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HomeMy WebLinkAboutZBA Minutes 1973-05-30 I TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 309 1973 A Meeting of the Town of Ithaca Zoning Board of Appeals was held on Wednesday , May 30 , 1973 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , PRESENT : Chairman David Powers , Lauren Ripley , Loran Marion , Roger Sovocool , David Cowan (Zoning Officer) , Re olds Metz (Assistant Zoning Officer) , Nancy Fuller (Secretary ABSENT : Jack Hewett ALSO PRESENT : Mr . Walter Wiggins , Mr . Anthony Leonardo , PUBLIC HEARING : APPEAL OF WALTER J . WIGGINS . Chairman Powers called the Public Hearing to order at 7 : 40 p . m . Mr . Reynolds Metz read the Notice of Public Hearing as published in the Ithaca Journal on May 25 , 26 , and 28 , 1973 , said Notice being attached to and being a part of the Official Copy of the Minutes of this Public Hearing and filed in the Official Minute Book of the Board of Zoning Appeals in the Office of the Town Clerk of the Town of Ithaca . Mr . Metz presented an Affidavit of Posting and Publication of this Public Hearing sworn to by the Town Clerk . Mr . David Cowan read from the Application for Building Permit signed by Mr . Wiggins and dated May 17 , 1973 , wherein Mr . Wiggins applied for permission to convert an existing barn into four to six apartment units at an approximate cost of $ 201000 . 00 . Mr . Cowan then read from the Appeal to the Zoning Board of Appeals signed by Mr . Wiggins and dated May 17 , 1973 , as follows : "Having been denied permission to convert a barn into ` four dwelling units ( possibly six) at 1152 Danby Road , Ithaca , N. Y. as shown on the accompanying application and/ or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Section 18 of Article 5 of the Town of Ithaca Zoning Ordinance , the UNDERSIGNED respectfully submits this appeal from such denial , and , in support of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/ or UNNECESSARY HARDSHIP as follows : The barn is a beautiful , well - built structure that is obsolete for any farm purpose because the farm is now obsolete . In order to maintain the building and prevent its deterioration it must become economically productive . The cost of repairing roofs , foundations , etc . , is prohibitive without the generation of income . " h Zoning Board of Appeals - 2 - May 30 , 1973 Mr . Cowan stated that there is no section in the Zoning Ordinance that allows for a change from a residence to multiple without a rezoning procedure . Mr . Cowan stated further that Mr . Wiggins ' request specifically violates Article 5 , Section 18 , of the Zoning Ordinance , referring to Use Regulations which specify one or two family dwellings . Chairman Powers asked Mr . Wiggins to explain his particular situation . Mr . Wiggins stated that at a prior Public Hearing the Zoning Board of Appeals granted to him a request for a variance to convert the house on his property into a restaurant . He then referred to the barn and stated that he had put in one apartment a while ago and later added another which , he stated , is proper under the present Zoning Ordinance . However , in order to make the maintaining of the barn economically feasible , he must request a variance in order to put in a total of four or five or at the most six apartments . Mr . Wiggins also noted that his son has put in a small apartment for himself in the barn in the upper level , which is really not allowed . Mr . Wiggins then described the way the apartments would be built within the barn should permission be granted . There would be two apartments on the first floor , two on the second floor , and one in the basement . ® Mr . Marion said that he knew that there would be room in the barn for four or five apartments and even six should there be six . Mr . Wiggins stated that he had had his secretary call all the neighbors and there were no complaints about the proposal , and further , that there had been no complaints about the restaurant . Mr . 