HomeMy WebLinkAboutZBA Minutes 1996-06-26 TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS FINAL
• WEDNESDAY , JUNE 26 , 1996
7 : 00 P . M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN
that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca
on Wednesday , June 26 , 1996 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR
Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters :
APPEAL of Ithaca College , Appellant , Bruce Hatch , Agent , requesting a Special Approval
under Article IV , Section 11 , Paragraph 3 of the Town of Ithaca Zoning Ordinance , to be
permitted to locate a 66 ' x 84 ' modular building for a period of two years at Ithaca
College , 953 Danby Road , Town of Ithaca Tax Parcel No . 41 - 1 - 30 . 2 , Residence District R-
15 . Said structure , located by Dillingham Center , will be utilized for two classrooms .
APPEAL of J . M . Blakely , Appellant , requesting authorization from the Zoning Board of
Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be
permitted to replace an existing garage with a new larger structure on a nonconforming
lot located at 332 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3- 5 , Residence
District R- 15 . The parcel of land is non conforming with regard to lot width , lot
area , and front yard setback . A variance from the requirements of Article IV , Section
14 is also being requested , as the proposed garage will have a west side yard building
• setback of 9 ' ( 10 ' required ) .
APPEAL of EcoVillage Co-housing Cooperative , Appellant , Elizabeth Walker , Agent
requesting a variance from the requirements of Town of Ithaca Local Law V . as amended ,
" Requiring Sprinkler Systems to be installed in buildings , " to be permitted to
construct a " common house " without a sprinkler system installation , at 1323 Mecklenburg
Road , Town of Ithaca Tax Parcel No . 28- 1 - 26 . 2 , Special Land Use District #8 . Said
common house will serve as an area of assembly for cooperative members and their
guests .
APPEAL of Alfred Eddy , Appellant , Stephen Eddy , Agent , requesting a variance from the
requirements of Article V . Section 18 , Paragraph 7 of the Town of Ithaca Zoning
Ordinance , to maintain a wholesale and retail produce business at 827 Elmira Road , Town
of Ithaca Tax Parcel No . 35 - 1 - 10 . 1 , Residence District R- 30 . Said ordinance limits
such a use to a roadside stand or other structure for the display and sale of farm
products incidental to farming and as a seasonal convenience to the owners of the land .
Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear
all persons in support of such matters or objections thereto . Persons may appear by
agent or in person . Individuals with visual or hearing impairments or other special
needs , as appropriate , will be provided with assistance , as necessary , upon request .
Persons desiring assistance must make such a request not less than 48 hours prior to
the time of the public hearing .
Andrew S . Frost
Building Inspector/ Zoning Enforcement
• Officer
273- 1783
Dateds June 19 , 1996
Publish * June 21 , 1996
•
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Dani L . Holford , being duly sworn , depose and say that I am the Town of
Ithaca Building and Zoning Department Secretary , Tompkins County , New York ; that the
following notice has been duly posted on the sign board of the Town of Ithaca and
that said notice has been duly published in the local newspaper , The Ithaca Journal .
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in
Town Hall , 126 East Seneca Street , Ithaca , New York on Wednesday , June 26 , 1996 ,
commencing at 7 : 00 P . M. , as per attached .
• Location of sign board used for posting : Bulletin board , front entrance of Town
Hall .
Date of posting : June 19 , 1996
Date of publication : June 21 , 1996
O
Dani L . Holford , Building and Zoning
Department Secretary , Town of Ithaca
STATE OF NEW YORK ) SS . :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 21st day of June , 1996 .
zEftti�v 9. � �
No"Ple.
Public
BETTY F. POOLE
NOTARY PUBLIC
STATE OF NEW YORK
# 4646 427
FILE®
TOWN OF ITHACA ZONING BOARD OF APPEALS `SOWN of ITEACA
FIN ArL NOTICE OF PUBLIC HEARINGS ®ateaq
WEDNESDAY. JUNE 26. 1996 m
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The following appeals were heard by the Zoning Board of Appeals of June 26 , 1996 :
APPEAL of Ithaca College , Appellant , Bruce Hatch , Agent , requesting a Special Approval under Article
IV, Section 11 , Paragraph 3 of the Town of Ithaca Zoning Ordinance , to be permitted to locate a 66' x
84' modular budding for a period of two years at Ithaca College , 953 Danby Road , Town of Ithaca Tax
Parcel No . 41 - 1 -30 . 2 , Residence District R- 15 . Said structure , located by Dillingham Center, will be
utilized for two classrooms ..
GRANTED
APPEAL of J . M . Blakely , Appellant , requesting authorization from the Zoning Board of Appeals under
Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to replace an existing
garage with a new larger structure on a nonconforming lot located at 332 Forest Home Drive , Town of
Ithaca Tax Parcel No . 66-3-5 , Residence District R- 15 . The parcel of land is non conforming with
regard to lot width , lot area , and front yard setback. A variance from the requirements of Article IV,
Section 14 is also being requested , as the proposed garage will have a west side yard building setback
of 9' ( 10' required) .
• GRANTEDWITH CONDITIONS
APPEAL of EcoVillage Co-housing Cooperative , Appellant , Elizabeth Walker, Agent requesting a
variance from the requirements of Town of Ithaca Local Law #7 , as amended , " Requiring Sprinkler
Systems to be installed in buildings , " to be permitted to construct a "common house" without a sprinkler
system installation, at 1323 Mecklenburg Road , Town of Ithaca Tax Parcel No . 28= 1 - 26 . 2 , Special Land
Use District #8 . Said common house will serve as an area of assembly for cooperative members and
their guests .
ADJOURNED TO JULY 10 , 1996
APPEAL of Atfred Eddy, Appellant , Stephen Eddy, Agent , requesting a variance from the requirements
of Article V, Section 18 , Paragraph 7 of the Town of Ithaca Zoning Ordinance , to maintain a wholesale
and retail produce business at 827 Elmira Road , Town of Ithaca Tax Parcel No . 35- 1 - 10 . 1 , Residence
District R-30. Said ordinance limits such a use to a roadside stand or other structure for the display and
sale of farm products incidental to farming and as a seasonal convenience to the owners of the land .
GRANTED WITH A CONDITION
•
FILED
TOWN OfnnITHACA
Date�1P
•
FINAL TOWN OF /THACA Clerk Q(Ay �ORcx�
ZONING BOARD OF APPEALS
JUNE 26, 1996
PRESENT. Chairman David Stotz, Harry Ellsworth , Pete Scala , Ronald Krantz, Andrew
Frost, Director of Building and Zoning , JoAnn Cornish , Planner, John Barney,
Attorney for the Town .
OTHERS. Nanette Blakely, Bruce Hatch , Maria Gasser, Jerry Weisburd , Claudia
Weisburd , Pamela Carson , Steven Gaarder, Jay Jacobson, John Bokaer-Smith ,
Jen Bokaer-Smith, Bill Webber, Jared Jones , Liz Walker, Joan Bokaer, Karen
Smith , Arthur Goodin , Martha Armstrong , Sarah Pines , Yvonne LaMontagne ,
Aaron Pines, Daniel Pines , Sandy Wold , Doug Shire, Mary Webber, Stephen
Eddy, Gail Eddy , Gary Thomas.
Chairman Stotz called the meeting to order at 7 : 07 p . m . , stating that all posting , publication
and notification of the public hearings had been completed and the same were in order.
Chairman Stotz introduced Ronald Krantz as a new member of the Zoning Board of Appeals .
The first appeal to be heard by the board was as follows :
APPEAL of Ithaca College, Appellant, Bruce Hatch, Agent, requesting a Special
Approval under Article IV, Section 11, Paragraph 3 of the Town of Ithaca Zoning
Ordinance, to be permitted to locate a 66 ' x 84 ' modular building for a period of
two years at Ithaca College, 953 Danby Road, Town of Ithaca Tax Parcel No. 41=
140.2, Residence District R- 15. Said structure, located by Dillingham Center,
will be utilized for two classrooms.
Bruce Hatch said Ithaca College rents space from the Axiohm , which was the former NCR
property across the street from Ithaca College. Mr. Hatch said what Ithaca College would like to do
is to install a temporary modular structure for two classrooms for the Department of Physical
Therapy. Mr. Hatch said due to a change in tenants , a manufacturing operation will be going in at
the Axiohm , and Ithaca College will not be able to co-occupy the building without some extensive
costs associated with fire separation and the means of egress . Mr. Hatch said it would be more
economically feasible to hold the modular space (66 feet by 84 feet) , which would be two large
classrooms that would serve as laboratories for the physical therapy. Mr. Hatch said this would be
a temporary measure until such time for Ithaca College to further develop space for a new building
for the Department of Health Science and Human Performance that they will bring to the Zoning
Board of Appeals and the Planning Board for approvals in the future . Mr. Hatch said the space is
a relatively flat space, and this would consist of six 14 feet by 66 feet units that would be pulled and
connected together on site. Mr. Hatch said the structure would be handicapped accessible and
constructed in accordance with all the New York State and the Town of Ithaca Codes .
•
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 2
JUNE 26, 1996
Mr. Frost said this proposal went before the Planning Board on June 4 , 1996 , and there is
a copy of the draft of the proposed resolution in each board member' s packet, which was adopted
by the Planning Board .
