HomeMy WebLinkAboutZBA Minutes 1988-10-26 FILED
TOWN OF ITHACA
Date 21west _`1 4 / 1
TOWN OF ITHACA ZONING ''IBOARD OF APPEALS
Clerk
OCTOBER 26 1988
A regular meeting of the Town of Ithaca Zoning Board of Appeals
was held on Wednesday , October 26 , 1988 in the Ithaca Town Hall , 126
East Seneca Street , Ithaca , New York , ' at 7 : 00 p . m .
PRESENT : Vice - Chairman Edward Austen ; Joan Reuning , Eva Hoffmann ,
Edward W . King , Esq . , John C . Barney , Esq . ( Town Attorney ) ,
Andrew Frost ( Building Inspector / Zoning Enforcement
Officer ) , Laura Predmore ( Asst . Building Inspector / Zoning
Enforcement Officer ) ,
ALSO PRESENT : William Gerber , Scot Raynor , D . Quinn , C . Hoover , R .
Terry , David B . Gersh , Esq . , G . Sheldrake , Michael
Morusty , M . Mahool ,
The Meeting was opened at 7 : 00 pm .
Vice -Chairman Austen stated that all posting and publication of
the' public hearings had been completed and that proper affidavits of
same were in order .
The first item on the agenda forlliconsideration was as follows .
ADJOURNED APPEAL ( FROM SEPTEMBER 14 , 1988 ) OF JOHN E . RANCICH ,
APPELLANT , MICHAEL J . MORUSTY , APPLICANT , REQUESTING VARIANCE OF THE
REQUIREMENTS OF ARTICLE IV , SECTION 111 PARAGRAPH 2 , OF THE TOWN OF
ITHACA ZONING ORDINANCE , WHEREBY ONLY ONE RESIDENTIAL STRUCTURE ON A
PARCEL OF LAND , WITH UP TO TWO DWELLING UNITS WITH OCCUPANCY BY EITHER
TWO FAMILIES OR A TOTAL OF THREE UNRELATED PERSONS IN THE ENTIRE
STRUCTURE , IS PERMITTED . THE APPLICANT CURRENTLY MAINTAINS TWO
RESIDENTIAL STRUCTURES , EACH CONTAINING THREE DWELLING UNITS , ON TOWN
OF ITHACA TAX PARCEL NO . 6 - 25 - 2 - 329, KNOWN AS 845 - 847 TAUGHANNOCK
BLVD . , RESIDENCE DISTRICT R- 15 .
At this time , Andrew Frost , Building Inspector / Zoning Enforcement
Officer stated that he had talked with Mr . Morusty ' s Attorney , Wesley
McDermott , Mr . Frost stated that Mr . Morusty has applied to the
Planning Board for subdivision approval , noting , should that be
approved it is anticipated that Mr . Morusty would come back on a new
appeal for some yard variances that would be a result of the
subdivision .
Mr . Frost referred to a letter , addressed to Mr . Andrew Frost ,
from James E . Gardner , Jr . , dated September 21 , 1988 , a copy of which
is "attached hereto as Exhibit 1 . Mr . Frost also referred to page 23
of the Zoning Board of Appeals Minutes of September 14 , 1988 , a copy
of which is attached hereto as Exhibit 2 .
Mr . Frost stated that , at this point , he had not been furnished
with the name of each occupant in each unit in each building . Mr .
ii
Zoning Board of Appeals - 2 - October 26 , 1988
• Frost stated that Mr . Morusty has indicated that he has removed one of
the tenants from the larger building , which is closest to the lake ,
adding that Mr . Morusty had indicated , in conversation , that the
second tenant in the other building would be moving out November 1st ,
Mr . Frost noted that , at that point , there would be two two - family
dwelling units left on the property . [ Property survey map attached
hereto as Exhibit 3 . 1 11
At this -
time Vice Cha '
firman announced that discussion of this
matter would be postponed until later in the evening , as the applicant
was not present .
The second item on the agenda was as follows :
APPEAL OF DOUGLAS QUINN JR . , APPELLANT , DAVID B . GERSH , ESQ . , AGENT ,
REQUESTING VARIANCE OF THE REQUIREMENT OF ARTICLE IV , SECTION 14 , OF
THE TOWN OF ITHACA ZONING ORDINANCE , WHEREBY A 15 - FOOT SIDE YARD
SETBACK OF A RESIDENTIAL STRUCTURE FROM A PROPERTY LINE IS REQUIRED .
THE VARIANCE REQUESTED IS 8 FEET TO PERMIT A SOUTHWEST SIDE YARD
SETBACK OF 7 FEET , FOR A SINGLE FAMILY DWELLING WITH AN ATTACHED
OUTSIDE WOOD DECK LOCATED AT 210 EASTERN HEIGHTS DRIVE , TOWN OF ITHACA
TAX PARCEL NO . 6 - 57 - 1 - 8 . 104 , RESIDENCE DISTRICT R- 15 .
Attorney David B . Gersh addressed the Board and stated that Mr .
Quinn purchased a home at 210 Eastern Heights Drive on September 16 ,
• 1988 . Attorney Gersh stated that Mr . Quinn ' s financing contingency
required a Certificate of Occupancy . Attorney Gersh contacted Mr .
Frost concerning the certificate , and Mr . Frost stated that he could
not issue a certificate because the deck is 7 feet from the property
line , when 15 feet is the required minimum . Attorney Gersh stated
that the bank , and its attorney , went through with the closing , with
his [ Attorney Gersh ' s ] personal promise that a Certificate of
Occupancy would be provided . [ Appeal attached hereto as Exhibit 4 . ]
At this point , Attorney Gersh distributed photographs of the
subject property to the Board members for review .
Attorney Gersh noted that the deck has existed since 1979 . [ Copy
of Ithaca Board of Realtors Multiple Listing attached hereto as
Exhibit 5 . 1 Attorney Gersh commented that , in all that time , he did
not believe there has been an objection to the existence of the deck
by the Town , nor any of the neighbors . Attorney Gersh stated that he
believed the deck was rebuilt in 1985 ,. [ A copy of an invoice from
McElwee General Contractors attached , hereto as Exhibit 6 . 1 Attorney
Gersh stated that it was his understanding that the replacement deck
was rebuilt on the original footers .
Continuing , Attorney Gersh stated that Mr . Quinn is faced with
the practical difficulty of tearing down the deck , which is at least
an $ 1 , 800 . 00 piece of construction .
• Board Member Edward King wondered when Mr . Quinn contracted to
purchase the home . Attorney Gersh produced the Purchase Offer , a copy
of which is attached hereto as Exhibit 7 . Attorney Gersh also
Zoning Board of Appeals - 3 - + October 26 , 1988
i Produced a copy of the Deed a copy of which is attached hereto as
Exhibit 8 .
Board Member Joan Reuning inquired about the distance between
subject property and the adjacent property . Mr . Quinn responded that
he thought it was about 35 - 40 feet . '; [ Survey map attached hereto as
Exhibit 9 . ] Board Member Eva Hoffmann asked about the size of the
deck , with Mr . Quinn answering , approximately 10 feet by 25 feet .
The Public Hearing was then opened . No one appeared on this
matter . The Public Hearing was closed .
Eva Hoffmann wondered why the deck was rebuilt . Mr . Quinn
responded that the old deck was not pressure - treated wood .
It was MOVED by . Joan Reuning as ,;follows :
WHEREAS , the Zoning Board of Appeals finds that , if this variance
were denied the Appellant would suffer hardship from the original
investment in the house , and
WHEREAS , no one appeared from the public to oppose this matter ,
IT IS , THEREFORE ,
• RESOLVED that this Board hereby grants the variance to allow the
deck to intrude into the required side lot area , as shown on the
Sketch Plan .
SUBJECT TO THE FOLLOWING CONDITION :
1 . That the deck not be enclosed , enlarged , or otherwise
substantially changed in character .
Edward W . King seconded the MOTION .
The voting was as follows :
Aye - Austen , King , Reuning , Hoffmann .
Nay - None .
The MOTION was declared to be carried unanimously .
At this point , Vice - Chairman Austen announced that the postponed
Morusty Appeal would be reopened .
Mr . Morusty addressed the Board and stated that he had evicted
some people . Mr . Morusty commented : that he had made provisions to
make the left - hand side of 847 Taughannock Blvd . into one unit , and
two floors of 845 Taughannock Blvd . linto one unit , noting that they
were now two two - family houses . Mr . Morusty offered that he had a
• survey done of the property . Mr . Morusty remarked that in order to
keep the property he would have to ,; sell one of the parcels , adding
that he has discussed the matter withuthe Town Planner , Susan Beeners .
Zoning Board of Appeals - 4 - October 26 , 1988
• Mr . Morusty stated that there would 'be four parking spaces , with the
possibility of five spaces , for the southerly house , and the northerly
house would have six parking spaces .
Board Member Edward W . King asked Mr . Morusty if he had been
before the Planning Board to request the subdivision , with Mr . Morusty
answering , no , he had spoken with Ms . Beeners and she said that the
Zoning Board would make a recommendation to the Planning Board , Mr .
Morusty offered that he had made application to the Planning Board .
Mr . Frost stated that Mr . Morusty would be going before the Planning
Board for Subdivision Approval , and if the Planning Board granted
approval , then a recommendation would be made to the Zoning Board .
11
At this point , Mr . Morusty stated that , as far as occupancy , he
has brought that into compliance , however , it being winter , it is hard
to get vehicles in and out of the steep driveway , and , because of the
heat situation , he plans to keep the two families in there until
spring . Mr . Morusty offered that this would only leave occupancy of
two apartments while the construction is being done , because four
apartments would be under construction . Mr . Morusty noted that there
are presently two , three unit apartment houses , which would become
two , two unit apartment houses .
Mr . Morusty stated that the house closest to the lake has been
reduced by two tenants . Mr . Morusty stated that he would have a list
• of all the leases and occupancies on November 6 , 1988 .
Vice -Chairman Austen wondered if the unlicensed vehicles had been
removed , with Mr . Morusty answering , ' yes .
Mr . Morusty stated that he would be moving into one apartment at
847 Taughannock Blvd . when the construction starts . Board Member King
wondered if Mr . Morusty posted some rules concerning the tenants '
behavior . Mr . Morusty responded that Attorney McDermott acted on his
behalf with the rental agent , James Gardner Jr . , in sending out a
preliminary letter , and added that new leases are being drawn up , as
to the rules . Mr . Frost stated that he had not seen a copy of the
preliminary letter . Mr . Morusty stated that he would provide Mr .
Frost with a copy .
The Public Hearing was opened .
William Gerber of 841 Taughannock Blvd . spoke from the floor and
stated that he had voiced his displeasure at the last meeting . Mr .
Gerber stated that he had no complaints at this point , but did not
know if it was just because of the cold weather , or because the
tenants have changed their attitudes .
Board Member Edward King inquired as to the occupancy in each
building . Mr . Morusty said that , at the present time , there was a
married couple in the unit closest to the road , an unrelated couple in
• the middle , and the bottom apartment is empty . Mr . Morusty stated
that there are two police officers residing in one unit at 847
Zoning Board of Appeals - 5 - October 26 , 1988
Taughannock Blvd . , and two couples ( four people ) residing in the other
unit .
