HomeMy WebLinkAboutZBA Minutes 1993-12-15 FINAL FILED
TOWN OF ITHACA
Date C
• TOWN OF ITHACA 0
ZONING BOARD OF APPEALS Clerk
DECEMBER 15 , 1993
The following matter was heard on December 15 , 1993 by the Board :
APPEAL ( Adjourned for a decision from December 8 , 1993 ) of Mr . John Lamb , Appellant ,
Richard Jump , Agent , requesting a variance from the requirements of Article IV ,
Section 11 , of the Town of Ithaca Zoning Ordinance , to be permitted to construct a
single - family residence with a building height of 51 + / - feet ( 30 feet maximum height
allowed ) at 901 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 25 - 2 - 41 , Residence
District R- 15 .
GRANTED WITH CONDITIONS .
FILED 1
TOWN OF ITHACA
TOWN OF ITHACA Date ON
0N
ZONING BOARD OF APPEALS o
• DECEMBER 15 , 1993 ClerkMA
PRESENT : Edward Austen , Harry Ellsworth , Edward King , Pete Scala , Town Attorney
John C . Barney , Zoning Enforcement Officer/ Building Inspector Andrew
Frost .
ABSENT : Robert J . Hines .
OTHERS : Dr . John Lamb , Edward C . Hooks , Esq . , Jeannine Lamb , John Lamb , Dave
Geiger , Richard Jump , Peter Novelli , PE .
The adjourned meeting of December 8 , 1993 was called to order at 7 : 22 P . M . to
continue with the following Appeal :
APPEAL of Mr . John Lamb , Appellant , Richard Jump , Agent , requesting a
variance from the requirements of Article IV , Section 11 , of the Town of
Ithaca Zoning Ordinance , to be permitted to construct a single- family
residence with a building height of 51+/ - feet ( 30 feet maximum height
allowed ) at 901 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 25-2-41 ,
Residence District R- 15 .
Chairman Austen commented that there was quite a bit of work done on the model ,
and , although he did not count the number of names on the list , it was impressive .
Mr . Novelli said there were 68 names . He said he did what he did so that he might
• get all the questions answered in one place , for example , the concerns of the
landscape plan , the neighbors views , the pictures and so forth . He hopes that it
will save time , and Chairman Austen said that he also hopes that it will save time .
Chairman Austen said he . went to the east shore to look at the site from there ,
and as the house stands right now , it is quite obvious . Mr . Scala said that you
needed a pair of binoculars and that today was not a good day to look because it was
quite hazy . Chairman Austen said he did have a pair of binoculars because he wanted
to get a better look and see what it looked like with the rest of the surroundings- -
the structure to the south of it and a couple of structures that set back in to the
north . Chairman Austen said the planting certainly would be a big asset in hiding
it , especially from the lake view . Chairman Austen said , however , it just was not
good weather to take a boat out on the lake .
Mr . Hooks said that the pictures that Mr . Ellsworth is looking at , are houses on
the other side of the lake . He continued that the reason that some of the pictures
are there is they show how the foliage and existing vegetation can , in fact , hide the
view and that these pictures are here to address some of the concerns that have been
expressed by the Board .
Mr . Scala wanted to ask a couple of questions for clarification . Mr . Scala said
that he presumes the two issues involved are ( 1 ) the height variance and ( 2 )
minimizing adverse impact and existing residential neighborhoods . Mr . Scala said he
questions why the Board is looking at the height variance . Mr . Scala said that if
one was to take the rules on height here , it assumes level ground , not a slope . Mr .
Scala said that if he averaged out the slope it would be by no means that excessive .
He continued that if one takes the measurement that is there now , it would measure 50
feet which is nonsense because one would have to take either a mean or an average
elevation on the house . Mr . Scala said that it does not make sense to interpret the
rule of height as the lowest point on the lake to the highest point on the house .
Mr . Scala said that , in other words , height is being interpreted here , and he said he
disagrees . Mr . Scala said the average height of the house is far from 50 feet when
one averages out the slope .
-Town of Ithaca 2
Zoning Board of Appeals
December 15 , 1993
Mr . Novelli used the model to demonstrate the way by which the height is
averaged , and Mr . Scala agreed with the points and wanted to know how the average was
relative to the maximum allowed in the "own . Mr . Scala said that it cer,a_n-y was
not the 50 feet , wanting to know the right figure . Mr . Novelli said it - s so�ewhere
between 30 and 32 feet- - an average Grade to +- e height of the roof . Mr . Scala said
that he thinks the Board has run into this before , and , in this area , one is dealing
with such incredible slopes . Mr . Scala said that someone had said it is a 50 percent
slope and that is roughly 25 degrees , and he continued that the slope looked even
greater than that . Mr . Scala said he was only looking at where it was cut out to get
the materials down the hill . Mr . Scala said it is very impressive , and it is a slope
so steep that one cannot use the regulation relevant to the way the ordinance reads .
