Loading...
HomeMy WebLinkAboutZBA Minutes 1989-08-09 FILED TOWN OF ITHACA Date LAJ U 89 • Town of Ithaca Clerk 1 Zoning Board of Appeals August 9 , 1989 TOWN OF ITHACA ZONING BOARD OF APPEALS August 9 , 1989 A Regular Meeting of the Town of Ithaca Zoning Board of Appeals was held on August 9 , 1989 at 7 : 00 p . m . in Town Hall , 126 East Seneca Street , Ithaca , New York , PRESENT : Chairman Henry Aron . Edward Austen , Edward King , Eva Hoffmann , Town Attorney John Barney , Zoning Enforcement Officer/ Building Inspector Andrew Frost , ALSO PRESENT : Mary Blumen , Isadore Blumen , Helene Porte , Joel Porte , Gary Wood , David Axenfeld , Ed Olmstead , Mike LoPinto , Jr . Chairman Aron called the meeting to order at 7 : 05 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . The first Appeal on the Agenda was the following . ADJOURNED APPEAL ( FROM JUNE 14 , 1989 ) OF ISADORE BLUMEN , APPELLANT , REQUESTING AUTHORIZATION FROM THE BOARD OF APPEALS FOR THE EXTENSION OF A NON- CONFORMING STRUCTURE ON A LEGAL NON-CONFORMING LOT , LOCATED AT 122 WARREN ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 -2 - 3 RESIDENCE DISTRICT R- 15 . THE EXTENSION INVOLVES THE ENLARGEMENT OF AN EXISTING CARPORT CURRENTLY LOCATED APPROXIMATELY 5 + OR — FEET TO THE NORTH SIDEYARD LOT LINE AND IS PROPOSED TO BE DECREASED TO I —FOOT + OR — THROUGH SAID ENLARGEMENT . CURRENT ZONING WOULD REQUIRE A 10 ' SIDEYARD SET—BACK FOR A GARAGE STRUCTURE . AUTHORIZATION IS REQUESTED UNDER ARTICLE XII , SECTION 54 , OF THE ZONING ORDINANCE . Chairman Aron referred to the survey map that had been provided to the Board by Mr . Blumen , stamped by Mr . Richard A . Slade , dated July 21 , 1989 . ( Attached hereto as Exhibit # 1 ) . Chairman Aron stated that he noticed on the Survey Map there is a wall which extends over and above Mr . Blumen ' s lot line . He asked Mr . Blumen to address the Board . Mr . Blumen stated that the wall on the northeast corner is a retaining wall which , at the maximum is 1 foot above the grade , and extends slightly into the Town line , and that , therefore , does affect their proposed structure . The other thing is that Town of Ithaca 2 Zoning Board of Appeals August 9 , 1989 he based his drawing on the center line of the road as it now exists . That center line apparently has been moved since Carl Crandall did his survey and that is reflected on both the easement map drawn by Hunt Engineers and on the map as drawn by Mr . Slade . Mr . Blumen said that the center of the line which reflects his right - of -way is as currently given on the map by Mr . Slade . It is , therefore , approximately 1 foot west of where he thought it was . He said that clearly he cannot build on someone else ' s property , therefore , what he proposes to do is to modify his existing plan by chamfering slightly from the middle of the carport so he will remain inside of the property line . The carport would run back roughly speaking 8 feet from the right - of - way and then it would cut in slightly south so that he is within that line . Mr . Blumen sketched in on the Survey Map , for the Board , what he proposes to . do . He said that the point in chamfering it is to avoid giving the impression of an oddly shaped building . Mr . Blumen said that he is not clear on what the law is here and he asked how far off he can build to the right - of -way . From an aesthetic point of view , it would be nice if the carport were balanced so that it is as far forward as it is back from the center lines . If he has to move back to the right - of -way line , he will do so . If he has to do that , he would like to have about a foot overhang on the west side , backward , away from the road so that they have a little more coverage of the cars . Mr . Blumen said that he will have to ask for advice from the Board on whether he can use any portion of the right - of -way since there are obviously a lot of people who are using it now . Chairman Aron referred to the Minutes of the June 14 , 1989 Board of Appeals meeting in regard to the statement made by Mrs . Hertel concerning the protection of the walkway on Warren Road . Mr . Blumen stated that the drainage was an old culvert that was put in just under the road and then there was an open ditch there . The Town has buried that . It is on the right - of -way away from his property . The Town has extended culverts , he believes , 20 feet from the existing culvert . It is now covered by 10 - 15 feet of dirt . Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Mr . King stated that he thinks the Board should make the observation to Mr . Blumen that this Board considers zoning matters only and if he builds something on somebody else ' s • property , like Cornell ' s or the Town ' s roadway , he does it at his own risk unless he has obtained some formal easement , which he is not likely to obtain , to build in a roadway . i ti Town of Ithaca 3 Zoning Board of Appeals August 9 , 1989 Mr . Blumen responded that it is unlikely that anybody would move anybody off but that is not the issue . Mr . King said that the possibility is always there and if this Board should grant Mr . Blumen the right to extend his carport to the north in proximity to the line of the neighbor ( Town of Ithaca ) and the Town at some point decided that they wanted to make some other use of that land they could chop off his carport . Mr . Blumen said that he understands that and that is why he is willing to accept the idea of chamfering so that possibility does not arise . Mr . King asked Mr . Blumen if he understands that this Board is not going to say that he has the legal right to build there . Mr . Blumen replied that he does understand that . Mr . Frost said that he would not necessarily give Mr . Blumen a