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HomeMy WebLinkAboutZBA Minutes 2008-09-15 FILE DATE TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 15 , 2008 7 : 00 P . M . 215 NORTH TIOGA STREET ITHACA, NEW YORK Present: Kirk Sigel , Chair; Members : Harry Ellsworth , Ron Krantz, James Niefer and David Mountin Staff: Bruce Bates , Director of Code Enforcement ; Susan Brock , Attorney for the Town ; Paulette Neilsen , Deputy Town Clerk and Christine Balestra , Planner Applicants/Others : Charles Brittain , George Bayers , Ivan Tomich , Donna & Gary Duffy and James Clark Chairman Sigel opened the meeting at 7 : 00p . m . and announced that there were four appeals scheduled for the evening . APPEAL of Harriett & Charles Brittain , Owners/Appellants , Jill E . Fudo , Architect, Agent, requesting variances from the requirements of Chapter 270 , Article IX, Section 270 -71 ( C ) and Article XXV, Section 270=205(A) of the Town of Ithaca Code, to be permitted to construct a 12D+/= square foot addition on the south side and to enclose an existing 111 +/= square foot porch on the west side of a residence located at 214 Forest Home Drive , Town of Ithaca Tax Parcel No . 66=2- 11 , IViedium Density Residential ( MDR) Zone . The residence is an existing non-coniforming structure , as it does not meet the 15-foot required side yard setbacks for structures in the MDR Zone . The proposed south side addition will further encroach into the side yard setback. The proposed porch enclosure (to create habitable space ) will also encroach into the side yard setback and its alteration to habitable space may result in an increase in the non-conformity. Charles Brittain gave a brief over view of the project. Mr. Brittain clarified for the Board that the porch was already enclosed , it is not heated , but is enclosed . He also noted that the addition will not encroach any more than another section of the house . One section is 6 . 5 feet from the property line and the addition will actually be 7 feet from the property line . The Board asked if the neighbors had been informed and if so , were there any objections . Mr. Brittain stated that this was his wife 's project and she had talked to the neighbors . He also indicated that one of his neighbors was present. ZBA Final 9 . 15 . 08 31TAU Pg . 2 (v.aldwpp�Yp W N�I�(9f�j Chairman Sigel stated that he had looked at the property and it is screened from the road and the new addition will not be , seen from the road and he thought it would be screened from the neighbor also . Ms . Balestra stated that Staff had no concerns regarding the proposal . Chairman Sigel opened the public hearing at 7: 10 p. m. Mr. Bayer, a next door neighbor, addressed the Board . Mr. Bayer had concerns about the 30 +/- year old Yew trees that are located between the two properties . The tree trunks are in his yard with significant overhang into Mr. Brittain ' s . He was concerned the excavation and/or machinery will damage the trees . He was also concerned about the removal of the concrete pad because of the limited space to do any type of demolition and the damage to the Yews . Mr. Bayer was also concerned about the addition of 2 windows facing his property and the loss of privacy and/or light pollution . Chairman Sigel thanked Mr. Bayers . There was no one wishing to address the Board and Chairman Sigel closed the public hearing and brought the matter back to the Board . The Board asked Mr. Brittain about Mr. Bayers concerns . Mr. Brittain stated that he also liked the Yews and they would try not to disturb them too much . He noted that the construction equipment would be coming in around the back and he hoped they would not cause damage . The contractor, Ivan Tomich concurred that his equipment is small and . they would try not to damage the trees . He did state they would probably have to trim a few branches that right now hang into the space the addition will occupy. The Board . asked about the foundation . Discussion followed regarding the need for footer walls torsupport the slab and the fact that this excavation would disturb the: root system . There would be no way around that . It was determined that the. contractor had a small excavator with a 12 " bucket which would minimize the chance of "over digging " . ADOPTED RESOLUTION ZBA RESOLUTION NO . 