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HomeMy WebLinkAboutZBA Minutes 1983-12-14 TOWN OF ITHACA ZONING BOARD OF APPEALS DECEMBER 14 , 1983 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , December 14 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Jack D . Hewett , Edward W . King , Edward N . Austen , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Wanda G . Lovejoy , David Reynolds , Deborah Gesensway ( Ithaca Journal ) . Chairman Aron declared the meeting duly opened at 7 : 03 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 December 6 , 1983 and December 9 , 1983 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties in question , upon the Tompkins County Commissioner of Planning , and upon each of the Appellants , as party to the action , on December 7 , 1983 . APPEAL OF DAVID REYNOLDS , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A TWO -CAR GARAGE WITH A FRONT YARD SETBACK OF LESS THAN 30 FEET , AT 102 LONGVIEW DRIVE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 28 - 1 - 34 . 3 . PERMIT IS DENIED UNDER ARTICLE V , SECTION 211F AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 03 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Mr . Reynolds was present . Chairman Aron read from the Appeal Form , with three attached drawings , as signed and submitted by David Reynolds under date of December 2 , 1983 , as follows : " . . . I cannot put building closer to house because the water well is next to our parking space denying me of proper distance from the road . There would be adequate distance of 15 ' from my lot line however . Thank you . I believe this is 8 feet short of the requirement . " ( Attachments - - ( 1 ) Site Plan of property as it exists ; ( 2 ) Proposed Site Plan showing proposed garage location ; ( 3 ) Proposed Elevation drawing , 30 ' x 22 ' x 12 ' in height . ] Chairman Aron asked Mr . Reynolds if he had anything to add to his Appeal . Mr . Reynolds stated that he thought he made an error in that the garage will be seven ( 7 ) feet short of the requirement - - not eight . It was determined that seven feet was the correct number . Zoning Board of Appeals 2 December 14 , 1983 Chairman Aron asked if there were anyone present who wished to speak for or against this matter . No one spoke . Board discussion with Mr . Reynolds followed with respect to the drawings submitted and explanation therefor . Mr . King noted that the proposal is for a garage 23 feet from the road right of way , the requirement being 30 feet . Mr . King pointed out that the 30 - foot requirement is the minimum , however , the set back should also be the average of the setback of neighboring houses . Mr . Reynolds stated that his problem is that he cannot come any farther back because of the well . Mr . King stated to Mr . Reynolds that he could put the garage back farther than the well , or put it beside the house , or even over the well house . Mr . King commented that he felt the Board did not have enough information as to what this garage would look like in relation to the other houses . Mr . Cartee described the neighborhood and noted that Longview Drive has three houses on it , is a very short street , and ends in a cul de sac . Mrs . Reuning pointed out that moving the garage back would block out the windows on Mr . Reynolds ' home . Mrs . Reuning asked Mr . Reynolds how big his lot is . Mr . Reynolds replied that his lot is 300 feet deep , however , the septic system is back there . Mr . King asked Mr . Reynolds if there were a house north of his property , to which Mr . Reynolds replied , yes , adding that it is the last residential lot on that side of the street . Mr . King noted that no one was present to speak to this matter and asked about the notification of neighbors . The Secretary read the names ( 12 ) of those neighbors who had been notified by mail of this public hearing . Mr . Austen inquired about trees or shrubs which might be located on the property . Mr . Reynolds described pine trees on the lot line . Mr . Cartee stated that he had been to the site and discussed the situation with Mr . Reynolds with regard to this proposal for a garage . Mr . Cartee noted that there are similar situations in the Town of garages in the front yard , mentioning the recent appeal , which was granted , with respect to a garage on Juniper Drive . Mr . Cartee stated that he had no problem with the proposal himself . Mr . Hewett stated that it is obvious that the neighbors do not seem to have a problem with it either . Mr . King commented that this is an unusual situation in that the property is on a cul de sac and there is , perhaps , not the necessity to maintain or allow for a clear view of traffic , adding that we are talking about seven feet . MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of seven ( 7 ) feet from the 30 - foot front yard setback requirement of Section 21 of the Town of Ithaca Zoning Ordinance to permit the construction of a two - car garage no closer than twenty - three feet ( 23 ' ) from the westerly right of way line of Longview Drive , at 102 Longview Drive , Town of Ithaca Tax Parcel No . 