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HomeMy WebLinkAboutZBA Minutes 1984-06-27 1 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 271 1984 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , June 27 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Jack D . Hewett , Joan G . Reuning , Edward N . Austen, Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Robb Cutting , Marcia Cutting , Dirk Galbraith , Esq . , Jon Albanese , Esq . , Diane Ouckama , Dr . Achilles M . Filios , Candace K . Filios , Ken Vineberg , Roger W . Garrison , Terry N . Garrison , Peter Forlano , Joyce Forlano , William E . Murray , William McElwee , Frederick A . Leighton , Marian M . Cutting , Pat Ferrara , W . L . Brittain , Harriet B . Brittain , Allen Becker , Stacy Becker , Chairman Aron declared the meeting duly opened at 7 : 02 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 June 19 , 1984 and June 22 , 1984 , 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 , upon the Tompkins County Commissioner of Planning , and upon each of the appellants and / or agent , if any , on June 21 , 1984 . APPEAL OF ROGER W . AND TERRY N . GARRISON , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE A BED & BREAKFAST AT 233 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL N0 . 6 - 66 - 4 - 10 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTIONS 11 AND 12 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 7 : 03 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mr . and Mrs . Garrison were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by both Roger W . and Terry N . Garrison under date of June 15 , 1984 , as follows : " Building Inspector and Zoning Board of Appeals of the Town of Ithaca . . . A year ago January , after looking for two years for the right income property in Ithaca , we were delighted to find a house with a graduate student apartment on Forest . Home Drive . However , as we began to realize the charm of this eighty year old home and our location on Fall Creek • across from Cornell , we thought it would be more fun and a bit more income to rent the apartment to one or two short - term guests , principally from Cornell . So we called in Vicky Romanoff for advice on renovating v Zoning Board of Appeals 2 June 27 , 1984 • the suite . Vicky felt it could be cozy and charming , with lots of homey touches . As we began to meet the neighbors , we talked with them about our plans . We wanted this neighborhood to be our home and did not want to do anything that would upset our new neighbors . To our delight , everyone ' s response was positive and enthusiastic . We assured them our intentions were to rent to one or two guests at a time , so the apartment ' s one parking space was adequate . In fact there is often less traffic than if we had rented long term since some of our guests do not have cars and our present occupancy rate is 50 % . A year later we are very pleased with our new home . Our neighbors have welcomed us and our guest suite . Roger , manager of the Bookery Travel Book Store , has been elected Secretary - Treasurer of the Forest Home Improvement Association . Terry , sales representative for. the Ithaca Times , was invited to join the Forest Home Embroidery Club . Kathy is a senior at Ithaca High School . Even our cats have learned to avoid the curve in the road ! We feel at home . Several of our neighbors have already used our suite for their guests and have praised it as a welcome service to the community . Since all of our neighbors have supported our Bed and Breakfast suite as a gentle and positive use of the apartment , we ask you to permit us to continue to welcome short term guests . " Chairman Aron read aloud the following letters which had been received by the Town in connection with this matter : • 1 . " 220 Forest Home Dr . . . . June 14 , 1984 . . . As nearby neighbors , Mrs . Aronson and I are glad to support continuation of Bed and Breakfast at Forest Home . Mr . & Mrs . Garrison are not only good neighbors , but they have conducted this enterprise in good taste and without any intrusion on the rights or comfort of neighbors . We hope that their petition to continue will be granted . Sincerely , ( sgd . ) Robert L . Aronson " 2 . " 235 Forest Home Drive . . . June 11 , 1984 . . . This letter is in strong support of Terry and Roger Garrison ' s request to maintain their bed and breakfast . As their next door neighbor , I have only praise and appreciation for Terry and Roger as people , as neighbors , and as contributing members of a community like Forest Home . Their innate kindness , as well as their sense of community , are evident daily through such activities as visiting elderly neighbors and helping the rest of us with various tasks and responsibilities . I am also aware that their generosity of time extends to many local organizations and activities . As for the bed and breakfast , it is most often totally unobtrusive . . Occasionally , I have the pleasure of meeting the guests and always enjoy the conversations and interaction . Zoning Board of Appeals 3 June 27 , 1984 In short , I am delighted to be living next door to Terry and Roger in Forest Home . In just one short year , they have enriched my life . In turn , may I again express my strong neighborly support for their endeavors . Sincerely , ( sgd . ) Jennifer Greene " 3 . [ Received June 16 , 19841 " Town of Ithaca Board of Zoning Appeals I have lived on Forest Home Drive for six years , for four of those years in the house next dodr to what is now the Forest Home Bed and Breakfast . From this experience , I can state that the Bed and Breakfast is an asset rather than a liability to the community . It is a very small establishment , taking only one or two boarders at a time , and the traffic and noise that it generates are no greater than if the space were rented as an apartment . Many Forest Home residents have used the Bed and Breakfast for relatives or friends and are glad to have this quiet , tastefully run facility in the community . Sincerely , ( sgd . ) Nancy Trautmann 304 Forest Home Drive " Chairman Aron read aloud from the following statement : • " TELEPHONE CALLS RECEIVED IN RE THE GARRISON ' BED AND BREAKFAST ' APPEAL 1 . June 12 , 1984 - - Mrs . W . F . Shipe 236 Forest Home Drive ' The Garrisons let all of us know about their plans before they started . ' ' We ( Mr . and Mrs . ) are perfectly happy to have them do this . ' 2 . June 13 , 1984 - - Mrs . Newbury 237 Forest Home Drive ' We ( Mr . and Mrs . ) approve of it very much . ' 3 . June 13 , 1984 - - Dr . Isobel Peard 214 Forest Home Drive ' I am five or six houses away from them . ' ' They talked to all of us before they started it . They talked to all the neighbors who all thought it a fine idea . ' ' I have used it . ' ' As far as I know , there is no feeling anywhere against it and I hope it continues . ' 4 . June 14 , 1984 - - Cynthia Bouldin ( and Husband ) 208 Forest Home Drive ' I have no objection to this one little room which they let occasionally to night - time people . ' ' Both my husband and I feel that this is not a burden on the • neighborhood . ' Zoning Board of Appeals 4 June 27 , 1984 • ' The whole thing is very tasteful and it looks better than it did when the Washburns had the house and there are fewer people in the neighborhood . ' ' We live next to what used to be the " Forest Home Lodge " ( 210 Forest Home Drive ) , so this type of thing has been quietly done in the Hamlet of Forest Home over the years on Forest Home Drive . ' ' The Garrisons ' Bed and Breakfast is OK by us . ' 5 . June 22 , 1984 - - Liese Bronfenbrenner 108 McIntyre Place ' Liese Bronfenbrenner is " all for the Garrisons ' Bed & Breakfast . " ' Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . 6 / 22 / 84 " Chairman Aron asked if there were anyone present who wished to speak for or against the matter of the Garrison Bed and Breakfast Appeal before the Board . No one spoke . Chairman Aron declared the Public Hearing closed at 7 : 12 p . m . Chairman Aron stated that he had driven by the location of the Bed and Breakfast , noted the curve in the road , and commented that the premises look clean and very nice . Chairman Aron stated that there * Chairman appeared to be no more traffic involved that normal for an apartment . Aron asked how many people the Garrisons usually have in the suite . Mr . Garrison stated that they average 50 % full , one - half of the month . Mrs . Garrison added that there are never more than two people a night with there usually being one to two people a night about half the time . Chairman Aron asked if they serve breakfast in the morning , to which Mrs . Garrison replied , yes . Mr . Austen asked how long the Bed and Breakfast has been running . Mrs . Garrison stated that they started at the end of July , 1983 . Chairman Aron asked if there were any further questions . Mr . Cartee stated that he visited the premises and found things to be very nice , clean , small , and well kept . