HomeMy WebLinkAboutZBA Minutes 1984-04-18 J
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TOWN OF ITHACA ZONING BOARD OF APPEALS
APRIL 18 , 1984
The Town of Ithaca Zoning Board of Appeals met in regular
session on Wednesday , April 18 , 1984 , in Town Hall , 126 East Seneca
Street , Ithaca , N . Y . , at 7 : 00 p . m .
PRESENT : Chairman Henry Aron , Edward W . King , Joan G . Reuning , Jack
D . Hewett , Lewis D . Cartee ( Building Ispector ) , Nancy M .
Fuller ( Secretary ) .
ALSO PRESENT : Wayne Stokes , Edward Buckley , Donald F . Henry Jr . ,
Terry L . Henry , Donald F . Henry , Jim McCune , Deborah
J . Stevenson , John R . Stevenson , Bruce Barkley , Julie
Mertus ( WTKO News ) .
Chairman Aron declared the meeting duly opened at 7 : 05 p . m . and
accepted for the record the Clerk ' s ' Affidavit of Posting and
Publication of the Notice of Public Hearings in Town Hall and the
Ithaca Journal on April 10 , 1984 and April 13 , 1984 , 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 Regional Manager of the Finger Lakes State Park ,
Recreation , and Historic Preservation Region , upon the Clerks of the
Towns of Ithaca and Ulysses , upon the Tompkins County Commissioner of
Planning , and upon each of the Appellants ( and Agents , if any ) as a
party to the action , on April 11 , 1984 .
APPEAL OF DONALD F . HENRY , JR . , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT A SINGLE
FAMILY RESIDENCE ON A LOT WITHOUT DIRECT ROAD FRONTAGE ON A DEDICATED
TOWN HIGHWAY , AT THE REAR OF 122 WEST HAVEN ROAD , TOWN OF ITHACA TAX
PARCEL NO . 6 - 28 - 1 - 28 . 2 . PERMISSION IS DENIED UNDER ARTICLE IV ,
SECTION 16 , ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING
ORDINANCE , AND SECTION 280 - a OF THE TOWN LAW ,
Chairman Aron declared the Public Hearing in the above - noted
matter duly opened at 7 : 06 p . m . and read aloud from the Notice of
Public Hearings as published and as noted above . Both Mr . and Mrs .
Henry were present . Each of the Board members had before him/ her a
copy of the Appeal Form , with attachments , as signed and submitted by
Donald F . Henry Jr . under date of April 3 , 1984 . The Appeal Form
reads as follows : Is been denied permission to build a
one - family home on a lot without direct road frontage on a dedicated
Town highway at rear of West Haven Rd . ( see attached tax map ) . . . 1 )
Access available by 50 ' Right of Way ( see attached copy outlined in
yellow ) to some day be a Town highways this right of way has a gravel
base in place for such purpose . 2 ) Size of building lot 200 x 340 ,
being in excess of required minimum ( 150 x 200 ( 2x ) required by Town
of Ithaca and 50 % larger than 1 acre required by Health Dept . ( see
attached sewage construction permit ) . 3 ) Above mentioned right of
way has always been preserved and used as access to this lot and
Zoning Board of Appeals 2 April 18 , 1984
other lands of DeGraff properties and is adjacent to applicants '
parents ' lands . 4 ) Proposed home to be built on this property is
intended for the use of applicants ' family . 5 ) Market conditions and
consideration make purchase of properties from other than a " Friend "
impossible at this time . "
Mr . King stated that , in essence , Section 280 - a of the Town Law
defines situations in which building permits will be issued usually
only where there is an improved mapped street , meaning one that has
been put on a map and filed . Mr . King noted , however , that
subdivision 3 of this section of Town Law permits the Zoning Board of
Appeals to vary the application of this general rule to permit
construction where there is adequate access for the purposes of fire
trucks , ambulances , police cars , and other emergency vehicles . Mr .
King commented that he believed the presumption to be 25 ' or 301
.
