Loading...
HomeMy WebLinkAboutZBA Minutes 1984-11-14 TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 14 , 1984 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , November 14 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward N . Austen , Joan G . Reuning , Edward W . King , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Phillip J . Zarriello , Harris A . Sanders , Estelle Sanders , Paul S . Richards , Floyd A . Kimple , George Mike , Josephine Richards , Barbara Kimple , Margaret Thorp , Herbert M . Schaaf , Ruth M . Schaaf , Rebecca J . Smith , Hoyt D . Benjamin , Gregar A . Lausche , Mark C . Metzgar , Cheng Chieu , Blaine Duggan , R . A . Perry , Mary Louise Perry , Almina Leach , Michael E . Leach , Victor DelRosso , Kay DelRosso , John Hirshfeld , Mayfred Hirshfeld . 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 November 6 , 1984 and November 9 , 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 , as appropriate , upon the Tompkins County Commissioner of Planning , and upon each of the appellants and / or agent , if any , on November 7 , 1984 . ADJOURNED APPEAL ( FROM OCTOBER 25 , 1984 ) OF IVAN AND FLORENCE BURRIS , APPELLANTS , HOYT BENJAMIN , AGENT , IN RE THE MATTER OF THE CONSTRUCTION OF AN ADDITION TO AN EXISTING LEGAL NON - CONFORMING SINGLE -FAMILY DWELLING AT 1013 TAUGHANNOCK BLVD . , TOWN OF ITHACA TAX PARCEL NO . 6 - 21 - 2 - 22 . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 06 p . m . and stated that this matter had been reviewed at and adjourned from the Board meeting of October 25 , 1984 , in order that the members of the Board could visit the site , which they did on November 1st . Mr . Benjamin was present . Chairman Aron asked if there were anyone present who wished to speak for or against this matter . Mr . Phillip J . Zarriello , 1011 Taughannock Blvd . , spoke from the floor and stated that he is the immediate neighbor of Mr . Benjamin ' s property . Mr . Zarriello stated that he had discussed the plans with Mr . Benjamin , looked at the plans with Mr . Benjamin , and had discussed the matter with Mr . Benjamin . Mr . Zarriello stated that he had no problems with the proposal , adding that no views will be obstructed and that he is in favor of the proposed improvement . Chairman Aron asked if there were anyone else who wished to speak . No one spoke . Chairman Aron closed the Adjourned Public Hearing at 7 : 10 p . m . , Zoning Board of Appeals 2 November 14 , 1984 • and asked if there were any questions from the Board , noting that they had all been there . For the record , the following letter , dated October 31 , 1984 , from Mr . Frank R . Liguori , Tompkins County Commissioner of Planning , to Mr . Cartee , was received on October 31 , 1984 : " Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . Case : Area variance appeal of Ivan and Florence Burris at 1013 Taughannock Boulevard ( 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 . " Mr . King noted that the proposal includes an addition on the northeast corner of the house and a deck just south of that . Mr . Cartee stated that that was correct . Mr . King noted that the discussion involves extending the house to the east , pointing out that he did not get down to see the property . Chairman Aron stated that that was correct , noting that he , Mrs . Reuning , and Mr . Austen visited the property and discussed the plans with Mr . Benjamin and his builder . • The Board listed the following as Facts : 1 . The hosue is a well - constructed house but it is built so that the second floor is not really usable as a floor , having very low ceilings both on the second floor and coming up from the stairs , and being more or less a storage area than a bedroom area . 2 . The front porch of the house needs repair anyway and it needs outside work to make it usable . 3 . The present entrance comes into the kitchen which is , perhaps , not the best of situations . 4 . The addition , as proposed , will both enhance and improve the neighborhood . 5 . The house is worth renovating . Mr . King asked what the addition will look like . Mr . Benjamin explained to Mr . King what the improvements will look like using the drawings which he had with him and which the other Board members had reviewed previously . The Board listed Fact # 6 , as follows : 6 . The proposal will not decrease any required side yard or front yard and would not appear to have any immediate impact on any neighbor , Zoning Board of Appeals 3 November 14 , 1984 • other than the neighbor to the south who appeared at the adjourned hearing and approved of the proposed improvements . MOTION by Mr . Edward Austen , seconded by Mr . Edward King : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca accept and hereby does accept the FACTS , as stated , with respect to the Hoyt Benjamin Appeal to extend a non - conforming use at 1013 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 6 - 21 - 2 - 22 . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant permission for the extension of the existing , legal non - conforming single family dwelling at 1013 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 6 - 21 - 2 - 22 , according to plans and drawings submitted by Hoyt D . Benjamin at Public Hearing on October 25 , 1984 and November 14 , 1984 . • There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Benjamin Appeal duly closed at 7 : 21 p . m . APPEAL OF RICHARD AND MARY LOUISE PERRY , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO PLACE A MOBILE HOME IN A RESIDENCE DISTRICT R15 AT 103 BUNDY ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 27 - 1 - 11 . 2 . PERMIT IS DENIED UNDER ARTICLE XIII , SECTION 59 ( b ) , 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 : 22 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mr . and Mrs . Perry were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Richard A . Perry and Mary Louise Perry under date of October 31 , 1984 , as follows : " . . . Having been denied permission to locate a trailer at Shalebrook Farm , Bundy Road . . . Our farm requires 2 hired men . We have one house , however , we need to locate the second man on our property . We hope to locate a trailer in a way that will be least offensive to all • the neighbors . I ' m sure our neighbors would regret the loss of Shalebrook Farm as a farm . We hope approval will be given for this request . " Zgning Board of Appeals 4 November 14 , 1984 It was noted that attached to the Perry Appeal was a completed Short Environmental Assessment Form signed by both Mr . and Mrs . Perry under date of November 1 , 1984 , which had been reviewed by Mr . Peter M . Lovi , the Town Planner , on November 2 , 1984 , who made the following recommendation : " This is an unlisted action for which I recommend a negative declaration of environmental significance . " Also attached , was a copy of " Farm Map " , Farm No . 758 , mapped by W . E . Schumacher , 10 / 30 / 48 , showing the Perry Farm and three possible locations for the proposed trailer . Chairman Aron asked the Perrys if they had anything to add to their Appeal as submitted . Mrs . Perry stated that they would add that in considering this , the Board should know that it would probably only be about three years that they would need this housing for their hired man , commenting that it would be no longer than three years because they suspect that after three years they would be finished farming , they hoped . Mr . King wondered if the Perrys thought the property will cease to be a farm . Mrs . Perry said that it probably would . Chairman Aron asked if there were anyone present who wished to speak for or against this matter . Mr . Victor DelRosso , 138 Bundy Road , spoke from the floor and stated that his home is about directly across from Dick and Jo Perry ' s farm . Mr . DelRosso stated that he was speaking to the matter at hand , not to Dick and Jo who are good friends . Mr . DelRosso stated that he opposed the placement • of a trailer in that area in that zone , adding that it would certainly be in violation of the Town of Ithaca Zoning Ordinance , which was carefully drawn , and in violation of the trust of the people in the neighborhood in complying with the zoning . Mr . DelRosso pointed out that a trailer for farm purposes is permitted in an Agricultural District or in a Residence District R30 by permission of the Board of Appeals , however , this area is zoned Residence District R15 and , therefore , a trailer has no place there . Mrs . Margaret Thorp , 140 Bundy Road , spoke from the floor and stated that she lives right next door to the DelRossos and across from the Farm . Mrs . Thorp stated that they bought their home this summer with the fact in mind that mobile homes are not permitted in the Town of Ithaca , commenting that , otherwise , they would have gone to Enfield which has no zoning and the property values reflect that . Mrs . Thorp stated that they knew there was a farm there and have no problem with that , however , they strongly object to a mobile home across the street and are concerned with a decrease in propery values . Mrs . Josephine Richards , 142 Bundy Road , spoke from the floor and stated that she also lives across the street directly from the proposed unit , adding that she has lived there 33 years now . Mrs . Richards stated that it has always been a tidy and a rather quiet neighborhood . Mrs . Richards stated that she is opposed to rezoning changes in the future that could make the Bundy Road less desirable . Chairman Aron stated that he would point out that the Board is not • discussing a rezoning matter . Zoning Board of Appeals 5 November 14 , 1984 Dr . John Hirshfeld , 122 Bundy Road , spoke from the floor and stated that he agreed with his neighbors , adding that he would not like a trailer across the street , however , on the other hand , the Perrys have operated this farm for a long time and have always been