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HomeMy WebLinkAboutZBA Minutes 1985-01-23 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 23 , 1985 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , January 23 , 1985 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward W . King , Edward N . Austen , Joan G . Reuning , James V . Buyoucos ( Town Attorney ) , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Ray Delli - Carpini , James M . Saroka , Joanne George , Danney Spain , Art Yaple , Monte May , Bruce Ryan ( WHCU News ) . Chairman Aron declared the meeting duly opened at 7 : 15 p . m . For the record the following documents were in hand : the Clerk ' s Affidavit of Posting and Publication of the Notice of Adjourned Public Hearing in Town Hall and the Ithaca Journal on January 15 , 1985 and January 18 , 1985 , respectively , and , the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question , upon the Associate Counsel of Cornell University , upon the Tompkins County Commissioner of Planning , and upon the Appellant on January 18 , 1985 . •Y ADJOURNED APPEAL ( FROM DECEMBER 12 , 1984 ) OF R . DELLI - CARPINI , J . FAIRCHILD , AND J . SAROKA , APPELLANTS , IN RE THE CONVERSION OF AN EXISTING GARAGE ON A DEVELOPED LOT IN A RESIDENCE DISTRICT R15 TO A PLACE OF WORSHIP ( PUBLIC PLACE OF ASSEMBLY ) AT 203 PINE TREE ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 1 . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 17 p . m . and read aloud from the Notice of Adjourned Public Hearing as posted and published and as noted above . Messrs . Delli -Carpini and Saroka were present . Chairman Aron stated that the Board of Appeals has in hand a Long Form Environmental Assessment Form completed and signed by Raymond Delli - Carpini under date of December 4 , 1984 . Chairman Aron declared the Zoning Board of Appeals of the Town of Ithaca the Lead Agency in the matter of environmental review . Chairman Aron noted that at the December 12th Public Hearing with respect to this matter a petition had been entered into the record , adding that , since that time , the Board had " received another Petition which he would read into the record as he had previously done . Chairman Aron read : " January 14 , 1984 [ sic . ] r We are not opposed to the efforts of Ray Delli - Carpini and the Ithaca Christian Fellowship to convert the existing garage at 203 Pine Tree r Zoning Board of Appeals 2 January 23 , 1985 Road , to a place of worship . We believe the Zoning Board of Appeals should grant them the necessary building permit to complete the project . ( sgd . ) James Van Every , 206 Pine Tree Road ( sgd . ) Eileen G . Grant , 101 Snyder Hill Rd . ( sgd . ) Thomas J . Grant , 101 Snyder Hill Rd . ( sgd . ) Jacqueline Wakula , 204 Pine Tree Road ( sgd . ) Tom Wakula , 204 Pine Tree Road " Chairman Aron stated that a lot of questions and answers occurred at the last meeting and he would ask those present whether there would be anyone who would like to speak to add only additional , or new , information to this Board . Chairman Aron asked if there were anybody here who would like to speak for or against the granting of this Appeal . No one spoke . Chairman Aron stated that in that case he would close the Adjourned Public Hearing at 7 : 30 p . m . Chairman Aron asked if there were any questions from the Board . Mr . Austen asked if Mr . Delli -Carpini had any more plans as to where his parking might be . Mr . Delli - Carpini stated that they are using land adjacent to the driveway , on the north side of the driveway , for parking now . Mr . Delli -Carpini stated that , beyond that , they have land to the north and so they could park farther into the vacant lot . Mr . Buyoucos stated that he thought that Mr . Austen - wanted to know that no portion of the driveway , south , is being used and , if that northerly part in not sufficient , parking might go to the north . Mr . Austen agreed . Chairman Aron appended a copy of the Survey Map of the property known as 203 Pine Tree Road to the bulletin board and indicated on that Map for those present the location of the looped driveway under discussion . Chairman Aron stated that he assumed Mr . Austen was concerned that fire trucks , ambulances , and the like , could get through and with keeping the driveway loop clear for that . Chairman Aron read aloud the following letter , dated December 12 , 1984 , from Frank R . Liguori , Tompkins County Commissioner of Planning , to Mr . Cartee . of 009 Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . Case : Use variance appeal of R . Delli -Carpini , J . Fairchild , and J . Saroka at 203 Pine Tree Road ( county highway ) This will acknowledge receipt of the proposal for review under Section 239 -m . The proposal , as submitted , will have no significant , deleterious impact on intercommunity , county , or state interest . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " f Zoning Board of Appeals 3 January 23 , 1985 • Mr . King stated that he was not present at the last meeting , but he had read the Minutes of the last meeting and the petitions and documents that have come in , so he had some familiarity with the matter . Mr . King stated that , as he understood it , Mr . Delli - Carpini proposes the use of the building marked on his Survey as " garage " for the purposes of this church and school . Mr . Cartee pointed out that it is the westerly two -bays of the three -bay garage that are being used as a place of worship . Mr . King asked Mr . Delli - Carpini what size the congregation was going to be . Mr . Delli - Carpini stated that they have twelve members at the present time , adding that they can accommodate 50 persons . Mr . Delli -Carpini stated that if they grow beyond that , they would have to make a decision about moving to another location , or expanding , or using the barn . Mr . King wondered if Mr . Delli - Carpini meant the barn shown on the Survey to the east . Mr . Delli -Carpini stated that that was correct and added that they wish to use the property for the total it will accommodate but if it comes to a point beyond that they would have to find other land . Mr . King stated that there are some rules on places of assembly , under Codes , etc . , which is not the Board of Appeals ' problem to deal with . Mr . Buyoucos commented that such rules would be a condition . Mr . Cartee stated that he would like to address the size of the present structure that has been partially renovated . Mr . Cartee stated that the area being used , the two bays of the garage , is 19 feet by 19 feet . Mr . Cartee stated that in that area there are two tables and one wood burning stove , so , that portion of that space that is taken up has • to be eliminated so that a square footage can be determined and from that it can be determined how many people can be in that area . Mr . Cartee stated that of that 19 ' x 19 ' there is roughly 16 feet by 16 feet of area with unfixed seating which would allow , right now , with 7 sq . ft . per person required , 36 people to occupy this space .. Mr . Cartee asked that the Board be aware that the fifty people mentioned is with nothing in that area and also that 50 people under the Code is considered a " place " of assembly . Mr . Cartee stated that at present this use is less than that and is a " space " of assembly with the same general requirement of 7 sq . ft . per person but the requirements are less stringent when you consider a space of assembly rather than a place of assembly . Mr . King thanked Mr . Cartee for his explanation and asked , as to the use of the property in other respects , if he understood it correctly that there will be a school . Mr . Delli - Carpini stated that they were thinking eventually of using the room and having a day school in there , but that is in the future . Mr . Buyoucos commented that that is a projected plan and is not part of the application. . Mr . King commented that he understood that there is an effort being made to work out some suggested proposals between attorneys that are going to be presented to this Board . Mr . Buyoucos stated that some conditions have been discussed which the Board of Appeals has the right to impose . Chairman Aron stated that the staff is working diligently on getting all the information or conditions together which the Board does not • have at this time . Chairman Aron stated that the law also says that the applicant has to have a site plan approval through the Planning Board . Chairman Aron stated that the Planning Board will take care of Zoning Board of Appeals 4 January 23 , 1985 • that and so he would say that Mr . Delli - Carpini will be in contact with the Town Planner and he will advise him what materials he will need . Chairman Aron stated that the Planner will help Mr . Delli - Carpini and then the Planning Board recommends certain things to the Board of Appeals . Mr . Buyoucos commented that one of the reasons the conditions are not ready is that we waited until we met today to discuss them and that after the conference there may be further embellishments made to what was spoken about . Mr . Buyoucos stated that he explained to Mr . Delli - Carpini that he would have to talk with the Planner to make sure of any materials he wanted . Mr . King stated that , as he looked at this matter last month preparatory to coming to the meeting , which , it turned out , he was unable to do , he was bothered by the question of what is a principal