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HomeMy WebLinkAboutZBA History Combined (70) Zoning Board of Appeals History as of 31.-4-2 704 Five Mile Drive Tax Parcels involved, with address if known: Current 704 Five Mile Drive 31.-4-2 with no subdivisions or readdressing. History: 1995 – Sign Variance - Approved 1995 – Use Variance for adult residential care facility - Approved TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , JULY 12 , 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 , July 12 , 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 Bradley Corbitt , Appellant , Michael Moseley , Agent , requesting authorization by the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance to be permitted to construct an enclosed walkway on the north side of a non- conforming building / lot at 907 Taughannock Boulevard , Town of Ithaca Tax Parcel No , 25 - 2 - 10 , Residence District R- 15 . Said building is non- conforming since it is , among other items , 8 + feet ( 15 foot setback required ) from the north side property line . Appeal of Denmark Development Inc . / Bridges of Ithaca , Appellants , Elizabeth and Patricia Classen , Agents , requesting a variance from Section 4 . 01 - 1 of the Town of Ithaca Sign Law to be permitted to place a sign 10 square feet in area ( maximum 4 square feet allowed ) , stating " Bridges of Ithaca " at 704 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 - 4 - 2 , Residence District R- 301 Appeal of M . Susan and Scott Hamilton , Appellants , requesting a use variance from the requirements of Article XII , Section 34 of the Town of Ithaca Zoning Ordinance to be permitted to maintain a truck rental service at the Judd Falls Plaza , 12 Judd Falls Road , Town of Ithaca Tax Parcel No . 62 - 1 - 3 . 2 , Business District C . A truck rental service is not allowed in a District C zone . Appeal of Cornell University , Owner , Scott Whitham , Agent , requesting a special approval from the Zoning Board of Appeals under Article V , Section 18 of the Town of Ithaca Zoning Ordinance to be permitted to make parking and site improvements at 120 Maple Avenue , Town of Ithaca Tax Parcel No , 63 - 1 - 5 , Residence R- 30 . The project will take place virtually in the City of Ithaca , with a small portion of the site work occurring in the Town . 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 : June 30 , 1995 Publish : July 7 , 1995 Town of Ithaca 2 Zoning Board of Appeals July 12 , 1995 Mr . Stotz asked if there had been any reaction from the neighbor on the north side . Mr . Moseley said there has been no reaction at all . Mr . Frost stated that the neighbor has been residing for the last month in Alabama . He would have received a notice at the Ithaca address . Mr . Moseley added that he believed the neighbor was going to be at the present meeting because his addition is on Bradley ' s line , it actually crosses the line . He also added that he believes there are also some water problems . Vice Chairman King asked where the stairs will start in relation to the existing chimney . Mr . Moseley replied about 2 ' west of the chimney . Vice Chairman King asked if that is toward Taughannock Boulevard . Mr . Moseley replied yes . He continued by saying that they will be putting in a doorway where there is presently a window so they can exit the house , go down the stairs and back in the basement . Vice Chairman King asked if it will be totally enclosed . Mr . Moseley said yes . There will be a door on the west side so one can enter if he / she wishes . Vice Chairman King asked Mr . Moseley if he is saying that the north side of the new addition will , at its closest point , be 8 ' from the common property line . Mr . Moseley answered affirmatively . He added that the far end of the addition will be at 15 - 20 ' because the property line goes a certain way and the addition goes straight down as shown on the drawing . Vice Chairman King opened the public hearing . With no one present to speak , the public hearing was closed . ENVIRONMENTAL ASSESSMENT Vice Chairman King asked Mr . Kanter to give the Board his highlights of the environmental assessment review . Mr . Kanter stated that the assessment was prepared by JoAnn Cornish , and it seems that most of it is descriptive . Under C2 , JoAnn does indicate that the proposed staircase appears to be in character with the existing structure . He added that JoAnn goes on to mention that there are a number of non- conforming building lots with structures located within setbacks in that area . The property to the north will be somewhat changed by the proposed addition by vegetation and topography . JoAnn also mentioned that the property to the north has a patio and deck on the north side of their property . This means their outdoor living space is actually opposite the proposed staircase . Vice Chairman King asked if that means immediately opposite . Mr . Kanter said it means on the other side , so they would not even see the staircase from their outdoor living space . Mr . Kanter said they recommend a negative determination of environmental significance for the action proposed . Vice Chairman King asked for any questions / comments . He then asked for a motion on the environmental assessment . MOTION by Mr . David Stotz , seconded by Mr . Pete Scala . RESOLVED , that the Zoning Board of Appeals adopt the findings of the Town of Ithaca Planning Department and , accordingly , make a negative declaration of environmental significance for the proposed action of the appeal of Bradley Corbitt , requesting to be permitted to construct an enclosed walkway on the north side of the building lot at 907 Taughannock Boulevard , even though such proposed action would result in reducing the north side yard by an additional 5 ' . Vice Chairman King then asked for a vote on the motion , which resulted as follows : AYES - King , Ellsworth , Scala , Stotz . NAYS - None Town of Ithaca 3 _ - Zoning Board of Appeals July 12 , 1995 The motion was carried unanimously . Vice Chairman King then reiterated that the lot is non- conforming because the side yard is not within the required 15 ' criteria . He then asked for a motion on the appeal . MOTION by Mr . Pete Scala , seconded by Mr . David Stotz . RESOLVED , that the Zoning Board of Appeals approve the request of the appellant , Bradley Corbitt , of 907 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 10 , District R- 15 , with the following findings and conditions : 19 The current structure of the house is somewhat unsafe with the small stairway , and this will provide a safer means of exit for both the upstairs and downstairs . 1 . 2 . There is no other practical location in which to place the stairway . 30 The view of the neighboring property is not impeded in any way . 4 . There will be an 7 ' 6 " clearance , at its nearest point , between the house and the north property line , within which will be the enclosed walk . 5 . Upon completion of the construction , a licensed surveyor will provide a survey showing the dimensions . Vice Chairman King asked for a vote on the motion , which resulted as follows : AYES - King , Ellsworth , Scala , Stotz . NAYS - None . The motion was carried unanimously . The second appeal to be heard by the Board was as follows : Appeal of Denmark Development Inc . /Bridges of Ithaca , Appellants , Elizabeth and Patricia Classen , Agents , requesting a variance from Section 4 . 01- 1 of the Town of Ithaca Sign Law to be permitted to place a sign 10 square feet in area ( maximum 4 square feet allowed ) , stating "Bridges of Ithaca" at 704 Five Mile Drive , Town of Ithaca Tax Parcel No . 31-4-2 , Residence District R-30 . Ms . Elizabeth Classen stated that they would like a sign variance approved at this time . They would like the sign to be larger than what is presently allowed . The total square footage they are asking for is 10 . 35 ' on the sign that faces Five Mile Drive , and 10 . 6 ' on the sign that will be facing Bostwick Road . Vice Chairman King asked about the difference in sizes - - he thought they were identical . Ms . Classen said it is because the " Assisted Living for Seniors " sign is a little bit longer than " 704 Five Mile Drive . " She referred the Board to a drawing in order to inspect the signs . One sign has more wording . Mr . Scala then asked if the sizing includes the posts . Ms . Classen stated that it does not . She continued by saying she is sure the Board is aware that the Classens have already presented this before the Planning Board . They did things in a different order than is done normally . Mr . Scala pointed out that the appeal states 10 square feet , but the drawing shows 12 . 5 square feet . Ms . Classen said that the information that came to the Board is wrong . Someone did not write in the total square footage . Town of Ithaca 4 Zoning Board of Appeals July 12 , 1995 Mr . Frost clarified by saying that the lower sign doesn ' t count . The Sign Law permits there to be a sign that indicates the property number . In his notice , he excluded that lower sign . He basically squared off the upper panel that says " Bridges of Ithaca . " He also stated that his notice isn ' t written perfectly clear . The Sign Law only permits one sign for a permitted use in a residential zone . They ( the Classens ) are , of course , proposing two . He added that , in business zones , a corner property is allowed two signs . That might be something the Board wants to consider in granting this variance . This is a corner property . For residential districts , corner properties are not allowed two free - standing signs . Mr . Scala asked why the sign is so much bigger than what is allowed . Ms . Classen informed the Board that it was designed bigger than what is normally allowed because they wanted to have a little better visibility of the sign in order that passers - by will be able to see it . The speed limit at that spot is 45 / mph . People usually go a little bit faster and , typically , the people that will be going by will be elderly folks who are coming to visit their friends . She continued by saying that it has been their experience , from the Jacksonville Evergreen Home , that 98 percent of all the visitors are in their late 70 ' s , 80 ' s and 90 ' s . They just felt a larger sign would be better and more visible for their visitors . Mr . Scala asked Ils . Classen if they had also requested a larger than normally allowed sign at another facility . She agreed . Vice Chairman King stated that it makes sense . On a 45 / mph road , when people are looking for a specific place , there isn ' t much time to find the address when driving by . Ms . Elizabeth Classen said that 14s . Patricia Classen brought up a good point when she said , that the allowable 4 square feet sign , in proportion to the building , would not be aesthetically proportionate . She asked that the Board also consider that fact . The sign they are now asking for won ' t be an outstanding fixture in relation to the size of the building . Vice Chairman King asked if the maximum height above ground is 6 ' . Ms . Classen responded affirmatively . Mr . Stotz asked about the size of the sign on Trumansburg Road , Ms . Classen said it is under 6 ' . They did not go over G ' , and they wanted it a little more into the ground . After looking at it , they decided it should have been sunk into the ground a little more . She believes it ' s about 5 - 5 . 5 ' . Mr . Stotz then asked about the width of the sign . Ms . Classen asked him if he meant the Classen Home Health sign . He said he did . Ms . Classen stated that it ' s about 9 square feet . Mr . Scala asked if the new sign would be about the same color as the other signs . Ms . Classen said they have not yet decided on the colors , but it will be gold leaf in lettering with a dark color for a background . The same designer will be used . It will be a wooden , carved sign , as is the sign at Classen Home Health . Mr . Stotz asked if the sign will be lit at night . Ms . Classen replied that they would like it to be lit at night . They believe that is very crucial , especially for the evening visitors , for identifying the facility . Mr . Stotz asked if they planned on having lights on the ground to provide the sign lighting . Ms . Classen stated that is probably what they would do . Mr . Stott then asked if the neighbors are aware that the sign will be lit at night . Ms . Classen replied that the neighbors know exactly what the sign looks like and how large it is . As they were going around to collect signatures , the neighbors were shown the sign . As far as being lit at night , she indicated that it never occurred to them to talk to the neighbors about that . Ms . Patricia Classen stated that the Shipmans would be the ones affected by that . Ms . Elizabeth Classen agreed with that . She then said that the Shipmans are right across the street from the facility . She then said that Mr . Bacon keeps those lights on all night long . Every window Town of Ithaca 945 , Zoning Board of Appeals July 12 , 1995 presently has a light in it and so she does not anticipate any problems from the neighbors . She added that the Shipmans have been very supportive and they are the people mostly affected by the facility . fir . Frost asked if any part of the application stated that there would be an illuminated sign . Ms . Classen said no . Mr . Frost said they have Section 3 . 02 - 1 of the Sign Law that talks about signs that may be put up in a residential district without a permit . There ' s a line there that says " one wall sign , as needed to identify the buildings or activities of houses of worship , libraries , museums , nursing homes or similar institutions and one free - standing sign on the premises , not to exceed 24 square feet , nor to be greater than 6 ' in height . " The beginning of the paragraph talks about the fact that those signs may be put on the property without a permit if they are not self - illuminated . He then asked if the signs the Classens propose will be self - illuminated or if they will have indirect lighting . Ms . Classen stated that it would be indirect lighting . Mr . Frost stated that he believes a definition of self- illumination would be a back- lit sign . Ms . Classen said a neon sign would be considered self- illuminated . Mr . Frost suggested , for the purpose of the hearing , that one of the signs is a permitted sign and one requires a variance . Attorney Barney ( after looking up the definition ) stated that a self - illuminated sign is an internally- illuminated sign with graphics displayed on a translucent face . Ms . Classen said she is curious about the 24 square feet . What sign is that allowed on? Attorney Barney replied that it is allowed on one free - standing sign . Vice Chairman King asked if the sign would be parallel to the road . Ms . Classen said it would be perpendicular to the road because the house is situated so close to the road . The sign that would be facing Five Mile Drive would have to be perpendicular because of the road being so close to the house . Vice Chairman King said it would be a two- faced sign in order to be seen from either direction of road travel . The sign that faces Bostwick Road would be parallel . Mr . Scala pointed out that the drawing also shows that sign as being perpendicular . Ms . Patricia Classen stated it was in question due to the fact that the landscape architect wanted to fit the sign in with the landscaping on the Bostwick Road side . Mr . Scala asked if there is something in the Sign Law concerning parallel versus perpendicular . Vice Chairman King replied there is not . It ' s all a matter of obstruction , etc . Mr . Frost said the talk about the non-permitted sign does not go into location detail . Where they get into the free - standing permitted sign , they are looking at being located between a sidewalk and a street , no closer than 2 ' from the sidewalk or 3 ' from a building or structure , and not closer than 15 ' from the side lot line . Ms . Classen indicated that she needs to make a correction . Both signs would be perpendicular . Mr . Scala pointed out that the only concern would be the distance from the edge of the road . It now shows 16 ' to the center of the sign from the edge of the road . Mr . Frost said that is true for Bostwick Road , but it doesn ' t appear to be the case on Five Mile Drive . Ms . Patricia Classen stated that it measures 33 ' from the middle of the road on Bostwick Road , Mr . Kanter pointed out that one of the Sign Review Board conditions is that the sign on Five Mile Drive be relocated so as not to encroach upon the road right- of - way . On Five Mile Drive , the road right- of -way actually goes. almost all the way up to the porch of the house . Vice Chairman King added that it might , therefore , be an impossible condition . TAn of Ithaca 6 Zoning Board of Appeals July 12 , 1995 Mr . Stott asked what is the rationale for having it outside the road right- of-way . Mr . Kanter , said it would probably require some sort of special approval from the State Highway Department to install a sign . Mr . Stotz reminded Ms . Classen that the sign on Trumansburg Road encroaches on the road right- of -way . He asked if she had to , at that time , get permission from the State . Ms . Classen responded no , they did not . Mr . Stotz continued by saying that , if he is understanding correctly , you can do that - - it ' s just at your own risk . If the State comes along and decides to do something with the right- of -way , you lose your sign . Ms . Classen agreed and said that is what was decided at the last meeting . She just needed her memory refreshed . Her understanding is that , if the State should need to do something with the right - of -way , it would be at the Classen ' s expense to move the sign . Mr . Frost stated that they have made a point of keeping the signs off the pavement , but he ' s not so sure the ordinance actually regulates it from being in the road right- of- way . Perhaps it should , but it doesn ' t . Air . Stotz noted that if the Classens are willing to accept the risk of losing the sign , it shouldn ' t be an issue , unless it ' s an obstruction to traffic or if it should be a garish sign that would make the road unsafe . Air . Scala noted that the drawing shows an 8 ' setback but he ' s not too clear whether it ' s to the center of the sign or to the edge of the sign . That would make a difference . He asked Ms . Classen if she knows . Ms . Classen stated that it would be , she believes , to the center of the sign . Mr . Scala said that means the edge of the sign is going to be about a 5 ' setback . Mr . Stotz asked if there is going to be an entrance on Bostwick Road . Ms . Classen answered affirmatively . Vice Chairman King asked if this is the main entrance . Ms . Classen responded yes . Mr . Stotz assumed they want to put that sign there because it ' s near the driveway but , since this is a triangular- shaped piece of property and he believes they are putting in some screening , some shrubbery , would it make any sense to put in a single sign at the corner of the property? It would then be set in from the right- of -way . Ms . Classen said that you can ' t really see anything until you are almost right on the house because of the spruce . She thinks the sign at the corner could be an idea . She prefers that it mark the main entrance . Mr . Kanter noted that another consideration is that the intersection at Bostwick and Five Mile Drive is being reconfigured by the County . He ' s not sure what ' s happening with that . Sometime in the fall it will become somewhat more of a straight intersection . Vice . Chairman King stated that it ' s a good idea to have a sign on each road so people coming from either direction have enough time to see they are at the place they are looking for . Mr . Kanter said he has no problem from an aesthetic or visual viewpoint . He wonders if there is any problem in considering the Planning Board ' s recommendation for where it is . Vice Chairman King asked for the Planning Board ' s recommendation . Air . Stotz added that if you put the sign outside of the right- of-way , the sign would be inside the building . Mr . Scala asked if the right- of -way is a total of at least 30 ' . Vice Chairman King said it varies with the lot . The State usually claims 66 ' . Mr . Scala explained that what he is getting at is the edge of pavement doesn ' t really mean anything . Mr . Scala asked where is the edge of the property . Mr . Frost said there is a survey map upstairs from when they got the approval at the last meeting to have a building . His recollection is that the property line , or right- of -way line , is 9 ' from the front porch facing Five Mile Drive . Mr . Stotz ' s personal opinion is that it doesn ' t make much sense to put a sign of that size that close to the building . As you Town of Ithaca 7 Zoning Board of Appeals � July 12 , 1995 push the sign back to clear the right- of-way , you have a big sign that ' s crowding right against the building . Mr . Frost stated that the Turback sign is in a similar position . Ms . Patricia Classen said there was some concern about not having the sign too close to the well . There ' s been some confusion concerning the location . Mr . Scala asked if they have a landscape artist . Ms . Classen replied yes and he ' s going to help place the sign , especially on the Bostwick Road side . Attorney Barney stated that the Planning Board wanted to make sure the historical sign is not obliterated . Vice Chairman King asked if there is a historical sign there now . Its . Elizabeth Classen replied no , there is not . There is a sign that says " Old Hundred . " It ' s not deemed an historical site , but it is in their eyes . Vice Chairman King asked where that sign is located . Ms . Classen said it is shown on the map as " existing sign and post . " They plan to take that sign and mount it in the home and have a little blurb about the history of the home , etc . Vice Chairman King asked if there were any more serious questions . There were none . He then opened the public hearing . With no one present to speak , the public hearing was closed . ENVIRONMENTAL ASSESSMENT Vice Chairman King noted that the environmental assessment is informational only . He read the letter dated June 14 , 1995 from the Tompkins County Planning Department . Mr . Scala said he notices that the last line on C2 recommends that the sign on Five Mile Drive be relocated so as to not encroach upon the road right- of-way . Vice Chairman King told him that it seems to be an impossibility , unless they put it on the roof of