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HomeMy WebLinkAboutZBA Minutes 1990-01-24 h FILED [Date OWN OF IfiMACA a � 9 -TOWN OF ITHACA k ' ZONING BOARD OF APPEALS JANUARY 24 , 1990 7 : 00 P . M . PRESENT : Edward King , Eva Hoffmann , Joan Reuning , Town Attorney John Barney , Zoning Enforcement Officer/ Building Inspector Andrew Frost . ALSO PRESENT : Margie Rumsey , Brian Lanphere , Louis Macera , Lucile Macera , Mary Ellen Hawker , Martin Shapiro , Esq . , Thomas Hoard , Gerald Sincock , Anne Merson , Greg Menzenski , Cheryl Larkin , Robin Welch , John Hanrahan , John Novarr , Peter Hillman , Kinga Me Gergely , Lydia Hillman , Allen Hayes , Ann Lanphere . On a motion by Mrs . Eva Hoffmann and seconded by Mrs . Joan Reuning , Edward King was named Acting Chairman for this Zoning Board of Appeals meeting in the absence of Henry Aron and Edward Austen . Acting Chairman King called the meeting to order at 7 : 10 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of the same were in order . The first Appeal on the Agenda was the following : MODIFIED APPEAL ( FROM MARCH 911988 ) OF MARGARET RUMSEY , APPELLANT , ALLEN We HAYES , AGENT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTIONS 54 AND 55 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON-CONFORMING USE , FROM A MORE RESTRICTIVE USE TO A LESS RESTRICTIVE USE , LOCATED AT 116 EAST BUTTERMILK FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 38 - 1 - 3 , RESIDENCE DISTRICT R- 30 . THE PROPOSED USE IS TO BE A TELEVISION CABLE SYSTEM SERVICE CENTER WITH OUTSIDE STORAGE . APPROVAL FOR USE AS A TELEVISION CABLE SYSTEM SERVICE CENTER WAS GRANTED BY SAID BOARD OF APPEALS ON MARCH 9 , 19881 WITH NO OUTSIDE STORAGE PERMITTED . THE EXISTING BUILDING WAS PREVIOUSLY USED AS A KARATE INSTRUCTION SCHOOL . Acting Chairman King referred to the minutes of March 9 , 1988 by which this Board granted permission to Mrs . Rumsey to extend the non - conforming use in a less restrictive direction than the building had previously been used , it having been used as a karate instruction school and she had applied to use it for a less restrictive business use stating that the cable company was engaged in assisting community cable service in Ithaca with ti . c Town of Ithaca -2 Zoning Board of Appeals January 24 , 1990 removing all old cable in the area and installing new cable . The building was to be used to check the electrical capacity of new cable and she alleged that she had a 2 1/ 2 year contract with the company so she would be renting to them for that length of time . Acting Chairman King stated that the Board then found a negative determination of environmental significance and proceeded to approve the proposed use of the building by National Cable Craft upon several conditions as follows ; 1 ) there will be no outside storage of materials other than in the dumpster ; 2 ) that the dumpster will be located either northwesterly of the building or on the north side of the building from where it would be conveniently accessible but where it could be screened with plantings , fence , or other materials so that it did not present an unsightly view to the public which uses the Buttermilk State Park , adjacent on the east of this property ; 3 ) the parking would be controlled by limiting parking on the east side to a reasonable amount of vehicles ; 4 ) the loading dock would be repaired from its present condition ; 5 ) that this Board authorized the Town Planner and Zoning Enforcement Officer to review the situation and make recommendations and decide whether the applicant was meeting the requirements of the Board to protect the view and the amenities of the area ; 6 ) the sketch plan was to be presented to the Zoning Enforcement Officer and Town Planner as to the proposed screening or plantings, and 7 ) the building , as rented , would be in compliance with the requirements of the New York State Uniform Fire Prevention and Building Code , Acting Chairman King stated that motion was carried unanimously . Acting Chairman King referred to the written arguments that have been submitted on behalf of the petitioner by Mr . Hayes . The first one is the jurisdictional argument that the use here is necessary to the maintenance of utility services ; that ACC is a franchised public utility and uses the disputed property to maintain its TV cable service - - a use authorized by the zoning map without Board of Appeals approval - - that is Mr . Hayes ' argument . The second argument is that under the Town ' s Zoning Ordinance uses in R- 30 districts , only customary home occupation bans outside storage and Mr . Hayes argues that since this is in a residential district the Board had no authority to impose any conditions on the grant of the permission to use it for a less restrictive use - - to extend a non- conforming use to a less restrictive use . Acting Chairman King stated that Mr . Hayes ' third argument is with respect to the storage banning to avoid ® " an unsightly view to Buttermilk State Falls Park " , whereas the park itself indulges in extensive outside storage at three sites . Mr . Hayes claims that campers , large boats on other property , are left outside by other Town residents routinely without 1Y ® Town of Ithaca 3 Zoning Board of Appeals January 24 , 1990 restriction , therefore , the Board ' s conditions constitute an unequal protection under the law . Mr . Hayes ' last argument is that the use restriction might constitute a " taking " that requires just compensation under the fifth amendment and the Board ' s conditions might constitute an unjust " taking " for which the petitioner will be entitled to compensation . Acting Chairman King asked Mr . Hayes if he had stated his arguments correctly . Mr . Hayes replied that there was no substantial disagreement with Mr . King ' s statement . Acting Chairman King explained to the Board members that the argument essentially is that this is a public utility service that is concerned here and that this Board in particular lacks jurisdiction over that particular use and lacks the power to restrict that use . Acting Chairman King stated that his own view of the matter is that our ordinance , while it does limit the degree to which the Town and this Board can regulate public utility services so that the telephone company can have whatever transmission facilities it requires in a certain location and • power companies can have their substations , the Town is not permitted to say that they cannot have their substations , otherwise there will be no such utilities for the amenities . Mr . King sees this argument as one to say that because the telephone company can limit the Board ' s power as to phone company uses , therefore , the phone company can erect the manufacturing plant to make telephones in the middle of a residential district . The use here seems to be of a very commercial activity which should be conducted somewhere , but could be conducted in a business or an industrial zone , so we are not preventing it from being conducted . Mr . King said that here , in this particular case , it comes under the question of whether a non - conforming use , that is the use of a quonset but which was once , way back , a garage , whether we are required to let them do just about anything they want to in there without restriction . It is his feeling that the jurisdictional argument must fail ; that we do have jurisdiction in this case . Mrs . Hof fmann stated that she does not see how one can say that there is a public utility involved here . It is really the cable company that is the utility and they have not approached the Board about this . They have not shown any concern about this ; they are not here . is Mr . King agreed that ACC is not here ; it is only a service company that helps out ACC in stringing this line . Town of Ithaca 4 Zoning Board of Appeals January 24 , 1990 Mrs . Reuning stated that she feels that the Zoning Board ' s job is to protect the zoning that we are dealing with . Mrs . Reuning made the following motion : RESOLVED , that this Zoning Board of Appeals does not accept the jurisdictional argument as to this use being a public utility service . Mrs . Hoffmann seconded the motion . The voting on the motion was as follows : Ayes - Hoffmann , Reuning , King . Nays - None . The motion was carried unanimously . Mr . Allen Hayes asked the Board if he might address a few words to the question of jurisdiction now that the Board has had its say . He referred to a ane -page proposal , which is attached hereto as Exhibit # 1 . He said that in the interest of time , he would forget about the jurisdiction . He said that one of the problems that was very prominent with the Planning Board on July 181 1989 was that they were concerned if they recommended re - zoning the property outright to business district C . that then there would be no control if Rumsey sold the property - - this gets around that objection . Mr . Hayes referred to the minutes of the Planning Board meeting of July 18 , 1989 , attached hereto as Exhibit # 2 . He said that the language in the second paragraph of Exhibit # 1 does not suggest re - zoning the district to " c " - this simply puts the Zoning Board of Appeals in a position of approving business district C uses , which Mr . King recognized as the customary use that the property historically had . Mr . Hayes stated to the Board that if we could do that , we ' d be all done . Acting Chairman King stated , however , it has been determined by the Board that this is a non - conforming legal use , meaning that the building was used before the Zoning ordinance was enacted for a use not permitted under the. terms of the ordinance as applied to this property and as held in Sections 54 and 55 . Acting Chairman King cited those sections to Mr . Hayes . He explained that two years ago when Mrs . Rumsey came before the Board , she had been using the building for a school , which is a ® considerably less restrictive use than the commercial use that she proposed to return it to and this Board , having some compassion , agreed to let her use it for a less restrictive use Provided there were certain safeguards to the amenities . In Town of Ithaca 5 Zoning Board of Appeals January 24 , 1990 other words , leaning toward protection of the neighborhood , is why the conditions were imposed . Acting Chairman King stated that he thinks that Mr . Hayes ' request that Mrs . Rumsey can do anything that can be done in a business " C " district is really inappropriate . He reminded Mr . Hayes that he has been to the Planning Board and the Town Board asking them to re - zone the property and they have declined to do so . After further discussion , Mr . Hayes said that the Board has already addressed the lack of jurisdiction question , but he did open his remarks with a wish to confront that briefly . He cited from Article 5 , Section 18 , of the Zoning Ordinance . Mr . Hayes stated that in a public utility purpose it does not require Zoning Board approval and they submit that that means that the Zoning Board does not have jurisdiction over that particular use any more than they would over a farm or a garden . Acting Chairman King asked Mr . Hayes if he understands that the Board does not agree with him as to his interpretation of public utilities . Mr . Hayes said he does , but he wants to get on the record . Mr . Hayes said to get to the second of the main objections to the storage ban provision , that is , that provision exceeded ZBA powers since the zoning law does deal in some places with outside storage in so many words and those were the words of the restriction . Mr . Hayes said it did not deal with display of automobiles - - that was not involved and where the zoning act itself deals with outside storage and stipulates where it is prohibited , then it seems to him that for the Zoning Board to extend that and apply it to other instances where the legislature did not choose to apply it , is to amend the zoning law and that is not within the powers of the Zoning Board - - that is the argument . Acting Chairman King stated that the Board has just expressed the opinion that we are not dealing with a residential use and the extent of limitation on that use . Mr . Hayes said that that brings us to the one line statements of more extensive arguments ( Exhibit # 1 ) . The ban denies equal protection when the park itself has outside storage in three locations around the park and Town residents generally engage in outside storage of all sorts of personal property • without any prohibition . For one property owner to be singled out and have that which others do with impunity , is a lack of equal protection . Y ` Town of Ithaca 6 Zoning Board of Appeals January 24 , 1990 Mrs . Hoffmann stated that when she read the various letters that have gone back and forth , if