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HomeMy WebLinkAboutZBA Minutes 1978-01-10 f g(C 6 6 i i I TOWN OF ITHACA ZONING BOARD OF APPEALS JANUARY 10 , 1978 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 Tuesday , January 10 , 1978 , at 7 : 30 p . m . PRESENT : Vice - Chairman Jack Hewett , Joan Reuning , Edward King , Edward Austen , Lawrence Fabbroni ( Building Inspector ) , Robert Bonnell ( Assistant ) . ALSO PRESENT : Dr . Leo Cacciotti ; Lawrence Iacovelli ; Edward Mazza ; Peter Gergeley , 106 Juniper Drive ; W . C . Silvernail , 108 Juniper Drive ; George C . Kugler , 101 PineView Terrace ; Che - Yu Li , 112 Juniper Drive ; Betty Li , 112 Juniper Drive ; Lyman Baker , 257 Pennsylvania Avenue; Jean Baker , 257 Pennsylvania Avenue ; Billy J . Belous , 178 Kendall . A. venue ; Jane 0 , Belous , ' 178 Kendall Avenue ; Edward Rumsey , 110 East Buttermilk Falls Road ; Margaret Rumsey , 110 East Buttermilk Falls Road ; Frances Rizk , 41 Fairview Square ; Edward Rizk , 41 Fairview Square ; Harry Missirian , 139 Simsbury Drive ; Cindy Hanson , WTKO . Because of the heavy snow in the Ithaca area , Vice - Chairman delayed the opening of the meeting until 7 : 45 p . m . Vice - Chairman Hewett introduced the Board members present to the public in attendnace . APPEAL OF LAWRENCE AND TRINNA IACOVELLI , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT APPLICATION CHANGE TO ALLOW 4 ( FOUR ) DWELLING UNITS RATHER THAN 2 ( TWO ) . DWELLING UNITS AT 167 KENDALL AVENUE , PARCEL NO , 6 - 54 - 4 - 25 ( FORMERLY PARCEL NO , 6 - 54 - 4 - 23 ) , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE , Vice - Chairman Hewett declared the Public "rearing in the above - noted matter duly opened at 7 : 47 p . m . Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on January 3 , 1978 , and January 5 , 1978 , respectively , as required . Mr . Fabbroni presented Barbara Z . Restaino ' s Affidavit of Service by Mail of said Notice of Public Hearing upon the various neighbors of Mr , and Mrs . Iacovelli and upon Mr . and Mrs . Iacovelli as parties to the action . Mr . Fabbroni presented the Appeal Form duly completed by Mr . Lawrence Iacovelli with attachment , signed and dated December 14 , 1977 . Mr . Edward Mazza appeared before the Board and stated that he was present to assist Mr . Iacovelli , not as an attorney , but as a friend , Mr . Mazza stated that the parcel in question is located on South Hill and is zoned R - 9 . He pointed out that the parcel abuts an area zoned Light Industrial . Mr . Mazza stated that Mr . Iacovelli lives next door to the parcel in question and his mother lives next door to his home and one of his brothers lives just down the road , Mr , Mazza stated 1� that Mr . Iacovelli owns a number of lots on South Hill in this area and pays considerable taxes on them . He stated that Mr . Iacovelli wants this area to remain open and not over - developed . Mr . Mazza stated that because of misinterpretation of the Zoning Ordinance on his part when he first started to build the dwelling structure in " Zoning Board of Appeals - 2 - January 10 , 1978 question Mr . Iacovelli thought that he could have more than what is actually allowed . Mr . Mazza stated that Mr . Iacovelli obtained a t building permit and commenced construction and then was informed that he was building too many units , two kitchens being built and two more roughed out . Mr . Mazza stated that the Building Inspector , Mr . Fabbroni , then revoked the permit because there were four kitchens . Mr . Mazza stated that the permit has been reinstated because of the receipt by Mr . Fabbroni of a letter from Mr . Lawrence Iacovelli dated December 15 , 1977 , reading as follows : " Re : New construction at 167 Kendall Avenue , Permit # 1964 , Tax Parcel # 6 - 54 - 4 - 23 Dear Mr . Fabroni : This is to inform you that I am only building a two - family home , that I understand the occupancy regulations that apply to two - family dwellings ( a copy of which is attached to this letter ) and that I will not finish off a third and fourth kitchen or the second half of the ground floor , or in general , exceed the terms of the permit issued June 3 , 1977 unless I am able to obtain a variance or if there is rezoning in this zone . " Mr . Mazza presented for the record " Petition and Consent " signed by 14 property owners situated within 500 feet of the property in question . Mr . Mazza also presented to the Board members a written document outlining Mr . Iavovelli ' s request and describing his appeal for variance . Mr . Mazza stated that a dwelling structure could be placed upon each of the three 50 ' lots within the total area in question of 150 ' frontage on Kendall Avenue , and further that each of those three dwelling structures could contain two dwelling units . He stated that Mr . Iacovelli has 150 ' of frontage and there could be a total of 9 unrelated persons living within this 1501 . Mr . Mazza stated that Mr . Iacovelli only intends to build one structure . He stated that the