the building . It ' s a nice idea but , for this particular location , it doesn ' t seem to be feasible . Mr . Scala said they could put it right by the porch , they have 5 ' . Vice Chairman King informed Mr . Scala that it wouldn ' t do them any good ; you have to be able to see the sign from the highway . Mr . Scala stated that he understands the significance of the sentiment that a sign that size interferes with the view of the corner when it ' s close to the road . Vice Chairman King said that is not necessarily true . Mr . Stotz said it may interfere with the view of somebody approaching Five Mile Drive from the west . Someone may look toward the north to see if there was anything coming down Bostwick Road . The sign could potentially interfere with that view . Mr . Scala said that if you put the proposed sign where the existing sign is , or nearby , then it ' s going to interfere with the view , just like the recommendation says . Ms . Patricia Classen noted that the elevation of the ground is very much steeper where the existing sign is . It sits up on a hill , so the road is down three or four steps and the sign is up level with the house . Mr . Frost noted that the existing sign is much smaller than the proposed sign . Ms . Classen agreed with that . Mr . Stotz noted that the proposed shrubbery and spruce tree would eventually grow to a height that would also impede the view . Mr . Kanter added that the spruce tree that is currently there is in poor health and will be removed soon . He doesn ' t necessarily recommend taking it out , but it will probably have to happen due to its poor health . Mr . Frost addressed Mr . Scala and said if the Board determines that this is a legitimate issue , and grants an approval with the condition that the Highway Superinten- dent or someone agrees , the matter would be settled . Ms . Elizabeth Classen noted that if the Highway Department determines the sign needs to be moved , they will agree to that . Mr . Frost indicated that his office could communicate with the proper person to let him know what is going on . Attorney Barney said that he doesn ' t think this is a type 2 action . : Tim of Ithaca 8 Zoning Board of Appeals July 12 , 1995 Vice Chairman King asked for a motion on the environmental review . He added that it ' s important to point out the fact that the character of the neighborhood is quasi - commercial , with governmental trucks , school buses , Town Highway Barns and it is not in a 100 percent residential neighborhood . There is a cemetery to the north . There are a few single - and multi - family homes in the area , but the applicants seem to have written approval from most of the neighborhood up and dorm the road for this project . LOTION By Mr . Pete Scala , seconded by Mr . David Stotz . RESOLVED , that the Zoning Board of appeals make a negative declaration of environmental significance as to the proposed request for putting in two signs at the Bridges of Ithaca , Denmark Development , Inc . , at the corner of Bostwick Road and Five Mile Drive . Vice Chairman King asked for a vote on the motion , which resulted as follows : AYES - Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . Attorney Barney made the point that the variance is really a variance to have a second sign . They are allowed one sign already . Mr . Scala said there are two points : one is the size of the signs , the other is the fact that they want two signs . Attorney Barney noted that they are permitted to have in a residential zone one sign , free - standing , 24 square feet in size . He agrees with Mr . Frost that this is close enough to being a nursing home so as to fall into the same category , which is covered under the Sign Law . You are not , however , allowed to have a second free - standing sign . The variance would really be to permit the construction and erection of a second sign . Mr . Frost stated that the law exempts them from one and requires a permit for. the other . He sees the sign on Five Mile Drive as being the one that needs the variance . Mr . Scala noted that the Notice of Public Hearing refers to a maximum of 4 square feet . Mr . Frost agreed and added that is what you can have for a maximum size for a permitted use in a residential zone , which they are . Then they have the exempt sign on Bostwick Road and the Board is not dealing with that issue . The street number below the exempt sign is also clearly exempt . As he sees it , the only issue is the other sign . Attorney Barney stated that what Mr . Frost is doing is salvaging his Notice and making it clear . Attorney Barney suggested a resolution that states that the Board grants a variance for the erection of a second sign , no larger than 10 square feet facing Five Mile Drive . Ms . Elizabeth Classen said they have to redesign the sign so that it is 10 square feet . Is the Board saying that the small sign hanging below does not count? Attorney Barney said it is exempt due to the fact that it contains the address . Vice Chairman King then asked for a motion on the appeal . MOTION By Mr . David Stotz , seconded by Mr . Pete Scala . Town of Ithaca 9 Zoning Board of Appeals July 12 , 1995 RESOLVED , that the Zoning Board of Appeals grant the appeal of Denmark Development , Inc . / Bridges of Ithaca , requesting a variance from Section 4 . 0 - 1 of the Town of Ithaca Sign Law , to be permitted to place a second sign on Five Mile Drive , in a size not to exceed 11 square feet , with the following conditions : 1 . The sign be placed on the recommendation of the Town Highway Superintendent . 2 . The sign be constructed in a way that is in keeping with the character of the building in accordance with the submitted plans . 30 The sign not be self- illuminated , but be indirectly illuminated only at night . Vice Chairman King asked for a vote on the motion , which resulted as follows : AYES - Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . The third appeal to be heard by the Board was as follows : Appeal of M . Susan and Scott Hamilton , Appellants , requesting a use variance from the requirements of Article %II , Section 34 of the Town of Ithaca Zoning Ordinance to be permitted to maintain a truck rental service at the Judd Falls Plaza , 12 Judd Falls Road , Town of Ithaca Tax Parcel No . 62 - 1 - 3 . 2 , Business District C . A truck rental service is not allowed in a District C zone . Vice Chairman King asked Mr . Hamilton if this appeal is in connection with the running of a hardware store at the Judd Falls Plaza location . Mr . Hamilton answered affirmatively . His address is 201 Christopher Lane , Town of Ithaca . He is the owner of that property . He is asking for the variance for his own property and to enable one of his tenants , Judd Falls Hardware , to conduct the actual business of the truck rental service . He believes the Board is in receipt of the recommendations of the Planning Board , including plans and diagrams . He indicated he would be happy to answer any questions the Board may have . Mr . Hamilton reiterated that he is appearing to receive a variance to allow them to conduct an activity that is currently not permitted under Section 34 , Vice Chairman King noted that it ' s a business C zone . He continued by saying that the application was to permit the operator to have one small truck up near the hardware store . He then asked if that would be on the east side of the building , facing close to Judd Falls Road . Mr . Hamilton answered affirmatively . Vice Chairman King asked Mr . Hamilton if he had given any thought to placing it on the north side . Mr . Hamilton replied that the reason they chose the east side is because it ' s in closest proximity to the store for purposes of handling . It ' s merely being used as a return spot and also for advertising purposes . Primarily , it would be assigned as a return portal for rental trucks . The suggestion was initially made to keep all the activity in the rear of the property , but that creates % some problems from an administrative standpoint for the store . In order to do that , they would have to have another person placed out back . Vice Chairman King asked if that store was on the northeast corner of the building . Mr . Hamilton answered yes . Vice Chairman King then asked if they had access to a back door out to the westerly part of the property . Mr . Hamilton said that is correct . Vice Chairman King asked how many people are generally in attendance at the store . Mr . Hamilton replied that currently there are two . It ' s a husband and wife , who are present at the meeting - - Bonnie and James Warren . Sometimes there is only one person f FT7T7]= Town Assigned Project 10 Number 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 A pplicant or Project Sponsor) 1 . AppllcantlSponsor. 2 Project Name: Denmark Development Inc . Bridges of Ithaca 3. Precise location (street address, road Intersections, prominent landmarks, etc. or provide map): 704 Five Mile Drive Tax Parcel Number: 31 - 4 — 2 4. Is proposed action: NEW? EXPANSION? X MODIFICATION/ALTERATION? X 5. Describe project briefly: (include project purpose, present land use, current and future construction plans, and other relevant items): See explanation of project , site plan , survey and application ( attached ) (Attach separate sheet(s) If necessary to adequately describe the proposed project.) 6. Amount of land affected : Initially (0-5 yrs) Acres (6-10 yrs) Acres (> 10 yrs)2 • 74Acres _ 7. How Is land zoned presently? IL Will proposed action comply with existing zoning or other existing land use restrictions? YES NO X If no, describe conflict briefly: Zoning variance received 5 / 10 • g. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewed YES NO _ X 10. What Is the present land use In the vicinity of the proposed project? Residential X Commercial X Industrial Agriculture Park/Forest/Open Space Other X Municipal S e ry 3 c e s Please Describe: Mixed use : multiple residence ; municipal services ; residential 11 . Does proposed action Involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES X NO It yes, list agency name and permlt/approvaUfunding : New York State Department of Social Services - permit or license 12 Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permlttapproval. Also, state whether It will require modification. CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Spo Name (Print or Type DenmarX Development Inc . Signature : f ate : 5 / 25 / 95 Rev. 8/92 rioLl V, oto At U1 A ?�(u & PART 11 - 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 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 IL 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 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 - 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 V— If yes , explain briefly: See attached . E. Comments of staff CAC 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 slgnlflcant. Each effect should be assessed In connection with Its (a) setting (le. 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 Identlfled 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 Zoning Board of Appeals Name of Lead Agency ceparer's Signature ( If different from Responsible Officer ✓ P oNO Edward T„ _ , Chairman Title of es onsible Officer in Lead Agency Signature of Contributing Preparer 114Z Qm� Date : _ Signature of Responsible 1P ffi er in Lead Agency f , PART II - Environmental Assessment - Site Plan Approval and Recommendation on Sign Variances Bridges of Ithaca Denmark Development, Inc., Applicant 704 Five Mile Drive Town of Ithaca Planning Board 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? No significant impacts to air quality, water quality or quantity, noise, potential for erosion, or flooding problems are anticipated. Proposed action is site plan approval for the proposed Bridges of Ithaca, an adult residential care and adult day care facility, in an R-30 Residence District. A use variance for the proposed use was granted by the Zoning Board of Appeals on May 10, 1995 , conditioned on the applicant obtaining site plan approval from the Planning Board. The proposal consists of conversion of an existing 2212 +/- square foot single-family residence and construction of a 3956 +/- square foot addition on a 2.74 +/- acre parcel. In addition , two freestanding signs, one fronting on Bostwick Road, the other fronting on Five Mile Drive, are proposed to identify the Bridges of Ithaca facility. The signs would require variances from the Zoning Board of Appeals. Both signs would be approximately 12. 35 square feet in area, exceeding the maximum of four square feet allowed in residential districts . Only one freestanding sign is allowed in residential districts, where two are proposed. The sign proposed along Five Mile Drive would also be located within the road right-of-way. A brook is situated along the southern property line of this site. The proposed addition would be approximately 149 feet to the north of the brook, buffered by existing trees and a lawn area. Existing traffic patterns will be somewhat impacted. The adult residential care facility, as proposed, would provide long term residential care including room, board, housekeeping, activities and supervision for 12 to 15 residents. In addition , an adult day care service is being proposed for approximately 10 non-residents of the facility which includes personal care and supervision for a period not to exceed 24 hours. Anticipated vehicle ownership for residences is expected to be low. However, the adult day care in conjunction with the proposed number of employees can be expected to generate additional traffic. Employee and resident information was supplied by Patricia Classen on May 4, 1995 in a telephone conversation . According to Ms. Classen, there will be three shifts in a 24 hour period, seven days per week. They are as follows: Four employees will work the 8 a.m. to 5 p . m. shift, two employees will work the 5 p. m. to 9 p .m. shift and two employees will work the 9 p.m. to 8 a.m. shift. This will generate approximately 25 vehicular trips per day, seven days per week. 704 Five Mile Drive Page 2 Family visitation to the residents can be expected on Saturdays and Sundays. This will generate approximately 28 trips on the weekends (divided over the two days) in addition to the 25 trips generated each day by employees. Solid waste can be expected to increase somewhat with the addition of the proposed project, as compared to the existing single-family residential use. The applicant estimates the generation of approximately 100 pounds per week of solid waste. C20 Aesthetic , agricultural, archeological, historic , or other natural or cultural resources , or community or neighborhood character? No significant impacts to aesthetic, agricultural, archeological, historic , natural or cultural resources, community or neighborhood character are anticipated. The surrounding neighborhood is mixed use. The Ithaca City School Bus Garages, the Tompkins County Highway Barns, single family residential, multi family residential, the Lehigh Valley Railroad and the Catholic Cemetery, among others , are examples of the surrounding land uses in this area. In addition, the property in question abuts Town of Ithaca parkland, which was recently acquired from Ephraim Tomlinson as part of the Glendale Farm Subdivision. The house in question, owned by Ralph E. Bacon , has been a single family home for at least 50 years and may have been used as a restaurant prior to that time. This home, known as " Old One Hundred, " is one of the oldest and largest in the neighborhood, and was constructed in the "Greek Revival " style. While the house has a distinctive architectural character, it is not currently listed on the New York State or National Register of Historic Places. The proposed renovations could allow the building to maintain its integrity, while providing a service to the community which is not in conflict with surrounding uses. It should be recognized that the proposed addition will substantially increase the developed portion of this site, and should be designed in a manner that will be compatible with the architectural style and character of the existing house. The proposed signs, while exceeding the maximum size requirements of the Town of Ithaca Sign Law, appear to be designed in a manner that will be compatible with the character of the existing house and surrounding area. It is recommended that the proposed sign along Five Mile Drive be relocated so as not to encroach upon the road right-of-way. C3 . Vegetation or fauna, fish, shellfish or wildlife species , significant habitats, or threatened or endangered species? No known rare, threatened, or endangered species, or significant habitats exist at the site. However, three very large maples will have to be removed (a 34" diameter maple, a 14 " & 16 " diameter double maple and a 32 " diameter maple) in order to build the addition . Staff suggests that the applicant take care to preserve as much of the mature vegetation on the site as possible, as the existing vegetation is an integral part of the character of the site and should be preserved. C46 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? 704 Five Mile Drive Page 3 This project presents no significant impacts to the Town ' s existing plans. See C5 for changes in use and intensity of use. The Town of Ithaca Comprehensive Plan (September 1993) designates the site and surrounding area as " Suburban Residential, " which recommends housing densities in the range of one to five housing units per acre. C50 Growth , subsequent development, or related activities likely to be induced by the proposed action? The residence will change from a single family residence to a 12 to 15 bed adult residential care facility with up to 10 additional persons in the adult day care program. Changes will also occur with the proposed addition for associated offices, cooking and dining facilities, common rooms, outdoor sitting and recreational areas, among others, as well as proposed site modifications including parking and increased pavement for drop-off and pick- up, increased traffic from employees, residents, resident visitors , deliveries to the building, and other associated uses. C6. Long term, short term, cumulative, or other effects not identified in C1 -05 ? Refer to C5 above. C7 . Other impacts (including changes in use of either quantity or type of energy)? Some increase in energy consumption can be expected with the proposed addition and usage of the site. 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 Planning Board Reviewer: Jonathan Kanter, Town Planner Review Date : June 27 , 1995 C:V devrevs\lminors\brdgs.EAF TOWN OF ITHACA FEE : $ 80000 126 East Seneca Street RECEIVED : 3 Ithaca , New York 14850 CASH ( 607 ) 273- 1783 CHECK S I G N 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 : Erect a posted sign in the front . yard , and side yard identifying the building at 704 Five Mile Drive Town of Ithaca Tax Parcel No . 31 - 4 - 2 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 ) 4 01 - 1 , of the Town of Ithaca Sign Law , Local Law No . 6 - 1980 , the UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the Appeal , affirms that strict observance of the Sign Law would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : ( Additional sheets may be attached as necessary . ) See Attached Explanation The attached Exhibit " A " is site plan showing location of signs in relation to building and roads , made to scale . The attached Exhibit " B " is graphic design of the signs and measurements . The attached Exhibit " C " is a petition signed by neighbors indicating their acknowledgement and approval of our proposed sign . 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 inspec n connect ' on with my application . Signature of Owner/Appellant : / fJ.�erw Date :Y/, 9,5� Signature of Appellant /Agents Date * Print Name Here : Elizabeth Classen / Patricia Classen Home Telephone Number : 277 - 1342 ( 607 ) 277 - 1342 Work Telephone Number : Explanation The proposed sign is larger than the four ( 4 ) square feet presently allowed under the Town of Ithaca Sign Ordinance Section 4 . 01 - 1 , being Local Law No . 6 - 1980 . The request is to have a sign of such a size as to be able to be visible to the fast moving traffic along S Mile Drive for persons seeking to locate Bridges of Ithaca , Assisted Living for Seniors . The proposed sign will not impede driver visibility of S mile drive , but will be large enough to allow drivers to see it further down the road in time to slow properly . The current sign size limitation is a unnecessary hardship given the need to locate the residence by older divers visiting the residents and independent daycare participants . It could cause unnecessary traffic delays to the general public if the current size sign was used , in that it would not be visible enough from the road to be of assistance to drivers . To relocate and enlarge the signs as proposed in the Exhibit ' s will allow the landscaping to remain undisturbed and still allow the sign to be visible to the public . The four ( 4 ) square feet sign is impractical at this site ' s topography and location . The purpose of the sign ordinance is to maintain aesthetic values and this is best done by not disturbing the vegetation and the creation of a sign that blends well with the surroundings regardless of size as this proposed sign will . The entering or exiting vehicle will be clear of obstruction concerns and yet allow entering vehicles to approach with fair notice of the exit , in effect being a decorative and attractive entrance sign . I The safety issue , as well as need to alert driver to. the location of the assisted living site , make it beneficial to have a sign of this proposed dimension and without which would create a practical difficulty . If limited to the four ( 4 ) square feet the sign will lack the visibility to give prior notice for safe exits off 5 mile drive and from the business point of view will not allow the public to make eye contact enough to make clear the nature of the building . The landscaping is protection for the building ' s privacy , but also a bar to public knowledge of its location or existence without a sign sufficient in height and width to be readable at a distance . Based on this practical difficulty and hardship created by the limits of sign size here , applicant requests permission to vary the size of the sign to conform to Exhibit " B " at the location shown on Exhibit " A " as being not only a practical difficulty , but a necessary need given the topography and use of the premises . Note : We have knocked on doors and visited with neighbors to gain approval of our proposed sign at the time of gaining support for zoning approval . Respectfully submitted , Patricia and Elizabeth Classen �VI► ,1 Classen Home Health ASSOCIATES , INC . May 26 , 1995 Mr . Andrew S . Frost Edward Austen Building Inspector Chairman of Board Zoning Enforcement Officer of Zoning Appeals Town of Ithaca Town of Ithaca 126 East Seneca Street 126 East Seneca Street Ithaca , New York 14850 Ithaca , New York 14850 Re : Appeal to BZA for sign ordinance variance Premises located at 704 Five Mile Drive Applicants : Denmark Development ( Patricia and Elizabeth Classen ) Tax parcel : 31 - 4 - 2 Dear Sirs : Enclosed herein for your review please find check in the amount of $ 80 . 