Mr . King said that he did not see how the Board can change the ordinance . Mr .
Scala said he is not changing the ordinance . Mr . King read , " Page 2 . Paragraph 4 . c .
Definition . Height from the lowest exterior grade as it relates to a building means
the vertical distance from the lowest point of the exterior finished grade from the
lowest point which is down the hill at the face of the building to the highest point
of the roof excluding chimneys . "
Mr . Scala said that you are allowing for two floors , and he asked if it made
sense . Mr . Scala said judgment had to be used somewhere . Mr . Scala said the Board
can read the letter of the law , but horse - sense has to come in somewhere . Mr . King
said that that is what the Board is doing , and Mr . Scala said that he did not agree .
Mr . Frost said that he thinks the argument suggests that the slope is what is
contributing to the height problem and if Dr . Lamb builds up the grade on the
downhill side you have not necessarily picked up the mass of the building and the
visual impact . Mr . Frost said , but , the way the Town measures height , it is clearly
the problem with the severe slope .
Mr . Jump stated that , in a sense , part of the discussion and part of , perhaps the
principal point here , is that it does indicate that this is a rather unique circum-
stance that the Board is faced with , given this slope . Mr . King said that the
situation is the same for , probably , a mile up and down the lake . He said it
certainly is not that unique . Mr . King said that height variances have certainly
been granted because of a slope and a building on a hill , but in a 6 - 7 foot variance ,
the Board yielded to giving the variance only after some considerable discussion .
Mr . Scala said this has not been done along the lake . Mr . Frost said this height
variance at 51 foot is clearly the largest height variance asked for a residential
building . Mr . Scala said that is only because it is not steeper , and he said that if
it was steeper , it would be more than 51 feet . Mr . Frost said that generally the
slope has been the problem with all the height variances .
Attorney Barney said that as part of the architect of the language in the zoning
ordinance , the Town attempted to , in exchange for using something like an average
grade which is very difficult to define and difficult to detect or formulate , go for
a slightly larger height . He said he thinks the Town used 34 feet for the interior
height in exchange for being able to measure for precise points- - barely discernable
points . He said that as he remembers the discussion with the Codes and Ordinances
Committee , there would be situations in the Town of Ithaca where this height will not
work in a typical situation . It may not work where there is a substantial , or even
an insubstantial slope , and that that is what Boards of Zoning Appeals are there
for- - to deal with those kinds of situations where , under law , deviation would be
acceptable or permissible without really doing great violence to the intent of the
Ordinance . Attorney Barney said there is a precision of measurement with the
*Town of Ithaca 3
Zoning Board of Appeals
December 15 , 1993
opportunity to come to the Board of Zoning Appeals , and that is what brings Dr . Lamb
here tonight . Attorney Barney said he agrees with Mr . King that the Board cannot
rewrite the Ordinance , as much as the Board would like to rewrite it and talk about
an average , but that is not the language of the Ordinance . He said that that
language was expressly considered and rejected . Attorney Barney said that , on the
other hand , he did not think there was a sense by that group , and ultimately the Town
Board , when they adopted this legislation , that a variance of 51 feet would not
necessarily be appropriate given a certain circumstance . He said that it was up to
this Board to use the criteria that is the Town law to make the determination .
Mr . Ellsworth asked about the November Appeal that had such a steep slope . Mr .
Frost said he believed it was around 41 feet , and Chairman Austen said it was a very
minor part of the building . Mr . Ellsworth said that it was still very similar
circumstances . Attorney Barney said this Board also granted a height variance for 70
or 72 feet for an Ithaca College structure , and , although it is not residential ,
Attorney Barney said it still has the same height limitation . According to Attorney
Barney , the Board took into consideration where it was located and decided that the
72 feet was not inappropriate in that circumstance .