Robert Terry of 835 Taughannock Blvd . spoke from the floor and
stated his confusion regarding the discussion on all these units . Mr .
Morusty responded that he purchased the property as two three - unit
buildings on a Land Contract , adding that he was naive in not asking
for a Certificate of Compliance , and commenting that later he found
out he was in violation of the Zoning Ordinance .
Attorney Barney stated that he would suggest that the Zoning
Board of Appeals be furnished with copies of the existing leases on
the property , a written plan to get the tenants back into what is
permitted by the Zoning Ordinance , and names of each tenant and where
they are located .
Vice - Chairman Austen stated that the above information should be
submitted to Mr . Frost within a week .
Mr . King stated that any construction undertaken has to be
preceded by an application for a building permit .
Vice - Chairman Austen closed the Public Hearing in this matter
stated that a decision on this matter would be postponed until the
November 9 , 1988 Zoning Board of Appeals Meeting . Vice - Chairman
• Austen noted that this matter would appear as an Agenda item .
The third item on the agenda was the following :
APPEAL OF TRINITY LUTHERAN CHURCH , APPELLANT , CHARLES F . HOOVER ,
AGENT , REQUESTING SPECIAL APPROVAL UNDER ARTICLE IV , SECTION 11 ,
PARAGRAPH 31 OF THE TOWN OF ITHACA , ZONING ORDINANCE , FOR A PROPOSED
1 , 325 ± SQ . FT . ADDITION ON THE EAST SIDE OF THE EXISTING CHURCH
COMPLEX LOCATED AT 149 HONNESS LANE , TOWN OF ITHACA TAX PARCEL N0 ,
6 - 58 - 2 - 4 , RESIDENCE DISTRICT R- 15 . THE TOWN OF ITHACA PLANNING BOARD ,
AT PUBLIC HEARING ON SEPTEMBER 20 , 1988 , RECOMMENDED TO THE BOARD OF
APPEALS A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE AND THE
GRANTING OF THE REQUESTED SPECIAL APPROVAL FOR THE PROPOSED 1 , 325 ± SQ .
FT . ADDITION .
Mr . Hoover addressed the Board and referred to the Appeal Form ,
which is attached hereto as Exhibit 10 ,
Mr . Hoover noted that the structure would be one - story , and
conforms in terms of zoning . Mr . Hoover offered that the addition
would be constructed of concrete block , which is the same as the
original building .
Vice -Chairman Austen referred to the Site Plan for the proposed
addition , a copy of which is attached hereto as Exhibit 11 .
• Vice -Chairman Austen declared the Zoning Board of Appeals as Lead
Agency for Environmental Review .
Zoning Board of Appeals - 6 October 26 , 1988
• The Public Hearing was opened . No one appeared on this matter .
The Public Hearing was closed .
Vice -Chairman Austen then readfrom the recommendation of the
Assistant Town Planner as to Environmental Assessment : " Lead Agency :
Town of Ithaca Zoning Board of Appeals , Reviewer : George R . Frantz ,
Assistant Town Planner , Review Date : September 12 , 1988 . " Said
document is attached hereto as Exhibit 12 , being Parts I and II of the
Environmental Assessment Form .
[ Secretary ' s Note : Trinity Lutheran Church Addition , 149 Honness
Lane , ADOPTED RESOLUTION - Planning Board , September 20 , 1988 , hereto
attached as Exhibit 13 . ]
As to the Environmental Assessment a MOTION was made by Joan
Reuning as follows :
RESOLVED , that this Board make and hereby does make a negative
determination of environmental significance with respect to the
proposed Trinity Luthern Church addition .
The MOTION was seconded by Edward W . King .
The voting was as follows :
• Aye - Austen , King , Reuning , Hoffmann .
Nay - None .
The MOTION was declared to be carried unanimously .
Board Member King commented that he thought the addition was a
very low impact proposal . Mr . King noted that there did not appear to
be any residents immediately impacted by this proposal .
Building Inspector / Zoning Enforcement Officer Andrew Frost stated
that the proposed addition would eliminate a fire safety hazard that
currently exists , by removal of a tractor storage area from the main
building .
Edward W . King MOVED as follows. :
WHEREAS , this Boards finds as follows :
1 . The proposed addition to. the Trinity Lutheran Church on
Honness Lane meets all the criteria for the granting of Special
Approval under Section 77 of the Zoning Ordinance in accordance with
Section 11 , Subdivision 3 , for R- 15 zoning .
2 . The health , safety , morals and general welfare of the
community will be promoted by the proposed addition , and that it will
be in harmony in keeping with the character of the neighborhood .
• 3 . The proposed use is not detrimental to theg eneral amenities
nor poses any traffic or other problems .
Zoning Board of Appeals - 7 October 26 , 1988
• THEREFORE IT IS RESOLVED , that this Board grants Special Approval
for the construction of a proposed addition to the Trinity Lutheran
Church on Honness Lane ,
The MOTION was seconded by Eva Hoffmann .
The voting was as follows :
Aye - Austen , King , Reuning , Hoffmann .
Nay - None .
The MOTION was declared to be carried unanimously .
The last item on the Agenda was the following :
APPEAL OF GEORGE SHELDRAKE , APPELLANT , REQUESTING THE AUTHORIZATION OF
THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF
ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON- CONFORMING
BUILDING OR USE AT 174 CALKINS ROAD , TOWN OF ITHACA TAX PARCEL NO ,
6 - 33 - 2 - 10 , RESIDENCE DISTRICT R- 30 . THE APPELLANT PROPOSES TO EXTEND
ABOVE AN EXISTING BUILDING FOUNDATION BY ADDING A TWO - STORY
SINGLE - FAMILY RESIDENCE , WITH SAID PARCEL OF LAND PRESENTLY CONTAINING
A SEPARATE SINGLE- FAMILY RESIDENTIAL STRUCTURE , SAID EXISTING
BUILDING FOUNDATION PRESENTLY CONTAINS A SINGLE - FAMILY RESIDENCE WHICH
IS PROPOSED TO BECOME PART OF THE PROPOSED TWO - STORY SINGLE - FAMILY
RESIDENCE . ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING
ORDINANCE PERMITS ONLY ONE DWELLING BUILDING ON A SINGLE PARCEL OF
LAND , SHOULD THE APPELLANT FAIL TO PROVE A " LEGAL " NON -CONFORMING
BUILDING OR USE , A REQUEST FOR A VARIANCE FROM SAID ARTICLE V . SECTION
18 , HAS BEEN REQUESTED .
Mr . Sheldrake approached the Board and stated that the Board was
concerned with the legal non - conforming part . Mr . Sheldrake offered
that there is another house on the same lot , and it was that way when
he purchased the property . Mr . Sheldrake referred to his Appeal Form ,
a copy of which is attached hereto as Exhibit 14 . Mr . Sheldrake noted
that the lot has 305 feet of road frontage but that does not include
the adjoining land to the southeast . ,,
At this point , Andrew Frost , Building Inspector / Zoning
Enforcement Officer , noted that Mr . Sheldrake obtained a building
permit in 1981 for the purpose of contructing a greenhouse . Mr . Frost
stated that that building permit does not seem to indicate that there
was a basement residence . Mr . Frost wondered when the basement
apartment was added . Mr . Sheldrake responded that that was at the
same time , adding that he has been working on it for years . Mr . Frost
stated that it appeared to him that the basement apartment was
constructed without a permit , with Mr . Sheldrake responding , he did
not secure a permit . Mr . Sheldrake stated that he purchased the
property in 1978 , commenting that the foundation was there , but the
structure on top was not completed . [ Secretary ' s Note : Letter
• addressed to the Town of Ithaca Zoning Board from Stuart ET Cobb and
Margaret T . Cobb , 115 Franklin Street , dated October 3 , 1988 , attached
hereto as Exhibit 15 . ]
Zoning Board of Appeals - 8 - October 26 , 1988
At this time , Mr . Frost stated that it appeared to him that there
was never a legal non - conforming use of the second building as a
residence , commenting that he thought a variance was the issue here
and not an issue of an extension of a non - conforming use . Mr . Frost
referred to Section 53 of the Zoning Ordinance . Mr . Sheldrake offered
that he rents out the small house on the property , and commented that
the house under construction is a 30 ' X 40 " single family house with
three bedrooms . Mr . Sheldrake stated that he lives in ' the basement
apartment of the single family house at the present time , but the
apartment would be incorporated into the whole house when construction
is completed . [ Secretary ' s Note : Part I and II of the Environmental
Assessment Form , dated September 29 , 1988 and October 25 , 1988 ,
respectively , attached hereto as Exhibit 16 . ]
Mr . King offered that Mr . Sheldrake has been constructing
residential properties without a permit , and not in conformance with
the Zoning Ordinance , which permits only one house on the parcel . Mr .
Sheldrake responded that he never knew he was not in conformance until
Mr . Frost informed him . Mr . Sheldrake noted that he did secure a
building permit in 1981 for a " plastic greenhouse " , but that the
greenhouse no longer exists .
Mr . Frost indicated that there were letters in support of Mr .
Sheldrake ' s appeal , copies of which, are attached hereto as Exhibits
17 , 18 , and 19 . Mr . Sheldrake stated that as far as he knew both
structures existed as far back as 1950 .
The Public Hearing was then opened . No one appeared on this
matter . The Public Hearing was then , closed .
Mr . King stated that Mr . Sheldrake made application for the
greenhouse structure on top of the building , but was less than candid
with the Town in disclosing what the purpose was for , and what the
purpose of the structure underneath was for .
At this point , Mr . Frost referred to his letter addressed to Mr .
George Sheldrake , dated September 9 , 1988 , a copy of which is attached
hereto , along with a tax map showing the parcel , as Exhibit 20 , Joan
Reuning wondered if it would make a difference if the small cottage on
the property was just used for Mr . Sheldrake ' s purpose , with Mr .
Frost responding , if it was used as an accessory building , and not as
a residence . Mrs . Reuning commented that , in her opinion , Mr .
Sheldrake keeps his property very well groomed , noting that she
realized her comment did not have any bearing on Mr . Sheldrake not
securing a building permit .
A MOTION was made by Edward W . King as follows :
RESOLVED , that this Board adjourn decision on this ' matter until
the December 14 , 1988 Zoning Board of Appeals meeting , following a
report from the Town Attorney and / or Zoning Enforcement Officer as to
• the disposition of prosecution under the Zoning Ordinance for the
failure to obtain a permit for the present construction .
Zoning Board of Appeals - 9 - October 26 , 1988
• Joan Reuning seconded the MOTION .
The voting was as follows :
Aye - Austen , King , Reuning , Hoffmann .
Nay - None .
The MOTION was declared to be carried unanimously .
Mr . King noted that the above issue will appear on the Public
Hearing Notice as an Agenda item .
There being no further business to come before the Board the
meeting was adjourned at 9 : 30 p . m .
Respectfully submitted ,
Mary S . Bryant ,
Recording Secretary .
A
ward N . Austen , Vice Chairman
Accepted :
/O
Henry Aron , Chairman
[ Exhibits 1 through 20 attached . ]
0
JAMES E . GARDNER , JR .