Mr . King further noted that subdivision 3 of Section 280 - a also sets
forth where a Board of Appeals may vary this general rule in cases of
practical difficulty or unnecessary hardship , or where the
circumstances of the case do not require a structure to be related to
existing or proposed streets or highways . Mr . King stated that , in
looking at this situation , the applicant ' s deed to the property gives
him an access over a fifty - foot wide strip to West Haven Road between
two lots which are , presumably , improved - - a lot north and south of
that access strip - - and the applicant ' s property is . situated 340
feet from the centerline of West Haven Road , Mr . King noted that the
• lot size , according to the deed , is 340 ' wide by 20 .0 . 2 ' deep , the
340 ' being the north line which would border on the south the
easement strip 50 feet wide , this lot extending 200 feet southerly
from that easement . Mr . King stated that he took it that this is one
lot out of a very large parcel running behind West Haven Road and Elm
Street with these building lots being some 200 ' to 300 ' deep and with
still many more acres remaining in this plot . Mr . King commented
that he wondered why Mrs . DeGraff did not apply for subdivision in
the first place to the Planning Board , Mr . Cartee noted that any
further subdivision of this land would require subdivision approval .
Chairman Aron asked if there were anyone present who wished to
speak for or against the Appeal of Donald Henry Jr . No one spoke .
Chairman Aron asked Mr . Henry if he anything to add to what he wrote
in his Appeal Form . Mr . Henry stated that he really had nothing more
to add . Chairman Aron asked if there were any questions from the
Board .
Mr . King asked Mr . Henry how he proposed to build on the lot ,
for example , how he would site the house . Mr . Henry indicated on the
survey map the lot and further indicated the lower half and the
easterly half and stated that the front of the house would be to the
north facing the right of way , adding that , with regard to the upper
section , he hoped to plant a small orchard . Mr . King inquired if Mr .
Henry were counting on there being any more applications to this
Board for houses in this area . Mr . Henry responded that there were
none to his knowledge , however , he did not know what Mrs . DeGraff has
in mind . Mr . Cartee commented that any plans which Mrs . DeGraff
A
Zoning Board of Appeals 3 April 18 , 1984
might possibly have would not come to the Board of Appeals ; they
would go to the Planning Board . Mr . King commented that that was
appropriate in order to avoid piecemeal development .
Mr . King inquired about the condition of the " lane " , with Mr .
Henry stating that it is possible for a one - or two - ton truck to
travel upon , it being a proposed road all the way through to Elm
Street . Mr . King noted from the Appeal Form submitted that there is
gravel there . Mr . Henry stated that that was correct and described
the development in the area by " Dutch " Prince about thirty years ago .
Mr . King noted that the traffic would come westerly from the shorter
strip and asked if that had a good foundation . Mr . Henry responded
that it certainly does . Mr . King noted that the parcel in question
is in an R15 district so any approval could have in it conditions as
necessary - - such as the R15 rules .
Chairman Aron asked if there were any other questions or
comments . There were none . Mr . King stated that he did not see any
harm in it himself as long as Mr . Henry understands that it might be
a through road some day . Mr . Henry indicated that he understood
that .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
approve and hereby does approve the granting of a building permit to
• the Appellant , Donald F . Henry Jr . , for the construction of a single
family residence at the rear of 122 West Haven Road , a portion of
Town of Ithaca Tax Parcel No . 6 - 28 - 1 - 28 . 2 , subject to the usual rules
for the granting of a building permit in Residence Districts R15 ,
using the fifty - foot right of way , bounding on the north , as though
it were a public right of way and making sure the setbacks from side
lines , rear lines , and front lines are adequate , said approval being
pursuant to Town Law , Section 280 - a , subdivision 3 , and all
amendments thereto .
There being no further discussion , the Chair called for a vote .
Aye - Aron , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared both the Public Hearing in and the matter
of the Henry Appeal duly closed at 7 : 21 p . m .
APPEAL OF DR . M . A . GOODFRIEND , APPELLANT , WAYNE STOKES , AS AGENT ,
FROM THE DECISION OF THE BUIILDING INSPECTOR DENYING A SIGN PERMIT TO
ADD THREE SQUARE FEET OF SIGNAGE TO AN EXISTING FREESTANDING SIGN AT
1212 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 26 - 3 - 8 . 2 .
