many and then she has boarders . People board their horses there at a cost . She has eleven or twelve boarders . Mr . King asked her how many she owned . Ms . Dolph said five or six . . Mr . Scala said the riding arena has worked out ok . Ms . Dolph said yes , it ' s quite nice . Mr . King asked her if they hold public events there . Ms . Dolph said no . The Town of Ithaca 8 Zoning Board of Appeals • January 24 , 1996 insurance is very high for that and she ' s not interested . The daily routine is difficult enough . Between teaching lessons and cleaning stalls and taking care of all the horses , it would be a little too much to add another item on her agenda . Chairman Stotz mentioned the jumping area in the front . Ms . Dolph said they have a dressage arena , an outdoor ring for the dressage arena , and then jumps on the left hand side facing toward the road where people can go and jump and work their horses over fences . Chairman Stotz asked Ms . Dolph if she cares for the horses when the owners are not present . Ms . Dolph said yes . Chairman Stotz asked her if she exercised the horses too , or is that the owner ' s responsibility . Ms . Dolph said it ' s basically the owner ' s responsibility . She does some of it . Mostly she tries to get her own horses out . She has some school horses because she gives lessons . Chairman Stotz asked where those horses exercise . Ms . Dolph said in the outdoor ring and the indoor ring . Mr . Scala asked if there are any other trainers . Ms . Dolph said no . Chairman Stotz asked what happens with the manure . Ms . Dolph said the manure was being removed monthly for the entire time she ' s been there . The fellow who was removing it died in the spring of 1995 . Since that time it ' s been very difficult to find someone else to remove it . She contacted an excavator in the middle of the summer and tried to set up something with him and he kept saying he would be there but he never showed . She has recently spoken to the people at EcoVillage and they are planning on removing the • manure for her . In the meantime , Ralph Carpenter said he would take the bulk immediately to Mr . Lilly ' s farm , which is about a mile and a half up the road on the right hand side past the Honda shop . Chairman Stotz said the board had received a letter saying the manure would be removed once the January frost has passed . He said the property is on a slope and there is a swale . There is a lot of drainage off that hillside . Has any concern been expressed about the waste runoff from that manure that runs down that swale , down through Evergreen Lane and down to DuBois Road . Ms . Dolph said the way the property is set up , the swale is on the right hand side of the property . The manure pile is on the left hand side of the property . Most of the water that comes down through doesn ' t go anywhere near the manure pile . The other thing they have is a blue clay containment dike that surrounds and contains the manure so that they pile it up and it can ' t go over . Sometimes they have a puddle in front of the manure pile because that ' s as high as it can go . Mr . Scala asked how often they have to remove it . Ms . Dolph said the containment dike will hold a huge amount of manure . She said she wants to get it out as soon as she can , mostly because it ' s not convenient to get it out of the barn and have to work it twice , so it ' s easier for her so she doesn ' t have to repile it up with a pitch fork , because it ' s like doubling the duty there . As far as it staying there longer , it would be difficult to get it away from where it is . Mr . Scala asked for the length of time for an unacceptable amount . Ms . Dolph said six months at the most . She would prefer to have it out of there once a month . She hasn ' t spoken about the details with EcoVillage , who are planning to take it out . • Town of Ithaca 9 Zoning Board of Appeals • January 24 , 1996 Mr . King asked how high the dike is . Ms . Dolph said about five feet . Mr . Dunlop explained to the board the purpose of the dike . It keeps the water from running down the hill . Chairman Stotz asked if they got a puddling on Friday with the flooding . Ms . Dolph said yes . Chairman Stotz asked what happened with the puddle . Ms . Dolph said it went back into the pile mostly . Mr . Scala asked when it was moved regularly , how often was that . Ms . Dolph said Danny would come every three months . In the winter , it ' s tough to do that , so probably a little bit longer than that . The longest it ever went was six months . It ' s been a little bit longer than that now because she hasn ' t been able to find anyone to do that . She was actually going up and flagging dorm backhoes and bulldozers going up and down Route 96 , trying to get them to at least push it back for me . One fella actually said he didn ' t want to get his bulldozer dirty . Mr . Scala said it ' s a worse problem in June and July . Ms . Dolph said you want to get it out of there in the summer . In the winter it never really