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HomeMy WebLinkAboutZBA Minutes 1977-05-23 -�cN'�.�...�- r F � _ __ . f I f 4 I f E i E f � . — = TOWN OF ITHACA ZONING. BOARD OF APPEALS MAY 231 1977 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 , N . Y . , on Monday , May 23 , 1977 , at 7 : 30 p . m . PRESENT : Chairman Peter Francese , Jack Hewett , Edward Austen , Lawrence Fabbroni ( Building Inspector ) . ALSO PRESENT : Councilwoman Catherine Valentino , Mark Goldfarb , Johann Gebauer , Alan Goodman ( Ithaca Journal ) . Chairman Francese called the meeting to order at 7 : 45 p . m . APPEAL OF ROBERT F . AND OLYMPIA McFALL , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS IN A TWO - FAMILY DWELLING AT 235 CODDINGTON ROAD , PARCEL NO . 6 - 54 - 7 - 44 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTIONS 4 , p . 2a , AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III , SECTION 4 , p . 2c , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 45 p . m . Chairman Francese read the Appeal as published and as noted above . ® Chairman Francese asked if there were present any persons wishing to be heard . There were none . Mr . and Mrs . McFall were not in attendance . Mr . Francese suggested that the hearing be adjourned -until 8 : 00 p . m . on the 14th of June , 1977 . Mr . Francese noted that this hearing was duly posted and published and the parties to the action notified as attested to by the Town Clerk and the Secretary by Affidavit . With the concurrence of the Board , Chairman Francese declared the Public Hearing in the matter of the Appeal of Robert F . and Olympia McFall adjourned until June 14 , 1977 . APPEAL OF DAVID B . BOWLSBY , AS AGENT FOR LEO M . WELLS , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SIGN PERMIT AT 912 EAST SHORE DRIVE , PARCEL NO , 6 - 18 - 2 - 8 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE XII , SECTION 54 OF THE TOWN OF ITHACA ZONING ORDINANCE AND SECTION 19 OF LOCAL LAW NO , 1 - 19720 A brief discussion was held by the Board on the above - noted matter since it was not yet 8 : 00 p . m . , the time scheduled for the public hearing . It was noted that the matter concerns an application for sign permit for " East Shore Antiques " , located at 912 East Shore Drive . Mr . Fabbroni referred to the building use and stated that it is a non - conforming use ever since the Zoning Ordinance was put into effect in 1954 . Mr . Bowlsby stated that he had improved the property . Mr . Fabbroni stated that the Sign Ordinance is not clear on signs for non - conforming uses . He noted that this Board rules on signs in Zoning Board of Appeals - 2 - May 23 , 1977 a residential area under 25 sq . ft . ; anything over 25 sq . ft , is in ; the Planning Board and the Town Board scope of approval , therefore , this ® request for sign approval is before this Board . He stated that the area is a residential zone , even though this matter is related to a non - conforming use . Mr . Fabbroni pointed out that if this sign is approved and put up , the appellant , or his agent , will have to go to the State for approval of the location that he is p .roposing; . for the sign . The State requirement is that signs must be 660 ' from a State right of way . Mr . Francese noted that the building is set back 45 ' and . the sign is requested for a 15 ' set back . He stated that the Town set back requirement is met , but the State set back is the problem . Mr . Francese asked Mr . Bowlsby how long he has conducted this antique business . Mr . Bowlsby replied that he� has not conducted it yet he opens on June 1st , 1977 . Mr . Francese asked if anybody lives in the building ? Mr . Bowlsby replied that no one lives there . Mr . Francese asked where the premises are located in relation to the Marina ? Mr . Bowlsby replied that it is two or three lots south , being the 4th house past the overpass ( Route 13 ) . Mr . Francese asked what was there before this new business . Mr . Bowlsby replied that all kinds of things were there - - a bait shop , a restaurant - - all sorts of things . Mr . Bowlsby stated that he has improved the property a lot ; he has planted grass and flowers . Mr . Austen queried , " The building is a legal non - conforming use ? " Mr . Fabbroni replied , " Yes . He has a legal non - conforming use . " Mr . Fabbroni also pointed out that the sign , no matter how small it is , is an addition to a legal non - conforming use . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 00 p . m . , and accepted for the record the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on May 16 and May 18 , 1977 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the parties to the action on May 18 , 1977 . Chairman Francese read the Appeal as published and as set forth above . The Appeal Forms signed by David B . Bowlsby , dated May 91 1977 , and reading as follows , was also entered into the record . " . . Having been denied permission to put up a sign for business in a residential zone area at 912 East Shore Drive . . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Building set back 451 , passer - by ' s can ' t see it with out a sign . " Chairman Francese asked if there were anyone else here present to speak for or against this matter . There was no one who wished to speak . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant permission for the erection of a sign , 2 - 1 / 2 ' x 4 ' , reading " East Shore Antiques " " Used Furniture " " Odd Zoning Board of Appeals - 3 - May 23 , 1977 Things " as shown on - app lication for sign permit dated May 5 , 1977 , and located 15 ' from the highway right of way line on Parcel No . 6 - 18 - 2 - 8 , 912 East Shore Drive , Ithaca , N . Y . , with the stipulation that said sign may be erected only upon the approval of its location by the New York State Highway Department . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public , Hearing in the matter of the Appeal of Leo M . Wells , David B . Bowlsby as agent , duly closed at 8 : 10 p . m . DISCUSSION A discussion of the matter of occupancy , both violations and requirements , in the Town of Ithaca followed . ADJOURNMENT Upon Motion , the Chair declared the May 23 , 1977 , meeting of the Zoning Board of Appeals duly adjourned . Respectfully submitted , Nancy M . Fuller , Secretary . f Peter K . Francese , Cha -an Zoning Board of Appeals AFFIDAVIT OF POSTING ® TOWN CLERK ' S OFFICE ITHACA , N . Y. I , Edward L . Bergen , being duly r 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 ) Public Hearings per attached . . cation of sign board used for posting ; Entrance to Town Offices - at 126 East Seneca Street , Ithaca , New York Date of Posting ; May 16 , 1977 Date of Publication : May . 18 , 1977 • Edw L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 19th day of May 19 77 ' 0 NOTARY GERTRUDE H. BERGEN Not"' Public, . State of New York No. 55:3278725 Qualified Tompkins ,9 n E res March 0 67 Wednesday, May 18, 1977 ITHACA JOURNAL 23 Legal Notice TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 23, 1977 By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hear- ings will be held by the Zoning Board of Appeals under the Zoning Or- dinance and Sign Law of the Town of Ithaca, on Monday, May, 23, 1977, in the Town Hall, 126 East Seneca Street (second floor ) , Ithaca, N.Y. , at the following times and on the following matters: 7 :30 P.M. Appeal of Robert F. and Olympia McFall, Apppellants, from the decision of the Luilding Inspector ® denying building use more than three unrelated boarders, roomers, lodgers, or other occupants in a two- family dwelling at 235 Coddington Road, Parcel No. 6.54-7-44, Ithaca, N.Y. Permission is denied under Arti- cle, III, Sections 4, p. 2a, and Special Permit is requested under Article III, Section 4, p. 2c, of the Town of Ithaca Zoning Ordinance. 8: 00 P.M. Appeal of David B. Bowls- by, as agent for Leo M. Wells, Ap- W11ant, from the decision of ' the Building Inspector denying sign per- mit* at 912 East Shore Drive, Parcel No. 6-18-2-8, Ithaca, N.Y. Permission is denied under Article XII, Section 54 of the Town of Ithaca Zoning Or- dinance and Section 19 of. L.ocal Law No. 1-1972. ' Said Board of Appeals will at said limes and said place hear all persons in_suppoit of such matters or objec- tions thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni , - Building Inspector Town of Ithaca Dated : May 16, 1977 May 18, 1977 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS ® MONDAY , MAY 23 , 1977 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 and Sign Law of the Town of Ithaca , on Monday , May 23 , 1977 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Appeal of Robert F . and Olympia McFall , Appellants , from the decision of the Building Inspector denying building use by more than three unrelated boarders , roomers , lodgers , or other occupants in a two - family dwelling at 235 Coddington Road , Parcel No . 