PERMIT IS DENIED UNDER SECTION 4 . 01 - 1 ( a ) OF THE TOWN OF ITHACA SIGN
. LAW .
Zoning Board of Appeals 4 April 18 , 1984
Chairman Aron declared the Public Hearing in the above - noted
matter duly opened at 7 : 22 p . m . and read aloud from the Notice of
Public Hearings as published and as noted above . Chairman Aron noted
that the Board members had before them copies of the Appeal Form as
signed and submitted by Wayne D . Stokes , Agent , of Sand Carved Sign ,
under date of March 30 , 1984 , with attachments and pictures . Said
Appeal reads as follows : " . . . Having been denied permission to
install a 3rd sign , similar to the existing ones , as shown in the
photographs . The sign will read ' R . T . Faillace M . D . . . . The existing
signs inform the location of M . A . Goodfriend M . D . , as well as the
address . An additional sign of similar size ( 114 " X 39 " ) to the
existing two is requested . This sign would inform the location of
R . T . Faillace M . D . Enclosed is a separate sheet listing the reasons
for our request . . . . The following are reasons existing in allowing
add [ sic . ] a sign for Dr . R . T . Faillace , who is now practicing at
1212 Trumansburg Road . 1 ) Create a traffic hazard with patients not
being able to locate the office . 2 ) Church across the street has a
sign that is much larger than our proposed needs . 3 ) Visual barriers
on the premises ( hedges & trees ) at the roadside , prevent high
visibility of a smaller sign ( s ) . 4 ) High speed traffic , and the high
traffic count of Trumansburg Road make it difficult for drivers to
locate facilities with a smaller sign . 5 ) Most of the patients are
elderly , with cardiac problems ( as well as possibly visual and
reaction problems ) that could create difficulties in trying to locate
facilities , as well as crossing traffic . It is a very difficult area
• to have to turn around after passing by . The request for an
additional sign would be of similar size as the existing two . The
sign size would be 114 " X 39 " , double sided . A rough sketch shows
how the finished signage will appear . " Mr . Stokes was present on
behalf of Dr . Goodfriend ,
Chairman Aron stated that , as he recalled , when Dr . Goodfriend
came before the Board of Appeals he did say that in the future he
would have another physician working with him , so , as far as he was
concerned , this request is not a matter of a surprise to the Board .
Chairman Aron asked if there were anyone present who wished to
speak for or against the Goodfriend Appeal . No one spoke.
Mr . King commented that he thought the doctor would need a sign
there . Chairman Aron asked Mr . Stokes if he had anything to add to
the Appeal as submitted . Mr . Stokes stated that he had nothing
further to add .
Mr . King stated that he wished to say , for the record , that the
signage at Dr . Goodfriend ' s office is very tasteful and , he assumed
the proposed addition would likewise be tasteful and , further , it is
on a very large lot in a rural and sparsely populated area . Mr . King
commented that the sign is almost of the minimum size that could be
seen from the highway to the east .
• Mr . Cartee stated that this is a second request for a size
variance for this sign , adding that about a year ago the Board
granted a variance for the signage to increase from 3 sq . ft . to 6
Zoning Board of Appeals 5 April 18 , 1984
sq . ft . , 4 sq , ft . being allowed . Mr . Cartee stated that he agreed
that the sign is very tasteful and a necessity for people travelling
by . Mr . Cartee stated that he would recommend Board approval of this
sign , commenting that the Planning Board has given it its blessing .
Mrs . Reuning pointed out that the frame for the sign has never
been enlarged from that originally approved , nor will it be with this
additional sign . Mrs . Reuning stated that she had no problem in
approving this sign .
Chairman Aron stated that he drives by the doctors ' office every
day and has noticed these signs as being very nice and not
obstructive .
MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : _
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant a variance from the requirements of
Section 4 . 01 - 1 ( a ) of the Town of Ithaca Sign Law to permit the
addition , in the usual tasteful way , of a third sign reading , " R . T .
Faillace M . D . " , 114 " X 39 " in size , to the sign presently in place at
1212 Trumansburg Road .
There being no further discussion , the Chair called for a vote .
