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HomeMy WebLinkAboutZBA Minutes 1984-09-20 • TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 20 , 1984 The Town of Ithaca Zoning Board of Appeals met in regular session on Thursday , September 20 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Vice Chairman Jack D . Hewett , Joan G . Reuning , Edward W . King , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Gloria C . Howell , Don Chaffee , Scott Chaffee , Ellen Chaffee , Kim Klein , Mark Goldfarb , ` David Kingsbury , Shirley Raffensperger , J . Robert Cooke , Claude Robb , Ellen Robb , Judith Hughes , Patrick Hughes , Anne Schwarting , Maureen Blandford . Vice Chairman Hewett declared the meeting duly opened at 7 : 15 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 September 12 , 1984 and September 15 , 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 Clerk of the City of Ithaca , upon the Tompkins County Commissioner of Planning , and upon the Appellants and / or Agent and / or Attorney , as appropriate , as party to the action , on September 13 , 1984 . APPEAL OF GLORIA C . HOWELL , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES WITH A SIDE YARD LESS THAN 15 FEET AT 120 CLOVER LANE , TOWN OF ITHACA TAX PARCEL NO . 6 - 59 - 2 - 10 . CERTIFICATE IS DENIED ' UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 7 : 16 p . m . and read aloud from the Notice of Public Hearings as posted and published and as rioted above . Mrs . Howell was present . For the record , each of the Board members had before him / her a copy of the following documents . 1 . Appeal Form as signed and submitted by Gloria Howell , under date of August 22 , 1984 , reading as follows : " . . . Having been denied permission to receive a certificate of occupancy at 120 Clover Lane . . . It appears from the attached survey map ;, that the house is too close to the sideyard and fails to meet the 15 foot side yard requirements . The front part of the house was constructed in • 1952 before there was any zoning in the Town of Ithaca . However , the rear part of the house was constructed by an addition under building permit issued in 1962 . At the time the addition was Zoning Board of Appeals 2 September 20 , 1984 • laid out by my husband ( now deceased ) , Norman Howell , he believed that the house would be well over 15 feet from the side yard . Just recently , in order to mortgage the house , a survey was done which shows that the house was apparently closer to the side line than my deceased husband believed . To move the house at this time would constitute an extreme difficulty and unnecessary hardship . Accordingly , a variance allowing the house to remain in its present location is requested . " 2 . Survey Map , No . 120 Clover Lane , Town of Ithaca , Tomp . Co . , N . Y . , dated August 7 , 1984 , prepared by T . G . Miller Associates P . C . , signed and sealed by Allen T . Fulkerson and Thomas G . Miller , 3 . Application for Building Permit , dated October 16 , 1962 , signed by Norman J . Howell , showing Building Permit No . 623 issued by R . J . Wells , on October 18 , 1962 . 4 . Plot Plan attached to the Building Permit Application , signed by Norman Howell , showing the existing house at 120 Clover Lane 19 feet from the south side lot line and the proposed addition 21 feet from the south side lot line . Vice Chairman Hewett asked Mrs . Howell if she had anything to add to what she has already submitted to the Board . Mrs . Howell responded that she really did not have anything to add except that she had • thought all along that they had 16 feet . Vice Chairman Hewett asked how long the house had been in place . Mrs . Howell stated that the first part had been there since 1952 and the addition since 1962 . Vice Chairman Hewett asked if there were anyone present who wished to speak for or against the matter of the Howell Appeal . No one spoke . Vice Chairman Hewett asked if there were any questions from the Board . Mrs . Reuning asked about how far it might be from the neighboring house . Mrs . Howell stated that there are no neighbors ; there are woods , a gas line , and a creek . Mr . King noted that the problem is that the far back corner of the house is 9 . 7 feet and the other back corner is 12 . 4 feet from the side lot line , instead of 15 feet . Mr . King noted that the house is askew on the lot and , therefore , it is only those points that are in violation . Mrs . Reuning stated the following Findings . 1 . No one appeared in opposition to the requested variance . 2 . The hardship is obvious were the Board to require the moving of the house , a portion of which has been in place for over 30 years , with another portion in place over 20 years . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : Zoning Board of Appeals 3 September 20 , 1984 • RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance to the property ]known as 120 Clover Lane , designated as Town of Ithaca Tax Parcel No . 6 - 59 - 2 - 10 , allowing a southerly side yard of less than the 15 feet required under Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in and the matter of the Howell Appeal duly closed at 7 : 21 p . m . APPEAL OF SCOTT CHAFFEE , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES WITH A SIDE YARD LESS THAN 15 FEET AT 1584 SLATERVILLE ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 56 - 3 - 16 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett 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 posted and published and as :noted above . Mr . Don Chaffee , Mr . Scott Chaffee , and Mrs . Ellen Chaffee were present . For the record , each of the Board members had before him / her a copy of the following documents . 