HomeMy WebLinkAboutZBA Minutes 1976-01-14 i
TOT.%J OF ITHACA
ZONING BOARD OF APPEALS
JANUARY 14 , 1976
I® A meetin of
g the Town of Ithaca Zoning Board of Appeals was held
in the Tox*,m of Ithaca Town Ball , 126 East Seneca Street ( second floor ) ,
Ithaca , New York , on Wednesday , January 14 , 1976 , at 7030 p . m .
PRESENT *. Vice -Chairman Jack Hex<,rett , Laurene Ripley , Edward Austen ,
Edward King , Lawrence Fabbroni ( Building Inspector ) .
ALSO PRESENT : rlr . Jon Levy , Mr , To Burr Chase , Mr . Michael Carroll
Mrs , Constance Cook , Mr . Otis Drew ,
Vice -Chairman Hewett opened the Meeting at 7x34 p . m .
APPEAL OF JON LEVY , APPELLANT , FROM THE DECISION OF THE BUILDING I14SPEC A
TOR DENYING PEPUMISSION TO CONSTRUCT A SINGLE FAMILY HOUSE AT 125 VERA
CIRCLE , PARCEL NO , 6 - 28 ® 1 - 34935 ,7 ITHACA , N , Y , PERMISSION IS DENIED ..as7
THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 21 , OF THE ZONING
ORDINANCE ,
Vice -Chairman Hewett declared the Public Hearing in the above - noted
matter duly opened at 7a. 35 pore ,
Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting and
Publication of the notice of Public Hearings in Tonin Pull and the Ithaca
Journal as required . Mr . Fabbroni presented the Secretary ' s Affidavit
i® of Service by hail of said Tice? otof Public Hearings upon the various
neighbours of Mr . Levy and upon the party to the action , Mr , Leve , Mr .
Fabbroni presented the Appeal Form duly completed and signed by Mr .
Levy and dated October 17 , 1975 .
Mr . Fabbroni stated that Pyr . Levy is requesting a side yard vari �
ance in order to position his proposed house on the lot which is in an
R. 30 zone as shown on the application for building permit . The R- 30
zone requires a 40 ' side yard and Plr , Levy wishes to place his house
15 ' from the west lot line , Mr . Fabbroni read the practical difficulties
cited by Mr . Levy on his appeal fora► . " Neighbour to the west ( Drake )
cannot build any other house on their 2 - 1 / 2 acre lot due to septic
requirements . They do not object to my building 15 feet from my western
lot line . The area I wish to build on is the only clearing on the lot .
It is a shame to have to cut down many healthy trees when it is not
necessary . Also , my building where I indicated would provide MAXIMUM
SEPARATION between the houses since my lot is very narrow , "
Mr . Fabbroni indicated the parcel in question on Town of Ithaca
Tax Map No . 28 , revised as of Play 1975 ,
Plr , Levy stated that most of what he wanted to say had been said
by Mr , Fabbroni . He pointed out that the lot meets the building require '
ments of the Toxin of Ithaca in terms of square footage , He stated that
the only draw back. as shown on the proposed plot plan is that the lot
is very long and deep but not very wide . He stated that the topography
�: f the land fits this particular placement of the proposed house . He
noted that there is a stream on the lot . He stated that the request
for variance would be in keeping with the Town Zoning Ordinance by being
in keeping with the maximum separation . Mr . Levy stated that he had
Purchased the land as of this date .
Town of Ithaca Zoning Board of Aqpeals � 2 � January 14 , 1976
Mr . Fabbroni asked if the garage is to be placed under the house .
Mr . Levy said that it is . ear . Levy stated also that the set back is
® about 50 ' from the road .
R2r . King asked if , even ,with the set back of about 50 ' , does this
set back meet the average of the other houses on the street . Mr . Levy
stated that it does . There is only one house on that street ( Vera
Circle ) . Mr . Otis Drew , developer , agreed and stated that the Davenm
port ' s house which he constructed is about 35 ' or 40 ' back from the
road . Mr . Levy noted that there are woods between the house and the
road .
