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HomeMy WebLinkAboutZBA Minutes 2006-12-18 TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, DECEMBER 18, 2006 7:00 P.M. PRESENT: Chairperson: Kirk Sigel Board Members: Ron Krantz, James Niefer and Dick Matthews Alternate Board Members: Eric Levine and David Mountin ABSENT: Board Member Harry Ellsworth OTHERS: Matthew Goodhew, Coddington Road George Maylin, Coddington Road Chairperson Sigel opened the meeting at 7:02 p.m. APPEAL of William H. Goodhew, Appellant, requesting Special Approval pursuant to the requirements of Chapter 270, Section 270-57(C), to be permitted to operate a construction business out of his home located at 674 Coddington Road, Town of Ithaca Tax Parcel No. 49-1-17.4, Low Density Residential Zone. Said use is considered a home occupation, which is an allowed use in the LDR zone with Special Approval by the Zoning Board of Appeals. Appellant is also seeking a height variance from Chapter 270, Section 270-59 to allow an existing 21-foot tall converted barn/garage to exceed the 15-foot maximum required height for accessory structures in the LDR zone. William Goodhew, 674 Coddington Road, Ithaca I'm proposing to build a house at that location and have a barn on that property that has been in existence since maybe the 1920's and I use it to store a variety of things...furniture that I have that will be put into my new residence and tools, lawn mower, motorcycle, at this point and I would like to, ideally, make it a garage space for my car, eventually, as well. So, it exceeds the height specifications to be called a garage and allow it to be forward of where I propose to site my house and the site location for the house is going to be a residence that involves some solar, some active solar collectors on the south side of it and it has a location there that overlooks the creek nicely and that would be the best spot to place the house. I have owned that property continuously since 1994 and had been in residence there with my ex-wife, I had my business at that location continuously since that time. So the issue of having my business at this location...it's been in residence there since 1994 and there's not going to be any real change to the way that I do business...the impact on the neighborhood, my neighbors should be no big trafficking, no big debris or noise that would be in excess of what has been previously experienced. ZBA Minutes December 18,2006 pg.2 Chairperson Sigel — So presently, is the only thing on the lot the barn? Mr. Goodhew — Yes, and I have an exception to have that there. At that time it was an agricultural operation as well. I have a tree farm. I was registered as a tree farmer in 1995 and I had the DEC came out and did forestry survey on the place and we had a plan put in to place. In fact, I cleared some of the trees surrounding the build site for this house in the last six weeks and those trees...about half of those went just to cord wood for the excavator that took that material out to help keep my costs down on that but the remaining trees, oak and cherry, I sent up to a sawmill in Deryter and will have that planed, dried and returned to me in the spring so that I will be able to use that in the building of this structure. Board Member Niefer— The existing barn that is there, is that what is going to be rehabilitated to be your garage? Mr. Goodhew — Yes. Board Member Niefer— Is the elevation from the ground to the peak of the existing barn going to change with your renovation and conversion of it into a garage? Mr. Goodhew — No. Board Member Niefer—And you are going to use the exact same footprint of the existing barn? Mr. Goodhew — Yes. Board Member Niefer-- ...for the other building? Mr. Goodhew — Yes. The doors will not change except to be improved for access. I may eventually add some more window, particularly to the south side of the structure, and...money is always an issue...and what I need to do to be able to renovate the barn is to get the house up. I can get financing to do a house quite readily and getting stalled in that and then base equity back to do some improvement on the barn. Niefer— So is it fair to say that the dimensions of the building will not change from what they currently exist? Mr. Goodhew — That would be correct. They will not change. Chairperson Sigel — The barn is remaining...that is the structure is not changing, correct? ZBA Minutes December 18,2006 pg. 3 Mr. Goodhew — Correct. Chairperson Sigel —And then the house is a totally separate structure. Board Member Krantz — Have you had any contact with your neighbors? Mr. Goodhew — Yes, I have had contact with my neighbors that I have been familiar with. Eric Levine is one of my neighbors. He bought the house that I used to reside in. Although I haven't had frequency of contact, I have the Maylin's here are my neighbors as well and I just talked to them briefly tonight. The Carr's, who live across the street, we have had frequent conversations... Board Member Krantz — There have been no objections... Mr. Goodhew — Yes, they do... Board Member Matthews — So this barn...I am very familiar with the area, I live up the road on Eastman Road, it did belong to the Steele family and it has always been a farm barn as it were, so what