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a Special Permit , revocable and personal to Roger W . Garrison and Terry N . Garrison , for the operation of a Bed and Breakfast facility , being a private suite for one or two persons , at. 233 Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 10 , subject to review every two 'years by the Town of Ithaca Building Inspector . There being no further discussion , the Chair called for a vote . • Aye - Aron , Hewett , Reuning , Austen . Nay - None . f Zoning Board of Appeals 5 June 27 , 1984 • The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Garrison Appeal duly closed at 7 : 15 p . m . ADJOURNED APPEAL ( FROM JANUARY 18 , 1984 ) OF ROBERT S . MOORE IN RE OCCUPANCY OF A SINGLE FAMILY RESIDENCE AT 137 JUDD FALLS ROAD BY A FAMILY AND THREE UNRELATED PERSONS . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 16 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Moore was not present . Chairman Aron asked Mr . Cartee to speak to the matter before the Board . Mr . Cartee stated that since the January adjournment of the Moore Appeal to this date , the property at 137 Judd Falls Road has been sold to Mr . James Burns who now occupies the house as a single person . Mr . Cartee stated that Mr . Burns has been made aware of the Zoning Regulations of the Town of Ithaca . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Moore Appeal . No one spoke . Chairman Aron declared the Public Hearing closed at 7 : 18 p . m . • MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals that the matter of the Appeal of Robert S . Moore with respect to premises known as 137 Judd Falls Road , Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 1 , be and hereby is dismissed , said matter being moot . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay — None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Moore Appeal duly closed at 7 : 19 p . m . ADJOURNED APPEAL ( FROM SEPTEMBER 14 , 1983 ) OF DALVA HEDLUND IN RE OCCUPANCY OF A TWO - FAMILY DWELLING AT 201 NORTHVIEW ROAD WEST BY MORE THAN THREE UNRELATED PERSONS . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 19 p . m . and read aloud from the Notice of Public Hearings as posted and published and as rioted above . Mr . Hedlund was not present . Chairman Aron asked Mr . Cartee to speak to the matter of the Hedlund Appeal . • Mr . Cartee stated that the Hedlund property has been sold , purchased by a lady who teaches at Ithaca College . Mr . Cartee stated that she Zoning Board of Appeals 6 June 27 , 1984 • intends to occupy the main house and her mother will. occupy the apartment . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Hedlund Appeal . No one spoke . Chairman Aron closed the Public Hearing at 7 : 21 p . m . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen . RESOLVED , by the Town of Ithaca Zoning Board of Appeals that the matter of the Appeal of Dalva Hedlund with respect to premises known as 201 Northview Road West , Town of Ithaca Tax Parcel No . 6 - 42 - 1 - 9 . 12 , be and hereby is dismissed , said matter being moot . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Hedlund Appeal duly closed at 7 : 23 p . m . APPEAL OF MICHAEL AND DIANE OUCKAMA , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A • TWO - CAR GARAGE WITH SIDE AND FRONT YARD DEFICIENCIES AT 111 ORCHARD STREET , TOWN OF ITHACA TAX PARCEL N0 , 6 - 71 - 3 - 12 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 7 : 23 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mrs . Ouckama was present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Michael Ouckama under date of June 11 , 1984 , as follows : " : . . Having been denied permission to construct a two car garage at 111 Orchard Street . . . The path giving access to our backyard would be obstructed by the proposed new garage . Thus , we need to build the garage closer to the edge of our property line . " It was noted that a plot plan was attached to said Appeal Form , a copy of both of which each Board member had received , said plot plan setting forth the placement of the proposed garage 5 feet from the side lot line and 40 feet from the edge of the roadway [ Orchard Street ] and the location of the existing dwelling . Chairman Aron wished to make it clear that the garage is proposed , not already constructed . Mrs . Ouckama indicated that that was correct . Mr . Cartee stated to the Board that reference to a front yard deficiency with respect to the proposed location of the proposed garage was erroneous , it being that the Appeal Form had been submitted to him Zoning Board of Appeals 7 June 27 , 1984 • prior to his receiving the plot plan . Mr . Cartee stated that that part of the appeal should be struck ; the proposed garage in its proposed location meets the front yard requirement of the Ordinance , however , the proposed side yard distance is 5 feet less than required . Chairman Aron asked Mrs . Ouckama how long she has resided in the house , to which Mrs . Ouckama replied , ten years . Chairman Aron asked Mrs . Ouckama if she felt they needed a garage , to which Mrs . Ouckama replied , yes . Chairman Aron asked Mrs . Ouckama how big the garage is proposed to be , to which Mrs . Ouckama responded , 24 ' x 28 ' , for two cars . It was noted that a 6 ' x 12 ' shed roof is proposed to be attached toward the rear of the proposed garage . Mr . Cartee pointed out that if the garage were placed closer to the house it would interfere with the water line which runs from Orchard Street to that corner of the house by being on top of it . Mrs . Reuning asked who lives next door and about how far they would be from the garage . Mr . Cartee stated that their neighbors are Dr . and Mrs . Fred Kulhawy , 113 Orchard Street , and are about 50 ' to 60 ' away . Mrs . Ouckama stated that Mrs . Kulhawy had called her today and said that the garage was okay with them . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Ouckama Appeal . No one spoke . . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance from the requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance to permit , pursuant to Article XIV , Section 75 , of said Ordinance , the issuance of a building permit for the construction of a two - car garage measuring approximately 24 ' x 281 , plus an attached 6 ' x 12 ' shed roof , as proposed by Michael and Diane Ouckama , to be located less than the required ten feet , i . e . , five feet , from the north side lot line of their property known as 111 Orchard Street , Town of Ithaca Tax Parcel No . 6 - 71 - 3 - 12 , it having been shown that the placement of such proposed garage ten feet from said north side lot line would interfere with the existing water line servicing the existing home located on said Ouckama property . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in and the matter of the Ouckama Appeal duly closed at 7 : 27 p . m . APPEAL OF ACHILLES M . FILIOS , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING RESIDENCE WITH A SIDE YARD DEFICIENCY AT 1125 Zoning Board of Appeals 8 June 27 , 1984 iTRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 26 - 4 - 29 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 7 : 27 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Dr . and Mrs . Filios were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Dr . Achilles M . Filios under date of June 15 , 1984 , as follows . " . . . Having been denied a building permit to add an addition to existing structure at 1125 Trumansburg Road . . . The location of the family . room addition is necessary to accommodate our growing family ( 2 young childrdn ) . The location of this addition is critical for a variety of reasons . Its close relationship to other heavily used family spaces ( kitchen and eating room ) is important such that these rooms in concert will adequately meet the current demands of our family . The steep topography , garage and drive make an addition to northeast and southeast extremely difficult and costly . The northwest side yard seems ideal as the adjacent house is 52 + 1 from our lot line and an addition in that direction would seem not to be detrimental to the adjacent house or property . An addition in a northeast direction would greatly hinder natural • - lighting to the kitchen and also obscure a dramatic view to the Lake and Town , a desired natural asset . An addition to northwest would provide the most economical and aesthetically pleasing result , rendering the best possible solution . " It was noted that a Survey of the Filios property accompanied the Appeal , prepared by George C . Schlecht , P . E . , P . L . S . , dated May 1984 , revised June 15 , 1984 , showing the proposed addition. approximately one foot from the side lot line . It was noted that three letters from neighbors were included in the documents sent to the Board with their copy of the Appeal . Chairman Aron read aloud as follows : 1 . " 1129 Trumansburg Road . . . June 16 , 1984 I do not object to Dr . Filios ' proposed building on the N . E . home at 1125 Trumansburg Road . Yours truly , ( sgd . ) S . Carolyn Marsh " 2 . " June 16 , 1984 . . . This is to inform you that we have no objections to Mr . and Mrs . Achilles Filios building an addition on their home at 1127 [ sic . ] • Trumansburg Rd . , Ithaca . Sincerely , ( sgd . ) Priscilla McOmber Zoning Board of Appeals 9 June 27 , 1984 . ( sgd . ) Roger McOmber 1128 Trumansburg Rd . Ithaca , N . Y . 