Chairman Stotz said that there is also a memo in each member' s packet from Planner Geri
Tierney stating that the foundation will consist of concrete columns enclosed by skirting around the
building's perimeter, and the site grading will not be necessary. Chairman Stotz said five trees will
be removed and planted elsewhere on Ithaca College Campus . Chairman Stotz said this proposal
would not be seen from the entrance into Ithaca College. Chairman Stotz said that the space would
be restored back to the current setting after the structures are removed .
Ms. Cornish said that the space would be restored because these buildings are just temporary
structures. Mr. Hatch said the site currently has a grass surface and the five ornamental trees that
will be relocated will be restored after the buildings are removed .
Chairman Stotz said there is report from the Planning Board of June 4, 1996. Chairman Stotz
said the Planning Board has reviewed and accepted as adequate the Application for Development
Review submitted by the applicant. Chairman Stotz said the resolution states as follows, "that the
• Town of Ithaca Planning Board waives certain requirements for Preliminary and Final Site Plan
Approval , and that the Planning Board hereby grants Preliminary and Final Site Plan Approval for
the proposed site. " Chairman Stotz said that the Planning Board has also made a recommendation
to the Zoning Board of Appeals as follows: 1 ) . That there is a need for the proposed use; 2) . That
the existing and probable future character of the neighborhood will not be adversely affected ; 3) .
That the specific proposed change in land use a result of the proposed project is in accordance with
a comprehensive plan of development for the Town of Ithaca . Chairman Stotz said therefore , the
Planning Board recommends that the Zoning Board of Appeals should approve the Special Approval
with the approved conditions upon the Special Approval for a two year period expiring at the end
of June 1998 . Chairman Stotz said there is a letter from the Tompkins County Department of
Planning indicating that there is not any impact on intercommunity, County, or State interests.
Mr. Scala asked Mr. Hatch if these structures were portable aluminum structures like what
is used for contractors for temporary housing . Mr. Hatch said that these structures are more of an
affirmable construction which would have texture 111 , that would be stained a light brown color to
match the brick to Smiddy building , which is located right behind this site .
Mr. Scala asked Mr. Hatch if these structures are new or used buildings. Mr. Hatch said they
are brand new constructed buildings to meet the classroom and restroom facilities that are required .
Mr. Scala asked Mr. Hatch if Ithaca College would be moving the structures in with a truck
• and installing them on concrete pads. Mr. Hatch said that there would be pads with concrete blocks
on top of the pads, and then the buildings will be anchored to the ground and bolted together at that
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 3
JUNE 26, 1996
point. Mr. Scala asked Mr. Hatch if there would be appropriate landscaping . Mr. Hatch said
that there was a landscaping plan that was submitted , and that this site would be landscaped in
accordance with the rest of Ithaca College .
Chairman Stotz asked Mr. Hatch if he knew how many students would be accommodating the
classrooms. Mr. Hatch said if both classes were held simultaneously, that there would be just under
80 students at that point. Mr. Hatch said there are labs that require large tables for the physical
therapy that would fill up a lot of the space .
Mr. Scala asked Mr. Hatch if there would be any parking for the students because there is
an access road . Mr. Hatch said there is a parking area at the edge of the existing parking lot.
Mr. Ellsworth asked Mr. Hatch if it would be the same amount of traffic that already exists .
Mr. Hatch said from a traffic standpoint, there would be no increase in traffic, but one of the benefits
of this proposal would be that pedestrians will not be crossing Route 96B by the entrance of Ithaca
College .
Chairman Stotz asked Mr. Hatch if the mobile structure would comply with the Fire Codes .
• Mr. Hatch said he is expecting the drawings any day, and Mr. Frost will be supplied with the
drawings for review. Mr. Hatch said that he was assured by the manufacturing factory that these
structures are manufactured with accordance to the codes.
Chairman Stotz opened the public hearing. With no one present to speak, the public hearing
was closed .
M TI N
By Mr. Harry Ellsworth , seconded by Mr. Pete Scala :
RESOLVED, in the regard of the appeal of Ithaca College requesting the Special
Approval under Article IV, Section 11 , Paragraph 3 of the Town of Ithaca Zoning
Ordinance , to be permitted to locate one 66 feet by 84 feet modular building for a
limited period of two years to the end of June 1998. This structure will be located as
shown on the site plan which is near Dillingham Center and the structure would fit in
with the surrounding structures in the area .
A vote on the motion resulted as follows:
AYES - Stotz, Ellsworth , Scala , Krantz.
• NAYS - None.
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 4
JUNE 26, 1996
The motion was carried unanimously.
The second appeal to be heard was the following :
APPEAL of J.M. Blakely, Appellant, requesting authorization from the Zoning
Board of Appeals under Article Xll, Section 54 of the Town of Ithaca Zoning
Ordinance, to be permitted to replace an existing garage with a new larger
structure on a nonconforming lot located at 332 Forest Home Drive, Town of
Ithaca Tax Parcel No. 66=3-5, Residence District R- 15. The parcel of land is non
confonning with regard to lot width, lot area, and front yard setback. A variance
from the requirements of Article IV, Section 14 is also being requested, as the
proposed garage will have a west side yard building setback of 9 feet (10 feet
required).
Jack Blakely of 332 Forest Home Drive, said the request as stated , is to replace the existing
garage with a larger garage. Mr. Blakely said the new garage would have covered access from the
house. Mr. Blakely said the reason for doing the construction at this time is because he is going to
have some construction done on the other side of the house , and it would make sense to do the
• construction at the same time . Mr. Blakely said the violation of the zoning rules is that the current
garage comes within 11 . 9 feet, and the new structure would come within 8 . 6 feet of the lot line.
Mr. Blakely said he is asking to move closer to the lot line by that amount.
Mr. Scala asked Mr. Blakely if this proposal is the same as he proposed the last time, except
it is corrected to the lot line. Mr. Blakely responded , no, that this proposal is for other side of the
house. Mr. Blakely said the variance that the zoning board granted last time was for the northeast
side of the house, and this proposal is for the northwest side of the house .
Mr. Frost asked Mr. Blakely if the new garage would be 9 foot as stated on the application .
Mr. Blakely responded , 8 . 6 feet, and that he has the final architect's plan for review.
Mr. Frost asked Mr. Blakely if these measurements include the roof overhang or the side wall .
Mr. Blakely responded , the side wall , that does not include the overhang .
Mr. Frost said overhangs are exempt up two foot from the side wall . Mr. Blakely said the new
structure would not be any closer to the north end of the boundary, which is Fall Creek,
Chairman Stotz asked Mr. Blakely if it is maintained at 33 feet for the back lot. Mr. Blakely
said that was correct because there would not be any difference in the back.
• Chairman Stotz asked Mr. Blakely if the new structures would be sided architecturally to look
like the house . Mr. Blakely said the structures would be finished in cedar shaks.
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 5
JUNE 26, 1996
Mr. Scala asked Mr. Blakely if it would be possible for equipment to get to the back of the
house for electrical or whatever emergency is needed . Mr. Blakely said that there would be a space
of 8 . 6 feet there, and it would not fit a truck through there .
Mr. Scala asked Mr. Blakely if there was a wall there on the lot line or is it an open space to
the other ten feet. Mr. Blakely said there is a fence and then it would be approximately 10 feet to
the Pendleton garage .
Chairman Stotz asked Mr. Blakely if there would be 19 feet between the garages, 10 feet on
the Pendleton side and 9 feet on his side . Mr. Blakely said that was correct .
Mr. Scala asked Mr. Blakely if the variance would be for 8 . 6 feet, not 9 feet. Mr. Blakely said
that was correct.
Chairman Stotz asked Mr. Blakely if the driveway access would be slightly off. Mr. Blakely
said that the driveway would be widened slightly.
• Chairman Stotz asked Mr. Blakely if he would be taking down part of the stone wall . Mr.
Blakely responded , no , that would not be changing .
Mr. Scala asked Mr. Blakely if this new structure has been built yet. Mr. Blakely responded ,
no.
Chairman Stotz asked Mr. Blakely if he has built the other part he had proposed a few months
ago. Mr. Blakely responded , no. Mr. Blakely said the reason he is doing this now, is that it makes
sense to demolish the existing garage, so he could get a truck in to dig the foundation holes for the
other addition .
Chairman Stotz opened the public hearing. With no one present to speak, the public hearing
was closed .
ENVIRONMENTAL ASSESSMENT
Chairman Stotz said there were no significant impacts in terms of air quality, water quality,
noise levels, traffic patterns, solid waste production or disposal . Chairman Stotz said there are no
adverse impacts in terms of agricultural , archeological , historic, natural or cultural resources .
Chairman Stotz said there is no impact in terms of vegetation such as fish , shellfish , or wildlife
species. Chairman Stotz said the planning staff recommendation for a negative determination of
• environmental significance provided that there be no further development on this parcel without
careful consideration and review.
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 6
JUNE 26, 1996
Ms. Cornish said there is not a whole lot more Mr. Blakely could build on this parcel , but this
would certainly be a good addition . Ms. Cornish said what Mr. Blakely has done so far looks very
nice . Ms . Cornish said the small addition that is currently there is shingled and it fits in with the
house perfectly. Ms. Cornish said she does not see a problem with this structure, but she does not
think that there is much more Mr. Blakely could build on the lot.
MOTION
By Mr. Pete Scala , seconded by Mr. Harry Ellsworth :
RESOLVED, that the board make a negative determination of environmental
significance for the property of Jack Blakely at 332 Forest Home Drive , with the
respect to the second addition of and a replacement of a garage .
