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Home My WebLink AboutZBA Minutes 1975-11-05 f �, TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 5 , 1975 A Meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , New York , on Wednesday , November 5 , 1975 , at 7 : 30 p . m . PRESENT : Chairman Peter Francese , Edward King , Laurene Ripley , Jack Hewett , Edward Austen , Lawrence Fabbroni ( Building Inspector ) . ABSENT : None , ALSO PRESENT : William E . Campbell , Willis S . Hilker , Lily K . Pakkala , Gloria E . Weeks , Geoffrey J . Hart , Chris Eaton , Albert S . Lucas , Marifrancys R . Lucas , Wm , J . MacLean , Carolyn . MacLean , Keith G . Thompson , Ruth H . Thompson , Estelle P . Hill , Carolyn Pyhtila , Robert Dick , James S . Ainslie , Shirley H . Ainslie , James Boodley , Nancy Boodley , The Meeting was called to order by the Chairman at 7 : 37 p . m . PUBLIC HEARING : APPEAL OF WILLIS S . HILKER , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RECEIVE A CERTIFICATE OF OCCUPANCY FOR A HOME ILLEGALLY LOCATED DIFFERENT FROM LOCATION PERMITTED AT 213 PENNSYLVANIA AVENUE ( PARCEL NO . 6 - 54 - 5 - 1 ) , ® ITHACA , NEW YORK . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIV , SECTION 76 , AND ARTICLE III , SECTION 7 , OF THE ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 38 p . m . Mr . Fabbroni noted that he did not have a survey map with him , but that the house constructed by Mr . Hilker under Town of Ithaca Building Permit No . 1817 is located 16 ' - 18 ' from Kendall Avenue instead of 30 ' as shown on said permit . Mr . King asked why the house is so located and noted that is has been moved northerly . Mr . . Hilker explained that the original lot was to face Pennsylvania Avenue but that the type of house constructed has two faces , and therefore , faces both Pennsylvania Avenue and Kendall Avenue . He stated that at the time they were laying out the stakes they took note of the fact that they did not want to crowd Mr . Campbell ' s yard , but apparently , in the process they shifted down too far towards Kendall Avenue . Mr . Hilker furthe .-= stated that he really did not know why the house is not in the place on the lot that Mr . Fabbroni and he worked out prior to the issuance of the building permit . Mr . Hilker pointed out that there is an average set - back from Kendall of approximately 19 ' - 20 ' because of the triangular shape of the lot , and that there are 38 ' on the Pennsylvania de ' Mr . Hhilker noted that the house sits more aesthetically on the lot as it is now . He stated that the only place where this particular house is in violation of the side yard requirements of the ordinance is on the Kendall Avenue side . All other side lot lines conform . Zoning Board of Appeals - 2 - November 5 , 1975 Mr . Fabbroni read from Section 62 of the Zoning Ordinance : " Side Yard on Corner Lot . On a corner lot in a ' Residence or Business District , the yard width on the side street shall be at least one -half the required front yard for adjoining properties on the side street , but in no event less than 10 feet . " Mr . Fabbroni stated that no . matter how you look at this lot , at least one of the yard requirements is violated . Mr . Hilker stated that the house has two front yards really . There is a formal entrance on Kendall Ave . and another entrance on Pennsylvania Ave . Mr . Francese explained by way of clarification , that the rear yard in this case is 38 ' which meets the requirements and the side yards are about 25 ' at least which also meet the requirements . Mr . Francese stated that the only thing Mr . Hilker is asking is for an area variance on the front yard on Kendall Avenue going from 25 ' down to 16 ' - 181 . Mr . Francese asked if there were anyone present who wished to speak to the matter before the Board . Mr . William Campbell stated from the floor that he thinks that the house is nicely situated on the lot . He stated that he was concerned at first when he knew that a house was going up next door , but that he is perfectly pleased with ® the results . Mrs . Lily Pakkala stated from the floor that the house is a beautiful addition to the neighborhood . Mr . Fabbroni pointed out that the house also lines up pretty . well with the next door neighbor , Mr . Campbell , Mr . King stated that he felt a