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HomeMy WebLinkAboutZBA Minutes 1984-01-18 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 18 , 1984 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , January 18 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Jack D . Hewett , Edward W . King , Edward N . Austen , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Margie Rumsey , James Skaley , Rob Pondiscio ( WTKO News ) . Chairman Aron declared the meeting duly opened at 7 : 00 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on January 10 , 1984 and January 13 , 1984 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties in question , upon the Tompkins County Commissioner of Planning , upon the Regional Manager of the Finger Lakes State Park , Recreation and Historic Preservation Region , upon the Clerk • of the City of Ithaca , and upon each of the Appellants ( and Agent , if any ) , as party to the action , on January 10 , 1984 . OPENING REMARKS BY CHAIRMAN ARON Chairman Aron , noting that each Board member had received a copy of Mr . Cartee ' s Year -End Summary 1983 , stated that he wished to comment upon this excellent 6 -page Report , Chairman Aron stated that Mr . Cartee should be highly commended for his fine efforts on behalf of the Town of Ithaca and the Board of Appeals during the year as evidenced by this Report and , also , the Secretary should be commended for her efforts with respect to this Report and the Board of Appeals . Chairman Aron requested that his statement be spread over the Minutes of this meeting of the Board of Appeals . The Board members concurred . Chairman Aron suggested that members of the Board of Appeals should attend Planning Board meetings particular to the ITD Group , Inc . , represented by Stewart Knowlton , proposal for the purchase of the former Herman M . Biggs Memorial Hospital and the development of a life use retirement community since there are certain aspects of this proposed development which will require action by the Zoning Board of Appeals . Chairman Aron stated that the Board members will be receiving the Planning Board Agenda , just as they always do in advance of any meetings , and for their own information it would be useful to attend . Chairman Aron stated that the Town Board will also be reviewing this project and Zoning Board members should also try to attend those meetings . Zoning Board of Appeals 2 January 18 , 1984 Chairman Aron also noted that the Board had received a copy of Mr . Lovi ' s letter to Walter J . Wiggins with respect to his proposed Bed and Breakfast facility at 1152 Danby Road , adjacent to L ' Auberge du Cochon Rouge . Chairman Aron stated that the Board will probably be seeing Mr . Wiggins in the very near future . APPEAL OF MARGARET RUMSEY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE A " BED AND BREAKFAST " AT 110 EAST BUTTERMILK FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 38 - 1 - 2 . PERMISSION IS DENIED UNDER ARTICLE V . SECTION 19 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 10 p . m . and read aloud from the Notice of Public Hearings as published and as noted above . Mrs . Rumsey was present . Chairman Aron asked Mr . Cartee to speak to Article V . Section 19 , under which this matter is before the Board of Appeals . Mr . Cartee stated that Section 19 of the Town of Ithaca Zoning Ordinance does not allow for a proposal such as Mrs . Rumsey ' s . Mr . Cartee stated that rooming houses , tourist houses , are permitted , with special approval of the Board of Appeals , in Residence District R9 , however , the zoning in place for Mrs . • Rumsey ' s property is R30 . Chairman Aron stated that , with respect to the environmental review under SEQRA , ( Town of Ithaca Local Law # 3 - 1980 ) , the Zoning Board of Appeals is the lead agency in the matter of the Rumsey Appeal . Chairman Aron noted that the Board had before it a completed Short Environmental Assessment Form with attached review by the Town Planner , Chairman Aron noted that the Board members had each received a copy of the Minutes of the January 3 , 1984 Meeting of the Planning Board and pointed out the Planning Board Resolution with respect to Mrs . Rumsey ' s request . For the record , said Resolution reads as follows : " RESOLVED , that the Planning Board of the Town of Ithaca defer and hereby does defer consideration of the proposal_ of Mrs . Margaret M . Rumsey for a ' Bed and Breakfast ' accommodation in her home , 110 East Buttermilk Falls Road , Town of Ithaca Tax Parcel No . 