00 and one ( 1 ) original and copies of the following : 1 . Application for Sign Appeal 2 . Explanation of Sign Variance 3 . Site Plan ( Exhibit " A " ) 4 . Diagram of Sign ( Exhibit " B " ) 5 . Petition of Neighborhood Support If you have any questions , or if anything further is needed please contact my office . Very truly yours , Patricia Classen E izabeth Classen EPC / tln Enclosures 1212 Trumansburg Road ❖ Ithaca, New York 14850 ❖ 607-277- 1342 .. s.n... •i"��six+ ��•�rv*s'�a.l'r..�liF',��»�! :• �t+YO'�Y-C�N�IP'!g1!�,!yrea. . -_s -Y-•._'a :-c ,'''�.�t-'- .- �5,; �_`e.'�'S�` t Z ti I cf ; d. LT o � _ �oP CL OL w id Ul v W T r � m It INA iL to - � •. d v/o� * m Al U. LT Ali •\ f- h,� n j ry� J > ,�� � \I l ; ems---,5'Id—�1 to ` 1 i j ` ai IN 3 - , _ 1� of �( c J j ;` 0 6 t < c , p m 'f c' 3 Ji.� J� 1 W LU LL K�_•.y �� - 1 Roy � / �� LL�- � '.�� ` A I` - � �Zh aaly I ,�• \�� W �W 1 - 2 " cr ad of to to 0 t _;:Zw- _ — u _ c o c = s r �• U) x 6 (n x U) p r N - U) c CO O Q LO 30 ('') N cd U N J (n I I I I I � I . N I I q Ix x N 1 � in O w 1 u a Kc U) OI Ln I H N I U I 1 I � I 1 I a I I L17 I I I I I I I I I I I I I 7 d C 1 > _ I m (o I E 1 704 FIVE MILE DRIVE PROPOSED USE I have become aware of the proposed use of the "Old Hundred" house at 704 Five Mile Drive as presented by the Classens. The Classens plan to transform the house into an elegant, home-like residence for a small number of partially dependent older adults ( 12 residents) and senior day dare. We are aware that their plans will necessitate an addition to the south side of the house. The addition will be consistent with the character of the house. New signage will also be required . As neighbors, we are in favor of the planned use of this historic home. V, Z , ( Print Name) (Signature) (Address) ( Print Name) (Signature) (Address) v ( Print Name) Signat / / (Address) ( Print Name) (Signature) (Address) lip r ( Print Name) (Signat e) (Address) s cam, , �_� ( Print Name) (Signature) (Address) F�v G�/ AG /! /'? G ( Print Name) (Signature) (Address) ( Print Name) (Signature)9 (Address) . I 704 FIVE MILE DRIVE PROPOSED USE I have become aware of the proposed use of the "Old Hundred" house at 704 Five Mile Drive as presented by the Classens. The Classens plan to transform the house into an elegant, home-like residence for a small number of partially dependent older adults ( 12 residents) and senior day dare. We are aware that their plans will necessitate an addition to the south side of the house. The addition will be consistent with the character of the house. New signage will also be required . As neighbors, we are in favor of the pla use of this historic home. D01VA -1 ( Prin4Nae (Signature) (Address) CkV1 1v (Y otp, X, ( Print Name) (Signature) (Address) 0� zh 0 Z//5 C/ 147J 130,3 ( Print Name) ( gnature) (Address) ( Print Name) (Signature) (Address) 149 h1V pp ( Print N e�' (Signature (Address) Ld1AS� O.� ry k- . Coo C a1. 2CN`>\ `-"`1 cqb-� 2 �. ( Print Name) (Signature) (A dress) ca.9oo 2 Cam. ., ( Print Name) (Signature) (Address) ( Print Name) (Signature) (Address) Tompkins County DEFARTMENTwOF' PLANNING Ile Ile 12y1 ,East IJ.ourt •Street Ith"aca, New York"14850 k, z�: . : . James W. Hanson, Jr. Telephone (607) 274-5560 Commissioner of Planning FAX (607) 274-5578 June 14 , 1995 RECEIVED JUN 19 1995 Mr. Andy Frost Town of Ithaca TOWN OF ITHACA 126 E . Seneca Street BUILDING/ZONING Ithaca, NY 14850 Re : Zoning Review Pursuant to § 239 -1 and - m of the New York State General Municipal Law Action : Sign Variance, Bridges of Ithaca 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 - n1 of the New York State General Municipal Law . The proposal , as submitted , will have no significant deleterious impact on interconlnluility , County, or State interests ; however, the County Planning Department does have one comment regarding the location of the signs . The Zoning Board of Appeals may want to take into consideration that the sign proposed for Five Mile Drive is located within the road right-of- way . Please inform us of your decision so that we can make it a part of the record . Sincerely , )mnv l IJ ' James Hanson , Jr. GIRT?11; ssk�lner of Pic: nnini , Z0Recycled paper (3R;�q�s o� r-��,a-�. '70i fivc �e /h;fie, C.sa�) P TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , MAY 10 , 1995 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 , May 10 , 1995 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , DEAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of James Hider , Appellant , requesting authorization from the Zoning Board of Appeals , under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance to be permitted to construct a 16 ' X 20 ' outside wood deck on the north side of an existing non- conforming single - family residence at 1134 East Shore Drive , Town of Ithaca Tax Parcel No . 19 - 2 - 2 , Residence District R - 15 . Said building is non- conforming since it is located 7 ' il " + from the south side yard property line ( 15 ' setback required ) . The property is also . 16 + acres in area ( . 34 acres required ) . Appeal of Neil and Julie Robison , Appellants /Owners . John Golay , Agent: , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance to be permitted to enlarge a non- conforming single - family residence at 2 Renwick Place , Town of Ithaca Tax Parcel No . 17 - 2 - 3 , Residence District R- 15 . The enlargement consists of adding second floor dormers through the roof . Said building is non- conforming since it is located 13 . 5 ' from the street line ( 25 ' setback required ) on a building lot , . 21 + acres in area ( . 34 acres required ) . Appeal of Cornell University , Appellant/ Owner , George W . Breuhaus , A . I . A . , Agent , requesting a special approval under Article V , Section 18 of the Town of Ithaca Zoning Ordinance to modify an existing university building , known as the Campus Store Warehouse , located in Precinct 7 , the Orchards area , off NYS Route 366 on Palm Road , Town of Ithaca Tax Parcel No . 64 - 1 - 2 , Residence District R- 30 . Said modification involves approximately 1 , 700 square feet of the second floor area to be used for office space . The original special approval for the warehouse was granted on January 4 , 1989 . Appeal of Elizabeth Classen and Patricia Classen , DBA Denmark Development , Inc . and Classen Home Health Associates , Appellants , requesting an interpretation from the Zoning Board of Appeals of Article V . Section 18 of the Town of Ithaca Zoning Ordinance as to whether or not adult residential care and adult day care facilities are permitted at 704 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 - 4 - 2 , Residence District R- 30 . If it is interpreted that such uses are not permitted in R- 30 zones , then the appellant is asking for use variances . If it is interpreted that such uses are permitted , then a special approval , as required by Section 18 is requested . The property contains a non- conforming building with a front yard setback of 10 ' + ( 30 ' required ) and therefore a variance from Article V , Section 21 or an authorization ( to enlarge a non- conforming building ) from the Zoning Board of Appeals under Article XII , Section 54 , may also be requested . Appeal of Anthony Augustine , Appellant / Owner , Jeff Fredrickson , Agent: , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance to be permitted to construct an 18 ' x 16 ' enclosed porch at the rear of a non- conforming building located at 1413 Hanshaw Road , Town of Ithaca Tax ;Parcel No . 70- 12 - 12 , Residence District R- 15 . Said building is non- conforming since it has a 14 ' east side yard building setback ( 15 ' setback required ) . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Building Inspector / Zoning Enforcement Officer 273 - 1783 Dated : May 3 , 1995 Publish : May 5 , 1995 Town of ;Ithaca 10 Zoning Board of Appealsi May 10 , 1995 Attorney Barney said he thinks , by their own internal , local laws , they need to impose the same three conditions that the Planning Board did . Chairman Austen asked for a vote on the appeal , which resulted as follows : AYES - Austen , King , Scala . ABSTAIN - Ellsworth . NAYS - Stotz . The motion was carried . The fourth appeal to be heard by the Board was the following : Appeal of Elizabeth Classen and Patricia Classen , DBA Denmark Development , Inc . , and Classen Home. Health Associates , Appellants , requesting an interpretation from the Zoning Board of Appeals of Article V , Section 18 of the Town of Ithaca Zoning Ordinance as to whether or not adult residential care and adult day care facilities are permitted at 704 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 - 4- 2 , Residence District R- 30 . If it is interpreted that such uses are not permitted in R- 30 zones , then the appellant is asking for use variances . If it is interpreted that such uses are permitted , then a special approval , as required by Section 18 is requested . The property contains a non-conforming building with a front yard setback of 10 ' + ( 30 ' setback required ) and therefore a variance from Article V , Section 21 or an authorization ( to enlarge a non- conforming building ) from the Zoning Board of Appeals under Article %II , Section 54 , may also be requested . Mr . Frost brought the Board ' s attention to a memo that he wrote dated May 2 . There are multifaceted things going on in this particular case and his memo attempts to explain what ' s going on . He wants to make it clear that what ' s being proposed is not a nursing home . The Zoning Board has been , at times , interpreted to allow similar uses , although not exact uses . The Hospicare project is an example . It was approved by way of a convalescent home in terms of use . So , this particular proposal is not a nursing home . Mr . Scala asked to see the May 2 letter . Mr . Frost said that it ' s a memorandum and should be in everyone ' s packet . Mr . King noted that there ' s also a letter from the Town Planner concerning some of the comments in the application as to whether something is surrounded or not . A lot of it is semantics . His personal view is that it ' s not too significant in any way , but the facts are important . He thinks the Planner correctly states some facts in the memorandum . So , if there ' s any disagreement with them , it can be addressed . Chairman Austen added that the memo was prepared by JoAnn Cornish and it was a follow- up to the environmental review . In the application , she found a number of inconsistencies and some incorrect statements . The memorandum is in no way a position statement ; it ' s an attempt to correct some of the factual statements on the application . Chairman Austen adjourned---for a few minutes to take the last case on the list for the evening and to give the Board' a.1chance to look over the memorandums . Upon returning to this appeal , Chairman Austen asked Ms . Classen to tell the Board what they are planning on doing there and why this particular piece of property was chosen . >< I -- -�' � Town of Ithaca lJ. Zoning Board of Appeals May 10 , 1995 Ms . Elizabeth Classen stated that she ' s a partner of Patricia Classen . She continued by saying that Mr . Bacon will speak to the Board concerning the hardship involved in selling the piece of property . Mr . Boronkay , the listed realtor is also present . Mr . Wilson is their attorney and will address the others issues regarding the variance they are seeking . Mr . Hoffman is present from Holt Architecture Firm to talk about the architectural design of the proposed - use of the property . Ms . Classen continued by saying that , as owners of Classen Home Health , a local home care agency in Tompkins County , they are very dedicated to serving the needs of seniors in the community . They care for a large number of senior citizens and they have been fortunate enough to have a good reputation and they feel they are in a position to assess the needs of the community for something like this . Throughout the last fear years , they ' ve noticed that there ' s definitely a need in the community for something like what they are proposing . That is , an alternative to long- term institutional - type nursing home facilities for residents of the community . Ms . Classen said they ' ve done a project like this on a small scale in Jacksonville - - the Evergreen House . It ' s designed and licensed to only accommodate four residents . That really initiated the vision of their proposed use for the Old Hundred House , which is a long- term care , basically assisted- living home for a small number of partially- dependent elderly people . These are people that don ' t need one - on- one nursing attention , but do need care with activities of daily living . They need assistance to live ; they can no longer live independently and they are proposing that this home be used for that purpose , for no more than 15 residents at any given time . They would like to keep it small so they can keep in line with what their goals are - - to create an environment that is not an institutional - type environment or nursing home environment . They feel limiting the number to 12 - 15 will accomplish that . Ms . Classen continued with they would also like to have a day program , which would be for non- residents . That means for people that would like to have socialization and activities with other people in the community , other seniors . They could come to the home and interact with the residents and join in on the activities that are going on that given day . It ' s called a day program . There are some definitions in the packet . Ms . Classen said they ' ve knocked on several doors in the neighborhood and introduced themselves . They ' ve talked to the neighbors about their proposed use . They have 100 percent support from every neighbor talked to . They , basically , tried every door and only didn ' t get to the people who were not home at the time or where the homes were vacant . Everyone thought it was a good use . They decided to make sure that the neighborhood was all in favor of it before they came before the Board . The neighbors included Mr . Lower , Lawrence Weaver , Heinz Reider , Daniel Hall , Ed and Brigid Shipman , Louis and Martha Mobbs , Don and Adam Carroll , Anthony Turko , Constance and Alfred Cook and William and Theo Jenks . These were among the people that they gathered support from . Tonight they have some public support : Irene Stein , Director , Office of the Aging for Tompkins County . She ' s present to speak in favor of the project . Dr . and Mrs . Munchmeyer are present and some neighbors : Mr . Lower and Mrs . Shipman , Mrs . Shipman lives directly across the street from the project , so she would be a person that would be looking at the project every morning and every night . Mr . Lower owns quite a bit of property along that area and he ' s quite concerned with the way people keep /maintain their property in that area . Ms . Classen continued with their plans will necessitate an addition to the south side of the building . The addition will be consistent with the character of the house . The house is unusual . They will keep the brackets ; looking high and low until they find some brackets that will be consistent with the ones already on the house and carry that Tbwn of ,Ithaca 12 Zoning Board of Appeals May 10 , 1995 through . They think it ' s going to look very nice . To speak more about the design of the home , Larry Hoffman is here from Holt Architecture . He ' s been guiding them all through the process with his experience in dealing with codes in health- related facilities . Chairman Austen asked if the addition would be for the residential people or for the day care . Ms . Classen said it will be for the residents ' bedrooms and bathrooms . Mr . Scala reiterated that there would be both adult and day care around - the - clock care . Attorney Wilson noted that day care is a term that means something very different in the context of the project . This is adult day ;pare . Its . Classen closed by saying that they are absolutely thrilled with that piece of property . They ' ve had their eye on it for a long time . They ' ve given this a lot of thought . They think this particular home and this particular piece of property is just perfect for what they want to do . There ' s enough land for the addition and they think it will make a lovely addition to the neighborhood and they really feel like it would enhance the neighborhood and they would be definitely committed to keeping it nice and well manicured . The place they operate in Jacksonville - - they pride themselves on the way they keep it maintained . People in the neighborhood have come to them and said so . Mr . Scala asked if it would all be one financial operation - - Jacksonville , the one at the hospital and this one . Its . Classen said the one by the hospital is the administrative offices . It ' s still Denmark Development that owns the real estate , except not the Evergreen House in Jacksonville . That ' s a general partnership . Mr . Scala asked if it was part of the corporation . lets . Classen answered no . Mr . King asked what the main part of the existing structure would be used for . Its . Patricia Classen said it would be for a common living area - - the dining room , the kitchen and a library / reading room , also a laundry room . Mr . King asked if there would be only one kitchen . Its . Classen said yes . Mr . Scala asked how many employees there would be . P4s . Classen said there would be four employees during the day shift and two . employees during the evening and night shifts . 1-4r . Frost asked if it would be a 24 -hour operation . Its . Classen said yes . Air . Stotz said he assumes all of this comes under Health Department regulations - - about staffing and occupancy . Its . Classen said yes . The New York State Department of Social Services is where they would get their operating certificate from . They also would give them their certificate for operating a day program after they ' ve been open for a year and can show that they can successfully operate an adult home . Then . they would look at the home and see what kind of job they are doing . Then they would give them the certificate for a day program . Air . Scala asked what they are looking at per day for adult day care . its . Classen said the average for Ithaca is between $ 50 and $ 75 . They haven ' t determined the day care charge yet . They would include transportation in their price ; so it would probably be in the middle of those two prices . Mr . King asked how the operation would differ from Ithacare . Ms . Classen said Ithacare has been a referral source for Evergreen House because , once their , residents become a little more dependent on the staff and require a little bit more care , that ' s when they are no longer appropriate for Ithacare . Ithacare ;cants more independent- type people . At that point , Ithacare refers to Evergreen House . Mr . Frost pointed out that they are a step between Ithacare and a nursing home . Its . Classen answered yes . Town of Ithaca 13 Zoning Board of Appeals May 10 , 1995 Mr . Scala said that , for the record , there are two operations in town that will allow up to $ 100 for adult day care . Ms . Classen did not know that . Mr . Frost said that the key element of the hearing is to determine whether this is a permitted use . If not , then there ' s a series of variance approvals to go through . They should also understand that , however the Board decides , if they decide in favor of the project , they will have to go through a building permit process . There are some building code issues . He ' s been talking with the Department of Social Services to work out a truce over the building code problems . Ids . Classen said they have no commitment from the Department of Social Services at this time . It is contingent on the decision of the Board . Mr . King asked if it is in anyway considered to be a convalescent care facility - - such as recovering from surgery . Ms . Classen stated that DSS doesn ' t allow them to accept any resident that requires continuous medical or nursing care . So , if they needed that they wouldn ' t be able to accept them as a resident . Mr . King said it ' s possible a convalescent wouldn ' t need continuous care , just some assistance . Attorney Wilson answered that there are two alternative approaches . One is the use variance , which they are prepared to show economic hardship on the part of Mr . Bacon . The other is to come in under special approval , which would be permitted under Article V , Section 18 , for a convalescent home for the residents and adult day care . That would require an interpretation of this Board as to what the terms mean . If you approve that interpretation to include this described property , then a special approval would be an option to them . Or they could go under the use variance and not deal with that terminology and just show the hardships . He ' s prepared to go into the marketing issue when they get to that . Yes , you can interpret convalescent homes as an approved area under the zoning . The Board has had in the past some interpretations that would cover that and , if you want to call this a convalescent home , it would be an approved area . Mr . Frost said he would be more inclined to refer to it as a nursing home . Oakland Manor and Lakeside both have a lower level of beds for residents who don ' t require skilled nursing . Some nursing care does , traditionally , provide some supervision of beds to the elderly who don ' t need nursing care , but need some supervision . Attorney Barney asked if they were being regulated by the Department of Social Services . Ms . Classen responded yes . Attorney Barney asked if they were trying to qualify as a nursing home . Ms . Classen said no . Attorney Wilson stated that the terminology changes every