14850 " 3 . " June 18 , 1984 . . . I am writing in connection with the application by the Filios family to construct an addition to their house at 1125 Trumansburg Road . My wife and I reside at 1121 Trumansburg Road . tOur property borders the Filios property on the southern side . We have no objections to the proposed addition and hope that the town approves the plan . The Filios residence is one of the best maintained in our neighborhood and I know that the addition would do nothing else but insure continuity in our neighborhood ' s population . Thank you for your consideration of my letter . Sincerely , ( sgd . ) James McGrath Morris " Chairman Aron asked if there were anyone present who wished to speak for or against the matter of the Filios Appeal . No one spoke . Chairman Aron closed the Public Hearing at 7 : 32 p . m . Chairman Aron asked Dr . Filios how long he has lived in his home , to which Dr . Filios replied , since 1971 . Chairman Aron wondered if Dr . • Filios had not had children up to then . Dr . Filios explained that he was not married when he purchased the property and that he had brought his father from Greece to live with him , adding that his father still lives with them . Dr . Filios stated that the occupants of the home are his wife and himself , his father , and two children , both girls . Dr . Filios stated that his father is in one bedroom , his 1z year old is in the second bedroom and he , his wife and the baby are in the third bedroom . Dr . Filios distributed several photographs of the house and property among the Board members . A lengthy discussion followed between Dr . Filios , Chairman Aron and the Board members utilizing the photographs . Dr . Filios commented that it is difficult to describe the house because of the slope , but it could be called a three - story or a four - story building , however , the attic is empty because it is three floors up ' and too far to go to use as bedrooms for either the children who are too little or the father who is too old . Mr . Austen asked if the bushes shown in the pictures are to remain in place . Dr . Filios stated that the landscaping would remain as shown . Chairman Aron asked Dr . Filios if he had consulted with a builder , to which Dr . Filios replied that he had . Chairman Aron asked if he had had a feasibility study done with respect to using the attic . Dr . Filios stated that he had not because his father is 88 years old and he could not manage that situation and the children would be too far away . Mrs . Reuning asked for clarification as to how close the proposed addition would be to the lot line . Dr . Filios stated that it would be about one foot . Mrs . Reuning asked how far away Mrs . Marsh ' s house is . Zoning Board of Appeals 10 June 27 , 1984 Dr . Filios noted that the Survey shows that the Marsh house is 52 ' distant . There was continued lengthy discussion of the Doctor ' s plans and the pictures . Mr . Austen commented that he thought one foot three inches from the side lot line is awfully close . Dr . Filios pointed out that at least five feet of that is up on eight- foot stilts . Dr . Filios explained that his request is for a 14 ' x 19 ' addition which is what was recommended by the builder , however , he could live with 12 ' x 191 . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett . RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant an 'area variance from the requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance to permit the construction of an addition , on the northwesterly side , to the existing single - family residence located at 1125 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 26 - 4 - 29 , presently owned by Dr . Achilles M . Filios , such addition as proposed and presented to this Board this date , June 27 , 1984 , resulting in a side yard less than the 15 feet required by said Section 141 with the condition that such addition extend in said northwesterly direction no farther than 12 feet from said existing residence , i . e . , an addition of 12 feet by approximately 19 feet . • There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Filios Appeal duly closed at 7 : 38 p . m . APPEAL OF ROBERT G . CUTTING , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE ' CONSTRUCTION OF A FENCE GREATER THAN SIX FEET IN HEIGHT AT 11 THE BYWAY , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 1 - 7 . PERMIT IS DENIED UNDER ARTICLE XIII , SECTION 65 , AND ARTICLE XIV , SECTION 751 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 39 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mr . and Mrs . Cutting were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Robert G . Cutting under date of June 4 , 1984 , as follows : " . . . Having been denied permission to erect a fence greater than six ( 6 ) feet in height at 11 The Byway . . . Our property borders a parking lot and • beyond that is the intersection of Judd Falls Rd . & Forest Home Dr . Eight foot of fence is necc . to insure a private backyard and a measure of sound insulation . " Zoning Board of Appeals 11 June 27 , 1984 Chairman Aron asked Mr . Cutting if he had anything to add to his • statement on the Appeal • Form . Mr . Cutting stated that the fence in question replaces an existing eight - foot fence , adding that it is hidden behind cedar trees and is hardly visible . Mr . Cutting distributed four colored photographs showing the fence from various directions , including inside the Cutting backyard . Chairman Aron asked Mr . Cutting how long the fence is , to which Mr . Cutting replied , about 20 feet and located at the end of the parking lot . Chairman Aron asked how long the old fence which the present fence replaces had been there . Mr . Cutting stated that that fence had been there a good 12 years and was in need of replacement . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Cutting Appeal . No one spoke . Chairman Aron read aloud the following letter received at the Town Office on June 27th : " June 25 , 1984 . . . Dear Members of the Board , My husband and I own the property at 130 - 132 Forest Home Drive which abuts the Robert G . Cutting property on The Byway . The height of the Cutting new fence does not cause any problems , in fact , the fence looks nice and , I think , enhances the surroundings . Sincerely , • ( sgd . ) Frances A . Ramin ( Mrs . Richard M . ) 5 Brookhaven Dr . Ithaca , N . Y . 14850 " MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance from the height requirement for fencing set forth in Article XIII , Section 65 , of the Town of .Ithaca Zoning Ordinance to permit the maintenance of an approximately eight - foot high fence by approximately twenty feet long , said fence replacing a previously existing fence of approximately the same dimensions , at 11 The Byway , Town of Ithaca Tax Parcel No . 6 - 66 - 1 - 7 , with such grant of variance being subject to and contingent upon the present owner of record , Robert G . Cutting , making application for a building permit for said fence and submitting same to the Building Inspector together with the appropriate fee . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in and the matter of the Cutting Appeal duly closed at 7 : 50 p . m . Zoning Board of Appeals 12 June 27 , 1984 • BREAK The Chair declared a ten minute break . APPEAL OF PETER AND JOYCE ELLEN FORLANO , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A STUDIO / WORK SHOP ADDITION TO AN EXISTING STRUCTURE WITH SIDE AND REAR YARD DEFICIENCIES AT 136 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 1 - 5 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 13 , ARTICLE XII , SECTION 54 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 8 : 02 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mr . and Mrs . Forlano were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Joyce Ellen Forlano under date of June 15 , 1984 , as follows : " . . . Having been denied permission to build a studio space at 136 Forest Home Dr . . . . ( 1 ) a foundation ( covered garage - see survey map ) exists on the proposed building site ; ( 2 ) moving the proposed bldg . to the east is prohibited by city sewer lines ; ( 3 ) loss of needed square footage would result from the restrictions of the 3 ' - 0 " set back from the lot lines and the sewer lines to the east ; ( 4 ) the increase in cost if further excavation to the south & east is necessary ( if possible ) ; ( 5 ) the house suffers from a lack of storage or workspace'- adding this bldg . will increase value & improve liveability of house . " Chairman Aron asked if there were anyone present who wished to speak for or against the Forlano Appeal . No one spoke . Chairman Aron asked that the following documents and / or statements with respect to the Forlano Appeal be entered into the record . 