HomeMy WebLinkAboutZBA 28.-1-11.2 Area Variance 10/21/1981IXOWil Ok' 11111fACA GUNINU isujaw we APPE'YiL5
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, OCTOBER 21: 1981
By direction direction of the Chairman of the Zoning Board of Appeals NOTICE
IS'41IEREBY GIVEN that Public Hearings will be held by the Zoning Board
of Appeals of the Town of Ithaca on Wednesday, October 21, 1981, in Town
Hall, 126 East Seneca Street (FIRST Floor, REAR Entrance, WEST Side),
Ithaca, N.Y., at the following times and on the following matters:
+77'030 r,P.M. Decision in, the matter of the Appeal of Leo Deeb. (Public
Hearing closed.
7:40 P.M. Appeal of the Country Club of Ithaca A ellant George J1\
, PP g .-
Vignaux; General Manager, as Agent, from the decision of the
Building Inspector denying a building permit to erect a fence
greater than six (6) feet in height at the north property
line at 1011 Hanshaw Road,.Tax Parcel No. 6-71-7-1; Ithaca,
N.Y. Permission is denied under Article XIII, Section 65,
and Article XIV, Section 75, of,the Town of Ithaca Zoning
Ordinance,
7:50 P.M.. Appeal of Mrs. Curt Foerster, Appellant, Rane Randolph, as
Agent, from the decision of the Building Inspector denying a
PAP building permit to reconstruct an existing building creating
a side yard deficient in size at -881 Taughannock Blvd.,. Tax
8:00 P.M.
8:10 Pome
Parcel No. 6-25-2-20, Ithaca, N.Y. Permission is.denied
under Article IV, Section 14, and Article XIV,"Section 75, of
the Town of Ithaca Zoning Ordinance,
Appeal of Dr. Roger H. Perry and Dr. L. Anthony Speno,
Appellants, from the;decision of the -Building Inspector
denying permission to erect a freestanding sign greater than
four (4) square feet at 112 West Buttermilk Falls Road, Tax
Parcel No. 6-31-2-9, Ithaca, N.Y. Sign permit is denied
under Section 4.01-1(a) of the Town of Ithaca Sign Law, Local
Law No. 6-1980.
Appeal of Sal -Aug Corp., Appellant, Joseph Salino, Owner,.
from the decision of the Building Inspector denying a building
permit to construct a 10' x 12' addition to an exi-sting
structure creating a side yard deficient in size at 630.Elmira
Road, Tax Parcel No. 6-33-3-3, Ithaca, N.Y. Permission is.
denied under Article VIII, Section 44, paragraph 2, and
Article XIV,-'.:S.ection 75, of the Town of Ithaca Zoning Ordinance.
Notice of Public Hearings
r`Town,.of Ithaca
Zoning Board of Appeals
October 21, 1981 Page Two
8:20 P.M. Appeal of Frank L. and Toni D. Prudence, Appellants, from the
decision of the Building Inspector denying a building permit
for an addition to an existing warehouse (legal non -conforming
use, F & T Distributing Co.) at 1395 Mecklenburg Road, Tax
Parcel No. 6-28-1-11.2, Ithaca, N.Y. Permission is denied
under Article XII, Section 541, and Article XIV, Section 75,
of the Town of Ithaca Zoning Ordinance.
`t
8:30 P.M. Appeal of David Wexler, Appellant, from the decision of the
Building Inspector denying a building permit to construct'a
garage with a side yard deficient in size at 209 Roat Street,
Tax Parcel No. 6-71-5-1, Ithaca, N.Y. Permission is denied
under Article IV, Section 14, and Article XIV, Section 75,
of the Town ofIthaca ZoningOrdinance.
1 ance. .
Said Zoning Board of Appeals will at said times and said place hear
all persons in support of such matters or objections thereto,
may appear by agent or in.person.
Dated: October 13, 1981
Publish: October 16, 1981.
1. .
i
I
Lewis D. Cartee
Building.Inspector
Town of Ithaca
Persons
u
-zoning Board of Appeals -13- October 21, 1981
APPEAL
OF
FRANK L.
AND
TONI
D. PRUDENCE,
APPELLANTS,
FROM THE
DECISION
After being
our
then come back
OF THE
BUILDING
INSPECTOR
DENYING
A BUILDING PERMIT
FOR AN
ADDITION
TO AN
EXISTING
WAREHOUSE (LEGAL NON -CONFORMING USE, F & T DISTRIBUTING CO.) AT 1395 MECKLEN-
BURG ROAD, TAX PARCEL NO. 6-28-1-11.2, ITHACA, N.Y. PERMISSION IS DENIED
UNDER ARTICLE XII, SECTION 54, AND ARTICLE XIV, SECTION 75, OF THE TOWN OF
ITHACA ZONING ORDINANCE.
Vice -Chairman Austen declared the Public Hearing in the above -noted
matter duly opened at 8:33 p.m.
Mr. Frank Prudence appeared before the Board and referred to his
Appeal, which the members had received prior to this meeting, and which reads
as follows:
"..:Having been denied permission to extend
addition of 112 sq.ft. garage to house route
...PRACTICAL DIFFICULTUES and/or UNNECESSARY
requesting an additional 4 feet to the east
a non conforming use by the
trucks at 1395 Mecklenburg Road_,
HARDSHIP as follows: We are
or our original proposal. The
original plans
were my own and I
wanted the
east wall
of the addition to run
in line with
contracted Mr.
went 4 feet more
we would have
the existing wall.
Norm Jordan to construct
to the east and
a much sounder structure.
After being
our
then come back
granted
addition.
into
the first variance, we
He felt that if we
the existing wall, then
Dated: 10/9/81
(Sgd.) Frank L. Prudence"
It was noted that at its September 23, 1981, meeting the Board had
granted a. variance for an addition to Mr. Prudence's warehouse, as follows:
"RESOLVED, that, pursuant to the authority granted to it by Section 54 of
the Town of Ithaca Zoning Ordinance, as amended, the Zoning Board of Appeals
of said Town grant and hereby does grant approval of the proposed 756 sq.ft,
addition to the existing warehouse, being a legal non -conforming use by F &
T Distributing Co., at 1395 Mecklenburg Road, Town of Ithaca Tax Parcel No.
6-28-1-11.2, as requested by Frank L. and Toni D. Prudence, Appellants."
Mr. Prudence stated that the presently requested "addition" is 4' x 28'
= 112 sq.ft. and is needed to make the addition to the existing warehouse
sounder.
Mr. Aron asked several technical questions of Mr. Prudence, including
if the existing building is metal to which the addition, being cinder blocks,
is to be attached. Mr. Prudence stated that that was the case. Mr. Aron
stated that Mr. Jordan's proposal is quite correct and that a pilaster would
be needed to attach a metal building to a cinder block building.
Vice -Chairman Austen asked if there were anyone present who wished to
speak to this matter. No one spoke.
Mr. Aron stated that he thought that Mr. Prudence needed this additional
4' and he could see no reason not to grant it. The Board members concurred
and noted that the building would still not be any closer to the road.
MOTION by Mr. Henry Aron, seconded by Mrs.. Joan Reuning:
RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant
and hereby does grant, pursuant to Section 54 of the Ordinance, approval of
an addition of -4' x 28' to that addition of 27' x 28' heretofore approved on
September 23, 1981, to the existing warehouse, being a legal non -conforming
Zoning Board of Appeals -14- October 21, 131§7.
use by F & T Distributing Co., at 1395 Mecklenburg Road, Town of Ithaca Tax
Parcel No. 6-28-1-11.2, as requested by Frank L. and Toni D. Prudence,
Appellants, such further addition being.needed for soundness.of the structure.
