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HomeMy WebLinkAboutZBA Minutes 1987-11-18 • U71THACA TOWN OFDate�s TOWN OF ITHACA Cler ZONING BOARD OF APPEALS November 18 , 1987 A regular meeting of the Town of Ithaca Zoning Board of Appeals was held on November 18 , 1987 in the Ithaca Town Hall , 126 East Seneca Street , Ithaca , New York . PRESENT : Chairman Henry Aron , Joan Reuning , Edward King , Edward Austen , Building Inspector Andrew Frost , Town Planner Susan Beeners , and Town Attorney John C . Barney , ALSO PRESENT : George P . Nickles , Matoula Nickles , Peter Nickles , Ed Dellert , Les Reizes , Peggy Reizes , Bill Seldin , Marie Carlo , Dick Anderson , Michael J . Hannan , Hoyt D . Benjamin , Shirley Raffensperger , Tom Neiderkorn , Douglas Armstrong , John Littlefield , Valerie Littlefield , Gus Lambrou . The public meeting opened at 7 : 00 p . m . Chairman Aron stated that all posting and publication of the public hearings had been completed and that proper affidavits of same were in order . s Photographs of the subject properties were passed around for the Board to review . The first item on the agenda for consideration was as follows : APPEAL of Leslie N . and Margaret B . Reizes , Appellants , with respect to a request for authorization by the Zoning Board of Appeals , pursuant to Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , to extend an existing non - conforming residence structure at 1061 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 6 - 21 - 2 - 13 , Residence District R- 15 . The existing residence is located approximately ten feet from the south side yard lot line , a room addition proposed for the north side of said residence would create a north side yard of approximately two feet . Mr . Leslie N . Reizes addressed the Board . Mr . Reizes explained that his house was built on a non- conforming , steep and densely wooded lot . He continued that they had been living at another home but decided to make the lake home their permanent home but the house is too small for their family and the only practical way to enlarge the structure is to add to the north side since adding on the west is prevented by a gully and the • east side of the house has decks on the upper and lower levels . Chairman Aron stated that the property in question had belonged 2 • to a party named Mintz at one time and Mr . Mintz had appeared before the Zoning Board of Appeals eight times and referred to minutes substantiating same and stated that the Board was aware of the problems with this property . Chairman Aron inquired how long ago Mr . Reizes had bought the property and he responded that it was about three years ago . Chairman Aron asked if he knew when he bought the property from the Mintzes that the property was a small , legal non - conforming use and Mr . Reizes responded that he did . Chairman Aron inquired whether in the three years Mr . Reizes ' s family had expanded and he responded it had not but when they originally ; purchased the property they resided in Athens , Pennsylvania and used the Taughannock Boulevard property as a summer home . He4continued that subsequently they moved to Ithaca and made this property their year- round home . Chairman Aron inquired what the reason was for adding on the room and Mr . Reizes responded it was to make the home more livable as a permanent residence by adding a dining room and a family room . Chairman Aron inquired what the lot lines dimensions were and Mr . Reizes responded that the house was not built parallel to the lot lines so it was approximately four feet at the northeast corner and approximately two feet at the northwest corner . • Chairman Aron requested a survey map and Mr . Reizes presented two maps , one dated September 29 , 1980 , made by T . G . Miller , and one dated in 1978 made by ;; Mr . Dougherty . Upon examination it was determined that these, two maps indicated a discrepancy and Chairman Aron asked if this had been resolved . Mr . Reizes stated that that afternoon he had gone over the property with Mrs . Leonard , his neighbor , to show her exactly where the addition was to be and she had agreed that it was acceptable to her . Edward King said that the Miller survey showed the property at 1061 Taughannock Boulevard under construction and the earlier Dougherty survey showed ' no houses under construction so the Board did not have any survey site plan showing the location of the structures . Mr . Reizes stated that the Miller survey showed where the structure was built but Mr . King stated he believed the structure was not built where that survey showed it as proposed to be built . Moreover , he continued , the Miller survey did not show structures on the properties to the north of Leonard although it did show a house on the south . Mr . King inquired if there was no structure on the Leonard property in the area either side north of Mr . Reizes ' s property and Mr . Reizes responded that there was not . Chairman Aron maintained that when Mr . Reizes bought the house he knew the lot was small and was a legal , non - conforming use but now he was before the Board to extend a non- conforming • use that would make the lot line two foot plus or minus . He continued that he had difficulty believing the addition was an • 3 absolute necessity . Mr . Reizes repeated that when the house was bought it was to be used only for a summer residence and was suitable for that purpose but now that it was to be a full - time residence it was not . He continued that he maintained a law practice in Waverly , New York as well as Ithaca and had decided to move permanently to Ithaca because they liked it so well . Further , he stated , an expansion of the non- conforming use would not interfere with any properties in the area as the Leonard property to the north " had its house completely out of sight over the bank and their house could not be seen from the Leonard house . He went on to say that the Friedlander house to the south was also more towards the lake so that their using up the full width of the lot in the area they wished to expand would not interfere with the use • of either adjacent property . He continued that the property next north of Leonard was also close to the lake as was the property next south of Friedlander which was way down on the lake a considerable out - of - sight distance away . He repeated the expansion . , of the non - conforming use would not in any way interfere with the neighborhood as it was completely in character with the neighborhood and would not decrease the property values in the neighborhood but would rather increase them . Chairman Aron stated that the only concern of the Board was • whether there was a plausible reason to allow Mr . Reizes to expand an already non - conforming use and whether it would impede upon the rights of others who might in the future build or buy property in the area . lMr . Reizes thought the Leonard parcel was a completely impractical building site to build a house on . The public hearing was opened . No one appeared . The public hearing was closed . Chairman Aron read a letter from Roger B . Sovocool on behalf of Mrs . Libby Leonard whose property adjoined the Reizes property on the north and who lived at 1065 Taughannock Boulevard . A copy of said letter is attached hereto as Exhibit 1 . Mr . Reizes said that after he learned of the letter he had spoken with Mr . Sovocool that day and Mr . Sovocool suggested that Mr . Reizes go over the lot lines with Mr . Neiderkorn , Mrs . Leonard ' s friend which ' he had done . Mr . Reizes stated he had gone over the matter with Mrs . Leonard that afternoon and she was in complete agreement with his plans and she had no opposition to a structure being placed in the intended area . Chairman Aron said that it was not because the Board did not trust Mr . Reizes ' s claim that Mrs . Leonard was in agreement but they had no evidence of this and needed something to substantiate • this claim such as a letter . Chairman Aron further stated that the survey matter had not been straightened out yet . Mr . Reizes • 4 said that Mrs . Leonard had told him she would be at the meeting that evening but had not appeared . Edward King said that if there was to be an extension it would seem more reasonable to him to make it on the east side even though decks were present there . He continued that to make a rational decision on this matter the Board needed to see a floor plan of the house and a location survey of the structure on the lot . He suggested ' a boundary line agreement be obtained from Mrs . Leonard before a survey was done . Mr . King stated that with these items in hand the Board would be in a better position to make a decision and suggested that this matter be adjourned to the next meeting . A motion was made by Edward King as follows : RESOLVED , that this matter be adjourned to the first meeting of this Board in January of 1988 and that members of the Board be advised to go and look at the subject property . 