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HomeMy WebLinkAboutZBA Minutes 1991-08-14 AM TOWN Of ITHACA Date Jz Q/ ® TOWN OF ITHACA Clerk ZONING BOARD OF APPEALS AUGUST 14 , 1991 THE FOLLOWING MATTERS WERE HEARD ON AUGUST 14 , 1991 BY THE BOARD : APPEAL OF JEROLD WEISBURD , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 16 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CREATION OF_-THREE BUILDING LOTS OF 13 , 068 ( + OR - ) SQ . FT . EACH , 15 , 000 SQ : FT . . BEING � REQUIRED , F WITH A WIDTH AT THE MAXIMUM FRONT YARD SETBACK OF ' 65 ( + OR- ) / ( # 1 ) 1 75 ( + OR - ) FEET ( LOT # 2 ) , AND 85 ( + , OR - ) FEET ( LOT # 3 ) 1 . 100 FEET BEING REQUIRED , AT 881 - 883 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX PARCELS NO . 6 - 25 - 2 - 18 (. LOT # 1 ). , - 2 - 19 ( LOT # 2 ) , AND - 2 - 20 ( LOT # 3 ) , RESIDENCE DISTRICT ' R- 15 . MOTION TECHNICALLY FAILED APPEAL OF FINGER LAKES MANAGEMENT CORP . , APPELLANT , R . JAMES MILLER , ESQ . , AGENT , REQUESTING VARIANCES FROM THE REQUIREMENTS OF ARTICLE V , SECTION 23 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CREATION OF TWO PARCELS WITH A LOT WIDTH AT THE STREET LINE AND A WIDTH AT THE MAXIMUM REQUIRED FRONT YARD SETBACK OF 60 . 01 FEET ( PARCEL # 2 ) AND 68 . 95 FEET ( PARCEL # 3 ) , RESPECTIVELY . SAID PARCELS ARE PROPOSED FOR '. SUBDIVISION FROM TOWN OF ITHACA TAX ® PARCEL NO . 6 - 33 - 3 - 1 . 2 , LOCATED ON . THE WEST SIDE OF SEVEN MILE DRIVE APPROXIMATELY 660 FEET SOUTH : OF ITS INTERSECTION WITH BOSTWICK ROAD , RESIDENCE DISTRICT R- 30 . SAID ORDINANCE REQUIRES A LOT WIDTH OF 100 FEET AT THE STREET LINE AND 150 FEET AT THE MAXIMUM REQUIRED FRONT YARD SETBACK LINE . ADJOURNED UNTIL LATER DATE , WITH NOTIFICATION APPEAL OF JULIAN D . LUFT , --APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE ~ IV , SECTIONS 14 AND 16 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE ISSUANCE . OF A BUILDING PERMIT FOR THE CONSTRUCTION OF A RESIDENCE ON A PARCEL OF LAND NOT FRONTING ON A TOWN , COUNTY , OR STATE HIGHWAY . SAID PARCEL IS LOCATED APPROXIMATELY 672 FEET WEST OF THE INTERSECTION OF ELM STREET EXTENSION AND WEST HAVEN ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 28 - 1 - 28 . 7 , RESIDENCE DISTRICT R- 15 . CARRIED UNANIMOUSLY FKM [DD,ate WN Of ITHACA OP ozo Q ® Town of Ithaca1 Zoning Board of Appeals August14 , 1991 TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 14 , 1991 PRESENT : Chairman Edward Austen , Edward King , Robert Hines , Zoning Enforcement Officer / Building Inspector Andrew Frost , Town Attorney John Barney . ABSENT : Joan Reuning , Pete Scala . OTHERS : R . James Miller , Esq . , Richard and Linda Tompkins , Bob Hedges , Tony Ciccone , David St . George , Jerry Weisburd , Roy Luft , Maxine Luft , Julian Luft , Jane Schafrik , Elizabeth Terwilliger , William Terwilliger , Pat Dekar Gilbert , Jane Testut , Nancy Emerson , Stuart W . Stein , Thak and Siu - Ling Chaloemtiarana . Chairman Austen called the meeting to order at 7 : 05 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 Austen stated to the appellants that there are only three Board members present this evening . Therefore , all appeals must be passed unanimously or the appellants may wish to postpone their appeal until such time as all Board members are present . The first Appeal to be heard by the Board was the following . APPEAL OF FINGER LAKES MANAGEMENT CORP . , APPELLANT , R . JAMES MILLER , ESQ . , AGENT , REQUESTING VARIANCES FROM THE REQUIREMENTS OF ARTICLE V , SECTION 23 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CREATION OF TWO PARCELS WITH A LOT WIDTH AT THE STREET LINE AND A WIDTH AT THE MAXIMUM REQUIRED FRONT YARD SETBACK OF 60 . 01 FEET ( PARCEL # 2 ) AND 68 . 95 FEET ( PARCEL # 3 ) , RESPECTIVELY . SAID PARCELS ARE PROPOSED FOR SUBDIVISION FROM TOWN OF ITHACA TAX PARCEL NO . 