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HomeMy WebLinkAboutZBA Minutes 1978-05-01 ® TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 1 , 1978 The Town of Ithaca Zoning Board of Appeals met in regular session on Monday , May 1 , 1978 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Peter K . Francese , Edward N . Austen , Jack D . Hewett , Edward W . King , Joan G . Reuning , Lawrence P . Fabbroni ( Town Engineer ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Dr . Frederick and Mrs . Beck , Moses Peter , John Vasse , Richard Berggren , Attorney Paul Tavelli , James V . Iacovelli . Chairman Francese declared the meeting duly opened at 7 : 30 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and The Ithaca Journal on April 25 , 1978 , and April 26 , 1978 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the properties under discussion , as appropriate , upon the Clerk of the City of Ithaca , upon the New York State Department of Transportation , upon the Tompkins County Commissioner of Public Works , upon the Tompkins County Commissioner of Planning , and upon the Appellants on April 25 , 1978 . APPEAL OF JAMES V . IACOVELLI , JR . AND ANTOINETTE IACOVELLI , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO SUBDIVIDE LOT WITH SIDE YARDS LESS THAN 10 FEET REMAINING AT 148 - 150 KENDALL AVENUE , PARCELS NO , 6 - 54 - 5 - 13 AND 6 - 54 - 5 - 121 ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 7 AND ARTICLE XIII , SECTION 67 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 32 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Iacovelli was present , as was his Attorney Paul Tavelli . Attorney Paul Tavelli appeared before the Board and stated that there is a garage already there located seven feet from the lot line and nineteen feet from the other lot line . Attorney Tavelli noted that Mr . Iacovelli lives next door and he wants to convert the present garage on the 50 - foot lot , and build a two - family unit on this 50 - foot lot , adding that there are two lots involved , and further adding that there is a 5 - foot lot line for the present house , and a 7 - foot lot line for the garage . Attorney Tavelli stated that Mr . Iacovelli purchased the garage lot in 1965 and the house lot in 1950 . Attorney ® Tavelli described the practical difficulties in moving the garage three feet . Chairman Francese asked if there have been a number of variances Zoning Board of Appeals - 2 - May 1 , 1978 in this area , with Mr . Fabbroni responding that there had been some side yard variances . Mr . Fabbroni offered a few comments . ( 1 ) There is an existing porch that connects the two buildings , that is , connects the house to the garage . Mr . Fabbroni offered that how that is handled , he did not know , however , the Board should be aware of this . ( 2 ) What is the occupancy of this house ? Mr . Iacovelli stated that he resides in the 148 Kendall property which has a basement apartment that he rents to two unrelated people . ( 3 ) To complete the application , the Town would need a floor plan for the proposed use of the garage . Attorney Tavelli stated that , aesthetically , Mr . Iacovelli would like to have the breezeway stay , adding that it is very attractive . Mrs . Reuning wondered , if the variance were granted , what would happen if he sold , with Mr . Fabbroni responding that a variance goes with the property . Mr . Fabbroni offered , as a suggestion , that if the Board wanted to leave the breezeway , if he were to sell the property , that breezeway should be removed . Mr . King stated that it does not 0 necessarily have to be removed , it can be a part of a domain . Mr . Fabbroni pointed out that three families are not permitted on one lot . Chairman Francese noted that the lot that the garage is on is presently 50 ' x 120 ' and the house is on a 150 - foot lot . Mr . Fabbroni stated , for the record , that the 50 - foot lot that he is putting this new dwelling on is only suitable for a one - family dwelling , adding that it is a lot of deed record . Mr . Iacovelli stated that he did not want any more than a one - family home there either . Chairman Francese asked if there were any comments on the Iacovelli Appeal . There were none . Chairman Francese noted that no one appeared to speak in opposition or in support of this matter . MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , that in the matter of the James Iacovelli Appeal , the Town of Ithaca Zoning Board of Appeals adopt and hereby does adopt the following as conditions of the grant of variance : 1 . That this particular garage be converted into no more than a single - family dwelling . 