HomeMy WebLinkAboutZBA Minutes 1989-02-08 FILED
TOWN OF ITHACA
Date .Y /6
• TOWN OF ITHACA ZONING BOARD OF APPEALS Clerk4
FEBRUARY 8 , 1989
The Town of Ithaca Zoning Board of Appeals met in regular session
on Wednesday , February 8 , 1989 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 7 : 00 p . m .
PRESENT : Vice Chairman Edward N . Austen , as Chairman , Edward W . King ,
Eva Hoffmann , John C . Barney ( Town Attorney ) , Andrew Frost
( Building Inspector / Zoning Enforcement Officer ) .
ALSO PRESENT : Jonathan Albanese , Esq . , Eric Friedland , Steve Saggese ,
Michael Barrett , Rhoda Barrett , Richard Berggren , Fred
Beck , Esq . , Kinga Gergely , Ron Simpson , Robert &
Barbara Cotts , Gene Ball , L . C . Bolyard , Celia Bolyard ,
Helen Slepetis , Ed Cobb , Fred T . Wilcox III , Robert
Constable , Lydia Hillman , Peter Hillman , Richard
Herskowitz , Jane Schafrik , John Whitcomb , Edwin
Hallberg .
Vice Chairman Austen declared the meeting duly opened at 7 : 00
Pam *
• Vice Chairman Austen stated that all posting and publication and
service by mail of the Public Hearings had been completed and that
proper affidavits of same were in order .
The first matter on the agenda was as follows :
APPEAL OF MICHAEL POPOVICI , OWNER / APPELLANT .. ERIC FRIEDLAND ,
PURCHASER / AGENT , REQUESTING A SPECIAL PERMIT , UNDER ARTICLE III ,
SECTION 4 , PARAGRAPH 2b , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR
THE OCCUPANCY OF AN EXISTING TWO - FAMILY DWELLING LOCATED AT 235
CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 54 - 7 - 441 RESIDENCE
DISTRICT R- 9 , BY A TOTAL OF FOUR UNRELATED PERSONS , SAID PREMISES
HAVE PREVIOUSLY BEEN GRANTED SPECIAL PERMITS FOR OCCUPANCY BY FOUR
UNRELATED PERSONS ,
Attorney Jonathan Albanese approached the Board and stated that
he was before the Board on behalf of Mr . Friedland , but noted that Mr .
Friedland was present and was prepared to answer any questions the
Board might have .
Attorney Albanese stated that Mr . Friedland is not the owner of
the property , he is currently under a contract to purchase the
property , adding , Mr . Friedland has what could be considered a double
contingency on the contract , noting that the first contingency is
obtaining the requested Special Permit , and the ' second contingency is
receiving bank financing to purchase the property . Attorney Albanese
• commented that , if Mr . Friedland does not receive the Special Permit ,
then he will be unable to receive bank financing per the bank
officers .
Zoning Board of Appeals - 2 - February 8 , 1989
At this point , Attorney Albanese referred to the Appeal Form and
attached statement , which are attached hereto as Exhibits 1 and 2 .
Attorney Albanese , referring to the attached statement , expanded on a
few matters concerning the property . Attorney Albanese stated that ,
at the present time , the property is in very poor condition , and noted
that the property has been run down and neglected for many years .
Attorney Albanese commented that , if Mr . Friedland purchases the
property , he would proceed with massive renovation of the property .
Attorney Albanese stated that one of the key points to the application
for a permit is that there is an upstairs apartment with one bedroom ,
and a downstairs apartment that currently has three bedrooms .
Attorney Albanese stated that , if only three unrelated persons are
allowed in the structure the rent - roll would not be sufficient to
support the mortgage , taxes , and insurance . Attorney Albanese
informed the Board that his client , Mr . Friedland , put together a
quick synopsis of the comparison between three persons versus four
persons .
Board member Edward King wondered what the dimensions of the
house were . Attorney Albanese responded that he did not have that
information , as there has not been a survey of the property . Attorney
Albanese also pointed out that the subject property had been granted a
Special Permit in the past . [ Copies attached as Exhibits 3 and 4 . 1
Vice - Chairman Austen asked how many persons were presently
residing in the building . Attorney Albanese answered that , currently ,
he believed there were two , and that they were relatives of the owner ,
adding , there are also a couple of children . Attorney Albanese
offered that the building is currently owned by an out - of - town owner
named Michael Popovici , and commented that the property is being taken
care of by Sandra Sage , a relative of Mr . Popovici .
At this time , Vice - Chairman Austen read aloud a letter addressed
to the Town Of Ithaca Zoning Board of Appeals , from Barbara Cotts of
the Northview Road Civic Association , dated February 8 , 1989 , a copy
of which is attached hereto as Exhibit 5 .
The public hearing was then opened .
Ron Simpson of 112 Pine View Terrace spoke from the floor and
voiced his objection to the granting of a Special Permit . Mr . Simpson
said that he would verify that the particular area in question is a
real bottleneck , commenting that he felt the parking situation was
simply horrendous . Secondly , Mr . Simpson stated that he believed
everyone was aware that subject area has become a neighborhood issue ,
and a battle zone , in trying to retain single - family housing versus
student rentals .
Peter Hillman of 370 Stone Quarry Road approached the Board and
stated that he was very strongly opposed to any variances with regard
to student occupancy greater than three unrelated persons , especially
within a family neighborhood .
Robert Constable of 343 Coddington Road appeared before the Board
f
Zoning Board of Appeals - 3 - February 8 , 1989
• and stated that he had a concern with the traffic situation , noting ,
cars are parked on both sides of the street . Mr . Constable said that
he was strongly opposed to the granting of a Special Permit ,
Robert Cotts of 115 Northview Road addressed the Board and stated
that he was opposed to the variance . Mr . Cotts offered that the house
in question is very close to the road , and there is very little room
in front of the house for parking . Secondly , Mr . Cotts stated that he
felt that having a permit for four people would not work .
Kinga Gergely of 106 Juniper Drive spoke from the floor and
expressed a concern as to the way people have to back out onto
Coddington Road . Ms . Gergely wondered about hardship in that if four
people are needed to live there , then maybe the house is not worth
that much .