6 - 33 - 3 - 1 . 21 LOCATED ON THE WEST SIDE OF SEVEN MILE DRIVE APPROXIMATELY 660 FEET SOUTH OF ITS INTERSECTION WITH BOSTWICK ROAD , RESIDENCE DISTRICT R- 30 . SAID ORDINANCE REQUIRES A LOT WIDTH OF 100 FEET AT THE STREET LINE AND 150 FEET AT THE MAXIMUM REQUIRED FRONT YARD SETBACK LINE . Attorney R . James Miller , representing Finger Lakes Management Corp . , discussed with the Board whether the Appeal that he is presenting should be heard tonight or not . At his request , the Appeal will be heard second on the agenda . ® Town of Ithaca 2 Zoning Board of Appeals August 14 , 1991 The next Appeal to be heard by the Board was the following . APPEAL OF JEROLD WEISBURD , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 16 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CREATION OF THREE BUILDING LOTS OF 13 , 068 ( + OR - ) SQ . FT . EACH , 15 , 000 SQ . FT . BEING REQUIRED , AND WITH A WIDTH AT THE MAXIMUM FRONT YARD SETBACK OF 65 ( + OR - ) FEET ( LOT # 1 ) 1 75 ( + OR - ) FEET ( LOT # 2 ) 1 AND 85 ( + OR - ) FEET ( LOT # 3 ) , 100 FEET BEING REQUIRED , AT 881 - 883 TAUGHANNOCK BLVD . , TOWN OF ITHACA TAX PARCELS NO . 6 - 25 - 2 - 18 ( LOT # 1 ) f - 2 - 19 ( LOT # 2 ) , AND - 2 - 20 ( LOT # 3 ) , RESIDENCE DISTRICT R- 15 . Mr . Jerold Weisburd explained the proposed project . He stated that they are not creating three non - conforming lots out of nothings what they have is two greatly non - conforming lots and one conforming lot and they wish to re - draw lines to make each site to . 3 acres and give a frontage for each lot of approximately 70 feet . Mr . Weisburd stated that the distance at the front yard setback becomes a little bit smaller than the 100 feet required but obviously does not have the degree of non - conformity that has been indicated . ® Mr . Weisburd referred to the issue of hardship . He said that they are trying to avoid having to come back to the Board with a hardship situation by more or less equalizing the three lots . After extensive discussion between Mr . Weisburd and Mr . Hines , Mr . Hines stated that he is opposed to increasing the density and traffic in that area of Taughannock Blvd . Chairman Austen opened the public hearing . Patricia Dekar Gilbert , 879 Taughannock Blvd . , stated that she is concerned about the change in lot lines for the property in question . She handed out copies of a letter to the Board that has been signed by other property owners bounding Mr . Weisburd ' s property . She read the following into the record . " We , the undersigned , wish to register objection to the proposed modification of lot lines . This modification would create three non - conforming lots where there once were only two . In the past the smaller - lots , # 1 and # 2 , have in fact been owned and utilized as a single property with a single family summer cottage on it . Lot # 3 is currently a legally conforming sized lot which has been vacant and unused for many years . Your granting of this variance would allow for commercial development of these properties in a way which we feel will have a detrimental impact on the area , specifically , it would allow someone to squeeze three homes into a space where there ought to be only two . Three docks and three boathouses may occupy a shoreline where there is now only one dock . Town of Ithaca 3 Zoning Board of Appeals August 14 , 1991 Increased traffic congestion is to be expected . In spite of drive - downs , people invariably park along Route 89 in the winter . Noise pollution , which carries so well across the water , is likely to be exacerbated by the addition of three of four more gregarious party - giving lake dwellers . The situation is made even more critical by the intention to attach at least one subsidiary apartment