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Signed _
> TOWN OF ITHACA
ZONING BOARD OF APPEALS
SEPTEMBER 3 0 , 1974
A meeting of the Town of Ithaca Zoning Board of Appeals was
held on Monday , September 30 , 1974 , at 7 : 30 p . m , in the Town of
Ithaca Offices , 108 East Green Street , Ithaca , New York ,
PRESENT : , Edward King , Edward Austen , Laurene Ripley , Jack
Hewett , Chairman Peter Francese ( arrived late ) , Lawrence Fabbroni
( Zoning Officer) , Reynolds Metz ( Assistant Zoning Officer ) . ,
ALSO PRESENT : Messrs . Haag , White , Tompkins , Norcross and
Mrs . O ' Connor .
In the absence of the Chairman , the Vice - Chairman , Mr . Hewett ,
called the meeting to order at 7 : 45 p . m . He thereupon turned the
meeting over toy Mr . Fabbroni , Zoning Officer .
4
PUBLIC HEARING : I APPEAL OF MESSRS . HAAG AND WHITE , APPELLANT , FROM
THE DECISION _, OF, THE ZONING OFFICER DENYING PERMISSION FOR BUILDING
OF THREE TWO - FAMILY HOMES WITH UNITS OF EQUAL SIZE AT 730 FIVE MILE
DRIVE , 103 AND ;111 FIDLER ROAD ,
The Public Hearing was called to order at 7 : 48 p . m . by the
Zoning Officer , Mr . Fabbroni presented the Affidavit of Posting and
Publication signed by the Town Clerk , Mr . Edward Bergen , , and duly
notarized . Mr . Fabbroni requested that Messrs . Haag and " White present
their plans .
Mr . Haag stated that he and Mr . White own some ground on Five
Mile Drive and Fidler Road . They had presented their. plans for the
first time to the Planning Board on January 16 , 1973 , and that ,
effective June 112 , 1973 , the Town Board had rezoned their 8 . 37 acres
to
to Multiple Residence District ,
Mr . Haag stated that since that time they have had trouble with
the County Health Department with the building of the 30 apartment units
that were approved by the Planning Board , Mr . Haag said that he and Mr .
White have some ground that was not approved by the Planning Board for
building on . He stated that they would like three duplex units on that
ground . Mr . Haag continued and said that the Town Zoning Ordinance
states that if there are to be two units in the snma building , one
must be 500 of the other . Mr . Haag said that the apartment units come
from the factory and that they would like to build two units side by
side which would be of the same size . He stated that they meet or
exceed the set back requirements in each of the three lots . The area
1t is zoned R- 9 . There are proposed 6 dwelling units on the 3 lots .
Mr . Fabbroni exhibited the plan of the proposed use . He stated that
on the South side of Fidler Road there is a lot labelled # 3 which is 153 '
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i
Zoning oard of
g Appeals - 2 - September 30 , 1974
by 200 ' ( approx . ) ,, there is a lot labelled # 2 that is 153 ' by 280 ' with
300 ' on Fidler Road ( approx . ) . and there is a lot # 1 on the North side
of Fidler Road that is 150 ' by 260 ' on Fidler Road with a back lot line
of about 2801
.
Mr . Fabbroni stated that under R- 9 zoning the lot on the North side
of Fidler Road would be allowed 3 dwelling units except for the Health
Department approval . Health Department approval states that what they
are proposing , two total _. units on the North side of Fidler Road and
four total units on the South side , are acceptable .
Based on that and the Health Department approval , Mr . Fabbroni stated
that he saw nothing wrong with the proposal .
At this poiInt , 8 : 01 p . m . , Mr . Francese , the Chairman of the
Zoning Board of Appeals , arrived and took over the meeting .
