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HomeMy WebLinkAboutZBA Minutes 1977-01-05 TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 5 , 1977 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 , N . Y . , on Wednesday , January 5 , 1977 , at 7 : 30 p . m . PRESENT : Chairman Peter Francese , Edward N . Austen , Edward W . King , Jack D . Hewett , Laurene Ripley , Lawrence P . Fabbroni ( Building Inspector ) . ALSO PRESENT : Richard Blatchley , Douglas Armstrong , Mrs . G . Waldemer Degner , Chairman Francese called the meeting to order at 7 : 37 p . m . APPEAL OF RICHARD BLATCHLEY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO SUBDIVIDE A LOT FROM A LARGER PARCEL , SUCH SMALLER LOT BEING SMALLER THAN THE MINIMUM REQUIRED IN R- 15 DISTRICT , AT 131 HONNESS LANE , ITHACA , N . Y . , TAX PARCEL NO , 6 - 58 - 2 - 39 . 2 . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 16 , AND ARTICLE XIV , SECTION 74 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 38 p . m . , and accepted for the record the Town ® Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on December 28 and December 31 , 1976 , respectively , together with the Secretary ' s Affidavit of Ser - vice by Mail of said Notice upon the neighbors and the party on December 29 , 1976 . The Appeal Form signed by Richard K . Blatchley , dated January 4 , 1977 , reading as follows , was also entered into the record . " . . . Having been denied permission to subdivide a lot from a larger parcel , such smaller lot being smaller than the minimum required in R- 15 district at 131 Honness Lane ( Tax Parcel 6 - 58 - 2 - 39 . 2 ) . . . in viola - tion of Sections 16 , 74 of the Town of Ithaca Zoning Ordinance . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Henry Shirey errored when describing lot due to a proposed road planned by Town of Ithaca making one lot 85 on front 200 ' depth and 124 on other end - Original there were 5 lots of equal size before June 20th 1969 ( sgd . ) Richard K . Blatchley " Mr . Blatchley presented a Map dated April 18 , 1960 , drawn by Kenneth L . Jones , showing six lots along Honness Lane and showing that the lot in question was originally of 100 ' frontage on Honness Lane . Mr . Fabbroni described the background of this matter and the Planning Board meeting held on January 4 , 1977 . He stated that Lots 1 and 2 were approved by the Planning Board ; the subdivision was approved excluding Lot 3 ; Lot 3 will be included upon the approval of a variance by the Zoning Board of Appeals . Mr . Fabbroni stated that the Planning Board stated that it was time for the Town Board to review this matter of the existing proposed road on the highway master plan and either keep that road in or remove Zoning Board of Appeals - 2 - January 5 , 1977 it . Mr . Fabbroni noted that any decision that this Board makes on ® this lot will still be subject to any decision by the Town Board on this proposed road . Mr . Francese asked to hear the Motions from the Planning Board , The Secretary read as follows from the Minutes of the Town of Ithaca Planning Board meeting of January 4 , 1977 : " PUBLIC HEARING : CONSIDERATION OF FINAL APPROVAL OF BLATCHLEY SUBDI - VISION , HONNESS LANE , ITHACA , N . Y . , TAX PARCEL 6 - 58 - 2 - 39 . 2 . MOTION by Mr . Frank Paolangeli , seconded by Mr . Jonathan Bradley : RESOLVED , that the Planning Board of the Town of Ithaca approve and hereby does approve as building lots those lots shown on the updated Blatchley Subdivision Plan dated April 7 , 1969 , and presented January 41 1977 , and indicated by the numbers 111 " and 112 " on said plan , such lots being located on Honness Lane . There being no further discussion , the Chair called for a vote . Aye - Bradley , Aron , May , Reece , Paolangeli . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Montgomery May , seconded by Mr . Henry Aron : RESOLVED , that the Planning Board of the Town of Ithaca g rant and hereby does grant final subdivision approval to the Blatchley Subdivi - sion off Honness Lane and Slaterville Road as shown on map dated April 7 , 1969 , updated and presented to said Planning Board on January 4 , 1977 , such approval excluding Lot 113 " shown on said updated map , and further that such approval is contingent upon the two 50 ' access roads from Honness Lane and Slaterville Road indicated on siad map , and further subject to the approval from the Town Board of the Town of Ithaca for removal of the existing proposed road on the Town of Ithaca Highway Master Plan , such proposed road running through said Blatchley Subdivision . There being no further discussion , the Chair called for a vote . Aye - Bradley , Aron , May , Reece , Paolangeli . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Henry Aron , seconded by Mr . Frank Paolangeli : RESOLVED , that Lot " 3 " shown on the updated Blatchley Subdivision Map dated April 7 , 1969 , and presented to the Town Planning Board on January 4 , 1977 , shall be included in the said Blatchley Subdivision heretofore granted final subdivision approval upon the granting of approval by the Town Zoning Board of Appeals of said Lot " 311 . There being no further discussion , the Chair called for a vote . Aye - Bradley , Aron , May , Reece , Paolangeli . Nay - None . Zoning Board of Appeals - 3 - January 5 , 1977 The MOTION was declared to be carried unanimously . " Mrs . Degner asked where the existing proposed road is located on the map . Mr . Francese stated that it is shown next to the Bredbenner property , 141 Honness Lane . Mr . Douglas Armstrong stated that he has no problems with this matter . Mr . King asked if this were the matter that was presented to the Planning Board . Mr . Fabbroni replied that it was . Mr . Blatchley stated that Bolton Point water and City sewer are available to the lots . Mr . King asked what the frontage is of Lot # 3 . Mr . Fabbroni replied 85 ' and containing just over 14 , 000 sq . ft . Mr . Francese asked why the lot is 85 ' x 175 ' ? Mr . Blatchley replied that Bredbenner .had a lot and sold to Chase in 1969 - - the lot was 100 x 175 - - the deed showed 115 ' x 1751 . The house was built at that time . The proposed road got the whole thing mixed up . Mr . King asked if Mr . Blatchley had accepted a purchase offer for Lot # 3 ? Mr . Blatchley said he had not . Mr . King asked about Lot # 1 . Mr . Blatchley stated that he had received an offer and accepted the offer for Lot # 1 . Mr . Francese asked if any member of the Zoning Board felt that this lot should not be approved . Mr . King stated that he felt that the Town Board should act first on the roadway matter . Mr . King asked where the Bredbenner house is located in relation to the proposed Lot # 3 ? Mr . Blatchley replied that it is located at least 30 ' from the proposed lot line . A lengthy discussion followed in regard to the proposed roadway . Mr . Francese stated that nothing can be built on this lot until the Town Board has resolved the question of the road . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca approve and hereby does approve the Appeal of Mr . Richard Blatchley to vary the lot size requirements of the R- 15 District under the Town of Ithaca Zoning Ordinance for Lot # 3 as shown on map entitled , " Blatchley Subdivision " , dated April 7 , 1969 , and presented to this Board on January 5 , 1977 . This approval is contingent upon the Town Board of the Town of Ithaca moving the location of the proposed by - pass road as shown on Town of Ithaca Highway Master Plan Map , as revised September 1970 . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , King , Hewett , Ripley . Nay - None . The MOTION was declared to be carried unanimously . Zoning Board of Appeals - 4 - January 5 , 1977 The Chair declared the matter of the Appeal of Richard Blatchley duly closed . ADJOURNMENT Upon Motion , the Chair declared the January 5 , 1977 , meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned . Respectfully submitted , Nancy M . Fuller , Secretary . Peter Francese , Ch r--man Zoning Board of Appeals TOWN OF ITHACA ZONING BOARD OF APPEALS r NOTICE OF PUBLIC HEARING PdEDNESDAY , JANUARY 5 , 1977 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 , January 5 , 1977 , in the Town Hall , 126 East Seneca Street ( second - floor ) , Ithaca , N . Y . , at the following time and on the following matter : 7 . 30 P . M . Appeal of Richard Blatchley , Appellant , from the decision of the Building Inspector denying permission to subdivide a lot from a larger parcel , such smaller lot being smaller than the minimum required in R- 15 district , at 131 Honness Lane , Ithaca , N . Y . , Tax Parcel No . 6 - 58 - 2 - 3902 . Permission is denied by the Building - Inspector under - Article IV , Section - 16 ; - and Article XIV , Section 74 of the Town - of Ithaca Zoning Ordinance . Said Board of Appeals will at said time _ and said place hear all persons in support of such matter or objections thereto . Persons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : December 28 , 1976 Publish : December 31 , -1976 . - J . TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York Having been denied permission - to SV8011110k' fq 1,0T FROM II XfiifeCk PgRCC(� SoCN Snjg9 kEk A07- &FIA10 Sr IWER 7ViIIN 7XIF M1411 if at /3/ 110411k-sS .C/9Nk �Ti9X PVCh'4 58- -, $� Ithaca , New York as shown on the accompanying Application and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Section ( s ) /6 , 74 of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : ' 7'L�1 yA✓NY/�?