construction of three separate buildings on three individual 50 ' lots would be an economic hardship for Mr . Iacovelli , rather than building just one structure . Mr . Mazza noted again that the lot abuts an area zoned light industrial ( Therm , Inc . ) . Mr . Mazza distributed a colored Polaroid picture of the home and stated that the request involves no more than that allowed under the zoning law . Mr . King wondered about the 60 ' lot frontage requirement in an R - 9 district . Mr . Fabbroni agreed that that is the requirement unless a prior tract is involved . Mr . Fabbroni stated that 50 ' lots are allowed in this tract . He noted that the lots have a depth of 120 ' . Mr . King read from Section 9 . Size of lot . paragraph 3 of the Town Zoning Ordinance as follows : " When both public water and sewers are available , the minimum width shall be 60 feet and the minimum depth shall be 150 feet except that the depth may be reduced to a minimum of 120 feet provided that the lot area shall not be less than 9 , 000 square feet . " Mr . Fabbroni stated that with lots of record at the time of the enactment of zoning ( 1954 ) they are buildable lots . Mr . Fabbroni cited ' Zoning Board of Appeals - 3 - January 10 , 1978 : Section 57 . Existing Lots . : " Other provisions of this ordinance notwithstanding , nothing shall prohibit the use for a single family ' dwelling of a lot of deed record at the time of the passage of this ordinance , as amended , of less than the required size of lot in any district except an Industrial District , provided that all other pro - visions of this ordinance are complied with . " Mr . King noted the words " single family " in the above - quoted section . Mr . Fabbroni commented that this is one of the quirks of the Zoning Ordinance as amended in May 1970 whereby three unrelated persons are allowed . Mr . King noted that it would be a moot point anyway if one structure were put on the 150 ' frontage . Mr . King expressed the opinion that three single family structures could be placed on the three 50 ' lots . Mr . King then asked where the building in question is placed on this lot . Mr . Fabbroni presented the original building permit application with plan and indicated that the building has been located entirely on the east half of the 150 ' lot , leaving the westerly 75 ' as side yard . Mr . Mazza pointed out that the parking is over on the side and not on the front . Mr . King commented that it does not look like the lot is being devoted entirely to this structure . ® Mr . Austen stated that if the structure is located in an area of 75 ' x 120 ' which is 9 , 000 sq . ft . , we are talking about a one or two family dwelling . Mr . Fabbroni stated that the original permit was issued for a two - family structure on a 75 ' lot . Mr . Mazza stated that Mr . Iacovelli does not intend to build on the other 75 ' . Mr . King asked what would be the Town guarantee that he does not so intend . Mr . Mazza stated that if there is some avenue that this Board knows of to insure that Mr . Iacovelli not building on that 75 ' , he would accept it . Mr . King pointed out that Mr . Iacovelli ' s original permit application was for a two - family structure and he is building a four - unit structure . Mr . Mazza explained that Mr . Iacovelli roughed in the two additional kitchens in case the future zoning ordinance allows a four - unit structure and because it is so much more economical to do so at the outset rather than at a later time . He stated that Mr . Iacovelli is building a two - family structure as stated in his letter to Mr . Fabbroni of December 15 , 1977 . Mr . King asked who the abutting neighbors are of this lot . Mr . Mazza stated that they are Mr . and Mrs . Iacovelli themselves and Mr . Joseph Cardonia who signed the Petition and Consent heretofore presented . Mr . King asked Mr . Iacovelli how far his home is from the west line . Mr . Iacovelli stated it is 100 feet , i . e . , 75 ' + 251 . Mr . Fabbroni stated that he felt that the appellant has pretty well presented what they would like to do . He stated that at the point that he as Building Inspector found the four kitchens roughed in , he revoked the permit . He stated that then he received a letter from Mr .. Iacovelli stating that he now understood what the require - ments were and that he ( Iacovelli ) would live within the zoning _ . Zoning Board of Appeals - 4 - January 10 , 1978 ordinance if he did not receive the variance . He stated that the building permit was re - instated . Vice - Chairman Hewett noted that the letter from Mr . Iacovelli will be made a part of the record . Vice - Chairman Hewett noted for the record that the Board has received two petitions in the matter of the Iacovelli Appeal - - one for and one against . He noted that eight families were represented on the petition against the granting of a variance , and nine families were represented on the petition in favor of the granting of a variance . Mr . Mazza pointed out to the Board that the Iacovellis