freezes because it ' s fertilizer , but in the summer you want to get it out of there . Chairman Stotz said there is an occasional odor . Mr . King asked about a diversion ditch being built around the manure pile to divert the runoff before it reaches the manure . Ms . Dolph explained the driveway comes down and there ' s a paddock to the left and then there ' s a little hill , and then the • area over here for the manure and there ' s a Swale that goes around the manure pile , and then adds on to this stream that goes dorm towards Evergreen . Mr . Scala referred to the environmental assessment which states , ■ the appellant has indicated the manure will be removed on a monthly basis . ■ Ms . Dolph said they do the best they can do . The people at EcoVillage have said they want it . They have to compost it . They have a concrete slab that is 30 x 100 feet . It can ' t go beyond that . What she wants to do is get there and keep turning it over . To compost manure , it needs oxygen . Mr . King asked Ms . Dolph if she thought requiring monthly removal was reasonable . Ms . Dolph said in the summer and spring it ' s going to be impossible because it ' s too muddy . They don ' t have an asphalt driveway and the trucks going out of the driveway could be a problem in terms of putting mud on the highway . She believes if it had to sit there until things were either frozen or dried out , that would not cause a problem for the people in the community . In the winter sometimes the trucks can ' t get in there . She ' s a little hesitant to say she can get the manure out once a month just because of the conditions because it is on a hill , but it certainly can be done on a real regular basis where it wouldn ' t create a problem . In the summer when it ' s dry and there ' s more flies around and the odors tend to exude from the pile , we can get it out of there at least once a month . Chairman Stotz asked if this is her livelihood . Ms . Dolph said yes . Chairman Stotz asked what would happen if this wasn ' t an operating horse farm . Ms . Dolph said she didn ' t know . Chairman Stotz asked what it would mean for Ms . Dolph . Ms . Dolph said she wouldn ' t have a livelihood , she would probably have to leave the area . Chairman Stotz asked her if she did it full time . Ms . Dolph said yes , it ' s about • twelve to fourteen hours a day . Town of Ithaca 10 Zoning Board of Appeals • January 24 , 1996 Mr . Scala asked for a proper commercial operation , shouldn ' t that be a gravel drive to that area , just as you went to the trouble of the dike and possibly having to put a drainage ditch in , shouldn ' t you also put a road in . Ms . Dolph said it ' s shale . Her brother owns Finger Lakes Stone Company and she had him bring truck loads of shale in . Mr . Scala said in order to do it monthly , she would have to have access to it . Access would mean that the shale would be heavy enough to take the load . Ms . Dolph said it can take the load , it ' s not a soft driveway , but it is a relatively steep driveway , even if it doesn ' t look like it . The front wheel drive vehicles have a rough time getting out of there this time of year . If a ten wheeler got stuck on that ice , they ' d be in trouble . Mr . Scala asked what is typically used to remove it . Ms . Dolph said a backhoe and a ten wheeler . Chairman Stotz asked what her plans are five years from now . Ms . Dolph said she wants to continue on with what she has . She ' s not interested in expanding in terms of having more horses or adding on , in terms of the business . She ' d like to make the business more viable , but not expand in terms of numbers . She just wants to make what she has better and better . Chairman Stotz said her long range plans are to continue to operate at that site . Mr . Scala said his understanding from the last time when the board granted the riding arena to be built , you increased the assessed value of that area quite a bit . • Chairman Stotz opened the public hearing . Mr . David Dunbar said regarding the environmental concerns he hasn ' t noticed any problems that have come up with the property since they have been there , whether it ' s been erosion or the manure pile . In some of the areas where he had thought they would start to see some problems and take some remedial action , he hasn ' t seen any problems arising . Mr . Dunbar said in regard to the removal of the manure , he doesn ' t think it is very reasonable to specify a small increment of time for its removal . He is a little bit uneasy with that for a couple of reasons . One , it ' s kind of arbitrary , the real issue of when it ' s necessary to remove the debris is really a management problem and it ' s necessary to go away when it ' s a problem for the management . As far as posing an environmental concern , it ' s not . He doesn ' t think there ' s any particular to qualify when it would , at least from the point of view of policy set here . In any event in the future , if any problem did arise due to that , it seems there ' s