HomeMy WebLinkAboutZBA History Combined (69)
Zoning Board of Appeals History as of 23.-1-11.112
120 Grove Rd
Tax Parcels involved, with address if known: Current 120 Grove Rd
23.-1-11.112 with subdivision of 23.-1-11.137.
History:
2000 - Height Variance for new house – Approved
1999 – Area Variance for new house - Approved
ZONING BOARD OF APPEALS PAGE 6 MAY 24, 2000
APPROVED - APPROVED - APPROVED - JUL Y 12, 2000 - APPROVED - APPROVED - APPROVED
RESOLVED, that this board grants the appeal of the Village of Cayuga Heights , requesting a special
approval under Article IV , Section 11 (3) (d) , to be permitted to locate a fire station , temporarily, at
1305 Hanshaw Road , Town of Ithaca Tax Parcel No . 70- 12 - 1 , -2 . 2 , Residence District R- 15 , be
approved based upon the following findings :
a . That the current fire station is in need of repair to the degree that the fire apparatus cannot be
stored there during such repairs ; and
b . That the fire station 's equipment and personnel provide a vital community service ; and
C , That such relocation will be temporary for a period of not more than one year; and
d . That other suitable temporary sites do not exists in the Village of Cayuga Heights ; and
e . That all of the requirements of the Town of Ithaca Zoning Ordinance Article IV , Section 77 ,
Paragraph 7 , Subparagraphs a-h have been met ; and
f. That the conditions placed by the Planning Board in their meeting of May 16 , 2000 be met .
A vote on the MOTION resulted as follows :
AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel .
NAYS : None .
The MOTION was declared to be carried unanimously.
The second appeal to be heard was as follows :
APPEAL of Timothy Ciaschi , Appellant , requesting a variance form the requirements of Article IV ,
Section 11 (6) , to be permitted to construct a new single-family residence with a building height of 40
± feet (36 foot height limitation ) at 120 Grove Road , Town of Ithaca Tax Parcel No . 23- 1 - 11 . 112 ,
Residence District R- 15 ,
Timothy Ciaschi , 124 Woolf Lane , stated that he is constructing a single-family home at 120
Grove Road . The house is higher than the allowed . He informed his architect . The architect did not
want to change the height because it would change the look of the house . He said that New York
State looks at it differently than the Town of Ithaca . It is usually the average grade to the mid-point of
the roof . The Town takes the top of the roof to the lowest grade .
Attorney Barney stated that the Town allows a large dimension .
Mr . Frost stated that the proposed house site is secluded from other buildings . It is probably
several hundred feet away from other buildings .
ZONING BOARD OF APPEALS PAGE 7 MAY 24, 2000
APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED
Mr . Ciaschi stated that he owns four acres in front of the proposed house and six acres behind
the proposed house .
Attorney Barney asked what is the height of roof.
Mr. Ciaschi stated that he is not sure . It is a 10/ 12 pitch .
Mr. Frost stated that it is roughly 17 feet to the ceiling of the second story.
Mr. Ciaschi stated that from the front it is a two- story house . They are removing a lot of dirt
from behind the house to have a walkout basement .
Mr. Ellsworth asked if the house is not visible because of the grade or because of the leaves
on the trees .
Mr. Frost stated that its location is several hundred feet away from any houses .
Chairperson Stotz asked in the 105 feet between the Grove Road extension and the proposed
house , is there vegetation .
Mr. Ciaschi stated that it is small brush .
Mr. Sigel asked if Grove Road Extension is an existing road .
Mr. Frost responded no . The house is going to be visible . It will be several hundred feet away
from other houses .
Mr. Smith stated that the portion of the house that would be visible from other roads appears
to be a two- story building.
Mr. Niefer asked if this was being built as a spec house .
Mr. Ciaschi responded that it is going to be his home .
Attorney Barney asked who lives at 11 . 113 on the tax map .
Mr. Ciaschi responded that Ken Audio was deeded that property many years ago . There is no
house there . He lives in North Carolina .
Chairperson Stotz stated that the driveway will be off Grove Road .
Mr. Frost stated that Mr. Ciaschi did obtain an easement to cross some Town parkland that he
had donated to the Town . The Town Board has reviewed the access to the parcel .
ZONING BOARD OF APPEALS PAGE 8 MAY 24 , 2000
APPROVED - APPROVED - APPROVED - JUL Y 12, 2000 - APPROVED - APPROVED - APPROVED
Chairperson Stotz asked why would they extend Grove Road .
Attorney Barney stated that it was thought there might be another subdivision . They were
reserving the ability to have a road .
Chairperson Stotz stated that the height is not going to be in access of 40 feet .
Mr. Ciaschi stated that it would depend upon how the house is being looked at . From the
front , it is less than 40 feet . From the back , it is higher than the height limitation .
Chairperson Stotz stated that it is more isolated than the other houses in the area .
Mr. Ciaschi stated that he had a neighbor call him because they thought that the house would
be near their pond .
Chairperson Stotz opened the public hearing at 7 : 45 p . m . , and asked if any member of the
public wished to be heard . With no persons to be heard , Chairperson Stotz closed the public hearing
at 7 : 46 p . m .
ENVIRONMENTAL ASSESSMENT :
Mr. Smith stated that the three- story section of the house would be visible from the back . It
will appear as a two-story house from Grove Road and Woolf Lane .
Chairperson Stotz asked if the house will appear as a tall house from Woolf Lane .
Mr. Smith stated that it would appear as a two-story house . When he was driving on Woolf
Lane , there were only a couple of locations where the house could be seen .
Mr. Frost stated that there are large houses in the area .
Mr. Sigel stated that the board has been getting a number of these request . The houses were
all about 39 feet . It might be appropriate to amend the law rather than continually grant variances .
Mr . Ellsworth stated that it was amended a few years ago from 32 feet to 36 feet .
Mr . Sigel stated that the law needs to be changed to allow this type of house to be built or the
board should not be granting these approvals .
Chairperson Stotz stated that most of the height variances have been on sites where there is a
slope . This is the first that he can recall that is on a level site .
Mr. Sigel stated that people are taking advantage with properties that have a natural slope .
They could also move some dirt around and not have a walkout basement .
ZONING BOARD OF APPEALS PAGE 9 MAY 24, 2000
APPROVED - APPROVED - APPROVED - JUL Y 12, 2000 - APPROVED - APPROVED - APPROVED
Mr. Krantz stated that the law could also be changed so that they correspond with the State ' s
law.
Mr. Frost stated that it becomes more complicated . It is important to remember that the height
limitation is not just a building code limitation . It is a zoning , land use limitation .
Mr. Krantz stated that there should be a uniformity in the way that things are measured .
Mr. Frost stated that it is simpler to go by the low point and high point .
Mr . Sigel stated that he does not object to the method of measurement .
Mr . Frost stated that it does offer the Town an opportunity to review the height variances .
Mr. Sigel stated that it might not be desirable to allow the height to be 40 feet . It might be
appropriate to allow one side of the house to show more face . This would accommodate sloping
property. He feels that the board is making law by continuing to allow the height variances .
Chairperson Stotz stated that the type of building that is happening in the Town of Ithaca is
that it is more upscale housing . Those houses seem to be getting bigger and bigger. The height
requirement has more to do with the topography of the Town and obstructing other people' s views .
This is a situation where it is not obstructing anyone ' s view.
Mr. Ciaschi stated that he would not build a house if it would obstruct someone 's view.
Attorney Barney stated that they struggled over drafting the existing law. They came to the
conclusion that they wanted the duel measurement . The dimensions that they used were requiring a
lot of variances . It was then increased by four feet . It used to be that the style of the house was a
gradual pitch . The steep roofs cause the problems . This is fairly workable . It is a rare occasion that
someone comes in and gives the board an opportunity to look at it . There might be a circumstance
where it does impact someone 's view. In that case the board could choose not to grant the appeal .
Mr. Sigel stated that maybe one case per month is an exception given the number of houses
being built .
Mr. Frost stated that the board is seeing more because it is house construction season .
Mr. Ellsworth stated that the board has a representative on Codes and Ordinances
Committee . They can bring it to their attention .
RESOLUTION NO. 2000=34 — ENVIRONMENTAL ASSESSMENT = Tim Ciaschi Height Variance .
MOTION made by Ronald Krantz , seconded by Harry Ellsworth .
ZONING BOARD OF APPEALS PAGE 10 MAY 24 . 2000
APPROVED - APPROVED - APPROVED - JULY 12, 2000 - APPROVED - APPROVED - APPROVED
RESOLVED, that this board makes a negative determination of environmental assessment in the
matter of Timothy Ciaschi , requesting a variance from the requirements of Article IV , Section 11 (6) ,
to be permitted to construct a new single-family residence with a building height of no more than 41
feet at 120 Grove Road , Town of Ithaca Tax Parcel No . 23- 1 - 11 . 112 , Residence District R - 15 .
