HomeMy WebLinkAboutZBA Minutes 1989-11-08 1 •
FILED
TOWN OF ITHACA
Date&wS& 441?.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
Clerk • J
NOVEMBER 8 , 1989
The Town of Ithaca Zoning Board of Appeals met in regular session
on Oednesday , November 8 , 1989 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 7 : 00 p . m .
PRESENT : Chairman Henry Aron , Edward W . King , Edward N . Austen , Joan
G . Reuning , John ' C . Barney ( Town Attorney ) , Andrew S . Frost
( Building Inspector / Zoning Enforcement Officer ) ,
ALSO PRESENT : Calameze Walker , Alan Semel , Thomas Bell , Carmine
Gerard , Fred T . Wilcox III .
ADMINISTRATIVE MATTERS
Chairman Aron stated that Mr . Edward Austen has agteed to
continue to serve as a member of the Zoning Board of Appeals for
another five - year term , commencing January 1 , 1990 , and expiring
December 31 , 1995 . Chairman Aron regested a motion recommending to
the Town Board Mr . Austen ' s reappointment .
MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
recommend and hereby does recommend to the Town Board that Edward N .
Austen be reappointed as a member of the Zoning Board of Appeals for a
five - year term commencing January 1 , 1990 , and expiring December 31 ,
1995 .
There being no further discussion , the Chair called for a vote .
Aye - Aron , King , Reuning .
Nay - None .
Abstain - Austen .
The MOTION was declared to be carried .
Chairman Aron stated that it is necessary for the Board to elect
its Vice Chairman for the year 1990 , commencing January 1 , 1990 .
MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals elect
and hereby does elect Edward N . Austen as its Vice Chairman for the
year 1990 , commencing January 1 , 1990 .
There being no further discussion , the Chair called for a vote .
roeAye - Aron , King , Reuning .
Nay - None .
Abstain - Austen .
Zoning Board of Appeals - 2 - November 8 , 1989
The MOTION was declared to be carried .
Chairman Aron noted that the Board needs to recommend on the
Chairmanship for the year 1990 , commencing January 1 , 1990 .
MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
recommend and hereby does recommend to the Town Board that Henry Aron
be reappointed as Chairman of the Zoning Board of Appeals for the year
1990 , commencing January 1 , 1990 .
There being no further discussion , the Chair called for a vote .
Aye - King , Austen , Reuning .
Nay - None .
Abstain - Aron .
The MOTION was declared to be carried .
Chairman Aron called the meeting to order at 7 : 10 p . m . and stated
that all posting , publication , and notification of the public hearings
had been completed and that proper affidavits of same were in order .
Chairman Aron stated that the meeting will be adjourned at 10 : 00
p . m . and any action which may continue after 10 : 00 p . m . will be
adjourned . Chairman Aron stated that when the public hearings are
opened and anyone has anything to say for or against matters , he would
ask that persons be to the point and factual , adding that neither he ,
as Chairman , nor the Board will entertain any emotional outbursts ,
and , if there are any emotional outbursts from anyone , that person
will be asked to leave .
Chairman Aron stated that by law the Tompkins County Planning
Department has to be notified about appeals which fall within the
jurisdiction of the County , for example , a parcel located on a county
highway or a state highway , and they , in turn , have to respond with
either an affirmative or non - affirmative review on the matter .
Chairman Aron noted that the County Planning Department has responded
affirmatively on each of the cases before the Board tonight .
The first Appeal on the Agenda was the following :
APPEAL OF ALLEN SEMEL , APPELLANT , CHASE FARM ASSOCIATES , OWNER ,
REQUESTING A VARIANCE FROM ARTICLE IV , SECTION 11 , PARAGRAPH 10 , OF
THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE CONSTRUCTION OF A SINGLE
FAMILY HOME WITH AN INTERIOR HEIGHT MEASUREMENT OF 38 + FEET AND AN
EXTERIOR HEIGHT OF 30 FEET , TO BE LOCATED AT LOT # 13 , 9 CHASE LANE ,
TOWN OF ITHACA TAX PARCEL NO , 6 - 45 - 1 - 61 , RESIDENCE DISTRICT R- 15 .
SAID ORDINANCE ALLOWS FOR AN INTERIOR HEIGHT MEASUREMENT OF NO MORE
THAN 34 FEET AND AN EXTERIOR HEIGHT OF 30 FEET . A FOUR- FOOT INTERIOR
HEIGHT VARIANCE IS THEREFORE REQUESTED .
Chairman Aron read the Appeal into the record . (Attached hereto
Zoning Board of Appeals - 3 - November 8 , 1989
as Exhibit # 1 . ) Mr . Semel appeared before the Board and explained
that when he and his wife started looking into a house at Chase Farm ,
they were looking for a two - story house and were not sure at that time
whether or not they wanted a basement . Mr . Semel explained that they
were living in the Town of Ithaca then , and they looked at a lot on
Chase Farm and saw the " Auburn House " and liked the plans , adding that
this was sometime toward the end of July . Mr . Semel stated that they
then put a deposit on Lot # 13 at Chase Farm and , at the same time , put
their house up on the market . Mr . Semel stated that they next looked
at design , talked further , and decided they wanted a basement , adding
that the original design of the house had a crawl space underneath .
Mr . Semel stated that toward the end of August their house that was on
the market was sold , adding that toward the end of August they signed
a contract with the sales people at Chase Farm on the basic " Auburn
House with a few modifications , including the addition of a
basement . Mr . Semel reiterated that when they signed the contract for
the " Auburn House " , their basic specifications included a basement .
Chairman Aron asked if the people with whom Mr . Sequel talked made
him aware that there was a height limitation , with Mr . Semel
responding , no . Chairman Aron asked if the house was built yet or if ,
at this point , he had only the lot , with Mr . Semel responding that the
house was not built yet and they had only the lot . Chairman Aron
asked Mr . Semel how he became aware of the height limitation , with Mr .
Semel explaining that he became aware of the height limitation about a
month ago when construction on their house had not been started and ,
when he inquired as to why , he was told that apparently there were
construction problems in regard to other houses getting done before
their house . Mr . Semel stated that at that time he was still waiting
for the blueprints and was informed that there was a possibility of a
height problem , in terms of adding the basement .
Continuing , Mr . Semel stated that at that time he and his wife
looked at the possibility of changing the style of the house to be
within the 34 - foot height law and to make the house look a little
different from some of the other houses which were based on that same
model . Mr . Semel explained that there were a couple of problems with
this - - first , they did not like what they drew for them because it
was about $ 6 , 000 . more than they could spend . Chairman Aron asked if
the house was smaller with the new drawing , with Mr . Semel responding
that it would be smaller because it changed the roof angle and added
more windows to make it look better , and commenting that there are no
drawings of the new sketch , and further adding that it also cut out a
walk - in closet that was part of the master bedroom and left them with
a very small closet upstairs and that was not what they wanted , and ,
in addition , it was $ 6 , 000 . more to make the changes . Mr . Semel
stated that at that point he was informed that if he wanted to do
this , keeping in mind that this was the house they were looking at and
spending a lot of time considering , they would have to get a variance
to have a basement . Mr . Semel stated that the addition of a basement
does not change the look of the house from the outside , which is the
same as a few others , adding that all it does is go into the ground
more than the present model on Lot # 10 .
Zoning Board of Appeals - 4 - November 8 , 1989
Mr . Semel stated that , at this point , this was causing problems
for him and his wife because they are currently living in temporary
housing - - an apartment - - with a lease through December , and after
that it will have to be month to month if this keeps going on longer .
Mr . Semel noted that it is a small one -bedroom apartment that they are
not satisfied with . Chairman Aron asked how many are in Mr . Semel ' s
family , with Mr . Semel responding , two right now , but they want to
have children . Mr . Semel stated that , also , most of their furniture
and most of their belongings are in storage in Ithaca and in his
parents ' house in Elmira , which is causing some hardship because they
do not have everything they need with them because the apartment does
not hold much . Mr . Semel stated that their previous house also did
not have a basement and space was still a problem in a house that size
because they could not store anything .
Chairman Aron asked what the interior size of the house they
intend to build is , and what the interior size of their previous house
was . Mr . Semel responded that the interior size of the house they
intend to build is over 2 , 000 square feet , and the interior size of
their previous house was about the same , but there was an apartment in
the house that they rented , so there was no storage space . Mr . Semel
noted that they had a small shed on the outside as part of the
carport , which is similar to this design , where there was some storage
in the back of the garage , however , it was not at all sufficient ,
mainly because they have a lawn mower , snow blower - - things like that
• - - to fill the garage with . Mr . Semel stated that the need for a
basement is that they need storage space for exercise equipment that
they were not planning on putting in rooms in the house .
