HomeMy WebLinkAboutZBA Minutes 1986-12-10 f
TOWN OF ITHACA
ZONING BOARD OF APPEALS
December 10 , 1986
A regular meeting of the Town of Ithaca Zoning Board of
Appeals was held on December 10 , 1986 in the Ithaca Town Hall ,
126 East Seneca Street , Ithaca , New York ,
PRESENT : Chairman Henry Aron , Edward Austen , Edward King ,
Joan Reuning , Town Planner Susan Beeners , Building Inspector
Andrew Frost , and Town Attorney John C . Barney .
ALSO PRESENT : Mr . and Mrs . R . F . Pendleton , Laura Holmberg ,
John Paul , Gertrude Armbruster , William Hall , Alethea C . Hall ,
Gloria Michael , Louis Michael , Jim Gardner , Urbain DeWinter ,
Susan DeWinter , Henry Theisen , Richard Berggren , Betty Berggren ,
Robert Berggren .
The public meeting opened at 7 : 00 p . m .
Chairman Aron stated that all posting and publication of the
public hearings had been completed and that proper affidavits of
same were in order .
• The first item on the agenda for consideration was as
follows :
ADJOURNED APPEAL ( from September 10 , October 15 , and
November 12 , 1986 ) of Mark Stevens , Appellant , from the
decision of the Building Inspector / Zoning Enforcement
Officer denying a Certificate of Compliance for a single
family dwelling located at 118 Compton Road , Town of Ithaca ,
Tax Parcel No . 6 - 36 - 2 - 4 . 2 , Residence District R30 , said
dwelling having been constructed with an east side yard of
less than 40 feet . Certificate is denied under Article V ,
Section 21 , and Article XIV , Section 76 , of the Town of
Ithaca Zoning Ordinance ,
Mr . Stevens was not present at the hearing and Chairman Aron
recommended to the Board that it wait until the last appeal and
if he had not shown up by that time that it be adjourned until an
indefinite date to be left at the discretion of the Chairman of
the Zoning Board of Appeals to determine when to put the matter
on the agenda . The Board concurred with this recommendation .
The next matter on the agenda was as follows :
APPEAL of Richard F . and Ann Pendleton , Appellants , from the
decision of the Building ', Inspector / Zoning Enforcement
Officer denying a Building Permit for the construction of a
a:
garage , the northeast. corner of which is proposed to be 8 . 5
feet from the east side lot line , 10 feet being required , at
2
3 - 7 . 1 , Residence District R - 15 . Permit is denied under
Article IV , Section 14 , and Article XIV , Section 75 , of the
Town of Ithaca Zoning Ordinance ,
Richard F . Pendleton addressed the Board . Mr . Pendleton
referred to a letter received from Mr . and Mrs . Blakely of 332
Forest Home Drive , Ithaca , New York stating that they had no
objection to Mr . and Mrs . Pendleton ' s plan . Mr . Pendleton stated
that they wished to build a garage on their property at 326
Forest Home Drive , Mr . Pendleton referred to a sketch of his
property which he had presented with his application . He stated
that the house is on a curve in the road on Forest Home Drive and
the house is square with the road but the east property line is
not square with the road . Mr . Pendleton stated that when he
staked the intended area where the garage was to be built it was
obvious that it sat at an angle . He continued that they would
like to square the garage up with the house for aesthetic
purposes , and if this is done the southeast corner would be 10
feet but the northeast corner would be only 8 - 1 / 2 feet .
Chairman Aron then read the letter from Mr . and Mrs .
Blakely , a copy of which letter is attached to these minutes as
Exhibit 1 in support of the application of Mr . and Mrs .
Pendleton .
Chairman Aron inquired if there was anyone from the public
who wished to speak on the matter . No one appeared and the
public hearing was closed .
Joan Reuning inquired about the vehicle passageway mentioned
in his application and Mr . Pendleton explained that he would like
to keep the vehicle passageway between the house and garage wide
enough to make it possible to get a vehicle in between to get to
the back in order to finish landscaping that was begun .
Edward King then made a motion as follows :
WHEREAS , there are practical difficulties in the garage
being 10 feet from the east line of the property :in that it
would reduce the possibility of access to the rear property
line , that access being between the existing house and
proposed garage ; and
WHEREAS , the Board finds no foreseeable damage to adjacent
property value , and
WHEREAS , it will enhance the value and appearance of the
applicant ' s property ; it is therefore
• RESOLVED , that this Board grant a variance to permit the
garage at the northeast corner of applicant ' s property to be
situated 8 - 1 / 2 feet from the east property line rather than
. 3
the usual 10 feet , the southeast corner to remain at 10
feet .