good neighbors . Dr . Hirshfeld stated that he did not understand whether a variance is permanent or not , but wondered whether the trailer could be located where it could not be seen , say , back in the woods . Mrs . Mayfred Hirshfeld , 122 Bundy Road , spoke from the floor and stated that she was concerned about the alternatives if the permission is not granted and the Perrys have to sell the Farm . Mrs . Hirshfeld stated that this matter is not black and white , commenting that if the Board denied the appeal and Bundy Road continues as it has been , the neighborhood may not have the farm at all . Mrs . Hirshfeld stated that she looked at it as more of a compromise to permit this trailer and have them keep it up very well so that it is not an eyesore and we will have the farm views , and also , as helping a neighbor where there is a very serious need which she thought was important in this world to consider the needs of others . Mr . Paul Richards , 142 Bundy Road , spoke from the floor and stated that maybe Mr . Perry could explain to them what he wants to do and why , adding that he saw a clearing in the woods . Mr . Richards asked what kind of a trailer Mr . Perry is going to put in , commenting that the residents were told that there cannot be a trailer in there . Mr . Richards stated that he was very much against putting a trailer over there , adding that he • liked Mr . Perry and has had a lot to do with him , however , he did not believe that is the place for a trailer . Mr . George Mike , 136 Bundy Road , spoke from the floor and stated that he was against a trailer there , adding that with all his acreage Mr . Perry could find another place , but not on the main road . Mr . Harris Sanders , 1201 Trumansburg Road , spoke from the floor and stated that he lives right across the road from the Perry Farm and he has always admired that farm . Mr . Sanders stated that he thought Mr . Perry was too good a businessman to give up his farm because he cannot put a trailer there . Mrs . Barbara Kimple , 160 Bundy Road , spoke from the floor and stated that she was opposed to this request , adding that there are apartments down the road and places to live . Chairman Aron noted that Mr . Perry had been in business for years and asked where his help lived . Mr . Perry stated that they have a tenant house on the farm and .they had been renting the " Odd Fellows ' House " which has been sold . Mr . Perry stated that the trailer is not really what they want to do ; they want to continue farming , but they need help . Mr . Perry stated that , to answer Mrs . Kimple , the apartments across the road go for $ 400 . 00 and they cannot afford that . Mr . Perry stated that they like to furnish housing for employees , commenting that they cannot put it way back in the woods because they need water and electricity and the hired man needs to get back and forth to work so they decided to put it there . Mr . Perry stated that they cannot hide it , but they have picked a practical place someplace in the woodlot , adding that that was not cleared because of the Zoning Board of Appeals 6 November 14 , 1984 trailer , it was to get wood . Mr . Perry commented that they have to fish or cut bait on this at some point , adding that maybe this is the worse thing that will occur and in the future he did not know what , the neighbors will like to look at . Mr . Perry stated that his proposal might not even happen , but he would like approval so that he can have a place for his hired man who lives now in the Sandy Creek Trailer Park which is six miles away and he has to be at work on the farm at 4 : 00 A . M . which is not easy . Mr . Perry stressed that the proposal is a matter of a short - term approval of less than three years and no longer than three years at the most . Chairman Aron noted that Mr . Perry had stated that he has one other tenant farmer and one who lives six miles away in a trailer park . Chairman Aron commented that people do travel different distances to and from work . Mr . Perry pointed out that the person in question works thirteen hours a day and gets to work at 4 : 00 a . m . Chairman Aron noted that Mr . Perry had mentioned the use of the trailer for three years or less . Mrs . Perry pointed out that their farm is in an Agricultural District , that is , County Agricultural District No . 