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HomeMy WebLinkAboutZBA Minutes 1990-04-14 1. FILED + F-?P WN OF ITHACA '� -TOWN OF ITHACA Clerlk*&, ZONING BOARD OF APPEALS FEBRUARY 14 , 1990 PRESENT : Chairman Henry Aron , Edward King , Eva Hoffmann , Joan Reuning , Edward Austen , Town Attorney Barney , Zoning Enforcement Officer/ Building Inspector Frost . OTHERS PRESENT . Mrs . Valenza , Om P . Gupta , Bill Avery , Ken Vineberg , Doria Higgins , Janet Jonson , Mrs . Schriner , Robert Hines , Esq . Chairman Aron called the meeting to order at 7 : 05 p . m . and stated that all posting , publication and notification of the public hearing had been completed and that proper affidavits of sam'e':•;were in order . The first Appeal on the Agenda was the following . APPEAL OF SUSAN CENTINI , APPELLANT , REQUESTING A VARIANCE OF THE REQUIREMENTS OF SECTION 2 . 01- 1 OF THE TOWN OF ITHACA SIGN LAW TO PERMIT THE PLACEMENT OF A 2 FT . BY 2 FT . SIGN , READING " CENTINI ' S CODDINGTON RESTAURANT " , OFF THE PROPERTY OF THE RESTAURANT ON LAND OWNED BY ITHACA COLLEGE AND LOCATED AT THE CORNER OF N . Y . S . ROUTE 96B AND CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 -40-4 - 1 , BUSINESS DISTRICT "A" . SECTION 2 . 01-1 OF SAID SIGN LAW PROHIBITS OFF-PREMISES SIGNS . Chairman Aron read from the Planning Board Adopted Resolution of January 23 , 1990 , attached hereto as Exhibit # 1 . Attorney Robert Hines , representing Mrs . Centini appeared before the Board . He gave background information on the request and stated for clarification that the permission given by Ithaca College is revocable . Chairman Aron questioned the height of the sign . Mr . Frost stated that the proposed sign gn will be ten feet Mr . King asked about the location of the sign on the lot . Atty . Hines responded that the sign has to be set back ten feet from the highway . He referred to the map which is attached hereto as Exhibit # 2 . Chairman Aron read a letter from Thomas R . Salm , Vice President for Business and Administrative Affairs at Ithaca College , dated September 29 , 1989 , which is attached as Exhibit # 3 , stating their approval of the proposed Centini sign . Town of Ithaca 2 Zoning Board of Appeals February 14 , 1990 Chairman Aron opened the public hearing . No one appeared to address the Board . Chairman Aron closed the public hearing . Motion By Mr . Edward Austen ; seconded by Mrs . Joan Reuning . RESOLVED , That the Zoning Board of Appeals grant and hereby does grant a variance for the sign proposed by the Coddington Restaurant as shown on their drawing , being a 2 ' by 2 ' sign approximately 10 feet in height from the ground . 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 WILLIAM AVERY , APPELLANT , KEN VINEBERG , ® AGENT , REQUESTING A VARIANCE OF THE REQUIREMENTS OF ARTICLE IV , SECTION 13 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE , WITH A HEIGHT OF 26 . 5 FEET , TO BE LOCATED AT 1113 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 26 - 4 - 27 , , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE ALLOWS ACCESSORY BUILDINGS TO BE NO MORE THAN 15 FEET IN HEIGHT , AND , RESTRICTS THE PLACEMENT OF AN ACCESSORY BUILDING , OTHER THAN A GARAGE , TO THE REAR YARD , THE PROPOSED GARAGE , CONTAINING A BASEMENT SPACE , IS PROPOSED TO BE LOCATED 25 FEET FROM THE ROAD RIGHT OF WAY . SAID PARCEL MAY BE CONSOLIDATED WITH 1115 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 26 -4 - 26 . Chairman Aron read a letter into the record from Harry Missirian , Acting Commissioner of Planning for Tompkins County , dated February 9 , 1990 , attached hereto as Exhibit # 4 . Ken Vineberg , Agent , stated to the Board that he is the designer for the project . Chairman Aron read