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HomeMy WebLinkAboutZBA Minutes 1985-05-15 • TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 15 , 1985 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , May 15 , 1985 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Joan G . Reuning , Jack D . Hewett , Lewis D . Cartee ( Town Building Inspector ) , Peter G . Grossman , � Esq . ( Town Attorney ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Adolph Turco , Betty Turco , Velma Jackson , Martian Woolley , Manning Woolley , Isobella Spencer , Anna H . Ri'ederer , Heinz P . Riederer , Elaine Gries , David Gries , Constance E . Cook , Pamela E . Sackett , Stephen E . Sackett , Andrew Sackett , Chairman Aron declared the meeting duly opened at 7 : 08 p . m . and welcomed those in attendance , thanking them for their interest in Town government and urging that their interest continue toward attending Planning Board and Town Board meetings . Chairman Aron stated that unless there is citizen input into Board decisions , those decisions are made without the benefit of such input . Chairman Aron accepted for the record the Clerk ' s Affidavit of Posting * Ithaca and Publication of the Notice of Public Hearings ( 2 ) in Town Hall and the Journal on May 7 , 1985 and May 10 , 1985 , 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 Clerk of the City of Ithaca , upon the Acting Tompkins County Administrator , upon the Tompkins County Commissioner of Planning , and upon each of the Appellants and / or Agent , as party to the action , on May 9 , 1985 . ADJOURNED APPEAL ( FROM MARCH 20 , 1985 AND APRIL 17 , 1985 ) OF ROBERT A . BOEHLECKE JR . , LAWRENCE HULL , AGENT , IN RE THE USE OF AN EXISTING STRUCTURE ( BARN ) , LOCATED IN RESIDENCE DISTRICT R9 , FOR AN OFFICE , SHOP , AND STORAGE OF PLUMBING SUPPLIES , WITH THREE EMPLOYEES , AT 611 FIVE MILE DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 31 - 2 - 2 . 1 . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 10 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Boehlecke , Mr . Hull , Attorney Galbraith were not present . Chairman Aron read aloud as follows : " May 10 , 1985 Received May 13 , 1985 Mr . Lewis D . Cartee . . . Re : Variance Application of Lawrence Hull ( 611 Five Mile Drive ) �' . . . , Zoning Board of Appeals 2 May 15 , 1985 My client , Mr . Lawrence Hull , wishes to withdraw the variance application • which he has submitted and concerning which an adjourned hearing is scheduled before the Board of Zoning Appeals on May 15 , 1985 . The withdrawal of this application is without prejudice to any subsequent application which Mr . Boehlecke or Mr . Hull may wish to make in respect to the property . Neither Mr . Hull , Mr . Boehlecke nor myself will be appearing on May 15th and I would appreciate it if you would advise the Board that the application is withdrawn . Very truly yours , ( sgd . ) DAG Dirk A . Galbraith cc . Mr . Lawrence Hull " Chairman Aron stated that , having read this letter , the matter is moot . Chairman Aron thanked those present for coming . Mrs . Velma Jackson , 612 Hancock Street , spoke from the floor and asked if Mr . Hull could apply again , with Chairman Aron responding , yes . Mrs . Anna H . Riederer , 496 Five Mile Drive , spoke from the floor and asked if Mr . Hull can continue with his business . Town Attorney Grossman responded that there is an existing order , having been issued by the Building Inspector ,,, that he is in violation ; the matter is in the hands of the Building Inspector . Noting that everyone in the meeting room , with the exception of the • Sacketts , was leaving , Chairman Aron pointed out that the public was not required to leave , adding that the Board would be pleased to have them all stay and listen to the next case as he had spoken about at the opening of the meeting . No one stayed . APPEAL OF RICHARD BERGGREN , APPELLANT , SUSAN [ PAMELA ] E . SACKETT , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING IN RESIDENCE DISTRICT R9 ON A LOT WITH NO FRONTAGE ON A TOWN ROAD AND WITH BOTH SIDE YARDS DEFICIENT , AT 185 KENDALL AVENUE , TOWN OF ITHACA TAX PARCEL NO . 6 - 54 - 4 -- 19 . PERMIT IS DENIED UNDER SECTION 280 - a OF THE TOWN LAW , AND ARTICLE III , SECTION 71 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 : 15 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mrs . Sackett was present , together with Mr . Sackett and their young son , Andrew . Mr . Cartee spoke to the Board and stated that he would apologize for having listed Mrs . Sackett ' s name as " Susan " ; her name is Pamela . Chairman Aron read aloud from the Appeal Form as signed and submitted by Pamela E . Sackett under date of May 6 , 1985 , as follows : " . . . Having been denied permission to a [ sic . ] building permit for a single family dwelling at 185 Kendall Ave . . . . Without a permit to do this , it would be • impossible to build a home . " r Zoning Board of Appeals 3 May 15 , 1985 Mr . Cartee presented to the Board a single copy of a Survey Map • entitled " Lands of Richard Berggren , Reputed Owner " , Deed Ref . L499 , P988 , Tax Map Parcel 54 - 04 - 19 , dated 1 May 1985 , signed and sealed by Robert James Stockwin , L . L . S . , of John S . MacNeill , Jr . , P . C . , Consulting Engineers and Land Surveyors , 74 North West St . , Homer , N . Y . 