to the building plans , further adding to the congestion and aesthetically , the crowding is bound to contribute to the tenement house kind of atmosphere that tends to pervade the southern shores of Cayuga Lake . One cannot truly appreciate how limited a space these parcels occupy without actually seeing the land . To look at a map of the lot dimensions is misleading . These maps do not show the significant portion of space taken up by the creeks which border the north and south of the property lines . They don ' t show the steep slopes which by their very nature result in substantial erosion of the land each year . Unfortunately , only one or two of the Town Planning Board members were able to see the land before the July 2nd hearing on this matter . By a 5 to 3 vote the Planning Board gave preliminary approval to the lot line modification and it did so on the strength of the argument that it would be a tragedy to have a residence built on lot # 1 as it currently exists . That lot , as was pointed out , is 36 feet wide at the road and 40 feet wide at the lake . The assumption seemed to be that the Zoning Board would readily grant a variance to put a residence there and one would clearly need a variance in order to put a building more than 10 feet wide given the 15 foot side yard requirement . Obviously , that argument falls apart if you refuse to grant such a variance . If change is necessary , what makes the most sense is the idea promoted by the Environmental Review Committee at its June 12 , 1991 meeting . On this issue the ER Committee report states " we cannot really support creation of an additional non - conforming lot . Our preference would be to combine sites # 1 and # 2 into one conforming lot . " You will in effect achieve desirable lot sizes by maintaining the ordinances and not granting any further variances either for modification of lot sizes or variances in yard sizes , specifically the side yard widths . We urge you to adhere to your own good standards . " Ms . Dekar - Gilbert stated that the above statement has been signed by six of the property owners that surround these lots . ( The referenced statement is attached hereto as Exhibit # 1 . ) Mrs . Jane Testut , 875 Taughannock Blvd . , spoke to the Board in opposition to the proposed project because of the traffic and parking problems and the condition of the highway in the area . Town of Ithaca 4 Zoning Board of Appeals August 14 , 1991 Mr . Weisburd responded to the concerns that had been expressed . Thak Chaloemtiarana , 3 Pheasant Lane , stated that he is one of the parties that bought lot # 3 . He said that when they looked at the lot , one of the requirements that they had was that they would not have to park up on top of Taughannock Blvd . The reason they bought the lot was that they wanted to live there year round , not to rent it to students or for commercial development . He stated that it is a good idea when you have three properties together and develop it as one parcel , you can then make the driveway down to these three lots less steep . After further discussion , Chairman Austen closed the public hearing . MOTION By Mr . Edward King , seconded by Mr . Edward Austen . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Article IV , Section 16 , of the Town of Ithaca Zoning ordinance , to permit the creation of three building lots , which would be non - conforming in area and non - conforming at the street line in width , subject to all the conditions imposed by the Planning Board on the subdivision , except that their Condition # 3 be changed to the following . that there be only one dwelling unit in each of the residences to be constructed on the lot , thus permitting a total of three dwelling units on these three lots , and be it further RESOLVED , that the following conditions also be imposed . 