from the appeal into the record ; the same is attached hereto as Exhibit # 5 . ® Chairman Aron asked Mr . Vineberg to explain why it is a hardship and why they are going to all that expense to put two cars in a garage . r • ® Town of Ithaca 3 Zoning Board of Appeals February 14 , 1990 Mr . Vineberg stated that first he would like to clarify the slope question . The slope is an 8 - foot drop in a 20 - foot run . He presented photos to the Board and explained the need for the 8 - foot concrete wall . Mr . Vineberg stressed to the Board that that foundation must be built to build this garage , which is a legal structure in this part of the site . Discussion followed between Mr . Vineberg , Chairman Aron and Town Attorney Barney regarding Section 13 , Article IV , of the Zoning Ordinance . Mr . Vineberg stated that he was unaware of the newer Code but he thinks that the issue here is that the garage is in a legal space where the slope is such that it is literally impossible to build a garage without creating this 8 - foot high foundation . He explained that the garage would be 8 feet high at the back and zero height in the front . The only desire for the garage is as a shelter for cars . Chairman Aron stated that he cannot visualize that they • would build a basement under a garage and put a slab over the basement without any further support . Mr . Vineberg explained that a civil engineer was hired to work on drawings of that and it is supported by steel and reinforced concrete . He stated that it is a very elaborate structure to support the cars and make it safe . Chairman Aron asked Mr . Vineberg what the hardship is in this case . Mr . Vineberg responded that the hardship is that this garage has to be higher because of the slope of the land and they are asking for an exception on the height so that Mr . Avery can build the garage . After further discussion , Chairman Aron opened the public hearing . Chairman Aron read a letter into the record from Dr . Achilles and Candace Filios in support of the proposed garage , dated February 9 , 1990 , attached hereto as Exhibit # 6 . Mrs . Doria Higgins addressed the Board and stated that as much as possible , she would hope that the garage would be as low as possible because it will be cutting off her sun . Mr . Avery stated that there are pine trees on the property that are much higher than the proposed garage will be . Town of Ithaca 4 Zoning Board of Appeals February 14 , 1990 Mr . King asked Mr . Vineberg about the height of the cupola in comparison to the house . Mr . Vineberg responded that the cupola height will be smaller than the house . Mr . King questioned the applicant ' s desire to be able to utilize the basement of this garage . Mr . Vineberg stated that the basement part of the garage • would probably be utilized for storage . In answer to Mr . King ' s question of - putting an apartment in that space , Mr . Vineberg replied that there is absolutely no intention of making it into any kind of a habitable space . Mr . Frost clarified for the Board that the height in front of the garage to the ridge of the cupola will be 19 ' 2 " which would still need a variance . Without the cupola , the height , at least in the front , would be under 151 . Town Attorney Barney questioned the spire on top of the cupola . Mr . Vineberg stated that in the drawings that is an aesthetic thing and it will not be part of the structure . Town Attorney Barney asked that it be noted in the record that that 4 - foot spire in the drawings will be altered and will not be a part of the structure . Chairman Aron closed the public hearing . Mrs . Hoffmann stated that she finds the design of the garage very attractive , and it makes sense to her to use that space