By way of discussion, it was noted for the record that the following
letter was received from Mr. Frank R. Liguori, Commissioner of Planning,
Tompkins County Department of Planning, dated October 20, 1981.
"...RE: Zoning Review Pursuant to Section 239-1 and -m of the New York State
General Municipal Law,
CASE: Appeal for permit to expand a nonconforming facility by Frank L.
and Toni D. Prudence at 1395 Mecklenburg Road (State highway).
...This will acknowledge the receipt of the proposal for review under
Section 239-m.
The proposal, as sumbitted, will have no significant deleterious impact on
intercommunity, county, or state interests. Therefore, no recommendation is
indicated by.the County Planning Department and you are free to act without
prejudice.
There being no further discussion, the Vice -Chairman called for a vote.
Aye - Austen,
Nay - None.
Reuning, Aron.
The MOTION was declared to be carried unanimously.
Vice -Chairman Austen declared the matter of the Appeal of Frank L. and
Toni D. Prudence duly closed at 8:40 p.m.
APPEAL OF DAVID WEXLER, APPELLANT, FROM THE DECISION OF THE BUILDING
INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT A GARAGE WITH A SIDE YARD
DEFICIENT IN SIZE AT 209 ROAT STREET, TAX PARCEL NO. 6-71-5-1, ITHACA, N.Y.
PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 14, AND ARTICLE XIV, SECTION
75. OF .THE TOWN OF ITHACA ZONING ORDINANCE
Vice -Chairman Austen declared
matter duly opened at 8:40 p.m.
the Public Hearing in the above -noted
Mr. Wexler appeared before the Board and noted that the Board members
had each received a copy of his appeal with attachments; as follows:
"..!Having been denied permission to erect a garage at west side yard of
property with side yard of less than 15 feet in width at 209 Road Street...
PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: I was issued
a building permit on August 14, 1981, to erect the garage as per plot plan
(attached). The building inspector issued the permit by mistake because of.
not taking into account the road right of way. After the foundation was
started, I was notified by the inspector to submit this appeal to obtain
permission for the garage..
Dated: September 16, 1981
(Sgd.) David S. Wexler"
Mr. Cartee stated that a building permit for the construction of this
20' x 24' garage by Mr. Wexler was issued,erroneously by his office since
the structure is located 13' from the edge of the blacktop. Mr. Cartee
noted that Blackstone Avenue, the road alongside the garage, is a dead-end
street to the south. Mr. Cartee stated that there are two neighbors, one
■
`,,oning Board of Appeals -15- October 21, 1981
directly behind and one across the street from that house. He stated that
the Country Club of Ithaca property is to the south; it is wooded. He
stated that the paved portion of the road is 19' but it is a 50 -foot right
of way. Mr. Cartee stated that the garage is closer to the street right of
way than it should be through no fault of Mr. Wexler., Mr. Cartee stated that
lie discussed this situation with Mr. King who offered a recommendation which
he discussed with Mr. Fabbroni, that the Board grant a variance with one
stipulation that, if the road (Blackstone) is ever widened (through the
Country Club at some date, somewhere along the line), in that process the
garage would have to be removed. Mr. Cartee stated that everyone he has
spoken with has recommended the variance be granted. Mr. Cartee stated
that he -spoke with Mr. Everett Markwardt, 203 Blackstone, who had telephoned
him (Cartee) to inquire about the building and who had no opinion pro or con,
but was just inquisitive.
Vice -Chairman Austen asked if there were anyone present who wished to
speak to this matter.
Mr.
Roland
Town of Ithaca Zoning Board of Appeals grant and
Bentley, 301
Roat
Street, who
was present with his wife,
requirements of Section 14 of the Town
Prudence,
stated
the possibility
that they
live directly
across
from the Wexlers and
that
on Town of Ithaca Tax Parcel No. 6-
71-5-1,
209 Roat Street,
he came
Ithaca, N.Y,
having a side yard deficient in size,
i.e.,
thirteen feet
the building
from the
is
an asset.
Mr. Bentley
stated
that in no way does it
inter-
fere with
their
Inspector
ingress or
egress.
Mr. Bentley
stated that he would
speak
he did
not know it
was
wrong.
He
stated that two neighbors
objected to the
in support
of
but
the
not
variance
He stated
for
the
adding this
garage.
it
Mr. Wexler stated that the house is 50 years old.
Mr. Aron stated that due to the evidence heard and the recommendation
made by Mr. Bentley from the public, he would MOVE that it be --
RESOLVED, that
the
Town of Ithaca Zoning Board of Appeals grant and
hereby
does grant a
variance
from the
requirements of Section 14 of the Town
of Ithaca
Zoning Ordinance,
the possibility
as amended,.to
permit the issuance of a building
permit
for a garage
to be constructed
on Town of Ithaca Tax Parcel No. 6-
71-5-1,
209 Roat Street,
he came
Ithaca, N.Y,
having a side yard deficient in size,
i.e.,
thirteen feet
(13')
from the
paved portion of Blackstone Avenue to the
west,
contingent on
the
fact that if
and when Blackstone Avenue should ever
be extended
and widened
Inspector
the garage
should then be moved.
Mr. Aron noted that Mr. Wexler had indicated that he did not know the
building permit was issued wrongfully and then he was notified after just
the foundation was in. Mr. Aron stated that he did not think it too much
of a hardship to take those cinder blocks down.
Mr. Wexler stated that the Mr. Aron was wrong, and stated that there
were fifteen yards of concrete footers poured -- 10" deep by 2' -- the
footers were poured, not the floor, and over 500 blocks were laid. Mr.
Wexler stated that that area is approximately 16" below the road, and the
blocks had to be brought up from 3' down.
Mr. Wexler stated that he did have permission to build the garage. He
Mr.
Wexler stated
that he
objected
to this motion very
strongly even
though
the possibility
of widening
the road or extending it
is 99 to 1. Mr.
Wexler
stated that
he came
to the
Town office in good faith
as far as putting
up the
garage.. He
stated
that
he
got the Building Permit as
issued by the
Town
Building
Inspector
regardless
if it was right or wrong.
He stated that
he did
not know it
was
wrong.
He
stated that two neighbors
objected to the
Building
Inspector
but
they did
not
-even show up for this meeting.
He stated
that
by
adding this
contingency
it
puts the wrongdoing on him
and it was
really
not
his wrongdoing.
Mr. Aron noted that Mr. Wexler had indicated that he did not know the
building permit was issued wrongfully and then he was notified after just
the foundation was in. Mr. Aron stated that he did not think it too much
of a hardship to take those cinder blocks down.
Mr. Wexler stated that the Mr. Aron was wrong, and stated that there
were fifteen yards of concrete footers poured -- 10" deep by 2' -- the
footers were poured, not the floor, and over 500 blocks were laid. Mr.
Wexler stated that that area is approximately 16" below the road, and the
blocks had to be brought up from 3' down.
Mr. Wexler stated that he did have permission to build the garage. He
Zoning Board of Appeals -16- October 21, 1931
stated that he talked to his lawyer and as far as the permit goes, it is -
permission from the Town to build.
Mr. Aron commented that Blackstone Avenue will probably not be changed,
however, he, personally, would not feel comfortable burdening future Zoning
Boards of Appeal in this regard.
It was noted that there are two houses at the end of this dead-end street
Mr. Wexler stated that he just wanted it to be known that he has a
clear
to be
conscience in this
comfortable also
matter. He stated that
-- that his grandchildren
he would want his family
would not have to tear the
garage
down.
help
Mr. Cartee noted
Mr. Wexler's feelings.
that the Town has admitted
its mistake and that should
Mr. Aron stated that he «could withdraw his motion.
