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HomeMy WebLinkAboutZBA Minutes 1974-09-30 f , , : I TOWN OF ITHACA 4 ZONING BOARD OF APPEALS SEPTEMBER 30 , 1974 A meeting of the Town of Ithaca Zoning Board of Appeals was held on Monday , September 30 , 1974 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , PRESENT : Edward King , Edward Austen , Laurene Ripley , Jack Hewett , Chairman Peter Francese ( arrived late ) , Lawrence Fabbroni ( Zoning Officer ) , Reynolds Metz ( Assistant Zoning Officer ) . ALSO PRESENT : Messrs . Haag , White , Tompkins , Norcross and Mrs . O ' Connor . In the absence of the Chairman , the Vice - Chairman , Mr . Hewett , called the meeting to order at 7 : 45 p . m . He thereupon turned the meeting over to Mr . Fabbroni , Zoning Officer , PUBLIC HEARING : APPEAL OF MESSRS . HAAG AND WHITE , APPELLANT , FROM THE DECISION �OF THE ZONING OFFICER DENYING PERMISSION FOR BUILDING OF THREE TWO - FAMILY HOMES WITH UNITS OF EQUAL SIZE AT 730 FIVE MILE DRIVE , 103 AND 111 FIDLER ROAD , The Public Hearing was called to order at 7 : 48 p . m . by the Zoning Officer . Mr . Fabbroni presented the Affidavit of Posting and Publication signed by the Town Clerk , Mr . Edward Bergen , and duly notarized . Mr . Fabbroni requested that Messrs . Haag and White present their plans . Mr . Haag stated that he and Mr . White own some ground on Five Mile Drive and Fidler Road . They had presented their plans for the first time to the Planning Board on January 16 , 1973 , and that , effective June 2 , 1973 , the Town Board had rezoned their 8 . 37 acres to Multiple Residence District , Mr . Haag stated that since that time they have had trouble with the County Health Department with the building of the 30 apartment units that were approved by the Planning Board . Mr . Haag said that he and Mr . White have some ground that was not approved by the Planning Board for building on . He stated that they would like three duplex units on that ground . Mr . Haag continued and said that the Town Zoning Ordinance states that if there are to be two units in the same building , one must be 500 of the other . Mr . Haag said that the apartment units come from the factory and that they would like to build two units side by side which would be of the same size . He stated that they meet or exceed the set back requirements in each of the three lots . The area is zoned R- 9 . There are proposed 6 dwelling units on the. 3 lots . Mr . Fabbroni exhibited the plan of the proposed use . He stated that on the South side of Fidler Road there is a lot labelled # 3 which is 153 ' Zoning Board of Appeals - 2 - September 30 , 1974 by 200 ' ( approx . ) ; there is a lot labelled # 2 that is 153 ' by 280 ' with 300 ' on Fidler Road ( approx . ) ; and there is a lot # 1 on the North side of Fidler Road that is 150 ' by 260 ' on Fidler Road with a back lot line of about 280 ' . Mr . Fabbroni stated that under R- 9 zoning the lot on the North side of Fidler Road would be allowed 3 dwelling units except for the Health Department approval . Health Department approval states that what they are proposing , two total . units on the North side of Fidler Road and four total units on the South side , are acceptable . Based on that and the Health Department approval , Mr . Fabbroni stated that he saw nothing wrong with the proposal . At this point , 8 : 01 p . m . , Mr . Francese , the Chairman of the Zoning Board of Appeals , arrived and took over the meeting . Mr . Francese asked Mr . Haag if he and Mr . White intend to develop the other land zoned multiple residence . Mr . Haag stated that they do as soon as they get Health Department approval . He noted that the multiple residence district does not extend all the way to Fidler Road . Mr . Francese asked if Mr . Haag had shown these plans to Mr . Arthur " Dutch " Prince . He further asked if Mr . Prince is aware that Messrs . Haag and White want . to put these 6 dwelling units around his house . Mr . Haag answered yes to both questions stating that Mr . Prince is in agreement with their plans . Fie noted that there is a 60 ' road between Mr . Prince and the development . Mr . Fabbroni noted that the density stands to be less than R- 9 allows Mr . Francese asked to see the elevation plans for these proposed units . Mr . Haag presented the plan showing the elevations and the units side by side . He stated that these are modular units . He noted that there is no cellar in the lower duplex but the one up on the hill and the one near Mr . Prince ' s house will probably have cellars . Mr . Francese asked if these dwelling units could be subdivided into smaller units by another owner . Mr . Haag assured him