underneath the garage which would be wasted otherwise , but her main problem with the proposal is that she doesn ' t see really what the hardship is . Mr . Vineberg stated that there is a lot of cost that goes into that high a basement wall and that cost has to be incurred Just because of the slope . To not be able to use that space for storage would be a hardship because this money has to be spent to create the wall . Mr . Vineberg explained that $ 13 , 500 will be the cost of this foundation . The cost of a normal foundation would be under $ 51000 . He stated that the applicant would like to be able to benefit by creating space because of the extra expense . Mr . Frost confirmed that if Mr . Avery had to fill that space in with dirt fill that would also be an added expenditure . Chairman Aron asked Mr . Vineberg what the extra expense is that makes it a hardship . Mr . Vineberg stated that the extra Town of Ithaca 5 Zoning Board of Appeals February 14 , 1990 expense is mostly due to the slope of the site . The hardship is not being able to benefit from the slope of the site by creating some storage space . Chairman Aron stated that one thing the Board has to consider is that the garage is on a different lot than the house is . He said that the garage with the basement will have to be all on one lot with the house . Town Attorney Barney stated that he thinks it would be wise to have the tax parcels consolidated into one unit and that could be conditioned into the granting of the variance , if the Board wished to do so . Motion By Mr . Edward King ; seconded by Mr . Edward Austen . RESOLVED , that the Zoning Board of Appeals find and hereby does find with respect to the proposal to construct the garage , as indicated in the drawings , with the cupola on • top , ( without the spire ) , whereby the maximum exterior height measured from the lowest exterior grade level will be 19 ' 2 " at the front ( southwest elevation ) , as shown on the plans submitted , and the exterior height measured from the lowest point in the rear ( northeast elevation ) will be 27 ' 811 , with access to this garage being from approximately the highway level of the Trumansburg Road , as follows . 1 . The cost of constructing the garage on this steeply sloping lot will require $ 6 , 000 to $ 8 , 000 more being put into the foundation and there would be a hardship to deny the applicant the use of that garage space by requiring that it be filled in , 2 . The proposal meets all the criteria for a variance as expressed in Section 77 , subdivision 7 , sub - sections A- F of the Town ' s Zoning Ordinance ; 3 . No one appeared in opposition to the proposed garage , and FURTHER RESOLVED , that this variance be granted with the following conditions : 1 . The applicant will consolidate the two tax parcels concerned , one being tax parcel 2600004000* 26 , the other • being tax parcel 26 - 4 - 27 , into one residential lot . This is to be accomplished not only at the Assessor ' s Office as one tax parcel , but it also is to 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 - 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 read a letter from Harry Missirian , Acting Commissioner of Planning for Tompkins County , dated February 9 , 1990 , attached hereto as Exhibit # 71 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 . i 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 & 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 - - if we are talking 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 , Connie J . tftolcomb Recording Secretary APPROVED . Henry Aron , Chairman Centini ' s Coddington Restaurant - 1 - Off- Premises Sign , 2 ft . X 2 ft . Recommendation to Zoning Board of Appeals Planning Board , January 23 , 1990 ADOPTED RESOLUTION : Centini ' s Coddington Restaurant Off - Premises Sign , 2 ft . X 2 ft . Recommendation to - Zoning Board of Appeals Planning Board , January 23 , 1990 MOTION by Mrs . Virginia Langhans , seconded by Mr . Stephen Smith : RESOLVED , that the Town of Ithaca Planning Board , in its capacity as Sign Review Board , recommend and hereby does recommend to the Zoning Board of Appeals approval of the request by Susan Centini for variance of Section 2 . 