1 . Appeal Form as signed and submitted by Scott Chaffee ,, under date of September 6 , 1984 , reading as follows : " . . . Having been denied permission to receive a certificate of occupancy at 1584 Slaterville Rd . , Town of Ithaca Tax Parcel No . 6 - 56 - 116 . . . In the exchange of property between Blanpied & Watros the property line was put 4 . 75 ' too close to the existing house to meet the Code . The lot has 24 , 000 sq . ft . " 2 . A portion of Deed with respect Banpied [ sic . ] /Watros showing recording at Liber 601 , Page 927 , 3 . A partial site plan showing existing house at 1584 Slaterville Road , Subdivision Line , and new house and garage to be built on the " new " parcel . 4 . A copy of the Minutes of the Town of Ithaca Planning Board Meeting of August 21 , 1984 , setting forth the Resolutions adopted by said Board in re the Scott Chaffee Two-Lot Subdivision at 1584 • Slaterville Road . Zoning Board of Appeals 4 September 20 , 1984 • Also for the record , the following letter , dated September 18 , 1984 , signed by Frank R . Liguori , Tompkins County Commissioner of Planning , to Lewis D . Cartee , Building Inspector , was received at the Town of Ithaca Office , this date , September 20 , 1984 . " Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . Case : Area variance appeal of Scott Chaffee at 1584 Slaterville Road ( state highway ) This will acknowledge 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 interest . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Vice Chairman Hewett asked the Chaffees if they had anything they wished to add to their Appeal . Mr . Scott Chaffee responded , no . The Secretary was asked to read into the record the Planning Board Resolutions of August 21 , 1984 . The Secretary read : " MOTION by Mr . Edward Mazza , seconded by Mr . David Klein * RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant Preliminary Subdivision Approval for a two - lot Subdivision at 1584 Slaterville Road , Town of Ithaca Tax Parcel No . 6 =56 - 3 - 16 , as proposed by Scott Chaffee , Owner , and as shown on subdivision map entitled " Map of Survey Showing Location of Dividing Line Between Parcel I and Parcel II , Property Owned By Percy Watros " , 1584 Slaterville Road , Town of Ithaca , Tompkins County , dated April 27 , 1980 , signed and sealed by R . L . MacDowell , L . S . , Reference ' Map of Survey showing parcels of land to be exchanged by Percy Watros and David & Eloise Blanpied , by R . L . MacDowell Jr . , dated Oct . 10 , 1976 ' , contingent upon the granting by the Town of Ithaca Zoning Board of Appeals of a variance with respect to Parcel I for an existing dwelling with a southeast side yard deficiency of 4 . 75 feet , said southeast side yard measuring 10 . 25 feet rather than 15 feet as required , and further contingent upon the granting of either a variance with respect to Parcel II for a proposed dwelling with a rear yard deficiency or the determination by said Board of Appeals that no rear yard deficiency is present with respect to said Parcel II , and further RESOLVED , that the Town of Ithaca Planning Board waive and hereby does waive Final Subdivision Approval for said Chaffee two - lot subdivision , subject to the contingencies hereinabove stated and further contingent upon the preparation of a final subdivision plan in a form acceptable to the Town Engineer and the filing thereof in the Office of the Tompkins County Clerk . • Aye - May , Klein , Langhans , Mazza , Schultz . Nay - None . Zoning Board of Appeals 5 September 20 , 1984 . MOTION by Mr . Edward Mazza , seconded by Mr . Montgomery May : RESOLVED that , with respect to the matter of the Chaffee subdivision of property known as 1584 Slaterville Road , the Town of Ithaca Planning Board recommend and hereby does recommend to the Town of Ithaca Zoning Board of Appeals that the rear yard setback may be determined by taking a point which is at least 30 feet from the easternmost corner of the proposed house on Parcel II on a line which is perpendicular to Route 79 ( Slaterville Road ) . Aye - May , Klein , Langhans , Mazza , Schultz . Nay - None . " Mr . King stated that , as he understood it , the problem is the 10 . 25 - foot distant division line would become the new westerly line of the subdivided land . Vice Chairman Hewett asked if there were anyone present who wished to speak for or against the matter of the Scott Chaffee Appeal . No one spoke . 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 an area variance to the property at 1584 • Slaterville Road , presently designated as Town of Ithaca. Tax Parcel No . 6 - 56 - 3 - 16 , as requested by the applicant , Scott Chaffee , permitting the newly subdivided westerly property line to be located 10 . 25 feet west of the westerly side of the existing dwelling , in view of the findings and recommendations of the Town of Ithaca Planning Board and the fact that no one appeared in opposition to the application . There being no further discussion , the Vice Chair called for a vote , Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . With respect to the other part of the Planning Board Resolution granting Subdivision Approval , the Board members referred to a Memorandum , dated September 4 , 1984 , to the Board and Peter Lovi from Henry Aron , Chairman , in re triangular lots and required rear yards . The Memorandum follows . " In my opinion , the rear yard setback for a triangular lot should be as deep as for conventional lots . The minimum dimension for a particular zoning district should be measured by the shortest perpendicular line from any rear corner of the principal structure to • the side or rear lot line which forms the hypotenuse of the triangle