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HomeMy WebLinkAboutZBA Minutes 1989-11-15 FILED TOWN OF ITHACA O TOWN OF ITHACA DateAL'(. k4, i,/U 01 ZONING BOARD OF APPEALS Clerk NOVEMBER 15 , 1989 PRESENT : Chairman Henry Aron , Eva Hoffmann , Joan Reuning , Edward Austen , John C . Barney ( Town Attorney ) , Andrew Frost ( Building Inspector / Zoning Enforcement Officer ) . ALSO PRESENT : Shirley Valenza , Myrtle Whitcomb , Ivar Jonson , Attorney Roger Sovocool , Glen Harrington . Chairman Aron called the meeting to order at 7 : 21 p . m . and stated that all posting , publication and notification of the Public Hearing had been completed and that proper affidavits of same were in order . At this time , Chairman Aron pointed out to the public present that there would be a limited time tonight to decide on the Appeal that is before the Board , adding that the meeting will be adjourned at 10 : 00 p . m . Chairman Aron , referring . to the Appeal notice , asked if anyone had any questions as to the validity of the advertisement in the newspaper , posting , or notification of the neighbors . Mrs . Shirley Valenza , of 938 East Shore Drive , stated that she had an objection as to the way the Notice was stated , in that there are many • violations beyond the two deficiencies that were noted on the subject . Chairman Aron responded that that would come out at the Public Hearing . Chairman Aron stated that he was only asking the public if there were any objections to , or agreement with , with the advertising pertaining to the meeting tonight . APPEAL OF IVAR AND JANET JONSON , APPELLANTS , REQUESTING MODIFICATION OF THE TERMS OF SPECIAL APPROVAL GRANTED BY THE TOWN OF ITHACA ZONING BOARD OF APPEALS ON APRIL 12 , 1989 , FOR THE RECONSTRUCTION OF A SINGLE STORY , SINGLE FAMILY DWELLING AT 934B EAST SHORE DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 18 - 5 - 9 , RESIDENCE DISTRICT R- 15 . SAID SPECIAL APPROVAL AUTHORIZED A 12 - FOOT WIDE BUILDING WHEREAS THE BUILDING CONSTRUCTED IS 12 FEET , 4 INCHES . FURTHERMORE , INFORMATION AND MATERIAL PROVIDED BY THE APPELLANTS INDICATED THAT THE PROPOSED STRUCTURE WOULD NOT HAVE A " LOFT " OR ROOF " DORMERS " , HOWEVER , THE BUILDING AS CONSTRUCTED HAS A LOFT AND TWO ROOF DORMERS . At this point , Chairman Aron read aloud the Appeal Form , ( attached hereto as Exhibit 1 ) . Chairman Aron indicated that Mr . Jonson widened his building by four inches , and constructed two dormers on the roof . Attorney Roger Sovocool , Attorney for Ivar and Janet Jonson , addressed the Board and stated that the Building Inspector , Andrew Frost , wrote to Mr . Jonson asking him to appear before the Board to seek a modification of the approval before he could issue a • Certificate of Occupancy . Attorney Sovocool noted that Mr /Mrs Jonson are not asking that the approval be changed , because it is their position that they are within the original permit , adding , if the Zoning Board of Appeals - 2 - November 15 , 1989 Board feels it should be modified , then certainly they would accept any modifications . Attorney Sovocool stated that he thought it could be shown that the Appellants are within the intent of the original permit . Attorney Sovocool remarked that , in order to save time and get all the facts in front of the Board , Mr . Jonson has prepared a statement in which he has tried to set forth the chronology of events , so that the Board will have the answer , he believed , to the two questions ; namely the width of the building , and the mezzanine or loft area . Chairman Aron asked Attorney Sovocool to give the Board the highlights as to the importance of the width and lot , as well as the dormers . At this point , Attorney Sovocool distributed copies of Mr . Jonson ' s statement to the Board members , which is dated November 15 , 1989 , ( attached hereto as Exhibit 2 ) . Attorney Sovocool commented that he also has , if the Board wishes to have it to refresh their recollections , the original survey map of the building before the first building was torn down . Chairman Aron replied that the Board has copies of the map , which was prepared by Howard R . Schlieder on August 16 , 1985 . Continuing , Attorney Sovocool said that they also , of course , have the Building Permit , noting that the Board made the motion and set forth the conditions . Attorney Sovocool remarked that he has , in his possession , a letter addressed to Mr . Ivar Jonson , from Andrew Frost , Building Inspector / Zoning Enforcement Officer , dated September 5 , 1989 , and a further letter from Mr . Frost dated October 27 , 1989 , ( attached hereto as Exhibits 3 and 4 , respectively ) . Attorney Sovocool distributed to members of the Board a letter addressed to Mr . Jonson , from Om P . Gupta , dated November 14 , 1989 , [ attached hereto as Exhibit 5 . ] Attorney Sovocool also produced a hand - written statement , addressed to To Whom It May Concern , from Glen Harrington , undated , ( attached hereto as Exhibit 6 ) . Chairman Aron read aloud , for the record , the letter from Om P . Gupta , dated November 14 , 19891 ( Exhibit 5 ) . Chairman Aron then read aloud , for the record , the hand -written statement from Glen Harrington , ( Exhibit 6 ) . At this point , Mr . Jonson offered that Mr . Harrington is a contractor and is employed by him . Attorney Roger Sovocool again approached the Board and stated that he was speaking for Mr . Jonson and , based on conversations that he has had with him , he would paraphrase some of the material in Mr . Jonson ' s statement of November 15 , 1989 , ( Exhibit 2 ) . Attorney Sovocool stated that Andrew Frost , Building Inspector / Zoning Enforcement Officer , looked over the statement very carefully with Mr . Jonson , Attorney Sovocool stated that Mr . Frost cautioned Mr . Jonson to be sure and meet the matter in all respects and Mr . Jonson responded that he would do so . At this point , Attorney Sovocool began to paraphrase Mr . Jonson ' s statement , and referred to Item No . 3 in the statement . Chairman Aron asked , for the record , about the diameter of the concrete pilings . Attorney Sovocool responded that they were 12 " in diameter pilings . Attorney Barney wondered how far apart they were . Mr . Harrington offered that they were 10 feet apart . Attorney Sovocool then proceeded to Item No . 4 . Chairman Aron asked about the 12 - foot -wide foundation . Mr . Sovocool responded that it is 12 feet wide from outside edge to outside edge . At this time , Attorney Sovocool proceeded to Items No . 5 through 15 . Attorney Sovocool stated that the framing is 2X6 construction . Attorney Zoning Board of Appeals - 3 - November 15 , 1989 Sovocool said that when the plans were first submitted to the Board there was no plan for a mezzanine or a loft area , which is apparent from the examination of the plans . Attorney Sovocool stated that the reason for that was because Mr . Jonson did not think he would have enough room in order to get anything up above the height of the ground floor , but as the detailed plans progressed Mr . Jonson found that he would be able to put a small 10 ' X10 ' or 101X111 area halfway between the ground floor and the ceiling , and still give enough room for people to walk safely , and adequately , through the ground floor , and allow some storage or other area up above . Continuing , Attorney Sovocool stated that the original house that was taken down also had some upper storage area , in that there was some plywood across the beams that was suspended , and it was used for storage . Chairman Aron asked about drawings for the loft , with Attorney Sovocool answering that it was just a matter of doing it as Mr . Jonson progressed . Attorney Sovocool noted that Building Inspector Andrew Frost appeared on August 2 , 1989 , and there was a discussion between Mr . Jonson and Mr . Frost about the matter , adding , Mr . Jonson ' s contention was that this was alright , as it did not violate the Building Code , and he hoped that it would be approved by the Building Inspector . Attorney Sovocool commented that the Building Inspector examined it at the time , and , as Attorney Sovocool understands it , he [ Mr . Frost ] approved the building . Attorney Sovocool stated that other measurements were taken , carefully , by Mr . • Frost , such as the deck in front of the building to be sure that the deck was exactly right ; it was 9 ' by 10 ' , which was called for . Attorney Sovocool stated that Mr . Frost also measured the building by going to the top of the building , and dropping a line to be sure it was absolutely no more than 15 feet high . Attorney Sovocool offered that he did not know if Mr . Frost took , at that time , any other measurements . Attorney Sovocool stated that Mr . Jonson continued to frame the building , and finished framing the building . Attorney Sovocool referred to the letter dated September 5 , 1989 , from Andrew Frost , . ( Exhibit 3 ) , in which Mr . Frost states : " Although the exterior non - combustible siding was not in place at the time of my August 30 , 1989 inspection , you are proposing to use it , and the use of such non - combustible siding on a building within 3 feet distance of a lot line is permitted by the New York State Uniform Fire Prevention and Building Code . " Attorney Sovocool stated that Mr . Jonson then proceeded to put the solid flat steel sheets of siding on the outside of the building , commenting that Mr . Jonson also put in some , what he [ Attorney Sovocool ] would call , corner decorations on each of the corners of the building , as shown on attached photograph # 5 . Attorney Sovocool stated that , according to Mr . Jonson , each of the wooden corners adds about an inch to each side , commenting that those corner posts could be removed . Mr . Jonson offered that the steel siding is on the sides where the parking is located . Chairman Aron mentioned that there are two different types of siding on the building , with Mr . Jonson replying , yes . Attorney Sovocool again stated that the four corner trim posts could be removed ; that would take off one - inch on • either side of the building , if the Board felt that that was necessary , adding that they are only on there for decoration which adds to the overall appearance of the building . Attorney Sovocool Zoning Board of Appeals - 4 - November 15 , 1989 then showed the Board photograph # 4 , which shows the building as it faces the Lake . Chairman Aron asked if there was a cathedral ceiling . Attorney Sovocool answered , yes . Attorney Sovocool offered that photographs # 6 and # 7 are taken from the front of the building and show the deck and the general appearance on the Lake side . Attorney Sovocool then showed photograph # 8 which shows the mezzanine or loft area . Attorney Sovocool again cited the letter from Andrew Frost dated September 5 , 1989 , ( Exhibit 3 ) , in which Mr . Frost indicated that he was not sure whether the Zoning Board of Appeals intended the 12 - foot maximum width to mean at the foundation walls or at the outside finished exterior walls . Chairman Aron noted that Mr . Frost stated : " I will not issue you a Town of Ithaca Certificate of Occupancy until you reappear before the Zoning Board of Appeals for either an approval of the as - built structure , or obtain a 411 ± variance . " Attorney Sovocool stated that the Appellant does not find any fault with Mr . Frost , as he did a very conscientious job , adding that that is not the problem . Attorney Sovocool stated that the problem is , he thought , in trying to put this together , that the instructions that the Appellant has are rather limited , in other words , the Board gave the power to the Building Inspector to determine whether this use is in compliance with the square footage , the distance , and all the construction requirements , commenting that the Appellant thought Mr . Frost followed the matter . Attorney Sovocool stated that he felt , as is the Appellant ' s position , that there really is no need for modification , because Mr . Jonson has followed the ® Board ' s instructions . Attorney Sovocol commented that the only question might be whether this building exceeds 12 feet in width , adding that he thought that is a question of interpretation as to whether the Board is counting all the trim , the.. corner boards , the stoops , or any other embellishments on the building . Attorney Sovocool stated that it is true that , probably , steel siding to steel siding , it is probably over an inch or 1 - 1 / 2 " on the size of the building . Attorney Sovocool noted that the footprint of the building though , as it - was built , as it was measured , as it was up , is exactly 12 feet wide , according to everything that is known about the building . At this point , Attorney Sovocool presented Photograph # 9 , dated November 14 , 1989 , which shows the siding along the side of the building . Attorney Sovocool stated that he felt Mr . Jonson ' s statement and the photographs fully explain any questions or position that he [ Attorney Sovocool ] or Mr . Jonson might have . Chairman Aron noted that this was a Public Hearing and asked if anyone present wished to speak . Mrs . Shirley Valenza , of 938 East Shore Drive , addressed the Board and stated that she is an adjacent property owner . Mrs . Valenza asked if she could view the Building Permit , the application for the Permit , and the plans , as she has never seen them . Chairman Aron pointed out to Mrs . Valenza that the Building Permit is made out to • the owner of the property . Attorney Barney noted that it is public record . Attorney Sovocool produced the Building Permit for Mrs . Valenza , and the Board produced the plans for Mrs . Valenza to view . Zoning Board of Appeals - 5 - November 15 , 1989 Andrew Frost , Building Inspector / Zoning Enforcement Officer , stated that the plans are what was submitted as part of the original approval . Mr . Frost stated that the sketch he had received for the Building Permit application was exactly the same , except , as noted in his handwriting , the sketch showed a 14 - foot -wide building and , because the condition was 12 feet , the conversation with Mr . Jonson , before issuance of the permit , was that it would be 12 feet , which was written in and initialed by Mr . Frost . Mrs . Valenza asked if there were any plans for an up - to - date version of the building . Mr . Frost responded that the presented plans are the plans under which the Building Permit was issued , but modifications , such as the addition of the loft , were not submitted on a formal plan . Mrs . Valenza wondered how intelligent decisions could be made without such things as copies of the two items that she has suggested . Mrs . Valenza stated that she was the one that saw the 5 - 1 / 2 " X5 - 1 / 2 " improperly treated posts stuck into the ground , using the labor and machinery of a company who is supposed to be doing the sewage , even though it was at least halfway into water at the most western part , toward the Lake . Mrs . Valenza stated that she felt any citizen could have copies of the issue , may check , and certainly one that is going to be placed so very close to a person with such a very bad fire record , she certainly should have had copies of the plans , as well as the Board , long before , in fact , at the very beginning . Attorney Barney , directing his comment to Mrs . Valenza , wondered if Mrs . Valenza had come to the Town Hall and asked for those items . Mrs . Valenza responded that she did ask for the plans and the Building Permit . Mr . Frost interjected that that request was made via telephone by Mrs . Valenza ' s attorney . Mrs . Valenza replied that that is right , but she came in to ask for it and pick it up . Mr . Frost responded to Mrs . Valenza that she did not ask him personally for the items . Mrs . Valenza replied , no , the secretary blocked my way and stated that only Mr . Frost could give out that information , adding that she was not allowed to see Mr . Frost ' s assistant or anyone else , at which time she said she would be in the next day to pick it up . Mrs . Valenza stated that she did not get them for a full week , and with a rather ironic statement of Freedom Of Information , and which the Town Clerk tore up , saying it is certainly too late for that now , that should have been before . Attorney Barney stated that he just wanted to be sure that , at some point , Mrs . Valenza received all the papers she had requested . Mrs . Valenza said that she got old papers ; nothing resembling the building that was constructed . Chairman Aron stated that that is not what the Board is talking about now , we are talking about the questions you have raised . Mrs . Valenza said that she had received a kind of Building Permit that talked as though the building were to accommodate regular normal standards of building , and as though it had not been before the ZBA at all . Attorney Barney noted that Mrs . Valenza did get a copy of the Building Permit , the plans , and the items that she had requested . Mrs . Valenza stated that neither one were remotely like what has been constructed . Attorney Barney