Edward Austen seconded the motion .
The voting was as follows :
Aye - Aron , Reuning , King , Austen
Nay - None
The motion was carried .
The next item on the agenda was as follows :
APPEAL of Richard and Betty Jane Berggren , Appellants , John
Lyon Paul and Katherine J . Gottschalk , Agents , from the
decision of the Building Inspector / Zoning Enforcement
Officer denying permission to operate a sculpture studio and
a second studio or shop for similar or related occupation at
the old Inlet Valley School , 855 Five Mile Drive , Town of
Ithaca Tax Parcel No . 6 - 31 - 2 - 15 , Residence District R - 30 .
Permission is denied under Article XII , Sections 53 and 54 ,
of the Town of Ithaca Zoning Ordinance ,
Chairman Aron stated that there was an environmental
assessment form before the Board and declared the Zoning Board of
Appeals as the lead agency in this matter .
Chairman Aron read numbers 1 through 6 from the application
of John Lyon Paul , a copy of which application is attached hereto
as Exhibit 2 .
Laura Holmberg , attorney for John Lyon Paul , addressed the
Board . She pointed out that 25 years ago Mr . Berggren did have a
variance for a medical laboratory in his building . She said that
it is an old and unique building and difficult to rent for
residential use . She went on to say that there does not seem to
be any reasonable use for the property unless the building is
destroyed at least within the context of residential use or the
kinds of use that are permissible . Mrs . Holmberg stated that she
felt that having a sculpture studio there would not be a
detriment to the neighborhood since the basic character of the
neighborhood is varied with the closeness of Route 13 and the
developments there . She continued that she had spoken with Jim
Warren , realtor , and he stated that in all the time that he had
the property on the market which was a couple of years that he
had never had an inquiry for this property as a residential
development .
Edward King inquired as to the character of the property to
the north . Mrs . Holmberg responded that it was vacant land
designated as wetlands .
• 4
Ms . Beeners referred to a map and informed the Board as to
the location of the property which showed that it was down in a
hole .
Chairman Aron asked Mr . Paul to tell the Board about his
proposed studio .
Mr . Paul stated that he was a sculptor and made , one piece
at a time , mostly wood carvings and sometimes metal combined with
wood carvings , and stone carvings . He went on to state that he
does not hire anyone to work for him and he did not intend to
have sales on the location . Mr . Paul said that most of his
pieces are large and are sold through galleries . Mr . Paul stated
that although some people might come to see his work at the
studio it is not a sales place . Mr . Paul further stated that he
would use some power tools inside the building so there would be
no noise pollution and no air or water pollution as a result .
Chairman Aron asked if there was anyone from the public who
wished to speak on the matter . No one appeared and the public
hearing was closed .
• Joan Reuning inquired if there would be any living quarters
on the premises and Mr . Paul responded that there would not be .
Mr . King inquired if he would be using just the ground floor
level and Mr . Paul responded that he would be working both in the
basement and the ground floor level . Mr . Paul said that because
there were - 4500 square feet in the building he would like to have
another artist use part of the building as a rental but the
operation would be very similar to his operation .
Mr . Austen inquired of Mr . Berggren what the property was
used for now and Mr . Berggren responded that it was used as a
warehouse and had been used as such for basically the last
twenty - five years . Mr . Berggren continued that he had tried to
interest several schools in locating there but after the schools
investigated the premises they found it unsuitable .
Ms . Beeners then referred again to the map of the property
and discussed the neighboring properties , and concurred with the
statement as to the isolation of the property from other
residential areas and also the compatibility of this property as
requested with a number of different land uses in the area . Ms .
Beeners further stated that in the environmental assessment form
she had made a recommendation for a negative determination
conditional upon the approval of any significant changes in use
or in the site being approved by the appropriate Town boards .
• As the environmental assessment form a motion was made by
Joan Reuning as follows :
. 5
RESOLVED , that this Board declare a negative determination
as to this appeal as to the environmental assessment ,
conditional upon the proposed second operation in the
building not being substantially different from the artist
studio as proposed herein , without retail sales , without the
hiring of additional employees , and without any living
accommodations .