'Powers asked Mr . Wiggins what changes he would make on the outside of the barn . Mr . Wiggins stated that there would be no exterior changes except for adding windows ; the barn doors would remain as they are . Mr . Marion stated that he has been up to the site and is very familiar with the barn . He noted that Mr . Wiggins has a couple of very nice apartments in there . He noted further that there is a real problem heating the barn and looking at it from an economic point of view , converting the barn to an apartment dwelling would help a great deal . If there were heat coming from below the costs for Mr . Wiggins would be less . However , Mr . Marion stated that he is concerned about the problem of rezoning . Mr . Powers stated that he too was concerned with the question of rezoning . 1PMr . Marion stated again that the apartments are very nice . Mr . Sovocool stated that he did not see how the Zoning Board of Appeals has any legal right to grant this appeal . Zoning Board of Appeals - 3 - May 30 , 1973 It was his opinion that the Board could only pass on hardship or the like . Mr . Sovocool stated further that the Board has had other things like this and the Planning Board has stated that it is their prerogative . In his opinion , the Zoning Board of Appeals would be rezoning land since this request involves a change in use . He noted further that the restaurant request was a personal variance to Mr . Wiggins , Mr . Wiggins stated that he has 70 acres of land up there and the taxes have been very high since the water and sewer went in . The entire venture has been very expensive for him . There are 7 acres of lawn to keep mowed and trimmed . Mrs . Ripley said that she shared the same concerns as Mr . Sovocool . Mr . Powers asked Mr . Cowan how he interpreted the zoning ordinance . Mr . Cowan stated that the written items concerning the Board of Appeals are clear enough and he read from the ordinance in Section 77 , paragraph 6 , as follows : "Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance , the Board of Appeals shall have the power , in passing upon appeals , to vary or modify the application of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done . " Mr . Cowan also read from Article VI , Section 30 , of the zoning ordinance , as follows : " Site Plan Approvals . No building permit shall be issued for a building within a Multiple Residence District unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of Article U . " Mr . Wiggins stated that he has always understood that the purpose of this Board is to allow for those variations of the law that are necessary to make said law work . The purpose of the zoning ordinance is to protect land values , he stated , and further , that he has increased the value of the land . He asked if the Board would desire that all barns be left to fall down since the upkeep is very expensive . He said that he could build 20 houses in front of the barn and be in accordance with the zoning ordinance . Mr . Powers recalled the matter of The Gables - now known as Turback ' s - that came before this Board and where the Board tried to save the house . However , Mr . Powers expressed deep concern with the , ; . fact that . . there are . many barns on the Danby Road and , should this variance be granted , their owners might want to convert their barns into apartments too . Zoning Board of Appeals - 4- May 30 , 1973 Mr . Leonardo appeared as an interested citizen and stated that he agreed with Mr . Wiggins and that he had no objections at all . Mr . Leonardo is a neighbor of Mr . Wiggins to the North . He stated that they are trying to build up South Hill and that they want to populate South Hill a little instead of all the population going in the other direction . Mr . Wiggins stated that the rear portion of his property adjoins Buttermilk Park . The barn is approximately 600 feet from the road . He stated that if this Board is not the place to come he did not know where to go . The Planning Board , he said , has bounced this property around several different ways and a tone time it was proposed to be zoned for mobile home parks and then people came in in great numbers and it is now