A vote on the motion resulted as follows :
AYES - Stotz, Ellsworth , Scala , Krantz.
NAYS - None .
• The motion was carried unanimously.
Y
Chairman Stotz said in each board member' s packet is a letter from Richard and Ann
Pendleton (Mr. Blakely's next door neighbor) , who does not object to the proposed project and urges
approval of it. Attorney Barney said that was for the other side of the house . Chairman Stotz said
Mr. Pendleton wrote " We do not object to the construction of a replacement garage that would be
within 9 feet of our lot line" . Attorney Barney said that is an added line, but the other part of the
letter was related to the other project. Mr. Blakely said that was correct, but Mr. Pendleton amended
it.
Attorney Barney asked Mr. Blakely if he was going to be 8. 65 feet instead of 9 feet. Mr.
Blakely said the architects drawings show 8. 65 feet to the lot line. Mr. Scala asked if he could round
it out to 8. 5 feet. Mr. Blakely said that would be fine with him .
Attorney Barney asked Mr. Blakely if the surveyors were able to locate the lot lines with pins.
Mr. Blakely responded, yes, the lot lines have been marked . Mr. Blakely said the architect took the
actual number from the survey map by measuring from the existing structure and then measuring
from the new structure from the existing structure . Mr. Blakely said if the zoning board grants a
variance for 8 feet that would be within. Mr. Scala told Mr. Blakely if he measures it from the existing
house and built, and then it turns out to be closer than allowed , then there would be a problem . Mr.
• Scala said there needs to be some allowance here for a true measure .
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 7
JUNE 26, 1996
Attorney Barney said that he does not want Mr. Blakely to move his building over just because
the board is giving him a latitude . Mr. Scala responded , for the record , that there has been some
people that had to take footings out because they were six inches off. Attorney Barney said if the
board grants the variances , that they should be careful on what people are asking for, and when it
is being built they should be very careful . Mr. Blakely said the distance that is on the architect plans
is 8.65 feet, so if the board grants a variance for 8 feet, that would be acceptable. Mr. Scala said
that would be correct.
Attorney Barney said the neighbor only said within 9 feet in his letter, not 8 feet. Attorney
Barney asked Mr. Blakely if the neighbors would object if he moves it a foot closer. Mr. Blakely
responded , no .
Mr. Ellsworth asked Attorney Barney if he was still bothered that this started at 9 feet and now
it is down to 8 feet. Attorney Barney responded , no , that it is this board' s decision . Mr. Scala said
the requirement is 8 . 65 feet and the board would be rounding it out to 8 feet.
MOTION
• By Mr. Harry Ellsworth , seconded by Mr. Pete Scala :
RESOLVED, that this board grant a special approval for the property at 332 Forest
Home Drive from Article V, Section 14 of the Town of Ithaca Zoning Ordinance to
permit the owner, Jack Blakely, to remove an existing garage and install a new garage
which will be no closer than 8 feet to the west lot line with the following findings and
conditions: 1 ). The said garage needs to blend in architecturally with the house, and
that it be built in accordance with the sketch entitled " Proposed Structure" that was
submitted with the appeal ; 2 ) . The the benefit of the proposed construction to the
applicant outweighs any detriment to the adjoining landowners ; 3) . That the proposal
complies with Articles XIV, Paragraph 7 , Sub-paragraphs a-h .
A vote on the motion resulted as follows :
AYES - Stotz, Ellsworth , Scala , Krantz.
NAYS - None.
The motion was carried unanimously.
The third appeal to be heard was the following :
• APPEAL of EcoVillage Co-housing Cooperative, Appellant, Elizabeth Walker,
Agent requesting a variance from the requirements of Town of Ithaca Local Law
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 8
JUNE 26, 1996
#7, as amended, "Requiring Sprinkler Systems to be installed in buildings, " to
be permitted to construct a "common house " without a sprinkler system
installation, at 1323 Mecklenburg Road, Town of Ithaca Tax Parcel No. 284-26. 2,
Special Land Use District #8. Said common house will serve as an area of
assembly for cooperative members and their guests.
Elizabeth Walker of 117 East York Street, a member of the EcoVillage Co-housing
Cooperative and soon to be a homeowner in the cooperative, and said the EcoVillage residents are
involved in building a co-housing project, and the whole idea behind the project is to create a sense
of neighborliness and for a small town feel . Ms. Walker said EcoVillage residents want to get know
the neighbors well and interact with them . Ms . Walker said as the people, who bought the land ,
designed the neighborhood, and who have paid all the cost , that they have designed their houses
to be a little bit smaller than the average house to use the extra money to build a community center
such as the "Common House" . Ms. Walker said there would be 30 housing units that are arranged
around a pedestrian street, and the common house would be located at the end for everyone' s
convenience. Ms. Walker said the one acre pond is located next to the common house. Ms . Walker
said the common house was initially designed to be an extension of their living area . Ms. Walker
said the common house would be a place where people could go and read a book quietly in the
• library or sitting area . Ms . Walker said there would be a play space for the children with toys , and
a sound proof teen room. Ms. Walker said there would be a dining room where people could share
meals together , and there would be a study space for people who want it. Ms . Walker said the
common house is really the heart of the community, and it is why they designed this neighborhood
the way they did and she is looking forward to living there. Ms . Walker said it is important to them
that this common house would be a safe and healthy environment, and they know the New York
State Code does not require a building of this sort to be sprinklered . Ms . Walker said the residents
of EcoVillage feel that to put in sprinklers would pose great practical difficulties to them . Ms. Walker
said this would serve as a severe financial hardship for the people in their group , and they do not
feel that it is necessary.
Steve Gaarder of Durfey Hill Road , and part of the cooperative as a developer and a future
homeowner in the project, said that sprinklers use water, and use a lot of water at high pressure far
more than the pumps they have to supply the neighborhood with water would provide. Mr. Gaarder
said this would be a diesel powered pump that sits in its own building that would need to be tested
once a week, which it would take more fuel to test the pump than heat one of the houses . Mr.
Gaarder said even that would not do it, because when the engineers looked at the situation they
determined that there was not enough water in the main. Mr. Gaarder said that they could hook the
pump up, but that it would not do much good because it would suck the main dry . Mr. Gaarder said
this leaves us with a reservoir, which should hold about 10 , 000 gallons or so with a tank the size
of a room which would be a lot of water for it to draw from . Mr. Gaarder said then on top of that,
• they would need to design the building to accommodate this reservoir to put into the sprinklers . Mr.
Gaarder said the whole thing adds up to a very large, additional cost on top of the building , which
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 9
JUNE 26, 1996
for an outfit such as EcoVillage that does not have deep pockets it, would be a real obstacle .
Pamela Carson of 520 North Tioga Street , said that she has been involved with the
development of EcoVillage since the first meeting five years ago . Ms. Carson said from the
beginning , affordability has been a really important part of their mission . Ms . Carson said at the
beginning , there has been a number of people who joined them and worked on the project who had
to drop out because the economical reality hit.
Ms . Carson said that EcoVillage is at that point again . Ms. Carson said EcoVillage has far
exceeded the starting budget of the estimated budget for the lowest houses , which many of them
are making great sacrifices to highly mortgage what they already have. Ms . Carson said that they
are overly collateralized , and this is something that could push a number of people over the edge.
Ms. Carson said she would like to give a few examples of who EcoVillage residents are and how
this affects everyone. Ms . Carson said there is a young couple in the group that are farmers , that
have really struggled to come up with a down payment for the smallest house possibly, and at the
beginning and as it progress, it was estimated that the smallest house will be no more than $85 , 000
which included their portion of the infrastructure and the common house . Ms . Carson said at
$85 , 000 , they just qualified for mortgage , which was right on the edge . Ms . Carson said they are
now up to $90 , 000 which is without these additional costs , and their participation is in jeopardy if
there is a further assessment of this size, and it would be a shame to loose farmers who are the core
of their project and their mission because they made it unaffordable for the farmers .
Ms. Carson said there is a single father in his thirties who is a business owner. Ms . Carson
said he was with EcoVillage in the beginning , but had to drop out a few years ago because his
finances did not allow it. Ms . Carson said he was able come back to the group about a year ago .
Ms. Carson said he can now afford the down payment, but he is afraid in any increases and also the
carrying cost because as EcoVillage borrows more it will cost more each month . Ms. Carson said
that he has taken no options on any changes in his house , where a change order for EcoVillage
costs $75. 00 each plus the prices of the option . Ms . Carson said that a number of them are very
tempting and some of them are very necessary to them . Ms. Carson said this gentleman has said
$75.00 means too much for him, and how could he afford an assessment that could run into the high
hundreds or the thousands .
Ms. Carson said there are two woman in their forties with their own families , who have just
completed school . Ms . Carson said that both women have just completed schooling for the health
care field. Ms. Carson said that both women are struggling to pay back their school bills , and they
were also right on the line of whether they could join the community or not. Ms . Carson said it would
be a while before their new profession will get them up and running in a somewhat comfortable
place , but this could further jeopardize them . Ms. Carson said she could go on case after case .
Ms . Carson said that there is a family that has lived in a trailer for more than 20 years , and
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said he did make it a sprinkler building , and EcoVillage is asking for a variance to make it an
unsprinklered building .