2008 — 061 Area Variance Harriett & Charles Brittain 214 Forest Home Drive Tax Parcel # 66 . -2- 11 September 15 , 2008 Motion made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED that this Board moves to grant the appeal of Harriett and Charles Brittain requesting variances from the requirements of Chapter 270 , Article IX , Section 270- 71 ( C ) and Article XXV, Section 2707205 ( A). of the Town of Ithaca Code , to be permitted to construct a 120 +/- square foot addition on the south side and to enclose an existing ZBA Fin;31 9 . 15 .08 Pg . 3 111 +/- square foot porch on the west side of a residence located at 214 Forest Home Drive , Town of Ithaca Tax Parcel No . 66-2- 11 , Medium Density Residential ( MDR) Zone . The residence is an existing non-conforming structure , as it does not meet the 15-foot required side yard setbacks for structures in the MDR Zone . The proposed south side addition will further encroach into the side yard setback . The proposed porch enclosure to create habitable space will also encroach into the side yard setback and its alteration to habitable space may result in an increase in the non -conformity 'with the following : Conditions : 1 . That the addition and conversion of the porch be performed as indicated on plans submitted by the applicant to this Board , more detailed plans need to be submitted to the Building Department as well as information on the contractor of record , and 2 . That the Yew trees along the south-side of the house will be pruned back as little as possible during construction and the contractor shall utilize machinery and methods that will result in as little damage as possible to the root structure of the Yew trees , and With the following : Findings : 1 . That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community , specifically ; the benefit that the applicant wishes to achieve can not be achieved by any other feasible means given that the lot is a narrow, small lot in an old neighborhood , this would appear to be the best , if not only, location for this type of addition , and 2 . There will not be an undesirable change in the neighborhood character or to nearby properties given that the addition will not be visible from the front of the house and will be only modestly visible from one side of the house , and is screened from the nearest neighbor by substantial vegetation , and 3 . That the request is not substantial , given that the house already encroaches further into the side yard setback than this addition will encroach , and 4 . That there will not be adverse physical or environmental effects , and 5 . The alleged difficulty is not self-created given that homes in this neighborhood predate zoning . ZBA Final 9 . 15 . 08 Pg . 4 The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz, Neifer and Mountin NAYS : None The motion was carried unanimously . APPEAL of Donna Duffy, Owner/Appellant, requesting variances from the requirements of Chapter 270 , Article VIII , Section 270 -55( I ) of the Town of Ithaca Code , to be permitted to continue operating an equestrian facility that boards and trains horses on a property located at 340 Warren Road , Town of Ithaca Tax Parcel No . 68= 1 -2 , Low Density Residential ( LDR) Zone . The equestrian use previously operated under a seven year time - limited use variance last granted by the Zoning Board in 2001 (expired July 2008) . The Town Code was updated in 2004 to allow equestrian facilities in the LDR Zone by Special Permit of the Planning Board , subject to four criteria . The property received Special Permit approval , with conditions , by the Planning Board on August 19 , 2008 . The property, however, does not meet the required four criteria : the lot size is not at least two acres in size , there is less than the 50-foot required buffer around the perimeter of the lot, the buildings housing the horses are closer than the 100 -foot required setback from the lot line and/or street line , and manure is stored within 100 feet of the lot line and/or street line. Gary & Donna Duffy, Applicants Ms . Duffy appeared before the Planning Board two weeks ago and was given a Special permit , with conditions to continue operating . The Zoning Board needs to grant her 4 variances to complete the requirements . The Board asked if anything had changed