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HomeMy WebLinkAboutZBA Area 6/11/1981r TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC'HEARINGS THURSDAY, TUNE 11, 1,981 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 Thursday, June 11, 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. 7:40 P.M. 7:50 P.M. 8:00 P.M. Appeal of Carl and Lillian Mann, Appellants, from the decision of the Building Inspector denying permission to separate from personal residence a parcel on Indian Creek Road with two dwelling houses and 38,362 sq.ft. of land, Parcel No. 6-22-2-6, 154-1542 Indian Creek Road, Ithaca, N.Y. Permission is denied by the Building Inspector. under Article V. Section 23, of the Town of Ithaca Zoning Ordinance and Section 280-a of the Town Law. Appeal of Sanford and Joan Reuning, Appellants, from the decision of the Building Inspector denying permission to convert the premises at 112 West Buttermilk Falls Road, Parcel No. 6-31-2.9, Ithaca, N.Y. to a medical clinic. Permission is denied by the Building Inspector under Article V, Section 18, of the Town of Ithaca Zoning Ordinance, Special Approval of the Board of Appeals being required. Appeal of Sanford and Joan Reuning, Appellants, from the decision of the Building Inspector.denying permission for two apartments in medical clinic proposed for premises at 112 West Buttermilk Falls Road, Parcel No. 6-31-2-9, Ithaca, N.Y. Permission is denied by the Building Inspector under Article V, Section 19, of the Town of Ithaca Zoning Ordinance. Appeal of Charles B. and Mary Lou Estey, Appellants, from the decision of the Building Inspector denying permission to erect a prefabricated modular home on a lot with no public highway frontage at 344 West King Road, Parcel No. 6-35-2-6.2, Ithaca, N.Y Permission is denied by the Building Inspector under Article V, Section 23, paragraph 2, of the Town of Ithaca Zoning Ordinance and Section 280-a of the.Town Law. Zoning Board of Appeals -7- June 11, 1981' RESOLVED, that a copy of this Resolution be sent to the Tompkins County Commissioner of Public Works, to the New York State Department of Transportation Office in Syracuse, New York, to State Assemblyman H. Sam MacNeil, to State Senator William -T. Smith, to the Manager of Buttermilk Falls State Park, to the Director of the Finger Lakes State Parks and Recreation Commission, to the Town of Ithaca Engineer, and to the Supervisor and Members of the Town of Ithaca Town Board. Aye - Hewett, Austen, Reuning, Aron,•King. Nay - None. The MOTION was declared to be carried unanimously. Chairman Hewett directed the Secretary to send copies of the Resolution as described. APPEAL OF CHARLES Be AND MARY LOU ESTEY, APPELLANTS, FROM OF THE BUILDING INSPECTOR DENYING PERMISSION TO -ERECT A THE DECISION PREFABRICATED MODULAR HOME ON A LOT WITH NO PUBLIC HIGHWAY FRONTAGE AT 344 WEST KING ROAD, PARCEL NO. 6-35-2-6.2, ITHACA, BUILDING INSPECTOR UNDER ARTICLE V, TOWN OF ITHACA ZONING ORDINANCE.AND N.Y. PERMISSION IS DENIED BY SECTION.231 PARAGRAPH 2, OF SECTION 280-a OF THE, TOWN LAW. THE THE Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 8:30 p.m.. -.and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. and Mrs. Estey were present. [The Appeal Form with attachments are attached hereto as Exhibit 5.1 [Attached hereto as Exhibit 6 is an excerpt from the Planning Board meeting of June 2, 1981, with respect to the Estey Subdivision Approval.] Mr. Estey appeared before the Board and stated that the subject land, originally four acres, is comprised of three pieces of property belonging to his wife's aunt, who deeded over one corner, one acre, to them [the Esteys], and also sold two acres, and one acre to his wife. Mr. Estey stated that they have decidedto build a house on the lower corner property. Mr. Estey stated that, with the help of the Planning Board and Mr. Cartee, they had it re -surveyed and provided for a right of way from the road to the back lot, the reason being if they ever decide to sell, there would have to be a Town road going through there. Mr. Estey stated that, at the present time, they have no such plans, adding that that is not where the driveway will be. Mr. Estey stated that they have Health Department clearance for the sand filter, and the well was dug today at 40.feet. Mr. Estey stated that they did not see why they cannot put a house on their own property, as they own it and will own all of it. Mr. Aron noted that there is proposed a living area of 65 feet by 48 feet. Chairman Hewett asked if there were anyone in the audience who wished to speak in support of or in objection to the Estey request. No one spoke. r Zoning Board of Appeals -8- June 11, 1981 Mr. Aron noted that the Planning Board has approved the subdivision of the land into the three lots, subject to the approval of the Zoning