HomeMy WebLinkAboutZBA Special Approval 2/10/1988 TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, FEBRUARY 10 , 1988
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, February 10 , 1988 , 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 Tompkins County, Appellant, Frank R. Licuori, Commissioner of
Planning , Agent, with respect to a request for Special Approval, under
Article V, Section 18 , Paragraph 4 , of the Town of Ithaca Zoning
Ordinance, of a nursery school use to be known as the Tompkins County
Employee Day Care Center , proposed to be located at the Biggs Center,
Building 'A, 301 Harris B . Dates Drive , ' Town of Ithaca Tax Parcel No.
6-24-3-2 . 2 , in a Special Land Use District (Limited Mixed Use) .
Residence District R-30 regulations apply.
APPEAL of Arthur G. and Mary A. Yaple , Appellants, from the decision of the
Building Inspector/Zoning Enforcement Officer denying a building
permit for the construction of a two-car garage, with a master bedroom
and bath as a second story, proposed to be attached to the north side
of an existing single family residence located at 151 Pine Tree Road,
Town of Ithaca Tax Parcel No. 6-57-1-35 , Residence District R-15 . The
proposed addition would create a north side yard of nine feet, fifteen
feet being required. Permit is denied under Article IV, Section 14 ,
of the Town of Ithaca Zoning Ordinance .
APPEAL of Rebecca H. , Robin, and Robert E. Cofer III , Appellants , with
respect to a request for Special Approval, under Article III , Section
4 , Paragraph 10 , of the operation of a rooming house use, as a Bed and
Breakfast Inn, proposed to be located at 355 Stone Quarry Road, Town
of Ithaca Tax Parcel No. 6-39-1-27 , Residence District R9 . The
occupancy of said Inn is proposed at four roomers .
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.
Andrew S . Frost
Building Inspector/Zoning Enforcement Officer
Town of Ithaca
273-1747
Dated : February 2 , 1988
Publish: February 5 , 1988
: a . ./0/18
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be presented at which time the Board would have more information
to deal with.
A motion was made by Henry Aron as follows:
RESOLVED, that this matter be adjourned until a survey is
presented to the Board showing the exact deficiency on the
north side of the subject property that would be created by
the proposed construction.
Edward Austen seconded the motion.
The voting was as follows:
Aye - Aron, Reuning, Austen
Nay - None
The motion was unanimously carried.
The matter was to be placed on the March 9th calendar.
The last item on the agenda was the following:
APPEALob
of R H. in , and rt E. gofer III ,
Appellants, i respect} o a reques or Special Approval,
under Article III, Section 4, Paragraph 10, of the operation
of a rooming house use, as a Bed and Breakfast Inn, proposed
to be located at 355 Stone Quarry Road, Town of Ithaca Tax
Parcel No. 6-39-1 -27, Residence District R9. The occupancy
of said Inn is proposed at four roomers.
Chairman Aron declared the Zoning Board of Appeals as the
lead agency in this matter.
Mrs. Rebecca Cofer addressed the Board. She stated that she
wished to operate a Bed and Breakfast at her home because her
job with Cornell had terminated and it would be income for her.
She continued that her house had seventeen rooms and it would
help pay the taxes and utilities, etc. Mrs. Cofer stated that
she had no children living at home now and felt that this would
be a good utilization of her house to help defray expenses.
Chairman Aron read several endorsements from neighbors, the
first from Frances P . Hull, attached hereto as Exhibit 3, the
second from Lindsay Goodloe and Marvin Berggen, attached hereto
as Exhibit 4, and the third from Paul and Dortha Kelsey, attached
hereto as Exhibit 5.
Mrs . Cofer said that her property was across from the
cemetery and that her closest neighbor was Marvin Berggen at 341
Stone Quarry Road.
Chairman Aron then read the environmental assessment of
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Susan Beeners entitled "Part II - Environmental Assessment -
Cofer Bed and Breakfast" . Said document is attached hereto as
Exhibit 6 .
Mrs . Cofer asked exactly what kind of trimming had to be
done to make the driveway safer and Mr . Austen explained by
indicating on the pictures of the property what needed to be
done. Chairman Aron stated that if special approval was granted
the Town Engineer would tell her exactly what was required.
Joan Reuning inquired as to the load capacity of the bridge
on the property. Mrs. Cofer stated that the bridge had been
redone several years ago with railroad ties and two years ago one
side had been jacked up. She stated that many deliveries were
made to the property and the bridge was sturdy enough to
accommodate the heavy trucks and she did not foresee a problem.
Andrew Frost stated that he also had a concern about the
stability of the bridge.
The public hearing was opened. No one appeared and the
public hearing was closed.
