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Home My WebLink AboutZBA Minutes 1979-07-02® TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 21 1979 The Town of Ithaca Zoning Board of Appeals met in regular session on Monday, July 2, 1979, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairman Peter K. Francese, Edward N. Austen, Edward W. King, Joan G. Reuning, Lawrence P. Fabbroni, P.E. (Town Engineer/Building Inspector), Nancy M. Fuller (Secretary). ALSO PRESENT: Herbert Monkemeyer, Evan Monkemeyer, Robert I. Williamson, Esq., James O'Connor, Esq., John O'Connor, Kristie O'Connor, Fred Hoadley, Robert N. Powers, Virginia D. Powers, David Srnka, Loran Marion, Jerold Weisburd, Claudia Weisburd, Nancy Phillips, Larry Phillips, Chairman Francese declared the meeting duly opened at 7:33 p.mo 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 June 25, 1979, and June 27, 1979, 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, and upon the Appellants on June 27, 1979. APPEAL OF HERBERT MONKEMEYER FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A PROPOSED MULTIPLE FAMILY BUILDING TO BE USED IN PART FOR AN ARTISTS' GALLERY AND ASSOCIATED ART SALES AND TO BE HIGHER THAN 2 STORIES ON THE ROAD SIDE AT 1059 DANBY ROAD, PARCEL NO, 6-43-1-3.2, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTIONS 26, 27, 28, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 7:34 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Herbert Monkemeyer was present, as was his son Evan Monkemeyer, Chairman. Francese read aloud from the "Appeal to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca, New York", as submitted and signed by Herbert N. Monkemeyer, and dated July 2, 1979. Said document is attached hereto as Exhibit #1. Chairman Francese read aloud a letter dated July 2, 1979 from Town of Ithaca Supervisor Noel Desch to the Town of Ithaca Board of Zoning Appeals. The referenced letter is attached hereto as Exhibit #2, together with its two attachments -- (1) letter dated April 24, 1979 signed by Herbert N. Monkemeyer, and (2) a copy of Town of Ithaca Town Board Resolution No. 101, 1979 (Town Board Minutes, June 11, 1979), also marked Exhibit #2. 0. Zoning Board of Appeals -2- July 2, 1979 ® Mr. Herbert Monkemeyer approached the Board and spoke of his attempt to settle the law suit, commenting that they (the Monkemeyers) have not actually had a turn -down by Mr. Fabbroni, and further commenting that he guessed that this was to be an informal appeal. Mr. Monkemeyer stated that the building under discussion has been a multiple -family use for years. Chairman Francese read from the Appeal again and asked if this would preclude Mr. Fabbroni from bringing up more denials. Mr. Fabbroni stated that he recommended, based on what Mr. Monkemeyer was saying, that the Board adjourn this meeting. Mr. Evan Monkemeyer approached the Board and stated that he was acting as his father's agent and, relying on advice of the Town Board on June 11, 1979, some meeting of the Board of Appeals was appropriate. Chairman Francese wondered if Mr. Monkemeyer knew of anything that is in violation right now, except the height and the mixed use. Chairman Francese outlined his understanding of mixed use. Mr. Herbert Monkemeyer responded that it is an artist's studio under the Code and there are artists in residence and at work. Mr. Fabbroni commented that the matter is a continuation of the situation between Mr. Herbert Monkemeyer and the Town. ® Mr. King stated that the Board and the Monkemeyers were here to decide on the question of varying the Zoning Ordinance to permit the use. Mr. King noted that the current zoning is commercial, to which Mr. Monkemeyer responded, yes. Mr. King asked if Mr. Herbert Monkemeyer had petitioned the Town Board for a rezoning. Mr. Herbert Monkemeyer indicated that they had, adding that they did not want to and they did not think it was necessary. Mr. Herbert Monkemeyer stated that he thought Mr. Fabbroni's suggestion should be taken and that this hearing should be deferred. until they (the Monkemeyers) receive a written statement of denial. Mr. King commented that it appeared that there was a turn -down under the multiple residence section. Chairman Francese read the Planning Board Resolution of May 1, 1979, attached hereto as Exhibit #3. Mr. Herbert Monkemeyer asked about the matter of the two stories. Mr. Fabbroni clarified that issue as to its meaning within this hearing. Mr. Evan Monkemeyer presented a site plan, described the area, noting its size as 1.38 +/- acres, and spoke of permitted uses within 500 feet. Mr. Evan Monkemeyer pointed out that all leases in all three buildings state that the uses are exclusively those pertaining to the arts. Mr. Evan Monkemeyer presented over a dozen documents, ®all of which may be found in the official file relating to this particular matter before the Board and filed in the office of the Building Inspector. U Zoning Board of Appeals -3- July 2, 1979 Chairman Francese asked if there were anyone from wished to speak to the Monkemeyer Appeal. No one spoke. the public who Mr. Herbert Monkemeyer stated that he would testify personally that these buildings were used as "multiple family" and, to a large extent, as art studios long before zoning, adding that he has insurance policies which so state back before zoning. Mr. Herbert Monkemeyer noted that they have approvals given by the Town to the use of these premises, involving things like the 4" water main, the 6" sewer, and water connections in 1971 and 1976. Chairman Francese asked if there were adequate water and sewer, with Mr. Herbert Monkemeyer responding, yes, adding that these lines only service these three buildings, and further adding that there is an extensive sprinkler system in there also. Mr. Herbert Monkemeyer stated that their safety measures have resulted in reduced insurance premiums by some $300.00. Mr. Fabbroni stated that all these facts that Mr. Monkemeyer has brought up are part of their supporting affidavits in the case with the Town. Mr. Fabbroni offered that he would hope that we would never have to go back to the courts but the Town has submitted much evidence to go against these statements. Chairman Francese stated that he would like to run through uncontested facts. Chairman Francese set forth the following as Findings of Fact. 1. That, the Planning Board, by unanimous vote on May 1, 1979, after holding at least two public hearings, recommends that these variances be granted for art studio activities within the barn because (1) there is a need for the proposed use in the proposed location; (2) the existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected, and (3) the proposed change is in accordance with a comprehensive plan of development of the Town. 2. That there is no evidence that large crowds are evident or are expected in the future and there is no evidence that there will be any traffic problems in the future. 3. That there appears to be adequate public water and sewer service for the twelve units that exist. 