in the intervening time . Ms . Duffy replied no , except that business is slower. The Board was concerned about the permanence of the variances . Harry Ellsworth asked if there had ever been any complaints and it was stated that there have never been any complaints regarding the farm or its appearance . Some on the Board assumed there would be a time limit on the approval and Ms . Brock explained that there would not be . The Board is deciding on area variances . Equestrian Centers are now a permitted use by Special Permit with 4 criteria being met . These are the criteria that they need variances for. The Board was concerned if the Duffy' s sold the business/property, the next people may not run such an exemplary farm . Discussion followed regarding conditions that could be imposed to mitigate those concerns . James Niefer was concerned that the Country Club was not aware of the permanence of the variance . He asked who had received the notice and Ms . Neilsen located the posting and publication and assured him the Country Club was notified . ZBA Final 9 . 15 . 08 Pg . 5 Chairman Sigel asked Ms . Brock if it was permissible to condition the variances on the golf course being there as a buffer. Ms . Brock thought that it would be appropriate because there are buffer requirements and they can ' t meet that requirement and are using the golf course as the buffer. Chairman Sigel thought that it was an unusual requirement because it is not under the owner' s control and Ms . Brock agreed . Harry Ellsworth mentioned that this would be in existence before any houses that may be built so they would know what their neighbors were . Chairman Sigel agreed but thought that given the substantial deficiencies in the requirements , it was appropriate . Ms . Duffy also thought it would be a time- limited variance and Chairman Sigel explained the difference . Ms . Duffy wouldn 't object to a time limit if that was allowed . There was additional discussion on how and why to tie the approval in with the continued existence of the golf course . Ms . Duffy didn ' t think another equestrian center would operate there . Hers is very specialized , there are no trails etc . that general equestrians would want . Ms . Brock noted that a new owner could come in for a variance subject to the conditions at the time , whether houses were now there or the golf course . There was a question about sewer lines and where they were . There is no public sewer to the property now and that is one of the criteria having a requirement of 3 acres . The posting and publication stated "at least 2 acres" and Ms . Brock determined that that was still a truthful statement and the appeal could continue without the need for rescheduling and republication . Chairman Sigel opened the public hearing at 8 : OOp . m . There was no one wishing to address the Board and the public hearing was closed . Discussion continued regarding the golf course and its use as a buffer. Ms . Balestra noted again , that the use of an equestrian center is an allowed use in the zone . Ms . Brock state that the Board could come up with conditions regarding the upkeep of the facility so if future owners did not keep it sanitary, that would be a violation and the variances could be revoked . Chairman Sigel and Ms . Balestra discussed and determined the actual setbacks for the resolution . Staff had no concerns regarding the environmental assessment . ADOPTED RESOLUTION ZBA RESOLUTION NO . 2008 — 062 SEAR Donna Duffy 340 Warren Road Tax Parcel No . 68 . - 1 -2 September 15 , 2008 Motion made by Kirk Sigel , seconded by Ron Krantz . ZBA Final 9 . 15 .08 Pg . 6 RESOLVED that this Board makes a negative determination of environmental significance in regard to the appeal of Donna Duffy for the reasons stated in the Part II Environmental Assessment Form prepared by Town Staff. The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz, Neifer and Mountin NAYS : None The motion was carried unanimously . ADOPTED RESOLUTION ZBA RESOLUTION NO . 2008 — 063 Area Variance( s ) Donna Duffy 340 Warren Road Tax Parcel No . 68 . - 1 -2 September 15 , 2008 Motion made by Kirk Sigel , seconded by Ron Krantz . RESOLVED that this Board grant the appeal of Donna Duffy, requesting variances from the requirements of Chapter 270 , Article VIII , Section 270-55 ( I ) of the Town of Ithaca Code , to be permitted to continue operating an equestrian facility that boards and trains horses on a property located at 340 Warren Road , Town of Ithaca Tax Parcel No . 