HomeMy WebLinkAboutZBA Minutes 1990-12-12 FILED
TOWN OF ITHACA
Date� j�A A0
TOWN OF ITHACA Clerk 7n 3
ZONING BOARD OF APPEALS
DECEMBER 12 , 1990
THE FOLLOWING ARE THE MATTERS THAT WERE HEARD ON DECEMBER 12 ,
1990 BY THE BOARD :
ADJOURNED ' APPEAL ( FROM NOVEMBER 14 , 1990 ) OF GLENN HUBBELL ,
OWNER/APPELLANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF
ARTICLE,,. V, SECTION 18 AND 19 , OF THE TOWN OF 'ITHACA. ,ZONING
ORDINANCE , FOR THE - OPERATION OF AN ANTIQUES AND ;-SECOND BAND ;
GOODS `'SHOP IN AN AGRICULTURAL DISTRICT " AT . 1308 . xMECkLLNBURG. _ .
ROAD , TOWN : OF . ITHACA TAX PARCEL NO . 6 -27 -1- 14 : 1,, ( RESIDENCE, ;
, = DISTRICT R- 30 REGULATIONS APPLY ) . SAID ORDINANCE DOES >. -NOT :•' %
PERMIT ANTIQUE AND SECOND HAND BUSINESSE$ � . IN%: A RESIDENTIAL
DISTRICT .
CARRIED UNANIMOUSLY WITH
CONDITIONS
APPEAL OF JUDITH . Be MACINTIRE , APPELLANT , RALPH W . NASH ,
ESQ . , AGENT , REQUESTING VARIANCE OF THE REQUIREMENTS OF
ARTICLE IV , SECTION 11 , OF THE TOWN OF ITHACA .ZONING
ORDINANCE , TO PERMIT THE OPERATION OF A " BED . AND BREA--KFAST "
FACILITY FOR UP TO A MAXIMUM : OFA ` FOUR. BOARDERS SND/OR
LODGERS , PROPOSED TO BE LOCATED IN AN EXISTING t.1NGLE ,�',AMILY
40RESIDENCE LOCATEDr3y,• AT 21. 7 EASTERN, , HEIGHTS , DRIVE , 'TOWN;. . OF
ITHACA ;TAX PARCEL µ NO 6 -57 - 1 - 8 ` 126 , , . RESIDFNCL DISTRICT R= 3 5
SAID ORDINANCE PEkkITS bNI,�Y ONE BOAR 'Il l .' A . SINGLE—FAMILY
HOMES
_. . _
CARRIED TWITI CONDITIONS
APPEAL OF ' CALUM M :. CARMICHAEI, , APPELLANT , : :REQUESTING SPECIAL
APPROVAL , . �UNDER, . '. ARTICLE` . XIL, SECTION 54 , & OF THE TOWN OF
ITHACA ZONING ORDINANCE , OF THE PROPOSED EXTENSION OF A NON—
CONFORMING SINGLE—FAMILY RESIDENCE LOCATED AT 109 MCINTYRE
PLACE , .. TOWN OF ITHACA . TAX PARCEL ' NO . 6 - 66 - 6 - 3 , " RESIDENCE
DISTRICT R- 15 . THE PROPOSED EXTENSION IS THE ADDITION OF A
12 -FOOT BY 13 —FOOT . R00M 'T®, THE SOUTH . SIDE OF. SAID RESIDENCE ,
CREATING A NEW 'SOTJTH .REAR " PROPERTY LINE OF 7 FEET -6 INCHES ,
THE EXISTING RESIDENCE IS LOCATED 15 ( + - -OR — ) FEET FROM SAID
SOUTH REAR PROPERTY LINE . A REAR YARD ' SETBACK OF 30° FEET IS
REQUIRED .
CARRIED UNANIMOUSLY
WITH CONDITION
1
AFFIDAVIT OF PUBLICATION
THE ITHACA JOURNAL
TOWN OF , ITHACA ZONINGS of no more th'dri b feet
State of New York , Tompkins County , ss . : BOARD OF APPEALS ':� > t
NOTICE .OF PUBLIC HEARINGS-' APPEAL of Scotf'gnd Sue Ham;
WEDNESDAY, JAN. 23, -J991 > :j Ilton,';Owners '-Gene Slater',
Gail Sullins �, ' . 7:00 p ry1: Cayug-6 Signs'Inc., 'Appellant, '
be1n � duly sworn , deposes and g direction of the Chdirmaii+ requesting variance of there
of the Zoning Board of 'Ap= quiremenW of Section 5.03=1 .
says , that she/ he resides in Ithaca , county and state af0resald and that pecis NOTICE is HEREBY GIVENI'll
' :of the Town of IthacaSigh1a'w
Clerk that Public ' Heorings' - will . be to permit o free-standing sign
she/ he is held by the Zoning Board of of 97 ' plu's/minus square feet
Appeals of the Town of Ithaca` ; at the ' Judd Falls Plaza; ';12'
of The Ithaca Journal a public newspaper rinted and published In I ' Wednesday, ' January 23, ' Judd Falls Rood, Town of Itha=
PP P 1991 , in Town Hall, 126 East , ca 'Tax Parcel �No. 6.62- 1 -3.2,
Seneca Street, (FIRST . Floor; i Business District; C. Said Sign
Ithaca aforesaid , and that a notice , of which the annexed is a true REAR _ Entrance, . west Side ); : Low " 'permits ; ; free-standing
IthocaJ _N. Y. , .COMMENCING ! signs ':Of 'no ^ more than' 50 .
copy , was published in said paper AT 7:00 P. M. , on the following square feet,'iri 'a business dis- '
matters. : _ . trict. >.: :::,ce: • .
f h I APPEAL of ,Hoyt D. Benjamin, ! Said Zoning Board of Appeals.
