HomeMy WebLinkAboutZBA Minutes 1988-12-14 FILED
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TOWN OF ITHACA
ZONING BOARD OF APPEALS
DECEMBER 14 , 1988
A regular meeting of the Town of Ithaca Zoning Board of
Appeals was held on December 14 , 1988 at the Ithaca Town Hall ,
126 East Seneca Street , Ithaca , New York .
PRESENT : Chairman Henry Aron , Eva Hoffmann , Edward Austen ,
Building Inspector/ Zoning Enforcement Officer Andrew
Frost , Town Attorney John Barney .
ABSENT : Edward King , Joan Reuning .
ALSO PRESENT : Evelyn Lane , Richard Lane , Donna L . Hofstead -
Duffy , Michael Morusty , John Stebbins ( WTKO ) .
The public meeting was opened at 7 : 10 p . m .
Chairman Aron 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 was the following .
APPEAL OF EVELYN C . LANE , APPELLANT , REQUESTING VARIANCE OF
THE REQUIREMENTS OF ARTICLE V , SECTION 19 , PARAGRAPH 2 , OF
THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE
ADVERTISING FOR SALE OF HANDCRAFTED ITEMS IN CONJUNCTION
WITH A CUSTOMARY HOME OCCUPATION LOCATED AT 333 WEST KING
ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 37 - 1 - 27 . 2 , RESIDENCE
DISTRICT R- 30 .
Chairman Aron read the Appeal as submitted by Mrs . Lane ,
attached hereto as Exhibit 1 .
Photographs were presented to the Board showing the property
and the location of the shop being used to sell hand crafted
items at her home .
Mrs . Lane addressed the Board and explained that what is
being sold is hand crafted items that have been made by her and
her husband on the property such as wooden bowls , jewelry boxes ,
etc . She stated that they converted one bay of a three car
garage into a display area . Chairman Aron asked Mrs . Lane if they
• are using that garage for manufacturing purposes only . Mrs . Lane
responded that that area is only being used for display and
storage . . She stated that they have a wood shop that is
separate .
Zoning Board of Appeals
December 14 , 1988
• 2
Mr . Lane presented to the Board a copy of a Notice of
Decision from the Workers ' Compensation Board stating his
disability .
Chairman Aron referred to a drawing that was submitted by
Mrs . Lane with her appeal . He questioned the size of the shop .
He stated that the law says you can have a home occupation within
a 200 sq . ft . area as long as there are no extra employees .
` Chairman Aron said that according to the drawing that was
submitted it shows a 12 ' x 24 ' area , which is more than 200 sq .
_ ft . He asked if this was an inside or outside measurement . Mr .
Lane responded that it was an outside measurement . Chairman Aron
said that if these are outside measurements , then they are inside
the law .
Chairman Aron asked Mrs . Lane what kind of advertising they
wanted to do for their business and what kind of hours would the
shop be open . Mrs . Lane responded that they just want to place
ads in the Pennysaver stating that they have these items and the
times that they might be open . She stated that they are going to
be open over Christmas and until the first of the year and then
again in the Spring . The times that the shop would be open would.
be mostly weekends and maybe some evening hours .
• Chairman Aron read a letter from Christiann Dean , dated
December 12 , 1988 and attached hereto as Exhibit # 2 .
ENVIRONMENTAL ASSESSMENT .
Chairman Aron read Part III of the Environmental Assessment
which was reviewed and signed by Town Planner Susan C . Beeners on
December 4 , 1988 and is attached hereto as Exhibit # 3 .
A motion as to the environmental assessment was made by
Edward Austen as follows .
RESOLVED , that the Zoning Board of Appeals of the Town of
Ithaca is the lead agency on the matter of the Appeal of
Evelyn C . Lane and that the Board makes a negative
declaration of environmental significance with respect to
same .
Mrs . Eva Hoffmann seconded the motion .
The voting was as follows .
Ayes - Aron , Hoffmann , Austen .
Nays - None .
• The motion was unanimously carried .
Zoning Board of Appeals
December 14 , 1988
• 3
Chairman Aron asked if there are any tools being used in the
building in question. Mrs . Lane responded that there are no
tools or equipment in that building , there is a separate building
where they make the hand crafted items . The garage is just for
displaying the items and for storage .
Chairman Aron asked Mrs . Lane to show the Board on the map
that was presented where the shop is located . Mrs . Lane pointed
out where the shop is and where the barn is that the items are
being made in . Attorney Barney asked Mrs . Lane . for the size of
the barn . Mr . Lane responded that it is a 30 ' x 40 ' barn .
Chairman Aron questioned Mrs . Lane on how often they intend
to advertise . Mrs . Lane replied that they think that from now
through March will be a busy time for this type of business and
then probably in April they will be traveling to craft shows and
they may advertise again then . She stated it will not be a great
deal of advertising , not on a weekly basis .
Chairman Aron asked Mr . Lane when was he declared disabled .
Mr . Lane responded that the permanent final decision was made on
May 31 , 1988 . He said that the Workers ' Compensation Board has
him classified as permanently partially disabled and the case is
. now closed :
The public hearing was opened . No one appeared . The public
hearing was closed .
Mr . Austen inquired as to the size of the sign that is on
the property for the business . Chairman Aron responded that it
is a legal sign . Mrs . Lane stated that they have a sign permit .
Mrs . Hoffmann questioned that according to Zoning Ordinance it
says that there should be no goods or products publicly
displayed or advertised for sale and yet Mr . and Mrs . Lane have
been given permission to have a signup , which is advertising in
a certain way . She asked for clarification on this matter .
Chairman Aron responded that that is true but that in years
past , the Town of Ithaca has allowed those who have home
occupations to have signs put up . Mrs . Hoffmann also questioned
the size of the building and she referred to the part of the
Zoning Ordinance that states the size is not to exceed 200 sq .
ft . She stated that the shop where the Lanes are doing the
actual work is 1200 sq . ft . plus the 200 or so sq . ft . that is in
the display area . She asked the Board if it doesn ' t have to
consider both of those areas . Attorney Barney stated that his
sense of it would be that the display area would be a partial
function of the performing of the home occupation and should be
• included in determining the 200 sq . ft . maximum . Chairman Aron
said that in that case the Board has to consider two variances .
Zoning Board of Appeals
December 14 , 1988
• 4
Mr . Frost stated that it was an oversight on his part , that
he was not thinking about where the products were being made when
we visited the property and took the pictures . Chairman Aron
said that according to the legal opinion that we have here is
that a display which is manufactured on the property should be
part of the 200 sq . ft .
Chairman Aron referred again to the map that was presented
to the Board . He stated that the drawing is very misleading . He
would like to see some proper drawings so the Board knows exactly
what they are talking about , rather than doing it by guess work .
Mr . Lane commented that the woodworking shop has been there
for years . Mrs . Lane explained that it has only . been recently
that Mr . Lane has used his hobby to make money by selling
handcrafted items .
Chairman Aron stated that even as a hobby , the 1480 sq . ft .
measurements are way over the limit that is allowed . Mr . Frost
commented that as a hobby ( and he has made this judgment in the
past ) , his impression as Zoning Officer is that 2 , 000 sq . ft . is
permissible because there are no restrictions for hobbies .
Chairman Aron responded that Mr . and Mrs . Lane are working on
• 1480 sq . ft . which makes it not a hobby anymore , but it is his
understanding that they did not know they could have only 200 sq .
ft . to pursue a home occupation which is allowed in that
residential neighborhood .
Chairman Aron asked Mrs . Lane if it would create a
tremendous hardship to her if the area of operation was cut down
to the 200 sq ft . , which is the legal area that is allowed ? Mrs .
Lane replied that yes it would and that it also would not be safe
to have people around the saws and tools that are used in . the
woodworking shop . Discussion followed on the floor regarding the
types of tools that are used in the shop and the amount of space
in the shop that is being used to store lumber , etc . Chairman
Aron stated that the Board needs to establish what is the used
area space for the operation discounting the lumber which is used
for other purposes . Mr . Lane responded that it is probably about
a 20x20 area . Chairman Aron said that when the Board gives or
does not give a variance , they have to be very sure of the exact
amount of space that they will allow a person to use so that they
can make a living but he cannot see 1500 sq . ft . , to him that is
a commercial operation .
Mr . Austen asked if the Board could get a scale drawing
showing the complete layout such as where the equipment is set
up , where the display area is , where the storage area is , etc .
• Attorney Barney suggested that the publication for tonight ' s
meeting was Just for the advertising request of the Lane ' s not
for a variance . He stated that obviously the Lanes were not
Zoning Board of Appeals
December 14 , 1988
i� 5
aware that a variance was an issue and he asked the Board if the
matter of the advertising could be settled tonight and if the
Board saw fit to grant a variance , that it be conditional on the
filing of an application very quickly in relation to the square
footage area with the drawings that the Board would require and
that could come up at the next meeting of the Board after the
proper advertising and the neighbors are properly notified .
Chairman Aron stated that he concurs with Attorney Barney .
Mrs . Hoffmann said that she does not think the Lanes should
be allowed to advertise in other ways since they have already
been given permission to put up a sign for their business . She
stated that to her that is advertising .
Mr . Austen stated that he cannot remember the Board ever
granting permission for media advertising for home occupations
and he would not want to set a precedent . Mrs . Lane explained
that once she and Mr . Lane get into the craft shows , they would
not need to do much advertising but they are too late for this
year . Chairman Aron reiterated that the Board has not ever
granted a media advertisement for a home occupation . He stated
that the Lanes should start going to craft shows and their
merchandise will be their best advertising .
Mr . Austen made the following motion ,
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
denies the appeal of Evelyn C . Lane asking for permission to
advertise , other than the sign which the Lanes have been
granted approval for , and be it further RESOLVED , that Mr .
and Mrs . Lane come back to the Board with scale drawings for
consideration of an area :variance with respect to the area
involved' in their home occupation .
Mrs . - Eva Hoffmann seconded the motion .
