HomeMy WebLinkAboutZBA Minutes 1990-03-14 FILED
TOWED OF ITHACA
Date l 3 / 0
® Town of Ithaca Clark
Zoning Board of Appeals
March 14 , 1990
TOWN OF ITHACA
ZONING BOARD OF APPEALS
MARCH 14 , 1990
PRESENT : Chairman Henry Aron , Edward King , Edward Austen , Eva.
Hoffmann , Joan Reuning , Building Inspector/Zoning
Officer Andrew Frost , Town Attorney John Barney .
ALSO PRESENT : Om P . Gupta , Doria Higgins , Lawrence A . Jones ,
Steve Ruedisili , Shirley Valenza .
Chairman Aron opened the meeting at 7 : 05 P . M .
The matter before the Board was the following .
CONSIDERATION OF A DECISION IN THE MATTER OF THE APPEAL OF
OM P . GUPTA , APPELLANT , REQUESTING AUTHORIZATION BY THE
BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN
OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF A NON-
CONFORMING BUILDING ON A NON-CONFORMING LOT LOCATED AT 940
EAST SHORE DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 18 - 5- 51,
RESIDENCE DISTRICT R- 15 . THE EXTENSION PROPOSED IS THE
CONSTRUCTION OF ADDITIONAL LIVING SPACE ON THE SOUTH SIDE OF
THE EXISTING BUILDING , WITH THE SOUTH SIDE BUILDING SETBACK
CHANGING FROM 20 . 8 FEET TO 9 . 4 FEET ( 15 FEET BEING
REQUIRED ) , AND THE EXTENSION OF THE SECOND FLOOR , OVER THE
EXISTING FIRST FLOOR , OF THE BUILDING IN A NORTHERLY
DIRECTION BUT NOT BEYOND THE EXISTING 8 . 6 -FOOT NORTH SIDE
BUILDING SETBACK ( 15 FEET BEING REQUIRED) , WITH THE BUILDING
HEIGHT REMAINING THE SAME .
Chairman Aron stated that this is an adjourned meeting from
February 14 , 1990 . The public hearing section of the meeting was
closed at that time and this is a matter for this Board to make a
decision on .
Chairman Aron stated that the Board was instructed by
motion to visit the property and see what it is that Mr . Gupta is
proposing and this has been done .
Chairman Aron stated that it is his opinion that he cannot
see any reason for Mr . Gupta extending the bottom floor right up
to the stake line which was set out . He said that he could see
Mr . Gupta , for instance , expanding the upstairs over the
footprint where the building is standing right now .
Mr . King stated that he can see why Mr . Gupta would want to
add on the first floor south . However , he can by no means see
extending that as far as Mr . Gupta wants to go . If Mr . Gupta
could live with an 8 - foot southerly extension and that that be
Town of Ithaca 2
Zoning Board of Appeals
March 14 , 1990
conditioned on his limiting the westward extension of that south
wing , which he proposes to extend 5 1/ 2 feet beyond the Lake
side , the front of the building now , if that were limited to 3
feet , so he would have 3 feet maximum extension westerly , 8 feet
maximum southerly , that Mr . King could see . That would leave
approximately 12 feet between buildings , to the lot line , 11
feet .
There was discussion about the distances to the lot lines .
Mr . Frost clarified that the sketch on the larger map that is
showing Mr . Gupta ' s proposed addition , that proposed addition
may , in fact , be in a portion of where the existing outside wall
is now .
Mrs . Hoffmann stated that in looking at the sketch , the
distance from the lot line to within about a foot of the
extension of the house , is 19 feet , 4 inches and then there is
another foot between that and the house so the total distance is
20 feet , 4 inches .
There was further discussion about the distances to the lot
lines .
Mr . Austen stated that he concurs with Mr . King about the
width of the addition - that there should be more space
maintained between the lot line and the building and he thinks 12
feet is a much more acceptable distance .
Chairman Aron read from the minutes of the February 14 , 1990
meeting . The minutes are attached hereto as Exhibit # 1 .
Chairman Aron stated that he is opposed to the extension of
the footprint of the house .
Mr . King asked. Chairman Aron if he is saying that he is not
objecting to the northerly extension of the second floor .
