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Home My WebLink AboutZBA History Combined (34)TOWN OF ITHACA NOTICE OF PUBLIC HEARING ZONING BOARD OF APPEALS MAY 14, 1975 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 the 14th day of May, 1975, in the Town Office, 126 East Seneca Street (second floor) , Ithaca, New York, at the following -- times and on the following matters: 7:30 P.M.. Appeal of, Mr.-- Richard: A; --Newhart, Appellant,-- from - the decision -of -- the == Building -Inspector =denying= -permission-- --.7 7 - for subdividing- = one-- parcel -into._ two _ lots.-: (Parcel^ -No. 6-44-2-8), at 173 East -King Road. Permission is denied by the Building -Inspector under Article:V.,-Section-23,_-._- of the Zoning7- Ord inance=-and..Section==280a=-of--Town=Law: 8:00 P.M. Application--.of_.Mr-s..F1or-ence._W ._.Goldsmith=to---expand the_ = parking -space at the -Lakeside Nur-sing Home: (Parcel------No-,-- 6-26-4-46.1), Parcel= -No- 6-26-4-46.1), 1229 Trumansburg Road to be heard by the Zoning Board of Appeals in accordance with Article V, Section 18, paragraph 11 and Article XIV, Section 77, paragraph 7 of the Zoning.Ordinance. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: May 7, 1975. Publish: May 9, 1975 4 TOWN OF ITHACA ZONING BOARD OF APPEALS ,F MAY 141 1975 A Meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall, 1.26 East Seneca Street, (second floor), Ithaca, New York, on Wednesday, May 14, 1975, at 7:30 p.m. PRESENT: Vice -Chairman Jack Hewett, Edward Austen,, Laurene Ripley, (Chairman Francese and Mr. King arrived at 8:00 p.m.), Lawrence P. Fabbroni (Building Inspector), Reynolds Metz (Assistant Zoning Officer), ALSO PRESENT: Richard M. Newhart,*Richard A. Newhart, Florence W. Goldsmith, Harold Goldsmith, David Gersh, Fred R. Hartsock, Mary Fairchild, Linda Glauson, Penelope Ives -Goldsmith, Kathy McQueen, Alice Prosperi, Leo T.�Davis, Carol E. Davis, Bernice Jones, Edison Jones, Robert C. Christianson, Richard Parker. The Meeting was called to order by the Vice -Chairman at 7:45 p.m. PUBLIC HEARING: APPEAL OF MR. RICHARD A. NEWHART FROM DECISION OF BUILDING INSPECTOR DENYING PERMISSION FOR SUBDIVIDING ONE PARCEL INTO TWO LOTS AT 173 EAST KING ROAD (PARCEL NO. 6-44-2-8). Vice -Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 7:45 p.m. Mr. Fabbroni presented for the record the Town Clerk's Affidavit of Posting and Publication of the Appeal of Mr. Richard A. Newhart, duly signed and notarized, for a Public Hearing at 7:30 p.m. Mr. Fabbroni read the Appeal as published in The Ithaca Journal as follows: "7:30 P.M. Appeal of Mr. Richard A. Newhart, Appellant, from the decision of the Building Inspector denying permission for subdividing one parcel into two lots (Parcel No. 6-44-2-8), at 173 East King Road. Permission is denied by the Building Inspector under Article V. Section 23, of the Zoning Ordinance and Section 280a of Town Law." Mr. Fabbroni presented for the record the signed Appeal Form from Mr. Newhart and dated May 1975. On said Appeal Form Mr. Newhart stated that "I will set aside 50 feet of frontage as access to my property. I have no intent to further develop this lot other than my own housing. The lot would encompass about 5 acres." Mr. Fabbroni presented for the record the Secretary's Affidavit of Service by Mail of the Notice of Public Hearing to the various neighbors adjacent to and near the Newhart property. Mr. Fabbroni stated that Mr. Newhart applied for subdivision of a lot whereby his lot would not have the required frontage on East King Road and would be in the rear of a house already owned by his father. He stated that this is also not in keeping with the Zoning Ordinance whereby he cannot issue a permit to a house that does not have street frontage. Mr. Fabbroni read from Section 280a, paragraph 3, of Town Law as follows: Zoning Board of Appeals -2- May 14, 1975 "Where the enforcement of the provisions of this section would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, the applicant for such a permit may appeal from the decision of the administrative officer having charge of the issue of permits to the board of appeals or other similar board, in any town which has established a board having -power to make variances or exceptions in zoning regulations, and the same provisions are hereby applied to such appeals and to such board as are provided in cases of appeals on zoning regulations. The board may in passing on such appeal make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout. Any such decision shall be subject to review by certiorari order issued out of a special term of the supreme court in the same manner and pursuant to the same provisions as in appeals from the decisions of such board upon zoning regulations." Section 23 of the Town of Ithaca Zoning Ordinance applies whereby Mr. Newhart would not have any frontage for the proposed lot, reads as follows: "Size of lot. Lot sizes in residence districts shall meet the following depths and widths at the front yard set -back. 1. Minimum lot area: 30,000 square feet. 2. Minimum width of lots shall be 150 feet and the minimum depth 200 feet." Mr. Fabbroni stated that the presently existing parcel is a long, narrow parcel with 200' frontage on East King Road and extending back from East King Road about 1,500 