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HomeMy WebLinkAboutZBA History Combined (24) Zoning Board of Appeals History as of 27.-1-26.6 1319 Mecklenburg Rd Tax Parcels involved, with address if known 1319 Mecklenburg Rd 27.-1-26.6 with no subdivision or readdressing. Previous tax parcel number 27.-1-26.2 History: 2008 – Special Permission & Height for Radio Transmitter on Barn - Approved 2005 – Use Variance for Antique and Restoration business – Approved 10 yrs 2004 – Use Variance for a 5 unit for a B&B - Approved 2002 – Use Variance for Bed and Breakfast - Approved 2000 – Use Variance for Antique and Restoration business – Approved 5 yrs 1995 – Use Variance for Antique and Restoration business – Approved 5 yrs 1992 – Special Approval for 4 unit in 3 unit building - Approved 1990 – Use Variance for Antique and Restoration business – Approved 5 yrs 1980 – Sign Variance for City Lights Antiques - Approved 1979 – Special Permission for 4 Unit – Denied 1978 – Special Permission for Skytop Village to lease out space to various businesses – Adjourned never heard 1978 – Sign Variance for Varaxon Electronics – Approved 1977 – Special Permission for furniture stripping business – Approved 2 yrs 1976 - Special Permission for Auction House and Dance Hall – Approved 2 yrs 1975 – Special Permission for Auction House and Dance Hall – Approved 1 yr 1963 – Special Permission for a radio communication tower - Approved TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JULY 214 2008 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 Monday, July 21 , 2008 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P .M. , on the following matters: APPEAL of John H . Foote, Owner/Appellant, Dan Strawbridge, Strawbridge & Jahn Builders, Agent, requesting variances from the requirements of Chapter 270, Article IX, Section 270-71 (A), and Article XXV, Section 270-205 (A) of the Town of Ithaca Code, to be permitted to construct a 141 +/- square foot addition to a home located at 228 Forest Home Drive, Town of Ithaca Tax. Parcel No . 66-346, Medium Density Residential Zone. The proposed addition will encroach into the required 25 -foot front yard setback for structures in the (MDR) Zone. Additionally, the home is an existing non-conforming structure and the proposed addition/enlargement will increase the existing non-conformity. APPEAL of Thomas H . Canfield, Owner/Appellant, requesting Special Approval and variances from the requirements of Chapter 270, Article VI, Section 270-30(B) and 270-34(B)of the Town of Ithaca Code, to be permitted to maintain a second dwelling unit in an accessory building located at 195 & 197 Calkins Road, Town of Ithaca Tax Parcel No. 32-2- 13 , Agricultural Zone. The floor area of the second dwelling unit exceeds 50% of the floor area of the primary dwelling unit and the width of the parcel at the street line does not meet the 60- foot minimum required width. Both dwelling units have been in existence for at least 15 years (primary dwelling unit was built in 1940) . The Zoning Board granted a 15 year time-limited area variance in 1993 for the improvement of an accessory building into the second dwelling unit. That approval will expire in July 2008 . The Zoning Board may also need to determine whether the second dwelling is still considered an accessory building, meeting the intent of Section 270-30(B)(6), or whether a variance from that provision should also be granted. APPEAL of Brenda Prince, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VII, Section 270 47(C) and 270-48 of the Town of Ithaca Code, to be permitted to replace an existing one-story single family residence with a two-story single family residence located at 1106 East Shore Drive, Town of Ithaca Tax Parcel No . 19-2 -7, Lakefront Residential (LR) Zone. The proposed construction will utilize the building footprint of the existing home. The southwest corner of the existing/proposed residence encroaches into the 20 foot required side yard setback. The proposal also exceeds the 10% maximum allowable lot coverage for structures in the LR Zone. The Zoning Board of Appeals approved this proposal, with conditions, on August 16, 2004. However, the approval expired because a building permit had not been issued and work on the project had not commenced within 18 months of the granting of the approval . APPEAL of Mark & Karen Hartsukyer, Owners/Appellants, Ernie Bayles, Architect, Agent, requesting variances from the requirements of the Town of Ithaca Code, Chapter 270, Article VII, Sections 270-43 (A), 270-47(A), 270-47 (B) and 270-47(C), and 270-48 to be permitted to construct a permanent single family home located at 819 Taughannock Boulevard, Town of Ithaca Tax Parcel No . 25 -240, Lakefront Residential (LR) Zone. The proposed home will be constructed on an existing non-conforming lot (does not meet required lot area, lot width at street, lot width at setback, and lot depth) . The proposed home will encroach into the required 30-foot front yard setback, the required 50-foot rear yard setback, and the both of the required side yard setbacks for buildings in the LR Zone. The proposal will also exceed the 10% maximum allowable lot coverage, and will include vehicular parking that will encroach into the required 100-foot setback from the shoreline. Additional variances may be required. RE UEST of Marla Miller, Adjoining landowner, Charles Guttman, Agent, requesting an interpretation/ determination from the Zoning Board whether the current home occupation use of the property at 180 Calkins Road, Tax Parcel No . 33 -2 -3 . 1 , Low Density Residential (LDR) Zone, is in violation of Section 270- 219 . 2(A)(B)(E)(F)(G)(H)(I) and (J) of Town Code. The adjoining landowner asserts that the dock building home occupation use exceeds the 500 square foot maximum allowable floor area permitted for home occupation uses in a residential zone, there are more than four persons including the household resident involved in on-site business operations, there is exterior storage of materials and equipment associated with the business, there is offensive noise, dust and glare produced beyond the boundary line of the property conducting the business, there is traffic in greater volume than is expected in a residential neighborhood, the use is detrimental to the residential character of the lot and has had a significant negative impact on neighboring properties, and that business activities are not conducted wholly within the dwelling or accessory building on the property. APPEAL of Colleen Shuler, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VIII, Sections 270-56, -57, - 58 , and 270- 59 of the Town of Ithaca Code, to be permitted to install and maintain radio translator facilities on barns located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No . 284 -26 . 6, Agricultural Zone. The proposed radio facilities are not a permitted use in the Low Density Residential Zone. The proposed facilities, particularly the antennas, may also require height variances from the Zoning Board. 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 hearings. Jonathan Kanter, AICP Director of Planning 607-273 - 1747 Dated: July 11 , 2008 Published: July 14, 2008 i Zoning Board of Appeals Minutes of July 21 , 2008 Final ZB RESOLUTION NO, 2008-046: Request for Interpretation of Home Occupation at 180 Calkins Road MOTION made by Kirk Sigel, seconded by Dave Mountin. RESOLVED, that this board adjourns this appeal until such time as the board has a determination from the Code Enforcement Officer that the board can act upon. Vote on the motion resulted as follows: AYES: Sigel, Niefer, Mountin, Dixon. NAYS: Krantz. ABSTAIN: None . The motion was declared to be carried. Chairperson Sigel announced the next appeal . APPEAL of Colleen Shuler, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VIII , Sections 270-56 , -57 , -58, and 270-59 of the Town of Ithaca Code , to be permitted to install and maintain radio translator facilities on barns located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26. 6 , Agricultural Zone . The proposed radio facilities are not a permitted use in the Low Density Residential Zone . The proposed facilities , particularly the antennas , may also require height variances from the Zoning Board . Colleen Shuler, Evan Isenberg , and Jim Travis introduced themselves to the board . Chairperson Sigel discussed the strict criteria for the use variance . Chairperson Sigel asked what the rental is for the three antennae and the amount given was $ 6 , 300 . He asked why that amount made it a reasonable return . Mr. Isenberg related that the property was a derelict property very nearly condemned and it was many months behind in tax and mortgage . They took it over and made it viable . Ms . Shuler said that they do have a variance for a bed & breakfast which is going well , but just starting to show a profit. The property has been a money pit and the taxes have out-paced the profit and this income will help them keep it. There is intense competition for beds and no one is ever full anymore which was not expected . The antennae bring in much needed income and not having them would create a huge difficulty. The applicants stated that they have had no complaints about the antennas and apologized for having them installed without approval but they were unaware it was needed . There is no permanent structure so they were not aware one was needed . Mr. Niefer and Mr. Krantz thought they were very unobtrusive and there are no workers associated with them at all . Chairperson Sigel agreed that they do not have an impact , Page 30 of 33 Zoning Board of Appeals Minutes of July 21 , 2008 Final yet the use is not allowed and the applicant has not met the letter of the law in showing that they can not realize a reasonable return using allowed uses of the property. Mr. Krantz disagreed . The applicants have stated that they can barely afford the property and. have tried different uses . Mr. Isenberg stated they have sunk every penny in to it and the physical features of the property lend itself to this use . Ms . Brock asked if there was anything specific to their property that made it harder for them to realize a return from their property as opposed to their neighbors . Mr. Isenberg responded that there was because of the condition of the buildings on the property. The property has always lent it self to commercial uses . Discussion ensued between the Board and Ms . Brock to discern what the law would allow. The issue was the applicants need to show that they can not realize a reasonable return using any of the allowed uses . They did not have financials or other proof that they could not. Chairperson Sigel opened the public hearing at 12 : 04 a . m . Ms . Susan Johnston addressed the Board and explained the timeline and background of how this. all came about. The three existing antennae were already there . She had a letter from the FCC stating that this additional one would be in the public interest because it would be the broadcasting point for the Emergency Broadcast System . Mr. Travis stated there were at least 8 translators in Ithaca now and Ithaca is a very, very hard area to put radio signal into . It is very difficult for one tower to send to Ithaca because of the topography. Mr. Niefer commented that an antenna was allowed to be on a water tank just up the road from him and he can't see it should be denied . Ms . Brock explained that it was a different set of criteria that needed to be met for that. Chairperson Sigel closed the public hearing at 12 : 12 a . m . Chairperson Sigel stated there was SEQR review for the application and asked staff for comments . Mr. Kanter said there are no environmental issues . There was discussion about the effect of approving the use variance . Ms . Brock explained that the Board would be approving the use not just the three existing antennae . The new use would go with the property in perpetuity and they could have as many antennae as they wanted as long as they met the code setbacks and other requirements. Chairperson Sigel moved to make a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town staff. ZB RESOLUITON NO. 2008-047: Environmental Assessment, Colleen Shuler, 1319 Mecklenburg Rd, Tax Parcel No. 28. 446. 6 Page 31 of 33 r Zoning Board of Appeals Minutes of July 21 , 2008 Final MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, in regard to the appeal of Colleen Shuler, that this board makes a negative determination of environmental significance for the reasons stated in the Part ll Environmental Assessment Form prepared by Town Staff. Vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin, Dixon. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. Mr. Krantz moved to grant the appeal of Colleen Shuler with the conditions that .the proposed facilities shall be no more than 43 feet in height , there be no more than four of them , and finding that all requirements of a use variance had been met ( specifically listing how each criterion was met . ZB RESOLUTION NO. 2008=048: Use Variance — Install and Maintain Radio Translator Facilities, Colleen Shuler, 1319 Mecklenburg Rd, Tax Parcel No 28, = 1W 26a6 MOTION made by Ron Krantz, seconded by James Niefer. RESOLVED, in the appeal of Colleen Shuler, owner/appellant, that the Zoning Board of Appeals grant the variance from the requirements of Chapter 270, Article Vlll, Sections 270-56, -57, -58, and 270-59 of the Town of Ithaca Code so that she is permitted to install and maintain radio translator facilities located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 28. - 1 -26. 6, Agricultural Zone, Conditions: 1 . The proposed facilities shall be no more than 43 feet in height, and 2. There will be no more than four of them. Findings: The use variance is satisfied: 1 . They cannot realize a reasonable return, substantial as shown as by competent financial evidence. They have shown by their testimony that the income from these radio translators is essential for them to be able to exist, Page 32 of 33 M Message Page 1 of 3 Kristie Rice ` , r� �+ From : Kristie Rice [KRice @town . ithaca . ny . us] Sent : Tuesday, July 22 , 2008 1 : 39 PM To : 'colleen @theinnatcitylights . com' Cc: 'JKanter @town . ithaca . ny . us' Subject : RE : town meeting last night: city lights I did receive a phone call from Susan Johnston this morning regarding the approval last night. I will still provide her the information she has requested as it is public information ; however, any applications for new transmitters would clearly require the owner' s permission . Thank you for clarifying that you do not intend to pursue the additional antennae . I was planning to call as I do need to discuss the next step with you for the existing antennae. Please call me at your earliest convenience so we can go over the remaining steps for the transmitter to me legal . Kristie Rice Kristie Rice Senior Code Enforcement Officer Town of Ithaca 215 North Tioga Street Ithaca , NY 14850 607 . 273 . 1783 krice @town . ithaca . ny . us From : Colleen Shuler [mailto : colleen @theinnatcitylights.com] Sent: Tuesday, July 22, 2008 1 : 17 PM To: krice @town . ithaca . ny . us Subject : town meeting last night: city lights hi kristie, thank you for your attention here. RE.- susan johnston.• 7/22/2008 a r Message Page 2 of 3 My husband and myself had an informal agreement (with susan Johnston) (in early 2008) involving the idea for a potential Ithaca location of a WHCU radio transponder. We wanted to present to the town board the proper plans and intentions for the project. . . and i had ernestly said to Ms. Johnston that "when she was ready to present her plans to the board, we would present the plans together . . spearheading the project with all the required paperwork. But, she went ahead, as you know, without us, without any notification that they were ready to present their plans. . . and sought out the board's approval even before WE had seen the final plans. So, when she got a stern response from the board recently, and we recieved the notice of code violations, SHE immediately called off the agreement, and concurrently, we backed out on the idea, anyway. Thus, the prior agreement was null and void, for obvious reasons. They will have to find an alternate site to transmit their signals. So, with all due respect to Ms. Johnston and WHCU, Cayuga Radio Group, we are not pursuing THESE plans with them at this time; potentially, an agreement with them could have a fair market value for us, but, we are (obviously) stopping ALL PLANS, until such time that we are ready to present to the board any plans of any kind for any reason. (We have, especially NOW, no intentions or desire to put up any more antennas, despite the numerous requests.) We also wish to thank the town board and the town representatives for their patient review of our much needed use variance requested for the existing antennas. Thank you again for your time. Most sincerely, Colleen Shuler & Evan Eisenberg City Lights Bed & Breakfast 1319 Mecklenburg Rd . Ithaca , NY 14850 www. theinnatcitylights .com colleen @theinnatcitylights . com 607-227-3003 7/22/2008 Zoning Board of Appeals Minutes of July 21 , 2008 Final 2. The alleged hardship is unique and does not apply to substantial portions of the district or neighborhood. This area is surrounded by farmland and apartments and this is the only bed and breakfast in the area, 3. The requested variance will not alter the essential character of the neighborhood, which will remain virtually unchanged from the way it's been for many decades, and 4. The alleged hardship has not been self-created and when they bought the property 6 years ago they were not aware of the many great amount of work that will be required to maintain it. Vote on the motion resulted as follows: AYES: Krantz, Niefer, Mountin. NAYS: Sigel, Dixon. ABSTAIN: None. The motion was declared to be carried. Mr. Kanter explained to the Board the Town ' s reorganization of the Planning , Zoning and Codes departments . Motion to adjourn at 12 : 23 a . m . KIRK S IGEL , MTAIRPERSON 14A; CARRIE COATES . WHITMORE , FIRST DEPUTY .TOWN CLERK Page 33 of 33 FILE DATE ADOPTED RESOLUTION ZB RESOLUITON NO . 2008-047 Environmental Assessment Colleen Shuler 1319 Mecklenburg Rd Tax Parcel No . 28 . = 1 -26 . 6 July 21 , 2008 MOTION made by Kirk Sigel , seconded by Ronald Krantz. RESOLVED , in regard to the appeal of Colleen Shuler, that this board makes a negative determination of environmental significance for the reasons stated in the Part II Environmental Assessment Form prepared by Town Staff. Vote on the motion resulted as follows : AYES : Sigel , Krantz, Niefer, Mountin , Dixon . NAYS : None . ABSTAIN : None . The motion was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 21St day of July 2008 . First Deputy wn Clerk Town of Ithaca ;= ILE ) ATE ADOPTED RESOLUTION ZB RESOLUTION NO . 2008-048 Use Variance — Install and Maintain Radio Translator Facilities Colleen Shuler 1319 Mecklenburg Rd Tax Parcel No . 28 . - 1 -26 . 6 July 21 , 2008 MOTION made by Ron Krantz , seconded by James Niefer. RESOLVED , in the appeal of Colleen Shuler, owner/appellant , that the Zoning Board of Appeals grant the variance from the requirements of Chapter 270 , Article VIII , Sections 270-56 , -57 , -58 , and 270 -59 of the Town of Ithaca Code so that she is permitted to install and maintain radio translator facilities located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28 . - 1 -26 . 6 , Agricultural Zone . Conditions : 1 . The proposed facilities shall be no more than 43 feet in height , and 2 . There will be no more than four of them . Findings : The use variance is satisfied : 1 . They cannot realize a reasonable return , substantial as shown as by competent financial evidence . They have shown by their testimony that the income from these radio translators is essential for them to be able to exist , 2 . The alleged hardship is unique and does not apply to substantial portions of the district or neighborhood . This area is surrounded by farmland and apartments and this is the only bed and breakfast in the area , 3 . The requested variance will not alter the essential character of the neighborhood , which will remain virtually unchanged from the way it' s been for many decades , and 4 . The alleged hardship has not been self-created and when they bought the property 6 years ago they were not aware of the many great amount of work that will be required to maintain it . ZB RESOLUTION NO . 2008-048 PAGE 2 Vote on the motion resulted as follows : AYES : Krantz, Niefer, Mountin . NAYS : Sigel , Dixon . ABSTAIN : None . The motion was declared to be carried . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA : I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 21 " day of July 2008 . First Deputy To - n Clerk Town of Ithaca 1319 Mecklenburg Rd : Radio Antennae PART III - DETERMINATION OF SIGNIFICANCE Instructions : For each adverse effect identified above, detennine 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 material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address . Check here 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 . —X--Check here 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 . Town of Ithaca Zoning Board of Appeals � se=::�, Name of Lead Agency Preparer' s Signature( f different from Responsible Officer) 1 Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency Signature of Contributing reparer DATE : Signature of Responsible Officer in Lead Agency � OFIT9 F 9v TOWN OF ITHACA 18 21 41 � �4 215 N . Tioga Street, ITHACA , N . Y . 14850 TOWN CLERK 273 - 1721 HIGHWAY ( Roads, Parks, Trails, Water&Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX ( 607 ) 273- 1704 PLANNING DEPARTMENT MEMORANDUM To : Zoning Board Members From : Christine Balestra, Planner Darby Kiley, Plannefoo1 Date : July 11 , 2008 RE : 1319 Mecklenburg Road — Use Variance and Height Variance Enclosed please find materials related to the proposed use and height variances at 1319 Mecklenburg Road, Tax Parcel No . 28 . - 1 -26 . 6 , Low Density Residential ( LDR) Zone. The application includes the installation and maintenance of radio translator facilities, which are not a permitted use in the LDR Zone. The overall height of the antennas may also exceed the maximum height allowed in the Town Code. The proposed overall height of at least two of the existing radio antennas is 42+/- feet tall, where the Town Code specifies a 36-foot height limit at the lowest exterior grade and 38 -foot limit at the lowest interior grade for buildings in the LDR Zone and a height limit of 30 feet for structures other than buildings. The appellants have been renting space on their property to two radio broadcasters since 2005 and to a third starting in 2003 . They assert that they did not seek building permits or use variances to install and operate the facilities because they were told by both the radio companies and their attorney that no pen-nits were required (other that FCC permits) . According to the enclosed letter from Town Code Enforcement staff, the violations recently came to the attention of staff when the town received a complaint that there were three radio facilities located on the property. Town Code prohibits the radio facility use in the LDR Zone. UThe appellants are therefore appealing to the Zoning Board for a use variance to continue operation of the existing radio facilities and to potentially add an additional radio antenna to the existing group . The appellants currently have four radio antennas on their property, although the complaint mentioned above and the appellant's application materials reference the existence of three radio facilities. According to the application submission, two of the existing antennas are operated by one radio broadcaster, Ithaca Community Radio . These antennas, one for transmitting and one for receiving, are located on a small barn on the property ( see the enclosed staff-prepared photos and picture "A " of the appellant's materials) . These antennas appear to comply with the maximum permitted height allowed by Town Code, which specifies "no building shall exceed . . . 36 feet in height from the lowest exterior grade or 38 feet in height from the lowest interior grade, whichever is lower. " Rooftop antennas on buildings are exempt from the height restriction . The remaining two antennas, located on a larger barn on the property (again , see staff photos and pictures " B " and " C " of the appellant's materials), are operated by two separate radio broadcasters, FMX Broadcasting and Family Life Ministries . These antennas , according to the application materials, are 42+/- feet tall , although staff is uncertain from where the 42-foot tall height is measured . The appellants are therefore seeking height variances for the remaining two antennas, along with any use variances for the radio facility use. The appellants, in their application materials, indicate a request to add "potentially one more radio antenna, " however they did not include details such as proposed location and height of this additional antenna. The ZBA should have this information to adequately assess potential impacts of the proposed antenna on the surrounding area if the Board is inclined to pursue the variances. The ZBA typically reviews and considers area variances , which require a balancing test of five criteria and the weighing of whether the benefit to the appellant outweighs any detriment to the health, safety, and welfare of the community. A use variance, however, is not a balancing test of criteria. The appellant for a use variance must demonstrate to the Board unnecessary hardship and such demonstration must include ALL of the following four criteria for each and every permitted use : a) without the use variance, the appellant cannot realize a reasonable return on their property. The lack of return must be substantial and include financial evidence. b) the alleged hardship relating to the property is unique and does not apply to a substantial portion of the neighborhood . c) the requested use variance will not alter the essential character of the neighborhood. d) the alleged hardship has not been self- created . The Zoning Board should therefore carefully consider the use variance criteria in their review of this proposal , along with any potential precedent-setting implications associated with granting a use variance. If the Board decides to grant the use variance for the proposal , it should grant the minimum variance necessary and may impose any reasonable conditions of approval . According to 6 NYCRR 617 (State Environmental Quality Review Law) , the requested use variances are considered Unlisted Actions, thus requiring environmental review and determination by the Zoning Board . Among the attached materials, your packets include an applicant-submitted Short Environmental Assessment Form Part 1 and a staff-prepared Part II to assist in the review of any potential environmental impacts of the proposal . Please contact Darby Kiley or me by phone at 273 - 1747 or by email at dkileygtown . ithaca. ny. us or cbalestra a,town. ithaca . ny. us with any questions you may have regarding this proposal . Att. TOWN OF ITHACA .. 215 N . Tioga Street, ITHACA, N . Y. 14850 E 6u�� I g 2008 1 . TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDING AND ZONING 273- 1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273-1656 - - FAX (607) 273-1704 � � { ` `^ Zoning Board of Appeals Application For SUBMIT THIS ONLY AFTER: ( 1 ) APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETERMINATION /DENIAL FROM CODE ENFORCEMENT STAFF OR (2) REFERRAL FROM PLANNING BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW . ZBA Appearance Fee: $100 For Office Use' Only For Office Use Ogly Property is located within or adjacent to: Date Received Please check all that apply : Area Variance County Ag District Cash or Check No. Use Variance UNA Zoning District Sign Variance CEA Applicable Section(s) of Town Code: Sprinkler Variance Forest Home Historic District Special Approval State Park/another municipality The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to Co (\ +irn0e . +u re w--% -t space +o Ahree. e.<, sf N q C%.^ rat po4-ern + ` v% 1I I ncc rp rad : O at 13 °t 1 1 eC K 1k "` (' `'" K6 . 136, Town of Ithaca Tax Parcel No. a n ^ n a . as shown on the accompanying application and/or plans or other supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any additional sheets as necessary): ah2s � o,rv1-2.rNnCA. � rD .f 1 CA e_ rn �,, ck nee.vle.J � . cc -, � -1- o c.or. +.v. � e repo ✓ct1 ,� . 5 re�c. .r �y n t_v . t ; : . , e fJ� l�C ems - ( �' tJr r� `Z; .°l ' '1 Cnn i 'n .r� a, v i� r I .� n C ct 0, S-e $ P Y-CeAr I �S c, Ix V-U I t-r - xA5 . a;rl C� :,. C' •-c.0 s C o T I- 5 Q ,�� r 'n 0 v /� u C�o(Cr,, Vn C dm 2. �-e�.�. �_.( . r 4' .n o r1- c, I . A. ( 5 o ci (: ✓� a ,.� t•. 4--f- ( S �. d } I ��� +- 5 .� tip c : I - v c r\ct C = G. 1 7 v Q�r j cc rh P-27-; -t•;V 2 �L t ..A By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. Signature of Owner/Appellant: C ALa, 9L. — Date: Signature of Appellant/Agent: Date: Print Name Here: l _ ,0o e e,�, Home/Cell Telephone Number: (a 0 - Z Z 7 " 3 UU 3 Work Telephone Number : NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will u.1C. . Your attendance at the meeting is strongly advised. Revised 4- 12-08 1319 Mecklenburg Rd: Radio Antennae PART II - ENVIRONMENTAL ASSESSMENT A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review Rrocess and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO.2L If no, a negative declaration may be superseded by another involved agency, if any. C . Could proposed action result in any adverse effects associated with the following, C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems ? None Anticipated. C2 . Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources ? Community or Neighborhood character? None anticipated . The antennas are not substantially different from residential television antennae and are not out of character with the surrounding community or neighborhood. The antennas cannot be seen from the road, and although may be seen from some neighboring properties, are not significant enough in size to create significant overall negative aesthetic impacts. C3 . Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? None Anticipated , C4. The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources ? Radio translator facilities are not an allowed use in the Low Density Residential Zone. The appellants therefore require a use variance to continue operation of the radio facilities . The proposed use, although not permitted, is ancillary to the primary use of the property as a bed and breakfast inn, and does not appear to significantly change or increase the intensity of the overall use of the property. The appellants will also require height variances for two of the existing radio antennae. Two of the antennae appear to comply with the maximum permitted height allowed by Town Code, which specifies "no structure other than a building shall be erected , altered or extended to exceed 30 feet in height . " However, two of the antennas are at least 42 -feet tall , exceeding the maximum permitted height limit allowed in the Low Density Residential Zone, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? None Anticipated , C6. Long term, short term, cumulative, or other effects not identified in C1 -059 The Zoning Board should carefully consider the use variance criteria in their review of this proposal, along with any potential precedent-setting implications associated with granting a use variance . 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 ? YES NOX If yes, explain briefly : E. Comments of staff CB other attached. (Check as a licable.) i Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION o be completed by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name RGGI : o S1-c� -t : o L3 , c 4"ccl 4- + 3lck •'Heckle 6 °ry e0l 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) 13 19 fey\ e L� K \ e. ., Tax Parcel Number: b 4. Is proposed action : NEW? EXPANSION? MODIFICATION/ALTERATION? x 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): i n 2 u y C jZ C LIV i ✓� s I c�( 11�� 3 10 .�+ .mac. oL : o J ra• s I ct J°o r S o n 0 \1-r P ^� I� -ar +o h %Uca c c� S +- f-6-44k ,--v S Attach separate sheet(sl ;4* -- S�� tescribe the proposed project. 6. Amount of land affected: Initial) 0-5 rs Z ( Acrec " LL iLN� 7. How is land zoned press 1� l� I ' "" Lo�w" T)ekk 5 - 1`-` /! y v✓�� -S e #1 r, t 8. Will proposed action con (� -fictions? Yes NO x If no, desA O Q/� l a ( 2� z 5 �a c 1 �� I� a 9. Will proposed action lead t Public Road? YES NO er? YES NO 10. What is the present land us L !_ Commercial Industrial Agriculture _ � � �) G d v S 4C.Please Describe: b \ 11 . Does proposed action involve :, my other governmental agency (Federal, State, Local?) YES If yes, list agency name and permit 12. Does any aspect of the proposed a .,.Stay valid permit or approval? YES NOX' If yes, list agency name and permit/ap .... Also, state whether it will require modification. 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: Applicant/Sponsor Name (Print or Type): ColtP2. � Signature and Date: Revised 4-12-08 Town of Ithaca Planning Department 215 North Tioga Street Ithaca, New York 14850 (607) 2734747 AGRICULTURAL DATA STATEMENT In accordance with Section 283 -a of the New York State Town Law, the Town of Ithaca will use the data in this statement to assist in evaluating the impacts of proposed development projects on farm operations in Agricultural Districts. 1 . Name of Applicant: Co ( ( e e n S ON y l e / Address : M e c' 1< OZCJ 2 . ProjectName/Location : 3 . Description of proposed project: 1 o �,Q Cr C-+ ( C� iS Ce-d �vN 'zUU 3 a .More 0S7 4 . Tax Parcel Number(s) : C;) - 2 to (o 5 . Number of total acres involved with project: L 6 . Number of total acres presently in Tax Parcel : -7 - 7. How much of the site is currently farmed? C) Acres 8 . Please identify who is farming the site: N I A 9. Please indicate what your intentions are for use of the remainder of the property, over: Five years : e d Ten years: Twenty years: 10. Who will maintain the remainder of the property not being used for this development? C) w e r 5 11 . Please indicate crop(s) or vegetation cover for the site: 1 a � n � 0 ( �( %.AJ-00 C�- S Revised 4-12-08 12 . Are there any drainage ways or underground tile systems located on the site? n o Will this project alter existing drainage patterns? .n 0 If yes, please describe: 13 . Is the parcel included in a farm plan prepared by the Tompkins County Soil and Water District of the USDA Soil Conservation Service? n '0 Are federally funded cost sharing practices in place for the parcel? n O Name of program(s) : 14. Is the parcel currently granted an agricultural tax exemption? Yes x No Signature of Applicant: Cc�U -- S Date: 8 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FOR TOWN USE ONLY : NOTE : This form and a map of the parcel(s) should be mailed to County Planning as part of the GML in and n referral. It should also be mailed to property owners within 500 feet of the property boundary along with the Notice of Public Hearing (Attach list of property owners within 500 feet). Name of Staff Person - Date Referred to County Planning - Revised 4- 12-08 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - (to be completed by Applicant) Applicant: CC l l e z S h i t 42--T N `f 4S- S "d Address of Property Concerning Appeal : i 3 rq ✓ I e. L K k � b vY � 2 6( Tax Map No. : 2. $ - 1 . Z. U . TEST: No area variance will be granted without a consideration by the Board of the following factors : 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes No?C Reasons : r r\ o ��-.� ) ��. t w� � jv cif .s � rUvr� �. •�,•. c ru �.. r -f-,• � � _ •O L`� 2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No X Reasons: V• e S C S s re. ;.r; r c L (T,r+- U-V - .l- C� > %A. tN rrll• ^"L� 9 YtovnG r� vc c- 4. . el�s . ci C /J•Q'' T�-"Xe S c C O s �S 3 . Whether the requested variance is substantial : Yes No .x Reasons : 6, 2 c� +� i �. rGt c I . • v` G ✓. .9 vv w �9 h� ✓ S y✓ CrVy ✓^2 i r t. cwt 4 . Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No >e Reasons : see - 3 S w� -✓ nil -1+66 C-- LX d Gl ,Z- � S 5 . Whether the alleged difficulty was self-created : Yes No x-� Reasons : w ,,✓2r e �. (_ a al 0. r. 4 sS i- r e d ✓'v k 0 i-'kc' f- r- C& � Revised 4- 12-08c 00 1 I � 1 4� coN I - 1 cn 30 2 s �' 1 I co i I ear) I 248 s � U 139 s 1 Q i !- Tft% 0 $ — 1 ` io a 1 ° I 684 s I I � N I N I N o ' 1 - R Ott, Q i` o � � WESTHAVEN RD CD 'VIT A" - LbMFER LA, a:,f 5,.; ..-�Wit:•. If ; - q W W a � NCh po CD � Duo N O Lc OD(Q � 0 O 1w a O Cc 0 ro CL ro 1319 Mecklenburg Rd; Staff Site visit 7/11/08 ZBA July 21, 2008 Ithaca Community Radio receiving antenna(green) and transmission antenna(yellow, 23 +/- feet tall) [Labeled A in appellant's materials] Picture taken from south of property i • � I Two antennae on corn crib barn,42 +/- feet tall (Circled in blue; Labeled B and C in materials). Picture taken from south of property Site Location for 1319 Mecklenburg Road R I 't _C KL BURG . RD _ i r v `w 1 ' r ; i r _ y S ITHACA COMMUNITY_RADIO,INC. W201CD C/o Garvey Schubert Barer 1000 Potomac Street, N.w., 5th Floor Washington, DC 20007-3501 Phone: 202-965-78800 E-Mail: 'erigier@g-�blaw.com Licensee Site Location: 42-26-49 N 76-32-15 W(NAD 27) Site Location: 42-26-49.3 N 76-32-13.8 W(Converted to NAD 83) Effective Radiated Power: 0.245 kW Antenna Center HAAT: 0 m Antenna Center AMSL: 324 m Antenna Center HAG: 7 m Frequency: 88.1 J R y OTJ b tri tz .n C�04 F° u coo ° � od • 00 A P LJ oho .fl N F� CD A o N 0-0 P F; F; �. rr �p ►t "s K N N < rx I y� + y � Q' NN � Y�? rA > 1 (F Di � � 0 Z 0 � z � Y CD Woo w NN x � o � ozz � ❑ w � Y cro Obi tr1 Y N N � rL ON N r" 000 000 Nom-. owo W G1 00 �' 00 ON w N `� lJ tz �+ < `y 00, O G d d C (9 �o a .. o z w Tompk ns-Acounty ` $ - JUN 2 6 2008 ! A TA DEPAg$? lRTlVi=ENT �=ppF PLANNING i 1A t h 12 1 last Court Street ��� - Jl . r lTH ,7 4 aaca-,N61!zM? 'L 4850 tliitL� � �a � /zC� t: - Edward C. Marx, AICP :r Commissioner of Planning "kt, ' Telephone (607) 274-5560 and Public Works Fax (607) 274-5578 June 24, 2008 Mr. Jonathan Kanter, Director of Planning Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re . Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Area and Use Variance, 1319 Mecklenburg Road, Tax Parcel #28.-1-26.6, Colleen Shuler, Applicant Dear Mr. Kanter: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 -1 and -m of the New York State General Municipal Law, The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter- community, or county-wide impacts . Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C . Marx, AICP Commissioner of Planning and Public Works Tnc(usion tfirougfii {Diversity e USE VARIANCE CRITERIA - (Completed by Applicant) Applicant* � It r Appeal Concerns Property at the following address : 3l A4 Eck6d 9 (r . Tax Map Number : '� Z C n is � ! } oull I LUUU I. ... i TEST: No use variance will be granted without a sho •ng~byAlm-appellant at applicable zoning regulations and restrictions have s ` _hneecsNpry hardships The following tests must be met for each and every use allowed by zoning on the property, including any uses allowed by special permit. 1 . The appellant cannot realize a reasonable return, as shown by competent financial evidence. The lack of return must be substantial : Yeses_ No of { C ti f ' ' vim 0G f V� {sYi 1 Proof: ` 71 k 1 +� �' �1�2 D� A- lllustratrons ofF°financial' 11(( C V'�� 1 ev�cience � , . � r Cm SB �o sle .far, ` �rapeygy, J ,[E�INr,,,`r,W s �' £ .* 4 f i 3rih ' KZ o �� recent vat"ieof propert ;¢ _ • #- .[� lift expenses n1/ (faSESenta. -is t " rte_ � � �r ; +l �� agreements ,� 'q,, .� i4� .'s�333SYk57"i�tit`z5� 41 e t IR N%� ,- =*�iCvnuerosRJficosts&{f 3 DO �'''' z per� �tted use)z y r � .: " � Realtor,t .statement'o t il �fiy. ,to rentorse�l � � ' � `. .. a k 1 N C �- ! 0 � (C 4-0o CcSh;771 2 . The alleged hardship relating to the property is unique (the hardship may not apply to a substantial portion of the zoning district or neighborhood) : Yes No It Proof: Illustrations of elli% ' �_ . . " II ' r a 5ik7 ,. II I� , w`I ' r , r{ ��� • uniqueness �� ,, 4�ti Of , ' ✓ p *T 0bgrapphic/phys�ca`I , } % featUres .pre'V' 11 °' P I I. � development- r a ' 46 Liz, V perm ittedl use `" i fw , +rN * Why would it a r possible to construct the , " Al Jr� � [p��� i appellant's pr - ,Ao f ,but � not any of the perm teed .+ uses' a d �'� * ' ZBA m_ ember " " L;' I I;, ,k. observations of site and ' IV 1Vt#4#1 � S r {p/ � J surr'oundirig area WIMA ���o j� l 1 3 . The requested use variance, if granted, will not alter the essential character of the neighborhood : Yes No --�- Proof, -cc, A75 lOJ V, Illustrations of 4f2e wVW i � JV 4;� Q, r . _ w2 AA ,.6�t� Vp d' Ll J' ' r f 47rlJdvA-5 "neighborhood character" factors 4pu 1 ' N � l� * ZBA member C b observations of, neighborhood h Jj :! iCwr �C'I A5 r q ke <Atl4q xpected effect of 0 HIFLtj � . 3 15 j 1,,t r x 9 ' � r� c� Gdovp proposaE .on A _ ' r Q r �.'1- r aTC C� A.�- (yL QgfJ . ' C�VCt+- neighborF ood (for` Z, V` oS � wac�2 " - �� g dh w 2 S exampled change in ltf} 4p P _ s crs v� ce"III t' [ � g %J parking pattern s ,. . O)� �/I�/ly'• It s-- ' y+ �[�) .uc�� - -r W -�� t� 't � - increased noise: leve,ls,, ;. d 11 • alighting; traffic , z _ 11 In �_ Ap 4 . The alleged difficulty has been self-created: Yes No dC Proof ;q��w � sa x �y p t "Se'if ° reatecJfactors ` to SZ,Whtwere�thel J. \ 1 permittedF' uses tthe E , ime, the, propert�y�was �, , i CI cti r t= - ` a prchasedpby�the Ir' _ �/ .+ �'.�lkyiapftl nii�i+.'�- 1 + .gd' .: y ' 1•af [1-v . r1 cam- appe{l. lant? X14 aA �"y�..'Z AAr'II Werelsubstant�alsums� c/ cl G/� u ,���_ . ; , spepfi1P nprem�ogde I g for Lee ; fir J t d o- ausen permitted b: p i ¢iesq MINN. 16h Fn g� ��' -":' � ` a s rte?' „' e '{ r is't * �Ilasthepropertyf areceiveduthro�ugh qir�heritaneeco �rtorder �; Y hf U'IVOrce 3 . The requested use variance, if granted, will not alter the essential character of the neighborhood: Yes No Proof: _ ULL t rz '1A 71,1VA75 IN 1) 5E Illustrations of 4V(-� A Vtn - 11VAI IAtgl e. , qtc-f-t C -�` , V .- I.,00a% � I K " A-JT( 2d vA-5 "neighborhood c 011 ival ' character" factors: i vw I - ne -me ZBA member L � c 6 tLCI` 5 V observations of neighborhood �Gi�u c1Z 76 r w e tce * Expected effect of J 44 ` }C gL" 774—L proposal on L-T r 0 ar= oC,.P qad ,S. W30A frJ neighborhood (for Z � O w EV s - wicop, is AIIIIIII a FOC IIa CU S 6 C� example , change in tto 42 yr . � t rs v� C�c�►L icy �, /J ° parking patterns , oi' 1 -Ns tT 0 ( k tzj increased noise levels , + R ^^ `'� trcwrf � � �- '�� 9 t - lighting, traffic, etc . )all t,J IJ.1fAZ°}°L 0000 A j j,Ji`✓e4—s Cu "T L ` � — , 4. The alleged difficulty has been self-created: Yes No Proof: G' V�� �6'�e � ; tea, r M` � L "Se1f31C`rea ed" factors:} � �'� LY. � uhi *AWhat ere ttie' py J y� !A1 � .. T)."� \ lc�-I-S _ �permlttdg' 1"11 } z• ti 'IWO ' a _ ; 9 i�t •property as { rLz ere}substantial sums °kspe t on re odeUng for (ice_ 0 �'L ``��' '" , �- � t: ?f mg- h2 a? use�In'�t� permitte� b?y ; +31�i r`.P; n Gnu }d t—� c�-� zoning? ` ', �� r il �'t * .w th;e roperty M ► � >c' " • �re�cre,� i�"u�e� tfirough' ���f � 2, r'Ua x mhent nce, court rder �/ di,orce 'et�? air: w W� oG� c7 � r' f� Cc�►'L�`� C Q2c' IP7 3�P12iv 11A C 6-1-1 L L c — w Cb a-PL i n �el- 2pJ • Ocnul+ w N- c W vec-pob CC>►Z ac� ci (-k dy e 's ACAUT' ` r e _f. VV � c I fr A4�;)i � 3 l /�. C C(L L�✓Q�,c2G-- �itQ - J�� c,��1 r`�`� . s oL- J4- s _ co e 1. ic� � gc �s a ale • r � .� r eL y Ova t � �kJ V " • / t L ' w T $ qq 60 IIAWLk6l- A' f�k i ' a f�-i.i�. -7,✓ �lg-� o cotaro. _64? & 570 / op q I c �. 1 I i. LAY 5 r { "44 t f OLOO 1 f . E"� cOWW G � " 13r / �� Imo • � G � � r l� 8° Nor Lot n Ef s 1 1 1 � 1 � C.eS� sM.�c�, �► � �, � c. k, { L J r iu G ► �- Z . S v CDY P LYW ra r — Locf� off► �� �- — cvtNfr , / b GCd4 !r V P / _ , . CftrFl i Message Page 1 of 1 Colleen Shuler 1 ) In 2002 , when we set up our antenna at City Lights , Ithaca Community Radio discussed with our lawyer, (former city attorney )Chuck Guttman , whether a variance was required . We concluded that our set up did not fall within the description of something requiring a variance due to its low impact, low power, low height. We were not oblivious to Town requirements and did consult the ordinances at the time. . 2) Of our two antennas, one of them , the receive antenna (on the north side of the barn) is a simple Yagi, the same sort of thing used on rooftops for TV reception . It feeds a receiver just like a receiver in a home stereo system - these two items, half our system, are common items in the average home. 3) Our tranmission antenna , only 23 feet above the ground , with a maximum power of 250 watts is so safe that it is not even required by the FCC to have a fence around it - ICR had to submit an engineering study in this regard to the FCC in order to prove safety. It operates on a conventional electric circuit certified to be up to code in all respects . 4) The tranmitter, receiver, and computer controller are enclosed in a fireproof, sheet metal equipment cabinet - a commerically available item manufactured specifically for such purposes. 5) The set up poses no hazard to persons nor property , nor creates a nuisance to neighbors. It does however provide people in the town with the ability to hear quality public radio programming . ICR has many listeners/donors in the town of Ithaca. 6/27/2008 WEOSI WICR "88. 1 " Antennas and Electric Box. Located in the Transmitter "Auction Barn " Antenna @ 1319 Mecklenburg Rd. Ithaca, NY 14850 own Transmitter 3 ft. by aft. box on wheels. Receiver Antenna Antennas are TV style, and sit on poles, approximately 18 feet off the ground. Message Page 1 of 1 Chris Balestra From : Colleen Shuler [colleen @theinnatcitylights .com] _._-- ----- � Sent: Saturday , June 28, 2008 7 : 25 AM i G, IJ Ls_ . � 1 To : Cbalestra @TOWN . ITHACA. NY. US Fo Subject: City Lights Radio Station Addendum JUN 3 200 t OF IT Hello Chris , Please note the following was not included in our recent paperwork . The two antennas on the CORN CRIB BARN have the following specs . Each of the structures ( pipes) that hold the antenna's are made of two 21 ' by 2" steel pipes , for a total of 42' tall . At the top of each pipe is mounted an FM antenna manufactured by Kathrein-Scala company, model CA2-CP. Both look identical . The FMX antenna is transmitting with a power of 180 watts at 96.3 FM . The Family Life antenna is transmitting with a power of 180 watts at 88. 9 FM. Thank you and sorry for the omission . Colleen & Evan City Lights Bed & Breakfast 1319 Mecklenburg Rd . Ithaca , NY 14850 www.theinnatcitylights .com colleen @theinnatcitylights .com 607-227-3003 6/30/2008 OF 1p TOWN OF ITHACA ie 2t- 215 N . Tioga Street, ITHACA, N . Y . 14850 TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDING AND ZONING 273- 1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 FAX (607) 273- 1704 June 4, 2008 Colleen Shuler 1319 Mecklenburg Road Ithaca, NY 14850 RE: TPN 28 .- 1 -26.6 Dear Ms. Shuler, This office has received a complaint that there are three radio facilities located on your property at 1319 Mecklenburg Road. These types of structures are not an allowed use in the Low Density Residential District. In addition, there . were no building permit applications made for the construction of these improvements. The installation and continued use of the radio facilities is a violation of Chapter 125 and of Chapter 270, Article VIII of the Code of the Town of Ithaca. There may also be violations of the New York State Uniform Fire Prevention and Building Code related to the installation of the structures and equipment. As the reputed property owner you are responsible for correcting the violations within 14 days of the date of this letter. At that time the facilities must either be removed or building permits and an application to the Zoning Board of Appeals submitted. Area variances may be required in addition to the use variance. Application materials are available at Town Hall and on the website at www. town.ithaca.ny.us. Your cooperation is greatly appreciated. Please call our office with any questions. aince�ly, st ce Senior Code Enforcement Officer cc : Herb Engman, Town Supervisor Susan Brock, Attorney for the Town Jon Kanter, Director of Planning FILE DATE Z TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, NOVEMBER 21 , 2005 7 : 00 P.M. PRESENT : Kirk Sigel, Chairperson; Harry Ellsworth, Board Member; Dick Matthews, Board Member; Ronald Krantz, Board Member; Jim Niefer, Board Member; John Barney, Attorney for the Town; Christine Balestra, Planner, ABSENT : None OTHERS PRESENT : John Rancich, Ithaca, NY; Nancy an d Roger Battistella, 1553 Slaterville Road; Colleen Shuler, 1319 Mecklenburg Road; George Frantz, 604 Cliff Street; Paul and Pamela . Fairbanks, 935 Taughannock Boulevard; John and Joy Stanton, 941 Taughannock Boulevard; Ron Knewstub, 180 Calkins Road, Chairperson Sigel opened the meeting at 7: 05 p. m. Chairperson Sigel — Welcome to the November meeting of the Town of Ithaca Zoning Board of Appeals. Tonight we have four appeals, that of Colleen Shuler, the Appeal of Nancy Battistella, the Appeal of Luke Bowes and the Appeal of John Rancich, and we will be taking them in that order. APPEAL of Colleen Shuler, DBA City Lights Antiques, Appellant, requesting a variance from the requirements of Chapter 270, Article VIII, Sections 270-54 and 270-55 of the Town of Ithaca Code, to be permitted to maintain an antique shop located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No. 28.4 -26.6, Low Density Residential Zone. An original, time-limited variance to allow the antique shop was granted in 1990 and extended in 1995. The most recent variance extension of December 13, 2000 is set to expire on December 13, 20050 Chairperson Sigel - The first Appeal is that of Colleen Shuler Doing Business As City Lights Antiques, requesting a variance from the requirements of Chapter 270, Article 8 , sections 54 and 55 of the Town of Ithaca Code to be permitted to maintain an antique shop located at 1319 Mecklenburg Rd, Tax Parcel 28 . = 1 -26 . 6, Low Density Residential Zone. A variance was originally . granted in 1990, 1995 and 2000, each of those was for 5 years, and the current variance is set to expire in a couple of weeks. Is someone here for this appeal? Ms. Shuler - Hi . Chairperson Sigel - Please have a seat and just begin with your name and address. Ms . Shuler - Yes, Hi, I ' m Colleen Shuler at 1319 Mecklenburg Rd: Chairperson Sigel — OK, and give us a quick overview of what ' s been going on and what you' re asking for now. TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 21 , 2005 APPROVED MINUTES Ms . Shuler - Well we would like to continue with an antique shop at the property, 1319 Mecklenburg Rd, there is a large building in the back that has been an antique shop, like you said, since 1990, and we would like to continue .to use that space for that. Chairperson Sigel - Is everything the same basically as the last time you were here, as far as what you are selling and how much area you are using for the business and such? Ms. Shuler - It' s exactly the same, yes . Chairperson Sigel — And has ownership changed? Ms. Shuler, - The ownership of the property changed to me three years ago. Chairperson Sigel — And now you are running the antique shop? Ms. Shuler - Yes, well I would like to . Chairperson Sigel — OK, . I assume we haven' t had any complaints. Ms. Balestra — Not that I am aware of, we haven' t had any in our office . Chairperson Sigel — Any questions, comments? Mr. Ellsworth — Are these conditions here still being met? Chairperson Sigel — That' s a good question. Mr. Ellsworth — She answered the first one, but the second one is that the property is occupied by one of the principals of the business . Ms . Shuler - Yes . Mr. Ellsworth — I can go through this, but have you seen this? There were a bunch of conditions that were with this permit before . Rather than go through them one. by one. Ms . Shuler - Can I just look at it real quick. Man — I apologize, we don' t have that. Mr. Ellsworth — You can keep that one. Ms . Balestra — You did not receive that memo with the information in it? Ms. Shuler - I did not see it, no . But it won' t take me long to look at it quickly. 