Mr. Ellsworth asked what is the latest State building code for the reason of change, because
this place is for assembly. Mr. Frost said among other things , for example , if they had occupancy
of 100 people in the area for assembly, that would be labeled for an all purpose room , and it would
be required to have sprinklers. Mr. Frost said based on the square footage and the tables that
calculate the maximum occupancy would be under 100 people in the multi purpose room , so
sprinklers would not be required . Mr. Frost said draft curving is a requirement, but it is there to
mitigate the fact that the kitchen is open to the assembly area of the multi purpose room . Mr. Frost
said the sprinkler system would not be required under some of the particulars that are part of this
project, with one of those being less than 100 people of occupancy.
Mr. Scala asked if there could be any restrictions that could be put on this variance to allow
this building to be unsprinkled . Mr. Frost said the State code would not require it to have a sprinkler
system , but the local ordinance, as an assembly hall , would require this new building to have a
sprinkler design .
Mr. Scala asked if there were less than 100 people in the building, that the building would not
need to be sprinkled . Attorney Barney said if there was more than 100 people in the building , the
State Code would require this building have a sprinkler system . Attorney Barney said if there was
less than 100 people, the State Code would not require it, but the local ordinance requires any area
in assembly regardless of number.
Mr. Scala said the estimated cost was $365 , 000. Mr. Scala asked Mr. Weisburd if that was
his estimate. Mr. Weisburd said that was correct.
Mr. Scala asked Mr. Weisburd if the estimate was based on a no sprinkler system . Mr.
Weisburd said that was correct.
Mr. Scala asked Mr. Weisburd why he did that, because if he designed it to be sprinklered ,
then he should have estimated it . Mr. Weisburd said he gave both estimates for the building ,
sprinklered and unsprinklered .
Mr. Scala asked Mr. Weisburd what would be the added cost. Mr. Weisburd said he believes
it would be between $30, 000 to $60 , 000 depending on the particulars .
Mr. Scala said the letter that was submitted to the Zoning Department comes to more than
that. Mr. Weisburd said it could depend on the different levels of sprinkler systems . Mr. Weisburd
said if EcoVillage gets into fire pumps and the reservoir it could be more than that.
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JUNE 2619 1996
the Zoning Board of Appeals .
Chairman Stotz asked Mr. Weisburd what the plans were of increasing the volume of
pressure. Mr. Weisburd said eventually, there would be water mains on the site , but that the Town
had been planning to improve the water supply on West Hill in general . Mr. Weisburd said the Town
Engineer said that there should be a report on recommendations for improving the water pressure ,
but the entire West Hill is not well served with Town water at this point. Mr. Weisburd said for
anything else to happen , the whole district would need to be improved .
Mr. Frost said he had to agree that West Hill does not have the best water supply. Mr. Frost
said the proposed Saddlewood Project if approved , has suggested that they would create some
prudence in supply. Attorney Barney said the Saddlewood Project is moving forward , but there is
a lot that needs to be done . Attorney Barney said part of that project is improvement of the water
and pressure grid for throughout that area .
Mr. Scala said that this board had to contend with the problem of hardship versus sprinkler
requirements before . Mr. Scala said that the sprinkler system is a safety requirement established
by the best judgement of the powers to be. Mr. Scala said the sprinkler system should have been
• budgeted in the beginning as a requirement. Mr. Scala said that it has happened before they came
in with the lowest bid in order to achieve progress , but it is a serious facility. Mr. Scala said if this
was a commercial operation and they were leasing the building , that there would be no questions
that they would want it sprinklered. Mr. Scala said what the board should ask for is a more complete
description of the system , so they could come up with a real cost.
Chairman Stotz asked Mr. Scala how is knowing the exact cost of the sprinkler system going
to help him measure the hardship . Mr. Scala said if it turns out that they could do the system for
$30, 000, maybe they could swing it.
Chairman Stotz said the measure of hardship could be a self-imposed hardship because they
really do not have to live at EcoVillage, because the people are making the choice on their own .
Chairman Stotz said that the building is not built yet, so the sprinkler system does not need to be
retrofitted .
Attorney Barney said that in the past, this board has granted variances where there is no
public water available. There has been circumstances where this board has required less than the
full magic number of pumps for gallons per hour on a head where there is an expectation to maintain
the level that would be required for a reservoir but the providing of public water was fairly laminate ,
and that would take care of some of the pressure problems .
• Jen Bokaer-Smith of 120 East York Street said in the terms of whether EcoVillage budgeted
it earlier or not, she and her husband would not be part of the group, so in a way it has been
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JUNE 26, 1996
beneficial to them . Ms . Bokaer-Smith said it has allowed them to keep cost as low as possible , it
has allowed them to remain in the group , and if costs go up they would be one of the people Ms .
Carson was talking about. Ms. Bokaer-Smith said if costs do go up they will no longer qualify for
a mortgage. Ms. Bokaer-Smith said in terms of whether or not that is a self-imposed hardship , she
and her husband farm the land at EcoVillage where he runs a truck farm there. Ms . Bokaer-Smith
said her husband makes his entire living there, and she works with him part time . Ms. Bokaer-Smith
said that is within the comprehensive plan for the Town to have that piece of land in West Hill as
agricultural . Ms . Bokaer-Smith said if they cannot live there, the land would not be farmed for a
while. Ms. Bokaer-Smith said it would be in the Town's best interest to figure out how to keep the
farmers as part of the group , and the only way that would happen at this point, is to keep cost
absolutely down . Ms. Bokaer-Smith said her husband and her have been saving their money and
working hard to afford the down payment, and if the cost goes up they would not be able to make
it.
Mary Webber of 424 East Seneca Street, said the issue is the nature of the building when
she hears people talking about it as a commercial building . Ms. Webber said if someone built a
5, 000 square foot house, and they occasionally gave benefit parties in their home with 100 people
in it, they would not be required to have a sprinkler system . Ms. Webber said this is not a concept
• that has been done here before, and so therefore, it is new. Ms . Webber said the common house
would be an extension of their living room , and it would not be commercial space . Ms. Webber said
by consolidating some of the services that is needed , they are trying to do things in a different way.
Ms. Webber said to compare this building with a commercial building , when it is just families coming
and going from space that is just an extension of their home , it really puts it in a different
classification .
Mr. Scala asked if the common house would be used by people to eat in , cook in , and
partially live in . Ms. Webber said no one would be living in the common house . Ms . Webber said
they would be doing their laundry there , eat dinner there, and the children can play there.
Mr. Scala asked if they could do these in their homes also. Ms. Webber said that they could
do it their homes because they have full kitchens and bathrooms , but they do not have laundries .
Mr. Scala asked if the residents could move into the community without having a common
house . Ms . Webber said then it would not be co-housing . Ms . Webber said that the residents
designed very, very small homes because it depends on the other space that these other amenities
are in .
Mr. Scala said it is needed and part of the plan . Ms . Webber stated that was correct.
• Mr. Frost asked what is the square footage of each home. Ms. Webber said they are
approximately 900 to 1 , 500 square feet.
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Chairman Stotz asked if there would be any kind of day care at the common house . Ms .
Webber responded , no , that there would be child care space . Ms . Webber said what we will do
would probably be cooperative with them , but they would need to make major changes if they ever
wanted to do a formal day care .
Chairman Stotz asked if the children' s room will just be a place where children could go and
play or hangout. Ms . Webber responded , yes , and the statistics for most co-housing communities
are that only about half of the community eats in the common house at any one time.
Chairman Stotz asked how many would that be . Ms . Webber said that the total population
of the community would be approximately 87 people ( including children) in the 30 households.
Chairman Stotz asked if the community would get bigger in the future. Ms. Webber said that
she would not be sure of that , but at this point it would not be getting any bigger than 87 people.
Mr. Frost asked if there would be any day care provisions in the children's room . Ms . Webber
said that everyone would be watching each other' s children in the common house. Mr. Frost asked
if there would be any other adults taking care of the children while their parents are away. Ms .
• Webber said people will have small houses and there would be no place for the children to play, so
the children could play at the common house.
Mr. Scala said he thought the proposal said that there would be a day care in the common
house . Ms. Webber said no. Ms. Webber said the children ' s room is right across the dining hall ,
so parents could keep an eye on them while they are eating .
Mr. Frost asked if five years from now, if there was about 15 children under the age of five,
would there be any plans for a day care then . Ms . Webber said that would probably be the next
neighborhood .
Mr. Frost asked if there would be events where there would be guests occupying the common
house, would approach occupants totalling 100 people or more, or an event where the multipurpose
room will have guests as well as residents approaching 100 or more occupants . Ms . Webber said
that everyone could have guests , but that it would be a family at a time .
Chairman Stotz asked if the area for the craft room would have some storage for flammable
substances . Ms . Webber said in this community, there will not be any volatile materials . Ms .
Webber said this is an environmental community that would not have any paint thinner, and they
would not have it inside the building .
• Chairman Stotz asked what the teen room would be for. Ms. Webber said that teenagers
need a place to hangout away from their parents. Ms. Webber said it would be their space, and they
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would make of it what they want.
Chairman Stotz asked if the private studies would be used for people that just want to get
away. Ms . Webber responded , yes .
Mr. Scala asked Attorney Barney if it would be feasible that the sprinkler system could be
installed with piping and valves, but unconnected pending the availability of water. Attorney Barney
said that was a question he was going to ask Mr. Weisburd . Attorney Barney asked Mr. Weisburd
if the $20, 000 to $30, 000 figure is based on , if he were to just install the pipes and heads , but no
pumps or reservoir to connect to the current system . Mr. Weisburd said it is more complicated than
a residential system because every concealed space has to have sprinklers , and that means the
attic space , which is unheated , would need to have sprinklers. Mr. Weisburd said the attic space
would have to have to have dry sprinklers because they cannot hold water when the house is
activated , so it would need to have a remote system involving water flow into those spaces when
they are activated . Mr. Weisburd said this would be considerably more expensive than what is
allowed for residential sprinklers .