01 - 1 of the Town of Ithaca Sign Law to permit the placement of a 2 ft . X 2 ft . off - premises directional sign for Centini ' s Coddington Restaurant on a parcel of land zoned Business " A " , owned by Ithaca College , and located. at the northeast corner of Rte , ' 96B ( Danby Road ) and Coddington Road , Town of Ithaca Tax Parcel No . 6 - 40 - 4 - 1 , and further RESOLVED , that said Planning Board ( Sign Review Board ) recommend and hereby does recommend that the Town Planning Department . be notified • of , and review , any further plans for signage that might be proposed for placement on the subject parcel . Aye - Grigorov , Kenerson , Baker , Langhans , Lesser , Miller , Smith . Nay - None . CARRIED UNANIMOUSLY . Nan M . Fuller , Secretary , Town of Ithaca Planning Board . January 25 , 1990 . • EXHIBIT # 1 CP z -+ O � � "nF c , o � ® cp < LpU L40� Cid Zi zrn 7� o{ Z z Z z Cir � EXHIBIT # 2 Ithaca, New York 14850 807-274-3285 Vice President for ® Business and Administrative Affairs September 29 , 1989 Town of Ithaca Town Hall 126 East Seneca Street Ithaca , NY 14850 RE : Sign Application by Susan Centini ( Centini ' s Coddington Restaurant ) Dear Sir or Madam : This letter is written in support of the sign application by Ms . Susan Centini ( Centini ' s Coddington Restaurant ) to place a sign on land owned by Ithaca . College . Sai , is located land is in tax parcel 40 - 4 - 1 and , more specificallycated at the northeast corner of the intersection° of Routes 968 and Coddington Road , Ms . Centini has approached the College seeking Place a directional sign to their family restauprantissonion saido property . Because of the long - standing relationship between the Centini family and Ithaca College , . and because said property was a gift to the College from Mr . Centini , we are happy to accommodate the request . Assuminga proval permit application by the Town of Ithaca , te College wof t illhe work with Ms . Centini on installation of the sign . Should there be any questions , please feel free to contact me . Sincerely , Thomas R . Salm vice President for Business and Administrative Affairs • EXHIBIT # 3 ### ######## 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 : Dimension variance appeal by William Avery at 1113 Trumansburg Road ( state highway ) Tax Map No . 26 -4- 27 This memorandum acknowledges your referral , of the proposal identified above ' for review and comment by the County Planning Department . ZONING REVIEW , pursuant to NY General Municipal . Law , Section 239- 1 and -m . The proposal , as submitted , will have no significant deleterious infpact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . Additional comments not part of the 239- 1 & -m review . One reason for a lower maximum height limit for accessory buildings is that they are often allowed to be sited closer to the side or rear lot lines where they might reduce the sunlight on a neighboring property if they were as high as the principal building . copy : file ® EXHIBIT #4 Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360 A P P E A L to the Building InspectortZoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca , New York The garage shown in the accompanying drawings is 14 feet high from the