2 TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 21 , 2005 APPROVED MINUTES Chairperson Sigel — I believe that at the bottom there is a summary of the conditions of the last time you received approval . Ms . Shuler . - The only one I ' m curious about is the no advertising of any nature. . Is there a reason? Chairperson Sigel — I believe that was actually modified at one point. Ms. Shuler - Because it does not seem to make sense . Ms . Balestra — That is a condition that was carried over from 1995 , I think some of the board members at the time were concerned about advertising, because it' s in a residential zone and not a commercial zone, and they didn' t want to have a heavy amount of traffic going into or out of the site. But there is a sign that advertises the business, so I think other than that particular sign, I think the board was concerned they didn' t want any more signage . Chairperson Sigel — Actually in 2000 though, that was lifted. Ms. BaleAra — Was it? Ms. Shuler - Yup . Chairperson Sigel — In the last approval, in 2000, it says, all conditions of the previous approval will continue except that the stipulation against no advertising shall be modified to permit the placement of advertisements in publications of the applicant ' s choosing. Ms. Balestra — So in publications but not actually on the site. Ms. Shuler - That' s fine, that ' s great. Mr. Matthews — Publications but . . . ? Ms. Balestra — Not actually on the site, so not on the road but in the Ithaca Journal, for example . Chairperson Sigel — Originally, they were permitted to have their one sign out front. Man — It ' s still there. Chairperson Sigel — In their original variance, they were allowed to have their one sign. Ms. Balestra — Right, right. Ms . Shuler - We agree with all of these stipulations . 3 TOWN OF ITHACA ZONING BOARD OF APPEALS . NOVEMBER 21 , 2005 APPROVED MINUTES Chairperson Sigel — So I suppose the question is to grant this as another time-limited variance, or make it longer, or make it permanent. Mr. Matthews — What would your recommendation be? Chairperson Sigel — It ' s been here for a while . Mr. Matthews — Ten years. Mr. Ellsworth — Well, maybe ten years it' s had the same owners — it. changes ownership. Chairperson Sigel — Well, actually it wasn't stipulated on the previous owner, it was just stipulated that it had to be owner occupied, because it actually has changed owners since the last variance, I think. Mr. Niefer — Is there any Public Hearing person here to speak for or against it? Chairperson Sigel — That' s a good idea. OK, we ' ll open the public hearing in regards to this case, if anyone would like to speak for or against, and if not, we ' ll close the public hearing. Chairperson Sigel opened and closed the public hearing at 7: 12 p. m. Mr. Matthews — one question I have, Kirk. The sprawl seems to be heading towards the West Hill area of Ithaca. That area where this business is is experiencing some growth, too . What kind of problems would ensue if we gave an extension of this and then in five years it became suburbanized, what impact would this business have on that? Chairperson Sigel — Your guess is as good as mine . I don' t know, I mean it doesn' t seem to have had an impact thus far, but of course it' s pretty rural . Mr. Matthews — It has been rural, I understand that, but it's now changing. Is that something we have to consider or should consider. I thought I saw somebody lived ten years or something like that, but in ten years from now, who knows what it' s going to look . like. Mr. Krantz - The Trumansburg Road has an antique dealer too, and that area is similarly changing, almost identically actually . . Chairperson Sigel — I mean it' s not, I wouldn' t foresee problems, personally, it' s not a business that generates a lot of traffic. Mr. Ellsworth — Are you refinishing furniture? Ms . Shuler - No, that business has stopped. We don' t refinish furniture . 4 TOWN OF ITHACA ZONING BOARD OF APPEALS . NOVEMBER 21 , 2005 APPROVED MINUTES Mr. Ellsworth — There ' s all kinds of antique shops among residential areas. Ms. Balestra — That antique business that is there and then the one across the street are not huge traffic generators, and I think even if the area is to become a little bit more suburbanized which is not going to be much more than it is, I don' t believe it' s going to affect that area negatively. It' s not a high traffic use . Mr. Krantz — There are 72 more units going up. Ms. Balestra — That' s true. Mr." Matthews — That itself will bring traffic . Ms. Balestra — How many people living up and down Mecklenburg road are going to be really interested in buying antiques. It' s a commercial use, it is commercial, and that' s why you' re considering the Use variance in a residential zone, but it is a somewhat light commercial use. It ' s not like a fast food . restaurant or a retail store, or an establishment that is known. to generate a lot of traffic. Mr. Matthews — right now it' s zoned non-commercial, correct? Ms. Balestra — Right now it' s zoned low density residential . Mr. Krantz — I would be in favor of giving them a permanent easement. Chairperson Sigel — Do you know Christine, what the one across the street has? Ms . Balestra - They also have a time limited use variance, that' s going to be coming up to the next meeting. That' s expiring in December as well . Chairperson Sigel — So, maybe consider that as well, the one right across the street is in the same situation, so we ' re probably inclined to do the same thing for them that we do for City Lights here, but like I said, I don ' t have a problem making it a permanent variance. Mr. Matthews — Are you sure you would want to go permanent? If it becomes a full blown residential area, are we doing those folks a favor by having a commercial business in the midst of them? Mr. Krantz — probably a residential area would bring more traffic in the . . . Mr. Matthews — I understand that, but a business is one thing and kids playing is another. I ' m not against business, that' s for sure. I guess I suggest we be conservative in our approach rather than open the door completely . 5 TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 21 , 2005 APPROVED MINUTES Mr. Barney — The reason for the time limited variance is because it does give you the ability at periodic intervals to take a look at it, and see whether the neighborhood is drastically affected, adversely or not by it, which is I think the reason it was done with a time limit. Mr. Matthews — Give it a time limit, is that what you' re saying, suggesting, John? And I agree with that. Mr. Barney — That' s the rationale for it. Chairperson Sigel — Well, we could obviously. do 5 years again, we could consider 10 years . Mr. Niefer — Sure, I would go for 101 Mr. Ellsworth — 20150 I won' t be here . Mr. Matthews — It' s a minor inconvenience for these folks to have to come down every 5 - 7 years, but we ' re pleasant people to deal with. Chairperson Sigel — That seems like a reasonable option. OK, I will, in regard to the appeal of Colleen Shuler, I will move to make a negative determination. I assume, Christine that you didn' t have any other things that you wanted to highlight as far as environmental concerns? Ms . Balestra — No, not environmental concerns. Chairperson Sigel — I will move to make a negative determination of environmental significance for the reasons stated in Part II, Environmental Assessment Form prepared by Town staff. Second? Mr. Niefer — Second. Chairperson Sigel — All in favor? ZB RESOLUTION NO . 2005- 057 .s ENVIRONMENTAL ASSESSMENT Colleen Shuler, DBA City Lights Antiques , 1319 Mecklenburg Road , Tax Parcel No . 28 .=1 -26 . 6 MOTION made by Kirk Sigel , seconded by Jim Niefer RESOLVED that in regard to the appeal of Colleen Shuler this Board makes a I egative determination of environmental significance for the reasons stated in Part II , Environmental Assessment Form prepared by Town staff. 6 TOWN OF ITHACA ZONING BOARD OF APPEALS . NOVEMBER 21 , 2005 APPROVED MINUTES The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz ; Niefer, Matthews NAYS : None The MOTION was declared to be carried unanimously . Chairperson Sigel — And I will move the variance, or the motion made in the December 13 , 2000 meeting of this board with the same findings and with the only change be that this approval is now for a ten year period commencing on this day. Second? Mr. Niefer - Second. Chairperson Sigel — All in favor? ZB RESOLUTION NO . 2005 - 058 : Colleen Shuler, DBA City Lights Antiques , 1319 Mecklenburg Road , Tax Parcel No . 28 . =1 -26 .6 MOTION made by Kirk Sigel , seconded by Jim Niefer. RESOLVED , that this board grants the appeal of Colleen Shuler, requesting a variance from the requirements of Article V, Section 18 and 19 of. the Town of Ithaca Zoning Ordinance , to permit the operation of an antique sales and restoration business in a 9 , 640 square foot accessory building , located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 , Residence District R-30 , based upon the following findings and conditions : FINDINGS : 1 . The appellant depends entirely upon the operation of this business for her livelihood . To deny her this appeal would cause her an unacceptable degree of financial hardship . ` 2 . There do not appear to be any complaints from neighbors concerning the operation of this business . 3 . The operation of the business will be substantially the same as that operated for the past five years . 4 . The business is located on a busy highway in a rural area and is relatively isolated from inhabited adjoining properties . CONDITIONS : 7 TOWN OF ITHACA ZONING BOARD OF APPEALS : NOVEMBER 21 , 2005 APPROVED MINUTES 1 . All of the conditions stipulated in the previous approval will continue to apply except that the stipulation that no advertising be permitted shall be modified to permit the placement of advertisements in publications of the appellant's choosing . 2 . Approval is for a ten year period commencing November 21 , 2005 . The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Matthews NAYS : NONE The MOTION was declared to be carried unanimously . Chairperson Sigel — OK, you ' re all set. Maybe we ' ll see you in ten years . Ms . Shuler - Thanks so much. APPEAL of Nancy Battistella, DBA Six Mile Creek Vineyard, Appellant, requesting variances from the requirements of Chapter 270, Article IX, Section 270-66 and Section 270-7l (C) of the Town of Ithaca Code, to be permitted to modify an existing vineyard/winery with a building expansion, located at 1551 Slaterville Road, Town of Ithaca Tax Parcel No. 56..2. 1 . 1 , Medium Density Residential Zone. Said vineyard has previously been granted a use variance to allow its use in a residential zone. An area variance is being requested as the proposed building addition encroaches on the western site yard setback. An interpretation is being requested for consideration as to whether " receptions" are a normal function of a vineyard. Otherwise, a request for a modification of the previously approved use variance is also being made. The Zoning Board of Appeals referred the matter to the Town of Ithaca Planning Board for a recommendation at their November 15, 2005 meeting. Chairperson Sigel — The next appeal is that of Nancy Battistella, doing business as Six Mile Creek Vineyard, requesting variances from the requirements of Chapter 270, Article IX, Section 66 and Section 71 (C) of the Town of Ithaca Code, to be permitted to modify an existing vineyard/winery with a building expansion, located at 1551 Slaterville Road, Town of Ithaca Tax Parcel No . 56.-2 - 1 . 1 , Medium Density Residential Zone . Said vineyard has previously been granted a use variance to allow its use in a residential zone . An area variance is being requested as the proposed building addition encroaches on the western site yard setback. In addition, an interpretation is being requested for consideration as to whether "receptions" are a normal function of a vineyard. Otherwise, a request for a modification to the previously approved use variance is also being made . This Board referred the matter to the Town of Ithaca Planning Board for a recommendation at their November 15 , 2005 meeting. And we have received it back, I 8 n FILE DATE ZB RESOLUTION NO , 2005- 057 : ENVIRONMENTAL ASSESSMENT Colleen Shuler, DBA City Lights Antiques , 1. 319 Mecklenburg Road , Tax Parcel No . 28 . = 1 -26 . 6 MOTION made by Kirk Sigel , seconded by Jim Niefer RESOLVED that in regard to the appeal of Colleen Shuler this Board makes a negative determination of environmental significance for the reasons stated in Part II , Environmental Assessment Form prepared by Town staff. The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Matthews NAYS : None The MOTION was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA: 1 , John Coakley , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 21st day of November 2005 . C� DeplAry Town Cler Town of Ithaca FILE DATE ZB RESOLUTION NO , 2005 - 058 : Colleen Shuler, DBA City Lights Antiques , 1319 Mecklenburg Road , Tax Parcel No . 28 . -1 -26 .6 MOTION made by Kirk Sigel , seconded by Jim Niefer. RESOLVED , that this board grants the appeal of Colleen Shuler, requesting a variance from the requirements of Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance , to permit the operation of an antique sales and restoration business in a 9 , 640 square foot accessory building , located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 , Low Density Residential District , based upon the following findings and conditions : FINDINGS : 1 . The appellant depends entirely upon the operation of this business for her livelihood . To deny her this appeal would cause her an unacceptable degree of financial hardship . 2 . There do not appear to be any complaints from neighbors concerning the operation of this business . 3 . The operation of the business will be substantially the same as that operated for the past five years . 4 . The business is located on a busy highway in a rural area and is relatively isolated from inhabited adjoining properties . CONDITIONS : 1 . All of the conditions stipulated in the previous approval will continue to apply except that the stipulation that no advertising be permitted shall be modified to permit the placement of advertisements in publications of the appellant' s choosing . 2 . Approval is for a ten year period commencing November 21 , 2005 . The vote on the MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Matthews NAYS : NONE The MOTION was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS , TOWN OF ITHACA : I John Coakley , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 21St day of November 2005 . puty own Clerk Town of Ithaca J . J PART II - ENVIRONMENTAL ASSESSMENT To be completed by the Town ; 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 NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may 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) Cl . 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 area, wetlands, or threatened or endangered species? Explain briefly : None Anticipated. C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: See Attached, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly: None Anticipated. C6. Long term, short term , cumulative, or other effects not identified in CI -05? Explain briefly : None Anticipated . C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff , CB , other attached. (Check as applicable.) PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (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 material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here 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 . X Check here 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 . Town of Ithaca Zoning Board of Appeals Name of Lead Agency Preparer' s Signature( If different from Responsible Officer) Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency Signature of Contributi ng Preparer DATE : 4/0 4r-- Sig ture of Respon ' le Officer in Lead Agency ZONING BOARD OF APPEALS PAGE 17 DECEMBER 13, 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Sigel stated the condition would be more appropriate for an applicant that represents that they are not seeking to attract people . It would be a stipulation to insure that they do not seek to attract people . Mr. Carroll stated someone would make a complaint to the Town if they felt . there was too much traffic . The property might be further improved by the bettering of the business . Chairperson Stotz stated two mitigating factors are that Mr. Carroll has been in business for 24 years. It is not a business nestled in the middle of a subdivision . Chairperson Stotz asked if Ecovillage has made comments about the business. Mr. Carroll stated initially they did not get off on the right foot . In the beginning he found them testing his well water. Mr. Carroll wrote them a letter regarding it . The only problem he has had is when Ecovillage had a special permit to shoot deer. Mr. Carroll was not aware of the permit. He was hearing gunshots early in the morning . They were not notified . Communication was the problem and it has been resolved . RESOLUTION NO a 2000m79 VARIANCE - Michael Carroll, 1319 Mecklenburg Road, Tax Parcel No 284 -26. 6, December 13, 2000. MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this board grants the appeal of Michael Carroll, requesting a variance from the requirements of Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance, to permit the operation of an antique sales and restoration business in a 9, 640 square foot accessory building, located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 28- 1 -26. 6, Residence District R- 30, based upon the following findings and conditions: Findings: 1 . The appellant depends entirely upon the operation of this business for his livelihood. To deny him this appeal would cause him an unacceptable degree of financial hardship. There does not appear to be any complaints from neighbors concerning the operation of this business. 3 The operation of the business will be substantially the same as that operated for the past five years. The business is located on a busy highway in a rural area and is relatively isolated from inhabited adjoining properties. Approval is granted with the following conditions: ZONING BOARD OF APPEALS PAGE 18 DECEMBER 13, 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED 1 . All of the conditions stipulated in the previous approval will continue to apply except that the stipulation that no advertising be permitted shall be modified to permit the placement of advertisements in publications of the appellant's choosing. 2. Approval is fora five-year period commencing December 13, 20006 A vote n the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: NONE. The motion was declared to be carried unanimously. The fifth appeal to be heard was as follows: APPEAL of Glenn Hubbell , Appellant , requesting a variance from the requirements of Article V , Section 18 and 19 of the 'T,own of Ithaca Zoning Ordinance , for the operation o antique and second hand goods shop in an Agricultural District at 1308 Mecklenburg Road , ,Town of Ithaca Tax Parcel No . 27- 1 = 14 . 12 ( Residence District R-30 regulations apply) . A five-yeardime-limited variance was previously granted for this non7permitted use and will expire on January 24 , 2001 . Glenn Hubbell , 1308 Mecklenburg Road , stated he has operat4 his business with special permit for 24 years . He received a use variance for five years in 1990/ variance was renewed in 1996 for another five years . The original intent was to supplement is retirement . Mr. Hubbell retired in 1962 , but turned 65 last fall . He is now fully retired , le o erator of the busi ess . The only major changes since 1996 Mr. Hubbell stated he is the so p � Y 1 g is that he deeded a parcel of the property to his daught She has a new house on the east side of the property . It is maintained and landscaped . The\�l d between the two houses is maintained and landscaped . He maintains about six of the nine acr lawn . Mr. Hubbell stated he would like the bo rd to exte the variance for another five years . He does not advertise . It was not a restriction his variance . he business is only open two days per week. He has only been open on we ends for 24 years . Mr. Hubbell stated he did have a disastrous fire in 1993 , but his business as recovered to more an it was before . He has very loyal clientele . There has been some reco ition of his business in the racuse paper. Mr. Hubbell stated he att ded the Historic Preservation Pre s ntation held at Town Hall on Tuesday, December 12th . He as very pleased that they mentioned h ' house and mentioned Mr. Carroll 's house . His house as described as being the oldest house o Mecklenburg Road . The house was built around 1 5 . It is rewarding that the house was built in t at era and who built the house . The house was ilt by a Revolutionary War soldier. Chairperson otz asked Mr. Hubbell if he owns other businesses . Mr. Hubb responded that he owns rental property. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, NOVEMBER 214 2005 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 Monday, November 21 , 2005 , in Town Hall, 215. North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P.M. on the following matters: APPEAL of Colleen Shuler, DBA City Lights Antiques, Appellant, requesting a variance from the requirements of Chapter 270, Article VIII, Sections 270=54 and 270-55 of the Town of Ithaca Code, to be permitted to maintain an antique shop located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 28- 1 -26.6, Low Density Residential Zone. An original, time-limited variance to allow the antique shop was granted in 1990 and extended in 1995 . The most.recent variance extension of December . 13 , 2000 is set to expire on December 13 , 2005 . APPEAL of Nancy Battistella, DBA Six Mile Creek Vineyard, Appellant, requesting variances from the requirements of Chapter . 270, Article IX, Section 270-66 and Section 270-71 (C) of the Town of Ithaca Code, to be permitted to modify an existing vineyard/winery with a building expansion, located at 1551 Slaterville Road, Town of Ithaca Tax Parcel No, 56-2- 1 . 1 , Medium Density Residential Zone. Said vineyard has previously been granted a use variance to allow its use in a residential zone. An area variance is being requested as the proposed building addition encroaches on the western side yard setback. An interpretation is being requested for consideration as to whether "receptions" are a normal function of a vineyard. Otherwise, a request for a modification of the previously approved use variance is also being made. The Zoning Board of Appeals referred the matter to the Town of Ithaca Planning Board fora recommendation at their November 15, 2005 meeting. APPEAL of Luke Bowes, Appellant, Ron Knewstub, Agent, requesting variances from the requirements of Chapter 270, Article VII Section 270-45 of the Town of Ithaca Code, to be permitted to construct an open pile dock that exceeds the maximum 8-foot width and the 300 square foot surface area required by Code. The proposed dock will be 8 ' x 60 ' with a 10 ' x 24 ' "L" extension at the end and a 14' x 24 ' covered boatlift, and have an overall square footage of 1056 square feet. The property is located at 955 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2- 1 , Lakefront Residential Zone. APPEAL of John Rancich, Appellant, George. R. Frantz, Agent, to modify the conditions of a previously granted special approval (9/23/02) to continue a gravel pit mining operation, located on the north side of Mecklenburg Road approximately 500 feet west of the intersection with West Haven Road, Town of Ithaca Tax Parcel No. 27- 1 - 14 .2, Agricultural Zone . The previously granted special approval was issued for a three-year period and expired on October 1 , 2005 . The Appellant requests that the special approval. be extended through August 31 , 2008 to coincide with the expiration date of the New York .State Department of Environmental Conservation Mining Permit that was issued . The Appellant also requests the modification of two other conditions of the previous special approval : 1 ) to permit the use of crushing and conveying equipment on the site to process the in gravel for use in the planned street and infrastructure system on other portions of the property (where the previous approval included a condition that there be no processing or crushing of any of the material at the Project site or any lands adjacent to the site at any time . . . ), and 2) to increase the maximum number of truckloads of gravel permitted to be .removed from the site from 32 to 64 truckloads per day, and from 4 truckloads per hour to 8 truckloads per hour (where the previous approval included a condition that . there be no more than four truck trips per hour, one trip being ingress and egress, and no more than 32 truckloads removed per day. , 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. Jonathan Kanter, AICP Director of Planning 607-273 - 1747 Dated: November 10, 2005 Published : November 14, 2005 � OFIT� O 9 TOWN OF ITHACA 18 21 4� X01 � 215 N. Tioga Street, ITHACA, N. Y. 14850 TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water&Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273 - 1747 ZONING 273- 1783 FAX (607) 273- 1704 PLANNING DEPARTMENT MEMORANDUM To : Zoning Board Members From : Christine Balestra, Planner Date : November 10, 2005 RE : City Lights Antiques — Extension of Time-Limited Use Variance to Operate Consignment Antique Shop Enclosed please find materials related to the proposed extension of a time-limited use variance to maintain an antique shop at City Lights Antiques, 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No . 28 - 1 -26 . 6 , Low Density Residential Zone . The proposal includes a variance from the requirements of Chapter 270 , Article VIII, Sections 270- 54 and 270- 55 of the Town of Ithaca Code, to be permitted to maintain an antique shop in a 9 , 640 square foot accessory building located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 . An original , time-limited variance to allow the antique shop was granted in 1990 and extended in 1995 . The most recent variance extension of December 13 , 2000 is set to expire on December 13 , 2005 . Background and site conditions The property, located on Mecklenburg Road, contains a main building/home, utilized as the City Lights Bed & Breakfast and home of the property owner, and accessory buildings . The current antiques sales operation is in an accessory building located in the rear yard behind the residence/ bed and breakfast. The commercial operation is not visible from Mecklenburg Road . Zoning Board Action According to Zoning Board files, this property received a five-year time-limited use variance in 1990 , to allow the owner to operate an antique and furniture restoration shop . The Zoning Board originally granted the five-year time limit because of the nature of a commercial business located in a residential zone. The shop is located in a Low Density Residential Zone, which prohibits commercial uses (such as antique sales) . The Zoning Board , in granting the use variance in 1990, found that the applicant satisfactorily demonstrated unnecessary hardship as outlined in the use variance criteria (see attached original findings in minutes) . However, the Zoning Board also attached conditions of approval that included, among the time limit, that : a. there not be any significant changes in the nature of the operation as submitted, b , the variance be permitted so long as the dwelling house on the property is occupied by one of the principals of the business, c . there not be outside storage of any materials, d, that the restoration business be conducted within the confines of the concrete block building, e . that the operation be limited to no more than 8 full time persons, including two principals involved with the operation of the business, and f. that there be no advertising of any nature, other than the sign that is permitted on the property. The Zoning Board made similar findings in the 1995 and 2000 variance extensions, and the conditions were incorporated into the most recent time-limited variance extension. As discussed at the last Zoning Board meeting, planning staff is experimenting with including cover memos and draft resolutions to assist the Zoning Board when passing resolutions . The memos are meant to provide the Board with additional project information . A draft resolution will be passed out for each project for your review and consideration at the November 20 meeting. Please note that the resolution will be for guidance purposes only and may contain suggested conditions of approval from the Planning Board regarding this and other projects, where applicable . Staff has no legal authorization to pass resolutions and the Board is free to modify anything they wish or may pass a completely different resolution at the meeting (it is strongly suggested, however, that the Board incorporate in their resolution the conditions recommended by the Planning Board, when applicable) . Please contact me at 273 - 1747 or email me at cbalestraktown. ithaca. ny.us with any questions regarding this project. Att. OF ITy �9 TOV JN OF ITHACA 215 N . Tioga Street, ITHACA, N .Y. 14850 TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 . BUILDING AND ZONING 273- 1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 FAX (607) 273- 1704 Applieation for-Appea-r-a-nce-in-front of the Zoning-Board- of- Appeals Fee $ 100 _..._.,.For Office"iTse Onl �. �or�OffcevlJse ©�-r- " Property Is located withln or CHECK ALL THAT APPLY Hate Reserved Area Variance Countg Ag Dlstttct- IJNA Gas r;G-hee]�Na'�" ��� Use Variance - - - - ~ - CEA --ZontngDtgnot Sign Variance - Sprinkler Variance Forest Home HlstoriealIStnct m � Special Approval Requesting an appearance to be allowed to D"Ch-+e- cr rk) Cx e-\ +i s -q n ev� I at ( 3 l q V✓l e( Gk " 6 � ( , Town of Ithaca Tax Parcel No. 2 ' ( - Z-L G , as shown on the accompanying application and/or plans or other supporting documents, under Article(s) , Section(s) , of the Town o',.- respectfully submits this Application Form. A description of the P � ec �� © %% i 'or the Special Approval authorization request is as follows: /� ^�, • lee 5 b -e e- -� -� y� S e- cti S 0. '^ �.. .-}-� an ,� 2 �/� �} O C C� c-r S G--S o-- By filing this application, I grant permissi C� s� t^' ` rd of Appeals or staff to enter my property to inspect in connection Signature of Owner/Appellant: X Date : `I T 1 ( 2, ( o J — Signature of Appellant/Agent Date : Print Name Here Home Telephone Number 6p u? - 2 z- 1 3 (M 3 Work Telephone Number NOTE : If construction of work in. accordance with any variances given does not commence within 18 months, the variance will .gxpiu. Your attendance at the meeting is advised. Revised 11 /03/04 a Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 = PROJECT INFORMATION To be com leted by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name 3. Precise location (street address, road intersections, prominent landmarks, etc* or provide map:) C�LC" � �( l kfJ Tax Parcel Number: Z $ — Z k•0 ' `O 4. Is proposed action : 9 re. t\ 2� NEW? EXPANSION? MODIFICATION/ALTERATION . 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other ) relevant items): -{'� G- o S 6 .Q n tJS � �� l .—tom. nn�1L � .i , ( ol ; .-. i Attach separate sheets if necessary to adequately describe the proposed project.) 6. Amount of land affected: Initial) 0-5 rs Acres 640 rs >10 rs) Acres 7. How island zoned presently? r c _ ��� �,- C A/5s� 1... J i2- 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO .2L Public Water? YES NO Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other. Please Describe: ✓fir !' i o - n �— jv, -Vo� Gvr a �/ -e c P%4p \ pro ,real ,�.. t-1 >z � C - I- - LW 2 w 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO �7e If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/$p`o�nsor Name (Print or Type) : Signature and Date : C4 z.- 1 Revised 11/03/04 Short Environmental Assessment Form Part II Attachment Colleen Shuler, 1319 Mecklenburg Road Use Variance to Operate an Antique Sales Business Town of Ithaca Zoning Board of Appeals November 21 , 2005 C. Could proposed action result in any adverse effects associated with the following . C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion , drainage, or flooding problems? No significant adverse effects are anticipated regarding air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion, drainage , or flooding as a result of the proposed action . The proposal includes a variance from the requirements of Chapter 270 , Article Vlll , Sections 270- 54 and 270-55 of the Town of Ithaca Code, to be permitted to maintain an antique shop in a 9,640 square foot accessory building located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No . 28 - 1 -26 . 6 . An original, time-limited variance to allow the antique shop was granted in 1990 and extended in 1995 . The most recent variance extension of December 13 , 2000 is set to expire on December 13 , 2005 . The property has changed ownership since the last meeting and the current owner also runs a bed and breakfast on the property . No significant changes to the site or to the antique sales operation have occurred since the last meeting . The proposal to extend the existing variance is not anticipated to have any adverse environmental impacts . C2 . Aesthetic, agricultural, archaeological , historic, or other natural or cultural resources ? Community or neighborhood character? None Anticipated . The current antiques sales operation is in an accessory building located in the rear yard behind the residence/ bed and breakfast. The commercial operation is not visible from Mecklenburg Road . The Zoning Board originally granted the five-year time limit because of the nature of a commercial business located in a residential zone. The business has not expanded nor does it appear to have had a negative impact on community or neighborhood character in the last 15 years of its operation. 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 ? None Anticipated . The Town of Ithaca Comprehensive Plan designates the site as "Agricultural ," and it is zoned Low Density Residential . The proposed commercial use is not allowable in the Low Density Residential Zone without a use variance . The applicant obtained a use variance from the Zoning Board of Appeals in 1990 to allow the antique sales . This use variance contained conditions of approval , including a five-year time limit due to the nature of the use in a residential zone . Extending the use variance for an additional five years or considering extending the use variance permanently with conditions, is not expected to increase the use or the intensity of the use of the land . Another antique store, operating under a separate variance and separate owner, is located across the highway . t 1 'k � c� (u) ( e. � � � , � R� J � �-��� 6LnJ CS He CAM 64- t- Town of Ithaca 4 Zoning Board of Appeals September 12 , 1990 The next Appeal on the agenda was the following : APPEAL OF BESTVIEW ITHACA INC . , APPELLANT , MICHAEL CARROLL , AGENT , REQUESTING A VARIANCE FROM ARTICLE V , SECTION 18 AND 19 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF ANTIQUE SALES AND RESTORATION BUSINESS IN A 9 , 640 SQUARE FOOT ACCESSORY BUILDING , LOCATED AT 1319 MECKLENBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 28 - 1 - 26 . 6 , RESIDENCE DISTRICT R- 30 . SAID ORDINANCE DOES NOT PERMIT ANTIQUE . SALES AND RESTORATION AS A PRIMARY OR ACCESSORY USE IN A RESIDENTIAL ZONE . Mr , Michael Carroll , Agent , appeared before the Board . He stressed that his business is a continuing operation , being that they have been doing this operation basically since 1974 , with a corporate name change and then a split in the corporation involved in the property ; one being the ownership of the property and the other still running the antique business but under the same basis since 1974 . He said they have had no complaints or anyone from the Town notifying them that they are creating a hazard of any kind . Mr . Carroll explained that one of the problems that that particular property faces is that they purchased it as an empty building but at the time they purchased it , the preceding owners were running it as an agri - bio business , where the owners had built these cinder block buildings on the property right behind the residential house next to the dairy barn which has since left us due to a fire in 1976 . Mr . Carroll stated that they now occupy the 9 , 648 square foot building with the antique business to make use of the buildings that existed . The buildings were really built for a commercial business . He said that they are making use of the buildings as they are without expanding them or creating more space . Mr . Frost interjected that he had a communication from Contel Inc . , inquiring about putting a 70 - foot cellular telephone . antenna on this property , which resulted in his going back into numerous hearings that have been before this Board in the past and determining , ultimately , that this had been approved but one of the conditions on the last approval for the use was that that be a two year permit . He said that at some point in time there was to be a hearing that never occurred back in the 70 ' s so the actual continuation has never had the continued blessings of the \ Board . As far as the cellular telephone issue , that may be a y i Town of Ithaca 5 Zoning Board of appeals September 12 , 1990 matter that the Board may hear in a couple of months but that is a separate issue . Mr . Carroll stated that they are considered a small business . He stressed that they do not generate a high volume of traffic on that hill due to their commercial business . Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Chairman Aron read from Part III of the Environmental Assessment signed by George Frantz on September 6 , 1990 , which is . attached hereto as Exhibit = 21 Mr . King asked Mr . Carroll how much residential construction has occurred within 500 feet on either side of his property . Mr . Carroll responded that there has been none , to date . He said that he owns 6 . 9 acres of land in that parcel and the rest of it is bounded by agricultural land . As far he knows it is to remain what it is now , which is open land . Environmental Assessment MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that , in the matter of the Appeal of Bestview Ithaca , Inc . , requesting a variance from Article V , Sections 18 and 19 , of the Town of Ithaca Zoning Ordinance , to permit the operation of antique sales and restoration business in a 91648 square foot accessory building located at 1319 Mecklenburg Road , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . Ayes - Austen , Reuning , Aron , King , Hines . Nays - None . Chairman Aron asked Mr . Carroll to tell the Board exactly what he does at that location for his business . Mr . Carroll stated that . basically they are a retail sales outlet for antique furniture and they are also a restoration shop for antique furniture and that includes repair , stripping and refinishing . He said that they have two different stripping systems for the furniture . One is not considered flammable ; it is considered biodegradable by EPA regulations . The other one is flammable but that is in terms of waste materials drawn away by the Town of Ithaca 6 Zoning Board of Appeals September 12 , 1990 company according to regulation ; it is not dumped on the property , in no way is there residue on the property after the process . Chairman Aron asked Mr . Carroll how many employees he has in his business . Mr . Carroll stated that he has 5 employees at the present time and there is no intent to increase that number . He does not expect the business to grow from what it is today . After further discussion , Chairman Aron asked the Bca = 3 for a motion on the matter . _ MOTION By Mr . Edward King : SOL that the Town of Ithaca Zoning Board of Appeals finds the following : 1 that the Applicant would sustain a unique hardship if he were not permitted the continued use of the large building to the south of his residence for a limited business use such as has been conducted on the premises for the past 15 and more years . that the hardship is unique to him because of the existence of this large building and that it would be a financial hardship for him not to be able to make productive use of it such as this , which appears to be a low impact use at this time . 3D* that the continued use also is likely to insure the retention of the buildings in a better state of repair to deter their deterioration and if this Use Variance is granted it will not alter the essential character of the neighborhood . that because it is in a residential neighborhood , it would be wise to limit the variance to a period of three years with leave to the applicant to apply for an extension of that variance any time after two years from date . that if the productive use of these premises intensifies , the applicant should be required then to come back to the Board for a reconsideration of the variance . Town of Ithaca 7 Zoning Board of Appeals September 12 , 1990 (6 that no one appeared before the Board in opposition to the proposal . G . the business operation is not visible from the highway . AND , FURTHER RESOLVED , that the variance be granted with the following condition : 10 that there not be any significant changes in the nature of the operation from the application as submitted . Discussion follow e arding the time period that should be o ed for the variance . Mr . Hines stated that he wants it in the record that, if he votes for this Use Variance , it is because he could do so with a clear understanding that the owner of the property is amortizing this and Mr . Hines does not want to hear that Mr . Carroll has the same hardship 5 years from now as he does now . Mr . King argued that it is his view that there is nothing to be gained significantly for the Town or the surrounding lands to put Mr . Carroll out of business , now or 3 years or 5 years from now as long as the situation remains as it is at that location , pretty much totally undeveloped residential zone . Town Attorney Barney stated that to make an argument , he thinks there is a hardship by virtue of the unique characters of the buildings and the inability to use them for any other reasonable , functional use . That is an acceptable hardship . If the Board finds that hardship , then it is a permanent hardship . He said that most of the time the Board does not put time limits on it but he thinks what is happening here is that the Board wants to balance that hardship against what is going on in the surrounding area . Mr . Carroll explained that being young and naive and going in and buying that property and dealing with a very large parcel with a lot of buildings , he had no idea of what it would take to maintain that , not just in terms of the mortgage , but in terms of keeping it up . It is quite a project . That is why seven days a week for the last fifteen years , he has been working at it , in terms of running a business out of it . Mr . Carroll said that the buildings are there ; they exist . He stated that he is not seeking to amortize them ; he is seeking to pay for them somehow . Town of Ithaca Zoning Board of appeals September 12 , 1990 Mr . Carroll remarked that he does not understand , h ; mself , of what we have here , other than a :white elephant in a district where you can ' t use them but they are commercial buildings . Therefore , he stated , it is stuck with something that he is trying to make use out of . He said that he is trying to make use of buildings that do exist and they only exist for commercial purposes . Town Attornev stated t :^. at he thinks the Board can proceed on the basis of the finding of the hardship ; there is really no other feasible , economical use that would be permitted in the zone , other than a use of the. nature that Mr . Carroll is using . He thinks that is a sufficlent basis for the hardship issue . Mr . Austen stated that he thinks that was the Board ' s reasoning back in 1977 - 73 , because these buildings were there and to maintain them :without the use would be a tremendous hardship on someone and the Board felt that a low level business in there , being completely back from the highway , back . from any residence , that it would not deteriorate anything in the neighborhood and it was a way to provide enough income to maintain the buildings instead of letting them collapse like many buildings are in the county any more . Town Attorney Barney asked Mr . Carroll if he would consent to the 5 year limitation , with the opportunity at that time to reapply for a renewal . Mr . Carroll stated that actually he would appreciate 5 instead of 3 years . Town Attorney Barney suggested that the foll_ on_c conditions be added to the resolution : l 2 that the variance be permitted so long as the dwelling house on the property is occupied by one of the principals of the business . 0. that there be no outside storage of any materials , whatsoever . �4 that all of the stripping business related matters be conducted within the confines of the concrete block building . 5O. that there be no advertising of any nature , precluding the sign that is presently on the property . I. r Town of Ithaca 9 Zoning Board of Appeals September 12 , 1990 CO that the operation be limited to no more than 8 full - time persons , including the two principals involved with the operation of the business . Mr . King accepted Town Attorney Barney ' s conditions , with * the exception of Item 75 . Sir . Austen seconded the Motion as agreed to by Mr . King , The voting on the Motion was as follows : Ayes - King , Austen , Hines , Reuning , Aron . Nays - None . The Motion was carried unanimously . The meeting adjourned at 8 : 25 p . m . Connie J . Holcomb Recording Secretary APPROVED : r c r Henry Aron , Chairman "ToFm of Ithaca " '� � 2 "�J 3 ( 8 Zoning Board of Appeals QCj �1 . ] e �� � 1 1 . October 11 , 1995 � Chairman Austen read the letter from the Tompkins County Department of Planning . ENVIRONMENTAL ASSESSMENT Mr . Kanter noted that he hadn ' t gotten to the bottom line yet but , based on the review of the material submitted for the proposed action , a negative determination of environmental significance is recommended by the staff . Chairman Austen asked for a motion on the environmental assessment . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala . RESOLVED , that the Board make a determination of negative environmental significance for the property at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28 - 1 - 26 : 6 , based on the review by Town of Ithaca Planner II JoAnn Cornish on October 5 , 19956 Chairman Austen asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . With no one else present to speak , Chairman Austen closed the public hearing . He then asked for a motion on the appeal . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala . RESOLVED hat , in regard to the appeal of Michael J . Carroll , for the property at 1319 Mecklenburg Road , the Board grant a continuation of the variance from Article V . Section 1019 , of the Town of Ithaca Zoning Ordinance , to continue to permit the operation of antique sales and restoration business . This variance also allows the expanded use of multiple dealers in the business , with the following findings and conditions : This approval is based on the fact that there has been no complaints from the neighbors . &. 2 The change in the economy is such that the ability to continue to operate as a sole enterprise is hindered considerably and , in order to maintain a viable operation , it ' s necessary to allow the acceptance on consignment of antiques from other antique dealers . 3 There won ' t be any significant change in the nature of the operation from the application as submitted and as revised and allowed at this meeting . 04 The owner must continue to maintain residence there . 5 There will be no outside storage of materials whatsoever . 6 . All the stripping business - related matters must be conducted within the confines of the concrete block building . Town of Ithaca 9 Zoning Board of Appeals ' October 11 , 1995 The operation must be limited to no more than eight full - time persons , including the one principle involved in the operation of the business . D80 There will be no advertising of any nature , other than the sign that is permitted on the property . 99 These findings were made at the Zoning Board meeting on September 12 , 1990 , and are adopted here for a five - year period . Chairman Austen asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . The final appeal to be heard by the Board was as follows : APPEAL of Andrew Ezergailis , Appellant , requesting a variance from the requirements of Article V . Section 21 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a single - family residence with a south side building property line setback of 30 ' ( 40 ' required ) , at 1157 Danby Road , Town of Ithaca Tax Parcel No . 36- 2- 17 , Residence District R- 30 . Mr . Frost clarified that their original building permit application , which they issued , showed what he thought to be a 30 ' setback . The Zoning application , which the Board has before them , and on which he has made a big note , shows a 37 ' setback . He thinks they need to clearly establish what the actual setback is during this meeting . As in past cases , there should be a letter in the packets that will better clarify the purpose of being here tonight . Chairman Austen noted that this is the property , if he remembers right , that they were trying to have the building , the garage and the house adjoined . Mr . Ezergailis said yes . Chairman Austen added that it would have solved the problem of the side lot . Mr . Frost stated that one of the options they had offered Mr . Ezergailis when they issued the building permit , per their interpretation , was that a house with an attached garage can have a setback of 15 ' . Their feeling was that , with the room addition on the south side of the property , if he attached it to his garage , the setback of the house became somewhat insignificant and the setback from the garage to the property line became significant . In the end , for whatever reason Mr . Ezergailis will explain , he did not attach the house to the garage . This left them with the opinion that the house , therefore , had to be a 40 ' setback and that ' s what he ' s appealing now . Air . Scala asked if the setback now is 37 ' or 30 ' . Mr . Frost said his guess is that it ' s 30 ' . Mr . Ezergailis said it is 37 ' because he has measured it . The 30 ' setback was in the original request for the permit . That was only an estimate . He had not fully measured it . He had only measured it approximately . Just to make sure he is right about that , if they look at the setback from the corner of the garage to the line , he has it 17 . 6 ' now and he had to have it 15 ' to get the permit . Mr . Frost said the original permit was in 1994 . Air . Ezergailis said that ' s correct . Mr . Frost added that they have twice renewed his permit . Air . Ezergailis said they measured at that time and decided if the garage is more than 15 ' off the line , consequently he could build an addition with a connecting structure to the garage . That , itself , would indicate that it ' s 37 ' rather than 30 ' . (,i e _ , Z. PLOT PLAN - ' I N FORMATION TO BE SFMN : - V 1 . Dimensions of lot . 4 . Dimensions and location ofiip�ropos�edjstructure ( s) or 2 . Distance of structures from : or addition( s) . t;;G4 a . Road , 5 . Nanes of neighbors who bo ' . d ot . 1 j b . Both side lot lines , 6 . Setback of neighbors . TOWN OF ITHACA c . Rear of lot : 7 . Street name and nurrber . PANNING , ZONING , E GINEERING 3 . North arrow . 8 . Show-:sex i st i ng structures In contras �J ,T �Lopr7 O N Q 4, C. G' C) g So L)k VA �5 I ti� I L_ cur 4,/Nf�D 6v- 5 y" / 547 To xo Q i ' -z FD ' TJ 7on �lo � 1 �r f 6 i Signature of Owner/Appellant : [;, �— � �^'�-- Date : '1 a y S: Ignature of Appel ] ant / Agent: a__ .