HomeMy WebLinkAboutZBA Minutes 1980-05-14 023 WN j�
TOWN OF ITHACA ZONING BOARD OF APPEALS
WEDNESDAY , MAY 14 , 1980
The Town of Ithaca Zoning Board of Appeals met in regular
session on Wednesday , May 14 , 1980 , in Town Hall , 126 East Seneca
Street , Ithaca , New York , at 7 : 30 p . m .
PRESENT : Chairman Peter K . Francese , Edward W . King , Joan G .
Reuning , Edward N . Austen , Lewis D . Cartee ( Building
Inspector ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Peter Costanza , Esq . , Orlando Iacovelli , Vincent
P . Hannan , Michael Hannan .
Chairman Francese declared the meeting duly opened at 7 : 35
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 29 , 1980 and May 2 , 1980 ,
respectively , together with the Secretary ' s Affidavit of Service
by Mail of said Notice upon the various neighbors of each of the
properties in question [ with the exception of the Gilbert Appeal
adjourned hearing ] , upon the Finger Lakes State Parks Commission ,
and upon each of the appellants as party to the action , on May 1 ,
® 1980 .
ADJOURNED APPEAL OF SIDNEY GILBERT IN RE 1033 DANBY ROAD .
( ADJOURNED FROM APRIL 8 , 1980 . )
Chairman Francese declared the Adjourned Public Hearing
( from April 8 , 19.80 ) in the above -noted matter duly opened at
7 : 36 p . m . Chairman Francese noted that this hearing has to do
with there being , more than three unrelated persons in a
two - family dwelling , i . e . , five unrelated persons . Mr . Peter
Costanza , Attorney representing Mr . Gilbert , was present .
Mr . Costanza stated that at the earlier meeting the tenants
had come down to appear before the Board . Chairman Francese
stated that that was correct and summarized as follows : The
house is in a fair amount of disrepair ; inexpensive to rent , very
expensive to 'heat ; not insulated ; no storm windows , weather
stripping , etc . ; owner did not wish to make any repairs but the
tenants have done some themselves . Mr . Costanza asked if the
tenants had indicated that they wanted to stay there . Chairman
Francese stated that they indicated that they could probably find
some other place , which they could because they had no leases .
Chairman Francese commented that in most of the cases this Board
has had , there have been leases involved ; in this case , without
any leases , it is somewhat different . Chairman Francese stated
that the tenants did not indicate to the Board any hardship
imposed on them in moving within , say , 90 days . Mr . King stated
that they were not anxious to move , however .
' r
ZoningBoard of
Appeals 2 May 14 , 1980 •
Mr . Costanza stated that it seemed to be clear that the
Board did not feel inclined to grant this Appeal , therefore , he
would appreciate the Board stating that in a letter and he will
discuss it with Mr . Gilbert and see what he wants to do .
Mr . Cartee stated that somewhat over a year ago there was a
welfare family living there with complaints from neighbors across
the street as to garbage and generally very unsightly property .
Chairman Francese stated that no specific complaint was received
before by the Board . Chairman Francese noted that the Board has
had a number of cases just like this .
Mr . King asked exactly where the house is . Mr . Cartee
described the location , noting that it is the green house near
the Hayloft Apartments on the same side of the road . Mr . King
stated that the Committee is going to turn the proposed zoning
ordinance over to the Town Attorney , apparently within a month or
six weeks , then it will go to the Town Board in September or
October . Mr . King suggested to Mr . Costanza that he could , of
course , appeal to the Town Board to amend the zoning ordinance
immediately at this time .
Chairman Francese asked if there were anyone present who
wished to speak to the matter of the Gilbert Appeal . No one
spoke .
® MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
deny and hereby does deny the Appeal of Sidney Gilbert ,
Appellant , from the decision of the Building Inspector denying
permission for the occupancy of a two - family dwelling by five or
more unrelated persons at 1033 Danby Road , Town of Ithaca Tax
Parcel No . 6 - 43 - 1 - 6 .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , King , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the matter of the Gilbert Appeal
duly closed at 7 : 47 p . m .