6 . Mr . King asked how big the Perry Farm is , to which Mr . Perry responded , 160 acres . Mr . King stated that it appears that some of the land has been subdivided within the last ten years . Mr . Perry stated that that was correct , adding that his daughter and son - in - law have a parcel in the southeast corner . Mr . King inquired as to how much frontage there is • on Bundy Road , to which Mr . Perry replied , 3 , 100 feet . Mr . King noted that the proposal is to locate a trailer on the westernmost frontage on Bundy Road , Mrs . Perry stated that the trailer is not proposed to be on Bundy Road , per se , it would be in on the edge of the woodlot facing the east , not on Bundy Road , Mrs . Kimple asked if they would have a driveway , to which Mrs . Perry responded , yes . Mr . King asked what the setback would be on Bundy Road to the south . Mr . Perry stated that the setback would be no more than 100 feet . Mr . - King asked whether water was available , to which Mr . Perry replied that there is a 12 " main on the road there now . Mr . Cartee noted that the water line is across the road on the north side . Mr . King asked if electricity were available , to which Mr . Perry replied , yes . Mr . King wondered how long this land has been a farm . Mr. . Perry stated that it was 1949 when they got it , but it has been a farm since the 1800s . Mr . Perry stated that when they first farmed there it was zoned Agricultural , adding that he did not know when it was zoned R15 . Mr . King inquired about Mr . Perry ' s hired hand . Mr . Perry stated that the gentleman is 62 years old with a wife and daughter and a step child . Mr . King asked if Mr . Perry had a particular trailer in mind . Mr . Perry stated that he did , adding that it is a three -bedroom trailer that is available pending the outcome of this hearing . Mr . King asked if it were new , to which Mr . Perry replied , no . Mr . King asked Mr . Perry if he had any pictures of it , to which Mr . Perry responded , no . Mr . Austen asked if there were any other locations , other than either of the highways , that would be suitable . Mr . Perry stated that there were none that would be practical , commenting that they could put it anyplace , but it would not be practical . Mr . Austen stated that he was thinking about the Perrys ' other buildings where they do Wnything ave water and electricity . Mr . Perry stated that he thought probably could be arranged , but not where they would want it . Mr . King wondered what the objection would be to putting the trailer next to the Zoning Board of Appeals 7 November 14 , 1984 • tenant house and barn . Mrs . Perry stated that she thought traffic probably , adding that they use the same driveway . Mr . King inquired about where the driveway comes in and Mr . Perry described its location at the intersection of Trumansburg Road and Bundy Road . Mrs . Perry pointed out that if this land were zoned Ag by the Town as it is by the County , there would be no problem . Mrs . Reuning stated that she would like to pose two questions to those present after hearing the other points of view , she wondered , first , has the discussion changed their opinion at all , and , second , how do they feel about three years as a compromise and would that change their view . There was no indication of any change in view . A gentleman spoke from the floor and stated that Mrs . Perry had said there would be more traffic into the house , however , the hired man does go to the back and he could walk it . He further stated that if he drives , one more car will not hurt because there are lots of cars and trucks there already . He asked where the water and electricity goes to the tenant house now , wondering if it comes off Trumansburg Road or what . It was stated that services are 100 yards from the barn . Chairman Aron asked the gentleman if , provided there was water and sewer in an area away from Bundy Road , he would mind the trailer in such other place . The gentleman stated that he would mind it because he objected to a trailer at all . Chairman Aron commented that , therefore , water and sewer would not be relevant to him . Mr . King commented that it would make the placement of a trailer feasible . • The Secretary offered for the record the following : 11 1 . November 12 , 1984 - - 11 : 45 a . m . Received telephone call from Roger McOmber , 1128 Trumansburg Road Re : Richard Perry Appeal for a mobile home to be placed on a lot on Bundy Road , Mr . McOmber objects to this appeal and strongly urges the Town of Ithaca Zoning Board of Appeals to deny such request . ( sgd . ) Lewis D . Cartee , Bldg . Inspector " 2 . " Nancy - 11 / 11 / 84 - 12 : 00 Noon Received from Vic DelRosso today - Bundy Road Formal objection in re : " Perry Appeal " He believes the ZO explicitly rules out trailers in residential district and that ZBA should deny the appeal . I told him you would enter his objections in the record . ( sgd . ) Peter M . Lovi , Town Planner " 3 . " November 9 , 1984 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 : Use variance appeal of Richard and Mary Louise Perry at 103 Bundy 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 8 November 14 , 1984 0 • recommendation is indicated by the County Planning Department and you are free to act without prejudice . However , we caution you to consult your municipal attorney before proceeding with this action . Respectfully submitted , ( sgd . ) Frank R . Liguori , Commissioner Tompkins County Planning Department " Chairman Aron asked if there were anyone else who wished to speak to