only requested signatures of those people in an area within 500 ' of this lot and in the neighborhood , not from those in the Juniper Drive , PineView and Pennsylvania Avenue area as on the petition of opposition . He stated that they know of several others who would be in agreement in adjacent areas also . He stated that they could have obtained many more signatures . Mr . Che -Yu Li , 112 Juniper Drive , addressed the Board and stated that he and his wife are very much concerned with the whole neighbor - hood and the potential rental to students . He said that the whole nature of the neighborhood would be changed by the allowing of this four - unit structure . He said that the Board would be spot - zoning the neighborhood . Mr . Bill Belous , 178 Kendall Avenue , addressed the Board and stated that he is a retired police officer . He stated that he has a home with an apartment in it and that he owns two lots next door to his home and that he pays taxes on them too . Mr . Belous stated that at one time he came to the Town Zoning Officer with a proposal to add an apartment to his home and was told the rules that apply to a single family home with an apartment . He was told that there may be one apartment 50% of the structure . Mr . Belous stated again that he was a retired police officer and it was his opinion that if one does something against the law one should not be allowed to be forgiven . Mr . Belous pointed out that most of the persons who signed the petition in favor of the apartment are Mr . Iacovelli ' s relatives . Mr . Mazza stated that Mr . Iacovelli has not broken any laws . He also stated that whether people are related or not , they are indeed residents of the area and have a right to a say . He noted that he could show the Board the names of the neighbors and their location on the street . Mr . Lyman Baker , 257 Pennsylvania Avenue , cited Section 77 , para - graph ( f ) of the Zoning Ordinance which reads : " The feneral effect of the proposed upon the community as a whole , including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health , safety and general welfare of the community . " Mr . Baker stated that the traffic load is a conern of the neighbors . Mr . Baker also stated that the granting of this variance would be spot zoning . Mr . King asked Mr . Fabbroni if there was any explanation in law given to Mr . Iacovelli when he applied for this permit . Mr . Fabbroni stated that at the time Mr . Iacovelli came in to the office he had a floor plan not specific to each unit . Mr . Fabbroni stated that he explained to Mr . Iacovelli the 50 % requirement for an apartment . Mr . Zoning Board of Appeals - 5 - January 10 , 1978 Fabbroni stated that Mr . Iacovelli then produced the plan attached to the permit which has been presented to the Board as part of the record of this meeting . Mr . Fabbroni also stated that he gave Mr . Iacovelli a copy of the occupancy requirements . Mr . Mazza said that he wished to speak to the question of traffic . Mr . Mazza said that first of all Pennsylvania Avenue Extension has nothing to do with what we are talking about at this public hearing . Mr . Mazza stated that second , single family units on each of the 50 ' lots which allows for up to 3 unrelated persons , would allow for 9 unrelated persons adding to the traffic . Mr . Mazza stated that with the structure proposed , 4 units , there would not be any more traffic because there would not be any more people in the area than normal . Mr . Austen stated that he did not see any hardship which would allow the Board to allow any more than the two - family unit which is under construction . Mr . King stated that he did not see where the appellant has established any justification for the Board to issue a variance and further he sees no special approval granting powers given to the Board under the ordinance . Mr . King stated that the appellant is in effect asking this Board to rezone this land and this Board does not have such power , it being a function of the Town Board . Mr . Mazza asked that the Board describe for him the standard that they would apply in the denial of this variance . He stated that in order to utilize the land that he owns there .would be more of an economic injury to Mr . Iacovelli if he had to build three structures . Mr . Mazza stated that he wished to cite to the Board an important New York State case , Fulling vs . Polumbo , wherein the petitioner appealed a Zoning Board denial of a variance based upon there being no economic hardship shown . Mr . Mazza quoted from the decision rendered by the Court in overruling the Zoning Board decision as follows : " That standard can be justified only by showing that the public health , safety and welfare can be hindered by the upholding of the statute . " Mr . Mazza stated that economic loss has been shown and the variance should be granted unless the Board shows that the health , safety and welfare is hindered . Mr . King stated that it appears to him to be a self - imposed hardship . Mr . Mazza then cited a local case in the Village of Cayuga Heights , Daniel Marvin and Dr . H . J . Peter Patrick vs . the Village of Cayuga Heights Zoning Board . The petitioner took an Article 78 proceeding against the Zoning Board ' s denial of the appeal to have a dental office in a house in a residential area . Judge Bryant ruled in favor of the petitioner and the Zoning Board appealed the matter to the Appellate Division which confirmed Judge Bryant ' s decision . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny the application for variance in the matter of the Appeal of Lawrence Iacovelli based upon the fact that there • * Zoning Board of Appeals - 6 - January 10 , 1978 are no practical difficulties or unnecessary hardhsip shown by Mr . Iacovelli as stated in Section 77 , paragraph 6 , of the Town of Ithaca Zoning Ordinance reading : " Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance , the Board of Appeals shall have the power , in passing upon appeals , to vary or modify the application of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done . " ; nor is this a case where this Board can issue special approval . There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , Reuning , King , Austen . Nay - None . Carried unanimously . Vice - Chairman Hewett declared the public hearing in the matter of the Iacovelli appeal duly closed at 8 : 33 p . m . Mr . Mazza asked again the standard that they applied in denying this variance in order to clarify the matter in his mind . APPEAL OF ROBERT C . HAMILTON , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING LOCATION CLOSER THAN 15 FEET TO THE SIDE LOT LINE AT 316 BLACKSTONE AVENUE , PARCEL N0 , 6 - 71 - 1 - 11 . 49 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice - Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 35 p . m . Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on January 3 , 1978 , and January 5 , 1978 , respectively , as required . Mr . Fabbroni presented Barbara Z . Restaino ' s Affidavit of Service by Mail of said Notice of Public Hearing upon the various neigh - bors of the parcel in question and upon Mr . Hamilton as party to the action . Mr . Fabbroni presented the Appeal Form signed by Mr . Hamilton and dated December 22 , 1977 . Mr . Fabbroni announced that Mr . Hamilton has just telephoned to relate to the Board that he is unable to get out of Dryden in order to attend this meeting because of the snow storm . Mr . Fabbroni pointed out to the Board that the lot in question is the lot as shown on the tax map Mr . Fabbroni showed to the Board - - Tax Map # 71 , tax parcel # 71 - 1 - 11 . 49 . He stated that this area is the original Arthur A . Prince subdivision . Mr . Fabbroni stated that he would present the matter as best he could in the absence of Mr . Hamilton , but that Mr . Hamilton was bringing with him , drawings and maps . Mr . Fabbroni stated that the house being proposed for the lot ® desired by Mr . Hamilton ' s client is 68 ' in width . He noted that given the sewer easement that goes with the property , there is difficulty in not encroaching on the south boundary line and so he is seeking a variance to permit the building being located within 5 ' of the lot line instead of the required 151 . Zoning Board of Appeals - 7 - January 10 , 1978 Mrs . Frances Rizk , 41 Fairview Square , stated from the floor that she is the owner of the vacant lot next door to the parcel in question and is planning to construct her home on the lot . She stated that she is planning to build a very expensive home . Mrs . Rizk informed the Board that there is a covenant on the land from the original Underwood estate which reads in part as follows : " This conveyance is made subject to the following restrictions which shall run with the land for a period of twenty - five years from the date hereof : ( i . e . until 1984 - - Mrs . Rizk ' s note ) . . . . 4 . No construction shall be permitted within 25 feet of the street line or within 15 feet of any other lot line . . . . . Subject to the following insofar as it may affect the above described parcel : a right of way for electric lines etc , granted by Mrs . Stella Hanford to New York State Gas & Electric Corporation dated February 16 , 1928 and recorded March 30 , 1928 in Liber 213 of Deeds at page 452 . " Mrs . Rizk continued and stated that she feels that a five foot side lot line would devalue her property and further that the construction of a house that close would cut off the sunlight . She stated that she wishes to build her home close to the north side of her property line and leave the south side open for the sun . Dr . Leo Cacciotti , 303 St . Catherine Lane , stated from the floor that he lives on the west side of this lot . Dr . Cacciotti stated that he is opposed to any building closer than what it is zoned for . Dr . Cacciotti stated that he purchased land up there with that in mind and that it was zoned that way ( R - 15 ) and people could not build closer to the lot line than required . Mr . King asked Dr . Cacciotti if a variance on the 316 Blackstone Avenue property would allow a house any closer to him that it would be under the zoning ordinance ? Dr . Cacciotti replied that it may . Dr . Cacciotti also the potential fire hazard of a home only 5 ' from the lot line . Mr . Edward Rizk , 41 Fairview Square , stated that lot 7 of the subdivision is to the south . Mr . Rizk stated that lot # 6 was originally owned by Mr . Hamilton and he sold it to Mrs . Kennedy . Mr . Rizk stated that any hardship placed upon Mr . Hamilton is equalled by hardship placed upon them ( the Rizks ) should a house be constructed 5 ' from the lot line . Mr . Rizk stated that there should be no homes five feet from a lot line . Mr . Harry Missirian , 139 Simsbury Drive , stated from the floor that he felt very bad about this situation because he ( Missirian ) was influential in the Rizk -' s purchasing of this property . Mr . Missirian stated that he was disappointed that what he hold the Rizks about the zoning requirements can be changed so easily . Mr . Missirian continued and stated that he is a planner and it is his opinion that if Mr . Hamilton is going to build on lots which he owns , he has to tailor . his :. buildings to the lots . Mr . Missirian pointed out that the sewer line is along the property line , and that Zoning Board of Appeals - 8 - January 10 , 1978 Mr . Hamilton is able to put a house within 15 feet of that . He pointed out, that lot # 7A has a creek on it and Mr . Hamilton cannot use 7A without altering the creek . He said that a 68 ' house need not be constructed „ it just means more financial gain for him . Mr . Missirian suggested that Mr . Hamilton tailor his plans according to the opportunities available to him . Mr . Fabbroni noted in connection with the covenant of which Mrs . Rizk had spoken , if Mr . Hamilton wanted to locate a house with a . ! garage_ attached next to any lot he could locate the house with the attached garage side 10 ' from the lot line . Mr . Fabbroni stated to Mrs . Rizk that if there is a covenant which supersedes that he would like to be aware of it . Mrs . Rizk provided Mr . Fabbroni with a copy of the covenant . Mr . King stated that he would suggest that the Vice - Chairman adjourn this hearing until Mr . Hamilton can be here and also have the people here tonight present . Vice - Chairman Hewett , upon agreement of the members of the Board , declared this public hearing in the matter of the Hamilton Appeal duly adjourned until Monday , January 23 , 1978 , at 7 : 30 p . m . The public hearing was so adjourned at 8 : 52 p . m . APPEAL OF EDWARD AND MARGARET RUMSEY , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT APPLICATION TO CONSTRUCT ADDITIONAL STORAGE WAREHOUSE SQUARE FOOTAGE AT 110 AND 116 EAST BUTTERMILK FALLS ROAD , PARCEL NOS . 6 - 38 - 1 - 2 AND 6 - 38 - 1 - 3 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE V , SECTIONS 18 , 19 , 20 , 21 , AND 22 AND ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice - Chairman Hewett declared the Public Hearing in the . . above - noted matter duly opened at 8 : 53 p . m . Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on January 3 , 1978 , and January 5 , 1978 , respectively , as required . Mr . Fabbroni presented Barbara Z . Restaino ' s Affidavit of Service by Mail of said Notice of Public Hearing upon the various neighbors of Mr . and Mrs . Rumsey and upon Mr . and Mrs . Rumsey as parties to the action . Mr . Fabbroni presented the Appeal Form duly completed and signed by . Margie Rumsey and dated December 9 , 1977 . Mr . Edward Rumsey addressed the Board and presented several copies of a tracing of tax map # 38 on which he had drawn the existing ware - house structure and the proposed warehouse structure . Mr . Rumsey stated that the additional building requested is the same as the existing building which pre - dates zoning . Mr . Rumsey stated that his home is located on the lot next door . The additional building is needed by Mr . Rumsey ' s tenant , Anderson Moving and Storage , which is outgrowing the existing warehouse it now is housed in . Mr . King asked how far the two buildings are apart . Mr . Rumsey said 20 ' . Mr . King asked what the point is of separating the buildings rather than enlarging the existing building . Mr . Rumsey stated that Zoning Board of Appeals - 9 - January 10 , 1978 this would be almost impossible since the existing building is a quonset but type . Vice - Chairman Hewett asked what type of construction Mr . Rumsey had in mind . Mr . Rumsey stated that he was not sure but it would probably be a Butler type building . Mr . King asked why the various sections of the Zoning Ordinance were cited by Mr . Fabbroni as Building Inspector . Mr . Fabbroni stated that this appeal involves a new building which is not an allowed use in the zone and / or the extension of a non - conforming use , being section 54 which should have been added to the citation . Section 18 was cited because of the use , section 19 was cited