APPEAL OF RICHARD J . AND PHYLLIS H . SULLIVAN , APPELLANTS , FROM
THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE
OCCUPANCY OF A SINGLE FAMILY HOME BY FOUR UNRELATED PERSONS AT
242 CODDINGTON ROAD , PARCEL N0 . 6 - 41 - 1 - 26 , ITHACA , N . Y .
PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 1 ,
OF THE TOWN OF ITHACA ZONING ORDINANCE .
Zoning Board of Appeals 3 May 14 , 1980
® Chairman Francese declared the Public Hearing in the
above - noted matter duly opened at 7 : 48 p . m . Chairman Francese
read aloud from the Notice of Public Hearings as published and as
noted above and referenced the Appeal Form as signed and
submitted by Richard J . Sullivan under date of April 7 , 1980 .
Said Appeal reads as follows : " . . . Having been denied permission
to have four unrelated persons in a single family home . . . I have a
lease with four Ithaca College students until the end of August .
If I had to put one of the students out I ' m not sure what legal
right they have . This far into the school year it would be hard
to find a place for one to live . I also feel it would be a
hardship on me and the remaining three students to maintain the
house . "
Chairman Francese asked that the record show that Mr .
Sullivan could not appear but had submitted his lease with the
tenants which expires on August 31 , 1980 , with four tenants .
Chairman Francese stated that this matter appears to be just like
all the others the Board has heard and suggested that the Board
adjourn the hearing and inform Mr . Sullivan that he should bring
the occupancy level into compliance . Chairman Francese asked if
Mr . Cartee could inform Mr . Sullivan that the rent does not seem
to be unreasonable and could go for three persons as well as
four .
® For the record , the following letter , dated May 7 , 1980 ,
from Frank R . Liguori , Tompkins County Commissioner of Planning ,
addressed to Mr . Lewis D . Cartee , was received on May 8 , 1980 :
" . . . Re : Zoning Review pursuant to Section 239 - 1 and -m of the
New York State General Municipal Law .
Case : Appeal of Richard J . and Phyllis H . Sullivan .
. . .
This will acknowledge the receipt of your proposal for review
under Section 239 -m .
The proposal , as submitted , will have no significant deleterious
impact on intercommunity , county , or state interests . Therefore ,
no recommendation is indicated by the County Planning Department
and you are free to act without prejudice . "
MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning :
RESOLVED , that the Zoning Board of Appeals of the Town of
Ithaca adjourn and hereby does adjourn the public hearing in the
matter of the Sullivan Appeal until the first meeting of said
Board in September 1980 .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , King , Reuning , Austen .
Nay - None .
•, 1
Zoning Board of Appeals 4 May 14 , 1980
The MOTION was declared to be carried unanimously .
Chairman Francese declared the matter of the Sullivan Appeal
. duly adjourned .
APPEAL OF DELL L . AND LILLIAN GROVER , APPELLANTS , FROM THE
DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE
OCCUPANCY OF A TWO- FAMILY HOME BY FIVE OR MORE UNRELATED PERSONS
AT 1020 DANBY ROAD , PARCEL NO . 6 - 39 - 1 - 6 , ITHACA , N . Y . PERMISSION
IS DENIED UNDER ARTICLE III , SECTION 4 ( 2 ) ( a ) ( 3 ) , OF THE TOWN OF
ITHACA ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the
above - noted matter duly opened at 8 : 00 p . m . and read aloud from
the Notice of Public Hearings as published and as noted above .
Chairman Francese referenced the Appeal Form as signed and
submitted by William P . Grover under date of April 4 , 1980 . Said
Appeal reads as follows : " . . . Having been denied permission to
have more than three unrelated persons living at the house at
1020 Danby Rd . . . . I have been informed that more than 3 people ,
all of whom are unrelated , are now residing in this house . I
leased to only 3 persons . The present leases expire on May 31 ,
1980 and from that point on it will be made clear to any new
tenants that they cannot sublet the apartments in violation of
the zoning ordinance . To require me to commence eviction
® proceedings at this point would be a hardship to me . "
For the record , the following letter , dated May 7 , 1980 ,
from Frank R . Liguori , Tompkins County Commissioner of Planning ,
addressed to Mr . Lewis D . Cartee , was received on May 8 , 1980 :
" . . . Re : Zoning Review pursuant to Section 239 - 1 and -m of the
New York State General Municipal Law .