as in example 1 . Zoning Board of Appeals 6 September 20 , 1984 In the case of trapezoidal or irregular lots , in which some portion of the property can be considered a triangle for the purposes of siting a house , this definition should be applied as shown in examples 2 and 3 . If this opinion meets with your agreement , please transmit this interpretation to the Town of Ithaca Planning Board . " LEGEND BBBBBBBBB = Back lot line FFFFFFFFF = Front lot line S S S S S or S = Side lot line S r S S S bbbbbbbbb = boundary of principal building d d d = measurement for required yard setback • a Example 1 S S S S S In this case , the line indicated by the S S four lower case " d " s must be at least S S 30 feet in R9 and R15 , and 50 feet in S S R3 0 . S d S S d S S d S S d S S bbbbbbbbbb S S b b S S bbbbbbbbbb S S S S S FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF • Zoning Board of Appeals 7 September 20 , 1984 • Example 2 S In this example , the S S perpendicular line extending S S back from the left house S S corner is the one to be used S S to determine the rear yard . S d S S d ( 30 ' in R9 , 15 ) S S d ( 50 ' in R30 ) S S d S S bbbbbbbbbb S S b b S S bbbbbbbbbb S S S S S FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Example 3 - - -. SBBBBBBBBBB S - -. S In this case the rectangular S S componant of the trapezoidal. lot is - S . S ignored , and the back yard lot line S S is identical to example 1 . S S • S d S S d S S d S S d S S bbbbbbbbbb S S b b S S bbbbbbbbbb S S S S S FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF The Board members discussed the above - noted Memorandum . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals interpret and hereby does interpret the Zoning Ordinance , for purposes of determining the rear yard in the case of irregularly - shaped lots , to be the minimum dimension for a particular zoning district as measured by the shortest line perpendicular to the roadway extending from the nearest rear corner of the principal structure to the side or rear lot line which forms the hypotenuse of the triangle , and FURTHER RESOLVED , that this Resolution be deemed and hereby is deemed a part of the Resolution heretofore adopted with respect to a grant of variance in the matter of the Scott Chaffee Appeal , and • FURTHER RESOLVED , that said Board of Appeals determine and hereby does determine , thus , that no rear yard deficiency is present with Zoning Board of Appeals 8 September 20 , 1984 • respect to the new dwelling as proposed by Mr . Scott Chaffee for the newly - created parcel . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in and the matter of the Scott Chaffee Appeal duly closed at 7 : 27 p . m. . ADJOURNED APPEAL ( FROM AUGUST 22 , 1984 ) OF JOHN AND KIM KLEIN , APPELLANTS , IN RE THE CONSTRUCTION OF A FENCE GREATER THAN SIX FEET IN HEIGHT AT 1103 DANBY ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 43 - 2 - 1 . Vice Chairman Hewett declared the Adjourned Public Hearing in the above -noted matter duly opened at 7 : 28 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mrs . Klein was present . For the record , the Board members each had before him / her a copy of the following documents . • 1 . Appeal Form as signed and submitted by Kim J . Klein and John Klein , under date of August 6 , 1984 , reading as follows : " . . . Having been denied permission to keep our fence of 8 ' tall erected at Johnny ' s Super Service , 1103 Danby Rd . , Town of Ithaca Tax Parcel No . 6 - 43 - 2 - 1 . . . Sam Peter , the owner of the property behind 1103 Danby Road , requested us to build a fence behind Johnny ' s Super Service , such that the fence could not be seen through and tall enough such that it could not be seen over . JIn the last six months the windows along the back of Johnny ' s Super Service have been repeatedly vandalised . By constructing the fence 8 ' tall , it cannot be easily scaled . We hope this will be a deterrent to the vandals . Since construction of the fence our garage has not been broken into . " 2 . Letter , dated August 27 , 1984 , received from and signed by Frank R . Liguori , Tompkins County Commissioner of Planning , addressed to Lewis D . Cartee , Building Inspector , 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 John and Kim Klein at 1103 Danby Road ( state highway ) This will acknowledge 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 interest . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Zoning Board of Appeals 9 September 20 , 1984 • Mrs . Klein appeared before the Board and stated that they did not know they should have applied for a building permit . Mrs . Klein stated that the fence is 8 feet high and was requested by Mr . Sam Peter , Mrs . Klein stated that there is a house behind them with a family in it and so they made it 8 feet so as not to be climbed over . Mrs . Klein stated that they have had trouble with vandals . Vice Chairman Hewett asked if there were anyone present who wished to speak for or against the matter of the Klein Appeal . No one spoke . Mr . King asked if Mr . Peter did not object to the 8 - foot fence . Mrs . Klein stated that he did not , adding that he wanted it so no one could see through it . Mrs . Reuning asked how long the fence is . Mrs . Klein stated that it is the length of the building . Mr . Cartee stated that the fence is about 30 feet long . Mr . King noted that the fence extends to the driveway , adding that it is a very attractive fence . Mr . Cartee stated that Mr . Peter has called repeatedly requesting that the Board grant this variance . Mr . Cartee stated that Mr . Peter owns the property to the north , the south and the east . Mr . Cartee noted that this is a legal non - conforming use . Mr . Cartee stated that he would suggest the Board consider leaving the fence there , providing the Kleins obtain a building permit for the erection of this fence . Mrs . Klein stated that she will apply for a building permit . • MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance for the fence located on property known as Johnny ' s Super Service , located at 1103 Danby Road , and designated as Town of Ithaca Tax Parcel No . 