she were a neighbor of theirs in that residential area , she would feel somewhat insulted by the implication that it is only Mrs . Rumsey who has to clean up her yard and the others can have a mess in theirs - - that is not true . There is no mess in any of the residential yards around there . Anybody . who is in the Town of Ithaca has to abide by that Zoning Ordinance . Mr . Hayes said that he would not argue with Mrs . Hoffmann . He said his statement was that Town residents generally engage in outside storage of fire wood , campers , various other vehicles and nobody ever does anything about it . Mrs . Hoffmann said she did not think that was true and she certainly does not think Mrs . Rumsey alone is being put upon to clean up her yard . Acting Chairman King stated that Mrs . Rumsey has a large boat in the back yard of her residence and it is screened from public view very nicely by large evergreens . Mr . King referred • to photos that were presented to the Board by Mr . Frost of industrial spools of cable and a huge dumpster , and stated that that dumpster has been there for close to two years . Mr . Hayes said not in that location . Acting Chairman King said that that is a huge commercial activity and quite a different thing from regulating the residential uses per se . He said in regard to Mr . Hayes remarks about the park ' s dumpsters , he was down there today and he did not see any such thing as unsightly storage of garbage and waste . Mr . Hayes said that they have furnished photographs of the park ' s dumpsters and Mr . Frost has them . He said that one of them is across the street from their front yard . That is where the large construction equipment , such as cranes , are stored outside by the State . There is a separate lumber and building materials storage with sheds that house some of the materials and then outside storage that houses more and then there are three sites where there are dumpsters and garbage cans for the public to deposit refuse . Acting Chairman King stated to Mr . Hayes that if those sites are indeed unsightly he hopes he protests to the park authorities to screen them or remove them : He does understand why the State might put them across from this operation . He stated he does not feel they are incompatible in that particular location at this time but the entrance to the park is a beautiful area with walls and shrubbery and so forth . Town of Ithaca 7 Zoning Board of Appeals January 24 , 1990 Mrs . Reuning stated to Mr . Hayes that he ought to appreciate the fact that the Zoning Board of Appeals is trying to protect that area so that the Bed & Breakfast will have a beautiful area to be in as well . Mr . Hayes stated that his own feeling is that the Bed & Breakfast operation is very able to protect itself since it owns the property and can control what is done there . As for the park , they are their neighbors and there are only two residences other than the park . One is across Route 13 and the other is on the same side as their residence . You can go miles before you find another habitation ; everything else is commercial on Route 13 in the City . Mr . Hayes said that he did think of having the two neighbors come along tonight but he did not think it was that urgent a matter . If the Board would like , he can get statements from them . Mr . Hayes said that the last of the arguments is that where some use restriction is placed on private property even though that is done piecemeal , a little bit at a time , that still constitutes a " taking " that is subject to just compensation under • the Fifth Amendment . Acting Chairman King stated that to that he would say number one , this Board has no authority to compensate anybody for anything - that is up to the Town or the Courts directing the Town to do so . Mr . King referred to Town Law Section 267 . Mr . Hayes stated that the " taking " occurs because of a ruling by this Board . The compensation is paid for by the tax- payers as a separate issue . He referred to Executive Order 12630 of March 1988 after a string of Supreme Court decisions saying that federal agencies should be cautious not to take actions that impinge on private property in a way that could turn out to be compensable takings and thus encumber the public fisc - - burden the taxpayer . Mr . Hayes said that he does not for a minute think this Board is supposed to elect to make compensation but in doing what it does , that is restricting the use of private property and itmay effect a taking , which then becomes compensable from the public fisc . Acting Chairman King pointed out to Mr . Hayes that changes to a non - conforming use with the approval of this Board may be conditioned under the Ordinance , Section 55 and Section 77 , subdivision 8 . He cited to Mr . Hayes from those sections . Mr . Hayes said that what is not written here is the final point . This quonset but can never be used as a residence . He does not believe there is anybody who thinks it could be and therefore it is necessary to use it in the only manner that it ` .. ® Town of Ithaca 8 Zoning Board of Appeals January 24 , 1990 can be used , namely commercially and we need to get that straightened out . Acting Chairman King stated that the applicant also has the power to remove the quonset but and put a residence in without any problem or to come before this Board and say they would like to put something of a more restrictive nature there in place of the quonset hut . Mrs . Hoffmann stated that there are also other uses allowed in R- 30 that they could have in that quonset hut . Mr . Hayes replied that the only one that they have a viable use without waiting for some very special tenants to come along is the one that is there and they would like to be able to continue with them there . He referred to a letter , dated July 26 , 1988 , from the Cable Company saying that their cable spools are absolutely essential to their operation . The letter is attached hereto as Exhibit # 3 . Mr . King read the letter into the record and stated that • today when he was down there , he noticed that there were seven trucks and one car parked on the east side of the building , which in one of the conditions of this Board two years ago , said parking should be limited on the east side where it is less viewable . The park is closed at this time so it cannot offend too many people , so that is not a big issue , but at the time of the original hearing , Mrs . Rumsey stated that she had no idea of what outside storage was required and she did not produce a tenant . Acting Chairman King opened the public hearing . No one appeared to address the Board . Acting Chairman King closed the public hearing . Mr . Frost asked Mr . Hayes if National Cable Craft has moved out of the building now . He said that he received a telephone call from ACC a month or so ago ; they apparently were considering signing a lease for that space and it was his impression that National Cable Craft has phased out or is in the process of phasing out and ACC was contemplating taking over the building . He asked Mr . Hayes what the status of that is . Mr . Hayes replied that ACC has taken it over and they are the tenant . • Mr . Frost stated that the modification is to deal with outside storage . He does not believe anyone is arguing that the use of the building for a cable service has been granted . Town of Ithaca 9 Zoning Board of Appeals January 24 , 1990 Mrs . Reuning asked Mr . Hayes if he has any proposals as to how they might change the outside storage with screening or moving things out of view , etc . Mr . Hayes said that they would be happy to do any of those things but they would need to have some fiscal participation by the public . He explained that the tv cable system replacement is something that is going on wholesale all over the United States . The systems have gotten old and they ' re all being replaced . One of the essential elements in that program is cable and in order to buy it you have to go bribe somebody and you have to buy it by the carload - you cannot buy it a few spools at a time . In order to be sure that they won ' t end up with no cable to put up , they have to stock it in advance and that requires this extensive 50 or 60 spools of cable of two different sizes . There is just no place for it inside ; it is going to spend its whole life outside and while it is waiting to be installed , it might as well be outside . Mr . Hayes said that if they could find some other location , he is sure they would be happy to stop aggravating people . He does not believe there has been any aggravation . This Board has never heard a single complaint from any member of the public nor has any other town . The whole thing was generated by Town staff people . Acting Chairman King interjected " and this Board , because the duty of this Board is to protect the interests of the public as we perceive them . " He also noted for the record that the north end of the building has a very large overhead door which would seem to be large enough to open to drive trucks in and out to unload those spools of cable inside the building . Mr . Hayes stated that they could unload the spools of cable inside the building if there was space to do it but they have to store their trucks that have the cherry pickers ; those cannot be left outside at night - that is a public protection problem . The vehicles have to be put inside at night ; there are other more critical things that take up the space . Acting Chairman King said the building may be inadequate for the uses that this Town wants to put it to . Mr . King stated that he would entertain any motion that the Board members wish to make as to whether this Board should annul or modify the conditions which were imposed in their resolution of March 1988 permitting this use of the property by the cable operation . Mrs . Hoffmann stated that she did not know that these cables • were bought in quantity and then stored for a long time before they were eventually used . Y Town of Ithaca 10 Zoning Board of Appeals January 24 , 1990 Mr . Hayes said that they are not stored for a long time . There is a fairly rapid turnover , but that stock has to be there . He cannot tell the Board what the oldest spool is there now but it has probably been there for a month or two months . Some are stored inside the building while they are being tested but that is a small quantity . Mr . Frost stated that over the year that the Town has been taking pictures , he does not think the outside storage of the quantity has changed dramatically . It has been somewhat constant between 20 and 50 spools of cable . The amount of debris and wasted cable and general maintenance of the property perhaps has varied from somewhat neatly kept outside to perhaps as the pictures would indicate , to less than neatly . Mrs . Reuning stated that it seemed to her that some screening should be possible or at least a lean -to cover or something . Acting Chairman King asked about the inside of the building . He understands that part of the inside is being used or set up to use as a residence or an apartment . Mr . Frost stated that that actually was a separate issue with a real estate office maintained under another address . In that particular letter that Mr . King is referring to , what is proposed in the packet , dealt with two issues . One , the cable craft quonset but building and , two , a separate real estate office on the property at 114 , where the Bed and Breakfast is . Mr . Hayes stated that the quonset but is 4400 square feet inside . All of its floor space is somewhat restricted because in a quonset but you can ' t get right up against the wall . Effectively about 4000 square feet are usable if you are willing to stoop over a little bit . Acting Chairman King asked Mr . Hayes how many cherry picker vehicles the tenant has to store in there . Mr . Hayes said he thinks Mr . King saw about seven of them sitting outside there . They are not all cherry pickers . There are also service trucks . Mrs . Hoffmann stated that the other thing that seems to have changed now , which the Board only found out about tonight , is that ACC is involved now . She stated that she is wondering if ACC , having a bigger operation , might have some other place to store these spools of cable . is Mr . Hayes said they discussed that with one of their officials today and no , they have no other place to store the spools . Mr . Hayes stated that one thing that might be useful to ti ® Town of Ithaca 11 Zoning Board of Appeals January 24 , 1990 the Board to know is that the scrap that is taken down off the poles after it is used is not taken to this site at all . It is dropped off at Wallace processors over on Cherry Street in the City . There might be an occasional little bit but by and large all the old cable that is taken down does