HomeMy WebLinkAboutZBA Minutes 1972-11-21 Vic v
=' TOWN OF ITHACA
ZONING BOARD OF APPEALS
November 21 , 1972
A meeting of the Town of Ithaca Zoning Board of Appeals was
held on Tuesday , November 21 , 1972 , at 7 : 30 p . m . in the Town of Ithaca
Offices , 108 East Green Street , Ithaca , New York .
PRESENT : Chairman Powers , Laurene Ripley , Loran Marion ,
Jack Hewett , David Cowan ( Zoning Officer) , Reynolds Metz (Assistant
Zoning Officer) , Nancy Fuller ( Secretary) .
ABSENT : Roger Sovocool ,
ALSO PRESENT : Attorney Walter Wiggins , Mrs . Florence Goldsmith ,
Architect Jerry Happek , Mr . Dick Parker , Attorney Dirk Galbraith , Mrs , Alice
Prosperi , Mr . and Mrs . Leo Davis and an unidentified young lady .
The purpose of this meeting is to discuss proposed alterations
and additions to the Lakeside Nursing Home at 1229 Trumansburg Road , Ithaca ,
New York , 14850 , as shown on site plan dated April 1 , 1972 .
The meeting was called to order by Chairman Powers at 7 : 40 p . m .
PUBLIC HEARING - LAKESIDE NURSING HOME : Mr . Cowan read the
Legal Notice as it appeared in The It aca Journal on November 20 and 2. 1 ,
1972 , as follows :
" Notice of Public Hearing
Zoning Board of Appeals
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 21st day
of November , 1972 , at 7 : 30 p . m . at Town Office , 108 E . Green St . on the
following matters .
Appeal of Lakeside Nursing Home Appellant , Purpose :
Further discussion of roads , parking areas and landscaping at 1229 Trumans -
burg Rd . , Ithaca . "
Mr . Cowan opened the discussion by stating that the Public
Notice was worded in a particular way because of the wishes of the Board
to review some of the details of the project , so rather than citing a
specific section of the Zoning Ordinance a purpose for discussion was
noted as hereinabove written .
Mr . Cowan reviewed the situation to date . He said that the
reason that this meeting was so late is that while the building plans
were dated April . l , 1972 , and the first zoning meeting was held April 5 ,
1972 , these building plans were not available at that meeting , only the
site plan , he did not receive the complete set of building plans for the
construction until October 2.6 , 1972 , after construction had started . The
complete set of building plans had been given to the State of New York
for review . Mr . Cowan further stated that he has not yet been able to
0 issue a building permit .
Mr . Cowan stated that there were certain items which need to
be clarified , one of which is the Affidavit of Service by Mail to those
honing Board of Appeals - 2 - November 21 , 1972.
neighbors adjacent to the Lakeside Nursing Home of the time , date , and
place of the Zoning Board of Appeals meeting held on April 5 , 1972 , to
hear a request for a variance made by the Lakeside Nursing Home . The
Affidavit of Service by Mail attests that the notice was mailed by
Virginia M . Tree on March 31 , 1972 . The Affidavit , Notice and cover
letter are now made a part of the record .
Mr . Cowan continued and said that Mr . Leo Davis will make a
comment later with reference to the Notice . Mr . Davis ' property is
affected by the parking area of the Nursing Home . Mr . Cowan stated that
he had spoken to the Architect on November 20 , 1972 . In his review of
the building plans , Mr . Cowan noted that the plans submitted indicated
certain deletions from the site plan as submitted at the April 5th meeting .
One deletion is plantings . Mr . Cowan stated that the Architect will speak
in a few minutes . Mr . Cowan further stated that the Minutes will show that
Mr . Roger Sovocool raised a question on the width and radii of the entrance
to the property and these changes were not shown on the building plans .
Mr . Cowan stated that he requested this meeting , therefore , to
clarify these questions . He stated that the Minutes of the previous
meeting show Mrs . Prosperi ' s feelings about.. . the expansion and Mr . Walter
Gee ' s feelings ,
Mr . Cowan . stated that it is now left up to the Board to clarify
the problems with the architect and the lawyer .