6 - 43 - 2 - 1 , said fence being eight feet ( 81 ) tall , two feet ( 21 ) taller than the permitted height , said Board of Appeals finding that the neighbor , Mr . Sam Peter , has called and been in favor of this grant of variance and no one appeared in opposition to such grant of variance , and FURTHER RESOLVED , that the area variance hereby granted is conditioned upon application being made by the Petitioners to the Building Inspector for a building permit for the erection of said fence presently in place , such application to refer to and delineate specifically the fence as it now exists . There being no further discussion , the Vice Chair called for a vote . r Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . • Vice Chairman Hewett declared the Public Hearing in and the matter of the Klein Appeal duly closed at 7 : 39 p . m . Zoning Board of Appeals 10 September 20 , 1984 • APPEAL OF DANIEL YANERELLA , APPELLANT , DAVID KINGSBURY , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A POTTERY WORKSHOP AND KILN ( HOME OCCUPATION ) WITH AN AREA GREATER THAN 200 SQUARE FEET AT 137 PINE TREE ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 29 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 12 , PARAGRAPH 5 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 7 : 40 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Kingsbury was present . For the record , the Board members each had before him / her a copy of the following documents . 1 . Appeal Form as signed and submitted by David Kingsbury under date of September 10 , 1984 , reading as follows : " . . . Having been denied permission to construct a pottery workshop and kiln at 137 Pine Tree Road . . . Without the proposed workshop and kiln I will not be able to make pottery which amounts to about half of my families [ sic . ] income . Beyond the income pottery is a great love of mine . " 2 . Statement attached to Appeal Form , as follows : • " 9 / 10 / 84 Information concerning the proposed workshop at 137 Pine Tree Rd . The workshop will measure 16 ' x 241 . It will be an open undivided space . It will be conventionally framed with 2 x 4 studs , 2 x 8 joists and rafters supported midway . The structure will sit on eight piers consisting of pressure treated 6 x 6 set in concrete , three and a half feet in the ground . It will have 100 amp . service . My only electrical needs are for lights , one potter ' s wheel and a small electric kiln . The shop will be wired to code by an electrician . The exterior will be either tongue and groove stained to match the house or cedar shingles . 11 The roof will be a simple shed roof slopping [ sic . ] from eleven feet to seven feet . I plan to use roll roofing half lap . The interior will be sheet rocked and painted . The floor will be 5 / 8 ' [ sic . ] particle board with 5 / 8 " plywood on top painted with an enamal [ sic . ] paint . The shop will be fully insulated with 6 " in the floor and ceiling and 32 in the walls . The heat source will be a thermostatically controlled propane space heater properly vented . The kiln will be about 45 cubic feet . It will fire on propane through four burners equipped with pilot lights and a safety shut off system . The kiln will be constructed of K - 23 bricks . These bricks [ are ] highly refractory and insulative . A brick may be red hot at one • end , and may be picked up bare handed at the other . Consequently even though temperatures may reach 2300 ° F inside , the outside of the kiln will be between 1000 and 200 ° F . Zoning Board of Appeals 11 September 20 , 1984 • Since these bricks are very vulnerable to weather I must build a small shed to protect the kiln . This shed will be 9 ' x 12 ' and also conventionally framed with 2 x 4 studs and 2 x 6 rafters . It however will not be insulated or sheet rocked or wired for electricity . It will be sidded [ sic . ] the same as the workshop . The construction of both structures will be done in a mannor [ sic . ] such that both are safe , durable and asthetically [ sic . ] pleasing . The planned location comes after weeks of consideration on several factors . I need to unload clay and load finished pottery so I need to be somewhat close to my driveway . N . Y . S . E . G . has a pumping station and easement on the left side of my lot , so that area is unavailable . The propane tank must also go near the driveway so the truck can get close enough to fill it . My wife and I plan to use the center of the back yard for lawn guarden [ sic . ] and fruit trees . So my proposed location is really the only practical choice . This location by the way would put it 60 ' from my nearest neighbor ' s house . My neighbor , Mr . Richard Fisher [ Fischer ] , is a noted environmentalist at Cornell . We have discussed my plans and not only has he no objections but has offerred [ sic . ] to help me build it . Concerning my ability to build the structures I can say that I have worked for builders in the past and have built several • structures entirely by myself ; two of which were studios much like this one . I have built two other kilns and helped to build three others for schools and fellow potters . In conclusion , I feel totally qualified to construct and operate the proposed pottery workshop . I will be the only one to work in this workshop and in no way will this shop attract any traffic . There will be no retail selling at this location . " 3 . Site Plan attached to Appeal Form setting forth both existing and proposed structures , footages involved , natural gas pipe line , and names of two abutting neighbors - - Raffensperger and Fischer . 