�l-, (s` f- .� t l l Appellant,' ,tequesting '. vori- i will, at said 'tiine,'
onceof the ' requirements of and said place,. hear all per
Article XIII,-' Se'6ion 65; of the4 sons in support of such matters
Town of Ithaca Zoning Ordi or objections thereto. Persons
nonce, to maintain a fence may appear by agent or in
with a height, at sections, of person. •
8' , ' at 1013 , Taughannock Andrew S. Frost
Boulevard, Town of Ithaca Tax : Building Inspector/Zoning
Parcel No. : - 6-21 -2-22, Resi- Enforcement Officer
Ind that the first publication of said notice was on the I nonce District R- 15. Said sigh Town of Ithaca
Hance permits a fence height - 273- 1747
day of - January 18, 1 99 y
19 ��_
Subscribed and sworn to before me , this a day
of 19
Notary Public .
JEAN FORD
Notary Pu !aliC, S1a ; o of ! '% aYoa.
No. 465 . . 0
Qualifiecd in TCM ,: .; ; ;, s County
Commission expires May 31, 19��
FW
TOWN OF ITHACA
LTown of Ithaca 1
Zoning Board of Appeals
December 12 , 1990
TOWN OF ITHACA
ZONING BOARD OF APPEALS
DECEMBER 12 , 1990
PRESENT : Chairman Henry Aron , Joan Reuning , Robert Hines ,
Edward Austen , Edward King , Building Inspector/ Zoning
Enforcement Officer Andrew Frost , Town Attorney Barney .
OTHERS PRESENT : C . M . Carmichael , Eveline Aron , J . B . Maclntire ,
Robert Kohut , Jean Leroy , Richard Shore , John
Golay , Attorney Ralph W . Nash , Roger Hubbs ,
Frank Smith , Richard Lovelace , Loren Tauer ,
Jeffrey Vernon .
Chairman Aron 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
same were in order .
The first Appeal on the Agenda was the following :
ADJOURNED APPEAL ( FROM NOVEMBER 14 , 1990 ) OF GLENN F .
HUBBELL , OWNER/APPELLANT , REQUESTING VARIANCE OF THE
REQUIREMENTS OF ARTICLE V , SECTION 18 AND 19 , OF THE
TOWN OF ITHACA ZONING ORDINANCE , FOR THE OPERATION OF
AN ANTIQUES AND SECONDHAND GOODS SHOP IN AN
AGRICULTURAL DISTRICT AT 1308 MECKLENBURG ROAD , TOWN OF
ITHACA TAX PARCEL NO . 6 - 27 - 1 - 14 . 1 , ( RESIDENCE DISTRICT
R- 30 REGULATIONS APPLY ) . SAID ORDINANCE DOES NOT
PERMIT ANTIQUE AND SECONDHAND BUSINESSES IN A
RESIDENTIAL DISTRICT .
Mr . Glenn Hubbell appeared before the Board .
Chairman Aron read the criteria from the " Use Variance "
section of the Town ' s Zoning Ordinance and from " Zoning
Decisions " of May/ June 1987 ,
Chairman Aron referred to photos of Mr . Hubbell ' s property
that were presented to the Board by Zoning Enforcement Officer
Frost . He said that the outside of the building in question has
now been cleaned up and looks as it should .
Mr . Hubbell gave background information on his request for
the variance . He said that he has been in the antique and second
hand business at this location for 14 years . The main building
is 200 feet by 60 feet . There is another building which is three
stories and 120 feet by 36 feet . The main building is the one he
sells from and the other building is used for storage .
M
® Town of Ithaca 2
Zoning Board of Appeals
December 12 , 1990
Chairman Aron , for clarification , stated that the variance
request is only for the main building .
Mr . Hubbell commented that there is nothing that can be done
with the building in question that would not require permission .
Chairman Aron opened the public hearing . No one appeared to
address the Board . Chairman Aron closed the public hearing .
Chairman Aron referred to Part III of the Environmental
Assessment Form , signed by Assistant Town Planner George Frantz ,
dated November 7 , 1990 and attached hereto as Exhibit # 1 .
Chairman Aron stated that he feels that Mr . Hubbell wishes
to continue what he has done since 1976 but he does not think
that Mr . Hubbell has proved any financial hardship to the Board .
Chairman Aron asked Mr . Hubbell what his income is from the
antique and secondhand business a year .
Mr . Hubbell stated that his income on the business is
$ 12 , 000 . 00 a year and the lease for the storage area , which takes
up 1 , 600 feet of the 12 , 000 foot building is $ 2 , 400 . 00 .
