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TOW14 OF ITHACK
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• TOWN OF ITHACA ZONING BOARD OF APPEALS
OCTOBER 19 , 1988
An adjourned meeting ( from October 12 , 1988 ) of the Town of
Ithaca Zoning Board ' of Appeals was held on Wednesday , October 19 , 1988
in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m .
PRESENT : Chairman Henry Aron , Edward King , Joan Reuning , Eva
Hoffmann , John C . Barney ( Town Attorney ) , Andrew Frost
( Building `' Inspector / Zoning ' Enforcement Officer ) .
l
ALSO PRESENT : Stephen Sackett , John S . Mead , Richard P . Ruswick ,
Esq . , ( Town Attorney ) .,
The Meeting was opened at 7 : 00 p . m .
Chairman Aron noted that two Appeals from the October 12 , 1988
meeting of the Board had been duly, and properly adjourned to this
date ,
ADMINISTRATIVE SESSION : RECOMMENDATION TO THE TOWN BOARD IN RE
REAPPOINTMENT OF EDWARD W . KING TO THE ZONING BOARD OF APPEALS . .
• MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
recommend and hereby does recommend to the Town Board that Edward W .
King , Esq . , be reappointed as a member of the Zoning Board of Appeals
for a five - year term commencing January 1 , 1989 , and expiring December
31 , 1993 .
There being no further discussion , the Chair called for a vote .
Aye - Aron , Reuning , Hoffmann .
Nay - None .
Abstain - King .
The MOTION was declared to be carried unanimously .
A
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
recommend and hereby does recommend to the Town Board the
re - appointment of Mr . Henry Aron and Mr . Edward N . Austen as its
Chairman and Vice Chairman , respectively , for the year 1989 ,
commencing January 1 , 1989 .
There being no further discussion , the Chair called for a vote .
• Aye - King , Reuning , Hoffmann .
Nay - None .
Abstain - Aron .
Zoning Board of Appeals - 2 = October 19 , 1988
The MOTION wasdeclaredto be carried unanimously .
•
The first item on the Agenda was the following :
ADJOURNED APPEAL ��� ( FROM OCTOBER �112 , 1988 ) OF PAMELA SACKETT ,
APPELLANT , REQUESTING A VARIANCE UNDER SECTION 9 OF LOCAL LAW NO .
7 - 1988 , " REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN
THE TOWN OF ITHACA " I' FOR A PROPOSED RESIDENTIAL BUILDING TO BE LOCATED
AT 181 KENDALL AVENUE , TOWN OF ITHACA TAX PARCEL NO , 6 - 54 - 4 - 21 ,
RESIDENCE DISTRICT R- 9 ,
Chairman Aron E
r read aloud the Town Board Resolution of Intent to
Mr . Sackett , and explained to Mr . Sackett that the Town Board had not
made a decision as to the requirement of sprinkler systems for one and
two - family detached , dwelling units . [ Resolution of Intent attached
hereto as Exhibit 1 . j ]
At this time , Chairman Aron asked Mr . Sackett whether or not he
would like to wait for the Town Board ' s scheduled Public Hearing set
for November 10 , 1988 , at 6 : 30 p . m . , as to their decision on sprinkler
systems . Mr . Sacke,rtt responded that he would rather not wait , and
prefered to go ahead with the Zoning'', Board of Appeals decision , as to
the alternatives hei is proposing . Mr . Sackett distributed a map to
the members of the Board showing six smoke detectors and two heat
sensors . Mr . Sackett remarked that two smoke detectors are already in
existence . Mr . Sackett added that there would be one smoke detector
• and one heat sensorlin the basement "of the home . Mr . Sackett offered
that the basement would not be habitable space . [ Map attached hereto
as Exhibit 2 . ]
Andrew Frost , , Building Inspector / Zoning Enforcement Officer ,
stated that an inspeIction is required prior to the actual installation
of the smoke detectors and heat sensors . Eva Hoffmann wondered about
fire extinguishers , l', with Chairman Aron noting that Mr . Frost is the
Fire Code Enforcement Officer for the Town of Ithaca .
u
At this point , �Chairman Aron read aloud a Memo to the members of
the Zoning Board of 'Appeals , from Andrew Frost , BI / ZEO , dated October
19 , 1988 , a copy of which is attached as Exhibit 3 .