Edward King seconded the motion .
The voting was as follows :
Aye - Aron , Reuning , Austen , King
Nay - None
The motion was carried .
The use variance on this matter was then discussed.
Chairman Aron read from the " Minutes of Meeting of Zoning
Board of Appeals of the Town of Ithaca , July 24 , 1961 , Richard
Berggren , Applicant . " A copy of said minutes is attached hereto
• as Exhibit 3 . A letter from G . Armbruster of 850 Five Mile
Drive , Ithaca , New York , was then read by Chairman Aron , stating
that he thought the proposed use would be detrimental to the
neighborhood . A copy of said letter is attached hereto as
Exhibit 4 .
Ms . Beeners stated that the subject property is 600 to 800
feet away from the Armbruster property and that the area is not
predominantly residential .
Joan Reuning felt that this would be a good use for this
property since it was a charming old building .
It was felt by Attorney Barney that there should be some
provisions in any motion made as to outdoor displays , outdoor
activities , etc .
After further discussion , it was moved by Edward King as
follows :
WHEREAS , this Board finds that this property is uniquely
situated being removed from residential properties and close
to a mixed zone with light industrial and commercial
businesses , and
• WHEREAS , this property is a 100 year old former schoolhouse
not readily adaptable to present requirements for
educational purposes , and apparently is without demand for
residential use , and the property presents substantial
• 6
difficulties in putting it to any use other than a storage
warehouse ; and
WHEREAS , the proposed use of one or two studios to operate
not as a factory but as an artistic endeavor is probably the
only desirable use that can be made of this property ; it is
RESOLVED , that this Board grant a use variance to permit the
proposed use of this property as one or two artist studios
with all work to be conducted inside the existing building ,
and with no enlargement or alteration of the building to
occur nor any substantial increase in the activity over that
proposed in the application to be engaged in without further
approval , that no goods or products are publicly displayed
or advertised for sale without special approval by the
Zoning Board of Appeals ; that there be no outside storage ,
and that no noise , dust , disorder , or objectiona. l odor is
experienced beyond the immediate property where such use is
conducted .
Joan Reuning seconded the motion .
The voting was as follows :
. Aye - Reuning , Aron , Austen , King
Nay - None
The motion was carried .
The next item on the agenda was as follows :
APPEAL of Robert G . and Theresa L . Berggren , Appellants ,
from a decision of the Building Inspector / Zoning Enforcement
Officer denying a Building Permit for the construction of a
residence on a 7 . 95 + acre lot located at 124 Compton Road ,
said 7 . 95 + acre lot having 60 feet of frontage along a Town
road ( Compton Road ) , 150 feet being required , and with such
proposed residence having a front yard not on a Town road ',
said 7 . 95 + acre lot being a portion of Town of Ithaca Tax
Parcel No . 6 - 36 - 2 - 4 . 2 , Residence District R - 30 . Permit is
denied under Article V , Sections 21 and 23 , and Article XIV ,
Section 75 , of the Town of Ithaca Zoning Ordinance ,
Mr . Robert G . Berggren addressed the Board . Mr „ Berggren
felt that nowhere in the zoning ordinance does it say that any
more frontage than 15 feet is necessary for a building permit to
be issued . He also stated that in his interpretation the Town of
Ithaca law does not specify any determining road frontage and
• therefore he felt he did not need a variance in this case . Mr .
Berggren presented copies of the zoning ordinance sections which
were the basis for his denial . Mr . Frost interjected at this
point that the left side of the document was from the zoning
7
ordinance and the right side was from the subdivision
regulations . A copy of such document is attached hereto as
Exhibit 5 . He went on to say that the building permit was denied
on the basis of his not having enough road frontage on the said
property . He referred to Section 23 of the zoning ordinance
which stated " . . . at the front yard set - back . " Mr . Berggren was
unable to find the front yard set - back in the definition of the
Zoning Ordinance but it is in the subdivision regulations . Mr .
Berggren pointed to a map of his property and read from the
subdivision regulations as follows : " A line on a plat usually
parallel to the center line of the street between which line and
the street line no building or structure may be erected . " He
continued that the requirements are for 150 feet of width at the
front yard setback which he felt is met on his property . Mr .