agencies well in place who have specific expertise and specific duty to monitor and address those kinds of problems and could seek a correction such as the Town , County , or DEC have . When you asked Linna the questions of whether she thought it was unreasonable to require the monthly removal , it seemed to him a little bit unreasonable . Mr . Scala asked Mr . Dunbar if he collected rent on the property or do you own the property . Mr . Dunbar said they own the property together . He said Linna runs the business , he leaves in the morning and goes to work . For her it ' s operating a business and in order for them to meet their obligations for the property , they couldn ' t do it • on his income , so they definitely need the income that she makes boarding horses . Town of Ithaca it Zoning Board of Appeals January 24 , 1996 Mr . Scala asked if the appellants knew other people who do the same work , for instance the riding stable at the country club . How often do they remove the manure . Ms . Dolph said their situation is a little different in some ways . The Duffys operate on half an acre . They have that much property with 15 horses and if they didn ' t take it out of there every single day , it would be on the golf course . They couldn ' t take it out of there and pile it up for more than three or four days . There ' s no place to put it . Mr . Scala asked who they contract with . Ms . Dolph said they do it themselves . Currently they are only there for six months out of a year . Mr . Scala asked about the possibility of buying the equipment of hauling it over to EcoVillage . Ms . Dolph said she couldn ' t afford it . In the past she has looked into buying a dump wagon or a manure spreader . In the winter you can forget a manure spreader . It freezes up in there and they don ' t work . To get something to pull it , it would cost approximately $ 25 , 000 just to get the equipment to do it . Since other people have the equipment and she can pay a little bit to get it out of there , she prefers to do that . It ' s not that large of an operation to have that kind of equipment . Chairman Stotz said the only concern about your property is that it ' s on a slope . He said Ms . Dolph was correct in that the Health Department could monitor that , we might have some concerns as a board about the fact that that ' s on a slope and there ' s an accumulation of manure there , there could be some ground water that would pick up some contaminants and wash it down the slope . Which is one of the main reasons to make sure it got out of there on a timely basis . Mr . Icing asked about the acreage . Ms . Dolph said 10 . 22 acres . Ms . Connie Colburn , who is a client at the farm , and has been since its inception . She thought it would be helpful to hear from the side of the client . She had looked at several establishments when she moved back into the area and she found Linna and David ' s place to be a very well run barn . The horses are very well cared for and there ' s excellent instruction and horse training . If you ' re driving out Route 96 , this site is one of the most aesthetically pleasing sites that you see going out there , with the building set back from the road and in the summer the nice green grass , beautiful fences , designer jumps and dressage ring . That ' s pretty essential to the character of Ithaca . The location is really crucial to a lot of the younger children that come out , the teenagers and the junior high kids . They wouldn ' t be able to get out there if it weren ' t where it is . Mark Wheeler of 102 Woolf Lane said there are three houses between their homes and he thinks it ' s a great spot . It really enhances the area they ' re in . He ' s been in the barn and he has seen the manure pile . In the last 10 years there have been very few occasions where there ' s been an odor from the operation . He said it ' s a great place and enhances the area . It ' s a great business and he hopes she gets another five years . Ms . Evan Fogurty said she is a resident of west hill . She has a daughter who is a teenager who rides at Linna ' s barn and spends a lot of time there . In terms of what she provides to the community for these kids that are working and riding there , it ' s really invaluable . Her daughter lives to get up in the morning and go to the barn and arranges her life accordingly . There are other teenagers that are doing the same • thing . Linna , besides being really good with the horses , is also really good with Town of Ithaca 12 Zoning Board of Appeals • January 24 , 1996 kids . We need this in our community . We need the people to keep our kids off the street and train them to do valuable and useful things . We really have to consider her business in that context as well . Chairman Stotz closed the public hearing . Chairman Stotz said on the Town of Ithaca zoning map it shows R- 30 in this area and the property is located right here . There is a small portion of R- 15 that appears to extend down into that . He said R- 15 is a portion of