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Home My WebLink AboutZBA Special Approval 6/26/1991 FILED - TOWN OF ITHACA / Date TOWN OF ITHACA ZONING BOARD OF APPEALS `Clerk JUNE 26, 1991 THE FOLLOWING MATTERS WERE HEARD ON JUNE 26, 1991 'BY THE BOARD: APPEAL OF JOHN A. HOFFMANN, APPELLANT, REQUESTING AUTHORIZATION BY THE ZONING BOARD OF APPEALS FOR THE EXTENSION OF A NON-CONFORMING BUILDING/IRREGULAR SHAPED LOT, LOCATED AT 237 FOREST HOME DRIVE, TOWN OF ITHACA TAX PARCEL NO. 6-66-4-12, RESIDENCE DISTRICT R-15. - THE EXTENSION PROPOSED IS THE CONSTRUCTION OF A NEW PORCH AND ENCLOSED ENTRYWAY ON THE. SOUTHWEST SIDE OF THE EXISTING SINGLE FAMILY RESIDENCE AND ANEW SUNROOM AND PORCH ON THE SOUTHEAST SIDE OF SAID DWELLING. THE EXISTING 'RESIDENCE HAS A'FRONT YARD BUILDING SETBACK OF 2.5 PLUS OR MINUS FEET (.25 FEET BEING REQUIRED) ;. THE PROPOSED PORCH ON THE SOUTHWEST SIDE WOULD BE 20 PLUS OR MINUS FEET FROM THE REAR LOT LINE (30 FEET BEING REQUIRED) ; THE PORCH ON THE ' SOUTHEAST SIDE WOULD BE 9 PLUS OR MINUS FEET FROM THE SOUTHEAST SIDE LOT LINE (15 FEET BEING REQUIRED) . AUTHORIZATION IS REQUESTED UNDER ARTICLE XII, SECTION 54, TOWN OF ITHACA ZONING ORDINANCE. GRANTED — NO CONDITIONS APPEAL OF RICHARD M. ESHELMAN, APPELLANT, REQUESTING A SPECIAL 'PERMIT UNDER ARTICLE III, SECTION 4, PARAGRAPH 2B OF. THE TOWN OF ITHACA ZONING ORDINANCE FOR THE OCCUPANCY OF AN EXISTING SINGLE FAMILY'RESIDENCE BY 4 UNRELATED'PERSONS. SAID RESIDENCE IS LOCATED C AT 39.0 STONE QUARRY ROAD, . TOWN,OF' ITHACA TAX PARCEL NO. .;6-38-3-13, RESIDENCE DISTRICT R-9 . i ` DENIED. — .DENIAL STAYED 'UNTIL • I ' ' • -JUNE 30, 1992 WITH CONDITION APPEAL :OF WILLIAM B. KERRY, APPELLANT, REQUESTING A VARIANCE FROM : 'ARTICLE VII, SECTION 38, OF THE 'TOWN OF ITHACA ZONING ORDINANCE, TO • '. BE . PERMITTED TO; MAINTAIN 4 AUTOMOBILE PARRING',SPACES WITHIN AI REQUIRED FRONT 'YARD OF A BUSINESS—ZONED PROPERTY, LOCATED AT 702 ELMIRA ROAD', ,TOWN OF .ITHACA TAX PARCELS1NO. 6-33-2=6.21 AND —6.22, BUSINESS DISTRICT "Cu .': SAID ORDINANCE DOES NOT PERMIT PARKING IN ' 'THE REQUIRED FRONT YARD OF A BUSINESS—ZONED PROPERTY. • GRANTED - NO CONDITIONS APPEAL OF WILLIAM B. KERRY, APPELLANT, REQUESTING A VARIANCE FROM - TOWN OF ITHACA LOCAL LAW NO. 7-1988, AS AMENDED,, TO BE PERMITTED TO -- _ - _OCCUPY A._NEWLY=CONSTRUCTED,RETAIL_STORE__WITHOIIT—AN___OPERATIONAL AUTOMATIC FIRE SUPPRESSION SPRINKLER SYSTEM, LOCATED AT 702 ELMIRA ROAD, TOWN OF ITHACA TAX PARCELS NO. 6-33-2-6.21, AND —6.22, BUSINESS DISTRICT "C" . 'A 'SPRINKLER SYSTEM IS BEING INSTALLED, BUT . ' WILL NOT BE OPERATIONAL UNTIL A PUBLIC WATER SUPPLY IS AVAILABLE. A PUBLIC' WATER SUPPLY IS ANTICIPATED TO BE AVAILABLE BY DECEMBER 31, 1991. THE VARIANCE IS REQUESTED UNDER_ SECTION 9 OF SAID LOCAL LAW. GRANTED WITH UNDERSTANDING • OF HOOK—UP TO PUBLIC WATER AS SOON AS AVAILABLE Town of Ithaca • 3 Zoning Board of Appeals June 26, 1991 - The second-Appeal to` be heard by the Board was the following: - APPEAL OF RICHARD M. ESHELMAN,- APPELLANT, REQUESTING A SPECIAL PERMIT UNDER ARTICLE III, SECTION 4, PARAGRAPH 2B OF THE TOWN OF ITHACA ZONING ORDINANCE FOR THE OCCUPANCY OF AN EXISTING SINGLE FAMILY RESIDENCE BY 4 UNRELATED PERSONS. SAID RESIDENCE IS LOCATED AT 390 STONE QUARRY ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-38-3-13, RESIDENCE DISTRICT R-9. Chairman Austen advised Mr. Eshelman that his Appeal will need to be approved unanimously as there were only three Board members present. • Mr. Eshelman stated that he would just as soon get it over with rather than have to come back. Board member Pete Scala arrived at the meeting at 7 : 35 p.m. • Mr.' Eshelman explained to the Board that he is single; he owns -and lives in the house, and he feels that he should have the right to use it to its maximum extent. He said that the house has four bedrooms and generally there are only two other people besides himself living there. - • • Mr.".Eshelman stated that, financially; if• he does not:rent the rooms, he would not be