13077 . Chairman Aron , speaking to Mrs . Sackett , noted that she wanted to build a house there . Mrs . Sackett responded , yes . Chairman Aron asked Mrs . Sackett how soon she would like to build . Mrs . Sackett stated that that depended on two things - - ( 1 ) the decision tonight , and , ( 2 ) being able to obtain Title Insurance . Mrs . Sackett stated that even if the Board ' s decision were favorable , if she could not obtain Title Insurance she would not buy the lot . Mrs . Sackett noted that the transfer of title for this lot would be by Quit Claim Deed . Mrs . Sackett stated that , if everything is completed as she hoped it would be , she would say that within the next three months should would be building . Chairman Aron referred to the Survey Map which was before the Board and noted that there was an outline of a house drawn on it which showed side yards of 5 feet each . Chairman Aron pointed out that there was a deficiency of 5 feet for each side yard . Chairman Aron asked if Mrs . Sackett were going to build a two - story house . Mrs . Sackett stated that she was not , adding that it would be a raised ranch modular home . Mrs . Sackett had with her a brochure which she showed the Board members and which had a picture much like the house she was going to build . Mrs . Sackett commented that the neighbors seem to think there is a lot of income property being built up there , adding that Mrs . Martin had received a Notice and told her [ Sackett ] that she was concerned that she [ Sackett ] was going to put up a two - family house up there and rent to students . Mrs . Sackett stated that Mrs . Martin had told her about problems with students . Chairman Aron commented that the Board does not differentiate between students and persons . Mrs . Reuning asked what is located on the other sides of this lot . Mrs . Sackett stated that both lots are vacant and both owned by Joseph Cardonia , Mrs . Sackett commented that , actually , this [ indicating the picture in the brochure ] is not the house she really wanted to put up but it is the only one that fits on the lot . Mrs . Sackett asked if she were obliged to put this particular house on the lot . Chairman . Aron stated that if the Board feels that Mrs . Sackett should have an area variance , this would be the maximum house she could put up , adding that it could be smaller but not larger and did not have to be that exact house . Chairman Aron suggested that if the Board were to make a decision which would be favorable to her request , Mrs . Sackett should discuss that matter with the Building Inspector . Chairman Aron , noting that there was no one present at all , other than the Board , the Secretary , Mr . Cartee , Mr . Grossman , and Mr . Sackett and Andrew , asked if there were any questions . There were none . MOTION by Mr . Henry Aron : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of five feet ( 51 ) from each of the side Zoning Board of Appeals 4 May 15 , 1985 yard requirements of Article III , Section 7 , of the Town of Ithaca Zoning • Ordinance , said requirement being ten feet ( 10 ' ) , thereby permitting the construction of a single family dwelling at 185 Kendall Avenue , Town of Ithaca Tax Parcel No . 6 - 54 - 4 - 19 , such that the side yard lot lines are not less than five feet ( 51 ) . By way of discussion , it was noted that this particular lot is not on a dedicated Town road and so , under Town Law , Section 280 - a , a building permit cannot be issued . Mr . Cartee stated that he had discussed this situation with the ' Town Engineer , Lawrence Fabbroni , who indicated that the road could be extended by the owner , however , any further construction would require road construction to Town specifications and dedication . Chairman Aron added . AND FURTHER RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Section 280 - a of the Town Law such that a single family dwelling may be constructed on the subject property , 185 Kendall Avenue , Town of Ithaca Tax Parcel No . 6 - 54 - 4 - 19 , without there being frontage on a Town road . Mr . Jack Hewett seconded the MOTION . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . • The MOTION was declared to be carried unanimously and is set forth below . " RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of five feet ( 51 ) from each of the side yard requirements of Article III , Section 7 , of the Town of Ithaca Zoning Ordinance , said requirements being ten feet ( 10 ' ) , thereby permitting the construction of a single family dwelling at 185 Kendall Avenue , Town of Ithaca Tax Parcel No . 6 - 54 - 4 - 19 , such that the side yard lot lines are not less than five feet ( 51 ) , AND FURTHER RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Section 280 - a of the Town Law such that a single family dwelling may be constructed on the subject property , 185 Kendall Avenue , Town of Ithaca Tax Parcel No . 6 - 54 - 4 - 19 , withoutthere being frontage on a Town road . " Chairman Aron declared the Public Hearing in and the matter of the Berggren - Sackett Appeal duly closed at 7 : 30 p . m . Mr . and Mrs . Sackett thanked the Board members for their time and consideration . Mr . Hewett expressed his hope that some day Mrs . Sackett would be able to have the house she really wanted . • ADJOURNMENT Zoning Board of Appeals 5 May 15 , 1985 Upon Motion , Chairman Aron declared the May 15 , 1985 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 7 .& 35 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry Aron hairman • •