that they could not . Mr . Francese noted that as an example on the lot that is approximately 150 ' by 200 ' Messrs . Haag and White could build two dwelling units in one structure , one of 2 , 000 sq . ft . and the other of 1 , 000 sq . ft . Mr . Edward King commented that they could add another building , were he so inclined , at some time in the remaining part of the parcel . Mr . King was assured by Mr . Haag that they could not because the topo - graphy of the land is too bad . He further stated that it is not their intention to come in at another time and ask to build another building . Mr . Fabbroni stated that the Zoning Board of Appeals is being asked to waive Article 3 , Section 4 , paragraph 2 of the Town of Ithaca Zoning- Ordinance , Mr . Fabbroni stated that it was his recommendation that if the Board does resolve to vary the above -cited sections they should do so on the basis that the over - all density that is proposed is less than that allowed by the R- 9 zoning . Zoning Board of Appeals - 3- September 30 , 1974 Mr . King was of the opinion that the waiving does not really apply to density because two families could go in there . Mr . Francese determined that the Finding of Facts in this case would be that the three lots are of such large size that two dwelling units of equal size constructed in one building would not be objectionable to the area , and further , that the new zoning ordinance of the Town will allow such a use on lots of 20 , 000 sq . ft . MOTION by Chairman Peter Francese , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance from the provisions of Article 3 , Section 4 , paragraph 2 of the Town of Ithaca Zoning Ordinance to Messrs . Mark Haag and Phil White thereby granting them permission to _ build twos two - family homes on Town of Ithaca Parcel No . 31 - 3 - 2 , Five Mile Drive and Fidler Road and one two - family - home on Parcel No . 31 - 4 - 4 . 1 . There being no further discussion , the Chair called fora vote . Aye - King , Austen , Ripley , Hewett , Francese . Nay - None . The MOTION was declared to be carried unanimously . PUBLIC HEARING : APPEAL OF P & C FOOD MARKET , INC . , APPELLANT , FROM THE DECISION OF THE ZONING OFFICER DENYING PERMISSION TO EXTEND SPECIAL PERMIT ALLOWING LIGHT INDUSTRIAL USE BY MORSE CHAIN CO . IN A COMMERCIAL ZONE , GRANTED SEPTEMBER 1972 FOR TWO YEARS AT 222 JUDD FALLS ROAD ( OWNED BY IDEMAN ) . The Public Hearing was called to order at 8 : 30 p . m . by the Chair - man of the Zoning Board of Appeals , Mr . Francese , Mr . Fabbroni presented the Affidavit of Posting and Publication signed by the Town Clerk , Mr . Edward Bergen , and duly notarized . Mr . Fabbroni stated that Mr . Norcross was present at this hearing from Syracuse , New York , representing the P & C , and Mr . Tompkins was also present from Ithaca , New York , representing Morse Chain , Mr . Norcross explained the reason for the P & C requesting this extension to the Special Permit granted to them in 1972 by this Board . He stated that the P & C leases the building at 222 Judd Falls Road from Mr . George Ideman and they in turn lease it to Morse Chain as of 1972 . He said that Morse Chain Co . is not prepared to move into their new building for another year due to construction problems . He stated that the P & C is in a position to grant an extension to their lease agreement with Morse Chain because they have a lease for one more year with Mr . Ideman . He said that they would like to request the Zoning Board of Appeals for an extension of their special permit for 13 months . Mr . Tompkins stated that the Morse Chain operation is a low-key assembly operation . There are about 40 people working in the building . Mr . Hewett stated that he knew of no problem there with traffic as a result of Morse Chain being in the building . r Zoning Board of Appeals - 4 - September 30 , 1974 Mr . Francese asked Mr . Tompkins if they will be moving into the new building near the Airport Research Park . He said yes , probably . Mr . King noted that the Morse Chain operation is a light industrial use in a commercial zone . Mr . Fabbroni referred to the Minutes of the Zoning Board of Appeals Public Hearing of August 30 , 1972 ( see attached copy of letter dated August 29 , 1972 , to Mr . David Cowan , Zoning Officer , from Mr . Richard C . Curran , Vice -President - Plant Manager , Mr . Fabbroni read the Zoning Board of Appeals Resolution as follows : " Chairman Powers moved that a special permit be granted for Mr . Ideman ' s request for the Morse Chain operation leasing from the present occupant , P & C Food Markets , for a period of approximately two years . The Zoning Board of Appeals has considered traffic and other items concer - ning the special permit . " Mr . Fabbroni suggested that before the Zoning Board of Appeals gives final approval to an extension of the special permit noted above ( Permit # 1569 ) Mr . George Ideman should be notified . Mr . Norcross stated that he had talked to Mr . Ideman and he is in favor of the extension . Mr . Fabbroni was of the opinion that the lease should be extended only to the extent of the P & C lease - i . e . - October 31 , 1975 . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant an extension of the Special Permit, to P & C Food Market , Inc . so that they may lease the building at 222 Judd Falls Road to Morse Chain Co . for a period of thirteen ( 13 ) months to October 31 , 1975 , for conduct of the light industrial operations that have been conducted there in the past by Morse Chain Co . . This is an extension of Special Permit # 1569 granted August 30 , 1972 , by this Board . There being no further discussion , the Chair called for a vote . ' Aye - Francese , King , Austen , Ripley , Hewett . Nay - None . The MOTION was declared to be carried unanimously . PUBLIC HEARING : APPEAL OF MR . AND MRS . JAMES J . O ' CONNOR , APPELLANT , FROM THE DECISION OF THE ZONING OFFICER DENYING PERMISSION FOR BUILDING OF A TWO -FAMILY HOME WITH SECOND UNIT MORE THAN 50 % OF PRIMARY UNIT AT 307 BLACKSTONE AVENUE , The Public Hearing was called to order at 8 : 50 p . m . by the Chair - man of the Zoning Board of Appeals , Mr . Francese , Mr . Fabbroni presented the Affidavit of Posting and Publication signed by the Town Clerk , Mr . Edward Bergen , and duly notarized . Zoning Board of Appeals - 5 - September 30 , 1974 Mr . Fabbroni noted . that Ivor Johnson and Robert Hamilton are builders in the area . The adjacent lots are not built upon . Mr . Francese asked how large is the lot in question . Mr . Fabbroni stated that the lot is over 30 , 000 sq . ft . The lot number is 71 - 1 - 11 . 67 and the dimensions are given on the tax map . Mrs . O ' Connor stated that she wishes to place two dwelling units each of equal size or close to it in one structure on the lot 50 ' back from Blackstone Avenue , Mr . King asked what the area is zoned and Mr . Fabbroni stated that it is zoned R- 15 . Mr . Fabbroni also noted that the minimum required set back is 251 . Mr . Francese asked how large each dwelling unit will be . Mrs . O ' Connor said that each unit will have two bedrooms . She thought that the entire structure would be a minimum of 28 ' x 68 ' but it may be 28 ' x 701 . She said that she is planning on living in one half of the structure . She stated that her apartment - would be larger than the rental half - - probably larger than 1 , 000 sq . ft . with the apartment being 800 sq . ft . to 900 sq . ft . There followed a discussion of the size of the lot in question and the neighbors . and the size of the houses already built by Lagrand Chase , Adak Mrs . O ' Connor said that there will be one entrance way so that the structure looks like a single family house . There will not be a garage , parking area will be in back of the house . Mr . Francese commented that there is adequate lot space . MOTION by Chairman Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , that the Zoning Board of Appeals of the Town 'of Ithaca grant and hereby does grant a variance from the provisions of Article 3 , Section 4 , paragraph 2 , of the Town of Ithaca Zoning Ordinance to Mr . and Mrs . James J . O ' Connor for a two - family dwelling unit at 307 Blackstone Avenue . The sum total of both dwelling units may not exceed 2 , 200 sq , ft . and all other provisions of the Zoning Ordinance with regard to side and front yards shall be complied with . The MOTION was carried unanimously with the vote as follows : Aye - Francese , King , Austen , Ripley , Hewett . Nay - None . ADJOURNMENT , Upon Motion by Mr . Edward King , d seconded by Mr . Edward Austen , the Chairman closed this meeting at 9 : 15 p Respectfully submitted , Nancy M . Fuller , Peter K . francese , Chairman Secretary. Zoning Board of Appeals Town of Ithaca 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 ; ( Ithaca Journal ) Notice of Public Hearing before Zoning Board of Appeals at Town of Ithaca Offices at 108 E . Green tree , Itnaca , New YarX , 15n Sepreriber 30 , 1914 , at 8 : 00 . m . , to consider appeal of Mr . & Mrs . James J . O ' Connor from the decision of the Zoning 1cer en =two - family home with second unit more than 50 % of primary unit at 307 Black - stone Ave . — Location of sign board used for ostin ; Entrance to Town Offices at P g 108 E . Green Street , Ithaca , New York ( third floor ) Date of Posting ; September 25 , 27 , 1974 Date of Publication ; September 25 , 27 , 1974 . Edward . L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 30th day of September 19 74 , zl NOTARY JOS, 7PH _?. ' UTAMLE AML Notary Fabric, `hate of New York No. 5 - i ;117134 Qualified in To nplcins Covny Term Expires A�f ,"'Ch 30, 19_ AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y . 