16 that the other conditions , relating to erosion and sediment control plans , remain the same . 2e that no other variances will be granted and proof shall be submitted as to the existing lots being deeded as three different parcels . A vote on the motion resulted as follows . ® Ayes - King , Austen Nays - Hines . The Motion technically failed . Town of Ithaca 5 Zoning Board of Appeals August 14 , 1991 The next Appeal to be heard by the Board was the following . APPEAL OF FINGER LAKES MANAGEMENT CORP . , APPELLANT , R . JAMES MILLER , ESQ . , AGENT , REQUESTING VARIANCES FROM THE REQUIREMENTS OF ARTICLE V . SECTION 23 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CREATION OF TWO PARCELS WITH A LOT WIDTH AT THE STREET LINE AND A WIDTH AT THE MAXIMUM REQUIRED FRONT YARD SETBACK OF 60 . 01 FEET ( PARCEL # 2 ) AND 68 . 95 FEET ( PARCEL # 3 ) , RESPECTIVELY . SAID PARCELS ARE PROPOSED FOR SUBDIVISION FROM TOWN OF ITHACA TAX PARCEL NO . 6 - 33 - 3 - 1 . 2 , LOCATED ON THE WEST SIDE OF SEVEN MILE DRIVE APPROXIMATELY 660 FEET SOUTH OF ITS INTERSECTION WITH BOSTWICK ROAD , RESIDENCE DISTRICT R - 30 . SAID ORDINANCE REQUIRES A LOT WIDTH OF 100 FEET AT THE STREET LINE AND 150 FEET AT THE MAXIMUM REQUIRED FRONT YARD SETBACK LINE . Attorney R . James Miller requested an adjournment of the above Appeal and was granted same . The Appeal will be heard at a later date , with notification . The last Appeal to be heard by the Board was the following . APPEAL OF JULIAN D . LUFT , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTIONS 14 AND 16 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE ISSUANCE OF A BUILDING PERMIT FOR THE CONSTRUCTION OF A RESIDENCE ON A PARCEL OF LAND NOT FRONTING ON A TOWN , COUNTY , OR STATE HIGHWAY . SAID PARCEL IS LOCATED APPROXIMATELY 672 FEET WEST OF THE INTERSECTION OF ELM STREET EXT . AND WEST HAVEN ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 28 - 1 - 28 . 71 RESIDENCE DISTRICT R- 15 . Mr . Julian Luft , addressed the Board and presented a letter that he had written to the Board , dated July 31 , 1991 . The letter is attached hereto as Exhibit # 2 . Mr . Luft also presented a tax map showing the " not a Town Road " in yellow and his parcel and the Donald Henry , Jr . parcel in orange . The map is attached hereto as Exhibit # 3 . Chairman Austen read into the record a letter from Helen M . DeGraff , 122 West Haven Road , dated 25 July 1990 . The letter is attached hereto as Exhibit # 4 . Chairman Austen opened the public hearing . Mr . William Terwilliger , whose address is 620 Elm Street Extension for mailing purposes , explained that they really live on the road that Mr . Luft wants to build on . He stated that they would be very happy to have another neighbor move onto the road and look forward to the day when that road may be fully populated . ® Town of Ithaca 6 Zoning Board of Appeals August 14 , 1991 Mr . Robert Hedges , whose mailing address is 624 Elm Street Extension , would also welcome neighbors on that " Not a Town " road . Mrs . Elizabeth Terwilliger , 620 Elm Street Extension , spoke to the Board in favor of the proposed residence construction by Mr . Luft . Chairman Austen closed the public hearing . Discussion followed with Mr . Frost answering questions from Board members regarding the road . MOTION By Mr . Robert Hines , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Article IV , Sections 14 and 16 , of the Town of Ithaca Zoning Ordinance , to permit the issuance of a building permit to the applicant , Julian Luft , for the construction of a • residence on a parcel of land numbered 6 - 28 - 1 - 28 . 