HomeMy WebLinkAboutZBA Minutes 1981-09-02 TOWN OF ITHACA ZONING BOARD OF APPEALS
SEPTEMBER 2 , 1981
The Town of Ithaca Zoning Board of Appeals met on Wednesday , September
22 1981 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m .
PRESENT : Chairman Jack D . Hewett , Edward N . Austen , Joan G . Reuning ,
Lewis D . Cartee ( Town Building Inspector ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Wayne and Debra Stokes , Leo and Sam Deeb , James
Iacovelli , Fred Beck , Esq . , Fred Rottmann , Dr . Achilles M . Filios , Candy
Kilbourne , Wesley. J . Wells , Eleanor P . May , Montgomery May , Cristen Eddy
Haltom , Mrs . Sykes , Charlotte Stahl , Barbara Mai , W . F . Mai , James Scaruto ,
Lisa Best ( WHCU ) .
Chairman Hewett declared the meeting duly opened at 7 : 35 p . m .
ADJOURNED APPEAL OF WAYNE AND DEBRA STOKES IN RE OCCUPANCY AT 109 JUDD FALLS
ROAD . ( FROM APRIL 8 , 1981s )
Chairman Hewett declared the Public Hearing in the Matter of the
Adjourned Appeal of Wayne and Debra Stokes duly opened at 7 : 36 p . m . , and
accepted for the record the Clerk ' s Affidavit of Posting and Publication of
the Notice of Public Hearings in Town Hal } and the Ithaca Journal on August
25 , 1981 , and August 28 , 19811 / f9g rvwiyh the Secretary ' s Affidavit of
Service by Mail of said Notice upon Wayne and Debra Stokes , as parties to
the action , on August 28 , 1981 .
With both Mr . and Mrs . Stokes present , Mr . Cartee stated to the Board
that he has made an inspection of the house in question and it is now in
compliance with the requirements of the Zoning Ordinance . Mr . Cartee stated
that the Stokes have been very nice and easy to . work with .
MOTION by Mr : Edward N . Austen , seconded by Mrs . Joan G . Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and
hereby does find that the matter of the Stokes Appeal is Moot and , therefore ,
the Appeal is :-dismissed .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the matter of the Stokes Appeal duly closed
at 7 : 42 p . m .
ADJOURNED APPEAL OF GENE P . NUSE IN RE OCCUPANCY AT 174 KENDALL AVENUE .
( FROM APRIL 8 , 1981 , AND MAY 13 ) 1981 . )
Chairman Hewett declared the Public Hearing in the above - noted matter
duly opened at 7 : 43 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 August 25 , 1981 , and August 28 , 1981 , respectively ,
`��' together with the Secretary ' s Affidavit of Service by Mail of said Notice
upon Gene P . Nuse , as party to the action , on August 28 , 1981 .
Mr . Cartee stated to the Board that Mr . Nuse was unable to attend this
Zoning Board of Appeals - 2 - September 2 , 1981
meeting , however , he ( Caftee ) had made an inspection of the residence in
question and wished to report that Mr . Nuse is occupying one half of the
® residence and two students are occupying the other half and , therefore ,
the property is in compliance with the requirements of the Zoning Ordinance .
MOTION by Mr . Edward N . Austen , seconded by Mrs . Joan G . Reuning :
RESOLVED , . that the Town of Ithaca Zoning Board of Appeals find and
hereby does find that the . , matter of the Nuse Appeal is Moot and , therefore ,
the Appeal is dismissed .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the matter of the Nuse Appeal duly closed at
7 : 45 p . m . ,
ADJOURNED APPEAL OF CHIA C . KUO IN RE OCCUPANCY AT 102 SHARLENE DRIVE .
( FROM DECEMBER 17 , 1980 . )
Chairman Hewett declared the Public Hearing in the above - noted matter
duly opened at 7 : 45 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 August 25 , 1981 , and August 28 , 1981 , respectively ,
® together with the Secretary ' s Affidavit of Service-. by Mail of said Notice
upon Chia C . Kuo , as party to the action , on August 28 , 1981 .
