HomeMy WebLinkAboutZBA Minutes 1975-07-16 4:
TOWN OF ITHACA
ZONING BOARD OF APPEALS
JULY 16 , 1975
A Meeting of the Town of Ithaca Zoning Board of Appeals was.
held in the Town of Ithaca Town Hall , 126 East Seneca Street , ( second
floor ) , Ithaca , New York , on Wednesday, July 6 , 1975 , at 7 : 30 p . m .
PRESENT : Chairman Peter Francese , Edward Austen , Edward King ,
Jack Hewett , Reynolds Metz ( Assistant Building Inspector ) .
. ALSO PRESENT : Stanley Tsapis , Attorney for Dennis and Diane
Zutant , Appellants ; Mr . Dennis Pulvino , Mr . Mahlon Perkins , Attorney
for Mr . Pulvino ,
The Meeting was called to order by the Chairman at 7 : 45 p . m .
PUBLIC HEARING : APPEAL OF DENNIS V . AND DIANE L . ZUTANT , APPELLANTS ,
FROM DECISION OF BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE
FOR PROPERTY AT 147 RIDGECREST ROAD , PARCEL NO . 6- 45 - 2 - 19 . 2 . SUCH
CERTIFICATE IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V ,
SECTIONS 21 AND 23 , OF THE "ZONING . ORDINANCE .
Chairman' Francese declared the Public Hearing in the above -
noted matter duly opened at 7 : 45 p . m .
Jdak
Chairman Francese read the Appeal as published in the Ithaca
Journal on July 10 , 1975 , and presented for the record the Town
Clerk ' s Affidavit of Posting and Publication of said Appeal . Mr .
Francese then presented for the record the Secretary ' s Affidavit of
Service by Mail of the Notice of Public Hearing duly mailed to the
neighbors of the Zutant property . Mr . Francese then presented for
the record the Appeal presented to the Zoning Board of Appeals dated
July 7 , 1975 , duly signed by Stanley Tsapis , as Attorney- in- fact for
Dennis and Diane Zutant ,
Mr . Tsapis noted that the property is located in an R- 30 Zone
where there is required a 40 ' side yard and 150 ' frontage . and 30 , 000
square feet in the lot . Mr . Tsapis noted that the property does comply
with the square footage requirement . He also noted that one side yard ,
on the garage side is 37 ' which is well over the 15 ' requirement .
However , the frontage is only 124 ' and the other , side yard is 25 ' which
is 15 ' short of the 40 ' requirement .
Mr . Tsapis noted that in 1954 on the original parcel which was
224 ' x \2471 on the north and 234 ' on the south and 258 ' on the rear , Mr .
Paul Tanner constructed a residence which at that time conformed to
the zoning requirements of the Town of Ithaca - - 10 ' side yard was
required at that time . In late 1971 Mr . Tanner sold a piece of this
original parcel to Mr . and Mrs . Randall Hausner who was building under
the auspices of TOMPCO . The new Hausner residence was about half
built when Mr . . Hausner was appraised of the fact that his lot was not
in compliance . A variance was granted to the Hausner lot by the
Zoning Board of Appeals on February 2 , 1972 , which was an adjourned
meeting of January 11 , 1972 , with the Board noting the fact that the
other lot ( Tanner ) was now not legal . Tanner then sold to Zutant ,
the present applicant , on August 21 , 1973 .
Zoning Board of Appeals - 2 - July 16 , 1975
Mr . Tsapis further stated that the Zutants have been transferred
out of the County and wish to sell their house to Dennis and Janice
Pulvino , The Attorney for the Ithaca Savings and Loan Association
has stated that a mortgage arrangement cannot be made until a
Certificate of Compliance has been obtained , the issuance of which
requires a variance . for frontage and side yard .
Mr . Tsapis noted that the Hausners have no objection to the
granting of the requested variance . There is 59 ' between the two
houses with large bushes separating the residences very well . The
Zutant house which the Pulvinos wish to purchase has been there since
.1954 and the Hausner house has been there at least three years .
Mr . Francese commented that if this house were in an R- 15
zone it would comply . It is in R- 30 . Under the proposed zoning
ordinance it would comply .
Mr . King asked for clarification as to what respects this
lot does not comply . Mr . Francese stated that the lot contains
27 , 000 sq . ft . instead of 30 , 000 sq . ft . ; the frontage is 124 '
instead of 1501 ; the garage side yard is okay but the house side
yard is 25 ' instead of 40 ' on the south side lot line . Mr . Francese
also noted that the date of the Hearing on Hausner was January and
February of 1972 .
Chairman Francese asked if. the Board had any further questions .