4. That there appears to be no safety hazard evident as Mr. Monkemeyer's fire insurance premium was reduced and there is a sprinkler system in the barn. 5. That no one appeared in opposition to this appeal for variance. MOTION by Mr. Peter Francese, seconded by Mrs. Joan Reuning: THAT, in the matter of the Appeal of Herbert Monkemeyer from the decision of the Building Inspector denying a proposed multiple family building for two reasons, (1) the proposed use is a mixed use of Zoning Board of Appeals -4- July 2, 1979 ® multiple family and commercial and (2) the building known as the barn is higher than two stories, IT IS RESOLVED that a variance be granted for this property. By way of discussion, Mr. King stated that he was confused, and asked if the Board is talking about this one acre and this one acre only. Mr. King asked how many units can be built on this, noting that no more than twelve has been stipulated. Mr. King stated that he, personally, will abstain until he can understand this more clearly. Mr. Austen wondered if there were twelve units for the three buildings or twelve in the barn. It was noted that there are twelve all together. There appearing to be no further discussion, the Chair called for a vote. Aye - Francese. Nay - None. Abstain - Austen, King, Reuning, The MOTION failed. MOTION by Mr. Edward King seconded by Mr. Edward Austen: RESOLVED, that the matter of the Monkemeyer Appeal with respect ® to 1059 Danby Road be adjourned for two weeks to Monday, July 16, 1979, at 7:30 p.m. There being no further discussion, the Chair called for a vote. Aye - Austen, King, Reuning. Nay - None. Abstain - Francese. The MOTION was declared to be carried. Chairman Francese declared the matter of the Monkemeyer Appeal with respect to 1059 Danby Road duly adjourned to Monday, July 16, 1979, at 7:30 p.m. APPEAL OF MARION ELECTRIC CO. TO TRANSFER A PERSONAL ONLY VARIANCE TO ANOTHER INDIVIDUAL AGAINST A NOVEMBER 28, 1967, FINDING OF THE ZONING BOARD OF APPEALS AT 809 FIVE MILE DRIVE, PARCEL NO, 6-31-2-17, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 77 OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 8:21 p.m. and read from the Notice of Public Hearings as posted and published and as noted above. Both Mr. Loran Marion and Mr. David Srnka were present. Is Chairman Francese read from the Appeal Form signed by Mr. Loran Marion, dated June 22, 1979, as follows: It been denied permission to transfer a personal variance to David Srnka DBA Marion Zoning Board of Appeals -5- July 2, 1979 ® Electric Co. Inc. at Burtt P1., RD #5, Ithaca, N.Y....Mr. Srnka desires to purchase Marion Electric Company intact, & a variance will be necessary to complete the sales. I am anxious to retire for health reasons." [Secretary's Note: The Minutes of the November 28, 1967 meeting of the Zoning Board of Appeals, as the same relate to Mr. Loran Marion, are attached hereto as Exhibit #4.] Chairman Francese asked Mr. Srnka if he proposed to make any changes in the exterior of the building. Mr. Srnka responded that he did not, adding that he would just keep it up. Chairman Francese asked if there were to be any enlargements, to which Mr. Srnka responded, no. Chairman Francese asked if there had been any complaints in the twelve years since November 28, 1967, to which Mr. Marion responded, no, adding that it is not a retail business, there is no traffic; he just has four trucks. Chairman Francese asked Mr. Srnka if he planned to increase the number of trucks, to which Mr. Srnka responded, no, adding that he would like to see a need to do that, but again, no. The Secretary stated that she had received a telephone call on June 29, 1979 from Mr. Al Becker, 115 Glenside Road, whereby Mr. Becker stated his support for Mr. Marion's Appeal. The log of said telephone call is attached hereto as Exhibit #5. ® Mr. King inquired where the office was located. It was noted that it is in the front of the building. Mr. Marion stated that he lives in the house, adding that the house is not a part of this transaction; the building on the right is what is being sold. Mr. King stated that he had no problem with this request and read aloud from the terms of the Board of Appeals grant of November 28, 1967, noting that stipulation #3 therein should be amended. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: WHEREAS, in the matter of the Appeal of Marion Electric Co. to transfer a personal only variance to another individual against a November 28, 1967, finding of the Zoning Board of Appeals at 809 Five Mile Drive, Parcel No. 6-31-2-17, Mr. David Srnka indicates that he does not plan to change the exterior of the building nor the size of the business, and WHEREAS, no one appeared in opposition to this Appeal and, in fact, the Board has received a telephone call from a neighboring resident, Mr. Al Becker, in support of such Appeal; NOW, THEREFORE, BE IT RESOLVED, that stipulation #3 in the Variance granted by the Town of Ithaca Zoning Board of Appeals to Mr. ® Loran Marion on Novmeber 28, 1967, be amended to allow for the sale of the land to the south of the driveway which contains the office and the warehouse, Parcel No. 6-31-2-17, to Mr. David Srnka. Therefore, the variance of November 28, 1967, is transferred to Mr. Srnka and he Zoning Board of Appeals may continue the present an electrical business, -6- July 2, 1979 existing use of the warehouse and office as There being no further discussion, the Chair called for a vote. Aye - Francese, Austen, King, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the matter of the Marion Electric Co. Appeal duly closed. APPEAL OF ANN COLE FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY TO BE ISSUED FOR 210 CHRISTOPHER LANE CLOSER THAN 15 FEET TO SIDE LOT LINE, PARCEL NO. 6-72-1-1.166, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTIONS 14 AND 76 OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 8:30 p.m. and read aloud from the Notice of Public Hearings6as posted and published and as noted above. Attorney Robert I. Williamson was present, representing Ms. Cole, Attorney James O'Connor was also present, representing his son, John O'Connor, and his son's wife, Kristie O'Connor, Attorney Williamson stated that when the subject home was constructed in 1970, the building permit was issued based on the sketch attached to the application which showed a 16 -foot side line on each side of the house. Attorney Williamson presented a survey map entitled "Location Survey of Lands at 210 Christopher Lane, Town of Ithaca, Tompkins Co., New York", prepared by Howard R. Schlieder, P.E., L.S., dated June 18, 1979, and showing a west side yard of 11 +/- feet. Attorney Williamson stated that Ms. Cole has been greatly harmed as a result of her reliance on the building permit that had been issued. Attorney O'Connor noted that the entrance to the cellar doorway also protrudes out into the 11 -foot side yard. It was noted that the cellar doorway is sub -surface, thus, the side yard requirements do not apply. Chairman Francese asked if there were anyone else who wished to speak to this matter. No one spoke. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: WHEREAS, in the matter of the Appeal of Ann S. Cole to vary the requirements of the Town of Ithaca Zoning Ordinance with respect to the premises located at 210 Christopher Lane, Town of Ithaca Tax Parcel No. 6-72-1-1.166, no one appeared before the Board in opposition to this Appeal for Variance, and ® WHEREAS, the situation has existed for some nine years and no damage or detriment to the neighborhood appears to have occurred, and Zoning Board of Appeals WHEREAS, a sealed by Howard which shows that said lot appears from the required -7- Survey Map, dated June R. Schlieder, NYS P.E. the house set back from to be 11 +/- feet, being 15 feet, and July 2, 1979 18, 1979, duly signed and & L.S., has been presented the west property line of a difference of only 4 feet WHEREAS, the lack of a Certificate of Occupancy would cause serious financial harm to the Appellant without any appreciable benefit to the Town of Ithaca, and WHEREAS, it is in keeping with the spirit and intent of the Zoning Ordinance to permit such house to remain in said location; NOW, THEREFORE, IT IS RESOLVED, by the Town of Ithaca Zoning Board of Appeals that a variance be granted for the westerly side yard and that a certificate of occupancy be issued by the Building Inspector. There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning, King, Austen. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the matter of the Ann S. Cole Appeal duly closed. APPEAL OF ROBERT N. POWERS AND VIRGINIA D. POWERS FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CONVERSION OF A PORTION OF A LEGAL NON -CONFORMING COMMERCIAL USE TO A MIXED USE OF COMMERCIAL WITH TWO DWELLING UNITS AT 1458 SLATERVILLE ROAD, PARCEL NO. 6-58-2-28, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTIONS 11, 12, 31, 54, 55 OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. Both Robert N. Powers and Virginia D. Powers were present. Chairman Francese noted that the Powers' Appeal Form, dated June 25, 1979, indicates that they "wish to convert approximately 1,200 square feet from business use to residential use, thereby changing to a more restrictive type of zoning which is more in character with the neighborhood." Mr. Powers presented five colored photographs of the property under discussion for the Board members to review. Before the Board also was a letter from Mr. Powers to Mr. Francese dated June 29, 1979. The referenced letter is attached hereto as Exhibit #6. The Board also had before it an application for building permit dated June 25, 1979, and attached loft plan/floor plan entitled "Barn Remodeling for Robert Powers - Prelim.", prepared by R. B. Tallman, dated June 14, 1979. Mr. Powers described his plans, referring to his letter, commenting that it seemed as if in 1965 there had been a barn/office addition, and noting that he and his wife had purchased the property Zoning Board of Appeals -8- July 2, 1979 ® in 1973, and further noting that it was a legal non -conforming use. Referring to the colored photographs, Mr. Powers noted that the "hayloft" is the area in question, adding that pictures #3 and #4 had been taken from the patio, or terrace, to indicate the closeness of the house. Mr. Powers mentioned the Pichel home which he described as student housing. Mr. Powers noted that photograph #5 indicated the view from the entrance to the apartments, the entrance being on the rear of the building. Mr. Powers stated that in 1953 the place was pretty much of a barn in which a paint store was located, adding that he had no idea when it was last a barn. Mr. Powers stated that in the 160s an addition was put on in front and in the late '60s Mario Guidi bought the building and operated his construction business there along with Town Interiors which was a retail business offering paint, wallpaper, etc. Mr. Powers mentioned that the construction business required outside storage, adding that trucks and scaffolding were also outside. Mr. Powers stated that when they bought it in 1973 they had no requirements for outside storage, so they mowed the grass, cut the woods, and tidied things up. Mr. Powers stated that at that time they had four technicians and one salesman in addition to the two of them. Mr. Powers stated that at that time also they had the original hayloft carpeted, air conditioned, and insulated for use as their electronics shop. Mr. Powers stated that they had one company truck and one employee had a truck used by the business. Mr. Powers commented that they have since decided the fewer, the better and all they have is three employees. Mr. Powers stated that they presently have 35 active accounts most of whom the Board members would know, such as Cornell University, Ithaca College, WTVH, WBNG, IBM and Xerox. Mr. Powers stated that, according to the Zoning Ordinance, VideoSound has to be categorized as a retail business as you can buy a sound system if you walk into the building. Mr. Powers offered that they do not generate much traffic, adding that there may be two customers per day coming to them, and further adding that he goes every place to see people. Mr. Powers noted that UPS stops and the mailman stops, and there is less than one truck per week. Mr. Powers stated that they would like to build two one -bedroom apartments. Mr. Powers noted that their building permit application shows a construction cost of $40,000.00 which does not indicate that they intend to build very shabby one -bedroom apartments. Mr. Powers stated that they have talked to the neighbors and there was but one possible complaint and that would be that they might rent to students. Mr. Powers stated that they might and it might be two students, adding that, beyond that, it could be a father, mother, and one child. Mr. Powers stated that they have no interest in renting to hordes of students. Mr. Powers posed the question -- is there a market for thiso> and continued, stating that they do not want to spend the money until there is a need. Mr. Powers commented that Cornell University ® says that there is a great demand for quality apartments and they would have two quality apartments. Mr. Powers noted that they do not propose to build as on the Zoning Board of Appeals -9- July 2, 1979 ® plan, adding that there will not be a loft as shown. Mr. Powers stated that he believed the Board was aware that there is a need for apartments, adding that he believed their proposal and their premises to be unique. Mr. Powers stated that he did not believe they would upset the neighborhood, commenting that it is a more restrictive form of zoning. Mr. Powers described the using of 1,200 square feet with 1,200 square feet below it plus 900 square feet, meaning two apartments of 1,200 square feet and the business at 2,100 square feet. Mr. Powers noted again that the area is insulated, carpeted, and air conditioned. Mr. King, commenting if the Board called this Business "C", noted Section 54 which describes "moving up the ladder" permitting going to a more restrictive use. Chairman Francese wondered why Mr. Powers was before the Board at all. Mr. Powers responded that it was he who suggested that he be here. Mr. Fabbroni stated that it is not all together clear that the mixed use is intended along with the "step down", adding that he would rather have five ZBA members say this rather than just one building inspector. Mr. Fabbroni stated (1) no additional square footage other than that already used, constructed, and in place is proposed under the change, and (2) the Board should understand that the review under ® the building permit application for conversion and appropriate building code specifications between the different parts of the building are still pending the submission of the final plans for the alterations. Chairman Francese asked if there were anyone from the public present who wished to speak. No one spoke. Mr. King suggested that the Board find that the application does not violate Sections 54 and 55 of the Ordinance. MOTION,by Mr. Edward King, seconded by Mrs. Joan Reuning: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca find and declare and hereby does find and declare that the application of Robert N. and Virginia D. Powers, Appellants, appealing the decision of the Building Inspector denying conversion of a portion of a legal non -conforming commercial use to a mixed use of commercial with two dwelling units at 1458 Slaterville Road, Town of Ithaca Tax Parcel No. 6-58-2-28, does not violate Sections 54 and 55 of the Town of Ithaca Zoning Ordinance, and, further RESOLVED, that their request to alter the loft portion of the existing building to make two residential units is proper under those sections and is approved, but, with the understanding that the construction must comply with State Building Codes applicable to residential buildings and the mixed use proposed. By way of discussion, Mr. Austen noted that there are two units Zoning Board of Appeals .