Mr . Cartee stated to the Board that Mr . Kuo is out of town and he
expressed on his behalf Mr . Kuo ' s regret that he could not attend . Mr .
Cartee reported that he made an inspection of the premises in question and
found the property in compliance with the requirements of the zoning
ordinance .
MOTION by Mrs . Joan G . Reuning , seconded by Mr . Edward N . Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and
hereby does find that the matter of the Kuo Appeal is Moot and , therefore ,
the Appeal is dismissed .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the matter of the Kuo Appeal duly closed at
7 : 47 p . m .
ADJOURNED APPEAL OF JAMES IACOVELLI IN RE CONVERSION OF EXISTING STORAGE
_ BUILDING TO A SINGLE FAMILY RESIDENCE AT 111 KENDALL AVENUE . ( FROM JULY
22 , 1981 . )
Chairman Hewett declared the Public Hearing in the above - noted matter
duly opened at 7 : 47 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 August 25 , 1981 , and August 28 , 1981 , respectively ,
Zoning Board of Appeals - 3 - September 2 , 1981
together with the Secretary ' s Affidavit of Service by Mail of said Notice
upon James Iacovelli , as party to the action , on August 28 , 1981 .
® Mr . Iacovelli appeared before the Board . Mr . Austen asked for a review
of the request before the Board . to which the Secretary replied that the.
matter before the Board was to utilize an existing foundation which required
the granting of a variance of 25 . 5 feet for the rear ( northerly ) lot line
and a 6 foot variance to the west lot line being the paper road known as
Tennessee Avenue , and that the matter had been adjourned in order that the
members might view the site personally .
Mr . Hewett stated that he went up to the site . and saw nothing wrong
with what Mr . Iacovelli has proposed , particularly in view of the " paper "
street involved and the existence of the Therm , Inc . fence .
Mr . Iacovelli pointed out that he is able to build ' a home on this lot
totally within the requirements of the present ordinance since it is a legal
lot , the variance being requested in order to utilize an existing foundation
rather than starting from scratch . He stated that he thought probably the
neighbors wanted to stop him from building on the lot , not being aware that
he can build there under the law .
Mr . Austen stated that he went up and walked around the property and
looked at it . He stated that there is an existing foundation that can be
used and he could see nothing wrong with it . He said there is no use for
the paper road which has been on the old subdivision map since the 1890s .
Mrs . Reuning stated that she saw no problem either .
® Mr . Cartee asked Mr . Iacovelli if the parking area would be the drive -
way or did he have something else in mind . Mr . Iacovelli stated that a
retaining wall is there with a 10 - foot overhang and spaces will be established
there for two cars . Mr . a rtee inquired how many bedrooms would be in the
proposed residence . Mr . Iacovelli replied that there would be four bedrooms .
Mr . Cartee reminded Mr . Iacovelli of the occupancy regulations under the
ordinance which permit three unrelated persons dwelling in a structure .
Mr . Iacovelli stated that he was aware of the regulations and added that he
is proposing a single family house .
MOTION by Mr . Jack D . Hewett , seconded by Mrs . Joan G . Reuning :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant a variance of 25 . 5 feet to permit a rear yard
of . 4 . 5 feet from the northerly lot line and a variance of 6 feet to permit
a side yard of 4 feet from the west lot line adjacent to a road designated
as Tennessee Avenue on the Ithaca Land Company map of 1895 , such variances
being granted from the requirements of Article III , Section 7 , of the
Town of Ithaca Zoning Ordinance , and thereby permitting the conversion of
an existing storage building to a single family residence at 111 Kendall
Avenue , Town of Ithaca Tax Parcel No . 6 - 54 - 4 - 44 , by Mr . James Iacovelli ,
Owner , with the stipulation that at least two parking spaces be provided
on - site and off - street .
There being no further discussion , the Chair called for a vote .
40
Aye - Hewett ,.:., Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Zoning Board of Appeals - 4 - September 2 , 1981
Chairman Hewett decarled the matter of the Iacovelli Appeal duly
closed at 8 : 01 p . m .