little disturbed with this matter . He stated , again , it is a fete accompli . It was made known to the Building Inspector that the house would be in a certain place , and it is not . Mr . Hilker stated that he and his men staked it out and when they measured it from the road they thought it was in compliance and how it got out of compliance he simply did not know . He said that the house has now been sold and at the time of discussion with the bank and the attorney that was when it became clear that it is not in the right place . Mr . King suggested that the Town require a tape check on the foundation placement be done by the builder . Mr . Hilker noted that the banks are now doing this and if a house is not being constructed in the right place a builder cannot make a draw . Mr . King noted that once the foundation is in it is still too late for the Town . Mr . King commented that happily in this case the neighbors like the situation , but what if it were not an acceptable act . Mr . King wondered if the Zoning Board should make a recommendation of some sort to the Town Board . Zoning Board of Appeals - 3 - November 5 , 1975 Mr . Fabbroni commented that it is not uncommon for the Town to do a rough tape check of the finished house and if it is suffi - ciently close then a survey is required . But perhaps a check of foundation earlier in construction would be more advisable . Mr . Francese commented , that this is a very _good idea and was brought up at the time of a development on South Hill , Mr . King asked if there is a requirement for a foundation check . Mr . Fabbroni stated that there is no specific requirement at this time . Mr . Francese was of the opinion that this should be a part of the Town ' s Subdivision Regulations , which he stated he did notC-ddfi` sider to be up to date . Mr . King stated that since the banks are requiring some sort of check then he thought that the Building Inspector should make that a rule for homes right now . Mr . Fabbroni presented the Appeal as published in the Ithaca Journal on October 31 , 1975 , and noted that unfortunately the Town Clerk ' s Affidavit of Posting and Publication of said Appeal had been left on the Secretary ' s desk . Mr . Fabbroni presented for the record the Secretary ' s Affidavit of Service by Mail of the Notice of Public Hearing duly mailed to the adjacent landowners . Mr . Fabbroni presented the Appeal Form signed by Mr . Willis S . Hilker and dated October , 1975 , Mr . King stated that he certified that he saw the Notice of Public Hearing published in the Ithaca Journal on Friday , October 31 , 1975 . There being no further comments from the citizens present nor from the Board , the following Motion was made by Mr . Peter Francese , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant an area variance on property located at 213 Pennsylvania Avenue presently owned by Willis S . Hilker permitting him to obtain a Certificate of Compliance with the Zoning Ordinance of the Town of Ithaca for an existing house located at 213 Pennsylvania Avenue , Parcel No . 6 - 54 - 5 - 1 . This variance pertains only to the yard requirement on . Kendall Avenue . There being no further discussion , the Chair called for a vote . Aye - Francese , King , Ripley , Hewett , Austen . Nay - None . The Chairman declared . the Motion carried unanimously . Mr . Edward King presented an Adjunct Motion which was duly seconded by Mr . Peter Francese , as follows : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca recommend and hereby does recommend to the 'Building Inspector and to the Town Board of the Town of Ithaca that in the future it be a condi - tion of all building permits issued that construction not proceed beyond the point of having the footings in place until the builder has supplied the Town Building Inspector with a survey or a certified tape check indicating the location of the proposed building with respect to lot lines . Zoning Board of- Appeals - 4 - November 5 , 1975 ® There being no further discussion , the Chair called for a vote . ® Aye - Francese , King , Ripley , Hewett , Austen . Nay - None . The Chairman declared the Motion carried unanimously . The Chairman declared the Public Hearing in the Hilker Matter duly closed at 8 : 00 p . m . SETTING OF DATE OF NEXT ZONING BOARD OF 'APPEALS MEETING The Zoning