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HomeMy WebLinkAboutZBA Minutes 1979-04-302`B U TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 30 The Town of Ithaca Zoning Board on Monday, April 30, 1979, in Tow Ithaca, New York, at 7:30 p.m. 1979 of Appeals met in regular session Town Hall, 126 East Seneca Street, PRESENT: Vice Chairman Jack D. Hewett, Joan G. Reuning, Edward N. Austen, Edward W. King, Lawrence P. Fabbroni, P.E. (Town Engineer/ Building Inspector), Robert W. Bonnell (Assistant Building Inspector), Nancy M. Fuller (Secretary). ALSO PRESENT: John Bodine, Mark Semlek, Dr. Frederick M. Mitchell, Mario Guidi, Joel Warren, Bob Wright, Lucia Tyler, David A. Tyler, Esq., Leonard J. Snow, Esq., Norman E. Tidd, Todd Ulrich (WTKO). Vice Chairman Hewett declared the meeting duly opened at 7:40 p.m. and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and The Ithaca Journal on April 20, 1979, and April 25, 1979, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of the properties under discussion, as appropriate, and upon the Appellants and/or their Agents, as appropriate, on April 24, 1979. Vice Chairman Hewett introduced the Board members to those present. APPEAL OF MARIO GUIDI, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR BUILDING CLOSER THAN 15 FEET FROM LOT LINE AT 1351 SLATERVILLE ROAD, PARCEL N0. 6-58-1-10.11 ITHACA, N.Y. CERTIFICATE IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 14, AND ARTICLE XIV, SECTION 76, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 7:42 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Guidi was present. Mr. Guidi stated that, after living in the house for eight years, they find they do not have a certificate of occupancy, adding that they had applied for refinancing at the bank and that is where this all came about, and further adding that eight years ago, the bank gave them their mortgage. Mr. Guidi stated that Thomas G. Miller, Surveyor, did a tape check which was submitted to the Board prior to this meeting. Mr. Guidi stated that their corner was closer to the side line than required, adding that at the time they lived next door and owned that property. Mr. Guidi stated that in the sale of the 1353 property, somehow the lines got fouled up, adding that, insofar as this is concerned, the refinancing has been contingent upon getting a certificate of occupancy. Mr. Guidi noted that "this" side is all bedroom sides, commenting that there is no porch they can tear off. Zoning Board of Appeals -2- April 30, 1979 ®Mr. Guidi, commenting that he did not know what to do, stated that it is a hardship for him to move that house, so he was asking the Board under the circumstances to issue a variance to him so they can conclude their mortgage refinancing. Vice Chairman Hewett asked Mr. Guidi if he were changing anything, with Mr. Guidi responding, no, just refinancing. Vice Chairman Hewett asked if there were anyone present speaking for or against this request. No one spoke. Vice Chairman Hewett asked if the Board members had any questions. There were none. Mr. Guidi pointed out that to the south is Frank Cesario, and to the north is Dr. Scheimberg. Vice Chairman Hewett asked if Mr. Guidi had talked with them, with Mr. Guidi responding that he talked with Dr. Scheimberg, and he had no problem. Mr. King asked how far from the north property line the northern corner of the house is. Mr. Guidi stated that he was not sure, but it is more than fifteen feet. Mr. Bonnell noted that there is a creek there to the north of the garage. Mr. Austen stated that he was in favor of granting a side lot ® line variance. MOTION by Mr. Edward Austen, seconded by Mrs. Joan Reuning: RESOLVED, that, based on the following Findings of Fact, the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of the Zoning Ordinance of the Town of Ithaca to allow for the issuance of a Certificate of Occupancy by the Building Inspector of the Town of Ithaca on a lot upon which there exists a house, the setback of which from the southwest property line appears to be no greater than seven feet less than the required fifteen feet and from the southeast property line appears to be no greater than one foot less than the required fifteen feet, such property being located at 1351 Slaterville Road, Ithaca, New York, FINDINGS OF FACT: 1. That a Surveyor's Tape Check Certification, dated March 2, 1979, duly signed by Thomas G. Miller and Richard A. Slade, Licensed Land Surveyors, has been presented which shows that the house setback from the south property line of said lot appears to be 8' at the southwest corner and 1' at the southeast corner. 