permit if he showed a plot plan that crossed the property line . Mr . Blumen stated that the plot plan would show that it would possibly be going into the right - of -way . He said he certainly would not go across the property line ; no question about that . • There is no question that he would not build over the walkway . He further stated that the only reason he is suggesting that he is willing to go out one foot is that he thinks it would look a little better . That way the rear end of the carport would line up with the house . After further discussion regarding the plot plan and the right - of -way , Mr . Blumen said that he would only go up to the easement line and would extend the overhang one foot in back , beyond what it now shows . Chairman Aron said if there were no further questions , he would entertain a motion as to whether or not the Board should grant Mr . Blumen approval for a variance for the back set for building a carport as shown on the survey map of July 21 , 1989 . Mr . King made the following motion : RESOLVED , That the Town of Ithaca Zoning Board of Appeals finds the following . 1 ) . that Mr . Blumen ' s residential parcel is in a unique situation topographically as there is very little room to the front of the house because of the steep drop off of the property toward the west from the roadway . • 2 ) . that the Board further finds that the property to the north of his carport where he would like to extend adjacent to the property line is owned by the Town of Ithaca and presently utilized for a recreational Town of Ithaca 4 Zoning Board of Appeals August 9 , 1989 bikeway or pathway . 3 ) . it does not appear that the shifting of the carport wall to the north would pose any serious problem for the Town . 4 ) 9 that the property directly opposite the Blumen property ( on the east side of Warren Road ) is rather a wilderness area ; the one house over there being almost invisible from the road and therefore the carport will have no significant visual impact on that house . 5 ) . that the Board has heard evidence about the drainage situation and it appears that the proposal would not in any way adversely affect service to the storm drainage and water . 6 ) . that the carport might actually assist in removing at least one vehicle from Warren Road which is a narrow and steep road at this point . 7 ) . the proposal would not have a detrimental effect on traffic . 8 ) 9 the proposed access and egress to the structure are designed safely . Therefore , be it • RESOLVED , that this Board grant and hereby does grant an extension of a non - conforming use to permit the extension northerly of the carport along the lines as modified before the Board of Appeals on this date by the applicant , that extension to be as indicated on the applicant ' s original drawings which were 6 feet plus or minus northerly ( it appears from the survey that it might be 8 feet ) from the west end of the present carport . Mr . Blumen will be chamfering the northwesterly line to parallel the property line rather than crossing it . This authorization as far as this Board is concerned is to construct the addition within the property line to the west side of the highway right - of - way line . Mr . Austen seconded the motion . The vote on the motion was as follows . Ayes - King , Austen , Hoffmann , Aron . Nays - None . The motion was carried unanimously . Town of Ithaca 5 Zoning Board of Appeals August 9 , 1989 The next item on the agenda was the following . APPEAL OF JOEL AND HELENE PORTE , APPELLANTS , REQUESTING A VARIANCE FROM ARTICLE IV , SECTION 11 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT THE CONVERSION OF THE SECOND FLOOR OF AN EXISTING BARN/STORAGE BUILDING TO A DWELLING UNIT , LOCATED AT 1405 HANSHAW ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 -70 - 12 -8 , RESIDENCE DISTRICT R- 15 . SAID PROPERTY CONTAINS AN EXISTING SINGLE FAMILY RESIDENCE WHEREAS THE TOWN OF ITHACA ZONING ORDINANCE PERMITS ONLY ONE RESIDENTIAL BUILDING ON A SINGLE PARCEL OF LAND . Mr . Porte addressed the Board and stated that the projected renovation of their barn is intended for personal and family use only . They are not interested in rental property . He said that , to date , 4 of the 6 neighbors to whom they wrote describing their petition have replied and they are all supportive of their project . He said the planned renovation will in no way have a negative impact on their neighborhood , indeed it will be essentially invisible to neighbors and passers - by . He wished to the draw the Board ' s attention to the fact that their lot contains approximately 1 and 2 / 3 acres which is almost 5 times the 15 , 000 square foot requirement for a building lot . They believe that the improvement of their barn will protect and enhance the property of some historic interest . Mr . Porte stated that Whiffletree farm , as it is called , has stood on Hanshaw Road since the 1850 ' s and . originally encompassed a square mile of land . Like so many of their fellow Ithacans , they want to improve and make use of a kind of building that is unique in our history and to our land . The ingenuity and craft that went into the planning and construction of so many barns in America represent a fine architectural resource and heritage . This is what they wish to protect and enhance for their own use . Chairman Aron read letters into the record from the following persons . Natalie Concannon , dated August 5 , 1989 , and Raymond A . DiPasquale , dated June 21 , 1989 . The letters are attached hereto as Exhibits # 2 and # 3 . He then read a letter from the Portes to Mr . and Mrs . Thomas Murphy , dated July 17 , 1989 and the Murphys ' response ( attached hereto as Exhibit # 4 ) . Chairman Aron also read letters