HomeMy WebLinkAboutZBA Minutes 2009-10-26 FILE
DATE
TOWN OF ITHACA
® ZONING BOARD OF APPEALS
OCTOBER 26, 2009
7 : 00 P. M .
Present : Kirk Sigel , Chairman ; Members : Harry Ellsworth , Ron Krantz , James Niefer,
Staff: Bruce Bates , Director of Code Enforcement; Susan Brock , Attorney for the Town ;
Deborah Kelley, Deputy Town Clerk
Meeting was called to order at 7 : 00 p . m .
APPEAL of David Stewart requesting a variance from Chapter 270 , Section (C) ,
Side yard set back, to allow insufficient setback for an existing garage at 119 Pine
Tree Rd , Tax Parcel #57 .=1 -20 , Medium Density Residential Zone ( MDR).
David Stewart was present to answer the Board' s questions . Mr. Stewart has
owned the house for over 6 years and did not build the garage addition .
Mr. Sigel opened the public hearing at 7 : 05 p . m . There was no one wishing to address
the Board about this appeal and the public hearing was closed at 7 : 06 p . m . and the
® matter brought back to the Board .
ZBA RESOLUTION NO . 2009 — 045 Area Variance David Stewart 119 Pine
Tree Rd
TP# 57.-1 -20 October 26 , 2009
Motion made by Kirk Sigel , seconded by Ron Krantz .
Resolved that this Board grant the appeal of David Stewart, requesting an area
variance from Chapter 270-71C , side yard setback to allow insufficient setback for an
existing garage at 119 Pine Tree Road , Tax Parcel No . 57 . - 1 -20 , medium density
residential zone with the following :
Conditions
1 . That the setback be no less than eight feet and ,
2 . that there be no further building that would take place within the required
setback.
ACC ZBA Final October 26, 2009
Page 2 of 11
Findings
That this Board finds that the benefit to the applicant does outweigh any detriment to the
health , safety, and welfare of the community, specifically;
1 . That the benefit that the applicant wishes to achieve , which is to maintain the
garage built in 1991 , cannot be met by any other means feasible , and
21 that there will not be undesirable change in the neighborhood character for the
nearby properties given that the garage has existed in the present form since
1991 , and
3 . that the request is not substantial , and
4 , that the request will not have any adverse physical or environmental effects , and
5 * that this board finds that the alleged difficulty was not self created as the
applicant purchased the property believing that is was conforming and later found
that is was not.
A vote on the motion was as follows :
AYES : Sigel , Ellsworth , Krantz and Niefer
Absent : Mountin and Mann
The motion passed unanimously .
APPEAL of Barbara Alden and Ellen Baer, requesting Variances from Chapter
270, Section 62, (A, B, & C) to be allowed to subdivide property resulting in
insufficient setbacks on two of the proposed parcels located at 247 Dubois Rd ,
Tax Parcel # 22.-2-1 .31 , Low Density Residential , (LDR).
Barbara Alden stated that on Lot B on the map they have enough property to add to that
lot to bring it up to 30 , 000 square feet and then there would not be a need for a
variance . It would just create an unusual shape that is why they did not want to do that.
If it is . needed that would remove that particular variance .
Mr. Sigel asked Ms . Alden if it was possible to add more land to this parcel and she
responded , yes , if it became an issue of that particular variance .
Mr. Sigel stated that one of his concerns was that it would be rather difficult to build a
house within the allowed setbacks .
Ms . Alden stated that this was discussed at Planning Board , and added that her
surveyor incorrectly drew the house in . Ms . Alden explained to the board how the line
should look on the survey map and that there would then be sufficient space for a
home . The new home would be a ranch shaped home . Ms . Alden added that they
were waiting for approval from this board before having the survey redone because of
the cost involved .
ZBA Final October 26, 2009
Page 3 of 11
® James Niefer asked the applicant how they propose to use Lot B when a sanitary sewer
line goes right through the middle of the property and particularly in the area that would
be used for a building lot in the setback area .
Ms . Alden stated that the line underneath the word Lot actually is not keeping with the
rules . If the line was moved a house could be placed within ten feet of the sanitary
sewer and there would be room .
Bruce Bates explained to the board on his survey map what Ms . Alden is proposing . He
confirmed with Ms . Alden on the map and showed the board what is being shown on the
map .