Mr . King asked if there were anv information fror_i -'_ '�e T-Tealth
Department , Mr . Fabbroni stated that the lots in this subdivision
( Drew Subdivqsion ) as approved by the Planning Board are the lots that
the Health Department approved , Mr . Fabbroni said that those lots are
what the Health Department would approve as far as septic fields . He
stated that the Levy ' s lot is weird . because of the requirements of the
Health Department . He said that this part ?. cular subdivision was alnork,
totally dependent on the Health Department approval of the lots . There
are two lots which cannot be built upon because of poor percolation
tests . Mr . Fabbroni said that soil must be brought in before those
could ever be approved and built upon . He noted that if sewers were
ever brought up there , there might be a chance of subdivision of
existing lots .
Mr . Levy said that the Health Department said that the original
® size lot was determined by the sewage needs of that particular type of
soil condition . Mr . King stated that he was suggesting that the
Drakes , neighbor to Levy ' s lot , might change their septic system to
another type that would allow for a lot big enough to subdivide . Pyr .
Levy stated that the Health Department told him that they ( Drake )
already have a sand filter anid that the rest of the lot would not
support any other houses ,
Mr . Otis Drew stated that he has just as much to say about that
( subdivision ) as the Health Department . He stated that he has res -
trictions right in the Deeds . He stated that he approves a house or
any additions that they might put on . He said that they cannot even
put in a dog house without his approval ,
Mr . King asked if the Deed for the Edwin Drake property. restricts
the use of the land to build no more than one house on the lot . rmr .
Drew said that it does so restrict . Mr . King suggested that the Board
require that a copy of the Deed aforementioned be put in the record .
Mr . Drew stated that he could not see that the granting of this
:^ equest for variance would interfere with anyone . Mr . Drew stated
that k4r , Edwin Drake does know about this request because Mr . Drake
called him ( Drew ) on the telephone . Pyr . Drew said that Mr . Drake was
upset over Mr . Levy ' s not getting a building permit in the first place
without having to appeal . Mr . Levy said that the first thing he did
wCas consult with the Drakes . He said that they agreed wholeheartedly
% i. th the proposal . Mr . Drew commented also that the Drakes seem to be
vec -,^l cooperative ,
Mr . King stated that he would feel much more comfortable having
something from the crakes in writing for the record as well as the Deed .
Town of Ithaca Zoning Board of Appeals - 3 - January 14 , 1976
Vice -Chairman Hewett indicated to Mr . Levy that the Board would
like to have something from Edwin Drake in writing . Mr . Levy suggested
that in order to avoid delay , if the Board were to act upon his request
could the Board make such a document a condition of the granting of the
variance .
MOTION by Mr . Edward Ting , seconded by Mrs . Laurene Ripley ,
RESOLVED , that the request on the appeal of Mr . Jon Levy for a
variance to build a dwelling on the lot identified as Tol�tim of Ithaca
Tax Parcel No . 6 - 23 - 1 - 34 . 35 , which is on the north side of Vera Circle ,
with a 15 foot side yard on the west side of the proposed house and
being set back at least 30 feet , be and hereby is granted subject to
receipt of a copy of the Edwin Drake Deed .for the property adjoining on
the west and the Building Inspector ascertaining that the Deed bears a
restriction to the construction of one dwelling only on said Drake lot ,
and , further , that this Board be presented with a statement in writing
from Edwin Drake acknowledging his consent and agreement to the granting
of this variance .
There being no further discussion , the vice -Chairman called for a
vote .
Aye - Hewett , Ripley , Austen , King .
Nay - None .
.The Vice -Chairman 4eclared the MOTION duly carried unanimously .
Vice -Chairman Hewett declared the Public Hearing on the Levy
Appeal duly closed at 8 .000 p . m .
APPEAL OF CHASE ' S ROAD STAND INCL , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING SPECIAL APPROVAL FOR THE OPERATION OF AN
AUCTION SERVICE AT 1308 r1ECKLENBURG ROAD , PARCEL NO . 6 - ?. 8 - 1. x26 . 2 ,
ITHACA , NEW YOF..T; . APPROVAL IS DENIED BY THE BUILDING INSPECTOR UNDER
ARTICLE XIV , SECTION 77 , PAP.AGRAPH 5 , OF THE ZONING ORDINANCE ,
Vice -Chairman Hewett declared the Public 'searing in the above -
noted matter duly opened at 802 am .
Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting and
Publication of the notice of Public Hearings in Town Hall and the Ithaca
Journal as required . I4r . Fabbroni presented the Secretary ' s Affidavit
of Service by nail of said - Notice of Public Hearings upon the various
neighbors of Mr . W . Burr Chase and upon the party to the action , Eddy
Bill , Inc . Mr . Fabbroni presented the Appeal Form duly completed and
signed by Mr . Chase and dated January 1976 ,
Mr . Fabbroni pointed out that the special permit granted by this
Board to Chase ' s Roadstand , Inc . on January 8 , 1975 , for one year has
expired . The Resolution of approval is as follows ,
January 8 , 1975 . " RESOLVED , that the Zoning Board of Appeals of
the Town of Ithaca grant and hereby does grant under the provisions of
, 3 % ction 77 , paragraph 5 , of the Town of Ithaca Zoning Ordinance , special
arooroval to Chase ' s Roadstand , Inc . to operate an auction service for a
period of not more than one year from this date at property on the
Y1ecklenburg Road in the Town of Ithaca , kn own as the Marshall Farm , and
Town of Ithaca Zoning Board of Appeals - 4 - January 14 , 1916
being a part of tax parcel No . 6 - 28 - 1 - 26 . 2 and comprising approximate-
ly 15 acres . The outside storage of auction goods is prohibited . All
parking in connection with an auction shall be off Mecklenburg Road .
Auctions shall be conducted only during the evening hours on . a fre -
quency no greater than one a week and approximately between the hours
of 600 p . m . and 11000 p . m . This approval is subject to - review by this
Board . . The auctioning of livestock is prohibited . The auction service
shall be limited to taking place in a building knoirm as the hatchery
shown on the attached sketch . "
Por . Chase stated that they would like to continue the auction
service if possible . Mr . Chase also pointed out that the correct
address , as far as he knows , is 1319 Mecklenburg Road and not 1308 as
shown in the Town of Ithaca Final Assessment Roll ,
Mor . Hewett asked Mr . Chase hoes the business has been going . Mr .
Chase commented that it was okay - just sort of up and down . Mr .Hewett asked if they have policed it themselves and Mr . Chase said .
that they have . Mr . Chase noted that they just had one instance of
traffic parking on the Road and they took care of that and it has not
re-occurred .
Mrs . Constance Cook , former Assemblywoman , stated that she is
well aware of the difficulty in making ends meet these days . She
stated that she is also aware of the problems of zoning in this Town
having been involved in the writing of the zoning ordinance . She com-
mented that her interest has been the [Nest part of the Town of Ithaca .
She said that she would simply indicate that she is sensitive to the
Hest Hill area and that there are others who are sensitive to that
area . She stated that it is vital that it be developed carefully . She
noted that it has been substantially improved . She said that she could
not complain about the Chase operation because she really did not have
any complaints . She stated that she always reads the legal notices .
She stated that she trusted that the application is for another year .
She commented that she did not know of any objectionable signs . She
said that she would not want to see any expansion of the use . She said
that she assumed that this is a temporary arrangement as opposed to a
permanent granting of such a use . She stated finally that she would
question the right of this Board to do anything other than on a tempo -
rary basis .
Mr . Fabbroni asked Mr . Chase if the canned food market has picked
up at all , He commented that as he recalled it , that was their primary
interest in the land . Mr . Chase stated that due to their financial
situation they have not pushed it - they just cannot . He said that
they eventually want to go in that direction . He said that the canned
food situation is better than it was a year ago .
Mr . King stated that he would want to be assured that any exten-
sion of special approval would stipulate that all parking be off the
highway . Mr . Chase noted again that there was just one night when
they had 400 people there and they got on the road . Mr . King pointed
out that the auctions were to have been conducted only during the
evening hours and asked if they have been so conducted . Mr . Chase said
that they have . Mr . King noted that there were to be no more than one
a week . k1r ; Chase stated that there has been one a week as required
except that there was one week when they got snowed in and they had an
auction on a Tuesday also . Mr . King asked if the auctions have been
held between the hours of 6 : 00 and 11 : 00 A . m . Mr . Chase said that
Town of Ithaca Zoning Board of Appeals - 5 - January 14 , 1976
they have . Mr . King noted that this approval is subject to the review
of the Board . He asked if livestock had been auctioned . Mr . Chase
said no . Mr . ]King asked if the auction service has been conducted in
the building known as the hatchery . Mr . Chase said that it has .