not ever get to the quonset but site at all . Acting Chairman King stated that it seems to him that the record is ample that this Board tried to put some flexibility into the situation with its original ruling and by authorizing both the Town Zoning Officer and the Town Planner to work with the applicant to develop ways of effecting the intent of the screening and to protect the site . He asked Mr . Hayes if there is anything now that would indicate anything different . He said Mr . Hayes just remarked that they can ' t do anything about screening or planting until they have compensation from the Town and the Board has no authority to grant that nor does he think it is necessary . Mr . King stated that it sounds like the same argument of " pay me and I ' ll do these things that you ask but to ask me to do them without compensation up front is an unjust taking " . If this is what is being said , Mr . King does not see • much hope of going back to square one and saying work with the Town Planning Department and Zoning Officer to try to come within the guidelines that we laid down originally . He asked Mr . Hayes if he understands that correctly . Mr . Hayes responded that he did not quite follow it all but there were a number of negotiations with the Zoning Officer and the Town Planner . As a consequence of that , all but one of the conditions that the Board set down on March 9 , 1988 was deemed to have been discharged and that left the outside storage and there was no way around it - - no way could they do away with the outside storage without doing away with the tenant . Mr . Frost interjected that some of the dialogue that went on , and he thinks the intent of that one condition , was really in regard to the screening of the garbage dumpster . He said there are letters from Rosanne Mayer , Attorney , that indicated that the Zoning Officer and the Town Planner have no authority to modify or waive the condition of outside storage which was given by the Zoning Board , in that , we had no authority to change that condition and we have long ago tried to bring this case back through the Board so the issue of outside storage could be discussed , and it has taken us well over a year and lots of time to reach the point where we are now . • Mr . Frost stated that in talking with George Frantz who had prepared a memorandum from a Short Environmental ' Assessment Form , it was felt that perhaps , although it is not specifically spelled out in his memorandum , stockade fencing would provide ® Town of Ithaca 12 Zoning Board of Appeals January 24 , 1990 adequate screening should the Board decide to permit the outside storage , as long as it was screened , and stockade fencing would perhaps provide that adequate screening . That is not dealing with this issue of compensation , however . The memorandum is attached hereto as Exhibit # 4 . Mr . Hayes said on the issue of compensation , we should all bear in mind that we are sitting here on January 24th talking about something that is going to go on for another ten months , until the end of November 1990 . Town Attorney Barney interjected that it is not going to go on if there is not compliance with the order here . There is a contempt citation in Court and the judge is going to say " shut you down " . Either we are going to get compliance or a modification or we are going to be in Court and he does not think it is going to continue for any ten months . Mr . Hayes said we are talking about a modification . Town Attorney Barney stated that the Town has been • extremely patient on this matter . Nothing happened until we had to go to Court . We went to Court twice and then we are in Court on a contempt matter and now we are finally here and he is suggesting that the Town ' s patience has long since ended . The situation is going to change in the next ten months - - either there is going to be compliance or there are going to be fines imposed for violation of the Court order . Atty . Barney stated that he does not think the sense of the Town is here saying that Mr . Hayes cannot have the outside storage but they are saying in the present state , it is not acceptable . The Town is not going to pay to put the screening up . Mr . Hayes emphasized that he wants the Town to be aware that whatever cost there is in putting this screening up , it will have to pay for itself in something under a year . Town Attorney Barney said " or would have had to have paid in the past year and a half or two years when the thing was not in compliance . " Mr . Hayes said the option was not available until today , if it is now . Acting Chairman King read from the Short Environmental Assessment Form , dated March 8 , 1988 , which is attached hereto as Exhibit # 5 . ® Town of Ithaca 13 Zoning Board of Appeals January 24 , 1990 Mr . Hayes stated that the outside storage area does not begin until you get north of the north end of the quonset hut . Mr . King stated however , the parking does . Mr . Hayes said that the parking is the same thing for both the State Park and for the quonset hut . He stated that it would seem excessive to put a screen up to screen the vehicle parking area . Mr . Frost added for the record that the State Park has always been a State Park and by its presence for over 40 years , is perhaps a legal non - conforming use even by a zoning standpoint and that use has not changed . He thinks Mr . Hayes is comparing apples with oranges in that the Park ' s non - conforming use has not changed , which is different from his property which has changed from a less restrictive use to a more restrictive use and has been granted an approval to go back to something less restrictive with conditions imposed , and they are really different cases by trying to compare even the parking at the State Park with the conditions imposed for parking on his quonset but property . • Mr . Hayes stated that he disagrees . Mrs . Hoffmann cited from Section 54 . She said that in reading that section she is not sure that the Board can even consider changing it from one use to a less restrictive use . Mr . Hayes stated that he disagreed . Mr . Frost stated that the Court has made their findings already and has upheld the direction that the Board has gone even with the conditions . Town Attorney Barney stated that he would suggest that the Board might consider it a modification of the no outside storage conditional on the provision by the applicant within a specified number of days , fifteen comes to mind , of a site plan showing proposed screening either by fence , by trees , or something of that nature to the Town Planner or the Assistant Town Planner and the completion of the screening within fifteen or thirty days after the Town Planner approves the screen . Mr . Hayes said he would suggest not to include trees because we are talking about a year ' s time and they would not amount to enough to serve the purpose . Perhaps some sort of fence . Mr . Frost stated that his concern in any conditions , as has been evident from the onset of the original back in March , is he would hate to see this drag on . Town of Ithaca 14 Zoning Board of Appeals January 24 , 1990 Mrs . Hoffmann stated that she would like to make sure , in such a case , that Mrs . Rumsey and Mr . Hayes understand what a site plan means so that there is no problem about that sort of thing . Mr . Hayes stated that he cannot speak for Mrs . Rumsey but he does not understand what a site plan means and he has been unable to get a definition . Motion By Mr . Edward King ; seconded by Mrs . Eva Hoffmann : RESOLVED , that this Board will conditionally modify certain previous conditions of the March 9 , 1988 Zoning Board of Appeals Resolution , being # 2 which required that the dumpster be located in a certain place and that it be screened , and # 1 which required that there be no outside storage of materials other than in the dumpster , to the following limited extent : 1 * that outside storage of materials such as are being used at this site , namely , spools of wire and the dumpster , may be permitted on the north side of the building , or to the west of the building , provided they be screened with plantings , fence , or other materials which will protect the view from the Park so that such materials will not be readily seen from the Park area to the east , and 2 * that the applicant present detailed proposals including a site plan for such screening and location of materials and dumpster to the Town Planning Department within 15 days from this date , and 3e that such site plan shall contain property lines including metes and bounds , adjacent public streets , topography including existing and proposed contours , size . and location of structures , area and location of parking , off - street loading and access drives , proposed signs and lighting , proposed landscaping , and any other features deemed reasonably necessary for adequate study of the proposed plan , and 4w that the applicant work with the Town Planner to obtain the approval of the Town Planner as to adequacy of the proposed screening , and • Town of Ithaca 15 Zoning Board of Appeals January 24 , 1990 59 that the proposals which are approved be thereafter put in place within thirty days after the Town Planning Department has approved them , but , in any event , that should be completed within sixty days of this date , and 6e that , if the foregoing is not accomplished within the time frames as spelled out in this Resolution , the Resolution reverts to the form of the original [ March 9 , 1988 ] approval and the modifications approved this evening [ January 24 , 1989 ] shall be void . The voting on the Motion was as follows . Ayes - Hoffmann , Reuning , King . Nays - None . The motion was carried unanimously . The next Appeal on the Agenda was the following . APPEAL OF ANNA MACERA AND BRIAN E . LANPHERE , APPELLANTS , REQUESTING VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 16 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A HOME , PROPOSED TO BE LOCATED AT THE REAR OF 115 RICH ROAD , ON A NEWLY -SUBDIVIDED LOT THAT DOES NOT FRONT ON A TOWN , COUNTY , OR STATE HIGHWAY , TOWN OF ITHACA TAX PARCEL NO . 6 - 50 - 1- 5 . 2 , RESIDENCE DISTRICT R- 15 . SAID LOT HAS A 20 -FOOT-WIDE ACCESS DRIVE FRONTING ON RICH ROAD AND A WIDTH OF 241 FEET COMMENCING APPROXIMATELY 200 FEET FROM THE STREET LINE , WHEREAS A MINIMUM WIDTH AT THE STREET LINE OF 60 FEET , AND A LOT WIDTH AT THE MAXIMUM FRONT YARD SETBACK ( 50 FEET FROM THE STREET LINE ) OF 100 FEET , ARE REQUIRED . Acting Chairman King noted the affidavit of service by mail indicates that notice of this application was sent to residents around the site and he named the persons who received the notifications . Mrs . Lucile Macera and Mrs . Ann Lanphere appeared before the Board . Acting Chairman King stated the proposed subdivision has been approved by the Planning Board on conditions . Mrs . Macera stated that the total acreage is 1 . 73 acres and the new subdivision is 1 . 