Mr. Sigel asked Ms . Alden if they would still be maintaining forty feet from the concave
portion of the property line .
Ms . Alden responded yes .
Mr. Niefer asked how many square feet would that add to the size of the lot.
Mr. Sigel stated that is would not change the lot any, it will make the portion that meets
all the set backs larger. The applicant is saying their surveyor drew the inner portion
incorrectly.
Ms . Alden stated that she has attached the Planning Board Resolution No . 2009-015 ,
on page 2 , letter c , she further explains that the Planning Board has the same discovery
and have asked for a revised drawing , and she was further told to wait until after the
Zoning Board of Appeals meeting rather than spending the money on it.
Mr. Sigel asked the applicant if they are confident that they would be able to meet all the
setbacks and meet the required easement setbacks for the sanitary sewer line .
Ms . Alden responded , yes . She further stated that she spoke to Susan Ritter regarding
the rule about the sanitary manhole , and it is considered ten feet , but often allow within
five feet .
Mr. Niefer asked how many other 23 , 000 square foot lots there are along Dubois Road ,
Mr. Sigel stated that it was mentioned somewhere that there are a couple lots that were
undersized .
. Mr. Niefer stated that a small lot might be somewhat out of character along Dubois
Road . There is a nice collection of residences along there that have good set backs .
There is a question if it is appropriate given the character of the neighborhood that a
small lot be approved . Granted knowing what is happening on Woolf Lane with the Y
® shaped lots were approved , but this is not Woolf Lane .
ZBA Final October 26 , 2009
Page 4 of 11
Ms . Alden stated that they are willing to add property to get the lot up to 30 , 000 square
feet, but it would be an odd shape . is
Mr. Sigel asked the applicant if they would presumably extend it further down the south
side .
Ms . Alden responded , yes .
Mr. Sigel stated that the applicant has a reasonable point to make that they do have
plenty of land and could put a strip along the southerly line and extend it further back to
add more acreage .
Mr. Bates stated that he did a quick comparison on the map showing there are a few
parcels that would be the same size that they are proposing .
Mr. Krantz asked if Lots A & B are still both more than a half acre each .
Ms . Alden responded , yes .
Mr. Sigel opened the public hearing at 7 : 24 p . m . for SEQR , and he asked if anyone
from the public would like to speak on the environmental portion of this appeal . With no
one interested from the public to speak, Mr. Sigel closed the public hearing at 7 : 25 p. m .
1 0
ZBA Resolution No. 2009 — 046 Environmental Assessment Alden/Baer
Subdivision 247 Dubois Rd TP# 22 .-2-1 .31 October 26, 2009
Motion made by Kirk Sigel , seconded by Ron Krantz
RESOLVED that this Board makes a negative determination of environmental
significance for the reasons stated in Part 2 of the Environmental Assessment Form
prepared by Town Staff .
A vote on the motion was as follows :
AYES : Sigel , Ellsworth , Krantz and Niefer
Absent: Mountin and Mann
Motion passed unanimously .
Mr. Sigel opened the public hearing at 7: 26 p . m . , and he asked if anyone from the
public wished to speak on the variances of the appeal .
Edward Austen , 255 Dubois Road stated that his property borders the Alden/Baer
property , and just as a reference to this Board , that he has served on this board for over
ZBA Final October 26 , 2009
Page 5 of 11
® 30 years and many of them as chairman . He further stated that he was surprised to see
that the appeal would be approved unless there was substantial opposition to it .
Mr. Sigel asked Mr. Austen where he had seen that notice .
Mr. Austen stated that he noticed it in some of the papers he received from the Planning
Board .
Mr. Sigel stated that the criteria that this Board considers does not include the opinion of
the public . The Board welcomes public input so the Board is evaluating all the issues .
Whether a neighbor likes it or does not like it is not one of the State mandated criteria
that are used .
Mr. Austen stated that he understands that , and that he did not personally receive any
paperwork, and being the next door neighbor he expected to be aware of this by the
Board . To state on the lot in mention in substandard lots along Dubois Road , that was a
subdivision back in the 1950' s before that became a R30 district , and they were
approved back then as official lots , which were 100 by 200 from the center lane of the
road . Only three of the lots have been built upon .