floor of the parking area to the peak: of the garage roof . Allowable height for an accessary building is 15 feet . At issue here is the additional height created by the basement below the parking level , and the cupola on the roof . y Since height is measured from the lowest floor in contact with grade , the basement must be included in calculating the garage height . Because of the natural slope of this site , which drops steeply away from the road , the basement walls are unavoidable . Surprisingly , if the basement were filled with dirt , it would no longer be included in calculating the building height . This would make the garage legal even though it in no way changed its actual height or shape . I believe I would be suffering an unnecessary hardship if I were not allowed to utilize this basement space . Particularly since utilizing the basement space will not change the actual height of the garage . Since the Town of Ithaca makes no exceptions for roof structures not intended for human occupancy , the cupola must also be included in the height calculation . This makes the garage a total of 26 . 5 feet high , including the basement . Primary structures are allowed to be 30 feet high . I ' m going to considerable trouble and expense to set this oarage 25 feet back from the road , so that it is in an area where + a 30 foot high building would be legal if it were part of the existing house . Because this garage is located to allow for the full front , side , and rear yards required for primary buildings , I think it would be imposing an unnecessary hardship to require this garage to meet the height restriction for an accessory building . Furthermore , the bupola is a charming aesthetic element , which adds to the picturesaue quality of this garage . By including such things as cupolas , widows walks , spires , chimneys , and steeply pitched roofs in your height restrictions , you are forcing the production of buildings with low pitched rows and dull silhouettes . I think you should look at the Village of Cayuga Heights and the City of Ithaca codes and consider exempting certain non -habitable roof structures from your height calculations , as they have done . EXHIBIT # 5 1 evo : 2'o /I 10 Q r d 00,D,� CL�S 15 Tomes, � x3e _ *74A ae, a lee. ��p G(Jr r�t�,-� # IV ei . 71V Co�sfru �t a rQ WL Cc r6 Gv�if • AVL oar sWa 7Vai!� , /� . S r '7' � cot' s frr,zu4 MrtZ. `ZOUJeJ / #e rn.�Q,u.ec . vL44. n os f � we, &4A. � EXHIBIT # 6 • f ' 1 xx 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 . 18- 5-5 This memorandum acknowledges your referral of the .proposal identified above for review and comment by the County Planning Department . ZONING REVIEW , pursuant 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 . 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 1ots , . 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 . POA TGA r\01S copy : file l EXHIBIT # 7 Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360 . Qn 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, Ivan & 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 A^/a O ld Y (1N3 W3AVd j LN3592cd �' I S+'£ • ; XN aniao- - 32CM9 �' S'v3 3 � M61 - 11 N too zz s i LZ : s m Q•J _6' YI I ' St 1 w } .r ZZ 4 3 fr dl J /< � Z < ta •aa FJN 90 Z N vl H . h Q C O < ILfN 1 Z 0 0 J 0 I- O U2 v_ Q �• ' O W J Z3 < ,dN -i- a' ; y rl .a � 0. .9 0. o�a , Q O o a_ Y .Y oovm %J LL v a � � e. F- W mY ' vrD ' m rN4C v Z J d YQ-ai u�i� N a M w $ ~ dw = N O i1 1• � ' r �' Or Qrw -I � ' aW < L Vd Y r � j t l � y J � I„ — rVy 1 kL N ( Alia » 2_ p oma any ay S c V y m 7. 