HomeMy WebLinkAboutZBA Minutes 1972-04-05 TOWN OF ITHACA
ZONING BOARD OF APPEALS
April 5 , 1972
�FA Public Hearing of the Town of Ithaca Zoning Board . of Appeals was held in
the Town of Ithaca Offices , 3rd Floor , 108 East Green Street , Ithaca , New
York , on Wednesday , April 5 , 1972 , at 7 : 30 p . m .
PRESENT : Chairman David Powers
Roger B : Sovocool , Loran Marion , Jack
Hewett , Reynolds Metz (Assistant Zoning Officer ) , and David W .
Cowan ( Zoning Officer ) .
ABSENT : Mrs : • Laurene Ripley. .
ALSO PRESENT : Attorney Walter J . Wiggins , representing Lakeside Nursing
Home ; Mrs . Alice Prosperi , 1223 Trumansburg Road , Ithaca ,
New York , a neighbor of the Lakeside Nursing Home , living
adjacent to the parking lot , Mrs . Florence Goldsmith , owner
of Lakeside Nursing Home ; and Mr . Harold Goldsmith ,
Administrator of the Lakeside Nursing Home , Bud Garrity
from W . H . C . U . Radio and Nancy M . Fuller , Acting - Secretary ,
were also present . %
The Public Hearing was called to order at 7 : 45 p . m . by Chairman Powers ,
and he directed the reading of the Legal Notice as published in The Ithaca
Journal on March 31 , April 3 and April 4 , 1972 . The Zoning Officer , Mr .
David Cowan , read : By direction of the Chairman of the Zoning Board of
Appeals , notice is hereby given that a public hearing will be held by the
Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca ,
on the 5th day of April , 1972 , at 7 : 30 p . m . in the Town Office , 108 East
Green Street , Ithaca , New York , on the following matter : AppealKof Lakeside
Nursing Home , AppellAnt , from the decision of the Zoning Officer denying per -
mission for an extension of the Nursing Home Structure at 1229 Trumansburg
Rd . , Ithaca . Permit is denied by the Zoning Officer under Art . TV Sec . 11
of the Zoning Ordinance ,
Mr . Cowan exhibited the Affidavit of the Town Clerk of publishing and
posting .
Mr . Cowan stated that this Appeal is exactly the same as the prior Appeal
of Lakeside Nursing Home , dated January 28 , 1969 . He read the present
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Appeal , dated March 20 , 1972 , as follows : On January 28 , 1969 , The Board
of Zoning Appeals unanimously granted our appeal to erect an addition to
Lakeside Nursing Home , having found practical difficulties and / or unnecessary
hardship in our case . Reference is made to the attached documents which
were presented in our prior appeal , and which are incorporat6dr.1herein . Since
that time , we have been fortunate in getting State approval for 100 additional
health - related beds . These have been added at the lower ( east ) side of the
site and stepped down with the grade . The revised building plan should
improve the view from the Hooten property through the elimination of the
extension of the existing north wing .
Mr . Walter Wiggins presented to the Board of Zoning Appeals the Notice that
was mailed to the neighbors . Said Notice is hereby attached and made a
part of these Minutes . Mr . Wiggins stated that an Affidavit of Mailing will
be given to the Zoning Officer .
Zoning Officer Cowan asked Mrs . Prosperi if she had any objections whatsoever
to the proposed extension to the Lakeside Nursing Home to accomodate an
additional 100 health - felated beds . Mrs . Prosperi statedia. that she had none .
Mrs . Prosperi was the only neighbor that appeared at this public hearing ,
however , Mr . Wiggins offered in evidence a letter dated April 5 , 19. 72 , and
signed by Mr . Walter Gee of 1224 Trumansburg Road , a neighbor directly
across the street from the Lakeside Nursing Home , which was in favor of
the extension to the Lakeside Nursing Home . A copy of said letter is
attached hereto and made a part of these Minutes .
During the discussion of the proposal which followed , Mr . Powers asked Mr .
Wiggins about the property he thought was owned by Leo Davis that was behind
the location in question . It was agreed that this was not pertinent to this
hearing . Mr . Marion discussed with Mr . Metz the various elevations , in
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particular , the 105 ' elevation shown on the plans . It was clarified that
the elevation that there was a problem with previously does not exist
under the new plans . Previously the view was blocked .
Mr . Sovocool asked questions directly relating to the drains and drainage .
Mr . Wiggins indicated that the grade was very steep . The enlarged parking
lo ,t. will have to have bulkheads . Mr . Wiggins was extremely hopeful of
there being the granting of a storm easement from the Odd Fellows . He
stated that it was reasonable to assume this agreement would be forthcoming
since they granted one under the original application . He stated that
there is fortunately a creek to pick it up . Mr . Wiggins continued to say
that the proposal of January 1969 had included another floor to be added to
the present building . Such is not the case now . The problem that existed
with one of the neighbors does not exist at this time due to the reduced
elevation of the proposed building . The elevations are Building " C " - 114 "
Building " B " - 107 ' , Building "A " - 82 ' . These elevations are now possible
because of the purchase of additional land , thereby rendering the second
floor unnecessary .