Eric Friedland , the proposed purchaser of the property ,
approached the Board . Mr . Friedland remarked that the property , at
the present time , is an eyesore , and commented that he intends to
bring the property back up to code . Mr . Friedland stated that in
order to renovate the house a fourth person has to be in the house to
have it anywhere near of breaking even . Mr . Friedland commented that
there are five parking spaces provided , but noted that if it were a
major concern of the Board , it would be possible to put a driveway
going down around the back of the house , and move all of the parking
• to the rear . Mr . Friedland announced to those present that , if the
special permit is granted , and he does purchase the house , the house
will be painted , cleaned up , and he will guarantee the house will
never be seen in the condition it is now .
Vice -Chairman Austen asked if there were anyone else who wished
to speak to this issue . No one spoke . Vice - Chairman Austen closed
the Public Hearing .
Mr . King asked Mr . Friedland if he intended to live in the house .
Mr . Friedland answered , no . Mr . King also wondered if Mr . Friedland
owned any other rental property in Ithaca . Mr . Friedland responded
that he owns a house located at 810 East State Street , and another one
at 410 South Aurora Street , adding that he does not live in either one
of those houses . Mr . Friedland offered that there were approximately
1500 square feet on the first floor on the house in question .
Mr . King , directing his question to Attorney Albanese , wondered
how many people have owned the property since the McFall ownership .
Attorney Albanese responded that the deed to the current owner ,
Michael Popovici , was dated September 8 , 1980 , noting , that was a deed
from Diane Popovici . Eva Hoffmann wondered if any new Special Permits
had been granted since 1978 , with Andrew Frost , Building
Inspector / Zoning Enforcement Officer answering , no .
Mr . Frost stated that there are several properties in the area
• that present constant problems . Mr . Frost offered that the old
problems are resolved , but new problems come back . Mr . Frost noted
that these are student rental houses , and they are located at 229
Zoning Board of Appeals - 4 - February 8 , 1989
• Coddington Road , and 320 Coddington Road , Continuing , Mr . Frost
referred to the reduced size tax parcel map of the area , a copy of
which is attached as Exhibit 6 .
Mr . Frost stated that , over the past 1 - 2 years he has made
several contacts with the Tompkins County Sheriff ' s Department to have
them ticket cars illegally parked . Mr . Frost described the extent of
the No Parking areas along Coddington Road wherein he has authority to
ask the Sheriff to ticket cars . Mr . Frost stated that if any of the
neighbors have a complaint , they should call him immediately , or write
a letter , and not wait for a Public Hearing to voice a complaint .
Attorney Albanese offered that the lot size of the house in
question is 125 ' by 1901
.
Vice Chairman Austen read aloud , for the record , Article III ,
Section 4 , Paragraph 2 , of the Town of Ithaca Zoning Ordinance for
Residence District R- 9 , which states : " A two family dwelling , provided
that the second dwelling unit shall not exceed 50 % of the floor area
excluding the basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the basement area ,
it may exceed 500 .
2a . A two - family dwelling shall be occupied by not more than
two families , except that the following occupancies may also
• be permitted .
( 1 ) If each of the two dwelling units in a two - family
house is occupied by a family , then each such unit may
also be occupied by not more than one boarder , roomer ,
lodger or other occupant ;
( 2 ) If one of such two units is occupied solely by a
family , then the other unit may be occupied by not
more than two boarders , roomers , lodgers or other
occupants ;
( 3 ) If neither of such units is occupied by a family ,
then the total numbers of such occupants in such
two - family dwelling shall be no more than three .
2b . One or two family dwellings may be occupied by more than
the occupants permitted by Section 2a by Special Permit of
the Board of Appeals upon application to such Board . "
Vice Chairman Austen stated that the Special Permit that was
issued expired August 31 , 1979 .
MOTION by Edward King , seconded by Eva Hoffmann :
RESOLVED , that this Board find and hereby does find as follows :
( a ) That the particular property concerned presents somewhat
of an unusual problem in that it apparently will not sell as
® a single - family house with reasonable effort , judging from
the last ten years of attempts to sell , and
Zoning Board of Appeals - 5 - February 8 , 1989
( b ) That the granting of a Special Permit with conditions
imposed , which the applicant has accepted , will actually
result in an improvement of the traffic situation in the
area , and an upgrading of this particular property itself ,
as far as its appearance , and
( c ) That it would be in keeping with the spirit of the
Zoning Ordinance , and
FURTHER RESOLVED , that the Zoning Board of Appeals grant and
hereby does grant the requested Special Permit for the occupancy of
235 Coddington Road by no more than four unrelated persons , as a
Special Permit under Section 4 , Subdivision 2b , of the Zoning
Ordinance ,
SUBJECT TO THE FOLLOWING CONDITIONS :
1 . That the parking just off the highway to the south of the
residence as it now exists , will be terminated with all
deliberate speed , and that area will be blocked by a fence or
shrubbery or by whatever other reasonable methods the owner
selects to prevent others from using that as a parking space .
2 . That parking be provided for occupants of the house by a driveway
such as the owner has described , running from Coddington Road to
the north side of the house and around to the rear , so that all
parking is well off the street behind the house .
3 . That the garbage bin be hidden from view , and removed from its
immediate proximity to the highway .
4 . That there be no parking , whatsoever , in the front yard or
M
mmediate side yard .
5 . That the parking area behind the house to the east be large
enough for at least four vehicles , and sufficiently large to
prevent a turnaround so that the vehicles exiting that driveway
can come out frontward on Coddington Road ,
6 . That the Special Permit be limited such that the Board has a
review of the situation three years from now , February 8 , 1992 ,
and such that it is subject to revocation by this Board , after
notice of hearing to the applicant , if the applicant does not
comply with the conditions , or if there are other complaints
concerning use of the premises .
vote . There being no further discussion , the Vice - Chair called for a
Aye - Austen , King , Hoffmann .
Nay - None .
The MOTION was declared to be carried unanimously .
Zoning Board of Appeals - 6 - February 8 , 1989
The second item on the Agenda was the following :
APPEAL OF RICHARD AND BETTY JANE BERGGREN , OWNERS / APPELLANTS , MICHAEL
J . AND RHODA BARRETT , CONTRACT VENDEES / AGENTS , REQUESTING VARIANCE OF
THE REQUIREMENTS OF SECTION 280 - a OF NEW YORK STATE TOWN LAW AND OF
ARTICLE IV , SECTION 16 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR
THE CONSTRUCTION OF A RESIDENTIAL DWELLING ON A PARCEL OF LAND NOT
FRONTING ON A TOWN , COUNTY , OR STATE HIGHWAY , SUCH PARCEL BEING TOWN
OF ITHACA TAX PARCEL NO , 6 - 26 - 4 - 17 , LOCATED ON HILLCREST DRIVE , A
PRIVATE ROAD , IN A RESIDENCE DISTRICT R- 15 .