Mr . Hooks asked for a point of clarification regarding Mr . Frost ' s reference to
51 feet . Mr . Hooks said they have been working with what they believed to be about
45 feet . Mr . Frost said that was the point he called Mr . Novelli on . Mr . Frost said
that the way he scaled it , it came out to be more closely to 41 or 43 feet . He said
when you take the grade at the downhill side of the column , when the upper level of
the building is cantilevered over the foundation , measuring that as the lowest grade ,
• then you get the 51 feet . Mr . Frost went to the model to show Mr . Hooks what point
he was talking about . Mr . Frost said if the measurement is from the floor , - it is
either 41 or 43 feet , and he said if you measure from the column , you gain the extra
height to 51 feet . Mr . Hooks said the posts shown gives the 51 feet , and Mr . Frost
said that adds to that total height . Mr . Frost said the Board had discussed that
building some kind of a retaining wall around those columns would effectively raise
the height measurement and would not necessarily change the building . Chairman
Austen said that he did not see how that would change the impact of the building and
that the plantings would do more to change the impact than raising the ground level .
Mr . Ellsworth wanted to know what are existing plantings and what would be new
plantings and if the size shown on the model is the size that will be planted or is
that the size they would grow to be . Mr . Geiger said that only the patch in the
middle would be what is missing . He continued that all the rest exists and the
plantings are to scale with the house . Mr . Geiger said he tried to err on the
smaller side and not to exaggerate the whole thing . Mr . Frost said the cleared
patch , in truth , almost goes from one corner of the building to the other . Mr . Geiger
disagreed and used the model to illustrate his point . Mr . Jump said the front of the
building is 48 feet long and the opening is approximately 10 feet . A general
discussion followed about having pictures of the area in question .
Mr . King addressed Mr . Ellsworth ' s question about the November appeal which dealt
with a widow ' s walk which was on a house in the middle of 40- some acres , up in the
back woods , which was not highly visible from anywhere . Mr . Scala said the Lamb
house is not visible from anywhere either . He said one has to be swimming out in the
® middle of the lake to see it . Mr . Scala said that from where you see the house , one
would never know the height of the house - - certainly from the road , you would not know
it from the lots on either side , and to see the house , he agreed that Mr . King is
correct , one would have to be out on a boat . Mr . King said that was so , including
living across the lake from it . Mr . Scala said you cannot see anything
.Town of Ithaca 4
Zoning Board of Appeals
December 15 , 1993
from across the lake except with a high- powered scope . Mr . King agreed and added
that was correct , at this time . Mr . Hooks said that Dr . Lamb went to the people who
live across the lace on East Shore Drive and he said the people ' s initial reaction
was , " Why are you even here ; we can ' t even see what it is . " Mr . Hooks said Dr . Lamb
had the model , showing exactly what is going to be built , and these peoplesletter
are among those in Exhibit C , showing no opposition . Mr . Scala said he was above
this place on Sunday , a beautiful clear day , and nothing could be seen , by eye , down
in that direction . Mr . Scala said that it could be picked out with a scope , but it
could be barely found because of the raw cut . Mr . Scala said the house cannot be
seen unless one was dead- smack in front of it and out on the water , where the
population is rather low . Chairman Austen said that , at this point , only the
foundation is being looked at , and there are two levels to go above it . Chairman
Austen said the area can be spotted fairly well by looking at the home to the south
of it which is quite massive .
Mr . King wanted to know which exhibit shows the planting plans for vegetation ,
and Mr . Hooks said that was Exhibit E . He said there is a map of the current
vegetation and one of what is going to be added . Mr . Hooks said there should also be
a description of what those various plants are and give the Board some indication of
what the height will be upon maturity . Mr . King asked if there was any question as
to Exhibit E . and Mr . Hooks wanted to know what Mr . King wanted to know . Mr . Hooks
said that if the question was if it was going to be done , Mr . Hooks said it is his
understanding that Exhibit E is exactly what the plans are and that there is no
intent to deviate from that . Dr . Lamb said Mr . Hooks ' s statement was correct . He
continued that that was what Mr . Geiger was hired for, and he said that , from the
beginning of the project , it was specified that the builder had to be very careful
not to disturb the existing trees . Mr . King said that the vegetation schedule was
not previously presented to the Board and that this is the first time the Board has
seen it . Mr . King said he thought about the high columns rising up and the effect
they might have from the lake since the house would be up on a bluff above the
shoreline . Mr . King said he believed that the only way to mitigate that is by
vegetation , not only on the east side ( the front of the house ) but also along the
north and south sides .