1r vzu _ i OW � r vd >r- O v 6 = 01 I i- - 00 I rJ 1 � r.. h r 1 0 t. N J o 0 <z h@ .. G 3 N Q dQN ' U. a 3 a rn Y $ r COw o o . .7 o v . , 3NM I d Nm ti. a Q „ dwz S (P did LMa rl ~. IS Nw / M ° \ .Z : w • . .AI d 'IGji o q (U ^ 3x25 ;z. S - \ \^ 9 12- n •Nu=, p r Q 'o2 :2 s 0a �� H91�1 j r - S r '{ ' Vl l - � ca r w I`ll w in Q Qe' O " - d• r , `a V WNL w J Ny .y p ��T(( r� o• . 6` i > v = o<. eit m W K N N1aON 0 -a Q � }� 71 J L .1 00 �. �• „ } Wpl rU J v .r 1 LU b a d L niwZ c iQ£ r+ ywZ `17in nln N 4 G W 10 + v 'o i O o < 2 , N p I- T h 1 1 a a p r ° r v y.1n 1 1 A z A r of d 1 EXHIBIT #9 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 )� .:.lor- /n J JIM ' Iljllll.,: — I , a • 4f V4 00 Ar Ag = S- gid • T 1 _ . a•• � • a ,III !�,� II i11 a � i • L' bll I'I' '�H��., . : _ I ,_ :�a 1 Uj3IIII jllll' 1' !!II jll s , u _ ; • i ; : � I �Il-11-•l�j , • Jy�i- _.. Z / II nuw�p'�gn`Js i I 54 I , i LI I I I I III I . . . . . . ... _ t '.•__ _. _ _ •I I _ II III I � ' I mosr • . . . . e • $ . . _ j, Ilj , I j III. jI ! l I ,I Ia �-- i;lljltllllll ii� j�I � il� 'I �• fM fro so 1.01 .01 r v ` • ^ e r � \• JIII 1 - t : Tl V . L • �-q-• -. t .r I • - 1 - t - - - 1 I 1 ago CM Igo :0 p I � j i tf .I Imei a • '3' nIr uM % oe ^ IR I— Ij w > O M - • I It r , 1� [Z I s I iIf { I I Ion ^ rr."01 o I • o of Vp wo z mM e• • I z 1 e u Id 70 ' ` Z EXHIBIT ## 11 j z H p :fl a I :ss t � ' - , : "•, Q _ 'ALTERATIONS TO Jagat P. Sharma mo r1940 EAST SHORE DRIVE Architect F� YITN ACA, NEW MONK .....;1 r,ll .n..,.. n . , 1 . DEPARTMENT OF THE ARMY \ BUFFALO DISTRICT, CORPS OF ENGINEERS I1776 NIAGARA STREET BUFFALO, NEW YORK 14207 - 3146 j REPLY TO ATTENTION of March 30 , 1989 Regulatory Branch SUBJECT : Letter of Permission - Processing No . 89 - 101 - 9 Mr . Om P . Gupta 940 East Shore Drive Ithaca , New York 14850 - 1026 `— Dear Mr . Gupta : Please refer to your request for a Department of the Army permit to perform work in Cayuga bake 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 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 ccm 1 with the n = jmit terms and conditions . EXHIBIT # 12 - 2 - Regulatory Branch SUBJECT : Letter of Permission - Processing No . 89 - 101 - 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 : '000 ''���e �! Hug F . Boyd III Colonel , U . S . Army Commanding Enclosures EXHIBIT # 12 w► �� ` ; r 2290 of If 41 ; 1 m yl „� ' 1, . tr,. �. SD �1 < McKinneys'.:flat am r j o 3 >h>7 Z • , •+ 4L jv 1° ' \ •_ ;� , ��� ��:, 11=� Willow 2285 yll NNNN it \Col) e \�\ x ,k \ I \ r4103os dt14 LighlO Slw Ig w, 1 Disposal � • :\ � \� \,\\�\; — _ - - - — BDY 2280 CORP \ ` D \':;. :• y .� l ,l ` :+ •` ) ><\ o• �� � .� Light , �• . � .Ji��' "oZ • •�� '. s\ \ \ \ , ATHENIAN ST r o JB9 X. /• r, V `,•� LAN• \ \\ tewar fa>rk!--%' I I C . \\ .,\� ,•. MARINE PARK �\ t\ \ :• ,•\ •: \ , I , ,\ o C'• Zama. o ' 9 �� qR ` 1 � ' j1\' ` • d:'. 1' ii Golf Course C>,j II N mat 7. ` � \ ' = 1 1';•J j� �.F1�11 , ; � �\ � . �-,; : , u fir � n I Imp I moo. t to 1 I: In & T-, 4 -� , \ \ 1 ',`� , , . J)) J.\ I Sewage e. " azn Til. � O • ` C• (; t . 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B on b y . i I,4 /)" '// //� ,�, I 1 ) 11 • i' �A J I�J�Vi , � II: /i ; / ;ril ?r, :;', d,� / _• • Olmmmm�mmot p-lWat (it fq Imp all; ; 7 f �r � l / ��• �/i% / rf/ f J ;1.y : '=III 'r 'A tAly � ' G 1 >� A CA — - - She I o 2- 1�/ FS � , NEw yOR EXHIBIT # 12 ' ' � � � � >L � C tet • ) - _ t Z -- e i9hbot S ; � —y� r4b� M Pad wa to v vvv rd L i,�► ; t - G ,F -be c "h - -T(TO be in Wilk or Shore 'v1nrd o c � line p 'F e �riltrn5 wgll � o � • o 1°ro Posed N . ► ane of �— � -� Exist-, P) 5 ( S ; to Pile D P C K n� n z I %U V1\ _ I I i Existing Z E) L4 rizE> c I ,. f� (,{ + �' a ; Tto h - a g )` Na , PF � pe � ; Li_ ' nk 7M ' Proper-tr S (a � C 13 � 1 J f 1 P /CIA V i L> r�'PL�C.QTiG�Y �y< p l f e Sol G r r` �' d. t 1 E' C ' ! O rn _ ICI V, to -4 7 o for (N a T = � � � g � e .Z- EXHIBIT # 12 Mrs . Cora Sepos 940B East Shore Drive Ithaca , NY 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 . U r % • EXHIBIT # 13 PP .. FPO - j �10 �► •.1 I LA � Ga Mr . s �nds i1 Sfln ` 0adG East Shore Drive Ithaca, NY 14850 I am the owner e3at 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 . tR I EXHIBIT # 14 ® AFFIDAVIT OF PUBLICA TION TOWN OF ITHACA ZONING . BOARD OF APPEALS, NOTICE .