Environmental Assessment
MOTION by Mrs . Joan Reuning , seconded by Mr . Edward Austen :
RESOLVED , that , in the matter of the Appeal of Mr . Glenn
Hubbell requesting variance of the requirements of Article
V , Sections 18 and 19 , of the Town of Ithaca Zoning
Ordinance , for the operation of an antiques and secondhand
goods shop in an Agricultural District , at 1308 Mecklenburg
Road , Town of Ithaca Tax Parcel No . 6 - 27 - 1 - 14 . 1 , the Town of
Ithaca Zoning Board of Appeals make and hereby does make a
negative declaration of environmental significance .
Ayes - Reuning , Austen , King , Hines , Aron .
Nays - None .
The motion was carried unanimously .
Town Attorney Barney asked Mr . Hubbell if it would be
possible to convert the building to something that would be
permitted in an agricultural zone .
® Mr . Hubbell said that he really does not know what it would
be other than raising chickens , cows , or pigs , etc .
Town of Ithaca 3
Zoning Board of Appeals
December 12 , 1990
Mr . King stated that he thinks Mr . Hubbell has demonstrated
that he has a very substantial and valuable building here which
really cannot be devoted to any permitted use that would yield an
adequate return for it . He said that he thinks a building of 200
feet by 60 feet so solidly built in that zone is an apparent
economic hardship .
Mr . Frost stated that when he visited the property in
November , he questioned the structural integrity of the building
adjacent just to the west of the main building . At the time Mr .
Hubbell ' s son indicated that none of the general public ever goes
into that building . He asked Mr . Hubbell if that is correct .
Mr . Hubbell said the public does not go into that building .
MOTION
By Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant a Use Variance to Mr . Glenn
• Hubbell for the continued operation of an antiques and
secondhand goods shop and warehousing in an Agricultural
District at 1308 Mecklenburg Road , with the following
findings and conditions .
1 . The applicant has demonstrated that financial hardship
would be involved in devoting the use of these
buildings to uses permitted under R- 30 zoning .
2 . That no appeared before the Board in opposition to the
request for variance .
3 . There shall be no outside storage .
4 . There shall be adequate parking provided off the
highway for customers and policing of the parking so
that customers do not constitute a hazard to the
motoring public .
5 . That the variance be granted for a period of five years
at which time Mr . Hubbell may re - apply for a
continuation of the variance if he so desires .
6 . That the public shall be restricted to access only to
the main building where the sales are conducted .
• 7 . That there will be no employees . The business shall be
operated solely by Mr . Hubbell and family .
Town of Ithaca 4
Zoning Board of Appeals
December 12 , 1990
A vote on the motion resulted as follows :
Ayes - King , Reuning , Austen , Aron , Hines .
Nays -- None .
The Motion was carried unanimously .
The second Appeal on the Agenda was the following :
APPEAL OF JUDITH B . MACINTIRE , APPELLANT , RALPH W .
NASH , ESQ . , AGENT , REQUESTING VARIANCE OF THE
REQUIREMENTS OF ARTICLE IV , SECTION 11 , OF THE TOWN OF
ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF A
" BED AND BREAKFAST " FACILITY FOR UP TO A MAXIMUM OF
FOUR BOARDERS AND/OR LODGERS , PROPOSED TO BE LOCATED IN
AN EXISTING SINGLE -FAMILY RESIDENCE LOCATED AT 217
EASTERN HEIGHTS DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 -
57 -- 1 - 8 . 126 , RESIDENCE DISTRICT R- 15 , SAID ORDINANCE
PERMITS ONLY ONE BOARDER IN A SINGLE - FAMILY HOME .
Mrs . MacIntire and Attorney Ralph W . Nash appeared before
the Board ..
Chairman Aron read letters into the record from the
following persons : Mr . and Mrs . Loren Tauer , 211 Eastern Heights
Road , dated 12/ 6/ 90 ; Mr . and Mrs . Roger Hubbs , 106 Skyvue Road ,
dated 12 / 9 / 90 ; Ms . Cheryl A . Smith , 104 Skyvue Road , dated
12 / 12 / 90 ; and Mr . and Mrs . Michael Welch , 229 Snyder Hill Road ,
dated 12 / 12 / 90 . The letters are attached hereto as Exhibits
2 - 5 .
Attorney Nash addressed the Board regarding the hardship of
Mrs . MacIntire ' s request for the variance . He stated that this
is a single family house with four bedrooms . The only persons
residing there are Mrs . MacIntire and her elderly father . The
expenses for maintaining this property just for the two of them
to live there is the hardship .
Attorney Nash explained that currently the Zoning Ordinance
provides that Mrs . MacIntire can have one boarder or lodger in an
R- 15 zone . Mrs . MacIntire had been operating this Bed and
Breakfast previous to this year and she would like to increase
the operation for up to four persons , using two bedrooms in order
to provide herself with additional income in order to meet the
expenses of maintaining her property .
Attorney Nash stated that the property is well suited to
this use . It is a single family property so it could not be made
into a rental unit without substantial renovation . He noted that
two - family dwellings are an acceptable use in the neighborhood
Town of Ithaca 5
Zoning Board of Appeals
December 12 , 1990
and they feel that the use proposed here of a Bed and Breakfast
for up to four boarders would be no different in terms of effect
on the neighborhood than already permitted uses .
Attorney Nash said that Mrs . MacIntire ' s current income as a
school teacher will decline in another year when she retires .