from Thomas P . LiVigne , dated July 25 , 1989 , and from Scharlie and Ray Handlan , dated July 28 , 1989 , attached as Exhibits # 5 and # 6 . • Chairman Aron stated to Mr . Porte that , as he has probably been made aware of by Mr . Frost , we cannot have two residential buildings on one plat . He referred to the survey map that was • Town of Ithaca 6 Zoning Board of Appeals August 9 , 1989 done by Mr . Lawrence P . Fabbroni and which is attached hereto as Exhibit # 7 . He said that it shows that the house and the barn are in very close proximity . He asked Mr . Porte if he had asked the Planning Board for a subdivision of that plat . Mr . Porte responded that they went to the Planning Department and spoke with Susan Beeners and George Frantz . They discussed the possibility of drawing a line through the two halves of the property . The problem was going around the pool , they couldn ' t put the line through the middle of the pool and , in talking with them about this , he decided that he thought it would make more sense just to appeal to the Board of Appeals directly for a variance rather than try to get involved in the complicated business of dividing . They were informed that if they got permission to divide the lot and drew a proper line through it , they would need a variance because the house then would be too close to the right - of -way . Therefore , it seemed to him that the simplest thing to do was to come to the Board and ask for a variance to do the work without getting involved in legal friction of subdividing .the property . • Chairman Aron explained the subdivision procedure to Mr . Porte and discussion followed on the floor on that procedure . Mr . King stated that he thinks the Board can consider the matter since Mr . Porte does not want to subdivide . He wants to preserve this . He uses the phrase historic preservation . He wants to preserve this part of the farm intact . Mr . King said that he thinks the Board has to look at whether fir . Porte. would have enough land to have two houses if he were going to subdivide . That is only helpful to the Board in deciding whether what he is asking for is really an over - intensive use of the land or not and he thinks it is quite clear that with all the square footage that he has there his proposal is not going to increase the density significantly at all . , Discussion followed regarding Section 68 of the Zoning Ordinance . Chairman Aron read from the Section in answer to a question from Mrs . Hoffmann about Article 4 , Section 11 . Town Attorney Barney stated that all the amendments have been consolidated into a word processor and as soon as it has been proof read , there will be new books ready for the Boards of the Town . Chairman Aron opened the public hearing . Mike LoPinto Jr . , addressed the Board and stated that he is interested in doing something similar to what the appellant is . The fact is that the Town of Ithaca requires a minimum lot size of 100 ' x 150 ' which is 15 , 000 square feet . His question to the • Town of Ithaca 7 Zoning Board of Appeals August 9 , 1989 Board was , it seems the way the zoning is written is to make it so that in a minimum lot size of 100 x 150 feet the Town will allow a 2 - family dwelling . He is curious as to why if you have a building lot that is twice or three times 15 , 000 square feet why isn ' t there some kind of allowance to have another dwelling unit on your property . Mr . LoPinto said it seems that the zoning is written to make it so that the density- of the neighborhood isn ' t increased . It seems like the Town is trying to control density but they won ' t allow you to have another dwelling unit on your property unless it is attached . Mr . King replied that density is only one factor . There are many factors involved such as streets , traffic , etc . , in the neighborhood , so it is not just a matter of having a one lode stone answer . Mr . LoPinto said that it seems that if the Town will allow a two - family unit in just 15 , 000 square feet , it would seem like that would be the quota that they are working on as far as the impact to the rest of the area . • Town Attorney Barney stated that there are a number of other requirements too , such as side yard , front yard , etc . The mechanism by which the zoning ordinance works is through restrictions . Mr . LoPinto thanked the Board for the information . Chairman Aron closed the public hearing . In response to a question from Ms . Hoffmann , Town Attorney Barney again read Section 68 of the Zoning Ordinance regarding multiple residence districts . Town Attorney Barney stated that on the survey map there appears to be a structure at the northwest corner of the pool . He asked Mr . Porte what that structure was and how far back from the road you go before you hit a portion of that structure . Mr . Porte replied that the structure is a cabana and it is about half way back . Town Attorney Barney said the reason he asked is because under the new regulations if you can ' t fit a rectangle 150 ' by 100 ' feet in , you are going to have increased side yard and rear yard requirements . He said that it looks like a rectangle would fit in this lot . Chairman Aron stated that in looking at the survey map , it • appears that there would be practical difficulties here for the division of that parcel into two pieces . • Town of Ithaca 8 Zoning Board of Appeals August 9 , 1989 Mr . Austen asked Mr . Porte what the barn is used for now . Mr . Porte stated that the bottom part is used for a garage , the top floor is empty . If they are granted their request , the top would become a studio apartment . Town Attorney Barney asked Mr . Porte if what he is proposing is strictly family related . Mr . Porte replied yes . Town Attorney