HomeMy WebLinkAboutZBA Minutes 1974-12-10 TOWN OF- ITHACA
ZONING BOARD OF APPEALS
Y DECEMBER 10 , 1974
A ,re,gular Meeting of the Town . of Ithaca Zoning Board of Appeals
was held in the Town Office , 108 East Green Street , ( third floor ),
Ithaca , N . Y . on , December 10 , 1974 ; at 7 : 30 p . m .
PRESENT : Chairman Peter Francese , Laurene Ripley , Edward Austen ,
Edward King , Jack Hewett , Lawrence Fabbroni ( Building Inspector ) , and
Reynolds Metz ( Assistant Building Inspector ) .
ALSO PRESENT : Dr . , Stanley Scheimberg , Mr . Mario Guidi , Mr .
Don Armstrong , Mr . Robert Hannan , Mr . Norbert Schickel .
The meeting was called to order by the Chair at 7 : 3. 9 p . m .
PUBLIC HEARING APPEAL OF STANL-EY . SCHEIMBERG , APPELLANT , FROM ..THE
DECISION OF BUILDING INSPECTOR DENYING PERMISSION FOR CONSTRUCTION OF
TOWER FOR ANTENNA AT 1345> 'SLATERVILLE , ROAD (PARCELS ' NO : 6 -58 - 1 - 77'and
6 - 58 - 1 - 8 ) .
Mr . Fabbroni presented the - Appeal
ppeal form together with
signed by Dr . "Scheimberg , " and , the Clerk ' s Affidavit of Posting and .
Publication of " this meeting, duly signed by the Town Clerk and notarized .
Mr . Fabbroni stated that the matter before the Board ' is - fairly
simple in that Dr . Scheimberg wishes to erect a 90 ' to to support an
antenna for his ham radio avocation , ° and , . since the matter is not
covered in the Town of Ithaca Zoning Ordinance he is referring it to .
the Board under Article IV , Section 12 . Mr . Fabbroni read a letter
dated December . 9 , 1974 , to the Board from 'Dr . Scheimberg ( see attachment
to Official Minutes of this. Meeting ) .
Mr . Mario Guidi , a . neighbor of Dr . Scheimberg , was
present and
stated that he would like to determine what sort : of structure is proposed .
He stated that his backyard 'and Dr . Scheimberg ' s are adjacent and that
. he did not want to look out his backyard and see a _superstructure
Mr . Francese determined. that Dr . Scheimberg wished . to erect a tower
of approximately 90 ' and then. attach , an antenna to it , Dr . Scheimberg
said that the tower would more accurately be termed a mast which is made
of open steel work . It was " hiso feeling that that higher the mast is the :
less conspicuous it is . Dr . Scheimberg presented a book to the Board
showing . what the mast would look like . It is triangular and about 7 " in
diameter and can be seen through , He said that the antennae are big
three struts about 301 separated by a beam of 25 ' . He noted that the
antenna on the top of the mast would be about double the size of the one
presently located on his roof top .
Mr . : Francese asked ` about the danger of the mast falling over . Dr .
Scheimberg stated that ' the mast will support itself in a wind - up to 100 miles an hour .
Mr . King asked ' how much higher than the peak of - the roof will the
Proposed structure be . _ Dr . Scheimberg said that it would be about 40 '
above the roof peak because it would go behind the house where it would
be. down in a slope . Then you would add to . that about 16 ' for the antenna .
r'' Zoning " Board. of Appeals - 2 December . 10 , 197.4
Mr . ' ' Hewett asked : Mr . Guidi " if ' he has ever experienced any
'
difficulty with his television' set ` reception . Mr . Guidi stated - that : :.
adillkN he had not to his knowledge :
Mr . Francese asked- .- if there is a requirement to light the top , of
" the antenna on the top - of . the mast such .as ` • FAA regulations . " Dr . Sche.im-
burg . said .that ' there were'.:;. no :: such regulations :, but that he had' spoken
about two' little red ' lights ' . on-': the . top .- The. ' lights-: - could . be left off
however . Mr .. Francese asked' . i_ f he - needed to have any Federal licenses .
Dr . Scheimberg .. . stated that " he did ' not . since the ' structure is� under
2001 , Mr . . Francese asked him if he planned to . go ' any higher and Dr . '
Scheimberg stated that he did not • - he only hoped to • go a,§ - high, . as his
present request . Dr . Scheimberg stated that even - a • . flag • po1el is more
conspIpuous since 'it , Is a .: .splid piece of metal and . this mast '. is see _; .
through r He pointed out that • ' a . 50 ! flag pole would ca'use . no problem
in* being accepted ..
Mr . King presented : a tracingtof the tax map ' showing the various
properties in the area including Dr. , Scheimberg ' s and = he asked. that `
Dr . Scheimberg indicate thereon .where the mast would be - on . the site .
He did. so . Mr . Guidi % was worried about - the whole thing falling over
on his house. - He would . like to -have it placed 1161 -- from his~ house. =.
Dr . Scheimberg - .. stated that the imas.t is hinged at,7the,_ base and it would
fall , if it should fa i6 direction of the hinge .: : Mr : . Francese,
I
sked if . it has .a concrete base . Dr : Scheimberg, stated 'that it . did . not - -
that is not • required ;: However , ;Dr . Scheimberg - 'said that he was going to
put in, a concrete base .