Case : Appeal of Dell L . and Lillian Grover .
. . .
This will acknowledge the receipt of your proposal for review
under Section 239 -m .
The proposal , as submitted , will have no significant deleterious
impact on intercommunity , county , or state interests . Therefore ,
no recommendation is indicated by the County Planning Department
and you are free to act without prejudice . "
Chairman Francese noted that the Appeal had attached two
leases with a total of three persons and that the leases with the
present tenants expire on May 31 and June 1 , 1980 , respectively ,
i . e . , in approximately two weeks . Chairman Francese noted that
Mr . Grover has also indicated that the new tenants will be
informed of the requirements of the zoning ordinance and that
they cannot violate the ordinance thereafter .
MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning :
RESOLVED , that the Zoning Board of Appeals of the Town of
Ithaca adjourn and hereby does adjourn the Public Hearing in the
Zoning Board of Appeals 5 May 14 , 1980
® matter of the Grover Appeal until the June 1980 meeting of said
Board , during which time the Building Inspector , Mr . Cartee , will
inspect the premises and report back to said Board that the
building is in compliance with the occupancy requirements of the
zoning ordinance .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , King , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing in the matter
of the Grover Appeal duly adjourned .
APPEAL OF ORLANDO IACOVELLI ET AL AND RALPH G . IACOVELLI ET AL ,
APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING
BUILDING PERMIT FOR THE CONSTRUCTION OF A TWO - FAMILY HOUSE WITH
EQUAL - SIZED DWELLING UNITS AT 362 WEST KING ROAD , PARCELS NO .
6 - 35 - 2 - 6 . 1 AND 6 - 35 - 2 - 6 . 3 , ITHACA , N . Y . PERMISSION IS DENIED
UNDER ARTICLE V , SECTION 18 , PARAGRAPH 2 , AND ARTICLE XIV ,
SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE .
® Chairman Francese declared the Public Hearing in the
above - noted matter duly opened at 8 : 15 p . m . and read aloud from
the Notice of Public Hearings as published and as noted above .
Chairman Francese referenced the Appeal Form as signed and
submitted by Orlando Iacovelli under date of April 24 , 1980 , with
attached Health Department approvals , site plan and house plan .
Said Appeal reads as follows : " . . . Having been denied permission
to construct a two- family house with equal - sized dwelling units
at 362 West King Road , Parcels No . 6 - 35 - 2 - 6 . 1 and 6 . 3 . . . Statement
will be made to Board of Appeals . " Mr . Orlando Iacovelli was
present .
Chairman Francese asked Mr . Iacovelli how big a lot is
involved in this case . Mr . Iacovelli stated that they went to
the Planning Board last week and they gave him preliminary
approval for four lots and each lot is about one acre . Chairman
Francese asked if Mr . Iacovelli were going to build three more
houses just like this proposed one . Mr . Iacovelli stated that he
could not say at this time , adding that it depends on how things
go . Chairman Francese asked for a description of the location of
this parcel , Mr . Cartee described its location on West King Road ,
Chairman Francese asked that the record show that the
subdivision plan of Mr . Iacovelli ' s property on West King Road
was granted preliminary approval by the Town of Ithaca Planning
Board at its meeting on May 61 1980 . Following is the record
® from the meeting :
Zoning Board of Appeals 6 May 14 , 1980
" PUBLIC HEARING : PRELIMINARY SUBDIVISION HEARING FOR 4 - LOT
SUBDIVISION PROPOSED ON TAX PARCELS 6 - 35 - 2 - 6 . 1 AND 6 - 35 - 2 - 6 . 3 ,
362 WEST KING ROAD , BY ORLANDO IACOVELLI ET AL AND RALPH
IACOVELLI ET AL .