4 . Survey Map , No . 137 Pine Tree Road , dated May 20 , 1982 , signed and sealed by Clarence W . Brashear , L . L . S . Vice Chairman Hewett invited Mr . Kingsbury to speak to the Board and asked him if he had anything to add . Mr . Kingsbury stated that he was not sure what people knew , however , he would be happy to answer questions . Mr . Kingsbury stated that some people are thinking about this as light industrial , but this is very small , just he , making pots . Mr . Kingsbury stated that there would be no traffic . Vice Chairman Hewett asked Mr . Kingsbury if he worked alone , to which Mr . Kingsbury responded , yes . Mr . Kingsbury stated that twice a • month there is a firing cycle encompassing twelve hours , and , during that twelve - hour firing cycle there is 20 minutes , called reduction , when there is any visible smoke . Mr . Kingsbury stated that the smoke Zoning Board of Appeals 12 September 20 , 1984 is barely visible , being comparable to what you would see out of a gas pipe . Vice Chairman Hewett commented that it would seem as if a wisp of smoke might be visible at certain times . Mr . King asked Mr . Kingsbury why he would propose locating it so close to the lot line , noting that the plot plan shows the workshop 5 feet from the lot line and the kiln 4 feet from the lot line . Mr . Kingsbury explained that when he drew up the original plot description for Mr . Cartee , he was going on the location of a fence that was existing , however , the Survey shows the fence 3 feet inside at its east end and 1 foot inside at its west end , therefore , the kiln will be 6 feet inside the lot line and the studio 7 ' to 8 ' inside the lot line . Mr . King pointed out that Mr . Kingsbury had 50 to 60 feet available . Mr . Kingsbury , commenting that the backyard is a problem , stated that the level area is little and then there are tiers and then it levels off again , and also , to the extreme left NYSEG has a pumping station . Mr . Kingsbury stated that the pumping station is hideous and he would like to keep it covered by foliage and have the center of the lot into lawn , at least , and possibly garden space . Mr . Kingsbury stated that if he moved it into the center it would negate the area for that use . Mr . Kingsbury stated that , since the border where his proposed studio would be is pretty much woods , next to Mr . Fischer ' s property , he talked with him and he has no problem . Mr . Kingsbury stated that he had a signed statement from Mr . Fischer here tonight . Mr . Kingsbury presented the following note dated Sept . 20 , 1984 , • signed by Richard B . Fischer . " To : Town of Ithaca Zoning Board Having discussed with David Kingsbury , the plans and objectives of his proposed pottery workshop , I find nothing objectionable enough to stop the project . He has expressed the intension [ sic . ] to make the structures unobtrusive and asthetically [ sic . ] pleasing . The workshop , he assures me , will not increase traffic at all and is minimally polluting . " Mr . Kingsbury stated that Mr . Fischer has even offered to help him build it . Vice Chairman Hewett asked if there were anyone present who wished to speak for or against the pottery workshop and kiln as proposed by Mr . Kingsbury , Mrs . Shirley Raffensperger , 139 Pine Tree Road , spoke from the floor and stated that she lives on the other side of Mr . Kingsbury . Mrs . Raffensperger stated that Mr . Kingsbury had visited her husband and her and has discussed this proposal with them , and , on the basis of that discussion , they have no substantial objection to his proposal as it is now presented , however , they do have certain concerns with respect to the future . Mrs . Raffensperger stated that , if the property is sold with the two buildings in place as accessory • buildings , then there would be the question of what use might eventually be made of such a large accessory building previously used for a home occupation . Continuing , Mrs . Raffensperger offered that , if the property were sold , the two accessory buildings would be Zoning Board of Appeals 13 September 20 , 1984 considered part of the cost , and so , she could envision an argument for their use , based on hardship , made to the Board of Appeals that could lead incrementally to a use that the immediate neighbors , the community , and the Board of Appeals would not have considered acceptable as a first case . Mrs . Raffensperger stated that , therefore , she would request that the Board consider not the issuance of a variance but of a special use permit , personal to Mr . Kingsbury , restricting the use to the one he described and to him only . Mrs . Raffensperger stated that she would also suggest that the Board consider requiring that if that particular use is not continued by the applicant , Mr . Kingsbury , or , if the property is sold , the use would revert to that permitted in the Town Zoning Ordinance for an accessory building , which does not include a home occupation , but to uses customarily incidental to those of the prime building - - a residence . Mrs . Raffensperger stated that she also believed that , on. occasion , a renewal date for a special permit is established and she would request the Board to consider that also , so that , in this case , it can be determined , from time to time , that the regulations of Section 12 , paragraph 5 , Home Occupation , are being met over the period of the permit . Mr . Robert Cooke , 142 Pine Tree Road , spoke from the floor and stated that the sentiments expressed by Mrs . Raffensperger were his also . Mr . Cooke stated that he would agree with there being future protection . • Mr . King asked Mr . Kingsbury what the cost of construction of these buildings might be . Mr . Kingsbury stated that he bought the kiln and the shed and the studio costs would make a total of , perhaps , around $ 2 , 600 . 