Berggren stated that he had 60 foot of road frontage on his lot ,
whereas Section 288 of the State Zoning Law requires a minimum of
15 feet for access for fire trucks , emergency vehicles , etc .
Basically he did not see the necessity for a variance since
according to the zoning ordinance he did meet the requirements .
Mr . Berggren stated that he knew from talking to several people
that his interpretation was contrary to the Board ' s
interpretation on several occasions .
Ms . Beeners called the Board ' s attention to a definition of
. front yard in the zoning ordinance on page 21 Section 17 ,
Attorney Barney read this section as follows :
"A ° front yard ' is the open space between the street right
of way line of the principal building , exclusive of
overhanging eaves and other permissible projections ,
extended to the side lines of the lot . "
Attorney Barney stated that if you read this in conjunction
with the section that says that you have to have a minimum width
of 1 50 feet for a front yard , that is why it has been
traditionally interpreted as requiring 150 feet from the road
frontage back to where the house is . He went on to state that if
you have anything less than that you have an incomplete front
yard .
Mr . Berggren felt that this was only an interpretation and
the way that the Town Board has been interpreting it in the past .
Chairman Aron said that bn the map presented it showed Stage
I and Stage II and that he understood that Mr . Berggren had
received final subdivision approval for Stage I and that in order
to have that done Mr . Berggren required an easement of 60 foot .
Mr . Berggren responded that he left a 60 foot area for future
development . Chairman Aron asked if Mr . Berggren had final
. subdivision approval on Stage II and Mr . Berggren responded that
he did . Attorney Barney interjected that the approval was
conditional upon obtaining a variance from the Zoning Board of
• 8
Appeals and Mr . Berggren said that this was correct and also upon
his deeding open space to the Town of Ithaca .
Chairman Aron then read from an " ADOPTED RESOLUTION :
Recommendation to the Zoning Board of Appeals concerning
" Schembri - Hollister Estates , " Robert Berggren , owner . Planning
Board , November 18 , 1986 . As recorded : Susan C . Beeners , Town
Planner . " Said resolution is attached as Exhibit 6 .
Chairman Aron inquired if anyone from the public wished to
speak on this matter . No one appeared . The public meeting was
then closed .
Chairman Aron inquired if Stage II was being purchased by
only one person and Mr . Berggren responded that it was and that
the purchaser intended to build only one residence and had no
intentions of subdividing the property .
Further discussion ensued on the interpretation of the
zoning ordinance regarding this matter .
After discussion it was moved by Edward King as follows :
. RESOLVED , that this Board grant a variance to permit the
construction of one residential house as permitted by R30
regulations in the Stage II parcel of 7 . 95 + acres consisting
of Parcels A and B as shown on the sketch ; and it is further
RESOLVED , that the variance permit construction of a
residence so long as it is at least 60 feet north of the
north line of Stage I , and at least 60 feet from the center
line of the 20 foot right of way which is shown as bisecting
this parcel ; and it is further
RESOLVED , that this variance be subject to the further
condition that if the subject parcels are to be further
subdivided at some time the matter will have to come before
the Planning Board for subdivision approval , and it is
further
RESOLVED , that this variance also be subject to the
provision for access to adjacent lands to be required and
that the construction of a road into the subdivision , which
road would be deeded to the Town , would also be required ,
and it is further
RESOLVED , that the applicant dedicate to the Town the
adjoining open space parcel at the northeast corner of 1 . 74
acres , including an easement across the 20 foot right of way
• extending north and then easterly into the parcel as shown
on the map and that the dedication be accomplished prior to
the issuance of a building permit ; and it is further
• 9
RESOLVED , that this variance is granted subject -to all of
the conditions proposed in the Planning Board ' s resolution
of November 18 , 1986 .
Joan Reuning seconded the motion .
The voting was as follows :
Aye - Aron , Reuning , Austen , King
Nay - None
The motion was carried .
The last item on the agenda was as follows :
APPEAL of Urbain J . and Susan DeWinter , Appellants , from the
decision of the Building Inspector / Zoning Enforcement
Officer , denying a Certificate of Occupancy for a two - family
residence , one dwelling unit having been constructed without
a permit to build , at 163 Snyder Hill Road , Town of Ithaca
Tax Parcel No . 6 - 57 - 1 - 8 . 9 , Residence District R - 15 . Permit
is denied under Article XIV , Sections 75 and 76 , of the Town
• of Ithaca Zoning Ordinance ,
Chairman Aron read a memorandum from Nancy Fuller with
reference to this appeal regarding a telephone call received from
Cathy Valentino of 110 Eastern Heights Drive , an adjoining
neighbor of the DeWinters in favor of the appeal of the Mr . and
Mrs . DeWinter . A copy of such memorandum is attached as Exhibit
7 .