Mr Fabbroni pointed out that the Board will recall that the plan
was to take about five years to get the produce business viable .
Mr , Iiewett stated that it was his opinion that this Board is acting
on a one -year extension of the special permit issued in January of 19750
MOTION by Mr . Jack. Hewett , seconded by Mr . Edward Austen *
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant under the provisions of Section 77 , paragr_ ar'
5 , of the Town of Ithaca Zoning Ordinance , a one -year extension of the
special approval granted to Chase ' s Roadstand , Inc . on January 8 , 1975r
with the same restrictions as cited therein .
There being no further discussion , the Vice �Chairman called for a
vote .
Aye o Hewett , Ripley , Austen , King ,
Nay - None .
The Vice -Chairman declared the MOTION duly carried unanimously .
Vice_Chairman Hewett declared the Public Hearing on the Chase ' s
Roadstand , Inc . Appeal duly closed at 8 * 14 p . m .
ADJOURNMENT
Upon Motion , the Vice - Chairman declared the Meeting of the Zoning
Board of Appeals adjourned at 8 * 15 pert .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Jack D ; Hewett , Vice �Chairman
Zoni ; Board of Appeals
AFFIDAVIT OF SERVICE BY MAIL
v
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 actions , is over 21 years of age
and resides at 316 Turner Placej; Ithaca , N . Y .
That on the 7th day of January , 1976 , deponent served the
within Notice upon :
Virginia I . Clark Charles and Grace Ostrander
301 Woodgate Lane 142 West Haven Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Otis Drew Donald and Genevieve Henry
201 Sheffield Road 140 West Haven Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Peter and Carol Seligman Helen DeGraff
302 Woodgate Lane 122 West Haven Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 414850
Mrs . , Max Drake Heyman , Wassels , Brouwer , Goldsen
1463 MecklenburgtRoad Elm Street Ext ,
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
( Longhouse Cooperative , Inc . )
Robert and Helen. E . Riker , Sr .
Woodgate Lane State and Aurora Inc .
Ithaca , N . Y . 14850 . 138 Prospect Street
Ithaca , N . Y . 14850
Frank and Mary Davenport
120 Vera Circle Radio Ithaca , INc .
Ithaca , N . Y . 14850 317 North Aurora Street
Ithaca , N . Y . 14850
Oscar and Elizabeth Westfall
154 West Haven Road Cecil Shulman and H . Wallace
Ithaca , N . Y . 14850 11811 Avenue of the P . G . A .
Building 6
Eddy Hill , Inc . Lake Park , Florida 33410
1319 Mecklenburg Road
Ithaca , N . Y . 14850
Jon Levy = .
43 Shelter Valley Road
Newfield , N . Y . 14867
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 .
2
Nancy M . F ler
Sworn to before me this
7th day of January , 1976 .
Notary Public
GERTF'. BERG ssN .
Notary Pulu:c, hlew York
No. y :�
Qualified in 'I o.rnplkins CouafY
Term Expires Ma.J.
cil 30, 19
TOWN OF ITHACA -
= .- . ZONING BOARD OF APPEALS
J. .
NOTICE OF PUBLIC HEARINGS
JANUARY 14 , 1976
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 under the Zoning Ordinance of the Town of
Ithaca , on Wednesday , the 14th day of January , 1976 , in the Town
Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the
following times and on the following matters :
7 : 30 P . M . Appeal of Jon Levy , Appellant , from the decision of
the Building Inspector denying permission to construct
a single family house : at - 125 _ Vera Circle , Parcel :_ No.. -
® 6 - 28 - 1 - 34 . 35 , . .Ithaca , N.. Y . Permission is - denied by the. .
Building Inspector under Article V , Section 21 , of the
Zon ng_� Ordlnance � _
8 : 00== P: M _ Appeal,-_ of - : Cliase-!- s _- Road= Starid-; _ Inc;:_, .. Appellant , ' from theme
decision of " the . Building Inspector ddnying -- speciai-
approval for the operation of an auction service at
11041 Mecklenburg Road , Parcel No . 6 - 28 - 1 - 216 . 2 , Ithaca ,
N . Y . Approval is denied by - the Building Inspector under
Article XIV , Section 77 , paragraph 5 , of the Zoning
Ordinance ,
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 : January 7 , 1976
Publish : January 9 , 1976
v. ' 1 4, y .