Board of Appeals of the Town of Ithaca will meet on Monday , November 24 , 1975 , to hear a request from Morse Chain for an extension of their permission to use the old P & C building ( Ideman ) for one more year . DISCUSSION OF PETITION TO ZONING BOARD OF APPEALS FROM NEIGHBORS OF DR . GEOFFREY . HART , 63"5 'SHEFFIELD' ROAD . " ' 'J Together~ with the several citizens present as noted in these Minutes , the Board discussed the matter of a Citizen ' s Petition presented in connection with the use of the Hart property at 635 Sheffield Road as a limited time , children ' s boarding home . Mrs . Gloria Weeks of Social Services and Dr . Hart were present at this discussion . A progress report on this matter will be presented at the next meeting of the Board on November 24 , 1975 . ADJOURNMENT The Meeting of the Zoning Board of Appeals was duly adjourned at 9 : 30 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . Peter K . Francese , Chairman Zoning Board of Appeals -N AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . 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 newspaper : ( Ithaca Journal ) Notice of Public Hearing Zoning Board of Appeals on November 5 , 1975 at 7 : 30 p . m . , appeal of Willis S . Hilker , from decisionof Building Inspector denying permission to receive a Certificate of Occupancy for a home illegally located different - from location permitted at 213 Pennsylvania Avenue ; ,( Parcel 54 - 5 - 1 ) , Ithaca , New York . Location of sign board used for posting : Entrance to Town Offices at 126 E . Seneca Street , Ithaca , N . Y . Date of Posting ; October 29 , 1975 Date of Publication ; October 31 , 1975 ` � Edwa . Bergen ^ Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this day of 19 7J NOTARY GE RUDE H. BERGEN Notary Public , St ai New York No. Qualified in To ` �t< '• 1S C rty Term Expires 24 ITHACA JOURNAL Friday , Oct . 31 , 1975 \ Legal Notice Legal r Legal Notice Legal Notice �OTICETOBIDDERS - - �. - ^ 'ds will be - received at the - - d Office of the Tompkins DANBY BOARD OF ZONING AP- - FOR SALE BY SEALED BID Wednesday, the 5th day of November, x185 Trumansburg- PEALS B dings Only ! Must be re oved 1975, in the Town Hall, 126 East Seneca 14850 of 10:00 Please take notice that the Zoning , 'from emises within one v r. All Street ( second floor ), Ithaca, New x-•12 1975 Board of Appeals of the Town of Dan- located Connecticut Hi W.M.A., York, at the following time and on the \v. New York, will hold a public hear- Town of Ne field, Tompki County. following matter : ug for tne ' purpase of considering the -%oeal of Ruby' Monroe of 297 Bald Hill I - Chestnut 9 Cool 7:30 P.M. — Appeal of Willis S. Hilker, Spencer, New York, having been 1 - Chestnut L Ou uilding Appellant, from the decision , of the �Qrm�t to construct a second 1 - Frame Hous Building Inspector denying permission, 7`@ald Hill Rood as the I - Large Barn to receive a Certificate of Occupancy `ne;mit would be in 4 - Small sh s single bid for all for a home illegally located different Lot thbe cry sheds) from location permitted at 213 ^�be conte . Pennsylvania Avenue ( Parcel No. -•,d L. Bids will accented fit 12:00 noon 6 . 54 . 5 - 1 ) , Ithaca , New York . �^o Friday, vember 14, 975. Contact Permission is denied by the Building �� - P. W. Z at , NYS De of® Env. Inspector untler Article XIV, Section I Conser otion,. Cortland, Y. (601) 76, and Article III , Section 7, of the 7S3.111 forinformationandf ms. Zoning Ordinance. ober 24, 25, 27, 28, 29, 30, 310 1 Said Board of Appeals will at said time and said place hear all persons in support of such matter or objections ARD OF ZONING APPEAL thereto. Persons may appear by agent No a is hereby given Pursuan ip or in person. % Sect '30.58; Paragraph Cof the ning Lawrence P. Fabbroni Ordina a of the City of Itha that a Building Inspector Public h ring will be hettl Monday, Town of Ithaca November , 1975 at 7 :30 .m. on the Dated : October .29, 1975 third floor f City I, Common Publish :October 31 , 1975 Council Cha bers consider the _,--- -- - - . fol lowing appea Appeal 1100 — , peal of Omega Tau Sigma of 200 II d , Woy for area ! variance unde ectio .25 Col. 12 in a R - 2 distr ' t -under he Zoning I Ordinanc ofthe Cityof It ca. E ' nJones Deputy Building Com stoner , f OC 4031 , 1975 Zoning icer i NOVEMBER 5, 1975 