said that his concern was that Mrs . Valenza received the documentation she had requested . Mrs . Valenza stated that she had requested documentation of actually what was • transpiring , not of what was tossed down . Attorney Barney stated that the obligation of the Town is to provide Mrs . Valenza with a written documentation . Mrs . Valenza stated that she felt it sounded very much Zoning Board of Appeals - 6 - November 15 , 1989 like a person can just give you anything , and it would do . Mrs . Valenza again stated that she received a kind of Building Permit , Mrs . Valenza stated that she had gone to Town Hall , offered to pay for the items , and was given what happened to be submitted , but if a person does not have a concrete plan , and if it is going to be changed constantly to be something totally different from what it is , then why is everyone wasting their time here . Attorney Barney stated that the Board is not in a position to be answering questions of that nature . Mrs . Valenza commented that her questions are some of the kinds of questions that she would like to bring out . Mrs . Valenza stated that she felt her freedom of information was violated , and the kind of material that was given to her obscured the case on what was really being done , adding that she believed what is being talked about is the kind of building rather than its adherence to the law , and further adding that she does not understand why Mr . Frost gave her a paper that said the height would be according to the Town values when there were definite limitations . Mrs . Valenza asked how high the building is at its highest point from the tip of the rafter to the bottom of the floor . Mr . Frost responded that the measurement was 14 ' 8 " from the ridge to the underside of the foundation , which is on piers . Mrs . Valenza asked Mr . Frost if he took the measurement . Mr . Frost responded that he was there , but did not get up on the roof at that time , there was a gentleman on the roof , and he was on the ground . Mr . Frost stated that , actually , the roof was not on ; the ridge beam was up at that time . Mrs . Valenza asked the Board to repeat in what jurisdictions the Building Inspector was told he might make all the decisions . Attorney Barney responded that the Board is here to accept and listen to any reasons that you [ Ms . Valenza ] have for indicating that the variance is not appropriate here ; the Board is not really in an information producing situation , they are looking for people from outside , from you [ Mrs . Valenza ] , and the Appellant to produce the information so that they can make an informed decision . Attorney Barney said that these types of questions , if you [ Ms . Valenza ] had them , probably should have been addressed to the Town Building Inspector sometime prior to tonight , adding , with respect to the last question , however , there was a condition imposed in the ZBA Resolution , dated April 12 , 1989 , ( Exhibit 7 , page 17 ) , which said that the Building Inspector would have the power to determine whether any proposed use is in compliance with the square footage and distance and construction requirements ; that was a specific authorization given to the Building Inspector , there are others he has by virtue of his office , but that is the one related to this particular matter . Mrs . Valenza wondered if the specific ones are the height of the building . Chairman Aron responded that the height of the building was determined by the ZBA . Attorney Barney stated that the ZBA imposed several conditions , and the language was basically saying that the Building Inspector was the one who would determine whether the conditions were met . At this time , Mr . Frost stated that his interpretation of Item No . 2 in the ZBA Resolution of April 12 , 1989 , ( Exhibit 7 , page 17 ) , • in his mind , and the way he approached the power that was given to him , was that it was intended to deal with the distance set - back requirements between buildings and property lines , and the Zoning Board of Appeals - 7 - November 15 , 1989 combustibility of the exterior walls as related to Building Code , adding that that was the only approach he took in the power that was granted to him : determining the construction relative to set - backs between property lines and buildings , as outlined in the Building Code . Chairman Aron stated that that was the intent of the Board . ( Minutes of the Zoning Board of Appeals meeting of April 12 , 1989 , attached hereto as Exhibit 7 . ) Mrs . Valenza wondered about the fact of a half- story above , or the upper story that was added , adding that she wondered whose function that was . Mrs . Valenza wondered if that was not clearly spelled out at the meeting of April 12 , 1989 . Chairman Aron replied that the Board would be addressing that issue themselves , and while Mrs . Valenza was at the meeting . Mrs . Valenza stated that she would also like to beg to differ that the building that was there before , and she has referred everyone many times to existing materials in the Town files that were easily available and spelled out the exact dimensions of the house - - the fact that it was six feet tall inside and it had no upstairs - - she must differ as to what she has heard here tonight . Mrs . Valenza stated that she would also like to say that the discussion is about a 12 ' building and exceeding that . Mrs . Valenza wondered why , and every expert that she has consulted about it says , one measures from the rafters , not from the walls . Mrs . Valenza stated that some of us have construction experience , adding that she thought we are bound to agree to that . At this point , Mrs . Valenza produced a photograph showing the distance from rafter to rafter , commenting that she did not appreciate very much at all trying , without the proper papers given to her , to make sense of what was going on , and trying to do the things that the Board is asking her to do , such as put in input when it was all so secret of what it was to be . Mrs . Valenza then produced a photograph showing the space between her rafters and Mr . Jonson ' s rafters . Mrs . Valenza stated that , as one can see , the space is much less than a yard ; more like 27 inches . Chairman Aron asked Mrs . Valenza if the photographs could be kept for the record , with Mrs . Valenza answering , no , you may not , and stating that she had given pictures for the record another time , and she was very much disappointed . . . . Mr . Frost viewed the picture and returned it to Mrs . Valenza , Chairman Aron noted that there would not be a record of the photograph ; only a visual one . Continuing , Mrs . Valenza stated that the other pictures she gave for the file , as well as documentation regarding Mr . Jonson ' s original variance where he had asked for half of a story - - he told the neighbors two bedrooms , and how it turned out to be a five - bedroom , or a space with two lofts - - that was missing from the files when she looked at them , and so were the pictures . Mrs . Valenza stated that the Town is much more able to provide pictures , measurements , and dimensions than she was . Mrs . Valenza said that she has very much trusted that the ZBA would see that those things were done , adding that she thought she has seen a lot of goodwill and interest in the public welfare , of mental acuteness , and she thought it was impressive how much time and effort these people give . Mrs . Valenza stated that she did not understand how , in this day and age , a 20 - foot lot , less at its western part , could be used to put up a Zoning Board of Appeals - 8 - November 15 , 1989 rental building long after the grandfathering , when the residential zoning was 15 ' for a sideyard requirement , which means not even enough for the sideyards , adding that that decision created substantial loss to her , and fire safety , in particular , but also in view of property value , in peace and quiet , privacy , and parking availability . Mrs . Valenza stated that when the building gets rented Mr . Gupta will be the first to complain that the people are in his place . Mrs . Valenza stated that there seemed to be no practical recourse for her , other than to accept all the Board ' s rulings , since the time allotted after the 16 days was very little , and since a private person rather than one who expects to make money from a deal , would incur a great deal of expense . Mrs . Valenza stated that it is nice to know that there is a Board to even out that difference , commenting that she tried , as a good citizen , to accept all the rulings , and in the same spirit of good citizenship not to accept any violations or changes of any of the conditions that were specified . Mrs . Valenza stated that there was a danger there , and that was also brought up before the decision was made , that the City of Ithaca had brought the Jonsons to the Assistant Attorney for persistent violations of building law . Mrs . Valenza stated that , as she mentioned , the variance request seems to have been lost from the file * it is no longer there , although it was presented . Mrs . Valenza stated that , at the beginning , after a number of meetings , the request was denied unanimously , and Mr . Jonson , who has been seen lately on television telling how he just goes back and back and back - - a difference that is very hard to even out , because some ® of us are not so lucky to have the time , energy , or health to do that , and would not be able to do that . Mrs . Valenza asked if the generous rulings of the Board made in favor of the Jonsons were appreciated , adding , was the common good as determined here , and even submitted to by her , and was it adhered to , and has there been respect . Mrs . Valenza stated that she remembers coming many times when she was not at all well , even when her mother had been put on the danger list , commenting that some of the meetings , at least two , were dismissed when there were lack of plans , again , or dimensions on plans , or other preparation , which certainly should have been insisted upon . Mrs . Valenza stated that she was particularly discouraged to find that the Jonsons would be allowed to center the building so it would be several feet farther from their 934A , although several feet closer to her property on the north , which is a gift of much value in Lakefront property . Mrs . Valenza stated that those privileges have not constituted sufficient gain for Mr . Jonson . Mrs . Valenza stated that she questions your absolute . . . , adding that she would wait on that to see . Mrs . Valenza stated that many people told her not to put herself through coming tonight , but she felt that , although this may be a pattern , and that people like Ivar and Jan Jonson come and come again , and get what they want , despite all the rest who are , in essence , the majority , and therefore , should be given additional consideration , certainly equal consideration . Mrs . Valenza stated that the fact that the stingy 5 - 1 / 2 " wood posts were changed is presented as being a great concession in Mr . Jonson ' s building methods , commenting that , actually , she had to call Mr . Frost , and Mr . Frost told her he would • come and inspect when the Jonsons asked him to . Mrs . Valenza stated that she had to get a Town representative to ask Mr . Frost again , since it would be such a tragedy , and such a hazard to come out , Zoning Board of Appeals - 9 - November 15 , 1989 adding that , at that time the building was 12 " farther to the north than it should have been , and further adding that Mr . Jonson did remove it after the supervisor , and after her [ Mrs . Valenza ' s ] lawyer . . . . he did move it some , and he did correct that . Mrs . Valenza stated that she felt that not having complete plans , and the Board not having complete plans , is an absolute travesty of justice . Mrs . Valenza asked what her redress was if , after being built , it is inspected and found not legally conforming , adding that Mr . Frost stated that they [ the Jonsons ] can be told to take the building down , or to move it . Continuing , Mrs . Valenza stated that in many enlightened communities today several stories are being demanded as being removed . Mrs . Valenza stated that she thought an enlightened community like Ithaca , NY , if it intends to have justice , and have respect for the people that are appointed to see that the things are done properly , should be considering that . Mrs . Valenza stated that the second recourse was to take the Jonsons to law , adding , guess who would initiate and pay legal fees for that . Mrs . Valenza stated that she thought the threat of a lawsuit by the Jonsons , if they did not get their way , and get that in , and get that building on that 20 - foot lot , stands as a monument of a lot that is wrong , and that the people do not agree should happen . Mrs . Valenza stated that , of course , the Jonsons are taking the third way , which is to come back to the ZBA , confess the mistakes , and ask the Board to excuse and permit it , after • the fact . Mrs . Valenza noted that , since it is the ZBA members who have to make this decision , she tried to notify as many people as she could , as soon as she could , adding that she sees absolutely no excuse for rafters being 27 " apart . Mrs . Valenza stated that she felt really indignant when she took a letter to Mr . Frost complaining about the Building Permit , the fact that it had written that it had reached the top of the rafter stage , and no Building Permit displayed , so she was not able to read that , as well as not having the proper one to read herself . Mrs . Valenza stated that she asked Mr . Frost , as well as the Board , to keep a very close eye on what was going on , so there would be no need for tonight ' s meeting again , with a request for a variance for a variance . Mrs . Valenza reminded everyone that the original variance had to have a variance on all four sides , it was granted , and she tried to accept the Board ' s word . Mrs . Valenza asked what the Board was going to do now . Mrs . Valenza stated that she has been put through harmful trauma , effort , costly in human terms , and some expense to try to obtain whatever justice remains to her by law , and by the Board ' s rulings , and stated that she felt she was put in a position of trying to buy justice , adding , " you must give it to me " . Mrs . Valenza stated that the Town of Ithaca board members have worked very hard to effect change , asking that your rulings be respected they have not been . Mrs . Valenza stated that Mr . Frost required change after pressure , adding that it is necessary to resort to legal means to obtain that very elusive , questionable , very tardy Permit , and with proper organization , and cooperation , the plans should have been made at the beginning . Mrs . Valenza stated that she closes her request to say that she trusts the Board not to recommend , or accept partial adherence to the Zoning Board of Appeals - 10 - November 15 , 1989 ® generous rulings . Mrs . Valenza noted that she knew , and cautioned , that this issue would be here tonight long ago . Ms . Valenza stated that the Board has had ample time to see that what was done should be done , adding that she felt a great deal of empathy in feeling that the Board could possibly cause the Town of Ithaca a lawsuit , and further adding that she would not like to think that she had done that either . Mrs . Valenza asked how the Town can really be protected . Mrs . Valenza stated that the Town is now liable for a lawsuit on many issues , and probably the pettiest , which was shocking to her , was the petty kind of gossipy talk that was allowed to be heard in this Board Room , and to be reported in writing . Continuing , Mrs . Valenza stated that one involves legal slander of her daughter , adding that she felt no one was here to gossip ; she was here to get plans ; to discuss the feasibility ; to discuss what is justice ; that is what she is asking for . Mrs . Valenza stated that she does not want anything that is not coming to her ; she attended all the meetings , and did her best as a citizen to accommodate , she thought the Board should definitely not allow what is going on to continue to exist . Mrs . Valenza stated that she also felt a certain sympathy in the Board having been pressured , illegally , to make the decision in favor after the grandfathering , adding that she also felt that people of the quality that she thinks the Board is , should be able to make rules if someone is suggesting something that is not right , then the first rule should be to report it , and it should be a requirement . Mrs . Valenza stated that she thought the lack of using file records makes a mockery , and a source • of derision for the Board , adding that she very much appreciated the vigor with which the Board pursued it , and tried to find it . Mrs . Valenza asked why one of the Town ' s professional people , paid by the taxpayers , does not provide those documents , adding that the size , the shape , the placement of that was all there in proper form , not including clauses , the way Mr . Jonson ' s surveyor did , and the way his lawyer insisted was the size , and further adding that there were other things there too . Mrs . Valenza stated that she did not think the Board should allow what is happening , to happen , adding that she felt that capable people like the Board should make laws so that they are more free to operate without pressures of any kind , and certainly not behind the scene ones . Mrs . Valenza stated that she felt that the Board should insist upon knowing the law , e . g . , when looking to the Town Attorney and ask what is the feasibility of this building ; that one should not be answered about the kind of building , or that it might be a better building , when the question is the existence of the building , adding that she thought the Board has everything they need to make themselves really viable , and trusted by the Town , and further adding that she thought the Board would not be flattered at how many people have told her that she was only coming to hear , " well , some mistakes were made , but it is okay " . Chairman Aron noted that Mrs . Valenza had read from a statement , and asked if she could supply a copy , for the record , of that statement . Mrs . Valenza responded that she would try and provide that , it probably would not be tomorrow , but it might be the day ® after . Zoning Board of Appeals - 11 - November 15 , 1989 Chairman Aron asked if there were anyone else who wished to speak . Glen Harrington , of 100 Graham Road , Apt . 