® Ai FiDAv T OF 'POSTING
TOTrA7 CL'M I S Ov F ICE
IT111ACA , 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 , lsthat the following notice has been duly posted on
the sign board of . - the Town Clerk of the Town of . . Ithaca and that 'che .
Yl. .
notice has . been duly published in the local newspaper : ( Ithaca Journal )
Notice of Public Hearings. 'of Zoning Board of Appeals on January 14 ,
1976 • at .-7 : 30 p . m : to consider appeal of Jon Levy re permission to con -
and ; at • 8 : 0. 0 P-, m . to consider. . appeal of Chase ' s Road Stand , Inc . for
approval` . for the' operation of . an auction . service - at 1308 Mecklenburg '
Road ; . Parcel; ::No 6 - 28 - 1 - 26 : 2 -.
a � Entrance to . Town Offices
A
Location of . sign . . board used for postin .
at l26 E : Seneca ' Street ,. . Ithaca , N . Y .
Da ti: of'. posting : • January 7f 7..¢)-7 6
i� ;, 4 . Of publiCa�io7c ' January 9.:, .' 1976
It
;. LdU; �+ r Bergen
.
�2own Clerk '
Town Of Ithaca'
AS t a It. of New `Lorlt
Cola.xZ �y of Tompkins SS a', c
...
2,ov,In of Ithaca �ijIi fi, TI ,
,; 19 76 . 0
Sworn to before pie this 114th f ^ day of ,If,Januar' .
T1IRY ` ,
PI
( 5f.i
GERTRUI�F H BERGEN' [ j t =r�r{ It ``
r rti , } n 4
Notary "Public, o; ,-Nev4Yorit y
1 . No, 5� i872a .:
r It 1 . I
Qualified m 'Pompkms C 9dI
Ir
^ ' It
1
Term : Expires ; Maic
I d,
IN I
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l
' P TOWN OFITHACA
ZONING BOARD OF APPEALS � .
NOTICE OF PUBLIC HEARINGS . f
JANUARY14, 1976
By direction of the Chairman of the
Zoning Board of Appels, NOTICE IS
HEREBY GIVEN that Public Hearings
will be held by the Zoning Board of Ap-
peals
ppeals under the Zoning Ordinance of the
Town of Ithaca, on Wednesday, the 14th
.day of January, 1976, in the Town Hall,
126 East Seneca Street (second floor)
Ithaca, N .Y., at the following fimesond
onthe following matters:
7:30 p.m. Appeal of Jon Levy, AP-
pellont, from the decision of the Build-
Ing Inspector denying permission to
construct a single family house at -125
. Vera Circle, Parcel No. dens d by
Ithaca, N .Y. Permission is denied by '
the Building Inspector under Article V,
Section2l , Of the Zoning Ordinance.
8:00 P.M. Appeal of Chase's Road
Stand, Inc., Appellant, from the de
vision of the Building Inspector denying
special approval for the operation of an
auction service at 1308 Mecklenburg
Road, Parcel No. 6-28.1-26.2, Ithoca,
N.Y. Approval is denied by the Building
Inspector under Article XIV, Section 77,
f paragraph S. of the Zoning Ordinance.
I Said Board of Appeals will at said
timesand saidplace,hearall personsin
support of such matters or objections
i thereto. Persons may appear by agent
or in person. .
i 'Lawrence P. Fabbroni
-' Buildinglasbector
Town of Ithoco
Dated : Jan. 7, 1976
i Publish : Jan. 9, 1976
SAN � y • 976
TOWN OF. IT
HACA
Mr . Larry . Fabbroni
Town of Ithacw Offices
126 E . Seneca: St' :
Ithaca , NY 14850
Dear Mr . Fabbron =.:
This . is with .regard `to the ' zoning variance granted Jon Levy for erection of a one-
family house a- 1P25 Vera . Circle ,_ to be erected 15 -feet from the boundary of our
property .
This ; will adviseyou- - n .' compliance with the Zoning Board ' s request - -that we have
no objections -t�oi.: _such .- construction . . . ,
Thank . you .
Cordially , L.. _ .
{ ate
Mr`. & Mrs . Edwinz, Drake