Attorney Frederick Beck approached the Board and stated that he
was before the Board on behalf of the applicants .
Vice -Chairman Austen read aloud from the Appeal of Richard and
Betty Jane Berggren , a copy of which is attached to these minutes as
Exhibit 7 .
Attorney Beck stated that the applicants are proposing
construction of a single story one - family home on Hillcrest Drive ,
which is presently a private drive that runs off the northeasterly
side of Trumansburg Road . Attorney Beck noted that this particular
area now has approximately seven or eight private dwellings existing
on the private drive .
Continuing , Attorney Beck offered that the lot is equipped with
public utilities in the form of gas , electric , and public water ,
noting , there would be a septic system serving subject premises , and
there is a waste disposal permit that is in effect for the service of
this particular lot .
Edward King referred to the Tax Parcel Map , and wondered how the
subdivision came about . Attorney Beck noted that he thought the
subdivision dates back to the 1950 ' s . [ Tax Map attached hereto as
Exhibit 8 . ]
Andrew Frost , Building Inspector / Zoning Enforcement Officer noted
that it was his assumption , since the parcel is shown on the Tax
Parcel Map , that the County Assessment must have some kind of record
or deed on file to have created the parcel in the first place .
Attorney Barney , referring to the Survey Map , stated that he was
a little puzzled as to the interplay of the diagram . Attorney Barney
remarked that the diagram shows a house with pretty much right angles
and square corners , with Attorney Beck responding that that would have
to be changed to fit the requirements of the lot . [ Survey Map
attached hereto as Exhibit 9 . ]
Edward King asked about the sewer system . Mr . Berggren responded
that the system was designed for the lot . Mr . King inquired about the
roadway . Attorney Beck responded that the composition of the road was
® dirt and crushed stone , commenting that he thought the maintenance of
the road was the responsibility of the homeowners along the street .
Mr . Berggren commented that the gravel road varies in width , the
Zoning Board of Appeals - 7 - February 8 , 1989
• actual roadway itself is about 16 feet , and down toward the end of the
cul de sac it widens out where a car can turn around .
Attorney Beck stated that the projected use of subject property
is no different from any other lot on the road . Mr . Frost remarked
that as long as the applicant was able to maintain the proper
set -backs , then the existing lot conforms to a single - family home .
Attorney Barney said that the lot is non - conforming as to the current
Zoning Ordinance , the question is whether it was a conforming lot at
any time , commenting , there is the 1954 Ordinance which indicates that
when there is water , one could have , in 1954 , a lot 80 feet in width
anywhere in the Town . Attorney Barney noted that said lot was 79 . 9
feet in width , if the road frontage is accepted as being the measure
of the width . Attorney Barney stated that the other question was
whether water was there in 1955 when the land was plotted , commenting ,
if it was not , then the minimum lot size in 1955 was 100 feet .
At this point , Vice - Chairman Austen read aloud a letter addressed
to the Zoning Board of Appeals from James E . Gardner Jr . , dated
February 6 , 1989 , a copy of which is attached as Exhibit 10 .
Vice - Chairman Austen opened the Public Hearing .
Celia Bolyard of 13 Hillcrest Drive approached the Board and
stated that she lived across the street , as Number 11 was numbered
incorrectly . Ms . Bolyard said that her house was built 4 - 1 / 2 years
ago , and added that she owns the lot to the south , which offers them
privacy . Ms . Bolyard offered that she has been involved in real
estate for the past seven years , and happens to know quite a bit about
property values . Ms . Bolyard noted that her lot is only 97 feet in
width , and the Gilberts ' lot , built by Barbara Whitlark , is also only
80 feet wide . Ms . Bolyard stated that they were not required to apply
for a variance .
Continuing , Ms . Bolyard stated her objections for the following
reasons .
1 . To have three houses so close together will reduce
the value of all three . If it should be necessary to sell ,
it would be much more difficult to find a buyer , especially
in the Town of Ithaca where it is generally expected that
lots should be at least 100 feet in width .
2 . Having three houses so close together will be out of
character with the rest of the street .
3 . Allowing a house to be built on such a narrow lot will
set a precedent , it is not a time to be granting variances
when a Comprehensive Plan is in the works .
4 . Already , fifteen cars are traveling on the road . Another
® house would mean one or two more cars traveling on the road
and entering and exiting from Route 96 . Hillcrest Drive is
maintained by the property owners living along it , and noted
Zoning Board of Appeals - 8 - February 8 , 1989
• that potholes are not uncommon , nor is dust in the summer .
Ms . Bolyard requested that the Zoning Board of Appeals reject the
Appeal .
Richard Berggren of Williams Glen Road spoke from the floor and
stated that he did own the lot in question , and has owned it for over
ten years . Mr . Berggren referred to the size of the lots that Ms .
Bolyard had mentioned and noted that both owners had received building
permits without a variance . Mr . Berggren said that the lots were
established , he thought , back in 1951 by the Health Department . Mr .
Berggren noted that there was student housing on the road , there are
many deed violations on the road , deed restrictions as far as
set - backs and deed restrictions as far as occupancy in single - family
homes . Mr . Berggren offered that he owns the property , which consists
of 36 acres , to the east and to the north , commenting that he
purchased the land back in 1977 or 1978 .
Ms . Bolyard wondered about the plans for a driveway , parking
spaces , or garage . Mr . Berggren said that the house would probably be
smaller than the adjacent dwelling , and the parking would be to the
west of the house . Mr . Berggren stated that a garage is not planned
at this time . [ Plans of the proposed house attached hereto as Exhibit
11 . ]
® Helen Slepetis of 15 Hillcrest Drive spoke from the floor and
stated that she is a neighbor directly across the street from the
property in question . Ms . Slepetis wondered if there were a fire
ordinance because the houses are so close . Ms . Slepetis offered that
she has resided on Hillcrest Drive since September of 1985 .
Eugene Ball of 1317 Trumansburg Road asked about the Fire Code .
Andrew Frost , Building Inspector / Zoning Enforcement Officer responded
that Code allows as close as 12 feet between buildings . Mr . Frost
noted that there are no fire limits by Building Code on Hillcrest
Drive . Mr . Frost stated that Building Code would require a certain
distance of a building from a road for access for occupancies other
than one and two - family residences , adding , a building code does not
address whether one has to be 100 feet from a road or access driveway .