time you deal with a different agency . The Board has certain terminology ; DSS has other terminology and their own definitions . Attorney Barney said that , as the slightly inept drafter of this , it was drafted and geared to deal with children ; all of the definitions . They were lifted bodily out of a statute at that time . He thinks they are probably archaic even though they ' re not that old . This terminology does not have , in the back of the drafter ' s mind nor the Board ' s , any discussion of adult day care . Mr . Ellsworth pointed out that it would all be reviewed and possibly redone in the next few years . Mr . Scala said that what they are looking at as one option is a use variance . If this use variance is approved , they would then turn around and be able to make an offer to the seller of the property . Attorney Wilson stated that they are under contract to buy conditioned upon the Board ' s decision . They will be buying it if they receive approval . Town of .,Ithaca 14 Zoning Board of Appeals May 10 , 1995 Mr . Scala asked if the use variance goes through , when will they own the property . Attorney Wilson responded that they would have to close on the title , but that would only be a short time after . Mr . Scala said that what he is looking for is ;Then they ;could be in business . Attorney Wilson responded that they are going through Social Services for licensing . When that approval passes , they will be operational . They would be closing on the title as soon as they receive zoning approval . Chairman Austen opened the public hearing . Mrs . Stein , Director , Tompkins County Office of the Aging spoke first . She ' s extremely impressed by the Zoning Offices . As the Board probably ;knows , across the nation , in our county , and in the Town of Ithaca , there ' s been a dramatic increase in the senior population . Between 1980 and 1990 , for example , in the Town of Ithaca , she thinks the population growth was over three percent . The 75 + population grew close to eight percent , certainly over seven . The goal they have for elderly people is the same as the goal they have for themselves . They want to stay , as you and I do , independent as long as possible . For some , that comes to an end at some point . We ' ve made a tremendous effort in the last decade to increase the housing options for people who need various kinds of supportive services to allow them to be in as close to a home setting as possible . Sometimes it isn ' t possible and people have to go into a Dotal institutional setting . Mrs . Stein said the option that the Classen sisters are offering is one of those options that allows people the degree of physical surroundings and atmospheric surroundings that approximate an independent home . They enjoy a reputation , based on their delivery of services in their home care agency based on the ;•ray they have operated the Evergreen House in Jacksonville , of being very careful planners and very effective deliverers of services and of being good neighbors . We know that from the response they ' ve had among the Jacksonville community , as well as among the seniors who are applying to them . She thinks it ' s important for the communities to recognize that the independent living housing options are natural and important components of our communities . It keeps people in our area in the best possible surroundings for them and that ' s the best thing for our communities , as well as for the individuals involved . So , the Classen ' s proposed option is very much in line with the Office of the Aging ' s assessment of senior needs across the county and they support it heartily . She then thanked the Board . Dr . Louis Munchmeyer spoke on behalf of himself and his wife , Margaret . As he made rounds this morning , he added the ages of his first four patients , divided by four and came out with 87 as the average age . He certainly can speak to the fact that we ' re getting an older and older population in this county . He thinks it went up 23 percent in the last decade of people who are over 85 . So , as a physician , he can certainly tell the Board that there is a need for assisted care . He thinks he can speak a lot more personal . His father- in- law is with them , and has been for about four and one -half years . He is able to dress himself , is able to shave and is able to come upstairs but needs assistance getting meals . He loves to walk and do things . His memory is very short and he can ' t live by himself . Dr . Munchmeyer doesn ' t want him in a nursing home ; his wife doesn ' t want him in a nursing home . Classen ' s has sent people in over the last four and one - half months and it has rejuvenated them . Sometimes he envies his father- in- law on the weekends . He goes here and there , goes fishing and does all sorts of things . Dr . Munchmeyer said these people have done a wonderful job of managing him and in helping the Munchmeyers out . The concept of assisted care , where you have a very small , very intimate setting , such as Evergreen House and now such as their proposed Bridges , is just wonderful for people like this and he and his wife both feel so secure , and would Town of Ithaca 15 Zoning Board of Appeals ti May 10 , 1995 feel so secure in having his father- in- law in that kind of system . Whereas , he could not put him in a nursing home . He falls right in between and he can certainly speak for the quality of the Classens . He then thanked the Board . Mr . Bill Lower spoke next . He lives at 433 Floral Avenue , three or four blocks down the street where he was born . He is a senior citizen now and he ' s been where he lives now for 64 years . He doesn ' t think he ' ll end up there , but if he does it ;could be nice . He is very excited to see what these young ladies are proposing . When this place first went on the market , his concern was that someone would buy the property and not be able to maintain it . He thinks everyone knows that the older pieces of property that are architecturally beautiful are very , very expensive to own and maintain . Mr . Lower said he has a son that would love to own this property , but he couldn ' t maintain it . He tried and he couldn ' t afford it . It ' s been great to see that Mr . Bacon has done a marvelous job of maintaining this property and , of course , being on the street for 64 years , this piece of property has been the property that ' s been mentioned hundreds of times to him . Most frequently it ' s been referred to as the Old Hundred . People use it as a landmark for giving directions . His feeling is that , if the Classens put in what they are proposing , it appears that they do everything professionally and he thinnks that it will be an opportunity for someone to be able to run this kind of low- keyed business and be able to profit enough to maintain the building for many , many , many years . Mr . Lower said living down the street , he thinks people will know where he lives due to the couple of hundred thousand light bulbs . He has 20 acres of land there that he ' s done a significant amount of work on . He ' s spent many hours of his time upgrading it with a large financial burden . He ' s had many people come to him and tell him that he has beautified the place . They send him letters and cookies thanking him for putting up the Christmas lights . He takes a lot of pride in his place because he grew up there and his folks weren ' t fortunate enough to be able to afford a beautiful , beautiful place . But , it was always nice to go by there all the time and know it was in your neighborhood and it was always a mansion to him . Now that he has his place and people tell him it ' s so beautiful , it ' s nice to hear . When people built the Old Hundred , no one came to them and told them they beautified the place ; it was always beautiful from the time it was built . He ' s beautified his part of the street and he ' s very concerned about the way everything looks . He would urge the Board to give this appeal serious consideration . Hopefully , the Board would grant this as something that would be a great thing for this particular piece of property . He thanked the Board . Airs , Brigid Shipman , who lives at 681 Five Mile Drive - - directly across from the Old Hundred - - spoke next . She started by saying that she ' s definitely in favor of the proposed development that the Classens are presenting to the Board . She ' s seen the plans for the new development and thinks they are very nice . If she were going to be doing it , she thinks she would have chosen much the same . She approves ;where they are putting their addition and changing the driveway . As Air . Lower pointed out , it ' s a very old home and one of the concerns is that somebody would be able to buy it and not maintain it . Mr . Bacon does an incredible job of taking care of that home and the property it sits on . She thinks it would be very , very difficult for anyone to deal with the property . She ' s checked into the Classen ' s reputation and it ' s wonderful . She feels very confident that they are the ones who will be able to take care of it and keep the neighborhood beautiful . Mrs . Shipman said as for their project , she thinks it ' s a wonderful idea to have care for the elderly ; this type of care is the perfect opportunity for that home . Having a grandmother herself who is not able to go to a nursing home , but needs some sort of care , her favorite part of this is having a day care program . She ( the grandmother ) does ' own of Ithaca 16 I, I Zoning Board of Appeals May 10 , 1995 not get out an awful lot . Having a day care program to go to , not in a hospital but in She ' s definitely in favor of this . Hopefully the a home , is absolutely •Yionderful . Classens will get zoning approval . Mr . Frost told Mrs . Shipman that she ' s probably as close as anyone residentially to the building . Mrs . Shipman said yes ; their front :window is nine feet long and looks out directly at their home . She ' s seen the plans and they ' ve done a :wonderful , wonderful job with keeping the addition in line with the original structure . Mr . King asked Mrs . Shipman if she is aware that the addition :-could occupy about twice as much floor spare as the present building . Mrs . Shipman said yes ; the placement of the addition is in a very , very key spot on the property . It ' s back farther from the road . It gives them a great extension through the property but yet allows all of the use of the grounds around the building . If it was placed towards the front , it .wouldn ' t work . She really agrees with where they are putting it . It won ' t do any damage to the property . Mr . Ellsworth asked if Mrs . Shipman can see the addition from her picture ;window . Mrs . Shipman said yes . Mr . Scala asked what he is missing - - he doesn ' t see the addition on the appeal . Mr . Frost said that it is not . Mr . Scala said then that means the Board is not considering an addition . Attorney Wilson said it is mentioned in the packet he provided . Mr . Scala said that the non - conforming use they are talking about must include an expansion in addition . Mr . Frost stated that ' s :why they ' re looking at this not only as a special approval , but also as a use variance . The building , itself , as it sits now , is too close to the road in the front for residential use . This makes the building non- conforming . Mr . Scala asked Mr . Frost to read to him where it mentions the addition . Mr . Frost informed him that the addition of the building is not described . 1. r . Scala asked if the addition is included in the variance . Attorney Wilson said that Exhibit E of the packet refers to it . Mr . Scala said that there must be another stage after this that involves the . addition . Mr . Frost tried to explain : Let ' s presume for a moment that this is a permitted use . Then the process set forth by the Zoning Ordinance says they go to the Planning Board and then the Zoning Board . I-fr . Scala stated that he understands this to mean that the building by itself , as it is being bought , is not sufficient . It ' s going to require the addition . Attorney Wilson informed them that the ultimate decision on the building codes and the site would be done by the Planning Board , Attorney Barney said that , if you choose to treat this as a variance , then you are treating the application on its face and it goes nowhere except to the Board and you either grant or deny the variance , which would include granting a variance to construct whatever it is they want to construct . If you are treating it as an interpretation , and your interpretation is that it ' s a permitted use subject to a special approval process , then it goes back to the Planning Board . They need to make a recommendation and that recommendation comes back to this Board to make the final determination . Mr . Scala replied that what he is raising his hand about is the announcement . Why is it not in the announcement? Mr . Frost answered by saying that what they ' re entertaining is the concept of the day care and the nursing home . Your mailings indicate how that ' s being done . Town of Ithaca 17 Zoning Board of Appeals May 10 , 1995 Mr . Scala responded and said that he sees it as a use variance for 704 Five Mile Drive , period . So , if the Board were to bring a motion on this , it would have to include the statement with respect to the proposed addition . " Attorney Barney said they would be granting a variance to allow them to do what they want to do , which includes constructing an addition . Chairman Austen reminded the Board that they are dealing with the public hearing at the present time . Airs . Shipman finished her statements by saying that she is in favor for all of their plans and she is looking forward to an elderly care facility in the neighborhood . She thanked the Board . Chairman Austen asked if there was anyone else who would like to speak . With no one else present to speak , the public hearing was closed . Attorney Barney suggested that they only suspend the public hearing . If they are going to proceed as if this is a variance application , they will need to hear some hardship evidence . If they are treating it as a special approval , they need not take any further testimony on the hardship issue . He thinks , at this point , it would be wise for Air . Wilson to give an expose on the law . The public hearing was suspended . Air . Scala stated that his earlier questions were really fishing for financial stability of what they are looking at . These have been started in other places and failed . He ' s just questioning what they ' ve done in depth in terms of studying the finances . He doesn ' t get any feel for that at all . Ms . Classen explained by saying that DSS requires a very extensive financial background of information that they have to submit before DSS will even consider them . So , they have a great deal of work to do to submit to DSS . They have to have a very strong financial background before DSS will even consider them . They feel confident that they can meet the requirements of DSS and they ' re discovering that right now , in corresponding with them , but not too far until they have this Board ' s decision . They know that it is economically feasible . They have done a financial feasibility study . Air . Scala asked if their competition would be Kendall . Ms . Classen said not necessarily . Kendall is hoping to have residents that are much more capable of caring for themselves . Mr . Scala said that Kendall has an additional category being added that will take day care people . He wants the Classens to be aware of the competition . Attorney Wilson thinks the Classens have demonstrated the need from a lot of different sources in terms of population explosions in this age group . It is so phenomenal . Attorney Wilson said there are two alternative approaches . You can either interpret the existing Zoning Ordinance to allow this as a permitted use under the special approval process , qualifying the residence as a convalescence home under the terminology of Article V , Section 18 . Adult day care is not actually provided for , nor is senior residential care provided for at all in the Zoning Ordinance . By omission , they have failed to provide for anything like that . That ' s exactly where they ' re at now . If they wish to interpret it to provide for that , it requires a special approval process . The convalescent home would imply that the residential facility would fit under that definition . If that were the case , then it ' s been mentioned that there ' s around- the - Town of ,Ithaca 18 Zoning Board of Appeals May 10 , 1995 clock supervision going on . They don ' t , per se , provide medical care , but they are able to secure it . Attorney Wilson said as pointed out in tor . Frost ' s communique , the definition of day care does provide a provision for a day care center . This is number 43 in the terminology . This provides that a facility , home or other establishment , licensed by the New York State DSS and certified by Tompkins County DSS , in which day care is provided for hire , not be a school and day care home . The Classens would fiL under that unless you are making the determination that it means children . Again , this .-could be a licensed , DSS - approved day care facility . It doesn ' t say adults , it dcesn ' t say children . The history, ;nay be one thing , but you are certainly free to interpret that to include adult day care . In that instance , both of these uses that the applicants have before the Board would fit under the current terminology . This could Ie approved , then , with a special approval process . Attorney Wilson said if you don ' t- , what brought them here originally was a use variance request and this was coming in under the unnecessary hardship argument . As put forth in the application before the Board , they ;cent through a lengthy explanation of the problems that Mr . Baccn has had as owmer of the property in selling the property . 11r . Boronkay is here , who is the second listed broker . It ' s been listed trice . once for six months and then after for six months with another agency . The property is not saleable as it is , even though it ' s a beautiful home . The problems that Ilere mentioned are the cost of maintenance of such an e ,:orbitant home . Also , the Board Will note , in the application they mentioned the fact that there were 33 showings of this , a substantial number of showings . Yet , nobody even came back for a second viewing . There was absolutely no offer . In the terms of financial proof of the not reasonable return , he guesses the answer is that it cannot be sold as a single - family residence . The problems are complex , but the listing price has gone down a quarter already before this contract was consummated , and this was only consummated based on the fact that it being used for this use . If Mr . Bacon were to continue to keep it on the market and try to sell it as a single - family residence , he would probably lose more than a quarter of .chat he had in terms of a value for it . It ' s dropped 25 percent . The reason for this , is a problem with the location . He pointed out on his ;nap in the ExhibiL list under B , the surrounding areas . This seemed to be a constant comment from the people who were looking at the place . It was heavily marketed . It ' s a beautiful residence and attracted many people to look at it but , once on- site , people noticed the problem with it . It was front page on the 11arketing Journals magazine for real estate in the area . It ' s been on the market for over one year . The problems have been as reflected . Attorney Wilson said there are some photos here showing the problems with the surrounding area . He addressed those problems : the County Barns are within sight . Mr . Bacon has owned this property for 25 years . A lot has changed since he ' s been there . The County Barn was actually there at the time he came , but it has expanded greatly since then . The County Barns reflect the fact that there are snowplows coming in and trucks also , reflecting the fact that it ' s a busy commercial area connected with the county facility . All of these things are inconsistent with an R - 30 , by the 'ray . The Board will find a lot of things here that fall into the category of not being single - family hospitable . The school buses , again a major facility and traffic , are not positive in the view of selling a single - family residence . There ' s a lot of traffic there . The Board should also reflect on the fact that there ' s a couple of multiple family residences in the near vicinity . That ' s reflected on the map . There also is the church area , which is posted . Apparently Assembly of God has as a future site . It ' s his understanding that this requires considerable parking . So , all of these basically create a combination of things showing a quasi - commercial area in terms of what ' s going on . It ' s a short cut for some traffic . Town of Ithaca 19 Zoning Board of Appeals May 10 , 1995 Attorney Barney stated that he thinks what the Board needs to do is address the first question - - is it a special use situation or a variance decision? Mr . Stotz asked if it ' s approved under a variance , what type of oversight does the Town have in terms of site development and the plan at that point? Attorney Barney said not a lot . The variance is granted with respect to particular applications and the use of the property would be in accordance with that plan . However , once you ' ve granted a use variance to allow the property to be used for an adult care facility , you lose control in a sense that they can exTand it or not , that sort of thing . You can time - limit the use . With a special approval , you do have more control because then it does require a site plan and any modification in the future requires approval . If you chose the variance route , you could impose a condition that there be no alterations to the site other than what is now shown . Mr . Kanter would urge that , if that is what the Board does , they require as a condition , because there are a number of site issues that need to be addressed , that the Town would like to see more detail than has been able to be shown on this scale of the plan . Mr . Scala asked what would be wrong with proceeding with the proposal for a use variance because it ' s logical , whereas the other hardship is subterfuge . Their real purpose is to sell it and then make the adult care center . So , let ' s go ahead with the use variance . Attorney Barney stated that the underpinning for a use variance is hardship . Mr . Frost said that it was his understanding , when discussed initially , since it is somewhat of a good project for the community , a use variance is a little harder to get than special approval . He said that his intent was to cover all the bases as thoroughly as possible in order to resolve this . It was the Classens who obtained a use variance for the facility on Trumansburg Road - - that variance was granted to address site concerns and conditioned on them obtaining site plan approval from the Planning Board . This mitigated those concerns for site considerations . Again , the Board could grant the use variance with the condition , among others , that they go before the Planning Board for site plan approval . Mr . Scala thinks that is very straightforward . He suggested moving on it . Mr . Kanter added that he thought it might be helpful to just outline why : this might be a good location for the proposed use , which is really more of a planning issue , but he thinks it ' s something the Board might want to think about . A lot of it is sort of taking what Bruce has laid out and just wording it a little differently , maybe on a more positive note . One of the things is that this is not really an established neighborhood . It has single - family uses , but it ' s really an evolving area , and it ' s a mixed area . Mr . Ellsworth asked what the comprehensive plan shows . Mr . Kanter said that it shows it as suburban residential , which he thinks this kind of use is consistent with , considering the overall definition of it . -Attorney Wilson said that , in the R- 30 , there are a lot of uses permitted . Convalescent homes , nursing homes and dormitories are permitted within that area . If you look at the area that has developed historically , you ' ll see an awful lot of different uses . Mr . Ellsworth noted that , to him , that ' s what ' s lacking in the comprehensive plan of suburban residential . You ' ve got commercialization all around there . Town of -,Ithaca 20 Zoning Board of Appeals May 10 , 1995 Mr . Kanter pointed out that , looking at the road system , it appears to have sufficient capacity to handle traffic from this kind of use . But , public transportation may be extended to the area . The bus line runs close to the area . Attorney Wilson said that , in deference to the zoning , he thinks a lot were exempt from zoning because of the school buses and the County Barns being there . They couldn ' t enforce it anyway because the worst parts of the traffic are with the barns and the school buses . They ' re exempt anyway . Attorney Barney asked if it ' s the Board ' s desire to treat this as a variance application . If that ' s the case , the Board will probably want to hear a little evidence to determine the hardship , if there is a hardship . Then the Board can make their decision . Mr . Ellsworth said that his desire is not to make them go back before the Planning Board . Attorney Barney said that special approval does go back to the Planning Board . With a variance , it can or it cannot , depending on how the Board chooses to decide . Mr . . Stotz noted that there had been some concern expressed about the site Clan . He asked what those concerns are . 