She feels that in order to maintain the property in the good
condition that it currently is , she is going to need some
additional income to do this . They do not feel that such a use
would be out of character with the neighborhood which does allow
rental and two - family residences .
Attorney Nash stated that what would be involved would be
possibly two additional cars on a few weekends a year . He said
that Mrs . MacIntire has never had any complaints in the past
regarding the operation of the Bed and Breakfast and she feels it
can continue to be operated in a manner which will not in any way
jeopardize the current character of the neighborhood .
Chairman Aron opened the public hearing .
Mr . Robert Kohut , 214 Eastern Heights Drive , spoke in
opposition to the proposal . He believes that a Bed and Breakfast
for four additional boarders will put additional traffic in the
area , as well as putting strangers into the area .
Mr . Frank Smith , 104 Skyvue Road , stated that he is
concerned about the precedent that this proposal might set in the
neighborhood and he feels that a Bed and Breakfast would alter
the character of the neighborhood in regard to traffic , etc .
Mr . Richard Lovelace , 213 Eastern Heights Drive , stated his
extreme opposition . to this proposed variance . He said that the
top part of Eastern Heights Drive is all single family houses , as
is Skyvue Road , and this would definitely change the area as far
as lowering property values . He is also concerned about traffic .
He questioned whether or not there would be a sign or advertising
done for the Bed and Breakfast .
Roger Hubbs , 106 Skyvue Road , stated to the Board that he
does not see anything unique in this situation as far as
hardship . He asked for assurance that this would be a Bed and
Breakfast operation and not a boarding house .
Mr . Jeffrey Vernon , Ithaca College student , stated that he
came to the meeting as a class assignment and he is surprised
® that people are unwilling to have two more cars in their
neighborhood for a weekend which would basically be what a Bed
and Breakfast operation would attract .
Town of Ithaca 6
Zoning Board of Appeals
December 12 , 1990
Mr . Richard Shore , 218 Eastern Heights Drive , stated that he
is reluctantly opposed to the proposal for a Bed and Breakfast .
He said that his concern is that this may be the first step
toward commercialization of that portion of the street and he is
fearful of a precedent being set in the neighborhood , although
he is sympathetic to Mrs . MacIntire ' s situation .
Mr . Loren Tauer , 211 Eastern Heights Road , spoke to the
Board in opposition to the proposed Bed and Breakfast .
Chairman Aron closed the public hearing .
Chairman Aron asked Mrs . MacIntire how long she has been
operating a Bed and Breakfast .
Mrs . MacIntire stated that she has been operating a Bed and
Breakfast for the last 2 years , with the most staying there being
4 - 6 people .
Mr . Hines stated that as he understands the law , the
hardship issue must relate to the character of the property , not
the condition of a person ' s problems . He asked what is
particularly unusual or unique about this property as opposed to
the others in the neighborhood which makes its use as a single
residential property a hardship .
Attorney Nash stated that he thinks Mrs . MacIntire ' s problem
is that it is a large four bedroom with only two persons living
there .
Mr . King stated that the variance that is being requested
would still be a residential use . He read from Section 12 ,
subdivisions 1 and 5 , Permitted Accessory Uses , and from
Customary Home Occupations .
Mr . King asked Mrs . MacIntire if she would want to have
permanent boarders .
Mrs . MacIntire responded that she would not want to do that .
Discussion followed between Mr . King and Mr . Hines regarding
whether it would be a Use or Area Variance .
Attorney Nash noted that at the previous meeting on this
matter there were provisions that were attached to the motion to
approve the variance and one of those was that there would be no
• exterior signs indicating that this is a Bed and Breakfast and
Mrs . MacIntire did indicate then and will do so now that she has
no problem with that condition being attached to any motion .
Town of Ithaca 7
Zoning Board of Appeals
December 12 , 1990
Mrs . Reuning noted that at the last meeting Mrs . MacIntire
stated that most of her business comes from past clients .
Town Attorney Barney asked Mrs . MacIntire if she advertises
in any listings .
Mrs . MacIntire said that she is a member of the " Bed and
Breakfast of Greater Ithaca " and she is on a listing there .
Discussion followed between Chairman Aron and Mrs . MacIntire
regarding the economic difficulty for the property .
MOTION .
By Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant a variance from the requirements
of Article IV , Section 11 , of the Town of Ithaca Zoning
Ordinance to permit the operation of a " Bed and Breakfast "
facility for up to a maximum of four boarders and/ or
lodgers , to be located in an existing single - family
residence at 217 Eastern Heights Drive , Town of Ithaca Tax
Parcel No . 6 - 57 - 1 - 8 . 126 , Residence District R- 15 , with the
following findings and conditions :
1 . That if the variance were not granted it would be an
unnecessary hardship on the applicant who owns and
occupies this residence with 4 bedrooms as a single -
family home with her elderly father and herself
residing in it .
2 . That the economic viability of maintaining the house is
in jeopardy without the granting of the variance , the
applicant having suffered the loss of one additional
income which was helping to maintain the property .
3 . That no more than four guests shall be accommodated at
any one time .
4 . That there shall be no regular boarders on the property
and no guest shall be accommodated more than ten
consecutive days .
5 . That there shall be no outside sign on the premises .
6 . That the premises will not be enlarged to accommodate
more people .