able to afford to live in that particular ' house. ' Chairman Austen requested that a letter signed by Mr. Eshelman . and his renters, Robin Carubia, Andrew Plauletich,. and Peining Wang - be made a part of the Minutes . •The letter is attached as Exhibit #6. Chairman Austen asked about the parking situation at the property. _ -_ - Mr. Eshelman responded by showing Chairman Austen, on his copy of the plot plan, how they park their vehicles. - _ --- - - . - Chairman Austen opened the public hearing. Mr. Louis Hsu, 114 W. King Road, spoke to the Board regarding • the' danger of cars being parked along the road in the area in question. He also referred. to loud music in the area but he admitted that the music is not from Mr. Eshleman's . Mr. Hsu questioned the reasoning behind zoning when no one appears to go by it. 1 - Town of Ithaca 4 Zoning Board of Appeals June 26, 1991 - • Mr_ Peter Hillman, 370 Stone Quarry Road, submitted. a .note from Ms . Dorthea Kelsey, 379 Stone Quarry Road, dated 6/26/91 . The - note is-attached hereto as Exhibit #7 . Mr. Hillman also read from a paper from Daniel Booth, as he had to leave the meeting before this Appeal started. Mr. Booth's note read as follows : "I have no objection to non-traditonal families but two questions . Does a change at this time permanently change the nature of the property, in other words, if members of the household leave or if the . property is sold, does it automatically still .qualify as a non- traditional family residence? Number two, should there be_problems down the line because of its designation is there a mechanism for appeal by the neighbors; can it be changed back or revoked?" (Mr. Hillman did not leave the letter with the Chairman to be entered into the record) . - Town Attorney Barney stated that the answer to question number two is . no, and the answer ,to question number one is yes . Mr. Hillman, in sp_eaking for himself, stated that he and his wife have been very concerned about the quality of their neighborhood in regard to appearances and the parking of cars in • the area. • . Mr. Hillman,•` `for the record, stated .that he has absolutely . nothing against non-traditional families . - cMr. Frost stated that when he studied this application, it. • appeared that this would not be a non-traditional family issue but a special permit question.• Town Attorney Barney stated that this is an application fora greater than permitted occupancy in an R-9 zone. The criteria are . set out in Section 77, subdivision 7, subsections a'-f . Mr. Hillman stated that that_being the case, _the Thing_that is of the greatest disturbance to him, is the problem with lots of cars, the traffic problem and the appearance of the house to the neighborhood. Discussion followed regarding what constitutes the meaning of "family" . Chairman Austen closed the public hearing. - Chairman Austen referred to and read from Part III of the Environmental Assessment, which was signed by Assisant Town Planner George Frantz on 6/26/91 . The entire S/EAF is attached hereto as 3 Exhibit #8 . Town of Ithaca: • • 5 «; Zoning Board of. Appeals June 26, 1991 - - • • Environmental Assessment • By-Mc Robert Hines, seconded by Mr. Pete Scala: RESOLVED, that the Town of Ithaca Zoning Board of Appeals make and hereby does make a' negative declaration of environmental significance in the matter of Richard M. Eshelman's request for 'a Special Permit under Article III, Section. 4, Paragraph 2b, of the. Town of Ithaca Zoning Ordinance, for the occupancy of an existing single family residence by 4 unrelated persons - at a residence located at 390 Stone Quarry Road, for reasons ' as indicated by Assistant Town Planner Frantz . A vote on the Motion resulted as. follows : ' Ayes - Hines, Scala, Reuning, Austen. Nays - None. • The Motion was carried unanimously. • ' MOTION - By Mr: Robert Hines, seconded by Mrs . Joan Reuning:. • • • • . RESOLVED,,txh'at the Town. of. Ithaca Zoning Board of Appeals- deny;_•. 