you're asking is instead of parking hay wagons in there, you want to put a GMC pick-up truck in there. Mr. Goodhew —Well, not as large as that actually...just a Toyota Camry. Board Member Matthews — In a way, I mean, there's not a big difference in use and I...frankly, I'm puzzled... Ms. Balestra —Well it's not a use variance that he's seeking, it's a height variance. Board Member Matthews — I understand that and we're certainly not advocating that an old barn be torn down because it is exceeding the height variance, so, why is the gentleman, why does he have to be here? Ms. Balestra —Accessory buildings, and the garages are considered accessory buildings in this zone, the maximum height for an accessory building is 15 feet. He is going to be utilizing this barn as an accessory building, a garage, and the height of this existing building is 21 feet. So it exceeds the height of the maximum allowable accessory building height. Board Member Matthews — I am playing devil's advocate right now. We don't approve this, does this mean he has to tear this barn down? Ms. Balestra — No, it just it ....If you approve the height variance then you allow him to keep his barn and use it as a garage at 21 feet instead of 15 feet tall. ZBA Minutes December 18,2006 pg.4 Board Member Matthews — If we don't approve it, he can only park a hay wagon in there? Chairperson Sigel — If your point is the only difference...you know...the difference between a barn and a garage can be subtle at times, then I think you have a good point. You could have something that most people agree is being used as a barn, and yet you might also park a licensed motor vehicle in there, and the question is; Is it still a garage?...or is it still a barn? I don't know, I mean if you, say, also have horses in there and hay and... Board Member Matthews — I wonder why we are splitting hairs on this. Chairperson Sigel — By granting the variance, it makes it cleaner for Mr. Goodhew. There's no issue then. Board Member Matthews — He doesn't have to worry about getting visited by.. Chairperson Sigel— Right, he doesn't have to ... Board Member Matthews -- ...and that's the worst thing that can happen to you. To get visited by the Town of Ithaca. Ms. Brock — Dick, maybe I can help a little bit...which is that right now, there is no, this is a low density residential zone?, there is no limit on the height of agricultural structures so as a barn, there's no height limit. If he is proposing to now change its use from a barn and agricultural use to something else, the height limits will now apply. And even though it is an existing structure, at 21 feet it exceeds the now applicable height limit and that's why he needs the variance. Chairperson Sigel— Doesn't the at least 36 feet apply to a barn? At low density? Ms. Brock — "May be constructed without limitations as to heights." "Agricultural Buildings and Structures" Section 270-59. The last sentence of Section 270-59 says "Such agricultural buildings and structures so located may be constructed without limitations as to heights." And there is some other language in there which indicated that the height limits don't apply to buildings and structures used for agricultural purposes. Chairperson Sigel— You're in 270-59? Ms. Brock — Yes. It was amended in August of 2005, is your version of the Code older than that? Chairperson Sigel— Yes. ZBA Minutes December 18,2006 pg. 5 Ms. Brock — the State Department of Ag and Markets had a number of comments on the Town Zoning Ordinance when it was enacted in 2004 and as a result the Town made a number of changes in 2005 to deal with agricultural lands. Chairperson Sigel— I am sure I was aware of that at the time... Board Member Matthews — May I ask a question about the business that he's putting in there? Chairperson Sigel— Sure. Board Member Matthews — I take it you are in the construction business. Are you going to have Caterpillar tractors in there and bull dozers and stuff like that? Mr. Goodhew — No. I am not in the excavation business. In fact, I hired all this stuff down with the trees. Barry Kraduck who does quite a bit of my excavation work. Board Member Matthews — So the only indication of there being a construction business located there is what? Mr. Goodhew — There's some ladders that I keep stored out back of the barn and there's some miscellaneous lumber and some of it is for my own private use, that's stored around there. We've got some mixed issues, being in construction and wanting to live at that location, there are things that I want to do to improve the property and I have some odd pieces that I wouldn't actually use in the construction business that are around the property. Board Member Matthews — So, I'll use the term loosely, because I don't consider construction materials unsightly, good business is good business, but you don't plan on leaving unsightly piles of this and that laying around for the neighbors to be upset about? Mr. Goodhew — I try not to. I try to be conscious of that. The opinion, I haven't had any opinions rendered that would indicate to me that it is trashy. The Maylin's could speak to that tonight, they are probably the closest people that have view of that space and I'd be happy to comply. As I become involved in residence