There were none . Chairman Francese asked if there were anyone present
who wished to voice objections to the appellant ' s request for a
variance . There were none .
MOTION by Mr . Edward King , seconded by Mr . Jack Hewett :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
find and hereby does find that it would be an undue hardship and ,
indeed , an impossibility , to require that the property known as
147 Ridgecrest Road , Parcel No . 6 - 45 - 2 - 19 . 2 , Town of Ithaca , New York ,
be brought into compliance with the Zoning Ordinance since two struc -
tures already exist and the non- conforming southern portion of the
original parcel has previously received a variance . And , further,
since no neighbors have appeared objecting to the matter , and the
Board is on notice that this area is likely to be rezoned to R- 15
requirements , under which this particular property would be in full
compliance , said Board hereby grants the requested variance to approve
this lot as it stands .
Aye - Francese , Austen , Hewett , King .
Nay - None .
The MOTION was declared to be carried unanimously .
The Chairman declared the Public Hearing on the Zutant Appeal
Adak
duly closed at 8 : 30 p . m:
Zoning Board of Appeals - 3 - July 16 , 1975
LAKESIDE NURSING HOME APPEAL - JULY 9 , 1975 - FINDINGS OF FACT
As noted in the determination made by the Zoning Board of
Appeals of the Town of Ithaca on the Appeal of Lakeside Nursing
Home , Inc . , at a Public Hearing held on July 9 , 1975 , said Board
rendered the following Findings of Fact in said matter and which
Findings are a part of the Resolution of said Board denying
extension of the parking lot to add 22 spaces near the southeasterly
corner of the Lakeside Nursing Home , Inc . property .
The Lakeside Nursing Home , Inc . having applied for permission
to expand the parking space at the Lakeside Nursing Home ( Parcel No .
6 - 26 - 4 - 46 . 1 ) at 1229 Trumansburg Road , pursuant to Town of Ithaca
Zoning Ordinance Article V . Section 18 , paragraph 11 , such requested
expansion being for 22 spaces near the southeasterly corner of its
property , adjacent east of the Davis premises ;
The Board , in denying extension of the lot into that area
but granting permission for construction of an additional 36 - car
lot on the lower elevation to the east of the existing building
( with a recommendation that employees of the Home be required to
utilize this lot , and that parking spaces closer to the building
and its present main entrance be reserved for visitors and patients ) ,
makes the following findings :
1 . Additional parking spaces , beyond the '94 now available ( viz .
including those for medical and supervisory personnel ) are not only
desirable , but may well be mandated by the provisions of Section 69 ,
paragraph 2 of the Zoning Ordinance ,
2 . All of the present parking is on the south part of the lot
where it is plainly visible from the public highway and from the
residential lots immediately south of the Home , the visual impact
being quite negative .
3 . Extending the parking area farther south ( east of the Davis
property ) as requested would adversely affect the Davis property and
would blight their view to the east -- which is now a most scenic
view of Cayuga Lake and the hills to the east , except only for the
incursion of the Home ' s parking lot .
4 . Alternate proposed additional parking sites in the front
of the Home (viz . to the west of the building ) might well detract
from the considerable beauty of the Home as it now . stands ( except
for its driveway and parking areas to the south ) , and they present
problems of distance from readily usable entrances to the building
( from the standpoint of security ) .
5 . Outdoor recreational and walking areas for patients are
presently provided in a secure interior courtyard area , and in
another open courtyard area on the north side of the building - -
away from all sites considered here for parking .
6 . The alternate 18 / 36 parking space area that could be
located to the east of the building would be at a lower level , not
visible from the highway , and not highly visible from patient areas
within the building itself , according to the opinion of the three
Zoning Board of Appeals - 4 July 16 , 1975
AEk
members of the Board who toured the building in connection with
this matter- .
7 . The petitioner verified that the site in question would be
required for possible out-patient care in the future so that
alternate uses of this space would be very temporary at best .
8 . Grading and drainage and vehicle circulation for this
proposed parking site could easily be adapted to existing topography ,
rear yard storm drainage system , and existing parking areas
respectively .
9 . It would be least detracting to the general appearance of
the grounds , and to the scenic views presented to all residents
in the area , as well as to the travelling public , to site all
additional parking to the east (viz . " behind " ) of the building ,
especially if it be done on a tiered or terraced area at descending
elevations as the present topography seems to lend itself to . It
is to be hoped that additional land to the east of the Home ' s
present lot could be acquired with future expansion of the parking
lot in that area in mind , ' even to shifting some of the present
parking from the south part of the lot thereto .
10 . So locating the parking lot to the east of the building would
help soften the impact of the facility on the neighborhood , to the
benefit of all , rather than resulting in the extension of the visual
blight which is now so apparent .