Mr . Francese asked Mr . Haag if he and Mr . White intend toy develop
the other land zoned multiple residence . Mr . Haag stated that they do
as soon as they get Health Department approval . He noted that the
multiple residence district does not extend all the way to Fidler Road ,
Mr . Francese asked if Mr . Haag had shown these plans to Mr . Arthur
" Dutch " Prince . He further asked if Mr . Prince is aware that Messrs . '
Haag and White wan , to put these 6 dwelling units around his house . Mr .
Haag answered yes to both questions stating that Mr . Prince is in
agreement with their plans . He noted that there is a 60 ' road between
Mr . Prince and theldevelopment .
Mr . Fabbroni noted that the density stands to be less than R- 9 allows ,.
Mr .
Francese asked to see the elevation plans for these proposed
units . Mr . Haag presented the plan showing the elevations and the units
side by side . He stated that these are modular units . He noted that
there is no cellar � in the lower duplex but the one up on the hill and
the one near Mr . Prince ' s house will probably have cellars .
Mr . Francese asked if these dwelling units could be subdivided
into smaller units by another owner . Mr . IIaag assured him that they
could not . Mr . Francese noted that as an example on the lot that is 6
approximately '1501 by 200 ' Messrs . IIaag and White could build two ?
dwelling units in one structure , one of 2 , 000 sq . ft . and the other of
1 , 000 sq . ft .
Mr . Edward Icing commented that they could add another building ,
were he so inclined , at some time in the remaining part of the parcel .
Mr . King was assured by Mr . IIaag that they could not because the topo - '
graphy of the landlis too bad . He further stated that it ' is not their ,
intention to come in at another time and ask to build another building .
' r
Mr . Fabbroni stated that the Zoning Board of Appeals is being
asked to waive Article 3 , Section 4 , paragraph 2 of the Town of Ithaca
Zoning Ordinance , 1Mr . Fabbroni stated that it was his recommendation
that if the Board does resolve to vary the above cited sections they
should do so on the basis that the over - all density that is proposed
is less than that Illowed by the R- 9 zoning .
• i
Zoning Board of Appeals - 3 - September 30 , 1974
i
Mr . King was of the opinion that the waiving does not really
apply to densitylbecause two families could go in there .
Mr . Francese determined that the Finding of Facts in this case
would be that the three lots are of such large size that two dwelling
units of equal . slze constructed in one building would not be objectionable
to the area , andifurther , that the new zoning ordinance of the Town will
allow such a use �, on lots of 20 , 000 sq . ft .
MOTION by Chairman Peter Francese , seconded by Mrs . Laurene Ripley :
RESOLVED , , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant a variance from the provisions of Article 3 ,
Section 4 , paragraph 2 of the Town of Ithaca Zoning Ordinance to
Messrs . Mark Haag and Phil White thereby granting them permission to
. build twoj - two - family homes on Town of Ithaca Parcel No . 31 - 3 - 2 , Five
Mile Drive and Fidler Road and one two = family " home on - 'Parcel No . 31 - 4 - 4 . 1 .
There being no further discussion , the Chair called fora vote .
Aye - King , Austen , Ripley , Hewett , Francese .
Nay - None .
The MOTION was declared to be carried unanimously .
PUBLIC HEARING : APPEAL OF P & C FOOD MARKET , INC . , APPELLANT , FROM THE
DECISION OF THE ZONING OFFICER DENYING PERMISSION TO EXTEND SPECIAL
PERMIT ALLOWING LIGHT INDUSTRIAL USE BY MORSE CHAIN CO . IN A COMMERCIAL
ZONE , GRANTED SEPTEMBER 1972 FOR TWO YEARS AT 222 JUDD FALLS ROAD ( OWNED
BY IDEMAN ) . i
The Public Hearing was called to order at 8 : 30 p . m . by the Chair -
man of the ZoningiBoard of Appeals , Mr . Francese ,
Mr . Fabbroni presented the Affidavit of Posting and Publication
signed by the Town Clerk , Mr . Edward Bergen , and duly notarized . Mr .