Mr . Frost noted that the Fire Department likes access width for a
vehicle up to 25 feet .
Ms . Bolyard of 13 Hillcrest Drive mentioned that the garbage
truck has to back out sometimes . Board Member Eva Hoffmann asked Ms .
Bolyard why the garbage truck had to back out sometimes . Ms . Bolyard
thought it was because there was not enough space at the end of the
cul de sac to turn around , and because of cars parked or because of
snow . Ms . Bolyard stated that the cars belong to the tenants across
the street , which is the Fisher property . Mr . Berggren offered that
Hillcrest Drive is just about 950 feet in length , and commented that
he owns the road .
® Vice - Chairman Austen asked if there were anyone else who wished
to speak to this issue . No one spoke . Vice - Chairman Austen closed
Zoning Board of Appeals - 9 - February 8 , 1989
• the Public Hearing .
Mr . King noted that , under Section 280 - a of New York State Town
Law , the Board can grant a variance for the use of such private
access , as this is a pre - existing development with a filed map . Mr .
King said that it appeared that there is at least a 15 - foot wide
improved section of the road besides a 50 - foot total right- of - way .
Mr . King felt that the Board would almost be guilty of an illegal
discrimination to say that one particular lot cannot be improved
because the neighbors would prefer that it remain vacant . Mr . King
commented that that could deprive a lot of people of valuable property
along subject road , as there are seven or eight more potential
building lots located there . Mr . King referred to Section 280 - a ,
Subdivision 5 , of the New York State Town Law which states : " For the
purposes of this section the word " access " shall mean that the plot on
which such structure is proposed to be erected directly abuts on such
street or highway and has sufficient frontage thereon to allow the
ingress and egress of fire trucks , ambulances , police cars and other
emergency vehicles , and , a frontage of fifteen feet shall
presumptively be sufficient for that purpose . "
Mr . Frost wondered if there were any fire hydrants nearby , with
Mr . Berggren responding , not on that street , the closest one is by the
apartment complex on Trumansburg Road .
® There appearing to be no further discussion , Vice - Chairman Austen
asked if anyone were prepared to make a Motion .
MOTION by Edward King , seconded by Eva Hoffmann :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals find
and hereby does find , as follows :
1 . That the lot has existed for at least some 30 - 35 years on a
Subdivision Map filed in the Tompkins County Clerk ' s office .
2 . That the lot has been separately taxed as a separate building lot
for some years .
3 . That it would be impossible to enlarge the lot in this area
now , because both lots north and south of this are already
improved .
4 . That the grant of variances is upon the understanding that
the safety of the community has been provided for by the
existence of a 16 - foot existing driveway with a 50 - foot
right - of -way , and
FURTHER RESOLVED , that this Board grant and hereby does grant
Special Permit under Subdivision 3 of Section 280 - a of the Town Law to
permit the applicants to construct a dwelling on this particular tax
® parcel , and
FURTHER RESOLVED , that this Board grant a variance for this lot
Zoning Board of Appeals - 10 - February 8 , 1989
• from Section 16 of the Ordinance as to the minimum width of the lot ,
approving this lot as 79 . 9 feet in width , subject to the following
conditions :
1 . That the applicants do apply to the Building Inspector / Zoning
Enforcement Officer for a building permit , and conform to all
other provisions of the Zoning Ordinance .
2 . That off - street parking is provided well off the right - of -way ,
which is 50 feet in width .
There being no further discussion , the Vice - Chair called for a
vote .
Aye - Austen , King , Hoffmann .
Nay - None .
The MOTION was declared to be carried unanimously .
The third item on the agenda was as follows .
APPEAL OF DEER RUN INVESTORS L . P . , APPELLANTS , EDWIN A . HALLBERG ,
AGENT REQUESTING A VARIANCE , UNDER SECTION 9 OF TOWN OF ITHACA LOCAL
LAW NO . 7 - 1988 , AS AMENDED , REQUIRING SPRINKLER SYSTEMS TO BE
INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA " SUCH THAT BUILDINGS N0 .
31 THROUGH 36 AND BUILDINGS N0 . 38 AND 39 , A TOTAL OF 33 DWELLING
UNITS LOCATED IN PHASE II OF THE DEER RUN SUBDIVISION , MAY BE EXEMPTED
FROM THE REQUIREMENT FOR THE INSTALLATION OF SPRINKLERS THEREIN .
At this point , Board Member Edward King announced that he would
not participate in the above - noted matter as he represents a
contractor who would be in a similar situation .
Mr . Edwin Hallberg , developer , stated that he has buildings that
are going to be closed in by March 8 , 1989 , and he needs to know if
sprinklers are going to be a requirement .
Attorney Barney stated for the benefit of those present that the
Town Board went through some discussions as to whether to amend the
ordinance to remove the requirement for sprinklers for , initially ,
single - family and two - family homes . Attorney Barney noted that that
came up at a meeting , and one of the Town Board members suggested it
should only apply to detached one and two - family homes . Attorney
Barney commented that Mr . Hallberg has attached single - family homes .
MOTION by Vice - Chairman Edward Austen , seconded by Eva Hoffmann :
RESOLVED , that this Board adjourn the matter of the Deer Run
Investors Appeal due to lack of a quorum , and that said matter will be
heard on Monday , February 27 , 1989 .
® There being no further discussi
vote . on , the Vice - Chair called for a
Zoning Board of Appeals - 11 - February 8 , 1989
• Aye - Austen , King , Hoffmann .
Nay - None .
The MOTION was declared to be carried unanimously .
ADJOURNMENT
Upon Motion , Vice - Chairman Austen declared the February 8 , 1989 ,
meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned
at 9 : 30 p . m .
Respectfully submitted ,
Mary S . Bryant , Recording Secretary ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
Exhibits 1 through 11 attached .
APPROVED :
rd Austen , ice - Chairman .
ACCEPTED : /
1
Henr-'y Aron , Chairman .
TOWN OF ITHACA FEE : $ 40 . 00
126 East Seneca Street RECEIVED .
Ithaca, New York 14850 CASH
( 607 ) 273 - 1747 CHECK
ZONING :
A P P E A L For Office Use Only
to the
Building Inspector/ Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca , New York
i
Having been denied permission ka tor ' a Special Permit to allow the total occupancy to be
expanded to four ( 4 ) unrelated persons from three ( 3 ) unrelated persons as allowed
i
under Article III Section 2 ( 2a ) ( 3 )
at 235 Coddinaton Road Town of Ithaca
Tax Parcel No . 54-7-44 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 .