® APPEAL OF TOMPKINS COUNTY EXPO , ASSOC . , APPELLANT , WESLEY J . WELLS , AS
AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SPECIAL PERMIT
FOR A COUNTY FAIR TO BE HELD FOR FIVE ( 5 ) DAYS , SEPTEMBER 23 - 27 , 19817 ON
THE SITE OF THE FORMER RUMSEY - ITHACA CORP . PROPERTY , NOW OWNED BY THE FINGER
LAKES STATE PARK AND RECREATION COMMISSION , SOUTH OF EAST BUTTERMILK FALLS
ROAD AND WEST OF SAND BANK ROAD , TAX PARCELS N0 , 6 - 35 - 1 - 1 , 6 - 35 - 1 - 2 . 1 ,
AND 6 - 35 - 1 - 2 . 2 , ITHACA , N . Y . PERMIT IS DENIED BY THE BUILDING INSPECTOR
UNDER ARTICLE V , SECTION 18 , PARAGRAPH 5 , AND ARTICLE XII , SECTION 53 , OF THE
TOWN OF ITHACA ZONING ORDINANCE .
Chairman Hewett declared the Public Hearing in the above - noted matter
duly opened at 8 : 01 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 August 25 , 1981 , and August 28 , 1981 , respectively ,
together with the Secretary ' s Affidavit of Service by Mail of said Notice
upon Wesley J . Wells , other parties in interest , and various neighbors of
the property in question , on August 28 , 1981 .
It was noted that at its meeting of July 22 , 1981 , the Board of
Appeals granted a Special Permit , with conditions , to the Expo for its Fair
to be held on this site for five days , September 15 - 19 , 1981 .
Mr . Wells stated to the Board that they were all set for the Fair but
the shows could not come then , so they are requesting the Permit for the
® next week , September 23 - 27 , 1981 , with the same conditions .
Mr . Hewett asked if this change would affect the matter of policing or
any other matters . Mr . Wells stated that it would not ; everything is the
same as proposed and approved .
Mr . Cartee stated that he would like to suggest that the Board place
an additional condition on their approval , should it be granted with the
same conditions , that the Fair fill in some pretty deep holes at the
entrance / exits to the County Fair site . He stated that there are some
pretty bad holes in that area .
Mr . Wells . stated that he had asked the Park Commission about this and
they say that the Town owns the road and the Town says the Park does . He
noted that it is used by school busses and Town trucks .
Mr . Hewett stated to Mr . Wells that he thought the Fair people better
see to the filling of the holes . Mr . Wells commented that it probably needs
some grading .
Mr . Cartee pointed out that it is not the road in its entirety , only
at the entrance , adding that there would be about twenty minutes work
involved . Mr . Wells stated that he will take care of it . Mr . Hewett noted
that they have three weeks . Mr . Hewett asked that Mr . Cartee check this
repair matter out about a week before the Fair opens . Mr . Cartee stated
® that he would . and commented that there is about 25 ' involved .
The Secretary offered for the record two letters received this date
from ' Mr . Frank R . Liguori , P . E . , Tompkins County Commissioner of Planning ,
and from Mrs . Margie Rumsey , neighbor , as follows :
1 . Liguori : " Re : Zoning Review Pursuant to Section 239 - 1 and -m of the
New York State General Municipal Law .
Zoning Board of Appeals - 5 - September 2 , 1981
Case : Special Permit application of Tompkins County Exposition
Association to hold fair at Route 13 and East Buttermilk Falls
® Road .
Dear Mr . Cartee :
This will acknowledge the receipt of the proposal for review under
Section 239 -m .
The proposal , as submitted , will have no significant deleterious
impact on intercommunity , county , or state interests . Therefore , no
recommendation is indicated by the County Planning Department and you
are free to act without prejudice . "
2 . Rumsey : " September 2 , 1981
Town of Ithaca Zoning Board of Appeals
APPEAL OF TOMPKINS COUNTY EXPO
Last year you promised to give only a. one year permit
to the Tompkins County Expo to use the old Rumsey - Ithaca
site for the purpose of holding a fair .
You have now granted them an additional year . We do not
want this to continue .
® We insist that you honor your original promise .
( sgd . ) Margie Rumsey "
Chairman Hewett asked if anyone were present to speak for or against
this matter . No one spoke .
MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning :
RESOLVED , that the 'Town of Ithaca Zoning Board of Appeals having
interpreted Section 18 , paragraph 5 , ' of the Town of Ithaca Zoning Ordinance
as providing its authority , grant and hereby does grant a Special Permit
to the Tompkins County Expo . Association , Wesley J . Wells , as Agent , for
a County Fair to be held for five days , September 23 - 27 , 1981 , on the site
of the former Rumsey - Ithaca Corp . property , now owned by the Finger Lakes
State Park and Recreation Commission ; south of East Buttermilk Falls Road
and west of Sand Bank Road , Tax Parcels No . 6 - 35 - 1 - 1 , 6 - 35 - 1 - 2 . 1 , and
6 - 35 - 1 - 2 . 2 , Ithaca , N . Y . , subject to the condition that the Executive
Secretary of said Expo . Association and the Fair officials will cooperate
fully with the Town of Ithaca Building Inspector and with the Town of
Ithaca Engineer , and during the course of the operations will listen to
and abide by any recommendations that they may have , and further , upon the
understanding that the Expo . will provide sixteen ( 16 ) porta - johns
initially , and further , with additional provisions requiring that the
Fair Administrators see to the .barricading or blocking off of the two
® areas or streets known as West Buttermilk Falls Road and East Buttermilk
Falls Road to prevent traffic there , and that they also provide safety
personnel in these areas to see that private property rights are respected
and that there is no trespassing , and further , that they make every effort
to keep the dust down on that roadway and to minimize the impact of the
noise in the residential zones whether it be by moving the speakers around
or in any way that they can , and further , that the water be tested again
and okayed by _ the Tompkins County Health Department , and further , that the
Zoning Board of Appeals - 6 - September 2 , 1981
food services be okayed by the Tompkins County- Health Department , and
further , upon the condition that there be regrading of the 25 - foot area
from the berm of the highway at the entrance / exit to the Fair site , and
FURTHER RESOLVED , that this will be the last time that this Board will
recommend the . granting of a permit for the Fair for this site and that this
Board hopes that the Fair can be located in the future in the Southwest Park
Site or wherever it desires to locate permanently .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to . be carried unanimously .
Chairman Hewett declared the Public Hearing in the matter of the Tomp -
kins County Expo . Association Appeal duly closed at 8 : 10 p . m .
APPEAL OF CRISTEN EDDY HALTOM , APPELLANT , FROM THE DECISION OF THE BUILDING
INSPECTOR DENYING PERMISSION TO KEEP CHICKENS AT 1346 SLATERVILLE ROAD , TAX
PARCEL N0 , 6 - 60 - 1 - 31 , ITHACA , N . Y . ; PERMISSION IS DENIED BY THE BUILDING
INSPECTOR UNDER ARTICLE IV , SECTION 12 , OF THE TOWN OF ITHACA ZONING ORDINANCE
Chairman Hewett declared the Public Hearing in the above - noted matter
duly opened at 8 : 10 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 August 25 , 1981 , and August 28 , 1981 , respectively ,
together with. the Secretary ' s Affidavit of Service by Mail of said Notice
upon Cristen Eddy Haltom , as party to the action , and upon the various
neighbors . of the property in question , on August 28 , 1981 .
The Appeal Form , signed by. Cristen Eddy Haltom , dated August 12 , 1981 ,
and reading as follows , was submitted as part of the record .
" Having been denied permission to raise chickens at 1346 Slaterville Road ,
Ithaca , N . Y . . . . in violation of Article IV , Section 12 , . . . my husband is
a student and works part - time . . I have a full time job . We have two small
children . We wish to raise a few chickens (1 rooster and 5 hens ) and grow
a garden . to save money on food costs . We are also concerned about food
quality and wish to provide our own eggs and vegetables . The chickens
would be provided with ' a small structure (no more than 4 ' x 5 ' x 4 ' ) and a
fenced in area ( low sturdy fenced reinforced with chicken wire ) . We plan
to clip the wings of the chickens . "
Mrs . Haltom appeared before the Board and stated that they had just
purchased this house on Slaterville Road and that approximately 250 ft . from
the road they are proposing a . fenced in area of 10 x 15 feet . with a small
structure inside that . She stated that they would like to have a rooster
and two or three hens . - and that they only want the eggs . A Survey Map
prepared by- T . G . Miller P . C . , Engineers & Surveyors , dated July 9 , 1981 , of
the property known as 1346 Slaterville Road was presented as part of this
Appeal , copies of which had been mailed to the Board members . Mr . Cartee
noted that the area is zoned Residential R- 15 and pointed out the three - foot
requirement for set back of an accessory building .