68- 1 - 2 , Low Density Residential Zone . The property received Special Permit approval with conditions by the Planning Board on August 19 , 2008 . The property, however, does not meet the required four criteria : the lot size is not at least three acres in size , there is less than the 50 -foot required buffer around the perimeter of the lot , the buildings housing the horses are closer than the 100 -foot required setback from the lot line and/or street line , and manure is stored within 100 feet of the lot line and/or street line . With the following : CONDITIONS : 1 . That there shall be no more than 15 horses boarded on the premises at any given time , and 2 . That there shall not be more than 20 horses on the premises at any given time , and 3 . There shall be no signs on the property to advertise or announce the existence of the riding school , stables , or any other aspect of the operation , and ZBA Final 9 . 15 . 08 Pg . 7 4 . That the present use surrounding this property on the north , south and west sides continue to be that of a golf course , and 5 . The lost size be no less than 1 . 7 acres where 3 acres are required because this property is not served by public sewer, and 6 . No additional buildings be built or enlarged in the required 50 foot buffer, and 7 . That the setback from the barn be no less than 40 feet on the south side and 42 feet from the east side and 85 feet from the west side , and 8 . That manure be stored no less than 30 feet from any property line ; the property must be maintained in a sanitary manner at all times with proper handling and storage of manure , and 9 . That no further barns or other structures for housing animals be built within the required 100 feet setback , and With the following : FINDINGS : The benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community , specifically: 1 . The benefit the applicant wishes to achieve , that of operating an equestrian facility, cannot be achieved without the granting of these variances , and 2 . That there will not be an undesirable change in the neighborhood character or to nearby properties given that this use has existed for a long time and has not created any problems with neighbors to this point , and also given the condition of this variance that if the use surrounding the property does change , the variance will be revoked . 3 . This Board finds that the request is substantial , given that in some cases buffers have been eliminated to zero setback , and 4 . This Board finds that this request will not have adverse physical or environmental effects for the reasons stated in the environmental assessment form , and 5 . That this Board finds that the alleged difficulty is not self-created given that this use has existed here since before zoning was enacted . The vote on the motion resulted as follows : ZBA Final 9 . 15 . 08 Pg . 8 AYES : Sigel , Ellsworth , Krantz, and Mountin Abstentions : Neifer NAYS : None The motion was carried . Ms . Duffy thanked the Board for their time and service on the Board . WITHDRAWN APPEAL of Edwin & Jyying Kan , Owners/Appellants , Andrew Krall , Tri -County Builders , Agent, requesting variances from the requirements of Chapter 270 , Article IX, Section 270-71 ( C ) of the Town of Ithaca Code , to be permitted to construct a 265+/- square foot office addition to the north side of an existing home located at 107 Briarwood Drive # 1 , Town of Ithaca Tax Parcel No. 70 - 10 -32 , Medium Density Residential ( MDR) Zone . The proposed addition will encroach into the 15-foot required side yard setback for structures in the MDR Zone . Chairman Sigel announced that the third appeal was withdrawn by the applicant pending attempted resolution of a stormwater drainage issue . APPEAL of James A. Clark , Owner/Appellant, requesting a variance from the requirements of Chapter 270 , Article VIII , Section 270-59 of the Town of Ithaca Code , to be permitted to construct a new single family home at 114 Southwoods Drive , Town of Ithaca Tax Parcel No . 46- 1 - 15 . 