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HomeMy WebLinkAboutZBA Minutes 1973-10-31 �� � � �- ����� s �� l� � 1 � � � � . ��� i� TOWN OF ITHACA BOARD OF ZONING APPEALS OCTOBER 31 , 1973 A meeting of the Town of Ithaca Board of Zoning Appeals was held on Wednesday , October 31 , 1973 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . PRESENT : . Chairman David Powers , Loran Marion , Roger Sovocool , David Cogan ( Zoning Officer) , Reynolds Metz (Assistant Zoning Officer) , Nancy Fuller (Secretary) . ABSENT : Laurene Ripley , Jack Hewett , ALSO PRESENT : Prof . and Mrs . Robert T . Clausen , Mr , Maurice Marion and Mr . Nash , Contractor , PUBLIC HEARING : APPEAL OF ROBERT T . AND EDNA CLAUSEN , Chairman Powers called the Public Hearing to order at 7 : 40 p . m . Mr . David Cowan read the Notice of Public Hearing as published in The Ithaca Journal on October 27 , 29 and 30 , 19739 Mr , Cowan presented an Affidavit of Posting and Publication of this Public Hearing sworn to by the Town Clerk , Mr . Cowan proceeded to go over the background to this appeal . Professor Clausen lives at 1421 Slaterville Road and has over the years purchased a total of four separate parcels of land . Prof . Clausen lives at parcel #581 - 20 and later purchased parcel #58 1 - 21 . These parcels were both recorded and are shown on the tax map . In 1962 Prof . Clausen purchased two additional parcels , leaving a 501 right of way into the Verne Marion Estate property . Mr . Cowan noted _ that it is customary for the County Clerk ' s Office to notify the County Assessor when parcels change ownership in order that the Assessor can record it and make the changes on the tax maps , In . this case , these two pieces of land were never put on the map . Mr . Cowan noted that this matter has been straightened out and he presented a Notice of Tax Map Revision , dated October 19 , 1973 , indicatinf the location and tax parcel numbers for all four of Prof . Clausen s properties , Mr , Cowan stated that Prof . Clausen wishes to construct a study on tax parcel number 58m1� 33 . 3 which is 65 ' wide, He farther stated that since this land is in an R® 15 zone a. frontage of J_.00e is required . (,Section 16 ) This study will l be one room for US owxl use after retirement , however , to conrforrw. with Section 14 the atudy must be wilt on an angle wrhich ill :interfere with the optimum ). .Lght Mr . Cowan also nested that Prof . Cl ausen ' s ae f gh.bors y the Zichat e )� )_�t,�, f ` parcel number 58 � 1 22) have built a parking area and wall over �_ij.tG the Clausen property encroaching approximately 61 . Professor Cla.u. sel.). " resented p pictures of the Zichatella parking area and wall . A compromise is being worked out between the neighbors in re this encroachment , Town of Ithaca Board of Zoning Appeals Page Two October 31 , 1973 At this time , Prof . Clausen presented a plan showing how J the proposed study could be moved at a slightly increased angle (30) which would then make the side yards 15 ' and 141 . Section 14 requires 15 ' . The study will be 29 ' 4" by 251 . Prof . Clausen presented a Survey Map prepared by Thomas G . Miller of the Clausen lots and dated November 16 , 1969 . Mr . Marion (Maurice ) was not in agreement with some of the figures on said survey in re degrees and minutes . After some discussion it was determined that a typographical error had occurred . Mr . Sovocool asked Prof . Clausen why he had purchased a lot of only 65 ' in 1962 . Mr . Maurice Marion stated that at that time that was all that was left to sell . Prof . Clausen presented his Deed of that sale ,, Mr . Loran Marion asked Prof . Clausen what he would have in this building . Prof . Clausen presented a floor plan . The study would be one room with a closet , a basin and toilet . It would be serviced by water and electricity but not gas . It would contain books and a voluminous amount of papers . Prof . Clausen indicated that he has been very worried about his papers since they are not presently housed in a fireproof structure . The proposed study would be built on a concrete slab of specially treated lumber . Prof . Clausen stated that the study would be more attractive than his garage located on another parcel . Prof . Clausen showed a picture of the site and the proposed placement of the study . Mr . Cowan stated that the problem is the one foot variance . He noted that no one can