- .. . . . - e : Town of Ithaca Planning Department 215 North Tioga Street Ithaca, New York 14850 (607) 273 = 1747 AGRICULTURAL DATA STATEMENT In accordance with Section 283 =a of the New York State Town Law, the .Town of Ithaca will use the data in this statement to assist in evaluating the impacts of proposed development projects on farm operations in Agricultural Districts , 1 . Name of Applicant . l Address: 2 , Project Name/Location: 30 Description of proposed project. v S s- b `�' ( � ` 10 <'a (k1z4 cn^ 't� 4 . 1 Tax Parcel Number(s) 5 . Number of total acres involved with project: 6 . Number of total acres presently in Tax Parcel "7 7 . How much of the site is currently farmed?. Acres 84 Please identify who is farming the site . 90 Please indicate what your intentions are for use of the remainder of the property, over: Five years : Ten years : � n Twenty years: 10 . Who will maintain the remainder of the property not being used for this development? Revised 11/03/04 Y page 1 of 2 11 . Please indicate crop(s) or vegetational cover for the site 12 . Are there any drainage ways or underground tile systems located on the site? Wi-1-1-this-project-alter-existing drainage patterns? — Ifyes,- please escribe Be Is the parcel included in a farm plan prepared by the Tom kins County Soil and Water District of the USDA Soil Conservation Service?.� Are federally funded cost sharing practices in place for the parcel? Name of program(s) . 14 . Is the parcel currently granted an agricultural tax exemption? Yes No Signature of Applicant: �/ Date: z o * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FOR TOWN USE ONLY : NOTE : This form and a map of the parcel(s) should be mailed to County Planning as part of the GML in and n referral. It should also be mailed to property owners within 500 feet of the property boundary along with the Notice of Public Hearing (Attach list of property owners within 500 feet). Name of Staff Person - Date Referred to County Planning - Page 2 of 2 Revised 11/03/04 Property Description Report For 1319 Mecklenburg Rd in Ithaca(Town) Page 1 of 2 Property Description Report For 1319 Mecklenburg Rd in Ithaca (Town) Owner Information Shuler, Colleen 1319 Mecklenburg Rd #5 Ithaca NY 14850 Colleen Shuler Status Active Roll Section Taxable Swis 503089 Tax Map#: 28.-1-26.6 Zoning Code Site 1 Neighborhood 30020 Property Class Unknown Land Assessment $31,000 Total Assessment $185,000 Total Acreage 7.26 School District Ithaca Deed Book 2506 Deed Page 3269 Structure Area Building Style Old Style Living Area 3,541 sqft Bathrooms 3.5 First Story Area 2,388 sqft Bedrooms 6 Second Story Area 0 sqft Kitchens 3 Half Story Area 1,153 sqft Fireplaces 0 Additional Story Area 0 sqft Overall Condition Normal 3/4 Story Area 0 sqft Overall Grade Average Finished Basement 0 sqft Porch Type Porch, Covered Number of Stories 1.5 Porch Area 64 sqft Year Built 1860 Basement Type Crawl Basement Garage Cap 0 Attached Garage Cap 0 Utilities Last Sale Sewer Type Private Sale Date 05/02/2002 Water Supply Comm/Public Sale Price $104,000 Utilities Gas/Elec Valid 0 Heat Type Hot Water/Steam Arms Length N Fuel Type Unknown Prior Owner Wright, Joyce T Central Air No Improvements Structure: PORCH, COVERED Grade: Average Condition: Normal Size: 0 x 0 Year: 1860 Structure: PORCH, COVERED Grade: Average Condition: Normal Size: 0 x 0 Year: 1860 http://asmsdg.tompkins-co.org/imate/printable.asp?img=http://asmsdg.tompkins-co.org/i... 10/19/2005 Property Description Report For 1319 Mecklenburg Rd in Ithaca (Town) Page 2 of 2 Structure: PORCH, ENCLOSED Grade: Average Condition: Normal Size: 0 x 0 Year: 1860 Structure: PORCH, SCREEN Grade: Average Condition: Normal Size: 0 x 0 Year: 1860 Land Types Land Type: Primary Acreage: 1.00 Size: 0 x 0 Special Districts Code Description Units Percent Type Value ITHACA FIRE PROT ITHACA WATER ITHACA SEWER SOLID WASTE FEE APT. 3 SOLID WASTE FEE OTHR 75.92 SOLID WASTE FEE RES. 1 Exemptions Code Description Amount Exempt% Start End Vflag Hcode Own% STAR B $32,800 2003 http://asmsdg.tompkins-co.org/imate/printable.asp?img=http://asmsdg.tompkins-co.org/i... 10/19/2005 L �� I'. m w � m W x CD RAC F}P RSQ N WAY - I � • I - . rn n U Pr- OD w s� z 0 o ➢W ni D I � v LINDERMANCRE K I N 0 i q NIFER LAS d� p O oy Ci]NIFf:RCIR N O — 7 (� < m O Z i,- Ez K r r r r - m 0 0 D A C-) C v o 0 71 1 C� C7 T T C) O O o a D I D a N c� o -. aO I� nisi m v z 0 O m C) N O O cn Ton�pki>a �Gountp DE MEN T OF PLANNING rt \Las*121 Court Street�� Edward C. Marx, AICP Ithaca,a York 14850 Commissioner of Planning 4 k Telephone (607) 274-5560 and Public Works Fax (607) 274-5578 O October 25 , 2005 OG 12 8 M Mr. Andy Frost, Building/Zoning Officer Town of Ithaca TOWN OF ITHACA 215 N. Tioga Street BUILDING /ZONING Ithaca, NY 14850 Re : Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Use Variance, City Lights Antiques, 1319 Mecklenburg Road, Tax Parcel No. 28 .- 1 -26 .6 Dear Mr. Frost: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter- community, or county-wide impacts . Please inform us of your decision so that we can make it a part of the record. Sincerely, L Edward C . Marx, AICP Commissioner of Planning and Public Works o� OFIP _ TOWN OF ITHACA � z to 2t = - 41 � 215 N . Tioga Street, ITHACA , N . Y . 14850 �v N� 0 TOWN CLERK 273 - 1721 ENGINEERING 273 - 1747 PLANNING 273 - 1747 BUILDING AND ZONING 273 - 1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273 - 1656 FAX (607) 273 - 1704 Application for Appearance in front of the Zoning Board of Appeals For Office Use Only For office Use only Fee $ 100 Property is located within or adjacent to Date Received County Ag District CHECK ALL THAT APPLY UNA 4E s orCheck No Area Variance CEA Zoning District Use Variance Forest Home Historical District Special Approval Requesting an appearance to be allowed to e.)c D CA.•rk O� ro � c. �{ J r• {- [� tQ +C) Cc Svn ;at 13 « M CLI, U t b u--cfi ej . Town of Ithaca Tax Parcel No . oZ- O " 2 w , as shown on the accompanying application and/or plans or other supporting documents, under Article(s) Section(s) of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Application Form . A description of the practical difficulties and unnessary hardship and/or the Special Approval authorization request is as follows : (Additional sheets may be attached as necessary . ) J po r— c,f 6-y. +tom P � Cj ., Uc. r�i4 e ° IM 3 h �dl u ►� �— t3 4-ei c� � Y —S&6 t, Gam- Vii. r'i Cr n c_�_ � vr-� -} i � -� a t- _ � �c co- 1'Ut1 , ►'L ►•la co^s+. . � cF�o�- o � r�r , o �c. fioh By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to s T- enter my property to inspect in connection with my application . -17, Signature of Owner/Appellant : &rt Date : Signature of Appellant/Agent Date : Print Name Here Home Telephone Number Z L �7 ' 3G ° 3 Work Telephone Number ( 07 L 2 7 - 0-0 3 NOTE : If construction of work in accordance with any variances given does not commence within 18 months , the variance will ex ire. Your attendance at the meeting is advised . Revised 05/26/04 Zoning Board of Ithaca Town Hall Ithaca, NY 14850 Oct. 21 , 2004 Dear Zoning Board of Appeals, The property known as The Inn @ City Lights, located at 1319 Mecklenburg Rd. #5 Ithaca, NY 14850, has been granted a variance by The State of New York Codes Division to operate a bed and breakfast with 3 guest suites and 2 additional guest bedrooms. With recent approval ( 10/ 19/04) from Town of Ithaca Planning Board to "expand" our operations slightly from 3 "sleeping areas" to 4 "sleeping areas", we are now seeking a variance to create a 5th "sleeping area" (actually just one bedroom) to accommodate more guests, not exceeding 10 guests in total . All cooking devices have been permanently removed from all guest suites, and other relevant safety issues have been dealt with successfully as mandated by. State and Local codes, and as stated below. In seeking to create a sustainable income to support this large and costly property, it is an absolute necessity to "expand" for economic survival . Hence, at this time, we are seeking acceptance of TWO "new" bedrooms, thereby creating a 5-bedroom bed & breakfast. We are seeking a Variance from The Town of Ithaca Zoning Board of Appeals to accept the ceiling heights of 7 ft. 3 inches in these two "new" bedrooms (actually old and original to the structure), as the renovations of these areas, i .e. raising of the ceilings, would result in physical and economic hardship, by creating a very lengthy renovation, with a very large mess, in essence rendering the rest of the house unusable until theoretical renovations are complete. This is just not possible at this time. Perhaps, after a few years of business, we MIGHT be able to afford to make these physical changes, thereby raising the ceilings in these two rooms to meet code. As stated above, NY State has already granted The Inn the approval of 5 bedrooms, with recent approval by the Planning Board for the FOURTH ROOM, and, currently, we are seeking a variance from the Town of Ithaca Zoning Board for the FIFTH ROOM. We have successfully accomplished the needed changes as required by The State and The Town, for these additional rooms, as follows. We have installed interconnected smoke alarms at no small expense, emergency lighting in the common hall, we have raised the main stairs' handrail level to meet safety standards and provided emergency chain ladders in upstairs bedrooms, as required, complying with the applicable Town and State codes. We have removed all cooking appliances from areas previously known as " kitchens". We also enforced a strict NO SMOKING policy in and around the entire house . There is adequate parking for much more than 5 cars on this property. We feel this "expansion" will have no environmental impact, as these rooms were previously used as full-time apartments and living quarters, and since turning them into Bed & Breakfast rooms, their use is for transient lodgers and NOT full time tenants. Hence all utilities and systems are utilized with much less frequency. We thank you for your time and consideration. Sincerely, Colleen Shuler / Evan Eisenberg The Inn @ City Lights 1319 Mecklenburg Rd. #5 Ithaca, NY 14850 607-227-3003 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To he completed by Applicant or Project Sponsor) 1 . Applicani/Sponsor 2 . Project Name (2r C ; t�-� L, t S 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : ) Tax Parcel Number : 4. Is proposed action : NEW ? EXPANSION ? MODIFICATION/ALTERATION ? 5. Describe project briefly : ( Include project purpose, present land use, current and future construction plans, and other relevant items) : (Attach separate sheet( s) if necessary to adequately describe the proposed project .) 6 . Amount of land affected : Initial ) (0-5yrs) '✓ Acres (6- 10yrs) (> 10 yrs) Acres 7 . How is land zoned presently? 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly : 9. Will proposed action lead to a request for new : Public Road ? YES NO C Public Water? YES NO e Public Sewer? YES NO 10. What is the present land use ' the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/ Forest/Open Space Other Please Describe : 11 . Does proposed action involve a permit, approval , or funding, now or ultimately from any other governmental agency (Federal, State, Local ?) YES_; NO -To Z ��VNAI Fe-VS•4h If yes, list agency name and permit/approval/funding : -V= Q ''� ` �� Cur�' rt t nnA'�`}e xc� + . � e nr�F corps 'l _vn s � a 3 1 Z ��c. _ c 1, Aru ✓o l b .� n�i :,, •-.otI •{ rte; .v� S 12. Does any aspect of the pr posed action have a currently valid permit or approval ? YES 4.NO If yes, list agency name and permit/approval . Also, state whether it will require modification . X22 tl CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name ( Print or Type) : Signature and Date : ( , L' ��f IL /l f / 0 Revised 05/26/04 PART II = ENVIRONMENTAL ASSESSMENT (To be completed by the Town; 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 NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may 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) C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : 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 area, 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. C5. 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 -05? Explain briefly: See Attached. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : See Attached. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff , CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (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 material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here 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. X Check here 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. Town of Ithaca Zoning Board of Anneals Name of Lead Agency Preparer' s Signature( If different from Responsible Officer) Kirk Sigel, Chairman N e & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Signs re of Responsibk Officer in Lead�Agency f 1:104 PART II — Environmental Assessment: The Inn at City Lights 1319 Mecklenburg Road Use Variance Town of Ithaca Zoning Board of Appeals 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: C1 . 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? By increasing the number of guest rooms from the four allowed by special permit to five, there will be an increase in vehicular traffic accessing the property. Yet the increase in vehicles is not likely to have a significant impact on traffic patterns on Mecklenburg Road because the increase is so small . Because the bed and breakfast units are intended for transient guest use and not full-time occupancy, it is unlikely that the addition of a bedroom to the bed and breakfast will have a significant impact on the amount of solid waste generated or the need for public services . Furthermore, because no new construction is anticipated from this expansion and adequate parking already exists on the site, no problems regarding drainage, flooding, water quality, or erosion are anticipated. C2 . Aesthetic, agriculture, archeological , historic, or other natural or cultural resources , or community or neighborhood character? None Anticipated. C3 . Vegetation or fauna, fish, shellfish 'or wildlife species , significant habitats, or threatened or endangered species? None Anticipated. C4. The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of land or other natural resources? The expansion of the bed and breakfast conforms to the Town' s specifications of special uses permitted within a Low Density Residential Zone, as outlined in § 270-55 of the Town of Ithaca General Code. C5 . Growth subsequent development, or related activities likely to be induced by the proposed action? None Anticipated. 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. — Staff Recommendation , Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed . Lead Agency: Town of Ithaca Zoning Board of Appeals Reviewer: Nicole Tedesco , Planning Intern Review Date: October 15 , 2004 FILE DATE ADOPTED RESOLUTION . PB RESOLUTION NO. 2004-102 Special Permit The Inn @ City Lights 1319 Mecklenburg Road Tax Parcel 28 -1 -26 . 6 Town of Ithaca Planning Board , October 19 , 2004 MOTION made by George Conneman , seconded by Rod Howe . WHEREAS . 1 . This action is the consideration of Special Permit from the Town of Ithaca Planning Board for The Inn at City Lights , located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel 28- 1 -26 . 6 , Low Density Residential Zone . The proposal includes expanding within the existing bed and breakfast structure from the current three guest units to five guest units . No new construction or renovation is proposed to utilize these additional two rooms . Colleen Shuler, Owner/ Applicant, and 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting as Lead Agency in environmental review with respect to Special Permit Approval , has , on October 19 , 2004 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant, and a Part II prepared by Town Planning staff, and 3 . The Planning Board , at a public hearing on October 19 , 2004 , has reviewed and accepted as adequate various other application materials . NOW THEREFORE BE IT RESOLVED . 1 . That the Planning Board hereby grants a Special Permit to allow the use of the structure known as "The Inn at City Lights , " located at 1319 Mecklenburg Rd , Town of Ithaca Tax Parcel 28- 1 -26 . 6 , Low Density Residential Zone , as a bed and breakfast of up to five guest units as provided for in the Town of Ithaca General Code §270- 55 ( Principal uses authorized by special permit only , Low Density Residential Zone) and §270-5 ( Definition , Bed and Breakfast) , finding that the standards of §270-200 , Subsections A- L , of the Town of Ithaca Code , have been met , subject to the following conditions : a) Compliance with all applicable building codes , including the specifications of the Syracuse Board of Review, in their review of the petition (#2004- 0114) by the applicant for a variance to the New York State Uniform Fire Prevention and Building Code , including the prohibition of cooking in the PB RESOLUTION NO. 2004- 102 PAGE 2 bed and breakfast units , of the installation of kitchenettes or cooking equipment in these units , and of smoking within the building , and b) Granting of the necessary variance by the Zoning Board of Appeals to increase the number of guest units to no more than five . The vote on the motion resulted as follows : AYES : Wilcox , Hoffmann , Conneman , Thayer, Howe . NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA, I , Carrie Coates Whitmore , Town G !eFWDeputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 19th day of October 2004 , Town GI Depu Town Clerk Town of Ithaca PLOT PLAN --- , INFORMATION TO BE SHOWN : -- 1 , Dimensions of lot . 4 . Dimensions and location o Lt d structure ( s� or 2 , Distance of structures from : or addition ( s ) . I a . Road , 5 . Nanes of neighbors who bo b . Both side lot 1 i nes , 6 . Setback of ne 1 ghbors . N Or ITHACA c . Rear of lot : 7 . Street name and number . ONING , E GiNEERING 3 , North arrow . 8 . Show.. /existing structures In contras �J T 4O} ' N 6 4- �. F�L L0 ID 7tv0Ci- � 5 i i bow f V o io R � e >� Ctrs Aed ' ` 547 � TO - vJttg T Z o —� -ry Oor� 1 m� Flo ate. \9 (! 700 } > /o K Signature of Owner/Appel ] ants [,,, .P�_ � �'^'�'— Date : I qfo Z 5ignature, of Appellant /Agent:: . . . . . :. , . .. . . .. . . Da .. _ Town of Ithaca Planning Department 215 North Tioga Street Ithaca , New York 14850 (607 ) 273 - 1747 AGRICULTURAL DATA STATEMENT In accordance with Section 283 -a of the New York State Town Law , the Town of Ithaca will use the data in this statement to assist in evaluating the impacts of proposed development projects on farm operations in Agricultural Districts . 1 . Name of Applicant : Cc, Q e- .-, Address : i 3 ( g (V� 4cc- � 42�"- bV *!,,A 2 . Project Name/Location : jj t— -J :- CO CI C- 3 . Description of proposed project . r \ 6%t ua 'v" Sip cc, u t C�)Dp ra,v�& ( r�� f( � Vg rA : '� (jo c� cc l 46 r��1 a -nor rod S j c�S +— u •- .� �o J n d.c S - roc - C%' �—�..s, �-O ,.i .� ,; � 1 {-►-. �-c._�•— -ty a�l� � vim— j �. s -F-- rvz� r►'� -r-� w-o- Kx TL_;_ _ � � 4 . Tax Parcel Number( s) .2 rof — I - z (a - 5 . Number of total acres involved with project : 6 . Number of total acres presently in Tax Parcel 7 . How much of the site is currently farmed ? Acres 8 . Please identify who is farming the site . (� 9 . Please indicate what your intentions are for use of the remainder of the property, over : Five ears : ccj n+: Y-vv z *6 05 .. Ten years : �lusS � y � � - chE'••� ,-.� y � e s �, �, � Twenty years : 10 . Who will maintain the remainder of the property not being used for this development? page 1 of 2 Revised 05/26/04 11 . Please indicate crop(s) or vegetational cover for the site 12 . Are there any drainage ways or underground tile systems located on the site ? Will this project alter existing drainage patterns ? If yes , please describe 13 . Is the parcel included in a farm plan prepared by the Tompkins County Soil and- Water District of the USDA Soil Conservation Service? ✓� Are federally funded cost sharing practices in place for the parcel ? ^ a Name of program (s) . 14 . Is the parcel currently granted an agricultural tax exemption? Yes No Signature of Applicant : � i�/� �'�— Date : to e wo FOR TOWN USE ONLY : NOTE : This form and a map of the parcel(s) should be mailed to County Planning as part of the GML in and n referral . it should also be mailed to property owners within 500 feet of the property boundary along with the Notice of Public Hearing (Attach list of property owners within 500 feet) . Name of Staff Person - Date Referred to County Planning - Page 2 of .? Revised 05/26/04 STATE OF NEW YORK DEPARTMENT OF STATE 4 1 STATE STREET ALBANY , NY 1 223 1 -000 1 CAF�€RE�& OW-ASYRACUSE BOARD OF REVIEW F ANDY A . DANIELS GOVERNOR SECRETARY OF STATE In the Matter of the Petition of: DECISION Colleen Shuler For a Variance to the New York State Uniform Fire Prevention and Building Code PETITION NO . 2004-0114 Upon the application of Colleen Shuler, filed pursuant to 19 NYCRR 1205 on March 17 , 2004 , and upon taking testimony and hearing argument thereon at a duly noticed hearing before the Capital Region - Syracuse Board of Review held at the offices of the Department of State , 333 East Washington Street, Syracuse , New York , on March 18 , 2004 , and upon all other papers in this matter , the Board makes the following determination : NATURE OF GRIEVANCE AND RELIEF SOUGHT The petition pertains to the conversion with associated alterations of a one-family dwelling to, a bed and breakfast dwelling , Type VB (combustible ) construction , two stories in height, approximately 4 , 828 square feet in gross area , to be known as "The Inn at the City Lights ," located at 1319 Meckleburg Road , Mailbox No . 5 , Town of Ithaca , ' County of Tompkins , State of New York . The petitioner is seeking relief from : 19 NYCRR Part 1220 , The Residential Code of New York State, Appendix J Section RAJ701 . 3 , which requires the means of egress include at least one of the following alternatives : 1 . A special sprinkler installation protecting all interior stairs serving as a means of egress ; 2 . An exterior stair conforming to the requirements of Section R314 . 1 and Section R314 . 2 of this code , providing a second means of egress from all above grade stories or levels ; or 3 . An opening for emergency use conforming to the requirements of Section R310 of this code within each bedroom for transient use , such opening to have a sill not more than 14 feet above level grade directly below and , as permanent equipment , a portable escape ladder that attaches securely to such sill . Such ladder shall be constructed with rigid rungs designed to stand off from the building wall , shall be capable of sustaining a minimum load of 1 , 000 pounds , and shall extend to and provide unobstructed egress to open space at grade . [The petitioner requests a means of egress for three of the five guest rooms that is not one of the WWW . DOS , STATE , NY . US • E-MAIL : INF0@1D05 . 5T4TE , NY . US ?ECYCLEO Rope ? Petition No . 2003-0114 Page 2 ' alternatives listed .] FINDINGS OF FACT 1 . The petitioner plans to convert an existing home that was constructed in the 1860's to a bed and breakfast dwelling . It is indicated that there will be not more than five guest rooms for not more than ten transient lodgers . The plan is to have three guest suites, each of which will include a bedroom , sitting room and a bathroom . One of these suites will be located on the first story and the remaining two will be on the second story . Two additional guest bedrooms are planned on the second story . 2 . The egress door from the first story suite wily open into the lower landing of the building 's only interior stairway between the first and second stories . The landing opens to the grade level front door through a vestibule . 3 . The egress doors from one of the two second-story suites will open directly onto an upper level deck with an exterior stairway extending down to grade . The egress door from the other suite will open into a parlor from which a door will directly access the upper landing of another exterior stairway . 4 . Egress from the two second -story sleeping rooms will each be provided with emergency escape ladders , as t specified in Section RAJ701 . 3 . 5 . It has been testified that the code enforcement official for the Town of Ithaca supports the variance requested provided there are no kitchenettes or cooking in the suites , and the fire marshal of the Ithaca Fire Department supports the variance request with the understanding that the smoke alarms installed throughout the building comply with 19 NYCRR Part 1220 , The Residential Code of New York State, Appendix J Section RAJ701 .4 . 6 . The petitioner has also stated that no smoking is permitted in the bed and breakfast dwelling , and that they are intending to install emergency lighting to enhance exiting the building in the case of a power failure . CONCLUSIONS OF LAW Strict compliance with the provisions of the Uniform Fire Prevention land Building Code would entail practical difficulties or unnecessary hardship and would entail a change so slight as to produce a negligible additional benefit consonant with the purposes of the Code . DETERMINATION WHEREFORE IT IS DETERMINED that the application for variance from 19 NYCRR Part 1220 , Appendix J Section RAJ701 . 3 , be and is hereby GRANTED with the following conditions : 1 . That cooking shall not be allowed in the bed and breakfast suites and that no kitchenettes or cooking equipment be installed in these suites . Petition No . 2003-0114 Page 3 2 . That the requests of the code enforcement official and the fire marshal of the Ithaca dire Department be ' complied with as well . 3 . That no smoking be permitted in the building . 4 . That the subject building shall comply in all other aspects with the applicable provisions• of the New York State Uniform Fire Prevention and Building Code . Furthermore , it should be noted that the decision of this Board is limited to the specific building and application before it , as contained within the petition , and should not be interpreted to give implied approval of any general plans or specifications presented in support of this application . Chairman George Maney and members Richard Lafferty, Robert Almy, Sal Vanno , and Mark Dedrick all concur . So ordered . Capital Region - Syracuse Board of Review y: Gia6rge Mane- y, Chairman Date: JNW :jnw Property Description Report For 1319 MECKLENBURG RD in Ithaca(Town) Pagel of 2 Property Description Report For 1319 MECKLENBURG RD in Ithaca (Town) Owner Information SHULER, COLLEEN 1319 MECKLENBURG RD #5 ITHACA NY 1485000LLEEN SHULER Status Active Roll Section Taxable Swis 503089 Tax Map#: 28.-1-26.6 Zoning Code Site 1 Neighborhood 30020 Property Class 3 Family Residence Land Assessment $36,700 Total Assessment $200,000 Total Acreage 7.26 School District Ithaca Deed Book 2506 Deed Page 3269 Structure Area Building Style Old Style Living Area 3,541 sqft Bathrooms 3.5 First Story Area 2,388 sqft Bedrooms 6 Second Story Area 0 sqft Kitchens 3 Half Story Area 2,306 sqft Fireplaces 0 Additional Story Area 0 sqft Overall Condition Normal 3/4 Story Area 0 sqft Overall Grade Average Finished Basement 0 sqft Porch Type Porch, Screen Number of Stories 1.5 Porch Area 80 sqft Year Built 1860 Basement Type Crawl Basement Garage Cap 0 Attached Garage Cap 0 Utilities. Last Sale Sewer Type Private Sale Date 05/02/2002 Water Supply Comm/Public Sale Price $104,000 Utilities Gas/Elec Valid 0 Heat Type Hot Water/Steam Arms Length N Fuel Type Unknown Prior Owner WRIGHT, JOYCE T Central Air No Improvements Structure: PORCH, COVERED Grade: Average Condition: Normal Size: 64 x 0 Year: 1860 Structure: PORCH, COVERED Grade: Average Condition: Normal Size: 108 x 0 Year: 1860 http://asmsdg.tompk i ns-c o.org/i mate/pri n tab 1 e.asp?i mg=http://asmsdg.tompkins-c o.org/imate i mage s/... 7/20/04 Property Description Report For 1319 MECKLENBURG RD in Ithaca (Town) Page 2 of 2 Structure: PORCH, ENCLOSED Grade: Average Condition: Normal Size: 28 x 0 Year: 1860 Land Types Land Type: Primary Acreage: 1.00 Size: 0 x 0 Special Districts Code Description Units Percent Type Value ITHACA FIRE PROT ITHACA WATER ITHACA SEWER SOLID WASTE FEE APT. 3 SOLID WASTE FEE OTHR 75.92 SOLID WASTE FEE RES. 1 Exemptions Code Description Amount Exempt% Start End Vflag Hcode Own% STAR B $30,000 2003 http://asmsdg.tompkins-co.org/imate/printable.asp?img=http://asmsdg.tompkins-co.org/imateimages/... 7/20/04 Y CA WW ^� rn i - is 11 0 CD Ol I W \ 1 m =r- 1 \ T' !+w� CL I CD I n I O OD CA W N m Z N N �(o < p O Zi�: K K r r r r — 2 C7 C7 D o o o C v m z o vn � = o � on on G1 v (° , -a. CZ zT F ° ° O & CL Z In m I?1 Z O ro f D CD c cn m < I � r N O O n O A TOWN OF I.THACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, AUGUST 19, 2002 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 Monday, August 19, 2002 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY , COMMENCING AT 7 : 00 P .M. , on the following matters : APPEAL (Adiourned from May 20, 2002 ) of Town of Ulysses , Appellant, Doug Austic, Agent requesting a variance from the requirements of Article IV, Sections 14 and 16 of the Town of Ithaca Zoning Ordinance to be permitted to construct a municipal water pumping station on an 8225 f square foot lot ( 15 , 000 square feet required) with a 73 . 74 + foot lot depth ( 150 feet required), located at 133 Woolf Lane, part of Town of Ithaca Tax Parcel No. 23 - 1 - 11 . 134 , Residence District R- 1 5 . Said building will have a 15 ± foot front yard building setback (25 ± feet required). APPEAL of Francis Paolangeli , Appellant, requesting a variance from the requirements of Article IV, Section 16 of the Town of Ithaca Zoning Ordinance, to be permitted to create a building lot, by subdivision, with a lot depth of 137 ± feet ( 150 feet required) on a portion of Town of Ithaca Tax Parcel No. 60- 1 -25 .2 fronting on Wildflower Drive, Residence District R- 15 . APPEAL of Randy Hall , Appellant, requesting a variance from the requirements of Article VII, Section 38 (8) and Article XIII, Section 66 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain outside display of goods for sale with said display being located within the open space of a required front yard setback at the Quick Cash Auction House located at 635 Elmira Road, Town of Ithaca Tax Parcel No, 35- 1 -21 , Business District C. APPEAL of Robert Lynott, Appellant, Brooke Greenhouse, Agent, requesting a variance from the requirements of Article IV, Sections 14 and 16 of the Town of Ithaca Zoning Ordinance, and Section 280A of New York State Town Law, to be permitted to construct a single-family residence on a parcel of land fronting on a private road located at Hillcrest Drive, Town of Ithaca Tax Parcel No. 26-445 , Residence District R- 15 . The proposed building will not have a front yard facing a Town, County, or State highway. APPEAL of Pravin Patel , Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing residential building with a 9.3 foot west side property line setback ( 15 feet required for a residence and 10 feet for a garage) at 198 King Road East, Town of Ithaca Tax Parcel No. 44- 1 -4 .34 , Residence District R- 15 . APPEAL of Colleen Shuler, Appellant, requesting a variance from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to operate a bed and breakfast facility at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 28- 1 -26. 6, Residence District R-30. Bed and breakfasts are otherwise not permitted uses in residential zones . 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 : August 6, 2002 Published : August 12 , 2002 FILE DATE ZB RESOLUTION NO . 2002-057 : Colleen Shuler, 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28-1 -26 . 6 , Residence District R-30 . MOTION made by Ronald Krantz , seconded by Harry Ellsworth . RESOLVED , that this board grants the appeal of Colleen Shuler , Appellant , requesting a variance from the requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to operate a bed and breakfast facility at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 , Residence District R-30 . Bed and breakfasts are otherwise not permitted uses in residential zones . FINDINGS : a . The requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance have been met . b . It is necessary to open a bed and breakfast in order to support this property . c . There is a history of commercial use with this property by past owners . d . Past commercial uses have not brought in sufficient funds to maintain this property . e . Buildings on the property have been neglected of upkeep . f . The particular location of the property is such that it is not likely to adversely affect the neighborhood by operating a bed and breakfast . CONDITIONS : a . Will encompass no more than three guests at a time . b . Meets applicable building codes . The vote on the motion resulted as follows : AYES : Ellsworth , Krantz , Niefer, Dixon NAYS : None The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I , Lori Quigley , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 19th day of August 2002 . Deputy Town Wry ZONING BOARD OF APPEALS AUGUST 19 , 2002 APPROVED MINUTES Attorney Barney - The particular location of the property is such that it is not likely to adversely affect the surrounding neighborhood by operating a bed and breakfast . Without operating the bed and breakfast , the property would not survive . . . (comments not audible ) Vice Chairperson Ellsworth - I ' ll second that . All those in favor? Board - Aye . Vice Chairperson Ellsworth - Opposed ? None . ZB RESOLUTION NO . 2002 -057 : Colleen Shuler, 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28 -1 -26 . 6 , Residence District R -30 . MOTION made by Ronald Krantz , seconded by Harry Ellsworth . RESOLVED , that this board grants the appeal of Colleen Shuler, Appellant , requesting a variance from the requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to operate a bed and breakfast facility at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No , 28- 1 -26 . 6 , Residence District R-30 . Bed and breakfasts are otherwise not permitted uses in residential zones . FINDINGS : a . The requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance have been met . b . It is necessary to open a bed and breakfast in order to support this property . c . There is a history of commercial use with this property by past owners . d . Past commercial uses have not brought in sufficient funds to maintain this property. e . Buildings on the property have been neglected of upkeep . f. The particular location of the property is such that it is not likely to adversely affect the neighborhood by operating a bed and breakfast . CONDITIONS : a . Will encompass no more than three guests at a time . b . Meets applicable building codes . The vote on the motion resulted as follows : AYES : Ellsworth , Krantz , Niefer, Dixon NAYS : None 43 ZONING BOARD OF APPEALS AUGUST 19 , 2002 APPROVED MINUTES ZB RESOLUTION NO . 2002 -056 : ENVIRONMENTAL ASSESSMENT— Colleen Shuler, Appellant, 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28 -1 -26 . 6 , Residence District R-30 . MOTION made by Ronald Krantz , seconded by Andrew Dixon . RESOLVED , that this board makes a negative determination of environmental significance in the matter of Colleen Shuler, Appellant , requesting a variance from the requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to operate a bed and breakfast facility at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 , Residence District R-30 , based upon the Environmental Assessment completed by Town Staff, un -dated . 6 The vote on the motion resulted as follows : AYES : Ellsworth , Krantz, Niefer, Dixon NAYS : None The motion was declared to be carried unanimously. Vice Chairperson Ellsworth - Any further questions ? Could we get a motion on the appeal ? Mr. Krantz - On the appeal of Colleen Shuler, I would grant the appeal of Colleen Shuler requesting a variance from the requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance so that she may operate a bed and breakfast facility at 1319 Mecklenburg Road in the Town of Ithaca , Tax Parcel No . 28 . - 1 -26 . 6 , in Residence District R-30 . This bed and breakfast would encompass no more than 3 rooms and no more than up to 6 people . Attorney Barney - No more than 6 guests . Mr. Krantz - And would be contingent upon meeting the laws of the State . Attorney Barney - Applicable building code provisions . I ' m still listening for the findings that you are required to make . Mr. Krantz - One factor in granting of this variance is financial hardship . . . (comments not audible ) Mr. Frost - You might want to suggest that there has been a history of merchant use of the property . Over the years the property has deteriorated and that there are several buildings on the property that require upkeep . . . (comments not audible ) 42 ZONING BOARD OF APPEALS AUGUST 19 , 2002 APPROVED MINUTES Mr. Niefer - I would like to know how far back the other properties are so I get a grasp of the boundaries . Mr. Greenhouse - That is a great opportunity. Vice Chairperson Ellsworth - Would you like to request an adjournment? Mr. Greenhouse - Yes . Vice Chairperson Ellsworth - So we will move to table this appeal . The applicant may come back with the materials indicated . APPEAL : Pravin Patel , Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain an existing residential building with a 9 . 3 foot west side property line setback ( 15 feet required for a residence and 10 feet for a garage) at 198 King Road East, Town of Ithaca Tax Parcel No . 44-1 - 4 . 34 , Residence District R-15 . Vice Chairperson Ellsworth - Is there anyone here to address the appeal? NO ONE WAS PRESENT APPEAL : Colleen Shuler, Appellant, requesting a variance from the requirements of Article V, Section 18 of the Town of Ithaca Zoning Ordinance , to operate a bed and breakfast facility at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28 -1 -26 . 6 , Residence District R-30 . Bed and breakfasts are otherwise not permitted uses in residential zones . Colleen Shuler, 1319 Mecklenburg Road - I purchased this property in May . I would like to restore this property back to its original beauty as much as possible . One of the ways that I would like to do that is by opening a bed and breakfast for the additional income that could generate . For the last couple of years I have been an innkeeper in the town and city and outlying region of Ithaca . I have some experience with inn keeping . I also understand the shortage of rooms in this area . I believe that I have a lot very good location . There are no other B & B 's located on the West Hill that I know of at this time . I think the west end is a very good . area that is up and coming . I think it could be a great addition to the area . I believe that this historic property has significance to me being that I 'm a local gal from Mecklenburg . I really believe in this propert y . I think it has the best view in Ithaca besides the lake . I think I can really make something happen with this property . I kind of rescued the property in May . As you know, Michael Carroll has had some problems in the past. I prevented the property from going into foreclosure by paying the back taxes . I 've spent considerable time this summer trying to rehabilitate the property and its tenants . I feel this would be a great addition . I have contacted my neighbors , Hubb being one of them . I also talked to several people from EcoVillage . They are very excited of the possibility of a B & B in the neighborhood . They have a lot of visitors . They think that would be a great idea . I don 't see any opposition as far as my neighbors . They are not here anyways . I did invite them . Any questions? 38 ZONING BOARD OF APPEALS AUGUST 19 , 2002 APPROVED MINUTES I don 't believe the additional cars that maybe a bed and breakfast would generate would be a problem . There is a lot of parking on the property . Michael Carroll also have a variance now to operate an antique shop on the property . Mr. Frost - The arrangement now is that you own the property including the land the antique business is on . He is now leasing that space? Ms . Shuler - Correct . Mr . Krantz - Your request is for not more than three rooms . Ms . Shuler - Correct . Mr. Frost - For up to 6 people then ? Ms . Shuler - Correct . Mr . Niefer - I gather you have already started some renovation of the property . Ms . Shuler - Well , there is plenty of grounds to be taken care of and plenty of painting . Mr . Frost - There is an older building on the property . . . do you plan to maintain all the buildings on the property? Ms . Shuler - I don 't know yet . I ' m really concentrating right now on the house . It is such a big project . I think the additional income from the bed and breakfast will help me answer those questions in the future . Mr. Frost - There are three apartments . Do you plan on maintaining the apartments ? Ms . Shuler - Yes . Vice Chairperson Ellsworth - Any other questions? I will open the public hearing at 10 : 21 p . m . and I will close the public hearing at 10 : 22 p . m . Mike any additional comments? Mr. Smith - No . Vice Chairperson Ellsworth - Would someone like to make a motion on the environmental assessment? Mr. Krantz - I would make a negative determination . . . Attorney Barney - I think I would like to get a sense of the board in what direction you are headed on in the variance itself. The reason I ask that question is because we got burned in a law suit recently in the Appellant Division where they turned the matter down after very favorable vote on the environmental negative declaration . I ' m a little uncomfortable with having the board vote on an 39 1 ZONING BOARD OF APPEALS AUGUST 19 , 2002 APPROVED MINUTES environmental that there is no detriment and then find there really is a detriment . I would like to have a sense on if you are moving in favor of it then yes , we must deal with the environmental . If your decision is not to approve , then my feeling is not get into the environmental law. The law only requires you to consider environmental aspects if you are going to approve an action . This is a use variance , not an area variance . The criteria for a use variance is basically no reasonable economical return could be made from the property without the use being requested is granted . Normally, you must show that lack of economic ability by economic fact and figures , which we have not heard too much about tonight . Mr. Frost - (comments not audible ) Mr. Krantz - Bed and breakfast in my opinion have had a tough time of it . . . (comments not audible ) Ms . Shuler - I have addressed those issues with Andres . I believe I can comply with what is required by the Town of Ithaca without any difficulties . Mr. Frost - It is State Law. Mr . Krantz - (comments not audible ) Attorney Barney - What is the building used for now? Ms . Shuler - It is a multi- residential house that has three apartments . My side of the house is quite substantially larger. Attorney Barney - Are you talking about 6 people in addition to you ? Ms . Shuler - Potentially, yes . Attorney Barney - Seven in the dwelling unit . Ms . Shuler - It is no more than the Marshall Farm had when it was up and running . It is actually less . There has been a history of many more people living on that property in the past . This would be less than what has previously been done historically . Attorney Barney - This is an R-30 zone . It is a preexisting nonconforming use . Vice Chairperson Ellsworth - Do you feel you need this change to make it economical to continue to own this property? Ms . Shuler - As a single woman working as a nurse in this part of the country , yes . I think additional income would be about the only thing that would make this property go . I 've looked at different numbers . I think the additional income will be just enough to get me started , then additional loans that I am currently taking out to improve the property . There is a lot of building that have been let go on that property. They will need to be torn down or renovated . There is approximately 7 buildings total . There is a lot to be done . It is quite overwhelming , as you might understand . 40 rr ZONING BOARD OF APPEALS AUGUST 19 , 2002 APPROVED MINUTES Mr. Frost - (comments not audible ) Vice Chairperson Ellsworth - So if we change the use . . . (comments not audible ) Attorney Barney - You are authorizing this specific use for this specific building . It does not alter what she might be doing . The new ordinance will allow certain areas to seek a special permit for bed and breakfast . Vice Chairperson Ellsworth - I will poll the board to see whether we have to do an environmental . Mr. Dixon - I 'm in favor. Mr. Niefer - I have no objection to the establishment of a bed and breakfast provided all the requirements are met to do it . I know in the past we have had . . . there are 2 or 3 bed and breakfast in a residential neighborhood in my area . This is not inconsistent that has been done in other R- 15 or R-30 zones . Mr. Krantz - I have no problem . Vice Chairperson Ellsworth - I don 't have any problem either. Can I have a motion on the environmental assessment? Mr. Krantz - Are we still going to determine that? Attorney Barney - It looks like you might approve it . You must determine whether there is any environmental significance . Mr. Krantz - Well , then I would make a negative determination of environmental significance on the appeal of Colleen Shuler for a variance so that she can operate a bed and breakfast facility on Mecklenburg Road . Vice Chairperson Ellsworth - Second ? Mr. Niefer - Second. Vice Chairperson Ellsworth - All those in favor? Board - Aye . 41 FILE () DATE OZ ZB RESOLUTION NO . 2002-056 : ENVIRONMENTAL ASSESSMENT. Colleen Shuler, Appellant, 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No. 28-1 -26 . 6 , Residence District R-30. MOTION made by Ronald Krantz , seconded by Andrew Dixon . RESOLVED , that this board makes a negative determination of environmental significance in the matter of Colleen Shuler, Appellant , requesting a variance from the requirements of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to operate a bed and breakfast facility at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 , Residence District R -30 , based upon the Environmental Assessment completed by Town Staff , un -dated . The vote on the motion resulted as follows : AYES : Ellsworth , Krantz , Niefer, Dixon NAYS : None STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Lori Quigley , Tewn Clerk/Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 19th day of August 2002 . Deputy Town Cier Town of Ithaca JUL- 09 - 2002 TUE 02 : 28 PM FROM : TOWN OF ITHACA FAX : 6072731704 PAGE 3 Town Assigned Project 10 Number Town oft Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located In the Town of Ithaca, Tompkins County, NY ONLY PART I - PROJECT INFORMATION o be com lated by A ppocant or project sponsor) I . Appllcanu9ponsor: i Project Name: Col ( ee ,.\ Sk A ( � � �d.e. one C4-+ � 9. Precise location (street address, road Intersections, prominent landmarks, etc, or provide map): 13 ( G �n cc K ( x.16 "'ri d Y1-Lc�c�_ AlY Tax Parcel Number: 02 S_ 4. Is proposed action: NEW? EXPANSION? MODIFICATIONIALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant Items): � h -IV nwp �se sr•-ter ( ; � � < 3 f � � 7, - 3 rC ^^ s -(-!.a_ Lei u s e c� ( 5 +6�00 01 (Attach shest(s) If necessary to adequately describe the proposed project, 6. Amount of land affect ed: Initially (04 yrs) 'I• S Acre* (8.10 yre) _ Acres (f 10 yrs) _ Acres 7. New is land zoned presently? 3 c� 86 Will proposed action comply with existing zoning or other existing land use restrictions? YES NO �V If no, describe conflict briefly; r\ 04- r j ( a�oe_61 � .. aCl✓ G .,y , . —_'� z �"^ '� 9. Will proposed action lead to a request for new: Public Road? YES NO Public Water? YES NO � Public Sewer? YES No 10. What Is the present land use In the vicinity of the propoeed project? Residential Commercial Industrial Agriculture ParluForest/Open Space Other y i� Pleas• Describes vim; t ..c ,� P , r e. s ' Q «ems d 7 �Q. C- ' CrcWvp�A' pct _ ✓Ctla )OIL p ( c c2 l 11 . Does proposed action Involve a permit, approval, or funding, now or ultimately from any other 90vemmental agency (Federal, State, Local)? YES _ NO If yes, list agency name and permUlapprovallfunding: 12 Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approvaL Also, state whether It will require modification. 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) ; C u I ( ee. :, Sfvk `k `e�✓ Signature; Data : -7 9 v 2. Rev. 8/02 PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; 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 NO X If ,yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may 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) Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal , potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated . — appears to have adequate parking — currently handles traffic from existing apartments and antique business C2 . Aesthetic, agricultural , archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly : None Anticipated, C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly : None Anticipated . C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated . — Comprehensive plan designates site between Agricultural and Suburban Residential C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly : None Anticipated . C6. Long term , short term , cumulative, or other effects not identified in C1 -05? Explain briefly : None Anticipated , C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None Anticipated , D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly : E . Comments of staff CB., other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant . Each effect should be assessed in connection with its (a) setting (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 material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here 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 . X Check here 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 . `A Town of Ithaca Zoning Board of Appeals ,� X/ Z .3 z Name of Lead Agency Preparer' s Signature ( If different from Responsible Officer) I ' 11hairman 4etitle of Responsib e O c r In Lead Agen y Signature of Contributing Preparer DATE : g / � /O R s n ib e 0 i e in L ad A enc �— - �� , - • • • �r L.. mom JUL- 09 - 2002 TUE 02 : 28 FM FAOM ; TOWN OF ITHACA FAX : 6072731704 PAGE 2 TOWN OF ITIIACA FEE: $8100 215 North Tioga Street RECEIVED: -7 Ithaca, New York 14850 (607) 2734783 CASH APPEAL CHECK to the Building Inspector/Zoning Enforcement Officer ZONING: and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been denied permission to: O P ��+ b ect J bream k FG`5 � �.Z - 3 � r� n., S at 3, vi /►, �ctcle^ b� ,� � `'"' �M rv�t1 , Town of Ithaca Tax Parcel No. 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) 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) w ;� �. ov� odd ,+, � , . a1 ;,. c . .. . e � 1 .: + o. �orol � brea � S'f` �ro � ld � ru ,� ae � �v1G � � -�- � 1'�L� CZ �.�c1 iMPr'0 ✓�r^a� t off' th2 /�rvP� �'`� ..