11A , Lansing , NY , spoke from the floor and stated that he is the framing contractor fore the building in question , adding that he also did the footer work on the building . Mr . Harrington stated that , as stated , he was asked to remove the pressure - treated footer and put in something that was more substantial , and last longer , which , of course , Mr . Jonson complied with . Mr . Harrington stated that when the building was inspected at the decking stage , it was exactly 12 ' wide , adding that at this point it could have been very easy , if there was a problem from Mr . Frost , as to the width of the building , they could have changed it ; it was not a problem . Mr . Harrington said that it could have even been changed when Mr . Frost had inspected the building , when the rafters were being set , and the mezzanine was also inspected , which could have also been changed . Mr . Harrington , referring to the 12 ' plus 4 " dimension , stated that corner boards are a decoration , and on this house they are up to i " on each side , so one is looking at 1 " on each side if the corner boards are removed . Mr . Harrington stated that he is a graduate Agriculture Engineer from Cornell University , so he felt he was able to speak on this . Mr . Harrington said that the type of siding used on the house to make the house structurally sound and sturdy was a 1 / 2 " opposing strand board which is similar to plywood , adding that if that was a problem at that point , they could have used • a led - in brace , which is cut into the wall , and the plywood would not have been necessary . Mr . Harrington stated that if things , as they had progressed , were thought to be such that these problems would have occurred , then things could have been changed , adding that no one had foreseen any problems with the building , with the decorations on it , being 2 " over on either side . Mr . Harrington stated that the 12 ' ruling being discussed tonight is really insignificant , adding that wood varies up to 1 / 2 " very easily . Mr . Harrington referred to the mezzanine , or loft , and stated that it is 5 ' high in the center , and 3 ' X6 " at the exterior walls , and further stated that there is not much room to stand up ; it is a storage area . Chairman Aron asked why Mr . Harrington built it . Mr . Harrington responded that he built it for a storage area because there is only one closet on the whole first level of the structure , which is used for a water heater . Attorney Barney wondered if the dormers were needed for a storage area . Mr . Harrington answered that they are not really dormers ; it is just that the roof , instead of being down , is just pitched out to get that 316 " for storage area against the side walls . Mr . Harrington stated that one could see the impracticality of having a house with no closets , so , for a small storage area , Mr . Jonson came up with this idea of raising the outside walls and just flattening out the roof a little bit . Continuing , Mr . Harrington stated that , as far as his conversation with Mr . Frost on August 2 , 1989 , there were no problems with it , as long as the area was kept under 33 % of the total first level of the building , adding that , in fact , it is 30 square feet smaller than that 330 . Mr . Harrington said that he sees no real problems with the mezzanine area , or the 12 ' wide limits to what is Zoning Board of Appeals - 12 - November 15 , 1989 being discussed tonight , adding that he thought the whole issue was a bit silly , but he built the house and thought it might be beneficial for him to speak his point . Board member Eva Hoffmann asked Mr . Harrington to repeat the dimensions of the loft area . Mr . Harrington answered that it was 5 ' in the center before it was finished , now it is less than 5 ' . Mr . Harrington said that at the exterior it is 316 " . Mr . Harrington stated that one can see this is an extremely small area ; it really is not a usable bedroom . Mr . Austen asked if there were extended first story walls , with Mr . Harrington answering , yes . Chairman Aron wondered if Mr . Harrington was instructed by Mr . Jonson to build those dormers . Mr . Harrington replied , yes ; it was actually his idea , with Chairman Aron stating that that does not matter ; you were instructed to build them , whether it was your idea or not . Mr . Harrington said , yes . Mr . Harrington said that the dormers were constructed twice , and Mr . Frost had been there the second time they were being put together , and showed him exactly what was going to occur up there , and that was satisfactory . Eva Hoffmann asked for dimensions of the dormers . Mr . Harrington said that there is a side window in the side wall , and the dormers are 312 " wide by 2 ' high , and the window is for ventilation purposes , basically , and there is a little small triangle window for who knows what . Ms . Hoffmann asked about the height from the main part of the roof to the top of the rafter . Mr . Harrington responded that from the floor to that rafter is 316 " ; from the roof to that rafter is less than that , but he did not know . Mr . Harrington stated that the width of the dormer is the same width as the rest of the house , which is 121 , and the width of the dormer from front to back is 10 ' wide on both sides ; it is a square 10 ' X12 ' . Attorney Barney asked if the dormers were behind the partition , as shown on Photograph # 8 . Mr . Harrington responded that , as one can see , " this " roof is a steeper angle than the roof that is up above . Attorney Barney asked if the dormers were used to enlarge the loft space , with Mr . Harrington answering , yes . Mr . Harrington noted that at the point where the stairwell is it is only about 6 ' wide . At this time , Mrs . Valenza showed the Board a picture which she stated showed how Mr . Jonson altered the land slope 1 - 1 / 2 ' across to drain on the neighboring building , which , as she had noted , is 27 " at some points . Mrs . Valenza showed another picture which she stated shows the extensive decking on the east and south , as well as on the west . Mrs . Valenza stated that she would like to have the pictures returned to her , with Chairman Aron stating that the Board would like to view them first . Attorney Sovocool referred to the September 5 , 1989 letter , ( Exhibit 3 ) , and said that in the letter , and in the original conditions , it indicated that the building shall be situated equally between the lot lines , and it also provided that the north side shall be no closer than four feet to the north lot line . Attorney Sovocool stated that the actual fact is that the building is not equally between the lot lines , but the building was moved over , so that the building would be an additional 6 " away from Mrs . Valenza , to give her another 6 " away from the building , because of her known concern about the building . Zoning Board of Appeals - 13 - November 15 , 1989 There appearing to be no one else from the public who wished to speak to this matter , Chairman Aron closed the Public Hearing at 8 : 42 p . m . and brought the matter back to the Board for discussion . At this point , Chairman Aron referred to the ZBA Minutes of April 12 , 1989 , ( Exhibit 7 , Page 7 ) , in which Mr . Austen asked if there is also a loft , with Ms . Jonson responding , no . Chairman Aron then referred to Ms . Hoffmann ' s comment on Page 7 , which states : " Ms . Hoffmann referred to the drawings that were presented the last time , there were also elevations on some of the north and south sides , which are not shown on the maps now . Also on the previous elevations , it looked like there were skylights in the roof and she asked Ms . Jonson if there are still skylights planned . Ms . Jonson said that she is sure there will be skylights to provide more light because they don ' t have the windows on the sides . " Chairman Aron then referred to Pages 17 and 18 of the ZBA Minutes of April 12 , 1989 , reading : " . . . RESOLVED , that the granting of this permission is subject to the following conditions : ( 1 ) that the exterior siding of the building meet code requirements for non - combustibility to the extent that the building is within 2 - 3 feet from the side yards ; ( 2 ) that the Building Inspector would have the power to determine whether any proposed use is in compliance with the square footage and distance and construction requirements ; ( 3 ) that the north side shall be no closer than 4 feet to the north lot line , ( 4 ) that the building shall be situated equally between lot lines , and the building shall not exceed 12 ' in width , ( 5 ) that the permit be applied for with proper plans within one year from this date ; ( 6 ) that the hardship is that the property becomes virtually valueless if building is precluded on the lot . " Chairman Aron stated that there are two different things before the Board tonight , one being the width of the building , and the second one being what he refers to , personally , as the addition , because , when it was discussed , it was discussed on the basis of plans presented to this Board . Chairman Aron stated that every member has looked at the plans which consist of a plain , 12 -pitch roof that says 15 ' in height , cathedral ceiling , a chimmney , and the width is 12 ' from outside to outside , adding that all of a sudden the Board is confronted with something that looks quite a bit different . Chairman Aron said that Mr . Jonson and his Attorney want the Board to modify the plans , however , he [ Chairman Aron ] felt very strongly that the matter before the Board is in violation of the Board ' s conditions set forth at the meeting held April 12 , 1989 . Chairman Aron stated that the building was not built on the premises as the ZBA had granted approval for . Ms . Hoffmann , referring to the April 12 , 1989 ZBA Minutes , noted that Chairman Aron stated the following : " Chairman Aron stated that since the building is going to be 15 feet high , is there going to be Zoning Board of Appeals - 14 - November 15 , 1989 that big an attic that there is a need for that big a window there or is there going to be a cathedral ceiling . Ms . Jonson replied that it is a cathedral ceiling . " Ms . Hoffmann stated that it is clear that Chairman Aron was asking if there was going to be storage space there . Ms . Hoffmann stated that if one looks at the plans the Board was given the last time , they have the drawing of the layout of the rooms , along with the two elevations to the east and west , adding that that is what the Board looked at when they made the decision . Ms . Hoffmann asked what the Appellant would call that plan . Attorney Sovocool responded that , as he understands it , when the Appellant first appeared before the Board there was no plan , at which time Board member King asked Mr . Jonson if he could submit a plan , which Mr . Jonson did . Attorney Sovocool stated that , as one views the plan , the windows are not exactly the same , and Mr . Frost can attest that the interior rooms are not exactly as they are on the plan , and as one can see the building is 4 " wider . Attorney Sovocool stated that there were no dormers submitted on the plan , adding that the above were all matters that were changed or added after the plan was submitted . Attorney Barney stated that the representation was made that there would not be any windows on either side ; there would not be a loft . Attorney Barney stated that there were representations made , and they were not specifically included as conditions , but the Board does not generally include as conditions statements that are made that it is going to be in a particular way . Attorney Barney asked , even though Mr . Frost may have given , implicitly , or even explicitly , some blessing , how can one handle the fact that the ZBA never had another look at the issue , and these representations were made to the Board . Attorney Sovocool responded that this is not an excuse , but Mr . Jonson was not here when some of the representations were made ; they were made by his wife with her understanding , adding that he thought that , at the time they were made , that was the intent of Mr . Jonson ; to build it within the footprint of the building . Attorney Sovocool stated that as the building progressed , Mr . Jonson found that other improvements could be made to the building , namely the loft area , etc . ; he was able to do that , and he consulted with Mr . Frost . Attorney Sovocool stated that Mr . Jonson ' s interpretation was that he would confer with Mr . Frost as the matter went along , and if there was any question Mr . Jonson assumed that Mr . Frost was in touch with the Board , therefore , as the building was going up Mr . Jonson was getting okays as he went along . Attorney Sovocool stated that he must admit that when Mr . Jonson first came in he did not think it was even Possible , through the height of the building and the floor , to really put anything up above it , adding that , as that idea evolved , Mr . Jonson thought that it would be alright because it was within the Building Code ; it is not another story which is defined in the Building Code . Attorney Barney stated that by doing that Mr . Jonson added another 115 square feet . Attorney Barney , referring to the Minutes of April 12 , 1989 , stated that there was a representation that the total square footage of the building was going to be roughly equivalent to the square footage of the building that was there originally , adding , there is now a building with square footage that is 20 % larger . Attorney Sovocool said that , as he read the Minutes of Y Zoning Board of Appeals - 15 - November 15 , 1989 April 12 , 1989 , he thought that the square footage ideas were left up to Mr . Frost to determine what was the Board ' s pleasure on square footage . Attorney Barney stated that the Board probably unwillingly granted the variance originally ; they did not want to compel the lot to remain vacant , although they probably could have . Attorney Barney noted that the Board wanted to minimize the visual impact of that as much as possible , and they wanted to do it in a way that would allow a structure to be there , but it would be the least obtrusive kind of structure that could possibly be erected there , so the Board limited it to one - story and a certain number of feet and height . Attorney Barney asked why all the other conditions that were also expressly stated , that the building would be this way , were not followed . Attorney Barney stated that a building in the City of New York is having 13 or 14 stories chopped off the top of it because there was a deviation from an accepted mechanism of building requirements . Attorney Barney said that he has some difficulty having people coming in and saying they are going to build it a certain way , then after securing the variance , and getting permission to build the building , they go outside and build it somewhat differently . Attorney Sovocool stated that he wanted to inform the Board that Mr . Jonson is not just going to do what he wants to do , adding that , in fact , he thought Mr . Frost would be the first to admit that he met with Mr . Jonson a number of times , and reviewed the matter . Attorney Sovocool stated that he felt if any mistake was made , it • was that Mr . Jonson felt that Mr . Frost had the power or authority to approve the building as it went up , adding that , if Mr . Frost did not have that authority , it is up to the Board to decide , but as far as Mr . Jonson was concerned he thought he was being very careful . Attorney Sovocool stated that