Mr . Walter Wiggins , Attorney for the Lakeside Nursing Home ,now
addressed the Board of Zoning Appeals . He wished to speak to three questions .
1 . He stated that one of the problems they have faced is
financing , Financing must be done through F . H . A . This should explain the
long gap between the original submission and the time the final building
plans were submitted to the Board . It was very recently that the final
plans were approved by F . H . A .
2 . When the bids came in , they were about $500 , 000 over the
budget . They were re - bid and then the lowest bidder backed out of his
bid . The next lowest bidder was taken . At this point in time , the
contractor , the lawyers and the architect have contributed their fees .
F . H . A . is now willing to close this loan as of next week if this building
permit can be issued . A lot of people have gone along with this project
on good faith . Any delay is costing money .
3 . The plantings were removed from the plans because they are
one of the things that could come out in order to meet the budget and they
are the kind of things that could be put in later . The owners are willing
to proceed with these plantings but they cannot now . There is approximately
$ 270 , 000 less money to work with at present . The bed capacity for the
addition originally proposed was 80 and now it is 180 since the State has
approved the additional 100 beds of health- related care .
Additionally , Mr . Wiggins referred to the driveway and stated
that they are limited by the State of New York to 50 feet . The Board had
wanted to have signs , and blinkers and they would put them in as long the
AP State will permit it .
Mr . Wiggins stated finally that this project has gone from
$ 1 , 000 , 000 to $3 , 000 , 000 .
r
A Zoning Board of Appeals - 3 - November 12 , 1972
Mr . Cowan stated that he had checked the plans and he agreed
that the intersection where the driveway meets the highway must be
Jp regulated by the State . However , the curve is the problem . The initial
cut for the driveway is 50 feet but it then narrows into about 30 feet .
The architect stated that there would be no problem in making the drive
go straignt back .
Chairman Powers recommended that there be an island divider
in the middle of the entrance way to keep cars on their respective side .
of the road . Both Mr . Wiggins and Mr . Happek , the architect , said that
there would be no problem in having an island or divider . They thought
that this was a good recommendation . In this respect it should be noted
that the driveway is heated so there should be no trouble with snow, pile
up .
Chairman Powers stated that Mr . Sovocool who is not here this
evening was very concerned with this problem of entrance and exit . Mr .
Cowan suggested that the island could be one foot wide and fifteen feet
long . The architect suggested that he and Mr . Powers sit down after the
meeting and draw it out . Mr . Powers asked the Board if this was suitable
with them . They agreed .
Mr . Powers then asked if any members of the Board had any
questions about the building itself . . There were none .
Mr . Powers then addressed the Board to the problem of the
parking lot in relation to the lot line.. .. Mr . Powers discussed the lot
line with the Board and with Mr . Wiggins , Mr . Powers stated that there
was an old accepted lot line that was marked by a fence which is still
there but is falling down in several places . This old fence line has
been the acceptable lot line for many years , however , there has now been
a new Survey . The survey shows the lot line 15 feet South of this old
marker line . This cuts off 15 feet from one side of Mr . Davis' property .
Mr . Davis showed his map showing the old line and how the new one looks ,
along with a letter from Dygert Construction , the contractor for the
Lakeside Nursing Home . Mr . Davis ' s map showed his lot to be 120 ' wide ,
but the new Survey shows it to be 1051
.
Mr . Wiggins asked Mr . Davis how this Survey creates a problem
and then perhaps they could solve the problem . Mr . Davis stated that the
problem is that it makes a difference in the placement of the parking lot .
Mr . Powers stated that there is nothing that the Zoning Board
of Appeals can do about the Survey . If Mr . Davis finds fault with it , he
must have another survey done for himself . .
Mr . Wiggins stated that there has been a discussion between
Mr . Davis and Mr . Bill Craw , Superintendent of construction for Dygert
Construction and they have arranged an agreement to allow the line of
the parking lot to be within 25 ,. - feet of Mr . Davis ' s lot line . Mr .
Wiggins said that he thought this should be kept in the record and that
the parties he represents would agree to that .
Mr . Cowan said that when the original plot plan was made the
Board specified an additional 40 feet requirement for the parking lot to
be from the lot line , primarily in consideration of Mr . Davis . And , now
with the enlargement of the project it cannot be 40 feet from the line .