Chairman Aron said that he is not objecting to the second floor ,
only the first .
Discussion followed on the height of the house . Mr . King
recommended that plans not exceed 6 " of the proposed 25 ' height
that is shown in the plans .
Chairman Aron stated again that he has no objections to the
second floor extension only as long as it fits within the
footprint of the existing building and the ridgeline of his roof
will not exceed any more than 0 - 6 inches above the existing
height .
Town of Ithaca 3
Zoning Board of Appeals
March 14 , 1990
Chairman Aron stated that he would entertain a motion at
this time only on the second floor addition .
Motion
By Mr Austen , Seconded by Mrs . Hoffmann :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
make and hereby does make the findings set forth in
Section 77 , Subdivision 7 of the Zoning Ordinance , and
FURTHER RESOLVED , that the Town of Ithaca Zoning Board of
Appeals grant and hereby does grant an extension of a non -
conforming use for the extension of the second story of a
house located at 940 East Shore Drive by the drawing of
Architect Jagat Sharma , dated August 23 , 1989 , to extend
said second floor , per the drawing , to the east and to the
north , as shown , to make room for 2 bedrooms and a bathroom
on the second floor . The ridgeline shall not exceed the
present ridgeline plus or minus 1 foot , but in any event
shall not exceed 25 feet in height .
• Chairman Aron called for a voice vote on the motion .
The voting on the motion was as follows .
Mrs . Hoffmann - Aye Mr . King - Aye
Mrs . Reuning - Aye Mr . Austen - Aye
Chairman Aron - Aye
Nays - None .
The motion was carried unanimously .
Mr . King made the following motion :
RESOLVED , that upon the finding that the proposed addition
to the second floor would definitely enhance the liveability
of the subject building , but finding that the building
should not extend as close to the south line as the
applicant has proposed , and upon the further finding that
this would apparently leave at least 12 feet between the
south line of the extension and north wall of the Valenza
building adjacent south , and incorporating the general
findings contained in Section 77 , Subdivision 7 , a - f of the
Town ' s Zoning Ordinance , the Board of Appeals permits the
applicant to extend the structure also to the south on the
• first floor only , generally in accordance with his plans ,
but limited so as not to constitute an extension of more
than 8 1/ 2 feet from the present building , subject to the
following conditions .
® Town of Ithaca 4
Zoning Board of Appeals
March 14 , 1990
10 that the proposed westerly extension of said first
floor to the west side of the present building be not
more than 3 feet west of the front line , rather than
the 5 1/ 2 feet proposed .
2a that revised plans with the altered dimensions be
submitted to the Building Inspector/ Zoning Enforcement
Officer prior to the issuance of any building permit .
Mr . Edward Austen seconded the motion .
Chairman Aron called for a voice vote which was as follows :
Mr : King - Aye Mrs . Reuning - Aye
Mrs . Hoffmann - Nay Mr . Austen - Aye
Chairman Aron - Nay
Ayes - 3
Nays - 2
The motion was carried by a 3 - 2 vote .
Mrs . Hoffmann stated that she would like to bring up the
matter of the deck . She questioned the height of the proposed
deck .
Mr . Gupta stated that it will be 3 to 3 1/ 2 feet off the
ground .
Discussion followed regarding the width and depth of the
proposed deck .
At this point of the discussion by Board members Mrs . Doria
Higgins and Mrs . Shirley Valenza made an outburst from the
audience .
Mr . King moved to reopen the motion ; Mrs . Reuning seconded :
RESOLVED , that the Zoning Board of Appeals re - open the
consideration of the last resolution regarding the expansion
of the first floor to the south for the purpose of
considering whether the Board should add a further condition
relative to the construction of the proposed deck on the
west side of the building .
The voting was as follows .
• Ayes - Aron , King , Austen , Hoffmann , Reuning .
Nays - None .
The motion to re - open was carried unanimously .
Town of Ithaca 5
Zoning Board of Appeals
March 14 , 1990
Mrs . Hoffmann stated that she would like to add as a
condition to the motion the following .
Motion
By Mrs . Hoffmann ; Seconded by Mrs . Reuning :
RESOLVED , that as a condition to the motion the following be
added : 3 . the size of the deck shall not exceed 644 square
feet and shall not extend beyond the concrete retaining
wall as currently located .