As to the environmental assessment a motion was made by
Edward Austen as follows :
RESOLVED, that this Board finds a negative determination of
environmental significance.
Joan Reuning seconded the motion.
The voting was as follows:
Aye - Reuning, Aron, Austen
Nay - None
The motion was unanimously carried.
Chairman Aron inquired how many rooms would be used and Mrs.
Cofer stated that three rooms would be used for the Bed and
Breakfast. She stated that she already had one student boarding
there and so altogether she would have no more than four
boarders .
Mr. Austen inquired what building codes would have to be met
and Mr. Frost stated that the building would qualify as a single
family residence.
Discussion followed regarding the safety of the bridge after
which a motion was made by Henry Aron as follows:
WHEREAS , the health, safety, morals and general welfare of
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the community in harmony with the general purpose of this
ordinance shall be promoted, except that as to all public
buildings and educational buildings wherein the principle
use is research, administration, or instruction, the same
shall be presumed to exist; and
WHEREAS, the premises are reasonably adapted to the proposed
use, and that such use, except as to public and educational
buildings, will fill a neighborhood or community need; and
WHEREAS, the proposed use and the location and design of any
structure shall be consistent with the character of the
district in which it is located; and
WHEREAS, the proposed use shall not be detrimental to the
general amenity or neighborhood character in amounts
sufficient to devaluate neighboring property or seriously
inconvenience neighboring inhabitants; and
WHEREAS, the proposed access and egress for all structures
and uses shall be safely designed; and
WHEREAS, the general effect of the proposed use upon the
community as a whole, including such items as traffic load
upon public streets and load upon water and sewerage systems
is not detrimental to the health, safety and general welfare
of the community; and
WHEREAS, no one appeared in opposition to this appeal, it is
therefore
RESOLVED, that this Board grants Special Approval for a Bed
and Breakfast to be located at 355 Stone Quarry Road, with
no more than four lodgers, said Special Approval conditional
upon the following:
(a) Trimming of the ridge to the south of the driveway be
completed to the satisfaction of the Town Engineer prior to
May 31 , 1988.
(b) The bridge across the creek to be structurally safe for
traffic and be inspected by the Town Engineer or the
Building Inspector.
( c) Operating smoke detectors be maintained and operative
on the premises.
(d) The Special Approval to be reviewed two years from this
date by the Zoning Enforcement Officer and if any violations
should come before the Board, the Board shall be empowered
to cancel the Special Approval for cause.
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Joan Reuning seconded the motion.
The voting was as follows:
Aye - Reuning, Aron, Austen
Nay - None
The motion was unanimously carried.
There being no further business to come before the Board ,
the meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Beatrice Lincoln
Recording Secretary
Exhibits 1 through 6 attached.
APP OV
Henry Aron
Chairman
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TOWN OF ITHACA FEE : $20 .00
♦ 126 East Seneca Street RECEIVED: V
Ithaca, New York 14850 CASH -
(607) 273-1747 CHECK - ( )
ZONING: -go
APPEAL For Office Use ly
to the
Building Inspector/Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca, New York
Having been denied l 5 ton to ? r c:A cL ;, ,_,2 j --D c,
at J' ci 5 S_l_r.- , (c)k_k cLkAl IRc1 , Town of Ithaca
Tax Parcel No. (13 i , as shown on the accompanying
application and/or plans or other supporting documents, for the stated reason that the
issuance of such permit would be in violation of:
Article(s) , Section(s) - 1.- -cd'61 , 1(2)
of the Town of Ithaca Zoning Ordinance,
the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the
Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL
DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows:
(Additional sheets may be attached as necessary.)
5 i gnature of Owner/Appellant: ,%t'.z-b-e'CV GL /V Date: ///i/ -/J%
Signature of Appellant/Agent: Date:
•
1416-a(2A71—Text 12
PROJECT I.D.NUMBER 017.21 SEQR
Appendix C
State Environmental Duality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
• r ra EC'
3. PROJECT LOCATION: T1 n
Municipality TOLL` In d -L-Y�vkQL`ik. County FOWL { n S
4. PRECISE LOCATION (Street address and road intersections,prominent landmarks, etc.,or provide map)
3 SS S 4-o ned urn.rrti
5. IS PROPOSED ACTION:
❑New ❑Expansion ❑Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
'PO• rwn S ma.[I '8-Pd- 4 Rv-enicis
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7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes ❑No If No,describe briefly J
I1. & S �caQ erDva1 1'-YrvA n 2pr1 1 1�oa.r`L
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
Et Residential ❑Industrial 0 Commercial ❑Agriculture ❑Park/Forest/Open specs ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
Yes No If yes, list agency(s)and permit/approvals
Zon i vt‘21 0C�f1 C tOwn)
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
❑Yes No If yes, list agency name and permit/approval
•
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yee O No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
� et,Fa • Cô f Date:
Applicant/sponsor narr� �
/ obi `-
Signature:
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If the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
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A. DOEi ACTION EXCEED ANY TYPE I THRESHOLD IN a NYCRR, PART e17.12? If yea,coordinate the review process and use the PULL EAF.