MOTION by Mr. Henry Aron, seconded by Mrs. Joan Reuning:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant a variance from the requirements of Section 14 of the Town
of Ithaca Zoning Ordinance, as amended, to permit the continued. construction
of a garage of 24' x 20' with a west side yard deficient in size, i.e.,
thirteen feet (13') from the paved portion of Blackstone Avenue, on Town of
Ithaca Tax Parcel No. 6-71-5-1, 209 Roat Street, David S. Wexler, 0wner/Appel-
lant, with the contingency that should the Town of Ithaca widen Blackstone
Avenue in a direction toward said garage such that said garage interferes
with such widening, then and only then said garage shall be moved..
There being no further discussion, the Vice -Chairman called for a vote.
Aye . Austen, Reuning,.Aron.
Nay - None.
The MOTION was declared to be carried unanimously.
Vice -Chairman Austen declared the matter of the Appeal of David Wexler
duly closed at 9:00 p.m.
ADJOURNMENT `
Upon Motion, Vice -Chairman Austen declared the October 21, 1981 meeting
of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9:00 p.m.
Nancy M. Fuller,
Secretary,
Zoning Board of Appeals,
Town of Ithaca.
Edward N. Austen, Vice -Chairman
Town of Ithaca Zoning Board of Appeals
TOMPKINS COUNTY DEPARTMENT OF PLANNING
Frank R. Liguori PE Commissioner of Planning
October -20, 1981
Mr. Lewis Cartee
Building Inspector
Town of Ithaca
126 E. Seneca Street
Ithaca, NY 14850
RE: Zoning Review Pursuant to Section 239-1 and -m of the New York
State General Municipal Law.
CASE: Appeal
for
permit to expand
a nonconforming
facility by
Frank
L. and
Toni
D. Prudence at
1395 Mecklenburg
Road (State
highway)
Dear Mr. Cartee:
This will acknowledge the receipt of the proposal for review under
Section 239-m.
The proposal, as submitted, will have no significant deleterious impact
on intercommunity, county, or state interests. Therefore, no recommenda-
tion is indicated by the County Planning Department and you are free to
act without prejudice.
Sincerly,
i�i�i��'�►l� ' 1^
Frank R. Liguor
Commissioner of Planning
FRL:ys
128 East Buffalo Street, Ithaca, New York Telephone (607) 274.5286 /274.5287
f' TOWN OF ITHACA
NEW YORK
i
A P P E A L
to the
Building Inspector
and the Zoning Board of Appeals
of the Town of Ithaca, New York
� yfr
Having been denied permission to Extend a non conforming use by the
.addition of 112 sq. ft. garage to house route trucks.
at 1395 Mecklenburg Rd. Ithaca, N.Y. Ithaca, New York,
as shown on the accompanying application and/or plans or other supporting
documents, for the stated reason that the issuance of such permit would
be in violation of
Article(s) XII Section(s) 54 ,
.9
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from..such denial and,
in support of the appeal, affirms that strict observance of the Ordinance
would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as
follows:
We are requesting an additonall feet to the east of
_proposal. The original plans were my own and I wanted the east wall of the u.
addition to run in line with the existing wall.
After being granted the first varience, we contracted Mr. Norm Jordan
to construct our addition.
He felt that if we went
feet more to the east
and then come back into the existing wall, then we would have a much
sounder structure.
Signed
Dated:
>
Ithaca,
New York
Fee:
$7.50
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, SEPTEMBER 23, 1981
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 Wednesday, September 23, 1981, in Town
Hall, 126 East Seneca Street (FIRST Floor, REAR Entrance, WEST Side),
Ithaca, N.Y., at the following times and on the following matters:
7:30 P.M.
7:35 P.M.
7:45 P.M.
7:55 P.M.
Adjourned Appeal of Dr. Achilles M. Filios in re garage
construction with side and front yards deficient in size at
1125 Trumansburg Road. (From September 2, 1981.)
Adjourned Appeal of Leo Deeb in re conversion of a non -conforming
use to a convenient market at 522 East Shore Drive. (From
September 2, 1981.)
Appeal of Barbara Hall and Barbara Rowan, Appellants, Murray
F. Lewis, Esq., as Agent, from the decision of the.Building
Inspector denying Certificate of Compliance for property upon
which there is an accessory building less than three feet from
rear lot line, 1209 Mecklenburg Road, Tax Parcel No. 6-28-2-
6.301, Ithaca, N.Y. Certificate is denied under Article IV,
Section 13, and Article XIV, Section 76, of the Town of.Ithaca
Zoning Ordinance.
Appeal of Dr. Frank C. Baldwin, Jr. and Blythe.C. Baldwin,
Appellants, from the decision of the Building Inspector denying
Building Permit for structure to house sheep and denying permis-
sion to keep sheep, a duck, a goose, and four chickens.at 149
Pine Tree Road, Tax Parcel No. 6-57-1-7.2, Ithaca, N.Y. Permis-
sion is denied under Article.IV, Section 12, and Article XIV,
Section 75, of the Town of Ithaca Zoning Ordinance,
8:10 P.M. Appeal of Frank L. and Toni D. Prudence, Appellants, from the
decision of the Building Inspector denying Building Permit for
an addition to an existing warehouse (legal non -conforming use,
F & T Distributing Co.), at 1395 Mecklenburg Road, Tax Parcel No.
6-28-1-11.2, Ithaca, N.Y. Permit is denied under Article XII,.
Section 54, and Article XIV, Section 75, of the Town of Ithaca
Zoning Ordinance,
8:20 P.M. Appeal of Stanley J. Bowman, Appellant, from the decision of the
Building Inspector denying Building Permit for the .renovation
of an existing three -car garage to an Artist Studio for pottery
Zoning Board of Appeals
-9-
September 23, 1981
3. The proposed use and the location of the structure proposed is consis-
tent with the character of the district in which it is located;
4. The proposed use is not detrimental to the general amenity or neighbor-
hood character in amounts sufficient to devaluate neighboring property
or seriously inconvenience neighboring inhabitants;
5. The proposed access and egress for the structure and use is safely
designed;
6. The general effect of the proposal upon the community is not detrimental
to the health, safety and general welfare of the community.
AND FURTHER RESOLVED, that said Zoning Board of Appeals, having made
such determination, grant and hereby does grant a use variance to Dr. Frank
C. Baldwin, Jr..and Blythe C. Baldwin from the requirements of the Town of
Ithaca Zoning Ordinance, Article IV, Section 12, to permit a structure to
house sheep and to permit the keeping.of sheep, a duck, a goose, and four
chickens, at 149 Pine Tree Road, Town of Ithaca Tax Parcel No. 6-57-1-7.2.
There being no further discussion, the Chair called for a vote.
Aye - Hewett, Austen, Aron, Reuning.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Hewett declared the matter of the Appeal of Dr. Frank C.,
Baldwin, Jr. and Blythe C. Baldwin duly closed at 9:00 p.m.
APPEAL OF FRANK L. AND TONI D. PRUDENCE,APPELLANTS, FROM THE DECISION OF
THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR AN ADDITION TO AN
EXISTING WAREHOUSE (LEGAL NON -CONFORMING USE, F & T DISTRIBUTING CO.), AT
1395 MECKLENBURG ROAD, TAX PARCEL NO, 6-28-1-11.2, ITHACA, N.Y. PERMIT IS
DENIED UNDER ARTICLE XII, SECTION 54, AND ARTICLE XIV, SECTION 75, OF THE
TOWN OF ITHACA ZONING ORDINANCE.
Chairman Hewett declared the Public Hearing in. the above -noted. matter
duly opened at 9:00 p.m.
Frank Prudence and Dianne Prudence.appeared before the Board and Mr.
