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HomeMy WebLinkAboutZBA Minutes 1997-11-12 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS { • WEDNESDAY, NOVEMBER 12, 1997 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, September 10, 1997, 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 Jim Brown, dba AAA Cleaning Service, Appellant, requesting a variance from the requirements of Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 1 17B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39 . 11 , Residence District R- 15 . Said Ordinance provides for limited home occupations, but without outside employees. APPEAL of Gail Ellsworth and Theodore Mayo, Appellants, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single-family home with up to four boarders, at 109 Rich Road, Town of Ithaca Tax Parcel No. 50- 1 -5 .42, Residence District R- 15 . Said Ordinance limits a residential occupancy to a single family plus one boarder. APPEAL of Richard and Laura Cunningham, Appellants, requesting variances from the requirements of Article IV, Sections 13 and 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage with a building height of 20 feet ( 15 foot height limit) and having a north and south side yard setback of 5 ± feet ( 10 foot setback required) located at 941 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25 -2-2, Residence District R- 15 . A Special Approval under Article XII, Section 54 may also be required. 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 Director of Building and Zoning 273- 1783 Dated: November 3 , 1997 Publish : November 7, 1997 • TOWN OF ITHACA n ZONING BOARD OF APPEALS WEDNESDAY, NOVEMBER 12 , 1997 FM TOWN OF MMfACA The following appeals were heard by the board as follows: APPEAL of Jim Brown, dba AAA Cleaning Service, Appellant, requesting a variance rom requirements of Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 117B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39. 11 , Residence District R-15. Said Ordinance provides for limited home occupations, but without outside employees. APPEAL WITHDRAWN APPEAL of Gail Ellsworth and Theodore Mayo, Appellants, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single-family home with up to four boarders, at 109 Rich Road , Town of Ithaca Tax Parcel No. 50-1 -5.42, Residence District R-15. Said Ordinance limits a residential occupancy to a single family plus one boarder. GRANTED WITH CONDITIONS APPEAL of Richard and Laura Cunningham, Appellants, requesting variances from the requirements of Article IV, Sections 13 and 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage with a building height of 20 feet ( 15 foot height limit) and having a north and south side yard setback 5 +/- feet ( 10 foot setback required ) located at 941 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-2-, Residence District RA5. A Special Approval under Article XII , Section 54 may also be required. APPEAL WAS DEFERRED TO DECEMBER ' S MEETING rim TOWN OF ITHACA ` ZONING BOARD OF APPEALS WEDNESDAY, NOVEMBER 12, 1997 PRESENT: Chairman David Stotz, Harry Ellsworth , Ronald Krantz, James Niefer, Andrew Frost, Director of Building and Zoning ; John Barney, Attorney of the Town ; Ben Helber, Planning Intern ; Christine Balestra , Planner. OTHERS : Gail Ellsworth , Theodore Mayo , Ronald Prouty , Katie Prouty, Jane Hammond , Marie Layer, V . A . Anagnost, Sally Sincock, Jerry Sincock, A . Merson , Jim Brown . Chairman David Stotz called the meeting to order at 7 : 07 p . m . , stating that all posting , publication , and notification of the public hearing had been completed and the same were in order. The first appeal to be heard by the board was as follows : APPEAL of Jim Brown , dba AAA Cleaning Service, Appellant, requesting a variance from the requirements of Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 117B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39. 11 , Residence District R-15. Said Ordinance provides for limited home occupations, but without outside employees. Jim Brown , 117B Honness Lane , said he would like to withdraw his appeal for a variance. He has had the time since the last meeting to successfully move everything out of his residence , so he no longer needs a variance . MOTION made by James Niefer, seconded by Ronald Krantz: RESOLVED, that this Board formally withdraws the appeal of Jim Brown at 117B Honness Lane , Town of Ithaca Tax Parcel No . 58-2-39 . 11 , from the agenda . A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz, Niefer. NAYS - None . The motion was carried unanimously. The second appeal to be heard by the board was as follows : APPEAL of Gail Ellsworth and Theodore Mayo, Appellants, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single-family home with up to four boarders, at 109 Rich Road , Town of Ithaca Tax Parcel No. 50-1 -5. 42, Residence District RA5. Said Ordinance limits a residential occupancy to a single family plus one boarder. Gail Ellsworth , 109 Rich Road , said she has an elderly care home on Rich Road . She has one person at this time , and would like to be allowed to have up to four people . At the present time she only wants to have three people , but down the road she would like to add a fourth person . She runs an assisted living home . The home is for anyone that does not want to live by themself, such as strokes or TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 , 1998 PAGE 2 Alzheimer. This would be the stage before they would need to go into a nursing home . She would provide 24 hour care . All the meals are prepared at the home along with laundry facilities available . Chairman Stotz asked Ms . Ellsworth how long she has been operating at this home . Ms . Ellsworth said she has been operating in this home since September. Chairman Stotz said the Zoning Board of Appeals received a letter from Ronald and Katherine Prouty, who are adjacent neighbors . The Proutys expressed their concerns in regards to this appeal in the