A vote on the MOTION resulted as follows :
AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel ,
NAYS : None .
The MOTION was declared to be carried unanimously.
RESOLUTION NO. 2000=35 — Height Variance — Tim Ciaschi .
MOTION made by Harry Ellsworth , seconded by James Niefer.
RESOLVED , that this board grants the appeal of Timothy Ciaschi , requesting a variance from the
requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family or two-
family residence with a building height not to exceed 41 feet , at 120 Grove Road , Town of Ithaca Tax
Parcel No . 23- 1 - 11 . 112 , Residence District R- 15 based upon the following :
a . That the benefit to the applicant out weighs any detriment to the neighborhood ; and
b . That from several directions the house appears as a two-story home rather than a three- story
home ; and
C , That there has not been any objection from surrounding neighbors ; and
d . That the site is a large parcel ; and
e . That the new style of houses calls for a greater pitch creating a problem with a higher roof.
A vote on the MOTION resulted as follows :
AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel ,
NAYS : None .
The MOTION was declared to be carried unanimously.
The third appeal to be heard was as follows :
APPEAL of Karen Dieter, Appellant , requesting a special approval under Article WII , Section 54 of
the Town of Ithaca Zoning Ordinance , to be permitted to alter a nonconforming building with the
FILED
TOV /f•1 Of ITHACA
A e
RESOLUTION NO . 2000-34 — ENVIRONMENTAL ASSESSMENT- = Tim Ciasc i liei c .
Clar `
MOTION made by Ronald Krantz, seconded by Harry Ellsworth .
RESOLVED , that this board makes a negative determination of environmental assessment in the
matter of Timothy Ciaschi , requesting a variance from the requirements of Article IV , Section 11 (6) 5
to be permitted to construct a new single-family residence with a building height of no more than 41
feet at 120 Grove Road , Town of Ithaca Tax Parcel No. 23- 1 - 11 . 112 , Residence District R- 15 .
A vote on the MOTION resulted as follows :
AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel .
NAYS : None .
The MOTION was declared to be carried unanimously.
Carrie L. Whitmore , Deputy Town Clerk .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA.
ut Town Clerk of the Town of Ithaca , New
I , e . `�G�� �2 �rkJDep Y
York , do hereby certify that the atta ed resolution is an exact copy of the same adopted by the
Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20' day of May 2000 .
C�
Tr� - rk /Deputy Town Clerk
Town of Ithaca
FILED
TOWN OF I T HACA
Date S Lp
RESOLUTION NO. 2000=35 - Height Variance- - Ti m Ciaschi .
Cler
MOTION made by Harry Ellsworth , seconded by James Niefer.
RESOLVED , that this board grants the appeal of Timothy Ciaschi , requesting a variance from the
requirements of Article IV , Section 11 (6) , to be permitted to construct a new single-family or two-
family residence with a building height not to exceed 41 feet , at 120 Grove Road , Town of Ithaca Tax
Parcel No . 23- 1 - 11 . 112 , Residence District R- 15 based upon the following :
a . That the benefit to the applicant out weighs any detriment to the neighborhood ; and
b . That from several directions the house appears as a two-story home rather than a three-story
home ; and
C, That there has not been any objection from surrounding neighbors ; and
d . That the site is a large parcel ; and
e . That the new style of houses calls for a greater pitch creating a problem with a higher roof .
A vote on the MOTION resulted as follows :
AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel .
NAYS : None .
The MOTION was declared to be carried unanimously.
C( k I (
----& - -.( 1 ,U6 (A j — I,c= 06
Carrie L. Whitmore , Deputy Town Clerk.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS .
TOWN OF ITHACA:
I , lEboxaan t lt` Tee-C- Deputy Town Clerk of the Town of Ithaca , New
York , do hereby certify that the attached resolution is an exact copy of the same adopted by the
Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 24th day of May 2000 .
Town--6G44k0eputy Town Clerk
Town of Ithaca
TOWN OF ITHACA
ZONING BOARD OF APPEALS
SI&WIN SHEET
DATE : MAY 24 , 2000
(PL EASEPRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS/ AFFILIATION
vl-iia +1 �
vAtJi V C/+yi^ jd (.le , t-t•� V 1 � £ t� r
PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary)
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law?
YES NO X If yes, coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion , drainage or flooding problems ? Explain briefly:
See Attached.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources ? Community or
neighborhood character? Explain briefly:
See Attached.
C3. Vegetation or fauna, fish , shellfish , or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly :
See Attached.
C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly :
See Attached.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly:
See Attached.
C6. Long term , short term , cumulative, or other effects not identified in C1 -05? Explain briefly :
See Attached.
C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly :
See Attached,
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NOX If yes, explain briefly :
E. Comments of staff CB other attached . (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions : For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i . e . urban or rural) ; (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration .
X Check here if you have determined, based on the information and analysis above and any supporting documentation , that
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination .
Town of Ithaca Zoning Board of Appeals `�j��� �ihv�
Name of Lead Agency Preparer' s Signature( If different from Responsible Officer)
D. Stotz, Chairman
N me & ti le of R pons ble O ficer I Lead Agency Signature of Contributing Preparer
DATE : Ia � I
Signature of Respo 'ble'O cerin" ead Agency
S
House S-,tt
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, MAY 244 2000
7 :00 P.M.
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, May 24, 2000, in Town Hall, 126
East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N . Y. , COMMENCING AT 7 :00 P.M . , on the
following matters :
APPEAL of the Village of Cayuga Heights, Appellant, Brent Cross, PE, Agent, requesting a special approval from the
Zoning Board of Appeals under Article IV, Section l l (3 ) (d), to be permitted to locate a fire station, temporarily, at
1305 Hanshaw Road, Town of Ithaca Tax Parcel No. 70- 12- 1 , -2 . 2, Residence District R- 15 .
APPEAL of Timothy Ciaschi, Appellant, requesting a variance from the requirements of Article IV, Section 11 (6), to
be permitted to construct a new single-family residence with a building height of 40 + feet (36 foot height limitation) at
120 Grove Road, Town of Ithaca Tax Parcel No. 23 - 1 - 11 . 112, Residence District R- 15 .
APPEAL of Karen Dieter, Appellant, requesting a special approval under Article XII, Section 54 of the Town of Ithaca
Zoning Ordinance, to be permitted to alter a nonconforming building with the renovation of a deck and porch at 631
Elmira Road, Town of Ithaca Tax Parcel No. 35- 1 -22, Residence District R-30. Said building is approximately 5 + feet
from the road right-of-way line (30 foot front yard setback required).
APPEAL of James B . Merod, Appellant, requesting a variance from the requirements of Article IV, Section 14 of the
Town of Ithaca Zoning Ordinance, to be permitted to construct a two-story building addition with a proposed west side
yard building setback of 9 ± feet ( 15 foot setback required) at 10 John Street, Town of Ithaca Tax Parcel No. 56-3 -
13 . 12, Residence District R-30.
Said Zoning Board of Appeals will at said time, 7 :00 p .m. , and said place, hear all persons in support of such
matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments
or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring
assistance must make such a request not less than 48 hours prior to the time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated: May 16, 2000
Published: May 19, 2000
f
Rev . 10 / 9C
Town Assigned Project ID Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY
PART I - Project Information ( To be completed by Applicant or Project Sponsor )
1 . Applicant / Sponsor : 2 . Project Name :
Gl AC-M5 c.. tAra
3 . Precise Location ( Street Address and Road Intersections , prominent landmarks , etc . or provide map ) :
Tax Parcel Number :
a . Is Proposed Action : NEW EXPANSiGN MODIFICATICN / ALTERATION
Describe Project Briefly ( Include project purpose , present land use , current and future construction plans , and other
relevant items ) : i
Poo taus 13 Li I L- VD o`jLr r?Nc'S1 (D-LSWC-E
I
j
( Attach separate sheet( s) if necessary to adequately describe the proposed project . ) i
6 . Amount of Land Affected : Initially (0-5 yrs ) , Acres (6 - 10 yrs) Acres WO yrs ) Acres
7 . How is the Land Zoned Presently ? I
8 . Will proposed action comply with existing zoning or other existing land use restrictions ?