Prudence referred to the Appeal Form withattached,,plot plan as had been
forwarded to the Board prior to the meeting., such Appeal reading as
follows:
"... Extend a non conforming use by addition of 756 sq.ft, garage to house
route trucks at 1395 Mecklenburg Rd. ... We would use this addition to
house our route trucks, which do'not fit in our present facilities. Keeping
our route trucks parked outside creates a few .problems: Our products are
sensitive to both extreme heat and cold, therefore during these extreme
weather conditions we have to unload. and reload all. sensitive products,
which otherwise could be left on the trucks. It takes about two hours each
day to load a route truck. In extremely cold or adverse weather it is very
uncomfortable for the person loading the truck. (Sgd.) Frank L. Prudence;
Dated: 9/14/81."
Mr. Prudence stated that the application shows the addition proposed
to house the trucks, being an extension to the east wall extending north.
28' and then west 27' to connect to the existing front of the building
132' short of the front wall (north) of the existing building. Mr.
Prudence described the need to have a place to load and unload the trucks
in cold weather. He stated that they have to ).peep the doors open
approximately three hours a day while loading trucks and this causes a lot
of, heat loss,
that with the
inside,
noting a
$2,500.00
cost
for
the heat
for
one room.
He stated
addition
they could
keep
the
trucks
in at
night and
load
Mr. Austen asked Mr. Prudence whether or not he had room in the
existing building. Mr. Prudence stated that he did not, adding that two
of the trucks cannot. get through the door and there is not room to get them
in anyway even if they got through the door. 1.
Mr. Austen noted that the addition Mr. Prudence is proposing will mean
that he is not going to be any closer than the present building is to the
road line. Mr. Prudence agreed and added that the addition is not even as
far toward the road as the existing building.
Chairman Hewett asked if there were anyone present who wished to speak
to this matter. No one spoke:
Mrs. Reuning stated that she. felt, since the proposed addition will
not increase traffic or increase the use of the building, that she could see
no problem.
Mr. Hewett stated that he agreed with Mrs. Reuning.
MOTION by Mrs. Joan Reuning, seconded by Mr. Henry Aron:
RESOLVED, that, pursuant to the authority granted to it by Section
54 of the Town of Ithaca Zoning Ordinance, as amended, the Zoning Board of
Appeals of said Town grant and hereby does grant approval of the proposed
756 sq.ft. addition to.the existing warehouse, being a.legal non -conforming
use by F & T Distributing Co., at 1395 Mecklenburg Road, Town of Ithaca
Tax Parcel No. 6-28-1-11.2, as requested by Frank L. and Toni D. Prudence,
Appellants.
There being no further discussion, the Chair called for .a vote.
Aye - Hewett, Austen, Aron, Reuning.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Hewett declared the matter of the Appeal of Frank L. and Toni
D. Prudence duly closed at 9:03 p.m.
APPEAL OF STANLEY J. BOWMAN, APPELLANT, FROM THE DECISION OF THE BUILDING
INSECTOR DENYING BUILDING PERMIT FOR THE RENOVATION OF AN EXISTING THREE -
CAR GARAGE TO AN ARTIST STUDIO FOR POTTERY AND PHOTOGRAPHY AS A HOME OCCUPA-
TIO IN AN AREA IN EXCESS OF 200 SQ.FT., AT 904-906 EAST SHORE DRIVE, TAX
PARCEL NO. 6-18-2-10, ITHACA, N.Y. PERMIT IS DENIED UNDER ARTICLE IV,
SECTION 12, PARAGRAPH 61 AND ARTICLE XIV, SECTION 75, OF THE TOWN OF ITHACA
ZONING ORDINANCE.
Chairman Hewett declared the Public Hearing in the above -noted matter
duly opened at 9:04 p.m.
Mr. and Mrs. Bowman appeared before the Board with their Attorney,
Richard Thaler. The Board members had before them the Appeal Form with
attached drawings, as follows:
"... Having been denied permission existing three car garagE
on to renovate the
at 904-6 East Shore Drive .. My wife, a potter, and I, a photographer, wish
to use the entire garage jointly as an artist studio.. The 200 sq. ft.
Zoning Board of
Appeals
-11-
September 23, 1981
regulation might
give me enough.space
to
establish.
a
photography studio
but
would not accommodate
both my wife
and I.
If a variance
is not granted
we
must then maintain
two separate
studios,
which would
be a financial hard-
ship. Moreover,
I believe such
a variance
is within
the intent of the
law,
and our studio will
certainly maintain
the
character
and nature of the
neighborhood. (Sgd.)
Stanley J.
Bowman.
Dated:
9/14/81."
The attached drawings show:
1. The Site Plan of the entire parcel with the existing structures thereon
-- the house known as 906 East Shore Drive; the house known as 904 East
Shore Drive; the garage in question; a shed.
2. The Proposed Floor Plan of the garage in question (934 sq.ft.).
Attorney Thaler displayed for the Board two very large colored photo-
graphs of the house and garage on the Bowman's property. Referring to the
garage, Mr. Thaler stated that the beautiful exterior will not be changed
at all, only the interior to house two studios -- photography studio,
210 sq.ft. -- ceramic studio, 475 sq.ft. -- dark room, 115 sq.ft. -- bath,
40 sq.ft. -- entry way.!- as shown on the internal plan attached to the
Appeal Form. Mr. Thaler stated that the proposed use will not change the
character of the area or the neighborhood. He stated that there will be
no commercial sales. He stated that the studios are for their own private
use in creating their own particular items.
Mr. Hewett asked if the beautiful garage doors are to be changed.
Mr. Bowman said that they would not be changed.
Mr. Thaler stated that the variance is just to do what the intent of
the law is, i.e., permit a home occupation. He stated that the 200 -foot
requirement is the problem in this case, since that is basically.only big
enough for the photography studio and would leave the rest of the garage
empty. He stated that pottery -making requires more room. He stated that
the grant of variance would make the building more efficient and more
financially feasible.
Mr. Aron asked if the Bowmans had automobiles. Mr. Bowman said that
they have one automobile. Mr. Aron asked if it were kept in the garage and
would then be parked outside. Mr. Bowman stated that that is not the case;
they do not live at the premises.
Mr. Austen asked if the..Bowmans own the two houses existing on the
parcel. Mr. Bowman stated that they do; they purchased the property from
the Olsefskis.
Mrs. Reuning asked if they would be teaching classes on the premises.
Both Mr. and Mrs. Bowman stated that they would not.
Mr. Cartee noted that there is no public sewer available and asked
if a permit to connect to the private sewer system has been obtained. Mr..
Cartee noted that there is public water. available.
Mr. Thaler stated that Mr. and Mrs. Bowman would have to get a permit
from the Tompkins County Health Department, which they will do as part of
the application for building permit process.
Chairman Hewett pointed out that no one was left in the audience,
except the young lady from the Ithaca Journal, so it would appear as though
no one wished to speak to the matter, adding that the neighbors were
notified by mail.
Zoning Board of Appeals -12- September 23, 1981,,
MOTION by Mr. Henry Aron, seconded by Mrs. Joan Reuning:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant an area variance from the requirements of the Town of
Ithaca Zoning Ordinance, Article IV, Section 12, paragraph 6, to permit the
renovation of an existing three -car garage to an artist studio for pottery
.and photography as a home occupation in an area in excess of 200 sq. ft.,
at 904-906 East Shore Drive, Town of Ithaca Tax Parcel No. 6-18-2-10, said
existing garage containing 934 sq.ft., subject to the approval of the
Tompkins County Health Department in.re the septic system.
There being no further discussion, the Chair called for a vote.
Aye - Hewett,.Austen, Aron, Reuning.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Hewett declared the matter of the Appeal of Stanley J. Bowman
duly closed at 9:10 p.m.
ADJOURNMENT
Upon Motion, Chairman Hewett declared the September 233 1981, meeting
of the Town of Ithaca Zoning Board of Appeals duly -adjourned at 9:11 p.m.