�o .ti� r� b2 IT` By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. Signature of Owner/Appellant: C<4. S� Date: -7 / 4 lc 7w� Signature of Appellant/Agent: Date: Print Name Here: Home Telephone Number: 10�'7 - Z 2 ' ` 3 QO 3 Work Telephone Number: (a v-7 - Y - 3 "71 NOTE: If constriction of work in accordance with any variances given does not commence within 18 months, the variance will exRjLza Your attendance at the meeting is advised. June 17,2002 j19W To : Andrew Frost Director of Building & Zoning TOWN OF ITHACA Town of Ithaca UILDING/ZONING 215 North Tioga St. Ithaca, New York 14850 From : Colleen Shuler 1319 Mecklenburg Road Ithaca, New York 14850 RE : The Inn @ City Lights, 1319 Mecklenburg Road, Ithaca, NY, With the approval from the town of Ithaca, it is our hope and intention to open a bed and breakfast in the old white house located at 1319 Mecklenburg Road. As you may know, City.Lights Antiques, which is also located on the property, has been in operation for over twenty years, and is in the process of reorganization. We believe that if Mr. Carroll continues to run his antiques business, and after some badly needed but basic fixing to the house, we can create a quaint and quiet place for visitors to stay. We hope to bring this property back to an acceptable level of maintenance, and keep it on the positive side of the town/ county and school tax roles. With the growing need for overnight accommodations here in Tompkins County, we are planning on making two bedrooms available for overnight guests by sometime in September 2002 . We would appreciate your assistance helping us with the process to obtain a variance from the Town of Ithaca for this purpose. Thank you for your consideration in this matter. I look forward to meeting you and working with you in regards to this endeavor. Sincerely, Colleen Shuler KATTES'Andrew FrostDirector of Building & Zoning Town of Ithaca TOWN CLERK 8/ 8/ 2002 Dear Mr. Frost, This letter is intended to introduce myself and my ideas for the property located at 1319 Mecklenburg Rd., known as City Lights. I recently acquired this property with a lot of luck and timing. For the past two years, I have been searching for the perfect place to open a quiet guesthouse here in Tompkins County. The City Lights property became available after belonging to a good friend of mine, Michael Carroll, and I was most interested in saving this historic property from further decay . As a part time " inn-sitter" in the local area, I have learned that there is a severe shortage of overnight accommodations in our area. With many wonderful professional and personal contacts from all over the region, I feel I can make a success of a property that was suffering from failure to thrive. My intention is to open a small guesthouse located in the east half of the house and improve the grounds and gardens . I have been rehabilitating the grounds and hope to clean up and improve the maintenance issues regarding the main house and surrounding buildings. The income generated from a bed & breakfast would be essential in continuing to improve the property . The hope here is that this will be seen as a positive improvement by my neighbors and the town of Ithaca . I look forward to developing good relations with my neighbors, and want to be an asset to the community. Sincerely, Colleen Shuler RN 1319 Mecklenburg Rd . Ithaca, New York 14850 PLOT PLAN INFORMATION TO BE SHOWN : 1 . Dimensions of lot . 4 . Dimensions and location of proposed structure( s ) or 2 . Distance of structures from : or addition ( s ) . a . Road , 5 . Nanes of neighbors who bound lot . b . Both side lot lines , 6 . Setback of neighbors . c . Rear of lot . 7 . Street name and number . 3 . North arrow . Be Show-/existing structures in contrasting lines . _O N n_ QIr.1N�1D ey e� Aym � c . AeC 547 � ro � v coo l --� Zb TO Ti Ton 1 Signature of Owner/Appel ] ante Date . 14 4 /v Signature of Appellant / Agent : Date . I Printer Friendly Report Pagel of 2 Property Description Report Ithaca (Town ) Status : Active Roll Section : Taxable Owner: Swis : 503089 Tax Map# 28 . -1 -26 . 6 SHULER, COLLEEN Location : 1319 MECKLENBURG RD 1319 MECKLENBURG RD ITHACA NY 14850 Zoning Code : Site : 1 COLLEEN SHULER Neighborhood : 30020 Last Sale : Property Class : 3 Family Residence Sale Date : 05/02/2002 Land Type : Primary Sale Price : $ 104,000 . 00 Size : 0 x 0 Valid : 0 Arms Length : N Land Assessment: $36 , 700 . 00 Deed Book : 2506 Deed Page : 3269 Total Assessment: $ 165 , 000 . 00 Prior Owner: Total Acreage : 7 . 26 WRIGHT, JOYCE T School District: Ithaca Utilities - Sewer Type Private Water Supply Comm/Public Utilities Gas/Elec Structure - Heat Type Hot Water/Steam Building Style : Old Style Fuel Type Unknown Number of Baths : 15 Central Air Number of Bedrooms 6 Number of Kitchens 3 Improvements - Number of Fireplaces 0 Structure : PORCH , COVERED Overall Condition Normal Grade : Average Overall Grade Average Condition : Normal Porch Type Porch , Screen Size : 64 x 0 Porch Area 80 . 00 sq/ft Year : 1860 Year Built 1860 Basement Type Crawl Structure : PORCH , COVERED Basement Garage Cap . 0 Grade : Average Attached Garage Cap . 0 Condition : Normal Size : 108 x 0 � Area - Year: 1860 Structure : PORCH , ENCLOSED Living Area : 3 , 541 . 00 sq/ft Grade : Average First Story Area : 2 , 388 . 00 sq/ft Condition : Normal Second Story Area : 0 . 00 sq/ft Size : 28 x 0 Half Story Area : 2 , 306 . 00 sq/ft Year: 1860 Additional Story Area : 0 . 00 sq/ft Three-Quarter Story Tax Information - Area : 0 . 00 sq/ft http : //asmsdg . tompkins-co . org/imate/printab] e , asp 7/ 15/02 Printer Friendly Report Page 2 of 2 Finished Basement 0 . 00 sglft Taxes may not reflect exemptions or changes in Number of Stories 105 assessment ! County Year Tax : $29198 . 59 County Year : 2001 School Year Tax : $0 . 00 School Year : http : //asmsdg . torn pkins -co . org/imate/printable . asp 7/ 15/02 Big Photo Page 1 of 1 Y http://asmsdg.tompkins-co.org/imateibigphoto.asp?ref--http://asmsdg.tompkins-co.org/image... 7/15/02 U) D 0 X O N CD � N � O m 0 X r m z 00 c 0 v z N O 7 (D m p n D o p m C) cn a � I CL °' o N CD O F m D Z m � v N m o � o -- N 15 US C011IIt3T U �9 ` t� V DEPA3RTA �111I�EN7*O NING lt21 East Co,urt Street , Irthaca,�Ne,w 148au Edward C. Marx, AICP Telephone (607) 274-5560 � emu,°° Commissioner of Planning y, Fax (607) 274-5578 i July 19, 2002 L JUL 2 3 W TOWN OF ITHACA Mr. Andy Frost, Building/Zoning Officer BUILDING/ZONING Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review Pursuant to § 239 -1 , -m, and -n of the New York State General Municipal Law Action : Use Variance, Colleen Shuler, 1319 Mecklenburg Road, Tax Parcel No . 28 - 1 -26 . 6 Dear Mr. Frost : This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 -1 , -m, and -n of the New York State General Municipal Law. The Department has reviewed the proposal , as submitted, and has determined that it has no negative inter-community or county-wide impacts . Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C . Marx, AICP Commissioner of Planning TON'VN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS NVEDNESDAY, DECEMBER 13 , 2000 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, December 13 , 2000, in Town Hall, 215 North Tioga Street, Aurora Street Entrance (parking lot side), Ithaca, N. Y. , COMMENCING AT 7 : 00 P.M. , on the following matters: APPEAL of Linna Dolph, Appellant, requesting a variance from the requirements of Article V, Section 18 and 19 of the Town of Ithaca 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, previously granted, will expire on January 24, 2001 . APPEAL of Leo and Lillie Teeter, Appellants, requesting a variance from Article V, Section 18 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a four family dwelling, whereas a maximum of a two-families is allowed, at 611 Elmira Road, Town of Tax Parcel No. 35 - 1 -5 . 3 , Residence District R-30. APPEAL of Lynne and Jeffrey Worsfold, Appellants, requesting a variance from the requirements of Article XIII, Section 65 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a privacy fence with a height of 9 ' 4" (6 foot maximum height allowed), at 320 Forest Home Drive, Town of Ithaca Tax Parcel No. 66-3 -8, Residence District R- 15 . A time-limited variance was previously granted for five years, but expired on November 11 , 2000. APPEAL of Michael Carroll, Appellant, requesting a variance from the requirements of Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance, to permit the operation of an antique sales and restoration business in a 9,640 square foot accessory building, located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 28- 1 -26. 6, Residence District R-30. This non-permitted use was previously granted a five year time-limited variance, but expired on October 11 , 2000. APPEAL of Glenn Hubbell , Appellant, requesting a variance from the requirements of Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance, for the operation of an antique and second hand goods shop in an Agricultural District at 1308 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27- 1 - 14 . 12 (Residence District R-30 regulations apply). A five-year time-limited variance was previously granted for this non-permitted use and it will expire on January 24, 2001 , 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 : December 5 , 2000 Published : December 8 , 2000 ZONING BOARD OF APPEALS PAGE 12 DECEMBER 13, 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Within five years the fence is to be either reduced to 6 feet or removed entirely, unless the applicants come before the Board again to ask for a further time extension to keep the fence height as is. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NA YS: NONE. The motion was declared to be carried unanimously. The fourth appeal to be heard was as follows : APPEAL of Michael Carroll , Appellant , requesting a variance from the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance , to permit the operation of an antique sales and restoration business in a 9 , 640 square foot accessory building , located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 , Residence District R-30 . This non = permitted use was previously granted a five-year time-limited variance , but expired on October 11 , 2000 , Michael Carroll , 1319 Mecklenburg Road , stated this is the twenty-fourth year he has lived at this residence . He has been in the same business without much change to the buildings . The business employs three people . They do a stripping and refinishing operation , woodworking shop and antiques store . He operates six days a week and is closed on Tuesdays . Mr. Hubbell is his neighbor. They are not in competition . Mr. Carroll stated they do not adversely affect the environment . This is known by the test Ecovillage performed . Ecovillage was concerned about the stripping business as their neighbors . They seem to have accepted the business . He would like the board to allow him to continue his business for another five years . Mr. Frost stated he has not received any complaints in the last five years . Chairperson Stotz stated the minutes from the previous variance reflect a discussion about a cooperative . Is it still in existence ? Mr. Carroll responded no . There were several retail people in the antique business downtown . They had come to him looking for space . Most of them were in the business part-time . They learned that it is hard to sell antiques as a living . Mr. Carroll stated he belongs to the Antique Association of Tompkins County. Most of the members have a secondary income . He did open an "Add Junk Business" this summer. He renovated one of the existing rooms in the building . These are warehouse buildings . The buildings are commercial space built with cinderblock and neon lights . They tried to transform it to something inside that is acceptable as showroom space . Financially it was not always feasible . This year they took a - leap . He renovated a 3200 square foot room , removed the neon lights , added track lighting and put in a gallery. It is called the Gallery at City Lights . They mostly house the Ithaca Art Trail Artist for two months during the summer. He would like to have a summer tourist attraction . Next summer he would like to be able to advertise the Gallery at City Lights . ZONING BOARD OF APPEALS PAGE 13 DECEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Frost stated he is not prepared to address the issue of the Gallery. He needs to look at the building code issues for the building . Chairperson Stotz asked how many years Mr. Carroll has had his business . Mr. Carroll responded he has had his business for 24 years . Chairperson Stotz asked what was on the site previously . Mr. Carroll stated he bought the farm to make a nursery out of the property. The buildings were not used by them in the beginning . They planted trees and shrubs . The buildings were rented to Raxon . Raxon made floors for discos . Mr. Carroll stated nothing has changed with the physical buildings . He has tried to maintain the outside of property so that it is in character with the neighborhood . Mr. Carroll stated he mows more lawn than he owns trying to keep the hill clear. There is a beautiful view coming down the hill . Mr. Krantz stated the previous approval had many conditions . He asked Mr. Carroll if he had any problems with the conditions . Mr. Carroll responded no . He does have another building on the property. It is 40 x 60 foot concrete building . At one time he had an architect draw up plans for a welding shop . It was to supplement rent at that point . The board determined a sign could not be established out front indicating the independent shop . They did not continue with those plans . Chairperson Stotz asked Mr. Carroll if this is his sole source of income . Mr. Carroll responded yes . Chairperson Stotz asked if his business were not permitted , what would it mean for Mr. Carroll . Mr. Carroll responded that it would be a mess . He lives where he works . There is almost three times as much commercial square footage as there is residential . It does not include the out buildings . They consist of a seven -stall pole barn , corncrib , and 2 , 400 square foot concrete building . The owner needs to make use of the building or demolish them . He would need to seek employment if he did not run his antique business . He would sell the property. The property is assessed for the acreage and out buildings . Attorney Barney asked Mr. Carroll if it would be an economic hardship on him if he were not permitted to operate his business . Mr. Carroll responded it would be a hardship for him . Mr. Sigel stated the previous variance prohibits no outside advertising . Would Mr. Carroll like that condition removed in this approval ? ZONING BOARD OF APPEALS PAGE 14 DECEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Carroll stated he would like to have the condition removed . He would need to come before the Zoning Board for approval on the art gallery . Mr. Frost stated it would not be a problem to have paintings in the antique store . The art gallery would compliment the business . Mr. Carroll stated it would be advertised as the Gallery at City Lights . Mr. Frost stated the board might want more information on the gallery . It would be helpful if they had a floor plan . Chairperson Stotz stated it would be an additional business . Mr. Carroll stated the artwork includes modern art works . Technically it would not fall under the antique business . Chairperson Stotz asked Mr. Carroll if he had plans for other uses on the property. Mr. Carroll stated as the struggle becomes worse he would bring his needs before the board . He is trying to make a living . It is not easy in the antique business under certain restrictions . He has three employees . They have a workshop , build custom furniture , refinish , and sell retail antiques . Mr. Carroll felt that the art gallery would draw tourists . Chairperson Stotz stated Mr. Carroll would like to attract more customers . Mr. Sigel stated Mr. Carroll is selling new furniture . Technically , the custom made furniture is not part of the antique business . It depends on how narrow or broadly the board would like to define it . The board could determine that artwork is part of the antique business . Mr. Frost asked if there is a definition that qualifies what is an antique . Mr. Carroll stated it is a custom's law. The piece would need to be 100 years old . Mr. Frost asked if a more appropriate label would be collectibles . A Subway Series baseball hat is a collectible and it is not one year old . Mr. Carroll stated the Antique Association has the same struggle . It is hard to define new members and their inventory. Art and antiques seem to be a sister related business . It is very often seen in magazines and tourist towns as a combination . People expect to find them hand - in hand . It is the least intrusive business that he could have . It is better than raising animals . Chairperson Stotz stated Mr. Carroll is dealing in antiques . Mr: Carroll also . makes new furniture .. Chairperson Stotz explained Mr. Carroll would now like to add artwork to the property. The board needs. to remember Eddy Dale Farms . It is a different project , but it was incremental in terms of how the business expanded . ZONING BOARD OF APPEALS PAGE 15 DECEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Carroll stated his business is less intrusive than the Marshall Farm . Mr. Sigel stated antiques and ..ad... are compatible . He would not have an objection to the art gallery . Mr. Frost asked Mr. Carroll if he would have an objection if the board granted him a one or two year variance for the art gallery . Mr. Carroll stated that he would still like a five-year variance on the antique business. The art gallery could be limited to a two-year variance . Mr. Sigel stated he is comfortable with giving a variance for five years including the art gallery . Mr. Carroll could have done so and the board might not have known . Chairperson Stotz stated it is something the board needs to consider. Chairperson Stotz opened the public hearing at 8 : 15 p . m . , and asked if any members of the public wished to be heard . Glenn Hubbell , 1308 Mecklenburg Road , stated he has lived at his property for 25 years . He and Mr. Carroll have been good neighbors . Chairperson Stotz closed the public hearing at 8 : 16 p . m . ENVIRONMENTAL ASSESSMENT : Mr. Smith stated there is not a significant change to the site . The operation is not visible from the road . Mr. Smith asked Mr. Carroll how much parking is on site . Mr. Carroll stated there is about 20 paved parking spaces . There is a level lawn that could hold 50 cars . There is plenty of parking for the business . Mr. Frost stated the board might want to consider a condition that prohibits parking along the road . Chairperson Stotz asked how would the condition be enforced . Board Member Niefer stated it is a State Highway . Attorney Barney stated he is troubled about broadening the use beyond antique sales . It was advertised for the antique store only . It should be advertised and reviewed separately by the board . Mr. Carroll stated he would like to add it to the sign out front . He sold one painting this year for $ 100 . He had invested $8 , 000 in renovations . If it is a success , he would like the art gallery to be advertised on the sign . ZONING BOARD OF APPEALS PAGE 16 DECEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Attorney Barney stated Mr. Carroll needs to come before the board with a specific application for the art gallery . RESOLUTION NO. 2000-78 - ENVIRONMENTAL ASSESSMENT - Michael Carroll, 1319 Mecklenburg Road, Tax Parcel No. 28- 1 -26. 6, December 13, 2000. MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this board make a negative determination of environmental significance in the matter of Michael Carroll, requesting a variance from the requirements of Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance, to permit the operation of an antique sales and restoration business in a 9, 640 square foot accessory building, located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 28- 1 -26. 6, Residence District R-30, for the reasons stated in the environmental assessment prepared by the Town of Ithaca Planning Department. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NA YS: NONE. The motion was declared to be carried unanimously. Chairperson Stotz asked if the board would like to include the conditions that were imposed under the last approval . Mr. Krantz stated one condition was that there be no advertising of any nature other than the sign . Does this prohibit Mr. Carroll from advertising in the Ithaca Journal ? Attorney Barney stated the original intent of the condition was to limit traffic to the site . Mr. Krantz stated it is a broad term . He should be able to put an ad in the paper. Mr. Carroll stated he would enjoy the privilege of advertising . It is a hard stipulation . Chairperson Stotz asked what has the board done in the past for other similar situations . Attorney Barney stated this is not the first time it was applied as a condition . It is not done in a consistent pattern . It depends on each individual circumstance . Chairperson Stotz stated the rationale was to restrict the number of people coming to the site . Attorney Barney stated the board could delete that condition . Mr. Carroll stated he would like the condition removed . ZONING BOARD OF APPEALS PAGE 17 DECEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Sigel stated the condition would be more appropriate for an applicant that represents that they are not seeking to attract people . It would be a stipulation to insure that they do not seek to attract people . Mr. Carroll stated someone would make a complaint to the Town if they felt there was too much traffic . The property might be further improved by the bettering of the business . Chairperson Stotz stated two mitigating factors are that Mr. Carroll has been in business for 24 years . It is not a business nestled in the middle of a subdivision . Chairperson Stotz asked if Ecovillage has made comments about the business . Mr. Carroll stated initially they did not get off on the right foot . In the beginning he found them testing his well water. Mr. Carroll wrote them a letter regarding it . The only problem he has had is when Ecovillage had a special permit to shoot deer. Mr. Carroll was not aware of the permit . He was hearing gunshots early in the morning . They were not notified . Communication was the problem and it has been resolved . RESOLUTION We 2000-79 - VARIANCE - Michael Carroll, 1319 Mecklenburg Road, Tax Parcel No. 284 -26. 6, December 13, 2000. MOTION made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this board grants the appeal of Michael Carroll, requesting a variance from the requirements of Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance, to permit the operation of an antique sales and restoration business in a 9, 640 square foot accessory building, located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 284 -26. 6, Residence District R- 30, based upon the following findings and conditions: Findings: 1 . The appellant depends entirely upon the operation of this business for his livelihood. To deny him this appeal would cause him an unacceptable degree of financial hardship. 2. There does not appear to be any complaints from neighbors concerning the operation of this business. 3. The operation of the business will be substantially the same as that operated for the past five years. 4 . The business is located on a busy highway in a rural area and is relatively isolated from inhabited adjoining properties. Approval is granted with the following conditions: ZONING BOARD OF APPEALS PAGE 18 DECEMBER 13, 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED 1 . All of the conditions stipulated in the previous approval will continue to apply except that the stipulation that no advertising be permitted shall be modified to permit the placement of advertisements in publications of the appellant's choosing. 2. Approval is for a five-year period commencing December 13, 2000. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: NONE. The motion was declared to be carried unanimously. The fifth appeal to be heard was as follows : APPEAL of Glenn Hubbell , Appellant , requesting a variance from the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance , for the operation of an antique and second hand goods shop in an Agricultural District at 1308 Mecklenburg Road , Town of Ithaca Tax Parcel No . 27- 1 - 14 . 12 ( Residence District R-30 regulations apply) . A five-year time- limited variance was previously granted for this non-permitted use and will expire on January 24 , 2001 , Glenn Hubbell , 1308 Mecklenburg Road , stated he has operated his business with special permit for 24 years . He received a use variance for five years in 1990 . The variance was renewed in 1996 for another five years . The original intent was to supplement his retirement . Mr. Hubbell retired in 1962 , but turned 65 last fall . He is now fully retired . Mr. Hubbell stated he is the sole operator of the business . The only major changes since 1996 is that he deeded a parcel of the property to his daughter. She has a new house on the east side of the property. It is maintained and landscaped . The land between the two houses is maintained and landscaped . He maintains about six of the nine acres as lawn . Mr. Hubbell stated he would like the board to extend the variance for another five years . He does not advertise . It was not a restriction of his variance . The business is only open two days per week . He has only been open on weekends for 24 years . Mr. Hubbell stated he did have a disastrous fire in 1993 , but his business has recovered to more than it was before . He has very loyal clientele . There has been some recognition of his business in the Syracuse paper. Mr. Hubbell stated he attended the Historic Preservation Presentation held at Town Hall on Tuesday, December 12th . He was very pleased that they mentioned his house and mentioned Mr. Carroll's house . His house was described as being the oldest house on Mecklenburg Road . The house was built around 1805 . It is rewarding that the house was built in that era and who built the house . The house was built by a Revolutionary War soldier. Chairperson Stotz asked Mr. Hubbell if he owns other businesses . Mr. Hubbell responded that he owns rental property . FILET 7D I iDATE RESOLUTION NO . 2000-78 _ ENVIRONMENTAL ASSESSMENT - Michael Carroll 1819 Mecklenburg Road , Tax Parcel No . 28 1 -26 . 6 , December 13 , 2000. MOTION made by Kirk Sigel , seconded by Ronald Krantz . RESOLVED , that this board make a negative determination of environmental significance in the matter of Michael Carroll , requesting a variance from the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance , to permit the operation of an antique sales an restoration business in a 9 , 640 square foot accessory building , located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 , Residence District R-30 , for the reasons stated in the environmental assessment prepared by the Town of Ithaca Planning Department . A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz , Niefer, Sigel . NAYS : NONE . Th motion was declared to be carried unanimously . Carrie Whitmore , Deputy Town Clerk. STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA. I , Ift(0) f "E t I ,e T �rWDeputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the atta ed resolution is an exact copy of the same adopted b the p Y Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 13t" day of December 2000 . � clDeputy Town Clerk Town of Ithaca FILE � r�C DATE 1 v 0 RESOLUTION NO . 2000-79 - VARIANCE - Michael Carroll 1319 Mecklenburg Road Tax Parcel No. 28-1 -26.6 December 13 , 2000 . MOTION made by Kirk Sigel , seconded by Ronald Krantz , RESOLVED , that this board grants the appeal of Michael Carroll , requesting a variance from the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance , to permit the operation of an antique sales and restoration business in a 9 , 640 square foot accessory building , located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 , Residence District R - 30 , based upon the following findings and conditions : Findings : 1 . The appellant depends entirely upon the operation of this business for his livelihood . To deny him this appeal would cause him an unacceptable degree of financial hardship . 2 . There do not appear to be any complaints from neighbors concerning the operation of this business . 3 . The operation of the business will be substantially the same as that operated for the past five years . 4 . The business is located on a busy highway in a rural area and is relatively isolated from inhabited adjoining properties . Approval is granted with the following conditions : 1 . All of the conditions stipulated in the previous approval will continue to apply except that the stipulation that no advertising be permitted shall be modified to permit the placement of advertisements in publications of the appellant' s choosing . 2 . Approval is for a five year period commencing December 13 , 2040 . A vote on the motion resulted as follows : AYES : Stotz , Ellsworth , Krantz , Niefer, Sigel . NAYS : NONE . Th , motion was declared to be carried unanimously . Carrie Whitmore ; Deputy Town Clerk: STATE OF NEW YORK) COUNTY OF TOMPKII S) SS : TOWN OF IT ACA : I , D bofa. _. _ _�. -,e, _I lie T4a4�/Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attacY ed resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 13th day of December 2000 . �s Deputy Town Clerk Town of Ithaca 14.164 (2/87)—Text $2 'FROJECT I.D. NUMBER . 817.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 — PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 . APPLICANT /SPONSOR 2 . PROJECT NAME 3 . PROJECT LOCATION;_ ^� ►rye Municipality L 47 771;zA County 4 . PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) 5 . IS PROPOSED ACTION: ❑ New ❑ Expansion 20ModIf ication/alteration 6 . DESCRIBE PROJECT BRIEFLY: t`l (�` 'v n �l_ (_s �'Cr�iYJ 1-L. �ray; �•Tv � 7 . AMOUNT OF LAND FECTED: Initially acres Ultimately acres 8 . WILL PROPOSED ACf10N COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RE TRICTIONS? ❑ Yes No If No, describe briefly 9 . WHAT RESENT LAND USE IN VICINITY OF PROJECT? Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Park/Forest/Open space ❑ Other Describe: 10 , DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? El Yes No If yes, list agency(s) and permiUapprovals 11 . DOES ANY ASPEN OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes No If yes, list agency name and permiUapproval 12 . APS �SULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Gdves ❑ No Z 0&J i N (; V'Ay- ' I CERTIFY THE INFOR ATION PROy10 ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE n Applicant/sponsor ame: c - Date: Signature: t � \ 1 � �If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form netore proceeding with this assessment OVER 1 PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; 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 NO _X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may 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) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : 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 area, 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. C5. 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 C1 -05? Explain briefly : See Attached. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : See Attached, D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly : E. Comments of staff CB other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i .e. urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope , and (1) magnitude . If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here 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 . X Check here 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 . Town of Ithaca Zoning Board of Appeals Name of Lead Agency Preparer' s Signature(lf different from Responsible Officer) iDavid D. Stotz. Chairman /Name &\tittlle of R sponsibl JOffcer In Lead Agency Signature of Contributing Preparer DATE : 1 113 Is Signature of Res onsibIre afticXin Lead'Agency PART II — Environmental Assessment : Michael J. Carroll 1319 Mecklenburg Road Variance to Operate an Antique and Restoration Business Zoning Board of Appeals 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 production or disposal , potential for erosion , drainage or flooding problems ? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels , traffic , solid waste , or potential for erosion , drainage , or flooding as a result of the proposed action . The proposal is a request for a variance from the requirements of Article V , Section 18 and 1. 9 of the Town of Ithaca Zoning Ordinance, for the operation of an antique sales and restoration business in a 9 , 640 square foot accessory building, located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 -26 . 6 . Time limited variances have been granted by the Board of Appeals on September 12 , 1990 and October 11 , 1995 . The most recent variance expired on October 11 , 2000. No significant changes to the site or operation have occurred since the last meeting, and the proposal is not anticipated to have any adverse environmental impacts . C2 . Aesthetic , agriculture , archeological , historic , or other natural or cultural resources , or community or neighborhood character? None Anticipated. The current antique sales operation is in an accessory building located in the rear yard behind the residence . The commercial operation is not visible from Mecklenburg Road . The rear barns are visible from the South , from parts of Rachel Carson Way and Ecovillage . C3 . Vegetation or fauna, fish , shellfish or wildlife species significant habitats or threatened or endangered species ? None Anticipated . C4 . The Town ' s existing plans or goals as officially adopted or a change in use or intensity of land or other natural resources ? None Anticipated , The Town of Ithaca Comprehensive Plan designates the site as "Agricultural ," and it is zoned Residence District R-30. An antique store, operating under a separate use variance , is located across the highway. C5 . Growth subsequent development, or related activities likely to be induced by the proposed action ? None Anticipated. C6 . Long term short term, cumulative, or other effects not identified in C1 -05 ? None Anticipated . C7 . Other impacts (including cages 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. — Staff Recommendation , Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer: Michael Smith , Environmental Planner Review Date : December 6 , 2000 r � 1 TOWN OF ITHACA FEE: $80000 ° 215 North Tioga Street RECEIVED: I lo 0 Ithaca, New York 14850 (607) 273 4783 CASH - APPEAL CHECK - to the Building Inspector/Zoning Enforcement Officer ZONING: and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been denied permission to: s uS l fills S at 3 , Town of Ithaca Tax Parcel No. ` Z� 60, 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) y , 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 .) \\ C,C-JWt,Wl�2C-� �- � � � 1.1 � � �1. (�S 0 �.1 1��-C��Qe� � ►2t��J � '� By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection w0th_ y application . f G � 8 Si gn ature f Owner/Appellant: l Date: Z 7 d 0 Signature of Appellant/Agent: Date: Print Name Here : �'�-- Home Telephone Number: 27 Z 70 � U Work Telephone Number: NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will ex ' e. Your attendance at the meeting is advised. z ' PLOT PLAN y. INFORMATION TO BE SHOWN@ 1 . Dimensions of lot . 4 . Dimensions and location of proposed structure ( s ) or 2 . Distance of structures from : or addition( s) . a . Road , 5 . Names of neighbors +kho bound lot * b . Both side lot lines , - 6 . Setback of neighbors . c . Rear of lot . 79 Street name and number . 3 . North arrow . 8 . Show existing structures in contrasting lines . Ct 401 g N is p` gQ ► �`�c..�p mu� � c . I OWNED BY ' y bo _ 10 � Cic,ttSop ( r4 � CvS Ael� t 54.7 ' To - . M i I 3 �I I Signature of Owner/Appellant : Date : Signature of Appellant / Agent : Date : Property Description Commercial Status: Active SWIS: 503089 Tax Map #: 28A-26.6 1319 MECKLENBURG RD .. Zoning Code: Site: 1 P Neighborhood: 30092 Building # 1 - School District : Ithaca 484 1 Occupant SM S Deed Book : 846 Page : 154 Owner: CARROLL, MICHAEL MICHAEL CARROLL 1319 MECKLENBURG RD ITHACA NY 14850 7/3112000 File Photo Improvements: Site mprovemen Grade: ECONOMY Overall EFF Year Built : 1965 Condition: FAIR Size1 4000 Size2: Year: 1950 Overall Condition : FAIR Improvement SHED, MACHINERY Overall Grade ECONOMY CondtionCFANRMY Size1: 1800 Size2: Year: 1950 Structure Improvement: CANOPY, ROOF ONLY Grade: ECONOMY Condition: FAIR Air Conditioning Percent : 0% Size1: 300 Size2 Year: 1940 Sprinkler Percent : 0% Improvement: BARN, POLE Alarm Percent : 0% Grade: ECONOMY Condition: FAIR Number of Elevators : 0 Size1 2600 Size2: Year: 1956 Basement Type Last Sale: bale a e: Year Built: 1965 Sale Price: 31,863 Valid: 0 Arms Length: N Condition : FAIR Prior Owner: COUNTY OF TOMPKINS New Owner: CARROLL, MICHAEL Area Land: Land Gross Floor Area- 12,728 SgFt 9pe: PRIME 611 E Acreage:4.86 Number of Stories : 1 Total Acreage: 7.26 Utilities Sewer Type: PRIVATE Water Supply: COMM/PUBLIC Utilities: GAS / ELECTRIC Assessment: Land Commercial Uses Total . 165,000 Number: 1 Taxes: Used-As: SMALL RETAIL Total Rentable Area: 7592 SgFt I axes may not r0lect exemptions or change Number: 2 Used-As: ROW STORAGE Total Rentable Area: 5136 SgFt (���e, C-�,c��� 13 I°I �u;kle�b�� [�. 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I sce 011 7 W b g V3VH.1.1 d00 NMO.L rs VOVIi.L1 30 r AlIO o ( N � n o ,,) I TOWN OF I:THACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , OCTOBER 11 , 1995 7 : 00 P . H . 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 , October 11 , 1995 , 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 Ron Scarofile , Appellant , requesting a variance from the requirements of Article III , Section 9 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a recently subdivided parcel of land with a lot width at the maximum front yard setback of 60 ' ( 75 ' width required ) at 1048 Danby Road , Town of Ithaca Tax Parcel No . 39- 1 - 12 . 1 , Residence District R- 9 . APPEAL of Michael J . Carroll , Appellant , requesting a variance from the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance , to permit the operation of an antique sales and restoration business in a 9 , 640 square foot accessory building , located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1 - 26 . 6 , Residence District R- 30 . This non- permitted use was granted a 5 year time - limited variance on September 12 , 1990 . APPEAL of Andrew Ezergailis , Appellant , requesting a variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a single - family residence with a south side building property line setback of 30 ' ( 40 ' required ) , at 1157 Danby Road , Town of Ithaca Tax Parcel No , 36 - 2 - 17 , Residence District R- 30 . 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 : October 2 , 1995 Publish : October 6 , 1995 TOWN OF ITHACA FEE : $809 (000 126 East Seneca Street RECEIVED : `-'I Igo In Ithaca , New York 14850 CASH ( 607 ) 273- 1783 CHECK A P P E A L ZONING : to the Building Inspector/ Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to : LJ� i� -�-t (,, at � �I MtZ- kr��b�! C� �12C, Roe\ 1 D Town of Ithaca Tax Parcel No . 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 ) 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 . ) v � L�0 � - � � C :� Liss o � �m�c.©�`a�5 N i't 1 D �t ��► Wo c��o /Alts o Itit1�K� By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in cohnection with my application . Signature of Owner/Appellant Date : ! G ` Signature of Appellant/Agent : C Date : Print Name Here : Home Telephone Number : 97 ,2_ -76 ( 0 Work Telephone Number . - 2- 72 70l b NOTES If construction of work is accordance with any variances given does not cossence within 18 ■ oaths , the variance will ei ire . Town of Ithaca I Zoning Board of Appeals October 11 , 1995 have the L- shaped configuration that was originally there . The boundary across 1046 has been removed . The decision has been made by the Town Planning Board for a negative determination of environmental significance , which they are entitled to do with respect to a subdivision . They also granted subdivision approval for this property , subject to the Zoning Board of Appeal ' s granting of the variance . Chairman Austen asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . The second appeal to be heard by the Board was as follows : APPEAL of Michael J . Carroll , Appellant , requesting a variance from the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance , to permit the operation of an antique sales and restoration business in a 9 , 640 square foot accessory building , located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28- 1- 26 . 6 , Residence District R- 30 . This non-permitted use was granted a 5 year time- limited variance on September 12 , 1990 . Air . Michael Carroll addressed the Board . He stated it ' s the fourth time he has been before the Board . Chairman Austen said it ' s been several times , the last time apparently being in 1990 . Mr . Carroll indicated that , basically , nothing has changed since the last time he asked for the appeal to be continued . The number of men are the same and the operation is the same . Business is worse , but the operation remains the same . He is just asking for the same continuance under the same prerequisites and restrictions that were granted last time . This is in order to keep himself and his five employees with a livelihood , to keep doing for the next five years what they have been doing during the previous five years . Air . Frost told Mr . Carroll that the Board has his letter to Mr . Carroll from May . If Mr . Carroll needs a copy , Mr . Frost will get him one . He than told Mr . Carroll that he might want to expand upon the multi - dealer concept . There have been no complaints or anything . Mr . Carroll stated that , actually , Air . Frost was right . Though he indicated nothing has changed , he ' d like to back up a little bit . Two years ago , his partner , Mr . Chase , whom he was in business with for 18 years ( they were sole principles of City Lights Antiques , with four employees ) , died . Mr . Carroll said that if he didn ' t inherit the business , he would have to buy it out . At that time , he was approached by two retail antique dealers from downtown Ithaca who could no longer maintain their retail operations there , and were seeking to join Air . Carroll . This would be under the name of Antique Center , meaning they would have a multi - dealer shop . They would be on the premises , more like a consignment arrangement . They would rent space from Air . Carroll , put their merchandise in his building and he would still be the sole proprietor . At the outset two years ago , there were four other dealers who joined him . Thereby , they did raise a sign on top of the City Lights Antique sign , which was given a sign permit . The Antique Center sign was not an addition , but they went ahead with the sign to see if the venture would work out . Two years later , he still has three of those dealers with him , although he has not expanded at all . He stated that Air . Frost tells him it ' s probably time that he get a sign permit for any additional signage that he puts out front . Town of Ithaca 4 Zoning Board of Appeals October 11 , 1995 Mr . Frost noted that they didn ' t want to force him to do anything until they see how this Board ' s going to go . If the Board grants approval and if he doesn ' t change the sign , he would have to go to the Planning Board , which acts as a sign review board , and have them recommend to this Board whether they should grant the variance for the larger sign . They have had no complaints at all from this property and they have told Mr . Carroll that they were not going to enforce anything or ask him to do anything other than to come to this Board . He has complied with those wishes . Chairman Austen asked if those people were just using the space for sales . Mr . Carroll said , basically , they rent an area . The people are not there and there is no refinishing or anything going on . If someone walked into the building , they wouldn ' t see any physical change . It ' s not broken up into booth space or walls ; there ' s been no additions put in . Nothing has changed concerning the physical content of the building , nor does it look like the inventory has changed . It looks like it ' s still his inventory . He added that Mr . Frost is right - - they have waited until now also because he told them that , as of September this year , there was even some question of whether they would remain . He ' s not going to harp on how bad the economy is . They ' ve all struggled to maintain a livelihood in trying to sell antiques , as witnessed by their removal from downtown and not being able to make the overhead in the downtown shops . They are all having a struggle up there making even what overhead they have and trying to sell antiques on this antique center basis . So , he told the dealers that , after tonight , he ' d have some idea of whether they ' ll continue or not . Whether or not he ' ll be seeking that sign permit for the antique center depends on whether or not they remain with him . Mr . Scala asked if there are auction sales there . 11r . Carroll said no , they used to do that 10 - 12 years ago . Mr . Chase was the auctioneer . Mr . Scala indicated he was thinking in terms of the number of vehicles and such . Mr . Carroll said they no longer do that . This goes back to the Marshall Farm , that ' s the property ' s original name , of course . They probably have less traffic in there and less employees than the original farm had when it was running an agri -bio business . They had the dairy , cows , tractor trailers , an egg washer and hatcheries . They were making more utilization of the property and the buildings than he probably ever will in terms of traffic and things going on . Mr . Scala asked if they still do restoration . Mr . Carroll said yes , they still have a shop . There ' s four men , one for 16 years now and the others for about 12 - 14 years . Chairman Austen opened the public hearing . Mr . Steve Grahling said he doesn ' t really have anything to say except that he ' s a friend of Mr . Carroll ' s and he works with him on occasion . It ' s a good business and seems to be a long- time business . It ' s been there for about 18 years . Chairman Austen asked him if he was an antique dealer . Mr . Grahling said no . He added that Mr . Carroll works hard at his business . Chairman Austen agreed with that . Mr . Grahling said it is a good business . Mr . Scala asked if there are problems with the refinishing and stripping chemicals . Mr . Carroll said not really , they ' ve maintained the same operation and have even moved to some water- based finishes , as they keep aware of what ' s going on . California has mandated the use of water- based finishes . He knows that time is coming . They are a very low- volume user when it comes to that . They did have a visit from the DEC and the Health Department . They checked their operation out for fluid use and things , but they don ' t seem to be doing anything contrary to the laws and regulations . Mr . Scala asked if there are now water-based finishes . fir . Carroll said yes . They have a ways to go in order to perfect them , there ' s a drawback . It will be a time before they really improve on them . Mr . Scala asked if they have tanks in which they strip stuff . Mr . Carroll answered affirmatively . They have two stripping tanks . Town of Ithaca I Zoning Board of Appeals October 11 , 1995 Chairman Austen asked if that procedure uses solvents . Mr . Carroll said yes . One hot tank is totally biodegradable . It ' s basically a soap and detergent . All those are hauled off by the proper people . Steve is a good friend of his . He ' s been up to the property and he knows it well . One of the funny parts about this property is that it ' s in the Town and 14r . Carroll is buying it all over again . Mr . Frost and he have spoken about this . It ' s in a residential area and it ' s his wish that it could be transferred to a commercial property . He knows the Town can ' t see its way to change the zoning . However , he has this 9 , 600 sq . ft . cinder block building with elevators and overhead doors and loading docks in a residential zone . There ' s not much else it can really be used for . He likes the antique business and they ' re using it for that but they ' ve explored other uses and he can ' t think of one that would be as low impact as what they are doing now . It ' s better than having a manufacturing business and having to come before the Board , seeking to do something else with it . So , in this regard , he thinks they are having the least amount of impact on the neighborhood . They are not a high- volume retailer , where they are getting a lot of cars and traffic . That would be really disturbing to the neighborhood because of the noise . Mr . Scala asked what ' s going to happen to the sign . Mr . Carroll said there is a sign out front that says City Lights Antiques , which he has a permit for . On top of that , there ' s a red demalume sign that says The Antique Center of Ithaca . If the Board sees its way to approve the variance for a continuance of the antique business , he will ask the dealers if they are willing to continue as the Antique Center . If they are , he will be submitting an application for a permit for a sign addition . Mr . Frost stated that it would have been nice had they been able to address that at this meeting . Unfortunately , the process has got to go back to the Planning Board . He couldn ' t see sending it to the Planning Board until he knows whether or not the use would be approved . So , unfortunately , the bureaurocracy takes them to the Planning Board and back to the Zoning Board again . Mr . Ellsworth agreed with that . Chairman Austen noted that Planner II , JoAnn Cornish did a review on this . He asked Mr . Kanter to give a summary of that . Mr . Kanter said the one thing they really wanted to point out , besides a correction which he will see to also , is that the biggest change in the area is the EcoVillage proposal just south of this property . The correction is in Part II , Number C2 , where it makes reference to 174 . 