the Woolf Lane development and that extends down toward Evergreen Lane . Attorney Barney said you can ' t scale it off a map , there ' s an ambiguity , but it may follow the property line . Chairman Stotz stated Attorney Barney didn ' t think there was an issue here . Attorney Barney said technically there is an issue because it was advertised as being in an R- 30 zone but the bulk of the property is in an R- 30 . Mr . King said it is directly opposite an agricultural zone on the other side . Chairman Stotz said he has a letter that was dropped off at his house . He read the letter from Gary and Sharon Woloszyn . ENVIRONMENTAL ASSESSMENT Chairman Stotz read portions of the environmental assessment form . Chairman Stotz • asked about the diversion ditch . JoAnn Cornish said the pond right below the dike did not appear to be contaminated by the manure pile . She thought that was a good indicator of the dike ' s containment power . MOTION By Mr . Edward King , seconded by Mr . Pete Scala : RESOLVED , based on the facts that have been brought out , which are already in the record , the board make a negative determination of environmental significance for the proposed continued operation of the keeping of horses for hire at 1457 Trumansburg Road , Tax Parcel No . 21 - 3- 27 . A vote on the motion resulted as follows : AYES - Stotz , Scala , Ellsworth , King . NAYS - None . Attorney Barney said he was pretty sure this property was all R- 30 . The R- 15 zone was Timmy Ciaschi ' s Woolf Lane extension . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala : RESOLVED , that in regard to the appeal of Linna Dolph and David Dunbar for the • property at 1457 Trumansburg Road , Tax Parcel No . 23- 1 - 27 , that this board grant a Town of Ithaca 13 Zoning Board of Appeals • January 24 , 1996 time- limited variance from Article V . Section 18 and 19 , to extend an additional five year present use for keeping horses for hire on this property . 1 ) There has been no negative comment from neighbors . 2 ) Not extending this variance would be a hardship to the appellants . 3 ) That the management of the applicants or other owners of the premises be such that waste management be maintained in a proper and environmentally sound manner . 4 ) That no activity on the premises by reason of lack of good management be offensive or obnoxious to those in the community . 5 ) That the variance is to expire on January 24 , 2001 . 6 ) Based upon findings #1 - 9 at the August 15 , 1990 Zoning Board of Appeals meeting . The last appeal to be heard was the following : APPEAL of Margaret Rumsey , Appellant , Mark Wheeler , Agent , requesting a • Certificate of Occupancy under Article XIV , Section 77 , Paragraph 5 of the Town of Ithaca Zoning Ordinance , for the Buttermilk Falls Bed and Breakfast located at 110 East Buttermilk Falls Road , Town of Ithaca Tax Parcel No . 38- 1 - 2 , Residence District R- 30 . A Certificate of Occupancy has been denied by the Town Building Inspector . Attorney Barney said this board is not the proper board to hear this . He had done some digging through the rules and regulations and there is a local law adopted as a requirement when we adopted the state building code back in 1981 . By law when they changed the state building code to the New York State Uniform Fire Prevention and Building Code in 1986 or 1987 , we were required to amend that . Under our original law , this board was the board that would hear variance applications for building permit issues . In 1987 that was changed by the local law that was adopted as required by law . At that point New York State adopted Part 440 of their New York Code of Regulations which spelled out the setting up of New York State Uniform Fire Prevention and Building Code regional boards for the purpose of hearing variances or applications revolving the failure , or the inactivity , or anything having to do with building code . Attorney Barney continued with in accordance with Section 440 we adopted a local law #4 , 1987 , which specifically provided under Section 12 that a request from a variance for the requirements of the zoning ordinance should be processed in accordance with the provisions of the zoning ordinance , which is what we normally do . A second section reads the request for a variance from the provisions of the building code and an appeal to review the determination of or failure to render a determination by the • Town of Ithaca 14 Zoning Board of Appeals • January 24 , 1996 building inspector based upon the building code , shall be processed with the appropriate board of review as provided in Title 19 of New York Compilation of Rules and Regulations Part 440 . Part 440 specifically says that they basically have the power . Clearly , that ' s where the appeal on this issue lies , it doesn ' t lie with this board . Attorney Mark Wheeler said he wished he knew that earlier . Attorney Barney apologized for not discovering it sooner . Attorney Wheeler said they are not seeking a variance from the building codes . If