letter. Director of Building and Zoning Andrew Frost said the second paragraph of the Prouty letter states "according to our conversations with the representatives of the Zoning Board" , it should actually say "conversations were done with the Zoning Officer" . Prior to Ms . Ellsworth purchasing the property, he has had numerous conversations with her and described the zoning limits regarding a home for the care of senior citizens . He described at that time that a variance from the Zoning Board would be required as well as trying to describe the requirements for building code , which would allow a single residence to have up to four boarders . Above four boarders the building code would regulate the house not as a single family residence , but as something like a boarding house or hotel/motel . Anything above four boarders would be more restrictive in terms of building code requirements . Mr. Frost said in July he received a call from a neighbor inquiring about the house, and brought to- his attention an ad- which is part of the application . He was a little surprised that after the number of conversations he has had with Ms . Ellsworth , that all of sudden she purchased the home- and was advertising- the property as maintaining a home for senior citizens . The Prouty letter makes reference to the Zoning Board , which Sshould have read the Zoning Officer. Item number two in the Prouty letter makes reference to the basement being a TV/den/bar type room , one bedroom , one bathroom , furnace room , and washer/dryer area . In no way has his office certified or inspected the entire building . Any type of living space- in- the basement or cellar would be non- habitual space , and would not be permitted . He does not know what the allegation is as being a bedroom in the basement, but it may in fact not be legal habitual- space. The Zoning Board of Appeals should be aware that the Building and Zoning Department -office has Trot certified or blessed this building as being incompliance with all the regulations that may apply . Ms . Ellsworth said the basement would not be used for any of the boarders , that would be her living space. The basement would have a living room , bedroom , and washer/dryer room . Director of Building and Zoning Frost said he does not care to know how someone is using their home in private , but the building code does address and would prohibit living space in a cellar below grade . Mr. Frost asked Ms . Ellsworth does the basement have a walk out. Ms . Ellsworth responded , no . Director of Building and Zoning Frost said this would be considered a cellar by definition . It would not be a legal living space . Even to have a bedroom in the basement it would not be legal by code . Ms . Ellsworth said boarders will not be in the basement. Director of Building and Zoning Frost said what he is suggesting is that is may not be legal space for boarders or her. • Theodore Mayo , 109 Rich Road , asked Mr. Frost if that is because of a code violation . TOWN OF ITHACA ZONL 1G BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 , 1998 PAGE 3 Director of Building and Zoning Frost said he spoke to the Department of Social Services today to Sfind out the limits of how they certify a property. Ms . Ellsworth noted in the application that she submitted a copy of a operating permit from the Department of Social Services out of Albany . He called Albany and asked them what criteria was used for the issuance of an operating certificate . He was told that they looked for an inspection report from the Code Enforcement Officer, which is him . Mr. Frost said he has not done any formal inspection , and asked what type of document they had . There was an electrical inspection performed in 1996 . They suggested that the operating permit may have been submitted in error. Mr. Frost said he was referred to the local Department of Social Services . In fact, the only document they have obtained from Ms . Ellsworth as a certification of an inspection from a Code Enforcement Officer was from the electrical inspector. It appears that there may be some questions of the effectiveness of Ms . Ellsworth 's operating certificate that was issued . Ms . Ellsworth said a person from the Department of Social Services visited the home and toured the home with her. The Department of Social Services has certain regulations and rules to follow by . Director of Building and Zoning Frost said in discussions with the Department of Social Services it was their impression that the Board of Fire Underwriters , an electrical inspection , was serving as an overall building inspection for life safety features beyond electrical work. That is not what the electrical certificate does . It was in part ignorance on their part that the Department of Social Services accepted that certificate , but it does not satisfy the requirements for building inspections , which would be done by the Code Enforcement Officer, which is him. Mr. Frost said what Ms . Ellsworth gave the Department of Social Services is not valid by their standards , and in fact may jeopardize her operating certificate at the present time . Ms . Ellsworth may want to contact the Department of Social Services in the morning . Ms: Ellsworth purchased the house from a local electrician , John Augustine , Jr. . Chairman Stotz asked Ms . Ellsworth how many bedrooms are in the upstairs of the home . Ms . Ellsworth said there are three bedrooms in the upstairs . Chairman Stotz asked Ms . Ellsworth if there would be a boarder in each of those bedrooms . Ms . Ellsworth responded , yes , and at some point she would like to add on another bedroom to the house. If she wanted four boarders she would need to add on another bedroom to the home . Ms . Ellsworth asked what is the difference between a resident and a boarder. This is what she went through before with the Department of Social Services . Director of Building and Zoning Frost said the Department of Social Services refers to a family type home