Henry Theisen representing Mr . and Mrs . DeWinter spoke to
the Board . He stated that Mr . and Mrs . DeWinter bought the house
in 1978 ; the house was owned by the Blocks since 1972 ; before
that the Ponds who built the house owned it and in all of those
eighteen years it had been used as a two - family house . Mr .
Theisen went on to state that it was only in the past few weeks
that it was learned that there was never any building permit
issued for it when Mr . and Mrs . DeWinter asked for a certificate
of occupancy for refinancing on the house . Mr . Theisen stated
that this was a kind of urgent situation since the refinancing
should take place as soon as possible . Mr . Theisen felt it would
be a hardship if the DeWinters were not allowed to continue this
property as a two - family dwelling . He continued that the
basement apartment is rented to one person and the upstairs is
rented to a family .
Edward King asked if the apartments conformed with the
• requirements of the fire safety code and Mr . Frost responded that
there were several problems regarding the furnace and the hot
water heater that needed to be taken care of but that Mr . and
I
• 10
Mrs . DeWinter were working on rectifying these problems .
Chairman Aron inquired if there was anyone from the public
who wished to speak on the matter . No one appeared . The public
hearing was closed .
After further discussion , it was moved by Edward King as
follows :
RESOLVED , that this Board grant a variance waiving the
requirement of a building permit having been acquired for
the basement apartment in 1968 , and thereby authorizing the
Building Inspector to issue a certificate of occupancy for
the applicant ' s property at 162 Snyder Hill Road as a two
unit dwelling as soon as the property being brought into
compliance with the New York State Building Construction
Code as in effect in 1968 .
Joan Reuning seconded the motion .
The voting was as follows :
Aye - Aron , Reuning , Austen , King
• Nay - None
The motion was carried .
The public hearing was closed at 9 : 30 p . m .
Respectfully submitted
Beatrice Lincoln
Recording Secretary
VedAppro .
Henry Aron
Chairman
Exhibits 1 through 7 attached
•
332 Forest Home Drive
Ithaca , NY 14850
October 20 , 1986
Town Board
Town of Ithaca , NY 14850
We are aware of the intention of Mr . and Mrs . R . Pendleton
Forest Home Drive to build a garage on their
property and that the proposed site will place the structure
f,� approximatelXAG4 _fo(A closer to our property line than
the regulations currently allow . We have no objection to
this plan .
/&. A . S . Blakely
�1 �U1b1qLJc J . M . Blakely
C!�lt � L�:i'-� f�t� ;rst•-/ Q�1--�" � �� d y j � J��
i �
Exhibit 1
TOWN OF ITHACA FEE : $ 10 . 00
126 East Seneca Street RECEIVED :
Ithaca , New York 14850 CASH
( 607 ) 273 - 1747 ,
CHECK
A P P E A L ZONING :
to the For Office Use Only
Building Inspector
and
Zoning Board of Appeals
of the
Town of Ithaca , New York
Having been denied permission to maintain sculpture studio and a second studio
or shop for similar or related occupation .
at 855 Five Mile Drive , Ithaca , New York Town of Ithaca Ta::
Parcel No . 31 - 2 - 15 as shown on the accompanying
application and / or plans or other supporting documents , for the stated reason
that the issuance of such permit would be in violation of :
Article ( s ) III & XII Section ( s ) 4 & 9 and 53 & 54 resVectively
of the Town of Ithaca Zoning Ordinance ,
the UNDERSIGNED respectfully submits this appeal from such denial and , in
support of the - appeal , affirms that strict observance of the Ordinance would
impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows :
1 . The old Inlet Valley School was constructed more than 100 years ago -
. before zoning and building code restrictions .
2 . There have been potential buyers for the property for educational uses
permissible under R - 9 but the size of the building , the difficulties of bring -
ing it up to necessary standards imposed by New York State make it financially
impossible . In addition , if the character of the structure is to be .maintained ,
it cannot be modified to meet present - day educational needs - even if the - cost -
were ignored .