because of the use , section 20 was cited because of the o of coverage in a rear yard , section 21 was cited because of the 40 ' requirement for the side yard , section 22 was cited because of - he o of total lot coverage . Mr . Rumsey commented that he has this building and he has a problem of what to do with it . He said that he has a tenant in the building - - Anderson Moving and Storage - - but he would like some more room , and if he . cannot give : it .. to him , he . does not have a tenant . Mr . King asked if there are any houses close by ? Pair . Rumsey said no . Mr . Fabbroni commented that if the proposed building is put in ® the position that is shown here on this tracing it could hardly be seen from anyplace . Mr . King stated that he was inclined to move the subject to a specific permit being issued for it with specific details being furnished , i . e . , precisely what and where , together with Mr . Fabbroni ' s opinion on it . Vice - Chairman Hewett asked if Mr . Rumsey could present to the Board more specific plans . Mr . Rumsey felt that he could . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca approve and hereby does approve in principle the expansion of the warehouse storage facilities on Parcels No . 6 - 38 - 1 - 2 and 6 - 38 - 1 - 3 as described in the Appeal of Edward and Margaret Rumsey , subject to the appellants presenting to said Board of Appeals specific plans for the additional warehouse facility delineating location , type of structure , size of structure and height of structure , and FURTHER , that the public hearing in the matter of the appeal of Edward and Margaret Rumsey be adjourned until January 23 , 1978 , at 8 : 00 p . m . By way of discussion , Mrs . Rumsey stated that the Board does have a very specific plan right here before them . She suggested that the Board could approve the plan and then they are bound by the requirements of the Building Permit issued by Mr . Fabbroni . Mr . King stated that Mr . Fabbroni cannot issue a permit without this Board ' s approval . Mr . King pointed out that a .variance must be Zoning Board of Appeals - 10 - January 10 , 1978 specified for the record . There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , Reuning , King , . Austen . Nay - None . The MOTION was declared to be carried unanimously . Vice - Chairman Hewett declared the public hearing in the matter of the appeal of Edward and Margaret Rumsey duly adjourned at 9 : 20 p . m . until Monday , January 23 , 1978 , at 8 : 00 p . m . SIGN VARIANCES 1 . Varaxon Electronics , Inc . , 1319 Mecklenburg Road . Mr . Bonnell presented the sign application for Varaxon Electronics , Inc . , which has been denied because the proposed sign exceeds the square footage requirement by one - half square feeet . Varaxon Electronics is located in an R - 30 zone . They are requesting a small free - standing sign in order that delivery trucks can locate their premises . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca approve and hereby does approve the granting of a variance to the requirements of the Town of Ithaca Sign Ordinance to Varaxon Electronics , Inc . , 1319 Mecklenburg Road , for a free - standing sign measuring 30 " x 12 " and containing the word " VARAXON " together with an arrow . There being no • further discussion , the Vice - Chairman called for a vote . Aye - Hewett , Reuning , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . 2 . F and T Distributing Co . , 1395 Mecklenburg Road , Mr . Bonnell presented the sign application for F . and T . Distri - buting Co . , 1395 Mecklenburg Road . . The requested sign measures 5 . 13 sq . ft . and is to be located on front of a glass front store / warehouse 30 feet from the center of the road , in a residential R - 30 zone . Mr . Bonnell stated that this property is the former location of the antique business . He stated that it is a legal non - conforming use and is located on the same side of the road as Chase ' s . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca approve and hereby does approve the granting of a variance to the Zoning Board of Appeals - 11 - January 10 , 1978 requirements of the Town of Ithaca Sign Ordinance to F . and T . Distributing Co . , 1395 Mecklenburg Road , for a free - standing sign measuring 49 " x 76 " and containing the words " F & T DISTRIBUTING CO . CANDY CHIPS SNACKS " . There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , Reuning , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . 3 . Lakeside Nursing Home , Inc . , 1229 Trumansburg Road . Mr . Bonnell presented the sign application for Lakeside Nursing Home , Inc . , located in an R - 30 zone . The sign is presently attached to the front of the building , with the letters being 18 " high and 4 " wide and the sign being 13 ' 10 " long being 20 . 75 sq . ft . MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca approve the the sign now located upon the front face of the Lakeside Nursing Home , Inc . , 1229 Trumansburg Road , reading " LAKESIDE " and containing 20 . 