One final minor pointhis that the New . York State Department of
Transportation , .. : Division of 'z" Hirghways ( Third - Street Extension , Ithaca ,
N . Y . ) and this Board strongly suggest an improved , wider and thereby
safer access intersection at Trumansburg Road which could be done
when the new parking. area is built .
12 . The Board also finds the existing driveway entrance inadequate
and recommends that the entrance driveway be widened to the maximum
allowed by the State of New York Department of Transportation . This
was the original intention of the directive made following the
November 21 , 1972 , Zoning Board of Appeals meeting .
13 . The Board further recommends that the existing island be
removed and not replaced unless a much better design can be engineered .
APPROVAL OF LETTER FROM BUILDING INSPECTOR IN RE RAMIN MATTER
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , that the Zoning Board of Appeals approve and hereby
does approve the letter written by Mr . Lawrence P . Fabbroni , Building
Inspector , Town of Ithaca , under date of July 16 , 1975 , to Mr . and
Mrs . Richard Ramin in response to the Board ' s recommendation at the
July 9 , . 1975 , meeting with a copy of said letter to be sent to Mr .
and Mrs . Lambert and Mrs . Gracie Bush .
Aye - Francese , Austen , Hewett , King .
Nay - None .
Zoning Board of Appeals - 5 - July 16 , 1975
The MOTION was declared to be carried unanimously .
ADJOURNMENT
Upon Motion , the Chairman declared this Meeting of the Zoning
Board of Appeals of the Town of Ithaca adjourned at 9 : 05 p . m .
Respectfully submitted
Nancy M . Fuller
Secretary
Peter K . Francese , Chairman
Zoning Board of Appeals
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•
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 the Zoning Board
of Appeals , July 16 , 1975 at 7 . 30 p . m . to consider Appeal of Dennis V .
and Diane L . Zutant , Appellants , from the decision of the Building
Inspector denying Certificate of Compliance for property at 147 ' Ridgecrest
Road ( 45 - 2 - 19 . 2 ) , denial based upon Article V , Sections 21 and 23 , of the
Ask
ZonOrdinance .
ocai on of sign board used for posting : Entrance . to Town Offices at
126 E . Seneca Street , Ithaca , N . Y .
Date of Posting : July 8 , 1975
Date of Publications July 10 , 1975
Edward Bergen
Town Clerk
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca
Sworn to before me this 16th day of July 1975 ,
NOTARY
GERTRU '.37, BERGEN
Notary Puri:::, :: ha:e or New Yor ,
No. 55-5278/25
Qualified in Tompkins County
Term Expires March 30, 19,21�L
A
Thursday , July 10 , 1975 ITHACA. J61JRNAL • 23
Legal Noticei15 Pers al Notices 25 Nursery 8
Clas � 1fted 1pREGNANT ? Need help? We core La dscape
- - _ _ about you , P gnoncV testing
In-
DEADLINE FOR formation . Cc II Alter
ndtiveany- NEW - LAWN ioNsfRUCTIO.N .
LEGAL ADVERTISING !• tiling time. 273-5433. Ithaca Ltlndsca a Service 347-347-4280TUESDAYthruFRIDAY, ii Y after 5 pm :
I7d�
TtlaysBEFORE publication WE PICKUP hole, old used cars— . RAILROAD 'TIE adaitobi
Saturda�f and Monday free ! Call 272- 544. Aire, Building 5 pees, 327-
10: 00A.M. e " Road: T73-2151 . .
{
T days BEFORE publication NO ICE I`O , LO t & *Found
Clafflfied dvertifing -LOST : Silver ovatcho square face,
! Copy reques ed by 12:00 " mos. Contact o newhere in 6.923-4881collect.
Tom - 'ns County TrusTComoany to Noon the ay befoie, I - 1
t •� North Ti Street, Ithaca, New ark, LOST : man's old ring with white /
will sell at ction, a Thur Publi otion. , cameo head. Sentimental value.
v, July (Some time ag vicinity Hudson St.
17, 1975, of 7 m„ -repos inven- '(Copy accepted afte 12 noon Fri. will not $250 Reward. o questions asked. /
tory previously Id by I a Foreign appear un it Tues. ) $250 50, ask . Chris. - `
Auto Service Inc., 07 allow Avenue, ”- '
Ithaca, New York:
Said inventory s Ing of assorted 7 L LOST : kitten, Collegetown, vr�
foreign car part shop Is, and items ' IO Card f Thanks ISaturdov, 5th. Mole, all W�
ofofficeequip enT. :months , 272-79 .