for adults on her certificate . He is not exactly sure what the Department of Social Services meant by that, but the home is viewed as a single family residence . In discussions with Albany Social Services this afternoon , it seems that their standard are consistent with the New York State Uniform Fire and Prevention Building Code. This would allow up to four boarders in the house , and have the house still regulated under building code requirements applicable to a single family residence . Once Ms . Ellsworth gets above four boarders , then the building is regulated as something more as a hotel/motel . That would give a different set of regulations that would be a significant amount of money and change the building to comply with those regulations that are over and above what is otherwise considered a single family residence . There are limitations there . Mr. Frost said that is why after the number of conversations he had with Ms . Ellsworth prior to the purchase of the home he was surprised to see that she is now advertising without having the Zoning Board of Appeals approval . • TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 . 1998 PAGE 4 Mr. Mayo said as it stands right now, they do not want to take any more than four boarders or residents into the home . Not ever. They would not be able to provide the unique care that they could offer for any more than four people . Director of Building and Zoning Frost said his understanding is that they would not receive the same operating certificate from the Department of Social Services if there were more than four boarders anyway. Ms . Ellsworth said that was correct. She would need to get a different type of certification if they had more than four boarders . Director of Building and Zoning Frost said however the Zoning Board of Appeals acts on this appeal , that they should be aware that there are some building code considerations that may be questionable at this point, not only to his office but the Department of Social Services , Mr. Frost said he has been talking negatively, that he knows that everyone will be senior citizens someday, and this is an admiral undertaking they are doing here . Ms . Ellsworth said she operated a home like this before . The Department of Social Services listed the people as "clients" , not boarders , but that is the way it was listed . Attorney for the Town John Barney asked Ms . Ellsworth where did she operate a home before . Ms . Ellsworth said she operated the Evergreen Home in Jacksonville . Attorney Barney said the Evergreen Home was located in the Town of Ulysses , and this is the Town of Ithaca . He does not know what their rules are, but the Town of Ithaca's Zoning Ordinance is pretty specific in limiting the number of unrelated people that could live in residential neighborhoods . The Town of Ithaca Zoning Ordinance specified that no more than two unrelated people carr house- together, except under a certain limited circumstance . It is not clear that these circumstances meet those requirements . What happened in Jacksonville does not have a lot of bearing on what the Town of Ithaca permits . Director of Building and Zoning Frost said he thought it was made clear on at least three telephone conversations and additional conversations with a Real Estate Agent, that anything more than one boarder would require an approval from the Zoning Board of Appeals. He did not know how to make if any clearer at the time when he first started talking to Ms . Ellsworth . Ms . Ellsworth said she realizes this is different than the Trumansburg area , but the Department of Social Services decides what they call a client and a boarder. She could have clients in her home , like she has now. A boarder is considered someone that just comes in for a short period of time . She could have both there , and that is how she is licensed according to the Department of Social Services . There is a difference between clients and boarders . Director of Building and Zoning Frost asked Ms . Ellsworth if it means whether it is a short term resident or a long term resident in the home . Ms . Ellsworth responded , yes . Short term resident could be a Respite Care patient or a long term resident would be considered a regular client. Boarders could live downstairs if it was legal according to the Town building code . Ms . Ellsworth said that is not what she is understanding , she thinks of boarders whether it is clients or boarders are separate . TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 , 1998 PAGE 5 Attorney Barney said the Town of Ithaca Zoning Ordinance does not make that distinction , that may be a Department of Social Services distinction . Ms . Ellsworth said the Department of Social Services inspected the home before she agreed to the purchase . Attorney Barney said the Town of Ithaca Zoning Ordinance is pretty specific, and the Ordinance does not matter whether they are there short term or long term . Chairman Stotz said a boarder is a roomer, lodger, or other occupant. Chairman Stotz opened the public hearing . Ronald Prouty, 512 Coddington Road , said he owns the adjacent lot to this property. He is concerned about the value of his property after this is all done with four people living there . He also has a swimming pool , which is fenced in , but if there were people there of diminished capacity or something , he would be liable if they ended up in his swimming pool . Chairman Stotz asked Mr. Prouty if he is concerned about the liability as being one of these neighbors . Mr. Prouty responded , yes , and plus his property value . Up to now there have not been any problems with one person being in the house , but with three or four people he does not know. Director of Building and Zoning Frost asked Mr. Prouty if there was a family living next door with four children , would his liability be any different. Mr. Prouty said it would if one of the children ended up in his pool . Director of Building and Zoning Frost said the risk