75 sq . ft . , it being noted by said Board that the Sign Ordinance of the Town of Ithaca does not make any provision for institutional or multi - family structures signage . There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , Reuning , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . 4 . Paleontological Research Institution , 1259 Trumansburg Road , Mr . Bonnell presented the sign application for the Paleontological Research Institution located in an R - 30 zone . The sign is presently in place , measures 3 ' x 41 , contains 12 sq . ft . , and is sufficiently set back from the road at the entrance drive to the Institution . MOTION by Mr . ' Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca approve and hereby does approve the granting of a variance to the requirements of the Town of Ithaca Sign Ordinance to the Paleontolo - gical Research Institution , 1259 Trumansburg Road , for a free - standing sign measuring 4 ' x 3 ' and containing the words " PALEONTOLOGICAL RESEARCH INSTITUTION TOMPKINS CO . GEM AND MINERAL CLUB EXHIBITS 1259 TRUMANSBURG RD . " , with the suggestion by said Board that said sign be made more aesthetically appealing . There being no further discussion , the Vice - Chairman called for a vote . .wZoning Board of Appeals - 12 January 10 , 1978 Aye - Hewett , Reuning , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , the meeting of the Zoning Board of . Appeals was duly adjourned at 9 : 26 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . i r " � I n 10 tie / 77 S 791 co �,� LU 7 0 y / . 4 • Y I TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY , JANUARY 101 1978 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 Tuesday , January 10 , 1978 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 Lawrence and Trinna Iacovelli , Appellants , from the decision of . the Building Inspector denying permit application change to allow 4 ( four ) dwelling units rather than 2 ( two ) dwelling units at 167 Rendall Avenue , Parcel No . 6 - 54 - 4 - 25 ( formerly Parcel No . 6 - 54 - 4 - 23 ) , Ithaca , N . Y . Permission is denied under Article III , Section 4 , of the Town of Ithaca Zoning Ordinance . 8 : 00 P . M . Appeal of Robert Co Hamilton , Appellant , from the decision of the Building Inspector denying building location closer than 15 ( fifteen ) feet to the side lot line at 316 Black- • stone Avenue , Parcel No . 6 - 71 - 1 - 11 . 49 , Ithaca , N . Y . Permission is denied under Article IV , Section 14 , of the Towri of Ithaca Zoning Ordinance . 8 : 15 P . M . Appeal of Edward and Margaret Rumsey , Appellants , from the decision of the Building Inspector denying permit application to construct additional storage warehouse square footage at 110 - 116 Buttermilk Falls Road , Parcel t Nos . 6 - 38 - 1 - 2 and 6 - 38 - 1 - 3 , Ithaca , N . Y . - Permission is denied under Article V , Sections 18 , 19 , 20 , 21 , and 22 and Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance . 8 ; 30 p . m . Sign Variances : - Varaxon Electronics Inc . , 1319 Mecklenburg Road , 2 . 5 square feet . F and T Distributing Co . , 1395 Mecklenburg Road , 5 . 13 square feet . Lakeside Nursing Home , Inc . , 1229 Trumansburg Road , 20 . 75 square feet . Paleontological Research Institute , , 1259 Trumansburg Road , 12 square feet . Said Board of Appeals will at said times and said place hear ort of such matters or objections thereto . Per - all persons in support sons may appear by agent or - in - person . Dated : January 3 , 1978 Publish : Januarh 5 , 1978 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 Hearings to be held by Town of Ithaca Zoning Board of Appeals on Tuesday , January 10 ,_ 19,78 , in Town Hall , 126 East Seneca Street ( second floor Ithaca , NY , at 7 : 30 p . m , as per attached . 90cation of sign - board used for posting : Frpnt Entrance to Town Hall . Date of Posting : January 3 , 1978 Date of Publication : January 5 , 1978 0 -- - 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 January , 19 78 • NOTARY { GERTRUDE M BERGEN 1 tq0t"y Public, State of - New York No. 55-5278725 ® Qualified in Tompkins C, o rva Expires March 3019 1n ' n x r W rm ' m 00 mo CL m � 0 rD. 71 .. y SND DOS . O-o C pZ < _Or. m ml A O -1 < Z, S(t(} mD C CL m0 ? ,mm_ v Zc .A tr fl' � - `v v :Co Z D ' 0 1 7 om cw W Csi � CCZt� — � � � mcm < c > � OZ O ¢ Ll z v> mo .- a ism mC: �C] � y . a a m o �� 3 �. QO � �^ D .C > ♦� = Won we» 7n ? mm j m`woJ - � ncN,. 3e;A O0�` a� •i `¢° nmmm o ;a � = a a- mm ^- m Sommm = n ' J3 t -J n_ PncAm � `cwc °r' � Fv w � ao �o- w �+ -mi � �-nW -3n -`c acc o, o '3- o � > Oil � oxvv ¢ �� omnan x "000 � c .. do- °iW �. �9 = n � � T°J° so •omnZ3 � F -o � on0 -- c. t � m o = tr ¢ O" CO -iJm v .3ocn ' -� ci. J 3 . mon > mo WD - o `. '�� c � c -' �- < - c r Y �v ? � °' '¢ _3' oc v � ^_ n co 'x. .'.: 3 '9-`0 ¢ 3 m > O mc, O y 0 ..j N > n C ^ S R 9 n n o ^ nio W Vl ..� n '� N•6 S m o Q 1 1 . c 'm SmD w °i on. _ c. c^, < £ onZ � .