NEXT MEETING
The Board agreed that it would meet next on Wednesday, October 21,
1981.
Respectfully submitted,
Nancy. M. Fuller,
Secretary,
Zoning Board of Appeals
Jack D. Hewett, Chairman
Zonp_ng Board of Appeals
c
I
� TOWN OF ITHACA
NEW YORK
A P P E A L
to the
Building Inspector
and the Zoning Board of Appeals
of the Town of Ithaca, New York
Having been denied permission to Extend a nnn
nnnforpai na
use by additon of 756 sq. ft* garage to house route trucks.
at 1395 Ithaca, New York,
as shown on the accompanying application and/or plans or other supporting
documents, for the stated reason that the issuance of such permit would
be in violation of
Article(s) XII Section(s) .5 /�/
Xis
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such denial and,
in support of the appeal, affirms that strict observance of the Ordinance
would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as
follows:
We would use this addition to house our route trucks, which do
not fit in our present facilities. Keeping our route trucks narked
outside creates a few problems. Our products are sensitive to both
extreme heat and cold, therefore during these extreme weather conditions
we have to unload and reload all sensitive products, which otherwise
could be left on the trucks. It takes about two hours each day to load
a route truck. In extremly cold or adverse weather i s v
uncomfortable for the person -loading the
Signed t
Dated:
Ithaca, New York
Fee: $7.50
N
3 4k V7 Asiribui«rg G'o., Iffev
1395 MECKLENBURG RD. — ITHACA, N.Y. 14850
Candy — Tobacco — Snacks — Chips — Instifuflonal Foods
We estimate that our overhead door is open about four hours
each day to load and unload the trucks. If we had this additmon
we could eliminate having a door open directly to the outside.
We heat only two rooms of our warehouse and we keep our thermostat
at 62 during the day and 50 at night. Even with these conservation
measures, our fuel bill last year was $2,500.00. We believe this
addition would greatly reduce our heating bill and at the same
time conserve engrgy.
We want to stress that the purpose of this addition is
not to increase the intensity of our operation in any way. It
is strictly for the purpose of housing our trucks and conserbing
energy and money.
"I certify that this sketch accurately
represents the existing situation at
1395 Mecklenburg Rd. (stating address
or tax parcel number) on Se
1981 (date) .
Z ning Board of Appeals -10- January 10, 1978
C
specified for the record.
There being no further discussion, the Vice -Chairman called for
a vote.
Aye - Hewett, Reuning, King, Austen.
Nay - None.
The MOTION was declared to be carried unanimously.
Vice -Chairman Hewett declared the public hearing in the matter
of the appeal of Edward and Margaret Rumsey duly adjourned at 9:20 p.m.
until Monday, January 23, 1978, at 8:00 p.m.
SIGN VARIANCES
1. Varaxon Electronics, Inc., 1319 Mecklenburg Road.
Mr. Bonnell presented the sign application for Varaxon Electronics,
Inc., which has been denied because the proposed sign exceeds the
square footage requirement by one-half square feeet. Varaxon
Electronics is located in an R-30 zone. They are requesting a
small free-standing sign in order that delivery trucks can locate
their premises.
MOTION by Mr. Edward King, seconded by Mr. Edward Austen:
RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca
approve and hereby does approve the granting of a variance to the
requirements of the Town of Ithaca Sign Ordinance to Varaxon
Electronics, Inc., 1319 Mecklenburg Road, for a free-standing sign
measuring 30" x 12" and containing the word "VARAXON" together with
an arrow.
There being no•further discussion, the Vice -Chairman called for a
vote.
Aye - Hewett, Reuning, King, Austen.
Nay - None.
The MOTION was declared to be carried unanimously.
/20 F and T Distributing Co., 1395 Mecklenburg Road.
Mr. Bonnell presented the sign application for F. and T. Distri-
buting Co., 1395 Mecklenburg Road.. The requested sign measures
5.13 sq.ft. and is to be located on front of a glass front store/
warehouse 30 feet from the center of the road, in a residential
R-30 zone. Mr. Bonnell stated that this property is the former
location of the antique business. He stated that it is a legal
non -conforming use and is located on the same side of the road as
Chase's.
MOTION by Mr. Jack Hewett, seconded by Mr. Edward Austen:
RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca
approve and hereby does approve the granting of a variance to the
IMM 0t Ithaca SIGN APPLICATION AND PERMIT <
L26 East Seneca Str _ Lgi Q
4 b�U -ICATION PLUS $1.00 PER SQ . FTC AREA OF EACH SIGN. m 2
thliK e ode.5Y> �--
Z"-. PPL I CATION DATE: 7 1 PERMIT.- DATE W
ZONING DISTRICT 3 O TAX MAP PARCEL ,r U > z
O
6PPLICANT F & T Distributing Co. TELPHONE 273-3
ADDRESS
1395 Mecklenburg Rd. Ithaca, N.Y.
'ROPERTY OWNER Frank L. Prudence & Toni D. Prudence
.DDRESS 1395 Mecklenburg Rd. Ithaca, N.Y.
TELPHONE 273-3811
,OCATION OF SIGN(S) in front of glass front store / warehouse 30 feet from
center of road at 1395 Mecklenburg Rd.
CALE DRAWING OR -ATTACHED -OR BLUE PRINT .------------------------------------ -
ATE If / � /—? �)
)APPROVED BY
)() DENIED UNDER SEC,
PPEAL ACTION
DATE OF APPEAL
DATE OF HEARING /z/D 7 8
25.00 DEPOSIT
F HEARING,
rc�l
SIGNATURE
...... 'PLANNING_BD ACTION---- "-'" -"- 'DATE.`
FOR ADVERTISEMENT
TOWN BD, ACTION DATE
2ND. PLANNING BD, ACTION
DATE
2ND, TOWN BD. ACTION DATE
126 East Seneca Street
Ithaca, Nem York J4350
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE'OF PUBLIC HEARINGS
TUESDAY, JANUARY 10, 1978
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 under the Zoning Ordinance of the Town of
Ithaca, on Tuesday, January 10, 1978 in the Town Hall, 126 East
Seneca Street (second floor), Ithaca, N. Y., at the following times
and on the following matters:
7:30`p.m. -Appeal-of Lawrence and Trinna Iacovelli, Appellants,
from the decision of.the Building Inspector denying permit
application change to allow 4 (four) dwelling units rather
than 2 (two) dwelling units at 167 Kendall Avenue, Parcel
No. 6-54-4-25 (formerly Parcel No. 6-54-•4-23), Ithaca, N. Y.
Permission is denied under Article III, Section 4, of the
Town of Ithaca Zoning Ordinance.
8:00 p.m. Appeal of Robert C. Hamilton, Appellant, from the decision
of the Building Inspector denying building location closer
than 15 (fifteen) feet to the side lot line at 316 Black-
• stone Avenue, Parcel No. 6-71-1-11.49, Ithaca, N. Y.
Permission is denied under Article IV, Section 14, of the
Town of Ithaca Zoning Ordinance.
8:15 p.m. Appeal of Edward and Margaret Rumsey, Appellants, from
the decision of the Building Inspector denying permit
application to construct additional storage warehouse
square footage at 110-116 Buttermilk Falls Road, Parcel
8;30 p.m.
Nos. 6-38-1-2 and 6-38-1-31 Ithaca, N. Y. Permission
is denied under Article V, Sections 18, 191 20, 21,
and 22 and Article XII, Section 54, of the Town of
Ithaca Zoning Ordinance.
Sign Variances:
Varaxon Electronics Inc., 1319 Mecklenburg Road,
2.5 square feet.
F and T Distributing Co., 1395 Mecklenburg Road,
5.13 square feet.