Mr : Guidi noted that according to -' Dr, . Schelimberg ' s 1"etter. he has
reached everyplace in the world and he was wondering why he wanted to
put in a higher mast . - Dr . Scheimbe.r.g - agreed . but he noted that - he has
also had many failure.s 'and . he ' .really ' wants to increase his efficiency .`
Mr . Guidi sugges-ted . putting the ,mast - close to :the house and even.• attaching .
it to the house . Dr . Scheimberg ' ,said . that he could not do that because
the mast raises and lowers ' by. block ' ;arid tackle ' to the ground : Dr .
Scheimberg did say. that'' h_ a has considered running ` .the mast up 'through
the middle of the house, •
Mr . King asked 'Dr . 'Scheimberg if he ' knew of . any such towers .in
the area that the Board could see . Dr . Scheimberg- said he was not sure
but there were a few. near WTKO - towers and there was one up in 'Collegetown .
Mr . Guidi stated that he . felt -that . Dr . ' Scheimberg has been- ' doing
a great job with ' his equipment; and that ' he , , did not wish to deny . him the
use . of his radio . . - He '• only . hoped " that• whatever the Board decided . he
would have them make sure -'that " there is no danger to - his 'home 'next door .
He also noted that their homes are : in a sort of rural. , atmosphere and he
did not want to destroy the_ aesthetics .
s
Mr . King suggested ; that .- if the expense would not be too. great ,
Dr. . . Scheimberg could put the mast . .and , antenna up ' on . a trial basis . Dr .
Scheimberg stated that he , would - rather . not put it up at all than wait
for objections to- come along • He repeated that the lower the -mast is
the worse . it would look .
Mr , , Fr: ancese stated . that the matter would be taken under advisement
and closed the Public Hearing . at 8 : 13 p . m .
Zoning . Board of Appeals -3 - December' 1�0 , 1974
PUBLIC HEARING . APPEAL OF , AMY . SUZANNE SOYRING ( REHEARING ). HAV2NG. BEEN
DENIED THE ISSUANCE OF A CERTIFICATE . . OF COMPLIANCE FOR PROPERTY AT
847 TAUGHANNOCK BLVD . (PARCEL NO . 6 - 25 - 2 -- 3.2 )
The, Public Hearing ' on. the . Soyring Matter was opened by `_the Chair
- at 8 : 14 p .m .
Mr . ' Francese pr`esented ' the Clerk ' s Affidavit of Posting and '
Publication , duly . signed and notarized and then read a letter from _
Attorney Tsapis • requesting - an adjournment of the scheduled: Public
Hearing to January 8 , 1 1975 , ; at 7 : 30 - p . m .
. . MOTION by Mr . .Jack Hewett , seconded by Edward . Austen : `
RESOLVED , that the ' Zoning Board of . Appeals of the Town of Ithaca
- adjourn . and hereby does adjourn the Public Hearing on the Soyring - Matter
scheduled for December 10 , 1974 , to January 8 , 1975 , at 7 : 30 pm,,, °
There being no further discussion , the Chair called - for a •vote ,
• . Aye Francese , Ripley , Austen , Ring ., Hewett .
Nay Inno None ,
The ' MOTION wasdeclared to be carried unanimously . "
PUBLIC HEARING : . APPEAL OF KOPPERS , INC . ., APPELLANT , FROM DECISION OF
BUILDI. NG INSPECTORP.DENYING PERMISSION FOR FENCING PROPERTY AND BURYING
SOLVENT` TANK AT . 1251 :VINE STREET ( PARCEL NO . 6 - 59 - 1 =1' ) .
j . r
Chairman Francese 'stated that this is a COritinllatlon' Of the
Public Hearing ' on - the . above Appeal , ,from the' ` Zoning Board of Appeals
Meeting of November 26 , 19 .74 : The adjourned -Public Hearing was r- e - opened
by . the Chair at 8 : 16 p-. m . ' Mr . Francese ' noted that the neighbors . had been
re-notifled of this meeting .. , '
Mr . Norbert : Schickel submitted a' Survey Map .dated Jun. e 2`8 , . 19,,63 ,
prepared by Carle Crandall : Mr . Dom Armstrong of `Koppers also presented
a Survey dated July ` 15 >, . 1968 , '> prepared. by : T . G .- Miller . Mr ." Francese
stated that . both Surveys " appear to `Ibe ` substantially : the same . . '
J k
_ Mr . ' Fabbroni . ` reported that he ' Thad " again . inspected , the • site . with
a view to the 'fill slipping down into the property - which frkonts _ on
Mitchell ` Street .;as ' described • by Mr Schickel . Mrt. Fabbron1 stated that
he : could see about two feet of frtill ' runn ngtover into the properties but
that he did not see the problem that ' .w.as . talked about; at . the last.
meeting . of: the Zoning - Board. Mr' Schickel . felt that the reason .was , that
the filling has taken place over a , gr'eat ,, number of years and has grown
over . He stated again that - there has been extensive fill .
- Mr . Fabbroni then asked. , Mr . Armstrong what the present . •plans are
for the fence line . along Vine . Street : Mr : Armstrong said that _ Koppers
would prefer a straight line fence outside of the trees and on,- the
property line .
- Mr . Francese - suggested that - theBoard -would discuss thefence` �
question first . On. the one side . of the Koppers ' property ` the . fence ,
location appears to be of ` no . particular problem since -. Koppers -. -leases `
Zoning Board of ' Appeals : =4 December . 10 �, ' 1974
. : land from . the ' Railroad and they would put the fence on their ' , property . ,
The driveway is on leased>. property ; -
Mr . Francese asked if. .thel railroad is used : now . : ' ' Mr ` lArmstrong . said
that it " is not used now but. that _ it is ' being rebuilt .
Mr . Schicke l entered his . objectio - and stated that putting the
fence on the leased property would be an expansion ` in itself .