Chairman Aron asked Mr . Semel if , at the time he talked with Mr .
Frost , he became aware that he had to have a height variance , with Mr .
Semel responding , no . Chairman Aron asked if Mr . Semel signed the
contract with the Chase Farm people to purchase the house with a
basement knowing that it was against the zoning law , with Mr . Semel
responding that he signed the contract not knowing it was against the
law . Chairman Aron asked if the sales people knew , with Mr . Semel
responding that he did not believe the sales people knew either .
Chairman Aron asked Mr . Semel who advised him to come before this
Board , with Mr . Semel explaining that when he was dealing with the
poeple at Chase Farm , they informed him about a month ago that there
was a problem with the height .
Chairman Aron asked Mr . Semel if he had anything else to add ,
with Mr . Semel responding that this situation was causing problems for
them if they have to make changes that they are not financially
prepared for , adding that they are at their limit financially now to
build this house .
Chairman Aron read into the record a letter , dated November 1 ,
1989 , from the Tompkins County Department of Planning , stating :
" . . . the proposal , as submitted , will have no significant deleterious
• impact on intercommunity , county , or state interests . Therefore , no
recommendation is indicated by the County Planning Department and you
are free to act without prejudice . " ( Attached hereto as Exhibit # 2 . )
Zoning Board of Appeals - 5 - November 8 , 1989
Chairman Aron opened the public hearing . No one appeared to
address the Board . Chairman Aron closed the public hearing , and asked
the members of the Board if there were any questions they wished to
consider with respect to what is before them .
Mr . Frost noted that Mr . Semel ' s house that he sold had been
inspected by him and he could verify the statements with respect to
storage space and possibly answer any questions regarding the storage
area .
Discussion followed on the provisions of the Ordinance with which
the Board was dealing .
Chairman Aron asked Mr . Semel if his 8 - foot basement was going to
be a basement , or if he intended to put an apartment in , with Mr .
Semel responding , a basement .
Mr . King asked if there is an existing house on the lot southeast
of Mr . Semel ' s lot , and if it is the same type - - " Auburn " , with Mr .
Semel responding , yes . Mr . King asked if the other house contained a
full basement , with Mr . Semel responding , no , adding that he believed
it was just a crawl space .
Mr . Frost stated that , technically , it is called a cellar , not a
basement , if the floor is more than four feet into the ground , average
• depth , which makes it uninhabitable space which cannot legally be used
for an apartment .
Discussion followed on the intent of Article IV , Section 11 ,
Paragraph 10 , and the roof pitches of houses .
Chairman Aron stated that he was concerned about how many other
cases may be coming before the Board from Chase Farm for this reason
because this is the type of house they are building there . Chairman
Aron wondered if the Town Board , as well as the Town Attorney ,
considered that there are different roof pitches , so that one house
does not look like every other house that is 30 feet high , and so that
they do not all look the same with no variation , and asked again if
this had been considered by the Town Board when they voted on this
height amendment .
Discussion followed on the height amendment of the Ordinance and
proper notification to appropriate people to prevent further problems
with the houses at Chase Farm , as well as other developments .
Mr . Frost pointed out that when you have two of these houses side
by side , one with a cellar and one without , you are going to see the
same house from the outside .
Mrs . Reuning stated that she felt this case was similar to a
previous case brought before the Board at an earlier meeting and the
• circumstances are the same .
Chairman Aron stated that his concern is that there are a large
number of lots in Chase Farm and the Board may have to meet for every
Zoning Board of Appeals - 6 - November 8 , 1989
lot , adding that something has to be done , together with the Town
Attorney and the Town Board , to rectify some of these things .
Chairman Aron commented that it looked to him as though the Board will
have to deal with this development in months to come .
Discussion followed on notifying Chase Farm about the law . It
was noted that the Chase Farm people are aware of this and
notification is in process to rectify this problem in the future .
Chairman Aron also showed , by drawings , the variety of roof pitches
that could occur and explained why there could be height problems with
Chase Farm houses .
Chairman Aron asked if there were any other questions for Mr .
Semel . There being no further questions , Chairman Aron asked if
anyone were prepared to offer a motion .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals , in the
matter of the Allen Semel Appeal for an area variance to permit the
construction of a single family home , known as the Auburn House model ,
with the addition of an eight - foot cellar , on Lot 13 in " Chase Farm " ,
find and hereby does find , as follows :
1 * that said house will not exceed the thirty - foot exterior height
• requirement of the Town of Ithaca Zoning Ordinance , but will
exceed the thirty - four - foot interior height measurement , and
2e that the grant of such interior height variance would not be
detrimental to the amenity of the neighborhood and surrounding
lots , nor would it impinge inordinately upon the site view of any
other house , and
3 * that neither the buyer nor the seller had been informed of the
height amendment when this particular construction contract was
signed , which would render the interior height measurement in
violation of the Ordinance , such being a point of hardship which
will not be the case in any other possible future appeals of this
nature for Chase Farm houses , and
39 that requiring the applicant to diminish or reduce the height of
said cellar by four feet to accommodate the Ordinance would
impose an unnecessary hardhip on the applicant , and
4a that the public safety and welfare would not be at all injured by
the grant of such interior height variance ; and
5o that no one appeared in opposition to the requested variance , and
IT IS FURTHER RESOLVED , that , based on the foregoing Findings ,
said Board of Appeals grant and hereby does grant an area variance of
four feet with respect to the interior height measurement of the home
located on Lot 13 in " Chase Farm " .
Zoning Board of Appeals - 7 - November 8 , 1989
There being no further discussion , the Chair called for a vote .
Aye - Aron , Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
The second Appeal on the Agenda was the following :
APPEAL OF CALAMEZE WALKER , APPELLANT , REQUESTING SPECIAL APPROVAL
UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE ,
FOR THE EXTENSION OF A NON- CONFORMING BUILDING / LOT AT 105 HICKORY
PLACE , TOWN OF ITHACA TAX PARCEL NO . 6 - 53 - 1 - 15 . 141 RESIDENCE DISTRICT
R- 15 . SAID EXTENSION PROPOSES THE CONSTRUCTION OF A 24 ' x 32 ' GARAGE
TO BE LOCATED APPROXIMATELY 7 ± FEET FROM THE NORTHWEST SIDE PROPERTY
LINE , WHEREAS A 20 - FOOT SIDE YARD SET BACK IS REQUIRED FOR AN
IRREGULAR SHAPED BUILDING LOT .
Chairman Aron read the Appeal into the record . ( Attached hereto
as Exhibit # 3 . ) Mr . Walker appeared before the Board .
Chairman Aron read into the record a letter , dated November 1 ,
1989 , from the Tompkins County Department of Planning , stating :
" . . . the proposal , as submitted , will have no significant deleterious
impact on intercommunity , county , or state interests . Therefore , no
• recommendation is indicated by the County Planning Department and you
are free to act without prejudice . " (Attached hereto as Exhibit # 4 . )
Chairman Aron noted that Mr . Walker had written a letter , dated
November 8 , 1989 , stating the reasons why he would like to have the
requested Special Approval , and read said letter aloud for the benefit
of the public present . ( Attached hereto as Exhibit # 5 . )
Chairman Aron asked Mr . Walker if he had anything to add to his
letter , with Mr . Walker responding that he was attempting to
significantly upgrade the property and that upgrade is a huge
improvement over what he started with . Chairman Aron asked Mr . Walker
when he started remodelling , with Mr . Walker responding that he
started about ten months ago , the 26th of December .
Mr . Frost passed around photographs of Mr . Walker ' s garage
showing how the old garage was structurally unsound , for the Board
members to review . Mr . Frost noted that Mr . Walker ' s original contact
with the Building Department was before December for putting up a
pitched roof over the existing flat roof to prevent some leaking
problems , for which a building permit was obtained . Mr . Frost stated
that the next contact made was for doing an addition and there was
discussion about the garage , adding that , at that time , the Zoning
Ordinance did not require that a 100 ' x 150 ' rectangle needed to be
inscribed within a lot , hence , Mr . Walker did not pursue getting a
building permit for the garage since , at that time , he was dealing
• with the rest of the house . Mr . Frost pointed out that around
January , when the Zoning Ordinance was amended , this lot became a
non - conforming lot because the 100 ' x 150 ' rectangle requirement could
Zoning Board of Appeals - 8 - November 8 , 1989
• not be met within this parcel .