408 NORTH TIOGA STREET
P . O . BOX 6403
.. ITHACA. NEW YORK 14851
607.277.3232
September 21 , 1988
Mr . Andrew Frost
Building Inspector
Town of Ithaca
126 East Seneca Street
Ithaca , NY 14850
Re : 845 and 847 Taughannock Blvd . . .
Dear Mr . Frost :
Mr . Morusty has asked me to inform you that he is making progress
• in correcting the problems at this property . Specifically , he .
will be removing all unregistered vehicles this week from the
boulevard . He has also put the tenants on notice that if there
is another complaint about the dogs running free , the tenants
will have to permanently remove these . ,Ipets . Mr . Morusty will
continue to be in touch with you to keep you informed of his
progress .
W
ere yours ,
aylorgent for
James E . Gardner , Jr .
EXHIBIT 1
Zoning Board of Appeals
September 14 , 1988
Page 23
other unit .
Chairman Aron said then that Mr . Morusty had - to get rid of
about three people in 847 and about three or four in 845 .
s
Mr . King asked if there were copies of the leases available
-and Mr. Morusty stated they would . send copies to the Board in the
morning .
Mr . King said he would suggest that ' the Zoning Board of
Appeals be furnished ' with the name of each occupant in each unit
in eatch building and Uift Uze Board be furnistred with Tr--
rules and regulations for the tenants •and that they be strong
enough to eliminate the thoughtless living that had existed in
the past . He also suggested that a written report of the
unlicensed vehicles on the property be given to the Zoning
Enforcement Officer and discuss with such officer whether these
vehicles were permitted on the property . Finally , he said , Mr .
Morusty should get to the Zoning Board of Appeals within ten days
a written plan to eliminate some of the tenancies to bring it
down to two dwelling units in each building with occupancy only
as permitted by the zoning ordinance .
Mr . Morusty asked if he could do one dwelling at a time and
Mr . King said he should work this . out so the individuals had
plenty of notice but the Board would like some movement on this
matter .
Chairman Aron adjourned this matter for the October 26th
meeting and advised Mr . Morusty to have all papers and documents
together at that time . He further advised Mr . Morusty to work
closely with Mr . Frost .
The meeting was adjourned at : 10 : 00 . p . m .
Respectfully bmitted ,
&atrice Lincoln
Recording Secretary
Exhibits 1 through 3 attached
APPROVED :
Henry Aron , Chairman
23
EXHIBIT 2
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TOWN OF ITHACA FEE : $ 40 . 00
126 East Seneca 'Street RECEIVED : 4o "
Ithaca, New York 14850 CASH
( 607 ) 273 - 1747 CHECK - C1421) �-"5�'
ZONING :
A P P E A L For Office Use Only
to the
Building Inspector/Zoning Enforcement Officer
and the
Zoning Board of + Appeals
of the
Town of Ithaca, New York
Having been denied permission to receive a Certificate of Occupancy for the residence
at ON 210 Eastern Heights Drive Town of Ithaca
Tax Parcel No . 57 -01 -8 . 104 as shown on the accompanying
application and/or plans or other supporting documents, for the stated reason that the
. issuance of such permit would be in violation of :
Article (s ) _ IV Section ( s) 1411
,
of the Town of Ithaca Zoning Ordinance ,
the UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the
Anneal ; affirms that strict observance of the Zoning Ordinance would impose PRACTICAL
DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows :
(Additional sheets may be attached as necessary . )
APPEAL OF DOUGLAS M . QUINN
11
I am the purchaser of a 'house at 210 Eastern Heights Drive , formerly owned by William
E . Brown , Jr . My mortgage lender , Citibank , requires a Certificate of Occupancy , which my
attorney . requested of the Town Zoning Office : Mr . Frost visited my new home and advised
that he could not issue the necessary Certificate because the deck attached to the west
side of the house is seven feet from the property line . He explained that the Town ' s
zoning Ordinance , Article IV , Section 14 requires a distance not less than 15 feet ( A
conviof the survey map is attached for your convenience ) -Continued on attached pages -
Signature
ages -SIgnature of Owner/Appe i i ant : �e w� w .� Date : 1 G - F �-
Signature of Appellant / Agent , its,_ _— Date .
, � �
EXHIBFF 4
PLOT PIAN
INFORMATION TO BE SHOWN :
1 . Dimensions of lot . 4 . Dimenslons and location of proposed structure ( s ) or
•2 . Distance of structures from : or addition ( s ) .
a . Road , 50 Names of neighbors who bound lot .
b . Both side lot lines , 6 . Setback of neighbors .
c . Rear of lot . 1 . Street name and number .
3 . North arrow . 8 . Show existing structures in contrasting lines .
See Attached Survey Map .
•
Y '
Signature of Owner/Appellant : o-v^ I Date : /0
Signature of Appellant / Agent : Date . G / 4 ��
EXHIBIT 4 '
APPEAL OF DOUGLAS M . QUINN continued
•
Mr . Frost advised that in all other respects , my new home met the Town ' s require -
ments for a Certificate of Occupancy , and , had the deck been located properly , he
would have been pleased to issue the needed Certificate immediately .
Denial of a Certificate of Occupancy because of the location of the deck will im-
pose practical difficulty and unnecessary hardship on me and my family in meeting the
requirement of my mortgage lender and also / squiring a valid Certificate of Occupancy
for use if and when we wish to sell or refinance the property .
I understand the purpose of the minimum 15 ' side yard requirement is to assure
adequate light and air between neighboring properties , to control density and to act
as a fire barrier . The present open , uncovereddeck , unlike a more substantial build -
ing or structure , does not conflict with any of these important purposes .
I have found a 1979 Multiple Listing of this property (marked Exhibit A) and it
clearly shows the deck . Thus , the deck has been in existence for some nine years .
During all this time , the Town never has had any reason to object to the contin -
ued existence of the deck . During all nine years , none of the neighbors most immedi -
ately affected by the presence of the deck has ever felt it necessary to complain to
the Town or to any owner of the property ,
Indeed , my examination of deeds in the Tompkins County Clerk ' s Office indicates
that all of the adjacent property owners purchased their respective homes after the
deck was in place , thus electing to purchase their homes with full knowledge of the
existence of the deck at 210 Eastern Heights Drive . Thus , it seems apparent that the
deck has never been a concern of any of our neighbors in Eastern Heights .
The deck was rebuilt in 1985 , as appears from the invoice of McElwee Builders
(Exhibit B) . I ' m told by William Brown , Jr . , the previous owner , that the new con -
struction maintained the original footings and dimensions . Obviously , Mr . Brown
chose a reputable contractor and paid a substantial sum to have a high quality deck
reconstructed adjacent to his home .
The existence of this deck was , to my family and me , one of the most attractive
features of this house . The view from the deck is magnificent ; at night , it ' s part -
icularly beautiful . I have no doubt that the deck adds significantly to the value
of this property .
Were I required to tear down this beautiful deck , in order to get the required
Certificate of Occupancy , this would be a great and unnecessary hardship . It would
diminish the value of my home , would deprive my family and me of the opportunity to
enjoy the uniquely beautiful panoramas for which we paid as part of the purchase
price , and would waste an $ 1 , 800 . 00 investment made only three years ago .
Without this deck , I would have serious doubts as to whether I would have chosen
to buy this particular house . I hope this gives you some sense of the value of this
deck to this particular house :
•
Y '
EXHIBIT 4
DAVID B. GERSH - ATTORNEY AT LAW - ITHACA. NEW YORK - (607) 277-3300
- 2 -
There clearly also are practical difficulties in meeting the strict letter of
the requirements to obtain a Certificate of Occupancy . What can we do , except to
destroy the deck , in order to meet the criteria for a Certificate of Occupancy ? I
did not erect the deck and had no knowledge of any problems with its location when
I agreed to buy this house .
In summary ,
a ) The variance requested is for a relatively minor deficiency , namely , the
deck is eight feet too close to the property line ;
b ) There are no other deficiencies with my house that would prevent the issu -
ance of a Certificate of Occupancy ;
c ) A Certificate of Occupancy is required by my mortgage lender and is important
for me to have should I wish to sell or refinance at some future date ;
d ) Granting the requested variance would not conflict with the purposes of the
minimum side yard requirements , such as interference with light or air , density or
fire protection , nor would it threaten public safety or welfare ;
e ) There is a practical difficulty in that the only way I can qualify for a
Certificate of Occupancy is to tear down the deck ; this would impose unnecessary
hardship because it would diminish the value of my house and eliminate an important
feature which was considered in my decision to buy this house and as part of the
purchase price I paid ;
f ) None of these practical difficulties or unnecessary hardships was created
by me ;
g ) The deck has existed in its present location for some nine years , without
causing objection or complaint by the Town or any neighbor ; and
h ) Granting the requested variance would also observe the spirit of the ordi -
nance and do substantial justice .
Thank you for your consideration .
•
y '
EXHIBIT 4
DAVID B. GERSH - ATTORNEY AT LAW - ITHACA. NEW YORK - (607) 277-3300
- 3 -
r , � Sua3Tl'— C T 1' � or' 4= �Cr1"
210 I.
ITHACA BOARD OF REALTORS MULTIPLE LISTING
11mTOR •
Dated 6/12/79 BCs YES A YES N YES Expires 9/12/ 79 ML# 790076I
Firm C . S . B/Affiliate # 110 Lister CSB PN 0 PF0100 /0 PF 5 %
Price $ 52 . 500
Location 210 Eastern Heights Drive
IL•hacva , New York
Bedrooms 3 Baths ( F) 1 ( 1 /2 ) Type RESD
Owner's citizens s i av_na Bar r .__
y Owner's Address 118 North Tioga Street _
„•. p lw ti. I Ithaca , New York
Home Phone
Business Phone 273- 7111
StYle Raispd Ranch Possession I mediat .
; . " •t ' , Town Tthaca SCh Dist np11A Shpr(t _135 _
AttorneyBank
Show: MLOCK ( x ) OCC (v )
Tenant -& Phone vacant Rent Lease Exp
Mto Bal % Yrs Left Escrow I & P
Assess / '' % S &C 27x . 91 Sch 542 . 14 CitYNil Spcl TOTAL 8 , 9 . 05
ROOM DATA
ROOM LR DR Kit Fam Rm Base Den BR BR BR BR
Size
A x X Area X Full X X X
Floors Hardwood Walls D/W
1
ROOM ARRANGEMENT
1st Level r.R+ nR , xi t , 7 nR, n 2nd Level
3rd Level Basement Parti a7l11 finishood fami ) V rnnm
SPECIFICATIONS -
Color Brown Age 1973 Siding Alum/cedar stakes No Porch Deck 12x24
Found P/C Gar 2 B-I Bldr Drive gravel Attic Scuttle _
Roof AIS Age - 1973 S &SC Combination Fin Sq Ft 1 , 056
Heat BMW gas Electrical 150 Ampo TOTAL COST
Hot Water_ Plumbing
Water pr,h i i c Sewer public
Zoning apS OS Why Sell Fiorpr ingurp
Survey Sign InsulationCeiling/Walls
Other Buildings Kit Cab
Stovef xf Refrig ( x) Disposal ( ) Dishwasher( x) Washer( ) Dryer( ) TV Cable ( )
Extra$ Stovp . Ref. Dishwasher
Tax Map Deed Ref Current Option/Row
LOT SIZE DIA RAM REMARKS AND DIRECTIONS
100 x 150 PMI financin
9 available to qualified buyer
I Dale Sold 2 1 79 _
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Price
Type Finance _vP1
Oats on Market
YVITIPLE LISTING SErVICE LIST :h3 Ea0kE4 SELL NG B�OkEa 4.40 04:NT ( o 640T :'ABLE 90p E"ZOAS TjOM ~__- - —•'--"_.. . _. ...
