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HomeMy WebLinkAboutZBA Minutes 1984-08-29 • TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 29 , 1984 The Town of Ithaca Zoning Board of Appeals met in special session on Wednesday , August 29 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 5 : 00 p . m . PRESENT : Chairman Henry Aron , Edward W . King , Edward N . Austen , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Ann Silsbee , Willis S . Hilker , Shirley Brown , Robert Silsbee . Chairman Aron declared the meeting duly opened at 5 : 00 p . m . ADJOURNED APPEAL ( FROM AUGUST 22 , 1984 ) OF CODDINGTON ROAD COMMUNITY CENTER , APPELLANT , K . SHIRLEY BROWN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE A DAY CARE CENTER AT 920 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 47 - 1 - 11 . 3 . PERMISSION IS DENIED UNDER ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron noted that this is the adjourned Appeal from the meeting last week , August 22nd , adding that everyone was notified and everyone here • now was just out at the site of the Community Center . Chairman Aron asked if Mrs . Brown had anything more to say to the Board or add to her previous statements . The Secretary read a very rough draft of the minutes of the August 22nd meeting . Mr . King asked Mrs . Brown if she had any corrections to the rough draft just read . Mrs . Brown stated that she had none , except that her son is eight months old , not eight years old . Chairman Aron asked if Mrs . Brown had anything further to add to what has gone before at the meetings . Mrs . Brown stated that since Mr . Bauer was not happy , they thought they would start a petition and see who is for or against the day care center . Mrs . Brown presented to the Board for the record a Petition containing 39 signatures and reading as follows : " We the undersigned , agree that there is a need in the area for a Licensed Day Care Center to be located at 920 Coddington Road , Ithaca , New York , the Coddington Road Community Center . We understand that this operation will be open between the hours of 7 : 30 a . m . and 5 : 30 p . m . Monday -Friday ( within h hour either way ) and that the maximum enrollment at the Center will be 35 children ( 20 - 25 full time preschoolers , 10 afterschoolers ) . The ratio of adult supervision to children will be approximately 6 children to 1 adult at all times . The Day Care Center will eventually be State Licensed ( application for licensing will be filed by August 31 , 1984 ) , which requires very strict compliance to safety and health rules . Permits will also be issued by the Zoning Board of Appeals , the Health Department , the Fire Department and other various agencies to ensure compliance to all local rules and laws . If you should have further questions there will be a special meeting of the Zoning Board of Appeals on August 30 [ sic . ] , 1984 at 5 : 00 p . m . in the Town Zoning Board of Appeals 2 August 29 , 1984 • Hall on Seneca Street , Ithaca , New York , NOTE : The Coddington Road Community Center will still be available for community functions and rental during evenings and weekends . " Mrs . Ann Silsbee , 915 Coddington Road , spoke from the floor and stated that she would like to say that she has very mixed feelings about this matter but she is very anxious about noise . Mrs . Silsbee stated that she also believes in day care centers , but on the record she and her husband feel very strongly about noise . Mrs . Silsbee stated that her profession is one where noise can be a problem , adding that she was referring to noise at the building and not with the day care . Mrs . Silsbee stated that they moved out to Coddington Road from Northview Road to be quiet . Mrs . Silsbee expressed her concern about the noise from cars . Mrs . Silsbee stated that she has known the Center when children were there . Mrs . Silsbee reiterated their concern about noise , adding that she would hope not to see the day care center get too large . Mr . Robert Silsbee stated that he would second what Mrs . Silsbee had said , adding that Mrs . Silsbee works at home during the day as a composer of music and she needs quiet . Chairman Aron noted for the record that the Silsbees were concerned about noise . Mr . Austen asked what the age of the full - time children would be . Mrs . Brown replied , 18 months to pre - school , and , after school - - 5 years and up which would be 2 : 30 to 5 : 30 . Mrs . Brown stated that the whole program would run from 7 : 30 to 5 : 30 . With regard to noise , Mrs . Brown • stated that the level of noise is responded to by the State regulations in that the children must be kept in groups age -wise , for example - - up to 3 years old in one group ; 3 years to school - age in another ; the after - school children cannot play in the same group . Mrs . Brown stated that you cannot put 30 kids in one group and say " play " . Mrs . Brown stated that they must have two outdoor times apiece , that is , twice a day , adding that the after - school children have their own play time . Mrs . Brown stated that during lunch all the children are inside . Chairman Aron asked if there were rest periods . Mrs . Brown replied that State regulations call for two hours a day , however , a lot of parents do not like that . Mrs . Brown commented that she and Mrs . Morrissette do not want a lot of screaming kids either , and stated that they will have a lot of activities and the day will be very structured . Chairman Aron asked the Silsbees the location of their home with respect to the location of the Community Center , Mrs . Silsbee stated it was directly across the street . Chairman Aron noted that he had seen the house , as had the Board members , during the site visit . Chairman Aron stated that there are trees and foliage