Chairman Hewett asked if anyone were present to speak for or against
this matter .
Mrs . Eleanor May , 1360 Slaterville Road , stated from the floor that
Zoning Board of Appeals - 7 - September 2 , 1981
they had chickens for years and nobody ever said a word . Mrs . May commented
that they did have to get rid of the rooster but there were absolutely no
problems in their having chickens . Both Mr . and Mrs . May indicated that
they liked the idea of such a use .
Mrs . Elizabeth Sykes , 1342 Slaterville Road , stated from the floor that
her only concern is that they be adequately fenced .
A letter from Mr . Frank R . Liguori , P . E . , Tompkins County Commissioner of
Planning , to Mr . Cartee , dated September 1 , 1981 , reading as follows , was
entered into the record :
" Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State
General Municipal Law ,
Case : Use variance appeal of C . E . Haltom at 1346 Slaterville Road ( Route
79 )
Dear Mr . Cartee :
This will acknowledge the receipt of the proposal for review under Section
239 -m .
The proposal , as submitted , will have no significant deleterious impact
on intercommunity , county , or state interests . Therefore , no recommendation
is indicated by the County Planning Department and you are free to act
without prejudice . "
Mr . Cartee stated that he would like the Board to consider as a condi -
tion that a building permit be obtained for the structure that is proposed .
MOTION by Mr . Jack D . Hewett , seconded by Mrs . Joan G . Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant permission for Mr . and Mrs . Haltom , Cristen Eddy Haltom ,
Appellant , to keep one rooster and five hens , as proposed , at 1346 Slater -
ville Road , Town of Ithaca Tax Parcel No . 6 - 60 - 1 - 31 , with the condition
that a building permit be obtained from the Building Inspector for the
proposed structure , the location of which must be approved by said Building
Inspector .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the Public Hearing in the matter of the
Cristen Eddy Haltom Appeal duly closed at 8 : 24 p . m .
APPEAL OF DR . ACHILLES M . FILIOS , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A
® GARAGE CREATING SIDE AND FRONT YARDS DEFICIENT IN SIZE AT 1125 TRUMANSBURG
ROAD , TAX PARCEL NO , 6 - 26 - 4 - 29 , ITHACA , N . Y . PERMIT IS - DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION
75 , OF THE TOWN OF ITHACA ZONING ORDINANCE .
Chairman Hewett declared the Public Hearing in the above - noted matter
duly opened at 8 : 25 p . m . and accepted for the record the Clerk ' s Affidavit
. Zoning Board of Appeals - 8 - September 2 , 1981
of Posting and Publication of the Notice of Public Hearings in Town Hall
and the Ithaca Journal on August 25 , 1981 , and August 28 , 1981 , respectively ,
® together with the Secretary ' s Affidavit of Service by Mail of said Notice
upon the various neighbors of the property in question and upon Dr . Filios ,
as party to the action .
Having been submitted to the Board with their Agenda in the mail ,
the Appeal Form signed by Dr . Filios and dated July 21 , 1981 , with attached
drawing , and reading as follows , was submitted for the record .
" Having been denied permission to construct a garage at 1125 Trumansburg
Road , Ithaca , N . Y . . . . . in violation of Article - IV , Section 14 , and Article
XIV , Section 75 . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as
follows : The driveway is extremely steep , very difficult to exit onto
Route 96 ( Trumansburg Rd ). . The garage was positioned closer to the road
due to the slope of the lot . It is the only place on my property that
allows me to construct . _ a turn around to facilitate exit . Previous years
I had to park by the curb of the road with very busy traffic ( during the
winter . ) "
A revised drawing was submitted this date . which indicated that Dr .