• Aye - Aron , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared both the Public Hearing in and the matter
of the Goodfriend Appeal duly closed at 7 : 29 p . m .
APPEAL OF EDWARD HARLAND BUCKLEY , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR PREMISES
AT 165 IRADELL ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 24 - 1 - 5 . 1 .
CERTIFICATE IS DENIED UNDER ARTICLE V , SECTIONS 20 AND 21 , OF THE
TOWN OF ITHACA ZONING ORDINANCE .
Chairman Aron declared the Public Hearing in the above - noted
matter duly opened at 7 : 30 p . m . and read aloud from the Notice of
Public Hearings as published and as noted above . Mr . Buckley was
present . Chairman Aron noted that the Board had before it copies of
the Appeal Form as signed and submitted by Edward Harland Buckley
under date of April 4 , 1984 , together- with attachments - - survey map
dated November 13 , 1975 ; building permit application with respect to
the property in question dated July 13 , 1955 , with sketch of house
location attached , deed conveying property to Mr . and Mrs . Buckley
dated July 7 , 1983 . The Appeal Form reads as follows : " . . . Having
been denied permission to obtain a Certificate of Compliance . . . The
benefits of moving both the house and the horse barn would not
• warrant the great expense and potential harm to those structures .
IThe house and horse barn were built in 1956 by Robert Wright , Jr . , a
personal friend of the remaining neighbor , Norma Weatherby , and the
Zoning Board of Appeals 6 April 18 , 1984
late Edmund Weatherby . The barn was built within 9 inches of the lot
line with the consent of the Weatherbys , to fit the topography and to
retain a view into the woods along a stream corridor . The house was
located at a distance ( 3015 " ) from the lot line which was permissible
at the time of construction . QI am not aware of any hardship to
anyone brought about by the location of our house and horse barn
( without horses ) which we purchased in July , 1983 . "
Chairman Aron asked Mr . Buckley if he had anything he wished to
add to his statement in his Appeal . Mr . Buckley stated Ithat he had
nothing in particular to add except to note that the structures were
built , he believed , in 1956 and apparently the owner was not aware or
the neighbors were not aware that the barn was located illegally and
so it has been there since that time . Mr . Buckley stated that when
they bought the property , they were informed by their lawyer the day
before , when the papers were passed , that the barn was illegal ,
however , they opted to go ahead because Joan Collins had some real
problems with her move to Washington . Mr . Buckley stated that the
Weatherbys said it was okay with them . Mr . Buckley stated that when
they came in to the Town office to talk to Mr . Cartee they found out
that the house was not located properly either , although at the time
a side yard of 30 ' was okay , but now it is 401 . Mr . Buckley stated
that they hoped they could be allowed to stay as they are .
Chairman Aron noted that the house has been on the property
• since 1955 according to the building permit . Mr . Buckley stated that
that was probably right , adding that Mrs . Weatherby had told him that
the house and the barn were built at the same time and that he would
tend to agree , or at least the barn was built very soon after the
house because its purpose was to house horses for the people who went
there and who were interested in playing polo . Mrs . Reuning asked
Mr . Buckley what he uses the barn for now . Mr . Buckley said they use
it for storage . Mr . King noted that Mr . Buckley ' s property is
located in an Agricultural District and wondered if he needed a
permit for a barn . Mr . Cartee commented that it is no longer used as
an agricultural building . Mr . King commented that it looked to him
like these two lots ( indicating on the survey ) were originally one
lot . Mr . Cartee noted that an accessory building is required to be
three feet from the lot line and in this case the barn is about 9
inches from the line and , he believed , Mr . Buckley has said that the
eaves hang over the line . Mr . Buckley said that that was correct .
Chairman Aron asked if there were anyone present who wished to
speak for or against this matter . No one spoke .
Mr . Hewett commented that it looked like the Weatherbys do not
mind the situation as it exists . Mr . King stated that he saw no
problem although he did not like matters which came before the Board
as a " fait accompli " . Mrs . Reuning wondered if it should be
specified that the , barn is not a farm building . The Board agreed
that that was not ecessary . Mr . King pointed out that variances go
with the land .