Mr. Austen read a prepared statement to the board :
® "Article II , Chapter 270-2 states the purpose of the Zoning Ordinance , among other
purposes , it to prevent overcrowding of the lands , to avoid undue concentration of
population , amount of open spaces that must be maintained , sizes of yards , etc . The
Variance was intended as a device for adjustment where the ordinance created
unnecessary hardship in unusual cases , to give property owners rights as nearly equal
as possible to those of others in the same district . A variance should only be granted
for a severe hardship , not self induced , of the correction of an existing parcel to bring it
into compliance of the zoning code , and not to make current existing property into a
non -conforming condition . I have talked with most of the neighbors to this property and
found none of them in favor of this appeal and thought this as inconsistent with the
existing homes in the area on Dubois Road . I strongly object to what would be "spot
zoning" of this parcel . Lot B does not meet the requirements of Article 270-62 of Low
Density Residential Zone , and does not have 30 , 000 square feet requirements. The
existing sewer line setback and yard setback makes placing a building unlikely without
further variances . Lot C would become a non -conforming residential lot making two of
the parcels non -conforming . We do not need or want cluster housing on Dubois Road .
Cluster housing on Woolf Lane was a mistake in my opinion and it has never been
completed as prescribed in the variance rezoning as the park lane was never completed
and probably never will be . I do not mind lot that meets the zoning and meets the
requirements , but I do not believe this would without considerable variances . "
ZBA Final October 26 , 2009
Page 6 of 11
Bruce Rich of 253 Dubois Road read a prepared statement to the board :
"We are Bruce and Lynn Rich and reside at 253 Dubois Road (tax map 22 . -2-21 ) , which
is two properties north and east of this proposed development. From my deck and
backyard I can see a good portion of this property. I want to be a good neighbor, but I
don 't want to see more cluster housing along the low density designated Dubois Road .
We bought our property in 1973 . All the original houses , which were built after the
Yenei farm property was broken into individual parcels , are still inhabited . Since then
many more housing units have been built with the addition of new roadway, Orchard
Hill , Evergreen , Hinging Post, and Woolf Lane all of which ha added more people ,
busier traffic , and lower municipal water pressure . Our once little quiet country road is
no more . A few years ago I was instrumental in obtaining a posted 45 mile an hour
speed limit yet many vehicles travel well over that . The road is used by both resident
and non resident folks for bicycling , walking , running , and roller blading when that was
the in thing . I bought my property for its open space to bring up my children , a
wonderful view and a quiet roadway . I still have my view , at the moment , but as I
mentioned we now have a noisy busy road with more housing , people and less privacy .
I know urban development is a reality but do we need more cluster housing ? From a
tax issue it puts more dollars into town ' s coffers but I look at it as each year I pay more
tax with less benefits . In a letter from the owners dated January 25 , 2009 , to the
Planning Board they want to subdivide into three parcels . They own approximately six
acres and want to keep five of which is taken by their living quarters , leaving one acre
for two houses . The owners also stated they want to share this extra acreage with the
owners on parcel lot A & B which would include but not be limited to sharing garden
space , chickens , grapes , fruit trees , workshop , and possibly farm animals , which would
necessitate , I assume , barn construction for shelter and storing of hay , etc . With this
limited land there potentially could be a manure problem . A low density residential area
to me means a single housing unit surrounded by green space , not pushing homes
together so one can spit on his neighbor' s front door. In closing let reiterate . I want to
be a good neighbor, but my wife who is out of town tonight and could not attend this
hearing , and I do not feel that there is a need to add extra housing , people and traffic to
our community . To me a variance is put into place to protect the interests and values of
surrounding properties and need not to be broken . We don't feel that this type of
housing fits in with the integrity of the main road neighborhood . Thank you for you time
and attention . "
Tim Dietrich of 221 Dubois Road stated that he is dismayed by the residential density
on Woolf Lane , but it already has happened , and the properties have changed
immensely in the past 20 years . It is not low density across the street houses are
packed in there using the same driveway . He does not see that this is unusual for what
the board has already allowed .
Nick Sturgeon of 240 Dubois Road , stated that he and his wife have owned their home
for 41 years . He stated that he is very sorry to be involved in a conflict with neighbors ,
but he is very much opposed to granting this variance . One point, this would make a
significant difference to the way the road looks and feels to have these buildings too
ZBA Final October 26 , 2009
Page 7 of 11
® close to the road , it would be different from anything else up and down the road . It is
true that on Woolf Lane , that is not far away that there is cluster housing , but none of
that is visible from Dubois Road . Another point, people take zoning ordinances
seriously when buying a house , which is often their largest investment. He realizes that
there is a case for variance that is why the board has good work to do , but he thinks the
zoning ordinances which have been followed for a long time in this area should be taken
very seriously . Thank you .