he heard Attorney Barney correctly , they are the party seeking a variance from the building codes . Attorney Barney said and an appeal to review determination of or failure to render a determination by the building inspector based upon the building code . Mr . King asked if the appeal isn ' t addressed strictly to exhibit T , the building permit issued by the Town on August 31 , 1995 to install a fire and smoke alarm system . Aren ' t you appealing the nature of that building permit? Attorney Wheeler said that is correct . He thought Mr . Stotz earlier indicated we are not applying at this time for a certificate of occupancy . The request has been made for a building permit and in connection with that process , the zoning officer has taken the view that the fire alarm and smoke detector system installed , will not meet the building code . Attorney Barney said not at all . The building inspector is simply saying that he won ' t issue a certificate of occupancy to affect this new statute until somebody tells him in Albany • what the new statute means . Attorney Wheeler said they are in agreement with that . They are here because Mrs . Rumsey thinks he ' s incorrect on that . Chairman Stotz said it seems to him that there ' s a material difference in the matter of procedure between what the attorneys are saying . He thinks it would be unwise to continue discussion and to table this until the next meeting to give the attorneys a chance to resolve this issue . Attorney Barney said he would be happy to supply these materials to Attorney Wheeler . Mr . King asked if they would be willing to come back next month . Attorney Barney said if he ' s right , there wouldn ' t be any need to come back . Attorney Wheeler said he did think Attorney Barney was wrong . They could make the presentation now , since the board is ultimately going to take their counselors advise at some point . His client ' s business is involved here and they would like this resolved . Chairman Stotz said he ' s not going to open the public hearing just yet until they can discuss it right here . Mr . King asked isn ' t the appeal , as stated in the notice , an appeal from the denial of the application for an unconditional building permit . You ' re interpreting the language at the bottom of the building permit which was issued for this fire system . He assumes the fire system has not been installed . Attorney Wheeler said absolutely correct . Mr . King said your objection is that on the bottom of the building permit the zoning officer has written that a certificate of occupancy will not be issued for the building permit until it is found that the building ' s use is in compliance with all applicable Town and New York State rules and regulations . • Town of Ithaca 15 Zoning Board of Appeals • January 24 , 1996 Attorney Wheeler said the issue here is a practical one , if Mrs . Rumsey puts in the fire alarm system that ' s been proposed and asks for a certificate of occupancy , it will not be given to her . Mr . King said it doesn ' t say that . Attorney Wheeler said he has indicated that , that was what Attorney Barney and he were discussing earlier . Attorney Barney said the history here was a little convoluted . Mr . King said if he issues the permit and inspects the work afterwards to see if it complies with the ordinance , it ' s premature to say whether he would or would not issue it at that point . Attorney Barney said the problem is a little deeper than that . They had a lawsuit over this property . The Town alleged that it was improperly used . The Town won that lawsuit . It wasn ' t properly used . We now have assurance there has been compliance with that order , so that ' s part of what is going into this . The lawsuit basically said it should be reduced to no more than four residents , unless there ' s compliance with the building code requirements for a 132 construction . Now we have a new law that the State Legislature has passed . B2 occupancy , as Mark indicates in his papers , requires a couple modes of egress from the second story , one interior , one exterior . This new law that was passed says in the cases of bed and breakfasts , you can have something less than what B2 occupancy would require . The Division of mousing and Community Renewal must formulate the standards that relate to this amendment of the law . Attorney Barney said that has not been done , so Andy is sitting here in a vacuum . He does not have any guidance as to what a portable • escape device is . They have never been defined , in fact never been recognized in the building code as something usable . Now the building code people have got to define it and say what is accessible . Who knows what those standards are going to be . Until he has that guidance , he doesn ' t know whether he has a compliant or noncompliant situation here . One of the other things that can be done is to put in a fire alarm . What Andy was attempting to do here was not to deny the permit and say I ' m not going to let you put the fire alarm