Chairman Aron opened the public hearing .
Mr . Carmine Gerard , 103 Hickory Place , approached the Board and
stated that his property is just to the north of Mr . Walker ' s house ,
and further stated that he had no objection to what Mr . Walker
proposes to do , adding that Mr . Walker was doing a good job and was
improving the property .
Mr . Fred T . Wilcox III , 109 Juniper Drive , approached the Board
and stated that his property is just to the east of Mr . Walker ' s
house , explained a small part of the history of the house , and stated
that the work Mr . Walker was doing was certainly improving the house
and neighborhood and he had no objections .
Chairman Aron closed the public hearing .
Mr . King asked Mr . Frost what the side yard variance is for a
garage . Mr . Frost explained that if you cannot inscribe a rectangle
100 ' x 150 ' within a parcel , the side yards have to be increased by 10
feet and the rear yard has to be increased from 30 feet to 50 feet .
Mr . Frost noted that , in December , all that was needed was a 10 - foot
side yard setback from the garage , however , now , because of the change
in the Ordinance sometime in January , Mr . Walker needs a 20 - foot side
• yard setback . Mr . Frost also noted that , possibly , part of Mr .
Walker ' s concern was that if he went back far enough to meet the side
yard setback , he would run into some grade problems .
Discussion followed on Mr . Walker ' s lot , lot measurements , and
gradient . Mr . King noted that the side yard setback averaged almost
20 feet .
Discussion also followed on Mr . Walker ' s driveway which is
partially located on the neighbor ' s property . Mr . Walker stated that
this is a separate issue that will be brought up at a later date .
Discussion also followed as to where the 100 ' x 150 ' rectangle
may be inscribed within a lot . It was determined that the required
side yard setback for the garage in this case is ten feet , and a
3 - foot variance was needed .
There appearing to be no further questions or comments from the
Board , Chairman Aron asked if anyone were prepared to offer a motion .
MOTION by Mr . Edward Austen , seconded by Mr . Edward King :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals , in the
matter of the Calameze Walker Appeal for Special Approval , under
Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , for
the extension of a non - conforming building / lot at 105 Hickory Place ,
• Town of Ithaca Tax Parcel No . 6 - 53 - 1 - 15 . 14 , said extension being the
reconstruction of a 24 feet by 32 feet garage to be located on the
west side of the house , the northwest corner of said garage being
Zoning Board of Appeals - 9 - November 8 , 1989
• approximately 7 feet from the northwest side property line , ten feet
being required , find and hereby does find as follows :
1e that there were no objections by the neighbor to the west , he
being the only one that would be affected by this particular
change in dimensions , and
+ 2 . that the neighbor actually appeared and approves such proposal ,
as does the neighbor across the street , the distance from his
house to the lot line being significant , roughly 41 feet from the
lot line to the neighbor ' s , and
IT IS FURTHER RESOLVED , that , based on the foregoing Findings ,
said Board of Appeals grant and hereby does grant the requested
Special Approval to permit the applicant to reconstruct his garage so
that the northwest corner is no closer than seven feet from the
westerly property line .
There being no further discussion , the Chair called for a vote .
Aye - Aron , Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
• The last Appeal on the Agenda was the following :
APPEAL OF THOMAS G . BELL , APPELLANT , REQUESTING A VARIANCE UNDER
SECTION 9 OF TOWN OF ITHACA LOCAL LAW NO . 7 - 1988 , AS AMENDED ,
" REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN
OF ITHACA " , FOR THE TEMPORARY EXEMPTION OF AN INSTALLED AND
OPERATIONAL AUTOMATIC FIRE SUPPRESSION SPRINKLER SYSTEM IN A PROPOSED
WAREHOUSE TO BE CONSTRUCTED AND LOCATED AT 614 ELMIRA ROAD ON A
RECENTLY SUBDIVIDED PORTION OF TOWN OF ITHACA TAX PARCEL NO .
6 - 33 - 3 - 2 . 2 , LIGHT INDUSTRIAL DISTRICT .
Chairman Aron read the Appeal into the record . ( Attached hereto
as Exhibit # 6 ) . Mr . Bell appeared before the Board .
Chairman Aron read into the record a letter , dated November 1 ,
1989 , from the Tompkins County Department of Planning , stating :
" . . . This proposed action does not meet the conditions outlined in
Section 239 -m and , therefore , requires no review by the Tompkins
County Planning Department . " ( Attached hereto as Exhibit # 7 . )
Chairman Aron asked Mr . Bell why he did not want to put a
sprinkler system in , with Mr . Bell responding that he was going to put
a sprinkler system in and that was not the problem he had . Mr . Bell
stated that the problem he has is hooking it into the City water
system in his area , adding that the Town is planning to put a water
and sewer line into this particular area commencing sometime this
• spring and maybe finalizing it in a year .
Chairman Aron asked if Mr . Bell has already built the warehouse ,
Zoning Board of Appeals - 10 - November 8 , 1989
with Mr . Bell responding that it is under construction . Mr . Frost
added that Mr . Bell was given a foundation permit only .
Chairman Aron asked if Mr . Bell was familiar with Town of Ithaca
Local Law No . 7 - 1988 , and if he had a copy of it , with Mr . Bell
responding , yes . Chairman Aron read from Section 5 therein , and noted
that in this Section it says , " No building permit shall be issued for
the construction of any new building , structure or portion required to
have an approved sprinkler system pursuant to this ordinance unless an
approved sprinkler system is included in the plans for such
construction submitted fol"r the building permit . "
Chairman Aron asked Mr . Bell if he submitted a sprinkler system
plan . Mr . Bell explained that he could not do that because the Town
of Ithaca does not know what the water pressure will be . Chairman
Aron stated that that had nothing to do with it . Mr . Bell responded
that it did because the people who put in New York State approved
sprinkler systems cannot do it unless they know the pressure .
Chairman Aron asked if Mr . Bell had any affidavits to that effect ,
with Mr . Bell responding , no , and explaining that he could furnish all
types of plans to do it , and that he is going to have one installed .
Mr . Bell stated that all he is asking for is a variance to wait until
he has public water to the site . Chairman Aron noted that it is not
known when that will be .
Chairman Aron , noting that Mr . Bell had a retail store in front
of the warehouse , asked where he got the water from for the store ,
with Mr . Bell responding that the water came from a spring . Mr . Bell
mentioned to the Board that there are water problems in that area ,
however , the fact is that he is going to install a sprinkler system
but he cannot activate it until the water pressure is known .
Mr . Frost noted that there are other properties that do not have
public water but have managed to come up with designs for a sprinkler
system with . a slight over - design , or over - build , built into it , but
the contractors / engineers / architects managed to submit a plan based on
rough calculations . Mr . Frost noted also that there are going to be
minimum pressure requirements for a public water supply . Mr . Bell
stated that Supervisor Desch told him that the pressure could be
anywhere from 40 to 70 pounds . Mr . Frost offered that , to the best of
his knowledge , this is probably within the scope of which a reasonable
design system could be designed .
Mr . Bell stated that he could design one for a 50 -pound pressure
and give cost figures on that , but , it is a situation where he is not
going to take one person ' s bid on a system that is as expensive for a
12 , 000 - square - foot building as this would be . Mr . Bell stated that it
could be very cost -prohibitive and he was shopping for different
people for prices , adding that it is very difficult to come up with a
design that is going to satisfy the Board and himself without
shopping . Mr . Bell stated that it would also be very stupid for him
to construct a warehouse that size and not install the system while it
is being constructed because it would be cost -prohibitive to put it in
later , so , it is to his advantage to put it in now , which he planned
Zoning Board of Appeals - 11 - November 8 , 1989
• to do , but it is just a situation where , without some real basic costs
where these people can come in with some bids for him , and knowing
what is pretty much going to be the water pressure , and he told them
he thought we can arrive at around a 50 - pound average , then they can
start doing this . Mr . Bell stated that his feeling was that he did
not see why the Board should hinder the building permit , he thought it
should hinder the occupancy permit .
Chairman Aron stated that what Mr . Bell thinks and what the law
thinks are two different things . Mr . Bell replied that he is having a
sprinkler system ; he is not breaking the law ; the system will be in .
Chairman Aron pointed out that , according to the law , he should not
have even had a building permit . Mr . Frost noted that Mr . Bell has a
foundation permit , but has not been given permission to go beyond the
foundation .