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i
PURCHASE OFFER
This agreement , made on May q 1988 is between William E .
Brown , Jr . residing at 210 Eastern Heights , Ithaca , New York ,
• hereinafter referred to as " Seller " ,
Joi nL ' Clukep OF to F'o , k"u 'i
and -" Douglas Quinn residing at Uptown Road , Ithaca , New York ,
hereinafter referred to as " Buyer " .
Seller agrees to convey , and Buyer agrees to purchase , all
of the following described parcel of land , subject to the
conditions hereinafter set forth :
DESCRIPTION OF PROPERTY :
Street Address : 210 Eastern Heights , Town of Ithaca , New York " '•.
Tax Parcel 657 - 1 - 8 . 104
TOGETHER WITH all buildings ( house and attached garage ) and
improvements thereon . The heating , plumbing , electric and
appliances shall be in good working order on date of closing .
The sale includes all fixtures on the premises , including
existing light fixtures , washer , dryer , dishwasher , refrigerator ,
and stove .
PURCHASE PRICE : The purchase price to Sixty - five Thousand Dollars
; 659000 . 00 to be paid as follows :
The purchase price shall be paid in cash or certified
check at closing .
SURVEY : Anupdated Surve will be paid for by the Seller .
SMOKE DETECTOR and CERTIFICATE OF COMPLIANCE Seller shall
Install a smoke detector as required by law prior to closing if
one is not already on the premises and in good working order . The
Seller shal de and pay for a certificate of occupancy or
1 of compliance _from the appropriate municipal official
p
CONTINGENCIES : I :
nt is contingent upon Buyer obtaining first
mortgage financi for 95 percent of the purchase price and
• rece v ng a written mortgage commitment within 20 business days
of the acceptance of this offer or this offer shall become null
and void .
his agree s contingent upon Buyer obtaining a i
contractor ' s . Insps� ti n-a- port satisfactory to the Buyer in the
46—diaZretion within 15 ' business days of the acceptance
of this offer or this offer shall become null and void . .
TITLE : Seller shall give and Buyer shall accept good and
marketable title , free and clear of liens and encumbrances and
tenants .
WATER AND SEPTIC : Seller represents to Buyer that the water and
septic are municipal .
i
FORM OF DEED : Seller shall deliver to Buyer at closing a Warranty
Deed , with the lien covenant required by Section 13 of the Lien
Law . Such deed shall be signed and in proper statutory form for
recording .
CLOSING : Closing shall take place on or about June 24 , 1988
in the office of the Buyer ' s Attorney or the Lender ' s Attorney .
APPORTIONMENTS : Real Estate Taxes shall be apportioned based upon
1
i
i
EXHIBIT 7 lip
the fiscal year for which they are assessed , and fuel and
utilities shall be prorated as of closing .
BROKER : Buyer and Seller state that no broker has been dealt with
in connection with this sale .
• TRANSFER TAX : At closing Seller shall deliver a check payable to
the county clerk for the amount of the transfer tax .
AT LEAST FIFTEEN DAYS BEFORE CLOSING , SELLER SHALL PROVIDE Buyer I °
with the following :
( a ) Abstract of Title starting with a warranty deed at
least 40 years prior to closing ;
( b ) Tax certificates showing taxes paid up to date ;
( c ) Last paid tax bills ;
( d ) Proposed deed ;
( e ) Updated survey .
INSPECTION : Buyer shall have the right to inspect the premises at
any reasonable time , with notice to Seller , between the date
hereof and closing .
POSSESSION AND RISK OF LOSS shall pass from Seller to Buyer at
closing .
MERGER : All prior understandings and agreements between Seller
and Buyer are merged into this contract , which completely
expresses their full agreement . This contract may not be changed
or cancelled except in writing signed by both parties .
THIS CONTRACT IS BINDING upon the distributees , heirs , executors ,
administrators , successors and assigns of the respective parties .
OFFER : This offer shall be accepted by the Seller by D . 00 /0.iN
on May ;;u , 1988 and if it is not accepted
be null and void . by such time it shall
AGREED TO THIS May a , 1988
Buyer :
oe
DOUGLAS (MINN
• Seller hereby accepts this offer and enters into this
agreement .
DATED : May O , 1988
Se ler :
^ D
WI LIAM E . BRO
j
I
j
2
. t
EXHIBIT 7
PLDENDUM TO PURCHASE OFFER
1 . Seller to provide buyer with title insurance
2 . Buyer to deposit $ 500 with the seller for use of key to house .
This $ 500 to be used towards purchase price at the time of closing .
3 . Seller to provide Buyer with . termite control inspection report
by the time of closing stating house has no termite problems .
Inspection by authorized termite inspector of sellers choice .
• This addendum accepted by buyer and seller as part of purchase offer .
Seller : Date :
Buyer : Date : U
Bu ! - /G c�z� t Date :
•
EXHIBIT 7
i
4
FORM 58334 N. Y. DEED—WARRANTY with Lien Covenant vUTBLANX BEOISTBeeO a B. PAT. orrrtt
�i TUTTLE LAW PRINT.PUBLISHERS.RUTLAND.VTO'}]OI
9 Blade the (-
September , Nineteen Hundred and Eighty-eight , day of
�PttttPPn
• WILLIAM E . BROWN , ! JR . of 1121 West 24th Street ,
Little Rock , Arkansas 72206 ,
party of the first part, and
DOUGLAS M . QUINN , of University Park Apt . E-1039
Ithaca , New York 14850 ,
party of the second part,
Mitntoorth that the part y of the first part, in consideration, of --------------
---------------------ONE AND NO1100---NOW....-- - Dollar
($ 1 . 00------)
lawful money of the United .States , and other good and valuable consideration
paid by the part y of the second part, do es hereby grant and release unto the
part y of the second part, his heirs , distributees and assigns forever, all
TRACT OR PARCEL OF LAND , situate in the Town of Ithaca , Tompkins County , New York ,
more particularly bounded and described as follows :
COMMENCING at a point in the north line, of the Eastern Heights Drive right of way ,
said point being marked by a 5 /8 " rebar" with cap and being situated 455 feet eastIr
..
erly along said right of way from the east tight of way of Sharlene Road ; running
thence along the north line of said Eastern Heights Drive right of way South 590
49 ' 00" East 100 feet to a point marked, by a 5 /8 " rebar with cap ; running thence
North 300 11 ' 00" East 150 feet , and along the west line of premises now or form-
erly of Leroy (Liber 577 of Deeds , Page ',', 583) to a point marked by a 5 /8" rebar
with cap ; running thence North 590 49 ' 00" West , in part along the south lines of
premises now or formerly of Burris (Liber 562 of Deeds , Page 951 ) , and 'Herzing
(Liber 615 of Deeds , Page 1012 ) 100 feet to a point marked by a 5 /8" rebar with
cap , said point aleo being 0 . 17 feet south and 0 . 57 feet west of an iron pipe ;,
running thence South 300 11 ' 0011 West , along the east line of premises now or
formerly of Lee (Liber 613 of Deeds , Page 236) 150 feet to the 5 /8 " rebar with
cap marking the point or place of beginning .
Said premises are shown on a survey map ' entitled "LANDS OF WILLIAM E . BROWN , JR . ,
TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK" , made by R . James Stockwin , P . L . S . ,
certified July 26 , 1988 , and to be recorded concurrently herewith .
Reference is also made to a map entitled "BOUNDARY AND LOT DATA MAP - EASTERN
NEIGHTS SUBDIVISION - SECTION 2 " , made by John S . MacNeill , Jr . , Licensed Surveyor ,
• dated May 7 , 1968 , as revised , a copy of which was filed in the Tompkins County
Clerk ' s Office on March 19 , 1969 , in Map Book F-7 , Page 35 . '
SUBJECT TO THE FOLLOWING :
1 . A right of way granted to New York Telephone Company for an easement dated
June 6 , 1967 , and recorded in said Clerk ' s Office in Liber 469 of Deeds at Page 454 ,
2 . A right of way for an easement granted to New York State Electric & ; Gas Corpora-
tion by instrument dated June 7 , 1967 , and recorded in said Clerk ' s Office in Liber
470 of 'Deeds at Page 288 .
3 . A right of way for a gas pipe line easement granted to New York State Electric
& Gas Corporation by instrument dated June 7 , 1967 , and recorded in said Clerk ' s
Office in Liber 470 of Deeds at Page 849 :
4 . The protective covenants which shall run with the land set forth in an instru-
ment dated March 25 , 1969 „ and recorded in said Clerk ' s Office in Liber '480 of
Deeds at Page 375 .
5 . A right of way - for an underground electric line granted to New York State
Electric & Gas Corporation by instrument dated December 15 , 1969 and recorded in
said Clerk ' s Office in Liber 485 of Deeds at Page 505 .
BEING the same premises conveyed to the grantor by Citizens Savings Bank by deed
dated and recorded December 10 , 1979 , in ,,.the Tompkins County Clerk ' s Office in
Liber 574 of Deeds at Page 876 .
The dwelling on the above described premises is known and designated as 210 Eastern
Heights Drive , Ithaca , New York 14850 .
J , IF
IF
;I
EXHIBIT ' $. :_ .
l�
Mogrt4rr with the appurtenances and,, all the estate and rights of the part y
of the first part in and to said premises,
(Do bane Bob to 4011 the premises herein ¢ranted unto the part y of the
second part, his heirs , distributees and assigns forever.
llnb said part y of the first part
covenant s as follows :
Nint, That the part y of the second part shall gWetly enjoy the said premises ;
Orroub, That said part y of the first part
will forever Warrant the title to said premises .
Chirb, That, in, Compliance with Sec. 13 of the Lien Law, the grantor will
receive the consideration for this conveyance and will hold the richt to receive such
consideration as a trust fund to be applied first for the purpose of paying the cost of
the improvement and will apply the same first to the payment of the cost of the
improvement before using any part of the total of the same for any other purpose.
Ja Wasoo Vlprtof, the part y of the first part ha Is hereunto set his
hand and seal the day and year.first above written.
,ln Presence of
WILLIAM E . BROWN , JR ,
i
ARKANSAS
Cfou�iugon� _ ) ee, On this _ _ ..- ------- --- day of September ,
Nineteen ;Hundred and Eighty-eight ,
before me, the su3scriber, personally appeared
WILLIAM E . BROWN ,' JR .
to me personally known and known to me to be the same person described in and
who executed the within Instrument, and he duly acknowledffed
to me that he executed the same.