11 The motion was seconded by Edward Austen . The voting was as follows : • Aye - Aron , Reuning , King , Austen Nay - None The motion was carried . The second item on "the agenda was as follows : APPEAL of Earland and Robert Mancini , Appellants/ Property Owners , Richard R . Anderson , Applicant/Agent , from the decision of the Building Inspector/ Zoning Enforcement Officer denying permission for the construction of a proposed moving and storage facility proposed to be located on a 1 . 5 + acre portion of Town of Ithaca Tax Parcel No . 6 - 33 - 3 - 2 . 2 , 90 . 23 acres total , in a Light Industrial District at 608 Elmira Road . , The proposed building would be greater than 25 feet in , height with a front yard setback of approximately 90 feet and a south side yard setback of approximately 45 feet . Said building would also front on a private road . Permission is denied under Article VIII , Section 44 , of the „Town of Ithaca Zoning Ordinance , whereby a front yard setback no less than 150 feet is required ; a side yard no less than 60 feet is required , and a building height no greater than 25 feet is required . Permission is further denied under Section 280 - a of Town Law which requires frontage on a public roadway . • William Seldin , attorney for the applicant , Richard R . Anderson addressed the Board . Mr . Richard B . Anderson of 246 5 Iradell Roads , Ithaca , New York , the applicant , also appeared before the Board . Mr . Seldin stated that the property in question was in a Light Industrial District and they came before the Zoning Board of Appeals with the unanimous recommendation of the Planning Board and a negative declaration with respect to the environmental impact . Chairman Aron interrupted that as to the Planning Board recommendation the Zoning Board of Appeals was not bound by the recommendation of the Planning Board . Mr . Seldin said that the point he was trying to emphasize was that the basis for the recommendation)! of the Planning Board was the location of the property being down below the street level of Elmira Road so the top of the construction would be about five to six feet above street level . Mr . Seldin continued that Millbook and Bell ' s and several other buildings would totally obscure the proposed construction of Mr . Anderson . Mr . Seldin stated that the impact on traffic would be minimal because the facility was not one where the public at large was going to be traveling two and from it constantly . He explained that what was proposed was a moving storage facility so only the moving vans , three or four per day , would be pulling in and out from the building itself . Mr . Seldin offered additional photographs of the property which were viewed by the Board . As to „ the private road , Mr . Seldin offered a • suggestion to the Board that the provisions of 280 - a be waived but if the Board wanted to impose a condition that the road be dedicated then they would proceed with that condition . Mr . Seldin said that the road was a private road , macadam , that leads to the property from Route 13 and also out to 13 -A . He said the road is being privately maintained by Mr . Mancini from whom Mr . Anderson was attempting to purchase the lot for his storage facility . He further stated that whatever conditions were imposed by the Board would be abided by . A letter was read by Chairman Aron from Earland Mancini dated October 26 , 1987 ,;, a copy of which letter is attached hereto as Exhibit 2 . A letter was also read by Frank Liguori , Commission of Planning of Tompkins County , dated November 3 , 1987 , a copy of which letter is attached hereto as Exhibit 3 . Mr . Seldin stated ,that in the purchase offer a condition was that the right of way be approved and made part and parcel of the deed description in accordance with the dimensions of the survey map and plat plan . Chairman Aron stated that the Planning Board had met on November 3 , 1987 and had declared itself the lead agency with respect to the SEQR in this matter . Chairman Aron read the resolution of the Planning Board , a copy of which resolution is attached hereto as Exhibit 4 . The resolution of the Planning • Board dated November 3 1987 as to the preliminary subdivision and preliminary site plan approvals was also read , a copy of 8 which resolution is attached hereto as Exhibit 5 . The public meeting was then opened . No one appeared . IF The public meeting was closed . Chairman Aron asked how high the construction would be and Mr . Anderson responded it would be 26 feet and therefore he was asking for a variance for one foot . Mr . Seldin said that the one foot did make a difference as to what the storage container units would hold and it had to be exactly 26 feet from finished grade . Mr . Anderson said that he put three seven and all half foot containers in the units and he needed all of the 26 feet to accommodate these containers . Discussion was held as to the width of the private road and it was determined that ; it was approximately twenty to twenty- four feet wide . Mr . Seldin stated that the proposed deed , with respect to the right of way to the road , would set forth specific dimensions of the right of way to be agreed upon . Edward King asked what the elevation of the land was in reference to Elmira "' Road . Mr . Seldin stated that , in the • environmental impact '', ' statement as prepared by the Planning Department , it stated that the roof ridge elevation would be five to seven feet higher than the elevation of the pavement of the Elmira Road . Attorney Barney questioned the maintenance responsibilities of the road and Mr . Seldin stated that it would have to be a shared responsibilityliby the owner and those having access and that there would be an ° agreement to this effect . Chairman Aron inquired of Mr . Anderson how big of an operation his business was and Mr . Anderson responded that he sends out two to fouriitrucks a day and that it was very busy but that in the wintertimelit slowed down . Edward King inquired about the other buildings in the area and what the elevation of those buildings was and it was determined that at finished elevation to the peak they were about 24 feet in height . Edward Austen inquired if there would be outside storage and Mr . Anderson responded ;, there would not be except for the vans for loading and unloading . ! Mr . Austen inquired as to the location of the vans and Mr . Anderson indicated on the sketch where the loading dock would be , ,: • A motion was madel!; by Edward King as follows : u WHEREAS , this Board finds that the proposed structure will be in a Light ilIndustrial Zone which is on 90 acres substantially undeveloped , the site in question being about one and one -half , acres , and being some twenty feet or more below the elevation of the surrounding state highways , and because of these facts , the proposal will have very minimal or no impact on the amenities of the land adjoining the state highways , and WHEREAS , it will ' not have any deleterious impact on other properties within the zone , Mr . Mancini being the owner of the entire 90 acres , and owning the only other building there , and WHEREAS , it is an ideal site for this type of operation because it is out of the public view and yet it serves a very useful public purpose , and WHEREAS as to the height variance , this type of operation requires a higher height than the normal 25 feet statutory limitation , and WHEREAS , as to the private roadway , sufficient evidence was presented to the Board that ingress and egress to Routes 13 • and 13 -A was available , it is therefore RESOLVED , that this Board grant a variance permitting the setback of the building to be 90 feet rather than the 11 required 150 feet ; that the south side yard be permitted to be 45 feet rather than the required 60 feet ; and it is further RESOLVED , that this Board grant a variance permitting the height of the building to be as high as 28 feet ; and it is further RESOLVED , this Board approve the siting of the structure on a private roadway because there is ample access to fire vehicles and other emergency vehicles , conditional upon the applicant obtaining a legal right of way for ingress and egress over such IVrivate road to Route 13 and Route 13 -A ; and it is further " RESOLVED , that this variance is conditional upon the understanding that the conditions imposed by the Planning Board will be met .i'. Joan Reuning seconded the motion . The voting was as °, follows : • Aye - Aron , Reunin,g , King , Austen • 1 8 • Nay - None The motion was carried . The third item on the agenda was the following . APPEAL of Michael J . Hannan , Appellant , from the decision of the Building Inspector/ Zoning Enforcement Officer denying permission for the construction of proposed " South Yard " Warehouse approximately 36 feet in height , proposed to be located on Five Mile Drive ( N . Y . S . Route 13A ) near Elmira Road ( N . Y . S . Route 13 ) , on Town of Ithaca Tax Parcel No . 