With this revised parking lot and the grades that would have to be
established for it , Mr . Davis would be just as bad off at 40 feet as if
it were 251 , except for the grading and landscaping that has been worked
Zoning Board of Appeals - 4 - November 12 , 1972
out and agreed to between Mr . Davis and Dygert Construction . Further ,
Mr . Cowan stated , that any agreement between Mr . Davis and the Contractor
for Lakeside is none of the business of the Zoning Board ,
Mr . Powers asked Mrs . Prosperi to come to the table and speak
with the Board . He asked her if she had any problems with this parking lot .
Mrs . Prosperi said she had none . Mr . Powers then said that everything seems
to be alright with you , is that correct ? She said Yes , I do not think my
view would be hurt .
MOTION presented by Mr . Jack Hewett :
I move that the Zoning Board of Appeals accept the present site
plan for Lakeside Nursing Home dated April 1 , 1972 , which indicates parking
located within twenty feet ( 20 ' ) from the Davis roperty on the following
conditions that the owner ( Lakeside Nursing Home shall :
1 . Strip and stockpile existing topsoil over the area to be
disturbed ;
2 . Remove and dispose of three ( 3 ) existing fruit trees ;
3 . Fill property to new grades providing smooth transition
with Lakeside Nursing Home property , worked to assure an
approximate two ( 2.) foot slope down from the Davis house
to the Davis rear property line ;
4 . Extend the existing drain the to or beyond the Davis
rear property line ;
5 . Replace and respread topsoil ;
6 . Fine grade and seed the disturbed area in accordance with
approved landscaping practices . The seeding work will be
accomplished during the established planting season of April
1 , through May 15 ,
7 . Furnish and plant , at Mr . Davis ' direction , three six ( 6 )
to eight ( 8 ) foot high pine trees ;
8 . Clean up the property periphery ;
9 . Install plantings in accordance with a landscape plan to
be submitted to and approved by the Board of Zoning Appeals .
In this regard , the owner agrees to invest a sum not to
exceed Five Thousand Dollars ( $5 , 000 . 00 ) for such work .
Said planting to be completed on or before January 1 , 1976 ; and
10 . That the entrance driveway be widened to the maximum amount
allowed by the State of New York and shall include a dividing
island .
The MOTION was seconded by Mr . Loran Marion . A vote was called for
® by Chairman Powers and all members present were in favor . The MOTION was
carried .
Mr . Wiggins asked that the record show that Mr . and Mrs . Davis
were present during the discussion and they concur with the Motion made
by Mr . Hewett . And further , that Mrs . Prosperi was present and was
Zoning Board of Appeals - 5 - November 12 , 1972
consulted concerning the acceptance of the plot plan dated April 1 , 1972 ,
and has given her consent .
MW Mr . Davis was still concerned about the 120 foot depth as
opposed to the 105 feet noted on the survey . Mr . Happek outlined the
background to the official survey as presented . The original survey did
not close so it was re - surveyed by a very reputable firm . The 105 foot
figure must be used . Mr . Powers stated that the parking lot will be
twenty feet from the lot line no matter where it is . Mr . Davis found
this to be acceptable .
Mr . Wiggins asked if the owners now needed a directive from the
Zoning Board of Appeals to the Zoning Officer in order that he issue a
building permit .
Mr . Cowan stated that he was satisfied as far as the Board is
concerned .
Mr . Wiggins stated that he understood that the building permit
will be issued on the conditions that the terms of the Zoning Ordinance
will be met .
The Public Hearing was closed at 10 : 00 p . m . by Chairman Powers .
After discussion , Chairman Powers asked that a letter be written
to ' the Town Board recommending the reappointment of Mr . Jack Hewett to
the Zoning Board of Appeals , term to expire December 31 , 1977 .
Mr . Powers also asked the Zoning Officer to submit a recommendation
to the Town Board that the fee for secretarial services be increased .
Respectfully submitted ,
Nancy M . Fuller .
David Powers , Chairman
Zoning Board of Appeals
� t Tuesday , November 21 , 1972 - -
. 20 ITHACA JOURNAL
' F2dayiBEFORE INE FOR
VERTISING
thru FRIDAY
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publication
and M onday .