something else in the proposed new ordinance . He stated that it was his opinion that this body is the one to look at simple human problems . Mr . Powers asked Mr . Cowan what problems the Zoning Board of Appeals would run into with the Planning Board and the Town Board if this appeal were granted . He further stated that the Board has been criticized before and he had made up his mind at that time that in cases like this he would confer with them . Mr . Marion wondered what problem Mr . Powers was referring to . Mr . Powers stated it was the matter involving Mr . Wrisley on Indian Creek Road , Mr . Cowan stated that one thing that could happen is that a neighbor could take the matter into court . Mr . Powers noted that there are no other neighbors at this public hearing except one in support . The members of the Zoning Board of Appeals adjourned into Executive Session whereinna Memorandum from the Planning Board was presented as attached to the Official Minutes . The executive session began at 8 : 05 p . m . The Public Hearing was re - opened by Chairman Powers at 8 : 35 p . m . , with Mr . Powers making the following MOTION : RESOLVED , that this Public Hearing be adjourned for at least 30 days to be recalled by the Chairman so that the Planning Board can make any recommendations or take any action relative to the proposed use , and It is further requested that the applicant meet with the Planning Board to present his proposal , and It is further requested that the Planning Board notify the Zoning Board of Appeals as soon as possible of any action taken by them . Seconded by Mrs . Laurene Ripley . There was no further discussion and the Chairman called for a vote . Zoning Board of Appeals - 5 - May 30 , 1973 Aye - Lauren Ripley Roger Sovocool Loran Marion David Powers Nay - None The RESOLUTION was duly carried . Mr . Wiggins requested that the Secretary present his request to the Planning Board to be placed on their Agenda for their next meeting to be held on June 5th , 1973 . The meeting was adjourned by the Chair at 8 : 45 p . m . Respectfully submitted , Nancy M. Fuller , Secretary . n.co/ c� David Powers , Chairman Zoning Board of Appeals AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y . I , Edward L . Bergen , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper ; ( The Ithaca Journal ) Notice of Public Hearing , by the Town of Ithaca Zoning Board of Appeals on the 30th day of May , 1973 , at 7 : 30 p ,.-m . , at the Town Offices on the following matters : Appeal of Walter J . Wiggins , Appellan*, from the decision of the Zoning Officer denying permission for conversion of existing barn for multiple residence at 1152 Danby Road , Ithaca , N . Y . Location of sign board used for posting ; Entrance to Town Offices at 108 East Green Street ( third floor ) , Ithaca , New York . Date of Posting ; May 25 , 1973 Date of Publication ; ___ Ma 25 , _26 , 28 , 1973 EdV d L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this day of May , 19 73 - NOTARY ROMT C. GREY N��h 1�q Stdi d f ! Yo NRt pow l4 �� AFFIDAVIT OF POSTING TOWN CLLRK ' S OFFICE ITHACA , N . Ye I � Edward L . Bergen being dui - � g Y sworn , say that I ' am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( The Ithaca Journal ) Notice of Public Hearing by the Town of Ithaca Zoning Board of Appeals on the 30th day of May , 1973 , at 7 : 30 p . m . , at the Town Offices on the following matters : Appeal of Walter J . . Wiggint , Appellan*, from the decision of the Zoning Officer denying permission = for ' conversion of existing barn for multiple residence at 1152 Oanby Road , Ithaca , N . Y . Location of sign board used for posting : Entrance to Town offices at 108 East Green Street ( third floor ) , Ithaca , New York . Date of Posting : May 25 , 1973 Date of Publication ; May 25 , 26 , 28 , 1973 / Irk. Edward L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins We Town of Ithaca Sworn to before me t is 30th day of May 19 73 NOTARY ROBERT G, GREY, M lSS�36 685 Notary Public, State of New York Oualoit - ns Country My. Comuussjon Expires March 30, 1 t TOWN.OF ITHACA