Mr . Jonson certainly does not want to come before the Board with the idea that he is violating the conditions of the Board . Attorney Sovocool stated that , if the Board indicates Mr . Frost had difficulty in knowing at what point these things should be built or not be built , then one can see that Mr . Jonson had the same difficulty , in that he thought these would be alright and would have Board sanction and Board approval . Attorney Sovocool stated that whatever was said at the April 12 , 1989 ZBA meeting was the intention of the Jonsons at that time . At this point , Ms . Hoffmann stated that the Board has a floor plan before them , not a foundation plan , because it shows the rooms , adding that a foundation plan would show where the pilings would be put ; it would not show the layout of the rooms . Ms . Hoffmann stated that the floor plan represents what the building would look like above the foundation . Ms . Hoffmann stated that she assumed , as well as the Board , that the 12 ' distance was the distance above the foundation , adding that she thought any experienced builder would know the difference between the foundation and the floor plan . Ms . Hoffmann stated that she could not believe that there could be a misunderstanding about the width . Attorney Sovocool responded that in • Mr . Frost ' s September 5 , 1989 letter he had indicated that he was not sure whether the Board intended the building to be 12 ' wide , or the building to be measured from the outside siding and corner posts , or Zoning Board of Appeals - 16 - November 15 , 1989 whether the building was to be 12 ' wide , and then the ornamentation was to be applied to the outside of the building . Ms . Hoffmann stated that the fact was that the Board never saw anything , except for a sketch or a drawing of what the building was to be like above the foundation . Attorney Sovocool agreed with Ms . Hoffmann . Attorney Barney stated that the drawing showed the 14 ' dimension that was not found to be acceptable by the Board , and which is an exterior dimension , and is clearly shown as running through the exterior of the walls , and that was what was being shortened down to 121 . Attorney Sovocool stated that when the Building Permit was issued Mr . Frost gave Mr . Jonson a copy of the conditions , and they discussed the conditions . Attorney Sovocool stated that , as he understood it , both Mr . Frost and Mr . Jonson wanted a 12 ' wide building , at which time Mr . Jonson built what he thought was a 12 ' wide building . Attorney Sovocool stated that he also asked Mr . Jonson what the terminology was that was being used for the width of the building , etc . , adding that Mr . Jonson ' s analogy was , if one was 5 ' 10 " high , and puts on shoes , then the height would be 5111 " ; the shoes , and clothing , that are worn , are like the outside ornamentation of the building ; the building is a 12 ' wide building to which is applied siding and ornamentation . Attorney Sovocool stated that removing the corner posts would eliminate two inches , adding that the siding certainly could not be removed . Chairman Aron referred to Attorney Barney ' s statement about a building in New York City having to remove 13 - 14 floors . Edward Austen stated that the Board was very concerned about the visual impact of the building , and that is one of the reasons for the height limitation , adding that the shape of the roof was considered , and further adding that the Board never even suggested that the building could have a dormer to block the view from other areas ; that was part of the decision . Mr . Austen stated that the Board did go by the so - called sketch marked plan and elevations , and that was the document the Board considered when approval was eventually granted for the building . Atorney Sovocool said that Mr . Janson has no argument with Mr . Austen ' s statement ; his only thought was that if he had known these things , and it had been brought to his attention as the building progressed , they certainly would have been left off . Joan Reuning stated that her comment would be the same as Mr . Austen ' s comment , in that the conversation was very much on the impact on the neighborhood , and the roof line was considered . At this time there was a Motion by Edward Austen and seconded by Joan Reuning , with a unanimous vote thereon , to re -open the Public Hearing at 9 : 11 p . m . Mrs . Valenza addressed the Board and stated that she had written a letter to Mr . Frost which is dated August 2 , 1989 . ( Letter attached hereto as Exhibit 8 . ) Mrs . Valenza stated that when she had delivered the letter to Mr . Frost it was at the point where Mr . Jonson had only reached the roof point . Mrs . Valenza read aloud , for the record , the letter noted as Exhibit 8 . In response to Mrs . Valenza ' s letter Mr . Frost stated F" Zoning Board of Appeals - 17 - November 15 , 1989 that , as he had noted on the letter , he had visited the property on August 2 , 1989 at 12 : 30 p . m . , and observed no problems . Glen Harrington , contractor for Mr . Jonson , addressed the Board and referred to Mrs . Valenza ' s statement about the drawing of the floor plan . Mr . Harrington stated that that is a floor plan , adding that floor plans are drawn from rough frame wall to outside rough frame wall , and do not include siding or structure rigidity material . Ms . Hoffmann indicated that the plan notes natural stain cedar siding , and wondered if that was the outside layer , with Mr . Harrington responding that that would be shown in a detail , adding that when a drawing is drawn , such as this one , that is outside rough to outside rough . Ms . Hoffmann said that should have been so stated . Mr . Harrington agreed that there should be a detail . Chairman Aron stated that , as Ms . Hoffmann correctly said , the Board ' s decision was based on the drawings that were before them . There appearing to be no one else from the public who wished to speak to this matter , Chairman Aron closed the Public Hearing again at 9 ; 15 p . m . At this point , Chairman Aron asked for a motion whether the Board should deny or modify the way the building has been built , or whether or not the Board should insist that the contractor comply with rules and regulations set forth under the conditions set by the ZBA at the April 121 1989 meeting . Chairman Aron noted that the Minutes of that meeting were filed April 26 , 1989 . Mr . Frost stated , for the record , that he would dispute a variety of allegations made from inadequate foundations , etc . , through the project . Mr . Frost , referring to the comment he had noted on the August 2 , 1989 letter , ( Exhibit 8 ) , stated that at the August 2 , 1989 inspection the building was not even completely framed , so when he made the comment that no problems were observed , the house was only so far along on August 2 , 1989 , adding that the problems that are being identified now in terms of lofts , dormers , and the 1214 " building , were not what would have been the case on August 2 , 1989 when he made the notation . There appearing to be no further discussion or comments from the Board , Chairman Aron asked if anyone were prepared to offer a motion . MOTION by Edward Austen , seconded by Joan Reuning : RESOLVED , that , in the matter of the Appeal of Ivar and Janet Jonson , Appellants , requesting modification of the terms of Special Approval granted by the Town of Ithaca Zoning Board of Appeals on April 12 , 1989 , for the reconstruction of a single story , single family dwelling at 934B East Shore Drive , the Town of Ithaca Zoning Board of Appeals deny and hereby does deny a Certificate of Occupancy for said building , until it is brought into compliance with the plans that the Zoning Board of Appeals originally authorized the Building Inspector to issue a Building Permit for , and further Zoning Board of Appeals - 18 - November 15 , 1989 RESOLVED , that the issuance of any Certificate of Occupancy , upon compliance , is subject to the following conditions : 1 . that the dormers be eliminated ; 2 . that the stairway to the loft be eliminated so that they cannot be used ; 3e that the building shall be brought into compliance with respect to the 12 - foot dimension requirement , including the siding . At this point , Mr . Frost stated that he wanted to add a couple of things . Mr . Frost said that the loft is not habitable space , and when originally permitted it was intended for a storage area , and by Code , even as constructed at this point , it is not habitable space . Mr . Frost stated that his last inspection on that property was on August 30 , 1989 , and he has not done a final inspection ; he has not observed the non - combustible siding on that building , as he has not been called for that inspection , adding that , as depicted in one of Mrs . Valenza ' s photographs , it would be in compliance . Mr . Frost stated that he did not know whether or not the Board would need to discuss it , but in his mind , it is both in compliance with the Zoning Ordinance , as well as the Building Code for the following reason : Mrs . Valenza is stating a 27 " separation between the end of the Jonson eave to her eave , however , the Zoning Ordinance would allow projections up to two feet into any required yard . Mr . Frost stated that he would not have personally observed the extension of the eaves from the side of the building . Chairman Aron stated that it had been discussed on April 12 , 1989 , as well as tonight , that the Board is not talking about the extension ; the Board is talking about a building which should conform with what the Board wanted the building to look like , and that is according to the plans . Chairman Aron stated that the extension of the eaves , whether the Zoning Ordinance says it can be two feet or not , the Board , as one will notice , ignored that fact ; what the Board was mainly concerned with was : will it fit beautifully in that space without taking the liberties away from the neighbors on the left and on the right , adding that the Board was primarily concerned about that . Chairman Aron stated that , as it was stated earlier by Town Attorney Barney , the Board also had the chance , and the opportunity , if they so wanted , not to allow anything to be built on the lot . Chairman Aron said that this has no bearing on the issue . Mr . Frost stated that , in terms of the inspection that is still required for the non - combustible exterior facing and exterior walls also , according to Building Code , an extension can be as close as two feet , as long as the eaves as well are non - combustible . Mr . Frost stated that , perhaps , the Board may want to add something about that to the motion . Mr . Austen stated that he would amend his motion by adding a fourth condition , as follows : • 49 that the eaves would also have to meet the present Building Code . Zoning Board of Appeals - 19 - November 15 , 1989 Mrs . Reuning , as seconder , consented to the amendment of the motion . Attorney Barney stated that the plans showed the eaves extending somewhat wider . Mr . Austen stated that the eaves shown on the plan show about six inches . Attorney Barney stated that he did not think it was intended that the prior motion , or the prior limitation of the 12 ' includes the eaves , but does include the outside dimension of the walls of the building . Mr . Frost stated that the extension and the distance that Mrs . Valenza is concerned about , is , by Building Code , adequate , as long as it has non - combustible siding . Mr . Frost cited Section 716 . 6 of the New York State Uniform Fire Prevention and Building Code which pertains to Eaves , Cornices and Trim . Chairman Aron asked Mr . Jonson what the return is on the bottom of the eave . Mr . Jonson answered that it is about 9 inches . Attorney Barney stated that he would suggest , as Town Attorney , that the Board consider going into Executive Session for the purpose of discussing potential litigation . The Board then went into Executive Session for the purpose of discussion of potential litigation . Chairman Aron stated to those present that a decision would be made by the Board upon its return . The Board left the room at 9 : 25 p . m . , accompanied by Town Attorney John Barney , Building Inspector / Zoning Enforcement Officer Andrew Frost , and Recording Secretary Mary Bryant . A ten -minute discussion took place in Executive Session with respect to matters of potential litigation . At 9 : 35 p . m . , the Board , Town Attorney Barney , Building Inspector / Zoning Enforcement Officer Andrew Frost , and Recording Secretary Mary Bryant , returned to the Board room , and Chairman Aron stated that the meeting was in open session . Chairman Aron stated that , if there were no further discussion , he would ask for a vote on the motion , as amended . Mr . Austen stated that he wished to further amend his amended motion , by amending the conditions , as follows : 10 that the overall exterior dimension not exceed 1212 " ; 2 * that the corner trim be removed on all corners , which would bring the building to 12 ' 2 " in width , exclusive of the eaves ; 3o that the dormers be removed ; 40 that the loft be removed , including the staircase ; 5e that the final approval necessary for the issuance of any certificate of occupancy be subject to the Building Inspector ' s is determination that all applicable requirements of the Building Code have been met ; Zoning Board of Appeals - 20 - November 15 , 1989 ® and by adding the following findings : 1e that the Special Approval granted by the Board on April 12 , 1989 , permitted the issuance of a building permit based upon dimensions on the plans originally submitted to the Board by the Appellant as such were modified by the conditions of said grant of Special Approval , 2 * that representations were made by the Appellant , as follows : a . that there would be no loft ; b * that there would be no exterior windows on the sides of the building ; co that there would be a standard pitched roof ; d * that there would be a cathedral ceiling . Mrs . Reuning , as seconder , consented to the further amendment of the motion as set forth above . There being no further discussion , the Chair polled the Board . Edward Austen - Aye ® Eva Hoffmann _ Aye Joan Reuning Aye Henry Aron - Aye The amended MOTION as further amended was declared to be carried unanimously . Chairman Aron declared the matter of the Appeal of Ivar and Janet Jonson duly closed at 9 : 45 p . m . The RESOLUTION , as so duly adopted by the Board , follows : RESOLVED , that , in the matter of the Appeal of Ivar and Janet Jonson , Appellants , requesting modification of the terms of Special Approval granted by the Town of Ithaca Zoning Board of Appeals on April 12 , 1989 , for the reconstruction of a single story , single family dwelling at 934B East Shore Drive , the Town of Ithaca Zoning Board of Appeals deny and hereby does deny a Certificate of Occupancy for said building , until it is brought into compliance with the plans that the Zoning Board of Appeals originally authorized the Building Inspector to issue a Building Permit for , and further RESOLVED , that the issuance of any Certificate of Occupancy , upon compliance , is subject to the following conditions : 1 . that the overall exterior dimension not exceed 121211 ; 29 that the corner trim be removed on all corners , which would bring the building to 12 ' 2 " in width , exclusive of the eaves ; Zoning Board of Appeals - 21 - November 15 , 1989 ® 3o that the dormers be removed ; 4o that the loft be removed , including the staircase ; 5o that the final approval necessary for the issuance of any certificate of occupancy be subject to the Building Inspector ' s determination that all applicable requirements of the Building Code have been met ; and further RESOLVED , that the Zoning Board of Appeals make and hereby does make and the following findings : 1 * that the Special Approval granted by the Board on April 12 , 1989 , permitted the issuance of a building permit based upon dimensions on the plans originally submitted to the Board by the Appellant as such were modified by the conditions of said grant of Special Approval , 2o that representations were made by the Appellant , as follows : a . that there would be no loft ; b , that there would be no exterior windows on the sides of the building ; c , that there would be a standard pitched roof , d , that there would be a cathedral ceiling . ADJOURNMENT Chairman Aron declared the November 15 , 1989 , meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 45 p . m . Respectfully submitted , Mary Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Exhibits 1 - 8 attached . Copies of Photographs # 1 - 9 attached . Secretary ' s Note : As of the date of the completion of the transcribing of these Minutes , December 5 , 1989 , Mrs . Shirley Valenza had not provided opy of the statement from which she read at the meeting . Henry Aron , Chairman . i TM OF ImiwA FUR $40 . 