Attorney Barney asked Mr. Weisburd if he was just talking about the attic or the general
• system . Mr. Weisburd responded , no , the whole system is more expensive than a residential
sprinkler system per square foot.
Mr. Scala asked Mr. Weisburd if the system could be done for $30, 000 . Mr. Weisburd
responded , yes, if it was not connected to anything .
Attorney Barney said the $50, 000 to $60, 000 sprinkler system included a reservoir and
associated pumps. Mr. Scala said it would be illegal to have the common house without a sprinkler
system . Mr. Scala asked Mr. Weisburd what would be the lowest cost he could install for the
system . Mr. Weisburd said he was not sure , and he thought that the residents made a very good
case that the building would be safe .
Attorney Barney said the Town ' s ordinance covers a whole bunch of things that people
consider are safe . Attorney Barney said for example , storage buildings are required to be
sprinklered . He said there were three purposes to adopting the sprinkler law ten years ago .
Attorney Barney said he would not address the first two , but the third one was the concern of the
Town ' s cost of fire fighting was getting out of sight, and they did not require retrofitting in these .
What the hope was when a new building came on line that they would be sprinklered . Attorney
Barney said that would act really as an appellant to the development of any kind of a major fire.
Attorney Barney said he was dubious about the whole thing until the firemen came with a truck and
demonstrated it. Attorney Barney said Mr. Frost and I stood inside a room with a fire and started
• to sweat, but the sprinkler went off and the fire was out. Attorney Barney said that is one of the
major reasons it is not only life safety, but also the protection of property. Attorney Barney said a
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JUNE 26, 1996
lot of buildings could be made safe such as a dance hall , but under the ordinance it is required to
have a sprinkler system .
Attorney Barney said that anybody that is building a building in the Town of Ithaca has a cost
factor. Attorney Barney said that would be a problem that there is no question that sprinklers cost
money, but the thought was that the cost at the time the building was built, is far less than going
back and redoing it. Attorney Barney said that these people are having a cost concern , but that
would be a concern of anybody that comes in to build in the Town of Ithaca . Attorney Barney said
the question is, is there a way the Town could address at least some minimal protection . Attorney
Barney said he recognizes the reservoir and so forth are expensive. Attorney Barney said what he
would like to hear, in terms of making any comments to the board , is truly what is the cost of just the
sprinkler heads , piping , and so forth , that could be put in and installed now. Attorney Barney said
it would be quite a bit cheaper and quite a bit more easier to install , than once the building is up and
constructed instead of going back in to consider some sort of retro phase. Attorney Barney said that
he suggests a design of a system that maybe less, because the nature of what the residents would
want to do with it, might be a residential type of system opposed to a full scale commercial system .
Mr. Ellsworth said that they need to follow the building code . Mr. Frost said the code does
• not require the system , so this board for example in the past, has allowed systems that provide a
sprinkler system , but that might not be of standard .
Chairman Stotz asked if it would be possible to sprinkler certain areas of the building . Mr.
Frost said that the code has a bunch of different types of equations where stairways or a
multipurpose room might be sprinklered in small areas. Mr. Frost said there would be different
scenarios based on height, storage , square footage , and etc. , so code in fact does set forth
standards that would have limited areas .
Attorney Barney asked Mr. Weisburd what would it take to get specific dollars for this
proposal . Mr. Weisburd said that they know they are in the $25, 000 range if it was a commercial
system . Mr. Weisburd said Mr. Frost is saying that the State code does not require it for this
building and because the local code does not have specifics . . .
Attorney Barney said EcoVillage will install with accordance with the standards , but the
scenario that he is visioning here is that EcoVillage is coming in here asking for a variance to
eliminate it all together. Attorney Barney said the alternative variance would be not to eliminate it
all together, but to install less than what normally would be required in a commercial system , that
would be some considerable amount less. Mr. Weisburd said if this was a commercial system
without any of the pumps and reservoir that the cost would be in the $25 , 000 neighborhood . Mr.
Weisburd said he believes if the same building were allowed to have a residential system also
• without pumps and reservoir it would probably cost half of that or less.
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JUNE 26, 1996
Mr. Ellsworth said that there would be other possibilities by running the mains for the system's
main assembly area, and then leave stubs for other areas to be done in the future which could be
sized .
Mr. Scala said that he believes if the sprinkler system had been included in the same way he
included the plumbing and electrical , that the design might have been affected differently by the
sprinkler system cost and suitability. Mr. Scala said it seems that they would need a drawing , just
as there is a drawing for the plumbing and electrical , for the sprinkler system , and in turn , that leads
to the proper estimated cost to see what the minimum is that they could get away with to meet the
requirements and to be safe . Mr. Scala said he would like to suggest something , on the first page
in the letter to the zoning board , on the bottom of the page, which states "The cost of providing a
reliable sprinkler system under these circumstances is prohibited . " Mr. Scala said he would suggest
that they change that, that the cost of not providing a reliable sprinkler system is prohibited because
the cost would be enormous in law suits down the road . Mr. Weisburd said with all fairness, many
buildings with public assembly are not sprinklered , we are standing in one. Mr. Weisburd said that
a lot of people have not said that this is not safe and that the Town faces many law suits because
it is not a sprinklered building . Mr. Weisburd said at the same time , he has not heard people talk
about how unsafe it was . Mr. Weisburd said that a very good case was made in terms of how the
• common house is different than a commercial building , and how there is only one-quarter of the
distance to exit that is required on the State code for an unsprinklered building . Mr. Weisburd said
that the resident's homes are small , so that they could have one big house, and if it was one big
house instead of a common house then it would not be required to have any sprinklers at all . Mr.
Weisburd said that he understands the ordinance , but he thinks that this is a safe situation even if
it is not sprinklered . Mr. Weisburd said there would be people in the common house all the time ,
and there would be a sensor in every single space including fire extinguishers and a pond for the
pumper to hook up to . Mr. Weisburd said it is unfair to compare the common house to a large
assembly hall , and say that they have a situation here which really requires sprinklers for safety.
Mr. Weisburd said that they were asking this board that common sense would be used rather than
arbitrarily staying with the ordinance which says anything other than a single family house has to
have sprinklers. Mr. Weisburd said the code is what it is, but they were hoping that the board would
see that they would have a safe situation .
Mr. Frost said he would like to add, a statistic from a conference he went to, that in 1994 , 500
people died in fires with fire extinguishers in their hands . Mr. Frost said that there is a lot of debate
among people in the fire service that there is nothing magical about the fire extinguishers, and in fact
people could die with those in their hands. Mr. Frost said in some cases fire departments would
rather not see them, and have people just exit the building rather than messing around with the fire
extinguishers. Mr. Frost said he does not disagree with everything that is being said , but that he just
wanted to clarify that there is nothing special about fire extinguishers.
• Chairman Stotz asked Mr. Weisburd if he would know how much it would cost to install a
• TOWN OF ITHACA
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,LUNE 26, 1996
sprinkler system everywhere except the private studies and the attic for commercial standards . Mr.
Weisburd said it would be approximately $ 15 , 000 without hooking it up to pumps or anything .
Mr. Frost asked Mr. Weisburd if the commercial figures were based on steel pipe or plastic
pipes . Mr. Weisburd said steel . Mr. Frost said he believes that people could use PVC . Mr.
Ellsworth said that there is some pros and cons of PVC , but copper could be used too.
Mr. Scala said that this appeal should be made with the added information with respect to the
minimal requirements for a sprinkler system in the common house. Mr. Scala said that Mr. Weisburd
may or may not change the design to bring the price down , with the objective of meeting the legal
requirements , meeting the minimal safety requirements at minimal cost, and recognizing the
possibility that some people get squeezed out , but he does not know that this board has any other
options. Mr. Scala said that this board cannot change the law for the requirements , except that they
meet those requirements and that the law is satisfied . Chairman Stotz said that this board could
make an exception , because that is why they are here.
Chairman Stotz opened the public hearing to anyone that is not associated with EcoVillage
such as neighbors or anyone in the community, and asked if anyone would like to speak. With no
one present to speak, the public hearing was closed .
Sara Pines of Frontenac Road and a member of EcoVillage, said she recognized Mr.
Ellsworth' s concerns about opening up what is known as a "deep well" , and not knowing where it
will go so other people will be coming screaming through the door. Ms . Pines said there are not a
lot of EcoVillages being built, and there are not a lot of common houses being built. Ms . Pines said
this is probably one in ten in the whole United States. Ms. Pines said this is a very unique situation ,
and that the common house is an extension of her living room . Ms . Pines said she has never lived
in such a tiny house as she would be living in at EcoVillage. Ms. Pines said she cannot have a
washer or dryer because it would be in the common house . Ms. Pines said the common house
would be the extension of the laundry room . Ms. Pines said she would not have a study in her
house, so the common house would be the extension for her study. Ms . Pines said her kitchen is
minuscule , so if she wants to cook or do something , she would have to go to the common house
because it would be the extension of her kitchen. Ms . Pines said if someone comes to visit her and
they have children , then they would go to the common house because there would not be enough
space in her house for them. Ms. Pines said she would like to ask this board, with much experience ,
to consider that this is not a public space. Ms . Pines said no one could walk in the common house
unless they are invited . Ms . Pines said this is an extension of her house, and given the measures
that have been taken to secure her safety, which Mr. Jacobson spoke about, that she feels
comfortable that she could not be safer anywhere than in the common house .