there, most certainly that space that's close to the house is going to be very orderly. Ms. Brock — So will there be outdoor storage of materials? Mr. Goodhew — There will be some outside storage of...I've got some lumbers that I've had milled and used...I used a lot of this lumber in the house that Eric Levine lives in now. There is sycamore that I had taken from another property ZBA Minutes December 18,2006 pg. 6 that I used to own on German Cross Road and moved over to that location at Coddington in 1994 and I've been using that for a variety of things. I used it for sheeting on the roof when we redid the roof in the house and I used it for finish pieces in flooring and then some wall sections in the basement of that house. Chairperson Sigel— For a...to qualify for a home occupation, you're not permitted to have any exterior storage of material, equipment, including vehicle, or other items of commerce. Now, it sounds like in you case, there could be a difficulty in determining what your materials are for. Obviously if you are in the process of building a house, as a necessary part of that, you would have materials delivered and temporarily stored outside. But, what is part of your business does need to be stored inside. Mr. Goodhew —Well, as far as stored inside for the business would be some of my tools that I can't keep in the truck. Most of my business is done at other people's locations and product is delivered there and we utilize it there and I do have some ladders there on the property that are long and have to be stored outside but I don't have a complete shop in that facility at all. Board Member Matthews — This is a carpentry type business? Mr. Goodhew — Yes. I am primarily a remodeler. Chairperson Sigel—Well, to qualify for a home occupation you would have to find some way to store anything associated with the business inside. Whether inside the home or inside the barn/garage. I don't believe we have a mechanism to exempt that in an easy way. So would you be able to comply with that requirement? That all items associated with the business be stored inside? Mr. Goodhew —Well, I believe you have a restriction on how much space I can use inside, as well. Chairperson Sigel— Yes, it's a maximum of 25% of the floor space of the primary dwelling which would be your house when built or a maximum of 500-square feet if the house was larger than 2,000. So assuming your house is... Mr. Goodhew —Well, storing some long extension ladders in there could prove to be difficult. Board Member Matthews — I wonder if we're making a mountain out of a molehill here. I know a number of and proud to be associated with, a lot of skilled workers that have businesses that they live at home and they go to a job in the morning and in fact my own father was a builder, a carpenter and he didn't have a yard full of things because he couldn't afford to have a yard full of things. Most ZBA Minutes December 18,2006 pg. 7 people who do that kind of work might store, for instance, a mason, store their scaffolding against the back of the garage, maybe throw a tarp over it or something like that. Or if you have long ladders, you might lay them up against the side of the garage or the back of the garage, certainly not up front. I personally know this man and at least as a neighbor in passing and he's a relatively tidy fella. I don't want to make something more than what it should be made of. I don't see him as having 15 people working for him and coming there in the morning and getting lined up for the job and so forth... Mr. Goodhew — I have no employees. I use subcontractors when it becomes necessary but I am pretty much a one man operation most of the time. Chairperson Sigel— I also suspect that what you plan to do will not be a major impact on your neighbors or the area. But, nonetheless, the Town has a Code, and one of the requirements is that all materials and equipment used must be stored inside of the...It would require a use variance to vary that which would be a difficult test to meet and we don't have a lot of flexibility in this matter. Board Member Matthews — If he has a long ladder and he can't put it in truck, he can put the ladder behind the barn out of sight of the street and the neighbors and whatever and if he wants to put it out of the weather, I don't know if he has fiberglass or not, that might be by the letter of the Code a violation but whether or not it is a violation of any great consequence is another story. Board Member Krantz —And even the items in his garage are personal possessions. Furniture, yard and garden tools...his motorcycle. Mr. Goodhew — It's true, I don't even know why he needs a permit for a business at the occupation. Chairperson Sigel— Because he is himself a business. Mr. Goodhew —When did that come in to being? That part of the law? Chairperson Sigel— This version of the Code, this major revision of the Code was enacted in May 2004. Ms. Brock — No, it was effective in April 2004 and it was enacted 2003 1 believe and then there was a grace period before it went in to effect. Mr. Goodhew — So really the only thing that brought this to light was that I went through sub-division, even though I have owned this property and I have been there doing this whole deal since 1994. It's kind of