I NOTICE OF PUBLIC HEARING TONING BOARD OF APPEALS By direction of the Chairman of the Zoning Board of Appeals notice is hereby given that a public hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca on the 30th day of May, 1973, at 7 :30 p.m. at Town Offices, 106 E. Green St., Ithaca, on the following matters: Appeal of Walter .J. Wiggins, Apppellant, from the decision of the Zoning Officer denying permission for conversion of existing barn for multiple residence at 1152 Darby Rd., Ithaca. David W. Cowan Zoning Officer Dated: May 23,1973 ' May 259 26, 28, 1973 Aft I i �r 17/ �3 � TOWN OF iTHACA NEW MIRK f APPEAL to the Buildli ng Commissioner a4id the Board of Zoning Appeals of 4he Town of Ithaca , New York Ha Jlwng been denied per-mission to � t _ rsa.�t' aunyrac;.ma�.:aszcm .aesswuca. acsax..:_srsamwmua+ nerez: r_.x: nw«y�. Ithaca , X * Y a as shown on the accompanying Application and/or plans or other supporting doclame:e ts , for the stated reason that the issuance of such permit would be in violation of 3f coon. of Itad Zone Ordinance :aKse U:.uD si�t33j I ^�,q'' ��1 .°S.Sw � ti?' :� ;�3uF.,: t �. u�. .�_�s fsL3bi:A �.t �; `�hit� appeal from t�o'�.d°�'x '{,, At �� G a ' ib.,nd Y I' ' F�'rl,iPPI: �^ a �I c7�"�� 6 .3. a�� f�i that�i � 4J �� . L' � �33Fn�4 � ^ rva" sue Of the ("r'd l5lance would impose PRACTICAL DIFFICULTIES C 471".1Taj5S�t Lt r �;y .'s fl +�' J:I .Yt .f= a ^� p u i o � .I. 'l�Js Signed Dated . Ithacaq XL Y u / €. 3 t3 �� TOWN OF 1THACA / 17I APPLICATION FOR . BUILDING PERMIT Fee : Application Date . - ..7.a....... Alft D$250' - Main Building or Extension Permit Number .. . .-.0... .... . .. . . ............. 1 .00 - Accessory Building Date .. ... : .. ... ............a........ Make checks payable to Town of Ithaca Parcel Number ... ... ... .. .. ... .. . ...I......... Return application to : .. . .. . . . . . .. . . . .. . . . - .. . . ... . . .. . ... ... .. ...... .. . .. . .. . .. . . .. . .. Zoning . District . . .. ... ............ .....0....... Application. is hereby made to ( build ❑, extend ❑, convert N, _ . .A:d1.. `l. .l l . . _ $r4f] ) a structure or use land Z at � .. . . ..... . . . ......... .... ... .. Rd. Town of Ithaca N. Y. q� To be used for .. . .. . . 11 � . J � �` ! VL..... .. !! !- -- - - - - -- - - - --- - - -- - - - - - - - - - - -- --- - -- - ------- - At a cost of _l�P.L ..�'U.�--.. Structure is to be completed on or before .. . . . J. . ��.��.._ �... , ., 19. .7. 3 • •.... ......... ...:........ Owner of land V! T IZrZ T,. -- � c� Y � �' �/ / C� �7 i Al Builder _ .1� . �t !-! ..L.......................................... Land Owner's mailing address .. . ' ....... ..... . ..... ... ... ............ ... . . . . . . . . . .. . . . . ..a - • - - -• - -- - • •• • ... ......... . . •--•- - If building is being built for a person other than present land owner, show name . .. .. . ..... ... .. . ... .. . . . ......................... ... .. ............... The structure ( s ) will be as follows : Square Feet Floor Area : Type of construction . . . . .. . .. .. ..... . . !1i1.L............... .................. Basement ..... Numberof stories . . .. . . . .. . . . . . . .•`1- - -.- . . . ......... ... ............. .. .......-..... .. First Floor - - ....-......................................................-............... . Number of Family Units - - - - - - -- ---- -v :21- - ............................. Second Floor -.............. .. . ..... ... ........ ._....._... ......... .................... Percentage of Lot to be occupied Over Second ....................... ... . ............................................... by all structures .. ....... .. . ... . ....... ..)l`.�._.°..�._�. /�0 .................... Plot Plan on Back of Permit . . . .. . . . . . . . or Attached ... .... . .. .. The required permits have been obtained as follows : Date Issued FROM TOMPKINS COUNTY HEALTH DEPARTMENT Approval of septic system and/or well -•-•- -•.... ................................ ....................... FROM TOWN CLERK Strcet .opcning ( if road must be opened for pipes ) . .. .. ...... .. ... .... . ...................................... .... .... Blasting permit ( if blasting necessary) ..... . .. ...........................I................_..._..._..._. FROM SUPERVISOR WaterTap . . . . ... . . .. . . . . . . . . ........ ... ... .. . ......... .... . .. . . .. . . District . SewerTap .. . . .. . . . . . . . . .. . ... . . . ... .... ... .. ... ... ... ... . .. ..... . .. District . FROM PROPER HIGHWAY DEPARTMENT Culverts and driveways FROM TOWN ZONING OFFICER Multiple residence permit The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and other Laws and Regulations of the Town of Ithaca, New York, or others having jurisdiction, and affirms that all statements and information given herein are correct to the best of his kna le Date : . . . .. . .. . . . . .t4/. . . .. .. ... . . .. .. 19. E 3 /�71/ �j' ► �/ ' . . Signature of Landowner. Building permit ( ) approved by . . . . . . ... . . . .. ... . . ... ... . . Progress of work. Checked on ( ) denied under Section . . . ... . ... . . of the Zoning Ordinance by Foundation .....-........... .. .... . ....... ...................... Appeal action : Framing ..... ... ........... .. .. ....... ... ..........•-.... ......... Dateof appeal . . . .. . . . . . . .. .. . . . . . . . . . . .. . . . . . ... ... . .. .. . .. . ... . .. . _ . . ..... ... . . . . . Trim ... .. ............ . . ... Date of hearing . .. . . . . . . .. . . . .. . . . . . .. .. . .. . .. . . .... ..... .. .... ... . . . . ... ... . .... ... Completion Alk Date of advertising . . .. .. . . . .. . . . .. . . . . . . . . . . . .. . .. .. . . ... . . . . . ... . .: . ' Board members notified Order to refill excavation issued on . . .... ... . .. ... . .• •••... . ...-- •- - -- . • .. _ . .. Order to demolish structure ..... . .. . .. . .... . . .. . . . ... ... . .... . . ..... ... ... . . .... issued on - -- • ••.. ... .• . .. .-• ••...---•••--- $5 . 00 - Appeal, advertising expenses. PLOT PLAN INFORMATION TO BE SHOWN : Dimensions of structures. . Dimensions of lot. 70 gCiz (; S Names of neighbors who bound lot. Distance of Structures. from. Set-back of neighbors. Road, COD ' North arrow. Both stile lot lines, /,5- 00 a 3 0 0 Street name and number. Rear of lot. Z 0 0 o ' Show existing structures in contrasting lines. C, o� t�m I hereby certify that the structure for which this Permit ( will be ) ( has been) issued ( will be ) ( has been)built ac- cording to the latest Standards of the New York State 1363adi'n/g Code . Signed MEMORANDUM TO : Mr . David Powers . Chairman , - Zoning' Board of Appeals Town of Ithaca FROM : Barbara Holcomb , Chairman , Planning Board Kenneth - Kroohs , Plarning Engineer RE : .Appeal , . of Mr . Walter Wiggins ,,. 1152 Danby Road DATE': . . May 299 1973 After being informed -by Mr David Cowan of the Appeal - of . Mr . Wiggins and- the situation surrounding - said Appeal , it is ' our opinion that the ' correct- procedure : for Mr . Wiggins to • . follow ' would be 'to apply to the Planning Board for rezoning of his land to . multiple residence . Article V , ,Section . 18:, of the. Zoning Ordinance of the Town of ' Ithaca - very clearly . states - that dwellings for , only. one ,or two families are allowed in an R-30 .,•zone . . The Planning Board would .hear Mr : Wggins ` at ` their earliest convenience after-:.being .requested to do so If the Planning- Board ,denies 'Mr. . Wigg ris ° request . for rezoning., At . would then appear to be•- . the time for him 4 ft to come before the Board of „ Appeals . � - Mr . Cowan ' could then provide -the- Zoii,ing , , Board rmembers with the reasoning % of the Planning Board as . well as his own . t :PUBLIC HEARING held by the Town of Ithaca Zoning Board of Appeals at the Town Office , 108 East Green Street , Ithaca , N . Y . , at 7 : 30 p . m . on Wednesday , May 30 , 1973 . PRESENT : Chairman David Powers, Roger Sovocool , Laurene Ripley , Loran Marion , David Cowan ( Zoning Officer) , Reynolds Metz (Assistant Zoning Officer) , Nancy Fuller ( Secretary) . ABSENT : Jack Hewett ALSO PRESENT : Mr . Walter Wiggins , Mr . Leonardo . The following MOTION was duly