-10- July 2, 1979 ® now. It being indicated that this was correct, Mr. Austen wondered if this posed a problem in the future. Mr. King responded that Mr. Powers could move up later to Business "C" and residential. There being no further discussion, the Chair called for a vote. Aye - Francese, Austen, King, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the matter of the Powers Appeal duly closed at 9:00 p.m. INFORMAL DISCUSSION OF PROPOSED PRIVATE SCHOOL ON LAND PRESENTLY OWNED BY INLET VALLEY LAND CO-OP, INC., 171 CALKINS ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-33-1-41 APPROXIMATELY 97 ACRES. JERRY WEISBURD. Mr. Weisburd appeared before the Board and stated that a school is appropriate in Residence District R-30 zoning and cited Section 14, Paragraph 4, of the Ordinance. Mr. Weisburd noted that a private school is permitted by approval of the Board of Appeals after referral to the Planning Board. Mr. Weisburd stated that the matter went to the Planning Board on May 15, 1979, The Minutes from that meeting are attached hereto as Exhibit V. ® Mr. Fabbroni stated that he would comment on the reason for Mr. Weisburd being here tonight, adding that if the Board wanted a specific report from the Planning Board, they will be hearing this .matter on July 10th at public hearing, and the Board could ask for that at this time. Chairman Francese asked if the Planning Board will be taking up the matter of final approval on the 10th, with Mr. Fabbroni responding, yes, adding that it will be taken up but there may be contingencies. Mr. Weisburd stated that the SPEDES permit has been applied for and that takes about eight weeks. Mr. Weisburd stated that the Health Department has just about approved everything, adding that the school does not require a SPEDES permit, ,and further adding that the Health Department will give them a separate septic approval. Mr. Weisburd commented that they would like to start construction, adding that matters with the bank are proceeding. Mr. Weisburd noted that the Hickory Hollow School in Newfield, a nursery school and elementary school, is looking for a new home, adding that the total enrollment would be 50 children all together. Mr. Weisburd presented several sheets of plans entitled "Preliminary Site Plan -- Inlet Valley Land Co -Operative Inc.", dated March 10, 1979, drawn by Jerold Weisburd, Architect, Spencer, New York. Mr. Weisburd stated that the school will remain as a part of the 10 leaseholds, that is, nine residential and one school. Mr. Weisburd referred to "CLUSA" and stated that tax exempt status can be obtained. Zoning Board of Appeals -11- July 2, 1979 Chairman Francese, with Board concurrence, stated that the Board would hear the matter on July 16, 1979 at 8:30 p.m. Mr. Weisburd thanked the Board members for their time and interest. ADJOURNMENT Upon Motion, Chairman Francese declared the July 2, 1979 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9:20 p.m. Respectfully submitted, Nancy M. Fuller, Secretary, Town of Ithaca Zoning Board of Appeals. Peter K. Francese, Chairman, Town of Ithaca Zoning Board of Appeals. 11 TOWN OF ITHACA NEW YORK 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 use the atrium of an existing multiple -family building (1059 Danby Road - Parcel No. 6-43-1-3.2) (in a Business District C) for residents' and rural neighbors' art display and sales, and. having been directed to conform said building erected and used as a multi -family dwelling prior to and since zoning to the requirements of Section 28 of the Town of Ithaca Zoning Ordinance, for the stated reason that the issuance of such permit -would be in violation of Sections 26, 27 and 28 of the Town of Ithaca Zoning Ordinance, the Undersigned respectfully submits this appeal from such denial and ruling and, in support of the appeal, affirms as follows: (a The buildings at 1059 Danby Road are in a Business District C but are, and prior to zoning, were "multiple -family dwellings" within Article I. Section 1 (10) of the Town of Ithaca Zoning Ordinance and are now being leased solely to members of the Tompkins County Arts Council for living and art purposes. (b) The uses of the non -conforming uses under furthermore are expressly Dwelling Law Section 188, buildings at 1059 Danby Road are legal Article XII of the Zoning Ordinance and sanctioned under N. Y. State Multiple (c) The requirements of Section 28 of the Zoning Ordinance o not apply to buildings existing before Zoning, and even if they id, all of such requirements are now being met. (d) A contrary view would require either the closing of the uarter-million-dollar, century -old Hayloft Art Center building to the loss of owners rentals, mortgagees' security, tenants, neighbors, the Tompkins County, State and Federal Taxing authori- ties - or its use for commercial purposes, such as liquor stores, smoke shops, etc. - and thus would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP. Signed Ua,,,inh ted: Ithaca, N.Y. July 2, 1979 TOWN OF ITHACA 126 EAST SENECA STREET i I ITHACA, NEW YORK1 July 2, 1979 TO THE TOWN OF ITHACA BOARD OF ZONING APPEALS Dear Sirs and Ladies: Enclosed is a copy of the application of Herbert and Evan Monkemeyer for rezoning for an area at 1059 Danby Road. Also enclosed is a copy of resolution No. 101 of the Town Board. Under Section 46 of the Zoning Ordinance the Town Board may establish a Multiple Residence District. Under Article VI the uses in a Multiple Residence District are limited to "one family, two family and multiple family dwellings grouped so as to provide living quarters for a minimum of three families." Also there is a height limitation contained in Section 28. The within application seeks multiple residence district zoning for an area which includes a multiple level barn to be used as a multiple family dwelling. Part of the plan calls for an area in the barn to be used as a gallery for artistic purposes, a use not specifically autho- rized in a Multiple Residence District. Also, the barn probably exceeds the height limitations relating to a Multiple Residence District. Under section 46 of the Zoning Ordinance the Town Board may refer an application to the Board of Zoning Appeals for such further consideration as the Town Board may require. Under Section 77 the Board of Appeals shall decide all matters referred to it and shall apply the criterion set forth in subdivision 7 of that section. The Town Board requests that the Board of Zoning Appeals make a deter- mination as to whether it would be appropriate to vary.the application of the above -stated provisions of the Ordinance so as to permit the Monkemeyer's project to come to fruition. As you may know this matter has.been in litigation. A stipulation settling the matter has been agreed to conditioned in part upon the awarding of the requested re- zoning allowing combined multiple residence and art colony uses. I would suggest that our Town Attorney be present during your deliberation. Upon completion of the Board of Zoning Appeals consideration of this matter the application should be returned to the Town Board for final action. Very truly yours, Noel Desch Supervisor ND/ j s I . Hon. Noel Desch Chairman, Town Board Town of Ithaca Ithaca, N.Y. 14850 Dear Sir. 1059 Danby Road Ithaca, N.Y. 1+850 April 24, 1979 ,o In obedience of the Stipulation of settlement in the action by the Town of Ithaca v: Herbert Monkemeyer and Evan Monkemeyer, made before Justice Paul J. Yesawich, Jr., at the Supreme Court, Tompkins County, on April 5, 1979, to which you and your board consented via'John Barney, Esq., your attorney, I hereby apply and formally request that. ® The Town of Ithaca rezone the one acre area (whereon the three buildings subject to litigation are located) to a multiple residence district with an accessory and ancillary use as artists' studios. Previously Evan Monkemeyer, on my behalf, has submitted to Mr. Lawrence Fabbroni, the Town Engineer, an application for a building permit covering alteration and modernization of the three existing buildings. Since I have no assurance that a certificate of occupancy will be issued until the "as built" plans of the existing build- ings have been approved,,I request that said change of zoning be conditioned upon approval of such plans. Yours very truly, Herbert N. Monkemeyer . Town Board Minutes - 5 - June 11, 1979 to allow a gallery where artistic works are hung, made by other than those residing in the "Art Colony". Mr. Barney said it was the recommendation of his firm that the matter be referred to the Zoning Board of Appeals for a determination on,this issue before the Town Board makes a final determination on rezoning. He said a proposed resolution for the Board's con - matter is referred to the Zoning Board of from the Zoning Ordinance. Mr. Barney Board discussed the ramifications of ner- acted as follows. his office has prepared sideration whereby the Appeals for a variance the resolution, and the mitting such sales, and read RESOLUTION NO. 101, 1979 Motion by Councilman McElwee, seconded by Councilman Powers, RESOLVED, that the application of Herbert and Evan Monkemeyer for the rezoning of an area at 1059 Danby Road to a Multiple Residence District be referred to the Zoning Board of Appeals for an approval varying the terms of this ordinance so as to permit the display and sale in the gallery of the existing barn of artistic works of per- sons other than the occupants of the building in the rezoned area and to permit such other varying of the terms of the ordinance as may be necessary in connection with such application, and FURTHER RESOLVED,.that upon the completion of the consideration of the matter by the .Zoning Board of Appeals the application be returned to the Town Board for a final determination. (Raffensperger, Valentino, McElwee, Powers, and Desch voting Aye. Nays - none) REPORTS OF COUNTY REPRESENTATIVES Mr. Gust L. Freeman, County Representative, reported that Mr. Fabbroni, last Wednesday, addressed the Public Works Committee of Tompkins County on the matter of Northeast Transit. The County Budget and Administration Office approved the allocation of funds and the County Board of Representatives adopted the resolution approving the expansion of the Northeast Transit bus system. The only thing lacking now is the City of Ithaca and the Village of. Cayuga Heights Commitment. Mr. Freeman reported that the Mental Health Board has a vacancy. Any suggestions for filling this vacancy would be appre- ciated. ® Mrs. Livesay, County Representative, reported on a County Youth Program saying that the County has augmented its summer CETA Program with a program funded through Social Services. 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Mr. Berman also stated that th- neighbor's house on the side in question is at least 20 feet from the lot lin- with a row of trues dividing the two houses. Note: No persons appeared in opposition to the foreRoinr. This Public Hearinr• was closed at 5:3^ P.1°. T'ne Board tock a 10 -minutes recess after which `:.=y care up wit`s th- ollo�:inp findir.^.c of fact: 1. The house is of an inadequate size to accomodate the pras=nt n^ads of the owner. 2. The lot slopes off to the rear and any addition cannot br built to the rear of the house. 3. The proposed addition will be no aider than th- p:onos^c; carport which is 20 feet wide. 4. The ' ariance creates no traffic hazard. 5. Thevariance would be consistent with the latter and spirit of the Zoni+ng Ordinance. Upon motion by Mr. Soyring, seconded by Mr. Robert Powers and carried by animous vote, it was moved that the variances be granted based on the egoing findings of fact. LORAN MARION 7 WAREHOUSE - BURTT PLAC' This Public Hearing was called to order at 8:35 P.N. by Chairman David Powers. Zoning Officer Franklin read the lepal ad as published in the Ithaca Journal, Mr. Marion stated that at the present time he has a small warehouse on Five Mile Drive with his offices on thn Old Spencer Road. It is necessary that his employees go to'Cayuga Electric to pet many of their supplies because of the small size of the present warehouse. It is also inconvriftnt and a hardship for Mr. !Tarion to have his office at on location and his warehouse at anothar. If the variance is granted for th, waruhouso on Burtt Place, he will- also have his office at th same location. Thab building Mr. Marion wishes to convert into a warehouse is pr=s=ntly an old barn, and the conversion to a warehouse would improve th= anpraranen of th- property. It was pointed out that Burtt Place is a private road, and that Mr. Marion spoke to.the area residents who had no objections to his proposal. 1'r. Marion also stated that his present small warehouse will not be operatftd if the variance is granted. VjLteoo No persons appeared in opposition to the forppoing. Mr. Marion t the room and did not participate in the discussion or the vote. This Public Hearing was closed at 9:00 p.M. Af • . s Loniner Board of Appeals Minutes -November 289 1967 1 &ndings of Fact: Pave 3 i. The property is on a private road and th= proposal does not create a traffic hazard. 2. ne blinding presointly standing on the nrPmises is in a poor stat of rtpaii^ and will be benefited by th^ improv=mPnts to the interior and e Kter:ior or LhP building, but thclz•P Will bo no extori.or additions on apae•3rf-+l iri opposition. 4c The c'zaractk 7!' fihe neighborhood has been changed so that it is no urge^ prat=:.cal, to.:ise the land as a dairy and/or farm purposes. .. Aho% a*aL1i_a'i,. '�►as ourcti:used property su^rounding the building so thorP W "All ;ny adjacent lanaownerso ilr o!1 neo ion by Mr. },&obert x*4ers % seconded by Mr. Sovocool and carried by u.^..::,irr�o�. vote, i•t was r..ov�•d that t.ie variance be granted onthe fo13..�winF. con. .:itior. s 1.