11r . Kanter responded that there are some clear site planning issues . These are things that the Planning Board ;could normally look at for this kind of facility : parking , certainly layout and adequacy , drainage , and buffering . Actually , one of the corrections that he made in Bruce ' s outline of adjacencies is that the property directly to the west , going up Bostwick , is now Town park land . When the Glendale subdivision occurred , very recently ( about one year ago ) it made it so that the adjacency of the park needs some looking at just to protect the Town ' s interests . One of the things mentioned in the environmental assessment by JoA n was trying to preserve as many of the mature trees on the subject site as possible . Some may have to come down because of the addition , but there are some significant trees on the site . Those are basically the site plan issues that he thinks the Planning Board should really be able to take a closer look at . He thinks the plan would have to be revised with some more detail shown to these areas to get that clearly looked at . Mr . Stott asked under special use , they would have to go bark to the Planning Board , Attorney Barney said yes , but they could also do a variance , conditioning the granting of the variance on the Planning Board granting a site plan approval . It seems to Mr . King that there are going to be more of these facilities required in the future in residential areas , whether they ' re R- 30 or others . If you look at the R- 30 regulations , the special approval is under Section 18 , Subdivision 3 . It runs from day care centers , to convalescent homes to nursing homes and medical clinics . Logically , he thinks somewhere in between those specifications is this type of facility . He believes they would be further ahead for the community to say this is , in the Board ' s view , a permitted use under the Section 18 , Subdivision 3 , special approval section . Attorney Barney believes that if it is put in under a convalescent home , it would be stretching it a little . That implies that people are going to get better . With all due respect , he doesn ' t feel the clientele here would be getting better . It ' s also in the context of the form that they are Health Department regulated , and that ' s not the case here . The day care center , with the omission of the word " children , " provides day care for hire . He suggests that the Board seriously consider a variance for this particular proposal . What they would ultimately go to , in the Zoning Ordinance , would be a special approval use . Town of Ithaca 21 Zoning Board of Appeals May 10 , 1995 Mr . Frost said that they should also have Article XII , Section 54 , because this building is non- conforming and it ' s not clear whether they might need approval under this Section . That ' s a totally separate process from the special approval if this were a permitted use . Attorney Barney said the best course of action to consider , after hearing a little testimony to substantiate it - - a variance that would allow the particular proposal they have , with the building as presently figured and a substandard front yard . In a reference to the Planning Board for site plan approval , there could be the considerations they would normally consider if it were special approval . With that in hand , it would allow these people to process their application with the Planning Board . It ' s probably more appropriate for the Board to determine whether there ought to be a 20 ' or 30 ' buffer . In the meantime , he thinks they would then go to the Town Board and suggest that , very quickly , a study be made to incorporate these kinds of homes . Mr . King reminded the Board that , when you grant a variance , you are supposed to grant the least variance necessary and that is not necessarily , in his mind , to jump to the conclusion that you can triple the space in granting the variance . Mr . Frost pointed out that DSS likes , in some cases , the residential buildings for adults to be larger than what ' s proposed . So , they are actually down- scaling from what DSS wants in the first place . Ms . Classen said you are allowed to have 200 in an adult home . The average residents in adult homes in New York State is somewhere between 75 and 150- 175 . Air . Frost stated that he advertised this as he did in order to cover all of the bases and , hopefully , be able to resolve the issue . Chairman Austen asked if they would be in the right context if they listened to the hardships . Mr . Scala said not to list the hardships because , back in his day , every wild west town had a place that looked like this called adult care . They were very successful . Attorney Barney said it ' s necessary to listen to the hardships . Chairman Austen asked to listen briefly to the hardships . Attorney Wilson pointed out that the price drop is significant already . The cost of maintaining it has been pointed out already as a major factor . Out of 33 people , not one came for a second showing . It ' s not a saleable single - family residence . That ' s the hardship ; you can ' t sell it . You can ' t move it . The requirement is that you not have reasonable return - - how do you know what a reasonable return is ? Certainly , he believes that would be an unreasonable return . They don ' t know what it would sell for . Certainly it would be a lot less than what they are paying for it at this point to keep it a single - family residence . The elements of the hardship would be loss of value . Mr . Boronkay is there to speak to the marketing element . It was heavily marketed . It all has to do with the location . Attorney Wilson said the second element for hardship would be unique to the district . He thinks the Board will find that it ' s an R- 30 district but it ' s a unique property by any definition , looking at where it is in relation to everything else . There ' s heavy traffic there ; there is commercial use there . This particular single- family residence is not setting any precedent for R- 30 because it ' s quite unique due to the location and the terrain and how it ' s developed . The character of the neighborhood - - he ' s tried to show that in the chart in the exhibit . It ' s a mixed-use neighborhood . . Town of Ithaca ` 2 Zoning Board of Appeals May 10 , 1995 He doesn ' t think it would change the character of the neighborhood at all . In fact , the neighbors all supported this . Certainly , it ' s been a mixed- use area . That ' s not self - created , which is another element that has to be established . Mr . Bacon ' s had this property for over 25 years . The County Barns have expanded a lot . As a practical matter , the location has changed ; the ownership has stayed the same . This is not due to any fault of tor . Bacon - - that this is no longer a marketable property . The lack of marketing is the hardship and Mr . Bacon can comment on that , too . They would be requesting a use variance under Article V , Section 18 , for the use defined in the application - - a 12 - 15 - bed residential facility licensed by DSS and a use variance for the adult day care . All this would be conditioned upon DSS approval . Attorney Wilson continued to say that Air . Frost has mentioned that there ' s an area variance issue . He doesn ' t knc,w hoar to interpret that . If you look at the survey in one of the exhibits and then look at the site plan in the exhibit , there ' s a 30 ' setback . If the front lot is considered Seven Mile Drive , there ' s a structure that ' s within the 30 ' of the highway right- of - sway . The Board ' s definition of front setback doesn ' t refer to highway , whether they are talking about the road ' s right- of -;way or the street . It ' s more than 30 ' , but it ' s ;within the 30 ' for the highway right- of - way so they :could be requesting the area variance . They would ask that the use variance include the addition , as submitted in the site plan prepared by sir . Hoffman , who is present . Mr . Frost clarified ;with , if you call Bostwick Road the front yard , that T'4 L. make the side of the building facing Five Mile Drive the side yard , which requires a 40 ' setback . No matter which side you call the side yard , there ' s still a deficiency . Attorney Wilson said that however the Board wants to define that , they would ask for the variance . The existing structure has obviously been there for a long time and that ' s a given ; it can ' t be controlled . They would obviously comply with all building codes when they submit the appropriate building application to Mr . Frost . If the Board feels that a site review by the Planning Board is necessary , they would accept that also . Air . Ralph Bacon spoke next . He ' s the owner of the Old Hundred . His wife and he bought it roughly 27 years ago . He ' s known it all his life . He ' s really enjoyed living there . They found out that nothing had been done to it in about 50 years when they purchased it . Consequently , they put most of their money into it right up until recently . They had the insurance people there and they said the house was worth $ 200 , 000 and insured the house for $ 200 , 000 . Everyone keeps talking about how pretty the house is and they have been very proud of it , but now that he ' s trying to sell it , it seems like an entirely different situation . No one seems to want to buy it . Mr . Ellsworth asked :what the house is assessed for . Air . Bacon replied about $ 148 , 000 . He ' s not sure . It was raised about four years ago . Air . Kanter replied that the current assessment is $ 130 , 900 . ' fr . Bacon said he retired four years ago ; his wife was still working . Unfortunately , she got sick three years ago and died . Now , he ' s in the process of trying to keep the house going , with his other properties , on a retirement income , and Cornell doesn ' t pay that much . So , he does have a hardship , in that he does have to get rid of the house as he can ' t afford the taxes on it . They have sewer and water to pay for even though they didn ' t need it . The taxes are a lot more than just the assessed value of the house . Mr . Bacon continued with basically , he got the house on the market almost a year ago . He asked five realtors to give him an appraisal . They went between $ 200 , 000 and $ 229 , 000 . That surprised him - - to see five within that close range . At the time he selected Remax and listed it at $ 219 , 000 . They had it for six months and a lot of people Town of Ithaca 22 Zoning Board of Appeals May 10 , 1995 looked at it , but there were no proposals . So , when the contract ran out , he went with Century 21 and dropped the price to $ 19919000 Even though they did a great job with pictures in the paper , etc . , there were still no offers . Mr . Ellsworth asked how many people went through the house . Mr . Bacon said that , with Century 21 , there were about 19 . What he keeps hearing is that everybody who comes and looks at it doesn ' t want it because of the school bus garage . It was right after he moved there that they started to put in the school bus garage . All the neighbors were upset , but it didn ' t do any good . That hasn ' t helped a bit . Not only that , the school bus garage does no trimming . They mow a little bit , but there are no flowers , nothing . They have trailers parked outside , boxes parked outside . They ' re a good neighbor , but visually they are not . That hasn ' t helped with selling the house . The other things are listed : the traffic that ' s coming down from the Town Highway Barns . They had originally said they wouldn ' t come dorm that road , but they found out they can ' t get on 13 , so they do . The only thing he ' s not happy about , and he made comment to the people around there , is that there ' s a church coming in with a 200- car parking lot which certainly isn ' t going to look very good and then right behind him will be a Town park . That also doesn ' t make him very happy because a park has to have parking space . That ' s why , when the Classens came to him , he hesitated and then finally accepted the offer . This was due to the fact that he knows the architect personally . He ' s worked with him on projects at his work . He has designed it to look very nice , -;hich pleases Mr . Bacon . If he has to put it back on the market again , he doesn ' t know how he ' ll sell it for any price . He thanked the Board . Mr . Kanter added , for the record , that the Town park is designed to fit into a residential neighborhood . That ' s the idea anyway . ENVIRONMENTAL ASSESSMENT Mr . Kanter said they did go through a traffic assessment . He noted the reference that the adjacent property to the west is Town of Ithaca park land . He also noted some references to the fairly substantial size of the addition needing to be looked at to be sure it fits in with the structure and character of the property . He added that JoAnn Cornish mentioned the need to preserve mature vegetation on the site if possible . The conclusion is that the staff recommends a negative determination of environmental significance . He then read the last part of the form : It is recommended , however , that a more detailed site plan be prepared and submitted to the Planning Board for review and approval so that issues such as parking , drainage , lighting and buffering can be more fully addressed because the project site butts Tom of Ithaca park land : and it is imperative that potential impacts on the park land be minimized . Chairman Austen noted that there is quite a heavy hedgerow between the properties . Mr . Ellsworth noted that the property is at a slightly higher elevation than the park land . Chairman Austen asked for a motion on the environmental assessment . MOTION By Mr . Edward King , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board accept the recommendation of the Town Reviewer on the proposal for the use of the property at 704 Five Mile Drive as an adult residential care and an adult day care facility , and make a negative determination of environmental significance . 1A)wn of Ithaca 24 Zoning Board of Appeals May 10 , 1995 Chairman Austen asked for further discussion on the matter . There was no further discussion and Chairman Austen asked for a vote on the motion , which resulted as follows : AYES - Austen , King , Stotz , Ellsworth , Scala . NAYS - None The motion was carried unanimously . Chairman Austen noted that they had already listened to a pretty good summary of the uses of the property . He added that the public hearing was still open , with no one wishing to speak , the public hearing was closed . With no further discussion , Chairman Austen asked for a motion on the matter . MOTION By Mr . Edward King , seconded by Mr . David Stotz . RESOLVED , that , for the appeal of Elizabeth Classen and Patricia Classen , DBA Denmark Development , Inc . and Classen Home Health Associates at 704 Five Mile Drive , for an area variance from the requirements of Section 21 of the ordinance for R- 30 Districts that requires the front yard setback of not less than 30 ' ( the building on the site has a front yard setback of only 10 ' , but it has existed long before the ordinance ) , the Board grant an area variance approving that the 10 ' setback is adequate under Section 21 . Chairman Austen asked for a vote on the area variance , which resulted as follows : AYES - Austen , King , Ellsworth , Stotz , Scala . NAYS - None . The motion was carried unanimously . MOTION By Mr . Edward King , seconded by Mr . Scala . RESOLVED , that the Board grant a use variance for the proposed use of the property at 704 Five Mile Drive , changing it from single - family , residential to use as an adult residential care facility , as well as an adult day care facility . 1 This would permit the enlargement of the property and the use for those purposes , upon the following findings and conditions : 1 ) That the applicant has demonstrated to the Board ' s satisfaction unnecessary hardship in the restrictive use of this particular property and his ability to realize reasonable value for it without the grant for special use . 2 ) Under the applicable regulations , the applicant cannot obtain a reasonable economic return for the property . The hardship to this property is unique and it is the only one immediately opposite the school bus garage and the Town park , and it is in a mixed- use area , which has the effect of devaluing the property generally as a residential property . 3 ) The requested variance would permit its use for adult residential care and adult day care and would not denigrate the character of the neighborhood and is a use that is needed in the community . The hardship has not been self - created . Town of Ithaca 2E5 Zoning Board of Appeals d - 4 , May 10 , 1995 4 . The applicants present the matter to the Town of Ithaca Planning Board for its approval upon a specific , detailed site plan , with such details as the Planning Board might require . 50 The variance would not be effective unless , and until , the above -mentioned site plan approval is granted by the Planning Board and that would include the approval of the proposed additions and the extent of the use of the property . 6 . It is understood that the title to the property would , if these approvals are obtained , be transferred to Denmark Development , Inc . 7 . The proposed use and the proposed operators must be approved by the State Department of Social Services and any other appropriate regulatory authorities . 8 . The existing building and proposed addition would be brought into compliance with all applicable codes , including the New York State Uniform Fire Prevention and Building Code . 96 Neither the original building nor the addition would be occupied until a certificate of occupancy is issued by the Tom of Ithaca Building and Zoning Officer . Mr . Stotz asked if the facility were sold in the future , could it be used for adult day care but not for child care ? Attorney Barney answered that to be correct . Chairman Austen asked for further discussion ; there was none . Chairman Austen then asked for a vote on the motion , which resulted as follows : AYES - Austen , King , Ellsworth , Stotz , Scala . NAYS - None . The motion was carried unanimously . The last case to be heard by the Board was as follows : Apueal of Anthony Augustine , Appellant/Owner, Jeff Frederickson , Agent , requesting authorization from the Zoning Board of Appeals under Article %II , Section 54 of the Town of Ithaca Zoning Ordinance to be permitted to construct an 18 ' % 16 ' enclosed porch at the rear of a non-conforming building located at 1413 Hanshaw Road , Town of Ithaca Tax Parcel No . 70- 12- 12 , Residence District R- 15 . Said building is non- conforming since it has a 14 ' east side yard building setback ( 15 ' required ) . Mr . Frederickson told the Board that the porch currently is a patio that has a shed- style fiberglass roof over it . He referred to the picture in the packets . Mr . King asked Mr . Frederickson if the existing patio / porch would be enclosed . Mr . Frederickson stated that they are going to take down the existing shed- style roof and build a gable - style roof , which is much more attractive . It ' s going to be more of a permanent structure . Then they are going to enclose the three walls with windows inside , etc . It will be a seasonal room . There will be storm windows , but the room will be unheated . Chairman Austen asked if it would require any modifications to the doors and the existing house . Mr . Frederickson said no , they would still use the exterior door going out onto the patio and they are also going to put a storm door onto the new wall to access the backyard from the patio . ri - Rev . 