Nia Kethevan of 250 Dubois Road stated that mentioning Woolf Lane , but the people
who moved into the houses on Woolf Lane knew that they were buying into this type of
cluster housing . The people who bought onto Dubois Road were not at all for cluster
housing . She turned down two other houses because of cluster housing , and was
happy to find the home on Dubois Road . She further stated that it is important to
remain within the character of the place in which one bought because it retained the
beauty. She does not understand why one would want to go into a neighborhood and
disregard what was there without consideration . She feels very strongly about it and
she feels that it is very important to try and maintain . She further stated that two of her
neighbors that are set dead against it, and were not able to attend this meeting , but it
are important to consider the neighbors who are already there . This is not a hardship
case either.
Anna Smith of 242 Dubois Road , read from a prepared statement :
® " I am here to protest the proposed subdivision at 247 Dubois Road . For the project to
advance as proposed , the applicants need a number of variances t the low density
zoning codes . These codes were established after careful deliberation , they should not
be set aside except in a true hardship , which the proposed clearly is not. I object for the
following reasons :
1 . A project that requires such variances is ill conceived . The proposed
subdivision at 247 Dubois Road has too many problems including shortage of
more that 6700 square feet of land to meet minimum space required for a
house . In their application to the town planning board the applicants stated
reasons for pursuing the subdivision is because they want to share this
homestead with friends and family and to live more closely in the community
with others . That this is not a hardship .
2 . Spot zoning for this project would benefit only the applicants while affecting in
a detrimental manner numerous other neighbors . The front portion of the
property is not amenable to subdivision for communal living as proposed , but
there is an abundance of space at the rear of the property where two houses
could be sited without changing the open appearance of our neighborhood
and without the need for such substantial variances . If our neighborhood
were zoned for medium density variances would still be needed to
accommodate the proposed subdivision .
On their application from to this board , the applicants claim their subdivision would not
® change the nature of the neighborhood because their proposed cluster of houses would
ZBA Final October 26 , 2009
Page 8 of 11
be like those on nearby Woolf Lane . There are problems with that assertion . The Woolf
Lane houses are not out immediate neighborhood . That is an adjacent neighborhood to
ours , but removed . Those houses are sufficiently distant and separated from our
neighborhood by substantial land and several individual houses such that they are not
visible from our Dubois Road Neighborhood . In addition , the people on Woolf Lane
bought into the cluster concept when they moved there to a location obviously not
zoned for low density . We bought into the low density concept when we moved to
Dubois Road . It would be unfair to apply spot zoning to our neighborhood for the
benefit of only the applicants and to the detriment to the rest of us .
3 . As you may have observed there is a thinning row of trees along the road ,
ostensibly a screen between the proposed new houses and the neighbors .
The trees are ineffective and permit a clear view across most of the property.
Some of the trees have died and been removed , while others are clearly
failing . Applicant Barbara Alden said , on the night the Planning Board
reviewed this proposed subdivision , all trees are in bad shape and that she
planned to plant bushes to screen the houses . Indeed a row of shrubbery
has been planted along the road , but what kind of bushes can be grown in
this climate to screen two story houses? It is noteworthy that in their
application materials the applicants commit to maintenance of a screen of
plantings between house and road not unlike existing . Therefore as those tall
pines and mature deciduous trees continue to die the applicants have made
the commitment to replace them with full grown trees .
4 . Also in their application materials the applicants state that one of the benefits
of their proposed arrangement is the preservation of a beautiful view that can
be shared by all three proposed lots . What about our views? The addition of
two houses by the road will be right in our faces and will obstruct our beautiful
view across the hills and lake .
5 . Adding two more households at this location can only aggravate my problem
with water pressure , which is irregular and unpredictable , and at its lowest is
barely sufficient to rinse dishes . What would happen if two more households
were added to the water lines?
6 . There is a routinely a steady stream of traffic in and out of the applicants
property . We would resent the even further increase of traffic that would
come with two more households and their visitors .