3, Tt hac- not nrmnPri to ha attrartiv- P to hii34Prc fpr nesirlpnt- i ;;J •1 17cA The
location of the lot , the surrounding areas , traffic and noise all militate
against residential use . The property is bordered on 2 sides by Routes 13 and
I3 -A , an abandoned highway and the railroad . Traffic is heavy . Because of the
stop sign at the intersection of Route 13A and Route 13 , the noise isparticularl
' Dated : Oc 30 Signed :
Exhibit 2
t
Ilk
obtrusive . Also , the freight trains pass close by - at odd hours .
• Close by are ; commercial zones which are developing , but there
has been no 'residential development along Route 13 - A adjacent
to this parcel . The topography with a steep bank and adjoining
marshy area with .•nearby commercial use and the noted disadvan -
tages of automobile and railroad traffic make residential devel -
opment unlikely and impractical .
4 . For the particular structure , the cost of rehabilitation
for use as a school or other public ,. use would be prohibitive
and this is especially true for conversionto residential use .
5 . The potential use of the building without extensive renova -
tion and rehabilitation is pretty much restricted to small busi -
ness use and / or theuse proposed by the Buyer to maintain a
sculpture studio with additional. space for another artisan or
small business , i . e . wood working or similar activity .
6 . The proposed use would not create pollution or nuisance
• noise , would not increase traffic . There are no adjoining resi -
dences and across Route 13 -A the zoning is for light industrial
development .
��. .� n• AOL' ° '0� 114""
-. 291
' f Minutes of Meeting
of
Zoning Board of .. Appeals of the Town of Ithaca
July 24 , 1961 .
Richard Berggren , Applicant .
The adjourned meeting of the Town of Ithaca Zoning
Board of Appeals was held at the Town Highway Barn , Elmira
Road , on Monday , July 24 , 1961 at 5 : 30 P . M . Members of the
Board present were : Chairman William. Rolston , David Powers ,
and Aldus Pogelsanger , Also present were : Robert Wells ,
Ben Boynton , Richard Berggren , Mr . Gangl , and Mr . Kelemen .
Notes from the July 22nd meeting were read .
Mr . Berggren presented a map of the property showing
adequate parking space .
After discussion , the mot :i, on was made and unani -
mously passed as follows : That the Town of Ithaca Board of
Zoning Appeals grant a variance to Richard Be and Betty J .
Berggren on the premises known as the former Inlet Valley
School District Number Three , located at the corner of Route
13 and Route 13A , to have said property used as a medical
laboratory for the normal uses of a medical laboratory , and
medical research work , and meadical teaching aid work , subject
to the following conditions :
( 1 ) That sanitary conditions be maintained to comply
with the requirements of the Tompkins County
Board of Health .
( 2 ) Keeping and maintaining . the outside of the
premises . in a neat and orderly condition .
( 3 ) Sign to be limited in size to 121 , x 181' and
to be attached at the front of the building .
This variance to be only for the purpose as herein
stated and any contemplated change will have to be on approval
of this Board of Zoning Appeals .
There being no further business , the meeting adjourned .
Respectfully submitted ,
Aldus Pogelsanger
Secretary Pro Tem .
Exhibit 3
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THEREFORE , IT IS RESOLVED ,
• That the Planning Board recommend and hereby . does recommend
to the Zoning Board of Appeals that variance of the
aforementioned sections of the Zoning Ordinance . be granted for
the construction of one dwelling on the subject parcel , subject
to the following conditions .
1 . Dedication to the Town of the adjoining open space
parcel , and execution of the easement . for the 20 foot right of
way to the open space parcel , prior to ivsuance of a building
permit. for such dwelling .
2 . If the subject parcel is further subdivided , the
Planning Board shall give -due consideration to the provision of
access to adjacent lands , and, shall require that a road to such
subdivision be constructed and deeded to the Town ,
3 . Any construction on the lot shall be located at least
60 feet from the south property line , which is the north property
line of Stage I as shown on the aforementioned map .
4 . Any construction on the lot shall be located at least
60 feet from the centerline of the 20 - foot easement .