6 - 38 - 1 - 2 , to the Zoning Board of Appeals as being the appropriate body to act upon such request , and FURTHER RESOLVED , that said Planning Board wishes to inform and hereby does inform said Board of Appeals that the Planning Board sees no particular difficulty with the proposal , as presented , but would suggest that a building inspection for fire protection and safety be done prior to the issuance of any occupancy permits • and that any required approvals from the Tompkins County Health Department be received prior to any occupancy as such proposed use . " I Zoning Board of Appeals 3 January 18 , 1984 [ Motion by May , seconded by Langhans ; carried unanimously - May , Baker , Stanton , Langhans , Klein . ] Chairman Aron read aloud from the Appeal Form as signed and submitted by Margaret Rumsey , under date of December 28 , 1983 , as follows : " . . . From 1948 to 1952 my husband and I took in tourists ( with a sign in front of our house and a ' Tourists ' sign on Route 13 ) . My husband died November 1979 and my youngest son ( 23 ) has now left home , so that I have a large empty house that I want to help support by a low key ( no signs ) Bed and Breakfast business . My two story white brick house Circa . 1814 has 3 bedrooms , and an efficiency apartment , on 2 acres surrounded by tall hedges , located by the entrance of Buttermilk Falls . Tax Map # 38 - 1 - 2 . " Chairman Aron read aloud the following letter , a copy of which each of the Board members had before them , dated January 12 , 1984 , addressed to Mrs . Margie Rumsey , and signed by John M . Andersson , P . E . , Director , Environmental Health , Tompkins County Department of Health , as follows : " RE : Bed and Breakfast Inn Temporary residences , which provide rooms for vacationers or travellers , are regulated by Part 7 - 1 of the New York State Sanitary Code , enforced by the Tompkins County Health Department . within Tompkins County . However , places which provide occupancy for 9 or less persons are exempted from the permit and other requirements . You have stated you will have no more than 6 temporary occupants , and as long as your menu is restricted to breakfasts and snacks for those people , the Health Department will have no regulatory responsibility over your operations . A sewage system construction permit is required prior to erecting a building needing a sewage system or building a sewage system , or converting a building so as to change its use , or type or amount of sewage . You have stated your home and sewage systems pre - date the Tompkins County Sanitary Code requirements , first adopted in 1953 . We have no record of any sewage system on your property , but you ' ve stated a septic tank and absorption field was constructed in 1948 or so . Operating your home as a Bed and Breakfast Inn is not considered a conversion as long as additional bedrooms are not created . You need no approval from us to use your home as a Bed and Breakfast Inn . However , should you wish or need us to issue a further statement on the condition of your sewage system , you ' ll need to submit an application for a sewage system permit , have soil tests completed , and provide more information about the existing sewage system . Your water system is also too small to require frequent inspection or sampling by our department . You will need to • comply with the part of Article VII of the Tompkins County Sanitary Code which requires that where water is served to others , it must be from a protected source and of safe quality . 1 Zoning Board of Appeals 4 January 18 , 1984 If our code , or interpretation , changes in the future , we will let you know . In short , you do not need to have any permission from us to operate as you ' ve described . Good luck in your endeavor . " Mr . King asked Mrs . Rumsey what her water situation is , adding that he understood she had a well . Mrs . Rumsey stated that she does have a well , she does not use City water . Mr . King commented that the Park has City water and asked Mrs . Rumsey if she had ever looked into hooking up . Mrs . Rumsey stated that they had City water in 1948 and it was so bad that they ceased using it . She stated that they use the well that the family used during all the years when it was a farm . Mrs . Rumsey stated that she had the water tested on January 9 , 1984 , and she submitted for the Board ' s review a document she had received from the Water Testing Laboratory , Diagnostic Laboratory , New York State Veterinary College . The Report was signed by C . M . Russell under date of January 10 , 1984 , and stated that " no coliforms isolated " under test performed with the standard being MF Coliform Colonies / 100 ml . The sample location was kitchen sink cold water tap ; the sample was taken on January 9 , 1984 at 9 : 00 a . m . and the sample was received at 13 : 08 o ' clock on January 9 , 1984 ; the sample type was unchlorinated drinking water ; the type of source was private water supply . Mr . King noted that the water is not • chlorinated . Mrs . Rumsey stated that that was correct . Mr . Cartee explained the meaning of the test , commenting that the standard for New York State is less than 1 coliform , thus , with no coliforms being the finding , the water is okay . Mr . King noted that the matter of the sewage system has apparently been covered by the Health Department , Mrs . Rumsey agreed , adding that their system has been in place since before the Health Department started keeping records . Mrs . Rumsey explained that her husband was a Civil Engineering student at Cornell at the time and he built the system based on his. knowledge , adding that there is a 1 , 000 gallon tank on cinder block on concrete pads . Chairman Aron suggested that it might be a good idea if Mrs . Rumsey could get a written certificate that the system is okay . Mr . Cartee explained that since 1977 the Health Department has ceased to inspect and issue statements that systems are okay or not okay , adding that the only way is to do a visual inspection of the property . Mr . Cartee explained how that is done , commenting that on a day like today - - all ice and snow - - that could not be done . He stated that the visual inspection indicates whether or not the ground is clear and also the surrounding property and , if there is a question , the system is dyed and then you return and observe the results . Mr . King noted that Mrs . Rumsey had indicated to the Health Department that there would be no more than six occupants . Mrs . Rumsey stated that she has three bedrooms and occasionally would rent the efficiency apartment , so there could be eight in the house at one time . Mr . King recalled that the Park is to the east and the south . Mrs . Rumsey agreed , adding that to the west Zoning Board of Appeals 5 January 18 , 1984 there is one house belonging to Mrs . Stewart who is a widow living alone , and then the Elmira Road , Mr . King asked if there had been any electrical inspection . Mrs . Rumsey stated that there has not been an electrical inspection recently , but Marion Electric has upgraded the system . Mr . Austen asked if it had been certified by the Board of Fire Underwriters , Mrs . Rumsey stated that she really did not know , adding that it was done by her husband . Mr . Austen asked if anything had been done in the past couple of years , to which Mrs . Rumsey replied , no . Mrs . Rumsey stated that she has smoke detectors in the top of the hallway for the second floor and in the top of the hallway for the basement and in the most central area as recommended to be the best place . Mr . Austen asked if they were battery operated , to which Mrs . Rumsey replied , yes . Mrs . Rumsey displayed three photographs of the house from different angles showing both summer and winter views , and stated that there is a front door , a back door , and upstairs for the apartment there is a door out onto a porch where a person could egress down a spout . Mrs . Rumsey also displayed 8 " x 10 " pictures of every room inside the house . Chairman Aron inquired of Mrs . Rumsey , if the bed and breakfast operation were not profitable for her , would she go • back to a tourist home such as what she had between. 1948 and 1952 . Mrs . Rumsey replied that they are essentially the same thing - - a room and breakfast . Chairman Aron commented that there would appear to be plenty of parking available . Mrs . Rumsey agreed , adding that all parking is off - street . Mrs . Reuning stated that it is a very private house . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Rumsey Appeal . No one spoke . MOTION by Mr . Edward King , , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , acting as lead agency is the review of a proposed Bed and Breakfast facility as proposed by Margaret M . Rumsey to be in her home at 110 East Buttermilk Falls Road , Town of Ithaca Tax Parcel No . 6 - 38 - 1 - 2 , it being the opinion of said Board of Appeals that said property is a unique property , uniquely situated , approve and hereby does approve the Environmental Assessment Form ( Town of Ithaca Short Environmental Assessment Form ) as completed , and FURTHER RESOLVED , that pursuant to Town of Ithaca Local Law # 3 - 1980 this action is classified as Unlisted , and • FURTHER RESOLVED , that said Board of Appeals agree and hereby does agree that the Environmental Assessment Form and the Zoning Board of Appeals 6 January 18 , 1984 facts as said Board finds them indicate that a negative declaration of environmental significance is in order , and b FURTHER RESOLVED , that said Board of Appeals determine and hereby does determine from the Environmental Assessment Form and all pertinent information that the above -mentioned action will not significantly impact the environment and , therefore , will not require further environmental review . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , King , Austen , Reuning , Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron asked Mrs . Rumsey if she has a business located at her property . Mrs . Rumsey stated that she does , adding that it is Rumsey Real Estate , Mr . King asked if this were a one person business , to which Mrs . Rumsey responded , yes , in a separate place . Mr . King noted that someone is on the premises most of the time . Mr . Austen inquired as to when Mrs . Rumsey last had tourists in her home . Mrs . Rumsey stated that originally it was in 1948 until 1952 when her children were born , • at which time there was herself , her husband , their three children , plus her in - laws visiting , occupying the house . Mr . King stated that he had an observation for the Board which was that since rooming houses , tourist houses , are allowed in R9 districts with special permission of the Board of Appeals , it would be appropriate to grant approval conditionally upon inspection for fire code compliance and getting a Board of Fire Underwriters ' electrical inspection to show that that system presents no hazards and , subject to the applicant obtaining those things and there being no difficulty with same , this Board should grant a variance for this use . Mrs . Reuning suggested that a special permit to Mrs . Rumsey only might be even more appropriate . Mr . King stated that he was considering the fact of the property being near the State Park , Chairman Aron stated that he would suggest that the Building Inspector inspect the property every two years . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a special permit for the operation of a bed and breakfast facility for no more than eight ( 8 ) persons at 110 East Buttermilk Falls Road , Town of Ithaca Tax • Parcel No . 6 - 38 - 1 - 2 , contingent upon the following : 1 . The Town of Ithaca Building Inspector inspecting the property and approving it as complying with fire codes ; Zoning Board of Appeals 7 January 18 , 1984 2 . The applicant requesting an inspection of her property by the New York Board of Fire Underwriters Bureau of Electricity and the issuance of a certificate of compliance with the requirements of such Board , and FURTHER RESOLVED , that said special permit be and hereby is personal to Mrs . Margaret M . Rumsey and subject also to periodic inspections by the Town of Ithaca Building Inspector . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Rumsey Appeal duly closed . APPEAL OF ROBERT S . MOORE , APPELLANT , JAMES SKALEY , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY RESIDENCE BY A FAMILY AND THREE UNRELATED PERSONS AT 137 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 4 - 1 . PERMISSION IS DENIED UNDER ARTICLE IV , • SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as published and as noted above . Mr . James Skaley was present . Chairman Aron asked Mr . Skaley to read from the Appeal Form as signed and submitted by Robert S . Moore , under date of December 20 , 1983 . Mr . Skaley read as follows : " . . . Lease has been signed for the ( sic . ) January - May 1984 renting the house to four unrelated people ( one married couple and three single people ) . These arrangements were made by a former tenant who broke her lease moving to Washington , D . C . without notice . The people caught in this arrangement are without fault and it is hoped that a temporary variance will save them considerable inconvenience . " Chairman Aron asked the Secretary to read aloud a letter , a copy of which the Board members had before them , addressed to Mr . Cartee , from Robert S . Moore , dated January 11 , 1984 , and from his address in Anchorage , Alaska . The Secretary read as follows : . . . This is to acknowledge your letter concerning a zoning violation at 137 Judd Falls Rd . , Ithaca , N . Y . 14850 . As I mentioned in our second discussion of the problem , James Skaley , who is currently a tenant in the house , has agreed to represent me before the Zoning Board of Appeals when my request for a temporary exemption is considered . But he will have to be notified of the time , place and date of the meeting , a notice he informed me last night he has not yet received . JIn • the event that the zoning request is not granted , you may reach me by writing to 1720 Scenic Way , Anchorage , Alaska , 99501 , or , after January 26 , by phoning 907 - 277 - 0966 . 