YES NO If no , describe conflict briefly : tN� s&&V /�S- I Al%iCL, (=U ✓Z piti 6 P,
9 . Will proposed action lead to a request for new :
Public Road ? YES NO � Public Water ? YES NO"N Public Sewer ? YES NO I
10 . What is the present land use in the vicinity of the proposed project ? Residential Commercial
F7 Industrial Q Agriculture Park /Forest /Open Space ❑ Other
Please describe :
1 1 . Does proposed action involve a permit , approval , or funding , now or ultimately from any other governmental agency
(Federal , State , Local) ? YES NO If yes , list agency name and permit / approval /funding :
12 . Does anu aspect of the proposed action have a currentlu valid permit or approval ? YES NO i
If yes , list agency name and permit /approval , Also , state whether that permit /approval will require modification .
I
1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOVLEDGE
Applicant / Sponsor Name (Print or Type ) :
Signature \
Date : 79b CYO I
PART II — Environmental Assessment :
Timothy Ciaschi
120 Grove Road
Height Variance
Zoning Board of Appeals
A. Action is Unlisted .
B . Action will not receive coordinated review.
C . Could action result in any adverse effects on, to or arising from the following :
C 1 . Existing air quality , surface or groundwater quality or quantity, noise levels,
existing traffic patterns, solid waste production or disposal , potential for erosion,
drainage or flooding problems?
No significant adverse effects are anticipated relating to air quality, water quality or
quantity, noise, traffic, solid waste , or potential for erosion, flooding, or drainage as a
result of the proposed action.
The proposal is to construct a single-family residence at 120 Grove Road, Town of Ithaca
Tax Parcel No . 23 - 1 - 11 . 112 . The two- story house will have a walk out basement on one
side creating a building height of 40 +/- feet where 36 feet is allowed. The house will be
located toward the back of the 8 . 9 +/- acre parcel with an approximately 320-foot
driveway leading in from the end of Grove Road . The house could be visible from some
of the existing residences on Woolf Lane . If additional tree clearing takes place on the
site, the house will be visible to more residences .
The undeveloped Woolf Park, owned by the Town of Ithaca, lies along the western
border of the property . The southern elevation of the house facing the park will not have
the exposed basement and would only appear as a two-story residence . The driveway to
the residence will cross a strip of the parkland where Grove Road ends and the driveway
starts . The Town Board has agreed to grant an easement for this driveway crossing .
This property was part of a subdivision and development that included having a future
road extending through the property and approximately 15 building lots . The proposed
driveway will not preclude the possibility of this future road .
C2 . Aesthetic, agriculture, archeological , historic, or other natural or cultural
resources, or community or neighborhood character?
None Anticipated . The house would appear as a two-story residence from the south . The
walkout basement is located at the rear of the house and would not be visible from any
neighboring residences on Woolf Lane or Grove Road . The areas to the north, west and
east are undeveloped and heavily wooded .
C3 . Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or
threatened or endangered species?
None Anticipated . The site is heavily wooded with some minor drainageways around the
property . A large area has been cleared for the house and driveway . No significant
habitats, threatened or endangered species are known to exist on the site .
C4 . The Town ' s existing plans or goals as officially adopted, or a change in use
or intensity of land or other natural resources?
None Anticipated. The Town of Ithaca Comprehensive Plan designates the site as
" Suburban Residential " and it is zoned Residential District R- 15 .
C5 . Growth, subsequent development, or related activities likely to be induced by
the proposed action?
None Anticipated .
C6 . Long term, short term, cumulative, or other effects not identified in C 1 -05 ?
None Anticipated .
C7 . Other impacts (including changes in use of either quantity or type of
energy) ?
None Anticipated.
D . Is there, or is there likely to be, controversy related to potential adverse
environmental impacts?
No controversy related to potential adverse environmental impacts is anticipated .
PART III . — Staff Recommendation , Determination of Significance
Based on review of the materials submitted for the proposed action, the proposed scale of
it, and the information above, a negative determination of environmental significance is
recommended for the action as proposed .
Lead Agency : Town of Ithaca Zoning Board of Appeals
Reviewer : Michael Smith, Planner&
Review Date : May 19, 2000
T , TMATT.T nF TTUM (" n I FF.F • C4300
126 East Seneca Street . RECE =M :
Ithaca , New York 14850
CASH
( 607 ) 273- 1783
CHECK
A P P E A L
ZONING :
to the
Building Inspector / Zoning Enforcement Officer For Office Use Only
and the
Zoning Board of Appeals
of the
Town of Ithaca , New York
Having been denied permission to : GUST ce(�
at ?��- �D Town of Ithaca Tax Parcel No .
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 :
Articles ) :Yjz� , Section ( s ) 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 Zoning Ordinance would impose PRACTICAL DIFFICULTIES
and / or UNNECESSARY HARDSHIP as follows :
( Additional sheets may be attached as necessary . )
p2UGC. Tyi o 5qzx,q l a w t-l' Tsr c,J t rr° AA ew �r
D I M PVj "LD I , LN J ?41 j n 9-c k. j I e O n /J 1!5 'C'd P2 o or" R (o
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ww)�rkA 16 225 � ± r1z� � SSEW� c� � 5 L - A 5 Tb C21 06r_ OF- 2 nl=
By tiling this application , I grant permission for m mbers of the Town of Ithaca Zoning Board
of Appeals or staff to enter my property to insp in connection with my appli tti .
Signature of Owner / Appel1 Date : / 64
Signature of Appe. 11laantt /-Agerint�,: Date :
Print Name Here : / vn I � Sr,
Home Telephone Number : c31 5�q Work Telephone Number :
� as
9C " � if construction of work in accordance with any variances given does not cottence within 18 toaths , the'
7ariance will eraire .
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AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS. :
COUNTY OF TOMPKINS )
Dani L. Holford, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age and
resides at 3482 Potter Road, Interlaken, NY 14847.
That the 19th day of May, 2000, deponent served the within Notice upon :
Brent Cross, Engineer New York State Stat Off for Cap Fac
836 Hanshaw Road Room 132 Surge III
Ithaca, NY 14850 Ithaca, NY 14853
Donna/Gary Duffy Hugh/Patricia Mason
340 Warren Road 1311 Hanshaw Road
Ithaca, NY 14850 Ithaca, NY 14850
Andrew Perrella/Fern Sien B Gollands/M Euell
403 Warren Road 1306 Hanshaw Road
Ithaca, NY 14850 Ithaca, NY 14850
James Fenner Robert/Elsie Rich
1308 Hanshaw Road 358 Warren Road
Ithaca, NY 14850 Ithaca, NY 14850
Timothy/Merilee Nord Lawrence/Angela Jackmin
356 Warren Road 102 Roat Street
Ithaca, NY 14850 Ithaca, NY 14850
Tim Ciaschi Town of Ulysses Clerk
124 Woolf Lane 10 Elm Street
Ithaca, NY 14850 Trumansburg, NY 14886
Wilfried Brutsaert Town of Ithaca Clerk
220 Comstock Road 126 East Seneca Street
Ithaca, NY 14850 Ithaca, NY 14850
Keijo Autio Sejin Han
4713 Hollowell Lane, Apt. C 118 Woolf Lane
Raleigh, NC 27604 Ithaca, NY 14850
Basil Kazameas Stephen Walden
116 Woolf Lane 122 Woolf Lane
Ithaca, NY 14850 Ithaca, NY 14850
Gary Mobley M Zaharis/L Letson
126 Woolf Lane 128 Woolf Lane
Ithaca, NY 14850 Ithaca, NY 14850
John/Debra Horton Arthur/Jane Sherwood
130 Woolf Lane 254 DuBois Road
Ithaca, NY 14850 Ithaca, NY 14850
Gust Jr./Virginia Freeman
258 DuBois Road
Ithaca, NY 14850
- 2 -
Karen Dieter Mancini Realty
631 Elmira Road 608 Elmira Road
Ithaca, NY 14850 Ithaca, NY 14850
Thomas McGuire Joseph/Jeanne Salino
247 Piper Road 459 Troy Road
Newfield, NY 14867 Ithaca, NY 14850
Vet Vol Firemen ' s Asc Eddy Hill Inc.
638 Elmira Road 16 East Enfield Center Road
Ithaca, NY 14850 Ithaca, NY 14851
Nayana Inc.
654 Elmira Road
Ithaca, NY 14850
Jim Merod Gary/Colleen Sforzo
10 John Street 8 John Street
Ithaca, NY 14850 Ithaca, NY 14850
Jeffrey/Kathleen Tuttle P LePage/D O'Connor
7 John Street 9 John Street
Ithaca, NY 14850 Ithaca, NY 14850
Joseph/Alexandra Giordano Timothy/Louanne Bangs
100 Christopher Circle 201 Tudor Road
Ithaca, NY 14850 Ithaca, NY 14850
James W. Hanson
Commissioner of Planning
Old Courthouse Building
121 East Court Street
Ithaca, NY 14850
By depositing same enclosed in a post-paid addressed wrapper, in a post office under the exclusive care and custody of the United
States Post Office Department within the State of New York.