Mr . Francese summed up the general feeling of , the Board- at this
moment . and stated that the, , fence ` would : be an average of 15 ' 4 more , , or : less
east of 'the easterly',%property line' of Koppers following the line of the
retaining wal'1 .
Mr .. Schickel raised the question ' of. . whether the railroad itself
is permitted now . .
Mr . Francese continued ' and stated that on the southeast . corner .
of the .Koppersp ' property boundary the ` proposal is .. to . put in a doiuble: . gate
in the existing driveway and : ,the4 property line would be followed,
".. almost
exactly . Mr . Armstrong: is agreeable to putting the fence ori . the >southerl.y
boundary : f ve . feet - north of the . south boundary of the property extending :
from - the gate at . the railroad tracks westerly to Vine ,'Street . The fence
would be a straight line fe'nce : no closer - than 5 . 1 , from = Mr, .. . Schickel ' s
.property , i . 6o , on tax parcel 5.IL.o
Mr . Schickel stated .. that he was satisfied but ' this proposal .: still
does not remove the •fi1-1, from his •property .
Mr'. Francese. stated that he : personally would ' like to� see".`the fence
_ on the inside of the . trees ' on the West boundary . Mr .. Arms 9 .
because - it would be _ very difficult - to get to the • storm : sewer and 'the man -
hole .
Mr . Schickel :pointed . out -that . the meagre bushes• . were. , put ' there: as
a . committment to the neighbors of . Koppers in an attempt to keepsthem
more, confined . He . :felt that, if the fence goes outside ;of 'the , trees - then
there :is more . expans'ion . . -� Mr . � Francese asked for the . opinion oft other to
11 Board members . '' Mr . - King started that he thought that -, the _- fence , ' ,should be
a east of the tree line . The other Board members felt simillarIy . `
Mr . Fabbroni suggested ' jutting the 'fence out and aroundt,he
manhole . . . Mr . Hannan asked if . they would then be- Gable' to, go . outside • of
the fence to get ' at the storm ; . sewer , ;line and repair ' to I Mr IF abbron I
said they definitely could suite " ' it is on: . :their: , property`:' _
Mr . Frances ' suggested It If fence . running on the Westerly;
side . -of the , prope.rty ', .1• ine could be - exactly . 15 ! east of , ,the property ,
I .Ir • boundary . except . for , one. U.-shaped jog to encloser the, storm - sewer catch
basin within °. . the • fence . : .
Mr . Armstrong, stated .: that he could not go along with- the • 15 ' but
that . he could go along with ,east . of the trees probably . �Mr .., ,Hannan stated
that this action - was initiated by a safety inspector from ` the head :office
in Pittsburgh . I Head Office - ;said that ' the:-- children ; have - .' to ., be " kept out
and ' a fence should be put up . Mr : Schickel . wondered . if Koppers ` can 'meet
OSHA requirements -without the fence .
k.
I.
Mr . Francese. asked if " Koppers ' would be . agreeable • to habing • . . the
it Zoning Board of ' : Appeals It = S December 10 , 1974 . _
fence located at no place within •10 ' of the property line .. . Mr . Armstrong
noted that it would certainly play havoc with the parking - - they '� do use
this land . He said that they might ' be able to agree with 5 ' but not 101
.
Mr . King asked if Mr . , Armstrong - could mark out the fence on the
West side of the property for the :Board " to come up and look . at• and see
just what it might look like . Mr., Armstrong said that he could • do that .
At this . point , there followed a lengthy discussion of the poss -
bility of the Town taking an existing right of way. owned by ; Sch ckel , and
Koppers on the West side ' some time in the future for a town road .- And .
then - there followed a very lengthy discussion of the location . ,'of the
fence on the West side of the property with many . proposals . being " talked
about , e . g . ` , 5 ' , •10 ' , 31 , jogs , • `. property ' line , etc .
Mr . Francese, suggested . . that Mr . Armstrong put some ' numbered stakes
along the Westerly boundary of , :the pro-perty •' showing the proposed': location
of the fence inside the trees so that the members of the Board . , could
look at the ' proposed locution of the . fence ' and - , make , a final determination
at the ' January 8 , 19750p meeting - of "the Board : Mr . Armstrong • agreed : and
,, . stated that he would call the Secretary ..- when the numbered stakes are :, in
place and then " the. Board members will be notified to inspect . the site .
It was noted again that - the proposed fence would be 6 " high chain link ,
i
Mr . Francese stated , that, the Board would now ; look to the question
of • ethe . burying of the tank . 'He noted .. that the proposal is to, bury tank
# 36 north of the driveway whichtis next to the , last tank .
Mr'.- :Austen asked if . this proposal would alter the driveway and Mr . .
Armstrong said that it would not - - it will stay" where it ' is .
Mr• . Schickel stated that he had an . interest in this, ` proposal also
since it Mr .,
to be an expansion of the property to . the . north .
He po.- nted out that if you • ,move the tank to the north someone has to go
up there to it , and , also , by burying the tank you create more useable
ground. He' - was referring . to. `. inten:sif_ication of the use .
Mr . Fabbroni - stated that if it :were agreeable . to the Board to,
bury the tank . north of tank #34 , he did . not : think that the space created
could ' be used . even to park a ' truck :
Vie L :
Mr . Hannan pointed out; - that Koppers really does not -have to bury
the . tank at all - - there . are :no ' requirements to do so . Mk : ' &ing " was. of : •
the . . opinion that more useable Lspace -mi'ght , be created . Mr : Hannan" ,stated •
again that : they are on the fence : on ' this point whether. to bury it ' or not '
they really • thought that , tYie .proposal would be well `received . :` •Mr .