1 . " June 25 , 1984 Town of Ithaca Zoning Board of Appeals . . . RE : Peter A . Forlano ; Variance Request Mr . Forlano has expressed to us the desire to build a two story shed / studio in place of the existing garage on his property . He also mentioned just adding an additional story on the garage . As adjoining neighbors to the Forlano family , we find it difficult to oppose the proposed changes . However , we must urge denial of any variance that would allow changes to that structure . Our reasons are as follows : Our barn is about four feet away from the existing garage . When the digging for the sewer was done on the other side , the barn foundation settled and cracked . We have been advised by Mr . Ray McElwee , contractor , that if there is any construction we should get a written guarantee from the land owner against the same type of • damage . One wall of the existing garage forms a retaining wall for a corner of our lawn and garden . Construction would require rebuilding of that section and considerable disruption of our yard . Zoning Board of Appeals 13 June 27 , 1984 • A second story , on the existing garage , would block light and view from our barn . It would also inhibit the light and view from our house and yard . Most importantly , it is our opinion , that any structure could ultimately be used as housing or for business purposes . Perhaps not now , but The Byway is a desirable location . Once a structure exists , modification is relatively simple . Our neighborhood has a special character . As residents on The Byway we wish to preserve it . For these reasons we urge you to reject any variance and building permits regarding new construction on the Forlano property . Very truly yours , ( sgd . ) Robb Cutting ( sgd . ) Marcia M . Cutting " 2 . " 10 The Byway June 24 , 1984 Town of Ithaca Zoning Board of Appeals . . . As thirty year residents of 10 The Byway , Town of Ithaca , we are concerned with the growth , changes , and condition of the residences on our street . The Byway is densely housed and populated and changes in structures and ownership affect all residents . It is our feeling that the addition of any more buildings or apartments would adversely affect the character of the neighborhood . • It has come to our attention that Mr . Peter Forlano , a resident of Forest Home Drive , wishes to build a structure on The Byway . We wish to register our protest . A larger structure on that site would , in our opinion , be detrimental to the looks , value , and integrity of The Byway . Yours truly , ( sgd . ) Marian M . Cutting ( sgd . ) R . Davis Cutting " 3 . " Memorandum Town of Ithaca Zoning Board of Appeals RE : Peter Forlano , 136 Forest Home Dr . , Appeal June 22 , 1984 Telephone message from A . W . McElwee , 123 Judd Falls Rd . Mr . McElwee requests that the Town Z . B . A . deny the request of Peter Forlano . ( sgd . ) Lewis D . Cartee Bldg . Inspector " 4 . " Memorandum Town of Ithaca Zoning Board of Appeals RE : Mr . and Mrs . Robert Mueller , 20 The Byway and Mr . and Mrs . David Bates , 140 Forest Home Drive Visit to the Town Office • June 27 , 1984 Zoning Board of Appeals 14 June 27 , 1984 . The Muellers and the Bates request that the Appeal of Peter and Joyce Forlano to construct an addition to an existing structure at 136 Forest Home Drive ' Be Denied ' . ( sgd . ) Lewis D . Cartee Bldg . Inspector " 5 . " 16 The Byway - -Forest Home 22 June 1984 Engineering Zoning board I understand that Peter A . Forlano , 136 Forest Home Drive , has applied for a permit to allow him to replace his garage , which is on The Byway ( in back of his house ) , with a new structure , comprised of two floors . He told me that he would use the bottom floor , with the entrance on The Byway , for storage of his garden and other tools , and the upper floor would be a studio for his wife . He said , in answer to my question , that he would install a sink and a toilet and some heating equipment . While I would naturally like to accommodate a neighbor , I do not approve of the changes Mr . Forlano proposes . For one thing , there is nothing to prevent him from selling the property a few years later , and from the new owner using the new building as an apartment . Once the building will have in it plumbing , it can then very easily be converted to an apartment . The Byway , particularly • at the point where the proposed structure would be , is very narrow . With the windows open in warm weather , and the radio or television or a record player turned on , the neighbors are bound to hear the sounds or noises . If someone should live in the new building , that person will have a car , and there is no room there for parking . There is barely room now for the cars that normally are parked on The Byway , and especially where the Forlano property abuts on The Byway . Furthermore , a two - story building will most certainly change , for the worse , the complexion of the neighborhood . The Cutting barn , across the road from our property and contiguous with the Forlano property , is a landmark , which ought to be preserved for historical and aesthetic reasons , and a new two - story building will be totally inconsistent with the present character of The Byway . Mrs . Konvitz and I therefore strongly urge the Town authorities to reject the applicatin of the Forlanos for permission to erect the new structure . Respectfully submitted , ( sgd . ) M . R . Konvitz ( sgd . ) Mary Konvitz " Chairman Aron asked again if there were anyone present who wished to speak for or against this matter . No one spoke . Chairman Aron closed the Public Hearing at 8 : 15 p . m . Chairman Aron asked Mr . and Mrs . Forlano why it was necessary to build this garage and the room upstairs , and further , the nature of their • occupation . Mr . Forlano stated that the request before the Board has nothing to do with his profession . Mr . Forlano stated that -the structure in question is basically to increase the liveability of their house , Zoning Board of Appeals 15 June 27 , 1984 • adding that their house has no garages they do not want a garage , however , they need storage space . Mr . Forlano stated that all of the equipment - - lawn mower , bicycles , garden tools , etc , - - is out in the driveway next to his house and they would prefer to have these things enclosed . Mr . Forlano noted again that the building itself is mainly for storage and the fact that his wife is an artist and requires space that they do not have in the house . Mr . Forlano explained that the work his wife does is quiet and further that there would be no one using the structure other than his wife and him and the children . Chairman Aron asked Mr . Forlano how long they have been living in the house , to which Mr . Forlano replied , since 1979 . Chairman Aron noted that the Survey attached to the Appeal Form shows a carport right next to the house . Mr . Forlano stated that the carport is not used for a car so they put the bikes , the tools , etc . , in there . Chairman Aron wondered why Mr . Forlano wished to rebuild this structure so close to the lot lines . Mr . Forlano explained that the foundation walls and roof are there , adding that , at one time , a multi - story building was there . Mr . Forlano stated that the lower wall and roof are in poor condition and added that the objections to something new , as opposed to what is there , is something that he did not understand because what is there is falling apart , Chairman Aron wondered what Mr . Forlano would do with the . building if the request to rebuild and add to it should be denied . Mr . Forlano supposed that if this particular proposal were denied but if he could still build something on the foundation , he would tear it down and rebuild . • Chairman Aron asked Mrs . Forlano what kind of art work she did to which Mrs . Forlano replied that she painted . Chairman Aron asked Mrs , Forlano if she painted in her home presently , Mrs . Forlano stated that she has been using the dining room and that is very difficult , adding that her husband has a drafting table there too . Mrs . Forlano described the kind of studio space she would like to have , noting particularly that she would like to have quite a lot of glass rather like a greenhouse area . She also described a work shop area used for storage and also for designing and building of frames . Mr . Forlano noted that , although his office is downtown , he does work at home . Mr . Forlano stated that the house is very small and tight with three children , commenting that they use a bedroom as storage space and there is no basement . Chairman Aron commented that they knew all of these things when they bought the house in 1979 . Mr . Forlano pointed out that things have changed over those five years - - they had one more child and they did not have bikes then . Mrs . Forlano added that she started painting and the apartment is rented out . Mr . Forlano commented that at the time he was at Cornell and they liked the area very much and they are working on the house . Mr . Austen pointed out that the width of the lot in the area of the structure being discussed is only 30 . 