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 ; ( Ithaca Journal ) Notice of Public Hearing before the Zoning Board of Appeals at Town of to consider appeal of Haag & white re building of three two - family homes ; light industrial use by Morse Chair Co . in a commercial zone , granted Sept . T972 for 2 years ert 222 8;ti& A Palle Rd ( OwFlEed by Ideman ) r a- p-d. to hear all persons in support of such matters or objectors thereto . Location of sign board used for posting ; Entrance to Town Offices at 108 East Green Street , Ithaca , New York Date of Posting : September 25 , 27 , 1974 Date of Publication ; September 25 , 27 , 1974 Edward L ., Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 30th day of September ; , 19 74 . /d • NOTARY JOSEPH A. RUNDLE Adnbk Notary Public, State cf New York No. 55 -450li 34 Qualified in Tom_, ki;ls Courit r Te.rn 13_: ; res Ida_ ch 'I'UWN ifF I TIiACA Notice of pablle Hearing - Zoning.BU.AC.I Appeals By direction of the Chairman df the Zoning board of } Appeals notice is hereby given that a public hearing I will be held by the Zoning Board of Appeals unuer the ' {Zumng Ordinance of the 'l own of Ithaca or the 30111 day lot September, 1974 at 7:30 p.m. at the 'I'own Ullice. ION f .1E. (ireenSt. , on the lulluwmgnnalters : t Appeal. 'ot Ilaag & White, Appellant. from the decision of the Zoning officer denying permission for )building at three two-family honnes with units of equal size at 730 Five Mile Ur.. 103 & 111 Fidler lid. Permit is denied by the Zoning Officer , Section 4. Paragraph 2 of the Zoning Ordinane. Appeal rf 1'&C Food Market Inc.. Appellant, tram the decision of the 'Luring Otticer denying permission to extend special permit allowing light industrial use b) Morse Chain Co. in a commercial tone, granted Sept. 1972 tor 2 years at 222 Judd Falls Bd. towned b) Idemmill. Permit is denied b) the Zoning Officer as, '; I original permit will expire Oct. 1, 1974, Said Board of Appeals, will at said time and place qW hear all persons in support of such matters or obfec- lions thereto. Persons may appear by agent or in per-1, I sun. LAWHE\CE FABBHUNI Zoning Utticer � U a t e d 9( 1 97 — 4 Fit 75 2.7 1974 t 1 TOWN OF ITHACA Ij Notice of Public Hearing- ( Zoning Board of Appeals By direction of the Chairman of the Zoning Board of I Appeals notice is hereby given that a public hearing I will be held by the Zoning Board of Appeals under the j Zoning Ordinance of the Town of Ithaca on the 30th day- , of September, 1974 at 8:00 p.m. at the Town office, 108 1 - jE. Green St. on the following matters: Appeal of Mr. & Mrs. James J. OC'Connor, Appel- I lant, from the decision of the Zoning officer denying permission for building of a two family home with, second unit more than 505k of primary unit at 305 Blackstone Ave. Permit is denied by the Zoning Officer I under Section 4, Paragraph 2 of the Zoning Ordinance.-- I Lawrence P. Fabrora oni Officer el 1 9/25-9/27 f . a � L � � � MORSE CHAIN , ITHACA , NEW YORK 14850 TELEPHONE 607 - 272 - 7220 R Gam . WARMER August 29 , 1972 Mr . Dave Cowan ; Zoning Officer Town of Ithaca Dear Mr . Cowan : Morse Chain desires to lease the building and premises , owned by .George Ideman , located at 10 - 12 Judd Falls Road ( formerly used by P & C Market ) . Per discussions held , we understand that this may require a variance to the zoning ordinance since . Morse ' s operations could be considered Light Industrial . Morse intends to conduct an electrical assembly operation at this location , for their motor controls division . ' The work involved in this operation consists of light electrical assembly which could be realistically compared to many of the uses designated under the Business " C" category such as electric shop , plumbing shop , heating shop , and others . There are 28 people involved in the operation ; 16 are women assemblers and the remaining 12 are management , engin - eering , and clerical personnel@ We are - requesting a hearing - before the Zoning Board of Appeals to present this matter . Enclosed is a check for $ 7 . 50 covering the fees involved . The conditions at Morse are of an urgent nature . A meeting in the very near future will be appreciated * Sincerely , cc : D . Powers Re Curran Chairman Vice President - Plant Manager Zoning Board of Appeals : ok t L