- That the :ccrr.anvnc .:pp:ica,io;l is 'rade a par: her^of with a de„-•-;: - i ':I of 11(- Su= •''- ` t::e I. --.n i ic.• bu:)din^ rot be for .any Pxrr-rit•r ay;e of r.: ^c�.•rdi: • and -hat it not be used fr-r• �+arkinP mere t►, 3:: ten %'10) ve?:ic)ps._ 3.. The variance is per:Dpnal only and shall terrr.inarp automatically t,^ any Iease, sale or % -ar.i.fer of 'th land or the buildir. by Marion Electric Co. 4. The variance is gran .ed ror warehousp space onlvoD This meeting adjourned a! ° : 30 P.. M.. 1 • RespeCttully submitted, Cheryl S. Reninati Secretary jI 11 ,I.. a. �. 126 EAST SENECA STREET ITHACA, NEW YORK 14850 IN RE: PUBLIC HEARING: APPEAL OF MARION ELECTRIC CO. TO TRANSFER A PERSONAL ONLY VARIANCE TO ANOTHER INDIVIDUAL AGAINST A NOVEMBER 28, 1967, FINDING OF THE ZONING BOARD OF APPEALS AT 809 FIVE MILE DRIVE, PARCEL NO. 6-31-2-172 ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 77 OF THE TOWN OF ITHACA ZONING ORDINANCE. Log of Telephone Call received from Mr. Al Becker, 115 Glenside Road, Ithaca, N.Y. Received: June 29, 1979. By: Nancy M. Fuller Secretary, Zoning Board of Appeals Mr. Becker wished it read into the record that he sees absolutely no problem with the above -noted appeal and further, that he wishes to seethe business continued under Dick Srnka. He urges that the Zoning Board of Appeals grant said Appeal. I June 29, 1979 Mr. Peter Francese Chairman, Board of Zoning Appeals Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Dear Sir: I would like to acquaint you with the circumstances surrounding our application to convert a portion of our building at 1458 Slaterville Road from business to business and residential use. My first acquaintence with this building was in 1953. At that time, it was owned by Mr. Mandeville, who operated a paint store. It had been only slightly altered from its original use as a barn at that time. 'In the mid 1960's, an addition was made to the front, and'I understand that a restauran. was operated for some time before -being forced to close by action of the Board of ® Zoning Appeals of the Town of Ithaca. The building was subsequently:'purchased by Mario Guidi in the late 1960's and two :businesses were operated. One was Guidi Construction Co., a general contracting firm and the other was "Town Interiors", an interior decorating store selling various products at the retail level. My wife and I purchased the building from Mr. Guidi in 1973. At the time we had the original hay -loft carpeted, air conditioned, and insulated for use as our electronics shop, which consists of repairs and installations of commercial television and sound systems. The downstairs is primarily offices and storage. At the time we purchased the building, we employed four technicians and one salesman, in addition to my wife and me. Our business has been re -oriented greatly in recent years to the point that we now employ only one technician in addition to my wife and me. A count of our active ledger cards indicates as of June 28, 1979, a total of thirty- five active accounts. Most of these are outside Tompkins County and consist of most of the television stations in Central New York, radio stations, I.B.M. Corporation, Xerox Corporation, Corning Glass Works, Link Division of Singer Company, and some educational institutions. Our local accounts are primarily local colleges, Tompkins- ® Seneca-Tioga BOCES, and certain County agencies. Mr. Peter Francese' Page 2 June 29, 1979 We estimate an average of two customers per day coming to see us, one United Parcel Service delivery per day, and less than one tractor -trailer delivery per week. Our intent is to build two one -bedroom apartments on the second floor of our building and to consolidate our business operations on the first floor. These apartments would be priced somewhat higher than the average apartment. I would like to suggest that the variance be granted for the following reasons. 1. In consultation with the Director of Off -Campus Housing at Cornell University, real estate people ,"and apartment owners, we have been informed that there is a shortage of quality apartments in this area. 2. The building is quite unique in that it lends itself admirably to the proposed mixed use. 3. The general welfare of the community is served in that the continuation of more restrictive zoning would be assured, i.e. from retail paint store to multiple business use with outside storage, heavy traffic, etc. to low traffic, non -retail business use, to mixed business and residential. Thank you for your consideration of our appeal. Very truly yours, Robert -N. Powers Planning Board -6- May 15, 1979 Mr. Keller stated that the monument will go right in the middle of Ms. Schmitt's driveway. Mr. Fabbroni concurred that the monument should go, according.to what has been surveyed, right in the middle of Ms. Schmitt's driveway and be paved over; it can be driven flush; the monument would be a 4" pipe.' Fabbroni felt that it could be worked out amenably, noting that it is ,Mr. not preferred to have a buried monument, but in this case it would be acceptable. There followed a discussion between Attorney Luster, Ms. Schmitt and Mr. Gates which the Chair ruled out of order. Mr. Jonson noted one more thing that he has put on the maps and that is on the two lots at the end of the cul de sac he has shown proposed house elevations. Chairman Aron declared that in view of the fact that it is now 8:15 p.m. and there was another public hearing scheduled for 8:00 p.m., this public hearing would be closed for approximately 30 minutes in order that the Board may take up the next matter after which the Ivar Jonson matter would be taken up again. a PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR = INLET VALLEY LAND CO-OP, INC., 171 CALKINS ROAD, TOWN OF ITHACA TAX PARCEL N0. 6-33-1-4, APPROXIMATELY 97 ACRES, JERRY WEISBURD. Chairman Aron declared the Public Hearing in the above -noted matter ®duly opened at 8:20 p.m., and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on May 8, 1979, and May 102 1979, respectively. Mr. Jerry.Weisburd appeared before the Board with Mr. Dennis Lowes, of Rowell Associates, Surveyors, Planners, Engineers, in Cortland. Mr. Weisburd stated that his proposal for a subdivision involves 98.5 acres of land located in an Agriculatural Zone in the Town of Ithaca with frontag on Calkins Road. He said it is situated right at the bend of Calkins Road on the slope facing the valley. Mr. Weisburd presented a large wooden scale model of the land showing in relief the topography, the trees and the existing farmhouse. Mr. Weisburd had four pages of drawings -- final plat, general plans, general specifications for water and general specifi- cations for sewer. Mr. Weisburd stated that what he is proposing is an extremely low density type of development which leaves most of the land as open, un- touched recreational and farm land in perpetuity which includes, among other things, an apple orchard. Mr..Weisburd stated that within the space of 98 acres they are proposing nine proprietary leaseholds or dwelling units. The first four would .be along the southern boundary and would be each 3 to 4 acres; an additional four on the ridge adjacent to the Glen, also 3 to 4 acres; and one more, which does not show on the wooden model, but is indicated on the map and has frontage on Calkins Road. He stated that the leaseholds would comprise about 30 acres and ® the remaining land