87 feet and it sits almost on the property line along The Byway . . Mr . Forlano stated that a large part of the letters sent to the • Board was based on assumptions which are not accurate . Mr . Forlano stated that they do need water in there for the times when, his wife is working in there . Mr . Forlano stated that they have no intention of Zoning Board of Appeals 16 June 27 , 1984 iconverting this structure or the studio space into an apartment . Mrs . Forlano stated that such a thing is against the zoning code in any event because you cannot have two residences on one lot . Mrs . Forlano pointed out that an artist studio is permitted . Mr . Forlano stated that he is a designer , a professional in interior design , and added that , in view of the negative responses , he would be pleased to show the Board members renderings , sketches , of what it would look like . Mr . Austen asked what the size of the " garage " structure is and what its foundation is made of . Mr . Forlano stated that the structure in question is about 16 ' x 24 ' and the foundation is sort of poured concrete . Mr . Forlano added that the space is being rented to the people behind them , the Muellers , as garage space . Mrs . Reuning reminded the Board that this matter is very similar to the Grossvogel Appeal , back in March , which was also in Forest Home on Judd Falls Road , for a graphic arts studio in an existing - garage , ' and noted that that particular appeal was denied . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny the Appeal of Peter and Joyce Forlano for permission to add to and change the use of a non - conforming structure with side and rear yard deficiencies at 136 Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 66 - 1 - 5 . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Forlano Appeal duly closed at 8 : 40 p . m . ADJOURNED APPEAL ( FROM MAY 16 , 1984 ) OF WILLIAM E . MURRAY IN RE CONVERSION OF AN EXISTING STRUCTURE TO A ONE - FAMILY DWELLING AT 308 CODDINGTON ROAD , Mr . Murray appeared before the Board and stated that he wished to withdraw this particular appeal which he wished to replace with the two appeals following . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that the Adjourned Appeal ( from May 16 , 1984 ) of William E . Murrary with respect to the conversion of an existing structure to a • one - family dwelling at 308 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 42 - 1 - 1 , be and hereby is dismissed , the Appeal having been withdrawn by the Appellant , William E . Murray . Zoning Board , of Appeals 17 June 27 , 1984 . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION. was declared to be carried unanimously . Chairman Aron declared the Appeal of William E . Murray , as noted above , duly withdrawn and dismissed . APPEAL OF WILLIAM E . MURRAY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A LOT LESS THAN 100 FEET WIDE AT THE FRONT YARD SETBACK AT 308 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 42 - 1 - 1 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 16 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . TO BE HEARD IN TANDEM WITH : APPEAL OF WILLIAM E . MURRAY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR AN EXISTING NON -CONFORMING GARAGE WITH A SIDE YARD DEFICIENCY AT 308 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 42 - 1 - 1 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . With the expressed agreement of the members of the Zoning Board of • Appeals present , Chairman Aron declared the Public Hearings with respect to the two matters before the Board having to do with William E . Murray ' s property located at 308 Coddington Road duly opened at 8 : 45 p . m . , and read aloud from the Notice of Public Hearings as posted and published and as noted above . Chairman Aron read aloud from the Appeal Forms as signed and submitted by Mr . Murray under date of June 14 , 1984 , as follows : 1 . " . . . Having been denied permission to obtain a building permit for the construction of a single family residence on a lot with less than 100 ' at the front yard set back at 308 Coddington Road . . . I am the owner of a 1 . 6 acre parcel of land at 308 Coddington Road which has been granted subdivision approval by the Planning Board subject to approval by the Board of Appeals . The lot created by this subdivision and containing the existing house at 308 Coddington Road meets the requirements of this R15 District ; the other lot has insufficient lot width at the front yard setback , approximately 70 feet , however , this lot contains approximately 25 , 000 sq . ft . , 15 , 000 sq . ft . being required . It is now my proposal to construct a single family dwelling on this ' new ' lot which will meet all requirements of the ordinance with regard to front yard , side yard and rear yard regulations . The only variance needed , therefore , is a frontage variance . Thank you very much for your consideration . " 2 . " . . . Having been denied permission to obtain a Certificate of • Compliance for an existing non - conforming garage at 308 Coddington Road . . . With the creation of the ' new ' lot at 308 Coddington Road , the garage thereon , which has been in place for approximately 64 Zoning Board of Appeals 18 June 27 , 1984 • years , does not meet the side yard requirements of R- 15 of 10 feet . The garage is 717 " from the side lot line . A • Certificate of Compliance is respectfully requested for this garage :in order that it may remain in place as it has for so many years . " Chairman Aron read aloud the following letters received at the Town Offices with respect to the Murray matter . 1 . " David P . Barnes 2 Hudson Place 5 / 24 / 84 . . . I am a lifelong resident of South Hill in the City . Over the last several years I have noticed the nice job Bill Murray has done in cleaning up houses he owns on Hudson St , and Coddington Rd . He has changed eyesores into nice looking homes . Bill tells me that he wants to make an addition at 308 Coddington Rd . I know Bill to be a responsible business person and know that his addition , if approved , would be appropriate for the area . It ' s for that reason that I hope the Town Board grant Bill the requested variances . Sincerely , ( sgd . ) D . P . Barnes " • 2 . " Mr . & Mrs . Charles E . Paucke 643 Coddington Road e May 25 , 1984 I am writing this letter on behalf of Mr . William E . Murray , a neighbor of mine , who is trying oto get a variance to build an additional house on the property he ' owns on Coddington .Road . My wife and I pass the present house on Coddington Rd . every day to and from work . We ' ve seen it from the beginning - in various stages from cleaning it up to the finished product that it is at present . Not only did Mr . Murray work to improve on the property but his family helped as well . It was very nice seeing a whole family unit pitching in and acting together . They have , in my opinion , made a big improvement on what the house and grounds were like before . I think it is a definite plus for the neighborhood , too . The house and grounds are well kept up and clean , leaving an impression of having attentive and diligent care . We would like to see Mr . Murray granted the variance to build since he has proven to be a conscientious addition to the neighborhood and strives only to continue to do so . Sincerely , ( sgd . ) Charles E . Paucke ( sgd . ) Patricia V . Paucke " 3 . " 115 Northview Road s . . . May 19 , 1984 Zoning Board of Appeals 19 June 27 , 1984 Thank you for sending us the Notice of Public Hearings in re three properties near our home on Northview Road . I ' m sorry we were unable to attend the meeting on May 16 . In case any of the matters were not resolved at that meeting , we would like to express the following : • s e We would approve of William E . Murray being enabled to convert the structure on his property to a one - family dwelling . There is so much space around the properties that such a variance seems reasonable . The property has been so much improved since the Murray ' s purchased it and it is so well cared for that such use seems positive . age Sincerely , ( sgd . ) Barbara Cotts ( sgd . ) R . W . Cotts " Chairman Aron read aloud from the Planning Board Minutes of June 5 , 1984 , with respect to subdivision approval , as follows : " MOTION by Mr . Montgomery May , seconded by Mr . David Klein : RESOLVED , that , concerning the proposal of William E . Murray to subdivide his lands at 308 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 42 - 1 - 1 , 1 . 