Barney asked what assurance is there that the use would be limited to family use . Mr . Porte asked if the Board wouldn ' t have the power to write it into the variance saying that it would not be for rental use . Town Attorney Barney said the Board could do that . Mr . King stated that the Board has in the past allowed a permit to be conditioned on family use . He said that if there were a condition and a restriction on the house remaining a single family , not a family plus one apartment , he thinks that is the type of condition that might be attached to this kind of use . Town Attorney Barney asked Mr . Porte if he would have a problem with that condition . Mr . Porte responded , none • whatsoever . Mr . Austen asked if this building is going to have all separate utilities not connected to the house . Mr . Porte said they did discuss that with their contractor . The sewer will be connected to the existing sewer line . Mr . King asked Mr . Austen if there was an advantage to Mr . Porte having separate utilities . Mr . Austen replied that if all the utilities were separate , it would be a separate entity entirely . If they were connected to the house , he would see it as part of the house itself , as an apartment to the house . Mr . Frost said that it would perhaps provide better control in terms of rental if there were one gas meter and one electric meter serving more than one building . Mr . Porte again stated that they have no intention of renting to anybody . There was discussion among Board members as to whether or not the variance can be conditioned to assure that there will be no rental of the premises . Mr . King suggested that the Board make it a condition that there be only these two dwelling units , one in the house , one in the barn , on this parcel . That would departing from the rTown of Ithaca 9 Zoning Board of Appeals August 9 , 1989 ordinance in the least extensive way possible because we would still be sticking to a two - family residential use of this . parcel of land . Chairman Aron stated that if there were no further discussion he would entertain a motion whether the Board should or should not grant a variance in this matter . Ms . Hoffmann remarked that to grant a variance , she believes there has to be some indication of practical difficulty . Mr . King said he thinks the Board can find practical difficulty in historic preservation of the unique property . There does not seem to be any other way to do this to preserve and utilize the barn . He also stated that he thinks it would be a hardship that the Portes cannot use that barn for this purpose . Mr . King made the following motion . RESOLVED , this Town of Ithaca Zoning Board of Appeals finds as follows in regard to the application : 16 the proposed use of the second floor of the barn for a studio apartment , for the use of the owners of the entire parcel only , would be beneficial to the preservation of an historic structure , namely the barn , along with the house . 2 * the barn is sited approximately 55 feet east of the west property line , and about 90 feet south of the right - of -way line on the highway , 160 feet west of the easterly property line and about 160 feet north of the southerly or rear property line , therefore , it is not proximate to neighbors ' parcels or to any neighboring structure . 3 * that the proposed use of the barn by members of the family only would be consistent with the residential character of the neighborhood . 4e that it would not impose any additional traffic burdens on the area . 5 * there exists public water and sewage for the use of the property so that said extension to a two - family will pose no health problems . 6e the only persons who submitted documentation on this application were neighbors who favored the proposal . There was no one who appeared in opposition to it . • therefore , it is Town of Ithaca 10 Zoning Board of Appeals August 9 , 1989 RESOLVED , that this Board grant and hereby does grant a variance to permit the use of the second floor of the barn for the studio apartment upon condition that : 1 . Such use of both units to be by the one family occupying both the house itself and the studio apartment and will be by members of the family of the owners of the property only and it is not to be rented out . 2 . These conditions be incorporated into a document of recordable form . They will not be altered without this Board agreeing to the alteration and that document be recorded in the Tompkins County Clerk ' s office , in the Title Records relating to this property . 3 . That the document be prepared by the applicant , subject to the Town Attorney ' s approval , prior to certificate of occupancy being issued . Ms . Hoffmann seconded the motion . The voting on the appeal was as follows . Ayes - King , Aron , Austen , Hoffmann . Nays - None . The motion was carried unanimously . The last Appeal on the Agenda was the following . APPEAL OF DAVID AXENFELD , APPELLANT , REQUESTING A VARIANCE UNDER SECTION 9 OF TOWN OF ITHACA LOCAL LAW # 7 - 19881 AS AMENDED , "REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA" , FOR THE TEMPORARY EXEMPTION OF AN OPERATIONAL SPRINKLER INSTALLATION IN THE PROPOSED CANNON POOL RECREATIONAL AND SPA RETAIL SALES FACILITY TO BE LOCATED AT 618 ELMIRA ROAD , ON A RECENTLY SUBDIVIDED PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 33 - 3 - 2 . 