Fabbroni stated that Mr . Norcross was present at this hearing from Syracuse ,
New York , representing the P & C . and Mr . Tompkins was also present from
Ithaca , New York , representing Morse Chain .
Mr . Norcross explained the reason for the P & C requesting this
extension to the Special. Permit granted to them in 1972 by this Board .
He stated that the P & C leases the building at 222 Judd Falls Road from
Mr . George IdemanIand they in turn lease it to Morse Chain as of 1972 .
He said that Morse 'Chain Co . is not prepared to move into their new
building for another year due to construction problems . He stated that
the P & C is in a position to grant an extension to their lease agreement
with Morse Chain because they have a lease for one more year with Mr .
Ideman . He said that they would like to request the Zoning Board of
Appeals for an extension of their special Permit for 13 months .
Mr . Tompkins stated that the Morse Chain operation is a low- key
assembly operation . There are about 40 People working in the building .
Mr . Hewettlstated that he knew of no problem there with traffic
as a result of Morse Chain being in the building .
I
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� +
TOWN OF ITHACA
j BOARD OF ZONING APPEALS
-. April 18 , 1973
i
A meeting ` of the Town of Ithaca Board of Zoning Appeals was
held on Wednesday ! April 18 , 1973 , at 7 : 30 p . m . in the Town of Ithaca
Offices , 108 EastlGreen Street , Ithaca , New York .
PRESENT : lChairman David Powers , Laurene Ripley , Roger Sovocool ,
Jack Hewett , David Cowan ( Zoning Officer , Reynolds Metz (Assistant
Zoning Officer ) , Nancy Fuller ( Secretary .
k
ABSENT : Loran Marion ,
ALSO PRESENT : Mr . Mark Haag and Mr . Philip White .
PUBLIC HEARING : APPEAL OF MESSRS . HAAG AND WHITE ,
I
Chairman Powers called the Public Hearing to order at 7 : 40 p . m .
i
Mr . David ! Cowan read the Notice of Public Hearing as published
in the Ithaca Journal on April 14 , 16 and 17 , .1973 , said Notice being
attached to and being a part of the Official Copy of the Minutes of this
Public Hearing and filed in the Official Minute Book of the Board of
Zoning Appeals inIthe Office of the Town Clerk of the Town of Ithaca .
Mr . Cowan presented an Affidavit of Posting and Publication of this
Public Hearing sworn to by the Town Clerk ,
Mr . Cowanlread from the Zoning Ordinance of the Town of Ithaca ,
Article VI , Section 28 ( 5 ) , as follows :
' Height : All structures shall conform in height with other
structures in the vicinity ; provided however , that no structure shall
exceed 2 stories on the road side . "
i
Mr . Cowan stated that the plans being presented to the Board of
Zoning Appeals at this meeting by Messrs . Haag and White have been
through the Planning Board and the Town Board . The Plannin Board has
recommended to thel Town Board that the 8 : 371 acres of land fn process of
being acquired by Messrs . Haag and White from one Arthur Prince be
rezoned from R- 9 and R- 30 to Multiple Residence Zone . The Town Board is
ready to approve such re - zoning and recognizes that the height of the
proposed structures is contrary to the Zoning Ordinance . Therefore ,
the Town Board haslreferred the matter to the Board of Zoning Appeals
in accordance with Section 77 of the Zoning Ordinance for their considera-
tion .
At the request of Mr . Roger Sovocool , Mr . Cowan - described the
history of this request for Special Approval . The plans of Messrs . Haag
and White are for 30 units of apartment dwellings , one and three bedroom .
Because of the topography of the land , the road side of said apartments
is three stories and the rear is two . Should their land have been situated on the opposite side of the road , this question would not have
arisen . The land is presently zoned R- 9 and R- 30 . At some time in the
past this land had been zoned for Multiple. Residence according to a
,.,own of Ithaca Board of Zoning Appeals - 2- April 18 , 1973
plan for development of one I:olfe , but this rezoning never took place
because Mr . Rolfe was unable to finance his project and plans were
never submitted inia final form .