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING By direction of the Chairman Of .the Zoning Board of Appeals, NOTICE IS I HEREBY GIVEN that 'a Public Hearing will be held by the ZoningBoard of Appeals under the Zoning , Ordinance of the Town of Ithaca on NOVEMBER 5 , 1975 ® TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING 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 Wednesday , the 5th day of November , 1975 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , at the following time, and on the following matter : 7 : 30 P . M . Appeal of Willis S . Hilker , Appellant , from the decision of the Building Inspector denying ® permission to receive a Certificate of Occupancy for -a home illegally located different from location permitted at 213 Pennsylvania Avenue ( Parcel No . 6 - 54 - 5 - 1 ) , Ithaca , New York . Per - mission is denied by the Building Inspector under Article XXV , Section 76 , and Article III , Section 7 , of the Zoning Ordinance , Said Board of Appeals will at said time and said place hear all persons in support of such matter or . objections thereto . Per - sons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca ® Dated : October 29 , 1975 Publish : October 31 , 1975 .r . AFFIDAVIT .OF SERVI.CE. BY MAIL ® STATE OF NEW YORK SS : COUNTY OF TOMPKINS ) Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the action , is over 21 years of age and - resides at 316 Turner Place , Ithaca , New York . That on the 30th day of October , 1975 , deponent served the within Notice upon : William E . and Mary Campbell Burton C . and Alice R . Jacoby 217 Pennsylvania Avenue 116 Pennsylvania Avenue Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Ralph E . . Thorpe Virginia Poole 1686 Slaterville Road 202 Pennsylvania Avenue Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Harry 0 . and Mary E . Swick Robert Meldrum , Jr . 221 Pennsylvania Avenue 204 Pennsylvania Avenue Ithaca , N . Y . 114850 Ithaca , N . Y . 14850 ® Willis S . Hilker- ; " : Vergiu E . Cornea 275 Burns Road 210 Pennsylvania Avenue Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Alfred and . Betty Jean George Earl Brooks . 117 Kendall Avenue 200 Comstock Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Tompkins County - Budget Office G . Tagliavento Court House 216 Pennsylvania Avenue Court and Tioga Streets Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 - Joseph Tagliavento , Jr . Alex , and Lily K . - Pakkala 221 Pennsylvania Avenue 109 Kendall Avenue Ithaca , N . Y . 14850 Ithaca , N . Y . . 14850 Sarah M . Rich ., - 103 Kendall AVenuet . Ithaca , N . Y . 14850 By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the ® United States Post Office Department within the State of New York , Nancy M . Fuller Sworn to before me this 30th day of October , 1975 , GERTRUDE H. BERGEN ® C� Notary Public, St-, to of New York No. 55-5278725 � -� Qualified in Tompkins County Term Expires March 30, 19 Notary Public iT{ Ff, 't) f' ende1'iiF."d pP . ts9dor1 SYR Oe _ - �vGYui[ tl^ : 1R..b:�[ai• •,,L_ .-...v. 'S^ ^YI 1Z%�.•-TV'-�l'-.'.�•_. ��•A, � /� F AVN. '/ fit - 9 - 5 / ' . r Q . : V ns.+e+a.,.-�n-s.-�+en..>wa..nsa•caxa•na..wnna.roaf..vwa.� o•:..s.tsx.+s-..,re..nn+xnw.oeaa...�n.+matrrnoo-_wzcc: •q w ..t. he ... . a. ing ' ra a ..r or c 8. x.. _yt ort: doc = ents , for ph Fi ci e^ P, iT b -i• 1 r" a �.. -.�. � � lF A. �: Ing y 5 � tJ'.° y� `Jt ,� .�` �F 'lZ. .'�' ;� :;.�. . � 4 :� 'iw� r,1F / �/. � i � ;. +, It .�•. '�" � � F y, ' r zuch perm.lt would be n violation of ;K 7 YSifiY.6i�.�'�M54 F1' respectfully submits this appeal frim s 'uach oiupiipor$ of the €app eal c^; ff-irv38s $� '3 i .°3 t2"�. �F �r obs -- s c cY rya.�tc ' c 4hr: OrdirLan- ue would impose IRRAC`P � CAL I3IM1.3TJZ,TIES and/ or li JIMLS` (IB iSA_C Y S-1u4D .J:H1k . as J. lI llouziba w C:yrtiC�IOMR..lHYV.�'LT _ L YT'YC:3Y�. i111T>fPR�Wh:.�tnYJM[L �.Vt:S�o- -A6'R Ynafl.M�JiilO.. naSnY�iWf' \(/VY�MIVM- T�-i9+'®t/ryF $)Y�SJ 4t:WJ / t lkes r :2 AN.at1lw.Z' K22'JNS.lt1Y�.4FiV/4'i:Yti�OT 'm6S1Y[b ^YL �YN'J�' .^'� -'L'.)T.SPII. f��r. StIYL.RS({p or ;.Feel 00� crop �il.fiin9'Ot.GCYP.L�.:f::leawRUGNS�C�R^.iwaLVC�aIs.�•Awy7X 'LI' tlN:Stti9•uILI.CC31Y+4•.E'3.fS1�G.�2YR11'V:Y-f:'m'9wt �!!rYIIIRM1'^61K 6^.M9':. 1�.'lPtld Signed w�y.Y/1�/.IxA1T,2CRi.ill JYIW Gl]S�S:�M1TL�I (R�b61@VWQ'.f�l�y}f1{�Sl�Ip11d r ' TOWN OF 1THACA APPLICATION FOR BUILDING PERMIT Fee : Application Date . ..