2 , LIGHT INDUSTRIAL DISTRICT . Mr . Gary L . Wood , P . E . , addressed the Board , representing Cannon Pools . He stated that the sprinkler system is included in the design of the building and will be installed . The request is for a temporary special permit acknowledging the practical difficulty of trying to provide on - site water supply that conforms with the NFPA requirements . I Town of Ithaca 11 Zoning Board of Appeals August 9 , 1989 Chairman Aron stated that the Board understands that the Town was going to be going through that area with a water supply in about a year . Mr . Wood said that the status of the project , as far as Mr . Axenfeld is concerned , is that he gave up his previous sales facility on Elmira Road earlier this year . He has been without a facility , thinking that he was going to have this one constructed . As it stands right now , he thought that municipal water was going to be available in a short time and planned to put in a temporary storage tank which could serve domestic needs , bring in bottled water for potable water , and that left only the sprinkler system which is a practical matter , but , to be served , you just can ' t put that kind of storage out of sight . Mr . Wood said that if municipal water does not came through in a short duration , then Mr . Axenfeld is still faced with a building that he can use due to his unique position of being in the pool business and having somebody who is under contract to him to supply water to fill pools . so this individual can supply the tank that would be installed on - site for domestic use . Chairman Aron read a letter from Gary L . Wood to the Board of Zoning Appeals , dated July 17 , 1989 and attached hereto as Exhibit # 8 . Chairman Aron asked. Mr . . Wood if he is saying that Mr . Frost did not issue a building permit . Mr . Wood responded that subsequent to that application , Mr . Frost has , in fact , issued a building permit . Mr . Frost stated that the building permit was issued with the understanding that he will have the working sprinkler system to code or be allowed a variance . If he does not get a variance , Mr . Axenfeld will have to have a storage tank or whatever else ittakes to have NEPA approve his system . If he gets the variance , then the installation of a sprinkler system that could be then connected to public water would suffice . Mr . King asked if Mr . Axenfeld would design the sprinkler system any differently depending on which mode he is going to be using . Mr . Wood responded no . Chairman Aron referred to the Veterinary Hospital and the warehouse that were granted variances . He asked Mr . Frost what the difference is between Mr . Axenfeld ' s . request and the others that were granted . Mr . Frost responded that there is none , except that he ( Mr . Frost ) can ' t give him a variance . Chairman Aron stated that the warehouse was conditioned to have , in the meantime , some fire retardation type of equipment there until it is hooked into the municipal water system but the sprinkler system had to be in place . He asked Mr . Wood if that • Town of Ithaca 12 Zoning Board of Appeals August 9 , 1989 is what he intends to do . Mr . Wood replied that that was an explicit understanding . Town Attorney Barney referred to the 15 psi that is mentioned in Mr . Wood ' s letter and said that does not seem like a very high pressure level . Mr . Wood said that it isn ' t but it is equivalent to about a 35 head . Mr . Wood said that the problem is the quantity . If he remembers correctly , they have to supply something like 15 gallons a minute for 30 minutes to the system up to the head . It becomes a substantial amount of water and it is just not practical to store on site . Town Attorney Barney said if they installed the system and hooked it up to whatever water supply system they have now there would be some protection . Mr . Wood said that is the intention . Mr . Axenfeld is going to install a temporary 1 , 000 gallon tank and have a pump to take suction from that to supply water to the toilets and sinks , and the sprinkler system for that matter . Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Town Attorney Barney asked why there couldn ' t be a provision for a pump to be installed connected to the system . Mr . Axenfeld replied that if there were a fire and. the electricity goes out , an electrical pump is not going to allow that water to be pumped up to the sprinkler heads . In order to have such a type system they would either need a generator to turn on the electricity or something to pump the water up on the roof to obtain the pressure at the heads . Town Attorney Barney said that the Board understands what the NFPA standards are but he is asking for a temporary waiver from that and whatever the waiver is , presumably it is not going to be a . perfect solution but there are ways for solutions to be devised . Mr . Wood said that one solution would be to connect the - system on line now so that whatever water and pressure is available is there . He also suggested that the supply tank could be filled at half intervals , 500 gallons instead of 1 , 000 , to make sure there is always some water there . As far as using the exterior pools , that would not be practical in the wintertime as the pools become frozen . Chairman Aron asked Fire Chief Olmstead for his expert advice and recommendation . Chief Olmstead stated that the problem with the variance is if the Board starts to engineer some alternatives , which in listening to the discussion does not sound too practical , could there be a possibility that the Board ® could incur more liability on the part of the Zoning Board or the Town for engineering something that is of questionable value . He said that should there be some resulting disfunction , it could allow some claim to come back against the Town or the Zoning Town of Ithaca 13 Zoning Board of Appeals August 9 , 1989 Board as opposed to what the Board did with the veterinary place when they told them to put the system in and when the municipal water comes through , to hook it up . Town Attorney Barney responded that there is always