'and : her-eby--does- deny '.the request for a Special Permit as • applied for by. Mr. Eshelman--fort-the occupancy of the existing dwellingzat 390. Stone Quarry-Road-bT4 unrelated persons, ,and ' be it further • • RESOLVED, that the application- of that denial be stayed until • June 30, 19.92, pr earlier, 'if one pf .the present renters. ' vacate the premises, and~be it;further - RESOLVED, that the applicant_-be:_given._permission _for_the T__ . occupancy of the premises by no more than 3 unrelated persons, and be it further - - L__ _RESOLVED, _that the_followingennuition_be�net_:_ 1 . that all parking ofTall cars that are related to anyone residing in' this building shall be parked _ off the street. • • Town Attorney Barney stated, for . the record, that_ the intention of the resolution is that no more than 3 unrelated human beings shall reside in that building after June 30, 1992 . 'flit, Town of Ithaca 6 ;• Zoning Board of Appeals • June 26, 1991 • • • A vote. on the Motion resulted as follows: Ayes - Hines, Reuning-,- Austen;--Scala. - - - - ' Nays - None. • The Motion was carried unanimously. The next Appeal to be heard by the Board was the following: APPEAL OF WILLIAM B. KERRY, 'APPELLANT, REQUESTING A VARIANCE FROM ARTICLE VII, - SECTION 38, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO BE PERMITTED TO MAINTAIN 4 ,AUTOMOBILE PARKING SPACES WITHIN A REQUIRED FRONT YARD OF- A BUSINESS-ZONED PROPERTY, LOCATED . AT 702- ELMIRA ROAD, TOWN OF ITHACA TAX PARCELS NO. 6-33-2-6.21 AND -6.22, BUSINESS •DISTRICT "C" . SAID ORDINANCE DOES NOT PERMIT • PARKING. IN THE 'REQUIRED FRONT YARD OF -A--BUSINESS-ZONED PROPERTY. • - ' Mr. William B. Kerry spoke to the Board regarding the need for - - the parking and the reasons for the request. - Chairman Austen opened the public hearing. No one appeared to address the Board. Chairman Austen closed the public hearing. ' Chairman Austen referred to the Adopted Resolution from the, ,. Planning Board :meeting of .4/1.6/91, which is attached . hereto ase Exhibit #9 : • • MOTION , • By.Mrs . .Joan Reuning, seconded-by:Mr. Robert, Hines : • • • RESOLVED, that the Town .of Ithaca'. Zoning Board of Appeals grant and hereby does grant-. a- variance to maintain the 4 automobile parking spaces__within,. the front. yard of _thy - -- - property of- Mr. William B. Kerry; located-at- 702 Elmira Road; --- -- . with the following findings :. . - - 1 . that the alternative might be to have to remove• mature' -_ - trees from the, property: • - 2 . that due to the 'topography of the land it ' would be - . impractical to attempt to put the parking elsewhere. 3 . that no one appeared before the Board in opposition to . the proposal. _ . 0 28 MAY 91 • .r' DEAR BOARD MEMBERS, MY NAME IS RICHARD ESHELMAN; I OWN THE HOUSE LOCATED AT 390 STONE - • QUARRY ROAD. 1 SHARE THE HOUSE EQUITABLY WITH THREE OTHER PEOPLE AT A ' COST OF APPROXIMATELY $225/M0 PER PERSON. LIVING HERE TOGETHER PROVIDES AFFORDABLE HOUSING FOR EACH OF US. BESIDES MYSELF THERE IS ROBIN CARUBIA, A SELF EMPLOYED LANDSCAPER, ANDREW PAULETICH, A COMPUTER REPAIR TECHNICIAN,-AND -PEINING-WANG, A GRADUATE STUNDENT FROM SUNY ALBANY, WHO IS ONLY HERE WHEN WORKING AT WILSON LAB AS A GRADUATE STUDENT IN HIGH ENERGY PHYSICS. PEINING IS MARRIED AND SPENDS MOST OF HIS WEEKENDS IN ALBANY WITH HIS WIFE. • WE FEEL COMFORTABLE LIVING HERE TOGETHER. IN FACT MOST OF US ARE RARELY AROUND THE HOUSE EXCEPT TO SLEEP AT NIGHT SINCE WE ALL LEAD BUSY LIVES. WE DO NOT: HAVE "LOUD" PARTIES HERE: AS APPOSED. TO THE STUDENTS ACROSS THE STREET AND HAVE NEVER HAD ANY COMPLAINTS ABOUT STEREOS BEING TOO LOUD! ! , . • WE THEREFORE RESPECTFULLY SUBMIT A REQUEST FOR A .VARIANCE TO THE'ITHACA ZONING LAW ARTICLE III,. SECTION FOUR ALLOWING US TO REMAIN AT • 390, STONE QUARRY ROAD AS FOUR UNRELATED OCCUPANTS. • - RESPECTFULLY YOURS,__" - _ _ T • 1. RICHARD M. ESHELMAN — — SZe.44A4,..„. 2. ROBI ARUE? 3. 