❑Yes ❑lb
S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN S NYCRR,PART e17.e? II No.a negative declaration
may be superseded by another involved agency.
❑Yes ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, If iegibie)
Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion.drainage or flooding problems? Explain brfoffy:
•0° c.„4".4.4.„
CZ Aesthetic,agricultural, archaeological,historic,or other natural or cultural resources;or community or neighborhood character? Explain briefly:
•
C3. Vegetation or fauna, fish,shellfish or wildlife species, significant habitats,or threatened or endangered species?Explain briefly:
Ca. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
CS. Long term, short term,cumulative, or other ett&cts not identified in CI-05? Explain briefly.
Cl. Other Impacts(Including changes In use of either quantity or type of energy)? Explain briefly.
D. IS THERE, OR IS T ERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes rUt-JI'No If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it Is substantial,large,important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility;(e) geographic scope; and (f) magnitude. If necessary,add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination: cot*C/�P4
Iv' ( p4, / - 2i0N /rlG O Jf ["
Name of vet Aeasey
rilete C-11L
Print or Type Nana of Responsible Officer in leas Agency Title of Responsible Officer
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merit
Signature of Responsible Officer in cud Agency Signature Propane,(li�from responsible officer)
4-(
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PART II = Environmental Assessment -Cofer Bed and Breakfast.
A. Action is' Unlisted '
B. Action will not receive coordinated review.
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U__QQuidQtion eanit_in_any_adverae effects
' -arising troth the following_' ,
Cl , Existing elr_guelity, surface or groundwater
guality_or_guantity, noise levels, existing traffic
patterns , solid waste production or disposal, potential for
{ erosion, drainage or flooding_Pxohlems?
Because of 'the large size of - the property and house, no
significant adverse impact is expected with respect to these
factors, except that the limited visibility of the driveway
• at Stone Quarry Road may present h"azards 'to potential.
boarders and to other users,' of -Stone Quarry Road. These
' hazards could be substantially 1educed .through the trimming
Off -of soil at the -top of a wooded ridge to the south .of the
. driveway, . a -has , beentrecommended by the Town Engineer. .
Such trimming vould necessitate the elimination. of several
• - trees but would not result iri any significant adverse
environmental impact:
• - C2 . Aesthetic, agricultural ,- archeolor;i.^ai, histories
or .other natural or cultural resources, or community or
• neighborhood character?
Because there—would be no major -changes to— he -
property, and because a low volume of business is proposed,
no significant adverse impact to these factors is expected.
C3 . Vegetation or fauna, fish, shellfish or wildlife
( species. significant habitats,_or threatened or endangered
species?
No significant species or habitats are known that would
be adversely impacted by the proposed use, or by the
recommended trimming off of a ridge near the driveway to
improve visibility. .
C4 .. A community' s existing plans or goals as
officially adopted, or a change in -use or intensity of use
i of land or other natural resources?
As the proposed use is permitted by special approval of
the Zoning Board ,of Appeals, as no zoning violations or
(". nonconformities are known on the property, and as. the number
of rooms to be used for bed and breakfast boarders is
proposed to be limited to three, no significant adverse
impact is expected.
GrowtL. sutsepyen dev_elopmeni, i_re,iated
eeiiMities likely to be induced by the proposed action?
No growth or subsequent development is expected to be
directly induced by the proposed use. Any similar project
t or the expansion of the proposed bed and breakfast would be
subject to further review. -
Fch, b-l1' (o
C6_ Long_tei•m,_short term, cumulative, or other
effects not identified_in Ci_C5?
Not expected.
G?,___Qther_impaets (including changeein_use of either
Quantity or type ef_ energy)?
Not expected.
D_-- Is thare, or_ia_thera.liisely to hes_aantroverai_rclated
to potential adverse environmental impacts?
Not expected at the time or review because of the low
level of activity proposed.
PGRI_III
A negative determination of environmental significance
is recommended, provided that, in order to mitigate
f potential safety hazards related to limited sight distance,
the applicant complete trimming of. the ridge to the south of
the driveway to the satisfaction—of the Town Engineer prior
to May 31 , 1988 .
Lead Agency: - Town of- Ithaca 'zoning Board of Appeals.
Reviewer: Susan C. Beeners , Town Planner
Review Date: Feb. 4, 1988 n ;('V,p��
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