00 . Mr . King , noting that the kiln is personal property and could be moved , surmised that , with the other buildings , the cost might be around $ 2 , 000 . 00 . Mr . Kingsbury agreed . Mr . King wondered if Mr . Kingsbury realized that these would be limited use buildings , personal to him , adding that , also , as a permit , it is revocable , so , if his operation is objectionable , the Board could say - - " Stop it . " Mr . Kingsbury indicated that he realized the limitations . Mr . Kingsbury stated that if the operation is objectionable , that is not the place for him . Mr . Kingsbury asked what the period of time would be that the review would be done and stated that he did not expect to start before next year . Vice Chairman Hewett read into the record the following letter , dated September 18 , 1984 , received from and signed by Frank R . Liguori , Tompkins County Commissioner of Planning , to Lewis D . Cartee , Building Inspector . " Re : Zoning Review Pursuant to Section 239 - 1 and -m of -the New York State General Municipal Law . Case : Area variance appeal of Daniel Yanerella at 137 Pine Tree Road ( county highway ) This will acknowledge 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 interest . Therefore , no Zoning Board of Appeals 14 September 20 , 1984 recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Mr . King noted that the studio is proposed to be 384 square feet in size . Mr . Kingsbury stated that the size of the pottery workshop has been decreased from 16 ' x 24 ' to 14 ' x 221 , which is 308 square feet . Mr . Kingsbury stated that the location toward the rear is contingent upon the propane tank , a 500 - gallon tank , which has to be close to the lot line because of the sharp tiers . Mr . Kingsbury stated that he has talked to Mr . Fischer about how to hide it . Noting the absence of the propane tank on the plot plan , Mr . King stated that he tended to think that final plans with specific dimensions should be submitted . Mr . King stated that the Board is relying a lot on Professor Fischer ' s letter that as long as it looks good , it is okay . Mr . King stated that he would like to see plans that he [ Fischer ] could approve . Indicating the plot plan before the Board , Mr . Kingsbury stated that everything here is accurate . Mr . Cartee stated that the location of the kiln and the structure. , the workshop , could be better controlled with better plans relative to the submission for a building permit . Mr . Cartee offered that since this project will be going into the winter , Mr . Kingsbury may wish to delay on the location of the propane tank . Mr . Kingsbury responded that this will be his third kiln and he is qualified to • handle it . Mr . Kingsbury stated that the propane supplier is Suburban Propane , a qualifed firm , and they feel that 10 feet is adequate space . Mr . Kingsbury stated that , when you walk his property , there is little property to work with insofar as dropping the tank . Mr . King , commenting that Mr . Kingsbury did a good job on the drawing and in submitting the Survey , stated that he would still prefer a better sketch and having Professor Fischer accompany him . Mr . Kingsbury replied that he certainly agreed that the sketch could be better , but , defering another month would be a severe hardship . Mr . Kingsbury pointed out that Christmas is coming and he has to create his wares in time for that . Mr . King wondered why Mr . Kingsbury was concerned with Christmas when he [ King ] had thought he [ Kingsbury ] had said he was deferring the project until next year . Mr . Kingsbury explained that that was not what he meant , and stated that the kiln goes up right now , adding that that is a very simple matter . Mr . King asked Mr . Kingsbury when he moved into the house , to which Mr . Kingsbury replied , in July . Mr . King asked Mr . Kingsbury where he operated before , with Mr . Kingsbury responding , on South Titus Avenue , and adding , however , that he used a kiln out of town . Mr . King asked Mr . Kingsbury if he bought the house . Mr . Kingsbury stated that he did not buy the house ; his father owns it . Mrs . Raffensperger asked if she could comment and was asked to do • so . Mrs . Raffensperger stated that there appeared to be both a use and an area variance involved in this matter . Zoning Board of Appeals 15 September 20 , 1984 • Mr . Kingsbury stated that he would also like to say that Professor Fischer is completely aware of what is being done . Mrs . Reuning stated that she thought the Board could be very careful about a resolution to protect the neighbors and the community . 