Chairman Aron declared the Public Hearing in the above -noted
mater duly opened at 8 : 45 p . m . and accepted for the record the
Clerk ' s Affidavit of Posting and Publication of the Notice of
Public Hearing in Town Hall and the Ithaca Journal on April 28 ,
1980 and May 1 , 1980 , respectively .
Chairman Aron declared the Planning Board lead agent in the
matter of environmental review . Mr . Aron noted that the EAF ,
short form , as completed and signed by Orlando Iacovelli , dated
April 21 , 1980 , had been reviewed by the Town Planner who
recommended to the Board that there would be no significant
environmental impacts resulting from this project and further
recommending that the Planning Board make a negative declaration
- - determination of non - significance . Mr . Aron stated that the
Health Department had also inspected and reviewed the proposal
and under signature of Carl Burgess , dated August 23 , 1979 ,
indicated that no further environmental review was needed as the
action will not have a significant effect upon the environment .
He noted that the Health Department has issued a permit for
sewage system for Lot # 1 .
® MOTION by ' Mr . Henry Aron , seconded by Mr . Edward Mazza :
RESOLVED , tht the Town of Ithaca Planning Board , acting as
lead agency in the review of the proposed 4 - lot subdivision at
362 West King Road , by Iacovelli , approve and hereby does approve
the Environmental Assessment Form as completed ; and
FURTHER RESOLVED , that pursuant to the State Environmental
Quality Review Act , Part 617 , this action is classified as
Unlisted ; and
FURTHER RESOLVED , that the Town of Ithaca Planning Board has
determined from the Environmental Assessment Form and all
pertinent information that the above -mentioned action will not
significantly impact the environment and , therefore , will not
require further environmental review .
By way of discussion , Mr . Stanton wanted to be sure that
there was no grading involved except excavations . Mr . James
Iacovelli , representing Mr . Orlando Iacovelli , replied that there
would be no grading , commenting that the land is very well
smoothed out .
There being no further discussion , the Chair called for a
vote .
® Aye - Aron , May , Schultz , Mazza , Bronfenbrenner , Baker , Stanton ,
Grigorov .
Zoning Board of Appeals 7 May 14 , 1980
Nay - None .
The MOTION was declared to be carried unanimously .
Mr . Aron noted that sand filters would be utilized for the
project . Mr . Iacovelli stated that whatever the Health
Department requires will be done , otherwise , no permits will be
issued . Mr . Aron asked how big the cul - de - sac is . Mr . Iacovelli
replied that he did not know , but whatever Mr . Fabbroni required
would be done . Mr . Aron noted that the Iacovellis are in the
process of building on Lot # 1 .
Mr . Mazza commented that the area contains about 9 acres to
be divided into 4 lots . Mr . Iacovelli stated that that was not
correct , the whole area contains 9 acres of which the 4 - lot
subdivision is a part . Mr . Aron stated that the Iacovellis own
the adjacent land . Mr . Aron requested that any final
presentation show a topographical map with property pins located .
Mr . Iacovelli said that the land is flat . Comment was made in re
surface water shedding into the creek . Mr . Iacovelli said that
there is a gradual slope all the way to the creek . Mr . Mazza
asked about any culverts . Mr . Fabbroni stated that he would want
any water to go between Lot # 2 and Lot # 4 , and between Lot # 3 and
Lot # 4 , along property lines . Mr . Stanton noted that Lot # 4 is
very large . Mr . Iacovelli indicated that any development of Lot
# 4 would be in the future . Mr . Iacovelli stated that the Health
Department governs pretty much what one does , adding that they
have to have a 200 ' circle .
Mr . Fabbroni stated that the following conditions should be
met :
1 . The road right of way has to be a 60 ' right of way .
2 . That the proposed path of the water , particularly from the
road to the stream , should be delineated by some arrows and
should be , preferably , along the lot lines .
Mr . Fabbroni noted that the road , then , within the right of
way will conform with the highway specifications .
Mr . Stanton stated that he thought it ought to be clear
where the pins are . Mr . Fabbroni asked which survey pins are
actually there now . Mr . Iacovelli replied that they are the ones
that are circled on the drawing .