10 / 5C Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART 1 — Project Information ( To be completed by Applicant or Project Sponsor ) 1 . App bcalt /Sponsor : 2. Project Name : Denmark Develo ment Inc . iClassien Adult Care / Bridges 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : 704 Five Mile Drive Tax Parcel Number : 31 - 4 - 2 4 , is Proposed Action : NEW ❑X EXPANSION a MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other i relevant items) : j See explanation of project , site plan , survey and application ( attached ) i I I ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) i F, . Amount of Land Affected : Initially (0-5 yrs) Acres ( 6- 10 yrs) Acres W O yrs) 2 . 74 Acres 7 . How is the Land Zoned Presently ? r. ` I 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES NO 7 If no , describe conflict briefly : See intended use zoning variance needed : in project explanation attached . I 9 . Will proposed action lead to a request for new : j Public Road 7 YES NO a Public Water ? YES NO a Public Sewer ? YES NO 10 . What is the present land use in the vicinity of the proposed project ? Residential © XQ Commercial ❑ Industrial Agriculture Park /Forest /Open Space �X Other Municipal Services Please describe : Mixed use : multiple residence ; municipal services ; residential I . Does proposed action involve a permit , approval , or funding , now or ultimately from any other governmental agency (Federal , State , Local) ? YES 5XI NO r7 If yes , list agency name and permit /approval/funding : New. York State Department of Social Services - permit or license 12' . Does any aspect of the proposed action have a currently valid permit or approval ? YES NO a It yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . I I i CERTIFY THAT THE INFORMATION PROVIDED ABOYE IS TRUE TO THE BEST OF MY KNOWLEDGE I I Applicant /Sponsor Name (Print or Type) : Denmark Development in I Signature : i ` Date : I by Elizabeth Classen , President PART 11 - ENVIRONMENTAL ASSESSMENT o be completed by the Town; Use attachments as nee ,) A. Ooes proposed action exceed any Type I threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law? eS � wz NO XX It yes, =ordinate the review process and use the full EAF. S. Will proposed action receive cccrdinated review as provided for unf'�sled actions in 6 NYCRR , Part 617. 6? YES NO yX If no. a negative declaration may be superseded by another involved acencf. if anv. I C. Could proposed apron result in any adverse effects associated with the following: (Answers may ,%a hancwnttsn !f 'egtble) C1 . Existing air quality, surface ar groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal , potential for erosion, drainage or flooding problems ? Explain briefly: See attached . CZ Aesthetic, agricultural. arc:^, aeolcgical, historic, or other natural or cultural rescurcas? Community or neighbcrrccd charac:e(? Explain briefly: See attached . C3. Vegetation cr fauna, fish, shellfish, or wilclife spaces , significant habitats , unique natural areas, wetlands, or threatened or endangered species ? Explain briefly: See attached . C4. The Town's existing plans or goals as offic:aily adopted, or a change in use or intensity of use of land or other natural resources ? Explain triefly: See attached . C50 Growth , subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly: See attached . Co. Long term, short term, cumulative , or other sifec:s 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 . 0. Is there , or is there likely to be, controversy related to potential adverse environmental impacts ? YES NO XX If yes, explain briefly: E. Comments of staff XXX, CAC , other attached. (Check as acolicable.) PART 111 - DETERMINATION OF SIGIVIFiCANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect Idendfled above, determine whether It Is substantial, large. Important, or otherwise signlffmm Each ettsct should be assessed In ccinnectton with its (a) semng Us. urban or Waal) : (b) probability of occurring: (c) duration: (d) Irreverslbillty0 (e) geographic scope: and (17 magnitude. If necessary, add attachments or reference supporttng materfals. Ensure that explanadcrts contain sumcfent detail m show that all relevant adverse Impacts have been Idendited 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. �X,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. qr Town of Ithaca Zoning Board of Appeals CLIA Name of Lead Agency Prepa6p s Signature . (if different from Responsible Officer E&ar'd Austen , C ha i ana rn N the of Responsible Officer in Lead Agency Signature of Contributing Preparer Date , Signature of Responsble Officer in Lead Agency e . PART II - Environmental Assessment Elizabeth Classen and Patricia Classen , DBA Denmark Development , Inc . and Classen Home Health Associates , Appellants 704 Five Mile Drive Request of Interpretation from the Zoning Board of Appeals of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , and based upon the interpretation , a request for either a use variance or a special approval . 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 ? No significant impacts to air quality , water quality or quantity , noise , potential for erosion , or flooding problems are anticipated . Proposed action is the request for an interpretation from the Zoning Board of Appeals of Article V , Section 18 of the Town of Ithaca Zoning Ordinance , as to whether or not adult residential care and adult day care facilities are permitted at 704 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 - 4 - 2 , Residence District 11 - 30 . If it is interpreted that such uses are not permitted in R - 30 zones , then the appellant is asking for a use variance . If it is interpreted that such uses are permitted , then a special approval , as required by section 18 is requested . The property contains a non - conforming building with a front yard setback of 10 ' +/ - ( 30 ' required ) and therefore a variance from article V , Section 21 or an authorization ( to enlarge a non - conforming building ) from the Zoning Board of Appeals under Article XII , Section 54 , may also be requested . The existing house is 2 , 212+ square feet . The proposed addition would be 3 , 956+ square feet . Existing traffic patterns will be somewhat impacted . The adult residential day care , as proposed , would provide long term residential care including room , board , housekeeping , activities and supervision for 12 to 15 residents . In addition , an adult day care service is being proposed for approximately 1. 0 non - residents of the facility which includes personal care and supervision for a period not to exceed 24 hours . Anticipated vehicle ownership for residences is expected to be low . However , the adult day care in conjunction with the proposed number of employees can be expected to generate additional traffic . Employee and resident information was supplied by Patricia Classen on May 4 , 1995 in a telephone conversation . According to Ms . Classen , there will be three shifts in a 24 hour period , seven days per week . They are as follows : Four employees will work the 8 a . m . to 5 p . m . shift , two employees will work the 5 p . m . to 9 p . m . shift and two employees will work the 9 p . m . to 8 a . m . shift . This will generate approximately 25 vehicular trips per day , seven days per week . Family visitation to the residents can be expected on Saturdays and Sundays . This will generate approximately 28 trips on the weekends ( divided over the two days ) in addition to the 25 trips generated each day by employees . V 704 Five Mile Drive Page 2 Solid waste can be expected to increase somewhat with the addition of the proposed project , as compared to the existing single- family residential use . C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character? No significant impacts to aesthetic , agricultural , archeological , historic , natural or cultural resources , community or neighborhood character are anticipated . The surrounding neighborhood is mixed use . The Ithaca City School Bus Garages , the Tompkins County Highway Barns , single family residential , multi family residential , the Lehigh Valley Railroad and the Catholic Cemetery , among others , are examples of the surrounding land uses in this area . In addition , the property in question abuts Town of Ithaca parkland , which was recently acquired from Ephraim Tomlinson as part of the Glendale Farm Subdivision . The house in question , owned by Ralph E . Bacon , has been a single family home for at least 50 years and may have been used as a restaurant prior to that time . This home is one of the oldest and largest in the neighborhood . The proposed renovations could allow the building to maintain its integrity , while providing a service to the community which is not in conflict with surrounding uses . It should be recognized that the proposed addition will substantially increase the developed portion of this site . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or endangered species ? No known rare , threatened , or endangered species , or significant habitats exist at the site . However , should a variance ( to enlarge a non - conforming building ) be granted , and the addition to the structure be built as proposed , three very large maples will have to be removed ( a 34 " diameter maple , a 14 " & 16 " diameter double maple and a 32 " diameter maple ) . Staff suggests that the appellant take care to preserve as much of the mature vegetation on the site as possible , as the existing vegetation is an integral part of the character of the site and should be preserved . 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 ? This project presents no significant impacts to the Town ' s existing plans . See C5 for changes in use and intensity of use . The Town of Ithaca Comprehensive Plan ( September 1993 ) designates the site and surrounding area as " Suburban Residential , " which recommends housing densities in the range of one to five housing units per acre . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action? The residence will change from a single family residence to a 12 to 15 bed adult residential care facility with up to 10 additional persons in the adult day care program . Changes will also occur with the proposed addition for associated offices , cooking and dining facilities , common rooms , outdoor sitting and recreational areas , among others , as well as proposed site modifications including parking and increased pavement for drop - off and pick - up , increased traffic from employees , residents , resident visitors , deliveries to the building , and other associated uses . i r r 704 Five Mile Drive Page 3 C6 . Long term , short term , cumulative , or other effects not identified in Cl - 05 ? Refer to C5 above . C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? Some increase in energy consumption can be expected with the proposed addition and usage of the site . 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 . It is recommended , however , that a more detailed site plan be prepared and submitted to the Planning Board for review and approval , so that issues such as parking , drainage , lighting and buffering can be more fully addressed . Because the project site abuts Town of Ithaca parkland , it is imperative that potential impacts on the parkland be minimized . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : JoAnn Cornish , Planner II Review Date : May 5 , 1995 C:: : \JoAnn\704FIVMI _ EAF p f 704 FIVE MILE DRIVE PROPOSED USE I have become aware of the proposed use of the "Old Hundred" house at 704 Five Mile Drive as presented by the Classens. The Classens plan to transform the house into an elegant, home-like residence for a small number of partially dependent older adults ( 12 residents) and senior day dare. We are aware that their plans will necessitate an addition to the south side of the house. The addition will be consistent with the character of the house. New signage will also be required . As neighbors, we are in favor of the planned use of this historic home. 4z, ( Print Name) (Signature) (Address) VVIZEWE ( Print Name) (Signature) (Address) —/ .e � 4 y ! 1 2. ��-try✓ � / ' GTi�✓ `l� % C� �ti-�- / - `"` 4- {l�lT , ( Print Name) Sign (Address) ( Print Name) (Signature) (Address) 4 W ��� �t �Sh ,� � � 1 v-e r Le ( Print Name) (Signat e) (Address) s Ajt4a d At-( bclvc ( Print Name) tel (Signature) (Address) ( Print Name) ( Signature) (Address) ( Print Name) (Signature (Address) 704 FIVE MILE DRIVE PROPOSED USE I have become aware of the proposed use of the "Old Hundred" house at 704 Five Mile Drive as presented by the Classens. The Classens plan to transform the house into an elegant, home-like residence for a small number of partially dependent older adults ( 12 residents) and senior day dare. We are aware that their plans will necessitate an addition to the south side of the house. The addition will be consistent with the character of the house . New signage will also be required . As neighbors, we are in favor of the pla ed use of this historic home. I)OVA 9 OW i L //z 46) FM zzt �t 10 ( Print Na e (Signature) (Address) " ` - "VI C Cot% U �A 51�� " �� ( Print Name) (Signature) (Address) ( Print Name) (S gnature) (Address) G A, ,Ae ( Print Name) (Signature) (Address) kgrh . ILACP !2 , . fffilE Pk ( Print N Yn4 (Signature (Address) Cav►S E , coo ►-� C „ CS. . C�ak za C* - . 2A, ( Print Name) (Signature) (A dress) r CCL9 Ca 44 aLx0. ( Print Name) (Signature) (Address) ( Print Name) (Signature) (Address) a � a� THt:.-- UOOL OFFICE V / qq 99 R W. WOOD & SON , INC . TOWN Gr i i ; ; ACA �yQ. ' 13V 5520 124 E . COURT STREET, ITHACA , NEW YORK 14851 ( 60iG rJj gONING TO : ANDY FROST CODE ENFORCEMENT OFFICER TOWN OF ITHACA V I / V FROM : DAVE FERRIS t PRESIDENT , THEW OF ICE SUBJECT : DENMARK DEVELOPMENT CORP . ^ � BRIDGES PROJECT This letter is to inform you of my strongest possible support for approval of the above project . I have known Patti and Elizabeth Classen for a considerable length of time in both a personal and professional capacity . On two separate occasions I have had to use the services of Classen Home Health to take care of an elderly person 24 hours a day over an extended period of time . There are people in the business of taking care of the elderly and then there are the Classens . Patti and Elizabeth bring a whole new dimension to the meaning and standard of elder care . Their business acumen is tremendously enhanced by a personal empathy and commitment beyond the business aspects of elder care . It is a philosophy of people first that extends through their entire operation and the . personnel under their direction. The demographics now and projected for the future demonstrate the need for this kind of facility where our senior citizens can reside with dignity , respect and in the warmth of a facility that duplicates their own homes . " Old One Hundred " , expanded per their plans , and under their care and direction, will provide our senior citizens with a model facility to spend their final years . As a business leader and community member I can think of no finer pair to be operating this type of facility in our county . As a board member of Tompkins County Area Development, Inc . I know how highly regarded Patti & Elizabeth are by the economic development leaders of this county . It was not by accident that they were honored by the Tompkins Chamber of Commerce . I request that you convey my thoughts to all appropriate boards and individuals who are involved in the decision process to grant their request . A prior business committment precludes my attendance at the the hearing . Thank you for your assistance . —Insurance and Risk Management Since 1853— -H R U C E Do ® V UL S (O Attorney and Counselor at Law Suite 305 , Clinton House 103 West Seneca Street Ithaca, New York 14850 Telephone (607) 273 - 7726 Fax (607) 273-0822 April 10 , 1995 Andrew S . Frost Edward Austen Building Inspector Chairman of Board Zoning Enforcement Officer of Zoning Appeals Town of Ithaca Town of Ithaca 126 East Seneca Street 126 East Seneca Street Ithaca , New York 14850 Ithaca , New York 14850 Re : Appeal to BZA for use variance Premises located at 704 Five Mile Drive Applicants : Denmark Development Inc . Tax parcel # 31 - 4 - 2 Dear Sirs : Jb D`` -r�� Enclosed herein please find check # in the amount of $ 80 . 00 along with one ( 1 ) original and ten ( 10 ) copies of the following : 1 . Appeal application with attachments 2 . Short Environmental Assessment Form 3 . Exhibits A through H I understand that this matter has been scheduled for a hearing in front of the Board of Zoning Appeals on May 10 , 1995 at 7 : 00 p . m . If you are in need of anything further , or have any questions or concerns before the hearing date please feel free to contact my office . Very trul rs , BRUC D . WILSON BDW : flu Enclosures CC : Denmark Development Inc . TOWN OF ITHACA FEE : $80600 126 East Seneca Street RECEIVED : Ithaca , New York 14850 - ( } ( 607 ) 273- 1783 CASH 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 : use the premises for Adult Residential Care and Adii l_t_ Day Care with additions at 704 Five Mile Drive Town of Ithaca Tax Parcel No . 31 - 4 - 2 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 ) 18 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 . ) See attached 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 : Date : Signature of Appellant/Agent : G YID — Y ' Date : by E izabeth Classen , President Print Name Here : Denmark Development Inc . Home Telephone Number : Contact Bruce Wilson P _ 607 ) 277 - 1342 Work Telephone Number : ( 607 ) 273 - 7726 QT984 If construction of work in accordance with any variances given does not cosaeace within 18 wosths , the variance will eroire . APPEAL TO TOWN OF ITHACA BOARD OF ZONING APPEALS REQUESTING USE VARIANCE BASED ON UNNECESSARY HARDSHIP APPEAL This appeal is from the denial by the Town of Ithaca zoning officer for the use of the premises located at 704 Five Mile Drive in the Town of Ithaca for adult residential care and adult day care . The basis of denial was said uses not being permitted in a R30 district . The premises are located at 704 Five Mile Drive , being tax parcel # 31 - 4 - 2 , and are located within a R30 district . A building addition was also needed to allow the requested use . PRESENT USE The premises are presently owned by Ralph E . Bacon and is presently vacant with Mr . Bacon presently residing in Florida . Mr . Bacon and his now deceased wife had previously resided in the said premises for over 25 years as a residential use . APPLICANT The premises are presently under contract for sale by Mr . Bacon to Denmark Development Inc . for the purchase price of $ 167 , 500 . 00 with owner financing . Denmark Development Inc . is the corporate entity intended to hold title to the real estate , but is owned by Patricia Classen and Elizabeth Classen , who are the sole owners of Classen Home Health Associates Inc . , a well established health care service . The sale is contingent upon the buyer ' s being able to use the premises for their intended purposes being , an adult residential care home and for adult day care , both services of which would be licensed by the New York State Department of Social Services . Pursuant to the appropriate New York Statutes regarding Department of Social Services licensing , there are numerous requirements relative to the structure inclusive of living areas , common access , kitchens and a buffer between the residential units and the adult day care . As a result of these requirements the applicant will be required to place an addition onto the existing structure which would require any use variance to include said additions . The Department of Social Services permits adult day care called " Day Program " as a part of the residential operating certificate . See Department of Social Services Definitions on Exhibit List , 1 I CLAIM OF UNNECESSARY HARDSHIP The premises under the circumstances to be shown are incapable of any reasonable economic return for residential or other uses within said district . This lack of return is substantial as demonstrated by competent financial evidence , and as such constitutes an unnecessary hardship to the owner requiring a use variance . A ) Not saleable The owner has been unable to sell the premises for any permitted residential use under R30 . The owner originally listed the property for sale on June 17 , 1994 for the then listing price of $ 219 , 000 . 00 with RE /MAX Realty . That listing lasted through October 15 , 1994 . During that period of time the property was shown 15 times , according to realtor records and the recollection of Mr . Bacon , not a single one of which had a follow up visit during this period of time . It is not extraordinary that there were 15 showings during this period of time , what was extraordinary was that there were no follow up visits and not a single offer , verbal or written , was submitted to the owner . The property was listed again , this time with Century 21 Realty , from October 31 , 1994 until the present . The reduced listing price was $ 199 , 900 . 00 . Again , there were 18 showings during this period of time with no follow ups " after a visitation to the site location " and no oral or verbal offers were ever made as a result of said showings . B ) Location of the property relative to its surroundings . 1 ) The property is surrounded by the Tompkins County Highway barn and equipment , including plows , etc , which use a traffic pattern of Boswick Road to Five Mile Drive ; the route to Elmira Road and to the octopus . 