Francese felt that what they ,:were � ,saying was that Koppers are ' really
indifferent at this point to the doing of either • proposal . Mr- . Armstrong
and Mr . Hannan stated 'that • Koppers - can operate either with the fence-or
without it and with the tank buried or not buried . Mr . Francese pointed
out that -the• " Town . would certainly like to see . a fence installed and from
a . safety standpoint he ' felt . the neighbors would also ; .
Mr . King , asked if, the . product . stored in "this tank is more
flammable than in other - tanks .' -on 'the property . Mr . Armstrong stated that •
it is kerosene solvent and highly flammable . There are other tanks
containing gasoline but, . : they are buried already . Mr . King asked what the
L . . size of the tank is• tM 10 , -000. gallons .
L . Mr . - Schi.ckel stated. that ,he would raise the following objections to ;
:Zoning Board of Appeals ` - 6 Dec ember' + l0 , 1974
moving the tank ( 1 ) - object .:to burying it unless ' there are firm .
- .guarantees as to the ., volume : Of , materials and numbers of tr.ucks . . so as
to . not intensify the use ; ( 2 ) object to burying - it- -farther north
- because . trucks have to come . farther north . In; ' Summary, Mr . Schickel .
objected-to any movement -whatsoever .
Mr . King stated ' that the Board is, of , • the understanding that
Koppers would . not . put another - - surface tank in - the place. of Tank ,# 3 ;6 .
Mr : Armstrong . stated' that that has been. stated several times by' =' both -
him and Mr .. Hannan ,
Mr . Francese declared , .that this Publc' . Hea'ring would . be adjourned
so . that ' the Board could .di•scuss ' the matter is Executive Session : , .' , The
Executive . Session began ; at : 9 : 17 = p . m , , .. and at 9 : 30 the Public Hearing was
L .reopened . '
MOTION by - Mr . 4Edward King , seconded by Mr . Peter Francese
RESOLVED , '. that,., the , Zonng Board ' . of Appeals of the Town; of . Ithaca ; ;
approve and hereby does approve the application '. of - - Koppers,;, Inc . : for
permission to erect a, six foot ( 6 ' . ) high chain link fence around : their:
property , known as Town of " Ithaca : . Tax- Parcel ' No . 59 - 1 = 1 . :` 'The , fence `.'
along the Easterly - part . of2the . property to be withn ' the Railroad right
Of 'way, and approximately., : along ' the Tine of the' existing , retaining wal_1
and parallel to the railroad . tracks . with a gate at the . Southea'st corner ,:
and . thence the ' fence , -to _ extend Westerly within , said . , Koppers ! property , , ,
` 'five feet (� 5 ' ) North= - of . the . North line. of Town -of - Ithaca Tax .- Parcels -. . :
Nos . 59'= 1 - 2 and 59 - 1 - 3 , i , ev North of ' the property of Sch ckel and ,
North of the other - parcel ; owned by Koppers , Inc . , and 'thence . the lfence
to L extend. along . the .Vine . Street side , i . e . , . the Westerly . side , :of• : the
said Kopper' s pr" operty ' and ', ; to be located Easterly of - th e line ' of the
existing . , trees and to ::. extend Westerly around . the . storm . sewer:. catch basin . .
and from there Northerly=., the fence : to . ` be located ,as : this Board shall
approve . The applicant to . ; stake out the proposed . - location of . the ' ` fence
by - a series of numbered stakes for the Board ' s ; viewing a'nd ` that the. -`Board
shall . agree , upon,,. the ; precise ' location at a special meeting Las _ ?soon as
possible afterY the• stakes , are set and viewed , and = .thence the fencet : .a' long
pi r
the North side of : said ' Koppers !-: ' . property to .. be located approximately_
sixty feet . . ( 60 ' ) South of the North apex of. ' the ' property , and
BE - IT FURTHER RESOLVED;,, : that said Zoning '., Bdard . . of Appeals of said
„ Town of Ithaca. authorize --sand . hereby does' . authorize Koppers , - . Inc . _ _ to '
bury the 10. , 000 gallon kerosene ' solvent ; tank designated . as # 36 . on .;.tYe
sketch ' annexed to, their � I etter. of April 20 , : 19 .67 •: ; Said - tank - to be ,
buried North of and , . aboutr,. adjacent to - the North side of the existing;
driveway which runs ;,. between . Tank # 34 , and Building # 35 , on said --sketch-and
said tank to be ' buried upon the7understanding that no. other surface tank
or structure will beerected; ;in the present . location of Tank # 36 .
o
Finding's ` of' Fact;- T h
• i • 1 4 I"^ Y....
.r . .
1 : Tha t. then 2 ed: fens- hg would • n ot ' intensify . tHe .`non
corif'ormngry use , but ,; in fact ,: would likely :restr;ict it "from further.. ` .
expansion . ,
. . 2 . That it is in the . 'interests of public " safety ' and' welfare Ir
that L the fence -lie erected
i.'
3 . That ' it , is . n . the interests of , public safety and welfare
that the tank of . - flammable : materal4 be . buried .
Zoning Board of Appeals - 7 - December 1 .0 , 1974
There being no further -discussion ,. the Chair - called - fdr ' a vote .
: Aye Francese ; Ripley " Austen , . Kirig , Hewett ,
Nay None ,
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing to be closed at .
91. 40 p . m .
EXECUTIVE . SESSION SCHEIMBERG APPEAL
An Executive Session was declared by the Chairman at 9 : 41 p . m .