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ZI 4. .' ry,�.c1, r (Y L iI....4 >T 3 i. 1„ " �.e Z r\ ti • • • 'rf �I- I I I I 1 Town Assigned Project lD Number Rev. 10/9.0 Town of Ithaca Environmental Review - ~ a ' SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY ' - PART I Project Information (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor: e� • 2. Project Name: Ptchnc�. P- CSHE ImdfL 3. Precise Location(Street Address and Road Intersections,prominent landmarks, etc.or provide map): 3'3 0 STc>ly G Ouf;•?ai �k�, C At tn.,.- 1.2, . iCc-., s Sa,c Ou,aPRee Tax Parcel Number: 3 -3 - 13 4. Is Proposed Action: g NEW EXPANSION n MODIFICATION/ALTERATION 5. Describe Project Briefly (Include project purpose,present land use, current and future construction plans, and other - relevant items): rip(Roca a_5 l ilt ed E S-Inl\y get ;11aa,ic 21 Q w. �t �1 c thya e ?Quo g,eS cl ;p1 , in/ !• !Yf (Attach separate sheet(s) if necessary to adequately describe the proposed project.) • 6. Amount of Land Affected: Initially (0-5 yrs) Acres (6-10 yrs) - Acres (>10 yrs) Acres 7. How is the Land Zoned Presently? 2 Ci 8. Will proposed action comply with existing zoning or other existing land use restrictions?, YES El NO'® - if no, describe conflict br_ieflyr 30,0ge.1 ��: .char, P 9. Will'proposed action lead to a.request for new: Public Road? YES El NO2 , Public Water?,YES Ei NO a. Public Sewer? YESD. NO -13 What.is.the present land use in the vicinity.of.the proposed project?: Residential ----Commercial 1]Industrial E3 Agriculture •' > Park/Forest(Open Space Others Please describe: 11. Does proposed action involve a permit,approval,or funding;now or ultimately from any other governmental agency (Federal;State,-Local)? YES� NOE If yes-,list agency name and permit/approval/funding:- -_ - . 12. Does any aspect of the proposed action have a ourrentki valid permit or approval? YES 0 NO If yes,list agency name and permit/approval. Also,state whether that permit/approval will require-modification.— — • I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE _ t _Applicant/Sponsor Name (Print or Type): Isc-he.rc4 ---/(-l--C`-/ip litre rk. - -- Signature: ---//J f 44 �_ / Date: /V1+y 7/ 4 i `8 . raw I a - LW."Wan"I on- .aaacantras 11 o be oompleteg by the Town of Ithaoa; Use attachments as necessary) • A: Does proposed action exceed any Type I Threshold in 6 NYCRR,Part 617.12 or Town Environmental Local Law? YES 0 .NO E If yes,coordinate the review process and use the Full EAF. • B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6? YES 0 NO ® (If no; a negative declarationmay be superseded by another involved agency, if any.) C. Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible) CI—Existing air quality,surface or groundwater quality,noise levels, existing traffic patterns,solid waste production . and disposal,potential for.erosion,drainage or flooding problems? Explain briefly: SEE ATTACHED • C2. Aesthetic, agricultural, archaeological, historic,or other natural or cultural resources? Community or neighborhood character? Explain briefly: SEE ATTACHED . C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,unique natural areas, wetlands, or threatened or endangered species? Explain briefly: - - - -— SEE ATTACHED • C4. The Town's existing plans or goals as officially adopted,or a change in use-or intensity of use of land or other natural resources? Explain briefly: SEE ATTACHED CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: • "SEE ATTACHED C6. Long term,short term, cumulative,or other effects not identified in Cl- C5? Explain briefly : . SEE ATTACHED C C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: SJt ATTACHED • • . D. Is there, or is there likely to be,controversy related to potential-adverse-environmental impacts? l - . YES D NO El If yes, explain briefly: • E. Comments of staff ® CAC El, Other. ❑ attached. (Check applicable boxes) , . • PART III :— DETERMINATION OF SIGNIFICANCE'(To beeompleted by the Town of.Ithace) • ' • Instructions; For•each adverse effect identified above,determine whether it is substantial,large,important