in . Obviously they want to put the fire alarm in , no matter how they use the property , whether it ' s for more or less , it ' s advantageous to everybody as a safety improvement . He didn ' t want to say no , you can ' t put the fire alarm in , but I ' m not guaranteeing that I ' m going to give you a certificate of occupancy because until I know what the state says , if you have more than four people and you ' re using a rope ladder to get out of a second story , I don ' t know that it ' s in compliance or not . He won ' t know until the state indicates it . That ' s a nutshell of the history of why that particular notation was put on that particular building permit . Andy could have been a hard nose and not given it all , but there was no particular reason to deny the construction of a fire alarm system . Mr . King said the permit had been issued . Attorney Barney said yes . Mr . King said he doesn ' t think it ' s a conditional permit . It does not make a prejudgment of whether it will comply or not . Attorney Barney said he understands where Mark is coming from because they don ' t want to spend the money if they don ' t know that they ' re going to get their approval . This board is not the board that can determine that . This board cannot say that permit should have been issued unconditionally . They don ' t have that authority , Town of Ithaca 16 Zoning Board of Appeals • January 24 , 1996 Attorney Wheeler asked to give his basis for that and then you can think about it . Attorney Barney said you are giving it to me on the zoning ordinance . Attorney Wheeler said yes . Attorney Barney said the zoning ordinance doesn ' t have anything to do with the building code . We have an act completely separate enabling legislation to deal with the building code and its enforcement . The appeal goes to the appropriate board of review as provided in Title 19 and that ' s the same review board that Margie went to before in Syracuse . Attorney Wheeler said when a building permit is denied improperly , it doesn ' t make sense that someone would have to go to Syracuse instead of coming to this board under Sections 77 of the ordinance which states any person aggrieved by any decision of any officer of the town charged with the enforcement of this ordinance , may take an appeal to the Board of Appeals . Attorney Barney said if it was denied or modified on the basis of that ordinance , you ' re absolutely right , this is the board and the typical situation for a variance . Attorney Wheeler said this is the ordinance that provides for the rules for the issuance of a building permit and the subsequent issuance of a certificate of occupancy . Attorney Barney said no , it provides for it insofar as it relates to zoning matters . There is another whole set of legislation that governs insofar as it relates to building code issues . Attorney Wheeler said this is more than zoning . It provides that a building permit shall not be issued where the use would be in violation of the building codes . . Attorney Barney said that ' s to be consistent with our other statutes . The other statute deals with when you issue building permits , temporary certificates of occupancy , temporary building permits , foundation permits , the whole range of things that aren ' t covered in the zoning ordinance . They are covered in the enabling legislation that the state of New York , in its wisdom , said every municipality had to endow in order to implement the change over to the Uniform Fire Prevention and Building Code . When that transition occurred in 1987 and it moved from local enforcement in some areas to statewide enforcement and also to a state board of review , there were a number of changes made which basically complement that provision in the zoning ordinance . tie adopted that Section 12 , which typically says zoning ordinance matters go here , building code matters must go to the review board . Attorney Wheeler said he ' d be surprised if someone who was denied a building permit , as by your zoning officer , has to go to Syracuse to get it resolved . Attorney Barney said on a building code issue that is true , not only in this community , but any community in this county . Mr . Ellsworth said it may include Binghamton now . Mr . Scala said you can now have four guests . Attorney Barney said correct . Mr . Scala said you could continue to have four guests . Attorney Barney said correct . Mr . Scala said the issue is the need to extend this from four guests to eight guests . In order to go from four guests to eight guests , you need a new certificate of occupancy or an altered certificate . Attorney Barney said he needs to meet some specific requirements that are more lenient now than they used to be in terms of the nature of construction . You ' re thrown into hotel requirements after you go over four people . Now they have the bed and breakfast , which is the middle ground between a private home and a motel or hotel . Attorney Wheeler said the nub of it is that John and the zoning • officer