17 , Low Density Residential ( LDR) Zone . The proposed home will exceed the 38-foot maximum allowable height from the lowest interior grade and/or the 36-foot maximum allowable height from the lowest exterior grade for buildings in the LDR Zone . James Clark, 923 West Broad Street , Horseheads Chairman Sigel stated that the appeal looked very similar to other appeals brought by both Mr. Clark and other contractors in this particular development . He asked what the actual height from lowest exterior grade was anticipated to be . Mr. Clark said the actual height of the print is 43 feet , 3 inches and that is why he put 43 +/- feet . Chairman Sigel recollected that the Board had granted up to 44 feet for others which he was comfortable doing again . There was some discussion about the surrounding homes and the topography. The desirability of walk-out basements are the reason for the consistent requests for variances . The landscaping and grading of the lot were discussed . Chairman Sigel opened the public hearing at 8 : 25 p . m . There was no one present to address the Board and the public hearing was closed and the matter brought back to the Board . There were no further comments from the Board or Staff. ZBA Final 9 . 15 . 08 Pg . 9 ADOPTED RESOLUTION ZBA RESOLUTION NO . 2008 — 064 Height Variance Jim Clark 114 Southwoods Drive Tax Parcel #46 . - 1 - 15 . 17 September 15 , 2008 Motion made by Kirk Sigel , seconded by David Mountin . RESOLVED that this Board grant the appeal of James A . Clark , Owner/Appellant , requesting a variance from the requirements of Chapter 270 , Article VIII , Section 270-59 of the Town of Ithaca Code , to be permitted to construct a new single family home at 114 Southwoods Drive , Town of Ithaca Tax Parcel No . 46- 1 - 15 . 17 , Low Density Residential Zone . With the following : CONDITIONS : 1 . That the height of the house from the lowest exterior grade be no higher than 44 feet , and 2 . That the height of the house measured from anywhere along the front face of the house be no higher than 36 feet from the lowest exterior grade on that side of the house . With the following : FINDINGS . That the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community , specifically : 1 . That the benefit the applicant wishes to achieve , which is that of a walk-out basement and a house of the design proposed , which has steep pitched roofs cannot be achieved by any other means feasible , and 2 . that an undesirable change in the neighborhood character or to nearby properties will not occur given that there are other homes similar to this one already granted , and 3 . That the request is not substantial , and 4 . That there will not be an adverse physical or environmental effects , 5 . That the alleged difficulty is self-created , nevertheless , the benefit to the applicant does outweigh any detriment to the health safety and welfare of the community. ZBA Final 9 . 15 . 08 Pg . 10 The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz, and Mountin Abstentions : Neifer NAYS : None The motion was carried . Other Business Ron Krantz stated that he would not be at the next meeting . Meeting adjourned at 8 : 27 p . m . t Kirk Sigel , Chair TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Dani L. Holford , being duly sworn , depose and say that I am the Town of Ithaca Building and Zoning Senior Typist, Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal . Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in the Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York, on September 15, 2008, commencing at 7 :00 PM , as per attached. Location of sign board used for posting : Town Clerk Sign Board — 215 North Tioga Street. Date of posting : September 5, 2008 Date of publication : September 8, 2008 lAw Dani L. Holford, Senior Typis Town of :[thaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 5th day of September 2008 . Notary Public PAULETTE NEILSEN ,< Notary Public, State of New York No. 01 NE6156809 Oualified in Tioga County Commission Expires December 4. 