The voting was as follows ,
Ayes - Aron , Hoffmann , Austen ,
Nays - None .
The motion was carried unanimously ,
The next item on the agenda was the following :
APPEAL OF DONNA L . HOFSTEAD- DUFFY , APPELLANT , REQUESTING
VARIANCES FROM THE REQUIREMENTS OF ARTICLE V , SECTION 19 ,
PARAGRAPH 6 , AND SECTION 20 , OF THE TOWN OF ITHACA ZONING
ORDINANCE , TO PERMIT THE KEEPING OF HORSES FOR HIRE AT 340
• WARREN ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 68 - 1 - 2 ,
RESIDENCE DISTRICT R- 30 . THE APPELLANT PROPOSES , WITH
RESPECT TO THE KEEPING OF HORSES FOR HIRE , TO CONSTRUCT AN
INDOOR RIDING AREA IN A BUILDING TO EXCEED 15 FEET IN HEIGHT
Zoning Board of Appeals
December 14 , 1988
• 6
WITH SAID BUILDING BEING CLOSER THAN 30 FEET FROM A LOT
LINE . SAID ORDINANCE DOES NOT PERMIT THE KEEPING OF HORSES
FOR HIRE AND FURTHER REQUIRES AN ACCESSORY BUILDING TO BE
NO HIGHER THAN 15 FEET WITH SUCH A BUILDING HOUSING HORSES
TO BE AT LEAST 30 FEET FROM ANY LOT LINE . THE APPELLANT
SEEKS A VARIANCE FROM THESE REQUIREMENTS .
Mrs . Duffy addressed the Board and presented a proposal for
' Little Brook Farm ' ( attached as Exhibit # 4 ) and a drawing of the
proposed building ( attached as Exhibit # 5 ) . Chairman Aron asked
Mrs . Duffy how many horses there are presently on the premises .
Mrs . Duffy responded that at the present time there are no horses
there . She stated that her husband is a trainer of show horses
and a limited partner in the Asbury Farms Corporation at this
time but if the Salernos decide that they would like to sell ,
they need a place to operate out of . She said that she and her
husband are trying to secure their future a little bit on the
property they have now and are looking at a smaller operation .
Mrs . Duffy stated that they would like the variance , not
necessarily to use it immediately , but to know that they would
not have to be looking elsewhere for space and relocating .
Chairman Aron stated that there are two types of variances
needed for this project . One is a Use Variance , which means that
that barn would be used for a commercial use , the other variance
that the Board would have to consider is an Area Variance because
Mrs . Duffy wants to build an accessory building closer to the lot
line than allowed and because the building that is being
requested will be higher than allowed by the Zoning Ordinance .
He said that if the Board goes any further with the matter , he
will explain to Mrs . Duffy what the criteria is for both types of
variances so she will be prepared .
Chairman Aron read a letter to Mrs . Duffy and the Board that
was received from the Country Club of Ithaca , dated December 13 ,
1988 and attached hereto as Exhibit # 6 , and he read a statement
of a telephone call from Mrs . Virginia Langhans on December 12 ,
1988 , which is attached hereto as Exhibit # 7 .
ENVIRONMENTAL ASSESSMENT .
Chairman Aron read Parts II and III of the Environmental
Assessment to Mrs . Duffy as attached hereto as Exhibit # 8 . He
stated that since the Zoning Board of Appeals is the Lead Agency
they are abiding by this form which was signed by Mr . George
Frantz , Asst , Town Planner , and dated December 14 , 1988 .
Chairman Aron explained to Mrs . Duffy the difference between a
negative and a positive declaration . He stated that in this case
there may be adverse effects with the project as it has been
presented . He recommended to Mrs . Duffy that she contact the
Town Planner and fill out the Long Environmental Assessment Form .
He recommended to the Board that they adjourn the matter until
Zoning Board of Appeals
December 14 , 1988
• 7
the time that the Town Planner , together with the Zoning Officer ,
are satisfied that everything has been filled in on the Long
Environmental Assessment Form . Mrs . Duffy stated that she
understood the procedure .
A motion was made by Chairman Aron as follows :
RESOLVED , by the Town of Ithaca Zoning Board of Appeals ,
that the matter of the Appeal of Donna L . Hofstead - Duffy be
adjourned until Mrs . Duffy is ready to come before the Board
with a completed Long Environmental Assessment Form .
Mr . Edward Austen seconded the motion .
Mr . Austen stated that he is concerned about the size of the
property for which this project is being proposed . He said that
there is only 1 3 / 4 acres there and the Board did not approve
Cornell University ' s use that they requested for their riding
stable which was a very much larger property than that which Mrs .
Duffy is requesting variances for . Mrs . Duffy responded that she
thinks that the term ' horses for hire ' is really very misleading .
She stressed that there is not any horse for hire . They would be
boarding horses only on a very limited basis . Mr . Austen said
• that the project that is being proposed is even closer to the
residential area than where the Cornell polo facility was
proposed to be located at one time . Mrs . Duffy pointed out that
less than one - quarter mile from them , at the beginning of the
stream , there are 100 horses . She remarked that those horses are
outside while hers would be inside as she had explained to Asst .
Town Planner Mr . Frantz . Mr . Austen reiterated that she will
have to document very well the information in order for the Board
to look at it in a positive light . Mrs . Duffy stated that she
can appreciate that .
A vote on the motion resulted as follows :
Ayes - Aron , Austen , Hoffmann .
Nays - None .
The motion was unanimously carried .
The next item on the agenda was the following :
APPEAL OF JOHN E . RANCICH , APPELLANT , MICHAEL J . MORUSTY ,
APPLICANT , REQUESTING VARIANCE OF THE REQUIREMENTS OF
ARTICLE XIII , SECTION 67 , AND ARTICLE IV , SECTIONS 14 AND
16 , OF THE TOWN OF ITHACA ZONING ORDINANCE , WITH RESPECT TO
THE SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 25 - 2 - 32 ,
• KNOWN AS 845 - 847 TAUGHANNOCK BLVD . , RESIDENCE DISTRICT R- 15 ,
INTO TWO LOTS , SAID SUBDIVISION HAVING BEEN GRANTED FINAL
SUBDIVISION APPROVAL BY THE PLANNING BOARD ON NOVEMBER 1 ,
1988 , SUBJECT TO CERTAIN CONDITIONS . SAID SUBDIVISION , AS
Zoning Board of Appeals
December 14 , 1988
• 8
CONDITIONALLY APPROVED , CREATES ONE LOT 71405± SQ . FT . IN
SIZE WITH A FRONT YARD WIDTH OF 59 . 29 + FEET , A FRONT YARD
SETBACK FROM AN EXISTING DWELLING OF 16 . 5± FEET , AND A SIDE
YARD SET BACK OF 2 + FEET . SAID ORDINANCE REQUIRES A LOT
SIZE OF 15 , 000 SQ . FT . , A FRONT YARD WIDTH OF 100 FEET , A
FRONT YARD SETBACK OF 25 FEET , AND A 15 - FOOT SIDE YARD .
Mr . Michael Morusty addressed the Board . Chairman Aron
referred to Zoning Board of Appeals minutes from May 17 , 1966 ,
October 4 , 1966 , and November 3 , 1966 , which are attached hereto
as Exhibits # 9 , # 10 , and # 11 . He read references from these
three sets of minutes , and said that actually that property has
received two variances . Mr . Morusty stated that he thinks he has
asked for two more variances but that one request may have
already been granted .
Chairman Aron responded that where the deck is it shows 2
feet but the granting was for 5 feet . Mr . Frost stated that he
was very conservative when he wrote up the appeal . He said that
as he sees it at this point , the actual setback of the house on
the side lot is two feet , so Mr . Morusty didn ' t meet the
variance that was granted for the side yard in November 1966 , so
he is now looking for a side yard that would be 13 foot deficient
• or as it is now , 2 feet to the property line from the building .
Chairman Aron replied that he was granted up to 5 feet so he is 3
feet deficient . Mr . Frost stated that that is assuming , though ,
that Mr . Morusty ever had a 5 foot set back , which he never did .
Mr . Morusty questioned if that is from the actual building
itself or from the deck that is running around the outside of the
building for a fire escape ? Chairman Aron replied that it is
from the deck . Mr . Frost stated that it seems that when they
built that deck it ended up 2 feet to the property line rather
than the 5 feet . Mr . Morusty replied that the deck is a little
wider than the three feet that Mr . Aron had been talking about .
He stated that he thinks it is actually a 6 foot wide deck to
make it a little more practical for fire because 3 feet would
make it terribly small . Mr . Frost stated that the bottom line is
that the building is 2 feet from the side yard . Mr . Frost
further stated that the other aspect is that the lot that this
house sits on , when it is subdivided officially , is under 15 , 000
sq . ft . that is required , the actual measurement is 7 , 405 sq .
ft . + , so there has to be two variances .
The public hearing was opened . No one appeared . The public
hearing was closed .
Chairman Aron stated that the two variances that are being
• requested are for a 3 foot variance on the side yard and the
other is for the lot to be allowed to be only 7 , 405 sq . ft . +
rather than 15 , 000 sq . ft . Mr . Morusty stated that he
understood and he had no questions .
Zoning Board of Appeals
December 14 , 1988
• 9
Chairman Aron read an Adopted Resolution from the Planning
Board , dated November 1 , 1988 , as attached hereto as Exhibit # 12 .
Chairman Aron wished to point out to Mr . Morusty that this
document is only a recommendation to the Zoning Board of Appeals
and it does not mean that the Board has to adhere to it . Mr .
Morusty stated that he understood that .
Chairman Aron said that what the Board is considering is
whether or not Mr . Morusty should receive a side yard variance
for 3 feet and whether or not the Board should grant him an area
variance of 7 , 405 + ft . vs . 15 , 000 ft . , and a third variance for
the front yard width of 40 . 71+ ft .
ENVIRONMENTAL ASSESSMENT
Chairman Aron read Part III from the Environmental
Assessment Form , dated October 27 , 1988 and signed by Susan C .