Discussion followed on the motion .
The voting on the motion was as follows :
Ayes - Aron , Reuning , Hoffmann .
Nays - Austen , King .
Town Attorney Barney stated that the Board voted to re -
consider the prior granting of a special approval on the
extension of the building . Now the Board has attached an
additional condition and the Board needs to vote on whether they
want to grant the overall extension of the first floor on the
same terms
that were discussed before plus the additional
condition that the deck be no more than 644 square feet .
Discussion followed on the procedure for the motion . Town
Attorney Barney explained to the Board that they voted to
reconsider . Now they have reconsidered to the point of adding an
additional condition but they still have not taken a formal vote
because when the Board votes to reconsider , they are effectively
back to the status quo before they have taken a vote at all on
the proposed special approval . He advised the Board that they
need to vote again .
Motion
By Mr . King ; Seconded by Mr . Austen :
RESOLVED , that , based upon the findings previously recited ,
the Town of Ithaca Zoning Board of Appeals grant and hereby
does grant the special approval for an extension of the
first floor to the south no more than 8 1/ 2 feet and no
more than 3 feet to the west of the existing westerly
building line with the conditions that :
10 the proposed westerly extension of the first floor to
the west side of the present building be not more than
3 feet west of that front line , rather than the
5 1/ 2 proposed ;
Town of Ithaca 6
Zoning Board of Appeals
March 14 , 1990
29 revised plans with the altered dimensions be submitted
to the Building Enforcement Officer prior to the
issuance of any building permit ;
3e the deck not extend beyond the concrete retaining wall
as currently located and not exceed 644 square feet in
total area .
A vote on the motion was as follows :
Mrs . Reuning - Aye
Mr . Austen - Aye
Mrs . Hoffmann - Nay
Mr . King - Aye
Mr . Aron - Nay
The vote was carried 3 - 2 .
The meeting adjourned at 8 : 40 p . m .
C�►;lt/Kc.e�
• Connie J . Holcomb
Recording Secretary
APPROVED :
Hifinry Aron , Chair
Town of Ithaca 6
Zoning Board of Appeals
February 14 , 1990
be accomplished by recordable covenant or deed , which
_ . . the applicant must submit to the Town Attorney for his
approval , along with recording fees , to make it a
permanent condition that the lot on which the garage is
being built becomes a part of the residential parcel
with the house which is being served by this garage .
2 . The garage and space underneath is not at any point in
time to be used as habitable space .
The voting on the motion was as follows .
Ayes - King , Austen , Reuning , Hoffmann , Aron .
Nays - None .
The motion was carried unanimously . .
The next Appeal on the Agenda was the following .
APPEAL OF OM . P : GUPTA , APPELLANT , REQUESTING
AUTHORIZATION BY THE BOARD OF APPEALS., UNDER ARTICLE
XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING
ORDINANCE , FOR THE EXTENSION OF A NON-CONFORMING
BUILDING ON A NON-CONFORMING LOT LOCATED AT 940 EAST
SHORE DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 18 -5- 5 ,
RESIDENCE DISTRICT R- 15 . THE EXTENSION PROPOSED IS THE
-CONSTRUCTION OF ADDITIONAL LIVING . - SPACE ON THE SOUTH
SIDE OF THE EXISTING BUILDING , WITH THE SOUTH SIDE
BUILDING SETBACK CHANGING FROM 20 . 8 FEET TO 9 . 4 FEET
( 15 FEET BEING REQUIRED) , AND THE EXTENSION OF THE
SECOND FLOOR , . - OVER THE EXISTING FIRST FLOOR , OF THE
BUILDING IN A NORTHERLY , DIRECTION BUT NOT BEYOND THE
EXISTING 8 . 6�FOOT NORTH . SIDE - BUILDING SETBACK ( 15 FEET
BEING REQUIRED ) , WITH THE BUILDING HEIGHT REMAINING THE
SAME .
Chairman Aron read a letter from Harry Missirian , Acting
Commissioner of Planning for Tompkins County , dated February 9 ,
1990 , attached hereto as Exhibit # 7, and a letter from Om P .
Gupta , dated . January 8 , 1990 , attached hereto as Exhibit # 8 .