build in the 50 ° right of way to the Marion property anyway which lies between the original lot and the 65 ' lot in question , Prof . Clausen stated that he wants the study to be as far back from the road as possible for quiet . . In addition , he noted that the study needs to be above the sewer line to provide a gravity flow . There is a lateral provided for a connection on the 65 lot . There is no similar lateral behind the house . He stated that he did not want to put the study behind his house because of the vast number . of special and important plants growing there and also the 65 ' lot has better drainage . Mr . Cowan pointed out again the problem of the 65 ' lot . It is not permissible to build a house on a 65 ' lot in R- 15 , and there is a possibility that at some future date the study could be changed into a . house . Mr . Sovocool pointed out that it must be clearly understood that the proposed study must not be used as a house at any time ,,. �- Mr . Cowan noted that this lot came into being after: the enactment of the Town of Ithaca Zoning Ordinance , Mr . Loran Marion pointed out that at the time of purchase in 1962 the lot was a 65 ' lot and there is no way that it could have been bigger . Prof . Clausen stated that he has talked with the Zichatellas and they have no objection to the study . The Zichatellas desire very L�.. . ., Town of Ithaca Board of Zoning Appeals Page Three October 31 , 1973 much topkeep their wall , however , they realize that it is an encroachment on the Clausen property . Prof . Clausen stated that the Zichatellas had proposed deeding 10 ' of their rear yard to the Clausens if they could keep the parking area and wall . Mr . Sovocool suggested moving the study over in anticipation of getting the 10 ' from the Zichatellas . Mr . Sovocool asked Mr . Maurice Marion if he had any objection . Mr . Maurice Marion stated not really , his . main concern was with the degrees and minutes noted on the survey map . MOTION by Roger Sovocool , seconded by Loran Marion : RESOLVED ; that the Board of Zoning Appeals of the Town of Ithaca grant and hereby does grant a variance to Robert T . and Edna Clausen to allow the erection of a one - room laboratory within 14 ' of the Southeasterly ( Zichatella) line on tax parcel 581 - 33 . 3 , 1423 Slaterville Road , Ithaca , New York . The Chair asked if there were any further discussion . The Board members agreed that the application for building permit should be changed to show the new side yard dimensions . This was done and the application was initialled by Prof . Clausen . There being no further discussion , the Chair called for a vote . Aye - Loran Marion , Roger Sovocool , David Powers . Nay - None . The Motion was carried unanimously . RAPONI BARN TO THE REAR OF 326 - 328 CODDINGTON ROAD PARCEL #42 - 1 - 9 . 2) . Mr . Cowan reported that last year he had notified Mr . Gennaro Raponi that he had received complaints concerning the Raponi barn that is falling down . At that time Mr . Cowan notified the Board that he had sent final notices to Mr . Raponi . Also at that time Mr . Cowan had shown the Board pictures of the barn and they had all ,, agreed that it was in very bad shape . The Board had then suggested that Mr . Raponi be given until November 1st , 1973 , to either repair it or tear it down . Mr . Cowan now showed pictures of the barn as it appears now . Mr . Raponi had done some repairs but it was still in poor condition . The Board suggested that harp Cowan continue to keep his eye on tji.e barn . The meeting was adjourned by the Chair at 9 : 45 p . m . .% Respectfully submitted , Nancy M. Fuller , Secretary . oU-G'►'� David F . Powe ,-S _ rhn i rmn „ (" AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , No Ye I , Edward L . Bergen , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspapers ( The Ithaca Journal ) Notice of Public Hearing of the Town of Ithaca _Zoning Board of Appeals on October 31 , 1973 at 7 ; 30 p . m . to consider the appeal of Robert T . & Edna Clausen , Appellant , from the decision of the Zoning Officer denying permission for building a house ( study ) at 1423 Slaterville Rd . , Ithaca ( permit denied by the Zoning Officer under Art . ec . . b 0 Vie Zull ± iiy Location of sign board used for posting ; Entrance to the Town Offices at 108 E . Green Street ( third floor ) , Ithaca , New York Date of Posting ; October 24 , 1973 Date of Publication ; October 27 , 29 , 30 , 1973 Edward L . Bergen -- - - - ---, . -- Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 3_ ls_t day of October 19 73 HOTAM MkRY f3ENSOr4 � 527oyw Notary Public, State of New York Qualified in Tompkins County My Commission Expires March 31% 19 ? a TOWNOPITRACA NOTICEOP PUBLIC HEARING / = . DQN9+4G BOARD Ol7 APPEALS _ . ..