believe that until regulations are promulgated , the old code applies , which Town of Ithaca 17 Zoning Board of Appeals January 24 , 1996 clearly under the determination , she does not meet . We feel that the legislation which went on the books in July is specific and that should govern . She ' s willing to bear the expense and do what a statute requires in order to do that . That ' s clearly where the disagreement is and he felt under Section 77 of your appeals process , this board could resolve that determination . Chairman Stotz said the issue that was explained to him is that it really revolves around the interpretation or the regulations that go inuo the findings specifically of what these temporary devices are for second egress . He understands what John is saying is that that determination is part of the building code . That will be part of the building code whatever agency promulgates it . That determination is consequently their ' s and not this board ' s . Attorney Wheeler said the interpretation and the decision of your zoning officer is his call to make . Mr . Scala said if they had a second exit from the second floor then it would be ok . Attorney Wheeler said that is correct under the present code . Mr . Scala said that would be an added investment over and above the alarms . Attorney Wheeler said Ms . Rumsey has been fighting to do the fire alarms so she didn ' t have to do the enclosure in the central stairway so that she could preserve the place as it is , consistent with the statute that was put on the books in July and that ' s what she would like to do . She doesn ' t want to spend $ 3 , 000 for the system unless the building inspector issuing the permit will say you build it the way you said you ' re going to build it and I ' m • telling you right now this meets the code . He ' s not going to say that . Chairman Stotz asked the board their feeling of continuing on and hearing this or we can postpone it . Attorney Barney said he thought he could persuade Mark that this board is not the appropriate board . Mr . Scala asked if this means if they go to the other board , they would probably be approved . Attorney Barney said he didn ' t know , but if anything else it would put some pressure on the State of New York to define these things . Mr . Scala asked if it would leave the business in limbo . Attorney Wheeler said yes , she ' s operating with four guests and she can ' t expand and that is an economic hardship . Mr . King asked to what extent has there not been compliance with the 1984 variance . Attorney Wheeler said that ' s not an issue at all . He only put that in his appeal because Mr . Frost referenced litigation on the building permit . There was a disagreement . The disagreement was resolved . The parties are living with that resolution and now it ' s a question of bringing the bed and breakfast into code and there seems to be a difference of opinion over what code applies . Mr . Scala asked if the building is a historical site officially . Ms . Rumsey said it is not designated by New York State or the federal government . No one here in the county can do that , but yes it is historical . Mr . Scala said if it were a historical site , you couldn ' t change it . Attorney Barney said you ' re talking about putting in the fire alarm which would comply with codes . How is the second segment being met . Chairman Stotz asked what are they proposing in the way of portable devices . Attorney Wheeler said at that point they simply trap the lines of the statute . They state that all bedrooms for transient Town of Ithaca 18 Zoning Hoard of Appeals January 24 , 1996 guests shall be provided with a portable escape device meeting the requirements of Section 610 . 1 of this title . The above provision is intended to assist local code enforcement by establishing a reference standard for a portable escape device . Attorney Harney said that standard hasn ' t been identified yet . Mr . King said the statute itself says installing a hard wired single - station smoke detector would be an option . Attorney Marney said Section 377 of the executive law states , in general , the New York State Fire Council must promulgate a building code . Section 378 , which this section amends , says the uniform code shall address the following subjects and it lists eleven subjects . The twelfth is this . The statue itself doesn ' t set out the standards , it just says that these items will be addressed in the code . This language follows the same thing . The standards will be promulgated by this code . When they promulgate those standards , we ' ll be delighted to say go ahead and do it . We don ' t know what they are going to promulgate . Until then , it ' s not incumbent upon us to guess at what ' s going to happen . Chairman Stotz asked the board for a vote on adjourning this matter . AYES - Stotz , Scala , Ellsworth , King . NAYS - None . Chairman Stotz adjourned the meeting . • � Q Dani L . Holford Building / Zoning Department Secretary David Stotz , har ' an •