Beeners , Town Planner , as attached hereto as Exhibit # 13 .
A motion was made as to the environmental assessment by Mr .
Edward Austen as follows .
RESOLVED , that the Zoning Board of Appeals , as Lead
• Agency for the Rancich/Morusty Appeal , declares a Negative
Determination of Environmental Significance with respect to
same .
Mrs . Eva Hoffmann seconded the motion .
The voting was as follows .
Ayes - Aron , Austen , Hoffmann .
Nays - None .
The motion was unanimously carried .
Mr . Edward Austen made the following motion :
RESOLVED , that the Board grants the variance for the side
yard on the south side of the building to permit no part of
the structure to come closer than 2 feet from the lot line
and further grants a variance of 40 . 71+ feet for the front
yard width , and also grants a variance of 7 , 595 + sq . ft .
for the parcel containing 7 , 405± sq . ft . , with the
conditions as amended that were imposed by the Planning
Board at its November 1 , 1988 meeting . The conditions are
as follows ,
• a . The reduction and restriction of the number of
dwelling units as proposed , including removal of third
meter and third kitchen in each building by June 30 and
• 10
July 31 , 1989 respectively , as stated in the previous
Zoning Board of Appeals minutes .
b . The provision of adequate screening or containment for
garbage cans in a location convenient for the four
dwelling units involved , and improvement of the
existing blacktop drive to include repair of the
westernmost retaining wall .
c . The connection to the Town public . sewer main by
December 1 , 1989 .
d . The amendment of the property survey to show all side ,
front , and rear yard setbacks to the main building or
deck , whichever is closer , such amended property survey
to be approved by the Town Engineer prior to the
recording of the final subdivision plat in the Tompkins
County Clerk ' s Office .
e . The approval of access easement and leach field
easement if necessary by the Town Attorney prior to the
recording of the final subdivision plat in the Tompkins
County Clerk ' s Office , such agreements to be in a form
acceptable to the Town Attorney for recording in the
Tompkins County Clerk ' s Office .
f . The receipt of a letter requesting the subdivision and
the related variances from the holder of legal title to
• the property .
g . At least one unit in each of the properties must be ,
for at least three years out of every five , occupied by
the owner of the premises , based upon the findings that
it is a mechanism to alleviate a longstanding problem
of having more than two large buildings on one lot and
that there is no other practical way of handling the
problem , short of subdividing the property and allowing
for smaller lots .
Mrs . Eva Hoffmann seconded the motion .
Chairman Aron stated to Mr . Morusty that it would behoove
him to go to the Town Planner or to the Building Enforcement
Officer and get a copy of the conditions because they will be
strictly enforced . Mr . Morusty replied that he understands .
A vote on the motion was as follows .
Ayes - Aron , Austen , Hoffmann .
Nays - None .
The motion was unanimously carried .
The last item on the agenda was the following .
• AGENDA ITEM . DETERMINATION BY THE ZONING BOARD OF APPEALS
WITH RESPECT TO ENVIRONMENTAL REVIEW AND DECISION BY THE
ZONING BOARD OF APPEALS WITH RESPECT TO ADJOURNED APPEAL
Zoning Board of Appeals
December 14 , 1988
• 11
( FROM OCTOBER 26 , 1988 ) 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 . 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 .
Chairman Aron read a copy of a letter from William S .
Seldin , Esq . , to Judge Wallenbeck , as attached hereto as Exhibit
# 14 .
Chairman Aron stated that Mr . Sheldrake has two buildings on
one lot and that is illegal . He would recommend that the matter
• be referred to the Planning Board for a subdivision subject to
any variances to come before the Zoning Board of Appeals .
Mr . Edward Austen said that this would be pretty tough to
make a subdivision because there is one building right behind the
other . Atty . Barney stated that he thinks the problem is that
this is a prior existing non - conforming use . He said that both
of the foundations have been there , as Mr . Sheldrake has
testified , since at least 1954 which is before the Town ' s
Ordinance , Chairman Aron asked the Town Attorney how can the
Town resolve the issue best . Atty . Barney responded that the
Board has to make a decision and notify Mr . Sheldrake of that
decision . He thinks the sense was to allow him to enlarge a non -
conforming use which is basically what Mr. . Sheldrake was asking
for .
Chairman Aron asked if it is in the footprint . Mr . Frost
replied that he is not sure how well the Town ever established
that pre - existing foundation , whether it was intended for a barn
or for a house . He further stated that Mr . Sheldrake is not
extending the footprint of the building or the existing
foundation as it was , he is extending the height of the non -
conforming building . Chairman Aron asked if a height variance is
needed . Mr . Frost responded that a height variance is not
needed , what he would need is a variance to have two residential
buildings on one parcel of land .
Atty . Barney stated that he does not think Mr . Sheldrake
needs a variance , that what he is looking for is an extension of
Zoning Board of Appeals
December 14 , 1988
• 12
a non - conforming use and that is what the notice also states .
Mr . Frost responded that he was not comfortable that Mr .
Sheldrake ever established the non - conforming use so he wrote it
two ways , one is a variance should the appellant fail to prove
the non - conforming use he is looking for . Mr . Frost stated that
his question is : was this pre - existing foundation intended to be
a residential building which he does not think Mr . Sheldrake
ever proved .
Mr . Edward Austen asked if Mr . Sheldrake would challenge the
decision . Atty . Barney stated that he thought we concluded at
the last meeting that if the Town prosecuted Mr . Sheldrake and he
pled guilty , and he paid a fine , that he would be granted Special
Approval to enlarge a non - conforming use . He said that he would
rather see it on that basis than on a variance of allowing two
buildings there because then if he ever sells them off , he will
have to have a subdivision application at that point , and if the
Town grants him a variance , he can sell them .
Chairman Aron asked Atty . Barney for clarification that what
he is suggesting is to extend the non - conforming use . Atty .
Barney responded yes , Special Approval to allow the extension of
the non - conforming use . Mr . Frost said that he remembers clearly
• that Mr . King said in the resolution that the Board would intend
to grant the variance as long as the Town sought prosecution and
the fine was paid .
Chairman Aron stated that he agrees with Attorney Barney on
the suggestion of granting Special Approval to enlarge a non-
conforming use .
Mr . Edward Austen made the following motion .
RESOLVED , That the Town of Ithaca Board of Zoning
Appeals grants special approval to Mr . Sheldrake to
extend the non - conforming building to allow the
construction of the first and second story of that
house , in accordance with the determinations as set
forth in Article XIV , Section 77 , Paragraph 7 , Sub -
paragrpahs " a " through " f " .
Mrs . Eva Hoffmann seconded the motion .
The voting was as follows .
Ayes - Aron , Hoffmann , Austen .
Nays - None .
• The motion was unanimously carried .
Zoning Board of Appeals
December 14 , 1988
i13
Mr . Edward Austen noted that there was no one at the meeting
to oppose this action and at the previous meeting people had
spoken for the structure being retained as it is .
THE NEXT MEETING OF THE ZONING BOARD OF APPEALS IS SCHEDULED
FOR JANUARY 4 , 1989 .
Chairman Aron wished to thank the Board members for all
their time and effort in regard to the Board and a special thanks
to Mr . Andrew Frost for an outstanding job as Building Inspector .
The meeting was adjourned at 10 : 00 p . m .
Respectfully Submitted ,
_
W 9:�
Connie J . Holcomb
Recording Secretary
Exhibits 1 ough 14 attached
• APPROVE
Henry Aron , Chairman
•
46
TOWN OF ITHACA FEE : $40 . 00
126 East Seneca Street RECEIVED ,* ,
Ithaca, New York 14850 CASH
(607 ) 273 - 1747 CHECK - O
• 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 S " � r� q „ , � r � i; To -yr
PrJ e lib C FROM i0vk A14yr OF OU4 C>r9!� CAE �S d&d�raA is W07yts JR 7c&M
ARN News�o� � r.. cccf ✓ee �.Siv® . z�
WA•` r,, " 1 )AJ LO 0 k A fie /17-A1 , TO tnAJ 6 Z4 t AM Ll P, A . lAg ,
at (!S33 klAJr. kogo L /C�57- Town of Ithaca
Tax Parcel No . (v - 3`1 _ � a7 , 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 ) _ SgctJon( s) 19 z
of the Town of Ithaca Zoning Ordinance,
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
DIFF C�M,ES and/or UBNECESSARY HARDSHIP as fol laws :
CAdditional sheets may be attached as necessary . )
leis n,r ) Z l-�A&6AJT
eJc S6511 CRfQE -- ="L/26T . z!;51AA870A, d, , ,
iiirkc i
.2/,G6 /.t>*a T/> SUB/79/T 1, ,46T tlo19 S A &&m4 67i f,Y/Fsyr >1c .tJ.�C'F55.S�P.�/�
NAS yZAR6 /Q oRi //
Qu IPL T07� k rdyX*5 d0AzWj!5: A 4 AP�iPDVi
I� l f f l 0112111 Tn P,01 220-M - 1A(N y
J
� TAYfS �
•
Signature of Owner/Appellant : C " Date : ,SOL
Signature of Appellant /Agent : Date :
OPL
INFORMATIOW TO BE SHOWN :
1 . Dimensions of lot . 4 . Dimensions and location of proposed structure( s) or
•2 . Distance of structures from : or additlon( s) .
a . Road, 5 . Nanes of neighbors who bound lot .
b . Both side Tot lines, 6 . Setback of neighbors .
c . Rear of lot . 7 . Street name and nurber .
3 . North arrow . 8 . Show existing structures in contrasting lines .