Mr . Bell pointed out that , up the road for instance , Cannon
Pools , is building without sprinklers . Mr . Frost stated that Cannon
Pools has a sprinkler system which will be connected to 2 , 000 gallons
worth of storage space . Mr . Bell replied that that was something
about which he was told that the Fire Underwriters would laugh at ,
adding that they would not write him a policy saying that a 2 , 000
gallon holding tank would be sufficient enough .
Town Attorney Barney stated that the problem is , while that may
• be true , the Board was dealing with the same situation with them , but
they put in a sprinkler system and came up with a design , and put in a
2 , 000 gallon holding tank , which gives them something to hold them
until water is put in . Mr . Bell stated that a 2 , 000 gallon holding
tank would fill his system , and asked , then what do you do ?
Mr . Austen offered that Cannon ' s building is a completely
different building in size and design , adding that Mr . Bell might need
a 20 , 000 gallon tank . Mr . Bell responded that then stress factors
come in on how the floor will support a 20 , 000 gallon tank ; how it
will be heated in a non - heated warehouse ; it goes on . Mr . Bell stated
that it is not a simple case .
Town Attorney Barney stated that he was not so sure that this
Board is looking to make Mr . Bell put in a 20 , 000 gallon storage tank ,
adding that he did not think Mr . Bell can point to Cannon Pools and
think they are getting a break that he is not . Mr . Bell replied that
he was not saying that , he was saying that the Fire Underwriters are
telling him that is crazy . Mr . Bell stated that what they want from
him is a sprinkler system , installed ; it does not have to be hooked
up ; they want a receptacle on the outside that the Fire Company can
hook up to . Mr . Frost inquired if Mr . Bell were talking about the
Fire Department , or the Underwriters , or NFPA regulations , with Mr .
Bell responding , NFPA regulations , and adding that they want to see ,
if you have not got a source big enough to cover a 12 , 000 square foot
building , that an outside hook up can be . . . . . Mr . Frost interjected
• that Mr . Bell is talking about a " siamese " connection , adding that
they are required for any building regardless of the size . Mr . Bell
stated that that was correct , adding , however , he would have to have a
Zoning Board of Appeals - 12 - November 8 , 1989
• temporary variance until there is a Town water supply .
Mr . Frost pointed out that this is a local ordinance and not
necessarily a building code required by the Building Code itself ,
adding that the wisdom behind the Board is that some water discharged
from the system is better than no water . Mr . Bell pointed out that it
would take a monumental amount of water to cover 12 , 000 square feet .
Mr . Frost pointed out that you are not discharging a sprinkler head to
cover a 12 , 000 square foot area , you are discharging a sprinkler head
to cover an immediate area where the heat and fire had initiated the
melting of the link of the sprinkler head ; you have , basically ,
coverage of an area that is 30 feet . Mr . Frost offered that , in favor
of Mr . Bell , the variances that have been granted were , one , for a
veterinarian hospital where there is occupancy of a building ,
including animals , and , two , Cannon Pools where there is retail
occupancy during the day , noting that in the case of a warehouse ,
occupancy by human beings will probably be very limited , so , in terms
of risk to life , we are dealing with an occupancy classification that
is less risky toward human life than a retail business or a vet
hospital .
Town Attorney Barney asked Mr . Bell , assuming he had an adequate
supply , how he is going to heat it . Mr . Bell stated that they have
systems that it comes to it in a heated area , for example , you can
have , where the coupling comes into the building , like their bathrooms
• are heated , so , where it would go into the system , from that point , it
is heated , and , once it is activated in the cold area , it just goes
through the pipes , does the spraying , and shuts down . Mr . Frost
explained that it is basically a dry system that releases air through
the sprinkler head in the cold area and , through that release of air
and air pumps , it will release the water from the heated area where
the sprinkler main is , and rush water down the line to the area where
the sprinkler head had opened up . Mr . Frost noted that there are also
systems where you have antifreeze in the pipes , but he has not seen
that too often .
Mr . King asked Mr . Bell what he was proposing on this system ,
with Mr . Bell responding that he was proposing a dry system because ,
basically , depending on a tenant , certain tenants might want to heat a
bay , adding that they furnish their own heat . Mr . King pointed out
that Mr . Bell had to make sure that some area is heated . Mr . Bell
stated that his bathrooms are heated at all times and that is where
the hook -up would be . Mr . King wondered if that would be adequate to
protect the entire building . Mr . Bell replied , yes , because he does
not need a holding tank , he just needs it from the source , adding that
it can be a direct line from public water to that point and when it is
activated , it fills the system .
Chairman Aron asked Mr . Bell when he thought he would be going to
have Town water , with Mr . Bell responding that the Town of Ithaca has ,
commenting that he went to one of their meetings , definitely scheduled
• it , adding that it is supposed to be on their agenda starting April
1st and could end in either 1991 or 1992 . Mr . Austen pointed out that
that job has not been bid yet , if he remembered correctly , so , the
Zoning - Board of Appeals - 13 - November 8 , 1989
• Board has no assurance . Chairman Aron agreed that there is no
assurance , adding that a new administration is starting as of January
1 . Mr . Bell stated that it was his understanding that it was
definitely approved that they were going to get water . Chairman Aron
asked Mr . Bell if he meant that the Town Board had approved it , with
Mr . Bell responding , yes . Town Attorney Barney stated that the Town
Board has approved some water and sewer , in fact , bids went out which ,
he thought , were returnable today , however , he was not sure what area
they encompassed . Chairman Aron stated that the bids which were
opened today were for a sewer line from the Hospital up to Dr .
Goodfriend ' s on Trumansburg Road - - about 1 , 500 feet - - but no water
line .
Mr . Bell noted that that is not their area , adding that he was at
a meeting held right here where it definitely was approved by the
Board to have water and sewer in their area . Town Attorney Barney
stated that what was approved was that the engineers were authorized
to go ahead and draw up the bid documents and go out and bid , however ,
it is not approved until a bid is accepted , and , if the bid comes back
higher , in excess of what they want to spend , then , it may not be
approved . Mr . Bell stated that they also said ' they would consider
doing it in - house if the bids are too high . Town Attorney Barney
offered that , there , he thought Mr . Bell was going beyond what was
agreed to at that time , adding that he did not think there was
anything agreed to specifically ; they basically said they accepted the
• study the engineers did and said , fine , go ahead to the next step .
Mr . Bell responded that he believed their statement was that there
would be water in their area no later than - - and they gave a date .
Mr . Bell stated that there were people there from the neighborhood and
from the motels , and they said they would have water . Town Attorney
Barney stated that , at this juncture , there is no guarantee , adding
that it is probably less of a guarantee today than it might have been
two days ago , and further adding that he was not saying it will not be
there , but he did not think anyone can sit here and say that " you " are
guaranteed that there will be water , and commenting that they would
have said that under any circumstances because you have to have an
acceptable contract . Mr . Bell stated that he would say that , of
anywhere in Tompkins County , this is probably one of the most
depressed areas for water , so he would think they would give that high
priority , adding that that was the way it was stated . Mr . Frost
pointed out that what this Board was saying was that it cannot be
guaranteed .
Chairman Aron stated that what is before the Board is not whether
or not they put the water in , or when , the question is would Mr . Bell
be putting in a protective system . Mr . Bell stated that he was more
than willing to put in a protective system , but where is his water
source ?
Mr . Frost suggested , perhaps , the installation of a system where
the Fire Department can hook up and pump water through the line ,
• adding that it might lessen the risks of the fire fighter . Mr . Frost
noted that fire codes not only protect life and property , but they
also protect fire fighters , and added that the concern is not so much
Zoning Board of Appeals - 14 - November 8 , 1989
with the occupants because there will not be too much occupancy .
Mr . King wondered if the Board has any guarantee as to the use of
this building , adding that Mr . Bell has characterized cold storage ,
and asking how the Board would know that it would not be put to
another use . Mr . Bell responded that he cannot limit the use , noting
that it is zoned specifically for him to utilize it in all respects
that it is zoned for . Mr . Bell stated that he could not say that
sometime in the future some rug distributor might not be down there
with a warehouse in the back and also be maintaining a small showroom
and office in the front .
Mr . Frost stated that there would be limitations , based on the
construction of the building as a storage building , noting that a
storage building would have what is called a C - 4 occupancy
classification , which then would be divided into low hazard , moderate
hazard , and high hazard . Mr . Frost pointed out that how Mr . Bell is
permitted to build that building would limit the degree of hazard ,
adding that , certainly , he would not be permitted to have a high
hazard occupancy . Mr . Frost stated that Mr . Bell would not easily be
able to go from a storage occupancy classification to business without
modifications to the inside of the building , so , there would be some
building code limitations as to what he could do . Mr . Frost offered
that it is possible , down the road , but he would need to modify the
building to accomplish that .