05 acres . She stated that what they are requesting is a 20 foot access to Rich Road , otherwise the lot is completely shut off and unusable . • Town of Ithaca 16 Zoning Board of Appeals January 24 , 1990 Acting Chairman King referred to the plot plan which is attached as Exhibit # 6 . He asked Mrs . Macera if the applicants would have ownership of the driveway strip . Mrs . Macera replied , yes , they would have ownership of the twenty foot strip in addition to the lot in the back . Mrs . Lanphere referred to an updated survey map which is attached hereto as Exhibit V . Acting Chairman King referred to the Planning Board Adopted Resolution of December 19 , 1989 , which is attached hereto as Exhibit # 8 . Acting Chairman King opened the public hearing . Mr . John Hanrahan , 114 Rich Road , stated to the Board that he did not receive a notice of this meeting . He commented that he is concerned about having a house behind a house , which he feels is an unusual configuration of a residential neighborhood . He stated that he also has seen no demonstration of hardship or • physical impracticality in this matter . If that is the case , then he feels the application must fail . He also feels that if there is a hardship , it is one that is self - created . Town Attorney Barney stated that due to the shape of the land and the fact that there is no other access to it , he feels that is the very typical practical difficulty test . Mr . Hanrahan said that to him it is a self - created hardship . The original house could have gone in back there and it would have complied with the zoning laws , etc . Mr . Greg Menzenski , 126 Rich Road , addressed the Board and stated that he also feels that this matter is a self - inflicted hardship . His objection to the proposal is that it is not in keeping with the neighborhood . He feels that this proposed house would change the overall character of the neighborhood and would probably decrease the property value of his house . Ms . Cheryl Larkin , 111 Rich Road , stated that she has concerns about a driveway in her backyard . She feels that it will take away from her privacy . She presented photos to the Board showing her property regarding the distances to the proposed house . Mrs . Lanphere presented photos to the Board showing that Mrs . Larkin ' s house would not really be losing privacy because of their proposed house . The photos were taken when the trees were in foliage . ® Town of Ithaca 17 Zoning Board of Appeals January 24 , 1990 0 Mrs . Anne Merson , 123 Rich Road , stated that she is opposed to the proposal on the grounds of building a house behind a house and therefore changing the character of the neighborhood . Mrs . Robin Welch , 118 Rich Road , spoke in opposition to having a house built in the backyard of another property . Mr . Jerry Sincock , 122 Rich Road , also spoke in opposition to the proposal . He stated that the Town should stick to the Zoning Laws that it has passed . Acting Chairman King closed the public hearing . Acting Chairman King stated that he does not see how the proposed house would change the character of the neighborhood , especially since the back area of that property is substantial acreage wise . Mrs . Macera explained that shrubs have been planted in the back yard to protect the Larkins ' privacy . tMotion By Mr . Edward King , seconded by Mrs . Eva Hoffmann . RESOLVED , that the Zoning Board of Appeals grant and hereby does grant the applicant the requested variance to permit the subdivision to go forward and a single - family house to be built on this subdivided southeasterly parcel , having a dimension of 150 feet by 288 wide with an additional roadway running northwesterly from the building parcel some 200 feet to Rich Road , to be no less than 20 feet wide , on the following conditions . 16 that it goes by the Planning Board and its Resolution approving the subdivision ; 2o that the driveway or pavement on the 20 ' x 200 ' access strip to Rich Road be located as far southwesterly as possible adjacent to the property line of the Macera house which will be the remaining parcel , 39 that the house be located not only to the 70 feet southeasterly with the minimum of a 30 foot rear yard , as required by the Planning Board conditions , but that the house also be constructed toward the southwesterly portion of the lot which would put it more opposite the driveway or access road , as indicated on the amended survey map , that meaning that it would be built within approximately 50 feet of the southwesterly line of the building parcel , Town of Ithaca 18 Zoning Board of Appeals January 24 , 1990 4 . that the applicants present to the Town Attorney a sufficient covenant to run with the land which will restrict the use of this lot to one single - family home ; such instrument to be in recordable form subject to the approval of the Town Attorney , and further RESOLVED , That the variance is granted with the following findings : 1 . That the lot is more than double the minimum lot size required for an R- 15 lot , the other lot is one and one -half times or more the minimum lot size required for an R- 15 lot ; 2 . That the configurations of the lots are such that it is impractical to do anything other than have this kind of access to it and minimization of the lot frontage would not allow anything to be constructed on the rather large rear lot , 3 . That the proposal will observe the public safety • requirements and will not be substantially out of character with the existing uses in the neighborhood ; 4 . That the proposal does not impose any undue traffic burdens or other burdens upon the properties in the area , 5 . That the premises are reasonably adapted to this proposed residential use ; 6 . That the proposed location and design of the structure as a single - story single - family home is in keeping with the design in the neighborhood ; 7 . That the proposed use will not be detrimental to the general amenities or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants ; 8 . That theg ro osed access and egress for this structure P P appears to be safely designed and proposed . The voting on the motion was as follows . Ayes - King , Reuning , Hoffmann . Nays - None . The motion was carried unanimously . ® Town of Ithaca 19 Zoning Board of Appeals January 24 , 1990 The last Appeal on the Agenda was the following . APPEAL OF JMS REALTY CO . , OWNER/APPELLANT , JOHN NOVARR , AGENT , REQUESTING VARIANCE FROM THE REQUIREMENTS OF ARTICLE VI , SECTION 26 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT OCCUPANCY BY MORE THAN FOUR UNRELATED PERSONS PER DWELLING UNIT AT THE COLLEGE CIRCLE APARTMENTS , LOCATED AT 1031 - 33 DANBY ROAD , TOWN OF ITHACA TAX PARCELS NO . 6 - 43 - 1 - 1 . 2 , - 2 . 2 , AND - 6 , MULTIPLE RESIDENCE DISTRICT . Acting Chairman King read the appeal into the record and referred to the Planning Board Adopted Resolution of November 15 , 1988 , attached hereto as Exhibit # 9 . Attorney Shapiro addressed the Board and explained that the application to the Planning Board included proposals for 2 , 31 41 and 5 bedroom apartments and the 4 and 5 bedroom apartments have oversized bedrooms which could accommodate two people . There was no limit set or requested at the Planning Board because there just wasn ' t any requirement for that under the existing ordinance . Attorney Shapiro pointed out to the Board that they are not requesting any increased usage . The entire project was proposed , designed , and approved before the zoning amendment change that limits occupancy to 4 unrelated persons . He said they have 5 bedroom apartments that could and do have 6 and 7 people in them . The project is being built in phases to accommodate construction and financing schedules . He explained that one phase is already completed and occupied . Acting Chairman King asked Atty . Shapiro how many units are already occupied . Atty . Shapiro responded that there are 41 units in the first phase . He further explained that phase 2 is also underway . Atty . Shapiro stated that what they are requesting is not to change the project at all . They are not asking to change the number of units or the total occupancy . All they are asking for is a variance that varies the most recent amendment to the Zoning Ordinance which defines family and boarders in such a way that would limit any one of these dwelling units to no more than 4 unrelated persons . Atty . Shapiro pointed out that his clients have an awful lot of money , time , and effort invested in this project . Town Attorney Barney asked for a list of the units that would have the 4 and 5 bedroom units . Mr . Novarr stated that he could supply such a list to the Board . Town of Ithaca 20 Zoning Board of Appeals January 24 , 1990 Acting Chairman King asked Mr . Novarr when he got into this project . Atty . Shapiro stated that the project was conceived mid -year of 1987 . Mrs . Hoffmann asked Atty . Shapiro if all four phases of the project have been approved . Atty . Shapiro responded , yes . Town Attorney Barney explained to the Board that prior to this family occupancy amendment , there was no limitation on the number of people who could live in a multiple residence unit . Mrs . Hoffmann asked if they could tell the Board how many of each sized apartments there were . Atty . Shapiro stated that there are 110 - 112 units with 4 or 5 bedrooms , the rest of the 149 units are 2 and 3 bedroom apartments . Mr . Novarr explained that where there are 5 bedrooms the apartment is 2200 square feet and he explained the design of the apartments . Atty . Shapiro stressed to the Board that , no matter what , the cap of 600 persons in the project will never be violated , no matter what happens . Mrs . Hoffmann asked if they will be renting by the bedroom or by the apartment . Mr . Novarr stated that typically they prefer to rent unit by unit . They do not rent by the room except as a case of last resort . Acting Chairman King opened the public hearing . Mary Ellen Hawker , 1032 Danby Road , addressed the Board . She stated that she lives across the road from the project and she is concerned that there may be more than 4 persons per unit in the part of the project across from her . Mr . Novarr responded that the apartments closer to the road are all two and three bedroom apartments . Ms . Hawker stated that she does like the aesthetics of the existing buildings with the lines but she would like to request that they do not put colored doors on the buildings across from her . • Mr . Novarr said that she won ' t see any doors - they face the other way . 0 Town of Ithaca 21 Zoning Board of Appeals January 24 , 1990 Ms . Hawker stated she would also like to make certain that the landscaping in the front of the building would be put into place . Mr . Novarr assured Ms . Hawker that the landscaping will be done with plenty of trees and shrubs . Mr . Peter Hillman , 370 Stone Quarry Road , addressed the Board . He stated that what he is concerned about is the 600 occupancy cap being enforceable . He is also concerned about the reflection on other neighborhoods in regard to the occupancy . Mrs . Hoffmann commented that she thinks that projects like this one help to take the pressure off those single one family homes in the neighborhoods . Acting Chairman King stated that he had received a phone call from Karl Niklas last evening . Mr . Niklas stated to Mr . King that he has spoken to 34 people in the area and is concerned about the 600 person occupancy cap . Mr . Niklas stated that he is not opposed to the project , however . • Acting Chairman King closed the public hearing . Motion By Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals grant and hereby does grant , in the matter of this appeal of JMS Realty Co . , a variance from the requirements of Section 26 of the Zoning Ordinance , to permit occupancy by more than four unrelated persons per dwelling unit at the College Circle Apartments with the following findings : 1 . That the applicant has sustained and shown that enforcement of the ordinance ' s new definition of occupancy of unrelated people imposes an undue hardship and burden upon them by reason of the fact that the new ordinance was enacted a substantial time after he had invested considerable time and expense in developing this plan , 2 . That the requested occupancy , which was approved by the Planning Board with the concept that there might be more than four unrelated people in some of the apartments at some times , was acceptable to the Planning Board , • 3 . That this is a self - contained development in a multiple residence district , which did not have such a limitation of occupancy under the ordinance previous to the recent amendment of the ordinance . Town of Ithaca 22 Zoning Board of Appeals January 24 , 1990 4 . That the condition imposed by the Planning Board to limit the total occupancy of the development at any time to no more than 600 people in the 149 units is a reasonable limitation . 5 . That there is less likely to be any undue crowding of the bui4lding or imposition upon the land , there being 30 . 5 acres involved in this development . 6 . That the health , safety , morals , and general welfare of the community would be in harmony with the proposal . 7 . That the use , which would be a slightly increased use in some cases , would not impose an undue burden of traffic load on the community as a whole or undue traffic load on the public streets or on the water and sewer systems , nor would it be detrimental to the health , safety or general welfare of the community . 8 . That the project was planned , designed , approved , and • substantially constructed at the time when the Zoning Ordinance permitted unlimited numbers of unrelated persons . Accordingly , the limitation to 4 unrelated persons would impose significant economic hardship in that the larger units could not be utilized as they were designed and planned . AND FURTHER RESOLVED That the variance is conditioned upon the following . 