LZC- L
L
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f
i
i
Signature of Owner/Appellant : C "• &40e Date : 7 � a-
f
Signature of Appellant /Agent : v Date :
U10•� I[ O/ �— laxl 1L •
PROJECT I .Q. NUMBER 011.21 SEAR
Appendix C
• State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I— PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1 . APPLICANT / PONSOR 2 . PROJECT NAE
AIAr
S. PROJECT TION:
Municipality T� _ County p
1. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide ) _ _ -
�3 � Il d . we,
5 , IS PROPOSED ACTION: ??��,
❑ New CD Expansion Pj Mod ificatlon/alteration
8 , DESCRIBE PROJECT BRIEFLY: w6Ivows A) k/00jo Dr5eiQ/ Of lie )
F evirv�w 'TTjC'U'j'jey goers'
"T'lJ,emw '000/0 &&,*5 SvArgj5es
3 " Kier l�1 =2
7 . AMOUNT OF LAND AFFECTED: -
Initially _ __ (', acres Ultimately acres
8 . WILL PROPOSED�ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
11 Yes USNo If No, describe briefly
•
9 . WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
® Residential ❑ Industrial ❑ Commercial Agriculture ❑ Park/Fornblopen apace Other
Describe:
10 , DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FRDIM ANY 0T Ok GOVE1111116AWAL AGENCY (FEDERAL,
STATE OR LOCAL)? -
❑ Yes *No If yes, list agency(s) and permit/approvals
1
11 , DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPOWAL?
Yea ❑ No If yes, list agency name and Vwmit/approlrai
12. AS A RESULTkF ACTION WILL EXISTING PERM
ITIAPPROVAL REQUIRE MODIFICATION?
❑ Yes
1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE le TRUE T0'TW 1E :Cr-9VjG1
APWbantlaponsor n z5y ,� A,1 ,l ,C. A/11C Date:
signature: ,
If the action is In the Coastal Area, and you are a state agenc , complete ptets the
Coastal Assessment Form before proceeding with this assessment
OVER
LEGEND
NEW YORK STATE PARK LAND H = MOUSE
550 FT.
R. E . LANE
9. 1A N
THIS AREA TO BE LEFT AS IS E
w
Y
0
600FT RK
S
T
• LIFE LEASE TO ®� A
W. 1 P. SMITH T
` 330 F Te E
H
� UNOCCUPIED) P
BARN A
10FT- EE 100 R
K
Re ELANE 225FTo L
HEDGEROW 30 FT, HIGH A
ONE BAY
PRIVATE DRIvE D
12X 24 FT.
Di LIBERATO GI FT SHOP
RAY GARAGE
' 30 � T J, C , LANE
• H Go Fr H 275FTO H
220 FTm - RENTALS
25H � SMITH
/ 5OFn
r_
JUNE 1986 �NDTS)
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330 West King Road
• Ithaca , New York
December 12 , 1988
Mr . Andrew Frost
Zoning Enforcement . Officer
Town of Ithaca
126 East Seneca
Ithaca , New York 14850 ,
Dear Mr . Frost :
I received a notice that our neighbor , Evelyn Lane , had applied for a
zoning variance in order to advertise " the sale. :of handcrafted items in
conjunction -with a customary home occupation " . My husband and I think that the
Lanes ' woodworking business is an asset to the neighborhood , that their sign
is tasteful and appropriate for a quiet . residential neighborhood , and . that
they should be allowed to advertise in the newspapers . I am writing to express
my hope that the Zoning loard of Appeals will grant this variance , because I
won ' t be able to attend the meeting on December 14 to say so .
Sincerely yours ,
Christiana Dean
cc : Richard and Evelyn Lane
•
� �`az
PAR= --_Enmironmental Agz-e ament - .WQndera=LL- Wood
A . Action is Unlisted .
Be Action will receive coordinated review
( Tompkins County Planning Department ) .
C . Couidaction r&ault in any adverse Qf =ta on . to or
C1 Existing_air_qualitY , surfacoor groundwater
guality_or_guantitY.L._noise_ lev_els , _existing_traffic
patterns_ solid_waste_production_or_disposal._potential for
e r o sisn , d_rainago or_f iQsding_�oblema?
No major site alterations are involved . Traffic impact
is minor as a result of the handcraft shop . No significant
adverse impact is expected .
�2�_Aeath�ti4.�_agriQ�alt�a�ai��QhaQ.l.4giQ.a1..�_hi.�tQni�
or other_natural_or_cuiturai_resources1_or_coMmmUnity or
neighborhood_charactert
Because of size and location of the shop , located in a
low - density area , no significant impact to these factors is
anticipated . No local objections . to the existing permitted
sign are known .
• C3 . Vegetation orfauna fish , _ shellfish or wildlife -
speciaa . significant habitats , _or threatened_orendangerp
species ?
None would be impacted by , this action .
C4 . _A community ' s existingolansor.goals as
offi._cially adopted , _ or a change in use_ or_in e sity of use
of_ land or_ ot pr_natural resources ?
Shop represents a minor increase in land use intensity
on a large 8 - 9 acre lot with several dwellings . The plan
submitted shows no intention to develop the back portion of
the property abutting Buttermilk Falls State Park . The
proposed shop itself , as presented in the appeal , would
cause no significant adverse impact to these factors .
C5 . Growth , subsequent development , or related
a iyitiea_lik.QlYtSz.J22_induQadby the proposed action
Any further development on the parcel should be subject
to review . Any additional appeals of this nature on other
properties would be specifically reviewed .
Cfi� bones term_ahQrtta�m__.�umulativo , orother
elfaats _nQtidenti . ad_in..Qi-C.59
Not expected .
• C7 . Other_ im actstincluding changenin_use_of either
guantitY_or type of _energy ) ?
Not expected .
#z� 3
I
•
p, �Is_ h ,_or is here likmly_tQ be,.contrgygrsy related
tg.p.atantl,al adYap- Ylronmen s31_lIDPa.Qta.J.
No controversy is known or expected at the time of
review .
A negative determination of environmental significance
is recommended for this action based on the appeal and on
the small scale of the action .
Lead Agency : Town of °Ithaca Zoning Board of Appeals
Reviewer : Susan C . Beeners , Town Planner
Review Date : Dec . 4 , 1988
•
PROPOSAL FOR LITTLE BROOK FARM
Donna and Gary Duffy
340 Warren Rd .
Ithaca , NY 13205
( 607 ) 257 - 3368
INTRODUCTION : Gary Duffy has been a professional trainer of
horses specializing • in show hunters for fifteen years . He is
• one of the top horse trainers in the country , his sales have
been nationwide and , very sucessful in regards to " matching " a
rider to the proper animal . The training , showing , and sale
of show horses is all interrelated in this unique type of
business . Presently Gary is workingoutof Asbury Hill Farm
located in Freeville , NY . In the event that he . is no longer
able to have access to this facility for whatever reason , we
Ir
are trying to secure the future of possibly using our
11
property if the need ever arises . Our property is well suited
u
to carry on this business , the financial aspects are in line ,
the location is convenient yet isolated , and the farm has
always had horses in the past so wi11 th some tasteful addition
• it could once again be a " working " "farm .
OPERATION : The proposed barn that would replace some of the
• 1
existing smaller barns and outbuildings would have ten
stalls , wash stall , tack room and office . The riding area
would be enclosed as the area weather cannot be allowed to
dictate the trainingschedules . A limited number of stalls
would be available for local show clients to board their
horses . C In reference to variance request for " horses for
hire " ) .
The other riding area would most likely be a outdoor
ring that would serve as a turnout paddock as well as a
schooling area . Thus , the horses are ° allowed in their stalls
or designated riding area . We will fence the entire perimeter
of our property with four plank fence to assure that our
• neighbors , the Country Club of Ithaca , will never have any
unwelcomed guests .
Some extra parking would be available in front of the
barn , but this need would be no more than three or four
spaces . If for any reason there is an immediate need for
extra parking , the circular drive behind our house can
accommodate five to six vehicles .
The issue of sanitation is one that needs to be
addressed in two parts , the first is the immediate waste from
the horses . It is usual in barns ofilthis sort and location to
have a garbage disposal company to "sell a dumpater and
provide pick up service . We have contacted one company up the
• road from us and they would be willing to service us . The
second need is for our conversion from septic to town sewer .
We feel that this would be both for' the house and for the
barn area . We realize that the coat of this would be
considerable but for this proposal we see no alternative . I
was told the sewer line is about twohundredand eighty feet
from our property and will not be extended because of the low
population density on our road . In fact , we are very isolated
In this location , we. feel this isolation is key in asking for
these variances . The variance to build C In reference to
variance to build closer than thirty foot from property line )
would have very little impact on ourllneighbors . The existing
buildings presently exceed or are very close to thirty foot
height , ( In reference to variance for maximum of fifteen foot
• height for accessory building ) and they held horses for years
so there is some aspects of " grandfathering " in this
situation .
CONCLUSION : The need for these variances would be
critical in
11
the event the present situation changes and Gary needs to
relocate his horses . We feel the approval to have horses on
our property would protect our future . To have the peace of
mind that this is where we can stay : and raise our family and
not worry about selling and relocating would be the ideal . We
truly treasure our house and property and hope that we will
not have to leave it in order to have financial security .
•
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December 13 , 1988
Mr . Andrew S . Frost
Bldg . Insp . / Zoning Town of Ithaca
Ithaca , New York 14850
RE : Appeal of Donna L . Hofstead - Duffy - Zoning Variance
Dear Mr . Frost .
Until more information is presented on this proposed building , the
Country Club of Ithaca would have to oppose the construction by
Donna Hofstead - Duffy at this point in time .
Further documentation on various .aspects of the project would be
required for review at the Club ' s next board of directors meeting .
The Club has the following concerns :
1 . Is a fence proposed for the area surrounding the structure ,
and would horses be allowed to run freely outside of the building
2 . Would need proof of insurance coverage on horses for possibility
of property damage on golf course in the event of escape ..
3 . Proposed plan to alleviate odor during summer months
4 . Design of structure to be built
5 . Is structure primarily for indoor riding use , or would horses also
be housed on site
6 . Would stream running across property lines be used for any riding
or cleaning purposes
A response regarding these concerns would . be appreciated .