Terms - I be cosh, ctioneer WE WISH TO TH NK everyone for i -
, Groveldin Auction Service. ation their cards,. gift and their often- LOST JULY 6—Wr•
of sale, nderson Trucking & age, . _ - Stewart Park vir'
dance aT our Go den Anniversary 1256-6530. Rewar'
,. Ken Avenue, Ithaca, New Yor which was such q I appy occasion for : J -
Ju , 9, 10, 1975 us. L05T—S5��
Ji 8, Ethel Marquis, part col`
NOTICE TO BIDDERS- WE WISH 'TO HANK all our Yonr'
Pub ' Bids wil l be received at the Ad- friends, relatives, HANKnd neighbors for fO
j ministra s Office of the Tompki their many cards gifts and kind-�
t County Ho ital, 1285 Truman rg
Road, Ithaca, w York, at 2: .M. nesses on the dcc siom Oi our 401►
- 'on Wednesday, Y 23, 197 on the Wedding Annive sary , Johr'
. following item. • Laura Scotton: "
THERMOMETER STEM
Detailed bid forms o s ifications 15 PersonaV
may be obtained at a Purch ing Of-
fice. -The Board a onagers r rves AFTER 16 YEN' ."
•the right to rej , any and all bi in from The Sev'
wholeorinpa For So "
FrancisHazard, Buver Hubbee`
Tompkins County Hospital
July 7; , 9, 10, 11 , 1975 _ 'r
' TOWN OF ITHACA {
` NOTICE OF PUBLIC HEARING
1
ZONING BOARDOFAPPEALS h
JULY16, 1975
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 Ap-
peals under The Zoning Ordinance of the
Town of Ithaca on the 16th day of July,. ,
1975, in The.Town Hall,
6 East Seneca Street, (second floor),
Ithaca, New York, at the following time, II
and on the following natter: ,
7:30 p,m. - Appeal of Dennis V. and
Diane L. Zutant, Appellants, from the
decision of the Building InspectordenY-
Ing Certificate of Compliance for pro.
Perty at 147 Ridgecrest Rood, , Parcel
No. 6-45-2-19.2. Such Certificate- is de- 1t
nied by the Building Inspector under ' I
Article V, Sections 21 and 23, of the Zoo-
ing 0rdinance.
Said Board of Appeals will at said
time and said place hear all persons in
I - support of such matter or objections
thereto. Persons may appear by agent
11 or in person.
Lawrence P . Fobbroni Building I
• _ Y _ - Inspector
-- Towdof ittfuca -- -
Dated : July 8, 1975
. Publish : July 10, 1973\., ,
r
AFFIDAVIT OF 'SERVICE BY MAIL
STATE OF NEW YORK ) SS '
COUNTY OF TOMPKINS )
Nancy M . Fuller , being duly sworn , deposes and says , that
deponent is not a party to the action , is over 21 years of age
and resides at 316 Turner Place , Ithaca , New York .
That on the 9th day of July , 1975 , deponent served the
within Notice upon :
Randall & Judith . Hausner Richard & Elizabeth Perenyl
149 Ridgecrest Road 148 Ridgecrest Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Lawrence & Gertrude Gray Lyria B . Hailstork
155 Ridgecrest Road . : 152 Ridgecrest Road
Ithaca , N . Y . 14850 Ithaca ; N . Y . 14850
Michael & Frances Vanorman Richard & G . H . Brown , Jr .
145 Ridgecrest RoadLi 139 Ridgecrest Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Edward & Barbara Jones Dennis V . & Diane L . Zutant
250 Troy Road 147 Ridgecrest Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Stanley & Anna Biskup Stanley Tsapis , Esq .
144 Ridgecrest Road Wiggins , Tsapis , Holmberg & Gers
Ithaca , N . Y . 14850 Attorneys - at- Law
308 North Tioga Street
Fred & Jennifer Wilcox Ithaca , N . Y . 14850
142 Ridgecrest Road
Ithaca , N . Y . 14850
By depositing same enclosed in a postpaid addressed wrapper ., .,
in a post office under the exclusive care and custody of the
United States Post Office Department within the State of New York ,
Nancy M . Ful er
Sworn to before me this
9th day of July , 1975 .