6 - 31 - 3 - 3 . 11 , 1 . 46 acres total , in a Light Industrial District . Permission is denied under Article VIII , Section 44 , of the Town of Ithaca Zoning Ordinance whereby a building height no greater than 25 feet is required . A height variance for said proposed warehouse was granted by the Zoning Board of Appeals on May 14 , 1980 , permitting a building height of 32 feet . Mr . Michael J . Hannan appeared before the Board together with his attorney , William Seldin . Chairman Aron indicated Mr . Hannan had appeared before the • Planning Board on October 20 , 1987 . A copy of the adopted resolutions as to the SEQR and as to the " South Yard " Warehouse Revised Site Plan is attached hereto as Exhibit 6 . Chairman Aron stated that Mr . Hannan was granted a variance for his building to be, 32 feet in height in 1980 and wondered why Mr . Hannan now wanted his building to be four foot higher . M r . Seldin explained that the building was no higher today than it was in 1980 but there was a difference in the way it was measured at the time Lew Cartee looked at it as opposed to the way it was measured at the present time , the difference being where it was measured from . Mr . Hannan stated that at the present time the measurement must be taken from the lowest point of the grade to the highest point of ,, the structure which makes his structure approximately 34 feet 10 inches and that is why he was asking for 36 feet . Chairman Aron asked when Mr . Hannan put the trusses up and Mr . Hannan responded that it was immediately after he was granted the height variance in 1980 for 32 feet . Chairman Aron asked why the structure had stood for seven years without a cover and had not been completed . Mr . Seldin explained that Mr . Hannan had encountered marital problems and was unable to complete the structure but now desired to do so . The public meeting was opened . No one appeared . • The public meeting was closed . 9 • Edward King pointed out that the property was listed as Town of Ithaca tax parcel 31 - 3 - 3 . 1 and it appeared that 3 . 1 was the original total triangular parcel of some 2 . 6 acres which was discussed in 1980 . He continued that that parcel had been split and apparently Mr . Hannan ' s building was on the southerly part , being 1 . 3 or 1 . 4 acres known as tax parcel No . 31 - 3 - 3 . 11 , the northerly strip which is the other half of the parcel being 31 - 3 - 3 . 12 and that apparently seemed to form the roadway . He asked Mr . Seldin if he was correct and Mr . Seldin responded that he was as far as he understood it . Mr . Seldin said that he had brought the abstract with him and read from said abstract an excerpt pertaining to a road right of way for the purpose of ingress and egress granted by Mr . Mancini . Chairman Aron inquired what Mr . Hannan intended to store in the building and Mr . Hannan stated it would be restaurant type equipment . Chairman Aron asked if there would be any outside storage and Mr . Hannan replied there would not be . Chairman Aron asked if there would be security lighting and Mr . Hannan responded there would be and that it would be direct lighting . Joan Reuning asked what kind of activity this business would generate and Mr . Hannan responded it would be minimal , that it • would consist of trucks delivering equipment to the site and a local delivery truck picking it up to take it to the client . He estimated it would be two or three trucks a day . Chairman Aron inquired when Mr . Hannan would complete the structure if the Board were to grant a variance . Mr . Seldin then spoke about the problems Mr . Hannan encountered in 1980 when the building was not completed . Mr . Seldin said that Mr . Frost , Attorney Barney , and himself worked things out so that what the Town desired in the interim with regard to this uncompleted structure could be accomplished until Mr . Hannan ' s difficulties could be resolved . Mr . Seldin said that he thought Mr . Hannan had shown good faith in adhering to the wishes of the Town in this regard . He continued that now Mr . Hannan was the sole owner in fee of this property and had taken on a partner , Mr . Benjamin , who had a restaurant equipment business and together they had formed a joint venture and intended to seek financing and if successful would start construction in January of 1988 . Mr . Hannan thought that construction would be "completed by June of 1988 . Edward King asked what the elevation of the building would be and Mr . Seldin responded it would be about 22 feet below the grade of the state highway . Mr . Frost indicated that the shrubbery and vegetation on the road would obscure most of the • view of the building . , Mr . Seldin said that one of the conditions of the Planning Board was that the vegetation remain intact . Mr . 10 • Hannan said that at low . end there were large willow trees that he intended to save . Ms . Beeners stated that additional vegetation was proposed to be planted and there would be a minimum of twelve evergreen trees planted - at a height of five to six feet near the entrance onto Route 13 -A to assist in blocking views there and also on the south side of the building to assist in buffering and adding to existing spruce , etc . in that general area . Chairman Aron inquired of Mr . Hannan whether the large boat that had sat on the property for many years was being disposed of and Mr . Hannan responded that it was . Mr . Seldin stated that one of the concerns that Attorney Barney and Mr . Frost had was Mr . Hannan cleaning up his operation and thought that with the help of Mr . Barney and Mr . Frost this had been accomplished . ; Mr . Frost said that he was satisfied that things had been taken care of . Ms . Beeners was asked for her recommendation and she stated that because of the existing vegetation together with the proposed plantings indicated on the revised site plan , the nature of the neighborhood along Route 13 -A across from the site which is largely undeveloped land , and the fact that when one was driving on 13 and 13 -A much of the building was not visible and • what was visible would eventually be screened by plantings , she recommended a negative declaration of environmental significance . A motion as to the environmental assessment regarding the height variance was made by Edward King as follows : RESOLVED , this Board accepts the responsibility as the lead agency in the environmental review as far as the requested height variation and that it adopts the recommendation of the Town Planner to find a negative determination of environmental significance of this height variance upon the understanding and condition that the conditions imposed by the Planning Board as to screening , vegetation , etc . be followed . Edward King seconded the motion . The voting was as follows : Aye - Aron , King , Reuning , Austen Nay - None The motion was carried . A motion as to the height variance was made by Joan Reuning as follows . • WHEREAS , it appearing that the visual impact from Route 13 • 11 and Route 13 - A of the proposed storage area would be minimal ; and WHEREAS , from Route 13 - A the screening will be increased ; and WHEREAS , it would be an unnecessary hardship to require the removal of the existing truss structure that is already standing ; and WHEREAS , no one from the public appeared in opposition to this variance ; it is RESOLVED , that this Board grant a height variance to permit construction of " South Yard " Warehouse to be no more than 36 feet in height ; and it is further RESOLVED , that the conditions as set forth by the Planning Board with regard to this matter be adopted . Edward King seconded the motion . The voting was as follows : • Aye - Aron , Reuning , Austen , King Nay - None The motion was carried . The last item on the agenda was as follows : APPEAL of John and Doris Perialas , Property Owners / Appellants , John and Valerie Littlefield , Applicants / Agents , with respect to a request for Special Approval of a Nursery School Use , pursuant to Article IV , Section 1 1 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , for the proposed expansion of Little Feet Montessori Center to include 44 children , an enrollment of 32 children having been previously approved and presently attending , and a room addition , at 139 Honness Lane , Town of Ithaca Tax Parcel No . 6 - 58 - 2 - 39 . 