Articles ) III Section ( s ) 2 ( 2a ) ( 3 ) ,
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 Zoning Ordinance would impose PRACTICAL
DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows .
(Additional sheets may be attached as necessary . )
i
See attached statement
j
® FXHTRTT 1
Signature of Owner/Appellant : !'deo Date :
Signature of Appellant / Agent : •Date * December J 1988
Eric Friedland , Agent
ATTACHED STATEMENT
The applicant herein is currently under contract to purchase
the property known as 235 Coddington Road , the subject of this
appeal . It is the applicant ' s intention to do certain remodeling
to the premises in order to bring said premises in full compliance
with building codes in the Town of Ithaca .
The subject property is a two family dwelling with one of the
apartments being a single bedroom unit and the other apartment
being a three bedroom unit . Under current zoning law only three
unrelated persons may reside in the entire dwelling . With only
three unrelated persons being allowed to occupy the entire
dwelling , the income generated by three persons is insufficient to
sustain the costs associated with operating the building . In
effect , the applicant would be losing money by purchasing the
building and renting to only three unrelated persons .
This negative cash flow situation would be reversed if a
forth person were allowed to reside in the dwelling . Since there
exists a total of four separate bedrooms , allowing one additional
person to occupy the premises , would cause no undue strain to the
living capacity of the dwelling . Thus the unnecessary hardship
experienced by my client in this application , is that to purchase
the building and to follow the strict observance of this zoning
• ordinance , would cause a negative cash flow for said premises ,
whereas a granting of this special permit allowed by Article III ,
subparagraph 2 ( 2b ) would reverse the economic situation and
create a positive cash flow . This could be done very easily since
the dwelling unit already has four separate bedrooms .
In support of the application , the applicant further states
that a special permit for the exact same use has been allowed by
this board on another separate occasion . It should also be
pointed out that parking would not be a problem , considering that
the property has parking for up to five automobiles . This is off -
street parking and is directly adjacent to the dwelling unit . The
dwelling unit will likely be rented to Ithaca College students .
The general area surrounding the dwelling at 235 Coddington Road
is also surrounded predominately by rental units that are rented
by Ithaca College students so there would be no change in the
make - up of the area as a result of the granting of this permit .
EXHIBIT 2
1
Chairman Francese declared the Public
Hearing
0inptme matter of the
peal of Donald and Helen Gregg duly closedat 8 :
1977 ) OF ROBERT F .
ADJOURNED APPEAL ( FROM MAY 23 , JUNE 14 , AND JUNE 30 , _
AND OLYMPIA McFALL , APPELLANTS , FROM THE RDECUNRELAOTEDTHE
BOARDERDSINROOMERSC
TOR DENYING BUILDING USE BY MORE THAN TH
LODGERS , OR OTHER OCCUPANTS IN A TWO- FAMILY DWELLING
IS DENIEDUNDER
ROAD , PARCEL NO . 6 - 54 - 7 - 44 , ITHACA , N . Y .
ARTICLE III , SECTION 41 p . 2a ) AND SPECIAL PERMIT IS REQUESTED UNDER
ARTIC
LE III , SECTION 4 , p . Zc , OF THE TOWN OF ITIs
HACA ZONING ORDINANCE . f
Chairman Francese declared the Public
theeNoticelasthe
publishedninedthe
Appeal duly opened at 8 : 05 p . m . and rrd
Ithaca Journal on September 14 , 1Pub ' icationpresented
saidfor
Notice and the
the f
Clerk ' s Affidavit of Posting and Publication ; 3
Secretary ' s Affidavit of Service by Mail of said Notice upon the various
neighbors of subject property and upon Mr . and Mrs . McFall as parties to
the action .
ese
Mr . and Mrs . McFall app
eared before the Bo
Mr . McFall astated cthat
asked if they had been able to sell their hirs . McFall requested that
they have been unable to sell the property • person to reside in the
4
the Board grant a variance to allow one extra
rsonsShe stated that they had ; {
house , i . e . , a total of four unrelated p
erson in the second f
a lease for
five persons and wnstairsnand eone p to me . She state
signed ersons do
that there would be three p out of the house using A
loor apartment . Mr . McFall described totthelBoard .
41 1he drawings as pr
previously
hat the McFalls have stated that they have a lease i
Mr . King noted t Mrs . McFall stated that it does
. and asked if it prohibited sub - leasing . ,
not
and added that the lease runs from September to September and the j
tenant sometimes sub - lets in the summers
if the lease says anything about rentinghe lease .
arts of
I
Mr . Francese asked sons than who have sig
what they have rented to any more per
han
our
ts
Fall stated that in May the lease said read nottmorefthanothreenand
Mr . Mc s since been amended
and that the lease ha
it has been sithree .gned by for sale . Mrs .
Mr . King asked if the McFalls still have the property
stated that they do and they will continue to do so . She added
McFall i
that they had a gentleman interested
he found out about the
he lost ,
problems with the occupancy I
Mr . Francese noted again that the terAugust t3l toabe exactor
one
of are i
year . Mr . McFall agreed - September
mmend the
Mr . King pointed out that the Planning Board did not reco
rezoning of this whole area to multi - fam Y
Mr . 1 .
Francese noted that the quest ion before the Board is not a
variance situation - it is a spec permit
® Mr . Bonnell raised the question of parking . Mrs . McFall stated that
four people are parking
there for a total of four cars and that they have
space for the four in front of the
house rontand
off
tto r adsou r sKing
wondered if the parking were in
theMrs . McFall said it was to the south side .
EXHIBIT 3
parking for
- • . • r adequate off - street p i
Mr no
that there is I
Francese
four automobiles@ the
informed the Board that there that automobelefis not
. Mrs . McFall near the property , but that
tenants is workingOn
near
on the McFall ' s p p that the Board could limit
Mrs . Reuning asked if there were any way
the parking to four automobiles * now and
e stated that the McFalssth have
thestat
entire abuilding may be
Mr . Frances lease
b no more than four unrelated personso
in the future will write into an
occupied Y
FINDINGS - OF FACT : ing for two years and
1 • That Mrs and Mrs .