On all accounts the proposed project would be a detriment to our low density
neighborhood . Thank you for your careful consideration of this proposed subdivision . "
Ann Stalter of 249 Dubois Road , stated that she has just lived here for a year now , and
purchased that property in particular because of the open nature of the neighborhood of
semi rural character. She had looked for a house for a long time , and it was difficult to
find within her price range with openness and neighborliness that she was looking for.
She also stated that she is disturbed that she has to appear here tonight really only to
make the acquaintance of her immediate neighbors through this subdivision proposal .
She just wanted to add along with the voices of her other neighbors to say that to take
ZBA Final October 26 , 2009
Page 9 of 11
away from the character of the neighborhood as it is now; it is not to continue to
compare it to Woolf Lane , which is not relevant to her view . She feels that if the owners
of the property have five acres of land that they want to subdivide , they should be able
to do it without compromising the current nature of that neighborhood . Thank you .
Mr. Sigel asked if there was anyone else from the public wished to speak on this
appeal . With no response , Mr. Sigel closed the public hearing at 7 : 48 p . m . and asked if
the Board had any further questions or comments on this appeal .
Mr. Niefer stated that he drove the area on Dubois Road and noticed that the shrubbery
on these properties was dense and he was having a difficult time seeing where the lots
were , and he thought the proposed lots were screened from the road and other
properties . It is better than some situations where there is no screening at all . If the
other 6700 square feet could be added the lot would be at least 30 , 000 square feet,
and with that type of modification would make the lot size and use of the property more
conforming .
Mr. Krantz stated that he agrees with Mr. Niefer, and also added that the proposed lot is
significantly undersized . He understands people object to more housing in a sunny
rural area because it is going to change things . As far as he can see if the lot size is
brought up to the 30 , 000 square feet it would alleviate the legitimate problems .
® Mr. Sigel stated that it would not change things from the street ; that the house would be
located in the same location ; it is just the legal square footage . Then the only variance
remaining would be the width at the setback of 125 instead of 150 feet .
Harry Ellsworth stated that he agrees with Mr. Krantz and Mr. Niefer that the lot would
be undersized and it should be brought up to the 30 , 000 square feet then it would be
closer to the existing home .
Mr. Sigel stated that the applicants could add a narrow enough strip to Lot B .
Mr. Ellsworth stated that there are some other things to test for an area variance to
benefit the applicants . This is a little borderline in the neighborhood it is a change in the
neighborhood .
Mr. Sigel stated that when he drives ) down the road , he notices a number of lots that are
a little undersized and other ones that have a little more than the minimum , but mostly
have small to medium sized homes with a reasonable setback from the road . He does
not see the two proposed lots as being that different from some of these other homes
along that section of Dubois Road . Mr. Sigel also stated that he agrees with other
board members that if Lot B was brought up to the required square footage , then the
other variances in front of the Board meet the test, especially given the amount of
additional land with Lot C that will restricted from further subdivision .
ZBA Final October 26 , 2009
Page 10 of 11
Mr. Sigel further asked the applicant if they thought about how they would extend Lot B .
It was mentioned at one point they felt they should have done that first .
Ms . Alden stated that it is the only place it could go along the south border as wide as
possible not to intrude with functionally with our septic system . The land could be
pushed back to include the additional 7000 square feet .
Susan Brock asked the board if they would like to see the new drawing showing the
new configuration before voting on it, so they know what they are approving . The Board
does not know how far that slice would extend east or north on the lot . Susan Brock
also asked the applicant where the septic system is and how far the fingers extend out.
Ms . Alden stated that the fingers are located approximately where the Lot B line is . Mr.
Ellsworth stated that a lot for a septic system also needs to have space for replacement .
She replied that they had found out about that. The future septic field is due east past
the pond , so it has to be below the pond . It would be further from this lot if they need to
replace the leach field . Lot A & B would be on municipal water and sewer.
Mr. Bates addressed the Board and recommended that the board adjourn this appeal
and come back with a proposal incorporating this discussion so the Board would have a
more accurate idea of what is proposed . Ms . Brock agreed .
Mr. Sigel noted that if this board did not grant a variance for the square footage for Lot
B , the applicants would have to go back to the Planning Board because they got
subdivision approval for this proposal and not - any modifications . The modifications to
the lot lines they are proposing would trigger another appearance before the Planning
Board also .