6 acres , the Planning Board make and hereby does make the • following determinations , approvals , conditions , and recommendations : 1 . That the developer has completed an Environmental Assessment Short Form , as required by Town of Ithaca Local Law No . 3 - 1980 , The Planning Board has reviewed this form , determined the proposal to be an Unlisted Action , and made a negative declaration of environmental significance at an Adjourned Public Hearing ( from May 15 , 1984 ) on June 5 , 1984 . 2 . That the developer has presented a preliminary subdivision plan in a form acceptable to the Town Engineer showing the location of lot lines , and other structures of interest to the Planning Board . This plan has been reviewed at a properly posted and published Public Hearing on May 15 , 1984 and at an Adjourned Public Hearing on June 5 , 1984 . 3 . That no further subdivision of these lands shall be permitted and a notice to this effect shall be placed by the subdivider in all deeds to this property and shall also be placed on the final subdivision plan to be filed in the Office of the County Clerk , 4 . That a single check dam with rock splash pan be built in front of the turn in the creek such that the water flow is slowed down and a wall of some sort ( e . g . , rock , ties , gabions ) should be built on the embankment to prevent further erosion of the soil and coupled with such wall should be the planting of water - loving greenery ( e . g . , day • lilies , pachysandra ) above the wall and along the embankment to further support the soil . Zoning Board of Appeals 20 June 27 , 1984 5 . That the Planning Board recommends that at such time as a building permit is applied for , for the construction of the single family residence proposed to be located upon the newly created lot , the plantings and check dam hereinabove described be , in place . 6 . That the Planning Board recommends that a single , defined , and gravelled parking area be developed on the south side of the creek . 7 . That , with respect to such newly created lot , the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals the granting of variances for substandard frontage on Coddington Road and for side yard deficiency , subject to the restriction that no further subdivision of these lands be permitted . 8 . That the Planning Board grant and hereby does grant preliminary subdivision approval to the subdivision plan as presented and revised at Public Hearing May 15 , 1984 and at Adjourned Public Hearing on June 5 , 1984 , subject to the grant of variances as hereinabove described . FURTHER RESOLVED , that the Planning Board waive and hereby does waive final subdivision approval for this project contingent upon the preparation of a final subdivision plan in a form acceptable to the Town Engineer which shall include all notices and provisions required by this resolution and the action of the Zoning Board of Appeals . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Klein , Stanton . Nay - None . Abstain - Schultz . The MOTION was declared to be carried unanimously . " Chairman Aron asked if there were anyone present who wished to speak for or against the matters of the Murray Appeals . No one spoke . Chairman Aron closed the Public Hearings at 8 : 50 p . m . Chairman Aron asked Mr . Murray what he had in mind . Mr . Murray described his plans for constructing a single family , two - story , three -bedroom dwelling on his " new " lot which would be in compliance with all zoning regulations . He noted that it is the lot which does not comply , it being less than 100 ' wide at the front yard setback distance . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuninge RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of approximately 43 feet to permit the issuance , of a building permit for the construction of a single family residence , which is to meet all other zoning regulations of the Town of Ithaca , upon a newly created lot which is approximately 57 feet wide at • the front yard set back , such newly created lot being a portion of Town of Ithaca Tax Parcel No . 6 - 42 - 1 - 1 , known as 308 Coddington Road , and containing approximately 340, 700 square feet of land ; all as shown on Zoning Board of Appeals 21 June 27 , 1984 " Survey Map of 308 Coddington Road - Town of Ithaca - Tompkins County New York " , dated September 4 , 1982 , signed and sealed by Kenneth A . Baker , Licensed Land Surveyor No . 049415 , and presented to said Board of Appeals this date , June 27 , 1984 , the matter of the subdivision of said Parcel No . 6 - 42 - 1 - 1 having been reviewed and approved by the Town of Ithaca Planning Board at Public Hearings held May 15 , 1984 and June 5 , 1984 , and FURTHER RESOLVED , that the area variance granted herewith is subject to there being no further subdivision of the lands presently designated as Town of Ithaca Tax Parcel No . 6 - 42 - 1 - 1 . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Turning to the second part of the tandem Appeal , i . e . , Mr . Murray ' s request for a Certificate of Compliance for a garage which has been in place for approximately 64 years and is situated 7 ' 7 " from the north side lot line of the " original " parcel [ 6 - 42 - 1 - 1 ] , Mr . Austen asked if this structure will remain as a garage . Mr . Murray stated that it will continue to be used as a garage . Mr . Hewett asked if it is a single car garage . Mr . Murray stated that it is a little bit bigger than a one - car • garage would be , maybe about 20 ' x 201 . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of 2 ' 5 " from the 10 - foot requirement of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance , to permit the issuance of a Certificate of Compliance for premises known as 308 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 42 - 1 - 1 , presently owned by William E . Murray , said premises having in place thereon for some sixty years a garage situated 717 " from the north side lot line of said parcel . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matters of the Murray Appeals duly closed at 9 : 00 p . m . BREAK Chairman Aron declared a ten minute break in order that he could get a glass of water . Zoning Board of Appeals 22 June 27 , 1984 • APPEAL OF RICHARD BOYD AND BARBARA KOSLOWSKI , APPELLANTS , KEN VINEBERG , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO A NON - CONFORMING RESIDENCE WITH SIDE AND FRONT YARD DEFICIENCIES AT 18 RENWICK HEIGHTS ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 17 - 3 - 31 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 14 , ARTICLE XII , SECTION 54 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE , Chairman Aron declared the Public Hearing in the above- noted matter duly opened at 9 : 15 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Vineberg was present , Chairman Aron read aloud from the Appeal Form as signed and submitted by Ken Vineberg under date of June 13 , 1984 , as follows : " . . . Having been denied permission to obtain building permit at 18 Renwick Heights Road . . . Request area variance in order to add an addition to a building which has an existing non - conforming side yard and front yard , one side yard is 716 " from garage to property line at N . W . corner and should be 10 ' - 0 " . front yard is 24 ' - 0 " from house to right of way and should � be 25 ' - 0 " . new addition will conform to zoning setbacks . " Chairman Aron noted the " Plot Plan " , dated 6 / 12 / 84 , prepared by Vineberg , attached to the Appeal Form , showing the location of the existing non - conforming residence with attached garage at 18 Renwick Heights Road , said residence having its front ( easterly ) line • approximately 23111 " from the right of way line of Renwick Heights Road with the northwest corner of said attached garage being 716 " from the north side lot line , and showing the proposed addition to said home , said addition having its northwest corner 1518 " from the north side lot line and its southwest corner 4416 " from the rear lot line . Chairman Aron asked if there were anyone