McFall have been f ordthr
isdwelling as a family
are continuing to endeavor to find a buy
residence . ancy from nine when it
That McFall have reduced the occupancy
2 ' / Mr .
and
home to five and further reduced to four .
was a two - family parking for four automobiles .
30 That there is adequate off - street P enow are and in
and Mrs .
McFall Sesethatstatthetentirebuilding
4 , That Mr . may be
more than related personso
the future will wlrite into any four unea
occupied by no
sition to this request for specia ]
• 5 , That no one has appeared in oPpo
permits seconded by Mr . Edward Austen :
MOTION by Mr . Peter Francese ,
Board of Appeals of the Town of Ithaca
that the Zoning August 31 , 1978 , to Mr . and Mrs .
RESOLVED , ire Aug roomers ,
grant a Special Permit to exp our 4 unrelated boarders )
dwelling
F • McFall to allow for occupants total thef two - f X144 said Special Permit being
lodgers , or other occ P g - 54 - 7
Town of Ithaca Tax Parcel No * persons
T at the lease for the first two P ntalns
Road , three
subject to the cainstloccupancy by more than subject to the further
more than one person , and subj
a prohibition ag remises no more
and the upstairs by have on or near the P
conditionthat
each occupant may vote .
than one the Chair called for a
There being no further discussion ,
- Hewett , Reuning , King , Austen .
Aye Francese ,
Nay - None .
MOTION was declared to be carried unanimously *
Appeal duly
The in the McFall P
The Chair declared the Public Hearing
closed at 8 : 33 P . m .
EXHIBIT 3
Zoning Board of Appeals 3 September 7 , 1978
i
their feelings known to the Town Board . Chairman Francese urged
Mr . and Mrs . Mann to write to the Town Board and point out the
problems of retired persons with space in their homes .
After a brief discussion , the consensus of the Board was
that the following Finding of Fact should be entered in the
matter of the Mann Appeal :
i
FINDING OF FACT :
1 . This Board finds that there is no difference in this
Appeal for a third dwelling unit in a building from the other
appeals that this Board has heard in the past year and that there
are no special circumstances which would speak in favor of such a
conversion .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , that in view of the Finding of Fact hereinabove
stated , the Appeal of Carl and Lillian Mann to vary the
requirements of the Zoning Ordinance of the Town of Ithaca to
allow for the issuance of a Iuilding permit to convert existing
space to a third dwelling unit at 103 Happy Lane , be and hereby
is denied by the Zoning Board of Appeals of the Town of Ithaca .
There being no further (Discussion , the Chair called for a
vote .
Aye - Francese , Hewett , King , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman ' Francese declared the Public Hearing in the matter
f the Mann Appeal duly closed at 8 : 19 p . m .
;OAPPEAL * OF ROBERT F . AND OLYMPIA McFALL , APPELLANTS, FROM THE
DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE
THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER
OCCUPANTS IN A TWO- FAMILY DWELLING AT 235 CODDINGTON ROAD , TAX
PARCEL NO . 6 - 54 - 7 - 441 ITHACA , N . Y . PERMISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE III , SECTION 41 PAR . 2a , AND
EXTENSION OF SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III ,
SECTION 41 PAR . 2c , OF THE ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the
above - noted matter duly open at. 8 : 20 p . m . Chairman Francese read
the Notice of Public Hearing as stated above and presented for
the record the Clerk ' s Affidavit of Posting and Publication of
said Notice in Town Hall and the Ithaca Journal on August 31 ,
1978 and September 2 , 1978 , respectively , together with the
® Secretary ' s Affidavit of Service by Mail of said Notice upon the
various neighbors of subject premises and upon Robert and Olympia
McFall as parties to the action . The Appeal Form dated September
EXHIBIT 4
Zoning Board of Appeals 4
September 7 , 1978 .
2 , 1978 , signed and completed by Robert and Olympia McFall , was
presented and reads as follows :
" . . . Having been denied permission to use the building at 235
Coddington Road for more than three unrelated boarders , roomers ,
lodgers , or other occupants and to extend a Special Permit
granted September 19 , 1977 , at 235 Coddington Road . ( Two - family
dwelling ) , Ithaca , New York . . . in violation of Section 4 , par . 2a
of Article III . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY
HARDSHIP as follows : Extension of Special Permit granted
September 19 , 1977 , allowing a total of 4 unrelated boarders ,
roomers , lodgers , or other occupants is hereby requested . Said
Special Permit expires August 31 , 1978 . "
Mr . and Mrs . McFall had also sent a letter under date of
August 29 , 1978 , to the Chairman of the Zoning Board of Appeals
as follows :
" In August of 1977 [ Secretary ' s Note : The correct date is
September 19th , 19771 we were granted a variance to the zoning
code regarding our property at 235 Coddington Road . The variance
gave us permission to rent to 3 unrelated persons in the first
floor apartment and l person in the 2nd floor apartment , with the
understanding that we must apply , .for renewal of this variance on
a year - to-year basis .
We are at this time asking that this variance be reneged for
another year . The first floor apartment is still rented to 3
unrelated persons , and the 2nd floor apartment is still rented to
1 person . " .
The Secretary reported that because of a death in the
immediate family , the McFalls were unable to appear before the
Board this evening . The Secretary reported that she had spoken
by telephone with Mrs . McFall who asked that the Secretary report
on her behalf that the McFalls have been and still are diligently
. trying to sell the house at 235 Coddington Road but no one seems
to be interested . Mrs . McFall asked that it be stated that
absolutely nothing has changed since the granting of the special
approval one year ago ; that they will continue to try to sell the
house ; . that the leases delineate the occupancy requirements ; and
that an extension of the special approval is requested as stated
in their letter .
Chairman Francese asked if there were any objections from
the Board members and noted also that no one appeared in
opposition to this request .
Mr . Bonnell stated that the McFalls have complied with the
requirements of the granting of the special approval and that he
has found no problems with the property .
r
EXHIBIT 4
Zoning Board of Appeals 5 September 7 , 1978
The Board members present indicated that they had no
objections to the extension of the special approval , particularly
in light of Mr . Bonnell ' s statement .
FINDINGS OF FACT :
1 . That it is in evidence that Mr . and Mrs . Robert McFall ,
owners of the premises located at 235 Coddington Road , Town
of Ithaca Tax Parcel No . 6 - 54 - 7 - 44 , have complied with the
provisions of the Special Permit granted by the Zoning Board
of Appeals of the Town of . Ithaca on September 19 , 1977 , said
Special Permit expiring on August 311 1978 .