It was decided that the appeal would be adjourned and Mr. Sigel explained the
procedure to the public .
ZBA RESOLUTION No. 2009 — 047 Adjournment - Alden/Baer Subdivision 247
Dubois Rd TP# 22.-2-1 . 31 October 26 , 2009
Motion made by Kirk Sigel , seconded by Jim Niefer.
RESOLVED that this Board , at the request of the applicant , adjourns the appeal of
Barbara Alden and Ellen Baer until such time that they can submit a revised subdivision
plan .
A vote on the motion was as follows :
Ayes : Sigel , Ellsworth , Krantz and Niefer
Absent: Mountin and Mann
The motion passed unanimously.
ZBA Final October 26 , 2009
Page 11 of 11
Mr. Sigel asked if there was any other business the board needs to discuss . With no
other business the meeting was adjourned at 8 : 09 p . m .
� L
Kirk Sigel , Chair
FILE
DAT _ v �
ZBA RESOLUTION NO . 2009 — 045 Area Variance David Stewart
119 Pine Tree Rd TP# 57 .= 1 -20 October 26, 2009
Motion made by Kirk Sigel , seconded by Ron Krantz .
Resolved that this Board grant the appeal of David Stewart , requesting an area
variance from Chapter 270-71C , side yard setback to allow insufficient setback
for an existing garage at 119 Pine Tree Road , Tax Parcel No . 57 . - 1 -20 , medium
density residential zone with the following :
Conditions
1 . That the setback be no less than eight feet and ,
2 , that there be no further building that would take place within the
required setback.
Findings
That this Board finds that the benefit to the applicant does outweigh any
detriment to the health , safety , and welfare of the community, specifically ;
1 . That the benefit that the applicant wishes to achieve , which is to maintain
the garage built in 1991 , cannot be met by any other means feasible , and
2 * that there will not be undesirable change in the neighborhood character for
the nearby properties given that the garage has existed in the present
form since 1991 , and
3 , that the request is not substantial , and
40 that the request will not have any adverse physical or environmental
effects , and
5 * that this board finds that the alleged difficulty was not self created as the
applicant purchased the property believing that is was conforming and
later found that is was not .
A vote on the motion was as follows :
AYES : Sigel , Ellsworth , Krantz and Niefer
Absent: Mountin and Mann
The motion passed unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA&
I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New
York, do hereby certify that the attached resolution is an exact copy of the same
adopted by the Zoning Board of Appeals of the Town of Ithaca at its regular
meeting h on the 26 h day of October 2009 .
Deputy Town Clerk, Town of Ithaca
O
FILE
DATE
ZBA Resolution No. 2009 — 046 Environmental Assessment Alden/Baer
Subdivision 247 Dubois Rd TP# 22.-2- 1 .31 October 26, 2009
Motion made by Kirk Sigel , seconded by Ron Krantz
RESOLVED that this Board makes a negative determination of environmental
significance for the reasons stated in Part 2 of the Environmental Assessment
Form prepared by Town Staff.
A vote on the motion was as follows :
AYES : Sigel , Ellsworth , Krantz and Niefer
Absent: Mountin and Mann
Motion passed unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS .
TOWN OF ITHACA .
I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New
York , do hereby certify that the attached resolution is an exact copy of the same
adopted by the Zoning Board of Appeals of the Town of Ithaca at its regular
meetin held on the 26 h day of October 2009 ,
Llo/w 771��
Deputy Town Clerk, Town of Ithaca
W
FILE
DATE
ZBA RESOLUTION No. 2009 — 047 Adjournment - Alden/Baer Subdivision
247 Dubois Rd TP# 22 .-2- 1 . 31 October 26, 2009
Motion made by Kirk Sigel , seconded by Jim Niefer.
RESOLVED that this Board , at the request of the applicant, adjourns the appeal
of Barbara Alden and Ellen Baer until such time that they can submit a revised
subdivision plan .
A vote on the motion was as follows :
Ayes : Sigel , Ellsworth , Krantz and Niefer
Absent : Mountin and Mann
The motion passed unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS .
TOWN OF ITHACA.
I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New
York, do hereby certify that the attached resolution is an exact copy of the same
adopted by the Zoning Board of Appeals of the Town of Ithaca at its regular
meeting on the 26 h day of October 2009 .