Sincerely ,
Mar H . Davies
General Manager i
• MHD / Ib
4 L
189 PLEASANT GROVE ROAD • ITHACA, NEW YORK 14850 • (607 ) 257-0010 TMA�A
December 13 , 1988
On 12 - 12 - 88 the Chairman of the Zoning Board of Appeals
( Henry Aron ) receiveda telephone call from . Town Board Member ,
Mrs . Virginia Langhans of Halcyon Hill Road which is located
a half mile from the proposed - horse boarding for hire facility
proposed by Mrs . .Donna Duffy of Warren Road .
The purpose of Mrs . Langhans telephone conversation with
Mr . Aron was to . . let Mr . Aron . be aware that she is not in favor
Of having horses boarded for hire in- a Residential R- 30 District .
She feels that this seems to be the beginning of a commercial
endeavor not related to a Residential District . '
Mrs . Langhans also - feels that the Board of Zoning Appeals
- . should not set a precedent .
/
� CA
7
1418.4 (2187)—Text 12
PROJECT I.D. NUMBER 617.21 SEAR
Appendix C
State Environmental Quality 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
,t)A1R g
3 . PROJECT LOCATION!
Municipality l t r= ffltAt, A County �
1 �
4 . PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map)
340 WA2 � Foo-ow ,
5 , IS PROPOSED ACTION:
❑ New ❑ Expansion odification/alteration .
8 . DESCRIBE PROJECT BRIEFLY:
&PACS Oc.DFfl t3heN,s w 1 � HEw 57 'UGrU S �yE o�� iU f7 FM
7b 7>T •y�+•N•ic1S �i�ivs
7 . AMOUNT OF LAND A FECTED:
�a
Initially 6
acres Ultimately acres
8 . WILL PROPOSED AAUON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Clu Yes No If No, describe briefly
Nee 1154; VAJe1AflJ64V j�iO2 AOL � S6G q. HA2 � � -- 1100.5-65 o4eZ
e ;91.,-r, Sa.y� w��
Oss1N ,Q� 13f� ds4 DLeJ.IJCz �S POT . £"XC'c.US1a94. y DU (Z. AIJ/ 14465,
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
❑ Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Park/Forest/Open space ❑ Other
Describe: S U R6Lf�v �•'�gD g i
fOoM FpOlAolg,
10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE
-,OAR ,LOCAL)?
�ee ❑ No If yes, list agency(s) and permlVapprovals
CO 614
11 . DOES ANY ASPECyOF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Cl Yes o If yea, list agency name and permlVapproval
12 . AS A RESULT OF PROPOSED ACJION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑ Yes ❑ No �JLA
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
nor r
)ate:
Applant/epo4 TU S
Signature:
If the action Is in . the Coastal Area, and 4u are a state agency, complete the .
Coastal Assessment Form before proceeding with this assessment
OVER
1
• ���_ II _ �nvirQnment��._��.eeemen�_= �PPea�._o�_�onn��n�_S��rY
Dnffv
A . Action is Unlisted .
B . Action will receive coordinated review . ( Tompkins County
Planning Department ) .
_��al�anti.Qn �alt _in_anx_ �r� e_nff s _4n� tQo "rizing
from the_fallaKing-
or_grgundkaat.er quality or
quantity,_noise_ levels , existing_tr1ffjc pattern , .aoJid.. ante
production_or d sPQsaiy_potenlia forerQsion . drainage :
The proposed riding rink/ stable building is adjacent to
Pleasant Grove Stream , which is listed as " protected " by the New
York State Department of Environmental Conservation . There is
potential for pollution from surface water runoff and soil
erosion into the stream from the proposed project . Any outdoor
paddock area , if constructed on the site , may also generate soiul
erosion and manure runoff into the stream .
There is potential for .adverse impacts on air quality in the
area from odors generated onsite . Such odors may affect a number
of homes to the north on the site. including two which are + / - 500
feet or less from the proposed riding rink/ stable building .
• C2a Aathe# ici._agriual , .4ic12eologigAl . historic . or
other natur4i_Qx cultural resources , or conity or neighborhood
character ?
The site of the proposed . riding rink is approximately 400
feet from a residential area . Establishment of an essentially
agricultural use in the area - - the proposed housing of up to 10
horses - - without the minimum setbacks required for accessory
buildings housing domestic animals under Section 19 , par . 6 ( 30
feet ) , or the minimum setbacks required under Section 18 , par . 8
( 100 feet ) for buildings housing farm animals , may have an
adverse impact on the character .of the adjacent residential area .
The scale of the proposed riding rink will exceed that of
existing surrounding structures , including homes . Allowing a
building of such size without minimum required setbacks may have
an adverse impact on surrounding neighborhood character .
The granting of a variance of the 15 ' maximum height re -
striction for accessory buildings under - Section 19 , par . 6 will
further increase the scale of the proposed riding rink and may
may result in further adverse- impacts on neighborhood .character .
Q . Vegetation_or fauna fishu_ahe11fish_or_wi1 1 ' e
s_Pecies, ignificant habitats , or thrmaten._or endngered
sPecieS ?
No.. information is available on aquatic life in Pleasant
• Grove Stream , or any potential impacts to aquatic life from
runoff from the site . No significant species or habitats that
would .be adversely impacted are known to exist on the site .
• C4 . �_c4mmunity '
nd�tesl�_Qr_�_oh�nga_in_�an�s�r_in ansity of gr other,
The keeping of horses for hire on the site may be incon -
sistent with existing community plans and goals for the area ,
which are generally residential , institutional and related uses .
The addition of the 120 ' X 70 ' indoor riding rink , covering
8 , 400 square feet of ground area , will increase lot coverage by
buildings to + / - 20 . 3 % , or more than double the existing + / - 9 . 3 %
building coverage , and above the . 10 % maximum lot coverage under
Art . V Sect . 22 of the Zoning Ordinance .
Granting variances from - the height and setback requirements
of the Zoning Ordinance , - based on the present appeal , may not
provide the adequate protections -. to adjoining property owners
normally expected of a zoning ordinance .
likely to be_induced_by the proposed action ?
Granting of the requested variances , especially the setback
and height variances , may limit the development of adjacent lands
owned by the Country Club of Ithaca for anything other than the
existing golf course uses .
C6 . Long termer short term cumulative�_or other effects not
identified in C1 - 05 ?
None expected .
C7 . Qther MT)acts ( incl.uding_chanas in use of either
guAntitror t.ype of enemy ) ?
None expected .
D. Is there , or is there likely to • be , controversy related to
potential sdv_erseenvironmental impacts ?
Correspondence has been received from a Forest Home resident
and from the adjacent Country Club of Ithaca with respect to
concerns about site use and the commercial nature of the proposed
stable .
PART TIS
A positive declaration of environmental significance is
recommended for the appeal as currently presented , therefore a
Long Environmental Assessment -Form must be submitted prior to any
further review of this appeal because of possible significant
adverse impacts . to local air and water quality , and to the
character of the neighborhood , due to the size of the proposed
facility and its operation .
• Lead Agency : Town of Ithaca Zoning Board of Appeals
Reviewer : George R . Frantz , Asst . Town Planner
Review Date : 12 / 14 / 88 //
`IN
IN
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IN
' NIN' ;' TOWN OF ITHACA :OF ' s . ,1' zaF' ��1f ,
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x, ` * ,, ( t ; _ f ": r ZONING BOARD OF : APPEALS NON IO �, :, , r`` ,l 3 .. t ��� ` h .
Sp `I INK, f ` ON I
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A .,I, IN I 1 y4Y kv in 1 1t ON.,t 3jf yl � r l t . 1 I 1. ` '•' I i 1f r' O} f .t+ 1 } h tlIN f. •i
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. . + <, _ A meeting of the Town of Ithaca Zoning Board of Appeals was III IN
l:
a ,i ` sj {�F � � �ON 1 held;. at the Q Town Offices , . 108. . :East Green Street , City - of c'�+' } . „_ �``� ,1IN
I` {s,
µYk , r_tiJOIN ON, Ithaca ' at . 7030 ' PoMo ori Tuesday , May 17 , 1966`®. ; : ; ON
"ti , - A , IN I
' Members of the Board present were : Chairman David . F . Powers ® .
tIN
I IN
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William So • Scott , iro , Roger . Sovocool , Zoning Officer Andy
IN. IN
I IN -1SoyringIN . . ON , .and Secretary Cheryl So Beninatio I IN
..
Also , present were Mro and Mrs ® . Go Ro . Livesay 1. 111
- IN,
LIVESAY APPEAL _ SNYDER HILL ROAD FIRST CASE IN
A ' Public Hearing was '' called to ' order at 7 : 35 PAM . Chairman _ y : ,
Powers explained to the. . members of the Board that MrA and S �' '' i 1
r , ` "_ ' Mrs Livesay had been denied a building permit to build aIN
JOIN,` , garage within 50 feet of the right of way of the road The
..,
4 It
IN
It
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r � h
ON 1members of the Board studied - a sketch of the property , with r lON
d �``
,! 'f e . •}
44'
the proposed garage , and . arrived at the following t
' \ t 4 G
,
ON F I NI
IN
• 1ONO FINDINGS ' OF FACT o t , y ' -. F N °4 r:
IN I INxa/ } ` 1 ® The denial of the buildin ermit arose throw h ` ' ' 1 :' NO
" i
i"hs . 1 r g P gC
�3 misinterpretation .of the Zoning Ordinance : - there r
T � � yCi i t 4 a .. \r 4•r rCf � a�/rt I14
��� °' was • no Town Zoning Office tY, f 2Y iNot` Fw
rat the time tri guide f the ,4a .