�5 ® . . $2 .50 - Main Building or Extension � Permit Number ......�..,.�� c�7. ...»; 1 .00 - Accessory Building Date ►X,l�' c .. 5.. Make checks payable to Town of Ithaca Parcel Number-z, .:Q... . . q.. Return application to : .............. ..... Zoning District 11..`../........_...» » Applicata is hereby made tp ( build extend 0, convert Q. .. ......... ....... .............................. ❑ ) a structure or use land at ... . , I .. ... ir.!<'-.h P').t...... . .t�._..e.:... , Rd ., Town of Ithaca, N. Y. Q/ To be used for ....... ..P.J t.��i°a+..t.i�.. ..:................. 010 0 0... ... ............ ............. . .......•---........------ At a cost of .. .... Structure is to be completed on or before . ...A0e.!;J.....»....»1./.... ... ............... ....... »1 19...7..ICY... ..........»..». Owner of land .. .... - ".t.... �... . . ::lz-�c�.,/..... .... ..... Bui r .. .. ... .... . � r....4��.e.. :a 4.1 Land Owner's mailing address .......... . v ��c !h q !'1- �_c_.... c. ._ a-:................... _.... ....... .......................».... If building is being built for a person other than present land owner, show name . ........ _-- .........................:....:........»»... The structurc (s) will be as follows : Square Feet Floor Area : TYPc of construction ... ............iC..Fa� t ?:? _...._....._. Basement ................ 00 ................. - ..._.... ..:.....».»» Number of stories .................... ..:............:.......................»..-.. First Floor .. ......_. 1�.�. ..--..... .... ...... Number of Family Units ..... ................ Second Floor . »_... .........»..........- - .»............_. Pcrcentagc_of Lot to be occupied � Over Second ........................ ....... by all structures ..»........................ .Ctl._....... ».............. Plot Plan on Back of Permit ..v.. or Attached ..........» The required permits have been obtained as follows : Date Issued FROM TOMPKINS COUNTY HEALTH DEPARTMENT Approval of septic system and/or well . . . . . ........... ......................».........».......__........_. FROM TOWN CLERK Strcct .opening (if road must be opened for pipes) .---..».....---•............ . »_ Blasting permit ( if blasting necessary) .........» »._....._...........».................»....»»». . . . . . . . . . . . FROM SUPERVISOR Water Tap ... ........ .............................. .... ..... . District: SewerTap .. . ....... . .. ...................................... District . -- - ...........:...:...:..»..........». ... FROM PROPER HIGHWAY DEPARTMENT Culverts and driveways . . . . . 0 .. FROM TOWN ZONINO OFFICER Multiple residence permit The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and other Laws and Regulations of the Town of Ithaca, New York, o_ r others having jurisdiction, and affirms that all statements and information given herein are correct to the best of his kJnowledge and belief. Date : , 19. 70 Signature of Landowner. Building permit ( ) approved by ... ........................:. ............. Progress of work. Checked on : . ( ) denied under Section .. . .... ..... of . the Zoning Ordinance by Foundation ...... .......... Appeal action : Framing. Dateof appeal ........ .............................................................. Trim ........ - . -•- »...».�_. Date of hearing -- ................:......» ....._ ._........ Completion .............. --•--• .............. • - _.._»_.» Date of advertising . ..I............. ............ ..... ........ Board members notified Order to refill excavation issued on ... . ...... ..... . ....... Order to demolish structure ................................... ................._. issued on $5 . 00 - Appeal, advertising expenses. PLOT FLAN INFORMATION TO BE SHOWN : Dimcnsions of structures.' Dimensions of lot. Namcs of neighbors who bound lot. r Distance of Structures from. Set-back of ncighbors. ? Road, ' v North arrow. Both side lot lines, Strect name and number. Rear of lot. Show existing structures in contrasting lines. �-- V COW away �_ ��x 00 106A )I1q1v � I hereby certify that the structure for which this Permit ( Frill be ) ( has been) issued ( Frill be ) ( has been )built ac— cording to the latest Standards of the New York State Builqingp Cid Signed /'�.%! i ! gyros �a,�_ 6Jl