: on . the Appeal of Dr . Stanley ' Scheimberg .
. ' PUBLIC HEARING : APPEAL OF ,STANLEY SCHEIMBERG `
At 10 : 00 p . m . , Chairman; Francese reopened the Public . - Hearing on
the. Scheimberg appeal . . _' Y
MOTION by' Mr . ' Peter. Fr,ancese , seconded by Edward Austen : .14
It t .4 .
RESOLVED , that the Zoning ' Board of Appeals of the Town of. ' Ithaca 1 .
grant and . hereby does gran tepermiss ,ion to Dr . Stanley Scheimberg to
erect` a radio mast against the.. Westerly side ( rear ) of his ' -home . 1•ocated
at 1345 • Slaterville .Road ( Parcels . No . 6 - 58 - 1- 7 and. 6 - 58 - 1 - 8 ) .w,ith the .
- height to tthe top of the - mast not to : exceed forty feet ( 40 ' ) above the -
peak of the roof . It is . . .understood that the reception and transmission
antennae may be erected up to twenty -feet ( 201 ) above the top •-of the -
mast .. The Zoning Board'- of Appeals "feels that a ' free= standing : structure
ninety 'feet ( 90 ' ) high would aesthetically 'detract ' from the neighborhood .
There . being no further discussion:, . the ' Chair . ca-lled fora vote .
Aye - Francese , Ripley , Austen , . King , ' Hewett .
Nay None . :
The MOTION was 'declared , to be carried unanimously .
_ Chairman Francese declared. the Public Hearing' ' .to be closed at
10 : 10 ' p . m .
ADJOURNMENT
Upon Motion , , the meeting was adjourned at 10 : 12 p . m .
Respectfully submitted ,
Nancy M . Fuller , .- Secretary . . .
Peter K . -Yrance `se. , Chairman
Zoning Board of Appeals
Town of Ithaca
Pt
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 : ( Ithaca ,journal )
Public Hearing of Zoning Board of Appeals on December 10 , 1974 at Town
Offices , 108 E . Green Street , Ithaca ; New YorK , ( tnira oor to
consider ( at 7 : 30 P . M . ) appeal of Stanley Scheimberg from denial to
construct tower for -a nnaat i34b blatervtTle - 7
and 58 - 1 - 8 ) ; and at 7 : 45 P . M . appeal of Amy Suzanne Soyring from decision
denying issuance or Cer i ica e -or Compliance ce
of the Town of Ithaca for property at 847 Taughannock Blvd ( Parcel 25 - 2 - 32 ) .
Location of sign board used for posting : Entrance to Town Offices at
108 E . Green Street ( third floor ) , Ithaca , New York
Date of Posting : Dec . 2 , 5 , 6 and 7 , 1974
Date of Publication : Dec . 2 ,, 51 6 , and 7 , 1974
Edward Bergen /
Town Clerk
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca
Sworn to before me this 10th day of December , 19 74 .
NOTARY
JOSEPH A. RUNDLE
Notary Public, State of New York
No. 554507134
Qualified in Tompkins Corm!
Term Expires Burch 30, 19_'+11.5
Legal Notice
j TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
By direction of the Chairman of the Zoning Board of
,, Appeals, NOTICE IS , HEREBY GIVEN that Public
Hearings will be field by the Zoning Board of Appeals
of the Town of Ithaca under the Zoning Ordinance of
the Town of Ithaca on th 10th day of December, 1974, in .
the Town Office, 108 East Green-Street, (third floor),
Ithaca, New York; at the following times and on the
. followingmatters:.
7:30 P.M. Appeal of Stanley. Scheimberg, Appellant,
from the decision of the Building Inspector denying
j permission for construction of tower for antenna at
1345 Slaterville Road (Parcel Nos. 6-584-7 - and
`6.58-1.8),. Ithaca, New York. Permit is denied by the
Building Inspector under Article IV, Section 12,,of the
Zoning Ordinance.
' 7:45 P.NC Appeal of Amy Suzanne Soyring, Appellant,
from the decision of the Building Inspector denying the
issuance of Certificate of Compliance with the Zoning .
Ordinance of the Town of Ithaca for property at 847
Taughannock Blvd. ( Parcel No. 6-25-2-32), Ithaca, New
7 York. Certificate of Compliance is denied by the Build-
ing Inspector under Art. IV., Sections 11 and 16, and -
` Art. Vl, Section 25.
If
Said Board of Appeals will at said times and said
place hear all persons in support of such matters or ob
jeclions thereto. Persons may appear-by agent or in
person.
Laurence P. Fabbrom
Building Inspector
Town of Ithaca . r .
Dec. 2, 1974 k
Dec. 5, 6, and 7, 1974
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
By direction of the Chairman of the Zoning Board of Appeals ,
NOTICE IS HEREBY GIVEN that Public Hearings will be held by the
Zoning Board of Appeals of the Town of Ithaca under the Zoning
Ordinance of the Town of Ithaca on the 10th day of December , 1974 ,
in the Town Office , 108 East Green Street , . ( third floor) , Ithaca ,
New York , at the following times and on the following matters :
7 : 30 P . M . Appeal of Stanley Scheimberg , Appellant , from the decision .
of the Building Inspector denying permission for construction
of tower for antenna at -1345= SlaterviIle • ` Road. : ( Parcel - Nos . :_
6 - 58 - 1 - 7 and 6 - 58 -1 - 8 ) 0 Ithaca , New York . Permit is denied
by the Building Inspector under. Article IV , Section 12 , of
the Zoning Ordinance ..: -
7 : 4S P . M . Appeal - of Amy Suzanne . Soyring;- , Appellant , from the decision::,� y-
of the . Building Inspector denying- the : issuance of Certificate . .. . '
of Compliance with the Zoning Ordinance of the Town of Ithaca ,:,
for property at 847 Taughannock Blvd . ( Parcel No . 6 - 25 - 2 - 32 ) , ; F _ >
-
Ithaca , _ New York . . .Certificate of Compliance is denied. by
the Building Inspector under Art . IV , Sections 11 and 16 and
Art . VI , Section 25 ...