• Mr . King wondered if that would ordinarily require modification
to the sprinkler system . Mr . Frost responded , not necessarily by our
local law , adding that , if he were to go to a higher hazard , Code
might trigger a sprinkler system . Mr . Frost stated that he thought we
are looking at this building as being C - 4 , a low hazard type building ,
but you also have to know who is being rented to because you may have
to turn around and say they cannot store that type of material in the
building . Mr . Bell noted that that is one of his by - laws with his
leases - - that they are not going to have any flammable materials .
Mr . Frost offered that examples as to what Building Code would call
moderate hazards are : air craft hangars , fire halls with assembly
space , fur storage , furniture warehouses - - which is a possibility - -
so Mr . Bell could be at a moderate hazard - - garage with maintenance
or repair facilities , grain elevators , lumber storage , paper / cardboard
storage . Mr . Frost stated that he thought the presence of furniture
creates combustible materials to a volume that would be considered a
high fire load - - that would be considered moderate hazard . Mr . Bell
wondered if he were allowed to have moderate hazard , with Mr . Frost
responding , perhaps , noting that he has only gone so far as to grant
a foundation permit . Mr . Bell offered that with regard to a
warehouse , if you said you could not store furniture , it would be very
much limited as to what the warehouse is designed for .
Chairman Aron asked if Mr . Frost , when he gave the permit to Mr .
Bell , talked to him as to the sprinkler system , and if he made him
• aware of the responsibility he has to provide him with some kind of a
plan of what he intends to do . Mr . Frost replied that , prior to
issuing a foundation permit , he received a complete set of plans from
Zoning Board of Appeals - 15 - November 8 , 1989
• a licensed engineer . Mr . Frost stated that he had some questions
which delayed him totally , permitting only the issuance of the
foundation permit for which we had enough information to go by . Mr .
Frost stated that he did talk to the engineer to determine that the
foundation would be adequate for whatever might be approved beyond the
foundation . Mr . Frost stated that he told Mr . Bell , as well , that he
would need sprinkler plans to be submitted , as he has done in the
past , adding that once the building permit is issued for the entire
project , the intention is that a sprinkler system is going to be put
in unless a variance is granted by the Board of Appeals . Mr . Frost
reiterated that , at this point in time , he has not given Mr . Bell
anything beyond the foundation .
Chairman Aron , noting that the building is 12 , 000 square feet ,
asked if it were going to be separated . Mr . Bell replied that it will
have three bays of 4 , 000 square feet each . Chairman Aron wondered if
each bay will have its own entrance door , with Mr . Bell responding
that there will be a passage door and an overhead door , adding that
the building is designed such that you cannot drive any vehicle into
it . Mr . Bell stated that it has loading docks , so there will be no
vehicles , adding that fork lifts will be allowed inside the building
to get freight off the loading docks .
Chairman Aron asked Mr . Bell what he had envisioned , that is ,
what his plans were for the type of storage for the bays . Mr . Bell
. responded that he has high interest from Cornell and Ithaca College ,
adding that Cornell has expressed to him that they would probably
store office equipment , and Ithaca College is very interested but they
have not told him what type of storage they have in mind . Chairman
Aron wondered if they would lease the space from him and use two bays .
Mr . Bell replied that it is a situation where you can subdivide it ,
basically , two or three different ways - - three 4 , 000 - square - foot
bays , an 8 , 000 and a 4 , 000 . Mr . Bell stated that Cornell wanted 8 , 000
square feet and he can furnish them 8 , 000 square feet , but he would
never go beyond 8 , 000 square feet for one tenant , commenting that if
that tenant vacates that large an area then you are out a tenant , and
adding that the best avenue is three separate tenants ; that way if you
have one move out you still have two making the mortgage payments .
Chairman Aron asked if he were correct in stating that Mr . Bell has
not contracted with anyone yet , with Mr . Bell responding that he had
not , and commenting that it is a plus without having any vehicles
stored or gasoline . Chairman Aron wondered how Mr . Bell would control
that there is no gasoline or any other flammable liquids , with Mr .
Bell responding that it will be in his lease , adding that he will
control it with inspection . Mr . Bell stated that he has , in his
lease , the right to inspect with a four - hour notification , unless it
is an emergency .
Chairman Aron asked Mr . Bell if he had contacted any of the
installers as to the sprinkler system , and wondered if they have given
him any indications or recommendations as to types . Mr . Bell replied
• that he had , adding that , when you contact them , they would very much
like to have your business and a system for his size building can run
from $ 12 , 000 . 00 to $ 20 , 000 . 00 for a total system . Mr . Bell stated
Zoning Board of Appeals - 16 - November 8 , 1989
. that it is a situation where someone might say it is $ 18 , 000 . 00 , and
another might say they can do it for $ 12 , 000 . 00 , adding that it has to
go out to bid in order for him to be protected . Mr . Bell stated that
what he was trying to do is satisfy everyone that he is definitely
going to guarantee that he is having a system , adding that he would
like to see the bids . Chairman Aron asked Mr . Bell what was holding
him back from getting bids out , and wondered if , as he was building
the building , it would not be more appropriate for him to get plans to
install this system , rather than waiting until everything is
completed . Mr . Bell responded , yes , except for one thing , to satisfy
this Board , he did not know what he really needed to have , so it would
be difficult for them to give him bids on an unknown factor .
Mr . King wondered why Mr . Bell did not have his engineer specify
a system and use his best judgment by talking with the Town , in order
for this Board go have something to go by . Mr . Bell stated that the
engineer has recommended people to him but he has not drawn up a
system . Mr . Bell stated that they were a little reluctant to draw up
a system until he could pretty much guarantee them a solid pressure
with which we would be dealing . Mr . Bell stated that , as far as the
piping goes , if it does not maintain a certain pressure , then they
have to go with smaller or larger piping , and that makes a lot of
difference in costs . Mr . Austen pointed out that this Board cannot
guarantee Mr . Bell a pressure . Mr . Bell agreed , adding that he meant ,
however , with an outside hook - up , like the Board is talking about , you
• can guarantee pressure . Chairman Aron wondered why , then , they do not
design a system so the Board can have something to look at . Mr . Bell
responded that whatever system they design , they have to guarantee it
to be satisfactory with the building codes , for this area , to the Fire
Underwriters , adding that it is just a matter of his getting bids to
find out his best buy . Chairman Aron stated that that is not the
Board ' s concern , adding that the Board has to deal with whether or not
Mr . Bell is putting in a system , which , at this point , Mr . Bell is
refusing to do . Mr . Bell stated that that was not correct , adding
that he is going to put one in . Mr . Bell stated that all he is asking
is that he have the right to complete the building and install a
system when he has the plans , and the Board has the final approval
before he receives a certificate of occupancy . Chairman Aron pointed
out that the law says that is not so .
Mr . King wondered if it would make any sense to , say , design it
for 40 pounds per square inch . Mr . Bell stated that you can do that ,
but , by the time they get that in and going on it . . . . , adding that he
was just asking to get permission for a span of time to keep
completing his construction . Mr . King stated that he thought this
Board is going to want to know what is going in there , with Mr . Bell
responding , an adequate sprinkler system . Town Attorney Barney stated
that the Board has nothing to assure that . Mr . Bell questioned what
good the building would be if it were all finished and it cannot be
approved by the Board because the sprinkler system is not adequate .
Town Attorney Barney stated that the point is that the Town does not
• want people to build houses in good faith that they are going to
complete them in accordance with the codes - - they have to show plans .
Mr . Bell stated that Attorney Barney was talking about months of time .
Zoning Board of Appeals 17 - November 8 , 1989
Mr . Frost stated that what Mr . Bell seems to be saying is that he
is asking to be given permission to be able to get a building permit
to continue construction , but that he is not going to occupy the
building until he meets the Town standards . Mr . Bell stated that that
was correct , adding , by submitting plans , drawings , etc . , whatever is
required . Chairman Aron wondered what was stopping Mr . Bell from
doing that now , with Mr . Bell replying , time , and adding , if he can
state to them that he is pretty much sure 50 pounds can be done . . . ,
and further adding , but it is going to take time . Town Attorney
Barney pointed out that that did not excuse Mr . Bell from coming up
with a sprinkler system plan and doing it before he gets a building
permit . Mr . Bell stated that he was ready for a building permit now .