` OF PUBLIC HEARINGS ,- ' WEDNESDAY, FEBRUARY 14, 1990, 7:00 P. M. B direction of the Chairman of the Zoning Board of Ap= T ����ggggA eals NOTICE IS HEREBY, -�E C GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, Feb- ruary 14, 1990, in Town Hall , State of New York , Tompkins County , ss . : 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST . Side ), Ithaca, N. Y. , COM- Gall SullinsMENCING AT 7 :00 P. M. , on being dill } sworn , deposes and the following matters. APPEAL of Susan Centini, Ap-- says , that she/he resides in Ithaca , Count \, and , tate af0resald and that pellant, requesting a variance of the requirements of Section Clerk 2. 01 - 1 of the Town of Ithaca . she/he is Sign Law to permit the plata-`- ment of a 2 ft. sign, reading of The Ithaca Journal a public newspaper printed and published in "Centini's Coddington Restau- rant", off the property of the Ithaca aforesaid , and that a notice , of which the annexed is a true restaurant on land owned by Ithaca College and located at copy , was published in said paper the corner of N. Y. S. Rt. 96B and Loddington Road , " Town of Ithaca Tax Parcel No. 6-40- p r R Y v tion Business District Sign Sec- C) � tion 2. 01 - 1 of said Sign Low prohibits off-premises signs. APPEAL of William Avery, Ap- pellant, Ken Vineberg, Agent, requesting a variance of the requirements of Article IV, Section 13, of the Town of Ithaca Zoning Ordinance, to i d that the first publication of said notice was on the c permit the construction h a j 9c, detached garage, with a day of 6 height of 26. 5 feet, to be log by Q r —r 19 i cared . at 1113 Trumansbur Road, Town of Ithaca Tax Par- cel No. 6-26-4-27, Residence n District R- 15. Said Ordinance allows accessory buildings to 1 be no more than 15 feet in height, and , restricts the placement of on accessory Subscr ' bed and sworn to before me ; this day building, other than a garage, j to the rear yard. The proposed i garage, containing a base- i of 19 ment lospace, 25 feetproposed m the road right of way. Said parcel may be consolidated with 1115 Tru- monsburg Road, Town of Itha- ca Tax Parcel No. 6-26-4-26. APPEAL of Om P. Gupta, Ap- Notary Public , pellant, requesting authoriza- tion by the Bcord of Appeals, JEAN FORD under Article XII , Section 54, 1 of the Town of Ithaca Zoning .j Notary Public State Of NeW YOrJ_�t Ordinance, for the extension of a non-conforming building I No. 4654410 on a non-conforming lot lo- cated at 940 East Shore Drive, Town of Ithaca Tax Parcel No. Qualified in Tompkins Counpl / 6- 16-5-5, Residence District R- { • • 15. The extension proposed is Commission expires May 31, 19 . / the construction of additional living space on the south side of the existing building, with ? the south side building set- back changing from 20. 8 feet to 9. 4 feet ( 15 feet being re- Kheired ), and the extension of second floor, over the existing first floor , of the building in a northerly direc- tion but not beyond the exist- ing 8. 6 foot north side build- ing setback ( 15 feet being required ), with the building height remaining the same. Said Zoning Board of Appeals will at said lima, 7 : 00p. m . , and said place, hear all per- sons in support of such matters or objections thereto . Persons may appear by agent or in person . Andrew S. Frost Building Inspector/