a semantics we are dealing with here as far as I can see. It never would have come to light if I hadn't to go through this divorce and divide that property. I have wanted to build this house there as long as we've owned the property. It never would have been an issue. ZBA Minutes December 18,2006 pg. 8 Chairperson Sigel—What were the...if this use pre-dates the enactment of this Code, then it may be legally non-conforming. Ms. Brock —Well, it's not just the enactment of this Code, it has to be a use that's a permitted use before and I don't know when the home occupation requirements came in. Whether they came in just with this one.... Chairperson Sigel— I think it was. I think it was permitted by right. Mr. Goodhew — Yeah. When we bought the property I had to go through that permission process with Andy Frost. Ms. Brock — Did your approval for subdivision require you to get approval from the ZBA for home occupation? Was that a condition of the approval, do you know? Mr. Goodhew — From the Zoning Board? Ms. Brock — Planning Board. When they approved the subdivision? Mr. Goodhew — I got approved with the agricultural business there in the subdivision. With the tree farming. Ms. Brock — But there is no home on this parcel to which the home occupation could have attached before, right? Mr. Goodhew — Yeah. Ms. Brock — So it is really a new use that's being proposed. It sounds like before he was really just... Ms. Balestra — It was considered an accessory use. Permitted. Mr. Goodhew —We had twelve acres previously, and the house and the garage and a barn there. Then once the subdivision became involved it went down to three parcels. Ms. Brock — Okay, so there was a house there and the storage of materials, construction materials for your carpentry business...that all has been going on since 1994? Mr. Goodhew — Correct. Matthews — Have you spoken to the neighborhood on both sides of your intended operation. Have you spoken to them and told them what you have in mind? ZBA Minutes December 18,2006 Pg. 9 Mr. Goodhew — I have not spoken with the Maylin's until this evening and haven't had any deep conversation... Board Member Matthews —And the people in the home formerly occupied by the Steele's? Mr. Goodhew — Yes, that's Eric Levine. Board Member Matthews —And the Maylin's live on the other side. Have you spoken to the people across the street from you? Mr. Goodhew — Yes. They're well aware of what my intentions are. That would be the Carr's. Mike and Laurie Carr. Chairperson Sigel— I think, actually, the previous ordinance wouldn't...doesn't appear to help you any because it also states no goods and that there not be any outdoor storage. It doesn't specify of what, it just makes that blanket statement "no outside storage." It also limits you to use of the basement of your dwelling or in a garage area not to exceed 200 square feet. So it's actually more restrictive in area. Now, if your ladders are personal property, then the restriction would not apply. Mr. Goodhew—Well, I suppose they just became personal property. Chairperson Sigel— In a case like yourself where you're a one man operation, I imagine the distinction can be very loose, between what you use for your personal use and what you use in your business and it trades back and forth, I would assume. Mr. Goodhew —Well, yes it does trade back and forth. Chairperson Sigel— How many ladders do you have that you store? Mr. Goodhew — There's, on the ground there are three extension ladders and one 12 foot step ladder. Chairperson Sigel— Does anyone else have any... Board Member Matthews — Something is troubling me. Like I said before, I know quite a few people who are in business for themselves and this is no different than that and I am wondering why this gentleman is coming here when he knows that many of his colleagues who are in business for themselves don't go to the Town seeking a variance for them conducting a business out of their home... ZBA Minutes December 18,2006 pg. 10 Ms. Brock — It's not a variance, it's a special approval that's required. Board Member Matthews —Well, I understand what you are saying, but I know many people who work at home and that is where they drink their coffee and they go to work with their tools and their truck, and he knows that, and I am wondering why. Is there something we don't know? Is he trying to prevent neighbors from coming and badgering him about having things laying around in his yard or something? I don't know what it is.... Mr. Levine — It is because he is building a new house and he wants to make sure that it is all kosher and I think he was told that he had to do it, and that's why he is here. Mr. Goodhew — Yeah, I went to draft my building permit and this came up as an issue...these two points were an issue to securing the building permit. They actually were going to release the permit and allow me to come up here before the Board, but I didn't want to get the permit, get started with something, and be half in to it and still have this hanging over my head so I postponed the ground break on the new house as a result of having to appear here. Board Member Matthews — I know that barn, I have seen it many times and I have seen the work going on in it and it certainly would house 12-foot extension