2 ) It is surrounded by the Ithaca City School District with Ithaca City School buses running constantly in and out ( 180 days minimum a year pursuant to school requirements ) which means that the buses travel in the morning , come back , travel again in the evening and return , establishing a constant flow of bus traffic ; 3 ) The view from the dwelling is towards these county barns and Ithaca City School bus depot and municipal service areas ; 4 ) The property is further surrounded by 2 separate areas used and zoned for multiple residences ; 5 ) The vacant land adjacent is posted as the new site for the Assembly of God Church and may involve a large parking lot ; 2 6 ) The premises are near the Catholic Cemetery Association ( on both sides of Five Mile Drive ) , plus Glenside Monument Co . and is reasonably close in proximity to the railroad ; 7 ) The proposed Walmart project is being pursued nearby . Individuals visiting the dwelling site to buy a single family residence won ' t consider a purchase under these circumstances . Clearly this is attributable to the problems with the site location . The residence itself is a beautiful gothic structure which the owner has held as a private residence for over 25 years having acquired it in 1969 . The problem is it can ' t be marketed as a single family residence any more in light of changes to the surrounding area . As you know , the County barns are exempt from the zoning requirements of the R30 district it is in , as are the Ithaca City School District properties . This plus the later addition of multiple residence usages in surroundings areas ( under subsequent zoning ordinances ) isolated this property and it is no longer desirable or marketable as a single family residence . The property was actively marketed in Tompkins County and surrounding counties and also was marketed in the Harmon Home International marketing system . It was in 3 marketing journals during this period of time , but once individuals had visited this site there was no expressed interest . A total of over 30 showings produced no second visits and no offers . This is attributable to the location of the dwelling . In real estate valuation , location is everything . ( For a graphic layout of the neighborhood by location see Exhibit List ) , C . Loss of Value . The only offer ever made for this property was by the applicant which is Denmark Development Inc . on behalf of Classen Home Health Associates and that offer was conditioned upon its use as an adult residential home and was a purchase of $ 167 , 500 . 00 or down $ 51 , 500 . 00 from its original listing and 23 . 5 % down from the original listing price . Clearly , the owner has taken a close to 1 / 4 drop in value selling it to Classen Home Health Associates , but if he were not to sell it for that use it could not be sold at all under R30 usages without further loss . Any attempt to sell it for a single family residence would be a substantial reduction in addition to the reduction already under contract due to the negative location caused by no fault of the owner . There are no comparable recent sales on Boswick Road or on Five Mile Drive in the recent past . Even an attempt to market the property as a bed and breakfast , which is not a permitted use , was unsuccessful . The Exhibit List shows the attempts to market the property , being the cover issues for December and November 1994 showing the building as the pictorial jacket cover of the publication . Again , this 3 incurred interest in showing the property but upon seeing the location of the site no follow up . The owner has invested $ 33 , 800 . 00 dollars into the building showing a substantial capital investment as a residential use . This investment , however , cannot be recouped based on the inability to sell the premises in this residential zoned area . It also should not be ignored that a house of this size , age and type is hard and expensive to keep up , heat , and this is a reason to make it undesirable for single family use . In the 1940 ' s prior to zoning , the premises were used as a restaurant according to local history . Since the late 19401s , however , it has been used as a single family residence . There are no permitted uses within the R30 zone that are applicable , nor could the premises be converted easily to any other function other than multiple residence use . It is the intention of the buyer ' s , should the zoning variance be approved , to preserve the historical greek revival style and pleasing architectural design that has been this building ' s unique history . it is impossible to find someone who will be willing to take on the major upkeep and costs connected with such an older building without it also being in a proper site location consistent with the residence . The unnecessary hardship alleged is the failure to be able to sell the property as a single family residence and realize a reasonable return for the property . The owner has reduced his price greatly . Should he be forced to sell it as a single family residence its value would be reduced substantially again due to the disadvantages associated with the site location . The Exhibit List shows the realtor letter , which should be viewed as competent financial evidence and proof of a substantial lack of return creating the unnecessary hardship . UNIQUE TO DISTRICT The owner ' s hardship is unique and not a precedent or applicable to a substantial portion of the district or neighborhood given the history of the property and the surrounding area . ( Section 267 ( b ) Town Law ) . The fact pattern is unique to the present location and has come about largely due to the Ithaca City School District and Tompkins County being exempt from zoning rules . They decided to locate their municipal services and major transportation for the county and school district in close proximity to the owners residence . Clearly this is a unique situation and is not typical as to all residential dwellings within the R30 district . The fact is that nowhere else in the R30 district is there so much commercial activity over which the zoning laws have no control . 4 CHARACTER OF NEIGHBORHOOD The essential character of the neighborhood will not be altered by a use variance given the site location . As a practical matter the intended use fits closely with permitted uses within an R30 district in that the R30 district permits day care centers , dormitory accommodations , nursing or convalescent homes , as well as day care homes , group day care facilities and group family day care homes . Although the requested use does not technically fall within the above definitions , clearly it is consistent with the tenor of the district as laid out in the ordinance . The neighborhood itself has 2 zones on both sides of Five Mile Drive within close proximity to this residence which are zoned for multiple residences which also is in keeping with the requested intended use for an adult residence . The surrounding neighbors are supportive of this use variance showing their view that it is not out of character and support the proposed use and addition . ( See exhibits ) . The essential character of the neighborhood will in fact be hardly altered given the premises site location and close proximity to the various municipal services and transportation facilities as well as other multiple residence uses . Although the allowed uses under R30 come close to the intended use of this application , the zoning officer has determined that the definitions of uses do not technically fit adult residential care and adult day care . It is of note that nowhere in the Town of Ithaca ' s zoning ordinance is adult residential care or adult day care provided for . Neither in the R30 nor in any other zoning classification under the Town of Ithaca ' s ordinances does the ordinance provide for this essential and necessary community need . The state department of Social Services licenses and regulates both adult day care and adult residential care . Clearly , it is in the state public policy to have such care within each community and an oversight on the part of the ordinance to omit the need for adult day care and residential care . Although day care is provided for , under the def initions of R3 0 def ining day care homes and group day care facilities and group family day care home , these according to the zoning of f icer only apply to persons under the age of 18 years . Clearly , this reflects some form of age discrimination providing for day care and residential care for children but not for senior citizens in the community and by omission impliedly zoning out such community needs . ( See attached letters from Office of the Aging and Tompkins County Trust Company ) . The suggested use is not only consistent with the existing character of the neighborhood as it presently exists and had evolved over time ( as a result of the creation of the town barns and school district busing , etc . ) , but actually will improve the 5 V. character of the community providing a necessary social need for our elderly and a pleasant and warm environment . HARDSHIP NOT SELF CREATED Pursuant to Town Law Section 267 ( b ) , the applicant is required to show that the hardship is not self created . Mr . Bacon , as owner of the property , has used the premises for a residential dwelling for over 25 years . At the time of his initial purchase of the property in 1969 the surrounding locale was conducive to residential single family homes . Subsequent to that time and through no fault of his own , the immediate area surrounding his home acquired multiple residence zones on either side of Five Mile Drive . Furthermore , through no fault of his own , the Ithaca City School District moved in a major school bus and maintenance facility of huge proportions involving literally hundreds of bus runs per day running immediately past the residence at all hours . Furthermore , at no fault of his own , the surrounding premises have acquired the Tompkins County Highway Department ' s barns and facilities and maintenance shops involving trucks , snowplows , gravel dispensers , and other heavy equipment , creating loud noise , fumes and being visually distasteful and which involve traffic of all hours of the day and night . It is difficult to blame the present owner of the premises for these changes that have occurred during his residency at his home . I believe that the hardship that has been described has not been self created under the statute . CONCLUSION The history of the property shows the inability to sell it without a substantial lack of return which constitutes an unnecessary hardship based on the financial evidence . Every effort has been made to market the property and although a substantial number of people have viewed the site , as soon as they have seen the buildings location relative to the county barns and Ithaca School District bus facilities it has become clear that no one was willing to make a purchase offer for it as a single family residence . The owner has already taken under the existing purchase offer a loss and were it not given a use variance , would be subject to a substantial further financial loss due to the negative site location . It is clear that the failure to provide for adult residential care and adult day care in the ordinance in any zone must have been an oversight since you cannot zone out all intended adult residential care or adult day care from a municipality . It is in the interests of the community to have such services as reflected 6 in the state Department of Social Services statute declaring it a public policy to be promoted . The financial loss creating the unnecessary hardship was , as shown above , not self created and is unique to the district , further the use is still in character with the neighborhood and in fact in character with the R30 companion uses for child day care and child group homes as well as the permitted uses for convalescent homes and group family day care homes , and group day care facilities referred to in the R30 zone . It is clear that Mr . Bacon , even after extensive marketing and price reduction , is unable to sell his home without tremendous financial loss and unnecessary hardship establishing the necessary requirements for the use variance for the intended use of these premises for residential adult care and adult day care accordingly . Respectfully submitted , BRUCE D . WILSON Attorney for Denmark Development Inc . Classen Home Health Associates Inc . , Applicant 103 W . Seneca Street , Suite 305 Ithaca , New York 14850 ( 607 ) 273 - 7726 - phone ( 607 ) 273 - 0822 - fax Enclosures : Exhibits A through H CC : Andrew Frost , Ithaca Town Zoning Officer Edward Austen , Chairman of the Board of Zoning Appeals 7 �1y OF IT� _ _ 9 TOWN OF ITHACA n � 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747 MEMORANDUM T0 : Zoning Board of Appeals DATE : May 2 , 1995 FROM : Andrew S . Frost , Building Inspector / Zoning Enforcement Offic r /Q! RE : Classen Home Health Associates / 704 Five Mile Drive The appeal of Elizabeth and Patricia Classen dba Classen Home Health Associates / Denmark Development , Inc . for their proposed adult residential care and adult day care facility at 704 Five Mile Drive ( R- 30 zone ) , involves numerous zoning procedures as follows : 1 ) An interpretation by the Board as to whether or not Article V . Section 18 allows the proposed use . The Zoning Ordinance specifies day care homes , day care center , and nursing or convalescent homes as permitted uses . The " definition " sections of the Zoning Ordinance ( page 8 ) defines day care specifically as care for children ; however the definition of day care center ( also page 8 ) states a " day care center as a facility , home or other establishment licensed by New York State Department of Social Services , at which day care is provided for hire and which is not a school , day care home , group day care facility , or group day care home . " While the " day care " in all these cases is specific to " children " , the term " day care center " does not mention the word children . Since the definition of " day care center " uses the words " which is not " I believe it can include adults . The adult day care operation would have a New York State Department of Social Services license . The definition of " nursing or convalescent home " ( page 5 of Zoning Ordinance ) is not clear as to whether or not it allows adult residential care , since it allows sick or infirmed persons to be lodged but would not allow " mentally deficient " . There seems to be a contradiction here , since a nursing home clearly serves the elderly , who in so many cases , if not all , have some degree of dementia ( not to be confused with mental illness ) . In any event , I find it extremely troublesome that the ordinance distinguishes between sick/ infirm and mentally ill / deficient . I believe that the residents who would use the Classen ' s facility are generally in reasonable health but due to their age are in need of some supervision . Should the Zoning Board interpret Classen ' s proposed uses are allowed under the ordinance , then beyond your interpretation , they are asking for a Special Approval , under the terms of the ordinance , Article V , Section 18 . If it is interpreted that the proposed uses are not permitted , then a use variance is requested from Article V . Section 18 . 4 � L . 2 - However , the Board interprets the use , since the existing building on the property is located 10+ feet from the road right-of-way , ( 30 foot front yard setback required ) , a special approval for a non-conforming building , under Article XII , Section 54 may also be required . Also possible is an area variance to permit the building to be 10 feet rather than 30 feet at the front yard . If you determine the proposed uses are permitted under the ordinance , then a site plan approval must also be obtained from the Planning Board . In any event , you still might also impose a condition with any of the actions that you take , requiring a Planning Board site plan approval . Finally , any approvals you give must be contingent upon the proposed project complying with the New York State Uniform Fire Prevention and Building Code . The preliminary building plans that I have reviewed indicate some deficiencies with regard to compliance including , but not limited to , a prohibition of mixing residential care and day care occupancies in a wood frame structure . -HR U CLE De Wv YLSO Attorney and Counselor at Law Suite 305 , Clinton House 103 West Seneca Street Ithaca, New York 14850 Telephone (607) 273-7726 Fax (607) 273 -0822 April 12 , 1995 RECEIVE Andrew S , Frost APR 14 , 1995 Building Inspector Zoning Enforcement Officer TOWN Of 11 HACA Town of Ithaca BUILDING/ZONING 126 East Seneca Street Ithaca , New York 14850 Re : Appeal to BZA for use variance Premises located at 704 Five Mile Drive Applicants : Denmark Development Inc . Tax parcel # 31 - 4 - 2 Dear Mr , Frost : Thank you for your comments and suggestions at our meeting in regard to the pending application before the Board of Zoning Appeals . In regard to your concerns relative to the set back of the existing building owned by Mr . Bacon , ( being a nonconforming structure in that the present porch as shown on the survey may not be a full 30 feet set back from Five Mile Drive ) I ask that you please add to the Boards consideration , for purposes of the application , a Y• Pfil_ZPCt fir_ apnrn� ra._l . . iix? ri.ar Ay- ti.Cl . e v-II Get' t1. ^n rja ,.. n� c, �. ;. , r= tv alterations to nonconforming uses . This would include an Article V Section 21 ( front yard ) variance with the Article V Section 18 for use variance and area variance of the structure . Permitted uses under Article V Section 18 of the Zoning Ordinance allows by special approval of the Board of Zoning Appeals under 3 ( b ) and ( g ) a day care center and a convalescent home respectively . We would request an interpretation of the ordinance to view the proposed use as a permitted convalescent home with an attached day care center as set forth in Article V Section 18 ( 3 ) b and g . A day care center can be interpreted to include adult day care ( which is as defined under Article I ( 1 ) # 43 ) in that it is licensed by the New York State Department of Social Services providing day care and does not specifically recite child day care or adult day care . 1 Further , we ask the Board to interpret a convalescent home to include the proposed use in as much as the premises will be providing a home with service of meals and care for adults , which may from time to time involve nursing visits ( definition under Article I ( 1 ) 16 ) A Department of Social Services approved adult supervisor would be residing in the residence who would be capable of supervising such requirements . If these interpretations are made , we then request BZA special approval under those definitions accordingly . Although the questions of use variance , area variance , and interpretation of existing ordinances are in essence alternative approaches given the application ' s nature , I ask for purposes of Board consideration they be raised , in addition to the use variance request already addressed . Please advise if anything further is needed relative to the application to cover all possible concerns of the Board . Respectfull ubmitted , 1 BRUC WILSON BDW : flu CC : Patricia Classen Elizabeth Classen MEMORANDUM To : Members of the Zoning Board of Appeals From : JoAnn Cornish - Planner H Date : May 5 , 1995 RE: Proposed Adult Residential Care and Adult Day Care Facility 704 Five Mile Drive After review of the material submitted by Bruce D. Wilson, Attorney for Denmark Development Inc. , for Classen Home Health Associates Inc. , Applicant for the proposed adult residential care and adult day care facility to be located at 704 Five Mile Drive, Town planning staff, while agreeing in concept with the proposal, would like to point out several informational errors in the submitted information . Please refer to the " APPEAL TO TOWN OF ITHACA BOARD OF ZONING APPEALS REQUESTING USE VARIANCE BASED ON UNNECESSARY HARDSHIP" , page 2. submitted by Mr. Wilson . B ) Location of the property relative to its surroundings. 1 .) The property is surrounded by the Tompkins County Highway barn and equipment, including plows , etc . which use a traffic pattern of Bostwick Road to Five Mile Drive ; the route to Elmira Road and to the octopus. Tompkins County owns a 23 . 14 acre parcel across Bostwick Road approximately 750 feet northwest of the property in question. This does not constitute being " surrounded" which would indicate it being on all sides. 2 .) It is surrounded by the Ithaca City School District with Ithaca City School buses running constantly in and out ( 180 days minimum a year pursuant to school requirements) which means that the buses travel in the morning, come back, travel : again in the evening and return , establishing a constant flow of bus traffic ; Ithaca City School District owns a 5 . 93 acre parcel across Boswick Road which extends west along Bostwick Road approximately 890 feet. This property is adjacent to the Tompkins County property further to the west. Again this does not constitute being surrounded. Bus traffic is referred to as being constant. By the applicant' s own admission in the above statement No. 2, the buses have a morning and evening exiting and returning schedule . This does not constitute constant - which would imply a steady traffic flow of buses during school hours. Classen Memorandum to ZBA page 2 3 .) The view from the dwelling is towards these county barns and Ithaca City School bus depot and municipal, service areas ; One view, the view looking north from the side of the house, is that view which encompasses the Ithaca City School District property and the Tompkins County property . Views to the east and south are of single family homes . To the west is +/- 8 . 3 acres of Town park land. (This parcel is not the First Assembly of God Church site as indicated in 5 . ) 4 .) The property is further surrounded by 2 separate areas used and zoned for multiple residences ; The property in question (the Bacon property) is adjacent to single family residential on the east and south sides. To the west is Town of Ithaca park land. The multiple residence parcels being referred to are : a 7 . 85 acre parcel of vacant land located approximately 500 feet south of the Bacon property , and a 1 .78 acre parcel located approximately 270 feet south and on the other side of ; Five Mile Drive and contains five single story units. Again, this does not constitute surrounded. S . ) The vacant land adjacent is posted as the new site for the Assembly of God Church and may involve a large parking lot; The appellant exhibit B shows the First Assembly of God Church parcel to be a 23 .47 acre parcel which is incorrect. Please see attached drawing entitled "Glendale Farms Subdivision , Final Plat" dated 3/ 19/94. The 8 .308 acre parcel immediately to the west of, and adjacent to the Bacon property, is land which has been deeded to the Town for public park dedication. To the west of this park site, and adjacent to it, is the First Assembly of God Church site which is +/-6.415 acres. The site plan entitled "First Assembly of God, Ithaca, New York" dated 6/27/94, (attached) shows the proposed 200 car parking lot to the west of the proposed church. The location of the church, as shown on the site plan , will virtually block all views of the parking lot from the Bacon property. 