6 - 54 - 7 - 44 , Ithaca , N . Y . Permission is denied under Article III , Sections 4 , p . 2a , and Special Permit is requested under Article III , Section 4 , p . : 2c , of the Town of Ithaca Zoning Ordinance , 8 : 00 P . M . Appeal of David B . Bowlsby , as agent for Leo M . Wells , Appellant , from the decision of the Building Inspector denying sign - permit - at 912 East - -Shore -- Drive -; - Parce3- No - 6 - 18 - 2 - 8 , Ithaca , N . Y . Permission is denied under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance and Section 19 of Local Law No . .1 - 1972 . Said Board of Appeals will at said times and said place hear all persons -in support of such matters or objections thereto . Persons may appear by agent or in person . ® Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : May 16 , 1977 Publish : May 18 , 1977 I AFFIDAVIT OF SERVICE BY MAIL j 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 actions , is over 21 years of age and resides at 316 Turner Place , Ithaca , N . Y . That on the 18th day of May , 1977 , deponent served the within Notice upon : Robert F . and Olympia McFall Box 50 , R . D . # 1 Spencer , N . Y . 14883 Leo M . Wells 142 East State Street Ithaca , N . Y . 14850 David B . Bowlsby 818 North Aurora Street 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 Statey. of New York . Nan y M . F 'ler Sworn to before me this 23rd day of May , 1977 otary Public GERTRUDE H. BERGEN Notary pubUci Statil of New York No, 55-5$98= Qualified in s amp ins C Term Exp e TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MOITDAY , MAY 23 , 1977 By direction of the Chairman of the Zoning Board of Appeals , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zonina Board of Appeals under the Zoning Ordinance and Sign Law of the Town of Ithaca , on Monday , May 23 , 1977 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Appeal of Robert F . and Olympia McFall , Appellants , from the decision of the Building Inspector denying building use by more than three unrelated boarders , roomers , lodgers , or other occupants in a two - family dwelling at 235 Coddington Road , Parcel No . 6 - 54 - 7 - 44 , Ithaca , N . Y . Permission is denied under Article III , Sections 4 , p . '2a , and Special Permit is requested under Article III , Section 4 , p . . 2c , of the Town of Ithaca Zoning Ordinance , 8 : 00 P . M . Appeal of David B . Bowlsby , as agent for Leo M . wells , Appellant , from the decision of the Building Inspector denying sign permit at 912 East Shore Drive , Parcel No . 6 - 18 - 2 - 8 , Ithaca , N . Y . Permission is denied under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance and Section 19 of Local Law No . 1 - 1972 , Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : May 16 , 1977 Publish : May 18 , 1977 TOWN OF ITHACA NEW YORK _ s A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York Having been denied permission to ?aq f2m 040 lilty 450044r � IA,i A�_� .4 at � � S^ tze , Ithaca , New York 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 Alt Section(s ) � fi 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 Signed / Dated : Ithaca , N - Y . / 197 MIA SIGN APPLICATION AND PERMIT . FEE : $ 5 . 00 - APPLICATION PLUS $ 1 . 00 PER SQ . FT . AREA OF EACH SIGN . APPLICATION DATE : - - PEERMIT.. � �'� DATE KING DISTRICT r4e ' /< TAX MAP PARCEL- - - - -�"-��_�_ - - - - - - - - - - - - S �. Eo � . w E � � s TELPHo APPLICANT ADDRESS / N,, /`//� 0 CO (z z co PROPERTY OWNER 1 f 5 - o ADDRESS-_% /t/ -' � 1 TELPHONE LOCATION OF SIGNS ) ! J 0 1f i ^ $2 L � S � � vsaD � { . � u e y� ?F 65 ' ID Iq � 'Th � - r v DATE - SIGNATURE � // J . . . . . . - - - - - - - - - - - PLANNING BD : " ACT ION - - - - - - - - - DATE - - - ( ) APPROVED BY (_ ) DENIED UNDER SEC . _ — TOWN BD . ACTION DATE ACTION 2ND- PLANNING BD . ACTION DATE OF APPEAL fgro 2ND . - TOWN BD . ACTION DATE DATE OF HEARING $25 . 00 DEPOSIT FOR ADVERTISEMENT - OF HEARING .