Mr . Aron stated that any future plan presentation should
show the property pins and distances from pin to pin . Mr . Aron
said a topo map and water flow map with culvert should also be
presented . Mr . Fabbroni stated that requiring a topo is pretty
much up to the Board . Mr . Aron noted that the land is fairly
flat , probably 10 ' from the road to the creek which is pretty
flat .
Zoning Board of Appeals 8 May 14 , 1980
Mr . Mazza stated that the Board needs to see where the water
is going to go and does not require a very expensive map . He
stated that he is concerned about getting the water under the
road , that is all .
Mr . Aron declared the Public Hearing duly closed at 8 : 58
p . m .
MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton *
RESOLVED , that the Planning Board of the Town of Ithaca
grant and hereby does grant preliminary subdivision approval to a
4 - lot subdivision proposed on tax parcels 6 - 35 - 2 - 6 . 1 and
6 - 35 - 2 - 6 . 3 , 362 West King Road , Orlando and Ralph Iacovelli et
al , upon the conditions as noted during this public hearing , and
as shown on plan presented this date , dated 7 / 17 / 79 .
There being no further discussion , the Chair called for a
vote .
Aye - Aron , May , Schultz , Mazza , Bronfenbrenner , Baker , Stanton ,
Grigorov .
Nay - None .
The MOTION was declared to be carried unanimously . "
® Chairman Francese noted that the so -called " 50 % rule " is
still in effect . Mr . Cartee stated that that was correct unless
there is a basement involved .
Chairman Francese asked if there were anyone present who
wished to speak to the matter of the Iacovelli Appeal . No one
spoke . Chairman Francese closed the Public Hearing at 8 : 25 p . m .
Chairman Francese pointed out that the proposed zoning
ordinance is going to permit duplexes , i . e . , equal - sized units .
Mr . Cartee noted that the Health Department has granted approval .
Chairman Francese asked that the record show that the Tompkins
County Health Department has approved the septic system for this
building , adding that there is no need for water well approval .
Chairman Francese set down the following Findings of Fact .
1 . This particular site is fairly isolated and substantially
larger than is required under the zoning ordinance for R- 30
districts .
2 . A building with two equal - sized units is expected to be
permitted with the new zoning ordinance .
3 . The site here is 235 ' west of the highway so that it is an
® interior lot with the appellant owning the lot between this
and the road .
Zoning Board of Appeals 9 May 14 , 1980
4 . Mailed Notices went out to owners of nine adjacent or nearby
properties and no one appeared other than the applicant .
Mr . Iacovelli stated that he had talked with Mr . Wood , 364
West King Road , and he ( Iacovelli ) did not think he ( Wood ) had
any objections .
Chairman Francese pointed out that the zoning ordinance in
effect at this time permits occupancy by no more than three
unrelated persons .
MOTION by Mr . Peter Francese , seconded by Mr . Edward King :
RESOLVED , that , based on the Facts hereinabove set forth ,
the Zoning Board of Appeals of the Town of Ithaca grant and
hereby does grant a variance from the requirements of Article V .
Section 18 , paragraph 2 , of the Town of Ithaca Zoning Ordinance
to permit the construction of a two - family house with dwelling
units of equal size at 362 West King Road , Town of Ithaca Tax
Parcels No . 6 - 35 - 2 - 6 . 1 and 6 - 35 - 2 - 6 . 3 .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , King , Reuning , Austen .
® Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the matter of the Iacovelli
Appeal duly closed at 8 : 29 p . m .
APPEAL OF VINCENT P . HANNAN , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING BUILDING PERMIT FOR THE CONSTRUCTION
OF A STORAGE WAREHOUSE WITH LESS THAN REQUIRED FRONT YARD AND
MORE THAN PERMITTED HEIGHT AT THE INTERSECTION OF ROUTE 13 AND
ROUTE 13A , PARCEL NO . 6 - 31 - 3 - 3 . 1 , ITHACA , N . Y . PERMISSION IS
DENIED UNDER ARTICLE VIII , SECTION 44 , PARAGRAPHS 2 AND 4 , AND
ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the
above - noted matter duly opened at 8 : 30 p . m . and read aloud from
the Notice of Public Hearings as published and as noted above .