6.) The premises are near the Catholic Cemetery Association (on both sides of Five Mile Drive) , plus Glenside Monument Co. and is reasonable close in proximity to the railroad; The Catholic Cemetery Association owns two parcels of land approximately 600 feet to the north of the Bacon property : a +/- 44. 2 acre parcel on the west side of Five Mile Drive and an undeveloped +/- 9 acre parcel directly across Five Mile Drive from the developed portion of the cemetery. Glenside Monument Co. is located to the north in the City of Ithaca and is in excess of .75 miles from the Bacon property. The railroad is located approximately 600 feet to the east Classen Memorandum to ZBA page 3 and separated by Five Mile Drive and single family homes. 7.) The proposed Walmart project is being pursued nearby ; The proposed Walmart site is located to the east and on the Elmira Road. The proposed location is ' shown on the attached drawing entitled "Southwest Area Landuse Study, Proposed Landuse and Bicycle Routes " . 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M y t � � R K ai I „ «, � ` .W MC t .K•CLJI M 5 ■ � 79 YID n s1/ ` I I C� I I I p I z CID < <: - -� �,� fld7r IK YnN QS_ � C7 yy a S Z r vAY bnrrta I Y wror p a nn Z 6 t �W wPd! d1FMr-j• Hio t -I �� �air Ito 7 a Lt at` f! ' I/ 0/"'I� ,dd✓ — 1 ' PAY. , 't7Yd 01 ,M;ftr 1 0 10 01 f ( t 'l a p S)" a as u1 t .x suv M `� A w 1 x1 mw laru era 1 01 40 rn l .IC.vt11 Y i 10 R/ t .I M � - Qy i O - j 31 if _4 . .. . . _ _ . . lJ x ! , I Q e r t .v xatla I.t .xst v I vc li 1 . ul .xnr - nn f \ I t } C3 %41 91 &4 It 6/ If 411 of R \ Ito p ail t r ll All III' � �s ,p� It, M aw at low t 11 a1 . .Ian11 o t �.. . nd ' I M W � CP Bill , * u0N % B 011 I 1 i I � ' I . 7t I . a I -� 1, ppp J ( JL • I rr .p , � l ' btb •- I I 8 I I ' DEFINITIONS DEPARTMENT Shall mean the New York State Department of Social Services. ADULT HOME An adult home provides long-term residential care and services to adults who, though not requiring continued medical or nursing care, are by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently. An adult home must provide room, board, housekeeping, supervision and personal care. RESIDENCE FOR ADULTS Means an adult-care facility established and operated for the purposes of providing long-term residential care, room, board, housekeeping, activities and supervision to five or more adults, unrelated to the operator, who are unable or substantially unable to live independently. DAY PROGRAM Means an organized program for nonresidents of adult homes, which includes personal care, supervision and such other services which the operator is authorized to provide to residents of such facilities but which are provided for less than 24 hours during any period of the day or night. SERVICES FOR NONRESIDENTS IN ADULT HOMES Means an organized program of services which an operator of an adult home, is authorized to provide to residents of such facilities but which are provided to nonresidents who are aged or disabled for the purpose of enabling such persons to remain in or return to the community. Such services may include an organized day program, temporary residential care, or other services the facility is authorized to provide. OPERATING CERTIFICATION Shall mean a nontransferable document issued by the department to signify approval to operate an adult- care facility. Social Services Law and regulation provide that no adult home shall be operated without a certificate from the department of Social Services, and further, that facilities may be operated only in accordance with provisions of that certificate, including certified capacity, location, operator and services. APPLICATION Shall mean the process of submitting prescribed data and information to the department for an operating certificate for a proposed facility, or for the modification or renewal of the operating certificate of an existing facility. 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L•''1 `.'IF r 1}, • _'L :.gin .a!D . y. � < RY t} "•..• .v'�:.P9 s,}x, 3`2ur'�'s i�•tt, aa .� y., ^t p SrS Y;•r . 4'Iv iyq-,Un. r. •il�$-- tt}%.7, • . L r .. /t styc ,c.,r,��',*'` f}'rS' }ry< .0 ,{�' " ' , y rtlA t P " 13z R�5. 1 N57`S' Y.. ii 4�i4.Z.a,�;ydr(�,,• f .rsM' tJ xE _°.A.t�.. .i°-,'" FR' ,t" ,ciiS.Y,.J,1•r7,:. } 4r+ f +.-.ti' •. . . , r . t .;Yi1 ,' i^. ,MDhk > '*{I',YI. 1 .. rF, h, IFj rI i � 1 cr i' r�4 f(- xea r .""" i !`p.l:' •�'. ' .n. s....+iw. L . .L... e. "P_ Wagner Realty 306 North Cayuga Street Ithaca, New York 14850 Fax (607) 277-2454 Business (607) 277-3100 April 10 , 1995 TO WHOM IT MAY CONCERN : On June 17 , 1994 , and until October 15 , 1994 , ( 121 days ) , Mr . Bacon listed his property at 704 Five Mile Drive with Re/Max Realty for $ 219 , 000 . 1 believe it had approximately 15 showings with no offers . I will speak only for myself. I showed this property twice - = to two different families -- and both gave the same comment : " The house is beautiful , but the neighbors spoil it for us . " - - ( the neighbors being the big yellow school buses . ) On October 30 , 1994 , 1 , Richard Boronkay of Century 21 Wagner Realty submitted a comparative market analysis ( CMA ) and listed the property for Mr . Bacon . The CMA stated the following : Active Listings - - listings on the market of equal size only ; the style , features and landscaping of the Old One Hundred , are very unique and non - existant in the Ithaca area . These listings ranged between $ 195 , 000 and $ 249 , 000 . Sold Listings -- Listings recently sold of equal size only ; the other features are unique . The sold properties ranged between $ 185 , 000 and $ 215 , 000 . All these sold properties had an average difference of 4% from list price to sold price . I suggested that Mr . Bacon list his property for $ 199 , 900 . With the difference of 4% , he should have received an offer of about $ 192 , 000 . Thereafter I showed this property twice . One showing was to a family and the other time for someone wanting a bed and breakfast . I know it is not a permitted use , but the property had the features my customers wanted . I knew it once was a restaurant . Both these groups liked the house , but could not get the sight of the big yellow school buses out of their minds . In the next 100 days , the property was showed an additional 16 times for a total of 33 showings . Each Office Is Independently Owned And Operated The last bi -weekly statistics from the Ithaca Board of Realtors , Inc . , states the average difference between list price and sale price for all single family homes is 4. 95% and days on the market for an average of 99 days . All things being equal , Mr. Bacon should have received an offer from a family for about $ 190 , 000 to $203 , 500 in 99 days . Instead , he received an offer from a business for $ 167 , 500 in 221 days . This has been the only offer, and was not for use as a single family dwelling . It is my feeling this house can never be sold again as a single family home - - not because of the building or landscape, but because of the location -- not by any fault of Mr. Bacon , but because of the big yellow school buses that one sees for more than 360 days a year, and which have been placed there by the school district since Mr . Bacon purchased the property . Sincerely , Richard . Boronkay Lic . R . E . Salesperson 704 FIVE MILE DRIVE PROPOSED USE I have become aware of the proposed use of the "Old Hundred" house at 704 Five Nfile Drive as presented by the Classens_ The Classens plan to transform the house into an elegant, home-like residence for a small number of partially dependent older adults ( 12 residents) and senior day dare. We are aware that their plans will necessitate an addition to the south side of the house. The addition 'will be consistent with the character of the house. New signage will also be required . As neighbors, we are in favor of the pla ed use of this historic home. Dow L 1K 1 ( Print Na e (Signature) (Address) 6z Lloc ( Print Name) (Signature) (Address) ( Print Name) (S gnature) (Address) . { Print Name) (Signature) (Address) ( Print Name) (Signature) (Address) ( Print Name) (Signature) (Address) ( Print Name) (Signature) (Address) ( Print Name) (Signature) (Address) 704 FIVE MILE DRIVE PROPOSED USE I have become aware of the proposed use of the "Old Hundred" house at 704 Five Mile Drive as presented by the Classens . The Classens plan to transform the house into an elegant, home-like residence for a small number of partially dependent older adults ( 12 residents) and senior day dare. We are aware that their plans will necessitate an addition to the south side of the house. The addition will be consistent with the character of the house. New signage will also be required . As neighbors, we are in favor of the planned use of this historic home. zf Owe) ( Print Name) (Signature) (Address) )AVY17F�d (Ir Z ( Print Name) (Signature) (Address) ( Print Name) Signat e) (Address) � � n ( Print Name) (Signature) (Address) ( Print Name) (Signat e) (Address) ( Print Name) (Signature) (Address) ( Print Name) (Signature) (Address) ( Print Name) (Signature)) (Address) I Y ' i I I rn n � II rn � I I I II . O F- �I QZ LU LU TV All. tj E � I O I v I 'I I I I I U wtoo) -- - w I I I I 'I II : I i U q (s7zN U � O cod To p I E" Lo VJ L' o � 2 8 I .00000oz II � ardrott or SOP 4 ti. �•- � - / N \ fin • �y o to N N N L _ N — z { N � •- s Nj s r Q A . . cr Od one% i 6? > " o=`6-- - to �i . Vo � I • I ,V evilEPLAM FOR BRIV4E5 0f_ _T K Ac A _ 3 F/o MILIIAR`,f LOT 82 `fOVJM OF ITNACA 1 003-N OF -foMPKW'b '., AfF- of )JIEVI q orkV---- `�s '7 'fAX MAP K 0. 5I - 4 - 2 VEEb L- 4-Igo P. 4a15 X5 a a • EXISY1 M IRom PIPS ro- Uf I L l'N 'FO LE ?s w Q 5AI�IIYAR� SEER MA1090LE ® Z a\ a �y[ (. . .� MEASUREH69'f nP, REGORb I x "OEAMARK 'OEVELOPMEMT I111C. o 'L /v► s > z4'ST S Si lb v 7 L f . 'L� co EWER EA wW® r dc 0kit 4� �ic l 4�^ I„Vj•. P� ® WELL p r I1 I v J�' � vlP1/ v�• �tib .'• t� . J 9� I � �e�t ' � :: o 1 tc"N s Z �, W.F. s J � � GEOAR HOU�eb � S 0,'104 Flv iL o a 1U MILE't7A��E da Y LL, . ) •• � i Ex.�lotto• `` l �'�' `r x u+GA!•GkOAR Qw �N.N'f U'P'�IG 2 J o TER ` -,' •.FM1L•.. ,,, •: 'fAA1►C � a�Mi -_- v�cE O y r � ` � G6'OA0. AEOL�E 3 wx Ji A• � f� • ' SO"GAYAIPA �, U N s M1S` 16 3 Q p W o OUM W AR a z c 3L" WALMUT ' f A►1'D FOU�YAlr1 ® 31' ?, J 3 bo"wlt 1-1-0\4 a Q a` zL Ia 7 wALNUY, Q / 4oLE p Q tJ t— S cr` � � o• d � �I s o A 0. x 0 o Cl S Af 0 W J Y r _ Q d V S� Q AREA T.-i4 AC. i %fo GENTS;LIME ui �y - E{t4HWAY� l8"GHERRVO el �; � J o 4�uejf-cf •fo WFiLL e 'R1 A-t ' MT)lstlD��b lu tuttco b�>rb L.510 f P. 535 06 W ��IRhY Gouv>�t<`o ►� L. 2c,81P. 281 Y '`I •� Y r s VQALMOT `�11PLE }NAt�.A1UY : �-, . � � wAY _•ra �� �. S"a(.•''DOUBLE GEIDAR YoP of BAA1< 1 `• n� CIS"hV1L►►u. t2• t �/;\ �� 12' MAPLE to"crwRxV '� l l 22 HiGkoRY t� WAUJU �' K:tuJl POPLAR v`lALA1u-i° � WESTL C LGHo9-0 — l;0 0-21"1111� 210.tl3• LIME GREEK SEEM Al; ' ''•L-�S1} C2'13'� ro" prcuea C��TER LIAJE ��OO�' OAK- 13 AuYAW1 Amv TURCO N R .^ L. 510 '120 Fluff. MILE )7RNE KAACA, )AW YOLK 14850 UU'OER4KOUMV UTILITIES MOT LOCAIEb BV SURVE' YNO�->E sROWM REREM ARE A"ROX- MANZARI 8► REAGAN IMAYE 0AL4 , AAV ARE SU'4JEC-r To FIELV VERIFICATIoM LAND SURVEYORS ��?ycri�p&LAND : `ti: P.0•B 1124 `' DRYDEN , NEW YORK 13053 TEL : 607- 844- 8837 DATED= 4- 4 1995 r �. a'�ST•q . 049°"y�'F,;: DRAWN BY: WEL4E JOB 95. SCALE= I" = 40` N0. lZZ •• OF ITHACAgS Assisted Living for Seniors Acquiring the Ithaca property known as the Old Hundred House, at 704 Five-Mile Drive, will enable us to offer a greater number of older adults in the local community a welcome alternative to conventional residential care . Traditionally, older people who need moderate assistance with day-to-day living have had to rely on in-home care or make the difficult decision to enter a nursing home prematurely. For many semi-dependent elders and their families, neither of those options is desirable. We clearly understand their dilemma, and we ' re committed to giving them a more attractive option . This option will be known as Bridges of Ithaca, an elegant assisted living senior residence and adult day care service. Redefining Conventional bong Term Care. Bridges of Ithaca will differ significantly from conventional institutional settings. The number of residents in the new facility will be 12 - 15 . In addition to customized services and personal attention, residents will enjoy many of the comforts and conveniences they associate with living at home. Our goal is to create an environment similar to what our residents and their families might expect to find at the best bed-and-breakfast establishments : graceful architecture; elegant common rooms; distinctive furnishings; warm, comfortable private living areas; pleasant outdoor spaces; good food; caring people to offer needed help; and the easy ambiance of friendly social interaction . Innovation based on experience. We've been providing high-quality, in-home care to people in Tompkins County since 1986 . We enjoy an excellent regional reputation for our unparalleled professional standards and for the personal quality of our services. In 1994 the Tompkins County Chamber of Commerce selected Classen Home Health Associates as the small business of the year. We believe that much of the success of Classen Home Health Associates is the result of our commitment to understand and respond to the unique health care needs of all of our clients and their families. What we've learned, of course, is that conventional nursing homes--although perhaps well suited for people who need full-time care and attention--are usually not the best choice for people who need only moderate help . Because many adults need only daytime supervision, assistance, or social interaction, we' re establishing a service for non-residents where participants can spend from one to five days each week, interacting with others in a safe, pleasant, and stimulating environment . In some cases our adult-day-dare participants and residents will share staff and activities, so that full-time residents and day-care participants can enjoy each other' s company and take part in activities and events of mutual interest and benefit . We fully anticipate that this arrangement will enable some of our clients to make easier transitions from in-home care to daytime care to full-time residency in one of our facilities. At the same time, we also envision less stressful adjustments for our clients' family members at each of those transitions . All in all, we' ve arrived at a way to enable older adults to extend their active and semi- independent participation in family, home, and community life for as long as possible. C, In Summary. Bridges of Ithaca' s small size-- 12 - 15 residents--and authentic home-like atmosphere will make it a unique alternative to larger, less personal institutions . Also, residents will benefit from the combined experience and proven expertise of the professional staff that ' s affiliated with Classen Home Health Associates. The opportunity to acquire the Old Hundred House and transform it into an elegant, home-like residence for a small number of partially dependent older adults comes at a propitious time for us. On the one hand, it offers us a chance to help address the very real need in Tompkins County for a dignified alternative to conventional nursing homes. And at the same time, it enables us to take an important personal and professional step that ' s wholly in line with our goal of identifying the specific health care needs of individuals in the community and serving the people around us in the best ways we can . Sincerely, lip �V acv Patricia Classen Elizabeth Classen Enclosures : Tompkins County OFFICE FOR THE AGING 320 N. Tioga Street Ithaca, New York 14850 (607) 274-5482 February 15 , 1995 To Whom It May Concern : We have become familiar with the plans of Classen Home Health Association to open an adult day home in Ithaca. We endorse this application. The growing numbers of seniors in our community has created a need for a spectrum of housing options and for various choices within that spectrum. We believe the Classen proposal will help meet this need. Moreover, Classen Association enjoys a reputation for outstanding service in our community , and our expectation is that any endeavor they undertake will reflect that quality . We hope their application will be approved . Sincerely, Irene W . Stein Director C «? Krftr ychpd payer ins f- �4St Com'Pa� {E Bankers since 1836 �} March 30, 1995 To Whom It May Concern : I am writing in support of the Classens proposed plan of establishing a Senior Home on Five Mile Drive in Ithaca. As Trust Officer at Tomkins County Trust Company, one of the largest local banks in upstate New York, I have had the opportunity to utilize the Classen organization to care for many of my aging Trust Company clients . My association with the Classens has been very favorable since they clearly provide the highest quality of care to those they serve. The stately home-like environment of the Classen's proposed home will provide this community with a much needed alternative to the institutional care facilities currently existing in the area. I conclude, after years of coordinating care for my aging trust clients, that this proposed senior house will be a great asset to this community and will maintain a full occupancy. Sincerely, Patricia A. Pullman Trust Officer Trust & Investment Department PAP/dh THE COMMONS , P . O . BOX 460 , ITHACA , NEW YORK 14851 , (607) 273 -3210 TNT UOO [) OFF C � RECEIVED qq qq P. W. WOOD & SON , INC . TOWN 0 ' ! I r- ACA MVC 913WX 520 124 E . COURT STREET, ITHACA , NEW YORK 14851 ( 601 uMtfi440NING TO : ANDY FROST CODE ENFORCEMENT OFFICER y` TOWN OF ITHACA FROM : DAVE FERRIS PRESIDENT , THE W 'OF ICE SUBJECT : DENMARK DEVELOPMENT,-CORP . BRIDGES PROJECT This letter is to inform you of my strongest possible support for approval of the above project . I have known Patti and Elizabeth Classen for a considerable length of time in both a personal and professional capacity . On two separate occasions I have had to use the services of Classen Home Health to take care of . an elderly person 24 hours a day over an extended period of time . There are people in the business of taking care of the elderly and then there are the Classens . Patti and Elizabeth bring a whole new dimension to the meaning and standard of elder care . Their business acumen is tremendously enhanced by a personal empathy and commitment beyond the business aspects of elder care . It is a philosophy of people first that extends through their entire operation and the personnel under their direction . The demographics now and projected for the future demonstrate the need for this kind of facility where our senior citizens can reside with dignity , respect and in the warmth of a facility that duplicates their own homes . " Old One Hundred " , expanded per their plans , and under their care and direction, will provide our senior citizens with a model facility to spend their final years . As a business leader and community member I can think of no finer pair to be operating this type of facility in our county . As a board member of Tompkins County Area Development , Inc . I know how highly regarded Patti & Elizabeth are by the economic development leaders of this county . It was not by accident that they were honored by the Tompkins Chamber of Commerce . I request that you convey my thoughts to all appropriate boards and individuals who are involved in the decision process to grant their request . A prior business committment precludes my attendance at the the hearing . Thank you for your assistance . —Insurance and Risk Management Since 1853— TOMPKINS COUNTY DEPARTMENT OF HEALTH Alice Cole, R.N., M.S.E. 401 Harris B. Dates Drive Public Health Director Ithaca, New York 14850-1385 March 27 , 1995 TO WHOM IT MAY CONCERN ; As Long Term Care Coordinator I provide elderly individuals , their families , and friends with support and information about available services in Tompkins County . One of the most frequently discussed issues is housing options . While Tompkins County has several senior apartment complexes and four excellent nursing homes , there is a lack of intermediate care housing . Many times elderly people end up either leaving Tompkins County or moving into nursing when they are no longer able to manage independently in their own homes . If they had another choice they would not need nursing home care as soon . The proposal to open an adult care home here is a much needed option . The Clausen ' s provide a very high quality of care through their agency and an adult home operated by them would be a real asset to this community . Sincerely , Anne Timmerman , RN AT/ jdw 4� Ret_rrled paptAr / i y O• / / ^ / b. P O r W M • ^ rN t Y po � rSQ lb tip • r i s�s ~ N N N a ^ I r cl V M r t - I s_ p . rio ITHA O • � 1 Q N of r • \ • / Z: O $ ^ ' 7 N N ^ a^yf s s. pe N \lo _ » Jan r P ° to Nowc ( • ,. � .. �- • i. -i. . - . . . ..�_° •' -a:^",•'2h:.. �h T. . , • _ ' . ' e . MAY-09- 1995 10 : 30 TOMPKINS PLANNING/ ITCTC 607 274 5578 P . 01 Post-It'" brand `ax transmittal rr , . . .., 1 Co. Q iH1��1'1C[S �Q�il�ty p; Dept. �7 r7 DEPAT� �+ 1�7'• 'I P PLA INNING fax I 1 / Fe • li2>♦. .East.: CouK,StreeE Itokiara New York'148$9 Jsvnvr. W. llammn. .ir. Telephone (647) 774-5560 Commtssloner of Ylsaning FAX (647) 2744578 May 9. 199 5 Mr. Andy Frost Town of Ithaca 126 E. Seneca Street Ithaca, NY 14850 Re : Zoning Review Pursuant to § 239 -1 and - m of the ?yew York State General Municipal Law Action : Use Yatiance/Special Approval , Classen Home Health , hive Mile Drive Dear Mr. Frost: This letter acknowledges your referral of the prOFosal identified above for review and cOn-1rr = by the Tompkins County Planning Department pursuant to §239 -1 and - m of the Now York State General Municipal Law. The proposal, as submitted, will have no significant deleterious imp act on intercommun ity, County , or State interests . Theirfore, 110 recommendation is indicated by the 1%ompkiris 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, James I-Janson , Jr. Commissioner of Planning Rec.ycled paper TOTAL P . 01 C l oSs�v �om� He.a.l�h Q sso. - -7 0 Five rle 1�(L• - ZP.� s-lu -q� dive Male bcve- • I� E t. r at 80-51wie-L AM a -AlAt0.4 0 f� �• •`, � Es `��� ;C 1 { �,�y • C 6r a� ;` w 't 1� 1. J, r - -- %V'A 1 F w 1 - I f®r ( - t: t •, �, .pia !w . ..�� ., ;t fill y. ''tea;-r•'- - "-- its?,Slav 244i �, .o, , r \ ' ,wr^- w