Dr . Lamb said that the trees were the beauty of the lot , and he said that was
why , from the beginning , he decided to take down only what was absolutely necessary
to put the house in place . Dr . Lamb said that the downed trees were taken down for
that purpose and no other ones were planned to be taken down . Dr . Lamb said that he
wants to protect the remaining trees because he does not want to have to be looking
at the neighbors and that is why they are all kept in place . Dr . Lamb said there is
that little 10 foot opening so , from that great room he can look out at the lake so
there would be a view . Dr . Lamb said all the other trees are for his benefit as well
as for the benefit of others . Mr . Hooks said the Board can get an idea as to how
dense it remains by looking at the pictures attached to Exhibit D , numbered 3 and 4 .
Mr . Hooks said the pictures give some perspective , albeit the pictures are copies .
Mr . King asked what would be the house ' s exterior finish , and Dr . Lamb said it
will be a gray- stained cedar siding with white trim .
Mr . Scala asked if Dr . Lamb was familiar with the cantilevered , octagon house
just above the Yacht Club , and Dr . Lamb indicated that he was . Mr . Scala said that
house is 110 feet if the columns are included . Mr . King asked if that was from the
ground up , and Mr , Scala indicated that it was . Mr . Hooks then said that it was not
in the Town of Ithaca , and. Mr . Scala said that it was in the community . Mr . Scala
said this was a precedent . He continued that if anything is built with an overhang
Town of Ithaca 5
Zoning Board of Appeals
December 15 , 1993
( Carl Sagan ' s cantilevered house on Cayuga Heights Road , for example ) it certainly is
not objectionable , although , admittedly that if one was down on the canal somewhere ,
one could look up high enough , although , Mr . Scala continued , he doubts it . Mr .
Scala said this is the method of construction that is upcoming where there are very
steep slopes . He said if columns are counted in the height , then there are some
enormous numbers that are never going to be met by any kind of ordinance or code .
Mr . King clarified Mr . Scala ' s remarks in that he was speaking of support columns .
Mr . Scala said that was correct , and Mr . King said that he did not believe these were
support columns . Dr . Lamb said the columns are support columns . Chairman Austen
said the columns are to hold a cantilevered part . Mr . Jump said the area in question
is boxed- in columns - - - timber , clad in cedar . Mr . Jump said they support the great
room .
Mr . Ellsworth went back to discuss the planting plans , asking if the heights on
the plans are the planted heights , and Mr . Geiger said the heights shown are the
heights the trees and shrubs will grow to . He continued that some of the trees are
already 8 - 10 feet tall . Mr . King asked if Dr . Lamb was familiar with the presenta-
tion that Dr . Lamb ' s attorney prepared and Mr . King wanted to know if Dr . Lamb had
any quarrel with it or if he accepted all the statements in it . Mr . King said that
it is going to be part of the record , and he wanted to be sure that Dr . Lamb was
aware of it . Dr . Lamb said that he agreed with the presentation .
Mr . King wanted to discuss the side yard setback , and he reviewed the plot plan .
He said it looked like the side yard setback is approximately 25 - 28 feet from the
south side lot line , with the requirement being 15 feet . He continued that location
is on the generous side for the south side side yard setback regulations . Mr . King
said that , on the north side , it is 29 - 30 feet , making both side yards generous . Mr .
King said this fact was alluded to in the previous meeting , and he believes it was
also pointed out that there are drainage gorges , both north and south of this lot . A
picture was provided by Dr . Lamb showing the drainage gorge on the south side .
Chairman Austen said there was also a ravine on the north side of the lot . Dr . Lamb
said the ravine was pretty much identical to the picture of the one to the south , but
Chairman Austen said that he believes the one on the north is a bit larger . Mr . King
said all of these factors seem to mitigate the impact regarding the immediate
neighbors . Dr . Lamb said that he wanted to bring to the Board ' s attention that the
houses on both sides are set in front of the house he is building inasmuch as when
they look out to the lake or to the side towards Ithaca , they will see water . Mr .
King asked if those houses were located further down the embankment , towards the
lake , and Dr . Lamb said they were . Mr . Scala asked if the closest building , looking
south , is a boat house , and Dr . Lamb said that was a house . Mr . Ellsworth wanted to
know if someone was living in it , and Dr . Lamb said the owner lives in the one on the
water and rents the two above him . Mr . Ellsworth said the top structure must be
behind Dr . Lamb , and Dr . Lamb said that was true . He said the top structure is right
on the road . Mr . Ellsworth said that , they would- - looking out to the side - -be able
to see Dr . Lamb ' s house , and Dr . Lamb said that would be true .
Chairman Austen said the Board has a Motion tabled on the environmental impact .