ladders, that wouldn't be a problem, we're talking about extension ladders. I don't know how many trucks you have, you had one, and that's a pretty good size barn and I see as far as putting your tools inside as Mr. Sigel said, so I don't see that as a problem at all. That's a big barn he has. Mr. Goodhew — It's 24 x 30 foot. Chairperson Sigel— So how long are your extension ladders when closed? Mr. Goodhew — There's one that is 20 feet long, the longest one so there could be space made available in the barn. Board Member Niefer— The only thing that...really the question is granting him a special approval, certainly seems to be appropriate as far as I am concerned and I think the record is perfectly clear as to what he can and can not store outside...it's on the record and you know, if he chooses to do it after the fact then he's doing it at his own risk and at the peril that the Town zoning Officer comes by and telling him he can't store it outside. So he's on notice as to what he can and can't do so we'll grant him the right to go ahead and do what he's asking for, and if he chooses to violate it later well then he's doing it at his own risk, just like any building permit or special permit. It's granted on a certain criteria that you have to meet and if they choose not to later on, it's at their peril. ZBA Minutes December 18,2006 pg. 11 Chairperson Sigel— That's true and the applicant has stated that the ladders can fit in the barn. Ms. Brock — There's also the lumber. I don't know... Mr. Goodhew — The lumber is personal possession. Ms. Brock — so the only items... Mr. Goodhew — So the only items that are exterior that would be business related would be those ladders. Chairperson Sigel—We are really not able to grant you a variance specifically to allow the ladders, if they are part of your business, to be outside. So as Mr. Niefer stated, you are required to comply with the stipulations of the home occupation and if those are part of your business then they need to be kept inside. And if they're not, then they would just be subject to the normal property upkeep requirements and such which I believe would allow a ladder to be stored outside. Chairperson Sigel opens the Public Hearing at 7:33 p.m. George Maylin, Coddington Road I am here with my wife Katherine and despite what Bill said, I have perhaps spoken with him three or four times since he's lived there since '94, we've lived there since '72 and I wasn't aware of what he was contemplating until we got the notice in the mail this week and I did talk to Bill two minutes tonight so...We're here on an information gathering escapade if you will. My concern would be what kind of business that Bill is going to have at that location. If it's storage...a few ladders in the barn, that would not concern us. If it's going to be running a framing shop with buzz saws going, whatever, whatever...then it would concern us. I understand that that's probably not the issue of this appeal but we were not aware of what his business really is and I'm still not sure of what it is. Chairperson Sigel—Well, what he has presented to us is that he is, you know, he works off-site on other projects and what he plans to do at this site is to store his truck and tools and other equipment...I can tell you that to qualify as a home occupation, which is what he is doing, one of the stipulations is that no offensive noise, vibration, smoke, dust, heat, glare or electronic disturbance is produced beyond the boundary line of the property occupied by the business. Mr. Maylin — If that was in fact the business, then that would not concern us. ZBA Minutes December 18,2006 pg. 12 Chairperson Sigel—And so, if like you said he had loud saws going that were...that disturbed you on your property, then that would certainly be beyond his property and that would not qualify as a home occupation. Mr. Maylin —We would prefer to be good neighbors but he had certainly not discussed his intentions with us so we're here tonight to find out what's going on. Chairperson Sigel—What he has represented to us, I don't think, is causing us any concern about impact on the neighbors. Mr. Maylin — If what he described tonight is the way it is, then it would not concern us either. Chairperson Sigel—Any questions? Alternate Board Member Levine — I just want to put on the record that I live next door on the other side and I certainly have no concerns and no objections. I know Bill to be very responsible and respectful and I am glad that he is going to be my neighbor. Chairperson Sigel—And this makes it easy, I think to choose which Alternate ... Alternate Board Member Levine — I would have to abstain, of course. Ms. Brock —Actually, the law isn't effective yet. Regarding alternates. It has to be filed with the Secretary of State. Chairperson Sigel—When is that going to happen? Ms. Brock —As soon as the law is filed with the Secretary of State and published. So probably before the end of the year. By the next ZBA meting it will be in effect. Mr. Maylin — Would this be grandfathered in to the next tenant were he to sell this property? Would the business be permitted? What would be the qualifiers where Bill to sell, the business.. Chairperson Sigel— it would go with the property, I think. Ms. Brock — That's