° 1 By direetiori 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 Toning Ordinance The town ! of Ithaca on the 31st day of October, 1973 at 7:36 Wm. in the Town Office, 102 East Green Street, Ithaca, New York on the following matters: Appppeeaal of Robert - T. & Edna Clausen;) Appellant, from the decision of the Zoning Officer denying permission for building a house (study) ':at 1423 Slaterville Rd., Ithaca. permit is denied by the Toning Officer user Art I V Sec. 14 & 10 of; the Zoning Oronaoce . < . ' David W. Cowan ZaningOfficet DaWO 2{ 1973 . ri xs ^Pab91f30i1975 TOWIT OP ITRACA 1�W YORK �. APPEAL to the bBid ' WL Gating CCMtissioner and the Board of Zoning Appeals of the Tawn of ithaoa , New York Having been denied permission to AT ` Ithaoa® ZdsY � as a o:m on the arc© p APPlicacoion an /0Z Plans or other SUPPOrting docments , for the stated reason that the issuanoe Of such Paz ' iV would be in violation of - s � cti�n � ®z the To rm of Ithaca Zoning fr .s : F_'si:i {� yL J . LSI �� �•�' �^ly� ri v t/.? �s RF 7? 5lyl. J •? (T. ZLS in 13 1 Jr3 :9u i?.� the E.a-PP -'' also 3 '-3. Ms thaIG tr s y. s Gs iC u oaJS� :.d il,1 020 PRACTICAL Diit'P s Cul�`� �S Lj •SY-T-'. -.n+t - '-6LYCm> ' _ e c f,gned A 103 r .•c�lz� l � 00 A ma�yy-- Of ' 00 ' l J l�Y/C Cc rL -c—vz 3 //49 -� 46 � � ., J i 17 7,3 lop 00 jai CLAI � 42, / Will- -v l 7 Oil r a me J iiiii.iiiiiiiii.d / ul CG'L'fi of �.. :0l / Iss 0 010 as Off• J ` �,� d 3 "PIP Ole � to d v Z 13N wellow"'s V 41 Ole ate' N — k � � 1 < j O ii case ���1 OVID ' X 1 Y Ott In d 41 O. `fir � � , • • •1 j • , ` C1 : .� It `� . . ' • '• k , �% ; s.` O 1Z --t Colt see Ln I sat 1 . p s► jQ ,. 0 0 1 . �, �r , , ►.I a to Vales t I ►s .-LB-� 1 �� `. P �6� Imo, it? pit r _ - S%elb 0i , `�.. ogq . t 1 `obi t-i. , �. j ; � ; ., I - ' ►�• ► � . Irk . , � °� . - .-:� . . ' • ` � . S®QOM ` 11 O aF tl i� ., sesse r� 0 Is . p 7 . r assess. go 1 p OF Also • ! ` - - - � �, . � ri o � ! �' s.. y 117 +�o O • ° � Pau, ' �... 1 0�• • ;� 1 2 ul PLO � . • CL ;' �a 14x- d l w z f o Ole VOW A9 tress � 1 OI Via- (o 0 J ,� sell Ole Is sell 01,1010" 9.„ ` ^ e .. �a .. :! '• r , .pL,. - - t � e 'er 1 . t .1=. ' ( U \9 t17 5 ` " "".�-''°" . __'-d 0►y' ` .. , .. a ; • . !• . . ILLS 1-' 00 Seethe oc e a a 4t lit NO OPP r 1' ql rt = '8 � AR 1R i �' c,'� C`t° i - 1. � c>'7. c, ' S O 1 '( r (' ?J N MO . C13 .LC1d � 2i 96 � Z ���y�•' vl �```l Its. N 0121 v W lv 1 f TOWN OF ITHACA BOARD OF ZONING APPEALS OCTOBER 319 1973 A meeting of the Town of Ithaca Board of Zoning Appeals was held on Wednesday , October 31 , 1973 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . PRESENT : Chairman David Powers , Loran Marion , Roger Sovocool , David Cowan ( Zoning Officer) , Reynolds Metz (Assistant Zoning Officer) , Nancy Fuller ( Secretary) . ABSENT : Laurene Ripley , Jack Hewett . ALSO PRESENT : Prof . and Mrs . Robert T . Clausen , Mr . Maurice Marion and Mr . Nash , Contractor , PUBLIC HEARING : APPEAL OF ROBERT T . AND EDNA CLAUSEN0 Chairman Powers called the Public. Hearing to order at 7 : 40 p . m . Mr . David Cowan read the Notice of Public Hearing as published in The Ithaca Journal on October 27 , 29 and 30 , 1973 .. Mr . Cowan presented an Affidavit of Posting and Publication of this Public . ' k Hearing sworn . to by the Town Clerk , Mr . Cowan proceeded to go over the background to this appeal . Professor Clausen lives at 1421 Slaterville Road and has over the years purchased a total of four separate parcels of land . Prof . Clausen lives at parcel #58ml - 20 and later purchased parcel #58 = 1 - 21 . These parcels were both recorded and are shown on the tax map . In 1962 Prof . Clausen purchased two additional parcels , . leaving a 50 ' right of way into the Verne Marion Estate property . Mr . Cowan - noted; that it is customary for the County Clerk ' s Office to notify -the County Assessor when parcels change ownership in order that the Assessor can record it and make the changes on the tax maps . In - this ' case , these two pieces of land were never put on the map . Mr . Cowan noted that this matter has been straightened out and he presented a Notice of Tax Map Revision , dated October 19 , 1973 , indicatinf the location and tax parcel numbers . for all four of Prof. Clausen s properties . Mr . Cowan stated that Prof . Clausen wishes to construct a study on tax parcel number 58 - 1 - 33 . 