2 . That no extension shall be made to the outer boundaries of the now existing garage nor shall there be added floors . ® There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Hewett , King , Reuning . Nay - None . Zoning Board of Appeals - 3 - May 1 , 1978 ® The MOTION was declared to be carried unanimously . MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that a variance be and hereby is granted to James V . and Antoinette Iacovelli Jr . to permit the conversion into a single family dwelling within the same structure that now exists on Tax Parcel 6 - 54 - 5 - 13 as a garage , subject to the following conditions : 1 . That the dwelling on the subject tax parcel be used only for a single - family dwelling unit , 2 . That no additions be made to the existing structure , such westerly side yard variance being to allow a side yard of seven feet rather than the required ten feet . AND FURTHER RESOLVED , that this Board of Appeals permit and hereby does permit the aesthetically pleasing , existing breezeway which connects with the Iacovelli home on Tax Parcel No . 6 - 54 - 5 - 12 to remain , said Board of Appeals noting that the easterly side yard on the adjacent Iacovelli lot , Parcel No . 6 - 54 - 5 - 12 , is only five feet wide , that having been a permitted non - conforming use having been established prior to zoning . ® There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Hewett , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the James and Antoinette Iacovelli Appeal duly closed at 8 : 05 p . m . APPEAL OF JOHN AND ALBERTA VASSE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO REZONE LESS THAN TWO ACRES OF LAND FROM R- 9 TO BUSINESS " A " , 829 DANBY ROAD , PARCEL NO . 6 - 40 - 4 - 2 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE VII , SECTION 37 , PARA , 11 OF THE TOWN OF ITHACA ZONING ORDINANCE . and APPEAL OF RICHARD AND BETTY BERGGREN , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO REZONE LESS THAN TWO ACRES OF LAND FROM R - 9 TO BUSINESS " A " , 111 - 113 CODDINGTON ROAD , PARCELS NO . 6 - 40 - 4 - 3 , 6 - 40 - 4 - 4 , 6 - 40 - 4 - 5 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE VII , SECTION 37 , PARA , 11 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearings in the above - noted ® matters , said matters being taken in tandem , duly opened at 8 : 07 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Messrs . Vasse and Berggren were present . Zoning Board of Appeals - 4 - May 1 , 1978 ® Mr . Fabbroni stated that there are five structures involved in these four lots which are contiguous . Mr . Fabbroni noted that Ithaca College owns an improved lot on the actual corner and they are thinking about selling to John Vasse but they wish to see the outcome of this meeting . Chairman Francese wondered if there were any reason why these lots could not exit onto Coddington Road , Mr . Vasse stated that it would require some fill , but it could be done . Mr . Vasse stated that Mr . Moses Peter wishes to purchase one of the parcels for an insurance office , adding that he ( Mr . Vasse ) has been trying to sell for four or five years . Mr . Berggren indicated that he has no plans at the moment . Referring to the Planning Board ' s April 4th , 1978 unanimous recommendation to the Town Board for rezoning these five parcels to Business " A " , Mr . King noted that the Planning Board has stated that they wish to have access onto the Coddington Road . Mr . Moses Peter stated that his plans are to enter from Coddington Road but an exit onto Coddington Road , adding that there is presently ingress from Coddington Road and he would try to encourage this . Mr . Fabbroni noted that the question before the Board is whether it would vary the requirement of two acres , adding that the actual rezoning would have to be done by the Town Board only . ® Speaking to Dr . Beck who was present , Chairman Francese asked Dr . Beck if he owned the house across the street that was involved in the request for the Marine Midland Bank . Dr . Beck responded that he gave a history of some of this to the Planning Board , adding that he was a little disconcerted by what has happened to the traffic up there in the last few years . Dr . Beck stated that 13 years ago he bought there , then Route 96B was widened , and then Morse Chain put a road in behind him . Dr . Beck stated that NCR objected to the Marine Midland Bank idea because of traffic and then added a $ 2 , 000 , 000 addition . Dr . Beck stated that he was sure that Mr . Vasse would put up something better than what is there , but the Board must consider the traffic . Dr . Beck stated that Morse Chain put in the road and he did not know if they had proper approval or not . Dr . Beck commented that there will be trouble encouraging people to enter from Coddington Road , Mr . King wondered what Mr . Fabbroni thought would be the impact of this commercial area , adding that he did not think anything could be worse than what has happened at this corner . Mr . Fabbroni stated that the final site plan review would be by the Town Board and that would be the time , for Mr . Peter in particular , to show the access scheme to the existing house , if that is pretty much how it will remain . Mr . Fabbroni stated that the question here tonight in terms of the adjacent land use is whether it ® is pertinent to waive the two - acre requirement . Chairman Francese recalled the history of this area , noting that from the City line to the King Road there is no commercial area at Zoning Board of Appeals - 5 - May 1 , 1978 ® all ; there is industrial , no retail . Chairman Francese stated that one commercial area in here might make it very easy for commercial all the way up the road , perhaps a McDonald ' s . Mr . Vasse stated that this request is for Business " A " which is the most restrictive , adding that there is also the site plan process . Chairman Francese commented that he would feel better about this if the access and egress were onto the Coddington Road , Mr . Vasse offered that if the College goes along with them and sells them this corner piece , then there would be no problem with Coddington Road access and egress . Mr . King pointed out that there are a lot of unusual factors to allow the variance of one - half an acre , adding that if it is limited to Business " A " , it thereby does , in effect , limit traffic . Mr . King stated that he was not sure that the Board has the power to vary this size requirement , adding that one usually grants variances because of a particular plan and a particular lot - - but , if the Town Board finds it reasonable to rezone it - - . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that , based upon the following Findings of Fact , the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant an area variance from the requirements of the Zoning Ordinance of the Town of Ithaca , Article VII , Section 37 , Paragraph 1 , to allow for the rezoning by the Town Board , should they so choose , of Town of Ithaca Tax Parcels No . 6 - 40 - 4 - 1 , 6 - 40 - 4 - 2 , 60= 40 - 4 - 3 , 6 - 40 - 4 - 4 , 6 - 40 - 4 - 51 6 - 40 - 4 - 6 , and 6 - 40 - 4 - 7 from Residence District R - 9 to Business District " A " . FINDINGS OF FACT : 1 . That the adjacent areas to said parcels are : a . on the west , industrial use , be on the southeast , institutional use ( Ithaca College Equipment Garages ) , ce on the southeast , a house belonging to Ithaca College , do immediately to the north , currentlycommercial uses in the City of Ithaca ( South Side Fuel Company ) , e . to the northeast , currently multiple residence uses in the City of Ithaca ( Hudson Heights Apartments ) . 2 . That these combined parcels , forming a triangle , are surrounded on two sides by roads and on the third side by the boundary line between the City of Ithaca and the Town of Ithaca , the entire group of parcels hereinabove designated being limited to one and ® one - half acres . 3 . Said one and one - half acres , being comprised of said seven parcels , are bisected by an approximately fifty - foot - wide New a Zoning Board of Appeals - 6 - May 1 , 1978 York State Electric and Gas right of way which contains aerial high voltage power lines essentially limiting their use as residential parcels . 4 . By virtue of these factors , this triangular area is uniquely situated and appears really inappropriate for better residential development . 5 . That the traffic on New York State Route 96B is very substantial and increasing every year , therefore , making access directly to said Route 96B inappropriate and dangerous . 6 . That Business District " A " zoning would seem to carry minimal adverse impact on surrounding properties . 7 . That it appears possible to have adequate access to and egress from the triangular area in question to Coddington Road , therefore , traffic to and from these properties could be controlled at the intersection of Coddington and Danby Roads . 8 . It would not seem reasonable to rezone the applicant ' s properties ( 6 - 40 - 4 - 2 , 6 - 40 - 4 - 3 , 6 - 40 - 4 - 4 , and 6 - 40 - 4 - 5 ) without including parcels number 6 - 40 - 4 - 1 , 6 - 40 - 4 - 6 , and 6 - 40 - 4 - 7 also so that there be one contiguous triangular Business District " A " zone . 9 . Practical difficulties preclude these combined parcels from containing the two acres required by the Town of Ithaca Zoning Ordinance for a Business District . 10 . That the Variance hereinabove granted is in keeping with the spirit and intent of the Zoning Ordinance of the Town of Ithaca should the Town Board of said Town of Ithaca find it reasonable to rezone the area comprised of the hereinabove designated parcels from Residential District R- 9 to Business District " A " . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Austen , Reuning . Nay - None . Chairman Francese declared the matter of the Vasse / Berggren Appeal duly closed . ADJOURNMENT Upon Motion , Chairman Francese declared the May . l , 1978 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman