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HomeMy WebLinkAboutZBA History Combined (54) Zoning Board of Appeals History as of 54.-2-1 1000 Hudson Street Extension Tax Parcels involved, with address if known 1000 Hudson Street Extension 54.-2-1 with no subdivision and readdressing from 703 Hudson Street Extension and 1005 Hudson Street Extension?? History: 1989 – Height Variance for addition - Approved 1986 – Height Variance for addition - Approved 1980 – Height Variance for Fence - Approved TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC.HEARINGS WEDNESDAY, NOVEI'IBER 12P'1980 By direction of the Chairman of.the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will beheld by the'Zoning Board of Appeals of the Town of Ithaca on Wednesday, November 12, 19801, 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. Adjourned.Hearing.in re consideration of application of Cornell. Radio Guild, Inc., d/b/a WVBR, for building permit to erect a Radio Transmission Tower at 245 Bundy Road (adjourned from October 222 1980). 7:45 P.14. Appeal of Therm, Inc., Appellant, from the decision of the Building'Inspector denying -building -permit for the -erection of a f ence over 61 -high, at Hudson Street Extension, Parcel No. 6-54-2-1, Ithaca, N.Y. Permission is denied by the Building Inspector under Article XIII, Section 65, of the Town of Ithaca Zoning Ordinance. 7:50 P.M. Re -hearing of Appeal of William J. Del-iartino, Appellant, from the decision of the Building Inspector denying permission for occupancy of a two-family., dwelling by.a family and three unrelated persons at 217 Snyder Hill Road, Parcel No. 6-57-1-8..6 Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 11, paragraph 2a, sub -section 24 of the Town of Ithaca Zoning Ordinance. 8:00 P.M. Appeal of Martin G. Bernal, Appellant,'f ram the decision of the Building Inspector denying permission for occupancy of a two- family dwelling by four or more unrelated persons at 113 Northview Road, Parcel No. 6-52-1-6.3, Ithaca, N.Y. is denied by the Building Inspector under Article IV, Permission Section 11 paragraph 2a; sub -section 3, of the Town of Ithaca Zoning .Ordinance. 8:10 P.M. Appeal of Donna C. Norton, individually and as executrix of the Estate of William C. Norton, deceased, James M. Kerrigan, as Agent, from the decision of the Building Inspector denying per- mission for occupancy of a two-family dwelling by four or more unrelated persons at 225•Snyder Hill Road, Parcel No. 6-57-1- 8.68, Ithaca, N.Y. Permission is denied by the Building Ins- pector under Article IV, Section 11, paragraph 2a, sub -section 3 iP.0 yC1 0.f I thaca Zon i -irr Ordin.rince. Notice of Public Hearings ;Town of Ithaca Zoning Board.of Appeals November 12, 1980 Page Two 8:20 P,M. Appeal of Donna C. Norton, individually and as executrix of the Estate of t'rilliam C. Norton, deceased'. James M. Kerrigan, as Agent, -from the decision of the Building Inspector denying per- mission for occupancy of a two-family dwelling by four or more unrelated persons at 227 Snyder Hill Road., Parcel No. 6-57-1- 8,69, Ithaca, N.Y., Permission is denied by the Building Ins pector under Article IV, Section 11, paragraph 2a; sub section of the Town of Ithaca Zoning Ordinance... Said Zoning Board of Appeals will at said times and sa.id place hear all persons in support of such matters or objections thereto.. Persons may appear by agent or in person. Lewis D. Cartee Building Inspector. Town of Ithaca Dated: November 4, 1980 Publish: November 7, 1980 Zoning Board of Appeals 15 November 12, 1980 Aye - Francese, Reuning, Austen, King. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the Adjourned Public Hearing in the above -noted matter duly closed at 8:20 p.m. APPEAL OF THERM, INC., APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR THE ERECTION OF A FENCE OVER 6' HIGH, AT HUDSON STREET EXTENSION., PARCEL N0, 6-54-2-1, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII, SECTION 65, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 8:25 p.m. and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on November 4, 1980 and November 71 1980, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Mr. Arnold Albrecht, representing Therm, Inc., party to the action, on November 4, 1980. Chairman Francese read from the Appeal Notice as noted above and read from the Appeal Form as signed and submitted by Robert R. Sprole II, Vice Pres.-i_dent, Therm, Inc., as follows: "...Purpose of this fence is for the security of Therm property and employee property (motor vehicles). To obtain this security it is deemed necessary to have a chain link fence eight feet in height topped with three strands of barbed wire as is customary at manufacturing plants." Chairman Francese asked if there were any neighbors present for the matter of the Therm Appeal. No one spoke. Mr. Arnold Albrecht appeared before the Board and stated that he believed each of the Board members had received a drawing showing part of the Therm property and showing the area to be fenced. Mr. Albrecht stated that, as noted in the Appeal Form submitted, the fence is for security. Mr. Albrecht stated that Therm has 170 employees with vehicles parked around the plant and it has become something for unsavory characters to look into. He stated that Therm has put this off for a long time because it rubs them the wrong way, however, the plant must be secured and the firm wants to do it right. Mr. Albrecht noted that the six-foot fence height. requirement is primarily for residential areas but Therm's Appeal is for an eight -foot fence plus barbed wire, tiered. Chairman Francese asked whether it would be a tight -type fence or open'. Mr. Albrecht replied that he really did not know, commenting that it is like what they have a little of and that it Zoning Board of Appeals 16 November 12, 1980 is actually an improvement. Chairman Francese asked if all the neighbors had been notified, to which the Secretary replied that 12 neighbors received Notices plus the Clerk of the City of Ithaca. Chairman Francese asked if there were trees and brush that would screen the fence. Mr. Albrecht replied that they left all the brush and trees that they could, adding that they will probably have plantings. Chairman Francese asked Mr. Albrecht if they have had instances of vandalism. Mr. Albrecht stated that they have had many instances of vandalism. Chairman Francese asked if Therm were putting the fence right on the line. Mr. Albrecht stated that they were not, adding that because of the terrain the fence runs from 1' to 5' from the property line. and the 3' seems to have struck the average of the encroachment, so to speak. Mr. Albrecht stated that there have been no objections except one person who did not understand what has been going on. Mr. King asked if Mr. Albrecht knew how close the property is to any home. Mr. Albrecht stated that he would have to guess, commenting that it is in their backyards along Pearsall Place. Mr. Albrecht stated that he would guess 40 feet. Mrs. Elva Holman, 141 Pearsall Place, spoke from the floor and stated that she and her husband received Notice from the Town, adding that she was prc�sent just to hear what the plans are and that is the only reason. Chairman Francese asked if there were any further questions from the Board. There were none. MOTION by Mr. Peter Fr("M cese, seconded by Mrs. Joan Reuning: RESOLVED, that the Town of Ithaca Zoning Board of Appeals find and hereby does find -the following facts in the matter of the Therm Appeal: 1. That the neighbors were notified by Notice of the Town of Ithaca and that none of: those neighbors chose to object. 2. That the applicant is making efforts to preserve the trees and other vegetation insofar as possible. 3. That the fence will enhance the security of the property owned by the appellant. There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning, Austen, King. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Mr. Peter Francese, seconded by Mr. Edward King: Zoning Board of Appeals 17 November 12, 1980 RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Article XIII, Section 65, o: to permit the erection of topped with three strands property, 703 Hudson Street a variance from the requirements of the Town of Ithaca Zoning Ordinance in eight -foot high chain link fence of barbed wire, upon Therm, Inc. Extension, Town of Ithaca Tax Parcel No. 6-54-2-1, as proposed on the Appeal Form and in the manner shown on the attached plot plan. There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning, Austen, King. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the. matter of the Therm, Inc. Appeal duly closed at 8:35 p.m. RE -HEARING OF APPEAL OF WILLIAM J. DeMARTINO, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY A FA14ILY AND THREE UNRELATED PERSONS AT 217 SNYDER HILL ROAD, PARCEL NO, 6-57-1-8.651 ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 11, PARAGRAPH 2a, SUB -SECTION 2, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 8:36 p.m. and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on November 4, 1980 and November 7, 1980, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Mr. DeMartino, as party to the action, on November 4, 1980. Chairman Francese pointed out that this is a re -hearing of the William J. DeMartino Appeal heard by the Board on October 22, 1980, involving property at 217 Snyder Hill Road which contains a two-family