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HomeMy WebLinkAboutZBA Minutes 1962-06-26 TOWN OF ITHACA ZONING BOARD OF -APPEALS MINUTES JUNE26 , 1962 A meeting of the Town of Ithaca Zoning Board of Appeals was held at the Town Highway Building on Monday , June 26 , 1962 at 8 : 30 P . M . Members of the Board . present were : Constance E . Cook , Robert N . Powers , William B . Norton , and William S . Scott , Jr . Others present were : Robert J . Wells , .Zoning Officer , Supervisor Ben V . Boynton , Marion Morey , Highway Superintendent , Russell Savey , Homer MacNamee , Al Hoefer , Mr . and Mrs . Steve Morris , . Mr . and Mrs . Norm Rollins , Dale Corson , Mary Sproull , Mr . and Mrs . Paul Darsie , Mr . Silsbee , and Mr . Foltm&m . A motion was made by Constance E . Cook and seconded by William B . Norton to appoint Robert Powers as temporary chairman in the absence of Chairman David Powers . asUmanmous , "y carried . The unoffical minutes of the previous hearing were read for the benefit of those who were not present at tthe last meeting . The following were opinions and comments of the neighbors present: Morris - There has been wide and general criticism of Mr . Savey ' s building . This present house has been " the last straw . " Rollins - The lot was not of the required size at the time of purchase , and the purchaser could have controlled the size at that time . Darsie - What will happen with the septic system ? Silsbee - Has a sewage permit been issued on the basis of moving the lot line 20 feet tbo,. the east . Powers - Any action that this Board takes will be subject to the Sanitary Code and a decision from the Health Department on the drain fields . Hoefer 4 What is the actual appeal ? Is it on the lot as it now stands or on one after the lot line has been moved 20 feet . Mr .. Wells reread the appeal . It is for depth only . The average depth is now 138 feet . Rollins ( Mrs . ) - Wasn ' t there mention of a contract between MacNamee and Savey ? MaieNamee - I have kept all contracts ever entered into . Savey - I do not want to present this agreement as evidence . MacNamee - The agreement _ was more a murchase offer . If it had been a contract , I would have been cutting my house in half . Morris - Wasn ' t the buyer aware of the differences between a statement and deed records ? - MacNamee - Distance between the Savey lot line and MacNamee house is about 32 feet . r Cook = Why not sell Savey 13 feet to . give him the required depth ? MacNamee - I have a prospective use for that land and selling would defeat such purpose . Also , there is a possibility of legal action. . That is the time and place for me to express my feelings and expose myself , not before this Board . Article VI , Section -77 was read . Hoefer - legally , everything presented thus far , does not comply with the Zoning Ordinance . Rollins - Why should the public have to pay for Mr . Sayey ' s business error ? Powers - That is the purpose of this Board - to correct errors . MacNamee - The bounding neighbors have expressed no complaints,.. Rollins - Mr . Pasho has made statements which would place him with the majority of the neighbors . The Board left the room to make a decision . A motion was made by ..William Scott and seconded by William B . Norton that Mr . Savey ' s application for a variance be denied . Ayes all . Unanimously carried . Findings of the Board : The Board was unable to find the existence of practical difficulties and unnecessary hardships as defined by law for the following reasons : a')' The situation is not unique since the appellant purchased the property after the effective date of the Zoning Ordinance . b ) The building on the reduced lot would not be in conformity with the general character of the neighboring properties . c ) The smaller lot size would tend to devaluate neighboring properties . 1 77 - Page 2 Zon- ng Board of Appeals Minutes -June 26 , 1962 A motion was made by William Norton and seconded by Robert Powers to approve the mAnutes of the last; meeting . Unanimously carried . The date of the next meeting will be Monday , July 9 , 1962 at 7 : 30 P . M . Hereafter , meetings will be held on the 2nd Monday of each month at 7 : 30 P . M .