3 which is 65 ' wide . He further stated that since this land is in an *AR 15 zone a frontage of 100 ' is required . ( Section 16 ) This study will be one room for his own use after retirement , however , to conform with Section 14 the study must be built on an angle which will interfere with the optimum light . Mr . Cowan also noted that Prof . Clausen ' s neighbors , the Zichatellas ( parcel number 58 - 1 - 22) have built a parking area and wall over into the Clausen . property encroaching approximately 61 . Professor Clausen presented pictures of the Zichatella parking area and wall. A compromise is being worked out between the neighbors in re this encroachment . Town of Ithaca Board of Zoning Appeals Page Two October 31 , 1973 AdZhk At this time , Prof . Clausen presented a plan showing how the proposed study could be moved at a slightly increased angle ( 30) which would then make the side yards 15 ' and 141 . Section 14 requires 151 . The study will be 29 ' 4 " by 25 ' . Prof . Clausen presented a Survey Map prepared by Thomas G . Miller of the Clausen lots and dated November 16 , 1969 . Mr . Marion (Maurice ) was not in agreement with some of the figures on said survey in re degrees and minutes . After some discussion it was determined that a typographical error had occurred . Mr . Sovocool asked Prof . Clausen why he had purchased a lot of only 65 ' in 1962 . Mr . Maurice Marion stated that at that time that was all that was left to sell . Prof . Clausen presented his Deed of that sale . Mr . Loran Marion asked Prof . Clausen what he would have in this building . Prof . Clausen presented a floor plan . The study would be one room with a closet , a basin and toilet . It would be serviced by water and electricity but not gas . It would contain books and a voluminous amount of papers . Prof . Clausen indicated that he has been very worried about his papers since they are not presently housed in afire - proof structure . The proposed study would be built on a concrete slab of specially treated lumber . Prof . Clausen stated that the study would be more attractive than his garage located on another parcel . Prof . Clausen showed a picture of the site and the proposed placement of the study . Mr . Cowan stated that the problem is the one foot variance . He noted that no one can build in the 50 ' right of way to the Marion property anyway which lies between the original lot and the 65 ' lot in question . Prof . Clausen stated that he wants the study to be as far back from the road as possible for quiet . In addition , he noted that - the study needs to be above the sewer line to provide a ravity flow . There is a lateral provided for a connection on the 65 lot . There is no similar lateral behind the house . He stated that he did not want to put the study behind his house because of the vast number . of special and important plants growing there and also the 65 ' lot has better drainage . Mr . Cowan pointed out again the problem of the 65 ' lot . It is not permissible to build a house on a 65 ' lot in R- 15 , and there is a possibility that at some future date the study could be changed into a . house . Mr . Sovocool pointed out that it must be clearly understood that the proposed study must not be used as a house at any time . Mr . Cowan noted that this lot came into being after the enactment of the Town of Ithaca Zoning Ordinance . Mr . Loran Marion pointed out that at the time of purchase in 1962 the lot was a 65 ' lot and there is no way that it could have been bigger . Prof . Clausen stated that he has talked with the Zichatellas and they have no objection to the study . The Zichatellas desire very i Town of Ithaca Board of Zoning Appeals Page Three October 31 , 1973 much to • keep their wall , however , they realize that it is an encroachment on the Clausen property . Prof . Clausen stated that the Zichatellas had proposed deeding 10 ' of their rear yard to the Clausens if they could keep the parking area and wall . Mr . Sovocool suggested moving the study over in anticipation of getting the 10 ' from the Zichatellas . Mr . Sovocool asked Mr . Maurice Marion if he had any objection . Mr . Maurice Marion stated not really , his . main concern was with the degrees and minutes noted on the survey map . MOTION by Roger Sovocool , seconded by Loran Marion : RESOLVED -, that the Board of Zoning Appeals of the Town of Ithaca grant and hereby does grant a variance to Robert T . and Edna Clausen to allow the erection of a one - room laboratory within 14 ' of the Southeasterly ( Zichatella) line on tax parcel 58 - 1- 33 . 