Mr . Gupta addressed the Board and explained his reasons for
the requested expansion of his house . He said that he bought
the house almost two years ago . The house has one bedroom and
one bathroom . Mr . Gupta explained that he has a business here in
Ithaca and he is unable to invite his workers and business
acquaintances to his home due to the size of his home . Mr . Gupta
• stated that he would_ like to have the opportunity to respond if
there is opposition presented against his plans . Chairman Aron
assured Mr . Gupta that he would have that opportunity .
Town of Ithaca 7
Zoning Board of Appeals
February 14 , 1990
Chairman Aron asked Mr . Gupta how large his family is . Mr .
Gupta responded that at this time there is only himself .
Chairman Aron referred to the survey map that was submitted
to the Board , which is attached hereto as Exhibit # 9 • He
questioned Mr . Gupta regarding the three parcels that he owns at
that location .
Chairman Aron stated that it does not seem that Mr . Gupta ' s
ability to entertain or not to entertain should be considered as
a hardship .
Mr . Gupta explained that he does need the room to entertain
his business associates and friends but that is not the only
reason . He stated that he also needs the extra bathroom for
himself .
Chairman Aron opened the public hearing .
Mrs . Valenza stated that the land that is filled in now and
on which Mr . Gupta wishes to build , was done so with the
permission of the Army Corps of Engineers but unfortunately the
® permission was obtained without full facts . There was no mention
of a creek , let alone a creek with a serious history of flooding .
She stated that the Assistant Town Engineer assured them that
there would be no flooding but within weeks there was a most
tremendous flood . She showed pictures to the Board showing how
the wall backed up the waters and was partially responsible for
causing that tremendous flood .
Mrs . Valenza questioned where the second bedroom went to
that she knows was in the house . Secondly , another thing that is
misleading in what Mr . Gupta has submitted is that the Army Corps
of Engineers did give permission for a deck , but not the deck
that Mr . Gupta has drawn into his plans . Mrs . Valenza said that
thirdly , Mr . Gupta does not even mention that he is planning to
expand in a westerly direction . Expanding in this westerly
direction , which he has not mentioned at all , would make his
building totally block out her northern view toward the bluffs .
She stated that Mr . Gupta ' s plans show total windows on the side
of his house that is looking into her household and that would be
a total loss of privacy to her .
Mrs . Valenza went on to explain that with the construction
which Mr . Gupta has already made , she has lost privacy because
the ground that he used was on a lower level , perhaps 5 or 6 feet
below the level of her house . When Mr . Gupta added this four -
• foot wall and filled in , where there was a partial
differentiation in privacy because of the difference in level ,
now whoever is on his property is looking into the windows of her
Town of Ithaca 8
Zoning Board of Appeals
February 14 , 1990
living room and bedroom . Mrs . Valenza thinks these are very
important differences and she does not want any of. . us _ to make any
mistakes so that the same thing happens as has happened with the
Corps of Engineers .
Mrs . Valenza stated that for these reasons , as well as for
the fire protection problems in the neighborhood , the danger of
floods and the parking problems , she is . opposed to Mr . Gupta ' s
proposal .
Mrs . Janet Jonson addressed the Board and spoke in favor of
Mr . Gupta ' s proposal . She stated that she is a neighbor of Mr .
Gupta and she is also a businesswoman so she can understand the
need to be able to entertain associates at your home - -
especially when you have employees . Mrs . Jonson stated that she
has been cleaning up her property and she is glad to see another
concerned resident like Mr . Gupta there . He has done a wonderful
job in what he has done so far with his property .
Mrs . Jonson stated that before Mr . Gupta bought his
property it was a rental unit . and thus she is very glad to see
the property owner- occupied . She stated that there are homes in
the neighborhood that are being rented .out and she knows that
some of those houses are not up to Code . Mrs . Jonson said this
alarms her - - f iing about fire safety , we need
people to update their wiring and bring their houses . - up to Code .
She is sure that Mr . Gupta ' s home is not the way the codes read
today because no work has been done on this place and to . put the
kind of money he is going to put into his home , he needs some
added rooms to make it worthwhile .