associated with four senior citizens versus children would be the same . Mr. Prouty said people with Altimzers are a little different. Ms . Ellsworth said there would be 24 hour care. There would be not a client ever left alone . Chairman Stotz asked Mr. Prouty to explain his concerns about his property value . Mr. Prouty said this is a residential neighborhood . If it was like a home or a nursing home in the area , that people who move there may be looked upon a little differently. Chairman Stotz asked Mr. Prouty if this would limit the number of potential buyers of his home because of that. Mr. Prouty responded , yes . Ithaca College is located behind them . Chairman Stotz asked Mr. Prouty if the notation in his letter about the one exit in the basement has been addressed by Ms . Ellsworth and Mr. Mayo . They would be living in the basement instead of a boarder. Mr. Prouty said he was not sure of the living arrangements . TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21, 1998 PAGE 6 Director of Building and Zoning Frost said presuming there was habitual space in the basement, • they could have one exit or door as long as there are egressive windows . He is not sure there is habitual space in the basement at this time . Katie Prouty, 512 Coddington Road , said she is very familiar with the house . She knows there are only two bedrooms on the ground floor. The third bedroom was turned into a TV/den type area before John and Ann Augustine moved with the large " Florida" room attached to the other room . They cannot house four people in that house without making some renovations or additions . Ms . Ellsworth said she only wants three clients at this time , and down the road they would like to add another bedroom . Mr. Mayo said in the event that they choose to add on through building permits and Zoning Board approval , they would like the Board to consider four boarders at this time , that in the event if it goes down the road further and they wish to add on . Chairman Stotz said it was his recollection that there were only two bedrooms in this home . Ms . Ellsworth said the third bedroom is just off the kitchen going towards the sun room . Ms . Prouty said that used to be a bedroom . Ms . Ellsworth said that is a bedroom again , and there are two bedrooms down the hall . Ms . Prouty said when her and her husband built their house in 1970 , along with everyone else in the neighborhood , that they built there because they did not want to live in downtown Ithaca or have businesses in the area . She thinks that most neighbors would back her up on that thought. There have been some variances allowed that have altered the neighborhood that are not very good . Sally Sincock, 122 Rich Road , said she does not have any objection to the business as it is . She thinks it is admiral also by taking in the elderly people . Ms. Sincock asked , as the Zoning- Ordinance is right now, could they have more than two non-family members . Chairman Stotz responded , no . Only one unrelated family member is allowed for a single family home . Ms . Sincock asked if she wanted to have a boarder, how many could they have . Chairman Stotz responded , one . Ms . Sincock asked if this would change . Chairman Stotz said this would not change for the neighborhood , but if the variance was granted it would change the residence . Ms . Sincock asked if the variance would be passed on if they sold the house by being grandfathered in . Attorney Barney said typically , variances go with the land , but the Zoning Board of Appeals could • impose a condition that limits this business to these particular owners . TOWN_ OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 , 1998 PAGE 7 Ms . Sincock said her personal concern , and friends on the street, that this would expand beyond how they are doing it now. One or two clients in the house are fine now. Four clients , if they can do it legally and comfortably in the house as it is may be pushing . If there has to be expansion or the house is sold student housing could change the flavor of the neighborhood . It is a dead end street, it is a single family resident. It is a very wonderful street with a lot of children . They are nice neighbors as well . Chairman Stotz asked Ms . Sincock if she has any objections to Ms. Ellsworth and Mr. Mayo operating this business if a couple conditions were met, such as a maximum of four boarders and if the property is sold the new owner would need to go through the same process to maintain the same business . Mr. Sincock responded , yes . Jerry Sincock, 122 Rich Road , said the concern is also that the physical characteristics of the home remain a single resident/family environment, not a multi-family environment. Some of us have been around Ithaca for many years , without going into the history of all the students and changes on other streets , that this is really a residential area . There are many children in the area playing . He knows what it is like to have an elderly person living with them , his father-in-law lives with them . Mr. Sincock said he thinks it is wonderful that Ms . Ellsworth and Mr. Mayo did this with Mr. Augustine's house. No one really objected to it, and they have been nice neighbors , but if the characteristics of a home are changed that the environment of the neighborhood would be changed . They may decide to buy a bigger place, then there would be a person applying for student housing again . In Ithaca , historically , that has been the cop out. He would like to keep this street for children , and a pleasant neighborhood . If the house is kept the way it is physically, of the physical characteristics , that would be fine . Chairman Stotz asked Mr. Sincock what does he mean by the physical characteristics . Mr. Sincock said the footprint of the house remain the same . Director of Building and Zoning Frost said if they sold the house and a family purchased the house . If the new owners wanted a building permit to add two bedrooms onto