- ymm � = mn ? m0 = m m ?, 3- f0m o m ?wo ° 2- ' yarn � � o.W c . = m Ja ��Gz^ a9 Cci > o �� �'=.n �" mao °1- nW - n�n �. o = y a3 v omo2N cn - v �. ^ < " � 'cn ='o ?- ?. < .D .mimovzomano ? oJo .°-' 3 vim "• _ an Mom m ' s � vi •z o_ w = ¢ - m � mo � .33 m ?. y me m =. mW V. .o c �+ vin x'' 63 m 0� 3 o A - n . C] nn mX =. 3- N ^ v ,J^, maoyo � � ¢ � v mn aN � .asJoco. v ❑ v S -e o n . m y i t (V ... JO m -. SOV ¢ JJo � mm Jm ..� _ � m AAymW m3m (p t � Qyy � cm" o..- m crn p1J63cnn ? m3 " J '�' cu J_� A ^ row , mmf^ o ap: Om m nNm N ^ Y � m y000Jn JOS J .� NJi SJ . . � nwC nm ^ � ^ c�i� . aC - W,n � y .SWM '+ '3 ¢ � Q. v+ '. G` G�9G J _ u• . O •'tm ¢ a ) �. - � 0 ' � fx � � r z < � m o � D r 7 03 n1 nn < 30 3 ;_ m m N ' cyp N3mm 33m 1 c3Dm � T n = Z ^0n2 , � » n 33 Of 3 � lN - Jm '- ' m � Jlj NJ N ' CD _1 r mu2 &, M 3 � — m .yH adD O �4 '- `A � oaD �+ m � 3c CD Nc2 am m C• _ f Now � = c � c _� — A �■ 0 rwM • 63 m yo w �/� . =m ' ` C O = r. IN oat . � c r 1 _r.S TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY , JANUARY 10 , 1978 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 Tuesday , January 10 , 1978 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 Lawrence and Trinna Iacovelli , Appellants , from the decision of the . Building Inspector denying permit 40 application change to allow 4 ( four ) dwelling units rather than 2 ( two ) dwelling units at 167 Kendall Avenue , Parcel No . 6 ,,,, 54 ,,,, 4 -,, 25 . ( formerly Parcel No . 6 - 54 - 4 - 23 ) , Ithaca , N . Y • Permission is denied under ArticleIIl , Section 4 , of the Town of Ithaca Zoning Ordinance . 8 : 00 P . M . Appeal of Robert Co Hamilton , Appellant , . from the decision of the Building Inspector denying building location closer than 15 ( fifteen ) feet to the side lot line at 316 Black- stone Avenue , Parcel No . 6 - 71 - 1 - 11 . 49 , Ithaca , N . Y . Permission is denied under Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance . II , 8 : 15 p . m . Appeal of Edward and Margaret Rumsey , Appellants , from the decision of the Building Inspector denying permit application to construct additional storage warehouse square footage at 110 - 116 Buttermilk Falls Road , Parcel t u �A ♦y d J{ Nos . 6 - 38 - 1 - 2 and 6 - 38 - 1 - 3 , Ithaca , N . Y . Permission is denied under Article V . Sections 18 , 19 , 20 , 21 , and 22 and Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance .^ 800 p . m . _ Sign Variances : Varaxon Electronics Inc . , 1319 Mecklenburg Road , 2 5 square feet . F and T Distributing Co . , 1395 Mecklenburg Road , 5 . 13 square feet . Lakeside Nursing Home , Inc . , _ 1229 Trumansburg Road , 20 . 75 square feet . Paleontological Research Institute ,'--J259 Trumansburg Road , 12 square feet . Said Board of - Appeals will at said times and said place hear all - persons in support of such matters or objections thereto . Per - sons ., may appear by agent or in person . Dated : January 3 , 1978 Publish : Januarh 5 , 1978 I400A - i1 t i; r 1 ' r AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS : COUNTY OF TOMPKINS ) Barbara Z . .Restaino , being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides at 273- Bundy Road , Ithaca , New York . . That on the 3rd day of- January , 1978 , deponent served the within Notice upon those persons indicated on the list . attached hereto . By depositing same enclosed in a postpaid addressed wrappe , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Barbara Z . Restaino Sworn to before me this 1.Wth day of January , 1978 . . Z Notary Public UDsia e oER ea' Yoxu N Notary No* 552279725 Coup ualifi P res omPk'n30, 19 G1 March Terra Notification Given For Appeal of Lawrence & Trina Iacovelli : Therm Inc . Gannaro Raponi Hudson St . Ext , 341 Coddington Rd . Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Willis S . Hilker Ceasar Fontana 275 Burns Rd . 218 Columbia St . Ithaca , N . Y . 14850 Ithaca , N . Y . Joseph :. Cardonia Philip Dorf 177 Kendall Ave . R . D . 1 Ithaca ; N . Y . 14850 Newfield , N . Y . 14867 Richard Berggren Elbert W . Sherwood 119 Williams Glen Rd . 249 Coddington Rd . Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Herbert Freeman Leo V . Rosica 419 N . Albany St . 249 Penn . Ave . Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Vincenzo & Ruth Iacovelli Lyman E . & Jean E . Baker 159 Kendall Ave . 257 Penn . Ave . Ithaca , N . Y . 14850 Ithaca , N . Y . 1 .4850 Murry & Kathleen Royal Harold & Elva S . Perry 153 Kendall Ave . 271 Penn . Ave . Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 James & Antoinette Iacovelli Wilbur A . & Joann K . Baker 148 Kendall Ave . 306 Utica St . Ithaca , New York 14850 Ithaca , N . Y . 14850 Donald & Betty Hart Johanna Baker Estate 152 Kendall Ave . c / o Carl Baker Ithaca , N . Y . 14850 268 Penn . Ave . Ithaca , N . Y . Dominick & Frances Capozzi 3811 Pearl St . Ithaca , N . Y . 14850 Alec & Eileen Wright 166 Kendall Ave . Ithaca , N . Y . 14850 Billy & June Belous 178 Kendall Ave . Ithaca , N . Y . 14850 Robert & Lida Martin 180 Kendall Ave . Ithaca , N . 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