in place on the Silsbee property and across the street there are trees on the Community Center property with the exception of the driveways . Chairman Aron stated that also there were trees north and south , commenting that research has indicated that trees in close proximity will reduce the decibels of sound waves . Mrs . Silsbee described the trees as being high , thus the traffic sounds go right • through . a Chairman Aron read aloud the Petition as had been presented by Mrs . Zoning Board of Appeals 3 August 29 , 1984 • Brown [ see above ] . Chairman Aron asked if anyone had any questions . Mr . King stated that he wondered about the State license , asking if application had been made . Mrs . Brown stated that they cannot make application until the permitting process has been completed by the Town . Mr . King wondered how long it took after application had been submitted . Mrs . Brown stated that it takes about one to eighteen months , adding that as soon as they receive it they send an inspector , and , if things are not up to Code , they shut you down , otherwise , they give you a certain amount of time to come up to Code . Mrs . Brown cited automatic door closers on the bathroom doors as an example of code violations for which they give you time to take care of and which they tell you about and , also , they measure the square footage and relate that to the number of children . Mr . Austen asked if the State issues the ladies a temporary permit to operate . Mrs . Brown stated that they do not really give a " permit " ; they license you . Chairman Aron asked if the ladies will operate the day care center prior to having a license . Mr . King stated that he was somewhat familiar with this type of State regulation and he thought that that is normal procedure , as a school . Mrs . Brown stated that the only case they know of that actually got a license was Cornell University Infant Center and the whole process was very expensive , around $ 100 , 000 . 00 , with things like a sink beside each bed , a changing table for each child , and so on . Chairman Aron asked if there were any further questions . There were none . Chairman Aron stated that he particularly noticed the roundabout • driveway which he approved of , however , toward the Brooktondale side it is hard to get out onto the road there and see if there is oncoming traffic because of the bushes . Chairman Aron stated that he would recommend that those bushes in front , on both sides , be cut back so that one does not have to nose out onto the road in order to see . Mrs . Brown stated that they did not cut down or trim back the trees and bushes because Mr . Bauer told them not to , adding , however , that the Board of Directors of the Community Center has authorized them to cut them down . Chairman Aron noted that there is ample room to park . Chairman Aron commented , with regard to noise as mentioned by Mr . and Mrs . Silsbee , that Mrs . Brown and Mrs . Morrissette would have control over that . Mrs . Brown agreed . Chairman Aron read aloud the following Memorandum to Henry Aron , Chairman of the Town of Ithaca Zoning Board of Appeals , dated August 29 , 1984 , from Jack D . Hewett , First Vice Chairman of the Board : " Having informed the Secretary of the Board that I am unable to attend the adjourned hearing with respect to the above - noted matter [ Proposed Day Care Center , Coddington Road Community Center ] to be held this date , August 29th , I personally visited the site of the proposed day care center on Tuesday , August 28th , Mrs . Shirley Brown was present . I would like to submit the following statements , observations , and thoughts to you and to the Board for your , and their consideration . • 1 . I like the circular drive which provides for good in and out traffic flow . Zoning Board of Appeals 4 August 29 , 1984 • 2 . There is more than adequate space for parking . 3 . There is a playground area already existing with equipment in place . I was informed that toddler - type equipment is to be installed . A chain - link fence completely encloses the play area . 4 . All new fixtures have been installed in the bathroom . 5 . The parcel involved is quite large - around four acres . 6 . It is obvious that Mrs . Brown and Mrs . Morrissette have worked very hard on this project . 7 . I support this type of use of the Coddington Road Community Center , leaving the Center free for use by the community in the evenings and on the weekends . 8 . I do not have any problem with a day care center in this location for up to 35 children as applied for . 9 . Were I in attenance , I would vote in favor of the Board granting special approval for this facility . " The Board members reviewed the Tax Map [ # 47 ] showing the parcel under discussion . Mr . King asked if the State rules change according to the number of children . Mrs . Brown stated that they do not , not a stitch . Mr . King wondered if it were not more difficult to apply for 30 than 10 . Mrs . Brown stated that it was not . Mrs . Brown commented that they have found a nurse , Edie Fish , who will be their part - time nurse . Chairman Aron noted that the applicants had stated that they will have a ratio of 1 to 6 , and asked if that were mandated . Mrs . Brown stated that it is mandated as an average , adding that because of their age , the after - school program may be • less . Mr . King stated that he would MOVE the following Findings and Resolution in the matter of the proposed Coddington Road Day Care Center , the Board having heard the testimony of the various parties and examined the premises concerned in this application : WHEREAS , the Town of Ithaca Zoning Board of Appeals hereby makes the following Findings : 1 . Mesdames Shirley Brown and Anne Morrissette intend to operate a not - for - profit day care center at the presently existing Coddington Road Community Center located at 918 - 920 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 47 - 1 - 11 . 