passed by the Zoning Board of Appeals of the Town of Ithaca at a Public Hearing held in the Town Office on Wednesday , May 30 , 1973 , at 7 : 30 p . m . for the purpose of considering the Appeal of Walter J . Wiggins , Appellant , from the decision of the Zoning Officer denying permission for conversion of an existing barn for multiple Aft residence at 1152 Danby Road , Ithaca , N. Y. Permission was denied under Article V , Section 18 , of the Town of Ithaca Zoning Ordinance . MOVED by Mr . David Powers that this Public Hearing be adjourned for at least 30 days to be recalled by the Chairman so that the Planning Board can make any recommenda- tions or take any action relative to the proposed use , and It is further requested that the applicant meet with the Planning Board to present his proposal , and It is further requested that the Planning Board notify the Zoning Board of Appeals as soon as possible of any action taken by them . Seconded by Mrs . Laurene Ripley . There was no further discussion and the Chairman called for a vote . Aye - Laurene Ripley , Roger Sovocool , Loran Marion , David Powers . The MOTION was duly carried . PUBLIC HEARING held by the -i:own of Lrnuuaa s.wuAwu& .+•+� a � - � � r -- r at the Town Office , 108 East Green Street , Ithaca , N. Y . , at 7 : 30 p . m . on Wednesday , May 30 , 1973 . PRESENT : Chairman David Powers , Roger Sovocool , Lauren Ripley , Loran Marion , David Cowan ( Zoning Officer) , Reynolds Metz (Assistant Zoning Officer) , fancy Fuller (Secretary) . ABSEkio 'Jack Hewett ALSO PRESENT : . Mr . Walter Wiggins , Mr . Leonardo . The following MOTION was duly passed by the Zoning Board of Appeals of the Town of Ithaca at a Public Hearing held in the Town Office on Wednesday , May 30 , 1973 , at 7 : 30 p . m . for the purpose of considering the Appeal of Walter J . Wiggins , Appellant ; from the decision of the Zoning Officer denying permission for conversion of an existing barn for multiple residence at . 1152 Danby Road , Ithaca , N. Y . Permission was denied under Article V , Section 18 , of the Town of Ithaca Zoning Ordinance . MOVED by Mr . David Powers that this Public Hearing be adjourned for at least 30 days to be recalled by the Chairman so that the Planning Board can make any recommenda- tions or take any action relative to the proposed use , and It is further requested that the applicant meet with the Planning Board to present his proposal , and It is further requested that the - Planning Board notify the Zoning Board of Appeals as soon as possible of any action taken by them . Seconded by Mrs . Laurene Ripley . There was no further discussion and the Chairman called for a vote . Aye - Lauren Ripley , Roger Sovocool , Loran Marion , David Powers . The MOTION was duly carried . This is to certify that the following is a true copy of the Resolution duly adopted by the Zoning Board of Appeals of the i Town of Ithaca at a Public Hearing held by said Board in the Town '. Office on the 18th day of June , 1973 , to consider the Appeal of Beacon Hills Village from the decision of the Zoning Officer denying permission for extraction of sub- soil at King Road East , a permit being required under Article XIII , Section 70 , of the Zoning Ordinance . RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and does hereby grant permission to Beacon Hills Village to remove fill from their property on the South side of King Road East , as indicated by Drawing No . P- 3 of Site Plan dated May . 1973 , ( Town Map No . 286) . Permission to accomplish this is granted for one year from this date , June 18 , 1973 , . and further THAT - this Board requires that . a $ 2 , 000 . 00 Performance Bond , acceptable to the Town Attorney , be established to insure proper restoration of the ' property : " Such restoration shall be subject - to - the approval of the Town Planning Engineer or other designated official . Z/K) Nancy M. Auller , Secretary C Sworn to before we this 20th day of June , 1973 . . c Notary Public Notr, r}r iNew York Qualified 92 - : 'IJ uslificd is. '1'um ; 'r. ; cs County Perm l apires March �U, 19�^