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 special , revocable , permit to the applicant , David Kingsbury , which shall be personal to him , to erect his proposed pottery workshop building , on property known as 137 Pine Tree Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 29 , such pottery workshop building to be 14 feet by- 22 feet in size and to be located at least 7 feet north of the south property line and as otherwise indicated on the sketch which accompanies his application , and to permit , likewise , the erection of his proposed kiln shed , 9 feet by 12 feet in size , to be located at least 6 feet north of the south property line ; these buildings to be used for the pottery fabrication indicated[ , but , THAT , said Board of Appeals conditions the issuance of said special , revocable , personal , permit upon Mr . Kingsbury ' s presenting to the Town of Ithaca Building Inspector / Zoning Enforcement Officer another detailed sketch showing the correct property line location and the correct locations and dimensions of the proposed buildings as they • will finally be erected and indicating thereon , also , the size and location of the propane tank , and further , that such sketch also indicate suitable fencing and screening of the propane tank , at a minimum , and the other buildings as Mr . Kingsbury proposes to screen them also , and further , that such final plan bear the written approval of Mr . Kingsbury ' s nearest neighbor , Mr . Richard B . Fischer , and further , that Mr . Kingsbury present such final plan to -the Building Inspector for his approval before any construction begins , and , THAT , it is a further condition of said special , revocable , personal , permit that the Building Inspector / Zoning Enforcement Officer be notified promptly upon activation of the kiln and that he be given ample opportunity , over a two - year period , to view the kiln in operation ( including the " wisp " of smoke ) , and further , THAT , this grant of special permit shall be reviewed at least annually hereafter by said Board of Appeals , the review to be in the form of an informal report to said Board by the Building Inspector / Zoning Enforcement Officer . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Reuning , King . Nay - None . • The MOTION was declared to be carried unanimously . Zoning Board of Appeals 16 September 20 , 1984 • Mrs . Raffensperger requested permission to ask whether it was implicit in the Resolution that the use for the buildings is incidental to the residence . Mr . King responded to Mrs . Raffensperger ' s question , stating that he thought that that went without saying . Vice Chairman Hewett declared the Public Hearing in and the matter of the Yanerella / Kingsbury Appeal duly closed at 8 : 15 p . m . ADJOURNED APPEAL ( FROM MAY 16 , 1984 ) OF EASTERN HEIGHTS ASSOCIATES IN RE THE OCCUPANCY OF A TWO - FAMILY DWELLING BY MORE THAN THREE ( 3 ) UNRELATED PERSONS AT 202 EASTERN HEIGHTS DRIVE ( SOMETIMES REFERRED TO AS 104 SHARLENE ROAD ) , TOWN OF ITHACA TAX PARCEL N0 . 6 - 57 - 1 - 8 . 108 . Vice Chairman Hewett declared the Adjourned Public Hearing in the above -noted matter duly opened at 8 : 16 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Mark Goldfarb , as Agent for Eastern Heights Associates , was present . Vice Chairman Hewett asked Mr . Goldfarb to report on the status of the Appeal . Mr . Goldfarb appeared before the Board and stated that he was the property manager for these particular properties and , at the present time , at 202 Eastern Heights Drive , there is one person residing in the house . • Mr . King asked how long it has been in sole occupancy , with Mr . Goldfarb responding , since August 31st . Mr . King asked if there were a lease . Mr . Goldfarb stated that there was a lease in effect until the summer of 1985 . Mr . Goldfarb stated that the other apartment is vacant , adding that he will try to lease it . Mr . King asked Mr . Goldfarb if there were a limitation in the lease as to occupancy . Mr . Goldfarb responded that there was , one additional person . Mr . Goldfarb submitted a copy of the lease between Eastern Heights Associates and Ted SooHoo , dated August 16 , 1984 , for the record . Mr . King stated that the rider says : " RIDER to lease for 2nd floor at 104 Sharlene Road , Ithaca - - This is an additional agreement to become part of the lease dated August 16 , 1984 for the rental of the upper apartment at 104 Sharlene Road , Ithaca , New York , for the term commencing 8 - 31 - 84 and ending 6 - 30 - 84 [ sic . ] [ 1985 noted in pen ] between Eastern Heights Associates as Landlord and Ted SooHoo as tenant . 5As both parties of the lease are aware of The Town of Ithaca Zoning Ordinance ( Article IV , Section 11 ( 2a ) ( 3 ) ) limiting occupancy of the house in question to no more than three ( 3 ) un - related occupants , the tenants hereby agree and guarantee that they will limit the occupancy of their apartment to two ( 2 ) un - related people so the other unit in the house may be rented to a family and the entire house will be in compliance with local zoning ordinances in regard to the number of un - related occupants . In the case of a sub - lease , the tenant shall be responsible for enforcement of this covenant in regards to the sub - tenant ( s ) . " • MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : Zoning Board of Appeals 17 September 20 , 1984 • RESOLVED , by the Town of Ithaca Zoning Boardof Appeals , that , since the occupancy problem at 202 Eastern Heights Drive has been resolved , the case be and hereby is closed , and that the matter be declared and hereby is declared moot . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in and the matter of the Appeal of Eastern Heights Associates with respect to 202 Eastern Heights Drive duly closed at 8 : 20 p . m . ADJOURNED APPEAL ( FROM MAY 16 , 1984 ) OF EASTERN HEIGHTS ASSOCIATES IN RE THE OCCUPANCY OF A TWO - FAMILY DWELLING BY MORE THAN THREE ( 3 ) UNRELATED PERSONS AT 204 EASTERN HEIGHTS DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 8 . 