the house they could do it as long as it complied with building and zoning code requirements . Ms . Ellsworth said she would like to add another bedroom at some time so she would have an upstairs bedroom for herself. She would never go beyond four people . She is not licensed to go beyond four people , so she cannot go any bigger. Mr. Sincock said he does not want to see six cars parked out front. Ms . Sincock said it would be important that if the variance was granted by the Board that it does not allow grandfathering . Director of Building and Zoning Frost said the Zoning Board of Appeals have granted similar variances to make it specific to the owner, and once that owner is no longer in that building then the variance is void . Ms . Ellsworth said the State of New York would not allow her to do more anyway. If wanted to go bigger she would need to hire more people to help work with her. That would defeat the purpose of what she wants to use this for anyway. She does not want to get any bigger than four people. TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 , 1998 PAGE 8 Mr. Mayo said as far as the footprint of the home , he is a fanatic about his yard . He does not like anything laying around and likes to mow the lawn . He likes to have everything trimmed , and takes a lot of pride in what he does outdoors . He feels as the neighbors accept this , if the Zoning Board of Appeals grant this variance , the neighbors will see that it will look as it does now as a residential home without being a "nursing facility" . They want to provide a service for seniors in this area that is needed prior to nursing care facilities . That is why they went this far. Director of Building and Zoning Frost asked what happened to the home in Jacksonville . Ms . Ellsworth said she operated a house through Clausens . They still own the house , she was only leasing the home. Chairman Stotz said he visited Ms . Ellsworth and Mr. Mayo's home during the summer months , and the inside of the home he was very impressed . The grounds seemed to be maintained in good faith . It is important that continues . Ms . Ellsworth said there is never a person unattended especially outside . There will be two children living on the same back lot. Mr. Mayo said the property was subdivided by John Augustine , Jr. , and he is converting the resent structure in the back into a family home . Mr. Augustine's daughter and grandchildren will be residing there . Ms . Ellsworth said she thinks the children would be far more a problem than the elderly for the concern of the swimming pool next doors . The elderly people will never be unattended . She would take them out for rides and walks supervised . Ms . Sincock said she would like to submit three other letters from three other neighbors joining in their concerns of grandfathering of this variance. If the Board was opening the street to the possibility of student housing , which would be a great concern because they are located so close to Ithaca College, Ms . Sincock said she hopes the Board would consider protecting the neighborhood . Mr. Mayo said as far as extra vehicles , when a person comes to live in this type of home , they are to the point where they do not have a car anymore because- of their health . Family members come to visit and take the residents out for a ride or dinner. Very seldom there will two or three vehicles on the property . The third car maybe a family member's car that is visiting . Ms . Ellsworth said that Ithaca College told them that they could park across the street, and a neighbor said that they could park in their driveway if needed . Ann Merson , 123 Rich Road , said she would be very concerned about grandfathering such a variance . Ms . Merson asked what would the variance be for specifically, the number of people that would be allowed to live on the property or something else. Chairman Stotz said the parking is an issue that needs to be addressed , but the variance itself would be for additional boarders beyond one . Ms . Prouty asked what do they have planned in ordered to house four people . • Ms . Ellsworth said currently she would only be housing three people . The reason they want the variance for four people was for down the road they would like to add an extra bedroom and an extra TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 , 1998 PAGE 9 bathroom . Normally , she would not have four people at one time , but if respite care calls at the spare of the moment they would have space . There would not always be four people usually at one time , but she wanted to add one more bedroom , so she could have a room upstairs as well . Ms . Prouty asked Ms . Ellsworth if she wants to construct a new building . Ms . Ellsworth responded , no . Ms . Prouty asked Ms . Ellsworth if she would be using the existing space in the house . Ms . Ellsworth responded , no , she would need to add another room to the back side . Director of Building and Zoning Frost said they would need to get a building permit to increase the footprint of the house for the room . Ms . Ellsworth said she would not be able to get four people in the house at this time , but down the road she would like to have another room . Attorney Barney said the Zoning Board of Appeals could only grant the variance tonight for three people . They would need to come back another time to add another person . Chairman Stotz closed the public hearing . Chairman Stotz asked Ms . Ellsworth if family members and friends could visit and have dinner with the clients whenever they chose to . Ms . Ellsworth responded , yes . Chairman Stotz asked if the driveway is a single car driveway. Ms . Ellsworth said the driveway is wide enough to park two cars side by side for three rows . Chairman Stotz asked Ms . Ellsworth if she has given it any thought to if there are big Sunday dinners . Ms . Ellsworth said Ithaca College gave us permission to park across the street, and a neighbor said they could use their driveway also . Generally , they would not have that many cars at one time unless there is an open house . Parking would not be a problem . Chairman Stotz asked Ms . Ellsworth if there would be any cars parked on the street. Ms . Ellsworth responded , no . Chairman Stotz said the one thing that disturbs him is the whole code on this property by not being aware of the zoning regulations in the Town of Ithaca and who the Zoning Enforcement Officer is. Ms . Ellsworth said she thought she understood the regulations. about. Chairman Stotz asked Ms . Ellsworth if she could help the Board understand how this all came • TOWN OF ITHACAZONING BOARD OF APPEALS - NOVEMBER 12, 1997 ' APPROVED - JANUARY 21 1998 PAGE 10 Ms . Ellsworth said she spoke to Mr. Frost, and thought she understood the regulations . She talked to the lady at Department of Social Services also , and she understood it the way she did also . Chairman Stotz said Mr. Frost mentioned that he told Ms . Ellsworth on at least three separate occasions to operate this home she would need to obtain a variance . Yet, they opened the home and took boarders in before the variance was granted . Ms . Ellsworth responded , yes , but she does not call them boarders . She does not understand it the way the Board does . She spoke to the lady at the Department of Social Services , and understood that she could have two additional people . Director of Building and Zoning Frost said the Town of Ithaca Zoning Ordinance states that one family plus no more than one boarder/roomer/lodger/occupant. That covers all the bases . He is still trying to figure out, when the Department of Social Services asked for an inspection report from the Code Enforcement Officer, but ended up with an electrical inspection . Ms . Ellsworth said the Department of Social Services ended up with the electrical inspection because the owner of the house said that would be sufficient. Director of Building and Zoning Frost said the Department of Social Services understood that report to be a total safety inspection , and that only certifies the building according the national electric code and nothing more than that. All the other regulations that the Department of Social Services is looking for prior to issuing an operating certificate was not covered by the electrical inspection . That would come from an inspection by the Building Inspector and Fire Safety Inspector. . Chairman Stotz asked Ms . Ellsworth if this is a misunderstanding . Ms . Ellsworth responded , yes . She would not deliberately open the house and take people in with the chance of losing everything . Mr. Mayo said they have gone through so many obstacles by trying to doing something like this , maybe on their part they were ignorant to the law according to zoning , but they went through the processes , and they thought they had everything that should have been done. Director of Building and Zoning Frost asked if there was a bedroom in the basement when they purchased the house . Mr. Mayo responded , yes . The Department of Social Services would not allow them to have any more residents than what they were capable of handling because they investigate each person case by case as they come in . If the Department of Social Services knows that there is not adequate space for that person they will not place that person with or any other establishment that is in the business of providing personalized care . ENVIRONMENTAL ASSESSMENT: Chairman Stotz said there was a report supplied to the Zoning Board of Appeals by Planner Christine Balestra . There was a question in the report about wheel chair ramps . Planner Christine Balestra said Planning Intern Ben Helber and her did the environmental assessment, and in discussions Ms . Ellsworth mentioned that she could accommodate people in wheelchairs , but they neglected to see any ramps or accessibility for wheelchairs for entrance and exit. TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 , 1998 PAGE 11 Ms . Ellsworth said she has a wheelchair ramp that her mother is using right now. She does not • have anyone at the house right, so she does not need the ramp at this point. The ramp from her mother would be located out the front door. Chairman Stotz asked if that would be an environmental issue . Planning Intern Ben Helber said it is an issue that they wanted to raise because they did not know what the requirements were . Chairman Stotz asked Ms . Ellsworth if the Department of Social Services requires them to have the wheelchair ramps . Ms . Ellsworth responded , no . If there are any questions for the Department of Social Services, she would be happy to forward them along . She has a wheel chair ramp that her mother is using . She does not need the ramp unless she has a client that is in a wheelchair. She does not have to have a stationery ramp , but if she is granted a variance she would be happy to build a permanent ramp . Planning Intern Helber said the maintenance of the property has been well maintained and looked nice . There is one concern with a whip antenna in the rear yard that was attached to the house. The whip antenna was lying on the ground , and could be a possible hazard . Mr. Mayo said he would be burying the antenna . A lot of what was out there , the cable , he did not want to tear the yard up at the time to bury the cable . He was not sure of the variance , but the cable could be removed tomorrow if need be or buried under ground . • Ronald Krantz said any new doctors office or new public building that is opening up has to be wheel chaired accessible . It is hard to imagine a home receiving assisted care or nursing care would not require wheel chair accessibility. Ms . Ellsworth said she does have a wheel chair ramp , but it is not required to have it stationary. When she knows the variance is granted she would put a permanent ramp there . Planning Intern Helber said they just added that to the environmental assessment if the variance was granted they would feel better if a permanent wheel chair ramp was constructed . Ms . Ellsworth said a ramp would be built if the variance was granted . MOTION made by James Niefer, seconded by Harry Ellsworth : RESOLVED, that this . Board makes a negative determination of environmental significance for Gail Ellsworth and Theodore Mayo at 109 Rich Road , Town of Ithaca Tax Parcel No . 