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HomeMy WebLinkAboutZBAA-25-8 Packet 213 King Rd W&Outlook Tweak to Site Plan ZBAA-25-08 From don_moore@verizon.net <don_moore@verizon.net> Date Wed 3/19/2025 6:01 PM To Marty Moseley <MMoseley@townithacany.gov> Cc Lori Kofoid <LKofoid@townithacany.gov> Marty - In preparing to stake the revised proposed corners on site,I double checked dimensions and discovered two adjustments to the dimensions on the Site Plan were required. One dimension was changed from 50.0'to 50.2',and the rear yard setback was changed from 39.4'to 38.0'. The revisions are at page 7 in the latest attachment. Thank you, Don RE: Zoning variance for side setback issued September 2023 for 213 W King Rd From:Marty Moseley (mmoseley@townithacany.gov) To:don_moore@verizon.net; dmagnuson@townithacany.gov Cc:codes@townithacany.gov Date:Thursday, January 23, 2025 at 04:10 PM EST Don, A special approval is identified in our zoning regulations for specific uses and typically requires both the Planning Board and Zoning Board of Appeals to agree on the special approval. An extension is not considered to be a special approval. Unfortunately, we currently have approximately 10 variance requests that have been submitted and are under consideration. We are proceeding them as soon as we can, but I do not believe that I can place you on the February meeting for the Zoning Board of Appeals. I would suggest submitting a variance request to be considered by the Zoning Board of Appeals, so we can add you to the agenda list. Thank you, Marty Moseley Director of Code Enforcement Town of Ithaca 215 N Tioga Street Ithaca, New York 14850 P: 607-273-1783 F: 607-273-1704 www.townithacany.gov The information contained in this e-mail message is confidential and intended only for the individual or entity to whom or which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, alteration, or copying of this e-mail message is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by telephone (607-273-1783), or by return e-mail, and delete this e-mail message. From: don_moore@verizon.net <don_moore@verizon.net> Sent: Thursday, January 23, 2025 3:37 PM To: Dana Magnuson <DMagnuson@townithacany.gov> Cc: Marty Moseley <MMoseley@townithacany.gov> Subject: Re: Zoning variance for side setback issued September 2023 for 213 W King Rd Dana and Marty - 1/23/25, 5:21 PM AOL Mail - RE: Zoning variance for side setback issued September 2023 for 213 W King Rd about:blank 1/3 Project Narrative This variance, if granted, would replace and expand a variance granted September 18, 2023, which will expire prior to commencement of construction, per Z.O. Sec 270-235.J. Since this variance was granted, the house site has been cleared, a septic permit obtained, and a culvert and driveway have been roughed in. It is proposed to build a one-story single family 2-bedroom residence with a 2-car garage on the subject lot. The lot was subdivided in 1956, including the ability to locate an on- lot septic system. The home will be served by existing utilities at the road, including electric, water and natural gas. The lot has no wetlands or steep slopes, with the exception of a rise in topography along the front property line. Just beyond the rear property line, there is a fully treed large gully, and below this in elevation, steep slopes in topography that ultimately drops down to an access road to Buttermilk Falls State Park. The lot is 100’ wide, with 40’ side-yard setbacks on each side, leaving only 20’ width in which to construct a home – an unreasonable requirement. With a garage in the side yard, the setback is reduced to 15’. At the time the lot was subdivided, 10’ side-yard setbacks were required for a house, and 7’ for a garage in the side yard. The proposed development would not have required a side yard variance under the approved subdivision plan. It is proposed to locate the principal building at an angle, to enjoy the foliage of the forested area across the rear property line. The bulk of relief needed is in the southwest corner, with less relief needed in the northwest corner. The septic permit provided by Tomkins County is for a gravity septic system with sand filter and drain field. Due to the unique topography of the lot, with a high area in the center from side line to side line, it is challenging to provide the roughly 5’ drop needed from the septic tank to the drain field. This topography also creates a low area which a sizeable portion of the living area of the house would fall within if the rear yard setback is 50’. A well respected Ithaca-area excavator believes that if the house is placed to adhere to the required rear yard setback, it may be required to place the sand filter in the side or rear yards, which is undesirable. Also, 2 to 3 feet of fill will need to be added to multiple corners of the building to create reasonable grades, necessitating the importation of fill from offsite. Relocating the building rearwards utilizing a moderate reduction in the required rear yard setback will allow the septic sand filter to be placed in the front yard, as well as a reduction in the amount of fill needed to provide a livable landscape around the house. Lastly, moving the building site rearwards would provide some added flexibility in choosing an alternate septic drain site in the future. The proposed structure will blend into the wooded setting nicely, and is located to provide the least impact on neighboring uses. Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval:NO YES 3.a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):Agriculture □ Urban □ Forest SEAF 2019 Parkland Page 2 of 3 5.Is the proposed action, a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES N/A 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES 7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES 9.Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. April 4, 2025 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed single family dwelling located at 213 King Road West, Tax Parcel #37.-1-6.2, Donald Moore, Owner and Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. March 7, 2025 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed Moore New House located at 213 King Road West, Tax Parcel #37.-1-6.2, Don Moore, Owner and Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. February 14, 2025 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed single family dwelling located at 213 King Road East, Tax Parcel #37.-1-6.2, Don Moore, Owner and Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. August 4, 2023 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed new residential construction, Tax Parcel #37.-1-6.2, Donald Moore, Owner and Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability Filed 9/26 TOWN OF ITHACA Zoning Board of Appeals September 18, 2023 ZBAA-23-17 Area Variance 213 King Rd W, LDR, TP 37.-1-6.2 Resolved that this Board grants the appeal of Donald Moore, owner of 213 King Rd W, TP 37.- 1-6.2, seeking relief from Town of Ithaca Code Section 270-60 C (Yard regulations) which requires a minimum side yard setback of 40’ feet where approximately 18’ 8” is proposed for construction of a single-family dwelling, with the following Conditions 1. That the home be built substantially as presented as to location, with a side yard not less 18’ from the side yard property line, and with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community, specifically 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that the lot was created in 1956 with a legally compliant 100’ feet width which has subsequently changed, and the natural desire to have the living area windows face the natural beauty of the area is understood, and 2. That there will not be an undesirable change to the neighborhood or to nearby properties as several houses in the area have similarly small setbacks and the proposed home has been designed and placed to minimize any impacts to the neighbors, and 3. That the request is substantial in that 40’ feet is required where 18’ feet is being granted, and 4. That there will not be any adverse environmental effects as no SEQR is required, and 5. That the hardship is self-created in that the applicant was aware of the restrictions on the property prior to purchasing the property. Moved: David Squires Seconded: Chris Jung Vote: ayes – Squires, Jung, Terry, Friedman, and Minnig ZBA Minutes 2023-09-18 (Filed 9/25) Pg. 1 TOWN OF ITHACA Zoning Board of Appeals September 18, 2023 Present: Board Members David Squires, Chair; Chris Jung, Connor Terry, and Stuart Friedman Absent: Mark Apker and Kim Ritter Marty Moseley, Dir. of Code Enforcement; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:05 p.m. 1. ZBAA-23-17 Appeal of Donald Moore, owner of 213 King Rd W, LDR, TP 37.-1-6.2, seeking relief from Town of Ithaca Code section 270-60 C (Yard regulations) which requires a minimum side yard setback of 40’ feet where approximately 18’ 8” is proposed for a single-family dwelling. Mr. Moore gave a lengthy presentation on his proposal using google maps and street view, older zoning ordinances, drawings and renderings of the proposed structure, assessment maps and diagrams and surveys. The material showed the restraints on the property from topography and especially slope; existing smaller side yard setbacks in the area; and mitigating shielding provided by brush and natural vegetation between his property and one of the neighbors. He said the most important factor is that the subdivision of the lots in the area happened decades ago, resulting in then compliant residential districts zone setbacks of 10’ feet for a buildable lot of 80’ feet where the current zoning is low density with 40’ foot setbacks resulting in a 20’ foot buildable area on the lot. He showed that most homes in the area are built within 20’ feet or significantly less of the side property lines and his proposal would be about 125’ feet from one neighbor and about 200’ feet from another neighbor’s houses but not meeting the side yard setbacks. He added that the lot is near a part of Buttermilk State Park that is not likely to be developed and the design he proposes showcases the views of that natural area in the living area. Mr. Moore stated he went through many calculations trying to shift the layout but the net reduction in the variance he was requesting was so small and the impact to his design so big that it made those other placements or orientations not feasible in his opinion. He added that his proposed design also helps with any environmental impact as it allows using the slope and topography and installing a footer drain to help mitigate run off and reduces excavation needs and helps with the placement of the septic area that is available. A lengthy discussion followed regarding shifting the orientation of the proposed home where Mr. Moore reiterated his calculations and scenarios and the very small decrease