00 126 East Seneca Street RECEIVED : Lk) L) 0 Ithaca , New York 14850 CASK ( 607 ) 273- 1747 CHECK ZONING : APPEAL For Office Use Only to the Building Inspector/ Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to l[.v % ti ee� ti t1c.,c. at -1 <_� -� `I. ' . ' >1" �, c cl�. t ,t , res , Town of Ithaca Tax Parcel No , . /, — l g S-� , 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 : 7, Article ( s ) n l t _ _ , Section ( s ) r✓ , 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 is Jo�c t as follow t (Additional sheets may be attached as necessary . ) t")�'tjtl 1 // 1 r 4 � T 06 4MW' 0 CIO gjpm 1 1 , ` I ` By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my applica4tion . Signature of Owner/Appellant : Date : / D * SigrAture of Appellant/Agent : Date : EXHIBIT 1 INFORMATION TO BE SHMONO i . . Dimensions of lot . 4 . Dimensions and location of proposed structure ( s) or 2 . Distance of structures from: or addition( s ) . a . Road, 5 . Nanes of neighbors who bound lot . b . Both side lot lines, 6 . Setback of neighbors . c . Rear of lot . 7 . Street nems and number . 3 . North arrow . 8 . Show existing structures In contrasting lines . r • Signature of Owner/Appellant : Date . Signature of Appellant / Agent : Date : EXHIBIT 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In the matter of the Appeal of Ivar and Janet Jonson seeking a Certificate of Occupancy from the Town of Ithaca IVAR JONSON, being duly sworn states as follows : 1 . On or about April 12 , 1989 , the Zoning Board of Appeals held a public hearing on the request of Ivar and Janet Jonson to reconstruct a building at 934 - B East Shore Drive , Town of Ithaca , New York as a nonconforming use . The said Board of Zoning Appeals granted me permission to rebuild upon special conditions . ( See Exhibit A attached hereto setting forth the permission and conditions ) . 2 . On May 15 , 1989 , a Building Permit was issued to me being permit # 3829 by the Town of Ithaca . 3 . Soon thereafter , construction was commenced on the said building . I originally put in wooden posts to support the dwelling . On inspection by the Building Inspector of the Town of Ithaca , hereinafter referred to as "Building Inspector " , he requested that I put in concrete pilings instead . I complied with said request . ( See photograph dated July 24 , 1989 marked # 1 attached hereto ) . 4 . I thereupon constructed the base of the said building shown in photograph dated July 31 , 1989 marked #2 attached hereto . The said foundation as shown in this photo was measured by me and the Building Inspector on July 26 , 1989 and is exactly 12 feet wide . The deck on the west side is 9 feet by 10 feet and was measured by the Building Inspector to be sure it was all right . 5 . I continued framing the building in the same width of 12 feet . This is a standard method of building . Any siding applied to the framing and base would then cover the framing and base which would extend the width of the building. by 1 - 2 inches on each side , depending on the type of covering . There are corner boards on four corners which add 1 inch on each side . They could be removed as they are only a " trim " but add to the appearance of the building . 60 . The building , including siding is 12 feet 4 inches wide and 40 feet long . The mezzanine is 10 feet by 11 feet . The building is 15 feet high . The deck is 9 feet by 10 feet . E)UiIBIT 2 7 . I believed that the building as it was being constructed complied with the Zoning Board of ® Appeals mandate and the question of the interpretation was not brought to my attention until the building was finished . The Building Inspector did not question the width of the building after he took his measurements . Be I had prepared and submitted to the Board of Zoning Appeals plans for the building . As I worked with these plans , I made some slight modifications and decided to include a small mezzanine . A mezzanine as defined in the New York State Building Code as an intermediate floor between the floor and ceiling of any space that is completely open or provides adequate visibility . The Building Code further states that a mezzanine with a floor area of less than 1 / 3 of the floor area immediately below " shall not be determined to be a story " . The mezzanine as constructed is 110 square feet in area . ( See photograph dated August 7 , 1989 marked # 3 where the mezzanine and dormers have been framed in ) . I was not sure that there would be height enough to include a mezzanine . As detailed drawings were developed , I decided to include a small area reached by a stairway . ( See photo number 8 attached hereto ) . 9 . The Building Inspector specified that the building not exceed 15 feet in height after the building was framed to insure that the height requirements were' met . The Building Inspector , my workmen and I measured the height 'of the building to be sure it was not over 15 feet high . The Building Inspector also inspected on August 2 , 1989 the mezzanine and dormers as they were being constructed . He also measured the outside of the building as it was being framed . 10 . The Building Inspector made numerous inspections of the building to be sure it complied in all respects with the Board of Zoning Appeals special conditions , including an inspection on August 30 , 1989 . ( See letter of September 5 , 1989 attached hereto in which the Building Inspector voices some concerns regarding the width of the building but does not raise any question about the dormers or mezzanine . He also questions his instructions from the Board regarding the width of the building by stating , " I am not sure whether the Zoning Board of Appealsintended the 12 ' maximum width at the foundation walls or at the outside finished exterior walls EXHIBIT 2 I1 . The special conditions specifically state that the Building Inspector would have the power to determine whether any proposed use is in compliance with the square footage and distance and construction requirements . I complied in all respects with the Building Inspector ' s suggestions as the building was being erected . The Building Inspector made numerous measurements and inspections throughout the building period . I was not at the hearing on April 12 , 1989 , but had received a - copy of the variance and conditions . I have worked with the Building Inspector on other buildings , and we both wanted to be sure that all conditions were met . The Building Inspector was very careful and conscientious . The Building Inspector was given only limited instructions and full authority to determine square footages , all distance requirements and construction requirements . I feel that he was very careful and did a thorough job resulting in a good , safe addition to the neighborhood . 12 . I was relying upon the Building Inspector ' s approvals to be sure that the building met with all requirements and believed that the Building Inspector had the power and authority to grant all approvals . 13 . Attached hereto are photographs showing the exterior of the building as completed , the deck area as completed , and the mezzanine area . A . Photograph dated November 14 , 1989 showing the west end of the building marked # 4 . Be Photograph dated November 14 , 1989 showing the view of the east end of house and adjoining properties marked # 5 . Co Photograph dated November 14 , 1989 showing deck on west end of house marked # 6 . D . Photograph dated November 14 , 1989 showing deck and beach front of adjoining houses marked # 7 . E . Photograph dated November 14 , 1989 showing interior area and stairs leading to mezzanine marked # 8 . 14 . The mezzanine area has only limited height and size and is reached by a steep stairway . It adds to the appeal of the building , but does not detract from the appearance or change the use of the building . The prior building had storage space above the • ground floor . 15 . The building is sided in exterior non - combustible siding as approved by the Building Inspector . EXHIBIT 2 f' � fes_ Sworn to before . mthis 15 h da of November , 1989 . �'� kd I+1 ') r 't, +' ir'<_4 IVR JONSON „ TT R. TOWN OF ITHACA 126 EAST SENEGA STREET ® ITHACA, NEW YORK 14WO September 5 , 1989 Mr . Ivar Jonson 934 East Shore Drive Ithaca , New York 14850 RE : New Home At 934B East Shore Drive Town of Ithaca Tax Parcel No . 6-18-5-9 Dear Mr . Jonson : This letter serves as a follow-up to our recent conversations in regard to the construction of your single- family residence at 934B East Shore Drive . The home is being constructed to replace a single- family home . which was demolished . Approval for the reconstructicn .was . granted by the Town of Ithaca Zoning Board of Appeals on April 12 , 1989 with several conditions . Those • conditions include the following : 1 . That the building shall be situated equally between lot lines . . . 2 . That the building shall not exceed 12 feet in width . 3 . That the north side shall be no closer than 4 feet to the north lot line . 4 . That the Building Inspector would have the power to determine whether any proposed use is in compliance with the square footage , distance , and construction requirements . Although I do not have an as-built survey map in hand at this time , my recent inspections reveal the following : 1 . The building is not equally situated between lot lines and is at points approximately 4 feet 6 inches frau the north side yard lot line and 3 feet 6 inches from the south sideyard lot line . 2 . The building is approximately 12 feet . 4 inches as measured from outside wall ( at the exterior ) to outside wall . I am not taking issue with the location of the building on the lot since the North side lot line setback was most critical in the Zcm ing Board of • Appeals approvals . Although the exterior non-combustible siding was not in =IIBIT 3 Mr . Ivar Janson September 5 , 1989 Page Two Place at the time of my August 30 , 1989 inspection, you are proposing to use it , and the . use of such non-combustible siding on a building within 3 feet �?� sem, ar.^e of a lot line is permitted by the New York State Fire Uniform Prevention and Building Code . What is at issue is the fact that your building exceeds the 12 foot maximum width requirement . During our discussion , you stated you had a survey dame which indicates the building ' s foundation is 12 feet wide . I am not sure whether the Zoning Board of Appeals intended the 12 foot maximum width to mean at the foundation walls or at the outside finished exterior walls , therefore , I will not issue you a Town of Ithaca Certificate of Occupancy until you reappear before the Zoning Board of . Appeals for either an approval of the as-built structure , or obtain a 411 ± variance . I am enclosing an application for your appearance . before the Zoning Board of Appeals and -anticipate an October 11 , 1989 hearing date . Please submit your application as soon as possible . Should you have any questions , please feel free to call me at 273-1747 . Sincerely , Andrew Frost Building Inspector / Zcning Enforcement Officer AF/dlw Enclosure cc : Noel Desch Henry Aron John Barney Certified Mail RETURN RECEIPT REQUESTED EXHIBIT 3 TOWN or rrHACA► 126 EAST $Rd= SIMI ® MUWA NEIN YORK 14850 October 27 , 1989 Hr . & Mrs . Ivar Jonson 934 East Shore Drive --- --- Ithaca , -- --Ithaca , NY 14850 Re : New Home at ' 934B East Shore Drive Town of Ithaca Tax Parcel No . 6 - 18 - 5 - 9 Dear Mr . Jonson : This letter serves as a follow up to my September 5 , 1989 , letter to you in regard to the single family home you have constructed at 934B East Shore Drive , Town of Ithaca Tax Parcel No . 6 - 18 - 5 - 9 . A " Special Approval " was granted by the Town of Ithaca Zoning Board of Appeals , with conditions , on April 12 , 1989 , for the construction of your single family residence . The approval was considered and ultimately granted by the Board based upon information you provided them which included paper documents and verbal testimony during your hearing ( also held on April 12 ) . ® As noted in my September 5 letter , a condition of your " Special Approval " was , " that the building shall not exceed 12 feet in width " ; however , your building is approximately 12 feet , 4 ± inches as measured from the outside exterior walls . This width violates the Zoning Board approval . In addition , the elevation plans that were submitted and reviewed by the Board at your hearing show a roof line without any projections such as " dormers " ; however , your constructed building contains a dormer on the north . side , as well as the . south side of the roof . These dormers serve a loft area in the building = although , on Page 7 of the minutes from your April 12 hearing , it states , " Hr . Austen asked if there is also a loft . Hs . Jonson responded no . " In conclusion , your constructed building not only violates the " 12 ' wide " condition , but it also appears that the as - built structure does not conform with the information provided to the Board for which such information was an integral part of the Board ' s approval . • EXHIBIT 4 page 2 Finally , my September 5 letter to you asks that you make an application to appear before the Zoning Board of Appeals in order for you to seek modifications to your approval from April 12 , since without such modifications a Town of Ithaca Certificate of f Occupancy cannot be issued for the occupancy of the building . I had anticipated the hearing to be held on October 11 , 1989 , however , you never submitted the application ( which was sent to i you ) . I I am asking that you make an application and submit it to this j office no later than November 3 , 1989 , otherwise I will have to refer this matter to the town attorney for further action . Your only other alternative is to modify the construction of the building which I do not believe you wish to do . Should you have any questions , please feel free to call me . Sincerely , Andrew Frost i Building Inspector / Zoning Enforcement officer AF : se 4 • XC : Noel Desch , Town Supervisor Henry Aron , Chairman , Zoning Board of Appeals t John Barney , Town Attorney i t a i i I EXHIBIsT 4 Gu "4 NN • � � �9 'rQ W%.e -7� - Q T llC� �aw job �."� 0"✓ ' 400c P4^'*..Q r F� EiLwl.�. / ,046L AM�4 &1 L& G» a.,na�. 4L4A� akw _ v4 9 � N.� k...\.�1� �'JL.C� .(K..- �iN•we,M/IA�,�-.�,,.� uA�.✓ W L....� •{� �,......,c r,Sl.ti,.. .�.. - �.. -c. 'ti Q.,M'[.,� ,,;, a ,..lr X111.. �.h .✓ d 416o.:,r .li ly.{ ' i w - inn-since ,L tip, a. a„-.L_ a 40 o M CdAtao0tvi �Df 4*%� .� 1. f �C. A a, ,�,, ar . Vii ;� fl,� � ,G,, �— Jo EXHIBIT 5 4 D 7�hB J �v '�-�^'�- C -�( G j� �,o✓�.�-oC. �o �t�.. ri�a�.,� .� ��t,,.L � aCa nal— i 4 , I ' ( i 4 t i I iI ( i ii EXHIBIT 5 vt� J `no Lonce (� n ��j .�.ilde �S ► nC \ �div� 5vo„r cA \f eel erect c� b \ oy�\ EcX.IS -k- S� or,G .,e C. 1� � T� 5 , o.0 -�. O� �'� C(1 O'✓he.. .�- , W Q� � h �� t �'v� e � O be l2 �ee � Scc�o .,c\l � � L Id k r\.5 • fin order ko qrov � de s -- oroc3e a� ann . 1-�S 0f1 S,ns a g �o � d2o� l tw, e c� a � �.� o ,re � CeAr- rco wo.