Notary Public
GERTRU D fd. LiRI:� F;N
Notary Public, state of New York
No. • 55-5278725
Qualified in rn30, 19�
berm Expires Mach
t
TOWN OF ITHACA
NOTICE OF PUBLIC HEARING
ZONING BOARD OF APPEALS
JULY 161 1975
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 under the Zoning Ordinance of the Town of
Ithaca on the 16th day of July , 1975 , in the Town Hall , 126 East
Seneca Street , ( second floor ) , Ithaca , New York , at the following
time and on the following matter :
7 : 30 P . M . Appeal of Dennis V . and Diane L . Zutant , Appellants ,
from the decision of the Building Inspector denying
Certificate of Compliance for property at 147
Ridgecrest Road , Parcel No . 6 - 45 - 2 - 19 . 2 . Such
Certificate is denied by the Building Inspector under
Article V , Sections 21 and 23 , of the Zoning
Ordinance ,
Said Board of Appeals will at said time and said place hear
all persons in support of such matter or objections thereto . Persons
may appear by agent or in person .
4ad�
Lawrence P . Fabbroni
Building Inspector
Town of Ithaca
Dated : July 8 , 1975
Publish : July 10 , 1975
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This residence was constructed in 1954 by Mr . Paul �r on a lot • wh�ch_ ,
was 224 ' X . . 2 -47 ' on the North and 234 ' on the South ,and,..: :258 na tIie. zear
( see at'tached•" survey map ) . All zoning requirements were met .
• __._ i s'. a •'tiu II..C'Yvi Ati:�_..J<: ..� w,.....•:. .-:".�,. ,,.ve_.. .rW1 . _.C:Tt ....ua. . .:a _ . . , : - .....:,-.u.P:S,:t•. .�:..='r.•>:s5� s .. s •a> t1r i ^u:_:w:ar...:,,a`S::T.:nt.ea:<v� -
In 19-71"• , Tanner sold a piece of this lot to a Mr . . & Mrs . ` Haus ter . Said
sale caused both lots to be in violation of .,_the'.:..then. ..zon ngx:::or- d' nance ,.
r .^u•:- ;'JY• K «•aLi�<x-._'r••J.h:.�.1' s ' :-.- ..ra _ ,
Hausner b"egah* dbns �ruct on of a Tompco & FHA financed house and when they .
were half completed they learned of their , viol:ations.,.> .n.•.:Hau-snexr,ahenrxmade
application "for a variance and at a meeting on January 111 , 19-72 , the Board
of Zoning Appeals granted a lot size variance_ to _Hau,seerh and4 =.in ::.,>the .course
CL, z'w ' ars, m. .. .n armr , s.rt_ ry
of doing so became aware of the Tanner ' s . lot being in violation of the Ccont . I
WIGG " TS`A ' m Hr : �' : RG�v& GERSH
1•Jr N : fint.7 . July 7 , 75 B
LL....M�..3 . t • :. l a .:.Ub' �SIVY ..'1TrCa1J,i^`.)r • •:Y .nQ 1` n4etni £ ac iJ OHW1iJCi' 3M4�+..
Y , C iY
ENNIS & - DIANE ZUTANT
1
zoning . ordinance . ; Tanner then sold to Zutant , the present applicant
on August 21 , 1973 :
Zutant has now been transferred out of the County and seeks to 'sell the
property to Dennis & Janice S . Pulvino . The Ithaca Savings ' & Loan
refu'sed to lend money for this purpose unless a variance is granted .
The problems created by the sale to Hdusner with regard to this lot arei
124 ' frontage instead of 150 ' , and 25 ' south side yard instead of 40 ' .
Since this condition has existed for three years plus , there would be
no change in condition of the neighborhood . Mr . Hausner bought his lot
with full knowledge and has himself obtained a variance . Mr . & Mrs .
Zutant ' s hardship is substantial as can be readily ascertained from
this application .
Wherefore , we respectfully request a variance as set forth above .
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Ithaca, New York 14850
TOWN OF ITHACA
ITHACA, NEW YORK
14850
July . 18 , 1975
Mr . Richard Ramin
5 Brook Haven Drive
Ithaca , New York 14850
Dear Mr . Ramin :
At the request of the Zoning Board of Appeals ,
and in response to concerns of the neighbots surrounding
your property at 132 Forest Home Drive , I am writing to
clarify a few points in the decision rendered by the
Board on March 19 , 1975 .
First , that the " two one -bedroom apartments . . .
be subject to - R- 15 residential requirements " in essence
means that your entire second floor will be subject to
occupancy requirements of a two - family home . The parti -
culars of these occupancy requirements are outlined in
Aft the enclosed zoning amendment .
qW
Second , in consideration of the fact that a
multi - family use is allowed on a lot much smaller than
the normal acre required and the parking area consumes
most of your lot , the Board again urges you to improve
and maintain in good order the existing parking lot and
to consider a physical or plant barrier to screen fumes
and noises from the adjacent Gracie Bush property .
Sincerely yours
Lawrence P . Fabbroni
Building Inspector
LPF/nf
enclosures