in the requested variance that would result compared to the aesthetic and livability of his proposed orientation. ZBA 2023-09-18 (Filed 9/26) Pg. 2 Public Hearing – Mr. Squires opened the public hearing at 6:46 p.m. Mrs. Hicks, a neighbor to the west spoke, saying that they would be the ones having the biggest impact and she made a diagram to be able to shift and move the proposed house and she thought it could be shifted to minimize the impact on her house. She showed members her diagram working template but was not able to share it or submit it in a way that it could be saved for the file. Mr. Hicks asked if a further addition would require another variance and Ms. Brock told him it would. Mr. Vrabel spoke saying two of the lots have been combined, the adjacent lots, because he wanted to put up a barn, so he had to combine 209 and 211 into one lot. There was no one else wishing to speak and the hearing was closed. SEQR – Type 2 and not necessary for an area variance for a single-family home. Discussion Gary Bush, licensed engineer spoke, saying that because this is not a true triangle, the benefit to shifting the footprint is negligible and is an optical illusion on 2-dimensional paper. Board members were in favor of granting the appeal, feeling that the lot presented unique hardships and challenges and although he bought the property knowing about the restrictions, it is unique and the proposed home blends into the existing neighborhood and surrounding nature and this is a remarkably narrow lot and the proposal is good and has been moved back to mitigate the impact to the neighbors and this lot was established with 10’ foot setbacks in place. ZBAA-23-17 Area Variance 213 King Rd W, LDR, TP 37.-1-6.2 Resolved that this Board grants the appeal of Donald Moore, owner of 213 King Rd W, TP 37.- 1-6.2, seeking relief from Town of Ithaca Code Section 270-60 C (Yard regulations) which requires a minimum side yard setback of 40’ feet where approximately 18’ 8” is proposed for construction of a single-family dwelling, with the following Conditions 1. That the home be built substantially as presented as to location, with a side yard not less 18’ from the side yard property line, and with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community, specifically ZBA Minutes 2023-09-18 (Filed 9/25) Pg. 3 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that the lot was created in 1956 with a legally compliant 100’ feet width which has subsequently changed, and the natural desire to have the living area windows face the natural beauty of the area is understood, and 2. That there will not be an undesirable change to the neighborhood or to nearby properties as several houses in the area have similarly small setbacks and the proposed home has been designed and placed to minimize any impacts to the neighbors, and 3. That the request is substantial in that 40’ feet is required where 18’ feet is being granted, and 4. That there will not be any adverse environmental effects as no SEQR is required, and 5. That the hardship is self-created in that the applicant was aware of the restrictions on the property prior to purchasing the property. Moved: David Squires Seconded: Chris Jung Vote: ayes – Squires, Jung, Terry, Friedman, and Minnig 2. ZBAA-23-19 Appeal of Ithaca College, TP 41.-1-30.2, MDR, seeking relief from Town of Ithaca Code Section 270-70 (Height limitations) to be permitted to construct an elevator shaft that measuring almost 58’ feet from the lowest interior grade where 38’ feet is permitted. The Applicant was not present, and it was determined that this was a straight-forward request and Mr. Moseley reviewed the necessity and reasoning for the requested height as submitted in the application materials. Public Hearing – Mr. Squires opened the public hearing at 8:10 p.m.; there was no one wishing to speak, and the hearing was closed. The applicant joined via telephone from overseas, apologizing for the miscommunication on the College’s part in having a representative present. He showed pictures of the elevator improvement project. SEQR – None needed – Educational/Institutional routine activities including expansions of less than 10k square feet. Determination ZBAA-23-19 Area Variance Ithaca College, TP 41.-4-30.2 MDR Resolved that this Board grants the appeal of Ithaca College, seeking relief from Town of Ithaca Code Section 270-70 (Height limitations) to be permitted to construct an elevator shaft that measuring almost 58’ feet from the lowest interior grade where 38’ feet is permitted with the following do t l o o p s i g n a t u r e v e r i f i c a t i o n : dt l p . u s / V z o 2 - O m m n - T H w n ZONING ORDINANCE . TOWN OF ITHACA, NEW YORK Effective - - - - - - - - - - - - - -"' 1954 ;~ "' For the purpose of promoting the health, safety, morals, or the general welfare of the community, and to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, under and pursuant to the Laws of the State of New York, the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, are hereby restricted and regulated as hereinafter provided. ARTICLE I SECTION 1. Definitions. For the purpose of this ordinance certain words and terms shall have the following meaning unless the context otherwise requires. 1. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure"; and the word "occupied" includes the words "designed or in- tended to be occupied"; the word "used" includes the words "arranged, designed or intended to be used"; and the word "he" includes "it" and "she". 