3 , 1423 Slaterville - Road , Ithaca , New York , The Chair asked if there were any further discussion . The Board members agreed that the application for building permit should be changed to show the new side yard dimensions . This was done and the application was initialled by Prof . Clausen . There being no further discussion , the Chair called for a ' vote . Aye - Loran Marion , Roger Sovocool , David Powers . Nay - None . The Motion was carried unanimously . RAPONI BARN TO THE REAR OF 326 - 328 CODDINGTON ROAD ( PARCEL #42- 1 - 9 . 2) 0 Mr . Cowan reported that last year he had notified- Mr . Gennaro Raponi that he had received complaints concerning the Raponi barn that is falling down . At that time Mr . Cowan notified the Board that he had sent final notices to Mr . Raponi . Also at that time , Mr . Cowan had shown the Board pictures of the barn and they had all ., agreed that It was in very bad shape . The Board had then suggested that Mr . Raponi be given until November 1st , 1973 , to either repair it or tear it down . Mr . Cowan now showed pictures of the barn as it appears now . Mr. Raponi had done some repairs but it was still in poor condition . The Board suggested that Mr . Cowan continue to keep his eye on the barn . _The meeting was adjourned by - the Chair at 9 : 45 p . m . Respectfully submitted , Nancy M. Fuller , Secretary . r� David F . Powers , Chairman . AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y . I , Edward L . Bergen , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( The Ithaca Journal ) Notice of Public Hearing of the Town of Ithaca Zoning Board of Appeals on October 31 , 1973 at 7 : 30 p . m . to consider the appeal of Robert T . & Edna Clausen , Appellant , from the decision of the Zoning Officer denying permission for building a house ( study ) at 1423 Slaterville Rd . , Ithaca ( permit denied by the Zoning Officer under Art . IV Sec .W Location of sign board used for posting : Entrance to the Town Offices at 108 E . Green Street ( third floor ) , Ithaca , New York Date of Posting : October 24 , 1973 Date of Publication ; October 27 , 29 , 30 , 1973 Edward L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 31st day of October � 19 73 j NOTARY MARY . BENSON ki. » 52709Uv Notary Public, State of New York Qualified in Tompkins Count' MY Commission Expires Match 30; 19 7 TOWN OFITHACA NOTICE OF PUBLIC HEARING ZONING WARD OF APPEALS " By direction of the Chairman of the Zoning .Board of Appeals, notice is hereby given that ai public hearing will be held by the Zoning Board of A eals under the Zoning Ordinance of the town of Ithaca on the 31st d ay of October, 1973 at 7 :30 p.m. in the Town Office, 108 East Green Street, Ithaca, New York on the following matters : Appeal of Robert T. & Edna Clausen, Appellant, from the decision of the Zoning Officer " decrying permission for building a- house (study) Vat 1423 Slaterville Rd., Ithaca. Permit is denied 1 by the Zoning Officer under Art. I V Sec. 14 & 16 of the ZoningOrdinance . < David W. cowan Zon ing Officer ` 'Dated Oct 24, 1973 . _ _ -- Pu`blish4&i. 27-29-30, 1973 J73 - 713 TOWN Oar ITHACA NEW YORK APPEAL I o the Building Commissioner and the Board of Zoning Appeals of the Town. of Ithaca , Novi York H wing been denied permission to _ AT Ithacan Noyt as -b&wan on the accompa4y ng AppX cation and/ar. plans or , other nu porter ,dab e�ust for the- stated. reason that the issuance Of such permit {-jould' ba in v plep ion of of the Tovm of Ithaca Zoning Ordinance the TMERSIGNED respectfully submits this appeal from °sue...h dermal and , in support of the appeal ,, affirms that strict obsm v^rvarce of the OrdiAance would impose PRACTICAL DIPPICULTIRS and/or UNNEGE' SSARY MRDSHIP, as follovaso Yi.L•'L`SSY^�i .au•-. iSCh:::Af...�^ ... . .. k.:....r.y.. .o-.." ..r3T.W�,.=¢.P_/Y+SFf�`n�'""_"" `44i�."a^v.."1tSl . ,.•wwetn- �_,�r.a _ ... 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