Filios had changed the proposed location of the garage to 25 ' from his
lot line ( front yard ) , thereby negating the need for a front yard variance .
Mr . Cartee stated to the Board , as background , that some months ago ,
actually about two years ago , Dr . Filios started the foundation for this
garage , doing the work himself , and just recently he started the upper
part totally unaware that he needed a building permit since he thought
® that if he did the work himself he did not need a permit . He stated that
it has turned out that the yard requirements were not met and also the
foundation turned out to . be over a NYSEG transmission line , and thus the
variance application has been amended in that the garage is to be moved
back so that it is 25 ' from the lot . line in front . He noted that - this
would mean that the structure meets the front yard requirement - of the
ordinance but that a variance is still requested for the side yard , i . e . ,
a 5 ' 5 " variance to allow a 417 " side yard on the south side ( 10 ft . being
required ) .
Six photographs of the premises were distributed and Mr . Cartee asked
the Board to look carefully at them and to note the difficulty in getting
into the driveway , it being very steep .
Dr . Filios appeared before the Board and stated that it is unfortunate
that this happened and apparently his neighbors have some problems with
this construction which he never realized . He stated that if they tell
him how they want him to relocate the garage , he will do so if at all
possible bearing in mind the steep slope of his land .
Mr . Hewett noted that the Board had received a copy of a letter from
persons involved with 1121 Trumansburg Road which is the property to the
south indicating that they have no objection , as follows :
" August 28 , 1981
Mr . Lewis Cartee
Zoning Board of Appeals . . .
Re : Construction of Garage by Dr . Achilles Filios at 1125 Trumansburg Road
Dear Mr . Cai� tee :
Zoning Board of Appeals - 9 - September 2 , 1981
a
Please be advised that I manage premises at 1121 Trumansburg Road , which
is adjacent to the above property , and I am writing this on behalf of the
® owners of 1121 Trumansburg Road to state that they have no objection to the
construction of the garage built by Dr . Filios .
( sgd . ) James E . Gardner , Jr . "
Also submitted for the record was a letter from Frank R . Liguori , P . E . ,
Tompkins County Commissioner of Planning , dated September 1 , 1981 , and
reading as follows :
" RE : . Zoning Review Pursuant to Section 239 - 1 and -m of the New York State
General Municipal Law ,
CASE : Area variance appeal . of A . M . Filios at 1125 . Trumansburg Road
( Route 96 )
Dear Mr . Cartee :
This will acknowledge the receipt of the proposal for review under Section
239 -m .
The proposal , as submitted , will have no significant deleterious impact on
intercommunity , county , or state interests . Therefore , no recommendation is
indicated by the County Planning Department and you are free to act without
prejudice . "
® Chairman Hewett asked if there were anyone present wishing to speak
for or against this matter .
Attorney Fred Beck , with the Thaler and Thaler Office at 309 North
Tioga Street , stated that he wished to speak on behalf of Henrietta
Rottman , 1117 Trumansburg Road , a neighbor , and her husband who is present
for this hearing . Mr . Beck stated that the Rottmans reside two doors to
the south of the construction and also . stated that he should indicate that
Mr . and Mrs . Scaruto of 1115 Trumansburg Road , three doors to the south ,
are also in attendance . Mr . Beck stated that it is clear that the
construction is in violation of the Town zoning ordinance . Mr . Beck stated
that the Rottman living room is set out such that when Mrs . Rottman watches
the TV set , if she looks out the porch door she can see the sun set to the
northwest . He stated that the construction totally deprives her of that
ability to watch the sun set at night . Mr . Beck stated that this may
appear as a small thing , but she is very sincere . Continuing , Mr . Beck
stated that in essence what Dr . Filios has already constructed is such
that the garage sits forward of the front of that - of the house to the
south and , he thought , to the north , and is really an animal that is out
of place . Mr . Beck stated that , as he understood it , Dr . Filios is
prepared to alter his plans to be 25 ' from the east side of the road ,
however , the west side of the garage will still be forward some 4 ' from
the house next door . Mr . Beck suggested that if Dr . Filios were able to
establish the west line of his garage on a line consistent with the
west line of the house immediately to the south he ( Beck ) thought there
® would no longer be a problem and objections would be removed and the
concern removed and Mrs . Rottman could still watch the sun set .