Mr . King asked if the motion was for a positive declaration . Chairman Austen said
that was correct , and he asked if there was any more discussion on the matter .
Attorney Barney said that , procedurally , the Board has to bring the Motion off the
table and then proceed .
Environmental Assessment
MOTION
By Mr . Harry Ellsworth , seconded by Mr . Pete Scala .
Town of Ithaca 6
Zoning Board of Appeals
December 15 , 1993
• RESOLVED , that the Motion regarding the Environmental Assessment Form be removed from
the table from the meeting of December 8 , 1993 .
A vote on the motion resulted as follows :
AYES - Ellsworth , Scala , King , Austen .
NAYS - None .
The Motion carried unanimously to remove the Motion from the table .
Mr . King discussed if the motion is for the Board to make a positive declaration ,
and Mr . Ellsworth said that was correct . Mr . King said he believes the Board has
enough evidence , indication , and intent to plant the area sufficiently , referring to
the items in Exhibit E , indicating that the impact of the excessive height of the
building could be substantially mitigated , if not totally eliminated , to condition
any variance on sufficient plantings to mitigate it so that he believes the positive
declaration is inappropriate in this particular case . Therefore , Mr . King said that
he does not believe Mr . Ellsworth ' s motion should be successful .
MOTION
By Mr . Harry Ellsworth , seconded by Mr . Pete Scala .
RESOLVED , that the December 8 , 1993 Motion regarding a positive declaration for the
Environmental Assessment Form be withdrawn .
A vote on the motion resulted as follows :
AYES - Ellsworth , Scala , King , Austen .
NAYS - None .
The Motion to withdraw the Motion for a positive declaration on the Environmental
Assessment Form carried unanimously .
MOTION
By Mr . Harry Ellsworth , seconded by Mr . Pete Scala .
RESOLVED , that the Board make a negative declaration of Environmental Impact for Dr .
Lamb ' s Appeal for the property at 901 Taughannock Boulevard based on the report ,
exhibits and the planting plan as shown on the model , with the following findings :
1 ) That the plans , if carried out , would eliminate any significant environmental
impact .
2 ) That the plantings are going to hold the soil .
3 ) That the plantings are going to mitigate the height by 10 feet when they are
planted .
® 4 ) That the planting plan list , as particularly listed in Exhibit E , is carried out .
A vote on the motion resulted as follows :
.Town of Ithaca 7
Zoning Board of Appeals
December 15 , 1993
• AYES - Ellsworth , Scala , King , Austen .
NAYS - None .
The Motion carried unanimously for a negative determination of environmental impact .
MOTION
By Mr . Edward King , seconded by Mr . Pete Scala .
RESOLVED , that the Board grant the Appeal of John Lamb , Appellant , which is a height
variance from the requirements of Article IV , Section 11 , of the Town of Ithaca
Zoning Ordinance , for the construction of a single - family residence with a building
height of 51 + / - feet ( 30 feet maximum height allowed ) at 901 Taughannock Blvd . , Town
of Ithaca Tax Parcel No . 25 - 2 - 41 , Residence District R- 15 , with the following
findings :
1 ) That this variance is permitted as presented in the Appellant ' s plans and in the
scale model .
2 ) That the height variance along the easterly , exterior portion of the property
might be as much as 51 feet , but is generally in the neighborhood of 42 - 45 feet .
3 ) That the 51 feet height variance is measured from the base of the column to the
peak of the roof and is not being measured from any other point , making the 51
feet the maximum height allowed .
4 ) That the considerable benefit to the Appellant in granting the variance is
consideration of the fact of the extensive plans that have been undertaken .
5 ) That the detriment to neighboring properties can be mitigated and is seemed to be
not too significant , as evidenced by the numerous letters presented in the
presentation on the Appellant ' s behalf .
6 ) That the best method to achieve mitigation would be achieved by plantings and
trees about the house .
7 ) That , due to the extreme slope ( 500 ) of the lot , it would seem that although the
height variance is probably the greatest ever granted by this Board for a
residential construction , it appears to be the minimum variance that would be
necessary and adequate to enable the Appellant to construct a house and still
preserve and protect the character of the neighborhood .
8 ) That the construction process and the subsequent plantings have emphasized a
minimum adverse impact on the terrain on the area .
Conditions of the granting of the height variance are as follows :
1 ) That the planting proposal and schedules which the Appellant presented as Exhibit
E in the presentation will be carried out .