29 parcel of land which surrounds the property to the west , south and east , purchased by the EcoVillage . It ' s been established as Special Land Use District #8 . It ' s not the whole 174 - acre piece that was established as a Special Land Use , it ' s the 33 + acre parcel on which this lot was established . So , that ' s the correction but , nonetheless , the proposal for 30 dwellings by the First Resident ' s Group on the EcoVillage property means the potential for additional phases of development on the EcoVillage property at some point . However , no specific plans have been submitted . That ' s something that the Board might want to continue to monitor . He doesn ' t see that the area is going to develop heavily with residential development in the future , but it is a change , somewhat , from what it was in the past . So , again , that might be a reason for the Board to consider another time - limited variance - - to see how much the area develops . That ' s the main thing pointed out in the SEQR . He continued by saying that Mrs . Cornish does point out , as the Board has already been discussing , considering whether or not the dealer concept is one that ' s appropriate to the area . Mr . Scala asked about the problem of redoing this every five years . Mr . Frost noted it ' s interesting that , in the minutes from the last meeting , there was an original proposal of three years . It was modified to five . What he finds remarkable is that this Town of Ithaca 6 Zoning Board of Appeals October 11 , 1995 was five years ago . Five years has gone awfully quickly in his mind . He somehow wonders if five years is an appropriate time frame . Mr . Scala asked why the time limit was put on . Attorney Barney answered that it was done because it ' s a residential area and there was , at the last meeting , some concern expressed about the stripping and that sort of activity - - whether or not it would have an impact on the area . There was just a feeling that it ought to come back every five years . Mr . Frost said , in relation to the stripping , he would have to say ( and this is going back over ten years ago ) , he went up there with the Health Department . He can ' t remember that they found any problem with the impact of the finishing . He asked Mr . Carroll if he has any DEC permits . Mr . Carroll answered that the DEC came down and inspected the operation about 1 - 1 / 2 years ago . He also thinks EcoVillage did some testing on the grounds before the purchase of their land , looking for exactly :chat might be a problem from stripping . They decided there was no reason to find a cause to cease what they are doing . They were more concerned with what was put on the ground as a result of the farming operation back in the Marshall Brothers ' stage of farming , with the fertilizers and the chemicals the farmers used . Attorney Barney stated that he thinks the other reason for time - limiting it is that , even though Mr . Carroll is operating it right now and his track record has been pretty good , if the enterprise changed hands , the Board would want the opportunity to look over the track record of the new owner . Mr . Scala asked if it ' s the understanding that , if it were granted again , it would be granted again for five years . Attorney Barney said it is the Board ' s determination . He thinks , given the nature of the type of activity and the area that surrounds it , and particularly due to the fact that there is now some development occurring ( which was not contemplated in 1990 ) , it would not be a bad idea to make it renewable every five years . Mr . Kanter pointed out that in the 1990 Zoning Board conditions on the variance , one of the conditions is that the variance � be permitted as long the dwelling house and the property is occupied by one of the principles of the business . He asked if that is the case . Chairman Austen asked Mr . Carroll if he maintains residence there . Mr . Carroll said yes . He added that there are two more apartments on the other side . Then he sought a variance for a third , additional , apartment . The Board was good enough to grant him the variance for the fourth dwelling unit , which they had constructed . That didn ' t meet building code as far as ceiling height goes . It is vacated at the moment . If anyone wants an efficiency , he has one that ' s empty . Mr . Scala noted that they ' ve had this before , where someone was trying to sell property and couldn ' t because it was locked into the previous owner and its use . He asked if this is what they would again be creating . Attorney Barney said they would be maintaining it . Mr . Carroll noted that he has a problem with that . Obviously , some day he will want to sell the property . It will come with stipulations . He understands that , if a new owner wants to buy the property , he ' s going to have to address the Board for what he wants to use it for . That ' s a little restrictive on his part in terms of finding a buyer , but then again , if the new buyer wants to do something , he ' ll have to approach the Board . Chairman Austen said yes , if they are serious about it . Mr . Frost said they have had an inquiry from somebody in Rochester , whom he believes is associated with EcoVillage . He was very persistent and then just stopped calling . Mr . Carroll said that person would be calling again . Mr . Frost thanked him for the warning . Town of Ithaca Zoning Board of Appeals October 11 , 1995 Mr . Grahling asked if the discussion was still opened to the public . Chairman Austen said it was . Mr . Grahling said , no bias intended , but he thinks the fact that EcoVillage , as thorough as they are , and as hard workers as they are in doing research and paperwork and putting together their . plans , they have a good idea of what they want to do in the immediate future as well as in the long term future . No one is present to contest or protest or have a problem with it . This indicates that the big change there with the 30 new units is obviously copesthetic . It seems the relationship between EcoVillage and the Gardners and Mike Carroll are copesthetic and agreeable . Mr . Carroll added that they are pretty neighborly . As Mr . Frost indicated , one man approached him about conjoining forces in some way . In other words , their property totally surrounds his . Being that they look to expand in the future , the man was looking at being the broker for trying to possibly have EcoVillage utilize the buildings that Mr . Carroll has in some fashion . That ' s their choice to decide in the future , if they want to . Chairman Austen asked if they use all of the buildings . Mr . Carroll said he doesn ' t use them as much as he ' d like to . There ' s a lower concrete building that ' s 40 ' X 60 ' . It ' s really only good for storage at the moment . Chairman Austen then asked if they are using the large barn for storage . Mr . Carroll said the largest building on the property is for the antique showroom and the workshop . Then there ' s a concrete building that ' s 40 X 60 , which is just storage . Chairman asked if that ' s the storage part that he had been talking about . Mr . Carroll said yes . It ' s his own storage . He ' s not rented it out for commercial use to gather money for renting to people for storage . He ' d have to come before the Board to get a permit to do that . There ' s nothing up there that he ' s renting on a commercial basis . Mr . Frost asked if the Zoning Board had approved something like that once . Mr . Carroll said yes . He came before the Board with architectural plans to divide up the lower barn for a welding shop . The man who wanted to do the welding shop left . It then became a dead issue . Chairman Austen asked Mr . Carroll if he sees the dealership arrangement expanding any . Mr . Carroll answered that he wishes he could , but the economy is not good . He had great plans two years ago . He wanted to sit back and rent the whole building out to other people who sell antiques and he would sit behind the desk and just collect their rents . However , it didn ' t work out that way , so he ' s back to using most of the space himself . There are other antique centers that occur that way . There are places where one building is a place where the proprietor does nothing but collect the rent from other dealers ' merchandise therein . That concept just hasn ' t taken off , unfortunately . Mr . Scala asked if the refinishing is a significant part of the business . Mr . Carroll stated that he has to admit it is . That part occupies 3 / 4 of the men ' s time , to produce not only for himself , but for the public . They have a very loyal clientele . They ' ve brought them a lot of furniture over the years to strip and refinish . That provides them with a livelihood . Without it , he wouldn ' t be employing four men for just the antique sales . Mr . Scala added that one of the advantages Mr . Carroll has is that one of the operations attracts the other . Mr . Carroll agreed . People come in to browse and see that they do stripping . It takes all of that . If he were just selling antiques under a retail building , even of that size , he wouldn ' t be able to hold his own up there . It takes all the aspects to make a go of it . Town of Ithaca 8 Zoning Board of Appeals . October 11 , 1995 Chairman Austen read the letter from the Tompkins County Department of Planning . ENVIRONMENTAL ASSESSMENT Mr . Kanter noted that he hadn ' t gotten to the bottom line yet but , based on the review of the material submitted for the proposed action , a negative determination of environmental significance is recommended by the staff . Chairman Austen asked for a motion on the environmental assessment . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala . RESOLVED , that the Board make a determination of negative environmental significance for the property at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28 - 1 - 26 : 6 , based on the review by Town of Ithaca Planner II JoAnn Cornish on October 5 , 1995 . Chairman Austen asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . With no one else present to speak , Chairman Austen closed the public hearing . He then asked for a motion on the appeal . MOTION By Mr . Harry Ellsworth , seconded by Air . Pete Scala . RESOLVED , that , in regard to the appeal of Michael J . Carroll , for the property at 1319 Mecklenburg Road , the Board grant a continuation of the variance from Article V , Section 1019 , of the Town of Ithaca Zoning Ordinance , to continue to permit the operation of antique sales and restoration business . This variance also allows the expanded use of multiple dealers in the business , with the following findings and conditions : 16 This approval is based on the fact that there has been no complaints from the neighbors . 2 . The change in the economy is such that the ability to continue to operate as a sole enterprise is hindered considerably and , in order to maintain a viable operation , it ' s necessary to allow the acceptance on consignment of antiques from other antique dealers . 3 . There won ' t be any significant change in the nature of the operation from the application as submitted and as revised and allowed at this meeting . 4 . The owner must continue to maintain residence there . 56 There will be no outside storage of materials whatsoever . 6 . All the stripping business - related matters must be conducted within the confines of the concrete block building . Town of Ithaca 9 Zoning Board of Appeals October 11 , 1995 7 . The operation must be limited to no more than eight full - time persons , including the one principle involved in the operation of the business . 80 There will be no advertising of any nature , other than the sign that is permitted on the property . 90 These findings were made at the Zoning Board meeting on September 12 , 1990 , and are adopted here for a five - year period . Chairman Austen asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . The final appeal to be heard by the Board was as follows : APPEAL of Andrew Ezergailis , Appellant , requesting a variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a single - family residence with a south side building property line setback of 30 ' ( 40 ' required ) , at 1157 Danby Road , Town of Ithaca Tax Parcel No . 36 - 2- 17 , Residence District R- 30 . Mr . Frost clarified that their original building permit application , which they issued , showed what he thought to be a 30 ' setback . The Zoning application , which the Board has before them , and on which he has made a big note , shows a 37 ' setback . He thinks they need to clearly establish what the actual setback is during this meeting . As in past cases , there should be a letter in the packets that will better clarify the purpose of being here tonight . Chairman Austen noted that this is the property , if he remembers right , that they were trying to have the building , the garage and the house adjoined . Mr . Ezergailis said yes . Chairman Austen added that it would have solved the problem of the side lot . Mr . Frost stated that one of the options they had offered Mr . Ezergailis when they issued the building permit , per their interpretation , was that a house with an attached garage can have a setback of 15 ' . Their feeling was that , with the room addition on the south side of the property , if he attached it to his garage , the setback of the house became somewhat insignificant and the setback from the garage to the property line became significant . In the end , for whatever reason Mr . Ezergailis will explain , he did not attach the house to the garage . This left them with the opinion that the house , therefore , had to be a 40 ' setback and that ' s what he ' s appealing now . Mr . Scala asked if the setback now is 37 ' or 30 ' . Mr . Frost said his guess is that it ' s 30 ' . Mr . Ezergailis said it is 37 ' because he has measured it . The 30 ' setback was in the original request for the permit . That was only an estimate . He had not fully measured it . He had only measured it approximately . Just to make sure he is right about that , if they look at the setback from the corner of the garage to the line , he has it 17 . 6 ' now and he had to have it 15 ' to get the permit . Mr . Frost said the original permit was in 1994 . Mr . Ezergailis said that ' s correct . Mr . Frost added that they have twice renewed his permit . Mr . Ezergailis said they measured at that time and decided if the garage is more than 15 ' off the line , consequently he could build an addition with a connecting structure to the garage . That , itself , would indicate that it ' s 37 ' rather than 30 ' . - nn I - Dti� Ay �� +°'•' i d. } Se 1 Town Assigned Project ID Number Rev . 10 / 9C Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART I — Project Information ( To be completed by Applicant or Project Sponsor ) 1 . Applicant / Sponsor : 2 . Project Name : 3 . Precise Location (Street Address and Road fntersections , prominent landmarks , etc . or provide map } : I �3 i � Nld�l�t � elev 2U� Tax Parcel Number : I ? . 15 Proposed Action : 0 NE'Y EXPANS ;CN MODIFiCATICN / ALTcRAi fON 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other I relevant items ) : f v . RI.L ni/ ez � Dt , I I ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affe7with ly (0-S yrs) Acres ( 6 - 10 rs) y Acres ( > 10 yrs) Acres 7 . Flow is the Land Zone7 1 8 . Will proposed action existing zoning or other existing land use restrictions ? YES NO � ribe conflict briefly : � 111 TO1�;lh.l VAle-1AKI I r t3 F a�-L 9 . Will proposed action lead to a request for new : I i Public Road ? YES NO Public Water ? YES NO Public Sewer ? YES NO 10 . What is the present land use in the vicinity of the proposed project ? esidentiai � Commercial f7 Industrial QAgriculture Q Park /Forest /open Space Other Please describe : =Proposed n involve a permit , aeoroval . or funding , now or ultimately from any other governmental agency l) ? YES F1 NO If yes , list agency name and permit /approval /funding : 12 . Does anu aspect of the proposed action have a currentlu valid permit or approval ? YES El NO If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . f I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE � Applicant /Sponsor Name (Print or Type) : I t, - I L re : Date . � � 31Gf MIi=C�jL��P.b �?o.M3 1 IOART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary.) TA. Does proposed action exceed any Type 1 threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law? YES NO It yes , coordinate the review process and use the full EAF. S. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617. 6? YES NO XXX If no , a negative declaration may 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, It legible) C1 . Existing air quality, surface or groundwater quality , noise levels, existing traffic patterns, solid waste production and disposal , potential for erosion, drainage or flooding problems ? Explain briefly: 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 afficially 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 C1 - CS ? Explain briefly: See attached . C7. Other impacts (including changes in use of either quantity or type of energy) ? Explain briefly: See attached . D. Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES NO XX If yes, explain briefly: See attached . E. Comments of staff X CAC other attached. (Check as applicable. ) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect Identifted above, determine whether It Is substantial, large, Important, or otherwise significant Each effect should be assessed In connection with Its (a) setting (ie, urban or rural) ; (b) probability of occurring; (c) duration: (d) Irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suffldent detail to show that all relevant adverse Impacts have been Identifled and adequately addressed. Check here 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 here 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. Town of Ithaca ZonjM Board of Appeals ®ru A A '�I) Name of Lead Agency Prep rs Signature (I# dk nt from Responsible Officer, Mignature terl , Chairman Responsible Officer in ead Agency Signature of Contributing Preparer Date : L f Responsible Officer in Lead A en PART II - Environmental Assessment Michael J. Carroll , Appellant 1319 Mecklenburg Road Request for Variance from Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance Town of Ithaca Zoning Board of Appeals October 11 , 1995 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: C 1 . 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? No significant impacts to air quality, water quality or quantity, noise, solid waste, potential for erosion, drainage or flooding are anticipated . The proposed action is a request for a variance from the Town of Ithaca Zoning Board of Appeals under Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance, to permit the operation of an antique sales and restoration business in a 9,640 square foot accessory building, located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No , 28 - 1 -26. 6, Residence District R- 30. This non-permitted use was granted a time-limited variance on September 12, 1990. C2. Aesthetic, agricultural , archeological historic, or other natural or cultural resources or community or neiLyhborh ood character? No significant adverse impacts to agricultural , archeological, historic , natural or cultural resources are anticipated. The current antique sales operation is in an accessory building located in the rear yard behind the residence. This commercial operation is not visible from Mecklenburg Road and thus does not impact the residential and agricultural character of the neighborhood. Additionally, since the original variance was granted in 1990, a 174.29 +/- acre parcel of land which surrounds the appellant 's property to the west, south and east, was purchased by EcoVillage at Ithaca and has been established as Special Land Use District # 8 . A 33 .9 +/- acre parcel, located to the southwest of the appellant 's property, was purchased by the First Resident' s Group for the development of fifteen duplexes (30 dwelling units), a Common House, and associated site improvements. In accordance with the plans for this Special Land Use District, the area immediately surrounding the subject property is proposed to remain as agricultural. The operation of this antique business, as presented, should not have an adverse impact on these surrounding proposed land uses. However, should the nature of this business change significantly, staff recommends a review of this variance by the Zoning Board . C3 . Vegetation or fauna, fish shellfish or or endangered species? wildlife species significant habitats , or threatened No significant adverse impacts to vegetation or fauna, shellfish or wildlife species, or endangered species are anticipated . i 1319 Mecklenburg Road - EAF Page 2 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? The subject parcel is located in an R-30 Residence District, which allows, among other uses, single and two family homes, specific public and institutional uses, agricultural uses, offices of a resident doctor, dentist, musician, engineer, teacher, lawyer, architect, artist or member of other recognized professions or quasi-professions, and customary home occupations operated solely by a resident of the dwelling and subject to restrictions outlined in Article V, Section 18 and 19. The surrounding land use is primarily rural residential and open fields, brush, and woodland. No commercial development in the portion of the Town where the subject parcel is located is proposed or anticipated in any community plans and goals as officially adopted by the Town of Ithaca. C5 . Growth, subsequent development, or related activities likely to be induced by the proposed action? None anticipated. However, in a letter to the appellant, from Andrew Frost, the Town of Ithaca Building Inspector/Zoning Enforcement Officer, dated May 9, 1995 , the subject of a sign on the property was addressed . The sign reads " Antique Center of Ithaca Multi -Dealer" . It is unclear whether this is permitted under the September 1990 variance. The Board may wish to question the multi -dealer concept when considering this variance. C6. Long term , short term , cumulative or other effects not identified in C1 - 05? None anticipated. CT Other impacts (including changes in use of either quantity or type of energy)? None anticipated. D. Is there, or is there likely to be controversv related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated . PART III - Staff Recommendation Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed . Lead Agency: Town of Ithaca Zoning Board of Appeals Reviewer: JoAnn Cornish, Planner Review Date: October 5 , 1995 OFIp _ _ > TOWN OF ITHACA ,�,� �044- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 May 9 , 1995 Mr . Michael Carroll City Lights Antiques 1319 Mecklenburg Road Ithaca , New York 14850 RE : City Lights Antiques Zoning Violations Dear Mr . Carroll : This letter serves as a follow up to our recent conversations with respect to the operation of your antique business , known as City Lights Antiques ( also known as Bestview Ithaca Inc . ) located at 1319 Mecklenburg Road . The business is currently operating under a use variance granted by the Zoning Board of Appeals on September 12 , 1990 with a term limit of five years or an expiration date of September 12 , 1995 ( a copy of the Zoning Board minutes is enclosed ) . Recently this office observed a sign placed in the front of the property which indicates " Antique Center of Ithaca multi - dealer " . It appears , there- fore , that your antique business has expanded to include other area dealer ' s antiques . You have indicated that the inclusion of other area dealer ' s antiques has occurred , since your business has declined and the current arrangement , which increases business traffic , is necessary . It is understood that other antique dealers are not necessarily on site , only their merchan- dise . It is not clear to me , upon reviewing the minutes and resolutions from the 1990 variance hearing , whether or not your current arrangement , with other area dealers , is permitted . Since the above mentioned September 12 , 1995 expiration date is not that far away , I am asking you to make an application to reappear before the Zoning Board of Appeals . A hearing date of June 14 , 1995 is anticipated . Your reappearance would include your asking for the current variance term to be extended beyond September 12 , 1995 , in addition to asking the Zoning Board to modify their previously granted variance to include the multi dealer concept . I am enclosing a Zoning Board variance application for your convenience . Please submit the completed application to this office by May 19 , 19950 Mr . Michael Carroll May 9 , 1995 Page Two In conclusion , your additional signage ( reading " Antique Center . . multi dealer " ) is in violation of Section 4 . 01 - 1 of the Town of Ithaca Sign law . This section limits the size of a sign in a residential zone to an area of four square feet , for uses ( such as yours ) other than residential . I am willing to delay any enforcement action for this sign violation if you pursue an appearance before the Zoning Board of Appeals on June 14 , 1995 . Should the Zoning Board approve the " multi dealer " concept , you will then have to obtain a variance to maintain your current signage . The process for obtaining a sign variance will require your first having the sign reviewed by the Town ' s Sign Review Board ( the Planning Board ) , obtain their recommendation and then reappear before the ' Zoning Board to seek the actual variance . You can also reduce the property ' s signage to four square feet and avoid this process . Should you have any questions , please feel free to call me . Very sincerely , Andrew S . Frost Building Inspector/ Zoning Enforcement Officer Enclosures ASF / dlh cc : John Whitcomb p u I ♦ � A N � Y I A N I aJ1Ni^l�N .n '- s log loinO _ MI N7 1 Otl /V r _ Q fin . o , n \ d � a w ME N^� � �. . .n Isam °a 1 ' W T Nov En E I "400 •. I L �1 tJ - Id � u •n. . I I i N N ' I w s 1 L1CNi1116 � I ` 1 LL . N J oa. 7(4N L. N w 'w / N ry I I , / N H N n Y i N - I H•• 1 fl 1 p f f I m u I Y N A N N 8 N J m . PV rtf i N P ,1 a tv O � � I N � U - N u In Y . In � I N I loop A I N � /•/ r I . � Y J i-% in Y u c O � ki N Y Y o � u lid � 4 Y _ rw y. y p` Tompkins ,County., DEPARTMENTOF' PLANNING � 121 East Court Street lthac;New York 14850 gam James W. Hanson, Jr. Telephone (607) 274-5560 Commissioner of Planning FAX (607) 274-5578 October 5 , 1995 Mr. Andy Frost Town of Ithaca 126 E. Seneca Street Ithaca, NY 14850 Re: Zoning Review Pursuant to §239 -1 and - m of the New York State General Municipal Law Actium: Renew Use Variancc , City Lights Ar;tiques Dear Mr, Frost: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to § 239 -1 and -m of the New York State General Municipal Law. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Please inform us of your decision so that we can make it a part of the record . Sincerely, RECEIVED James Hanson , Jr. Commissioner of Planning OCT 101995 TOWN OF ITHACA 6UN.DING/ZONING t � Recycled paper :. v F iff OF ITHACA c TOWN OF ITHACA ZONING BOARD OF APPEALS DECEMBER 9 , 1992 THE FOLLOWING MATTERS WERE HEARD ON DECEMBER 9 , 1992 BY THE BOARD : APPEAL OF THOMAS D . FOX AND MARIA COSTANZO , APPELLANTS , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO EXTEND A NON- CONFORlvlING PROPERTY LOCATED AT 15 REN11ICK HEIGHTS ROAD , TOWN OF ITHACA TAX PARCEL N0 , 17 - 3 - 21 ; RESIDENCE DISTRICT R - 15 , THE EXTENSION INVOLVES THE CONSTRUCTION OF A 10 X 32 FOOT ADDITION TO THE NORTH SIDE OF AN EXISTING SINGLE FAMILY HOME . THE PROPERTY IS NON-CONFORMING BECAUSE AN EXISTING GARAGE IS LOCATED 0 . 9 FEET ( + OR - ) FROM THE SOUTH SIDE PROPERTY LINE , 10 - FOOT GARAGE SETBACKS BEING REQUIRED . THE HOUSE AND THE PROPOSED ADDITION MEET ALL OTHER REQUIREMENTS OF THE ORDINANCE , APPROVED , APPEAL OF MICHAEL CARROLL , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO EXTEND A NON- CONFORMING BUILDING LOCATED AT 1319 MECKLENBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 28 - 1 - 26 . 6 , RESIDENCE DISTRICT R- 30 . THE EXTENSION INVOLVES THE CREATION OF A FOURTH DWELLING UNIT IN AN EXISTING THREE -- FAMILY HOI-lE . RESIDENCE DISTRICT R - 30 ZONES PERMIT ONLY ONE AND rnAIO FAMILY RESIDENTIAL BUILDINGS . APPROVED WITH CONDITIONS , ADJOURNED APPEAL ( FROM NOVE14BER 18 , 1992 ) OF CORNELL UNIVERSITY , APPELLANT , BONNIE J , VANAI4BURG , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE VII , SECTION 38 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ALLOW FOR A REDUCTION IN THE NUl%fBER OF AUTOMOBILE PARKING SPACES LOCATED AT THE EAST HILL PLAZA , JUDD FALLS AND ELLIS HOLLOW ROADS , TOWN OF ITHACA TAX PARCEL NO . 62 - 2 - 1 , 1211 - 1 . 122 AND 62 - 2 - 12 , BUSINESS DISTRICT C . SAID ORDINANCE REQUIRES 611 PARKING SPACES , WHILE 556 SPACES ARE CURRENTLY AVAILABLE , WITH A REDUCTION TO 503 SPACES PROPOSED , THIS APPEAL IS PROMPTED BY PROPOSED CHANGES TO IMPROVE TRAFFIC CIRCULATION AND TO PROVIDE FOR LANDSCAPE IMPROVEMENTS AT THE PLAZA . CARRIED WITH CONDITIONS . �Zy OF I T� 9 TOWN OF ITHACA 1 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 De ember 3 , 1993 Mr . Michael Carroll 1319 Mecklenburg Road Ithaca , New York 14850 RE : Expired Special Approval Dear Mr . Carroll : Please be advised that the specia approval granted to you on December 9 , 1993 by the Town of Ithaca Zoning Board of Appeals or the use of your residence at 1319 Mecklenburg Road as a four unit multiple residence , has expired effective September 1 , 1993 . As we have discussed , the temporary approval was dictated by your need .to obtain variances from New York State , for devia ions from the requirements of the New York State Uniform Fire Protection and Building Cod ( the Code ) in the construction of the fourth dwelling unit , as well as , your need to r appear before the Zoning Board seeking a use variance . The use variance is to maintai a four unit building in an area zoned for only two dwelling units . As you recall , the fo rth dwelling unit was created without a town building permit and out of compliance not my with the building code , but also the Zoning Ordinance . The Zoning Board ' s special app oval essentially gave you time to accomplish the above noted tasks . I am aware that you have not obtained y variances from either New York State or . the Zoning Board . I am assuming that , since you were aware of the September 1 , 1993 expiration date , that the fourth dwelling unit is no longer be ng occupied . I am asking you to arrange with this office , a time that we may inspect the premises to verify that the fourth dwelling unit - no longer exists . I hope such a� inspection can be conducted by December 31 , 1993 . If the dwelling unit is still being occupi d , please be advised that it is being done so in violation of Title 19 , Part 444 of New Yo State Executive Law ( the use of the unit without a Town Certificate of Occupancy ) , as wel as Article XII , Section 54 and Article XIV , Section 75 of the Town of Ithaca Zoning Ordi ance . It is expected that if the unit is currently occupied , that it will be unoccupied and in compliance with New York State and Town Law by December 31 , 1993 ( with an inspec ' on conducted by that time ) . Should you have any questions , please don ' t hie1itate to call me . Ve sincerely , n Andy ) S . Frost Bu ' ' g Inspector/ Zoning Enforcement Off er ASF / dlh cc : Shirley Raffensperger John Whitcomb o[ Ed Austen Q I OF IT a TOWN OF ITHACA 1 126 EAST SENECA STREET, ITHACA , N . Y. 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 December 9 , 1993 Mr . Michael Carroll 1319 Mecklenburg Road Ithaca , New York 14850 RE : Expired Special Approval Dear Mr . Carroll : Please be advised that the special approval granted to you on December 9 , ' 1992jby the Town of Ithaca Zoning Board of Appeals for the use of your residence at 1319 Mecklenburg Road as a four unit multiple residence , has expired effective September 1 , 19930 °al was dictated by your need to obtain from the requirements of the New York State Code ) in the construction of the fourth Q P '�� � ►r before the Zoning Board seeking a use CC � .� )u unit building in an area zoned for only dwelling unit was created without a town Cp - - with the building code , but also the Zoning essentially gave you time to accomplish T V\ I ( variances from either New York State or the ) f the September 1 , 1993 expiration date , Rg occupied . I am asking you to arrange ze premises to verify that the fourth a inspection can be conducted by December Led , please be advised that it 'is being done ork State Executive Law ( the use of the unit ell as Article XII , Section 54 and Article rdinance . It is expected that if the unit ied and in compliance with New York State jection conducted by that time ) . � t hesitate to call me . Very sincerely , areh Frost Building Inspector/ Zoning Enforcement Officer cc : Shirley Raffensperger I John Whitcomb Ed Austen Town of Ithaca 3 Zoning Board of Appeals December 9 , 1992 APPEAL OF MICHAEL CARROLL , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO EXTEND A NON-CONFORMING BUILDING LOCATED AT 1319 MECKLENBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 28- 1 - 26 . 6 , RESIDENCE DISTRICT R- 30 . THE EXTENSION INVOLVES THE CREATION OF A FOURTH DWELLING UNIT IN AN EXISTING THREE-FAMILY HOME , RESIDENCE DISTRICT R- 30 ZONES PERMIT ONLY ONE AND TWO FAMILY RESIDENTIAL BUILDINGS , Mr . Frost presented photographs of the house and the property in question . Chairman Austen explained that the extension took place before the variance was granted . Mr . Frost explained that the footprint was not necessarily increased , but the use is being increased . Mr . Michael Carroll appeared before the Board and gave background information on the property and explained how many people live in the house . He stated that the house in question has 17 rooms . Mr . Pete Scala asked Mr . Carroll if he resides there nou and if there were three tenants presently . Hr . Carroll responded that he did reside there and there are three tenants . Chairman Austen questioned who lives there now . Hr . Carroll responded that himself and Mr . Chase live in the main part of the house , sharing the upstairs and the kitchen . He stated that there are four bedrooms on that side . There are two bedrooms in the main part of the house which are not being used . He further explained that there are a total of seven people living in the house . Mr . Carroll stated there are 17 rooms in the house . Discussion followed regarding the existing and the new plumbing . Attorney John Barney questioned Hr . Carroll on the occupancy of the building since 1971 when he purchased the property . Hr . Carroll stated that all three apartments have been occupied since he purchased the property . Discussion followed whether the property is non- conforming . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Further discussion ensued regarding the plumbing and kitchen fixtures . Chairman Austen closed the public hearing . Environmental Assessment MOTION By Hr , Robert Hines , seconded by 11r . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance with respect to the appeal of Mr . Michael Carroll to extend a non - conforming building located at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28 - 1 - 26 . 6 , Residence District R- 30 , as recommended by Planner of Richard A . Eiken , on December 2 , 1992 . A vote on the motion resulted as follows : . i Tom of Ithaca 4 Zoning Board of Appeals December 9 , 1992 Ayes - Hines , Scala , Ellsworth , Austen . Nays - None . The motion carried unanimously . [ The Short Environmental Assessment Form is attached hereto as Exhibit # 2 . ] MOTION By Mr . Robert Hines , seconded by Mr . Pete Scala : RESOLVED , that the Tom of Ithaca Zoning Board of Appeals grant to the Appellant , Mr . Michael Carroll , Special Approval for the construction , in accordance with the laws and regulations of the Town , for the fourth dwelling unit at 1319 Mecklenburg Road , Tax Parcel No . 28 - 1 - 26 . 6 , with the following findings and conditions : i . Having reviewed the requirements of Section 77 , Paragraph 7 , Sub - paragraphs a through h and in light of the application and the facts submitted , and adopting those factual findings made by the Planning Department in connection with the environmental impact statement , this appeal is consistent with those findings . 2 . Having reviewed the photographs and having observed this property , there will be very little , if any , impact on the character of the neighborhood , either architecturally , traffic - raise , or by the number of people . 3 . There is concern about e :o:tending the number of units in an R - 30 Zone by means of this Special Approval procedure and that a condition be imposed that at some time in the future the Appellant file for a variance for this property . 4 . That the Special Approval terminates September 1 , 1993 . 5 . That there shall be no more than eight people occupying the entire building . A vote on the motion resulted as follows : Ayes - Hines , Scala , Ellsworth , Austen . Nays - None . The motion carried unanimously . The final Appeal to be heard by the Board was the following : ADJOURNED APPEAL ( FROM NOVEMBER 18 , 1992 ) OF CORNELL UNIVERSITY , APPELLANT , BONNIE J . VANAMBURG , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE VII , SECTION 38 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO ALLOW FOR A REDUCTION IN THE NUMBER OF AUTOMOBILE PARKING SPACES LOCATED AT THE EAST HILL PLAZA , JUDD FALLS AND ELLIS HOLLOW ROADS , TOWN OF ITHACA TAX PARCEL NO . 62 - 2 - 1 . 121 , - 1 . 122 AND 62 - 2 - 12 , BUSINESS DISTRICT C . SAID ORDINANCE REQUIRES 611 PARKING SPACES , WHILE 556 SPACES ARE CURRENTLY AVAILABLE WITH A REDUCTION TO 503 SPACES PROPOSED . THIS APPEAL IS PROMPTED BY PROPOSED CHANGES TO IMPROVE TRAFFIC CIRCULATION AND TO PROVIDE FOR LANDSCAPE IMPROVEMENTS AT THE PLAZA , Chairman Austen stated that he had talked with the Planning Board Chairperson and found the Planning Board to be supportive of this project for safe traffic control . ( Town Assigned Project ID Number Rev . 10 / 90 Town of Ithaca Environmental Review NOV 1992 SHORT ENVIRONMENTAL ASSESSMENT FOR OWN OF ISHACIA. For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins Cour"Lgh Y/ZONING PART 1 - Project Information ( To be completed by Applicant or Project Sponsor ) 1 . Applicant /Sponsor : 2 . Project Name : CORNELL UNIVERSITY / John Majeroni East Hill Plaza Landscape Improvements 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map ) : Judd Falls Road and Ellis Hollow Road Ithaca , NY Tax Parcel Number : Town of Ithaca 62- 2- 1 . 121 , 1 . 22 , 12 14 . Is Proposed Action : NEW D EXPANSION MODIFICATION / ALTER nTiON ^, escribe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : Improve landscape and traffic circulation in the East Hill Plaza parking lot to handle both present uses and all future uses currently allowed under Town of Ithaca zoning , including the development of parcel 62- 2 - 1 . 22 for future retail / resturant / office uses . i i I I � ( Attach separate sheet (s) if necessary to adequately describe the proposed project . ) r ' 5 . AmOUnt of Land Affected : initially (0- 5 yrs) 12 . 4 Acres ( 6 - 10 rs) _ y 0 Acres ( > 10 yrs ) 0 How is the Land Zoned Presently ? Business C _ . dill proposed action comply with existing zoning or other existing land use restrictions ? YES NO i i 17 If no , describe conflict briefly : Will create parking shortage . i Will proposed action lead to a request for new Public Road ? YES NO Public Water . YES �j i NO ❑X Public Sewer ? YES C NO 10 . What is the present land use in the vicinity of the proposed ect ? pro � Residential L Commercial Industrial Agriculture L7 Park /Forest /Open Space D Other Please describe : Educational i I 1 . Does proposed action involve a permit , aporoval , or funding , now or ultimately from any other governmental agency (Federal , State , Local ) ? YES NO 7 If yes , list y name and p agency permit / approval / funding : I I ' 1 2 . Does anti aspect of the proposed action have a currently valid permit or approval ? If yes , list agency name and permit YES © NO a P / approval . Also state whether that permit /approval will require modification . i Existing Town of Ithaca Site Plan approval will require modification 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE \ Dplic ant /Sponsor Na a (Print or Type ) : CORNELL UNIVERSITY / Real Estate Department , John Majeroni Signature : � Date : 1y l 2 East l Plaza : necessary )g i a n c PART 11 E NY IRON MENTAL ASSESS M E NT (To be completed by the Town of Ithaca ; U attachments s A . Does proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 . 12 or Town Environmental Local Law ? YES NO ® If yes , coordinate the review process and use the Full EAF , B . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617 .6 ? YES NO ® ( If no , a negative declaration may be superseded by another involved agency , if any .) L; . Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legible) Cl . Existing air quality , surface orgroundwater quality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly : SEE ATTA= C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or neighborhood character ? Explain briefly SEE AMA= C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain briefly SEE ATTACK 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 ATT.A= C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Explain briefly SEE =A= C6 . Long term , short term , cumulative , or other effects not identified in C1 - C5 ? Explain briefly : SEE ATrA= C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? Explain briefly : SEE ArIrAC = D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES NO Yg If yes , explain briefly E . Comments of staff ® , CAC 1 , Other 11 attached . (Check applicable boxes) PART 111 — DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca ) Instructions : For each adverse effect identified above , determine whether it is substantial , large , important or otherwise significant . Each effect should be assessed in connection with its (a) setting (ie . urban or rural) ; (b) probability of occurring ; (c ) duration ; (d) irreversibility ; (e) geographic scope ; and (f) magnitude . If necessary , add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur . Then proceed directly to the full EAF: and /or prepare a positive declaration . Check this box if you have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach- ments as necessary , the reasons supporting this determination . / ZONING BOARD OF . APPEALS Name of Lead Agency Preparer 's Signature If different from Responsible Officer) Edward N . Austen , Chairman Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer Date : Signature of Responsible Officer in Lead Agency PART II - Environmental Assessment East Hill Plaza Proposed Parking Improvements Judd Falls and Ellis Hollow Roads ; Business District " C " Zoning Board of Appeals : Variance for Number of Parking Spaces November 13 , 1992 A . Action is Unlisted Be Action will not receive coordinated review C . Could action result in any adverse effects on , to or arising from the following : C1 . 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 ? None anticipated . The proposed internal traffic circulation improvements at East Hill Plaza include additional landscaping and modification of driveway configurations , in order to improve the appearance of the shopping area and to facilitate safer and more efficient traffic circulation on the site . The proposed improvements , however, will result in a reduction of 53 parking spaces , from 556 to 503 total spaces . Under existing conditions , a total of 542 parking spaces are required by the Zoning Ordinance . A traffic study prepared by Travers Associates indicates that actual parking demand for the plaza is 434 parking spaces . At the present time Cornell does not have any plans to expand the shopping center, but indicates in the traffic study that the plaza could be expanded by 13 , 780 square feet, and that such an expansion would result in 611 parking spaces being required ( only 490 actual demand estimated ) . Although Planning Staff does not necessarily concur with the future expansion potential projected by Cornell, it appears that there will be sufficient parking available to accommodate such an expansion if their figures prove to be accurate . Planning Staff notes that there is a 30 % open space requirement in the Business " C " District which may limit future expansion of East Hill Plaza. The reduction in parking will not result in effects to existing air quality , surface or groundwater quality or quantity , noise levels , effects from solid waste production or disposal, or from erosion , drainage or flooding problems . C2 . Aesthetic , agricultural archeological historic or other natural or cultural resources or community or neighborhood character? The proposed landscaping will improve the appearance of the shopping center, and will therefore be compatible with adjacent uses . No significant adverse impacts to agricultural, archeological, historic , natural or cultural resources have been identified . C3 . Vegetation or fauna fish shellfish or wildlife species significant habitats , or threatened or endangered species ? EAF Part II ( cont. ) East Hill Plaza: Variance for Parking Spaces Board of Appeals , November 13 , 1992 None anticipated . The site is fully developed as a commercial use . 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 ? No significant impacts are anticipated . The proposed landscaping and traffic flow improvements are compatible with existing plans and goals of the Town . The proposed reduction of 53 parking spaces will result in 39 spaces fewer than what is required by the Zoning Ordinance , and a variance is being sought for this condition . The traffic study prepared by the applicant indicates that sufficient parking would exist following the improvements , and therefore no significant impacts are anticipated . No impacts are anticipated to the use or intensity of use of land or other natural resources . C52 Growth , subsequent development, or related activities likely to be induced by the proposed action ? None anticipated . C6 . Long term, short term , cumulative , or other effects not identified in C1 - 05 ? None anticipated . Future expansion of East Hill Plaza will be limited , therefore the reduction in parking will not have any future impacts . 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 ? None anticipated . � 1-v b° � PART III - Staff Recommendation , Determination of Significance Based on review of the materials submitted for the proposed action , the existing character of the area, the proposed traffic circulation and landscaping improvements, and the information above , it has been determined that no significant impacts are anticipated , therefore a Negative Determination of Environmental Significance is recommended for the action as proposed . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer: Richard A . Eiken , Planner Review Date : November 13 , 1992 OFI TOWN OF ITHACA �,� � �~� 126 EAST SENECA STREET, ITHACA , N . Y. 14850 >� Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-17 ; 3 September 1 , 1992 -6o Jim 9,F t7 CiaWy4P_�) v i� UICL �y Ca C11) fio Of Mr . Michael Carol 4a � � �^ vN •� IQj0j . To `Lid J. wovid W(X." Mr . Burr Chase li q� ,aN h 16 - � - 52 �o� a u - �iZ Z .g,o , og 1319 Mecklenburg Road ``/'P y Ithaca , New York 14850 RE : Building and Zoning Violations Dear Mr . Carol and Mr . Chase : This letter serves as notice that your property at 1319 Mecklenburg Road is in violation of Article XII , Section 54 and Article XIV , ' Section 75 of the Town of Ithaca Zoning Ordinance . The violations are the result of your converting a portion of your non - conforming three family home into a fourth dwelling unit without first obtaining authorization from the Town ' s Zoning Board of Appeals and without first obtaining a building permit . Please be aware , however , that I cannot determine when and how your home became a non - conforming three - family home . The building at one time appeared to have been a large single family home on a . farm . Over the years ' it appears the building has been enlarged and there is no record of building permits being issued or authorization given creating a two or three dwelling unit building . In order to resolve the above noted violations , you must do the following : 1 ) Appear before the Town ' s Zoning Board of Appeals to seek authorization to enlarge your non - conforming building to four dwelling units , as required by Article XII , Section 54 of the Ordinance . 2 ) Assuming such authorization was granted , you will need to submit a building permit application to this office for the creation of the fourth unit . Plans accompanying such applica - tion will need to be prepared by a New York State Licensed Architect or Professional Engineer . The plans will need to include specifications for the installation of an automatic fire suppression sprinkler system , specifically in the new dwelling unit . Please be advised that current Town of Ithaca Law requires that a sprinkler system be installed in all existing three family homes ( or larger ) by July of 1998 , while new dwelling units require installation at the time of their construction . Such conversion will also require your obtain - ing the proper approvals from the Tompkins County Health Department with respect to private sewage systems . 2 - 3 ) An alternative to the above would be to cease utilizing the newly created fourth dwelling unit and return the space to its original condition prior to your illegal conversion . The work must include the elimination of the fourth electrical meter , as well as the newly created kitchen ( which by definition is integral to a dwelling unit ) . If you choose to eliminate the fourth dwelling unit , I am asking that this be immediately done . A reinspection will be required to verify such elimination . To pursue making the space legal , please submit the enclosed application for " special approval " ( authorization ) to be granted by the Zoning Board of Appeals . I would anticipate being able to schedule you for the October 14 , 1992 Zoning Board of Appeals meeting . Please be advised that any use or occupancy of the newly created fourth dwelling unit , without first obtaining a building permit and ultimately a Certificate of Occupancy , is a violation of Title 19 , Part 444 of New York State Executive Law , as well as Article XII , Section 54 and Article XIV , Section 75 of the Town of Ithaca Zoning Ordinance . I am asking that you contact me by September 8 , 1992 as to your intentions . Sincerely , ��'Z�/LU✓t �ilN i / Andrew Frost Building Inspector / Zoning Enforcement Officer AF / dlw Enclosure cc : Shirley Raffensperger John Barney 1 r THE NEW YORK BOARD OF FIRE UNDERWRITERS PAGE 1 r-- 7000695 BUREAU OF ELECTRICITY 202 ARTERIAL ROAD, SYRACUSE , NEW YORK 13206 Date JULY 24 , 1992' Application No. on file 04857492 / 92 S 02507 t THIS CERTIFIES THAT l a Q only the electrical equipment as described below and introduced by the applicant named on the above opplication number in the premises of BurA Chase , 1319 MECKLENBURG RD . , Tai . ITHACA , N . Y . in the following location ; ❑ Basement ❑ lat Fl. ❑ 2nd Fl. Section Block Lot was examined on JULY 22 , 199i and found to be in compliance with the requirements of this Board, FIXTURE RECEPTACLES SWITCHES FIXTURES RANGES COOKING DECKS OVENS DISH WASHERS EXHAUST FANS OUTLETS INCANDESCENT FLUORESCENT OTHER AMT. K. W. AMT. K. W. AMT. K.W. AMT. K. W. AMT. H. P. 4 12 12 - 4 DRYERS FURNACE 'MOTORS FUTURE APPLIANCE FEEDERS SPECIAL REC'PT TIME CLOCKS BELL UNIT HEATERS MULTI-OUTLET DIMMERS AMT. K. W. OIL H. P. GAS H. P. AMT. _ NO. A..W. G. AMT. AMP. AMT. AMPS. TRANS. A/AT. H P SYSTEMS AMT. WATTS NO. OF FEET I . 1 5 SERVICE'DISCONNECT NO. OF : ' S E R V I C E AMT. AMP. TYPE f. I METER NO. OF CC. COND. A. W. G. A. W. G. A. W. G. • EQUIP. � 'g 1.1-0 3 ,B' 3W 3 ,B AW PER g OF CC. COND. NO. Of HFLFG OF HIAEG NO. OF NEUTRALS OF NEUTRAL-T 10 CB _ �,� 4 C. X- 1 4 / 0 I 2 / 0 ;- OTHER APPARATUS: PANELBOARDS : 1 - 10 CIR.* 100 ELEC . WATER HEATERS . , 1 - 3 . 5 =K . k' . RECEIVED G . F . C . I : - 3 , SMOKE DETECTOR : = 1 '` UL 2 8 1992 CkQaC m tc%N,-\� 9L oo c TOWN OF ITHAC BUILDING/ZONING 5 WALTER PAGLIARO 3108 DU BOIS ROAD ITHACA , NY , 14850 BR CH M NAGER a - a-� GC 48 1 Pe i This certificate must not be altered in any manner; return to the office of the Board if incorrect, Inspectors may be identified by their credentials. COPY FOR BUILDING DEPARTMENT. THIS COPY OF CERTIFICATE MUST' NOT BE ALTERED IN ANY MANNER . Y 'R Poe SR Ilk or tt 1 r< �r JR, „ t V s t ±: +. ;}4f 3 a r •r A t J * � � � � F A�•.S'�nt ;j ,+ � � � y ok.. itz, � 3ti. e,�� + , :} �"t �t7F_e �Y•i y a . t " 3 t it � r -+' -:-- �k 1 r.:.r - ',� '- � 'tYT� � x - 2- f s��t ' �"s?:•j t .� _ s 6.ffty`�.'. . ct � r t t6it •i. r„=i q; y.�•"*f.' � u !, 't�S 3aY N,�,�5 {,. . 4' •�r ` 1 i. •. gjE`'F a�r °c '+ -' ,,�tk��irvc�,PyY.•4� sti�sf �� z< rt? �'�'�� �_ i' / x fo t t ell LIN - �: Vii' �'•I- � 4 •� r:_ AL I �t, • f u ., rte' � � +'� l" •_'�' •�� fp Li Ail r M V t ,���\ r +,som. ;*now. q 11r'�r� .�•'"•, „ ri. +! • F r 0. jFj rl Ir w I r J'� .tis am- �r TOWN OF ITHACA FEE: $100.00 126 East Seneca Street RECEIVED: Ithaca, New York 14850 CASH - ( ) (607) 273-1747 CHECK - ( ) S P E C I A L A P P R O V A L ZONING: A P P E A L For Office Use Only to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca, New York Having been informed that authorization is required to: 0 r?,r e: 01.1 E D C_ L-L �J G UNl"r I N-ro Z (✓uit-- t�f. ING uN «'=j , rlrJ = ISTIt-t !� L/ I IL1� I �1 � .� I MGR EASIti1lr "r6-rt, L UN 1-r S FrLO/ln Te, at Town of Ithaca Tax Parcel No. as shown on the accompanying application and/or plans or other supporting documents. The Special Approval authorization is requested pursuant to: Article(s) , Section(s) , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this request for Special Approval authorization. (Additional sheets may be attached as necessary. ) By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. Project Name: � ► -ry LIGF{ "r > Phl 'T12JitS (r �41STING TZ_6.5, AL L�0 1 '_171r1 �� Printed Name Owner/Appellant: M I G (4 L EF L C_t- r!Z© L_L Date: Signature of Owner/Appellant —� - Date: Q2— Signature of Appellant/Agent: Date: Home Telephone Number: Work Telephone Number: 2 7? ' 7,f9 O PLOT PLAN INFORMATION TO BE SHOWN: 1. Dimensions of lot. 4. Dimensions and location of proposed structure(s) or 2. Distance of structures from: or addition(s). a. Road, 5. Names of neighbors who bound lot . b. Both side lot lines, 6. Setback of neighbors. c. Rear of lot. 7. Street name and number. 3. North arrow. 