10:00 A.M. �` j
2daysllEFORE publication]
„ `f
Legal Notice l
1 TOWN OF ITHACA
Notice of Public Hearing
I Zoning Board of Appeals
Ii By direction of the Chairman of the Zoning;
Board of Appeals notice is hereby given that a'
public hearing will be held by the Zomng.Board of
Appeals under the Zoning Ordinance of the Town
of Ithaca on the 21st day of Nov:, 1972 at 7 :30 p m. i y
at Town Office, 108 E. Green St. on the following
matters.
.Appeal of Lakeside Nursing Home Appellant.
Purpose : Further discussion of roads, parking
areas and landscaping at 1229 Trumansburg Hd'.,
Ithaca.
David W:Cowan- ' -
Zoning officer
Dated Nov. 16, 1972
November 20, 21, 1972 ���j
41!11111111111k MINEW
WIGGINS, TSAPIS, GOLDER AND HOLMBERG
ATTORNEYS AND COUNSELORS AT LAW
308 NORTH TIOGA STREET
WALTER J. WIGGINS ITHACA, N. Y. 14850 TELEPHONE
STANLEY TSAPIS
(AREA CODE 607)
ARTHUR J. GOLDER. JR.
ITHACA AR 3-2040
LAURA H. HOLMBERG
TRU MANSBU RG 357-6361
DAVID S. GERSH November 16 , 1972
JAMES M. KERRIGAN
1
Mr . David Cowan , Zoning Officer
Town of Ithaca
108 East Green Street
Ithaca , New York 14850
Re : Lakeside Nursing Home Zoning Appeal
Dear Mr . Cowan.
I am enclosing a copy , of the Affidavit of Mailing notices for the
April 5 , 1972 hearing concerning a variance for Lakeside Nursing
Home .
You will note that Mr . Leo Davis was sent a copy of the notice
on March 31st .
Very truly yours ,
I O%Vff V
Dirk Galbraith
DK: vt
Enc .
AFFIDAVIT OF SERVICE BY MAIL . .
STATE OF NEW YORK ) SS . :
COUNTY OF TOMPKINS)
Virginia M . Tree , being duly sworn , deposes and says , : that- deponent
rd
is . not a party to the action , is over 21 years of age and resides at 20 . North
i Triphammer . Road , Ithaca , New York .
That on the 31st day of March 1972 '1 deponent served the within Notice . -
upon :
William Hooton , . Jr . Florence Goldsmith
1235 Trumansburg Road 1229 Trumansburg Road
Ithaca , New York Ithaca , New York
IL
. A . E . Monroe Louis and Alice Prosperi
y 1232 Trumansburg Road .1223 Trumansburg . Road
i Ithaca , New York Ithaca , New York
` Betty Richard and
y Ber ggren Leo F . and Carol E . Davis :
119 Williams Glen Road 1221 Trumansburg Road
Ithaca , New York Ithaca , New York
1 Walter F , and .Alice AT . Gee Geo . H . and Gladys Wettin ito .
1224 Trumansburg Road 1220 Trumans.burg Road.
Ithaca , New York , Ithaca , New 'York .
1
Robert P . and Marie Miller
1230' Trumansburg Road
Ithaca , New York
By depositing same enclosed in a postpaid addressed wrapper , in
a post office under the exclusive. care and custody of the United States Poste
II Office Department . within the State of New Y:)rk .
a ,
V:k ginia TO . Tree . '
born to before_ me this
4�
3rd day of April , 1972 , i.
+� 1 otary Public ir
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j4IA�Y zxT. 1n'-?f\;
Vl ; GSi ; s. 7 r'. � e l . L
�i5 . La / �7
GOLDER AND HOL:49ERG
ATTORNEYS AND -
COUNSELORS AT LAW .
?^S NORTH TIOGA STHE'_T 1 � .
1
Ti=ACA. NEVI YORK 14350
1111
t
V . _
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.. -
March ,31 ,. 1972 .
. : PLEASE TAKE NOTICE that on April 5 1972 at 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 fora 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 ,
rlY Florence W_::Goldsin1th
273 - 8072