Is
2 ) That if the review of the plan by the Town of Ithaca Planning Department and , in
consultation with the Appellant , a revision is thought to be reasonably required
in any particulars , there should be some control and cooperation with the Town
Planning Department to figure out whether the proposed plantings will , indeed ,
mitigate the height impact of the house .
-Toim of Ithaca 8
Zoning Board of Appeals
December 15 , 1993
• 3 ) That the Town of Ithaca Planning Staff has approved the planting schedule and
that the planting will be carried out as expeditiously as possible with the
Appellant making such a commitment to the Planning Department . Any changes to
the schedule desired by the Appellant should be in written form to the Planning
Department .
4 ) That a Certificate of Occupancy will not be issued until the Town staff has
indicated reasonable satisfaction that the planting schedule is being carried
out .
5 ) That before a permanent Certificate of Occupancy is issued the plants will be in .
6 ) That the Certificate of Occupancy can be revoked if the plantings are not
completed by December 31 , 1994 .
Discussion followed about the date and completion schedule of the plantings .
Attorney Barney said there is authority in the Town ' s Ordinance that a temporary
Certificate of Occupancy is allowed for up to six months after the house is completed
( which allows one to get into the house ) and that six months should carry well beyond
the Fall of 1994 . Dr . Lamb asked if that might be a problem at the bank getting a
mortgage , and Attorney Barney said that he believes that a temporary Certificate of
Occupancy could be obtained with the only condition being the installation of
plantings . Dr . Lamb asked if it would be better to put a date in , and Attorney
Barney said that point is not being argued but that , mechanically , once the permanent
Certificate of Occupancy is issued , the Town ' s involvement is much reduced . Mr .
® Scala said that successful plantings should be done before the end of the Fall of
1994 , and Attorney Barney said that if a temporary Certificate of Occupancy is used ,
you are adding 8 months plus 6 months , and the Board is really into March of 1995 .
Attorney Barney said that Dr . Lamb should adequately be covered with that . Dr . Lamb
asked if a bank mortgage could be obtained with a temporary Certificate of Occupancy ,
and Attorney Barney said that he assumes the bank will approve a construction
mortgage and that the only holdup might be the final draw . When asked what bank was
involved , Dr . Lamb said it was Cayuga Mortgage Company . Attorney Barney said that he
did not believe there should be any problems with them . Attorney Barney said that if
that becomes a problem , Dr . Lamb could come back to this Board and then get that
condition waived .
Mr . King said that he included in the motion that with the planting commitment
made to the Planning Department , changes that might be desired should be put in
writing , and that the Planning Department would know that the planting has to be in
by a certain time . Attorney Barney said that he was looking at it from the point
that if the commitment was not honored , the choices of the Town are basically if the
Certificate has been issued , the Town has to bring an action for specific performance
in trying to kick somebody out . Mr . Hooks wanted to know if the Board is asking that
the landscape plans be approved by the Planning Department , and he continued that the
planting plan is submitted to the Board as part of Exhibit E . Attorney Barney said
the problem with that is the Town ' s Planning Department has not yet seen the plan ,
and Attorney Barney said the Town ' s Planning Department can see the plan tomorrow or
next week . Attorney Barney said that kind of approval can be done very quickly , and
he said that if there is any problem with the approval , Dr . Lamb will know it very
quickly . Attorney Barney said he is hearing that the plants cannot be planted , with
good results , until October , 1994 and that is what the time is needed for the
accomplishment of the planting . Attorney Barney said that he believes that the
approval of the plan itself can be accomplished quickly . Mr . Hooks reviewed that ( 1 )
the Planning Department will look at the planting / landscape scheme and ( 2 ) make sure ,
'Town of Ithaca 9
Zoning Board of Appeals
December 15 , 1993
once the plans are approved , that the plants are planted by December 31 , 1994 . Mr .
King said this was correct , with the understanding that the Planning Department can
require changes if it thinks something is not appropriate . Mr . Hooks asked for
clarification if , for example , the Planning Department required replacing a planting
with a redwood planting , it would be a bit problematic . Attorney Barney said that ,
if that were the case , Dr . Lamb would always have recourse to come back to this Board
if he thought the Planning Department was being contrary . Attorney Barney suggested
that Dr . Lamb conduct his conversations directly with the Town Engineer who is
supervising the Planning Department until a new Planner is hired .
A vote on the motion resulted as follows :
AYES - King , Scala , Ellsworth , Austen .
NAYS - None .
The Motion carried unanimously .
With no further business , the meeting was adjourned at 8 : 10 P . M .
Roberta H . Komaromi
Recording Secretary
�ffdward Austen , Chairman