Said Board of Appeals will at said times and said place hear all , . `
persons in support of such matters or objections thereto . Persons may,
appear by agent or in person .
Lawrence P . Fabbroni
Building Inspector
Town of Ithaca
Dated : December 21 1974
Publish : December 5 , 6 , and 7 , 19740
WIGGINS, TSAPIS,_ HOLMBERG AND GERSH
ATTORNEYS AND ' COUNSELORS AT LAW
308 NORTH TIOGA STREET
WALTER J. WIGGINS • • TELEPHONE -
STANLEY TSAPIS ITHACA, N. Y. 14850
LAURA H. HOLMBERG I (AREA CODE 607) .
DAVID - B. GERSH ITHACA AR 3-2040
December-- 10 , 1974
Town of Ithaca
108 East Green ' Street
Ithaca , ' Flew York 14850
Re : Soyring Zoning _Appeal
Gentlemen :
= Attached please find our request for a hearing and
our request for . an adjournment to January 8 , 1975 at 7 : 30 . .
P . M .
Re spec ' fu ly ,
•k : r
a e Tsapis .:
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WIGGINS, TSAPISI HOLMBERG AND GERSH
ATTORNEYS AND COUNSELORS AT LAW
308 NORTH TIOGA STREET
WALTER J. WIGGINH I'I'I-jA `(.�� N. Y. 14850 TELEPHONE
STANLEY TSAPIS
LAURA H. HOLMBERO
(AREA CODE 6071
DAVID B. GERSH - ITHACA AR 3-2040
December 10 , 1974
Town of Ithaca
108 East Green Street
Ithaca , New York 14850
Re : Soyring Zoning Appeal
Gentlemen :
Pursuant to a written . re nest for a rehearin
q g' in this ,. , ...
matter made to Mr . Francese by letter dated November 21 ,
1974 , a copy of which is attached , and the action of the , -
Board granting the request for a rehearing , . I do hereby
respectfully request that this matter be put on the calendar
for . , a hearing on December 10 , 19740
Respect ly submitted ,
r'
S a Tsapis
ST : nhp
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WIGGINS, TSAPIS, HOLMBERG AND GERSH
ATTORNEYS AND COUNSELORS AT LAW
308 NORTH TIOGA STREET
WALTER J. WIGGINS TELEPHONE
ITHACA. N. Y: 14850
STANLEY TSAPIS -
(AREA CODE 607)
LAURA H. HOLMBERG _
ITHACA AR 3-2040
DAVID B. GERSH
DIRK A. GALSRAITH
WILLIAM S. SELDIN - December 3 , 1 974
Mr . Peter Francese
Chairman , Board of Zoning Appeals
Town of Ithaca
108 . E . Green Street
Ithaca , New York 14850 .
Re : Soyring
Dear Peter .
I was gratified " to receive your message that the Board
would rehear the Soyring appeal . I certainly appreciate the con -
sideration of the Board in this matter . -
I am hereby . requesting that the matter be adjourned to
your next meeting in December . Because of the burden of other
matters in my office , I am inadequately prepared - to present the
case on December 10th . The following Tuesday would be fine with
me , _ or any other Tuesday in December with the exception of
Christmas week .
Thanking you in advance for your kind cooperation and
patience , I remain
Very truly yours ,
S ANLEY TSAPIS
ST : mp
Cc . Edward Bergen , Town Clerk
Edward W . King , Esq .
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. , " _. . . ,,, -, it y,j _ - , ::I ell Feet 11" F- ' z - _. - .. _ . . . .
" ` ' , As you' hays . probably . 1 earner! by no t , our , application to ' appeal' .
the . . decislon of.' the Board �aaie an Ju1y. . 1.7 , 1974 , �ras _ dlsrisse� by the ` `
. IToWkIns County. Supreme Court : The grounds for . the dl _s�issa] _were.;, that
J we ; dil not take the eppeal thdrty days ; from the dale ` of its fitlrig " on `
11 -
Ju1y 19 , 197 : T,?at. rasa mistake which- w s aay responsibility . .ell
ire importantly , , it denias Airs . Soyring . the opportunity : to have her
te- I app$a1 heard by the .�ourt and decided on the merits . : . „ u
-
There is a procedure under Section _ Z07 of ..- the Town Law , IF
=. s 4 , Sibciivislon 6 ; rhid� permlts a rehearing ' of the appeal, by your Board
Feel' to reconsider Its decision made on July 17 ,. ,: 1974 , based upon , tsh . pre-
� . " _ sentation made at = t;� at Lira�s ' arid Lhe presentation made previously :` if F ,ell
the Board makes `. the same-: & clsion it did on July 17 , ' 197? , see would :
.then be in a ' position to, take . the ::ratter , to Supreme ., .Court to be s3ecided ,: ;; -11
. . .
on ` the merits . 1t : is also possible that `.upon presentation of 1•urthII I . IF IF I
facts , L:hat the Board may ,reconsider Ut3' . ariginal decision: _1 .