feet. Mr. Newhart has proposed making a 150' x 200' lot for the existing house and setting aside a 50' strip to be preserved for any future road that might be built back there. The proposed house on the proposed lot will also face what might be a future road. Mr. Newhart Sr. at the present time has no intention of developing this land further. Mr. Hewett asked if Mr. Newhart Sr. were present and noted that both Richard A. and Richard M. Newhart Sr. were present. Mr. Fabbroni sketched for the members of the Board.a plan for the proposed lot. He pointed out that the proposed lot would be 200' x 1501 . Mr. Austen asked about the proposed house having no drivewa10 y to get to the existing road (East King Road), Mr. Fabbroni stated that in view of Section 280a of Town Law there could be a variance granted upon the condition of a 50' easement to the proposed lot. Mrs. Ripley stated that regardless of whether the Newharts plan to subdivide or not, it was her opinion that the 50' easement should extend all the way back to the rear lot line. The Board members agreed. Mr. Fabbroni requested clarification on the point that the presently existing house is at least 901 from the West lot line. Mr. Newhart Sr. stated that it was easily that much and probably more. Zoning Board of Appeals May 14, 1975 Mrs. Ripley, Mr. Hewett and Mr. Austen had -no objections to the proposal. Mr. Hewett noted that no one had appeared in opposition to the appeal. MOTION by Mr. Edward Austen, seconded by Mrs. Laurene Ripley: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a Variance to the property at 173 East King Road (Parcel No. 6-44-2-8), owned by Richard M. Newhart Sr., to allow the splitting of said parcel into two lots: one lot containing the existing building having a minimum of 30,000 square feet for the one contiguous portion fronting on East King Road exclusive of the 50' future roadway right of way which will be set aside for the entire west lot boundary as a permanent easement for highway construction; the second lot having a minimum of 30,000 square feet with an approximate frontage of 200' on the hypothetical future roadway right of way and its northerly lot line being approximately 150' in its dimension. This Variance is granted subject to the recording of a 50' easement for future highway purposes measured from East King Road on the West . lot line through to the rear of the principal lot. There being no further discussion, the Chair called for a vote. Aye - Hewett, Austen, Ripley. Nay - None. The MOTION was declared to be carried unanimously. The Vice -Chairman declared the Public Hearing in the Newhart matter closed at 8:00 p.m.. PUBLIC HEARING: APPLICATION OF MRS. FLORENCE W. GOLDSMITH TO EXPAND PARKING SPACE AT LAKESIDE NURSING HOME, 1229 TRUMANSBURG ROAD (PARCEL N0. 6-26-4-46.1), TO BE HEARD BY ZONING BOARD OF APPEALS ACCORDING TO ARTICLE V, SECTION 18, PARAGRAPH 11 AND ARTICLE XIV, SECTION 77, PARAGRAPH 7 OF THE ZONING ORDINANCE. Vice -Chairman Hewett declared matter duly opened at 8:00 p.m. the Public Hearing in the above -noted Mr. Fabbroni presented for the record the Town Clerk's Affidavit of Posting and Publication of the Appeal of Mrs. Florence W. Goldsmith, as noted above, duly signed and notarized. Mr. Fabbroni presented for the record the Appeal Form signed by Mrs. Florence W. Goldsmith for Lakeside Nursing Home, Inc., dated May 8, 1975, Mr. Fabbroni noted that the Appeal Form is in error in itscitation of Section 77, paragraph 6, and asked that the Board please accept the Appeal Form extant as it is correctly published in the Ithaca Journal and cited above. Mr. Fabbroni presented for the record the Secretary's Affidavit of Service by Mail of the Notice of Public Hearing to the various neighbors adjacent to and near the Lakeside Nursing Home, Mr. David Gersh appeared as attorney for the Goldsmiths and Lakeside Nursing Home, Inc. asking for approval of an addition to 4 l• • • �, i � Mi t :4 Article V, 23 and Section 280a of Town Law DC. i,'. a- s• 1.}1. ,J ii .ate � J :.i +�l .-i.� G.. G. •1R. C�...�j. ��'�.k. :.a..l. J.. .� � Lf.•.'.` �I�J •_S.b .�.! t.. .."�. Ali%'. __ a - .S� ..tj• � i. a. ... l_•.i�f,.1�L'l=',.._.:. l..i+,...!... :..s%.Ji:%9'�.. t.i'�ait.�.;.�:__�. r;.:.r,i��l J}.r ..r D h�.cQ- �.._r CSS _. •� 4-:cc-��,1:5.. -_ �,,.��. �.�L`�.,:..�. T�...�, _.,�.�� ,.[ . .. �. .�.. , .. :l .. • PLY., .F ..'I 'r.r .... ar .. .rn Jwi.'. _•�ytiv• ... ..: wt._T�:__.S+_..fu� subdivide one parcel into two lots (Parcel No. 6-44-2-8) 173 East King Road All V .. • Article V, 23 and Section 280a of Town Law DC. i,'. a- s• 1.}1. ,J ii .ate � J :.i +�l .-i.� G.. G. •1R. C�...�j. ��'�.k. :.a..l. J.. .� � Lf.•.'.` �I�J •_S.b .�.! t.. .."�. Ali%'. __ a - .S� ..tj• � i. a. ... l_•.i�f,.1�L'l=',.._.:. l..i+,...!... :..s%.Ji:%9'�.. t.i'�ait.�.;.�:__�. r;.:.r,i��l J}.r ..r D h�.cQ- �.._r CSS _. •� 4-:cc-��,1:5.. -_ �,,.��. �.�L`�.,:..�. T�...�, _.,�.�� ,.[ . .. �. .�.. , .. :l .. • PLY., .F ..'I 'r.r .... ar .. .rn Jwi.'. _•�ytiv• ... ..: wt._T�:__.S+_..fu� subdivide one parcel into two lots (Parcel No. 6-44-2-8) 173 East King Road Article V, 23 and Section 280a of Town Law DC. i,'. a- s• 1.}1. ,J ii .ate � J :.i +�l .-i.� G.. G. •1R. C�...�j. ��'�.k. :.a..l. J.. .� � Lf.•.'.` �I�J •_S.b .�.! t.. .."�. 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