Deputy Town Clerk, Town of Ithaca
W
® TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , PauletteTerwilliger , being duly sworn , say that I a Deputy Town Clerk of the Town of Ithaca ,
Tompkins County , New York that the following notice has been duly posted on the sign board
of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official
newspaper , Ithaca Journal:
ADVERTISEMENT : PUBLIC HEARING
TOWN OF ITHACA ZONING BOARD OF APPEALS ---�
NOTICE OF PUBLIC HEARINGS Legals . q o50
MONDAY , OCTOBER 26 , 2009 I TOWN OF ITHACA
G BO
7 : 00 P . M . ZOFAPPPEA s°
NOTICE OF PUBLIC
HEARINGS
MONDAY,
CTBER 26, 20
Date of Publication : Monday , October 16 , 2009 O215North Tioga09
Street, Ithaca
7:00 P.M.
APPEAL of David Stewart
requesting a variance from
Location of Sign Board Used for Posting : Town Hall Lobby Side yard set bactk,ion to al-
Public Notices Board low insufficient setback
for an existing garage at
® 215 North Tioga Street 119 Pine Tree Rd, Tax
Parcel #57.-l -20. Medium
Ithaca , NY 14850 Density Residential Zone
(MDR).
APPEAL of Barbara Al-
den .and Ellen Baer, re-
Date of Posting : October 16 , 2009 questing Variances from
Chapter 270, 'Section 62,
(A,B, 8 C) to be allowed
to subdivide property re-
sulting in insufficient set-
backs on two of the pro-
- I posed pbrcels located at
247 Dubois Rd, Tax Par-
Paulette Terwilliger
cel # 22.-2- 1 .31 . Low
i
Density Residential.
Deputy Town Clerk
Town of Ithaca Assistance will is pro-
with
vided for individuals with
special needs. upon re-
t quest; requests should be I
1F made not less than 481
STATE OF NEW YORK) i hours prior 'to the public ;
COUNTY OF TOMPKINS ) SS : o- hearings.
ed - Bruce W. Bates
of Cod
TOWN OF ITHACA) I Director Enfocement
J 607-273- 1783
Dated: 70/ 1312009
Sworn to and subscribed before me this 16th day of October, 2009 . Published: 10/ 16/2009
I 10/ 16/2009
L i
r)aub4c,
Notary
DEBRA DEAUGISTINE
NOTARY PUBLIC -STATE OF NEW YORK
No . O1 DE6148035
Qualified In Tompkins County
my C@mmlesien expires June 10 , 2010
® AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK) SS . :
COUNTY OF TOMPKINS)
I , Paulette Terwilliger, being duly sworn , deposes and says , that
deponent is not a party to the actions , is over 21 years of age and whose
professional address is 215 N . Tioga St , Ithaca , NY .
That the deponent served the within Notice of Public Hearings upon
the attached list of interested parties on October 16 , 20097
By depositing same enclosed in a postage - paid , addressed wrapper,
in a post office under the exclusive care and custody of the United States
Post Office Department withi a State of New York,
Paulette Terwilliger
Sworn to before me this 10th day of October 2009 .