� LAI) .i c� J-,evY\ e-V.4 of b J Jk Me e c)-oc-- +1,� rota h EXHIBIT B • 9, v 5�C1�V1 . O RC1 33 /0 - P1cav%, s Was cA 0.Cce +ab\i' ) OL � � bu ; � C� i � w : well cf \0U,\ Ic� \VN< ( y " ) boa�r � ( s ; 8kY, ) � or <', P - '' 2 %z �� 5 ► CIA \ � � o 'er c� ec of •c :-tion No �l �woo r V4005 �� -� �I v �g1Q-+Con �O ec � pec-� o� S etn�'a f'c.. e ca. iA C� (� v�.i re vv� -t-5 aV\ CN -}� U + �� 1 1 �S liar W how,,, C) CC ur r ed , U FMIIBIT 6 ��h v (' n �, J FILED TOWN OF� ITHACA Date 'z/=- =f • Clark 7Z79 1 TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 12 , 1989 PRESENT : Chairman Henry Aron , Edward Austen , Edward King , Eva Hoffmann , Joan Reuning , Town Attorney John Barney , Building Inspector Andrew Frost . ALSO PRESENT : John Sherman , Richard • Lane , Arlene Rivera , Janet Jonson , David Axenfeld . , Vincent Mulcahy , Gerald Raul Mrs . Bowlsby . ' Chairman Aron called the meeting to order at 7 : 00 p . m . and stated that all posting , publication an8 notification of the public hearings had been completed . and that proper affidavits of same were in order . The first Appeal was the following : ADJOURNED APPEAL ( FROM NOVEMBER - 30 .; 1988 ) OF IVAR AND JANET JONSON , APPELLANTS , . . - REQUESTING THE AUTHORIZATION OF THE ZONING BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE RECONSTRUCTION OF A SINGLE. STORY , SINGLE FAMILY - DWELLING AT 934B EAST SHORE DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 18 - 5 - 9 , RESIDENCE DISTRICT R- 15 . SAID PARCEL • OF LAND IS NON-CONFORMING IN SIZE AND THE DWELLING PROPOSED FOR RECONSTRUCTION WAS NON- CONFORMING IN YARD . SETBACKS , - - HOWEVER , SAID DWELLING IS PROPOSED TO BE LOCATED ' WITHIN THE SAME FOOTPRINT OF SAID PREVIOUSLY EXISTING NON-CONFORMING SINGLE STORY , SINGLE FAMILY DWELLING . SHOULD IT BE THE CASE THAT THE PREVIOUSLY EXISTING LEGAL NON-CONFORMING DWELLING HAS BEEN ABANDONED AS A USE IN THE TOWN OF ITHACA FOR MORE THAN ONE YEAR , THE APPELLANT HAS ENTERED A REQUEST FOR VARIANCE FROM THE REQUIREMENTS OF ARTICLE XII , SECTION 531 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron referred to. the minutes of the Zoning Board of Appeals meeting of November 30 , 1988 ( attached hereto � as Exhibit # 1 ) . Attorney Jack Sherman , Attorney for Ms . Janet Jonson , addressed the Board . He stated that as he understands,; the Board requested an adjournment at the November 30 , 1988 meeting for further information relative to this appeal , that basically the request was for floor plans , elevation plans , and a survey which would show where the building was to be located within the lot , as well as some information relative to a question as to the • existence of the City law and the provisions relative to the Ithaca City code that may have had some effect on this at the time of the demolition of the original building on the lot . He EXHIBIT 7 z ZBA 4 -'12 - 89 2 presented . . copies .the material requested to : the Board . He apologized .. for not getting the information to the Board until today . but 'he was . not. . fully aware . that he . . was - in charge of this case . until , a few '. days ago . , . . . ; Chairman Aron stated that' , the Board ., is ' not in -the habit of receiving :information eat ' - the last _ minute because the Board will have to study . some .. , .of : the . . material• before they can . . make a decision, . and. . it is , very . unfair to the Board to - make a decision upon things which are . handed out at . the moment the meeting starts without giving them the opportunity to look into and study the materials,: _. .., He. stated .. that . if the Board feels - that it is not fully informed as to all this , - there !, could be the possibility of another adjournment . Atty . Sherman stated that he . understands that . He stated , for clarification , that he understands that the Zoning Officer may have been , provided with most. of _ these materials sometime ago by Ms . Jonson directly , before he became If in the case , other than the point . of law . fr' om the City code , which he provided to the Board . Mr . Frost concurred that of the : materials that Atty . Sherman has presented , to .theIBoard , only the point of law from the City code is new . .. . . : Chairman Aron asked Atty . Sherman to continue . Atty . Sherman stated that the - previous difficulty , as he understands it,' is that . the' Jo ' i Ins originally proposed an addition to their existing, building . on the . I lot .to the south and that was finally rejected at the June meeting , with the proviso that the Board might look favorably upon . - a one-story , one- family , separate dwelling .to be put . on . the same lot and essentially in the same location. That is what the . . Jonsons have attempted to do . He referred to ' the drawings before ' . the Board and. the copy of the existing survey of 1985 of the building that previously existed there so the . :Board . could ; compare .. the two . He . said they are not precisely the same . shape , In many respects - . the new .. building . . . , regularizes the line , particularly along the north line where there was , a jutting out , particularly on the northeast corner . Atty . Sherman pointed out to the . Board on .the drawings and the survey the areas that he was speaking of , Atty . Sherman said that basically there was a deletion on the west side of the property to a minor degree to align the property with the west Line of the property to . .the north ; there was a deletion of the northeast side of the :. part that jutted into the northeast corner virtually to the property line on the north side , and again , all of these lines were . , regularized to basically make a line that is 3 feet parallel to the northerly boundary line of the lot as presently exists and. has existed for many years . EXHIBIT 7 ZBA 4 - 12 - 89 - 3 Atty . Sherman referred tothe elevation maps that the Board had requested and did not receive at the prior meetings „ showing' the single story 15 foot' height of the building and the width of the previously existing building on the lot as being essentially 14 feet . He stated that there was no detailed study . of - the ..: prior building so - that they could make a precise determination - of the square footage on that building . He said he - did the best he could from Mr . - SchliederIs survey map , and used his scale of one inch to ten feet , and his best determination ' about - the, prior square ' - footage was . approximately ' 560 '- ' square - : feet , and - ; '66n the detailed plans that the Board had before them relative to * the new building is estimated at 536 square feet so the square footage is j slightly less than the .old building -- although the configuration is somewhat different ; it is . slightly wider and slightly f shorter , to summarize at this point -. Chairman Aron asked Atty , Sherman if he is saying that he means that they are not exceeding . the footprint that has been in existence . Atty . Sherman stated , for many years , exactly . He further stated that in regard to . the question that was raised relevant to the City code , he did do some research and talked to some people • in the City Building Department , and he was directed to Section 30 . 51 , which talks about damage to a non-conforming building which is still within a conforming use , which he believes - is the situation we have here ; a residential - R- 15 use , although the building - and the lot were,,�-non-conforming-. Under the City ' - codei which was essentially the law that controlled the property at the time of the -damage , they provided that it could be rebuilt or -- - reconstructed in whole or . in part when damaged by fire - or -other causes, provided essentially that the use not be extended , that the use not be changed , that the floor area not be changed , nor the occupancy or ' the exterior dimensions . He believes they have -attempted to --comply-with that . Chairman Aron ' asked in reference to the occupancy , what was the - :occupah6y at the time: prior to` dthe fire : Atty. Sherman stated that he ' believes that the time 'prior to the fire it was rented out , to one family , That use has not increased , it ' will not be increased . , 4 The dimensions of the building , of overall square footage , are not being increased , and basically they are trying to conform with both the intent -of the Town Code and the old City Code , as it existed . He stated that he thinks the City Code was a little more expansive in the sense that there was no time limitation on doing this . Chairman Aron stated that the Board is not dealing with the City Code , that what they are dealing with are the Town Codes . The only thing that is relevant is Section 30 . 51 , although it has no bearing as to the Town Codes , EXHIBIT 7 ZBA 4 - 12 - 89 4 Atty . Sherman responded , that it is relevant as a matter- of equity . . That under the laws that . existed at. . the time that , she took the building down , if the - lot had not .been annexed toy the Town , she would have been . able to have taken her time and built. this basically at her convenience . The annexation put Ms . ;Jonson in a position where she had to deal with a different agency and there was some . question as . , to whether she had. . waited too.: long ; she waited more than a year to begin this proceeding or to . start the building . Thus , just as a . matter .of equity , they wanted to, ;at least refer .to the old law as to what she would . have been allowed to have done under the City if *there had been no .annexation . . Atty . Sherman stated - that he - realizes that has no binding effect since it is now a matter for the Town to deal with . Chairman Aron referred to Local Law # 3, of • 1988 , Section 56 , ( Restoration ) , and asked Atty . Sherman ifA"Vas aware of that law . Atty . Sherman ;. esponded %iiat. he had . it in front of him . Chairman Aron read the following from the Local Law . " Nothing herein shall prevent the continued use and substantial restoration of a . building damaged by fire , flood , earthquake , act of God , . act ofe the public enemy or catastrophe . beyond the control . of the . Owner provided such restoration is completed within one year of the loss of the building and provided . that the use -. of. - the - building in the manner in which it was used prior .to the loss is recommenced within one year . The time 'limit may be extended by the Board of Appeals in cases ; of • practical difficulty or unnecessary hardship . " Atty . Sherman stated . that he was : .. not aware of the one year provision . Mr . Austen asked , to refresh his memory , if there was a fire in this place . Atty . . Sherman responded - that - : yes , there was . He said that as he understands , it , . there was a small fire whereupon . the City inspector came by . at . Ms . Jonson :' s request ,:: and in looking over the - whole situation , _.:, the . .. deterioration and the damage caused by the fire as well , recommended - that the building be destroyed . That is what .-generated the whole process of the demolition ; whereupon Ms . Jonson obtained the demolition permit which he believes was:, in . March � of last year . . :- She had first obtained an improvement : permit to try to . improve the premises but when the inspector came . out , they determined that .it would not . be feasible to improve the premises , that it would be far better .- to destroy the premises at that point and start over . : Chairman Aron - opened the . public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Ms . Reuning stated that she had a call from Betsy Darlington , who was at the last meeting on this matter , and she EXHIBIT 7 ZBA 4 - 12 - 89 ® . 5 asked Ms . Reuning to ' announce . that she and . - Shirley Valenza won ' t be- able to • be at . "this meeting but they would like to state for the record that their biggest concern is the fire hazards and she wished = to present that' - to the Board as a part of the public hearing for them * .. . :: , King' made'•" reference to - the minutes of the November 30 , 1988 ,= meeting, • page 4 , the first . full • paragraph of that page . He stated that it is his -. recollection ;. that what he asked " for was a - memozandum : of law on the question of what happens when the parcel of. land is transferred from one , municipality to another and Mr . Sovocool - had'.. responded that : he had some law on that subject and Mr . King was concerned with* that , - as well as the effect of the Town ' s Section 56 , which - says that if the building is damaged by fire ,. � flood , earthquake ,. and the damage constitutes an amount Tess that . 75 % of replacement - costs . As the Chairman has pointed out , . . the damage must have occurred beyond the control of the owner , and in this case the . owner - took it down and we have nothing on the replacement costs but obviously 100 % restructuring isbeyondthe . 75 $ . . . Atty . Sherman " said he does not think that is in dispute at all . The question is about the mixed judgment as to the partial damage by the fire and the recommendation by the person from the •. Building Department - of the City at the -time to just start over . Mr . King stated that the whole philosophy of this ordinance is . .. that you allow a non-conforming, use to continue until such time as it deteriorates , and you phase it out:: He said that the whole idea of the - gralidfathering was that they get some use out of it and . do not haveA give up a use -that was proper at the time the ordinance was adopted . Atty.- Sherman stated that he understands that- and he thinks that- . is why. ..they. keep going back to the question of what .. the : City would . have done when they had control of it . Ms . Jonson tore the building down under the assumption that she would be able to do it -and• . now because .. of the change of the game , . ° finding out she Rr : King ,, - said . that he would think that - maybe the- Town Is bound if the City .gave her a permit to rebuild . Atty . Sherman . said : . she didn ' t seek " the permit to rebuild the entire thing because :Nshe knew At was . being transferred to Town jurisdiction and she would have to apply to the Town to get this This . all -started happening about the same time ; right . after _ the demolition , he believes this was in March of 1987 . That is when the talk - became very serious about the annexation - to the Town which was finally accomplished , he believes , in July 1987 . Mr . 4 King responded that was the filing date ; he believes that the Town Board adopted it in April 1987 . Atty . Sherman said EXHIBIT 7 BA - 12 - 89 ® 6 - that it all happened about that time . She had already demolished . and now suddenly . - had to apply to the Town, and didn ' t apply to the City . . . feeling that it . : would . be purposeless at that,., time . He stated • that . she was 'basically. caught between . a rock and a hard place : . at . that point . She was led into . thinking . that would be alright under the existing law and then being caught in limbo , . . essentially not knowing where to go with her application at that . point , until the formal :_ .annexation & was over with . Atty . Sherman stated that ' whatever the law might : be in terms of what the Town . might be' compelled to do , he is : just . arguing the equity of it at this, point . It does seem fair • . that tshe . be. allowed to do what the - . . City would have allowed her to do , as . -long as there is not some real safety problem. with it . - This - building does not impinge more upon the neighboring properties than the .prior building does , as the Board can see by the plans . Mr . King remarked that he is not quite sure of that point either because this map shows a . 15 foot . elevation and the pictures that the Board was shown at a hearing a long time ago when this first came up , showed that ` this had been an old boathouse , and as he recalls it was a fairly flat roof structure . Ms . Jonsonresponded - . that at the . time of tearing the building down , it' had , a pitch' to the .roof . She said she can ' t tell the Board exactly what it was , it was kind of caving in because - of all the years , but -it was not a flat roof . Mr . King . .said - . .that . the . -question . . As . ..was . it a 15. foot . elevation to . the peak of the ,, .roof as . _is shown on the drawings in front of the Board* . .. Ms . .Jonson .., responded that she would think it would be . Chairman Aron asked Ms . Jonson if she is going to live in the building if the permit is granted to build . Ms . Jonson replied that she thinks . at one . time in her life she probably. will . The house that she lives in now , she will turn over to her children and have a smaller home . R Chairman Aron . . asked . if until . that :. time in her life . . comes , will the house be occupied by others Ms.. Jonson responded that in the summertime she hopes to have : her children there . and during the winter months , maybe college students for the season . Chairman Aron asked , - for clarification , if. what Ms . Jonson is saying is that if a permit should be granted to her , she will rent it to others in accordance to the zoning laws provided in the Town of Ithaca . Ms . Jonson replied yes , that is right . . Chairman Aron stated that then when the time comes , she will move into this house and her children will have the larger house . Ms . • onson responded that that is what she planned to do when she *)ught this property . EXHIBIT 7 2BA 4 - 12 - 89 ® 7 Chairman Aron asked Ms . Jonson what she would have done if that house , that - building or boathouse or whatever it is . called , would not have been burned down ; would she have remodeled it or - renovated it . Ms . Jonson replied that- within that year -they had bought that property , and - rented lit ; it was rented- by 'one man at the time of the little fire.. . Town Atty . Barney, referred to the floor � ;7plan and remarked that it shows . no windows on either side of the : building.,, -' ;and that it is going to be wood structured . Ms . Jonson- replied : that is right . Town Atty . Barney stated that he4 � thinks with the - dimension to the side yard on - each- • side , if the variance were granted , according to the Building Code , -it - has to be - non- combustible construction which means that cedar siding would not be acceptable under the construction code. It would have to be steel beamed , non-combustible exterior . Mr . Frost stated that the current Code would require that the building - be 4 feet from the next - building -if it has non- combustible exterior facing to the interior . of . a property - line . It could be 3 feet to the interior of the property line if an exterior facing such as aluminum - siding were used , which would be non-combustible exterior facing . - % Mr . Frost said that the Code • says combustible . walls with non-combustible exterior facings . . Chairman Aron asked Ms : Jonson if she - understood that . Ms . Jonson replied . that she did . Chairman Aron stated : that` since the building is going - to be 15 feet high , is there going toh be .that big - an attic that . there is a need for that big a window there or is there going to be a cathedral ceiling . Ms . Jonson replied that it is a cathedral ceiling . : . Mr . Austen asked - if there '-is also a loft . Ms : Johnson responded no . Ms . Hoffmann referred to the drawings that were presented the last time , there were . , also .' elevations on some of the north and south sides , which- are note . shown :ft-* on the - maps now . Also :on the previous elevations , - -- it ' looked like there were skylights in the roof and she asked Ms . Jonson if there are .. still skylights planned . Ms . Jonson said that she is sure there will be skylights to provide more light because they don ' t have the windows on the sides . Ms'. Hoffmann also mentioned that on the old drawings , there was an indication that there was ' a deck of about 10 ' x 101 , but • on the new plans there is no indicationof a deck . Ms . Jonson replied that she is sure they will put something off there on the west side as there was on the old plans . EXHIBIT 7 ZBA 4 - 12 - 89 ® 8 Ms . Hoffmann asked how large the deck will be . Ms . Jonson replied that it will be the same , that it was just a . 