dwelling occupied by a family and three unrelated persons, being an over -occupancy of one person. Chairman Francese stated that, to clarify the record, in order to have a re -hearing of this matter which the Board authorized at. the October 22nd meeting, he would ask if there were anyone on the Board here present who does not agree tore -hear this matter. No member of the Board spoke. Mr. Cartee presented to Mr. Francese copies of the lease that Mr. DeMartino had inherited when he purchased the house. Chairman Francese asked if there were anyone present who wished to speak to this matter. Four people raised their hands. Zoning Board of Appeals M November 12, 1980 1. Mr. Joseph G. Fuller, and stated that there 103 Skyvue is a group of Road, spoke three homes from the floor with problems. He stated that parking is a problem; the driveway is narrow; cars are parked in front of neighbors homes; there is noise; lots of people, there are lots of animals. Mr. that he was talking about the whole neighborhood and there are Fuller stated has the same questions as with the DeMartino house. Hill Road. Mr. Robb stated that this Mr. Claude Robb, 221 Eastern Heights Drive, spoke from the floor and stated that his and Mr. Fuller's comments apply to all three houses -- 217, 225, and 227 Snyder Hill Road. Mr. Robb stated that this group of houses all have the same problem consistently. Mr. Patrick R. Hughes, 220 Eastern Heights Drive, spoke from the floor and stated that his view was pretty much reflected by Mr. Fuller and Mr. Robb, Mr. Hughes stated that he did not get a Notice but six other people asked him to speak for them. [Secretary's Note: Mr. and Mrs. Hughes were sent Notice at the address shown in the Tax Roll.) Mr. Hughes gave a note to Mr. Francese, which he did not give to the Secretary but returned to Mr. Hughes, from Yogesh Amin, 104 Skyvue Road. The note expressed Mr. Amin's objection to the request for commercial zoning in the area. Mr. Fraricese stated to Mr. Hughes that this hearing does not refer to a commercial zoning matter. Mr. Robert Kohut, 214 Eastern Heights Drive, spoke from the floor and stated that he woua_d like to just reflect the comments also made here, commenting that there is a lot of noise in the area and the animals are out of control and in the summer months are a real problem. Mr. Kohut stated that there are students in those houses and the students are a problem. 1. Mr. Hughes stated that there were two couples who recently moved in who said that if they had known they would not have purchased homes there. Mr. DeMartino stated that he would like to say in general reaction to his neighbors in the area that he sympathized with what they were saying, however, they should be more specific when they say noise and from where the noise comes. Mr. DeMartino stated that the residents of his house are a married couple and three ladies, none of whom have animals and there are no parties at 217 Snyder Hill Road. Mr. DeMartino, referring to his situation, stated that he realized that he was in conflict with the law which he did not realize originally. Chairman Francese asked Mr. DeMartino when he purchased the property to which Mr. DeMartino replied, at the end of August. Mr. DeMartino stated that he did not witness the lease on the bottom premises, adding that he lives on Kelvin Place. Mr. DeMartino stated that all he could say is that he did wish to be a law-abiding citizen and that he would not have purchased the house had he known and he did not see the harm in these women in the downstairs. Mr. DeMartino stated that he wished to bring the house into r. 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 excess of six feet in height erect a chain link fence in at THERM Incorporated: Hudson Street Extension 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) 13 Section(s) 65 , 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: Purpose of this fence is for the security of Therm property and employee property (motor vehicles)_ To ohtnin thie security it is deemed necessary to have a chain link fence eight feet in height topped with three strands of barbed wire as is customary at manufacturing plants. Dated: Ithaca, New York Fee: $7.50 Signed .00 G —� R.R. le II , Vice President TOWN OF ITHACA ...�W 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 erect a chain link fence in excess of six feet in height go at THERM Incorporated; Hudson Street Extension 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) 13 Section(s) 65 , 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: Purpose of this fence is for the security of Therm property and employee property (motor vehicles). 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