• Ms. Pines said that it is a very unique place , a very new concept, and hopefully people will
follow their model , that is one of the reasons she joined EcoVillage . Ms . Pines said she did not join
• TOWN OF ITHACA
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EcoVillage to live in a small house with a common house. Ms . Pines said she joined EcoVillage
because she believes that this is a very healthy way to live in every sense of the word , and it is an
excellent model to follow for substantial living for the future of their children and their grandchildren .
Ms. Pines said if this is happening to them over the last five years with costs continually rising and
surprises coming in , so what do they say to other people who are trying to live in a way that
enhances the growth of healthy cities and healthy towns. Ms. Pines said they would be saying to
them , " Hey folks , if you want to build something unique, you will pay through your nose. You will
be going through five years of problems and you are not going be able to do it, and 25% of the
people will have to drop out within five years because a new expense has been added . " Ms . Pines
said EcoVillage does not want to lose those 25% to 30% of people who cannot afford the extra $500,
but mostly she begs this board to look at two points that have been made over and over again . Ms .
Pines said this is not a public place and it is an extension of their homes .
Ms. Pines said it is a new concept, which is very scary and very frightening to many people
to think of something totally different. Ms . Pines said it is very unique in America . Ms. Pines said
in Denmark, there are 160 of these now, and they do not have sprinkler systems because they could
not afford them . Ms. Pines said if the members of EcoVillage had to have a sprinkler system , most
of the members would not be able to afford it even at $ 12 , 000 to $ 15 , 000 . Ms . Pines said there are
• a lot of young couples , a lot of senior citizens , and there are a lot of people who are lower middle
class economically. Ms. Pines said that $500, which may be added , would drop a lot of people out.
Ms . Pines said they have been working hard for the past five years under the concept that the
common house would be an extension of their living room . Ms . Pines said if people think of the
common house as something new and maybe give a little bit, the State does not require it. Ms .
Pines said this is very unique to the City or the Town ordinance, and she begs this board to consider
this proposal .
Chairman Stotz said there seems to be a number of alternatives that could be looked at.
Chairman Stotz said one would be to table this appeal pending more cost of data . Mr. Ellsworth
said they should have a professional estimate .
Chairman Stotz said the second one would be a complete commercial system with pumps and
everything that goes along with the sprinkler system . Chairman Stotz said the third would be a
complete commercial system that would not be hooked up . Chairman Stotz said the fourth one
would be a partial system that would be covering just some of the areas .
Mr. Ellsworth asked if there are Town laws and ordinances that the planning groups have not
included in their plans , such as the highways and different things that have been in the ordinance
for a long time. Attorney Barney said he has looked at the location and the waiver on a lot of stuff,
and there has been an awful lot of effort of the Town to make this as affordable as possible.
• Attorney Barney said the sprinklers are there as an ordinance that the Town had passed about ten
years ago , and it is not a new thing . Attorney Barney said whether there is waiver driven and
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whether it is visible to do or not is , up to this board , but the Town is not bringing something new to
the EcoVillage members now.
Chairman Stotz said he just went through some quick calculations on the $ 15, 000 additional
cost , it would indeed be $500 per household . Chairman Stotz asked if that was the money that
becomes part of the collective mortgage everyone would have to pay into every month to pay the
common house mortgage. Mr. Weisburd said the common house would not have a mortgage of it' s
own , so it would get rolled into the house prices .
Chairman Stotz said what the members of EcoVillage are talking about, on a 20-year
mortgage for putting in a minimal sprinkler system at $ 15 , 000, would be an additional mortgage
assessment of $5. 00 or $6. 00 per month per household .
Mr. Scala said he would think that would be the information that would come out on an
adequate set of drawings and estimates , and that they would be able to establish an affordable
amount . Mr. Weisburd said he thinks if this board would allow the residents to put in a sprinkler
system to residential standards in the dining room , children' s room , and the sitting room , without a
reservoir and without an additional pump, but by hooking up to the existing water supply it would be
• better. Mr. Weisburd said he thinks that even though it would be a regrettable impact, but it would
be greatly minimal compared to what could be if it was a full commercial with all the pumps . Mr.
Weisburd said he would think something would be more manageable than the other suggestions .
Mr. Weisburd said engineering work does cost a lot of money, especially if there are many different
variables in terms of plugging into the equation and having people study it, because it also involves
studying the water flow down the main and many different aspects to it.
Mr. Ellsworth said in other words , Mr. Weisburd should come back with a compromised
proposal . Mr. Weisburd said this is a compromised proposal .
Mr. Scala said the point is, that Mr. Weisburd has to have the plans technically corrected , and
it has to be discussed with the zoning officer before they come back for an appeal again . Mr.
Weisburd said the engineer' s standards, are that the sprinkler' s should be hooked up in the dining
room, children's room , and the sitting room . Mr. Weisburd said these drawings should be submitted
to the building officer for his satisfaction , it would not be necessary to come back to the board again .
Mr. Scala said he would suggest another drawing that includes the sprinkler system , and the
sprinkler system be whatever compromise EcoVillage may arrive at between the professionals and
the building office. Mr. Weisburd said that this proposal would entail doing a drawing , but not
coming back to the board .
• Chairman Stotz said that Mr. Weisburd should add the mechanical room and the kitchen for
sprinklers . Mr. Weisburd responded , yes .
• TOWN OF ITHACA
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JUNE 261 1996
Mr. Frost said in regard to conversations that he and Mr. Weisburd have had in terms of the
handicap accessibility and other issues, that it would be an idea for sprinklers to be installed in the
stairways as an issue of a bargaining point, so that there may be some benefit there.
Chairman Stotz asked Mr. Weisburd what the difference would be between commercial and
residential systems for covering the multipurpose room , kitchen , children' s room , hallways , craft
room , and the mechanical room . Chairman Stotz further asked if Mr. Weisburd could provide the
board with a cost estimate and a specification for a commercial system and residential system for
those areas , and would he be able to do that without encoring a lot of additional costs . Mr.
Weisburd responded , no, that he is not qualified to do it because it would take an engineer to do
that .
Chairman Stotz said he is very sympathetic to what the EcoVillage residents are saying in
terms of cost, their lifestyles, and what they hope to get out of this community , but on the other hand ,
he is equally concerned about the fact that there is an ordinance whether anyone likes it or not, it
does exist. Chairman Stotz said if there were ever an incident where there is a fire and someone
is hurt or killed because this Town and this board neglected to mandate the common house to have
a sprinkler system , it would not be the right thing to do . Chairman Stotz said that his feelings are
• perhaps the full-blown system or full-blown commercial system , would clearly be a severe financial
hardship for all the participants, but something less than that where we are talking about an equal
cost of $5 . 00 to $ 10. 00 per month per mortgage for 20 years, that would be an unusual financial
hardship for some people , but worth it for safety.
Mr. Scala said that he had listened to the presentations of EcoVillage residents, and that he
thinks it is very admirable, it is past due, and this board will be seeing more of them . Mr. Scala said
unfortunately, there are many engineering features that they are paying for that are not visible as
the sprinkler heads . Mr. Scala said that he could go on and on with respect to building
requirements. Mr. Scala said people do not see the break down of different things because they are
built into the cost of the building , and this happens to be the one that was not covered because it
was not included in the original drawings , but that it cannot be ignored. Mr. Weisburd said he had
originally told the group of residents that the common house would require a sprinkler system under
the Town of Ithaca ordinance. Mr. Weisburd said the residents felt that the building was safe and
that a variance could be applied for, and they understood that applying for a variance carries the risk
that the board would not be sympathetic. Mr. Weisburd said that the residents did not ignore the
sprinkler system .
Mr. Scala said the only thing that is lacking now are the real numbers . Mr. Weisburd said the
only problem is that EcoVillage residents do not have a system . Mr. Weisburd said if the residents
were allowed a residential system , then he could work up real numbers, but to go through and do
• real numbers for all the different senerios at $75 . 00 per hour for an engineer is also a lot of money.
• TOWN OF ITHACA
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JUNE 26, 1996
Mr. Scala said that Mr. Weisburd could work out the minimal requirements with Mr. Frost, and
EcoVillage could appeal again by keeping it to a minimum as compared to trying to exclude the
system .
Chairman Stotz said the idea of not having the sprinkler system is not a viable alternative, but
a compromise might be available. Chairman Stotz said to reach the compromise , it might be best
for a representative from EcoVillage to speak in technical terms with Mr. Frost to try and come up
with something, and then come to another board meeting for further consideration . Chairman Stotz
asked Mr. Weisburd if that would be a possibility, and what is EcoVillage' s time frame for breaking
ground. Mr. Frost said that there are other building code issues that are unresolved , so they would
need to be straightened out first.
Chairman Stotz said a compromise is certainly something that could be discussed , whether
it is a commercial system or a residential system , and that it covers certain critical areas in the
common house and be adequate to put a fire out.
Attorney Barney said an engineer would not need to lay this out very much . Attorney Barney
said the engineers do these things per head , per foot, and a ball park estimate. Attorney Barney
• said they would not be looking for someone to come in with a design with a complete system .