� 1NO
applicant" in applying for the building permitAT
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NttFryI IN -yrl t.•stay x I.i t . NO
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a 20 - At the time of application • for the building permit ; ,t " � NII-1 IA#Mj
t r arI i � 1 ,t
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4L III .; fix the applicant sdid not . know the width of the right " ' '
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Fr .>•- •xy xd l , N i . „` t . 0 i t J�} .{ fn {tk ajr , f tirrr
�.et,�',.t,- 1 1 �i'+ it p F highway p t U 4 ,f✓ s �f � A:; 7r J ^1 b' it yatti .
s it M1,... . J - IN I M1 '� *L lei f a .j''.rr(.f r•
} 9,y, f�•`L, .,1Iw5 'S ti r ._'. S , , ,, i r l�rY �! d + i 4Jt�' iYMiy�,j•,{ Sr,�+yd.,st' �..
0 way
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{' � ,: tTpori motion by Mr Sovocooly seconded by Mr ® Scott andrY ' : ` ' { '
IN
IN N�LN ��;']� < carried by unanimous vote , the findings of fact were tL} `,a�. ,'
y if i 7 . T i :.: 1 1 Y t ,� l '} O r f'
r ; ��7 "IN NNII;-�" wrc ; :`adopted - ' and ` the appeal granted o This public hearing ' was ' {. - , ,;t `' , '
° r� tININ-IIt j =w ; t adjourned at 7 040 P oMA Note ; No :persons appeared in =;y � IN
'
IN . wx 4 ; � opposition ' to the foregoing
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AN z Ga,$'"• rr1r�'i2a. 1.d, t. ' it > ® + , \
r,a,tIN NO
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k � ty r. , . � u . . .. i ,� L 1.' 'c tir, 1r:;K(G 4 F f `RI •••i i1
I - IN s ;- SOYRING ON
APPLICATION 847 TAUGHANNOCK BLVDIN
NO
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f. t,✓ ✓ � 4Y y. , qty � 1 r,sFt 1 F ^4i„P`y,ru
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�; •. Mr ;rS 7t• ift ` ECOND CASE ,1. Pi * , 6Tt.,iT f�. .Mlxv'exFfi.T:. :
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�'IN ti�l(V ze'Ir
3�r Yk >`4 ''` = A Public Hearing Was called to order at 7045 PAM ® Chairman ,��!$P ,�tz
1 . .I xNNO� Powers . explained to the Board members that MrA Soyring had ; : `: `
,,N INN been denied a building permit to build atwo-family dweLli �f � fi
4M �Y
P% it
rr'c on a one ®famil dI .
well ; `" lot o .+y5
x y lug As of May 12 , Mr A Soyring ' r 4 .'
N . , IN
made application for a variance to build said two—famil ` � `
:. y
r � 4� a dwelling and also 'for a set —back of 15 feet instead of 25 `' I N. I
If Y ♦ .f iYIN
J s, 3,ION , ° rarl feet from the road for said - dwelling , After studying , the Yi ' y � '� z •' :
brt . NNI: ;ilyt� "i ,'A` sketch presented by Mr . Soyring , the members of the Board "
IPIt • _ ' { � , ` arrived at the f ollowing o I. ` ``` 4ININ,
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'rr . n r i : !. l t (i1� 7p •'jk ' 1•
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I I k - t i} s 1 'rs ay Xrt� < r•, '
� b. J } , IF 1. If 4 . 1 I x! '�x J tfd.",�v. 4 li 4 Q. +, If .Ik
.' , ` .Y , I A, �'lr ti I r , L . . . / f'' t } .� y •: Y4 ht Ai?liiTri1l.'"!t.Ir sr i xu} q';� ,II Its T} Ikld T y '3 �:*?IM
Y+�° f ry r p. � t r y \ t LL a xJ L , t t� FIJ
,`'I, I ar y - ..`� f•' t f.t: ' c I ! ,S .t 1 - t t �'t}' !'S h},C tl.:i° 1JIF .r r„ rFI.'S•tl�'Its ,.;;..,�1T IIti rt}F iGlt,,, a ��3Yaj: r7 III1 . ;!,r
to I I L , r f )7 g E " " °w 1 : �,'.�c i � j4F I '1 +�', i�lth�- '41 '' , 3•i pR 'P 11 t AO✓F
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1 1 -y l ' } r� ' .Jt rsl. \} jl I x'� r I '• I.Jv 42G d . 1'1}.
i FINDINGS OF FACT o , 1 � If y } . 4 ' = ~' t � 44 � + r �� , � �,se, f, 4III t `
7 _ ° r - - r f r' r r sxL ltr7'y a p• s .,.R..l' �, rf a af•1.
) ' - r r - r - 1 f % ..s ,} rr4. 'f ;I) : �Y +' J r r,
i � . r. : j•'. , . ,•. : a . '4 . ' . F' ♦ i. t r r,nTgt"i'f,,. �". ) ji �w } tr`}na ) ?`r `fh pry'Q?t S?.r
1. i , f , s. ,. } t / ". '. t } . Y ".Nr# .0 } Y•< 'I . f^ t t ' I8'lfss . . � wF
s. ° i `- i - 1 . The set ®back request of 15 - feet is It .more :'L .I.the � Ili . w I OFF � s IF
f , ; - I :h , average set ®back to the north and south of this 4 }
n
3 '} a r 7 ' , •a r `ifi J J t i < } x Y- 3 r t I
r k + .r v n {. I, th rA € J pax, ,' > I It I, II. 4 r 'k ' 1 t .{r"-I (�§I II
ill. SF+ n J ' S1 < )i< we7isS r r' proper ty n lr _ tt Ile I.; I { yi IIt OF�-- J t9 q t , ' 4r la 'aft ;V�
OFF.FI, be NYI � f � 4P} IF 1. i rl II ! . O _ I i i •.11Y '�. IIt , , I 'L',`}rr�,i ♦ y t"f. t I it 1". !f eY y1 .l j} r if r` :f,'�S1Ol
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1 .. rw' t 0 Pilot
. .t a 1 { W } I, ' 1 ' J : t . IF f 14 l,l.y II: = X4 1 lri Vt , ,1. +% 1rMa F '7 f{ ;h{{. lr f y
g +. < I �. ' j,' .� - ,I F , Ir 4 I . r».,1 ` s l .1 tj io!�. 41 S f • f la je: F ^t
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=4 f : ? 2 ® . The topograp r - zs 1. difficult ` upon ' whioh toy iivaldv � „1 , ; � ,= x`� 1, � > "'
IF Oto t A + K I Ity7 } . t tii .a
At ; x C � -y rl" s
< v, OFF IF 'I because tie land drop $ off sharply to the ' east : `OF ; 1 rI 11 y , F.
r r 1 - n i ` w• . w. r41 I. f 4 i , . i ' : 1. r } SISI 9i[f}. ri t f
, ,e, r e `f i I. 4 , elx 4j`Y u H x i }
I �I Y' •.SILT f r Ii r i�T r . l - r y ,1F =;K ,7.r 1`I ^L•a } F, I._ sy,i}I } th FI :F ? � I Ft t� ;
t 'e[` ; h3 . . 1. 4} Iy,✓ I v 'r . .6r ' 1 • li ' . .f .l .. r.' - .. .. �. r_ai 1 3 .N. " ff�g 1 p.•p,,,. �4 c,w„a"t,.}f N`t � . }[t ;fit, { IA it/. W
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y,� OFF { -.'Isi r ` r L •. ,. oyr ng a fih i k 1 a (,1S r,rT . I , 1`11 IF i ryw,.
i" � 3 . Mro � S � i canno make a reasonableus o rh s aa4 �,J , {. 1 ' :
r 'Y " f y r
,ItOF; Ole- _ due to its peculiar size and shape• . ,F I tt ° ,. :rt . I ` „;I '`v
11 I It. I Y L j r 71 }t•, R. :I Y .
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4o The proposed rbuilding does comply with side line : .IP . : " Y ,
!. requirements and depth of lot o . . ' ,
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` -o. ' . ' 5 The combined . areas of the - two buildings will not _ iJ.
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It exceed the 20g� land use requirement .
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' ' ' 60 The proposed . building complies with . Seotion .. 68 ;1
of the Town .}I of Ithaca Zoning Ordinance . I � _ ,, ;„
i OF I _ , I !' : s r rw 3 t , + SI",3
. . . � , r `i. I ' , I , t
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? a There wil ] be ample parking spaces and there I 11 OF willX .; M ,:I' ' ;
t : 11be no traffic hazard created by the , building or OF - IFtot ' i'
I the proposed usem ; t
' 1 16 I iIF I� 1 I t x C JR. J 7 r . . w < s
L 'W. I r ' - '. : - '' r 4 I . i . 1 dp V . Lb.- .� s r l
IF
` t 8 ® The rproposed building is a . two ®family dwellin� 0II; {; , 4jr ,, ` 'k1,, ;{ :,L
• F .
1. . , ,,.\ Y . _ -. , " :. rl r + . t" f t t 'i t iF.t v (� 1
f IIpon moti ®n by , r' < . a I I . Y . ' 'j ~' ' .0]{ ;J:" , I 1 „. . I I .I jt4 .L
A. Mr . Sovocool , ' seconded , by ` Mr ®I IF , Scott•- IF
11
and..;• • t,lw a ,OF II , k tf
I.
carried by unanimous . vote ; it., was moved thatI the ,:, findings ofIt
fact be ' adopted and that a variancs _• be granted to'. build ahe , III I
•
r r �. 7 proposed .. building ' . and that the wbuilding - .be ' built tno : less than = s` " <i' ,4
4Le 1 fee } • Jli`
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IF
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r ,"+ t, r 5 t ,: froffi .: the right •. of= way::. line .I °„ NoteeINo - persons , appeared =<}cr I 1.rvY�'f .
$ ° " : in ' opposition to the foregoing `® }-:' r', , s ; .11 Air tr.lI 1,olk , <� xAfiIll PIII t1' -` � �fI. .�, � ` ` 4 . � 1' fO
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1 -$ _ This • bearing was '' ad ourned at ' 8 e 00 . 1 .� ° :� k r t.� t ' r . rit , r ; I. Ft I
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3, 7tsk�t ,F b . 3 IV tit NI V. .y 4 r J < . �., �r • , \.n F...I f f .i« t'i` ;. Cherly S - Beninati t •SI b s -t ci
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build a porch-like fire escape . Topography , peculiar to the,
area , requiree he location of the fire escape 5 feet within
the aide yard requirement . This porch would be an open '
p landing with a rail 3 feet from the base of same . Said .,
porch would improve Are a. proteotion and also improve ingress
and egress,.