Chairman Francese noted that no neighbors or anyone else appeared
in opposition to this matter . Chairman Francese stated that one
neighbor , Mr . Al Becker , telephoned to say that he had no
objection to the construction of this warehouse . Chairman
Francese read from the Appeal Form as signed and submitted by
Vincent P . Hannan under date of April 25 , 1980 as follows :
" . . . Having been denied permission to erect a warehouse 65 ' x 100 '
at intersection Rt . 13 & 13A . . . The constraints of the required
® setbacks , when applied to this uniquely shaped property , result
in an area not suitable for construction of a modern storage
warehouse . In order to arrive at a 65 ' clear span it was
Zoning Board of Appeals 10 May 14 , 1980
necessary for me to cut the building length to 100 ' ( from 180 ' )
and to also ask for a variance of 30 ' at the extreme Northeast
corner of the building . The shape of the property predates the
setback requirements and the location of the private road
precludes any other relocation . - - Further , in order to stack
package containers to utilize the restricted floor space , a 25 '
clear height is necessary . The 6 ' height variance requested is
at the peak of the clear span trusses . " Chairman Francese noted
the documentation attached to the Appeal Form , being a copy of
the application for building permit , a copy of the Tompkins
County Health Department Sewage Construction Permit , and Plot
Plan ( 2 sheets ) , Proposed Warehouse , dated April 1980 .
Chairman Francese asked Mr . Vincent Hannan if this were the
area where there is the makings of a concrete boat . Mr . Hannan
stated that it was . Chairman Francese asked if Mr . Hannan were
planning to clean up this mess . Mr . Hannan replied that he was
to some extent . Mr . Cartee stated that there were other things
there such as an abandoned crane , adding that , hopefully , these
will be cleaned up . Mrs . Reuning stated that some neighbors have
complained about the condition of the property . Chairman
Francese asked Mr . Hannan if he had owned the property for a long
time . Mr . Hannan stated that he had not , adding that he has
owned it since January . Chairman Francese commented that it is
not proposed that any other entrances to the warehouse would come
® off either Route 13 or 13A , adding that , in fact , the access is
from a private driveway which crosses the piece of land .
Chairman Francese stated that Mr . Hannan ' s appeal is for a
variance from the setback requirements on the corner of the lot
and from the height requirements . Chairman Francese noted that
Mr . Hannan had mentioned that he cut the building length from
180 ' to 100 ' and asked Mr . Hannan if he did that because of the
zoning ordinance or for other reasons . Mr . Hannan stated that it
was done after discussion with Mr . Cartee and went on to describe
using another plan where the building was 1801 . Mr . Hannan
stated that the parcel contains approximately 2 . 6 acres , 104 , 000
square feet but , under the zoning ordinance , he is only able to
use 4 , 000 square feet . Chairman Francese referred to the side
yard requirements and asked what would be the front yard in this
case . It was noted that 13A could be considered the front yard .
Chairman Francese noted that the front yard setback requirement
is not less than 150 ' and the side yard setback is not less than
60 ' , this being a light industrial district .
The Secretary presented for the record the following
documentation with respect to uses in Light Industrial Districts :
" Zoning Board of Appeals Meeting
March 9 , 1974
10 : 00 A . M .
® PRESENT : Vice - Chairman Laurene Ripley , Roger Sovocool , Jack
Hewett , Ed Austen , David Cowan ( Assistant to the Zoning
Officer ) ,
Zoning Board of Appeals 11 May 14 , 1980
The Zoning Board of Appeals met to act upon the request of the
Planning Board at a meeting of the Planning Board held on the
26th day of February , 1974 , for an interpretation of the present
Zoning Ordinance regarding the placing of a retail store in a
Light Industrial District ,
After discussion , it was MOVED by Mrs . Ripley and seconded by Mr .
Sovocool :
The Town of Ithaca Zoning Board of Appeals interprets the present
Zoning Ordinance to allow within Light Industrial Districts any
lawful use allowed in the more restrictive zones , with the
exception of dwellings .