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Nota ub is
DEBRA DEAUGISTINE
NOTARY PUBLIC - STATE OF NEW YORK
No . OIDE6148035
Qualified In Tompkins County
My COMMA110n 6xpim June 1 ® , 3010
Freeman , Gust Jr & Virginia W Austen , Edward N & Gayleen Rich , Bruce H & Lingayen S
16 Dubois Rd 255 Dubois Rd 253 Dubois Rd
ca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Dietrich , Timothy & Julie J Hickes , Robert Kethevan , Nina
221 Dubois Rd 249 Dubois Rd 250 Dubois Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Ball , Donald C & Marion S Howland , Nancy L Sturgeon , Nicholas & Joanne
134 Woolf Ln 6 Evergreen Ln 240 Dubois Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Jordan , Ann Kobas , George V & Linda G F Dietrich , Timothy & Leslie
238 Dubois Rd 2 Evergreen Ln 24 Thurston Ave
Ithaca, NY 14850 Ithaca, NY 14850 Wilmington , MA 01887
Galuer, Raymond & Eleanor Shames , Melissa B Wu , Paul
217 Dubois Rd 219 Dubois Rd 4 Evergreen Ln
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Mr
Sherwood , Jane Churchill , Richard F & Jamie Heslop, Patricia
254 Dubois Rd 244 Dubois Rd 175 Woolf Ln
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Smith , Antoinette
242 Dubois Rd
Ithaca, NY 14850
Ke, Shao & Li , Run Wen Valentine , Deborah A McGuire , John & Isabel
125 Pine Tree Rd 6 Castle Rd 123 Pine Tree Rd
ca, NY 14850 New Gloucester, ME 04260 Ithaca, NY 14850
Colle , Royal D Stewart , David & Levy, Janice Launer, Justin
121 Pine Tree Rd 119 Pine Tree Rd 2630 North 83rd PI
Ithaca, NY 14850 Ithaca, NY 14850 Scottsdale , AZ 85257
Schwager, Steven J Ayers , Lorraine P Wahl , David & Olivia
111 Donlon Hall , Cornell Univ 116 Pine Tree Rd 118 Pine Tree Rd
Ithaca, NY 14853 Ithaca, NY 14850 Ithaca, NY 14850
Sciore , Lucia A & Jones , David Shreve , Kevin & Lynn Carmichael , Mary Margaret
124 Pine Tree Rd 115 Pine Tree Rd 122 Pine Tree Rd
Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850
Fleischmann , Hans H
126 Pine Tree Rd
Ithaca, NY 14850
WorkCentre 7328
Broadcast Report
0 ID ( 607 ) 273 5854 Date / Time : 1O / 15 / 2OO9 ; O1 : 13PM
Page : 1
Local Name Town of Ithaca
Logo
Document Size 8 . SX11 " SEF
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, OCTOBER 26. 2009
215 North Tioga Street, Ithaca
7:00 P.M.
APPEAL of David Stewart requesting a variance from Chapter 270, Section (C), Side
yard set back, to allow insufficient setback for an existing garage at 119 Pine Tree Rd,
Tax Parcel #57:1 -20, Medium Density Residential Zone (MDR).
APPEAL of Be ara Alden and Ellen Baer, requesting Variances from Chapter 270,
Section 62, , & C) to be allowed to subdivide property resulting in Insufficient
setbacks on o of the proposed parcels located at 247 Dubois Rd, Tax Parcel # 22.-2-
1 .31 ,
2:2-
1 .31 , Low Density Residential, (LDR).
Assistance will be provided for individuals with special needs, upon request requests
should be made not less than 48 hours prior to the public hearings.
Bruce W. Bates
Director of Code Enforcement
607.273-1783
Dated: 10/13/2009
Published: 10/16/2009
No . Doc . Remote Station Start Time Duration Pages Mode Contents Status
1 8572 Tompkins Weekly 10 - 15 ; 1 : OOPM 14s 1 / 1 SG3 BC CP
2 8572 Daily Sun 1 : O1PM 2Os 1 / 1 ECM BC CP
3 8572 Cornell Comm Relat 1 : O3PM 205 1 / 1 ECM BC CP
4 8572 Cornell News 1 : O4PM 14s 1 / 1 SG3 BC CP
5 8572 WPIE NEWS DESK 1 : O5PM 12s 1 / 1 SG3 BC CP
6 8572 WSKG 1 : O6PM 24s 1 / 1 G3 BC CP
7 8572 Les Jinks 1 : O7PM 21s 1 / 1 ECM BC CP
8 8572 WICB 1 : O9PM 7s 1 / 1 SG3 BC CP
WorkCentre 7328
Broadcast Report .
G3 ID ( 607 ) 273 5854 Date / Time : 10 / 15 / 2009 ; 01 : 13PM
Page : 2 ( Last Page )
Local Name Town of Ithaca
Logo
No . Doc . Remote Station Start Time Duration Pages Mode Contents Status
9 8572 WHCV WYKO LITE 97 1 : 1OPM 7s 1 / 1 SG3 BC CP
10 8572 Ithaca Times 1 : 11PM 7s 1 / 1 SG3 BC CP
11 8572 Ithaca Journal 1 : 12PM 24s 1 / 1 63 BC CP
Note :
RE : Resend MB : Send to Mailbox BC : Broadcast MP : Multi Polling RV : Remote Service
PG : Polling RB : Relay Broadcast RS : Relay Send BF : Box Fax Forward CP : Completed
SA : Send Again EN : Engaged AS : Auto Send TM : Terminated