8. Show existing structures in contrasting lines. EE Q t-I A G N 1✓b i `t' t✓ (� L A r`i Signature of Owner/Appel 1 ant*,- -` Date: / Z Signature of Appellant/Agent: Date: f � . Ik I I Q NQ I M N ' If of ~ \ 0 CY a fl to, tot VOU ' c N3A � !d oor In Quo 1 JIM 091 I ' t�a — I a N � vu N I I � c .1 ri wnu ^ I N u Q woes N v e0! ooa �0 tub x ml ^ ^ I " N Ofill a h oi I oc o O � / !D u N v , w 9 ' 026 F I � / Ix / J I a V low 9c ' op N �,j $ � C a a ip N u 1r1 N •9t9 I in ov to � I I N'19f l {Of Im wN - I ' I Q j N a 0 N 'n I h I _ � fc'oc CY I w Q or Its I P if Sal I.F . � TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, SEPTEMBER 12, 1990 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 12, 1990, 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 the Tompkins Community Hospital, Appellant, Graham King, Director of Physical Plant, Agent, requesting a variance from Article XIII, Section 59A, of the Town of Ithaca Zoning Ordinance, for the installation of two roof mounted satellite dish antennae, proposed to be located at the Tompkins Community Hospital, 101 Dates Drive, Town of Ithaca Tax Parcel No. 6-24-3-2. 1, Residence District R-30. Said Ordinance permits free standing dish antennae, but does not permit roof mounted dish antennae in Residential Zones. The proposed antennae are six feet and eight feet in diameter and will actually be attached to the exterior 4th floor wall at the roof area. APPEAL of Bestview Ithaca Inc. , Appellant, Michael Carroll, Agent, requesting a variance from Article V, Section 18 and 19, of the Town of Ithaca Zoning Ordinance , to permit the operation on antique sales and restoration business in a 9,640 square foot accessory building, located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 6-28- 1-26 . 6 , Residence District R-30. Said Ordinance does not permit antique sales and restoration as a primary or accessory use in a residential zone . 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: September 4, 1990 Publish: September 7 , 1990 . Town of Ithaca 4 Zoning Board of Appeals September 12 , 1990 The next Appeal on the agenda was the following: APPEAL OF BESTVIEW ITHACA INC. , APPELLANT, MICHAEL CARROLL, AGENT, REQUESTING A VARIANCE FROM ARTICLE V, SECTION 18 AND 19, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO PERMIT THE OPERATION OF ANTIQUE SALES AND RESTORATION BUSINESS IN A 9, 640 SQUARE FOOT ACCESSORY BUILDING, LOCATED AT 1319 MECKLENBURG ROAD, TOWN OF ITHACA TAX PARCEL No. 6-28-1-26. 6, RESIDENCE DISTRICT R-30. SAID ORDINANCE DOES NOT PERMIT ANTIQUE SALES AND RESTORATION AS A PRIMARY OR ACCESSORY USE IN A RESIDENTIAL ZONE. Mr. Michael Carroll, Agent, appeared before the Board. He stressed that his business is a continuing operation, being that they have been doing this operation basically since 1974 , with a corporate name change and then a split in the corporation involved in the property; one being the ownership of the property and the other still running the antique business but under the same basis since 1974 . He said they have had no complaints or anyone from the Town notifying them that they are creating a hazard of any kind. Mr. Carroll explained that one of the problems that that particular property faces is that they purchased it as an empty building but at the time they purchased it, the preceding owners were running it as an agri-bio business, where the owners had built these cinder block buildings on the property right behind the residential house next to the dairy barn which has since left us due to a fire in 1976 . Mr. Carroll stated that they now occupy the 9, 648 square foot building with the antique business to make use of the buildings that existed. The buildings were really built for a commercial business. He said that they are making use of the buildings as they are without expanding them or creating more space. Mr. Frost interjected that he had a communication from Contel Inc. , inquiring about putting a 70-foot cellular telephone, antenna on this property, which resulted in his going back into numerous hearings that have been before this Board in the past and determining, ultimately, that this had been approved but one of the conditions on the last approval for the use was that that be a two year permit. He said that at some point in time there was to be a hearing that never occurred back in the 70 ' s so the l actual continuation has never had the continued blessings of the Board. As far as the cellular telephone issue, that may be a Town of Ithaca 5 Zoning Board of Appeals September 12 , 1990 matter that the Board may hear in a couple of months but that is a separate issue. Mr. Carroll stated that they are considered a small business. He stressed that they do not generate a high volume of traffic on that hill due to their commercial business. Chairman Aron opened the public hearing. No one appeared to address the Board. Chairman Aron closed the public hearing. Chairman Aron read from Part III of the Environmental Assessment signed by George Frantz on September 6, 1990, which is _ attached hereto as Exhibit #2 . Mr. King asked Mr. Carroll how much residential construction has occurred within 500 feet on either side of his property. Mr. Carroll responded that there has been none, to date. He said that he owns 6. 9 acres of land in that parcel and the rest of it is bounded by agricultural land. As far he knows it is to remain what it is now, which is open land. Environmental Assessment MOTION by Mr. Edward Austen; seconded by Mrs. Joan Reuning: RESOLVED, that, in the matter of the Appeal of Bestview Ithaca, Inc. , requesting a variance from Article V, Sections 18 and 19, of the Town of Ithaca Zoning Ordinance, to permit the operation of antique sales and restoration business in a 9, 648 square foot accessory building located at 1319 Mecklenburg Road, the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance. Ayes - Austen, Reuning, Aron, King, Hines. Nays - None. Chairman Aron asked Mr. Carroll to tell the Board exactly what he does at that location for his business. Mr. Carroll stated that basically they are a retail sales outlet for antique furniture and they are also a restoration shop for antique furniture and that includes repair, stripping and refinishing. He said that they have two different stripping systems for the furniture. One is not considered flammable; it is considered biodegradable by EPA regulations. The other one is flammable but that is in terms of waste materials drawn away by • the • • • Town of Ithaca r, r , C, 6 Zoning Board of Appeals ; c ; , - September 12, 1990' company,,caccerding3 to:. regulation;3t -it, is) notJ: dumped- Oh- --the -- - property, in no way is there residue onc,the:-property after the process. _- __ • Vfi':?'l<l; - y e-rn . "3Po. '_ .:4c. Vrr.. - Chairman Aron asked Mr. Carroll how many employees he has in". 'his'sbusiness 42 se. . . - mU3' r ,. : n r F,rlr3:.h nrf r',.c . ,. Mr. Carroll stated that he has 5 employees at the present time candrtherecis ono..intent0to increasdcthat:number; He=does not expect the =businessrto__grow .fromrwhat- it is today. is :r--, • After ;further.`.discussion, Chairman Aron. asked °the •Board for a motion on the matter. - i :;MOTION_,:._ , . >, ., r . ._ . _ '. ? . . . . - - t• r- ' 0C. or' - _.:Jh ' _ . : _. _••r:By. Mr. •Edward(rKing.: ._ RESOLVED, that`. the)LTown of.,rlthacei Zoning 'Board•I--oft Appeals finds the following: - _ n r::. >i:. - _ . . - .. . .'i1=i the _Applicant 'would-_sustainc.rai unique `_hardship: if ° he-! were inot ,permitted:_.the,',continued 1 use -tof the - large ,.,,, building .to _they -south- of__ his/ residence for a- -limited business: use such as has cbeenb..conducted ion';the\premises for the past 15 and more years. _, J;L, '1J 7fi,t-• :•t:;f : :that, i thes,hardship,-'is 'unique i;:to'. him: because•;!ofi'.=the :existence 'of this large building and that. iit .woulddrbe a .::financial; )hardshipJ.for him.) notz:•tap rbe ablesr:to 'make rts..:^ s„ :productivec•.use: ofs:it such-:es .this,:-which appears 'to be c.r,.t :' a .low impact useD:at= this time': _ ,c ....; ir.rfi ;tb :. bxr - .. -n._ :�.7 (i'*Jf7 �' {.: - E; ; : ..r✓ , .. : 3 : `.,that athe,Continued- use also: isr.:likely!Lto cinsure;'the retention of the buildings in a betterFstate-rof -repair to deter their deterioration and if this Use Variance ;is::grantedzc:it will'.not:altercrtherdessential'character of f_:r *. , _ r:J.the-,neighberhood1 ,c` l: ❑ -,F,f L.�:. _: i ;_ Li•: .i.w' c z'cl 'i 1r, , - 4... ' that.,--because at: is -in, a: residential neighborhood;`., it \15 a would-:,be• wise. -to :limit -thefvariaiice • to -a period': of _ _ - ' -three' years with +leave :to the) applicant to %apply 'for' an - `: ': extension .of that '.varianceurany;ctimer: after atwo•ryears ci- .L =n from date: . .; . _ , • •.i. ,c--. -.`(; qs<, i_ I, " :. 11.8f1` _-j'i;r: ... .. 5. that if the productive use of these premises intensifies, the applicant should be required then to - come back to the Board for a reconsideration of the variance. . Town of Ithaca • - 7 Zoning Board of Appeals September 12, 1990 . - .. 6. thatino one appeared_-before the Board_=in .opposition to • the-proposal. -- 7. the business operation is not visible from the highway. . - AND, FURTHER RESOLVED, that the variance be granted with the following condition: 1. , that there not be_any significantrchanges insthe ;nature of the' operation from- the application as submitted'." - Discussion followed regarding- the. time period that should be allotted for the variance. - _ • _' _.& Mr. Hines stated that he wants it in the record -that if he votes' for this Use Variance, it is because he could do so with a clear understanding that the owner of .the 'property is amortizing this and Mr. Hines does not want to hear that Mr. Carroll has the same hardship 5 years fromm.now as he''_does now;.. Mr. King argued that it is his view that there is nothing to be -gained significantly- for' the, Town• or- the -surrounding. lands to ,put -Mr. Carroll,,out ' of.-business,' now or =3 years. or ' S years from -now as long as the.:situation remains as it is_ :at that location, _pretty .much totally undeveloped residential, zone* . ' Town Attorney Barney stated that to make an argument, he :thinks there is ; a hardship by virtue' dtrthe'Aunique characters of _the buildings' and. the' . : inability to - Ilse : them for any other reasonable, functional- use;. That isAn acceptable' hardship. If theABoard . finds that ' hardship, then it . is. a permanent hardship. He said that most of the •time: the': Board does not- put time limits on it but he thinks what is happening here is that the Board 2r; .wants- to (balance ' that hardship against ,what is -going on in the ,surrounding area.; _ • . Mr.,-Carroll :-explained-" that being young'=•and:naive and going in and buying that property and dealingr:with. a very_'large parcel with a lot of buildings, he had no idea of what it would take to - _ maintain ,that, not.just in terms of the mortgage, - but in terms of keeping it up. --:-It is quite a:_project. _That is why seven days a week -for the last- fifteen. years, - he has been• working at its, `in _terms of running- a -business out of .it. Mr. Carroll said that the buildings are there; they exist. He stated that he is not seeking to amortize them; he is seeking to pay for them somehow. Town of Ithaca " 8 Zoning Board of Appeals September 12, 1990 e " ' ' Mr: Carroll -remarked that-he&doesf-not 'understand, =himself, of" what we -have `here p`ther Lthan ` awhite-`elephant ' in a' district where you can't use °them `-`but-`they - 'are-.commercial buildings. Therefore, he stated, • it is stuck with something that he is - :trying 'to make use• out 'of.' '' Het said that`' her`-is•'tryi ng to--make use -of 'buildings `that''•do''exiist and they' `only existr"•fer::.commercial purposes. Town Attorney stated that he thinks the Board can proceed on the basis of the' 'findincrbf the'-hardship;' there is''3really no other feasible, economical use that would be='permitted- in the zone, other than a use of the nature that Mr. Carroll is using. He thinks that is a suff- dierit=basis :fo"r—the'hardsh p' issue. Mr. Austen stated that he thinks that was the Board's reasoning back in 1977=78 `because "the'se''L buildings` were there and to maintain them without the use would be a tremendous hardship on someone -and the Board felt that a low level business - n., there, being completely back from the highway, back from any residence.,_Ithat---it- would not deteriorate anything in the �;r neigfiborkYoo�d ' 'and' it' was a way to provide enough income to maintain the"'Buildings instead of letting them collapse like many 'buildings are in the county any more. Town Attorney Barney asked Mr. Carroll if he woi*P,consent to the 5 year limitation, with the opportunity ate that time to reapply for a renewal. ' I; t' y. Mr. Carroll stated that actually he---would.--appreciate. 5 instead of 3 years. Town Attorney Barney suggested that the following conditions be added to the resolution: 2. that the variance be permitted so long as the dwelling house on the property is occupied by one of the principals of the business. 3 . that there be no outside storage of any materials, whatsoever. 4. that all of the stripping business related matters be conducted within the confines of the concrete block building. 5. that there be no advertising of any nature, precluding - the sign that is presently on the property. • Town of Ithaca 9 Zoning Board of Appeals September 12, 1990 - ' -- ,6. , , that the operation be_ limited to, no more.,than._.8 _ full- . time,.ipersons, :including the two , principals - involved with ,the operation of the business. Mr. King .accepted- Town Attorney, .Barney's. conditions,, with. the exception -,of,.Item #5• .Mr. Austen, seconded. the Motion as agreed' to by Mr. King. ' The voting on the Motion was as follows: _ d - - Ayes. - King, Austen, Hines, Reuning, Aron._ _ Nays None. The Motion ,was ;carried unanimously. . - ;She meeting adjourned at .8: 25p.m. . i : . _ 'lam N.ci d- �. • .h�R Ceei� . Connie. J. Holcomb. • Recording 'Secretaip •APPROVED: , - Cr I. . . . Henry Aron, Chairman _ . . p 1•ab•4(bbI)-1e1t t2 •, -;t. .1.4..el ;,'. ,L ; .,'-:4i v 'Ch.'''') , - # PROJECT ID:NUMBER -::---.,. _-_ -_ >617,21- Tv - V- [l 1.1 • SEOR Appendix_ C L_ - , . • , I.,t , State Environmental OualityiReviewill - •- ' u I SHORT. ENVIRONMENTAL:ASSESSMENT FORM I For-UNLISTED ACTIONS Only.• , l„ 1-,1,. , PART I—PROJECT:INFORMATION (To be completed bytApplicant or'Ptoject,sponsor) J : ' - 1. APPLICANT I5PONSOR 2. PROJECT NAME 9 111 , , T n .. _S.:PROJECT LOCATION_ _ _ ......,,- Municipality4CWtL Cc_ . 1LA A s : County.,, � 0: .P t ' Iy - 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) - 131 9 Kw. . 1,g1.-1 a- b 1=0,tt (, 1 ti „ . ,, , 'r • 5. IS PROPOSED ACTION: -- _f - - ❑New ❑Expansion ModiBcationlaiteration n'c entil. ,f; 1'. o. 6. DESCRIBE PROJECT BRIEFLY: �j - . 1 -.trz arAticam,\ 7. AMOUNT OF LAND AFFECTED: Initially 4• acres - Ultimately. - ` --- - - ^ .acres,. •. ..'v:cc: „ :•� -I ; : .Li 8. WILL PROPOSED AC110N COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RE FRICTIONS? ❑Yea No If No,describe briefly ^ IN -to ti �\., k� •P.\�,V ct 2 —7 /I' ---. .� ,. l`g-t- t�CI=T hS C. ��r.'���fV ?t\-e-ta._ V;As'7iti3L�.? Kfxl Ps-Min- g. WHAT RESENT LAND USE IN VICINITY OF PROJECT? Residential 0 Industrial 0 Commercial 0 Agriculture 0 Perk/ForestapeA space -❑Other ' Describe: .,. o - — 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 egency(e)and permluapprovals-• . .-_ _ . . . ..____ -_ ' 11. DOES ANY AE 7 OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR'A SP PPROVAL `` "• ' ""- "--' ❑Yn •C if yes,list'agency nimeandpermiVapproval ?,1 � � ` ,c - -„ ., • 12. AS 4RESULT OF PROPOSED ACTION-WILL EXISTING FEJ1MITAPPROVAL•REOUIRE'MODIFICATION? ""I "= -'•"' • I , . - ,lFUYes. . ❑No' :, , 0 Okj Ihl(: - Vit'et14tCL.Q'Ci•..IPti :At; • - CA, 1. ,•r .,I,r . "I'C°• . 'I' I ‘I CERTIFY,TM THE INFOR ATION PROIr1 ABOVEIS TRUE TO THE BEST OF kMY'KNOWLEDGE•. AppIIGnUsponsor ame: Nit •c-`-_�\ //1l)�Y` - 25 J ,/q U . --. - -. .. - - -'1- - - - - .F/-�}- ,— -- --1 , - -- Date_--- / • Signature: l Y �1 6 ! �)v 1 (•p ve - ` `�— It the action is in-the Coastal Area, and you are a-,state agency, complete the Coastal Assessment Form before proceeding with this assessment I - -- OVER #Z PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) _ • • _ A. DOES ACTION EXCEED ANY TYPE°THRESHOLD IN 6 NYCRR,PART 617.127 II yes,coordlnste the review preens and use'the FULL'EAF. - - ❑Yee 0-NO � �•-� ."^ I i B. WILL ACTION RECEIVE COORDINATED REVIEW AS:PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.67 - If No,a nagitiii veclaratlon i. maybe superseded-by another-Involved agency..,,• - - •i J C. COULD ACTION RESULT 1N'ANY:ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,II legible) Cl. Existing air quality, surface or groundwater qualityor,quyttity,-noiae-levsle,existing traffic patterns; solid waste,production or disposal, _-. ..potenlfaIfor.eroalon,.drainags or.flooding.problems?Explain briefly:- — - ---- --_ ___- -_ -- i • SEE ATTACHED — — - — - - - -- -. .- A - I Cl AMnte,_aprleultural:archaeological,hlstorle,or other natural a.cultural resources,or community or neighbodtcod eharstsr7-Explain Melly: -SEE ATTACHED " . ?' = - - i-' : • C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: • - • SEE ATTACHED---- - - - — - :- - - - - - - - C4. A community's existing plans or goals as officially adopted,or achange In use or Intenelty of use of lend Or other natural resources?Explain briefly. _._ . ci SEE ATTACHED C5. Growth,subsequent development,or related activities likely to be Induced by the proposed action? Explain briefly. I SEE _ATTACHED-._ _ __ _ -- - - - - -- - - C6. Long term,short term,cumulative,of other effect. _ ._ I SEE'.ATTACHED' - _. -. ` C7, Other Impacts(Including changes IIn use of either"quantity or tips of energy)?Explain briefly. • _ SEE ATTACHED.-- . _ D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yea 0 No if Yes,explain briefly S'EE HE'-HTtAtD v . . PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS For each adverse effect Identified above,determine whether It is substantial,large,important orotherwlee significant ' ' - - Each effect-should be assessed in connection;with-its-(a)setting(Le. urban or rural); (b):Probability of occufng; (c) duration; (d, irreversibility;(a) geographic scope; and(f)mignitude.If necessary, add attachments,or reference supporting materials. Ensure thai explanations contain sufficient detail to show that ali`relevant adverse Impacts have Wean identified and adequately addressed. 0 Check this box if you have Identified one or more potentially large or significant adverse_impects which MAY -- ._ *— occur:-Then proceed dlrectly:ti the FULL:EAF and/or prepare a positive declaration. . .;: • ❑ Check this box If you have determined,:based omthe information'and. analysis above and any supporting --.- documentation;that the-proposed-action'WILL NOT result-in ny-sipnifieant-adverse environmental impacts - AND provide"on'iittachrnents a's-necessa y, the reasons suppoiing this determination: -- --- -- ------- - - - Z-ON-I-NG- BOAgn Og• -APPFAl-S - -- - - ' . - - Name o Lead Agency - 'r ' _-r .) - _ • Henry -Aron--- - - - ''- -Chairman — -- "' Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer '^ "` ' Sgnatum of Responsible Officer in Lead Agency - - SlgnaWte of Preparer t differ rem responsible officer) - sin Date - ' PART II - ENVIRONMENTAL ASSESSMENT,. . , , PROJECT: Request for Variance from Article V, Section 18 of Town of Ithaca Zoning Ordinance: 1319 Mecklenberg Road REVIEWER:George R. Frantz,Asst.Town Planner • DATE: September 6;1996 r A. Does Action exceed any TYPE I threshold In 6 NYCRR, PART 617.12?" Yes— No_ - ;Action.is UNLISTED x , B. Will Action receive coordinated review as provided for UNLISTED-Actions in 6 NYCRR, PART 617.6Z :, Yes_ No_X_ Involved Agency(les): C. Could Action result in any adverse effects associated with.the following; C1.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 briefly: - No significant adverse Impacts anticipated. Proposed action Is the grant of a variance from Article V, Section 18 of the Town of Ithaca Zoning ordinance to allow a nonconforming use-within an existing structure. No new construction or change in existing character of site is proposed: C2.Aesthetic, agricultural,archaeological, historic, or other natural resources; or'community or neighborhood character? Explain briefly: No significant adverse impacts anticipated. C3.Vegetation or fauna, fish,shellfish or wildlife species,significant habitats,or threatened or other natural resources? Explain briefly. No significant adverse impacts anticipated. 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? Explain briefly: Grant of the variance as requested would be contrary to certain community goals and plans as. officially adopted. The subject parcel Is located in a R-30 Residence District,which allows,among other uses, single-and two-family homes,specific public and institutional uses,agricultural uses, offices of a resident doctor,dentist,musician,engineer, teacher, lawyer, architect, artist or member of other recognized profession and quasi-profession,and customary home occupations operated solely by a resident of ihe•dwelling and subject to restrictions outlined in Article V,Section 19. The surrounding land use is generally rural residential and open fields,brush, and woodland,and no commercial development In the portion of the town where the subject parcel is located is proposed or anticipated in any community plans and goals officially adopted by the Town of Ithaca.It must be noted however that there is en existing nonconforming commercial use in the vicinity of the subject parcel in the form of another antique retail business across the road. C5.Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: Given the small scale of the use'for which the proposed variance is requested,no significant adverse impacts with respect to the above factors are anticipated. c!k'`✓ • / • / 9 Z • C6.Long term, short term, cumulative, or other effects'not identified in C 1-05? Explain briefly: . • . None anticipated. C7.Other Impacts (including changes in use of either puentitior type of energy)? Explain ., briefly: No significant adverse Impacts anticipated.. D. Is there, or Is there Ilkely'to be, Controversy relted to potential adverse • environmental.impacts?_ • Yes_ If Yes, explain briefly' PART III — DETERMINATION OF'SIGNIFICANCE' Because of the relatively small scale of the activity for which a variance is requested, a negative determination of environmental significance is recommended: George R.Frantz Asst.Town Planner • • • • • . • -t. - �. 2 - _ , _ ,;,: I\k 1 I ���. _._.___. ....r-r._---- ----1! �^�\- Cif '� \� 7f ZI ' \ `--- 6 V K • n CR •" - Z if libizir NCZ. _ �I.S.ts 61ssk. tat^�N • h tA{ 1141111V PTIZ 3rsfs \ 2 L'9Z ' "117 i i 1"11111160 C'i2 'T1 Kp11r)ar CZZno 735 _i ----� ffif2SI►OIrato kle 1'92292 [tl IIC'0 ° l • • I D I. D Os = lt� 7> ON 1►7 7► .t SI = iY'01 2'OZ 3v PS \I. CZ - �..Z 1 101 C Sly til7 !!{ \ fZ I l! i g' .� 1 SZ.^f Z it _ 9S - w :IN nil9.7Y1 • g/ ER. . . no. 1 041 LZ e. . Zoning Board of Appeals -11- April 30 , 1979 There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, King, Austen, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the DeWitt Historical Society Appeal duly adjourned. INFORMAL DISCUSSION Mr. Joel Warren and Mr. Robert Wright appeared before the Board and stated that they have purchased the Marshall Farm which includes the building to the east of the barn that burned -- 1319 Mecklenburg Road. Mr. Wright spoke of a clock manufacturer and three employees, and noted that Varaxon is gone, and so they need to move fairly rapidly. Mr. Wright stated that they were interested in the Board ' s general reaction. Mr. Wright spoke of various kinds of machinery needed, such as normal woodworking machinery having to do with clocks made from scratch and also small furniture. Mr. Wright noted that this building has been used for storage, however, it needs extensive remodelling. Mr. Wright outlined the building requirements, noting that it is a concrete building. Mr. Bonnell noted that there is some question as to whether the permits have to be renewed, commenting that the Town has to get all the stuff up there under permit, including signs . Mr. Wright stated that that is what they want to get straight -- all the things needed to be done. Mr. King suggested that Mr. Wright show the Board what he and Mr. Warren want and where they want to locate it. Mr. Bonnell mentioned the matter of junk cars also. Vice Chairman Hewett stated that he saw no negative response from the Board. Mr. Wright stated that they will proceed with an appeal for the clockmaker. ADJOURNMENT Upon Motion, Vice Chairman Hewett declared the April 30 , 1979 meeting of the Town of Ithaca Zoning Board of Appeals meeting duly adjourned at 9 :00 p.m. Respectfully submitted, Nancy M. Fuller, Secretary, Town of Ithaca Zoning Board of Appeals. Jack D. Hewett, Vice Chairman. IN p 30o r< • Zoning Board of Appeals Meeting - • March 9, 1974 • _. 10:00 A.M. PRESENT: Vice-Chairman Laurene Ripley, Roger Sovocool,..Jack Hewett, Ed Austen, David Cowan (Assistant to the Zoning Officer) . The Zoning Board of Appeals met to act upon the request of the Planning Board at a meeting of the Planning Board held on - the 2Gth day of February, 1974, for an interpretation of the present Zoning Ordinance regarding the placing of a .retail store in a Light Industeial District. . After discussion, it was MOVED by Mrs. Ripley end seconded by Mr. Sovocool: The Town of Ithaca Zoning Board of Appeals interprets the present Zoning Ordinance to allow within Light Industrial Districts any lawful use allowed in the more restrictive zones, with the exception of dwellings. 4 C"417 }i7 Aye - Ripley, Sovocool, Hewett, Austen. - Nay - None. The Motion was carried.unanimously. `v BROUGHT TO ZONING BOARD OF APPEALS AGAIN ON NOVEMBER 17, 1976, (in connection with Bell'.s Grocery request for gasoline Island) RE-AFFIRMED ON THAT DATE.' N.M.F. (Secretary) i•-.i'• X e . r Excerpt from Minutes of Planning Board Meeting held on February 26,197 •• PRESENT: Chairman Barbara Holcomb, Robert Scannell, Daniel Baker, Robert Christianson, Sam Slack, Nancy Fuller (Sec.) ABSENT: Arnold Albrecht, John Lowe, Maurice Harris MOTION by Mr. Sam Slack, seconded by Robert Scannell. RESOLVED, that the Planning Board of the Town of Ithaca request - from the Zoning Board of Appeals' an interpretation of the present ' Zoning Ordinance regarding the placing of a retail store in a Light Industrial District. We refer them particularly to Article VIII, page 17, Light Industrial Districts, and Article X, page. 20, Industrial Products. The land in question is presently zoned Light Industrial. All in favor. Motion carried unanimously. 4.• 'I UWN UI ITHACA r t r;: Sib.00 J 126 East Seneca Street RECEIVED: -(„-qD Ithaca, New York 14850 CASH - (=) lam? (607) 273-1747 CHECK - ( )) ZONING: rc--3v APPEAL For Office Use Only to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission to C p ti-C� f\ TIQ E PcKtn -us t kItSS. at I 3 k9 t w-6 , Town of Ithaca Tax Parcel No. eD —2 S— ( _2 . 6 , 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: isikr 4-Article(s) V , Section(s) 1 � � 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. ) r) o Kt.. o- i kitSS Two v& K rq G l (N►'l VV 1 C 1 11 V t.D I Lf 6 S U Kk Qoc .crry OA( ( (D'er S ii tc- M A7o eci—y OF l vs-- S(�,o m /� �v I'►1 kt►,a KA -BU, ,CGS ow Peony P-Ay PP-o%I-y By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. / Caccall Signature of Owner/Appell t-r-,.,,( ,� e',J/A49-"^-- Date: (1 i / \ Signature of Appellant/A ent: ,- + --J A 3 Date: Home Telephone Number: ?a 7 0( C) Work Telephone Number: 2,-7 Z` 7 0k 0 ,, ► :`; PLOT PLAN INFORMATION TO BE SHOWN: 1. Dimensions of lot. 4. Dimensions and location of proposed structure(s) or 2. Distance of structures from: or addition(s). • a. Road, 5. Naves of neighbors who bound lot. b. Both side lot lines, .6. Setback of neighbors. d. Rear of lot. 7. Street nave and number. 3. North arrow. 8. Show existing structures in contrasting lines. 3ia r- - -- -. - - MEGKLehieutt6 (2oko -- — - — - - _ - ,o gam' o 41) REsIDEw e _• _ VAch-u-r RE-sibtr.iT — 1F16Nt3'RJ,(9 SrGecG 50� pct.►1D lal -r te1.D5 Covnlme�Ci ggAet�►( Aeg S'v1�olNL 547 To -The" tFl t I ) 702` iv r 11-1 � �.Z�' To C XI ,\g e700' 1D in �lo�tH : CbRhl Po LE 13f'cak-1 ce.iv (s--oeftbE) • Signature of Owner/Appellant: Date: Signature of Appellant/Agent: Date: 1. • • i. ` i . ' t _ :r• . ..; '.inci ,.'x152r{y(j't• . II .. !r ,,r 'i . . � _ _— ��_ ____..._--_-1. -- —.._.. —' _ .. r. 1 i . } . •• 1 1 tr • • 1 C. • • ..� I -, (�A TOWN of ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 1O050 July 19, 1990 Mr. Michael Carroll City Lights Antiques 1319 Mecklenburg Road Ithaca, New York 14850 RE : City Lights Antiques Zoning Violation Dear Mr. Carroll: This letter serves as a follow up to our recent conversations with respect to the operation of your antique business known as City Lights Antiques, located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel #6- 28-1-26 . 6 , Residence District R-30 ( zoning district) . The Town of Ithaca Zoning Ordinance Article V, Section 8 (uses for Residence 'District R-30 zones) does not permit commercial uses, such as antiques sales. The Town of Ithaca Zoning Board of Appeals had granted special permits to you or Mr. Burr Chase ( upon your requests) between 1975 and 1980 for the operation of an auctioning business, "furniture stripping" business and a sign permit stating " 1319 - The Antique Center - Furniture Stripping" . With the exception of the sign permit ( granted on July 23, '1990) , all other_ permits expired within one or two years of issuance. It does not appear, particularly after 1978, that any approval by the Zoning Board of Appeals had ever been given for the continuation of the—operation - of an antique business ( including "furniture stripping" ) at your property. In light of the above, it appears that your property and antique business is currently in violation of Article V, Section 18 of the Town of Ithaca Zoning Ordinance . As we have discussed, I am enclosing an applica- tion for a "use variance" , which would be considered by the Zoning Board of Appeals and I. would anticipate a hearing date of perhaps August 29, 1990. I have also enclosed a Short Environmental Assessment Form. Both forms must be completed and submitted to this office by August 6 , 1990. The other alternative to abating your violation is to cease the business operation, which you obviously desire to continue. � 7 Mr. Michael Carroll July 19, 1990 Page Two Should you have any questions, please call me at 273-1747 . Sincerely, 71\ Andrew Frost Building Inspector/ Zoning Enforcement Officer AF/dlw Enclosures cc: Shirley Raffensperger John Barney Henry Aron TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, JULY 23, 1980 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 under. the Zoning Ordinance of the Town of Ithaca,' on Wednesday, July 23,, 1980, in the Town Hall., 126 East Seneca Street (second floor), Ithaca, N.Y.,' at the following times and on the following matters: 7:30 P.M. Appeal of Michael J. Carroll and W. Burr Chase, Appellants, from thedecisionof the Building Inspector denying permission to place "The Antique Center" sign of fifteen (15) square feet at 1319 Mecklenburg'Road, Tax Parcel No.. 6-28-1-26.21, Ithaca, N.Y. Permission is denied by the Building Inspector under Section 6 of Town of Ithaca Local Law No. 1-1972, and Article V, Section 18, of the Town of Ithaca Zoning Ordinance. .7:45 P.M. Appeal of Montgomery and Eleanor P. May, Appellants, from the decision of the Building Inspector denying permission to keep eleven (11)sheep at 1360 Slaterville Road, Tax Parcel No..6-60-1-27, Ithaca, N.Y.. Permission is denied by the Building Inspector under.Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lewis D. Cartee Building Inspector Town.of Ithaca Dated: July 15, 1980 Publish: July 18, 1980 ti;� TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, JULY 23, 1980 The Town of Ithaca Zoning Board of Appeals met on Wednesday, July 23, 1980, in Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at 7:30 p.m. PRESENT: Chairman Peter Francese, Jack Hewett, Edward King, Edward Austen, Lewis Cartee (Building Inspector), Barbara Restaino (Planner)._ ALSO PRESENT: W. Burr Chase, Michael J. Carroll, Montgomery May,' - Eleanor May, Marianne May, Leslie May, Norbert. Schickel, Jr., Sheri Todi, William Hall, Tom Cook, Kathleen Parthe (Babby), Leonard H.. Babby, Lynda. _ Skibitsky, Kaxen French, Marius J. Panzarella, Linda Paterson, Richard S. Archibald, Donna Kessler (WTKO), Matt Leone (Ithaca Jour.nal.). Chairman Francese.declared the meeting duly opened at 7:30 pwme APPEAL OF MICHAEL J. CARROLL AND W. BURR CHASE, APPELLANTS,. FROhtTHE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO PLACE "THE ANTIQUE CENTER" SIGN OF FIFTEEN (15)'SQUARE FEET AT 1319 MEC;KLENBURG ROAD, TAX PARCEL NO, 6-28-1-26.2, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 6 OF TOWN OF ITHACA LOCAL LAW NO." 1-1972,. AND ARTICLE V. SECTION 18, OF THE TOWN OF ITHACA ZONING ORDINANCE, Chairman Francese declared the Public Hearing.in the above -noted matter duly opened at 7:30 p.m., and accepted for the record the Clerk's Affidavit.of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on July 15, 1980, and July 18, 1980, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice of Public Hearing on the various neighbors of 1319 Mecklenburg Road, and upon the parties to the action. Mr. Francese asked if there were anyone present to speak to the matter of the Appeal of Carroll and Chase. No one indicated that they. were present .for this appeal. Mr. Carroll appeared before the Board and referred to his Appeal., a copy of which the Board members had before them. The Appeal Form stated (1) The exact location of our business remains unknown even: to those Ithaca residents who are aware of us through our advertising but have been unable to locate us. (2) The absence of a sign designating the: entrance to our business creates a real and potentially dangerous traffic problem for.those- potential customers "looking" for the entrance to the business. Mr. Carroll stated that they have been conducting business at this location almost three.years and they know there have been. some problems. He stated that the business is no hindrance to anyone; they do not.cause a lot of traffic; they would like a sign. He stated that traffic safety would be better if they had a sign -- they have had people Lro past their place. Mr. Francese asked if any other types of business were conducted thereo.. Mr. Carroll replied, no. He stated that they rent some space to Mr. Oz Dougherty for antiques. Mr. Francese asked that the record show that no one appeared either in opposition or in support of this appeal but, of course, all the neigh- born were notified. I ,.Zoning Board of Appeals -2- Mr. King referred to the proposed Antique Center - Furniture Stripping", both businesses.. Mr. Carroll replied have lettering. July 23, 1980 sign which reads "1319 - The and asked if this sign is to cover that it is, both sides of the sign .Mr. Cartee noted that Varaxon was there previously and that Hub's Place is about 100 yards away and has a.24 sq.ft. sign. Mr. King asked if that sign were too large. Mr. Cartee said that it was not for the area. Mr. Cartee stated that that there are billboards to the west and F & T. - Distributing -is also in the area in addition to the Jacques Seeds Dealer site.. Mr. Francese stated that having been up to this.site and having had an opportunity to go to this place of.business, he can verify the fact that if you pass this place and -have to back up, which he had to do, it is very dangerous. He stated that he thought a sign.would be in the. interests of public safety. Mr. Francese asked again if there were -anyone present in the matter of the Carroll and Chase sign. No one answered. Mr. Carroll stated that their closest neighbor is Steve Gaydosh and he had come to them and said the sign was no problem and would be a help. MOTION by Mr. Peter K. Francese, seconded by Mr. Jack D. Hewett: - RESOLVED, that the Zoning Board of Appeals of the Town. of Ithaca grant and hereby does grant the Appeal.of Michael J. Carroll and W. Burr Chase for a sign of 15 sq.ft. as shown on the application for sign permit dated June 26, 1980, signed by Michael J. Carroll, Vice -President Sky Top Antiques, such sign to. -be located at 1319 Mecklenburg Road. There being no further discussion, the Chair called for a vote. Aye - Francese, Hewett, King, Austen. Nay - None. The MOTION was declared to be carried unanimously. Chairman4Francese declared the Public Hearing.in the matter of.the Carroll and Chase Appeal duly closed at 7:40 p..m. (Secretary's Note: The record should show that .there appears a 3rd item on the Appeal Form presented by Messrs. Carroll and Chase, on the reverse side thereof, to wit: 11(3) Furthermore, there exists.a confusion among the general public as to the identity of our business as exclusive from the neighborhood business of Mr. Glen Hubbells, known as Hub's Place, located directly across the road from us.") APPEAL OF MONTGOMERY AND ELEANOR P. MAY, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO KEEP ELEVEN (I1.) SHEEP AT 1360 SLATERVILLE ROAD, TAX PARCEL NO. 6-60-1-271 ITHACA,,N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 12 OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese described the procedure of the Zoning Board of Appeals for those persons present. He stated that the Hearing will be opened at 7:45 p.m, and the Board will first hear from the applicant who can present his case and and his reasons for the Board granting his Appeal. Following that, the Board will hear anyone in favor of this matter and then those opposed. TOWN OF ITHACA NEW YORK APPEAL to the Building Inspector and the Zoning Board,of Appeals of the Town of Ithaca, New York Having been denied permission. to at j 3 r q /vtQe.l�to-�lo;,, Ithaca, New York, 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) %S , of the Town of Ithaca Zoning Ordinance �'71 the UNDERSIGNED respectfully submits this appeal from such denial and, in support of the appeal, affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: NO V baL K V,� o:h/ Int e� E-�k-74keA Q.. VS V%.1 KD %APS At Aldo oV= us ��ubk-% oue� g c � V'�A� IE5 `CZE 01�-% A5ti�� PSiLN <lTIW(� �c`N ONiv.crlz�v us C 570 ti4z-� Dated: U Ith cal New York Fee: $7.50 SignedC`.���_.� ss GL, U °CZl� No v:�eUtvk VLS • SIGN APPLLCAT I.ON AND PERMIT-.• A lication Date: Fee: • _ PP i r a8� Permi t Number: $5.00' Apo"i cati on Date: p7us $7.00 -per .; Zoning District: area of each sign 1100 6 led Applicant: Address: _ • t 1Ct 1`� C_�L —'P -L? �D,- Phone Plumber: - �7�' 7a C) Property Owner: Address: _\?�1� N� �G��' �-� _ .Phone Number: Z 7 Z - 7.616 Location of =Sign: 4c'l Scale Drawing or Attached Drawing or Bluep Date: 4 D Sign Permit ( ) Appr O Deni M by: :undgr Sec.: O V' peal Action: Date of. Appeal: Date of Hearing: - - $25.00 Deposit for Advertisement of Hearing. .,Signature• << U _ Planning .Bd. Action:.' Date:._ Town Bd. Action: Date: 2nd Planning Bd. Action: Date:. - 2nd Town Bd. Action: Date: 1 VYY1V ur 1 1 tlnl.n c,vt.i,.., u...a.... ... ... . ..-- NOTICE OF PUBLIC HEARINGS TUESDAY, SEPTEMBER 11 , 1979 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 under the Zoning Ordinance of the Town of Ithaca, on Tuesday, September 11 , 1979, in the Town Hall , 126 East Seneca Street (second floor) , Ithaca, N.Y. , at the following times and on the following matters: 7 :30 P. M. Appeal of Eddy Hill , Inc. , Robert I Wright , as agent , from the decision of the Building Inspector denying Building Permit for additional apartment , resulting in four dwelling A8 -, .. -' 6 units, at 1319 Mecklenburg Road, Parcel No. 6-"7 -±n, Ithaca, N.Y. Permission is denied by the Building Inspector under Article V, Section 18 , par. 2, of the Town of Ithaca Zoning Ordinance. 8 : 00 P.M. Appeal of Elizabeth E. O' Connor, Appellant, from the decision of the Building Inspector denying Certificate of Compliance for home placed on lot with side yard less than 15 feet , at 305 Blackstone Avenue, Parcel No . 6-71-1-11 . 1 , Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 14 and Article XIV, Section 76, of the Town of Ithaca Zoning Ordinance. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person . Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: August 31 , 1979 Publish : September 6, 1979 TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 11 , 1979 CThe Town of Ithaca Zoning Board of Appeals met on Tuesday, September 11, 1979, in Town Hall, 126 East Seneca Street (second floor) , Ithaca, New York, at 7 : 30 p.m. PRESENT: Vice-Chairman Jack D. Hewett, Edward W. King, Joan Reuning, Edward N. Austen, Lawrence P. Fabbroni, Building Inspector. ALSO PRESENT: Robert I . Wright, Elizabeth O'Connor, James O'Connor, Marjorie VandePoel, Roger VandePoel. Vice-Chairman Hewett declared the meeting duly opened at 7: 36 p.m. APPEAL OF EDDY HILL, INC. , ROBERT I . WRIGHT, AS AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR ADDITIONAL APART- MENT, RESULTING IN FOUR DWELLING UNITS, AT 1319 MECKLENBURG ROAD, PARCEL NO. 6-28-1-26. 6, ITHACA, N .Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V, SECTION 18, PAR. 2, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice-Chairman Hewett declared the Public Hearing in the above-noted matter duly opened at 7 :36 p.m. , and accepted for the record the Clerk' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on August 31 , 1979, and September 6, 1979 respectively, together with the Secretary's Affidavit of Service by Mail C of said Notice of Public Hearing on the various neighbors of 1319 Mecklenburg Road and Mr. Wright, party to the action. Mr . Wright appeared before the Board and noted that the Parcel Number as printed in the newspaper was erroneous, stating that the correct parcel number iS1.6-28-1-26. 6. The Board agreed to accept this correction and noted that the notification of neighbors was sufficient in that the neighboring properties would still be the same . Mr. Wright stated that he purchased this property one year ago in June on land contract and that it contains approximately 6.4 acres. Mr. Wright stated that the existing home has had three apartments for about 15 or 20 years and that he would like to put a fourth apartment in it . He stated that his family does not need all of the room and they need the income to help pay the taxes. He noted that his children are all leaving home. Mr. King noted that this parcel is located in an R-30 zone which allows only two apartments . Mr. Hewett asked for comments from the public. There were none, there being no one present to speak for or against this matter. Mr. Hewett asked for comments or questions from the Zoning Board. Mr. King stated that he did not think that the need to have income is sufficient justification for issuing a variance. Mr. King asked Mr. (I is what the sizes are of the existing apartments, commenting that he assumed Mr. Wright 's proposal was to add on. Mr. Wright indicated on the floor plans that he had submitted to the Board and which were mailed to them prior to this Hearing, the existing apartments . Mr. Wright stated that his proposal was not to adri nn He stated that there would not be very much building, just Zoning Board of Appeals -2- September 11 !9 , putting in a wall or so. He stated that he has lived there since October, and the other two apartments are rented now. CMr. Fabbroni noted that there is a presumption, with no other evidence in hand, that the three-unit use is a legal non-conforming use and that it dates back to the time that the Marshalls were there. Mrs. Reuning wondered how many other people there are in the world who would like to do such a thing with their home for the same reasons -- so many people, she was sure, since taxes are a problem, but is it a legitimate reason for granting a variance. Mr. King stated that he, personally, did not see any way to do what Mr. Wright wants under the Zoning Ordinance. Mr. Wright said then the only other thing to do is ask for a zoning change to commercial . Mr. King suggested a multiple residence zoning change might be more appropriate to ask for. MOTION by Mr. Edward W. King, seconded by Mr. Edward N. Austen : RESOLVED, that the Appeal of Eddy Hill , Inc. , Robert I . Wright, as agent , from the decision of the Building Inspector denying Building Permit for additional apartment , resulting in four dwelling units, at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 6-28-1-26. 6, Ithaca, New York, be and hereby is denied, the Board having found that no unneces- sary hardship has been shown by the Appellant. C_ There being no further discussion, the Vice-Chairman called for a vot Aye - Hewett , King, Reuning, Austen. Nay - None. The Vice-Chairman declared the MOTION denying the Appeal to be carrie unanimously. - Vice-Chairman Hewett declared the Public Hearing in the matter of the Appeal of Eddy Hill, Inc. , Robert I . Wright , as Agent , duly closed at 7: 50 p.m. APPEAL OF ELIZABETH E. O'CONNOR, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR HOME PLACED ON LOT WITH SIDE YARD LESS THAN 15 FEET, AT 305 BLACKSTONE AVENUE, PARCEL NO. 6-71-1-11 . 1, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 14 AND ARTICLE XIV, SECTION 76, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice-Chairman Hewett declared the Public Hearing in the above-noted matter duly opened at 7:52 p .m. , and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on August 31, 1979, and September 6, 1979 respectively, together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearing on the various neighbors of 305 Blackston Avenue and Mrs. O'Connor, party to the action. Mrs . O' Connor appeared before the Board and stated that she would lik to get a variance for two feet for the side yard, noting that the builder set the house two feet over farther than he should have. 1. due of Improvement Fee • i $ 1—$ 5,000 $ 2.50- pc ,h p . _ . 5,001— 10,000 5.00 . TOWN OF ITHACA 10,001— 20,000 10.00 - `` 41 20,001— 30,000 15.00 ! APPLICATION FOR BUILDING PERMIT $I17I 30,001— 40,000 20.00 40,001— 50,000 25.00 Application Date a JI5 ...1.�..... 50,001— 100,000 50.00 : Permit Number. _._. ....._.._ 100,001— 500,000 7'S.00 I • Date • ._ 500,001— 1,000,000 100.00 ( . 1,000,001 be Over 150.00 I Parcel Number ._.__.._..-._. ._._ Make checks payable �to Town of Ithaca , _ Zoning District _. -.•.'.L?__--- Application is hereby made to (build [, extend D, convert (ja, .Cu.rx.rit...R e s iden.c.e ❑) a structure or use land at-...1.31.9.-.Meekenbiar.g...Ed..._.,T.1-haca.,...N-.-Xa Rd.,Town of Ithaca,N.Y. To be used for ....._..add.i.tj41'1 L.AP. _t1Wn __-_ __ _..._.-._-_-.__. At a cost of -----.--__-----.-___.._. Structure is to be completed on or before Qc-ti.1her 1 .h_197 9 Owner of land I QBL RT I ,.. WRIGHT ._ Builder ------- Land Owner's mailing address ._1319 Mecklenburg Road' 'Ithaca N N.Y. 14850 If building is being built for a person other than present land owner, show name PRQSPBCTIVE TENANT — The structure(s) will be as follows: Square Feet Floor Area: Type of construction ...1 .00ID ._.__ .__:..._._ _ _. Basement A-PLrox: 7 50 ' _ .- ---Number of stories -_.._DAL _ - _ - First Floor APProx 17 0_0 ' Number of Family Units ) 3 (_Now, ) 4 ( -after Second Floor .-_Approx:-_ 17 0.0. - __... Percentage of Lot to be occupied Over Second NONE ..._:__� by all structures .._... Same as Now Plot Plan on Back of Permit or Attached X The required.permits have been obtained as follows: NONE NECESSARY. Date Isrued FROM TOMPKINS COUNTY HEALTH DEPARTMENT Approval of septic system and/or well NQJ1F.............._. FROM TOWN CLERK Street opening (if road must be opened for pipes) NONE Blasting permit (if blasting necr• ary) .NONE FROM SUPERVISOR Water Tap _..______ District_ NONE Sewer Tap __...-........ .---._ .___ t District FROM PROPER HIGHWAY DEPARTMENT NONE Culverts and driveways FROM TOWN ZONING OFFICER Multiple residence permit The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and other Laws and Regulations of the Town of Ithaca, New York, or others having jurisdiction, and affirms that all statements and information" given herein arc correct'to the best of his knowlcd and belief. Date: .--1A.0 g]t; t_15.,.-..19 7 9 --r 19_. C. _} 11. 1 Signature of Landowner. < Building permit ( ) approved by _.___-___._. • a. .of the Progress of work. Checked on: (1 denied under Section II'' Zoning Ordinance by .-i..• • F. Foundation _�____._-_ __..._.._.__....__... Appeal action: Framing __.._--................. .....__.___.�. o Date of appeal . Q _...iI._ - Trim __._.__.___._........_.._.._.__. Date of hearing /....2 - _.__.....—_.—_. Completion __.__.._... Date of advertising --. y . 75_�._._...--/vo.. Board members notified -$/42. 1--� J� Order to refill excavation A ....... .x�.l.. issued on O9-v 9111111 _M._:-.--F-ry. —:4 J Order to demolish structure N.. 5 issued on �•' -, 1, ' PLOT PLAN INFORMATION TO BE SHOWN: Dimensions of structures. Dimensions of lot. Names of neighbors who bound lot. Distance of Structures from: Set-back of neighbors. Road, North arrow. . Both title lot lines, Street name and number. ' Rear of lot. Show existing structures in contrasting lines. • - CAW r Mec•kl,✓Lr<- I?_I Zn., /c cr- ) Ciicril L /Avc • . / 1 a /7 • • • AO .- 1 . • • ; •: ' - \ • Goie, t . • :- • S . .........: ._... . \---- • . . .. • . . • . c---- .,,.., , • ja� �« ,,..4 . .. . _ :. , ya{-e. „. /icer-6 -� • • L-.1 c • • I Li 1 . L„r.r • S/.<�( ``.{r� , r/ •�q . G r b r �_ • V l, �I r i i> • I hereby certify that the structure for . which this Permit (will be)(hae been) issued (will be) (has been)built ec— cording to the latest Starrdarde of the • New York State Building Code, and the State Energy Conservation Construction r Code. Signed • • cC. C aYV 4=1- Pi° 6 11" - I I a , t"'" Ve•L•ab • IMMII - 1,v( I t LA 4/14 %. e..4 41/4 eirLS-4 1 1 5T°11"‘b1 6i ) ? J r3G-IK 04"•-• V rl 121,46 _ _ \-‹ ro d tu. r-d 1244. 2-e / - - - i) 11 11 scr,t2 rt L •,drr--- /et 4 O'Cr"0.11 , .• . . . -Pi 0)6:2-z,e- y dr-c-4-. i 1 c, - lat rvt.— iss...%.%` lr- -2,c, . 1 q 1 ( \ - -- ,1L i-4 ^,-, ..... .v.„0 • __ Ptvb" i 11.41-) 1 0 o •P hAti A r 4 - ire_-_±4"•-- c 6041" \ 1 L) \( lb I ‘ 3 I 2— 1-k- 13' 411 Le -2-6 1 i 7.— st,urz ihe - ti--_ t.emm=2 7,-., Sok I k 1.,•-i ___3: I 1 1 ) 1 b / 0 liv A/ r (0 kj I)c 1 ,...,-...„ p owe/ rci-o) ni la f• rCrei.‘ e,dtr 6- . i r3)665 rift CM eN 5' ,, nor I - - - - 1 ic1 7, 50 TOWN OF ITHACA • NEW YORK APPEAL • • to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca, New York Having been denied permission to receive a Buildin n additional apartment , resulting in four dwelling units in the main structure at 1319 Mecklenburg Road, Parcel #6-2,AF 1 14 , Ithaca, New York as shown on the a ccompanying •Application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of Section( s) 18, par. 2 , Article V: • 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 Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : Income needed to pay taxes and cost of maintenance. Signed )//1 /50-14L4i1 Eddy Hill, Inc. Robert I . Wright , as Agent . Dated: Ithaca, N. Y. August 15 1979. • 0? - 30 a 511�/._ QQL .S 212_11 ' U/00 e4:7-,a49 _27 91Y/5 f Arp / 9 fY% sate/) w a iv-pa/Ai sr ay c s,Nv /v47/ _211Z QL tvol1/416 i� .1 Glr' /vo 0f '�� NL V 7 ''V WOK O 7 and '2 l /va cyj '7 Lao677 ,s� /a' j f i0 57/V 5/5/Y0e2 9//?—a/W $ _75•K Sum __ '91w'/20"d' iwval 1 � 9 / kii2a"'.7 —25-00/G .� 4 ,21 x-1/7 V I /2--agoew 5-9"-'er7i(r/ az-7 _ 9- )--7/1 dC2%A'S Qz_ (9_ q 2-/- 8 Z -2_24r .2 s ' /4 '9 .moo 2 A- A'042 /v/ e7 0 -2-2; ed f/ • /j/ _ _z_sc-Lq "(svotyk,/ -(0/ )/ ?•/14;yy �ry7- -2742//a/cZ Mistcrsf +w za.m/ -?-40042c• A2L 'o SNP�9 MIT 130 P AI?3 ,4 Y-7g / c7L 9 c4 `WeZ,I ! r4 Cv_Z- 0" 7' '& S/v of oA y oy/ ao ,-1 a9$ b/ Gu/' f 01)4120 o ,.5s d TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE'OF PUBLIC HEARINGS TUESDAY, JANUARY 101 1978 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 under the Zoning Ordinance of the Town of Ithaca, on Tuesday, January 10, 1978 in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N. Y., at thefollowing times and on the followingmatters: 7.30 p.m. - APP eat of Lawrence and Trinna Iacovelli, Appellants, from the decision of.the Building Inspector denying permit application change to allow 4 (four) dwelling units rather than 2 (two) dwelling units at 167 Kendall Avenue, Parcel No. 6-54-4-25 (formerly Parcel No. 6-54-4-23), Ithaca, N. Y. Permission is denied under Article III, Section 4, of the Town of Ithaca Zoning Ordinance. 