2 . That the Appeal before the Board asks only for an extension
of this existing condition .
MOTION by Mr . Peter Fraric• cse , seconded by Mr . Jack Hewett :
RESOLVED , that the Zon :i . rig Board of Appeals of the Town of
Ithaca grant and hereby doer.; grant a Special Permit to expire
August 31 , 1979 , to Mr . and rit. s . Robert F . McFall to allow for a
total of four ( 4 ) unrelated hoarders , roomers , lodgers , or other
occupants in the two - family c: w (� selling at 235 Coddingtori Road , Town
of Ithaca Tax Parcel No . 6 - 54 - 7 - 44 , said Special Permit. being
subject to the condition that the lease for the first two floors
• contains a prohibition agai. ri : ; t occupancy by more than throe ( 3 )
unrelated persons and the up ! ; tairs by more than one person , and
subject to the further cond). t:. ion that each occupant may have on
or near the premises no more than one automobile , said Special
Permit hereby granted being an extension of the Special Permit
granted by this Board on September 19 , 1977 , and further , that
this Resolution include and hereby does include the Findings of
Fact hereinabove set forth .
There being . no further discussion , the . Chair called for a
vote .
Aye - Francese , Hewett , King , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing in the matter
of the McFall Appeal duly closed at 8 : 29 p . m .
APPEAL OF A14Y SUZANNE SOYRING , APPELLANT , FROM THE DECISION OF
THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR LOT
SIZE AND NUMBER OF DWELLING UNITS AT 847 TAUGHANNOCK BLVD . , TAX
PARCEL NO . 6 - 25 - 2 - 32 , ITHACA , N . Y . PERiv'IISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE XIII , SECTION 67 ; ARTICLE IV ,
® SECTIONS 11 AND 16 ; AND ARTICLE VI .
Chairman Francese declared the Public Hearing in the
above - noted matter duly open at 8 : 30 p . m . Chairman Francese read
EXHIBIT 4
115 Northview Road
• Ithaca , New York 14850
February 8 , 1989
•r•
To the Town of Ithaca Zoning Board of Appeals :
I ask that the appeal to grant a special permit under Article III , Sec -
tion 1G1 Paragraph 2B , of the Town of Ithaca Zoning Ordinance for the occupancy for
an existing two -family dwelling located at 235 Codd.ington Road by a total of four
unrelated persons be denied .
The fact that four unrelated persons instead of the ( legal ) three have oc -
cupied the house prior to this appeal has surely contributed to the neighborhood
problems represented. by that house . Parking along -Codding ton Road in that area ,
marry times by cars with their wheels into the road , is congested and hazardous
expecially with the number of joggers there at all times of year . Secondly , the
• wire bin of trash cans at 235 Coddington is unacceptable ; even when empty , the bin
is an eyesore . when full of of ten-uncovered , spilling - over cans it is very un-
sightly . It took a letter to the Town after telephone calls late last spring to
have couches dumped next to the bin removed . My telephone call to the Town Zoning
Officer/Building Inspector about this time last year about the trash bins along with
several other problems along the road resulted in his comment that " everything would
be taken care of kr Play alid
Assurance to Town residents that zoning rules are firm is of very high priority .
What confidence do we have in that assurances
I further request a list of houses along Codding ton Road between the city line
and the entrance to Ithaca College which now have such special permits .
® Barbara Cotts
Northview Road Civic Association
Exhibit 5
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TOWN OF ITHACA FEE : W . 00
126 East Seneca Street RECEIVED :
Ithaca, New York 14850 CASH
( 607 ) 273 - 1747 CHECK
Z ON 1 NG :
A P P E A L For Office Use Only
to the
Bul Wing Inspector / Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca , New York
Having been denied permission to Richard Berggren and Betty Jane Berggren ( owners ) and
Michael J . Barrett and Rhoda Barrett ( Contract Vendees ) for issuance of a building permit
for the construction of a one story residential dwelling .
at _ Hillcrest Drive Tows of Ithaca
Tax Parcel No . 26- 4 - 17 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 : Town Law Section 280 - a
0
OP
the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the
Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL
DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows .
(Additional sheets may be attached as necessary . )
If application is denied upon Appeal Contract Vendees ( Barrett ) will likely be unable to
financially entertain construction of the residence contemplated in the Town of Ithaca and
will be denied the benefits provided by this building situs (water , gas & electric , proximity
of employment. to . proposed home , . availability of public transportation ) .
Area is already established as residential with multiple homes already on this private street
with arrpsq to puhlir tho mitghfare ( Trumansbure Road )
I
EXHIBIT 7
Signature of Owner/Appellant , � ' Date : fes/ �o f
Signature of Appellant /Agent : Date : //0�� �
PLOT PLAN
.AFORMAT l ON TO BE SHOWN :
Dimensions of lot . 4 . Dimensions and location of proposed structure ( s ) or
} 2 . Distance of structures from : or additlon ( s ) .
a . Road , 59 Names of neighbors aho bound lot ,
b . Both side lot lines , 6 . Setback of neighbors .
c . Rear of lot . 7 . Street name and nuTber .
3 . North arrow . 8 . Show existing structures in contrasting lines .
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® EXHIBIT 7
i
Signature of Owner/Appellant : ate :
Signature of Appellant /Agent : �, Date :
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EXHIBIT -.8*
CITItEuS SAVIL45> Fyo,JK , F. S. g "Xc I" laKCFSSI All ASS14ug
CERT IF I CAT ION IXou V0E A15STFAI ,,,, 'I C0eA:>RAT10Q .
1 Hereby certify to . :" attl �LEZ , AAfr0Px1EY$
that I am a licensed land surveyor , New York State License �,11„11M /I1,,/y
No .049Z.49 , and that this map correctly delineates an actual OF Nf}y �.,,
survey on the ground made by me or under my direct supervision ; ;� 5� _• "�. u( '
that it was prepared in accordance with the current code of d
practice for land title surveys adopted by the New York State IF 01
association of professional land Surveyors ; and that 1 found no
`. visible encroachments either way across proerty lines except o� f
shown hereon .
Y �. : ��
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SU1ZVEY MAP
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DAT-ED: SEP _EMBEQ 1211 I qM SCALE : 111 = 60 '
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EXHIBIT 9
CITIU'lls Se•VIL 4S PWAIJK , F. S . 13 . 1 '" 'Xc rn �UcLEgSQRS �e ASSWuS ,� �`
CERTI `r ICATION Mpa,JVDE ASS1T.A41' a,,Eo TITLE CoP_Pc>ZATEa+.J .