Mr . Hewett asked Dr . Filios if this were possible to do . Dr . Filios
stated that all the residents enjoy the view and yet he is certain that
there are trees in his neighbors ' yards that keep him from viewing Cornell
from his living room . Dr . Filios inquired of the Board , if he were to
`Zoning Board of Appeals - 10 - September 2 , 1981
build a garage straight from the beginning , what would his legal obligations
® to this Board be - - where could he put it . legally - - how far away does he
have to be ? Mr . Cartee referred the Board to Section 14 of the ordinance
which sets forth a front yard depth of not less than 25 feet . Mr . Cartee
stated that he would like to draw the Board ' s attention also to Section 13
of the ordinance which sets forth that where the slope of a lot exceeds
8 per cent from the street a garage may be located in the front or side
yard not less than 5 feet from the street line as approved by the Board
of Appeals .
Mr . James . , Scaruto , 1115 Trumansburg Road , stated that as far as he
was concerned the matter of the four feet forward would pose no problem ,
however , he was concerned about the precedence of permitting the garage
as originally proposed and then everyone building too far forward .
Mr . Hewett stated . that , personally , he would like to take a look at
this property . Mrs . Reuning and Mr . Austen stated that they would like to
do the same .
Mr . Rottman stated that he has been reading the ordinance and he
understands that any building that is being built should meet the require -
ments of the building next door insofar as average depth - Section 14 .
MOTION by Mr . Jack D . Hewett , seconded by Mr . Edward N . Austen :
RESOLVED , that the matter of the Filios Appeal be and hereby is
adjourned to the next meeting of the Zoning Board of Appeals ' of the Town of
® Ithaca .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the matter of the Appeal of Dr . Achilles M .
Filios duly. adjourned at 8 : 50 p . m . until the next meeting of the Board .
APPEAL OF LEO DEEB , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR
DENYING PERMISSION FOR THE CONVERSION OF AN EXISTING BUILDING HOUSING A NON-
CONFORMING USE ( VEHICLE REPAIR ) TO A CONVENIENT MARKET AT 522 EAST SHORE
DRIVE , TAX PARCEL NO , 6 - 16 - 1 - 3 , ITHACA , N . Y . PERMISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , AND ARTICLE XII , SECTION
54 , OF THE TOWN OF ITHACA ZONING ORDINANCE .
Chairman Hewett declared the Public Hearing in the above - noted matter
duly opened at 8 : 51 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 August 25 , 1981 , and August 28 , 1981 , respectively ,
together with the Secretary ' s Affidavit of Service by Mail of said Notice
upon the various neighbors of the property in question , including the
® Ithaca City School District , and upon Mr . Deeb , as party to the action '
on August 28 , 1981 .
1
Mr . Leo Deeb and his brother , Dr . Sam Deeb , appeared before the Board
to present the Appeal . The Appeal Form with attached sketch had been
mailed prior to the meeting to the Board members , the Appeal Form reading
as follows : 4
Zoning Board of Appeals - 11 - September 2 , 1981
" Having been denied permission to remodel for a convenient market store . . . .
® The existing building and structures are presently used • as a gasoline ,
filling and service station . The present use is a nonconforming use . It is
applicant ' s plan to eliminate the garage portion of the business and operate
a filling station with a convenient market store in conjunction therewith .
The plans are that there will be no additions or external additions or
changes except the two bays or garage openings will be changed and new
fronts with an entrance way will be erected within the existing structure
and foundations . The present structure and use will require remodeling in
order to sell and dispense food products , etc . The servicing of vehicles
for repairs , grease and oil is not practical and feasible . To continue
to operate the same business as exists will create an unnecessary hardship
upon the applicant . Therefore , a variance is requested to permit the
remodeling of the existing structure to permit a convenient market store .