� ( i' iJ•l� /' � 7 ��ir> ��' n ��-Tir+-� �I A�/1 ,i � / -! l'� .� :. , ale- 1` �/ ell vim,, ZZ v / Signed Dated : Ithaca , N . Y . 197 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 ) Notice of Public Hearing , Zoning Board of Appeals , Wednesday , January 5 , 1977 ; 7 : 30 p . m . , appeal of Richard Blatchley from the decision denying per - mission to subdivide a lot from a larger parcel , such smaller lot being smaller than the minimum - , required in R- 15 district , at 131 Honnes,s Lane , Ithaca , N . Y . , Tax Parcel No . 6 - 58 - 2 - 29 . 2 , under Article IV , Section 16 an Artic e , ec ion ovation of sign board used for posting : . Entrance to Town Offices at 126 East Seneca Street , Ithaca , N . Y . Date of Posting : December 28 , 1976 Date of Publication : December 31 , 1976 Edwa r7 L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 4th day of January 19 77 NOTARY GERTRUDE X BERG Mora" Public. State of New TorA No. SS 527872S Qualified in Tompkins Cou Term Expires March 30, 19� t ti T 1 1 18 1THACA JOURNAL Friday, . Dec. 31 , 1976 Legal otico Legal Notice OARD OF ZONING APPEALS : Building Inspector under Article 1V, otice is hereby given pursuant Section 16, and Article XIV, Section 74 1 Lion 30.58, Paragraph C of the Zo of the Town of Ithaca Zoning or- in Ordinance of the City of Ith a dinance. - - Mo a public hearing will be hel on Said Board of Appeals will at said y, January, 10, 1977, at 7 :30 F.M. time and said place hear all persons in on th third floor of City Hall, om- . support of such matter or objections mon uncil Chambers, to cybsider thereto. Persons may appear by agent the foil ing appeals: or in person. ' Appea 1141—Appeal of rt W. Lawrence P. Fabbroni Baker an atalie P Bake for an in- Building Inspector . j terpretatio or use vari ce under . Town of Ithaca Section 30. Col. 2, to us the second Dated : .December 28, 1976 floor of the ilding at 12414 North December 31, 1976 Tioga Street a pro ssional office — _. for a lawyer, inee , architect, ac- r countant, real tat broker, or in- t 1 surance salesma t Appeal 1145—A al of Albanese Plumbing and Het g, Inc. for a use variance under A 30.25 Col. 2 to use the premis for a etail bakery at 102 Adams St t in a R-3 use dis- trict, Appeal 11 —Appeal of thaca Gym- nastics Ce er for a use riance on- der Secli 30.25 Col. 2 a an area variance nder Section 30. Col. 14 aF11and 15 r a en x 110' 19 Thi to t the II tics center at 119 Thir Street i m an -3 use district. Thomas D: and Building Commissi er 1 31, 1976 Zoning Off' er . ian. 79, 1977 TOWN OF. ITHACA ZONING BOARD OF- APPEALS NOTICE OF PUBLIC HEARING G WEDNESDAY, JANUARY 5, 1977 By direction of the Chairman of the Zonin g Board of Appeals, NOTICE IS . ) HEREBY GIVEN, that a Public Hear- t ing will be byy the Zoning Board of Appeals under the Zoning Ordinance t Of the Town of Ithaca, on Wednesday, I ; January 5, 1977, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following time and on the following matter: 7 : 30 P. M. k Appeal of Richard Blatchley, Appellant, from the deci- , sion of the Buildingg Inspector denying permission to subdivide a lot from a I larger parcel, such smaller Jot being 4maller than the minimum required in R-15 district, at 131 Honness Lane, , Ithaca, N.Y. , Tax Parcel No. 658-2- 39.2. Permission is denied by the TOWN OF ITHACA ZONING BOARD OF APPEALS r. NOTICE OF PUBLIC HEARING WEDNESDAY , JANUARY 5 , 1977 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 Nednesday , January 5 , 1977 , in the Town Hall , 126 East Seneca Street ( second-- floor ) , Ithaca , N . Y . , at the - following time and on the following matter : 7 : 30 P . M . Appeal of Richard Blatchley , Appellant , from the decision of the Building Inspector denying permission to subdivide a lot from a larger parcel , such smaller lot being smaller than the minimum required in R- 15 district , at 131 Honness Lane , Ithaca , N . Y . , Tax Parcel - No . 6 - 58 - 2 - 39 . 