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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 c , 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