Ayes : Baker , Grigorov , Kenerson , Klein , Langhans , May
Abstained % Mazza
r R
MEMORANDUM
TO : Henry Aron , Chairman
Zoning Board of Appeals
FROM : Nancy M . Fuller
Secretary to the Board
RE : Appeal of Urbain and Susan DeWinter
163 Snyder Hill Road
DATE : December 10 , 1986
I have , this date , received a telephone call from Cathy
Valentino , 110 Eastern Heights Drive , an abutting neighbor of the
DeWinter property .
Cathy and Carl Valentino are unable to attend the
Public Hearing this evening - - it is Cathy ' s birthday . However ,
she asked me , as Secretary to the Board , to transmit on her
behalf and with the concurrence of her husband , the following
message to the Board .
Both Mr . and Mrs . Valentino were building their home at
the time of the construction of the , then , Pond house ( 1968 ) .
She recalls vividly that the building permit for the Pond house
clearly indicated that the home to be constructed was a single
family house - - one dwelling unit . However , to her own knowledge
an apartment was included during that construction and without
approval , and has been a two - family house always .
Mrs . Valentino stated that , in her opinion , the
DeWinter ' s inherited this problem and should not have to pay the
price for someone else ' s wrongdoing . Mrs . Valentino stated that
the DeWinter house , as a two - family residence , poses no problem
to her or to her husband . Mrs . Valentino stated that the
residents of the house are quiet and pleasant . Mrs . Valentino
stated that she is unaware of any illegal occupancy problems .
Mrs . Valentino did say that she had one minor problem ,
which is that the clothesline in the backyard of the DeWinter
property is almost , if not actually , on her property line , adding
that if it could be moved farther inside the DeWinter line , it
would be appreciated very much .
Mrs . Valentio stated that neither she nor her husband ,
oppose the granting of the DeWinter appeal .
of
Exhibit 7
ADOPTED RESOLUTION : Recommendation to the Zoning Board of Appeals
concerning " Schembri - Hollister Estates " , Robert Berggren , owner .
Planning Board , . November 18 , 1986
As recorded : Susan C . . Beeners , Town Planner
Motion by Carolyn Grigorov ; seconded by James Baker :
WHEREAS :
1 . This action is the consideration of a recommendation to the
Zoning Board of Appeals with res-pect, to a forthcoming appez4I. to
said Board from a decision of the Building Inspector / Zoning
Enforcement Officer denying a building permit for the
construction of a residence on a proposed 7 . 95 - acre lot with less
than 150 feet of frontage along a Town road and with a front yard
not on a Town road ( pursuant to Article V , Sections 21 and 23 of
the Town of Ithaca Zoning Ordinance ) , located at 124 Compton
Road , Town of Ithaca Tax Parcel No . 6 - 36 - 2 - 4 . 2 .
2 . The Planning Board reviewed a SEOR Short Environmental
Assessment Form for Stages I and II of the subdivision which
includes the subject parcel at a Public Hearing on October 29. ,
1985 , and made a negative determination of environmental
significance .
3 . The Planning Board granted Preliminary Subdivision Approval
for
. this subdivision at a Public Hearing on October 29 , 1985 .
• 4 . The Planning Board granted Final Subdivision Approval
Stage I of this subdivision at a Public Hearing on May 22 , 1986
( as adjourned from May 20 , 1986 ) subject to the following
condition :
That drainage improvements be developed in accordance with
those improvements shown on " Drainage Plan - Robert G . and
Theresa L . Berggren - Developer - Compton Road , Military Lot 86 ,
Town of Ithaca , Tompkins County , New York " , dated May 22 ; 1986 ,
by T . G . Miller Associates , P . C . , Engineers and Surveyors , and to
the satisfaction of the Town Engineer ,
5 . Those drainage improvements which were conditions of Final
Subdivision Approval of Stage I of this subdivision have been met
to the satisfaction of the Town Engineer ,
6 . The Planning Board at a Public Hearing on November 18 , 1986
has reviewed the following map : " Subdivision Map ,
Schembri -Hollister Estates . Compton Road , Military Lot 86 , Town
of Ithaca , Tompkins County , New York " , dated September 16 , 1982 ,
amended March 27 , 1985 , July 29 , 1985 , and August 21 , 1986 , by
T . G . Miller Associates , P . C . , with such map marked in red to show
the proposed sale of " Stage II " , as a single parcel , which is a
7 . 95 acre parcel and which includes a 60 foot right of way to
Compton Road , and a proposed 20 foot right of way for access to
• the adjoining open space parcel .
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Exhibit- 5