Lakeside Nursing Home, Inc., 1229 Trumansburg Road,
20.75 square feet.
Paleontological Research Institute,,1259 Trumansburg
Road, 12 square feet.
Said Board of Appeals will at said times and said place hear
all persons in support of such matters or objections thereto. Per-
sons may appear by agent or in person.
Dated:
Publish:
January 3, 1978
Januarh 5, 1978
r
AFFIDAVIT OF PUBLICATION
THE ITHACA JOURNAL
Margaret Capo. ro...Mi-. being duly sworn, deposes
and says, that he resides in Ithaca, County and state aforesaid and
of THE ITHACA JouRIVAL a public newspaper printed and published
in Ithaca aforesaid, and that a notice, of which the annexed is a true
copy, was published in said paper .........Aug ....7.y. 9.J 0 11.971
and that the first publication of said notice was on the .........7th 9
dayof ---••--•-•-•-•-•------••-•-•---•------------•---.
...0
Subscribed and sworrtobeffore me,
Of............................................Aug .
JANE M. REED
Notary Publi4k Stew of 14 4044* ----------------------------
No. 35-8518.904
QualiFied in Tompkins Count
Commission Expires March 90,
Aug' •--- 19-71-
.
........... 1.1-thJ---------- day
19--- 1
'lit1.L---1�:!-�---------- - ---------------
Notary Public,
Y
' By direction of thp*,d7aNvn of the Zoning
Board of Appeals no[9:20fd1hance
Hereby given that a
public hearing will be �tfie Zoning Board of
Appeae Town
of Ithaca on the11day of g.,1971at 7:30 p.m.
at Town Offices, 108 E. Green St., Ithaca on the
following matters:
Appeal of Ronald J. Meiczinger, Appellant,
from the decision of the Zoning Officer denying
permission for use of property (former
Flowerfield) as Retail Outlet and Auction House
at 1395 Mecklenburg Rd. Permit is denied by the
Zoning Officer under Art. V Sects. 18 and 19 of the
Zoning Ordinance.
Said Board of Appeals will at said time and
Place hear all persons in support of such matters
or objections thea Pe gps
agentorinpersmay appear by
on �'f'3'.
jW4PAVID W. COWAN
Augusf7.'%000,1971 ...g,.r Zoning officer
that
he
is
------------------------------------------------Bookkeeper------------•-------�..------... -- ...... ----...----•--
of THE ITHACA JouRIVAL a public newspaper printed and published
in Ithaca aforesaid, and that a notice, of which the annexed is a true
copy, was published in said paper .........Aug ....7.y. 9.J 0 11.971
and that the first publication of said notice was on the .........7th 9
dayof ---••--•-•-•-•-•------••-•-•---•------------•---.
...0
Subscribed and sworrtobeffore me,
Of............................................Aug .
JANE M. REED
Notary Publi4k Stew of 14 4044* ----------------------------
No. 35-8518.904
QualiFied in Tompkins Count
Commission Expires March 90,
Aug' •--- 19-71-
.
........... 1.1-thJ---------- day
19--- 1
'lit1.L---1�:!-�---------- - ---------------
Notary Public,
Y
' By direction of thp*,d7aNvn of the Zoning
Board of Appeals no[9:20fd1hance
Hereby given that a
public hearing will be �tfie Zoning Board of
Appeae Town
of Ithaca on the11day of g.,1971at 7:30 p.m.
at Town Offices, 108 E. Green St., Ithaca on the
following matters:
Appeal of Ronald J. Meiczinger, Appellant,
from the decision of the Zoning Officer denying
permission for use of property (former
Flowerfield) as Retail Outlet and Auction House
at 1395 Mecklenburg Rd. Permit is denied by the
Zoning Officer under Art. V Sects. 18 and 19 of the
Zoning Ordinance.
Said Board of Appeals will at said time and
Place hear all persons in support of such matters
or objections thea Pe gps
agentorinpersmay appear by
on �'f'3'.
jW4PAVID W. COWAN
Augusf7.'%000,1971 ...g,.r Zoning officer
TOWN OF ITHACA
NEW YORK
APPEAL
to the
Building Commissioner
and the Board of Zoning Appeals
of the Town of Ithaca, New York
Having been denied
AT
on the accompaxig
cion to
Ithaca, NoYe as
Application and/or plans or other
supporting documents, for the stated reason that the issuance
of such permit would be in violation of
Section(s)`i4j
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such
denial and, in support of the appealo affirms that strict obs
ervance of the Ordinance would impose PRACTICAL DIFFICULTIES
SARY HARDSHIP as follows:
0*1
Notice of Public Hearing
Zoning Board of appeals
By direction of the Chairman
notice is hereby given that
the Zoning Board of Appeals
the Town of Ithaca_.g. the
at `Z1,?b fg 4 at
lime
on 1. EI' ovi ng cMtere 0 A,
-rkppeal of ! (J2��,
.E�
of tAhe ZOARWOTM0FRe
the
Zoning Officer under
Zoning Ordinance.
Appeal of
dec-.szon 0
e 7o"Bing
r
57
of the Zoning Board of Appeal d
a public hearing will be held by
under the Zont rdina.nee of
day of &--- -�9ty/
�
j Appellant o
Permission f
from the decision
vertu z is oeniea by
Si'c'G F5, J I of theaiT1MW: �OJT.�
Appellantp from the
-.nmw.. • Bo:.ax�T.:.xa
Ing pernission for
C�A•,RL{d�r7G:YA'l '�"'� "�A�4/.��' iai�YG i+�CT'.6C14"=LYiAT1'Ri6^JS�.I� '
a Va
h eEro
r�
L Ung ag
Ordinance
...:.c Board of Appeals will at sada
� e.x: sons in support of such matters
Per rls may appear by agent or In
v'V
Zoning Of fo
G lis, aen:!Le i oy
of the
time and place hear all
or objections t'_.ereto
"erF0 ..
171
A
I
i
i
i
;RIs Legal Np!;ce "--- f e
I Is
the all
Are sixh _
TOWN OF ITHACAv open.
il) re- Notice of Public Hearing
Zoning Board of Appeals
d '
-` the By direction of the Chairman- of the Zoning Truri
Town. '
Boarof Appeals notice is hereby given 'that a Counti
' public hearing will be held by the Zoning Board of State c
V/t Appeals under the Zoning Ordinance of the Town
of Ithaca on the 11 day of Aug., 1971 at 7:30 p.m.. 'Aug.u
Ot. at Town Offices, 108 E. Green St., Ithaca on the
'ary following matters:
ley. from the decial of sionofthe Zoning Officerpdenying The
his permission for use of property (former School
Flowerfield) as Retail Outlet and Auction House invites
]' 12 at 1395 Mecklenburg Rd. Permit is denied by the 19 1. Bi,
.60 Zoning Officer under Art. V Sects. 18 and 19 of the
Zoning Ordinance. Thursdal
Said Board of Appeals will at said time and Central 5
place hear all persons in support of such matters E ratiobtao!
00 or objections thereto. Persons may appear by Education
A0 agent or in person. bids. .
DAVIi7.W. COWAN'
Zoning Officer
August 7, 9, 10, 1971
August
1
July 29, 1971
A variance on the business property at 1395 Ileciklenburg Road is requested
for the folloviing reason:
The house and business property were purchased as a unit. Taxes
and insurance on the business property m<�_e it necessary to rent
it ip order, to avoid a fi�Gncial hardship.
J
lne.front portion is to be used Ws a retail used furniture outlet and the
rear ;portion for an auction house. (see tenant's statement of proposed use.)
Parking space is available off the highwany. Only the signs described below
will be displayed:
. in illuminated sign attached to the building, used by the
-previous owner.