_ As 1 'understand ;~1t ' . there is a .Veting to be : held by ti�� Board
crs �ssesday , acv @tuber 25th , 1. at whici: t 'sr . 1 . ;vr�: ald . re5pact �t �rl ly .. a'ggiies2
er, S :
T that a rmtion = be considered. by your Board -to rehear this matter . Cr IF.� ell
I If r-I
.. . :F IF I Thanking you adyas�ce for your consideration ; ' ' ! rwrgsatn' '
1. _ - _ __ - _ -
Yery ts-uiy : yours , .
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th*3 UYND'_• 'RST, %'3 QED rec4pectfull,y submits this appeal. fram : ueb
denial and , in a u 'pppo ^t of -h.e. appeal ., aMIL. ns that st .rixoNt obi -A
e :rva ae of she Ordix:. ar.cg, WOU.a Im osse RACT1CAL DIFFICULTIES
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S .i fined
l Z 19 74 (, Stan �y Scheimberg , j
•.l aeetrt:«a,.uRx+cuvr�F.•ee�•.ei'� S>xeawcxva Sm's .ma.�aws -^c19s..aa..aw.....4�,......`....x_......t- a #aR....�. ......J.•�:+ c•
PHONE : 272 - 2610
DR . STANLEY SCHEIMBERS
PODIATRIST
207 NORTH GENEVA STREET
ITHACA,, NEW YORK
December 9 , 1974
Town of Ithaca
108 E . Green St .
Ithaca , N . Y . 14850
Dear Sirs :
For the past twenty years I have operated an
amatuer radio station at my present address . The
location presents many problems . It sets in a hollow
between the hills in the direction of Coddington Rd .
and those in the direction of Honness Lane . The slope
of the land from the front of the. house to the rear
must be at least 8 feet drop for every 25 feet . In
the rear of the house there stands a 70 foot tree and
along one side is a row of tall willow trees that
further hindersthe proper propagation of radio waves .
To help solve this problem I would Flke to erect
a tower , or more accurately , a mast 90 feet high upon
which to mount my antennas . In the past they have
been mounted on the roof of my home where they were
far more conspicuous than they will be in the rear of
the house and far above eye level .
Please consider the following facts that I believe
justify an exception or variance be granted to Section
12 , Article 4 of the Town of Ithaca zoning ordinance .
Civic service is an integral part of amatuer radio .
In the United States there are over 2009000 , licensed
amatuer radio operators , including such illustrious
figures as senator Barry Goldwater , General Lemay ,
Arthur Godfrey and scores of others . We operate an
organized and intricate network in support of such
orginazations as The Red Cross , Civil Dfense and the
Armed Services .
We provide a radio — telephone system for our
overseas personnel enabling them to speak to loved ones
at home . I have personally run radio " phone patches "
between men stationed at the South Pole and family in
the United States , for sailors at sea , for soldiers
stationed in Korea , Guam , Japan , Viet Nam and other
far off bases .
s
r.
PHoN6: 272 - 2610
DR , STANLEY SCHEIMBERS
PODIATRIST
207 NORTH GENEVA STREET
ITHACA, NEW YORK
I have provided contacts for missionaries in remote
Africa and deep in the heart of the Amazon with family
and friends . During the earthquakes in Alaska , Peru
and Costa Rica , -rthe floods in the Corning —Elmira area ,
and the hurricane in Zenia , Ohio , I operated into the
wee hours of the night maintaining radio communication
with amatuers in the distressed areas often when
power failures permitted no other means of communication .
This was the case during the Alaska quake when I was
In direct contact with amatuers who operated from
their automobiles utilzing battery power . For the f
first few hours amatuer radio was the only contact with
the outside world .
I am a member of MARCO ( Medical Amatuer Radio Corp .
LMT . ) . This Is an international organization , composed
of 500 doctors and missionaries , all licensed amatuers ,
fortthe purpose of giving medical information via radio .
We are able to call on specialists in every field of
medicine and provide direct or relayed adviste to remote
areas all over the world . It has meant the difference
between life and death in securing vaccines , serums
and other life saving drugs and arranging quick
delivery where needed .
The better my equipment , the better I can continue
to serve . My motives are not all altruistic - I derive
great satisfaction from my hobby .
Your permission to raise my tower would not only
solve my problem , but will many times in the future
help ease the burden of some person somewhere in this
world .
Respectfully submitted ,
Dr . S . `. Sche imberg ,
WIGGINS, TSAPIS, HOLMBERG AND GERSH
ATTORNEYS AND COUNSELORS AT LAW
308 NORTH TIOGA STREET
WALTER J. WIGGING ITHACA� N. Y. �4HSO TELEPHONE
STANLEY TSAPIS
L (AREA CODE 6071
AURA H. HOLMBERG - ITHACA AR 3.2040
DAVID B. GERSH
December- 10 , 1974
Town of Ithaca
108 East Green . Street •
Ithaca , New York 148, 50 -
Re : Soyring Zoning Appeal
Gentlemen :
Attached please find our request for a hearing and
our request for an adjournment to January 8 , 1975 at 7 : 30
P . M .
RVaeTsapils f ly ,
ST : nhp
Encs .
WIGGINS, TSAPIS, HOLMBERG AND GERSH
ATTORNEYS AND COUNSELORS AT LAW
° 308 NORTH TIOGA STREET
- WALTER J. WIGGINS TELEPHONE
STANLEY TSAPIG ITHACA, N. Y. 14850
LAURA H. HOLMBERG (AREA CODE 607)
•
DAVID B. GER3H 1THACA AR 3-2040
� - '
December 10 , 1974
Town of Ithaca
108 East Green Street
Ithaca , New York 14850
Re : Soyring Zoning Appeal
Gentlemen :
Pursuant to a . written request , for a rehearing ' in this
matter made to Mr . Francese by letter dated November 21 ,
1974 , a copy of which is attached , and the action of the '
Board granting the request for a rehearing , . I do hereby
respectfully request that this matter be put on the . calendar
for .. a hearing on December 10 , 197.4 .