Town of Ithaca 8
Zoning Board of Appeals
December 12 , 1990
7 . That there shall be adequate off - street parking
provided for guests .
8 . That the building shall be inspected by Zoning Officer
Frost to insure that the Building Code requirements
have been met .
9 . That the variance shall be limited to a period of three
years at which time it would automatically expire ,
Mrs . Maclntire to have the opportunity to request a
continuance of the variance any time after two years .
10 . That the premises be operated as a traditional Bed and
Breakfast facility , not as a boarding house .
Chairman Aron asked for a Roll Call vote on the motion which
resulted as follows .
Aye - King
Aye -- Reuning
Aye - Austen
Aye - Aron
Nay - Hines
The motion carried .
The last Appeal on the Agenda was as follows :
APPEAL OF CALUM M . CARMICHAEL , APPELLANT , REQUESTING
SPECIAL APPROVAL , UNDER ARTICLE XII , SECTION 54 , OF THE
TOWN OF ITHACA ZONING ORDINANCE , OF THE PROPOSED
EXTENSION OF A NON-CONFORMING , SINGLE - FAMILY RESIDENCE
LOCATED AT 109 MCINTYRE PLACE , TOWN OF ITHACA TAX
PARCEL NO . 6 - 66 - 6 - 31 RESIDENCE DISTRICT R- 15 . THE
PROPOSED EXTENSION IS THE ADDITION OF A 12 - FOOT BY 13 -
FOOT ROOM TO THE SOUTH SIDE OF SAID RESIDENCE ,
CREATING A NEW SOUTH REAR PROPERTY LINE OF 7 FEET 6
INCHES . THE EXISTING RESIDENCE IS LOCATED 15 ( + OR - )
FEET FROM SAID SOUTH REAR PROPERTY LINE . A REAR YARD
SETBACK OF 30 FEET IS REQUIRED .
Mr . Calum M . Carmichael , appellant and John Golay , builder ,
appeared before the Board and explained the proposed
construction .
Chairman Aron asked Mr . Carmichael how many people are in
the family and why they need the extra room .
Town of Ithaca 9
Zoning Board of Appeals
December 12 , 1990
Mr . Carmichael responded that there are two persons in the
family . The present kitchen is unsuitable in terms of
convenience . The pipes that are now in the laundry room freeze
constantly so they have to come down in any event , therefore ,
they would like to do the new addition , which would be a kitchen ,
at this time .
Chairman Aron read letters into the record from Jim
Affolter , Director of Cornell Plantations , dated 12 / 3 / 90 ;
George E . Hascup , 115 McIntyre Place , dated 12 / 3 / 90 ; and Mark and
Judith Ashton , 105 McIntyre Place , dated 12 / 3 / 90 . The letters
are attached hereto as Exhibits # 6 , # 7 , and # 8 .
Chairman Aron opened the public hearing . No one appeared to
speak to the Board . Chairman Aron closed the public hearing .
Discussion followed regarding the setback of the rear yard .
MOTION
By Mr . Robert Hines , seconded by Mr . Edward Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant Special Approval to Calum M .
Carmichael for the extension of a non - conforming , single -
family residence located at 109 McIntyre Place , Town of
Ithaca Tax Parcel No . 6 - 66 - 6 - 3 , Residence District R- 15 ,
with the following findings and condition :
16 that the house was constructed in 1914 and is
architecturally deficient .
2e that the proposed construction will not alter the
character of the neighborhood .
3 * that no one appeared in opposition to the proposed
construction and letters were presented in support of
same .
49 that the construction is in conformance with Section
77 . 7 , paragraphs a - f .
5a that the construction shall be substantially as shown
on plans as presented to the Board , with no more than
6 " being the leeway for the construction .
Ayes - King , Hines , Austen , Reuning , Aron .
Nays - None .
The motion was carried unanimously .
Town of Ithaca 10
Zoning Board of Appeals
December 12 , 1990
Resolution of Appreciation
By Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
expresses its appreciation and thanks to Mr . Henry Aron for
his years of serving on the Board .
Carried Unanimously .
Chairman Aron stated that he leaves with good feelings for
the Board and the Town Attorney . He expressed his thanks to Mr .
Andy Frost for all his work and his support .
ADJOURNMENT
The meeting adjourned at 9 : 30 p . m .
Connie J . Hof6omb
Recording Secretary
APPROVED '
I
Henry Aron , Chairman
I Appendlx 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)
1 . APPLICANT /SPONSOR 2 . PROJECT NAME
mmo� G L >r N �' LL U 13 Rc it 191v rr '4'4;=w- .S
3. PROJECT LOCATION:
Municipality County M A,'
3 . PRECISE LOCATION (Street addicts and road intersections, prominent larximarks, sic., or provide map)
/ 3 a ? 4 dib a a Ip, z` TN 19C 04 r✓, }-: i AA f-s o
L%ol *'S7w* W •I.: qIZ L. 4FS7 ' HRuc/v rtitEGf(J- /vQVRG2D. JA., 7k 2Sc`c'7-1611
5 , IS PROPOSED ACTION.