( sgd . ) Leo Deeb
Dated : August 14 , 1981 "
Dr . Sam Deeb stated to the Board that the structure will remain the
same , however , conditions will be improved . He stated that the grease and
oil and garage repairs will be torn out and the doors will be closed . He
stated that the store goes back thirty or forty years and has sold milk ,
bread , etc , and that they want to expand that part of the operation .
Chairman Hewett asked if there were anyone present who wished to speak
on this matter .
® Dr . William F . Mai , 613 East Shore Drive , stated that he was concerned
with the traffic , the hours of operation and the area remaining residential
in character . He stated that this is not a very good location , it being
a high accident area , and he was concerned about the area going away from
its residential character .
Mrs . Charlotte Stahl , 609 East Shore Drive , stated that she lives in
the first house next door and that Mr . Deeb is a very nice neighbor , but
she is worried about the noise and traffic . She stated that it is a
residential area and it should be kept that way .
Mrs . Barbara Mai stated that her . objection is with convenience stores
with long hours of operation . She stated that she is not so concerned
right now as to what Mr . Deeb does , but once he sold it what would happen
with it such as beer and bright lights . and with the school nearby that
would not be a suitable use for that building . Mrs . Mai stated that Mr .
Deeb does carry candy but not much milk or bread in recent years . She
said that this is something new and an expansion of what they have had .
Mr . Leo Deeb stated that he will have " junk " food , cookies and the
like , adding that they used to sell milk . He stated that he would not
be open until 10 : 00 or 11 : 00 and stated that he closes at 6 : 00 now ,
opening at 6 : 30 a . m .
® Dr . Sam Deeb stated that he was sure the " market " would enhance this
area , noting that there would be more light on the corner . Dr . Deeb
stated that the garage is far enough away from anybody that it in no way
would hinder anybody . He stated that his brother would not abuse anything .
He stated that this change in business use would make his brother ' s situa -
tion more possible financially . He stated that the number of cars his
brother used to work on was around ten a day and now is about two a week .
* ' Zoning Board of Appeals - 12 - September 2 , 1981
Dr . Deeb stated that this proposal is basically a necessity . He stated
® that if he ( Leo ) does not enlarge , it would just remain as it is . He
said the premises would be more beautified rather than the way it is now .
Dr . Deeb stated that he ( Leo ) will still pump gas .
There followed an open discussion among the Board members , those
present in the audience , and with the Messrs . Deeb , Sam Deeb described
that there is plenty of land for parking out in the back . A discussion
among those present ensued pertaining to the above - ground storage tanks
located on the property , it being noted that one remains empty . During
such discussion Leo Deeb noted that the building would remain exactly
the same size , the lift removed , the inside panelled and insulated , shelving
installed .
Mr . Cartee stated that , inasmuch as Mr . Deeb has not submitted plans ,
the Board only has a visual idea . He stated that he is concerned about
having some plans which would indicate what kind of store , the variety of
foods , a lot of people . or a _ - few � people stopping for a minute on the way
home , parking to the north toward Stewart Park , the plans for the two
above - ground tanks , one containing fuel , the curve in the road , the
projected traffic . Mr . Cartee stated that it was his opinion that a
set of plans is needed as to how the structure will be renovated , the
parking and where it will be and if it will be other than what is existing
now . Mr . Cartee asked if the Exxon sign will stay there and asked if he
could get rid of the second tank to be safer . He asked for the hours of
operation to be clarified and if there would be alcoholic beverages for
sale . _ .
® Mr . Leo Deeb said that there would be no beer sold .
Mr . Austen stated that he is familiar with Deeb ' s store , but would
like to visit the site again . Both Mrs . Reuning and Mr . Hewett acknowledged
their familiarity with Deeb ' s but agreed that they would like to view it
again .
MOTION by Mr . Edward N . Austen , seconded by Mrs . Joan G . Reuning :
RESOLVED , that the Public Hearing in the matter of the Leo Deeb Appeal
be and hereby is adjourned sine die .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the matter of the Appeal of Leo Deeb duly
adjourned at 9 : 10 p . m .
ADJOURNMENT
Upon Motion , Chairman Hewett declared the September 2 , 1981 , meeting
of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 11 p . m .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
Jack D . Hewett , Chairman
Zoning Board of Appeals