building on a lot . Mr . King stated that there is a Section 68 in the Town Zoning Ordinance which says one may have more than one building on a lot but with more than one principal building on a lot there are certain requirements akin to a subdivision . Mr . King stated that this seems to imply that the Board is faced with a subdivision situation and a problem which must be addressed . Mr . King stated that you cannot utilize a residential lot without a proper ' subdivision ' separation under the ordinance between them . Mr . King stated that in looking at the Survey Map accompanying the application he was a little confused because of the lot to the north which seems to be a separate lot but the whole thing is owned by the applicant . Mr . Delli - Carpini stated that they bought the two lots both together at the same time , adding that there is one deed and one description . Mr . King stated that this is an ideal kind of situation for the Board of Appeals to make use of Section 78 of the Ordinance where it has the right to refer matters to the Planning Board since they are much more erudite in dealing with subdivisions and the Board of Appeals is not particularly equipped to do it . Mr . King stated that he thought it would be good to proceed in this manner although he understood that the Board of Appeals is given the specific authority to give a special approval , but , the Board of Appeals does not know how this will stack up to other criteria such as parking spaces , parking areas , etc . Mr . King stated that it would be a good idea to have a detailed presentation to the Planning Board before it comes back to the Board of Appeals for final approval . Mr . Buyoucos asked if he would be correct in saying that Mr . King was interpreting this law as saying that the Board of Appeals can refer this matter to the Planning Board for review and recommendation . Mr . King stated that Mr . Buyoucos was correct . Mr . Buyoucos commented that that was very interesting , adding that he had had that interpretation at the beginning of the conference . Mr . King commented that the Board of Appeals has previously interpreted Section 78 as permitting referrals to the Planning Board . Mr . Buyoucos asked if the Planning Board renders its recommendations in the form of a report to the Board of Appeals . Mr . King responded that that was • correct , adding that the Board of Appeals may incorporate those as it sees appropriate . Zoning Board of Appeals 5 January 23 , 1985 • Chairman Aron asked if anyone had anything more to add . Mr . Austen stated that the approach suggested by Mr . King was okay with him . Mrs . Reuning indicated her agreement . Mr . King stated that he wondered if the Chairman of Planning Board , who was present , would be in such agreement . Mr . Montgomery May commented that if it were being looked at under Section 78 , he thought it appropriate . Chairman Aron stated that if there were no more questions , he would entertain a motion . MOTION by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals refer and hereby does refer the matter of the Appeal of R . Delli -Carpini , J . Fairchild , and J . Saroka , in re the conversion of an existing garage to a place of worship at 203 Pine Tree Road , to the Town of Ithaca Planning Board for its consideration , and for its expertise in making recommendations back to the Board of Appeals for , what could be termed , site plan approval and recommendation of conditions for the grant of a Special Approval by said Board of Appeals . Mr . Buyoucos asked if Mr . King would mind considering adding to his Motion that the Board of Appeals may also send a statement of what it is doing and a statement of conditions . Mr . King stated that he would accept that as an addition to his MOTION . • 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 . Mr . King asked if it would not be appropriate for the applicants to get together with the Town Planner and make a presentation and he could help them . Mr . Buyoucos stated that it would be appropriate to do that , adding that the important thing is to find out what would be needed by the Planning Board . Mr . King offered that information such as the separation of the buildings should be included . ADJOURNMENT MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the January 23 , 1985 , meeting of the Town of Ithaca Zoning Board of Appeals be and hereby is adjourned . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Austen , Reuning . Nay - None . e' Zoning Board of Appeals 6 January 23 , 1985 • The MOTION was declared to be carried unanimously . Chairman Aron declared the meeting duly adjourned at 8 : 05 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Q Henry Aron , Chairman .h