B. A signpost now located near the road, displaying a sign
of allowable size.
This variance is requested for a -period of one year.
i
July 29, 1971
Proposed Use of Rental Property:
ane intended use for this property will be as a combination retail used
furniture store .and professional auction house. It is hoped the auctions
will be run on a regular once a week basis during summer, spring, and fall,
In winter months, it is expected auctions will be possible twice a month,
due. to weather conditions this will be fle ible. Consignments of one item
or full households will be accepted, if the merchandise is in saleable
condition. We will not accept articles of clothing or any items termed
by our appraisers as absolute unsaleable juazk. No large farm machinery
such as tractors, plows, drags, etc., will be sold from the auction house.
The retail portion of the store will range from medium quality inexpensive
items to the much more expensive and better quality. It will at all times
be kept clean and an enjoyable place to shop or attend an auction. Rules
for the auction house will be posted inside and announced before the start
of each auction. Among the rules, will be the subject of parking, We will'
have an attendant on' duty to supervise parking, to eliminate the possibility
of parking on the road.
N
IZ
A
i
�t U--OZ-4
oi� 4--
OU*4A *V4
0 J��qv i -7 Imme
A A A 00 ��fo� � A A4A �
i
A
1
427
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4
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1
427
_vim- ,
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TOWA OF
APPLICATION FOR BUILDING PERMIT
I
Fee: Application Date -,J.. ...... I../... V
$2.50 - Main Building or Extension Permit Number ...............................
1.00 - Accessory Building Date ...............................
Make checks payable to Town of Ithaca ,Parcel Number ................................
Return application to: ..........................•---------------------------------...... Zoning District ...............................
Application is hereby made to (build ❑, extend ❑, convert ❑, .Aei t ..................................... EI) a structure or use land
139 Mecklenburg------------------ ------ ----------------------------- Rd. Town of Ithaca N. Y.
at ..................................... ,
Retail outlet & auction house for used furniture At a cost of ................................
To be used for -- ------------------------- - ----------------N- g--......-------0000
Structure is to be completed on or before ...--/----------------------------------------------.............. ........_., 19 .........................................
Owner of land ... Rpl a..J..'....eICAMOT ---------------•--.........--......._. Builder .... -............ -.......................... .......... I.., ........ 00 ....
......
Land Owner's mailing address ....1395.. Mecld-enbuLM.Roa.ci
-------------------------------------------•--..........................a
If building is being built for a person other than present land owner, show name................................................................1.11.0
The structure(s) will be as follows:
Type of construction ..............................................................
Number of stories..........................................•----•---------••----.....
Number of Family Units ......--•..................................•--•-----•---
Percentage of Lot to be occupied
by all structures.................................................... I...............
Plot Plan on Back of Permit ............ or Attached ............
The required permits have been obtained as follows:
FROM TOMPKINS COUNTY HEALTH DEPARTMENT
Approval of septic system and/or well
Square Feet Floor Area:
Basement..................................................................:............
FirstFloor-------------------•--•------------•----•----......................---...0000.
SecondFloor.-----------•......................................................:......
Over Second ................................................ I ..................
........
Date Issued
. . . . . .............•-----•---........I..,..--••-•--•-----....----•-..0116
FROM TOWN CLERK
Strect.opcning (if road must be opened for pipes) ,,..................................................................
Blasting permit (if blasting necessary) ..............................................
FROM SUPERVISOR
WaterTap ......... ......................... ............ 000.0....... District. ............ ..................... -..........................
SewerTap .................................................... -.... District ................................. ...................... -•-- ...
FROM PROPER HIGHWAY DEPARTMENT
Culverts and driveways . . . . . . . . . . . . . . . . .
---------------------------------------•---0000.----•-----------..
FROM TOWN ZONING OFFICER
Multiple residence permit
The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance
and other Laws and, Regulations of the Town of Ithaca, New York, or others having jurisdiction, and affirms that all
statements and information given herein are correct to the best of phis knowledge and belief.
Date:..3�..`.Tii1..................:................, 19.. 1 .:....... 0000 'P�1
0�) Signa ure of Landowner.
Building permit ( ) proved by...........................E.............
( denied under Section /.��._I..1 of the
Zoning Ordinance by ............................
Appeal action:
�Date of appeal
Date of hearing
51?1 Date of advertising ..........
Board members notified?
X97
� -----._.�.,...�_:�,---�......................0000
s�......------
00
4✓U&. _00.00 -Appeal, advertising expen
Progress of work. Checked on
Foundation..........................................................
Framing-•........................................................
Trim---- - -------•----• ..................... 0000._.
Completion..........................................................
Order to refill excavation
issued on ---------------------------------
Order to demolish structure
issuedon ......................................................
i/
-- ����---�------------------0000_.._-----
l
-7
�
ti c «eJ
� -----._.�.,...�_:�,---�......................0000
s�......------
00
4✓U&. _00.00 -Appeal, advertising expen
Progress of work. Checked on
Foundation..........................................................
Framing-•........................................................
Trim---- - -------•----• ..................... 0000._.
Completion..........................................................
Order to refill excavation
issued on ---------------------------------
Order to demolish structure
issuedon ......................................................
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NMOHS H8 01 NOIIVN NOINI
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.1 I
July 29, 1971
A variance on the business property at 1395 Mecklenburg Road is requested
for the following reason:
The house and business property were purchased as a unit. Taxes
and insurance on the business property make it necessary to rent
it in order to avoid a financial hardship.
The front portion is to be used as a retail used furniture outlet and the
rear portion
for
an auction
house.
(see tenant's
statement
of proposed use.)
Parking
space
is
available
off the
highway. Only
the signs
described below
will be displayed:
A An illuminated sign attached to the building, used by the
previous owner,
B. A signpost now located near the road, displaying a sign
of allowable size.
This variance is requested for a period of one year.
July 29, 1971
Proposed Use of Mental Property:
The intended use for this property will be as a combination retail used
furniture store and professional auction house. It is hoped the auctions
will be run on a regular once a week basis during summer, spring, and fall.
In winter months, it is expected auctions will be possible twice a month,
due to weather conditions this will be flexible. Consignments of one item
or full households will be accepted, if the merchandise is in saleable
condition, We will not accept articles of clothing or any items termed
by our appraisers as absolute unsaleable junk. No large farm machinery
such as tractors, plows, drags, etc., will be sold from the auction house.
The retail portion of the store will range from medium quality inexpensive
items to the much more expensive and better quality. It will at all times
be kept clean and an enjoyable place to shop or attend an auction. Rules
for the auction house will be posted inside and announced before the start
of each auction. Among the rules, will be the subject -of parking. We will
have an attendant on duty to supervise parking, to eliminate the possibility
of parking on the road,
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M E M O R A N D U M
T0: Walter Schwan, Chairman of Board of Appeals, David Cowan
FROM: James V. Buyoucos
DATE:: August 23,.1971
'RE: Flowerfield Property,,Mecklenburg Road, now
Meiczinger
I am returning a photocopy of the memorandum submitted
to me by Dave Cowan. I am unable to render any opinion based
upon the information submitted.
If the matter is to be submitted to me for an opinion,
I should have the following:
1. There should be a sketch showing the dimensions
of the lot and, in general, either a sketch or a.statement show-
ing the'status of the surrounding area.- i.e. is .it residential,
small plots, .are there any non -conforming uses in the area?
The sketch should be more or less accurate, although it need
not be drawn -to scale.
2. A description of the structure or structures
on the premises - floor plan, general description of the property,
a description of the particular area which is the subject of
this opinion.
3. What kind of a nursery was operated on the
premises, and for how long prior to zoning? What was the
nature Lof the retail sales? Were these sales both indoors and
outdoors?