2. That said house has been in place at least eight years. ® 3. That it is in keeping with the spirit and intent of the Zoning Ordinance to permit such house to remain in that location. Zoning Board of Appeals vote. -3- April 30, 1979 There being no further discussion, the Vice Chair called for a Aye - Reuning, Hewett, Austen. Nay - None. Abstain - King. Mr. King stated that he abstained because he has, in the past, represented Mr. Guidi in certain real property matters. The MOTION was declared to be carried. Vice Chairman Hewett declared the matter of the Guidi Appeal duly closed at 7:50 p.m. APPEAL OF MARK AND SHEILA SEMLEK, APPELLANTS, JOHN BODINE, AS AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR GARAGE CLOSER THAN 10 FEET FROM LOT LINE AT 137 WEST HAVEN ROAD, PARCEL NO, 6-29-6-31, ITHACA, N.Y. CERTIFICATE IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 141 AND ARTICLE XIV, SECTION 76, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 7:51 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Semlek was present, as was his Agent, Mr. Bodine, as well as Mr. and Mrs. David Tyler, Mr. Bodine stated that in 1957 there was the granting of a building permit to Harvey Weaver, adding that the Board has all the diagrams in this matter. Mr. Bodine stated that, apparently, at the time, he also built the garage which is not on the original building permit, adding that in 1959 it was shown on the assessment rolls. Mr. Bodine stated that in 1976, Mr. and Mrs. Semlek purchased the property, they are contemplating leaving the area and have offered their property for sale, adding that one of the stipulations of the purchase offer is that there be a Certificate of Occupancy. Mr. Bodine stated that the front of the garage is 6 +/- feet from the side line, and the back is 7 feet. Mr. Bodine stated that the hardship involved is that, in order to comply, it would involve tearing down part of the garage and loss of sale if they were not able to get a Certificate of Compliance. Mr. King wondered if Mr. Fabbroni had any comments. Mr. Fabbroni stated that the only thing he would add is that there was never a permit for the garage. Mr. Bodine commented that that was about 22 years ago. Mr. Fabbroni stated that the only other thing pertinent is that the garage is to the north side of the house, and, north of the garage is a 50 -foot right of way meant for future access to lands in the back of this house so that there is no structure in that 50 -foot right of way, adding that it is reasonable to assume that a road will be between that structure and the road, if it is ever built. Vice Chairman Hewett wondered if there were any other houses. Zoning Board of Appeals -4- April 30, 1979 ® Mr. King noted that under separation from a street. 13 of the Zoning Ordinance, Section 14, you have to have a 15 -foot Vice Chairman Hewett also read from Section Mr. Bodine noted that, at present, that is not a street and at the present time, there is no approved subdivision, adding that there is only one point of access to the rear lands of Dr. Mitchell, that being the 50 feet north of this garage. Vice Chairman Hewett asked if there were anyone present who wished to object. Dr. Mitchell responded, yes, adding that he owns the right of way which is access to 36 acres of land, and further adding that this definitely will be a road in the future. Mrs. Reuning asked, if this were approved, would that mean that this would not be able to be a road? Mr. King wondered if the Axtell property to the north were improved, with Dr. Mitchell responding, yes, there is a house. Mr. King wondered how far away the house was, with Dr. Mitchell responding, more than 15 feet. Mr. King asked Dr. Mitchell if he were opposing this variance application, with Dr. Mitchell responding that he would oppose it if it jeopardizes the use of the 36 acres. ® Mr. Fabbroni stated that he would say that if the Board first of all wanted to look at this application, that would be a point of fact that the future owners recognize that a road could be built on the 50 feet. Mr. Fabbroni stated that, from an engineering point of view, he thought one could build the road on the 50 feet, commenting that it is more of a detriment to the people who own the garage than those who use the road, adding that the travel portion of the road is 20 feet, and noting that if it is centered, that would be 15 feet plus 5 feet so there would be 20 feet between the actual traveled portion and the actual garage. Dr. Mitchell commented that there would be a grade difference of about 5 feet, adding that it would have to be built up half -way through the garage. Mr. Bodine stated that the garage would not obstruct visibility at the intersection. It was noted that both Axtell and the house have the right to use the right of way. Mr. Bodine stated that the right of way provides access to the garage. Dr. Mitchell