correct. Chairperson Sigel—Variance do and in this case, this is a special approval, I believe, also would. The permit is granted to the property not to the person. But again, it's something that someone else presenting the same scenario would presumably have as much right to receive...This is a really...this is not a variance. He is not asking to do something that is not permitted. This is a ZBA Minutes December 18,2006 pg. 13 permitted use in this Zone and it just requires a special approval by this Board, which is really just a review process to make sure that he will be complying with the rules and that there are no extenuating circumstances which might cause a problem. Ms. Brock —All of the conditions of the special approval would carry over to another owner too, though. So the stipulation that no offensive noise, vibration, smoke dust etc., extend beyond the property would carry over too. To qualify for home occupation, there are a number of things in the Code that must be met and all those, if this Board chooses to grant the special approval, all of those items will be set forth as conditions of the approval. So the approval is subject to compliance with those conditions, regardless of who physically owns the property and is running the business. Chairperson Sigel— There is an Environmental Review with this motion. Chris do you have anything? Ms. Balestra — Staff does not have any environmental concerns regarding the proposal. Chairperson Sigel—Any further questions? Chairperson Sigel closes the Public Hearing at 7:40 p.m. ZB RESOLUTION NO. 2006- 073 : ENVIRONMENTAL ASSESSMENT : William Goodhew, Tax Parcel #49.-1-17.4 MOTION made by Chairperson Sigel, seconded by James Niefer. RESOLVED that this Board makes a negative determination of environmental significance in the appeal of William Goodhew, both requesting a Special Approval for a Home Occupation and requesting a Height Variance for a barn being converted to a garage use for the reasons stated in the Part II Environmental Assessment Form prepared by Town Staff. The vote on the MOTION resulted as follows: AYES: Sigel, Krantz, Niefer, Matthews NAYS: None The MOTION was carried. ZBA Minutes December 18,2006 pg. 14 ZB RESOLUTION NO. 2006- 074: Area and Height Variance: William Goodhew, Tax Parcel # 49.-1-17.4 MOTION made by Chairperson Sigel, seconded by Dick Matthews. RESOLVED that this Board grants the appeal of William Goodhew, requesting a Height Variance at 674 Coddington Road, Tax Parcel # 49.-1-17.4, Low Density Residential Zone, to allow an existing barn to be converted to garage use, not to exceed 22 foot maximum height with the CONDITIONS: 1. That the barn footprint not change, and 2. that the barn roof height not change. FINDINGS: That the requirements for an area variance have been satisfied by the applicant, specifically: 1. An undesirable change in the character of the neighborhood will not take place given that the barn has been in existence for approximately 80 years, and 2. that the benefit sought by the applicant is not feasible any other way, given that it would be difficult to attempt to lower the barn, and 3. that the request of the variance, given the size of the lot, is not substantial, and 4. there will be no adverse physical or environmental impact on the neighborhood or district, and 5. that the alleged difficulty was not self-created given that the barn existed on the property before the applicant's purchase of the property. The vote on the MOTION resulted as follows: AYES: Sigel, Krantz, Niefer, Matthews NAYS: None The MOTION was to be carried. ZBA Minutes December 18,2006 pg. 15 ZB RESOLUTION NO. 2006-075: SPECIAL APPROVAL FOR HOME OCCUPATION, William H. Goodhew, Tax Parcel # 49.-1-17.4 MOTION made by Chairperson Sigel, seconded by Ron Krantz RESOLVED, that this Board grants the APPEAL of William H. Goodhew, Appellant, requesting Special Approval pursuant to the requirements of Chapter 270, Section 270-57(C), to be permitted to operate a construction business out of his home located at 674 Coddington Road, Town of Ithaca Tax Parcel No. 49-1-17.4, Low Density Residential Zone. Said use is considered a home occupation, which is an allowed use in the LDR zone with Special Approval by the Zoning Board of Appeals. CONDITIONS- 1. ONDITIONS:1. The use of the dwelling and accessory buildings for the construction business shall be limited to the indoor storage of construction materials and vehicles and the office-related functions of running the construction business. 2. All on-site business operations shall be conducted wholly within the dwelling and/or accessory buildings by an owner and resident of the dwelling, and the business must remain clearly incidental and secondary to the use of the property for residential purposes. 3. An area of no more than 25% of the floor space of the dwelling (whether the business is conducted in the dwelling or in an accessory building) or 500 square feet (whichever is less) is used for such business. 4. No more than two persons (full- or part-time) outside the resident household, and no more than four persons (full- or part-time) including the household resident, are employed in conducting the business. 5. The owner and chief operating officer of the business is an owner and full- time resident of the property on which the business is conducted. 