50- 1 -5 .42 , Residence District R- 15 , based on the report supplied by the Town of Ithaca Planning Department on November 3 , 1997 . A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz , Niefer. NAYS - None . The motion was carried unanimously . TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12 1997 APPROVED - JANUARY 21 , 1998 PAGE 12 Chairman Stotz said he would not necessarily be against this facility from operating , but there • needs to be some real conditions placed on the approval , such as the following : 1 . That the property and the grounds be maintained in a manner that is consistent with other properties in the neighborhood to look like a single family residence, and 2 . That there be no signs advertising the business , and 3 . That there be adequate off street parking to accommodate the maximum number of residents and the maximum number of quests , and 4 . That the building to be maintained in good repair on the outside , and 5 . That when the building is sold , that this variance does not go with the building , and 6. That the residents in this facility must be under 24 hour care, and 7. That the owners have a valid certificate from the Department of Social Services to meet all State Building Codes , and 8 . That the issue of the cable be satisfactorily taken care of so it does not prevent a danger to someone , and 9 . That a permanent wheel chair ramp is installed , and 10 . That the number of boarders are limited to three only. Mr. Niefer said it troubles him that a number of neighbors that express concerns as to the change of the character of the neighborhood from a family residential area to something that is non-family residential area . To him that is somewhat significant, and it is not much of a stretch for someone to buy the house and have students live there as boarders. That is non conforming to the- area. Zoning was established to maintain the character of the neighborhood . When a person purchases a house , and contacts their lawyers and Realtor then intend to do something in that residence that is not in keeping with the character of the neighborhood it would remove them to make sure before purchase it that they can use that residence for what they want to do rather than start to do then go in after the fact for a variance. Those business adventures should be done before purchasing the home . The Town of Ithaca has zoning for the protection of people in the neighborhood . Director of Building and Zoning Frost said he suggests to people that a purchase offer be made contingent upon obtaining a variance for the property. Chairman Stotz said he thinks it is a needed service , and he has seen the property inside and out. It looks like a type of place that would fit in with this neighborhood . On the other hand , he was trying to find out whether all the stuff with the Zoning Officer was a misunderstanding on Ms . Ellsworth's part. Ms . Ellsworth responded , no . She had never gone through this type of thing . There is a lot of this she does not understand , but she thought she understood it pretty well . Ms . Ellsworth said she could • not afford to do anything against the law. She does not plan to sell the house down the road , and would like to live in the house when she retires . TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12 1997 APPROVED - JANUARY 21 , 1998 PAGE 13 Chairman Stotz said he wants to assure himself that this is a misunderstanding to Ms . Ellsworth . • Ms . Ellsworth said she is not sure what to do to assure Chairman Stotz. She is going along with the State regulations and thought she was doing all the right things . Ms . Ellsworth said she is not hiding anything . Attorney Barney said this is a use variance, and the statue states that no such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship . In order to prove such unnecessary hardship the applicant should demonstrate to the Zoning Board of Appeals : 1 . That under applicable zoning regulations the applicant is deprived of all economic use or benefit from the property in question , which deprivation must be established by competent financial evidence , 2 . That the alleged hardship relating to the property in question is unique that does not apply to substantial force of the district or neighborhood , 3 . That the requested use variance , if granted , will not alter the essential character of the neighborhood , and 4 . That the alleged hardship has not been self created . These are the four criteria for the granting of a use variance . • Chairman Stotz said the fourth criteria is the troublesome because Ms. Ellsworth has opened this facility, and invested the money that she needed to invest to do that. In fact if Ms . Ellsworth suffers some type of financial set back because this Board does not approve the variance it is from the actions she took. Chairman Stotz asked Ms . Ellsworth in light of what was just stated is there any way she could address them for financial hardship . Harry Ellsworth asked Ms . Ellsworth if she would be able to stay at this property if she did not have these people to aid . Ms . Ellsworth said it would be tight because she quit her job at Cornell . She would not be able to work outside the home while taking care of these boarders . Mr. Mayo will have to bring his income in . There needs to be one income into the home . Mr. Krantz said it would be the question of two additional people because Ms . Ellsworth is allowed to keep one . Ms. Ellsworth said to maintain she would need at least two people because a certain portion of the money she receives from people goes back into taking care of them . Ms. Ellsworth said she would