Dani L. Holford
Sworn to before me this 19th day of May, 2000
1 I t rL
Notary Public
DEBORAH KELLEY
Notary Public, State ,of New York
No. 01 KE6025073
aualHied in Schuyler Count
m n
ComiWan .Exp =-�-
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department
Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of
Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal .
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 126 East Seneca
Street, Ithaca, New York on Wednesday, May 24, 2000, commencing at 7 :00 P.M., as per attached.
Location of sign board used for posting: Bulletin board, front entrance of Town Hall.
Date of posting: May 16, 2000
Date of publication : May 19, 2000
Q
Dani L. Holford, Building and Zoning partment Secretary,
Town of Ithaca
STATE OF NEW YORK ) SS. :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 19th day of May, 2000.
Notary Public
DEBORAH KELLEY
Notary Public, State o073w York
Oualified in Schuyler County
Commission Expires May 17, 20
Boa_ rd of Appeals o4 the Town
of ` Ithaca on , Wednesdayy,.
Ma -2A 2000; m TownHdll, -
12 '` East "Senecar ` Street,
(FIRST;floor; _REAR Entrance; ,
WEST. ; Side ' Ithac6; NY
CONIMENC�NG qAT-;7 00_
n ' fieefollowingmaf--
ters:
APPEAL of th"e`'`Village oa-
,yyugo Heights' Appellant,
Brent, Cross _PE , 'Agent, .f
questing 'a special approval '
from . the s,Zoning Board: of
Appeals- u'riclenArtiele;ly;_S'e'c
aion' I '1 j3)jd) to be• pe"rmitted .
to' locate d- i ie ' station,- tem=
;poranlyyI .at -1 Hanshaw
oad, Town of`lth6c6_& Par-
cel Nco 70- 12-1 2 . 2; resi-
dence -District -R-1-5 .
APPEAL of 'Timothy Ciaschi ,
TOWN OF ITHACA Appellant,, requesting dtyari
BOARD-OF APPEALS once from -theaequiremeriis.of I I
' NOTICE OF Article IV Section l 1 , (6) to
( ;P,,UBUC `NEARINGS z s'- be:_permitted:^,to construct _'a.
WEDNESDAY, ' c .:!, new_ s169164amdy residence
INAY 24;:2000 , : ; ' with a budding heigh�t;of 40±
7 00 F pl feet• (36 foI height hmitation�
6By direchon of. the Chairman' at )' 0`Grove Road Town o
kof_ the 'Zomng Board of Ap Ithaca, . Tax.' Parcel '"'No .
fpeolss NOTICE ' IS .HEREBY 23- 1 1 1 '1-12 , resid'enc6 ,Dis-
GIVEN'thot Piiblic Hearings ' trict, R15.., . .__
rwJlsbe =held by-lhe {;Zon; I APPEAL of Karen Dieter;
t Apppellant, requesting a- spe-
r ! cialcapproJOl and&r. Article
Xll; Secton `54 of the Town of
?" Ithaca Zoning :Ordinance to
be permitted to: alteratnon- '
conforming bu ild ing Wiif _the
renovation- 0' f °'a eck:"and
porch af;.:63.1 , Elmiro•,;Road;;
l' Town
PC`'Ithaca Tax_-"parcel '
No 35 1 =22, Residence Dis Im
'trict R 30:=-Said buildmgg is
appr6xim6tely�-5± �feettarom:,
4 .Ihe rood ' rightof-wayline'.:(30
foot font ard - ,setback: re.
APPEAL of JamesB1
' Mer`odt ;
r'Appellant; requesting o;i4ari
'once irom.the'requirements-of
.Article..IV; ',Section_1141 of :;the
;Town=of Ithaco2oin Qrdi-
'nonce; to•be permuted to'can-
:struct' , ,:q ? two-story ''building
addition with a :proposed'
"west,,side ;yard _ building , set:
„back of' 9±' feet (.1,51 foot set-.
'back -requi yedj . aii -Jo john`.
'Street ': Town- of ilthaco - -X"
Porce(' No.' 516.3- 113 .)-2, Resi=
dente District_ R30:..,II
.`Said' Zoning ' Board : of, Ap
ppeals will at{ said � iime; -
:7:O op,m . and fail_ place
hear all, persons m-support.D
such ' ,matters : or;••::objections;
thereto : Persons `may appear
Eby* agent— or�•'inI, peison.-
Individuols .4with tdisualc ;or
`hearmg impoirmentsor other
special -needs as '- a pr'o
L' pnate, will 'be provide`Pwi'
('.assistance, ;.: as ._i necessary,
" upon' request .Persons' desir-
in g assistance must, make
such o request not -less flian'
f:A8 hours _pnoQto� 1he time;of.
IPubLc'h'earmg
Andrew S . _Frost
['Directorof Building and Zon-. :
mg
r ; :273 1783
;May 19 2000
�:
T01 NN OF ITHACA ZONU� Gx BOARD OF APPEALS
NOTICE OF PUBLIC HEARIMGS
WEDNESDA 'i" . JUNE 9 1999
7 : 00 P . M .
By direction of the Chairman of the Zoning Board of .-appeals NOTICE IS HEREBY" GI 'V' EN that
Public Hearings will be held by the Zoning Board of appeals of the Town of Ithaca on Wednesday . June
9 . 1999 . in Town Hall . 126 East Seneca Street. ( FIRST Floor. RE .-� R Entrance . WEST Side ) . Ithaca. N . Y . .
COMMENCING AT 7 : 00 P . M . . on the following matters :
APPEAL of Russell C . Hodnett. Appellant . requesting a variance from the requirements of Article V .
Section 21 and Article XI . Section ; 1 of the Town of Ithaca Zoning Ordinance . to be permitted to
maintain an existing single - family residence with a west side building setback of 35 - feet (40 feet
required) at 125 Iradell Road. Town of Ithaca Tax Parcel No . 24- 1 - 10 . Agricultural Zone ( R- 30
regulations apply ) .
APPEAL of Clint Sidle , Appellant. Robert Johnsrud. Agent, requesting an authorization from the Town of
Ithaca Zonincy Board of Appeals under Article XII . Section 54 of the Town of Ithaca Zoning Ordinance . to
alter a nonconforming single - family residence on a nonconforming building lot located at 21 ; Forest
Home Drive . Town of Ithaca Tax Parcel No . 66-4- 5 . Residence District R- 15 . Said alteration involves a
57 square foot building addition on the buildings southeast side , less than the required 15 feet from the
property line.
APPEAL of Timothy Ciaschi , Appellant. requesting a variance from the requirements of : article IV ,
Section 16 of the Town of Ithaca Zoning Ordinance . to be permitted to build on a parcel of land 50 feet in
width at the street line and the front yard setback line (60 feet and 100 feet required respectively) at 120 `/_
Woolf Lane. Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 112 . Residence District R- 15 Cluster.
APPEAL of the Montessori School , Appellant. Peter Demjanec , Agent, requesting a special approval
from the Zoning Board of Appeals under article IV , Section 11 of the Town of Ithaca Zoning Ordinance ,
to be permitted to create a school building at 122 East King Road. Town of Ithaca Tax Parcel No . 43 - 1 -
3 . 6 . Residence District R- 15 . The proposal will also involve a variance from Article XIII , Section 69 of
the Ordinance to provide 5 vehicle parking spaces, where 10 would be required. Additionally , a variance
from the requirements of Section 4 . 01 - 1a of the Town of Ithaca Sign Law is also requested. in order to
maintain a 15 - square foot sign on the property . where only 4 square feet is permitted .
Said Zoning Board of Appeals will at said time. 7 : 00 p . m . . and said place . hear all persons in support
of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual
or hearing impairments or other special needs , as appropriate , will be provided with assistance . as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours
prior to the time of the public hearing .
Andrew S . Frost
Director of Building and Zoning
273 - 178 ;
Dated : June ? . 1999
Published : June 4 . 1999
TOWN OF ITHACA FEE :
126 East Seneca Street RECEIVED : `f
Ithaca , New York 14850
CASH
( 607 ) 273 - 1783
CHECK
A P P E A L
ZONING :
to the
Building Inspector / Zoning Enforcement Officer For Office Use Only
and the
Zoning Board of Appeals
of the
Town of Ithaca , New York
Having been den ' ed permission to : 3"1 lC R�c' d� "/ , ,
at �} Town of Ithaca Tax Parcel No . �
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 ) , Section ( s ) 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 Zoning Ordinance would impose PRACTICAL DIFFICULTIES
and/ or UNNECESSARY HARDSHIP as follows :
( Additional sheets may be attached as necessary . )
By filing this application , I grant permission for members of the Town of Ithaca Zoning Board
of Appeals or staff to enter my property to inspec t in c nnection with my appl ' c ion .