MOTION by Mr . Edward King , seconded by Mr . Jack Hewett :
Zoning Board of Appeals 7 April 18 , 1984
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant a Certificate of Occupancy for premises
known as 165 Iradell Road , sometimes referred to as Townline Road ,
Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 5 . 1 , with the buildings as
presently situated thereon .
There being no further discussion , the Chair called for a vote .
Aye - Aron , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the Public Hearing in and the matter of
the Appeal of Edward Harland Buckley duly closed at 7 : 37 p . m .
APPEAL OF JAMES M . McCUNE , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING PERMISSION FOR FOUR ( 4 ) UNRELATED PERSONS
TO RESIDE IN A SINGLE - FAMILY RESIDENCE AT 326 STONE QUARRY ROAD , TOWN
OF ITHACA TAX PARCEL NO . 6 - 38 - 3 - 5 . PERMISSION IS DENIED UNDER
ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING
ORDINANCE .
Chairman Aron declared the Public Hearing in the above - noted
matter duly opened at 7 : 38 p . m . and read aloud from the Notice of
• Public Hearings as published and as noted above . Mr . McCune was
present . Chairman Aron noted that each member of the Board had
received a copy of Mr . McCune ' s Appeal Form , signed by James M .
McCune and dated March 17 , 1984 , with attached lease signed by four
persons and running from August 1 , 1983 to July 31 , 1984 . The Appeal
reads as follows : " . . . Having been denied permission to have 4
unrelated persons living in a single - family dwelling at 326 Stone
Quarry Rd . . . . 1 . The present tenants have signed the enclosed lease
and I feel bound to that lease since I signed the lease as the new
landlord . 2 . I bought the property in January of 1984 . It appears
to have been leased to ( 4 ) persons for a number of years under the
previous owner . 3 . My family is planning to move into this residence
within a few years after we have built up some cash for making
improvements . Until that time we will live in the dwelling behind
this house and continue to rent it . If we were prevented from
renting it to people who only rent for a year or so , our finances and
the whole premise for buying the property would be severely
disrupted . "
Chairman Aron asked if there were anyone present who wished to
speak to this matter . No one spoke .
Chairman Aron noted that the lease with the four unrelated
persons expires on July 31 , 1984 .
Mr . McCune stated that he was planning to move into the house
• and would like to rent for one year , otherwise he would have serious
financial problems .
Zoning Board of Appeals 8 April 18 , 1984
Mrs . Reuning wanted to make sure Mr . McCune was referring to the
house in the woods on Stone Quarry Road , which he was . Mr . King
asked about the setup of the house with respect to it being noted as
a single - family house . Mr . McCune stated that it is a single family
house with one kitchen and one bath . Mr . McCune commented that the
purchase offer had been contingent upon there being no zoning
problems , however , he liked the house , though he supposed he could
have some redress because there turned out to be zoning problems .
Mr . McCune added that he was planning to occupy this house himself in
about two years . Mr . McCune stated that he purchased the property in
January of 1984 and added that two previous owners had been renting
in this manner . Chairman Aron asked Mr . McCune to be more specific
about his hardship . Mr . McCune stated that the plan he has in mind
is to renovate and if he cannot rent the house then his cash flow
becomes a serious problem until his income will rise . Chairman Aron
commented that Mr . McCune is not totally reliant on that rental
income . Mrs . Reuning pointed out that he can rent the house to three
unrelated persons , and now that he knows that , would that make a
difference . Mr . McCune said perhaps it could , however , people are
interested in having four because the numbers work out better .
Mr . King noted that the building Mr . McCune wants to move into
is not related to this one under discussion - - it is behind it . Mr .
King stated that Mr . McCune ' s argument is the same as anyone can make
in order to have more people . Mr . King ' stated that the zoning
• ordinance is in place to , among other things, prohibit overcrowding
of the land .
MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett :
RESOLVED , by the Zoning Board of Appeals of the Town of Ithaca ,
that the Public Hearing in the matter of the James M . McCune Appeal
with respect to the occupancy of a single family residence located at
326 Stone Quarry Road by four unrelated persons be and hereby is
adjourned until August 22nd , 1984 , at 7 : 00 p . m . at which time the
subject residence shall be in compliance with the occupancy
requirements of the Town of Ithaca Zoning Ordinance as such ordinance
stands on August 1st , 1984 .