stated that there is an 8 -foot drop off West Haven Road to the level of the garage. Mr. King wondered if that meant that Dr. Mitchell will have to fill this all in, with Dr. Mitchell responding, me or someone else. Mr. Bodine noted that the garage is about 80 feet from the road. Mr. Fabbroni stated that the only problem is that you would want ® to come into the road fairly flat, and suggested that, say the garage was 15 feet off that line, it would still have the same basic problem which is elevation, and further suggested that you might have to make the entrance to the driveway a little farther on up. Mr. King asked Zoning Board of Appeals -5- Mr. Fabbroni if he felt that this garage interfere with the view of the intersection. it would not interfere with site distance or that the land slopes from north to south, likely that the travelled portion is going rather than south. Mr. King stated concerned with here, clearly be labelled strip for a roadway, does, April 30, 1979 would not in any way Mr. Fabbroni stated that obstruct traffic, adding so it is probably more .o be more to the north that the only thing this is that any variance as not interfering with adding that if anything Board really has to be it might grant, would the use of the access has to go, the garage Vice Chairman Hewett asked if there were anyone else who wished to be heard. David Tyler, Attorney, spoke from the floor and stated that he was the prospective buyer and would request the Board to look favorably on the request. Attorney Tyler noted that it has been there for over twenty years and he would ask that the Board make official what has been there for a long time. Vice Chairman Hewett asked if there were anyone else who wished to be heard. No one spoke. Vice Chairman Hewett asked if anyone were prepared to offer a motion. ® MOTION by Mr. Edward King, seconded by Mr. Edward Austen: RESOLVED, that in the matter of the Mark and Sheila Semlek Appeal for variance with respect to the location of an existing garage at 137 West Haven Road, the Town of Ithaca Zoning Board of Appeals find and hereby does find: 1. That a Survey Map, dated June 24, 1976, duly signed by Thomas G. Miller and Raymond H. Brashear, Licensed Surveyors, has been presented which shows that the garage set back from the north property line of said lot appears to be 6.5' at the northwest corner and 7.0' at the northeast corner. 2. That said garage has been in place at least twenty years. 3. That it is in keeping with the spirit and intent of the Zoning Ordinance to permit such garage to remain in that location. FURTHER RESOLVED, that said Board of Appeals grant and hereby does grant a variance to approve the location of the garage as it stands, which is within 6.5 feet of the north property line, with the understanding that the granting of this variance is not to be taken as impinging on the possible future use of the 50 -foot (501) proposed roadway to the north, that is, it is not to have any adverse effect ® upon the use of that strip. There being no further discussion, the Vice Chair called for a vote. Zoning Board of Appeals -6- ® Aye - King, Reuning, Hewett, Austen. Nay - None. The MOTION was declared to be carried unanimously. April 30, 1979 Dr. Mitchell expressed his deep concern that the resolution should have been stronger. Mr. King stated that he did not see how the Board could make it any stronger. The remaining Board members expressed their agreement. Dr. Mitchell asked about the method for an appeal from the Board's decision. Mr. King stated that the only appeal from this Board is to the Court. Vice Chairman Hewett declared the matter of the Semlek Appeal duly closed at 8:10 p.m. ADJOURNED APPEAL (FROM APRIL 11, 1979) OF NORMAN E. AND LILLIAN B. TIDD, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO EXTRACT NATURAL PRODUCTS FOR REMOVAL AND SALE OF TOPSOIL AT 801 FIVE MILE DRIVE, PARCEL NO. 6-31-2-181 ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE XIII, SECTION 70, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared the Adjourned Public Hearing in the ® above -noted matter duly opened at 8:13 p.m. and read aloud from the Agenda as posted and as noted above. Mr. Tidd was present, as was his Attorney, Leonard J. Snow, Vice Chairman Hewett stated that four Board members went to the property on April 14, 1979, Mr. King, Mrs. Reuning, Mr. Austen, and himself, Mr. Marion showed them the land, and there was a lead scout bird there, but other than that, no other birds. Mr. Tidd stated that he was down there today and made a thorough investigation of the area, and could not see any; there were no nests except possibly one. Mr. Tidd stated that he went to Mr. Marion's office and talked to the secretary. Mr. Tidd stated that the birds have not