Attorney Barney said see what will happen if the whole building was done in residential standards
or what will it do in commercial standards without the pumps , and then what the difference would
be to do certain limited areas. Attorney Barney said that would be a way to see what is feasible for
the residents , and that this board would try to work with them .
Mr. Weisburd said that what he heard earlier was where is the engineer's work, where are
the stamps, and where are the calculations, so that is very different than going to source books and
saying that these are generic square foot costs that the industry uses for estimating . Mr. Scala said
that the residents could go to Sears to get this stuff. Mr. Scala said that he recommends that the
appeal be tabled and resubmitted . Mr. Scala said they should get the sense of what the board is
looking, where it is allowing them to progress within legal limits , and that this appeal be post-poned .
Attorney Barney said that Mr. Weisburd had a legitimate question on what level of
specification this board is looking for. Attorney Barney asked if EcoVillage residents would be
allowed to use generic specifications and generic numbers out of a source book, or does this board
want engineers specifications. Mr. Scala responded , no . Mr. Scala asked the final acceptance of
this design is up to whom . Attorney Barney said it would be up to an engineer.
Mr. Scala asked Mr. Weisburd if he understands what this board is asking him to have for the
next meeting. Attorney Barney said that it is up to this board to determine the grammar of what he
• would want to require from the engineer. Attorney Barney said that Mr. Weisburd needs to get the
information for the parameters this board is asking for.
• TOWN OF ITHACA
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JUNE 26, 1996
Mr. Scala said that he would like the information on what the specific cost would be and to
tell this board what rooms the sprinkler system would be covering in the sketch .
Chairman Stotz said he could give four different senerios , at generic costs. Mr. Weisburd
asked if the residents should not assume any promise in the reservoir, because that is the part that
is very hard to calculate. Mr. Frost said he does not know why the pond cannot be equalized for
the reservoir. Mr. Ellsworth said that would be the source for the water right there . Mr. Weisburd
said the system would still need a pump. Chairman Stotz asked if the board would like to concur
with the following four senerios: 1 ) . Commercial system without the hook up and without the
necessary pumps that covers the entire building ; 2 ) . A residential system that covers the entire
building without the hook up and pumps ; 3) . A commercial system that would cover every area
except the private studies , the music room , the teen room , the laundry room , and the mechanical
room ; and 4 ) . A residential system that covers every area except the private studies , the music
room , the teen room , the laundry room , and the mechanism room . Chairman Stotz said the
residential system with specified rooms would probably be the cheapest alternative , but all without
the necessity to hook up pumps for the water supply . Chairman Stotz asked if this was acceptable
to the board . All the board members were an agreement.
• Chairman Stotz said if Mr. Weisburd could work with Mr. Frost and arrange to come to this
board for the next meeting , so this board could review the progress. Mr. Frost said that July 10 ,
1996 , is pretty full .
Ms. Bokaer-Smith said in terms of the time schedule on this appeal , that the residents do not
have their final house prices until they get the common house price . Ms . Bokaer-Smith said that her
and her husband' s house will be ready to move into at the beginning of October, but they still
needed to apply for the mortgage officially because they do not know the total cost of everything yet.
Ms . Bokaer-Smith said the sooner they know the outcome of this appeal , the better position
everyone would be in . Chairman Stotz asked if August would be a good time . Ms . Bokaer-Smith
said that would be really late.
Mr. Weisburd said that getting the data would not be a problem to get together for this board ,
but it is a question about getting on the agenda . Mr. Frost said he would see what he could do for
the meeting on July 10, 1996 .
MOTI N
By Mr. Pete Scala , seconded by Mr. Ronald Krantz:
RESOLVED , that this board table the request for appeal for a variance by the
• EcoVillage Co-housing Cooperative , requesting the variance for the sprinkler system
required by the Town of Ithaca Local Law #7 , and that this board adjourns this appeal
• TOWN OF ITHACA
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JUNE 2609 1996
assuming , the information would be available to the earliest available date the Zoning
Enforcement Officer could arrive at, hopefully July 10, 1996 .
A vote on the motion resulted as follows :
AYES - Stotz, Ellsworth , Scala , Krantz.
NAYS - None .
The motion was carried unanimously .
The last appeal to be heard was the following :
APPEAL of Alfred Eddy, Appellant, Stephen Eddy, Agent, requesting a variance
from the requirements of Article V, Section 18, Paragraph 7 of the Town of Ithaca
Zoning Ordinance, to maintain a wholesale and retail produce business at 827
Elmira Road, Town of Ithaca Tax Parcel No. 354- 10. 1, Residence District R-30.
Said ordinance limits such a use to a roadside stand or other structure for the
display and sale of farm products incidental to farming and as a seasonal
• convenience to the owners of the land.
Stephen Eddy of 16 East Enfield Center Road, said the Eddy family runs wholesale and retail
produce business . Mr. Eddy said they raise their own crops plus they sell other crops . Mr. Eddy
said they deliver produce to different restaurants and different stores . Mr. Eddy said they have a
retail business , and in the past they had a variance to sell soda pop in the 1980' s . Mr. Eddy said
they would like to build an office at their business . Mr. Eddy said under a R-30 zone, the Eddy' s
hands are tied because there is not much they could do there besides selling retail produce . Mr.
Eddy said the way the business is right now, they would not be able to get a building permit. Mr.
Eddy said they would like to build on the back of the produce stand to grade produce they raise and
have more room to work. Mr. Eddy said they could not get a building permit, so they came to this
board .
Mr. Scala asked Mr. Eddy if their intentions were to add onto the building to increase the
number of items they market. Mr. Eddy responded , no .
Mr. Frost said the Eddy' s have from time to time over the last few years , asked for building
permits , which have been denied on the basis that, in the zoning and building department the
operation of Eddydale is no longer within what the zoning ordinance requires . Mr. Frost said the
zoning ordinance specifies that Eddydale is a roadside stand that is operated as a seasonal
convenience to the farmer. Mr. Frost said he feels the operation of Eddydale fairly exceeds the
• intent of the ordinance , and therefore, the property is in violation . ( Mr. Frost referred to his memo
of May 31 , 1996 to the Zoning Board of Appeals Members . ) Mr. Frost said the zoning department
• TOWN OF ITHACA
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JUNE 26, 1996
has denied a building permit because they cannot issue a building permit when a property is in
violation of the ordinance .
Chairman Stotz asked Mr. Eddy if he would be adding an extension of the building and an
office. Mr. Eddy said that was correct.
Chairman Stotz asked Mr. Eddy if he could explain what the expansion in the business will
consist of, and further asked if he knows where the customers are coming from with this expansion .
Mr. Eddy said the business is there and most of the book work is being done at home . Mr. Eddy
said his mother does the book work at her residence, and they would like to get away from that. Mr.
Eddy said he would like his wife to do more of the book work and have it away from his residence .
Mr. Eddy said the business has grown in ways , and the retail has not grown in a way, because it
stays stable with the competition with Wegmans and Tops . Mr. Eddy said that there is not a good
place to grade the produce when a load comes in from the field . Mr. Eddy said they have been
trying to grade in the greenhouse, but that is not a good place to do that with the dirt floor. Mr. Eddy
said the addition would get them inside out of the weather while they are grading . Mr. Eddy said
with the expansion , they do not figure on getting more customers , they just want to be more
organized. Mr. Eddy said they have a cooler that should be 40 degrees, and there are several items
• in the cooler that could be kept out back. Mr. Eddy said if they insulated the grading room out back,
that would be able to keep the temperature down to 60 degrees. Mr. Eddy said that they could keep
a lot of items in the back cooler such as potatoes , and not keep them packed in the 40-degree
cooler. Mr. Eddy said that they spend a lot of time organizing , so they would have enough room in
their coolers . Mr. Eddy said they are trying to get organized and be within the law.
Mr. Frost said the issue is not so much the expansion which might be minimal as much as the
fact that they have a retail wholesale business in an area that is only residential . Mr. Frost said
Eddydale is a year round operation and it does distribute to area restaurants. Mr. Frost said there
are a couple of choices , which is to consider rezoning or consider a use variance . Mr. Frost said
in 1983 , at a zoning board meeting (copies of minutes attached in each members packet) , where
the board allowed some expansion when they permitted products to be sold that are not typically
grown on the farm .
Mr. Krantz said there is a recommendation from the Agricultural Committee , which states that
50% of the agricultural products purchased and sold by Eddydale Farms can originate from areas
outside 13 states immediately surrounding New York. Mr. Krantz said he does not know if Tops or
Wegmans does that. Mr. Krantz said with 13 states and the Eddy' s could still have 50% from
beyond the 13 states , so that would not be a roadside stand .
Mr. Scala asked Mr. Eddy what is the other produce stand that is near him . Mr. Eddy said
• that would be Early Bird. Mr. Frost said that they are going out of business. Mr. Eddy said that he
is not sure of what they are doing . Mr. Eddy said Early Bird has flowers , and the flowers are over
• TOWN OF ITHACA
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JUNE 26, 1996
so their son would take over with sweet corn .
Mr. Scala asked Mr. Eddy if Early Bird is north of Bob Miller, Mr. Eddy said it would be .
Chairman Stotz asked Mr. Eddy if they operate in the winter time. Mr. Eddy responded , yes .
Chairman Stotz asked Mr. Eddy where do they get their produce from in the winter time . Mr. Eddy
said a lot of it comes from Philadelphia , but they store their own potatoes in the cooler all winter.