It was Moved by Edward W . King as follows :
WHEREAS , the Zoning Board of Appeals finds that the Appellant has
established the facts alleged in herllAppeal , that she did indeed order
on June 17 , 1988 and contract for ( 'on July 7 , 1988 ) the purchase of
this manufactured Kaplan Building Systems , Inc . " Four Seasons II " home
for this site weeks '; before the Town considered and adopted the new
Sprinkler Law ( Local) Law # 7 of 1988 ) ] on July 11 , 1988 , and that she
had no knowledge of Ithe proposed ordinance at the time she contracted
for the house ( and the Board takes notice that little or no publicity
was given the Law prior to its consid';eration by the Town Board - - news
• of the enactment being the first w6 rd that most people , laymen and
contractors alike , had of the proposed ordinance ) , and
Iii i
I .
Zoning Board of Appeals - 3 = October 19 , 1988
•
WHEREAS the Board also finds that to try and install a sprinkler
system in this manufactured home would require substantial changes and
construction within the prefab walls of the house , and that the
manufacturer of thel home has advised in writing that this would void
the warranty on this house , and it 'I appearing that the State of New
York Division of Housing and Community Renewal had given its Stamp of
Approval to the Plan design of this model manufactured home for
shipment into this States and the Appellant has duly established that
requiring compliance with this ordinance for this manufactured home
presents severe practical difficulties and unnecessary hardship for
her , and
WHEREAS the Appellant has s presented specific proposals for the
placement of some five or six Smoke Detectors ( and / or ) Heat Sensors in
all habitable roomslland in the vicinity of stove and furnace , as shown
on a Drawing whichlihas been made part of this record ; and the Board
finds that the proposed placement of the devices would seem to permit
timely warnings to permit evacuation of the house in case of fire - -
but that the Town liBuilding Inspector should inspect the house and
determine the adequacy of the proposed locations ; it is therefore
N
RESOLVED , thatlE this Board hereby grants a variance and hereby
waives the requirement of Local Law # 7 of 1988 that a sprinkler system
be installed in theeFour Seasons II model home being erected by Mr .
and Mrs . Stephen Sackett at 181 Kendall Avenue , on Town of Ithaca Tax
• Parcel # 54 - 4 - 21 .
�
SUBJECT TO THEiIFOLLOWING CONDITIONS :
1 . That the Appellant install in said home , prior to occupancy , the
several smoke detectors and / or heat sensors , direct -wired and / or
directed wired with battery back -up , indicated on the Sketch Plan
submitted to this Bard and made part of the record .
2 . That the Appellant consult the Town Building Inspector / Zoning
Enforcement Officerlprior to placement of the devices , in order that
he may determine whether the chosen location of each device is
satisfactory - - thei devices to be placed wherever he indicates they
should be located in' each habitable room or area .
3 . That the Appellant is advised that the placement and maintenance
of these devices inj the home shall be a condition of the grant of a
Certificate of Occupancy ; and a continuing requirement , even if the
Town of Ithaca should later amend the Local Law to make it
inapplicable to oneland two - family homes .
Joan Reuning seconded the MOTION .
u
The voting was as follows :
Aye - Aron , Reuning , King , Hoffmann .
• Nay - None .
The MOTION
was 'declared to
be carried unanimously ,
„I
�i
Zoning Board of Appeals - 4 - October 19 , 1988
• The second item on the Agenda was the following :
ADJOURNED APPEAL ' ( FROM OCTOBER 112 , 1988 ) OF CATHERINE STEARNS ,
APPELLANT , JOHN S . MEAD , AGENT , REQUESTING A VARIANCE UNDER SECTION 9
OF LOCAL LAW NO . 7 - 1988 , " REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED
IN BUILDINGS IN THE TOWN OF ITHACA " , FOR A PROPOSED RESIDENTIAL
BUILDING TO BE LOCATED AT 102 DREW ROAD , TOWN OF ITHACA TAX PARCEL N0 ,
6 - 28 - 1 - 34 . 29 , RESIDENCE DISTRICT R- 30 ,
Chairman Aron read aloud the Town Board Resolution of Intent to
Mr . Mead and explained to Mr . Mead that the Town Board had not made a
decision as to the requirement of Sprinkler Systems for one and
two - family detached' dwelling units . 11 ( Resolution of Intent attached
hereto as Exhibit 4 ]
At this time , !,' Chairman Aron asked Mr . Mead whether or not he
would like to wait f for the Town Board ' s scheduled Public Hearing set
for November 10 , 1988 at 6 : 30 p . m . , as to their decision on Sprinkler
Systems , Mr . Mead jresponded that he would rather have a decision on
the variance tonight .