1 * the understanding that the 600 total occupancy at any one time will be the ceiling for the 149 units ; 2e the applicant will cooperate with the Town in providing information as to the occupancy of the units and leases therefor from time to time , 3 * the applicant will submit within 15 days after this date a list of those units now approved for the development , which units might contain from time to time , at one time or another , more than 4 unrelated people . The voting on the motion was as follows . Ayes - King , Reuning , Hoffmann . Nays - None . The motion was carried unanimously . Town of Ithaca 23 Zoning Board of Appeals January 24 , 1990 Environmental Assessment Mr . King referred to the Short Environmental Assessment Form done by George Frantz , dated January 18 , 1990 , and attached hereto as Exhibits # 10 and # 11 . Motion By Mr . Edward King , seconded by Mrs . Joan Reuning . RESOLVED , that this Board make and hereby does make a negative determination of environmental significance in this matter . The voting was as follows . Ayes - King , Reuning , Hoffmann . Nays - None . The motion was carried unanimously . • Motion By Mr . Edward King ; seconded by Mrs . Joan Reuning : RESOLVED , That having addressed the environmental assessment impact statement , this Board reaffirms the granting of the variance in this matter as previously approved . The voting on the` motion was as follows . Ayes - King , Reuning , Hoffmann . Nays - None . Adjournment The meeting was adjourned at 11 : 05 p . m . Respectfully Submitted , Connie J . Holcomb Recording Secretary A PRO • Edward KinAc ng , hal an ® At the 3 / 9 /88 original hearing , the minutes show ( page 6 ) : " Mr . King asked what the building had been used for in the past and a list presented by Ms . Rumsey with her application gave a short history of the premises . Such list is attached hereto as Exhibit 1 . Mr . King thought that they would classify these operations as a Business C type which In - cludes anything from retail stores to plumbing to electrical shops . " We accordingly urge the following resolution : " Since this property ' s customary use has been that of a Business District " C " , this Board approves all uses authorized under Business District " C " classification , provided that Margaret Rumsey is the property owner . " ZBA lacks jurisdiction over use by cable company ( Art . V § 18 Par 9 ) Article V § 18 : " Use regulations . In Residence Districts R30 no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes : 1 . One Family Dwellings . . . ( ZBA approval NOT REQUIRED ) 2 . A two family dwelling . . . (ZBA approval NOT REQUIRED ) 3 . Church . . . ( ZBA approval REQUIRED ) 4 . Library , Museum , school ( ZBA approval REQUIRED ) 5 . Public park ( ZBA approval REQUIRED ) 6 . Fire station ( ZBA approval REQUIRED ) 7 . Golf course ( ZBA approval REQUIRED ) 8 . Garden , farm ( ZBA approval NOT REQUIRED ) 9 . " Any municipal or public utility purpose necessary to the maintenance of utility services . . . [ deals with substations and similar structures ] " ( ZBA approval NOT REQUIRED ) . Storage ban exceeded ZBA powers ( amended ordinance which allows 0/S ). 9 . : ' Ban denied equal protection ( Park , other residents not banned ) Fifth Amendment just compensation denied ( Non - conforming use ) r EXHIBIT # 1 EXCERPT Planning Board Meeting of July 18 , 1989 . - 2 - Mr . Miller commented that he has lived in Ithaca 30 + years and he has seen all kinds of businesses there , adding , no one has ever given her a hard time before ; why all of a sudden did they pick on her . Attorney Barney replied that he did not think anyone got picked on particularly ; there was a decision by Judge Ellison on the case where he specifically said that the defendant has two options ; she can either apply to the Zoning Board of Appeals to permit outside storage , or she can petition and apply for rezoning of her property , adding that she has opted to apply for rezoning . Attorney Barney stated that he has to take issue with the statement that the Town is picking on her , adding , the - Town has an Ordinanceto enforce . Mr . Miller remarked that he did not have the whole story . Chairperson Grigorov stated that Ms . Rumsey has permission to rent it for storage . Virginia Langhans mentioned that Mr . Miller said he did not get the Planning Board packet in the mail , so he did not read all the material . Attorney Barney noted that the only issue was the outside storage . Chairperson Grigorov stated that the Town is usually very hesitant to rezone small parcels . Ms . Langhans , directing her comment to Ms . Rumsey , wondered why she did . ' not want to go for a variance to . try and correct the storage area . Ms . Rumsey responded that the � Town of Ithaca took her to court . Ms . Rumsey stated that after 34 years of non - conforming use , it was the Town of Ithaca that took her to court , commenting that this is a court order requesting her , after going to court , . to try to get the matter taken care of . Chairperson Grigorov wondered if Ms . Rumsey had the outside storage all those years . Ms . Rumsey replied , off and on for different things , yes . Chairperson Grigorov mentioned that the only problem was that the person renting from Ms . Rumsey places things outdoors . At this point , Allen Hayes , of 110 East Buttermilk Falls Road , addressed the Board and stated that the application that was submitted was submitted by him , and he was advising Ms . Rumsey about it . Mr . Hayes offered that outside storage is necessary for this particular business , noting that the Park itself engages in outside storage , and he felt that there is a double standard involved . Mr . Hayes commented that Buttermilk Falls State Park stores heavy equipment in what amounts to his front yard . Mr . Hayes held up a Tax Map showing the park properties involved , and pointed out the area that is filled with sheds and outside storage of steam shovels , bulldozers , trucks , etc . , adding that there is considerable ouside storage there which is across the road from the house . Mr . Hayes offered that the Park has outside storage in three other locations in the Park itself . Mr . Hayes remarked that as he understood it , the Park has outside storage which the Town has no control over , and which is pemitted by default . Mr . Hayes said that where the Town does have some control , they are attempting to prevent it , commenting that it seemed to him that that is a double standard . Chairperson Grigorov wondered why the Zoning Board of Appeals specifically . stated . no outside storage . Mr . Hayes responded that one would have to ask the Zoning Board why they did not • want outside storage . Mr . Hayes said that the Zoning Ordinance provides for outside storage , which is so noted in Section 60 of the Town of Ithaca Zoning Ordinance . EXHIBIT # 2 EXCERPT Planning Board Meeting of July 18 , 1989 . - 3 - ® Ms . Rumsey stated that at the time the approval was granted , and _ after people voted on it , was when someone on the Board said ; " and let ' s have no outside storage " , commenting that she remembered someone saying that . Ms . Langhans offered that it was probably because it was in a residential zone . Ms . Rumsey stated that it was after it had been voted on . Mr . Hayes stated that it is the residential zone they are here to correct . Ms . Rumsey stated that because it is a residential zone and it is not a residence, that is the court order to her to get it rezoned . Attorney Barney stated that it is an either / or , it is to either apply for rezoning or apply to the Zoning Board of Appeals . Mr . Hayes mentioned the fact of applying to the ZBA for approval each time there is a new tenant , adding , the ZBA cannot act quick enough to keep the tenant from going away before the Board can get around to hear the case , and , second , the property owner should not be made to keep running to the ZBA and bothering them with something that a simple rezoning would eliminate ; the proper thing to do would be to rezone it . Mr . Hayes mentioned that it should have been rezoned that way in the first place , and there never would have been any question . Mr . Miller remarked that Zoning " C " is being requested , which allows for a lot of things . that Mr . Hayes would not want next to his house . Mr . Miller wondered why the applicant asked for zoning " C " . Ms . Rumsey replied , that she did not have it in front of. her to know what it all is . Ms . Rumsey said that she has no plans for specific changes . Chairperson Grigorov said that in 50 years it would still be zoned Business " C " . Mr . Miller stated that he worries about the next owner if it is rezoned . Mr . Hayes stated that the property should have been zoned Commercial Business when it was zoned in the first place , there would be no worry if it was zoned properly in 1954 , it is contiguous with the commercial strip in the City , Route 13 is essentially commercial from one end to the other . Mr . Miller commented that the only thing is that there is a big railroad track bank that hides the property in question from the rest of the Elmira Road Attorney Barney stated that if the property were rezoned Business " C " , he did not see that that would permit outside storage , with Mr . Hayes responding that it does not prohibit it . -Mr . Hayes again mentioned Section 60 , of the Zoning Ordinance , Attorney Barney replied . that Section 60 refers to junkyards . Mr . Hayes agreed with Attorney Barney . Attorney Barney noted that Section 36 of the Zoning Ordinance talks about permitted accessory uses in Business Districts " A " ip " B " � licit " D " and " Elf , which specifically says : " Accessory storage buildings , but not to include outside storage . " Mr . Hayes stated that he felt that was not a prohibition ; it just does not approve it . Attorney Barney stated that his sense of the issue , and he suspects Judge Ellison would agree , is that that would not permit outside storage and one still has to seek a variance . Attorney Barney stated that as long as the use is in a less restrictive zone , then one does not have to go to the ZBA ; there is that - right automatically , however , once one gets approval for a particular business use , which in this case is a cable company , although . he was not sure if it goes as high as " C " or not , then any other use would be permitted in that same level without the need of seeking a variance , or a lesser use if it was a " C " use , and , if there was something effectively an " A " use , EXHIBIT # 2 EXCERPT Planning Board Meeting of July 18 , 1989 . - 4 - ® then one would be able to use an " A " use . Mr . Hayes stated that the application before the Board was for a rezoning and is supposed to discuss outside storage . Town Planner Susan Beeners stated that she has been involved with the matter since the original appeal to permit National Cable Craft to locate there , which was approximately two years ago [ March 9 , 19881 . Ms . Beeners stated that as she understood it , one of the things she was looking for as far as an impact mitigation related to allowing the Cable Craft Company to be there was a Site Plan showing how , indeed , parking was going to be - located , and if there was to be outside storage . Ms . Beeners stated that she saw it as a very simple matter of some fairly modest improvements to the site to spruce it up a little bit , and to have some kind of screening for the areas that were going to be , used for loading , dumpsters , etc . Ms . Beeners commented that in about 1986 she had suggested to Ms . Rumsey that she [ Ms . Beeners ] had considered it to be a fairly simple matter , and one that , hopefully , she would be able to find , in the local area , a landscape designer who could come up with the type of screening that she [ Ms . Beeners ] thought was appropriate . Ms . Beeners stated that she has advised them again , that that type of a site plan showing what existing and proposed oimprovements . there might be - related to -those kinds of things , and that was definitely apart of what would have to be a submission for a rezoning application , adding that she has not received that at the present time . • Continuing , Ms . Beeners stated that while Ms . Rumsey and Mr . Hayes are saying that they are not proposing any improvements , there is really not a plan that shows . where existing areas are designated for parking , for loading , and for unloading . Ms . Beeners again noted that she had advised Ms . Rumsey and Mr . Hayes that there has to be some kind of screening , either landscaping or some kind of fencing , put in the areas where the spools . are , ' commenting that they reported that they would rather hear that kind of a request come from the Planning Board , as far as it being something that is deficient from the application. . Ms . Beeners said that she did remind them that there is , unfortunately , no outside storage within the Zoning Ordinance , and also tried to clarify exactly what types of uses should be permitted there , as to uses under Business " C " were really suitable for the property . Ms . Beeners noted that they also talked a little bit about whether or not there could be some kind of a modified Business " C " , with certain uses specified . Ms . Beeners stated that she also threw out the idea of a possible Special Land Use District , commenting that the problem with the Special Land Use District is that there can be residence uses , and " A " , " B " , and " E business