the matter of the Perry Appeal . No one spoke . Chairman Aron closed the Public Hearing at 7 : 50 p . m . Mr . King stated that he would like to say that this property obviously has been a farm for a very long time and , too , before the enactment of the Town of Ithaca Zoning Ordinance , Mr . King stated that certainly there might be some merit to providing housing for hired men on a farm , but there are obviously differences of opinion as to where and how such housing might be located . Mr . King stated that he was not sure he understood the Perrys ' point that it would not be feasible or desirable to put the trailer someplace else . Mr . King stated that he has not been to the property and he would like to see it . Mr . King stated that he would like something more definitive as to plans and presentation , adding that he is rather inclined toward , and would ask for , further submission by the Perrys if they think they can justify this request . Chairman Aron pointed out to Mr . and Mrs . Perry that Mr . King has • suggested visiting the site and also suggested that more information be submitted . Mrs . Reuning stated that she agreed , adding that she thought the Board needed something more specific . Mrs . Reuning stated that she agreed that an adjournment was in order , adding that she did know the property under discussion since she used to live across from it . Mr . Austen stated that he thought he agreed with Mr . King that perhaps the Board might better have more input on this , adding that perhaps there might be a better place for the location of a trailer , if there is to be one put there . Chairman Aron stated to Mr . Perry that the Board would like to go up to his property and have him point out the place or places suggested for the trailer and to show the Board the site itself and , in addition , the Board would like more specific information such as drawings , for example . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the matter of the Perry Appeal be and hereby is adjourned until 7 : 00 p . m . on Wednesday , December 12 , 1984 . By way of discussion , Mr . King asked Mr . DelRosso , who was seated near the Town of Ithaca Aerial Photo mounted on the wall , to identify the Perry home and the tenant house and the proposed site of the mobile home . Mr . DelRosso did so . • There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , King . Zoning Board of Appeals 9 November 14 , 1984 • Nay - None . The MOTION was declared to be carried unanimously . There followed a discussion among the Board members and the Perrys as to a date and time for the Board members to visit the Perry Farm . It was decided that the Board would meet with Mr . Perry on Wednesday , December 5th , at 11 : 00 a . m . , on the site . APPEAL OF CHIEU CHENG , APPELLANT , BLAINE DUGGAN , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE , CREATING A SIDE YARD OF LESS THAN 15 FEET , AT 203 WINSTON DRIVE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 70 - 9 - 17 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 14 , 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 8 : 05 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Cheng and Mr . Duggan were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Blaine Duggan , Agent for Chieu Cheng , under date of November 7 , 1984 , as follows : " . . . Having been denied permission for an addition to an existing single family structure with a side yard of less than 15 ' at 203 Winston Dr . . . . To provide additional living space for the family . House presently too small and need bedrooms for children . " It was noted that attached to the Appeal Form was a Survey Map , prepared by Clarence • Brashear , dated June 22 , 1981 , showing a southerly side yard of 25 ' . Mr . Blaine Duggan appeared before the Board on behalf of Mr . Cheng and stated that Mr . Cheng ' s wife ' s mother will be moving in with them , thus , part of the need is to provide a bedroom for her . Mr . Duggan stated that he had several pictures of the property and submitted same for the Board members to look over , commenting on each photograph : Mr . Duggan pointed out that the, garage will be added on on top of it and expanded out so that it will be 13 feet from the south side lot line requiring a side yard variance of 2 feet . Mr . Duggan pointed out the photo which shows a view of the existing house to the south , commenting that he had a letter from them that they agree with the proposal . Mr . Duggan stated that he also had some new drawings showing the plans which included elevations , foundation detail , site plan , floor plan , and perspective . Chairman Aron asked Mr . Duggan if he were a builder . Mr . Duggan stated that he was . Mr . Austen asked if there were to be any expanding toward the street . Mr . Duggan stated that there would not , commenting that the setback would remain the same ; the ridge would be raised and the " garage " extended out 12 feet . Mr . King