Chairman Aron Tread aloud a Memo addressed to the Members of the
Zoning Board of Appeals , from Andrew S . Frost , Building
Inspector / Zoning Enforcement Officer , dated October 19 , 1988 , a copy
of which is attached as Exhibit 5 .
If
• At this point , i Mr . Mead presented a copy of the plans , on which
was indicated the smoke detectors and heat detectors , a copy of which
is attached as Exhibit 6 .
Mr . Mead gave a brief description of the Log Home , and noted that
the home is 26 feet by 22 feet . Mr . Mead said that the home has
electric baseboard heat , adding that there would also be a woodstove
in the living areal;. Mr . Mead offered that all the smoke detectors
would be on one circuit .
MOTION by Edward W . King as follows :
WHEREAS , the Zoning Board of Appeals finds that the Appellant has
established the facts alleged in her Appeal ; that she did indeed order
a Beaver Mountain Log Homes , Inc . " Ridgeview " modular , log cabin type
home and contracted for its purchase and construction on this site
weeks before the Town considered and adopted the new Sprinkler Law
( Local Law # 7 of 1988 ) on July 11 , 1988 , and that she had no knowledge
of the proposed ordinance at the time she contracted for the house
( and the Board take'!s notice that little or no publicity was given the
Law prior to its consideration by the Town Board - - news of the
enactment being the first word that most people , laymen and
contractors alike , had of the proposed ordinance ) , and
WHEREAS , the °Board also finds that there are few stud walls
• within the structure , and the second floor has almost no such walls
situated over first floor walls of this type , so that to try to
install a sprinkler system in this, log home would require drilling
Zoning Board of Appeals - 5 October 19 , 1988
through many logs ,i running pipes in open spaces , and making
substantial changesto the design of1the house ; and the Appellant has
duly established that requiring compliance with this ordinance for
this modular log home presents severe practical difficulties and
unnecessary hardship " for her , and
WHEREAS , the Appellant has presented specific proposals for the
placement of some fire or six Smoke Detectors and / or Heat Detectors in
all habitable rooms '' and in the vicinity of the woodstove , as shown on
a Drawing which has " been made part of the record ; and the Board finds
that the proposed placement of the devices would seem to permit timely
warnings to permit evacuation of the house in case of fire - - but that
the Town Building ' Inspector should inspect the house to finally
determine the adequacy of the proposed locations , it is therefore
RESOLVED , thati this Board hereby grants a variance and hereby
waives the requirement of Local Law # 7 of 1988 that a sprinkler system
be installed in the Beaver Mountain Log Home being erected by Mrs .
Stearns of 102 DrewpRoad , on Town of Ithaca Tax Parcel # 28 - 1 - 34 . 29 .
SUBJECT TO THEpFOLLOWING CONDITIONS
11 1
1 . That the Appellant install in said home , prior to occupancy , the
several smoke detectors and / or Heat Detectors , direct -wired and / or
direct -wired with :battery back -up , indicated on the Sketch Plan
• submitted to the Board and made part of the record .
2 . That the contractor consult the Town Building Inspector / Zoning
Enforcement Officers,, prior to placement of the devices , in order that
he may determine whether the chosen location of each device is
satisfactory - - the, devices to be placed wherever he indicates they
should be located in each habitable room . or area .
3 . That the Appellant is advised that the placement and maintenance
of these devices in the home shall be a condition of the grant of a
Certificate of Occupancy , and a continuing requirement , even if the
Town of Ithaca should later amend the Local Law to make it
inapplicable to one ' and two - family homes .
Eva Hoffmann seconded the motion .
The voting wasl! as follows :
Aye - Aron , King , Reuning , Hoffmann .
Nay - None .
The MOTION was 'Ideclared to be unanimously carried .
There being no further business to come before the Board the
meeting was adjourned at 7 : 50 p . m .
• II
Respectfully submitted ,
Zoning Board of Appeals - 6 October 19 1
PP 988
• Mary" S . Bryant , Recording Secretary ,
Zoning Board of Appeals .
Approvedo
j
Henry Aron , Chairman"
11 11
Exhibits 1 through 6' attached .