Mr . Frost interjected that that was not correct , adding that the
dialogue for considering a sprinkler system began almost a month ago ,
and further adding that he had talked with Mr . Bell ' s engineer . Mr .
Bell agreed , adding that he had been pursuing it ever since ,
contacting people on the Town Board , and everything else , to get these
stipulations so these people can design a system . Mr . Bell stated
that it is very difficult to design a system not knowing what you are
going to have - - a well , a spring , public water . Chairman Aron stated
that , as an engineer , he did not agree , adding that they can design a
system for the poundage they think they will have . Mr . King wondered
if requiring a system for 40 pounds per square inch would not probably
be an overkill . Mr . Frost offered that he thought they can do a
design based on pipe sizing without knowing too much of the
® hydraulics . Chairman Aron agreed .
Mr . King stated that the Board is concerned with the service
coming into the building , not the size of the sprinkler lines going to
the individual sprinkler heads , adding that there is no reason why
this cannot be done . Chairman Aron stated that he would suggest to
Mr . Bell , and to the members of the Board , an adjournment of the
matter until Mr . Bell has provided the Board with a set of drawings
and plans , and an indication as to Mr . Bell ' s intent with respect to
an engineering outfit .
Town Attorney Barney stated that he might make a suggestion as to
what this Board is going to require in terms of design , say , like a 40
pound pipe size . Town Attorney Barney stated that he thought the
Board may make a determination as to whether it may grant a variance
from that requirement , and then may wish to leave it to the Building
Inspector / Zoning Enforcement Officer as to whether or not the plans
that are submitted are going to meet the requirements that this Board
has proposed . Town Attorney Barney stated that he would , however ,
strongly recommend that the Board require that Mr . Frost seek plans
before any further permits are granted and that such plans conform to
whatever it is the Board determines to be an acceptable level of
protection . Mr . King wondered if the Board should require a design
for a 40 pound per square inch and a three - inch pipe . Mr . Austen
responded that he would not want to size the pipe because that would
depend on the flow per head , however , he was satisfied to put 40
• pounds in as a requirement . Chairman Aron asked Mr . Bell if he will
present this to Mr . Frost , with Mr . Bell responding , definitely . Mr .
Bell , commenting that there was a point he wanted to clarify now ,
asked , if he does get the engineering plans , and it is designed to a
j -
Zoning Board of Appeals 18 - November 8 , 1989
® 40 pound specification , and Mr . Frost agrees that the plan is
adequate , at that time , can he be issued the building permit . Mr .
Frost responded , yes , adding , then it is a question of what this Board
is granting once Mr . Bell wants the certificate to occupy .
Town Attorney Barney noted that , first , the question is if the
Board is willing to accept a building that will not be sprinklered
initially , except for the Fire Department hook - up . Mr . Austen stated
that he would say that the Board needs to hear from the Fire
Department as to whether this is acceptable to them . Mr . Frost stated
that the Fire Department would agree that an ideal system is one that
meets NFPA design standards , which is not what is being provided here .
Mr . Frost stated that he would most certainly like to get input from
the Fire Department . Mr . King wondered why Mr . Frost said it will not
meet the design requirements . Mr . Frost responded that once you get
public water , yes , perhaps , but he was saying , to permit a spring or a
private well , that will not give the demand that NFPA would state as
necessary .
Discussion followed on designs of sprinkler systems .
Mr . Bell stated that he would like to ask again if he comes up
with an adequate system like has been talked about and comes to the
Board , would he be granted a building permit . Mr . Frost replied , yes .
Town Attorney Barney cautioned , if the Board grants the variance . Mr .
Frost commented that if Mr . Bell had come to him last week with
•
adequate plans , he would have received a building permit , and added
that the question is , when Mr . Bell wants to occupy the building
either he has an adequate sprinkler system or he has a variance . Town
Attorney Barney stated that this Board needs to take action tonight to
say either those are the only plans Mr . Frost is allowed to accept or
the Board grants a variance from the requirements and it allows Mr .
Frost to accept something different on the assumption that there will
someday be public water . Mr . Frost agreed , adding , however , if it is
under the assumption that Mr . Bell will have public water , the design
for the system will have to meet the public water Code . Mr . King
wondered how the Board would know that one siamese connection will be
adequate for a building this size . Mr . Frost stated that he will
check the Code on that , but it is just a matter of still having some
connection outside the building whether you have two connections or
one connection . Mrs . Reuning pointed out that that is the engineer ' s
problem .
Town Attorney Barney asked if he might suggest that a motion
might say something to the effect that the variance is granted from
the sprinkler ordinance permitting installation of the sprinkler
system designed to accept 40 pounds pressure but with an alternative
arrangement for immediate use that would enable the Fire Department to
hook on in a way that permits the system to be activated , and all of
that should be engineered in plans to be provided to the Zoning
Officer before further building permits are issued . Mr . King noted
that the plans would have to be approved by Mr . Frost and by another ,
such as the Fire Department .
MOTION by Mrs . Joan Reuning , seconded by Mr . King :
Zoning Board of Appeals - 19 - November 8 , 1989
• RESOLVED , that , in the matter of the Thomas Bell proposed
warehouse to be located at 614 Elmira Road , the Town of Ithaca Zoning
Board of Appeals grant and hereby does grant a variance from the
requirements of Town of Ithaca Local Law No . 7 - 1988 , as amended ,
permitting the installation of a sprinkler system designed to accept
40 pounds of pressure , but with an alternative arrangement for
immediate use that would enable the Fire Department to hook on in a
way that would permit the system to be activated , all to be engineered
in plans to be provided to the Building Inspector / Zoning Enforcement
Officer prior to the issuance of any further building permits , and
with such plans to be approved by the design engineer , the Building
Inspector / Zoning Enforcement Officer , and the Fire Chief as being
acceptable at that time .
Chairman Aron asked if there were any discussion on the MOTION .
Mr . Austen stated that the Board will reserve decision on the
building occupancy . Mr . King stated that the variance is granted upon
the understanding that this building is to be used as a warehouse .
Mr . Bell stated that , basically , it will fall into that usage ,
adding that it is zoned , too , if someone , like a rug dealer , was there
and he wanted to put a showroom and a small office in the front and
have the warehouse in the back , then , under zoning , that is still
allowed . Mr . Frost stated that he wished to make it clear that that
. cannot be done , by the Building Code , unless the building plans are
modified to accommodate that . Mr . Frost stated that Mr . Bell was just
permitted strictly a storage building , not retail space or office
space , reiterating that Mr . Bell would be getting a permit for storage
space . Mr . Bell stated that he understood that part , but , if in the
future , some tenant wants to do something , he would have to get a
building permit to modify the building by Code .
Chairman Aron pointed out that it then would come back to the
Zoning Board of Appeals . Mr . Bell stated that he understood one has
to have a building permit for anything one does , however , it would not
limit him to say that he could never have someone come to the Zoning
Board of Appeals to get a building permit to do this . Chairman Aron
stated that this is a different issue altogether .
Chairman Aron asked if there were any further discussion on the
MOTION . There being none , Chairman Aron asked for a vote .
Aye - Aron , Austen , King , Reuning .
Nay - None .
The MOTION was declared to be carried unanimously .
ADJOURNMENT
Upon Motion , Chairman Aron declared the November 8 , 1989 meeting
• of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 10
p . m .
Zoning Board of Appeals - 20 - November 8 , 1989
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
1 �
Henry Aron , Chairman
•
TOWN OF ITHACA FEE : $40 . 00
• 126 East Seneca Street RECEIVED : YO
' Ithaca, New York 14850
CASH
( 607 ) 273- 1747 CHECK
® ZONING :
A P P E A L For Office Use Only
to the
Bui_ ldtng_Inspector/Zoning_ Enforcement Officer
and the
Zoning Board of Appeals
of the i
Town of Ithaca, New York
Having been denied permission to contruct a two ( 2 story single family
home , with a basement . _
at Lot 13 , Chase Lane Town of Ithaca
II Tax Parcel No . 45 - 1 - 61 as shown on the accompanying
II 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) II Subdivision 10
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
DIFFICULTIES and/or UNNECESSARY HARDSHIP as followse
CAdditional sheets may be attached as necessary . ) .
SEE ATTACHED
Signature of Owner/Appellant : Date :
• Signature of Appellant /Agent : Date : ! 0 0
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Y
•
The language of Article IV , Section 11 , Subdivision 10 does not allow for a
basement to be added to the proposed Auburn- style home illustrated , in the
attached drawings and photographs . While this design with a basement does not
exceed the current allowable height of 30 ' measured from lowest exterior grade ,
It does exceed the allowable height measured from lowest interior grade , ( 34 '
feet allowed by code , 38 feet required for usable basement ) .