a risk but the object is that we have a requirement , and it is reasonable for people to come in and ask for a waiver of the requirement in a temporary situation when there will definitely in the future be municipal water going through their area to hook up to . Otherwise the Board would be asking people to invest $ 20 , 000 or so to make it completely adequate for an engineered system under the NFPA standard . Further discussion followed regarding the standards . Chief Olmstead said he has no solutions . Town Attorney Barney said that he thinks they are a year away from having municipal water in that area . Mr . Wood said that his letter was written on the basis of the information that he was lead to believe . Mr . Frost interjected that he thinks the target date is 1990 . • Mr . Austen suggested that the pump be set like a fire pump , with a disconnect separate from the building service , maybe on the same service . Mr . Wood said that it would have to be on the same service . You are only allowed one service into a building . Mr . Austen stated that it could be on the same meter but a separate disconnect for that particular pump so that if the building power was off , that pump would not necessarily be gone . Mr . Wood stated that would be reasonable . Mr . Frost said that the only other thought that he would have is an emergency generator . Mr . Austen said that if it were not maintained as an emergency generator all the time it is no better and this is a temporary arrangement for probably no more than one year on the outside . Town Attorney Barney stated that he can see it being two years . Mr . Wood stated that even so the Board has . established their objective that there are new buildings being constructed with sprinkler systems in them and it will be there when the water is available and they will be connected to the system . Town Attorney Barney asked Mr . Wood if the bids come in astronomical for the water project and for some reason the Town decides not to build to their location , could he engineer an NFPA • approved system with an in - ground tank . Mr . Wood replied , yes . It would require an emergency generator to back up the fire pump but , yes , it could be done . Town of Ithaca 14 Zoning Board of Appeals August 9 , 1989 After further discussion , Chairman Aron said that he would entertain a motion . Mr . Austen made the following motion : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a temporary variance from the Sprinkler Law to allow this building to have a sprinkler system hooked up on a temporary means with a minimum of 2 , 000 gallons of water stored in a non - freezable location with a pump to provide enough volume and pressure to operate the system for no less than 30 minutes and that the wiring be protected so that if the building service is off the pump will be energized through a separate switch , and FURTHER RESOLVED , that as soon as the municipal water becomes available , the system will be hooked up to it within a 30 - day period . If municipal water does not extend to this property within a three year period , the system will be made to comply with the necessary codes . There will be sufficient water stored to be meet the NFPA standards , and FURTHER RESOLVED , that , in the meantime , the storage tank of 2 , 000 gallons will be maintained at all times at least half full . Ms . Hoffmann seconded the motion . The voting on the motion was as follows . Ayes - King , Austen , Aron , Hoffmann . Nays - Mone . The motion was carried unanimously . The meeting adjourned at 8 : 55 p . m . Respectfully Submitted , Connie J . Holcomb Exhibits 1 8 ched Recording Secretary APPROVED Hebry Aron Chairman sYCYNN1U/q+rrr carr jkO A. P1 ilk /7 1��iE/�1tu,' '� �J - r /B-4[` r✓..� �119[S'•l Ai7O f�'rl fh,pfe�Ll�1}�y �t'j Oft 4+11 0 S���•�,,, _ - f . cr io i � 1 ? �O.O I' c7 E' 171 /E ,. FouwO Z � ,jy r cogmr.A ,. uAElvaesi - ry �� a,) ��� _ 355 0 < R. ly CAR PORI- F- Q V ` W • - b �Q Q o I d N U fj G�3 4 t 4 I W JLil ' tY spa o4Lj I a cj A& m A& I� 0) ° j F c0 mot T%a •`/ r 51'e 0 I $ ADORE AUD MARY W. BLUMEW , rJiIm" I - 0EX0 BK 344 Pdr 4& 3 ef4 I TAX HAP PARCEL . (elo - ; - 3 ;;IpmD I � . sE� F -} AREA a 0. 13 ACR E5 l� 1 a t3 ` NET TO R/W o��.o N A64 . 31 40. 5 FRom ,� � k t ROA 0 (oEEU 38•) 01 ,to. > o al• z ° � q� BDYQY m 41" < v3plk LL 0 u FOUND 4 0 4_ tr 7 O LL W$49Y . EILliiE.C.) N Bp4K31p 3� = tU i S S L O te3� l �q eT � 1. epi n 9 OO �I �j4 .7 � CeEST Ragri SURVEY MAP tio . 122 WARREN ROAD m"OWN OF ITHACA TQMPKIW5 C.. Imo J u L.Y 211 1989 SC ALE ] " 26 T G . MI LLE R ASSOCLIA'TES P. C . ENGsn1EEeS � $uaZVEYoKg I TO ACA) IPI Ew Yo It K CONFORMI1R11 NOF 001 i LONi1RISIO f1 3i[IILM TEE/. SUBDIVISION L F. R.1. STATE i Of LA551'1 ALL ARE PAOKIIIICATMISC1 If CAN. E V LID FOR THIS H HEREON CO IES VALID IQA .1 I ISA AI11 OR COP ES RAN ERILY W 31[1 Ill/ 1O Still ACAS D L D SCff11N fFAI 1i NIC li[[Nff1 LAND filNYCfERI NND$[ SICNA11R[ MEANS. NESTERS � EXHIBIT #T • 1407 = Hanshaw Rd -- - Ithaca , d :Ithaca , NY 14850 August 5 , .. 