Mrs . ' Jonson said that as far as Mr . Gupta being the only
person living in the house , . she is sure he will marry someday and
he has family in India that will be coming .to visit him and he
has every right to do what he has proposed to do with his
property .
Mrs . Schriner , 940A East Shore Drive , stated that Mr . Gupta
should have a right to entertain his friends and his business
associates at his home and not to have to take them to a hotel .
She spoke in favor of Mr . Gupta ' s proposal .
Mrs . Doria Higgins , 2 Hillcrest Drive , spoke against the
proposal and she read a statement into the record which is
attached hereto as Exhibit # 10 .
Chairman Aron closed the public hearing .
Mr . Gupta stated that he would like to point out that he has
tried to be a good neighbor . He knows Mrs . Valenza has a concern
Town of Ithaca 9
Zoning Board of Appeals
February 14 , 1990
for her view and he has tried to respect it . In regard to the
flooding problem., he does not know what Mrs . Valenza is talking
about .
Town Attorney Barney interjected that in regard to the
flooding , it was not Mr . Gupta ' s fault . - It was partly the Town ' s
fault because of some sewer line work that was being done there .
Mr . King asked Mr . Gupta how he addresses the concern of
Mrs . Valenza that the westward extension of the deck onto his
house would block her view .
Mr . Gupta stated that any construction will block her view .
Mr . Frost clarified for the Board that on the site plan map ,
what is shown as east elevation is really the west elevation , on
the - Lake side - - they are mixed up . The site plan map is
attached as Exhibit # 11 .
Mr . King asked Mr . Gupta if he is also proposing to build a
deck out into the Lake .
Mr . Gupta stated that he has permission for that from the
Army Corps of Engineers . ( See Exhibit # 12 , attached hereto . )
Chairman Aron read a letter into the record from Mrs . Cora
M . Sepos , 940B East Shore Drive , dated September 24 , 1989 and a
letter from John P . Lango , 926 East Shore Drive , dated November
30 , 1989 . The letters are attached as Exhibits # 13 and # 14 .
Mr . King referred to the southerly extension of _. the
proposal and asked Mr . Gupta if that . wing will have an open glass
wall on the south . Mr . Gupta stated- that it will be like a sun
room .
Mr . King stated that the proposal will cut the distance from
20 . 8 feet to 9 . 4 feet on Mrs . Valenza ' s side . He asked Mr . Gupta
why he wants so many windows on that side .
Mr . Gupta responded , because of the sun .
Discussion followed regarding the deck that is proposed to
be built out into the Lake and as to whether or not the Town has
jurisdiction over decks being built into the Lake .
Mr . King stated that he thinks before a decision is made in
the Appeal , the members of the Board should make a trip to the
site and look at it staked out so that they have a better idea of
how the proposed addition will look on the lot .
® Town of Ithaca 10
Zoning Board of Appeals
February 14 , 1990
Motion
By Chairman . Aron ,, seconded by Mr . Edward Austen
RESOLVED , that the Zoning Board of Appeals adjourn and
hereby does adjourn , the matter of the Appeal , of. . Mr . Om P . Gupta
for the extension of, a non-conforming . . building on a non -
conforming lot , - located at 940 East Shore Drive , � - to March 14 ,
1990 , and further
RESOLVED , that before that date the members of the Board
will visit the site of the proposed extension and look at
the property with stakes in places where the proposed
addition will be , and further
RESOLVED , that the meeting on March 14 , 1990 will be for a
decision by the Board only .
The vote on the motion was as follows .
Ayes - King , Aron , Austen , Reuning , Hoffmann .
Nays - None .
• The motion was carried unanimously .
Chairman Aron directed Mr . Gupta to stake out the property
showing exactly what he intends to do and where he is going to
build the addition .
Town Attorney. Barney stated for the record that his office
did represent Mr . Gupta when he purchased the property in
question but Mr . Gupta is not being represented by him now .
The meeting adjourned at 9 : 15 p . m .
Respectfully Submitted ,
C�-rte
Connie J . Holcomb
Recording Secretary
APPROVED .
Henry Aron , Chairman
�x mo
* � * TOMPKINS COUNTY DEPARTMENT OF PLANNING
# # # *# Harry Missirian Acting Commissioner of Planning
February 9 , 1990
To : Andrew S . Frost , Town of Ithaca Zoning Officer '
From : Harry Missirian , Acting Commissioner . of Planning
Re : Zoning Review Pursuant to Section 239- 1 and -m of the New
York State General Municipal Law .