- ---
�7 ��l
Signature of Owner/Appellant : acs Date : E
Signature of Appellant/Agent : / /? Date :
Print Name Here : / , X20 - �- �j C/, /
Home Telephone Number : by7J � 7 / / Work Telephone Number : � ` 3/0 a �� C'�.
NOTE : If construction of work in accordance with any variances given does not coeaence within 18 nonths , the
variance will expire ,
rt
1 RUL7
I� '•. O'd'i�l OF ITHACA
�' to
/a2 ZI
i
ADOPTED RESOLUTION : Westwood Hills Subdivision Modification Cleric.
Woolf Lane l
Preliminary and Final Subdivision Approval
Tax Parcel No. 23- 1 - 11 . 112
Planning Board , April 20, 1999
MOTION by Eva Hoffmann, seconded by Lawrence Thayer.
WHEREAS .
1 . This action is consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision of approximately 0 .32 +/- acres ( Parcel B ) on the south side of Woolf Lane from
Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 112 , for consolidation with Town of Ithaca Tax Parcel
No . 23 - 1 - 11 . 135 (Parcel A), Residence District R- 15 . This is a modification of the Westwood
Hills Residential Subdivision previously approved by the Planning Board on October 6, 1987,
and subsequently modified on July 5 , 1994 . Timothy Ciaschi, Owner/Applicant; and
2 . This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in
environmental review with respect to Subdivision Approval , has on April 20, 1999, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II
prepared by the Town Planning staff; and
3 . The Planning Board, at a Public Hearing held on April 20, 1999, has reviewed and accepted as
adequate a plat entitled "Westwood Hills Residential Subdivision, Final Plat - Phase One, Town
of Ithaca, Tompkins County, New York, " prepared by Allen T. Fulkerson , Licensed Land
Surveyor, T.G . Miller Associates P . C . , originally dated 9/ 11 /87 and revised March 19, 1999
(Revision #6) and other application materials .
NOW, THEREFORE , BE IT RESOLVED :
1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and
Final Subdivision Approval , as shown on the Preliminary and Final Subdivision Checklists,
having determined from the materials presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control nor the policies enunciated or implied
by the Town Board ; and
1
ADOPTED RESOLUTION : Westwood Hills Subdivision Modification
Woolf Lane
Preliminary and Final Subdivision Approval
Tax Parcel No. 23- 1 - 11 . 112
Planning Board , April 20, 1999
2 . That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the
proposed subdivision of approximately 0 . 32 +/- acres ( Parcel B ) on the south side of Woolf Lane
from Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 1 12 , for consolidation with Town of Ithaca Tax
Parcel No . 23 - 1 - 1 1 . 135 ( Parcel A), Residence District R- 15 , this being a modification of the
Westwood Hills Residential Subdivision previously approved by the Planning Board on October
65 1987, and subsequently modified on July 5 , 1994, as shown on a plat entitled " Westwood Hills
Residential Subdivision, Final Plat - Phase One, Town of Ithaca, Tompkins County, New York, "
prepared by Allen T. Fulkerson, Licensed Land Surveyor, T.G . Miller Associates P .C . , originally
dated 9/ 11 /87 and revised March 19 , 1999 (Revision #6) and other application materials, subject
to the following conditions :
a. within six months of this approval , consolidation of " Parcel B " (0 . 32 +/- acres) with
" Parcel A " (Tax Map Parcel No . 23 - 1 - 11 . 135 ), and submission to the Town Planning
Department of a copy of the request to the Tompkins County Division of Assessment for
said consolidation ; and
b . granting by the Zoning Board of Appeals of any necessary variances prior to the signing
of the plat by the Chair of the Planning Board ; and
C . within six months of this approval , but in any event prior to the issuance of any building
permits on Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 112 , conveyance of Tax Parcel No .
23 - 1 - 11 . 136 ( " Parcel C " ) consisting of 0 .292 +/- acres, to the Town of Ithaca with
marketable title satisfactory to the Attorney for the Town , for open space purposes, and
more particularly, for the purpose of providing a link in the Town ' s planned Woolf Trail .
AYES - Wilcox, Hoffmann , Thayer, Kenerson, Conneman, Ainslie, Mitrano .
NAYS - None .
The MOTION was declared to be carried unanimously .
Sn r•d� QO.w y I a919 9
Sandra Polce, Secretary, Town of Ithaca . a Bry , Admini rative Assisstant.
(2 )
P +:J !"St " -'r) _ +'; lilw1) - . l�1 JF{f'? tY't:'!i - / ppr'. �� .� f 7__ '41 PF'� ll C' F f'fTl/ EJFfi
to c1ffr u rG) Gn_ rrtfd ertl1i( 9 Suhn4,'}.! . lam il} rf sic} er ^e or,, CI rlor'rvortorrrina fui/dine 1-ot lou^,- ed W 21 Forest
�f-^;- Drive) Town of its' ._ '+ Tax ParCei No 6�?`4 -5.. �'eSidef'li:e District R" 15. Said ctliercgtrion invo 've—1
yr, 11 ... l.J f .i`� , L ,� 1 ✓ 1 r , 1:71.-LS v r ✓ . r
� -, yr �� foot ' r ' �r' r ri t`Y; 7iiiic lr? C� S , Jriti? E'c35t SF(ie, !E'SS pours tr�U r�' 11;r �� f ,` ' Noe t Fr'?,rr, the
joroperty lid?e for' ir` fe fo?!0W11 {,f' re2Sor?S:
c? . The pr' op'?c7Se i t;oF?StruGli r'? wotlrlGf o Si? ? fCt view of Ir`ie 'efhrnf3f troii? irn Sr
b. B be4ng '! l fr Coif frt;.i7' tffe Mrclpeny h"ne tf3at it is a st- bs ,"antia S. eviatio.n, Irtifnn -h , e Zo,Y1,i~ C-
Orulirf anc..e;
j t, � i f� ftf r`!E to the c l7Jr ?;rt'ur t it tr?: proposal IJ{'Sctl iS t UtY91c?tC�' £'Cir ?�i ?` 1 c £sbrrrrir-arrt 10 ter' �^ tlrr r.:r?��ir`iCf
L , T l : v 4,"se . e e pI r
A vote on ti?a motion resu ter as fo1o /S:
A � . �{l Sv ;rt �l Cra ? tZ � l2� �r. � irw i.
NAYS: rStotz.
ABSTENITION: None.
MOTION was carried.
The third appeal to be heard was rs follows :
APPEAL of Timothy Ciaschi , appellant , requesting a. v iance from the requifetY� er� ts o �`� rti^ le ' t ;
Section 16 of the Town of lthaca Zoning Ordinance , to be permitted to build on a parcel o' land 50 feet
in width at the street line and the front yard setback iine 60 feet and 100 feet required respectively) at
12th ', b"! oW} : Lane , Town of lthaca Tax Parc� No , 23° 1 ° 11 . 112 , Residence District R- 1 b duster .
Timothy C €arch € , 124 Woolf Lane , stated that tote and his wife have decided to build blgger
home . He ;Ias additional acreage behind his current home . A variance is needed because there is not,
100 feet of road frontage .
Mr, Frost stated that 1he Plann : ne Board a ;ooroved this Aor€ l 20 ) 1939 .
Chairper s n Stotz asked pr(op rty is being deeded to the Town .
Mr . C € asch. stated that a 25 - foot walkway : s being deeded to the Tt ) pin .
Mr . Frost stated that a. portion of Grove Read dead tends int{} an linfinishend cukde° saw . � }
d € €trevR�ay tp�f: li be off the cuI ` de` zsaC . The € orvn plu����s the cuI - dCe �>
Mr . Ciascioli stated that the Town is depositing fil in the cul `de- sac . It will be a 3 , 000 sq ;L a. re foot
home with a basernent .
ri '"J `{{ r} t )j- rY — f%7C3C'�; l i��l — ,[� t�I JF{C.� `Y`?:!✓ — /� i,itJ!"'�i• vi 't '-- Y4f 7r'�?'1� :/;�{: — :�� F�F'l=iGElF?.3 — 4f? � li
AP F . C. Y ...!✓ AI r v •.