A basement added to this house would only exceed a dimension which is
underground , and , therefore , does not affect the visual quality of the house as
seen from the street . In fact , the house would look exactly the same on the
outside as the house constructed on lot 10 at Chase Farm ( which has a crawl
space ) . The house I seek a variance for with basement would not have any
outside access to the basement except for a " bilco " type stair ( covered ) .
The house without a basement imposes a practical difficulty because without a
basement the house has inadequate space for storage and also lacks sufficient
work space related to home maintenance .
The current zoning ( prohibiting a basement in this design ) also imposes
financial hardship to me because I have already sold my house and am now paying
rent on an apartment ( and consequently losing the tax advantages , associated
• with home ownership ) as well as having money tied up in the land on which the
proposed house is to be built on ( which I cannot build without a variance ) . I
have also committed money for the plans of the house which would be lost „if I
cannot build this house .
In addition , I am also experiencing the emotional hardship caused by living in
temporary housing beyond a reasonable period necessary to - construct a new home
( because if the internal height issue I cannot begin construction , and if I
cannot exceed the interior height dimension , I will need to redesign the house ,
causing further time delays , and a prolonged stay in temporary housing ) .
PLOT PLAN
INFORMATION TO BE SHOWN :
1 . Dlmenslons of lot . 4 . Dimenslons and location of proposed structure ( s ) or
2 . Distance of structures from: or additionCs ) . Q
a . Roads 5 . Names of neighbors who bound lot .
b . Both side lot llnes , 6 . Setback of neighbors .
c . Rear of lot . 7 . Street name and number .
3 . North arrow . 8 . Show existing structures In contrasting Illness
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® Signature of Owner/Appellant : Date :
Signature of Appellant / Agent : Date :
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### ## ##### TOMPKINS COUNTY DEPARTMENT OF PLANNING
#### #######
#### ####### Harry Missirian Acting Commissioner of Planning
#############
############
November 1 , 1989
To : Andrew Frost , Zoning Officer - -
From : Harry Missirian , Acting Commissioner of Planni
Re : Zoning Review Pursuant to Section 239- 1 and - o the New York State
General Municipal Law .
Proposed discretionary action : Area variance appeal of Allen Semel at 9 Chase
Lane ( within 500 feet of county highway )
Tax Map No . 45 - 1 - 61
This memorandum acknowledges your referral of the proposal identified above
for review and comment by the County Planning Department .
Zoning Review , pursuant to NY General Municipal Law , Section 239- 1 and -m .
The proposal , as submitted , will have no significant deleterious impact on
intercommunity , county , or state interests . Therefore , no recommendation is
indicated by the County Planning Department and you are free to act without
prejudice .
copy :
file
Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360
TOWN OF ITHACA FEE : $40 . 00
126 East Seneca Street RECEIVED : y0
Ithaca, New York 14850 CASH
( 607 ) 273- 1747 CHECK
ZONING :
A P P E A L For Office Use Only
to the -But Wing Inspector/Zoning Enforcement Officer
and the
Zoning Board of "& Is
of the
Town of Ithaca, New York
Having been denied permission to
au ► Lb A 1401 X 3z < < F oN M *)MF
at IDS 141 c4cbsL/ pocwe� Tow, of Ithaca
Tax Parcel No . h J 3 ! � � y as shown on the accompanying
application and/or plans or other supporting documents, for the stated reason that the
issuance of such permit would
bbeIn violation of :
Article (s ) !1 / 1 Sections) U
of the Tawe 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
DIFFICULTIES ' and/or UNNECESSARY WARDSHIP as follows .
CAdd i t 1 oral sheets may be attached as necessarye )k7ACA
.
G�
Signature of Owner/Appellant : Date : /L
Signature of Appellant / Agent : Date :
D
PLOT PIM,
INFORMATION TO BE SHUA
1 . Dimenslons of lot . 4 . Dimensions and location of proposed structure ( s ) or
2 . Distance of structures from: or addition( s ) .
® a . Road , S . Names of neighbors vho bound lot .
b . Both side lot lines, 6 . Setback of neighbors .
c . Rear of lot . 7 . Street name and Timber .
3 . North arrow . 8 . Show existing structures in contrasting lines .
•
Signature of Owner/Appellant : , Date .
Signature of Appellant / Agent : Date .
E x.hl b t # 3
To : Zoning Board of Appeals
• From : Cal Walker
Subj : Variance Request
Date : November 8 , 1989
I am completing a major renovation project on my home , having more than
doubled its original size . All of the core construction work has been done on
the house and I ' m now ready to redo the garage .
In December of 1988 , I applied for and obtained a building permit for all
construction except the garage . This was due primarily to a shortage of
capital at that time , however , I was prepared ' -to start work on -the priority
portion - the actual living space . I advised Mr . Frost that application for
the garage would be made separately . There was nothing stated or implied
regarding zoning or other regulatory problems with the garage plans at that
time , nor any hint of the possibility of such a change ( s ) . I understand now
that current requirements would render those same construction plans non-
conforming .
The house had a single bay garage to begin with . It was never truly
functional as such because it was both structurally unsound and simply too
small . Additionally , it had a flat roof which constantly leaked despite
efforts to repair it . The old garage is being torn down . The new garage ( as
designed ) is an integral part of the renovation and fits critically into the
• overall scheme of both practicality and design . I have pushed the structure
back as far as practical given that there is a very large embankment behind it
which would cause additional problems which I ' d just as soon avoid .
Given the fact that the total project pre - dates the change in zoning
requirements , I would .greatly appreciate a variance that allows me to finish
remodeling my home according to the original specifications .
Regards ,
Zol
Calemeze Walker
•
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CERTIFICATION ELId1RA SAVt►lOUA
Sj LoA , F. . ,
L4wyEPs TITLE' II.ISU ""c-G CO¢ P. ,
I hereby certify to 4MOQRE. . . . •
that I am a licensed land surveyor , New York State License
No . o4goroo and that this map correctly delineates an actual Nfh y
survey on the ground made by me or under my direct supervision ; ��' � 4, em•: P
`s � "
t it was . prepared in accordance with the current code, of f e �"' , c'
ctice for land title surveys adopted by the New York State '�a.
sociation of Professional Land Surveyors ; and that I found no a r4 r
visible encroachments either way across property lines except ^ ' ;'►o p�qo: ..•
as shown hereon . �t
LAND S .r
$ Ii ':i U : DATLD : T1 ! 84 rrccrlrccacc�
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CAL AMEZE WALKER Q -
tY N C I DEEDS 500K 54461 PAGE XOG
4 a h / . tiN 'LAX MAP PARCEL "o. 9534- 15. 14 0
..
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MULL HElGNTS StJ6oNISItX1 ' j o��° ,s` PIPE
TED AP2lL 1, IRG1, A4tEUPED 00 alta $ FON[2
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SURVEY MAP
='- No . 105 NICKOZY PLACE
t li A. t
. �. � '� . . TOWW OP ITHACAtTOMPKIIJ5 Co . cfroN .�(.
• t : . .- c. : . r JULY( 21 1989 SCALE 1" • 30'
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• 7, G , MILLER ASSOCIATES P. C .
EM (SWEERS ALIO SURVE %t( ORS
T � ACA , WEw YoRx
### #max ##### TOMPKINS COUNTY DEPARTMENT OF PLANNING
#### # ##### Harry Missirian Acting Commissioner of Planning
November 1 , 1989
To : Andrew Frost , Zoning Officer
From : Harry Missirian , Acting Commissioner of Planning
Re . Zoning Review Pursuant to Section 239- 1 and -m f he New York State
General Municipal Law .
Proposed discretionary action : Area variance appeal of Calameze Walker at 105
Hickory Place ( within 500 feet of county highway )
Tax Map No . 53- 1 - 15 . 14
This memorandum acknowledges your referral of the proposal identified above
for review and comment by the County Planning Department .
Zoning Review , pursuant to NY General Municipal Law , Section 239- 1 and -m .
The proposal , as submitted , will have no significant deleterious impact on
intercommunity , county , or state interests . Therefore , no recommendation is
indicated by the County Planning Department and you are free to act without
prejudice .
copy :
file
Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360
F.xhl b% A� *� 4
To : Zoning Board of Appeals
From : Cal Walker
Subj : Variance Request
Date : November S . 1989
I am completing a major renovation project on my home , having more than
doubled its original size . All of the core construction work has been done on
the house and I ' m now reedy to redo the garage .