2 . Permission is denied -by the Building,_-Inspector under - Article IV , Section 716 ­1. and - _ Article XIV , Section 74 of the - Town - of _ Ithaca Zoning Ordinance . Said Board . of Appeals will at said time and said place hear all persons in support - of - such- matter or objections thereto . Persons may appear by agent or in person . Lawrence - P . Fabbroni Building Inspector Town of Ithaca ,Y Dated : December 28 , 1976 y Publish : December 31 , 1976 AFFIDAVIT OF SERVICE 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 , N . Y . That on the 29th day of December , 1976 , deponent served the within Notice upon : A . Allan Weir Edgar Bredbenner 1440 Slaterville Rd . 141 Honness Lane Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Joseph Multari G . Waldemer Degner 1430 Slaterville Rd . 145 Honness Lane Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Carlton Bangs Trinity Lutheran Church 1428 Slaterville Rd . 149 Honness Lane Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Christian -Missionary Alliance Morris Tenenbaum Slaterville Rd . 59 Andover Ave . Ithaca , N . Y . 14850 Dumont , N . J . 07628 G . Warren Marks Edward Eaton 1519 Summit Dr . 140 Pine Tree Rd . W . Lafayette , Indiana 47906 Ithaca , N . Y . 14850 Richard Black Bert Skogfeldt 1410 Slaterville Rd . 136 Pine Tree Rd . Ithaca , N . Y . 14850. . Ithaca , N . Y . 14850 Douglas Armstrong Donald Cullen 121 Honness Lane 134 Pine Tree Rd . Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Geo , Nickles Paul Hartman 137 Honness Lane 132 Pine Tree Rd . Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Richard Gingras Kenneth McEntee 139 Honness Lane 128 Pine Tree Rd . Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Richard Blatchley 131 Honness Lane 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 . Ful er GERTRUDE H. BERGEN Notary Public, State of New Y Sworn to before me this No. 55-5278925 i Qualified in Tompkins County Term Expires March 30, 19 5th day of January , 1977 . / 2L 94� iG 4otary Public Monday, Feb. . 289 1977 ITHACA JOURNAL 3 Court - } zonin de CISI on By ALAN GOODMAN . made a proper and well-founded decision A State Supreme Court justice has based : upon the evidence that was .pres- .the Town anted ff re upheld a September decision by. of Ithaca Zoning Board of Appeals to "I' offered evidence to show that this hat it would was a desirable facility, and t permit construction of a doctor s`office be in the best interests of the community, building on DuBois 'Road."` _ • and - in no way - impair the health, safety 7 But Gust Freeman, a DuBois :Road or welfare of the people in the area, " said 1 resident who took the case' to court, says Gersh. he will probably appeal the ruling. ' The ruling was also praised by Peter The ruling by Judge , Richard I{uhnen Francese, chairman of the zoning board, j en a b 1 e s f our " doctors — , Louis . who voted against the doctors' proposal. Munchmeyer , Michael Goodfriend , ".I am. glad that the board's decision Judson Kilgore and Robert Hicltes—to was upheld even though I cast a dissent- move their offices in the County Pro- , ing vote. It is important that . the board's I` + fessional Building to a larger proposed decisions be properly made with regard building near the intersection of Indian f Creek and DuBois roads. to the -law, and we obviously did that, The doctors have been seeking ap- he said . Francese also shrugged off the judge's proval for- their proposal for tad by .han decision that the dissenting votes by the a year. ..It was initially rejected by .. the chairman and by board member Edward ` zoning board in December , 1975, and then „ I . became one of the hottest zoning cases Austen were arbitrary and capricious" based upon the evidence before the board. in the town- in years when it came up „ � The judge is entitled to his decision , again last year—dividing the neighbor „ hood and involving opposing attorneys , and„ I am entitled to mine, he said . ' i even when it. vas before the board. The opponents' attorney , Robert Clune, The doctors' attorney, David B. Gersh, could not be reached - for comment. praised the judge' s decision today, and But Freeman said he plans to talk with said it concurred with what the attorney his neighbors to see what they plan to do has been saying all along: next. Freeman acted on behalf of some "We have maintained in this proceed- of them when he petitioned to the court is ing that the town Zoning Board of Appeals last fall. Speaking for myself, I think I will fight it. It's pretty bad. when a neighbor- 1 hood is forced to take something it does not want. "This is a residential neighborhood. Everyone's been saying that. I think it's time for some of us to fight for our ' rights, " he said. In his decision , Kuhnen said the zoning board voted properly in view of a list of "findings of fact" it unanimously adopted Jl before the vote.