6 , Residence District R - 15 . Chairman Aron referred to the conditions imposed upon the Littlefields at the lY81 hearing . Chairman Aron stated that one of the conditions as to parking , which conditions were imposed when special approval , was granted in 1981 to the Littlefields , was that the parking lot should be striped . Chairman Aron indicated that from the photographs he had viewed this had not • been done . Chairman Aron then asked Mr . Frost if he had witnessed any further violations when he had made his inspection of the property in November of 1987 . Mr . Frost responded that Part of the conditions of the special approval was that the 12 parking areas across the street from the school be clearly marked and that there be signs showing entrance and exit . Mr . Frost stated that as of his inspection in November of 1987 there were no clearly marked parking spaces and that some vehicles were parked on the grass . Mr . Frost went on to say that there was one sign showing the entrance but this was in poor repair and there was no exit sign . Mr . Littlefield acknowledged that they had done nothing with regard to the parking situation . Mr . Littlefield explained that there was great demand for quality daycare in Tompkins County and they were trying to supply that quality daycare to more children and that was why they were before the Board . Mr . Littlefield stated that they had tried to take care of the traffic problem and there had been absolutely no problem with parking or traffic . Chairman Aron said there must have been some problem because from the photographs it appeared that there were cars parked on the lawn . Chairman Aron further stated that he was aware that during the last snowfall , about ten days ago , some cars could not park at the school and indeed had to park on someone else ' s property . Mr . Littlefield said that was correct but a normal condition on Honness Lane and that if a neighbor could not get to their house up the street and came to the school to ask if they could park in their parking lot he would say yes but caution them to park out of the way so other people can get through Mrs . Littlefield stated they had also accommodated neighbors by letting them park in the school parking lot on weekends , especially one Mrs . Bredbenner . Chairman Aron asked if the Littlefields had ever considered buying other land for their school and Mr . Littlefield responded they had considered doing that across the street but had been turned down . Chairman Aron said that was still in an R - 15 district and that people want their neighborhood to remain a residential neighborhood . Chairman Aron continued that the Board had allowed 32 children to be present on the property and it was not to exceed that number . Chairman Aron stated that the Board was taken aback by the fact that the Littlefields were now coming in to request more children and would it not be more feasible for them to look for land outside the R - 15 zone and build their school there . Mr . Littlefield stated that there were approximately eighteen people in the neighborhood that had used the school and referred to a list of same . Mr . Littlefield continued they wanted their school to be a house in a neighborhood kind of situation where children were treated with respect and given the • use of an actual house . Mr . Littlefield felt this kind of setting was best for the children and indeed they felt they had the best daycare in the County of Tompkins . • 13 Chairman Aron stated that what the Board had to consider was whether to allow more children to be added in an R - 15 district which is a residential neighborhood . Mr . Littlefield continued that there was a vast number of parents who wanted their children to be enrolled in their daycare center because it is so good for the children . He felt that they should at least be allowed to utilize the area they had in the school now to its fullest extent . He said that it was a school , an educational institution , and was a benefit to the neighborhood and to the community as well . Mr . Littlefield could not understand why the neighborhood did not want them since some of the children raised in that neighborhood had attended the school . Mr . Littlefield said they were trying to work things out so the neighbors would be satisfied and had indeed tried to move across the street but had been turned down for 120 children and now they were only asking for 12 more children in an existing building . Mr . Littlefield said that the traffic question should not be a problem because according to Town Engineer Flumerfelt ' s report the practical capacity '' of Honness Lane is 900 vehicles per hour and right now the use on Honness Lane is approximately 310 vehicles per hour . He continued that even with the additional • twelve children which would bring the total to 44 children the use would be brought up to 316 vehicles per hour . He stated that as far as the traffic is concerned the report showed that the traffic would not be a ' problem . Mr . Littlefield continued that the house has been there for a long time and is attractive , not a square schoolhouse looking structure , and the additional room would not impede anybody ' s view . Chairman Aron asked at this point where Mr . and Mrs . Littlefield resided and they said they resided on Mecklenburg Road , Chairman Aron stated that even though the house had a residential facade it was still a business . Chairman Aron read a letter from George and Matoula Nickles in opposition to the expansion , a copy of which letter is attached hereto as Exhibit 7 . He also read two letters from Edgar and Barbara Bredbenner , also in opposition , copies of which letters are attached hereto as Exhibits 8 and 9 . Mr . Littlefield said that after the Planning Board meeting he had thought of a way to make a single very small driveway in the front of the house so that no trees would have to be removed . • The public meeting was opened . • 14 Peter Nickles spoke for his parents , George and Matoula Nickles who lived next door to the residence in question . Mr . Nickles stated that cars now parked at the residence across the street which is an apartment house and also a business venture . He wondered what would happen to the parking situation for the Littlefield School if that business across the street were sold . George Nickles who lives next door to the Littlefield School said that he bought his house to relax in his senior years in peace and quiet . Mr . Nickles said that there were apartments in back of his house and expansion all around him and now the Littlefield School wanted to expand . He maintained that when the children are outside for recess for two hours in the morning and two hours in the afternoon he had to put down his windows to hear his television . Mr . Nickles said that traffic was also bad in the neighborhood and last week there had been about ten cars stuck in the road . Douglas Armstrong of 121 Honness Lane , Ithaca , New York , said he was against the expansion of the daycare center across the street on Honness Lane and was still against the expansion in its present location . Mr . Armstrong was not opposed to daycare or to the methods the Littlefields used in teaching . Mr . • Armstrong was concerned with the continued whittling away of the R - 15 area which is comprised of Honness Lane and Pine Tree Road by tremendous growth within a relatively small area . He continued that this growth indicates a diminishing value of the residential aspect of life in that area . The duplexes and four apartment homes have already changed the character of the neighborhood and even had the Town Planner referring to the area concerned as the " fringe area for R - 15 . " He stated that Little Feet was approved in 1978 for 15 students and in 1981 at its present location , 139 Honness Lane , the number was increased to 32 . Mr . Armstrong felt that every incursion into a residential area decreases the privileges of all other individual owners in this R - 15 area of Ithaca . Mr . Armstrong asked that the Board deny the request for an addition of children to the Little Feet School at 139 Honness Lane , Ithaca , New York , Mr . Gus Lambrou of 156 Honness Lane stated that he had lived there for 20 years and had bought , the house because it was in a residential area . Mr . Lambrou asked the Board to deny the application for an increase in the number of children at Little Feet School . Ms . Shirley Rappensperger of 139 Pine Tree Road said she had lived in this " fringe' area " for 26 years . She stated that when they moved there there were only single family houses but now approximately 50 % of those houses have apartments in them . Ms . • Rappensperger stated that the accumulation of variances , etc , puts the residents of that R - 15 neighborhood in a marginal or fringe neighborhood . She asked that no further changes be • 15 allowed to increase the problem because she felt the residents had a contract with the Town of Ithaca in that they lived in an R - 15 zone and wished it to remain so . She continued that when the daycare center f irst was proposed many residents were in favor of it but now feel it has outgrown the neighborhood daycare kind of concept . Mrs . Littlef field stated that when the children go outside on rare special occasions like a Halloween parade or having an ice cream cone because of a birthday party , they are outside in groups of 15 and 17 children . For a fire drill , she said , everyone evacuates . Other than that , she continued , the children go out in groups of nine children so that the play area in the backyard is used by no more than nine children at one time and sometimes there are only five at a time . Mrs . Littlefield stated some children don ' t go out at all . She also said that the children were not out there for recess for two hours but it was more like a ten or fifteen minute span , especially now when the weather is not so good , and it was a small group of children at a time . Mr . Nickles said that th e children come out twice a day every day especially in the spring and summertime and he did not know exactly how many there were at one time as he never counted . • The public hearing was closed . Chairman Aron stated that he had been out to the property himself to view it a number of times and had found that drivers were very irresponsible and traffic was a problem in that area . Chairman Aron felt that twelve more children would add to the traffic problem because it meant twelve more cars in the morning and twelve more cars in the afternoon in addition to the traffic already present on that road generated by the other development in the area , the churches , the non - conforming uses in the area , etc . He felt that all this was , in his opinion , not advantageous to the residents of the area . Chairman Aron stated that when the Littlefields were granted the extension to 32 children he thought it was a fine thing and had congratulated the Littlefields on their concept of daycare but he did not think his conscience could let him vote for further expansion now in fairness to the residents of that area . Mrs . Reuning referred to the list mentioned by Mr . Littlefield of parents in the area who had used their daycare facility and noted that only one family on Honness Lane had used that daycare . A copy of said list is attached hereto as Exhibit 10 . Mrs . Reuning felt that the residents of Honness Lane were going to feel the impact more than anyone else of further • expansion in their immediate neighborhood . Mrs . Littlefield asked then if petitions submitted in 16 opposition to their school should not bear names from Pine Tree Road and surrounding areas and should only bear names of residents on Honness Lane , Mrs . Reuning that the list was misleading since Honness Lane was listed first , yet only one family from Honness Lane was mentioned . Edward Austen said that when the Board first approved the school he was very much in favor of it as daycare was needed and he felt that putting a school in this house was a good use of that particular property . He continued that when the school was expanded to thirty children it was questionable because of the noise and traffic generated . Mr . Austen said that . now he had serious doubts as to further expansion and felt it would be too much of an imposition on the neighbors and also felt that the traffic would be increased significantly . Mr . Littlefield felt that Little Feet was an educational institution and something that was important to the whole community , not just to Honness Lane and it was sad that an educational institution' was limited because of other things that had developed in the area . Mr . Littlefield said that those other • things had developed long before they got there and they basically had nothing to do with them in terms of the time span in which they tried to expand their school . Mr . Littlefield felt that everything else had been allowed to grow around them long before they came to the area . He mentioned the doctor ' s office on Pine Tree Road , the church nursery school , the construction a half a mile away of Cornell , and the Judd Falls Shopping Center . Mr . Littlefield could not understand why something as important as a nursery school should be limited or put down just because all of this other development . Attorney Barney told Mr . Littlefield a line had to be drawn somewhere , that if the twelve extra children were approved , then they would request fourteen , and so on . He continued that there had been an expansion two or three times and now , according to many people , for the size of the lot and the location , the number of children were enough . Attorney Barney said that even though Mr . Littlefield felt he was victimized by all of the other development lines had to be drawn and policy had to be followed . Mrs . Littlefield' clarified that in 1979 or 1980 they were approved for 15 children on 140 Honness Lane . When they requested additional " children they moved to a new location on Honness Lane where they are presently so they have never asked for more children at their present location . Mrs . Littlefield said she understood what Mr . Barney was saying as she was also a • homeowner but additional daycare was needed in the County and she wondered where it would be placed , in old jailhouses for example or were the children going to be placed in a situation that was • 17 good for the children and for the community . Mr . Littlefield added that there was more room in the present house than for ° 42 children but he felt that room was important for children so they would not feel crowded . Mrs . Littlefield felt that the square footage requirement of 33 square foot per child mandated by the State of New York was not enough so that was why they had additional space . She continued that if they were granted the twelve additional children they would not come before the Board for this particular property again for any additional children . Mr . Littlefield felt that they had tried to work within the community and with the zoning board to offer something to the community that was needed , that the engineer ' s report had shown that traffic would not be a problem , but that because the community had grown up so much around them , now everyone wanted to draw the line and they were the ones being turned down . Chairman Aron referred to the environmental assessment recommendation of Susan Beeners , a copy of which is attached hereto as Exhibit 11 . At this point , Ms . Beeners asked if she could make a revision to this report . Ms . Beeners stated that • based upon the comments that had been made at the public hearings , both at the Planning Board and at the Zoning Board of Appeals , and also based upon the suggestions of the Planning Board to the Zoning Board of Appeals on this matter , she believed that there might be significant adverse impact on the neighborhood and possible erosion of what the intention of the zoning ordinance was . Ms . Beeners stated it would depend upon how the Town Boards define comprehensive planning . Edward King asked Ms . Beeners if the amendments made to her review changed her recommendation to a positive declaration of environmental significance and Ms . Beeners responded that she was recommending that there may be significant adverse impact , especially as related to community character and land use plans and goals as officially adopted , and as based on the amount of public input that there had been at the meetings and the deliberations of the Planning Board . Edward King made a motion as to the environmental impact as follows : WHEREAS , the Zoning Board of Appeals is the lead agency for this unlisted action , and WHEREAS , this Board finds that this nursery school is housed in the most restrictive residential zone area of the Town of • Ithaca , namely R - 15 , that it occupies what appears to be a normal single family dwelling which was built with the standard setback from the south side of Honness Lane on a 18 lot that is 100 feet wide by 175 feet deep , with an adjunct parking area at. 143 Honness Lane ; and WHEREAS , the intensity of residential development in this area within the last several years has been extreme , there being three times as many dwelling units within a half mile of this particulararea as there were a few years ago when the special permit was issued for 32 children in this home ; and WHEREAS , the problem of traffic on Honness Lane is increased by the concentration of vehicles depositing and picking up children about four times a day , adding to the sense of noise and congestion in this residential neighborhood ; and WHEREAS , this Board is not against daycare centers and accepts the fact that there is a need for more quality daycare but not ata cost to the residents of the area ; and WHEREAS , this Board has taken into account the comments made by the Town Planner in amending her recommendation as to the environmental impacts and • WHEREAS , while the Board acknowledges that there is a daycare facility in the Lutheran Church several hundred