(� Y� f�lp �t � �•!-1 f� t r� v } 8013 rv1 n `��,lp{•' l' � C. � 1 i+`• � r '^ `•
i../ : 7Ye � YP`` C-. Y+7 i. 7 f w�l. l�1Ci opened u +.i UE is : 1Ge 'aa is 1 '�g. I t . t 'rte. . ; : t . . and "M +.. fi C. ..e i ...ery �.`
public wished be heard . With no person -s prose nt to be heardl Cia ; rperS rl SI. .)
hearing a 0: 14 p . m .
MOTION made by }-harry EI`lsworth . s.e ortrder by RortFif` Kra?fiz.
RESOLVED.V� [ tj-� f this 3'f z d r t ! "+-� f^3' enai of ! imc) th ` .Ci ?t� ... Cr�? 1 requesting a varal rc`e rrn?1 me
J'7 ��E,.!'� 91 ��, 11L� L Cr 'J (L 'JC3 Y`1 Cq��fan ( � 1 .... t�p/� ju-' p y j �' ?; ,ter
r ? rl��✓°r vf1 { �1 �%! ? .j l �l riC {�lrn f 6 of Thi 1 iilin of lthaca Zoning OrCJ ?n ar, le , { o t ie i i� ff� 7 { ifY� SL) NF! ( r{'Y
n a r of of of f�?r3 .dr J%J feet in width at the street line am the front yarm. setback fine ( ' feet an 1 ,01 ',' twet
on
r�Y� re •'Y Y+t • e ! , p ., rjr'.k 3::r Wool J f �7 Town n of Ithaca '1�.i . Parcel t f 1!,, ; fJ ! - 11
ry ;.S a?r v .,l�? r� 5�.%CLfI ? {) G ?�+� y3f lSpt✓ %� �{ YV�f � L.Vlri f✓ r T �r Y�. ! V3 iCi.� Urv� f !� . riC_ °
Dis Yiv4 F-F •' J � {../ iusler `Kirin {J�es lohlo ing c4..J,I?e`�. n�.
That h ! ' r r� Y� i! !j on ie� Y�or•r^ ^ ra Gi thle C L o r rfirn - d it t 3'i nin r: "rY dJ^. to y
L? . r this eJl.r. u . iL,.)r f 1i+1 1..iV Le-. �- �- vl.%ri C.lrirt�'n... eI CSC . r! flL f f the r rant lr . r C.'UC, r /'1•..1 ...rj.+. 4 t.x
Resolution of April 20, 19991.
I ltf' Frt X 'rr L 5 f this approval, consofidat?on of ;'Parcel B " ((). 2 acre
e. iin ,? r ! J. r {h ✓ f {this s4 ✓ v e-. )
" ; Tait ivi; Par�;e! ? It. 1 ?�? ), and submission M of?e Tottip'?� R airming Dep i l n-eo ''
oil a copy of the regUeest to the TL3r) ,pkins �� unty ��f {f �lon of Ass1.a=0smit1 r t ICI, " r5%eW7
consolidation; and
YJ //��++ n ; ct Zoning
n !� r /- f p ° of ecessarr v Q `^ Yi(yr T•o l 4 czi {l. Yv S
G . 4..drar ffi'! . t h th Zo rr rg �`�ar d C:lr :'$r.;j�ea3b i./ ! a1J�/ rf �/ u' t !:'YnL.. v ?...+r r4r cC.: � � " 3 r3�
the alai by the Chair of the O farnincl Beard. and
r
3, Within six morthS of this arPprC. val, but in any event prior to the issuti c.1, 0 aril viii dfn: g
3'L. 11 f � ' 37 ff?7 ' T> P r� J J ' ' 4 1 n / + n n ! �
j..;e flits or, r C.. �w c dc . ac fax c? ce y"1 oc 2 - r [? . . 2,r conveyat c OT Tax P2. r„ C- r . 4
1 - ' 1 . 4136 (Tc'3rc l ") f, S f f�l�� I. acres. to the own o thl" ca YY t;h `? ? � f etaUi 1
. r ?='r Er` �r stir? c?, ti. :_ L , .� + , t ... 1 r rz . if ., { r, �. rG
title satisfactory to Lhe Attorney folw the Tome for open c3laCe rcurpose.Q and mote
a lcuiaify, rrr tr?C; F7ur 05 of r�rC1 .`(CtlrjC; c: i?F?f£ ?ri rhva Town �s pianned Woolf Trail.
r r rc� . .
,i,,`'. House be constructed in. a rmannu? r that if the future. roads as shown on the map o avvere tt.p% be
Itf.. ed ove. t the. r� n as oar^!s` that theoy c�f tr• h abi`Q to `'i The ' n se the in
c irrn r v the. rt? �frr ru ..+ {f , u . v v y?(,jf C1 L.. e:i .. J+.: eV 4t! .7��. � . 1t-� r�Ciuvv C'�. c} ll �ll
cot?5trucfed woutdbe in (.Jrtfnrr' r} ?�y !?tf? the zoning SE?ft'a � ii r�r3f.i?rvt7tr� t ?` iF? rtirlJ 'ct tv gutur;?
rG�I S .
A vote cen the motl.on 1esultedr as t6??c ws:
AYES: S.I`utz, Ell worlfr, Krantz Maille. Sicel.
ABSTENTION: None.
MOTION b,%as carried unan?i,zeuSiY`.
L ✓NIN 1 BOARD O APPEALS 1 f 5 F- AGAE �j 7 V �'eG J • it :Z• �
,,11 rr� +:7 ^ t �"'ry r) f %fit — �`5l�lC.� ti/' I.i — /t f.:�t7f i % 'f}'_' i4f Jl:J i:)� t%��/ {�Jf�!-t </ El :_i — i47�l.Jf:3� fJ�r�kol The fourth appeal to be i, eard `,�fas as foHosrxs :
APPEAL of the Montessori School , Appellant , Peter Den, janec , Age €, t ; requesting a special ap prcval
ar0•'1 Y' h h Y' Article J i % 4 A .y. f� 2
om the ie Zoning Board of Appeals under ider Article � V . tiection 1 3 o' the oS1 n of Ithaca. Zoning � rrinan ;�
to be permitted to create a school building at 122 East Kinq
i Road , Tow of Ithac: a i T ax Pa rceallo .
43
4 eftilm 690'
3 . 7 , Re idea .e District R - 1 The proposal will EI: : Ir J • L .1_. a4 1 . Ian C e a nm A + i l j ll1 , - ` -
the Ordinanc to provide 5 'vehicle- padding spaces , where 10 would be required . Ad . li �.� r� aliy; a
Variance from the requirer„ ents of ` action 4 . 31 - 1 a of the Town of Ithaca Sign La`��f is also requested , in
order to maintain, a 15
ZONING JolS }ZD OF r5 f' IF },:.ALS P.WS-:tE --.
t'�- +:J " rat _.� F''i7Ji� �� t? — , f?F1� ti/�j:ii — /� �'+">f i� �% 'j�.__ ,47JF�f-� �/ j; — ;C'� F7f^'F• ll }Jf.! — i4f�Pf-)(;'ili 'i`
ChaiFpr �son Stotz as ked the building would have sprinkler sys oem .
Mr . Demjar' ec respt.sinded is would not ha `�fe a sprinkler >ystern . It will ` ave a co- mple ; e -fir{: ar( d
smoke detection system wired to the fire station .
Ci iairperson Stotz asked what would the rraxienurn occupar 1 . v ba .
t�-tr . i BETljarte replied that the maximurn that the school is coritemplatinq iS 003 , Ii is a :� , , {;
projection .
ChaifpefSon Stotz asked if at any ti €re would °here be thirty Stu {fie €� tti plus strffi in the b uii {� irl � .
Andrea Riddle , School Adm' nistrator , stated this core : nc September try€ Il be the second year ,?
the middle School program , finer started with + students and ` :f are enrollend t�J :� SeptW rnrer . � t: irty
students is the maximum number at some point in the future . It would be the total it cludirc staff . if u
were reached , they would look at other alternatives .
Mr . Niefer asked how mangy- exits are on each level .
Mr. Cemjanec Mated that there is ore exit or the upper level . There are also patio dootrs that exit
the seminar and work rooms . There is the door that leads into the qarace .
C .airperson Stotz asked anvore would res : ale it the building .
Mr , Demjarec responded no .
Cnaifpefsontotz stated that M ,, ntesti.. ri % hC,ol has seen r lot of arotoAh in : ice : 3t year .
; n ;
the concei r s is that the program might expand into a high h school program . H a S tl sere been tiny
discussion of that?
Ms , Riddle responded that several parents have aiproached leer about a Nqh school . S le is not
cvv- mfortable in ex olorinfg that until they have seer how the middle s(pool develops .