6. No goods are offered for sale. 7. There is no exterior display or sign except as permitted by Chapter 270, Zoning, and Chapter 221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials, equipment (including commercial vehicles), or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district and surrounding neighborhood. ZBA Minutes December 18,2006 pg. 16 8. No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance is produced beyond the boundary line of the property occupied by the business. 9. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use is met off the street and in accordance with regulations of Chapter 270, Zoning, of the Code of the Town of Ithaca. 10. The lot on which the business is operated shall not be further subdivided without a modification by this Board of this special approval. FINDINGS: 1. The Appellants' on-site storage of construction materials and maintenance of a business office constitutes a home occupation use of the property within the meaning of Article III, Section 270-5 of the Town of Ithaca Code. 2. The requirements for special approval in Article XXIV, Section 270-200 of the Town of Ithaca Code have been met. The indoor storage of construction materials and equipment will not affect the neighborhood or community character and will not create visual impacts or noise, fumes, vibrations, illuminations or other potential nuisance. No traffic beyond that normally expected in a residential neighborhood is expected to be generated by this business, and adequate off-street parking exists. The vote on the MOTION resulted as follows: AYES: Sigel, Krantz, Niefer, Matthews NAYS: None The MOTION was carried. Chairperson Sigel states the next Agenda Item APPROVAL OF THE 2007 PROPOSED SCHEDULE Board Member Krantz — I noticed that January is the fourth one, is Martin Luther King Day. ZB RESOLUTION NO. 2006 — 076: Approval of Proposed Schedule MOTION made by Chairperson Sigel, seconded by Dick Matthews. RESOLVED that this Board adopts the proposed schedule as the 2007 schedule of the Town of Ithaca Zoning Board of Appeals. ZBA Minutes December 18,2006 pg. 17 The vote on the MOTION resulted as follows: AYES: Sigel, Krantz, Niefer, Matthews NAYS: None The MOTION was carried. Chairperson Sigel announces the next Agenda item. RECOMMEND the Chair to the Town Board. Board Member Krantz — I would like to say that I think the Town of Ithaca is extremely fortunate in having Kirk Sigel in the position that he conducts himself so well at. It's a pleasure to work with you. Chairperson Sigel— Thank you very much. ZB RESOLUTION NO. 2006 — 077 : Recommendation to the Town Board for Chair of 2007 Zoning Board of Appeals MOTION made by James Niefer, seconded by Ron Krantz. RESOLVED that this Board unanimously recommends to the Town Board that Kirk Sigel remain as Chair of Zoning Board of Appeals for the year 2007. The vote on the MOTION resulted as follows: AYES: Sigel, Krantz, Niefer, Matthews NAYS: None The MOTION was carried. Chairperson Sigel states the next Agenda item. TRAINING Ms. Balestra — I can start. You all know that the Legislature approved a bill to establish minimum training requirements for Planning and Zoning Board, Planning and Zoning officials for four hours a year. The Town Board, Ms. Brock ay be able to speak to this better because I wasn't at the Town Board, it's up to the local municipalities how the training happens. Whether they require all four hours of training, whether they are going to reduce the requirement, whatever, and the Town Board met recently to discuss that and they said ... ZBA Minutes December 18,2006 pg. 18 Ms. Brock — They want to start out at least with keeping the requirement in place, they have the ability to waive it, but they would like to start out with leaving the requirement of four hours a year to be kept in place. Did you get these brochures? On the back of the brochures is list of places where training is available and they felt that all of those places are appropriate institutions to provide the training. I think they added one or two others...What's going to happen is that in January, I believe, there will be a resolution before the Town Board to formally state which types of training will qualify towards the four hours that are required so expect everything on this list and probably a few others, to be included. The intent is to make this as non-onerous as possible. Hopefully there will be a lot of training offered locally, perhaps some of it will even be offered within the context of these meeting, so that you won't have to travel to get the training. Ms. Balestra — One of the questions that Staff wanted to proposed to the Board is what would be the best method for you? Would you prefer to go to the conferences? Would you prefer to have video presentations? Staff presentations? What would be most convenient and better for you? Board Member Krantz —A conference in Las Vegas. Board Member Matthews — I take it there is no grand-fathering for those of us who think we know it all? Chairperson Sigel—Nope, everybody has to. There are, I think that at least in the past ten years there has been at least four hours offered locally by Tompkins County Planning Department or neighboring