Aye - Ripley , Sovocool , Hewett , Austen ,
Nay - None .
The Motion was carried unanimously ,
BROUGHT TO ZONING BOARD OF APPEALS AGAIN ON NOVEMBER 17 , 1976 ,
( in connection with Bell ' s Grocery request for gasoline Island )
RE - AFFIRMED ON THAT DATE .
N . M . F . ( Secretary ) "
® Chairman Francese stated that he would suggest for the
Board ' s consideration that if it is going to propose that Mr .
Hannan be granted the variance from the 150 ' requirement to 1201
,
that he , personally , sees little difficulty in his mind to go all
the way down to 35 ' . Chairman Francese stated that he did not
see why Mr . Hannan should be denied the building of a 180 - foot
building . Mr . Hannan commented that they were not comfortable in
crowding the Mancini land . Mr . Michael Hannan described the
terrain , noting , among other things , that the land is not all
flat ; there is a slope . Chairman Francese stated that that was a
good point and noted the fact that there is a substantial
difference in elevation between the site and the road , 13A . Mr .
Cartee wondered if the length of the building were extended ,
would there still be the appropriate size for Health Department
approval , Mr . Hannan stated that there would be because that is
what they approved - - the 180 - foot building . Mrs . Reuning asked
if Mr . Mancini had been notified of this hearing . The Secretary
stated that the Mancinis were mailed two notices on May 1st , one
to 102 Renwick Drive and one to 22 Renwick Heights Road ,
Chairman Francese noted that the Health Department has approved
the septic system , Mr . King , noting the southeast corner of the
building , which would be within 1201 , asked where the peak on the
building is in reference to that corner , Mr . Michael Hannan
described where .
Chairman Francese asked Mr . Hannan what he planned to store ,
Mr . Michael Hannan replied , furniture . Chairman Francese stated
that he could see no economic reason to only build a 100 - foot
building , adding that he was around when this land was rezoned ,
Zoning Board of Appeals 12 May 14 , 1980
Chairman Francese stated that this particular piece of property
is unique and he could see no reason for restricting the building
to 100 ' when , in fact , 150 ' , or 1801 , still does not use a
substantial portion of the parcel . Mr . King stated that he would
have some reservations about allowing the building to - be 35 ' from
the highway . Chairman Francese asked what the height of the
building at the peak is . Mr . Hannan stated that it was 311 . Mr .
Michael Hannan stated that , in other words , the height of the
building will be about even with the road . Chairman Francese
stated that he felt fairly strongly that this is a use that this
particular piece of land was originally zoned for . Chairman
Francese stated that he saw no public purpose being served , no
Town benefit , by restricting the use on this triangular lot .
Chairman Francese stated that this piece of land was designed for
light industrial use , for light manufacturing use . Mr . Cartee
stated that this land has , really , no other use , practically
speaking . Mr . Austen stated that he felt the additional length
would tend to make it look lower . Mrs . Reuning wondered if there
could be a compromise on the 35 ' setback from Route 13A .
Chairman Francese stated that , were a variance granted for a
180 - foot building , Mr . Hannan is under no obligation to do so .
At this juncture the " Line Agreement 3 / 17 / 80 " shown on the
plot plan was discussed , it being noted that there is actually
more than 35 ' from the adjacent lot , and , that this would involve
® a side yard variance .
Chairman Francese noted again that Mr . Hannan was planning
to store furniture , and asked whether Mr . Hannan planned to store
anything outside . Mr . Michael Hannan stated that he had not
planned to store anything outside , adding that there would be
trucks coming and going and unloading , but they would not stay .
Chairman Francese stated that the zoning ordinance specifically
prohibits outside storage .
Mrs . Reuning wondered about parking , access , egress . Mr .
Michael Hannan described three doors , the fire protection inside ,
and the access from the right of way to those three doors . Mr .
King asked Mr . Hannan if he were sure they had access through the
private right of way . Mr . Hannan stated that they do have access
and described two ways out . Mr . King stated that he was not sure
that they have access to the right of way . Mr . Michael Hannan
stated that they both ( Mancini and Hannan ) have mutual use of the
right of way and cited Deed 574 / 364 which , he stated , shows
mutual use and use of his road ( Mancini ' s ) the rest of the way .