6 - 28 - 1 - 34 . 3 , as requested by David Reynolds , Appellant , and as shown on drawing presented to Zoning Board of Appeals 3 December 14 , 1983 said Board of Appeals by David Reynolds , at Public Hearing , this date , December 14 , 1983 . By way of discussion , Mr . Cartee pointed out that Mr . Reynolds has to submit an application for building permit for his proposed garage showing location , size , and details . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in the matter of the Reynolds Appeal duly closed at 7 : 17 p . m . APPEAL OF WANDA G . LOVEJOY , PRESIDENT , TOMPKINS COUNTY AMATEUR RADIO CLUB , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE ERECTION OF A C . B . RADIO ANTENNA , 36 FEET IN HEIGHT , AT B . O . C . E . S . , 555 WARREN ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 73 - 1 - 1 . 31 . PERMIT IS DENIED UNDER ARTICLE IV , SECTIONS 12 AND 13 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 17 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Mrs . Lovejoy was present . Chairman Aron read from the Appeal Form as signed and submitted by Wanda G . Lovejoy , President , Tompkins County Amateur Radio Club , under date of November 28 , 1983 , as follows : " . . . Having been denied permission to install a radio tower and antenna for Tompkins County Amateur Radio Club at BOCES , 555 Warren Road . . . If we can ' t have the antenna , we can ' t have a radio station . The station to be used primarily for educational purposes . Maximum tower height will be 36 feet . " Chairman Aron read from the July 7 , 1980 " Height of Structure Amendment to the Zoning Ordinance " , as follows : " In Residential Zones R - 9 , R- 15 , and R - 30 , no building or structure shall be erected , altered or extended to exceed thirty ( 30 ) feet in height . In Agricultural Zones , no non - agricultural structure shall be erected , altered or extended to exceed thirty ( 30 ) feet in height . For purposes of this provision , the height of a structure shall be measured from the floor in contact with the ground surface . " Chairman Aron asked Mrs . Lovejoy if she had anything to add . to the Appeal . Mrs . Lovejoy stated that she would like to point out , first of all , that the tower is for amateur radio and not C . B . radio . Mrs . Lovejoy stated that the reasons for constructing the tower and antenna are for emergency , civil 40 emergencies , and educational purposes for students at BOCES who are taught theory and electronics combined with getting their Amateur Radio licenses . Zoning Board of Appeals 4 December 14 , 1983 Chairman Aron asked Mrs . Lovejoy , were the tower and antenna to be 30 feet in height , how the reception or transmission of signals might or might not be changed . Mrs . Lovejoy stated that in the location that they wanted to place the tower there was no way to have the height be 30 feet because the antenna extends ten feet below the tower and the roof is 15 feet high . She noted that the structure is erected at ground level and rises 36 feet from the ground level . Chairman Aron asked how far the structure would extend above the roof line , to which Mrs . Lovejoy replied , 21 feet . Mr . Austen asked if Mrs . Lovejoy had any pictures or drawings of this tower . Mrs . Lovejoy stated that she had with her some very poor pictures of the antenna itself but they do show where it is attached . Using a picture she had , Mrs . Lovejoy indicated to the Board members where BOCES wants the antenna put up , noting that it is right up next to a particular window . Mr . King wondered what the building is that the antenna would be next to . Mrs . Lovejoy stated that it is outside of the industrial electronics classroom and would be braced to the building . Mr . Hewett asked Mrs . Lovejoy if she were not the person to whom the astronauts recently spoke from space . Mrs . Lovejoy stated that she was , indeed . Discussion followed with respect to this exciting event . Returning to the matter at hand , Chairman Aron asked if the • tower will stay up without guys . Mrs . Lovejoy stated that it will , adding that it is a " base tip - over " tower , i . e . , it is hinged at the base , so it is not necessary to get up on the roof to make any necessary repairs . Chairman Aron asked about the strength of the tower , to which Mrs . Lovejoy replied that it is designed for 70 - mile - an - hour winds . Specifications and engineering details for the tower and antenna were discussed at some length by the Board and Mrs . Lovejoy . It was noted that the antenna is a directional antenna . Mr . King asked what -the height of the highest building is at BOCES . Mrs . Lovejoy stated that they are all the same height - about 15 feet . Mr . Austen pointed out that there are 45 - foot light poles at BOCES . Chairman Aron asked Mrs . Lovejoy if she taught amateur radio broadcasting at BOCES . Mrs . Lovejoy replied that she did teach , adding that she just finished an eight -week class where 23 of 26 students passed . Mr . Austen wondered if they still learn Morse Code , to which Mrs . Lovejoy replied , yes . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Amateur Radio Club Appeal . No one spoke . The Secretary asked that the record show that the following letter from Dr . Roy Dexheimer , District Superintendent , Tompkins - Seneca -Tioga Board of Cooperative Educational Services , dated December 2 , 1983 , was received by the Building Inspector on December 6th , with a copy thereof having been sent to each Board member : " Tompkins - Seneca - Tioga BOCES is entering a cooperative arrangement with the Tompkins County Amateur Radio Club to establish an Amateur Radio Station at the Area Vocational Center , f Zoning Board of Appeals 5 December 14 , 1983 555 Warren Road , Ithaca . This Club does have our permission to use space at the Vocational Center to operate its equipment , as well as our permission to install an appropriate antenna for this operation . JOur contact person is Wanda Lovejoy . She will be contacting you with the appropriate forms to receive permission for installing the equipment and the tower . Please contact Mr . Charles Gruman , the Vocational Principal , at the above number if we can be of further assistance in processing these applications . IThank , you for your assistance with this matter . " Mr . Hewett stated that he thought it was just marvelous what Mrs . Lovejoy is doing . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of six feet from the 30 - foot height of structure requirement of the Town of Ithaca Zoning Ordinance to permit the erection of a 36 - foot radio tower / antenna for educational purposes , as requested by the Tompkins County Amateur Radio Club , Wanda G . Lovejoy , President , such tower / antenna to be erected as described by said Wanda G . Lovejoy at B . O . C . E . S . , 555 Warren Road , Town of Ithaca Tax Parcel No . 6 - 73 - 1 - 1 . 31 . • There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in the matter of the Tompkins County Amateur Radio Club Appeal duly closed at 7 : 32 Pam * DISCUSSION . EXPIRATION OF SPECIAL PERMIT FOR FENCE AT THE COUNTRY CLUB OF ITHACA . Mr . Cartee referred to his Memorandum to the Board dated December 6 , 1983 , reading as follows : " On December 17 , 1981 the Zoning Board granted a special permit to the Country Club for a fence over six feet in height , in the vicinity of 1021 to 1025 Hanshaw Road . JThe permit was designated as ' a temporary permit ' by the Board ' to be reviewed in two years from the date of this grant at which time , if the Country Club has been able to purchase more land to change the driving range , the fence would then be removed . ' TI have been unable to determine the status of land acquisition - - or non - acquisition - - on the part of the Country Club , Therefore , I am requesting that this matter be . placed on the Board ' s Agenda as a discussion item at which time I hope to have the Board determine the direction in which I should proceed . JThank you . " f Zoning Board of Appeals 6 December 14 , 1983 Mr . Cartee informed the Board that the fence is still in place , adding that he checked two days ago . Chairman Aron noted that Mr . Cartee had attached to his memo a letter which he wrote to The Country Club on November 8 , 1983 apprising them of the December 17th review date , adding that no response has been forthcoming and the special permit has three days to go . Chairman Aron stated that he would recommend that , after the 17th of December , if nothing has been heard from the Country Club , Mr . Cartee should issue a notice of violation which would , therefore , make them come to the Board of Appeals . Chairman Aron pointed out to the Board that it is up to this Board to direct Mr . Cartee as to what it wants him to do . Board discussion followed with the consensus being arrived at that Mr . Cartee should , after December 17 , promptly inform the Country Club that the special permit for the plastic mesh fence expired on that date , will not be renewed since there has been no opportunity for review of the situation , and that the fence and poles must be removed forthwith . ADJOURNMENT Upon Motion , Chairman Aron declared the December 14 , 1983 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 7 : 45 p . m . at which time everyone wished everyone • else a very happy and healthy holiday season . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry Aron , Chairman •