or otherwise ' significant. Each effect should be assessed in connection withits(a)setting(ie.urban or rural);(b)probability of occurring;(c) duration;(d)irreversibility;(e)geographic scope; and(O magnitude. If necessary,-add a`ttachmants-or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse- impacts have been identified and adequately addressed. - Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information-and analysis-above•and any-supporting-documentation,—• that the.proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach- ments as necessary,the reasons supporting this'determination. ' - . ----- ZONING BOARD OF APPEALS Name of Lead Agency repay is Signature If Brent from Responsible Officer) E %i . - Austen, Chairman : ^ffic in Lead A ncy Signature of Contributing Preparer • � 1%Y/ i .I1 f Ail- Date: /,ic - 7� 'Cara ure of Resp•nsible Officer in Lead Agency r - - .f ' r • PART II Environmental Assessment - Request for - Special -Permit _ • ' • under Art- III, Sect. 4 Para. 2b of the Town of Ithaca Zoning . Ordinance, 390 Stone Quarry Road. • A. Action is -Unlisted. ' . B. Action will not -receive coordinated review. C. Could action result in any adverse effects on, to or arising from the following: Cl . Existing air quality, surface or groundwater quality or quantity, noise levels , existing traffic patterns, solid waste Qroduction or disposal, potential for erosion,—drainage or ' flooding problems? None anticipated. Proposed action is the granting of a Special Permit to allow for the occupancy of an existing single family residence by 4 unrelated persons. No new construction- is proposed as a result of this action. No significant adverse impacts to 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 are anticipated as a result of the proposed, action. T C2 . Aesthetic, agricultural, archeological, historic, or ( 'a other natural :or-,cultural resources , ,ot community or neighborhood . character? • None' anticipated.: No aesthetic, agricultural, archeological,,--- historic or other natural or cultural. resources are known to exist on the site, - or expected to otherwise, be affected by• the proposed action. • . C3. Vegetation or fauna,' fish, shellfish or wildlife • .species. 'significant habitats, or -threatened or endangered • species? None are anticipated as a result of the proposed- action No' threatened or endangered plant species or animals, or significant habitats, are known to exist on the site. C4. 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? - None anticipated. - C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? _ ' ' - None anticipated. a �,�j r. . C6 . Long- term, short term, cumulative, or other effects not identified in C1-05? - • None anticipated. . • C7. Other impacts' ( including changes in use of either quantity or type of energy) ? --- - - - - -- None anticipated. D. Is there, or is there likely to be, controversy related to . potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. PART III • Based Qrr the information given above and the nature and relatively small' scale of' the activity for which a- Spe.cial Permit • is being requested, a negative determination of environmental - significance is recommended ' for this action. • • Lead Agency: Town of Ithaca Zoning' Board of- Appeals Reviewer: George R: Frantz, Assistant Town Planner J ,> . • Review Date: June ' 26, 1991 • • • • • •#' .. '. 1 .. • ,. . .• ' . •• •-, '3•"..0: - . ' v,.ili.--; .. 1 . .. ,i('-frfl , .I. • 0,: •, Mgt -or . ..0 . . ., ...r ,i44, -..-.5 • . ., . 4 ,.... . • • 't /IP% 7. •I - ,,, . ,, -,-.. ..- - %....,....,,,,, - - •!. . -- - • " ,' . • •it, -• ' • ---.4T 411144'•••.'--,...• ,' • I' ;, Ft- ..,, al , .‘ , .- - :4- • i• Aw . ,„. • •s•' ,- -''••• 'Y :.,4 .. -„,r. ,..„. ,t. -• •-••5.:. .,•• 7'n*".•,,• . -2;•-'''''•' ' .:-- - • •. .-. , -.T.- -e• -... • • ,ite•'. • ' , . lb . '' .' :• .' '4 .' ‘-. '''' l't'• 4 t.-... ..,• .3..?, s• ''-'77 4 . . 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