probably sell the home if the variance was not granted . Chairman Stotz asked Ms . Ellsworth if she and Mr. Mayo would be able to continue to live at this home without these boarders . • Ms . Ellsworth responded , yes , but she would need to work outside the home. TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12 1997 ` APPROVED - JANUARY 21 , 1998 PAGE 14 Director of Building and Zoning Frost asked Ms . Ellsworth who the real estate agent was when • she purchased the house . Ms . Ellsworth said she went through John Augustine and both of their lawyers . They all knew what she was buying the house for. Attorney Barney asked Ms . Ellsworth who was her attorney for the purchase. Ms . Ellsworth said her lawyer was Jim Hickey. The attorneys worked the details out amongst themselves . MOTION made by David Stotz, seconded by Ronald Krantz: RESOLVED, that this Board grant the variance for Gail Ellsworth and Theodore Mayo at 109 Rich Road , Town of Ithaca Tax Parcel No . 50- 1 -5 . 42 , Residence District RA5 , to be permitted to operate a single family residence with a maximum of three adult boarders approved by the Department of Social Services , and that this appeal is granted in recognition of the valuable service that a facility like this provides to the community based on the following conditions : 1 . That the premises be maintained in a manner that is consistent with the remaining houses in the neighborhood , and 2 . That sufficient off street parking is provided for residents , if they have cars and their guests , and • 3 . That the variance will be terminated with the sale or transfer of the house , and 4. That all the required certificates from the State of New York Department of Social Services and all required inspections are conducted and complied with , and 5 . That all the residents in the facility will have 24 hour seven day a week care , and will not be allowed to wander on the grounds unescorted , and 6 . That permanent wheel chair access is provided , and 7. That the building comply with all applicable building requirements , and 8 . That there be no signs displayed outside on the property or attached to the building , or in any way visible from the outside of the building , and 9 . That the variance is terminated if there is a continuance period of 60 days that there is not an operating permit from the Department of Social Services . A vote on the motion resulted as follows : AYES - Stotz , Ellsworth , Krantz. NAYS - Niefer. The motion was carried . The last appeal to be heard by the Board was as follows : TOWN OF ITHACA ZONING BOARD OF APPEALS - NOVEMBER 12, 1997 APPROVED - JANUARY 21 , 1998 PAGE 15 APPEAL of Richard and Laura Cunningham , Appellants, requesting variances from the • requirements of Article IV, Section 13 and 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage with a building height of 20 feet ( 15 foot height limit) and having a north and south side yard setback of 5 +/- feet ( 10 foot setback required ) located at 941 Taughannock Boulevard , Town of Ithaca Tax Parcel No. 25-2-2, Residence District R-15. A Special Approval under Article XII, Section 54 may also be required . Director of Building and Zoning Frost said this appeal will be heard at the December Zoning Board of Appeals meeting . Chairman Stotz adjourned the meeting at 8 :20 p . m . . 6q Debora Kelley, Keyboard Specialist/Mi Utes Recorder David Stotz, C airma • • TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Dani L . Holford, being dulv sworn , depose and sav that I am the Town of Ithaca Buildin . arid Zoning Department Secretarv, Tompkins Countv. New York : that the followinu notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in.. the local newspaper. The Ithaca Journal . Notice of public hearings to be held by the Town of Ithaca Zoning Board of appeals in Town Hall, 126 East Seneca Street, Ithaca, New York on Wednesday, November 12 . 1 (A7, commencing at 7 : 00 P. M . , as per attached . Location of sign board used for posting : Bulletin board. front entrance of Town Hall. Date of posting : November 5. 1997 Date of publication : November 7, 1997 Dani L . Holford. Building and Zoning De artment Secretary, Torn of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 7th day of November. 1997. i� 7` • TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS • WEDNESDAY , NOVEMBER 12, 1997 F1 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, September 10, 1997, 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 Jim Brown , dba AAA Cleaning Service, Appellant. requesting a variance from the requirements of Article IV, Section 12 of the Town of Ithaca Zoning Ordinance. to be permitted to operate ajanitorial service with outside employees from a residence located at 11713 Honness Lane. Town of Ithaca Tax Parcel No. 58 -2 - 39 . 11 . Residence District R- 15 . Said Ordinance provides for limited home occupations. but without outside employees. APPEAL of Gail Ellsworth and Theodore Mayo. Appellants. requestin <, a variance from the requirements of article IV, Section I I of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single- family home with up to four boarders, at 109 Rich Road. Town of Ithaca Tax Parcel No. 50- 1 - 5 .42 , Residence District R- 15 . Said Ordinance limits a residential occupancy to a single family plus one boarder. APPEAL of Richard and Laura Cunningham . Appellants, requesting variances from the requirements of Article IV, Sections 13 and 14 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a garage with a building height of 20 feet ( 15 foot height limit) and having a north and south side yard setback of 5 = feet ( 10 foot setback required) located at 941 Taughannock Boulevard, Town of Ithaca Tax Parcel No . 25 -2 -2 . Residence District R- 15 . A Special Approval under Article XII, Section 54 may also be required. • 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 Director of Building and Zoning 273 - 1783 Dated: November 3 , 1997 Publish : November 7, 1997 •