would be common land. Mr. Weisburd noted one additional change from the informal discussion with the Board held on April 3, 1979, and that is that they are proposing to locate an additional separate leasehold which will be a private school. �7 _Planning Board -7- May 15, 1979 He stated that the Hickory Hollow School in Newfield is looking for a new home and they are negotiating with them right now for relocating and building a school house on this parcel. Mr. Weisburd stated that, in terms of the Co -Op, it is a non-profit corporation and it has been formed and they now own the land and are in the process of approving the corporation through New York State. He said that the members own all the stock. He stated that each stockholder gets a proprietary lease with exclusive right to the leasehold until they sell the stock. time. Mr. Weisburd stated if there that the road will be a private road which will be fully constructed the lower lots, and maintained by the Co -Op. Mr. Weisburd stated that they are getting ready to go the Health Department, Mr. Aron asked if there were any questions from the public? There were none. a road Mr. the lower lots, Aron asked if there were any questions from the Board? Mrs. Bronfenbrenner stated that she could see that they have a road servicing the lower lots, and she asked about servicing the upper lots. Mr. Weisburd described the service to lot #8, to lots #1 and #2, branching off to service lots #3 and #4, and.then a part branching off to the west servicing the remaining lots: Mrs. Bronfenbrenner noted that if these are private roads they do not have to be 50' or 60' widths. Mr. Fabbroni stated that Mr. Weisburd's attorney presented to him on Friday the By -Laws of the Inlet Valley Land Co -Operative, Inc Mr. Fabbroni stated that these by-laws must be reviewed by the Town Attorney for their completeness; this is required by the Subdivision Regulations. Mr. Fabbroni said.that he expects that the Town Attorney will go.over these in detail. Mr. Fabbroni spoke to one item having to do with the Town of Ithaca regulations for road, answering Mrs. Bronfenbrenner's question, in that the maintenance of the road is borne equally by all the leaseholds. Mr. Lowes described the roads Mr. Fabbroni stated that if the developer intends to make the road part of the corporation agreement or by-laws whereby everyone shares in the private maintenance of the roads with..no.idea_of ever giving them to the Town, the Town would review the roads with much different criteria than if he were going to deed them to the Town at some time. Mr. Lowes described the roads in detail. Mr. Fabbroni stated that the Planning Board will review such a road in two different lights depen- ding on the answer to who will own and maintain them in the future. Mr. Weisburd stated that it is absolutely positive that the roads will be private and maintained by the Co -Op forever. Mrs. Bronfenbrenner wondered about a cul de sac for a turn -around for emergency.vehicles. Mr. Fabbroni felt that it was kind of meaningless for the kind of road we are looking at -- first of all the road is.way in excess.of 500' and it is steep. Mrs. Bronfenbrenner asked about fire protection and ambulances getting 'Planning Board -8- to the area. May 15, 1979 Mr. Lowes stated that the slope would be a 10% maximum. Mr. Weisburd ®, stated that they should be well within the limits of the Town specificatior for maximum grade. Mrs. Bronfenbrenner stated that they will still need a turn -around. Mr. Weisburd agreed and stated that they will be able to put that in. Mr. Fabbroni stated that the Town Attorney will want the rights of the leaseholders to access to their properties spelled out clearly. Mr. Fabbroni said that the preliminary map showed over a 10% slope, but the map, or survey, shows it better. Mr. Fabbroni said that this is prefer- able to the farm road that is there now. Mr. Baker agreed. Mr. Fabbroni commented while the discussion is on the road, with that type of grade more information need be shown on how runoff is controlled. Mr. Town Councilman Gust Freeman stated that obviously the developers have not been to the banks about the possibility Mr. of mortgages on a private road. that that Mr. banks this Weisburd wondered why he said will not give mortgages on private is not true; they have been to obviously. the Mr. Freeman replied roads. Mr. Weisburd said banks. Mr. Fabbroni stated that the Town Attorney will want the rights of the leaseholders to access to their properties spelled out clearly. Mr. Fabbroni said that the preliminary map showed over a 10% slope, but the map, or survey, shows it better. Mr. Fabbroni said that this is prefer- able to the farm road that is there now. Mr. Baker agreed. Mr. Fabbroni commented while the discussion is on the road, with that type of grade more information need be shown on how runoff is controlled. Mr. Lowes explained to Mr. Fabbroni and the Board that this is underway. Mr. Lowes described the drainage referring to the map. Mr. May noted that they are proposing 9 leaseholds plus the school, ® therefore, there will be 10. Mr. Weisburd agreed. Mr. Weisburd stated that they have people interested in the old farmhouse. He.said that they have offered them membership in the Co -Op but they are leaning away from that. He stated that he did not know if that would be a problem or not; right now the Co -Op owns the entire parcel. He said he would like to leave that as an option for them; hopefully when they come back with the Health Department approval and other decisions they will have that worked out. Councilman Freeman wondered what would happen if at some time in the future one of these gentlemen wishes to sell his stock? Mr. Fabbroni explained that the Town Attorney will attend to that kind of question in his review. Mr. Fabbroni stated that the developer will have to submit a long form Environmental Assessment Statement with this project. Mr. Lowes stated that the form is completed and he presented it to Mr. Fabbroni, Mr. Fabbroni wished to know what the developer was proposing, if anything, for the old dam that is in the creek, Woodcock Creek, and also to what extent they may be considering using the gravel areas on the site? ® Mr. Weisburd stated that they will have more of an answer to the second question at the time of the next meeting -- they are afraid that they might damage the property too much if they do any gravel extraction. He asked if, on the first question, Mr. Fabbroni wanted to know about the dam in relations to the school? Mr. Fabbroni stated that it was the school to which he was referring and noted that there may have to'be some 7 Ell, 'Planning Board -9- May 15, 1979 sort of sophisticated pressure system insofar as fire protection for the school goes. Mr. Weisburd stated that the school would be of frame construction with direct access to the outside; there would probably not be pressurized sprinkler systems. Mr. Weisburd stated that they are keeping in mind the reservoir for a source of water for the farmland. Mr. Fabbroni stated that most of some things that he would pursue with course of an office meeting, if that some questions that can be cleared up his other questions have to do with Mr. Weisburd in the by-laws in the is alright with the Board; there are before discussions with Mr. Buyoucos, Mr. Fabbroni asked if the developer were planning on individual