There being no further discussion , the Chair called for a vote .
Aye - Aron , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the Public Hearing in the matter of the
McCune Appeal duly adjourned at 7 : 49 p . m .
APPEAL OF JOHN AND DEBORAH STEVENSON , APPELLANTS , FROM THE DECISION
OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT A
• BEDROOM AND BATHROOM OVER AN EXISTING GARAGE WITH A SIDE YARD OF LESS
THAN SEVEN ( 7 ) FEET AT 504 FIVE MILE DRIVE , TOWN OF ITHACA TAX PARCEL
Zoning Board of Appeals 9 April 18 , 1984
NO . 6 - 30 - 2 - 7 . ' PERMIT IS DENIED UNDER ARTICLE XII , SECTION 54 , 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 : 50 p . m . and read aloud from the Notice of
Public Hearings as published and as noted above . Both Mr . and Mrs .
Stevenson were present . Chairman Aron noted that each of the Board
members had received a copy of the Appeal Form as signed and
submitted by both John R . Stevenson and Deborah J . Stevenson under
date of March 26 , 1984 , together with attached copy of building
permit application with plot plan and floor plan also attached . The
Appeal Form reads as follows : " . . . Having been denied permission to
construct a master bedroom over our existing garage at 504 Five Mile
Drive , Town of Ithaca Tax Parcel No . 6 - 3O - 2 - 7 . . . Because our fourth
child ( third son ) was born on February 18 , 1984 , we find that we have
out - grown our small three - bedroom home and are in need of additional
living space . After consulting three ' local banks , two real estate
firms and an architect , we have decided that our financial
circumstances dictate no other course than to build a master bedroom
onto our existing garage . The garage will serve as a good foundation
and eliminate the need for new excavation , footers and foundation ;
and , building on an already existing structure would conserve the
limited yard space necessary for the childrens ' play . SWe have
discussed our circumstances and our proposal with our neighbors ( John
Comilli of 107 Glenside ) because the garage is only two feet from his
property line . His verbal response at that time was that he
• understood our problem , our idea was a good one and , he was pleased
not to lose us as neighbors . Since then we have shown Mr . Camilli
our building plans and he is in total agreement . He has indicated
that he would be happy to respond to the board if necessary . TIt is
our position that our plan is one that we can afford and one that
will add greatly to the property both in value and in aesthetics . We
are proud of our home and very happy with the locale and
neighborhood . We ask that you honor our request so that we may keep
the home we have worked so hard to maintain . "
Mr . Stevenson displayed a survey of his property and distributed
four colored photographs of his home and yard among the Board
members .
Chairman Aron asked if there were anyone present who wished to
speak for or against this matter . No one spoke .
Mr . Stevenson submitted to the Board the following letter , dated
April 3 , 1984 , which he had sent to the neighbors and which had been
signed by the neighbors .
" 504 Five Mile Drive
Ithaca , New York
April 3 , 1984
• Dear Neighbors ,
ti Zoning Board of Appeals 10 April 18 , 1984
r
We are trying to build an addition ( master bedroom ) over our garage .
Since the garage is within less than ten ( 10 ) feet of our property
line , we must petition the town zoning board for a variance . We have
been asked by Mr . Lewis D . Cartee , building inspector , tooinform all
of you and hopefully receive your support for our project .
Our plans call for a structure that will match our home exactly . The
plan will improve our property and we believe that it will not
detract from the neighborhood . The plan that we have shown you was
designed by Mr . Todd DeWitt who is a Cornell graduate student . He
has gone through the neighborhood and has studied the oustsides of
each of our houses and has drawn these plans according to the style
of the neighborhood . We are more than pleased with his work .
Your signature at the bottom of this letter will signify your
approval of our project and thereby it will help our case
tremendously . Thank you very much .
Sincerely yours ,
( sgd . ) Jack Stevenson , Debbie Stevenson .