1989 Mr . and Mrs . Joel Porte 1405 Hanshaw Rd . Ithaca , NY 1450 Dear Mr . and Mrs . Porte , As neighbors , we have no objection to your petition to renovate your barn on your property at 1405 Hanshaw Rd . . We hope this note will be of support when you make your .appeal to the. Town Zoning Board . Sincerely , v _ Natalie Concannon EXHIBIT # 2 is � cl Raymond A . DiPasquale and Associates June 21 , 1989 STRUCTURAL CONSULTANTS 121 West State Street Studio: 203 Wyckoff Avenue Ithaca, New York 14850 P_O. Box 848 Office: 607/272-8585 Mr . and Mrs . Joel Porte Whiffletree Farm 2405 Hanshaw Road Ithaca , New York 14850 RE : Barn Remodeling Dear Mr . and Mrs . Porte , On this date , I have reviewed the existing structure of the barn / garage building on your property . I have also reviewed the drawings outlining your proposed remodeling program . In my opinion , the existing structural framing is very adequate uate to accomodate the intended future loading . The barn in general is in excellent • shape , considering its age . The building is visibly square , is well braced , and there are no signs of excessive deflection or frame distortion . The dry rot at the base of the exterior siding is to be expected and is limited to the ground line area : it is easily repaired . The only potential weak link . in the system are the foundations , although there was no evidence of settlement or frost heave anywhere . Apparently the six major wood columns in the north and south walls have been seated directly on large rocks . Considering the proposed expense involved in your remodeling plans , it would seem prudent to assure that there will be no foundation problems in the future . Accordingly , I recommend that all six exterior wood columns be underpinned , and earth formed concrete ( minimum 2 ' - 6 " square ) be installed to a depth of at least V6 " . The ends of the columns should be saturated with bitumen and encased in the concrete . The steel pipe column supporting the center beam in the garage should have a similar foundation . It will require that the existing concrete floor slab be cut in order to install the new concrete . The depth of this foundation should also be a minimum of P - 6 " since the garage is unheated . No reinforcing steel is necessary . EXHIBIT # 3 Vk1h % f r Mr . and Mrs . Joel Porte • Barn Remodeling June 21 , 1989 Page 2 . The anchoring of these seven columns into the ground will insure the long term structural performance of this building . If you have any further questions , or if I can assist you in any way as the project proceeds , please do not hesitate - to call me . I appreciate the opportunity to be 'of service in this matter . Sincerely yours , RAYMOND A . DiPAS & ASSOCIATES aymo d A . DiPasquale , tructural Consultant • cc . Mr . Bruce Bard EXHIBIT # 3 Cornell University is tWalv Ithaca, New York 14853 July 17 , 1989 Thomas and Lynne Murphy 1319 Hanshaw Road Ithaca , N . Y . 14850 Dear Mr . and Mrs . Murphy : My wife and I , who live at 1405 Hanshaw , would like to reno - vate the second floor of our barn , and in order to do so we need to apply to the Town of Ithaca Zoning Board for permis - sion . In such cases , one ' s neighbors need to be informed of the substance of the petition . We want to put in a studio apartment , not for rental pur - poses , but for the following reasons : ( 1 ) to provide guest accommodations for our parents , who visit us fairly often $ ( 2 ) to have quiet space where any wife and I , who are both scholars , can escape to do our work ; ( 3 ) to enable our daugh - ter , who is studying the violoncello at Oberlin Conservatory , to practice without being disturbed or disturbing others , when she is home on vacation . If you have no objection to our petition , a very brief note to us stating your view would help when our case goes before the Zoning Board . O.f course we would be most grateful for your support . Yours sincerely , Joel Porte � (-' '�� TC rAl �'U • j tom' L L EXHIBIT #4 "yti tni�. �lh SKYv'G Cornell University Real Estate Department 607-255-5341 Mail : Box DH - Real Estate 20 Thornwood Drive , Suite 103 Ithaca, New York 14853-2801 Cornell Business & Technology Park Fax : 607-255-9010 July 25 , 1989 Mr , Joel Porte 1405 Hanshaw Road Ithaca , NY 14850 Dear Mr , Porte : Cornell University has no objection to a studio apartment , for the purposes you have stated, over the garage section of your house . Good luck with your plans . Sin rely , Thomas P Lzv •�gne TPL : tinb EXHIBIT # 5 • sdoo .6666 do 14. 1 - A/ ///J��///�/�//'JAI ray/, e I . �!`� 1 mmde J do od / IG✓ {/moi �' ;mod z la e [ . c t r ' a t t 44d 'C . Y . .t ` do . .. t t 1 V '. y t { r Z• '' r � r ; 'i/ e r � ,) > r c1 ) KI '' Y t1 • r r i - , r No d IN i d) did 1 f !4MM •r 1 a t , r S4 -t ` der dmI . A Y 1. r • t jn ' }' .. Ali t 1 v :IJf •, cd .'. ( 1'.;S. f [ ,... tv. L 1 � y r . meIES rtlru fr .A.'Va r K 1 i SL= •if' t S'4 [ L w- -a. ':i.r l r r- _ +i' ~ l y [ mod- d Yi N. meE. Pn h - y Urr < .x +h,}/ +rt, J r oke t � do ''t r : , % t..! ' J teJ -rj d 1tNI :f A Lta L�0 y F r r t L [t (J t , r 1 r t , + Lk f1 s F +Si-`t'` 4 i• .I�.�qqq• br. t >S"s r . t i � ^ .AL y�l � Il,t C r lY,t�t ,l.yn �•S ry < <i 34 Z'•-et L +<� ty '1`tf £Ir.GCiJt�Jr1 .'v lvih; (+1 atf �i �f. a 1 -ded,y \� / id b �� 3/'.I'mj..y 411 Wt •a � , do; 4t .�rfdiet l. r' f hp iR<44 Y ! . . r^mu. f m • —1. — it f V w IJ r . � «L rr a of r "I( d a. ;}- i . t t , ^nv ir. 1 .7. >T• t3 r 4 J 1�_ p - } f r . 0 . [ rL t ti � y1 k v . a. f iry. w AL - rN Ft led : .il .. 4 tl t - n, , _ ti 2- , }. At . .Y ! ' •.r�. h ..A`.IC a , . ' 1 . . .. . r _ WON add dr, me t or ij • hid ..,JOIN d;c m , �.Uc d c- rIt A. r t r v . ame v _ o. , - t } '. JL of P ' �. r y .a h � d vdo y J 1 •t t t mp J r ' r ` mom' r, 1 A t f - 1.-.. -. "A � 1 ' Y 1t. 1 �+ t ":. tAae- • do m Cly` oo No — I . 441,mr r do -� A r t t ro f1 _ • t t f -164 i( riy t t , r. api >r 11 , '✓a I : i a V od o do m. ti ido do mmd odd 1. 1s l a / - 1 at Jim.o I1I Ned do 73 l11 do tK me , •do � ,,ni 0 me do t _ F . r ♦ 1 ••'� a ,r ae} 1 rt t '.Y h I rs.}1a i �' r / . t. • , 1 1 .rlY�f .1 fr[ih It v )J 4 e ' , Y t r r Y_ I do Me m ✓ ' Wmm ' L `-` Wim/ _ _r. _ J, - md M.do me m s �rw /A/ ' ' ' e}�nr ) [: J �1�, n A 0 1 W V r r 4V hit 1 .At• A L . . at [ ✓/�/tLJ+ . t t • H, la. - YI . tlm Kr LI � [•a :1 -wed. o de" L';- Ve md. dome, do I`f Sip I:k,me'! J It . . / f . . .•. . 