7 , as applied for , with the following finding : 1e that the existing roadbed would satisfy the requirements of Town Law Section 280A , subdivision 3 , for access by emergency vehicles ; 29 that the roadway is at least 20 feet wide and in good condition . A vote on the Motion resulted as follows : Ayes - Hines , King , Austen . Nays - None . The Motion carried unanimously . �f Connie J . lIolcomb APPRD : 62A4 Recording Secretary Edward Austen , Chairman To : Town of Ithaca Zoning Board of Appeals ® Re : Request for a variance from the requirements of Article IV , Section lb of the Town of Ithaca Zoning ordinance , to permit the creation of three substandard sized building lots at BB1 - BB3 Taughannock: Blvd , Town of Ithaca TaM Parcel s No . i - 25 - 2 - 18 , 19 , and 2C) . irate : August 14 , 1991 We , the undersigned , wish to register objection to the proposed modification of lot., lines . This modification would create three ( 3 ) " non - conforming " lot =_ where there once were only two ( 2 ) . In the past , the smaller lots # 1 ( No . 1 - 25 - 2 - 18 ) and # 2' ( No . 6 - 25 - 2 - 19 ) have in fact been owned and utilized as a single oroperty , with a single family summer cottage on it . Lot # 3 ( No . 6 - 25 - 2 - 20 ) is currently a legally " conforming " sized lot which has been vacant and unused for many years Your granting- o + this variance would allow for commercial development of these properties in a way which we feel will have detrimental impact on the area . Spec if ical 1 y 1 . It would allow someone to squeeze 3 homes into a space where there ought to be only 2 : Three docks and three ( 3 ) boathouses may occupy a shoreline where there now is only one dock: . 3 . Increased traffic congestion is to be e :: pected ; in spite of " drive - downs " , people invariably park: along Route 89 in the winter ; 4 . Noise pollution , which carries SO well across water , is likely to be exacerbated by the addition of 3 or 4 more gregarious , party - giving lake dwellers ; 5 . The situation is made even more critical by the intention to attach at least one subsidiary apartment to the building plans , further adding to the congestion ; b . Aesthetically , the crowding is bound to contribute to the tenement house kind of atmosphere that tends to pervade the southern shores of Cayuga Lak e . One cannot truly appreciate how limited a space these parcels occupy without actually seeing the land . To look at a map of the lot dimensions is misleading . Those maps do not show the significant proportions of space taken up by the creeks which border the north and south of the property lines ; they don ' t show the steep slopes which , by their very nature , result in substantial erosion of the land each year . Unfortunately , only one or two of the Town Planning Board members were able to see the land before the July 2 nd hearing on this matte= r . By a 5 to 3 vote , the planning Board gave preliminary approval to the lot line ® modification . It did so on the strength of the agreement that it would be a " tragedy " to have a residence built on Lot # 1 as it currently exists . ( That lot is 36 feet wide at the road and 40 feet wide at the lake . ) The assumption seemed to be that the Zoning Board would readily grant a variance to put a residence there . One would clearly need a variance in order to put up a building more than 10 feet wide ( given the 15 foot side yard requirement ) . Obviously that arguement fal 1 s apart if you refuse to grant such a variance . If change is necessary , whrat makes the most sense is the idea promoted by the Environmental Review Committee in it = .June 12 , 19.91 meeting . On this issue , the ER Committee reoort states , " We cannot really support creation of an additional non - conforming lot ; our preference would be to combine sites 1 and 2 into one conforming lot . . . . . " You will in effect achieve desirable lot sizes by maintaining the ordinances and not granting any further variances , either for modification of lot sizes or variances in yard sires , specifically side yard widths . We urge you to adhere to Your own good standards ! Name Address C�`�- C� ` Signed v 1, ./ �'S f�i �,,>✓ 4 / j� ;/". 