Notary Public
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MIBIT 8
NOTE : /3LoCIC (orwPi r6pre
TO MAP 06 Yg;*ATFRK •VF.YM`S
SUBDIVKooiAl- SG�r. 2A By \aHN
S. MAcweuz, -%mc. , PC. FicED
IN MAP BooK r-7 P.w.E 5$•
10
BLOC< 30 Ler /9 BtocK 3, /,or
TTOI- 8.65 I $7.OI .8 •laG"
f/Fe21AIG(¢A) Bueels (P.O.)
61s/,N/L SGZ/9Sl
W/G4
rwD
Ke6AR SET r/8eEaAa
F0 17,
/axnloo.57' /, VV 00 '~ NS9' S/9- Oo"W
FAsr ar CoQ.
t 0. 35/x/ Acnes
/5,000
elocx 3, Lore JAStoat 3, Zor 7 0 Brx/c 3, Ilor S
57-Or - 8. /oS � � 8 57-01 - 8 ./03
4sr �R.o) LE Pvy Ce.D�
1 1 s»�583
7.C? t
DECK HGtri E th
No. z/O o
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Q•p� SHA QLEn/E 2D.'s. el
Feu./D VW Z4 BAR
EASTERN HEIGHTS DRIVE o.9
LANDS DID )AIILL /4h/ Ren ice/
LOTS , TOWN OF rraAnA - IRfPUTED OWNER 1 ,
� . ToM PIC/,VS COUN"tNEWYORK
F ° LI�'itao! 57 87G
t 1►O$RXBV AND THATFY THISHAT I AN A MAP CORRECTLYENSED LAND DELINEATED ANVACTUALNSURVEYI DNS $URV{Y �• ObI- I(7q
THE [ROUND 14CS SV ME OR UMDEA MY DIRECT SUPERVISIONTHAT IT WAG I R I -�-Sp SCAM1"e �1
PREPARED IN ACCORCANCi WITH THE CURRENT COO[ OI pfthh C[ IOP LAND .SR'�`— �/I/W�t�
TITLE SURVEYR pODAND By TM{ FOUND
YORK STAT[ ASSOCIATION OI ►ROI, dit&IM =NelII _'.e P/e .
LAN°ACROSS
AND THAT 1 104X0 N° V{S ISL[ [NCROACNNENTE [ITHE0. �yS. a VM
NAY ACRORR tOUMDAEP LIKES IRS 049CR7 t[O 7M THE
DDCUM[HIS 01 RECORD, COSDULTINOENDINELAD aLAND SU�YEYORD
NOTED EARA R ISCEIT AR ANDxx ASOV2, ALL VALID Or NI TNN MAi r,D,9OK al (71 NORTH WEST STREET)
WILL $[RFI R MjREO REAL AND AN ORI INKED Tun
NOWLRI NEW YORK 12077-0320
7 Z(p— PION! 307 -T{9-t$µ
AT 01 CERTIFICATION EI ATURE 1 R, GAME sT°CKYI PLO I JOB ND, Or /06"68
CERTIFICATION$ INDICATED HEREON SMALL RUN ONLY TO THE PERKO FCA -WHOM THE SUAV[Y IS PAC AREO,RMD ON NIR t[xAV f0 TMl TITLE CVORPAMYI
$OVEARKINTAL AO[NCV AND LEMDIM$ INSTITUTION <AND ITR ASSIGN ERI LISTED HEREON, CERTIFICATION t ARE NOT TRAN$F[RASLE TO ADDITIONAL
$$ENC/E$ OR INRTITUTIONS OR TO $UTAECUENT OWNERS, ALL RSVISIOMS MUST COMPLY WITH SECTION 7209I [USD, 2 01 THE N,Y,I, EDUCATION LAY,
•
EXHIBIT 9
1
1 • e
TOWN OF ITHACA FEE : 640 . 00
126 East Seneca Street RECEIVED :
Ithaca, New York 14850 CASH
( 607 ) 273 - 1747 CHECK
ZONING :
APPEAL For Office Use Only
to the
Building' Inspector / Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca, New York
Having been denied permission to UI V D 'SLI A17) '7 1 `rt 01—\
at Ll } i U u L 4 t�I E Town of Ithaca
Tax Parcel No . 3 — 7, -- Q as shown on the accompanying
application and /or plans or other supporting documents , for the stated reason that the
ssuance of such permit would be in violation of :
Article ( s ) M Section ( s )
of the Town of Ithaca Zoning Ordinance ,
11
the UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the
Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL
DIFFICULTIES and / or UNNECESSARYI, HARDSHIP as follows .
(Additional sheets may be attached as necessary . )
i
Signature of Owner/Appellant : EXHIBIT 10 Date :
Signature of Appel l ant / Agent : a. A ✓ Gy S r)57 �-bUqIZIV� Date : 5 � 7 ' C&� F�
PLOT PLAN
INFORMATION TO BE SHOWN :
1 . Dimensions of lot . 4 . Dimensions and location of proposed structure ( s ) or
2 . Distance of structures from : or addltion ( s ) .
• a . Road , 5 . Nanes of neighbors who bound lot .
b . Both side lot lines , 6 . Setback of neighbors .
c . Rear of lot . 7 . Street name and nurrber .
3 . North arrow . 8 . Show existing structures in contrasting lines .
•
• L7C� .4� TA-t, tfiC���
EXHIBIT 10
Signature of Owner/Appellant : Date :
Signature of Appel ] ant / Agent : ` (A ,OAI ( 6 �J�LJ(' f� Date : Sun
' 7 ( �j4' �
Charles F . Hoover Architect 411 Second Street Ithaca N . Y . 14850
607 . 277 . 1538
•
29 September 1988
RE : TRINITY LUTHERAN CHURCH ADDITION
No variance is being sought . Trinity Lutheran Church is
in a R15 zone and special approval is required for a church
or place of worship , as stated in Article IV , Section II ,
Paragraph 3 of the Town of Ithaca Zoning Ordinance .
The addition will contain a meeting room and two offices .
A storage room in the orginal building will be converted to
secretarial space .
EXHIBIT 10
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EXHIBIT 11
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is ..
PROJECT I.D. NUMBER 817.41 ,SEOR
Appendix C .
State Environmental Ouslity Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
•
PART I— PROJECT INFORMATION (To be (completed by Applicant or Project sponsor) .
1 . APPLICANT (SPONSOR 2 . PROJECT NAME
I
3. PROJECT LOCATI N: I -
Municipality TOWP O CountyJVMgtt.1jjq
4 . PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
5 . IS PROPOSED ACTrI—ON:
13teaWNew Expansion Q'Modificationlaiteration
8 , DESCRIBE PROJECT BRIEFLY: j
AIPP IT 10*(....( "1'e C�IJRGH T3Vi'; L.nI � CI . `i b II.IGl. UDE i }-R. SIDS (Zpp �
-TLu o A L.-`L� d.T,t oW of: AFD, n 1 t� 1 � �. a,�, a j%arz Sr.LIZETirtzt Al.�
vyt%.
7 . AMOUNT OF LAND AFFECTED:
' Initially acres Ultimately '� . 'IS _ acres
S, W�II.LL{ PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
NJ Yes ❑ No If No, describe briefly "
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
BResidential ❑ Industrial ❑ Commercial ❑ Agriculture 1 ❑ .Park/Forest/Open space ❑ Other
Describe:
i
10. DOES ACTION INVOLVE A PERMIT APPROVAL; OR- FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
❑ Yee RNo If yes, list agency(s) and permitlapprovals —
11 . DOES ANY ULI ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
Ely" No If yes, list agency name and permltlapproval .
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
❑ Yes ❑ No H • A .
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor
name: 6kthtLL�ee7 Date: � T
Signature: (i �lA'l� �i f7lr �rV
If the action Is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
12
EXHIBIT
a
_ ♦ r
A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF,
❑ Va INNO
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration
may be superseded by another Involved agency.
Yes ❑ No
7 C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible)
Ct . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly: .
See Attached
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
See Attached
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
See Attached
C4. A community's existing pians or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly.
See Attached
C5. Growth, subsequent development, or related 'activities likely to be Induced by the proposed action? Explain briefly.
See Attached
C6. Long term, short term, cumulative, or other effects not identified In C1•C5? Explain briefly.
See Attached
C7. Other Impacts (including changes in use of either quantity or type of energy)? Explain briefly.
See Attached
D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑ Yes No If Yes, explain briefly
PART III—CATION OF SIGNIFICANCE (To be completed by Agency)
INSMUCTIOIN& For each adverse effect Identified above, determine whether It Is substantial, large, Important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e, urban or rural); (b) probability of occurring; (c) duration; (d)
irrev*MMUty; (4) OsopraphtC scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanatbns corttaln-sufficlent detail to show that all relevant adverse impacts have been identified and adequately addressed,
❑
-Check this box .if you have Identified one or more potentially large or significant adverse impacts which MAY
occur. Then-VMCead directly to the FULL EAF and/or prepare a positive declaration,
I981 Check this Dox Ifou have - determined,y tie rm Ited, based on the information. and d analysis above n any supporting
documentation that a
t th e proposed action WILL NOT result in any significant adverse environmental Impacts
AND provide on attachments as necessary, the reasons supporting this determination:
2ENM HOARD OF APPEALS
Name of Lead Agency .
HEM AWN CHAIRMAN
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature or Responsible Officer in Lead Agency Sign re o Preparer ( I i er rom responsi e o icer)
Date
2
EXHIBIT <12
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a;. r 1r�''„ y Al''7• A i=( { - `5 Oq a ji WIM
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+ i ° Aigr J S1S x t t n} R tee a Ir . '� -
s . P ! 1 + { asg�),. = }.� yAy
.fr�E, .� ii Ad �F nth � A _ . l .Y . 1 �. et. / ixt { �'i • "' xlj. .. r . I �
31 } � f t a r
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r may I7 , t v . 1
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311 r , 1 � ; Sl r ! , 1
,, TT /•C � Y A ,'
f • ,Y> IA 'II , S 1 i - t �. r s ' .. , ra r♦ 1 r ♦ i,
iyy{{ jYpal rr , , f 'i . 11�7 ,i ! S ` �l A / r k 1 jtdlVVV rj` A ,A ire . .
A.
.'� A Iia . 1t11�i �Zt1/Yt`Lr`.tAwt',. y •4.. 11 _...�� _ .-... —tl„�— aY,R t tF^". .} t YI I 0
r rr dZ' .tx .Ik' , 'tt ( // s 1� {tir 'k L . ,i { SA # 1{P'T•i-. 't^t'({fit eA � r
+ Ai f til r ..11 _ ^e ' I}., . , 1 t t . R t ° JlA�f r s L {'� nJc rt dpldh #
I : i �lY rAA a �T_, d tN �1 -!a a c.. .i _�,�( .3r^ ' Jr .' I
it
fr lft l,ii Mx Luy'he-r$n Church �I, ,L�, ! t . � Al rt t {: fi / � a f ftVA >hA J3, �'B rq � Y� 't }a1•r � � h' ryLAr s. rY .J•P yf : N -.