However , after sxamination. of the sketch on the rear of Mr .
SoyrinCe appZleatfoa, it was noted that he altered the
P location of the ' house as . it was originally shown on the
Plan submitted with hie building permit . It was pointed
out to Mr . So ;
Trigg that he should re -apply to the Zoning
Board with his . revised plan .
Thia meeting . van adjour'ned at 8 : 30 P . M .
?5 f
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R . Respectfully submitted ,
Cheryl S . Beninati
Secretary
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Rancich / Morusty Two- Lot Subdivision - 1 -
845 - 847 Taughannock Blvd .
Preliminary and Final Subdivision Approvals
Planning Board , November 1 , 1988
•
ADOPTED RESOLUTION : SEQR
Rancich /Morusty Two - Lot Subdivision
845 - 847 Taughannock Blvd .
Preliminary and Final Subdivision Approvals
Planning Board , November 1 , 1988
MOTION by Dr . William Lesser , seconded , by Mrs . Carolyn Grigorov :
J
WHEREAS :
1 . This action is the Consideration of Subdivision Approval for the
proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 ,
located at 845 - 847 Taughannock Blvd . and containing two
residential structures , into two lots of 0 . 37 and 0 . 17 acres ,
respectively .
2 . This is an Unlisted action for which the Planning Board has been
legislatively determined to act as Lead Agency for environmental
review of the proposed subdivision . The Zoning Board of Appeals
has been legislatively determined to act as Lead Agency for
• environmental review of the requested variances .
3 . The Town Planner has recommended a negative determination of
environmental significance , subject to certain mitigation
measures .
THEREFORE , IT IS RESOLVED :
That the Planning Board , acting as Lead Agency in the
environmental review of this Unlisted ,action , make and hereby does
make a negative determination of environmental significance for the
proposed subdivision .
Aye - May , Baker , Grigorov , Langhans , Klein , Ken erson , Lesser , Miller .
Nay - None .
CARRIED UNANIMOUSLY .
* * * * * * * * * * * * * * * * * * * * *
ADOPTED RESOLUTION : Rancich /Morusty Two - Lot Subdivision
845 - 847 Taughannock Blvd .
Preliminary and Final Subdivision Approvals
Planning Board , November 1 , 1988
• MOTION b Mr . David seconded Y Klein ,, by Mr . James Baker :
Rancich / Morusty Two-Lot Subdivision - 2 -
845 - 847 Taughannock Blvd .
Preliminary and Final Subdivision Approvals
Planning Board , November 1 , 1988
•
WHEREAS :
1 . This action is the Consideration of Subdivision Approval for the
proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 ,
located at 845 - 847 Taughannock Blvd . and containing two
residential structures , into two lots of 0 . 37 and 0 . 17 acres ,
respectively .
2 . This is an Unlisted action for which the Planning Board , acting
as Lead Agency for environmental review of the proposed
subdivision , has , on November 1 , 1988 , made a negative
determination of environmental significance .
3 . The Planning Board , at Public Hearing on November 1 , 1988 , has
reviewed the Short Environmental Assessment Form , Property Survey
dated October 6 , 1988 , and other application submissions .
THEREFORE , IT IS RESOLVED :
1 . That the Planning Board waive and hereby does waive certain
requirements for Preliminary , and Final Subdivision Approval ,
having determined from the materials presented that such waiver
will result in neither a significant alteration of the purpose of
subdivision control nor thepolicies enunciated or implied by the
Town Board ,
2 . That the Planning Board grant and hereby does grant Preliminary
and Final Subdivision Approval to the subdivision as herein
proposed , with the following conditions :
a . The . reduction and restriction of the number of dwelling
units as proposed , including removal of third meter and
third kitchen in each building by August 1 , 1989 .
b . The granting of variances _ by the Zoning Board of Appeals
with respect to Article . XIII , Section 67 , and Article IV ,
Section 16 .
c . The provision of adequate screening or containment for
garbage cans in a location convenient for the four dwelling
units involved , and improvement of the existing blacktop
drive to include repair of the westernmost retaining wall .
d . The connection to the Town public sewer main by December 1 ,
1989 .
e . The amendment of the property survey to show all side ,
front , and rear yard setbacks to the main building or deck ,
• whichever is closer , such amended property survey to be
approved by the Town Engineer prior to the recording of the
Rancich /Morusty Two -Lot Subdivision - 3 -
845 - 8.47 Taughannock Blvd .
Preliminary and . Final Subdivision Approvals
Planning Board , November 1 , 1988
final subdivision plat in the ' Tompkins County Clerk ' s
Office .
f . The approval of access easement and leach field easement if
necessary by the Town Attorney prior to the recording of the
final subdivision plat in the Tompkins County Clerk ' s
Office , such agreements . to be in a form acceptable to the
Town Attorney for recording in the Tompkins County Clerk ' s
Office .
• g . The receipt of a letter requesting the subdivision from the
holder of legal title to the property .
h . At least one unit in each of the properties must be , for at
least three years out of every five , occupied by the owner
of the premises .
Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller .
Nay - None .
CARRIED UNANIMOUSLY .
i
Nan y M . Fullerr Secretary ,
Town of Ithaca Planning Board ,
November 4 , 1988 .
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• ART�aII vironme _ . .
:- rP - _Eu �s�.l._8� m��.=�n�3.�hlMorusty , -
"" "P.�oAos �_Subdivisio ' • - µ ,>T .:- �"��
lt�. � `.Lil_1bC�r��y�MdldA.YL.Ii�L�ffi.eYL�i � . . ,s •,.� fn, *.. k - .
f A .; Action is Unlisted .
7,V B!.~ . -Action wi -11 � receive coordinated review . : ; , • :_
5 -. Could action result in_��1Y�3SiY �e g " ects on .. to " or
a:a7 15e__ a. Cve1 = - t_XiStii7g--il �i , LiC
tter
,''; 7 i.as vE: Z t} a "2Q T. 3, L, teiltlA ;• J
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lie.
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1. � �_1 � ' :. Ai a .., , �l Ci,•
dCkilC w1 cur . uu li .` if viii ) YvQ ��
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i �4Jt ti% C': UJ � �a iV �. ..: : a .. - .a V �. L• ia ..: 11 L,t viiC� _ lv . .., ..i l_ i. •-1 c„ G .�i
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1 ` ' IP, ' 1 7 w � + .L siIN
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i 6. J.. . II . . : ,a C. �: �., aa i. � C: i.+ .� .ai •Ji ::% Cii; C_ 1 . vJ li iiv � JJiX �.
� ;1OL ld v < rL" O "v i tY' Cr tJ ;; i .i: ii IN � � 1 :1 ,
Y71Lia � 1 : C .� ii�: l �: lam :. i. pili LV Y'% �J '� N ,:a i �. a. ii � J j-1 +.:.� I. Ll_} t {J S. JL�- Used
a ,
site impro 'y'eme .11ts , a14a �:• triC .t y rOj� � I- y" :i. anag Ti nt of any
owner - occupied c : r :- ntai units , n0ca ;lt adverse
• imlpact to t ,: e3-e If erI I
There have been comlplairit $ as to the management and
upkeep of the prcper ty . i; La ar•pl Kant presently proposes a
reduction inCJ : C: ,1 lllil ' inns from v to v in
each buiidir:g , Giil : C: i%3r c, i ; yrovemets to he property .
-' Subject to cor.:pliance with a I i requirements , no significant
impact to 11 a c.
V nese t `~. � _% 1 J L s e .lrec_ - ed .
_... I ACO3 «'eg t ; ,, r _f sh . _ sk elfish or wildlife
peCie ? 1Sni. 11C � re��i_, enpd r_"d
anaered
J Pe. C _Le 77 ?
Not nriOWn or expected .
Y- -S�ii_ � �f� i_` ��.�-L_ C—'.• la ...�� � li' l�' F) l al s — V L.) `as as _
�_. ._c' teu _ia2uhQ2:_lI1IIsity of us
i m {_. :1 .� ..- v % .Z educed and
zestrictec.{ .
A V� �. : : % c3 5,' • ; � � _' c: : t � l �, ?j '� : e z
4.j14 .L & 1g BOi3rd of Appeals
On SEytcIl:: E 3:' Or �. ;lt ' 2 41 involve
- ' S' •:: f � ncies d in
i n e
carr -.I,
• - .. .. -. . :.. ' dr : a proposad for
Fa �
. � . 0l 'Z:1 ..
�iOrl .�] idera� - i C. a. .. y" . . ml, %v' :. t-, �, -1 _ � .0
oz-, i. h1. s site .
6 #/V
,
S ' IS (, 1. ' _t ht' s •w - ! a . t'1 t .i ryt';It - } ._ u. , . _ _ 1,. ` , �.1 . �
r
•, C fy ;Vf, Proposed Parcel , l would have . an . area of;.;: 16 , 117+
' square feet , and total frontage - of 105 :- 71• Ffeet-. - -
Proposed Parcel 2 would have an area of . 7405 + / -• square
feet , and total frontage of 59 . 29 feet . The narrowest north ,
3Ws-i4e ''yard would bef 18 . 5 feet- : There - •is• . a II. preexist•ing�,Z. f.00t� .± , In.III In
u .. .
" side yard on - the south side for - which variance - was ' granted-= -;
on November 3 , 1966 , and a preexisting 16 . 5 foot deep front
- _.. _. . _ ... _ . ... yard': 'The proposed subdivision line is generally functionally
�adequate ; '3nsidarin t : of the site and
dwellings , LA,J I.IU V 'v V tv rL;al 11, 1 -_ F . 1. ... �-�..: i '� e. Y'i 1t11 conditions \.rxiUtiTlj
or ti lat Gy � f nl :. tJJC Si _ Lbil � s a � ulI an �V tz: -11iI �. t l .cl.