uses . Ms . Beeners stated that there is nothing about Light Industrial or Business . " C " . Mr . Hayes remarked that the residential designation is outlandish and cannot be complied with in a quonset hut . Mr . Miller commented that the applicant is asking for the but to also be changed to Business ".C " , adding that he is not worried about Ms . Rumsey , but worried about the next owner . Chairperson Grigorov offered that there is also the ® choice of renting it to someone who would not store anything outside . Mr . Miller mentioned a modified business use of the quonset hut , and leave the homestead out of it . EXHIBIT # 2 EXCERPT Planning Board Meeting of July 18 , 1989 . - 5 - ® Assistant Town Planner George Frantz wondered about the lifespan of the quonset hut . Mr . Miller replied that it is all metal and on a concrete floor , adding that he thought it has another 30 - 40 years . Ms . Rumsey stated that the quonset but is being talked about for rezoning , adding , she did not care about her house being zoned business , although they said she must because of the size requirement . Ms . Langhans offered that she thought the applicant should go to the ZBA and ask for . Special Approval for screened outside storage . Chairperson Grigorov stated that the applicant thinks she has to have a variance every time there is a new tenant , with Ms . Rumsey noting that that is exactly what has been said . Chairperson Grigorov wondered if the applicant has to get the approval renewed when a tenant is changed even if there is no change in the way its used , just a different tenant . Attorney Barney replied that if there is a tenancy , one dates back to a valid non - conforming use , adding , if it is assumed the Karate school was a valid non- conforming use , then it has to be figured out what Business. District that qualifies under , but assuming it is a " A " , " B " , or " C ". , then any other use in that Business District would be permitted . Continuing , Attorney Barney noted that if the Cable Company was a less restrictive Business District and they obtained approval for that , and once that use ended , there would be the right to go back to the same level that existed with the prior non - conforming use . Attorney Barney commented that if it is assumed the Cable Company is a less restrictive use than a Karate school , which it probably is , and wanting to stay at the same level of restrictiveness as a Cable Company , then , yes , one would have to come back in for a new approval . Chairperson Grigorov stated that the matter is a Sketch Plan Review with the Board ' s general reaction and comments . Stephen Smith commented that he . thought to state that the 1954 decision of zoning the property residential was incorrect just because of the quonset but sitting there was not . correct ; zoning is not done in spot intervals ; it is looking at large areas . Mr . Smith stated that . he thought the property was not improperly zoned , and the best bet would be to go for a variance , and continue with a non - conforming use . Mr . Miller asked about modified zoning for the quonset but only . Ms . Beeners re.sponded that she thought it would be possible , but the main problems are , as she sees it , that there has not been any effort to bring in a Site Plan showing what she [ Ms . Beeners ] would consider to be modest improvements made on the site , irrespective of what Board is being talked about , or what zoning mechanism . Mr . Miller wondered if Ms . Beeners was talking about landscape improvements , with Ms . Beeners responding , yes , particularly related to the front and the back of the quonset hut , which appeared to her , since Ms . Rumsey does have her Bed and Breakfast at 110 East Buttermilk Falls Road , would be in her [ Ms . Rumsey ] interest as well , to improve some of the ambiance • on the adjacent property . Ms . Beeners stated that what she would consider to be a minimum requirement - has not been met . EXHIBIT # 2 EXCERPT Planning Board Meeting of July 18 , 1989 . - 6 - ® . Mr . Hayes said that he would go along with a modified Business District that would limit it to something on the order. of just the quonset hut . Mr . Miller wondered if all they would have to ask for is a variance for outside storage . Attorney Barney responded that it would have to be for the same type of occupancy , adding that he thought they have lost the non - conforming use rights , because , if anything , a Karate school is a permitted use in an R- 30 zone under Section 18 , Subdivision 41 which notes private schools , and , assuming that the Karate school is a private school , at that point the building was presumably in compliance with R- 30 use regulations , so anything out of R- 30 now would require a variance . Attorney Barney offered that once it is abandoned for a period of one year , the use of a non - conforming use has been lost . Ms . Langhans said that Judge Ellison stated that the defendant has two options ; she can either apply to the ZBA to permit outside storage on the property , or petition for a rezoning . Attorney Barney stated that the applicant has specific approval to operate a cable supply , conditioned , among other things , on there being no outside storage . Ms . Rumsey stated that if Attorney Barney is right on his presumption of the issue , then that means that the quonset but is now a residence . Attorney Barney remarked that it is an R - 30 use . Attorney Barney stated that the other possibility is a kind of a version of a Special Land Use District which would encompass both the house and the quonset hut , provide specific use limitations , and allow certain uses for the business in the quonset hut . Chairperson Grigorov offered that she felt the simplest remedy would be to try to get the requirement about the outside storage lifted by the ZBA , adding that rezoning is really drastic and permanent . Mr . Hayes stated that the quonset but must not be . zoned residential . Mr . Hayes said that there is not anything in an R - 30 zone that that quonset but is adapted to . Attorney Barney noted that , among other things , an R- 30 zone permits other uses , other than a residence . Mr . Smith stated , that the applicant already has approval for . the . present . use ; a variance for outside storage is needed . Ms . Rumsey mentioned the Special Use for just the quonset but area . Attorney Barney replied that it could be looked at . Ms . Beeners stated that it would appear to her that the way the Special Land Use District legislation , Local Law No . 2 - 1984 , is set up , it would be preferable to have some kind of a unified plan , and , at a minimum , it would be appropriate to look at the Bed and Breakfast property and the quonset but as potentially one Special Land Use District , Ms . Beeners wondered if there could be . some decisions by Ms : Rumsey as to , indeed , what types of uses she envisions for the property , both the Bed and Breakfast part and the quonset hut . Ms . Beeners said that , the Special Land Use District provisions in the combination of " A " , " B " , and " E " , should be . firmed up as far as what the specific types of uses would be within such district . Ms . Beeners noted that there has to be more specificity about the types of ' uses on the land , and also the requirements related to the process of a rezoning have to be met , which pertain to the requirements of Site Plan Approval in Section 46 , of the Zoning Ordinance , Ms . Beeners EXHIBIT # 2 EXCERPT Planning Board Meeting of July 18 , 1989 . - 7 - stated that apart from metes and bounds , a map has been submitted showing the rough location of the three buildings on the property . Ms . Beeners stated that it would be her opinion that a topo map would not be an absolute requirement , because , indeed , it is a flat area , except for the railroad enbankment , adding , the crucial elements are landscaping , parking areas , and proposed improvements to make the quonset but site more compatible with both the Bed and Breakfast property and also with the Park on the other side of the road . Ms . Langhans wondered if that would have to go through a public hearing , with Ms . Beeners answering , yes , one at this Board , and one at the Town Board . Ms . Beeners noted that the rezoning matter had been referred by the Town Board to the Planning Board , Ms . Beeners stated that it would appear to her , based on what has been submitted , that additional information is being requested to conform to the procedure that is used for all rezoning applications , however , the Board is free to make a recommendation to the Town Board , Chairperson Grigorov asked if anyone . were prepared to make a recommendation to the Town Board , Attorney Barney stated that the procedure is outlined in Section 46 . of the Zoning Ordinance , whereby there is the requirement that a Site Plan be provided , and then the Planning Board holds a Public Hearing on the Site Plan , and then the recommendation is passed on to the Town Board . ® It appeared to be the consensus of the Planning Board that Ms . Rumsey should go before the ZBA concerning the issue . Ms . Rumsey and Mr . Hayes stated that they would take the matter to the Zoning Board of Appeals . Chairperson Grigorov closed the discussion of the proposed rezoning of 110 and 116 East Buttermilk Fails Road from Residence District R- 30 to Business District " C " at 10 : 00 p . m . Approved by Planning Board December 14 , 1989 . Mary S . 5ryant , Recording Secretary , Town of Ithaca Planning Board . EXHIBIT # 2 • STATE OF NEW YORK ) COUNTY OF TOMPKINS ) I , the undersigned Deputy Town Clerk and Secretary to the Planning Board of the Town of Ithaca , Tompkins County , New York , DO HEREBY CERTIFY : That I have compared the foregoing copy of the duly approved Excerpt from the meeting of the Planning Board of said Town held on the 18th day of July , 1989 , with the original thereof on file in the office of the Town Clerk , and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matter therein referred too I FURTHER CERTIFY that all members of said Board had due notice of said meeting . and that , pursuant to Section 98 of the Public Officers Law ( Open Meetings Law ) , said meeting was open to the general public and that further notice of the time and place of such meeting , in addition to that required by law with respect to that matter before the Board requiring Public Hearing , was given to the public by posting the Agenda therefor in the following places on the following date and by giving such other notice as follows : Town Clerk ' s Bulletin Board July 12 , 1989 Notice Box Outside Front • Door of Town Hall July 12 , 1989 Affixed to Outside Door of Town Hall Meeting Room July 12 , 1989 Service by Mail upon the Media and Parties with Interest July 12 , 1989 IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Town this 15th day of December , 1989 , Nancy M , uller , Deputy Town Clerk and Secretary , Town of Ithaca Planning Board , S E A L EXHIBIT # 2 NATIONAL CABLE CRAFT CORP .- July ORP .July 26 , 1988 Margie Rumsey - — - - -- - - - - ---- - - - 110 East Butternut Falls Ithaca , N . Y . 