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HomeMy WebLinkAboutZBA Minutes 1962-10-08 189 = TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 89 1962 A meeting of the Town of Ithaca Zoning Board of Appeals was Yield in the Town Highway Building on Monday , October 8 , 1962 at 7 : 30 P . M . Members of the Board present were : Chairman David F . ' Powers , Constance E . Cook , Robert N . Powers , William B .. Norton , William S . Scott , Jr . Also present. were : Zoning Officer Robert J . Wells , Supervisor Ben Boynton , H . K . Kellogg , Mr . Argetsinger , John Marion , Richard Blatchley , Mrs . Williams , Mrs , Backner , Mr . Broms , Robert Stanley , and Harry Baker . This is an appeal signed by H . K . Kellogg of 1776 Slaterville Road for special approval in regard to the decision of the Zoning Officer denuing permission to build - a house on Snyder HillRoad in the bed of a mapped road . Permit was denied under Section 279 of Town Law . Proof of publication was presented . Mr . Kellogg purchased the lot from Mr . Argetsinger in August . 1962 * ithout knowledge that a proposed road was to go through the lot or that the proposed road was on the official Town Map . The proposed road was placed on the .official Town Map in July 1962 . Mr . Argetsinger stated that he was unaware of this proposed road also . Mr . Wells presented a map of Mr . Kellogg ' s lot and also an area sub - division study map done by ' K . C . Parsons with an overlay . showing the proposed road which has been placed on the Town Map . The road previously intersected Snyder Hill Road at a higher point on the hill and was changed due to the sharp curve in the proposed road and the steep grade of Snyder Hill Road . Several alternative routes for the proposed road were discussed . The Board explained , however , that they had no authority to change the location of`the road , but could only issue permission for Mr . Kellogg to eredt his house in the bed of this mapped road . They can offer no assurance that . the road still again be re - located . Comments were requested from the neighbors present . Mr . Robert Stanley questioned how anyone could purchase land without knowledge or clarification of this situation . . Mr . Kellogg stated that neither he nor his lawyer ' knew any - thing about the proposed road or the change in its location at the time of purchase . Mr . Argetsinger , seller , also stated that he had no knowledge of the location change and the placement of the proposed road on the official Town Map . Harry Baker questioned how the Town could place this road on the Town Map as a Town road when the land has not been deeded to the Town . 19 ® Mr . Kellogg stated that he cannot build his house on this lot if the road goes through at this point . It would split the house in half . Mr . Boynton stated that the Town has no plans at this time for development of the road . This is most usually done by sub - dividers . Mr . Marion , a developer of part of this land , stated that it would depend on the demand for building lots . as to when the road would be constructed . The Board took a short recess . and upon return , again explained the position of the Board to 1#lr . Kellogg . The Board can grant permission to build in the bed of a mapped road but can offer no assurance as to whether the road will go through or not go through his land . A motion was made by William S . Scott, , Jr . and seconded by kobert N ; Powers that the Zoning Officer be authorized to issue a building permit . to erect a house in the bed of a mapped road as requested by H . K . . Kellogg on Snyder Hill Road . Ayes all . Carried . The Board made the following findings : 1, . The land cannot yield a fair return on its value to the owner except as a resid. ential site . a ) It is a residential zone . b ) At the present time there are not definite plans for the development of the road . 2 . There will be little , if any , increase in the cost of opening the Town road in another location . A discussion of the proposed amendment to Article IX of the Town of Ithaca Zoning Ordinance took place . The Board recommends that the proposed amendment be adopted with the following changes : 1 . In Section 46 , the word " general " be added prior to the . words " site plane whereever such words occur throughout the section . 2 . The following sentence be added at the end of Section 46 , sub 4 : " No Building Permit shall be issued on the basis of a general plan . ,, 3 . Th efollowing sentence be added at the end of Section 46A sub 3 : " The owner shall be bound by the site plan as approved by the Planning Board . , , Meeting adjourned at 9 : 55 P . M .