107 . Vice Chairman Hewett declared the Adjourned Public Hearing in the above -noted matter duly opened at 8 : 21 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . • Mr . Mark Goldfarb , as Agent for Eastern Heights Associates , was present . Vice Chairman Hewett asked Mr . Goldfarb to report on the status of the Appeal . Mr . Goldfarb stated that , at 204 Eastern Heights Drive , the apartment on the first floor is presently occupied by a family . Mr . Goldfarb presented , for the record , a copy of the lease , dated June 15 , 1984 , between Eastern Heights Associates and Jonathan Monroe and Family , commencing August 1 , 1984 and expiring July 31 , 1985 [ no Rider attached ) . Mr . Goldfarb stated that the second floor is occupied by two unrelated people . Mr . Goldfarb presented the lease and similar Rider with respect to the upper apartment for the record , said lease being dated August 14 , 1984 , and being between Eastern Heights Associates and Gary Dolce and Richard Surosky , commencing August 31 , 1984 and expiring August 31 , 1985 . Mr . King noted that , with respect to the upper apartment lease with Dolce and Surosky , there seems to be the same language in the Rider , further noting the date of the lease as August 14 , 1985 , with the term of the lease expiring on August 31 , 1985 . Mr . King also noted that the other lease , dated June 15 , 1984, with Monroe and Family , expires on July 31 , 1985 , has no Rider attached , however , there is a clause in the lease about the zoning and occupancy laws of the Town of Ithaca . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : • RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that , since the occupancy problem at 204 Eastern Heights Drive has been Zoning Board of Appeals 18 September 20 , 1984 • resolved , the case be and hereby is closed , and that the matter be declared and hereby is declared moot . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in and the matter of the Appeal of Eastern Heights Associates with respect to 204 Eastern Heights Drive duly closed at 8 : 25 p . m . ADJOURNED APPEAL ( FROM MAY 16 , 1984 ) OF EASTERN HEIGHTS ASSOCIATES IN RE THE OCCUPANCY OF A TWO - FAMILY DWELLING BY MORE THAN THREE ( 3 ) UNRELATED PERSONS AT 206 EASTERN HEIGHTS DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 8 . 106 . Vice Chairman Hewett declared the Adjourned Public Hearing in the above -noted matter duly opened at 8 : 26 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Mark Goldfarb , as Agent for Eastern Heights Associates , was present . • Vice Chairman Hewett asked Mr . Goldfarb to report on the status of the Appeal . Mr . Goldfarb stated that , at the present time , the house at 206 Eastern Heights Drive is not occupied by anybody . Vice Chairman Hewett pointed out that , obviously , if Mr . Goldfarb does rent the house , the same Rider , or Riders , should be included as to the permitted occupancy by no more than three unrelated persons in the whole structure . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that , since the occupancy problem at 206 Eastern Heights Drive has been resolved , the house being unoccupied , the case be and hereby is closed , and that the matter be declared and hereby is declared moot . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in and the matter of the Appeal of Eastern Heights Associates with respect to 206 • Eastern Heights Drive duly closed at 8 : 30 p . m . Zoning Board of Appeals 19 September 20 , 1984 • ADJOURNED APPEAL ( FROM MAY 16 , 1984 ) OF EASTERN HEIGHTS ASSOCIATES IN RE THE OCCUPANCY OF A TWO- FAMILY DWELLING BY MORE THAN THREE ( 3 ) UNRELATED PERSONS AT 225 SNYDER HILL ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 8 . 68 . Vice Chairman Hewett declared the Adjourned Public Hearing in the above - noted matter duly opened at 8 : 31 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Mark Goldfarb , as Agent for Eastern Heights Associates , was present . Vice Chairman Hewett asked Mr . Goldfarb to report on the status of the Appeal . Mr . Goldfarb stated that the house at 225 Snyder Hill Road is also vacant at this time . Vice Chairman Hewett reiterated that , if Mr . Goldfarb does rent the house , the occupancy regulations must be complied with . Mr . Goldfarb stated that he will rent the house in a manner that will comply with the zoning laws . Mrs . Judith Hughes , 220 Eastern Heights Drive , spoke from the floor and stated that the house at 225 Snyder Hill Road has two cars parked on the property . Mr . Goldfarb stated that they belong to a previous tenant and they have been notified that they [ the cars ] will be removed , or they [ Eastern Heights Associates ] will remove them , by the end of the month . • MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that , since the occupancy problem at 225 Snyder Hill Road has been resolved , the house being vacant , the case be and hereby is closed , and that the matter be declared and hereby is declared moot . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in and the matter of the Appeal of Eastern Heights Associates with respect to 225 Snyder Hill Road duly closed at 8 : 36 p . m . CONSIDERATION OF THE MATTER OF SPEED LIMITS AND SIGNAGE ON CODDINGTON ROAD RELATIVE TO THE PROPOSED CODDINGTON ROAD COMMUNITY CENTER DAY CARE CENTER . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals defer and, hereby does defer the matter of speed limits and signage on Coddington Road relative to the proposed day care center at the Zoning Board of Appeals 20 September 20 , 1984 Coddington Road Community Center until such time as the Board is assured that the proposed day care center will become operational . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Vice Chairman Hewett declared the September 20 , 1984 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 40 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . • Jack D . Hewett , Vice Chairman •