( sgd . ) John L . Camilli
( sgd . ) Clara D . Camilli
( sgd . ) Nancy Armstrong
( sgd . ) Rich Armstrong
( sgd . ) Peter W . Post
( sgd . ) A , Richard Strauss
• ( sgd . ) R . B . Jones "
Chairman Aron asked how close to his property the neighbors are
who signed this letter . Mr . Stevenson stated that the Camillis at
107 Glenside are the closest and Strauss and Jones at 109 are behind .
Mr . Stevenson displayed the proposed building plans on the bulletin
board and described them in detail , emphasizing the work of the
student architect who had tied in the proposed addition with the
existing home and garage in an appropriate manner . Mr . Stevenson
also displayed the proposed floor plan .
Chairman Aron asked Mr . Stevenson to speak to his need for this
addition . Mr . Stevenson stated that the house contains three
bedrooms presently which are 9 ' x 12 ' in size and they now have four
_ children , the fourth child and third son having been born in
February , so they have one daughter and three sons and they would
really prefer that their daughter have her own room . Mr . Stevenson
described a sort of courtyard effect in the backyard which would be
created by the addition built in the manner designed . Mr . Stevenson
stated that they have talked to the neighbors , shown them the plans ,
and have met no resistance at all , in fact , they have been encouraged
by their neighbors .
Mr . King asked about the distance from the home and the garage
to the side lines . Mr . .Cartee stated that the garage is 3Z ' from the
• lot line , 7 ' being required , and the house is 71 , 10 ' being required .
Mr . Cartee stated that the house was most probably built before 1954
when zoning took effect . Mr . Cartee commented that the Board had
Zoning Board of Appeals 11 April 18 , 1984
seen a similar case of an existing garage on Kendall Avenue , close to
Therm , where a three -bedroom house was built on an existing
foundation , adding that that area is zoned R- 9 also .
Chairman Aron discussed the architecture and construction of the
house and proposed addition with Mr . McCune in detail , mentioning ,
among other engineering details , the tower and peak line of the roof .
Mr . McCune pointed out that the contractor was present - - Mr . Bruce
Barclay , Mr . Barclay stated that it was a very good plan , adding
that the architect worked very hard on this design and the
construction aspects of it . Chairman Aron agreed that -the architect
should be complimented . Chairman Aron discussed certain aspects of
" beefing up " the existing foundation in engineering terms . Mr .
Cartee commented that the eaves are only 3 " to 4 " , the roof is a
12 / 12 pitch , and there is almost no overhang . Mr . Hewett commented
that he was very impressed by the work done by the architect , adding
that it was nice to know that Mr . Stevenson had used a graduate
student to do this .
MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King .
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
authorize and hereby does authorize the issuance of a building permit
to John and Deborah Stevenson for the extension of their home , a
non - conforming use , located at 504 Five Mile Drive , Town of Ithaca
Tax Parcel No . 6 - 30 - 2 - 7 , according to plans presented to and reviewed
• by said Board of Appeals , this date , April 18 , 1984 , and according to
the New York State Fire Prevention and Building Construction Code .
There being no further discussion , the Chair called for a vote .
Aye - Aron , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant
and hereby does grant a Certificate of Occupancy with . respect to
premises located at 504 Five Mile Drive , Town of Ithaca Tax Parcel
No . 6 - 30 - 2 - 7 , upon the completion of the addition as hereinabove
authorized .
There being no further discussion , the Chair called for a vote .
Aye - Aron , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
. Chairman Aron declared the Public Hearing in and the matter of
the Stevenson Appeal duly closed .
f
Zoning Board of Appeals 12 April 18 , 1984
CHANGE IN DATE FOR JUNE 1984 MEETING - FROM JUNE 13 TO JUNE 27
It appearing that some of the Board members were experiencing
conflicts with the June 13th meeting as scheduled in January of 1984 ,
after discussion , the Board members agreed that the June meeting date
be changed to June 27 , 1984 , at 7 : 00 p . m .
ADJOURNMENT
Upon Motion , Chairman Aron declared the April 18 , 1984 meeting
of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 15
p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
e
Henry Aro hairman
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