1 { . { ri Ilyl1 1 ia 1 r ( . . sl� �' i" Y r ,
'1 Y.l p t . au : , 1. 1 t I. I ,, r r r ( 1 1 J
'l iAtfwc•rf ' ;,til r ; 1 : } tY i }'y ,i;' r �r�. `11 • f' . }� 1' 1 1 .. , r .. . ' ' . . rr{. t'' r it ' 'rrt r : . . i •
t'" ra 1Lr:F 4 r
Ari " ' A 41 Action is Unlisted
atV 1 {I r i . !
s� >„- � r, ':, 'r B , ' Action will receive coordinated
� , ; review ( Town of Ithaca
-1 10If' V Is rk,; Planning Board )
`��FAt L .rrr : t. ' 1A tart _t .
Y
��S�lald_s �iszn � dl �n_ anv ady ;�� effects _on , IG_ralizing
f.�sm_t�e�o l ��wing_
^ , — �eZe +sa`'t= Lj _ tas2� tAl . JAIL Sr=' y:�, l, v_dt�: i0 i, _a; I._t
�'_t'_ cii_'= = ll�i T�__' YS$ �' T, erAt
ii _ IS± � iu__r?3s t. ?
CIL
A! AIM
i6.A6 t _ P� 3 `�_pite7; la1_ -
AL
�QUl _ �s� xse 7 S 7
NO ta- 4ve .L ::1e 1 {p 'tet �. Y1t 1. 1. 1 ' `+. r: ' _ .� .-'. 1. 2
+ Clv J alv Cl �+ Gi i � �.l � � 1.% :! Cru } t.. vl l.: is1Sa
1 , 3925 + / - Sq , III 1 � . addition to an existing ci.urch . .. hercpAased
r
addition Weil ; O : ise e :lurch - related off ices &P cl ,i: t? E?
No expansion of tr, � church sanctuary sea `1, i , g Ca- paci ty is pro-:
posed .
944 aaricuitcralrche o
oa _" rlC 0r
other natural or cultural resources . or coramuzaty or neighor1lood
• character ?
No adverse impacts are anticipated : Trinity uutheran 'hurch
is in an existing suburban . residential area . No archaeological ,
s4 historic , or other natural or cultural resources. aare - =wn to
h` - _ , exist on the site . _
ti ; •,%
C3 , Veaetati on nr
fauna f i ah
- shellfish f i sh or wildlife
A . ft * l i species , siFtni f icant hab � tats , ;9r threatened or Brad �t� r�
PrA
, ' ti '' a ` species ?
,• t
No adverse impacts are anticipated . site of . : posed
, ti, addition , is currently a 'lawn area adjacAmt tpo -VIVarth.
C4____A_community ' s existing Dlans or �caic o�fiaia3lLr
" tlAr , }lzr :,r i �dOAted Or a chance in a7cP Or iriteriaity of ���� nr nthssr
i t' rt , ,m; �` Q, �' gA�dlnatural_ resources ?
No adverse impact on Town of Ithaca existing plans and goals
' as officially adopted., or measurable change: inland use intensity
is anticipated . The existing Trinity i��eraz '-Churcb is per -
mitted by Special Approval of the Zoning Board of Appeals . The
lot coverage as a result of the proposed addition will increase
from approximately 4 % to 5 % , which is well within the 20 % maximum
lot coverage permitted 1 .n the R - 15 Residence 7: istrict .
• A
P 1
1
1
EXHIBIT' 12`
{
t �.4r_ K r,#s.�.,k yf.i � . r 4� f- 4e ,t. .::'J '4 \,r¢ : 'Jt k i .. 6'7 .t, .. t ! -". a 't • + 5 ' N` 1 , } � d7 rY�"�JY ti rV+ :v�y-. `kr " i. 'hn(,4�.1' } Sr. �.
�, �,.�A . • :° 'yy A '�° � �' • . f ���+�`" ' 2i9,✓� I�Ifl s� . r y� t t w.::A' '1"'¢ �. � d'�.. r 4 'Z'.r'�°e t 4N�# �t v'1 '�� �
. � ;, r E• _ ,IIx} . i+ `"�! `�, xt4 r s '� st .0 ,�^,fl i J a 'k'!. `�v,� 1 ti w � `` > >. �' 4 !U, 'n.t;�';
J � r t �( � .� 3f {� "1�f' "Itl { � +�i .R• 4 a,� y r � i F�rg # '. y�^ ; r^{..
tvly� i C l i . .' 4 r .i,. _w . . tr .e *7 •.�- 'yr.N. � �Fik�!°.r /r.. !-' .:+ • . .
r r
Q•�ly } qr . +'{ Aa i} r . �yJJ ; ` � f ' . :.i � { y lFy ...l�` � ' e . ' � a . . . . tt nstt:'� .7! f .�l/llir �kr4 - ' .e_ cii>� IwfYi�f eU� Iti�i3t ' � -. L� �
Y h,Y� ti• . it 1 : ♦ � } i ! '' >. ! ry u ' ! , a a , 3. u! •i.k e f:de r .. '•4
aaA a
�1
$. 'e { •s �.�},, , .r, 1 ,yj *
N ' .• S'. t , , , _ f � ' , e., Y1. \ �ilJ f ( JIt 1"• ,,r? ' j-,
y yjr 1'r rdo- I7i� 1}r i r r . � .� t Il� tR ! ,#r rye � 1r t d. f# . '�d {61'✓ '!Fy tl 11H ' � �� i1 ,+. F3.i '
♦ J ti . Ja" j . t U 7 r! t : erg r. rr r n '
C,N_ �Tfi , None . ex ected �.. ;
p, Any Possible `iutue, eye"i pme t of, ahe , te
`subject to further - review by tlieti' Zoning Board of Ap= !
H -
peal Is
r;
QS . _ Long .term . sborl_tem -cumulativ'e'. or other ' effg8tj not
identified in Cl - U ?
r• 7 nit : �. .. ,
� Lld t Alauantity oz
ren -
-
l� lf U V .I C' yr .Jik:.rll .` . 1.1 : } W due tl} propo Jai d
� Qq.11 v1 'J �a .
=:.re j� ike�a.L�4- Q.h Yi...
C tEntial dyer c_' e_` Vi '" _ riirl6r t _ f pa+
None expected .
PAP.T III
commendatio
4 �x:egatve determination of envronmjntal sigaificaace .' is
- » � � : effi�B?lt8d, for the reasons stated above .
"mad Agency : Town of Ithaca Zoning Board of .Appeals
.' Rev ewer : George R . Frantz , Assistant Town Planner
. ' ew .Date : September 12 , 19 $ 8
JF
41
A 'en4
-Ir1'V
r 1 .
1 .
• - y
EK-IIBIT 12
Trinity Lutheran Church Addition - 1
149 Honness Lane
Report to the Zoning Board of Appeals
Planning Board , Se�ptembe 20 , 1988
ADOPTED RESOLUTION : Trinity Lutheran Church Addition
149 Honness Lane
Report to the Zoning Board of Appeals
Planning Board , September 20 , 1988
MOTION by Mr . Robert Kenerson , seconded by Mrs . Carolyn Grigorov :
WHEREAS *
1 . This action is the Consideration of a Report to the Zoning Board
of Appeals with respect to a Request for Special Approval ,
pursuant to Article IV , Section 11 , Paragraph 3 , of the Town of
Ithaca Zoning Ordinance , for a proposed 1 , 325 ± sq . ft . addition
to Trinity Lutheran Church , located on Town of Ithaca Tax Parcel
No . 6 - 58 - 2 - 4 , at 149 Honness Lane ,
2 . This is an Unlisted action for which the . Town of Ithaca Zoning
Board of Appeals has been legislatively determined to act as Lead
Agency in coordinated review . The Town of Ithaca Planning Board
is an is agency in coordinated review .
3 . The Planning Board , at Public Hearing on September 20 , 1988 , has
reviewed the proposed site plan , environmental assessment form
and review , and other submissions related to this- proposal ,
4 . The Town Planning Department has recommended that a negative
determination of environmental significance be made for this
action .
THEREFORE , IT IS RESOLVED :
10 That the Planning Board recommend and hereby does recommend to 1
the Zoning Board of Appeals that a negative -determination of
environmental significance be made for this , action . y
2 . That the . Planning Board , in making its recommendation to the
Zoning Board of Appeals , determine and hereby does determine the 1
following .
a . There is a need for .. the proposed use in the proposed
location .
b . The existing and probable future -.character of the
neighborhood will not be adversely affected .
f
`i
i
EXHIBIT 13
Trinity Lutheran Church Additioneoe: ;, t • - 2 -
149 Honness Lane :,, ; :, w,.z .
, ..
Report to the Zoning Board of Appeals
Planning Board , September 20 , 1988
c ® The proposed change is in accordance with" a , comprehensive,
plan of development of the Town . ell
3o That the Planning Board report and hereby does report to the
Zoning Board of Appeals its recommendation - that - the request for
Special Approval of the proposed addition to the Trinity -Lutheran
Church be granted ,
Aye m May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser ,
Nay atoll None ,
CARRIED . UNANIMOUSLY ,
Ar Ao
Nancy M . Fuller , Secretary ,
Town of Ithaca Planning Board ,
September 26 , 1988 ,
•
EXHIBIT 13 -
_ . _. ,. -
WWN Ur i iHALA rtt : $ 4U . 00
t< 126 East Seneca Street RECEIVED :
Ithaca, New York 14850
CASH
• ( 607 ) 273 - 1747 CHECK 3g )
ZONING : _
A P P E A L For Office Use Only
to the
Building Inspector/Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca , New York
Having been denied permission to I ticl
at L � ( hS Tows of Ithaca
Tax Parcel No .L � . _ 1 as shown on the accompanying
application and/or plans or other supporting documents ,, for the stated reason that the
issuance of such permit would be in .violation of :
• Article (s )
Section ( s ) S i
of the Town of Ithaca Zoning Ordinance ,
the UNDERSIGNED respectfully submits this Appeal from such denial and, In support of the
i
Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL
DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows :
C4dditional sheets may be attached as necessary . )
s� a c�fa
Che c mR � 1 a Nuc , CIO A-n P. �T 1 i, hotrits ea CzAk U Nk *I [ ke
'10 TJ s ccs v, t i t n 6
ops s t' c \ eco �c� �A Yl[ 3 60 l c I \e
Lv .144Q 0 :W ► w R \ ,1el)
• �ba u e2c '
Signature of Owner/Appellant . Date . �(� L
Signature of Appellant / Agent: Date :
EXHIBIT 14
� of
g2,\ rt ' eu .j i7 rt� �' \ tls . 51• s5 e Int . t i 7fC 'r , . . 1P I
s . ' / f 5t 6 \t fn r 58 �S; t 5 ��.r Ij4 �t ry I t \
. .c i . .. .:... . . _ ..,. y.�. .1 .J Y t iii s f 1 3 \-0 M \ n a W
•. ... . ...c .. . . . . . . r t • t• ;v 4: . tot fl ns t6 t k - r /4 PidYn � tt I'
.. r: r c
. •.J . t .. .h .... L ... ...t .v.-.-n � .. �27 .._-..a\.:.• .�•...\ ;fl)j,u.ri.. l..vW..I�:> �..1i.�i. SO4
S 5
� T
c
- - - -- - - - - FKI-BIT -14-- - - ---- -- - _ . _
,+ PLO.,,T�
RMATION TO BE SHOWN *
1; Dimensions of lot . 4 . Dimensions and location of proposed structure ( s ) or
�2 . Distance of structures from: or addition( s ) .