9[ Please accept my r Zoning Board of Appeals 8 January 18 , 1984 thanks for your assistance in this matter . " Chairman Aron noted the copy of the lease , dated December 13 , 1983 , with Mr . Skaley , attached to the Appeal Form , with such lease commencing January 1 , 1984 and expiring May 31 , 1984 . Mr . Skaley commented that he did receive the Notice of Public Hearings on January 11 , 1984 . Mr . Skaley stated that there is one married couple occupying the large bedroom in the house and , in addition , there are two ladies and himself occupying the other three -bedroom area . Chairman Aron asked if Mr . Skaley were sub - leasing the house . Mr . Skaley stated that the landlord preferred to deal only with one person and to have one person responsible for the utilities , such arrangement being similar to that which the landlord had with the person who originally rented the house last fall . Mr . Skaley stated that he does not sub - lease ; it is a co - tenant relationship . Mr . Austen asked where specifically in Forest Home the house is located . Mr . Skaley stated that 137 Judd Falls Road is at the corner of Judd Falls Road and Forest Home Drive . Mr . King asked if it were a single family house , to which Mr . Skaley replied , yes . Mr . King asked if the house were up for sale , to which Mr . Skaley replied , yes , adding that it was shown in the fall and the owner , Mr . Moore , plans to show it again in April . Mrs . Reuning stated that she assumed the tenants wished to remain in the house • until May 31 , 1984 . Mr . Skaley stated that that was their hope . Mr . Austen asked about parking space . Mr . Skaley stated that they have three cars and the driveway is ample . Mr . Austen wondered if the three cars were ' off the highway , to which Mr . Skaley replied that there is no difficulty with the three cars being off the highway , adding that each car can go in straight . Mr . Austen inquired if the tenants were students . Mr . Skaley stated that he works at Cornell University , two of the tenants are Ph . D . students , and , as for the married couple , she works at Courtside Racquetball and Fitness Club and her husband is attending TC3 . Mr . King asked if there had been any complaints received with respect to this property . Mr . Cartee stated that he had received no complaints about this property , adding that apparently there were more than three unrelated persons occupying the home last year and he would probably not have heard about it . He stated that he goes by there every day to and from the office ; there has been no problem , there have been no complaints . Chairman Aron wondered if it could be assumed that the property could be in compliance with the occupancy requirements of the zoning ordinance by May 31 , 1984 . Mr . Skaley stated that that was the assumption , adding that they are one person over the permitted number of occupants . Mr . Skaley stated that the original leaseholder , Kim Folia , arranged for these people to come into this house . Chairman Aron wanted it to be clarified that this is a single family home , or , there are two apartments . • Mr . Skaley stated that it is a single family home . Chairman Aron wondered what was meant by the term on the lease " exclusive of the separate room attached to the house . " Mr . Skaley stated that that is a room where Mr . Moore stores his personal belongings f Zoning Board of Appeals 9 January 18 , 1984 . such as books , papers , etc . Mr . Skaley stated that there is one kitchen and all the tenants cook together . Mr . King asked if the present tenants are likely to be moving . Mr . Skaley stated that they will still be in school , but they understand the situation . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Moore Appeal . No one spoke . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the Public Hearing in the matter of the Robert S . Moore Appeal until June 13 , 1984 , by which time the property will have been inspected by the Town of Ithaca Building Inspector as to compliance with the occupancy regulations of the Town of Ithaca Zoning Ordinance . There being no further discussion , the Chair called for a ' vote . Aye - Aron , Hewett , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . . Chairman Aron declared the Public Hearing in the matter of the Moore Appeal duly adjourned until June 13 , 1984 . ADJOURNMENT Upon Motion , Chairman Aron declared the January 18 , 1984 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 10 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry Aron , Chairman