20jv Legals in-2004- torallow_equestri-� an facilities . in the LDR_ Zone by Special Permit oft the Planning Board, sub- 1 ject to four criteria. The property received Special Permit approval, with con- ditions, by the Planning Board on August 19, 2008. The property, how- i ever, does not meet the re- quired four criteria: the lot ' size is not at least two acres in size, there is less than the 50-foot required TOWN OF ITHACA buffer around the perime- ZONING BOARD OF ter of the lot, the buildings APPEALS _ housing the horses are NOTICE OF closer than the 100-foot re- PUBLIC HEARINGS quired setback from the lot . MONDAY line and/or street line, and SEPTEMBER 15, 2008 manure is stored within ;7:00 P.M. ' 100 feet of the lot line I By direction of the Chair- and/or street line. man .of' the Zoning Board APPEAL of Edwin., & of Appeals NOTICE ' IS Jyyingg Kan, Owners/ HEREBY GIVEN that Public Appellants, Andrew Kroll, Hearings will be held by Tri-County Builders, A ent, the Zoning Board of Ap- requesting variances tram peals of the Town of Ithaca the requirements of 'Chap- • on Monday, Septem- ter 270 Article IX, Sectionde, ber 15, 2008, in Town 270-71t1 of the Town of Hall, 215 North TIT Ithaca CCoto be permit- Street, Tiogo Street En- ted to construct a 265+/- . trance, Ithaca, NY, COM- square foot office addition MENCING AT 7:00 P.M., to the north side of an ex- t, on the following matters: isting home located at 107 APPEAL cf Harriett & Briarwood Drive # l , Town Charles Brittain, Owners/ of Ithaca Tax' Parcel No. Appellants, Jill E. Fudo, Ar- 70- 10-32, Medium Density chitect, Agent, requesting Residential (MDR) Zone. variances ham the require- The proposed addition will ments of Chapter 270, Ar- encroach into the 15-foot ' tide IX, Section 270-71 (C) required side yard 'setback and Article XXV, Section for structures in the , MDR 270-205 (A) of the Town of Zone. Ithaca Code, to be permit. APPEAL of James A. fed to construct a 120+/-' Clark, Owner/Appellant, i square foot addition on the requesting a variance from south. side and io enclose the requirements of Chap- an existing 111 +/. square ter 270, Article VIII, Sec- foot porch on the west side tion 270-59 of the Town of of a residence located at Ithaca Code, .to be permit- ( 214 Forest Home Drive, ted to construct a new sin- Town of Ithaca Tax Parcel ?Ie family home at 114 iNo. 66-2-11 , Medium Southwoods Drive, Town ! Density. Residential (MDR) of Ithaca Tax Parcel No. j Zone. The residence is an 46-1 -15 . 17, Low ' Density existing - non-conforming Residential (LDR) Zone. structure, as it does not The proposed home will i meet the 15-foot required exceed the 38-foot maxi- i side . yard setbacks for mum allowable height I structures in the MDR from' the lowest interior Zone. The proposed south grade an1d/or the 36-foot side addition will further maximum allowable 'height encroach into the side from the lowest ' exterior yard -setback. The pro- grade• for buildings in the posed porch enclosure (to LDR Zone. ! create habitable space) 9 Said Zoning Board of will also encroach into the side yard setback and its Appeals will at said time I alteration to habitable 7:00 p.m., and said t space may result in an in- place, hear all persons' in crease in " the non- support of such matters or conformiy, objections thereto. Per- APPEAL of Donna Duffy, sons may appear by agent Owner/Appellant, request- or in person. Individuals ing variances from the re- With visual or hearing quirements of Chapter impairments or other spe- 270, Article VIII, Section cial needs, as appropriate, 270-55(1) of the Town of will be ,provided with assis- i Ithaca Code, to be permit tance, as necessary, upon ted to continue operating request. Persons desiring 11 an equestrian faciliy that assistance must make such boards and trains horses a request not less than 48 on a property located at hours prior to the time of' ; 340 Warren Road, Town the public hearings. of Ithaca Tax Parcel No. Jonathan Kanter, ACP 68-1 -2, ' Low Density Resi- Director of Planning dential (LDR) Zone. The 607273' 1747 equestrian use previously Dated: ! operated under a" seven September 5, 2008 year time-limited use var- Published: iance last granted by the September 8, 2008 Zoning Board in 2001 (ex- pired _-July 2008). The Town Codes was updated- AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK) SS . : COUNTY OF TOMPKINS ) Dani L. Holford , being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides At 3482 Potter Road , Interlaken , NY 14847 . That the 5 `h day of September, 2008 , deponent served the within Notice upon : 66 . -2- 11 Brittain , Charles & Harriet J 214 Forest Home Dr Ithaca NY 14850 66 . 