.. a . Road , 5 . Nanes of neighbors who bound lot .
b . Both side lot lines , 6 . Setback of neighbors .
c . Rear of lot . 1 . Street name and number .
3 . North arrow . 8 . Show existing structures in contrasting lines .
1A) J F F
� •, s �.J civ � -. � c� �,.. I Cn1e ,:, � ��
Jy � 30 o I
ri
� Ir
� c
�4 nCpp
I
I
S �
•
Signature of Owner/Appellant : Date : IC)
Signature of Appellant /Agent : Date :
EXHIBIT 14
J
_�� �- --ti-- --- --•-��l--Fps=-a -- - --- -- ---- -- -- --
�� 1 `1f�_.Q C'•��_ `. l fir✓ - ----- -�' - �-- - - - - ' - - - - - . __.--
i
--�1'\,�—��dh._\\� l�_'V�� Com\\_�\\c • _ — - --
1 Ic. _ Y - - - — -- ---
-
Ss
e_ CA e
� 22-y-
EXHIBIT�.
115 Franklin Street
Ithaca , New York 14850
October 3 , 1988
To : Town of Ithaca
Zoning Board
Subject : Foundation,
Subject foundation was in existence when we bought in 1969 •
It obviously had been in then shape for some time . It already
had water and xxxx sewer when we boukht property
Sttaart E Cobb
174 Calkins Road .
I checked with Ruth '' Inman who lived ''the hen we _�14 nhe
says it was there prior to 1950 when
there . Iarg ret T Uobb
Prior owners
I,
j
u
u
•
I
EXHIBIT 15
14.18.4 (2187)—Text 12
PROJECT LD. NUMBER 817.21 SECIR
Appendix C
State Environmental Ouality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM .
For UNLISTED ACTIONS Only
PART 1 -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
i . APPLICANT /S OR 2 . PROJECT NAME
eee
3 . OPROJECT LOCATION:
Municipality fft kN County
4 . PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., .or provide map)
• rT
Ll
5 . IS PROPOSED ACTION:
❑ New Expansion ❑ Modificationlaltecation
6 , DES RISE PROJECT BRIEFLY:
� 't 'tb�i� L' e ��•'1'N N �thC°ySt-'. 'S � R.' C� L� � t ��� � '�
7 . AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8 . WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
C] Yes Z No If No, describe briefly \
9 . WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? y,
Residential ❑ Industrial ❑ Commercial W Agriculture ❑ ParklFoiestlOpen space u Other
Describe: 1 �+ .
10 . DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY 'FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
❑ Yea KNo If yea, list agency(s) and permillapprovals
11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID .PERMIT OR APPROVAL?
❑ Yea ;6No If yes, list agency name and permillapproval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
❑ Yea ❑ No
I CERTIFY T T INFORMATION PIQVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Q _
Appllcant/sponsor Date: `
Signature:
Ile If the action is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
EX"f-IIBIT '
® P6B,T_SS_=_EnyirQr�msntal_Els.se,�:Smxn�:_. �_�h�lslraks�Elp,�a1
A . Action is Unlisted .
B : Action will not receive coordinated review .
ar.��.�g_�rom_th�_follQwing_
C1 . Existing_air_gii. ality,,.._slzrfac_e_nr_gXogndw_aler
guaii.t�_sr_s�entit�.�_�o i�_1_eVel- s�_e�i.et i ng_tre��.�o
patterns,_ solid_was. te_-pro du�gticn_ or_ disposal. ,_potential _Jor
srGsion,_dr al7ag`_or_f loo ing--Problen?s '?Not expe• Cted . : onS "iructlo n 1. s Virtually completed on
the sit e� . Uc-1lki 1s 11'.IJC C'4' :. 5 J, de. sac.. ♦ fCil' whlch no
v .1e - .l .. 11..' .: ':. ._ �. ~. .: 5� :�'� l. t�'. l�.a_ ..: t.}. . j � .L �.+ ��. p .:� C. :.:+ e n •
i.*, . vi r I.. ng Is =tv a irIaD e only 1. 11
the1. .LV U �7C- i d til 01 i'.{ ring Ohl J � 111E
J
Gil �; 1 1S .i" CJa 'd n '-T
y
I Jwr ._ �_+ 'l v'i '..: li S.. i.1. t: i •:7iJi'�� '.:� 1.6 - '. 'i l.. :i ... :'? C1 L1 L.1 ..(1... 1. !�. .L IS . J '.J r.{ j'.,r h:.�i
;"] l. trs� alLLi YI �J Ii _. ' .at lil lJ � j",• 1. .1 SS% ij• ,i �� '., `)1e.. �S: •'rvilw i c.: ant .
f.::
CZ _ 1.
T 311 i:. ; e 1 .,- ..; L: 3;kT.I;n olf the Septic syst %m for
t.. } it: S1 C; W 'J ltl Ili .i Ej
�" t� % ti' t; t7 ' ' t1C =_4 .}_ 1Ci=it u : " l a +•� ;ZcolOaiC ii }71StUl" iC
Ur C/ther•__ na_% uralor_ culturaiQ
_�' e.sources,_—cr_c mmunit
----�_y_or
neighbc- r oota _.characte .r
� --, ,iuoe of t1 e mixture of housing types and house
siting along Calkins Road and the amount of wooded land
_; all d adjacent : 'its , ;So Significant adverse
C3_ y'e etati. on or - fauna . fish , _shellfish or Wildlife
speci_es_ _significanthabi tats ,.._oj__.threatened_or_endanggred
ry ; rl
species or 1labit• ats are known that would be
udvrrsely pacted by this -- ction. .
4 AIMU .1t. e ���3 i3�?-P s"�n _er_ Qa��_ �
officially adopt' ed� or_a hange n_tztie_Qr_intens � t � of _usse
of lamed or thL. r natural resourcEs ?
- -o-- -, - -- ------ - -- _
Aeck.. 4_ tang 't �J tt, e Zvn ` : g Officer , -she property is in
violation or Article X _ V , Section. ? 5 , and Article V , Section
18 , of t: ;r1e. Zoning Ordinance , "
=QTc S" g:, ificant adverse impact to the environment is
eXpectf-:� . from the granting of variance and authorization for
the seLc' z_ w .-i�gelling . i _ne property could be subdivided into
tWC ' i G % :� S , eCt tJ C rcTt ?. i ?; y ca .:-d 'v'ariances as a possible
t. i°,g a '. on meas {.ire:a . E4ecal se of the 305 foot wide -
ir '' :1 � : _, f file parcel , no further development - of the 6 . 5
are �' �IIICEAi could occur without access
_ from an adjoining
•
C .;? pr ? ae , of t• }ie preexisting
tvTn nE w st Brie LI , may , in the reviewers
n . 30 f eet in height measured from the lowest
EXHIBIT 16
,
point at grade , { ox - from the basement floor elevation , - to the -
i .highest point on the roof . It is doubtful that the " 24 foot
height listed on the building permit application is
- -repres-entative 'of the 'height of , the total building': Because
of the sloping nature of -the site ( around 8 per cent at the
building ) no significant adverse impact related to' the
_
height - of the building is expected . _..
C5�. Growt hil_et�b ge .�uent_dev lupmen _gj_ re1 ated
a�t ��ities_ Zil�e �y� o_t�e_ ind�zcFad_b_�_�, ?e_ T propose actio ?
Not expected . Similar r4equests would require
sub E'. �, 1"ar, n-'.. e,4 :::W . 1� urtiivsi' de v' e opWT: e— i t o :L L,Ine property with
a CE S : T' i ` :'sl vi t. t1. 2ii i : , la ti � tinI : Ci .
eriaa'. lPS. 1 .! 4 '_..= ..L_ or otlh a r
:T
Gt141
. ..._�__..c.._': ' �_ . _si-.-��.�____'_'!_ . = 1, 1. ,... i ; 1 ` _ _.n._. :_' �...�[., r • ,- i •, -: T" P i imw "'rh'
Pn 4,
_ � _.. i — Z_.l �. l _ 1-_ ' 1ry� '_. �. � . • a J 'vE related
4 +
'7 .._�C1 ; vla _ _ _e i 12: cnjitenta1 3. 1.it ulCL, S ?
Becai SEs o . , lettersGi Su S
ppo ..`L � u bi711neighbors ,
bneighbors ,no controvtE.' r S I' i s e1, p ;; ctf:: d .
• EARI _IIT
A .iiF 1 . �. Y" �' acidri;tiriation G environmenta ! significance
yr
. S :t ? iC)n1i13triQc % ftJt : l .il. > acs" ? ol:l. . ri.1Ct1Ci1l 15 itlGStl
con",pletec , L. raf 'fic i:-ripact would be light , the configuration
and terrain o -f the property limit further additional
development.-. < n :the site , and no ' complaint:, s are known from
;leighoors . 1v ' is the Z ;inirg Board of Appeal ' s determination '
as to whet- 1. :. .r t''l_ e. granting of "variance or apecial
atith ^ riati rl doses any additional environmental impacts ,
and, as tC wheth''cr sutii`l iinpact {'flight DL? lessened - through-
-
SUL :% 1V .13.1 i ;.i an C• si. c eyard variance .
Lead Agency := I vPv,n of It haca Zoning Board of Appeals
1 GWY•� : iii. obt� Vpil. :" 1 .�a1711E
Review .Dawe : October 25 , i9V
,
n
- I
i
EXHIBIT X16
Oct . 5 1988
• 171 Calkins Rd . •
Ithaca , N . Y . 14850
Ithaca Town Board of Appeals
126 East Seneca St .
Ithaca , N . Y . 14850
To Whom It May Concern :
As George Sheldrake ' s neighbors we are happy with the
improvements he is making on his property at 174 Calkins Road .
Because of it ' s beautiful design and quality construction , his
home improvements will increase the value of all the property on
• our street .
Sincerely ,
i
EXHIBJjT 17
A
IA • ; '• '
/t
Fr
v _
- - - --- - -_. - - -- - - -__ - . - � .�.,o�.o•1�,. asp l 7 rf ��cwi �.Q . a►-�,��e-�. . �- _- . - - - --- - -._,�
-fes ^-� -Y�•. s .,r _
AO%104� t4
J
, 11
MwAor
Ir
• ' 704 am:am 44ugay. AOL OW110
r p
k tee OA . .
4006v% Nvw
cP4
IL OL
EXHIBIT 18
UIRMS HMWATTORNEY ■ 136 The Commons ■ Ithaca , N . Y . 14850 ■ (607) 277- 1916
• October 5 , 1988
Town of Ithaca
Zoning Board of Appeals
126 E . Seneca Street
Ithaca , New York 14850
Attn : Andy Frost
RE : Application of George Sheldrake
174 Calkiins Road
Dear Zoning Board of Appeals ,
I am writing with regard to George Sheldrake ' s variance
application .
I have lived at 178 Calkins Road for 2 1 / 2 years next to
George Sheldrake . The use for which George has applied for a
variance is a pre - existing , non - comforming u. se . The home that
• George is working on is simply the completion of the home he has
been living in for years . Therefore , there is no change in the use
of this property . The improvements that George has started and
wishes to complete will significantly improve the neighborhood . I
would cause a severe hardship both on George and the neighborhood
if a variance were denied at this time .