:ls.Aa:AA id _. m�:Y . .i �'.��!11�.•Ye.�t.�._.Sl�._i..ie�;r�.al. �
_ y • T d4. . _ . y
.f;Y .1: A.z�_�d.�!_:�J_ _ ! � J .— � • . -: . ; '- ._A ��- L. 1i �v i , ..-.i `•i ' r' � t�.. t� '.'
-iter. ___s:.c_...__l._ .d1-.qtr-�_.�..—_t1L•^_]t__-11.3d_
v .. �. ... N.I. ii : Vl �i1 L: C r1Ji L .Y CIliQ
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Vw1C =JL J .: C" a. 1 I:rl L' V Vyi• r _ . J aJ .l aJ11` v 4K M. •'� ♦.11ll yt V'• .l V Y.T Y'
p E% • a �% Cwald
dY'liln , G < < Ci ,J , i� !ivt, ti. . .
�qq � aen�St�e3 d{Ji_ a� > s 3 __.45 := i? �_�" L{ sis3�' ` s �il41
Y•
Not C- X4;:�Cc •, e d
V 7 _�� _� +�G�=_S. -1-iSs�i�� 1119."We G..
Not expecte "' .
sna
i �_:�z_i _ Lar l _._ � � nYlzLtad
There have been cozplai :l•% s with respect to noise ,
parties , and property
EQRT I I I
A negative deter li :: at on of environmental significance
is recommended based rr: following assumptions :
nft. Reduction and -res - r•ze;-ion - of the number of dwell-ing - - - ^
units as proposed "
iiiaroV �ileTi c :i _ ZLIJ V rig blackt p drive .
U
Provision of adeq"' ase Screening/containment for garbage
cans in a location convia : e ;lt for the 4 dwelling units,.
involved .
Connection to the 'Tow.rl public sewer main by ' September , . :,
19890
l7r an v111 h,' of ' .:. i iQi . ._. � �iy l+ . . ei� 4., nilig-t_ Bo4rd of Appeals .
Lead Agency : F' or : ; , � ; • _ _ , tj: Town planning Board
For Var _ � :: : e .; . . � i: ': Boar "' o .f A
ReY• iewer • u � wA _ _ - • - - - _ . . ' : ; r. : .: rlrer ppe is ,pN�
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TAVELLI & SELDIN
ATTORNEYS AND COUNSELORS AT LAW
405 NORTH TIOGA STREET
PAUL N. TAVELLI P. O. BOX 695 TELEPHONE
WILLIAM S. SELDIN ITHACA, NEW YORK 14850 COPY FOR YOUR (607) 273. 8410
INFORMATION (607) 273. 3900
December 5 , 1988
�. Honorable Merton Wallenbeck
Ithaca Town Court Judge
125 E . Seneca Street
Ithaca , New York 14850
R � : PEOPLE VS . GORGE SHELDRAKE
Dear Judge Wallenbec .'c :
As previously discussed , I am authorized by my client , Geo . ge
Sheldrake , to enter a plea of guilty on his behalf to the charge
of " construction of a residential building without first i
obtaining a building permit " as more particularly set forth by
the enclosed appearance ticket .
In that regard , I have enclosed m client ' s check in the ataa of
g Y
$ 100 . 00 :lade payable to the Ithaca Town Court in satisfaction of
the fine imposed by the Court in this matter . J
i
With best regards to you and your family for this Holiday season , I
I am ,
{
Respectfully yours ,
WILLIAM S . SELDI '1d
.JSS / ll
Enc .
cc : Mr . George Sheldrake
u x ��--++��,Jtm�rC rM Pat- .f,Y1 . - h 1 Y. 'R . 9 a
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TOWN OF ITHACA ZONING'
TH;- E� THh
' AC D � .0 �� �� .`. . AGENDA,OC AHEARINGS OAND
WEDNESDAY, DE ,
CEMBER 4, 1988, 7:00 P. M. f
By direction of the Chairman `,
of the ZoningBoard of Ap-
` ��±± � � peals NOTICE IS HEREBY
�.2Qt: a tm a; •-$ k�.� tCC=" d, GIVEN that Public Hearings, as
- r); * appropriate, will be held by
the Zoning Board of Appeals
rill i <; • . i T of the Town of Ithaca on
_ . ___5 __ .. . . t . ...
beplow;+ ^ e' CI ':t �' _D�. . d"'JQS !S Wednesday, December 14,
1988, in Town Hall , 126 East
" Io
�` Seneca Street, (FIRST Floor,
r, '
LZ ^. fi \'s �.St 7 =SICl 'r L: 1`� �.BC>` County anis Mtn REAR Entrance, WEST Side ),
Ithaca, N. Y. , COMMENCING
1 - n e o
:.. _ _ -
__ . .pow
' o t owing
matters.
.._ . . ._. _.. .. APPEAL of Evelyn C. lane, Ap-
pellont, requesting variance
Cii Tim iMACA OLwNAIL a ZJtIC. DSM 6 1�� f e requirements oArticle
_._. 1. p t.7C6 tiII� �'„lj t Section 19, Paragraph 2, of
— theTown of Ithaca Zoning Or-
4 dver-
LS' 8: '� `iIIu 1r ns ng for 1sale of �handct the arafted =
f - items i conjunction with a
custom
located a at h333 1Westp King
1rVLs .. . ,. IL.
Road, Town of Ithaca Tax Par
cel C> P tri District R-30.6-37-1 -27. 2, Residence
''-' — •+� . _ ... __.____ —_ _ _ _• APPEAL of Donna L Hofstead-
-- \ Duffy, Appellant, requesting
variances from the require-
•' - -- - - - - ----- - - - - --• _- • • .—_ .-__._.. . .. . ments of Article V, Section 19,
Paragraph , a Section 20,
6 and i n
L ! of . the Town of Ithaca Zoning
L"Si P _ iwfi. : c �. 0 p; S j ^ aC _ ..o k•`c OL tt , . j Ordinance, to permit the
keeping o horses or e a
k i f h f hit t
340 Warren Road, . Town of
t R Ithaca Tax Parcel No. 6-68- 1 -2,
O. � �: _•� ..e__ �.__" r ^ ... . . .. . . . . . . ... . .-• • . � `� = �• . . Residence District R-30. The .
Appellant proposes, with re-
_ _ . ._
spect to the keeping of horses
- • •• • •- - •---•- • ..
. . .. .. .... . . . __�-�� __ for hire, to construct an indoor
- - - inceed ainuheinhtt with '
riding area i
r`+IO:L
saidbuildingbeing closer
9 9
C{ _—__ 2%t ��
than 30 feet from a lot line
(^j�J Said Ordinance does not per
_ • _ • __ TC 7j b mit- the keeping of horses for
._ . ..."' - hire and further requires an
.
ac
cessory. building to be no
hi her than 15 feet with such
If
... .. .. . . -- - M s» Fu a,� kana I I
a wilding housing ho _
beat least 30 feet from I .
h line. the Appellant sees va
> _ from these require-
ments. ,
riance f equ 're
: :..:. . . ..... . -.. .. ,,_... ; . : '
JEAN hocanZoning t inancen 'or^gym E.L of John E. Rancich,
N FORD S t Ord APP A
Notary PuLlIC, Staf@ the extension of a non-con- Appellant, Michael J. Morus-
eW 4 ty, Applicant, requesting vari-
Of N YOf!� forming building
or use at 17
NO 41 ( 5 x - 'ante of the requirements of
Qualified in T 16
r Tompkins � nty, s e Apbpee: joftthle Towneof gIthaca Zoning
q ins Road, own o
. ::
'Article XIII, Section 67, and
Tax Parcel
O
dente D itric� R 303Th
Commission expires May 31,u�
n texisPn bu�ldingnf nda- Ord ante, with r pect to the
on a ng a two-story y sin-- abdivision Parcel fNoWn6-252-32
g of Ithaca
gle-amilyai ' residence, a with
9.
said parcel of land presently nown as 845-847 Taughan
containing a se rate single- ResidenceDistrict '
a ily residential structure.
Fi-
Sad existing building foundo- v been gran
tion presently contains a sinby
oc Blvd. , es,
IZ. I Subdivision Approval
15, into two to su
inion having be ted
P y a Su - ,on
^ ' gle-family residence which is the Planning Board on No
0 osed t become part of _ Ifa m ubjdect
PrP o ber 1 , 1988, s to cer
the proposed two-story single- . , n conditions. Sai subdiv,
s family residence. Article Vf Inion , ' as conditionally
s approved, creates one lot 7,
Ithaca
o ging Ordinance a per- Iw 5 plus or minus sq. ft. in size '
Section 0
It Z with a front yard width of
_ , ; :- . ';, , . , ' . " . . • ' . ;: - mils only one dwelling build-
ing on a single parcel of and. ',I f9
• Should the Appellant foil to e feet,
pp tont plus
d setback minus
from an ' -
prove o "legal'Pnon conform '.� existing dwelling of 16. 5 plus
ing building or use, a request . °e minus feet, and a side yard
i s
for a variance from said Arti- stack of 2 plus or minus
.- ,o e
cle V. Section 18 has been re-
feet. Said Ordinance requires
quested.
d Zoning Board of Appeals ,
size o sq. t. , a
frontIII
yard width of 100 feet, t, .
P . will at said time, 7:00 p m• front yard setback of d. feet,
and said place, hear all per- and a A foot side yard.
_ sons in support of such matters I AGENDA ITEM: Determination
or objections thereto. Persons by the Zoning Board of Ap- ! .
may appear by agent or in I peals with respect to environ-
person. mental review and Decision
Andrew S. Frost by the Zoning Board of Ap-
Building Inspector/ . I Peals with respect to the Ad-
/ a Zoning Enforcement OfficerI journed Appeal (from October `
Town of Irhnrn 26, 1988) of George Shel-