present who wished to speak for or against the matter of the Boyd /Koslowski Appeal . No one spoke . Chairman Aron closed the Public Hearing at 9 : 14 p . m . Chairman Aron asked Mr . Vineberg if he had anything to add to his statements on the Appeal Form , Mr . Vineberg stated that he did not have anything to add except to note that the house had been in place for about 50 years and that he would be happy to answer any questions . Chairman Aron noted that the proposed addition is 1518 " from the side lot line which is in compliance , and asked Mr . Vineberg why the addition is needed , Mr . Vineberg stated that the owners want an extra study with half of the expansion involving the kitchen and a hall , Chairman Aron asked if the existing home is a two - story building . Mr . Vineberg stated that it is a two - story home , however , the addition is one story , Mr . Vineberg displayed several building drawings for the proposed addition , including elevation drawings . Mrs . Reuning asked if the existing home is a three -bedroom home , to which Mr . Vineberg replied , yes . MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett : • RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant area variances from the requirements of Article IV , 1 , Zoning Board of Appeals 23 June 27 , 1984 • Section 14 , of the Town of Ithaca Zoning Ordinance for front yard and side yard deficiencies , i . e . , front yard variance of 1 ' 1 " and north side yard variance of 2 ' 6 " , for premises located at 18 Renwick Heights Road , Town of Ithaca Tax Parcel No . 6 - 17 - 3 - 31 , presently owned by Richard Boyd and Barbara Koslowski , together with approval , pursuant to Article XII , Section 54 , of said Ordinance , for the construction of a one - story addition extending to the rear ( westerly ) 1018 " and in a north / south direction 32 ' - 10 " , to the existing home located thereon , said Board of Appeals having found that the existing residence situated upon said Parcel has been in place for at least fifty years and the proposed addition does not impinge on side or rear yard setbacks as currently required by the Town of Ithaca Zoning Ordinance . r There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Boyd / Koslowski Appeal duly closed at 9 : 20 p . m . APPEAL OF WILLIAM AND ALOMA McELWEE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR PREMISES WITH SIDE AND FRONT YARD DEFICIENCIES AT 108 WARREN ROAD , TOWN OF ITHACA TAX • PARCEL NO . 6 - 66 - 2 - 7 . CERTIFICATE IS DENIED UNDER ARTICLE ' IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 9 : 21 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . McElwee was present , Chairman Aron read aloud from the Appeal Form as signed and submitted by Aloma McElwee and William A . McElwee under date of May 30 , 1984 , as follows : " . . . Having been denied permission to transfer property at 108 Warren Road . . . When we purchased the property at 108 Warren Road in 1969 , we were told that the white picket fence was on the property line and that the fence itself was maintained by the owner at 110 Warren Road , therefore , we had a concrete wall placed which supports our furnace . We have also planted a red bud tree , a lilac bush plus much ground cover in this area . In 1980 , when the property at 110 Warren Road was sold for the second time since we lived there , the land was surveyed and it was brought to our attention that the property line was not where we had been told . The present owners have agreed to transfer the strip of land as shown on survey map of land to be transferred , dated March 1 , 1984 . " It was noted by the Board that the McElwee Appeal and the next Appeal - - Frederick and Anna Leighton - - are similar in nature in that a transfer of property is necessary and both properties involved are • non - conforming . The Board also noted that attached to each of the Appeals are identical documents - - Survey Map prepared by Raymond H . Brashear dated August 15 , 1980 , showing houses at 110 and 108 Warren Zoning Board of Appeals 24 June 27 , 1984 • Road , and , Survey Map of Lands to be Transferred at 110 Warren Road , Lands of F . A . & A . L . Leighton , stamped by Clarence W . Brashear Jr . , L . L . S . and Lawrence P . Fabbroni , P . E . , dated March 1 , 1984 . Chairman Aron asked if there were anyone present who wished to speak for or against the matter of the McElwee Appeal , Mr . Frederick Leighton , 110 Warren Road , spoke from the floor , noting that he is the appellant in the next case , and stated that he would like to speak in favor of the McElwee Appeal in order that this problem could be straightened out and the small triangularly - shaped piece could be transferred from Leighton to McElwee . Chairman Aron asked if there were anyone else who wished to speak . No one spoke . It was noted that the Leightons purchased their home four years ago and the McElwees have owned their home since 1969 . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant area variances from the requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance with respect to property known as 108 Warren Road , presently owned by William and Aloma McElwee and designated as Town of Ithaca Tax Parcel No . 6 - 66 - 2 - 7 , as • follows * 1 . Variance of 1017 " ± on the northeast side yard ; 2 . Variance of 8 ' 6 " ± on the northwest side yard , 3 . Front Yard Variance for a front yard setback from the road right of way of less than 25 feet , and FURTHER RESOLVED , that said grant of area variances permit and hereby does permit the issuance of a Certificate of Compliance , pursuant to Article XIV , Section 76 , of the Town of Ithaca Zoning Ordinance , with respect to said Parcel No . 6 - 66 - 2 - 7 , upon the transfer of title from Leighton to McElwee for the strip of land as is shown on " Survey Map of Lands to be Transferred at 110 Warren Road " , Lands of F . A . & A . L . Leighton , dated March 1 , 1984 . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in and the matter of the McElwee Appeal duly closed at 9 : 35 p . m . W PPEAL OF FREDERICK AND ANNA LEIGHTON , APPELLANTS , FROM THE DECISION OF HE BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR PREMISES WITH SIDE AND FRONT YARD DEFICIENCIES AT 110 WARREN ROAD , TOWN OF ITHACA Zoning Board of Appeals 25 June 27 , 1984 • TAX PARCEL NO . 6 - 66 - 2 - 6 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 9 : 35 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Leighton was present , Chairman Aron read aloud from the Appeal . Form as signed and submitted by Anna Leighton and Frederick A . Leighton under date of May 30 , 1984 , as follows : " . . . Having been denied permission to transfer property at 110 Warren Road . . . Past and present land use practices between our property and parcel 66 - 2 - 7 at 108 Warren Road do not coincide with the actual surveyed boundary . It is our desire to bring these into conformity by transferring to the owner of parcel 66 - 2 - 7 ( W . A . McElwee ) a small strip of land as indicated on the survey map provided by Mr . McElwee . This transfer is to our mutual benefit as it eliminates potential disputes over property use as these properties acquire new owners in . the future , " The Board noted again that the attachments to the Leighton Appeal were identical to those attached to the McElwee Appeal , Chairman Aron asked if there were anyone present who wished to speak to the matter of the Leighton Appeal , No one spoke other than Mr . McElwee who indicated his endorsement of the Appeal of Mr . and Mrs . • Leighton for variances . Chairman Aron closed the Public Hearing at 9 : 38 p . m . MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant area variances from the requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance with respect to property known as 110 Warren Road , presently owned by Frederick A . and Anna Leighton and designated as Town of Ithaca Tax Parcel No . 6 - 66 - 2 - 6 , as follows : 1 . Variance of 3 ' 8 " t on the southeast side yard ; 2 . Variance of 615 " ± on the southwest side yard , 3 . Front Yard Variance for a front yard setback from the road right of way of less than 25 feet , and FURTHER RESOLVED , that said grant of area variances permit and hereby does permit the issuance of a Certificate of Compliance , pursuant to Article XIV , Section 76 , of the Town of Ithaca Zoning Ordinance , with respect to said Parcel No . 6 - 66 - 2 - 6 , upon the transfer of title from Leighton to McElwee for the strip of land as is shown on " Survey Map of Lands to be Transferred at 110 Warren Road " , Lands of F . A . & A . L . Leighton , dated March 1 , 1984 . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen , Nay - None , Zoning Board of Appeals 26 June 27 , 1984 The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Leighton Appeal duly closed at 9 : 40 p . m . APPEAL OF ROBERT E . AND BARBARA P . CONGDON , APPELLANTS , JOHN ALBANESE , ESQ . , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR NON - CONFORMING PREMISES WITH A SIDE YARD OF LESS THAN 15 FEET AT 977 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 42 - 1 - 23 . CERTIFICATE IS DENIED UNDER ARTICLE III , SECTION 7 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 9 : 40 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Attorney Jon Albanese was present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Robert E . Congdon and Barbara P . Congdon under date of June 11 , 1984 , as follows : " . . . Having been denied a certificate of compliance at 977 Danby Road . . . Dwelling was constructed prior to 1954 with the southeast corner of the dwelling being approximately 7 feet and the southwest corner being 13 feet from the southern boundary line which is now in violation of the 10 foot side yard requirement imposed by Article 3 Section 7 of the Town of Ithaca Zoning Ordinance . • Owner has contract of sale which requires a certificate of compliance , and since it is physically impossible to move the structure , and to avoid an economic hardhsip or financial loss , a variance or the granting of a certificate of compliance is requested . " Chairman Aron noted that attached to the Appeal Form was a copy of a Survey Map of No . 977 Danby Road , Town of Ithaca , Tompkins Co . , N . Y . , signed and sealed by Richard A . Slade and Thomas G . Miller , Engineers and Surveyors , dated July 3 , 1962 , updated May 3 , 1984 . Chairman Aron asked if Attorney Albanese had anything to add to the Appeal as submitted . Mr . Alabanese stated that he did not . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Congdon Appeal , Mrs . Pat Ferrara , 979 Danby Road , spoke from the floor , and stated that she is the neighbor next door and that she was in favor of the Board ' s granting a Certificate of Compliance , adding that she is going to buy the property . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of three feet ( 3 ' ) from -the southeast side yard requirement of ten feet set forth in Article III , Section 7 , of the Town of Ithaca Zoning Ordinance , for premises known as 977 Danby • Road , Town of Ithaca Tax Parcel No . 6 - 42 - 1 - 23 , presently owned by Robert E . and Barbara P . Congdon , upon which has been located for some time prior to 1954 when the Town of Ithaca Zoning Ordinance was enacted , a Zoning Board of Appeals 27 June 27 , 1984 • single family residence with a southerly side yard deficiency of three feet , and FURTHER RESOLVED , that such grant of area variance permit and hereby does permit the issuance of a Certificate of Compliance for said Parcel No . 6 - 42 - 1 - 23 . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Austen . Nay - None . Abstain - Hewett . The MOTION was declared to be carried . Chairman Aron declared the Public Hearing in and the matter of the Congdon . Appeal duly closed at 9 : 46 p . m . APPEAL OF EDITH BECKER , ALLEN S . BECKER , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO BREED AND RAISE FOX AT 661 FIVE MILE DRIVE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 31 - 2 - 22 . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 51 PARAGRAPH 6 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above noted matter duly opened at 9 : 47 p . m . and read aloud from the Notice of Public • Hearings as posted and published and as noted above . Mr . Becker and his daughter , Stacy , were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Allen S . Becker under date of June 18 , 1984 , as follows : " . . . Having been denied permission to breed and raise fox at 661 Five Mile Drive . . . It has come to my attention that there may be some problem with reproduction of ranch fox and mink at 661 Five Mile Drive , Ithaca , New York . The intentions of the Becker family is to raise for breeder resale to other breeders and ranchers in the Northeast . Answers to possible problems and long term plans are as follows : 1 . Urine will be collected and resold to hunters , trappers and sporting goods distributors ( at this time all is sold that I can produce ) . 2 . Droppings are also collected and used as a bait for trappers . 3 . Pellets or dry feed is used only and does not create a decomposed odor and is not readily wasted such as a wet meat feed . 4 . Fox compound is mowed when needed and trimmed for the aesthetics purpose of the neighborhood , also provides a non preferred environment for the insects such as flies and mosquitoes . 5 . Lime is used frequently for odor control as well as insect control . 6 . Animals are watered 2 to 4 times daily according to temperature . 7 . Shade trees have been planted for the comfort of the animals as well as the aesthetics surrounding of the area . 8 . All neighbors are aware of this operation and have not expressed any displeasure . 9 . I am under special permit from Albany ( by Mary Kerwin ) Department of Environmental Conservation to breed and transport these animals . Zoning Board of Appeals 28 June 27 , 1984 • 10 . This operation in no way violates the rules and regulations of the Tompkins County Health Department , 11 . Dr . L . 0 . Nezvesky is the resident veterinarian . Submitted by Edith Becker with Allen S . Becker and Stacy Becker acting as her agents . " Chairman Aron also noted the attached copy of " Fur Breeder Licenses No . FB0546 and FB 0542 " issued to Allen S . Becker by the New York State Department of Environmental Conservation Division of Fish and Wildlife , both expiring December 31 , 1984 . Chairman Aron read aloud from Article III , Residence Districts R9 , Section 5 , Accessory Uses , paragraph 6 , of the Town of Ithaca Zoning Ordinance , as follows : " The keeping of domestic animals or fowl in accessory buildings , provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner , and further provided that there shall be no raising of fur - bearing animals , keeping of horses for hire , or kennels for more than 3 dogs over 6 months old . " Mr . Becker stated that the R9 District only goes back 200 feet and his animals are in a Light Industrial District because from the edge of the fence where the animals are it is 240 feet . Chairman Aron asked Mr . Becker how long he has been in the business of breeding and raising foxes , to which Mr . Becker replied , five months . Aron asked Mr . Becker if he got permission to operate this , Chairman business . Mr . Becker stated that he got permission from Ag and Markets , adding that he considered it to be a light industrial use . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Becker Appeal . No one spoke , there being no other persons present . Mr . Cartee asked Mr . Becker how many foxes he has and how many he expected to have . Mr . Becker stated that he has about fifty right now . and into the future he would have about 150 as the most at any one time . Mr . Cartee asked Mr . Becker how many cages he has and their size . Mr . Becker stated that he has 25 cages now that have animals in them and they are 32 sq . ft . in size . Mr . Cartee asked Mr . Becker how high the cages are off the ground and how far apart . Mr . Becker stated that they are about two feet to three feet off the ground and about five feet apart , adding that the total area of the compound is 100 ' x 150 ' . Mr . Cartee asked Mr . Becker if the pens are cleaned daily . Mr . Becker stated that they are cleaned every three days , adding that anyone is welcome to come and see the situation . Mr . Cartee stated that he was at the site this date and was not offended , adding that the area is clean and well maintained . Mr . Becker stated that he has a couple of male mink too and is anticipating getting some female mink . Mr . Austen stated that he could not find anything in the Zoning 00rdinance that allows fur -bearing animals except in an .Agricultural District 1 , 000 feet distant from any Residence District . J C Zoning Board of Appeals 29 June 27 , 1984 Mrs . Reuning stated that she would like very much to look at the situation . The Board members agreed . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , that the matter of the Appeal of Edith Becker , Allen S . Becker , as Agent , with respect to the raising of fur -bearing animals at 661 Five Mile Drive , be and hereby is adjourned until the July 1984 meeting of the Town of Ithaca Zoning. Board of Appeals in order that the members of the Board may visit the property in question . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in the matter of the Becker Appeal duly adjourned until the July 1984 meeting of the Board . ADJOURNMENT Upon Motion , Chairman Aron declared the June 27 , 1984 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 10s10 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . d Henry Aron , 'airman •