Proposed discretionary action : Application for special approval , by Om Gupta
at 940 East Shore Drive ( state highway )
Tax Map No . 185-5
This memorandum acknowledges your referral of the .proposal identified above
for review and comment by the County Planning Department ,
ZONING REVIEW , Ppursuant to NY General Municipal Law , Section 239- 1 and -m .
The proposal , as submitted , will have no significant deleterious impact on
intercommunity , county , or state interests . . Therefore , no recommendation is
indicated by the County Planning Department and you are free to act without
prejudice .
Www �
Additional comments not part of the . 239-1 & -m review .
Since this action concerns extension of a building on a lot , the configuration
and status of the lot is of considerable importance . However , in this case
there appear to be two lots , both owned by the applicant , with the expansion
taking place entirely on one of the lots , which has no building on it now . It
is questionable whether a nonconformance should be allowed to expand across a
lot line , even though both lots are in the same ownership .
Also ; the survey map and the map in Exhibit C , sheet 2 of 2 , on the one hand ,
and the tax map , on the other hand , seem not to describe the same site .
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copy : file
EXHIBIT # 7
Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360
Om P . Gupta
® 940 East Shore Drive
Ithaca , NY 14850
January 8 , 1990
Building Inspector/Zoning Enforcement Officer
and the Zoning Board of Appeals .
Town of Ithaca
Ithaca, NY 14850
Dear Sirs :
1 . Enclosed herewith is my application for putting on an addition to
my house on 940 East Shore Drive. Exhibits A and B show survey map
and the architects drawings showing existing structure along with the
proposed changes .
2. To summarize the changes,
(i) The second floor is extended on the north and east side so as to
be in line with the existing structures .
(ii) The first floor is extended on the south side by 11 '-4" . There will
still be a 9 ' left between the new structure and my property line.
3. The proposed construction shows a deck on the west side over the
Cayuga Lake which requires approval form Army Corp . of Eningeers. I
have obtained their permit which is shown in Exhibit C.
4. I have talked about this proposed construction with several of my
neighbors and they have told me that they have no objections to my
plans. Letters from Mrs. Schriner (immediate neighbor to the north) ,
Mrs. Cora Sepos and John Lango are attached in Exhibit D . In addition,
Ivar & Janet Johnson have also told me that they support my. proposal.
5 . I agree to provide any additional information that you may need to
favorably decide on my application. Looking forward to hearing from
you in -the near future.
Yours Sincerely,
Om P. Gupta
EXHIBIT # 8
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EXHIBIT # 9
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Statement of Doria Higgins , 2 Hillcrest Drive
before Town of Ithaca Zoning Board of Appeals
February 14 , 1990
I ' m here tonight to support Shirley Valenza of East Shore Drive in her
request that you not change your zoning rules and regulations to enable
her neighbor to the north , Om Gupta, to enlarge his house to bring it within
9 .4 feet of her house.
As you know , present zoning regulations require 15 feet for side yards ,
which means a 30400t separation between dwellings . As you also know ,
many of the small bungalows on East Shore Drive were built before zoning
regulations went into effect. Mr. Gupta's house is only 20 . 8 feet from the
boundary he and Mrs . Valenza share , and her house is almost right on that
boundary — so that instead of having 30 feet between them they now have
only 20 . 8 feet . To decrease that already sub- regulation distance to only
9 . 4 feet would horribly press in upon the privacy of Mrs . Valenza's house
and most decidedly lower its real estate value , not to mention her pleasure
and comfort in living there — which she has done for the past 21 years .
It may be relevant and important for you to know that when Mr. Gupta
bought his house just two or three years ago , he did not have a side yard
to speak of . His "side yard" was mostly at lake level and a good portion of
it was part of the creek drainage bed - the creek that runs between his
house and Mrs . Valenza 's house . By building his concrete wall and then
filling the land in on his side he has given himself a side yard. But at the
same time he has threatened Mrs . Valenza's house with being undermined
at high level times, since the water which formerly spread between the two
houses is now forced with a higher velocity completely on to her side.