come in yet except possibly one lead scout. Mr. Tidd stated that, due to erosion, there is not really a cliff and, possibly, they will not come in at all because a cat can get a foot -hold there now, adding, if there are any, maybe one or two. Mr. King, commenting that he would think it would be a good idea to say what the Board has in mind, stated that the consensus seemed to be that the debris along the roadway at the point ought to be cleaned up, and that Mr. Tidd could proceed to make removals there from certain areas probably without disturbing the birds, but that situation should be monitored to make sure that if the birds are there they would not be disturbed. Mr. Tidd commented that if the birds ® come back, they are there for a very short part of the year. Vice Chairman Hewett stated that May and June are the critical months, adding that the feeling of the Board members was that it would best if Mr. Tidd started up in the other end. Zoning Board of Appeals 1-7- April 30, 1979 ® Mr. King stated that it is also critical that a bond be posted to ensure the cleaning of the debris and the leveling off of a 400 -foot contour within one year, which is what he believed Mr. Tidd had said. Mr. Tidd stated that he had said one or two. Mr. King stated that even two would be okay. Mr. Tidd stated that it does not take too long to clean up that debris,. adding, as far as that goes, no problem. Mr. King wanted to make sure that Mr. Tidd would not be adding to the debris. Mr. Tidd responded, no, adding, three truck loads and it is gone. Mr. King told Mr. Tidd to make sure the site generally is kept clean, adding that they had noticed beer cans there. Mr. Tidd stated that this was the first time that it was called to his attention that this was offensive to anyone, adding that nobody said anything to him. Mr. King stated that the other thing was the pipeline to make sure that that gets lowered down to meet the rest of Mr. Tidd's contour. Mr. Tidd stated that he had seen Mr. Jamorusty at NYSEG and they have talked it over, adding that he lays out where the line is. Mr. Tidd stated that Mr. Jamorusty told him that if he gets it, NYSEG will stake it out and drop it down. Mr. Tidd stated that he did not anticipate any problems; he will check, however, to make sure he did not create a hazard. Mr. Austen suggested that Mr. Tidd should get that in writing ® from the Power Company, adding that it could run into a very expensive proposition. Mr. Tidd commented that that might be a good idea. Vice Chairman Hewett asked if there were anyone present who wished to speak to this matter. No one spoke. Mr. King read from a proposed resolution and findings. Mr. Fabbroni suggested that the Board put in if you are giving 24 months or giving 28 months. The Board members agreed on 28 months. Attorney Snow asked how much the Board would want for the performance bond. Mr. King suggested $5,000.00. Mr. Fabbroni suggested that the other option is a letter of credit with a bank. Mr. King stated that the thought was that Mr. Tidd does the whole operation, and that the Town would have the funds to carry it out, including the relocation of the gas line, but the gas line is the biggest single consideration. Mr. Tidd stated that performance bonds are not as non -costly as the Board might think. Attorney Snow wondered if this could be subject to some further investigation, and if Mr. Tidd can handle it, he would do it, or come back to the Board at another time. Mr. Austen suggested that if Mr. Tidd could get an agreement with the Power Company as to the cost of relocating the line, it seems that a bond in that amount would be sufficient. Mr. Tidd stated that he ® agreed. Mr. Fabbroni stated that he did know that the Town runs into the same problem in a subdivision to get a bond for a road, adding that Zoning Board of Appeals -8- April 30, 1979 ® the banks want you to put up almost as much money as the bond you are asking for, and further adding that everyone seems to prefer a letter of credit. Mr. Fabbroni stated that he was not sure how it works but, perhaps they tie up your assets, however, the end result is the same -- you protect the Town, adding that he would say to look into that option also, and noting that the Town Board has accepted the letter of credit approach on roads for paving. Mr. Fabbroni stated that his only other thought is you are talking about the worst case where you have to pay for the gas line relocating and the levelling off after. MOTION by Mr. Edward King, seconded by Mr. Edward Austen: WHEREAS, the subject property, which is nearly triangular in shape and is located on the easterly side of Five Mile Drive at its intersection with the southwesterly line of a private, dirt road, contains a natural, grassy mound