4-6 Kandrach , Michael A 217 Forest Home Dr Ithaca NY 14850 67 . - 1 -8 Cornell University PO Box DH Ithaca NY 14853 66. - 3 - 17 Forest Home Church & Pars 224 Forest Home Dr Ithaca NY 14850 66. -2-9 Brutnell , Thomas P & Howard , Mary 220 Forest Home Dr Ithaca NY 14850 66. -3 - 16 Foote, John & Rupert, Kristen 228 Forest Home Dr Ithaca NY 14850 66. -4-5 Sidle , Clinton C 215 Forest Home Dr Ithaca NY 14850 66. -3 - 19 Langhans, Robert &Virginia I 1 1 Halcyon Hill Rd Ithaca NY 14850 66. -2-7 McElwee , Aloma M & William A 114 Kay St Ithaca NY 14850 66. -2- 10 . 2 Bayer, George & Helen 216 Forest Home Dr Ithaca NY 1 .4850 66.-4-22 Stephans , Brent & Susan 145 Forest Home Dr Ithaca NY 14850 66. -3 -20 Kelly, Beth A 105 Halcyon Hill Rd Ithaca NY 14850 66.-2-2 Westmont Family Trust 131 Bonita Ave Piedmont CA 94611 66.-2-4 Engman, Herbert J 120 Warren Rd Ithaca NY 14850 66.-3-24 Manning, Sturt W 103 Crest Ln Ithaca NY 14850 66.-2-5 Lommel , Marsha 7436 Karl Dr Lincoln NE 68516 66 .-2- 14 Allmon , Warren D &Texan , Jennifer 208 Forest Home Dr Ithaca NY 1 /1850 66 .-2-6 Naples, Frank y 110 Warren Rd Ithaca NY 1 /1850 66 .-2- 13 Rossi , Faust & Charline 210 Forest Home Dr Ithaca NY 14850 66 . -3 -22 .2 Hodgden , Laurel & Inman , Kyllikki R 110 Halcyon Hill Rd Ithaca NY 14850 66 . - 3 -23 Galloway, Andrew & Lane 104 Halcyon Hill Rd Ithaca NY 14850 66. - 3 -21 Gobrecht, Edward PO Box 4521 Ithaca NY 14852 68 .- 1 -2 Duffy, Gary &Hofstead , Donna 340 Warren Rd Ithaca NY 14850 71 . -4-7 Ridenour, Nancy V 346 Warren Rd Ithaca NY 14850 71 .4-6 Diekow, Hilary A 348 Warren Rd Ithaca NY 14850 68 .- 1 - 1 . 2 Country Club of Ithaca 189 Pleasant Grove Rd Ithaca NY 14850 71 .4-5 Deathe, Murray A & Jane G 101 Roat St Ithaca NY 14850 71 .4-4 Cooper, Lorraine M 105 Roat St Ithaca NY 14850 71 .4-3 Bui , Yen T & Tro V 109 Roat St Ithaca NY 14850 71 .4-2 Buble, Walter & Singhota, Nevjinder 113 Roat St Ithaca NY 14850 71 .4- 1 Strebel , Paul A & Leslie A 117 Roat St Ithaca NY 14,350 71 .-5 -4 Wayne , Randy O 201 Roat St Ithaca NY 14850.. . , . . . .., . 68 .- 1 -9 Cornell University PO Box DH �t t �i.� „ X1 ,,0 � T.Ithacat IY ..1 }4853 r" f Krall , Andrew, Tri -county Remodelers 4838 Hillcrest Dr ?t? . :ac " 1 Dund'&iNY ; 14,837 > . : 70.- 10-32 Kan , Edwin & J � n J L 107 Briarwood la °° !oJ =: N � ��Ithaca I % '14.f>5 YY g 70.- 10- 16 Lucente, Rocco � ' :L �+ , " zz 120 Briarwoodr p�urat^. Ith"aca1V %i�g, 70.- 10- 1 . 33 Eaglesham , Allan R J & Barbara 106 Pinewood PI Ithaca NY 14850 . 70. - 10- 1 .47 Ahmed , Ahmed H & Hassab, Mona 109 Pinewood PI Ithaca NY .14850 70. - 10- 1 . 14 Murray, Sara & Hermannsson , John 104 Pinewood PI Ithaca NY 14850 ` 70.- 10- 1 . 32 Ghangas, Gurdev S & Surinder 105 Pinewood PI Ithaca NY 14850 70.- 10- 1 .29 Yang, Zhengjing & Zhang, Jing 118 Birchwood Dr Ithaca NY 14850 70.- 10- 1 . 30 Xu , Hu & Huang, Mingyun 103 Pinewood PI Ithaca NY 14850 70. - 10- 1 .46 Wong, Ming & Yuen , Hung 107 Pinewood PI Ithaca NY 14850 70.- 10- 1 . 28 Larocca, Phillip & Madeline 117 Birchwood Dr Ithaca NY 14850 70.- 10- 1 .27 Monaco, Jeanette & Jalang'o , Bob 115 Birchwood Dr Ithaca NY 14850 70.- 10- 1 .44 Kim, Sung Ok 1 10 Pinewood PI Ithaca NY 14850 70. - 10- 18 Keller, Mark & Karen 112 Briarwood Dr Ithaca NY 14850 70.- 10- 1 .45 Grover, Robert & Carole 108 Pinewood PI Ithaca NY 14850 70.- 10- 1 .20 Dong, Mancang & Guo, Jingzhen 102 Pinewood PI Ithaca NY 148.50 46 . - 1 - 15 . 17 Clark, James A 923 W Broad St Horseheads NY 14845 46 . - 1 - 15 . 31 Chaplin , Carol & Steelman , Scott 84 E Lake Rd Ithaca NY 14850 46 .- 1 - 15 . 14 Emr, Scott D & Michelle C 108 Southwoods Dr Ithaca NY 14850 46 . - 1 - 15 . 12 JTS Lumber Inc 185 S Main St Cortland NY 13045 46 . - 1 - 15 . 39 Zhankov , Viktor 18 Hunter Ln Ithaca NY 14850 46 . - 1 - 15 . 38 Quigley, Joseph 14 Cayuga Hill Rd Ithaca NY 14850 46 . - 1 - 15 . 22 Cox , Francis J & Susan J 7 English Hills Rd Horseheads NY 14845 46. - 1 - 15 . 21 Ingraffea, Anthony & Janet G 309 Cayuga Hots Rd Ithaca NY 14850 46 . - 1 - 15 . 37 McCabe, Michael P & Marcianna 301 Old Gorge Rd Ithaca NY 14850 46.- 1 - 15 . 36 Horihan, Chad 1 21 Saunders Rd Ithaca NY 14850 46. - 1 - 15 . 13 Cohen , Daniel A & Dragoni , Lisa 106 Southwoods Dr Ithaca NY 14850 46. - 1 - 15 .402 Heritage Park Townhouses 680 Ridge Rd Lansing NY 14882 46. - 1 - 15 . 15 Malkhasyan , Edward 126 Chelsea Dr Cortland NY 13045 46. - 1 - 15 . 