2.. A "lot" is a parcel of land occupied by one or more principal buildings and the accessory buildings for uses customarily incident to it, including such open spaces as are used in connection with such buildings. . 3. A "lot line" is property boundary line of a lot. 4. The "lot area" shall not include any portion of a public highway right- of-way that may be included within deed description of the lot. 5. A "family'' is any number of persons of recognized family relationship maintaining a common household, including domestic help. 6. A "dwelling" is a building used for habitation by one or more families. 1. A "rooming house" is a building other than a motel or a hotel where more than two {2.) persons are lodged' for hire or where rooms for more than two (2.) persons are offered for hire. 8. A "tourist house" is the same as a rooming house. 9. A "hospital" is an establishment for temporary occupation by the sick or injured for the purpose of medical treatment, but does not include an establish•; ment for permanent occupation by the poor, infirm, incurable or insane. 10. A "nursing or convalescent home" is a building other than a hospital.: .... where persona, except insane, feeble-minded, drug or liquor patient., are lodged, . furnished with meals and nursing care for hire. . .. , • 11. A "front yard" is the required open apace between the street riaht-~!.~~;, ~ '91ay line and the front line of the principal building (exclusive of overbanalna eave~ I and other permissable projections) extended to the side lines of the lot. 12. A "rear yard" is the required open space bet-Neen the rear lot line and the rear line of the principal building (exclusive of overhanging eaves and other permissable projections) extended to the side lines of the lot. 13. A "side yard" is the required open space between the principal building (exclusive of overhanging eaves and other permissable projections) and a side lot line and extending through from the front yard to the rear yard. 14. An "accessory building" is a building subordinate and clearly incidental to the principal building on the same lot and used for purposes customarily inci- dental to those of the principal building. 15. A "non-conforming use" is a use of land existing at the time of enact- ment of this ordinance which does not conform to the zoning regulations of the dis- trict in which it is situated. 16. A "farm" is a plot of land that exceeds one acre and is used for: a. Tillage of land to produce food to be consumed directly or indirectly by humans or domestic animals or fowl. b. Grazing of land and its crops to feed domestic animals or fowl. c. Rearing of poultry in confinement for meat or eggs. ARTICLE II ESTABLISHMENT OF DISTRICTS SECTION 2. Districts. For the purpose of this ordinance the Town of Ithaca is hereby divided into four {4) type.:; of districts as follows: Residence Districts Business Di.: b. icts Industi·i..-.l L'i~tricts Agricult .. u:ll Districts Said district. are set forth on the m~.p accompanying this ordinance, en- titled Zone Map, dated May 1, 1954, ani s:.ened by the Town Clerk. Said map and all explanatory matter thereon is her..:!by m:::.de a part of this ordinance. SECTION 3. District Boundaries. Where uncertainty exists with respect to the exact boundaries of the various districts as shown on the Zone Map, the following rules shall apply: 1. The district boundaries are lot lines unless otherwise shown, and where the designation on the Zone Map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary. Z. Distances shown on the Zone Map are perpendicular or radial distances from street lines measured back to the zone boundary line, which lines, in all cases where distances are given, are parallel to the street line. l. Where the boundary of a district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Ithaca, unless otherwise designated. .. , .. , - 3 - 4. In other cases the boundary line shall be determined by use of the scale on the Zone Map. ARTICLE III RESIDENCE DISTRICTS SECTION 4. Use Regulations. In Residence Districts no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes: 1. Dwelling 2. Church or other place of worship; convent, parish house, Sunday School building. 3. Public:: library or public:: museum; public:: school, parochial school, nur- sery school, school operated by a non-stock corporation under the education laws of the State, any institution of higher learning including dormitory accomodations. 4. Publicly owned park or playground including accessory buildings and improvements. 5. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. 6. Golf course, except a driving range or a miniature golf course operated on a commercial basis, provided that no building shall be nearer than one hundred ( 100) feet from any lot line. · 7. Garden, nursery, or farm, except a hog farm where the principal food is garbage. Usual farm buildings are permitted, provided that. a. Any building in which farm animals are kept shall be at least one hundred (100) feet from any lot line. b. No manure shall be stored within one hundred ( 100) feet of any lot line. 8. Any municipal or public utility purpose approved by the Town Board or duly authorized agent thereof. 9. Rooming houses, tourist houses, fraternity or sorority houses. 