Board. Mr. Aron stated that the Planning Board has done its homework very well and, if there were no further objections, he was prepared to offer a motion. MOTION by Mr. Henry Aron: and put 6-35-2-6.2, of RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant hereby does grant Mr. and Mrs. Charles Estey special permission to their house into place, as shown, on a portion of Parcel No. 1.03 acres of land, with access and egress by right of way 30. feet bordering on their property and extending to West King Road; running from the southeasterly corner of the building parcel. Mr. -King asked -if there has been a siting of this proposed house on this lot, with Mr. Cartee responding, not really, and adding that the matter before the•Board is not one of. approving a siting of this house. Mr.•King stated that, on that basis, he seconded the MOTION. There being no further discussion, the -Chair called for a vote. Aye - Hewett, Austen, Aron, King, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Chairman Hewett declared the....matter of the Estey Appeal duly closed at 8:39 p.m. APPEAL OF NORMA M. GRAY, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO BUILD ON A LOT WITH LESS THAN 15,000 SQ. FT. AND WITH A REAR YARD OF FIVE FEET LESS THAN REQUIRED AT 209 TUDOR ROAD, PARCEL N0, 6-57-1-8.168, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTIONS 14 AND 16, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 8:40 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mrs. Gray was present, as was her daughter, Mrs. Robin.Stedinger, Mrs. Gray appeared before the Board and, together with the Board members, reviewed the Tax Map .[No. 571. Mr. Cartee stated that the lot is around 11,500 sq. ft., with 15,000 sq, ft. being the requirement. Mr. Cartee pointed out that the lot is a triangle, having 227.8 feet of frontage on Tudor Road, 101.4 feet on one side, and 249.3 feet at the back on an angle toward Tudor Road, Mr. Cartee offered that the problem is that, in order to have a house 15 feet from the west lot line, st is then 5 feet short on the rear lot line, that is, in trying to keep the distance of the front of the house almost in line with the adjoining homes. Mr. Aron asked Mrs. Gray how long she has owned this lot, with Ext.P W M a' Z Lp I co N Andrew J. Van Buren . 411/207 Tax Mop 35 -2 = 5.2. S81030_`E --P Porcel. to be conveyed to. Charles 8.' Estey, Jr. and- Mary: Lou Estey port of Tox-Mop35—Z-62'.'-. Contains 1.03 Acres Lq 1P�e9Xn r_ 137' total Vivian A'. Bea than9E579110800 pp Tax Mop 35-2--6:2 Contains. -0.99. Acras . ' I '°i: - It Q y� - tt - _ Egress I ' ROW to begrooted�by Beathon tEgrsss•. } 4r. Butts f: St 197' total ►p Z. - !p �-' N61.030' w a c Vivian A. Bea than 579//080. Tax Mop°- 35 - 2 - 6.2 I o Contains 2.0 Acres rJ* .-.r • r M g, 1 A 400 total a ---- tv El o 30 W ErJ P i ws Orlando 6 Helen iacove 11 i h` ► ` `�` 5671742.� • Tax Map 35--2--6.1 : p� �EI'�•Mops to sham,% Parcel to be conveyed fey Vivian 4�% fie V. c c . Charles B, l.stey, A and Alary Lou, Esfey-p. West Kia Town of Ithaca-, Tomphin(z County-f.A1.Y<- Scale l" = 60` Data May 29, 198_ _1- by Kenneth L.Jones TOWN OF ITHACA NEW YORK A P P EIA L to the Building Inspector and the Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission to Charles B. Estey at 344 King Road West 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 !~ cz �?Cfloh Article(s) j� Section(s) of the Town of Ithaca Zoning Ordinance 0 i Town k urs 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: This is a request to seek permission to install a Ramada offet modular home on the property off 344 King Road west. This will be a $35 , 000.00 instalation and be placed on a 'NNW' foudation. The house will be placed on land that will be owned by me and has been owned in the past by my wife"s uncle who was Mark Beathan, now deceased. Signed Dated: Ithaca, New York A Ex t. P. LP. 3t / Andrew J. Van Buren . 411/207 2 Tcx Map 35 -2 - 5.2 0 n S81 ° 30: • E -� IP. e91 Ex.1P. 1,28 203.. Porcel to be. conveyed to .. . Charles a. Estey, Jr and Mary: Lou Estey port of Tax.Map. 35--2-6.2.; Contains 1.03 Acres 203 137' total t 0T Vivian A. Beathan : y 57911060 . { Tax.. Map 35-2-6:2 lrvti O 00 N ROW to ba granted by Beothon Egress I — -- — Inelm 197' total LP j Z- ZZ7 . Butte Ste tP I b -�---- N 810 3 0' W Vivion A. Beathan 57911050 Tax Mop.." 35 - 2 Contains. 2.0' Acres RI - f 400' total e -�-- N81030P.' W EX; ° . Orlando 8 Helen racove 5671742..�,� IL c Tax. Map Etre •,, cD" to show Parcel: to be convEayed by Vivian A: Rio, �y� f - •k;4 �o. po3i� Charles B. Estey, A and Mary Lou. Estey y.. West lair Town of Ithoca, Tompkins County,W.Y.. Scale l" - �O° Date*-` may 29, 198r. ✓. by. Kenneth: L-. Jdnes dnnrr)VA, W ''hv f-1nwArrt A• �rhli:n.lor (" C' rlh'.