feet east of the property in question , it should be noted that the Lutheran Church is built several hundred feet back south away from the highway and has a large front lawn and is a much bigger property and more suitable for this type of operation ; it is therefore RESOLVED , that this Board finds a positive declaration of adverse environmental impact by this proposal to increase the number of children from 32 to 44 in its present location even with the proposed addition to the structure . Edward Austen seconded the motion . The voting was as; follows : Aye - Reuning , Aron , Austen , King Nay - None The motion was carried . There being no further business to come before the Board the meeting was adjourned , at 9 : 30 p . m . • • 19 Respectfully submitted , jA"� Beatrice Lincoln Recording Secretary APPROVED b Henr 'y'/Aron Chairman Exhibits 1 through 11 attached . • J • TOWN OF ITHACA ZONING BOARD OF APPEALS EXECUTIVE SESSION HELD NOVEMBER 18 , 1987 The Zoning Board of Appeals of the Town of Ithaca met in executive session at a public meeting held on November 18 , 1987 , at 9 : 30 p . m . in the Ithaca Town Hall , Present : Chairman Henry Aron , Joan Reuning , Edward Austen , Edward King . Chairman Aron brought to the Board ' s attention the fact that Jack Hewett ' s term would be over at the end of 1987 , and had agreed to serve for another five year term if appointed , and that recommendations had to be made for the ensuing year for Chairman and Vice - Chairman of the Zoning Board of Appeals . Chairman Aron closed the Executive Session and opened the public meeting for the purpose of appointment and vote . Edward King made a motion as follows : RESOLVED , that the Zoning Board of Appeals recommend to the Town Board of the Town of Ithaca the reappointment of Jack • Hewett to the Zoning Board of Appeals for a five year term . Joan Reuning seconded the motion . The voting was as follows . Aye - Aron , Reuning , Austen , King Edward King made a motion as follows : RESOLVED , that the Zoning Board of Appeals recommend to the Town Board of the Town of Ithaca the appointment of Henry Aron as Chairman of the Zoning Board of Appeals for the ensuing year . Joan Reuning seconded the motion . The voting was as follows : Aye - King , Reuning , Aron , Austen Nay - None The motion was carried . Joan Reuning made a motion as follows : • RESOLVED , that the Zoning Board of Appeals recommend to the Town Board of the Town of Ithaca the appointment of Edward Austen as Vice - Chairman of the Zoning Board of Appeals for J • the ensuing year , Edward Austen seconded the motiono The voting was as follows ° Aye - Reuning , King , Austen , Aron Nay - None The motion was carried . The public meeting was closedo There being no further busines the hearing was closed at 9045 p . m . Respectfully submitted , Beatrice Lincoln Recording Secretary • • O ' CONNOR, SOVOCOOL, PFANN & TYLER ATTORNEYS AT LAW • SUITE 308 SAVINGS BANK BUILDING P. O. BOX 789 ITHACA, NEW YORK 14850-0789 807.2735959 ROGERB. SOVOCOOL JAMES F. O'CONNOR (190&1984) GEORGE R. PFANN, JR. EENJAMIN F. SOVOCOOLIRET)RED) DAVID A. TYLER M. JOHN SHERMAN PATRICIA M. OESTERLE November 16 , 1987 Board of Zoning Appeals Town of Ithaca Gentlemen . It is my understanding that Leslie N . and Margaret B . Reizes are seeking a variance on premises at 1061 Taughannock Blvd . Mrs . Libby Leonard adjoins the Reizes property on the . north and resides at 1065 Taughannock Blvd . There is a serious dispute over the location of the property line between the two parties . • Armand Adams , Esq . did considerable research on the said line a number of years ago . There evidently is on file two surveys of the property which disagree over the line . In addition , Mrs . Leonard has occupied the premises claimed by Reizes for over forty - six ( 46 ) years and her occupancy has been adverse and continuous . The property line must be settled between the parties before any further variance can be given . We respectfully request that the hearing be postponed on the variance denied until this property line is settled and established . ery truly your , R R B . SOVOCOOL RBS : jma cc . Mrs . Libby Leonard Mr . Tom Niederkorn • Exhibit 1 PAUL MANCINI & SONS, INC. . . . . . . . . . . General Contracting •PHONE 272-3600-ARBA CODE 607 608 ELMIRA ROAD ITHACA, NEW YORK 14850 October 26 , 1987 Richard R . Anderson' 246 Iradell Rd . Ithaca , N . Y . 14850 Dear Dick : Regarding proposed purchase of bldg . lot at the rear of 606 Elmira Rd . This is to confirtl egress and exit from our existing private roads to route 13 and 13A . v • Mancini Realty Earland Mancini EM/ lou Exhibit 2 ######### • ## ##### ## TOMPKINS COUNTY DEPARTMENT OF PLANNING #### ####### #### ####### Frank R . Liguori PE Commissioner of Planning ######### #### ############ ############# ### ## Town of Ithaca 87 - 25 November 3 , 1987 To : Susan C . Beeners From : Frank R . Liguori , Commissioner of Planning Re : Zoning Review Pursuant to Section 239- 1 and -m of the New York State General Municipal Law , Case , Area variance appeal of Richard R . Anderson at 608 Elmira Road ( state 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 interests . Therefore , no recommendation is • indicated by the County Planning Department and you are free to act without prejudice . i Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850607 2 ( ) 74- 5360 Exhibit 3 i Richard Anderson Moving and Storage Facility - 1 - 608 Elmira Road Preliminary Subdivision and Preliminary Site Plan Approvals Planning Board , November 3 , 1987 ADOPTED RESOLUTION : SEQR Richard Anderson Moving and Storage Facility 608 Elmira Road Preliminary Subdivision and Preliminary Site Plan Approvals Planning Board , November 3 , 1987 MOTION by Mr . Robert Kenerson , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . This action is the consideration of Site Plan Approval and Subdivision Approval for a proposed moving and storage facility , proposed to be located on a 1 . 5 ± acre portion of Town of Ithaca Tax Parcel No . 6 - 33 - 3 - 2 . 2 , 90 . 23 acres total , in a Light Industrial District at 608 Elmira Road , 2 . This is an Unlisted Action for which the Planning Board has been • legislatively determined to act as Lead Agency for environmental review of the proposed Site Plan and Subdivision , and for which the Town Planner has recommended that the Planning Board also act as Lead Agency in the consideration of a variance of the 25 - foot maximum height requirement to permit a 26 - foot high building . 3 . The Town Planner has recommended a negative determination of environmental significance , subject to certain mitigation measures which are being included in the further implementation of the project . THEREFORE , IT IS RESOLVED : That the Planning Board , acting as Lead Agency in the environmental review pertinent to this Unlisted Action , make and hereby does make a negative determination of environmental significance . Aye - May , Grigorov , Klein , Ken erson , Lesser . Nay - None . CARRIED UNANIMOUSLY . • Exhibit 4 Richard Anderson Moving and Storage Facility - 2 - 608 Elmira Road Preliminary Subdivision and Preliminary Site Plan Approvals Planning Board , November 3 , 1987 • ADOPTED RESOLUTION : Richard Anderson Moving and Storage Facility 608 Elmira Road Preliminary Subdivision and Preliminary Site Plan Approvals Planning Board , November 3 , 1987 MOTION by Dr . William Lesser , seconded by Mr . Robert Kenerson : WHEREAS : 1, 6 This action is the consideration of Site Plan Approval and Subdivision Approval for a proposed moving and storage facility , proposed to be located on a 1 . 5 ± acre portion of Town of Ithaca Tax Parcel No . 6 - 33 - 3 - 2 . 2 , 90 . 23 acres total , in a Light Industrial District at 608 Elmira Road , 2 . This is an Unlisted Action for which the Planning Board , acting as Lead Agency for environmental review , has made a negative determination of environmental significance . 3 . The Planning Board , at a Public Hearing on November 3 , 1987 , has • reviewed the following material : " Map of a Portion of Lands of Mancini Realty Company , Showing 1 . 5 ± acre Parcel with Proposed Anderson Building , Location off Elmira Road , Town of Ithaca , Tompkins County , New York " , dated October 13 , 1987 , signed and sealed by Clarence W . Brashear , L . L . S . SEQR Short EAF , dated October 26 , 1987 ., signed by Richard R . Anderson , Appeal Form , dated October 23 , 1987 , signed by Richard R . Anderson . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board waive and hereby does waive certain requirements for . Preliminary Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board , 2 . That the Planning Board grant and hereby does grant Preliminary Subdivision Approval of the subdivision as herein proposed , and grant and hereby does grant Preliminary Site Plan Approval to the proposed facility , subject to the following conditions . • a . The granting of any necessary variances for the proposed facility by the Zoning Board of Appeals . Exhibit 5 Richard Anderson Moving and Storage Facility - 3 - 608 Elmira Road Preliminary Subdivision and Preliminary Site Plan Approvals Planning Board , November 3 , 1987 • b . That the applicant obtain a waiver of the requirements of Town Law , Section 280 - a , from the Town of Ithaca Zoning Board of Appeals . c . The submission of a final subdivision plat and final site plan , to be subject to approval by the Town Engineer , showing the dimensions of the overhead transmission line right of way , proposed drainage and other site improvements , and information on the right of the applicant to use the private roads shown on the plan for access to Elmira Road and to Five Mile Drive . d . That such final subdivision plat show the location , approved by the Town Engineer , of any roads which may be proposed as public roads . e . The approval of the water supply and septic system by the Tompkins County Health Department , such approval to be shown on the final plat . f . The approval of the building color and landscaping plan by the Town Planner . • g . The approval of restoration of the spoil storage area by the Town Engineer . Aye - May , Grigorov , Klein , Kenerson , Lesser . Nay - None . CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . November 6 , 1987 . • or " South Yard " Warehouse Revised Site Plan - 1GOOD Five Mile Drive Michael J . Hannan , Owner - Planning Board , October 20 , 1987 ADOPTED RESOLUTION : SEQR " South Yard " Warehouse. Revised Site Plan Five Mile Drive Michael J . Hannan , Owner Planning Board , October 20 , 1987 MOTION by Mrs . Carolyn Grigorov , seconded by Mr . James Baker : WHEREAS : 1 . This action is the consideration of approval of a revised site plan for the proposed " South Yard " Warehouse , proposed to be located on Five Mile Drive ( NYS Route 13A ) near Elmira Road ( NYS Route 13 ) on Town of Ithaca Tax Parcel No . 6 - 31 - 3 - 3 . 111 1 . 46 acres total . 2 . This is an Unlisted Action for which the Planning Board , acting as Lead Agency , made a negative determination of environmental significance on June 3 , 1980 . .3 The Town Planner has recommended that such negative determination of environmental significance be reaffirmed because the revised site plan does not represent a significant increase in either size or scope of the project . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board , acting as Lead Agency in environmental review of the revised site plan , reaffirm ' and hereby does reaffirm a negative determination of environmental -, significance for the action . 2 . That the Planning Board recommend and hereby does recommend that the Zoning Board of Appeals act as Lead Agency in the environmental review of any request for modification of a height variance granted by said Board of Appeals on May 14 , 1980 . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser . Nay - None . CARRIED UNANIMOUSLY . Exhibit 6 f 4 " South Yard " Warehouse Revised Site Plan - 2 - Five Mile Drive it Michael J . Hannan , Owner Planning Board , October 20 , 1987 ADOPTED RESOLUTION : " South Yard " Warehouse Revised Site Plan Five Mile Drive Michael J . Hannan , Owner Planning Board , October 20 , 1987 MOTION by Dr . William Lesser , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the consideration of approval of a revised site plan for the proposed " South. Yard " Warehouse , proposed to be located on Five Mile Drive ( NYS Route 13A ) near Elmira Road ( NYS Route 13 ) on Town fo Ithaca Tax Parcel No . 6 - 31 - 3 - 3 . 11 , 1 . 46 acres total . 2 . This is an Unlisted Action for which the Planning Board , acting as Lead Agency for site plan review , has on October 20 , 1987 , reaffirmed a negative determination of environmental significance that was made on June 3 , 1980 . 3 . The Planning Board , at a Public Hearing on October 20 , 1987 , has reviewed the following material : Two Sheets entitled , " Building for Michael Hannan : Five Mile Drive , Town of Ithaca " , by Robert A . Boehlecke Jr . , Architect - - Site Plan ; Building Elevations , SEQR Short EAF , dated September 23 , 1987 . THEREFORE , IT IS RESOLVED : That the Planning ' Board grant and hereby does grant - Site Plan Approval to the revised plan as presented , with the following conditions : 16 That the Zoning Board of Appeals consider any potential application for modification of the height variance previously granted by said Board of Appeals , prior to issuance of a building permit . 2 . That the premises be used solely for warehouse storage . , 3 . That the Owner /Applicant demonstrate , to the satisfaction of the Town Attorney , that he has either fee title or a right of way to provide legal access over the existing paved road to the facility to be constructed thereon , 4 . That all storage be contained within the proposed structure . " South Yard " Warehouse Revised Site Plan - 3 - Five Mile Drive W Michael J . Hannan , Owner Planning Board , October 20 , 1987 5 . That the existing vegetation remain as shown on the site plan dated June 3 , 1980 , and on the revised site plan reviewed by the Planning Board on October 20 , 1987 . 6 . That the color of the structure be as approved by the Town Planner . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser . Nay - None . CARRIED UNANIMOUSLY . Nanby Mo,�4Vuller , Secretary , Town of Ithaca Planning Board , October 22 , 1987 . �� s TO : TOWN OF ITHACA BOARD OF ZONING APPEALS MEETING NOVEMBER 18 , 1987 IRROM GEORGE AND MATOULA NICKLES 137 HONNESS LANE ITHACA , NY , 14850 FOR THE REQUEST OF PERIALIS - LITTLEFIELD , 139 HONNESS LANE , FOR A REQUEST FOR AN ADDITION TO AN EXISTING BUILDING AND TO INCREASE THE NUMBER OF CHILDREN ATTENDING SCHOOL UP TO A TOTAL OF 44 . WE LIVE DIRECTLY NEXT DOOR TO THE PERIALIS PROPERTY WHERE THE LITTLEFIELDS RUN A BUSINESS CALLED , " LITTLEFEET . " AT FIRST THE BUSINESS WAS TO ACCOMODATE 15 CHILDREN WITH TRAFFIC TO MATCH . NOW THE 15 HAVE GROWN TO 32 AND TRAFFIC TO MATCH . WE ARE NOW ASKED TO ACCEPT 44 CHILDREN WITH TRAFFIC TO MATCH . WHERE DO ALL THE AUTOMOBILES STOP AND GO WHEN THE FACILITY WAS ORIGINALLY DESIGNED TO ACCOMODATE A SINGLE FAMILY . THIS IS BECOMING A TREMENDOUS COMMERCIAL VENTURE IN OUR R - 15 NEIGHBORHOOD . THE NOISE FACTOR EVERY MORNING AND EVENING DURING THE RECESS SESSION AND THE SOUNDS OF 32 CHILDREN OUTDOORS WITH LITTLE RESTRICTIONS IS ALARMING . WITH THE ADDED CONDOMINIUMS DOWN THE STREET , THE HOUSING AND APARTMENTS BEHIND US AND THE COMMONLAND COMMUNITY THE ADDED TRAFFIC FLOW UP AND DOWN HONNESS LANE MAKES IT DANGEROUS TO PULL IN AND OUT OF A DRIVEWAY DESIGNED FOR A SINGLE FAMILY , ESPECIALLY IN THE WINTER . WHAT WE FEEL THIS BUSINESS NEEDS IS A MUCH LARGER PROPERTY , MORE PARKING , 0 ASY ACCESS AND REGRESS IN A MORE ISOLATED AREA WHERE THE RESIDENTS DO OT HAVE TO WORRY . CITING FOR EXAMPLE , THE NEW SCHOOL ON KING ROAD . WE DO NOT OBJECT TO CHILDREN BUT WE DO OBJECT TO THE OVER - CROWDING OF ONE LITTLE NEIGHBORHOOD ENVIRONMENT . THANK YOU FOR LETTING US VOICE OUR CONCERN . WE HAVE BEEN RESIDENTS OF ITHACA FOR THE PAST 30 YEARS AND HOPE YOU UNDERSTAND OUR NEIGHBORHOOD PLIGHT . SINCERELY : GEORGE & MATOULA NICKLES Exhibit 7 ;S = TO TOWN OF ITHACA PLANNING BOARD . RE PROPOSAL FOR ADDITION TO FAMILY HOME AT 139 HONNESS LANE FOR AN • ADDITIONAL FOURTEEN ( 14 ) CHILDREN TO BE LOCATED AT THAT RESIDENCE . ONCE AGAIN WE HAVE BEEN ASKED BY OUR NEIGHBORS TO REPRESENT THEM AND SEEK SUPPORT AGAINST THE PROPOSED ADDITION TO THE FAMILY HOME AT 139 HONNESS LANE AND FOR AN INCREASE OF FOURTEEN ( 14 ) CHILDREN AT THE SCHOOL HOUSED THERE . THE FOLKS IN THE NEIGHBORHOOD AGAIN ARE AGAINST ANY PROPOSALS TO EXPAND THIS SCHOOL LOCATED IN A NEIGHBORHOOD THAT ALREADY HAS HAD MORE THAN ITS SHARE OF ZONING EXCEPTIONS . WE ALL FEEL THAT WE HAVE ENOUGH DENSITY - AND TRAffic PROBLEMS IN THIS NEIGHBORHOOD ALREADY . AT THE LAST HEARING ON THIS SCHOOL WE PRESENTED SIGNATURES AND COMMENTS FROM MOST OF THE RESIDENTS IN THE NEIGHBORHOOD . ALL OF THE MANY THAT • WERE CONTACTED AND THE SIGNERS TO THIS PETITION EXPRESSED THEIR CONCERNS ABOUT THE NEIGHBORHOOD AND THE MANY CHANGES THAT HAVE ALREADY TAKEN PLACE IN THE HONNESS LANE AND PINE TREE ROAD AREA . WE ALL FEEL THAT THE LAST HEARING TOOK CARE OF ANY PROPOSALS TO EXPAND AND ANY MORE EXCEPTIONS IN OUR NEIGHBORHOOD . WHEN THIS SCHOOL STARTED FIFTEEN ( 15 ) CHILDREN WERE HOUSED THERE . AT A LATER DATE THIS WAS DOUBLED TO THIRTY . ( 30 ) THIS CHANGE WAS PRESENTED AND TOOK PLACE WITHOUT ANY PERSON IN THE NEIGHBORHOOD RECEIVING ANY NOTICE OF THIS PROPOSED CHANGE . WE ALL FEEL THIS ALREADY IS TOO MANY FOR THIS FAMILY HOME TO ACCOMMODATE AND ESPECIALLY WITH =ALL THE PARKING AND TRAFFIC PROBLEMS THAT ALREADY EXIST IN OUR NEIGHBORHOOD' . cc NOEL DESCH - SUPERVISON SHIRLEY RAFFENSPERGER - COUNCILWOMAN . SUSAN BEENERS - PLANNER EDGAR & BARBARA BREDBENNER 141 HONNESS LANE NOVEMBER 3 , 1987 Exhibit 8 w0 - - - - - - - - - - - - - - - - - - - - - TOWN OF ITHACA ZONING BOARD OF APPEALS FROM - - - - - - - - - - - - - - - - - - - BARBARA J . BREDBENNER 1.41 HONNESS LANE ITHACA , NY 14850 MEETING DATE - - - - - - - - - - - NOVEMBER .18 , 1987 RE : - - - - - - - - - - - - - - - - - - - - PERIALAS AND LITTLEFIELD ( 139 HONNESS LANE ) REQUEST FOR AN ADDITION TO AN EXISTING STRUCTURE AND TO HOUSE ADDITIONAL CHILDREN , TOTALING 44 . I REGRET THAT I WILL BE UNABLE TO ATTEND THIS MEETING DUE TO A PRIOR MEDICAL APPOINTMENT IN ATLANTA , GEORGIA . PLEASE , MAY WE HAVE THIS LETTER ALONG WITH OUR ATTACHED LETTER OF NOVEMBER 31 1987 , READ. AND MADE PART OF THE MINUTES OF THIS MEETING . TO RESTATE OUR OPPOSITION TO THE ABOVE PROPOSAL , I SHALL TRY IN A FEW WORDS TO VOICE SOME OF OUR OBJECTIONS : • y WE , THE RESIDENTS OF HONNESS LANE AND PINE TREE ROAD AREA APPEARED BEFORE YOU ON JUNE 2 , 1987 AND RECENTLY AT THE TOWN OF ITHACA PLANNING BOARD ON NOVEMBER 3 , 1987 , ASKING THAT YOU ADHERE TO THE PRESENT ZONING REGULATIONS THAT APPLY TO A R- 15 AREA , WHICH IS TO BE USED IN A RESIDENTIAL ' ; NEIGHBORHOOD , THE FUTURE LOOKS GRIM IF WE ARE TO CONTINUE TO ENTERTAIN OR ENCOURAGE ANY BUSINESS VENTURES . THE ABOVE PROPOSAL TO EXPAND THE CURRENT NON-OWNER OCCUPIED HOME SHOULD NOT BE GRANTED SINCE IT IS A COMMERCIAL ENTERPRISE . THE RESIDENTS IN OUR AREA FEEL THE PROJECT WOULD HAVE GREAT ADVERSE EFFECT ON THE DENSITY AND TRAFFIC IN THIS AREA . IT IS TO BE CLEARLY UNDERSTOOD THAT THIS BUSINESS OR ANY FUTURE BUSINESS ENTERPRIZES SHOULD BE DISCOURAGED OR TERMINATED TO PROTECT THE HOMEOWNERS CONCERNED AND EFFECTED . WE APPRECIATE , NOW , AS IN THE PAST , YOUR CONSIDERATION AND EVALUATION IN FAVOR OF THE HOME OWNERS , SOME OF OVER 30 YEARS RESIDENCE . THANK YOU BARBARA J . BREDBENNER ( MRS . EDGAR E . JR . ) Exhibit 9 r— OF 1''=art at; NT S 0 = S Ar i i rur` rC R , o , 1L6'. , = A U/000 9 j TENNI �ANq` 6A-S7-F. PLA . STs. r- LL S %Ctitr4N P . EA A NNo M. I FAr- C .= E �:, • r 6 _ �cf �� t— F � T; �;5� �,� rv'� � f-: r ` ,'� � 1=�� •= ' v ;� `. a. I �'` �" •- +l 1 i . • 1 r` ��� V �. ; tr F%1U �2 l.. PIC 0 ?�� ,W � roteOro N , kchA VE CrL VC, you-e �tv n If t '✓� e- ��M coo4. t t'4 (PA Ido � ccl � +� f l� ► c (Ld rT\A E cnv Q/ �v� 1'ti'� S� r ► iw r S k'o LG o 4v • f. 4/ 31V Exhibit 10 • PART II - Environmental Assessment - Little Feet Montessori Center Proposed Expansion A . Action is Unlisted . Be Action will not receive coordinated review . C . Could action result in any adverse effects on , to or arising from the following : Cl . Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding problems ? No significant adverse impact is expected to air quality , or solid waste production or disposal , because of the small scale of the proposed increase in site use . Because children are normally outside in the backyard play area only in small groups , no significant adverse impact with respect to noise levels is anticipated . A small impact is expected to existing traffic patterns . The increase in . traffic volumes on Honness Lane as a result of the proposed school expansion is considered negligible , and within the capacity of Honness Lane ( see Town Engineer ' s report , " Honness Lane Traffic " , dated Nov . 3 , 1987 ) . The proposed improvements to parking and circulation patterns at 139 and 142 Honness Lane are expected to mitigate any • potentially significant adverse impacts with respect to traffic safety as a result of the proposed increase of 12 children and two teachers . No significant adverse impact is expected with respect to drainage , erosion , flooding , or water quality problems that cannot be mitigated through proper design and construction of site parking improvements , as to be subject to final approval by the Town Engineer . Additional mitigation with respect to traffic and noise is considered to be provided by the vacancy of the premises on weekends . C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or nei hborhood character ? The proposed room addition would represent a slight increase in building scale as compared with other buildings on Honness Lane , but would not significantly impact views from existing residences . The benefit of providing day care in this location is considered to outweigh any potential impacts from the slight increase in building scale . The present operation of the school , with 32 children , was approved by the Zoning Board of Appeals in 1981 . The only main complaints received from the Honness Lane neighborhood related to this present operation have been about parking and pickup / dropoff , which are proposed by the applicants for improvement . The existing character of the neighborhood , particularly the mixture of land uses in the vicinity of Honness Lane ( several multiple dwellings , single and two family dwellings , two churches Exhibit 11 • in the vicinity , Eastwood Commons Multiple Residence District , Grandview clustered subdivision , Cornell University R- 30 lands ) is not expected to be adversely impacted by the proposed increase of 12 children at Little Feet Montessori Center , because of the small scale of the proposed increase , proposed site improvements , and the benefits of day care provision in a mixed use neighborhood close to Cornell University , the . major employment center in East Ithaca . C3 . Vegetation or fauna ., fish , shellfish or wildlife species , significant habitats , or threatened or endangered species ? There are no significant species or habitats on or near the site that would be adversely impacted by the proposed expansion . C4 . A community ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? No significant adverse environmental impact is expected with respect to these considerations . Nursery schools are permitted by Special Approval in R15 Districts , as subject to determinations required of the Planning Board and the Zoning Board of Appeals in Sections 77 and 78 of the Zoning Ordinance . It is the reviewer ' s opinion that the criteria of these sections would generally be met in the proposed school expansion ( see C2 above ) . • The proposed 1 / 3 increase in enrollment at the existing school would not represent a significant adverse change in use or in land use intensity provided that the proposed site improvements are implemented , and considering the benefit of providing day care in a location accessible to Cornell and other East Ithaca employees and the East Ithaca neighborhood . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? A positive determination of environmental significance, was made by the Zoning Board of Appeals in June , 1987 for the proposed construction of a new school building at 142 Honness Lane for a total of 80 to 120 children , the Board having identified potential adverse impacts related to the proposed building size and type , building coverage and visual impact , the proposed size of the school in a medium-density residential neighborhood ; traffic volume and traffic safety , and related to opposition from the neighborhood with respect to these potential impacts . The project proposal was subsequently withdrawn . The current proposal for 12 additional children at the existing school site is of a much smaller magnitude . Any further requests for school expansion would require further review . C6 . Long term , short term , cumulative , or other effects not identified in C17C57 • Not expected as a result of the current proposal , subject to the implementation of proposed site improvements which should mitigate potential adverse impacts with respect to traffic safety , and subject to the continued operation of the school with monitoring and scheduling of pickups and dropoffs , and the restriction of children outside to small groups . C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? Not expected due to the small sacle of the proposal . D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? There has been public controversy , as stated above , with respect to an earlier proposal for school relocation and expansion . A letter has been received from Honness Lane resident about the current proposal , generally expressing concern about area density and traffic . It is the reviewer ' s recommendation that the small scale of the proposed increase , accompanied by proposed site improvements , will - not have a significant adverse environmental impact to area density or traffic , that the mixed residential / institutional character of the Hon ness Lane area will will not be adversely impacted by the small expansion of a needed day care service as proposed . PART III A negative determination of environmental4 significance is •� recommended , for the reasons stated in the review above . Lead Agency : Town of Ithaca Zoning Board o?,4 Appeals Reviewer : Susan C . Beeners , Town Planner Review Date : Nov . 3 , 1987