El Now ❑ ExpansiondJSc - v ,9n :, 9Nc �
❑ ModNlcatlaNalteration c, ;,1 •7' , w v ,4 '"T -I y ,�/ a �% .3l'3 / 71.E
6 , DESCRIBE PROJECT BRIEFLY:
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xd .v R4 JPPr81LT .3 /,3 / 7 &
Y . AMOUNT OF LAND AFFECTED:
Initially 'f acres Ultimately acres
S . WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
uu Yes ONO If No, deecribe briefly 400 P & 2 S,O .v , a G U 1101 NA A✓ ea 4LF A A t ✓ ' V • i9
YAWS S � �= R Sp,=Gi � � P ��2n� I 't Tdw „r 0G .rTHRc ?
Zo : two AD , v r= R PP&= A ,t. S 413 / Yto
9 , WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
❑ Residential ❑ Industrial ❑ Commercial ® Agriculture ❑ ParklForesttOpen space ❑ Oteer
Deacrlbe nia i ry r L N 5 r ✓ .F/_ i!
•
/; 5 Y / Oi• ANT f:1c 2ERG� 95 r;%c2t 5 Tc • cr�ry a. i ,tic
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDiNG, •NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
Yes [3 NO If yes, list agent 0 and permIllapprovele
iR ,. P EWM it 7'G,.+ .,0 r, TH 19C-0- 4.0 .v . .va 190. APPrr�� 3 3/7+•
GF112ILA 1; pA&4� iGi3 >-1s :t/ =oR � �t/ 5 .= — ✓r9Rir3is�c; � • •
ti • DOES ANY ASPECT OF TME ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑ Yes ❑ NO If yes, list agency name and parmWapproval
S ,� tIR ti Ps' Rnt iT T?� w v r- T' r+ Hcit zoivirvG
Muir RI. - r � iR r+1 :�✓ � rH � tUsc — VRRl r? NC LF
12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
13 Yes No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE 18 TRUE TO THE BEST OF MY KMOWLEDGE
Appllcantlsponsa Hama Gi �rVn/ f f u L3 i= L L- Date:
Signature:
It the action Is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form batere proceeding with this assessment
® OVER
1
terapL AbSESSMENT (Tobe 00"1100d by the Town of Ithaca Use attachments as necessar )
, .
A . Does proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 . 12 or Town Environmental Local Law ?
YES NO If yes , coordinate the review process and use the Full EAF ,
B . Will proposed action receive coordinated review as provided for unlisted actions to 6 NYCRRPart 617 .6 ?
YES NO ( it no , a n ,egative declaration may be superseded by another involved agency , if any .)
C . Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legiblej �
C I . Existing air quality , surface or groundwater Quality , noise levels , existing traffic patterns , solid waste production
and disposal , potential for erosion , drainage or flooding problems ? Explain briefly ;
SEE ATTACHED
C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or
neighborhood character ? Explain briefly
SEE ATTACH
C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , wetlands ,
or threatened or endangered species ? Explain briefly ;
SEE ATTACHED j
C4 . The Town '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
SEE ATM=
i
C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Explain briefly
SEE ATTACH
C6 . Long term , short term , cumulative , or other effects not identified in Cl - C5 ? Explain briefly
SEE ATTACHM
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 be , controversy related to potential adverse environmental impacts ?
YES NO ® If yes , explain briefly
E . Comments of staff [R , CAC ❑ , Other ❑ attached . (Check applieablo boxes)
PART III — DETERMINATION OF SIGNIFiCANCE ( To be Completed by the Town of Ithaca )
Instructions : For each adverse effect identified above , determine whether it is substantial , large , important or otherwise
significant . Each effect should be assessed in connection with its (a) setting (iet urban or rural) ; (b) probability of
occurring ; (c) duration ; (d) irreversibility ; (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 .
Frnonts
this box if you have identified one or more potentially large or significant adverse impacts which MAY occur .
roceed directly to the full EAF and /or Prepare a positive declaration .
this box if you have determined , based on the information and analysis above and any supporting documentation ,
e proposed action WiLL NOT result in any significant adverse environmental im acts AND rov 'as necessary , the reasons supporting this determination ,IIIIIIIIIIIIIII
P provide on a #tach-
ZCTIING BOARD OF APPEALS
Nameof Load A4ency
HENRY ARF , CfiAIHMAIV Preparer ignature I di fe from Responsible Officer)
Name 4X J Me of Responsible Qfrice r in Lead Agency
Signature of Contributing Preparer
Si nature ofResponsible Of fit. m Lead A enc Date '
PART 11 — ENVIRONMENTAL ASSESSMENT
PROJECT : Request for Variance from Article V . Sections 18 rand 19 of Town of
Ithaca Zoning Ordinance : 1308 Mecklenberg Road
REVIEWER : George R . Frantz , Asst , Town Planner
DATE : November 7 , 1990
A . Does Action exceed any TYPE 1 threshold In 6 NYCRR , PART 617 . 12 ?
Yes NciAction is UNLISTED_X_
B . Will Action receive coordinated review as provided for UNLISTED Actions In
6 NYCRR , PART 617 .6 ?
Yes No. (_ Involved Agency( res ) :
C . Could Action result In any adverse effects associated with the following :
C I . cxlsting air quality , surface or groundwaterwa " 'Y or �uantlty , e: olse levers , existing
traffic patterns , solid waste production or disposal , notenr. , al for erosion , drainage or flooding
problems ? Explain briefly :
No significant adverse impacts anticipated . Proposed action is the grant of a variance from Article V ,
tiectrnns tS and 19 of the Town of Ithaca Zoning ordinance .to allow an existinq nonconforming use
within an existing structure to continue . No new construction or change in existing character of site
P
s proposed under this action .