3 . 2 . All required State , County , and Town approvals and certificates have either been received or applied for or are in the process of being applied for , particularly those with the State . 3 . A lease has been arranged with the Board of Directors of the Coddington Road Community Center , 4 . Considerable time , effort , and expense have been expended to renovate and remodel the interior of the Community Center , 5 . The health , safety , morals , and general welfare of the community would • be enhanced by the operation of this facility because : a ) there is an established demand for locally available daycare for pre - school children ; Zoning Board of Appeals 5 August 29 , 1984 • b ) young children of elementary school age may need more complete supervision after school ; c ) community trends toward more two - earner families means that demand for daycare services will be increasing through the foreseeable future . 6 . The Community Center is reasonably adapted to the proposed use because it : a ) was formerly operated as an elementary school , b ) is situated on an approximately 4 - acre parcel , c ) has a fenced , well - equipped playground ; d ) has two large , open rooms , besides other rooms , suitable for the supervised care of young children . 7 . The proposed use , location , and design of the facility is consistent with the character of the immediate and general neighborhood because : a ) the building is constructed of similar materials , and is of comparable size with neighboring structures ; b ) there are mature trees , shrubs and other vegetation which presently provide extensive screening between the Community Center and adjacent properties ; c ) the front yard setback and buffering are adequate for the type and scale of use proposed . 8 . The proposed use will not be detrimental to the general amenity or • neighborhood character in amounts sufficient to devalue neighboring properties or inconvenience neighboring inhabitants because : a ) the proposed use is similar to the building ' s earlier use as an elementary school , although that was some years ago ; b ) nursery school and day care services on the proposed scale will not create significant noise , traffic , odors , or other inconvenient envirommnental effects . 9 . The proposed access and egress for the facility is safely designed because : a ) ample parking space exists around a semi - circular driveway providing two points of access and / or egress to accommodate the prospective peak traffic loads ; b ) shrubbery and other vegetation around the southeasterly access can be trimmed back to improve visibility . 10 . The general effect of the day care center upon the community as a whole would not be detrimental to the health , safety , and general welfare of the community because : a ) a suitable water supply and sanitary system will be approved by the Tompkins County Health Department ; b ) improvements to the Community Center will benefit all members of the Coddington Road community when the facility is not in use as a day care center ; c ) the provision of daycare services will increase the employment opportunities for families in our community ; • d ) a community resource will be refurbished and once again put to active , productive , community use . Zoning Board of Appeals 6 August 29 , 1984 • 11 . The Town of Ithaca Planning Board has prepared a Report which highly recommends this use in this particular location as an excellent adaptive reuse of a community resource . 12 . the members of the Zoning Board of Appeals have personally inspected the site . THEREFORE , IT IS RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a Special Permit for the operation of the Coddington Road Day Care Center as presented at Public Hearing August 22 and 29 , 1984 , for use by no more than 35 children as may be approved by the State of New York , subject to the following conditions : 1 . Compliance with all applicable State , County , and Town laws , rules , and regulations . 2 . That shrubs , bushes , tree limbs and other vegetation be trimmed back from the southeastern access to the parking lot in order to improve the visibility in both directions for vehicles exiting the lot . 3 . That this Special Permit be reviewable at any time on notice and that it shall be reviewed within two ( 2 ) years from the date of its granting by this Board , approximately two years hence in July or August 1986 , 4 . That the permittees proceed and prosecute with diligence their application for State licensing of the day care facility . The MOTION was seconded by Mrs . Joan Reuning . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the proposed Coddington Road Day Care Center duly closed at 5 : 45 p . m . Both Mrs . Brown and Mr . Hilker thanked the Board members for their time and consideration . DISCUSSION OF SPEED ZONE ON CODDINGTON ROAD The Board members discussed recommending the installation of " school zone " signage in the vicinity of the Community Center , or , the installation of " speed zone " signs , e . g . , a new 30 m . p . h . zone , or , an extension of the existing 45 m . p . h . to some point past the Center . It was agreed that this subject should taken up separately from the matter which the Board had just acted upon . It was agreed that further discussion with a view toward a • recommendation would take place at the next meeting of the Board . Zoning Board of Appeals 7 August 29 , 1984 • ADJOURNMENT Upon Motion , Chairman Aron declared the August 29 , 1984 special meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 6 : 00 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Bord of Appeals . Henry o , Chairman . • •