8:00 P.M. Appeal of Robert C. Hamilton, Appellant, from the decision of the Building Inspector denying building location closer than 15 (fifteen) feet to the side lot line at 316 Black- • stone Avenue, Parcel No. 6-71-1-11.49, Ithaca, N.. Y• Permission is denied under Article IV, Section 14, of the Town of Ithaca Zoning Ordinance. 8:15 p.m. Appeal of Edward and Margaret Rumsey, Appellants, from the decision of the Building Inspector denying permit application to construct additional storage warehouse square footage at 110-116 Buttermilk Falls Road, Parcel 8;30 p.m. Nos. 6-38-1-2 and 6-38-1-31 Ithaca, N. Y. Permission is denied under Article V, Sections 18, 19, 20, 21, and 22 and Article XII, Section 54, of the Town of Ithaca Zoning Ordinance. Sign Variances: Varaxon Electronics Inc., 1319 Mecklenburg Road, 2.5 square feet. F and T Distributing Co., 1395 Mecklenburg Road, 5.13 square feet. Lakeside Nursing Home, Inc., 1229 Trumansburg Road,. 20.75 square feet. Paleontological -Research Institute,,1259 Trumansburg Road, 12 square feet. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Per- sons -may appear by agent or in person. Dated. January 3, 1978 Publish: Januarh 5, 1978 Zoning Board of Appeals -10- January 10, 1978 specified for the record. There being no further discussion, the Vice -Chairman called for a vote. Aye - Hewett, Reuning, King, Austen. Nay - None. The MOTION was declared to be carried unanimously. Vice -Chairman Hewett declared the public hearing in the matter of the appeal of Edward and Margaret Rumsey duly adjourned at 9:20 p.m. until Monday, January 23, 1978, at 8:00 p.m. SIGN VARIANCES /1. Varaxon Electronics, Inc., 1319 Mecklenburg Road. Mr. Bonnell presented the sign application for Varaxon Electronics, Inc., which has been denied because the proposed sign exceeds the square footage requirement by one-half square f eeet.. Varaxon Electronics is located in an R-30 zone. They are requesting a small free-standing sign in order that delivery trucks can locate their premises. MOTION by Mr. Edward King, seconded by Mr. Edward Austen: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca approve and hereby does approve the granting of a variance to the requirements of the Town of Ithaca Sign Ordinance to Varaxon Electronics, Inc., 1319 Mecklenburg Road, for a free-standing sign measuring 30" x 12" and containing the word "VARAXON" together with an arrow. There being no -further discussion, the Vice -Chairman called for a vote. Aye - Hewett, Reuning, King, Austen. Nay - None. The MOTION was declared to be carried unanimously. 2. F and T Distributing Co., 1395 Mecklenburg Road. Mr. Bonnell presented the sign application for F. and T. Distri- buting Co., 1395 Mecklenburg Road. The requested sign measures 5.13 sq.ft. and is to be located on front of a glass front store/ warehouse 30 feet from the center of the road, in a residential R-30 zone. Mr. Bonnell stated that this property is the former location of the antique business. He stated that it is a legal non -conforming use and is located on the same side of the road as Chase's. MOTION by Mr. Jack Hewett, seconded by Mr. Edward Austen: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca approve and hereby does approve the granting of a variance to the S I.G N A P P -L I.0 Vr I 0 N AND P E R M I T f- ee. $5.00; ApOTication -;01 us W.00 -per sq. ft. area of each sign RECEOjvED Application Date: Permit Number: OCT �v 1977 Date: Zoning District: ,TOROF. ITHACA -30 Ipplicant: VARAXON ELECTRONICS, INC Iddress:....1319 Mecklenbur Rd. 'roperty aaner: Burr Chase Michael Carroll — Iddress: 1319 MecklenburgRd .oc'ati on of :Sign: Left Hand Side of Road kale Drawinv�or Attached Drawing or. Blueprint. D Si late: October -25, 1977 : - y - g natureG ,i gn Permit ( ) Approved by: (�) Deni ed: under Sec.. ,ppeal Action:.: - Da to of. Appeal : Date of Hearing: j 25.00 Deposit for Advertisement of Nearing. 10/25/77 _—� `30 Phone' Number:- 279-3344 Phone Number: Plannin!/ . Action:. Date:. Town Bd. Action: __ Date: 2nd Planning Bd. Action: Date.. 2nd Town Bd. Action: Date: TOWN OF ITHACA ZONING BOARD OF APPEALS I. NOTICE OF PUBLIC HEARINGS MONDAY, JUNE 5, 1978 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 under the Zoning Ordinance of the Town of Ithaca, on Monday, June 5, 1978, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on th.e following matters: 7:30 P.M. Appeal of Sky Top Village, Ltd., Appellant, from the deci- sion of the Building Inspector denying special approval for the operation of various businesses, including custom furni- ture stripping, furniture repair, retail antique sales, electronic lighted dance floors, and storage within existing buildings at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Permission is denied by the Building Inspector under Article XII, Sections 51 and 55 of the Zoning Ordinance. 8:00 P.M. Appeal of Norman W. Rollins, Appellant, from the decision of the Building Inspector denying an application to permit construction of a garage closer than 10 feet to the side lot line at 139 Northview Road, Parcel No. 6-52-1-16, Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section -14, of the Zoning Ordinance. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Dated: May 26, 1978 Publish:. May 31, 1978 Lawrence P. Fabbroni Building Inspector Town of Ithaca TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 51 1978 A meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall, 126 East Seneca Street (second floor), Ithaca, New York, on Monday, June 5, 1978, at 7:30 p.m. PRESENT: Chairman Peter Francese, Edward King, Jack Hewett, Joan Reuning, Robert Bonnell (Assistant to the Town Engineer), ALSO PRESENT: Michael Carroll (Sky Top Village Ltd.), Joseph Kohm, 313 Warren Place, Gary Loomis (Varaxon), Norman W. Rollins, 139 North - view Road, Rick Rollins, 139 Northview Road, Arnold Albrecht, 143 North - view Road. Chairman Francese declared the Meeting duly opened at 7:31 p.m. APPEAL OF SKY TOP VILLAGE, LTD., APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SPECIAL APPROVAL FOR THE OPERATION OF VARIOUS BUSINESSES, INCLUDING CUSTOM FURNITURE STRIPPING, FURNITURE REPAIR, RETAIL ANTIQUE SALES, ELECTRONIC LIGHTED DANCE FLOORS, AND STORAGE WITHIN EXISTING BUILDINGS AT 1319 MECKLENBURG ROAD, PARCEL NO. 6-28-1- 26.2, ITHACA`, N.Y. PERMISSION -IS DENIED=BY THE BUILDING INSPECTOR UNDER ARTICLE XII, SECTIONS 51 AND 55 OF THE ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 7:32 p.m. Mr. Francese read the Appeal as published in the Ithaca Journal, and as noted above, and read the Appeal Form, signed by Michael Carrol, Presi- dent, Sky Top Village, Ltd., dated May 16, 1978, as follows: "Having- been .denied permission --to operate various businesses.-.-.... in violation --0f -Sections=51--and.55 of the- Town-- of- Ithaca ---Zoning Ordinance ...... would impose practical difficulties and/or unnecessary hardship as -follows: Would impose restrictions upon the renting and leasing of existing buildings and/or building space on the property which in turn reduces the necessary income for maintaining the property and meeting tax obligations." Mr. Francese presented the Clerk's Affidavit of Posting and Publica- tion of.the Notice of Public Hearings in the Town Hall and the ]Ithaca Journal :on May 26, 1978, and May 31, 1978, respectively, as required. Mr.-Francese presented the Secretary's Affidavit of Service by Mail of said Notice of Public Hearings upon the various neighbors of Sky Top _ Vil-lage,-Ltd., and upon -Sky Top Village, Ltd., as party to the action. Mr. Francese read Sections 51 and 55 of the Town of Ithaca Zoning Ordinance. Mr. Gary Loomis, President of Varaxon, a tenant in the concrete block building located upon the property under discussion, formerly known -as "the hatchery", commented that the various uses of this proper- ty do not affect him and his business in any way nor do they hinder his business. He stated that there is no mess and the whole thing is a relatively small operation. Mr. Michael Carrol presented to the Board a schematic drawing of Zoning Board of Appeals -2- June 5, 1978 the various buildings -industrial located at 1319 Mecklenburg Road. Mr. Carroll pointed out that Building #7 has burned down and is completely gone. It was noted that this property is a non -conforming use in an R-30 district. Mr. Carroll stated that he wants to be able to use the various buildings in a manner suitable to their construction. He noted that the "old Marshall Farm" was quite a..large operation and its various buildings were sturdily built to meet their needs. He stated that he cannot make residences out of them. He stated that the buildings are suitable for retail operations or light industrial operations. 1. Mr. Carroll noted that Varaxon, a light -industrial operation making lighted dance floors, is located in Building storage. #4 and has a special per- mit from this Board. Mr. Carroll said that the Varaxon people should be allowed to know that they can remain there and -not have to be con- cerned about renewing special permits all the.time. He said that the rest of the buildings are proposed for retail operation involving antiques and low traffic flow. Mr. Francese ran down the buildings located on the property and their present use as follows: Building #1 Building #2 Building #3 Building #5 Building #6 Building #7 Buildings.#8 storage. Building_ #9 is residential. is a tenant house residence. and #4 (one building) are presently Varaxon is in Building #4. is a corn crib. is a pole barn. is no longer there due to fire, are two silos.-.- warehouse and-garage,.but is a storage ---barn with. -concrete -walls, but really a, barn. Mr. _ Bonnel-1 brought -up- ahe _ mat -ter -=of --the=storage-uses- and==the ques- tion of that activity as warehousing or storage. Mr.--.Francese noted that casual storage -i -s -permitted under the zoning ordinance.. Mr. Bonnell stated.that there is a question as to whether this is indeed property -oriented storage.or warehousing. Mr. ---Carroll noted that on March 29, 1977, this Board granted special approval -:for a period of two years for a custom furniture stripping business. Mr. Carroll stated that in -lieu of- each individual operation asking for -a variance --for their activities,--they-are asking the Board at this time -if=the building-itself-,.i.e., Building #3 and #4, can.be-issued an on-going variance for light industrial or commercial which involves retailing in some respects. Mr. King stated that permit approach, but -this Mr. Carroll said that special permit on-going. the Board has previously acted under a special -request sounds like a rezoning, he is not asking for a rezoning -- just a Mr. Francese pointed out that there is quite a difference between rezoning and special permits. Zoning Board of Appeals -3- 1 June 5, 1978 Mr. Carroll stated that he is trying to do some long-range planning. Mr. King commented that Mr. Carroll authorization rather than specific ones has there now. Mr. Carroll stated that preclude another operator who comes into having to appear before this Board. seems to be asking for a general for specific businesses that he that was correct.in order to a building as tenant from Mr. King stated that the Zoning Board cannot do that. Mr. Francese concurred and stated that the Zoning Board cannot issue blanket use variances. Mr. Bonnell referred to Building #3 and #4 and noted that if there is furniture stripping going on there and the use of chemicals, they must comply with the New York State Building Code which regulates commercial uses. Mr. Francese.said that these buildings were not designed for a commercial use. Mr. Carroll said that they definitely were and that the Marshall Farm was a commercial operation. He said the building in question is concrete with no wood. Mr. Francese stated that he would like to know a little bit more about what Sky Top Vi.11age�-Ltd. - is -going -- to use all these buildings for and specifically what -they -are used for right now. He cited as an example, that it is a fact that Varaxon-is.located in.Building #4 and is a light industrial --use producing lighted dance floors. He said that then this Board can give more consideration to a long-range or "indefinite' permit. Mr. Bonnell offerred to go requirements with Mr. Carroll. over the commercial building code Francese-also_-r-equested--tha-t==Mr--Carroll,del-ineate-what might--- be ight-be stored -in-the --other -,,bui-ldin'gs ;----if---they - are -t-o be -used -for-storage, for example, in -connection with the uses described. Mr.- Bonnell requested that the parking facilities, number of cars, etc. be delineated in connection with the antique business. Mr. Carroll stated that there are no auctions being held now. He also said that he has a tenant in the landscape business. Mr.=Francese summarized the -status -of the matter in -re various businesses at 1319 -Mecklenburg --Road as follows: Mr.- Carroll will return to this,Board-with:a--complete list -of the businesses being or to be conducted in any buildings=located on -the -property known as 1319 Mecklenburg Road, -and-in .addition -to -t,hat -traffic estimates, parking facilities, storage, and compliance with the New York State Building Code as it pertains to commercial uses. Mr. Joseph Kohn, from the floor, addressed the Board and stated that he is an electrician and he was hired to do some electrical work after the fire.. He presented to the Board a certificate absolving him from any liability for anything that goes wrong with the -wiring done. He stated that he had been through the whole building (not defined) and that all the buildings are out of line as far as compliance with the electrical code. Mr. Kohn stated that the Board should require a Certificate of Compliance for the wiring for the whole complex Zoning Board of Appeals -4 June 5, 1978 .Mr. Carroll stated that he agreed with obtaining such a certificate. Mr. Carroll stated that there were problems after the fire with wires burning out and being replaced.. Mr. Kohn stated again that he did temporary wiring and referred again to his statement proving that the wiring he did was indeed temporary. Mr. Kohn stated thataFloyd.Ferris is the Underwriters' representative. Mr. Carroll stated that there are three contractors bidding now on wiring. Mr. Carroll stated that he will agree to having a wiring certificate of compliance added as a condition. Mr. Kohn asked who the owner of this property is. Mr. Carroll stated that there is a land contract which has not been filed, but will be filed. He said that Eddy Hill could come before the Board as owners. He said that Sky Top is in process of purchasing from Eddy Hill on a land contract basis. He added that Eddy Hill bought the property on a land contract basis: Mr. King stated that this Board should have the owner of the property join in this appeal. Mr. Carroll stated that if the land contract is not filed by the time of the adjourned. -.hearing, Eddy_Hill.will be present..also. Mr. King asked if the obtaining of this special approval being requested is a contingency of the -contract, Mr. -Carroll said it was not. MOTION by Mr. Peter Francese, seconded by Mr. Jack Hewett: RESOLVED, that the Public Hearing in the matter of the Appeal of - Sky Top- Village, -----Ltd.,' . for -the operat-ion -of various businesses at 1319 Mecklenburg -Road =be -arid=-Hereby-:-is adjourned -until 730 p.m, on--t:he 19th day &of -June;-:-1978; =at=---126--:East- Serieca_Str•eet- - second -L f.loor-. There being no further discussion, the Chair called for a vote. Aye Francese, King, Hewett, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Mr. Francese-stated--=that-if anyone else wishes to come back at that time they are welcome;:there.will be no further publication. Mr.--Francese-directed that a certificate from the Fire Underwriters be added to the list..of--items to be presented by Mr. Carroll at the adjourned meeting;- Chairman eeting— Chairman Francese declared the Public Hearing in the above -noted matter duly adjourned at -8:20 p.m. for reconvening at 7:30 p.m. on the 19th of June, 1978, APPEAL OF NORMAN W. ROLLINS, APPELLANT; FROM THE DECISION OF THE BUILDING INSPECTOR DENYING AN APPLICATION TO PERMIT.CONSTRUCTION OF A GARAGE CLOSER THAN 10 FEET TO THE SIDE LOT LINE AT 139 NORTHVIEW ROAD, PARCEL NO. 6-52-1-16, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION._14, OF. -THE ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted Zoning Board of Appeals -5 June 5, 1978 matter duly opened at 8:2.0 p.m. Mr. Francese read the Appeal as published in the Ithaca Journal, and as noted above, and read the Appeal Form signed by Norman W. Rollins, dated May 19, 1978, as follows: "Having been denied permission to build garage closer than allowed to the side lot line at 139 Northview Road ........ practical difficul- ties and/or unnecessary hardship as follows: Back corner of garage closer to lot line than permitted by zoning ordinance. Adhering to code would place garage closer to street than desirable for convenience and appearance." Mr. Francese presented the Clerk's Affidavit of Posting tion of the Notice of Public Hearings in the Town Hall and Journal on May 26, 1978, and May 31, 1978, respectively, as Mr. Francese presented the Secretary's Affidavit of Service and Publica- the Ithaca required. by Mail of Mr. Rollins said Notice Northview_Road, of Public Hearings upon the various neighbors of and upon Mr. Rollins as party to the action. He. said that his home - is - Mr. Francese- asked -if the --garage ..exists at -this time.-- -=Mr. Rollins stated that it does not. Mr-,---. Rollins:- stated_ that in -the-remaining : space- on -his property it is -possible._ -to build -a garage- without --.a variance.-. but he would greatly prefer it and it would be -best for the neighborhood if the garage is placed -at ---a better -orientation --than,..he would -get- through -compliance and the -garage would be farther from the street. Mr. Rollins also pointed out that the proposed garage will be 7 feet from the house, the factor being that there is a gas line running along next to the house and this forces him to be a little farther away from the house than he would prefer. ' Mr_.=King- -asked if ---.Mr-,- :Rol-fi.c ns_had-disussed-athe_mat.t.er_-with-the = Gas-=and-�.Eiect-ric-:Compa-ny� - Mr:---Rollins--Tsa d==that--he---had-and pointed- -.-out-7-,that-it is his personal service line.: Mr.. Rollins stated that the cost to move the meter just about a foot would be $145.00, and thus to -have.-_a jog ---in- the ---line would- be--cer:tainl_y. -more -than--that. Mr. _ Rollins commented that when the house was built it was a requirement of the Gas and Electric Company that these meters be housed in the manner they are and•ironicaily now they have since changed that require- ment. Mr. Albrecht, -l-43 Northview_Road, spoke from the floor, and -Arnold stated that he owns the first house built in that row of houses.- He pointed --out-- . most of- the --homes -in -that areae. -have shifted their homes: -.over- to allow -:a good sized side yard-. He. said that his home - is - within -15 -feet of .the west line- and- the Holcomb --house is also 15 feet from -the line. Mr. -Rollins stated that he had talked with Mrs. Holcomb when she was recently home from sabbatic in Scotland and she had no objections to-the=garage placement. Mr. Rollins stated that -there are no windows on the --Holcomb house on the side -facing the proposed garage. Mr. Rollins stated that the distance closest from his property line to Holcomb is 52 feet, that is to the front of where the garage is pro- posed. Where the garage is proposed it is 72 feet. Mr. King noted that the Board is being asked to reduce the required side -yard of 10 feet to 6 -feet. •Zoning Board of Appeals -6- I IN ! 1 t i I I 5 I I '1 1 II I I June 5, 1978 Mr. Rollins stated that he would really like a leeway of, say, 5 feet, because the Gas Company has not yet located the gas line. It was agreed that the lot line appears to be correct. Mr. Francese urged that Mr. Rollins would do well to have an up -dated survey done in order to insure the proper.placement of any proposed garage. .Mr. Francese asked if the building is planned to be parallel to the lot line. Mr. Rollins said that it was. Mr. King noted that the proposed garage is forward of the existing house. Mr. Bonnell stated that a garage may be forward of a house as long as lotoline requirements are met or varied by this Board. Mr. Bonnell also stated that this property is located in an R-15 zone. Mr. Albrecht brought up the point of average distance from the road for building placement. The:Board ascertained that the proposed place- ment seems to be appropriate for the neighboring homes. MOTION by Mr. Peter Francese, seconded by Mr. Jack Hewett: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a five (5) foot side lot variance to Town of Ithaca Tax Parcel #6-52-1-162- Norman W. Rollins,--owner-and appellant, 139 Northview Road, Ithaca, N.Y., to allow for the construc- tion of a garage not closer than ..f ive ( 5) feet from the south, line of said -Rollins' property. The testimony of the appellant and Mr. Arnold Albrecht, 143 Northview Road, as to the character of the neighborhood indicates that there would be no harm done to the character of the neighborhood by the granting of such variance, and, further, that there would be at least.a fifty (50) foot separation of this garage from the Holcomb house to the south. ---- There being -no further discussion;- the --Chair call -ed- for a vote. Aye - Francese, King, Hewett, Reuning. Nay - None. The MOTION was declared to Chairman Francese declared matter duly closed at 8:50 p.me be carried unanimously. the Public Hearing in the above -noted ADJOURNMENT Upon Motion, --the -Meeting:°of -the Zoning Board =of Appeals -of the Town of Ithaca was declared duly adjourned at 8:51 p.m. Respectfully submitted, Nancy M. Fuller, Secretary. TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca, New York ijaving been denied permission to V / 40 Ithaca, New Yorc A"'� �at O n the accompanying Application and/or plans or other as shown o supp orting documents, for the stated reason that the issuance be in violation of of such permit would Section(s) Sri of the Town of Ithaca Zoning Ordinance ERSIGNED respectfully submits this appeal from such the UND . ort of the appeal, affirms that' denial andstrict in support observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: P a 0 P"z� Pa0P"zx f � y N.) 6- ktg� � Dated: Ithaca, N. Y. Signed L OSS NEM ANN _. 197 On h� C` 0 v C v ::j I I I i 1 I t I I ' I f I I G I 0 la I I 1 I T I I I I I i I I I I I I I I i I I I I I i I i 126 EAST SENECA STREET ITHACA, NEW YORK 14850 May 23, 1978 Mr. Michael Carroll, President Sky Top Village, Ltd. 1319 Mecklenburg Road Ithaca, NY 14850 Re: Zoning Board of Appeals Meeting Dear Mr. Carroll: This is to inform you that because of scheduling problems, we are unable to hold the Zoning Board of Appeals meeting on May 30th, 1978. Your Appeal will be heard on June 5, 1978, in the Town Offices, 126 East Seneca Street, Ithaca, NY, com- mencing at 7:30 p.m. You will be receiving an official Notice on or about May 31st. Yours very truly Nancy M7uller Secretary Zoning Board of Appeals of TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING MARCH 29, 1977 By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca, on Tuesday, the 29th day of March, 1977, in the Town Hall, 126 East Seneca Street, (second floor), Ithaca, N.Y., at the following time and on the following matter. 7:30 P.M. Appeal of Chase's Road Stand, Inc., Appellant, from the decision of the Building Inspector denying special approval for the operation of a custom furniture stripping business at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Per- mission is denied by the Building Inspector under Article XII, Section 55, of the Zoning Ordinance. Said Board of Appeals will at said time and said place hear all persons in support of such matter or objections thereto. Per- sons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: March 22, 1977 Publish: March 24, 1977 ITHACA ZONING BOARD OF APPEALS MARCH 29, 1977 A meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall, 126East�t30eP.(msecond floor), Ithaca, New York, on Tuesday, Marc , PRESENT: Chairman Peter Francese, Jack Hewett, Edward'King, Edward Austen, Laurene Ripley, Robert Bonnell (Assistant to the Town Engineer). ALSO PRESENT: John -Scott Fish, Mrs. Fish. Chairman Francese declared the Meeting duly opened at 7:32 p.m. APPEAL OF CHASE'S ROAD STAND, I3PECIALPAPPROVALFFOR THE OPERATIONROM THE DECISION OOF THE BUILDING INSPECTOR•DENYING A CUSTOM FURNITURE STRIPPING BUSINESS PER1319 MISSIONCISEDENIEDBY ROAD; THE PARCEL N0. 6-28-1-26.21 ITHACA, OF THE ZONING BUILDING INSPECTOR UNDER ARTICLE XII, SECTION 55, — ORDINANCE. Chairman Francese declared matter duly opened at 7:33 p.m. the -Public Hearing -in the above -noted Mr. Francese read the Appeal and as noted above, and readlthe dated March 14, 1977,as as published in the Ithaca Jalp Fish, Appeal Form,..signed by John -Scott 395 Mecklenburg Rd. "The building we presently occupy at 1 sold and we have been ordered to vacate immediately. The 1319 ''able for our immediate relocation." has been address is the only address avai Francese presented --the Town earin1sinftheavi TownoHallsandgthed Publication of the Notice of Public H g 1977, respectively, as Ithaca Journal on March 22, 1977, and March 24, required: Mr: Francese-presented tarineCuponrthe variouslneighborslof by Mail -of said Notice of Public Hearing Stand, Inc., and John - Chase's Road Stand, Inc*; and upon Chase's Road Scott Fish--, as parties to the action. re Mr. Fish stated that he opte at 1319 Mecklenburg erates a custom furnituRoadtinhe stripping business and would like to loca cooler building, a part of the old Marshall Farmacross the hall roved by Varaxon, a lighted dance -floor assembly operation which was app this Board on March 3, 1976, and granted a two-year special permit from that- .date.. -= Mr . -.Fish stated that -his proposed -operation _would also be next to "Help" of Ithaca. ch this Mr. Francese asked Mr. Fish if the auear°n service extension ofrthelspecial Board on January 14, 1976, granted a one-year 1975, for approval granted to Chase's Road Standon January s, , Inc., operation. Mr. Fish the -operation of an auction service, is still in stated that they discontinued it for the winter and he thought that they were going to continue it for this coming summer. ining his Mr. Francese asked Mr. Fish how Mrlong Fish statedbthatlheawould like business in the Proposed location* to locate there permanently. Mr. Fish stated that he is presently March 29, 1977 `.'r,Zoning Board of Appeals -2- 7 located at 1395 Mecklenburg Road. Mr. Francese asked if there would be a proposed business site. Mr. Fish said that -customers would come there. He said that it sign. sign located at his there would be and that would be a free-standing Mr. King asked if this would be"a Business "C" use. Mr. Francese stated that it would be under the section.covering upholsterer, dyer, etc. Mr. King stated that it appears that the Board is being asked to: permit an extension of a non -conforming use in the same building where there is already a non -conforming use. Mr. Francese stated that the matter is one of a limited use for two years. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED; that the Zoning Board of Appeals of the Town of Ithaca jai approval to Chase.'s Road Stand, Inc. grant and hereby does grant spec with John -Scott Fish acting as its agent, for the operation of a custom .furniture stripping business at 1319 Mecklenburg Road, Ithaca, New York, for a period of two years from this date. _.This special approval for a period .of two years is granted on the -condition -that -the furniture stripping business is conducted entirely within the confines of the. concrete block building presently housing Varaxon and formerly known as "the hatchery", and, on the further condition, that no outside storage is permitted. There being no further discussion, the Chair called for a.vo-te. Aye_- Francese,- Hewett, King, -Austen; Ripley-. Nay - None. The MOTION was' -declared to be carried unanimously. It -was indicated that a sign application will be submitted to onnell by Mr. Chase. The C hair declared the Public Hearing in the matter of the Appeal of Chase's Road Stand, Inc., for special approval for the operation o a custom furniture stripping -business at 1319 Mecklenburg Road duly closed at 7:55 p.m. RETIREMENT --0F MRS: LAURENE RIPLEY FROM SERVICE ON THE ZONING BOARD OF APPEALS. The members of the Zoning Board of Appeals bid a fond adieu to Mrs. Ripley who is retiring from the Board after having served as a member since January 1, 1971, and also having served as its Chairman from March to November of 1974. Mrs. Ripley -is moving to the State of Florida. The Board expressed its gratitude for her years of faithful and devoted service to the Town of Ithaca. ADJOURNMENT Upon Motion, the Chair declared the Meeting of the Zoning Board of Appeals duly adjourned at 8:00 p.m. Respectfully submitted, Nancy M. Fuller, Secretary. TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca, New York Having been denied permission to MR 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 Section(s) 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 rk observance of -the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY .HARDSHIP as follows Signe( Dated: Ithaca, N. Y. / /'7grGLr . 197 Z 10 TO! -TI -7 OF ITHACA ^ONIITG BOARD OF APPEALS MARCH 3, 1976 A meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca mown Hall, 126 East Seneca Street, (second floor) , Tthaca, Ne`T York, on lednesday, !?arch 3, 1976, at 7:30 p.m.. PRESENT: Chairman Peter Francese, Jack Hewett, Edward Ling, Edward Austen, r airrence Fabbron.i. (Building Inspector), Rcbert Donnell (Assistant to the Tom Engineer) ALSO PRESETIT: Mr. Dick Henry, ^Zr. Glenn Hubbell, 112r. T1. 113urr Chase, P r. Michael Carrol, Hr> George 'achar (Ithaca Journal) Chairman Francese opened the meeting at 7:36 p.rri. APPEAL n<' CHASE'S RnAOSmAn?0, II�TC . , APPELLF.?ia , FP.C)2 "°M:E DECISION OF THE BUILDING INSPEC'iOR DET YII?G SPECIAL APPROVAL FOR THE OPERATION OF A14 AUCTION SERVICE AND DANCE FLOOR ASSE1:1BLY OPE' RA' ION AT 3 3 ] 9 I'ZECXLENBURG ROAD, PARCEL 11,50. 6� 28i 1-26 * 2, I` HACA, 11.Y. PETWII5SI01-I IS D.E': '? moi? 3:: HE nUILDING IN"PECTOP. UDDER ARTICLE )XII j SECTION 551 OF THE Z,ONIN G ORD9i'13T,NCn, Cha.l rman Prancese declared the. Public Bearing in the above - noted matter duly opened at 7:37 p.mft, Mr. Francese read the AP -peal sigriscl bar Mr. T1I. Burr Chase and dated r`eoruary 2:I, "L9111 as follot,rs : l� sic-u►�..`-��.-.- ! �e (i: w:. should fail) are denied the use of the waL�hou�'., and barns wh:7.cn az•e no longer used in a ccmmterciul poultry G- ,:xat;,'_on, they will have to be torn down, because no one could :otand the taxes and upkeep and survive;" Mr< Francese presented the Town Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in the Town Hall and the Ithaca Journal on Feb. 25, 1976, and Feb, 27, 1976, re- spectively as required. k1r. Francese presented the Secretary's Affidavit of Service by Mail of 'a.id Notice of Public Hearings upon the various neighbors of Chaae's Roadstand, Inc., and upon Chase's Poadstand, Inc. and Varaxon, Inc,, as parties to the action. Mr. Francese stated that the auction service run by Chase's has been grantt:d a special permit for one more year. He stated that the present recu2st is to move from one building to another and have a light industrial operation in that building, 1°1r. Francese stated that Mr. Chase and Par. Carroll and the Varaxon people met informally with Mr. Austen and himself on Feb. 23, 1976. Zoning Board of Appeals -2- M;tArch 3, 1976 rir. Ting displayed a 1938 aerial photo of the West Hill area. Mr. Chase presented an August 28,1974, survey map of that portion of Eddy Bill, Inc. owned by him, approximlately 15.0] acres fronting on Mecklenburg Road, drawn by Rooiell and Assocates, Surveyors- Planncrs-Engineers. This survey indicates the following structures on this parcel. Office, Shed, 'Tenant Reuse, Main house, Barn, Bull Barn, Pole Shed, and Corn Crib, Mr. Dick Henry of Varaxon 6tated.that then envisioned Pres ently about 6 to 10 employees and absolutely no more than 10.. He said that there would be 6 to a paopie involved in the assembly of the elec-tronic dance floors: He said that the nronosed use is a light assembly operation with no big saws: -and no e;:terior storage. (Sae Minutes Z.B.A. February 23, 1976) Mr. Francese asked Mr. Henry how ox�ten:they Mould :he making a shipment. rzr. Henry said that they would make a shipment once a week -- maybe twice a week: Mr. Hewett asked: if this would require a truck coming.in to the property. Mr. henry said that it would - they will be using a ;panelled truck. Mr. Henry said that it takes a week to assemble one dance floor to be ready for shipment. Each panel is about 41 x 3' and it takes 6 to.8 panels to comprise a floor. The floors are not shipped assembles?, th=ty remain in panel for<..%, for sh. pn. tent and they are assembled on the site. He said that Cr rl11l 1�''J.b. a. is a.. viorl:ing in the building in the day time except maybe design work or office work at night. Mr. king asked how the auction service would be effected by this move. Pyr. Chase stated that there would be no effect whatsoever, they hold their auctions on Friday nights. Mr. King asked if there will be the leasing of any parking space. Mr,, Chr-11,- sa. 3 there wou d not. A'ir Fra:;�::se a,Wred that there are virtually no windows in this building. Pig. Francese asked if there are any plans to add on to this building. Mz. Chase said that there are absolutely no plans to OnAlarge the building - they would simply like to utilize the space. Mr. King asked if Chase's will be making any substantial 1:aves .meat in this building such as a capital improvement. Mr. Chase said they will not. Mr. King stated that it would then be fair to say that if Chase's were given a one-year permit subject to conditions encountered with this operation that no hardship would be felt if it were terminated at the end of a year. ?�Ir. Fahbroni stated that there was some talk at the last informal meeting on this matter afi:a two year permit. Mr. Francese noted that there is substantial investment in the business itself. Tills. Francese. said that at the last meeting (February 23) there was no one present in opposition to this proposal with the exception of Mr. Robert J. Wells who presented a letter of objection to the pro- posal together with Mr. George Ideman. The letter of objection to both appeals being heard at these Public Hearings was presented for Zoning Board A 1. Tilarch 3. 1976 the record. The letter is signed by Mr. Ideman and Mr. 11ells and is dated February 23, 1976. Mr. Fabbroni stated that there i.s no water or sewer within a mile of the property in question. MOTION by Peter Francese, seconded by 'Mr. Jack Hewett RESOLVED, that in vieiAr of the follo�•aing Findings of FCI.ct 1. The noise level in connection with the proposed use would be no greater than there would be from an agricultural use which would be permitted. 2. No storage of materials being permitted outside and no additions being allowed to the building presunnes that the exterior appearance of this complex of buildings would not be altered in any way. 3. These dance floors taking a ,geek to assemble presumes that there will not be excessive truck traffic in and out of the property. 4. This operation planning to employ from six to ten persons pre sures the L- there Eiill be no parking problem. 5. That this is a daytime operation poses no conflict with the night time auction services proposed for the same, property. 6. This proposed use is to be conducted on the property which Is approximately 153 concrete block crr.s anti is to be conductG'd in building w1hich appears approximately 350' south of Route 79, 7. That it is approximately one-half mile to then nearest dwelling to the i!r7ast and about 5UIV to the nearest dweplling to the east. THEREFORE, the Zoninq ECard of Appeals of the Town of Ithaca h r•eby grants appellor -aa -z-., Chase ° s Roads c4nd, Inc. , a special permit to ran i. ;_ i�. "i OU of tuo Nrears from this date 'to operate a light assambly ope:�Z.:.".' )n, speciy i_cally for the purpose of assembling dance floor panels ir. the concrete block building labelled "Office" on the plan da}ed 8/28/74. The address shown on this permit-. Shall be 1319 Mecklenburg Rodd, and further, HE 1T -RESOLVED, that said permit is conditioned upon the o4:�:llrations being maintained at a logia noise level and being compat- ible with existing residential uses in the area. There being no further discussion, the Chair called for a vote . Aye � Francese, Hewett, King, Austen. Nay - None, The Czairr-°an declared the MOTION carried unanimously. MOTION bj, Peter Francese, seconded by Mr. Jack Hewette. RESOLVED, that in view of the fact that the light assembly operation.c"ipproved above is to take place in the building where the Zoning Boar' of Appeals 40MR 4 r March 3, 1976 previously approved auction service was conducted, said auction service havingbeen granted a one-year Extension of its special permit on January 14, 1976, said approval is Hereby modified so that the auction service can be conducted in the first or second barn to the east of said previously approved location (the for..the hatchery), There being no further discussion, the Chair called for a vote. Aye - Francese, Hewett,. King, Austen, May None, The Chairman declared the MOTION carried unanimously, Chairman Francese declared the Public Hearing in the matter of the Appeal of Chase's Roadstand, Inc., duly closed at 9:04 p.m.. APPEAL OF GLENN L. HUBBELL, APPELLAN'T', FROM THE DECISION OF TSIE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE AN ANTIQUE AND SECOND HAVTD SHOP A141D TO USE BUILDIP,?GS FOR TEMPORARY STORAGE 0"r MATERIALS AND GOODS FOR CLIENTS ON A CASH BASIS AT 1.319 MECKLENBURG ROAD, PARCEL NO, 6-27 1-14, ITHACA, NoY. PEPJ4ISSIO11 IS DENIED BY THE BUILDING INSPECTOR UNDER SECTIOMS 19, 51, 53, 54, and 55, CP THE ZONING ORDINANCE, Chairman declared noted matter dull' opened at 8005 the Public Haring i Hearing n the abo e - Mr. Fabbroni presented the r1lo :i0i Clerk's 1..1fidavit of Posting and Pub;i.icatia.n o): the 1+;ntiee of Puy:lie kic=,ring in Town Hall and the 7;-lLaca Journal on February 25, 11976, and February 27, 1976, as required. Mr. is �:bbruni pre3lented the Secretary' Affidavit of orvicae by Ma. -i'." of said Notice of Public Hearing upon the various neighbors of and upon Mr. Hubbell as party to the action. Mr. E'?x1 .^::6 t,-)resent%ed the Appeal Form duly completed and signed by Mr. Glel-in s,> Hubbell and dated February 13, 1976, with attac'iment . Mr. Fabbroni stated that, as presented by Mra.).:!Hubbell iriformally on FeAbruary 23, 1976, this is a proposal for..the sale -of antiques and .:lie ir..>ide stor2ge -ifmaterials in back buildings on i : *p--rty.located across frorn Cha:2*e's Roadstand, Inc. property, Mr. Hubbell is also proposing to use the existing house as his residence. (See minute of February 23, 1976.) Dr. King asked Mr. Hubbell what he wished to store. Mr. Hubbell said that is the same set up, really, as across the street. The buildings are substantial. He stated that he was convinced that dead storage would be a good use for the buildings on the property he is purchasing. He was thinking in terms of dry goods, boats, campers, refrigerators, etc, Mr. Hubbell said that there are three buildings with a total of 26,000 sq. ft. One building is a one story building, one building is a three story building, and the third building is of a quonset type. r Mr. Lawrence Fabbroni 1031 Taughannock Blvd. Ithaca, N.Y. 14850 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS c - FEBRUARY 4 , 1976 By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hearingg will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca,.on Wednesday, the 11th day of February, 1976, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following timep and on the following matter5f: 7:30 P.M. 8 : 00 - Appeal of Leonard Be Liberman, Appellant, from the decision of the Building Inspector denying permit for -construction of a Boat Club -for East Shore. Marina, East Shore Drive (Route 34), Parcel No. 6-19-2-29, Ithaca, N.Y. Permit is denied by the Building::Inspector -under Article --VII- Sect- ion: 35A,__ paragraph- 3,� of -•the Zoning- Ordinance.., . Appeal::. of 0 App le lanto, from the decision of the Building dInspector ng special approval f�he opera- OmAP y tion of an auction sere o _at 1319 Mecklen ur. Road, Parcel No.f6-28-1-26.2, Ithaca�N.Y. Permis- sion iso denied by the Building Inspector Article �n__L•-- �7� , of the Zoning Ordina6ce. 550 1 Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. x:30 c N N. Dated: February 4, 1976 Publish: February 6, 1976 Lawrence P. Fabbroni Building Inspector Town of Ithaca r,Ot.n,T or IrrT!ACA Z011IING BO.AP0 OF ?APPEALS FEBRUARY 231 1976 v.7ith no quorur; present, an informal meeting of Appeals of the Toc%m of Ithaca iTas held in the mown 126 East Seneca Street (second floor) , Ithaca, 1-17bw February 23, 1976, at 7:30 p.m. the 3oning Board of of Ithaca Toun Hall, York, on Monday, PRESENT: Chairman Peter Francese, Edward Austen, Lawrence Fabbroni (Building Inspector). ALSO PRESENT: John "?ahool, Jinn Zifchock, i'iciiarc? '?enry, Teo rdahool, G. J. Loomis, �lfre Eddy,�Zi.c%ha.el J. Carroll, L?. Burr Chase, Mr. and Plrs. R. J. Tr7ells, Glenn T.Hubbell. ADJOURNED APPEAL OF LEOIT ARD D. LIBERTIAM FOR BOAT CLUB AT EAST SHORE 14ARINA tar. Fabbroni announced that at Par. Liberman's request the above - noted matter has been nostnoned until further notice from Mr. Liberman. .APPEAL OF C$"\SE' S ROAD,917 AUD, INC. ; APPELLANIT, FROM THE Di,CISION OF TLE BUILDTNG I115PEC'TO:2 DE'_?YII1G SPECIAL APPP,OVAL FOR THE OPERATION OF All TUC"'10N? SERVICE A714D DANCE FLOOR ASSE14BLY OPERA`_'ION AT 1319 M CKLENBURG RW%Dr PARCEL NO, ITHACA, 1191Y% PEPJ�ISST_ON IS DENIED BY THE BL'TiIDING IJaPECTG?2 UNDER d'A?TICLE XII, SECTION 55, OF ''!{E ZONING ORDIN- ANCE p 1�71th no quorun present, Mr. France ,. -re and Mr. Austen discussed informally the proposal being made by Par. J.-lichael Carroll of Chase's Roadstand, Inc, and with par; Fabbroni. Par. Carroll stated thac his request is for the use of a building that was LuncccuDied for a tip, -Le. He notes' that Chase's Roadstand, Inc. petitioned to Use i. is i+uilr i n T, i:nown as the hatchery on the old Paar- shall Farm cor.-PlI nc, 3s an auction service, received such approval on January, , '_.i' 5, and mere granted an extension for one year by this Board on January 14, 1916. He stated that t?�.e dimensions of the building are abort 5,500 Ipr. Carroll said that they are seeking to lease a portion of that building out to Varaxon, a shall corporation that assembles electronic dunce floors. He said that there would be no noise in connection with this coeration - it involves light assembly. He skated that -Chase's Raodstand, Inc., feels that they should be allowed to use this building with the intensity it was used prior to their taking; it. 11r.. Francese asked if. Chase's had been before the Planning Board ,qi}h this natter.. tar. Fabbroni stated that they appeared before the 'Manning Board .for the first request for the auction service. Aar. Fab':%roni noted that the Zoning Ordinance calls light industrial use more intensive than residential, Mr. Francese asked Par. Fabbroni if he con- sicerec? this proposed use a the dance floor assembly operation - more �r�tense than tale use nut to the buildings under the Marshall Farm opera® Lion, par. Fabbroni said that he did not think it more intense, but that is ir3hzt the Zoning Ordinance says. ?-Ir. Fabbroni commented that it was +: i.s understanding that the auction service r--iil1 continue in another building, Town of Ithaca Zoning Hoard of Appeals -2- February 23,1976 Mr. Francese stated that when he visited the site, tire Chase told him that there would be a continuation of the landscaping and nursery business. Mr, Francese outlined what he thought would be four uses going on on this property as followso 1. Residential. 2. A landscaping service. 3. An auction service on an annual permit. 4. Light manufacturing operation assembling dance floors. Mr. Fabbrori said that if this is going to ao to a permanent industrial use you should get into rezoning. :;r, Francese said that he was thinking more in terms of a special permit on an annual basis, Mr. Francese asked if the floors are to be assembled in the day time or at night. tir. Henry of. Varaxon said that they would be a:ssem- blded in the day time and shipped out by truck about once a week, fie said there might be office work at night and designing, Mr. Francese asked how many people would be involved in this business. Tire Henry said there would be three to four employees plus a secretary, Air. Francese commented that there would be somewhat less than 10. Pyr_, Francese asked if the floors require a crane to lift then. Mr. Henry said they did not, they were *jade in 41x81 plywood sheets and later interconnected at the job site, ilr. Robert u . Wells was present and stated that he would like to speak against this operation. He said that he ztould like to read a letter from himself and Mr. George [?, Ide__ian on t.:ie matter, dated February 23, 1976, and turn over two copies of this letter, one for each hearing set for tonight, to the secretary. Pyr, Francese read the letter from Mr. '?ells and 11r, Ideman in its entirety. "he under^icrYz, k., being ot;ners of the property located immediately adjacent to the I:7e , : of the subject property, respectfully submit that the four proposed uses of the property would not, in our opinion, be compatible with the charlaZter of the area, and would without question have a can;Lderably depreciating effect upon the future potential for Z.. d�;elopment. The Town Plan proposes residential use of this area and we fe 1 that the plan should be adhered to. We and many other neighboring property oianers have considerable investment in the area, have paid high taxes for years for this privi- 1ege, and are now threatened with undesirable uses being allowed to bacome established. We feel that one "Elmira Road" around Ithaca is :enough; to allow another to be started is too much. As we all know, once it gets started it is extremely difficult to stop such growth, As we understand the proposed uses, they would produce very little or no addition to the tau base. Instead, by allowing these uses, the %L'own i.iould be seriously jeopardizing the immense tax base which this wrea. has the potential to produce. TtTe also feel that there is no actual need in this area for such _13es, and that the elements of "hardship" and "uniqueness" do not exist in this instance, Town of Ithaca Zoning, Board of Appeals -3- February 23, 1976 Thank you for your attention and serious consideration to this matter. We would appreciate our comments becoming a part of the official record of these hearings." Por. Francese directed the following to Mr. Carroll. He said that the existing use, the auction, is under an annual permit. He asked if Mr. Carroll saw any problem with having this proposed use, light in- dustrial, under a one-year permit also. Mr. Carroll said that they would prefer more than a one year per- mit because of the nature of the buildings up there.wh'ich are much more than a residential use, Mr. Fr"ncese noted that if there is to be this multiplicity of uses the main road into the property is rapidly deteriorating. He said that it would appear to him that if they are proposing to use these buildings this way one of the conditions would have to be that that road be improved and TAyidened. Mr, Chase stated that they have already retained a contractor to do this work, Dire Carroll stated that the property will deteriorate it these buildings are not used. Mr. Francese asked Por. Henry from Varaxon hew long they, would think they could operate in this location. Dire Henry stated that they cannot tell right now h-Zlw long they would be able to operate in this bul'.lding but he could say hopefully at least two years. He said that they are definitely hoping to expand their business, Mr. Francese asked L"Ir, Henry how many dance floors they -assemble. Mr. Henry said they do about four a month and they are sent throughout the country. He said that they do not anticipate any heaving trucking, The dance floors are shipped in sections in a panelled truck. He said they would be using a drill and a hand or table saw. There would be no big j ig salry, Pyr. Francese 4* �!? ed *•%shat they are presently doing in this connec- tion. Mr. HCai ^y sa i.;:3 that they are manufacturing the floors in down- town Ithaca. They axe nIt presently manufacturing four a month. Mr. John Mahool, one of the partners in Varaxon, stated that his fathe_ is a homeo-tr;ner on West Hill and that he has a family home on West Bill and their firm would not do anything to devaluate the neigh- borhood. He noted that there i7ill be no outside storage, "Ire Francese stated that outside storage would be specifically prohibited. There iF,Tas no further discussion on this matter. Another meeting -i* 11 be held, APPEAL OF GLENN L, HUBBELL, APPELLANT, FROM THE DECISION OF THE BUILDING 1.11. TCTO?'. DET?YTm . 1 PEp\DJISSION TO OPERATE AN ANTIQUE AND SECOND-HAND SHOP = D TO USE 13ULDIITGS FOR TEMPORARY STORAGE OF 14ATERIALS AND GOODS FOR 'CLIENTS ON A CASH BASIS AT 1319 MECKLENBURG ROAD, PARCEL NO, 6-27-1-14, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTIONS 19, 5.1, 5.3, 54, AND 55, OF THE ZONING ORDINANCE, Ir, Glenn Hubbell appeared informally before the Board since there TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS FEBRUARY 11, 1976 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 under the Zoning Ordinance of the Town of Ithaca, on Wednesday, the 11th day of February, 1976, in the Town Hall, 126 East Seneca Street (second f-loor), Ithaca, N.Y., at the following times and on the following matters: 7:30 P.M. Appeal of Leonard B. Liberman, Appellant, from the decision of the Building Inspector denying permit for construction of �a Boat Club for -East Shore-- Marina, hore-- Marina, East Shore Drive (Route 34), Parcel No. 6-19-2-29, Ithaca, N.Y. Permit is denied by the Building-Inspector-:under=Article=VII;-_Sect-ion->-35A:,=-- paragraph: 3, of--the-Zoning-Ordinance; 8.& _P.M.� Appeal of Starland--Farms, Inc..- and Eddy -Hill, Inc. , Appellants, from the decision of the Building Inspector denying special approval for the opera- tion of an auction service at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Permis- sion is denied by the Building Inspector under Article XIV, Section 77, paragraph 5, of the Zoning.Ordinance. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Dated: February 4, 1976 Publish: February 6, 1976 Lawrence P. Fabbroni Building Inspector Town of Ithaca 71 Town of Ithaca Zoning Board of Appeals -5- February 11, 1976 APPEAL OF STARLAND FARMS, INC. AND EDDY HILL, INC. IN RE AUCTION SER- VICE AT 1319 MECKLEIIBURG ROAD CANCELLED BY APPELLANT. Mr. Fabbroni stated that the above noted appeal was cancelled by the Appellant prior to publication date and was therefore not adver- tised. INFORMAL DISCUSSION WITH PSP-.. MICHARL CARROLL IIS PZ AUCTION SERVICE AT 1319 MECI:LENBURG ROAD. Mr. Fabbroni noted that the Zoning Board of Appeals had granted a one-year extension of the special permit allowing for Mr. 14. Burr Chase to conduct an auction service at this location at their last meeting, January 14, 1976. Mr. Carroll wished to discuss informally with the Board the pos� sibility of Chase's Roadstand, Inc. changing the auction service to another building on the property and leasing the building known as th-e hatchery now used for the auctions to a firm known as Varaxon which assembles electronic dance floors in sections of 4° x 81 each. Mr. Carroll said that this would be a light industrial use, employing about 6 people with the assembly taking place inside the building. He was proposing that they would lease space to this firm for one year with two 2 -year options. ^vlr. Carroll said that they have had good success with the auctions and they would like to continue them. He noted that they do have the building space for both operations. Mr. Carroll said that if they were allowed to continue the auctions they would be less frequest but everything else in that connection would be the same. They Mould conduct auctions once or twice a month. Mr. Carroll noted that this operation is a nonconforming use in a residential zone because of the former hatchery operation. Mr. Carroll said that the leasing arrangements are subject to the discre- tion of the Board _ they could lease to Varaxon for two years or as stated above. He noted that there is a maximum amount of construction that can be done in that building _e if they grow they would have to move. The building contains about 3,000 sq.ft. After discussion, Mr. Hewett, speaking for the Board, stated that the Zoning Board of Appeals would like to have Mr. Chase appear for a Public Hearing and appeal for a special permit in this connection. Mr. Hewett stated that the matter will be set for 8000 P.M. on Monday, February 23, 1976. INFORMAL DISCUSSION WITH MR. GLENtt HUBBELL. Mr. Hubbell did not appear for this discussion. ADJOURNMENT Upon Motion, Vice�Chairman Hewett declared the meeting of the Zoning Board of Appeals duly adjourned at.8e35 p.m. Uack D. ,,ett, Vicew-Chairman toning Board of Appeals Respectfully submitted, Nancy M. Fuller, Secretary. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS By direction of the Chairman of the Zoning Boa:-.: Appeals of the Town of It-haca NOTICE IS HEREBY GIVEN that Public -._rings will be held by the Zoning Board of Appeals of said Tovm of I:'_.a under the Zoning Ordinance of the Town of Ithaca on the 8th day __ kjanuary, 1975, in the Town Offices, 108 East Green Street, (third f17Z-- Ithaca, New York, at the following times and on the following mat:_,: 7030 P.M. Appeal of Amy Suzanne Soyring, Appellant, _rom the decision of the Building Inspector denyir_7 -he issuance of Certificate of Compliance with the Zon:g Ordinance of the Town of Ithaca for property at 84:' 11aughannock Blvd, (Parcel No. 6®25®2=32), Ithaca, Nem York. Certificate of Compliance is denied by the 3uilding Inspector under Article IV, Sections 11 and 16, and Article VI, Section 250 8:15 P,Mo Appeal of Chase's Road Stand, Inc,, Appellant, from the decision of the Building Inspector deny-Lnz :he issuance of Certificate of Compliance with the Zo-=; Ordinance of the Town of Ithaca for property at 1319 enburg Road, (Parcel No. 6-28-1-26,2) Ithaca, New York, certificate of Compliance is den»d by rhe Rui ldi.i z _- ctor under. Article XII, Section 51). Said Board of Appeals will at said times ind of a.i^: 4 Near all persons in support of such matters or ohjecti.Onc* *here _1 . ?ersons may appear by agent or in person, Dated: December 31, 1974 \ Publish: January 2,3,4, 1975 Lawrence P. 17.bbroni Buildinq ... .c`_or Town of 1t a -a Town of Ithaca Zoning Board of Appeals -3- January 14, 1976 Vice -Chairman Hewett indicated •to Levy t_iat the Board would like to have something from Edwin Drake in writing. Mr. Levy suggested that in order to avoid delay, if the Board were to act upon his request could the Board make such a document a condition of the granting of the variance. MOTION by Mir. Edward King, seconded by Mrs. Laurene Ripleye RESOLVED, that the request on the appeal of Mr. Jon Levy for a varianceidentified as To to build a dwelling on the lot �zm of Ithaca Tax Parcel No. 6-28-1-34.35, which is on the north side of Vera Circle, with a 15 foot side yard on the cmaest side of the p_r000sed house and being set back at least 30 feet, be and hereby is granted subject to receipt of a copy of the Edwin Drake Deed for the property adjoining on the west and the Building Inspector ascertaining that the Deed bears a restriction to the construction of one dwelling only on said.Drake lot, and, further, -that this Board be presented with a statement in writing from Edcgnn Drake acknowledging his consent and agreement to the granting of this variance. There being no further discussion, the nice -Chairman called for a vote. Aye - Hewett, Ripley, Austen, King. Nay - None. The Vice -Chairman declared the MOTION duly carried unanimously. Vice -Chairman Hewett declared the Public Nearing on the Levy Appeal duly, closed at 8:00 p.m. APPEAL OF CHASE'S ROAD STAND INC., APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SPECIAL APPROVAL FOR THE OPERATION OF AN AUCTIOYI SERVICE AM 1308 MECKLENBURG ROAD, PARCEL 140, 6=28-1-26.2, ITHACA, NEM] YORK* APPROVAL IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIV, SECTION 77, PARAGRAP?i 5, OF THE ZONING: ORDINANCE. Vice -Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8°02 p.m. Mr. Fabbroni presented the Town Clerk's Affidavit of Posting and Publication of the Motice of Public Hearings in Town Hall and the Ithaca Journal as required. Mr. Fabbroni presented the Secretary's Affidavit of Service by nail of said Notice of Public Bearings upon the various neighbors of Mr. i^I. Burr Chase and upon the party to the action, Eddy Hill, Inc. ter. Fabbroni presented the Appeal Form duly completed and signed by Mr. Chase and dated January 1976, Mr. Fabbroni pointed out that the special permit granted by this Board to Chase's Roadstand, Inc. on January 8, 1975, for one year has expired. The Resolution of approval is as follows: January 3, 1975. "RESOLVED, that the Zoning Board of Appeals of ': Toon of Ithaca grant and hereby does grant under the provisions of :..;'cion 77, paragraph 5, of the Town of Ithaca Zoning Ordinance, special arl%;,roval to Chase's Roadstand, Inc. to operate an auction service for a %,.�.iod of not More than one year from this date at property on the �,.- aenburg Road in the Town of Ithaca, kn own as the Marshall Farm, and Town of Ithaca Zoning Board of Appeals -4- January 14, 1976 being a part of tax parcel No. 6-28-1-26.2 and comprising approximate- ly 15 acres. The outside storage of auction goods is prohibited. All parking in connection with an auction shall be off Mecklenburg Road, Auctions shall be conducted only during the evening hours on a fre- quency no greater than one a week and approximately between the hours of 6000 p.m. and 11°00 p.m. This approval is subject to review by this Board, The auctioning of livestock is prohibited, The auction service shall be limited to taking place in a building known as the hatchery shown on the attached sketch." Mr. Chase stated that they would like to continue the auction service if possible, Mr. Chase also pointed out that the correct address, as far as he knows, is 1319 Mecklenburg Road and not 1308 as shown in the Town of Ithaca Final Assessment Roll, Mr. Hewett asked Mr. Chase how the business has been going. Mr. Chase commented that it was okay - just sort of up and down. Mr. Hewett asked if they have policed it themselves and Mr. Chase said that they have. .1.4r, Chase noted that they just had one instance of traffic parking on the Road and they took care of that and it has not re -occurred. Mrs. Constance Cook, former Assemblywoman, stated that she is well aware of the difficulty in making ends meet these days. She stated that she is also aware of.the problems of zoning in this Town having been involved in the writing of the zonirig ordinance. She com- mented that her interest has been the idlest part of the Town of Ithaca. She said that she would simply indicate that she is sensitive to the West Hill area and that there are others who are sensitive to that area. She stated that it is vital that it be developed carefully, She noted that it has been substantially improved, She said that she could not complain about the Chase operation because she really did not have any complaints. She stated that she always reads the legal notices, She stated that she trusted that the application is for another year. She commented that she did not know of any objectionable signs. She said that she would not want to see any expansion of the use, She said that she assumed that this is a temporary arrangement as opposed to a permanent granting of such a use, She stated finally that she would question the right of this Board to do anything other than on a tempo- rary basis, Mr. Fabbroni asked Mr. Chase if the canned food market has picked up at all. He commented that as he recalled it, that was their primary interest in the land. Mr. Chase stated that due to their financial situation they have not pushed it - they just cannot, He said that they eventually want to go in that direction. He said that the canned food situation is better than it was a year ago, Mr. King stated that he would want to be assured that any exten- sion of special approval would stipulate that all parking be off the highway. Mr. Chase noted again that there was just one night when they had 400 people there and they got on the road. Mr. King pointed out that the auctions were to have been conducted only during the evening hours and asked if they have been so conducted, Mr. Chase said that they have. Mr. King noted that there were to be no more than one a week, Mr. Chase stated that there has been one a week as required except that there was one week when they got snowed in and they had an auction on a Tuesday also, Mr. King asked if the auctions have been __ held between the hours of 6:00 and 11:00 P.m. Mr. Chase said that Town of Ithaca Zoning Board of Appeals -5- January 14, 1976 they have. Mr. I:ing noted that this approval is subject to the review of the Board. He asked if livestock had been auctioned. Mr. Chase said no. Mr. King asked if the auction service has been conducted in the building known as the hatchery. Mr. Chase said that it has. Mr. Fabbroni pointed. out that the Board will recall that the Calan 1. was to take about five years to get the produce business viable, tiro Hewett stated that it was hisopinion that this Board is acting on a one-year extension of the special permit issued in January of 197/5. MOTION by Mr. Jack Hewett, seconded by fir. Edward Austeno RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant under the provisions of Section 77, paragrar. 5, of the Town of Ithaca Zoning Ordinance, a one-year extension of the special approval granted to Chase's Roadstand, Inc. on January 8, 1975, with the same restrictions as cited therein. vote. There being no further discussion, the Vice -Chairman called for a Aye - Hewett, Ripley, Austen, King. Nay - None, The Vice -Chairman declared the MOTION duly carried unanimously. Vice®Chairman Hewett.declared the Public Hearing on the Chase's Roadstando Inc. Appeal duly closed at 8e14 p.ni. ADJOURNMENT Upon Motion, the trice -Chairman declared the fleeting of the Zoning Board of Appeals adjourned at 8a15 p.m. Respectfully submitted, Nancy Me Fuller, Secretary. Jack be Hewett, Vire-Chairman Zoning Board of Appeals 1 f • (_ t. It t It r 126, East -Seneca Street I, . .. June :17,.1975' IP . Chase's' Road • Stand, , Inc, 1319 Mecklenburg. Road o• Ithaca,New. York ..'148 5 0. 6 lGentlefen: Enclosed :please find a ,copy.,of the January,A, .11975; meeting:_ Minutes of the:Zoning Board of Appeals -at which time.,you'.were .granted',permission-.to.operate an auction Iservice `;for= A , period ofnot 'more. than, one :year. As. a parto of .the Board's Resolution, parking shall' be, off' Mecklenburg -Road. It •has :come;` to.. our. `attention, through dt County. 'Sheriff and other Town off'icial's,° ` Observationd, that 2:0 to 3,0 car's are.parked at t meson ILI h the'' Mecklenburg.Road. _. •Parki#9 on ' the ' Mecklenburg -Road.• `should cease ' immedi- ately. Failure. to abide, by the full -enclosed ResII olution will:result`in discontnuance,of the, auction operation by order: of the 'Board of Zoninq Appeals if the situation, is not,' reMedied. : r We look forward .to your positive attention to this: w matter. through .:increased : _9 policing of the: parks.ng procedures., T Sincerely yours LawrencedL =P. Fabbroni, . Building; In .: LPF%nf enclosures 9 , ..t Zoning Board of Appeals -4- January 8, 1975 units for that building. (2) A minor variance was granted on that same building for a porch 5' from the property line instead of 10'. Our records indicate that Mr. Soyring was Zoning Officer for the Town of Ithaca at that time. I would like at this time to have Mr. David Cowan talk to the Board because he has been Zoning Officer from February 11 1968, until my appointment. Mr. Francese asked if there had been a variance requested or granted for the second unit in the other building. Mr. Fabbroni said that he could find no record of such a request or granting of a variance for that purpose. Mr. Fabbroni asked Mr. Cowan if he had ever issued a permit or variance for the third unit in the secondary building or if he had ever issued a permit or variance for the second unit in the main building ("cottage"). Mr. Cowan stated that he had not in either case. Mr. Cowan stated that he understood that the second unit was in the main building in 1970. Mr. Francese asked Mr. Cowan if there were any building permits or variances applied for for the fourth and fifth dwelling units. Mr. Cowan replied that there were not. Mr. Cowan further stated that it appears from the record that the Zoning Board of Appeals at that time was aware of the third dwelling unit in the second building because they asked Mr. Soyring to come and make an application. At 8:13 P.M., Mr. Francese adjourned this Public Hearing in order to allow the absent members of the Board time to appraise themselves of the meeting held tonight and to allow the members of the Board.here present to consider the matter more thoroughly before rendering a decision. Mr. Francese stated that the decision of the Board will be rendered in approximately two weeks. PUBLIC HEARING: APPEAL OF CHASE '.S.ROAD STAND, INC., APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING THE ISSUANCE OF CERTIFICATE nV PnMVT.ThWrV'FOR PROPERTY AT 1319 MECKLENBURG ROAD (PARCEL NO. 6-28-1-26.; Chairman Francese declared the Public Hearing open at 8:20 P.M. and read the Appeal request as received from Mr. Michael J. Carroll, Vice -President of Chase's Road Stand, Inc. (See attachment to Official Minutes of this Meeting). Mr. Francese also presented the Clerk's Affidavit of Posting and Publication. Mr. Michael Carroll stated that the problem is that when they appeared in late August before the Planning Board of the Town of Ithaca they gave the Planning Board 17 points (see attachment) which Chase's intended to carry out under the zoning ordinance as it presently exists. One part of the project up there depended upon establishing a canned wholesale operation. He stated that they were unable to get in on a canned wholesale business which left a large part of the warehouse empty. They need some income out of the main part of the warehouse. They would like to run an auction service, not a retail auction business. It would involve good used merchandise which would be sold on consignment. These auctions would be proposed to take place every other Friday night. He stated that they have held two auctions already. He felt that the main concern of the Board will be how much interference this kind of operation will have on the neighborhood. He noted .that parking is ample for 200 cars and parking is off the road. The building is heated and well lighted The auction takes place from 6:30 p.m. to 10:00 or 10:30 p.m. All traffic is off the hill by 11:00 P.M. The request is of a temporary nature to fill in until such time as they can establish a wholesale canned goods Zoning Board of Appeals 00500 January 8, 197.5 business. He felt that that is important. They do not intend to get into the auction service as a permanent part of the operation. Mr. Carroll noted that the buildings are only about 20 years old. They are cinder block, fully heated and lighted. He stated that they do not want to disturb the neighbors. He noted that those buildings are going to be there whether .they use them or not. It is zoned residential. The Marshall Farm was there, of course, and any other farm business that would go in there would certainly be of a commercial nature. Mr. Carroll stated that they really did not know how long this use would be made of the warehouse. He said that some people are saying that it could be as long as five years before the wholesale canned goods business will open up. He noted that they tried to find canned goods even up in Canada. Mr. Carroll said that the nursery is going pretty well and the wholesale produce business also. He felt that approval should be for a minimum of one year at least. Mr. Carroll said that he thought that traffic is a big consideration, but he thought that the Board has to look at it with respect to certain traffic conditions -- it is not a five day a week traffic flow, just a certain number of hours every other Friday from say 5:30 to 11:00 p.m. Mr. Carroll pointed out that someone could move back in there and start raising hogs -- there are almost 300 acres. How it is to be used is the question with specific reference to the buildings that are on the property. He said we are talking about very expensive buildings and properties. By way of further background, Mr. Fabbroni stated that Mr. Chase and Mr. Carroll came to the Planning Board on August -_13, 1974, for approval of the use they wished to make of their property which is about 15 acres of the old Marshall Farm. There was some notice at that time of a certain amount of warehousing, and, traffic was noted by the Planning Board. Things went in there and then we saw an ad in the newspaper for an auction and we called to ask about the ad., They said it might be a one-shot affair and then it was a success. I went up there and checked it out and they had already advertised for another auction. The buildings are much more than just a little farm or a hatchery. They are cinder block and fully cooled and ventilated. There are offices, elevators, and then there is another barn where they were going to have the nursery stock. I asked them to come to the Planning Board and see what they say. They were told that they could go ahead with the second auction as planned. The Planning Board passed the following Resolution on December 3, 1974: "RESOLVED, that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Zoning Board of Appeals of the Town of Ithaca that'a special permit be issued to Chase's Road Stand, Inc. to operate for a period of one year an auction service at the Marshall Farm site now occupied by Chase's Road Stand, Inc. The permit should be subject to review at the end of one year at which time particular atten- tion will be given to the traffic generated by this operation and its impact on the surrounding area particularly Hector Street. It is under- stood that outside storage of auction goods will be prohibited. The Planning Board suggests that every effort be made to establish the original intended wholesale food operation at this site and that the auction service function be terminated as soon as possible." The Planning Board asked that Mr. Chase appear before the Zoning Board of Appeals. Mr. Fabbroni stated that he has assumed that what they want to do is less of a commercial use that what was made of the Farm. Mr. Cowan noted that what has happened was before his term as Zoning Officer and that he had thought they were referring to the dairy farm. He stated that January 1975 Zoning Board of Appeals -6- 8,_ m he could see now that the hatchery is what is being talked about. He noted also that R-30 can have a farm in it. Mr. Cowan agreed that what is being talked about here would be in the category of a non -conforming use. Mr. Ring asked about the dimensions of the property owned by Mr. Chase and -he was told approximately 90.0' on the Mecklenburg Road and about 700' back. Mr. Chase presented a map of his property (see attach- ment) . Mr. Fabbroni said that he had trouble here with his interpretation of a more restrictive classification. His final opinion was that what they want to do is more restrictive as well as would be waht they want to do with the wholesale produce. It was his further opinion that if the auction business becomes successful and expands to more than once or twice a month, then instead of granting a blanket approval the Board should issue a special permit for this use that the Board can review after a year's time. Mr. Ring asked Mr. Chase what they replied that they are auctioning anything 6:30 p.m. Mr. King asked what the zoning with Agricultural across the street. Mro of the business that was there it evolved Chase's bought ite are auctioning. Mr. Chase but livestock starting about is again. He was told R-30 Fabbroni noted that in view into a non -conforming use before Mr. Ring asked what is the non -conforming use? Mr. Fabbroni stated that it is the commercial hatchery. Mr. Ring noted then that it is a commercial non -conforming use in an R-30 district. Mr. Austen reported that he himself saw that parking was a problem at .the site last Friday night (January 3, 1975) and that there were a lot of cars on the road. Mr. Chase stated that they were caught short of help that evening and there were not enough people directing traffic to the back of the property where there is ample parking. All the cars were stopping at the office since there was no direction to the rear of the property and the overflow was remaining on Mecklenburg Road. He assured the'_Board that such a thing will not happen again. Mr. Ring asked what is. -the balance of the farm being used for now. Mr. Chase replied that it is used for general farming and the raising of vegetable crops. Chairman Francese declared that the Public Hearing on the Chase Appeal was adjourned at 8:50 p.m. and the Zoning Board of Appeals retired into Executive Session. Chair. The Public Hearing was declared to be opened at 8:55 p.m. by the MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant under the provisions of Section 77, paragraph 5, of the.Town of Ithaca Zoning Ordinance, special approval to Chase's Roadstand, Inc. to operate an auction service for a period of not more than one year from this date at property on the Mecklenburg Road in the Town of Ithaca, known as the Marshall Farm, and being a part of tax parcel #6-28-1-26.2 and comprising approximately 15 acres. The outside � toning Board of Appeals -7- January 8, 1975 storage of auction goods is prohibited. All parking in connection with an auction shall be off Mecklenburg Road. Auctions shall be conducted only during the evening hours on a frequency no greater than one a week and approximately between the hours of 6:00 p.m. and 11:00 P.M. This approval is subject to review by this Board. The auctioning of livestock is prohibited. The auction service shall be limited to taking place in a building known as the hatchery shown on the attached sketch. There being no further discussion, the Chair called for a vote`. Aye - Francese, Ring, Austen. Nay - None. The MOTION was declared to be carried unanimously. The PUBLIC HEARING was duly closed at 9:05 p.m. ADJOURNMENT Upon Motion, the meeting of the Zoning Board of Appeals was adjourned at 9:07 P.M. Zoning Board of Appeals Town ofoIthaca Respectfully submitted, Nancy M. Fuller, Secretary. Vt LI f �Egag 1'Yt A i n/ �Q► vEt.�'i y -MAi►4 14ULaSif ,❑ sE =4/ (3,.,L1.. B Ard S5tO mA �N BAP.r4 �Tb Q) E R�U��NEI� U,)" E N 5EwEe S�s�em A5 no 15Q' ASCO, BgCr! l= O Z CL. ATO DE E T iNEa� y SE LLE �a�: wa • awu wuw• w•• •.y��o p• ..... tinder and all buildings and improvements thereon. 0 TOWN OF ITHACA W` W YOtP ki'PEii.L to the Building Calmmissioner and the Board of Zoning Appeals of the Tovm of Ithaca.,, New `dark tic been denied permission to A /3/ A shown o. t the acomparjy:Lp?7 Applica.t a.on am.d/or plans or othe , eu'> port... doc e:^Ls� fora the stated reason that tax€ Of suc,b pelmit ,could be In vi.ola.timn of of the Town of Ithaca. Zoning Ordinance the UNDERSICAIED respectfi;L11y submits this appeal from sucoh denial and a in support of the appeal., affirms that strict obs ear% ance of the Ordinance ivould impese PRACTICAL DIFFICULTIES andAr MUTEC-EMILR'. HARDSHIP as f®l.l.o-dsa Ithaca, O7 LGil to 0 TOWN OF ITIiACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING MARCH 29, 1977 By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance. of the Town of Ithaca, on Tuesday, the 29th day of March, 1977, in the Town Hall, 126 East Seneca Street, (second floor), Ithaca, N.Y., at the following time and on the following matter. 7:30 P.M. Appeal of Chase's Road Stand, Inc., Appellant, from the decision of the Building Inspector denying special approval for the operation of a custom furniture.stripping business at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Per- mission is denied by the Building Inspector under Article XII, Section 55, of the Zoning Ordinance. Said Board of Appeals will at said time and said.place hear all persons in support of such matter or objections thereto. Per- sons may appear by agent or in person. Dated. March 22, 1977 Publish: March 24, 1977 Lawrence P. Fabbroni Building Inspector Town of Ithaca IS G TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING MARCH 29, 1977 By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca, on Tuesday, the 29th day of March, 1977, in the Town Hall, 126 East Seneca Street, (second floor), Ithaca, N.Y., at the following time and on the following matter. 7:30 P.M. Appeal of Chase's Road Stand, Inc., Appellant, from the decision of the Building Inspector denying special approval for the operation of a custom furniture stripping business at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Per- mission is denied by the Building Inspector under Article XII, Section 55, of the Zoning Ordinance. Said Board of Appeals will at said time and said place hear all persons in support of such matter or objections thereto. sons may appear by agent or in person. Dated: March 22, 1977 Publish: March 24, 1977 Lawrence P. Fabbroni Building Inspector Town of Ithaca Per - TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MARCH 3, 1976 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 under the Zoning Ordinance of the Town of Ithaca, on Wednesday, the 3rd day of March, 1976, in the Town Hall, 126 East Seneca Street, (second floor), Ithaca, N.Y., at the following times and on the following matters. 7:30 P.M. 8:00 P.M. Appeal of Chase's Road Stand, Inc., Appellant, from the decision of the Building Inspector denying special approval for the operation of an auction service and dance floor assembly operation at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Permission is denied by the Building Inspector under Article XII, Section 55, of the Zoning Ordinance. Appeal of Glenn L. Hubbell, Appellant, from the decision of the Building Inspector denying permission -to operate an antique and second-hand shop and to use buildings for temporary storage of materials and goods for clients on a cash basis at 1319 Mecklenburg Road, Parcel No. 6-27-1-14, Ithaca, N.Y. Permission is denied by the Building Inspec- tor under Sections 19, 51, Ordinance. 53, 54, and 55, of the Zoning Said Board of Appeals will at said times and said place hear all persons in supAort of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: February 25, 1976. Publish: February 27, 1976. February 23, 1976 T0: Town of Ithaca Zoning Board of Appeals Seneca Street, Ithaca, New York FROM: George W. Ideman and Robert J. Wells Judd Falls Rodd 64 E. Main Street Ithaca, N. Y. 14850 Dryden, N. Y. 13053 RE: Proposed uses of the premises at 1319 Mecklenburg Rd., Ithaca, N.Y. by Chase Road Stand and Glenn Hubbell (2 public hearings) The undersigned, being owners of the property located immediately adjacent to the west of the subject property, respectfully submit that the four proposed uses of the property would not, in our opinion, be compatible with the character of the area, and would without question have a considerably depreciating effect upon the future potential for residential development. The Town Plan proposes residential use of this area and we feel that the plan should be adhered to. We and many other neighboring property owners have considerable investment in the area, have paid high taxes for years for this privilege, and are now threatened with undesirable uses being allowed to become established. We feel that one "Elmira Road" around Ithaca is enough; to allow another to be started is too much. As we all know, once it gets started it is extremely difficult to stop such growth. As we understand the proposed uses, they would produce very little or no addition to the tax base. Instead, by allowing these uses, the Town would be seriously jeopardizing the immense tax base which this area has the potential to produce. We also feel that there is no actual need in this area for such uses, and that the elements of "hardship" and "uniqueness" do not exist in this instance. Thank you for your attention and serious consideration to this matter. We would appreciate our comments becoming a part of the official record of these hearings. George W. Sincerely yours, Robert J.. ells r•.:l � iYl' S operate an auction service it 13Mecklenburg Rd. (Parcel_ #6-28^1-26.21.= to !: Y •J%i.1 LY ~' -n '�r f,`.p. ti .. ':. ilf1 f`Y y. `- 77 :3.;. :'���. �! •! �li:•ia. :.i. .� if :.J�t�(: �f ��f1A1?r.�\ `�� i1 wTJ GJ-Yi� �+ 11 +': .•r :1rr;7�vit�_:;; ::l'.'� t.pl �.S ' x,.:: ���JE?S�, 4' Om :7�-1v r i J •• yy !t '5 Y`.. 11...f.'. L=�. I•TY _� f ^ �( 1 is .r r:. _.. G-1 ..:.r �J ii �.a G�: r: t: ♦J E. !. w rl. C'...•� , .ole ,tls !.; �:�--� � :. t c �L:� ?_ ::: _ >.c�.. k�ctt"_c .r=•v�:s:� r �TI��AI. DLFPICL'Li IES _y ?: �-• a! L ;+j.,J.vJo!i�.l el J•..i .U\�.'i=1r [ir�i �Q.:_.i•.OW3o I Special approval from Board of Appeals to operate said auction -•rT•+.lwl•u'.�rn-•.. T"ws.�...q.:•�••.c.'r•.-:w.wYl..vA..m..��'acr.r•r/.��c1•^•�aaa•r.�•-^!m.r•r..+c.w•".YYwCi-Ia.m!+ar�!•a.'� tv-r•VraY o[s.Nrsve•o �.�.aa.rrxi.o•H.'.9/weLC service expires January 8, 1976. sa..a.:wi•_�•a+t:_.e:31•+we^at: �z�rl.Isra-:•t�.•�r..s•Ts..c�'���::a+r.+n:rt�.��•fY.IM11irL+/:a�T Ss'i•.+Yi•!ti,v+L•�e!3+5C.!'fwC•n'.c�"r"'� 'ufnr�r'vlcrlS '1:�YFlC+ate ♦. ..•.••.{:-f•.Ztr'u'i..i.Irf_'R/...r'-I4:7 RaVw T VMWWiT•'^J'J JC:..v.•.!•W1.••CwS r•a'.•rr�1w•/Y•I�.Wr/Y4YV/ 'r[9 JPY'iY�aRY' �•.. • : N.e:JL'••�'\'•••"-��.1. '3C..C*,rlfr�r•TI FGI..T Y. .. .+. +... 1II•f_r. now %•A t. .• Ajb%ft.-•unary•1.•.'�l.ry.Y•.Q[LelNp.frvVag6'M.T.f�aa.rlf�M�1'YrwI�O•KY6O • •u_rY ..:/rT /.Y.�..�.K�•..r�r.-••4i:�•LV'�•�r•I�+�T.s+..�r�.s��..Vr�••1 V��.�••r�r rr.•W-•r-'arrOu+a�••lirlfwN•��!YOT.�C•./i7•`YM:wvti'•.IrR.•�I•.O�T�Q1+�•Iarlrapll49ff� n�i f E W. Burr Chase �c Jan. 'ice 76. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF�PUBLIC HEARINGS JANUARY 141 1976 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 under the Zoning Ordinance of the Town of Ithaca, on Wednesday, the 14th day of January, 1976, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following matters: 7:30 P.M. Appeal of Jon Levy, Appellant, from the decision of the Building Inspector denying permission to construct a single-family house at 125 Vera_Circle, Parcel -No.. 6-28-1-34.35, Ithaca, N.Y. Permission is denied by the, Building Inspector under Article V, Section 21, of the Zoning. -Ordinance._ 8:00 =P::M - Appeal -°of Chase.' -s Road Stand; , Iric:_, Appellant, .-from;=the- decision-of-the Building Inspector denying special approval for the operation of an auction service at ,q 1309 Mecklenburg Road, Parcel No. 6-28-1-2'6.2, Ithaca, N.Y. Approval is denied by -the Building Inspector under Article XIV, Section 77, paragraph 5, of the Zoning Ordinance. Said.Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: January 7, 1976 Publish: January 9, 1976 a ,d. the., noar d of e2,c--'2`.l n� Xpr� e al of Abe Town of Marna, New Tork 3: •.3.�?k; _ den1l ed perri.ssi.on. t;i operate an auction service '.VC�Fni�11S[�a'.�CLu"Rin'�eM][fiGn.1�NSAZ41�0.nRS'1S>Pi:1FG[LT.^Y+e1r .� i.Tv�::Y�_tY�s. A-LT.�i4�f �..YJ�R^}.N'�v.'.1 .�1CUT[V,J%461W1iGo,W.^ltli'M�'�„�Mt1pt�I,n„AWC9'�JM:�Q114':a/y:V6MYR.:P•f( iM:Y.yR'�R�i'!.`Cd'✓�! V]PRR6v0..4F<' �flN.'�.Mi �r-r. .a f. Y` 13�� Mecklenburg Rd. (Parcel #6-28-1-26. i�?'�.o s.. r1, P A zncan.n.-a we:,on+.xJnr•v:cvn+�en«.xvrac••wn-,..... wnrcis',-ie��.:++ew.+fwwr-v.:-_v,m+�taaT.rn �oxx¢a�:r pp l f c a°s` i*n and/or p 1_a ns or OV,ppo r.:5-i.ig d t'}^;x.Y34°�l'ta , .�i`or �th.:� �����?`.•? �°'�'�is�.�7 $�':;_1?' �}'.I� p -if :%u ch pc rm.i t would be in vi ol.at ins . of SoctAonlke=) 77 of the Town of Ithaca Zoning o`dinano�e the UNDERSICNM respecti"ally submits this appeal from such danx ial and., in support of the appeal.,: affirms that; strict oba� e.rvance of the Ordinance would impose PRACTICAL DIFFICULTIES ands or L;NNEC �'SSAi; HARDSHIP as follows* o Special approval from Board of Appeals to operate said auction service expires January 8, 1976. Dated, Ithaca., Jan. 19 76. W. Burr Chase ea¢a+a.�arzw+u+mlmsazu .rJ®.ATv J CHASE'S ROADSTAND INC. 1319 MECKLENBURG RD. ITHACA, N.Y. 14850 TEL. ( 607) 273-7250 J GL'L-�-L _- c (t. ck CHASE'S ROADSTAND INC. 1319 MECKLENBURG RD, ITHACA, N.Y. 14850 TEL. ( 607) 273-7250 L�/ C�'i li 1.� L-•� G`.'- Li L•C. I'-l.li� �"� C c� G c' /Z�_ J r ��/�L ��C`c LLGr,•�tl� L 'C �t /CC t L` ZQ- C % 7 C ��a c t tic V, cc CIL zL- c J 0' Ot �C: LCt.�(Q. u? �L�' �f s ��� vrt 4L �� K.d- LL /Y;i1 y ��c qs CHASE'S ROADSTAND INC. 1319 MECKLENBURG RD, ITHACA, N.Y. 14850 TEL. ( 607) 273-7250 �C C: �Y i1�/'l�C�ui ✓� l� �' -l-Gl Gv . �� C1 _ J `c- /✓.tic..,, a0 / . Lt (�i'tics-�vs 7 QiYi G� l/� 41, THIS IS TO CERTIFY THAT the following persons were duly notified by mail of the Public Hearing called by the Building Inspector to hear the Appeals of (1) Amy Suzanne.Soyring and (2) Chase's Roadstand, Inc., said Public Hearing held in the Town of Ithaca Offices at 108 East Green Street, Ithaca, N.Y. on the 8th day of January, 1975, at 7:30 p.m. 1. Saino.Zazzara, 853 Taughannock Blvd., Ithaca, N.Y. Parcel No. 25-2-31, 2. Thomas M. Reese, 841 Taughannock Blvd., Ithaca, N.Y. Parcel No. 25-2-33, 3. Oscar & Elizabeth Westfall, 154 West Haven Road, Ithaca, N.Y„ Parcel No. 28-1-26.1. 4. Charles and Grace Ostrander, 142 West Haven Road, Ithaca, N.Y. Parcel No. 28-1-27, 5. Donald &.Genevieve Henry, 140 West Haven Road, Ithaca, N.Y. Parcel No. 28-1-28.1. 6. Helen DeGraff, 122 West -Haven Road, Ithaca; N.Y. Parcel No. 28-1-28.2; Parcel No. 28-1-28.5. 7. Nancy Lee Fidler, Lansing Apts, East, 9-2F, Ithaca, N.Y. Parcel No. 28-1-28.4. 8. State and Aurora Inc., 138 Prospect St., Ithaca, N.Y. Parcel No. 28-1-25. Si*? Nc)r�h Ciaro)^a. 9. Radio Ithaca Inc., :L=M Setrth Cayuga St., Ithaca, N.Y. Parcel No. 28-1-24, 10. Cecil Shulman & H. Wallace, P.O. Box 727, Ithaca, N.Y. Parcel No. 28-1-20.2. 11 Cy,^� c�. .Ce • fit-' Such Notices having been mailed by me on January 2, 1975. Zoning Board of Appeals Town of Ithaca .� 3 , /1 'a .. z Cf ��e�i xkA.� . IN TOWN•OF ITSACAIt '- _ZONING BOARD OF APPEALS NOTICE OF-, PUBLIC HEARINGS •.Y -' ..�. t {•'.L-c_.at'c , Yk.�.. ..•a� a3a�,£ �'.c�"�-+^'[ .i to ShJ �' L 4' �f i} ♦ f: .« c. ,r f vc 'f +»c-" s,aa T �.: 'Y!,jSr t. �y k •a. 'C �-?� M 4-j 5'.' ,. r _ ?s " IN.- « ,c fr mat _t a ria aLY ~s '.i ` iii. '� �-r.!:y"F T"i ..Cr•✓Jr.. �..�+�-_�°r"" �,a,. ....�a+ rk r+t' .T. '` t-- t .y z {�� - �� ♦ ar„3� ;`.^ a f. .,f =• s+ .,.-r ;..,.�•.�_i'ii� RyYt r.�A 20 eL• »C- -s�.r �'iv�"�,' �.. - .. t...-�� _ _.. ... -!�� a. T i � t�� $.� . � '4. "� r3++rr �L , •., By_ direction of tie Ciairm of the; Zoning Boa~ � �of �Ap� ears �•-• ; �ae?'�fS �- .-a�•"._ r.:"'LY : F'"- rt ..°'Y -+w ��� y�^xtr;���'�.•Ctita��A ^yam �g .zvt ,C., .1�.�,.a... .;,.len ' Sa '.'Fi+. C r aaa+cii �'s'i�: ,.�.•i�i'` i".z¢ -a- .r^u �r�a'.'e'T.L`1 r " t -Gin` G'f+ v 'fVr"+' '). — -y �• `Sls^..r" +Sc zs'si ` a �-w /y. -.s T .✓- �--X"�'.��.n� � a§�z': ir.�! J+'.vet '`T " �'`.�L y - :.+4i". s xi. mar ..�.a..A- chi +Gy cY.r r 'Y .�6?'•..lri ...m• -+.yu. ./'asrll- -.• a �: +}.�. -T t<�s? $�`+•' v�[k� "b d the Town'of�•Ifhaca NOTICE IS HEREBY G VEN .� � � .-a. ��' .r 't` ���'w' {'� '' I that Public �4s v <'.- � ... ..-. ^'�" ? �- > < `^%-m " "Sa,. .gr- � f •?.. rt• F .'✓. A. : J�'•• -t . Ya t..s.1.�a `y♦ ri..�.3 4' �:? fit.♦ .. :._•-• J .A 'i. �) _ 1 a^� -i.. .,.:..� `. ., n++a-w p..j ' r.34. v d a _ 'S.1. ..� •"'«^ri'= x 1. ��� i:'.,, "+Yae y AII �rg.i lA •z`". (' h t CI II •'"a �� 7 �..t! }. Y.�. d• H S ef- 2 . ^ ':.'. ti.T i.+x22a.' ti PTHC•*AI ' tI held -by the Zoning. Board of Appeals ~of -IIsaid ice=yp a i Town of I �_ _ a under. the =kY •.a J-.a.r•ni _' .,-..�,r• •+� '0._..f ." `T' 4xr 4s.-. Yr'•' -I. It_•- ... ` f S�•.b s, u..:+,.}... �r'f :+♦r{.�Y �y{F-4,.�..i 'i...L`e la 'Yw�r'.•• arST.. •w zA"=<+r,{•+•.=_c, ..„ ?.•.- N` -,�� �tkt -.: __ y: 't ,•+d. -+'-c a' 47.7 4«.411 .. Zoning Ordinance of the Town of Itha_ ca on -the 8th day-.-� Sanuary� i�75rf r .:.fi •Sh _M.,. I. .�.x s_ y}•,, V ,....,._ a.-�•' r- 14 r;�r�.�wYi 3.. in the_ Town Offices, 10 W ; I_:.1 _ 8 East Green Street, (third flc Al , Ithlaca, Jt' 2. x .a • ...,. } # : s t9�!-�.,.•"U4" t yi' +ave + 1. _e .,? r. �i+x i* -..♦..`ti Ti .t7�,a' TL �.a.>'..i.. :.?5 hit "'`. T � fr 4T. '�' '.�.. 2 ':...8 - � .mss ,.c..:Y-a�R`i .T3i'.°T�S.�. �� ��'i ••. 'r' -!'a ^cx���� � 2. -..i Icy. .i}�t�'$-Pn��3 h<��,�`,W ♦ ��� �4 York, at the following times and on the:_ followin'�'-s gmattINA L�-�,�`b .. i.r)_.K yar..�;`.uaq._,a".. T' -»•'.c. Ti- ..is.�4A.�`-.-."�.•.nt-+:a tea.. �•1.; _e'-k.Vr :—`.-7R r.e K»♦wy vt..^.. .> ;Y.'�•� •r",.', a < i'"tw_y s'p'• 9.- +� A.~�]S', ."�.:n .. '. �.xt:� _�-.� .i ._^_•- .:�-__.. _..-..-..: a-..S.�-'. :.�r_'�._±t-i^r _. s..t.^.at•ti�.ti:l _-.n.--:-":.hs_..C.': -._.. r:`E-.:..C►r.�'.d=`+`�_.. 'r,9dvt rc.�:, _- .'.--as .+ _t.:.'Ct�i �- 7 : 3 -- 0 P .,y NII at ' b Appea o decision y =`aof` Certif of the _Tow_nI&t Of A. ' s Blvd:_ (Parcel_ r "r, certil ica Inspector 23i Article --V A T ". Appest 'Wit» ector de +, +T r I; WWI AiC wC'�yA..w t .. v' .. W1th the int, _rom th 1yinjl they is y"i.74 z3a:,,,.�' �^♦ •rte' '.: thaca -for-`property_ at 84?=�.'_3ugfiannoack ' :AN:6-25-2-32')', Ithaca, NevNew ork ,« y • •} = - +'•w ••�' .� ra+ z w . r .. -` ^•t. "� 'p' .fir �.. �mpl'3. ce is . denied' by tbe. Buildiina _ . ac {Parcel= NoAI :'b=26=1=26; Jt 4 s y: •.v�.Tj � .C"t t.'' _ -♦6 'i •di. � ,".a. r'�. T ±-+: c•s v».. ^sl r a L ' ;w� _ ' ` of Compliance �is denit A.L * r Article XII, Se41 zr� ction-` III IA Said Board of Appeals wiil at"'said yid �]•< al' � '<. i -4 _ • - •J 7.a !. ` ��J.♦_. W .-r.-? ..•f.•♦•t e. .:.,;`. " r—_;� � X4•....5,)'''^ +tet _-{..x.� -• 'f' t persons ✓in _'supportz of suchx matters Dated :r -+December 31,E � 19.7 S ~Publish• Januar "'....2 7 I -fns f EZI mance with the Zon•ng Ordinance. :Kt ) ♦ - .rw.::4�'Y 'ii ..ti a I:�{d'-. -y[k; -3ti •. ": T.�-. .-e�}Je.de nt 4'♦..sT i,<�=y�^ �•'��t^r—'<. �"a. propertyat 1319•��'=Ienburg Roa .. N. .. , Ell Y L ♦. yl r. vx. 4 t. c: l -:. r -2) Ithaca, New YoIRANI"k Certificate uW I I&I s T� 1. 1-./, « H ixr "+ ir' .✓ q-'[ '♦"1.'/9^J9 -♦t� -• r s " i IN d by ;theY'73uilding Irsp-pctor IIdander i YI 1.W1 NO wAAA. ...++2.1.�.i.�a't'w ..�...�._�: «T_`�._"`w ��3: !!«�...-41'Y :1... y.:a�.. •-.-u_��:..:L'.ti X:cT: Ix L7 'times --and at said p? a��_ het .or:. objections 'tAN hereto:, •.qPe� ` JNIz N t � r s i^a.K�-a•.-.^-s .•.� r,..- _ .--i.. -��` z-:.S't-,.`. �.,: ri r ids q1; . ! rr� a j }�a .a: ^c 4 e '%; ,�lj•4 �C^� . ic�a.F•z?j`�"ey? awr Zence: r abbrc -:-..4..1.e.:-TiJ:.-•Ji -Buiidinq Zrsrzcto=NINO M Extract from Minutes of Planning Board Meeting of December 3, 1974. MOTION by Mr. Robert Christianson, seconded by Mr. Robert Scannell: RESOLVED, that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Zoning Board of Appeals of the Town of Ithaca that a special permit be issued to Chase's Road Stand, Inc. to operate for a period of one year an auction service at the Marshall Farm site now occupied by Chase's Road Stand, Inc. The permit should be subject to review at the end of one year at which time particular attention will be given to the traffic generated by this operation and its impact on the surrouding area particularly Hector Street. It is understood that outside storage of auction goods will be prohibited. The Planning Board suggests that every effort be made to establish the original intended wholesale food operation at this site and that the auction service function be terminated as soon as possible. Aye - Holcomb, Scannell, Harris, Christianson, Baker. Nay - None. Carried unanimously. J CHASE'S R®ADSTAND INC. 1319 MECKLENBURG RD, RECEIVED ITHACA, N.Y. 14850 TEL. ( 607) 273-7250 MAR 5. 1976 TOWN OF I"iNACA Y lie j6q Cc��t.-JtCf�.- � � �-�.Cr)LG'L•Lc.tiL(:.-C-f ' Cc. • i�/L.�L 0/4 ` /l ,-%/° V U V t,--�-ec� .. C �. �i✓!:/�'�e� O tJ�.L 4�✓� G/ /T�cr yl�� '�%� . CHASE'S R®ADSTAND INC. 1319 MECKLENBURG RD, ITHACA, N.Y. 14850 TEL. ( 607) 273-7250 k / •�^/�' L�jj q cel ci / %L� l �- l-( � 4 7d��� Cf C` L .�/; / klL 9Ls 7 / 4( i C tic.. Z` UZ- -C C. / C/ LL c' /, xcZ4 1 �J- Cl� L i V off Ci- L Gc. �VCn T� 40 r' CHASE'S HOADSTAND INC. 1319 MECKLENBURG RD. ITHACA, N.Y. 14850 TEL. ( 607) 273-7250 G >�/ �d,� .�C'-C•` CL- t � c'j� �' � ['J.- Lc-- v � C �/ /= -L h -c,• �c'� (/ `�' fl Y//i1Y/ L(.0/i ✓ ll / �l / 1 C-Gl Cv ; '17' L't J ' / � G' '✓!'�� c ,�.///'j�fes/ �..(�> CL /L ,kA, c CSL (�p�.. •G -:•'L L' 1, 1/~�itti-'L�l�'(�vi•1 Q/3 -t G� (i'� e i 6-�V2 G, .'. c' '�"eLLC� ^' .,ll -4c. � 6 fl UL c_,e_- t'. tiI .` R�U�2N>✓b -TO 5E11 E� W" O SEwEP� Sus ctrl 15 no ilk 4Ard 3ER�y Sb`° BA(L �ia�l OPG rnAtAl ¢ DQ�uEty 6rur MA14 ,❑ }�lbuc � AMBO NrA 144 kid --= sem+ s 4: 0 ft �To C3E E >�Aff EV Ttoo tinder and all buildings and improvements thereon. S V VY qr w V % W TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS FEBRUARY 23, 1976 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 under the Zoning Ordinance of the Town of Ithaca, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following matters: 7:30 P.M. Adjourned Appeal of Leonard Be Liberman.for Boat�Club at East Shore Marina. i$ ' pe 8:00 P.M. 8:30 P.M. Appeal of Chase's Road Stand, Inc., Appellant, from the decision of the Building Inspector denying special approval for the operation of an auction service and dance floor assembly operation at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Permission is denied by the Building Inspector under Article XII, Section 55, of the Zoning Ordinance. Appeal of Glenn L. Hubbell, Appellant, from the decision of the Building Inspector denying permission to operate an antique and second-hand shop and to use buildings for temporary storage of materials and goods for clients on a cash basis at 1319 Mecklenburg Road, Parcel No. 6-27-1-14, Ithaca, N.Y. Permission is denied by the Building Inspector under Sections 19, 51, 53, 54, and 55, of the Zoning Ordinance, Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: February 13, 1976. Publish: February 18, 1976. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MARCH 3, 1976 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 under the Zoning Ordinance of the Town of Ithaca, on Wednesday, the 3rd day of March, 1976, in the Town Hall, 126 East Seneca Street, (second floor), Ithaca, N.Y., at the following times and on the following matters. 7:30 P.M. 8:00 P.M. Appeal of chase's Road Stand, Inc., Appellant, from the decision of the Building Inspector denying special approval for the operation of an auction service and dance floor assembly operation at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Permission is denied by the Building Inspector under Article XII, Section 55, of the Zoning Ordinance. Appeal of Glenn L. Hubbell, Appellant, from the decision of the Building Inspector denying permission to operate an antique and second-hand shop and to use buildings for temporary storage of materials and goods for clients on a cash basis at 1319 Mecklenburg Road, Parcel No. 6 27-1-14, Ithaca, N.Y. Permission is denied by the Building Inspec- tor under Sections 19, 51, 53, 54, and 550 of the Zoning Ordinance. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: February 25, 1976. Publish: February 27, 1976. f TOWN -OF 1Ti IAEA 308 -EAST GREEN ST* Pi RAGA, W Y 14850 DATE: ......... p.......� .f ........._.........._.._...:.... ATTENTION:..._ SUBJECT:._ ._ _...__..._._......................... ._._......_._..._.___......_...,__...... _._W__._..._.___._. DATE:........_.._...__.__....__._....._.._._..._.__._.___.. SIGNED:_,_...__._._..___._...._.._............___....__._........._........._......_._..._._..._._._.._....__._._.__.___ HISTACOUNT CORP.. MELVILLE, N, Y. 11746 FORM NO. SK -1 SENDER DETACH THIS COPY FOR YOUR RECORDS TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS FEBRUARY 23, 1976 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 under the Zoning Ordinance of the Town of Ithaca, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following matters: 7:30 P.M. 8:00 P.M. 8:30 P.M. Adjourned Appeal of Leonard B. Liberman for Boat Club at Pe -d% 73 P East Shore Marina, Appeal of Chase's Road Stand, Inc., Appellant, from the decision of the Building Inspector denying special approval for the operation of an auction service and dance floor assembly operation at 1319 Mecklenburg Road, Parcel No. 6-28-1-26.2, Ithaca, N.Y. Permission is denied by the Building Inspector under Article XII, Section 55, of the Zoning Ordinance. Appeal of Glenn L., Hubbell, Appellant, from the decision of the Building Inspector denying permission to operate an antique and second-hand shop and to use buildings for temporary storage of materials and goods for clients on a cash basis at 1319 Mecklenburg Road, Parcel No. 6-27-1-14, Ithaca, N.Y. Permission is denied by the Building Inspector under Sections 19, 51, 53, 54, and 55, of the Zoning Ordinance, Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: February 13, 1976. Publish: February 18, 1976. %.FROM: TO: "- ` .MESSAGE TOWN OF rrHACA o _ . a 6 ITHACA..14. Y.. 14880 I SUBJECT: DATE:...-_._..-_........._._.__._._......_........._.__._._.. SIGNED: ........................... ..._........ ........... _........... _._........ --...... _._... _-.---._._..._._._..._.....-..._........._..-..._.__......._._..._._...__..-...__.___. ____.___.__ HISTACOUNT CORP.. MELVILLE* N. Y. 11746 FORM NO. SK.1 . SENDER DETACH THIS CORY FOR YOUR RECORDS (Sub -division of:) Marshall Farm, Rt. 79, Town of Ithaca, to be used as follows: 1. All operations will be agriculture oriented. 213 Wholesale produce business. 3. Possible retail produce business; (No road stand of any type to be on the main highway.) 1�. Greenhouse, wholesale operation out of main dairy barn. 5. Grain storage in the grainery. 6. Bulk storage in the pole barnt, 7. Flower business, wholesale out of the milk house. 8, Storage rental of the agriculture items in the hatchery building. 9. Rental of office space if needed,, 10. Rental of two apartments and one tenant house. 11. Large house to be used by one of the owners of the business for his home. 12. Garage use for parking of company equipment. 13. Bull barn to be used for storage of peat moss, marble chips, and stones. lh* Land to be used for nursery stock growing and planting; also for cash crops, such as sw�:et corn, peppers, beans, straw- berries, etc., 15. No live stock of any type will be on the location. 16. No type of light or heavy industry will be preformed from the location. All operations will strickly agriculture in nature. 17. The0are involved *about 13-1L arces, all west of the present location of the building knoTm as the bull barn. The line will run from the center of Rt. 79, south about 6501 to 700' feet, west, about 911' feet, north, about 650' to 700' feet, and east about 911' feet. This property is located about 700' feet west of the rand in the Town of Ithaca, known as the West Haven Road, and once known as Titus Road. h' l� �7 �4a�'LiLL.d. ��, f� 71,11 MARSHALL FARM ON TIEST HILL Mr. Robert Anderson and Mr. W. Burr Chase were present to propose the purchase and subdivision of approximately 14 acres of land on the South side of the Mecklenburg Road only, formerly known as the Marshall Farm, The 14 acres is a part of a total of 125 acres which comprises the Marshall Farm. The proposal includes all of the main farm build- ings. The septic system which is existing and is 62' x 241 x 5° re- quires a little jut into an existing cornfield of 501 x 150, x 50° so that the 14 acre parcel is not quite square. Messrs, Anderson and Chase are proposing a wholesale produce busi- ness. The produce would be mostly grown on the land, but some produce would be brought in such as cantaloupes, avocados, etc. The retailing of produce would continue to be from the Elmira Road outlet _ Chases' Roadside Stand. Mr. Christianson noted that wholesale marketing of Produce does not generate any traffic at all, and even retail would dump very little traffic on Mecklenburg Road, Mr. Scannell asked if this prcnosed use would require a zoning change. Mrs. Holcomb stated that the area is zoned R=s30, but the Marshall Farm has been a legal non -conforming use. Mr. Christianson felt that the area is ideal for this operation. Mr. Scannell agreed, but voiced concern about the zoning question. The matter was discussed=: and the general feeling'was that the Planning Board sees no problem with the use so long as it is legal to change ownership and have the non -conforming use continue. Mr. Fabbron will discuss the question with the Town Attorney and determine whether the ownership change is cogent. Mrs. Holcomb informed Mr. Anderson that both he and his partner are prohibited from adding any buildings. Mr. Anderson stated that he was aware of this regulation and noted that there is an existing house: that has two apartments in it for a total of three units and a tenant house. Apparently the three=unit house and the tenant house were there before the adoption of the Town Zoning Ordinance in 1954. MOTION by Mr. Robert Scannell, seconded by Mr. Robert Christianson. RESOLVED, that the Planning Board of the Town of Ithaca approve and hereby does approve the use by Mr. Robert Anderson and Mr. W. Burr Chase for,an approximately 14 acre portion of the present Marshall Farm, as outlined at this meeting of the Planning Board on August 13, 1974, to include production on site of and wholesale sale of produce and storage of produce purchased in the open market in existing buildings prior to wholesale sale or transfer to retail outlet on the Elmira Road, contingent t�.pon the clarification of the question as to whether a non -conforming use is affected by transfer of ownership. There being no further discussion, the Chair called for a vote. Aye - Holcomb, Scannell, Christianson, Lowe, Baker, Harris, Albrecht, Slack. Nay - None, The MOTION was declared to be carried unanimously. AT a meeting of the Board of Zoning Appeals of the Town of Ithaca, County of Tomp- kins, State of New York, held in the Town Highway Building in the City of Ithaca on April 8, 1963. Present: David F. Powers, Chairman Robert N. Powers William B. Norton William S. Scott IN the Matter of the Application _ _of ORDER WILLIAM LYNCH • GRANTING TRUCKING & EXCAVATING CORP. • VARIANCE To vary the requirements of the Zoning; Ordinance of the Town of Ithaca with respect to the premises on the Meek- lenburg Road, Ithaca, New York. • • An application in the above matter to vary the requirements of the Zoning Ordinance of the Town of Ithaca to build a radio communications tower and equipment house with respect to the property located to the rear of the TRUCKING & Forrest Bakerproperty on the Mecklenburg Road, Ithaca. EXCAVATING New York, having been presented by WILLIAM LYNCHfto the CORP. Board of Zoning Appeals of the Town of Ithaca, and a public hearing by said board having been duly held after published notice at the place stated above on March 11 and April 8, 1963, and consideration having been given to the promotion _of the health, safety, morals and general welfare of the community in harmony with the general purpose and intent of the ordinance and it having been resolved and determined following such hearings that a need for the use in question exists, and that the convenience and prosperity of the community will be served, and further, that the neighboring persons and property will not be adversely affected and sub- stantial justice be done by the entry of this order, it is hereby - ORDERD' that the variance applied for be granted. avcto David F. Powers, Chairman Dated: Ithaca, New York April 8, 1963.