For the record , Mr . Wiggins again asked Mrs . Prosperi if she were in fayor
of the extension of the Lakeside Nursing Home . She replied that she was
in favor of such expansion .
Mr . Sovocool was very concerned with the safety factor in connection with
the increased traffic into and out of the Home . He would like to be sure
that some better way of marking the approach to the Lakeside Nursing Home
be found . In addition , he would request an :improvement in the way the
entrance to the Home , such as glowing markersr; or blinking markers .
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He noted that traffic safety control is a major concern of the Town of Ithaca .
Mr . Wiggins agreed and stated that it was not unreasonable to have , as a
condition of the granting of the variance , the stipulation that the approach
be marked , either by a marker or a blinker . This would be located on the
South side of the entrance way .
Mr . Powers also pointed out that a right - angled turn into the premises
was dangerous and requested that the entrance be a gradual angle .
Mr . Cowan indicated to Mr . Wiggins that a Bulletin published by the State
about radii would be most , helpful to him .
Mr . Wiggins agreed that it would be prudent to widen the driveway to permit
safe ingress and egress .
The members of the Zoning Board of Appeals discussed at this time what form
and how broad a new variance should be . The old variance has been outlawed .
A small part of the land comes under R- 15 and would therefore require a
variance , and some of the land comes under R- 30 and would require special
approval of the Zoning ' Board of Appeals .
A MOTION was made by Mr . Roger B . Sovocool and seconded by Mr . Jack Hewett
as follows :
Moved that permission for the proposed use be granted by the granting of a
variance for that portion of the property within the R- 15 Zone District and
by the granting of special approval for that portion of the property within
the R- 30 Zone Distrct . A variance is also granted for that portion of the
building coverage that exceeds 10% of the lot areas within the R- 30 Zone .
As a condition of the granting , the applicant shall widen and clearly
designate the driveway . 1
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A vote was taken and the Motion passed unanimously .
The Hearing was adjourned at 8 : 10 p . m . by Chairman Powers .
Respectfully submitted ,
Nancy M . Fuller , Acting - Secretary .
M
-
arch 311 1972
t
PLEASE TAKE NOTICE that on April 5 , 197 2 a 7 •, 30 p . m . ,
- in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , '
a hearing will be held by the Board of Zoning Appeals for a variance
to permit me ' to extend the Lakeside Nursing Home , located at 1229
Trumansburg Road , in order to accomodate an additional 100 health -
related beds . There is a serious shortage of nursing homes in our
area and we are unable to provide proper care for the elderly and
infirm of our county unless we are permitted to expand our present
facilities .
I sincerely hope that you will support my request for a
. •variance so that we may offer this additional service to our community .
Cordially ,
Florence W; Goldzhiith
273 - 8072
24 IT_ HACA JOURNAL Monday , April 3 , 1972
Legal Notice.
TOWN OF-ITHACA
NOTICE OF PUBLIC HEARING
'ZONING BOARD OF APPEALS
By direction of the Chairman of the Zoning , .
<i. Board of Appeals, notice is hereby given that a 7 - -
public hearing will be held by the Zoning Board of t
' Appeals under the Zoning Ordinance of the Town E
j of Ithaca on the 5th day of April, 1972 at 7:30 p.m.
in the Town Office, 108 East Green Street, Ithaca,
New York on the following matters,
Appeal of Lakeside Nursing Home, Appellant, } ,
from the decision of the Zoning Officer denying
permission for an extension of the Nursing Home
Structure at 1229 Trumansburg Rd. Ithaca. -
Permit is denied by the Zoning Officer under Arta
IV Sec. 11 of the Zoning Ordinance. ! "
David W. Cowan
Zoning Officer I
Dated 3-29-72 -
Published 3-31. 4-3, 4-4, 1972 - ..
April 5 , 1972
To Whom It May Concern :
I , Walter . Gee , am in favor of the expanded addition to the
Lakeside Nursing Home .
I so wish , the Board of Zoning Appeals , to grant a variance
to the Lakeside Nursing Home .
ink
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CER`IRIFICATION
RE : DECISION OF BOARD OF APPEALS OF THE .TOWN OF ITHACA FOLLOWING
A PUBLIC HARING HELD ON MARCH 151 . . 1972 WITH RESPECT TO THE �
. APPLICATION OF R . J . AND G . WRISLEY AND. D . ROBERT GOWIN
CONCERNING 156 INDIAN CREEK ROAD IN THE .TOWN OF ITHACA , N . Y . `
The undersigned DAVID COWAN , Zonin g. Officer of the Town of
Ithaca , hereby certifies. that a copy of the decision in the above
case was filed in the. Offices of the Town Clerk on lurch 17 , 1972 . '
The said Zona. ng Officer . and the undersigned , EDWARD BERGE N .
Town Clerk of the Town of . Ithaca , hereby: certify that no notice of
appeal from the decision of the said Board in the above case has
been filed with either of, then as " �o.f_ the 20th day of April ,, .1972
at o ° clock' (/ . M .
'> r � 1
{ DAVID COWAN i
I
EDWARD BERGEN
i
Dated : April 12 , 1972 .
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