wells? Mr. Weisburd stated that they were. Mr. Fabbroni pointed out to the developer that he must be aware of the Health Department regulations with regard to SPEDES permits, etc., which will be a requirement of any final approval. Mr. Stanton commented that this proposal seems to him to be a much better use of land in an agricultural zone that the typical division of agricultural land. He noted that one of the Planning Board members is a full-time farmer, and he wondered if he.agreed. Mr. Baker stated that he agreed that this was a good proposal for the land.in question. There being no further discussion, the Chair declared the Public Hearing in the matter of the consideration of preliminary subdivision approval for the Inlet Valley Land Co -Op on approximately 98 acres duly closed at 8:45 p.m. Mr. May commented that this looks like a nice project. MOTION by Mrs. Liese Bronfenbrenner, seconded by Mr. Montgomery May: RESOLVED, that the Planning Board of the Town of Ithaca grant and hereby does grant preliminary subdivision approval for Inlet Valley Land Co -Operative Inc., 171 Calkins Road, Town of Ithaca Tax Parcel No. 6-33- 1-4, approximately 98.5 acres, as presented on May 15, 1979, on map entitled, "Final Plat, Inlet Valley Land.Cooperative Inc., Owner: Jerold M. Weisburd, Part of Lot 79, Town of Ithaca, Tompkins County, New York, Project No. 1938," drawn by Rowell and Associates P.C.; 111 West Road, Cortland, N.Y. 13045, subject to the review and approval of the By -Laws of said Cooperative by the Town Attorney and subject to the approval of the Town Engineer of drainage and roadway plans. By way of discussion, Mrs. Bronfenbrenner pointed out Appendix A of the Subdivision Regulations referring to Section 277 (Approval of Plats; Additional Requisites) and in particular the final paragraph thereof which stated that the Planning Board may waive certain provisions. The Board agreed that it will address those matters at the time of final discussion. There being no further discussion, the Chair called for a vote. Aye - Aron, May, Bronfenbrenner, Grigorov, Schultz, Baker, Stanton. Nay - None. Abstain - Mazza. Mr. Mazza stated that he abstained due to a possible conflict of interest. The MOTION was declared to be carried unanimously. e,� / #7 0 • AT a Public Hearing of the Zoning Board of Appeals of the Town of Ithaca, County of Tompkins, State of New York, held in the Town Hall, 126 East Seneca Street,oin the City of Ithaca; on July 2, 1979. PRESENT: Peter K. Francese, Chairman Joan Reuning Edward W. King Edward N. Austen * * * * * * * * * * * * * * * * * * * * * * * * In the Matter of Application of ANN S. COLE * ORDER * To vary the requirements of the Zoning GRANTINGVARIANCE Ordinance of the Town of Ithaca with respect to the premises located at 210 Christopher Lane, Town of Ithaca Tax Parcel No. 6-72-1-1.166, Ithaca, New York * * * * * * * * * * * * * * * * * * * * * * * An application in the above matter to vary the requirements of the Zoning Ordinance of the Town of Ithaca to allow for the issuance of a Certificate of Occupancy by the Building INspector of the Town of Ithaca on a lot upon which there exists a house the set back of which from'the west property line appears to be no greater than four feet (41) less than the required fifteen feet (151), such property being located at 210 Christopher Lane, Ithaca New York, Town of Ithaca Tax Parcel No. 6-72-1-1.166,, having been presented by ANN S. COLE, Robert I. Williamson, Esq., as Agent, to the Zoning Board of Appeals of the Town of Ithaca, and a public hearing by said Board having been duly held after published notice at the place stated above on July 2, 1979, and consideration having been given to the promotion of the health, safety, morals and general welfare of the community in harmony with the general purpose and intent of the ordinance and it having been resolved and determined following such hearing that a need for the use in question exists, and that the convenience and prosperity of the community will be served, and further, that the neighboring persons and property will not be adversely affected and substan- tial justice be done by entry of this Order, it is hereby ORDERED, that this Variance be granted for the westerly side yard and that a Certificate of Occupancy be issued by the Building -Inspector. FINDINGS OF FACT: 1. No one appeared before the Board in opposition to this Appeal for Variance. 2. The situation has existed for some nine years and no damage or detriment to the neighborhood appears to have occurred. 3. A Survey Map, dated June 18, 1979, duly signed and sealed by Howard R. Schlieder, NYS P.E. & L.S., has been presen- ted which shows that the house set back from the west property line of said lot appears to be 11' +, being a difference of only 4' from the required 15'. 4. The lack of a Certificate of Occupancy would cause serious financial harm to the Appellant without any appreciable benefit to the Town of Ithaca. 5. It is in keeping with the spirit and intent of the Zoning Ordinance to permit such house to remain in said location. Dated: Ithaca,'New York Peter K. Francese, Chairm July 3, 1979 Zoning Board of Appeals Town of Ithaca L EXCERPT from Minutes of Zoning Board of Appeals Meeting of July 2, 1979. IN THE MATTER OF: APPEAL OF ROBERT N. AND VIRGINIA D. POWERS FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CONVERSION OF A PORTION OF A LEGAL NON- CONFORMING COMMERCIAL USE TO A MIXED USE OF COMMERCIAL WITH TWO DWELLING UNITS AT 1458 SLATERVILLE ROAD, PARCEL NO. 6-58-2-28, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTIONS 11, 12, 31, 54, 55 OF THE TOWN OF ITHACA ZONING ORDINANCE, PRESENT: Chairman Peter K. Francese, Edward W. King, Joan Reuning, Edward N. Austen. RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca find and declare and hereby does find and declare that the application of Robert N. and Virginia D. Powers, Appellants, appealing the decision of the Building Inspector denying conversion of a portion of a legal non- conforming commercial use to a mixed use of commercial with two dwelling units at 1458 Slaterville Road, Town of Ithaca Tax Parcel No. 6-58-2-28, does not violate Sections 54 and 55 of the Town of Ithaca Zoning Ordinance, and, further RESOLVED, that their request to alter the loft portion of the existing building to make two residential units is proper under those sections and is approved, but, with the understanding that the construction must comply with State Building Codes applicable to residential buildings and the mixed use proposed. Aye - Francese, Austen, King, Reuning. Nay - None. Carried unanimously. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF ITHACA ) I, Nancy M. Fuller, Deputy Town Clerk of the Town of Ithaca, New York, and Secretary to the Zoning Board of Appeals of said Town, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Zoning Board of Appeals of said Town of Ithaca at a Public Hearing held on the 2nd day of July, 1979, with all members of said Zoning Board of Appeals having had due and proper notice thereof, and a Notice of such Public Hearing having been duly and properly posted and published on June 25, 1979, and June 27, 1979, respectively, and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seal of the Town of Ithaca, New York, this 27th day of July, 1979. a yM. u er,Deputy own Clerk and Secret y, Zoning Board of Appeals