4. Mr: Cowan's.memorandum says it.continued to
operate as nursery and also as a sales outlet. What kind of
a nursery operation was it during this period,.and what kind
of sales were carried on?
,5. Was the operation by Mr. Nielson exactly the
same as"that carried on by Mr. Tilton, and did this operation
by. Mr. Nielson continue until June, 1968?
6. I cannot give a final opinion as to the effect
of the operation by the Ithaca School District from August 1,
1968 through June, 1969. On one theory, the City School District
may claim exemption from the operation of the zoning ordinance.
On another theory, this could be deemed to be a non-governmental
operation. I can't give you any prediction at this time how a
court would go.
7. Was the operation by Dan K. Barnes pursuant to
a variance,.or was he simply permitted to operate the non-
conforming use 'because no one objected?
I think we should have'a definite opinion from Mr. Cowan
as to what he would recommend to the Zoning Board.
The issues here'seem'to be:
1. May a non -conforming use be. changed from one
type of non -conforming use to another type of non -conforming
use? On this, I would have to spend some time looking up the
law, and I don't want to spend Town money on doing this until we
know that there is an actual issue. On so�ething of this sort,
the responsibility should be Mr. Me'iczinger5or that of his
attorney. to present the answer. In .other words, I think that
the applicant has the responsibility to provide us with a
brief of the law and the facts on a matter of this sort.
2.
May a variance be granted?
Again, the
rules
within which
variances may be granted are
well known.
If there
are any facts
upon which to base a decision,
the court
has the
power to uphold
the determination of the
zoning board.
I cannot
predict what _a
court would say or do in a
circumstance
of this
sort. Again,
this is largely a matter for
the applicant
and
his attorney
to decide.
No question should be submitted
of the zoning officer
discussed above.
JVB-; c s f
Enc,
covering most of
to me without an opinion
these matters which I have
JAMES V. BUYOUCOS
TO: Town Board
108 Fast Green Street
Ithaca, New "Cork 11;.850
From: Zoning Officer C- 0
Report for the ololn of
Permvt issue'
fi
Inspect'ons made
Board of Appeals
Miscellaneous Inform atioz
Date
0
Post -1 vestigation Action
Date Preliminary Not ce
Date F ori�),.al Action •
0'S
Value ,of new construction
�r -Z a -
Monies received 173
1
/f=.7/n
Ott f'l''/ I
f%,j>l �
Dat; : action Taken
Date: Re suit:
P _04 6 21
}Dales
:
Result:
TOWN OF ITHACA
REGULAR BOARD MEETING
AUGUST 93 1071
A G E N D A
Call to order.,
•Approval of minutes - meeting of July 19, 19710
,,3/, Report of County Representatives
/ Hugh (Sam.) MacNeil,
1
_ . ®
Public Hearing - Univ Formulas �y
Appo ntmient of Dog Enumerator for 1972 - (Mrs. June Miles)66',k-(�
6. Nets Yore State Magistrates Association Annual Meeting,
September 125 13, and 14 - Attendance of Blye and Hartsock.
7, R ert poo d '7�'Atis u n i fns iab� it sy�� nc
/ 'Uo ra on Town = nd T�,a : ys,
Acceptance of Right of Way between e Lane )nd
Simsbury. Drive (Schoenfeld), 5�1 ��b_
9, e olut' n e Pub Heari g to orsi re-- in ec
Ppne y fr 5 to rye s i tr" ct ` fo ri i d,
Resolution - Sha.ring cost of Study of City's Water System,6��
"1. Resolution - Committee of Planning Coalition composed of i
representatives of the Town of Ithaca, Village of Cayuga �•Zs
�. heights and City of Ithaca to study mutual cooperation.
2, Consideration of site plans and construction drawings of �o
Da.irylea Milk Distribution Center and Milbrook Bread 1�
Distribution Center and Retail Outlet. ` u
i Reports I
v`�
a Town Attorney. d
C/ b Planning Consultanto n✓�--�-�
c Zoning Officer.
d Highway Superintendent.
14, ADJ OURNP/ENT.
TO:
FROM:
DATE:
RE:
M E M O R A N D U M
Walter Schwan, Chairman of Board of Appeals, David Cowan
James V. Buyoucos
August 23, 1971
Flowerfield Property,
Meiczinger
Mecklenburg Road, now
I am returning a photo.copy of the memorandum submitted
to me by Dave Cowan. I am unable to render any opinion based
upon the information submitted.
If
'i
matter
is to
be submitted to me for an opinion,
I should
have
the following:
r
c
On
one theory, the City
School District
may claim exemption
from
the
operation of the zoning
ordinance.
On another theory,
this
TO:
FROM:
DATE:
RE:
M E M O R A N D U M
Walter Schwan, Chairman of Board of Appeals, David Cowan
James V. Buyoucos
August 23, 1971
Flowerfield Property,
Meiczinger
Mecklenburg Road, now
I am returning a photo.copy of the memorandum submitted
to me by Dave Cowan. I am unable to render any opinion based
upon the information submitted.
If
the
matter
is to
be submitted to me for an opinion,
I should
have
the following:
from August 1,.
1968 through June,.1969.
1. There should be a sketch showing
of the lot and, in general, either a sketch or
ing the status of the surrounding area - i.e. is
small plots, are there any non -conforming uses
the dimensions
a statement show-
it residential,
in the area?
The
not
sketch should
be drawn.to scale.
be more or less accurate, although
it need
2. A description of the structure or structures
on the premises - floor plan, general description of the property,
a description of the.particular area which is the subject of
this opinion.
3. What kind of a nursery was operated on the
premises, and for4how long prior to zoning? What was the
nature of the retail sales? Were these sales both indoors and
outdoors?
4. Mr. Cowan's memorandum says it continued to
operate as nursery and also as a sales outlet. What kind of
a nursery operation was it during this period, and what kind
of sales were carried on?
5. Was the operation by Mr. Nielson exactly the
same as that carried on by Mr. Tilton, and did this operation
by Mr. Nielson continue until June, 1968?
6. I cannot
give
a final opinion as
to the effect
of the operation by
the
Ithaca
School District
from August 1,.
1968 through June,.1969.
On
one theory, the City
School District
may claim exemption
from
the
operation of the zoning
ordinance.
On another theory,
this
could
be deemed to be a
non-governmental
operation. I can't
give
you
any prediction at
this time how a
court would go.
-2-
7. Was the operation by Dan K. Barnes pursuant to
a variance, or was he simply permitted to operate the non-
--conforming use because no one objected?
I think we should have a definite opinion from Mr. Cowan
°as to what he -would recommend to the Zoning Board.
The issues here seem to be:
know that there is an actual issue. On so�ething of this sort,
-the-,responsibility should be Mr. Meiczingerbor that of his
attorney to present the answer. In other words, I think that
the applicant has the responsibility to provide us with a
1.
May a non -conforming use be
changed from one
type of non -conforming
and
use to anothertype
of non -conforming
use? On .this,
I would
have to spend some
time looking up.the
law, and I don't
want
to spend Town money
on doing this until we
know that there is an actual issue. On so�ething of this sort,
-the-,responsibility should be Mr. Meiczingerbor that of his
attorney to present the answer. In other words, I think that
the applicant has the responsibility to provide us with a
brief
of the law and the .facts on a
matter of this
sort.
2. May a variance be granted? Again,.the
within which variances may be granted are well known.
are any facts upon which to base a decision, the. court
power to uphold the determination of the zoning board.
predict what a court would say or do in a circumstance
rules
If there
has the
I cannot
of this
sort. Again,
his attorney
this is largely a matter for
to decide.
the applicant
and
No question should be submitted
of the zoning officer
discussed above.
JVB:csf
Enc,
covering most of
to me without an opinion
these matters which I have
n
JAMES V. BUYOUCOS
1
j
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