�701Y .; k INSTRUCTIONS. TOWN OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM 3 z1 (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It i.s not expected that additional studies,.research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental.Assessment opportunities? Yes z/No Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will projectresult in a large physical change to the project site or physically alter more than 10 acres of land? Yes No 2. Will there be a major change to any unique or unusual.land form found on the site? Yes ✓ No 3. Will project alter or have a large effect on an existing body of water? Yes Y No 4. Will project have a potentially large impact on / groundwater quality? Yes !/ No 5. Will project significantly affect drainage flow on adjacent sites? Yes No 6. Will project affect any threatened or endangered plant or animal species? Yes No 7. Will project result in a major adverse effect on air quality? Yes No 8. Will project have a major effect on visual. character of the community or scenic views or vistas known to be important to the community? Yes No 9. Will project adversely impact any site or structure of historic, pre -historic, or paleonto logical importance or any site designated as a critical environmental area by a local agency? Yes Ito 10. Will project have a major effect on existing or future recreational opportunities? Yes z/No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as.a result of the project's operation? Yes No i -Short Environmental Assessment Form 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 per cent over a one-year period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? Signature of Applicant r�6W. Date Reviewer's Recommendations. / Signature of Reviewer %�w Title Agency /C 0 Date Reviewed Page Two Yes No Yes No Yes No t .G(/_��_ Iii �0!i�,���I_�I�'�I�' L / 1 ► � � �,,� � I MO cis Determination by Town of Ithaca o�z Board: Negative Declaration - determination of non -significance.. Action may be of significant environmental impact - EAF required. M '-1 W 0 c; z N 0 0 W m V U. Z LL 0 W 0 J_ m W 0 m LU z 0 0 a 0 3 W H T IE O F O H z c M M O z _c O M M O a z c a n c M 0 O c Le 0 M • • • • • • • • • • • • TLiwiwT—(7T0�= am O a 0 X O c O m o R Td c O 3c. w3 6703 o 3 T T c N 0 d v O ED a m: m� 7 N o m m o � m T?v Tm m a 4/ 7 o c XX N S -00:x7 M 00 t=D N O = 0 0 0� 7 O < F r9 c0 O m p 0 �D * A d N N N 0 O d O CL M D 0 0 N ........... .. DrcncvcncnC "no nc0 ate°`° c -7d1 o � O C -0 °3N omav3`O0,-.- 7m 7 '� 'n N m°77 m O 7 am0m00:E'o Mios� F XZn N TD.y 0 N 0a 'neo o `�^ c m 0 0— 3 o v m 7 O 0 C) 1 N N Tl fD cn 0 0 q O 7 7C d ch 3 7 S v N m d � m � CL N N M m < R• m < d (n N S11 O 7 0 < N m 7 7 N GRP 3-81-223 Printed in U.S.A. O N cm A �E INSTRUCTIONS: TOWN OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It i.s not expected that additional studies,.research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmenta.l.Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Willproject result in a large physical change to the project site or physically alter more than _/ 10 acres of land? Yes V No 2e Will there be a major change to any unique or unusual land form found on the site? Yes ✓ No 3. Will project alter or have a large effect on an / existing body of water? Yes *No 4. Will project have a potentially large impact on groundwater quality? YesNo 5. Will project significantly affect drainage flow on adjacent sites? Yes No 6. Will project affect any threatened or endangered plant or animal species? Yes t/ No 7. Will project result in a major adverse effect on air quality? Yes No 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes No 90 Will project adversely impact any site or structure of historic, pre -historic, or paleonto- logical importance or any site designated as a critical environmental area by a local agency? Yes �No 10. Will project have a major effect on existing or future recreational opportunities? 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? Yes Z/No Yes Y No Yes /No vShort Environmental Assessment Form 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 per cent over a one-year period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? Signature of Applicant z Date Reviewer's Recommendations: Page Two Yes No Signature of Reviewer Title Date Reviewed Determination by Town of Ithaca Board: Negative Declaration - determination of non -significance. Action may be of significant environmental impact - EAF required. Signature of Chairperson Vate - Y JT..'t .� v . ✓ v--Y".-q.+.. tti.'r a ., 1 L' � ti � ♦ » e' s HV r Y c'S Y' r a .. r+v d u' � ` .) A � 7 . • u .� i :. V -r ;. a :.• • t \ . l 1 l 1 , 'I r - .. 1 ^��-+aATi :x^tkt= --.n--•„rr�,•- Z'm.rseTN 71�i.QR.^'Ao'T4�N:aA#TL'1"'�..rr �W''!.i7J�.:a'w.'r. �'"., ”y"«;^'Ci-•i93<+T�acx:a�vw�.wrv.ww...na..�z,�e._-n...., . i::'71 -G .�. ...�'^"+a.-.'. ..�..._..._._Y.,r..._�—_.