Mr . Cowan noted that Article VI , Section 28 ( 5 ) applies to all
areas in the Town , i . e . , a two story requirement on the road side .
Mr . White described the land use in connection with the proposed
construction of the 30 apartment units in two separate buildings . Mr .
Haag described the topography of the land . They showed several sketches
and sections showing the layout of the dwelling units . The proposed
plans call for the first floor to contain one apartment unit and the
second and third floors together comprise one apartment unit .
Mr . White requested that the Board of Zoning Appeals grant
Special Approval particularly since their development just happens to
be on one side of the road and not on another .
Chairman Powers wished to have it clear that the Town Board has
approved this planlso that they would not be making further requests
of the Board of Zoning Appeals should they grant such Special Approval .
Mr . Cowan stated that both the Planning Board and the Town Board have
recommended the rezoning of the land for the development of this plan .
Mrs . Ripley asked if all the neighbors had been given notice of
this proposed development . Mr . Haag said that they had , an Affidavit of
Mailing of Notice of Public Hearing held by the Planning Board having
been presented by them to the Planning Board on March 8 , 1973 . No
neighbors have appeared in opposition , Mr . Prince having appeared in
support . There were no neighbors or citizens present at this Public
Hearing in opposition to their request to the Board of Zoning Appeals .
Mr . Powers stated that he felt that this was ' a fairly nice
plan . The land was not crowded . Mr . Powers asked about the handling
of water , driveways and parking . Mr . Haag stated that drainage plans ,
drives and parking1plans will be submitted to the Planning Board for
final site plan approval .
Mr . Powers , noted that at the present- moment Messrs . Haag and
White are not the legal owners of this land , though they are in process
of acquiring it . He felt that this could present a problem .
Mr . White stated that he and Mr . Haag have a purchase contract
with Mr . Arthur Prince which will be finalized within the next week or
so .
Mr . Sovocool stated that he would feel differently about granting
this request under these circumstances were the request for a variance and
not a special approval . However , the site is tied to the plans presented
to the Planning Board and the rezoning applies only to said site plan and
Messrs . Haag and White .
It was MOVED by Mr . Jack Hewett ,
THAT , upon the following findings of fact that :
a . The health , safety morals and general welfare of the
community in harmony with the genera purpose of the zoning ordinance
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} . . own of Ithaca Board of Zoning Appeals - 3 - April 18 , 1973 .
i
shall be promoted .i
b . IThe premises are reasonably adapted to the proposed
use , and that such use will fill a . neighborhood or community need .
c . )1 The proposed use and the location and design of any
structure shall be consistent with the character of the district in which it
is located .
d . The proposed use shall not be detrimental to the
general amenity or; , neighborhood character in amounts sufficient to
devaluate neighboring property or seriously inconvenience neighboring
inhabitants .
i
e . The proposed access and egress for all structures and
uses shall be safely designed .
f . 'The general effect of the proposed upon the community as
a whole , including such items as traffic. load upon public streets and load
upon water and se0erage systems is not detrimental to the health , safety
and general welfare of the community .
BE IT RESOLVED that the Board of Zoning Appeals of the Town. of
Ithaca grant and does hereby grant Special Approval to Messrs . Haag and
White for the development of land at Five Mile Drive and Fidler Road in
the Town of Ithaca , being the construction of 30 apartment units in
two buildings , said buildings being three stories high on the road side ,
p � and further ,
BE IT RESOLVED that such Special Approval is granted subject to
the transfer of title of land presently owned by Arthur Prince to Mr .
Mark Haag and Mr . Philip White .
Seconded by Mr . Roger Sovocool . Chairman Powers called for a
vote and all members present voted aye . The Motion was carried .
The Public hearing was closed at 8 : 15 p . m . by Chairman : Powers .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
David Powers , Chairman
Board of Zoning Appeals