THAI-E� `fS
: ., Ilereloy certify to . "" � TNAt.ER , ATf�QJJE
that I am a licensed land surveyor , New York State License ���•�� Of NfyyY,'
Nu .0y9w4 1 and drat this map correctly delineates an actual %* 46
,
survey on the ground made by me or under my direct supervision ; .-� 'g . fU ¢
th t it was prepared in accordance with the current code of :
_ :.0 o
p * ice for land title surveys adopted by the New York State
As _ ; iation of Professional Land Surveyors ; and that I found no
visible encroachments either way across property lines except
as shown hereon . y ; `�l • jfi� `
J
DATED : 1 ,2 I q 8SIGNED : AND 5���``.�•��,
&out/ n //No,
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SUIDIVISID" 2 . ■ . t . SIAIE
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T. q . MILLEQ ASSOCIATES PG , E ► 4gl ►JEE7'ZS A .ID SUIZVEYOEg ITF-� . Y•
EXHIBIT 9
JAMES E . GARDNER , JR .
408 NORTH TIOGA STREET
• P . O. BOX 6403
ITHACA . NEW YORK 14851
607- 277-3232
February 6 , 1989
Zoning Board of Appeals
Town of Ithaca
126 East Seneca Street
Ithaca , New York 14850
Re : Appeal of Richard and Betty Berggren et al .
Hillcrest Drive
Ladies and Gentlemen :
Nelle Fisher , who owns property located at 11 Hillcrest Drive ,
has asked that I convey to the Zoning Board of Appeals her objec -
tions to a variance requested by the above appellants to con -
struct a residental dwelling on Tax Parcel No . 6 - 26 - 4 - 17 .
Mrs . Fisher feels that the construction of a dwelling on the ex -
isting 80 - foot lot would depreciate the value of neighboring '
houses and that Hillcrest Drive , being a privately maintained
road , is not suited to the additional use imposed by another
building .
Sincerely yours ,
J mes E . Gardner , Jr .
Agent
cc . Nelle Fisher
EXHIBIT 10
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EXHIBIT 11
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THE . ITHACA JOURNAL
,
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS !
WED. , FEB. i the Chai mar
B direcfiori of the Chairman'
o the Zoning Board of A
peals . NOTICE . IS HEREBY
_ ak �vZ �_ln • i GIVEN that Public �Hearingsi
Lww C� ,:i � ! �c-pC J• d •-.�pSrS will be held by the Zoning .
t Board of Appeals of the Town
of Ithaca on Wednesday, Feb=-
Is Not tbt hit n-'S1rG� L^ j � �a � fi ! ± � ? run 8,- 1989, in Town Hall,
126 East Seneca Street,. (FIRST '
fait u M eC • Floor; REAR Entrance, WEST
kSide ), Ithaca, NY COMMENC
_-. .. — • - - • - -_- - _ - ING AT 7:00 P. M. , -on the 'f61T
lowing matters.
Off= ITSACA OL'T.� AL a P"Jb�� C >)xM MichaelPo vi ';
a � d � P t>L>Oa P � 1 1 Owner/Appellant,
Eric Fried-
land, Purchaser/Agent, .
l e Special Permit, un- '
qu sting a pec of P
�+ . •�+ der Article Ill.t Section 4f
t ..II the annexed 11 i true:. -.
-
-
Paragraph 2b, o the Town o
Ithaca Zoning Ordinance, for' !
P.at
•'m= the occupancy of on existing
two-family F•• -- _ _ _. -_ __ ••- - • _� _.._ o-family dwelling located
at 235 Cod dington Road; Town
C ( r of Ithdco Tax Parcel No. -6-54-
. . ..
6-54_ . _. .. .. .. . . _ 7-44, Residence District R-9, by;
a . total of four unrelatedrper4
sons. Said premises have pre- ,
" '- "— '- "- - - -- - • • _ . . .. . . .. . . . . . . viously been granted special..
permits for occupancy by four;
unrelated persons.
' ✓LLv f-L+L ', >r ,± SL t _ �; . � ,� pr S _ _ D : : ti � ;Q C : } tC - APPEAL of Richard and Betty:
Jane Berggren, Owners/Ap- 1
pellants, Michael J._and . Rho--'
tT O� - - C �� Y` �_� 1� . /, 1. da Burrett, Contract Vendee- 1
s/Agents, requesting variance
of the requirements of Section
_ _ 280-0
of New York State Town
01 . . .. . . .^' .�. 1�. v � n p
v _ - - - - - - - -- - - -. . . . . . . - . ... . . .. . ... . . . . .
Law an o Article IV, Section ;
/ of the Town of Ithaca Zon-
ing Ordinance for the con-
. CIEV
- . . .. -
struction of a residential ;
dwelling on a parcel of land '
r _ not fronting on a Town, Coun- I
—
. . . . . . T ty, or State highway, such par-
- - - • - . . .. .. . . _ .
cel being Town of Ithaca Taxi
- Parcel No. 6-26-4- 17, located '
on Hillcrest Drive, a private )
' - -' -- -'. ...... . . . f road, in a Residence District R-
15.
APPEAL of Deer Run Imestorsi
L. P. , Appellants, ' Edwin A.
Hallberg, Agent, requesting 'a
variance, under Section 9 of
Town of Ithaca Local Low No..
JEAN FORD 7- 1988, as amended, "Requir-
Nota • ing Sprinkler Systems To Be In-'
ry pUb � IC, State of New YO& stalled In ' Buildings In The'
Town of Ithaca" such that
NO, 46J41410 Buildings No. 31 through 36
and Buildings No. 38 and 39, a
Qu3il iedin T total of 33 dwelling units to
cA" Pkins Counly cated in Phase 11 of the Deer
CammisSicr, ex - " .. 5 rlRun Subdivision , may , be
r May 31, 19, exempted from the require
ment for the installation ofl
- sprinklers therein.
Said Zoning Board of Appeal
will at said time, 7 :00P. m.P
and said place, hear al I per
_ sons in support of such matters!
- - .. . or objections thereto. Persons
may appear by agent or inY
person.
Andrew S. Frost
Building Inspector/
Zoning Enforcement Officer
Town of Ithaca
273- 1747 i
February 3, 1989
,