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HomeMy WebLinkAboutZBA Minutes 1978-01-23 �� � C � � f�� �� � � �� � P fE i F 4 {P{ {FprF f E f f TOWN OF ITHACA ZONING BOARD OF APPEALS ADJOURNED MEETING JANUARY 23 , 1978 An adjourned Meeting ( from January 10 , 1978 ) 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 Monday , January 231 19785 at 7 : 30 P . M . PRESENT : Vice - Chairman Jack Hewett , Joan Reuning , Edward King , Edward Austen , Lawrence Fabbroni ( Building Inspector ) . ALSO PRESENT : Robert Hamilton , Contractor , Dryden , New York ; Robert Julian , 203 Salem Drive ; Harry Missirian , 139 Simsbury Drive ; Mr . and Mrs . Edward Rizk , 41 Fairview Square ; Dr . Leo Cacciotti , 303 St . Catherine Lane , Vice - Chairman Hewett called the adjourned meeting to order at 7 : 42 p . m . and stated that this meeting was adjourned from January 10 , 1978 , in order to hear the Appeal of Robert Hamilton who had been unable to attend because of the snowstorm . 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 . 491 ® ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice - Chairman Hewett declared the adjourned Public Hearing in the above - noted matter duly opened at 7 : 43 p . m . Mr . Hamilton appeared before the Board and presented plans of the house that he wishes to construct for Mr . Julian on the parcel in ques - tion . Mr . Hamilton stated that . a variance to the side lot requirements is requested because there is a sewer line going across this lot . Mr . Hamilton presented a scale drawing of the lot and noted that the 15 ' side yard requirement and the 35 ' set back requirement for the front causes a problem because the corner of the house would cut right over the sewer line . Mr . Hamilton had prepared a to scale cut - out of the proposed house and superimposed that on the scale drawing of the lot to indicate to the Board the predicament . Mr . King asked how deep the sewer line is . Mr . Hamilton stated that it is 6 ' deep and also noted that the sewer line is not where it is supposed to be according to the plans prepared by Arthur Prince . He commented that if it were , the situation would be worse . Mr . King asked if it were a full - basement house . Mr . Hamilton stated that the house has a half - basement . He stated that the sewer line is on the southwest corner of this proposed home and that Blackstone Avenue is to the east . The basement would be in the southerly wing of the house . The basement should not be much below ground level of the lot near the sewer line . Mr . Hamilton added that the basement will not be anywhere near as deep as the sewer line . Mr . Fabbroni pointed out that the set back requirement for the front yard is only 251 , not 351 , in an R- 15 zone . Mr . Hamilton said A ., Z oning Board of Appeals - 2 - January 23 , 1978 that he had thought it was 35 ' so he guessed they do not have a pro - blem . Mr . Fabbroni stated that there is a problem if the sewer line ever has to be dug up he will never have a trench that will hold enough to stay away from the house . Mr . King asked how far the southwest corner of the house would come from the sewer line in view of the 25 ' set back . By superimposing the scale cut - out on the scale of the lot , Mr . Hamilton stated about 3 ' . Mr . Fabbroni noted that it is normally required that there be 10 ' clear each side of a sewer line . Mr . Fabbroni , speaking from an engineering point of view , asked about placing the house closer to Blackstone Avenue , i . e . , going to a 20 ' set back , that would allow 8 ' from the sewer . It would be better from the standpoint of the Town and the neighbors . Mr . Hamilton pointed out that there is a shale base next to the sewer line . Mr . Fabbroni continued and stated that there is about 15 ' more before you get to the shoulder of the road and practically speaking there is almost 35 ' for the front yard if it were moved toward Blackstone Avenue about 5 ' . Mr . Julian appeared concerned that from the lot line the house would be roughly 20 ' which he felt was a little close for his liking . Dr . Cacciotti expressed concern for the stream and asked what will happen to it . Dr . Cacciotti stated that he had lived up there longer than anybody and that that stream runs into a secondary stream and we ® are talking about 12 ' or 15 ' of water . He asked when the building is being done what does it do to the stream . Mr . Hamilton said that they want to straighten out the stream somewhat but not change the flow at all . Dr . Cacciotti stated that when that stream blows up it goes toward the road ; the creek runs over his sewer line . Dr . Cacciotti urged that any diversion of the stream should be looked at very closely . Mr . Hamilton commented that the driveway sluice pipe that Dr . Cacciotti has does not seem to be large enough for the water going through it . Mr . Fabbroni stated that the point that the Dr . has brought up will be kept clearly in mind in terms of what the Town will allow and what it will not allow . Much time and effort was spent by the Board and Mr . Fabbroni and the appellants in trying to locate the house on the lot in a responsible manner , both aesthetically and engineeringly . Mr . Julian stated that because of the many lovely trees involved he simply does not want to be located that close to Blackstone Avenue , Mr . King suggested that with the knowledge that they have 10 more feet of front set back than they thought , the appellants go back to the drawing board and come up with a plan . Mr . Fabbroni commented that 5 ' from the sewer line would give them 25 ' from the roadway . Mr . Julian stated that he and Mr . Hamilton will go and stake the house out and see how it looks . He repeated that they do not want to destroy the trees . Mr . King suggested that when they do stake the house out they call the neighbors over and have them look at it to see how they consider the matter . Mr . King pointed out that if a front yard variance is proposed the matter must be re - advertised . " Zoning Board of Appeals - 3 - January 23 , 1978 Mr . Hamilton asked that he be allowed to withdraw his application ® for side lot variance without prejudice to his right to re - apply for variance . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca approve of and hereby does approve of the withdrawal without prejudice of the appeal of Mr . Robert C . Hamilton for side yard variance for Parcel No . 6 - 71 - 1 - 11 . 49 , 316 Blackstone Avenue , Town of Ithaca . 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 . The Vice - Chairman declared the Public Hearing in the matter of the Appeal of Robert C . Hamilton duly closed at 8 : 25 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 adjourned Public Hearing in the above - noted matter duly opened at 8 : 26 p . m . The Secretary reported that Mrs . Rumsey had stated by telephone on this day that she and Mr . Rumsey would be unable to attend this adjourned hearing because their plans were not yet complete . Upon Motion of Mr . Edward King , duly seconded by Mr . Jack Hewett , and with all members present voting aye , the Board adjourned the Appeal of Edward and Margaret Rumsey sine die until such time as they may come back to the Board with additional information . ADJOURNMENT Upon Motion , the meeting of the Zoning Board of Appeals was duly adjourned at 8 : 29 p . m . Respectfully submitted , Nancy M . Fuller , �.: " Secretary .