Chairperson Stott asked .; they had school buses .
Ms , Riddle responded tilat tl e local school districts are responsible for tm 3Sporting children to
and from school .
C auirpe : Son S)totz asked there would be additional school buses on sirin
.
a a r r r; h C r C whole n wY• Y n y.h .`.7
Ms , Riddle s
tated that ; ha Ithaca, City SC,hool istriC,t ,ends bv4eS for 8 to 10 c do, n .
addition of more students would be an addition to the buses that already come to the school .
Chaii-pei-Son Stotz asked where the buses wi : I d oo- off children .
�rf%f �FiE%Fr%) — iF'Fir Gtii� — f`'f�F{ `%fri) — i� F;F7f;Ctij?_ ai'F�jrti�ii — 'aF�f'iii �if.l — i�iP j.j,Jt: ;,
GIs . Riddle stated that the children would be dropped -off at the rain building . They will wall;
through the ryarr building am' exit exit thror� gh the back door , Tftert there will be a path : ea4� E + tc! t ha
middle School . The : riddle school driveway will only be used for stuff .
nairperson Stott opened the + :; �+ ii : he
at 8 : 29 p . m . , and asked if a y �� err. rs o� ` ' s:
public wished to be heard . With no pemons p -ese;� t to be heard , C� hairperso n Stott closed the public
hearing at, 8 : 30 p . m .
Chairperson Stotz stated that the Planning Staff suggested that the ?oning Board of ! 2p•�Jle,. ... � v
c�rinsider future impa is of l ontes..o n expansion: . What is the reaction of the neighbors ?
Ms . Riddle stated tt a the neighborhood is delighted .
Mr . Demianec stated that the school dies not know if there will be interest in developing
IVIC) ntessori High School . if it is pursr ' ed , it will be brought before the Planning Board and Z onir� g Board
of Appeals before that happens . The proposal before the board , iS consistent witt: the gasser Flan that
was presented to the Planning Board two years aao . This is a superior alternative because it gives V e
school more land for the -sarmee group Of students , more square footage and the rniddle s pool bec dares
approximate to the main school .
Attorney Barney stated that he suggested during the Plann ng board mee.ti ng that tE t�ly rr r{ght
want to forego the previous approval for expansion , They declined to do t -rat for a period of 6 months .
They are approved to build 'the annex.
Mr . Demjanec asked if it would require any approval from this board .
Attorney Barney stated that the Zoning Board of Appeals has already approved it .
Chairperson Stott asked where the last two parking spaces are located .
Mr . Demjanec responded that two are located in the garages . The New York State Uniform Code
Review Board forbade the rase � f .he garage . There arty now three pa king spac� S on ; rte; .
Mr . Frost asked how many parking spaces were fi resented to the Planning Board .
Mr. Demjanec stated that 0 parking spates were presented to the Planning Board .
Mr . Frost stated that : exults in site pl 3:a modification drGt 'ad by the State .
Mr . 'hem anec ststed : hat they could add two parking spaces t� the site or they can Change the
nature of the ,variance request .
Mr , Eilsworth stated than it would be feweF parking soakces than advertised .
ZONING 0A : V OF API EEL J ..55 r1 PAGE ! 1 J `NE: 91
Jr? t 1ED' _ } r7 fib' JrJRC �YVED - AP > RCt i� )-- H !J!->f-; .�PI - �4 }P0?0VFD - : f'P;Q f cic%Af-
r f . ow �r_J i� �0 r . C . . L? - f� f-r L. � F
Chairperson Stutz asked if the parking lot frorn the main uildinr� and the middle s� i ooi -SJrre
considered one for the purpose of parking . They are cor€ necter-J with a patih,way .
Mr . Demjanec responded yes . The Planning Board knows of 3 parking, spaces vr.- the site . They
do not know that there vas ; nte nt to t & ave 21 in tie garage .
Mr . Sigel stated that it 1�sraS €re :itloned that the Planninfa Board heard the proposal fo , �� par : iny�
Mr. Derrjar; ec re sponged that the Pla -ining Board* ne ��er addressed the issue of ;�ar � inc ipa�:,: S .
Mr . Krantz stated that there are 16 more parking spaces at the main school than required . Could
it be considerend one c,OMPGV
5' N rpt-- rso S o 3 ^ is that is a short E,� €slaty C.� fr�/ m that �,`arkina, to to the middle S ^ } cn
J : 1Cw � ..+ • v �Jn �.3t litG. �St al, � � Sf 1Cwt I J t .0 7 Cw' i J • v ll :. ♦\+ t ��S, I � \i CJI
Attorney Barney stated that when the Planning Board appro�fed this , they assume d that .there
would be 5 parking Spaces at the 1 : dale school . it was not advertised for 3 pr� rkl ;? c Spaces .
Mr . Sigel stated that it was advertised as needing 10 aid having 51 to SE* Q R , t € en fic ons &
1'��1r . Dem: janec stater that they believed that 40 spaces were required . € t `gas deter mined that the
requiremenl ; s 8 •
Cna irpters on zStotz asked what ace gnou l+.Y would be in t: eve € cld %tip :`.chLlol .
Ms . Riddle stated that 12 to 5 years of ace would be in that building .
Ana € rperson Stotz ask-- ed what the maximum ace of a student in m €dd : e Schoo € .
��I^�++Is . Kiddie responded that it would 101
Chairperson \`'g. totz asked if the 3 parking spaces at the middle schoo : would be restricted .
1`JIS . P� ; COIe responded that tr3G� parking spaces would tie fol te:Jctlers . There are two teachers for
the middle school . There will be other spec € allSt that come in and out . They v�'ili also be deii� erin c
Cyr" iCUlUdM to other Student>W . They will pans ; n the :'lain parking lot .
n � € rperso �� tilt SiCe�i t : f �.�irti bP1�{% �JE 4J : f way �, € € rents rig. visitors to the \ither parking)
Ms . Ridd ': e stated that they are currently doing that at the annex. They sent a letter to the
parent . asking thern to nark at the main buiNina .
ZONING BOARD OF APPALS PAGE t2
irJ { '") VED - APPROVED - AFVPf�l` �VEir,' - Ar:Pre("; �i'=D,- '4f�j.�j.J(} VE - �jF3i�r��% lIFE) - '47"'h�f-;� li�'r^
APPROVED
Mr . Frost stated there is Irloth € 3q to prewent people trc) m parking at the middle elchool .
yW
;
, r7 t � —rt Jr; filwL — [�.t,f>:7 �C/ tYl:�.'.!✓ — /� (J,L>r'i, :�E �—' /4 !7l:J;.�(71i�'� ,� tJj? ' ^ E / i ; — R r?l-Ji^;t^ t%!"';�
� f`r �� Yr-!_. - /� fJFr • Ci . ,.. `? r L / i. - . a , r'��i : F.., :a r- ,..
ryttornev Barney Mated that the annex sigtl ; � 0 1''. sauare feg-%t
� n , i /+ ` n n tr ... n 7 � .. C C. r � 6n it
i'�/1r . Derr•. jarec si-ated tha € it is a 1.� . .kale of the a : inex ., i �� r: . Th , .� igr: size Ls . . : � p �z o � i :
described .
phi � d th � � ianr rig B; ard .Jrpre% on �totz asked what s ze was dtesuibv
At orney Barney slated that isle r tanning Board approved 10 squa re fe�;t for . h � s ,A n .
Mr. Deg janee stated that the sign would be 10 ;% square feet .
MOTION
;naae v Kirk 3 al s se "o `I Vie / b y ^ !r LY r Ellsworth; .
RESOLVED, that this hoard makes a negative detl.nnmir?nt?Cn of enr trironme,�ntal s�jig'�f}ih�'a ? U :f i it to
/^. 8 r7 t;��yr L;c Yf Ri? /� !';� LQ U+I�sLing. n 3'l r" /�ial aoor va/ fr�`In r'1? fin la fin }' Ji�/a' r� of "1!{./7^' ."-. a1 `s L,S : I �df .'�. ! At-t''cri / Iv/.