10. Hospital or sanitarium for the treatment of human beings, other than the insane, feeble-minded, epileptic, drug or liquor patients, provided that no building so used shall be within one hundred (100) feet of any street or within one hundred and fifty (150) feet of the lot line of any adjoining owner. Nursing or con- valescent homes, but only on special approval of the Board of Appeals. 11. Cemetery and the buildings and structures incident thereto, but only on special approval of the Board of Appeals. 12. A roadside stand for the display and sale of farm products. Any such . stand shall be set back from the highway a sufficient distance to permit off-the- highway parking and in no case shall be nearer than fifteen (15) feet from the right- of-way line. -.. 13. Club or lodge operated by membership organizations for the benefit of their members. 14. Not more than t-wo signs in connection with each of the above uses, pro- vided that such sign shall be on the lot and shall not exceed twelve (12) square feet in area, and further provided that any illumination thereof be so shielded that it illuminates only said sign. 15. Such accessory uses as are customarily incidental to the above uses, subject to the provisions of Section 5 and 6. SECTION 5. Accessory Uses. Permitted accessory uses in Residence Districts shall include the following: 1. The office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect or member of other recognized profession, where such office is a part of the residence building. _ Z. Customary home occupation, such as dressmaking, hairdressing, J.aundering, homecooking, or a manual or mechanical trade, all conducted by a l'esident in the building, provided that no goods or products are publicly displayed or offered for sale, and further provided that no offensive noise, odor, or dust are created. 3. Off-street garage or parking space for the occupants, users, and em- ployees in connection with uses specified under Section 4, but subject to provisions of Section 36. 4. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such building may not be continued for more than one year except upon special approval of the Boar~ of Appeals. 5. Accessory buildings subject to provisions of Section 6. 6. The keeping of domestic animals or fowl in accessory buildings, pro- vided that no such building .shall be nearer than thirty (30) feet to any lot line of any adjoining owner. SECTION 6. Accessory Buildings. In Residence Districts, accessory buildings other than garages may not occupy any required open space other than a rear yard. Any accessory building may occupy not more than forty (40) per cent of any required rear yard and shall be not less than three (3) feet from any side or rear lot line, except that a private garage may be built across a common lot line •ith a party wall by mutual agreement between adjoining property owners. An ac• cessory building on a corner lot shall not be less than five (5) feet from the rear lot line. Accessory buildings shall in no case exceed fifteen (15) feet in height. Where the natural slope of the ground exceeds eight (8) per cent rise or fall direct- ly from the street line, a private garage, not over one story in height and housing not in excess of two cars, may be located in the front yard not leas than five (S) feet from said street line. On a corner lot no accessory building may be nearer the side street line than the required front yard depth on the side street. SECTION 7. Yard Regulations. In Residence Districts, yards of at lea•t the following dimensions are required. Front Yard -Not less than the average depth of the front yards of buildings on lots immediately adjacent. - 5 - Normally the front yard depth shall not be less than twenty-five (25) feet or need it be greater than fifty (50) feet. Rear Yard -Not less than thirty (30) feet in depth. Side Yards -Each not less than ten ( 10) feet in width, e¥c~pt that in one of the side yards, a one-story garage, either attached to the principal building, or separate therefrom, may be 7 feet from a side line which is not a street line. Special yard requirements for specific uses as established by Section 4 are required. SECTION 8. Building Coverage. No building or buildings on a lot, in- cluding accessory buildings, shall be erected, altered, or extended to cover more than 25~ of the lot area. Projections described in Section 33 are not to be included in computing the percentage. SECTION 9. Size of Lot. The average width of a lot in Residence Districts shall be not less than the following schedule: 100 feet where no public sewer and water mains are available. 80 feet where a public water main, but no sewer, is available. 60 feet where both public water main and sewer are available. The minimum depth of lot shall be 150 feet. SECTION 10. Special Properties. In the case of publicly owned properties, properties of Universities, Colleges, cemeteries, or other private institutions, located in Residence Districts, and each such property comprising at least a nor- mal size city block in area and being traversed by interior roads or driveways, the front and side yard requirements of Section 7 shall apply only along the exterior public street frontages and there shall be no rear yard requirement. ARTICLE IV BUSINESS DISTRICTS SECTION 11. Use Regulations. In Business Districts no building shall be erected or extended and no land, or building or part thereof shall be used for other than one or more of the following uses: · · l. Any use permitted by Section 4. 2. Retail store. 3. Auto sales agency. 4. Business or professional office.