5 ' x 5 ' . Ms . .,.. Hoffmann said that in the old . plans ;..` it looks like it is square , which would mean that it is 10 ' : x 10 ' Ns Jonson referred to the patio doors on the west elevation and' said that is where a deck will be . Ms . . Hoffmann said . that it is hard to determine how large it will be when , there -' Is nothing on ; the plans . Ms . Jonson said they will try to do the same size . Ms . Hoffmann said that the reason she is asking is because she would like to know how close it will be to the shoreline . Ms . Jonson • replied that the one that was there was right to' the : `edge of the shoreline . Ms . Hoffmann asked Ms . Jonson if at this time she could be more specific about the size of the deck . Ms . Jonson , said no , she could not . tell the Board what that deck size.. will.' be right now . Atty . Sherman stated that approximating from the map and the . scale that is provided , it looks. . to be a 10 ' x 10 ' . . . Ms . Hoffmann said that the new house is . 14 feet wide , . that is what makes her curious as to how big the new deck will be . Ms . Jonson assured Ms . Hoffmann that the new deck will not be larger than a 10 ' x 10 ' . Ms . Hoffmann referred to the interior drawings of the plans for the house and she questioned the absence of a sink in the bathroom . Ms . Jonson replied that her husband is a builder and they know they have to have a sink . Ms . Hoffmann remarked that it makes her a little worried if there is anything else missing in regard to what .the Board is seeing . on the plans : She asked if there is going to be anything else there that .. the Board doesn ' t know about . Ms . Jonson responded that Mr . Frost will inspect it and if everything is not right she is sure he . will let them know . Atty . Sherman asked Ms . Jonson if other . than a potential . deck toward , the lake , approximately 10 ' x 10 ' , is there any other exterior addition that is planned . . Ms . Jonson replied : no . Mr . Austen stated that he is still very concerned about building on a lot that is . a maximum of 21 1% 2 : feet wide . Ms . Jonson responded that that is the way the houses are there . Mr. Austen said . that the distance between-. ,.;the. houses is much less than it should be . - .:. Chairman Aron stated that he : has had hand . delivered- to him pictures of 934B with a note on the back that read as follows : " Have you been trying to visualize the space remaining after the construction of the footprint building in our East Shore Drive neighborhood? Turn the page for a photo of the original building , in proximity to its neighbors . " ( Attached as : Exh-ibit # 2 . ) Chairman Aron referred .to a copy of a fire report dated . 11 -? 11 - 85 , and read hand written letters that were hand delivered to EXHIBIT 7 ZBA 4 - 12 - 89 ® 9 him" . . from Om . '0 . Gupta ( dated Nov . 30 , . 1988 ) , Donald Weir, a statement . .. . from ' Betsy - Darlington ( dated Nov . 30 , 1988 and April 12; ,. .. 1989 ) `; Doreen . S . Schriner , and Shirley Valenza . ( Attached ' heteto" as Exhibits` # 3 ,' # 4 , , # 5 , # 6 , # 7 , and # 8 ) . .; , . -diairman . Aron asked - Ms . Jonson and Atty . Sherman if they:* ; wiShei d ' :- to. respond to the letters that % he has read into the' fel record Ms; Jonson ' stated that in regard to Mrs . Valenza ' s letter concerning the fire that . they had iw this apartment ; it was a - little' fire ; they are not irresponsible - people . The next fire ' they had was done by Mrs . . Valenza •' s own . daughter . She stated that she ` knows this does not . pertain to what she is before the Board for ; it is just that this' . -is what haened . Mrs . Valenza ' s pp daughter had come to live with the Jonsons because she was th own, - out by her mother - and her suitcase laid on the heating system and caused a smoke fire . Atty .. Sherman stated that there . may . ,w.ell . -be some personal feelings behind the letter that was written . Chairman . Aron asked if Betsy Darlington has personal feelings in this matter also . Ms . Reuning stated that Betsy Darlington is just a good friend of Mrs . Valenza and is trying to • watch out for her interests as Mrs . Valenta is very ill . Ms . Jonson said thatif we are talking about septic fields , Shirley Valenza - is the only one who voted against the Town ' s sewer. . system coming - into their area , adding that she heard she was the: person who .. didn ' t want it to happen . 'Chairman Aron- asked Ms . Jonson if itAher opinion then that this . -As a . personal vendetta . Ms . Jonson replied no , she is - not sAying ' that , ' she doesn ' t know why Ms . Valenza does this , but she is saying -this ' is what has happened to her ; the fire was - - that way , and the . stairs : they want the Jonsons to maintain the stairs that; come off the . . roadway to the homes , which are used by Shirley ' s . tenant , - Mrs : Valenza herself ; -it is- used by the Veirs , who. is a, tenant "also ; and by the Jonsons . Chairman Aron ' asked , Ms . • Jonson to tell the Board about 'the parking which has been mentioned in every letter that - he read . Ms . . . Jonson responded that her daughter does come home from college . in Pittsburgh -so., sometimes they have 3 cars but that is the only time they have 3 cars . Ms . ' Reuning asked Ms . Jonson if she has clients that ' use that parking area . Ms . Jonson replied no . They did have people • that moved from Texas to stay here and they did have them in their home . . for 2 weeks before their rented property was available ; that . is not a client . They have showed their house to clients but they have never had ' them stay . EXHIBIT 7 ZBA o 4 - 12 - 89 ® 10 ` Chairman Aron asked if the house that they are living in now is the one they showed . Ms . Jonson responded that they don ' t even do that anymore because that . is not the type of . houses .they build . They used to build . big4. homes , expensive homes . They no longer do that so they . don ' t show the home . Mr . Austen asked . if all the parking is on the highway . Ms . Jonson replied that all the parki.ng . is : on • the highway ; , there is a ' little indentation off . the highway that , 3 of these cars can use . . Chairman Aron asked where the, neighbors park . Ms . Jonson said that Mrs . Valenza has a - parking space , she and Mr . Jonson are ' side by side and the person- . across the street . even uses that and he has a driveway and a . garage . but he uses that because it is . easier access . There is also .another tenant who has. . a car . At times there have been 5 cars there so . she guesses there . are 3 more spaces : that are , being used . In response to Mr . Aron ' s question if this is Ms . Jonson ' s property that is being used for parking , 4 she replied that it = is no one ' s property ; this is a State road , and the parking is . on the shoulder . Mr . King remarked that he : could not find a place to park up there when he went to try. to view the area . He had to make several passes before he . could . find . -a ; place to pull his car off • the pavement . Mr . Sherman stated that. it seems to him that a lot of the concerns that . are raised . are safety type issues , which are . certainly being controlled: by other factors , such as the fire wall . He thinks the plans are attemptingto provide and to give the best protection possible -in . those areas .. If there are problems with sewage , . he would assume that that will . be investigated too . There . has . certainly been nothing proven on that issue . He stated that there does seem to be some personal feelings involved here and the import , it seems to him in most of the correspondence , is .they . really don '. t want anything there at all which essentially means that they want it to be a vacant lot and that the building that the - - Jonsons had on there and expected to be . able to maintain , it will just : be gone and lost . and . they will have lost the value of this property entirely . That is what seems to be the - thrust . of . what these letters are indicating . Ms . Jonson said that she would like the Board to come down and see. what she takes a look at . . For instance , all of a sudden last year , they brought in blocks ; their whole front yard is blocks , so it is not , all pleasant to her either . Chairman Aron said that the members of the Board have the final say in the matter but Ms . Jonson was given the opportunity • to respond so the Board could hear that and the Board will make up their own minds as to that . He asked the Board if there were any further questions they would like to ask Ms . Jonson . EXHIBIT 7 ZBA ` 4 - 12 - 89 ® it Mr . King stated that they have an official report of a fire at 934 East Shore Drive , the premises owned by Ivar Jonson , occupied at the time of the fire byiScott O ' Rear and the date of the report is' February 2 , 1985 . He not that the address on the survey 'shows this property ' as 932 'East Shore Drive ' and his report says 934A . ' He asked Ms . Jonson what the number is of her own big house immediately to the south. of the : property . Ms . Jonson responded that it is 934 East Shore Drive : Ms . Jonson said that their house , at one time , was 9-:-apartments" and they have eliminated that and made it - a family home so they have taken density out of that area . Mr . - King referred to the xerox copies of - the photographs of the property and stated that the indication on there is that these photographs were taken September 244 . 1986 and they depict the property and note the address several ways ; the last one being 934E East Shore Drive . He asked if those pictures are of the cottage that was on this subject lot '. Ms . Jonson .replied . yes . Mr . King asked if that is the one they tore down . Ms . Jonson replied . that it is . Mr . King stated that he thinks the Board saw the original of these pictures at a previous meeting and . that is where he got the impression that the height of this structure that was there was much lower : However , Ms . Jonson is correct ; it is a pitched roof , not a flat roof . He said it is very difficult to tell from the photographs but it still looks to him as though it doesn ' t extend 15 feet . in the air as she is proposing now in -a new structure and if the City had given Ids . Jonson a permit to - rebuild at - the time. under - - Section 30. 9 51 of their ordinance , ` It said that the floor area , occupancy and exterior dimensions '-.,may not be increased - when compared to the old building . He believes Ms . Jonsonhas done well on the footprint . It looks as though she has brought it within that and even trimmed a bit off it , • but he = does question - whether . the 15 foot height doesh ' t - make ' ' itlargers . Ms . Jonson asked what ' the height usually is on a single family home . Mr . OSherman . replied to Mt . ---" King that to help him estimate what that height is ;> it looks to -- him -: to - be about 12 feet and beyond that he doesn ' t know what it would be : Mr . Frost said -you could figure 8 feet to the ceiling or so ; probably a little less , and he would - say - 3 =' 4 feet for the attic space . Mr . King referred to the Town Ordinance and stated that if that ordinance applies , it says any destruction more than 75 % , can ' t be rebuilt if it is non-conforming . That and the fact that is a very tight neighborhood . It is - so densely occupied there , he can understand why there is all the opposition . He doesn ' t take too much stock in it all being personal ; he thinks that anybody • might be concerned' about the view and the density of occupancies down there and the fire problems of how do you get in to fight a fire down there because there is no way -down from that highway ; that the highway is substantially east of the railroad track and EXHIBIT 7 ZBA 4 - 12 - 89 ® 12 there are houses on the west side _ of the highway so you have to cross lots that have houses and cross the railroad track to get down. to this property . . Ms . Jonson responded that the fire department .t. did . a wonderful job ; they parked right at the top of the , hill and they were. there in a very short time and they didn ' t seem .. to have.. any problem with bringing out the hose any more than they . would going ' ' . across the street . Chairman Aron asked Ms . Jonson •if prior to the house havEng been burned down , did : Mrs . Valenza ever complain . . to her as to that existing house which was there at - the time . Ms . Jonson replied no , never . Chairman,. Aron . asked if any of the other j neighbors ever complained about the cars . Ms . Jonson replied no . Chairman Aron stated that what goes through his mind is , why now , why not earlier . He does not see this in the letters . It is now when people are complaining about it and his question is ' did they ever complain about it before that in regard to having renters there and so having "added cars there . Ms . Jonson replied no , and as she stated before , Mrs . Valenza also has renters . . Ms . Jonson said Ms . Valenza has a renter now and she knows the house isn ' t in compliance but she knows Mrs : Valenza ' s hardships and she doesn ' t say anything . King referred to Chairman Aron•' s statement that .. this house burned down . This house did not burn down . Chairman Aron agreed that the house was demolished , that it was uninhabitable . Ms . - Jonson stated - that the . fire did not really do that much ; the house wasn ' t worth that much when that happened . Mr . .... . King. referred - to the fire report and stated that it says that the fire had been started in the entryway , burning some floor and a picture and that . it was of suspicious . origin and would be investigated by the State Police ' and fire investigation team . Ms . Jonson responded that the tenant she had at the time was not an ideal tenant . She stated that after the fire she was told by the authorities to . have him either. clean it . -up or leave and the Jonsons did ask - him to leave and that is . when they started looking into the building for renovation . It was at that : time that they were given the demolition permit . . . Atty . Sherman stated that that is the whole argument . That is how the . Jonsons got led . down that road . . Obviously , if they had started with' - the Town procedures , maybe that permission would not have been granted and they wouldn ' t be here . now . Ms . . Jonson interjected that they certainly would not have torn the house down : if they knew that they could._ never put . it back up ; they would have figured out a way to put a basement under this . The buildings there now are lying on the ground , and they. are not • safe . EXHIBIT 7 ZBA � 4 - 12 - 89 ® 13 Mr . King asked Ms . Jonson if she has anything at all that says she may tear it . down and rebuild . Ms. Jonson responded that she talked to Tom Hoard , and she has tried recently to get • hold of him again but he has left . There was nothing in writing . At the time - that all -this happened , - he had told Ms : Jonson that this property was going over to the - Town ; that, the. Building.' : Department was busy ,. . and she stated - that she knew they. were : ands she understood- that . He told her to just hold ' off for a while so she did . Mr . King asked if there was an official record and Ms . Jonson said there was a conversation . Chairman ' Aron , for clarification , asked = if it was Mr . Hoard that she had this conversation with . Ms . Jonson responded yes . " Chairman Aron stated that Mr . Hoard now works for Novarr . Mr . King remarked to Ms . Jonson that Mr . Hoard could give her an affidavit though stating that he did say That the Jonsons would : . - be - able to rebuild . Ms .. Jonson asked if Mr . King meant that Mr . Hoard could do that now . Town Atty . Barney stated that the City Ordinance says that they - can rebuild and Mr . Hoard is bound by the ordinance : He ' doesn ' t know that an affidavit . from him will add or subtract anything from that . Mr . King asked Ms . Jonson if she really tore it down because she wanted to build something else .. or did she just feel this was a total loss ,. and wanted some open space . Ms . Jonson asked Mr . King why - does . he think she is herbefore the Board if that were e the case . . Mr . King said that he is referring to March of 1987 when she ' tore it down . Ms . . Jonson replied - that that