of sandy loam which rises as much as fifteen feet above the general level of the area, viz, from a general level of about 405 feet msl to something in excess of 420 feet msl; and contains approximately one acre of land with perhaps something less than 10,000 cubic yards of such "topsoil" material thereon above such approximated 405 -foot msl level; AND WHEREAS, such soil deposits have been excavated, and material removed, from these sites on the northerly end of the lot, extensive excavations having been made on the westerly side of the mound with ® two lesser excavations on the easterly side thereof, leaving exposed, steep banks, in two of which bank swallows have nested in 1977 and 1978; AND WHEREAS, evidence presented to the Zoning Board of Appeals indicated that many of the nests and fledgling birds were destroyed last summer by mining of the bank on the northeasterly face of the mound; and it appears from the evidence that the birds will nest in the bank only if it presents a rather precipitous face, and that disruption of the bird habitat is to be avoided during the nesting season which runs from approximately late April into late August each year, and the Board having visited the site on April 14, 1979, and there being no bank swallows in evidence at that time, contrary to expectations that the birds might arrive as early as April 1st; AND WHEREAS, Section 70 of the Zoning Ordinance of the Town of Ithaca provides for the regulation of the extraction of natural products by requiring the Special Approval of the Zoning Board of Appeals, such section requiring the submission of a plan of the proposed project and proposed removal, with proposed regrading and replanting of the property upon completion, the Board being enjoined to take into account the possible future development of land and the possible nuisance or detriment of the operation, and the Board being empowered to impose such conditions as it deems necessary to protect the general welfare of the community, such possible conditions including placing time limits upon operations and requiring a performance bond$ AND WHEREAS, in addition to the findings of the foregoing facts Zoning Board of Appeals -9- April 30, 1979 ® recited hereinabove, the Board further finds that: 1. The property is in an R-9 Residence Zone, 2. There has been a substantial amount of brush, tree roots, and debris collected and piled along the roadway at the northerly end of the lot, and beer cans and other debris have been deposited on other portions of the lot. 3. A buried gas pipeline runs along the westerly side of the lot parallel to the Five Mile Drive, and it is reputedly buried about 5 feet deep and runs over the top of the hill, and it would be quite expensive to excavate to the considerable depth now necessary to drop such lot to an approximate 400 feet msl level, but that if the material was excavated from the immediate area of the line, it could then be re -buried at the new level without undue expense. 4. It may be possible to conduct mining operations of the southerly side of the lot or on the more gradually -sloped open faces of the bank where no birds are nesting, without unduly disturbing nesting bank swallows on the other open faces of the mound, but the situation would have to be carefully monitored during any operation conducted between April 1st and September 30th to be sure that the operations were not injurious to such swallows as ® may be nesting there. 5. The applicant desires to remove the entire mound within the next twelve to twenty-eight months, and to level and grade the lot to a level near the present elevation of the roadway, viz, about the 405 -foot msl contours and he has expressed his willingness to attend to relocation of the gas pipeline to below such level so that it would not be left buried in a ridge at its present location (such possible pipeline ridge being deemed by the Board an objectionable feature which must be avoided in these operations), NOW, THEREFORE, BE IT RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to Mr. Norman E. Tidd a special permit under Section 70 of the Zoning Ordinance to remove the top soil material from the site of his property down to a level of approximately 405 feet msl, in accordance with his plan, within the next 30 months, this approval being expressly contingent upon the following: (1) That existing debris along the westerly side of the property be removed promptly hereafter and that generally during the operation, Mr. Tidd sees that the site is kept clear of debris. (2) That the operations be stopped at any time after it appears that ® the bank swallows have moved in, and that the operations are in no way upsetting or jeopardizing the birds. (3) That Mr. Tidd supply to the Enforcement Officer such agreement as Zoning Board of Appeals -10- April 30, 1979 ® he can obtain with the NYSEG Company for the eventual relocation of the gas pipeline, before the expiration of these 30 months, to below the new surface level of approximately 405 feet. (4) That Mr. Tidd either post a performance bond running to the Town of Ithaca, or a letter of credit in an amount which would be $1,000.00 more than the cost of lowering the pipeline to the desired level, the bond or the letter of credit being contingent upon the completion of this levelling of the property within the 30 months and completion of the plan generally. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, King, Austen, Reuning, Nay - None. The MOTION was declared to be carried unanimously. Mr. Tidd asked if it would be possible for him to go in immediately and remove the debris, and if the swallows are not there, begin levelling. The Board members agreed that they saw no objection at this time as long as the birds are not disturbed. ® Assistant Building Inspector Robert Bonnell agreed to inspect the site for Mr. Tidd before he goes ahead. Vice Chairman Hewett declared the Tidd excavation matter duly closed at 8:43 p.m. ADJOURNED APPEAL (FROM APRIL 11, 1979) OF DEWITT HISTORICAL SOCIETY, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE AN OCCUPIED HOUSE TRAILER AT 1406 TRUMANSBURG ROAD, PARCEL NO. 6-24-1-25.3, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE XIII, SECTION 59, PARAGRAPH b, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared the Adjourned Public Hearing in the above -noted matter duly opened at 8:46 p.m. and read aloud from the Agenda as posted and as noted above. No one was present in regard to this matter. Mr. Fabbroni stated that he had talked to Attorney Armand Adams, Attorney for the DeWitt Historical Society right after the last meeting, April 11th, and it appeared that the Society was not in favor of this proposal. MOTION by Mr. Edward King, seconded by Mrs. Joan Reuning: ® RESOLVED, that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the DeWitt Historical Society Appeal sine die. Zoning Board of Appeals -11- April 30, 1979 ® There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, King, Austen, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the DeWitt Historical Society Appeal duly adjourned. INFORMAL DISCUSSION Mr. Joel. Warren and Mr. Robert Wright appeared before the Board and stated that they have purchased the Marshall Farm which includes the building to the east of the barn that burned -- 1319 Mecklenburg Road. Mr. Wright spoke of a clock manufacturer and three employees, and noted that Varaxon is gone, and so they need to move fairly rapidly. Mr. Wright stated that they were interested in the Board's general reaction. Mr. Wright spoke of various kinds of machinery needed, such as normal woodworking machinery having to do with clocks made from scratch and also small furniture. Mr. Wright noted that this building has been used for storage, however, it needs extensive remodelling. Mr. Wright outlined the building requirements, noting that it is a concrete building. ® Mr. Bonnell noted that there is some question as to whether the permits have to be renewed, commenting that the Town has to get all the stuff up there under permit, including signs. Mr. Wright stated that that is what they want to get straight all the things needed to be done. Mr. King suggested that Mr. Wright show the Board what he and Mr. Warren want and where they want to locate it. Mr. Bonnell mentioned the matter of junk cars also. Vice Chairman Hewett stated that he saw no negative response from the Board. Mr. Wright stated that they will proceed with an appeal for the clockmaker. ADJOURNMENT Upon Motion, Vice Chairman Hewett declared the April 30, 1979 meeting of the Town of Ithaca Zoning Board of Appeals meeting duly adjourned at 9:00 p.m. ® Respectfully submitted, Nancy M. Fuller, Secretary, Town of Ithaca Zoning Board of Appeals. Jack D. Hewett, Vice Chairman. AT a Public Hearing of the Zoning Board o Appeals of the Town of Ithaca, County of Tompkins, State of New York, held i the Town Hall, 126 East Seneca Street, in the City of Ithaca, on April 30, 1979. PRESENT: Jack D. Hewett, Vice -Chairman Edward W. King (withdrew Edward N. Austen Joan Reuning from discussion) * * * * * * * * * * * * * * * * * * * * * * In the Matter of Application * Of To vary the requirements Ordinance of the MARIO GUIDI Town of of the Zoning Ithaca with * * * * ORDER GRANTING VARIANCE respect to the premises located at 1351 Slaterville Tax Parcel No. New York Road, Town 6-58-1-10.1, of Ithaca Ithaca, * * * * * * * * * * * * * * * * * * * * * * An application in the above matter to vary the requirements of the Zoning Ordinance of