C2 . Aesthetic , agricultural , archaeological , historic , or other natural resources ; or community
or neighborhood character ? Explain briefly :
No significant adverse impacts anticipated . No archaeological or historic resources are known to
exist on the site . No agricultural , aesthetic , or other natural resources are expected to be affected
by the proposed action . No significant adverse impacts to community or neighborhood character are
anticipated as a result of the proposed action .
C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or
other natural resources ? Explain briefly ,
No significant adverse impacts anticipated .
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 :
Grant of the variance as requested would be contrary to certain community goals and plans as
officially adopted . The subject parcel is located in an Agricultural District, which allows , among
other uses, single- and two-family homes , specific public and institutional uses , agricultural uses ,
offices of a resident doctor , dentist, musician , engineer , teacher , lawyer , architect, artist or
member of other recognized profession and quasi -profession , and customary home occupations
operated solely by a resident of the dwelling and subject to restrictions outlined in Article V , Section
19 , The surrounding land use is generally rural residential and open fields , brush , and woodland , and
no commercial development in the portion of the town where the subject parcel is located is proposed
or anticipated in any community plans and goals officially adopted by the Town of Ithaca . It must be
noted however that there is an existing nonconforming commercial use in the vicinity of the subject
parcel in the form of another antique retail business across the road .
CS . Growth , subsequent development , or related activities likely to be induced by the proposed
action ? Explain briefly :
Given the small scale of the use for which the proposed variance is requested , no significant adverse
impacts with respect to the above factors are anticipated .
C6 . long term , short term , cumulative , or other effects not identified in C 1 -CS ? Explain
briefly :
None anticipated .
U . Other impacts ( including changes in use of either quantity or type of energy )? Explain
briefly :
No significant adverse impacts anticipated .
D . Is there . or Is there likely to be , controversy related to potential adverse
environmental impacts ?
Yes No.(_ if Yes , expiain briefly
PART III — DETERMINATION OF S16NIFICANCE
® Because of the relatively small scale of the activity for which a variance is requested , a negative
determination of environmental significance is recommended .
George R . Frantz
Asst . Town Planner
'�z �
December rj
Town of Ithaca Zoning Board of Appeals
126 East Seneca St .
Ithaca , NY 14850
We wish once again to express our strong opposition to
Judith B . MacInt. ire ' s request for a zoning variar: ce that.
would allow her, t10) operate a " Bed and Breakfast ' r1• ,-; r,
residence at 217 EaStern Heights Drive . Aa rtw :lOz, r / t � =
of single - family rssidences in the Easter ;, Hei -
neighborhood , we feel that such a variance would be
detrimental for t ? : e 111owing reasr , rs
1 • We strongly want to maintain the character of oar
neighborhood which now consists of single - family
homes with a balanced mix of families with young
children as well as retired persons .
Ms . MacIntire " s proposed Bed and Breakfast could
bring as many as four permanent-
boarders into
her residence , thereby eliminating yet another
single - family home in the neighborhood .
2 . Such a property would also add traffic to an
already busy residential street anal bring
transients into the neighborhood , creating safety
concerns to our families ( particulars our
children ) and our properties . We note that Bed
and Breakfasts permitted in the Town are located
on major roads ( e . g . , Warren and Hanshaw Roads ) ,
not on residential streets such as Eastern HEfights
Drive .
3 . We are further concerned about the possible
deleterious effects to our property values , since .
many of the families purchasing homes in the
neighborhood do so because of the appeal of a
single - family / owner - occupied area .
4 . We consider a " Bed and Breakfast " establishment
to be a business , and we do not want a business
in our family - oriented neighborhood .
We sincerely hope that you will consider our objections to
Ms . MacIntire ' s request and deny her request, for a variance .
#- -z,
Roger A . Hubbs
Kathryn M . Hubbs
® 106 Skyvue Road
Ithaca , NY 14850
December 9 , 1990
Andrew S . Frost
Building Inspector / Zoning Enforcement Officer
Town of Ithaca
Ithaca , NY 14850
Subject : Zoning Board Public Hearing 12 / 12 / 90 , Second Appeal of
Judith MacIntire , Ralph W . Nash , Esq . , Agent
Dear Mr . Frost ;
We , the undersigned residents and homeowners of Eastern Heights
Subdivision , are opposed to this appeal for a variance in Article
IV , Section 11 , of the Town Zoning Ordinance . We feel Eastern
Heights is a family neighborhood , and that requests for commercial
use of subdivision property should be firmly denied .
We believe that if approved , this request would increase traffic
and unfamili.ar persons in a neighborhood where small children
play . We also feel this variance would set a precedent for
additional requests in the future , which will have a negative
impact on property values .
The Article being appealed was created for good reasons to
preserve the family character of our residential areas . That we
must spend valuable time personally resisting these requests seems
to suggest that our Town ' s zoning procedures are in need of
revision . That we must do this a second time after this appeal was
denied just two months ago , suggests something is seriously amiss !
An explanation accompanying the redundant hearing notice would
have been in order .