I do not think it would be fair or right for you to lift zoning regulations on Mr.
Gupta 's behalf when it would be so much- to the - detriment of Mrs.
Valenza's welfare. She has already been harmed too much by his building
of the concrete wall . Mr. Gupta was aware of zoning rules and regulations
when he bought his house. He is a very aware and efficient business man
— I have known him for a number of years . He knew the rules and
regulations about side yards when he bought his house . I don 't see why
you should now change those rules to accommodate him when it will hurt
Mrs . Valenza so very much.
EXHIBIT # 10
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EXHIBIT # 11 z
✓ �.:6s
r o/ r b ; � : " ; � _ 'ALTERATlOtaS TO Jagal P. Sharma
r� 1940 EAST SHORE DRIVE Architect
n
S_
DEPARTMENT OF THE ARMY
BUFFALO DISTRICT, CORPS OF ENGINEERS
1776 NIAGARA STREET
BUFFALO, NEW YORK 14207-3199
Wcrtr To
ATTz'+*im ew March - 30 , 2989
Regulatory Branch
SUBJECT : Letter of Permission - Processing No , 89 - 101 - 9
Mr . Om P . Gupta
940 East Shore Drive
Ithaca , New York 1485 01026
Dear Mr . Gupta :
Please refer to your request for a Department of the Army
permit to perform work in Cayuga Lake in the Town of Ithaca ,
Tompkins County , New York .
UPON RECOMMENDATION OF THE CHIEF OF ENGINEERS , PURSUANT
TO SECTION 10 OF THE RIVERS AND HARBORS ACT OF 3 MARCH 1899
( 33 U . S . C . 403 ) , OM P . GUPTA , DESIGNATED THE PERMITTEE , IS
HEREBY GRANTED PERMISSION TO INSTALL A PILE SUPPORTED DECK IN
ACCORDANCE WITH ATTACHED PERMIT PROVISIONS , CONDITIONS AND
DRAWINGS WHICH ARE INCORPORATED IN AND MADE A PART HEREOF .
PLEASE NOTE : The term " you " and
Y its derivatives , as used
in this permit , means the permittee or any future transferee .
The term " this office " refers to the appropriate district or
division office of the Corps of Engineers having jurisdiction
over the permitted activity under the authority of the
commanding officer .
The District Commander must be informed of commencement
and completion of the authorized - work . Please use the forms
enclosed . Commencement indicates your acceptance and
agreement to comely with the permit terms and conditions .
EXHIBIT # 12
C)e N/ / r
- 2 -
Regulatory Branch
SUBJECT : Letter of Permission - Processing No . 89 - 1b1 - 9
Questions pertaining to .this matter should be directed to
Mr . Mel Schroeder , who can be contacted at 716 - 876 - 5454 ,
extension 2307 , or by writing to the above address .
Dated this 30 th day of March 1989
BY AUTHORITY OF THE SECRETARY OF THE ARMY .
�4fL1,ug F . Boyd III
Colonel , U . S . Army
Commanding
Enclosures
EXHIBIT # 12
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• EXHIBIT # 12
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EXHIBIT # 12 �X �/� �' A
NI
v
Mrs . Cora Sepos
940E East Shore Drive
Ithaca, IY 14850
I am the owner/resident at the above address ; in neighborhood of Om's
property. I have examined Om's plans for (i ) extending the second floor on
the north and' east side to the same length as the existing first floor and (ii )
extending the first floor to the south. I believe that Om's renovations will
enhance and increase the neighborhood property values . I have no objection
to the town granting Om the necessary variances to go ahead with the project .
6, r� 4 " : , � 0
® EXHIBIT # 13
R.
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Jouu �i . LA � Go
Mr. o_ ,, ff T ,,.. . .. nd Sbn
400+ East Shore Drive
Ithaca, NY 14850
I am the owner/4&6dent at the above address , in neighborhood of Om' s
property. I have examined Om' s plans for (i ) extending the second floor on
the north and east side to the same length as the existing first floor and ( ii )
extending the first floor to the south . I believe that Om' s renovations will
enhance and increase the neighborhood property values . I have no objection
to the town granting Om the necessary variances to go ahead with the project .
• EXHIBIT # 14
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