noted that the applicant wants to use two feet of the required 15 - foot side yard . Chairman Aron read aloud the following letter submitted by Mr . Duggan signed by L . Quin Newton for himself and for Renee Newton , as follows : • 121 Winston Drive Ithaca , New York 14850 November 12 , 1984 Zoning Board of Appeals 10 November 14 , 19 • . . . Based on a conversation with Mr . & Mrs . Chieu Cheng , we gave our permission to them to build to within 13 feet of our mutual property line . We are unable to attend your meeting on November 14 , 1984 , but would gladly answer any questions you might have . " Mrs . Reuning asked how far away from the lot line is the neighbor ' s house . Mr . Duggan stated that he had not measured it , but he would say it is about 22 - 23 - 24 feet from the lot line to the house and indicated the house on one of the photographs . Mrs . Reuning noted that it is not right up close . Mr . Duggan agreed , adding that it is certainly 15 feet from the lot line and probably more . Mr . Cartee stated that he believed the Cheng house is a raised ranch and so is the house next door . Mr . Duggan stated that that was correct , adding that the addition would be on the same plane as the house to the south . Mrs . Reuning asked if the garage was being done away with . Mr . Duggan stated that they are really not because they are actually doing away with the existing garage so that upstairs the living area can be extended out . Mr . King wondered if the garage is being incorporated into the extension . Mr . Cartee stated that the garage will become a two - car garage with living area above it . Chairman Aron noted that there was no one present to speak for or • against the matter before the Board , Mr . Cheng being the only person remaining . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : WHEREAS , the variance requested is two feet out of the fifteen - foot required side yard , which is a 13 % variation and which appears to be almost insignificant with the location of the nearest neighbor ' s house a good 35 feet farther on , such neighbor having submitted in writing to this Board their permission to the appellant to build within 13 feet of their mutual property line , and WHEREAS , no other persons appeared or submitted objections to the requested variance ; NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of two feet from the 15 - foot side yard requirement under Section 14 of the Town of Ithaca Zoning Ordinance , to permit the construction of an addition , southerly , to an existing single family residence located at 203 Winston Drive , Town of Ithaca Tax Parcel No . 6 - 70 - 9 - 17 , as shown on the plans submitted at Public Hearing this date , November 14 , 1984 . There being no further discussion , the Chair called for a vote . • Aye - Aron , Austen , Reuning , King . Nay - None , Zoning Board of Appeals 11 November 14 , 19 • The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in and the matter of the Cheng Appeal duly closed at 8 : 20 p . m . ADMINISTRATIVE BUSINESS Chairman Aron stated that Mr . Austen ° s term as a member of the Board of Appeals will expire on December 31 , 1984 . Chairman Aron stated that he had asked Mr . Austen if he would be kind enough to accept another term and he said that he would be pleased to do so . Chairman Aron stated that he would like a resolution of recommendation to the Town Board that Mr . Austen be reappointed to another five - year term , commencing January 1 , 1985 , as a member of the Town of Ithaca Zoning Board of Appeals . Mr . King stated that he would MOVE that the Board recommend that unanimously . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board the reappointment of Mr . Edward N . Austen as a member of said Board of Appeals for a five - year term commencing January 1 , 1985 . • There being no further discussion , the Chair called for a vote . - Aye Aron , Austen , Reuning , King . Nay - None . The MOTION recommending to the Town Board the reappointment of Mr . Edward N . Austen for his third term as a member of the Town of Ithaca Zoning Board of Appeals , was declared to be carried unanimously . Mr . King offered his thought that the Zoning Board of Appeals has been working quite well over the years and he would recommend that it continue with its Vices and Chair in place . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board the reappointment of Mr . Henry Aron as Chairman of the Board for the year commencing January 1 , 1985 , with Mr . Jack D . Hewett as First Vice Chairman and Mr . Edward N . Austen as Second Vice Chairman . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , King . Nay - None . • The MOTION was declared to be carried unanimously . • Zoning Board of Appeals 12 November 14 , 19 • ADJOURNMENT Upon Motion , Chairman Aron declared the November 14 , 1984 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 30 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . a Henry Aro hairman • •