was not the case at all and the Board . will just Ahive ' to believe herr : � ' Mr . ' King answered that would be nice ; that she would fit right into " the Town ' s Ordinance ; that it was old and dilapidated and a non- conforming - building . . Atty . Sherman interjected that he doesn 't believe there was ' a great lapse of time . ` Ms . Jonson stated that she - - spoke with Mr . Desch" `q•several - -- . times - in the summer of ' 1987 ., and she also spoke with Nancy Fuller because she knew that Ms . • d Fuller would - be the one ' dollecting 'the papers for this . She stated that both Mr . Desch and Ms : Fuller assured her they would contact her when the papers were signed . and she could come in and that never happened . Chairman Aron asked what kind of papers. was Ms . Jonson referring to .' - Ms . Jonson replied she meant the. annexation papers . Ms . Jonson said she could get that report -from Ms . Fuller ; that -she is sure that , Ms . - Fuller remembers '.it and also Noel Desch ; he remembers conversation 's but he probably doesn ' t know what we ' talked about *: ' ; Mr . King asked what her purpose was of these conversations • - with Mr . Desch and Ms . Fuller . Ms . Jonson responded that it was to get it on the agenda ' with the Town to get a building permit . EXHIBIT 7 ZBA 4 - 12 - 89 14 . ® Mr . Austen asked Ms . Jonson if this building were built , . .. g wouldn.' t it lower the value of .her house next do•or . significantly . Ms . Jonson responded that ,. she ... does not . think . so and they don ' t live there just because the neighborhood is beautiful because it -is , not . There is a lot of work that needs to be done down there . ' Mr ._ . . King . said that . . to. him', by •,•havinq .a . little yard there it . . would be nicer..; . Ms . ..:, Jonsonf asked him -;. . if he has . seen what is .. on the other - side • of_ her . Mr . . King, . replied that he has seen most of what is - down there . Ms Jonson - responded that then he would - not want, . a, little yard there . Town . Atty . Barney asked if it would be possible to redesign the building that Ms . Jonson •-wants to put on there to lower the roof line somewhat . He . thinks that seems to be one of . the major contentions . Ms . Jonson , replied that if they can . say to Mr . Frost that . they would. have 8 foot ceilings and still get the pitch , then that is very - possible . There was discussion of the pitch that is shown on the maps . In conclusion of the discussion , Chairman Aron stated that they are still finishing up roughly with about 13 1/ 2 to * 14 feet as it is , even with a small pitch . Mr . Frost concurred with that . Ms . Hoffmann remarked that there is no doubt that this pitch is steeper than the pitch on the . - previous , building . Chairman Aron replied absolutely , . this is at least a 3 to 1 pitch on the picture . Ms . Hoffmann - said that this* . building is also wider by 4 feet than the original building . Ms . Hoffmann asked Mr . Frost what it means when. it says within • the original footprint ; can it be varied . a. little bit as long as , the square footage remains the same or does . it have to be - .exact? . - Mr . - Frost replied that he would say it would not have to be ,in the same footprint . Town Atty . Barney stated , that • the Board is being asked to grant a variance , and they are not locked into a footprint one way or the other , . unless it .is a matter of policy that the Board wants - to insist that it be on the same footprint as before because we have gone beyond our year ' s period of time here . If he - understands the argument , if it had. been within the year then they could have rebuilt the building identical to what was there before but we are , . -now beyond the year - so the Board is not really ita ted ' or obligated . 0040 . . either way . : Chairman Aron clarified that -the Atty . Barney is speaking of the area -variance . Mr . King stated that he would like.: to correct his previous remark when he said that it stayed within the footprint of the old building . . . The old building was 10 feet wide according to the surveyor , and this one is . 14 feet wide . Ms . Hoffmann said the total area also has not been made . smaller , it has been made • larger as far as shecantell from ' measur-ing . Even though . Atty . Sherman ' s measurement seems to indicate that it has been made EXHIBIT 7 2BA 4 - 12 - 89 ® 15 smaller , ' she . doesn ' t believe that is correct . Atty . Sherman asked Ms . Hoffmann to show him where she sees that . Discussion followed - on the measurements of ' the � proposed house . Chairman Aron =asked Mr . Frost ' if he had any further statements as far as safety concerns . . Mr . Frost replied only.. that they would have to have non-combustible exterior facing on • the building to have a 3 foot distance to the property line , but in - the back portion of that , on the : ; lake side of that building, � f looks to be less than the 3 feet as shown on the front corner : of the building ( the road side ) . It looks like a slightly shorter run than the 3 feet shown on th& front corner , which would mean that the 3 feet as permitted - •with- anon-combustible exterior facing . would not be met on - the lake ` side of that building . Discussion followed "on the .footage measurements of the lot and the building . Mr . Frost said there are ways to deal with that in terms of the type of construction which the Jonsons would have to meet . Chairman Aron stated that if there . are no further questions , he would entertain a motion - of. . whether the ' Board should grant a variance to Ms . Jonson on that property or whether the Board should deny it . Ms . Hoffmann stated that . it . would . be nice to have a statement of - hardship , if there is . any . . Y Chairman Aron referred to . the - Zoning ordinance and cited the sections - on practical difficulties and area variances , and he "asked Board members . - for their opinions on this matter . . - Ms . . Reuning stated that she wished she had an opinion from the fire department as to how long it ._takes to respond to afire in that area , and the impact of building , etce She , doesn ' t know- if' it is appropriate to request that , but it seems that one of the biggest concerns is the danger of fire . Mr . ' Austen stated'q �' again that he believes it is an awful small lot to put a building on . He is saying that even with the house that was originally- there , that a 2.1 foot wide . lot is not wide enough to build a house on . - - Ms . . Hoffmann : stated that she this thinking about non- e conforming use and what the original intent was . She thinks it was that when the non-conforming use . goes out of use , it should not come back again , especially on a lake front . Mr . King stated • that he leaned that way also except for this question of equities ; whether Ms . Jonson was actually given an understanding that she could rebuild and therefor demolished this building on that " account . " He said he - is concerned about the footprint and that what she is proposing - is larger than that EXHIBIT 7 ZBA 4 - 12 - 89 ® 16 which existed before , so if one . adhered strictly to the most lenient code , that would be the City ' s 30 . 51 , saying that she : could rebuild provided that she did . . not increase floor area or: . exterior dimensions . He remarked that this is a ' kind of non committal answer in a way , but he thinks it . .. . 1A the hardest decision that the Board has ever . faced i.f.. those.; equities ;are there . If it had clearly been in the Town of, ; Ithada and _ the. wind . blew it over , Ms . Jonson wouldn ' t be able to' rebuild_ ' and 'sthis Board would .not be about to give : a permit to build . Town . Atty . Barney stated that they . could rebuil&� within a,. . . year . Mr . King said that . 100 % . destruction under the Town ' s Ordinance , Section 56 , would- prevent its being rebuilt . Town' ' Atty . Barney stated that he believes that was changed in ' the . . Ordinance . Mr . King read from Section 56 and acknowledged that the Section had been changed ; that the 75 % Had been stricken . Town Attorney Barney stated that the Town Board could not really see what the significance of the 75 % was . ' . The thought was that if somebody has a non-conforming use . and it is destroyed by circumstances beyond their control , which may ormay not be the case here ; it appears that there. is . an issue . . as to that , it could be substantially restored , ' . Ms . Hoffmann remarked that all = the things that are listed • here are things that would be beyond -the control of` the owner , which seems to make a difference . Chairman Aron again referred to the fire report and ' stated that the report does not say that it .. . was : completely ' demolished and Ms . Jonson agrees that it was not 1 completely . dem6lishedo even under the old ordinance it was not demolished 75$", but Ms . Jonson , to the best of his knowledge and the record could show that , says it was not worthwhile to repair , it and so they tore it down . and hoped to build another building : . He asked Ms . Jonson if that is correct . She replied that that., Is right . . they just knew they would be able to . do . so ; ,theyhad`, no . doubt . 6 . Chairman . . Aron said to Ms . Jonson ., ; ..that according to the Town ' s Ordinance , it was not completely demolished . because she did the actual demolishing herself , that it did not create a hazard the way it was . He . asked . Ms . .. Jonson , : if he was . correct . She replied that he is correct . : . Town Atty . Barney wished to address the policy and stated that if this Board were to turn down a variance of this nature , and had the Jonsons known that a variance would be turned down , or. permission in effect to . rebuild something different , you would have been left with a much crummier piece of construction there than you . might be able to . get and the . impact that . one has in • terms of . . . . . . value to the extent that . anybody else along there has ; the thought that " maybe I can take down one of these little caving in buildings and re - erect something that is new and neat EXHIBIT 7 R 1, i mss• ,� � .� ���„ „�.� �� r-�.�`.�-` �� it- -- - Yom... •- •j _. i 44 4 40 R � ill. 1�t• , • - ti �ti . .. p._�_•:�:�, a'':1•'.,-ter' r .w ,i• -,.fit V_ 1 a ... • r ti• 5 C I -Law' S _ _ � � ♦ � � � � ,•, , ' �� ,- �, ,. �,_ �- — . ��1 ,.�..,_ `.t-. .. - -. :� t+..l _ t�SYc- I �•Z! .4` � d- �. _ � •__ -? � �=� �, ` �_ • �' m,,,. ..•s, �� -:.� ,� .� -'�• K \� ♦ _� v' � h 1 m �+i•�' � � • , _ � �� `' ' , .�.. �� �� ZBA - 4 - 12 - 89 ® 17 and : `'somewhat more ' substantial " ., .. The impact of the decision of . ' the. Board here ' would . , be to deter that and he is not quite . : sure - that. . makes ,. sense . . from ' a, reasonable land use . point - of ' view . .. Chairman Axon remarked that he heard the members of :` the - Board saying ` thaf} as :' far aw land user_ is ` concerned , we are talking ` ab6ii . 20 . feet ;+14 ihches : . , _ :�, .. f; : . . . . , f. _. ... I F, - Town Atty . -Barney stated' that his point is , if the Jonsons had known that they could not put up another building , they never • would have torn �.: the one - that was there down . The Town couldn ' t come in and say it . is . 'a 21 foot lot ,: take that building down: } ', The . Jonsons " took it , , down : with - the understanding that they could - put another building back up there ; not necessarily the building they want to put up , but at least a building ; presumably something that is newly constructed , and ' mote substantial . Atty . Sherman read from Article XIII , Section 57 , Existing Lots. , of the Town Zoning Ordinance and asked Town Atty . Barney if he could clarify for " him that Section . Town . Atty . Barney responded that there he is into '-a situation where he is compelled to get a variance to rebuild . • Mr . King;. made . the following motion : RESOLVED , that the Town of Ithaca. Zoning Board of Appeals grant and hereby does grant the applicant permission to re- build on. . this' lot "-a - single- family , single- story residential j property,, . somewhat along the lines of the- . drawings proposed , ' j provided .' that the ' , total area of the building - shall - not � exceed the 'square footage - area of ' the previous building as best it can be determined from the survey or whatever evidence there - 'is of that , particularly in regard to the original building having been ten ( 10 ) feet wide according to the surveyor , whereas the proposed building is fourteen ( 14 ) feet wide , and -be it further RESOLVED , that t2ie granting of this permission is subject to .the , following conditions : ( 1 ) that the exterior siding of the building meet code requirements for non-combustibility to the extent ' that the building is within 2 - . 3 feet from the side yards; ( 2 ) that . the - Building Inspector would - have the power' to determine whether any :tikoposed use ' is in compliance ` with the square footage and - distance and construction requirements ; ( 3 ) ' that the north side shall be no closer than 4 feet • to the north lot line ; EXHIBIT 7 v rhA 4 - 12 - 89 • 18 ( 4 ) that the building shall be situated equally between lot lines , and the building shall not exceed 12 ' in width , ( 5 ) that the permit be applied for with proper plans within one year from this date ; ( 6 ) that the hardship is that the property becomes virtually valueless if building is precluded on the lot . Mr . Austen seconded the motion . Discussion followed on the floor on the matter of the deck . Chairman Aron asked if the deck is going to be a raised deck . Ms . Jonson replied yes . Chairman Aron stated that that makes it a structure and it has to be incorporated because that belongs to the structure which will then extend the length of the house . Mr . King amended his motion and Mr . Austen seconded the amendment as follows . ( 7 ) that if a deck is added to the westerly side of the property , it shall not exceed the size of the original deck which was 10 feet wide by 9 feet deep . A roll call vote resulted , - as follows . Ms . Reuning - Aye Mr . King - Aye Mr . Austen - Nay Ms . Hoffmann- Aye Mr . Aron - Aye The motion was carried . The second item on the agenda was the following . APPEAL OF THE FIRST ITHACA CHINESE CHRISTIAN CHURCH , APPELLANT , GERALD RAU , AGENT , REQUESTING SPECIAL APPROVAL UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 3 , OF THE TOWN OF ITHACA ZONING ORDINANCE., FOR THE CONVERSION OF AN EXISTING RESIDENCE LOCATED AT 1462 SLATERVILLE ROAD INTO A PLACE OF WORSHIP , TOWN OF ITHACA TAX PARCEL NO . 6 - 38 - 2 - 22 . 3 , RESIDENCE DISTRICT R- 15 . THE TOWN OF ITHACA PLANNING BOARD , ON MARCH 21 , 1989 , RECOMMENDED THAT SUCH SPECIAL APPROVAL BE GRANTED , SUBJECT TO CERTAIN CONDITIONS . Chairman Aron referred to a letter , dated March 16 , 1989 , that was sent to the Planning Board and Zoning Board .of Appeals • from Gerald Rau , Church Secretary ( attached hereto as Exhibit # 9 ) 4 EXHIBIT 7 i a, meq,« , 2 , 1 9 8 9 I I AFFIDA 17IT OF Pt IBI,ICATION IT ACA JOURINTAL State of New York , Tompkins County , ss . : Gail Sullins being duly sworn , deposes and TOWN OF ITHACA ZONING ' says , that she/he resides in Ithaca , county and state aforesaid and that BOARD OF APPEALS she/ he is Clerk NOTICE PUBLIC HEARINGS WEDNESDAY, NOV . 15, 1989 % 7 :00 P. M. of The Ithaca Journal a public newspaper rinted and published in By direction of the Chairman": pp of the Zoning Bo7rd of Ap- peals NOTICE is HEREBY GIVEN Ithaca aforesaid , and that a notice , of which the annexed is a true that Public Hearings will be held by the Zoning Board of copy , was published in said paper Appeals of the Town of Ithaca on Wecinesc ay November 8, 1989, in Town Hall , 126 East Seneca Street, (FIRST Floor REAR Entrance, West Side), Ithaca , N. Y. , COMMENCING AT 7 :00 P. M. , on the following' matters. APPEAL of Ivor and Janet Jon-' son , Appellants, requesting modification of the terms of Special Approval granted by and that the first publication of said notice vras on the 10 the Town of Ithaca Zoning Board of Appeals on April 12, 1989, for the reconstruction of day of hy C , be 19 GC{� a single story, single family dwelling at 934B East Shore Drive, Town of Ithaca Tax Pa- rel No . 6- 18-5-9, Residence e.A� District R- 15. Said Special Ap- proval authorized a 12 foot wide building whereas the building constructed is 12 feet, / 4 inches. Furthermore, infor- Subscribed and sworn to before me , this D day motion and material provided by the appellantsindicated I o f 19 that the proposed structure would not have a "loft" or ; roof "dormers" . however , the building as constructed has a loft and two roof dormers. Said Zoning Board of Appeals l Notary at said time, 7 :00 p. m. , I Notary public " and said place , hear all per- sons in support of such matters JEAN FORD or objections thereto. Persons may appear by agent or in Notary Public, State of New York person . , Andrew S. Frost Building Inspector/ No. 4654410 Zoning Enforcement Officer Town of Ithaca Qualified in Tompkins County 273- 1747 / November 10, 1989 Commission expires May 31, 19 . ,