Chairman Francese asked about landscaping plans . Mr . Michael
Hannan stated that they are going to leave the trees in place and
that there is some stuff in back which will be left in place .
Mr . Hannan stated that they have no formal plan in mind at this
point . Mr . Cartee noted that Section 45 of Article VIII
prescribes parking spaces , off - street loading , access , signs ,
® buffer areas and screening , landscaping , and fencing . Chairman
Francese wondered if Mr . Hannan had plans for a chain link fence .
Mr . Michael Hannan stated that he had not thought about that .
Zoning Board of Appeals 13 May 14 , 1980
For the record , the following letter , dated May 7 , 1980 ,
from Frank R . Liguori , Tompkins County Commissioner of Planning ,
addressed to Mr . Lewis D . Cartee , was received on May 8 , 1980 :
" . . . Re ; Zoning Review pursuant to Section 239 - 1 and -m of the
New York State General Municipal Law .
Case : . Appeal of Vincent P . Hannan ( within 500 feet of a State
or County highway ) .
This will acknowledge the receipt of your proposal for review
under Section . 239 -m .
The proposal , as submitted , will have no significant deleterious
impact on intercommunity , county , or state interests . Therefore ,
no recommendation is indicated by the County Planning Department
and you are free to act without prejudice . "
Chairman Francese stated that , in view of the discussion and
the facts noted during that discussion , he would make the
following Motion :
MOTION by Mr . Peter K . Francese , seconded by Mr . Edward N .
Austen :
RESOLVED , that the Zoning Board of Appeals of the Town of
Ithaca grant and hereby does grant a variance from the
® requirements of the Town of Ithaca Zoning Ordinance to permit the
construction of a proposed warehouse on Tax Parcel No . 6 - 31 - 3 - 3 . 1
such that the proposed warehouse may be a maximum of 180 ' long
and 65 ' wide , with the condition that such warehouse may come . no
closer than 40 ' from the front line joining Route 13A and 40 '
from the side line joining Tax Parcel No . 6 - 31 - 3 - 4 , and further
RESOLVED , that said Zoning Board of Appeals grant and hereby
does grant a variance from the requirements of the Town of Ithaca
Zoning Ordinance height restriction such that the building may be
no more than 32 ' high , and further
RESOLVED , that such granting of variances be and hereby is
conditioned upon the approval of the Town of Ithaca Planning
Board of the site plan under Section 46 - a of the Town of Ithaca
Zoning Ordinance .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , King , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the matter of the Hannan Appeal
® duly closed .
r.
Zoning Board of Appeals 14 May 14 , 1980
ADJOURNMENT
Upon Motion , Chairman Francese declared the May 14 , 1980
meeting of the Town of Ithaca Zoning Board of Appeals duly
adjourned at 9 : 15 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
Peter K . Francese , Chairman
TOMPKINS COUNTY DEPARTMENT OF PLANNING
Frank R. Liguori PE Commissioner of Planning
May 7 , 1980
'!SAY h 1980
Mr . Lewis D . Cartee
Building Inspector
Town of Ithaca
126 E . Seneca Street
Ithaca , NY 14850
Re : Zoning Review pursuant to Section 239 -1 and -m of the New York .
State General Municipal Law .
Cases : Appeal of Richard J . and Phyllis H . Sullivan ,
Appeal of Dell L . and Lillian Grover , and
Appeal of Vincent P . Hannan ( within 500 feet of a State or
County highway )
Dear Mr . Cartee :
This will acknowledge the receipt of your proposals for review under
Section 239 -m .
The proposals as submitted , will have no significant deleterious impact
on intercommunity , county , or state interests . Therefore , no recommenda -
tion is . indicated by the County Planning Department and you are. free to
act without prejudice .
Respectfully submitted ,
Frank R . Liguori
Commissioner of Planning
FRL : ys
128 East Buffalo Street , Ithaca , New York Telephone (607) 274 . 5286 / 274 . 5287