Sincerely
Roger A . Hubbs
64�
® Kathryn M . Hubbs
1190
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229 SNYDER HILLROAD fTHACA , NEW YORK 14850
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is CORNELL
PLANTATIONS
. ,
ONE PLANTATIONS ROAD
ITHACA , N . Y . 14850- 2799
607 - 255 - 3020
DATE . December 3 , 1990
TO : Town of Ithaca
FROM : Jim Affolte,Dir or , Cornell Plantations
SUBJECT . Proposed construction at 109 McIntyre Place
I have studied the plans for the proposed kitchen addition to the
rear of the Carmichael residence at 109 McIntyre Place and have
inspected the site with several members of the Plantations staff .
We have no objections to the proposed construction .
•
1Y
HASCUP • LORENZINI
A R C H I T E C T S 607 . 277 . 7385
202 TAUGHANNOCK BLVD. , ITHACA, N. Y. 14850 6 0 7 0 2 7 2 . 7 8 2 8
December 3 , 1990
Zoning Board
Town of Ithaca
New York
RE : 109 McIntyre Place , Ithaca , NY
Property of Calum Carmichael
To Whom It May Concern :
I have seen the Architectural Plans for the
renovation of the kitchen to the dwelling
located at 109 McIntyre Place .
As the owner of the adjacent property , 115
McIntyre Place , I approve and support this
® project .
Soncerely ,
George E . Hascup
I
P
105 McIntyre Place
Ithaca, NY 14850
3 Dece ,ber 1990
Town of Ithaca
109 E . Green Street
Ithaca, NY 14850
Re : Proposed addition to 109 McIntyre Place by the Carmichaels
To the Town of Ithaca:
We , as next-door neighbors to the Carmichael family, have no objections to the
proposed construction at the rear of their house .
Yours truly ,
Mark and udith Ashton
AFFIDAVIT OF PUBLICA TION
THE ITHACA JOURNAL
State of New York , Tompkins County , ss . : TOWN OF ITHACA ZONING home.
BOARD OF APPEALS NOTICE APPEAL of Colum M. Carmi-
Gail Sullins OF PUBLIC HEARINGS WED. , chael.. - Appellant, requesting
being duly sworn , deposes and DEC. 12, 1990, 7P. M. Special Approval, . under Arti- '
By direction of the Chairman c e XII, Section 54, of the
of the Zoning Board of Ap- Town of Ithaca Zoning Ordi-.
says , that she/ he resides in Ithaca , county and state, aforesaid and that peals NOTICE IS HEREBY nonce, of the proposed exten-
Clerk GIVEN that Public Hearings sion of a non-conforming, sin
she/he is will be held by the Zoning gle-family residence located
Board of Appeals of the Town at 109 McIntyre Place, Town of
of The Ithaca Journal a public newspaper rinted and published In of Ithaca on Wednesday, De- Ithaca Tax Parcel No. 6-66-6.3,
PP P cember 12, 1990, in Town Residence District R-15. The
Hall , 126 East Seneca, Street, propdsed extension is the ad-
Ithaca aforesaid , and that a notice , of which the annexed is a true (FIRST . Floor, REAR Entrance, dition of a 12-foot by 13-foot
WEST Side ), Ithaca, . N. Y. , room to the' south side of said
COPY , was published in said paper COMMENCING AT 7:00 P. M. , residence, creating a new
on the following matters. south rear- property line of 7
ADJOURNED APPEAL from feet 6. inches. The existing res- .,
P rti \C � November 14, 1990) of Glenn idence is located 15 plus/mi-'
w. .
F. Hubbell , Owner/Appellant, nus feet from said south rear
requesting variance o the re- property line. A rear yard set-
quirements of Article V, . Sec- back of 30 feet is required.
tions 18 and 19, of the Town of Said Zoning Board of Appeals
Ithaca Zoning Ordinance, for will at said time, 7:00 M. 8
the operation of on antiques and said place, hear all per-
and second hand goods shop sons in support of such matters
in on Agricultural ' District at or objections thereto.Tow Persons
end that the first publication of said notice was on the Mecklenburg Road , may appear by agent or in
P � Town of Ithaca Tax Parcel No. person.
6-27- 1 - 14. 1 , (Residence Dis- Andrew S. Frost
day of � C LM�O > IC� �� trict ' R-30 regulations apply ). Building Inspector/
Said Ordinance does not per- Zoning Enforcement Officer ,
mit antique and second hand Town of Ithaca
businesses in a residential dis- 273"1747
trio. December 7, 1990
APPEAL of Judith B. Moclntire,
/ Appellant, Ralph W. Nosh,
( D Esq. , Agent, requesting vari-
Subs ibed and sworn to before me , this day ante of the requirements of
Article IV, Section 11 , of the .
of I9 Town of Ithaca Zoning Oban
nance, to ermit the operation
of a 'Bed and Breoktost" fo-
cility for up to a maximum of
four boarders and/or lodgers,
proposed to be located in an
existing single-family resi-
t dente at 217 Eastern Heights
JEAN FORD Notary Public . Drive, Town of Ithaca Tax Par.
cel No. 6-57- 1 -8. 126, Resi -
dence District R- 15. Said Ordi-
Notary Public, State of New York nance permits only one
No. 4654410 boarder in a single-family
Qualified in Tompkins 31u19��
Commission expires May
J � �