14850 - To Whom It May Concern : A question or concern has been raised regarding our storage of CATV materials ( coaxial cable , strand & miscellaneous hard - ware materials ) to the rear of the quonset but warehouse that we rent from Margie Rumsey . [As a practical . matter , we have the . warehouse filled with other materials used in the rebuild of ' the Ithaca cable system along with the nightly storage of our . vehicles , which is required for security purposes It is my feeling , based on 24 years of CATV experience , ® that this warehouse and storage facility is possibly the most tidy operation that I have seen . Accordingly , we request that outside storage of cable and strand be allowed , for it is the only way we can continue using this facility for the remainder of the project . Most Sincerely , /007 All Clark G . Cook ,— pres . EXHIBIT # 3 P . O . Box 64 , Vestal , NY 13851 -0064 Phone (607) 748-5214 TOWN OF ITHACA PLANNING DEPARTMENT TO : Members , Zoning Board of Appeals FROM : George R . Frantz , Asst . Town Planner � � � — DATE : January 18 , 1990 RE : Request by Margaret Rumsey for modification of use restraints , 116 East Buttermilk Falls Road. Town staff have not received a completed Short Environmental Assessment form for the above referenced request . I have however visited the site and have reviewed the attached environmental assessment of Mrs . Rumsey ' s original appeal to allow use of her property by National Cable Craft Corporation prepared by Susan Beeners for the Zoning Board of Appeals and dated March 9 , 1988 . Based on my review of the proposal and my site visit on January 18 , 1990 , the modification of the use restraints imposed by the Zoning Board of Appeals in its. resolution of March 9 , 1988 to allow outdoor storage of materials on the site , as proposed by Mrs . Rumsey , would have a negative visual impact on the adjacent Buttermilk • Falls State Park . The predominant land use in the area around the quonset but and storage site consists of residential - and park - type uses . Although the site and the surrounding park and residential uses are adjacent to the Elmira Road commercial strip in Ithaca itself , they are physically and visually separated from that commercial area by a railroad embankment approximately twelve feet in height and covered with brush and small trees . The existing outdoor storage arrangement and garbage dumpster can be categorized as industrial in nature and visually incompatible with the surrounding land use . When I visited the site on January 18 , 1990 there was in the area of the northerly side of the quonset but among other things in the range of twenty to thirty CATV cable spools with varying amounts of CATV cable on them , a 20 cubic yard roll - on refuse container with a large pile of scrap CATV cable beside it , and two small trailers for transporting cable . • The cable spools , refuse container and scrap cable were all readily visible from the parking lot of Buttermilk Falls State Park . Although there a number of small trees along the property line between the Rumsey site and Buttermilk Falls State Park which would have foliage during the summer EXHIBIT # 4 months , these trees would not provide sufficient screening even during the ,n • 1 summer months . In their current winter state they do not provide any screening capability . In addition to being visible from the parking lot of the park , the site is ® visible from the top of the railroad embankment . This should be taken into consideration in any assessment of the impact of outdoor storage at the site , as the railroad embankment is owned by the Finger Lakes State Parks Commission and is slated to be included in the Commission ' s proposed Cayuga Inlet bikeway . Given the above a modification of the Zoning Board of Appeals resolution of March 9 , 1988 could have a significant adverse visual impact on the surrounding area , unless some provision for adequate screening of the site from the adjacent state park were required . In order to ensure optimal mitigation , of the visual impact such screen .should extend along or in close proximity of the property line with Buttermilk Falls State Park from opposite the southern end of the quonset but to the northern edge of the storage area . EXHIBIT # 4 N ���y �1-•Tat I! - a -moo PMJWr i.o. NUMaaR •tT.tt SEOR AppwWlx C State Entllronmental Ouallty Review SHORT ENVIRONMENTAL ASSESSMENT FORM ® For UNLISTED ACTIONS Only PART 1 — PROJECT INFORMATION (To be completed by Applicant or Project aponsor) 1 . APPLICANT (SPONSOR 2. ECT NAM[ azr e �� 6--1 • S�� AG�- 3. PROJECT LOCATION: MunichWtty ( fo�L. f C �J . County 4. PRECISE LOCATION Mum addma and road Intsrseetimw prominent lan&nwV* ate.. or A 55 °CIES .�' I Lam'` ,B v'T7-i61J�1 LL 5 (�— • A -r A D D aF �. � c� A(ru� ccs Q® ,� . St �� �jv't '1�t «-tom is s $ t -s . 6. IS PROPOSED ACTION: ❑ Now ❑ Expansion (9ModifIutIW&tt*mtl0n Go DESCRIBE PROJECT 8RIEFLY: p WA-PIT (b FrrJT bj U 1 l G �� f OJG� R� �R G >=. 7a K/t 7 . AMOUNT OF LAND AFFECTED: Inttialry aera Ultimately aeras a. WILL PROPOSED =WPII COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes &ft It No, de aft Weft 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? c %nWmW O Indwtrw gCorrwrar W D Aptbultum arkrForo WOpen epaooser O eller B c-�rcr�..RJ� c c.� �cc_s �Jt•'r� t��t- �-I� 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING* NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL-AGENCY (FEDERAL. STATE OR LOCAL)? ❑ Yao Nd\ If m list apwom and psrtMttapgrvrale 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ❑ Yes 1xW If yes. IM apuicy rwns and psnNtlapprowl 12. AS A RESULT OF FROP08ED ACTION VOLL EX{STINO PERMITAPPRIOVAL MWIM MODIFICAMN? 13 Yes Mo . I CERTIFY THAT THE INFORMATION PROVIDED A&M 18 TRUE TO THE BEST OF MY KNOwLWG2 Appilamnl1spmmm num kA % 000004ME SOON If the action Is In the -Coastal Area, and you an a state agency, complete the Coastal Aasessment Form beton proomm Ing with this assossmmnt OVER 1 EXHIBIT # 5 Iblf mss , nt�� A . Action is Unlisted . Be Action will receive coordinated review ( Tompkins County Planning Dept . - N . Y . S . G . M . L 235 - m ) . Ci Could action result - - in anyadverse effects_ o or i` g_f -- the C1 . Existing air quality , surrJA!a!t ur groundwater gaa_lit ;�_c, rsuar�tity , noise levels . exis, i g_ traff � c pattarns , solid waste production or dj, ap„ sal , potentiajf= ero on_ . ..SLIa. nage _ or flooding problems ? The level of use proposed would not represent any significant adverse impact to traffic patterns or any Significant conflict with Park traffic , provided that traffic control signage is strictly obeyed . No significant adverse impacts are expected with respect to the other factors listed above , provided that a. site . plan showing proposed site improvements ( regrading at south end of building , new parking areas , proposed dumpster location , proposed screening ) is submitted and approved . A _ at.he . i r� agri » lt.nr� al _ arr+hooloojStoriC . or other nat.Ural or cultural resourceG or commnity or neiahborhood charaeter ? The visual and aesthetic impact of the building and site , with respect to the proximity of the site to Buttermilk Falls State Park , is the chief area of impact . The site is not similar either to the character of the park or to the character of the adjacent bed and brazkakfast . A suitable location for the dumpster that would be placed on site for approximately 2 1 / 92 years , forold cable , needs to be determined . The dumpster should be screened• with fencing and / or landscaping . Parking on the east side of the - building should be limited . Itis pr : ferred that parking and utility areas be located on the west side of the Louilding as much as possible , and that buffer plantings should be installed . to minimize impact on the character of the park . C3 . Vctatio �_�' _ s shellfish or wildlife npFcic , _svgnificant _babitatslsrrtthrgQtened _or - eIldaag red No signiy icant apc: :: aE. s oxV i.. ,J. st on the site that wouldba impar � _-- —ccnnitr _ _tzititi_g_piUr� s u _dUals_as_ } 7 pt �_: c. __;_ r _a _,_ l� a _g=_ 'r _ _ l ♦ J. .JI yJ. liad V,a 1U :wJ , h1L 1W :) �J 1i .a . .. J )C i ea i• 1. {y� ♦ . V V %:p lY — .J 1.% p ,n- 1. 111.. VC: .... U ...IC .J ll �l �.i L/ 1 the uA. 1V a 1 . �'. .Jy . , ,• • • 6. - Id p cc - c s in I. n . . li J \Ji . LSI V ...� .Ii :•: iJi- 11 . 1r ll rl ` pVs J, W1I \A U ,� a 1e, J .7 C. i ,Ve uS e wi. ; h re -Pect t :: t .raf f is tr, ai-i the previous Karate school . EXHIBIT i .. c .. ,. 1G . . i v . VI . 6 ., Gfi :. rig Uruani3 . 11.. e , t G # rj rA ,LO% thoriZati :jr, the proposed use , which is light ir: :lustrial , :Ji� u � G :jt1 ; a ) t ::3t no buSainess use would be allowed a. r. tl"ie 3:" L 1' V:, a u S �. f "the isolated , low - %wlSibilit. y l oca;tuiC) n ( iA ` ;"Its 4 ne5s Use 1. 8 riot eife -- tive . I'40 signif icant. a1v %:; rse impa ,: ; t with respect to community plans and goals , cr to land use intensity is expected , provided that the Zoning Board of Appeals finds grounds for the appeal . subsftaUent devgj.Qr..#mgi�' or re ), til i� �Jbs.lYp. be i "aced by the rop4x!;Ld action ? I14ot expected provided that any future change in use of the building is made subject to review by the Zoning Board of Appeals . � • u4T1€��L7i . �rcrt t��m„rs�i�mula;�,�ve � or c, thar effects not _identified in C1 - 05 ? Not expected . Q?.4ttharimpacts Uaaludin€ changes in use of �gdth= suAatityrt _? � Z_ Not expected . ® D . s there , nr is there likely to bes controversy related �� ^ t taadverse e'. No controversy is expected at this time . �L'•T I I I A negative determination of environmental significance is recommended , provided that 1s a site plan by an architect or engineer is :. ubmittad for approval by the Town Engineer and Town Planner showing proposed improvements to the south End of the building , proposed parking areas , with a minimum amount of parking on the east side of the building , the location of the dumpster , fencing around the dumpster , and buffer piantings to adequately screen the site from the park . L the ZiOning Board of Appeals finds sufficient grounds for appeal . Lead Agency : Zoning Board of Appeals Reviewer : Susan C . Beeners , 'Town Planner Review Date : March 9 , 1988 EXHIBIT # 5 ' PLOT PLAN INFORMATION TO BE SHObM : 1 . Dimensions of lot . 4 . Dimensions and location of proposed structure( s) or 2 . Distance of structures from: or additlon( s) . � . Road, . 5 . Nerves of neighbors vdho bound lot . Both side lot lines, 6 . Setback df nelghbors . c . Rear. of lot . 7 . Street name and number . 3 . North arrow. 8 . Show existing structures In contrasting lines . CO ' tic .r 5 . ____ , • 5 . 4 AC . 0 - .\ r4 \ r . 5 . 8 � . ti , AC . , C 1 .73 a A - - �► .-- mom°' rp4o - t _ y D of 1 I I 10 • . 1 • . 1 1 1, . 1 + 010 / . / . ... , • ♦ �, ` . � � .. 'I . � l ! Ii rf . / � 11 � ) . � . . Signature of Owner/Appe i l ant : Date: Signature of Appellant/Agent : Date' . . r`� / 9 � EXfiIBIT # 6 _- --,�- -,. . - :� - .- ..��- aTMws verls,nii'te•.�a. ....-,,.. ._ -.-:: 'r 'Cu.a. -- ._a.._Pvs!>::�..:.:..+ . :. . .,.�:."Y••.^.r f.$1C"Y1isc .�.. . . .. : i'::' -l:> .iit._.`..iiai:Gti:_�Y.: .I 4� ¢P / i DpiI CP io ® 14' � s� a0 _ r r 00 elm r 1 t sc ,N4 x - - 4)0 T000e goo' or So 1 ` i �w � r "' Y �/ RRIZ6EG TO 86P Co/yV9jrBO �z ��.:� �, a � ;�ca �-s Aloe PARCEL . OFLAN2 �, •_ ?p r ea 587- 7oS / 6Y ZOO/S A AND 1 $ \ &O. Oyeerow,v of sr�eA4#a nt: /S. O• / n. $ CALG /"3 3a� ip a!'do','¢ y � A1C . v w( a'1P ( ;ted eeL du 3ho� 1 Z I ; / • o O - IUO�GnTa1 P%Pa oR Piw+ Povj�O rTaars fActrcct C40) �- Y • LnioKa-ca 3/* q;F Ply+ To Os »T' 53? - ea ? T.'R so - / - J. 82, L) Mg0 AN0 SO4-Vd7 4 %1 M6fAr S QUSSLr2 J ?, LRro svtvrro -N:r.' S.° uCws� NOto99'MIk-/• EXHIBIT # 71 oeoe 1 i 1 ' Macera / Lanphere 1 - Lot Subdivision - 1 - ` *, 115 Rich Road Final Subdivision Approval Planning Board , December 19 , 1989 ADOPTED RESOLUTION : Macera / Lanphere 1 - Lot Subdivision 115 Rich Road Final Subdivision Approval Planning Board , December 19 , 1989 MOTION by Mr . Robert Miller , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of a 1 . 07 - acre parcel from Town of Ithaca Tax Parcel No . 6 - 50 - 1 - 5 . 2 , 1 . 73 acres total , located at 115 Rich Road , Residence District R- 15 . 2 . This is a Type II action requiring no further environmental review . 3 . The Planning Board , at . Public Hearing on December 19 , 1989 , has reviewed the proposed subdivision plat and other application materials . THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant Final ® Subdivision Approval to the proposed subdivision as presented , subject to the following conditions . 1 . The grant of variance or other approval by the Zoning Board of Appeals with respect to . frontage requirements and construction of a building off of a public road . 2 . That any construction occur at least 70 feet southeasterly of the northwesterly line , 15 feet from the southwesterly line , 30 feet from the southeasterly line , and 15 feet from the northeasterly line . - 3 . That any occupancy of any building constructed on the proposed lot be limited to no more than one family . 4 . That there be no further subdivision of said proposed lot . Aye - Grigorov , Langhans , Baker , May , Kenerson , Lesser , Miller . Nay - None . CARRIED UNANIM6kUSLY . � c Nancy M . uller , Secretary , VQwn tkf Ithaca Planning Bard . December 26 , 1989 . ` ( o EXHIBIT # 8 " Danby Road Housing " 1033 Danby Road Final Site Plan Approval Planning Board , November 15 , 1988 * * * * * * * * * * * * * * * * ADOPTED RESOLUTION : " Danby Road Housing " 1033 Danby Road Final Site Plan Approval Planning Board , November 15 , 1988 MOTION by Mrs . Virginia Langhans , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Final Site Plan Approval for the proposed " Danby Road Housing " project , proposed to be located in a Multiple Residence District at 1033 Danby Road , Town of Ithaca Tax Parcels No . 6 - 43 - 1 - 1 . 2 , - 2 . 2 , and - 6 . 2 . This is a Type I action for which the Planning Board , on September 6 , 1988 , made a negative determination of environmental significance , and granted Preliminary Site Plan Approval with certain conditions . 3 . The Planning Board , . at Public Hearing on November 15 , 1988 , has • reviewed the final site plan and other application submissions for final site plan approval . THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant Final Site Plan Approval to the project as proposed , subject to the following conditions : 1 . That the maximum height of all buildings on the site shall be thirty ( 30 ) feet , excepting the two buildings in the northeast portion of the site which shall have a height not exceeding thirty - three ( 33 ) feet . 