4 Iry 'Jrrn w fs. r e tyC . tr%. n' ,, f 4 tw {-�L .]f . '] L2 special Lit y , r�(� b LT r J• f 7 ( ! . i t. 17. . Jay ../ r ..+ t
Q ction i of the TVLtir to of Ithaca Zoning ��rufl' arnkce, to be �vll�ni[f ;�i U' to cr`r-i f6.Z ,� �r1�Fi(j1 NF ! llt�k(�� at
�aCCf King ('��-t o Town f Ithaca a > -c 1 ! % 1 '3 �` !�QL( -/ l fZ ^i' Cu-ict
..., � �1 FZCJaL,. , t � �lr r (� t� r � ca � }( �r,.e , (.• �. l��c. �fv ' r -:/ . �; 7 71F .-+ rs}er . L.. w �9.. a . . l, . R-
r o vol `e / rr ('P. yYG { i i � cl .r X } 1, iSe f ctn t-5 f the Ordinance to Provide a� 3I-. ir+kt] e '1r rf.-ft's +
als-�. 1nY �lYv a Ea . ��n w { t r'' °3 fl />Y� �glFf/fY. /SC��iLFt:.. r . .� ,/ 1,+�. th r
��.. f'1� ;r fi, l�Iri1Q � 1.1 .f C.fi,.( lid r NlrC'4t . l"I C.r�tti i4' ri ill L3 f./ r1Ut.lve lice , ire. jG� ' •re lm fG' i-! T LSi""'j/t r? A `� j .. � ;^
f^' 6 re d bn req y e .J 1. s: . , f �rr is ✓ ! vs: .. E . orr 4 (.� a
�}''M r+ i r /�t
rt �lJ.��. Town r r� e. li L•`! s`. r L.yI �Y is C� is� f er�UeCG ... ✓!. ter r kr. ,r �. t r r? � � �,-� • • '.-y .-.y .-ff sign r' f S '�
�ti { f Li lff ' q ,� ote 1 l.te 11 'c r' tc3 ! > W. s lul , , e fool 5 g{ � o i l fit✓
prop%rI , wher-e of ? ly 4, square feet !s er r3irteJ,
H� finite Pon the i??ofio ? r esurtea as f,c;!,o `•vfs:
AYES: Vt o tzs Ef f s oitht s K!-C t7, Jr;e,1 e.r. V C Uvz.i
.
i
ABSTENTION: Alone.
MOTION Lvas ;:;xr7fed r^,Inanin?Gus{`y.
MOTION Made by h'a 'rry E,;swo/117-7 ,s ;,`or; ::e:; by Rot 1,rll.l Ki-ant.7.
i
RESOLVED, that thi-Q boare qrant tt4te arppec`li of Wiontessorj 13/`!" o j, raqu" sting sr%eciril aAproval iron"
the Zcr?ing BCz--if -d of A.Paeals under A isle IV +SeGtlun Y '• of hie To wn of ttl ?a ca Zonin,aCi4tinarr?ce; t0 be
yf`er,� r?`te;.J to create a school bu-ilQ'r'ng cat y22 EC st tiin ¢iced'. Town of Ithaca •? .i �''nrC�i i�a J. ��° ? °�i. l.�;
Resi,Jenr+a District R- r `%, �flfth, the follL; winig co!ditrCn:
u , . vs, rte , s. r rr rr r r
That ! f 17 Ur,'I k I7 1'f occupied� Ilf ` o Y`7ore tt `� t � 71 /^ I- Yf f li i e I^ + +, ?n ,r ,3 � rv� Y)f-f- t ^!
L? . 1 r�?c? ! �t.. Gf , YJ.��.rrrt ..rf .//'+���' I., ls° VC,. L.��,f�'�` L.. � rY?:,, rl . ,./. .. 1?r�t? s. tJ �,::�,L. 7� ,./, e.. Gtr r2.7^5..� . ILa : . ryU2r : ,. rt . c? r . ..kC.e' . eL,
by State Birr+ldiiIi ! l rori o.
A gore on the motion 'resufter.7 cis fclfovvs:
j v 1990
ZCNiNG _ CARD OF APPEALS PAGE 14
APPROVED i "D - APr Rk ✓ ED - AP IRO VEt )- .
AI J!-�r'7OVE01 - �cj ,t7r' e lIv Fr.1 - r4f
AYES.- ti tOEZ, r. r!,IS orth KraW7 Mofer. . , i`i.` i.
NAYS.- None.
ABSTENTION: None.
MOTION 1,,vaS ccrrried unatnimCL1Sl''.
MOTION made J� � ur�Cf4 �u! �Z suGr
7 G ti by a r.r , I !SEv^ r
.
c r � t RESOLVED ? � f PL1i; fCx r • naC °S iv rrfir S the total vehiici'e P0v ty rIk g ; t y
a :
1; I�I�CfnIeSSOr? Sc Jai Complex are in v� rriJllt� b ?C ;�iiirr? A? ticie ��`!�f; ��'SiiC?t? L?� �? irr? � �L?i? r!i� Qf Sr1'?c! r^• �,L.
T ; e efcl� re flo t!artance i`s required.
A vote on the motidmon r esufteCr as foliows.
+ • r
.AYES: Stott, Ellsworth , Krantz ,N ;,. fPr bigei.
VAYS: Nw.r?e.
ABSTENTION: None.
,MOTION v✓ns cammec: una mmeusly.
MOTION made }, � rar;r'• � !i� '`h 4eC r aled ht
dY3� X €4e�i `�d l . . C�t: ��i i/ �! �. mac . }r �1. �. �'�ttr . , �.. ... v;�. / v.s ... v.r L �l
RESOLVED, that this boars araffi tP a soec�? / of tJ Q .11i ntessori S ChUf; tCjiesri ?+ a variance ance fro!m!
he
rtCllp ;ment'5 of Sr� Cti GF c . 0 f _ la r f ife Town of Irraca SiOrt Law 10 m airtain n 10 142 square foci` Si Yi"i
blri? � r :� nr3j i tii Square f � t S permitted, c f1 E' 1'0 f?'rC�r' u� ti?firl r awi in height. T�izi this Sian �?u siani?ar •rr,
design ar;d ccnssructier as hh.e sign Iccaied at iP e MorteSSori School annex.
A vote on the motion f•esulfied as fol11,0 s.
,fir F Ev: Stott', Efls .otth, Kt&cgt? tZ. Ariefpl; i;�cj•
NAYS: '~. on! n-
ABSTENTlON: None,
e � Jr � nln ^ � s! � •MOTION m3i c rrr
OTHER ff ER BUSINES S .
ZONNGI ?OARD OF AP PI Lcz _ S PAIGE 5 , !-} ; E—9 ,
pr] l � -r� - f'ln r: ' i �t7 - >� F�l F1f.� t✓� 1✓ - /1f��7f\ .� L�-' '4111-�f t� f.! - :�� f�{`'!'?l/ VE - '4f�1.��.�t^,• li l:
Mr ,,4 F`r F . CO ✓ asked i��.�7', - rp. C� V r't �-e f-� (.� ( !1 the::, �1 .-y
Mr , Niefer asked if B.- rtger I`� � 1 a `rwo :. id f.lV be ore boa d .
Mr . Frost sated that there are iLrsrr-, short i asess before ih Burger King appea .
Mr. E € Isx�:orth stated tha€ he would be aosta : ning .
hai : Son Stetz asked if t sere is an of � e space availvi? le .
At :or{ ey Barney slated : at the Plannit tg Boa `d u 'ed terse Yo i plot s %r3ou :ltv iV eent �S. : �t C. Ut i
Building for the Preliminary Site Flan App € ova ' Public Hearing . Tl; e Chairperson utotZ and Mr . Wrost
{;�_� :, o C;(7k In°.ti f'� cld � ngi 'jhe €�� eet ng in another to ration . Another l �}:;aftdri might warit t1 be locker d into .
Et is understood :flat there will presentat ons roi ia��yers representing the opposing side . It co ;L: ; c be
crowed .
Mr . Krantz staled That err. Ellsworth would be abstaining . if t Es a 22 -to_2 vote ; what happens
attorney Barney stated that it does not a55 . Three; vote' are needed . It taa € eeN an affirrna.tivet
vote in e :tner O ection ,
Mr. Sigel asked : o t ; ey would reed to appoint a. n altei : ate .
�attorne�r Barney stated that the might t' avr`� t<
.J , Tnere : 5 n t leg : 5 at �on # n i ;act to
alltr? c't ;; ?f
I
r; neairper.so n St€itz as :�ed what the appeal for.
Attorney Barney stated that it is special a grovai . There will be a lot of different argurnents . The
people who are opp`ri� irig the application have come tip with a number of argu ments . Each one ^ as
been loo red at any have been found r os to be valid . € he gourd :deeds to deter �-� : ne €f tYe r�fe � is � n
Section 77 nos been met , A minor sign variance will need to be granted . A special approval use s aa
valid use . The special approval €r: ean5 that additional requirements need to b met .
Chairman Stott: ad ou : ed the meeting at 9 . 16 f, . € ,
f;l ;6)
Sarre Q �'.
o ,_ �5 . �,� ir . te;� � ecre ,ar. , -
David �' airier on ,