506 / Z 77 3441, A41f r i� J JULIAN D . LUFT P . U . Box 6473 Ithaca , N . Y . 14851 ZONING BOARD OF APPEALS Town of Ithaca / 126 E . Seneca Street Ithaca , New York , 14850 Dear members of the Zoning Board of Appeals , The property on which we have been denied permission to build consists of 2 . 9 acres with 402 . 6 feet frontage on a private road . The private road shown on the survey -map submitted herewith was built in 1950 accord - ing to the Town specs . of that time . The right of way ( private read ) is 50 feet wide , " L " shaped , and intersects with Elm St . Ext . on one end and West Haven Rd . on the other . Except for the fact that the 50 foot wide right of way is not a public road , the property meets all other requirements of Article IV , Section 16 of the Town of Ithaca zoning ordinance . The drivable surface of this right of way exceeds the 15 feet required by the Town laws for emergency vehicle access . If we are unable to build on this 2 . 9 acre parcel , it would make the property both unusable and unmarketable . We are requesting a variance from the requirement and interpretation that building permits can only be issued for properties fronting on public reads . Such variance has already been issued to Donald Henry , Jr . on 24 October 1984 . His is the second house built on this private road . Our parcel was purchased frem. Mrs . Helen DeGraff in Oc6ober 1983 , before he received his variance . 2 J ® The Town of Ithaca ie receiving tax money from those of us who own land or have houses on this se - called " Not T Town Road, and would indeed get more taxes if we were allowed to build . Mrs . DeGraff , the owner of the right of way has offerred to deed the road today to the Town of Ithaca , and has been ready to do so for - forty years . If the Town of Ithaca does not want to accept title to this road from Mrs . DeGraff , and maintain it ( as we would prefer ) , then the Town should in all fairness declare the road acceptable for all building and R - 15 zoning . I want to close with repeating that owning a piece of property with vO which I can do nothing , and paying taxes on it , is a hardship I should not have to bear . Thank you for your understanding and consideration , and for a decision to let me utilize the property to build on . Ver sin erel yo JU IAN D . LUFT J L/Nee �K . . J .. . :y. STATE ROUTErob 79 702 po �v, 25 �" 404 0cd 26 .6 Asx• - C , ; 175 6. 4 AC Q 12 718 I 5 0' + 10 m I z 9 20.3 > • , 993. 44 1175 Q I 26 8 W. 75 175 O e 0 iy R-' � � \ 26 . I � 129 N .b9 �•� I / ` 26 . 2 400 300 $ 0 o - x ; 6. 21 : `:181 . 2 AC CAL 26 .4 0 26 .3n III 3. 4 Iu 224AC, 5 AC CAL AC CAL w R N 3 086, 22 0 " " 190 " 1 ,26 AC" 0 n 27 0 275 n 1605 I ! . 28 .1 106 N 2 . 6 :5 SEE MAP 29 ANAL.3at1 161 4 o28dr n O_ 157 _ I } ' 0 28 . 7 �- 28.2 2 .9 kd ZZ 33,45 AC. CAL, ,A1 "' o J' --, s � 11 � wkl °� ag 122 west Haven Road Ithaca , New York 14850 g� 5 July 1990 Julian Luft 210 Mitchell Street T thaca , ��ew York 14850 dear Mr . : cult : In answer to your telephone call oft J a1y , l a ^ ,r; illi 7 you to install a Sewer line from your =rertV or-ch of i:tenSiOn iOT .� -un ? 30Ut:7 line Of my rrvuerty t0 , ; est in nccCrdanc0 with '' own Of Ithaca razulationse I will also permit COriStrllCtlOri OI 2 read On the private _ lg O : way which abuts the west line of your acreage . ht such timie a ., you supply the Tcwn and me with a . lot plan snowing s lign^,: e -t ill be pleased to arrange to deed said right ov way to the `^cwn of Ithaca . Sincerely , 3elen M . DeGraff cc : er mown � gineer K . Silverstein