Chairman Stotz asked Mr. Eddy where does the produce come from in the winter months . Mr. Eddy
said it comes from a lot of different places. Mr. Eddy said there are a lot of winter New York and
Pennsylvania items like onions, potatoes , carrots, and stable items . Mr. Eddy said the fruit comes
from California, Florida , and some other countries . Chairman Stotz said that the Eddy' s are a year
round operation . Mr. Eddy said that is correct.
Mr. Scala asked Mr. Eddy if he has any objections from either Miller or Babcock. Mr. Eddy
responded , no, Mr. Babcock sold his land , and the Miller' s house is for sale now. Mr. Scala asked
Mr. Eddy if he went to Miller or Babcock, would he have a problem getting their approval . Mr. Eddy
responded , no. Mr. Eddy said this would allow them to build an office first, and then eventually build
on the back of the stand for the grading room .
• Chairman Stotz asked Mr. Eddy if the office would be occupied year round . Mr. Eddy
responded , yes . Mr. Eddy said the book work is scattered all over, so they wanted to get it all
together at the business.
Mr. Scala said adding the space which would allow for the better handling of the business,
both in terms of produce and the accounting , would be enough to justify the added cost. Mr. Scala
asked Mr. Eddy if they would be dependent on getting added business . Mr. Eddy responded , no.
Mr. Scala said this would be a 50% increase of their space, and to do that without getting more
business is very unusual . Mr. Eddy said they are trying to center in on the produce business instead
of the other properties around which they are trying to sell . Mr. Eddy said they need to get more
efficient to keep up with the competition . Mr. Eddy said his parents are getting older and that he is
getting more into the business now.
Mr. Scala asked Mr. Eddy if the business is owned by him in partnership with his parents or
do the parents own it. Mr. Eddy said he owns certain things they are involved in , but the produce
stand is his parents.
Mr. Scala asked Mr. Eddy if he is making the appeal for variance in his name or in his parents
name . Mr. Eddy said it would be in his father' s name , and he would be the agent.
• Chairman Stotz asked Mr. Eddy if the wholesale business is going to expand as the result of
this addition . Mr. Eddy said he does not think so, because the wholesale business tends to change
• TOWN OF ITHACA
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JUNE 261F 1996
every so often . Mr. Eddy said he does not think it will expand right now, and he is not interested in
expanding right now, but to refine more by doing a better job . Mr. Eddy said they could make more
money with the same amount of produce if they could get more efficient and handle the produce
better.
Chairman Stotz asked Mr. Eddy if they would have a larger volume of stuff in the back cooler.
Mr. Eddy said that he does not see that.
Mr. Scala asked Mr. Eddy if he would have to get a mortgage for this added building to get
built or would they be adding it prefab . Mr. Eddy said the first thing they would be doing would be
the office. Mr. Scala asked Mr. Eddy if they were going to build the office as an attached building
or inside the current building . Mr. Eddy said it would be attached on the north side of the existing
building. Mr. Eddy said the back of the building will be built later on . Mr. Eddy said they have not
applied for a building permit because they cannot do that yet, but when they can get a building
permit they would do the office first and then go on from there .
Chairman Stotz asked Mr. Eddy what are his plans for the business in the next ten years , is
this going to grow. Mr. Eddy said that would depend , and it cannot grow a lot if his father gets out
of it more. Mr. Eddy said his father is doing good, but he is 65 years old and he does not know how
• much longer he can keep it up. Mr. Eddy said he is staying in the business, and in order for it to
grow, he would have to start over.
Chairman Stotz said one of the concerns is , going from a fruit and vegetable stand that is
permitted in a residential district could grow into a fairly large wholesale and retail fruit and
vegetable business. Chairman Stotz asked Mr. Eddy if that would be in the works for him . Mr. Eddy
said if Chairman Stotz means for a big commercial business , then the answer would be no. Mr.
Eddy said the business would be staying the same.
Mr. Scala asked Mr. Eddy if they do more business by delivering or by people showing up at
the door. Mr. Eddy said they do both. Mr. Scala asked Mr. Eddy if they deliver most of it. Mr. Eddy
said maybe half of that. Mr. Scala asked Mr. Eddy if he expects the same portion to continue. Mr.
Eddy said he does not have a problem maintaining .
Chairman Stotz asked Mr. Eddy if there would be any additional truck traffic coming in and
going out because of the addition. Mr. Eddy responded no, that the addition would be basically for
reorganization .
Mr. Scala asked Mr. Eddy how the cheese and soda business was . Mr. Eddy said it is ok,
and that everything works together. Mr. Scala said he was assuming they were selling a lot more
than cheese and soda .
• Mr. Frost said the reason Mr. Eddy is here , is the desire to clean up on a long standing
• TOWN OF ITHACA
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JUNE 261 1996
violation . Mr. Eddy said Eddydale Farms is a roadside market, and they are not Wegmans because
Wegmans is too big . Mr. Eddy said they are not Wegmans , and if they were Wegmans they would
be out of business because as he said before they cannot compete with them . Mr. Eddy said a lot
of their trade is with the lower income people . Mr. Eddy said during the winter time , people would
come in and tell them that things are not quite right, and they would sell items cheaper to lower
income families . Mr. Eddy said they accept food stamps .
Mr. Scala asked Mr. Eddy if they have a place at the Farmer's Market. Mr. Eddy said no, that
they are busy enough in what they are doing now. Mr. Eddy said if it were to become commercial
it would not work. Mr. Eddy said a lot of people come there for the roadside air, not the supermarket
air.
Chairman Stotz asked Mr. Eddy if there is a wholesale part of the building , and if this could
be a staging area for a wholesale business too . Mr. Eddy said the competition is pretty bad . Mr.
Eddy said in the Town of Ithaca , there are probably 20 different people that deliver produce.
Mr. Scala said that he is satisfied that the intent is not to go commercial any more than he is
now expanding , but that he does not see any ruler. Mr. Scala asked what does this board do or
• what do they go by. Mr. Frost said after talking to the Town Planner concerning the environmental
assessment form , there was a thought that the building permits would not be issued until the Eddy' s
address the Planning Board .
Chairman Stotz opened the public hearing . With no one present to speak, the public hearing
was closed .
ENVIRONMENTAL ASSESSMENT
Chairman Stotz said if there are any building permits that are applied for, the recommendation
would be for the Eddys to go to the Town of Ithaca Planning Board for site plan approval , prior to
the issuance of a building permit. Chairman Stotz said the Town of Ithaca Agricultural Committee
has given their support to this request , and they have submitted a letter to the zoning department
dated June 19 , 1996 . Chairman Stotz said Eddydale is in keeping with the rural agricultural
character of the neighborhood , although the character of this area is somewhat mixed and difficult
to define. Chairman Stotz said Mr. Eddy has indicated selling only produce he and his family have
grown does not meet public demand . Chairman Stotz said there is a recommendation that the
applicant specifically listed those products in the origin to be sold at Eddydale , for this board to
consider and perhaps the appellant could be held to selling only those products at the market.
Chairman Stotz said it would be in terms of origin , that there is a recommendation that 50% of those
products be from the northeast area . Mr. Eddy said the way the business is that if he did not do that ,
• it would not be a produce stand . Mr. Eddy said he sells a lot of seasonal things from the areas
around here , and they are a big percentage of his sales . Mr. Eddy said that the Agricultural
• TOWN OF ITHACA
ZONING BOARD OF APPEALS 31
JUNE 26, 1996
Committee wanted them to sell at least 50% of what was grown in the region , and that would not be
a problem .
MOTION
By Mr. Harry Ellsworth , seconded by Mr. Ronald Krantz:
RESOLVED, that this board make a negative determination of environmental
significance for the property at 827 Elmira Road , Town of Ithaca Tax Parcel No. 35A1
10. 1 , based on the staff recommendation of the Town of Ithaca Planning Department.
A vote on the motion resulted as follows:
AYES - Stotz, Ellsworth , Scala , Krantz.
NAYS - None.
The motion was carried unanimously.
• Chairman Stotz asked Mr. Eddy if there is more than 50% of the agricultural products that
originates outside New York, New Jersey, Pennsylvania , Maryland , Delaware , Virginia , West
Virginia, and New England . Mr. Eddy said that he knows it must be at least 50% , and he does not
know if it would be more because he has not broken the business down that much . Mr. Eddy said
that he knows the produce that comes from this area does meet 50% .
MOTION
By Mr, Harry Ellsworth , seconded by Mr. Pete Scala:
RESOLVED, that this board grant a variance from the requirements of Article V,
Section 18, Paragraph 7, Town of Ithaca Zoning Ordinance for Eddydale Farms at 827
Elmira Road , Town of Ithaca Tax Parcel No. 35- 1 - 10 . 1 , for the owners to maintain the
roadside stand and associated structures for the display of sale of farming products
incidental to farming to maintain a wholesale and retail produce business with the
following conditions:
1 . That any expansion of the structure on this property will not occur until such
time as a site plan for that expansion has been presented and approved by the
Planning Board in accordance with the usual site plan requirements .
• The board had a discussion on the modification of the motion .
• TOWN OF ITHACA
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JUNE 26, 1996
A vote on the motion resulted as follows:
AYES - Stotz, Ellsworth , Scala , Krantz.
NAYS - None .
The motion was carried unanimously.
Chairman Stotz adjourned the meeting at 9: 50 p. m .
Deborah Ann Kelley,
CG
Keyboard Specialist/Minutes order
David Stotz )Chair a
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