In December of 1988 , I applied for and obtained a building permit for all
construction except the garage . This was due primarily to a shortage of
capital at that time , however , I was prepared to start work aD -the priority
portion - the actual living. space . I advised Mr . Frost that application for
the garage would be made separately . There was nothing stated or implied
regarding zoning or other• regulatory problems with the garage plans. at that
time , nor any hint of the possibility of such a change ( s ) . I understand now
that current requirements would render those same construction plans non -
conforming .
The house had a single bay garage to begin with . It was never truly
functional as such because it was both structurally unsound and simply too
small . Additionally , it had a flat roof which constantly leaked despite
efforts to repair it . The old garage is being torn down . The new garage ( as
designed ) is an integral part of the renovation and fits critically into the
overall scheme of both practicality and design . I have pushed the structure
back as far as practical given than• there is a very large embankment behind it
which would cause additional problems which I ' d just as soon avoid .
Given the fact that the total project pre - dates the change in zoning
requirements , I would .greatly appreciate a variance that allows me to finish
remodeling my home according to the original specifications' .
Regards ,
Al
Calemeze Walker
Y J
TOWN OF ITHACA FEE : $40 . 00
126 East Seneca Street RECEIVED :
Ithaca, New York 14850 CASH (_)
C607 ) 273-1747 CHECK
ZONING :
A P PEA L For Office Use Only
to the
Building Inspector/Zoning Enfo rcement Officer
and the
Zoning Board of Appeals
of . the
Town of Ithaca, New York
Having been denied permission w2 �� C �• ,, � leJl�- � � : tJ ��—a e 2m : �- -
C, v e u o
V- f C ni b . . ► l "•ti <� ,.�, i �c.•S V Go_N
atG H �-1 r+ .i o--r Tovn of Ithaca
Tax Parcel No . 3 3 - 3 - ? . "L 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 ) Sections )
of the Town of Ithaca Zoning Ordinance ,
the UNDERSIGNED respectfully submits this . Appeal from such denial and , do support of the
Appeal , 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 . ) .
l.v' 2 sc. rLc tt_ :tic S CAu V c%� 2 Lc�_11C2� u .•y tlwe� ; n chit cx./
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Signature of Owner/Appellant, / �y1 ' ���� . Date :
® Signature of Appellant / Agent : Date :
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## # # TOMPKINS C0UNTY DEPARTMENT OF PLANNING
## ### ## Harry Missirian Acting Commissioner of Planning
November 1 , 1989
To : Andrew Frost , Zoning Officer
From : Harry Missirian , Acting Commissioner of Planni g
Re : Zoning Review Pursuant to Section 239- 1 and -m of the New York State
General Municipal Law .
Proposed discretionary action : Appeal of Thomas Bell for variance of town
sprinkler law at 614 Elmira Road ( state highway )
Tax Map No . 33- 3- 2 . 2
This memorandum acknowledges your referral of the proposal identified above
for review and comment by the County Planning Department .
Zoning Review , pursuant to NY General Municipal Law , Section 239- 1 and --m .
This proposed action does not meet the conditions outlined in Section 239 -m
and , therefore , requires no review by the Tompkins County Planning Department ,
copy :
file
Bis Center Building A . 301 Dates Drive Ithaca , New York 14850 ( 607 ) 274-5360
EXhl bid' 7
" F1flAVIT OF M11LICATJON
OURI� AL TOWN, .OF ITHACA ZONING
THE ( THA CA
BOARD OF APPEALS, NOTICE , 1
OF 'PUBLIC HEARINGS , ' :
WEDNESDAY, NOVEMBER 8, ?
1989, 7 :00 P. M.
By direction of the Chairman
t t � r.Ln �j =J� z1=-.Fk � of the Zoning Board of Ap-
p eals NOTICE IS HEREBY . .i
GIVEN that Public Hearingi ,1
(� will be held by the Zoning •1
.. . . . : _. .1. . . . _ . v_ .l . .l . ., - �5 - _. . . . . . . . being dLL �' S;.'Orn , dt'��5 � Board of Appeals of the Town
of Ithaca on Wednesday, No-
vember 8, in
126 East Seneca Street, (FIRST
FIRST
aa _ s•t .-s , tr.+et he rrclde-s i.:+ IL�1oCc , Cous, t,• And state aferesai �? >� 3 �
Floor, REAR Entrance, West
Side), Ithaca, N. Y. , COM
Ls n n ^ MENCING AT 7:00 P. M. , on
thA t b.0 '
f...e. � YJ. _ . . . . .. . . . ... . . _ . - .. . - . . _ ._. . . . . _ . . . . . .. . . . . . _ .. . . . - . . . . . _ . . . - - • - -- • --. . . . ._ the following matters. :
APPEAL of Allen Semel, Ap- .,{
pellant, Chose Form Asso
0rf TRZ I �Ltie, 30l•P.NAl 8 p'jb1iC F7
Dt` K' figoJ pJL7 !9v 8L1G� j �LLS1lC3 ciates, Owner, requesting a
variance from Article IV, Sec- i
ition 11 , Paragraph 10, of the '
Itlam Lfor=LVid , azo tt a D•Jtice , 0. 'AiliC the nnneJC [ .' S & - true Town of . Ithaca Zoning Ordi-
� i)
nonce, for the construction of
` a single family home with an
per. M` pUhi ; c }Je :i = Lr7 F' & interior height measurement -
— - •• • •• • ••• ••• • • •- • • of 38 plus feet and an exterior, '
height of 30 feet to be located
2 q� at Lot # 13, 9 Chase Lone, Town
-CTZ •�f.l^.. . _ - . - J :t . � . . J .. . . . _ . _ of . Ithoca Tax Parcel No. 6-45-
1 -61 , Residence District R- 15.
Said Ordinance allows for an
interior height measurement
_ . . . . . . . . . . . . . . . . . . . . . . . . . _ . . .- . . . .. . .. . . .. _. . of no more than 34 feet and 1
t an exterior height of 30 feet. 1
L ? � r � F li'�t „ l 1j �_ ._ _ CI Sc: DC �.: C`e `.t'iiS O : ti A four foot interior height va-
F — Lie - - . • - • • - -. .- -. . . . . . rionce is therefore requested.
APPEAL of Calameze Walker,
• QQ
Or Appellant, requesting Special
Yc• C �""+ • - IC- U - Approval under Article XII,
Section 54, of the Town of
Ithaca Zoning Ordinance, for
,�c� (;1 Q • - • - V.� Q �-. the extension of a non-con-
_
-_. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. ..: forming building/lot at 105
Hickory Place, Town of Ithaca
eSTax Parcel No. 6-53- 1 - 15. 14,� = C:+ C Stit'C ' ` , ' L'1E , t,1 $ . • - " . . .. . . . .. . ... . . . . . . .. . . .. . . _ . . . . . . . GE } Residence District R- 15. Said
extension proposes the con- i
struction of a 24' x 32' garage
« _ . . .. . . . . . . . . . . .. . . _ - . . . . . . . - _. . - - . . . . . . . . . - - . I . . - . - . . to be located approximately 7
plus/minus feet from the
northwest side property line,
whereas a 20-foot side yard
_ . . . ." " " ' - " " " " • " • ' • ' • • • • • . • . . . . . . . • • - - - - - - - • - - set back is required for an ir-
regular shaped building lot.
APPEAL of Thomas G. Bell, Ap-
JEAN FORA pellant, requesting a variance
under Section . 9 of Town of
Notary PtJi� ll1C, State of New YorW atha Local Losacamended ,N NRequiro. riing
_110 In-
sSprinkInBuildingsldings In ms to e the
Qualified Inj Town of Ithaca" for the tem-
l� R1N� , ii COun porary exemption of on in-
Commission expires May 31, » stalled and operational auto-
matic fire suppression
sprinkler system in a proposed .
warehouse to be constructed
and located at 614 Elmira
Road on a recently subdivided
portion on Town of Ithaca Tax
Parcel No. 6-33-3-2. 2, Light In- j
dustrial District: ,
Said Zoning Board of Appeals
will at said time, 7 :00p. m. ,
and said place, hear all per-
sons in support of such matters i
or objections thereto. Persons i
may appear by agent or • in
person .
Andrew S. Frost I
Building Inspector/
Zoning Enforcement Officer I
Town of Ithaca
273- 1747
November 3, 1969