2 . Approval of final site working . drawings by the Town Engineer prior to the issuance of any building permits , with said working drawings to have no deviations from the distances between the building and parking areas and the boundaries of the project as shown on the site plan approved by the Planning Board on November 15 , 1988 , or on a subsequent revised site plan as would be subject to approval by the Planning Board , 3 . Approval of water and sewer systems design by the Tompkins County Health Department prior to the issuance of any building permits . 4 . Approval of an agreement with respect to the private long - term maintenance of the proposed retention pond by the Town Attorney EXHIBIT # 9 � y r " Danby Road Housing " 1033 Danby Road Final Site Plan Approval Planning Board , November 15 , 1988 and the New . York State Department of Transportation Regional Engineer prior to the issuance of any building permits . 5 . Approval of the final planting installation schedule , and approval of the design of the protective fencing in the northwest portion of the site , by the Town Planner prior to the issuan: of any building permits . 6 . The planting plan shall include the addition of evergreen trees for naturalizing in the conservation areas on the south and east edges of the site , and the addition of evergreen trees in the entrance pla-ntings near Danby Road , . to be approved by the Town Planner . 7 . The proposed drive lanes on the site , with the exception of the divided access road , shall have a minimum width of 25 feet . 8 . The project shall have a maximum occupancy of 600 people , except as may be subsequently modified upon approval by the Planning Board . Aye - May , Baker , Grigorov , Langhans , Klein , Ken erson , Lesser , Miller . Nay - None . CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * Nancy M . OPuller , Secretary, Town of Ithaca Planning Board . . November 17 , 1988 . EXHIBIT # 9 14464 (2187)—Text 12 '�. 1?ROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I — PROJECT INFORMATION (TO be completed by Applicant or Project sponsor) I . APPLICANT /SPONSOR 2 . PROJECT NAME JMS Ithaca Realty , Inc . College Circle Apartments 1. PROJECT LOCATION: Municipality Town of Ithaca County Tompkins a . PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide nap) College Circle & Danby Road 1033 Danby Road S . IS PROPOSED ACTION: ❑ New ❑ Expansion ® ModlflcatkxValteratlon 8 , DESCRIBE PROJECT BRIEFLY: Project is to construct 149 rental housing units plus management office . Project has site plan approval from Town of Ithaca Planning Board ; however , zoning ordinance has been amended . 7 . AMOUNT OF LANAFFECTED: Initially 3o . ? acres Ultimately 30 . 5 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Cl Yes ONO If No, descrbebriefly Zoning ordinance has been amended to limit occupancy of a dwelling unit to a maximum of 4 unrelated persons . Project as approved Mould have 5 , 6 or 7 unrelated in certain units . 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑ Residential ❑ Industrial ❑ Commerclal ❑ Agriculture ❑ Park/Forest/Open space ❑ Other Describe, Project Site : Multiple Dwellings North Border : College Athletic Fields South Border : Rental Housing West Border : Single Family Homes East Border : - Undeveloped 10 . DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ® Yes ❑ No If yes, 110 agency(s) and permittapprovals Town of Ithaca Planning Board Site Plan Review , Building Permits , Certificates of Compliance ; Tompkins County Health Dept . , water & sewer syst. ems ; NYS Dept of Transportation , curb cut & drainage . 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ® Yes ❑ No If yes, list agency name and permwapproval Town of Ithaca : Site Plan Approva1 , Building Permits and Certificates of Compliance for all of Phase I , Building Permits for most of Phase II ; Health Dept . approval of water / sewer ; NYSDOT : curb cut & drainage . 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ® No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applbsntftwo r name: John Novarr , V . P . , JMS Ithaca Realty , Inc . Date: signature: If the action Is In the Coastal Area, and you are a state agency,ge cy, complete the Coastal Assessment Form Wore proceeding with this assessment OVER i EXHIBIT # 10 r• i PART II — ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 917. 12? It yes, coordinate the review process and use the FULL EAF. ❑ Yes BNo S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 817.8? If No, a negative declaration may be superseded by another Involved agency. ® ❑ Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten. If legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production. or dlgposal, potential for erosion, drainage or flooding problems? Explain briefly: X SEE ATTACHED C2. Aesthetic, agricultural, archaoologlcalt historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: SEE ATUCHED _ C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: .,R6 SFE Am= C4. A community's exlsMg plans or goals as officially adopted, or a change In use or Intensity of use of land or other natural resources? Explain briefly 6 SEE ATTACK C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. ,?Ko SEE ATTACHED 09. Long term, short term, cumulative, or other effect$ not Identified In C1Z5? Explain briefly. too SEE ATTACM C7. Other Impacts (including changes In use of either quantity or type of energy)? Explain briefly. SEE ATTACHED D. . IS THERE, OR IS THERE LIKELY TO OF. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes E] No If Yes, explain briefly PART 111—DETERMINATION, OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Identified above, determine whether It Is substantial, large, Important or otherwise signiflcant. Each effect should be assessed In connection with Its (a) setting ate, urban or rural); (b) probability of occurring; (c) duration; (d) Irreversiblllty; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed. ❑ Check this box if you have Identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration, ❑ Check this box If you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT. result In any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination. Name of Lead Agency Print or Type Name of It"ponsible Officer in Load Agency Title of Responsible Off icer Signature of Itesponsible-Officer in Lead Agency Signature of Freparer (if differerit fmm responsible icer Date 2 EXHJBIT # 10 r � PART II - ENVIRONMENTAL ASSESSMENT PROJECT : Request for variance from maximum occupancy limits of ® Zoning Ordinance , College Circle apartment complex , 1033 Danby Road REVIEWER : George R . Frantz , Asst . Town Planner DATE : January 18 , 1990 A . Does Action exceed any TYPE 1 threshold in 6 NYCRR , PART 617 . 12 ? Yes No.X— Action is UNLISTED_X_ B . Will Action receive coordinated review as provided for UNLISTED Actions in 6 NYCRR , PART 617 . 6 ? Yes No—Xt Involved Agency0es ) : C . Could Action result in any adverse effects associated with the following : C1 . 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 ? Explain briefly : No significant adverse impacts are anticipated . Proposed action would be an increase in the number of unrelated persons allowed to occupy individual units within existing apartment structures . No changes in land use , additional construction or changes in existing site plan as approved are proposed . C2 . Aesthetic , agricultural , archaeological , historic , or other natural resources ; or community or neighborhood character? Explain briefly : No significant adverse impacts on aesthetic , agricultural , archaeological , historic , or other natural resources , or on community or neighborhood character are anticipated . Proposed action will allow increased residential densities within specific structures in the overall complex . However it would not result in an overall increase in project density , which is limited to 600 occupants . EXHIBIT # 11 N � C3 _ Vegetation or fauna , fish , shellfish or wildlife species , * significant habitats , or threatened or other natural resources ? Explain briefly . None expected . 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 ? Explain briefly: None anticipated: No change in use or intensity of land use or other natural resources is proposed as a result of proposed action . C5 . Growth , subsequent development , or. related activities likely to be induced by the proposed action ? Explain briefly : None anticipated . C6 . Long term , short term , cumulative , or other effects not identified in C 1 - 05 ? Explain briefly : None anticipated . ® C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? Explain briefly : No significant adverse impacts are anticipated. D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? Yes No_XL If Yes , explain briefly PART III - DETERMINATION OF S16NIFICANCE Given the small scale of the proposed action and the above observations , a negative determination of environmental significant is recommended . EXHIBIT # 11 . . - . . - . . . .- .. - - .-_ r-a- . . •. ar•. ..v. .. -. a.� - ..• a.. .. . . . . . . ..a .. . ... , • . Mar ... �.r.a.. ...a..aarwarL�:IIC - AFFIDA VIT OF PUBLICATION TOWN OF APPEAL ZONING BOARD OF . APPEALS;-:, NOTICE OF PUBLI.C ` HEARINGS , ' WEDNESDAY,'>. JANUARY , 524; 1990, 7 : 00 P. m B direction of thhairman of the ZoningKBe•Coard of `Ap- Ttm ITHACA JOURNAL peals NOTICE HEREBY' Said Zoningg Board of Appeals ) GIVEN that Public Hearings_, wi1161 ,s6id : time; 7:00 p. m. , will be held by the Zoning bond said place, ` hedr' all per- , Board of Appeals of the Town • sons in support of such matters of Ithaca on Wednesday, Jan- tor `objections thereto: Persons State of New York , Tompkins County , ssuary 24, 1990, in Town Hall, ;r;moy , appear by'_ agent or in . . 126 East Seneca Street, (FIRSLi ; 'erson:r; r Floor, REAR Entrance, WEST�.Pwt 'r -� j�' . Anrdrew S' Frost, Gail Sullins Side ), Ithaca, N . Y. , COMB" = Building Inspector/Zoning i being duly sworn , deposes and MENCING AT 7:00 P. M. , on , �a ; . ::Enforcement Officer,'., the following matters. `t i • Town. of Ithaca ' says , that she/he resides in Ithaca , county and state aforesaid and that MODIFIED APPEAL (from Morch ;.'i ',< tJst f •i , '.473- 1747 91 1988 ) of Margaret Rumsey, .'Jonudry 1_9, 1990 : . she/he is Clerk Appellant, Allen W. Hayes, Agent, requesting authoriza of The Ithaca Journal a public newspaper rinted and published in tion from the Zoning Board of pp p Appeals, under Article XII , Sections 54 and 55, of the Ithaca aforesaid , and that a notice , of which the annexed is a true Town of Ithaca Zoning Ordi- nonce, for the extension of a copy , was published in said paper non -conforming use, from o more restrictive use to a less /�. restrictive use, located at 116 J � � \ ^ Q East Buttermilk Falls Road, 1 Town of Ithaca Tax Parcel No. 6-38- 1 -3, Residence District R- �. 30. The proposed use is to be a television cable system serv- ice center with outside star- I age . Approval for use as al television cable system sery ice center was granted by said and that the first publication of said notice was on the Hoard of Appeals on March 9, ; 1988, with no outside storage ' permitted. The existing build- y of �tL� . ca 19 ing was previously used as karate instruction school . APPEAL of Anna Mocera and Brion E . Lonphere , ApFellonts, l requesting variance from the : requirements of Article IV, 1 Section 16, of the Town of Ithaca Zoning Ordinance, to Sub 'bed and sworn to before me , this day permit the construction of o home, proposed to be located at the rear 115 Rich Rood , Of /L 19 on anewly-susubdivided lot that does not front on a town, county, or state highway, Town of Ithaca Tax Parcel No . 5-43- 1 -5. 2, Residence District I R- 15. Said lot has a 20-foot- wide access drive fronting on Notary Public . Rich Road and o width of 241 i feet commencing approxi mately 200 feet from the street JEAN nORD line, whereas a minimum PUb� IC �tcUe co New York width at the street line of 60 � Notary feet, and a lot width at the . maximum front yard setback No, 45542 10 ( 50 feet from the street line ) of 100 feet, are required . ) Qualified in Tcrripkins COUnt APPEAL of JMS Realty Co . , l �j / Owner/A.ppellont, John No Commission expires May 31 , 1 varr, Agent, requesting vari- ' once from the requirements of Article VI , Section 26, of the ' Town of Ithaca Zoning Ordi - nance, to permit occupancy by more than four unrelated persons per dwelling unit at the College Circle apartments located at 1031 -33 Danby Road , Town of Ithaca Tax Par- cels No. 6-43 - 1 - 1 . 2, -2. 2, and - 6, Multiple Residence District. I