I'
•
RESOLUTION:
Notion by Councilwaran Raffensperger ; seconded by Councilman
Bartholf ,
WHERM.S, in that it is the intent of the Town Board of the Town of
Ithaca to amend the Town of ,Ithaca Local Law V , a local law
requiring sprinkler systems , ' so as to delete the requirement for
one and two family detached dwelling units ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
11
Ithaca hereby schedules a public hearing for November 10th at 6 : 30
Peme
if
STATE OF NEW YORK
COUNTY OF TOMPKINS 1 SS:
TOWN OF ITHACA
1, Jean H. Swartwood, Town Clerk of the Town of Ithaca, New York, do hereby certify that the foregoing
9
resolution is a true and exact copy of a resolution duly adopted by the e
of said Town of Ithaca at a /3 -r � zet.t._ meeting held on the / Y� day of
- 1 P ltl Wr , and that the same is a complete copy of the whole of such
tesolution.
IN WITNESSJNHEREOF, I have hereunto set my hand and the Corporate seal of the Town of Ithaca, New
Yo&this 9 =Jb( day of ��. _ 19 .
wanes cow BSA co., Rochtutr, N.Y. 146M Town Clerk of the Town of Ithaca
if
EXHIBIT 1
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EXHIBIT 2
M OF ITHACA
126 EAST SENECA MW
• ffHACA„ NEW YORK
14WO
{
MEMO
TO :. Members of the Zoning Board of Appeals
FROM : Andrew S . Frost , Building Inspector/ Zoning Enforcement Office
DATE : October 19 , 11988
RE : Pamela Sackett Appeal on Residential Sprinklers
I have been asked as the Code Enforcement Officer in the
Town of Ithaca to propose what I believe would be an acceptable
alternative to a residential sprinkler system installation ,
with respect to the Pamela Sackett appeal . Realizing thata
warning system , such as smoke and heat detection , is not a sur -
pression system asa sprinkler is , I offer the following alter -
natives :
1 ) The placement of battery operated smoke detectors in
all habitable spaces , excluding the kitchen .
• 2 .) The placement : of a direct wired heat detector or
smoke detector in the basement/ furnace room area ' and if possible
. a direct wired or battery operated heat detector in - the kitchen .
Given the nature of. Mrs . Sackett ' s . " factory modular " home ,
I feel battery operated detectors a-re appropriate since the home
is a finished product when it . is delivered to Ithaca . In addi -
tion , the home is approved by the New York State Division of
Housing and Community Renewal .
�f
EXHIBIT 3
• u
RESOLUTION:
Motion by Councilwoman Raffensperger ; seconded by Councibran
Bartholf,
WIERFhS , in that it is the intent of the Town Board of the Town of
Ithaca to amend the Town of Ithaca Local Law V , a local law
11
requiring sprinkler systems , ilso as to delete the requirement for
one and two family detached dwelling units ,
NOW THIlffORE BE IT RESOLVED, that the Town Board of the Town of
11
Ithaca hereby schedules a public hearing for November 10th at 6 : 30
P .M.
STATE OF NEW YORK
COUNTY OF TOMPKINS SS:
TOWN OF ITHACA f
I, Jean H. Swartwood, Town Clerk of the Town of Ithaca, New York, do hereby certify that the foregoing
resolution is a true and exact copy of a resolution duly adopted by the �r� v� , �Q� ��
of said Town of Ithaca ata
-e � �a2_ meeting held on the / 7 day of
1 Ws , and that the same is a complete copy of the whole of such
resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate seal of the Town of Ithaca, New
York this / day of
19 .
wak�o L,,,, Book ca. Rwt6 w, N.y. 14609 Town Clerk of the Town of Ithaca
EXHIBIT 4
• p
TOM N of ITHACA
126 EAST SENECA S1'RERT
• RHACA, NEW YORK
14WO
MEMO
T0 : Members of the Zoning Board of Appeals
ROM . Andrew S . Frost , Building Inspector/Zoning Enforcement Officer
DATE : October 19 , 1: 1988
RE : Catherine Stearns . Appeal on °Residential Sprinklers
I have been asked , as the Code Enforcement Officer in the
Town of Ithaca , to propose what I believe would be an acceptable
alternative to a residential sprinkler system installation with
respect to the Catherine Stearns appeal . . Realizing that a
waring system , such4as smoke and heat detection is not a surpres -
sion system as a sprinkler is , I offer the following alternative :
1 ) The placement of direct wired smoke . detectors , with
a self contained battery back - up , in all habitable spaces ,
excluding the kitchen .
2 ) The . placement of direct wire heat detectorsin the
• kitchen and furnace room area . (A smoke detector in lieu of
a heat detector in a residential furnace room could also be
appropriate . )
EXHIBIT 5
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EXHIBIT 6
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