Respect ly submitted ,
l -
5 a Tsapis
ST : nhp
l
NG cnvironmenia € uemopment t, o . iwu Fairview Sq . , Ithaca , N . Y. 14850/Tel . 607 272. 3420
527 E. Loveland Ave., Loveland, O. 45140/Tel. 513 683- 1152
AMkk December 3 , 1974
Mr . Larry Fabbroni
Town Engineer
Town Office
108 Es Green Street
Ithaca , N. Y . 14850
Dear Mr . Fabbroni :
Enclosed please find a survey by Carl Crandall , C . E . .dated June 28 , 1963
showing the boundaries of our property which adjoins Koppers Company Inc .
This is the map which I promised at the public hearing to provide .
It is our position that they should remove the fill which they have placed on
our Mitchell Street lots over the years to - enlarge their useable area at a
higher - level. If a fence is to be erected on the boundary line , I would sug -
gest that the fill be removed and a suitable retaining . wall be built on their
property, as well as the fence . It might be well if the fence were also to go
down along the east line of our property to define the driveway and keep their
trucks off our property.
We object to anything which intensifies the use of the north end of their pro -
perty , this area has been fairly dormant in the past few years and adjoins
residential property, and even with its present use , for all practical purposes ,
destroys the usefulness of the adjoining property for the residential purposes
for which it is zoned .
The fence along Vine Street should definitely be to the east of the hedge plant -
ings , as those were a commitment to the neighborhood in years past to help
make this unsightly operation less burdensome to the neighborhood .
We would like to renew our offer to convey our strip of Vine Street from Mit -
chell to Worth Street to the Town for a road if Koppers ' would be willing to
convey a parallel strip to make the proper 50 foot right - of - way . This would
resolve a long standing problem in the neighborhood .
Mr . Fabbroni - 2 - 12 / 3 / 74
We object to the burial of the 10 , 000 gallon tank, as the history of the oper -
ation there convinces us that it will result in an intensification of this non -
conforming use , as it will provide additional ground available for truck
movements and they always seem to be trying to get more ground one way or
another . Perhaps if there was a firm written commitment on the maximum
number and size of trucks to use this facility and we were assured that the
north end of the property would not be more intensively used , the tank burial
could be done in a way that the neighborhood could have some assurance that
the non - conforming use was not being expanded to the detriment of the neighbor -
hood .
Sincerely,
Norbert H. Schickel , Jr , -
NHS / slc
AOL Enc .
BE IT KNOWN THAT Notices of Public Hearing were duly mailed to the
following neighbors in re the Zoning Board of Appeals Meeting of
December 10 , 1974 - - see attached Notice of Public Hearings .
1 . Scheimberg Matter :
a . Aaron and Sara Pines
1341 Slaterville Road
Ithaca , N . Y . 14850
b . Mario Guidi
1351 Slaterville Road
Ithaca , N . Y . - 14850
c . Mario and Margaret Guidi
1353 Slaterville Road
Ithaca , N . Y . 14850
d . Robert Dingman , Superintendent of Public Works
City of Ithaca
108 East Green Street
Ithaca , N . Y . 14850
2 . Soyring Matter :
a . Saino Zazzara
853 Taughannock Blvd .
Ithaca , N . Y . 14850
b . Thomas M . Reese
841 Taughannock Blvd ,
Ithaca , N . Y . 14850
BE IT FURTHER KNOWN THAT Notices of said Meeting were also mailed to :
1 . Dr . Stanley Scheimberg
1345 Slaterville Road
Ithaca , N . Y . 14850
2 . Amy Suzanne Soyring
433 Bostwick Road
Ithaca , N . Y . 14850
3 . Stanley Tsapis , Esq .
308 North Tioga Street
Ithaca , N . Y . 14850
Said Mailing having been performed by Nancy M . Fuller , Secretary , Zoning
Board of Appeals , on December 3 , 19749
Dated : December 3 , 1974
Zoning Board of Appeals Meeting - December 10 , 1974 :
BE IT KNOWN THAT Agendae were mailed to the following neighbors in
re the continuation of the Koppers Appeal ,
1 . Fairview Mannor Realty Co .
423 Oak Avenue
Ithaca , N . Y . 14850
2 . Thomas A . and Therese F . Marchell
128 Glenside Road
Ithaca , N . Y . 14850
3 . Bert Swarthout
806 Mitchell Street
Ithaca , N . Y . 14850
4 . W . Larry and Sara Jane Hymes
120 Vine Street
Ithaca , N . Y . 14850
5 . Russell C . and Hester Hamilton
124 Vine Street
Ithaca , N . Y . 14850
6 . Thomas R . and Connie A . McCarthy
410 Worth Street
Ithaca , N . Y . 14850
7 . Cornell University
Ithaca , N . Y . 14850
BE IT FURTHER KNOWN THAT a copy of the Agenda was duly mailed to
Mr . Don Armstrong , Plant Superintendent , Koppers Inc . , 125 Vine Street ,
Ithaca , N . Y . 148500
Said Mailing having been performed by Nancy M . Fuller , Secretary , Zoning
Board of Appeals , on December 3 , 1974 .
Dated : December 3 , 1974 �, Z��c , 222, � .C