16 Welch , Brian M & Croker, Cheryl A 112 Southwoods Dr Ithaca NY 14850 46. - 1 - 16 . 21 The Nature Conservancy 195 New Karner Rd , Suite 200 Albany NY 12205 46. - 1 - 15 .30 Riley, Michael P & Allison D 304 Old Gorge Rd Ithaca NY 14850 46. - 1 - 15 . 19 Vauohan , Leigh Ann & Luoinsland , John 118 Southwoods Dr Ithaca NY 14850 Edward C. Marx Commissioner of Planning Tompkins County Dept of Planning 121 E. Court Street Ithaca NY 14850 Mike Levy Tompkins Weekly PO Box 6404 Ithaca NY 14850 Paul Billings Cornell PDC 102 Humphreys Svc Bldg Ithaca NY 14853 Melinda Staniszewska 220 Coddington Road Ithaca NY 14850 Gary J . Stewart Assistant Director Cornell University Government & Community Relations 110 Day Hall Ithaca, NY 14853 By depositing same enclosed in a post-paid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Dani L. Holford Sworn to+ef e thi> 5th day of September 2008 . No ary Public ` PAULETTE NEILSEN ' Notary Public, State of New Vbrk No . 01 NE6156809 k Ouallfied in Tioga County - - Cortunlssion Expires December 4, 20 _ TOWN OF ITHACA ZONING BOARD OF APPEALS SIGN - IN SHEET DATE : October 270 2008 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION �j • V dT eaf < - / - �i ll 0 / T FCW O L� rtlmr � z �oL( TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, OCTOBER 27, 2008 7 : 00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, October 27 , 2008 , in Town Hall , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL of Ithaca College, Owner/Appellant, Richard Couture Associate Vice President of Facilities, Agent, requesting variances from Chapter 221 ( signs) of the Town of Ithaca Code for the proposed Ithaca College Athletics and Event Center freestanding athletic scoreboard along with two other athletic scoreboards on the Ithaca College Campus, 953 Danby Road , Town of Ithaca Tax Parcel # 41 . - 1 - 30 . 2 , 41 . - 1 -24 and 42 . - 1 -9 . 2 Medium Density Residential (MDR) zone. The proposal includes variances from the required height and overall sign area for a proposed 224+/- square foot scoreboard for the Athletic and Event Center, the existing 400+/- square foot Butterfield Football Stadium scoreboard and the existing 350+/- square foot Freeman Baseball Stadium Scoreboard . APPEAL of Susan and Rolf Verberg, Owners/Appellants requesting an interpretation and/or variance from the requirements of Chapter 270, Article VI, Section 270-32 , Subsection A(3 ) of the Town of Ithaca Code to be permitted to construct a new garage on a property located at 680 Sheffield Road, Town of Ithaca Tax Parcel # 24 . - 1 -42 . 2 , an Agricultural (AG) Zone. The proposed garage will encroach into the required side; yard setback of the property. APPEAL of Kelly Egan and Diana Arnold, Owners/Appellants requesting variances from the requirements of Chapter 270, Article VIII, Section 270-62 , Subsections B and C , to allow insufficient lot width at the street and at the front yard setback on a property located at 211 Eldridge Circle, Town of Ithaca Tax Parcel # 46 . - 1 - 15 . 7 , a Low Density Residential (LDR) Zone. The lot is located within the Southwoods Subdivision, which received Planning Board Subdivision Approval in 1989 . APPEAL of Thomas and Minh Tro Schulenberg, Owners/Appellants requesting variances from the requirements of minimum lot size and minimum lot width . Chapter 270, Article IX, Section 270- 73 , Subsection A and C of the Town of Ithaca Code, to allow a property to remain with insufficient minimum lot size and minimum lot width at the front yard setback line. The property is located at 1462 Hanshaw Road, Tax parcel # 70 . - 10-3 . 10, a Medium Density Residential (MDR) Zone. APPEAL of Robert Platt Owner/Appellant requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-60 Subsection C of the Town of Ithaca Code, to be permitted to allow an illegal existing shed addition attached to a garage that encroaches on the required side yard setback requirement . The property is located at 319 King Road W . , Tax parcel # 37 . - 1 - 1 , a Low Density Residential (LDR) Zone. Said Zoning Board of Appeals will at said time, 7 : 00 p . m. , and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearings. Bruce W . Bates Director of Code Enforcement 607-273 - 1783 Dated : October, 17, 2008 Published : October, 20, 2008