Thank you for your consideration in this matter .
Sincerely ,
i
J f oleman
JC : rds
enc .
EXHIBIT' 19
s s '
A .y
TOVM OF ffElACA
• 126 FAST SRUCA STAT
MWA, NEIN YORK
14UO
September 9 , 1988
Mr . George Sheldrake
174 Calkins Road
Ithaca , NY 14850
Re : Building Permit Denial
Dear Mr . Sheldrake :
On September 8 , 1988 , I met with you on Your
174 Calkins Road , Town of Ithaca Tax Parcel No . 6 - 33 �2erty located at
a building permit application , dated - August 29 , 1988 , whichohas discuss
submitted to my office .
The application is for the construction of two stories of living
space above an existing building . foundation which contains a dwellin
unit ( basement living space ) . Most recentl a g
above the basement living space, however , that was„ ' existed
removed tomakeway
for new construction . During our September
that constructio8th meeting I observed
n has already . commenced and that the outer s has been done shell
anan
some interior framing has been completed . . . Tniell l without--
issuance of a building permit and , therefore , is in violation of
Article XIV , Section 75 , of the Town of Ithaca Zoning , Ordinance .
Furthermore , the above -noted application for building permit is
being denied under Article XII , Section 54 , of the Town of Ithaca
Zoning Ordinance for the following reason :
iI
The property contains two separate dwelling structures and , as
such , does not conform with the requirements of Article V . Section
Of the Ordinance whereb a 18 ,
y parcel of . land may contain one dwelling i
structure only . This being the case Your" non- conforming " , rcel of land is
therefore , as set forth in the above noted Article
and Section , " no non - conforming buildingor
excepted as a'� *_h ^ r1 use shall be extended
building zed. by the Zoning - Board of Appeals . " So
g permit application proposes to extend a building thaince t your
located on a parcel of land that is used in non - conformity , you will
need to seek the authorization of the Zoning . Board of Appeals . A
Application for Appeal and a Short Environmental Assessment Form are
enclosed for your convenience .
Additionall
•
" legally " y ► it is not clear to me whether or not your land is
g y " non - conforming since , according to the records of the
Tompkins County Assessment Department , prior to 1981 the subject f
EXHIBIT 20
i
. 4
Mr . George Sheldrake - 2 - September 9 , 1988
•
parcel of land was described as having only one dwelling structure ,
and then , in 1981 the second dwelling structure appeared . The only
building permit on record in Town Hall for your parcel of land , issued
in 1981 , is for a " plastic greenhouse " . It is not clear to me when ,
or how , the basement apartment was constructed , however , it does
appear that there was existing , prior to 1981 , the remains of a
building foundation . Whether or not the pre - existing foundation was
for a dwelling , or perhaps for a barn , is uncertain , in any event , the
presence of two separate dwelling structures on the parcel of land is
not on record prior to 1981 , nor is there any record of approvals for
the second dwelling structure on file in Town Hall ,
Until you appear before the Town of Ithaca Zoning Board of
Appeals and obtain the " special approval " of the Board , your property
remains in violation of Article XIV , . Section 75 , and Article V ,
Section 18 , of the Town of Ithaca Zoning Ordinance .
Finally , should you obtain such " special approval " , you will need
to submit plans stamped by a New York State licensed architect or
engineer for the building permit application since the construction
project involves 1 , 800 square feet of habitable space .
In conclusion , I anticipate your appeal to the Zoning Board of
Appeals to be heard on October 26 , 1988 . Please submit your
application and the required information as soon as possible .
Should you have any questions , please feel free to call me at
273 - 1747 .
Sincerely ,
/,,�� f
Andrew S . Frost
Building Inspector /
Zoning Enforcement Officer
ASF/n f
enclosure
cc - Noel Desch
Henry Aron
John C . Barney , Esq .
•
EXHIBIT 20
-4'
• SEE v _a 32
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,
II
W -
2 . 2 I1
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II
66 .63 aC CLL- \ \02 4
. I 3.1 - ,>: 22 aC- \:." ---� c-- --� I '� t - ooe 2. 4
\ 52
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.ems\ 'e ��� , hZ s `_ aCCA a - I : / 2.14
: a
a 3. 2
X1, 1- i .— a _ -V 1g,
>
AC
94 K ,+ 22.49 nC CAL. i �, : 86
3.3 O � � ' y
. C 29 aC CAL E—a II
911\ ' Sit
io 0 !
GOOD
6
r 6. 1 AC I 4Lc1CAiC.37 AC.
C4C IF
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7
4. 2 F6LCCAL j 6:2263 01 AC 21
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EXHIBIT 20
j
r-.: i i iJ n � i ivT f ai swl.dR: X4. 3 � �►j►`
- TOWN OF ITHACA ZONING ^ ts@
BOARD OF APPEALS, NOTICEI Should the A�PPellant fail to
OF PUBLIC HEARINGSIP rpro`ve aklegal non;conform-
HE ITHACA JOURNALL
WEDNESDAY, OCTOBER - 26Ing� buildtng or use<a request
1968, 7:00 P. M. a F I for ;,gwanorce fromrsaid Arti-
By direction of the Chairman cle V,)Sechon�l8ihas been re-
at the Zoning Board of Ap queited t � ;^E
a��•�m�= peals NOTICE IS HEREBY � �d. Zomngg Board bf Appeals
GIVEN that Public Hearing 6.
willat said:gfime'i700m . ,
.
will be held by the Zoningand• _eatdvplace,} he `a[paper-
,
Board of Appeals of the Town ;a sonat s, in support of OEh, matters
S I L - - - 7 � ' '" of Ithaca nWednesday, Oc- or``gb)ectionsYthereto ' Persons
tober 26, 1988, in Town Hail, %moY�appear -by' agent' or in
G : r . . �' L � � ` �. 126 E. Seneca St. first floor, ' lr Person y y F°W > �� 'r:
— -_• '---_`- -- ' - : - • . . . . . ."- _. _ . _ . � e d.g�is :,; rear entrance, West side ), Andrews Frost
{ Q t6 �srl./�'�"F"^s 'fi t 7 / -
Ithaca, N. Y. , COMMENCING ;r, Building Inspector/
AT 7 :00 P. M. , ori the following � '
Zoning Enforcement Officer
1n ;: SANT ; tt:F.* �t` re:s: .ue* L^ I `� Cc , S•tate at ; "".vi l S � u matters. 'Yzlowri 'of .lfhaco
`� � ` ADJOURNED APPEAL (from ( " '" r7 #;y,ij%2731747
September 14, 1988 of C
) John
October 21� 1988 k r
_
e-= =• ct :sx tics ".
� . be Lt .-�= - --- _— __.. E. Roncich, Appellant, Mi- � ._�. _ ..- - - ----
_ . . _ .. _- -- - — choel J. Morusty, Applicant, -.1
requesting variance of the ie.-
1 :3IIt8� � >' 6: &IS-Mibi 9one11 , Paragraph - 2.ts of rl of the
he =l •-
d T� i -sJ� ca Jo:-;c� .� a gsb:ic' ;`,eK r- � iP ' F
Town of Ithaca Zoning Ordi - '_1 '
nonce, whereby only one resi-
It ". � a- �s•`i~3A1 : 'uL.a °. D'Jb � , a vi} iC1; the &mieXC YS a trUib dential structure on a parcel of
land, with up to two dwelling
units with occupancy by either -:�
� g� r ; `• tc �►_ yr 1 -? - two families or a total of three
unrelated persons in the en
fire structure, is permitted. The l
2�L�� r I Applicant currently maintains "
. . __. . . _. . __ ._ . . . _ ...._ '�—h-• . . . . _.. __— _ —. ___. . _. _ ��, -_- -, _ ,—• two residential structures,
each containing three dwell-
ing units, on Town of Ithaca
-•• - ••— . _ . ._ . . _. . _ .... __ . . . -` .. . . -� . ... .... .. Tax Parcel No. 6-25-2-32, . .
known as 845-847 Toughon' t
g� y r F ,^ 1 �] nock Blvd. , Residence District all
t<ib . t:i _ �__ S' F` ].'= ti - ; � ' , � . c tLceC if R- 15.
.. `. �: Gtr U '� tJ ►. �•V_ (� lr 1: . _ __. ... . .._ __.._. _. . .
APPEAL of Douglas Quinn. Jr. , ' .I
Appellant, David B. Gersh,
Of
. . .. ••.. iyti: c�. . . . Esq . , Agent,. . requesting vari- i
once of the requirement of Ar-
ticle IV, Section 14, of the
C -- ` . _. Town of Ithaca Zoning Ordi=
... ' .. i
-•- - - • - • --- -• - • .- . . _ _. . . . _. ____._. .. . . . . ... .. Hance, whereby a 15-foot side
yard setback of .a residential
• . s- structure from a property line
� �+ �# '== - g -tC n' "OZ w f.J'vr J:' � � . ` , _c __ • _ ,. _ _ _ __ _ .-• • , • is required. The variance re-
quested is 8 feet to permit o ',°
southwest side yard setback of ,
7 feet, for a single family" -`
dwelling with an attached
outside wood deck located at
210 Eastern Heights Drive,
aa
Town of Ithaca Tax Parcel No.
' 6-57- 1 -8. 104, Residence Dis..
}� �°, .✓ F 3 = t+� • trict R- 15.
APPEAL of. Trinity Lutheran
Church, Appellant, Charles F.
JEAN FORD Hoover, Agent, requesting "
Special . Approval under Arti-
Notary Public, State of New York cle IV, Section 11 , Paragraph
3, of the Town of Ithaca Zon-
No. 4654410 ing Ordinance, for a proposed
i . 1 , 325 plus or minus sq . ft. ad-
Qualified in TompkinsCounty /7/ dition on the east side of the
.lY� existing Church complex lo- -
Commission expires May 3f , i9 cated at 149 Honness Lane, ,
Town of Ithaca Tax Parcel No.
6-58, 2-4, Residence District R-
15. The Town of Ithaca Plan-
ning Board, at Public Hearing
on September 20, 1988, rec-
ommended to. the Board of
Appeals a negative determin-
ation of environmental signifi-
cance and the granting of the
requested Special Approval
for the proposed' -I., 325 plus or
minus sq. ft. addition . .
APPEAL of George Sheldrake,
Appellant, requesting the ou-
thorization of the Board of Ap.
peals, under Article XII, Sec-
tion 54, of the Town of Ithaca
Zoning Ordiance, for the ex-
tension of a non-conforming
building or use at 1.74 Calkins
Road, Town of Ithaca Tax Par.
cel No. 6-33-2- 100 Residence
District R-30. The Appellant
proposes to extend above an
_ existing building foundation
by adding atwo-story single-
fa
family residence, with said
parcel of land presently con-
taining a separate single-fam=
ily residential structure. Said
existing building foundation
presently contains a single-
family residence which is pro-
posed to become part of the
proposed two-story single-
family residence. Article V,
Section 18, of the Town of
Ithaca Zoning Ordinance per-
mits only one dwellina build_