HomeMy WebLinkAboutZBA Minutes 1959-09-08 93
Minutes of Meeting
of
Zoning Board of Appeals of . the Town of Ithaca
September 8 , 1959 •
Cornell University , Applicant .
George Morse , Applicant -.
The meeting of the Zoning Board of Appeals of the
Town of Ithaca was held on September 8 , 1959 at 5 : 30 P . M . in
the Tompkins County Court House in the City of Ithaca , as
advertised in the Ithaca Journal on September 4 , 1959 . Members
present were : William Rolston , chairman ; David Powers ; and
Robert Powers . Others present were : Ben Boynton , Zoning
Officer ; J . L . Rosson ; John Humphreys ; Mr . Reeder -; George
Morse ; and Mr . Moyer .
The chairman called the meeting to order and stated
that the first order of business was to consider a petition
of Cornell University for a request for variance of the zoning
ordinance to build a fence 8 feet high in an . area which restricts
height of fences to . 6 feet ; and is too close ( 5 feet ) to an
adjoining cemetery lot line ; and has less than a 25 foot set -
back . The petition. had. been denied by the Zoning Officer
under Section 4 of the Zoning Ordinance . The premises affected
are on the Mitchell Street Extension , just west of the East
Lawn Cemetery .
Reasons stated in support of the proposed change
were that there would be serious danger if no fence were
built due to the high voltage , and if the letter of the ordi -
nance is observed , wasteful use of tax- exempt real property
would result .
The neighbors in the area have objected to some
extent , due to the commercial appearance of the fence . It
was suggested by Mr . Rolston that ivy be planted to cover
the fence , to which suggestion Mr . Rosson , representing, Cor -
nell University , agreed .
After discussion and upon motion duly made and.
seconded , the board unanimously adopted the following reso -
lution :
WHEREAS , there are practical difficulties involved
if said variance is not granted , since fence must be close
to the road due to the underground loop in the area , and
WHEREAS , the variance applied for is in general
accord with the spirit of the ordinance and public safety
and welfare will be served , and substantial justice will be
done if said variance is granted , since there was little ob -
jection from the neighbors and since the fence is not needed
on a permanent basis , it may be removed , and
WHEREAS , consideration having been given to the
promotion of the health , safety , and morals and general wel .
fare of the community in harmony with the purpose of the or.
dinance , since the research being conducted is concerned with
the use of high voltage cables underground ; and will permit
putting overhead bables underground , alleviating difficulties
of easements for overhe.ad cables , and contributing to safety
of all communities after project evaluation is completed at
the end of four years , be it
RESOLVED , that the said variance applied for be and
is hereby granted subject to planting of shrubs or vines to
conceal the area as much as possible , and be it
FURTHER RESOLVED , that an order to said effect shall .
be entered in the office of the Town Clerk .
The next order of business was to consider a peti .
tion of George Morse for a request for variance of the Zoning
Ordinance to extend his . residence , at 148 Coddington Road ,
in front closer to the. right - of -way than the average setback .
The petition had been denied by the Zoning Officer under
Section 7 of the Zoning Ordinance .
Mr . Morse stated that the reason for the -proposed
change was that additional space is needed in the house ;
and due to the topography of the land , addition cannot be
put at the rear or side of the house .
There were no reasons stated against the proposed
change .
After discussion , the board adopted the following
resolution unanimously , upon motion duly . made and seconded :
WHEREAS , there are practical difficulties involved
if said variance is not granted due ' to the topography of the
land , an addition could not be put at the rear or side of the
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house , and no objections having been raised by the neighbors ,
and
WHEREAS , the said variance applied for is in general
accord with the spirit of the ordinance , the public safety
and welfare will be served , and. substantial justice will be
done if said variance is granted , and
WHEREAS , consideration has been given to the pro -
motion of the health , safety , morals and general welfare of
the community in harmony with the purpose of the ordinance ,
since due to the age and architecture of the house , an im-
provement will be evidenced in appearance of the entire
neighborhood if said addtion is granted , be it
RESOLVED , that the said variance applied for be
and is hereby granted , and an order to said effect shall be
entered in the office of the Town Clerk .
The next order of business was a discussion by the
Board concerning the existence of a sign at the Morse resi -
dence , which is in violation of Section 4 of the Zoning Ordi -
nance . Mr . Boynton , Zoning Officer , proposed to order re -
moval of the sign .
There being no further business , the meeting was
adjourned .
Respectfully submitted ,
Robert N . Powers
Acting Secretary