the Town of Ithaca to allow for the issu- ance of a Certificate of Occupancy by the Building Inspector of the Town of Ithaca on a lot upon which there exists a house the set back of which from the southwest property line appears to be no greater than seven feet (71) less than the required fifteen feet (151) and from the southeast property line appears to be no grea- ter than one foot (11) less than the required fifteen feet (151), such property being located at 1351 Slaterville Road, Ithaca, New York, Town of Ithaca Tax Parcel No. 6-58-1-10.1, having been pre- sented by MARIO GUIDI, to the Zoning Board of Appeals of the Town of Ithaca, and a public hearing by said Board having been duly held after published notice at the place stated above on April 30, 1979, and consideration having been given to the promotion of the health, safety, morals and general welfare of the community in harmony with the general purpose and intent of the ordinance and it having been resolved and determined following such hearing that a need for the use in question exists, and that the convenience and prosperity of the community will be served, and further, that the neighboring persons and property will not be adversely affected and substantia], justice be done by entry of this Order, it is hereby ORDERED, that this Variance be granted. FINDINGS OF FACT: 1. That a Surveyor's Tape Check Certification, dated March 2 1979, duly signed by Thomas G. Miller and Richard A. Slade, Licensed Land Surveyors, has been presented which shows that the 41 house set back from the south property line of said lot appears to be 8' at the southwest corner and 1' at the southeast corner. 2. That said house has been in place at least eight years. 3. That it is in keeping with the.spirit.and intent of the Zoning Ordinance to permit such house to remain in that location. II Dated. Ithaca, New York May 9, 1979 k D. Hewett, 'dice -Chairman ing Board of Appeals n of Ithaca • AT a Public Hearing of the Zoning Board of Appeals of the Town of Ithaca, County of Tompkins, State of New York, held in the Town Hall, 126 East Seneca Street, in the City of Ithaca, on April 30, 1979. PRESENT: Jack D. Hewett, Vice -Chairman Edward W. King Edward N. Austen Joan Reuning * * * * * * * * * * * * * * * * * * * * * * * In the Matter of Application of MARK AND SHEILA SEMLEK * ORDER * GRANTING To vary the requirements of the Zoning * VARIANCE Ordinance of the Town of Ithaca with respect ,to the premises located at 137 West Haven Road, Town of Ithaca Tax Parcel No. 6-29-6-31, Ithaca, New York An application in the above matter to vary the requirements of the Zoning Ordinance of the Town of Ithaca to allow for the issuance of a Certificate of Occupancy by the Building Inspector of the Town of Ithaca on a lot upon which there exists a house and a garage, the set back of which garage from the north property line appears to be no greater than three and one-half feet (3.5') less than the required ten feet (10'), such property being located at'137 West Haven Road, Ithaca, New York, Town of Ithaca Tax Parcel No. 6-29-6-31, having been presented by MARK and SHEILA SEMLEK, John Bodine, as Agent, to the Zoning Board of Appeals of the.Town of Ithaca, and a public hearing by said Board having been duly held after published notice at the place stated above on April 30, 1979, and consideration having been given to the promo- tion of the health, safety, morals and general welfare of the community in harmony with.the general purpose and intent of the ordinance and it having been resolved and determined following such hearing that a need for the use in question exists, and that the convenience and prosperity of•the community will be served, and further, that the neighboring persons and property will not be adversely affected and substantial justice be done by entry of this Order, it is hereby ORDERED, that this Variance be granted with the understanding that the granting of this variance is not to be taken as impinging the possible future use of the fifty foot (50') proposed roadway to the north, that is, it is not to have any adverse effect upon the use of that strip. FINDINGS OF FACT: 1. That a Survey Map, dated June 24, 1976, duly signed by Thomas G. Miller and Raymond H. Brashear, Licensed Surveyors, has been presented which shows that the garage set back from the north property line of said lot appears to be 6.5' at the northwest corner and 7.0' at the northeast corner. 2. That said garage has been in place at least twenty years. 3. That it is in keeping with the spirit and intent of the Zoning Ordinance to permit such garage to remain in that location. (sgd.) Jack D. Hewett Jack D. Hewett, Vice -Chairman Zoning Board of Appeals Town of Ithaca Dated: Ithaca, New York May 7, 1979 on I