1, s . If [tt •� . r• 7r t •r. St - ✓- , .. / � . do do � • 'A do d, �N • EXHIBIT #6 ed ,hl '7 7AX PHRUFk 70- 14- 7 1D �� R o P6VICK W. 0 NATAU1' A co1YCHNNo/Y6_981%3g) 7-o"'M 4�%. fi �� N ROWR7 40j�" X72p . 7/ OC- 99 'C1E�f0 6 v` a � � e CO -NO e Q1IV no �r k *e y S ml f o�G i as 0 0 Tr9X PARCF� -70 - /2- $ LUI MRYA '� ` �O � aR� vtwNY �.� r OiErRiCN (u ru � w I C5 C w d CC) `o o Z ti � k `'� ti ,270. ,32 ' S GOR,,3 � o I ' W 7`107-A4z97./je (S8 * W je 9 4otcro) �*o 0 2 (26• o) olio 7-Ax PgRCE- 170 -lie - 7 ti ,,o o. THoM9S C�` BN4>'rY.Yx604/64) � e SuRVFY /'1NP of ARNOS OF O.Po` I O/FrRic/i 0 All • EXHIBIT # 7 �yj ,'6,.l . �' GARY L . WOOD , P. E . • P.O. Box 313 Whitney Point, NY 13862 607-692-2271 l� 17 July 1989 �n � 3 ` I Zoning Board of Appeals Town of Ithaca v 126 East Seneca Street Ithaca , NY RE : Cannon Pool Project 618 Elmira Road o Ladies Q, Gentlemen : 1 am requesting your favorable consideration of the attached aoolication for a temoorary variance from your sprinkler law as it applies to this structure . The practical difficulties of this situation are that it would require a temporary storage tank of 51 , 000 gallons ( or 20 feet in • diameter by 20 feet in height ) . Furthermore , this tank would have to be raised to a height such that its base would be 35 feet above the building in order to provide the requisite 15 psi pressure . And all of this would be removed in the late fall when the municipal water becomes available . The building design includes the sprinkler system and a service line of sufficient size to serve it . The applicant has aoreed to connect to the municipal water system when it is available and this should be about the time that the construction of the building is complete . Consequently , to continue to deny him a building permit so that he can even proceed .with the construction constitutes an unnecessary and unreasonable hardship . I have not included a *plot plan with this aoolication because 1 ) it is not germane to the specific question of this aoolication and 2 ) it was submitted to last March when you conducted a Site Plan Review . We do thank you for your consideration . Respectfully submitted . ry ood , PE • Encl : Application for Appeal Practicing Soils, Foundations, and Construction Materials Engineering EXHIBIT # 8 i a Z • ► STA - - �-.�.: � Af Ft TOT P'L' T 4 TOWN OF ITHACA ZONING " BOARD OF APPEALS 1� y� ` /-� T Y ��T �� ' NOTICE OF PUBLIC HEARINGS 1 SHE . ITS -1r lltl [Vi U WEDNESDAY, AUGUST 9, 1989 7 :00 P. M. B direction of the Chairman of the Zoning Board of Ap peals NOTICE IS HEREBY t GIVEN that Public Hearings .f t �- will be held by the Zoning ^1f =-t �-- � � e K- Board of Appeals of the Town ; of Ithaca on Wednesday , Au- ' gust 9, 1989, in Town Hall , 126 • t �-�; ar•}CS East Seneca Street, (FIRST 1 v .yrs ....._ . . _.. ._ . . _ . _. . .._ . . __ . ._. - �J! i: a C '.:t _ Floor, REAR Entrance, WEST i Wide ), Ithaca, N. Y. , COM-. i MENCING AT 7 :00 P. M. , on j 11fJSif the following matters. ADJOURNED APPEAL (from .i June 14, 1989) of Isadore Blu- , _ .. _ . — -- -- — - - - . .- . .- . . _ • .. _: . . ..: . men , Appellant, . requesting . , al authorization from the Board j - cz . T� ;-s�, cw � a:-7atit a gab?icTr' or-�'—' P . . . o Appeals or the extension ; of a non conforming structure E on a legal non-conforming, .� 2 . - . . lot, located at 12 Warren . . , Road, Town of Ithaca Tax Par'' __ . _ _ -- . • �� L £ ; `- '�5+ � "t .�` if-Ds�'S�, cel No. 6-66-2-3 Residence, _. . . ... _ _ . . : ... . .. , District R- 15. The extension in- • - _ � i v enlargement _... _ .. . R'L. ^ .:1' ��5�" 3= 1L' = rtiC _ .— ___— currently lo-* i o vest a t. _ catetdn approximately 5 plus- _. . _ .. . /minus eet to the north side . . l _ yard lot line and is proposed ' . - - to be decreased to 1 foot plus, : /minus through said enlarge- ment. Current zoning would .. ._ .— - - .... . _ . require a 10 sideyard set + ` back for a us arequested un- i e structure.Authorization Lrr ? _ tyl . t �. r L- S-, • _. ; Or 5 = _ DC = _ _ CC c • —• • -- • --•- -•-• der Article XII , Section 54, of . l L . the Zoning Ordinance . APPEAL of Joel and Helene j .. _ r1 S iC� $ • , Porte, Appellants requesting (;,E�, Q. . -�T- • IL l.1 - -' - "' ' ' a variance from Article .IV, Section 11 , of the Town of. Ordinance -' aca Zoningo O — �._.. . . . ... . ... . .. . . .._._._ . permit he (conversion of the , second floor of an . barn/storage building existing.- barn/storage a L' _.. _ . . .. .. _ . _ _ _ _--- - • • Gi ' dwelling unit, located at 1405 Hanshaw Road, Town of Itha co Tax . Parcel No. 6-7C 12 8, 1 • - Residence District R- 15. Said •. - property contains an existing single family residence whereas-the Town nf_Ithnrn:,__ ... .... .. i Zoning Ordinance ermits , ^ "' ' ' — — - � one residential building ' IL only on a single parcel of land. -. . - requestingDxeanv i- ( . APPEAL o Appellant, var . . .JEAN .FORD once under Section 9 of the Town of Ithaca Local Low N7- - Notary Public, State Of New York 1988, as amended, "Requir- ., ing Sprinkler Systems To Be In- No.. 4654410 ll Buildings n The qualified . in. TcmP�lrs Coynry Town Of Ithaca , for the tem � ationol sprinkler installation n of an ein t e GlTtl?1:SS101 eXlreS .ri1�8Y �i the proposed Cannon Pool ?, a retail sales facility tonal nbe to ated at ' j _ Elmira Road, on a recently - divided portion of Town' f 618 sub - Ithaca Tax Parcel No. 6-33-3- 2 . 2, -33-3- i , 2 . 2, Light Industrial District Said Zoning Board of Appeals ' - will at said 'time, 7:00 . m. , ' I _ - and said place, hear all per- 'i :W . sons in support of such matters ; or objections thereto. Persons I ._ P­ person . • ... . _ may appearby age in person . Andrew S. Frost Building In ector/ j Zoning Enforcement Officer _.. . :. .. . . . .. . .... - - -_ - - . . . . _ -� Tow n of Ithaca'. 273- 1747 : August 4, 1989