Counties. Chairperson Sigel— I might suggest that we start out assuming that there will be plenty of locally-offered training and if we get near the end of the year and there hasn't been much and a number of us are short, we could then try to arrange something that the Town Staff could provide. Ms. Brock— The way the law is worded, it actually says that no member will be re-appointed to the Board unless they have met the training requirements, which means there is no real sanction if you are not up for re-appointment at the end of the year. Also, the law says that the Town Board can waive the requirements if they want. So if there's a member that they feel is serving the Town well, and through no fault of their own, did not receive the appropriate amount of hours, the Town Board can always, on a case-by-case basis, decide to waive the requirement for that particular individual. For that one time too, to re-appoint them. Board Member Matthews — I believe you said when you come up for re- election... ZBA Minutes December 18,2006 pg. 19 Ms. Brock— Re-appointment. Right, that's what I just said. That there's no particular sanction unless your term happens to be ending at the end of 2007, for example, there's really not much that will happen to you I think... Chairperson Sigel — So if you are short in any of your years of your term, then that would be grounds for non-reappointment...or is it just th last year? Ms. Brock— I don't know...I'm not sure how the Town Board wants to apply it. Chairperson Sigel — Just kind of go fast at the end there. Ms. Brock— I think that because every municipality has the same requirement now, I think there will be a lot more training that's being offered too. I think the County, hopefully, will really increase the amount of training that they offer because they know that every municipality is in the same boat. Chairperson Sigel — I suspect they'll be happy to, knowing that more people will come...although at this last one there was plenty of attendance. And then you can also carry it over so for instance if you wanted to be ambitious and go to the Planning Federation Conference which is in the fall, that's two or three days and you could probably get 6 hours in a day at least so you could get 12 hours in one year and that will cover you for the next two years. Board Member Krantz — Oh, you're allowed to do that... Ms. Brock— Yes, unless the Town Board decides to limit that but I don't think they will. Chairperson Sigel — So if you went to that every two or three years, you'd be all set, and that is a very interesting conference to go to... Board Member Matthew — Did I read it is approved that the Alternate Members are now able to sit on the panel when somebody is sick? Chairperson Sigel — Yes, that's...well, once the law is actually effective which will be before the next meeting, they can vote if a regular member can not vote for any reason. Board Member Matthews — For any reason. Chairperson Sigel — For any reason. So, recusal, illness, absence. Board Member Matthews — So that goes in to effect the first of the year? ZBA Minutes December 18,2006 pg.20 Ms. Brock— It goes in to effect when the law is filed, the law is filed with the Secretary of State and after publication. So, the Town Board approved it last Monday, I just received tonight from the Clerk's office, their local law filing form which I now need to certify this is the correct law, that this was in fact the text that was passed, so I will be signing that after I go back to my office and look at it and make sure it's the right law, and giving it back to the Town Clerk tomorrow. I assume, then, tomorrow they'll mail it to Albany and make the arrangements to publish it in the Ithaca Journal. There's usually a couple of days lead time for that and the law is written so that it goes into effect upon filing with the Secretary of the State or publication in the newspaper, whichever occurs last. So certainly before the next ZBA meeting this will be in effect. Probably before the end of the year. Chairperson Sigel — Finally, you had suggested that we formally adopt a policy on abstentions. The way that the new law is written, about the use of alternates, it calls for the use of an alternate in the case that a member abstains. It assumes that an abstention is a non-vote, neither yes nor no so to kind of back that yup, it would be a good idea if this Board passed a resolution indicating that that's the official will of the Board, that abstentions count as a non-vote. The rationale behind that was that we...you don't want to end up dead-locked, say two to two and someone abstaining and holding up the whole process. In that case we need someone to vote and we need the power to remove them from the vote. ZB RESOLUTION NO. 2006 — 078: Policy on Abstentions MOTION made by Chairperson Sigel, seconded by Ron Krantz. RESOLVED that this Board will consider abstentions to be a non-vote, in which case, an Alternate Board Member will be called upon to vote if an Alternate is available. The vote on the MOTION resulted as follows: AYES: Sigel, Krantz, Niefer, Matthews NAYS: None The MOTION was carried. Chairperson Sigel adjourned the meeting at 8:02 p.m. Respectfully submitted: Chairperson Sigel Paulette Neilsen, Deputy Town Clerk